Sea where William Talvace Earl of Sees and his Son John and his Grandchild John the Son of his eldest Son Guido Earl of Pontheu [6.] Chron. Norm f. 1000. C. The Earl of Sees delivers his Castles to King Henry delivered to him the Castles of Alencon and Roc-Mabine with what belonged to them and they lost them for the ill Practises of them and their Predecessors which King Henry abolished From thence he went into Britany with an Army and there [7.] Ibid. D. Joh. Bromton ut supra n. 40. King Henry Marries his Son Geofry to the Daughter of the Duke of Britany And reduceth the Country to his Obedience made a Match between his Son Geofry and Constance Daughter and Heir of Conan Duke of Britan lately dead though neither of them Marriagable where though he found opposition yet he soon reduced his Enemies and the Country to obedience he besieged the Castle of Fougeres in the Confines of Normandy and Britany took and rased it to the ground At Touars he received the Homage of almost all the Barons and from thence he went to Rennes which is the chief City and by that was seised or took possession of the whole Dukedom and because he had neither seen Dol nor Combourgh he visited them in the way to his Devotions at Mont-St Michael At Christmass King Henry was at [8.] Chron. Noâ—man f. 1101. A. King Henry marcheth into Avergn and asserts the Title of the Disinherited Earl Poictiers where his Son Henry came to him from England In Lent he had a Conference with the Earl of St. Giles at Grammont After Easter he marcheth with his Army into Avergn and wasted the Lands of Earl William who engaged upon his Faith to stand to Justice in the presence of the King in relation to his Nephew the young Earl of Avergn whom he had disinherited but he broke his Faith went over to the King of France and made Discord between them On Trinity [9.] Ibid B. An. Do 1166. A Treaty of Peace between the two Kings without effect They burn each others Towns and Villages Sunday the two Kings met in Veuxin where they Treated of Peace but the great Men of France exasperated their King against King Henry and so nothing was then done whereupon both sides fortified their Castles and brought together what Forces they could The King of France burnt several Villages between Mant and Pacey King Henry provoked by that Action though with great deference to King Lewis saith the Chronicle burnt the Strong and Rich Castle of Chaumont by Gisors which was the King of France his Magazine of Victuals and there also his Money was lodged to carry on the War with very many Villages about it At which the King of France was much moved and burnt Vadum Nigasiâ— that is Gany L'Isle and other Villages in Veuxin belonging to the Abby of St. Owen in Roven he burnt also the good Town of Andeli Sur Sein which belonged to St. Mary and the Arch-Bishop of Roven and wasted some other places appertaining to the Church of Holy Trinity of that City In August there was a [1.] Ibidem C. D. A Truce between the two Kings King Henry subdued Britany Maud the Empress dies Leaves great Treasure to Monasteries and the Poor Gives a great Sum toward the building a Stone Bridge at Roven Truce made and Sworn by both Kings until Easter From hence King Henry went into Britany and brought under his subjection all the Britans and those of St. Pol de Leon for Gaimar Son of Henry Viscount of that Town gave Pledges and submitted to the King being much affrighted when he saw his very strong Castle taken and burnt and other places either taken or rendred While he was thus busied in Britany a Messenger came to him with the News of his Mother Maud the Empresses death She died the Tenth of September at Roven and was buried at the Abby of Bec. Thesauros infinitos c. Her Son distributed her vast Treasure to Churches Monasteries Lepers and other Poor for the health of her Soul She built three Monasteries in Normandy and gave a great Sum of Money toward building the Stone Bridge at Roven which she had begun The greatest part of the [2.] Ibidem f. 1002. Anno Dom. 1167. The Poictovins and Anjovins Conspire against King Henry He burns and wastes their Country They apply themselves to the King of France Poictovins and Aquitans Conspired against King Henry and wasted the Country with Burning and Rapine he marcheth into their Country destroys their Towns and Villages takes their Castles and puts Garisons into them of his own Soldiers and leaves those Countries to the Care of his Queen and Patrick Earl of Salisbury while he goes to meet the King of France eight days after Easter between Mant and Pacey to Discourse and Expostulate with him about the Injuries he had received from him for the Poictovins had applied themselves to the King of France and put themselves under his Protection and given him Pledges for their Fidelity to him notwithstanding they were King Henry's proper Subjects There was great Debate between the two Kings about this Matter The Truce continued but the King of France would not deliver his Hostages though received against Justice and therefore the Truce was only prolonged until eight days after Midsummer Before the last [3.] Ibidem C. D. The Britans Confederate against the King of England Truce was made the King of England had Summoned Eudo Vicecomes or Viscount of Porhoet who by a false Title was called Earl he had received many kindnesses from the King yet refused to come to his Service and Assistance having Confederated with other Britans to wit Oliver Fitz-Oliver of Dinan and his Cousin Rowland King Henry was very angry with them and began first with Eudo who was the Chief he took his chief Castle He reduceth them by Fire and Sword and burnt and wasted all his Territories he took from him the County of Broguerec whereof the City of Vannes was the Head and took possession of that also After this he marched to Dinan and took that and all the Fortresses in the Country about it into his possession Then he went to the Lands of Rowland and plundered and burnt them Eight [4.] Ibid. D. An unsuccessful Treaty days after Midsummer the two Kings came together again at Ferte-Bernard a Castle in Main near the edge of Perch to Treat of Peace and as before departed without success for the Britrins and Poictovins when they gave Hostages to the King of France he Covenanted with them That he should make no Peace with the King of England without their Consent The two Kings fortifie their Borders Hereupon both sides fortifie their Borders and this sort of skirmishing or fighting continued until Advent King [5.] Ibidem A. B. The Earl of Pontheu denies the Earl of Bologn passage through his Country The Earl of Bologn
recover it self Secondly They required the Churches might be [6] Paris ut supra Taxed by Lay-men according to the just and true value They answered It was not reasonable but contrary to Justice that Lay-men should meddle with Collecting of Tenths nor would they ever consent to a new way of Taxing but that the old should stand Thirdly That the Bishops and Abbats would pay the Tenths of their Baronies and Lay-fees fully according to the true and highest value To this they answered They were impoverished by [7] Ibid. f. 1003. lin 1. Depredations and Plundering That they followed the King in his Expeditions and spent so much Money that they were grown very poor and their Lands lay Vntilled by Reason of the War Fourthly They required that all Clercs [8] Ibid. n. 10. holding Baronies or Lay-Fee should go armed in their own Persons against the Kings Enemies or find so much Service Tantum Servitium as belong to their Land or Tenement To this they answered They ought not to fight with the Material but Spiritual Sword to wit with Prayers and Tears And that by their Benefices or Fees they were bound to maintain Peace not War And that they held their Barony in Frank-Almoign in puris Eleemosynis in pure Alms and therefore ought no Military Service but what was certain and would not perform any that was new Fifthly They required on the behalf of the [9] Ibid. n. 20. Pope That with all speed the Expedition of the Cross might be Preached through the whole Kingdom To this they answered That a great part of the People had been killed in War and that if now they should undertake the Crusado few or none would be left to defend the Nation At last it was said that the [1] Ibid. Prelates Will they Nill they were bound to comply with all these Demands by the Oath they had taken at Coventry that they would assist the King by all means they might or could To this they answered That when they made that Oath they only meant it of Spiritual help and wholesome Counsel Quando Juramentum fecerunt non intelligebant de alio Auxilio quam spirituali Consilioque salubri What was done further in Parlement I find not there was then no attempt made against the Disinherited within the Isle of Ely only they were [2] Mat. West f. 198. n. 20. restrained from making Excursions by the Forces the King had with him at Cambridge In the mean while the [3] Ibid. n. â—0 40. The Earl of Glocester enters London with a great Army He sent to the Legat to deliver up the Tower to him Earl of Glocester came with a great Army out of Wales to London and pretending to serve the King by the help of the Citizens that were his Friends entred the City and sent to the Legat to Deliver the Tower to him forthwith and prohibited all people to send in any Provision or Victuals to him The Rabble of the Cities and Country near it joyned with him they Plundered and spoyled what Citizens they pleased that they thought were not or they would not have their friends wasted the Countries and Robbed and Pillaged by Water and Land The King when first he heard of his preparations sent into the North and other parts for Recruits and his Son [4] Ibid. f. 399. lin 4. The King raises an Army to reduce him Edward brought from thence and from Scotland to his Father at Cambridge 30000 Men with which leaving a sufficient Guard there against the Disinherited in the Isle of Ely they marched to Windsor where their Army Dayly increased [5] Ibid. lin 6 7 8. The Earl with his Company in London began to fear the King and sent a Message to him for Peace upon their own Propositions which they could not obtain Then they Challenged and provoked the King to a Battel upon Hundeslawe now Hundsâ—o Heath Next Day the King Marched thither but found no Enemy From thence the King Marched to [6] Ibid. n. 10. Stratford where came to him the Earls of Bolongn and St. Paul out of France with 200 Knights and their Retinue the Gascoins likewise with many great Ships furnished with all sorts of Warlike Naval Arms fit for fight arrived near the Tower expecting the Kings Command [7] Ibid. n. 20 The Earl seeing he could not get the Tower out of the Legats Hands and that his Army was like to be shut up in the City applyed himself to Richard King of Almain and Philip Basset [8] Pat. 51. Hen. 3. M. 16. n. 49. De pace inter Regem G. Com. Gloucestr He sues for peace and pardon and obtains it for himself and his followers who made his Peace with the King he resolving to believe whatsoever they should say of or for him By which Peace he and all his Retinue and the Company with him the Londoners likewise and all his favorers were [9] Ibid. Pardoned for all Deeds done from his first motion out of Wales as well by Water as by Land in the City and without and in divers Counties which Pardon was not to Extend to the Disinherited that were not in the Kings Peace the Day the Earl began to March from Wales toward London And that the King might be assured he never should make War against him afterward he [1] Ibid. What securâ—ty he gave tâ— King for his future behaâ—viour offered his Oath his Chart Pleges and the penalty of 10000 Marks for security This Accord bears Date at Stratford June the 15 th the 51 st year of this Kings Reign and the Pardon June 16 th From the beginning of April when he set forth from Wales to this time he had been harrassing of the Countries where-ever he came and the City during his being there The King seeing he could not prevail with the Bishops and other Prelates to assist him with Mony in his very great Necessity The Bishops refuse to asâ— the King wiâ— Mony applyed himself to the Pope who by his [2] Cart. 5 Hen. 3. M. 1 in Câ—dula Bull wherein he recites all the affronts and injuries done to the King Queen and Prince by the Barons and the Miseries that befel them and the whole Kingdom and Church by those Wars with the Kings Extream want of Monies and Debts by reason thereof and the necessity of supplying him for the better support and defence of his Kingdom the Churches and his Peoples Liberties Especially by the Clergy The Pope granteth the King a tenth of all Ecclesitastic Revenâ—nues for thrâ— years who had received such Bountiful Gifts and Endowments from him and his Ancestors Granted the Tenth part of the Profits and Rents of all Arch-Bishopricks Monasteries and all Ecclesiastical persons whatsoever as well Regular as Secular Exempt as not Exempt in England Wales and Ireland for three years according to the true and highest value notwithstanding all former Bulls and Exemptions to the contrary This
be written of their Laws Customs and Usages than what hath been [1] f. 67.68 c. Of the Saxons and what the condition of the ordinary Saxons was before the Conquest said in the First part of that History yet seeing all men of the long Robe that do industriously write of or incidently meet with them when they write of other Things and in their Coments upon Magna Charta and some other Old Statutes do magnifie and cry up the Liberties and Freedom of the Ordinary People under the Saxon Kings to such a Degree as makes them all Petty Princes or at least Sharers in the Government and that the Common Historians do report the same things of them I shall from Authentic and undeniable proof out of Domesday Book shew them what Really their condition was before and after the Conquest Essex [2] Little Domesday Book which conteins only Essex Norfolk and Suffolk f. 1. b. Tâ—e same Sorts of men and of the same denomination before the Conquest as afterward Terra Regis Hundret de Berdestapla BEnflet Tenuit Haroldus Tempore Regis Edwardi pro uno Manerio pro octo Hidis modo Custodit hoc Manerium Ranulphus frater Ilgeri in Manu Regis Tunc xii Villani modo xxi semper vi Bordarii Tunc tres servi modo tres iij Carucatae in Dominio modo ij Tunc xi Carucae hominum modo v triginta acrae silvae Pastura 130 ovibus Dimidium Molendini c. Harold held Benflet in the time of King Edward for one Maner and Eight Hides now Ranulph Fitz-Ilger keeps it in the Kings hand Then that is in the time of King Edward there was twelve Villains now when the Survey or Domesday Book was made one and twenty There was always that is then and now 6 Bordars then three Servants and now three Three Carucates in Demeasn now two Then the men or Tenants had Eleven Ploughs or Eleven Plough-lands now Five Thirty Acres of Wood Pasture for 130 Sheep half a Mill c. Witham [3] Ibidem Tenuit Haroldus Tempore Regis Edwardi pro uno Manerio pro v. hidis modo custodit hoc Manerium in Manu Regis Petrus Vicecomes Tunc duae Carucatae in Dominio modo tres Tunc xxi Villani modo xv Tunc ix Bordarii modo x. Tunc sex servi modo ix Tunc xxxiii Sochemani modo similiter Tunc xviii Carucae Hominum modo vii haec perditio fuit Tempore Sueni Baignardi Vicecomitum per Mortem Bestiarum Harold held Witham in the time of King Edward for one Maner and for five Hides now Peter the Sheriff Keeps it in the Kings Hand Then there were two Carucates in Demeasn now three Then there were twenty one Villains now fifteen Then 9 Bordars now 10. Then six Servants now 9. Then there were three and twenty Socmen now the same number Then the men or Tenants had 18 Ploughs now 7. and this loss was in the time of Swain and Baynard the Sherifs and by the Death of Cattle Writelam tenuit [4] Ibid f. 5. a. â—hâ—lmesfort Hâ—nd Haroldus pro Manerio xvi Hidis Tempore Regis Edwardi Modo Rex Willielmus pro xiiii hidis Tunc C Villani tres minus post modo Lxxiii Tunc xxvi Bordarii post modo Lx. Tunc xxxiiii servi modo xviii c. Harold held Writel for a Maner and 16 Hides in the Time of King Edward Now King William possesseth it for 14 Hides Then there was an Hundred Villans wanting three afterward and now seventy three Then 26 Bordars afterward and now sixty Then 24 Servants now 18. Then 12 Carucates in Demeasn now 9. Then the Men or Tenents had sixty four Ploughs or plough-Plough-lands Then this Maner yielded 10 Knights farm and 10 Pounds now it yields an hundred pounds by weight And thus are the Entries of the ordinary Inhabitants of all the Country Towns and Maners in this County they were Villans Bordars and Servants as well in Edward the Confessors and the Saxons Time as after the coming of the Normans They were people of the same Condition There are seldom to be found any Socmen and very rarely any Freemen in the Entries of this County In Norfolke there are many Freemen to be found and but few Socmen Norfulc [5] Ibid. f. 135. b. Terra Regis Hund. de Walesham IN Mothetuna tres liberi homines xxxvii acras Terrae quatuor acras dimid Prati dimid Carucat valet Duos Solidos viii d. In Motheton three Free-men hold thirty seven Acres of Land and four Acres and half of Meadow and 't is half a Carucate and the value of it is two Shillings eight pence or it pays so much In Bastwic 1 liber homo xxx acras Terrae duas Acras Prati dimid Carucat valet xvi d. In [6] Ibidem Bastwic one Freeman hath 30 Acres of Land and two Acres of Meadow and 't is half a Carucate and is worth or pays 16 d. In Martham [7] Ibidem Flec West Hund. The ordinary free men were under protection of great men Duo liberi homines unus Gert alter Haraldi Comendatus de Quadraginta Acris Terrae 6. Acris Prati Tunc 1 Caruc post modo dimid Tunc post quatuor sol modo 6 sol In Martham two Freemen one the Client or under the Protection of Gert he was Harolds Brother and the other of Harold held Forty Acres of Land and six Acres of Meadow Then one Carucate since and now but half a Carucate then and afterwards it was worth four shillings now six shillings In Clepesbes unus [8] Ibidem liber homo Gerti Comendatus Tempore Regis Edwardi de xx acr Terrae et quatuor acris prati et tres liberi homines sub Eo xvii acr Terrae tres Acr. prati semper 1 Carucat semper valuit ii Sol. vi d. in Censu Ormesbei In Clepesby one Freeman under the Protection of Gert. in the time of King Edward had twenty Acres of Land and four Acres of Meadow and three men under him had 17 Acres of Land and three Acres of Meadow it was always one Carucate and always paid 2 s. 6 d. Rent to the Maner of Ormesby In Clepesbes 1. liber [9] Ibidem homo Regis de xx Acr. Terrae semper dimid Car. tres Acr. Prati semper valet 2 s. in Wintertuna 1 liber homo de vii acr terrae In Clepesby one Freeman of the King hath twenty Acres of Land always half a Carucate it always paid 2 s. to the Maner of Winterton one Freeman there had 7 Acres In Borstuna [1] Ibid. f. 130. a. quatuor liberi homines Algari Tempore Regis Edwardi Commendati tantum de xl Acr. Terr 1 Bordár semper 1 Car. iii Acr. Prati In Borston four Freemen who were only under the Protection of Algar in the time of
the King of France 24000 Marks Father ingaged to pay him and so obteined his Love and Favor And the King of France Restored unto him all things which he had taken from his Father in the last War as well Castles as Cities and Fortresses Towns and Lands While he remained in Normandy His Mother Queen Alienor released Prisoners his Mother Queen Alienor went from City to City and from Castle to Castle as she pleased and sent Commissioners into all Counties for the Releasing of Prisoners for the Soul of her Lord Henry having learnt from her own Experience what Afflictions Prisons were * F. 152. n. 20. Mat. Paris says she had been closely imprisoned by her Husband Sixteen Years and now her Son gave her leave to Direct and Order the Nation as she pleased in his absence She Commanded [4] Ibid. n. 30. What sort of Prisoners were released by Precept from the Duke her Son That all who were taken for Trespass in Forests should be set at Liberty and all that were Out-lawed for any thing done in Forests might return free and acquitted from all Forfeitures That all such as had been taken and restrained upon the Kings Will and Pleasure or upon the Will and Pleasure of his Justice and were not imprisoned by the Common Accusation of the County or Hundred or upon an Appeal should be Released And such of Those as were accused by the County or Hundred that could find Sureties for their Appearance and Tryal if they were prosecuted should be set at Liberty Those also that were Imprisoned upon an Appeal for any Heinous Crime if they had Sureties might be at Liberty And all such as were Out-lawed upon Accusations upon Common Fame might return and give Security to stand Tryal and such as were Out-lawed upon Appeal if they could make Peace with their Adversaries might be free All those that were Appealed by such as confessed themselves Malefactors Qui se Malefactores Cognoscunt were Released And those Malefactors who had their Lives and Limbs given them for their Appealing others were to Abjure the Realm and Depart And such Malefactors who voluntarily Appealed others without a Pardon for their Lives and loss of Limbs were to be kept in Prison until further Consideration After which she Commanded [5] Ibid. n. 50. The Oath of Fidelity taken by all Freemen That every Freeman of the whole Kingdom or Government should swear Et praecepit Quod unusquisque liberorum hominum totius Regni juraret That he would bear Faith to Richard King of England the Son of King Henry and Queen Alienor for the Preservation of their Lives and Limbs and their Terrene Honor Quod fidem portabit Domino Richardo Regi Angliae filio Domini Regis Henrici Dominae Alienorae Râ—ginae de vita membris suis honore terreno As to their Liege Lord against all Men and Women that could Live and Dye sicut ligio Domino suo contra omnes homines foeminas Qui vivere possunt Mori and That they would be obedient to his Laws and would assist him in all things for the Conservation of his Peace and Justice Et quod ii Justiciabiles erunt auxilium ei praestabunt ad pacem Justiciam suam per omnia Servandam The Duke [6] Ibid. b. lin 2. He restores Robert Earl of Leicester to his Estate c. returned to Robert Earl of Leicester all his Lands which his father had taken from him and all those his Father had disinherited he restored to their former rights He hated all those Clercs and Laics which left his Father and adhered to him and turned them out of their Offices or Services but such as served his Father faithfully he reteined and inriched them by his Bounty On the 13th of [7] Ibid. n. 10. August he came to Barbeâ—let now Barâ—leur and sent before him Walter Archbishop of Roven Henry Bishop of Bayeux and Iohn Bishop of Eureux Baldwin Archbishop of Canterbury Gilbert Bishop of Rochester and Hugh and Hugh Bishops of Lincoln and Chester He comes into England and presently with his Brother Iohn followed them into England and landed them at Portsmouth [8] Ibid. n. 20.30 His great Bounty to his Brother John To whom he gave the Earldom of Moreton in Normandy the Earldoms of Cornwal Dorset Somerset Notingham Derby and Lancashires with the Castles of Marleburgh and Ludgarshal with their Forests and all Appurtenances The Castles de Pec and Bolsover yet the Duke kept in each County some Castles and Honors He also gave Earl John the Honors of Walingford Tikhil and Haye and likewise the Daughter and Co-Heir of the Earl of Glocester with that Earldom He gave to William Mareschal the Daughter and Heir of Richard Earl of Striguil and with her that Earldom While [9] Ibid. n. 50. The Bishop of Ely's Estate came to him he dying Intestate the King and his Court were at Winchester Geofry Bishop of Ely Died there Intestate the 21st of September and the King seized his Estate which amounted to * This in those Days was accounted a vast Estate 3000 Marks in Silver and 200 Marks in Gold besides his Vessels Jewels and Gold At that time he caused his Bishops Earls and Barons to look into his Fathers [1] Ibid. f. 374. a. lin 1. His Fathers Treasure of great value Treasuries where they found great Sums which according to Tale and Weight much exceeded 100000 Marks [2] F. 152. n. 40. Winchester then was the Kings Treasury He makes choice of Ships for his Expedition into the Holy Land Mat. Paris says there were found above 900000 Pounds in Gold and Silver besides Vtensis Jewels and Precious Stones Having taken an Account of his Fathers Treasure he sent his Officers and Bayliffs to all the Sea-Ports in England Normandy Poictou and his other Dominions to make Choice of the Ships of greatest Burthen and caused them to be Victualled Armed and Furnished for his Expedition into the Holy Land according to his Agreement with [3] See here f. 348. F. the King of France From Winchester he came to London and there was [4] Hoved. f. 374. a n. 10.20 His Magnificent Coronation Crowned at Westminster on the Third of September by Baldwin Archbishop of Canterbury It was a Magnificent and Splendid Coronation in the presence of the Bishops Earls Barons and Great Men of the Kingdom a Narrative whereof the Reader may find in Hoveden and Matthew [5] F. 153. n. 10 20 30. c. Paris who related it from him also in Iohn Brompton who * Col. 1157.1158 1159. transcribed it verbatim from Paris and may find it Translated in Mr. Sandford's Genealogical History of the Kings of England Fol. 74. At his Coronation he [6] Hoved. ut supra n. 50. His Coronation Oath Sware he would keep Peace Honour and Reverence to God Holy Church and the Clergy all Days of his Life Juravit quod
those Castles as were faithful or well affected and would keep their Oaths And then he firmly Commands That the English Church should be free That all men or Feudataries of the Kingdom or Secular Goverment should have and hold all the Liberties Laws and Customes conteined in the Charters Well and in Peace Freely and Quietly fully and wholly to them and their Heirs of him and his Heirs in all things and places for ever And he and the Barons Swore to the Observation of them of all these matters without fraud or Deceit and this Grant was Signed with his own hand in the Meadow between Stanes and Windsor on the same day the Great Charter and Charter of the Forest were Granted and Confirmed That is on the 15th of June in the 17th year of his Reign The five and twenty [9] Mat. Paris f. 262. n. 10. The names of the twenty five Barons Elected Barons were these The Earl of Clare the Earl of Albemarle the Earl of Glocester the Earl of Winchester the Earl of Hereford Earl Roger of Norfolk and Suffolk Earl Robert of Oxford the Earl Marshal the Younger or William Marshal the Younger Robert Fitz-Walter Senior Gilbert de Clare Eustachius de Vescy Hugo Bigod Willielmus de Munbray alias Mowbray the Mayor of London Gilbert de La-Val Robert de Ros the Constable of Chester Richard de Perci Iohn Fitz-Robert William Malet Geofrey de Say Roger de Munbray William de Huntingfield Richard de Munfichet William de Albeney [1] Ibid. They Swear to Compel the King to keep the Peace and agreement These five and Twenty Barons Swore by the Kings order Isti viginti quinque Barones Juraverunt Rege hoc Disponente That in every Instance they would obey their Orders and Directions and would Compel the King if perchance he should Repent him of these things On the 18th of June the [2] Append. n. 117. A. D. 1215. 17 Johan Regis same year the King by his Writ Dated at Runemed Directed to Stephan Harengod let him know That a firm Peace was there made between him and his Barons inter nos Barones nostros on Fryday next after the Feast of Holy Trinity so as he had received their Homages and therefore Commanded him to do no injury to his Barons or others by Reason of the Discord between them And further Commanded him that so much of the Fines and Penalties set by reason of that Discord which remained unpaid should not be Levid and if any thing had been taken after that Fryday it was to be restored He was also to release all Prisoners and Hostages taken and deteined by reason of the War On the 19th of the same Month [3] Append. n. 118. He gives notice to all Sherifs and other Officers of the Peace and Commands them to cause all within their Jurisdiction to Swear to be obedient to the 25 Barons He also Commanded 12 Knights to be chosen in every County to inquire of Evil Customs c. by his Writ dated at the same place he signifyed to all Sheriffs Foresters Wareners Keepers of Rivers and his other Bayliffs or Officers That there was a firm Peace made between him the Barons and Free-men of his Kingdom inter nos Barones liberos homines Regni nostri as appeared by his Charter which he Commanded publickly to be read in his Bayliwicks VVilling and streightly Charging the Sherif That he should cause all of his Bayliwic according to the form of the Charter to Swear to the five and twenty Barons or their Attorneys constituted by their Letters Patents at such Day and time as they should appoint and also VVilled and Commanded That Twelve Knights should be chosen in every County at the next County i. e. County Court which should be holden after the receit of these Letters To inquire of the Evil Customes or Practises of Sherifs and their Ministers of Forests and Foresters Warens and Wareners of Rivers or River-banks and their Keepers or Tribute gatherers towards the Repairs of Bridges and Banks and to extirpate them After this on the 27th of the same Moneth from Winchester he Directs his Writ particularly to the [4] Append. n. 119. Such as refused to Swear to obey the 25 Barons to be imprisoned and to have their Lands and Goods seized Sherif of Warwicshire and the 12 Knights there Elected to Inquire after and root out all Evil Customes and Practises of the Sherifs and their Officers of Forests and Foresters Warens and Wareners Rivers and their Keepers Commanding them That without delay they Seize the Lands Tenements and Chattels of all those in the County of Warwic which refused to Swear to the twenty five Barons or their Attorneys and to detein them until they did Swear And this was Established by the Arch-Bishop of Canturbury and Barons of this Kingdom And as he had been forced to these things so he for the performance of them was Compelled to Engage and put into their possession the [5] Append. n. 120. The King gives Caution for the observation of such tâ—ings as the 25 Barons exacted of him City and Tower of London and Covenant with Robert Fitz-Walter Marshal of the Army of God and of Holy Churâ—h in England Richard Earl of Clare Geofrey Earl of Essex and Glocester Roger Bigod Earl of Norfolke and Suffolke Saher Earl of Winâ—hester Robert Earl of Oxford H. Earl of Hereford and the Barons following William Marshal the younger Eustace de Vescy William de Mobray Iohn Fitz-Robert Roger de Mont-Begon William de Lanvalay and other Earls and Barons and Freemen of the whole Kingdom That they should hold the City of London of the Livery of the King until the 15th of August that year saving to him his Farms Rents and Clear Debts And that the Archbishop of Canturbury should hold the Tower in like Manner for the same Term Saving to the City 't is Liberties and Free Customs and saving to every one his right in the Guard of the Tower of London and so as the King should not put in Ammunition or New Forces into the City or Tower in the mean time And further that within the said Term Oaths should be made through all England to the 25 Barons or their Attorneys according to the Writs for Choosing Twelve Knights in every County to Destroy evil Customes c. And also that all things which the Earls Barons and other Free Men do require of the King which he says ought to be restored or which ought by the Judgment of the Twenty Five Barons or Greater Part of them to be restored shall be restored and if these things were done or the King hindered not the Doing of them within the said Term then the City and Tower of London were to be Re-delivered to him c. And if they were not done or the King hindered the doing of them then the Barons should hold the City and the Archbishop the Tower until the Covenants were performed and
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
King Edward had 40 Acres of Land and one Bordar and three Acres of Meâ—dow which were always accounted one Carucate or there was always one Plough imployed In Gersinga [2] Ibidem octo liberi homines Algari Commendati tantum de 60 Acr. Terr semper quatuor Bordar c. In Gersinge eight Freemen who were only under the Protection of Algar had sixty Acres of Land there were always foâ—r Bordars c. And such as these were the Ordinary Freemen of this County wherever they are found in this Survey and their Quality the same though 't is not to be doubted but their Condition was harder after the Conquest than before when they changed their Patrons In Suffolk there were also many Freeman like these few or no Socmen Sudfulc [3] Ibid. f. 339. b. Terra Roger. Comitis Hundrede de Colenese WAletunam Tenuit Normannus Tempore Regis Edwardi modo Tenet sub Rogero Bigot c. In eadem villa xviii liberi homines Commendati Godricus faber Edricus Ulnotus c. de Lxxx Acr. Terrae subtus eos vi Bordar semper inter eos iii Car. 1 Acr. Prati valent xxx Sol. c. Norman held Walton in the Time of King Edward and now holds it of Roger Bigot c. In the same Town there are 18 Freemen under Protection Godric probably a Smith or Carpenter Edric and Ulnot and so all the 18 named in the Survey who held Eighty Acres of Land and had under them 6 Bordars amongst them they had three Carucates and one Acre of Meadow they pay thirty shillings In Maistuna [4] Ibidem Tenuit Idem Normannus T. R. E. vi liberos homines Commendati de C. Acr. Edricus Burthricus Wulbaldus Aluricus Almarus Wulricus 1 villan de quatuor Acr. quatuor Bordar semper inter eos quatuor Acr. ii Acr. Prat. val xx Sol. In Maston the same Norman held in the time of King Edward six Freemen under his Protection who had an hundred Acres Edric and Burthric Wulbald Aluric Almar and Wulric and one Villain who had four Acres and four Bordars who always held amongst them four Acres and two Acres of Meadow and 20 s. In Burch [5] Ibid. f. 340. a. tenuit Idem Normannus T. R. E. xvi liberos homines Commendatos de 1. Car. Terr vi Bordar pertinentes ad Waletunam quatuor Caruc inter eos ii Acr. Prat. val xl Sol. In Burch the same Norman held in the Time of King Edward sixteen Freemen under his Protection all particularly named in the Survey who had one Carucate of Land and six Bordars belonging appending or regardant to the Maner of Waletun they had four Carucates or Ploughs between them and two Acres of Meadow and paid xl Shillings In Alteinestuna [6] Ibid. f. 341. a. duo liberi homines xi Acr. Turbinus Ulvinus valent xxii d. 1 Ecclesia v Acr. * Terr Liber val xvi d. In Altenston two Freemen held eleven Acres Turlin and Ulvin who paid 22 d. there was a Church and five Acres of Free Land which paid xvi d. And so in many other Towns there are the like Entries of one two three four or five Freemen And at last 't is said Omnes isti sunt [7] Ibid. liberi homines R. Bigâ—t Normannus tenet eos de eo All these are the Freemen of Roger Bigot and Norman holds them of him Terra [8] Ibid. f. 406. b. Hugonis de Montesorti Hundret de Carleford IN Bischelea tres liberi homines in Dominio Gudmundi T.R.E. In Bischeley there were three Freemen in the time of King Edward under the Dominion or power of Gudmund or in his Demeasn which is all one In [9] Ibid. Burgo 1 liber homo comendat dimid Sanct. E. i. e. Etheldredae T. R. E. dimid Antecessor Roberti Malet In Burg there was one Freeman half under the Protection of St. Audrey that is the Church of Ely in the time of King Edward and half under the Patronage of the Antecessor of Robert Malet In eadem 1 liber homo commendat dimid Sancti E. dimid Edrici In the same Town there was one Freeman who paid half the money for his Protection to Saint Aurdrey or the Church of Ely and the other half to Edric Sudfulc [1] Ibid. f. 287. a. Sanfort Hund. dimid TEtra Regis quam Aluricus Want Custodit he was the Kings Prepositus or Reeve and managed it for him Bercolt tenuit Heroldus T.R.E. xiii Car. Terr pro Manerio Tunc xlii Vill. modo xliii Tunc v. Bordar modo xxii tunc vi servi modo quatuor Tunc post tres Car. in Dominio modo ii Tunc xx Car. hominum post modo x. duodecim acr Prati Silv. M. porcor semper 1. Molin semper 1. Runcin x. animal xxviii por Lxxxv. ov xxvi Capr. Huic Manerio pertinet 1. Berwita Sceveleia ii Car. terr T. R. E. Tunc x vil post modo vi semper vii Bordar Tunc iiii serv modo ii Tunc ii Car in Dominio post modo 1. Tunc viii Car. homin post modo * Because they lay waste or they had not Tenant could set up so many Ploughs iiii xvi Acr. Prati 1 Molin semper 1. runcin iiii animal vii Por. xxiii ov Beâ—leiam tenuit comes Guert. T. R. E. post eam adjunit * Ralph de Guader whose Story is to be found in the Life of William the 1st comes Rud. stalra huic Manerio pro Berwita T. R. Willielmi pro ii carucat Terr tunc xix Villi modo xiiii semper tres Bord. tunc iiii serv tunc ii car in Dominio post modo 1. tunc viii car hom post modo 1. Et viii car possunt in Dominium * Nota. Quia Villani Villanos restaurari viii Acr. Prati silv xxii por viii animal viii por xlii ov val vi d. Scoteleiam tenuit comes Guert * They were two Carucates and half in Edward the Coâ—fessors xii car dimid 1. acr val * time but at the time of the Survey lay Wast and worth but two pence ii d. pro 1 Manerio T. R. E. Tunc xii Villani modo sex semper ii Bord. Tunc iiii serv modo 1. Tunc 11 Car. in Dominio post modo 1. Tunc iiii Car. hom post modo 1. iiii car possunt restaurari iiii acr Prati et 1. Runcin et xl ov Huic Manerio pertinebant T.R.E. CCx. Sockman modo non sunt nisi Cxix et habent xxii car Terrae et dimid xxx acr Minus et xlii Bord. Tunc xxix car modo xxvii et xxiiii acr et dimid Prati duae Ecclesiae de lxii acr de his hominibus qui huic Manerio remansi sunt non habuit Heroldus etiam Commendationem
Maner that is a Seat or place of abode in the time King Edward Then it was one Carucate now nothing and 1 Acre of Meadow In the same six Freemen under the Protection of * These were Subcomendats being under the protection of one that was protected himself Alviet held xiii Acres which were always half a Carucate Then they paid twenty Shillings now twelve In the same Town Ringulf a Freeman had Thirty Acres for a Maner he was the Client or under the Protection of Alsi Nephew or Grandchild to Earl Ralph Then it was one Carucate now nothing Of this Land suppose of the Town Lewin the Son of Ringulf had iii Carucates and the 4th part of the Wood In the same four Freemen under the Protection of * These were also Subcommendats who were protected at the second hand Ringulf who had x Acres and half a Carucate and iv Acres of Meadow and x Hogs Then it paid 20 s. now ten In the same Beso a Freeman Protected by Alsi had xvi Acres Then and afterward one Carucate now nothing it did pay six shillings and eight pence Of this Land the Predecessor of Alberic de * He was Ancestor of the Earls of Oxford Ver had five Acres The King and the Earl had the Soke of the whole In the same Town one Freeman called Soribes who had vi Acres he was under the Protection of Ulvene and paid xii d. In the same Chipinc a Freeman under the Protection of Ulwin the Predecessor of Alberic de Ver and in the Soke of his twelve Carucates and he held more 1 Acre and the fourth part of another of the Lordship of Ulwin now the Mother of Robert Malet holds the whole and it pays 2 s. The King and Earl of all the Soke of the other that is of Soribes In Cotton Ansger a Freeman under the Protection of Lewin of Backton held thirty Acres for a Maner in the time of King Edward Then 1 Carucate now half a Carucate and 1 Acre of Meadow Wood for vi Hogs And there were three Freemen under Protection that held Sixty Acres and half a Carucate and paid ten shillings The King and Earl have the Soc. In the same Teit half under the protection of Edric the * Praepâ—situs Regis Kings Reeve and half under the Protection of the Predecessor of Malet held viii Acres always half a Carucate and paid 4 s. The Soc was the Kings and Earls In little Thornham eight Freemen had twenty eight Acres and were under the protection of Ulvene then they had two Carucates now one and half and paid 5 s. In the same two Freemen one of them was under the protection of Ulvene and the other was protected by one who was protected by the Predecessor of Malet and was half under his protection they had xv Acres always 1 Carucate or always they implyed one Plough Then it was worth 3 s. 4 d. now 5 s. Here we see the Condition of the ordinary Freemen within these three Counties and there were more here than in all the Counties in England And besides Owners of Towns and Lords of Manors there were no other Land-holders or Inhabitants but these and Socmen if these were not the same and Villans Bordars or Cottars and Servants in the Country But for greater Demonstration of Matter of Fact I shall briefly pass through them all Chenth [5] Great Domesday Book f. 2. b. col 1. Terra Regis In dimid Lest de Sudtone in Achestane Hund. REx Willielmus tenet Tarentefort pro uno solino dimid se defendit * That is Arable which is always called Terra in this Survey Terra est xl Caruc In Dominio sunt ii Caruc cxlii Villani cum x Bordar Habent Liii Caruc ibi sunt iii Servi 1 Molend c. King William holds Tarentfort it is Taxed at one * Probably from the Saxon word Sulk a Plough but what quantity of Land a Solin Swolling or Sulling conteined I cannot find Solin and a half there is forty Carucates of Land in Demeasn ii Carucates and one hundred and forty two Villans with ten Bordars they have fifty three Carucates or perhaps rather fifty three Ploughs with which they Ploughed their own and the Lords Lands There are three Servants and one Mill. Terra [6] Ibid. f. 3 a. Col. â— Archiepiscopi Cantuariensis In Achestan Hund. ARchiepiscopus Cantuariensis tenet in Dominio Tarent pro ii solinis se Defendit In Dominio est una Car. xxii Villani cum vii Cotar habent vii Car. Ibi vi Servi ii Molend de L sol The Arch-Bishop of Canterbury holds Tarent in Demeasn There is in Demeasn one Carucate and xxii Villans with seven Cotars they have seven Carucates or * I am apt to think that this abbreviation Car. or Caruc when it follows Villeni or Bordarii oft signifiâ—s the number of Ploughs they kept and not the Land or quantity of it Ploughs there are vi Servants and two Mills of 50 s. Rent In the whold County of Kent in the Entries of Towns and Maners it is very rare to find any other People than Villans Bordars and Servants who were all in Dominio besides the Lords and Great Possessors Military Men and Religious Sudsex [7] Ibid. f. 1â— a. Col. â— Terra Archiepiscopi Cantuar. in Mellings Hund. ARchiepiscopus Lanfrancus Tenuit Mellinges est in Rape de Pevensel T. R. E. defend se pro quater xx hid sed modo non habet Archiepiscopus nisi lxxv hidas Quia Comes Moretonii habet v hidas extra Hund Terra totius Maner L Car. in Dominio sunt v Car. CC xix Villan cum xxv Bord. habent * Here â— should think Car. signifies Ploughs and not the quantity of Land the quantity of Carucates differed some times a Carucate might be so large as one Plough could not Till and sometimes so small as one Plough might Till two lxxiii Car. xliii Croftos Arch-Bishop Lanfranc held Mellinges c. in the time of King Edward it was taxed for fourscore Hides c. the * That is the Arable Land which is always in this Survey called simply Terra Land of the whole Maner is fifty Carucates There is in Demeasn v Car. and two Hundred nineteen Villans with thirty five Bordars they have seventy three Carucates or Ploughs and forty three Crofts In this whole County few or no others but Villans Bordars and Servants and in Dominio as in Kent So in Sudrie Hantescire and the Isle of With as in Kent and Sussex Villans Bordars and Servants only in Dominio So Berchescire as Sudrie Sudsexe and Hantescire few or no others besides Villans Bordars and Servants in Dominio except owners of Towns Lords of Maners and others that held in Military Service either in Capite or by Mean Tenure and Religious Wiltescire [8] Ibiâ— fol. 6â— a. Col. â— Terra Regis REx
tenet Bromham Comes Haraldus Tenuit pro xx Hid. Geldavit Terra est x Carucat In Dominio sunt x Hid. ibi ii Car. iiii Servi ibi xiiii Villani vi Bordar xxx Cozets cum viii Caruc sometimes Cozets is written Coscez in this County The King holds Bromham Earl Harald held it and it was taxed for xx Hides The Land or Arable Land is ten Carucates In Demeasn x Hides and there are two Carucates four Servants There are fourteen Villans vi Bordars and thirty Cozets with eight Carucates The Persons of these Men were all in Demeasn Rex tenet [9] f. 64. b. Col. 2. Amblesberie Rex E. tenuit nunquam * In Caâ— in the same fol. and Col. thus Cauna nunquam Geldavit ergo nescitur quot hidae sunt ibi Geldavit nec * In Caâ— in the same fol. and Col. thus Cauna nunquam Geldavit ergo nescitur quot hidae sunt ibi Hidata fuit Terra est xl Caruc In Dominio sunt xvi Car. lv Servi ii Coliberti ibi quater xx et v Villani et lvi Bordar habentes xxiii Carucat c. The King possesseth Amblesberie now Amesbury or Ambresbury King Edward possessed it it never was taxed nor cast into Hides the Arable is forty Carucates In Demeasn there are xvi Carucates and fifty five Servants and two Coliberts there fourscore and five Villans and lvi Bordars having twenty three Carucates Terra [1] â— 71. â— Col. 2. Milonis Crispin Wiltâ—scire RAinaldus tenet de * Here Milo was the Tenant in Capâ— and Rainald the Lord of the Manor or Town who held of him Milone Hasberie Levenot tenuit T.R.E. Gold pro v Hidis Terra â—st v Carucat de ea est in Dominio 1 Hid. et ibi ii Car. ii Servi et v Villani et xiii Coscez et ii Cotar cum iii Car. c. Rainald holds of Miles Crispin Hasberie Levenot held it in the time of King Edward and it was taxed for five Hides the Arable is five Carucates of which there is in Demeasn 1 Hide and there are two Carucates or Plough Lands two Servants and five Villans and xiii Coscez and two Cotars with three Carucates that is all these People had amongst them three plough Lands In this Shire were Servants Villans Bordars and often Coscez in stead of Bordars and sometimes Colliberts few or no others except as before excepted in Kent c. the Entries of all the Towns are after this manner Dorsete [2] Ibid. f. 75. a. Col. 2. Terra Regis REx tenet Dorcestre et Fortitone et Sutone et Velingham et Frome Rex E. tenuit Nescitur quod Hidae ibi quia non Geldabat T. R. E. Terra est lvi Car. In Dominio sunt septem Car. et xx Servi et xii Coliberti cxiiii Villani Quater xx et ix Bord. habentes lix Car. c. The King possesseth Dorchester Fortiton or happily now Fordington Sutton Velingham and Frome King Edward held them c. the Arable is fifty six Carucates in Demeasn there are seven and twenty Servants and twelve Coliberts one hundred and thirteen Villans and fourscore and nine Bordars having fifty nine Ploughs c. here the Carucates were large and there was more Ploughs than Plough Lands In this Shire in Dominio Servants Villans Bordars and sometimes Coliberts and sometime Coscez so all the Entries no Socmen or Freemen unless very rarely except as before excepted in other Counties Sumersete [3] Ibid. f. 86. a. Col. 1. Terra Regis REx tenet Sudperet nunquam Geldabat c. In Dominio ii Car. v Servi xxii Coliberti lxiii Villani xv Bordar cum xxvi Car. c. The King possesseth Sudperet c. There are in Demeasn two Carucates and five Servants and xxii Coliberts and lxiii Villans and fifteen Bordars with twenty six Carucates or Ploughs c. In the Entries of this Shire are only to be found Villans Bordars Servants Coscez and Coliberts in Dominio but most frequently Servants Villans and Bordars In Devonshire the Entries are the same in Dominio Servants Villans Bordars and sometimes Coscez in stead of Bordars In Cornwall the same Entries throughout Bordars Villans Servants scarce any others to be found Midelsexe [4] Ibid. f. 129. a. Col. â— Terra Comitis Rogeri COmes Rogerus tenet in Hermodesworde 1 Hid. Terra est 1 Car. ibi est dimid Car. dimid potest fieri Duo Villani tenent hanc Terram x sol valuit valet Hanc tenuit Alwun homo Wigot potuit de ea facere quod voluit modo jacet in Coleham ibi non jacuit T. R. E. Coleham [5] Ibid. pro viii Hid. se Defendit Rogerus Comes tenet Terra vii Car. in Dominio vi Hid. ibi sunt iii Car. Villani habent iii Car. ibi vi Villani quisque de 1 virgat alii quatuor de * Every one half a Virgate ii virgat Presbyter 1 Hid. x Bordar Quisque de v acr iii Cotar viii Servi ibi ii Molini de lx sol dimid Mol. de v sol Prat. iii Car. Pastur ad Pecuniam villae Silva CCCC Porc. 1 * Arpennis sometime is half an Acre sometime an Acre and the Measure differed according to the diversity of Countries Arpenn Vineae in totis valentiis valet viii lib. Quando recepit vi lib. T. R. E. x lib. hoc Manerium Tenuit Wigot de Rege E. Earl Roger holds Hermodworth for one Hide the Arable is 1 Carucate there is half a Carucate and there may be made another half Two Villans hold this Arable and pay ten Shillings Rent Alwun the Man or Tenant of Wigot held this Land and might do with it what he would that is use it as he would now it lies to Coleham where it lay not in the time of King Edward Coleham is taxed for eight Hides Earl Roger holds it the Arable is seven Carucates in Demeasn there are six Hides and there are three Carucates that is in Demeasn The Villans have three Carucates there are six Villans every one hath a Virgate and there are four others that have two Virgates a Priest or the Parson hath 1 Hide There are ten Bordars every one holds five Acres and three Cotars and eight Servants and two Mills rented at sixty one Shillings and half a Mill at five Shillings three Carucates of Meadow or Meadow sufficient to provide for Cattle of three Ploughs Pasture for the Cattle of the Town that is Common Pasture Wood for 400 Hogs half an Acre or an Acre of Vineyard The value of all together is eight Pound when the Earl received it 't was six Pound in the Time of King Edward ten Pound Wigot held this Maner of King Edward All the Entries of Towns and Maners are after this Method in this County seldom if at all any others to be found than Villans Bordars Cotars and Servants
ad Geld. Ibi modo in Dominio ii Car. xxvii Sochmani de ii Car. iii Bovat hujus Terrae viii Villani xx Bordar habentes xiv Caruc In Colingham the Abbat of Peterburgh hath four Carucates of Land which he Rents out There are now in Demeasn two Carucates and twenty seven Socmen that have two Carucates and three Bovates of this Arable and eight Villans and twenty Bordars that have fourteen Carucates In this Shire the Entries of the ordinary Inhabitants throughout are in Dominio Socmen Villans Bordars as in Derby shire The Socmen generally held small parcels of Land as half a Carucate a Bovate c. Roteland scire as Snotingham-scire Eurvic scire In this [6] See Domesday for this Title Shire the Entries are generally as to Persons in Dominio sunt Villans Bordars Sochmen And habet as Rex habet Servants Socmen Villans Bordars seldom any others except as before excepted in Kent Sussex Surrey c. In all Counties of England whose Land soever it was whether it was the Kings Land Church Land or possessed by Earls Barons Knights or other Military and Secular Men in every Town and place these sort of Men were the * Note That whereas 't is said in the Glossary to my Introduction c. That in every Leaf and almost every Entry upon that Leaf in Domesday Socmen and Freemen were to be found it proves a mistake for upon a second and third perusal of the great Book especially the Persons and Inhabitants of Towns and Villages were such as I have here noted in every County Inhabitants and those that occupied used or managed the Land under the Owners of the Towns or Lords of Maners who held of the King immediately or mediately as appears by this Survey or great Record By which it is most evident that most of the Lands in England were holden by Military Service or Serjeanty and in Villanage of those Military Tenants and Tenants in Serjeanty For all these Persons of divers Denominations which afterwards received other and fewer names were but several sorts of Villans as will hereafter appear in the Glossary and held their Lands by Base and Servile Tenures There was at the time of making the Survey no Free Socage if there had it would have been entred as the Land holden in Alodio was for Hidage-sake Nor Frank Free that is Land holden without performance of any Service such as we now call most of our Free-holds unless some small parcels that belonged to some Parish Churches especially in Suffolk which is called Terra libera or Burgage-tenure or the Land holden in Alodio in King Edwards time or afterwards was such of which there is here and there a Town or Maner a Hide or Carucate c. so holden in the Survey I will give one Instance of it Hantescire [7] Domâ—sday f. 50. a. Col. 1. Tainorum Regis ALwi filius Saulf tenet de Rege Tederleg Pater ejus tenuit in Alodio de Rege Edwardo Tunc modo Geld. pro iii Hid. Terra est iv Carucat in Dominio sunt Duae ii Villani et ix Bordar cum ii Caruc ibi ii Molin de xxvii sol et vi d. et xxvi acr prati Silv. de xxx Porc. valuit lx sol modo xl Alwi the Son of Saulf holds Tederley of the King his Father held it as Alodium Frank Fee or Free-land Then and now it was and is taxed for three * Alodium always paid Hidage as other Land See Alodium in in the Glossary to my Introduction f. 1. Hides The Arable Land is four Carucates there are two in Demeasn and two Villans and nine Bordars with other two There are two Mills Rented at 27 s. 6 d. and twenty six Acres of Meadow Wood for thirty Hogs it was worth sixty Shillings now forty This Alwi was one of the Kings ordinary Thanes or Servants and held this Town in Serjeanty which might be consistent enough with the Tenure in Alodio and such Lands are now reputed Free-hold but these were not in the hands of Socmen Villans Bordars Cotars Servants and the like Nor were many of them in their own hands as we may phrase it or in their own Power for such as were in Dominio and in most places it was so were the Lords proper Men wholly under his Power and Disposal both in Body and Goods except Life and Death and were fixed to the Maner so as they could not remove themselves out of the Precincts of it without his leave These sort of Men Ingulph in the Latin Version of King Edreds Charter to the Abbats and Monks of Croyland calls Nativi a word afterwards used with us the worst sort of Villans and Bondmen Et praecipio quod omnes homines Fugitivi quos iidem Monachi Testimonium Quatuor vel quinque hominum fide-dignorum coram vicecomite in Patria in qua tales manent possunt Assidare suos nativos esse reducantur per eundem vicecomitem in Abbathiam eorum cum omnibus catallis sequelis eorum omnium Reclamatione Reluctatione abinde remota annullata And I command that all Fugitives which the Monks and four or five Credible Witnesses can prove were their Natives that is born Bondmen before the Sheriff of the County where such Fugitives are they shall be brought or sent back to the Abby with all their Goods and Children without Let or Hinderance of any Man This Charter bears date in the year 988 and shews the Condition of Bondmen in the Saxon Times and hereafter we shall see what they were after the Conquest when their names were changed as by the Glossary will more at large appear to which I shall refer the Reader for the knowledge of their Condition likewise and how many ways that might be bettered and changed shall be our next Inquiry These Bondmen or People of servile Condition might and did procure the Freedom of their Persons [9] Glanvil lib. 5 c. 5. several ways First by the favour of their Lord or Patron if he released their Bondage for him and his Heirs The first of obteining Freedom or did give or sell him to another to be released But no Bondman could purchase his Liberty with his own Money if he did his Lord might by the Law and Custom of the Land bring him back again into villenage because all his Goods and Chattels were his Lords or so in his Power that with them he could not redeem himself But if a Stranger would Purchase him with his own Money and make him Free then he might for ever defend his Liberty against his Lord and plead his Release by Chart that is his Deed in Writing or by any other way the Law allowed and Tryal by Duel was allowed in this Case after he was a Freeman if any one that saw him made Free would be his Champion and come into Court and assert and prove his Liberty by his Body Yet [1] Ibid.
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
Feoffment were read and [7] Braâ—ton p. 38. a. n. 12. granted before the County or Hundred and there witnessed publicly by Thomas of such a Town John of another Richard of a third Henry of a fourth James of a fifth cum multis aliis with many others that were Suitors at those Courts and they were then many indeed for besides those that were Suitors by Tenure and held Land by Performance of such Services all others that were Resident within the County or Hundred and capable of doing it performed their Suit to the County or Hundred as a [8] Ibid. p. 37. a. n. 8. Service belonging to the King for preserving Peace and Justice When Estates passed thus by the Donor or Feoffor to the Donee or Feoffee and Livery or Delivery was made and Seisin or Possession given in the presence of Tenants of the same Maner or as the Feudal Law calls them Pares Curiae [a] Sir Edward Coke in the Epistle to his Eighth Report says Trial by Juries is an Invincible Argument of the Antiquity of the Common Law to which they are appropriated But if we received the Trial by Juries or Pares Curiae with the Feudal Law we have greater Reason to say the Common Law was either derived from that or received this way of trial from it Liâ— inter Duos Vasallos per Dominum inter Vasallum Dominum per Curiam Parium Disceptanda est per Pares Coram Dominum Juraâ—os A Controversie between two Vassals is to be determined by the Lord by Peers Sworn before him between the Lord and a Vassal by the Court of Peers Hottom in lib. 2. Feud Col. 757. E. Vasallus ob qùodvis Capitale facinus Feudo Mulctatur Sic tamen ut causa priùs Disceptetur Parium Judicio Idem de Feud Discuâ— Col. 886. B. Statuimus ut nullus Miles sine certa convicta Culpa suum Beneficium perdat nisi secundum Consuetudinem Antecessorum nostrorum Judicium Parium suorum Ll. Longobard lib. 3. Tit. 8. l. 4. He that desires to know more of the Affinity between our Antient Law and the Feudal Law let him read Dr. Zouch his Description of the Temporal Law and Judgment according to the Feudal and Norman Customs and in particular for Trials by Juries c. Section the Fifth of the third part Peers of the same Court or of the most Substantial Persons nearest the place then Men were as secure of these Estates as of Copy-holds now And therefore it was That a Writ of Right was anciently directed to the Lord of the Maner of which the Land was holden to do the Demandant Right in his Court as the most ready secure and quick way of Justice for either the Tenants of the Maner knew the Possession whose it was and how obteined whether by Descent or Donation Or it was entred in the Lords Court Rolls or Books from whom and to whom Alienated for the Security of his Free Rent and Relief and the Lord could not lose his Court that is the Trial and Judgment whose Estate it was and whether the Demandant or Possessor had most Right to it if he failed not in doing Justice And in such Case it was removed to the County and if need were from thence to the Kings Court or many times immediately into that But afterward when the Scholastic and Dilatory Method of the Caesarean and Canon Law [9] Flor. Wigorn f. 671. Orderic Vit. f. 919. B. Gervas Act. Pont. Cant. Col. 1665. n. 30. about the years 1139 and 1145. by the incouragement of Arch-bishop Theobald and other Bishops in the Reign of King Stephen was introduced publickly read and mixed with the Practice of the Feudal or National Law with Design to over-rule and Baffle it then all the plainness of it ceased quick Justice was laid aside and all the Inventions Art Delays and Subtilties of the other were introduced by the Canonists and School-men that practised it and became almost as Fine and Subtile as School Divinity it self which then and afterwards was followed as the best Example of Notion Distinction Division and Nicety to all Learned Authors and Writers in every Science This is clear from the Consideration of the Works of Glanville and Bracton who Wrote within an hundred years one of another How Plain Easie Short and Open is the First How Intricate Involved Subtile and Nice the Second How much was the Bulk and Dilatory Practice of the Law within that time increased by Art new Suggestions and Inventions never before thought of The Judges were then most if not all either Clergy-men or Professors of the Caesarean and Canon Law and most frequently advanced by Ecclesiastic Preferments and the Pleaders or Lawyers were Monks who read in their Cells or Monasteries and abroad out of them and explained those Laws until prohibited by several Popes from medling with that Practice and also Secular Affairs I am in a large Field but must leave it and shall conclude this Preface with the Interpretation of some few words used in it and one or two of them in the History Bordarii SEE the History f. 206. E. they were Drudges and performed vile Services which were reserved by the Lord upon a poor little House and a small parcel of Lands and might perhaps be Domestic Works such as Grinding Threshing Drawing Water cutting Wood c. or if they were the same with Cotarii we shall afterward see their particular Services See Spelman in the Word and Due Fresne in the Words Borda Borderia Bordagium Bordelaria a Tenure Antiently very frequent in many parts in France Commendati Commendatio COmmendati were such as lived under the Protection of some Great Man Lord or Patron who undertook to secure their Estates and Persons for which Protection and Security they paid him an Annual Stipend or perfomed some Annual Service Commendatio was the Safeguard or Protection it self and was the same with Tutamen and Salvamentum and many times it signified the Annual Rent paid for such Security and Protection See Du Fresne's Glossary in the Words Besides the Commendati there were Dimidii Commendati according to the Latin of Domesday Book In Cotetuna Tenuit Teit Commendatus Dimidius Edrico praeposito Regis Dimidius Commendatus Antecessori Malet c. Little Domesday Book f. 322. b. This Teit in the time of King Edward had two Protectors Edric the Kings Reeve and the Predecessor of Robert Malet and paid half the Annual Rent for his Protection to one and half to the other And besides these there were Sub-Commendati such as were Commendati under Commendati that is Servants under them or such as had dependance on them and were also under the Protection and Security of their Patrons and Dimidii Sub-Commendati such as in like manner were under the Dimidii Commendati and had two Patrons or Protectors and the same as they had In parvo Thornham ii liberi homines unus eorum fuit Commendatus
Controversie about Investitures inter Regnum Sacerdotium between the Secular and Ecclesiastic Government or between the Emperor Henry the Fourth and Pope Hildebrand otherwise Gregory the Seventh and Pope Paschal the Second let him see William of Malmsbury who lived at the same time f. 60. b. n. 10. f. 61. a. n. 30 c. f. 93. b. n. 40. f. 94 a. b. c. And Jurets Observations upon Ivo Carnotensis his Epistles printed at Paris 1610. p. 740. upon the 233d Epistle and p. 744. upon the 236th Epistle The Decrees and Canons were the foundation of the Popes Provisions and Donations of Bishopricks and Ecclesiastic Livings afterwards in all Nations but especially this Libertas Ecclesiastica THe Right of Investiture was a main part of that which the Clergy called Church-Liberty But by it they understood and contended for a Freedom of their Persons Possessions and Goods from all Secular Power and Jurisdiction as appears by the Canons and Decrees of the Council holden by Boniface Arch-Bishop of Canterbury at Merton A. D. 1258. and confirmed by another holden at London A. D. 1260 or 1261. as may be seen in the Church Story in the Reign of Henry the Third Servi DO every where occur in Domesday Book and no doubt but their Condition was worse than that of the Bordarii See the First part of the Saxon History f. 82. B. and f. 83. and the life of VVilliam the First f. 206. F. These were of four sorts such as sold themselves for a livelyhood Debtors that could not pay their Debts Captives in War or Nativi such as were born Servants or Slaves They wrought at any time and did what their Lords commanded them Their Persons Children and Goods were the Lords they could not marry but with those of equal Condition they could not make their Wills or dispose of their Goods if they had any whatever they got by Labour was the the Lords These Servi perhaps were the same which in the Antient Surveys of Maners were afterwards called operarii who performed all servile and incertain works In the History of Ely p. 210 b. in an Account of Lands and Men deteined from that Monastery which belonged to it in the time of King Edward c. there is this noted amongst the rest Willielmus filius Gorham tenet lxxxvi homines in Meltuna Qui ita proprie sunt Abbati ut quotiescunque praeceperit praepositus Monasterii Debeut arare seminare segetes purgare Colligere vel terere Equosque invenire in omni necessitate Monasterii ire omnem rei Emendationem persolvere si quid de suo voluerint venundare à praeposito licentiam prius debent accipere These were either Servi Servants or the lowest sort of Bordarii or Socmani I take the Persons of Servants to have been always obnoxious to servitude Soca Socmanni Socagium SOca Soc. generally signifies Liberty or Privilege Fleta lib. 1. c. 47. says Soca significat Libertatem Curiae tenentium quam socam appellamus Soke signifies the Liberty of Tenants of a Court And it differs from Saca because that is a Liberty given to any one of holding Pleas and Trying Causes and also of receiving the Mulcts and Forfeitures coming from them within his Soke or Jurisdiction and comes from the Saxon Sace or German Sack a Cause Controversie or Accusation Sometime it signifies a Territory or Precinct in which Saca or Liberty of Court or Trials are exercised Sometimes it signifies a payment Westfelda c. Huic manerio adjacent T. R. E. xxx acr Terrae quas tenebat presbyter in Eleemosyna reddebat Socham i.e. he paid Rent Little Domesday Book f. 4. a. VVritelan c. ibi Dimid Hid. libere tenet 1 Sochman reddens Socam in Manerio ibid. f. 5. a. VVirecestre-scire Terra Episcopi Hund. Owldestan Episcopus habet omnes Redditiones Socharum c. Ad manerium Alvertune pertinet Soca harum Terrarum Newhuse VVesthuse Mannebi VVerlegesbi And nineteen other Farms Berwites or small Villages And then it follows Inter totum sunt ad Geldum quater Viginti quinque Carucat quas possunt arare xlv Caruc ibi fuerunt 116. Sochmani modo VVastum est The Soke of these Lands belongs to the Maner of Alvertun c. in them all there was fourscore and five Carucates which paid Rent which forty five Ploughs might Till There were one hundred and sixteen Socmans now the Maner is wast Great Domesday f. 299. a. Col. Here Soca signified a Rent for using their Land with some Privilege or Liberty In the Description of many Towns at the later End Rex Comes de Toto habent Socam or Soca Regis Comitis The King had two parts and the Earl one of the Annual Rent for liberty of using the Land Sudfulc f. 322. b. In Limberge Clamat Ivo Tallebosc super Regem vi Bovat Terrae Dicunt homines Comitatus quod ipse debet habere terram Rex Socam In Limberge Ivo Tallebosc claims upon the King six Bovates of Land the men of the County say he ought to have the Land and the King the Soke * At the latter end of great Domesday Book Clamores in Nortreding Lincoliae Super Drogonem Clamat Norman de Adreci tres bovatas Terrae In Normanbi dicit VVapentachium quod ipsius debet esse Terra Drogonis Soca Ibid. in VVesttredinge In both these places here was the Land and the Liberty of the Land that it might be used without too strict Impositions and hard services upon it and for this Protection of it there was an Annual Rent paid which was called the Soke In Ristuna iii liberi homines vi acr val xvi d. In his non habuit Baignardus nisi Commendationem Sanctus Benedictus Socam Invasiones in Nordfulc Rogerus Bigot tenet in Plicham x liberos homines de lxxx acr c. de his habuit suus Antecessor Commendationem tantum Stigandus super unum Socam Commendationem super alios Socam Ibid. Hund. Dimid de Fredebruge In Grestuna iv liberi homines xxvi acr Quod tenet idem Rogerus de Rege val iv Sol. in hoc non habuit Antecessor Rogeri nisi Commendationem Rex Comes Socam Ibid. Hundred de VVanelunt In Dersincham 1 lib. homo xii acr val xii d. hoc tenet Petrus Valoniensis de hoc habuit suus Antecessor Commendationem tantum Stigandus Socam Ibid. Here I confess I am in the dark for 't is clear Commendation and Soke are two different things referred to the same thing and yet they both signifie Privilege and Protection for which those that received them paid an Annual Stipend or Rent Stanford Burgum Regis c. In his Custodiis c. sunt lxxvii mansiones Sochemanor qui habent Terras suas in Dominio qui petunt Dominos ubi volunt Super quos Rex nihil habet nisi Emendationem forisfacturae eorum et heriet et Theloneum
was let out to Country-Men or Villagers aegder of Thegnes inland ge of Neatland either of the Lords or Thanes Inland or Demeasnes or the Country-Mans Villagers or Villans Land Gafolland Neatland and Vtland as Mr. [8.] Gavelk p. 14.115 Spelm. Gloss in verbo Somner truly informs us were opposed to Inland or Demeasne Lands and were Lands granted out for Rent or Service or both and reducible to Folkland and 't is very probable they were the same or of the same nature for that in the Laws where they are mentioned it appears they were always occupied by Ceorls Churls Country-men The Names of ordinary People Colons or Clowns by Gebures Boors Rustic's Plough or Husbandmen or by Neates and Geneates Drudges Villanes or Villagers These three Saxon words being almost of the same signification though very different in sound were always applied to the ordinary sort of People called by us Folke at this day [9.] Gavelk ut supra Saxon Lands held by Military-Service Inland he thinks to be the same with Bockland or at least of the same condition or reducible to it Yet besides these Lands there were other Lands also which were holden by Military or Knights-Service called then Feoda or Beneficia Fees or Benefices Such were the feudal-Feudal-Lands of Ealdormen Thanes and less Thanes or as they were afterwards called Valvasors which they had of the King's Gift for personal Attendances Military Services or as Governors of Provinces Counties or Towns for which see Selden's Titles of Honor Part. 2. c. 5. n. 3 4. and that there were such Lands as well in the hands of the Lower sort of the Nobless and Gentlemen as of the greater Noblemen is further clear by undeniable testimony from the Saxon Laws and Doomesday * Legalis Homo or Militaris Homo the Judicious Dugdale thinks Sithesocha signifies Curia libera legalium hominum or Militarium hominum a Court of Military or Legal-Men but perhaps the word may more aptly be translated the Court-Liberty or Jurisdiction of a Sithe Gesithe or Sitheman in such part of a County like our Hundreds where also he had a Military-Power to lead the People out to War as appears by the Saxon-Laws and might be then Captain That yle man haebbe aet thaer Sylh Twegen pel gehorsaede men Ll. Aethelstan c. 16. Every Man for a Plough shall have two well-furnished Horsemen They who were to find these Men had the Land given them for that purpose for 't is not to be thought that a Country-Man that paid any considerable Rent could do it If a (a) A Sithcundman what he was Mr. Somner in his Glossary derives this word from Sith or Gesith Comes vel Socius a Ruler or Governor and Cund Kind as it signifies the condition and quality of any one and Mon Man that is a kind or sort of Comes Governor Judge or Praefect He was esteemed equal to a Thane by the valuation of his Life in Aâ—thelstane's Laws Sithcund-Man refused his Service in the Army or a Military Expedition he Forfeited his Land c. Ll. Inae c. 52. Now we do not read of Land any where forfeited in such case unless it be Feudal Land and such as was given by a great Person Lord or Signior to his Vassal or Feudatarie for the performance of the Military Service agreed on between them Again if any Man was killed fighting in Battel by or in the presence of his Lord or Patron his Heirs succeeded in Lands and Goods without paying an (c) De weris where they are both equally valued at 2000 Thrymsas Thrymsa or Groates Thrymsa not being 3 Shillings as Lambard Interprets it but only a corruption of the Latin Tremissis which often occurs in the German Laws and was the third part of a Shilling or 4 d. Ll. Alaman Tit. 6. §. 3. Saiga autem est quarta pars Tremissis hoc est denarius unus Tremissis est tertia pars solidi sunt denarii quatuor the Germans sometimes reckoned the values of their Goods by Tremisses optimus bos 5 Tremisses valet medianus 4. Ll. Alaman Tit. 27. and so frequently in the Laws of the West-Goths The Office of a Sithcundman His Office or Place of Trust seems to have been the same or much like that of a Centgrave or Hundredarie for many small Territories or parts of Counties which we now call Hundreds were antiently reteining the Saxon expressions called Sithesocks as the Hundreds of Knightlowe Kineton and Hemlingford in Warwickshire were 16 Hen. Secundi called Sithesocha de Cnutchlelawa Sithesocha de Chinton Sithesocha de Humliford Dugdale's Antiq. Warwickshire fol. 2. col 2. fol. 297. col 1. fol. 636. col 1. Soke being interpreted a Court Liberty or Jurisdiction where Pleas were holden and Sithe Gesithe Sitheman See Lageman in Glossar or Sithcundman Heregeat or Heriot Ll. Canut c. 75. which word Heregate or Heriot Brompton expounds by Relevatio a Reliefe col 931. and so likewise it is turned in Edward the Confessor's Laws where we have this very Law cap. 35. Tit. de Heretochiis And these Heregeats Heriot and Reliefe the same or Hereots Ll. Canut c. 69. were certain Arguments of Feudal Lands or Tenures in Military or Knights-Service They being due to the Lord or Patron upon the death of his Vassal and besides Horses and Money consisted in certain Warlike Instruments and Furniture given up and brought into the Lords Armory there to remain for his use and defence when there was occasion An Earls Heriot The Earls Heregeat was 8 Horses 4 Sadled 4 Vnsadled 4 Helmets 4 Coates of Maile 8 Spears as many Sheilds 4 Swords and 200 Marks in Gold which payment in Money I take to be the Reliefe rather for the Earldom that differing from the Heriot or Heregeat as Sir Hen. Spelman Mr. Somner and others do in their Interpretation of those words tell us The Heregeates or Military preparations of the King's Thanes or Barons Middle Thanes and Lower Thanes all Military Men of inferior degrees follow in proportionable order for which see the Law above-mention'd From these we proceed to the Laws of Edward the Confessor in which if their Credit be as great as their Fame the Tenures by Knights or Military-Service is fully and clearly set forth and described Ll. 35. Tit. De Greve All Freemen of the whole Kingdom according to their Estates Goods and Possessions and according to their Fees and Tenements ought to have Arms and keep them ready for the defence of the Kingdom and Service of their Lords as the King shall command And Moreover Birtrick the Rich Saxons Will A Rich Saxon gave Money to have his Will confirmed In a Rebellion of Earl Godwin and his Sons against the same King he and his Son Harold were commanded Servitium Militum quos habebant in Anglia Regi contradere To deliver up or pass over to the King all their Military or Knights-Services they had in England Malmâ— fol. 46.
Liberty or Freedom as whether he was a Free-man or not or when the Controversie was concerning an Inheritance in all other cases the Earl or Comes distrained them and the proceeding was by * The word Distringere in the old German Law is used as in ours to force men to appear in Court or give satisfaction by taking a Distress Distringas from the Comes after Summons a method used this day in many if not all of our County and Hundred Courts in this Nation and if after the second Summons they appeared not all their Goods were seized Ll. Longob lib. 2. Tit. 43. c. 2.4 Ll. Boioar. Tit. 6. Also qui ad Mallum legibus mannitus fuerit non venerit si eum Sunnis (i) Sunnis an impediment or excuse hence the Barbarous Latin Exonia and the French Essoin and from them it came into our Law and in casting and pleading Essoins a great part of the Art of our old Law was contained non detinuerit sol 15. culpabilis judicetur c. If any man according to Law was summoned to the Mall and came not if he had no excuse or impediment he was punished fifteen shillings so the second and so the third time the fourth time he was in contempt and his Possessions were seized until he appeared and gave satisfaction in the matter for which he was summoned and if he had no propriety of his own his Fee if he had one was seized The first Summons was upon a weeks notice the second a fourteenights the third three weeks and the fourth 42 nights or six weeks The Summons was thus made he that summoneth another man went to his House with Witnesses How Summons were made and summoned him in his own Person but if he found him not he gave his Wife notice or any of his Family that they should tell him he was summoned which was sufficient Ll. Salic Tit. 1. § 3. and in many other Laws 't is probable the Comes made his Summons by a Writ or short writing in manner of a Citation a Form of which is extant in Marculphs formulae n. 116. As to the English Saxons Mr. Lambard [5.] Arch. p. 64 65. thinks their proceeding in Judgment was de plano and without Solemnity they used for ought he could observe not to call the parties by writ or writing but sent for them by certain Messengers or Ministers such as we from the Normans call Serjeants from the Latin Serviens a Servant and if they did use any Writs 't is strange the Forms of some of them should not be found in the Leigers or Books of some of our old Monasteries or in some of our old Historians Yet one there is in Spelm. Gloss cited out of the Book of Ramsey in Hardy-Cnute's time about 1041. A possessionary Writ to the Burgers of Thetford by which he willed and commanded that Aethelstane Abbat of Ramesey should have his House or Farm in Thetford in Norfolk as fully and freely c. But this seems to be of a later date and made after the Norman mode by the stile of it and put in here to secure the Title Though we have no clear examples of the Process and Judgments here in the English Saxon times yet we find some very antient amongst the Germans by which we may receive some light perhaps how they proceeded in this Nation [6.] Appendix The Form of a Judgment in old Germany One Hrothelm comes to the publick Mall for the hearing of all Causes holden by Humfrid Earl of Rhaetia in his Court in the Fields the Seventh year of the Empire of Charles the Great Anno Dom. 807. or there abouts complains to the Comes and claims a House unjustly with-held from him The Earl calling together the Witnesses which were of the very Country where the House was and charged them upon their Oath that they should speak the truth what they knew in that cause And they said they knew the bounds of the House and the ground that one Mado had bordering upon it and they set out the bounds of the Houses and Land what belonged to Hrothelm and what to Mado then he commanded them to go upon the place and shew the bounds which they did and fixed the bounds between the two dwellings as they had said and the Earl directed many Nobles there present to go with them This being done the Comes asked the Scabins what they would Judge in that Cause and they said according to the Testimony of those men and his Inquisition and Judgment was given accordingly These are the Names of the Witnesses or Jurors Valeriano Burgolfo Vrsone Stefano Majornio Valerio Leontio Victore Maurestone Frontiano Florentio Siptone Valentiano Quintello Stradaris These are the Names of the Scabins Flavino Orcisino Odmaro Alexandro Eusebio Maurentio and very many others N. 1 2 3 4 5. in append See the Judgment its self in barbarous provincial Latin And that these Testes were the same we call Jurors or Jury-men is evident from the Laws of the Longob lib. 2. Tit. 51. de Testibus The best persons in every Territory or City against which there was no Crime Testes and Jurors the same In pago vel civitate What sort of men the Testes were to be were to be Witnesses c. 3. The Comes or Judges were to admit none of ill Fame in their Country to be Witnesses c. 7. Witnesses not to be of any other County nisi de illo comitatu where the things in Controversie were because it was presumed none could know better the State and Condition of a man whether Free or a Slave or the Possession of any man better than their neighbours such as were nearest them c. 11. Such Free-men only as had a Propriety of their own were admitted to be Witnesses and not Tenents or such as resided upon their Lords Lands and had no Propriety of their own yet such might be Conjurators of other Free-men because they were Free-men c. 15. Capit. Car. Ludov. lib. 5. c. 150. Now let any man consider these qualifications of their Witnesses and he must think them the same with our ancient Jurors or Jury-men in England for Witnesses in private Causes between man and man could not be capable of these circumstances and that in all probability Jurors were used all old Germany over before we had them here And also that the twelve Thanes mentioned in King Edgar's Law were Scabins inferior Judges and Assessors with the Aldermen and not Jurors Somewhat like our Justices of Peace at our Assizes Before the Conquest and at the time of making the Survey on Doomesday-books the Jurors here were also called Witnesses Ll. Canut polit c. 76. he that hath defended or secured his Land by the Testimony or witness of the County be Scire Gewitness and in Doomesday the Verdict of the Jury is often called the Testimony or witness of the County or Hundred Clamores de Eurwicscire North Treding homines qui
Juraverunt Testantur quod Terr Haward in Eurwicscire tenuit Ws. Mallet c. de omni Terrâ Asae testantur quod Roberti Mallet debet esse Clamores in North Tredinge Lincolniae Testatur Wapentach totus comitatus quod Episcopus Dunelm debet habere c. Norff. Terra Sanctae Aldred Hundr dimid de Clatsclosa in Photesthorpâ sed totus Hundredus Testatur eam fuisse T. E. R. ad Sanctam Adeldred Hantescire Andov Hundr in And. hoc Testatur Hundr So in Doomesday evere where the Hundred witnesseth or testifieth this the Wapentach witnesseth or testifieth this or the County witnesseth or testifies this or that which were no more than the Juries or men of the Hundred or County that were summoned sworn and gave in before the Commissioners that took them the Particulars of the Survey And of such indeed Witnesses did our Juries consist sometime after the Conquest for in Glanvills time [7.] Glanv l. 2. c. 17. none were admitted to be of a Jury that knew not the truth of the thing in question and by their own proper view or sight and hearing had had knowledge of it Few Laws in these elder times Few Laws in elder times about Lands and Possessions concerning Lands either here or in Germany as I noted before and the reason was that most part of the Lands being then Beneficia or Fees held in Military-Service they were held and governed by such Customs and unwritten Laws as were not any where published except in one or two fragments And all other Rights concerning them were only handled in their Lords private Courts Above all these Courts the King had his Court Ll. Edgar human c. 2. Ll. polit Canut c. 16. where no man might Appeal unless he could not have Justice done him in the Hundred or County and then it was to him both a Court of Law and Equity An Appeal to the Kings Court when Justice could not be done other where if he could not have right at home or if that right were too heavy for him then let him seek to the King for ease to the King himself that he might have the rigor of the Law mitigated by the Conscience of the Prince the same Law and the same Court and Power of the Prince was amongst the old Germans Capit. Car. lib. 5. c. 14. c. 141. Charts and Donations signed in publick Malls and Conventions See Chirographum Testamentum Chartae pariculae vel pariles Chartae indentatae Indentuâ—ae In use in old Germany and old France before known in England Mabâ—llon dere Diplomatica lib. 1. c. 2. In their publick Malls their Charts of the Sales of their Estates Donations and Traditions so they called some Donations and Sales to Religious Houses and Monasteries were confirmed See Chartae Antiquae in Antiquitat Alaman Tom. secundo parte prima Antiquitates Fuldenses lib. 1. where are many Instances to be found amongst those Charters and Traditions or as we may call them Deeds and Conveyances See Vadianus Tom. 3. fol. 44 71. Antiqu. Alaman by Godalst who says the consent of the Comes was required to all Donations to Monasteries lest such Lands might be given them as paid Rent to the Prince and by that means his Revenue might be injured And conveyances of Land in our English Saxon times [8.] Somners Gaves p. 87. Conveyances of Land entered in the Shire-book They also and Mortgages Recorded in the Hundred were entered in the Shire-book or Recorded in the Hundred perhaps for the better Security of their Estates And their Morgages likewise or how should the Hundred or County present before the Commissioners for making the Conquerors Survey that such and such Lands were morgaged and the Sum for which they were engaged Terra invadiata with the Sum for how much and to whom expressed which I have seen in Doomesday more than once but do not remember the places and that it was so here after the Conquest it not only appears by what Bracton says fol. 38. n. 12. but it is evident also from the Witnesses to our antient Deeds which were commonly the best men in the Country and living in divers Towns and Places somewhat remote as John of such a Town Thomas of another and Richard of a third c. who 't is probable did not meet to be witnesses to a Conveyance of an Acre or two or some small parcels of Land but they being Suitors to the County or Hundred Courts and bound to attendance there those Deeds or Charts were brought thither and witnessed in open Court As there was an agreeableness in their Laws and Courts The German Judges and Officers like to the English Saxon Officers so was there a likeness in their Judges and chief Officers Comes in the Latin version of the German Laws and Aldermannus in the English Saxon was the general word by which they expressed their Judges or at least those which were Counts and Aldermen were also Judges and under one Name executed two Offices one of a Governour of a County Shire or Province the other of a Judge of the same our old Latin Historians translate the Saxon Ealderman by Regulus Subregulus Patricius Princeps Dux Comes and Consul and it was expressed by every of these Latin words according to the way of those times Seld. Tit. Hon. fol. 502. Aldermannus a general word for many Officers The Shirereve or Earl was called Aldermannus Comitatus The chief Magistrate of a City chief Officer of a Burg or Town and the Constable of a Castle or Castellan was called Aldermannus Civitatis Burgi vel Castelli and the Centenary Hundredary or chief Officer of the Hundred or Wapentach was called Aldermannus Hundredi sive Wapentachii Spelm. Glossar in verb. Aldermannus This word in its signification imports no more than Senior or Elder or as it was corrupted in the Provincial Latin Signior or Seignior which in the [9.] Hottom in verb. Feudal Law signified Lord or Patron who had his Feudataries or Vassals which were obliged to him by the Donation or Tenure of Fees And it s more than probable that seeing most of the degrees of Nobility and men of Power were expressed by this word Ealderman in the Saxon times that it was much used here in the same sence that Seignior was in Italy Germany and the Roman Provinces for a Lord or Patron and sometimes for a great or Royal Vassal which held immediately of the King or Emperor sometimes for such other Vassals though not of the meanest rank that held of them and sometimes for meer ministerial Officers Which later by our Saxons were often called Thegns or Thanes and by those Names Thegn or Thane what and in the Latin Versions of them by the name of Minister They are often found in the Subscriptions of ancient Charters of the Saxon Kings after the Principes Duces and Comites The chief of which were the Kings [1.] Selâ— Tit. Hon. 〈◊〉 507
Land that came to them or passed by writing or perhaps as we now call it Deed from their Ancestors could not sell or alien it from their Heirs and that for vouching of things sold c. no man's Horse or Ox could be bought or sold without a Voucher Foed Alured Guthrum Ibid. fol. 36. Hundreds and Tithings erected by Alfred that is one then that should take upon him to make good the sale and thing sold according to the Bargain .. This King according to Ingulph first divided the Provinces into (u) Without doubt as to this part of the Division De gestis Aelfâ—ed fol. 284. Ingulph was mistaken for Asser who lived in Aelfred's time mentions Osric Earl of Hamshire and Ethelwolph Earl of Bark-shire under Ethelbert and Eanwulf Earl of Somersetshire under his Father Ethelwolph There are also mentioned as witnesses to a Charter of King Ethelbald's A. D. 716. cited by Ingulphus Egga Earl of Lincoln and Lencitus Earl of Leicester Histor Croyland fol. 485. a. therefore such Divisions were before nevertheless 't is most probable the Partitions of Counties into Hundreds and Tithings were made in his times as appears in the notices Counties those into Hundreds and those again into Decimes or Tithings that every English man living under Law should be within some Hundred or Tithing Edward the Elder A. D. 886. of this see more in the first part of this History He made also a Survey of all the Counties Hundreds and Tithings throughout England and the Roll thereof was called the Roll of Winchester All Counties surveyed by Alfred In his History fol. 516. b. the chief City of the West-Saxon Kingdom because it was kept then out of this Roll and that afterwards made by William the Conqueror in imitation of it but more exact Ingulphus took out the Particulars of the Lands and Tenements belonging to Croyland Abbey Edward his Son called the Elder Edward the Elder A. D. 900. Sax. An. 901. Disturbed by Ethelwald Ibid. 905. Who flies to the Danes in Northumberland and perswades them to invade Mercia because the first succeeded Aelfred less learned but more Potent In the beginning of his Reign he received some disturbance from the pretences of Ethelwald his Uncles Son to the Kingdom who not being able to make good his Cause fled to the Danes in Northumberland and prevailed with them to invade Mercia where Edward marching upon them forced their Army to retreat and wasted all the Country between the (*) This was that Ditch which is called Divels-Ditch upon New-Market-Heath and the Country here mentioned was all that between this Ditch Huntington St. Neots Bedford c. which are seated upon the River Ouse Ditch and Ouse even to the North Fens and not long after both Armies joyned Battel and fought with great loss and slaughter on both sides Duke Sigulf Earl Sigelm Eadwold the Kings Thane Cenwulf the Abbat with many common men A great slaughter of Saxons and Danes were slain on the Saxons part on the Danes part their King Eohric the seditious Ethelwold Brihtsigerus Isop (x) HOLD is a Danish word and signifies a Field-Marshal Knight-Marshal or General Hold Osketel Hold with very many other Commanders and common Soldiers yet by the Story the Danes seemed to have kept the Field what the event of Battel was appears not Ibid. 907. however two years after Edward makes Peace with the Danes The East-Angles and Northumbrians which were now one Nation with them not long after the Danes broke the Peace Ibid. 9 1. and wasted his Countries to whom he gave Battel overthrew them The Danes beaten and killed their King Ecwils persuing this Victory and marching for several years up and down into all parts of his Country he with the assistance of his Sister Elsted Countess Queen of Mercia every where expelled the Danes Malms de gestis reg l. 2. c. 5. Ingulph Hist fol. 595. b. Edward repairs his Towns and Fortresses and places strong Garrisons in them and either built and erected new Towns and Fortresses in all convenient places or repaired the old and placed strong Garrisons in them especially towards the Frontiers by which means he checked the Insolency of the Danes and hindered their Excursion their places of Safety and Retreat added such courage to the Country-men that whereas before they fled from the Danes now they out-braved and contemned them These things raised him to such a Reputation that after the accession of Mercia to his former Territories which he took into his own hands after his Sisters Death Howel Cledanc and Jeothwell Kings of the (y) These were those that inhabited that which is now called Wales who were called North-Britains in respect of those which inhabited Cornwall who were called South-Britains North-Britains and the whole Nation submitted Saxon Annals A. D. 922. The North-Britains or Welsh submit Ibid. A.D. 924. And the Scots Danes and Northumbers Divels-Ditch Hold what and who North-Britains who and desired him for their Lord and Master as did also not long after the King of Scots and all his Nation the Northumbrians the English and Danes and other Northern People Athelstan A. D. 924. with the King of (z) Straecled Welch who De â—cb Scot. l. 6. p. 175 156. Britains which at that time inhabited Calloway in Scotland Buchanan confesseth that the English Army being far inferior to the Danes and the Forces with which the Scots assisted them yet under the conduct of Aethestan who was Edward's General they obtained a great Victory and took from the Scots Cumberland and Westmorland and from the Danes Northumberland but he will not acknowledge the submission of Scotland STRAECLED Wales and his People Straecled This King by the advice of his wise men made several Laws and confirmed the League his Father Aelfrid made with Godrun or Guthrun He confirms the League Alfrid made with Guthrun Lamb. inter Ll. Edward Sen. He makes many Ecclesiastick Laws Col 829. by Agreement of the Great men on both sides and amongst other Articles of the League they enacted many Laws meerly Ecclesiastick which were reputed as part of it these Ecclesiastick Laws are printed in Brompton amongst Aelfrid's Laws as being made then and are more perfect than in Lambard and with others there are Laws for the Payment of Tithes Peter-pence Candle-money c. Edward dying in the year 924. was buried with his Father in the Monastery of Winchester Athelstan Lib. 2. de gest â—eg c. 6. After the death of King Edward his eldest Son Athelstan by a Concubine as 't was reported says Malmsbury was crowned at Kingston upon Thames by Athelmus Archbishop of Canterbury the beginning of whose Reign was disturbed by the Sedition of Alfrid a Noble-man A. D. 924. Perjury punish'd with sudden Death who being apprehended and sent to Rome to purge himself denying the Fact upon Oath fell down suddenly and within three days
with 160 Ships to whom the Traytor Edric joyns himself with forty Ships more against whom Ethelred raises a vast Army but being told it would betray him dismissed it and retired to London His Son Edmund called Ironside with Vctred Duke of Northumberland wasting some Countries whilst Cnute destroyed others Vctred compelled by necessity submitted and gave Hostages notwithstanding which he was slain and Hoic made Earl of Northumberland Edmund returned to London to his Father Ibidem and Cnute was coming toward it with his Fleet Ethelred dies but before he arrived Ethelred died Cnute Edmund Ironside A. D. 1016. In the year 1009. and about the Thirtieth of this King Spelman thinks he called a Council of all his great and wise men at Aenham at the instance of Aelfeage Archbishop of Canterbury and Wulstan Archbishop of York A Council at Aenhâ—m A. D. 1009. Spelm. con fol. 511 c. Ibid. c. 2. c. 6. c. 19. Canons against Priests Marriage wherein many Ecclesiastick and Secular Laws were either made or confirmed among which these three were not very usual That Priests should not Marry it being the Custom then for them to have two or three Wives That (q) Gualdas Cambrensis reports it was the Custom and common Vice of the English in time of Peace to sell their Children and Kinred into Ireland for Slaves although not urged to it by Want or Necessity and the Northumbrians not under pretence of Necessity but for meer Profit were wont to sell Children none should be sold out of their Country especially to a Pagan That Widdows should remain so for twelve months after their Husbands death Other Laws were made for preservation of the Peace correction of false Money and bringing Weights and Measures to a just Rule Against the sale of men c. C. 22. C. 23. Here were also ordained Naval Laws That a Fleet should be ready and equipped every year as soon as might be after Easter for the Defence of the Kingdom If any man did injury to any Ship designed for this Expedition he was to repair the Dammage But if any one destroyed a Ship he was to pay the full value of it and be punished as for Treason or an affront done to the King Plenam Luito Injuriam laesam praeterea majestatem FORGYLDE HIT FVLLICE and CYNING THONNE MVNDBRICE Hoveden A. D. 1016. fol. 219. a. Flor. Wigorn. A. D. 1017. The Bishops Abbats and many of the Nobility elect Cnute their K. and abjure the Saxon Race The Citizens and Nobility at London set up Edmond Ironside Ethelred having finished his Life and miserable Reign the Bishops Abbats and many of the Nobility assembling together or as others being summoned by him meet at London elected Cnute their King and going to Southampton where he then was renounced before him all the Race of Ethelred and sware unto him Fidelity and he also sware to them that in matters both Secular and Religious he would be their faithful Lord but the Nobility which staid at London together with the Citizens chose Edmond called Ironside the eldest Son of Ethelred then living by his first Wife he going with all speed to the West-Saxons was received by them with great Demonstration of Joy In the mean time Cnute coming to London with his Fleet caused a great Cut or Ditch to be made in the South part of Thames and laid up his Ships West of the Bridge compassed the City with a wide and deep Ditch Cnute besiegeth London closely besieged it so as none could pass out or in He quits the Siege Ashdown Battel and often assailed it but was as stoutly repulsed by the Defendents wherefore for that time quitting the Siege and leaving part of his Forces to defend his Ships with the other he swiftly passed into West-Saxony before Edmond had raised an Army who yet with such Forces as he had ready Hibern expug c. 18. It was a common Custom of the English to sell their Children Malms de gest R. R. lib. 1. c. 3. Ibid. l. 2. c. 11. fol. 4â— a. Cnute builds Churches and Monasteries in many places to expiate the Blood spilt there Ibid. l. 2. c. 10. boldly sets upon them and by Gods help puts them to flight Not long after being recruited and receiving more strength he fought the Danes the second or third time some report at (r) A Town in Essex in Rocheford Hundred near Ralegh where Cnute built a Church to expiate the blood spilt there as he did in all other places where he fought building of Churches and Monasteries being then a common way of satisfaction for great Persons for Blood Murther and all manner of wickedness Ashdown or Assingdon others at other places But in the last Battel where-ever it was by the Treachery of Edric who revolted to the Danes with what Forces he could when he saw the Victory inclining to the English Edmund was totally defeated and the flower of the English Nobility cut off Edric's Treachery Huntingd. A. D. 1016. Fol. 208. The flower of the English Nobility destroyed Ibidem here perished noble Duke Ednod Duke Alsric Duke Godwin and the brave Vlfketel Duke of the East-Angles and many more gallant English after this great Victory Cnute took London and the Royal Scepter Edmund with the Remains of his Army marched toward Gloucester where collecting what Force he could he prepared for a new Engagement but the Nobility on both sides terrified with the dreadful slaughter in the last Battel and fearing the Courage as well of Edmund as Cnute perswaded them for avoiding the great Effusion of Blood to decide the Controversie by single (Å¿) Malmsbury says Cnute refused a Duel yet at the Instance of both Armies he was willing the Nation should be divided Combat which they undertook and behaving themselves bravely on both sides in the midst of blows paused a little and then coming to a Parley Cnute and Edmund part the Kingdom Matt. Westm A. D. 1016. f. 205. n. 40. they agreed to part the Kingdom between them Edmund for his share had East-Saxony East-England the City of London and all the Land on the South side of the River Thames and Cnute had all the North parts of England Not long after Edmund died at London Flor. Wigor A. D. 1016. Fol. 618. and was buried at Glastonbury when Cnute commanded all the Bishops Dukes Princes and Chief men of England to meet at London and when they were come together he craftily asked such as were Witnesses to the Agreement Cnute surprizeth the Witnesses to the Agreement between him and Edmund and Division of the Kingdom between them as if he knew nothing of the matter what he and Eadmund discoursed of his Brothers and Sons Whether it should be lawful for his Sons to Reign in the Kingdom of the West-Saxons after him if Eadmund should dye while he was living They said they certainly knew Ibidem that
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-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
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
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
Hist Croyl fol. 515. a. n. 50. Itinerant Justices appointed to which purpose Ingulph who was made Abbot of Croyland [4.] Ib. Lin. 8. 1076. says Nobis itaque in dictis tenementis coram regis ministris calumniam ponentibus dies Juridicus apud Stanordiam datus est quo die cum regis Justiciarius pro negotiis aditurus Knights of the Shire At the time of making of [3.] Tit. Sud-Treding in Lincolia Kesteven ib. and many others Doomesday Book or the general Survey of England and for many years after the Jurors passed their judgment and gave in their Verdict according to Possession For those that were then seized of Lands had no other Title than that they possessed them by the Gift or Permission of the Conqueror as (c) In Doomesday 't is so said frequently by his Seal Mortgages and Sales of Lands Registred in Counties Hundreds c. or by being put into Possession by his Commissioners or some other mediate Lord who claimed from him and then Possession and Right were almost the same thing so that then every man's Right was easily determined Especially when the [4.] Dugd. Origin Jurisd â—ol 27 28 31 93 94. Cook Proem to Report 3. â—omn Gavelkind p. 87. Doomesd Tit. Clamores in Subtredinge Lincoliae c. Ibidem Fines levied in County Courts c. Fines and Corcords many before Justices Itinerant See Counties and Rolls of Assize Conveyances Assurances Morgages Sales c. of Lands were registred and recorded in the Counties and Hundreds where they lay As in the time of the Saxons and the first Norman Kings was usual of which there are many Instances in the Citations in the Margin and many more might be produced Fines also were then often levied and Concords made in the County Court before the Sheriff and other chief Gentlemen of the Country and recorded there as likewise in Court-Barons before the Lord c. Dugd. Origin Jurid fol. 93.94 c. And may be so to this day for Copyholds where the Custom of the Mannor will bear it So that Sir Ed. Cook 's Assertion that * Readings on Stat. de â—in p. 2. Pleas held in Churches and Church-yards Fines cannot be levied without original Writs was not agreeable to the Practice of those antient times Besides set and determinate places in Hundreds and Counties for holding these Pleas they were sometimes held [5.] Sim Dun. c. 35. Gervasius Dorobern col 12 92. in Churches and Church-yards until they were [6.] Spel. concil 2. vol. A. D. 1287. inhibited and from hence may be made out the meaning of that Passage in [2.] Col. 12 91. Gervasius Dorobernensis concerning the South Door or Porch of the Cathedral Church of Canterbury which so much [3.] Praef. ad Authores 10. fol. 42 43 44. perplexed Mr. Selden concerning Pleas ended there that could not be determined in the Hundred County or King's Courts which might be such as were usually defined in that place by the Civil or Imperial Law [4.] Seld. dissert ad Flet. ex Epistolà Pet. Blessensis c. 8. §. 1. f. 52 2. for in the time of Henry the Second c. in the Palace of Thomas Archbishop of Canterbury there was a Colledge of Students in the Cesarean Laws [5.] Ibidem to whom all the knotty Law Questions in the Kingdom were referred for Solution This way of Trial [6.] Glanv l. 2. c. 7. by Assize and the Oaths of twelve good lawful men of the neighborhood by Verdict or Recognition seems to have been introduced or at least brought into more frequent practice in the time of King Henry the Second [7] Ibidem who vouchsafed the great Assize as a Royal Benefit to the People upon Consultation had with his Nobles whereby in tenderness of Life men might decline the doubtful success of Battle and try their right to their free Tenement that way before this way of Trial became frequent and universal Battel Duel and Ordeal were very much used in Criminal and Civil Causes the first to assert the Right and Title to Lands Tenements c. And the latter to purge and acquit men from or condemn them of Crimes of what nature soever but especially such as were hainous or capitol The last of which according to [8.] In his Gloss verb. Ordeal Mr. Somner's account of the word signifies an upright just and indifferent Judgment See the first part of the Saxon Story See Olaus Wormius de monument Danicis lib. 1. cap. 11. de Ordalio This Law or way of Trial was abolished by [2.] Append. n. 9. a. Tryal by Ordeal prohibited Henry the Third in the third year of his Reign with command to his Itinerant Justices through England in regard it was prohibited by the Roman Church that such as had committed Theft Murders Burning and the like Offences to whom belonged the Judgment of Fire and Water should abjure the Realm And those that had committed less Crimes should find Sureties of the Peace and left it to the discretion and Consciences of the Justices for that time to proceed according to this order his Council not having made any certain provision in this Case yet it seems not presently to have been disused for [3.] Spelm. Gloss fol. 435. col 2. on Jan. 7.16 Hen. 3. by Inspeximus the Grant of King John in the Second of his Reign of Ordeal and Duel was amongst other Priviledges confirmed to God and the Church of Holy Trinity in Norwich And very strange it is what [4.] An. Dom. 1085. f. 12. n. 20 Mat. Paris reports of Remigius Bishop of Lincoln that being accused of Treason his Servant purged him by Fire Ordeal by which means he was restored to the King's Favour and the disgrace was wiped off But by Glanvile it should seem that Duel or Combate was much used if not most frequently for the trying of Right before Henry the Second instituted introduced or revived the way of Tryal by grand Assize by [5.] Glanv l. 2. c. 7. Henry the Second introduced or revived the Tryal by twelve men which in tenderness of Life as is said before men might decline that doubtful success of Battel and try their Right that way and for the course of proceeding in obtaining the Right of a Tenement by Duel or Grand Assize Glanvile treats of [6.] Ib. in Tit. cap. 1. them both together although he speaks first of Battel as being most antient In this manner [7.] Ibid. c. 3. after the view of the Land and both Demandant and Tenant appearing in Court the Demandant claimed thus [8.] Ibidem The manner of claiming by Battel in Civil Cases I do demand against B. half a Knights Fee as my Right and Inheritance as the Right of my Father or Grand-Father who was seized in his Demesne as of Fee c. And this I am ready to try by this my Free-man D. And if any ill shall happen unto him as Death
Knights Fee and the Maner of Hwayton with the whole Barony which formerly belonged to Robert de Cramavil by the Service of three Knights Fees he had then also the Honor of Tikhil with sixty Knights Fees and three parts of a Knights Fee belonging to it Dugdales Baronage fol. 107. Tom. 1. Knights Fees or Military Fees which if they were not sufficient for the maintenance of one Soldier For maintenance of their Horse and Arms yet according to the Quantity of Land they injoyed they contributed such a share or performed such Service as was appointed and agreed for half a third or fourth or less part according to the smallness of the Portion of the Fee granted towards the Lords Military Expences [8.] Ibidem Base Tenure a third part he distributed to such as performed all rustick and servile Works repaired his Houses ploughed and sowed his Land reaped his Crop carried it into Barn Threshed it Digged Hedged and took care of his Flocks and Fields The Precincts of this Distribution were governed by such Laws as the Lords imposed and as all their Estates arose from his Beneficence so they depended on his Will Hence so many several Customs Whence several Customs in several Maners in several Maners The Lords House was the Aula Hall or Court and all the Tenents if need required were bound to attend there every three weeks but generally at the Feast of the Annuntiation and St. Michael from whence these Courts kept at those times were called Curiae generales or General Courts These Lords of Maners or small Baronies held either in Capite of the King or most commonly of other great [8.] Grand Cust of Norm c. 34 35 53 and every where in our ancient Lawyers and Historians Barons as of their Honors or Heads of their Baronies by the same Tenures and under the same Forfeitures and these in like manner of the King in Capite for by the [9.] Hot. de â—eud Disp â— 10. 830. D â—hey might â—aighten but not inlarge the Condition of the Fee Ibid. Feudal Law Sub-Fees were to be given and received according to the Laws of the first Institution of the Capital Royal or Great Fees which held immediately of the Prince and therefore as the Inferior or lowest Lords * Charter â—rand Cust c. 53. had their Courts most commonly for adjusting all Matters within the Jurisdiction of their Maners so had those of a middle Rank within their Jurisdictions for such of these inferior Lords or others as held of their Baronies And likewise that Capitol Barons had their Courts within their Jurisdiction in which all or most Matters relating to Lords of Maners ought Suit to the Courts of mean Barons and arising between their Tenents were ordered and decided and they were not only held at the chief Seats of their Honors or Baronies but perhaps all over England where they had any considerable Lands or Possessions as the (f) This Title was Frequent in Normandy for the Seat or head of the Honor Earldom Honor what or Barony See Script Norm 1037 1040. Honor of Richmond Honor of Gloucester and Clare Dutchy of Lancaster And they to the Courts of great Barons on whom they held c. have at this day their several Courts for determining Controversies and Suits within their Jurisdiction of matters of small value Lastly these great Barons were within the [9.] Glan l. 1. c. 3. And the great Barons to the Exchequer or Kings Court Jurisdiction of the Kings Court or Exchequer where all Pleas concerning their Baronies were terminated The Conqueror gave to some of the greatest of his Followers whole Counties and to some two three or more Counties with a great proportion of Lands in them The Lands of England parcelled out and distributed by the Conqueror to others some part or portion of a County as Hundreds or several Maners and Towns in them who sometimes parcelled them out to their Dependents and Friends and they again to theirs till at last though the Saxons most frequently held their own Estates of these new Lords and by new Titles from them some Soldiers and ordinary men had some proportionable shares for their Services though upon hard Conditions possessing them for the most part as Feudataries and according to the Rules of the Feudal Law which as it was the Law for the most part in Normandy as to Possession and Tenure so was it here in England until by the Indulgence of Vsurpers to the great men and of them to the People their Tenents and Followers their Tenures became more easie and were changed into Inheritances both Free and Bond as they did in France upon the Usurpation of [1.] Hottom in Feud Disp col 845. A.B. Et de Serres fol. 120. A. D. 987. The Barons made advantage by setting up Vsurpers â—nd sometimes of their lawful Soveraigns by bearing too hard upon them Hugh Capet the Nobility closing with him on condition their Baronies and Fees might be Hereditary and Patrimonial which before were Arbitrary and injoyed at the Will of the King only The Nobility in those times never lost by advancing Usurpers if they prospered always bargaining with them for some Flowers of their Crown and the bettering their own Condition As appears by the Stories of our Henry the First King Stephen and King John and with their Lawful Soveraigns also who according to their Examples and their own Necessities as things then stood and for their own Security were often forced to comply with the Demands of Holy-Church and the Barons called in to her Assistance though to their own disadvantage and besides this way Lands became â—ree and Hereditary many ways without doubt many Lands became Free and Hereditary or their Services made certain by Compact or Agreement between Tenents and indigent Lords whereby their Lands were manumised the Services released or they were granted to them by Deed or Feofment The Feudal Law might be relaxed by the use of the Canon and Imperial Law and it is not unlikely but that the use of the Canon and imperial Law prevailing here or being promiscuously used with the ordinary Law for a Century or two of years from the time of King Stephen until * Seld. Dissertatio in Fletam c. 8. the Reign of Edward the Third might much relax and abate the Rigor of the Feudal Law and render the Fees less Conditional and far more qualified than they had been formerly and hence the Laws concerning them became more easie and received their several Alterations and Amendments by Flux of time or Acts of great Councils or Parliaments and instead of rigorous Tenures the more soft ones of Fee-Simple in all its kinds and inheritable and qualified Copy-holds were introduced Besides this Tenure of Homage there were also other Tenures in Normandy Tenures in Almoigne in Normandy In Burgage as Per Elemosynam in Franke almoigne as the Church-lands were held Burgage as the Lands in
printed at Paris 1539. there is a * C. 25. Chapter de exercitu Ducis not to be found in the French Print of that year but Du Fresn in his * Tom. 3. col 832. Glossary cites a good part of it from the MSS. Customer in the Chamber of Accounts at Paris Military Service in chief which he made use of in these words Or est vn service que Doit estre fet au Prince en armes se lont la Coustume L'establissement des Fiemens des Villes icest service est accoustume á fere par 40. jours Service of 40. days pour le secours l'aide de la terre de câ—ux qui en tiennent les Fiemens come ce soit fet pour aucun Delivrance pour le profit dâ—l Comun Pâ—eple c. Tous fiefs de * See the Glossary Hauberâ— sont especialment establis pour fair le propre service de la Duchee Ensement de Tous les Countees les Baronees Doivent accomplir ce service a decertes toutes les villes qui ont Communes Si devez scavoir que les sieus de Haubere que sont es Countees es Baronnies qui ne sont pas Establies pour la Duquee de Normandie ne doivent pas de service D'ost fo rs as Seigneurs as quieux il sont soumis Excepte nequedent Larrierban del Prince auquel Trestous grans petits pourtant que il soient Convenables pour armes porter sont tenu sans excusation nulle a fair lui aid profit a tout leur pooir Now there is a Service which ought to be made to the Prince in Arms according to the Custom and Establishments of Fees and of Cities or Burghs and this Service is by Custom performed by * Co. Lit. Sect. 95. forty days for the succor and aid of the Land by such as hold the Fees as it were done for any Deliverance and for the profit of the Commune People c. All Military or Knights Fees were especially established to do the proper Service of the Dutchy and likewise all the Earldoms and Baronies ought to accomplish this Service and all the Cities or Burghs that have Communities it is also to be understood that the Knights Fees which are in the Earldoms and Baronies which are not established for the Dutchy of Normandy nor do owe Service to the Army but to the Lords of whom they are holden except at the Arrierban of the Prince to which all both great and small that are able to bear Arms are bound to come without excuse and to give him aid and assistance with all their Power The Latin Version agrees with this French Text and as it proceeds further The Duke granted to such as held of him Scutage Service of the Tenents there is a Clause exactly agreeable to the antient practice in England The Duke of Normandy granted to such as had performed their Service in the Army forty days Scutage-Service of such as held of them by Military Service Exercitus autem dicitur auxilium illud pecuniale quod concedit Princeps Normanniae facto exercitus per 40 dies servitio Baronibus vel Militibus de illis qui tenent de eis feodis vel de tenentibus suis in Feodo Loricali And so was the Usage of our antient English Kings after the Conquest to grant to such as had personally or by substitute or fine performed their Service in the Army Scutage-Service of such as held of them in Military Tenure Heritages partible and not partible C. 26. 36. Gavelkind Tenure in Military Service and Serjeanty impartible Heritage partible was equally divided amongst all the Sons c. All the Children of one Son were but to have the share of their Father divided amongst them A Father that had many Sons Ibidem Glanvil lib. 7. c. 1. 3. Soccagium divisum could not give one a better Share than the other of his Heritage for if he did notwithstanding his Gift it was to be divided with his other Lands amongst his Sons after his death He could not Give Sell Mortgage or any way put any part of his Heritage into the hand of a Bastard Son but within a year and a day it might be recovered by his Heirs Impediments of Succession were Bastardy profession of Religion C. 27. Impediments of Succession Blood attainted Leprosie c. Lands of a Bastard if he had no issue by a lawful Wife returned to the Lord of the Fee Tenures were by Homage by Parage by Bourgage by Almoign C. 28. What Tenures in Normandy Bordage or Tenure of servile works Tenure of Rent or Rent Charge c. No Tenent by Homage could sell or ingage his Fee C. 29. Tenent by Homage could not sell c. without consent of his Lord unless in some parts there was a Custom to sell or ingage a third part or a less so as there was left enough to pay and perform the Services Faisances and Dignities due to the Lords Parage is when the younger Brothers hold their Share of the Fee of the elder Brother and he of the Lord C. 30. Parage and does the Homage and Service they contributing their Shares So it is called Parage in respect of Parentage in which they are equal not in respect of their Estates C. 31. Bourgage Bourgage is a Tenure according to the Customs and Vsages of Bourghs and may be bought and sold as Moveables without the Assent of the Lord. C. 32. Franc Almoign Tenure in Almoign or Franc Almoign So Lands given in pure Alms to God and such as serve him C. 33 Ward and Marriage A Member of a Military Fee what The Duke of Normandy had the Guard or Wardship and Marriage of all Minors which held of him by Homage by a Fee or a Member of a Military Fee A Member of a Military Fee is the eighth part or any part under as a sixth or seventh not but it might be divided into more but less than an eighth could not have Court and Vsage belonging to it So other Lords of such as held of them by Homage The Duke and other Lords had also Reliefs 15 l. of a Military Fee C. 34. Relief and 100 l. of a Barony upon the death of the Tenents an Earl paid 500 l. C. 35. Three Capital Aids Glanv lib. 9. c. 8. Tenents in Military Service paid three Capital Aids one to make the Lords eldest Son a Knight a second to marry his Daughter a third to redeem their Lord out of Prison C. 39 40 41 c. Glanv l. 1. c. 28. to the end Essoins Essoins or excuses for delaying Suits in Feudal Pleas were de Malo veniendi de Malo lecti per Servitium Ducis de ultra Mare de Privilegio crucis c. The same in England C. 50. Warranty Of Warranty whoever was called to it was bound to secure
Conqueror Domesday or the Conquerors Survey how made and it may not be much out of the course of our History to take notice how it was made and in what method written It was made by (y Mr. Selden gives an Account in his Preface to * Fol. 15. Eadmer from an ancient Manuscript he thinks as old as the Survey it self of the names of the great Men that were Sworn in divers Hundreds in Cambridgeshire and the Isle of Ely which were most Normans The Jurors iâ— Cambridgeshirâ— and Isle of Ely at the making of the Survey and presented the Survey according to the form the King had directed And Comitatus dicit or testatur hundreda vel Wapentachium dicit vel testatur Again homines qui juraverunt the men that were Sworn in this or that County Hundred or Wapentach do witness say and aver so and so concerning divers matters in debate and controversie do often occur in the Survey it self The * [6.] Histor Ellen. penes Domini Gale p. 177. b. In Staplebou Hund. Nich de Chenet Willielmus de Chipenham homo Gaufridi Hugo de Herenluge Warinus de Saham Robertus Anglicus de Fordhom Hordmerus de Bethlingham Alanus de Burwell Alfricus de Sneillewelle Isti homines Juraverunt de isto hundredo In Cestertuna Hund. Juraverunt Roggerus de Cilderlaio Gifard de Draitona Gislebert de Histona Surmi de Cotenâ—am Brunningus de Cestertuna Almer de Coâ—enâ—am Ledmarus de Draitona Aermus de Gilderlaio omnes alii-Franci Argli de hoc Hundredo Juraverunt These two Instances are cited out of the ancient Manuscripts mentioned by Selden Jurors in every Hundred of the County are noted names of the Jurors in some Hundreds mentioned by Mr. Selden exceed not the number of eight or nine in others besides those named all that were fit for the purpose were Sworn Verdict or Presentment of Juries or certain Persons Sworn in every Hundred Wapentach or County before [9.] Ge vas Tilb. lib. 1. b 29. Commissioners who were most discreet Persons and commonly Normans sent from Court Those for [1.] Dugd. Bâ—ron fol. 257. Col. 2. Worcestershire and many other Counties were (z) He was a Monk [7.] Malms de Gest Pontif. f. 165. b. n. 20. in the Abby of Fischampe or Fecampe in Normandy and gave great Assistance unto William in his Expedition into England [8.] Eadmer fol 7. n 1â— for which he made a Bargain with him to be made a Bishop if he overcame Remigius Bishop of Lincoln Walter Giffard [2.] Orderic fol. 522. C. And other Counties Earl of Buckingham (a) He was Son [9.] Ord. Vit. fol. 5â—2 d. of Gualchelin de Ferrariis a Stranger and an Adventurer with the Conqueror and was possessed of 176 Lordships or Maners whereof in [1.] Domesd in com Darby Darbyshire 114 as before was noted Hen de Ferriers Earl of Darby and (b) This [2.] Monast Angl. vol. 2. fol 889. n. 50 60.4 ibid. 900. n. 20. Adam third Son of Hubert de Rie Adam who had given him great Possessions in Kent was third Son to Hubert de Rie a trusty Servant to William when Duke of Normandy and employed by him to Edward the Confessor in the business of declaring him his Successor to the Crown of England c. Eudo being his fourth Son Adam Brother unto Eudo Steward of the Houshold or Sewar to the King who enquired into and described as well the Possessions and Customs of the Conqueror as of his great Men Commissioners in Worcestershire [3.] The Books themselves How and of what things the Survey was made They noted what and how much Arable Land Pasture Meadow and Wood every Man had and what was the extent and value of them before the Conquest and at the present time The Survey was made by Counties Hundreds Towns or Maners Hides half Hides Virgates and Acres of Land Meadow Pasture and Wood. Also they noted what Mills and Fishings and in some Counties what and how many Freemen Sockmen Villans Bordars Servants young Cattle Sheep Hogs working Horses Skeps of Bees c. in every Town and Maner and who they belonged to Always in every County setting down [9.] The Books themselves the Kings name first and after him all his great Men in order that held of him in chief with numbers placed before them for the better finding them in the Book as may be * Append. n. 10. seen in the Catalogue of Tenents in chief or the Possessors of Lands at the time of the Survey there following All England except three Counties of Westmorland Cumberland and Northumberland That part of Lancashire between the River Mersey and Ribble was laid so and described in Cheshire the other part was described in Yorkshire was described and part of Wales and the Description or Survey written in two Books called the great and little (c) Domesday-Book why so called There was no receding from or avoiding what was written in this Book and therefore ob hoc as * P. 41. b. Domesday from the Saxon Dome Bordarii what they were Gervase of Tilbury says nos cundem librum judiciarium nominamus non quod in eo de prepositis aliquibus dubiis feratur sententia sed quod ab eo sicut ab ultimo die judicii non licet ulla ratione descedere Domesday-Book remaining in the Custody of the Vicechamberlains of his Majesties Exchequer The little Book contains only the Counties of Norfolk Suffolk and Essex this Survey was begun about the Fourteenth year of the Conqueror and finished [1.] Little Domesday fol. 450. in the Twentieth of his Reign Anno Domini 1086. To make the manner of the Entries in these Books more clear I shall give one or two Examples Easessa Terra Regis dimid hundred de Witham Witham tenuit Heraldus T. R. E. pro Maner pro 5 Hidis tunc 21 (d) What these Villanes were see in the letter f here following Villan modo 15 tunc 9 In the Appendix are two Catalogues of all the Ter-Tenents or as they may be called Proprietors names in this Survey one Alphabetical the other as they are found before the Description of every County (e) Bordarii from the French Bordier a Villan or Cottager and that from Borde a little House or Cottage in the Fields c. [7.] Custum Norm Gloss sup c. 28. Bordage was a Tenure where such a House or Cottage was given to any one to do any base Service for his Lord as to be an Executioner or Hangman or other base Service and he who had any thing given him after that manner could not sell give or engage it for that it was given him to hold after that form Bordar modo 10 Tunc 6 (f) Servi what they were Servi Servants or rather Slaves for Servus in Classick Authors never signifies otherwise were of [8.] Spelm. Gloss fol. 513. col 2. See more what
and Dower [2.] Oblat 1. Johan m. 19. Fines for leave to Marry Robert Fitz-Roger gave 300 Marks for a Fine for Leave to Marry his Nephew to the younger Daughter of Hubert de Rie [3.] Rot. â—in â— Johan m. 9. William de Warenna gave 300 Marks for the Wardship or Custody of the Lands of Gilbert de Aquila and for the entrance into Farms Gersunna an Income is often found in Domesday as paid to the [4.] Gerv. Tilb. lib. 2. c. 13. Sheriff of the County who in these elder times stood charged in the Exchequer with the Kings Rents and Revenue all perhaps but the Oblata or Conventiones and some Fines or Mulcts that were charged upon particular Persons These were great Sums in the time of King John but greater in the Conquerors time And if we consider the frequency of these Payments most of the Lands in England being of this Tenure we must also think of the greatness of the Revenue arising from hence Also Penal Fines may be accounted part of this Branch John Earl of Warren had a [5.] Claus 3. Edw. 1. m 2. Penal Fines Fine of 10000 Marks laid upon him for assaulting and wounding Sir Alan Zouch and his Son in Westminster-Hall [6.] Claus 15. Edw. 1. m. 2. Hugh Despencer paid a Fine to the King of 2000 Marks for Marrying Isabell Widow of Patrick Chaworth Daughter of William Beauchamp Earl of Warwick without Licence Likewise to this Branch may belong all Forfeitures of Goods and pecuniary Mulcts for Crimes Murder not excepted which was then Penal * Gerv. Tilb. lib. 1. c. 23. Murder Penal and punished by a Pecuniary Mulct in some Hundreds it was 36 l. in others 24 l. according to the largeness of the Hundred all Fines and Pecuniary Punishments for Negligences Omissions Misdemeanors Trespasses Batteries Fightings Woundings c. which were all redeemed and satisfied by Penalties and Fines as well now as in the Saxon times and no Suits or very few Actions brought for them but when Actions began to be frequent for these things they still retained some shadow of the Kings Prerogative in them for in every Writ at this day wherein are these words Vi Armis by Force and Arms or Contra pacem Domini Regis against the Peace of our Lord the King if the Action comes to Trial there are some small inconsiderable Fines due to the King but whether ever paid into the Exchequer is a Question yet they are always levied by the Sheriff upon a Capiatur issuing out of the Office of that Name Money paid to the King to have Trials and Judgments Compositions or Money paid to the King to have Trials and Judgments in many Controversies which in these times were common and incident to the Tenure and Money paid for Liberty to sue and take forth Writs may be reckoned part of this Branch [7.] Obl. 2. Johan m. 14. Ebor. William de Stutevill gave 2000 Marks [8.] Hoved. fol. 456. b. n. 20 30 40. pro judicio habendo to have Judgment in the Barony of Frontebeof in a Controversie between him and William de Albany concerning that Barony which was determined by the Council of the Kingdom and Will of the King and Peace and final Concord made between them [9.] Rot. Pip. 2. Richard 1. Ebor. William de Latimer gave 100 s. to have a Trial at Law with Galfrid de Valoins who had possessed himself of part of his Park And many considerable Sums of Money I have met with given to obtain Writs in several cases in the times about and near unto the Conquest And this may be the reason why Glanvil so very often in â—his Treatise of the Laws and Customs of England hath these words Petens ac querens perquirit breve the Demandant or Plaintiff may purchase a Writ Hence 't is probable at first came the present usage of paying 6 s. 8 d. where the Debt is 40 l. 10 s. where the Debt is 100 l. and so upwards in Suits for Money due upon Bond. The last thing which may fall under this Branch were Tolls and Customs for Passage and Pontage Tolls and Customs for what paid Tolls and Customs for Liberty of Buying and Selling. Excise or Tolls and Customs upon [1.] Gervas Tilb. lib. 1. c. 21. Victuals and many other things Besides the ancient and greater Customs which are properly so called upon Merchandises This Toll for Liberty of [2.] LL. Ed. Con. c. 24. buying and selling for freedom of Markets and Fairs and protection in going to and coming from them was also in the Saxon times before the Conquest Therefore it was that Markets and Fairs were then kept and all things sold in good [3.] LL. Ed. Sen. c. 2. LL. Aethelst c. 12.13 Towns Castles and Ports only in the presence of the Magistrate of the place or Kings Officer And it was by Law Established in the [4.] LL. Will. 1. c. 61. No Markets but in Cities Burghs Castles c. Conquerors time that no Market or Fair should be permitted but in Cities Burghs Walled Towns and Castles where the Customs of the Kingdom the common Right of the King and Dignity of his Crown as they were Constituted and Established in the times of his good Predecessors might not be lost or violated [5.] Dav. Rep. fol. 12. b. Paid by all Nations Tolls were Originally imposed according to the value of things sometimes an eighth part sometimes a twentieth sometimes a fortieth and were ever paid by [6.] Ibidem Romans Brittains Saxons [7.] Lindinbr Codex LL. vet passim Tolls were farmed before and after the Conquest Germans and perhaps all other Nations After this rate in the Conquerors time they were of some value These were generally farmed both before and after the Conquest Yet Edward the Confessor kept in his own hands through all England these three Forfeitures as they are called in [8.] In Civit. Sciropesberie Domesday [9.] Domes fol. 1. col 2. Breach of the Peace Forstell viz. Cutting Cross Hedging or stopping up the Kings High-way and g Hein-â—are flight for Murder or perhaps taking away another Mans Servant [1.] Civit. Hereford in Domesday for every of which there was paid One hundred Shillings Crown Lands a third Branch of his Revenue A third Branch of his Revenue were Crown Lands being 1422 Maners [2.] Domesd in the several Counties or Lordships in several Counties besides several Farms and Lands in Middlesex Shropshire Rotelandshire in the last of which he had also 150 l. of Rent in white Money These with the (h) Escheats in general are taken in * Col. 1381. Gervase Tilb. for Reliefs Wardships and Marriage Fines also but more particularly they are interpreted as above written Escheats which were Lands and many times great Baronies forfeited to the King for (i) The word used in the same * P. 60. b. Author for Felony is Scelus
from his Fidelity and Industry that Henry at that time lost not the Kingdom of England And Robert failing in the trust reposed in the great Men and fearing to be Excommunicated by Anselm as an Invader made Peace with his Brother and dismissed his Army Florence [4.] Fol. 650. lin 27. of Worcester says as above that very many of the great Men sent for Duke Robert over and promised him the Crown and Kingdom and coming they did some of them adhere to him and others dissembling their Kindness and Affection to him staid with the King But the Bishops Common Soldiers or Stipendiaries and English remained with him being unanimously ready to fight for him The two Brothers are reconciled by the Mediation of Wise Men. The Terms of Peace At which time the Wise Men on both sides consulted together and by their Mediation made Peace between the Brothers on these Conditions That Robert should yearly receive 3000 Marks and that all such as had their (d) In the Latine Honores suos which signifies strictly the Seat and Head of the Earldom or Barony but generally Earldoms Baronies and Honourable Estates Earldoms and Baronies taken from them in England for their Fidelity to the Duke and all those that had the like Estates taken from them in Normandy for their Fidelity to the King should have them again freely without Compositions Ordericus Vitalis gives a third Relation of this Transaction In the year of our Lord [5.] Fol. 785. An. Do. 1101. says he 1101. the Seditious great Men fearing the Magnanimity of King Henry and loving the easiness of Sloathful Duke Robert sent to him that he would suddenly provide a Fleet to transport himself [6.] Ibidem fol. 786. A. that is to say Robert de Belism his two Brothers (e) He was so called because [9.] Malms f. 88. b. n. 30. Rogerus Pictaviensis who he was Domesd in iisdem Comitat. His great Estate he Married a Poictovis Woman and was the same Roger Pictaviensis who in the Conquerors Survey is said to have possessed all the Lands between the Rivers Rible and Mersey in Lancashire and so much more as made 188 Maners in that County 76 in Yorkshire three in Essex 59 in Suffolke 11 in Nottinghamshire seven in Derbyshire 10 in Norfolke 44 in Lincolnshire in all 398. Roger the Poictovin and Arnulph William de Warrenna Earl of Surrey and Walter Giffart Ivo de Grentemaisnil Robert the Son of Ilbert and many others who first privately entred into a Confederacy and then publickly advanced the Dukes Title Anselm the Arch-Bishop and all the Bishops and Abbats and all the Clergy and English adhered to their King as also did Robert Earl of Mellent and others [7.] Ib. 787. B. Aug. 1. In Autumn Robert landed at Portsmouth where he was received of the Nobility who had long since done him Homage The two Brothers remained with their Forces in a [8.] Ibid. fol. 788. A. B. C. Plain some days and there was daily an Intercourse of Messengers between the Noblemen on both sides without effect At length only the two Brothers by consent without any Assistants met between the two Armies and after some Discourse agreed That Robert should quit his Claim to England and release the Homage his Brother had done to him in respect of the Royal Dignity That Henry should yearly pay to him 3000 l. Sterling and render up to him the whole Country of Constance and all he possessed in Normandy except Damfront They also then agreed upon mutual Assistance and that they should resume all their Fathers Lands and Demeasns And lastly That they should equally punish the Fomenters of Discord and Contention on both sides After this Agreement the Duke staid here two Months and then he returned and with him William de Warrenna and others that had lost their Estates in England for his sake Not long after [1.] Ord. Vit. f. 804. C. D. The Duke mediates for the Restitution of the Earldom of Surry to William de Warrenna The King rebukes him for it William de Warrenna made a sad Complaint to the Duke that for his Cause he had lost his Earldom of Surrey of the yearly value of 1000 l. and prevailed with him to come over into England to mediate with the King for the Restitution thereof But moving him in this matter he upbraided him with breach of the Peace for not bringing Publick Traytors to Punishment and not exercising a due severity upon Turncoats telling him he had that very year kindly received Robert de Belesin and given him his Fathers Possessions the Castle of Argentoile the Bishoprick of See's and the Forest of Golfer [2.] Ibidem fol. 805. A. Duke Robert releases the Annual payment of 3000 l. The Earl of Surry is restored To all which was charged upon him the Duke humbly promised amendment and at the Instance of the Queen he released the Annual payment of 3000 l. whereupon the King was reconciled to him renewed the former Peace and restored William de Warrenna to his Earldom who ever after remained faithful to Henry and was numbred among his chiefest Friends After King [3.] Ord. Vit. fol. 787. B. 804. C. Henry had made Peace with his Brother and was confirmed in his Kingdom he began by degrees to punish such Traytors as deserted him and adhered to and invited over Duke Robert He summoned to Trial Robert Mallet Ivo de Grentemaisnil Several Traitors summoned to Trial. Robert de Pontefract the Son of Ilbert Lacey and Robert de Belism the greatest of them all with many others yet not all at once but severally at divers times and after divers ways he impleaded them as guilty of violation of their Faith Some were Fined others lost their Estates Some of them that could not purge themselves of the Crimes wherewith they were charged he condemned in great Sums of Money and from others which he most feared and suspected he took away their Estates and banished them When the mighty Earl [4.] Ibidem fol. 806. A. An. Do. 1102. Robert de Belism summoned to Trial. Robert de Belismo was summoned to the Kings Court there were objected to him forty five Crimes in Words and Deeds committed against the King and his Brother the Duke of Normandy and he was Commanded to Answer openly to every one of them for the King by the space of a year had set Spies upon him who observed and committed to Writing all his oblique Actions He being thus charged asked leave He flies to his Castles as the Custom was to go to Counsel with his Friends and having obtained it knowing he could not purge himself of the Transgressions objected to him in great fear he fled to his Castles while the King with his Barons were expecting his Answer The Kings Serjeant came and informed them that Robert had made his escape The King issues a Proclamation against him to appear He fortifies his Castles
the Twenty ninth year of his Reign this King [3.] Huntingd. f. 220. a. n. 10 20. The punishment of Priests permitted to the King He Compounds with them for the enjoyment of their Wives and Concubines Kiâ—g Henry's Taxations held a great Council on the First of August for the prohibiting of Priests to make use of their Wives or Concubines in which the Bishops and Clergy by the easiness of William Arch-Bishop of Canterbury granted to the King the Correction and Mulcts of the Priests for this Transgression He makes his advantage of it and upon Composition and a yearly payment permits them to enjoy their Wives and Concubines and by this means raised saith Huntingdon an infinite Sum of Money The extraordinary Taxations of this King are not particularly noted nor is it said how they were imposed In the Fourth year of his Reign [4.] Fol. 652. An. Do. 1104. Florence of Worcester says it was not easie to declare what misery England suffered by reason of the Kings Exactions In the Sixth year of his [5.] Eadm fol. 83. n. 30 40. Reign his Impositions were general and cruel according to Eadmers report and besides other rigorous Exactions from the Clergy he set a particular Sum upon every Parish Church and forced the Incumbent to pay it or according to the Historian to redeem the Church In the Eighth year of his Reign he had for the [6.] Hen. Hunt f. 217. b. n 10. Marriage of his Daughter Maude to the Emperor Henry the Fifth three Shillings of every Hide of Land in England which upon a just value at this day would be equal to 824850 l. In the Sixteenth year by reason of the Kings necessities England was oppressed with [7.] Ibidem f. 218. a. l. 6. Paris f. 67. lin 3. frequent and various Payments and Exactions I find no Scutage paid unless it were comprehended under Gelds and Exactions No doubt but it was often paid especially by such as did not accompany the King in his several Expeditions being summoned and sometimes also as an Aid at other times Besides his extraordinary Exactions if there be any credit to be given to the Laws attributed to this King or that are said to be in use in his time he had a constant annual Land Tax which is there called Danegeld of Twelve pence upon very (m) This Hidage or Danegeld was at first collected to hire Soldiers to repell the Danish Pirats upon their Landing Hidage or Danegeit what it was as it is said in the [1.] LL. Ed. C. 11. Laws attributed to Edward the Confessor But Florence of Worcester says more truly [2.] Flor. Wig. An. Do. 991. Ibid. in the same years that it was paid as a Composition and Tribute to the Danes that they might desist from their Rapines Burnings and killing of Men upon and near the Sea Coasts and for to have a firm Peace with them and that the first Payment made and Money given was 10000 l. in the year 991. In the year 994. they received 16000 l. Tribute in the year 1002. 24000 l. in the year 1007. 36000 l. in 1012. 48000 l. in 1014. 30000 l. in the year 1018. 72000 l. of all England and 10500 l. of London In this Kings Reign [3.] Lib. Nigr. in Scaccario Tit. 19. The price of Victuals in this Kings Reign Wheat to make Bread for One hundred Men one day was valued at one Shilling a Ram or Sheep at four Pence and the Allowance or Hay and Provender for twenty Horses one day at four Pence So that if we set things at twenty times the value now they were then that is that one Shilling or Groat then would buy as much as twenty Shillings or Groats will now and go as far in ordinary Expences which is no hard Account it follows that every 10000 l. then must be equal to 200000 l. In the time of the Heptarchy there were in England [4.] Cambd. Brit. f. 114. South of Humber 244400 Hides of Land bâ—sides what was in Wales and perhaps Cornwall and the five Counties beyond Humber Yorkshire Bishoprick of Durham Westmorland Cumberland Northumberland and part of Lancashire which at one Shilling per Hide amounts to 12220 l. which multiplied by twenty produceth 244400 l. and then allow the five Counties and part of Lancacashire to be the eighth part of the Nation Wales excluded there ought to be added 30550 l. more which makes the annual Tax of Hidage then at one Shilling per Hide equal to 274950 l. now Hide to be paid at certain Terms and a forfeiture set upon such as did not duely pay it Henry the First his Issue 1. HIS Lawful Issue by Maude of Scotland was only one Son named William who was drowned as aforesaid and died without Issue 2. One Daughter commonly called Maude the Empress because first Married to Hen. 5 th the Emperor Her second Husband was Geofry (n) Plantagenet or Plantagenist that is Planta genestae or Broom Plant Plantagenet the reason of the name because he wore in his Cap or Bonet a Sprig of Broom Plantagenet Earl of Anjou by whom she had Henry the Second King of England and two other Sons [3.] Chron. Norm 994. A. Geofry and [4.] Ibidem 999. C. William that died without Issue His Natural Children 1. RObert created Earl of Gloucester in the Ninth of Henry the First by [5.] Geneal Hist of the Kings of England fol. 45. Nesta Daughter of Rhees ap Tewdor Prince of South Wales 2. Richard begotten of the [6.] Ibidem fol. 30. Widow of one Anskil a Nobleman in Oxfordshire he was drown'd with Prince William his half Brother 3. Reynald created Earl of Cornwall in the Fifth of King Stephen was begotten of [7.] Fol. 50. Sibill Daughter of Sir Robert Corbet of Alcester in Gloucestershire 4. Robert by [8.] Fol. 30. Edith Daughter of a Northern Nobleman of England 5. Gilbert Ibid. f. 31. 6. William [9.] Ibidem de Tracey so named from a Town in Normandy who died soon after his Father 7. Henry by [1.] Ibidem Nesta aforesaid 8. Maude [2.] Ibidem f. 32. espoused to Rotro Earl of Perch who was Son to Arnulph de Hesding that had great Possessions in England 9. Another Maud [3.] Ibidem Married to Conan Earl of Britain 10. Julian [4.] Ibidem Married to Eustace de Pacie Bastard Son of William de Breteul eldest Son and Heir of William and elder Brother of Roger Earl of Hereford in England 11. Constance [5.] Ibidem f. 33. Wife of Roscelin Viscount of Beaumont so called from a Town in the County of Mayn 12. [6.] Ibidem Married to Matthew Son of Burchard of Montmorency from whom descended the ancient Family of that name 13. Elizabeth [7.] Ibidem by Elizabeth Sister of Waleran Earl of Mellent Married to Alexander King of Scots All these Base Children of this King are recounted in
in the mean time gave him three Castles for his support Chinon Mirabell and Lodun and because his Son Henry was then absent he adjured all the Bishops and Noblemen present That his Body should not be buried until he had Sworn he would not violate his Will The Father being dead the Son comes to his Interment and being told by the Noblemen what Charge his Father left with them he long considered what he had to do At length all cried out it would be a perpetual Disgrace to him to suffer his Fathers Body to remain unburied with great Reluctancy he took the Oath But when he was fully possessed of the Kingdom of England he procured from Pope Adrian an Englishman [4.] Ibidem n. 60. Pope Adrian dispenceth with King Henry's Oath Absolution from it for which Reason not thinking himself obliged by it he neither took Care to satisfie his Fathers Will or Brothers Request in yielding to him the Earldom of Anjou Whereupon his Brother fortifies his Castles and makes Incursions into all King Henry's Countries round about them The King passed over Sea raised an Army besieged and took the Castle of Chinon and so humbled his Brother that he rendred all his Castles and had his Pardon [5.] F. 95. n. 40 50. Matthew Paris says they came to an Agreement and that Geofry quitted his Claim for 1000 l. Annuity of English Money and 2000 l. Anjovin and placeth this Action in the year 1156. Soon [6.] Brompton Col. 1049. n. 10. The City of Nantes choose Geofry the Kings Brother their Earl after the City of Nants in Britany not knowing who was their true Lord chose Geofry for their Lord and gave him the Dominion thereof and the Country about it but he lived not long to enjoy it After whose death Conan Earl of Richmond in England took possession of it The King hearing his Brother was dead went over into France and claimed Nants in his Right and as his Successor and gave Command his Earldom of Richmond should be seized It was in [7.] Chron. Norman f. 994. A. B. An. Do. 1157. A Treaty between the Kings of England and France Margaret the King of France his Daughter to be Married to Henry the Kings Son August he went over into Normandy and the first thing dispatched was a Treaty between him and Lewis King of France upon the River Epta in the Confines of France and Normandy concerning Peace and a Marriage to be had between Margaret the Daughter of Lewis and his Son Henry what they Agreed upon was Sworn to on both sides And from thence the King of England went to Argentom and on the Eighth of September summoned the Army of Normandy to meet at Abrinces on Michaelmass-day to go against Conan Duke of Britany to force him to render Nants that he had invaded In the mean time he was invited to the French Court at Paris where he was Entertained with all the Joy and Splendour imaginable and coming from thence he brought the Kings Daughter with him and delivered her to be kept and Educated by Robert de Newburgh Justiciary of Normandy Robertus de Novo-Burgho Dapifer Justitiarius Normanniae Chron Norm f. 996. A. On Michaelmass-day Conan Earl of Rhenes and Duke of Britany with his Britans came to Abrinces now Auranches and delivered to the King the City of Nants with the whole County or Earldom belonging to it In December following [8.] Ibidem f. 994. D. Theobald Earl of Blois makes Peace with King Henry Theobald Earl of Blois made Peace with King Henry and delivered the two Castles of Ambois and Freteval Rotroc also Earl of Perch gave up the two Castles of Molins and Bon-Molins which were the Demeasns of the Duke of Normandy which Rotroc the Father of this Earl had seized upon after the death of King Henry the First At the same time he granted to this Earl Bellism Castle for which he did him Homage He kept his Christmass at Cherbough where he came to meet his Queen [9.] Ibidem f 995. A. B. An. Do. 1158. Alienor who a little before was come out of England From thence he passed to the Castle of [1.] Ibidem King Henry takes the Castle of Bray A Match propounded between Richard Son to King Henry and the Daughter of the Earl of Barcelone Blaye seated upon a steep Hill over-looking the River Garonne where he met Raymond Earl of Barcelone with whom he made a League confirmed with both their Oaths by which it was mutually agreed That Richard the Kings second Son should at years of Maturity Marry the Daughter of Raymond and when the Nuptials were performed he was to have setled upon him the Dukedom of Aquitan This Raymond's Paternal Inheritance was the Earldom of Barcelone and by Right of his Wife he was King of Aragon which he reserved for his Son he had by her King Henry having made this Alliance declares his [2.] Ibidem 995. C. D. An. Do. 1159. The Title of King Henry to the City and Earldom of Tholose Title to the City and Earldom of Tholose which by his Wife was thus Her Grandfather William Earl of Poictou and Duke of Aquitan had Engaged them for a great Sum of Money which he spent in an Expedition into the Holy Land to Raimond Earl of St. Giles which Money he paid not but left the Debt upon his Son William the Father of Queen Alienor For non-payment of this Money Anfonsus Son of Raimond and after him Raimond Son of Anfonsus held the City and Earldom The King of France Married Alienor Daughter and Heir of the last Duke of Aquitan c. and demanded and was ready to possess himself of the City and Earldom of Tholose when Raimond the then Earl of St. Giles Married his Sister Constance King Henry offered the Mortgage Money See John de Sennes The great Army raised to pursue the Title of Tholose the Widow of Eustachius Son of King Stephen and by that means he was permitted to enjoy it King Henry Married Alienor after she was Lawfully Divorced from the King of France and had Issue Male by her then four Sons and from thence grew his Title and Pretence to the City and Earldom To obtain which as his Wives Inheritance he summoned the Force of all England Normandy Aquitan and the other Countries subject to him He carried not with him in this Expedition any Agrarian or Ordinary Soldiers nor Burghers or Rusticks but took [3.] Ibid. D. of every Knights Fee in Normandy Sixty Sols of Anjou Money and in England and his other Countries what he thought good His Capital Barons with few others accompanied him Solidarios Milites innumeros but he collected or raised Stipendiary Soldiers innumerable In this Expedition was Malcolm King of Scots who was Knighted by him and William King Stephens Son Raimond Earl of St. Giles allarm'd with this great Preparation desired Assistance of the King of France who
Wales to meet him viz. Rese the Son of Griffin King of South-Wales David Son of Owen King of North-Wales Cadwalan King of Delwain Owen de Kevilian Griffin de Bromfield Madoc Son of Gervet Chone and many others of the most Noble of Wales who all did Homage and sware Fealty to him against all Men and that they would keep Peace with him and his Kingdom To King David who had Married King Henry's Sister he gave the Land of Ellesmar and to King Rese the Land of Merionith These things [9.] F. 323. b. n. 20 30. Hoveden says were done in a General Council at Oxford and that there King Henry made his Son John King of Ireland c. More of which afterwards On the Sunday before [1.] Ben. Abb. p. 98. b. 99. a. The Tenents in Capite attend the King with Horse and Arms. Ascension-day the King was at Winchester where by his Precept all the Earls Barons and almost all the Knights or Soldiers that held of him in Capite came to him prepared with Horse and Arms to know his Commands for at that time he had caused most of the Ships of England and Normandy to be ready at Portsmouth and Southampton to Transport them with the King On Ascension-day the King gave them leave to go Home and return to Winchester again in the Octaves of St. John Baptist which is the first of July and then to execute his Commands The King [2.] Ibidem p. 103. a. He defers his passing into Normandy with his Tenents in Capite until he sent to the King of France about the Contracts of Marriage made between their Children was at Winchester at the time appointed and his Tenents in Capite ready to pass into Normandy with him but deferred his Voyage until the Envoys he had sent to the King of France [3.] Ibidem p. 99. b. to know whether he would stand to his Bargain and Contract concerning his two Daughters Margaret and Alice and his two Sons Henry and Richard and whether he would give them the Lands he promised them in Marriage were returned They came [4.] Ibidem p. 104. a. The King of France refuseth to stand to his part of the Bargain but would force the King of England to make good his and procures the Popâ—s Legat to threaten an Interdict The King of England by â—is Bishops Appeals from the Legat to the Pope not themselves but by special Messengers let the King know the effect of their Negotiation with the King of France which was That the King of France would part with no Land and yet expected his Son Richard Earl of Poictou should Marry his Daughter Alice and if he did not the Popes Legat threatned and was ready to put all his Dominions as well on one side of the Sea as the other under an Interdict The King Advised with his Bishops viz. Richard Arch-Bishop of Canterbury Geofry of Ely Bartholomew of Exceter and John Bishop of Chichester and other Wise Men of his Kingdom that were then with him what he should do in this matter They Counselled the King by the Bishops that were there to Appeal to Pope Alexander against his Legat which they did and put the King themselves and the whole Kingdom under his Protection and the King sent to the Arch-Bishop of York that he and his Province should make the same Appeal as the Arch-Bishop of Canterbury had done in his Province This was about the Twelfth of July Notwithstanding this [5.] Hoved. f. 325. b. n. 30. Appeal the King about the middle of [6.] Ben. Abb. p. 107. b. He passeth with his Army over Sea August passed into Normandy from Portsmouth and almost all the Earls Barons and Knights of England followed him On the Twenty first of [7.] Hoved. ut supra The Covenants of Marriage between the Children of the two Kings Upon Conference they agree September the two Kings came to a Conference at Yurâ— in presence of the Legat and the great Men of both Kingdoms where the King of England gave his Faith that Richard his Son Earl of Poictou should take Alice Daughter of the King of France to Wife if her Father would give him with her in Marriage the City of Bourges with its Appurtenances as it was Covenanted between them and to Henry his Son all the French Veuxin that is all the Land between Gisors and Pontoise which he promised to give him in Marriage with his Daughter And because the King of France would not perform these things he would not permit his Son Richard to Marry his Daughter Alice Yet in this Conference by Advice of the Cardinal and Legat and the Princes of both Kingdoms there was Amity and final Concord made between them Benedict the Abbat [8.] P. 108. a. says That King Henry granted that his Son Richard should * He was Affianced to her but never Married Marry the Daughter of the King of France and so they made Peace which was confirmed by their Faith Oaths and Seals Which was to this [9.] Ibidem purpose I. They Agreed [1.] Append. n. â—6 Articles of Agreement between the two Kings to take upon them the Cross and to together to Jerusalem against the Infidels II. That if either were injured or affronted they should assist each other III. That all manner of Discord might be cut off between them they granted each to other that from thence forward neither of them should demand of the other any Lands or other things they were in possession of except what was in Contention between them in Avergn and except the Fee of Castle-Ralph and the small Fees and Divises or Limits of Lands in Berry about which if they could not Agree between themselves there were three Barons and three Bishops named on either part who were to determine of their Right according to the Oaths of such Lay-Men as understood and knew it and they to stand to their Determination IV. That if either of them should die in their Journey the other should have the Management of the Men and Money and whole Affair V. That if they should both die in the Journey they were before they set forth to choose such of their honest and faithful Men or Vassals de probis fidelibus hominibus nostris to whom they should commit their Money the Leading and Government of their Soldiers and the Ordering of the whole Service or Expedition VI. They were to appoint such Governors of their Dominions in their absence as in all Difficulties should assist one another VII That Tradesmen Merchants and all Men as well Clerks as Laymen with all their Goods should be secure and free from molestation in both their Dominions This Treaty [2.] Hoved. f. 326. a. n. 50 c. Ben. Ab. p 109. b. The Statute of Verneul so called being ended the King of England went to Verneul and there upon the Petition of the Good Men of Grammont he Ordained in the presence
de armis habendis in Anglia Soon after his return he made this Assise of Arms. 1. Whosoever hath a Knights Fee shall have a Coat of Mail an Helmet a Shield and a Lance and every Knight shall have so many Coats of Mail Helmets Shields and Lances as he hath Knights Fees 2. Every Free Layman that hath in Goods or Rent to the value of * The value of the Goods I suppose mistaken it should rather have been Sixty Marks Sixteen Marks shall have a Coat of Mail an Helmet a Shield and a Lance. 3. Every Free Layman that hath in Goods Ten Marks shall have an Iron Gorget an Iron Cap and a Lance. 4. All Burgesses that is Inhabitants or Freemen of Burghs and the whole Community of Freemen shall have a Wambais that is a Coat twilted with Wooll Towe or such other Materials a Cap of Iron and a Lance. And [4.] Ibidem n. 40 50. Every one to have Arms and to keep them for the Kings use every one shall swear That before the Feast of St. Hillary he will have these Arms and will be faithful to King Henry the Son of Maud the Empress and that he will keep these Arms for his Service according to his Command for the Defence of the King and Kingdom and no Man when he hath these Arms shall Sell Pawn Lend or any way put them out of his Custody neither shall his Lord any way take them from his Man or Vassal neither by Forfeiture Gift Pawn or Security for any thing nor any other way When the Possessor of these Arms dieth they shall remain to his Heir and if his Heir be not of such Age as he can use Arms his Guardian shall have the Custody of his Arms as well as of his Body and shall find a Man to use them in the Service of the King while the Heir is of sufficient Age. None to keep more Arms by him than the Assise alloweth If any Burgess hath more Arms than he ought to have by this Assise he may sell or give them to any Man that will use them in the Kings Service and no Man may have or keep by him more Arms than he ought to have by this Assise Also no Jew may have a Coat of Mail or a Jerkin of Mail in his Custody but may sell or give or so part with it that it may be for the Service of the King No Jow to haâ—o a Coat of Mall in his Custody Also no Man shall carry Arms out of England unless by the Kings Command nor sell Arms to any Man that shall carry them out of England Neither Merchant or other Person shall carry them out of England And the Justices shall swear as many Knights or other Freemen and Legal-men in the Hundreds and Burghs in every County as they think fit whether they have Goods to such a value as they ought to have a Coat of Mail All that have Sixteen Marks in Goods or Rent to have of their own a Coat of Mail an Helmet Shield and Lance. an Helmet a Shield and a Lance and that they shall distinctly name all those in their Hundreds and Neighbourhoods or Burghs that have Sixteen Marks in Goods or Rents and the Justices shall cause the Jurors and all others to be written in a Roll and the value of their Goods or Rents And then they shall cause this Assise to be read before such as are to find Arms and cause them to swear they will provide Arms according to the value of their Goods and Rents and the Direction of this Assise and that they will keep them for the Defence of King Henry Son to Maud the Empress and his Kingdom according to his Command And if it happen that any one that is to find Arms be not in the County when the Justices are there they are to appoint him a time to appear before them in another County And if they come not to them in any County through which they pass An. Do. 1181. let him come to Westminster eight days after Michaelmass and then take the Oath as he loves himself and all that he hath and let him be Commanded that he have such Arms as he ought before the Feast of St. Hillary aforesaid All that make default to be punished in their Limbs and Members None to be of the Jury but such as are worth Sixteen or Ten Marks No Ship to be sold or Timber carried out of England None to receive the Oath of Arms but Freemen Also the Justices shall cause to be published in all Counties through which they go that all may take notice That the King will not punish such as make Default in their Lands or Goods but in their Limbs or Members None shall be upon the Jury but such as are worth Sixteen or Ten Marks Also the Justices shall Command in all Counties through which they pass That no Man as he loves himself and all that he hath do buy or sell any Ship to be sent out of England nor that he carry or cause to be carried any Timber out of England And the King Commands that none be received to the Oath of Arms but a Freeman After [5.] Ibidem f. 35â— a. n. 40 50. Young Henry's undutifulness causes the King to go into Normandy An Do. 1182. Young Henry submits to his Fathers Will and Pleasure Christmass the undutifulness of the young King caused his Father to go into Normandy for he and his Wife had gotten to his Brother Philip King of France by whose instigation he wrought all the mischief imaginable against him notwithstanding the Oaths he had taken to be obedient just and faithful to him He again demanded Normandy of his Father or some other of his Dominions but once more he returned to him and sware to submit to his Will and Pleasure and that he would not recede from it nor desire more for his own Expences than One hundred Pounds a day of Anjou Money nor more for his Wife than Ten Pounds a day And further the King granted to pay One hundred of his Knights for that year Next [6.] Ib. f. 352. b. n. 30 40. year at Christmass the old King and all his three Sons were at Caen in Normandy and with them his Son in Law Henry Duke of Saxony and his Wife and Children the Arch-Bishops of Canterbury and Dublin were there also and many Bishops Earls and Barons The young King receives Homage of his Brother Geofrey but Richard refuses After the Solemnity the old King Commanded the King his Son to take Homage of Richard Earl of Poictou and Geofry Earl of Britany his Brothers He received the Homage of Geofry but Richard refused to do Homage to him yet afterwards when Richard offered it he would not receive it Whence Richard grew very angry retired from Court and went into Poictou where he built new Castles and fortified the old His Brother King Henry followed him and
with the Earls and Barons of that Country that adhered to him very much pressed Richard And when he saw Geofry come with an Army to his Assiance not being able to resist both his Brothers he sent to his Father for help who raised a great Army An. Do. 1183. and marched with speed and besieged the Castle of Limoges which but a little before had been delivered to his Son King Henry While the King was before [7.] Ibidem f. 353. a. b. Young Henry and Geofrey Confederate against their Father Limoges his two Sons Geofry and Henry that understood one another very well pretended to their Father they would reconcile the Barons of Aquitan and Poictou to him and his Son Richard and as they pretended went to several Places to meet and Treat with them and there Confederated with them against him and he thinking himself now safe with his Sons had no great number with him at Limoges whereby he was exposed to much danger which his Sons knew but gave him no notice of it But Geofry taking the advantage pillaged and miserably wasted his Fathers Countries In the mean time Henry in a fit of Devotion under pretence of an old Vow takes upon him the Cross and would go against the mind and persuasion of his Father into the Holy Land his Father as he thought finding his Son resolute bemoaned him with many Tears and told him since he would go his Equipage and Company should equal if not exceed the Preparation of any Princes in Christendom But he executed his Design before his Journey for under pretence of Devotion visiting several Rich Monasteries he pillaged them and distributed what he got amongst his Soldiers and when he saw he could not destroy nor have his Will of his Father his [8.] Ibidem 354. a. lin 1. Young Henry dies at Martel Fury and Passion cast him into a great Sickness at a Town called Martel of which he died on the Eleventh of [9.] Chr. Nor. f. 1004. D. June After his [1.] Hov. ut sup n. 40. Several Castles delivered to the King which he either Garisoned or utterly demolished death his Father assaulted the Castle of Limoges from day to day while that and the City was delivered to him and with them all the Castles of his Enemies in that Country some whereof he Garisoned with his own Men others he demolished not leaving one Stone upon another And now the King of France upon his Death [2.] Ibidem n. 50. The King of France demands the Dower of young Henry's Widow demanded the Dower of his Sister young King Henry's Widow and also the whole Land of Veuxin with the Castles and Munitions his Father King Lewis gave in Marriage with her upon which coming to a Conference between Gisors and Trie they thus Agreed That the Widow for her * Pro quieta clamantia quiet Claiming or Relinquishing all the before demanded Premises should receive every year of the King of England at Paris Seventeen hundred and fifty Pounds of Anjou Money and from his Heirs so long as she lived Now Geofry Earl of Britany [3.] Ibidem b. lin 1. John refuses to do Homage to his Brother Richard returned to his Father and made Peace with him and with his Brother Richard Earl of Poictou To whom King Henry Commanded he should receive the Homage of his Brother John for that Country which he held of the Earldom of Aquitan but he would not Pope Lucius the Third not able [4.] Ibidem b. n. 40. This Pope was expelled the City of Rome by the Senators upon some difference that arose between them Platin. f. 181. The King sends an Aid of Gold and Silver to Pope Lucius to resist the Romans sent his Legats to all Kings and Princes as well Secular as Ecclesiasticks for an Aid for the Defence of St. Peter against them His Messengers came to King Henry requiring Aid of him and the Clergy of England The King Consulting his Bishops and Clergy concerning this Request they advised he should give an Aid suitable to his Honour and Good Will for him and their selves for it was more tolerable and better pleased them that he should receive Recompence from them than that the Popes Messengers or Legats should be permitted to come into England to take it of them by which means there might arise a Custom to the detriment of the Kingdom The King took their Advice and made the Pope a great Aid in Gold and Silver with which and the Money of other Princes the Pope made a Peace with the Romans necessary for himself and for the Church This year [5.] Ibidem f. 355. a. n. 10. King Henry does Homage to the King of France at a Conference between King Henry and Philip King of France between Gisors and Trie on the Tenth of September he did Homage to the King of France for all his Transmarin Dominions which he never would do before that time Next [6.] Ib. n. 20. An. Do. 1184. year on the Tenth of June the King came into England and the Dutchess of Saxony his Daughter with him and not long after made [7.] Ibidem b. n. 20. The Kings Sons reconciled Peace and Agreement between his Sons Richard Geofry and John which was written and confirmed by their Oaths before their Mother Queen Alienor Henry Duke of Saxony their Brother in Law and many others This year the [8.] Ibidem f. 3â—6 a. lin 3. The King of South-Wales swears Fealty to King Henry Welsh grew very troublesome they wasted the Kings Lands and killed his Men. To subdue them the King went with a great Army to Worcester Rese the King of South-Wales fearing his Power upon safe Conduct granted by the King came thither and sware Fealty to him and also sware he would deliver as Hostages or Pledges to the King his Son and Grandchildren who when he should have brought them to the King would not come with him The Winter [9.] Ib. f. 358. a. n. 20. following died Gilbert the Usurper of Galway in Scotland who had Murthered his Brother Vctred whose Son Rolland taking the advantage of his Uncles death and of his Son Dunecan being in Custody of the King of England as an Hostage or Pledge for his Fathers Fidelity invaded and obtained that Country The Patriarch of Jerusalem [1.] Ibidem n. 30. The King sollicited to send Relief to the Holy Land and the two great Masters of the Hospital and Temple came into England sent by Baldwin King of Jerusalem the Templars and Hospitallers to the King who met them at Reding where they presented him with the Royal Banner the Keys of the Sepulchre and of the Tower of David and City of Jerusalem with Pope Lucius's Letters by which very meanly he endeavours to excite the King to undertake the Relief and Protection of the Holy Land The King promiseth [2.] Ibidem b. n. 30 40. them an Answer on the first
Ship into that Nation and by the same recalled all the English appointing them to return by Easter or to be disinherited and live in perpetual Exile The Earl sent Reymund to the King then in Aquitan with a Letter Reymund pleads for their continuance there in which he puts him in mind he had his License to go and assist his Vassal Dermot and tells him that as whatsoever he had acquired proceeded from his Munificence so it was all at his command and should return to him whenever he pleased In the beginning of May [5] Ibid. c. 20. f. 771. n. 50. A. D. 1170. Dermot Fitz-Murchard being a very old man died at Fernes About [6] Ibid. c. 21. A. D. 1171. Hasculph attempts to recover Dublin Whitsuntide the same year Hasculph sometime Governor of Dublin attempting to regain that City came into the River Liffe now the Road or Haven with sixty Ships filled with Norwegians and Inhabitants of the Northern Isles who landed and assaulted it But Miles Cogan the Governor defended it so well and his Brother Richard sallying out upon them beat them off with so great slaughter that they fled He is repulsed by Cogan and taken Prisoner their Leader John Thewoode being killed and Hasculph taken in the Silt or Ouse as he was making to his Ships who was reserved for Ransom but being brought before Miles he told him these were but a small Company and came only to try what might be done but if he lived in a short time there should come a far better and greater Force So soon as he had said this Miles caused his Head to be struck off And at last Beheaded The Irish Princes or Great Men [7] Ibid. c. 22. The Irish Princes agree to besiege Dublin perceiving that no recruits of either Men or Victuals came from England to the Earl and his Forces collected a vast Army from all parts of the Country and besieged Dublin By the Instigation of Laurence Bishop of that place this was done and he with the Prince of Connaught Roderic wrote to Gotred Prince of Man and other Chiefs or Princes of the Islands promising great rewards for their assistance who with thirty Ships full of Fighting men arrived in the Port of the City or Water of Liffe Two [8] Ibidem Dublin much pressed with want of Victuals months the Siege had continued without any relief by Land or Sea when Victuals began to be scarce amongst the besieged and to add to their Distress at this time they by Donald Son of Dermot were informed who came from the Borders of * Perhaps now Kinsale with the Country about it Fitz-Stephan besiegâ—d in Karrec Castle Kencele that Robert Fitz-Stephan was by those People and the men of Wexford to the number of 3000 besieged in his small Castle of Karrec not far from Waterford and unless he were relieved within three days he must fall into his Enemies hands Within Dublin [9] Ibidâ—m there were with the Earl Reymund and Maurice Fitz-Girald the last was mightily moved with the Calamity of his Brother Robert his Wife and Children seeing he was to defend a Defenceless Castle made only of Boughs of Trees Wood and Turf [1] Ibid. c. 23. Maurice and Reymund perswade the Earl to Sally out and attack the Enemy Reflecting upon their desperate condition Maurice and Reymund perswade and exhort the Earl and the small Troops within the City to go out and attack the Enemy who though they appeared in very great Numbers yet were all naked and unarmed men and to encourage and provoke them to such an Heroic and Glorious Attempt recounts to them the Greatness and Bravery of their former Actions that with inconsiderable Force and Numbers they had destroyed and dispersed great Bodies of men The Soldiers and Adventurers [2] Ibid. c. 24. strive who should Arm first and were divided into three small Troops in the first commanded by Reymund were twenty Knights in the second commanded by Miles were thirty and in the third commanded by Maurice were forty with some other Horsemen and a few Citizens joyned to every Division or Troop with these leaving enough for the Guard of the City they march out and suddenly about nine of the Clock in the Morning They set upon Roderic on a sudden and Defeat his whole Army they set upon an Army of Thirty thousand men who neither expected or thought of them killing very many of them and dispersing the rest Roderic trusting to the multitude of his men and no ways suspecting such a desperate Sally was Bathing himself and hardly escaped The English persued their Enemies until the Evening beating off and dispersing as well the Southern as other Bodies of men They spoil his Camp and return well provided with Victuals that lay on several parts of the City under several Chiefs and Commanders and then returned well provided with Victuals Carriages and Spoils On the morrow having secured and placed sufficient Guards in the City they march toward Wexford In the [3] Ibid. c. 25. The Wexfordians take Fitz-Stephan by a Trick mean time the Wexfordians and Kencelians take Robert Fitz-Stephan by a Trick and Falsity when they could not prevail by Force They brought before the Ditches of the Castle the Bishops of Wexford and Kildare with other men in Religious Habits and divers Reliques upon which they all affirmed upon Oath that Dublin was taken and the Earl Maurice and Reymund and all the English were destroyed that the Army of Connaught and Leinster were coming from thence and were very near Wexford that they did this out of kindness to him that he and the People with hm might quietly be conveighed over into Wales before the multitude who were his desperate Enemies came up Fitz-Stephan believing them gave himself into their Power and Protection they no sooner had Possession of him but killed some of his men beat and grievously wounded others and put them into Prison and Bonds But very suddenly there came contrary news that the Siege of Dublin was raised and the Earl was marching toward them Upon which they fired the Town of Wexford and removed themselves and Goods with their Captives into the Isle of Beg or St. Beger at the mouth of the Harbour The Earl [4] Ibid. c. 26. The Earl marches toward Wexford to relieve Stephan in his march toward Wexford was impeached at Odrone a narrow and difficult place by reason of Bogs and other impediments which was also fortified with Stakes here the Forces on both sides were engaged many of the Irish were slain the English gained the pass with the loss of one man only and marched into the Champain Country Meiler in this Fight was eminent above all others for his Valor When they [5] Ibid. c. 28. The Irish threaten to kill all the Prisoners if the Earl should disturb them came to the Bordes of Wexford they were informed of the case and condition of
drew his men together and marches toward the Newry to go into Vriel but in his march he had notice that the Irish of those Parts were in Arms and provided for their defence and were incamped South of Dundalke The English marched toward them and procured a Poor Frier to go and tell them that there were great Forces arrived from England at Tre or Drogedagh and that they were marching toward them the English when they came within a Mile of the Irish Army they went forward in such order as might make the greatest shew and appear many in number by the advantage of the places where they marched The English approaching make a great shout with which the Irish were so daunted as they broke their order tumbled one upon another and attempted to pass the River when the Tide coming in many were drowned and others that dare not adventure through the Water were killed by the English O Hanlan with his men had passed the Water The Frier shewed unto the English a Ford where they went over and pursued the Irish which were about 6000 A Fight between Courcy and O Hanlan and the English 1000 the matter was so ordered on both sides that they must fight the Conflict was sharp the English Foot gave back and left Courcy in the midst of his Enemies his Brother Amoric comes into to his relief rallies and incourageth the Soldiers who charged the Irish so briskly as they made them retreat The slaughter was great on both sides and each of them drew off without boasting of Victory The Fourth [6] Ib. f. 157. Girald ut supr l. 2. c. 16. f. 795. n. 10. was at the Bridge of Ivori where Courcy prevailed and slew many of his Enemies These were the great Acts of John de Courcy who commanded those English Forces that subdued Vlster after which he built many Castles in fit places for the Security of it and established there a firm Peace While John de Courcy [7] Ibid. c. 17. was thus imployed in reducing Vlster Miles Cogan who was * Dublinens familiae constabularius urbis custos c. Miles Cogan invades Connaught Constable of or had the chief command of the Forces of Dublin and Governor of that City under William Fitz-Adelm Seneschal of Ireland with Forty Knights 200 other Horse-men and 300 Archers passed the River Shannon and invaded Conaught the men whereof burnt their own Cities and Towns hid their Food and Victuals in Caves under ground and drove their Cattle into Fastnesses The English * Anglicana familia cum Tuemoniam Metropolin pervenisset c. Forces went as far as Twomond or Tuam the Metropolis and staid there eight days but not finding wherewithall to subsist returned to the Shannon where Roderic Prince of Conaught met them with three great Bodies of men There was a sharp Fight and many of the Irish slain but Miles and his men got safe to Dublin with the loss only of three Horse-men After this William Fitz-Adelm was recalled and [8] Ibid. c. 18. A. D. 1177. Hugh de Lacy was by King Henry made Procurator General that is Seneschal or Governor of Ireland Rex Henricus Hugonem de Lacy generalem Hiberniae Procuratorem constituit This same year in a general Council at Oxford [9] Hoved. f. 323. n. 20 30 40 c. Henry makes his Son John King of Ireland King Henry made his Son John King of Ireland by the Grant and Confirmation of Pope Alexander Venit Rex Oxeneford in Generali Consilio ibidem celebrato constituit Johannem filium suum Regem in Hibernia concessione confirmatione Alexandri summi Pontificis Benedictus Abbas [1] P. 97. a. says he purchased or procured a License from Pope Alexander to make which Son he would King of Ireland Rex perquisierat ab Alexandro summo Pontifice quod liceret ei filium suum quem vellet coronare Regem facere de Hibernia He gave in the same [2] Hoveden uâ— supra Henry grants to Fitz-Stephan and Cogham the Kingdom of Cork Council to Robert Fitz-Stephan and Miles de Cogham the Kingdom of Cork for the Service of sixty Knights to hold of him and his Son John except the City of Cork and one Cantred or Hundred which the King reserved to him and his Heirs The King gave also to Herbert Fitz-Herbert and William the Brother of Earl Reginald and Jollan de la Pumeray their Nephew the Kingdom of Limeric for the Service of sixty Knights or for sixty Knights Fees except the City of Limeric and one Cantred which he retained to him and his Heirs He likewise delivered to William Fitz-Adelm his Dapifer or Seneschal the Custody of the City of Wexford with all its Appertenencies and decreed that for the future the places following should belong to the Service of Wexford Harkelow with its Appertinencies Glascarric with its Appertinencies and the Land of Gilbert Boisrohard Ferneg Winal with its Appertinencies and all the Land of Hervey between Wexford and the River of Wexford the Service of Raimund de Druna the Service of Frodrevelan the Service of Vthmorth Leighlerin the Tenement of Maâ— Taloe with its Appertinencies and Leis the Land of Geofry of Constentine with its Appertinencies and all the Land of Otneld King Henry also delivered in Custody unto Robert Poer his Marshal the City of Waterford with all its Appertinencies and ordained that for the future these places following should belong to the Service of that City all the Land which is between Waterford and the River beyond Lismore and all the Land of Ossery with its Appertinencies Dublin committed to Hugh de Lacy. He also delivered in Custody unto Hugh de Lacy Dublin with all its Appertinencies and ordained that these places following should belong to the Service of Dublin the whole Land of O Felana with its Appertinencies and Kildare with its Appertinencies and the whole Land of Ophaly with its Appertinencies and Wicklow with its Appertinencies and the Service of Meth and the Service of four Knights Service which Robert Poer owes for his Castle of Dunavet When the King had thus [3] Ib. f. 324. a. lin 8. All to whom Lands were committed swear Fealty to the King and his Son John given the Lands in Ireland and divided their Services he made all those to whom he had committed the Custody of them to become his and his Son John's Men or Vassals homines suos Johannis filii sui Devenire and to swear Ligeance and Fidelity to them for those Lands Afterward he gave [4] Ibid. n. 20. to Philip Bruise the whole Kingdom of Limeric for the Service of sixty Knights to hold of him and John his Son for Herbert and William the Brothers of Reginald Earl of Cornwall and Joslan de la Pumeray their Nephew would not have that Kingdom because it was not then fully subdued for the English had killed the King of Limeric who was the
Marks to the Emperor and from the Earl 30000 upon condition he might be kept prisoner until Michaelmass following or if the Emperor had rather they would give him a thousand Pounds a Month so long as he should keep him Prisoner or if it pleased him better the King of France would give him 100000 Marks and Earl Iohn 50000 to deliver him Prisoner into their hands or at least that he would keep him one year The Emperor prevailed upon to differ his Release upon these Offers the Emperor put off the Day of his Liberty and ordered it to be upon the Purification of St. Mary at Ments At that Day and place [5] Ibid. b. n. 30.40 Henry Emperor of the Romans with the Great Men of his Empire and Richard King of England with his Mother Queen Alienor and Walter Archbishop of Roven William Bishop of Ely his Chancellor and Savaric Bishop of Bath met and held a Council about the Liberty of the King of England The Emperor out of Covetousness tempted with the money the King of France and Earl Iohn offered would have gone from his Agreement and calling for theis Messengers amongst which The King of France and Earl Johns letters given to King Richard to read was Robert Nunant Brother to Hugh Bishop of Coventry he gave the King of France and Earl Iohns Letters which they wrote against his Liberty to the King of England to read at which he was much troubled and confounded dispairing of his Freedom He by his Friend and Counsellor Sollicites the Archbishops of Ments Colon and Saxeburgh who this Archbishop was I find not unless Treves or Trier had ever that name the Bishops of Worms Spire and Liege The Dukes of Suavia the Emperors Brother of Austria and Lovain The Earl Palatin of the Rhene and other Great Men of the Empire who were â—idejussors or undertakers for the Emperor upon the Agreement between him and the King of England The Emperors Fidejussors rebuke him for his Covetousness who boldly went to him and rebuked him for his Covetousness and for that he would so impudently run back from his Bargain Qui ita impudenter à pacto suo resilire volebat and wrought so effectually with him as he Freed the King from his imprisonment [6] Ibid. n. 50. He thereupon consents to King Richards release he giving Walter Archbishop of Roven Savaric Bishop of Bath and Baldwin Waâ— and many other sons of his Earls and Barons hostages or Pleges for the Residue of his Ransom Money unpaid and that he should keep peace to the Emperor his Empire and all his Dominions and the Archbishops of Menâ—s and Colon Delivered him free into the Hands of his Mother Alienor A. D. 1194. Robert Nunant refuses to be plege for the King on the fourth of February The King asked Robert Nunant to be a Plege for him he answered he was Earl Iohns Man or Vassal and therefore would not be Plege for him Respondet [7] Ibid. f. 418. a. lin 4. Quod esset homo Comitis Iohannis ideo noluit pro ipso obses Esse for which answer the King caused him to be taken and imprisoned The same Day the [8] Ibid. n. 10. The Emperor writes to Earl John to restore King Richard all his rights and possession Emperor the Archbishops Bishops Dukes and Earls of the Empire by their common Writing to which they put their Seals sent to the King of France and Earl Iohn that presently upon sight thereof they should deliver to the King of England the Castles City's Fortresses Towns Lands and whatsoever they had taken from him while he was the Emperors Prisoner and if they did not to let them know they would help him to recover what he had lost [9] Ibid. n. 20.30 King Richards generosity to the German Bishops and Nobility Hereupon King Richard by his Charts granted to several Archbishops Bishops Dukes Earls and Barons and others of the Empire annual Rents or stipends for their Homages Fealty's and aids or assistance against the French King and received the Homage of the Archbishops of Ments and Colon of the Bishop of Liege the Dukes of Austria and Lovain the Marquess of Montferrat the Duke of Lemburgh and the Duke of Swavia the Emperors Brother of the Earl Palatin of the Rhene the Son of the Earl of Haynault of the Earl of Holland and many others saving their Fealty to the Emperor He is conducted to Antwerp and from thence came to Sandwich who gave the King a safe conduct or Pass-port to Antwerp where he was under the protection of the Duke of Lovain from thence he came to England and landed at Sandwich on the 13th of March. Not long before the Kings [1] Ibid. n. 40.50 Arrival one Adam of St. Edmund a Clerc and servant to Earl Iohn was sent by him into England with Letters and Directions That his Castles should be fortified against his Brother He came to London and went to the Palace of Hubert Archbishop of Canturbury and dined with him where he Boasted much of the prosperity of his Master The Insolence of one of Earl Johns Servants and the intimacy he had with the King of France telling that he had given him the Castles of Driencurt and Arches which should have been given to the Archbishop of Rhemes and talked at a great Rate what his Lord could do if he had but Faithful Men. His Bragging discourse much exasperated the Archbishop and all that heard him He is apprehended and Earl Johns designs are discovered but for the Deference to the Table he was not apprehended But after Dinner in his Inn the Major of London took him and all his Briefs or Commissions which conteined all Earls Iohns design and delivered them to the Archbishop of Canturbury [2] Ibid. b. lin 4.5.6.7 who on the Morrow called before him the Bishops Earls and Barons of the Kingdom and shewed them those Letters and declared the Tenor of them and presently it was Determined by the Common Council of the Kingdom Earl John disseized of all his Tenements in England That Earl Iohn should be disseized of all his Tenements in England and that his Castles should be besieged statim per Commune Consilium Regni Definitum est Quod Comes Iohannes Dissaisiretur de omnibus Tenementis suis in Anglia ut Castella sua obsiderentur factum est ita and so it was done The same Day [3] Ib. b. n. 10. He his Advisers and Abettors Excommunicated Archbishop Hubert the Bishops of Lincoln London Rochester Winchester Worcester and Hereford and the Elect of Excester and many Abbats and Clercs of the Province of Canturbury came together and Anathematized Earl Iohn and all his Abetters and Advisers which had or should Disturb the Peace of King and Kingdom unless they laid down Arms and gave satisfaction All to whom the [4] Ibid. n. 20 30 40 c. His
he had been chosen by the Popes procurement but the execution of these points was delayed until the Octaves of or Eight days after Midsummer after the Treaty King John sent his Mother Alienor to Alfonso King of Castile for his Daughter that was to be married to Lewis An Ayd of 3 â— every Plough-land Son of Philip King of France and in the mean time he passed into England and took of every Plough-land of all England Three shillings for an Ayd Et cepit de unaquaque Carucata totius Angliae tres solidos de auxilio In Lent he went to York expecting the King of Scots would meet him there but he came not and then he returned into Normandy In the mean time [6] Ibidem f. 456. a.n. 30. A. D. 1200. his Mother Alienor had brought her Grandchild and his Niece Blanch as far as Burdeaux The old Queen wearied with the length of the Journey took in at the Abby of Font-Ebrald to refresh her Self Articles of the Treaty between the two Kings executed and the young Lady passed on under the Conduct of the Arch-Bishop of that City into Normandy and was by him delivered to her Uncle King Iohn Eight days after Midsummer as it was appointed the two Kings met and Treated Convenerunt ad Colloquium in which Treaty the King of France delivered to King Iohn the City of Eureux with the Earldom and all the Castles Cities and Lands he had possessed himself of by War in Normandy and the other Dominions of the King of England and King Iohn presently became his Man or did him Homage [7] Ibid. n. 40.50 King John doth Homage to King Philip. Iohannes Rex Angliae statim devenit inde homo Philippi Regis Franciae and forthwith gave all these things to Lewis his Son in Marriage with his Niece who the next day were Married in Normandy by the Arch-Bishop of Burdeaux in the presence of many Bishops and Religious persons and many Earls and Barons of France which was then under the Sentence of Interdict for the Kings Repudâ—tion of Isemburg of Denmark The same day the [8] Ibid. b. l. 1 2 3 4. Duke Arthur doth Homage to King John two Kings were at a Colloquium or Parle at Vernon where Duke Arthur did Homage to his Vncle King Iohn by consent of the King of France for Britany and his other Countreys but was delivered by him to the King of France in custody And that this Peace might remain the more firm the particulars of it were put in writing and it was Agreed that if in any thing The conditions of the Treaty between the two Kings the King of France did violate it then the Barons of France which he assigned his Fide-jussors or Security for the preservation of it and their Men or Homagers were to be free from the Fealty they ought him and were obliged by Oath to go into the service of the King of England to assist him and in like manner the Barons of the King of England that were his Vndertakers and Security obliged themselves to desert him and help the King of France and were freed from their Fealty if he brake it The particulars of this Peace are now of small moment unless that they shew the manner of Estates and way of Living was then the same all France over in Normandy and in England and perhaps in most parts of Europe That part which the King of France executed and remained with the King of England is to be found in Hoveden f. 463. a. n. 10. And that part which the King of England executed and remained with the King of France is to be found in the Norman Writers put out by Dâ— Chesne A. D. 1619. f. 1055. B. This year there happened a famous Tryal about the Title of a Barony which Hoveden hath misplaced A Tryal about the Title of a Barony for it was before the King when he was in England before he returned into Normandy to Marry his Niece and perfect the Treaty which he had begun with the King of France Soon after Christmass as appears by the day and time when it was and for many circumstances and particulars in it may not be unworthy the relating VVilliam de Stutevill [9] Ibid. n. 20 30 40 50. gave King Iohn three thousand Marks of Silver to have a Judgment or determination concerning the Barony of VVilliam de Mowbray which he claimed against him him in the Kings Court. For that Robert Grundebeof the great Grand-father of that VVilliam Stutevill had that Barony from or by the Acquest of England de Adquisitione Angliae But that Robert Grundebeof leaving King Henry Son of VVilliam the Bastard who conquered or subdued England by the Sword Qui Angliam Bâ—llo sibi subjugavit and adhering to Robert Curthose Duke of Normandy claiming the Kingdom of England De Jure paterno by Right from his Father against Henry his younger Brother who was taken prisoner in the Battle between them at Tenerchebray in Normandy and kep in prison to the end of his Life as also was Robert de Grundeveof whose Barony King Henry gave to Nigell de Alvery the great Grandfather of VVilliam de Mowbray This Barony Robert de Stutevill Father of the said William de Stutevâ—ll claimed in the time of Henry the Second against Roger de Mowbray Father of the said William de Mowbray and they came to this agreement That Roger de Mowbray gave to Robert de Stutevill Kirkeby in Moresbevev with their Appertenances for Ten Knights Fees and for the Release of his claim but because this was not confirmed and strengthened in the Kings Court The foresaid William Stutevill renewed the controversy concerning that Barony in the Court of King Iohn And the matter had been long discussed at length by the Counsel of the Kingdom and Will of the King Consilii Regno The determination of the Controversy voluntate Regis Peace and final Concord was made between them in this manner That William de Stutevill renounced his Claim to the Barony and William de Mowbray gave to him for his Homage and renouncing his Right nine Knights Fees and twelve pounds Rent by the year and so releasing all Plaints or Actions on both sides Et sic remissis omnibus Querelis hinc inde they were made friends before King Iohn A. D. 1200. facti sunt amici coram Iohanne Rege Angliae in the Second year of his Reign at Louth in that Division of Lincolnshire called Lindsey on the first Sunday of Septuagesima That is Sunday forthnight before Shrovesundy Presently after the [1] Ibid. f. 457. l. 4. King John Divorced from his Wife Peace before-mentioned was made between the King of France and King Iohn he went with a great Army into Aquitan and found none that resisted him [2] Ibid. n. 10. The same year he was divorced from his Wife Hawis or Avis Daughter to William Earl of Glocester by
Ros in Yorkshire in the Power of the Barons and so marching by the [6] Ibid. n. 50. Borders of Wales he took in many of his Enemies Castles Demolishing some and fortifying others The [7] Ibid. f. 277. lin 1. The Pope Excommunicated the Chiâ—fell of the Barons by name c. Pope having notice from the King that the Barons valued not his General Excommunication of them Excommunicatâ—d the chiefest of them by name and committed the Execution of his Brief to the Abbat of Aâ—â—ndune the Arch-Deacon of Poictou and Master Robert Official of Norwich [8] Append. n. 130. by which he Excommunicated and Anathematised all the Barons with their assistants and Favorers which persecuted the illustrious King John of England Vassal to the Church of Rome and Furthermore he Excommunicated and Anathematized all those who helped them to invade and possesss the Kingdom or hindred any persons from going to and assisting the King He excomunicated the Citisens of London And put the City under Interdict and put all the Barons Lands under interdict he also Excommunicates the Citisens of London that were principal Actors against the King and one and Thirty others by name and their Accomplices and puts the City of London under Ecclesiastic Interdict and all this without Remedy of Appeal This Brief bears Date the 17th of the Kalends of January i. e. December 16th 1215. The [9] Append. n. 131. Cathedral and Conventual Churches injoyned to Declare and publish the excommunication against the Barons Commissioners upon the Receit of the Brief writ to all Cathedral and Conventual Churches injoyning them to Publish this Brief of Excommunication against the Barons and to order it to be Published in the Parish Churches within their several Jurisdictions upon Lords Days and Festivals and injoyned them to Publish thirty other Barons by name excommunicate which were conteined in the Sentence drawn up by Peter Bishop of Winchester Pandulph and the Abbat of Reding Upon the Publication of this Brief only the [1] Mat. Paris f. 278. lin 7. and n. 10. The City of London Contumacious City of London stood Contumacious and Despised it so as the Barons resolved not to observe it nor the Bishops to urge it for that it was generally said the Briefs were obteined by false Suggestions and therefore of no moment and for that especially it belonged not to the Pope to Direct and Govern in Lay-Matters when as the Power and Disposition of Eccclesiastic affairs only was Collated by God to Peter the Apostle and his Successors how came the insatiable Covetousness of the Romans to extend it self to them said they how to our Apostolic Bishops our Barons and Knights behold the Successors of Constantine not Peter they do not the Works of Peter nor are they to be alike to him in Power About the same Time [2] Ibid. n. 20.30 The Isle of Ely taken and plundered Walter Buuk with his Brabanters entred the Isle of Ely by Audrey Causeway Walterus Buuk cum Brabantiis suis versus [*âŽ*] This Herebie that is the Army-Habitation or abiding place was the Old Fortification where part of the Conquerors Army lay at the end of Audrey Causeway against the Isle of Ely now called by the Country people Belsars Hills Herehie Elyensemintrans Insulam While William Earl of Salisbury Faulx and Sabariâ— de Malo Leone passing over the Ice entred it on the contrary side by Stuntney Bridge and wasted and plundered the whole many that fled thither as to a place of Safety were taken and put to Ransom the Cathedral was redeemed from fire by the Prior for the sum of an Hundred and Nine Marks of Silver The Barons [3] Ibid. n. 40. and f. 279. lin 8. The Barons choose Lewis Son to Philip King of France their King being brought this low Condition Consulted together and resolved to choose some Potent Person for their King They pitched upon Lewis Son to Philip King of France because the forreign forces which were King Iohns greatest strength came out of his Territories so that he would be deprived of their assistance and left as it were to their Mercy This generally pleased them and they [4[ Ibid. n. 20. sent Saher Earl of Winton and Robert Fitz-Walter to King Philip and Lewis his Son with Letters sealed with the Barons Seals earnestly Imploring the Father to send his Son to be King of England and the Son that he would forthwith come and be Crowned The King of France having perused the Barons letters told their Commissioners he should not send his Son until for his greater security and send 24 hostages for his Security he should receive Twenty Four Hostages or Pleges of the most noble persons of the Kingdom And the Barons having no other Remedy sent to him so many Hostages according to his own Will [5] Ibid. n. 30. which so soon as Received and put into Safe Custody Lewis prepared for the Expedition he desired above all things He sends forces before his own coming A. D. 1216. and sent before him into England the Castellan of St. Omar the Casâ—llan of Arras Hugh Chacun Eustace de Nevill Baldwin Breul Giles de Melun W. de Bellomonte or Beaumont Giles de Hersi Biseâ— de Fersi with a great Troup of Soldiers to incourage the Barons who came up the Thames to London and were received with great Joy on the Twenty seventh of February About the same time [6] Ibid. n. 40. Stephan Archbishop of Canturbury having given Caution at Rome that he would stand to the Judgment and Determination of the Pope concerning the things before expressed was absolved from the Sentence of Suspension The Archbishop of Canturbury absolved upon Condition he should not return into England until there was a firm Peace Established between the King and Barons At Easter [7] Ibid. The Abbat of Abbendon and his fellow Commissioners finding the Contumacy of the Barons and City of London cum Contumaciam Baronum Londinensis Civitatis Cognovissent wrote to all the Conventual Churches of England [8] Append. n. 132. The Dean of St. Martins and several Chapters in London excommunicated to Publish the Sentence of Excommunication against the Chapters of St. Pauls and St. Martins and G. Boâ—land Dean of St. Martins and the Convent of Holy Trinity for their Contempt to the Pope in not publishing the Sentence against the persecutors of King John and also Commanded them to Excommunicate the Castellan of St. Omar with all his Company that came to invade and possess the Kingdom of England together with all Canons and Clercs within the City under Danger of falling into the Popes displeasure This [9] Mat. Paris f. 245. n. to The Description of the Pope Monk is very Sharp upon the Pope concerning these Excommunications and saith that King Iohn knew and had learnt by much experience That he was ambitious and proud above all Mortals and insatiably thirsty after
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
but heard his Pleasure and the Business he had with them from his Commissioners or Messengers Walter Archbishop of York Richard Earl of Cornwal and Walter Provost of Beverly By whom they advised the King to send to the King of France for amends if he had done any thing contrary to the form of the Truce between them and not to Declare War until the time of it was expired If he had done any Injury and that it could be proved and denyed Restitution they would assist him according to their Abilities They counted many Aids they had given him and remembred especially the last of a 30th part of their Moveables which was by stipulation to have been expended by the advice and oversight of four Barons for the Benefit of the King and Kingdom And seeing they had not heard of any expended by their Advice they did believe the King had all that Money by him which he might now make use of and told them the King by keeping many Bishopricks in his hands by the Escheats of the Lands of Earls Barons and Knights by Fines and Amerciaments his Itinerant Justices had set upon Counties Hundreds Cities Burghs and Towns had of late raised a great Summ of Money When the Kings Commissioners asked them What if the King of France should break the Truce before it expired And promised them in behalf of the King That if he had done any Injury to any of the great men he would make satisfaction according to the Judgement of Peter of Savoy and others of his Council To the first the Barons Answered as they had before concerning him To the Second they said they had heard those things formerly when they Granted the 30th part of their Moveables But whether they had been performed they left that to the King himself and so remained Resolute in not Granting the King an Ayd Not one Word here of any Billingsgate Language or Revileing of the King with which the Monks report doth very much abound When King Henry 's [2] fol. 582. n. 40. King Henry prepares for his Expedition The Earl of March his promise Designs were known to the King of France he prepared 24 Gallies to hinder the English from landing at Rochel in the mean time King Henry was only busied in providing money for the Earl of March had promised to procure Men enough Then Peter of Savoy Earl of Richmond and Peter [3] f. 583. n. 10. The Kings Messengers to the Poictovins hardly escaped the French Bishop of Hereford were sent into Poictou to secure the King of England what assistance and friends they could among the Poictovins But both of them very hardly escaped being taken by the French returned again to England without effecting any thing to purpose Against Easter [4] Ibid. n. 20. The Kings Summons to the Military Men not in the usual Tenor. He commits the Kingdom to the Arch-Bishop of York and passes over Sea A contract between his Daughter and the King of Scots eldest Son the King sent out Summons to those that ought him Military Service to meet him at Portsmouth not with Horse and Arms according to the usual tenor but in lieu of their Service with a great Summe of Money cum Magna pecuniae summa Then the King having committed the custody of the Kingdom to the Arch-bishop of York and received into his favor the Bishop of Chichester formerly his Chancellor and recalled Ralph Fitzâ—Nicholas and Godfrey Craucumb he took Ship at Portsmouthâ— with Queen Alienor Earl Richard and seven other Earls and landed in Gascoigny where they were received by Reginald de Pontibus and the Great Men of that Country and for the better secuâ—y of his Affairs at home a Marriage was agreed upon between â—lexander Eldest son to the King of Scots and Margaret his Daughter and that part of the Kingdom which bordered upon Scotland was committed to the Care of that King at the time he should be beyond Sea The King of France was not idle all this while but [5] fol. 584. n. 30 40. The number and quality of the French Army prepared a great Army which consisted of 4000 Knights exactly Armed and 20000 Esquires or Servants Crossbow men and Common Soldiers besides a dayly confluence of men from all parts of his Dominions towards Poictou He marched with his Army and set down before Fontenâ—y a Castle of the Earl of March In the time of the Siege the King of England sent Ralph Fitz Nicholas and Nicholas de Molis to the King of France to [6] fol. 587. n. 10 King Henry sendeth Messengers to the King of France They are kindly received and Answered declare War unless he would submit to his desires The King of France received them very kindly and answered that he was so far from breaking the Truce that he was willing it should be continued [7] Ibid. n. 30. three years longer and would consent he should have delivered to him the greatest part of Normandy and Poictou but wondred his Cousin of England should think that he infringed the Truce in the least when he endeavoured only to correct and repress the insolence of his own men suos homines that proved Rebels and Traytors to him and that he should be so much concerned for the Earls of March and Thoulouse and thought he had violated the Truce in receiving and incouraging his Rebellious Subjects and Enemies With this Answer the [8] fol. 588. lin 1. King Henry refuseth the offers of the King of France Messengers returned to the King of England who would not hear of renewing the Truce but sent some Hospitallers in his Name to defie the King of France who now began to [9] Ibid. n. 10. The King of France concerned for the Oath of his Father Lewis to King Henry His scruples are satisfied His Successes against the Earl of March his Castles repent he had made so fair Overtures for Peace and expressed his Sorrow that the King of England should be thus wheadled by the Earls of March and Tholouse and shewed himself most concerned for the Oath his Father Lewis had made to King Henry when he left England But one of his Great Men replyed That that Oath was mutual and that the King of England had violated his part when he broke his promise to Lewis his Accomplices and caused Constantine a Citizen of London to be hanged for defending your Fathers Honor. This satisfyed the Kings Scruples and then he proceeded to make a vigorous attack upon the Castle which after 15 days Siege was taken by assault contrary to the confidence of all the Poictovins and the Earl of March his Son and all his Accomplices were made Prisoners When some that were about the King advised that they might be executed for a Terror to other Rebels He replyed The Son obeyed his Father They all Surrender or Capitulate and the rest the Command of their Lord and upon that Account neither of them deserved Death
importunity urged the Payment of it [7] f. 850. n. 30 40. But could not gain a complyance they answered him That both the Arch-bishops of Canturbury and York were absent and they could not do any thing without the consent of their Primate's At the same time the King [8] f. 852. n. 10 20. demanded of the Citizens of London Twenty Marks of * That is 9 or 10 score Marks in Silver Gold and also to their prejudice continued the Westminster Fair for fifteen dayes and would not allow them to open their Shops all that time Soon after he [9] f. 853. n. 40 50. The Great men called to consult about the Gascoign Affairs They reflect upon the Gascoigns and favour Leicester called his Great men together to consult with them about the Affairs of Gascoigny When they were met they urged on the behalf of the Earl of Leycester That the Gascoigns were infamous and rebellious as appeared by their treating of their King when he was among them and that they had practised Robery and depredations on Travellers and that the Earl of Leycester had three years and a half yet remaining in his Charter by which the Government of that Country was committed to him The King was not at all pleased to find his Great men so ready to excuse the Earl for he determined to have dealt with him as a Traytor When the Earl had Notice of the Kings design he replyed [1] fol. 854. l. 1. I am very well satisfyed that the King would destroy me to enrich some Provincial or Poictovin with my Earldom And so the Council was dissolved the King being equally dissatisfied with the Secular Great men as with the Prelates so as he thought to send for a Legat who might force the Clergy by Apostolic Authority to answer his Demands On the 11 of November [2] f. 856. n. 40. Albert the Popes Notary his offer to Earl Richard Albert the Popes Notary came into England to perswade Earl Richard who was known to be wealthy above all the Great men of the West to accept the Popes Offer of the Kingdoms of Apulia Sicily and Calabria neither was he unmindful of himself but let the Bishops [3] fol. 859. n. 40. know that he was the Popes favourite and that Presents and Benefices would be very grateful and acceptable to him This year [4] fol. 859. n. 40. The yearly revenue of the Italian aâ—d Foreign Clercs the Bishop of Lincoln employed one of his Clercs to take an exact account of the yearly Revenue that Italians and Foreign Clercs were possessed of in England and it was found to amount to above 70000 Marks by the Year and the Kings bare Revenue at the same time scarce reached to one third of that Summ. Reditus Regis merus non ad ejus partem tertiam computatur Simon Montfort Earl of Leicester this year [1] Paris f. 863 lin 1. Montfort resigns his Patent of the Custody of Gascoigny Alphonso King of Castile his pretences to it Resigned his Chart or Patent of the Custody or Stewardship of Gascoigny which he had obteined of the King for five years He purchasing him out of the remainder of his Term which was three years and conferred that Government upon his Son Edward Alphonso King of Castile so soon as he found the Earl of Leicester had quitted his Charge and it was left to the management of a Child [2] Ibid. n. 10. pretending a Grant of that Country from King Henry the Second confirmed by Richard the First and King John Many of the Nobility of Gascony left King Henry and joyned themselves to Him The Citizens of Burdeaux that were faithful to the King of England gave him notice That unless he sent them a quick and powerful assistance he would lose the whole Country [3] Ibid. n. 20. The King was troubled he had removed Montfort who was gone into France and then past Recalling and Earl Richard had been supplanted after he had obteined a Patent of that Government so as he behaved himself warily and silently In Lent many Reports came from [4] f. 864. l. 4. The English Affairs in Gascoigny in an ill condition Gascony That Reole Castle and several others were taken from the English The King was startled at this News and caused Proclamation to be made and sent his [5] Append. n. 178. Writs into every County that all men should be Armed and Mustered according to Ancient Custom and that Watch should be kept in Cities and Towns About the [6] Paris f. 864. n. 40. middle of April the Gascoigns fell one upon another invaded each others Castles made Captives on both sides burnt and wasted their Houses and Lands The King being in great streights had [7] Ibid. n 50 The King reduced to great streights for want of Money taken Extraordinary Courses to raise Money no ways agreeable to the people nor according to use and Custom and yet wanted a very large Summ for the Expedition he intended into the Holy Land Thereupon called a [8] f. 865. n. 40. A Parlement called at London Ibid. n. 50. The Bishops offer the King Money but upon conditions Parlement to consult about the Difficult Affairs of the Kingdom fifteen Days after Easter In Quindena Paschae tota Edicto Regio convocata Angliae nobilitas convenit Londini de arduis Regni negotiis simul cum Rege Tractatura The Nobility met accordingly and he demanded a very great supply of Money from them After much Controversie [8] f. 865. n. 40. A Parlement called at London Ibid. n. 50. The Bishops offer the King Money but upon conditions the Arch-Bishop of Canturbury the Bishops of Carlisle Salisbury and the Elect of Winchester were sent to the King by the Bishops and all the Prelates to persuade and induce him as he had often promised upon Oath to permit Holy Church to injoy all her Liberties and especially those concerning Elections in which chiefly as they said Ecclesiastick Liberty Consisted and if he would Correct this Error and those concerning the Liberties conteined in Magna Charta they would strain hard to satisfie his desires After [1] f. 866. n. 20 30. The business of the Cross encouraged A Tenth of all Church Revenues granted to the King for three years The Military men grant an Ayd of three Marks for that year fifteen days Debate of this and other things they came to this Resolution by unanimous agreement That the Kings Intentions of taking upon him the Cross were Pious and that they should not want their effect nor should the state of the Church or Kingdom receive Detriment and therefore the Clergy Granted him the Tenth of all Church Revenues for thrâ—e years for the Relief of the Holy Land against the Enemies of God to be Received by the oversight of Great Men. And the Military men gave him for that year three Marks of every Knights Fee Upon which the
Transgressiones Excessus eisdem Civibus c. remittimus pardonamus c. And gave them leave to receive the Rents of their Houses and Tenements within the City and without due from Christmass then last past and granted they should have the Goods and Chattels of such Malefactors as had been against himself or his Son Edward in the late War and had been or were to be indited Except the Goods and Chattels of those whose Bodies he had given to his Son Edward Exceptis Bonis Catallis eorum quorum Corpora eidem filio nostro concessimus And except the Houses Lands and Rents which were or ought to be his Escheats by reason of the Offences of the Owners and Granted all Prisoners should be Released except such whose Bodies he had given before to his Son and except such Prisoners as were taken by the Citizens and had been or were to be Indited Also that all Pleges of Citizens for the security of the City which had been delivered to the King except such as were Pleges or Hostages to his Son for his Prisoners and except the Pleges of Citizens that were fled And further he Granted the Citizens liberty to trade by Land or by Sea as freely as they had done in former times free from Custom Toll or Payage until the state of the City should fully be setled by his Council or by his Advice Quousque de Statu Civitatis praedictae de Consilio nostro plenius Ordinetur And directed That no Citizen who in the late Troubles appeared by manifest proof to have been Enemy to himself or Son for the future should remain or be Conversant in the City Dated at Northampton the 10th of January There was an [2] Ibidem Order from the King to John [2] Ibidem Walerand and John de la Lind his Guardians of the City of London reciting That whereas he had received into his Peace or Favour the Citizens of London according to a Form Granted in his Letters Patents That they should release the Pledges of the Citizens they had in their custody and permit them to go whether they would Except c. Witness the King at Northampton the 11th of January The like Letters were directed to the Constable of Rochester Castle with the same Teste All the [3] Pat. 50. H. 3. M. 29. Dors The Disinherited had a time set to make their peace with the King Disinherited for by that name now all the Rebellious Barons and their Confederates were known and distinguished had leave and safe conduct to come to the King until Easter to Treat with him and make their peace and to return without injury or affront to the place from whence they came Witness the King at Westminster the 11th of February The King [4] Pat. 50. H. 3. M. 24. wrote to the Bishops and all other Praelates that is Abbats Priors c. these were called Praelati in England That when he was in the Custody of Simon Montfort they had Collected a [5] Claus 48. H. 3. M. 3. Dors Dated the first of September by which Record it appears to be so Tenth of all the Church Revenues in England for one Year for the Defence of the Kingdom and Church of England as it was said pro Defensione Regni Angliae Ecclesiae Anglicanae sicut Dicebatur He now being willing it should be expended for the true defence and profit of them both commanded them to pay the Tenth so Collected unto the Bishops of Bath and Wells and Lichfield and Coventry appointed receivers of it by himself and Ottobon the Legat according to the Form of the Mandate of the said Legat to them directed Witness the King at Westminster the 15th of March. The Kings Forces though they were before [6] Paris f. 1000. n. 30. Kenelworth Castle refuse to submit Kenelworth Castle yet they had not so streightned it but the Defendents which were very numerous [7] Claus 50. H. 3. M. 5. Dors Their barbarous usage of one of the Kings Messengers made Excursions plundred and burnt the Countries and took one of the Kings Messengers passing by them and cut off his Hand and in contempt of the King sent him to him [8] Ibidem Quendam de nunciis nostris nuper per partes illas transeuntem that is by Kenelworth Castle Ceperint ei manum truncarint ac ipsum sic truncatum turpiter Mutilatum ad majorem nostri contemptum ad nostri praesentiam transmiserint c. [9] Ibidem He resents it very ill To revenge such an impious affront the King commanded all and singular omnibus singulis the Sheriffs of England should publish in their Counties and all Market-Towns of their Counties and also then and there make Proclamation That all who ought him Service should Personally appear with Horse and Arms and besides their Service with all the Force they could make to Oxford within three weeks after Easter to go with him against his Enemies and Rebels in Kenelworth Castle and other where and ordered Watches to be set in Towns and Burghs of every County that if any of his Enemies passed through them they might be arrested and delivered to the Sheriff and if they would not or could not be taken then the Watch-men and others to levy Hue and Cry every way and follow them night and day with the Inhabitants of the Towns through which they passed until they were taken Dated at the same time and place as the last April 30th this year [1] Pat. 50 Hen 3. m. 1â— m. 49. The Kings Grant to thâ— City of London to choosâ— a Sheriff for Middlesex the King Granted the Barons and Citizens of London might choose one of their Fellow Citizens who had been Loyal to him and his Son Edward Qui nostrae Edwardi primogeniti nostri fidelitati hactenus adhaesit to the Office of Sheriff of Middlesex and Keeper or Guardian of the City of London so as he should be presented at the Exchequer and take his Oath of Fidelity or Fealty Sacramentum Fidelitatis there as had been accustomed and should also answer the Farms of them at the Exchequr as the Sheriffs of Antient Time had done Dated at Northampton 30 April It was spread [2] Cl. 50. Hen. 3. m. 5. Dors. about the Kingdom that the Barons and Confederates were Disinherited without Judgment of the Kings Court in Detraction to his Justice He therefore caused Proclamation to be made in all Burghs and Market-Towns He promised remedy to such as found themselves injured that if any of them found themselves injured by himself or any of his Councellors in that behalf he should come to his Court and do and receive Right according to the Law and Custom of the Kingdom Witness the King at Northampton May 3d. Nay so just he was that when [3] Cl. 50. Hen. 3. m. 10. Dors. An instance oâ— his Justice Robert de Andewerk was accused by his Enemies
de Pistes Herbertus filius Remigii Willielmus filius Richardi Robertus filius Rolf. Goscelinus de Rivere Wido de Reinbodcourth Reinbaldus Heraldus filius Radulfi Comitis Rogerus filius Radulfi Osbernus filius Ricardi Richardus Rainaldus Restoldus Robertus filius Roscelini Rogerus filius Reinardi Rohais Vxor Ricardi Raynerius Roger. de Ramis S EDwardus de Sareberie Willielmus filius Stur Robertus de Stadford Radulfus filius Scifrid Hugolinus Stireman Ricardus Sturmie Willielmus de Scoies alias Scohies Osbernus de Salceid Hardvinus de Scalers Gislebertus filius Salomonis Willielmus Speck Walterus frater Seiherii Siboldus Nigellus de Stadford Saisselinus Hugo de Sancto Quintino Stanardus Starcolfus Swain Sortebrand Sanctus Stephanus de Cadamo Eudo filius Spirwic Regis Servientes T HEnricus Thesaurarius Durandus Tonsor Radulfus de Todeneio Gislebertus filius Turoldi Judahel de Todenais Robertus de Todeneio Richardus de Todeneio Radus Tailebosch Berengarius de Todeni Turchillus Ilbertus filius Turoldi Gislebertus Tisun Ivo Tailebosch Willielmus Tailebosch Filia Radi Tailebosch Azelina Vxor Ejus Adelina faemina Ejus Ricardus de Tunbridge Tovi Tonnus Ricardus filius Turolfi Oswaldus Theodericus Regis Taini V WAleranus Venator Croc Venator Ainulfus Vicecomes Swain Vicecomes Haimo Vicecomes Baldewinus Vicecomes Durandus Vicecomes Humfridus vil de Leci Albericus de Ver. Petrus Valoniensis Bertram de Verdono Robertus de Veci vel Vesci Walterus Vernon Vlchetellus Vlmarus Vlveva Vinemarus Vxor Hugonis Vxor Rogeri de Luri Vxor Radulfi Capellani Vxor Hervei de Helion Vxor Geri Willielmus de Verci Regis Valvasores Robertus de Verli W WIllielmus de Warrenna Willielmus filius Widonis Ranulfus de Sancto Walerico Walterus de Sancto Walerico Aluredus Nepos Wigoti Johannes filius Walerani Willielmus Osbernus filius Walteri Winemarus Goisfridus de Wirce Turchillus de Warwice Robertus filius Willielmi Johannes Nepos Walerani Willielmus de Watevilla Walterius Odo de Wirecestre For further satisfaction any man may compare this Alphabetical Catalogue with the Catalogue of all the Tenents of all the Towns Parishes and Lands described in every County as they are placed first in each County and have their Titles in the Survey it self according to their respective Number whereby he will find That these were all the Tenents in Capite or that held in Serjanty of King William the First and that they held all the Lands in England of him by immediate and others of them by mediate Tenure Charta Regis Willielmi Primi qui secernit placita Ecclesiastica à Causis Civilibus W. Dei Gratiâ Rex Anglorum R. Bainardo G. de Magnavillâ N. 11 Spelm. Co◠vol. 2. fol. ◠A. D. 10◠P. de Valoines caeterisque meis fidelibus de Essex Hertfordschire de Middlesex salutem Sciatis vos omnes caeteri fideles mei qui in Anglia manent quod Episcopales leges quae non bene nec secundum Sanctorum Canonum praecepta usque ad mea tempora in regno Anglorum fuerint Communi Concilio Concilio Archiepiscoporum Episcoporum Abbatum omnium Principum Regni mei emendandas judicavi propterea Mando regia authoritate praecipio ut nullus Episcopus vel Archidiaconus de legibus Episcopalibus amplius in Hundret placita teneant Nec causam quae ad regimen Animarum pertinet ad judicium Secularium hominum adducant Sed quicunque secundum Leges Episcopales de quâcunque causâ vel culpâ interpellatus fuerit ad locum quem ad hoc Episcopus elegerit nominaverit veniat ibique de causâ vel culpâ suâ respondeat non secundum Hundret sed secundum Canones Episcopales leges rectum Deo Episcopo suo faciat Si vero aliquis per superbiam elatus ad justitiam Episcopalem venire contempserit noluerit vocetur semel secundo tertio Quod si nec sic ad emendationem venerit excommunicetur si opus fuerit ad hoc vindicandum fortitudo Justicia regis vel Vicecomitis adhibeatur ille autem qui vocatus ad Justitiam Episcopi venire noluerit pro unaquaque vocatione Legem Episcopalem emendabit Hoc etiam defendo mea authoritate interdico ne ullus Vicecomes aut Praepositus seu Minister Regis nec aliquis Laicus homo de Legibus quae ad Episcopum pertinent se intromittat Nec aliquis laicus homo alium hominem sine Justiciâ Episcopi ad judicium adducat Judicium vero in nullo loco portetur nisi in Episcopali sede aut in alio loco quem Episcopus ad hoc construeret Willielmus Dei Gratia Rex Anglorum tam Clericis quam Laicis N. 12 per Angliam constitutis salutem Ibid. fol. ◠Notum sit vobis me concessisse confirmâsse assensu Lanfranci Archiepiscopi Cantuariensis Stigandi Episcopi Cicestrensis Concilio etiam Episcoporum ac Baronum meorum ut Ecclesia Sancti Martini de Bello quam fundari ex voto ob victoriam quam mihi Deus in eodem loco contulit libera sit quieta in perpetuum ab omni servitute omnibus quaecunque humana Mens excogitare possit cum omnibus dignitatibus consuetudinibus regalibus quas ei regali authoritate concessi sicut Chartae meae testantur Volo itaque firmiter praecipio quatenus Ecclesia illa cum Leugâ circumquaque adjacente libera sit ab omni Dominatione Oppressione Episcoporum sicut illa quae mihi coronam tribuit per quam viget Decus nostri regiminis Nec liceat Episcopo Cicestrensi quamvis in illius Dioecesi sit in Ecclesiâ illâ vel in Maneriis ad eam pertinentibus ex consuetudine hospitari contra voluntatem Abbatis nec Ordinationes aliquas ibidem facere nec Abbatiam in aliquo gravare sed neque super illam Dominationem aliquam aut vim vel potestatem exerceat sed sicut Dominica mea Capella libera sit omnino ab omni exactione Ad Synodum vero Abbas ire non summoneatur nec compellatur nisi propria voluntate pro aliquo negotio ire voluerit Nec Monachos suos ubi sibi opportunius viderit ad sacros ordines promoveri facere prohibeatur Nec Altarium Sacrationes Confirmationes vel quaslibet Episcopales benedictiones Abbatis vel Monachorum requisitione à quolibet Episcopo ibidem libere fieri ab aliquo contradicatur Hoc etiam regali authoritate Episcoporum Baronum meorum attestatione constituo quatenus Abbas Ecclesiae suae Leugae circumjacentis per omnia Judex sit Dominus Defuncto Abbate de âdem Ecclesia Abbas eligatur nisi forte quod absit ibidem idonea persona reperiri non possit Hanc Constitutionem meam sic voto regali authoritate confirmatam nullus successorum meorum violare vel imminuere praesumat Quicunque igitur contra libertates vel dignitates ejusdem Ecclesiae
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
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
in the Kings Mercy and were not amercied or fined Of Incroachments upon the Kings Lands his High-Ways diverting or stopping Water-Courses incroaching upon Streets in Cities and Burghs c. Purprestures or the Kings Ways streightned Of Treâ—sure found Of Malefactors and their Receivers Of Fugitives who had been accused and were returned since the last Assise Of all Weights and Measures and Ells renewed and if See the Statute oâ— Assise of Weights and Measures before Four Men that were appointed to look after them in every Town that is City Burgh or Mercate Town had done as the Statute required and had attached or prosecuted the Transgressors or not if not they were to be punished as the Transgressors All his Wine that sold contrary to the Assise or Statute was to be seised to the Kings use and the Owners and Sellers of the Wine were to be in the Kings Mercy that is to be punished by him They were to inquire how many Hydes and plough-Plough-Lands there were in every County and whether the Officers appointed to assess and collect the five Shillings upon every Plough-Land had done their duty and had received it of all or concealed any Of the Officers of Sea-Ports if they had received any thing they had not given an account of or taken any thing for concealing the Kings Right or if any one had received any thing that was not appointed a Receiver They were to inquire if all came as they ought that were summoned by the Kings Justices and what they were that came not and what their Names Before Hoveâ— f. 445. b. â— 30.40 this Iter or these Circuits of the Justices were over the Iter or Circuit of the Forests began The King commanded Hugh Nevill Chief Justice of All the Forests in England Hugh Wac and Ernis Nevill That in every County through which they went They should Summon to appear before them at the Pleas of the Forest the Archbishops Bishops Earls Barons and all Free Tenents and the Reeve and Four Men of every Town to Hear the Kings Commands This is the Assise of the Lord the King and these are his Precepts concerning his Forests in England made by the Assent and Advice of the Archbishops Bishops Earls Barons and Knights of the Whole Kingdom THe King Declares That if any one forfeits to him concerning his Venationem Venaison Fren. Venison Engl. Venison or his Forests in any thing he is not to trust to this That he shall only be punished in his Goods as hitherto For if after that time any one forfeited and was Convicted he should have full Justice done upon him as it was in King Henry his Grandfathers time That is he should Lose his Eyes and Testicles Also the King forbids that any one have Bowes and Arrows or Hounds or Greyhounds within his Forests unless he had the Kings Warrant or the Warrant of any other that was of right able to protect him Also the King forbids That no man give or sell any thing to the Destruction of his Wood nor do Wast in his Forest But he Grants that any Man may take of his own Wood as much as he shall have need of without wast and this by the oversight of his Forester and Verders Also the King Commands that they who have Woods within the Bounds of the Forest do set good Forestarios must be so translated here and the word will bear it for Foresta in a strict fence signifies Silva Saltus c. Woodmen to look after them and such as they will be answerable for or such as can give security to make satisfaction if they offend in any thing that belongs to the King Also he Commands that his Foresters take care of the Woodmen of Knights or others which have Woods within the Bounds of the Kings Forest that they do not destroy the Woods For if their Woods were destroyed he let them know whose Woods they were he would take satisfaction of their Lands and not from any other Person Also the King Commands that his Foresters shall Swear that according to their whole power they shall keep his Assize or Law which he hath made concerning his Forests and that they shall not vex or trouble the Knights or Worthy men about what he granted them concerning their Woods Also he Commands that in every County wherein he hath Venison there shall be twelve men appointed to preserve his Venison and Viride that is the Green-Wood and Herbage of the Forest Green-hue in his Forests And that there shall be Four Knights appointed to Agist his Woods that is take in a certain number of Cattle to feed there a certain time or to assign the number of Cattle to such as had right to feed in the Forest and to Receive his Pasnage or Pannage that is the money due for such feeding and to preserve it that it should not be diminished Also he commanded no man might agist his Woods that is put their cattel into them within the bounds of his Forest before their own Woods were agisted And it is to be noted that the Kings Agistment or right of feeding Catrel in the Woods and Forest begins fifteen days before Michaelmass and continues fifteen days Here must be some mistake but how well to rectifie it I know not after Also the King Commands That if his woods that were in his own hands or in Demeasn were destroyed and his Forester could not tell how his Body should be Imprisoned Also he commanded that no Clerc should offend concerning his Venison or Forests and that if his Foresters found them offending they should take them and he would Warrant them therein Also the King commanded that all Essarts as well old as new this is places where underwood and bushes had been Stubbed up and the land ploughed and sown which were within Regard or View of the Forest should be viewed once in three years and in like manner all purprestures and Wasts in Woods and that every one should be in rolled by it self Also the King Commanded that the Arch-Bishops Bishops Earls Barons Knights and Free-Tenents and all men of his land should come to the Pleas of the Forest at the summons of his Master Forester It was also forbidden at the pleas of the Forest that no Cart or Wagon should go out of the way in the Forest nor Hogs be in the Forest at the time of Fannatio the time when the Do's Fawn Foineson or Faoneson from the French Faon a Fawn Foinesun that is to say fifteen days before St John Baptist and fifteen days after and 't is to be noted that he which takes Venison in the Kings Forest and shall be thereof attainted shall be in the Kings Mercy as to the losing of his Eyes and Testicles and he that offended in the Kings Forest in the Green-hue or Vert by chopping down Trees or lopping of the Branches by Digging Tarves or slaying that is taking the Green-Sword of the Ground by cutting away the under part of Thickets
Judaeis If any one shall die indebted to the Iews his Wife shall have her Dower and pay nothing of that Debt And if the Defunct left Children under Age they shall have Necessaries provided for them according to the Tenement i. e. the Real Estate of the Defunct and with the Residue or Overplus the Debt shall be paid saving the Service of the Lords on whom his Tenement is holden In like manner the Debts due to other Persons than Iews shall be satisfied XIV Nullum Scutagium vel auxilium ponam in regno nostro nisi per commune consilium Regni nostri nisi ad corpus nostrum redimendum ad primogenitum filium nostrum militem faciendum ad primogenitam filiam nostram semel maritandam Et ad hoc non fiet nisi rationabile auxilium I will not Exact or Levy any Scutage or Aid in our Kingdom without the Common Advice or Counsel of our Kingdom unless to Redeem our Body and to make our eldest Son Knight and once to Marry our eldest Daughter and for this there shall only be paid a Reasonable Ayd XV. Simili modo fiat de auxiliis de Civitate Londinensi Civitas Londoniensis habeat omnes antiquas libertates liberas consuetudines suas tam per terras quam per aquas In like manner it shall be concerning the Ayds of the City of London and the City of London shall have all its Ancient Liberties and Free Customs as well by Land as by Water XVI Praeterea volumus concedimus quod omnes aliae Civitates Burgi Villae Barones de quinque portubus omnes portus habeant omnes libertates omnes liberas consuetudines suas ad habendum commune consilium Regni de auxiliis assidendis aliter quam in tribus casibus praedictis Furthermore We Will and Grant That all other Citiâ—s and Burghâ— and Towns and Barons of the Cinque or Five Ports and all Ports shall have all their Liberties and Free Customs and shall have the common advice of the Kingdom concerning the Assessment of their Ayds or shall send their Representatives or Commissioners to the Common Council of the Kingdom for the Assessment of their Ayds otherwise than in the three Cases aforesaid XVII Et de Scutagiis assidendis submoneri faciemus Archiepiscopos Episcopos Abbates Comites Majores Barones regni singillatim per literas nostras And for the Assâ—ssing of Scutages We shall cause to be summoned the Archbishops Bishops Abbats Earls and great Barons of the Kingdom singly and personally by our Letters i. e. Writs XVIII Et praeterea faciemus submoneri in generali per Vicecomites Ballivos nostros omnes alios qui in capite tenent de nobis ad certum diem scilicet ad terminum quadraginta dierum ad minus ad certum locum in omnibus literis submonitionis illius causam Submonitionis illius exponemus And furthermore we shall cause to be summoned in general by our Sheriffs and Bayliffs All others which hold of us In Capiâ—e at a certain day That is to say Forty days at least I suppose before the time of meeting though not expressed and to a certain place In all Writs of such Summons We will declare the cause of it XIX Et sic facta submonitione negotium procedat ad diem assignatum secundum consilium eorum qui praesentes fuerint quamvis non omnes submoniti venerint And Summons being thus made the Business mentioned in them shall proceed according to the Advice of such as shall be present although all that were summoned come not XX. Nos non concedimus de caetero alicui quod capiat auxilium de liberis hominibus suis nisi ad corpus suum redimendum ad faciendum primogenitum filium suum militem ad primogenitam filiam suam semel maritandam ad hoc non fiat nisi rationabile auxilium We will not for the future grant to any one That he may take Ayd of his Free-Men unless to Redeem his Body and to make his eldest Son Knight and once to Marry his eldest Daughter and for this there shall only be paid a reasonable Ayd XXI Nullus distringatur ad faciendum majus servitium de feudo mllitis nec de alio libero tenemento De est verbum quam quod inde debetur No Man shall be distreined to perform more service for a Knights Fee or other Free Tenent than what is due from it XXII Communia placita non sequantur curiam nostram sed teneantur in aliquo loco certo Recognitiones de nova disseisina de morte antecessoris de ultima praesentatione non capiantur nisi in So in a Manuscript Book of Laws in Corpus Christi Library in Cambridge Comitatibus suis hoc modo Nos vel si extra regnum fuerimus capitalis Justitiarius noster mitâ—et Justitiarios nostos per unumquemque comitatum per tres vices semel in anno qui cum militibus Comitatuum capiant in Comitatibus assisas praedictas Common Pleas shall not follow our Court but shall be holden in some certain place Tryals upon the Writs of Novel Disseisin Death of the Ancestor and last Presentment to Benefices shall not be but in their proper Counties and after this manner We or if out of the Kingdom our Capital or Chief Justiciary shall send our Justiciaries through every County once in a year who with the Knights of the Counties shall hold those Pleas and Tryals or take Verdicts concerning them XXIII Et ea quae in illo adventu suo in Comitatibus per Justiciarios praedictos ad praedictas assisas capiendas missos terminari non possunt per eosdem propter difficultatem articulorum aliquorum terminari non possunt referantur ad Justiciarios nostros de Banco And those things which at the coming of the Justices into the Counties sent to take or hold the said Tryals or Assises cannot be determined shall be determined otherwhere in their Circuit or Iter And those things which for the difficulty of some Articles cannot be determined are referred to our Justices of the Bench. XXIV Assisae de ultima praesentatione Ecclesiarum semper capiantur coram Justiciariis de Banco ibi terminentur Assises of the last Presentation of Churches shall always be taken before the Justices of the Bench and there determined XXV Liber homo non amercietur pro parvo delicto nisi secundum modum ipsius delicti pro magno delicto secundum magnitudinem delicti salvo From the word Continere signifying Alere sumptus facere from whence Contenementum signifies Livelyhood or way of Living Du Fresa in the word Contenementum contenemento suo Et mercator eodem modo salva marchandisa sua A Freeman shall not be amercied for a small fault but according to the manner of the fault and for a great Crime according to the heinousness of it saving his Livelyhood and
after the same manner a Merchant saving his Ability to Trade or Merchandize XXVI Et villanus alterius quam noster eodem modo amercietur salvo From Gagnagium a French word thence Wagnagium Wannagium Gaignage Agriculture or Tillage sometimes it signifies Horses and all Implements for Tillage and sometimes the Crop Wannagio suo si inciderit in misericordiam nostram Et nulla praedictarum misericordiarum ponatur nisi per Sacramentum proborum legalium hominum de Visneto Comitatus And a Villan i. e. a Rustic or Husbandman other than ours shall be amercied after the same manner saving his Ability to Till his Land and Exercise Husbandry If he falls under our Punishment and none of the foresaid Amerciaments shall be set but by the Oath of twelve knowing and lawful Men of the Vicenage and of the same County XXVII Comites Barones non amercientur nisi per pares suos non nisi secundum modum delicti Earls and Barons shall not be amercied but by their Peers and only according to the Quality of the Crime or Offence XXVIII Nullae Ecclesiastica persona amercietur secundum quantitatem beneficii sui sed secundum laicum tenementum suum secundum quantitatem delicti No Ecclesiastic Person shall be amercied according to the Quantity of his Benefice but according to his Lay-Tenement and the Quantity of his Offence XXIX Nec villa nec homo destringatur facere pontes ad riparias nisi qui de antiquo jure facere debent Neither Town nor any particular Person shall be distreined to make Bridges over Rivers unless that antiently and of right they ought to do it XXX Nulla riparia de cetero defendetur nisi illa quae fuerat in defenso tempore Henrici Regis avi nostri No River for the future shall be imbanked but what was imbanked in the time of King Henry our Grandfather XXXI Nullus Vicecomes Constabularius Coronator vel alii Ballivi nostri teneant placita Coronae nostrae No Sheriff Constable Coroner or other Officer of ours shall hold Pleas of the Crown XXXII Omnis Comitatus Hundredi Wapentag Thretingi sint ad antiquas firmas absque ullo incremento exceptis Dominicis maneriis nostris All Counties Hundreds Wapentachs and Trihings shall stand at the Old Farm without any increase except our The Sheriffs anciently used to let and manage the Kings Maners and answer the Profits Demeasn Lands XXXIII Si aliquis tenens de nobis laicum feudum moriatur Vicecomes vel Ballivus noster literas nostras ostendat patentes de submonitione This word non ought not to be here non de debito quod defunctus nobis debuit liceat Vicecomiti vel Ballivo nostro attachariare imbreviare catalla defuncti inventa in laico feudo ad valentiam illius debiti per visum legalium hominum ita tamen quod nihil inde amoveatur donec persolvatur debitum nobis quod clarum fuerit residuum relinquatur executoribus ad faciendum testamentum defuncti Et si nil nobis debeatur ab ipso omnia catalla cedant Forsan potius Executori defuncto salvis uxori ejus pueris suis rationabilibus partibus If any one that holds of us a Lay-Fee dies and the Sheriff or our Bayliff shews our Letters Patents of Into the Exchequer Summons concerning the Debt due to us from the Defunct it shall be lawful for the Sheriff or our Bayliff to Attach and Register the Chattels of the Defunct found upon his Lay-Fee to the value of the Debt by the view of Lawful Men so as nothing be removed until our clear Debt be paid and the rest shall be left to the Executors to fulfil the Will of the Defunct and if there be nothing due from him to us all the Chattels shall remain to the Defunct rather Executor saving to his Wife and Children their reasonable shares XXXIV Si aliquis liber homo intestatus decessit catalla sua per manus propinquorum parentum amicorum suorum per visum ecclesiae distribuantur salvis unicuique debitis quae defunctus ei debebat If any Freeman dies intestate his Chattels shall be distributed by the Hands of his nearest Relations and Friends by view of the Church i.e. the Ordinary saving to every one his Debts due from him XXXV Nullus Constabularius vel Ballivus noster capiat blada vel alia catalla alicujus qui non de villa ubi castrum situm sit nisi statim inde reddat denarios aut respectum inde habeat de voluntate venditoris si autem de villa ipsa fuerit infra quadraginta dies pretium reddat No Constable of a Castle or Bayliff of ours shall take Grain or other Chattels of any Man who is not of the Town where the Castle is unless he presently gives him Money for it or hath Respite of Payment from the Seller But if he be of the same Town he shall pay him within Forty Days XXXVI Nullus Constabularius destringat militem aliquem ad dandum denarios pro custodia castri si ipse eam facere voluerit in propria persona sua vel per alium probum hominem si ipse eam facere non possit per rationabilem causam No Constable of a Castle shall Distrein any Knight to give Money for Castle-Guard if he will perform it in his own Person or by another stout Man if he be hindred by any reasonable Cause XXXVII Et si nos duxerimus eum vel miserimus in exercitum erit quietus de custodia secundum quantitatem temporis quo per nos fuerit in exercitu de feudo pro quo fecit servitium in exercitu And if he shall follow us or we shall send him into the Army he shall be free from Castle-Guard according to the time he shall be in the Army by our Command for the Fee for which he performed his Service in the Army XXXVIII Nullus Ballivus noster vel Vicecomes vel alius capiat equos â—el caretas alicujus pro câ—iagio faciendo nisi reddat liberationem antiquitus statutam scilicet pro careta ad duos equos decâ—â— denarios per diem pro careta ad tres equos quatuordecim denarios per diem No Officer of ours or Sheriff or other shall take Horses or Carriages of any one to convey our Goods unless he shall pay according to the Rate anciently appointed that is to say for a Cart and two Horses ten pence a day and for a Cart with three Horses fourteen pence a day XXXIX Nullus Vicecomes vel Ballivus noster capict carectam alicujus liberi hominis pro Carriagio faciendo nisi de voluntate ipsius liberi hominis c. in lib. MSS. in Bibliotheca Coll. Corpor. Christi Cantabrig Nulla careta Dominica alicujus ecclesiastica persona vel militis vel alicujus Dominae capiatur per Ballivos praedictos nec nos nec Ballivi nostri nec alii
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