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-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.
conquered it The Francs conquered Gallia And divided the Lands amongst their Souldiers Gentlemen such as served on Horse-back in the Declension of the Roman Empire that they distributed their conquered Lands amongst their Souldiers to whom was reserved the Dignity of Gentlemen and the management of Arms and from the ancient Gauls Inhabitants of the Country who were called Roturiers they took away the use of Arms and permitted to them the management of Rustick Affairs and Merchandize only and from thence came the distinction of Fiefe Noble and Roturier c. There were [2.] Spel. Gloss fol. 219. Hottom in lib. de disp Feud c. 6. F. three sorts of Military Fees Royal Fees as Dukedoms Counties Marquisates c. which held immediately of the Emperor King or Prince and was called tenure in capite And so less Estates and Offices in process of time that held immediately of the Crown or Person of the Prince then Mesne or mediate Fees which held not immediately of the Prince These Milites or Knights were Horsemen and these Military or Knights Fees given to maintain their Horse and Arms Hot. in lib. 2. Feud col 691. D. but of some of these Capitanei or Chieftains as Barons Vavasors Castellans c. lastly Military Fees or Knights Fees such as were held of those Mesn Lords and by them given to their Soldiers all these degrees of Fees were in Normandy as appears by the [3.] C. 34 35. Grand Customer where they also had all the Incidents of Military Fees Ward Marriage Relief Homage and Fealty and such Divisions into all these sorts of Fees were made of the greatest part if not * See Doomesday in every County and here Ap. n. 10. all the Lands in England by the Conqueror to his great men Commanders and Soldiers as is manifest by Doomesday-Book a Record without Exception And for the Incidents to these Tenures Escheat Ward Marriage Relief Homage Fealty Aids Escuage c. both according to their first rigorous Institution and afterwards qualified Condition we have a sufficient Information from all our ancient Historians and Lawyers that we received them from Normandy Forfeitures also were incident to these Fees many of which [4.] Gloss fol. 214 215. Forfeitures incident to Feudal Tenure Sir Henry Spelman hath collected from the Feudist and Feudal Laws and some of them do here follow Originally all Vassals held their Lands at the will of the Lord and whether they were Delinquents or not he might at his pleasure take them from them In point of Tenure they were much like our ancient Copy-holds at meer will and in this of Forfeiture they much resembled them and those also at this day Vid. Hot. de Feud Disp c. 38. col 886. D. E. c. It was a Forfeiture if thrice summoned to the Lords Court they neglected or refused to come and take up their Lands and do Fealty If they refused to do their Service or denied their Tenure it was a Forfeiture If they sold their Estates without leave of the Lord or if they sold it by any other Title than they had themselves it was a Forfeiture If they did any thing against their Oath of Fealty if they adhered to their Lords Enemies or did forsake him in time of War or Danger all these were Forfeitures If they committed any outragious wickedness which was called * See the Glossary Felony as Murder Robbery burning of Houses Rape c. and which was no Treason this likewise was a Forfeiture of their Lands and Estates to the Lord of the Fee And by committing Felony and the non-performance of the most of these things upon conviction the Tenents [5.] Coke compleat Copy-holder Sect. 57 58 Kitchin Tit. Copy-holder at this day forfeit their Lands and they Escheat to the Lord some by presentment of the Homage others immediately where the Fact is notorious And while we mention Tenents it will give some light to the knowledge from whence we received our Laws briefly to give an account of the Institution of Mannors here in this Nation as I find it in our Learned Glossarist [6.] Fol. 389. The first Institution of Maners Mannors from whence derived who says it was a Norman word and brought from thence and what the Saxon called a Praedium or Villa their Possessions in Land with the injoyment of Soc Sac Toll Team and other Priviledges the Normans called Maners a Manendo because such Possessions were ordinarily the Seats of the Lords The Saxon (d) Many of them had so but without doubt they had some Feudal Tenures or somewhat like them they with the Angli Jutes c. coming from the Cimbric Peninsula and the North Parts of Germany where such Tenures were General from whence the word Vassus Vassallus or Valvasor was derived to other Nations Hot. de Feud disp cap. 7.820 C. As also in their Neighbour Nations of Danemark and Norway Jurisdictions had their Origin from the Grants of their Kings They were Feudal but Maners had their beginning from Feudal Law or Right for whoever could dispose of Fees might justly give Laws to their Vassals erect Courts for passing of estates and take upon them all other Priviledges meerly pertaining to a noble Fee How they were instituted He further says at the beginning this was the course of instituting Maners for the most part different Lords possessed the Territories of every Town or Village and * See Doomesday Book every where how Villages and Towns are described with such Peopâ—e in them under the Proprietor cultivated it by their Servants Vassals and Husbandmen for at that time there were living in the Country only Military men Labourers or Husbandmen first the Lord designed the place of his own Habitation and annexed to it a plentiful Portion of Land for the maintenance of his Family which are yet called Terrae-Dominicae Demesn Lands [7.] Ibidem another share he gave to his Vassal or Vassals for their aid and assistance in War and these were called (e) I rather think these Fees to have been most whole at first and that in time by favour of the Lord they parcelled out and sold them and such a part of a Knights Fee was apportioned to such and such a man as Rents are amongst Copy-holders at this day where a Tenent sells part of his Copy-hold to one part to another There are many Instances of whole Mannors granted by the Service of one Knights Fee Robert Fitz-Roger 9. Richard the First had a Grant from him of the Maner of Eure in Buckinghamshire by the Service of one Knights Fee 1. Jonannis a Confirmation of the Castle Maner of Workeworth in Northumberland by the Service of one Knights Fee 5. Johannis the Maner of Newburn in the same County by the Service of one Knights Fee The Maner of Clavering in Essex by the same Service 7. Johannis the Maner of Robiri in Northumberland by the same Service of one
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
plainct de B. qui lui demand a tort vne Terre a Roven de quoy il demand l'establie au Duc de Normendie pur recognoistre le Scavoir se quil y a greigneur droict celui qui tient ou celuy qui demande A complains of B that he unjustly exacts of him certain Lands at Roven for which he demands the Duke of Normandy's Writ D'establie to know by Recognition whether he hath greater right that holds it than he that exacts it The Serjeant of the Bayliwick was to see to the Execution of this Writ as to that of Novel-Disseisin So our Sheriffs were to take Pledges If neither Knights nor Gentlemen in the Vicenage then the View was to be made by men of good names the Land was to be viewed but before that he was to take Pledges for the Prosecution of it and then the men to make the View were to be summoned and if in the Vicenage neither Knights nor Gentlemen sufficient were to be found the Inquest was to proceed by other men of good Name or good renown according to the French words The Vicenage was accounted a League from the Place and is commonly called in this Customer the Ban Lien and the Recognitors were to be summoned out of the Parish where the Land was or the Parishes adjoyning within a League of it C. 114. Tit. Brief de surdemand Glan l 2. c. 13. The Writ of surdemand was to defend the Rights of the Tenents against the Lords of Fees when they unjustly demanded such Rents and Services as were not due whereof this is the Tenor. A. Plainct qui B. luy Demand a tort Service de fief * In the French Copy there wants couper or some other word les Gerbes par raison de son fief purquoy il demande l'establie au Duc assavoir qui a greigneur droict celuy qui demande par raison de son fief ou le Tenent qui le deforce pour ce se il le donne plege de pour suyr son Brief semond le recongnoissant du voisine quil soit an primieres Assizes du Bailliage pour dire de ce la verite A. complains of B. that he doth unjustly exact Service of his Fee i. e. the cutting of his Corn by reason of the Fee he holds of him wherefore he desires L'establie of the Duke to know whether hath greater right he that exacts by reason of his Fee or the Tenent which deforceth or denieth the Service wherefore if he give pledge of pursuing his Writ summon a Recognition of the Vicenage to be at the first Assizes of the Bailliage to speak the truth in this matter Dictum for Veredictum Note that what we call Veredictum is always in this old Customer called only Dictum C. 115. Tit. de fief-lay Demosue with us an Assize utrum Glanv lib. 13. c. 23. Scavoir ce or se signifies utrum in the old Customer Facit se securum in our old Writs There was used in Normandy a Writ of Lay-Fee and Alms by which the Fee was tryed whether it was Lay or Almes when it was doubtful in this Form Se A. te donne plege de suyvir sa clameur semond le recongnoissant du voisine qui il soit aux premieres Assizes du Bailliage a recongnoistre scavoir se le fief que B. demand est lemosne a celuy qui le tient ou le fief Lay a celuy que demand le veue soit tenne dedens ce c. If A. gives Pledges to pursue his Claim summon a Recognition of the Vicenage to be at the first Assizes of the Bayliwick to discover whether the Fee which B. demands be Almes to him that holds it or Lay-Fee to him that exacts it Let there be a View taken of it c. no man in Normandy could make a Lay-Fee pure Almes without the Grant and special Assent of the Prince for he had the Jurisdiction and Seigneury of all the Lay-Fees in Normandy If the Jury was brought to a rien Scavoir non scire or Ignoramus then the Church had cognisance of the Plea 'T is said in this Chapter it was a Custom in Normandy long ago C. 119. Courtesie of England that if a Man married a Woman and had a Child by her born alive if both she and the Child died he should hold all the Land that came by his Wife during Life The Glosse says that if his Wife were with Child by him though born dead yet the Husband should enjoy the Estate for that it was not his fault that the Child died or no defect in him that it was not preserved Desrene or Disrainia or Law-Simple was always amongst Equals C. 123. c. 85 86. Glanv l. 8. c. ◠Desrene wager of Law The Case put in the old Customer La loye doibt estre Gaigee and men of the same condition and it was a Law in Normandy by which a man that was impleaded in a simple Plea made it appear that he did not or was not guilty of what his Adversary charged him with which was performed by his own Oath and the Oaths of two others at least A man lends another five Shillings who promiseth to pay it at Easter if he denies it the Law is to be waged that is the Debtor is to swear he ows no such sum and others are to swear with him they believe his Oath to be true Whoever hath read our old Law knows it to be the same with this allowing some not many or very great Variations and therefore needless to add any abstract of that by way of Parallel But I must desire the Reader to note that from the time wherein Glanvile wrote which was in the Reign of Henry the Second to the time of Henry de Bracton who was a Judge in the Reign of Henry the Third the Subtleties and Niceties of our Antient Law were so much increased and multiplied that it became very bulky and dilatory as well as perplex'd and intricate Amongst others we find in the old Norman Law our Writ of Right or Grand Assize the four Writs of ordinary (d) So called for that the time in these Writs was limited within and from which the Action was to be brought so * Lib. 13. c. 32. See also Cl. 2◠Henr. 3. m. 17. dors where the times are limited for bringing Actions by these Writs Glanvil Cum quis itaque infra Assizam Domini Regis id est infra Tempus à Domino Rege de concilio Procerum ad hoc constitutum quod quandoque majus quandoque minus censetur alium injuste sine judicio disseisiverit de libero Tenemento suo Disseisito hujus Constitutionis beneficio subvenitur Tale Breve habebit Assizes that is of Novel-Disseisin Mort D'auncestor D'arrein Presentment Vtrum By the manner of Tryal both in England and Normandy after the View taken and by the Judges in both places expounding
Prisoner to the Castle of Rhoan where he continued until the death of William who as he [2.] See my Preface to this History The Norman Laws and way of Pleadings Established here brought in the Norman Laws and caused all Pleadings and what concerned the Law to be done in Norman French so at that time the way of (p) Selden upon this passage and observation of Ingulph somewhere in his Janus Anglorum admires the honesty and simplicity of those times and seems not to be well satisfied with the Intricacies Practise and Tricks of the Law and manner of Conveyances of Land in his and our times but this Practise contains somewhat more than that it was an Investiture and Gift or Pledge of Investiture of Feudal Estates in those times it bâ—ing a [6.] Hottom in lib. feud 2. T it 27. §. 7. By delivery of a Sword Bow Arrow c. Custom that the Lord or Patron of a Fee should deliver his Vassal something as a Monument and Token of his Investiture that if any Controversie happened concerning his Possession he might produce it as a Testimony against him transferring Land was changed [3.] Ingulph Histor Croyland fol. 512. b. n. 30. In former times many Farms and Maners were given by bare Word without Script or Scroul How Lands passed before the Norman Conquest only by the delivery of a Sword Helmet Horn Goblet Spur Horsecombe Bow or Arrow by the Lord. The Normans called all Chirographs or Writings Charts And whereas they were made firm before by the Subscription of the Party with a Cross Sealing of Writings when first used in England they now had a Seal fixed to them set upon Wax and attested by three or four Witnesses Yet there were some ancient Charts or Chirographs before the Conquest with Seals appendant to them but the way of Sealing was very rare in those times William having Conquered England subdued [4.] Paris fol 12. n. 10. Scotland and Wales Established his Norman Laws here and his [5.] Gervas Tilb. fol. 9. a. Exchequer according to the form of that in Normandy takes care for the setling a constant Revenue that might uphold him in his Grandeur and new Acquests The Conquerors Revenue which consisted in several Branches one whereof was a Land-Tax called Hidage Hidage was a Land Tax which he found here before his arrival in the time of Edward the Confessor as appears every where in Domesday-Book whereof take some Instances Hantescire Tit. Terra Hugonis de Port in Fordingbridge hundred Hugo de Port ten Cerdeford duo liberi homines in (q) Alodium what it is Alodium in this place was not Land or an Estate that held of no body nor though it might be free in respect of other Lands yet it paid the common and constant Land-Tax of Hidage which was most commonly 2 s. per Hide and * Hoved. fol. 176. a. n. 40. Seld. Dom. Sea fol. 2â—6 paid every year extraordinarily sometimes 3 s. sometimes 4 s. sometimes 6 s. per Hide * Mat. Paris Anno 1083. fol. 11. The meaning of the Tenure in Alodio as it was in the Seventeenth year of the Conqueror and also in some other Kings Reigns as will be noted hereafter Some would have this Tenure like that of the Prince of Haynault de Deo Sole without acknowledgment of any Superior Lord. But we have no such Land in England And it signifies here only an Hereditary and perpetual Estate free and in the power of the Possessor to dispose of it by gift or sale This Tenure in this Survey refers to the Tenents and Possessors chiefly before the Conquest See more of Alodium in the Glossary Alodium tenuerunt pro 2 Maneriis de R. E. tunc modo geldabat pro 5 hidis Idem Hugo tenet Wardeford Vlricus Olwardus tenuerunt (r) In Paragio Lands that were held in Parage Hottoman [1.] In Verb. feud in verbo Paragium Pariatio what they signifie says Paragium is a Feudal word and worth noting and that by a Barbarism it was used for Pariatio an Adequation or equal division of the Heritage amongst Brothers although Custom hath prevailed soâ—n some places that by the Prerogative of Age the younger hath not so great a share as the elder so in the [2.] C. 30. Grand-Customer of Normandy 't is Tenure in Parage though the younger hath less than the elder Brother because they are pairs or equal in Succession in the same Fee and Tenure they hold a like nobly and are of the same Linage although the younger hold of the elder in Parage in Paragio de R. E. duas Aulas habuere Tunc se (Å¿) Se defendit Defendere in Domesday-Book is the same with Geldare to be Taxed or Rated and to pay defendit pro 4 Hidis modo pro duabus Vn Virgat minus [7.] Domesd fol. 45. a. In isto Manerio isto hundred Ten. Picot 2 virgat dimid de Rege Phitelet Ten. in alodio de R. E. pro Manerio tunc modo Geld. pro duabus virgat [8.] Ibidem Hugo de Fort holds Cerdeford two (t) What Freemen were and the several sorts and kinds of them see the first part of the Saxon History and Preface to this History Freemen or Knights Soldiers held it for two Maners in the time of King Edward in Alodio then and now it was Taxed Hidage and paid for five Hides Hugh holds Warneford Vlric and Olward held it in Parage of King Edw. they had two Halls or Mansions then it paid for four Hides now for two Hides and one Virgate more or less In that (u) Manerium [3.] Somâ— Glossar in verbo a pure Norman word from the French Manoir and that from the Latin Mansio a manere vel [4.] Ord. Vit. 523. A Manerium from whence derived Manendo from the Lords remaining or dwelling upon his Fee It is not to be found here in any of our Authors or Historians before the coming in of the Normans in stead of which the Saxons used Hida Familia Mansura Maâ—sam Casata c. Maner and that Hundred Picot held two (x) Virgara Terrae The Saxons called it [5.] Somn. Glossar in verb. Virgata Yard land what and how much GYRDLAND commonly Yardland a certain quantity of Land and perhaps part of a Hide different according to the diversity of Places for in some it is twenty Acres in others twenty four in others thirty c. In some but three Roods Virgates and an half of the King Phitelet held it in Alodio of King Edw. for a Maner then and now it is Taxed and pays for two Virgates These and the like Entries we find or at least the number of Hides or Carucates in every Town and Maner in Domesday by which the Tax was limited known and understood The making of this Survey called Domesday was a great design in the
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
b. n. 50. f. 47. ◠lin 1. is very observable in this Matter in which he gave to his Lord a Bracelet of 80 Marks of Gold and a Hand-Sword worth as much Four Horses two of them Trapped and Two Swords Trimmed Two Hawks and all his Hounds And to his Lady one Bracelet of Thirty Marks of Gold and one Palfry to prevail with him that his Will might stand and take effect Lambert's Peramb of Kent p. 493. Without all peradventure the Lands of Birtrick bequeathed by his Will were Feudal Lands holden in Military-Service and not Deviseable without his Lord or Patrons consent In Doomesday we find Tit. Kent fol. 1. b. in lest de Sudton lest de Ailesford habuere ipsi T.R.E. Sacham Socham Brixii Cilt Adelold de Elleham Auchil de Becheham Azor de Lesneis Levinot de Sudton Edward de Eston c. to the number of 15 and if so many in these Lests we may conclude the like proportion in others All which must have been Military Thanes and held their Lands by Military-Service for Sacha and Socha a liberty and priviledge to try Causes with a peculiar Jurisdiction between the Lord and Tenants or his Men and Tenants as the words import was and is a most certain Argument of Dominion and Seigneurie which was first obtained from the Prince and an Infallible Mark of Military Service due from him that enjoyed it and an obligation upon him to perform it What Feudal Tenures were and are and what the Obligations Stipulations or Necessitude between Lord and Vassal Patron and Feudatarie See the Preface to the Norman History Tit. Herefordscire consuetudines de Hereford T. R. E. if any Burgess or Citizen would leave the City he might by the leave of the Praefect or Governor and sell his House to another Man that was willing to do the Service that was due for the same ibid. from a Burgess or Citizen serving with a Horse the King when he died had his Horse and Arms in the time of King Edward Doomesday Beroscire Wallingford Tainus vel Miles Regis Dominicus c. a Thane or one of the Kings Knights dying the King had all his Arms one Horse with a Saddle and another without c. in the time of King Edward This Relief as it was there called was a sure Mark of Military Service besides what the words Miles dominicus Regis imports Instances are frequent in Doomesday Book that prove Military Service Warwicscire Tit. Terra comitis de Mellent in Patelawe Hund. fol. 240. b. col 2. ipse Comes tenet in Luditone 12 Hid. 4 Milites de eo 4 Teini liberè tenuerunt T. R. E. pro duobus Maneriis Here we see four Thegnes or Teins changed into four Knights or Horsemen Hantscire Terra Hugonis de Port in Neteland Hundred ipse Hugo tenens Celtone Oda tenuit de Rege Edwardo in Modium ibi erant decem Hidae sed R. E. misit ad servitium that is Military Service Geldum pro 4 hidis 1. Virgat Terrae Milites are often mentioned in Doomesday in Edward the Confessor's time Liberi homines thegnes were Milites or Soldiers And further 't is not to be doubted but many of the Thegns or Teins were Military Men 't is most probable that the liberi homines and Teins which were very many in Cestrescire Scropscire and Herefordscire all Bordering Counties which are recorded in Doomesday to have held whole Towns and Maners before the Conquest were all Milites and those in other Counties also that held whole Towns and Maners though they were no where so many as in these they were entred thus Cestrescire Atiscros Hund. Rob. de Roelent tenet de Comite Brochelune Levenot tenuit liber homo fuit so through the whole Country almost Scropescire Tit. Terra Roger Comitis in Odenet Hund. fol. 245. a. Raynaldus Vicecomes ten de Comite Mercemeslei Sewarus Aluric pro duobus Maneriis tenuerunt T.R.E. erant liberi ibidem Idem Raynaldus ten de Comite Stanweie Odo de eo Aluric tenuit liber homo fuit ibidem Rainaldus cum quodam Roberto ten de Comite Grotintune Odo de eis Alfric Otro tenuêre pro duobus Maneriis ipsi Teini erant liberi and so very frequently in that County Hereford-scire Tit. Terra Regis in Naisse Hund. fol. 180. b. Rex tenet Feccheham quinque Taini tenuerunt de Edwino Comite poterant ire cum Terra quo volebant habebant sub se quator Milites ita liberi ut ipsi erant These Milites probably served for them in their Absence Ibid. Tit. Terr Hugon Lasne fol. 187. a. col 1. Hugo Lasne ten Chenescestre Ulwi Cilt tenuit poterat ire quo volebat And in this Shire the Saxons that held Towns and Mannors T.R.E. are often mentioned with this Addition potuit ire quo volebat which was a phrase equivalent to liber homo fuit The reason of my conjecture that these liberi homines were Milites is for that the Normans who made this Survey called Milites frequently Liberi homines See the Laws of William the First Ll. 52.55 58 59. And Spelman's Glossary verb. parium judicium fol. 449. col 1. And they only served upon Juries in an Assize upon a Writ of Right Glanvil lib. 2. c. 11. lib. 9. c. 7. and those Jurors were always liberi homines or Free-men Military Service was always called liberum Servitium Liberi homines always served on Juries Military Service called Free-Service Tenures Free-Service ib. lib. 12. c. 3. And in other Nations in these Ancient times all Tenures were esteemed base and ignoble except Military Tenures which were reputed Free and Noble From this Survey we may conclude that there was not much of that sort of Land called Bock-land if it were only expressed by Allodium for in the Saxons time there was but little of that in respect of other Tenures These were the several sorts of Lands here amongst our English Saxons let us see whether they were also amongst the Germans The several sorts of Land amongst the Germans For Gafol Rent or censual Land it is as old as Propriety and therefore in Germany as well as in other Countries for all men could not use their own Lands but permitted others to occupy them under a certain Rent or Payment of such things as then they made their Payments in As we have it in 9 De Mor. Germ. c. 25. Tacitus frumenti modum Dominus aut pecoris aut vestis colono injungit The Lord injoyns his Colon Clown Bore or Rustick to pay him a certain quantity of Grain Cattel or Cloaths c. This sort of Land is also found in the Laws of the West-Goths lib. 10. Tit. 1. c. 11.25 Capit. Car. lib. 4. c. 39. where it is called Terra tributaria c. 37. As for Hereditary Land which the English Saxons called Bock-land it may
put their Judgments in Execution The Subjusticiers were Officers established under the Justiciers to do Execution such were Viscounts Serjeants of the Sword Bum-Bayliffs Bedells or under-Serjeants c. C. 5. with the Coment A Vicount in Normandy was an under Officer of the Law a Pedanens judge and was the very same with a Provost or a Viginer or Vicar who heard small and Ordinary Cases Pasqu Recherch fol. 860. D. Serjeants of the Sword The Office of the Vicount was to hold Pleas of antient Paths Ways Bounds Watercourses c. and to walk the Parish with twelve men of the same and by their Oath or the Oath of the greater part of them to inquire whose Lands lay next the Ways c. and cause them to be amended by those which held the Land accordingly he was to inquire by the Oath of twelve lawful men of Malefactors as Murderers Thieves Traytors Ravishers and other Criminals to keep them in Prison till they were delivered by the Law of the Country These had also under them Serjeants of the Sword who held the Views and made the Summons to them and executed the Precepts of the Assizes and what was judged there and to keep and deliver according to Law Distresses taken The Bedells were the less Serjeants which ought to take the Distress and to do Offices less honourable and to make the lesser Summons and these were in every good Town C. 6. Default Trespassment des Termes sont Appellez defaultes that is such as came not at the time appointed nor appeared in Court according to Summons or when they ought or performed not what they were then to perform were in Default Fealty No man in Normandy could receive Fealty from another without saving his Fealty to the Duke which is to be expressed in doing Homage And therefore the Duke hath the whole Justicement of the body of a man for or by reason of the Fealty that all men owe him If a Lord doth wrong to his man by reason of his Fee the Court then appertains to the Duke if there be no Mesne or middle-Middle-Lord between the Duke and him which by reason of his Fee may have the Court. About Distresses taking Goods and impounding Cattle much used C. 7. as in use with us Of the times when many Lands are to be several or commune C. 8. the Vsage much the same as in England Judges were Sage Persons and Authentick C. 9. So it was in England Who anciently Judges in Normandy Bishops Abbats Priors Canons c. which gave Judgment in Court as Archbishops Bishops Canons of Cathedral Churches and other dignified Persons in Churches Abbats Priors Conventual and Governours of Churches famous for their Discretion and Honesty Bayliffs Knights Serjeants principal and Seneschals of Barons Famous for Knowledge and Honesty every of these might remain in Judgment if the Cause were not their own or they were no ways Parties nor had given Judgment nor were Witnesses in it nor were suspected for Love Favor or Hatred Barons ought to be judged by their Peers and others by all such as cannot be removed from Judgment i. e. such as were not suspected as before Antiently there was in Normandy a greater Justice than all the beforementioned which was called the Seneschal of the Prince C. 10. Seneschal of Normandy He was like the Missi Regales or Dominici in the old Empire or Itinerant Justices anciently that went their Circuits once in two three four five or six years he corrected all inferior Justiciers as Bayliffs c. and removed them from their Offices if he saw it convenient he preserved the Land of the Prince and made to be preserved the Laws and Rights of Normandy to which purpose he travelled every three years through Normandy and visited all the particular Baylywicks and inquired of the Injuries and Excesses done by the Sub-justiciers and also held Pleas of the Sword c. and in all things that belonged to his Office he might cause them to be amended without Pleas or Assizes and in all places where he found any thing amiss he might do as he thought expedient Custom Law and Usage C. 11. Custom Law and Vsage understood and practised in the same manner as in England All such as were Residents in the Dutchy of Normandy C. 14. All the Residents in Normandy sware Fealty to the Duke ought to swear Fealty to the Duke and keep it and therefore in all things they ought to be Loyal towards him and were not to procure his damage nor to give Council or Aid to his manifest Enemies such as were found culpable of any of these things were called Traytors to their Prince and all their Possessions remained to him always The Women in Normandy without consent of their Husbands C 15. could make no Contract or Bargain Wrec belonged to the Duke of great and rich things there named C. 1â— Wrec and of ordinary things to the Lord of the Fee all the Controversies arising from it were to be determined in the Dukes Court. Treasure Trove i. e. found or digged any where C. 18. Treasure Trove belonged to the Duke Waifs belonged to the Lord of the Fee or sometime to the Duke C. 19. Waifs c. according to Custom C. 20. And Glanv lib. 7. c. 16. The Chattels of Vsurers that died belonged to the Duke so to our Antient Kings C. 21. Felonâ— Goods were the Dukes The Chattels of such as killed themselves Excommunicate and Desperate Persons such to whom Confession and the Sacramenâ— was denied were the Dukes C 22. Moveables and Chattels forfeited to the Duke All Moveables forfeited belong to the Duke Moveables were the Chattels of such as were condemned by Judgment that were hanged burnt their Eyes pulled out or their hands or Feet cut off or banished c. C. 24. Assize what Assize was an Assembly of Knights and Sage men with the Bayliff in a certain place and at a certain time which contained the space of forty days between one Assize and another by which Judgment and Justice was done of such things as were heard in Court in these Assizes the Juries sometimes were brought to a Non-scavoir Non-scire Ibidem Juries brought in Ignoramus or Ignoramus And when nothing of Certainty or Credit was deposed the Inquest being first examined the Return or Verdict was L'enquest scet rien Ibidem Lands c. forfeited as in England The Lands and Estates and Profits of condemned Persons for Felony were the Dukes for a year and a day afterwards they were the Lords of the Fee of whom he held immediately so in England C. 25. The eldest Son Succeeds the whole c. In Fuedal Succession the Eldest Son succeeds in the whole and so it descends to the next of the Blood and never ascends when there is any of the descending Line remaining In the Latin Version of the Customer of Normandy
was Lord also near Renâ—es Guader the Earldom of Northwic or the East-Angles To Hugh de Grentmesnel he gave the Town of Leicester and to many other Noble Persons he distributed many Cities and Towns Ralph Guader had Norff. or the East-Angles c. with great Power and Honours (f) He was Son of Guachelm de [1.] Ibidem 522. B. Hen. de Ferrariis who he was Ferrariis and though no Earl at the time of the Survey he had then 176 Lordships Maners or Farms besides Tutbury Castle [2.] Domesday-Book in several Counties whereof in Darbishire 114. To Hen. de Ferrariiis the Castle of Tutbury and to many Strangers and others of mean Quality Odo Earl of Kent he gave many and great Honours insomuch that they had here in England Clients and Dependants far richer and more powerful than their Fathers were in Normandy His Brother Odo by the Mothers side received from him the Earldom of Kent [8.] Ord. Vit. 522. D. was a Count Palatine and gave Laws as Viceroy or [9.] Ibidem second King and was Justiciary [1.] Justiciary of England of England the chief Man for Administring Justice under the King and after the death of William [2.] Malms 62. b. n. 53. Fitz-Osbern he was Vice-Dominus or Vidame of all England under the King Besides those in Kent [3.] Domesd in the several Counties Odo had 439 Lordships of the Gift of his Brother where he had 184 Lordships or Farms he also had in Essex 39 in Oxfordshire 32 in Hertfordshire 23 in Buckinghamshire 30 in Worcestershire two in Bedfordshire eight in Northamptonshire 12 in Nottinghamshire five in Norfolke 22 in Warwickshire six in Lincolnshire 76 in all 439. To [4.] Orderic 523. A. Geofry Bishop of Constance had 280 Lordships Geofry Bishop of Constance in Normandy who was often his Lieutenant-General after the Battle of Hastings he gave 280 Maners which he left to his Nephew Robert Molbray made Earl of Northumberland by William the Conqueror [5.] Hoveden 243. b. n. 47. after the death of Walcher Bishop of Duresm who had the Government of it Robert also Earl of Moreton in Normandy and by his Mother Brother to William had the Earldom of [6.] Malmsb 88. b. n. 46. Cornwall given him and in that 248 Maners [7.] Domesd in the several Counties Robert Earl of Moreton in Normandy and Cornwall in England half Brother to William had 793 Lordships of his Gift The Earl of Richmont in Sussex 54 and the Burrough of Pevensey in Devonshire 75 and a Church and House in Exceter in Yorkshire 196 in Wiltshire five in Dorsetshire 49 in Suffolke 10 in Hantshire one in Cambridgeshire five in Hertfordshire 13 in Buckinghamshire 29 in Gloucestershire one in Northamptonshire 99 in Nottinghamshire six in all 793. And now while I mention these Earls and their Possessions I shall be somewhat more large in the Account I give of these two following that in some measure the Power and Authority of the Earls in those days may appear And first I shall take notice of [8.] Vincent fol. 57. Alan Fergant Earl of Britane in France whose Grandmother Hawis was Great Aunt to William the Conqueror This [9.] Ord. vit fol. 544. C. Alan Married Constance Daughter to King William to [1.] Ex. Reg. Honor. de Richmond in Bibl. Cotton sub Effig Faustini B. 7. fol. 7â— whom in the third year of his Reign at the Siege of York he gave all the Lands of Earl Edwin in Yorkshire in these words [2.] Ibid. Cambden in Richmondshire The Conquerors Grant to the Earl of Brittain Ego Gulielmus cognomine Bastardus Rex Angliae do concedo tibi (g) He Married the Conquerors Daughter Constance but why he called him his Nephew I know not Nepoti meo Alanâ— comiti Brittaniae haeredibus tuis in perpetuum omnes villas terrâ—s quae nuper fuerunt Comitis Edwini in Eborascirâ cum feodis militum Ecclesiis aliis libertatibus consuetudinibus ita liberè honorisicè sicut idem Edwinus eadem tenuit data obsidione coram Civitate Eboraci That is I William Surnamed Bastard King of England give and grant to thee my Nephew Alan Earl of Brittain and thy Heirs for ever all those Towns or Villages and Lands which were lately Earl Edwins in Yorkshire with Knights Fees and Churches with other Liberties and Customs as freely and honourably as the same Edwin held them Dated in the Siege before York These Lands when given were [3.] Ibid. in Registro de Richmond Gildable that is paid a Rent Tax or Custom to the King but by his favour they were changed into a Liberty or (h) Honour was feodum Nobile beneficium Regale An Honour what it was The general practice of the Normans in building Castles for their own safety in these ancient times granted by the King for great Services done or to be done it was the same sometimes with the Parony or Earldom it self sometime it signified the Jurisdiction of them and other some the Capus Baronia the chief Seat Castle or place of Residence of the Earl or Baron and was never then attributed to small Baronies Honour which was the Northern part of Yorkshire now called Richmondshire Being possessed of these Lands he built a Castle [4.] Ibidem Richmont Castle built Why so called and (i) This was the general practice of the Normans to whom the Lands of the English were given especially of the great ones and of the Conqueror himself who was at vast Expences in building very many Castles Place of Strength by his Capital Mansion of Gillings for the defence and safety of his People and Tenents against the English and Danes then thrust out of their Estates and Inheritance and named it Richmont according to the French denomination which signifies Rich-Mount or Hill it being situated upon the highest and most pleasant part of all that Territory For the guard and security of this Castle It was Guarded by the Earls Tenents his chief Tenents had their several Places assigned them and had several Knights Fees given them for their Service thus set down in the Register or Book of Richmond in Cottons Library Placea Ranulphi fil Roberti in Castro Richmond ad Capellam Sancti Nicholai six Knights Fees The Establishment of the Guard of Richmont Castle Ibidem inter feoda Militaria He had six Knights Fees This and the rest I shall render in English as there mentioned The place of Ranulph Fitz-Robert in the Castle of Richmond by the Chappel of St. Nicholas The place of the Constable in the Keep Ibidem inter feoda milit he had six Knights Fees and an half The place of Brian Fitz-Alan in the great Hall of Scouland He had four Knights Fees and a sixth part He had three Knights Fees and a sixth part The place of Torphin Fitz-Robert of Manfield between
the Kitchin and Brew-House He had three Fees and a sixth part The place of Ralph Fitz-Henry on the West part of Scouland Hall He had three Fees and an half The place of Conan Fitz-Helias by the Keep on the East side without the Wall He had two Fees and an half The place of the Chamberlain on the East part of Scouland Hall by the Oven He had two Fees The place of Tho. de Burge on the West part of the great Chappel by the Cannons in the Wall He had in this part of the Honour of Richmond in Yorkshire [5.] Ibid. b. 68 Knights Fees and an half and had here at the time of the Survey 166 Lordships Maners or Farms in Dorsetshire one in Essex eight The Earl of Richmont had 442 Lordships of the Gift of the Conqueror in Hantshire two in Cambridgeshire 63 and ten Burgages or Dwelling-Houses in Cambridge in Hartfordshire 12 in Northampton one in Nottinghamshire seven in Norff. 81 in Lincolnshire 101 in all 442. All his Tenents ought Suit and Service to his Court and for this Honour and under the Title thereof there were Courts kept for the Tenents of it several Counties every three weeks and are kept to this day in Norff. And the Jurisdiction of these and the like Courts usually extended no farther than to some Personal Actions between the Tenents and such matters as appertained to the Lands belonging to the Honour Tenents bound to Castle-Guard and most probable it was that all these Tenents of these Lands as also in all other Fees where the chief Seat or Head of them was a Castle did watch and were bound to Castle-guard at appointed times as may be gathered from what will be said next concerning the Earls of Chester The first [6.] Ord. Vit. fol. 522. A. whereof was Gherbod a Flemming made Earl by William Anno Dom. 1070. who going upon an Expedition into Flanders fell into the hands of his Enemies and was there detained Prisoner all his Life upon whose restraint the Conqueror created (k) He was Son of Richard [1.] Gemet lib. 7. cap. 6. Hugh Earl of Chester who he was Surnamed Goz Vicecomes de Abrincis or Viscount of Auranches in Normandy whose Father was Thurstane [2.] Ibidem Surnamed Goz Son of Anfrid a Dane Hugh de Abrincis Earl of Chester who with (l) He was Son of [3.] Ord. Vit. 669. C. Robert Roelent how he was Humfrid de Teliolo who was another Son of Anfrid the Dane and Governor of the Fortress the Conqueror erected at Hastings This Robert was Cousin German to [4.] Ibidem B. C. Richard de Abrincis Father to Hugh Lupus Earl of Chester and was Commander in Chief at the Siege of Rochester Castle Robert Roelent and Robert de Malo Passu and others shed much Welsh Blood [7.] Ibidem he was a Man of great Note amongst the Normans at that time and an expert Soldier and therefore placed here to restrain the Incursions of the unconquered Welsh This Earldom was given to hold as freely by the Sword as the King held England by the Crown 'T is commonly storied he had several [8.] Monast Angl. vol. 1. p. 202. Barons under his Jurisdiction but whether they were so or not there were many that held great Estates of him and had shares and Commands in the Government of this petty Kingdom amongst whom these were chief Robert Fitz-Hugh [9.] Domesday in Cestreshire where all the Places are named Barons or reputed Barons of Cheshire whose Seat was at Depenbach now called Malpas who held of him 31 Maners part of Maners or Towns William de Maldebenge whose Seat was at Wickmalbanc now called Nantwich held 47 Maners c. William Fitz-Nigell called sometimes Constabularius had his chief Seat at Heleton now Halton Castle and held of him 29 Maners c. Richard de Vernon whose Seat was at Shipbroc held of him 17 Maners c. Hugo de Mara held 14 Maners c. Hamo de Masci whose Seat was at Dunham commonly called Dunham-Masci held 10 Maners c. Bigot de Loges held 12 Maners c. Gilbert Venator or de Venables whose Seat was at Kinderton held 19 Maners c. Robert de Roelent whose Seat was Roelent or Ruthelan Castle in Flintshire from whence he had his Surname held 16 Maners c. This Robert was General to Earl Hugh Robert Roelent General to the Earl of Chester who for fifteen years together checked the Welsh and dayly gained upon them and enlarged the Conquerors Territories [5.] Ibidem but at last after many sharp Conflicts and bold Adventures hazarding himself too far with no more than one Soldier he was unhappily slain He held North-Wales in Farm of King William at the Rent of 40 l. per Annum [6.] Domesday in Cestreshire besides Ross and Rewinioc extending twelve Miles in length and four in breadth which he held in Fee After this manner William placed several others in other parts of the Borders of Wales giving them great Possessions in Land These Earls of Chester had all Royal Officers and in State differed very little from Kings Earls had their great Officers of State As will be shewn more at large concerning Earl Ranulph in the Reign of King Stephen in whose time he lived All other Earls likewise had their great Officers of State though they lived not in the same Magnificence as these Earls Palatine did The manner of Investiture of an Earl and the manner of Investiture into that Dignity then was by girding them with the Sword of the County as [7.] Fol 154. l. 54. Mat. Paris observes Earls as also [8.] Spelm. Glossar verb. Baro. Earls and Barons had generally Castles c. Barons in these times had every one their Castles very well fortified and endowed with many Priviledges which were called the Head of their Baronies And thus much shall suffice to shew the grandeur of the Nobility under William which continued many Ages after him From this Digression I return to the History it self [9.] Sim. Dun. Col. 203. n. 50. A D. 1071 William the Conqueror invades Scotland King Malcolm submits William having settled England in quiet invaded Scotland by Land and Sea with design to subject it to his Government for that King Malcolme had grievously offended him and the year before had entred England and cruelly wasted the Borders thereof with Fire and Sword But so soon as he had entred Scotland King Malcolme met him at a place called Abernithi yielding to him and held his Kingdom as in subjection to him At his return William displaced [1.] Ibidem Col. 203 n. 10. Gospatric from the Earldom of Northumberland and gave it to Waltheof the Son of Earl Siward About this time the County of Main [2.] Ibidem Col. 205. n. 40. The County of Main revolts and is reduced revolted from William who went over
with such suceess that no one durst withstand him He took the City of Limeric and the Kings Castles as well as those of his Enemies The Irish let him know by certain Templars sent to him That he acted traiterously against his Prince in Ireland as he had done in England and by Geofry Marsh or de Marisco his contrivance was desperately [5] fol. 400. lin 4. wounded in Fight and taken prisoner where after some days continuance he dyed of his wounds [6] fol. 403. n. 10. The King laments his death When the King received the news of his death he much lamented the loss of so great a Soldier affirming he had not left his [7] Ibid. n. 30. He inviteth the proscribed Noblemen to an accommodation equal in the Kingdom The Archbishops and Bishops returned from Lewelin to the King at Glocester and informed him That before any Treaty he desired the Noblemen that were confederated with him might be received into Favor Then the King sent out his [8] Ibid. n. 40. A. D. 1234. Letters to all those that were proscribed to meet at Glocester on the 29th of May to be reconciled unto their King and to be restored to their Inheritances The Archbishop and Bishops promising them safe Conduct [9] Ibid. n. 50. The first that came to the Kings Peace was Hubert de Burgh late Justiciary of England and Earl of Kent whom the King received with Kisses and Embraces [1] fol. 404. n. 10 20. They accept the Offer and are reconciled to the King After him came Gilbert Basset and Richard Sward with many others who were proscribed with them and were all received with the Kiss of Peace and reconciled to the King and had all their Rights and Inheritances restored of which their Reconciliation [2] Append. N. 155. Several of them received into his Council and Restoration he gave Lewelin speedy notice and also at the Intercession of the Archbishop He Granted to Gilbert Brother to Richard Earl Mareschal late deceased all his Inheritance both in England and Ireland and received his Homage And on Whitsunday following at Worcester He Knighted him and gave him the Mareschals Staff of his Court and received Hubert de Burgh Gilbert Basset and Richard Sward into his Councils The Archbishop and Bishops that were sent to Treat with Lewelin made a [3] Ibid. n. 156. A Truce made between the King and Lewelin Prince of Wales Truce for two yeas from the Feast of St. James or 25th of August following upon these conditions That all injuries done on both sides since the last Truce should be referred to those â—at made it That all Lands taken from any one in the late War should be restored That all Men and Tenents that had receded from the Fealty of their Lords and adhered to the contrary party might return again without damage or being questioned for it Of this Truce he gave notice to his Brother Richard Earl of Cornwal and Ralph de Tony that they might be taken into it if they would for their Lands in the Marches At the same meeting the Arch-Bishop produced a Copy [4] 〈◊〉 n. 30 40. of that Treacherous Letter that was sent into Ireland against Richard Earl Mareschal And the King The treacherous design against the Life of Richard Earl Mareschal discovered The King summoned his old Counsellors to give up their Accounts and to stand to the Law before the whole Assembly of the Bishops Earls and Barons protested that through the importunity of the Bishop of Winchester Peter de Rivallis and other Counsellors he consented his Seal should be put to those Letters but assured them upon his Oath he never saw the Tenor of them Then the King summoned the Bishop of Winchester Peter de Rivallis Stephan Segrave and Robert Passelew to appear on the Feast of St. John Baptist to give up their Accounts and to answer to such Crimes as should be objected against them and stand to the Law But being conscious of their own wickedness and not daring to stand a Tryal some took Sanctuary in Cathedral or Conventual Churches and others fled as was believed but hid themselves in the New Temple Then the King [5] fol. 405. n. 10 20 30. Peter de Rivallis severely rebuked and threatened by the King at the request of the Arch-Bishop promised them safe Conduct and appointed the 14th of July for them to appear at Westminster to answer to the Articles against them Peter de Rivallis was the First that appeared in a Clercs Habit and saluted the King sitting upon the Bench with his Justices who as soon as he saw him called him Traytor and accused him for giving him pernicious Counsel and required him to give an account of his Treasuryship the Wardships of young Noblemen and Women and Escheats and other Profits of the Crown and then told him he would commit him to the Tower He said he was a Priest and ought not be imprisoned or be in the custody of Lay-men The King told him he had hitherto behaved himself as a Lay-man and as such he exacted what was committed to him yet said the Arch-Bishop was present and if he would undertake for him he should be delivered to him He was silent and the King sent him to the Tower He is committed to the Tower and seized all his Lay-possessions because under his Clercs Habit he had a Coat of Mayl and a Knights Falchion at his Girdle which did not become a Clerc he remained there only two days and then was taken out by the Arch-Bishop carried to Winchester But taâ—en out by the Arch-Bishop and put into the Cathedral The same [6] Ibid. n. 40. Stephen Segrave called to an Account day appeared Stephan Segrave before the King He called him Traytor and added that it was by his wicked Counsel Hubert Earl of Kent was removed from the Office of Justiciary and imprisoned And that many of the Nobility were proscribed He required him also to give an Account of his Justiciaryship and by the Mediation of the Arch-Bishop and Bishops gave him time till Michaelmass following to prepare for it Hugo de Paâ—eshulle named Justiciary Then the King named Hugo de Pateshulle a Clerc his Justiciary Son of Simon de Pateshulle who had formerly managed that Office with great integrity This year about the Feast of St. John Baptist The [7] fol. 406. lin â— The King sendeth Aid to the Earl of Brittain Truce between the Kings of England and France expiring King Henry sent over to the Earl of Brittain Sixty Knights and 2000 Welch to enable him to strengthen the weak places of his Dominions because the King of France had raised a great Army and had actually besieged one of the Earl of Brittains Castles but was soon defeated by the English Forces Their success against the French The King of France resolves to invade Brittain and many of the French were slain and all their
T.R.E. praeter de quatuor Ulnod Estmunt Aluricus Wistricus Guert frater Haroldi habuit Commendationem de Duobus Man et Alviet Omnes alii erant commendati aliis Baronibus T.R.E. de uno habuit Antecessor Malet commendationem et Robert fil Wimari iiii et tamen semper Haroldus habebat Socam c. Harold held Bercolt in the time of King Edward and thirteen Carucates of Land for a Maner Then there were forty two Villanes now forty three Then five Bordars now twenty two then six Servants now four Then and afterwards three Carucates in Demeasn now two Then the Men or Tenents had twenty Carucates afterwards and now ten and 12 Acres of Meadow Wood for 1000 Hogs always one Mill always one Working Horse and ten young Cattle and twenty eight Hogs and eighty five Sheep and twenty six Goats To this Maner belongs one * A Hamlet or member of a Maner Berwite now I think called the Barrow or Berry Sceveley it was two Carucates of land in the time of King Edward Then there was ten Villans afterward and now six alway seven Bordars Then 4 Servants now two Then two Carucates in Demeasn afterwards and now one Then the Men or Tenents held eight Carucates afterwards and now four and sixteen Acres of Meadow and one Mill always one Working Horse and four young Beasts or Oxen and seven Hogs and twenty three Sheep Earl Guert held Bentley for two Carucates of Land in the time of King Edward afterward Earl Ralph Master of the Horse joyned it to this Maner as a Berwite or Berry in the time of King William Then there were nineteen Villanes upon it now thirteen always three Bordars Then four Servants Then two Carucates in Demeasn afterwards and now one Then the Tenents or men held viii Carucates or had eight ploughs afterwards and now one and eight ploughs between the Lord and * Note who Villains Villains may be set up again or eight Carucates renewed they had eight Acres of Meadow Wood to keep twelve Hogs and forty two sheep and paid vi d. Earl Guert held Scotley or Shotley There was two Carucates and half of Land and 1 Acre and it paid two * Probably it lay Wast pence for one Maner in the Time of King Edward Then there were xii Villans now six There was always two Bordars and Then four Servants now one Then two Carucates in Demeasn afterward and now one and there may be four Carucates again and four Acres of Meadow and one Working Horse and forty Sheep To this Maner there were appendant or regardant that is fixed to it in the time of King Edward two Hundred and ten Socmen now there are but one hundred and nineteen and they have two and twenty Carucates of Land and half wanting thirty Acres or and thirty Acres more or less And forty two Bordars Then there was Twenty nine Carucates now twenty seven and twenty four Acres and half of Meadow and two Churches with sixty two Acres Of these Men or Suitors or Tenents which were regardant or belonged to this Maner Qui huic Manerio * Remanentes pertinentes are always taken in the same sense remansi sunt Harold in the time of King Edward had the protection of only four Ulnod Estmunt Aluric and Wistric and Guert the Brother of Harold had the Protection of two Man and Alviet All the others were protected by or under the Patronage of other Barons in the time of King Edward The Predecessor of Malet had the protection of one and Robert the Son of Wimar had the protection of four and yet Harold always had the Soke or money paid for their protection c. Sudfulc [2] Ibid. f. 322. a. Gislingham c. IN Gislingheham tres liberi Homines de duobus habuit Ulvena Comendationem vii Acr. et dimid Car. et Val. xvi d. In eadem Duo liberi homines xxvi acr unus Comendatus Ulvenae nomine Colemanus cum vi acr Tunc dimid Car. modo * It was waste nichil et valuit iiii Sol. In eadem tenet Alviet liber homo Comendatus Alsio Nepoti comitis * Ralph de Guarder sometime Earl of Norfolk and Suffolk or the East Angles under the Conqueror and a Rebel against him Radulfi xxx acr pro Manerio T. R. E. Tunc 1 Car. modo nichil et 1 acr prati In eadem vi liberi homines Comendati Alviet xiii acr semper dimid Car. Tunc xx sol modo xii In eadem Ringulfus liber homo xxx acr pro 1 Maner Comendat Alsio Nepoti Comitis Radulfi Tunc 1 Car. modo nihil Ex hac Terra tenuit Lewinus filius Ringulfi iii Caruc quartam partem Silvae In eadem Quatuor liberi homines Comendati Ringulfo x acr et dimid Car. et iiii acr prati x porc Tunc valuit xx sol modo x. In eadem Beso liber homo xvi acr Comendatus Alsio Tunc et post 1 Car. modo nichil et valuit vi sol et viii d. Ex hac Terra tenuit Antecessor Aberici de Ver. v acr Rex et Comes de toto Socam In eadem 1 liber homo Soribes vi acr Comendatus Ulvenae et valuit xii d. In eadem Chipinc [3] Ibid. b. liber homo Comendatus Ulwino Antecessori Alberici de Ver. et in soca ejus xii Car. et adhuc tenebat 1 acr Terrae de Dominio Ulwini et quartam partem alterius et modo Tenet totum Mater * Robert Malet Roberti et val ii sol Rex et Comes de toto alio Socam In Cotetuna [4] Ibid. tenuit Ansgerus liber homo Comendatus Lewino de Bachetuna xxx acr pro Maner T. R. E. Tunc 1 Car. modo dimid et 1 acr prati Silva vi Porc. et Tres liberi homines Comendat lx acr et dimid Car. et val x sol Rex et Comes Socam In eadem tenuit Teit Comendatus dimidius Edrico prepositi Regis et dimidius Comendatus Antecessori Malet viii acr semper dimid Car. et val iiii sol Soca Regis et Comitis In parvo Thornham viii liberi homines xxviii acr Comend Ulvenae Tunc ii Car. modo 1 et dimid et val v sol In eadem Duo liberi homines unus eorum * fuit Comendatus Ulvenae et alter dimidius Subcomendatus Antecessori Malet In Gislingham three Freemen of which Ulvene * In the time of King Edward had the Protection of two and they seven Acres and half a Carucate and paid xvi d. in the same Town two Free-men had twenty six Acres one was Protected by Ulvene by name Coleman with six Acres Then half a Carucate * Before the Conquest it was half a Carucate after it lay wast now nothing and it did pay 4 s. In the same Alviet a freeman under the Protection of Alsi the Nephew or Grandchild of Earl Ralph held thirty Acres for a
of every one a peny and of every one under a year old an half-peny Also they ought an Aid once in a year to their Lord saving their Lively-Hood or Imployment in Husbandry Also they ought to go to Beltisford with their Horses Sacks and Packing Needle to carry Corn to the Granary of Spalding at their own Expences Also they ought to pay yearly for their Residence upon the Maner seven pence Also they ought to pay for every Yoaked Plough that was furnished with Horses or Oxen between Candlemass and the Feast of Saint Buttolph two shillings and four pence Also they could not sell or give their Land without Licence from the Lord Prior. Also they could not plead or maintain a Title by the Kings Writ concerning their Soccage unless by his Licence Also they cannot sell any Horse Colt which came of their own Mares without the same Licence Also they ought to compound with or give a Fine to the Lord for Liberty for their Daughters to Marry The Names of those who put their Seals to this Writing the Seal of Sir William de Albeny of Sir Geofry de Sancesmare Sir Walter de Coventre Sir John Bonet then Sheriff of Lincoln-shire Sir Alexander de Pointon and Sir William de Welle These were undoubtedly some of the twelve Knights by whom the Recognition was made of the Services of the Socmen in the County Court when they denied them and would have asserted themselves free from them Villani VIllanus and Rusticus were almost the same in old Authors so called because they lived in small places in the Country and manured the Lands there and because they were imployed by Lords of Maners in sordid and slavish Works the Word was also used for sordid and slavish People and such were most commonly meant by it See the History fol. 206. F. The Socmen Bordars and Servants the Names I mean were not so usual within a Century or two after the Conquest And instead of them were more frequently used the words Consuetudinarii and Censuarii such as paid Rent and performed Works and Services Cotarii who held poor Houses and some small parcels of Lands by small Rents and few Works but generally more Servile Sometimes by Services only without Rent and Coterelli that is small Cotars or Cotagers by the same though fewer Services and Payments in Rent Hens Eggs Fowl c. and Tofmanni very little different from the Cotars or Coterelli in Tenure and Services for a Toftman notwithstanding the common Notion of a Toft being a decayed Tenement or House was one that possessed a very small House and an Acre or half an Acre or some small parcel of Ground by the same Services with Cotars or very little different from And lastly Operarii whose Works were always uncertain and were poor miserable Labourers that wrought at all times and seasons and did all manner of Works at the command of their Lords and to their only Benefit and these undoubtedly were such as in Domesday Book are said to be Servi in respect of whom all such Customary Tenents Cotagers Villans Bondmen or Nativi that performed certain Works might be called priviledged persons or Socmen All these Men were not exactly of the same condition though of the same Denomination for many times Free-men performed Servile Works in respect of their Tenure though their Persons were Free and oft-times any of the others performed certain or uncertain Works at the Command of their Lords and according to the first Stipulation or Charge upon their Persons or Lands except those that were really Customary Tenents and I am apt to think that in Process of Time all these Names began to be Confounded and Promiscuously used one for another I have by me an old and very exact Survey or Extent of all the Maners belonging to the Bishoprick of Ely made about the middle of the Reign of King Henry the Third where in every Town all these persons are described and distinguished one from another both by the Quality and Quantity of their Works but by the Quantity most frequently By the Statute intituled Extenta Manerii in the fourth of Edward the First all these Servile People of so many different Names pass under two only that is of Customary Tenants and Cottagers in which all the others were then comprehended In the same Book the liberè Tenentes those in Military Service and Soccagers in several Towns are described under the same Title but most commonly the ordinary liberè Tenentes which were very few are clogged with Works and seem to differ not much from the Customary and Censuary Tenants when united in one Tenure consisting in part Rent part Services that were customary and certain many times Works were changed into Rent as also were some part of the Lands holden in Military Service and in this old Extent they are called Novi Feoffati and these and such as these who since the Dissolution of Monasteries which were endowed with a third part of the Lands of the Nation purchased some small parcels of Land holden in free Soccage make at this day the Bulk of the Freeholders For until by experience the conveniency of changing of Works into Rents was approved and until the Military Men had Power by Magna Charta C. 32. and Stat. 18th of Edward the First to alien their Lands leaving sufficient to perform the Service there were but few Free-holders in our now common understanding of them nor had they then by being Free in their Persons and from base Services or Works any Interest or real Power or the least share in Transacting Public Affairs or were any ways concerned in them but were Free only from Villenage and Servitude and were Sui Jurii at their own disposing so far only as like Villans and Bondmen they were not under the Power and absolute Command of other men that is their persons were free and they might dispose of what they had without let or hindrance of their Lords of whom they held their Lands ERRATA FOl. 5. lin 16. dele ae f. 14. l. penult r. Brigantes f. 18. l. ult r. Claudius f. 27. l. ult in note r. Vrbicus f. 35. l. 1. r. Ariminum f. 37. in the notes change y for u and u for y. f. 38. instead of z in the notes there ought have been * f. 42. l. 12. r. Turnacensium Ibid. in note l. 8. r. Loir f. 44. in note r. Tigrisienses f. 60. l. 5. r. Gemblacensi◠f. 70. l. 20. r. Allodium f. 71. F. l. 45. r. vivus f. 78. l. 23. r. or f. 82. in note o r. Munumitted f. 84. l. penult r. Priests f. 126. in note q r. Giraldus f. 132. l. 13. r. matter f. 134. l. 21. r. Algar f. 142. in note ◠r. Ferrariis f. 153. in note l. 1. r. Seon. Ibid. l. 5. r. Writ f. 158. in note e l. 7. r. 1. Johannis In eadem l. after Castle insert and. Ibid. l. 10. r. 7. Johannis f. 170. l. 8. r. Another f.
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.
be as antient as Gafoland however we find it in the German Saxon Laws Tit. 14. § 2. Tit. 16. This sort of Land and Alodium was the same with the Germans as appears by the Ripuarian Laws Tit. 56. de Alodibus § 3. While any of the Masculine Sex remains a Woman shall not succeed in the antient Inheritance Ll. Anglor Tit. 6. de Alodibus § 1. Haereditatem defuncti filius non filia accipiat The Son not the Daughter shall receive the hereditary Estate of his dead Father And § 5. Ad quemcunque haereditas Terrae pervenerit ad istum vestis Bellica i. e. Lorica debet pervenire The Habiliments of War went with the Land To whomsoever the Inheritance shall come the War-like Garment and Habiliments ought to descend likewise and § 8. After the fifth Generation the Daughter may succeed and then the Inheritance passes from the Lance to the Distaff This whole Title and Law seems to be concerning Feudal Lands ibidem Tit. 13. libero homini licet haereditatem suam cui voluerit tradere A Free-man may dispose of his Inheritance to whom he will Ll. Salic Tit. 62. de Alode § 6. de Terra vero Salicâ nulla portio haereditatis mulieri veniat sed ad virilem sexum tota terra haereditas perveniat No part of the Inheritance of Salic Land shall descend to a Woman but the whole Inheritance of the Land shall come to the Males Ll. Alaman Tit. 92. de haereditate c. § 1 2. Courtesie of England brought from Germany Si quae mulier quae haereditatem paternam habet post nuptum praegnans peperit puerum in ipsa horâ mortua fuerit infans vitus remanserit aliquanto spatio vel unius horae ut possit aperire oculos videre culmen domûs quatuor parietes posteà defunctus fuerit haereditas materna ad patrem ejus pertineat Et tamen si Testes habet pater ejus quod vidissent istum infantem oculos aperire potuisset culmen domûs videre quatuor parietes tum pater ejus habeat licentiam cum lege ipsas res defendere Si autem aliter cujus est proprietas ipse conquirat That is if any Woman which hath a paternal Inheritance after marriage bring forth a Child and dyes in Child-birth and the Child remains alive for some short space so as it can open its eyes and see the top of the House and the four Walls and afterwards dieth the Father shall enjoy the Mothers Inheritance and if the Father hath Witnesses which saw the Infant open the eyes so as it could see the top of the House and the four Walls then his Father had liberty to defend his Title by Law But if otherwise he may obtain it whose propriety it is This certainly is that which we call the Courtesie of England and which the Lawyers call Lex Angliae and Littleton in his Tenures Sect. 35. says this this Custom was used in no other Realm than in England only yet Sir Edward Coke upon this Author fol. 30. reports it to be used in Scotland and Ireland also Feudal Tenures from Germany We shall now further enquire after the Feudal Land and Tenures amongst the German Nations to whom 1 De Jur. Belli pacis lib. 1. c. 3. §. 23. n. 1. Grotius says they were proper and that they were no where to be found unless where the Germans placed themselves but besides this Testimony of Grotius they are often found mentioned in the German Laws by the name of Beneficia which as 2 In verb. Hottoman observes were the same with Feuda and Beneficiare the same with Infeudare or Feudum alicui tribuere Capit. Car. lib. 3. c. 71. Quicunque beneficium principis habet non pergit in exercitu honorem suum Beneficium perdat Whosoever hath a Fee from the Prince and goeth not forth in his Army shall lose his Honour and Fee ibidem lib. 1. c. 132. Omnes Episcopi Abbates Abbatissae Optimates Comites ceu domestici cuncti fideles qui Beneficia regalia tam de rebus Ecclesiasticis quam quae de reliquis habere videntur unusquisque suam familiam suo beneficio nutricare faciat c. All Bishops Abbats Abbesses great Men Earls or Domesticks and all Vassals that have Royal Fees as well of Church Lands as of others shall maintain their own Families and such as belong to them upon or with their own Fees c. again lib. 3. Cap. Car. c. 19 20. the Emperor takes notice that many of his Earls and other Vassals cheated him of his Fees by giving or granting the Propriety of them to others and then by purchasing them again in ipso placito in the publick Court acquired to themselves an Inheritance and in many other places there are provisions made for the ordering of these Fees or Beneficia And Vassi dominici comitum Ducis Episcoporum Imperatorum Regis and ad Marchiam custodiendam constituti are to be found in most of the German Laws Now 3 Hottom in verb. Feud in verbo Vassus was such an one as having received a Fee or Beneficium obliged his Faith to the Author or Donor of it and is indeed the same with Feudatarius and Beneficiarius The reason why in these antient times we find few Laws concerning Fees or Beneficia or that we want a just account of them is because the Feudal Law was then contained only in Customs 4 De feud disput l. 871. and usages and not written until the time of Frederick the First Anno Domini 1158. Radev invitâ Fred. 1 mi lib. 2. c. 7. n. 30. Yet somewhat before this time there is extant a notable Feudal Constitution of Conradus Salicus who 5 Wippo in vit Chunrad fol. fol. 423. n. 20. fol. 424. n. 40. was chosen Emperor in the plain between Ments and Worms in Germany and began his Reign Anno Domini 1024. amongst the Laws of the Longobards lib. 3. Tit. 8. L. 4. Conradus Dei Gratia Romanorum Imperator c. Praecipimus firmiter statuimus ut nullus Miles Episcoporum Abbatum Abbatissarum Marchionum vel Comitum vel omnium qui Beneficium de nostris publicis bonis aut de Ecclesiarum praediis nunc tenent aut tenuerint Conrades Constitution about Fees aut hactenus injustè perdiderint c. Conrad by the Grace of God Emperor of the Romans We command and firmly injoyn that no Miles Knight or Horse-man of Bishops Abbats Abesses Marquesses or Earls or of any which hold or have held a Benefice or Fee of our publick Lands or the Farms of the Church or have unjustly lost them as well our great Valvasores or Feudataries as their 6 Miles Vassallus Synonyma Hottom in verbo Milites or Vassals without a certain or evident fault shall lose his Fee unless according to the Custom of our Ancestors and the
in his demain and Possession so did the Archbishop hold his The same way of proceeding by virtue of the general Precept before-mentioned is to be found in the History of the Church of Ely The Plea of the Church of Ely for the Recovery of its Lands King William [2.] In Appeal n. 3. directs his Writ to all his Leiges or Tenents and Sheriffs in whose Sherifwicks the Abbey of Ely had Lands that it should have and enjoy all its Customs c. that it had the day that King Edward was living and dead and as they were recovered and proved to belong to that Church by many Shires at Keneteford a Town in Suffolk near Newmarket before his Barons Several Writs are in the [3.] N. 4 5 6 7 8. Appendix touching the Lands and Customs belonging to the Abbey of Ely That such Normans as had seized or invaded any of them were to restore them In [4.] Warwic scire Terra Episcopi de Wâ—recestre f. 238. b. col 1. The Bishop of Worcester's Plea Doomesday Book 't is Recorded that the Bishop of Worcester the Famous Wulstan by Plea and by force of the same general Writ in the presence of four Counties or Shires before Queen Maud recovered seven Hides and half of Land in Alvestone and that thereof he had the Writ or Chart of King William and Testimony of the County of Warwick In Alvestone tenuit Britnodus Alwi septem hid dimid T. R. E. Sed Comitatus nescit de quo tenuerit Wulstanus autem Episcopus dicit se hanc Terram deplacitasse coram Regina Matilde in presentia quatuor vice-comitatuum inde habet Breves Regis W. Testimonium Comitatus Warwick By these Instances it appears That the Pleas for Church-Lands were generally held before all or most of the Counties summoned together in which the Lands lay and that the English were called thither to give Testimoy whether they belonged to those Churches in the time of King Edward for no others could be competent Witnesses being all Strangers to the thing in question There are likewise many Instances to be found in Doomesday of this way of proceeding and Trial of Titles in the County Hundred Wapentack or Trihing under the Title of Clamores in (e) Treding or Rideing not improbably from Trihinga which was a portion of a County that contained three or four Hundreds * Ll. â—d Confessor c. 34. to which portion of a County there was an Appeal from the Hundred and from that to the County Sudtreding Lincoliae In Tadevill Trials for Tiths of Lands in the Hundred or Warpentack in the Conqueror's time Hundred clamant homines Episcopi Bajocensis Carucatam Terrae super Robertum Dispensatorem homines de Wapentack dicunt quod ipse Episcopus jure debet habere and in the same Hundred there under the same Title Clamant homines ejusdem Episcopi super Hugonem Comitem tres Bovatas Terrae Wapentack dicit quod ipse Episcopus debet habere In the same Title there is also an Appeal from the Hundred to the County in a Plea between Gilbert de Gund and Norman de Areci both claiming upon William de Percy twelve (f) An Oxgange or Oxgate auncienly [1.] Spelm. Glossar in verbo A Bovate or Oxgange of Land what as much as one or a pair of Oxen could Plough or keep in Husbandry tilth in a year or as much as they could Plough in a day sometimes but here it is to be taken in the first sense by some accounted eighteen Acres by others but thirteen but as Carucates and other Portions of Land was uncertain according to the Soil which was harder or easier to Plough Bovates of Land which concludes thus Sed Wapentack comitatus dicunt quod Gilbertus debet habere non Norman Willielmus vero Percy tenet ea dono Regis Sicut tenuit Robertus Filius Stigandi And in the Title of Clamores in Kesteven a part of Lincolnshire there is a claim referred to the King's Court Clamores quos Drogo de Bruera facit super Terras Morcari dimittunt viz. the men of that Division in judicio Regis and there is also Recorded in a claim of Earl Alan upon Wido de Credon of fourteen Bovates and given in by the same Persons that Alger homo Alani dedit vadimonium Baronibus Regis that is such Barons as were Commissioners to make the Survey of this County ad confirmandum per judicium aut per Bellum See Bellum and Judicium in the Glossary That is he gave Security to make good his Master 's or Patron 's claim by Ordeal or Battle Doomesday fol. 212. In Norf. in Hund. Dimid de Clakeslosa Photestorp Hanc Terram calumpniat esse (g) Libram That is it was not Church-land or appendant to the Church and so free for the Normans to seizâ— on liberam Vlchetel homo (h) Hermerius de fenariis Hermerii quocunque modo judicetur vel Bello vel Judicio See Glossar ut supra alius est praesto probare eo modo quod jacuit ad Ecclesiam die qua Rex E. obiit Sed totus Hundredus testatur Eam fuisse T. R. E. ad Sanctam Adeld In Norf. the Hundred and half of Clakeslose * Since called Fodeston or Foston a decayed Town Photestorp Ulshetel the Vassal Man or Champion of Hermerius claims this Land to be Free which way soever it be tried or judged by Battle or Ordeal and there is another ready to prove the same way that it was Church Land the day that King Edward died But the whole Hundred witnesseth that in the time of King Edward it was the Land of St. Audry or the Abbey of Ely In Doomesday Clamores de (i) (i) Treding or Riding from Trihinga as before and the same with Lests in Kent or Rapes in Sussex See Ll. Ed. de Trighingis Ledis c. 34. These Trihings had their Thrihingerefas their Governors or Reves and what could not be determined in the Hundred or Wapentach was ended here and what could not be ended here was determined in the Shire North-treding Everwicscrire f. 374. col 1. Sanctus Johannes de Beveâ—laco Omnem Terram quam calumniabatur Drogo super Sanctum Johannem Testificata est ad opus ipsius S. Johannis per homines de Treding per Donum R. W. quod dedit S. Johanni tempore Adeldredi Archiepiscopi de hoc habent Canonici sigillum Regis Ed. R. Will. Canonici de Beveâ—laco Ibidem Clamores in Sub-treding Lincoliae T. R. E. fuit saisitus Almar Antecessor Archiepiscopi Thomae de soca x. Bovat in Ulingeham hac terra fuit Code modo est Rayner de Brunon pro iii. lib. fuit invadiata T. R. E. modo affirmant homines de Treding quod Archiepiscopus jure debet habere hanc socam quousque ei reddantur iii. lib. Almar was not here Antecessor to
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
Sickness or other Impediment before Battel then by this or that Person as many as he would which were present and shewed in Court who had seen and heard of the thing in Controversie or thus and this I am ready to try by this my Free-man D. unto whom his Father on his Death-bed injoyned upon the Duty of a Son which he ought to him that if at any time he should hear of a Suit for that Land he should adventure himself by Combat to prove it The Tenant had his choice to defend himself by Duel or Grand Assize as that which his Father had seen and heard the claim of the Demandant thus heard it was in the 8. choice of the Tenent to defend the same against the Demandant by Duel or put himself upon the Great Assize of the King and to require a * Enquest recognoisant Grand Custom c. 92. Recognition which of them had most Right in that Land [9.] Ibidem And if he would defend it by Duel he was then obliged to defend himself against the claim of the Demandant in the very words it was made either by himself or some other fit Person And that the Combat once waged he that held the Land ought to defend it that way and could not afterwards put himself upon the Great Assize [1.] Ibidem And note before the Duel began it was necessary for the Demandant to appear in Court and have his Champion there ready to fight nor might he bring any other than one of those he first shewed in the Court upon whom he put the Dirationation or proof of his Cause [2.] Glanvile lib. 2. c. 3. The Champion of the Demandant ought to be such an one as might be a â—it Witness nor could the Demandant prosecute his Appeal in his own Person because that could not be done but by a fit Witness who had heard of and seen the thing in question [3.] Ibidem Note also that the Champion Defendant could not in the Court produce in his place any other to undertake the Combat than his own Legitimate Son [4.] Ibidem But it often happened that a Champion was hired for reward to make Dirationation or proof of the matter controverted against whom if the adverse Party should except that he was less fit because he had taken a reward or been hired and being ready to prove the same against him if he should deny it by himself or by some Person who saw him take the Reward Principale duellum remanebit he should be heard and the principal Duel was to remain or be stayed [5.] Ibidem And if he was hereof convicted and the Champion of the Plaintiff vanquished in Combat then his Master or Patron lost his Suit and the Champion as being conquered lost the Law of the Land that is to say afterwards he was never to be admitted in Court as a Witness to make proof or Dirationation of any thing for any other man by Battel [6.] Ibidem But for his own self he might defend his own body or prosecute an injury done to him as breach of the King's Peace and might also defend the Right of his Fee and Inheritance by Combat [7.] Ibid. c. 3. In fine The Punishment of a Recreant The Battel ended the vanquished Person was (d) This was a great Penalty in those days and in the Saxon times one of the highest for great Crimes as appears every where in their Laws punished sixty shillings as a Recreant or Coward and moreover lost the Law of the Land [7.] Ibid. c. 3. In fine The Punishment of a Recreant And if the Champion of the Tenent or Defendant was overcome his Lord Patron or Master lost the Land claimed with the Profits and Commodities found upon it at the time of Seisin And could never afterwards be heard in Court again for the same for those things that were determined in the Kings Court by Duel were to remain firm for ever and thereupon a Precept was directed to the Sheriff That the Victor should have the Land which by Combat was proved to be his and should be put in Seisin of it by this [8.] Ibid. c. 4. A Writ of Seisin to the Victor after Battel Writ The King to the Sheriff Greeting I command you that without delay you cause M. to be seized or give him Possession of one Hide of Land in such a Town concerning which there have been a Plea or Controversie in my Court because the said Hide of Land was adjudged to him in my Court by determination of Combat witness Ranulph c. [9.] Ibid. c. 5. Thus it was if the Demandant prevailed in the Combat but if his Champion were overcome then the Tenent or Defendant was acquitted from his claim Thus much Glanvil of Tryal by Combat in Civil Cases In Criminal Cases it was also used Duel or Battel in Criminal Cases but more especially in Appeals of Treason and Murder And the manner of this Tryal [1.] Lib. 3. c. 18 Bracton delivers beginning thus of those which are taken for any Crime or great Felony as for the death of a man c. [2.] Ibid. n. 3. when the Delinquent was brought forth and accused in Court and confessed the Crime there was sufficient ground for a full and compleat Judgment But if he denied it and any one Appealed him of the Crime and that he did not except (e) There were many Exceptions to be taken many several ways in this way of Tryal Exceptions against an Appellant as first to the Person of the Appellant that he was Outlawed Perjured a Condemned Person or formerly had been Recreant and not made good his Proof c. any of which were reason enough to put him by his challenge if proved against the Appellant he had his choice whether he would be tried by his Country whether guilty or not or he might defend himself by his own body that is by Battel if he chose to be tried by the Country and repented him of it he could not try his Case by Duel but must have it decided by the Country and so on the contrary And taking upon him to defend himself by Battel [3.] Ibidem The Judge by his Office ought to examine whether all things rightly concurred for the joyning Battel [4.] Ibidem and if the Fact and Cause were sufficient and all things concurred well to warrant the Combat then the Appellate or Defendant gave Pledges or Security to defend himself and the Appellant to disprove or dirationate him and if the Appellate or Defendant were overcome The Defendant if overcome lost his Estate and Goods The Appellant if vanquished cast into Prison as a False Accuser he suffered capital Punishment and lost all his Estate and Goods But if the Appellant were vanquished he was committed to Prison to be punished as a False Accuser yet he was not to lose either Life
printed at Paris 1539. there is a * C. 25. Chapter de exercitu Ducis not to be found in the French Print of that year but Du Fresn in his * Tom. 3. col 832. Glossary cites a good part of it from the MSS. Customer in the Chamber of Accounts at Paris Military Service in chief which he made use of in these words Or est vn service que Doit estre fet au Prince en armes se lont la Coustume L'establissement des Fiemens des Villes icest service est accoustume á fere par 40. jours Service of 40. days pour le secours l'aide de la terre de câ—ux qui en tiennent les Fiemens come ce soit fet pour aucun Delivrance pour le profit dâ—l Comun Pâ—eple c. Tous fiefs de * See the Glossary Hauberâ— sont especialment establis pour fair le propre service de la Duchee Ensement de Tous les Countees les Baronees Doivent accomplir ce service a decertes toutes les villes qui ont Communes Si devez scavoir que les sieus de Haubere que sont es Countees es Baronnies qui ne sont pas Establies pour la Duquee de Normandie ne doivent pas de service D'ost fo rs as Seigneurs as quieux il sont soumis Excepte nequedent Larrierban del Prince auquel Trestous grans petits pourtant que il soient Convenables pour armes porter sont tenu sans excusation nulle a fair lui aid profit a tout leur pooir Now there is a Service which ought to be made to the Prince in Arms according to the Custom and Establishments of Fees and of Cities or Burghs and this Service is by Custom performed by * Co. Lit. Sect. 95. forty days for the succor and aid of the Land by such as hold the Fees as it were done for any Deliverance and for the profit of the Commune People c. All Military or Knights Fees were especially established to do the proper Service of the Dutchy and likewise all the Earldoms and Baronies ought to accomplish this Service and all the Cities or Burghs that have Communities it is also to be understood that the Knights Fees which are in the Earldoms and Baronies which are not established for the Dutchy of Normandy nor do owe Service to the Army but to the Lords of whom they are holden except at the Arrierban of the Prince to which all both great and small that are able to bear Arms are bound to come without excuse and to give him aid and assistance with all their Power The Latin Version agrees with this French Text and as it proceeds further The Duke granted to such as held of him Scutage Service of the Tenents there is a Clause exactly agreeable to the antient practice in England The Duke of Normandy granted to such as had performed their Service in the Army forty days Scutage-Service of such as held of them by Military Service Exercitus autem dicitur auxilium illud pecuniale quod concedit Princeps Normanniae facto exercitus per 40 dies servitio Baronibus vel Militibus de illis qui tenent de eis feodis vel de tenentibus suis in Feodo Loricali And so was the Usage of our antient English Kings after the Conquest to grant to such as had personally or by substitute or fine performed their Service in the Army Scutage-Service of such as held of them in Military Tenure Heritages partible and not partible C. 26. 36. Gavelkind Tenure in Military Service and Serjeanty impartible Heritage partible was equally divided amongst all the Sons c. All the Children of one Son were but to have the share of their Father divided amongst them A Father that had many Sons Ibidem Glanvil lib. 7. c. 1. 3. Soccagium divisum could not give one a better Share than the other of his Heritage for if he did notwithstanding his Gift it was to be divided with his other Lands amongst his Sons after his death He could not Give Sell Mortgage or any way put any part of his Heritage into the hand of a Bastard Son but within a year and a day it might be recovered by his Heirs Impediments of Succession were Bastardy profession of Religion C. 27. Impediments of Succession Blood attainted Leprosie c. Lands of a Bastard if he had no issue by a lawful Wife returned to the Lord of the Fee Tenures were by Homage by Parage by Bourgage by Almoign C. 28. What Tenures in Normandy Bordage or Tenure of servile works Tenure of Rent or Rent Charge c. No Tenent by Homage could sell or ingage his Fee C. 29. Tenent by Homage could not sell c. without consent of his Lord unless in some parts there was a Custom to sell or ingage a third part or a less so as there was left enough to pay and perform the Services Faisances and Dignities due to the Lords Parage is when the younger Brothers hold their Share of the Fee of the elder Brother and he of the Lord C. 30. Parage and does the Homage and Service they contributing their Shares So it is called Parage in respect of Parentage in which they are equal not in respect of their Estates C. 31. Bourgage Bourgage is a Tenure according to the Customs and Vsages of Bourghs and may be bought and sold as Moveables without the Assent of the Lord. C. 32. Franc Almoign Tenure in Almoign or Franc Almoign So Lands given in pure Alms to God and such as serve him C. 33 Ward and Marriage A Member of a Military Fee what The Duke of Normandy had the Guard or Wardship and Marriage of all Minors which held of him by Homage by a Fee or a Member of a Military Fee A Member of a Military Fee is the eighth part or any part under as a sixth or seventh not but it might be divided into more but less than an eighth could not have Court and Vsage belonging to it So other Lords of such as held of them by Homage The Duke and other Lords had also Reliefs 15 l. of a Military Fee C. 34. Relief and 100 l. of a Barony upon the death of the Tenents an Earl paid 500 l. C. 35. Three Capital Aids Glanv lib. 9. c. 8. Tenents in Military Service paid three Capital Aids one to make the Lords eldest Son a Knight a second to marry his Daughter a third to redeem their Lord out of Prison C. 39 40 41 c. Glanv l. 1. c. 28. to the end Essoins Essoins or excuses for delaying Suits in Feudal Pleas were de Malo veniendi de Malo lecti per Servitium Ducis de ultra Mare de Privilegio crucis c. The same in England C. 50. Warranty Of Warranty whoever was called to it was bound to secure
the Land he passed away or to give so much other Land in lieu of it to him that vouched him to warrant it C. 51. 67. Wrong in Word or Deed as Battery and Defamation were Actions personal Actions of wrong Possession of Fees Moveables or Chattels were possessional De Tort faicte Tort. Wrong or Tort was the Fountain of all Contention C. 5â— Forcible Entry Forcible Entry and breach of the Peace contrary to the Dignity of the Duke and Peace of the Country C. 53. Gloss Tit. Court Pleas of the Sword By Charter from the Duke Knights Earls Barons had Courts c. Of all these Pleas and also Pleas of the Sword the Duke hath his Lay-Court And also by Grant and Charter from the Duke Knights and such as hold freely Earldoms and Baronies and other Dignities Feudal whether Military Fees or Frank Sergeanties or other Frank or Free Fees have their Courts of their Residents in simple Plaints And of light and weighty Matters of Moveables and Heritages and of Thefts yea although they were to be determined by * Glanv l. 8. c. 9 Battle But such as were not noble Tenents or held by vile Services as Bordiers and such as performed drudging and villain Services had no Court or Vsage over Tenents in such Fees C. 52. Tit. de Haron our Hue and Cry There was a Court of the Cry called Haron with us Hue and Cry to which all that heard it were bound to go And there was an Inquest whether the Cry was rightfully or wrongfully levied for it was never raised but in Causes Criminal as for burning Houses for Theft Murder Robbery or other great and apparent Mischiefs or danger They begun at the place the Fact was done and pursued the Malefactor from Parish to Parish with noise and Arms until if they could they had taken and rendred him to Justice and for neglect in the Parish or Peoples making this Cry and pursuit they made fine to the Duke This was called a Plea of the Sword or as we call it of the Crown because such Malefactors ought to be restrained by the Sword and Arms and ought to be put in Prison and bound Such Plaints are called Criminal Ibidem Plaints Criminal for which a man loseth Life or Member others are called simple by which the Malefactor is only chastised as a Child with a Rod. The Court of some Plaints is in the Vicount of some in the Assize Plaints in the Vicount Assize Exchequer of some in the Exchequer In the Vicount were only Holden Simple Plaints What Plaints in the Vicount and the amends of Defaults in the Assize and such Plaints as ought to have the term of fifteen days that is were holden from fifteen to fifteen days And such as were holden in this Court were called Pleas Vicountel Pleas Vicountel Every great Plaint as Breach of the Peace Cases Criminal Ib. Gloss K. What Plaints in the Assize and Exchequer Cases touching Noble Fees and all the like great Plaints could not be determined but in the Assize in the Exchequer or before the Prince where the Determination was Recorded And for this reason these Courts were furnished with more Sage men than others that the Plaints might be more discreetly determined The Exchequer was an Assembly of high or Superior Justiciers C. 56. What the Norman Exchequer was to whom it belonged to amend the Judgments of the Bayliffs and lesser Justiciers and to correct their Errors to render right to every man without delay as from the mouth of the Prince to preserve his Rights and to recall such things which had been evilly and fraudulently granted away or put out of his hands and to observe every where as with the Eyes of the Prince those things which appertained to his Dignity and Honor. The ordinary way was Ib. in the Gloss The Office of Bayliff and Vicount that the Vicount corrected the ill Judgments and Errors of the base Justicies under him and the Bayliff those of the Vicount and the Exchequer those of the Bayliff A Plaint or Clamor is C. 57. A Plaint or Clamor what Plantiff bound to prosecute when any one shews by complaint to the Justicers the wrong that is done him who have power to receive them and to take Pledges of the Complainants that they will prosecute them The Plaintiff thus bound C. 58. if he appeared not in Court at the day appointed him and if his Adversary then appeared he had leave to go without day if the Suit were concerning a Lay-Fee To go without Day what and the view were made and the Plantiff pursued not his Claim but made Default he was not to be heard any more in that Matter To lose by Default And if the Defendant made Default in that Case he ought to lose the Seisin of the Fee which was shewn or viewed C. 62. Glanv l. 2. c. 3. Witnesses c. Witnesses sware to what they heard and saw and were ready to do as the Court should award no man to witness in his own Case nor his Heir for him nor any Partakers in the Plaint or Relations C. 63 64 65. Pleaders Conteurs Attorneys There were Pledeurs Conteurs and Attorneys that pleaded and managed Cases in Normandy to these are answerable our Serjeants Barresters and Attorneys C. 66. View before Tryal Land demanded by Battel or Writ of Right Knights c. made the view There were also views of several things required before Tryal view of the Fee view of the Sick person view of the Mischief done view of the person slain view of the defloured Virgin c. The view of the Fee or Land in question when it was demanded by Battel or a Writ of Right and generally in all Pleas or Controversies concerning the Inheritance was made by four Knights and twelve lawful-men Novel Disselsin view made by Knights Languor view made by Knights In Novelle Disseisines and all Plaints brought after the manner of Novel Disseisin which were for Possessions the view might be made by twelve lawful men without Knights but it were better if Knights were there if they might easily be had The view of Languor or Sickness was made by * Glanv lib. 1. c. 19. The same here four Knights The view of Murder Homicide Mayheme or wounds inflicted by force was made after the same manner The view of a Virgin defloured was made by seven Matrons of good Credit C. 67. C. 51. Tit. de Querelles Pleas or Plaints some are personal some real personal either by Deeds or Words by Deeds as by Battery or Wounds C. 68. Glanv l. 14. c. 3 Murder Battel In Suit of Murder R. complains of T. that he Feloniously murdred his Father being in the peace of God and the Duke and that he was ready to prove it c. If T. denies it word for word and offers gage to defend
into the hand or Possession of the Prince nor was it to be restored until the Plea was ended and this was the meaning of those words in the Writ Vt terra sit in pace When the thing was thus shewn the Serjeant commanded the Possessor to resaise the Plantiff according as it was contained in the Writ and whatsoever ensued whether he did or did not he assigned to both Parties a day at the Assizes and if the Possessor did not yield the thing demanded at the View and did yield it afterward at the Assizes though he never medled with it yet he was bound to amends that is to fine to the Duke or Court C. 95. After the View made and the Recognition was adjourned to the Assizes the * Bracton l. 4. c 18 19. The same method there in Normandy Writ was there read in the presence of both Parties and the Bayliff or his Deputy that held the Assizes demanded of the Plantiff if he would pursue his Brief if he said no he was punished for false Claim or Clamour and so it was if he said he did not know whether he should or not if he said he was ready to prosecute then the Defendant or Possessor was asked whether he would stand by the Writ as it was read if he said neither the View nor Recognition were made according to the words of the Writ The French word Record used here signifies Witness Dissaisin his answer was to be tried by the Record or witness of two of the View If he would not stand by the Writ and be found culpable in any thing in the Controversie of the Dissaisin he was to amend or fine to the Prince and pay Damages to the Plantiff as they should be declared by the Jury and the Saisin was to remain to the Plantiff also as it had been acknowledged to belong to him by the Jurors If the Defendant or Tenent said he would stand to the Writ C. 95. Bracton lib. 4. c. 19. n. 2. then the men were called before the Parties every one by his name to make Oath and their Names were entered in the Register of Assize and the Parties might challenge or except against such as they had right reason for to do it After the Jurors were sworn * Ibidem n. 3. Jury go out and are shut up no man was to speak to them publickly or privately except the Bayliff who commanded them to speak the truth in this form By the Faith and Belief you have in our Saviour Jesus Christ c. do you know the Plantiff was possessed of or had the Saisin of the Land which was shewn you before such a time the time suppose of the Dissaisin and how and in what manner he had it and that since that time the Defendant did dissaise him and how Then the Jurors went out to consider and advise and were kept under strict guard least the truth might be corrupted by evil perswasion When they had advised they returned again before the Bayliff in the Assize and if they were all agreed one answered for the rest C. 95. They return one answer for all c. if they disagreed every one then might give his Answer If they said the Plantiff had the Saisin Feodal as he affirmed and that the Defendant had dissaised him the Saisin was rendred to him and the Defendant fined or amended and then there was an Inquiry made what Damages the Plantiff had sustained by the Dissaisin Inquiry of Damages If the Jurors said the Plantiff was not saised in the Fee C. 95. but held Land for Debt or by Mortgage or by Rent or for any other such reason and would not part with it though the term was out then the Defendant remained in Saisin and the Plantiff amended or fined if the Jurors knew not the term the Plantiff if he would might prove it In Pleas of Novel Disseisin the manner of Saisin ought to be regarded above all things and how it was obtained for all Saisin C. 95. Novel Disseisin ought not to be rendred to him that required it If any one of his own accord or by Sentence gave another the Saisin that he hath if he requires it afterward he shall not have it if any one required the Seisin where he entred by force or which he had received from one that had nothing in the thing to give him such Saisin was not to be confirmed to him or allowed for all Saisin which was either by force or stealth and fraud was detestable The Writ of Novel Dissaisin was in this form C. 93. Writ of Novel Disseisin Bracton lib. 4. c. 16. n. 2 3 4 So all our Writs run that the Viewers be at the next Assizes Commande á R. que a droict Sans delay il resaisisse T. du une Terre qui est Assise en le paroisse de Marbeufe dont il a dissaisy a tort sans Judgement de puis le denier Aoust devant Cestuy se il ne le faict Semond le recognoissant du voisine quel soit an primieres Assises de la Baillie fay dedens ce veoir la Terre estre la chose in paix Command R. that justly and without delay he doth resaise T. of certain Lands in the Parish of Marbeuf of which he hath dissaised him unjustly There was also a time limited in our Writs of Novel Disseisin and without Judgment since the last of August before this and if he doth not Summon a Recognition of the Vicenage to be at the next Assizes of the Bayliwick and the mean while cause the Land to be viewed and to be in peace Writs directed to the Serjeant of the Bayliwick This Writ was directed to the Serjeant of the Bayliwick or his Deputy and when he received it he appointed a day to the Plantiff to hold the View and summoned the Defendant to be present if he would and twenty men the nearest to the Land the most credible such as were not suspected by or a kin to one party or the other and were to be such as were believed to know the truth of the Plea and before them the Land was to be taken into the hand of the Prince whether the Defendant came or not nor was it to be put out of the Princes hands until the Plea was ended and if either of them medled with it his Body was to be imprisoned until he had satisfied for his mis-doings Glanv lib. 12. c 3. c. 6. Many sorts of Dissaisins There were many Dissaisins some of Lands others of Herbages others of Rents others of servile Works others of Franchises others of Services in all which the Writs were framed according to the divers Terms and times of Performance or Payment from and upon which the Pleas were always laid C. 97. Default Plea lost for not bringing it c. If the Plantiff made Default the Defendant went without delay
Conqueror by his half Sister Maude Countess of Albemarle the eldest Maude being Married to Simon de St. Liz or Sylvanectensis with whom he had the County of Huntington c. and the third was Married to Robert the fifth Son of Richard de Tonebridge Ralph de Conchis the Son of Isabel and Ascelin Goell and Almaric de Monteforti joyned their Forces and wasted the Country but were not able to do much for him for Eustachius had with him William Alis Ralph Rufus and Tedbald and other his Barons which made a stout resistance by whose Advice against so many Enemies he craved the help of the King of England who Married his Natural Daughter Julian to him and gave him such Assistance as neither Goel nor all his other Enemies could withstand After this Match King Henry [4.] Ibid. 811. B. C. D. An. Do. 110â— employed Robert Earl of Mellent to compose the Differences in Normandy and sent to Duke Robert and other great Men to assist his Son in Law and resist his Enemies otherwise they should feel his displeasure Many that were his Enemies not willing to disoblige the King became Friends to Eustace yet Raynald and Goel persisted and by a nefarious rashness committed Slaughters and Burnings but Eustace prevailed gained the possession of his Fathers Honour and Raynald was beaten out of the Country Then Robert Earl of Mellent soon reconciled all other litigating Parties and made perfect Peace between them In the mean time [6.] Ibidem The Duke makes Peace with Robert de Belismo without Advice of his Brother the Duke seeing the desolation of his Country and not able to defend it against Robert de Belism without Advice of his Brother contrary to Agreement made Peace with him and granted him his Fathers Honours and Estates the Bishoprick of Seez and others beforementioned [7.] Ibid. fol. 812. A. The Bishop and Abbat of Seez Curse Robert de Belismo and flee into England The Bishop of Seez Serlo and Ralph Abbat of the same not willing to live under the Power and Tyranny of this Robert after having Anathematized him departed from that place and fled into England to King Henry who received them very kindly Not long after many Honourable [8.] Ibidem 813. D. The Normans Petition King Henry to take their Country into Protection He passeth into Normandy Persons of the Normans as well of the Clergy as Laity reflecting upon the Miseries of the Church of God and their Country Petitioned Henry to come over and take it into his Protection and to Correct the Prophane Spoilers with the Rod of Justice Accordingly he passes into Normandy with a great Fleet and visits Danfront and other Towns subject to him [9.] Ibidem fol. 814 A. The English Normans adhere to the King against the Natural Normans The King rebukes his Brother and was very Honourably received by his own great Men and plentifully presented after the Royal Custom For Robert Earl of Mellent Richard Earl of Chester Stephen Earl of Albamarle Henry Earl of Ou Rotro Earl of Mortaigne in Perch Eustace Earl of Breteul Ralph Earl of Conches Robert Fitz-Haymon Robert de Monteforti Ralph de Mortemer and many others which held of him great Estates in England and now being in Normandy did all adhere to him with their great Men and were ready to fight for him against the Natural Normans Few days after he sent to his Brother for a Conference in which he rebuked him for breaking the [1.] Ibidem B. C. The Duke desired his Friendship which he obtained and the King returned into England Accord made between them in England for making Peace with Robert de Belism a Traytor to them both and restoring him to his Fathers Lands and Dominions and for many other things The Duke fearing his Brothers Power desired his Friendship and they being reconciled the King before Winter returned into England No sooner was [2.] Ibidem C. D. In King Henry's absence Robert de Belismo seized the Lands killed the Tenents and burnt the Houses of such as favoured him The Normans apply themselves to the King of England he gone but Robert de Belism with his Nephew William Earl of Mortain in Normandy and as many Nobles as he could seduce broke out into War again and fell upon such as favoured the King seized their Lands killed their Men or Tenents and burnt their Houses The Plowmen and ordinary People fled into France with their Wives and Children and suffered great Miseries during their abode there In the midst of these Miseries they apply themselves again to the King of England who in the last Week of Lent [3.] Ibidem fol. 815. A. landed again at Barbaflot in Normandy and on Easter-day was at Carenton seated on the River Vire where Serlo the Bishop of Seez came to him and offered his Service who going with the King into the Church at Carenton to Celebrate the Solemnity of Easter they found it almost filled with Chests and Houshold-Stuff of the Country People which was brought thither as to a place of safety [4.] Ibidem B. C. Upon which Spectacle the Bishop in an Harangue to the King laid open the Miseries of that Country and shewed him what the People were forced to do to secure themselves from Robbers Plunderers and Spoilers The Bishop of Seez exhorts King Henry to Conquer Normandy Telling him also it was for want of a good courageous Prince and Governor that these things happened and then exhorted him by the Sword of Justice to Conquer and defend the Dukedom [5.] Ibid. D. He resolves to procure Quiet to the Church Many Noble Normans encourage him to it An. Do. 1104. The King encouraged by this Speech of the Bishop and what he heard from the Noblemen which were with him immediately resolved by their Assistance to procure the Peace and Quiet of the Church of God The Earl of Mellent with the consent of the great Men present advised and urged him to put in execution what he had resolved But before they made any progress in this Affair the Bishop had a small job of work to do The Normans then wore very long Hair and used much art in preserving and making it as was then thought Ornamental [6.] Ibid fol. 816. A. B. C. The Eloquent Prelat says the Historian continues his Preachment and inveighs mightily against that Vice admonishing and exhorting the King to shew a good Example to others and suffer his Hair to be cut off first He submitted to have it done Serlo Bishop of Seez cuts off the Kings Hair and the Bishop presently drew a Pair of Sissors out of his Sleeve and first Polled the King and then the Earl and many Noblemen with his own Hands and the People fearing the Kings Edict came from all parts and strove who should be first Polled or Clipt After the Solemnity of Easter King Henry [7.] Ibidem King Henry Chastiseth
fortified and Manned his Castle of Exceter against him which the King besieged and at last it was for want of Victuals delivered to him The Defendents had liberty to go whether they would and carry what they would with them The Earl went into the Isle of Wight with [6.] Ibidem f. 937. A. B He is driven out of the Isle of Wight and goes to the Duke of Anjou design to keep that against the King but he followed him so close that he soon drove him out there and took it from him and all his other Lands and Estate and banished him who then went to the Duke of Anjou and was there received very kindly Elated with this success he came to Hunt at * Hen. Hunt f. 222. a. n. 10. The King troubles the Noblemen about their Woods and Hunting Brampton near Huntingdon and held Pleas concerning the Forests of his Noblemen that is concerning their Woods and Hunting and broke the Vow he had made to God and the People This year David King of Scots [7.] Ricard Hagulstad Col. 312. n. 40 50 60. David King of Scots invades England King Stephen and he make Peace Carlisle granted to him his Son Henry made Earl of Huntingdon c. entred Northumberland and seized the Towns of Carlisle Werke or Warke Alnwick Norham and New-Castle and intended to take in Durham but King Stephen coming thither with an Army prevented him whereupon the two Kings appointed an Interview and made Peace between their selves The King of Scots restored New-Castle Warke Norham and Alnwick and had Carlisle given to him Stephen also gave to Henry his Son the Earldom of Huntingdon which had been King Davids and the Town of Doncaster and all that belonged to it In the year 1137. King Stephen in the beginning [8.] Malmsbr f 101. b.n. 50. King Stephen goes into Normandy Earl Robert follows him of Lent sailed into Normandy Robert Earl of Gloucester having tried his Friends and knowing who were faithful followed him at Easter By the Contrivance of [9.] Ib. f. 102. 4. lin 2. King Stephen useth treacherous Practises against him The particulars of the Treachery not expressed by the Historian King Stephen returns out of Normandy William de Ipre after he was come into Normandy King Stephen endeavoured to intercept him by Treachery but having notice of the practise from one that was privy to it he escaped and came not to Court though often invited for many days afterward The King was troubled his Design took not effect and thought to extenuate the greatness of the fault by confessing it making Oath according to a form given by the Earl that he would never for the future consent to such wicked Contrivances This he did but could never be a true Friend to the Earl whose Power he suspected The King after he had made [1.] Hen. Hunt f. 222. a. n. 20 30. His Son Eustachius doth Homage for that Dukedom Peace with the King of France and his Son Eustachius had done Homage to him for Normandy and settled all things there he returned into England * Order vit f. 911. D. Earl Robert troubled about his Sister leaving William de Rolmara Roger the Viscount and others his Justiciaries to manage Affairs as if he were present In the mean while Robert stayed there often thinking of the Oath he had made to his Sister and what he ought to do for her that he might not be noted for Perfidiousness The next year in England happened many intestine [2.] Malmsb Histor Novell f. 102. a. n. 20 30 40 50. A. D. 1138. King Stephen to maintain his Cause was forced to give Lands Castles and Honours to his Followers Commotions many of the Nobility and other Confident daring Men demanded of the King some Lands others Castles and what ever else they had a mind to and if he delayed them in obtaining their desires by Excuses that he could not do it without prejudice to the Kingdom and that such things were either claimed or possessed by others they forthwith fortified their Castles or erected Places of Strength wasted the Kings Lands and plundered his Tenents To suppress these Defections he suddenly marched from place to place and used great labour and industry to no purpose until by giving them Honours or Castles he purchased a Counterfeit Peace Many new Earls he made and to support their Honours gave them Crown Lands and Revenues These Men were more Confident in asking He made many new Earls and gave them Crown Lands and he more Profuse in giving by reason of the common Report through the Nation that Robert Earl of Gloucester intended to assist his Sister and within some competent time to defie the King before he attempted it This was done presently after Whitsunday The Earl of Gloucester defies the King He was encouraged to it by Religious Men and the Popes Decree by sending Messengers from Normandy to the King to whom he renounced his Faith and Homage because he had unlawfully aspired to the Kingdom To this he was encouraged by the Answers of many Religious Men he had Consulted in this Business that he could neither pass this Life without Ignominy nor be happy in the Life to come if he neglected the Oath made to his Sister Their Answers were the more prevalent with him being backed with the Popes Decree which Commanded he ought to observe the Oath he made to his Sister in the presence of his Father The King deprived him of all his Possessions he could in England levelled all his Castles except that at Bristol which was a great Check and impediment to the success and progress of all his Affairs The [3.] Ibidem b. n. 10. Anno Domini 1139. Upon the Report of Earl Roberts coming for England many forced to deliver their Castles Report that Earl Robert was coming with his Sister out of Normandy spread more and more about the Nation in hopes whereof many fell from the King and many others which were in the Court Upon suspicion only he imprisoned and by other hardships forced them to yield their Castles and to such other Conditions as he pleased It was noted at this time that Roger Bishop of Salisbury had built two [4.] Ibidem n. 20. The Bishop of Salisbury built the Castles at Devises Malmsbury and Sherborn The Bishop of Lincoln built the Castle at Newark The Bishops envied Complaints made of them to the King famous and splendid Houses with Towers and Turrets after the manner of Castles one at the Devises in Wiltshire another at Sherborn in Dorsetshire That he had begun to build a Castle at Malmsbury and that formerly he had procured to himself the Custody of Salisbury Castle from King Henry and inclosed it with a Wall and likewise that his Nephew Alexander Bishop of Lincoln had built a Castle at Newark as he said for the safety and Dignity of his Bishoprick This brought upon them Envy from the Earls and
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
in Person and the King of France's Men were to wear Red Crosses the Kings of England's White Crosses and the Earls of Flanders Green Crosses for Notes of Distinction Upon this Resolution for an Expedition into the Holy Land this [6.] Ibidem n. 20. They agree upon Articles how to carry on and maintain the War Council presently entred upon the manner and way of setting it forth and maintaining it and in a very short space agreed upon several Articles which would have carried on and maintained the War effectually Hoveden recites them confusedly and hath several superfluous Heads which are not in Labbe or Gervase the Monks of Canterbury [7.] Labbeâ— Concil Tom. 10. Col. 1740. B. C. D. Talis est dispositio ad subveniendum Terrae Jerusalem a Domino Philippo Rege Franciae Henrico Rege Angliae Communi Consilio Episcoporum Comitum Baronum Terrarum suarum approbata Scilicet This is the Establishment for the Relief of the Land of Jerusalem by Philip King of France and Henry King of England approved by the Common Council of the Bishops Earls and Barons of their Dominions That is to say I. Every one as well Clerk as Laick that is not worth above One hundred Shillings for every House he hath where there is a constant Fire kept shall pay Two Pence for three years every year II. If he have more than One hundred Shillings in Moveables of every Pound in all the King of France his Dominions he shall pay Two Pence of Province Money and in the Dominions of the King of England on that side the Sea two Pence of Anjou Money and in England one Shilling Sterling for the same term III. He that hath One hundred Pounds in Lands or Rents or above shall pay yearly twenty Shillings IV. He that hath less than One hundred Pounds in Rents of every twenty Pounds shall give four Shillings and of every forty Pounds eight Shillings Those that have Moveables beyond One hundred Shillings shall swear That of every twenty Shillings they will faithfully give two Pence V. Very little to the purpose VI. The Tenth is due for the Defence of the Land of Jerusalem from Midsumer 1184. for ten years saving the Right of the Lords and of the Churches Out of this Estimation are excepted in Clerks the Treasure and Ornaments of their Churches their Books Horses Vessels Vestments Gemms and Vtensils which are necessary for their daily use And in Knights or Soldiers their Horses Arms Vessels and Cloaths for their common use For the Collecting of this Alms Two Templars and an Hospitaller appointed to be Collectors in every Bishoprick there shall be appointed in every Bishoprick two Brothers one of the Temple another of the Hospital and in every Parish they two and Dominus Presbyter Villae the Priest of the Town duo de legalioribus Parochianis shall collect and keep this Alms. All this great Work was [8.] Hoved. fol. 366. a. n. 20. dispatch't and the King was come back into England and arrived at Winchester on the Thirtieth of January And [9.] Ibidem The King returns into England and in a Council of his Lords causes these Articles to be recited forthwith saith Hoveden he assembled a great Council of Bishops Abbats Earls Barons and many others as well Clerks as Laicks at Gaintington where he caused to be recited all the Articles which had been agreed on beyond Sea about taking the Cross The Monk of [1.] Chron. Gervas Col. 1522. lin 3. An. Do. 1188. Canterbury tells us they met on the Eleventh of February Tertio Idus Februarii Convenerunt apud Gaitintune quae a Northamptonnia octo vel decem distat Miliariis una cum Rege Praesules Principes Regni de defensione sacrosanctae Terrae Jerosolimae tractaturi unde variis multis hic inde prolatis sermonibus haec tandem de cruce sumpta vel sumenda capitula subscripta promulgata sunt That is On the Eleventh of February the Bishops with the Princes or Chief Men of the Realm met with the King at Gaitintune about eight or ten Miles from Northampton to Treat about the Defence of the Holy Land of Jerusalem and after much Debate at length these underwritten Articles concerning such as had taken or would take the Cross were published All that take the Cross to be absolved from their Sins I. Every Clerk or Layman that shall take upon him the Cross shall be freed and absolved from all his Sins of which he hath been Confessed and hath Repented by the Authority of God the Blessed Apostles Peter and Paul and the Pope All that do not undertake it to pay the Tenth of their Estates and Goods II. Dispositum est a Regibus Archiepiscopis Episcopis aliis Principibus quod omnes illi tam Clerici quam Laici c. It is Ordained by the Kings the Arch-Bishops Bishops and other Princes or Chief Men That all those as well Clerks as Laicks who shall not undertake this Expedition shall give the Tenth of all their Rents for one year and of all their Goods as well in Gold as Silver and in all other things except Books Cloaths Vestments of Clerks Ornaments of their Churches or Chappels Precious Stones as well of Clerks as Laicks and except the Horses and Arms and Cloaths of Knights belonging to their proper use III. Notandum etiam It is also to be noted Quod omnes Clerici Milites Servientes that all Clerks Knights and Esquires which shall undertake this Expedition or Croysado shall have the Tenths of their own Lands and the Tenths of their own Men and Tenents and shall give nothing for themselves There are five Articles more in this Monk about the mean Habits and Cloaths they should wear in this Crusado and their sober and humble Carriage and Behaviour and about Liberty and Conditions to engage their Estates to prepare and sit themselves for the Expedition now not much to the purpose When this Constitution was thus made says Hoveden [2.] F. 366. a. n. 30. An. Do. 1188. The King sends out his Officers to collect the Tenth the King sent his Servants as well Clerks as Laicks to Collect these Tenths in his Dominions beyond Sea but in all the Cities in England he caused all the Richest Men to be chosen out viz. in London two hundred in York one hundred and in others proportionably and caused them all to appear before him at certain days and places of whom he took the Tenth of their Moveables according to the Estimation of honest Men which knew their Rents and Moveables and those he found obstinate or Refractory Those that refused to pay were imprisoned till they paid he presently committed them to Prison and there kept them until they had paid the uttermost Farthing The Jews also that were in England paid after the same Rate Into [3.] Ibidem n. 40. Scotland he sent the Bishop of Durham and other Clerks and
Clergy and much People and placed honorably in a Shrine wonderfully wrought with Gold and pretious Stones There were present at this Translation Arch-Bishops Bishops Abbats Priors and many others of France and divers other Nations who came chearfully to so great a Solemnity in Honor and Reverence of the Blessed Martyr who shed his Bloud for the Vniversal Church Qui pro Vniversali Ecclesia Sanguinem suum fundere non timuit Paris says this Translation was in crastino Octavarum Apostolorum Petri Pauli That is the 7 th of July on which day says Mr. Somner in the [2] p. 246. Antiquities before cited there is a Fair at Canturbury Called Beckets Fair. Beckets Fair. And in Norfolk there is on the same day one at Bromhill near Brandon Ferry and another at West-Acre about four Miles Distant from Swifham both called Beckets Fair and in both places there are old Râ—nous Chappels which were undoubtedly Erected and Dedicated to him The Jewels That belonged to this [3] Ibid. p. 247. The Ricâ—es of his Shrine Shrine were shewn being touched with a White Rod and their Names Price and Donor Declared and the spoyls of it in Gold and Jewels of an inaestimable [3] Ibid. p. 247. The Ricâ—es of his Shrine value filled two great Chests one of which six or eight strong men could do no more than carry out of the Church This Shrine had a Clerc and certain reteinors that constantly attended upon it [4] Ib. p. 248. in Regard of the Treasure that was about it and also of the continual offerings thereunto by such as came to visit it or came on Pilgrimage to it Mr. Somner says he had seen the Accounts of the Annual profits of it which above 300 years since amounted to 200 l. per Annum and within six or Eight years afterwards they were more than Trebled This Saints [5] Ibidem His Jubilee once in fifty years Iubilee was kept every fiftieth year after his Death and 't is almost incredible what numbers of people flocked to Canturbury to the Solemnizing of it In the Year 1420. there were by Estimation an hundred thousand people English and Strangers Irish Welch Scots French Normans and from Garnsey and Jersey as appears upon [6] Append. n. 65. The vast number of people that flocked at a time to Canturbury Record That came thither to procure the health or salvation of their Souls and for whom the Bayliffs Commanded the Citizens to provide sufficient Lodgings and the Victuallers Tavernors Brewers Bakers Butchers Fishmongers Cooks and Hosts sufficient Victuals against the time of their coming The Arch-Bishop of Canturbury [5] Hoved. f. 310. a. n. â—0 A. D. 1175. held a Council at London in Westminster before the two Kings and by their assent and desire on the Sunday before Ascension day upon the 15 th of the Kalends of June that is the 18 th of May. Celebravit [6] Ben. Abb. p. 62. a. An Eccleâ—iastic Council held at Westminster Cantuariensis Archiepiscopus Richardus Consilium apud Londonias Westmonasterio coram predictis Regibus Et assensu voluntate corum die Dominica xv Kal Jami For the Canons of this Council see the [7] Append. N. 66. Appendix In this Council [8] Hoved. f. 311. a. n. 40. A Controversie in that Council about bearing the Cross between the two Arch-Bishops c. The Clercs of the Arch-Bâ—shop of York claimed a right of That Church to carry up the Cross in the Province of Canturbury They claimed also on behalf of their Arch-Bishop The Bishoprics of Lincoln Chester Worcester and Hereford as belonging to his Province and Appealed to Rome They also Appealed to the Pope concerning the Sentence of Excommunication against the Clercs of the Arch-Bishop of York that officiated in the Chappel of St. Oswald in Gloucester for that they would not attend the Arch-Bishop of Canturbury upon his Summons as the Clercks of his own Province did A little before [8] Ibidem fol. 313. a. N. 10. A Cardinal sent into England The King makes peace between the Arch-Bishops the Feast of All Saints this year Cardinal Hugezun the Popes Legat at the Kings request came into England and found him at Winchester making an Agreement between the two Arch-Bishops and at length by the Kings interposing it was Agreed That the Arch-Bishop of Canturbury should release his Claym to the Chappel of St. Oswald and absolve the Clercs of the Arch-Bishop of York which he had Excommunicated And as to carrying the Cross and other Controversies between the two Churches They were to stand to the Judgment of the Arch-Bishop of Roven and other Neighbour Bishops of France Cardinal Hugezun [1] Ibidem N. 30. The Cardinal gives the King leave to implead Clercs Gave the King leave to implead Clercs for trespasses done in his Forests and for taking of Venison Upon [2] Append. N. 67. Agreement between the Kings of England and Scotland made at York The heads whereof are here recited f. 323. F. and f. 324 A. B. C. D. Richard Bishop of St. Andrews and Richard Bishop of Dunkelden Geofry Abbat of Dunfirmelin Herbert Prior of Coldingham and the other Bishops and Clergy of Scotland Granted That the Church of England should have That power in the Church of Scotland which of right it ought to have and That they would not be against the right of the Church of England Taxes in this Kings Time A Scutage near the beginning of his Reign not to be found what it was A Second Scutage to raise men for the [1] See here f. 301. F. A. D. â—159 5. Hen. 2. Siege of Tholose 180000 l. Hoc Anno Rex Henricus Scotagium sive Scutagium de Anglia accepit cujus summa fuit centum millia quater viginti millia Librarum Argentt and the like of his other Countries Gervas Chron. Col. 1381. lin 3. A Third Scutage in the 7th of his [2] Lib. Rubr. in Scaccario A. D. 1166. Reign for the Siege of Tholose at two Marks every Knights Fee In the 12 th of his Reign two pence in the pound [3] Chron. Gervas Col. 1399. N. 10. A. D. 1166. for the first year and a peny in the pound for four years after of all Rents and Moveables for Defence and assistance of the Church Terrae Orientalis of the East Land suppose the holy Land A Fourth Scutage [4] Lib. Rubr. in the 14th of his Reign at a Mark a Knights Fee A Fifth Scutage in the 18th of his Reign not known what it was See here f. 342 F. f. 344. A. In the last year of his Reign a Tenth of all moveables for the Crusado or expedition into Holy Land Many more there must have been seeing his whole Reign was a continual Course of War and that very Expensive at home in France and Ireland Though we find no larger Account of them The Issue of King Henry the Second HE
over England Mensuris facta per Richardum Regem Angliae He appointed one Measure throughout all England for all sorts of Grain as well in Cities and Boroughs as without Also That the Measures of Wine and Ale and other Liquors should be the same all the Nation over according to the Diversity of Liquors And the Weights to be the same according to the Diversity of Things Weighed And all Measures were so to be secured as they could not be falsified He ordered That all Woollen Cloaths where-ever they were made should be of the same Breadth that is Two Ells within the Lists And that the Ells should be made of Iron Keepers of the Assize made in Cities and Boroughs He also ordered there should be Four or Six according to the largeness of the City or Borough assigned in every City or Burgh who should see and search That all things were sold according to these appointed Measures and Weights And if they found any one that confessed or was convicted of selling by other Weights and Measures than by those appointed he was to be imprisoned and all his Goods to be seised into the Kings Hands The Penalties inflicted upon Transgressors of the Assise If the keepers of the Assise were negligent and were convicted before the Kings Justices they were to be in the Kings Mercy concerning their Goods And he commanded That no Man in any County after the Feast of Purification should sell any thing but by the Measure prescribed Nor that any Man after the Fayr at Stanford in Mid-Lent should sell any Cloath that was not Two Yards within the Lists The year following King Richard desired of the [9] Ibid. f. 441 b. n. 40. A. D. 1198. Feudataries or Military Men of England by Hubert Archbishop of Canturbury Richardus Rex Angliae per Hubertum Cantuariensem Archiepiscopum petiit ut Homines Regni Angliae invenirent ei c. That they would find him 300 Horse trecentos milites to remain in his service for one year The Kings Feudataries to find 300 Horse or pay so much as would maintain them or that they would let him have so much money as would maintein so many Knights milites and give them for their Livery or Wages de Liberatione in die every day three shillings of English money All present not daring to deny it consented to the proposition except Hugh Bishop of Lincoln least for the future it might do injury to his Church The same year the King took an Ayd of [1] Ibid. f. 442. b. n. 50. A. D. 1198. The King takes an Ayd of every Hyde in England Who were appointed and the Manner how it was Collected five shillings of every Carucate or Hyde in England Eodem Anno Richardus Rex Angliae accepit de unaquaque Carucata terrae sive Hyda totius Angliae quinque solidos de auxilio and sent into every County one Clerc and one Knight to Collect it They were Directed to the Sherif which three with certain legal Knights chosen for that purpose and Sworn faithfully to Execute the Kings Business caused to come before them the Stewards of the Barons of that County and the Lord of every Town or the Baylif of the Town and the Reeve with four lawfull men of the Town whether Free-men or Rustics sive liberis sive Rusticis and two of the most legal Knights of the Hundred who did Swear and faithfully Discover how many Plough-Tilths there were in every Town how many in Demeasn how many in Villanage Quot in Dominico quot in Vilenagia how many the Religious held in Alms and what Services they did for them And upon every Plough-Tilth they imposed first two shillings then three shillings and inrolled them all whereof the Clerc had one Roll the Knight another the Sherif a third and the Barons Steward a fourth The money was Received by two Knights and the Baylif of every Hundred and they answered it to the Sherif and he according to his Roll answered it at the Exchequer before the Bishops Abbats and Barons assigned for that purpose The [2] Ibid. 443. a. n. 10. Penalties inflicted upon Concealers against their Oath punishment appointed for such as concealed any thing against their Oath was if he was a Rustic That is a Villan si Rusticus Convictus fuerit he was to give his Lord the best Oxe in his plough and pay as much of his own to the Kings use as by his Perjury he had Concealed If a Free man was Convicted he was in the Kings Mercy and was to answer as much of his own to the Kings use as he had Concealed It was also ordained that the Barons with the Sherif should Distrein their Tenants and if they did not so much should be taken upon their Demeasnes as the Tenents were in Arrear All free fees That is Maners and Military fees belonging to Parochial Churches and Serjeanties which were not setled upon Knights Fees were excepted out of this Ayd What Fees were excepted out of this Ayd yet the names of the Serjeants and the value of their Lands were inrolled and they were Summoned to be at London 15 Days after Whitsunday to hear and do the Kings Command According to the Estimation of legal men they which were to give in the Number of Plough-Tilths allowed to every one an Hundred Acres A. D. 1198. The Monks of the holy Trinity in Canturbury not well pleased with some of Arch-Bishop Huberts Actions [3] Ibidem n. 30. A complaint made to the Pope against Archbishop Hubert by the Monks of Canturbury sent some of their Number to Rome and complained to Pope Innocent That contrary to his Order and Dignity he was Justiciarie of the Kingdom and a Judge in Causes of Bloud and so involved in Secular Business That he could not but neglect the affairs of the Church Particularly they accused him That the Peace or Sanctuary of the Church of St. Mary del Arch or Bow Church London was violated by his precept and that William with the Beard was violently taken out thence with nine of his Companions adjudged to Death and tyed to Horse Tayles Drawn to the Gallows and Hanged Upon this Complaint [4] Ibid. n. 40. The Pope sends to the King to remove him from Secular business the Pope sent a Paternal Admonition to King Richard That for the healâ—h of his own Soul he should remove him from all Secular Business and that for the future he should neither admit him nor any other Bishop or Priest to any Worldly imployment or Administration and Commanded all Prelates by virtue of their Obedience they should not dare to undertake them [5] Ibidem He is set aside And thus the Archbishop was set aside and Geofry Fitz-Peter succeeded him in the Government of the Kingdom They accused him also [6] Ibid. n. 50. That in prejudice of the Mother Church of Canturbury he had built a Chapel at Lambhithe and placed secular
But first the Kings Messengers summoned them to Surrender and were answered by William de Brent Falcasius his Brother They did not look [7] Ibid n. 50. The King Summons Bedford Castle upon themselves obliged to deliver it unless commanded by their Lord Falcasius because they were not bound by Homage and fealty to the King The King being enraged at this Answer ordered the Castle to be Besieged The Answer â—o the Summons The Arch Bishop Excommunicates Falcasius and the Garison The Castle taken by Assault and threatned if taken by force not to spare one man The Arch-Bishop and Bishops Excommunicated Falcasius and all that were in Garrison in the Castle But neither the Kings threats nor Ecclesiastical Censures could prevail with them to yeild After many Assaults the Kings Soldiers entred the Castle Many were slain and wounded and the rest submitted to the Kings mercy [8] f. 321. n. 30. Twenty Four of the Garison Hanged whereof Twenty Four were Hanged for their insolence to the King after the Castle was taken Falcasius beforehand had made his Escape out of the Castle and fled into Wales but by the intercession of Alexander Bishop of Coventry [9] Ibid. n. 40. Falcasius submits to the Kings Mercy He is committed to the Custody of the Bishop of London he was introduced to the King where falling down at his feet he implored his mercy urging his Services to the King and his Father in times of Hostility Then the King by the advice of his Council having first taken from him his Castles Lands and Goods committed him to Custody of Eustachius Bishop of London till further Order and caused the * Ibid. f. 322. l. 7. Castle to be Demolished but gave the houses and ground to William de Beauchamp After this the Parliament granted to the King 2 shillings of every Plough Land and the King granted to the Great men Scutage two Marks Sterling of every Knights Fee to be levyed of their Tenants [1] f. 322. l. 3. The King Grants to the great men Scutage from their Tenents In the year 1225. King Henry [2] A Parliament at Westminster A. D. 1225. kept his Christmass at Westminster Praesentibus Clero Populo cum Magnatibus Regionis The Clergy and Laity and the Great Men of the Kingdom being present In this full Assembly Hugo de Burgh the Kings Justiciary in the presence of the Archbishops Bishops and Earls Barons and all others Coram Archiepiscopis Episcopis Comitibus Baronibus aliis Vniversis declared the Damages and Injuries the King susteined in his Dominions beyond Sea wherein not only the King but also many Earls and others were outed of their Possessions And seeing many were concerned the Assistance ought to be proportionable therefore he required their Counsel and Ayd That the Royalties of the Crown and their Antient Rights might be recovered for the retrieving of which He thought the Fifteenth part of all Moveables A Fifteenth granted both of Ecclesiastics and Laic's might be sufficient This being propounded [3] Ibid n. 20. the Archbishop and all the Bishops Earls and Barons Abbats and Priors after some deliberation returned this Answer to the King They would readily gratify his desires if he would Grant to them their long desired Liberties Si libertates din petitas concedere voluisset The Charter of Liberties and of the Forest granted The King agreeing to what the Great Men desired Charters were forthwith Writ and Sealed with the King's Seal and one directed to every County in England And to the Counties in which there were Forests Two were directed One concerning their common Liberties the other concerning the Liberties of the Forest The tenor of these Charters is to be found in the History of King John both being exactly alike A Moneth after Easter a day [4] Ibid. n. 30. was set to choose Twelve Knights and Legal Men Duodecim Milites Homines Legales who upon Oath should distinguish the new Forests from the old ones and what ever Forests were found to be made after the first Coronation of Henry the Second were forthwith to be Disforested The Council being ended Charters were carried to every County and by the Kings Command every one sworn to observe them The way and manner of Levying this Fifteenth was directed by the King and because it was very particular and worth noting how Fifteenths were taxed in those times the Record it self is Printed in the * n. 150. Appendix On Candlemass-day following the King [5] Ibid. n. 40 50. The King Knights his Brother Richard and makes him Earl of Cornwal and Poictou He with others is sent into Gascoigny The Knights and Soldiers of that Countrey come into him He reduceth Gascoigny to Obedience Knighted his Brother Richard and Ten Noblemen with him and made him Earl of Cornwal and Poictou In the Spring he sent him accompanied with William Earl of Salisbury Philip de Albiney and Sixty Knights into Gascoigny who arrived at Burdeux on Palm-Sunday and was Honorably received by the Archbishop and Citizens Then Richard opened the Kings Letters in which he desired Omnes Homines Fideles sui de Regionibus illis All his Men and those that had sworn Allegiance to him in those Countreys should give Ayd and Advice to his Brother Richard for the recovery of his lost Dominion Upon this a great many Knights and Soldiers resorted to him and received Wages from him Then he marched with a great Army through all Gascoigny and seised the Castles of such as refused to do Homage and swear Fealty to King Henry and wherever he met with opposition he reduced them by force and in a short time subdued all that Countrey having first obtained a great Victory over the Earl of Marâ—h who was sent by the King of France to raise the Siege of Reole Castle Rigord * De Gestis Ludowici A. D. 1224. f. 399. n. 20.30 tells this Story otherwise and the later French Historians follow him He says that Lewis sent an Army under the Command of his Marshal to raise the Siege and that when Earl Richard had notice of its coming to the River Garonne he raised it and shipped himself and Men and went for England In March following [6] f. 324. n. 20. Falcasius his Sentence the Great Men met the King at Westminster at a Parlement or Conference Convenerunt apud Westmonasterium ad Colloquium Rex Magnates sui where the King Commanded Sentence should be given against his Traytor Falcasius what was to be done to him the Nobility agreed with the King in this Proceres in hoc cum Rege consenserunt That because both his Father and he had done faithful Service to the Crown many years he should lose neither Life nor Limb For ever to abjure the Kingdom but should for ever abjure the Kingdom Whereupon the King commanded William Earl of Warren safely to conduct him to the
words were not in it Defraud and Wrong any Church or Religious place of their Liberties Goods and Possessions let them be admonished by the Ordinary of those places where such Judgment is given that such a Sentence will be to the Churches prejudice And if they do refuse to harken to such Admonitions let them be Excommunicated and Interdicted 13. If the King his Great Men or any Capital Lords or their Heirs who have been Founders or Benefactors to Religious places shall Distrein any Ecclesiastical Person because he doth not Suit or Service to their Secular Courts let them be proceeded against by the aforesaid Ecclesiastical Censures 14. If any Lay-Lord do hinder the Ordinary from distributing the Goods of any one that died Intestate either for the payment of his Debts or for the Maintenance of his Children or Parents or for Pious and Charitable Vses let him be Excommunicated And also such as hinder [*] That they might not be hindered to give to the Churchmen and Monasteries Villans from making their Wills The King [4] Append. n. 230 â—31 wrote to the Pope to revoke these Provisions and Constitutions as being made to the great Prejudice Hurt and Damage to the Rights of his Crown and Kingdom and appointed two Proctors to transact this Affair with the Pope But with what Effect I cannot say but do believe they might be revoked because I find them not put in practice Taxes in this Kings Reign THe Parliament called at Northampton Matt. Paris fol. 322. lin 3. 9 Hen. 3. A. D. 1224. in the Octaves of Holy Trinity 1224. granted the King two Shillings of every Plough Land and the King granted to the Great Men Scutage two Marks Sterling of every Knights Fee The Parliament called at Westminster at Christmass 1224. granted the King a Fifteenth of all Moveables 9 H. 3. fol. 323. n. 10. A. D. 1224. Fol. 324. n. 40 as well of the Clergy as Laity of the whole Kingdom for the Grant or Confirmation of Magna Charta One half of this Fifteenth was Collected foon after Easter and the other half was to be gathered Michaelmas following A fortieth part of Moveables granted 16 H. 3. A. D 1224. A. D. 1226. the 11th of Henry the Third Pat. 11 â— 3. m. 11. A. D. 1226. he wrote to the Bishops and Clergy to give him a Fifteenth of all their Moveables as the Bishops and Clergy of England had then done King Henry compelled the Citizens of London to pay him Five thousand Marks 12 H. 3. A. D 1227. fol. 33â— n. 10 20. because they had given so much to Lewes late King of France when he left England and levied a Fifteenth At the same time he took for an Aid from the Burgesses of Northampton Twelve hundred pound besides one Fifteenth He likewise forced all Religious and Beneficed Clerks to pay a Fifteenth as well out of their Spirituals as Temporals and they which were unwilling to pay were compelled either by the Kings Authority or Ecclesiastical Censures Soon after the Religious and others had notice 12 H. 3. ibiâ— n. 40. that unless they renewed their Charters the old ones should be of no advantage to them and for the renewing every one paid according to his Faculty at the Justiciaries Discretion In the year 1230. Arch-Bishops Bishops Fol. 365. n. 1â— 15th H. 3. A. D. 1230. Abbats and Priors gave a great sum of Money for recovering his Rights beyond Sea At the same time he put the Citizens of London to a grievous Redemption and forced the Jews to pay the third part of what they were worth In the year 1231. the King required a Scutage of three Marks of every Knights Fee of all that held Baronies 16 H. 3. fol. 367. n. 50. A. D. 1231 as well Laics as Prelates It was opposed by the Arch-Bishop of Canterbury and some other Bishops but agreed to by all others On the 14 of September in a Parliament held at Lambeth A. D. 1232 17 H. 3. foâ— 377. n. 5. aâ— fol. 380. n. a fortieth part of all Moveables as well of Ecclesiastics as Laics was granted to the King and was Collected the latter end of October following A. D. 1235. 20 H. 3 fol. 417. n 30. A. D. 1235 He took two Marks of every Plough Land at the Marriage of Isabel his Sister to Frederic Emperour of Germany and gave with her Thirty thousand Marks Quaere Whether this was not the same which was granted Pat. 20 H. 3. m. 8. n. 12. That Tax was two Marks upon a Knights Fee Claus 21 H. 3. m. 1. and m. 21. Dors. There was at the same time a Thirtieth of Moveables granted by the Bishops and Lay Great Men. Cl 21 H. 3. m. 1. and m. 21 and 22. Dors. A. D. 1236. A. D. 1236. 21st of Henry the Third he sent into Ireland to the Bishops and Great Men there and propounded the Example of the Bishops and Great Lay-men of England who had given him Scutage two Marks of every Knights Fee for the Marriage of his Sister to the Emperor of Germany and a Thirtieth part of their Goods Pat. 20 H 3. m. 8. n. 12. A. D. 1236. Scutage two Marks of every Fee granted by Arch-Bishops Bishops Abbats Priors and other Ecclesiastical Persons c. 'T is very probable this was the same Scutage which was given for the Marriage of his Sister to the Emperor F. 435. n. 10. 21 H. 3. A. D. 1237. A. D. 1237. A Thirtieth part of all Moveables was granted to the King A. D. 124â— Fol. 595. n. 30. and 597. n. 20. In the year 1242. about Michaelmas the King required Scutage three Marks of every Knight through all England So Paris but as others only twenty Shillings Fol. 643. n. 20. A. D. 1244. In a Council held at London three Weeks after Candlemass twenty Shillings of every Knights Fee was granted to the King for the Marriage of his Eldest Daughter one half to be paid at Easter the other at Michaelmass following A. D. 1253. 37 H. 3. Par. f. 866. m. 20 30. The Clergy grant the Tenth of Ecclesiastical Revenues for three years and the Nobility or Knights three Marks of every Knights Fee for the relief of the Holy Land upon his Confirmation of Magna Charta A. D. 1â—67 Cart. 51 Hen. 3. m. 10. Cedula Three years Tenths of all Church Revenues granted to the King by the Pope A. D. 1270. Cl. 54 Hen. 3. m. 11. Dors. A twentieth part granted to the King Ireland and Irish Affairs KIng Henry by his Counsellors in the [1] Appâ—… n. 227. first year of his Reign he being then but nine years old or by William Marshall his Governor to gratifie the * The Enâ—… Irish King Johâ—… Charter oâ—â—â—â—berties grâ—â—ed to the Irish Irish for their firm Loyalty to his Father and himself Granted out of his special Grace that they and their heirs for
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
virorum Willielmi Mareschalli Comitis Penbroc W. Comitis Saresberiensis Willielmi Comitis Warrennae Willielmi Comitis Arund l Alani de Galeweia Constabularii Scotiae Warin filii Gerardi Petri filii Hereberti Huberti de â—urgo Seneschalli Pictaviae Hugonis de Novilla Matthaei filii Hereberti Thomae Basset Alani Basset Philippi de Albeni Roberti de Ropesle Johannis Marescalli Johannis filii Hugonis aliorum fidelium nostrorum in primis concâ—ssisse Deo hac praesenti Charta nostra confirmasse pro nâ—bis haeredibus nostris in perpetuum JOHN By the Grace of God King of England c. To the Archbishops Bishops c. Know ye That We in the presence or for the sake of God and for the Health of our Soul and the Souls of all my Antecessors and Heirs and to the Honour of God and the Exaltation of Holy Church and Amendment of our Kingdom by advice of our Venerable Fathers Stephan Archbishop of Canturbury Primat of all England and Cardinal of the Holy Roman Church Henry Archbishop of Dublin William Bishop of London Peter of Winchester Jocelin of Bathe and Glastonbury Hugh of Lincoln Walter of Worcester William of Coventry Benedict of Rochester Bishops And Master Pandulph the Popes Sub-Deacon and ancient Servant Brother of the Master of the Temple of England and the Noble Persons VVilliam Mareschal or Marshal Earl of Pembroke VVilliam Earl of Salisbury VVilliam Earl of VVarren VVilliam Earl of Arundel Alan de Galewey Constable of Scotland VVarin Fitz-Gerard Peter Fitz-Herebert and Hugo de Burgh Senescal or Steward of Poictou Hugh de Nevâ—l Matthew Fitz-Herebert Thomas Basset Alan Basset Philip de Albeney Robert de Ropesle Iohn Marshal Iohn Fitz-Hugh and others our Feudataries or Liegemen Have first of all Granted to God and by this our present Charter Confirmed for Vs and our Heirs for ever I. Quod Anglicana Ecclesia libera sit habeat jura sua integra suas libertates illaesas ita volumus observari quod apparet ex eo quod libertatem electionum quae maxima magis necessaria reputatur Ecclesiae Anglicanae mera spontanea voluntate ante discordiam inter nos Barones nostros manifeste motam concessimus charta nostra confirmavimus eam obtinuimus a domino Papa Innocentio Papa tertio confirmari quam nos observabimus ab haeredibus nostris in perpetuum bona fide volumus observari That the English Church shall be free and enjoy her whole Rights and her Liberties unhurt and we will have them so observed as it may appear That the Freedom of Elections which was reputed most necessary for the English Church which we Granted and Confirmed by our Chart and obteined the Confirmation of it from Pope Innocent the Third before the Discord between Vs and our Barons was of our meer Free Will Which Chart of Freedom we shall Observe and do will it to be faithfully observed by our Heirs for ever II. Concessimus etiam omnibus liberis hominibus nostris Regni Angliae pro nobis haeredibus nostris in perpetuum omnes libertates subscriptas habendas tenendas eis haeredibus suis de nobis haeredibus nostris We have also Granted to all our Freemen of the Kingdom of England for Vs and our Heirs for ever All the underwritten Liberties to Have and to Hold to them and their Heirs of Vs and Our Heirs III. Si quis Comitum vel Baronum nostrorum sive aliorum tenentium de nobis in capite per servitium militare mortuus fuerit cum decesserit haeres suus plenae aetatis fuerit relevium debeat habeat haereditatem suam per antiquum relevium scilicet haeres vel haeredes Comitis de Baronia Comitis integra per centum libras haeres vel haeredes Baronis de Baronia integra centum marcas haeres vel haeredes mâ—litis de feudo militis integro pâ—r centum solidos ad plus qui minus debuerit minus det secundum antiquam consuetudinem feudorum If any of our Earls or Barons or others which hold of us in Chief by Military Service shall die and at the time of his Death his Heir shall be of Full Age and owes a Relief He shall have his Inheritance or Estate by the Antient Relief That is to say the Heir or Heirs of an Earl for a whole Earls Barony an Hundred Pounds The Heir or Heirs of a Baron for a whole Barony an Hundred Marks The Heir or Heirs of a Knight for a whole Knights Fee an Hundred Shillings and he that oweth less shall give less according to the Antient Custom of Fees IV. Si autem alicujus haeres talium fuerit infra aetatem fuerit in custodia dominus ejus non habeat custodiam ejus nec terrae suae antequam homagium ejus ceperit postquam talis haeres fuerit in custodia ad aetatem pervenerit scilicet viginti unius anni habeat haereditatem suam sine relevio sine fine ita tamen quod si ipse dum infra aetatem fuerit fiat miles nihilominus terra remaneat in custodia Dominorum suorum usque ad terminum praedictum But if the Heir of any such shall be under Age and shall be in Ward his Lord may not have the Wardship of him nor his Land before he hath received his Homage And after such Heir shall be in Ward and shall attein to the Age of one and twenty years he shall have his Inheritance without Relief or without Fine Yet so that if he be made a Knight while he is under Age nevertheless the Land shall remain in the Custody or Guardianship of their Lords until the foresaid time V. Custos terrae hujusmodi haeredis qui infra aetatem fuerit non capiat de terra haeredis nisi rationabiles exitus rationabiles consuetudines rationabilia servitia hac sine destructione vasto hominum vel rerum Et si nos commiserimus custodiam alicui talis terrae Vicecomiti vel alicui alii qui de exitibus terrae illius nobis debent respondere ille destructionem de custodia fecerit vel vastum nos ab illo capiemus emendam terra committatur duobus Legalibus discretis hominibus de feudo illo qui similiter nobis respondeant sicut praedictum est The Warden or Guardian of the Land of such Heir which shall be under Age shall take of the Land of the Heir only reasonable Issues or Profits reasonable Customs and reasonable Services and these without the Destruction or Waste of the Tenents or things upon the Estate And if we shall Commit the Guardianship of those Lands to the Sheriff or any other which ought to answer to us for the Issues or Profits of the Land and he shall make Destruction and Waste upon the ward-Ward-Lands we will force him to give Satisfaction and the Land shall be committed to lawful and discreet
JACOBUS II ds D.G. Angliae Scotiae Fran et Hiber REX Fidei Defensor etc. DIEU ET MON DROIT R. White sculp Saml Lowndes excu HONI SOIT QVI MAL Y PENSE A Complete HISTORY OF ENGLAND FROM The First Entrance of the ROMANS UNDER The Conduct of JULIUS CAESAR Unto the End of The Reign of King Henry III. Comprehending The ROMAN SAXON DANISH and NORMAN Affairs and Transactions in this NATION during that Time Wherein is shewed The Original of Our ENGLISH LAWS THE Differences and Disagreements between the SECULAR and ECCLESIASTIC POWERS THE True Rise and Grounds of the CONTENTIONS and WARS between the BARONS and our Antient KINGS And Likewise An Account of our Foreign WARS with FRANCE The Conquest of Ireland and the Actions between the English Scots and Welsh during the same Time ALL Delivered in plain Matter of Fact without any Reflections or Remarques By ROBERT BRADY Doctor in Physic In the SAVOY Printed by Tho. Newcomb for Samuel Lowndes over against Exeter-Exchange in the Strand MDCLXXXV HONI SOIT QUI MAL Y PENSE DIEU ET MON DROIT G III R To the Most Excellent MAJESTY OF JAMES the Second KING of ENGLAND SCOTLAND FRANCE IRELAND Defender of the Faith c. GREAT SIR I Presum'd humbly to ask leave and beg the Honour to Prefix Your Royal Name to this History not Written according to the Ordinary Method by which the Readers are Bound to Depend upon the Integrity and Faith of the Author for the Truth of the Things Related but proved by Authentic Testimony 'T is not my own Invention but Matter of Fact laid down and warranted by such as lived in the very Times when the Things were done or nearest to them or by sufficient Record And my Intention in Writing after this Manner was to shew and convince Men of Impartial and Unbyassed Minds That they cannot by Reading Ordinary Historians know what the Antient Government of this Famous Kingdom was And that many have been deluded into several Popular Errors by only observing the sound and common mistaken signification of Words By the True Understanding whereof and of Things done in the Times I VVrite of they might have Obteined a Right Notion of the Government and State of the Kingdom then which at this day are much changed from what they were to the great Ease and Repose of the King as well as Benefit and Advantage to the People And the Present Constitution is an Even Rule to both as his Due Power and their Just Rights are by Law mainteined and secured And is such as by Your own great Management with the Assistance of Your Loyal Subjects may make You to be Beloved and Honoured at Home and Feared Abroad For what Man is there of the Meanest Loyalty and Ingenuity that doth or will but observe Your VVisdom Justice Courage and Faithfulness to Your Royal VVord that hath not a Prospect of our future Happiness and growing Greatness That therefore Your Health and Vigor may be such as to Complete our Hopes and Expectations in making the British Name and Nations Great and that You may by Your most Excellent Conduct and Admirable Courage carry the Glory of them not only over the Channel but through Christendom and to both the Indies That Your Life may be Long and Easie Your Reign ever Prosperous and Successful and that after the Period of Mortality You may receive an Eternal Crown of Glory Is and always shall be the most hearty Wish and sincere Prayer of Your MAJESTIES Most Faithful and obedient Servant and Dutiful Subject ROBERT BRADY TO THE READER THe General Preface to this History may seem Difficult and Tedious to some Men but when it shall be Read with Advertency and fully Understood it will appear an Impregnable Rock against the pretended Soveraignty and Power of the People in this Nation which the Republicans can never climb over To shew the Condition of the Bulk of the People and what the Ordinary Inhabitants of this Nation were before the Conquest and after it was Necessary to take Notice and Inquire into the Quality of them in every County as they are to be found in the greatest Record of this Nation If any one thinks this a needless Work let him Consider I have Prejudice to deal with and Men Seasoned with other Opinions which they have Learnt and been Instructed in from their Childhoods by Men and Authors they pay a great Deference unto who never made it their Business to search into the Originals of Things but rested satisfied with some slight Popular Notions and Superficial Knowledge of them And therefore to Discover their great not to say Dangerous Mistakes and to put to silence such as though they be Convinced will not own it but Scrible the same Things over again and Publish them in a New Dress I have been forced to be very much longer both in that Preface and the History it self than at first I Designed seeing such Satisfaction as the Reader ought to receive could not be expected from a short Account of Things and without a Due Relation of all their Circumstances From them both there is a clear Demonstration That all the Liberties and Priviledges the People can pretend to were the Grants and Concessions of the Kings of this Nation and were * Co. 2 Instit f. 496. Derived from the Crown And from the Preface alone 't is as manifest that the Ordinary People and Bulk of the Nation were in most Things of the same Condition as well before the Conquest as after and their Quality was not different though under the Normans they were Obnoxious to greater Rigor and and more Severities in the same Way of Living or as now we would call it Servitude It was not this sort of People that contended for Liberty but the Military Men the Earls Barons and Tenants in Capite and such as held of them by Military Service especially such as were Dissolute and Poor having been drawn in and managed by Cunning Ambitious Men of the same Order with the Assistance of the Bishops and Clergy who in all those Times of Contention Laboured to cast off their Feudal Dependence upon the Crown and to have their Temporals and the Investitures of Churches from others than Lay-men and to be wholly free from Subjection to Secular Power The Laics also contended about their Feudal and Military Services and Performances and the Relaxation of those Laws and Tenures as most plainly appears by Henry the First his Charter the Charter of King John founded upon it and the Charter of King Henry the Third which was only an Inlargement and further Explication of that of King John which in the Main were but Concessions of the more Moderate Use of the Feudal or Military Law by which their Fees Tenures and incidents to them were made more easie and certain For until the Tenants in Capite and other Military Tenants might have Licence to Alien part of their Estates keeping enough
to perform their Services There were very few Free-hold Lands according to the present Notion of them Nor were the Proprietors of them of much Esteem until the Military Men parted with so much of their Estates as their Fees grew very narrow and scanty so as they could not support their Military Service and Charge and the Burthens as they then accounted them of attending at Hundred and County Courts and upon the Justices in their Iters or Circuits and Sheriffs in their Turns but either sent their Attorneys or Deputies or by Laws of their own making forced the inconsiderable Free-holders or Soccagers upon that Drudgery Nor were these Military Men any other than Normans or the Descendents from them that made this Noise and were the Cause of so much Blood being spilt for their Liberties as they called them which were for the most part nothing but the Relaxation of several Rigorous Exactions and Usages of the Feudal Law relating to their then Fees and Estates as was said before which at first their Ancestors had received from the Conqueror without those Easie Terms and that Abatement of the Strictness of the Law they required For however afterwards and of Late Times that Tenure was esteemed a Thraldom yet it did at first begin upon a Voluntary and Desired Submission and for many Centuries of years had the Reputation of the most Free and Noble Service and all other Tenures whether in Soccage or otherwise were esteemd Base and Ignoble in respect of it And that the Maintainers of the Contest for their Liberties against our Norman Kings were themselves Normans or their Descendents is more than Evident from the Witnesses Names to King Henry the First his Charter who were all Normans and from the thirty six Bishops and Great Men Witnesses to King Stephans Charter of Liberties who were likewise all Normans or Strangers nor is there to be found amongst the Commanders on either side in the War between Queen Maud King Stephan and Henry the Second one English Saxon. The Witnesses to King Henry the Second's Charter were also Normans The Bishops and Great Men mentioned in King John's Charter as Granted to them were all of the same Nation or Foreigners And most if not all the Bishops Earls and Barons that were Witnesses to Henry the Third his Charter were of the same Condition And which is more all or most of the Witnesses and Grantees mentioned in any of the Charters of the Norman Kings after the middle of the Reign of William the First were Normans or Foreigners and there is scarce any one Earl Baron or Great Man to be found in all these Kings Reigns that was not of Norman or other Foreign Extraction And yet in spight of Truth and Matter of Fact we find nothing in our Common Histories of these Times but the Brave Feats performed by the English for their Fundamental Rights and Liberties Nothing in Sir Edward Coke Mr. Selden Mr. Pryn and all late Writers when they chop upon these Times and mention any thing relating to them but the Magnanimity of the English in Appearing for their Birth-rights and the great Privileges they had formerly injoyed no body knows nor can tell when or where when in very Deed they were not English but incorrigible Norman Rebels against their own Norman Princes from whom they or their Ancestors had received so many and so great Benefits and Favours In King Henry the Thirds time the Controversie was not about the Great Charter it self the Granting and Confirmation whereof he never denied but only about the meaning and interpretation of it which then by Law belonged to the King De * Bracton p. 34. a. n 3. Chartis vero Regis factis Regum non debent nec possunt Justitiarii nec privatae personae Disputare nec etiam si in illa Dubitatio oriatur possunt eam interpretari in Dubiis obscuris vel si Dictio aliqua Duos contineat intellectus Domini Regis erit expectanda Interpretatio voluntas cum ejus sit interpretari cujus est Condere Concerning the Charters of the King or Deeds of Kings neither the Justices or any private Persons ought or may Dispute nor when there may arise a Doubt in any one of them may they interpret it for in Doubtful and obscure Passages if any Word conteins two meanings the Kings Mind and Interpretation is to be expected when as he that made and Granted ought to Interpret it The Barons and Bishops as often as they had a mind to Quarrel with the King Clamored against him for not observing the Charter of their Liberties and he thought they Extended it too far Thus they began and as oft as they pleased could improve these Clamors almost into a perfect Rebellion especially if they prefaced them with the Invasion of the Liberties of Holy Church for that then by the Assistance of the Clergy and Religious equally influenced the People and moved them to Sedition and Tumult as pretended Oppression of Conscience and Destroying their Religion by the Management of the Dissenting Brethren do at this day From hence it was they stifly insisted upon it to have a Power to * See Answer â—o the Rights of the Commons asserted â— 131 132 c. choose the Justiciary or Chief Justice and send into the several Counties Itinerant Justices such as might Interpret the Points of the Charters and Execute the Laws to their Advantage and according to the Humor and Clamor of the People of the Faction But notwithstanding their objecting to the King his neglect and non-observation of the Charter they either would not be or thought not themselves obliged by it for besides what hath been hinted in the General Preface fol. 40. B. they used and practised Arbitrary Dominion and Power over their Tenants and Neighbours refusing to be Justified that is to receive Justice from the King and his Court or to observe the Articles of the Great Charter which concerned them For Remedy whereof the 1 2 3 4 5 20 and 22 Chapter of the * Pulâ—on's Staâ—utes f. 16 17 c. Statute of Marleborough made in the 52d year of Henry the Third were provided So that we see those Factious Barons when they had secured their own Liberties rather made use of them to Oppress than Relieve their Tenants and Neighbours The Practices of these Men were not well understood by our Ordinary Writers who have nothing but what they commonly find in the Monks the only Historians of those times and they Wrote the Actions of Kings and Great Men and rendred them good or bad as they were more or less Kind and Beneficient to the Church Church-men and themselves and Extolled or Defamed them as they appeared for and favoured their Ecclesiastic Liberty Who would not think Simon Montfort Earl of Leicester a great Patron of the Liberties of the People a Saint an innocent Person and good Subject that barely reads the Monks of those and succeeding times
or understanding Tenents of that Fee who in like manner shall be answerable to us as hath been said VI. Custos autem quamdiu custodiam terrae habuerit sustentet domos parcos vivaria stagna molendina caetera ad illam terram pertinentia de exitibus terrae ejusdem Et reddat haerâ—di cum ad plenam aetatem pervenerit terram suam totam instauratatam de carucis omnibus aliis rebus ad minus secundum quod illa recepit Haec omnia observentur de custodiis Archiepiscopatuum Episcopatuum Abbatiarum Prioratuum ecclesiarum dignitatum vacantium quae ad nos pertinent excepto quod custodiae hujusmodi vendi non debent But the Warden so long as he shall have the Wardship of the Land shall uphold and maintein the Houses Parks Warrens Pools Mills and other things belonging to the Land with the Profits of the same Land and shall restore to the Heir when he comes of full Age his whole Land stocked with Ploughs and all other things at least whatever he received All these things shall be observed in the Custody or Wardship of vacant Archbishopricks Bishopricks Abbies Priories Churches and Dignities which do belong to us Except that these Wardships ought not to be sold VII Haeredes maritentur sine disparagatione ita tamen quod antequam contrahatur matrimonium ostendatur propinquis de consanguinitate ipsius haeredis Heirs shall be Married without Disparagement and so That before Matrimony shall be Contracted those which are nearest to him in Blood shall be acquainted with it VIII Vidua post mortem mariti sui statim sine difficultate aliqua habeat maritagium suum haereditationem suam nec aliquid det pro dote sua vel pro maritagio suo vel haereditate sua quam haereditatem maritus suus ipsa tenuerunt die obitus ipsius mariti Et maneat in capitali mesuagio mariti sui per quadraginta dies post obitum ipsius mariti infra quos assignetur ei dos sua nisi ei prius fuerit assignata Vel nisi domus illa fuerit castrum si de castro râ—cesserit statim provideatur ei domus competens in qua possit honâ—ste morari quousque ei dos sua assignetur secundum quod praedictum est habeat rationabile estoveruun suum interim de communi Assignâ—tur autem ei pro dote sua tertia pars totius terrae mariti sui quae sua fuit in vita nisi de minori dotata fuerit ad ostium ecclesiae A Widow after the Death of her Husband shall forthwith and without any Difficulty have her Marriage-Goods and her Estate of Inheritance nor shall she give any thing for her Dower or Marriage-Goods or Inheritance which her Husband and she held at the day of his Death And she may remain in the Capital Messuage or Mansion of her Husband by the space of Forty Days after his Death in which time her Dower shall be Assigned if it was not Assigned before Unless the House shall be a Castle and if she departs from the Castle there shall forthwith be a competent Dwelling provided for her in which she may decently remain until her Dower be assigned as hath been said and she shall have her reasonable Estovers i. e. Competent Provision or Maintenance in the mean time out of the Common Stock or whole Revenue But there shall be assigned to her for her Dower the Third Part of the whole Land of her Husband which was his in his life-time except she was indowed with less at the Church-Door IX Nulla vidua destringatur ad se maritandum dum voluerit vivere sine marito ita tamen quod securitatem faciet quod se non maritabit sine assensu nostro si de nobis tenuerit vel sine assensu Domini sui de quo tenuerit si de alio tenuerit No Widow shall be distreined i. e. compelled by taking her Goods to Marry her self while she will live without an Husband yet so as she shall give security she will not Marry without our Consent if she holds of us or without the Consent of the Lord of whom she holds if she holds of another Person X. Nos vero vel Ballivi nostri non seisiemus terram aliquam nec reditum pro debito aliquâ— quamdiu catalla debitoris praesentia sufficiunt ad debitum reddendum ipse debitor paratus sit inde satisfacere Nec plegii ipsius debitoris destringantur quamdiu ipse capitalis debitor sufficiat ad solutionem debiti But we or our Bayliffs i. e. Officers will not seise any Land or Rent for any Debt so long as there shall be Chattels i. e. Goods of the Debtors upon the Premises sufficient to discharge it and that the Debtor be ready and willing to satisfie it Nor shall the Sureties of the Debtor be distreined i. e. forced to pay the Debt by taking their Goods so long the Capital Debtor be able to pay the Debt XI Et si capitalis debitor defecerit in solutione debiti non habens unde reddat aut reddere nolit cum possit plegii respondeant de debito si voluerint habeant terras reditus debitoris quousque sit ei satisfactum de debito quod ante pro eo solvitur nisi capitalis debitor monstraverit se inde esse quietum versus eosdem plegios And if the Principal or Chief Debtor makes default in Payment of the Debt not having wherewithal to satisfie it or will not satisfie it when he is able then the Pleges or Sureties shall answer it and they shall have the Lands and Rents of the Debtor so long as they shall be satisfied for the Debt they paid for him unless the Chief Debtor can shew himself discharged thereof and the Payment of it undertaken by the Sureties XII Si quis mutuo acceperit aliquid à Judaeis plus vel minus moriatur antequam debitum illud persolverit debitum illud non usuret quamdiu haeres fuerit infra aetatem de quocunque tenet si debitum illud incidat in manus nostras nos non capiemus nisi catallum contentum in Charta If any one borrowed any thing of the Jews more or less and dies before the Debt be paid there shall be no Use paid for that Debt so long as the Heir is under Age of whomsoever he holds And if the Debt falls into our Hands we will take only the Chattel conteined in the Chart or Instrument that is the Pawn for the Money lent mentioned in it XIII Et si quis moriatur debitum debet Judaeis uxor ejus habeat dotem suam nil reddat de debito illo Et si liberi ipsius defuncti qui fuerunt infra aetatem remanserint provideantur eis necessaria secundum tenementum quod fuerit defuncti de residuo solvatur debitum salvo tamen servitio dominorum simili modo fiat de debitis quae debentur aliis quam