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
ad Geld. Ibi modo in Dominio ii Car. xxvii Sochmani de ii Car. iii Bovat hujus Terrae viii Villani xx Bordar habentes xiv Caruc In Colingham the Abbat of Peterburgh hath four Carucates of Land which he Rents out There are now in Demeasn two Carucates and twenty seven Socmen that have two Carucates and three Bovates of this Arable and eight Villans and twenty Bordars that have fourteen Carucates In this Shire the Entries of the ordinary Inhabitants throughout are in Dominio Socmen Villans Bordars as in Derby shire The Socmen generally held small parcels of Land as half a Carucate a Bovate c. Roteland scire as Snotingham-scire Eurvic scire In this [6] See Domesday for this Title Shire the Entries are generally as to Persons in Dominio sunt Villans Bordars Sochmen And habet as Rex habet Servants Socmen Villans Bordars seldom any others except as before excepted in Kent Sussex Surrey c. In all Counties of England whose Land soever it was whether it was the Kings Land Church Land or possessed by Earls Barons Knights or other Military and Secular Men in every Town and place these sort of Men were the * Note That whereas 't is said in the Glossary to my Introduction c. That in every Leaf and almost every Entry upon that Leaf in Domesday Socmen and Freemen were to be found it proves a mistake for upon a second and third perusal of the great Book especially the Persons and Inhabitants of Towns and Villages were such as I have here noted in every County Inhabitants and those that occupied used or managed the Land under the Owners of the Towns or Lords of Maners who held of the King immediately or mediately as appears by this Survey or great Record By which it is most evident that most of the Lands in England were holden by Military Service or Serjeanty and in Villanage of those Military Tenants and Tenants in Serjeanty For all these Persons of divers Denominations which afterwards received other and fewer names were but several sorts of Villans as will hereafter appear in the Glossary and held their Lands by Base and Servile Tenures There was at the time of making the Survey no Free Socage if there had it would have been entred as the Land holden in Alodio was for Hidage-sake Nor Frank Free that is Land holden without performance of any Service such as we now call most of our Free-holds unless some small parcels that belonged to some Parish Churches especially in Suffolk which is called Terra libera or Burgage-tenure or the Land holden in Alodio in King Edwards time or afterwards was such of which there is here and there a Town or Maner a Hide or Carucate c. so holden in the Survey I will give one Instance of it Hantescire [7] Domâ—sday f. 50. a. Col. 1. Tainorum Regis ALwi filius Saulf tenet de Rege Tederleg Pater ejus tenuit in Alodio de Rege Edwardo Tunc modo Geld. pro iii Hid. Terra est iv Carucat in Dominio sunt Duae ii Villani et ix Bordar cum ii Caruc ibi ii Molin de xxvii sol et vi d. et xxvi acr prati Silv. de xxx Porc. valuit lx sol modo xl Alwi the Son of Saulf holds Tederley of the King his Father held it as Alodium Frank Fee or Free-land Then and now it was and is taxed for three * Alodium always paid Hidage as other Land See Alodium in in the Glossary to my Introduction f. 1. Hides The Arable Land is four Carucates there are two in Demeasn and two Villans and nine Bordars with other two There are two Mills Rented at 27 s. 6 d. and twenty six Acres of Meadow Wood for thirty Hogs it was worth sixty Shillings now forty This Alwi was one of the Kings ordinary Thanes or Servants and held this Town in Serjeanty which might be consistent enough with the Tenure in Alodio and such Lands are now reputed Free-hold but these were not in the hands of Socmen Villans Bordars Cotars Servants and the like Nor were many of them in their own hands as we may phrase it or in their own Power for such as were in Dominio and in most places it was so were the Lords proper Men wholly under his Power and Disposal both in Body and Goods except Life and Death and were fixed to the Maner so as they could not remove themselves out of the Precincts of it without his leave These sort of Men Ingulph in the Latin Version of King Edreds Charter to the Abbats and Monks of Croyland calls Nativi a word afterwards used with us the worst sort of Villans and Bondmen Et praecipio quod omnes homines Fugitivi quos iidem Monachi Testimonium Quatuor vel quinque hominum fide-dignorum coram vicecomite in Patria in qua tales manent possunt Assidare suos nativos esse reducantur per eundem vicecomitem in Abbathiam eorum cum omnibus catallis sequelis eorum omnium Reclamatione Reluctatione abinde remota annullata And I command that all Fugitives which the Monks and four or five Credible Witnesses can prove were their Natives that is born Bondmen before the Sheriff of the County where such Fugitives are they shall be brought or sent back to the Abby with all their Goods and Children without Let or Hinderance of any Man This Charter bears date in the year 988 and shews the Condition of Bondmen in the Saxon Times and hereafter we shall see what they were after the Conquest when their names were changed as by the Glossary will more at large appear to which I shall refer the Reader for the knowledge of their Condition likewise and how many ways that might be bettered and changed shall be our next Inquiry These Bondmen or People of servile Condition might and did procure the Freedom of their Persons [9] Glanvil lib. 5 c. 5. several ways First by the favour of their Lord or Patron if he released their Bondage for him and his Heirs The first of obteining Freedom or did give or sell him to another to be released But no Bondman could purchase his Liberty with his own Money if he did his Lord might by the Law and Custom of the Land bring him back again into villenage because all his Goods and Chattels were his Lords or so in his Power that with them he could not redeem himself But if a Stranger would Purchase him with his own Money and make him Free then he might for ever defend his Liberty against his Lord and plead his Release by Chart that is his Deed in Writing or by any other way the Law allowed and Tryal by Duel was allowed in this Case after he was a Freeman if any one that saw him made Free would be his Champion and come into Court and assert and prove his Liberty by his Body Yet [1] Ibid.
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
much Barly and Wine accordingly And an hundred Gally's armed with their whole Furniture and Victuals for the Mariners or Gally-men for two years All these things he Claymed as heir to his Father King Henry to whom King William had devised them on his Death bed Tancred [8] Ibid. n. 10. What Tancred gave to him by advice of his wise men gave him 20000 ounces of Gold in lieu of his Sisters Dower and 20000 to be Quit of his other Demands and for a Marriage to be contracted between Arthur Duke of Britany King Richards Nephew and his Daugther And upon Executing the Charter of Peace between them [9] Ibid. b. n. 50. Tancred gave him other twenty thousand ounces of Gold to be free from all his Questions and Demands whatsoever And that for Tancreds greater security he should [1] Ibid. f. 386. a lin 2. n. 10. write to the Pope and give him an Account of their Agreement which Epistle bare [2] Ibid. 40. A. D. 1190. King Richard declares his Nephew Arthur his heir if he dyed without issue date at Messina November 11th wherein he Declares his Dearest Nephew Arthur his next Heir if he dyed without Issue This year Dyed [3] Ibid. f. 390. b. lin 5. n. 10. The Death of Robert Earl of Leicester Ranulph Glanvill and Baldwin Arch-Bishop of Canturbury Robert Earl of Leicester in Romania going to the Holy Land and Ranulph de Glanvill Dyed at the Siege of Acon and then and there also Dyed Baldwin Arch-Bishop of Canturbury and left Hubert Bishop of Salisbury his Executor who performed his Office faithfully and Distributed his Goods according to his Desire In the month of February King Richard sent his Gally's from Messina to Naples for his Mother [4] Ibid. f. 391. b. n. 10 20. Queen Alienor A. D. 1191. and Berengaria Daughter of Sanâ—â—us King of Navarre whom he was to Marry They came through France and Iâ—aly to Naples over Land Not long before this time There happened in [5] Ibid. A great Dissention between the Chancellor John the Kings Brother and other Noble men England great Dissension between the Chancellor and Earl Iohn the Kings Brother and the other great men of the Land and it came to such an height as they all wrote to the King Concerning the State of his Kingdom and the Grievances the People susteined by the Chancellors Government who sent from Messina [6] Ibid. n. 30. Walter Arch-Bishop of Roven and William Marshal Earl of Striguil Commanding his Chancellor [7] See Append n. 73 74. A. D. 1191. The Chancellors haughtiness That all things in the Kingdom should be done by the advice and assistance of the Arch-Bishop of Roven and the joynt undertaking and Direction of William Marshal Geofry Fitz-Peter Hugh Bardolf and William Bruer When they came into England they dare not deliver him the Kings Letters for he Despised all the Kings Mandates and would have no Peer or aequal in the Kingdom On the first of March King Richard [8] Hoved. ut supra n 40 50. went from Messina to Catania another City of Sicily 60 Miles from it to visit Tancred where he staid three Days and at his Departure they presented one another with Gifts Tancred brought him on his Journey toward Messina and before they left one another he gave him a Letter he had [9] Ibid. f. 392. a. lin a. n 10 20.30 The Treachery of the King of France to King Richard discovered by Tancred received from the King of France by the Duke of Burgundy in which he told him the King of England was a Traytor and would not keep the Peace he made with him And that if he would set upon him in the Night he would assist him with his Forces and Destroy the King of England and his Army To whom the King of England said he was not had not been nor would be a Traytor And that what Agreement he had made with him he would observe it so long as he Lived And that he could not easily believe the King of France would send him such a Letter To whom King Tancred Answered That if the Duke of Burgundy denyed he gave him those Letters from the King of France he was ready to disprove him by one of his own Dukes The King at his return to Messina mightily Estranged himself from the King of France who inquiring into the reason of it King Richard let him Know by the Earl of Flanders That he had received such a Letter and the Contents of it and let the Earl peruse it The King of France was silent for a while and then said the pretended Letter and Lye was a Trick of King Richards to get rid of his Sister Alice whom he had Sworn to Marry and threatned that if he did Leave her and Marry another Woman he would be his Enemie so long as he Lived The King of England [1] Ibidem King Richard refuses to Marry the King of France his Sister Replyed he could by no means make â—is Sister his Wife because his Father had Known her and begotten a Son of her and produced many Witnesses to prove it And the matter of fact appearing to the King of France to be so By the Advice of the Earl of Flanders and others of his great men a Composition was made between them The King of France was to acquit him of his Oath and Agreement hâ— had made concerning his Sister Alâ—ce and King Richard was to pay him in five years time 10000 Marks The difference between the Kings of England and France composed whereof he paid him 2000 down and was to deliver Gâ—sors and what else the King of France had given in respect of the intended Marriage and then he was at Liberty to Marry who he pleased and the Agreement further was That by his Chart the King of France Granted The Duke of Britany a â—eâ—â—aâ—aâ—ie to France That the Dukedom of Britany should for ever belong to the Dominion of the Duke of Normandy and that the Duke of Britany should always be his Man or Feudatary and should answer all things to him as to his Liege Lord. And that the Duke of Normandy should answer to the King of France for both Dukedoms and so they were made friends and the Agreement confirmed by their Oaths and Seals with the Addition of many Witnesses On the 30 th of March [2] Ibid. n. 40 The King of France with his Army arrives at Acon the King of France Sayled from Messina and two and twenty days after arrived at Acon with his Army The King of England staid there with his Army after his Departure and the very Day he set Sayl Queen Alienor came thither with Berengaria and the [3] Ibid. n 50. King Richard sends to the Pope to confirm and Consecrate his Brother Geofry fourth day departed toward England and went by Rome and by her the King sent to the
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
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
such a Freedom as this was only good against his Lord for if he was produced as a Witness in Court against a Stranger or to wage Law he might object against him that he was born a Villan that is descended from Bond or Villan Parents and if it were proved he might justly be set aside although he was made Free by Knight-Hood The second way of being made Free which was a second way of redeeming Men from Servitude A third way was The third way [2] Ibid. if a Bondman lived quietly a year and day in any privileged Town so as he was received into the Common * That is was either Alderman of Common-Council-Man for the Magistrates and chief Citizens were properly the Gild or Corporation and transacted the the Affairs of Corporation The fourth way Gild as a Member of it That made him Free from Villenage A Fourth way was by Exchange when Base and Vile Services were turned into Rent and that was advanced and paid pro omni Servicio This put the Villan out of all Servitude especially as to his own Person for if the Lord had no Service to command him but the payment of his Rent he was free This is co-incident with the first way by purchase and favour And that there were many manumitted by Grace and Favour of their Lords conditionally at least upon their desire to serve them in the Army it cannot be doubted by any man that doth consider the Usurpations of William Rufus and Henry the First upon their Elder Brother Robert and the long Civil War that attended them The Usurpation of King Stephen upon Maud the Empress and her Son King Henry the Second and eighteen years Wars between them and the War and Differences between King Henry the Second and his Son Henry The Barons Wars in the Reigns of King John and Henry the Third But that the Barons and Military Men and the Bishops and Clergy did Manumise and make Free many of their Clients Bondmen and Villans and did make their Tenures more easie to draw and fix them to their Interest and Party Lastly Time and Desuetude have made the most Free The last way Villenage at this day being rather antiquated and disused than nulled and taken away by Law for when Free-men or Customary Tenants grew wealthy and able to stock a good parcel of Land themselves or were of such Credit as the Lords could trust them with their Stock they then turned their Lands into Farms and instead of Works and Services reserved Rent in Money Corn or otherwise and left the improvement to the Farmer who took to his own use what he could make more of his Farm than he paid to the Proprietor so that the Lords had no need or use for so many Customary Tenants to Plough their Lands c. Cotars Servile People and poor The Labouâ—ers in our â—imes are Gentlemen in â—espect of â—hose wretchâ—d People miserable Laborers as before and they were glad to work for small Wages little more perhaps than for Meat and Drink rather than to be under immediate Servitude to their Lord for it cannot be thought though their Servitude as to the Correction or their Bodies and other Severities was lessened but that still they remained in a Servile State and that the Lords commonly turned over their Works to their Farmers who looked better after them than they could do and saw they laboured more and loytered less yet if they otherwise used them inhumanely or made their Conditions such as might not be indured without extreme misery they had a Remedy against these by Law which they could not have against their Lords And in time and by degrees they insensibly crept into more Liberty as there was less occasion for their Services and at length perhaps it was almost as much trouble to look after them as their Work was worth by which means Villenage became more and more easie until at last it was almost worn out and not regarded and many small Victuals Rents Fowl Capons Hens Eggs c. and small Rents in Money Pence Half-pence Farthings Half-farthings that the poor Villans paid were neglected and lost and the Way and Manner of Living of the Nobility Gentry and Proprietors quite altered and changed And more within the last Hundred and fifty years than in all the time after the Conquest For since Foreign Trading Commerce and Merchandising hath so much increased the Delicacy Softness Pride and Luxury of the People have proportionably grown up with them and were at first in a great measure brought into this Nation with them But all this Freedom obteined by Bondmen or the Freedom of others who were born Free and were Heirs to or had Purchased a small parcel of Land of Socage tenure that is privileged from Services was only personal they were not indeed Bondmen as to their Persons they were Free from Servile Works and Services or if they performed any as many of them did they were known certain and easie They neither had nor pretended to for several hundreds of years that Liberty nor those now esteemed Priviledges then thought Burthens which those sort of men are possessed of and now injoy For first though their Persons and Issue of their Bodies were Free from Servile Works and they were not Bondmen which was the only and true notion of those Freemen in those times yet they were not all together sui Juris for as to the Government and for the keeping of the Kings Peace all the Freemen or People in England were Bondmen either in their own Persons or by their Fidejussors and such as undertook for them and were [3] LL. Etheâ—red in Lambard c. 1. Magna Charta c. 35. Bracton p. 124. b. Briton c. 29. p 72. b. p 73. b. The Glossary to my Introduction c. f. 55. F. and f. 56. throughout bound ten Masters of Families one for another for their own keeping the Peace and Good Behaviour as likewise for their Children Servants and Families except Cleres Knights or Tenants in Military Service their Wives and Children and these Men so Bound were called Free Pleges and perhaps this Old Law is not so much out of force but that Sheriffs in their Turns and Lords of Maners in their Leets may put it in practice if there should be necessity of doing it Secondly The serving on Juries at the Assises and Sessions and that and their Suit and Service to or in County and Hundred Courts which now is accounted a great privilege and their Birth-rights when they have a mind to do mischief was in the times we Write of esteemed a Burthen from which all Tenants in Ancient Demeasns were Free by Tenure all or most Abbies and Monasteries by Charter and many particular [4] Stat. of Malebourh c. 4.52 Hen. 3. Persons as Knights and others purchased of the King Charters of Exemption from being Impannelled in Assises Juries and Inquests which they would not have done had they
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
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.
Saxon. Cisner [2.] In Praef. ad Crantium Cluverius [3.] In Ant. Germ. fol. 588. and others as not being much to our purpose to know it for it was usual with those People to change their Names almost as often as they did their Countries driving one another from their Seats the weakest either yeilding to or being removed by the Power of the strongest and sometimes when many small Nations put themselves under the Patronage and Protection of greater and became their Clients they became also one Body of People and were afterwards better known by the Names of their Patrons then their own Tacitus Secundo Annalium cap. 44 45. where the Semnones and Longobardi are accounted Swevish Nations and de Moribus Germ. c. 38 39. where though the Semnones are said to have inhabited an 100 Pagi or smaller Territories yet they were esteemed but the chief of the Swevians More to this purpose may be seen in Lazius de transmigratione Gentium Cluverius lib. 3. Ant. Germ. cap. 25 and 27. and in Learned Sheringham de Angl. Gent. orig cap. 3. n. 1. Though Tacitus who lived about the beginning of [4.] An. Dom. 100. Cluver ibid. fol. 3. Ferrar. Lexicon Trajan the Emperor names not the Saxons yet Ptolomaeus the Geographer within less then 40 years after who [5.] Geogra fol. 357. Edit Paris The Germans Illiterate flourished in the Reign of Hadrian and Antoninus Pius expresly mentions them their Seat and Country When Tacitus Wrote both German Men and Women were Illiterate [6.] Tacit. de Morib Germ. cap. 19. They were Govern'd by Customes Plus boni mâ—res ibi valenâ— quam alibi bonae leges Many Customs in the Saxon times the same with the German Customs Hanging and Drowning for great Crimes Dugd. Origin Literarum Secreta ignorabant and therefore 't is more than probable they had no Written Laws but lived and regulated themselves by their Customs which the same Author in this Chapter sayes were of more Authority with them then good Laws in other places Some they then had not much unlike some of our Customes and Laws in the Saxons time here in England and probably were but a continuation of their usages in Germany Treason and great offences Scelera flagitia to which our word Felony answers ibid. c. 12. were punish'd by Hanging the Offenders upon Trees or Drowning them The same Punishments we have mentioned in our Antient Charters and Laws Furca and Fossa Pit and Gallows Hanging and Drowning for Crimes that deserved either were [7.] Jurid cap. 31. Leg. Inae n 23. practised here in the Saxon and after in the Norman times and with the Scots more lately and perhaps at this day [8.] Tacit. ut supra Fines and Mulcts for small Offences Delicta or lesser offences they punished by Fining the Delinquent in a certain Number of Horses or Cattle [9.] Ibid. c. 5. which then was their Wealth for Gold and Silver they had none [1.] Ibid. c. 12. Part paid to the King part to the Injur'd Person or his Relations part of which Mulct belonged to the King where there was one or to the Nation where there was none and [2.] Ibid. part was paid to the Injured Person or his Relations This practice often occurs in our Saxon Laws again [3.] Ibid. c. 21. The same Punishments and Mulcts in our Saxon Times and Laws Murther punished by Pecuniary Mulcts Homicide and Murther were Paenal Punishments by a certain number of Beasts and Cattle and the whole Family received satisfaction Nothing more frequent in our Saxon Laws then Pecuniary Mulcts for Murther and a * LL. Inae n. 7â— Inheritance and Successâ— giving or division of it to some of and amongst the Murder'd Persons Relations Haeredes successoresque sui c. every Mans necessary heirs were his Children they had no testamentary heirs if there were no Children then the next of the Kindred Brothers Vncle by the Father and Vncle by the Mother succeeded This Succession and Inheritance seems not to have been of Lands but Goods unless it was in such a share and portion of Land which of right was annually set out to the Predecessor for they had no fixt Estates [4.] Ibid. c. 26. Their Propriety was only Annual Their Lands were used and manured of every one by turns according to the number of his Husband or Plowmen which they quickly divided amongst themselves according to their Dignity or Eminency The largeness of their Fields made the partition easie They every Year changed their Arable Lands and one Field lay fallow Caesar more clearly delivers this Custom of Land-shifting which originally was commune to most Nations speaking of the Germans [5.] Comment 6. p. 224 225. The Germans lived upon Milk Cheese and Flesh They lived together in Tribes or Kindreds He saith Agriculture they minded not further then to serve their own necessities and the greatest part of their Food was Milk Cheese and Flesh nor had any one any certain Land of his own conteined within certain Bounds and Limits but their Magistrates Princes or Chiefs appointed to their several Tribes Families or Kindreds who always lived together as much Land and in what place they thought good and the next Year force them out of it [6.] Tacit. de mor. Germ. c. 16. They had no Cities Their Houses poor Sheds or Cotes c. Cities the Germans had none they placed themselves where Rivers or Brooks Fields and Woods offered most conveniency per (a) Vicus à Via It being nothing else but two Rows of Houses with a Way between them and via à veha because their Carriages were brought out of the Fields and from other-where upon this Way and from vehilla villa Vicus now signifies a Town and was antiently a Collection or Conjunction of many Villa's or Farm-Houses in Rowes These Vici had sometimes Cross and Oblique Streets whence probably the Vici Majores which afterward became Burghs and places of note or Oppida Majora and Cities from vicus comes vicinus Nigh-burgh or as we Write it Neighbour Vicos as it were in Streets not according to the manner of the Romans with their Houses joyned together but severed one from another and compassed about with a space of Ground Their Houses were poor Sheds or Cotes and the [7.] Herodian in Maximin lib. 7. fol. 147. Steph. Ed. Materials of them Wood Branches of Trees Culm or Stuble [8.] Tacitus ut supra c. 11. They assembled on set days either in the Full or New of the Moon The Priests were Chair-men in their Assemblies and had a Coercive Right Their manner of Approbation or dislike in their Assemblies They Assembled upon set days either in the New or Full of the Moon unless some Fortuitous or sudden thing happened They sat Armed in these Assemblies and took their Places as it pleased the Multitude Silence was injoyned by the Priests who were Chair-Men here and
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-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.
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
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
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
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
and if he would renew his Plea he was also to renew his Summons the Plantiff might also for ever lose his Plea if he slipt the time limited for bringing of it which was within a year and a day C. 98. Writ of Mort D'ancester The Writ de Morte Antecessoris of the death of the Parent or next Predecessor in Blood was in this Form Se A. donne plege de suyvir sa Clameur semond le recognoissant du voisine quil soit aux primerieres Assises du Bailliage a recognoistre sauoir se B. estoit saisy en cest An quand il mourut de la Terre que C. lui deforce a Rouen comment scauoir se A. est le plus prochain hoir avoir lescheance de B. la Terre soit dedens ce veue soit en paix If A. give Pledges that he will prosecute his Clamor A Recognition of the Vicenage Claim or Suit Summon a Recognition of the Vicenage to be at the next Assizes of the Bayliage to know whether B. was seized that year he died of the Land which C. dispossessed him of at Roven and how And to know if A. be the next Heir to have the Escheat or Succession of the Land in the mean while let it be viewed and be in peace Ibidem The Writ directed to the Serjeant of the Bayliwick To be brought within a year and a day c. This Writ was directed to the Serjeant of the Bayliwick and the further Proceedings were the same as in a Plea of Novel Disseisin No man that was of Age and Discretion according to the Custom of Normandy could have a Recognition in this Plea unless he brought the Writ within a year and a day after it was publickly known his Ancestor was dead whose Saisin or Possession he would recover but no time prejudiced a Minor Ibidem Next Heir This Recognition appertained only to the very next Heirs who had the Dignity of Primogeniture either in themselves or by their Ancestors The Nextness of Heirs which was to have the Saisin was thus the eldest Son was the next Heir of his Father and those which descended from him C. 99. Who were next Heirs and when this Line failed the second Line was the next and so it was intended of other Lines were they Male or Female while any of the first Line were left none of any other Line could have the Saisin of his Antecessor Concerning Dower according to the Custom of Normandy C. 101 173. Dower Glanv lib. 6. c. 1 2 c. The Wife had the third part of the Fee of her Husband the Wife had the third part of the Fee her Husband was possessed of at the time of the Espousals or Contract of Marriage or if he was not then possessed of an Estate or died before he was his Father or Grandfather possessing the Fee if they were present at the Marriage or procured or assented to it after their and her Husbands death if he was sole Heir she had the Thirds of that Fee if not of so much of the Fee as fell to his share and no man could give more than a third of his Estate in Dower If a man purchased an Estate after Marriage a Wife could claim nothing in it unless it were Bourgage Tenure and then she had the Moiety In Burgage Tenure the Moyety If a man had taken a Woman so are the French words and died before they lay together in the same Bed the Woman had no Dower For by the Custom of Normandy their bedding after Marriage gained the Woman her Dower A Woman might demand her Dower against such as withheld it Ib. C. 101. two manner of ways by Writ or Record By Writ as in the Chapter of View and Plea of Novel Disseisin By Record or Witness of such as were at the Espousals or making the Contract of Marriage where the Dower was determined either in Chattels or Land Record what Record est racontement de chose qui a est faict Record is a calling to mind or recounting things that have been done Il ya Record de Court de Roy c. There was a Record of the Kings or Dukes Court which was all one A Record of the Exchequer a Record of Assize a Record of Duel a Record of View a Record of Pasnage a Record of Marriage c. All these Records were made by Witnesses in the several Courts and Places where and before whom the things were transacted C. 108. Cum Gloss de celui qui demande Record c. 121. de loy qui est faict par Record Recorders these were called Recordatores from remembring things done in Court Promises Bargains Contracts c. and when there was a Plea of Record brought the Plantiff in writing named his Recordeurs Recordatores Recorders or Witnesses in some Cases six or seven in some twelve in some more in some less and if the Recorders were dead or gone out of the Dutchy then the same Plea was tryed by Inquest of the Vicenage as well as it might See C. 102 103 104 105. When the Propriety of a thing was demanded four Knights and eight legal men with the Serjeant were Recorders C. 106. Tit. de Record de veue but in a View of Possession where the Seisin was only demanded there twelve discreet or lawful men and the Serjeant were sufficient In the View of Languor the four Knights sent to the Person C. 121. are called Recorders and that called Record de veue de Corps languoreux The right of Patronage of Churches and who last presented was decided by Recognition as other Proprieties and Possessions Assize D'arrein Presentment C. 109. Glanv lib. c. 2. 4 5 13. lib. 14. c 19. The Church was taken into the Dukes hands and the Bishop prohibited to present during the Plea or the Ecclesiastick Courts to meddle with it Yet if the Patron presented not in six months the Bishop of the Diocess presented The Writs I omit being near the same with those in Glanvil The Writs in this Plea the same with those in Glanvil C. 113. Tit. de Brief de establie This was as our Writ of Right The Duke of Normandy had the Jurisdiction of the Bodies as well of the great as of the small because bound to him by Fealty and Allegiance and willing to restrain the Malice of the mighty and puissant he established two Laws by the Council of his Prelates and Barons L'un qui est appelle establie L'autre recognoissant de sur demand Corent per Brief c. the one is called Establie the other Recognition of Surdemand and they proceeded by Writ c. by these Writs inquiry was made concerning the Propriety of the Fee and to whom it belonged both these together made up a Writ of Right Ibidem Glan l. 2. c. 15. Writ of Right The Writ d'establie was in these words A. se
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
Grand Customer no Body that considers what [9.] Lib. 2 de Gest Reg. f. 44. b. n. 20 30 c. Malmsbury and other ancient Historians report of the Confessor that he was a weak easie man Edward the Confessor unfit to make Laws not fit for Government will ever believe he could contrive a System of Laws and so adapt them to the Genius and Humour of the Normans that they should quit their own and receive new Laws and Customs from him if it were not almost a Contradiction to call a Custom new I need not say more to satisfie any judicious Person that the Grand Customer of Normandy was the Law of that Country and not made by Edward the Confessor or carried over from hence by the Conqueror and shall therefore leave it with this farther Remark That if any men be more affected with Traditional than written Laws this Book hath that advantage likewise For [1.] Grand Custom 2d part fol. 69. before and after that Charles the Simple gave Normandy to Rollo and his Northern People unto the time of Philip [2.] Ibidem A. D. 1203. or thereabouts the August who caused them first to be put in order and written The Customs contained in it were a [3.] Epistle to the Custom of Normandy collected by George Lambert c. printed at Roven 1588. Cabal Traditional and unwritten for at least 800 years and were imposed upon his Subjects of England by William called the Conqueror But what answer would Sir Edward have made if he had been asked whether William did not also carry our Laws into old Germany for there in Normandy and England were in a great measure the same Laws only the Normans used a more formal and perhaps rigorous and strict method in the Practise and Execution of them which they brought hither From these Observations concerning the Laws in use at and presently after the Conquest I proceed to Authority Proof from Authority that our Laws were not the Norman Laws and undoubted Testimony of such as lived in or near those times for without Authority some men will not be satisfied Eadmer [4.] Hist Novor fol 6. n 10 20 30. writes that William designing to establish in England those Usages and Laws which his Ancestors and he observed in Normandy made such Persons Bishops Abbots and other Principal men through the whole Nation who could not be thought so unworthy as to be guilty of any Reluctancy or Disobedience to them knowing by whom and to what they were raised All Divine and Humane things he ordered at his pleasure and after the Historian hath recounted in what things he disallowed the Authority of the Pope and Archbishop he concludes thus But what he did in Secular Matters I forbear to write because it is not my purpose and also because any one may from what hath been delivered in Divine Matters easily guess what he did in Secular Somewhat also to this purpose Ingulphus [5.] Hist Croyland f. 512. a. b. All Earldoms Places of Honor and Profit given to the Normans informs us that by hard Usage he made the English submit that he gave the Earldoms Baronies Bishopricks and Prelacies of the whole Nation to his Normans and scarce permitted any English man to enjoy any place of Honor Dominion or Power But more express and full to this purpose is the account we have in [6.] De Necessar Scaccarii observ de Murdro in M. S. Calo-Gonvil p. 35. a.b. Gervasius Tilburiensis of the Conqueror's dealing with the Natives more valuable than the Testimony of a hundred others which he thus delivers After the Conquest of the Kingdom and just subjection of Rebels when the King himself and his great men had viewed and surveyed their new Acquests there was a strict enquiry made who there were which fighting against the King had saved themselves by flight From these and the Heirs of such as were slain in Fight all hopes of possessing either Lands or Rents were cut off for they esteemed it a great favor to have the benefit of their Lives But such as were called and urged to fight against William and did not if in process of time they could obtain the favor of their Lords and Masters by an humble obedience and obsequiousness they might possess somewhat in their own Persons without hope of Succession their Children only enjoying it afterward at the will of their Lords to whom afterwards when they became odious they were every where forced from their Possessions nor would any restore what they had taken away When a commune miserable Complaint of the Natives came to the King that they thus exposed and spoiled of all things should be compelled to pass into other Countries at length after Consultation upon these things it was Decreed that what they could by their deserts and lawful bargain obtain from their Lords Perhaps from hence might be the Original of Freeholds or Copyholds of inheritance after the Conquest they should hold by inviolable right but should not claim any thing from the time the Nation was overcome under the Title of Succession or Descent * Ibidem Upon what great Consideration this was done it is manifest when as they were obliged by a studied compliance and obedience to purchase their Lord's favor so therefore whosoever of the conquered People possessed Lands or such like obtained them not as seeming to be their right by Succession but as a reward for their Merits or by some intervening Agreement What I have here delivered upon this subject may probably meet with great prejudice from such especially who have or may read Sir Edward Coke's Prefaces to his third sixth eighth and ninth parts of his Reports his reading upon the Statute of Fines or other parts of his Works Sir John Davis his Preface to his Irish Reports Mr. Nathan Bacon 's Semper Idem The late Learned Lord Chancellors Survey of Hobbs his Leviathan p. 109 110. And many other works of eminent Persons of the long Robe or indeed any of our English Historians and therefore I am necessitated to dwell the longer upon it That I may give all just satisfaction to such as desire to inquire into the validity of their Arguments and Authorities by which they would perswade The Arguments used to prove the Common Law of England was not the Norman Law nay convince the World that the Common Law and Customs in use and practice in their times were the same that were in the Saxon times and never altered or changed by the Conqueror And beyond them all [7.] Epistle to the sixth part of his Reports Sir Edward Coke concurs in opinion with Sir John Fortescue that this Nation in the time of the Romans Saxons Danes and Normans was ruled by the same Laws and Customs and that they were not changed by any of these People which he [8.] In Preface to the eighth part of the Reports affirms he hath proved by many
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
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
according to the old Feudists and not Felonia according to later use Felony or Treason or that reverted to the Crown for want of Heirs which together with the Rents reserved out of the Baronies and Lands he gave to his Followers Escheats raised a great Revenue in Money For it cannot be altogether true which Gervase of Tilbury [3.] P. 26. b. 27. a. reports from Tradition and the Current of Historians from him or one another that only Victuals were paid for Rent all the Conquerors time for the daily Provision of his Houshold as Wheat Beeves Mutton Hay Oats c. of which the Kings Officers had a Roll of what quality and quantity every Mans proportion was in every County And that in Henry the First 's time by Special Commissioners sent into every County upon Complaint and Request of the Kings Tenents the Victuals chargeable upon all Lands were rated at the usual price and the value of them paid in Money The price of Wheat to make â—00 Men Bread 1 s. of a Sheep 4 d. c. A false Story that Rents were paid in Victuals all the Conquerors time which was after the rate of a Measure of Wheat to make Bread for One hundred Men 1 s. for a Ram or Sheep 4 d. for Provender for twenty Horses 4 d. c. This Story I say cannot be altogether true if compared with Domesday-Book where we almost every where find what Annual Rent in Money was paid to the Conqueror out of every Maner out of some 10 20 30 60 80 100 l. c. as we see in the Examples before mentioned Indeed in some of the Kings Maners or Honours there are firmae duarum vel trium noctium c. reserved that is Entertainment or Provision for two or three nights according to the old Saxon or German way of accounting time by nights as we by days and in some others there are so many Muttons and other Victuals reserved but very rarely and therefore 't is most probable that if ever there was such a practise of paying only Victuals in stead of Rent and that this Rent-Victuals was by Commissioners turned into Money it was done by those Commissioners the Conqueror directed into every County c. to make the Survey Custom of Merchandise To this Branch may be added the Customs of Merchandise properly so called for liberty of coming in and going out of his Ports and passing upon and through his Seas In short his Revenue was so great that [4.] Fol. 523. B. Ordericus Vitalis says it was reported to be One thousand and sixty pound of (k) Sterling from the Saxon STEORE signifying a Law or Rule Somn. Gloss in verbo Esterlingas Sterling what it signifies and from whence derived Sir Edw. Coke perverts the Sentence Gervase of Tilbury and Linge an Addition common among the Saxons rendring the word to which it is joyned more significant or expressive as in Dearlinge Wordlinge c. so that Sterling Money is no more than good and lawful Money answering the Standard Sterling Money thirty Shillings and Penny half Penny of the just Rents or Profits of England every day of the year The Conquerors Revenue was 1060 l. 30 s. â— d. ½ every day in the year 3874497 l. 16 s. 3 d. besides his Gifts and Presents and Pecuniary Punishments which if we reckon ten times as much now according to the forementioned rate of things in his Reign his yearly Revenue amounted to 3874497 l. 16 s. 3 d. But allow it to be fifteen times so much now as then as may very well be done and not over rate it then his yearly Income was 5811746 l. 14 s. 4 d. ½ besides free Gifts Fines and Amerciaments for Offences His standing Army not paid out of this Revenue Besides this great Revenue he had a mighty standing Army of Horse especially with which he made good his Conquests without any Expence or Charge issuing out of his Revenue [5.] Ibidem After what manner they were distributed see the Preface here for the same Author affirms that he so distributed the Lands of England to his Followers and Soldiers as he had 60000 Knights or Horsemen constantly at his Command to be employed in any Expedition he pleased This estimate of Knights Fees so Established by the Conqueror is allowed by our great and Learned Antiquaries [6.] Gloss fol. 218. col 2. Sir Hen. Spelman [7.] Answer to the Reasons for Foreign Wars p. 9. Sir Robert Cotton and [8.] Tit. of Hon. fol. 573. Mr. Selden with an Addition of 215 more And this number of Knights Fees was the same or greater in the Fifth of Henry the Second 1159. for then he took Scutage of England only to prosecute the Wars in France One hundred and fourscore thousand pounds of Silver if * Col. 1381. Gervase of Canterbury may be credited If there were then but 60000 Knights Fees it was 3 l. or as they then reckoned four Marks and an half upon every Knights Fees a very high and unusual rate but upon extraordinary occasions as for maintaining of War and paying of Stipendiary Soldiers Scutage over and above the Revenue before mentioned was a common and usual Tax we have both name and thing in Gervase [9.] Lib. 1. c. 22. T it Scutagium c. Scutage paid to maintain Soldiers of Tilbury Fit interdum imminente vel insurgente in regnum hostium Machinatione decernat Rex de singulis foedis militum summam aliquam marcam scilicet vel lib. unam unde militibus Stipendia vel Donativa succedant Mavult enim Princeps (l) Sir Edw. Coke transposeth these words Institut 1. fol. 69. a. and reads them thus perverting the sence of the Author Mavult Princeps Domesticos quam Stipendiarios Bellicis apponere casibus Admiring the wisdom of Antiquity that the Prince had rather be served in his Wars by his own Subjects than Stipendiary Foreigners Stipendiarios quam domesticos Bellicis apponere casibus Haec itaque summa quia nomine Scutorum Solvitur Scutagium nuncupatur That is sometimes upon imminent danger or designs raised by Enemies against the Kingdom the King may Decree or take upon every Knights Fee a Sum of Money to wit a Mark or one Pound from whence arise the Stipends and Donatives of Soldiers for the Prince had rather employ in his Wars Stipendiaries than Domesticks This Sum therefore because it was paid as for a Scutum that is a (m) Knights Fees were called Scuta from their Shields a certain part of the Armour the always used and therefore we see our ancient Kings and great Men pourtrayed in a Military posture on Horseback with a Shield upon their left Arm. Knights Fee it was called Scutage which though it was paid often afterwards in all the elder Kings Reigns by common consent of the Kingdom yet it was never certain but sometimes one Mark a Mark and an half two
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
Gemeticensis lib. 8. c. 29. THE REIGN OF King Stephen KING Stephen was third Son to Stephen [1.] Ord. Vit. f 573. D. 574. A. An. Do. 1135. Earl of Blois by Adela the fourth Daughter to William the Conqueror his Uncle King Henry made him Earl of [2.] Ibidem King Stephen Married the Daughter and Heir of the Earl of Bologn Mortaign in Normandy and gave him many Lands and Honours in England by reason of which Advantages and Preferments he became the Husband of the Daughter and Heir of [3.] Ibidem Eustachius Earl of Bologn After the death of King Henry he made haste into England and was too quick for Maud the Empress She was Daughter to Henry the First her Husband Geofry Earl of Anjou and her Brother Robert Earl of Gloucester who were delayed for some time with the Business of Anjou and Normandy [4.] Hen. Hun. f. 221. a. n. 50. Tempting God he invaded the Crown notwithstanding he had Sworn Fealty to the Daughter of King Henry as Inheritrix of the Kingdom of England And William Arch-Bishop of Canterbury who first sware to be faithful to her All the Bishops Earls and Barons consent to the Coronation of Stephen notwithstanding their Oath to Maud and do him Homage Crowned him on the 22 d of December King Henry dying the first of that Month in Normandy All the Bishops Earls and Great Men that made the same Oath to Maud assented to his Coronation and did Homage to him At that time he took an Oath â— First That after the deaths of [5.] Ibidem f. 221. b. n. 30 40. Stephens Oath at his Coronation Bishops he would never keep Bishopricks void for his own advantage but presently consenting â—to Canonical Election would invest Bishops in them â— Secondly That he would not retain the Woods of any Clerk or Layman in his hands as King Henry had done who every year impleaded or vexed them if either they Hunted in their own Woods or if for their own necessities they stubbed them up â—or diminished them â— Thirdly That he would for ever Release Danegelt that is two Shillings an Hide which his Predecessors were wont to receive â—every year Gervase of [6.] Col. 1340. n. 10. Canterbury says That coming over in a swift sayling Ship the People of Dover repulsed him and the Inhabitants of Canterbury shut their Gates against him and that the Londoners with some Great Men received him with Honour where in Discourse between Stephen and some of the Chief Men of England about the Succession of the Kingdom in the presence of William Arch-Bishop of Canterbury he said The Arch-Bishop scrupled the Coronation of Stephen and how he was satisfied Anno Domini 1135. That by reason of the Oath he had made to Maud the Empress he dare not Crown any other One of the most powerful Men of England standing by sware he was present when King Henry voluntarily and in good Faith released that Oath Which being heard Stephen was Elected by almost all of them and Crowned by Arch-Bishop William on the 22 d of December A more true and full Account how this Man obtained the Crown may be seen in the Exact History of Succession f. His Title such as it was he procured to be confirmed by the Popes Bull which may be found in the History of Richard Prior of Hagustald Col. 313. n. 30. He found a vast Treasure that King Henry had left [7.] Malmsb f. 101. a.n. 50. King Henry left a vast Treasure with that Stephen raised and maintained an Army of Strangers One hundred thousand Pounds in Money and Gold and Silver Vessels of all inestimable value This drew to him very many Soldiers especially out of Flanders and Brittany besides the English which at present so Established him as neither the Duke of Anjou nor his Brother in Law Robert Earl of Gloucester thought fit to attaque him who after [8.] Ibidem n. 40. Robert Earl of Gloucester doubtful what to do Easter came out of Normandy into England Being very thoughtful what to do if he should submit to King Stephen and acknowledge him then he should go contrary to the Oath he had made to his Sister if he did not submit he could have no opportunity of doing any thing for the advantage of his Sister and her Children [9.] Ibid. b. l. 5. n. 10. He doth Conditional Homage to King Stephen All the Noblemen had very freely submitted themselves therefore he dissembled for a time and did Homage to the King upon Condition that so long as he freely permitted him to enjoy his Dignity and Estate he should be true to him In the same [1.] Ib. n. 10. A. D. 1136. The Bishops sware Fealty to him upon Conditions year not much after the coming of the Earl the Bishops sware Fealty to the King so long as he should preserve the Liberty and Discipline of the Church And then he gave them a [2.] Ibidem n. 20 30. His Charter chiefly to the Church and what he granted by it Charter by which he obligeth himself to maintain inviolably the Liberties Ancient Customs Dignities and Priviledges of the Church and that it should enjoy all the Possessions and Tenures it had the day his Grandfather King William died He gave also leave to Bishops Abbats and other Ecclesiastical Persons to distribute and dispose of their Goods before their deaths When Bishopricks were void he granted that they should be in the Custody of the Clerks or other good Men of the Church until it was provided of a Pastor The Forests which his Grandfather King William and his Uncle King William had made or held he reserved to himself such as his Uncle King Henry had made or superadded he restored to Church and Kingdom All Exactions unjust Customs and Practises he prohibited and Commanded the good Laws ancient and just Customs should be observed This [3.] Ibidem n. 40. He confirmed his Charter by Oath but never kept it Charter was granted at Oxford in the first year of his Reign Anno Dom. 1136. to the observation whereof he bound himself by Oath but as the Historian noteth kept it not for he [4.] Ibidem seized the Treasure of Churches and gave their Possessions to Laymen He turned out the Incumbents His usage of the Church and Church-men and sold them to others he imprisoned Bishops and forced them to alienate their Possessions Abbies he gave and sold to unworthy Persons But 't is there said These actions are not so much to be ascribed to him as to such as advised and perswaded him And Monasteries never to want Money so long as the Monasteries had it The first that gave him any considerable Trouble was [5.] Gesta Stephan f. 934. A. 936. D. Baldwin de Redvers fortified Exceter Castle against him yielded for want of Victuals Baldwin de Redvers Earl of Devonshire and Lord of the Isle of Wight he
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
He likewise impleaded all the Earls Barons Clerks and Laicks of England concerning their Forfeitures in his Forests and for Hunting in the time of War and caused them all to be Fined notwithstanding Richard de Lucy Justitiary of England appeared on their behalf and vouched the Kings Mandate from beyond Sea by which he was impowred to grant them License to Hunt c. On the Tenth of August [1.] Hoved. f. 311. b. n. 30 40. Ben. Abb p. 66. b. 67. a. b. Both Kings meet at York where the King of Scotland and David his Brother did Homage to them both Kings were at York where William King of Scotland and David his Brother Cum universis fere Episcopis Abbatibus aliis Magnatibus terrarum suarum says Hoveden with almost all the Bishops Abbats and great Men of his Land Abbat Bennet says That the King of Scots met him there secum adduxit omnes Episcopos Comites Barones Milites Francos Tenentes terrae suae a maximo ad minimum and brought with him all his Bishops Earls Barons Knights and Franc-Tenents or such as held by Military Service from the greatest to the least The Business of this great Meeting was to renew the Peace and Agreement the King of Scots had made with the King of England when he was his Prisoner at Falais in Normandy The Effect where f was 1. â—That the King of Scotland and David his Brother did Homage to King Henry for all the Territories they were possessed of namely Scotland and Galway and did Swear Allegiance and Fealty to him against all Men. The like they did to Henry his Son saving their â—Allegiance and Fealty to his Father The Bishops and Abbats of Scot and swear Allegiance and Fealty to the Kings of England and their Heirs 2. â—In like manner Richard Bishop of St. Andrews Joscelin Bishop of Glasco Richard Bishop of Dunkeld Christian Bishop of Galway Andrew Bishop of Caâ—nes Simon de Thoum Bishop of Murrey the Abbat of Kelzan Laurenâ—e Abbat of Malros and the Abbat of Newbottle and besides those all the Abbats of Scotland did Swear Allegiance and Fealty by the Command of the King â—of Scotland to both Kings of England and their Heirs for ever 3. â—The same Bishops sware That if the King of Scotland observed not this Agreement with the King of England they would put him and his Land under an Interdict until he submitted himself to his good pleasure They swear Subjection to the Church of England They also Sware they would continue the same Subjection to the Church of England their Predecessors â—were used to observe or such Subjection as was due unto it 4. The Earls and Barons of Scotland swear Allegiance to both the King and his Son Henry â—In like manner the Earls and Barons by Command of the King of Scotland did Homage and sware Allegiance and Fealty to both Kings against all Men viz. Earl Dunâ—can the Earl of Angus and Earl Waldef and they sware That if the King of Scotland should recede from the Agreement they would assist the King of England against him until he made satisfaction according â—to his Will The Agreement between the King of England and Scotland Sealed Several Cautionary Towns and Castles put into the King of England's hands And then the King of England caused the Agreement between him and the King of Scotland to be read before them all and to be Confirmed with his Seal and the Seal of his Brother David which see in the Appendix n. 167. But besides their Seals he had for his Security the Castles of Rokesburgh Berwick Gedwurth Edinburgh and Sterling put into his Hands which were to be maintained by a proportionable Allowance out of the Revenue of the King of Scotland by assignment of the King of England After [2.] Ibidem p 69. a. The King of England gives leave to the King of Scots to go into Galway the dispatch of this great Affair at York King Henry gave leave to the King of Scots to march with his Army into Galway to subdue Gilbert Son to Fergus that had receded from his Fealty and wickedly slain his Brother Vctred On the Twenty fifth of January [3.] Hoved. f. 313. a. n. 50. The King holds a Council at Northampton the King held a great Council at Northampton with the King his Son and with the Arch-Bishops Bishops Earls and Barons concerning the Statutes and Laws of the Kingdom and by common Advice of them all divided it into six parts into every one of which he sent three Justices which were these I. Hugh de [4.] Ibid. b. Cressi Walter Fitz-Robert Robert Mantel Norfolke Suffolke Cambridgeshire Huntingtonshire Bedfordshire Buckinghamshire Essex Hertfordshire II. Hugh de Gundevill William Fitz-Ralph William Basset Lincolnshire Nottinghamshire Derbyshire Staffordshire Warwickshire Northamptonshire Leicestershire III. Robert Fitz-Bernard Richard Giffard Rogert Fitz-Râ—infray Kent Surry Hampshire Sussex Berkshire Oxfordshire IV. William Fitz-Stephen Bertram de Verdun Turstan Fitz-Simon Herefordshire Gloucestershire Worcestershire Shropshire V. Ralph Fitz-Stephen William Ruffus Gilbert Pipard Wiltshire Dorsetshire Sumersetshire Devonshire and Cornwall VI. Robert de Vaus Ranulp de Glanvill Robert Pikenot Yorkshire Richmundshire Lancastershire Coupland Westmâ—rland Northumberland Cumberland And then [5.] Ibidem n. 40. The King Swears his Justices to observe his Statutes the King caused all these Justices to Swear they would truly and justly without any Artifice keep the underwritten Statutes and cause them to be kept inviolably by his Subjects The Assises or Statutes of King Henry made at Clarendon and Renewed at Northampton I. The Trial by Water Ordeal Established â—IF any one was Accused before the Kings Justices of Murder Theft or Robery or for receiving such Malefactors or of Forgery or Malicious Burning of Houses by the Oaths of twelve Knights of the Hundred and if there were not Knights present then by the Oaths of twelve Lawful Freemen and by the Oaths of four Men of every Town of the Hundred let him go to the Judgment or Trial of Water or Water Ordeal and if he appears Guilty let one Foot be cut off And at Northampton it was added for the Rigor of Justice That he should besides his Foot have his Right Hand cut off and to abjure the Kingdom and leave it within forty days If he be Innocent let him find Pledges and Sureties and stay in the Kingdom unless he be accused of Murder or any heinous Felony by common Fame or Report of Legal Knights of the Country then though acquitted by the Trial of Water he was to go out of the Kingdom within forty days and carry his Goods with him saving the Right of his Lords and to be at the Kings pleasure for abjuring the Kingdom This Statute shall take place from the time the Assise or Statutes were made at * * Anno Dom. 1164. 10 Hen. 2. Clarendon until this time and as much longer as the King pleaseth in Murder
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
drew his men together and marches toward the Newry to go into Vriel but in his march he had notice that the Irish of those Parts were in Arms and provided for their defence and were incamped South of Dundalke The English marched toward them and procured a Poor Frier to go and tell them that there were great Forces arrived from England at Tre or Drogedagh and that they were marching toward them the English when they came within a Mile of the Irish Army they went forward in such order as might make the greatest shew and appear many in number by the advantage of the places where they marched The English approaching make a great shout with which the Irish were so daunted as they broke their order tumbled one upon another and attempted to pass the River when the Tide coming in many were drowned and others that dare not adventure through the Water were killed by the English O Hanlan with his men had passed the Water The Frier shewed unto the English a Ford where they went over and pursued the Irish which were about 6000 A Fight between Courcy and O Hanlan and the English 1000 the matter was so ordered on both sides that they must fight the Conflict was sharp the English Foot gave back and left Courcy in the midst of his Enemies his Brother Amoric comes into to his relief rallies and incourageth the Soldiers who charged the Irish so briskly as they made them retreat The slaughter was great on both sides and each of them drew off without boasting of Victory The Fourth [6] Ib. f. 157. Girald ut supr l. 2. c. 16. f. 795. n. 10. was at the Bridge of Ivori where Courcy prevailed and slew many of his Enemies These were the great Acts of John de Courcy who commanded those English Forces that subdued Vlster after which he built many Castles in fit places for the Security of it and established there a firm Peace While John de Courcy [7] Ibid. c. 17. was thus imployed in reducing Vlster Miles Cogan who was * Dublinens familiae constabularius urbis custos c. Miles Cogan invades Connaught Constable of or had the chief command of the Forces of Dublin and Governor of that City under William Fitz-Adelm Seneschal of Ireland with Forty Knights 200 other Horse-men and 300 Archers passed the River Shannon and invaded Conaught the men whereof burnt their own Cities and Towns hid their Food and Victuals in Caves under ground and drove their Cattle into Fastnesses The English * Anglicana familia cum Tuemoniam Metropolin pervenisset c. Forces went as far as Twomond or Tuam the Metropolis and staid there eight days but not finding wherewithall to subsist returned to the Shannon where Roderic Prince of Conaught met them with three great Bodies of men There was a sharp Fight and many of the Irish slain but Miles and his men got safe to Dublin with the loss only of three Horse-men After this William Fitz-Adelm was recalled and [8] Ibid. c. 18. A. D. 1177. Hugh de Lacy was by King Henry made Procurator General that is Seneschal or Governor of Ireland Rex Henricus Hugonem de Lacy generalem Hiberniae Procuratorem constituit This same year in a general Council at Oxford [9] Hoved. f. 323. n. 20 30 40 c. Henry makes his Son John King of Ireland King Henry made his Son John King of Ireland by the Grant and Confirmation of Pope Alexander Venit Rex Oxeneford in Generali Consilio ibidem celebrato constituit Johannem filium suum Regem in Hibernia concessione confirmatione Alexandri summi Pontificis Benedictus Abbas [1] P. 97. a. says he purchased or procured a License from Pope Alexander to make which Son he would King of Ireland Rex perquisierat ab Alexandro summo Pontifice quod liceret ei filium suum quem vellet coronare Regem facere de Hibernia He gave in the same [2] Hoveden uâ— supra Henry grants to Fitz-Stephan and Cogham the Kingdom of Cork Council to Robert Fitz-Stephan and Miles de Cogham the Kingdom of Cork for the Service of sixty Knights to hold of him and his Son John except the City of Cork and one Cantred or Hundred which the King reserved to him and his Heirs The King gave also to Herbert Fitz-Herbert and William the Brother of Earl Reginald and Jollan de la Pumeray their Nephew the Kingdom of Limeric for the Service of sixty Knights or for sixty Knights Fees except the City of Limeric and one Cantred which he retained to him and his Heirs He likewise delivered to William Fitz-Adelm his Dapifer or Seneschal the Custody of the City of Wexford with all its Appertenencies and decreed that for the future the places following should belong to the Service of Wexford Harkelow with its Appertinencies Glascarric with its Appertinencies and the Land of Gilbert Boisrohard Ferneg Winal with its Appertinencies and all the Land of Hervey between Wexford and the River of Wexford the Service of Raimund de Druna the Service of Frodrevelan the Service of Vthmorth Leighlerin the Tenement of Maâ— Taloe with its Appertinencies and Leis the Land of Geofry of Constentine with its Appertinencies and all the Land of Otneld King Henry also delivered in Custody unto Robert Poer his Marshal the City of Waterford with all its Appertinencies and ordained that for the future these places following should belong to the Service of that City all the Land which is between Waterford and the River beyond Lismore and all the Land of Ossery with its Appertinencies Dublin committed to Hugh de Lacy. He also delivered in Custody unto Hugh de Lacy Dublin with all its Appertinencies and ordained that these places following should belong to the Service of Dublin the whole Land of O Felana with its Appertinencies and Kildare with its Appertinencies and the whole Land of Ophaly with its Appertinencies and Wicklow with its Appertinencies and the Service of Meth and the Service of four Knights Service which Robert Poer owes for his Castle of Dunavet When the King had thus [3] Ib. f. 324. a. lin 8. All to whom Lands were committed swear Fealty to the King and his Son John given the Lands in Ireland and divided their Services he made all those to whom he had committed the Custody of them to become his and his Son John's Men or Vassals homines suos Johannis filii sui Devenire and to swear Ligeance and Fidelity to them for those Lands Afterward he gave [4] Ibid. n. 20. to Philip Bruise the whole Kingdom of Limeric for the Service of sixty Knights to hold of him and John his Son for Herbert and William the Brothers of Reginald Earl of Cornwall and Joslan de la Pumeray their Nephew would not have that Kingdom because it was not then fully subdued for the English had killed the King of Limeric who was the
he came into Normandy he forthwith went to Stephan Langeton performed his Canonical Obedience to him and was Consecrated by him on the 20th of December And when it was Known to the King he seized the Bishopric and confiscated the Profits and Delivering the Seal to VValter de Gray made him Chancellor King Iohn kept his Christmass at Windsor [2] Ibid. n. 20. A. D. 1210. The great men attend upon the King notwithstanding the Interdict where all the great men of England attended upon and conversed with him notwithstanding the Sentence of Interdict but whether out of Loyalty or Fear it remains Doubtful The Historian says Omnibus sese subtrahentibus Rex nocivè insidebatur the King sat upon the Skirts of all such as withdrew or absented themselves This year the [3] Ibid. f. 230. lin 6. n. 20. King passed over with an Army into Ireland and having [3] Ibid. f. 230. lin 6. n. 20. disposed all things according to his mind returned and Landed in England on the 30th of August and making great speed to London caused all the Prelates of England to appear before him Upon this [4] Ibid. n. 30. He Summons all the Prelates of England to appear before him All Ecclesiastics forced to a Composition general Summons there came Abbats Priors Abbesses Templars Hospitallers the Guardians of the Towns of the Order of Clugny and other Transmarine Aliens of what Order or Dignity soever who were all forced to so great a Composition as it was Reported the Summe amounted to an hundred thousand pounds Sterling And the White Monks only all other excepted were forced to pay to the King 40000 l. of Silver The King [5] Ibid. n. 40. A. D. 1211. He raised a great Army and Marched into Wales Summoned a great Army to meet him at VVhitchurch in Shrapshâ—re with which on the eighth of July he marched into VVales as far as Snowdun and carried all before him the Kings and Nobles he subdued without Resistance for their future subjection he received twenty eight Pleges And having passed all over that Nation came back to VVhitchurch on the 15th of August He subdued them and received Pleges for their obedience and proceeding from thence to Northampton where the Popes Nuntio Pandulph and Durand a Templar met him who came into England to make Peace between the Secular Government and the Ecclesiastic Qui ad hoc venerunt ut pacem inter Regâ—um Sacerdotium Reformarent At the Request of these men the King [6] Ibid. n. 50. This willingness to receive the Archbishop and all the proscribed Bishops freely granted that the Arch-Bishop of Canturbury and the Monks and all the Proscribed Bishâ—ps might return in Peace and Security to their own places But because the King would not make satisfaction for the Damages done to and the Goods of the Arch-Bishop and Bishops which were Confiscated The Treaty came to nothing the Nuntio and his assistant returning into France [7] Ibid. He â—axed those that did not go with him in hâ—s Welch expedition So soon as they were gone the King took of these Mâ—litary men that were not present in the Welch expedition for every Knights Fee two Marks of Silver About [8] Ib. f. 231. lin 1. A. D. 1211. Reginald Earl of Bologn ill used by the King of France He is kinâ—ly received by King John this time Reginald de Domino Martino Dan Martin Earl of Bologn was thrust out of his Earldom and deprived of all his Goods by the King of France who gave it to his own Son Philip in perpetual right with the Daughter and Heir of that Earl who came into England and was Honorably received by King Iohn by whose Bounty he received 300 l. a Year in Land and did Homage and Fealty to him [9] Ibid. l. 7. Tho. Walsin Hypodig Neust f. 460. n 20. Leolin Prince of North Wales made some incursions into England but was repelled and forced to subjection The Pope [1] Paris f. 231. n. 10. The Pope absolveth all his Subjects from their Allegiance much admiring the Contumacy of King Iohn That he would not comply with the Dictates of his Nuntio absolved all his Subjects high and low from their Fidelity and Subjection to him Forbidding all and singular under the pain of Excommunication strictly to avoid him at his Table in Counsel Discourse and Conversation At Dinner on [2] Ibid. n. 30. A. D. 1212. Mid-Lent Sunday the King Knighted Alexander the King of Scots Eldest Son and Heir And about that time Mauger [3] Ibid. Bishop of Worcester Dyed at the Abby of Pontigny in France Not long after [4] Ibid. n. 40. The Welch make Incursions into England the Welch made hostile irruptions and took several Castles in England and cut off the heads of the Defendants burnt many Towns and returned with great spoils into their own Country The King was much moved at this action and levyed a great Army exercitum innumerabilem of Knights and ordinary Horse and Foot resolving to harrass all Wales and exterminate the Inhabitants and in Revenge [5] Ibid. King John Hanged the Welch Hostages Hanged up the twenty eight Hostages or Pleges he had Received the year before Just as he was ready for the Expedition he received [6] Ibid. n. 50. He hath notice of a Conspiracy against him but slights it Letters from the King of Scots and his Daughter Wife to Leolin King of Northwales and others of a Traiterous Conspiracy formed against him all which he neglected and slighted and went on to Chester where again he received Letters [7] Ibid. f. 232. lin 1. That if he Marched forward he would either be Slain by his Noblemen or delivered to his Enemies to be Destroyed At these Repeated Letters he was much Troubled and when he understood his great men of England were absolved from their Obedience and Fealty he gave more Credit to the Letters [8] Ibid. lin 3. At length he was convinced and sent to his Great men for Pleges Atque cum intellixisset Magnates Angliae a sua esse Fidelitate absolutos majorem literis sibi destinatis Fidem adhibuit And then changing his Design Disbanded his Army and came to London and sent his Commissioners to all the Great Men he suspected to send him Pleges That thereby he might know who would or would not obey him Those who dare not resist the Kings Commands Some sent their Sons c others refused and fled sent their Sons Nephews and nearest Relations That so they might in some measure appease his indignation But Eustachius de Vesci and Robert Fitz-VValter being accused of the Treason fled out of England Eustachius into Scotland and Robert into France Some while after one [9] Ibid. n. 10. Peter the Hermite his Prophesie Peter an Hermite in the Diocess of York after he could not but see the Pope would Depose King Iohn Prophesied that
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
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
Sea to do and receive Justice according to the form of Peace between the King and him his Procurators or Commissioners appeared with full power to do what was desired Ralph Mortimer Roger Steward of Chester and Griffin for themselves and other Marchers appeared and desired Justice might presently be done according to the proof of Witnesses at Shrewsbury before Stephen de Segrave New Arbitrators chosen between the King and Prince David and his fellow-Judges who were there instead of the King After two days wrangling instead of Otto the Legat the Bishops of Worcester and Norwich the Bishop of Coventry John Fitz-Geofry Herebert Fitz-Mathew and Walter de Clifford were appointed Arbitrators And a day was appointed a Moneth after Whitsunday at Maneford Bridge beyond Shrewsbury to hear what could any ways be proved concerning the injuries done on either side and on that day another day was appointed for Judgment to be given by the Arbitrators according to the proof before them Not long after this the King was informed That [4] Append. n. 1â—6 The King had notice of a Confederacy against him by Prince David David contrary to his Oath given unto him had confederated with and drawn off the Brothers of Griffin Son of Madoch and certain of the Kings Men in Kers who had done Homage to him from their Service and Fealty and had received them into his Countrey and that he intended to commit Burnings and Slaughters in the Lands of Ralph Mortimer and other his Feudataries That he had â—y force seized the Lands of O. Vaghan and his Nephews against Justice which were adjudged to them in his Court That he had caused a Ship of Chester to be stayed in his Countrey laden with Wheat and other Victuals making no satisfaction to such as ought the Goods That when he sent his Commissioners to Shrewsbury in contempt of the King he neither came nor sent any Procurators to meet them The King writes to him concerning them Whereupon he wrote to him on the 14th of July that he should not omit to let him Know before the First of August what satisfaction he would give for these Injuries Before the 15th of that Moneth [5] Append. n. 167. Senana the Wife of his Brother Griffin came and complained to the King That David had imprisoned her Husband with his Son Owen and in the name of her Husband offered the King 600 Marks to cause her Husband and Son to be released out of prison so as he might stand to the Judgment of his Court whether he ought to be kept in prison and that the King afterwards would by the Judgment of his Court according to the Law of Wales cause him to have that part of his Fathers Inheritance which he ought to have which David by force with-held from him And Senana undertook that her Husband and his Heirs should pay to the King and his Heirs for ever 300 Marks a year a Third part in Money a Third part in Oxen and Cowes and a Third part in Horses at Shrewsbury to the Sherif of Shropshire She undertook further for her Husband That if at any time any Welch-man rebelled against the King or his Heirs he would at his own cost compel him to give satisfaction and for the performance of all this in the name of he Husband Griffin gave to the King as Pledges Ralph Mortimer Walter de Clifford Roger de Monte-alto Steward of Chester Mailgun Son of Mailgun Mereduc Son of Robert Griffin Son of Maddok de Baunfeld Howel and Mereduc his Brothers Griffin Son of * He was Lord of Powis Wennuwen who all undertook for Senana and gave the King their [6] Append. n. 168. Charts That what she propounded should be performed And all the Noblemen of Wales that favoured Griffin swore Fealty to King Henry and gave him their [7] Append. n. 169. Charts That they would faithfully serve him with all their force and power all days of their life when ever he wanted their assistance and that they would observe the Truce between them and Ralph Mortimer And for the observation of these things they put themselves under the Jurisdiction of the Bishop of Hereford or Bishop of Coventry which the King should choose to Excommunicate them and all theirs and Interdict their Lands if they did any thing contrary to this Agreement which was Signed August the 16 th On the 29th of the same Month Prince David Sealed his [8] Append. n. 170. Charter of Submission to the King First That he would deliver his Brother Griffin or Gruffith and his Son to him Secondly That he would stand to the Judgment of the Kings Court whether Griffin ought to be prisoner or not and also for the Portion of his Fathers Inheritance which he claimed according to the Custom of Wales and should hold that Land of the King in Capite Thirdly That he should restore to Roger de Monte-Alto Steward of Chester his Land of Montalt or as it is commonly called Mauthaut or Mould with its Appurtenances Fourthly That he should restore to other Barons all such Lands Lordships and Castles as had been taken from them since the beginning of the Wars between King John and his Father Lewelin Prince of Wales Fifthly That he would defray all the charges of King Henry in the last Expedition against him Sixthly That he would make satisfaction for all the Injuries done by him or his unto the King or his People That he would restore unto him all the Homages which King John had or that he ought to have especially of the Noblemen of Wales Seventhly The Land of Ellesmer with the Appurtenances was to remain to the King for ever Eighthly That he should not receive any of the Kings Subjects within his Countrey of Wales that were Outlawed or Banished Ninthly And that for the performance of this he would give Pleges and Security according to the Kings Will and Pleasure and would do all his Commands and stand to the Law in his Court. After this on the 31 of August [9] Append. n. 171. he made his Chart to the King freely and willingly That he and his Heirs should faithfully serve the King and his Heirs and assist him all days of their lives and if at any time they should act contrary to that ingagement then all his Lands or Countrey should be forfeited to him and He and his Heirs should injoy them for ever And for the greater Declaration of this Matter he caused the Bishops of Bangor and St. Asaph to put their Seals to this Chart. This year [7] fol. 570. n. 40. Tinn-Mines first discovered in Germany Tinn-Mines were first discovered in Germany and by reason of the Purity and Quantity of that Tinn the price of that Mettal was much lessened here for before that time none had ever been heard of but in England About this time [8] fol. 57â— n. 40. Walter at first is refused but afterward is restored to the Earldom and
France and submitted himself to his Mercy and Protection to whom the King replyed [4] fol. 594. n. 20. He is kindly received by the King of France That He only had behaved himself faithfully to his King and therefore received the Castle and himself very kindly and having first taken his Oath of Fealty he restored it to him again William de [5] fol. 411 412 413 414. William de Nangis his relation of this story Nangis in the Life of King Lewis in this year and in the relation of this Story in some things is more particular in some things less than Paris in the main of the Story they agree The French Historian saith The Earl of March sent his eldest Son Hugh who made peace with the King of France upon these Terms That such Lands as the King of France had taken from his Father should remain to the Earl of Poictou the King of France his Brother and his Heirs That concerning the Rest of Land the Earl of March and his Wife with their Children were to stand to the Pleasure and Courtesie of the King of France and for the security of the King of France the Earl was to deliver his three strong Castles Mâ—lpinum Merpin Crosanum his Castle upon the River Crosa or Creuse and Castrum Aâ—hardi Castle-Achard which presently received his Garisons and most of the Barons and Great Men of Poictou did Homage to the King of France The day after [6] Paris fol. â—94 n. 30. Midsummer Queen Alienor was brought to bed of a Daughter at Burdeaux Queen Alienor brought to Bed of a Daughter at Burdeaux A Truce between England and France for five years which was named Beatrix In the mean time the King of France purposed to persue the King of England to Blay and from thence to Burdeaux if he fled thither But want of Victuals and Forrage and the Pestilence which raged in his Army together with his own illness made him alter those measures he had before resolved upon and instead of fighting he made a Truce with the King of England for [7] Nangis de Gestis Lud. ix f. 414. n. 40 five years and then returned into France by Xaints and in a short time recovered his health This year the King of England required [8] Paris fol. 595. n. 30. and fol. 597. n. 20. Three Marks upon every Knights Fee Several Great Men desire leave to return into England Scutage to be paid him throughout all England of every Knights Fee three Marks or as others but Twenty Shillings About Michaelmass Earl Bigod Roger Earl of Winchester and many other Great Men came to the King and desired leave to return into England which was granted [9] Ibid. n. 50. The King's unkindness to William de Ros. Earl Richard represents his hard usage to the King At the same time the King Treated William de Ros very unkindly who after he had spent his Money in the Kings Service and not having wherewithal to maintain himself had his Lands seized without judgment of his Peers When Earl Richard perceived how hardly he was dealt withal He went to the King and blamed him for it but the King received him with great Passion and Threats Earl Richard made no return but when he saw the King continued resolute and would not be guided by his advice [1] fol. 596. n. 10. He William Earl Mareschal the Earl of Hereford and many other Great Men left the King at Burdeux with his Queen and took Ship and came over into England In October King Henry [2] Ibid. n. 20 30 40. A. D. 1242. The King writes to the Arch-Bishop of York to send him Provisions sent to the Archbishop of York to whom he had committed the Government of the Kingdom in his absence Commanding him to take the Grain of the Archbishopric of Canturbury and all other Bishoprics that were void with Bacon Salt and other winter Provision together with Cloth to make Garments and without delay to send them to him at Burdeux * He sent 10000 Quarters of Wheat 5000 Quarters of Oats and as many Bacons And to enter upon their Estates who left his Service The â—ing trusteth to Forreign Counsels and is deceived by them which was done according to his desire Moreover he Commanded the Arch-Bishop that he should seize and confiscate the Estates of those that withdrew themselves from his Service but the Arch-bishop prudently declined to execute his Command because necessity forced them to retire and also they that continued with the King at Burdeux namely Simon Earl of Leicester William Earl of Salisbury and some other Noblemen contracted such great Debts that they were reduced to penury The King likewise gave himself wholly up to softness and unprofitable expence of Money and was now altogether guided by the Counsels of the King of Arragon and Earl of Tholouse who never stood by him at any time when necessity pressed him but was ever deluded and defrauded by them the Poictovins and Gascoignians [3] fol. 597. n. â—0 so that notwithstanding he had so many supplies of Money and Provision and Cloaths for his Soldiers yet he was [4] Ibid. n. 30 40 50. He desires one â—ears profit of the Cistercians Wooll their Answer to the King's desire reduced to so great and urgent necessities that He again wrote to the Arch-Bishop of York to desire of the Cistercian Order One years profit of all their Wool from which they endeavoured by plausible pretences to excuse themselves but when pressed by the Arch-Bishop to a complyance with the King's desires who always was ready to succor their necessities One of the Abbats of that Order answered That the King was sworn to do Justice and they never desired any thing of him in special which he was not obliged to do for them in general If [5] fol. 598. lin 3. he would give them any thing for the Health of his Soul or of his Ancestors Souls or the state of his Kingdom they were ready to receive it An. D. 1243. In the Year 1243. King [6] fol. 598. n. 10. Henry remained all Winter at Burdeaux from whence in the beginning of March following he again [7] Ibid. n. 40 50. The King sends to the Arch-Bishop for a supply of Provision of Victuals and Money wrote to the Arch Bishop of York to send him Provision and Money complaining he had â—eceived neither since the Abbat of Evesham came to him This amazed the Arch-bishop who had so lately sent such large supplies of both from hence he conjectured the Sea had devoured it Wherefore he made further Provision both of Victuals and Money and designed to send it unto him but the [8] Ibid. n. 50. The Wardens of the Cinquâ— Ports refuse to carry it Wardens of the Cinque-ports refused to undertake it unless he would provide a Convoy of ships sufficient to protect them against the Pyracies of the Earl of
Bull was Dated at Viterbo in Italy 5. Idus Junii 9 th of June in the 2 d. year of his Pontificate which was A. D. 1267. the 51 st of this King and Directed to his Legat Ottobon but not put in Execution until after Christmass following The English and Welch every year almost and sometimes often in the same year made inrodes into each others Countries The Welch and English destroy one â—others Couâ—tries fired and burnt Houses took possession of each others Lands and Goods and more especially spoiled and wasted the Borders on both sides of which Actions seeing they were Ordinary and frequent I have not taken notice for many years But Lewelin Son of Griffin having been a great Friend to Montfort The King dâ—â—signed to châ—stise Lewelin Prince of Wales and a great support to him in his Rebellious practices in September this year the King came with a great Army to Shrewsbury with Design to March into Wales and Chastise him for his Vnfaithfulness to him who now wanting the help of the Rebellious Barons by Diverting the King applyed himself to the Legat He desires peace and oâ—tains it by whose Mediation a Peace was made [3] Cart. â—1 Hen. 3. M. â— De Reformâ—tionâ— paâ— iâ—ter Regem â— Lewelinum Principem Wallia The Articlâ— of the peacâ— so as all Lands should be restored on both sides and that the Customs of the Marches should still remain That King Henry should grant unto him and his heirs the principality of Wales and that they should be and be called Princes of Wales That they should receive the Homage and Fealty of all the Barons of Wales who were to hold their Lands of them in Capite except the Homage of Mereduâ— the Son of Rhese which the King reteined to him and his Heirs and if ever the King should grant it to him he should pay for it 5000 l. He likewise Granted him the four Cantreds of Borthwlad to hold and possess them as fully as ever the King and his Heirs had possessed them For which Principality Lands Homages and Grants the same Prince and his Successors were to swear Fealty and do Homage and perform the accustomed Services due to the King and his Heirs as they had been done by him and Predecessors to the King and his Ancestors And further was to give him 25000. Marks This Agreement bears Date at Shrewsbury 25 th of September 1267. The Record is long but this is all that is material in it A. D. 1268. 52 Hen. 3. The Pope having in his Bull of the Grant of the tenths of all Arch-Bishopricks Bishopricks c. before mentioned Commanded his Legat to Collect or Receive it or cause it to be Collected or Received by other fit persons [4] Cart. 51. Hen. 3. M. 10. in Cedula The Legat appoints Collectors of the tenth lately granted He assigned Walter the Elect of York Stephen of Canturbury and Ruffin Clivel Arch-Deacons in that Church to receive and pay it to the King one third part at Easter following another third part at Midsummer and the last at Michaelmass and so for every of the three years and the King by the Assignment of the Legat appointed [5] Pat. 52. Hen. 3. M. 32. intus M. 33. Collectors of this tenth in every Diocess The Dean and Chapter of Salisbury [6] Pat. 52. Hen. 3. M. 9. intuâ— Salisbury and Bath and Wells compound by the year with the King compounded with the King for 1000 l. a year for all the tenths arising out of that Diocess and the Dean and Chapter Abbats and all the Clegy of the Diocess of Bath and Wells [7] Ibid. M. 2. intus compounded with him for 500 Marks down and 350 l. 4 s. ob each year for their own tenths The King with his Army this year Marched [8] Paris fol. 1004. n. 30.40 The King Marcheth against the disinherited in the Isle of Ely He soon reduced or dispersed them toward the Isle of Ely to reduce or disperse such as had taken refuge there and by the assistance and advice of such as inhabited thereabout he made Bridges with Planks and Hurdles at convenient places so that the Soldiers with little difficulty entred the Isle and presently brought many of them to the Kings obedience and put the rest to flight In the year 1269. King Henry was at London [9] Ibid. fol. 1005. lin 1. A. D. 1269. Edward and Edmund the Kings Sons undertake the Cross with his Queen and Ottobon the Legat who called a Council at London and there constituted many things for the Reformation of the Church of England Soon after at Northampton he signed with the Cross Edward and Edmund the Kings Sons the Earl of Glocester and many other Noblemen of England and then with an inestimable Treasure returned to Rome At the same time the King [1] Ibid. n. 10. The Kings Proclamation for the security of his subjects goods caused it to be proclaimed throughout all England in every County that whoever should invade or injustly usurp any ones goods or possessions he should be lyable to a Capital Punishment which was soon after executed upon one at Dunstable who had driven away twelve Oxen that were the Villans of Colne belonging to the Abby of St. Albans who persued him and took him and brought him before the Baylif of the Liberties of St. Albans who read to him in English the Kings Letter before the whole Multitude and then by virtue of the Kings Command Sentenced him to be beheaded This year the King of [2] Ibid. n. 20. The King of France his invitation to Prince Edward France sent Messengers into England to invite Prince Edward to accompany him into the Holy-Land Prince Edward accepâ— his offer to whom the Prince replyed that the late Wars between the King and his Great-men had exhausted the English Treasury so that he had not sufficient to supply his necessary Expences for such an Expedition The King of France offered that if he would comply with his desires he would furnish him with 30000 Marks To which Prince Edward consented and forthwith offered Gascoigny as security for his Mony and then came into England to obtain leave of his Father King Henry which he granted with Tears and gave him his Blessing In the same year [3] Fol. 10â— lin 4. A Parlemeâ— at Merleberâ— Statutes mâ— there in the Octaves of St. Martin or the 19 th of November a Parlement was held at Marlebergh in which by the Assent of the Earls and Barons were made the Statutes of Merlebergh in quo assensu Comitum Baronum edita sunt Statuta quae de Marleberwe vocantur In the year 1270. King Henry [4] 1006. n. 10. A. D 1270. Prince Edmund Marriâ— with his Queen and the Chiefs of the Kingdom was at Christmass at Eltham On the eighth of April Edmund the Kings Second Son Married Auelin the Daughter of William de Albamarla
salutem Ibidem Facite simul venire omnes illos qui terras tenent de dominico victu Ecclesiae de Heli. Et volo ut Ecclesia eas habeat sicut habebat die qua Edwardus Rex fuit vivus mortuus Et si aliquis dixerit quod inde de meo dono aliquid habeat Mandate mihi magnitudinem terrae quomodo eam reclamat ego secundum quod audiero aut ei inde escambitionem reddam aut aliquid faciam Facite etiam ut Abbas Symeon habeat omnes consuetudines quae ad Abbatiam pertinebant die quo Rex Edwardus fuit mortuus Si illi qui eas habent secum concordare noluerint ad istud placitum summonere Willielmum de Guaregna Richardum filium Comitis Gilberti Hugonem de Monte-Forti Golfridum de Magnavilla Radulfum de Belfo Herveum Bituriensem Hardewinum de Escalers alios quos Abbas vobis nominabit Willielmus Rex Anglorum Lanfranco Archiepiscopo Golfrido Constantiensi Episcopo salutem Ibid. 94. b. Facite Abbatem de Heli resaisiri N. 6 de istis terris quas isti tenent Hugo de Monteforti unum Manerium nomine Bercham Richardus filius Comitis Gilleberti Brochesheue Picotus Vicecomes Epintonam Hugo de Berneriis 3 hidas Remigius Episcopus 1 hidam Episcopus Baiocensis 2 hidas Frodo frater Abbatis 1 Manerium Duo carpentarii 1 hidam 3 virg Si ipse Abbas poterit ostendere supradictas terras esse de dominico suae Eclesiae Et si supradicti homines non poterint ostendere ut eas terras habuissent de dono meo Facite etiam quod Abbas praedictus habeat Sacam Socam alias consuetudines sicut Antecessor ejus habuit die quâ Rex Aedwardus fuit vivus mortuus Willielmus Rex Anglorum Lanfranco Archiepiscopo Goisfrido Constantino Episcopo Roberto Comiti de Moritonio salutem Ibidem Facite N. 7 Simeonem Abbatem habere Sacam Socam suam prout suus Antecessor habuit tempore Regis Aedwardi videlicet de quinque Hundret de Suthfulch ab omnibus viris qui terras tenent in illis Hundrez Videte ne Abbas praedictus quicquam injuste perdat facite ut omnia sua cum magno honore teneat Willielmus Rex Anglorum Lanfranco Archiepiscopo G. Episcopo R. Comiti Moritonio Ibidem salutem Defendite ne Remigius Episcopus N. 8 novas consuetudines requirat infra Insulam de Heli. Nolo enim ut ibi habeat nisi illud quod Antecessor ejus habebat tempore Regis Aedwardi scilicet qua die ipse Rex mortuus est Et si Remigius Episcopus inde placitare voluerit placitet inde sicut fecisset tempore Regis Aedwardi placitum istud sit in vestra praesentia De custodia de Norguic Abbatem Symeonem quietum esse dimittite Sed ibi municionem suam conduci faciat custodiri Facite remanere placitum de terris quas calumniantur Willielmus de Ou Radulfus filius Gualeranni Robertus Gernon si inde placitare noluerint sicut inde placitassent tempore Regis Aedwardi sicut in eodem tempore Abbatia consuetudines suas habebat volo ut eas omnino faciatis habere sicut Abbas per cartas suas per testes suos eas deplacitare poterit The Conquerors Charter of Liberties to the City of London gronted to William Bishop of London Given in the Saxon Language but thus Englished Stowe f. 535.739 740. WIlliam King greeteth William Bishop and Godfrey Portgrave N. 9 and all the Burgesses within London French and English and I grant that they be all Law-worthy as they were in Edwards days the King and I Will that each Child be his Fathers Heir and I will not suffer that any Man do you wrong And God you keep An Alphabetical Catalogue of the Names of all the great Tenents that held all the Lands Towns Maners and Farms in England of William the Conqueror mentioned in the Survey thereof called Doomesday-Book Numb 10. A ARchiepiscopus Cantuariensis Monachi ejus Abbatia de Berchinges Abbatissa de Eodem Abb. de Ely Abb. Sancti Edmundi Abb. de Bello Abb. Sanctae Trinitat de Cadomo Abbatissa de Eodem Abb. Sancti Adoeni Abb. Sancti Benedicti Ramesii Abb. de Hulmo Abb. de Bernai Abbatissa de Ceterich Abb. Sancti Augustini Abb. de Gand. Abb. Fiscamiensis Abb. Wintoniensis Abb. de Certesis alias Certesig Abb. Sancti Wandregesili Abb. de Cruce Sancti Leutfredi Abb. Glocestrensis Abb. Gemeticensis Abb. Glastoniae Abb. Middletunensis Abb. de Grestam Abbatissa de Wincestre Abbatissa de Romesig Abbatissa Romesiensis Abbatissa de Warwelte Abb. de Lire Abbatissa de Eodem Abb. Wiltuniensis Abb. Abindoniensis Abb. Sancti Albani Abb. Sancti Petri super Divam Abbatissa de Ambresberie Abb. Malmesburiensis Abb. Creneburnensis Abbatissa Skeftesberiensis Abb. de Cernel Abb. de Abbedesberie Abb. de Sancto Wallerico Abb. de Adelingi Abb. Sanctae Trin. de Cantorberia Abb. de Hortune Abb. de Tavestoch Abbatissa de Monasterio villarum Abb. Sanctae Trin. Rothomagi Abb. de Winthelcumbe Abb. de Pratellis Abb. Sancti Stephani de Cadomo Abbatia de Evesham Abb. de Persore Abb. de Coventre Abb. de Cormelies Abb. de Eglesham Abb. de Torni Abb. de Croyland Abb. de Burgh Abb. de Berton Abb. de Eborace Willielmus filius Ansculfi Willielmus Alisius Willielmus Arcuarius Willielmus filius Azor. Goscelinus filius Azor. Gilo frater Ansculfi Ainulphus Vicecomes Albertus Theodericus Aurifaber Roger. Arundel Robertus de Albamarle Ruald Adobed Ainulphus Nigellus de Albinio Vrso de Abatot David de Argentoun Henricus filius Azor. Robertus Albus Walterus de Aincourth Goisfridus Alscelinus Osbernus de Arcis Odo Arbalistarius Norman de Adreci Ansgotus Edmundus filius Algoti Humfridus filius Alberici Aluredus Aldit Willielmus de Archis Alsi alias Elsi Rabellus Artifex Gislebertus Arbalistarius Bernardus Arbalistarius Radulfus Arbalistarius Robertus Arbalistarius Hugo Alabarle Bernardus Accipitrarius Ansgerus Eldricus Aucipiter Adelina Vxor Hugonis B WIllielmus de Braiose Willielmus de Bertram Gislebertus de Breteville Hugo filius Baldrici Willielmus filius Balderon Willielmus Belet Rogerus de Berchelai Rogerus de Belmont Serlo de Berci Hugo de Boscherberti Rogerus de Busli Robertus Bastard Aluredus Brito Nicholas Balistarius Robertus Blundus Radulfus Baignard Hugo de Bello-campo Goisfridus de Bech Goisbertus de Belvaco Maigno vel Maimo Brito Hugo de Bolebech Nigellus de Bereville Gozelinus Brito Vrso de Berseres Radulfus de Berchelai Walterus Balistarius Baldevinus Humfridus de Buivile Hugo de Berners Vxor Bosselini de Dive Robertus de Buci Drogo de Beureria Willielmus Buenvalet Ogerius Brito Rainaldus de Balgaiole Badulfus de Burun Rainerus de Bruemont alias Brunon Waldinus Brito Odo Balistarius Willielmus Blandus Heppo Balistarius Tibellus Brito Rogerus Bigotus Radulfus
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
capiemus bosoum alienum ad castra vel agenda nostra nisi per voluntatem ill us cujus Boscus ille fuerit No proper Cart of any Ecclesiastic Person or Knight or Lady shall be taken by our Officers neither shall We or our Officers or others take any other Mans Timber or Wood for our Castles or other uses unless by the consent of the Owner XL. Nos autem non tenebimus terras eorum qui convicti fuerint de Felonia nisi per unum annum unum diem tunc reddantur terrae Dominis feudorum We will hold the Land of those which are Convicted of Felony but one year and one day and then they shall be rendred to the Lord of the Fee XLI Omnes Kidelli de caetero deponantur penitùs per Tamisiam per Medewisiam per totam Angliam nisi per costam maris All Weres for the future shall be destroyed in the Rivers of Thames and Medwey and through all England unless upon the Sea-Coast XLII Breve quod vocatur Praecipe de caetero non fiat alicui de aliquo tenemento unde liber hâ—mo perdat causam suam The Writ which is called Praecipe for the future shall not be granted to any one of any Tenement whereby a Free-Man may lose his Cause or rather his Court Vnde liber homo possit amittere This Writ seems to have been such as would take the Cause or Tryal of Right out of the Lords Court where all Titles of Right were antiently Tryed and this Liber homo was a Lord of a Maner that was in danger to lose his Court by this Writ by having Tryals of Right taken from it Curiam suam in MSS. Collegii Corp. Christi Cantab. XLIII Vna mensura vini cervisiae sit per totum regnum nostrum una mensura bladi scilicet quarterium Londinense Et una latitudo pannorum tinctorum russeccorum haubergetorum scilicet duae ulnae infra listas De ponderibus vero sit ut de mensuris There shall be one Measure of Wine and Ale through our whole Kingdom and one Measure of Grain that is to say the London-Quarter And one Breadth of Dyed Cloaths and Russets and Haberjects that is to say Two Ells within the Lists and the Weights shall be as the Measures XLIV Nihil detur In the same Manuscript vel capiatur de cetero pro brevi inquisitionis ab eo qui inquisitionem petit de vita vel membris sed gratis concedatur non negetur Nothing shall be given or taken for the future for a Writ of Inquisition from him that desires an Inquisition of Life or Limbs but it shall be granted gratis and not denyed XLV Si aliquis teneat de nobis per feudi firmam vel socagium vel bungagium de alio teneat terram per servitium militis nos non habebimus custodiam haeredis vel terrae suae quae est de feudo alterius occasione illius feudi firmae vel socagii vel Burgagii nec habebimus custodiam illius feudi firmae vel socagii vel burgagii nisi ipsa feudi firma debeat servitium militare If any one holds of us by or in Fee-Farm Soccage or Burgage and holds Land of another by Military Service We will not have the Wardship of the Heir or Land which is of or belongs to another Mans Fee by reason of what he holds of us in Fee-Farm Soccage or Burgage Nor will we have the Wardship or Custody of that Fee-Farm Soccage or Burgage unless the Fee-Farm is bound to perform Military Service XLVI Nos non tenebimus custodiam haeredis vel terrae alicujus quam tenet de alio per servitium militare occasione alicujus parvae Serganteriae quam tenet de nobis per servitium reddendi cultellos vel sagittas vel hujusmodi We will not hold the Wardship of an Heir or any Land which he holds of another by Military Service by reason of any petit or small Serjeanty he holds of us by the service of giving us Daggers or Arrows or the like XLVII Nullus Ballivus ponat aliquom de caetero ad legem nec â—d juramentum simplici loquela sua sine testibus fidelibus ad hoc inductis No Bayliff or Officer for the future shall bring any Man under the Sentence of the Law nor to his Oath i. e. Purgation or Canonical Purgation by his Oath upon his single Accusation or Testimony without Credible and honest Witnesses produced to prove it XLVIII Nullus liber homo capiatur vel imprisonetur aut disseisietur de aliquo libero tenemento suo vel libertatibus vel liberis consuetudinibus suis aut utlagetur aut exulet aut aliquo alio modo Q. Whether not destruatur destituatur nec super eum ibimus nec eum in carcere mittemus nisi per Legale judicium parium suorum vel per legem terrae No Freeman shall be taken or imprisoned or disseised of his Free Tenement or Liberties or Free Customs or Out-lawed or Banished or any way destroyed nor will we pass upon him or commit him to Prison unless by the Legal Judgment of his Peers or by the Law of the Land i. e. by Legal Process c. XLIX Nulli vendemus nulli negabimus aut differemus rectum vel justitiam We will not sell to any Man we will not deny any Man or delay Right or Justice L. Omnes Mercatores nisi publice prohibiti fuerint habeant salvum securum There wants the word Conductum exire de Anglia venire in Angliam morari ire tam per terram quam per aquam ad emendum vel vendendum sine omnibus toltis malis per antiquas rectas consuetudines praeterquam in tempore Werrae si sint de terra contra nos Werrina All Merchants unless they be publickly prohibited shall have safe and secure Conduct to go out of and come into England and to stay there and pass as well by Land as by Water to Buy and Sell by the antient and allowed Customs only without any Male-tolts i. e. Illegal Exactions except in Time of War or when they shall be of any Nation in War with us LI. Et si tales inveniantur in terra nostra in principio Warrae attachientur sine damno corporum vel rerum donec sciatur à nobis vel à capitali Justitiario nostro quomodo Mercatores terrae nostrae tractentur in terra contra nos Werrina Et si nostri salvi sint ibi alii salvi sint in terra nostra And if there be found such Merchants in our Land in the beginning of a War they shall be attached or secured without Damage to their Bodies or Goods while it may be known from us or our Chief Justitiary how our Merchants are dealt with in that Nation in War with us and if ours be safe there they shall be safe in our Land LII Liceat unicuique de
the Enemies of the Church sent Ambassadors to Philip King of France and called to him Geofrey Martell Earl of Anjou and Manfully Chastised the Enemies of the Church In the year 1106 in the [8.] Ibid. fol. 818. C. D. He attempts the Conquest of Normandy Spring King Henry went again into Normandy with design to take it from his Brother Robert and having Hired Elias Earl of Main and his Forces besieged the City Bayeux of which Gunter Dauney was Governor he went out to the King and delivered to him Robert Fitz-Haymon whom he had taken Prisoner some time before but would not deliver the City He burns the City of Bayeux forthwith the King attempts fires and burns it to the ground took the Governor and Garison Prisoners The Governors of other places were much affrighted at the destruction of this City and the People of Caen the King marching to them Caen yields to him sent to him and yielded upon Summons expelling Engeran Fitz-Ilbert their Governor For this Service the King gave to four of the chief Citizens Dalington in England worth Fourscore Pounds per Annum From hence he proceeds to Falais but had not the same success Falais beats off his Army having been beaten off by the Garison In the mean time [9.] Malms f. 88. b. n. 40 50. William Earl of Mortain demands the Earldom of Kent William Earl of Mortaigne Son of Robert the Kings Uncle not content with two Earldoms that in Normandy and Cornwall in England demanded of the King the Earldom of Kent which his Uncle Odo sometime held who not only refused what he asked but by Judicial Proceeding took from him what he held The King takes from him the Earldom of Cornwall without right For this being in great fury with the King he went into Normandy [1.] Ib f. 89. a. n. 10. He joyned himself to the Duke and Robert de Belism and joyned himself to the Dukes Party and with Robert de Belism and others firmly adhered to him and with Fire and Sword prosecuted King Henry's Friends for which he took away from him all he had in England and levell'd his Castles with the Ground [2.] Ord. Vit. f. 819. D. 820. A. B. The King streightens Tenerchebray And a while after gathered some Forces together in Normandy built a Fort near his Town of Tenerchebray now Tinchebray and put a Garison into it with intention so to streighten it as to make it yield Notwithstanding William being a stout young Man with some Companies of Soldiers relieved it at which the King was much angry and calling together his Army laid Siege to the Town whereupon Earl William sollicited the Duke Robert de Belism The Duke c. endeavours to relieve it and other his Friends for Assistance to raise it and he obtained it There were with the Duke besides these two great Earls Robert de Stoteville William de Ferrariis and many others with their Forces The King had with him Elias Earl of Main William Earl of Eureux Robert Earl of Mellent William Earl of Warren and these great Barons Ranulph of Bayeux Ralph de â—onches Robert de Monteforti and Robert de Grentmaisnil and many others with their Clients There were more Knights or Horsemen on the Kings Party and most Foot on the Dukes Before this place they came to a Battle The Battle of Tenerchebray The Dukes Army routed wherein the Dukes Army was routed The particulars of which Victory will appear in King Henry's Letter to Arch-Bishop Anselm which will be presently mentioned The disagreement in Chronology between the English and Norman Monks As to the certainty of the time of these Transactions neither the English or Norman Monks do exactly agree one with another but certain it is that King Henry plied between England and Normandy according to the exigency of Affairs [3.] F. 80. â—in 1. Eadmer reports that he was in Normandy in the year 1104. and almost subdued all of it the People having a mean Esteem of his Brother and that almost all the great Normans presently upon his coming despising their Lord the Duke quitting their Faith they ought him ran after the Kings Gold and Silver and delivered him Cities Castles and Towns [4.] Ibid. fol. 83. n. 20 30. But not being at that time able to Conquer the whole Dukedom he returned into England that he might furnish himself with Money sufficient to subdue what remained under the power of his Brother King Henry used strange ways for raising Money and so totally disinherit him In the Collection of this Money new ways and strange Exactions were used new and unheard of Forfeitures were invented which reduced the People to great Misery not daring to plead against the King and such as would or could not pay were imprisoned and tortured [5.] Ibidem fol. 84. lin 3 4. n. 20. These Exactions fell hard upon the Clergy by which he lost their good opinion and brought an odium upon [6.] Fol. 85. n. 10. himself He observing these things hastned his Reconciliation with Anselm who coming into [7.] Ibid. fol. 89. n. 40. f. 90. n. 10. King Henry gives Anselm an Account of his Victory of Tenerchebray England the King wrote to him a Letter of his Victory at Tenerchebray in which he tells him that Robert Earl of Normandy with all his Troops of Horse and Foot that he could either by Intreaty or Money get together at an appointed time fought sharply with him before Tenerchebray That he had beaten him with small loss on his side and that Divine Mercy had given into his hands the Duke of Normandy The Particulars of that Victory Vsque ad 400 Milites 10 Millia peditum and Earl of Mortain William Crispin William Ferrers Robert Stotevile the elder and others to the number of 400 Knights or Horsemen and Ten thousand Foot together with Normandy it self [8.] Ibid. fol. 90. n. 20 30. Robert Duke of Normandy sent Prisoner into England Many ascribed the obtaining of this Victory to the Peace he made with Anselm after which having settled his Affairs there sending before him the Duke and Earl of Mortain in safe Custody he returned into England a while after [9.] Malms f. 89. a. n. 30. This Battle was fought the day before Michaelmass-day In the [1.] Ord. Vit. f. 822. A. A great Council called in Normandy middle of October the King came to Lisieux Convened all the Optimates or Chief Men of Normandy and held a most profitable Council for the Church of God wherein he Decreed by Royal Sanction That there should be firm Peace kept throughout all the parts of Normandy That all Rapacities Robberies and forcible Entries and Warlike Invasions upon Estates being suppressed all Churches might enjoy their Possessions as they did the day his Father died and that other Lawful Heirs might possess theirs He took into his own possession all his
Fathers Lands and Lordships which his Brother had squandered away King Henry reassumes all his Fathers Lands in Normandy and by the Judgment of Wise Men he made those Gifts void which by imprudence had been bestowed upon ungrateful Persons He sent his Prisoners taken in the Battle into England and kept William Earl of Mortain and Robert de Stoteville in perpetual Prison and some others being inflexible notwithstanding he was importuned by Petitions Promises and great Offers yet could not be softned into a yielding temper Mat. Paris [2.] Fol. 61. n. 40. writes That King Henry passed over into Normandy with design to fight against his Brother the Duke in the year 1105. and Conquered Caen and Bayeux by the Assistance of the Earl of Anjou he should have said Main and many other Castles and that most of the Principes or chief Men of Normandy yielded themselves to him But in the [3.] Ibidem n. 50. same year he returned into England to recruit his Army that he might go back with a greater force In the year 1106. [4.] Ibidem Robert Duke of Normandy came to his Brother at Northampton requesting he might be restored to his Grace and Favour But God says the Monk consented not to an Accord between them yet Henry was smitten with the sense of a Cauterized Conscience in obtaining the Kingdom and began within himself to fear an Insurrection as it had been privately told him and the fulmination of Gods Judgments against him [5.] Ibid. fol. 62. lin 4. because he had usurped upon his elder Brother who had manifest Right to the Kingdom which he had too unjustly taken from him But fearing Men more than God he first bound the Noblemen to him by crafty Speeches and subtil Promises which in the end he * Ibid. n. 20. impudently violated [6.] Ibidem lin 6. Robert de Belism escaped from the Battle Thinking afterwards by the Foundation of an Abby to satisfie God for so great a Crime And then follows a confused Story of the Preparation to and Battle it self before mentioned From which Robert de Belism the Kings Mortal Enemy escaped by flight [7.] Ord. fol. 822. B. And would have brought the Earl of Main from the King and endeavoured to bring Elias Earl of Main off from the King by whose help he designed to restore Duke Robert again but finding him not to be drawn off [8.] Ibidem fol. 823. A. he then used him as a means to make his Peace with the King Robert de Belism is restored to his Paternal Inheritance which was granted and he was restored to Argenton Castle in the Bishoprick of Seez and all that was his Paternal Inheritance It fared not so well with Robert de Monteforti [9.] Ibid. C. An. Do. 1107. for King Henry called together his Proceres or great Men and impleaded him for breach of Faith having favoured the Dukes Title whereupon knowing himself guilty he got leave to go to Jerusalem and left all his Lands to the King And having thus subdued Normandy [1.] Ibidem fol. 831. D. An. Do. 1107. A great Council in Normandy by War he often called the Magistrates or Governors of the People to Court and both with fair words and threats moved them to behave themselves as they ought to do In the Month of January there was a Convention of the Proceres or Noblemen before the King and in [2.] Ibidem fol. 832. A. Another in which many necessary Laws were made March he held a Council at Lisieux and made necessary Laws to govern the People under him by the Consultation of the Magnates or great Men. And by his Royal Power having allayed the Tempests he easily kept Normandy in subjection [3.] Ibidem fol. 833. B. King Henry returns to England And thus prudently disposing the Affairs of that Country he went into England Where by the [4.] Eadm f. 49. n. 10 20. He redresseth many evil Practices there And punisheth them by pulling out of Eyes cutting off Hands and Feet c. Advice of Arch-Bishop Anselm and the Proceres or Noblemen of the Kingdom he redressed several evil Practices and began with his Court first It was usual in the time of his Brother that the Multitude which followed the Court committed wast and spoil wherever they came without controul and behaved themselves rudely towards the Wives and Daughters of the Country Men and others so as they fled from their Habitations upon the approach of the Court For Remedy whereof he Ordained by publick Edict That whoever was proved guilty of any of these Practices should have his Eyes pulled out or his Hands Peer or other Members cut off Which piece of Justice being executed in some deterred others from the like Offences He [5.] Ibidem n. 30 40. Coyners of false Money to have their Eyes pulled out c. also took notice what a great Grievance false and corrupt Money was to the Nation and Decreed That every one without Redemption that Coyned false Money should have his Eyes pulled out or be Emasculated Henry [6.] Ord. Vit. fol. 837. D. An Do. 1108. Henry endeavours to get William the Son of Duke Robert into his Custody thus Established in the Dukedom of Normandy and having his Brother Robert Prisoner in England by Advice of his Privado's Commanded his Son William whom he had for his Education committed to the Care of Elias de Sancto Sidonio should be taken into Custody and appointed Robert Beauthamp Viscount of Arches to do it when he came to the Castle of Elias the young Prince had made his escape whereupon he seized the Castle to the Kings use who gave it to William de Warrenna [7.] Ibidem fol. 838. A. His Tutor Elias carried him through many Countries and shew to many Persons the Elegancy of his Person and Excellency of his Parts moving the Affections and Compassion of all toward him Many of the Normans favoured him and wished he were in possession of the Dukedom by which they offended the King and rendred themselves suspected to him Especially [8.] Ibidem Robert de Belism who thinking upon the Affection and Kindness he had for the Duke and what Power he enjoyed under him above the greatest of the Normans Endeavours to set up William Son to Duke Robert endeavoured what he could to set up his Banished Son [9.] Ibid. B Robert and Elias consulted about this Affair and sollicited Lewis King of France William Duke of Poictou Henry Duke of Burgundy and Alan Prince of Britain and other powerful Governors of Countries to afford him Assistance At length [1.] Ibidem Fulke Duke of Anjou * Gemet lib. 8. C. 34. B. who had Married the Daughter and Heir of Elias Earl of Main promised him his Daughter Sibyl and with her the Earldom of Main and for a while gave him great encouragement But King Henry by Craft and Industry by fair