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-Church-lands were held Burgage as the Lands in
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
ad Geld. Ibi modo in Dominio ii Car. xxvii Sochmani de ii Car. iii Bovat hujus Terrae viii Villani xx Bordar habentes xiv Caruc In Colingham the Abbat of Peterburgh hath four Carucates of Land which he Rents out There are now in Demeasn two Carucates and twenty seven Socmen that have two Carucates and three Bovates of this Arable and eight Villans and twenty Bordars that have fourteen Carucates In this Shire the Entries of the ordinary Inhabitants throughout are in Dominio Socmen Villans Bordars as in Derby shire The Socmen generally held small parcels of Land as half a Carucate a Bovate c. Roteland scire as Snotingham-scire Eurvic scire In this [6] See Domesday for this Title Shire the Entries are generally as to Persons in Dominio sunt Villans Bordars Sochmen And habet as Rex habet Servants Socmen Villans Bordars seldom any others except as before excepted in Kent Sussex Surrey c. In all Counties of England whose Land soever it was whether it was the Kings Land Church Land or possessed by Earls Barons Knights or other Military and Secular Men in every Town and place these sort of Men were the * Note That whereas 't is said in the Glossary to my Introduction c. That in every Leaf and almost every Entry upon that Leaf in Domesday Socmen and Freemen were to be found it proves a mistake for upon a second and third perusal of the great Book especially the Persons and Inhabitants of Towns and Villages were such as I have here noted in every County Inhabitants and those that occupied used or managed the Land under the Owners of the Towns or Lords of Maners who held of the King immediately or mediately as appears by this Survey or great Record By which it is most evident that most of the Lands in England were holden by Military Service or Serjeanty and in Villanage of those Military Tenants and Tenants in Serjeanty For all these Persons of divers Denominations which afterwards received other and fewer names were but several sorts of Villans as will hereafter appear in the Glossary and held their Lands by Base and Servile Tenures There was at the time of making the Survey no Free Socage if there had it would have been entred as the Land holden in Alodio was for Hidage-sake Nor Frank Free that is Land holden without performance of any Service such as we now call most of our Free-holds unless some small parcels that belonged to some Parish Churches especially in Suffolk which is called Terra libera or Burgage-tenure or the Land holden in Alodio in King Edwards time or afterwards was such of which there is here and there a Town or Maner a Hide or Carucate c. so holden in the Survey I will give one Instance of it Hantescire [7] Domâ—sday f. 50. a. Col. 1. Tainorum Regis ALwi filius Saulf tenet de Rege Tederleg Pater ejus tenuit in Alodio de Rege Edwardo Tunc modo Geld. pro iii Hid. Terra est iv Carucat in Dominio sunt Duae ii Villani et ix Bordar cum ii Caruc ibi ii Molin de xxvii sol et vi d. et xxvi acr prati Silv. de xxx Porc. valuit lx sol modo xl Alwi the Son of Saulf holds Tederley of the King his Father held it as Alodium Frank Fee or free-Free-land Then and now it was and is taxed for three * Alodium always paid Hidage as other Land See Alodium in in the Glossary to my Introduction f. 1. Hides The Arable Land is four Carucates there are two in Demeasn and two Villans and nine Bordars with other two There are two Mills Rented at 27 s. 6 d. and twenty six Acres of Meadow Wood for thirty Hogs it was worth sixty Shillings now forty This Alwi was one of the Kings ordinary Thanes or Servants and held this Town in Serjeanty which might be consistent enough with the Tenure in Alodio and such Lands are now reputed Free-hold but these were not in the hands of Socmen Villans Bordars Cotars Servants and the like Nor were many of them in their own hands as we may phrase it or in their own Power for such as were in Dominio and in most places it was so were the Lords proper Men wholly under his Power and Disposal both in Body and Goods except Life and Death and were fixed to the Maner so as they could not remove themselves out of the Precincts of it without his leave These sort of Men Ingulph in the Latin Version of King Edreds Charter to the Abbats and Monks of Croyland calls Nativi a word afterwards used with us the worst sort of Villans and Bondmen Et praecipio quod omnes homines Fugitivi quos iidem Monachi Testimonium Quatuor vel quinque hominum fide-dignorum coram vicecomite in Patria in qua tales manent possunt Assidare suos nativos esse reducantur per eundem vicecomitem in Abbathiam eorum cum omnibus catallis sequelis eorum omnium Reclamatione Reluctatione abinde remota annullata And I command that all Fugitives which the Monks and four or five Credible Witnesses can prove were their Natives that is born Bondmen before the Sheriff of the County where such Fugitives are they shall be brought or sent back to the Abby with all their Goods and Children without Let or Hinderance of any Man This Charter bears date in the year 988 and shews the Condition of Bondmen in the Saxon Times and hereafter we shall see what they were after the Conquest when their names were changed as by the Glossary will more at large appear to which I shall refer the Reader for the knowledge of their Condition likewise and how many ways that might be bettered and changed shall be our next Inquiry These Bondmen or People of servile Condition might and did procure the Freedom of their Persons [9] Glanvil lib. 5 c. 5. several ways First by the favour of their Lord or Patron if he released their Bondage for him and his Heirs The first of obteining Freedom or did give or sell him to another to be released But no Bondman could purchase his Liberty with his own Money if he did his Lord might by the Law and Custom of the Land bring him back again into villenage because all his Goods and Chattels were his Lords or so in his Power that with them he could not redeem himself But if a Stranger would Purchase him with his own Money and make him Free then he might for ever defend his Liberty against his Lord and plead his Release by Chart that is his Deed in Writing or by any other way the Law allowed and Tryal by Duel was allowed in this Case after he was a Freeman if any one that saw him made Free would be his Champion and come into Court and assert and prove his Liberty by his Body Yet [1] Ibid.
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.
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
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
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
was Lord also near Renâ—es Guader the Earldom of Northwic or the East-Angles To Hugh de Grentmesnel he gave the Town of Leicester and to many other Noble Persons he distributed many Cities and Towns Ralph Guader had Norff. or the East-Angles c. with great Power and Honours (f) He was Son of Guachelm de [1.] Ibidem 522. B. Hen. de Ferrariis who he was Ferrariis and though no Earl at the time of the Survey he had then 176 Lordships Maners or Farms besides Tutbury Castle [2.] Domesday-Book in several Counties whereof in Darbishire 114. To Hen. de Ferrariiis the Castle of Tutbury and to many Strangers and others of mean Quality Odo Earl of Kent he gave many and great Honours insomuch that they had here in England Clients and Dependants far richer and more powerful than their Fathers were in Normandy His Brother Odo by the Mothers side received from him the Earldom of Kent [8.] Ord. Vit. 522. D. was a Count Palatine and gave Laws as Viceroy or [9.] Ibidem second King and was Justiciary [1.] Justiciary of England of England the chief Man for Administring Justice under the King and after the death of William [2.] Malms 62. b. n. 53. Fitz-Osbern he was Vice-Dominus or Vidame of all England under the King Besides those in Kent [3.] Domesd in the several Counties Odo had 439 Lordships of the Gift of his Brother where he had 184 Lordships or Farms he also had in Essex 39 in Oxfordshire 32 in Hertfordshire 23 in Buckinghamshire 30 in Worcestershire two in Bedfordshire eight in Northamptonshire 12 in Nottinghamshire five in Norfolke 22 in Warwickshire six in Lincolnshire 76 in all 439. To [4.] Orderic 523. A. Geofry Bishop of Constance had 280 Lordships Geofry Bishop of Constance in Normandy who was often his Lieutenant-General after the Battle of Hastings he gave 280 Maners which he left to his Nephew Robert Molbray made Earl of Northumberland by William the Conqueror [5.] Hoveden 243. b. n. 47. after the death of Walcher Bishop of Duresm who had the Government of it Robert also Earl of Moreton in Normandy and by his Mother Brother to William had the Earldom of [6.] Malmsb 88. b. n. 46. Cornwall given him and in that 248 Maners [7.] Domesd in the several Counties Robert Earl of Moreton in Normandy and Cornwall in England half Brother to William had 793 Lordships of his Gift The Earl of Richmont in Sussex 54 and the Burrough of Pevensey in Devonshire 75 and a Church and House in Exceter in Yorkshire 196 in Wiltshire five in Dorsetshire 49 in Suffolke 10 in Hantshire one in Cambridgeshire five in Hertfordshire 13 in Buckinghamshire 29 in Gloucestershire one in Northamptonshire 99 in Nottinghamshire six in all 793. And now while I mention these Earls and their Possessions I shall be somewhat more large in the Account I give of these two following that in some measure the Power and Authority of the Earls in those days may appear And first I shall take notice of [8.] Vincent fol. 57. Alan Fergant Earl of Britane in France whose Grandmother Hawis was Great Aunt to William the Conqueror This [9.] Ord. vit fol. 544. C. Alan Married Constance Daughter to King William to [1.] Ex. Reg. Honor. de Richmond in Bibl. Cotton sub Effig Faustini B. 7. fol. 7â— whom in the third year of his Reign at the Siege of York he gave all the Lands of Earl Edwin in Yorkshire in these words [2.] Ibid. Cambden in Richmondshire The Conquerors Grant to the Earl of Brittain Ego Gulielmus cognomine Bastardus Rex Angliae do concedo tibi (g) He Married the Conquerors Daughter Constance but why he called him his Nephew I know not Nepoti meo Alanâ— comiti Brittaniae haeredibus tuis in perpetuum omnes villas terrâ—s quae nuper fuerunt Comitis Edwini in Eborascirâ cum feodis militum Ecclesiis aliis libertatibus consuetudinibus ita liberè honorisicè sicut idem Edwinus eadem tenuit data obsidione coram Civitate Eboraci That is I William Surnamed Bastard King of England give and grant to thee my Nephew Alan Earl of Brittain and thy Heirs for ever all those Towns or Villages and Lands which were lately Earl Edwins in Yorkshire with Knights Fees and Churches with other Liberties and Customs as freely and honourably as the same Edwin held them Dated in the Siege before York These Lands when given were [3.] Ibid. in Registro de Richmond Gildable that is paid a Rent Tax or Custom to the King but by his favour they were changed into a Liberty or (h) Honour was feodum Nobile beneficium Regale An Honour what it was The general practice of the Normans in building Castles for their own safety in these ancient times granted by the King for great Services done or to be done it was the same sometimes with the Parony or Earldom it self sometime it signified the Jurisdiction of them and other some the Capus Baronia the chief Seat Castle or place of Residence of the Earl or Baron and was never then attributed to small Baronies Honour which was the Northern part of Yorkshire now called Richmondshire Being possessed of these Lands he built a Castle [4.] Ibidem Richmont Castle built Why so called and (i) This was the general practice of the Normans to whom the Lands of the English were given especially of the great ones and of the Conqueror himself who was at vast Expences in building very many Castles Place of Strength by his Capital Mansion of Gillings for the defence and safety of his People and Tenents against the English and Danes then thrust out of their Estates and Inheritance and named it Richmont according to the French denomination which signifies Rich-Mount or Hill it being situated upon the highest and most pleasant part of all that Territory For the guard and security of this Castle It was Guarded by the Earls Tenents his chief Tenents had their several Places assigned them and had several Knights Fees given them for their Service thus set down in the Register or Book of Richmond in Cottons Library Placea Ranulphi fil Roberti in Castro Richmond ad Capellam Sancti Nicholai six Knights Fees The Establishment of the Guard of Richmont Castle Ibidem inter feoda Militaria He had six Knights Fees This and the rest I shall render in English as there mentioned The place of Ranulph Fitz-Robert in the Castle of Richmond by the Chappel of St. Nicholas The place of the Constable in the Keep Ibidem inter feoda milit he had six Knights Fees and an half The place of Brian Fitz-Alan in the great Hall of Scouland He had four Knights Fees and a sixth part He had three Knights Fees and a sixth part The place of Torphin Fitz-Robert of Manfield between
the Kitchin and Brew-House He had three Fees and a sixth part The place of Ralph Fitz-Henry on the West part of Scouland Hall He had three Fees and an half The place of Conan Fitz-Helias by the Keep on the East side without the Wall He had two Fees and an half The place of the Chamberlain on the East part of Scouland Hall by the Oven He had two Fees The place of Tho. de Burge on the West part of the great Chappel by the Cannons in the Wall He had in this part of the Honour of Richmond in Yorkshire [5.] Ibid. b. 68 Knights Fees and an half and had here at the time of the Survey 166 Lordships Maners or Farms in Dorsetshire one in Essex eight The Earl of Richmont had 442 Lordships of the Gift of the Conqueror in Hantshire two in Cambridgeshire 63 and ten Burgages or Dwelling-Houses in Cambridge in Hartfordshire 12 in Northampton one in Nottinghamshire seven in Norff. 81 in Lincolnshire 101 in all 442. All his Tenents ought Suit and Service to his Court and for this Honour and under the Title thereof there were Courts kept for the Tenents of it several Counties every three weeks and are kept to this day in Norff. And the Jurisdiction of these and the like Courts usually extended no farther than to some Personal Actions between the Tenents and such matters as appertained to the Lands belonging to the Honour Tenents bound to Castle-Guard and most probable it was that all these Tenents of these Lands as also in all other Fees where the chief Seat or Head of them was a Castle did watch and were bound to Castle-guard at appointed times as may be gathered from what will be said next concerning the Earls of Chester The first [6.] Ord. Vit. fol. 522. A. whereof was Gherbod a Flemming made Earl by William Anno Dom. 1070. who going upon an Expedition into Flanders fell into the hands of his Enemies and was there detained Prisoner all his Life upon whose restraint the Conqueror created (k) He was Son of Richard [1.] Gemet lib. 7. cap. 6. Hugh Earl of Chester who he was Surnamed Goz Vicecomes de Abrincis or Viscount of Auranches in Normandy whose Father was Thurstane [2.] Ibidem Surnamed Goz Son of Anfrid a Dane Hugh de Abrincis Earl of Chester who with (l) He was Son of [3.] Ord. Vit. 669. C. Robert Roelent how he was Humfrid de Teliolo who was another Son of Anfrid the Dane and Governor of the Fortress the Conqueror erected at Hastings This Robert was Cousin German to [4.] Ibidem B. C. Richard de Abrincis Father to Hugh Lupus Earl of Chester and was Commander in Chief at the Siege of Rochester Castle Robert Roelent and Robert de Malo Passu and others shed much Welsh Blood [7.] Ibidem he was a Man of great Note amongst the Normans at that time and an expert Soldier and therefore placed here to restrain the Incursions of the unconquered Welsh This Earldom was given to hold as freely by the Sword as the King held England by the Crown 'T is commonly storied he had several [8.] Monast Angl. vol. 1. p. 202. Barons under his Jurisdiction but whether they were so or not there were many that held great Estates of him and had shares and Commands in the Government of this petty Kingdom amongst whom these were chief Robert Fitz-Hugh [9.] Domesday in Cestreshire where all the Places are named Barons or reputed Barons of Cheshire whose Seat was at Depenbach now called Malpas who held of him 31 Maners part of Maners or Towns William de Maldebenge whose Seat was at Wickmalbanc now called Nantwich held 47 Maners c. William Fitz-Nigell called sometimes Constabularius had his chief Seat at Heleton now Halton Castle and held of him 29 Maners c. Richard de Vernon whose Seat was at Shipbroc held of him 17 Maners c. Hugo de Mara held 14 Maners c. Hamo de Masci whose Seat was at Dunham commonly called Dunham-Masci held 10 Maners c. Bigot de Loges held 12 Maners c. Gilbert Venator or de Venables whose Seat was at Kinderton held 19 Maners c. Robert de Roelent whose Seat was Roelent or Ruthelan Castle in Flintshire from whence he had his Surname held 16 Maners c. This Robert was General to Earl Hugh Robert Roelent General to the Earl of Chester who for fifteen years together checked the Welsh and dayly gained upon them and enlarged the Conquerors Territories [5.] Ibidem but at last after many sharp Conflicts and bold Adventures hazarding himself too far with no more than one Soldier he was unhappily slain He held North-Wales in Farm of King William at the Rent of 40 l. per Annum [6.] Domesday in Cestreshire besides Ross and Rewinioc extending twelve Miles in length and four in breadth which he held in Fee After this manner William placed several others in other parts of the Borders of Wales giving them great Possessions in Land These Earls of Chester had all Royal Officers and in State differed very little from Kings Earls had their great Officers of State As will be shewn more at large concerning Earl Ranulph in the Reign of King Stephen in whose time he lived All other Earls likewise had their great Officers of State though they lived not in the same Magnificence as these Earls Palatine did The manner of Investiture of an Earl and the manner of Investiture into that Dignity then was by girding them with the Sword of the County as [7.] Fol 154. l. 54. Mat. Paris observes Earls as also [8.] Spelm. Glossar verb. Baro. Earls and Barons had generally Castles c. Barons in these times had every one their Castles very well fortified and endowed with many Priviledges which were called the Head of their Baronies And thus much shall suffice to shew the grandeur of the Nobility under William which continued many Ages after him From this Digression I return to the History it self [9.] Sim. Dun. Col. 203. n. 50. A D. 1071 William the Conqueror invades Scotland King Malcolm submits William having settled England in quiet invaded Scotland by Land and Sea with design to subject it to his Government for that King Malcolme had grievously offended him and the year before had entred England and cruelly wasted the Borders thereof with Fire and Sword But so soon as he had entred Scotland King Malcolme met him at a place called Abernithi yielding to him and held his Kingdom as in subjection to him At his return William displaced [1.] Ibidem Col. 203 n. 10. Gospatric from the Earldom of Northumberland and gave it to Waltheof the Son of Earl Siward About this time the County of Main [2.] Ibidem Col. 205. n. 40. The County of Main revolts and is reduced revolted from William who went over
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
July following he returned again to Court and was reconciled to the King upon the payment of 2000 Marks About this time [3] fol. 815. n. 10. Ethelmar's Election confirmed by the Pope The Pope's unreasonable Message to to King Henry Ethelmarus the Kings Brother by the Mothers side was by the Pope approved of and confirmed in the Bishopric of Winster At the same time the Pope sent to the King to make a yearly allowance of 500 Marks for the maintenance of the Duke of Burgundy's Son a Young Child This year Wales was [4] fol. 816. n. 10. Wales receiveth the English Government and Laws wholly subdued and received the English Laws and that part of it which Borders upon Cheshire was committed to the Government of Alan de Zouch who answered to the King 1100 Marks by the year About this time [5] fol. 817. n. 50. fol. 818. lin 1. The Pope violateth his own Indulgence granted to the English the Pope sent [5] fol. 817. n. 50. fol. 818. lin 1. The Pope violateth his own Indulgence granted to the English John de Camecava his Nephew and Chaplain into England with Letters to the Abbat and Convent of St. Albans commanding them to confer upon him the Parsonage of Wendgrave or any other Benefice that belonged to their Patronage if desired by the above Named John when it became voyd notwithstanding that Indulgence or Priviledge lately granted to the English that Benefices of Roman Clerc's that should become vacant either by Cession or Death should not be conferred on any Italians After that Simon Montfort Earl of Leycester [6] fol. 825. n. 50. The Earl of Leycesters success against the Rebellious Gascoigns had by various successes against the Rebels in Gascoigny broken their strength and had taken Chastellion a Castle of great importance to them and their common refuge He together with his Wife and [7] fol. 828. lin 1. He returned into England with Guido the Kings third Brother Earl Guido de Lusignan the Third Brother of the King by the Mothers side Landed at Dover in November When the King had Notice of it He commanded his Great men and Citisens of London to receive his Brother with all solemnity and signs of joy And after he had supplied his wants by the Kings bounty he returned home plentifully furnished with Riches A. D. 1252. In the year 1252. King Henry kept his [8] fol. 829. n. 10 20 30. Margaret the Kings Daughter is married to Alexander King of Scots Christmass at York because his Daughter Margaret being now of full age was to be solemnly marryed to Alexander the Young King of Scots And for the more glorious celebration of these Nuptials there met a very great confluence of the Clergy and Nobility not only of England and Scotland but several from France On Christmass day King Henry Knighted Alexander King of Scots and the next day very soon in the Morning He was Married to the Kings Daughter [9] Ibid. n 50. He doeth Homage to King Henry for lands held of him King Henry requires his homage for the Kingdom of Scotland The King of Scots Answer Then He did Homage to the King of England for Lowthian and some other Lands he held of him and after that It was demanded that he should do the same Homage and Fidelity to his Lord the King of England for the Kingdom of Scotland as his Predecessors had formerly done To which the King of Scots replyed That he came thither in a peaceable manner and by Marriage of his Daughter to unite himself more close to him but not prepared to give an Answer to such hard Questions for he had not consulted his Nobility about so difficult an Affair When the King heard this modest reply he would not press him any further at present lest the designed mirth and jollity of the Nuptial Solemnity should be thereby disturbed Soon after the Pope [1] fol. 83. n. 50. The Pope sollicite's King Henry to assist the King of France wrote to the King to hasten his preparation for the Holy Land to prosecute the Vow he lay under and give what Ayd and Relief he could to the King of France And if He would not go in person not to hinder others who stood obliged by the same Vow The King to shew his readiness to answer the Popes request took great quantities of Money from the Jews nor were his Christian Subjects spared In the Spring following the [2] fol. 832. n. 30 40 50. The Gascoigns accusation against the Earl of Leycester He pleads his innocency and Merits before the King He is again sent into Gascoigny He executes his Malice and revenge on his Accusers Noblemen of Gascoigny sent over their complaints to the King against Simon Earl of Leycester accusing him of Vnfaithfulness and Treachery When the Earl heard of what was laid to his charge He went to the King and pleaded his Innocency and wondred he should give more Credit to his Rebellious Gascoigns than to him who had given such proofs of his Fidelity To whom the King replied That if he were Innocent a strict inquiry would render him the more Eminent The Earl being calmed and humbled by this Answer of the Kings was again furnished with Money for his return into Gascoigny which he hastened as much as possible that he might execute his Malice and revenge on those that had accused him to the King And He did it with such rigor at his return that all Gascoigny had [3] fol. 833. lin 4. revolted from their Allegiance to the King of England and sought out a New Lord could they have found any other Country to have sold their Wines with such advantage to themselves Soon after the Great men of Gascoigny agreed to send [4] 836. n. 10. The Gascoigns repeat their complaints against him to the King solemn Messengers to the King of England to acquaint him how his faithful Subjects in that Country were inhumanely treated by the Earl of Leycester and drew up the charge or Accusation against him which was Testified by the Seals of their Cities Great men Castellans and Bayliffs And this was carried to the King by the Archbishop of Burdeaux and several Great men [5] Ibid. n. 30. who landed in England about Whitsuntide and found the King at London before whom they laid a lamentable [6] fol. 838. n. 40 â—0 The King not very ready to credit them complaint of the Treachery and Tyranny of the Earl of Leycester The King would not give a hasty belief to their complaints because he had found them Traytors when he was in Gascoigny But waited till the return of Nicholas de Molis and Drâ—gâ— Valentin whom he had sent thither to enquire into the Truth of their accusation At their Return they [7] fol. 836. n. 40 50. reported to the King that they found some had been inhumanely treated by the Earl but as they believed according
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
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
be written of their Laws Customs and Usages than what hath been [1] f. 67.68 c. Of the Saxons and what the condition of the ordinary Saxons was before the Conquest said in the First part of that History yet seeing all men of the long Robe that do industriously write of or incidently meet with them when they write of other Things and in their Coments upon Magna Charta and some other Old Statutes do magnifie and cry up the Liberties and Freedom of the Ordinary People under the Saxon Kings to such a Degree as makes them all Petty Princes or at least Sharers in the Government and that the Common Historians do report the same things of them I shall from Authentic and undeniable proof out of Domesday Book shew them what Really their condition was before and after the Conquest Essex [2] Little Domesday Book which conteins only Essex Norfolk and Suffolk f. 1. b. Tâ—e same Sorts of men and of the same denomination before the Conquest as afterward Terra Regis Hundret de Berdestapla BEnflet Tenuit Haroldus Tempore Regis Edwardi pro uno Manerio pro octo Hidis modo Custodit hoc Manerium Ranulphus frater Ilgeri in Manu Regis Tunc xii Villani modo xxi semper vi Bordarii Tunc tres servi modo tres iij Carucatae in Dominio modo ij Tunc xi Carucae hominum modo v triginta acrae silvae Pastura 130 ovibus Dimidium Molendini c. Harold held Benflet in the time of King Edward for one Maner and Eight Hides now Ranulph Fitz-Ilger keeps it in the Kings hand Then that is in the time of King Edward there was twelve Villains now when the Survey or Domesday Book was made one and twenty There was always that is then and now 6 Bordars then three Servants and now three Three Carucates in Demeasn now two Then the men or Tenants had Eleven Ploughs or Eleven Plough-lands now Five Thirty Acres of Wood Pasture for 130 Sheep half a Mill c. Witham [3] Ibidem Tenuit Haroldus Tempore Regis Edwardi pro uno Manerio pro v. hidis modo custodit hoc Manerium in Manu Regis Petrus Vicecomes Tunc duae Carucatae in Dominio modo tres Tunc xxi Villani modo xv Tunc ix Bordarii modo x. Tunc sex servi modo ix Tunc xxxiii Sochemani modo similiter Tunc xviii Carucae Hominum modo vii haec perditio fuit Tempore Sueni Baignardi Vicecomitum per Mortem Bestiarum Harold held Witham in the time of King Edward for one Maner and for five Hides now Peter the Sheriff Keeps it in the Kings Hand Then there were two Carucates in Demeasn now three Then there were twenty one Villains now fifteen Then 9 Bordars now 10. Then six Servants now 9. Then there were three and twenty Socmen now the same number Then the men or Tenants had 18 Ploughs now 7. and this loss was in the time of Swain and Baynard the Sherifs and by the Death of Cattle Writelam tenuit [4] Ibid f. 5. a. â—hâ—lmesfort Hâ—nd Haroldus pro Manerio xvi Hidis Tempore Regis Edwardi Modo Rex Willielmus pro xiiii hidis Tunc C Villani tres minus post modo Lxxiii Tunc xxvi Bordarii post modo Lx. Tunc xxxiiii servi modo xviii c. Harold held Writel for a Maner and 16 Hides in the Time of King Edward Now King William possesseth it for 14 Hides Then there was an Hundred Villans wanting three afterward and now seventy three Then 26 Bordars afterward and now sixty Then 24 Servants now 18. Then 12 Carucates in Demeasn now 9. Then the Men or Tenents had sixty four Ploughs or Plough-lands Then this Maner yielded 10 Knights farm and 10 Pounds now it yields an hundred pounds by weight And thus are the Entries of the ordinary Inhabitants of all the Country Towns and Maners in this County they were Villans Bordars and Servants as well in Edward the Confessors and the Saxons Time as after the coming of the Normans They were people of the same Condition There are seldom to be found any Socmen and very rarely any Freemen in the Entries of this County In Norfolke there are many Freemen to be found and but few Socmen Norfulc [5] Ibid. f. 135. b. Terra Regis Hund. de Walesham IN Mothetuna tres liberi homines xxxvii acras Terrae quatuor acras dimid Prati dimid Carucat valet Duos Solidos viii d. In Motheton three Free-men hold thirty seven Acres of Land and four Acres and half of Meadow and 't is half a Carucate and the value of it is two Shillings eight pence or it pays so much In Bastwic 1 liber homo xxx acras Terrae duas Acras Prati dimid Carucat valet xvi d. In [6] Ibidem Bastwic one Freeman hath 30 Acres of Land and two Acres of Meadow and 't is half a Carucate and is worth or pays 16 d. In Martham [7] Ibidem Flec West Hund. The ordinary free men were under protection of great men Duo liberi homines unus Gert alter Haraldi Comendatus de Quadraginta Acris Terrae 6. Acris Prati Tunc 1 Caruc post modo dimid Tunc post quatuor sol modo 6 sol In Martham two Freemen one the Client or under the Protection of Gert he was Harolds Brother and the other of Harold held Forty Acres of Land and six Acres of Meadow Then one Carucate since and now but half a Carucate then and afterwards it was worth four shillings now six shillings In Clepesbes unus [8] Ibidem liber homo Gerti Comendatus Tempore Regis Edwardi de xx acr Terrae et quatuor acris prati et tres liberi homines sub Eo xvii acr Terrae tres Acr. prati semper 1 Carucat semper valuit ii Sol. vi d. in Censu Ormesbei In Clepesby one Freeman under the Protection of Gert. in the time of King Edward had twenty Acres of Land and four Acres of Meadow and three men under him had 17 Acres of Land and three Acres of Meadow it was always one Carucate and always paid 2 s. 6 d. Rent to the Maner of Ormesby In Clepesbes 1. liber [9] Ibidem homo Regis de xx Acr. Terrae semper dimid Car. tres Acr. Prati semper valet 2 s. in Wintertuna 1 liber homo de vii acr terrae In Clepesby one Freeman of the King hath twenty Acres of Land always half a Carucate it always paid 2 s. to the Maner of Winterton one Freeman there had 7 Acres In Borstuna [1] Ibid. f. 130. a. quatuor liberi homines Algari Tempore Regis Edwardi Commendati tantum de xl Acr. Terr 1 Bordár semper 1 Car. iii Acr. Prati In Borston four Freemen who were only under the Protection of Algar in the time of
King Edward had 40 Acres of Land and one Bordar and three Acres of Meâ—dow which were always accounted one Carucate or there was always one Plough imployed In Gersinga [2] Ibidem octo liberi homines Algari Commendati tantum de 60 Acr. Terr semper quatuor Bordar c. In Gersinge eight Freemen who were only under the Protection of Algar had sixty Acres of Land there were always foâ—r Bordars c. And such as these were the Ordinary Freemen of this County wherever they are found in this Survey and their Quality the same though 't is not to be doubted but their Condition was harder after the Conquest than before when they changed their Patrons In Suffolk there were also many Freeman like these few or no Socmen Sudfulc [3] Ibid. f. 339. b. Terra Roger. Comitis Hundrede de Colenese WAletunam Tenuit Normannus Tempore Regis Edwardi modo Tenet sub Rogero Bigot c. In eadem villa xviii liberi homines Commendati Godricus faber Edricus Ulnotus c. de Lxxx Acr. Terrae subtus eos vi Bordar semper inter eos iii Car. 1 Acr. Prati valent xxx Sol. c. Norman held Walton in the Time of King Edward and now holds it of Roger Bigot c. In the same Town there are 18 Freemen under Protection Godric probably a Smith or Carpenter Edric and Ulnot and so all the 18 named in the Survey who held Eighty Acres of Land and had under them 6 Bordars amongst them they had three Carucates and one Acre of Meadow they pay thirty shillings In Maistuna [4] Ibidem Tenuit Idem Normannus T. R. E. vi liberos homines Commendati de C. Acr. Edricus Burthricus Wulbaldus Aluricus Almarus Wulricus 1 villan de quatuor Acr. quatuor Bordar semper inter eos quatuor Acr. ii Acr. Prat. val xx Sol. In Maston the same Norman held in the time of King Edward six Freemen under his Protection who had an hundred Acres Edric and Burthric Wulbald Aluric Almar and Wulric and one Villain who had four Acres and four Bordars who always held amongst them four Acres and two Acres of Meadow and 20 s. In Burch [5] Ibid. f. 340. a. tenuit Idem Normannus T. R. E. xvi liberos homines Commendatos de 1. Car. Terr vi Bordar pertinentes ad Waletunam quatuor Caruc inter eos ii Acr. Prat. val xl Sol. In Burch the same Norman held in the Time of King Edward sixteen Freemen under his Protection all particularly named in the Survey who had one Carucate of Land and six Bordars belonging appending or regardant to the Maner of Waletun they had four Carucates or Ploughs between them and two Acres of Meadow and paid xl Shillings In Alteinestuna [6] Ibid. f. 341. a. duo liberi homines xi Acr. Turbinus Ulvinus valent xxii d. 1 Ecclesia v Acr. * Terr Liber val xvi d. In Altenston two Freemen held eleven Acres Turlin and Ulvin who paid 22 d. there was a Church and five Acres of Free Land which paid xvi d. And so in many other Towns there are the like Entries of one two three four or five Freemen And at last 't is said Omnes isti sunt [7] Ibid. liberi homines R. Bigâ—t Normannus tenet eos de eo All these are the Freemen of Roger Bigot and Norman holds them of him Terra [8] Ibid. f. 406. b. Hugonis de Montesorti Hundret de Carleford IN Bischelea tres liberi homines in Dominio Gudmundi T.R.E. In Bischeley there were three Freemen in the time of King Edward under the Dominion or power of Gudmund or in his Demeasn which is all one In [9] Ibid. Burgo 1 liber homo comendat dimid Sanct. E. i. e. Etheldredae T. R. E. dimid Antecessor Roberti Malet In Burg there was one Freeman half under the Protection of St. Audrey that is the Church of Ely in the time of King Edward and half under the Patronage of the Antecessor of Robert Malet In eadem 1 liber homo commendat dimid Sancti E. dimid Edrici In the same Town there was one Freeman who paid half the money for his Protection to Saint Aurdrey or the Church of Ely and the other half to Edric Sudfulc [1] Ibid. f. 287. a. Sanfort Hund. dimid TEtra Regis quam Aluricus Want Custodit he was the Kings Prepositus or Reeve and managed it for him Bercolt tenuit Heroldus T.R.E. xiii Car. Terr pro Manerio Tunc xlii Vill. modo xliii Tunc v. Bordar modo xxii tunc vi servi modo quatuor Tunc post tres Car. in Dominio modo ii Tunc xx Car. hominum post modo x. duodecim acr Prati Silv. M. porcor semper 1. Molin semper 1. Runcin x. animal xxviii por Lxxxv. ov xxvi Capr. Huic Manerio pertinet 1. Berwita Sceveleia ii Car. terr T. R. E. Tunc x vil post modo vi semper vii Bordar Tunc iiii serv modo ii Tunc ii Car in Dominio post modo 1. Tunc viii Car. homin post modo * Because they lay waste or they had not Tenant could set up so many Ploughs iiii xvi Acr. Prati 1 Molin semper 1. runcin iiii animal vii Por. xxiii ov Beâ—leiam tenuit comes Guert. T. R. E. post eam adjunit * Ralph de Guader whose Story is to be found in the Life of William the 1st comes Rud. stalra huic Manerio pro Berwita T. R. Willielmi pro ii carucat Terr tunc xix Villi modo xiiii semper tres Bord. tunc iiii serv tunc ii car in Dominio post modo 1. tunc viii car hom post modo 1. Et viii car possunt in Dominium * Nota. Quia Villani Villanos restaurari viii Acr. Prati silv xxii por viii animal viii por xlii ov val vi d. Scoteleiam tenuit comes Guert * They were two Carucates and half in Edward the Coâ—fessors xii car dimid 1. acr val * time but at the time of the Survey lay Wast and worth but two pence ii d. pro 1 Manerio T. R. E. Tunc xii Villani modo sex semper ii Bord. Tunc iiii serv modo 1. Tunc 11 Car. in Dominio post modo 1. Tunc iiii Car. hom post modo 1. iiii car possunt restaurari iiii acr Prati et 1. Runcin et xl ov Huic Manerio pertinebant T.R.E. CCx. Sockman modo non sunt nisi Cxix et habent xxii car Terrae et dimid xxx acr Minus et xlii Bord. Tunc xxix car modo xxvii et xxiiii acr et dimid Prati duae Ecclesiae de lxii acr de his hominibus qui huic Manerio remansi sunt non habuit Heroldus etiam Commendationem
Maner that is a Seat or place of abode in the time King Edward Then it was one Carucate now nothing and 1 Acre of Meadow In the same six Freemen under the Protection of * These were Subcomendats being under the protection of one that was protected himself Alviet held xiii Acres which were always half a Carucate Then they paid twenty Shillings now twelve In the same Town Ringulf a Freeman had Thirty Acres for a Maner he was the Client or under the Protection of Alsi Nephew or Grandchild to Earl Ralph Then it was one Carucate now nothing Of this Land suppose of the Town Lewin the Son of Ringulf had iii Carucates and the 4th part of the Wood In the same four Freemen under the Protection of * These were also Subcommendats who were protected at the second hand Ringulf who had x Acres and half a Carucate and iv Acres of Meadow and x Hogs Then it paid 20 s. now ten In the same Beso a Freeman Protected by Alsi had xvi Acres Then and afterward one Carucate now nothing it did pay six shillings and eight pence Of this Land the Predecessor of Alberic de * He was Ancestor of the Earls of Oxford Ver had five Acres The King and the Earl had the Soke of the whole In the same Town one Freeman called Soribes who had vi Acres he was under the Protection of Ulvene and paid xii d. In the same Chipinc a Freeman under the Protection of Ulwin the Predecessor of Alberic de Ver and in the Soke of his twelve Carucates and he held more 1 Acre and the fourth part of another of the Lordship of Ulwin now the Mother of Robert Malet holds the whole and it pays 2 s. The King and Earl of all the Soke of the other that is of Soribes In Cotton Ansger a Freeman under the Protection of Lewin of Backton held thirty Acres for a Maner in the time of King Edward Then 1 Carucate now half a Carucate and 1 Acre of Meadow Wood for vi Hogs And there were three Freemen under Protection that held Sixty Acres and half a Carucate and paid ten shillings The King and Earl have the Soc. In the same Teit half under the protection of Edric the * Praepâ—situs Regis Kings Reeve and half under the Protection of the Predecessor of Malet held viii Acres always half a Carucate and paid 4 s. The Soc was the Kings and Earls In little Thornham eight Freemen had twenty eight Acres and were under the protection of Ulvene then they had two Carucates now one and half and paid 5 s. In the same two Freemen one of them was under the protection of Ulvene and the other was protected by one who was protected by the Predecessor of Malet and was half under his protection they had xv Acres always 1 Carucate or always they implyed one Plough Then it was worth 3 s. 4 d. now 5 s. Here we see the Condition of the ordinary Freemen within these three Counties and there were more here than in all the Counties in England And besides Owners of Towns and Lords of Manors there were no other Land-holders or Inhabitants but these and Socmen if these were not the same and Villans Bordars or Cottars and Servants in the Country But for greater Demonstration of Matter of Fact I shall briefly pass through them all Chenth [5] Great Domesday Book f. 2. b. col 1. Terra Regis In dimid Lest de Sudtone in Achestane Hund. REx Willielmus tenet Tarentefort pro uno solino dimid se defendit * That is Arable which is always called Terra in this Survey Terra est xl Caruc In Dominio sunt ii Caruc cxlii Villani cum x Bordar Habent Liii Caruc ibi sunt iii Servi 1 Molend c. King William holds Tarentfort it is Taxed at one * Probably from the Saxon word Sulk a Plough but what quantity of Land a Solin Swolling or Sulling conteined I cannot find Solin and a half there is forty Carucates of Land in Demeasn ii Carucates and one hundred and forty two Villans with ten Bordars they have fifty three Carucates or perhaps rather fifty three Ploughs with which they Ploughed their own and the Lords Lands There are three Servants and one Mill. Terra [6] Ibid. f. 3 a. Col. â— Archiepiscopi Cantuariensis In Achestan Hund. ARchiepiscopus Cantuariensis tenet in Dominio Tarent pro ii solinis se Defendit In Dominio est una Car. xxii Villani cum vii Cotar habent vii Car. Ibi vi Servi ii Molend de L sol The Arch-Bishop of Canterbury holds Tarent in Demeasn There is in Demeasn one Carucate and xxii Villans with seven Cotars they have seven Carucates or * I am apt to think that this abbreviation Car. or Caruc when it follows Villeni or Bordarii oft signifiâ—s the number of Ploughs they kept and not the Land or quantity of it Ploughs there are vi Servants and two Mills of 50 s. Rent In the whold County of Kent in the Entries of Towns and Maners it is very rare to find any other People than Villans Bordars and Servants who were all in Dominio besides the Lords and Great Possessors Military Men and Religious Sudsex [7] Ibid. f. 1â— a. Col. â— Terra Archiepiscopi Cantuar. in Mellings Hund. ARchiepiscopus Lanfrancus Tenuit Mellinges est in Rape de Pevensel T. R. E. defend se pro quater xx hid sed modo non habet Archiepiscopus nisi lxxv hidas Quia Comes Moretonii habet v hidas extra Hund Terra totius Maner L Car. in Dominio sunt v Car. CC xix Villan cum xxv Bord. habent * Here â— should think Car. signifies Ploughs and not the quantity of Land the quantity of Carucates differed some times a Carucate might be so large as one Plough could not Till and sometimes so small as one Plough might Till two lxxiii Car. xliii Croftos Arch-Bishop Lanfranc held Mellinges c. in the time of King Edward it was taxed for fourscore Hides c. the * That is the Arable Land which is always in this Survey called simply Terra Land of the whole Maner is fifty Carucates There is in Demeasn v Car. and two Hundred nineteen Villans with thirty five Bordars they have seventy three Carucates or Ploughs and forty three Crofts In this whole County few or no others but Villans Bordars and Servants and in Dominio as in Kent So in Sudrie Hantescire and the Isle of With as in Kent and Sussex Villans Bordars and Servants only in Dominio So Berchescire as Sudrie Sudsexe and Hantescire few or no others besides Villans Bordars and Servants in Dominio except owners of Towns Lords of Maners and others that held in Military Service either in Capite or by Mean Tenure and Religious Wiltescire [8] Ibiâ— fol. 6â— a. Col. â— Terra Regis REx
tenet Bromham Comes Haraldus Tenuit pro xx Hid. Geldavit Terra est x Carucat In Dominio sunt x Hid. ibi ii Car. iiii Servi ibi xiiii Villani vi Bordar xxx Cozets cum viii Caruc sometimes Cozets is written Coscez in this County The King holds Bromham Earl Harald held it and it was taxed for xx Hides The Land or Arable Land is ten Carucates In Demeasn x Hides and there are two Carucates four Servants There are fourteen Villans vi Bordars and thirty Cozets with eight Carucates The Persons of these Men were all in Demeasn Rex tenet [9] f. 64. b. Col. 2. Amblesberie Rex E. tenuit nunquam * In Caâ— in the same fol. and Col. thus Cauna nunquam Geldavit ergo nescitur quot hidae sunt ibi Geldavit nec * In Caâ— in the same fol. and Col. thus Cauna nunquam Geldavit ergo nescitur quot hidae sunt ibi Hidata fuit Terra est xl Caruc In Dominio sunt xvi Car. lv Servi ii Coliberti ibi quater xx et v Villani et lvi Bordar habentes xxiii Carucat c. The King possesseth Amblesberie now Amesbury or Ambresbury King Edward possessed it it never was taxed nor cast into Hides the Arable is forty Carucates In Demeasn there are xvi Carucates and fifty five Servants and two Coliberts there fourscore and five Villans and lvi Bordars having twenty three Carucates Terra [1] â— 71. â— Col. 2. Milonis Crispin Wiltâ—scire RAinaldus tenet de * Here Milo was the Tenant in Capâ— and Rainald the Lord of the Manor or Town who held of him Milone Hasberie Levenot tenuit T.R.E. Gold pro v Hidis Terra â—st v Carucat de ea est in Dominio 1 Hid. et ibi ii Car. ii Servi et v Villani et xiii Coscez et ii Cotar cum iii Car. c. Rainald holds of Miles Crispin Hasberie Levenot held it in the time of King Edward and it was taxed for five Hides the Arable is five Carucates of which there is in Demeasn 1 Hide and there are two Carucates or Plough Lands two Servants and five Villans and xiii Coscez and two Cotars with three Carucates that is all these People had amongst them three plough Lands In this Shire were Servants Villans Bordars and often Coscez in stead of Bordars and sometimes Colliberts few or no others except as before excepted in Kent c. the Entries of all the Towns are after this manner Dorsete [2] Ibid. f. 75. a. Col. 2. Terra Regis REx tenet Dorcestre et Fortitone et Sutone et Velingham et Frome Rex E. tenuit Nescitur quod Hidae ibi quia non Geldabat T. R. E. Terra est lvi Car. In Dominio sunt septem Car. et xx Servi et xii Coliberti cxiiii Villani Quater xx et ix Bord. habentes lix Car. c. The King possesseth Dorchester Fortiton or happily now Fordington Sutton Velingham and Frome King Edward held them c. the Arable is fifty six Carucates in Demeasn there are seven and twenty Servants and twelve Coliberts one hundred and thirteen Villans and fourscore and nine Bordars having fifty nine Ploughs c. here the Carucates were large and there was more Ploughs than Plough Lands In this Shire in Dominio Servants Villans Bordars and sometimes Coliberts and sometime Coscez so all the Entries no Socmen or Freemen unless very rarely except as before excepted in other Counties Sumersete [3] Ibid. f. 86. a. Col. 1. Terra Regis REx tenet Sudperet nunquam Geldabat c. In Dominio ii Car. v Servi xxii Coliberti lxiii Villani xv Bordar cum xxvi Car. c. The King possesseth Sudperet c. There are in Demeasn two Carucates and five Servants and xxii Coliberts and lxiii Villans and fifteen Bordars with twenty six Carucates or Ploughs c. In the Entries of this Shire are only to be found Villans Bordars Servants Coscez and Coliberts in Dominio but most frequently Servants Villans and Bordars In Devonshire the Entries are the same in Dominio Servants Villans Bordars and sometimes Coscez in stead of Bordars In Cornwall the same Entries throughout Bordars Villans Servants scarce any others to be found Midelsexe [4] Ibid. f. 129. a. Col. â— Terra Comitis Rogeri COmes Rogerus tenet in Hermodesworde 1 Hid. Terra est 1 Car. ibi est dimid Car. dimid potest fieri Duo Villani tenent hanc Terram x sol valuit valet Hanc tenuit Alwun homo Wigot potuit de ea facere quod voluit modo jacet in Coleham ibi non jacuit T. R. E. Coleham [5] Ibid. pro viii Hid. se Defendit Rogerus Comes tenet Terra vii Car. in Dominio vi Hid. ibi sunt iii Car. Villani habent iii Car. ibi vi Villani quisque de 1 virgat alii quatuor de * Every one half a Virgate ii virgat Presbyter 1 Hid. x Bordar Quisque de v acr iii Cotar viii Servi ibi ii Molini de lx sol dimid Mol. de v sol Prat. iii Car. Pastur ad Pecuniam villae Silva CCCC Porc. 1 * Arpennis sometime is half an Acre sometime an Acre and the Measure differed according to the diversity of Countries Arpenn Vineae in totis valentiis valet viii lib. Quando recepit vi lib. T. R. E. x lib. hoc Manerium Tenuit Wigot de Rege E. Earl Roger holds Hermodworth for one Hide the Arable is 1 Carucate there is half a Carucate and there may be made another half Two Villans hold this Arable and pay ten Shillings Rent Alwun the Man or Tenant of Wigot held this Land and might do with it what he would that is use it as he would now it lies to Coleham where it lay not in the time of King Edward Coleham is taxed for eight Hides Earl Roger holds it the Arable is seven Carucates in Demeasn there are six Hides and there are three Carucates that is in Demeasn The Villans have three Carucates there are six Villans every one hath a Virgate and there are four others that have two Virgates a Priest or the Parson hath 1 Hide There are ten Bordars every one holds five Acres and three Cotars and eight Servants and two Mills rented at sixty one Shillings and half a Mill at five Shillings three Carucates of Meadow or Meadow sufficient to provide for Cattle of three Ploughs Pasture for the Cattle of the Town that is Common Pasture Wood for 400 Hogs half an Acre or an Acre of Vineyard The value of all together is eight Pound when the Earl received it 't was six Pound in the Time of King Edward ten Pound Wigot held this Maner of King Edward All the Entries of Towns and Maners are after this Method in this County seldom if at all any others to be found than Villans Bordars Cotars and Servants
and Education of the Heir within Age was by the Constitution of the [3] See Feudal Law c. in the Glossary to my Introduction f. 39. E c. Feudal Law especially as it was at this time practised in England and from thence this Law was derived The next Chapter about the Marriage of Widows was another Branch of the Feudal Law where the true Reason is given why they could not Marry without License from the Lord of the Fee which he never touches No [4] Mag. Cart. C. â—0 Constable of a Castle may distrain any Knight that is any Person who by Military Tenure was bound to Castle-Guard to give Money for Castle-Guard if he would do the Service in his own Person or do it by another Stout Man if for any reasonable cause he could not do it himself and if the King called him into the Army he should be free from Castle-Guard for the time he was in the Army and for the Fee for which he did Service in the Army This Chapter or as he calls it [5] 2 Institut f. 34. Act consisting of two Branches is Declaratory of the Common Law First He that held by Castle-Guard might make a Deputy Secondly That he who by the King was called into the Army should be free from Castle-Guard c. This also he says was Declaratory of the Antient Common Law Yet Castle-Guard and whatever related to it was a Constitution of the Military Feudal Law The next [6] Mag. Char. C.xxi. Chapter about Carriages was a Prerogative all Princes as Chief Lords of all Fees had over the Vassals of their Military Tenants Nulla Carecta Dominica c. No Demeasn Cart that is a Cart in the proper use of any Ecclesiastic Person or Knight or any other Lord of a Maner shall be taken by our Officers c. They were exempt he says by the Antient [7] 2 Instit â— 35. Law of England The words of the Law prove it to be Military and Feudal They were exempt as Military Tenants The words Carecta Dominica add to the proof that it was a Military Law We will not hold the Lands of those Convict of [8] Mag. Chart. c. 22. Felony above a year and a day c. Forfeiture of Lands for Felony was Originally from the Feudal Law No Officer of ours [9] Ibid. c. 28. shall for the future put any man to Wage Law c. This Wager of Law he says for ought ever he had read was the peculiar Law of England I am sure he never read the old French Law the Salic Law the old Feudal Law [1] See my Saxon History the old German nor indeed any ancient Foreign Law the Practice of it and the Constitution also is frequent in all of them The 31 Chapter of Magna Charta concerning Military Tenures Escheats Reliefs and Services he [2] Second Institut f. 64. says is all meerly Declaratory of the Common Law but it is a mighty mistake from his not having read or observed the Feudal Law for if ever there were any such Law in the World this whole Chapter is certainly only a qualified and moderate part of it Nor are Littletons Tenures any thing else but a Declension and Lapse of the Rigid Feudal Law by pact permission remission or favour of Lords and Patrons or by time into the more mild Usages of it as they were practised in this Nation in his time as must be confessed by any one but meanly skilled in the Feudal Law The whole Feudal Law consisted in [3] Hottom de Feud Disput Col. 871. C. D. E. Customs rather than in Written Rules before the Constitution of Frederic the First who was made Emperor A. D. 1151 or 1152. The Lombards had their own Customs in their Fees the Goths Franks and Saxons had others all different The Normans and Vandals had their own Customs every one in their own Countries and Provinces had their different Customs and therefore of necessity the Laws of Fees were various But Sir Edward Coke cannot own any thing of the Feudal or any Foreign Law here though it was really made the English Law by Use and Time He hath a formal way of Speaking the Law doth this and the Law doth that this is Law that is by the Common Law of England abstracting it from any dependency upon or creation by the Government as if it had been here before there was any and had grown up with the first Trees Herbs and Grass that grew upon English Ground and had not been of our Antient Kings and their Successors Planting by Assistance and Advice of their Great Councils in all Ages as it was found expedient either by them or upon Petition and Request of their People Which [4] Claus 1. E. 2. m. 10. Dors is acknowledged by all the Bishops Earls Barons and People present at the Coronation of King Edward the Second in these words â—Sir will you Grant and Keep and by your Oath Confirm to the People of England the Laws and Customs granted to them by the Antient Kings of England your Predecessors true and devout to God and namely the Laws and Customs and Liberties granted to the Clergy and People by the glorious King Edward your â—Predecessor In very many of the most Antient Statutes 't is said The King Ordains the King Wills and it hath been resolved by many of the Judges [5] Cokes 8 Report f. 20. b. That if those Statutes be entred in the Parlement Rolls and always allowed as Acts of Parlement it shall be intended they were by Authority of Parlement How such Entry and such Allowance without any Words in the Statutes to that purpose can make them to be by Authority of Parlement I shall not inquire But sure I am those words The King Ordains the King Wills being pronounced in Parlement and Recorded in the Rolls thereof for the security of the People and owned by them do clearly prove his Authority and Power in making Laws to be far greater than many men would allow him or have him to injoy If these sayings of Sir Edward Coke have respect to the Times before Magna Charta there was not then much Law nor much Pleading nor many judged Cases from whence the Bulk of the Law arose and the proceedings were short Possession then was eleven Points of the Law and Seisin proved the Plaintiff had Possession presently the only trouble then and delay was sometimes allowing and casting Essoins I will give some Examples of the course of Law then Rex Willielmo de Cahanniis Salutem [6] From the Original in the hands of Sir Tho. Hare Baronet This was in the time of William Rufus Praecipio tibi ut facias convenire Sciram de Hamtona Judicio ejus cognosce Si Terra de Isham reddidit firmam Monachis Sancti Benedicti Tempore Patris mei si ita inventum fuerit sit in Dominio Abbatis si vero Teinlanda tunc
fuisse invenietur Qui eam tenet de Abbate Teneat recognoscat Quod si noluerit eam Abbas in Dominio habeat vide ne clamor inde amplius at me redeat Teste * He was consecrated A. D. 1081 and died 1096. Willielmo Episcopo Dunelm The King to * He was Sheriff William Cahains Greeting I Command you that you cause the Shire of Hamton to come together and by the Judgment thereof know if the Land of Isham paid Rent to the Monks of * That is of Ramsey St. Benet in my Fathers time and if it shall be found so let the Abbat have it in Demeasn or the Possession of it But if it shall be found to be Teinland he that holds it let him hold it of the Abbat and let him acknowledge to hold it so If he will not let the Abbat have it in Demeasn and see that no Complaint about this Matter returns to me again Rex Angliae [7] Ibidem Willielmo Vice-comiti Salutem Mando Praecipio Tibi ut Abbatem Ailsi facias habere Isham sicut ipse Dirationavit eam in Hamtona sicut Testimoniata jurata ad opus Sancti Benedicti T. R. Big The King of England to William the Sheriff Greeting I Require and Command thee that thou makest Abbat Ailsi to have Isham as he Recovered it by Proof in Northamptonshire and as it was Witnessed and Sworn to be to the Use of Saint Bennet Witness Roger Bigod This was the whole Proceeding after Proof by the Shire it belonged to the Abbat a Writ of Possession was directed to the Sheriff and then he had Seisin of the Land Rex Angliae [8] The Original in the Custody of Sir Tho. Hare Baronet Episcopo Eliensi Baronibus Justiciariis Vicecomiti omnibus fidelibus suis Francis Anglis de Grantebridge scira Salutem Sciatis quia Barnadus Abbas de Ramseia Dirationavit in Curia sua apud Sanctum Ivonem coram Justicia mea quam illuc miseram In the time of Hen. 1st Terram de Stowa Grettona versus Paganum Peverellum quam ipse Paganus Clamabat tenere de Ecclesia de Ramseia Et Recognitum ibi fuit quod nullum jus in Terra illa reclamare poterat sed Remansit Terra illa Ecclesiae de Ramseia Abbati solida quieta de tota calumnia Pagani Successorum suorum Et hoc Dirationamentum Warrantizo per Chartam meam Confirmo Roger Bishop of Salisbury was Elected 110â— and Consecrated 1107. and was Bishop 39 years and Justiciary of England many years in his time Et ideo volo praecipio quod Ecclesia de Ramseia Abbas eam amodo in pace quiete liberè teneat sicut Dominium Ecclesiae ejusdem Ita ne ulterius ei Respondeat nec alicui de Successoribus suis nec alteri qui per illum Clamet Teste * R. Episcopo Sarisher Pagano sil Johannis W. de Hoctuna Apud Westmonasterium The King of England to the Bishop of Ely the Barons Justiciaries Sheriff and all his Feudataries of Cambridgeshire French and English Greeting Know ye that because Barnard Abbat of Ramsey hath recovered at his Court at St. Ives before my Justice which I sent thither the Land of Stow and Gretton against Payn Peverel which he claimed to hold of the Church of Ramsey and it was there found by the Jury that he could claim no Right in that Land and that the whole belonged to the Church and Abbat of Ramsey free from any claim of Payn or his Successors And this Recovery I Warrant and by my Chart Confirm And therefore I Will and Command That the Church of Ramsey and the Abbat from henceforward shall hold them peaceably quietly and freely as the Demeasn of the said Church so as it shall not answer any more to him or any of his Successors or any Claiming by him Witness Roger Bishop of Salisbury and Payn Fitz-John and William of Hoctun at Westminster The King sent one of his own Justices to take the Assize or Verdict to prevent the partiality of the Jury which might have been before the Abbat himself or his Steward The like Confirmation almost was made by Queen Maud under her Seal in another Case in the Absence of this King 't is supposed as Regent The Inhabitants of the Hundred of Peritune now Pirton in Oxfordshire pretended the Maner or Hundred of Levechenor now Lewknor in the same County ought Suit and Service to their Hundred and was no Hundred of it self the Abbat of Abendon proved the contrary in the Kings Court in the Castle of Winchester Sed quia Rex tunc in Normannia erat Regina quae tunc praesens aderat taliter hoc sigillo suo Confirmavit Carta [9] Registrum Magnum de Abbendon in Bibloth Cotton Claudius B. 2. Reginae de Levechenora MAtildis Angliae Regina Roberto Episcopo Lincolniensi Thomae de Sancto Johanne omnibus Baronibus Francis Anglis de Oxenefordscira Salutem Sciatis quod Faritius Abbas de Abbendona in Curia Domini mei mea apud Wintoniam in * In the Exchequer or Treasury there which was then in Winchster Castle Thesauro ante Rogerum Episcopum Salesburiensem Robertum Episcopum Lincoln Richardum Episcopum Lundon Willielm de Curceio Adamum de Porto Turstinum Capellanum Walterum de Glocest Herbertum Camerarium Willielmum de Oyleio Gosfridum fil Herberti Willielmum de Enesi Radulphum Basset Goisfridum de Magna Villa Goisfridum Ridel Walterum Archidiaconum de Oxeneford per * Domesday Book kept in the Treasury of the Exchequer Librum de Thesauro Disracionavit quod Levecanora Manerium suum nichil omnino debet in Hundredo de Perituna facere sed omnia quae debet facere tantumodo in Hundredo de Levecanora facere debet in quo Hundredo habet Ecclesia de Abbendona xvii Hidas. Teste Rogero Episcopo Salesb Willielmo de Curci Adamo de Porto apud Winton Maud Queen of England to Robert Bishop of Lincoln and Thomas St. John and all the Barons of Oxfordshire French and English Greeting Know ye that â—aritius Abbat of Aberdon in the Court of my Lord and mine at Winchester in the Exchequer before Roger Bishop of Salisbury Robert Bishop of Lincoln and Richard Bishop of London William de Curcey Adam de Port Turstin our Chaplan Walter of Glocestre Herbert the Chamberlain William D'oyly Geofrey Fitz Herbert William de Enesi Ralph Basset Geofrey Magnaville Geofrey Ridel and Walter the Arch-Deacon of Oxford proved by Domesday Book or the Book which was kept in the Treasury of the Exchequer That his Maner of Levecanor ought no Suit or Service to the Hundred of Peritune but whatever it ought to do was only to be done in the Hundred of Levecnor in which the Church of Abbendon hath seventeen Hides
Witness Roger Bishop of Salisbury William de Curcey and Adam de Port at Winchester In these times and for a Century or two of years afterwards the Trials for Lands and Goods in the * See the old Registers Leigers Couchers and Histories of the Great Monasteries Ely Bury Ramsey Abendon c. County * See the old Registers Leigers Couchers and Histories of the Great Monasteries Ely Bury Ramsey Abendon c. Hundred and Lords Courts were very considerable and for good Quantities of Land and the Suitors to the Hundred and County Courts were as considerable all Men especially of the Laity of what Quality soever within the Hundred ought their Attendance there as appears by this Writ Henricus [1] Monast Angl Vol. 3. f. 262. Col. 2. n. 50. Rex Angliae omnibus Baronibus Vavasoribus omnibus Dominis qui Terras Tenent in Well-Wapentach Salutem Praecipio quod omnes veniatis ad placitum Wapentachium Episcopi Lincoln quod de me tenet per summonitionem Ministrorum suorum Et facietis ei omnes Rectitudines consuetudines in omnibus Rebus quas ei debetis de Terris vestris ad illud VVapentachiumâ— ita bene plenarie sicut unquam plenius fecistis Roberto Episcopo vel alicui Antecessori suo quas juste facere debetis nisi feceritis ipse vos justiciet per pecuniam vestram donec faciatis ne perdam pecuniam meam quam Episcopus mihi inde reddere debet Teste Episcopo Sarum G. Canc. apud Fereham Henry King of England to all Barons Vavasors or Knights and Lords of Maners which hold Lands in Well-Wapentach Greeting I Command that you all come to the * The same with an Hundred VVapentach-Court of the Bishop of Lincoln which he holds of me at the summons of his Bailiffs and perform to him all Services and Customs in all things which are due to him from your Lands at that Court so well and fully as ever ye performed them to * Robert Bloet who died Jan. 10. A. D. 1122 Alexander succeeded him and was consecrated A. D. 1123. Jul. 22.23 Hen. 1. Robert the Bishop or any Antecessor of his and which ye ought justly to do and unless you perform them he shall Distrein your Goods until you do it lest I lose my Rent which the Bishop is to pay me for the VVapentach Witness the Bishop of Salisbury and G. the Chancellor at Fereham In the [2] Append. n. 34. eighteenth year of Henry the Third He by Advice of the Major part of the Bishops Earls and Barons Expounded the 35th Chapter of Magna Charta where there had been care taken about the keeping of the County Court Turns and Leets but not about Hundred or VVapentach Courts and Lords Courts In which Chapter there was a Clause That all were to have their Liberties they had or used in the time of King Henry his Grandfather And it having been proved before them that Hundreds and Wapentachs and Lords Courts were then holden every Forthnight which was thought too often and too great a trouble to the Suitors yet seeing the two Turns were not sufficient to preserve the Peace of the Nation nor to Correct the Injuries done to Rich and Poor which was part of the Business of the Hundred Courts it was provided that between the two Turns Hundreds and Wapentachs and the Courts of Great Men should be holden from three Weeks to three Weeks where before they had been holden once in a forthnight so as there should not be made a General Summons to those Hundreds Wapentachs and Great Mens Courts as there was to the Turns But there should only come to them the Plaintiffs and Defendents and those which * By their Tenures and held Lands by doing Suâ—t and Service at those Courts ought Suit to them That Trials might be dispatcht and Judgments made which are done by the Suiters unless in those Hundreds there ought to be Inquisition made of Pleas of the Crown as of the Death of a Man Treasure found and the like for the Inquiry to be made after them they should come with the Suiters all of four of the next Towns that were necessary to make such Inquisitions Notwithstanding this Provision the Attendance upon these Courts was thought a great burthen and trouble and therefore two years afterwards [3] Stat. of Merton c. 10. it was provided and granted That every Free-man that ought Suit to the County Trihing Hundred and Wapentach or to the Court of his Lord mighty freely make his Attorney to do those Suits for him So that this way the Great Men made a Law to excuse their Lands and selves from this Service and gave some small parcels of Land to some ordinary inconsiderable men to do this Drudgery for them Land then was the price of all things the very Houshold Servants had Land allowed them for their annual Wages Nor was that which is now accounted a wonderful Priviledge then thought any other than a vexation and trouble seeing many Knights and considerable Men purchased of the King Charters of Exemption from being Impannelled in Assises Juries and Enquests and these Exemptions were so frequent and so many [4] Stat. of Marlebridge c. 14. that they hindered the course of Justice and therefore there was a Law made to force them in several Cases to serve upon Juries and Enquests and at length when the small Barons or Tenants in Capite and Military Men began to grow poor and beggerly and had by Law [5] Magn. Chart. c. 32. leave to Alienate what part of their Estates they would leaving sufficient to perform the Services which belonged to the Fee they began to think of * History f. 6â—7 A. B. Representatives to save charges in going to and Attendance at Parlements and by several [6] See Glossary to my Introduction c. â— 62. c. c. undue Practises and Laws to force the trouble and vexation as it was then esteemed of serving and waiting at Assises Sessions and County Courts upon Men of mean Estates and meaner Understandings Parts and Abilities These Trials for Lands before the County and Hundreds are often to be seen in Domesday Book and in the old Registers Leigers or Couchers of great Monasteries as of Ely Ramsey Bury Abendon Glastonbury c. with the manner how they were recovered the Testimony of the County or Hundred and by such Jurors as most frequently knew the Matter of Fact The Great Matter of Inquiry then was Who had been possessed and who was possessed of the Land or Thing in Contention for by that they most frequently judged of Right For no Estate then passed by private Bargain only but there were some public Circumstances and Ceremonies performed which made the passing of Estates from one to another very notorious and especially those of Investiture or as it was called when much in use Livery or Seisin or when the Charts and Deeds of
c. Lincoln f. 336. b. Col. 2. Stanford the Kings Burgh in the Wards there are 77 Dwellings for Sochmans who have their Lands in Demeasn or in their own Power and may choose any Lord or Patron where they will Upon whom the King hath nothing but the pecuniary punishment of their faults Heriots and Tol. Eiam Tenuit Edricus c. huic Manerio pertinent xlviii Socmanni cxxi acr Terrae ex his Socmannis xxvii in Dominio c. These Socmen were fixed to the Soyl. Sudfulc f. 319. b. Sochmanni de Residene et Irencestre et Rand fuerunt homines Burred et iccirco G Episcopus Clamat hominationem eorum Northantshire Terra Willielmi Peurel This VVilliam was the great Possessor in these Towns And Burred the Saxon before the Conquest was Patron or Lord of the Socmans in them Towns and Geofrey Bishop of Constance had his Land and Title after the Conquest In Bertone tenet Willielmus de Cahanges ii Hid. hanc Terram tenuerunt quatuor Sochmani homines Wallef Comitis horum Duo Tenuere 1 Hid. ii Virgat Dimid sed recedere sine licentia ejus non potuerunt alii vero duo dare vendere Terram suam potuerunt Domesd f. 201. b. Col. 2. here are different Conditions of Socmen Quaere whether the free use of the Land might not be the Commendatio and Liberty to sell the Land and recede might not be the Soke meant in in the other places as contra-distinct to Commendation I find in the History of the Church of Ely in the hands of the Learned Doctor Gale p. 210 b. these passages in a Catalogue of the Lands deteined from the Monastery of Ely which belonged to it in the time of King Edward and the names of those that deteined them Walterus miles Hugonis de Monteforti ten Terram duarum Carucarum in Maraham Walter the Knight of Hugh Montfort possesseth two Carucates of the Demeasnes of the Monastery in Maraham Willielmus de Warenna tenet 45 Socamans in Feltewella qui quoties Abbas praecepit in Anno arabunt suam Terram Colligent purgabunt segetes adducent mittent in Horrea portabunt victum Monachorum ad Monasterium quoties eorum equos voluerit ubicunque sibi placuerit toties habebit Et ubicunque forisfecerit Abbas foris facturam habebit de illis similiter qui in eorum Terra forisfecerit That is William de Warenna holds 45 Socmans in Feltewell who as often as the Abbat Commanded Ploughed his Land and were to weed and bind his Corn to carry it into the Barn to carry the Monks Victuals to the Monastery and as often as he would and whither he pleased he had their Horses and wheresoever they forfeited that is were liable to a penal Mulct he had the forfeiture and of those that forfeited upon their Lands Supradictus Walterus cum eo Durandus Homines Hugonis de Montifâ—rti tenent 26 Socamanos supradictae consuetudinis in Maraham The abovesaid Walter and with him Durand another Knight The Men of Hugh Montfort held twenty six Socmans in Maraham of the foresaid Custom In Domesday Book the Entry of the last Clause is thus Nordfulc Terra S. Aldred in Clachelose Hund. Dimid In Maraham Tenuit S. Aldred c. Huic Manerio adjacebant T. R. E. xxvii Socheman cum omni Consuetudine sed postquam Rex Willielmus advenit habuit eos Hugo de Monteforti praeter unum What some Socmen were near two hundred year after the making of the Survey we may see from the Book of the Survey of the Priory of Spalding in Lincolnshire fol. 7. a. Haec sunt servitia Consuetudines Sokemanorum Prioratus de Spalding Recognita in Comitatu Lincolinensi Debent in quadragesima per tres Dies arare si Caucas junctas habeant accipere semen ad orreum Prioris ad terram portare illud seminare cum equis suis Herciare proprio cibo suo Debent tres praecarias in Autumno cum falcibus suis cibo Domini Item debent tres Carectas de Ros tres de Byndinge Karetandas in curiam Domini cibo Domini Item si habuerint quinque Porcos superannatos debent eligere primum ad opus suum Dominus Eliget secundum ita erit de omnibus quinque Quoquot fuerit excepta Sue Matrice Si habeant Porcum superannatum non habent quinque de quolibet habebit unum Denarium de Porco qui non est superannatus unum obolum Item debent Auxilium Domino suo semel in Anno Salvo Gainagio suo Item debent Ire apud Beltisford cum equis suis Saccis Brocha ducere Bladum usque ad Granarium Spaldinge suis proprii expensis Item debent pro Astro suo annuatim vii Denarios Item debent de qualibet Caruca sua juncta inter Purificationem Beatae Mariae et Festum Sancti Butolphi ii s. iv d. Item non possunt Terram dare nec vendere uisi licentia Domini Prioris Item non possunt placitare per Breve Domini Regis de Sokagio nisi licentia Domini Prioris Item non possunt Pullum suum Masculum natum de Equa sua vendere nisi per licentiam Domini Prioris Item debent alleviare filias suas Nomina eorum quorum huic scripto sigilla apposita sunt Sigillum Domini Willielmi de Albeny Domini Galfridi de Sancesmare Domini Walteri de Coventre et Domini Johannis Bonet tunc Vice-Comitis Lincol. et Domini Alexandri de Poynton et Domini Willielmi de Welle This Recognition was made in the County Court of Lincoln in the time John Prior of Spaldinge who was Elected in the year 1252. and died 1273. as appears by the same Book speaking of him Convicit etiam Sokemanos suos de Pynchebeck Weston Multon suos esse Rusticos qui ei Debita Servitia sua et Consuetudines denegabant in Libertatem proclamantes per Sacramentum Duodecim Militum Die Tertia ante festum Sancti Gregorii Papae apud Lincoln Ibid. fol. o. a. These are the Services and Customs of the Sokemen of the Priory of Spalding found by Inquest or Jury in the County Court of Lincoln they ought to Plough three days in Lent if they had Ploughs and Horses To take Seed at the Priors Barn to carry it to the Land to Sow it and Harrow it finding themselves Victuals they ought to labour at the three Reaping Days in Harvest upon the summons of the Lord he finding them Victuals Also they ought to carry three Loads of Thatch and three Loads of Binding to the Lords Court he finding them Victuals Also if they had five Hogs above a year old they might choose the first to their own use and the Lord the second and so it should be of every five the old Sow excepted if they had Hogs above a year old and not five the Lord was to have
38 40. German Laws Ll. Saxon. c. 1. Anglor and Werin Tit. 1 2 3 4 5. Ll. Boioar. Tit. 3. Addit Ll. Fris Tit. 3. throughout Trespasses ibid. Tit. 4 5 7. Boioar. Tit. 9 10 11. throughout Ll. Inae c. 42. Injuries Ll. Anglor Werin Tit. 12. Ll. Wisigoth lib. 8. Tit. 3 and 4. Salic Tit. 18. Alam Tit. 81. Ll. Longobard lib. 1. Tit. 17. § 1. in ours Ll. Canut c. 16. Ll. Inae c. 9. and in many other English Saxon Laws in all these the Laws were the same though different in the Mulcts or Penalties From these we proceed to a parallel between the possessionary Laws of the English-Saxons and the Germans that is The Law for entring upon and taking away another Mans Estate was Restitution and Punishment Theoderic began his Reign An. 495. Taking away another Mans Goods was Theft the Laws by which they held what they possessed either Lands or Goods or the Laws of meum and tuum If any Man seized or took away anothers Goods or Estate he commonly made restitution and suffered a Mulct for breach of Peace Ll. Alured c. 16. Edict Theoder c. 10. Capit. Car. lib. 5. c. 204. Ll. Wisigoth lib. 8. Tit. 3 and 4. but seizing taking or deteining other Mens Goods was in these Ages reputed a sort of theft and the Law was accordingly These Mulcts were paid in Cattel and other Goods valued at a certain rate both here and in Germany Ll. Alured c. 10. Ll. Saxon. Tit. 18. The Rates how the Germans valued their Good do here follow as expressed in their Laws Solidus est duplex unus habet duos tremisses qui est bos Anniculus 12 Mensium vel ovis cum agno Alter solidus 3 tremisses id est bos 16 mensium The Rates of the German-Cattel and Grain majori solido aliae compositiones minori homicidia componuntur Westfalaiorum Angrariorum Ostfalaiorum solidus est secalis * Lindenbrogius Interprets this Word no otherwise then that he sayes it was an usual Measure amongst the Germans and certainly was no more if so much as our Bushell Sceffila 30 Ordei 40 Avenae 60 quadrinius bos 2 solid 2 boves quibus arari potest 5 Solid Bos bonus 3 Solid Vacca cum vitali Solid duo semis That is there is a two-fold Shilling one of two Tremisses or Thirds that is eight pence which is a yearling Steer of 12 Moneths the other Shilling of Three Tremisses or three thirds which was Twelve pence that is Solid 12. dena capit lib. 8. a Steer 16 Moneths old other Mulcts or Compositions were paid by the Great shilling those for Homicide or Mankilling by the Less The Shilling of the Westfalians Angrarians and Ostfalians was * Lindenbrogius Interprets this Word no otherwise then that he sayes it was an usual Measure amongst the Germans and certainly was no more if so much as our Bushell 30 Scheffils of Rie 40 of Barley and 60 of Oates A Steer 4 years old 2 Shillings 2 Plough-Steers 5 Shillings a good Oxe 3 Shillings a Cow with her Calfe 2 Shillings and halfe And more clearly in the Ripuarian Laws Tit. 26. § 11. Si quis Weregildum solvere debet bovem cornutum videntem sanum pro duobus solid tribuat vaccam cornutam videntem sanam pro uno solido tribuat The Rates of Horses Of Armes equum videntem sanum pro 6 solid tribuat Equam videntem sanam pro tribus solid tribuat Spatham cum scogilo pro 7 solid tribuat spatham absque scogilo pro tribus solid tribuat Bruniam bonam pro 12 Solid tribuat Helmum cum directo pro 6 solid tribuat Banibergas bonas pro 6 Solid tribuat scutum cum Lanceâ pro duobus solid tribuat Of Hawks Acceptorem non domitum pro 3 solid tribuat Commorsum gruarium pro 6 solid tribuat Acceptorem mutatum pro 12 s. tribuat That is he who ought to pay his Weregild may give a horned sound and seeing Steer for 2 s. a horned sound and seeing Cow for 1 s. a seeing and sound Horse for 6 s. A Mare of like condition for 3 s. a Sword with a Hilt or Handle for 7 s. a Sword without a handle for 3 s. a good Coat of Mail for 12 s. An Helmet without a Beauvoir or Belvoir for 6 s. Armor for the Thighs for 6 s. a shield or Buckler with a Lance for 2 s. an untrained Hawk for 3 s. a Crane-Hawk for 6 s. a Mewed-Hawk he may give for 12 s. An Insolvent Freeman entred into Servitude An Insolvent Servant or Slave was Whipt c. If a Freeman had not wherewithal to satisfie he entred into servitude while he had given satisfaction Ll. Longobard lib. 1. Tit. 14. c. 10.13 Capit. 3. Tit. 67. Ll. Alured cap. 10. Ibid. Tit. 25. c. 60. Faed Ed. Guth c. 7. If a servant or slave and could not pay or his Patron would not pay for him he was Whipt Cudgelled or Beaten with so many lashes blowes and stripes as the Law directed Ll. Inae c. 49. Faedus Ed. and Guthrini c. 7 8. Ll. Ethelstani c. 19. and in the German Laws in places sans number Every where The Punishments and Rates for all Faults were set down in a Book kept by the Magistrate The Germans had a Doom-Book wherein was noted the Composition every Man was to make to the Person Injured and to the Emperor for Breach of Peace These Mulcts for all these Offences were set down in a Book which was the rule or standard of the Judges Sentence 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Ll. Edovar in praefat and as it stands in their Dome or Judgment-Books again 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Let them compound or give satisfaction as the Judicial or Doom-Book says Ib. c. 8. So in the German-Laws Comes secum habeat librum legis ut semper rectum judicium judicet de omni causâ quae componenda sunt qui contra legem fecit componat sicut lex habet donet comiti illi Wadium de fredo sicut lex est Ll. Boioar. Tit. 15. § 2 3. that is the Earl Count or Governor of the County Comitatus in the former Paragraph shall have the Law-Book with him that he may always Judge right Judgment That in every case he that doth contrary to the Law may compound for such things as are to be compounded for according to the Law as the Law hath it or as it is in the Law-Book and let him give to the Earl Security or Pledge for the Peace as the Law is And as there was the same design and contrivance in their Laws and Punishments so was there the same ways of Purgation or Clearing themselves from supposed false Accusations or such where the proof was not evident or no◠thought sufficient or in dubious Cases and Titles By (a) Somn. Glossar in verbo Ordeal What. And what the Tryal was Ordeal from
of any Crime and had no Compurgators no Consacramentales or Conjuratores to Swear with them [7.] Ll. Canut Part. 1. c. 5. Gato Corsnaed let him go to the Tryal of the Decretory or Execrated Morsel The manner of giving this Barly-Bread or Morsel of Cheese Marculph 8. delivers thus After the Litanies and Offices for this purpose and the Barly-bread or Cheese Sanctified [8.] Form fol. 1037.1038 and Exorcised and the Accused Person Acceperat Communionem had received the Communion it was offered with this or such like Form of words there mentioned Ad adpositam ei pro ostentione veritatis creaturam panis sanctificati vel casei faux ejus claudatur guttur ejus stranguletur in nomine tuo ante id rejiceretur quam devoretur innoxius vero inscius sobrie ad salubritatem sui cum omni facilitate hanc partem panis vel casei in nomine tuo Signatam manducando diglutiat Vt sciant omnes c. That is Let his Jawes be shut against the Creature of Hallowed Bread or Cheese which is forced upon him for the demonstration of Truth Let him be Choaked and in thy Name let it be cast up again sooner then swallowed but if he be Innocent and knows nothing of the Theft Murder Adultery or Wickedness wherewith he is charged let him with ease and health swallow this Morsel or Piece of Bread or Cheese Signed in thy Name Why our English Saxons called it Corsned Cursed Particle and Morsel or Execrated Bread when as from Marculph 't is clear it was usually Hallowed and Consecrated I know not unless from the wishes in the beginning of the Form at the forcing it upon such as were to undergo the Tryal or that they believed it proved a Curse sometimes to them From these we pass to the Lawes concerning the Germans and English-Saxons Real Estates their Lands and Titles how they held and claimed them And these were but very few considering the multiplicity of the other both here and in Germany Battel or Duel Faed Edovard and Guthrin c. 9. Ll. Ethelstan c. 7.21 23. Ll. Inae c. 55. Canut 20. Ll. Frison Tit. 3. § 1 2 3 4 5 6. Tit. 14. § 3 4. * Fire Ordeal Capit. Car. in append Secunda lib. 4. n. 3. n. 33. Add. Lud. lib. 4. Tit. 80. Ll. Angl. Tit. 15. Frison Tit. 5. § 1. Mr. [9.] Gavelk fol. 112. Somner sayes There were but two sorts of Tenures here in the Saxons times before the Conquest [1.] Ll. Ed. Sen. c. ll Bockland and Folkland to which two all other sorts of Land might be reduc'd Bockland as [2.] Gloss in verbo Terrâ ex Scripto Bockland and Folkland What Lambert sayes was free and hereditary and was a possession by Writing the other without That by Writing was possessed by the Free or Nobler sort that without called Folkland was holden by paying Annual Rent or performance of Services and was possessed by the Rural People Rustick's Colon's or Clowns In those times these Writings [3.] Spelm. Concil fol. 319 A◠800. Concil Clovisho c. 2 3 6. were called in Latin Libelli terrarum Landboc's and Telligraphia and Livery and Seizin was then made and given by [4.] Somner ut supra p. 12 13. delivery of a Turfe taken from the Land with the Writings This Bockland could not be alienated without [4.] Somner ut supra p. 12 13. the Kings consent it was a Royal Prerogative in the King only to grant it and it was forfeited also to the [5.] Ll. Etheldred p. 1. c. 2. King by him that deserted his Lord either in a Sea or Land-Expedition This was called Terra testimentalis hereditaria Land inheritable and Deviseable by Will Unless the first purchaser or acquirer by Writing or Witness had prohibited it And then it could not be sold or disposed of from the [6.] Ll. Alured c. 37. Bockland and Allodium nearest Kindred This Bockland was of the same nature with Allodium in Doomesday holden without any payments nor chargeable with Services to any Lord or Seigniory and though the Name was almost quite lost yet the thing remained under the name of Allodium and the Lands possessed by the Allodiarii mentioned in Doomesday Somner Gavelkind p. 120 121 122 c. yet these Lands holden in Allodio or Alodium were not altogether free but subject to the general Land-Tax of Hidage as all other Lands were As appears in Doomesday-Book in all places where Alodium is mentioned As in Hantescire in Tit. Terra Hugon de port idem ten Cerdeford Willielmus de eo duo liberi homines in Allodium tenuerunt Tempore Regis Edwardi T.R.E. tunc modo Geld. pro 5 Hid. fol. 44. b. in Bermesplet Hund. Ipse Hugo ten Dummere unus homo suus de eo Alric tenuit de R. E. in Allodium tunc modo se defendit pro 5 Hidis fol. 45. b. That is Hugo de Port holds Cedeford and William of him two Freemen held it in Alodium in the time of King Edward then and now it gelded that is paid Geld or Hidage after the rate of 5 Hides c. And not unlike these Lands holden in Alodio were and are those in Normandy of the same Tenure Les terres de franc Alleu sont celles qui ne recognoissent superieur in Feodalite ne sont Sujetts a faire ou payer aucun Droits Seigneuriaux Reform Custum Artic. 102. That is Lands of Franc Alleu or free Alode are such as acknowledge no superior in feudality and are not subject to do or pay any Seigneural Rights Godefroy upon this Article says that these Lands notwithstanding their Freedom were subject to the Justice Royal or Justice of the place where they lay and might be confiscated Confiscation being an Appendant or fruit of Jurisdiction and therefore 't is added here in Feodality to shew it was exempt onely from Superiority and Jurisdiction Seigneural so that the Possessor might sell and dispose of it at pleasure without leave of any Lord or Superior Much of this Land there was in the Diocess or Viconte of Bajeux where Odo was Bishop who was also Earl of Kent here after the Conquest Berault fol. 714. and there was also the Custom of Gavelkind and 't is probable many of the People under his Jurisdiction in Normandy might translate themselves into Kent and bring those Customs with them But besides these two Saxon Tenures there are Lands and Possessions mentioned by other Names in our Saxon Laws as Gafolland Rent-Land or Farme-land Foedus Alured and Guthr c. 2. Gafolgylden hus an House yielding or paying Rent or Gable Ll. Inae c. 6. Inland There are also mentioned Inland or the Lords Demeasnes which he kept in his own hands and Neatland which is called Vtland or Outland Utland or Outland in [7.] Lamb. peramb. Kent p. 495.1 Edit Spelm. Gloss in verb. Byrthrics Will Terra Villanorum and
was let out to Country-Men or Villagers aegder of Thegnes inland ge of Neatland either of the Lords or Thanes Inland or Demeasnes or the Country-Mans Villagers or Villans Land Gafolland Neatland and Vtland as Mr. [8.] Gavelk p. 14.115 Spelm. Gloss in verbo Somner truly informs us were opposed to Inland or Demeasne Lands and were Lands granted out for Rent or Service or both and reducible to Folkland and 't is very probable they were the same or of the same nature for that in the Laws where they are mentioned it appears they were always occupied by Ceorls Churls Country-men The Names of ordinary People Colons or Clowns by Gebures Boors Rustic's Plough or Husbandmen or by Neates and Geneates Drudges Villanes or Villagers These three Saxon words being almost of the same signification though very different in sound were always applied to the ordinary sort of People called by us Folke at this day [9.] Gavelk ut supra Saxon Lands held by Military-Service Inland he thinks to be the same with Bockland or at least of the same condition or reducible to it Yet besides these Lands there were other Lands also which were holden by Military or Knights-Service called then Feoda or Beneficia Fees or Benefices Such were the feudal-Feudal-Lands of Ealdormen Thanes and less Thanes or as they were afterwards called Valvasors which they had of the King's Gift for personal Attendances Military Services or as Governors of Provinces Counties or Towns for which see Selden's Titles of Honor Part. 2. c. 5. n. 3 4. and that there were such Lands as well in the hands of the Lower sort of the Nobless and Gentlemen as of the greater Noblemen is further clear by undeniable testimony from the Saxon Laws and Doomesday * Legalis Homo or Militaris Homo the Judicious Dugdale thinks Sithesocha signifies Curia libera legalium hominum or Militarium hominum a Court of Military or Legal-Men but perhaps the word may more aptly be translated the Court-Liberty or Jurisdiction of a Sithe Gesithe or Sitheman in such part of a County like our Hundreds where also he had a Military-Power to lead the People out to War as appears by the Saxon-Laws and might be then Captain That yle man haebbe aet thaer Sylh Twegen pel gehorsaede men Ll. Aethelstan c. 16. Every Man for a Plough shall have two well-furnished Horsemen They who were to find these Men had the Land given them for that purpose for 't is not to be thought that a Country-Man that paid any considerable Rent could do it If a (a) A Sithcundman what he was Mr. Somner in his Glossary derives this word from Sith or Gesith Comes vel Socius a Ruler or Governor and Cund Kind as it signifies the condition and quality of any one and Mon Man that is a kind or sort of Comes Governor Judge or Praefect He was esteemed equal to a Thane by the valuation of his Life in Aâ—thelstane's Laws Sithcund-Man refused his Service in the Army or a Military Expedition he Forfeited his Land c. Ll. Inae c. 52. Now we do not read of Land any where forfeited in such case unless it be Feudal Land and such as was given by a great Person Lord or Signior to his Vassal or Feudatarie for the performance of the Military Service agreed on between them Again if any Man was killed fighting in Battel by or in the presence of his Lord or Patron his Heirs succeeded in Lands and Goods without paying an (c) De weris where they are both equally valued at 2000 Thrymsas Thrymsa or Groates Thrymsa not being 3 Shillings as Lambard Interprets it but only a corruption of the Latin Tremissis which often occurs in the German Laws and was the third part of a Shilling or 4 d. Ll. Alaman Tit. 6. §. 3. Saiga autem est quarta pars Tremissis hoc est denarius unus Tremissis est tertia pars solidi sunt denarii quatuor the Germans sometimes reckoned the values of their Goods by Tremisses optimus bos 5 Tremisses valet medianus 4. Ll. Alaman Tit. 27. and so frequently in the Laws of the West-Goths The Office of a Sithcundman His Office or Place of Trust seems to have been the same or much like that of a Centgrave or Hundredarie for many small Territories or parts of Counties which we now call Hundreds were antiently reteining the Saxon expressions called Sithesocks as the Hundreds of Knightlowe Kineton and Hemlingford in Warwickshire were 16 Hen. Secundi called Sithesocha de Cnutchlelawa Sithesocha de Chinton Sithesocha de Humliford Dugdale's Antiq. Warwickshire fol. 2. col 2. fol. 297. col 1. fol. 636. col 1. Soke being interpreted a Court Liberty or Jurisdiction where Pleas were holden and Sithe Gesithe Sitheman See Lageman in Glossar or Sithcundman Heregeat or Heriot Ll. Canut c. 75. which word Heregate or Heriot Brompton expounds by Relevatio a Reliefe col 931. and so likewise it is turned in Edward the Confessor's Laws where we have this very Law cap. 35. Tit. de Heretochiis And these Heregeats Heriot and Reliefe the same or Hereots Ll. Canut c. 69. were certain Arguments of Feudal Lands or Tenures in Military or Knights-Service They being due to the Lord or Patron upon the death of his Vassal and besides Horses and Money consisted in certain Warlike Instruments and Furniture given up and brought into the Lords Armory there to remain for his use and defence when there was occasion An Earls Heriot The Earls Heregeat was 8 Horses 4 Sadled 4 Vnsadled 4 Helmets 4 Coates of Maile 8 Spears as many Sheilds 4 Swords and 200 Marks in Gold which payment in Money I take to be the Reliefe rather for the Earldom that differing from the Heriot or Heregeat as Sir Hen. Spelman Mr. Somner and others do in their Interpretation of those words tell us The Heregeates or Military preparations of the King's Thanes or Barons Middle Thanes and Lower Thanes all Military Men of inferior degrees follow in proportionable order for which see the Law above-mention'd From these we proceed to the Laws of Edward the Confessor in which if their Credit be as great as their Fame the Tenures by Knights or Military-Service is fully and clearly set forth and described Ll. 35. Tit. De Greve All Freemen of the whole Kingdom according to their Estates Goods and Possessions and according to their Fees and Tenements ought to have Arms and keep them ready for the defence of the Kingdom and Service of their Lords as the King shall command And Moreover Birtrick the Rich Saxons Will A Rich Saxon gave Money to have his Will confirmed In a Rebellion of Earl Godwin and his Sons against the same King he and his Son Harold were commanded Servitium Militum quos habebant in Anglia Regi contradere To deliver up or pass over to the King all their Military or Knights-Services they had in England Malmâ— fol. 46.
be as antient as Gafoland however we find it in the German Saxon Laws Tit. 14. § 2. Tit. 16. This sort of Land and Alodium was the same with the Germans as appears by the Ripuarian Laws Tit. 56. de Alodibus § 3. While any of the Masculine Sex remains a Woman shall not succeed in the antient Inheritance Ll. Anglor Tit. 6. de Alodibus § 1. Haereditatem defuncti filius non filia accipiat The Son not the Daughter shall receive the hereditary Estate of his dead Father And § 5. Ad quemcunque haereditas Terrae pervenerit ad istum vestis Bellica i. e. Lorica debet pervenire The Habiliments of War went with the Land To whomsoever the Inheritance shall come the War-like Garment and Habiliments ought to descend likewise and § 8. After the fifth Generation the Daughter may succeed and then the Inheritance passes from the Lance to the Distaff This whole Title and Law seems to be concerning Feudal Lands ibidem Tit. 13. libero homini licet haereditatem suam cui voluerit tradere A Free-man may dispose of his Inheritance to whom he will Ll. Salic Tit. 62. de Alode § 6. de Terra vero Salicâ nulla portio haereditatis mulieri veniat sed ad virilem sexum tota terra haereditas perveniat No part of the Inheritance of Salic Land shall descend to a Woman but the whole Inheritance of the Land shall come to the Males Ll. Alaman Tit. 92. de haereditate c. § 1 2. Courtesie of England brought from Germany Si quae mulier quae haereditatem paternam habet post nuptum praegnans peperit puerum in ipsa horâ mortua fuerit infans vitus remanserit aliquanto spatio vel unius horae ut possit aperire oculos videre culmen domûs quatuor parietes posteà defunctus fuerit haereditas materna ad patrem ejus pertineat Et tamen si Testes habet pater ejus quod vidissent istum infantem oculos aperire potuisset culmen domûs videre quatuor parietes tum pater ejus habeat licentiam cum lege ipsas res defendere Si autem aliter cujus est proprietas ipse conquirat That is if any Woman which hath a paternal Inheritance after marriage bring forth a Child and dyes in Child-birth and the Child remains alive for some short space so as it can open its eyes and see the top of the House and the four Walls and afterwards dieth the Father shall enjoy the Mothers Inheritance and if the Father hath Witnesses which saw the Infant open the eyes so as it could see the top of the House and the four Walls then his Father had liberty to defend his Title by Law But if otherwise he may obtain it whose propriety it is This certainly is that which we call the Courtesie of England and which the Lawyers call Lex Angliae and Littleton in his Tenures Sect. 35. says this this Custom was used in no other Realm than in England only yet Sir Edward Coke upon this Author fol. 30. reports it to be used in Scotland and Ireland also Feudal Tenures from Germany We shall now further enquire after the Feudal Land and Tenures amongst the German Nations to whom 1 De Jur. Belli pacis lib. 1. c. 3. §. 23. n. 1. Grotius says they were proper and that they were no where to be found unless where the Germans placed themselves but besides this Testimony of Grotius they are often found mentioned in the German Laws by the name of Beneficia which as 2 In verb. Hottoman observes were the same with Feuda and Beneficiare the same with Infeudare or Feudum alicui tribuere Capit. Car. lib. 3. c. 71. Quicunque beneficium principis habet non pergit in exercitu honorem suum Beneficium perdat Whosoever hath a Fee from the Prince and goeth not forth in his Army shall lose his Honour and Fee ibidem lib. 1. c. 132. Omnes Episcopi Abbates Abbatissae Optimates Comites ceu domestici cuncti fideles qui Beneficia regalia tam de rebus Ecclesiasticis quam quae de reliquis habere videntur unusquisque suam familiam suo beneficio nutricare faciat c. All Bishops Abbats Abbesses great Men Earls or Domesticks and all Vassals that have Royal Fees as well of Church Lands as of others shall maintain their own Families and such as belong to them upon or with their own Fees c. again lib. 3. Cap. Car. c. 19 20. the Emperor takes notice that many of his Earls and other Vassals cheated him of his Fees by giving or granting the Propriety of them to others and then by purchasing them again in ipso placito in the publick Court acquired to themselves an Inheritance and in many other places there are provisions made for the ordering of these Fees or Beneficia And Vassi dominici comitum Ducis Episcoporum Imperatorum Regis and ad Marchiam custodiendam constituti are to be found in most of the German Laws Now 3 Hottom in verb. Feud in verbo Vassus was such an one as having received a Fee or Beneficium obliged his Faith to the Author or Donor of it and is indeed the same with Feudatarius and Beneficiarius The reason why in these antient times we find few Laws concerning Fees or Beneficia or that we want a just account of them is because the Feudal Law was then contained only in Customs 4 De feud disput l. 871. and usages and not written until the time of Frederick the First Anno Domini 1158. Radev invitâ Fred. 1 mi lib. 2. c. 7. n. 30. Yet somewhat before this time there is extant a notable Feudal Constitution of Conradus Salicus who 5 Wippo in vit Chunrad fol. fol. 423. n. 20. fol. 424. n. 40. was chosen Emperor in the plain between Ments and Worms in Germany and began his Reign Anno Domini 1024. amongst the Laws of the Longobards lib. 3. Tit. 8. L. 4. Conradus Dei Gratia Romanorum Imperator c. Praecipimus firmiter statuimus ut nullus Miles Episcoporum Abbatum Abbatissarum Marchionum vel Comitum vel omnium qui Beneficium de nostris publicis bonis aut de Ecclesiarum praediis nunc tenent aut tenuerint Conrades Constitution about Fees aut hactenus injustè perdiderint c. Conrad by the Grace of God Emperor of the Romans We command and firmly injoyn that no Miles Knight or Horse-man of Bishops Abbats Abesses Marquesses or Earls or of any which hold or have held a Benefice or Fee of our publick Lands or the Farms of the Church or have unjustly lost them as well our great Valvasores or Feudataries as their 6 Miles Vassallus Synonyma Hottom in verbo Milites or Vassals without a certain or evident fault shall lose his Fee unless according to the Custom of our Ancestors and the
judgment of his Pares Peers c. That their Sons and Grand-children should succeed in their Fees observing the antient Custom of giving their Horses and Arms upon every Succession to their Lords or Patrons Also in the same Laws there is extant another Constitution of Lotharius Lotharius his Constitution about Fees Tit. 9. lege 9. dat 6. Novembris 1036. made at the request and desire and by the Council of his Arch-bishops Dukes Marquesses Counts Palatines and the rest of the Nobility for restraining Vassals from aliening and embezling their Fees and Beneficia without licence of your Lords by which means the Service of the Empire had been much impaired and neglected and the profit and advantage of their Lords much diminished 7 Gryph de Weickbild Saxon. c. 42. n. 12 13. These Fees although they received another Form under Charles the Great and in Germany under Conrad the First yet their Original is not to be attributed to them and being much more Antient of right belongs to the Longobards But whither their Origin was from the Longobards or not certain it is these Tenures and Lands were amongst the Franc's a German-people in France some Centuries of years before Charlemagne for Clotharius by his Edict 8 Vales rerum Francicar Tom. 3. fol. 7. Anno Domini 615.15 o Calend. Novemb. 31 o Regni sui Parisiis confirms to all persons their Beneficia or Fees which had been granted to them by his Predecessors or himself It appeareth further for the Antiquity of Feudal Customs 9 Ib. fol 254. Anno 668. The noble Franc's married not their Daughters without the Kings consent That the Noble-men of France who held Fees or Benefices of their Kings dare not Marry their Daughters without their consents and long before that it was usual for the 1 Ib. Tom. 2. fol. 6. Anno Domini 565. Their Children were educated in the Kings Court. Franc's to send their Children when grown up to the Kings Court and to Noble-men to be educated in liberal Arts and War-like Exercises This without question was a feudal Custom and by this way of Education the Prince had two Advantages as our 2 Ib. fol. 438. Author observes first that these young men were Pledges of their Fathers Fidelity towards them and then that the Nobility were accustomed to their Kings in their tender years and learnt how to revere and love them as their Parents in whose Court they had been educated From hence we may with great probability conclude that in these times the greatest parts of the Lands in France and old Germany were beneficia or feudal Lands and holden by Military and other publick Services the Alodia or Lands of Inheritance being but few in respect of them nor were there many Land-holders especially of considerable quantities except the Noblest and Great men and they were only such as were Military men and executed publick Offices and Ecclesiasticks Not but their Mancipia and Servi their Slaves and Drudges might hold a Cottage and some very small parcel of Land at the will of their Lords as they did here in the Saxons time before the Conquest For that such there were here then we find in the Conquerors Survey from one end of it to the other under the Norman Names of Villani Bordarii Servi c. Take one instance for a thousand Easessa Tit. Terra regis Dimid Hund. de Harlava Hadfeldam tenuit Haroldus T. E. R. pro 1. Man viginti Hidis tunc L. Villani modo lx Tunc xix Bordarii modo xxx Tunc xx Servi modo xx11 c. of their Tenures hitherto We pass unto their Courts and Judicatories which if not the same yet were very much alike here and in Germany for as our English Saxons had their Scyregemote or Court The Germans had their County Courts so the antient Germans had their Provincial or County Placita Malls or Conventions for doing of Justice and they were held twice in the year Ll. human Edgar c. 5. or oftner leges polit Canut c. 17. So Capit. Car. l. 7. c. 96. Twice in a year Vt ad (d) Gryph de Weickl Sac. c. 66. n. 4. Mallus why so called ib. c. 65. n. 1.2 Fliccamburch It is called Mallus or Mallum from Ein Mahl signifying in Saxon a sign mark or token as a Stone a Tree a Perch or Pole a Cross a Hill c. at which the Mall or Courts were holden they being always kept at a certain noted place amongst the Saxons and so with us of which one instance for many in the County of Norfolk from a Writ or Commission of William Rufus upon a claim of the Abbat of Ramsey to certain Lands in Holme in these words Willielmus Rex Anglorum H. Camerario Salutem facias convenire consedere 3. Hundr dimid apud Fliccamburch c. this without doubt had been a noted place before the Conquest for the meeting of all or some of these Hundreds the place is upon an Hill about a Mile above the Town of Flitcham in the Hundred of Freebridge citra Lin in Norfolk on the West-side of the way leading from Flitcham to Shernborn now called Flitchamburgh or Burrow being a square plece of ground about an Acre ditched about with an old large Ditch about eight Miles from Holme where the Land in Controversie lay Mallum venire nemo tardat unum circa aestatem alterum circa Autumnum ad Aliud vero si necessitas fuerit vel si denunciatio regis urgeat vocatus venire nemo tardet No man shall forbear to come to the Mall or general Meeting of the Prince or County twice in a year about Summer and Autumn and if there be necessity or the Emperor denounceth by Edict another every one that is summoned shall come in As in England so in Germany the Bishop and Earl both sate in the County Court And as by those Laws of Edgar and Cnute the Bishop of the Diocess and Alderman or Earl were both to be there present to give mutual assistance each to other according to their several Functions and Offices in executing Justice So were they also to be both present in the German Malls or general Placita Addit 2. Car. ad Ll. Boioar. c. 10. Ll. Longobard lib. 2. Tit. 53. or 54. c. 1. These County Courts are much like the Sheriffs turns which were duely observed with us in former times County Courts every month in Germany Besides these there were as now monthly County Courts in every County and the like we find in Germany amongst the old Bavarians Ll. Boioar. Tit. 2. c. 15. § 1. Let there be Placita or Courts in the beginning of every month or every fifteen days to enquire into matters Infra illum Comitatum so as Peace may be in the Province and all Free-men shall meet at the appointed days which shall reside within the County whither they be the Kings Vassals or the Dukes all shall come
died He obtains many Victories over the Danes Scots and Irish Ibidem The Welch agree to pay him a yearly Tribute They are bounded with the River Wye This King obtained many great Victories over the Danes Scots and Irish and forced Constantine King of Scotland and Eugenius King of Cumberland to yield their Kingdoms he made the North-Britains or Welch to submit who assembling at Hereford agreed to pay him a yearly Tribute of twenty pound weight in Gold three hundred pound weight in Silver and 25000 head of Cattel as Malmsbury yet but 2500 as others and made the River (a) The River which passes by Hereford and not far from Chepstowe falls into the Severn Wye their utmost boundary he also subdued the (b) So called because they inhabited the West part of Britain which is now called Cornwall they are sometimes also called the South-Britains in respect of the Welch which were called North-Britains Western-Britains removed them from Excester which he strengthned with Walls and Towers Ibidem and confined them within the River (c) This River parts Devonshire and Cornwall and runs into the Sea by Plimouth Tamar as their utmost limit The Cornish with the River Tamar The Fame of this King filled all Europe and he married his Sisters one to Otho Son to the Emperor of Germany another to Hugh King of France Foreign Princes purchase his favor with Gifts a third to Lewis Prince of Aquitain a fourth to Harrold King of Norway all which and many other neighbouring Princes for to purchase his Friendship sent him great and very rich Presents but his noble and glorious Actions were sullied and blackened with the Death of his Brother Edwin if true as 't is storied That by order of Athelstan out of Jealousie of State he was put into a small Pinnace without either Tackle or Oars accompanied only with one Page with grief whereof the young Prince leaped into the Sea and drowned himself this Malmsbury thinks not to be true by reason of his great kindness to his other Brothers and Sisters and says the Story was only found in the Songs of former Ages and in no good Author his Grandfather Aelfrid knighted this King in his Childhood Athelstan knighted by his Grandfather Aelfred putting him on a Scarlet Cloak and girting him with a Belt set with Gems and a Saxon Sword in a Golden Scabbard He with the advice of his Bishops and great men (d) Most of the Saxon Kings Laws are Collections or Repetitions of other and former Laws they most commonly confirmed or new worded the old but made not many new Laws made many very good Laws for preserving Peace and the Government of his Country and some clearly Ecclesiastick The Punishment of Murther Pecuniary but amongst the rest established the (e) This Custom and manner of Punishment seems now very strange that Money should be a price of Blood and Murther nay for the Blood of Kings surely in these Ages Money was more valuable than we can easily imagine price of Murther or Man-killing from the King to the Peasant the Punishment of which at that time was Pecuniary not Capital or by Death which because it makes out the Usage of those times I shall particularly recite The price of the King's Life by the common Law of the English The Estimate of Heads or value of Lives from the King to the Peasant was 30000 (f) From the Saxon word THRIM Thrimsa what Thrim three or a third as Sir Hen. Spelm. in his Glossary who there thinks a Thrimsa was to the value of three shillings Somner in his Saxon Dictionary says it was a piece of Money or Coin of an uncertain value Selden takes it to be a third part of a Shilling Tit. hon fol. 501. whatsoever it was these Sums were a Poor Price and a slender satisfaction for Blood especially Royal and Noble Blood And therefore the learned Author of the Notes upon the Life of Alfrid thinks that willful malitious or clancular Murther was never Penal but only Manslaughter and that after it had been declared such by the Judges fol. 68. But see William the First his Laws Thrimsa's whereof 15000 were paid to his Kinred and 15000 to the Nation or People The Life of an Archbishop or Earl was valued at 15000 Thrimsa's to be divided as the former The Life of a Bishop or Alderman at 8000. The Life of a Field-Marshal Knight-Marshal or General 4000. The Life of a Mass-Thane or Priest and a Secular or World Thane 2000. The Life of a Peasant or Country-man by the Danes Law was 267 Thrimsa's The Life of a Welch-man if he grew so rich as to maintain a Family possess Land and pay a yearly Tribute to the King was valued at 220 Shillings but if he possessed only half of a Hide of Land then it was valued at 80 Shillings and if he did not possess any Land then at 70 shillings If a Churl or Rustick grew so Rich as that he became Owner of five Hides of Land his Life was valued at 2000 Thrimsa's or if his Sons or Grandchildren arrived to the same Wealth they were under the same Valuation The Morcians valued the Life of a Peasant at 200 shillings and the Life of a Thane at 1200 and they were wont to value the Kings Life equal with 6000 Thanes that is 30000 Sceates and so much his Death the price of his Life was paid to his Kinred and the Compensation of his Death to the People Edmund Edred A. D. 940. The Oath of him whose Life was valued at 1200 shillings was equal to the Oaths of six Peasants and the Oath of a Priest was equal to the Oath of a Thane Oaths valued according to Wealth Edmund An. Dom. 940. Saxon Annals A. D. 942. Takes Lincoln Nottingham Stanford and Derby Ibidem A. D. 944 945. He subdues Northumberland Gives Cumberland to Malcolm King of Scots A.D. 943 944. In the year of our Lord 940. Edmund Brother and Heir to Athelstan was crowned King in the second year of his Reign he cleared Mercia of the Danes and took from them the Cities of Lincoln Nottingham Stanford and Derby the two Danish Kings Anlaf and Reginald became Christians and had Edmund for their Godfather yet notwithstanding this Spiritual Relation and Sonship they soon prove his Enemies and invade him who put them both to flight and took into his own hands Northumberland and gave Cumberland to Malcolm King of Scots to hold of him by Fealty and upon condition he should assist him by Sea and Land About this time Odo or Oda Archbishop of Canterbury set forth Canons in the second whereof he admonishes the King and great men that they obey their Archbishops and Bishops with all Humility this King also with the advice of his Bishops and Lay-Nobility commanded and established many Laws He makes many Ecclesiastick Laws whereof many were purely Ecclesiastick after he had reigned
themselves into their own Countries THE PREFACE TO THE Norman History AS the Saxons that conquered England were a miscellaneous People Vid. lib. 1. Of the Saxon Story consisting of many German Nations that went all by the name of Saxons So also were the North Nort or * Berault in Cust Norm form fol. 2. Normans that first obtained that part of France now called Normandy a Collection of the several People that inhabited that great Tract called Scandinavia or Scandia [1.] Enginhart in vita Car. M. Cluver Antiq. Germ. l. 1. c. 11 which was the most Northern part of old Germany from whence their name as Inhabitants of it And it cannot want probability but that some of the more Southern and Easterly People of Germany their neighbours especially might also accompany them though those marine Enterprises were first thought of contrived and undertaken by the Normans under which name the Adventurers of other Nations were contained The French Normans likewise that conquered this Nation were assisted in that undertaking by the French Flemmings Brâ—tains Poictovins Anjovins and other Nations of France and some from Germany under great Commanders though perhaps most Volunteers and Free-booters brought together by the mighty [2.] Gul. Pict fol. 196. c. fol. 197. b. c. Fame of William Duke of Normandy were all called Normans and according to this diversity of Nations divers Laws Customs and particular Usages have been found here in France Normandy c. though in general the old German Laws and Customs which were most of them feudal did every where obtain as appears by the several old Charters of Emperors and Princes and Customaries of most of the Provinces and Towns of France and other Countries In the first part of the Saxon History I have endeavoured to shew what were the Laws and Usages of this Nation and from whence they were brought to us before the Conquest It follows in order that I say something of the Laws and Legal Usages after the Conquest Perfect Form of Law preceeding not known what it was in the Saxon times before I enter upon the Norman Story But as an exact and perfect Form of proceeding in Law Cases in the English-Saxon times before the Conquest [3.] In praesat ad Script 10. dat 10. Maii 1652. fol. 43. Mr. Selden saith is no where to be found so neither for a short time after doth the very exact way and manner of proceeding appear The times and places of such Decisions and before what Persons made are very evident both before and after the Norman Government but not the method of pleading in and managing of those Controversies Nor the Execution of the Sentence especially in Cases Civil are so very clear The Controversie between Lanfranc and Odo for Lands belonging to the Church of Canterbury The first Case we find after the Conquest and before the Survey or at least the compleating of (a) For there in the Manner of Estoches or Stokes under the Title of the Bishop of Rochester's Lands in Kent it is thus said Dirationavit illud Lanfrancus contra Bajocensem Episcopum inde est modo Saisita Roffensis Ecclesia Doomesday-book is the most famous Controversie between Lanfranc Archbishop of Canterbury and Odo Bishop of Bayeux in Normandy and Earl of Kent half Brother to the Conqueror by the Mother [4.] Eadmer fol. 9. n. 30. who by his great Power and Rapine amongst other Lands had possessed himself of [5.] Not. in Eadm fol. 198. n. 20. twenty five Manners belonging to Endowment of the Church of Canterbury and had also usurped many Priviledges and Customs appertaining to the same Lanfranc complains to the Conqueror and Sues for redress who directs his [6.] Append. n. 2. A Writ or Precept from William the First to the Nobility Commission Warrant or Precept to himself Goisfrid Bishop of Constance in Normandy (b) For Robert Earl of Ou and Hugh Montfort See in William the First Fol. 1 2. Robert Earl of Ou (c) Richard Son of Earl Gilbert [1.] Gemet lib. 8. c. 15. B C. Or de Tonebrige had as it was then reported by antient People Tunbridge in Kent in lieu of Brion a strong Castle in Normandy and a League or three Miles round measured out with the same Rope brought into England that the Precincts of Brion were being likewise three Miles round it He is sometimes called Richard de Tunbridge and sometimes Richard de Benefacta [2.] Script Norm f. 1085. or de Clarae [3.] Ib. Gemet l 8. c. 37. The Earls of Clare and Pembroke their Original He was Son to Gilbert Earl of Brion and Ou whose Father was Godefrid natural Son of Richard the First Duke of Normandy This Richard married Rohais Daughter of Walter Giffard from whom issued the Earls of Clare and Pembroke Richard Son of Earl Gilbert Hugh Montfort or de Monte forti and others his great men of England to summon his Sheriffs and by his command to order them to restore to the Bishopricks and Abbies all their Lands The Conqueror commands all Lands taken from Bishopricks and Abbies to be restored c. which by lenity or fear the Bishops or Abbots had granted away or which by Violence had been taken from them and if willingly they did not restore them that then they should constrain them to do it whither they would or not [7.] Selden 's Notes on Eadmerus from Textus Roffensis fol. 198. By Vertue of which Commission or Precept [8.] N. 10. Eadmer f. 9. n. 40. the chief men of the County of Kent and of other Counties of England were assembled on Pinenden (d) Now Pikenden Heath near Aylesford in Kent Si fuerint praemoniti ut conveniant ad [4.] Doomesday Tit. Kent fol. 1. col 2. Sciram ibunt usque ad Pinnedenam non longius If the men of the three Monasteries of the Holy Trinity St. Augustine and St. Martin that ought suit to the County Court were summoned to it they were to go to Pinnenden and no further which was the usual place where it was holden Heath where the Pleas or Controversie between Lanfranc and Odo continued three days and well it might for there Lanfranc recovered [9.] Ibidem twenty five Manners with their Customs and Appurtenances together with all Liberties and Customs of the Church of Canterbury which were in debate between the King and the Archbishop in this Plea [1.] Ib. f. 199. Lanfranc a Norman pleads his own Case and recovers twenty five Manners c. to the Church of Canterbury He recovers also the manner of Estoches or Stokes to the Church of Rochester Richard Son of Earl Gilbert Goisfird Bishop of Constance was Justiciary and in the place of the King or represented him Lanfranc pleaded his own Case and by the whole County it was Recorded and adjudged that as the King held his Lands Free and quiet in Dominico suo
Thomas in the Archbishoprick for there never was one of that name Archbishop but was his Antecessor in the Possession of the Soke of these ten Bovates of Land which Soke was Mortgaged or the Gage assigned to the Archbishop who was a Norman for three Pounds Ibidem Clamores in North-Treding Lincoliae In Limberge Clamat Ivo Tallebose super Regem vi Boxat Terrae Dicunt homines Comitatus quod ipse debet habere Terram Rex socam Very many more Pleas there are of Titles and for the Possession of Estates of different sorts before the Counties Hundreds Wapentacks Tredings or Trihings in the Conqueror's Survey but all between Normans and Normans or those and King William or between Bishops Religious and Ecclesiasticks and the King or Lay Normans who had seized Church-Lands and no Pleas of Titles between English Saxons or between them unless they were Church-men or Religious and Normans Nor no such fabulous Pleas as the pretended Plea of Sharnburn of which more afterwards From the Time of the Conqueror A Writ from William Rufus for assembling the County we proceed to the Reign of William Rufus and in the very beginning of it we find this Writ or Precept directed to the Sheriff of Northamptonshire [1.] Spelm. Gloss verb. Tain-land ex lib. de Rams Sect. 178. Willielmus Rex Angliae W. de * A Norman who came in with Conqu vid. Cataloge Cahaniis salutem Praecipio tibi ut facias convenire Shiram de Hamtonâ judicio ejus cognosce si Terra de Isham reddidit firmam Monachis Sancti Benedicti tempore patris mei si ita inventum fuerit si in Dominio Abbatis sit vero Tainlanda tunc fuisse invenietur qui eam tenet de Abbate teneat recognoscat Quod si noluerit eam Abbas in Dominio habeat vide ne clamor inde amplius ad nos redeat Teste (l) This was William de Carile former Bishop of Duresm and [4.] Malms de Gestis Reg. fol. 67. b. n. 30. Justiciary of England in the beginning of Rufus his Reign W. Episcopo Dunelm There is also another Precept of this King cited by the same learned Sir [2.] Glossar fol. 303. col 1. A Trihing Court Henry Spelman which runs thus Willielmus Rex Anglorum H. Camerario salutem facias convenire consedere tres Hundredas dimid apud (m) The place where the Hundred of Freebridge citra Lynn in Norfolk used to meet Flicchamburch propter Terram illam de Holm quae pertinet ad Ringstedam quam Abbas Ramesiae clamat ad victum vestitum Monachorum suorum si Abbas poterit respondere ratione Testimonio comprovincialium quod Antecessor illius eandem terram habuerit eâ die quâ pater meus fuit vivus mortuus Tunc praecipio ut illam Terram omnia quae justè pertinent ad Abbatiam suam pacificè honorificè habeat Teste (n) Roger Bigod was then neither Chancellor nor Justiciary of England but Earl of Norfolk in which County the Plea was held R. Bigod apud Wendesoriam To these may be added a Charter of Henry the First A Charter of Henry the First for holding County and Hundred Assemblies for the holding of County and Hundred Meetings published [5.] Glossar fol. 302. col 2. by the same Author Henricus Rex Anglorum (o) He was a Norman and Canon of Baieux made Bishop of [1.] Godw. de praes An. f. 509. Worcester 1097. Samsoni Episcopo (p) He is sometimes called Vrso de [2.] Doomes in Wircestreshire Wirecestre and sometimes Vrso [3.] Dugd. Baron f. 406. c. 2. Urso Vice-comes Vice-comes he being Hereditary Sheriff of Worcestershire came in with the Conqueror and had forty Hides of Land in Worcestershire besides two Lordships in Warwickshire and one in Glocestershire Vrsoni de Abitot omnibus (q) Barones here [4.] Vid. Spel. Gloss verbo Baro. are to be understood Milites such as held by Military-Service or Barones Minores Lords of Towns or Manners or perhaps Free-holders which if any then they were of better account before Town-ships Manners and Lands were parcelled but into small Divisions Baronibus Francis Anglicis de Wircestrescira salutem Sciatis quod concedo praecipio ut amodo comitatus mei [5.] Godw. de praes An. p. 233 Hundreda in illis locis eisdem Terminis sedeat sicut sederunt in Tempore Regis Edvardi non aliter Ego enim quando voluero faciam ea satis summoneri propter mea dominica necessaria ad voluntatem meam Et si quando exurgat placitum de divisione Terrarum Si interest (r) Noble men the King's Barons such as held immediately of him Barones meos Dominicos tractetur placitum in curiâ mâ—â si inter s Vavasores duorum Dominorum tractetur in comitatu hoc duello fiat nisi in eis remanserit Et volo praecipio ut omnes de comitatu eant ad comitatum Hundreda sicut fecerunt T. R. E. nec ramaneant propter aliquam causam pacem meam vel quietudinem here wants non habebunt I guess qui non sequuntur placita mea Judicia mea sicut tunc Temporis fecissent Teste R. (t) Richard de Beaumes a Norman consecrated 5. 1108. Episcopo Londinensi R. Episcopo Ranulpho Cancellario R. Comite de Mellent apud Radinge Henry the First reserves a Power for his own business to convâ—ne the County or Hundred at pleasure And reserves the Controversies of his great Barons to his own Court Here Henry the First reserves a Power of convening the Hundred and County when he pleased for his own proper Business And also reserves the Controversies of the great Barons that held immediately of him to be agitated in his own Court permitting the Trials between the Vavasors or greater Tenents of two mean Lords to the County This method of deciding Controversies and Variances was in use in Henry the Second's Reign as appears by this [6.] Dugd Orig Jurisd fol. 23. col 2. Writ (u) He was * Gul. Pictav 202. c. Son of Roger de Bellomont [6.] Gemet 3â—2 A. B. Robert Earl of Leicester who he was Grandson to Turolf of Pont Adomar by Weva Sister to Gunnora first Concubine then Wife to Richard the First Duke of Normandy Great Grandfather to the Conqueror Robertus comes Legecestriae priori de Ely Salutem Praecipio quod sine dilatione teneas plenum rectum Humfrido filio Gaufridi de terrâ Dunnigeland nisi sit feodum Militis nisi remaneat pro Assiza Regis Et nisi feceris Episcopus de Ely faciat nisi fecerit ego faciam Here the Earl of Leicester commands the Prior of Ely to do the Demandment right in his Court which was probably a Court Baron if not the Bishop should in his Superior
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
have been in that Language and the Law also otherwise they had said and done they knew not what especially when the Controversies were determined by Military-men Earls or Counts Sheriffs or Vicounts and Lords of Maners that understood not the English Tongue or when the Chief Justiciary himself was a Military-man as it often happened and understood only the Norman Language For this reason Why all Pleadings were in the French Tongue and no other it was that all Pleadings c. were in the Norman-French until by Act of Parliament in [9.] 36 Edw. 3. c. 15. Edward the Third's time they were appointed to be in the English Tongue but entred and inrolled in Latin save that the ancient Terms in Law might still be retained in that Language as being more apt [1.] Sir John Davis in his Preface to his Irish Reports and significant than in any other which seems to be no obscure Argument That the Laws of this Nation except such as have been altered or introduced by our Kings and great Councils or by Act of Parliament were for the greatest and chiefest part of them the Norman Laws and brought in or instituted by William the Conqueror the Subject next to be treated of 'T is not to be thought No Nation governed meerly by one Law that ever any Nation enjoyed one simple Law by its self pure and unmix'd with some of the Vsages and Customs of other Countries especially such as have been often over-run and conquered which do commonly retain somewhat they received from all their new Masters for Conquerors seldom think their Conquest compleat until they have over-turned the Laws and Customs of the vanquished and established such as they think most effectual to establish themselves Nor hath it been yet heard of that the World or any considerable part of it comprehending many and distinct Nations have been governed meerly by one Law but that every of those Nations have had and do retain at least some of their own Municipal Laws agreeable to their own Customs And so doth this Nation retain some of the Saxon and Danish Customs which do not much differ from the Norman seeing they were (b) Cluverius in his [3.] Lib. 1. Germany contained many Nations Antiqua Germania asserts Germany France Spain and Britain to be one Nation and of one Language viz. Celts And also there affirms that Germany anciently comprehended Danemarke Sweden Norway Finmark the Cimbric Peninsula c. And that all or most of those Nations spake the same Language in a different Dialect Neighbours by Situation had the same Language only differing in Dialect and communicated in many Rites and Usages nay joyntly conquered both this Country and Neustria in France They were not People of one Nation that conquered England and Normandy afterwards called Normandy for they were not intirely Saxons Danes or Norwegians or of one Nation that made these Conquests although their greatest Leaders and the greatest numbers of any one Nation might be such but a mixture of all these and several other People of the North parts of Germany Yet that the bulk and main of our Laws The main of our Laws were Norman Laws or at least very different usages of them were brought hither from Normandy by the Conqueror such as were in use and practice here for some Ages after the Conquest is without question And our Tenures for from whence we received our Tenures and the Manner of holding of Estates in every respect from thence we also received the Customs incident to those Estates as Reliefs Aids Fines Rents or Cens Services c. and likewise the quality of them being most of them Feudal and injoyed under several Military Conditions and Services and of necessary Consequence from thence we must receive the Laws also by which these Tenures and the Customs incident to them were regulated and by which every mans right in such Estates was secured according to the Nature of them See Grand Custom throughout and Scriptor Norm 1037 But from Normandy and brought in by the Conqueror we received most if not all our ancient Tenures and manner of holding and injoying our Lands and Estates as will appear by comparing our ancient Tenures with theirs First concerning Fees the Learned [2.] Gloss fol. 218. col 1 The Servitude of Fees brought in by the Conqueror Sir Henry Spelman tells us William the Conqueror brought over the Servitude of them into England who divided all England amongst his Great Men and Chief Commanders and this he says appears from * See Append. n. â—0 where are the Names of all the Normans in every County to whom all the Lands in England were given Doomesday-book And after that the Bondage of Fees was known in all parts of the Kingdom not heard of before in the Saxon times [4.] Somners Gavel p. 102. Berault on Cust Norman fol. 112. The word Beneficium or Praedium was anciently used for Feodum which was not used in any Nation or Country until about the beginning of the Tenth Century from our Saviour's Incarnation [5.] Dudo Sti. Quint. Decan fol. 34. c. Rex viz. Galliae quoque adjecit donationi quam prius Rolloni donaverat totam Britanniam ut per hoc etiam beneficium efficeret illum sibi fidelissimum Vassallum [6.] In lib. de feud disp c. 5. B Hottoman says beneficium datur propter officium quo verbo demonstratur Feudale officium non nisi militare Bellicum fuisse And so [7.] Dudo ut supra f. 85. A. B Rollo upon his acquest of Normandy after having given a Portion to the Church divided Normandy and measured it out to his Chieftains and (c) A sort of Bondmen or Servi in the Saxons time Not but there were a sort of Bondmen or Villains in the Saxons time they had their Ceorls or Gubures their Rusticks Ploughmen and Servi but here he speaks to and means the manner of Servitude which came from Normandy Vassals [8.] Ib. f. 86. B. and in his old Age he called them together and caused them to put their hands between the hands of his Son William Fees originally Military by Popa to whom he had given his Country and bound them to him by Oath or procured them to swear Fealty to him [9.] F. 1. printed at Râ—ven 1620. Mounsieur Berault upon the Customs of Normandy says the Origin and Antiquity of their Customs was not certain but it was very likely they were the Laws of the Normans that conquered Neustria The Conqueror gave Norman Laws to the English and established there by them and that by the example of Rollo William the Conqueror gave the Laws of Normandy in the Norman Language to the vanquished English [1.] Ibidem yet in the Preface to the Chapter of Fiefs he reports from Coquill upon the Custom of the Nevernois and Du Hailan that they were first heard of in Gallia when the Francs
Burroughs are held by Custom of the Burrough both which we have and ever had here from the Conquest though not perhaps the former in purâ liberâ Elemosynâ as in the Saxon times The Normans also had Fiefs (f) All Services base and ignoble but Military Services These held by Rent or Cens ignoble Services all * Berault fol 112. and Article 158. Services in ancient times being esteemed base and ignoble but Military Services these were not permitted the use of Arms being only allowed the practise of Husbandry and Merchandise Roturiers the same or very like our Soccage Tenure In Soccage And Bordage and Tenure by Bordage which was a drudging (g) Len doibt Scavoir que acune que tien son fief per vil Service c. And ye ought to know that such as hold their Fiefs or Fees in base Service as Roturiers ought not to have a Court of their Tenents of their own Fee such as Bordiers ceux qui servent a sac a somme which do drudging Services carry Sacks and Burdens c. and others which owe Villain Services as to drain Marshes and Moors to Dung or compast Grounds make Hay and do other Villain Services Grand Custom C. 53. In sine servile Tenure and those that held such Lands could neither give sell nor Morgage them See Grand Cust C. 28 29 30 c. with the Gloss Or servile Tenures Gavelkind there also See Berault in many of the Vicounties They had also a Tenure not much unlike our Gavelkind if not the same as appears there c. 26. de portionibus and this Custom is used to this day in several Vicounties of Normandy and in the Vicounte of Baieux where Odo made Earl of Kent by the Conqueror was Bishop Berault fol. 714.715 and might be brought from thence into Kent by him Having thus briefly given an account how men held their Lands and what propriety they had in them about and for some Ages after the Conquest and the Laws by which they were regulated The second Argument I shall make use of to prove that men held their Estates by the Norman Law The Exchequer in England the same with the Norman Exchequer and that it was the chief Law in use here shall be the consideration of the Court of Exchequer which as * Lib. 1. c. 1.4 Gervasius Tilburiensis de Necess Scac. obs a sure Author reports was here from the very Conquest and instituted according to the Patern of that in Normandy and was erected there by Rollo as Revise saith Notes on Grand Cust fol. 8. [2.] Ib. fol. 9. b. The Authority of this Court was so great that no man might contradict a Sentence pronounced here and not only the Law and the Affairs concerning all the great Baronies of England and all such Estates as held in Capite were transacted there but many Laws or Rights were discussed and many Doubts determined which frequently arose from incident questions for the excellent knowledge of the Exchequer consists not in Accounts only but in multiplicity of Judgments Common-Pleas holden in the Exchequer And Common-Pleas were usually held in this Court until the Eight and twentieth of Edward the First it was [3.] Aâ—tic supra cart c. 4. Enacted That no Common-Plea should be henceforth held in the Exchequer contrary to the Form of the great Charter In this Court sate the [4.] Gerv. Till lib. c. 4. What Persons Judges and Assessors in the Exchequer Capital Justiciary the Chancellor Treasurer and as many of the most Discreet greatest and knowing men real Barons whether of the Clergy or Laity as the King pleased to direct The Business of the Court was not only Accounts and what belonged to them but to Decree Right determine doubtful Matters which arose upon incident Questions to hold Common-Pleas Pleas of sundry and divers Natures judged in that Court as before and to judge what chiefly concerned all Capite Lands and the great Baronies of England The great Officers and other great men that sate here were all Normans or of Norman Extraction which probably neither well understood nor spake the English Tongue nor much less had time to learn know or understand the Common-Law of England being then and ever since the Conquest [5.] His Reading de finibus p. 3. Lex non Scripta [6.] Ibidem divinely cast into the heart of Man as Sir Edward Coke affirms unless they received it this way by Inspiration How then could Judgments be made and Sentence given in this Court by any other than the Norman Law By what hath been said it doth in a great measure appear that the English and Norman Laws were the same yet to make it more plain I will add a very brief Abstract of the old Norman Laws out of the old Customs Jurisdiction was either Feudal or Commissory Grand Cust C. 2. A Brief Abstract of the Norman Laws Feudal was that which a man had by reason of his Fee by which he might do Law or Right in Plaints belonging to his Fee and in all Plaints moved against the Residents within his Fee unless such as appertained to the Dutchy i. e. Royal or Pleas of the Sword or Crown Commissory Jurisdiction was such as was committed to any one by the Prince or Lord to whom it belonged as to a Bayliff C. 3. This was the way to do Justice by forcing the Execution of the Law Seneschal or Provost c. the Prince only had a full Jurisdiction of all Lay-Pleas that came before him That is he might if he pleased judge and hear all sorts of Pleas. Alcun Justicie bien ses Hommes Telle Justice est faict per prendre membres ou fien ou Corps Quis bene Justiciat homines suos Such Justice was done by Caption of Goods the Fee or Body and was called Justicement c. 6. forcing of men to do Justice by one of these three ways according to Law C. 4. Justiciers or Justices Justicier sive Justiciarius Nomen accepit eo quod Justiciandi homines habeat potestatem The Justiciary took his name from bringing men to Justice or doing Justice to them The Justiciaries were Superior or Inferior appointed by the Duke to take care of and guard his Country The greater were the Masters of the Exchequer who had power to amend les Torts the Wrongs which the Bayliffs had done Bayliffs what they were in Normandy The Bayliffs were called the less Justices because they had not power to do Justice out of their Bailywicks which were but seven Principal ones in all Normandy The Bayliff had power to do Justice and Right to the People under him to keep the Peace to end or determine Plaints to destroy Thieves Murderers Burners and other Malefactors Plaints were to be carried to the Justices and they were bound to receive them and to take Pledges for Prosecution to assign a day for hearing to keep a Court and to
put their Judgments in Execution The Subjusticiers were Officers established under the Justiciers to do Execution such were Viscounts Serjeants of the Sword Bum-Bayliffs Bedells or under-Serjeants c. C. 5. with the Coment A Vicount in Normandy was an under Officer of the Law a Pedanens judge and was the very same with a Provost or a Viginer or Vicar who heard small and Ordinary Cases Pasqu Recherch fol. 860. D. Serjeants of the Sword The Office of the Vicount was to hold Pleas of antient Paths Ways Bounds Watercourses c. and to walk the Parish with twelve men of the same and by their Oath or the Oath of the greater part of them to inquire whose Lands lay next the Ways c. and cause them to be amended by those which held the Land accordingly he was to inquire by the Oath of twelve lawful men of Malefactors as Murderers Thieves Traytors Ravishers and other Criminals to keep them in Prison till they were delivered by the Law of the Country These had also under them Serjeants of the Sword who held the Views and made the Summons to them and executed the Precepts of the Assizes and what was judged there and to keep and deliver according to Law Distresses taken The Bedells were the less Serjeants which ought to take the Distress and to do Offices less honourable and to make the lesser Summons and these were in every good Town C. 6. Default Trespassment des Termes sont Appellez defaultes that is such as came not at the time appointed nor appeared in Court according to Summons or when they ought or performed not what they were then to perform were in Default Fealty No man in Normandy could receive Fealty from another without saving his Fealty to the Duke which is to be expressed in doing Homage And therefore the Duke hath the whole Justicement of the body of a man for or by reason of the Fealty that all men owe him If a Lord doth wrong to his man by reason of his Fee the Court then appertains to the Duke if there be no Mesne or Middle-Lord between the Duke and him which by reason of his Fee may have the Court. About Distresses taking Goods and impounding Cattle much used C. 7. as in use with us Of the times when many Lands are to be several or commune C. 8. the Vsage much the same as in England Judges were Sage Persons and Authentick C. 9. So it was in England Who anciently Judges in Normandy Bishops Abbats Priors Canons c. which gave Judgment in Court as Archbishops Bishops Canons of Cathedral Churches and other dignified Persons in Churches Abbats Priors Conventual and Governours of Churches famous for their Discretion and Honesty Bayliffs Knights Serjeants principal and Seneschals of Barons Famous for Knowledge and Honesty every of these might remain in Judgment if the Cause were not their own or they were no ways Parties nor had given Judgment nor were Witnesses in it nor were suspected for Love Favor or Hatred Barons ought to be judged by their Peers and others by all such as cannot be removed from Judgment i. e. such as were not suspected as before Antiently there was in Normandy a greater Justice than all the beforementioned which was called the Seneschal of the Prince C. 10. Seneschal of Normandy He was like the Missi Regales or Dominici in the old Empire or Itinerant Justices anciently that went their Circuits once in two three four five or six years he corrected all inferior Justiciers as Bayliffs c. and removed them from their Offices if he saw it convenient he preserved the Land of the Prince and made to be preserved the Laws and Rights of Normandy to which purpose he travelled every three years through Normandy and visited all the particular Baylywicks and inquired of the Injuries and Excesses done by the Sub-justiciers and also held Pleas of the Sword c. and in all things that belonged to his Office he might cause them to be amended without Pleas or Assizes and in all places where he found any thing amiss he might do as he thought expedient Custom Law and Usage C. 11. Custom Law and Vsage understood and practised in the same manner as in England All such as were Residents in the Dutchy of Normandy C. 14. All the Residents in Normandy sware Fealty to the Duke ought to swear Fealty to the Duke and keep it and therefore in all things they ought to be Loyal towards him and were not to procure his damage nor to give Council or Aid to his manifest Enemies such as were found culpable of any of these things were called Traytors to their Prince and all their Possessions remained to him always The Women in Normandy without consent of their Husbands C 15. could make no Contract or Bargain Wrec belonged to the Duke of great and rich things there named C. 1â— Wrec and of ordinary things to the Lord of the Fee all the Controversies arising from it were to be determined in the Dukes Court. Treasure Trove i. e. found or digged any where C. 18. Treasure Trove belonged to the Duke Waifs belonged to the Lord of the Fee or sometime to the Duke C. 19. Waifs c. according to Custom C. 20. And Glanv lib. 7. c. 16. The Chattels of Vsurers that died belonged to the Duke so to our Antient Kings C. 21. Felonâ— Goods were the Dukes The Chattels of such as killed themselves Excommunicate and Desperate Persons such to whom Confession and the Sacramenâ— was denied were the Dukes C 22. Moveables and Chattels forfeited to the Duke All Moveables forfeited belong to the Duke Moveables were the Chattels of such as were condemned by Judgment that were hanged burnt their Eyes pulled out or their hands or Feet cut off or banished c. C. 24. Assize what Assize was an Assembly of Knights and Sage men with the Bayliff in a certain place and at a certain time which contained the space of forty days between one Assize and another by which Judgment and Justice was done of such things as were heard in Court in these Assizes the Juries sometimes were brought to a Non-scavoir Non-scire Ibidem Juries brought in Ignoramus or Ignoramus And when nothing of Certainty or Credit was deposed the Inquest being first examined the Return or Verdict was L'enquest scet rien Ibidem Lands c. forfeited as in England The Lands and Estates and Profits of condemned Persons for Felony were the Dukes for a year and a day afterwards they were the Lords of the Fee of whom he held immediately so in England C. 25. The eldest Son Succeeds the whole c. In Fuedal Succession the Eldest Son succeeds in the whole and so it descends to the next of the Blood and never ascends when there is any of the descending Line remaining In the Latin Version of the Customer of Normandy
into the hand or Possession of the Prince nor was it to be restored until the Plea was ended and this was the meaning of those words in the Writ Vt terra sit in pace When the thing was thus shewn the Serjeant commanded the Possessor to resaise the Plantiff according as it was contained in the Writ and whatsoever ensued whether he did or did not he assigned to both Parties a day at the Assizes and if the Possessor did not yield the thing demanded at the View and did yield it afterward at the Assizes though he never medled with it yet he was bound to amends that is to fine to the Duke or Court C. 95. After the View made and the Recognition was adjourned to the Assizes the * Bracton l. 4. c 18 19. The same method there in Normandy Writ was there read in the presence of both Parties and the Bayliff or his Deputy that held the Assizes demanded of the Plantiff if he would pursue his Brief if he said no he was punished for false Claim or Clamour and so it was if he said he did not know whether he should or not if he said he was ready to prosecute then the Defendant or Possessor was asked whether he would stand by the Writ as it was read if he said neither the View nor Recognition were made according to the words of the Writ The French word Record used here signifies Witness Dissaisin his answer was to be tried by the Record or witness of two of the View If he would not stand by the Writ and be found culpable in any thing in the Controversie of the Dissaisin he was to amend or fine to the Prince and pay Damages to the Plantiff as they should be declared by the Jury and the Saisin was to remain to the Plantiff also as it had been acknowledged to belong to him by the Jurors If the Defendant or Tenent said he would stand to the Writ C. 95. Bracton lib. 4. c. 19. n. 2. then the men were called before the Parties every one by his name to make Oath and their Names were entered in the Register of Assize and the Parties might challenge or except against such as they had right reason for to do it After the Jurors were sworn * Ibidem n. 3. Jury go out and are shut up no man was to speak to them publickly or privately except the Bayliff who commanded them to speak the truth in this form By the Faith and Belief you have in our Saviour Jesus Christ c. do you know the Plantiff was possessed of or had the Saisin of the Land which was shewn you before such a time the time suppose of the Dissaisin and how and in what manner he had it and that since that time the Defendant did dissaise him and how Then the Jurors went out to consider and advise and were kept under strict guard least the truth might be corrupted by evil perswasion When they had advised they returned again before the Bayliff in the Assize and if they were all agreed one answered for the rest C. 95. They return one answer for all c. if they disagreed every one then might give his Answer If they said the Plantiff had the Saisin Feodal as he affirmed and that the Defendant had dissaised him the Saisin was rendred to him and the Defendant fined or amended and then there was an Inquiry made what Damages the Plantiff had sustained by the Dissaisin Inquiry of Damages If the Jurors said the Plantiff was not saised in the Fee C. 95. but held Land for Debt or by Mortgage or by Rent or for any other such reason and would not part with it though the term was out then the Defendant remained in Saisin and the Plantiff amended or fined if the Jurors knew not the term the Plantiff if he would might prove it In Pleas of Novel Disseisin the manner of Saisin ought to be regarded above all things and how it was obtained for all Saisin C. 95. Novel Disseisin ought not to be rendred to him that required it If any one of his own accord or by Sentence gave another the Saisin that he hath if he requires it afterward he shall not have it if any one required the Seisin where he entred by force or which he had received from one that had nothing in the thing to give him such Saisin was not to be confirmed to him or allowed for all Saisin which was either by force or stealth and fraud was detestable The Writ of Novel Dissaisin was in this form C. 93. Writ of Novel Disseisin Bracton lib. 4. c. 16. n. 2 3 4 So all our Writs run that the Viewers be at the next Assizes Commande á R. que a droict Sans delay il resaisisse T. du une Terre qui est Assise en le paroisse de Marbeufe dont il a dissaisy a tort sans Judgement de puis le denier Aoust devant Cestuy se il ne le faict Semond le recognoissant du voisine quel soit an primieres Assises de la Baillie fay dedens ce veoir la Terre estre la chose in paix Command R. that justly and without delay he doth resaise T. of certain Lands in the Parish of Marbeuf of which he hath dissaised him unjustly There was also a time limited in our Writs of Novel Disseisin and without Judgment since the last of August before this and if he doth not Summon a Recognition of the Vicenage to be at the next Assizes of the Bayliwick and the mean while cause the Land to be viewed and to be in peace Writs directed to the Serjeant of the Bayliwick This Writ was directed to the Serjeant of the Bayliwick or his Deputy and when he received it he appointed a day to the Plantiff to hold the View and summoned the Defendant to be present if he would and twenty men the nearest to the Land the most credible such as were not suspected by or a kin to one party or the other and were to be such as were believed to know the truth of the Plea and before them the Land was to be taken into the hand of the Prince whether the Defendant came or not nor was it to be put out of the Princes hands until the Plea was ended and if either of them medled with it his Body was to be imprisoned until he had satisfied for his mis-doings Glanv lib. 12. c 3. c. 6. Many sorts of Dissaisins There were many Dissaisins some of Lands others of Herbages others of Rents others of servile Works others of Franchises others of Services in all which the Writs were framed according to the divers Terms and times of Performance or Payment from and upon which the Pleas were always laid C. 97. Default Plea lost for not bringing it c. If the Plantiff made Default the Defendant went without delay
Conqueror Domesday or the Conquerors Survey how made and it may not be much out of the course of our History to take notice how it was made and in what method written It was made by (y Mr. Selden gives an Account in his Preface to * Fol. 15. Eadmer from an ancient Manuscript he thinks as old as the Survey it self of the names of the great Men that were Sworn in divers Hundreds in Cambridgeshire and the Isle of Ely which were most Normans The Jurors iâ— Cambridgeshirâ— and Isle of Ely at the making of the Survey and presented the Survey according to the form the King had directed And Comitatus dicit or testatur hundreda vel Wapentachium dicit vel testatur Again homines qui juraverunt the men that were Sworn in this or that County Hundred or Wapentach do witness say and aver so and so concerning divers matters in debate and controversie do often occur in the Survey it self The * [6.] Histor Ellen. penes Domini Gale p. 177. b. In Staplebou Hund. Nich de Chenet Willielmus de Chipenham homo Gaufridi Hugo de Herenluge Warinus de Saham Robertus Anglicus de Fordhom Hordmerus de Bethlingham Alanus de Burwell Alfricus de Sneillewelle Isti homines Juraverunt de isto hundredo In Cestertuna Hund. Juraverunt Roggerus de Cilderlaio Gifard de Draitona Gislebert de Histona Surmi de Cotenâ—am Brunningus de Cestertuna Almer de Coâ—enâ—am Ledmarus de Draitona Aermus de Gilderlaio omnes alii-Franci Argli de hoc Hundredo Juraverunt These two Instances are cited out of the ancient Manuscripts mentioned by Selden Jurors in every Hundred of the County are noted names of the Jurors in some Hundreds mentioned by Mr. Selden exceed not the number of eight or nine in others besides those named all that were fit for the purpose were Sworn Verdict or Presentment of Juries or certain Persons Sworn in every Hundred Wapentach or County before [9.] Ge vas Tilb. lib. 1. b 29. Commissioners who were most discreet Persons and commonly Normans sent from Court Those for [1.] Dugd. Bâ—ron fol. 257. Col. 2. Worcestershire and many other Counties were (z) He was a Monk [7.] Malms de Gest Pontif. f. 165. b. n. 20. in the Abby of Fischampe or Fecampe in Normandy and gave great Assistance unto William in his Expedition into England [8.] Eadmer fol 7. n 1â— for which he made a Bargain with him to be made a Bishop if he overcame Remigius Bishop of Lincoln Walter Giffard [2.] Orderic fol. 522. C. And other Counties Earl of Buckingham (a) He was Son [9.] Ord. Vit. fol. 5â—2 d. of Gualchelin de Ferrariis a Stranger and an Adventurer with the Conqueror and was possessed of 176 Lordships or Maners whereof in [1.] Domesd in com Darby Darbyshire 114 as before was noted Hen de Ferriers Earl of Darby and (b) This [2.] Monast Angl. vol. 2. fol 889. n. 50 60.4 ibid. 900. n. 20. Adam third Son of Hubert de Rie Adam who had given him great Possessions in Kent was third Son to Hubert de Rie a trusty Servant to William when Duke of Normandy and employed by him to Edward the Confessor in the business of declaring him his Successor to the Crown of England c. Eudo being his fourth Son Adam Brother unto Eudo Steward of the Houshold or Sewar to the King who enquired into and described as well the Possessions and Customs of the Conqueror as of his great Men Commissioners in Worcestershire [3.] The Books themselves How and of what things the Survey was made They noted what and how much Arable Land Pasture Meadow and Wood every Man had and what was the extent and value of them before the Conquest and at the present time The Survey was made by Counties Hundreds Towns or Maners Hides half Hides Virgates and Acres of Land Meadow Pasture and Wood. Also they noted what Mills and Fishings and in some Counties what and how many Freemen Sockmen Villans Bordars Servants young Cattle Sheep Hogs working Horses Skeps of Bees c. in every Town and Maner and who they belonged to Always in every County setting down [9.] The Books themselves the Kings name first and after him all his great Men in order that held of him in chief with numbers placed before them for the better finding them in the Book as may be * Append. n. 10. seen in the Catalogue of Tenents in chief or the Possessors of Lands at the time of the Survey there following All England except three Counties of Westmorland Cumberland and Northumberland That part of Lancashire between the River Mersey and Ribble was laid so and described in Cheshire the other part was described in Yorkshire was described and part of Wales and the Description or Survey written in two Books called the great and little (c) Domesday-Book why so called There was no receding from or avoiding what was written in this Book and therefore ob hoc as * P. 41. b. Domesday from the Saxon Dome Bordarii what they were Gervase of Tilbury says nos cundem librum judiciarium nominamus non quod in eo de prepositis aliquibus dubiis feratur sententia sed quod ab eo sicut ab ultimo die judicii non licet ulla ratione descedere Domesday-Book remaining in the Custody of the Vicechamberlains of his Majesties Exchequer The little Book contains only the Counties of Norfolk Suffolk and Essex this Survey was begun about the Fourteenth year of the Conqueror and finished [1.] Little Domesday fol. 450. in the Twentieth of his Reign Anno Domini 1086. To make the manner of the Entries in these Books more clear I shall give one or two Examples Easessa Terra Regis dimid hundred de Witham Witham tenuit Heraldus T. R. E. pro Maner pro 5 Hidis tunc 21 (d) What these Villanes were see in the letter f here following Villan modo 15 tunc 9 In the Appendix are two Catalogues of all the Ter-Tenents or as they may be called Proprietors names in this Survey one Alphabetical the other as they are found before the Description of every County (e) Bordarii from the French Bordier a Villan or Cottager and that from Borde a little House or Cottage in the Fields c. [7.] Custum Norm Gloss sup c. 28. Bordage was a Tenure where such a House or Cottage was given to any one to do any base Service for his Lord as to be an Executioner or Hangman or other base Service and he who had any thing given him after that manner could not sell give or engage it for that it was given him to hold after that form Bordar modo 10 Tunc 6 (f) Servi what they were Servi Servants or rather Slaves for Servus in Classick Authors never signifies otherwise were of [8.] Spelm. Gloss fol. 513. col 2. See more what
Villanes were in after times in the Glossary two sorts better or worse or Predial and Personal Predial although they were of a Servile Origin and Condition yet they possessed their Laâ—ds and Goods at the will of the Lord performing such rustick and servile works as were commanded them in Villa's or Villages from whence they were called Villani such as are noted above The Personal Servants or Slaves had nothing of their own but what they gained was their Lords who fed and kept them These and their Children were Slaves the former probably by purchasing a certain Estate in their Lands having by their industry grown rich many of them became Freeholders or at least Copy-holders of Inheritance In process of time the word Servus was quite disused and the word Villanus used to express both these sorts of People unless Nativus or Bond-Servant or Man might happily to used for the Personal Servant which were the same with the German Mancipia so frequently mentioned in their very ancient Laws Charts or Charters and called by our Saxon Ancestors AGEN-HINE that is Proprius Servus ones Proper Servant servi modo 9 tunc 23 Sochemanni modo similiter tunc inter totum valebat 10 lib. modo 20 sed Vicecomes inter suas consuetudines placita de dimid hundred recipit inde 34 lib. 4 lib. de Gersuma in hoc Manerio adjacebant T. R. E. 34 liberi homines qui tunc reddebant 10 sol de consuetudine 11 d. ex illis tenet Ilbodius 2 de 45 acr val 6 sol redd Maner suam consuetadinem Tedricus Pointel 8 de dimid Hid. 22 acr dimid reddentes coâ—suetud Ranulph Piperel 10 de 2 hid 45 acr non reddentes consuetudinem Willielmus Grosse 5 unus tantum reddit consuetudinem val 3 lib. 13 s. Rad. Baignard 6 unus redd consuetud val 20 s. Homo Dapifer 1 de dimid Hid. val 20 s. Goscelinus Loremarius habet terram unius non redd consuet c. modo custodit hoc Manerium Petrus Vicecomes in manu Regis Thus in English Easesse Title in the top of Leaf the Kings Land The way how the Towns Maners or Lordships were entred in the Survey and before the particular Maner or Town the Hundred in which it lies is noted as here the half Hundred of Witham Harold held Witham in the time of King Edward for a Maner and for five Hides then there were 21 Villanes now 15 for they set down what was in Edward the Confessors time as well as in the Conquerors then there were nine Bordars now ten then six Servants or Slaves now nine then there were 23 Sochemans now the same number then the whole was valued at 10 l. now 20 l. but the Viscount or Sheriff received from the half Hundred for his Customs and Mulcts or Forfeitures 33 l. and 4 l. for Fine or Income In this Maner or belonging to this Maner or in the bounds of this Maner there were in the time of King Edward thirty four Freemen which then paid an accustomable Rent of 10 s. and 11 d. of these Ilbod holds two which had 45 Acres and they were worth to him 6 s. and paid their old Rent to the Maner Tedric Pointel holds eight who had half a Hide and twenty two Acres and half paying Custom or old Rent Ranulph Piperel holds ten who had two Hides and 45 Acres which paid no Custom or old Rent William Grosse holds five and only one of them paid Custom and were worth to him 3 l. 13 s. by the year is to be understood in all these Sums Ralph Baignard holds six and one paid Custom they were worth 20 s. Hamo the Sewar or Steward holds one who had half a Hide and was worth to him 20 s. Goscelin Loremar hath the Land of one and pays no Custom Peter the Viscount or Sheriff keeps this Maner in the Kings hand Essessa Terra Regis Hund. de Beventre Another Example of the Entries in Domesday Haveringas tenuit Haroldus T. R. E. pro 1 Maner pro 10 Hid. tunc 41 villan modo 40 semp 41 Bordar 6 servi 2 Car. in Dominio Tunc 41 Car. hominum modo 40 Sylv. D. porc C. acr prati modo 1 Molen 2 Runc 10 animalia 160 porc 269 ov huic Maner adjacebant 4 lib. homines de 4 Hidis T. R. E. reddentes consuetudinem modo ten 3 Hid. Rob. fil Corbutionis Hugo de Montefori quartam hidam non reddidere Consuetudinem ex quo eas habuere c. Hoc Maner val T. R. E. 36 l. modo 40. Petrus Vicecomes inde recipit 80 l. de censu 10 l. de Gersumma Essex Title as before the Kings Land the Hundred of Beventre Harold held Haveringe in the time of Edward the Confessor for one Maner and ten Hides then there were forty one Villans now forty there were always forty one Bordars and six Servants or Slaves and two Carucates in Demeasn or the Lords hands there were forty one Carucates amongst the Men or Tenents now forty Wood sufficient for 500 Hogs 100 Acres of Meadow now one Mill and two Working-Horses or Pack-Horses and ten young growing Beasts and 160 Hogs and 269 Sheep To this Maner there belonged four Freemen who had four Hides in the time of Edward the Confessor paying an accustomable Rent Now Robert Son of Gorbutio holds four of those Hides and Hugh Montfort the fourth and have paid no Rent since they held them This Maner was worth 36 l. now 40. And Peter the Viscount or Sheriff receives from it 80 l. for Rent and 10 l. for an Income or Fine These two Instances are sufficient to shew the method which was used in making Domesday-Book but all Entries in it are not alike they being more or less exact and particular in some Counties than others according to the care diligence and industry of the Commissioners and Scribes A second Branch of the Conquerors Revenue A second Branch of his Revenue was Reliefs or Fines for giving the possession of Hereditary Fees assignation of Dower out of the Husbands Estate composition for Licence to Marry and to have the Wardships of Heirs or entrance upon Farms due to him from all Tenents in chief by the Feudal Law of all Nations where there were Fees as incident to that Tenure but by our Lawyers said to be by the Common Law of England These were called Oblata [9.] Gerv. Tilb. lib. 2. c. 13. ibid. c. 24. b. Spontanea Free Offerings or Biddings for such a thing before mentioned and are such as are entred by themselves upon the Oblata Rolls of King John and Henry the Third And also when the King accepted what was offered they were called Conventions Bargains between the King and Offerer [1.] Rot. Pip. 14. Johannis Everwicsâ— Hawisia Countess of Albemarle gave 5000 Marks to have the possession of her Inheritance
Arch-Bishop Anselme in relation to Ecclesiastick Power and Jurisdiction [4.] Eadm fol. 14. lin 1. Rufus kept not the Promises he made to Lanfranc he brake many of the Promises he made to Arch-Bishop Lanfranc before and at his Coronation yet while he lived he abstained from many things though against his will and inclination [5.] Ibid. n. 10 20 30. but after his death which happened [6.] Flor. Wig. fol. 644. He let to farm Bishopricks and Abbies May 24. 1089. he kept the Bishopricks and Abbacies as they fell void in his own hands or let them to Farm and took the Profits of them to his own use allowing the Monks just so much as would maintain them amongst others the Church and Arch-Bishoprick of Canterbury and Revenues thereof was then possessed and disposed of by the King to Secular uses [7.] Eadmer fol. 15. n. 30. which much troubled the Clergy and many of the Nobility that the Commune Mother of the Realm should be so long void of a Pastor At length the [8.] Ibidem fol. 16. n. 10 20 30 40. King falling Sick and being very Penitent made great Promises of ease and satisfaction to the Clergy and Nobility and being much pressed by them to make an Arch-Bishop of Canterbury he consented and enquired after a Person worthy of that Honour and Office They all perceiving the Kings inclination cried out with one accord (k) He was born in Ausburg in Germany and was first a Monk and then Abbat of the famous Monastery of Bec in Normandy [1.] Onuphr Chron Pont. Rom. An. 1080. At this time there were two [1.] Onuphr Chron Pont. Rom. An. 1080. Popes Guibert or Wibert Arch-Bishop of Ravenna called Clement the Third who was created by the means of the Emperor Henry the Fourth Anti-Pope to Gregory the Seventh Victor the Fourth Vrban the Second and Paschal the Second he was buried in the Cathedral of Ravenna Anno Domini 1101. and not long after by the Command of Paschal the Second his Body was taken up and burnt Abbat Anselme was the most worthy who brought to the King that he might receive the Investiture of the Arch-Bishoprick from his hands by the Pastoral Staff refused it affirming it might not be done [1.] Eadmer fol. 18. n. 10. Bishop Anselm pressed to accept the Arch-Bishoprick yet after very importune perswasions and pressures by the Bishops and Nobility he suffered himself to be with great Applause elected Arch-Bishop [2.] Ib. n. 40. An. Do. 1093. and had investiture of all things belonging to the Arch-Bishoprick both within it and without it on the Sixth of March 1093. But [3.] Ibidem fol. 19. n. 50. He demands Restitution of the Lands belonging to the Church of Canterbury before his Consecration he demanded of the King to restore all the Lands belonging to his Church which his Predecessor Lanfranc was possessed of without any Suit or Controversie and that he would consent he should have right done him concerning such Lands as had been in the possession of the Church and were then lost and not recovered [4.] Ibidâ—m fol. 20. lin 1. c. n. 10 20. He demands of the King to rest in his Advice in the things that pertain to God and â— Christianity He declares he had acknowledged Pope Vrban He also demanded of the King to rest in his Council before others in those things that pertain to God and Christianity and as he would have him for his Terrene Lord and Protector so the King would have him his Spiritual Father and Overseer of his Soul Also concerning (l) The other Pope at this time was [2.] Ibidem Anno 1088. Vrban a Frenchman Bishop of Ostia and acknowledged by the French and Italians he was created Pope at Terracina in Italy in March 1088. and died at Rome in August 1099. and was buried in St. Peters Church there Vrbane Bishop of Rome who the King had not yet received as Pope he said he had received him as such and should yield him all due obedience and subjection and gave him notice of it that no Offence or Scandal might arise about it for the future [5.] Ibidem n. 20 3â— The King loath to restore all the Lands The King was loath to restore all Lands but would have reserved such Lands of the Church [6.] Eadmer fo 20. n. â—0 as he after the death of Lanfranc had given to his Courtiers for particular Services and would have had Anselme consented that they might have holden them by Hereditary Right [7.] Ibidem Anselm would not consent to the alienation of any of the Church Lands but Anselme could not be brought to consent that the Church should be any ways spoiled of its Lands or Rights Hence arose the first difference [8.] Ibidem The cause of the first difference between the King and Lanfranc between the King and him about his Dignity Bishoprick and Prelatship which remained undermined during the Kings Life yet at present being urged by the [9.] Ib. n. 30. Clamour of all Men concerning the ruine and destruction of Churches A Council of the Nobility at Winchester Arch-Bishop Ansâ—lm did Homage to the King he held a Council of his Nobility at Winchester and by many great Promises of what he would do for the Church of God he perswaded Anselme to take upon him the Primacy of the English Church who induced by the Example of his Predecessor according to the Custom of the Land [3.] Eadm fol. 20. n. 30. Homo Regis factus est did Homage to the King as Lanfranc had done in his time and it was Commanded he should have seizen of the whole Arch-Bishoprick After [4.] Ibid fol. 21. lin 4. which going to take possession of it Thomas Arch-Bishop of York and all the Bishops of England met at Canterbury where he was Consecrated the Fourth of December 1093. [5.] Ibidem fol. 21. n. 30 40. fol. 22. n. 10. The King went into Normandy to take it from his Brother At that time the King endeavouring to take away Normandy from his Brother Robert wanted a great Sum of Money to accomplish his design and the new Arch-Bishop offered him 500 l. towards his Expedition which the King refused expecting at least twice so much And the King [6.] Ibid. fol. 24. n. 10 20. He presseth the King to restore the Church to its Pristine State preparing for his Voyage he expostulates with him about restoring the Church to its Pristine State and Condition which was lost and for the making Abbats in the Monasteries that were void [7.] Ibid. fol. 25. n. 10 20. Anselm falls from the Kings favour The King refuseth his Prayers and Blessings The King returns out of Normandy without success but would part with no Money not what he once offered although pressed by other Bishops saying he had given the greatest part of it to the Poor whereupon he fell from the
Conqueror by his half Sister Maude Countess of Albemarle the eldest Maude being Married to Simon de St. Liz or Sylvanectensis with whom he had the County of Huntington c. and the third was Married to Robert the fifth Son of Richard de Tonebridge Ralph de Conchis the Son of Isabel and Ascelin Goell and Almaric de Monteforti joyned their Forces and wasted the Country but were not able to do much for him for Eustachius had with him William Alis Ralph Rufus and Tedbald and other his Barons which made a stout resistance by whose Advice against so many Enemies he craved the help of the King of England who Married his Natural Daughter Julian to him and gave him such Assistance as neither Goel nor all his other Enemies could withstand After this Match King Henry [4.] Ibid. 811. B. C. D. An. Do. 110â— employed Robert Earl of Mellent to compose the Differences in Normandy and sent to Duke Robert and other great Men to assist his Son in Law and resist his Enemies otherwise they should feel his displeasure Many that were his Enemies not willing to disoblige the King became Friends to Eustace yet Raynald and Goel persisted and by a nefarious rashness committed Slaughters and Burnings but Eustace prevailed gained the possession of his Fathers Honour and Raynald was beaten out of the Country Then Robert Earl of Mellent soon reconciled all other litigating Parties and made perfect Peace between them In the mean time [6.] Ibidem The Duke makes Peace with Robert de Belismo without Advice of his Brother the Duke seeing the desolation of his Country and not able to defend it against Robert de Belism without Advice of his Brother contrary to Agreement made Peace with him and granted him his Fathers Honours and Estates the Bishoprick of Seez and others beforementioned [7.] Ibid. fol. 812. A. The Bishop and Abbat of Seez Curse Robert de Belismo and flee into England The Bishop of Seez Serlo and Ralph Abbat of the same not willing to live under the Power and Tyranny of this Robert after having Anathematized him departed from that place and fled into England to King Henry who received them very kindly Not long after many Honourable [8.] Ibidem 813. D. The Normans Petition King Henry to take their Country into Protection He passeth into Normandy Persons of the Normans as well of the Clergy as Laity reflecting upon the Miseries of the Church of God and their Country Petitioned Henry to come over and take it into his Protection and to Correct the Prophane Spoilers with the Rod of Justice Accordingly he passes into Normandy with a great Fleet and visits Danfront and other Towns subject to him [9.] Ibidem fol. 814 A. The English Normans adhere to the King against the Natural Normans The King rebukes his Brother and was very Honourably received by his own great Men and plentifully presented after the Royal Custom For Robert Earl of Mellent Richard Earl of Chester Stephen Earl of Albamarle Henry Earl of Ou Rotro Earl of Mortaigne in Perch Eustace Earl of Breteul Ralph Earl of Conches Robert Fitz-Haymon Robert de Monteforti Ralph de Mortemer and many others which held of him great Estates in England and now being in Normandy did all adhere to him with their great Men and were ready to fight for him against the Natural Normans Few days after he sent to his Brother for a Conference in which he rebuked him for breaking the [1.] Ibidem B. C. The Duke desired his Friendship which he obtained and the King returned into England Accord made between them in England for making Peace with Robert de Belism a Traytor to them both and restoring him to his Fathers Lands and Dominions and for many other things The Duke fearing his Brothers Power desired his Friendship and they being reconciled the King before Winter returned into England No sooner was [2.] Ibidem C. D. In King Henry's absence Robert de Belismo seized the Lands killed the Tenents and burnt the Houses of such as favoured him The Normans apply themselves to the King of England he gone but Robert de Belism with his Nephew William Earl of Mortain in Normandy and as many Nobles as he could seduce broke out into War again and fell upon such as favoured the King seized their Lands killed their Men or Tenents and burnt their Houses The Plowmen and ordinary People fled into France with their Wives and Children and suffered great Miseries during their abode there In the midst of these Miseries they apply themselves again to the King of England who in the last Week of Lent [3.] Ibidem fol. 815. A. landed again at Barbaflot in Normandy and on Easter-day was at Carenton seated on the River Vire where Serlo the Bishop of Seez came to him and offered his Service who going with the King into the Church at Carenton to Celebrate the Solemnity of Easter they found it almost filled with Chests and Houshold-Stuff of the Country People which was brought thither as to a place of safety [4.] Ibidem B. C. Upon which Spectacle the Bishop in an Harangue to the King laid open the Miseries of that Country and shewed him what the People were forced to do to secure themselves from Robbers Plunderers and Spoilers The Bishop of Seez exhorts King Henry to Conquer Normandy Telling him also it was for want of a good courageous Prince and Governor that these things happened and then exhorted him by the Sword of Justice to Conquer and defend the Dukedom [5.] Ibid. D. He resolves to procure Quiet to the Church Many Noble Normans encourage him to it An. Do. 1104. The King encouraged by this Speech of the Bishop and what he heard from the Noblemen which were with him immediately resolved by their Assistance to procure the Peace and Quiet of the Church of God The Earl of Mellent with the consent of the great Men present advised and urged him to put in execution what he had resolved But before they made any progress in this Affair the Bishop had a small job of work to do The Normans then wore very long Hair and used much art in preserving and making it as was then thought Ornamental [6.] Ibid fol. 816. A. B. C. The Eloquent Prelat says the Historian continues his Preachment and inveighs mightily against that Vice admonishing and exhorting the King to shew a good Example to others and suffer his Hair to be cut off first He submitted to have it done Serlo Bishop of Seez cuts off the Kings Hair and the Bishop presently drew a Pair of Sissors out of his Sleeve and first Polled the King and then the Earl and many Noblemen with his own Hands and the People fearing the Kings Edict came from all parts and strove who should be first Polled or Clipt After the Solemnity of Easter King Henry [7.] Ibidem King Henry Chastiseth
fortified and Manned his Castle of Exceter against him which the King besieged and at last it was for want of Victuals delivered to him The Defendents had liberty to go whether they would and carry what they would with them The Earl went into the Isle of Wight with [6.] Ibidem f. 937. A. B He is driven out of the Isle of Wight and goes to the Duke of Anjou design to keep that against the King but he followed him so close that he soon drove him out there and took it from him and all his other Lands and Estate and banished him who then went to the Duke of Anjou and was there received very kindly Elated with this success he came to Hunt at * Hen. Hunt f. 222. a. n. 10. The King troubles the Noblemen about their Woods and Hunting Brampton near Huntingdon and held Pleas concerning the Forests of his Noblemen that is concerning their Woods and Hunting and broke the Vow he had made to God and the People This year David King of Scots [7.] Ricard Hagulstad Col. 312. n. 40 50 60. David King of Scots invades England King Stephen and he make Peace Carlisle granted to him his Son Henry made Earl of Huntingdon c. entred Northumberland and seized the Towns of Carlisle Werke or Warke Alnwick Norham and New-Castle and intended to take in Durham but King Stephen coming thither with an Army prevented him whereupon the two Kings appointed an Interview and made Peace between their selves The King of Scots restored New-Castle Warke Norham and Alnwick and had Carlisle given to him Stephen also gave to Henry his Son the Earldom of Huntingdon which had been King Davids and the Town of Doncaster and all that belonged to it In the year 1137. King Stephen in the beginning [8.] Malmsbr f 101. b.n. 50. King Stephen goes into Normandy Earl Robert follows him of Lent sailed into Normandy Robert Earl of Gloucester having tried his Friends and knowing who were faithful followed him at Easter By the Contrivance of [9.] Ib. f. 102. 4. lin 2. King Stephen useth treacherous Practises against him The particulars of the Treachery not expressed by the Historian King Stephen returns out of Normandy William de Ipre after he was come into Normandy King Stephen endeavoured to intercept him by Treachery but having notice of the practise from one that was privy to it he escaped and came not to Court though often invited for many days afterward The King was troubled his Design took not effect and thought to extenuate the greatness of the fault by confessing it making Oath according to a form given by the Earl that he would never for the future consent to such wicked Contrivances This he did but could never be a true Friend to the Earl whose Power he suspected The King after he had made [1.] Hen. Hunt f. 222. a. n. 20 30. His Son Eustachius doth Homage for that Dukedom Peace with the King of France and his Son Eustachius had done Homage to him for Normandy and settled all things there he returned into England * Order vit f. 911. D. Earl Robert troubled about his Sister leaving William de Rolmara Roger the Viscount and others his Justiciaries to manage Affairs as if he were present In the mean while Robert stayed there often thinking of the Oath he had made to his Sister and what he ought to do for her that he might not be noted for Perfidiousness The next year in England happened many intestine [2.] Malmsb Histor Novell f. 102. a. n. 20 30 40 50. A. D. 1138. King Stephen to maintain his Cause was forced to give Lands Castles and Honours to his Followers Commotions many of the Nobility and other Confident daring Men demanded of the King some Lands others Castles and what ever else they had a mind to and if he delayed them in obtaining their desires by Excuses that he could not do it without prejudice to the Kingdom and that such things were either claimed or possessed by others they forthwith fortified their Castles or erected Places of Strength wasted the Kings Lands and plundered his Tenents To suppress these Defections he suddenly marched from place to place and used great labour and industry to no purpose until by giving them Honours or Castles he purchased a Counterfeit Peace Many new Earls he made and to support their Honours gave them Crown Lands and Revenues These Men were more Confident in asking He made many new Earls and gave them Crown Lands and he more Profuse in giving by reason of the common Report through the Nation that Robert Earl of Gloucester intended to assist his Sister and within some competent time to defie the King before he attempted it This was done presently after Whitsunday The Earl of Gloucester defies the King He was encouraged to it by Religious Men and the Popes Decree by sending Messengers from Normandy to the King to whom he renounced his Faith and Homage because he had unlawfully aspired to the Kingdom To this he was encouraged by the Answers of many Religious Men he had Consulted in this Business that he could neither pass this Life without Ignominy nor be happy in the Life to come if he neglected the Oath made to his Sister Their Answers were the more prevalent with him being backed with the Popes Decree which Commanded he ought to observe the Oath he made to his Sister in the presence of his Father The King deprived him of all his Possessions he could in England levelled all his Castles except that at Bristol which was a great Check and impediment to the success and progress of all his Affairs The [3.] Ibidem b. n. 10. Anno Domini 1139. Upon the Report of Earl Roberts coming for England many forced to deliver their Castles Report that Earl Robert was coming with his Sister out of Normandy spread more and more about the Nation in hopes whereof many fell from the King and many others which were in the Court Upon suspicion only he imprisoned and by other hardships forced them to yield their Castles and to such other Conditions as he pleased It was noted at this time that Roger Bishop of Salisbury had built two [4.] Ibidem n. 20. The Bishop of Salisbury built the Castles at Devises Malmsbury and Sherborn The Bishop of Lincoln built the Castle at Newark The Bishops envied Complaints made of them to the King famous and splendid Houses with Towers and Turrets after the manner of Castles one at the Devises in Wiltshire another at Sherborn in Dorsetshire That he had begun to build a Castle at Malmsbury and that formerly he had procured to himself the Custody of Salisbury Castle from King Henry and inclosed it with a Wall and likewise that his Nephew Alexander Bishop of Lincoln had built a Castle at Newark as he said for the safety and Dignity of his Bishoprick This brought upon them Envy from the Earls and
Comitis Radulfi Ralph's Father was Walter de Mâ—dunta now Mant in or near Normandy who Married Goda King Edwards Sister and was a Norman or Frenchman This John Fitz-Harold had the Seat of his Barony at Ludley Castle in Gloucestershire from whence he was sometimes called John de Ludleagh John Fitz-Harold who had deserted the King and gone over to the Earl There he stayed two days Sis Soldiers Rapine and rendred Evil for Evil bringing many Men with their Goods and live Cattle to Worcester Not long after the King came from Oxford to Worcester with a great Army and saw what had been reported concerning the destruction of it From thence he went to Oxford again and from thence to Salisbury where he kept his Christmass After that Solemnity he came to [4.] Ibidem f. 674. An. Dom. 1140. Reding and there lay a while and Recruited his Army and marched toward the Isle of Ely the Bishop whereof he always suspected there he found some Resistance but the Bishop seeing he could not defend it against the force of the Army fled to Gloucester to the Earl The Isle of Ely taken by King Stephen The King placed a Garison in the Isle and returned to Worcester with the Earl thereof and a very great Army with which he went to reduce Hereford In the mean while he remained before that place * See all these Practises affirmed by William of Malmsbury f. 105. a. n. 10 20. The Earl of Worcesters further Revenge he burns Tewksbury and returns to Worcester with great Spoils the Earl mindful of the Injuries his Citizens had received with a great Multitude of Armed Men set upon Tewksbury and burnt the Magnificent House of Robert Earl of Gloucester and all things round about with the Houses of others and their Goods within a Mile of that City He spared only the Goods of the Church of Tewksbury being overcome with the importunity of the Abbat and Friers The Spoils taken were great as well of Men as of Goods and Beasts but after a while such as were led Captive were unbound and had liberty to go home The Earl the next day when he returned to Worcester protested to all Men That he neither in Normandy or England had burnt more Places and Houses at one time This was the way in Normandy and from thence brought hither This way of Burning and Rapine brought out of Normandy The manner how the Normans executed their private Revenges one upon another If any Earl or great Man found himself aggrieved by another injur'd or highly affronted they frequently got together all their Men at Arms or Knights that held of them their other Tenents and poor Dependents and as much Assistance from their Friends and Confederates as they could and burnt one anothers Castles or Houses destroyed their Lands and small Territories and carried away the Inhabitants Prisoners These were private Hostilities and Revenges between Man and Man but if there was a Title in the Case and siding one for one Pretender another for another they invaded one another after this manner with more assurance and confidence under the Notion of a Publick War and asserting the Right of that side they struck in withall and were almost constantly encouraged rather than checked by the Pretender The Norman Histories abound with these Stories See Ordericus Vitalis in the Lives of Rufus Henry the First and this King Stephen especially wherein these inhumane Ravages were as frequent and more barbarous than in England for many years until Geofry Duke of Anjou obtained Normandy which was the Inheritance of his Wife Maud the Empress as well as the Crown of England The Readers may wonder what they did with their Prisoners and Captives This Author The Continuer of Flor. of Worcester [7.] F. 672. will resolve them The Soldiers sold their Prisoners and put them to Ransom Militibus in stipendium dantur venduntur vicorum villarum Cultores atque habitatores cum rebus suis universis ac substantiis Such as Manured and Cultivated Towns and Villages and the Inhabitants thereof were given to the Soldiers as their Wages and were sold with their Goods and Substance In this Kings Reign there were in England [8.] Camden Britan. f. 199 200. so many Tyrants as there were Lords of Castles every one pretending to Coyn Money and to exercise the Rights of Majesty The King had with him very many Flemmings and Britains who were accustomed to live by Plundring that came to England in expectation of great Booty Presently after [9.] Malmsb. f. 105. b. n. 10 20. A Treaty of Peace propounded by the Legat. Whitsunday this year by the Mediation of the Legat there was a Treaty of Peace in a Plain near Bath The Commissioners for the Empress were Robert Earl of Gloucester and others for the King his Brother the Legat the Arch-Bishop of Canterbury Theobald and the Queen The Empress was inclinable to Peace but the King by the Advise of those about him averse to it so as this Treaty soon ended without effect [1.] Ibidem It ended without success Toward the later end of September the Legat went over into France to Confer with the King and Theobald Earl of Blois King Stephens elder Brother about the Differences in England and how they might be Composed Proposals offered to them by the Legat the Empress accepts the King refuseth them He returned about the end of November and brought with him such Proposals for Peace as the Empress and Earl assented to but the King delayed his Answer from day to day and at last refused them In the [2.] Ord. Vit. f. 921. A. B. year 1141. according to [3.] F. 105. a. n. 30. An. Do. 1141 1142. Lincoln Castle surprized by the Earl of Chester Malmsbury 1142. Ranulph Earl of Chester who had Married the Daughter of Earl Robert and his Brother by the Mother William de Rolmara or Raumara surprized the Castle of Lincoln The Citizens who much favoured the King sent to let him know that both the Earls were very secure in the Castle and thought not of his coming that they might easily be taken and that they would assist him in taking of them The King besieged it The King makes haste and invests the Castle in Christmass-Holidays The Citizens hearing of his coming seized seventeen Men at Arms that were out of the Castle in the City and made them Prisoners The Earl of Chester makes his escape and sollicites Assistance from the Empress and Earl of Gloucester The Earl of Chester in the Night gets out of the Castle goes into his own Country to raise Friends there and Welsh He further applied himself to his Father in Law being very sollicitous for the safety of his Brother and both their Wives which he left in the Castle and to the Empress promising her all future fidelity and begged their Assistance The Earl of [4.] Ord. Vit. f.
of Richard Bishops of Winchester Henry Bishop of Bayeux Giles Bishop of Eureux Froger Bishop of Sees and in presence of Simon Earl of Eureux and Robert Earl of Leicester and before many other Earls and Barons of his Kingdom That no Man presume to take the Goods of a Vassal for the Debt of his Lords nequis pro Domini debito res hominis capere praesumat unless the Vassal was Pledge or Surety for the Debt of his Lord but the Rents of Vassals which they are to pay to their Lords shall be paid to their Lords Creditors not to the Lords The other proper Goods of Vassals shall be in peace neither shall it be lawful for any one to Distrein namtire non liceat or take them for the Debts of their Lords This Statute and this Custom Hoc Statutum Consuetudinem hanc c. the King Ordained should be firm and general in all his Towns and every where in his Dominions viz. in Normandy Aquitan Anjou Main Turain and Britany and that it might be stable permanent and firmly observed and kept it was Written and Confirmed with his Seal After this the King [3.] Ibidem 110. a. The King of England summons his Earls and Barons of Normandy to appear with Horse and Arms. by his Writ summoned the Earls and Barons of Normandy to meet him at Argenton on the Ninth of October prepared with Horse and Arms for his Service and went to Alencon and sent his Son Richard into Poictou to subdue his Enemies King Henry desirous to return into England sent to Lewis King of France and obtained his Letters of Protection in this Form [4.] Hoved. f. 327. a. n. 30. An. Do. 1178. The King of France gives the King of England Letters of Protection LEWIS King of France to all whom these Presents shall come Greeting Know ye that We have received into Our Custody all the Lands of Our Most Dear Brother Henry King of England on this side the Sea if he shall happen to pass into England or go on Pilgrimage so that when his * Baillivi sui Bayliffs or Officers shall Require Vs We shall truly without Design give them our Counsel and help for the Defence and Protection of the same After his coming out of [5.] Ibidem f. 331. a. n. 40. Geofry Earl of Anjou Knighted by his Father His Military Exercise and Ambition Normandy into England at Woodstock he Knighted his Son Geofry Earl of Britany who soon after passed into Normandy and in the Confines of France and that Country was at a Torneament or the Exercise of Feats of Arms where he was ambitious to have the Reputation of a Courageous Kngiht and the rather because his Brothers Henry and Richard had acquired great Honour and Renown in such Military Exercises Peter of St. Agatha [6.] Ibidem b. n. 10. The King puts an Oath upon the Popes Legat. An. Do. 1179. the Popes Legat came this year through England to summon the Bishops and Abbats of Scotland and Ireland to a General Council at Rome but before he had leave to pass through the Kingdom he made Oath not to do or seek to do any Injury to the King or Kingdom and that he would return the same way [7.] Ibidem f. 332. a. n. 50. And upon the Scottish and Irish Bishops and Abbats An. Do. 1179. The same Oath the Scottish and Irish Bishops and Abbats took before they had passage given them to go this way with the Legat. After Easter the King [8.] Ibidem f. 337. a. n. 20. England divided into four Circuits held a great Council at Windsor and by the common Advice of his Arch-Bishops Bishops Earls and Barons he divided England in four parts and to every part he appointed Wise Men to do Justice in the Land After this manner I. Richard Bishop of Winton Richard the Kings Treasurer Nicholas Fitz-Torold Tho. Basset Robert Witefeld Hamshire Wiltshire Gloucestershire Dorsetshire Sumersetshire Devonshire Cornwall Berkshire Oxfordshire II. Geofry Bishop of Ely Nich. the Kings Chaplain Gilbert Pipard Reginald de Wisbech the Kings Clerk Geofry Hosee Cambridgeshire Huntingtonshire Northamptonshire Leicestershire Warwickshire Worcestershire Herefordshire Staffordshire Shropshire III. John Bishop of Norwich Hugh Murdac the Kings Clerk Michael Belet Richard Del Pec. Radulph Brito Norfolk Suffolk Essex Hertfordshire Middlesex Kent Surrey Sussex Buckinghamshire Bedfordshire IV. Godfrey de Lucy Johannes Cumin Hugh de Gaerst Ranulph de Glanvill William de Bendings Alanus de Furnellis Nottinghamshire Derbyshire Yorkshire Northumberland Westmerland Cumberland Lancaster The last six were appointed [9.] Ibidem b. n. 20. Justices in the Kings Court to hear the * Clamores populi Clamor a common word then for a Suit or Petition Clamours or Business and Suits of the People and had the last seven Counties assigned them This year Lewis King of [1.] Jo. Brom. Col. 1139. n. 40 50.60 c. An. Do. 1179. The King of France calls together all his Bishops Earls and Barons to Crown his Son Philip at Rhemes His Son falls sick He had a Vision by which he was admonished for his Sons Recovery to visit the Martyr of Canterbury so called France cited all the Arch-Bishops Bishops Earls and Barons of his Kingdom that they should without Excuse be in the City of Rhemes on the Assumption of the Virgin Mary that is the Fifteenth of August to Crown his Son Philip then Fifteen years old They hastned to come as they ought to do but just before the time his Son fell into a great Sickness so as many despaired of his Life his Father grieved night and day and was mightily afflicted for his Son Being thus without Comfort one Night when he had happily fallen into a sound Sleep St. Thomas the Martyr of Canterbury appeared to him and told him the Lord Jesus Christ had sent him his Servant to him to let him know That if he believed and with Contrition went to visit his Servant Thomas the Martyr of Canterbury his Son should recover his Health He discovered this Vision to his Friends and asked their Advice who told him it was dangerous to pass by Sea into another Mans Country Roger Hoveden is more modest in this Story and only says he was admonished by Divine Revelation He comes to Canterbury Offers and Prays at his Tomb. Gives the Monks 100 Measures of Wine every year And grants them a Charter of many Priviledges in France c. The next Night the Martyr appeared the second and third time and told the same Story and added Threats if he went not quickly and obeyed the Command of God He came and the King of England met him at Dover on the Twenty second day of August and Conducted him to the Tomb of the Martyr where the King of France Prayed and offered a great and precious Golden Cup and gave to the Monks of Holy Trinity for ever yearly One hundred Measures of Wine Centum Modios Vini to be
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
Strigul to assist him and earnestly beseech him to send for them that he might put his design in Execution He wrote to Richard Earl of Strigul to let him know that the Spring and Autumn were come and gone without seeing of him or receiving the least assistance from him and therefore desired him to make good his Agreement The Earl upon receit of his Letters went to King Henry and earnestly supplicated him either to restore his Hereditary Lands according to Justice or give him leave to make his Fortune in some other Nation And having received a [5] Ibid. c. 13. dissembled rather than true License after Winter he sent before a Young Man of his Family called * He was Nephew to Maurice and Fitz-Stephan by their Elder Brother Reymund sent by Earl Richard into Ireland with Forces Reymund a stout and valiant Person and well skilled in the use of Arms with ten Knights or Men at Arms and seventy Archers who landed at the beginning of May in Ireland under a Rock called (g) Dundolf is a Rock in the [6] Holinsh ut supra f. 12. n. 40. County of Waterford by the Sea-side lying East from the City about eight English Miles and is from the Town of Wexford about twelve Miles It is now a Castle called by the name of Dundorogh Dundolf four Miles from Waterford on the South side of Wexford where they built a weak Castle of Boughs of Trees Wood and Turf The News no sooner came to the Citizens of Waterford and Machlachlin Ophelan but they gather together a Body of 3000 men and passing the River Siver they marched towards the Ditches of the Castle in three Divisions with intention to assault it Such was the Courage of Reymund that he and his men went forth to meet them who oppressed with number and not able to resist returned to their Castle and Trenches their Enemies persuing and entring with them Reymund seeing in what streights they were He obtains a great Victory of the Irish faced about towards the Enemy and with his Sword cut them down one by one as they entred and with a great out-cry he called back his men to his defence which struck Terror into his Enemies that they gave back and fled in such confusion and disorder that Reymund and his men persuing them killed above five hundred with their Swords and Weapons and threw many of them who had climed steep Rocks for their own safety into the Sea In this Conflict one William Ferrand was very Famous for his wonderful Courage and Exploits By this Victory [7] Girald Ibid. c. 14 5. Many of the Citizens of Waterford taken Prisoners they had seventy of the chief Citizens of Waterford Prisoners and in Bonds within their Castle for whom they might either have had the Town or a great Sum of Money concerning these men Hervey of Mount-Maurice who had joyned him at his first landing with three Knights or men at Arms and Reymund were of a contrary opinion Reymund was for their Redemption by Money and urged That it was against the Principles of Humanity Piety and Honor to destroy them Hervey urged that to spare them was to nourish Serpents in their Bosoms and but to give them an opportunity of revenging themselves and put the Question That if the Victory had been on their side whether they would have sold them their Lives and out of Piety given them leave of Redemption He was for doing what they came for subduing the Nation by Arms and Power and by this Example so to affrighten the People as they should not dare to oppose or resist them This opinion pleased the Soldiers best The Prisoners cruelly destroyed and so fisrt breaking their Limbs they threw them headlong into the Sea On the 23 d of August following Earl [8] Ibid c 16 A. D. 1170. Strongbowe overthrows Mac-Laghlin and takes him Prisoner Richard Strongbowe landed near Waterford with 200 Horse-men or men at Arms and about 1000 others and on the 25 th in the Morning assaulted that Town and was twice repelled by the Citizens and the remains of those that escaped at Dundolf but upon the third attack they entred killed very many in the Streets and obtained a Bloody Victory They took Mac-Laghlin Prince of (h) Ophaly or Ossalie was that part of Leinster which is now called the Kings County Camd. Britan. f. 746. Ophaly and one Reginald who by the mediation of Dermot had their Lives saved and with him came Maurice Fitz-Girald Robert Fitz-Stephan and Reymund and joyned their Forces with Earl Richard to whom Dermot gave his Daughter Eva in Marriage after which Solemnity they marched to Dublin And so soon as they came before it [9] Ibid. c. 17. Dublin assaulted and taken Reymund and Miles Cogan with a select Company of brave young men assaulted and made themselves Masters of it and killed many Citizens but the Governor Hasculf and the better part of them with the best of their Goods and Jewels got out of the other side of the City and recovered the Ships in the Road and sailed to the Northern Isles Roderic King of Connaught was much concerned at these [1] Ibidem Roderic threatens to put Dermot's Son to death Proceedings of Dermot and sent to him to let him know that he had broken the Peace between them by calling so great a number of Strangers into the Island and that he neither was mindful of his Oath nor compassionate towards his Hostage which was his Son and therefore gave him notice that if for the future he did not restrain the Excursions of his Strangers he would cut off his Sons Head and send it him To which Dermot answered that he would not desist until he had subdued Connaught and made himself Monarch of all Ireland according to his right Roderic provoked with this Answer condemned his Son to death About this time [2] Ibid. c. 18. The Irish Clergy hold a Council at Ardmagh the Irish Clergy met in Council at Ardmagh consulted together and inquired into the cause of Strangers coming into their Land and concluded it was for the Sins of the People and especially for that they used to buy English Children of Merchants and Pirats and make them Slaves and for this reason they thought they lay under Divine Vengeance and by publick consent made a Decree That all the English that were in Servitude The Irish Clergy Decree that all English Slaves be â—et at Liberty should have their Liberty The Historian tells us the English by a common Vice of the Country had a Custom to [3] Ibidem fell their Children and Kinsfolks though they were neither in want or extream Poverty King Henry hearing what progress the [4] Ibid. c. 19. A D. 1170. King Henry recalls his English Subjects from Ireland Earl made and what Success he had in Ireland put forth an Edict by which he prohibited all his Subjects from carrying any thing by
N. 38. Conditions and Articles between King Henry and Roderic granted to Roderic his Liegeman the Kingdom of Conaught so long as he should serve him faithfully that he should be a King under him ready at his Service as his * Sicut homo suuâ— Vassal or Man and that he may hold his Land as well and in Peace as he held it before the King of England entred Ireland paying unto him Tribute c. Second If any of his People were Rebels to the King of England and him and refused to pay Tribute by his hand and to perform other Rights to the King of England he should Justice or punish and remove them and if he could not Justice them the Constable of the King of England and his force should do it c. with several other things mentioned in the Concord it self In this Council King Henry [7] Hoved. f. 313. a. n. 10. Augustin made Bishop of Waterford by King Henry gave unto Mr. Augustin and Irishman the Bishoprick of Waterford then void and sent him over with Laurence Archbishop of Dublin to be consecrated by Donat Archbishop of Cassil In the next year [8] Ibid. f. 316 a. n. 20. A. D. 1176. Pope Alexander the Third sent Vivian Priest Cardinal Legat of the Apostolick See in Scotland and the circumjacent Isles and in Ireland and Norwey to hear and determine in Ecclesiastical Causes This year about the beginning of June died [9] Ib. b. lin 6. Earl Strongbowe dyes at Dublin Earl Strongbowe at Dublin of whose death Reymund then in Desmond [1] Girald Cambr. ut supr c. 14. had notice from his Lady Basilia which he indeavoured to keep private from the Irish and immediately upon the news he called a Council of his most knowing and trusty Friends to consider what was to be done in the present Constitution of Affairs and for that Reymund was suddenly to depart for England they resolved to remove the Garison out of Limeric and disperse it into the Maritim Towns and the strong places in Leinster to reinforce them and to leave the charge and defence of that City Reymund commits Limeric to O Brien to Donald O Brien or Breen of Tuomond Prince of Limeric as one of the King of England's Barons who gave new Hostages and made fresh Oaths for to defend the Town restore it to the King of England upon demand and to preserve the Peace But the English were no sooner over one end of the Bridge He breaks down the Bridge and fires the Town but Donald caused the other end to be broken down and the City to be fired in four places from hence the Army marched to Dublin The Irish Annals place the death of Earl Richard and the coming of Cardinal Vivian into Ireland in the year following A. D. 1177. The Kings [2] Ibid. c. 1â— Commissioners after the Earls death make hast into England and acquaint the King with the change of Affairs in Ireland who forthwith sends (a) This William was reckoned as one of the Houshold or Dapifer to King Henry the Second Hoved. f. 301. b. n. 40. and was Seneschal of Normandy Poictou or some other his Dominions in France he was Luxurious and Proud yet Covetous and scraped together much Wealth by indirect as well as fair courses He was harsh unkind and injurious to the Officers both Military and Civil which he found in Ireland He was negligent in his Government and therefore continued but a short time in it Girald Cambren l. 2. c. 16 17. William Fitz-Adelm * In Hiberniam procuratorem misit Procurator thither with ten Knights or Men at Arms of his private Guards or William Fitz-Adelm sent Procurator into Ireland Houshold to attend on him and joyned with him John de Curcy with whom he sent ten others of the same Quality Also Robert Fitz-Stephan and (b) * F. 293. b. n. 10 Hoveden calls him Miles de Coggeham Richardus Comes de Striguil magno congregato exercitu invasit Hiberniam maximam illius partem subjugavit sibi auxiliante eâ— Milone de Coggeham viro bellicoso facta concordia cum Rege Diviliniae filiam illius in uxorem duxit cum Regno Diviliniae that is Leinster Miles Cogan who for two years last past had served him nobly and bravely in his Wars of France and England with twenty to attend upon their Persons Reymund hearing they were landed marched to Wexford and received them with great respect and kindness and forthwith delivering up the Cities Garisons Forts and Hostages of all Ireland to William Fitz-Adelm as Senescal sent by the King John de Curcy [5] Ibid c. 16. f. 791. lin 1. John de Curcy holdly sets upon Vlster finding William Fitz-Adelm to act Covetously Timorously and Deceitfully as not being faithful to those under his command or formidable to the Enemy He took out of the Forces of Dublin which by the sloath of the General and for want of Pay and their usual refreshment by Plunder two and twenty Knights or men at Arms and 300 others And boldly sets upon the Kingdom or Province of Vlster not yet attempted by the English Arms. Cardinal [6] Hoved. f. 320. b. n. 10 20. He takes Doun Vivian beforementioned was with King Guthred in the Isle of Man at Christmass and after Epiphany or Twelf-day passed into Ireland and remained at Doun the chief Town then of Vlster while he was there about Candlemass [7] Ibid. Girald Cambren Hibern Expugn lib. 2. c. 16. f. 794. n. 20. A. D. 1177. John de Curcy came before that place and took it without trouble the Governor Dunleue or perhaps Donald not being provided for a defence fled The Cardinal mediated a Peace between the King and John but without effect Whereupon Roderic King of that Province and Dunleue raise an Army of 10000 Irish in few days and march toward Doun to besiege it John de Curcy thought it could no ways be for his advantage to be shut up in a Fortress he had built in a corner of the City and therefore drew out the few men he had not exceeding seven hundred and went toward them resolving to try the Fate of a Battle He obtains a Victory over Roderic and Dunleve They came to a sharp and cruel Engagement wherein he obtained the Victory with a mighty slaughter of his Enemies though not without great loss on his own side Roger Poer a stout young Gentleman was the second eminent Person in this Action Giraldus Cambrensis in the same Chapter tells us of four other Battles fought by John de Curcy in Vlster but just only mentions them and the places where they were fought Stanihurst also in his [8] P. 182. History of Ireland passeth them over as briefly but Dr. Hanmer in his [9] F. 148. I take this to be the Book of Houth so often cited by Camden and Dr. Hanmer Chronicle of that Nation from
a Book written in Latin by an Irish Frier and [9] F. 148. I take this to be the Book of Houth so often cited by Camden and Dr. Hanmer translated by Dowdall Primate there into English A. D. 1551. gives a more full account of them and of this John de Curcy Who was [1] Ibidem John de Curcy's descent by his Father a Norman by his Mother a Cambrian Britain or Welchman and married the Daughter of Guthred King of Man he served King Henry in all his Wars In France he became acquainted with Sir Amoric Tristram who married Curcy's Sister and whether from the Ladies name or that they were married on St. Laurence day he was ever after called Amoric de Sancto Laurentio and his Descendents always bore that Surname from whence the Lords of Houth were lineally descended These two Knights became sworn Brethren in the Church of our Lady at Rhone where they solemnly vowed to serve together to live and dye together and equally divide between them what they got by the Sword or should be given them for their Service thus they continued together in France Anjou Normandy and England and when Sir John de Curcy was joyned in Commission with William Burgh Fitz-Adelm He enters into a strict Alliance with Sir Amoric de Sancto Laurentio and others Sir Amoric de Sancto Laurentio or St. Laurence accompanied him into Ireland where Curcy received a Grant from the King by Patent for him and his Heirs or Assigns to enjoy in that Nation all he could Conquer with his Sword reserving to the King Homage and Fealty They Landed at (c) Houth a Town or place within a Bay not far from Dublin Haven Houth and there by a Bridge were opposed by the Irish with whom there was a Bloody Conflict Sir John de Curcy was then sick and remained on Ship-board Sir Amoric being General behaved himself most worthily many fell on both sides and he got the Victory with the loss of seven of his own Blood and Relations for which good Service and his Valour Sir John de Curcy allotted him the Lordship of Houth with other things as his share of the Conquest This seems rather an Invention of the Frier concerning the Original of the House of Louth by the manner of the Story than a real Truth but as I find it I leave it and pass on to the four other Battles Four Battles fought by John de Curcy The first [2] Ib. f. 152. He beats the Vlster men was fought on Midsummer-day following before the Walls of Doun with fifteen thousand Irish in which Curcy was Victor and beat them so much that the Vlster men had no great stomach to set upon the English afterward here Sir Amoric was wounded and lost much Blood his Wounds were so many and so dangerous that he was given over by Physitians and Chirurgions for nine days yet recovered his Son Sir Nicholas St. Laurence was almost in as ill a condition with his Wounds yet did well again The Second was in [3] Ib. f. 153.154 He conquers the Irish at Fern and takes a great number of Cattle Fern against Eleven thousand Irish the English not being above a tenth part of the number The occasion of it this Sir John de Curcy had built many Castles in Vlster especially in that part of it called Fern where Mac Mahon lived he was very kind to Curcy and had sworn to be a true and faithful Subject whereupon he gave him two Castles with the Lands belonging to them within a month Mahon pulled them down and levelled them with the ground Curcy demanded the reason of his so doing his answer was he did not promise to hold Stones of him but Land For which Practice and slight answer Curcy resolved to pillage and drive all the Cattle he could out of his Country the Prey was so great that it could not be driven in one Body and therefore was divided into three parts as were Curcy's men that drove it The ways were narrow Boggy and Miry having thick Bushes on both sides and the three Droves of Cattle were three Miles in length The Irish in like manner divided themselves into three Bodies The English defeated of their Prey by an Ambuscade of the Irish and lay in Ambush in the Woods ready to take all advantages when they set upon the English they made such shouts and such an hideous noise that the Cows saith my Author ran like Devils and overthrew Horse and Man so that more were trodden under foot in the Dirt and Mire by the Cows than were killed by the Sword of the Irish The English were broken to pieces Sir Roger Poer for this Book Knights them all was taken Prisoner and rescued by Sir Amoric and he and Sir John Curcy in their flight and in several Skirmishes killed nineteen score of those that persued them amongst whom was Mac Mahâ—n himself slain by the base Son of Sir Amoric at length in the Evening they by chance recovered an old Fort in which they secured themselves Sir Amoric after a short sleep went out to discover the Enemies Camp which was not far off The Irish routed and slain by Sir Amoric's Policy as appeared by the great Fires they had made in it and to see in what posture they were he found they were in a careless and negligent condition without either almost Watches or Guards and most of them asleep he made a speedy return and pressed his Brother Sir John de Curcy that they might march with all their strength and catch them Napping which was done and they killed the Irish without resistance and so many of them that not above Two hundred escaped that were very nimble footed The English lost the day before Four hundred men and in this Mornings work only two Giraldus Cambrensis [4] Lib. 2. c. 16 f. 795. lin 6. in his short Account of this Action says only it happened in the taking of Prey and by reason of the narrow passages after many great and doubtful Fightings and Skirmishes John de Curcy was overcome many of his men being slain and others dispersed in the Woods so as he hardly escaped with eleven men yet with an undaunted Courage and with so small a number he marched Thirty Miles on Foot having lost their Horses armed and fasting two days and nights continually defending themselves from the attacks and assaults of their persuing Enemies until they recovered his own Castle The Third was [5] Haâ—m Chronicle of Ireland f. 155 156. Anciently in Latin Ergalia it contained the Countries about Louth Mâ—naghan and Ardmagh fought in that part of Vlster called * Vriel John de Curcy had sent into England for Victuals Ammunition and other necessaries by stress of Weather the Ship that brought them was driven into a Creek there called Torshead O Hanlan with other Irish board the Vessel kill the men and Mariners in it and make it a Prize Curcy
Loâ—don and other Castles he held in those parts and so returned to Paris That the Viscount or Vicecomes of Touars Confaederated with King Iohn which caused him to return again into Poictou and destroyed the Lands of that Viscount and then both Army 's being ready to ingage a Truce was made from the Feast of All-Saints for two years On the 2d of [3] Mat. Paris f. 221. n. 50. A. D. 1â—07 â— Johannis A thirteenth part of all Moveables and other things levyed February next following his Return he took the 13th part of all moveables and other things as well of Laics as Eâ—clâ—siastics and Prelates all murmuring but not daring to Contradict it cepit tertiam decimam partem ex omnibus mobilibus rebus aliis c. Cunctis murmurantibus sed contradicere non audentibus only Geofry A. B. of York consented not but plainly contradicted it and privately left England and at his departure anathematized all such as should Collect it in the Province of York and in general all invaders of the Churches possessions The Record [4] Append. n. 83. says this 13th was granted by the Comune Council and assent of his Council at Oxford By whom Assessed for the Defence of his Kingdom and recovery of his right where see the manner of assessing collecting and paying it into the Exchequer All this while [5] Paris f. 22. n. 20 30. The Popes â—eâ—initive Sentence against both the Elects of Canturbury He recomends Stephen Langton to their Choice the Monks and Procurators of each party who were for one Election or the other remained at Rome and the Pope observing both of them to be vitious and not according to the Canons by advice of his Cardinals Nulled both forbidding by Definitive Sentence both the Elects That they should not aspire to the honor or Dignity of the Archâ—Bishopric and then persuaded the Monks [6] Append. n. 84. The Pope perswades King John to receive him to choose Stephen Langton an Englishman and Cardinal their Arch-Bishop who Answered they could not make a Canonical Election without the Consent of the King and their Convent The Pope told them they had full power in the Church of Canturbury and that in Elections made at the Apostolic See the Consent of Princes was not Expected and then Commanded those present being as he said a sufficient number in virtue of their Obedience and under pain of a Curse The Monks though unwillingly choose him Archbishop to chose him Arh-Bishop whom he had given them as a Father and Pastor of their Souls The Monks fearing the Sentence of Excommunication although unwillingly and with Grumbling gave their assent only Elias de Brantefield amongst them all would not Consent Upon this Election the Pope Consecrated him at Viterbo on the 17th of June Soon after this the Pope [6] Append. n. 84. The Pope perswades King John to receive him sent King Iohn a wheadling Letter and four Gold Rings set with pretious Stones and with them or immediately after another Letter [7] Mat. Paris f. 223. n. 30. in which he exhorts him to receive Stephan Langton one Born in his own Kingdom into the Arch-Bishoprick and while by Flattery and perswasion he would have obteined the Kings consent he sent his Command to the [8] Ibid. n. 4. Prior and Monks to receive and obey him as their Arch-Bishop as well in Spirituals as Temporals When the King received the Popes Letters he was in great [9] Ibid. King John â—ighly displeased with the Monks choice Wroth and indeavoured to make them Traytors First That in prejudice of his Liberty without his Licence they had chosen their Sup-Prior and afterwards that they might seemingly satisfie him they chose the Bishop of Norwich and Receiving Money out of the Exchequer they went to Rome to get the Election Confirmed and there chose Stephan Langton his Public Enemy and caused him to be Consecrated Arch-Bishop [1] Ibidem n. 50. For this Cause in his Fury he sent Fulk Cantelup and * He was Sherif of Kent Reginald de Cornhulle most Cruel Knights and void of Humanity says Paris with some armed men to drive the Monks of Canturbury out the Nation The Monks forced to leave their Monastery as if they had been Traytors When they came there they threatned to Fire the Monastery and them in it if they would not depart England and so affrighted them that without any Violence they passed over into Flanders some to the Abby of St. Bertin others to other Monasteries The Monks thus leaving their Monastery the [2] Ibid. f. 22â— n. 1â— â—0 King Johns resolute Letter to the Pope concerning the late Election King wrote to the Pope by his Messengers to let him know what Injury he had done in Cassating the Election of the Bishop of Norwich and consecrating Stephan Langton Arch-Bishop a person altogether unknown and one that had his Education in France and Conversation there with his most Public Enemies without his consent to the prejudice and Subversion of the Liberties of his Crown affirming he could no ways recede from the Election and Promotion of the Bishop of Norwich and if he might not be heard at Rome in his behalf he would preclude all persons from passing thither by shutting up his Ports And since he had Arch-Bishops and Bishops and other Ecclesiastic Prelates in his own Nations abounding in all sort of Learning he told him if he were forced to it he would neither seek Justice or Judgment of Strangers out of them The Pope [3] Ibid. n. 30.40.50 c. The Pope's Answer and Reproof wrote back to him and reproved him for his stiffe way of Writing yet told him though it was not necessary in Elections made at Rome that he the Monks and others had sent for his Consent but their Messengers were stopped or otherwise hindred so as they could not come to him [4] Ib. f. 225. n. 30.40 The same Controversie or Quarrel between King John and Stephen Langhton that was between Henry 2. and Thomas Becket and therefore adviseth him to submit to his pleasure which would be much for his Honor and not resist God and the Church in this Cause for which the Blessed Martyr and glorious Bishop Thomas they are the Historians Words Spill his Blood Especially since his Father and Brother had abjured that Evil Custom The Pope [5] Ib. f. 226. lin 3. A. D. 1208. King John would not be prevailed upon by the Pope's advice finding the Kings Heart so far hardened Cor Regis adeo induratâ—m as not being able to prevail upon his Courtship advice and Comminations to receive Stephan as Arch-bishop being touched with an Inward Grief of Heart by advice of his Cardinals Commanded William Bishop of London Eustachius Bishop of Ely and Mauger Bishop of Worcester to go unto the King and with a pious care and sollicitude [6] Ibid. n. 10. to treat with him about the
Motive of their Returning to their Duty might be That they saw the King Disposing of the Estates of those which held of him in Capite at least to his Loyal Subjects As to give an Instance or two of many That are upon the Rolls He gave the Estate of [8] Append. N. 138. See Cl. 17 Johan M 2 3 4 5 6. per â—otum Rotulum William de Landa in Coleby in Lincolnshire who was with his Enemies to Oliver de Albiney and all the Estate of Roger de Crimplesham in Norfolk to John de Pavilly his Clerc Ireland and Irish Affairs The Government of Ireland according to the Government of England OF these much cannot be said in this Kings Troublesome Reign only we may see his Intention was the same with his Fathers to have the Government of that Nation according to the Government of England and the same Dependencys there by the same Tenures as in this Nation as appears by the Grant of the Honor of [7] Append. N. 139. The Honor of Limeric Granted for the Service of sixty Knights Fees Limeric to William de Braosa in the Second of his Reign and to his Heirs as his Father King Henry had given it to Philip de Braosa Vncle to the said William To hold of him and his Heirs by the Service of sixty Knights Fees except the City of Limeric the Donation of Bishopricks and Abbys The Cantred of the Ostmans and Holy Island which King Henry Reteined in his hands and except the Services of William de Burgh c. In the sixth year of his Reign [8] Append. N. 140. Vlster granted to Hugh Lascy he signifyed to Meiler Fitz-Henry his Justiciary and the Barons of Ireland That he had Granted to Hugh Lascy for his Homage and Service The land of Vlster with its appertenencys to hold as John de Curcy held it the day that the said Hugh * See that Story related in the begining of this Reign seised him in the Field Saving to him the Donations of Bishopricks and Abbys in that Country In the 7th year of his Reign he wrote to [9] Append. N. 141. A third part of Conaught granted to the King thereof to hold of King John as a Barony Meiler Fitz Henry his Iustice of Ireland That Dermut on the behalf of the King of Connoc had declared to him That that King desired to hold of him a third part of the Land of Connoc to him and his heirs as a Barony and by the Rent of an hundred Marks by the year and the other two parts by the yearly Tribute of three Hundred Marks * It should seem by this that at this time Conaught was not fully reduced to the Obedience of the English That he would grant to King John Two Cantreds in the two parts with the Inhabitants and Liberty to Build Castles and to do what he pleased in them The King thought this offer a good expedient to secure the King of Connaught and left it to his Justiciary to do what was best for him with Direction to get if he could 400 Marks as a Fine or Income and a Tribute of Cows and other things every year toward the maintenance of the Castles he might build in those Cantreds In the ninth of his Reign he Confirmed to [1] Append. N. 142. Three Cantreds in the Land of Cork granted for the Service of â—on Knights William Barry The reasonable Grant made to his Father Philip de Barry by Robert Fitz-Stephan he was Justiciary to Hen. 2d of three Cantreds in the Land of Cork That is to say Olethan with all its appurtenancies and the other two Musckerie Dunegan and the Cantreds of Killede with all their Liberties and free Customes by the service of ten Knights excepting the Rights of the Crown For several years Things by the Care and Circumspection of the Iusticiaries or Lieutenants remained without any very Notable Commotions In the thirteenth year of his Reign [2] Mat. Paris f. 23â— lin 6. A. D. 1211. King John goes into Ireland and received the Homage of twenty petty Kings King John Sayled with an Army from Milford Haven and arrived in Ireland on the sixth of June When he came to Dublin more than twenty petty Kings of that Nation met him and did Homage and Fealty to him some disdained to come That were got into inexpugnable Fastnesses He caused the English [3] Ibid. n. 10. The English Laws Established in Ireland John Gray Bishop of Norwich made Justiciary Laws and Customes to be Established there and placed Sherifs and other Officers in divers parts of that Nation that should Govern and judge the people according to those Laws and made John Gray Bishop of Norwich Justiciary who made the money of Ireland of the same weight with that in England for the Conveniency of Traffique between the two Nations This done the King [4] Ibid. n. 20. King Johns severity to his Enemies Marched toward his Enemies and took many of their Fortresses Walter Lascy and many others fled before him fearing they might fall into his Hands At length he came into the Province of Meath and Besieged a Castle in which were Maud the wife of William de Braosa and William his Son with his Wife and took it but these persons had escaped before yet were taken again in the Isle of May and presented to the King * For the Reason of this Kings severity against these people see the History in the latter end of the year 1208. who caused them to be cast into Irons and sent Prisoners into England to Windsor Castle where they were starved to Death And having Disposed and setled the [5] Ibidem King John returns to England Affairs of Ireland according to his pleasure he Returned into England on the 30th of August In the [6] Pat. 14. Johan M. 9. Dors The Duke of Limeric reconciled to him fourteenth year of his Reign the Duke of Lemburic or Limeric and several other great persons by the mediation of the Earl of Bologn were reconciled to the King and doing Homage and performing their Services had their Fees restored unto them Church Affairs THese were so mixt and interwoven with the Secular Affairs of this Kings Reign That they could not be Distinguished in Writing the History There were but two Councils of any note during the whole time The one National 〈…〉 in 〈…〉 in the Year 1200 held by Hubert Archbishop of Canturbury against the Prohibition of Geofry Fitz-Peter the Kings Iusticiary and the other for the particular Diocese of Salisbury held by that Bishop Richard Pore [8] Spelm. Council Vol. 2. in that year ult Johannis about the year 1217. in which were very many Canons or Decrees made for the Regulating of Ecclesiastic matters within that Jurisdiction upon several heads drawn from the then Explication and Doctrine of Seven Sacraments But in neither is there any thing of considerable notice Taxes in this
great Army and Besieged it both by Land and Water Lewis finding himself reduced to great streights signified to the Legat and Mareschall that he would submit to their advice and consent to any thing [1] Ibid. f. 299. n. 10. Lewis offereth a Treaty consistent with his own Honor and without Scandal to his Friends They being very willing to be rid of him send him a [2] f. 299. n. 10. The Legat and William Marshal send him a Form of Peace He accepts it King Henry and Lewis meet at Stanes A. D. 1217. Form of Peace to which if he would Consent he should have free passage and conduct out of England if not they would endeavour the destruction of him and his Accomplices Lewis and his Councellors accepted the offer and sent to the Mareschall and Legat to fix upon a place and day that a speedy Peace might be concluded They appoint a place nigh Stanes by the River Thames where King Henry the Legat and the Mareschall with many others on the one side And Lewis with the Barons on the other side met and agreed upon this Form of Peace on the Eleventh of September Lewis [3] Ibid. n. 20.30.40 The Form of Peace Swore that he and all with him that were Excommunicated would stand to the Judgment of Holy Church and for the future would be faithful to the Pope and Church of Rome That he would forthwith depart the Kingdom of England and never more return again with any ill design during his Life And that he would endeavor what he could to induce King Philip his Father to restore to King Henry all his rights beyond the Seas and that when he should come to be King he would quietly restore them And that he should immediately deliver to the King all those Castles with their Lands he had possessed himself of in England during this War King Henry with the Legat and Mareschall Swore they would restore to the Barons of England and to all others of the Kingdom All their Rights and Inheritance together with the Liberties they before desired for which there arose so great discord between King John and the Barons neither should it be any Damage or Reproach to any that had adhered to the one or to the other side That all Prisoners who had redeemed themselves before this Peace was made and had paid part of the money for their redemption what was paid should not be returned and what remained should be remitted Lewis Borrowed 5000 l. of the Citizens of London and passeth into France That all Prisoners either taken at Lincoln or at Sea whether of the Kings or Lewis his side should without any difficulty or price of redemption be set free After this Lewis and all his Followers were absolved and returned to London where having borrowed 5000 l. Sterling of the Citizens he was by the great Mareschall conducted to the Sea and so passed over into France When the Legat [4] Ibid. n. 40 50. The Bishops Abbats c. that assisted Lewis excepted from absolution The Legat sent out Inquisitions to find out all Clercs that were inclined to Lewis and deprived them of their Benefices absolved Lewis and his followers he excepted all such Bishops Abbats Priors Secular Canons and Clercs who assisted or favoured Lewis and the Barons particularly Simon de Langton and Gervase de Hobrugge who caused Holy Mysteries to be performed by such as were excommunicated They were first deprived of all their Benefices and then forced to go to Rome Soon after Lewis his departure The Legat sent Inquisitors all over England and whomsoever they found the least ingaged or inclined to Lewis and the Barons of what order and Dignity soever they were They first suspended them and then sent them to him who deprived them of all their Benefices The Bishop of Lincoln paid 1100 Marks for his Bishoprick and bestowed them on his own Clercs Hugh Bishop of Lincoln paid to the Popes use 1000 Marks and 100 to the Legat for his Bishoprick whose Example many of the Bishops and Religious followed This year on the sixteenth of July dyed * Ibid. fol. 297. n. 40. A. D. 1218. Pope Innocent the Third To whom succeeded Honorius the Third King Henry [5] Ibid. fol. 300. n. 20 30. Several of the Barons were loath to part with the Lands they had gotten in the late Wars kept his Christmass at Northampton and Falâ—asius supplyed him with all necessaries for the Festival In those days several of the Nobility and others The chief of which were VVilliam Earl of Albemarle Falcasius with his Castellans Robert de Vipont Brian de Lisle Hugo de Bailluel Philip Marc and Robert de Gaugi having in time of War accustomed themselves to Rapine could not forbear exercising the same in time of Peace but forcibly held the Castles with the Lands and Possessions belonging to them of some Bishops and great men contrary to the Kings Will and Command Robert de Gaugi refused to deliver the Castle and Town of Newark to the Bishop of Lincoln The King Besieged it and is yeilded upon Terms but especially Robert de Gaugi though Admonished several times by the King refused to yeild up the Castle and Town of Newark to Hugh Bishop of Lincoln Whereupon the Great Mareschall at the Kings Command raised an Army and Besieged the Castle after eight days Siege Robert de Gaugi capitulated with the Bishop to Deliver the Castle to him upon payment of an Hundred pounds Sterling for the Victuals that was in it the Bishop with the Kings consent did accept the Terms so the Siege was raised and every one went to their own home This Year on the 18th of February the Protector * Append. N. 144. Clercs that adhered to Lewis Banished wrote in the Kings Name to the Sheriffs to make Proclamations in their Counties That all Clercs that had adhered to Lewis and were therefore Excommunicated and not absolved should be Banished and if they departed not the Nation before Mid-Lent they were to be imprisoned And such as were Absolved if they remained Friends to Lewis c. they were however to be Imprisoned He wrote on the 22d of the same Month also to the * Append. N. 145. The Charter of Liberties to be observed Sherifs of the several Counties for the better satisfying the minds of men That they should look after the observation of the Charter of Liberties and the Forest and see all Castles built in the time of War Demolished On the 16th of March in the same year Llewellen Prince of Northwales * Cl. 2. Hen. 3. M. 4. The Prince of North Wales receives in Custody the Kings Castles c. Received in Custody from Gualo the Popes Legat the Kings Castles of Kaermarden and Kaerdigan with their Lands and all appurtenances in the presence of Peter Bishop of Winchester William Marescal Earl of Pembroke and many other Bishops Earls and Barons there named and others
not named to hold and keep them for the King until he came at Age and then they were freely to be delivered to him He was to hold the Kings Courts in these Castles and Lands as the Kings Baylif Deputy or Officer ut Ballibus Domini Regis and do right to the English according to the English Law and to the Welsh according to their Law And for the performance of these things he gave Pleges or Hostages Mailgo the Son of Rese and Rese the Son of Griffin Mado◠the Son of Griffin and Mereduc the Son of Ren. This year also it was Ordained * Append. N. 146. No Chart or Letters Patents to be Sealed with the Great Seal before the King was at full Age. by the Council of the Kingdom that no Chart or Letters Patents conteining the Confirmation Alienation Sale or Donation of any thing in perpetuity should be Sealed with the Kings Great Seal until he were of full Age and if any such Charts or Letters Patents were made and Sealed they were notwithstanding to be void This Ordinance is Witnessed by Gualo the Popes Legat the Arch-Bishops of Canturbury and York the Earl of Pembroke Protector and Hubert de Burgh Justiciary thirteen other Bishops nine great Abbats eight other Earls and fifteen Barons but not one ordinary person In the year 1219. the King kept his Christmass [6] Ibidem f. 304. n. 10. William Earl Marshal Dyes Peter Bishop of Winchester Protector A. D. 1220. at Winchester At that time William Mareschall the Elder Dyed after whose Death Peter Bishop of Winton was made the Kings Protector or Guardian King [7] Ibid. f. 309. n. 40. King Henrys Second Coronation Henry was at Christmass at Marlebergh being still under the Protection of Peter Bishops of Winchester At Whitsuntide following being the 17th of May and the fifth year of his Reign he was Crowned again at Westminster by Stephen Arch-Bishop of Canturbury in the presence of the Clergy and Laity of the whole Kingdom presentibus Clero Populo totius Regni King [8] f. 310. n. 30 40 50. William Foret Seiseth 〈◊〉 Castle of Biham in Lincolnshire Henry at Christmass kept his Court at Oxford with the Earls and Barons of the Kingdom A. D. 1621. At this time William Foret without the Kings knowledge left the Court and went to the Castle of Biham where after some few days having gathered together some Armed men he came in a Hostile manner to the Town of Tenham and plundered it and caused the Grain of the Canons of Bridlington to be carried into the Castle of Biham he likewise plundered the Town of Deeping with many other Towns and by grievous Torments forced the Inhabitants to redeem themselves It was said that Falcasius And plunders the Country Philip Mart Peter de Malo Leone and Engelard de Achie were the chief Abbettors of this Faction who privately sent him Armed men to disturb the Peace of the Kingdom In the mean time the Great Men of England Magnates Angliae met the King at Westminster to treat of the Affairs of the Kingdom ut Tractarent de negotiis Regni The Earl of Albemarle was Summoned and pretending to come The Earl of Albemarle seised Fotheringay Castle went privately to the Castle of Fotheringey and took it and having Fortifyed it with Armed men he betook himself to Biham Castle When the King and Council heard of this a great Army was raised and sent to Besiege the Castle of Biham Biham Castle taken The Earl of Albemarle pardoned After some short time the Besieged seeing no hopes of relief or escape submitted themselves to the Kings mercy on the 8th of February who commanded they should be kept Prisoners till further order The Earl of Albermarle was introduced to the King by the Arch-Bishop of York and at the intercession of Pandulf the Legat the King was reconciled to him * Ibid l. 57. Too much Lenity gives incouragement to Rebels because he had faithfully served both the King his Father and him All the Knights and other Horsemen or Servants Milites omnes Servientes were set at liberty without punishment or redemption which gave incouragement to others to rebel and to expect the same favor in the like Case Gualo left England and * Mat. Westm f. 279 lin 6. returned to Rome in August or September in the year 1218. the 3d of King Henry and Pandulph Elect of Norwich succeeded him as Legate and came to St. Pauls in London on the Monday after the Feast of St. Andrew next following The same year about the 8th of September [9] Ibid. fol. 312. n. 10. Lewelin King of Wales Besiegeth Buet Castle Lewelin King of Wales with a great Army Besieged the Castle of Buet which belonged to Reginald de Braiosa who sent to the King and importunately craved his assistance The King having raised an Army marched thither But the Welch raised the Siege and fled at his approach Then he marched toward Montgomery where after he had plundered the Welch and got forage for his Army he * Or rather Repaired it built Montgomery Castle to hinder their incursions for this Expedition the Great Men granted him a Scutage of two Marks of Silver of every Knights Fee Concedentibus Magnatibus de quolibet Scuto duas Marcas Argenti This year the [1] Ibid. f. 313. n. 10. The King of Scots marrieth Joan King Henrys Sister Marriage between Alexander King of Scots and Iohanna the Kings Eldest Sister was Solemnized at York the day after the Feast of St. John Baptist At the same time and place Hubert de Burgh Married the King of Scots Sister The two Kings met there to treat of this * Claus 5 Hen. 3. part 1. m. 11. Dors Her Joynture 1000 l. per Annum Marriage and a stricter Alliance then was before between them on the Monday Sevenight after Trinity Sunday and the Ioynture made to this Ioan Queen of Scots which was in Lands to the value of One Thousand Pounds by the Year bears * Pat. 5. Hen. 3. M. 6. Dors Date at York on the 18th of June M.CC.XXI A. D. 1222. In the Year 1222. the King [2] Ibid. n. 20. kept his Christmass at Winchester Peter the Bishop of that City provided all necessaries for him This year a great Ryot [3] fol. 315. n. 10 20 30 40. A great Ryot in London happened in the City of London upon the following Occasion A great Wrastling was appointed between the Citizens and the Countrey people near adjoyning on St. James's day wherein the Citizens were Conquerors which was much stomached by the Steward of the Abbat of Westminster he therefore appoints an other meeting at Westminster on the 1st of August to which the Citizens flocked in great Numbers but found they had weapons as well as men to contend withal for the Steward and his Assistants being Armed came upon them unawares wounded many and
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
the Castle of Divises under the Custody of four of their Knights and made Lawrence a Clerc of St. Albans Steward of the Lands Granted him who had been a faithful friend and great comfort to him in all his Afflictions The Substance of this Composition or Judgment is to be found upon Record though it doth not well agree with the exact Circumstances of time and the Crimes objected in every Punctilio during this Transaction hitherto The * Append. n. 152. Record says That the Pope wrote to King Henry To correct the Injuries Hubert de Burgh had done to the Roman Chucch and the * See before for this Matter Italian Clercs here in England and That thereupon the King sâ—nt to Arrest his Body and bring him to Answer before him for that very thing Especially Hubert having notice of this fled into a Chappel and those that followed him though they had no order to do it took him out of the Chappel and carried him to London when the King heard of this being Desirous to maintein the liberty of the Church Commanded him to be carried back to the same Chappel in which when he had staid many days he was asked whether he would remain in the Chappel or go out and stand Tryal in the Kings Court concerning the same Injury and others which should there be objected against him by the King and many others who many ways complained of him At length he voluntarily chose to come out and stand to Law yet he begged the Kings Mercy and so went out and the Kings Officers that were there present received him carried him to London and delivered him to the Constable of the Tower The King not satisfied sent Stephan de Segrave then Justiciary John de Lascy Earl of Lincoln Brian de Lisle and others to know whether he was forced or went out voluntarily He answered he went out freely and not for want of Victuals or any other thing and that he was ashamed he had staid there so long Then the King Commanded he should be out of the custody of the Constable of the Tower that he might come freely to his Court and so he came to Cornhul in London upon the Eve of St. Martin and appeared before Richard Earl of Cornwal William Earl Warren Richard Marshal Earl of Pembroke John Earl of Lincoln Stephan Segrave Justiciary Ralph Fitz-Nicholas and others the Kings Tenents or Feudataries there being where when he was accused he would make no defence nor undergo the Sentence of the Court but submitted himself to the Kings pleasure concerning his Body Lands and Goods The King at the instance of the Great Men and the Petition of Hubert and his Friends and Relations and by the permission of those that accused him Respited the Judgment notwithstanding it was drawn up in Court and voluntarily Granted him these Terms That having delivered to the King all the Lands Tenements and Liberties which he held of him in Capite and of King John his Father and all Writings and Instruments that concerned them Then he should have and retain the Lands and Tenements which descended to him from his Antecessors and all the Lands and Tenements he held of others then the King yet so as he should answer to all his other Accusers according to the Custom of the Kingdom and all his Chattels wheresoever they were as well Gold Silver Money or other Goods and his Body to remain at the Castle of Divises in the custody of Richard Earl of Cornwal William Earl Warren Richard Marshalâ— Earl of Pembroke and John Earl of Lincoln until he was delivered by the Commune Council of the King and of all the foresaid Barons his Keepers and of all the Great Men of the Land And if he should by any ways or means Break or endeavour to Break Prison then the Judgment was to take effect and wheresoever or by whomsoever he should be found he was to be used as an Out-law Toward the latter end of this year in December Lewelin * Append. n. 153. Granted and promised to stand to the determination of Ralph Bishop of Chichester and Chancellor Alexander Bishop of Lichfield and Coventry Richard Marshal Earl of Pembroke John de Lascy Earl of Lincoln and Constable of Chester Stephan de Segrave Justiciary of England and Ralph Fitz Nicholas the Kings Steward together with Jolenevet Lewelin's Steward Werrenoc his Brother Iman Vachan and David a Clerc concerning Amends to be made for the excesses on both sides for the restitution of Lands and Possessions and what Money was to be paid for Damages done In the year 1233. King Henry at Christmass [6] fol. 384. n. 20 30 40. A. D. 1233. The English Nobility removed from the Kings Counsels kept his Court at Worcester where by the advice of Peter Bâ—shop of Winchester as it was reported he removed all Bishops Earls Barons and Noblemen from his Council and would trust no one but the aforesaid Bishop and Peter de Rivallis his Kinsman So that the management of all publick Affairs was committed to them The Poictovins and Brittans were now invited into England Poictovins and Brittans called into England The Wardships of the Nobility committed to them The English complain of it in vain and there came over 2000 Knights and Servants whâ— were placed in several Castles in Garrison to whom the easy King committed the Wardships of the Nobility which afterwards much degenerated through the ignoble Marriages with Forreigners And when any Englishman complained of their burthens and oppression to the King they were hindred of remedy through the powerful influence of the Bishop of Winchester When [7] Ibid. n. 50. Richard Earl Marshal speaks boldly to the King Concern in the Poictovins Richard Earl Mareschal saw both the Noble and Ignoble oppressed and the Laws of the Kingdom laid aside He as a lover of Justice with some other Great Men Associatis sibi quibusdam Magnatibus went boldly to the King and told him publickly that by pernicious Counsels he called in Poictovins and Strangers to the great oppression of his Natural Men and violation of their Laws and Liberties Wherefore they humbly supplicated him to correct these disorders in the Government otherwise both He and the rest of the Great Men would withdraw themselves from his Counsels so long as he made use of Forreigners To whom the Bishop of Winchester replyed The Bishop of Winchesters Answer to him That the King might call whatsoever Strangers he pleased for the defence of his Kingdom and Crown and also such and so many as might reduce his proud and rebellious Subjects to due Obedience When the Mareschal and the rest heard this Answer [8] fol. 385. lin 2. they retired from Court promising faithfully to stand by one another in that cause usque ad divisionem corporis anima to the very parting of Body and Soul The last year in Autumn [9] Ibid. n. 40. The Pope voids the Election of John Blund
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
infinite Number of the Nobiliâ—y that is the whole Vniversity of the Kingdom met at London Infinita Nobilium multitudo scilicet Regni totalis Vniversitas Londonias venit When they were all met and Seated in the Kings Palace at Westminster William de Kele Clerc and a Domestick of the Kings a discreet man and well skilled in the Laws arose and as a Mediator between the King and Great Men The Kings gratious offer and Demand declared the Kings Pleasure and intention That the King Commanded him to tell them that whatever he had done hitherto He would for the future be wholly directed by their Counsels who were his Natural and Faithful Subjects That those who had been his former Treasurers had been unfaithful in that Office That the Kings necessities at this time pressed him to require an Ayd of them but he would consent that whatever was granted should be both Collected and Disposed of for the necessary uses of the Kingdom by such whom they should name and choose for that purpose To this they replyed The Reply made to him That they had very often Granted and paid sometime a Twentieth then a Thirtieth and again a Fiftieth part to the King yet hâ— could never be prevailed with to remove or banish from him any one of the Enemies of the Kingdom That he had never enlarged but had streightned his Dominions And for the Assistance of others had extorted very frequently great Summs of Money from his own natural men à naturalibus suis hominibus as from the meanest of Slaves The King Answered The Kings Answer That his Sisters Portion Paid to the Emperor and his own Wedding had emptied his Pockets and if they would grant him a Thirtieth part He assured them upon Oath He would never more give them an Occasion to Complain They replyed That these things were done without their consent and seeing they were free from the fault they ought not to partake of the punishment After this they retired to consider how they might moderate and also satisfie the Kings desires And on the other side the King being much [2] fol. 436. lin 1. He is concerned how to gain the good will of his Barons concerned how he should gain the good will of his Barons assured them that he never endeavoured by the Popes Bull to void those Grants he had confirmed to them by his Charter and if any such thing had been Suggested to him he altogether disallowed it and that he would inviolably observe all the Liberties of the Great Charter Omnes Libertates Magnae Chartae observare and for their better security Commanded the same Sentence that Stephan Archbishop of Canturbury denounced against the infringers of this Charter to be again solemnly pronounced that the Violators might be the more inexcuseable After this he added the Earl of Warren William Ferrars and John Fitz-Geofry to his Council who Swore they would never be corrupted by gifts to deviate from truth and would always give the King good and wholesome Counsel A Thirtieth part of all Moveables granted to the King Then a Thirtieth part of all moveables was granted to the King excepting every mans Gold and Silver and his Horses and Arms which were to be used for the Benefit of the Commonwealth And for the due [3] See Append n. 159. Collection of the aforesaid Thirtieth part which was made the year following four Trusty Knights 4 Milites fide dignos [4] Ibid. n. 20 30. The manner how it was to be Collected and Secured were to be chosen in every County To whom the King was to add one Clerc in every County in England who were all Sworn duly to Collect and Secure the Money in some Abby Church or Castle That if the King should recede from his promise it might be restored to every one again So that when the Collectors came to Levy it was paid on this condition On what conditions paid That from thence forward the King should reject all Counsels and Advices of Forreigners and Strangers and adhere to those of his Faithful and Natural Men. Annexum fuit in conditione quod ex tunc deinceps consilio alienigenarum omnium innaturalium derelicto suorum fidelium Naturalium hominum consiliis adhaerebit About this time [5] Ibid. n. 50. vid. fol. 403. n. 40. Leolin Prince of Wales puts himself under the Kings protection Leolin Prince of Wales being wearied out with continual Wars and Age sent Messengers to the King to desire a confirmation of the League that was between them and also to put himself and all his under his protection and that he would hold his Lands of him in Fealty and Friendship by an indissoluble League promising to assist him in all his Expeditions with Men Horse and Money as far as his ability would reach The King accepted his Offer and sent the Bishops of Hereford and Chester to confirm it The Record on the close Roll of 21 Hen. 3. m. 11. Dors Dated June 16. seems to give much credit to this Relation This year [6] fol. 437. n. 10 20. Hubert incurs the Kings displeasure but is soon again reconciled Hubert Earl of Kent incurred the Kings displeasure in Marrying Richard Earl of Glocester his Ward to his Daughter Margaret without the Kings consent but was soon reconciled again Hubert protesting that he did not know the King had designed another for him And also promised to pay a sum of Money which appeased the Kings Anger About the Nativity of St. John Baptist [7] fol. 439. n. 30 40. A. D. 1237. Frederick the Emperor invited all Christian Princes to meet at Vantulur to Treat about some difficult Affair which concerned as well other Kingdoms as the Empire The King of England designed to send Richard Earl of Cornwal his Brother with other Great Men under the conduct of the Arch-Bishop of York and the Bishop of Ely to be his Deputies at this Meeting The Bishop of Winchester was chosen but he refused to go because the King had formerly accused him to the Emperor as one that disturbed the Peace of his Kingdom When every thing was prepared for their Journey they had notice from the Emperor that the Assembly was deferred till Christmass following About the Feast of St. Peter and St. Paul June 29. [8] fol 440. n. 10. Otto the Popes Legate comes into England at the Kings request Cardinal Otto the Popes Legate came into England at the request of the King but without the Knowledge of his Great Men for which it was said the Archbishop of Canturbury very much blamed the King as a thing prejudicial to his own Dignity and a great damage to the Kingdom However he would not hearken to his Counsel but received him as also did the Clergy with great Pomp Ceremony and large Gifts [9] fol. 443. n. 10. He reconciled the Noblemen that were at â—ariance Some of which he refused contrary to the
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
called a Parlement at Winchester by Advice whereof the Liberties of the City of London were seised for their Rebellion and the greatest Offenders committed to Prison to be punished at the Kings Pleasure This Parlement also [4] Append. n. 223. The Parlement gave the King the Rebels Lands gave the King all the Rebels Lands and he appointed two Commissioners in each County who with the Sheriff were to Extend them and return the Extent with the names of the Lands and the names of those whose Lands they were to him at Westminster by the Feast of St. Edward that is the 13th of October and they were to appoint two Collectors in every Hundred to Collect Michaelmass Rent and to deliver them a Note what it was This Commission bears Date at Winchester the 21st of September Paris says The King grants them to his faithful Subjects The King on the Feast of St. Edward Disinherited all that stood with Montfort and gave their Lands to those that had faithfully served him according to their Merits f. 999. lin 7. On the sixth of October the King [5] Append. n. 224. His Writ to the Guardians of the City of London wrote to his four Guardians of his City of London Humfry de Bohun Earl of Hereford John de Bailol Roger de Leyburn and Robert Walerand That whereas the Mayor Citizens and whole Comunity of the City aforesaid had as well concerning their Lives and Limbs as their Lands Tenements Goods and other things whatsoever submitted themselves to the Kings pleasure Therefore they were to cause Proclamation to be made That his Peace should be firmly kept in the City and parts adjoyning to preserve it from being plundred On the same day the King [6] Append. N. 225. He makes Philip de Covel Sheriff of Middlesex directed his Writ to all such as had Business at the County Court for Middlesex that because he had not then appointed a Sheriff in that County he commanded them to submit to and obey Philip de Conel or Covel as his Sheriff who was to hold the Court for that day On the same [7] Pat. 49. H. 3. N. 21. He gave the Lands of two Citizens of London to his Son Edward day he declares he had given all the Lands and Goods of Thomas Diwelesdon and Michael Thâ—ny Citizens of London to his Son Edward On the 15th of October the King [8] Pat. 49. H 3. M. 4. He commits the Custody of London to Hugh Fâ—tz-Oto during pleasure committed the Custody of the City and Tower of London to Hugh Fitz Oto during pleasure answering the profits of them at the Exchequer and Roger Leyburn was commanded to deliver them and the Citizens and Community of London were commanded to be answerable and submit to him in all things appertaining to his Guardianship This year died Pope Vrban the 4th to whom succeeded [9] Mat. Westm f. 396. N. 50. Pope Vrban the 4th dies and Clement the 4th Succeeds Clement the 4th before his Consecration he was Guido Bishop of la Sabina a Cardinal and Legat sent for England but the [1] Ibid. f. 397. lin 6. Ottobâ—n sent a Legat into England Barons and Bishops would not suffer him to Land there when he was come as far as Bologne in France and therefore he Excommunicated several of the Bishops He at the Request of King Henry sent Ottobon Deacon-Cardinal of St. Adrian Legat into England and Crowned [2] Paris f. 999. n. 50. A. D. 1266. 50 Hen. 3. Those that were forced to serve against the King had their Lands restored Charles Brother to the King of France King of Sicily at Rome Many persons pretended and pleaded for themselves That against their Wills they were forced into the Service of Simon Montfort The King directed his Writ to the [3] Claus 50 H. 3. M. 10. Dors Sheriffs of several Counties to make Inquisition whether it was so or not and if found to be so they had seisin of their Lands again so as they stood to Right in the Kings Court. Dated November 6. The men of the Cinque-Ports that were the Kings Enemies and had taken part with the Earl of Leycester committed Rapin and Piracy at Sea The King [4] Claus 50. H. 3. M. 9. Dors wrote to the Bayliffs and Good men of Yarmouth to set forth 20 Ships with 40 men in every Ship at least to be at Sandwich by the first of January to Chase and Fight with and take his Enemies Dated November 24. The City and Tower of London and County of Middlesex with all Appertinencies were [5] Pat. 50. H. 3. M. 41. n. 117. The King appoints two Keepers of London during pleasure committed to the Custody of John Walerand and John de la Lind during pleasure to answer the Profits arising from them at the Exchequer and Hugh Fitz Oto was commanded to deliver them Dated November 28. The King sent his [6] Claus 50. â— 3. M. 8. Dors He commands all his Military Tenants to attend him at Northampton Precepts to all the Sheriffs in England to make Proclamation in their respective Counties That all who held of him in Capite and ought him service should be at Northampton on the 27th of January to go against his Enemies in the Castle of Kenelworth and other Straglers that would renew the War if not prevented Dated December the 20th at Northampton The Abbot of Peterburgh [7] Ibidem made fine and compounded with the King for this Expedition only at Fourscore Marks The King at [8] Paris f. 1000. n. 20. Simon Montfort the younger submits to the Kings pleasure Christmas was at Northampton with his Queen The King of Almain and the Legat by the mediation of friends Simon Montfort the younger submitted himself to the Judgment of the Legat the King of Almain his Uncle and Philip Basset and left it to them to make what Terms for him they thought fit with the King saving to himself his Life and Limbs and excepting perpetual Imprisonment Simon was brought to the King and it was [9] Ibid. n. 30. Kenelworth Castle refuse to yield Determined he should deliver the Castle of Kenelworth to the King and depart the Kingdom and receive out of the Exchequer every year 500 Marks until there should be a Peace established But those within the Castle not liking these Conditions would neither yield it to the King nor Simon who was yet under a Guard and said they received not the Castle to defend from Simon but from the Countess his Mother and would surrender it to none but her and that in her presence The Citizens of London made [1] Pat. 50. H. 3. M. 35. Cedula The City of London Fined and pardoned and restored under Conditions Fine to the King for their Offences toward him his Queen Richard King of Almain his Brother and his Son Edward 2000 Marks for which he pardoned their Transgressions and Excesses omnes
recover it self Secondly They required the Churches might be [6] Paris ut supra Taxed by Lay-men according to the just and true value They answered It was not reasonable but contrary to Justice that Lay-men should meddle with Collecting of Tenths nor would they ever consent to a new way of Taxing but that the old should stand Thirdly That the Bishops and Abbats would pay the Tenths of their Baronies and Lay-fees fully according to the true and highest value To this they answered They were impoverished by [7] Ibid. f. 1003. lin 1. Depredations and Plundering That they followed the King in his Expeditions and spent so much Money that they were grown very poor and their Lands lay Vntilled by Reason of the War Fourthly They required that all Clercs [8] Ibid. n. 10. holding Baronies or Lay-Fee should go armed in their own Persons against the Kings Enemies or find so much Service Tantum Servitium as belong to their Land or Tenement To this they answered They ought not to fight with the Material but Spiritual Sword to wit with Prayers and Tears And that by their Benefices or Fees they were bound to maintain Peace not War And that they held their Barony in Frank-Almoign in puris Eleemosynis in pure Alms and therefore ought no Military Service but what was certain and would not perform any that was new Fifthly They required on the behalf of the [9] Ibid. n. 20. Pope That with all speed the Expedition of the Cross might be Preached through the whole Kingdom To this they answered That a great part of the People had been killed in War and that if now they should undertake the Crusado few or none would be left to defend the Nation At last it was said that the [1] Ibid. Prelates Will they Nill they were bound to comply with all these Demands by the Oath they had taken at Coventry that they would assist the King by all means they might or could To this they answered That when they made that Oath they only meant it of Spiritual help and wholesome Counsel Quando Juramentum fecerunt non intelligebant de alio Auxilio quam spirituali Consilioque salubri What was done further in Parlement I find not there was then no attempt made against the Disinherited within the Isle of Ely only they were [2] Mat. West f. 198. n. 20. restrained from making Excursions by the Forces the King had with him at Cambridge In the mean while the [3] Ibid. n. â—0 40. The Earl of Glocester enters London with a great Army He sent to the Legat to deliver up the Tower to him Earl of Glocester came with a great Army out of Wales to London and pretending to serve the King by the help of the Citizens that were his Friends entred the City and sent to the Legat to Deliver the Tower to him forthwith and prohibited all people to send in any Provision or Victuals to him The Rabble of the Cities and Country near it joyned with him they Plundered and spoyled what Citizens they pleased that they thought were not or they would not have their friends wasted the Countries and Robbed and Pillaged by Water and Land The King when first he heard of his preparations sent into the North and other parts for Recruits and his Son [4] Ibid. f. 399. lin 4. The King raises an Army to reduce him Edward brought from thence and from Scotland to his Father at Cambridge 30000 Men with which leaving a sufficient Guard there against the Disinherited in the Isle of Ely they marched to Windsor where their Army Dayly increased [5] Ibid. lin 6 7 8. The Earl with his Company in London began to fear the King and sent a Message to him for Peace upon their own Propositions which they could not obtain Then they Challenged and provoked the King to a Battel upon Hundeslawe now Hundsâ—o Heath Next Day the King Marched thither but found no Enemy From thence the King Marched to [6] Ibid. n. 10. Stratford where came to him the Earls of Bolongn and St. Paul out of France with 200 Knights and their Retinue the Gascoins likewise with many great Ships furnished with all sorts of Warlike Naval Arms fit for fight arrived near the Tower expecting the Kings Command [7] Ibid. n. 20 The Earl seeing he could not get the Tower out of the Legats Hands and that his Army was like to be shut up in the City applyed himself to Richard King of Almain and Philip Basset [8] Pat. 51. Hen. 3. M. 16. n. 49. De pace inter Regem G. Com. Gloucestr He sues for peace and pardon and obtains it for himself and his followers who made his Peace with the King he resolving to believe whatsoever they should say of or for him By which Peace he and all his Retinue and the Company with him the Londoners likewise and all his favorers were [9] Ibid. Pardoned for all Deeds done from his first motion out of Wales as well by Water as by Land in the City and without and in divers Counties which Pardon was not to Extend to the Disinherited that were not in the Kings Peace the Day the Earl began to March from Wales toward London And that the King might be assured he never should make War against him afterward he [1] Ibid. What securâ—ty he gave tâ— King for his future behaâ—viour offered his Oath his Chart Pleges and the penalty of 10000 Marks for security This Accord bears Date at Stratford June the 15 th the 51 st year of this Kings Reign and the Pardon June 16 th From the beginning of April when he set forth from Wales to this time he had been harrassing of the Countries where-ever he came and the City during his being there The King seeing he could not prevail with the Bishops and other Prelates to assist him with Mony in his very great Necessity The Bishops refuse to asâ— the King wiâ— Mony applyed himself to the Pope who by his [2] Cart. 5 Hen. 3. M. 1 in Câ—dula Bull wherein he recites all the affronts and injuries done to the King Queen and Prince by the Barons and the Miseries that befel them and the whole Kingdom and Church by those Wars with the Kings Extream want of Monies and Debts by reason thereof and the necessity of supplying him for the better support and defence of his Kingdom the Churches and his Peoples Liberties Especially by the Clergy The Pope granteth the King a tenth of all Ecclesitastic Revenâ—nues for thrâ— years who had received such Bountiful Gifts and Endowments from him and his Ancestors Granted the Tenth part of the Profits and Rents of all Arch-Bishopricks Monasteries and all Ecclesiastical persons whatsoever as well Regular as Secular Exempt as not Exempt in England Wales and Ireland for three years according to the true and highest value notwithstanding all former Bulls and Exemptions to the contrary This
ever should Enjoy the Liberties granted by them to the Kingdom of England which were written and sent sealed thither under the seals of the Popes Legat and William Earl Marshal the King then not * His Fatâ—… seal was 〈◊〉 with his 〈◊〉 Regalia 〈◊〉 passage oâ— the Wathâ—… having a Seal of his own In the seventh year of his Reign upon complaint made by the Citizens of Dublin against their [2] Cl. 7 Hen. 3. mâ—… Dors. The King â—…hibits the Arch-Bisâ—… of Dubli◠〈◊〉 meddle wâ—â—â— secular caâ—… in Spirituâ—â— Courts Arch-Bishop who was then the Kings Chief Justice for proceeding against the Laws and Customs of the Nation used in all places of England and for his Vsurpation upon the Rights of the Crown against his Trust and Duty as Chief Justice in drawing several causes belonging to the Kings Temporal Courts to his Ecclesiastical Courts to Enlarge his Jurisdiction to the Grievance and Dishonour of the King There was a [3] Ibid. writ sent to him to forbear such things for the future or that he would be severely dealt with for such practises In the 11 th of his Reign [4] Cl. â—… Hen. 3. Paâ—… m. 21. The same to be in Iâ—â—land as Enâ—land conceâ—â—ing Excomâ—â—nicate Peâ—… there was a Writ sent to Geofry de Marisco Justice of Ireland for observing the same Customs and Law there for taking persons continuing Excommunicate by the space of forty days upon the Arch-Bishops and Bishops Certificate by a Capias Excommunicatum as was used in England In the 12 th of his Reign he wrote to [5] Cl. â— Hen. 3. M Richard de Burgh his Justiciary to call together the Arch-Bishops Bishops Abbats Priors Earls Barons Knights and Freetenents and his Officers in Every County and cause the Charter of King John to be read before them and then to injoyn them to the strict observation of the Laws contained in it In the 15 th year of his Reign about [6] Pariâ— 366. n. 20 The King Conaught his Army routed 2000 Men and the Kiâ—â— made prisâ—â—er July an Irish King of Conaught knowing that the King William Marshal and Maurice Fitz-Gerald were gone over into France so that Ireland was left without any great force to Defend it raised a mighty Army or rather a great number of people and entred into the Dominion of the English spoyling and Burning the Country The news whereof was brought to Geofrey de Marisco then Deputy Justiciary and he calling to his assistance Walter Lacy and Richard Burgh raised a considerable force with which he fought and beat the Irish killed twenty thousand of them and took their King Prisoner In the 19 th of his Reign the [7] Cl. â—… Hen. 3. M Dors. Free Commerce and trade betwâ—â—â— England aâ—â— Ireland King issued a writ to Maurice Fitz-Gerald his Justiciary for free Commerce and Trade between his Subjects of both Nations without Restraint The next year [8] Cl. 20. Hen. 3. m. 13. Dors. The Statutes of Merton concerning Bastardy to be observed in Ireland he wrote to the Arch-Bishop of Dublin and his justiciary for the Observation of the Statutes of Merton especially concerning Bastardy and in a Case then depending before them In the 24 th of his [9] Paris f. 526. n. 40. Coheirs females how they were to hold in Knights service Reign the King sent instructions under his seal how lands holden in Knights service that Descended to Sisters Coheirs should be divided and how and by whom Homage should be done and in what manner and of whom the younger Sisters should hold according to the Statute of Ireland made the 14 th of his Reign In the 29 th of his Reign the Welch putting King Henry to great Trouble he intended wholly to destroy them [1] Ibid. f. 685. n. 20. Maurice Fitz-Gerald put out of the place of Justiciary and sent to Maurice Fitz-Gerald his Justiciary to come to his assistance with forces out of Ireland who not coming so soon as he was expected having a fair and prosperous wind was put out of his place of Justice and John Fitz-Geofry de Marisco substituted in his stead In the thirtieth of his Reign he [2] Append. n. 228. The Laws of England to be strictly observed in Ireland directed a Writ to the Arch-Bishops and others in Ireland that the Laws of England should be strictly observed in Ireland as King John his Father had formerly commanded Yet notwithstanding this Command this privilege of using the English laws in Ireland was [3] Append. n. 229. Those Laws not intended for the Benefit of the native Irish never intended by King John or King Henry that it should extend to all the native Irish but only to the English Inhabitants transplanted thither or there born and to such native Irish as faithfully adhered to these Kings and the English in Ireland against the Irish that complyed not with them who were not to receive any Benefit by them The King in the 38 th year was in Gascoigne and wanting Forces [4] Cl. 38. Hen. 3. M. 9. Dors. The King sends into Ireland for forces to be brought to him from thence into Gascony sent his Writ to John Fitz-Geofry his Justice of Ireland to come to him in person with a good number of Men if there were no danger of an insurrection in Ireland otherwise to send Maurice Fitz-Gerald with the same force and to borrow Mony from the Popes Collector in Ireland for that affair with his consent to be repaid him at a certain day Prince Edward had the Kingdom of Ireland Committed to him for his support with power to make put in and out what Justices and other Officers he pleased when the Barons were at Oxford and had made their provisions in the 42 d. year of this Kings Reign he [5] Pat. 42. Hen 3. M. 5. Prince Edward put out of the Command of Ireland by the power of the Barons wrote to the Arch-Bishops Bishops Abbats Priors Barons Knights c. That he heard his Son intended to make a new Justice there and put his Castles into such hands as it might be great Damage and not without fear of their Disinheriting and therefore Commands them not to be obedient to any such Justice Constables or Keepers of Castles made or appointed without his Letters Patents by assent and advice of his Council After the same manner he wrote to all Majors and Communities of Cities and Towns in Ireland and to the Constables of Castles and Commanded Alan Zousche his Justiciary not to obey or give up his Authority to any new Justiciary or Constable that should come without his Letters Patents The King wrote to the [6] Cl. 49 Hen. â— m. 7 Dors. The Kings Writs to several great men to secure the Peace of Ireland Arch-Bishop of Dublin the Bishop of Meath his Treasurer Walter de Burgh and Maurice Fitz-Maurice Gerald that he heard there was like to be great Dissention between the
go with them which was also fully done So soon as these things were ended the Earl asked the Scabines or Assessors what or how they would Judge in this Case They Replied We Judge according to the Testimony of these Men and your Inquisition That as it hath been determined and the Bounds fixed between the two Habitations or Farms so those Men may have or possess their Propriety for ever without the contradiction of any Man And what the Imperial Land was or the Demeasns of the Empire as it was divided by Bounds before Witnesses let it be received or possessed to the use of our Lord that is the Emperor or happily the Earl Wherefore it were fit for Hrothelm and Flavin with their Heirs to have such a Writing concerning this Determination either from the Earl or Scabines as afterwards they may for ever possess the Houses or Farms without the Contrariety of any Man Charles the Great abouâ— the year of our Lord 807 Done at the Court in the Fields in a publick Mall or Convention for the dispatch of Controversies in the Seventh year of the Empire of Charles the August and the Thirty seventh of his Reign in France and the Thirty fourth in Italy Dated the Eighth day of February happily under Humphry the Earl Amen These are the Names of the Witnesses or Jury Valeriano Burgolfo Ursone Stefano Majorino Valerio Leontio Victore Maurestone Frontiano Florentio Stipfone Valentiano Quintello Stradario And these the Names of the Scabines or Assessors with the Earl Flavino Orsicino Odmaro Alexandro Eusebio Maurentio as also many others Therefore I VAUCO having been Required to do it have Written and subscribed this Judgment Charta W. Regis Primi de Restitutione ablatorum in Episcopatibus Abbatiis totius Angliae W. Dei Gratiâ Rex Anglorum In the Appeâ—dix to Somneâ— Gavelkind p. 191. L. Archiepiscopo Cantuar. N. 2 G. Episcopo Constantiarum R. Comiti de Ou R. filio Comiti Gil. H. de Monte-Forti suisque aliis Proceribus Regni Angliae salutem Summonete Vicecomites meos ex meo praecepto ex parte meâ eis dicite ut reddant Episcopatibus meis Abbatiis totum Dominium omnesque Dominicas terras quas de Dominio Episcopatuum meorum Abbatiarum Episcopi mei Abbates eis vel lenitate vel timore vel cupiditate dederunt vel habere consenserunt vel ipsi violentiâ suâ inde abstraxerunt quod hactenus injuste possederunt de Dominio Ecclesiarum mearum Et nisi reddiderint sicut eos ex parte meâ summonebitis vos ipsos velint nolint constringite reddere Quod si quilibet alius vel aliquis vestrum quibus hanc justitiam imposui ejusdem querelae fuerit reddat similiter quod de Dominio Episcopatuum vel Abbatiarum mearum habuit ne propter illud quod inde aliquis vestrûm habebit minus exerceat sâ—per meos Vicecomites vel alios quicunque teneant Dominium Ecclesiarum mearum quod praecipio The Chart or Writ of King William the First for the Restitution of such things as were taken away from Bishopricks and Abbies N. 2 WIlliam by the Grace of God King of the English To Lanfranc Archbishop of Canterbury and Gorisfrid or Galfrid Bishop of Constance and Robert Earl of Ou and Gul. Pict f. 187. Richard the Son of Earl He was Earl of Brionâ—a in Normandy Ancestor of the Earls of Clare in England Gilbert and Gul. Pict f. 187. Hugh Montfort and to his other Great Men of the Kingdom of England Greeting Summon ye my Sheriffs by my Precept and on my behalf speak to them or Command them That they restore to my Bishopricks and Abbies their whole Demain or perhaps rather all their Lordships and all their Demain Lands which my Bishops and Abbats by fear or easiness granted away and consented they should enjoy them or that they by violence took away and what they as yet unjustly possess of the Demain or Possessions of my Churches And unless they restore them according as you shall on my behalf give them notice you may then constrain them to restore them whether they will or not and if any other or any of you to whom I have committed the doing of Justice in this Matter shall be obnoxious to the same Accusation or Complaint let him restore likewise the Possessions of my Bishopricks and Abbies lest for that reason any of you do not execute what I Command upon my Sheriffs or prove remiss toward such others as hold any Possessions or Lands of my Churches Historia Elien Penes Doctorem Gale p. 87 a. Willielmus Anglorum Rex Omnibus fidelibus suis Vicecomitibus in quorum Vicecomitatibus Abbatia de Heli terras habet salutem Praecipio N. 3 ut Abbatia habeat omnes confuetudines suas scilicet Saccham Socham Toll Team Infanganetheof Hamsocâ—a Grithbrice Fithwite Ferdwite â—nfra burgum extra omnes aliaâ— forisfacturas quae emendabiles sunt in terra sua super suos homines Has inquam habeat sicut habuit die qua Rex Aedwardus fuit vivus mortuus sicut mea Jussione dirationata sunt apud Keneâ—eford per plures Scyras ante meos Barones videlicet Galfridum Constantiensem Episcopum Baldewinum Abbatem Abbatem aeilsi Wifwoldum Abbatem Ivonem Taillebois Petrum de Valoniis Picotum Vicecomitum Telielum de Helium Hugonem de Hofdeng Gocelinum de norwloo plures alios Teste Rogere Bigot Ibid. p. 94. a. Willielmus Rex Anglorum Lanfranco Archiepiscopo Rogerio Comiti N. 4 Moritoniae Gaulfrido Constantiensi Episcopo salutem Mando vobis praecipio ut iterum faciatis congregari omnes Scyras quae interfuerunt placiâ—o habito de terris Ecclesiae Ecclesiae de Heli â—ntequam mea conjux in Normaniam novissime veniret cum quibus etiam sint de Baronibus meis qui competenter adesse poterint praedicto placito interfuerint qui terras ejusdem Ecclesiae tenent Quibus in unum congregatis eligantur plares de illis Anglis qui sciunt quomodo terrae jacebant praefatae Ecclesiae die qua Rex Edwardus obiit Et quod inde dixerint ibidem jurando testentur Quo facto restituantur Ecclesiae terrae quae in Dominico suo erant die obitus Edwardi exceptis his quas homines clamabant me sibi dedisse Illas vero literis mihi significate quae sint qui eas tenent Qui autem tenent Theinlandes quae procul dubio debent teneri de Ecclesia faciant concordiam cum Abbate quam meliorem poterint Et si noluerint terrae remaneant ad Ecclesiam Hoc quoque detenentibus Socam Sacam fiat Denique praecipite ut illi homines faciant pontem de Heli qui meo praecepto dispositione huc usque illum soliti sunt facere Willielmus Rex Anglorum Golfrido Episcopo Rodberto Comiti Moritoniae N. 5
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
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
upon their Oaths to choose of the best Free-men residing upon the Escheat or Ward-Lands so many and such as they thought fit for their purpose to manage the Kings Business as it might best be done for his profit And they were directed to In these times and two or three hundreds of years afterward the King but especially the Bishops Abbats and Temporal Nobility and Knights kept much and many of their Maners and Lands in their own Hands and stocked and managed them by a Praepositus and Servants and sometimes let them to Farm stocked stock the Ward-Lands and Escheats with the Issues and Profits of them until Michaelmass and if that was not sufficient what Wanted was to be supplyed out of the Kings Tolls so that they which took to farm those Ward-lands and Escheats were to answer for them from Michaelmass as Stocked And the King would Warrant to such as held them in farm those ward-Ward-Lands and Escheats from year to year during their Term. So that altho the King gave any of them to any one yet the Farmer should hold his farm until the end of the year paying what should be due from the King but the Justice as Royalties Forfeitures c. which happened upon the Escheat the King Granted were to remain to the King unless the King granted them particularly and by name that is by express words The Farmer when he leaves his farm shall take of all his own stock he set upon it besides the Kings stock freely without Diminution and they shall have the letters patents of the Arch-Bishop as chief Justice conteining the Tenor of the Kings Chart made concerning this matter They were to inquire what was the Rent of This was such as are now called White or Quit-Rents Assise or Constant Rent in every Maner of the Kings Demesns and the value of all things upon those Maners and how many Ploughlands or Caracates they conteined and what their value non-estimating them at 20 s. only the Plough-land but more or less according as the land was better or Worse Those that took farms might stock them with the Profits of the Lands as aforesaid They were also to inquire how many Oxen and Horses ought to be kept for the Tilling of every plough-land and what stock every Maner would maintein and clearly and distinctly to put them in Writing A Plough-Ox was then valued at 4 s. a Cow and Plough-Horse at the same Rate a Sheep with fine Wool at 10 d. and with course Wooll 6 d. a Sow at 12 d. and a Boar at 12 d. and when the Farmers left their farms they were to pay so much money or leave so many Saleable-Beasts at their choice and when all the Ward-lands and Escheats were Stocked improved and valued they were to be inventoried clearly and Distinctly and the Inventory carried into the Exchequer Bishoprics Abbacy's and the Lands of Barons near Age were excepted out of this Constitution They were to inquire by the Oaths of the persons aforesaid of all Wards and Escheats that were not in the Kings Hands that they might be taken into his possession and ordered as the others Capitula placitorum Coronae Regis Hoved. f. 445. b. n. 10. DE placitis Coronae novis veteribus quae non sunt finita coram N. 78 Justiciis Domini Regis De omnibus assisis De morte antecessorum De nova dissaisina De magnis assisis usque ad 10 libratas terrae infra Et de advocationibus Ecclesiarum capientur coram iis electiones magnae assisae per mandatum Domini Regis vel ejus capitalis Justitiae De Ecclesiis vacantibus vel non vacantibus quae fuerunt de donatione Domini Regis quis eas donaverit vel quis eas habeat per quem quantum valent De excaetis Domini Regis eorum valentiis quis eos habeat per quem De dominabus de valectis puellis quae sunt vel esse debent in donatione Domini Regis de valentiis terrarum suarum si quis eorum vel earum sit maritaetus inquiratur cui per quem a quo tempore Inquirendum est etiam quae viduae non sinierunt pro se maritandis finis capiatur ad opus Domini Regis De Sergentariis Domini Regis quis eas habet per quem quantum valent qui finem non fecerunt ad auxilium Domini Regis qui fecerunt finis capiatur De usuris Christianorum eorum catallis qui sunt mortui De illis sunt in misericordia Regis non admerciati De praepresturis Domini Regis De viis Domini Regis estreciatis De thesauris inventis De malefactoribus eorum receptoribus De fugitivis retatis reversis post ultimaâ— assisam De omnibus ponderibus mensuris ulnis renovatis si quatuor homines qui sunt attornati ad haec custodienda in unaquaque villa fecerint quod inde statutum est si attachiaverint transgressores illius assisae si non attachiaverunt prout debent puniantur sicut ipsi transgressores Totum vinum illius qui vendidit contra assisam capietur ad opus Domini Regis praeterea Dominus Vini venditores sint in misericordia Regis Inquirendum est per omnes Comitatus de hidis carucatis si Justitiarii qui ad haec attornati fuerunt se bene habuerint si de omnibus receperunt si aliqua concelaverunt De custodibus portuum maris si quid receperunt quod non reddiderunt si mercedem aliquam receperunt pro jure Regis retinendo si quis aliquid receperit qui non fuerit ad hoc attornatus Inquirendum est si omnes venerint ad summonitiones Justitiarum Domini Regis sicut venire debent si quis sit qui non venerit quis ille fuerit qualiter nominatus fuerit Assisa Domini Regis de Forestis HAec est assisa Domini Regis haec sunt praecepta de Forestis suis in Anglia facta per assensum Consilium Archiepisc Episcoporum Abbatum Comitum Baronum Militum totius regni sui Dominus Rex primum defendit quod si aliquis ei forisfaciat de venatione sua vel de forestis suis in aliqua re non vult quod confidant in hoc quod habuit misericordiam de illis per eorum catalla hucusque qui ei forisfecerint de venatione sua de Forestis suis Nam si qui a modo ei forisfecerint inde inde convicti fuerint plenariam vult de illis Justitiam fieri qualis facta fuit tempore Henrici avi patris Domini Regis viz. ut amittant oculos testiculos Item Dominus Rex defendit quod nullus habeat arcus vel sagittas neque canes neque leporarios in forestis suis nisi habeat ipsum Regem
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
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
caetero exire de regno nostro redire salvo et secure per terram per aquam salva fide nostra nisi in tempore Guerrae per aliquod breve tempus propter communem utilitatem regni exceptis imprisonatis utlagatis secundum legem Regni Gente contra nos Guerrina Mercatoribus de quibus fiat sicut supradictum est It shall be lawful for any one for the future to go out of our Kingdom and return safely and securely by Land or by Water saving his Faith or Allegiance to us unless in time of War by some short space for the Commune Profit of the Kingdom except Prisoners and Out-Laws according to the Law of the Land and People in War with us and Merchants who shall be in such Condition as aforesaid LIII Si quis tenuerit de aliqua escheeta sicut de honore Walingfordiae Bononiae Lancastriae Notingham vel de aliis escheetis quae sunt in manu nostra sint Baroniae obierit haeres ejus non det aliud relevium nec faciat nobis aliud servitium quà m faceret Baroni si illa Baronia esset in manu Baronis nos eodem modo eam tenebimus quo Baro eam tenuit nec nos occasione talis Baroniae vel Eschaetae habebimus aliquam Eschaetam vel custodiam aliquorum hominum nostrorum nisi alibi tenuerit de nobis in capite ille qui tenuit Baroniam vel Eschaetam If any Man holds of any Escheat as of the Honor of Walingford Bologne Lancaster Nottingham or of other Escheats which are in our Hands and are Baronies and dies his Heir shall not give any other Relief or perform any other service to us than he did to the Baron if the Barony had been in possession of the Baron and we will hold it after the same manner the Baron held it Nor will we by reason of such Barony or Escheat have any Escheat or Wardship of any of our Men unless he that held the Barony or Escheat held of Vs in Capite in another place LIV. Homines qui manent extra Forestam non veniant de caetero coram Justitiariis nostris de Foresta per communes submonitiones nisi sint in placito vel plegii alicujus vel aliquorum qui attachiati sunt propter Forestam Those Men which dwell without the Forest for the future shall not come before our Justices of the Forest upon Commune Summons but such as were concerned in the Controversie or were Pleges for any that were Attached for any thing concerning the Forest LV. Omnes autem bosci qui fuerunt afforestati per Regem Richardum fratrem nostrum statim deafforestentur nisi fuerint * domini bosci nostri All Woods that were taken into the Forest by King Richard our Brother shall forthwith be laid out again unless they were our Demeasn Woods LVI Nullus liber homo de caetero det amplius alicui vel vendat de terra sua quam ut de residuo terrae suae possit sufficienter fieri Domino feudi servitâ—um ei debitum quod pertinet ad feudum illud No Free-Man for the future shall give or sell any more of his Land but that of the residue the Service due to the Lord of the Fee may be sufficiently performed LVII Omnes Omnes Barones qui fundaverunt Abbathias In MSS. Coll. Corp. Christi Patroni Abbatiarum qui habent Chartas regum Angliae de advocatione vel per aliquam antiquam tenuram vel possessionem habeant earum custodiam cum vacaverint sicut habere debent sicut supra declaratum est All Patrons of Abbies which have Charts of the Kings of England of the Advowson or by any ancient Tenure or Possession may have the Custody of them when void as they ought to have and as was declared before LVIII Nullus capiatur vel imprisonetur propter appellationem foeminae de morte alterius quam viri sui No Man shall be taken or imprisoned upon the Appeal of a Woman for the Death of any other Man than her Husband LIX Nullus Comitatus teneatur de caetero nisi de mense in mensem ubi major terminus esse solebat major sit No County Court for the future shall be holden but from month to month and where there used to be a greater space let it be so LX. Nec Vicecomes aliquis vel Ballivus suus faciat terminum suum per Hundredum nisi bis in anno non nisi in loco debito consueto videlicet semel post pascha iterum post festum Sancti Michaelis Et visus similiter de Franco plegio tunc fiat ad illum terminum Sancti Michaelis sine occasione ita scilicet quod quilibet habeat suas libertates quas habuit habere consuevit tempore Henrici Regis avi nostri vel quas postea adquisivit Neither any Sheriff nor his Bayliff shall keep his Turn oftner than twice in a year and only in the accustomed place that is to say once after Easter and once after Michaelmas and the View of Franc Pleges or Sureties for the Peace of the Freemen one for another or of the Tithings shall be then after Michaelmas without oppression and so that every one shall have his Liberties which he had and was wont to have in the Time of King Henry our Grandfather or such as he obteined afterwards LXI Fiat autem visus de Franco plegio sic ut pax nostra teneatur quod tething integra sit sicut esse consuevit But the view of France Pleges shall be so made That our Peace may be kept and That the Tithing be whole and full as it wont to be LXII Et quod Vicecomes non quaerat occasiones quod contentus sit de eo quod Vicecomes habere consuevit de visu suo faciendo tempore Henrici Regis avi nostri And that the Sheriff shall not oppress or vex any man and that he shall be Content with what the Sheriff wont to have for his view in the Time of King Henry our Grandfather LXIII Non liceat de caetero alicui dare terram suam domui religionis ita quod illam resumat tenendam de eadam domo For the future it shall not be lawful for any man to give his Land to a House of Religion so as he may take it again and hold it of that House LXIV Nec liceat alicui domui religionis terram sic accipere quod tradat eam illi à quo illam recepit tenendam Si quis autem de caetero terram suam sic dederit domui religiosae super hoc convincatur donum suum penitus cassetur terra illa domino suo illius feudi incurratur Nor shall it be lawful for any Religious House so to receive Land as to pass it to him again of whom they received it to hold of them If any Man for the future shall so give his Land to
those Castles as were faithful or well affected and would keep their Oaths And then he firmly Commands That the English Church should be free That all men or Feudataries of the Kingdom or Secular Goverment should have and hold all the Liberties Laws and Customes conteined in the Charters Well and in Peace Freely and Quietly fully and wholly to them and their Heirs of him and his Heirs in all things and places for ever And he and the Barons Swore to the Observation of them of all these matters without fraud or Deceit and this Grant was Signed with his own hand in the Meadow between Stanes and Windsor on the same day the Great Charter and Charter of the Forest were Granted and Confirmed That is on the 15th of June in the 17th year of his Reign The five and twenty [9] Mat. Paris f. 262. n. 10. The names of the twenty five Barons Elected Barons were these The Earl of Clare the Earl of Albemarle the Earl of Glocester the Earl of Winchester the Earl of Hereford Earl Roger of Norfolk and Suffolk Earl Robert of Oxford the Earl Marshal the Younger or William Marshal the Younger Robert Fitz-Walter Senior Gilbert de Clare Eustachius de Vescy Hugo Bigod Willielmus de Munbray alias Mowbray the Mayor of London Gilbert de La-Val Robert de Ros the Constable of Chester Richard de Perci Iohn Fitz-Robert William Malet Geofrey de Say Roger de Munbray William de Huntingfield Richard de Munfichet William de Albeney [1] Ibid. They Swear to Compel the King to keep the Peace and agreement These five and Twenty Barons Swore by the Kings order Isti viginti quinque Barones Juraverunt Rege hoc Disponente That in every Instance they would obey their Orders and Directions and would Compel the King if perchance he should Repent him of these things On the 18th of June the [2] Append. n. 117. A. D. 1215. 17 Johan Regis same year the King by his Writ Dated at Runemed Directed to Stephan Harengod let him know That a firm Peace was there made between him and his Barons inter nos Barones nostros on Fryday next after the Feast of Holy Trinity so as he had received their Homages and therefore Commanded him to do no injury to his Barons or others by Reason of the Discord between them And further Commanded him that so much of the Fines and Penalties set by reason of that Discord which remained unpaid should not be Levid and if any thing had been taken after that Fryday it was to be restored He was also to release all Prisoners and Hostages taken and deteined by reason of the War On the 19th of the same Month [3] Append. n. 118. He gives notice to all Sherifs and other Officers of the Peace and Commands them to cause all within their Jurisdiction to Swear to be obedient to the 25 Barons He also Commanded 12 Knights to be chosen in every County to inquire of Evil Customs c. by his Writ dated at the same place he signifyed to all Sheriffs Foresters Wareners Keepers of Rivers and his other Bayliffs or Officers That there was a firm Peace made between him the Barons and Free-men of his Kingdom inter nos Barones liberos homines Regni nostri as appeared by his Charter which he Commanded publickly to be read in his Bayliwicks VVilling and streightly Charging the Sherif That he should cause all of his Bayliwic according to the form of the Charter to Swear to the five and twenty Barons or their Attorneys constituted by their Letters Patents at such Day and time as they should appoint and also VVilled and Commanded That Twelve Knights should be chosen in every County at the next County i. e. County Court which should be holden after the receit of these Letters To inquire of the Evil Customes or Practises of Sherifs and their Ministers of Forests and Foresters Warens and Wareners of Rivers or River-banks and their Keepers or Tribute gatherers towards the Repairs of Bridges and Banks and to extirpate them After this on the 27th of the same Moneth from Winchester he Directs his Writ particularly to the [4] Append. n. 119. Such as refused to Swear to obey the 25 Barons to be imprisoned and to have their Lands and Goods seized Sherif of Warwicshire and the 12 Knights there Elected to Inquire after and root out all Evil Customes and Practises of the Sherifs and their Officers of Forests and Foresters Warens and Wareners Rivers and their Keepers Commanding them That without delay they Seize the Lands Tenements and Chattels of all those in the County of Warwic which refused to Swear to the twenty five Barons or their Attorneys and to detein them until they did Swear And this was Established by the Arch-Bishop of Canturbury and Barons of this Kingdom And as he had been forced to these things so he for the performance of them was Compelled to Engage and put into their possession the [5] Append. n. 120. The King gives Caution for the observation of such tâ—ings as the 25 Barons exacted of him City and Tower of London and Covenant with Robert Fitz-Walter Marshal of the Army of God and of Holy Churâ—h in England Richard Earl of Clare Geofrey Earl of Essex and Glocester Roger Bigod Earl of Norfolke and Suffolke Saher Earl of Winâ—hester Robert Earl of Oxford H. Earl of Hereford and the Barons following William Marshal the younger Eustace de Vescy William de Mobray Iohn Fitz-Robert Roger de Mont-Begon William de Lanvalay and other Earls and Barons and Freemen of the whole Kingdom That they should hold the City of London of the Livery of the King until the 15th of August that year saving to him his Farms Rents and Clear Debts And that the Archbishop of Canturbury should hold the Tower in like Manner for the same Term Saving to the City 't is Liberties and Free Customs and saving to every one his right in the Guard of the Tower of London and so as the King should not put in Ammunition or New Forces into the City or Tower in the mean time And further that within the said Term Oaths should be made through all England to the 25 Barons or their Attorneys according to the Writs for Choosing Twelve Knights in every County to Destroy evil Customes c. And also that all things which the Earls Barons and other Free Men do require of the King which he says ought to be restored or which ought by the Judgment of the Twenty Five Barons or Greater Part of them to be restored shall be restored and if these things were done or the King hindered not the Doing of them within the said Term then the City and Tower of London were to be Re-delivered to him c. And if they were not done or the King hindered the doing of them then the Barons should hold the City and the Archbishop the Tower until the Covenants were performed and
in the mean time all on both parts to repossess their Lands Castles and Towns which they had in the Beginning of the War between the King and Barons On the 27th of June by his Writ Directed to the Sheriff of Warwic we find King Iohn at Winchester from whence he passed privately to the Isle of [6] Mat. Paris f. 264 n. 40. King John goes into the Isle of Wight Wight where considering how to free himself from the Fetters of the Barons the Hardships they had put upon him and how he might make himself King again [7] Ibidem Sends to the Pope to void his Engagements and what the Barons had done And sends beyond Sea for Forces He sent Pandulph with others to the Pope that he might by his Apostolic Authority make void what the Barons had done and Frustate their Design He also sent Walter Bishop of Worcester and Chancellor of England Iohn Bishop of Norwich Richard de Marisco or Marsh William Gernon and Hugh de Boves to all the Transmarine Neighbour Nations with his Seal to procure Military assistance [8] Ibid. f. 265 lin 1. c. promising such as would Arm themselves for him possessions and Money good Store And for the greater Credit if it were needful they might make Charts to such as were Willing to come for their Greater security and their Military Stipends and appointed them to meet him at Dover on Michaelmass Day with as many as they could bring over [9] Ibidem lin 4. c. he sent also to all his Castellans or Governors of his Castles to Fortifie Man and Victual them as if they were to be immediately besieged and endeavour'd to make the Seamen of the Five-Ports of his Party and Friends In the mean time [1] Ibidem f. 265. n. 20. the Barons which were in London thinking their Work compleated appointed to meet at a Torneament or Tryal of Feats at Arms at Stanford Whereupon Robert Fitz-Walter and other Great Men wrote to William de Albeney what great conveniency it was to them all to keep in the City of [2] Append. n. 121. London the Receptacle of the Barons The Torneament which was to be at Stanford put off and to be holden upon Hounslo-â—eath London which was their Receptacle and what disgrace and damage it would be to them if by their negligence it should be lost c. And therefore by Common Council they deferred the Iusts which were to be at Stanford on the Monday after the Feast of Peter and Paul the Apostles i. e. the 29th of June until Monday after the Octaves of that Feast And that they should be holden upon the Heath between Stanes and Hounslawe and this they did for the security of themselves and City And therefore they sent to and required them diligently That they should come so well provided with Horse and Arms to the Tilting as they might receive Honor And he that behaved himself best should have the Bear a Lady would send thither At the same time Mat. Paris f. 265. n. 40 50. f. 266. lin 1. c. The King by his Messengers complains to the Pope of the hard usage of the Barons the Messengers of the King appeared before the Pope complaining of the Barons what affronts and injuries they had done to and Rebellions they had raised against him Exacting from him such Wicked Laws and Liberties as were not fit for his Royal Dignity to Grant Exigentes ab eo quasdam Leges Libertates iniquas Quas Regiam Dignitatem non Decuit Confirmare And that after the Discord between them when the King and Barons often met to Treat of Peace he publickly protested before them That the Kingdom of England in Respect of Dominion belonged to the Roman Church and That without the Popes Consent he could ordain nothing New or Change any thing in his Kingdom to his Prejudice And Therefore by Appealing put himself And puts himself under his Protection and all the Rights of his Kingdom under the Protection of the Apostolic See That the Barons taking no notice of the Appeal were then in Possession of the City of London Delivered to them by Treason and then armed themselves and Exacted the foresaid Liberties and the King fearing their force dare not deny what they required And then they delivered the Articles of the Charter in Writing to the Pope which when he Diligently perused he Knit his Brows and said What do the Barons of England indeavor to Dethrone a King that hath taken upon him the Croysado and is under the protection of the Apostolic See and to Transfer the Dominion of the Roman Church to another By St. Peter this Injury we cannot pass by unpunished And Deliberating with the Cardinals Damned and Cassated for ever by a Definitive Sentence The Pope makes void the Charter of Liberties the Charter of Liberties so often mentioned and sent the Bull which Conteined the Sentence to the King But before we speak further of it ' its necessary to take notice of some Precedent Records which it refers to not to be found in the Historians After the Barons had appeared in a Warlike Posture before the King at Christmass as hath been related and made their Demands of the Liberties they required of him He gave the Pope Notice of it who upon the 19th of March following [4] Append. n. 122 123. The Pope chargeth the Barons for raising new Questions and Controversies and exhorts them not to enter into Conspiracies against the King but to behave themselves dutifully towards him wrote to the Archbishop and his Suffragans or the Bishops of his Province and the Barons that they raised new Questions and Controversies against the King such as were not heard of in the time of his Father or Brother That they should not enter into Conspiracies against him but humbly and Dutifully apply themselves to him and perform their accustomed Services which were Due and had been performed by their Predecessors to him and his Predecessors Upon which he would enjoyn him upon the Remission of his sins To deal Mildly with his Nobles and admit their Just Petitions On the 10th of May next following He Published a [5] Append. n. 124. Declaration That he would not take the Barons or their Men That is their Tenents nor Disseise them nor pass upon them by force and Arms But by the Law of the Land and Judgment of their Pears in his Court The King offers to refer the Differences between him and the Barons while Things should be Determined by Four to be chosen on his part and four by the Barons and the Pope to be Vmpire and for the Performance of this he offered as Sâ—curity the Bishops of London Worcester Chester Rochester and William Earl Waren On the 29th of May following King Iohn [6] Append. n. 125. The Archbishop and his Suffragans neglect the Popes Commands The Barons refuse to hear what he wrote King
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