not thought it a Burthen and at first these sort of Men were forced upon this kind of Privilege or Birth-right as appears in the Glossary to my Introduction c. f. 6â— 63 64. And further if these men had been so considerable then or there had been any numbers of such what need was there in these times to summon the Lords [5] See the Glossary to my Introduction f. 57. B. c. Reeve or Baily who was commonly no other than one of the best sort of his [6] See the Glossary here in the word Praepositus or Reeve Villans or Bondmen and four Men of every Town to make answer in Pleas of the Crown in Turns and in Pleas of the Forest with Arch-Bishops Bishops Earls Barons Knights free-Free-tenants that is Tenants in Military Service that were not Knights which had Lands and Tenements within the Bounds of the Forest in the County where they summoned I say if these had been Men of any note or there had been any number of them what need other Persons to have been summoned after all the Free-holders that had Lands in the Forest c. Thirdly In an [7] Coke â—â—stitut f. â—94 b. Attaint brought against a Petty Jury for a false Verdict in these times and the Fact proved and found They were to forfeit all their Goods and Chattels their Lands and Tenements were to be taken into the Kings Hands Their Houses were to be Demolished their Trees digged up by the Roots and their Meadows ploughed up Surely these were men of more considerable Estates that were presumed to have Meadows and Timber or Trees upon their Lands than the ordinary Free Socagers of those times or the Free-holders of ours that can Swear for a Friend that a Shed or a House with a Chimney worse than a Shed and a Rod or half an Acre of Hempland with one Pear-tree or Apple-tree upon it is worth forty Shillings a year Having considered the Quality of our Ancient Free-men and ordinary Free-holders I shall consider what Liberties were contended for in these times who contended for them and who were capable of them or could receive the Benefit of them And how or in what manner they were claimed I take it for granted that it will not be denyed that Magna Charta was the summ of the Liberties desired and how that was obteined I refer the Reader to the Reign of King John Kingâ— Edwards Law The Factious Bishops and Church-men and the Seditious and Dissolute Barons made a noise for King Edwards Laws But what they were it is now a hard matter to know Those put forth under his Name with Mr. Lambards Saxon Laws were none of his they are an incoherent Farce and mixture and a heap of non-sence put together by some unskilful Bishop Monk or Clerc many years after his Death to serve the Ends and Designs of the present Time In the 11th Law Tit. de Danegeldo there is the Story of Duke Roberts pawning of Normandy to his Brother Rufus toward the latter end of his Reign when he made his Voyage into the Holy Land In the 35th Law Tit. de Greve there seems to be a Reference to the Assise of Arms made in King [8] Hoved. f. 350. a. n. 30. Henry the Second's time in the whole Rude Mass the words Comites Barones Milites Servientes Serviâ—ium Villanus Catalla Manutenere and many other Norman words are to be found All these are pregnant Arguments they were framed after the Conquest And of this Opinion was Sir Henry Spelman [9] Glossar f. 68. Col. 1. In legibus Edwardi Confessoris Baro saepe occurit sed has ipsas nobis porrexit Normannus Quispiam nam pluribus aliis dictionibus scatent Normanicis In the Laws of Edward the Confessor the word Baro often occurs but these some Norman contrived for us for they abound with other Norman words There is another * Sir Ed. Coke says William the Conqueror composed the summ of these into a Magna Charta which was the Ground Work of all those that followed Preface to his 8. Report Copy of these Laws which Ingulph says he brought with him to his Monastery of Croyland The ordinary men received not much advantage by these unless to be severely punished for their Transgressions and bound to servitude was a Benefit What these Laws were and how adapted to the Liberty of the ordinary Free-men see my Answer to Argumentum Antinormanicum f. 253 254 255 256 257 258 259 260 261. The first direct demand of these Laws was when Henry the First made a wheadling [1] Mat. Paris f. 55. n. 20. Speech to the Clergy and Great Men to perswade them to consent to his usurpation upon his Brother Robert who then told him That if he would Confirm by his Charter the Laws and Liberties that flourished in the Kingdom in Holy King Edwards time they would consent he should be King To which he agreed And then says the 2 Monk he granted the Liberties under-written to be observed in the Kingdom for the Exaltation of Holy Church and the Peace of the People which Charter is to be found in the [3] N. 102 fol. 119. Appendix intire and it was perfectly a Relaxation of some severities which had been here introduced into the General Feudal Law of Europe and nothing else and none but a Tenant in Military Service his Widow or Children could take any advantage by it All the Witnesses to this Charter were Great Normans and I remit my Reader to the Translation and what I have said of it in the same [4] F. 265 266 267 268 269. Answer to Argumentum Antinormanicum This Charter Henry the Second confirmed in the first or second year of his Reign by a Charter of his [5] Append. n. 40. and fol. 40. which see own which being short I will here Translate and the rather because it shews us to what Persons he granted this Confirmation â— Henry by the Grace of God King of England c. to his Barons and Feudataries * See Angli Anglici in the Glossary to my Introduction c. And Feudarii and Fideles there French and * See Angli Anglici in the Glossary to my Introduction c. And Feudarii and Fideles there English Greeting Know ye that to the Honour of God and of Holy Church I have Granted and Restored and by this my present Charter have Confirmed to God and Holy Church and to all Earls and Barons and to all my [6] See there f. 66. lin 1. Vassals or [6] See there f. 66. lin 1. Tenants all those Customs that is Laws which my Grandfather Gave and Granted to them in like manner also those evil Customs or Laws which he Remitted and Abolished I do Remit and Grant they shall be Abolished for Me and my Heiâ—s wherefore I will and firmly Command that Holy Church and all Earls and Barons and all my Tenants may have and hold freely
Knights Fee and the Maner of Hwayton with the whole Barony which formerly belonged to Robert de Cramavil by the Service of three Knights Fees he had then also the Honor of Tikhil with sixty Knights Fees and three parts of a Knights Fee belonging to it Dugdales Baronage fol. 107. Tom. 1. Knights Fees or Military Fees which if they were not sufficient for the maintenance of one Soldier For maintenance of their Horse and Arms yet according to the Quantity of Land they injoyed they contributed such a share or performed such Service as was appointed and agreed for half a third or fourth or less part according to the smallness of the Portion of the Fee granted towards the Lords Military Expences [8.] Ibidem Base Tenure a third part he distributed to such as performed all rustick and servile Works repaired his Houses ploughed and sowed his Land reaped his Crop carried it into Barn Threshed it Digged Hedged and took care of his Flocks and Fields The Precincts of this Distribution were governed by such Laws as the Lords imposed and as all their Estates arose from his Beneficence so they depended on his Will Hence so many several Customs Whence several Customs in several Maners in several Maners The Lords House was the Aula Hall or Court and all the Tenents if need required were bound to attend there every three weeks but generally at the Feast of the Annuntiation and St. Michael from whence these Courts kept at those times were called Curiae generales or General Courts These Lords of Maners or small Baronies held either in Capite of the King or most commonly of other great [8.] Grand Cust of Norm c. 34 35 53 and every where in our ancient Lawyers and Historians Barons as of their Honors or Heads of their Baronies by the same Tenures and under the same Forfeitures and these in like manner of the King in Capite for by the [9.] Hot. de â—eud Disp â— 10. 830. D â—hey might â—aighten but not inlarge the Condition of the Fee Ibid. Feudal Law Sub-Fees were to be given and received according to the Laws of the first Institution of the Capital Royal or Great Fees which held immediately of the Prince and therefore as the Inferior or lowest Lords * Charter â—rand Cust c. 53. had their Courts most commonly for adjusting all Matters within the Jurisdiction of their Maners so had those of a middle Rank within their Jurisdictions for such of these inferior Lords or others as held of their Baronies And likewise that Capitol Barons had their Courts within their Jurisdiction in which all or most Matters relating to Lords of Maners ought Suit to the Courts of mean Barons and arising between their Tenents were ordered and decided and they were not only held at the chief Seats of their Honors or Baronies but perhaps all over England where they had any considerable Lands or Possessions as the (f) This Title was Frequent in Normandy for the Seat or head of the Honor Earldom Honor what or Barony See Script Norm 1037 1040. Honor of Richmond Honor of Gloucester and Clare Dutchy of Lancaster And they to the Courts of great Barons on whom they held c. have at this day their several Courts for determining Controversies and Suits within their Jurisdiction of matters of small value Lastly these great Barons were within the [9.] Glan l. 1. c. 3. And the great Barons to the Exchequer or Kings Court Jurisdiction of the Kings Court or Exchequer where all Pleas concerning their Baronies were terminated The Conqueror gave to some of the greatest of his Followers whole Counties and to some two three or more Counties with a great proportion of Lands in them The Lands of England parcelled out and distributed by the Conqueror to others some part or portion of a County as Hundreds or several Maners and Towns in them who sometimes parcelled them out to their Dependents and Friends and they again to theirs till at last though the Saxons most frequently held their own Estates of these new Lords and by new Titles from them some Soldiers and ordinary men had some proportionable shares for their Services though upon hard Conditions possessing them for the most part as Feudataries and according to the Rules of the Feudal Law which as it was the Law for the most part in Normandy as to Possession and Tenure so was it here in England until by the Indulgence of Vsurpers to the great men and of them to the People their Tenents and Followers their Tenures became more easie and were changed into Inheritances both Free and Bond as they did in France upon the Usurpation of [1.] Hottom in Feud Disp col 845. A.B. Et de Serres fol. 120. A. D. 987. The Barons made advantage by setting up Vsurpers â—nd sometimes of their lawful Soveraigns by bearing too hard upon them Hugh Capet the Nobility closing with him on condition their Baronies and Fees might be Hereditary and Patrimonial which before were Arbitrary and injoyed at the Will of the King only The Nobility in those times never lost by advancing Usurpers if they prospered always bargaining with them for some Flowers of their Crown and the bettering their own Condition As appears by the Stories of our Henry the First King Stephen and King John and with their Lawful Soveraigns also who according to their Examples and their own Necessities as things then stood and for their own Security were often forced to comply with the Demands of Holy-Church and the Barons called in to her Assistance though to their own disadvantage and besides this way Lands became â—ree and Hereditary many ways without doubt many Lands became Free and Hereditary or their Services made certain by Compact or Agreement between Tenents and indigent Lords whereby their Lands were manumised the Services released or they were granted to them by Deed or Feofment The Feudal Law might be relaxed by the use of the Canon and Imperial Law and it is not unlikely but that the use of the Canon and imperial Law prevailing here or being promiscuously used with the ordinary Law for a Century or two of years from the time of King Stephen until * Seld. Dissertatio in Fletam c. 8. the Reign of Edward the Third might much relax and abate the Rigor of the Feudal Law and render the Fees less Conditional and far more qualified than they had been formerly and hence the Laws concerning them became more easie and received their several Alterations and Amendments by Flux of time or Acts of great Councils or Parliaments and instead of rigorous Tenures the more soft ones of Fee-Simple in all its kinds and inheritable and qualified Copy-holds were introduced Besides this Tenure of Homage there were also other Tenures in Normandy Tenures in Almoigne in Normandy In Burgage as Per Elemosynam in Franke almoigne as the Church-lands were held Burgage as the Lands in
virorum Willielmi Mareschalli Comitis Penbroc W. Comitis Saresberiensis Willielmi Comitis Warrennae Willielmi Comitis Arund l Alani de Galeweia Constabularii Scotiae Warin filii Gerardi Petri filii Hereberti Huberti de â—urgo Seneschalli Pictaviae Hugonis de Novilla Matthaei filii Hereberti Thomae Basset Alani Basset Philippi de Albeni Roberti de Ropesle Johannis Marescalli Johannis filii Hugonis aliorum fidelium nostrorum in primis concâ—ssisse Deo hac praesenti Charta nostra confirmasse pro nâ—bis haeredibus nostris in perpetuum JOHN By the Grace of God King of England c. To the Archbishops Bishops c. Know ye That We in the presence or for the sake of God and for the Health of our Soul and the Souls of all my Antecessors and Heirs and to the Honour of God and the Exaltation of Holy Church and Amendment of our Kingdom by advice of our Venerable Fathers Stephan Archbishop of Canturbury Primat of all England and Cardinal of the Holy Roman Church Henry Archbishop of Dublin William Bishop of London Peter of Winchester Jocelin of Bathe and Glastonbury Hugh of Lincoln Walter of Worcester William of Coventry Benedict of Rochester Bishops And Master Pandulph the Popes Sub-Deacon and ancient Servant Brother of the Master of the Temple of England and the Noble Persons VVilliam Mareschal or Marshal Earl of Pembroke VVilliam Earl of Salisbury VVilliam Earl of VVarren VVilliam Earl of Arundel Alan de Galewey Constable of Scotland VVarin Fitz-Gerard Peter Fitz-Herebert and Hugo de Burgh Senescal or Steward of Poictou Hugh de Nevâ—l Matthew Fitz-Herebert Thomas Basset Alan Basset Philip de Albeney Robert de Ropesle Iohn Marshal Iohn Fitz-Hugh and others our Feudataries or Liegemen Have first of all Granted to God and by this our present Charter Confirmed for Vs and our Heirs for ever I. Quod Anglicana Ecclesia libera sit habeat jura sua integra suas libertates illaesas ita volumus observari quod apparet ex eo quod libertatem electionum quae maxima magis necessaria reputatur Ecclesiae Anglicanae mera spontanea voluntate ante discordiam inter nos Barones nostros manifeste motam concessimus charta nostra confirmavimus eam obtinuimus a domino Papa Innocentio Papa tertio confirmari quam nos observabimus ab haeredibus nostris in perpetuum bona fide volumus observari That the English Church shall be free and enjoy her whole Rights and her Liberties unhurt and we will have them so observed as it may appear That the Freedom of Elections which was reputed most necessary for the English Church which we Granted and Confirmed by our Chart and obteined the Confirmation of it from Pope Innocent the Third before the Discord between Vs and our Barons was of our meer Free Will Which Chart of Freedom we shall Observe and do will it to be faithfully observed by our Heirs for ever II. Concessimus etiam omnibus liberis hominibus nostris Regni Angliae pro nobis haeredibus nostris in perpetuum omnes libertates subscriptas habendas tenendas eis haeredibus suis de nobis haeredibus nostris We have also Granted to all our Freemen of the Kingdom of England for Vs and our Heirs for ever All the underwritten Liberties to Have and to Hold to them and their Heirs of Vs and Our Heirs III. Si quis Comitum vel Baronum nostrorum sive aliorum tenentium de nobis in capite per servitium militare mortuus fuerit cum decesserit haeres suus plenae aetatis fuerit relevium debeat habeat haereditatem suam per antiquum relevium scilicet haeres vel haeredes Comitis de Baronia Comitis integra per centum libras haeres vel haeredes Baronis de Baronia integra centum marcas haeres vel haeredes mâ—litis de feudo militis integro pâ—r centum solidos ad plus qui minus debuerit minus det secundum antiquam consuetudinem feudorum If any of our Earls or Barons or others which hold of us in Chief by Military Service shall die and at the time of his Death his Heir shall be of Full Age and owes a Relief He shall have his Inheritance or Estate by the Antient Relief That is to say the Heir or Heirs of an Earl for a whole Earls Barony an Hundred Pounds The Heir or Heirs of a Baron for a whole Barony an Hundred Marks The Heir or Heirs of a Knight for a whole Knights Fee an Hundred Shillings and he that oweth less shall give less according to the Antient Custom of Fees IV. Si autem alicujus haeres talium fuerit infra aetatem fuerit in custodia dominus ejus non habeat custodiam ejus nec terrae suae antequam homagium ejus ceperit postquam talis haeres fuerit in custodia ad aetatem pervenerit scilicet viginti unius anni habeat haereditatem suam sine relevio sine fine ita tamen quod si ipse dum infra aetatem fuerit fiat miles nihilominus terra remaneat in custodia Dominorum suorum usque ad terminum praedictum But if the Heir of any such shall be under Age and shall be in Ward his Lord may not have the Wardship of him nor his Land before he hath received his Homage And after such Heir shall be in Ward and shall attein to the Age of one and twenty years he shall have his Inheritance without Relief or without Fine Yet so that if he be made a Knight while he is under Age nevertheless the Land shall remain in the Custody or Guardianship of their Lords until the foresaid time V. Custos terrae hujusmodi haeredis qui infra aetatem fuerit non capiat de terra haeredis nisi rationabiles exitus rationabiles consuetudines rationabilia servitia hac sine destructione vasto hominum vel rerum Et si nos commiserimus custodiam alicui talis terrae Vicecomiti vel alicui alii qui de exitibus terrae illius nobis debent respondere ille destructionem de custodia fecerit vel vastum nos ab illo capiemus emendam terra committatur duobus Legalibus discretis hominibus de feudo illo qui similiter nobis respondeant sicut praedictum est The Warden or Guardian of the Land of such Heir which shall be under Age shall take of the Land of the Heir only reasonable Issues or Profits reasonable Customs and reasonable Services and these without the Destruction or Waste of the Tenents or things upon the Estate And if we shall Commit the Guardianship of those Lands to the Sheriff or any other which ought to answer to us for the Issues or Profits of the Land and he shall make Destruction and Waste upon the ward-Ward-Lands we will force him to give Satisfaction and the Land shall be committed to lawful and discreet
ad Geld. Ibi modo in Dominio ii Car. xxvii Sochmani de ii Car. iii Bovat hujus Terrae viii Villani xx Bordar habentes xiv Caruc In Colingham the Abbat of Peterburgh hath four Carucates of Land which he Rents out There are now in Demeasn two Carucates and twenty seven Socmen that have two Carucates and three Bovates of this Arable and eight Villans and twenty Bordars that have fourteen Carucates In this Shire the Entries of the ordinary Inhabitants throughout are in Dominio Socmen Villans Bordars as in Derby shire The Socmen generally held small parcels of Land as half a Carucate a Bovate c. Roteland scire as Snotingham-scire Eurvic scire In this [6] See Domesday for this Title Shire the Entries are generally as to Persons in Dominio sunt Villans Bordars Sochmen And habet as Rex habet Servants Socmen Villans Bordars seldom any others except as before excepted in Kent Sussex Surrey c. In all Counties of England whose Land soever it was whether it was the Kings Land Church Land or possessed by Earls Barons Knights or other Military and Secular Men in every Town and place these sort of Men were the * Note That whereas 't is said in the Glossary to my Introduction c. That in every Leaf and almost every Entry upon that Leaf in Domesday Socmen and Freemen were to be found it proves a mistake for upon a second and third perusal of the great Book especially the Persons and Inhabitants of Towns and Villages were such as I have here noted in every County Inhabitants and those that occupied used or managed the Land under the Owners of the Towns or Lords of Maners who held of the King immediately or mediately as appears by this Survey or great Record By which it is most evident that most of the Lands in England were holden by Military Service or Serjeanty and in Villanage of those Military Tenants and Tenants in Serjeanty For all these Persons of divers Denominations which afterwards received other and fewer names were but several sorts of Villans as will hereafter appear in the Glossary and held their Lands by Base and Servile Tenures There was at the time of making the Survey no Free Socage if there had it would have been entred as the Land holden in Alodio was for Hidage-sake Nor Frank Free that is Land holden without performance of any Service such as we now call most of our Free-holds unless some small parcels that belonged to some Parish Churches especially in Suffolk which is called Terra libera or Burgage-tenure or the Land holden in Alodio in King Edwards time or afterwards was such of which there is here and there a Town or Maner a Hide or Carucate c. so holden in the Survey I will give one Instance of it Hantescire [7] Domâ—sday f. 50. a. Col. 1. Tainorum Regis ALwi filius Saulf tenet de Rege Tederleg Pater ejus tenuit in Alodio de Rege Edwardo Tunc modo Geld. pro iii Hid. Terra est iv Carucat in Dominio sunt Duae ii Villani et ix Bordar cum ii Caruc ibi ii Molin de xxvii sol et vi d. et xxvi acr prati Silv. de xxx Porc. valuit lx sol modo xl Alwi the Son of Saulf holds Tederley of the King his Father held it as Alodium Frank Fee or Free-land Then and now it was and is taxed for three * Alodium always paid Hidage as other Land See Alodium in in the Glossary to my Introduction f. 1. Hides The Arable Land is four Carucates there are two in Demeasn and two Villans and nine Bordars with other two There are two Mills Rented at 27 s. 6 d. and twenty six Acres of Meadow Wood for thirty Hogs it was worth sixty Shillings now forty This Alwi was one of the Kings ordinary Thanes or Servants and held this Town in Serjeanty which might be consistent enough with the Tenure in Alodio and such Lands are now reputed Free-hold but these were not in the hands of Socmen Villans Bordars Cotars Servants and the like Nor were many of them in their own hands as we may phrase it or in their own Power for such as were in Dominio and in most places it was so were the Lords proper Men wholly under his Power and Disposal both in Body and Goods except Life and Death and were fixed to the Maner so as they could not remove themselves out of the Precincts of it without his leave These sort of Men Ingulph in the Latin Version of King Edreds Charter to the Abbats and Monks of Croyland calls Nativi a word afterwards used with us the worst sort of Villans and Bondmen Et praecipio quod omnes homines Fugitivi quos iidem Monachi Testimonium Quatuor vel quinque hominum fide-dignorum coram vicecomite in Patria in qua tales manent possunt Assidare suos nativos esse reducantur per eundem vicecomitem in Abbathiam eorum cum omnibus catallis sequelis eorum omnium Reclamatione Reluctatione abinde remota annullata And I command that all Fugitives which the Monks and four or five Credible Witnesses can prove were their Natives that is born Bondmen before the Sheriff of the County where such Fugitives are they shall be brought or sent back to the Abby with all their Goods and Children without Let or Hinderance of any Man This Charter bears date in the year 988 and shews the Condition of Bondmen in the Saxon Times and hereafter we shall see what they were after the Conquest when their names were changed as by the Glossary will more at large appear to which I shall refer the Reader for the knowledge of their Condition likewise and how many ways that might be bettered and changed shall be our next Inquiry These Bondmen or People of servile Condition might and did procure the Freedom of their Persons [9] Glanvil lib. 5 c. 5. several ways First by the favour of their Lord or Patron if he released their Bondage for him and his Heirs The first of obteining Freedom or did give or sell him to another to be released But no Bondman could purchase his Liberty with his own Money if he did his Lord might by the Law and Custom of the Land bring him back again into villenage because all his Goods and Chattels were his Lords or so in his Power that with them he could not redeem himself But if a Stranger would Purchase him with his own Money and make him Free then he might for ever defend his Liberty against his Lord and plead his Release by Chart that is his Deed in Writing or by any other way the Law allowed and Tryal by Duel was allowed in this Case after he was a Freeman if any one that saw him made Free would be his Champion and come into Court and assert and prove his Liberty by his Body Yet [1] Ibid.
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-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
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
three four Marks c. as will appear in the Sequel of this History He brought the Clergy under subjection Nor did he think himself secure only by having all Persons in Secular Authority his Dependants and at his Command but he brought the Clergy also Arch-Bishops Bishops Abbats and all Degrees of that Function under his subjection [1.] Mat. Paris fol. 7. n. 10. And the Church Lands under Military Service And Quartered Soldiers in their Monasteries for he put the Bishopricks and Abbies which had Baronies that is great Possessions and were before free from all Secular Service under Military Service and according to his will and pleasure appointed how many Knights or Soldiers they should find in time of War and chased out of the Kingdom many Ecclesiasticks that opposed his evil Constitution nor did he only charge their Lands with the Tenure of Knights Service but also Quartered Soldiers [2.] Ingulph Croyl n. 40. which he had hired in France Almain and Spain in all Monasteries of England in Croyland Abby he Quartered six Milites or Knights and twenty eight Cross-bow-Men that shot Stones and Darts out of * Ballistarii Cross-Bows or perhaps the Officers of the Steel-Bow-Men or Directors of the Management of the great Brakes or Engines with which they battered Walls in the Monastery of Ely after the Isle was reduced were placed forty whereof Bellassis Governor at least of the old Fort called now by the Country People Belsars-Hills if not General of the Forces against the Island was one and thirty nine more all Officers or Men of Account as by their Names and Arms appeareth in a Parchment Roll in the Custody of the Bishop of Ely made in the time of Robert de Orford Bishop of Ely who was [3.] Godw de Presul Angl. p. 318. Consecrated 1302. and died 1309. Nor did he think this enough to restrain the power of the Clergy [4.] Anno Domini 1070. who then bare the chief sway in the Government but by Advice of William Fitz-Osbern Earl of Hereford and others of his Council he searched the [5.] Florent Wigorn. f. 636. He Rifles the Monasteries Monasteries of all England and took away the Money which the richer sort of English had secured there fearing his Austerity and Ravages and commanded it to be carried into his Treasury [6.] Fol. 7. Mat. Paris says he robbed all the Monasteries of their Gold and Silver and spared not their Shrines and Chalices Nor yet did he think himself sufficiently secured from the great power of the Clergy in that Age [7.] Eadmer fol. 6. n. 10. He brought in the Norman Laws and made Norman Bishops in England All things were done according to the Conquerors Pleasure until having brought into England the Laws and Usages which he and his Fathers were wont to observe in Normandy he had made such Men Bishops Abbats and chief Rulers through the whole Land as might be thought very unworthy if in all things they submitted not to his Laws or should in any wise oppose him and therefore all Divine and Humane Matters were ordered according to his Will and Pleasure To this purpose there was a great Council held at Winchester eight days after Easter at the Command of the King he being present and with the Consent of Pope Alexander by his Legates Herminfrid Bishop of (n) Sedune now by the Germans called Sittes and the French Sion and the Country about it Sionois it is seated upon the River Rosne before it falls into the Lake of Geneva Sedune and two Priests Cardinals of the Apostolick See [8.] Florent Wigorn f. 636. An. Do. 1070. A Council at Winchester wherein Stigand was Deposed John and Peter producing his Authority In this Council Stigand Archbishp of Canterbury was Deposed for three Causes to wit because he unjustly possessed the Bishoprick of Winchester with the Arch-Bishoprick and because he invaded the Arch-Bishoprick while Arch-Bishop Robert was living and used his Pall which remained at Canterbury in Celebrating Mass when by force he was unjustly put out of England and received a Pall from Benedict whom the Roman Church had Excommunicated for that by Money he had invaded the Apostolick See [9.] De Gest Pontif. fol. 116. b. Malmsbury says with these two Bishopricks he also possessed many Abbies who in this as he conceived did not commit a Sin of Judgment but Error for that he was a very illiterate Man as were almost all the Bishops of England at that time [1.] Florent Wigorn. ut supra Agalmar Bishop of East Angles and some Abbats Deposed In this Council also Agalmar Brother of Stigand Bishop of East-Angles his Seat being then at Elmham was Deposed and some Abbats The King promoting that work that he might put into their places Men of his own Nation for the confirmation of his new Conquered Kingdom [2.] Ibidem Others were kept in Prison all their Lives He also kept in Prison some Bishops and Abbats all their Life time without any evident Cause [3.] Ibidem Agelric Bishop of the South Saxons turned out and imprisoned without fault He makes his own Chaplains Bishops being neither condemned by any Councils or Secular Laws meerly out of Jealousie and suspicion of the safety of the Kingdom On Whitsunday the King gave the Arch-Bishoprick of York to Thomas Canon of Bayeaux in Normandy and the Bishoprick of Winchester to Walkelin his Chaplain and on the Morrow by his Command Herminfrid the Bishop of Sedune the Cardinals being returned to Rome held a Synod in which Agelric the Bishop of the South-Saxons was not Canonically Deposed whom the King imprisoned at Malborow without any fault There were then also to use the Authors own Phrase very many Abbats degraded The Conqueror gave to his Chaplanes Herfastus the Bishoprick of East-Angles and to Stigand the Bishoprick of the South-Saxons and gave the Abbies to his Norman Monks [4.] Eadmer fol. 6. n. 20. No man to acknowledge the Bishop of Rome for Pope without his Command He would not suffer any one in his Dominions to acknowledge the Bishop of Rome for Pope without his Command nor to receive any Letters from him unless they were first shewn to him [5.] Ibidem The Arch-Bishop might not appoint or prohibite any thing without his Leave The Arch-Bishop might preside in any Council but he would not permit him to appoint or prohibit any thing but what he pleased and such things as were first Ordained by him [6.] Ibid. n. o. His Barons without his Command not to be impleaded He would not suffer any Bishop to implead and Excommunicate any of his Barons all such as [7.] Sâ—ld not in Ead. f. 168. held immediately in Capite or Officers for Incest Adultery or any heinous Crime unless by his Command * But notwithstanding the Conquerors Stoutness and Resolution in these matters by his admission of the Popes Legats for the purposes above
in Person and the King of France's Men were to wear Red Crosses the Kings of England's White Crosses and the Earls of Flanders Green Crosses for Notes of Distinction Upon this Resolution for an Expedition into the Holy Land this [6.] Ibidem n. 20. They agree upon Articles how to carry on and maintain the War Council presently entred upon the manner and way of setting it forth and maintaining it and in a very short space agreed upon several Articles which would have carried on and maintained the War effectually Hoveden recites them confusedly and hath several superfluous Heads which are not in Labbe or Gervase the Monks of Canterbury [7.] Labbeâ— Concil Tom. 10. Col. 1740. B. C. D. Talis est dispositio ad subveniendum Terrae Jerusalem a Domino Philippo Rege Franciae Henrico Rege Angliae Communi Consilio Episcoporum Comitum Baronum Terrarum suarum approbata Scilicet This is the Establishment for the Relief of the Land of Jerusalem by Philip King of France and Henry King of England approved by the Common Council of the Bishops Earls and Barons of their Dominions That is to say I. Every one as well Clerk as Laick that is not worth above One hundred Shillings for every House he hath where there is a constant Fire kept shall pay Two Pence for three years every year II. If he have more than One hundred Shillings in Moveables of every Pound in all the King of France his Dominions he shall pay Two Pence of Province Money and in the Dominions of the King of England on that side the Sea two Pence of Anjou Money and in England one Shilling Sterling for the same term III. He that hath One hundred Pounds in Lands or Rents or above shall pay yearly twenty Shillings IV. He that hath less than One hundred Pounds in Rents of every twenty Pounds shall give four Shillings and of every forty Pounds eight Shillings Those that have Moveables beyond One hundred Shillings shall swear That of every twenty Shillings they will faithfully give two Pence V. Very little to the purpose VI. The Tenth is due for the Defence of the Land of Jerusalem from Midsumer 1184. for ten years saving the Right of the Lords and of the Churches Out of this Estimation are excepted in Clerks the Treasure and Ornaments of their Churches their Books Horses Vessels Vestments Gemms and Vtensils which are necessary for their daily use And in Knights or Soldiers their Horses Arms Vessels and Cloaths for their common use For the Collecting of this Alms Two Templars and an Hospitaller appointed to be Collectors in every Bishoprick there shall be appointed in every Bishoprick two Brothers one of the Temple another of the Hospital and in every Parish they two and Dominus Presbyter Villae the Priest of the Town duo de legalioribus Parochianis shall collect and keep this Alms. All this great Work was [8.] Hoved. fol. 366. a. n. 20. dispatch't and the King was come back into England and arrived at Winchester on the Thirtieth of January And [9.] Ibidem The King returns into England and in a Council of his Lords causes these Articles to be recited forthwith saith Hoveden he assembled a great Council of Bishops Abbats Earls Barons and many others as well Clerks as Laicks at Gaintington where he caused to be recited all the Articles which had been agreed on beyond Sea about taking the Cross The Monk of [1.] Chron. Gervas Col. 1522. lin 3. An. Do. 1188. Canterbury tells us they met on the Eleventh of February Tertio Idus Februarii Convenerunt apud Gaitintune quae a Northamptonnia octo vel decem distat Miliariis una cum Rege Praesules Principes Regni de defensione sacrosanctae Terrae Jerosolimae tractaturi unde variis multis hic inde prolatis sermonibus haec tandem de cruce sumpta vel sumenda capitula subscripta promulgata sunt That is On the Eleventh of February the Bishops with the Princes or Chief Men of the Realm met with the King at Gaitintune about eight or ten Miles from Northampton to Treat about the Defence of the Holy Land of Jerusalem and after much Debate at length these underwritten Articles concerning such as had taken or would take the Cross were published All that take the Cross to be absolved from their Sins I. Every Clerk or Layman that shall take upon him the Cross shall be freed and absolved from all his Sins of which he hath been Confessed and hath Repented by the Authority of God the Blessed Apostles Peter and Paul and the Pope All that do not undertake it to pay the Tenth of their Estates and Goods II. Dispositum est a Regibus Archiepiscopis Episcopis aliis Principibus quod omnes illi tam Clerici quam Laici c. It is Ordained by the Kings the Arch-Bishops Bishops and other Princes or Chief Men That all those as well Clerks as Laicks who shall not undertake this Expedition shall give the Tenth of all their Rents for one year and of all their Goods as well in Gold as Silver and in all other things except Books Cloaths Vestments of Clerks Ornaments of their Churches or Chappels Precious Stones as well of Clerks as Laicks and except the Horses and Arms and Cloaths of Knights belonging to their proper use III. Notandum etiam It is also to be noted Quod omnes Clerici Milites Servientes that all Clerks Knights and Esquires which shall undertake this Expedition or Croysado shall have the Tenths of their own Lands and the Tenths of their own Men and Tenents and shall give nothing for themselves There are five Articles more in this Monk about the mean Habits and Cloaths they should wear in this Crusado and their sober and humble Carriage and Behaviour and about Liberty and Conditions to engage their Estates to prepare and sit themselves for the Expedition now not much to the purpose When this Constitution was thus made says Hoveden [2.] F. 366. a. n. 30. An. Do. 1188. The King sends out his Officers to collect the Tenth the King sent his Servants as well Clerks as Laicks to Collect these Tenths in his Dominions beyond Sea but in all the Cities in England he caused all the Richest Men to be chosen out viz. in London two hundred in York one hundred and in others proportionably and caused them all to appear before him at certain days and places of whom he took the Tenth of their Moveables according to the Estimation of honest Men which knew their Rents and Moveables and those he found obstinate or Refractory Those that refused to pay were imprisoned till they paid he presently committed them to Prison and there kept them until they had paid the uttermost Farthing The Jews also that were in England paid after the same Rate Into [3.] Ibidem n. 40. Scotland he sent the Bishop of Durham and other Clerks and
drew his men together and marches toward the Newry to go into Vriel but in his march he had notice that the Irish of those Parts were in Arms and provided for their defence and were incamped South of Dundalke The English marched toward them and procured a Poor Frier to go and tell them that there were great Forces arrived from England at Tre or Drogedagh and that they were marching toward them the English when they came within a Mile of the Irish Army they went forward in such order as might make the greatest shew and appear many in number by the advantage of the places where they marched The English approaching make a great shout with which the Irish were so daunted as they broke their order tumbled one upon another and attempted to pass the River when the Tide coming in many were drowned and others that dare not adventure through the Water were killed by the English O Hanlan with his men had passed the Water The Frier shewed unto the English a Ford where they went over and pursued the Irish which were about 6000 A Fight between Courcy and O Hanlan and the English 1000 the matter was so ordered on both sides that they must fight the Conflict was sharp the English Foot gave back and left Courcy in the midst of his Enemies his Brother Amoric comes into to his relief rallies and incourageth the Soldiers who charged the Irish so briskly as they made them retreat The slaughter was great on both sides and each of them drew off without boasting of Victory The Fourth [6] Ib. f. 157. Girald ut supr l. 2. c. 16. f. 795. n. 10. was at the Bridge of Ivori where Courcy prevailed and slew many of his Enemies These were the great Acts of John de Courcy who commanded those English Forces that subdued Vlster after which he built many Castles in fit places for the Security of it and established there a firm Peace While John de Courcy [7] Ibid. c. 17. was thus imployed in reducing Vlster Miles Cogan who was * Dublinens familiae constabularius urbis custos c. Miles Cogan invades Connaught Constable of or had the chief command of the Forces of Dublin and Governor of that City under William Fitz-Adelm Seneschal of Ireland with Forty Knights 200 other Horse-men and 300 Archers passed the River Shannon and invaded Conaught the men whereof burnt their own Cities and Towns hid their Food and Victuals in Caves under ground and drove their Cattle into Fastnesses The English * Anglicana familia cum Tuemoniam Metropolin pervenisset c. Forces went as far as Twomond or Tuam the Metropolis and staid there eight days but not finding wherewithall to subsist returned to the Shannon where Roderic Prince of Conaught met them with three great Bodies of men There was a sharp Fight and many of the Irish slain but Miles and his men got safe to Dublin with the loss only of three Horse-men After this William Fitz-Adelm was recalled and [8] Ibid. c. 18. A. D. 1177. Hugh de Lacy was by King Henry made Procurator General that is Seneschal or Governor of Ireland Rex Henricus Hugonem de Lacy generalem Hiberniae Procuratorem constituit This same year in a general Council at Oxford [9] Hoved. f. 323. n. 20 30 40 c. Henry makes his Son John King of Ireland King Henry made his Son John King of Ireland by the Grant and Confirmation of Pope Alexander Venit Rex Oxeneford in Generali Consilio ibidem celebrato constituit Johannem filium suum Regem in Hibernia concessione confirmatione Alexandri summi Pontificis Benedictus Abbas [1] P. 97. a. says he purchased or procured a License from Pope Alexander to make which Son he would King of Ireland Rex perquisierat ab Alexandro summo Pontifice quod liceret ei filium suum quem vellet coronare Regem facere de Hibernia He gave in the same [2] Hoveden uâ— supra Henry grants to Fitz-Stephan and Cogham the Kingdom of Cork Council to Robert Fitz-Stephan and Miles de Cogham the Kingdom of Cork for the Service of sixty Knights to hold of him and his Son John except the City of Cork and one Cantred or Hundred which the King reserved to him and his Heirs The King gave also to Herbert Fitz-Herbert and William the Brother of Earl Reginald and Jollan de la Pumeray their Nephew the Kingdom of Limeric for the Service of sixty Knights or for sixty Knights Fees except the City of Limeric and one Cantred which he retained to him and his Heirs He likewise delivered to William Fitz-Adelm his Dapifer or Seneschal the Custody of the City of Wexford with all its Appertenencies and decreed that for the future the places following should belong to the Service of Wexford Harkelow with its Appertinencies Glascarric with its Appertinencies and the Land of Gilbert Boisrohard Ferneg Winal with its Appertinencies and all the Land of Hervey between Wexford and the River of Wexford the Service of Raimund de Druna the Service of Frodrevelan the Service of Vthmorth Leighlerin the Tenement of Maâ— Taloe with its Appertinencies and Leis the Land of Geofry of Constentine with its Appertinencies and all the Land of Otneld King Henry also delivered in Custody unto Robert Poer his Marshal the City of Waterford with all its Appertinencies and ordained that for the future these places following should belong to the Service of that City all the Land which is between Waterford and the River beyond Lismore and all the Land of Ossery with its Appertinencies Dublin committed to Hugh de Lacy. He also delivered in Custody unto Hugh de Lacy Dublin with all its Appertinencies and ordained that these places following should belong to the Service of Dublin the whole Land of O Felana with its Appertinencies and Kildare with its Appertinencies and the whole Land of Ophaly with its Appertinencies and Wicklow with its Appertinencies and the Service of Meth and the Service of four Knights Service which Robert Poer owes for his Castle of Dunavet When the King had thus [3] Ib. f. 324. a. lin 8. All to whom Lands were committed swear Fealty to the King and his Son John given the Lands in Ireland and divided their Services he made all those to whom he had committed the Custody of them to become his and his Son John's Men or Vassals homines suos Johannis filii sui Devenire and to swear Ligeance and Fidelity to them for those Lands Afterward he gave [4] Ibid. n. 20. to Philip Bruise the whole Kingdom of Limeric for the Service of sixty Knights to hold of him and John his Son for Herbert and William the Brothers of Reginald Earl of Cornwall and Joslan de la Pumeray their Nephew would not have that Kingdom because it was not then fully subdued for the English had killed the King of Limeric who was the
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
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
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-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
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
Witness Roger Bishop of Salisbury William de Curcey and Adam de Port at Winchester In these times and for a Century or two of years afterwards the Trials for Lands and Goods in the * See the old Registers Leigers Couchers and Histories of the Great Monasteries Ely Bury Ramsey Abendon c. County * See the old Registers Leigers Couchers and Histories of the Great Monasteries Ely Bury Ramsey Abendon c. Hundred and Lords Courts were very considerable and for good Quantities of Land and the Suitors to the Hundred and County Courts were as considerable all Men especially of the Laity of what Quality soever within the Hundred ought their Attendance there as appears by this Writ Henricus [1] Monast Angl Vol. 3. f. 262. Col. 2. n. 50. Rex Angliae omnibus Baronibus Vavasoribus omnibus Dominis qui Terras Tenent in Well-Wapentach Salutem Praecipio quod omnes veniatis ad placitum Wapentachium Episcopi Lincoln quod de me tenet per summonitionem Ministrorum suorum Et facietis ei omnes Rectitudines consuetudines in omnibus Rebus quas ei debetis de Terris vestris ad illud VVapentachiumâ— ita bene plenarie sicut unquam plenius fecistis Roberto Episcopo vel alicui Antecessori suo quas juste facere debetis nisi feceritis ipse vos justiciet per pecuniam vestram donec faciatis ne perdam pecuniam meam quam Episcopus mihi inde reddere debet Teste Episcopo Sarum G. Canc. apud Fereham Henry King of England to all Barons Vavasors or Knights and Lords of Maners which hold Lands in Well-Wapentach Greeting I Command that you all come to the * The same with an Hundred VVapentach-Court of the Bishop of Lincoln which he holds of me at the summons of his Bailiffs and perform to him all Services and Customs in all things which are due to him from your Lands at that Court so well and fully as ever ye performed them to * Robert Bloet who died Jan. 10. A. D. 1122 Alexander succeeded him and was consecrated A. D. 1123. Jul. 22.23 Hen. 1. Robert the Bishop or any Antecessor of his and which ye ought justly to do and unless you perform them he shall Distrein your Goods until you do it lest I lose my Rent which the Bishop is to pay me for the VVapentach Witness the Bishop of Salisbury and G. the Chancellor at Fereham In the [2] Append. n. 34. eighteenth year of Henry the Third He by Advice of the Major part of the Bishops Earls and Barons Expounded the 35th Chapter of Magna Charta where there had been care taken about the keeping of the County Court Turns and Leets but not about Hundred or VVapentach Courts and Lords Courts In which Chapter there was a Clause That all were to have their Liberties they had or used in the time of King Henry his Grandfather And it having been proved before them that Hundreds and Wapentachs and Lords Courts were then holden every Forthnight which was thought too often and too great a trouble to the Suitors yet seeing the two Turns were not sufficient to preserve the Peace of the Nation nor to Correct the Injuries done to Rich and Poor which was part of the Business of the Hundred Courts it was provided that between the two Turns Hundreds and Wapentachs and the Courts of Great Men should be holden from three Weeks to three Weeks where before they had been holden once in a forthnight so as there should not be made a General Summons to those Hundreds Wapentachs and Great Mens Courts as there was to the Turns But there should only come to them the Plaintiffs and Defendents and those which * By their Tenures and held Lands by doing Suâ—t and Service at those Courts ought Suit to them That Trials might be dispatcht and Judgments made which are done by the Suiters unless in those Hundreds there ought to be Inquisition made of Pleas of the Crown as of the Death of a Man Treasure found and the like for the Inquiry to be made after them they should come with the Suiters all of four of the next Towns that were necessary to make such Inquisitions Notwithstanding this Provision the Attendance upon these Courts was thought a great burthen and trouble and therefore two years afterwards [3] Stat. of Merton c. 10. it was provided and granted That every Free-man that ought Suit to the County Trihing Hundred and Wapentach or to the Court of his Lord mighty freely make his Attorney to do those Suits for him So that this way the Great Men made a Law to excuse their Lands and selves from this Service and gave some small parcels of Land to some ordinary inconsiderable men to do this Drudgery for them Land then was the price of all things the very Houshold Servants had Land allowed them for their annual Wages Nor was that which is now accounted a wonderful Priviledge then thought any other than a vexation and trouble seeing many Knights and considerable Men purchased of the King Charters of Exemption from being Impannelled in Assises Juries and Enquests and these Exemptions were so frequent and so many [4] Stat. of Marlebridge c. 14. that they hindered the course of Justice and therefore there was a Law made to force them in several Cases to serve upon Juries and Enquests and at length when the small Barons or Tenants in Capite and Military Men began to grow poor and beggerly and had by Law [5] Magn. Chart. c. 32. leave to Alienate what part of their Estates they would leaving sufficient to perform the Services which belonged to the Fee they began to think of * History f. 6â—7 A. B. Representatives to save charges in going to and Attendance at Parlements and by several [6] See Glossary to my Introduction c. â— 62. c. c. undue Practises and Laws to force the trouble and vexation as it was then esteemed of serving and waiting at Assises Sessions and County Courts upon Men of mean Estates and meaner Understandings Parts and Abilities These Trials for Lands before the County and Hundreds are often to be seen in Domesday Book and in the old Registers Leigers or Couchers of great Monasteries as of Ely Ramsey Bury Abendon Glastonbury c. with the manner how they were recovered the Testimony of the County or Hundred and by such Jurors as most frequently knew the Matter of Fact The Great Matter of Inquiry then was Who had been possessed and who was possessed of the Land or Thing in Contention for by that they most frequently judged of Right For no Estate then passed by private Bargain only but there were some public Circumstances and Ceremonies performed which made the passing of Estates from one to another very notorious and especially those of Investiture or as it was called when much in use Livery or Seisin or when the Charts and Deeds of
Feoffment were read and [7] Braâ—ton p. 38. a. n. 12. granted before the County or Hundred and there witnessed publicly by Thomas of such a Town John of another Richard of a third Henry of a fourth James of a fifth cum multis aliis with many others that were Suitors at those Courts and they were then many indeed for besides those that were Suitors by Tenure and held Land by Performance of such Services all others that were Resident within the County or Hundred and capable of doing it performed their Suit to the County or Hundred as a [8] Ibid. p. 37. a. n. 8. Service belonging to the King for preserving Peace and Justice When Estates passed thus by the Donor or Feoffor to the Donee or Feoffee and Livery or Delivery was made and Seisin or Possession given in the presence of Tenants of the same Maner or as the Feudal Law calls them Pares Curiae [a] Sir Edward Coke in the Epistle to his Eighth Report says Trial by Juries is an Invincible Argument of the Antiquity of the Common Law to which they are appropriated But if we received the Trial by Juries or Pares Curiae with the Feudal Law we have greater Reason to say the Common Law was either derived from that or received this way of trial from it Liâ— inter Duos Vasallos per Dominum inter Vasallum Dominum per Curiam Parium Disceptanda est per Pares Coram Dominum Juraâ—os A Controversie between two Vassals is to be determined by the Lord by Peers Sworn before him between the Lord and a Vassal by the Court of Peers Hottom in lib. 2. Feud Col. 757. E. Vasallus ob qùodvis Capitale facinus Feudo Mulctatur Sic tamen ut causa priùs Disceptetur Parium Judicio Idem de Feud Discuâ— Col. 886. B. Statuimus ut nullus Miles sine certa convicta Culpa suum Beneficium perdat nisi secundum Consuetudinem Antecessorum nostrorum Judicium Parium suorum Ll. Longobard lib. 3. Tit. 8. l. 4. He that desires to know more of the Affinity between our Antient Law and the Feudal Law let him read Dr. Zouch his Description of the Temporal Law and Judgment according to the Feudal and Norman Customs and in particular for Trials by Juries c. Section the Fifth of the third part Peers of the same Court or of the most Substantial Persons nearest the place then Men were as secure of these Estates as of Copy-holds now And therefore it was That a Writ of Right was anciently directed to the Lord of the Maner of which the Land was holden to do the Demandant Right in his Court as the most ready secure and quick way of Justice for either the Tenants of the Maner knew the Possession whose it was and how obteined whether by Descent or Donation Or it was entred in the Lords Court Rolls or Books from whom and to whom Alienated for the Security of his Free Rent and Relief and the Lord could not lose his Court that is the Trial and Judgment whose Estate it was and whether the Demandant or Possessor had most Right to it if he failed not in doing Justice And in such Case it was removed to the County and if need were from thence to the Kings Court or many times immediately into that But afterward when the Scholastic and Dilatory Method of the Caesarean and Canon Law [9] Flor. Wigorn f. 671. Orderic Vit. f. 919. B. Gervas Act. Pont. Cant. Col. 1665. n. 30. about the years 1139 and 1145. by the incouragement of Arch-bishop Theobald and other Bishops in the Reign of King Stephen was introduced publickly read and mixed with the Practice of the Feudal or National Law with Design to over-rule and Baffle it then all the plainness of it ceased quick Justice was laid aside and all the Inventions Art Delays and Subtilties of the other were introduced by the Canonists and School-men that practised it and became almost as Fine and Subtile as School Divinity it self which then and afterwards was followed as the best Example of Notion Distinction Division and Nicety to all Learned Authors and Writers in every Science This is clear from the Consideration of the Works of Glanville and Bracton who Wrote within an hundred years one of another How Plain Easie Short and Open is the First How Intricate Involved Subtile and Nice the Second How much was the Bulk and Dilatory Practice of the Law within that time increased by Art new Suggestions and Inventions never before thought of The Judges were then most if not all either Clergy-men or Professors of the Caesarean and Canon Law and most frequently advanced by Ecclesiastic Preferments and the Pleaders or Lawyers were Monks who read in their Cells or Monasteries and abroad out of them and explained those Laws until prohibited by several Popes from medling with that Practice and also Secular Affairs I am in a large Field but must leave it and shall conclude this Preface with the Interpretation of some few words used in it and one or two of them in the History Bordarii SEE the History f. 206. E. they were Drudges and performed vile Services which were reserved by the Lord upon a poor little House and a small parcel of Lands and might perhaps be Domestic Works such as Grinding Threshing Drawing Water cutting Wood c. or if they were the same with Cotarii we shall afterward see their particular Services See Spelman in the Word and Due Fresne in the Words Borda Borderia Bordagium Bordelaria a Tenure Antiently very frequent in many parts in France Commendati Commendatio COmmendati were such as lived under the Protection of some Great Man Lord or Patron who undertook to secure their Estates and Persons for which Protection and Security they paid him an Annual Stipend or perfomed some Annual Service Commendatio was the Safeguard or Protection it self and was the same with Tutamen and Salvamentum and many times it signified the Annual Rent paid for such Security and Protection See Du Fresne's Glossary in the Words Besides the Commendati there were Dimidii Commendati according to the Latin of Domesday Book In Cotetuna Tenuit Teit Commendatus Dimidius Edrico praeposito Regis Dimidius Commendatus Antecessori Malet c. Little Domesday Book f. 322. b. This Teit in the time of King Edward had two Protectors Edric the Kings Reeve and the Predecessor of Robert Malet and paid half the Annual Rent for his Protection to one and half to the other And besides these there were Sub-Commendati such as were Commendati under Commendati that is Servants under them or such as had dependance on them and were also under the Protection and Security of their Patrons and Dimidii Sub-Commendati such as in like manner were under the Dimidii Commendati and had two Patrons or Protectors and the same as they had In parvo Thornham ii liberi homines unus eorum fuit Commendatus
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.
be as antient as Gafoland however we find it in the German Saxon Laws Tit. 14. § 2. Tit. 16. This sort of Land and Alodium was the same with the Germans as appears by the Ripuarian Laws Tit. 56. de Alodibus § 3. While any of the Masculine Sex remains a Woman shall not succeed in the antient Inheritance Ll. Anglor Tit. 6. de Alodibus § 1. Haereditatem defuncti filius non filia accipiat The Son not the Daughter shall receive the hereditary Estate of his dead Father And § 5. Ad quemcunque haereditas Terrae pervenerit ad istum vestis Bellica i. e. Lorica debet pervenire The Habiliments of War went with the Land To whomsoever the Inheritance shall come the War-like Garment and Habiliments ought to descend likewise and § 8. After the fifth Generation the Daughter may succeed and then the Inheritance passes from the Lance to the Distaff This whole Title and Law seems to be concerning Feudal Lands ibidem Tit. 13. libero homini licet haereditatem suam cui voluerit tradere A Free-man may dispose of his Inheritance to whom he will Ll. Salic Tit. 62. de Alode § 6. de Terra vero Salicâ nulla portio haereditatis mulieri veniat sed ad virilem sexum tota terra haereditas perveniat No part of the Inheritance of Salic Land shall descend to a Woman but the whole Inheritance of the Land shall come to the Males Ll. Alaman Tit. 92. de haereditate c. § 1 2. Courtesie of England brought from Germany Si quae mulier quae haereditatem paternam habet post nuptum praegnans peperit puerum in ipsa horâ mortua fuerit infans vitus remanserit aliquanto spatio vel unius horae ut possit aperire oculos videre culmen domûs quatuor parietes posteà defunctus fuerit haereditas materna ad patrem ejus pertineat Et tamen si Testes habet pater ejus quod vidissent istum infantem oculos aperire potuisset culmen domûs videre quatuor parietes tum pater ejus habeat licentiam cum lege ipsas res defendere Si autem aliter cujus est proprietas ipse conquirat That is if any Woman which hath a paternal Inheritance after marriage bring forth a Child and dyes in Child-birth and the Child remains alive for some short space so as it can open its eyes and see the top of the House and the four Walls and afterwards dieth the Father shall enjoy the Mothers Inheritance and if the Father hath Witnesses which saw the Infant open the eyes so as it could see the top of the House and the four Walls then his Father had liberty to defend his Title by Law But if otherwise he may obtain it whose propriety it is This certainly is that which we call the Courtesie of England and which the Lawyers call Lex Angliae and Littleton in his Tenures Sect. 35. says this this Custom was used in no other Realm than in England only yet Sir Edward Coke upon this Author fol. 30. reports it to be used in Scotland and Ireland also Feudal Tenures from Germany We shall now further enquire after the Feudal Land and Tenures amongst the German Nations to whom 1 De Jur. Belli pacis lib. 1. c. 3. §. 23. n. 1. Grotius says they were proper and that they were no where to be found unless where the Germans placed themselves but besides this Testimony of Grotius they are often found mentioned in the German Laws by the name of Beneficia which as 2 In verb. Hottoman observes were the same with Feuda and Beneficiare the same with Infeudare or Feudum alicui tribuere Capit. Car. lib. 3. c. 71. Quicunque beneficium principis habet non pergit in exercitu honorem suum Beneficium perdat Whosoever hath a Fee from the Prince and goeth not forth in his Army shall lose his Honour and Fee ibidem lib. 1. c. 132. Omnes Episcopi Abbates Abbatissae Optimates Comites ceu domestici cuncti fideles qui Beneficia regalia tam de rebus Ecclesiasticis quam quae de reliquis habere videntur unusquisque suam familiam suo beneficio nutricare faciat c. All Bishops Abbats Abbesses great Men Earls or Domesticks and all Vassals that have Royal Fees as well of Church Lands as of others shall maintain their own Families and such as belong to them upon or with their own Fees c. again lib. 3. Cap. Car. c. 19 20. the Emperor takes notice that many of his Earls and other Vassals cheated him of his Fees by giving or granting the Propriety of them to others and then by purchasing them again in ipso placito in the publick Court acquired to themselves an Inheritance and in many other places there are provisions made for the ordering of these Fees or Beneficia And Vassi dominici comitum Ducis Episcoporum Imperatorum Regis and ad Marchiam custodiendam constituti are to be found in most of the German Laws Now 3 Hottom in verb. Feud in verbo Vassus was such an one as having received a Fee or Beneficium obliged his Faith to the Author or Donor of it and is indeed the same with Feudatarius and Beneficiarius The reason why in these antient times we find few Laws concerning Fees or Beneficia or that we want a just account of them is because the Feudal Law was then contained only in Customs 4 De feud disput l. 871. and usages and not written until the time of Frederick the First Anno Domini 1158. Radev invitâ Fred. 1 mi lib. 2. c. 7. n. 30. Yet somewhat before this time there is extant a notable Feudal Constitution of Conradus Salicus who 5 Wippo in vit Chunrad fol. fol. 423. n. 20. fol. 424. n. 40. was chosen Emperor in the plain between Ments and Worms in Germany and began his Reign Anno Domini 1024. amongst the Laws of the Longobards lib. 3. Tit. 8. L. 4. Conradus Dei Gratia Romanorum Imperator c. Praecipimus firmiter statuimus ut nullus Miles Episcoporum Abbatum Abbatissarum Marchionum vel Comitum vel omnium qui Beneficium de nostris publicis bonis aut de Ecclesiarum praediis nunc tenent aut tenuerint Conrades Constitution about Fees aut hactenus injustè perdiderint c. Conrad by the Grace of God Emperor of the Romans We command and firmly injoyn that no Miles Knight or Horse-man of Bishops Abbats Abesses Marquesses or Earls or of any which hold or have held a Benefice or Fee of our publick Lands or the Farms of the Church or have unjustly lost them as well our great Valvasores or Feudataries as their 6 Miles Vassallus Synonyma Hottom in verbo Milites or Vassals without a certain or evident fault shall lose his Fee unless according to the Custom of our Ancestors and the
in his demain and Possession so did the Archbishop hold his The same way of proceeding by virtue of the general Precept before-mentioned is to be found in the History of the Church of Ely The Plea of the Church of Ely for the Recovery of its Lands King William [2.] In Appeal n. 3. directs his Writ to all his Leiges or Tenents and Sheriffs in whose Sherifwicks the Abbey of Ely had Lands that it should have and enjoy all its Customs c. that it had the day that King Edward was living and dead and as they were recovered and proved to belong to that Church by many Shires at Keneteford a Town in Suffolk near Newmarket before his Barons Several Writs are in the [3.] N. 4 5 6 7 8. Appendix touching the Lands and Customs belonging to the Abbey of Ely That such Normans as had seized or invaded any of them were to restore them In [4.] Warwic scire Terra Episcopi de Wâ—recestre f. 238. b. col 1. The Bishop of Worcester's Plea Doomesday Book 't is Recorded that the Bishop of Worcester the Famous Wulstan by Plea and by force of the same general Writ in the presence of four Counties or Shires before Queen Maud recovered seven Hides and half of Land in Alvestone and that thereof he had the Writ or Chart of King William and Testimony of the County of Warwick In Alvestone tenuit Britnodus Alwi septem hid dimid T. R. E. Sed Comitatus nescit de quo tenuerit Wulstanus autem Episcopus dicit se hanc Terram deplacitasse coram Regina Matilde in presentia quatuor vice-comitatuum inde habet Breves Regis W. Testimonium Comitatus Warwick By these Instances it appears That the Pleas for Church-Lands were generally held before all or most of the Counties summoned together in which the Lands lay and that the English were called thither to give Testimoy whether they belonged to those Churches in the time of King Edward for no others could be competent Witnesses being all Strangers to the thing in question There are likewise many Instances to be found in Doomesday of this way of proceeding and Trial of Titles in the County Hundred Wapentack or Trihing under the Title of Clamores in (e) Treding or Rideing not improbably from Trihinga which was a portion of a County that contained three or four Hundreds * Ll. â—d Confessor c. 34. to which portion of a County there was an Appeal from the Hundred and from that to the County Sudtreding Lincoliae In Tadevill Trials for Tiths of Lands in the Hundred or Warpentack in the Conqueror's time Hundred clamant homines Episcopi Bajocensis Carucatam Terrae super Robertum Dispensatorem homines de Wapentack dicunt quod ipse Episcopus jure debet habere and in the same Hundred there under the same Title Clamant homines ejusdem Episcopi super Hugonem Comitem tres Bovatas Terrae Wapentack dicit quod ipse Episcopus debet habere In the same Title there is also an Appeal from the Hundred to the County in a Plea between Gilbert de Gund and Norman de Areci both claiming upon William de Percy twelve (f) An Oxgange or Oxgate auncienly [1.] Spelm. Glossar in verbo A Bovate or Oxgange of Land what as much as one or a pair of Oxen could Plough or keep in Husbandry tilth in a year or as much as they could Plough in a day sometimes but here it is to be taken in the first sense by some accounted eighteen Acres by others but thirteen but as Carucates and other Portions of Land was uncertain according to the Soil which was harder or easier to Plough Bovates of Land which concludes thus Sed Wapentack comitatus dicunt quod Gilbertus debet habere non Norman Willielmus vero Percy tenet ea dono Regis Sicut tenuit Robertus Filius Stigandi And in the Title of Clamores in Kesteven a part of Lincolnshire there is a claim referred to the King's Court Clamores quos Drogo de Bruera facit super Terras Morcari dimittunt viz. the men of that Division in judicio Regis and there is also Recorded in a claim of Earl Alan upon Wido de Credon of fourteen Bovates and given in by the same Persons that Alger homo Alani dedit vadimonium Baronibus Regis that is such Barons as were Commissioners to make the Survey of this County ad confirmandum per judicium aut per Bellum See Bellum and Judicium in the Glossary That is he gave Security to make good his Master 's or Patron 's claim by Ordeal or Battle Doomesday fol. 212. In Norf. in Hund. Dimid de Clakeslosa Photestorp Hanc Terram calumpniat esse (g) Libram That is it was not Church-land or appendant to the Church and so free for the Normans to seizâ— on liberam Vlchetel homo (h) Hermerius de fenariis Hermerii quocunque modo judicetur vel Bello vel Judicio See Glossar ut supra alius est praesto probare eo modo quod jacuit ad Ecclesiam die qua Rex E. obiit Sed totus Hundredus testatur Eam fuisse T. R. E. ad Sanctam Adeld In Norf. the Hundred and half of Clakeslose * Since called Fodeston or Foston a decayed Town Photestorp Ulshetel the Vassal Man or Champion of Hermerius claims this Land to be Free which way soever it be tried or judged by Battle or Ordeal and there is another ready to prove the same way that it was Church Land the day that King Edward died But the whole Hundred witnesseth that in the time of King Edward it was the Land of St. Audry or the Abbey of Ely In Doomesday Clamores de (i) (i) Treding or Riding from Trihinga as before and the same with Lests in Kent or Rapes in Sussex See Ll. Ed. de Trighingis Ledis c. 34. These Trihings had their Thrihingerefas their Governors or Reves and what could not be determined in the Hundred or Wapentach was ended here and what could not be ended here was determined in the Shire North-treding Everwicscrire f. 374. col 1. Sanctus Johannes de Beveâ—laco Omnem Terram quam calumniabatur Drogo super Sanctum Johannem Testificata est ad opus ipsius S. Johannis per homines de Treding per Donum R. W. quod dedit S. Johanni tempore Adeldredi Archiepiscopi de hoc habent Canonici sigillum Regis Ed. R. Will. Canonici de Beveâ—laco Ibidem Clamores in Sub-treding Lincoliae T. R. E. fuit saisitus Almar Antecessor Archiepiscopi Thomae de soca x. Bovat in Ulingeham hac terra fuit Code modo est Rayner de Brunon pro iii. lib. fuit invadiata T. R. E. modo affirmant homines de Treding quod Archiepiscopus jure debet habere hanc socam quousque ei reddantur iii. lib. Almar was not here Antecessor to
Hist Croyl fol. 515. a. n. 50. Itinerant Justices appointed to which purpose Ingulph who was made Abbot of Croyland [4.] Ib. Lin. 8. 1076. says Nobis itaque in dictis tenementis coram regis ministris calumniam ponentibus dies Juridicus apud Stanordiam datus est quo die cum regis Justiciarius pro negotiis aditurus Knights of the Shire At the time of making of [3.] Tit. Sud-Treding in Lincolia Kesteven ib. and many others Doomesday Book or the general Survey of England and for many years after the Jurors passed their judgment and gave in their Verdict according to Possession For those that were then seized of Lands had no other Title than that they possessed them by the Gift or Permission of the Conqueror as (c) In Doomesday 't is so said frequently by his Seal Mortgages and Sales of Lands Registred in Counties Hundreds c. or by being put into Possession by his Commissioners or some other mediate Lord who claimed from him and then Possession and Right were almost the same thing so that then every man's Right was easily determined Especially when the [4.] Dugd. Origin Jurisd â—ol 27 28 31 93 94. Cook Proem to Report 3. â—omn Gavelkind p. 87. Doomesd Tit. Clamores in Subtredinge Lincoliae c. Ibidem Fines levied in County Courts c. Fines and Corcords many before Justices Itinerant See Counties and Rolls of Assize Conveyances Assurances Morgages Sales c. of Lands were registred and recorded in the Counties and Hundreds where they lay As in the time of the Saxons and the first Norman Kings was usual of which there are many Instances in the Citations in the Margin and many more might be produced Fines also were then often levied and Concords made in the County Court before the Sheriff and other chief Gentlemen of the Country and recorded there as likewise in Court-Barons before the Lord c. Dugd. Origin Jurid fol. 93.94 c. And may be so to this day for Copyholds where the Custom of the Mannor will bear it So that Sir Ed. Cook 's Assertion that * Readings on Stat. de â—in p. 2. Pleas held in Churches and Church-yards Fines cannot be levied without original Writs was not agreeable to the Practice of those antient times Besides set and determinate places in Hundreds and Counties for holding these Pleas they were sometimes held [5.] Sim Dun. c. 35. Gervasius Dorobern col 12 92. in Churches and Church-yards until they were [6.] Spel. concil 2. vol. A. D. 1287. inhibited and from hence may be made out the meaning of that Passage in [2.] Col. 12 91. Gervasius Dorobernensis concerning the South Door or Porch of the Cathedral Church of Canterbury which so much [3.] Praef. ad Authores 10. fol. 42 43 44. perplexed Mr. Selden concerning Pleas ended there that could not be determined in the Hundred County or King's Courts which might be such as were usually defined in that place by the Civil or Imperial Law [4.] Seld. dissert ad Flet. ex Epistolà Pet. Blessensis c. 8. §. 1. f. 52 2. for in the time of Henry the Second c. in the Palace of Thomas Archbishop of Canterbury there was a Colledge of Students in the Cesarean Laws [5.] Ibidem to whom all the knotty Law Questions in the Kingdom were referred for Solution This way of Trial [6.] Glanv l. 2. c. 7. by Assize and the Oaths of twelve good lawful men of the neighborhood by Verdict or Recognition seems to have been introduced or at least brought into more frequent practice in the time of King Henry the Second [7] Ibidem who vouchsafed the great Assize as a Royal Benefit to the People upon Consultation had with his Nobles whereby in tenderness of Life men might decline the doubtful success of Battle and try their right to their free Tenement that way before this way of Trial became frequent and universal Battel Duel and Ordeal were very much used in Criminal and Civil Causes the first to assert the Right and Title to Lands Tenements c. And the latter to purge and acquit men from or condemn them of Crimes of what nature soever but especially such as were hainous or capitol The last of which according to [8.] In his Gloss verb. Ordeal Mr. Somner's account of the word signifies an upright just and indifferent Judgment See the first part of the Saxon Story See Olaus Wormius de monument Danicis lib. 1. cap. 11. de Ordalio This Law or way of Trial was abolished by [2.] Append. n. 9. a. Tryal by Ordeal prohibited Henry the Third in the third year of his Reign with command to his Itinerant Justices through England in regard it was prohibited by the Roman Church that such as had committed Theft Murders Burning and the like Offences to whom belonged the Judgment of Fire and Water should abjure the Realm And those that had committed less Crimes should find Sureties of the Peace and left it to the discretion and Consciences of the Justices for that time to proceed according to this order his Council not having made any certain provision in this Case yet it seems not presently to have been disused for [3.] Spelm. Gloss fol. 435. col 2. on Jan. 7.16 Hen. 3. by Inspeximus the Grant of King John in the Second of his Reign of Ordeal and Duel was amongst other Priviledges confirmed to God and the Church of Holy Trinity in Norwich And very strange it is what [4.] An. Dom. 1085. f. 12. n. 20 Mat. Paris reports of Remigius Bishop of Lincoln that being accused of Treason his Servant purged him by Fire Ordeal by which means he was restored to the King's Favour and the disgrace was wiped off But by Glanvile it should seem that Duel or Combate was much used if not most frequently for the trying of Right before Henry the Second instituted introduced or revived the way of Tryal by grand Assize by [5.] Glanv l. 2. c. 7. Henry the Second introduced or revived the Tryal by twelve men which in tenderness of Life as is said before men might decline that doubtful success of Battel and try their Right that way and for the course of proceeding in obtaining the Right of a Tenement by Duel or Grand Assize Glanvile treats of [6.] Ib. in Tit. cap. 1. them both together although he speaks first of Battel as being most antient In this manner [7.] Ibid. c. 3. after the view of the Land and both Demandant and Tenant appearing in Court the Demandant claimed thus [8.] Ibidem The manner of claiming by Battel in Civil Cases I do demand against B. half a Knights Fee as my Right and Inheritance as the Right of my Father or Grand-Father who was seized in his Demesne as of Fee c. And this I am ready to try by this my Free-man D. And if any ill shall happen unto him as Death
Sickness or other Impediment before Battel then by this or that Person as many as he would which were present and shewed in Court who had seen and heard of the thing in Controversie or thus and this I am ready to try by this my Free-man D. unto whom his Father on his Death-bed injoyned upon the Duty of a Son which he ought to him that if at any time he should hear of a Suit for that Land he should adventure himself by Combat to prove it The Tenant had his choice to defend himself by Duel or Grand Assize as that which his Father had seen and heard the claim of the Demandant thus heard it was in the 8. choice of the Tenent to defend the same against the Demandant by Duel or put himself upon the Great Assize of the King and to require a * Enquest recognoisant Grand Custom c. 92. Recognition which of them had most Right in that Land [9.] Ibidem And if he would defend it by Duel he was then obliged to defend himself against the claim of the Demandant in the very words it was made either by himself or some other fit Person And that the Combat once waged he that held the Land ought to defend it that way and could not afterwards put himself upon the Great Assize [1.] Ibidem And note before the Duel began it was necessary for the Demandant to appear in Court and have his Champion there ready to fight nor might he bring any other than one of those he first shewed in the Court upon whom he put the Dirationation or proof of his Cause [2.] Glanvile lib. 2. c. 3. The Champion of the Demandant ought to be such an one as might be a â—it Witness nor could the Demandant prosecute his Appeal in his own Person because that could not be done but by a fit Witness who had heard of and seen the thing in question [3.] Ibidem Note also that the Champion Defendant could not in the Court produce in his place any other to undertake the Combat than his own Legitimate Son [4.] Ibidem But it often happened that a Champion was hired for reward to make Dirationation or proof of the matter controverted against whom if the adverse Party should except that he was less fit because he had taken a reward or been hired and being ready to prove the same against him if he should deny it by himself or by some Person who saw him take the Reward Principale duellum remanebit he should be heard and the principal Duel was to remain or be stayed [5.] Ibidem And if he was hereof convicted and the Champion of the Plaintiff vanquished in Combat then his Master or Patron lost his Suit and the Champion as being conquered lost the Law of the Land that is to say afterwards he was never to be admitted in Court as a Witness to make proof or Dirationation of any thing for any other man by Battel [6.] Ibidem But for his own self he might defend his own body or prosecute an injury done to him as breach of the King's Peace and might also defend the Right of his Fee and Inheritance by Combat [7.] Ibid. c. 3. In fine The Punishment of a Recreant The Battel ended the vanquished Person was (d) This was a great Penalty in those days and in the Saxon times one of the highest for great Crimes as appears every where in their Laws punished sixty shillings as a Recreant or Coward and moreover lost the Law of the Land [7.] Ibid. c. 3. In fine The Punishment of a Recreant And if the Champion of the Tenent or Defendant was overcome his Lord Patron or Master lost the Land claimed with the Profits and Commodities found upon it at the time of Seisin And could never afterwards be heard in Court again for the same for those things that were determined in the Kings Court by Duel were to remain firm for ever and thereupon a Precept was directed to the Sheriff That the Victor should have the Land which by Combat was proved to be his and should be put in Seisin of it by this [8.] Ibid. c. 4. A Writ of Seisin to the Victor after Battel Writ The King to the Sheriff Greeting I command you that without delay you cause M. to be seized or give him Possession of one Hide of Land in such a Town concerning which there have been a Plea or Controversie in my Court because the said Hide of Land was adjudged to him in my Court by determination of Combat witness Ranulph c. [9.] Ibid. c. 5. Thus it was if the Demandant prevailed in the Combat but if his Champion were overcome then the Tenent or Defendant was acquitted from his claim Thus much Glanvil of Tryal by Combat in Civil Cases In Criminal Cases it was also used Duel or Battel in Criminal Cases but more especially in Appeals of Treason and Murder And the manner of this Tryal [1.] Lib. 3. c. 18 Bracton delivers beginning thus of those which are taken for any Crime or great Felony as for the death of a man c. [2.] Ibid. n. 3. when the Delinquent was brought forth and accused in Court and confessed the Crime there was sufficient ground for a full and compleat Judgment But if he denied it and any one Appealed him of the Crime and that he did not except (e) There were many Exceptions to be taken many several ways in this way of Tryal Exceptions against an Appellant as first to the Person of the Appellant that he was Outlawed Perjured a Condemned Person or formerly had been Recreant and not made good his Proof c. any of which were reason enough to put him by his challenge if proved against the Appellant he had his choice whether he would be tried by his Country whether guilty or not or he might defend himself by his own body that is by Battel if he chose to be tried by the Country and repented him of it he could not try his Case by Duel but must have it decided by the Country and so on the contrary And taking upon him to defend himself by Battel [3.] Ibidem The Judge by his Office ought to examine whether all things rightly concurred for the joyning Battel [4.] Ibidem and if the Fact and Cause were sufficient and all things concurred well to warrant the Combat then the Appellate or Defendant gave Pledges or Security to defend himself and the Appellant to disprove or dirationate him and if the Appellate or Defendant were overcome The Defendant if overcome lost his Estate and Goods The Appellant if vanquished cast into Prison as a False Accuser he suffered capital Punishment and lost all his Estate and Goods But if the Appellant were vanquished he was committed to Prison to be punished as a False Accuser yet he was not to lose either Life
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
the Land he passed away or to give so much other Land in lieu of it to him that vouched him to warrant it C. 51. 67. Wrong in Word or Deed as Battery and Defamation were Actions personal Actions of wrong Possession of Fees Moveables or Chattels were possessional De Tort faicte Tort. Wrong or Tort was the Fountain of all Contention C. 5â— Forcible Entry Forcible Entry and breach of the Peace contrary to the Dignity of the Duke and Peace of the Country C. 53. Gloss Tit. Court Pleas of the Sword By Charter from the Duke Knights Earls Barons had Courts c. Of all these Pleas and also Pleas of the Sword the Duke hath his Lay-Court And also by Grant and Charter from the Duke Knights and such as hold freely Earldoms and Baronies and other Dignities Feudal whether Military Fees or Frank Sergeanties or other Frank or Free Fees have their Courts of their Residents in simple Plaints And of light and weighty Matters of Moveables and Heritages and of Thefts yea although they were to be determined by * Glanv l. 8. c. 9 Battle But such as were not noble Tenents or held by vile Services as Bordiers and such as performed drudging and villain Services had no Court or Vsage over Tenents in such Fees C. 52. Tit. de Haron our Hue and Cry There was a Court of the Cry called Haron with us Hue and Cry to which all that heard it were bound to go And there was an Inquest whether the Cry was rightfully or wrongfully levied for it was never raised but in Causes Criminal as for burning Houses for Theft Murder Robbery or other great and apparent Mischiefs or danger They begun at the place the Fact was done and pursued the Malefactor from Parish to Parish with noise and Arms until if they could they had taken and rendred him to Justice and for neglect in the Parish or Peoples making this Cry and pursuit they made fine to the Duke This was called a Plea of the Sword or as we call it of the Crown because such Malefactors ought to be restrained by the Sword and Arms and ought to be put in Prison and bound Such Plaints are called Criminal Ibidem Plaints Criminal for which a man loseth Life or Member others are called simple by which the Malefactor is only chastised as a Child with a Rod. The Court of some Plaints is in the Vicount of some in the Assize Plaints in the Vicount Assize Exchequer of some in the Exchequer In the Vicount were only Holden Simple Plaints What Plaints in the Vicount and the amends of Defaults in the Assize and such Plaints as ought to have the term of fifteen days that is were holden from fifteen to fifteen days And such as were holden in this Court were called Pleas Vicountel Pleas Vicountel Every great Plaint as Breach of the Peace Cases Criminal Ib. Gloss K. What Plaints in the Assize and Exchequer Cases touching Noble Fees and all the like great Plaints could not be determined but in the Assize in the Exchequer or before the Prince where the Determination was Recorded And for this reason these Courts were furnished with more Sage men than others that the Plaints might be more discreetly determined The Exchequer was an Assembly of high or Superior Justiciers C. 56. What the Norman Exchequer was to whom it belonged to amend the Judgments of the Bayliffs and lesser Justiciers and to correct their Errors to render right to every man without delay as from the mouth of the Prince to preserve his Rights and to recall such things which had been evilly and fraudulently granted away or put out of his hands and to observe every where as with the Eyes of the Prince those things which appertained to his Dignity and Honor. The ordinary way was Ib. in the Gloss The Office of Bayliff and Vicount that the Vicount corrected the ill Judgments and Errors of the base Justicies under him and the Bayliff those of the Vicount and the Exchequer those of the Bayliff A Plaint or Clamor is C. 57. A Plaint or Clamor what Plantiff bound to prosecute when any one shews by complaint to the Justicers the wrong that is done him who have power to receive them and to take Pledges of the Complainants that they will prosecute them The Plaintiff thus bound C. 58. if he appeared not in Court at the day appointed him and if his Adversary then appeared he had leave to go without day if the Suit were concerning a Lay-Fee To go without Day what and the view were made and the Plantiff pursued not his Claim but made Default he was not to be heard any more in that Matter To lose by Default And if the Defendant made Default in that Case he ought to lose the Seisin of the Fee which was shewn or viewed C. 62. Glanv l. 2. c. 3. Witnesses c. Witnesses sware to what they heard and saw and were ready to do as the Court should award no man to witness in his own Case nor his Heir for him nor any Partakers in the Plaint or Relations C. 63 64 65. Pleaders Conteurs Attorneys There were Pledeurs Conteurs and Attorneys that pleaded and managed Cases in Normandy to these are answerable our Serjeants Barresters and Attorneys C. 66. View before Tryal Land demanded by Battel or Writ of Right Knights c. made the view There were also views of several things required before Tryal view of the Fee view of the Sick person view of the Mischief done view of the person slain view of the defloured Virgin c. The view of the Fee or Land in question when it was demanded by Battel or a Writ of Right and generally in all Pleas or Controversies concerning the Inheritance was made by four Knights and twelve lawful-men Novel Disselsin view made by Knights Languor view made by Knights In Novelle Disseisines and all Plaints brought after the manner of Novel Disseisin which were for Possessions the view might be made by twelve lawful men without Knights but it were better if Knights were there if they might easily be had The view of Languor or Sickness was made by * Glanv lib. 1. c. 19. The same here four Knights The view of Murder Homicide Mayheme or wounds inflicted by force was made after the same manner The view of a Virgin defloured was made by seven Matrons of good Credit C. 67. C. 51. Tit. de Querelles Pleas or Plaints some are personal some real personal either by Deeds or Words by Deeds as by Battery or Wounds C. 68. Glanv l. 14. c. 3 Murder Battel In Suit of Murder R. complains of T. that he Feloniously murdred his Father being in the peace of God and the Duke and that he was ready to prove it c. If T. denies it word for word and offers gage to defend
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
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.
and King of England burn his Towns and Villages Henry craftily brought over Matthew Earl of Bologn to his side but when he was to come to his assistance John Earl of Pontheu would not permit him to pass through his Country so that he was forced to Ship his Soldiers and bring them by Sea for which denial the King and Earl Matthew march into Earl Johns Country and burn above forty Towns and Villages The mean while the King of France burnt the Castle of Hugh of Newcastle called Brueroles and wasted almost all the Country of Perch In the day of [6.] Ibidem C. 1168. Peace between the two Kings Henry Son of King Henry did Homage to the King of France for Anjou Main and Britany He is made Senescal of France Epiphany or on Twelf-day the two Kings were Reconciled and made Friends Henry Son to King Henry did Homage to the King of France his Father in Law for the Earldoms of Anjou and Main and the Dukedom of Britany which he then gave him for the Dukedom of Normandy he had done Homage before At the same time his Father in Law made him Senescal of France which belonged to the Fee of Anjou and then also Richard Son of King Henry did Homage to the King of France for the Dukedom of Aquitan In the Feast of the Purification of the Virgin Mary or at Candlemass Henry the Son of King Henry at Paris served the King of France at his Table as Senescal of that Kingdom King [7.] Ibid. D. An. Do. 1169. He doth Homage to Philip Son of King Lewis As also his Brother Geofry for Britany Henry Conferred with the King of France at St. Germans En Ley and there his Son Henry did Homage to Philip Son of King Lewis and Geofry at his Fathers Command did Homage to him for the Dukedom of Britany In Lent King Henry went into Gascony and destroyed many Castles that were fortified against him and reconciled to himself and made Peace with the Earls of Angolism and March and many others of less Note In May Geofry the Son of King Henry came to Rennes and Stephen Bishop of Rennes Geofry receives the Homage of the Barons of Britany Aubert Bishop of Alith and Robert Abbat of Mont-Michael and other Religious Persons receceived him with great Veneration in the Church of St. Peter and there he rceived the Homage of the Barons of Britany At Christmass following the King kept his [8.] Rad. de Diceto Col. 551. n. 50. Benedictus Abbas p. 29. a. The remainder of the British Barons swear Fealty to King Henry and his Son Geofry Court at Nantes where were present the Bishops and all the Barons of Britany and all the Earls Barons and Freemen that had not done it before sware Fealty to him and his Son Geofry From thence he passed into Normandy and put all things into good order there and then came into England and landed at [9.] John Bromton Col. 1060. n. 30. King Henry comes for England is in danger of Shipwrack Portsmouth on the third of March In his Passage there happened a great Storm at Sea wherein the King was in danger of Shipwrack one of his best Ships was lost and several of the Nobility with 300 Persons of both Sexes perished in her Soon after his coming into England [1.] Chron. Gervâ—s Col. 1410. n. 10. Ben. Abbat p. 29. b. Inquisitors appointed in all Counties of England he called together his Great Men and appointed Abbats and Clerks Earls and Knights to pass through the Land giving them a Form in Writing what they were to do Into Kent Surry Middlesex Berkshire Oxfordshire Buckinghamshire and Bedfordshire were sent the Abbat of St. Augustins in Canterbury the Abbat of Chertesey the Earl of Clare William de Abrincis Maneser de Dammartin Gerold Fitz-Ralph Gilbert de Pinkeny William Fitz-Helt William Fitz-Nigell William Fitz-Martin Ralph of the Hospital and Ralph de Dene All these together were to go the Circuit in the Counties abovesaid and in like manner Inquisitors were sent through all the Counties of England These Itinerant [2.] Chron. Gervas Dorob Col. 1410. n. 20 30. Anno Dom. 1170. Barons were to exact Security and Pledges of all Sheriffs who were Sheriffs since the King went into Normandy which was about four years and of all that after that time were their Bayliffs or Ministers whatsoever Bayliwick or Charge they had under them and of all those which had Hundreds of Barons in any Counties whether they had them in Farm or Management That they should be before the King at a day by them appointed to do such Right to him and his Subjects as they ought to do and if the Sheriffs could not come before them they were to send such in their steads as would be answerable for them and they were to give Security and Pledges as well for themselves as the Sheriffs that they would do before the King what the Sheriffs ought to do at the day appointed And then they were to make this Enquiry I. First of all [3.] Ibidem n. 50. The Articles of Enquiry they were to enquire of the Sheriffs and their Bayliffs what and how much they received of every Hundred and every Township and every particular Man since the King went last into Normandy by reason whereof the Nation or particular Men might be grieved and what they took by the Judgment of the County or Hundred and what without it and what appeared to be taken by the Judgment c. i. e. lawfully was to be written and noted by it self and what was taken without Judgment c. that is unlawfully was also to be written and noted by it self and of all their takings they were to enquire the Cause and with what Testimony or Authority they took any thing from any Man II. Also They were to enquire [4.] Ibidem n. 60. what Lands and how much the Sheriffs had bought or received in Mortgage or were Pawned to them III. Also They were to enquire of the [5.] Ibidem Arch-Bishops Bishops Abbats Priors Earls Barons Vavasors Knights Citizens Burgesses and their Senescals or Stewards Bayliffs or Ministers what and how much they have received in their Lands after the Term aforesaid of every of their Hundreds Townships or their particular Men by Judgment or without it and all the Prises or Takings the Causes and Occasions of them they were to be written and noted distinctly IV. Also They were to [6.] Ibidem 1411. lin 5. enquire of all those that since the time aforesaid had any Bayliwick that is Charge or Employment under the King concerning an * That is when they were void and the Baronies in Custody or Ward Arch-Bishoprick Bishoprick Abby Barony Honour or Eschaet what and how much they gained in that Employment V. Also They were to [7.] Ibidem n. 10. enquire of the Kings Bayliffs or Officers who managed his Business what in any place had
King of England's Vassal and a great and potent man of his Lineage invaded and took that Kingdom owning no subjection to the King of England nor would he obey his People for their unfaithfulness and the Injuries they did to the Irish without cause or provocation Robert Fitz-Stephan and Miles Cogan [5.] Girald Cambren l. 2. c. 18. Limeric fired by the Inhabitants conducted Philip Breuse to his Government but when he came near Limeric the Inhabitants set the Town on Fire in spight Robert Fitz-Stephan and Miles Cogan offered their assistance for the recovery of the City and Kingdom of Limeric but Philip refused to come and live amongst such People and so returned with them to Cork Some time after this [6] Ibidem Miles Cogan and Ralph Son to Robert Fitz-Stephan that had married his Daughter went toward Lismore to treat with the Waterford men and determined to lodge with one Mac-Tyre that night who had invited them But while they were in the Field expecting the Waterfordians stealing upon them unawares Miles Cogâ—n treacherously slain by Mac-Tyre he killed them and five other Knights whereupon Mac-Carty and Mac-Tyre with the Irish in those parts put themselves into Arms refusing subjection to the English and designed to destroy Robert Fitz-Stephan whom they had besieged in Cork his Nephew [7] Ibid. f. 797 n. 10. Reymund heard in what distress he was and shipped himself at Wexford with twenty Knights and an hundred Foot and Bow-men and landed at Cork encountred the Enemy killed many caused others to fly and forced the greatest number of them to sue for Peace and live quietly The King hearing of the death of Miles [8] Ibidem Richard Cogan his Brother succeeds him sent Richard Cogan his Brother with a choice Band of men to succeed in his place in the Kingdom of Cork a man no way inferior to his Brother for Courage and Martial knowledge Hugh de Lacy at this time governed Ireland [9] Ibid. c. â—9 The Irish quietly submit to the Government of Hugh de Lacy. with great Prudence and Moderation he recalled such as had been violently thrown out of their Habitations so as in many places the Lands were stocked and cultivated again in a short time he established the Nation in such Peace and by his Generosity and kind behavior so allured the Irish and obliged the great men that he was much suspected to have aimed at the Dominion Crown and Scepter of that Nation This suspicion of him increasing [1] Ibid. c. 21. A. D. 1181. Upon suspition he is recalled and new Governours appointed he was recalled from his Government and John Constable of Chester and Richard de Pec were sent by the King to undertake that Charge but before he went and in the time of his Government he had built very many Castles and placed Garisons in them for the security of the Kingdom Hoveden placeth this [2] F. 348. b. n. 30. Revocation and sending of the new Governours in the year 1181. and says they would not continue him Governour any longer because he had married the Daughter of the King of Connaught according to the Custom of the Irish which might add much to the suspition of his Usurpation He also saith [3] Ibid. n. 20. that Laurence Archbishop of Dublin some time before and about Candlemass came into Normandy and brought with him the Son of the King of Connaught and delivered him to the King of England as an Hostage for the performance of the Agreement between them concerning the Tribute of Ireland These two Governours were sent into Ireland in [4] Ibid. c. 22. Hugh de Lacy restored to the Government of Ireland with Robert of Shrewsbury his Coadjuror Summer this year and I find nothing done by them there in the following Winter Hugh de Lacy was restored to the Kings Favour and having given Security to him had the Care of that Nation again committed to him and with him Robert of Shrewsbury a Clerk was joyned in Commission by the King as his Coadjutor and Counsellor and Witness of his Actions upon this Resumption of the Government he built many other Castles for the security of the Englâ—sh Interest King Henry as he had given [5] Ibid c. 24. A. D. 1182. Kiâ—g Henry gave the Dominion of Ireland to his Son John the Dominion of Ireland to his Son John so now he resolved he should go thither and in the beginning of August sent before him John Cumin an English Monk of Evesham lately chosen Archbishop of Dublin upon the Death of Laurence to prepare things against his coming John Cumin Archbishop of Dublin at the same time Hugh Lacy was discharged from his Government Hugh Lacy discharged from his Government of Ireland and Philip of Worcester sent in his stead He exacts great Tribute from the Clergy and Philip of Worcester in the beginning of September was with Forty Knights sent in his stead The first thing he did was to seize again the Lands Hugh Lacy had aliened and sold away to the King's use in the beginning of March he went to Ardmagh with a great Army and exacted and forced from the Clergy a great Tribute of Gold and from thence marched to Doun and so returned with the Tribute to Dublin As he had determined King Henry having prepared all things for his Voyage [6] Hoveden f. 359. a. n. 20. 50 A D. 1185. Girald ut supra c. 31. John King Henry's Son goes into Ireland sent his Son John into Ireland Ranulph Glanvill Principal Counsellor of the King and Kingdom and Justiciary of England conducted him to his very Ship which he entrd in Milford Haven on Wednesday in Easter week in the Evening and arrived with the rest of the Fleet at Waterford next day about Noon with 400 Knights or men at Arms and many other ordinary Horse-men and Archers Many Clerks were sent with him and amongst the rest * The Author of the Conquest of Ireland Giraldus Cambrensis was by his Father appointed his chief Director and Tutor At the very first coming of John the Kings Son there met him at Waterford [7] Ibid. c. 35. f. 807. n. 40. The Irish came to complement John they are despised by his Followers all the considerable Irish of those Parts who had been faithful to the English and lived peaceably under them who were derided and despised by the New men and Normans that came over with him The Irish wore long and great Beards with which these light young men played many tricks and abused them otherwise These men got themselves out of Town and repaired to their own homes from whence they departed with their Families and all they had They fly to the Kings of Limeric Connaught and Cork and make their Complaints to them some to the King of Limeric others to the King of Cork and some to Roderic King of Connaught To these they declared how they had
Clergy and much People and placed honorably in a Shrine wonderfully wrought with Gold and pretious Stones There were present at this Translation Arch-Bishops Bishops Abbats Priors and many others of France and divers other Nations who came chearfully to so great a Solemnity in Honor and Reverence of the Blessed Martyr who shed his Bloud for the Vniversal Church Qui pro Vniversali Ecclesia Sanguinem suum fundere non timuit Paris says this Translation was in crastino Octavarum Apostolorum Petri Pauli That is the 7 th of July on which day says Mr. Somner in the [2] p. 246. Antiquities before cited there is a Fair at Canturbury Called Beckets Fair. Beckets Fair. And in Norfolk there is on the same day one at Bromhill near Brandon Ferry and another at West-Acre about four Miles Distant from Swifham both called Beckets Fair and in both places there are old Râ—nous Chappels which were undoubtedly Erected and Dedicated to him The Jewels That belonged to this [3] Ibid. p. 247. The Ricâ—es of his Shrine Shrine were shewn being touched with a White Rod and their Names Price and Donor Declared and the spoyls of it in Gold and Jewels of an inaestimable [3] Ibid. p. 247. The Ricâ—es of his Shrine value filled two great Chests one of which six or eight strong men could do no more than carry out of the Church This Shrine had a Clerc and certain reteinors that constantly attended upon it [4] Ib. p. 248. in Regard of the Treasure that was about it and also of the continual offerings thereunto by such as came to visit it or came on Pilgrimage to it Mr. Somner says he had seen the Accounts of the Annual profits of it which above 300 years since amounted to 200 l. per Annum and within six or Eight years afterwards they were more than Trebled This Saints [5] Ibidem His Jubilee once in fifty years Iubilee was kept every fiftieth year after his Death and 't is almost incredible what numbers of people flocked to Canturbury to the Solemnizing of it In the Year 1420. there were by Estimation an hundred thousand people English and Strangers Irish Welch Scots French Normans and from Garnsey and Jersey as appears upon [6] Append. n. 65. The vast number of people that flocked at a time to Canturbury Record That came thither to procure the health or salvation of their Souls and for whom the Bayliffs Commanded the Citizens to provide sufficient Lodgings and the Victuallers Tavernors Brewers Bakers Butchers Fishmongers Cooks and Hosts sufficient Victuals against the time of their coming The Arch-Bishop of Canturbury [5] Hoved. f. 310. a. n. â—0 A. D. 1175. held a Council at London in Westminster before the two Kings and by their assent and desire on the Sunday before Ascension day upon the 15 th of the Kalends of June that is the 18 th of May. Celebravit [6] Ben. Abb. p. 62. a. An Eccleâ—iastic Council held at Westminster Cantuariensis Archiepiscopus Richardus Consilium apud Londonias Westmonasterio coram predictis Regibus Et assensu voluntate corum die Dominica xv Kal Jami For the Canons of this Council see the [7] Append. N. 66. Appendix In this Council [8] Hoved. f. 311. a. n. 40. A Controversie in that Council about bearing the Cross between the two Arch-Bishops c. The Clercs of the Arch-Bâ—shop of York claimed a right of That Church to carry up the Cross in the Province of Canturbury They claimed also on behalf of their Arch-Bishop The Bishoprics of Lincoln Chester Worcester and Hereford as belonging to his Province and Appealed to Rome They also Appealed to the Pope concerning the Sentence of Excommunication against the Clercs of the Arch-Bishop of York that officiated in the Chappel of St. Oswald in Gloucester for that they would not attend the Arch-Bishop of Canturbury upon his Summons as the Clercks of his own Province did A little before [8] Ibidem fol. 313. a. N. 10. A Cardinal sent into England The King makes peace between the Arch-Bishops the Feast of All Saints this year Cardinal Hugezun the Popes Legat at the Kings request came into England and found him at Winchester making an Agreement between the two Arch-Bishops and at length by the Kings interposing it was Agreed That the Arch-Bishop of Canturbury should release his Claym to the Chappel of St. Oswald and absolve the Clercs of the Arch-Bishop of York which he had Excommunicated And as to carrying the Cross and other Controversies between the two Churches They were to stand to the Judgment of the Arch-Bishop of Roven and other Neighbour Bishops of France Cardinal Hugezun [1] Ibidem N. 30. The Cardinal gives the King leave to implead Clercs Gave the King leave to implead Clercs for trespasses done in his Forests and for taking of Venison Upon [2] Append. N. 67. Agreement between the Kings of England and Scotland made at York The heads whereof are here recited f. 323. F. and f. 324 A. B. C. D. Richard Bishop of St. Andrews and Richard Bishop of Dunkelden Geofry Abbat of Dunfirmelin Herbert Prior of Coldingham and the other Bishops and Clergy of Scotland Granted That the Church of England should have That power in the Church of Scotland which of right it ought to have and That they would not be against the right of the Church of England Taxes in this Kings Time A Scutage near the beginning of his Reign not to be found what it was A Second Scutage to raise men for the [1] See here f. 301. F. A. D. â—159 5. Hen. 2. Siege of Tholose 180000 l. Hoc Anno Rex Henricus Scotagium sive Scutagium de Anglia accepit cujus summa fuit centum millia quater viginti millia Librarum Argentt and the like of his other Countries Gervas Chron. Col. 1381. lin 3. A Third Scutage in the 7th of his [2] Lib. Rubr. in Scaccario A. D. 1166. Reign for the Siege of Tholose at two Marks every Knights Fee In the 12 th of his Reign two pence in the pound [3] Chron. Gervas Col. 1399. N. 10. A. D. 1166. for the first year and a peny in the pound for four years after of all Rents and Moveables for Defence and assistance of the Church Terrae Orientalis of the East Land suppose the holy Land A Fourth Scutage [4] Lib. Rubr. in the 14th of his Reign at a Mark a Knights Fee A Fifth Scutage in the 18th of his Reign not known what it was See here f. 342 F. f. 344. A. In the last year of his Reign a Tenth of all moveables for the Crusado or expedition into Holy Land Many more there must have been seeing his whole Reign was a continual Course of War and that very Expensive at home in France and Ireland Though we find no larger Account of them The Issue of King Henry the Second HE
and that the two Iews should have one and the Keeper of the Rolls one Also every Iew was to swear upon his Roll he did not believe the Gospels That he would cause all his Debts Pawns and Rents and all his things and possessions to be Inventoried and that he would conceal nothing and if he knew any thing another man concealed he would reveal it to the Iustices sent about that Affair and that he would discover all Falsifiers and Forgers of Charts all Clippers of Money where-ever he knew them Furthermore Inquisition was to be made what the Kings Bayliffs had taken or Exacted as well his Justices Sheriffs Constables and Foresters as their servants after the first Coronation of the King and why those prises were taken and by whom and of the Chattels or Goods offered Gifts and Promises made by occasion of the Seisin made of the Lands of Earl Iohn and his Favorers who received them and what and the Delay they received by the Archbishop of Canturbury then Iusticiary of the King The King [7] Hoved. f. 424. a. n. 50. The King forces his Officers to a Composition all this while was in France and having finished his Business in Poictou according to his desire returned into Anjou and forced all his Officers to a Composition and did the like in Main and from [8] Ibid. b. lin 1.2.3 c. The Seal taken away from the Chancellor and a new one made thence coming into Normandy took it ill whatever had been done in the late Truce and imputing it to the ill Management of his Chancellor took his Seal from him and made a new one and sent into or caused it to be published in all his Dominions That nothing should be firm or of force that had been sealed with his old Seal And commanded that all who had Charts should come and renew them at his new Seal The King then [9] Ibid n. 10. ordered there should be Torneaments that is Tiltings and Feats of Arms shewn in * These Hastiâ—udes or Tiltings were brought out of France and probably before this time but seldom if at all used in England What was paid for Licence of Tilting And to whom it was paid England and by his Chart confirmed it So as every one that would Tilt or shew Feats of Arms should pay according to the following Rates An Earl for Licenâ—e of Tilting Twenty Marks of Silver Barons Ten Marks of Silver every Knight that had Land Four Marks of Silver every Knight that had no Land Two Marks of Silver And he commanded That â—o Knight should be admitted to the place of Tilting unless he first paid down his Money The Chart of this Grant the King gave to William Earl of Salisbury to keep and Hubert Walter the Kings Chief Justice appointed Theobald Walter his Brother Collector of this Money [1] Ibid. f. 425. a. n. 40. The Archbishop of York is reconciled to the King The Archbishop of York went into Normandy to his Brother and was reconciled to him for 2000 Marks [2] Ibid. f. 428. a. n. 20. A. D. 119â— Earl John is pardoned by the King and is restored to his Honors and Possessions And also pardoned his Brother Iohn and restored him the Earldom of Moreton the Honor of Ey and Earldom of Gloucester with every thing belonging to them except the Castles and in lieu of his other Earldoms and Lands he allowed him 8000 l. of * That is â—000 l. Sterling Hugh Bishop of Coventry is pardoned Anâ—ou Money The same year he pardoned Hugh Bishop of Coventry [3] Ibid. n. 30. And restored to his Bishopric for a Sum of Money and restored his Bishopric for 5000 Marks of Silver And that year Hubert Archbishop of Canturbury at the Kings Request was made the [4] Ib. b n. 40. â—he Archbishop Hubert made the Popes Legat. Popes Legat of all England The next year there happened a Dissention amongst the [5] Ibid. f. 135. b. n. 2. Citiâ—ens of London about an Ayd imposed upon them [6] f. 181. n. 20 A. D. 1196. A Dissention among the Citizens of London about paying an Ayd or Tallage Matthew Paris says it was a Tallage exacted of them by the Officers of the Kings Exchequer The Rich and best Citizens to spare themselves cast the whole or the greatest part of it upon the ordinary People A certain Lawyer called William with the Beard the Son of Osâ—ert became the Advocate of the ordinary People and would have had the Tallage paid equally according to the Estates and Abilities of the Citizens and passed beyond Sea to the King and obtained of him that the ordinary People should be freed from it Hubert the Archbâ—shop and Kings Justitiary was much moved at it and commanded that where any ordinary Citizens were found out of the City they should be taken as Enemies to the King and Kingdom At Stanford Fayr in Lent some of the ordinary Tradesmen of London were taken by the Kings Justitiaries Warrant who also commanded That William with the Beard should be taken and brought before him One Geofry a Citizen was sent to take him whom he killed and when others would have taken him he fled with some of his Company and shut themselves up in Bow Church in Cheapside and when they would not come out there was force used yet they would not render themselves but defended the Steeple where by Command of the Archbishop a Fire was made under them and so they were smoaked out and William with the Beard was taken and carried to the Tower and there judged to be Hanged and was drawn through the City to the Gallows and there Hanged with eight of his Companions and the other Citizens that were in the same Tumult or Riot cast themselves upon the Kings Mercy and found Sureties for the Peace The Archbishop as he thought [7] Hoved. f. 436. b. n. 30. The Archbishop begs of the King to ease him of the Secular Government but was not granted was over-burthened with the Care of the Government of the Church and Kingdom and therefore made it his request to the King to ease him of the Secular Government He was very unwilling to do it as knowing there was not one like him for the Preservation of the Laws and Rights of the Kingdom or Government But he repented and having looked into the Rolls of Accounts he let the King know That the last two years only he had out of the Kingdom of England procured to his use Eleven * More than five Millions Sterling now according to the price of things then A. D. 1197. Hundred Thousand Marks of Silver and added That if he thought his Service necessary and it was his pleasure he should still serve him he would not refuse the Labor notwithstanding his Age. In the year 1197. King Richard made an Assise of Measures Assisa De [8] Ibid. f. 440 b. n. 10. One Assise of Measures and Weights appointed
over England Mensuris facta per Richardum Regem Angliae He appointed one Measure throughout all England for all sorts of Grain as well in Cities and Boroughs as without Also That the Measures of Wine and Ale and other Liquors should be the same all the Nation over according to the Diversity of Liquors And the Weights to be the same according to the Diversity of Things Weighed And all Measures were so to be secured as they could not be falsified He ordered That all Woollen Cloaths where-ever they were made should be of the same Breadth that is Two Ells within the Lists And that the Ells should be made of Iron Keepers of the Assize made in Cities and Boroughs He also ordered there should be Four or Six according to the largeness of the City or Borough assigned in every City or Burgh who should see and search That all things were sold according to these appointed Measures and Weights And if they found any one that confessed or was convicted of selling by other Weights and Measures than by those appointed he was to be imprisoned and all his Goods to be seised into the Kings Hands The Penalties inflicted upon Transgressors of the Assise If the keepers of the Assise were negligent and were convicted before the Kings Justices they were to be in the Kings Mercy concerning their Goods And he commanded That no Man in any County after the Feast of Purification should sell any thing but by the Measure prescribed Nor that any Man after the Fayr at Stanford in Mid-Lent should sell any Cloath that was not Two Yards within the Lists The year following King Richard desired of the [9] Ibid. f. 441 b. n. 40. A. D. 1198. Feudataries or Military Men of England by Hubert Archbishop of Canturbury Richardus Rex Angliae per Hubertum Cantuariensem Archiepiscopum petiit ut Homines Regni Angliae invenirent ei c. That they would find him 300 Horse trecentos milites to remain in his service for one year The Kings Feudataries to find 300 Horse or pay so much as would maintain them or that they would let him have so much money as would maintein so many Knights milites and give them for their Livery or Wages de Liberatione in die every day three shillings of English money All present not daring to deny it consented to the proposition except Hugh Bishop of Lincoln least for the future it might do injury to his Church The same year the King took an Ayd of [1] Ibid. f. 442. b. n. 50. A. D. 1198. The King takes an Ayd of every Hyde in England Who were appointed and the Manner how it was Collected five shillings of every Carucate or Hyde in England Eodem Anno Richardus Rex Angliae accepit de unaquaque Carucata terrae sive Hyda totius Angliae quinque solidos de auxilio and sent into every County one Clerc and one Knight to Collect it They were Directed to the Sherif which three with certain legal Knights chosen for that purpose and Sworn faithfully to Execute the Kings Business caused to come before them the Stewards of the Barons of that County and the Lord of every Town or the Baylif of the Town and the Reeve with four lawfull men of the Town whether Free-men or Rustics sive liberis sive Rusticis and two of the most legal Knights of the Hundred who did Swear and faithfully Discover how many Plough-Tilths there were in every Town how many in Demeasn how many in Villanage Quot in Dominico quot in Vilenagia how many the Religious held in Alms and what Services they did for them And upon every Plough-Tilth they imposed first two shillings then three shillings and inrolled them all whereof the Clerc had one Roll the Knight another the Sherif a third and the Barons Steward a fourth The money was Received by two Knights and the Baylif of every Hundred and they answered it to the Sherif and he according to his Roll answered it at the Exchequer before the Bishops Abbats and Barons assigned for that purpose The [2] Ibid. 443. a. n. 10. Penalties inflicted upon Concealers against their Oath punishment appointed for such as concealed any thing against their Oath was if he was a Rustic That is a Villan si Rusticus Convictus fuerit he was to give his Lord the best Oxe in his plough and pay as much of his own to the Kings use as by his Perjury he had Concealed If a Free man was Convicted he was in the Kings Mercy and was to answer as much of his own to the Kings use as he had Concealed It was also ordained that the Barons with the Sherif should Distrein their Tenants and if they did not so much should be taken upon their Demeasnes as the Tenents were in Arrear All free fees That is Maners and Military fees belonging to Parochial Churches and Serjeanties which were not setled upon Knights Fees were excepted out of this Ayd What Fees were excepted out of this Ayd yet the names of the Serjeants and the value of their Lands were inrolled and they were Summoned to be at London 15 Days after Whitsunday to hear and do the Kings Command According to the Estimation of legal men they which were to give in the Number of Plough-Tilths allowed to every one an Hundred Acres A. D. 1198. The Monks of the holy Trinity in Canturbury not well pleased with some of Arch-Bishop Huberts Actions [3] Ibidem n. 30. A complaint made to the Pope against Archbishop Hubert by the Monks of Canturbury sent some of their Number to Rome and complained to Pope Innocent That contrary to his Order and Dignity he was Justiciarie of the Kingdom and a Judge in Causes of Bloud and so involved in Secular Business That he could not but neglect the affairs of the Church Particularly they accused him That the Peace or Sanctuary of the Church of St. Mary del Arch or Bow Church London was violated by his precept and that William with the Beard was violently taken out thence with nine of his Companions adjudged to Death and tyed to Horse Tayles Drawn to the Gallows and Hanged Upon this Complaint [4] Ibid. n. 40. The Pope sends to the King to remove him from Secular business the Pope sent a Paternal Admonition to King Richard That for the healâ—h of his own Soul he should remove him from all Secular Business and that for the future he should neither admit him nor any other Bishop or Priest to any Worldly imployment or Administration and Commanded all Prelates by virtue of their Obedience they should not dare to undertake them [5] Ibidem He is set aside And thus the Archbishop was set aside and Geofry Fitz-Peter succeeded him in the Government of the Kingdom They accused him also [6] Ibid. n. 50. That in prejudice of the Mother Church of Canturbury he had built a Chapel at Lambhithe and placed secular
own Ground or Land and sent a good part of it to him he Demanded all as Due to him and believing it to have been secured in the Castle of Chalus near Limoges belonging to that Vicecomes he Besieged it and there received a wound in the Arm by an Arrow from a Cross-Bow whereof he Dyed on the 6th of April 1199. When he found himself ill and Despaired of Life he [1] Ibid n. 30 40. He devised the Kingdom of England c. to his Brother John Devised to his Brother Iohn the Kingdom of England and all his other Dominions and caused those that were present to Swear fealty to him and Commanded they should Deliver him his Castles and three parts of his Treasure And all his Baubells that is Gemms and Jewels omnia Baubella sua he gave to his Nephew Otho King of Alman His generosity to his Servants and the Poor And the Fourth part of his Treasure he Commanded to be Distributed amongst his Servants and the Poor There is nothing Considerable to be found concerning Ireland in this Kings Reign * f. 439 b. n. 40. It was in the Keeping and under the Government and Direction of Earl Johns Deputies and Officers Church Affairs THere was little done in Church matters in this Kings Reign Hubert Archbishop went to York to correct and amend all things that were amiss in that Province and on [2] Hoved. f. 429. b. n. 10 20. A. D. 1195. Hubert received at York only as the Popes Legat. He caused Assises to be held there St. Barnaby's Day he was met by the Clergy in Solemn Procession as the Popes Legat but not as Archbishop of Canturbury or Primat and brought into the Cathedral Church there On the Monday following he caused Assises to be held of all Pleas of the Crown and of Novel Disseisins and Death of Ancestors by his Ministers whilst he and his Officials held Pleas in Court Christian Sequenti die Lunae fecit ipse teneri Assisas de omnibus placitis Coronae Regis de Qova dissaisina de Morte Antecessorum per Ministros suos ipse vero Officiales sui tenuerunt placita Christianitatis which were dispatcht in that one day In two following days which were Wednesday and Thursday with the Clergy of the Province he held a famous [3] Ibid. n. 20.30 A great Council held by him in the Province of York Council in which were made 18 Decrees most about the Behaviour of the Clergy and matters of small moment which are therefore omitted This was the only Ecclesiastic Council I find in England in this Kings Reign But in Normandy the Clergy obteined their wishes and desires of King Richard and the Church there was freed from Servitude as they called it Mat. Paris says [4] f. 161. n. 10. Ecclesia Dei in Normania de longo servitutis jugo liberataâ—st glorioso Rege Richardo Annuente omnia Disponente The Church of God in Normandy was freed from a long servitude by the Order and Grant of King Richard First [5] Ibid. n. 20. Several privileges granted by the King to the Clergy in Normandy That no Clercs should be taken by Secular power as they had been formerly unless for Murther Theft Burning or such Enormous wickednesses And that their so soon as they were demanded They should be Delivered without delay to be judged in the Ecclesiastic Court That all Controversies about breath of faith or Oath should be Judged in the Ecclesiastic Court c. These and many other things altogether to the Advantage of the Ecclesiastics were agreed in a Convention of the Clergy Seneschal and Barons of Normandy The particulars whereof are noted in the [6] Append. n. â—9 Appendix and 't is not to be doubted but this Vsurpation upon the Rights of the Duke of Normandy and his Barons was the Ground of the * See Append. n. 42. Establishment of those Rights made by the Oaths of the Barons at Roven A. D. 1205. in the sixth of King Iohn Taxes and Moneys Raised in this Kings Reign A Scutage [7] Lib. Rubrâ— in Scaccario A Scutage oâ— ten shillings for every Knights Fee for Wales of ten shillings every Knights fee in the first year of his Reign which probably happened upon this Account Richard was Crowned September the 3d. In [8] Hoved. f. 377. a. l. 6. A. D. 1189. October Rhese Fitz-Griffin King of South-Wales came into England as far as Oxford Conducted by Earl Iohn of Moreton And because King Richard would not meet him as his Father had done he fell into a passion and returned into his own Country and would not speak with King Richard This might be taken or granted for some Forces to Reduce Rhese into a better Temper Next year toward his Expedition to the Holy Land An Ayd granted for the expedition into the Holy-Land two Saddle-Horses and two Sumpter-Horses were taken of every [9] Ibid. f. 378. b. n. 50. A. D. 1190. City of every Abby one Saddle-Horse and one Sumpter and of every of the Kings Maners as of the Abbies for an Ayd For his Ransome when Prisoner to the Emperor [1] Ibid. f. 4â—3 b. n. 10. f. 416. b. l. 1. A. D. 1193. A Tax for the Kings Ransome Of every Knights Fee 20 s. The fourth part of the Rents of the Laics That is of the Husbandmen or Tenents a fourth part of the Rents of some Clercs and a tenth of others all the Gold and Silver the Churches had and all the Wooll of that year of the Cistertian Monks and the Order of Semplingham Carucage [2] Ibid. f. 419. b. lin 1. A. D. 1194. An Ayd for his expedition into Normandy of every Plough-land two shillings of the Husbandmen or occupiers of every Knights Fee a third part of the service for his Expedition into Normandy the King Demanded all the Wooll of the Cistertians this year also for which they made a fine or Composition in Money For Liberty of [3] Ibid. f. 424. b.n. 10. A. D. 1194. Torneament or Tilting every Earl was to give 20 Marks every Baron 10 Marks every Landed Knight 4 Marks every Knight of fortune or without Land 2 Marks Eleven hundred [4] Ibid. f. 436. b.n. 30. A. D. 1196. 1100000 Marks raised by Hubert the Kings Justiciarie Thousand Marks Raised in two years A. D. 1195 1196. but not said how by Hubert Archbishop of Canturbury the Kings Justiciarie for the Kings use An ayd of five shillings [5] Ibid. f. 412. b n. 50. A. D. 1198. The Occasion of these Taxes of every Carucate of Plough-Land The cause of this great Tax besides the Kings Exigencies abroad might be two Expeditions into Wales this year [6] Ibid. f. 440. b n. 50. A. D. 1198. one by Hubert Archbishop of Canturbury when he was Justitiary about Christmass when he turned out the Constables of the Castles of Hereford Bridgnorth and Ludlowe and put in others
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
Money and prone and Flexible towards all Mischief and wickedness for Rewards either received or promised Noverat autem Rex multiplici didicerat experientia Quod Papa super omnes Mortales ambitiosus erat superbus pecuniaeque siâ—or insatiabilis ad omnia scelera pro praemiis datis vel promissis Ceream Proclivum And therefore sent Messengers to him who carried with them a great Summe of Money and promised a greater and ingaged he should become his Tributary Subject if he would find an occasion to Confound the Archbishop of Canturbury and to Excommunicate the Barons which formerly he had Cherished and Incouraged The Barons [1] Append. N. 133. Prince Lewis incourâ—geth the Barons for their better incouragement received Letters of Thanks from Prince Lewis for their stout behaviour in his causâ— with an exhortation to them to proceed in the same course and a promise that he would be suddenly with them In the mean while the Pope sent [2] Mat. Par. f. 280 n. 30. The Pope sends his Legat to diswade the King of France from permitting hâ— Son to invade England Walâ— or Gualo his Legat into France to prevent the expedition of Lewis into England who delivered to King Philip his Letters by which he endeavoured to perswade him not to permit his Son to invade England nor Disturb the King thereof but to protect Defend and Love him as a Vassâ— of the Roman Church The Dominion of whose Kingdom belonged unto it To which the [3] Ibid. n. 40 The King of France his Answer to the Pope King of France hastily answered That the Kingdom of England never was nor is nor ever shall be the Patrimony of Peter for King Iohn several years since indeavoured to Dethrone his Brother Richard for which he was accused of Treason and Convicted in that Kings Court Hugh de Pudsey Bishop of Durham pronouncing the Sentence against him and therefore he never was a â—rue King nor could give his Kingdom Also if at any time he was a true King since that he had been Condemned in his Court for the Death of his Nephew Arthur Also that no King or Prince could give away their Kingdom without the Assent of their Barons who are bound to defend it These were the Arguments of the King of France to invalidate and null the Popes Title The next day [4] Ibid. n. 50 f. 281. lin 1. n. 10. The Popeâ— Legat diswades the King of France aâ—d his Son from the Invasion of England The King of France his Answer to him by means of the King of France Prince Lewis was present in the Conference where the Legat began to perswade him That he would not invade or possess England the Patrimony of the Roman Church and also applyed himself to his Father according to the Effect of the Popes Letters To whom the King said he always was much Devoted to the Pope and the Roman Church and always effectually promoted their affairs Nor should his Son now by his advice or assistance attempt any thing against them But if he Challenged any right to the Kingdom of England let him be heard and what is just Granted unto him Upon which Word a [5] Ibid. n. 10. The Argâ—ments of Prince Lewis against King John and the Pope Knight stands up and Argues for Lewis against King Iohn and the Pope 1st That King Iohn as before had Destroyed his Nephew Arthur with his own hands and was therefore Condemned to Death by his Peers of France 2. Afterwards for many Murthers or Mansâ—aughters pro multis homicidis and other Enormities Committed in England he was by the Barons Rejected and not suffered to Reign over them 3. That without the Consent of his Barons he gave the Kingdom of England to the Pope and Church of Rome to take it again and hold it of them under the Annuâ—l Tribute of a Thousand Marks 4. Although he could not give away the Crown of England without the Consent of the Barons yet he might Quit it and Renounce his Right which so soon as he had done and resigned he Vnkinged himself and the Kingdom was void and the Vacancy of the Kingdom was not to be provided for without the Barons His claim to England whereupon they chose Lewis by reason of his Wife whose * Alienor second Daughter to King Hen. 2. married to Alphonso King of Castle was Mother to Blanch Lewis his Wife Mother the Queen of Castâ—le was the only child living of all the Sons and Daughters of the King of England These were the Arguments used by Lewis his Advocate against the Titles of King John and the Pope The Legat [6] Ibid. n. 20. The Popes Legat pleads for King John urged that King Iohn was signed with the Cross Cruce signatus erat or had undertaken the Crusado and therefore according to a Constitution of the General Council ought to be free from Disturbance for four years and under the protection of the Apostolic See Lewis his Advocate Answered That King Iohn before he was signed with the Cross had made War upon him taken his Castles and wasted his Countries with Fire and Sword and had taken many Knights and others which he then deteined in Prison and was then in actual War against his Master Lewis and therefore the War he intended against him was just The Legat [7] Ibid. n. 30. He is unsatisfied not satisfied with his Reasons forbad Lewis under pain of Excommunication to enter England and his Father to permit him to do it Lewis begged of his Father not to hinder his Design in prosecuting his Right for that he resolved to hazard his Life to obtein the Inheritance of his Wife and then departed from the Colloquium or Conference [8] Ibid. n. 40 and leaves the Court of France which the Legat observing desired safe passage from the King of France to the Seâ— which the King willingly granted through his own Lands but would not undertake to secure him if he should fall into the hands of his Son Lewis his friends that Guarded the Sea at which the Legat was Angry and departed from Court Lewis [9] Ibid. Lewis receives his Fathers Blessing on the Morrow after St. Mark went to his Father then at Mehun and beseeched him with Tears not to hinder his Design He gave him not his consent openly but privately permitted him to go and dismissed him with his Blessing He sent his Envoyes to the Roman Court to Declare to the Pope his right to the Kingdom of England And [1] Ibid. n. 50. and goes with his Army for England then with all Diligence Marched to Caleis with the Earls Barons Knights and others that had Sworn to go with him in this Expedition that he might come into England before the Legat. At that Port [2] Ibid. f. 282. lin 1. He Lands in the Isle of Thanet A. D. 12â—6 they found ready to receive them six Hundred Ships and
put the rest to flight The Citizens returned into the City meditating revenge and met in great Numbers Serlo the Major hearing of their tumultuous proceedings came to them and advised them to make their complaint of the injury they had received to the Abbat of Westminster and if he would punish the Offenders to take that for sufficient satisfaction Constantine a popular Citizen the chief Author of that Riot But Constantine a man very popular among them opposed this method telling them the Abbat and Steward deserved to have their houses pulled down and levelled with the ground This Counsel was approved of and executed by the rabble to the great prejudice of the Abbat When Hubert de Burgh the Justiciary had notice of these Ryotous proceedings he came to the City with some Troops of Soldiers and Commanded the Principal Citizens should with speed come to him of whom he inquired who were the Authors of this Sedition and Subverters of the Kings City His Answer to the Justiciary and who they were that thus dare presume to break the Kings Peace Constantine answered They had done less then they ought to have done and would stand to what they had done Adding The King had violated his Oath whereupon Lewis justly refused to perform what was covenanted between them When the Iusticiary heard this Confession he dismissed all but Constantine and his Nephew He is Hanged with two others and one Geofry that proclaimed Constantine's Edict whom he ordered to be hanged next day Morning When the Rope was about Constantine's Neck he offered 15000 Marks of Silver for Pardon but to no purpose When the Sentence had been pronounced without noise or the knowledge of the Citisens Falcasius with a Guard carried him by Water upon the Thames to the place of Execution After this * Ibid. n. 50. the Iusticiary and Falcasius i. e. Fawks de Breant with a considerable Guard went into the City and whosoever he found Guilty of the Sedition he imprisoned and caused either their Feet or Hands to be cut off and then set them at Liberty many fled for fear and never returned The King punisheth the City of London for the Riot And turns out the Officers and for a greater punishment to the City the Kings turned out all the City Magistrates and appointed new Prefects Governors or Officers in their place Rex in majorem vindictam omnes Vrbis Magistratus deponens novos in Civitate constituit Praefectos Not long after the King * Append. n. 147. Thirty Hostages given for the security of the City of London named Thirty persons to be Security and Hostages for the Good Behaviour preserving the Peace and faithful Service of the City of London The Vniversity or Community whereof bound themselves to the King by a Chart Sealed with their Commune Seal to deliver them or more to the King or Justiciary whenever they were called for and if any of them dyed to add others On the 29 th of January following the King * Append. n. 148. The King Lets the Office of Chamberlan of London at 100 l. per annum Let out to Farm to William Ionner Citisen of London the Office of Chamberlan of London with all things belonging to it for two years at One hundred pounds a year to be paid into the Exchequer Reserving to himself the Prizes or Customs of Grey Work that is Grey Cloth of Wax and Silk Cloaths to be delivered to the King for his own use by the Hand of the Farmer In the year 1223. the King kept his [5] Ibid. f. 316. n. 50. The Archbishop and great Men desire a Confirmation of their Liberties Christmass at Oxford A. D. 1223. and on the 13th of January met his Barons at London in a Parlement or Conference apud Lundonias veniens cum Baronibus ad Colloquium where the Archbishop of Canturbury and other Great Men Et alii Magnates Requested that the King would confirm the Liberties and free Customs Libertates liberas Consuetudines for which a War was made with his Father urging moreover that when Lewis departed from England both he and all the Nobility of the Kingdom had sworn to observe and cause to be observed those Liberties and therefore could not Râ—fuse to do it William Briwere one of the Kings Counsellors replyed That the Liberties they desired were violenely Extorted and therefore ought not to be observed The Archbishop in a Passion reproved him and said if he loved the King he would not hinder the Peace of the Kingdom The King [6] Ibid. f. 317. l. 3. seeing the Archbishop moved The King promiseth to preserve their Liberties assured them that he had bound himself by Oath to preserve their Liberties and what was Sworn should be observed And having called a Council he forthwith sent his Letters to all the Sherifs of the Kingdom to make inquiry by the Oath of Twelve Knights or Legal Men in every County And causeth Inquisition to be made what they were what were the Liberties in England in the time of King Henry his Grandfather and to make a return of them to London Fifteen days after Easter The Contents of the * Append. n. 149. The Writ of Inquiry directed to Twelve Knights c. Writ it self do in many things differ from this report of Mat. Paris by which the Sheriffs were commanded to make diligent inquiry by the Oaths of Twelve of the most legal and discreet Knights of their Counties in a full County Court what Customs and Liberties King John his Father had the day in which the War began between him and his Barons concerning Lands and other things within Burghs and without and cause them to be proclaimed and observed in their Counties and to cause the Inquisition and Writ to be returned to the King at Westminster on the Morrow of the close of Easter This year while William Mareschal [7] fol. 317. n. 10. Lewelin King of Wales takes two of the Marshals Castles The Marshal retakes them And kills 9000 Welsh Earl of Pembroke was busied in Ireland Leolin King of the Welch took Two of his Castles and put all to the Sword that he found in them and placed Welch-men in their room The Mareschal having notice of what was done returned with great speed into England and forthwith Besieged these Castles and retook them and cut off the Heads of all the Welch-men and then marched into Leolin's Countrey and wasted all before him with Fire and Sword Having totally defeated the Welch He took and slew about 9000 few escaping by flight After this the same Lewelin Prince of North-Wales acknowledged by his * Pat. 7. Hen 3. M. 2. dors Lewelin binds himself to give King Henry satisfaction for the damages done him Chart Sealed with his Seal and witnessed by many Bishops Earls and Barons That he had Sworn to give satisfaction to his Lord Henry King of England and his People within
But 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
King and Queen of Scots come into England to visit their Parents King and Queen of Scots came into England and gave their Parents a Visit at Woodstock from thence they came to London with a mighty Train so as both Courts were constreined to take two different Roads the whole Country being over-spread with the great appearance of Nobility Gentry and their Retinues On the 15th of the same Month when they came to London their reception was as great as their Retinue and Expectation by all Demonstrations of welcome in that City and Westminster The [6] f. 934. n. 10 20. The Priors and Convents of Durham and Giseburn opposed the Popes exaction Prior and Convent of Durham and the Prior and Convent of Giseburn stood out against the Knavish Obligation and Popes Suspension and would not bow their Knees to Baal licet omnes fere alii genua Baal incurvarunt But at last having none to assist them they submitted to the persecution of the Roman Court and Merchant Usurers This year on the 9th of October [7] f. 935. n. 40 50. Sheriffs of Counties Cited by the King to pay their Rents into the Exchequer the King came to the Exchequer while the Barons were sitting and with his own mouth pronounced that every Sherif that did not appear eight days after Michaelmass and brought his Money as well Farm-Rent as Amerciaments and other Debts should be amerced the first day five Marks the second day ten Marks the third day fiteen Marks and the fourth day he was to be grievously Fined if absenâ— quarta sit Redimendus si absens fuerit And the King pronounced the same thing against Cities that had Liberties And also â—ayliffs of Cities and answered at the Chequer by their own Bayliffs So as the fourth day they were to lose their Liberties if they appeared not as the Sheriffs were bound to appear And all the Sheriffs of England were Amercied each five Marks All that had ten pounds by the year forced to be Knighted because they did not Distrein every one that had ten pounds a year in their several Counties to come to the King and be Knighted but they obteined Respite of the King according to his Writs to them Directed The Bâ—shop of Ely being Dead [8] f. 936. l. 1. Henry de Wengham recommended by the King to be Bishop of Ely The Convent refuse him and choose Hugh Balesham the King by his Letters recommended Henry de Weingham the Keeper of his Seal to the Election of that Convent and sent special Messengers to that purpose The Convent complyed not with the Kings Request but chose Hugo de Balesham their Prior Bishop The King would not accept him and caused John Waleran to whom he had committed the Custody of the Bishoprick to cut down the Woods and Sell the Stock upon their Lands The Exactors or Vsurers being [9] Ibid. n. 10. The Church of St. Albans interdicted severe upon the Church of St. Albans about the Feast of Simon and Jude the 28th of October it was under Interdict fifteen days not that it wanted great privileges but that the Detestable Addition of non obstanâ—e annulled the pious Concessions and Authority of all the Holy Fathers Therefore the Convent rather chose to comply with an injust and violent Sentence than be Guilty of Contempt The [1] Ibid. f. 937. l. 4. The Welch take Arms and invade the English borders Welch having been injuriously used and the Government of their Country Sold to such as would give most for it and at length oppressed above measure by Geofrey de Langley Knight the Kings Exactor and Assessor of Taxes about the Feast of All Saints took Arms for the Defence of their Country and Laws and invaded the English Borders or Marches and destroyed the Tenents of Prince Edward whom as yet they had not acknowleged to be their Lord. He borrowed 4000 Marks of his Uncle Richard that he might raise such a Force as to repress their incursions and enter their Country to make Reprisals but the whole Winter was so wet and Stormy and the places whether the Welch had retired so Boggy and impassible that the English could not attempt them so that this Expedition proved ineffectual and the Princes Expences in vain About this Time [2] Ibid. n. 40 The Kings kindness to his Brothers the King commanded the Chancellor that he should not Issue any Writs which might be prejudicial to his Brother Richard or to Richard Earl of Glocester Peter of Savoy or any other of his Brothers which says the Monk was manifestly contrary to the Law and Peace of the Kingdom Quod manifestè patet esse omni Juri paci Regni contradictorium The [3] n. 40 50. Several ways made use of by the King to raise money King at the same time being necessitated for Money forced such as he thought fit to be made Knights or Fine to be excused he also caused all such as neglected their Suits to Courts to be severely Amercied and Taxed all Lands that held in Serjeanty He also caused Inquiry to be made into Liquid Measures of Wine and Ale and dry measures of Grain as Gallons and Bushels and also into Weights and grievously punished those whose Measures and Weights answered not the Standard by which means he raised much Money but lessened the Affections both of Clergy and Laity towards him Yet this course could not preserve him from extream poverty for he had [4] Ibid. f. 938. lin 1. c. The Kings great Debts borrowed so much Money of the Popes Merchant-Vsurers for the promotion of his Son Edmund to the Kingdom of Sicily That the Interest and Penalties for non-payment of it amounted to an hundred pounds a day At Christmass [5] Ibid. f. 939. n. 50. Earl Richard elected King of the Romans in the year 1257. The King was at London A. D. 1257. where came to him several of the Great Men of Germany who Declared That Richard Earl of Cornwal was rightfully chosen by unanimous Consent King of Almain or of the Romans Fifteen days [6] Annal. Burton f. 376. after Easter the King held a Parlement at Westminster to Treat of the * The same with that of Sicily Business of Apulia in which the Arch-Bishop of Messina was present and then and there the King received the same Answer from the Clergy and Laity he had the year before From this Parlement Earl Richard went towards Germany He was at [7] Ibid. f. 377. He goeth to Germany and is Crowned King at Aken Yarmouth and took Ship there with all his Retinue on the Sunday after St. Mark and upon Tuesday following being the first of May he landed at Dort from whence on Ascension-day he came to Aken and on the same day was Crowned King and his Countess Queen of the Romans with great splendor in the presence of the Arch-Bishops of Colon Ments and many Earls Barons and
that had a mind to go beyond sea should have Pass-ports On the 20th day of [2] Append. n. 207. March the King was at Oxford and impowered the Bishop of Coventry and Nicholas Archdeacon of Norfolk on the behalf of him and the Barons with him to treat with Simon Montfort and the Barons with him at Brackly before John de Valencinis about establishing a firm Peace but whether they ever treated or what was the effect of the Treaty I find not To the King at [3] Paris f. 993. 40 50. f. 994. lin 1 c. Northampton taken by the King and Prince Edward Oxford came his son Edward where they united their forces and marched toward Northampton where then were a Considerable part of the Barons forces They made a Breach in the Town Wall and took it by assault upon the Sunday before Palm Sunday in it he took fifteen Bannerets Milites vexilliferos or as [4] F. 385. n. 30. Mat. of Westminster Barones vexilliferos besides forty Ordinary Knights which were imprisoned in several Castles and their names are to be found in Paris From hence the King [5] Paris f. 994. n. 10 20. His success against several places marched to Notingham increased his Army and laid waste the Lands of his Enemies The Earl of Leycester marched toward London with design to go and besiege Rochester Castle which John de Warenna defended It was in some distress but the King came very opportunely to the relief of it Montfort left Forces sufficient to keep in those within the Castle and advanced toward the King who left London and marched toward Kingston Castle which belonged to the Earl of Glocester and took it and from thence went to Rochester and killed many of those Simon Montfort had left there and caused the rest to flee From thence he marched to Tonebridge and took in that Castle and from thence to Pevensey where he received into favour the Barons and Officers of the Five ports Vbi portuenses ad pacem receipt And from thence proceeded to Lewes where he was received in the Priory and his Son in the Castle where the Barons wrote to him Professing [6] Ibid. n. 20. The Barons Letters to the King to observe their oath and fidelity to him and desiring that he would not believe the lies many about him told of them affirming they put themselves into Arms not only against their own but his Enemies and the Enemies of the whole Kingdom Sealed by the Earls of Leycester and Glocester at the Request of the others of the Faction To which the King returned [7] Ibid. n. 30. The Kings the Answer That they were the cause of all the War Destruction Rapine and Misery that had befaln the Nation That their Intentions were not according to their Profession nor their Actions according to their Pretences and therefore defied them This Answer was dated at Lewes May 12th 48 of Hen. 3d 1264. In like manner [8] Ibid. n. 50 and f. 995. lin 1. Richard King of the Romans defieth the Barons Richard King of Romans Prince Edward and all the Barons and Knights that adhered to the King charged them with lies and defied them but withal provoked them to stand to the Judgment of the Kings Court to which they were ready to submit and make their Innocence appear These Letters were dated the same day After this the Barons sent Henry Bishop of London and Walter Bishop of Worcester their [9] Ibid. f. 995. n. 10. The Barons Offer to the King Mediators for peace to the King and offered for damages done by them through the Kingdom 30000 l. so that the Statutes of Oxford might stand good The King not accepting their offer they March towards Lewes The King refuseth their Offer where he then was who hearing of their coming advanced toward them [1] Ibid. n. 30 40 50. The Battel at Lewes The Battel being joyned Prince Edward ingaged the Londoners and beating them made too great a pursuit so that before his Return the other part of the Kings Army was Routed and his Father having his Horse [2] Ibid. f. 996. lin 1. The King and his Brother Richard taken prisoners killed under him was with Richard King of Almain taken prisoners and many other Barons and many slain But still the Castle of Lewes making a stout defence against the Barons at which the Prince took Courage and rallied [3] Ibid. n. 10. his Forces with design to try the fortune of another Battel which Montfort and his Confederates perceiving sent Messengers for Peace promising the next day they would effectually treat of it which was done by the [4] Mat. Westminster f. 393. n. 40. Montfort refers himself to the King of France to make a peace Mediation and Intercourse of Friers Minors between both parties and the Issue was this That they should apply themselves to the King of France and procure him to choose three Prelates and three Noblemen of France which six should nominate two French men who coming into England should choose a third person an Englishman which three should determine all Controversies between the King and Barons and order all things concerning the State of the Kingdom and for the [5] Ibid. n. 50. performance of this they were to take their Corporal Oaths on both sides and an Instrument was so to be made of it sealed with the Kings Seal and the Seals of others and that the Eldest Sons of both Kings should be delivered Hostages for the Security of this Agreement which was called the Mise of Lewes And so the King committed himself to his Enemies The King was to commit himself to his Enemies Prince Edward and Prince Henry delivered Hostages and they carried him to Canterbury and sent the Hostages Prince Edward and Henry Son to the King of Almain to Dover Castle and so came to London and sent Richard King of Almain to the Tower and their other Prisoners taken in that Battel to several Castles to be imprisoned * Ibid. f. 394. lin 2. And then plundered and spoiled all those that faithfully adhered to the King or that at any time had served him as well Clercs as Laics of all their moveable Goods This Battel was [6] Mat. Westm f. 387. lin 5. fought May the 14th and on the 17th of the same Month the King sent his [7] Append. n. 208. Writ to Drogo de Barentin Constable of the Castle of Windsor to Release Simon Montfort Son to the Earl of Leicester and Peter Montfort Senior according to the Agreement made between him and the Barons who had been taken at Northampton and Committed to him by his Son Edward After the same manner he wrote to William la Zouthe to deliver Peter Montfort the younger and to Iames Aud â—heâ—ey or Audley to deliver Robert Montfort his Brother both Sons of Peter Montfort On the 28th of May [8] Append. n. 209. Montforts Son made
nor sent and of all such as depart without his Licence and keep them safe until further Order On the 24th of September the King [3] Pat. 48 Hen. 3. M. 3. Dors. wrote to the Sheriff of Oxford and Buckingham Shires to Command and Injoyn all Knights and Free-tenants in his Bailywic that were able to bear Arms and had Lands to the value of an Hundred Shillings or Ten Pounds a year under the penalty of losing all the Lands and Tenements they held in the Kingdom that they should come to him in their proper Persons with Horse and Arms where-ever he was in England in all haste to oppose the Strangers that were to come from beyond Sea who were to be furnished with Money for their Expences in the Army until Three Weeks after Michaelmass and the Sheriffs were to provide for the Expences of such as were not Able by taxing the County and also for the Expences of the Foot Matthew Westminster [4] f. 385. n. 10. What the King of France thought of the English says That almost all France as far as the Alps by the Instigation of the King of France Peter Earl of Savoy Boniface Arch-Bishop of Canterbury and the Elect of Lyons and other of the Queens Relations was in great Indignation with the English that behaved themselves Seditiously toward and Traiterously opposed their King which might raise a Suspicion in them of the Inclinations and willingness of those People to Assist the King but speaks not of any Shipping provided or Forces raised there to reduce them to Obedience Though the [5] Paris f. 996. n. 40 50. A. D. 1265. 49th Hen. 3. King was in the Custody of the Earl of Leicester and under his Power Richard King of Almain Prisoner in the Tower and their two Eldest Sons Prisoners and Hostages in Dover Castle Some Loyal Barons take up Arms against Montfort Yet there remained in the Marches of Wales several Stout and Loyal Barons Roger Mortimer Iames Audley Roger de Leyburn Roger de Clifford Hamo L'estrange Hugh Turbervile and many others being much troubled at the Usage of the King and Prince with one Consent took Arms against the Earl of Leicester They brake down the Bridges upon the River Severn and secured themselves in the Borders of Wales on the West side of it To Reduce these [6] Mat. Westm f. 389. n. 40 50. Montfort carries the King with him to oppose them Assumpsit secum Regem Henricum quem habuit adeo acclivem c. Montfort carried with him the obsequious King made so by Threats and marched with a great Army to Worcester And having his Fast Friend Leolin Prince of Wales to come upon the back of them they were forced to make a Peace on Condition they should leave the Nation for a year and deliver up their Castles to Leicester The Barons constreined to deliver up their Castles to him To which Terms they the more readily consented that Prince Edward might be freed of his Imprisonment by this Means Leicester became possessed of almost all the Castles upon the Marches from Bristol to Chester which City and Castle with the Earldom and Honour and the Appurtenances Prince Edward granted to him [7] Pat. 49 Hen. 3. M. 6. He made a plentiful provision for himself and Family under pretence of an Exchange before his Liberty could be Treated of which Grant was Confirmed by the King on the 20th of March following and also the [8] Cart 49 Hen. 3. M. 4. Castle and Honour of Peâ— the Castle and Town of Newcastle Underline in Staffordshire were then granted with them to him and his Heirs And now all things being quiet in the [9] Mat. Westm f. 390. lin 7. Marches of Wales the King went toward Woodstock to keep his Christmass there And the Earl Fortune favouring him in all things he had contrived celebrated the same [1] Ibid lin 9. He Governs and Orders every thing in the Kingdom Feast at his Castle of Kenelworth At this time all England but the utmost North Parts of it which as yet held out against him by the Instigation of the King of Scots and John Baliol was subject to him [2] Ibid n. 10. The King only as a Shadow and always under a Guard all things were ordered by him all the Kings Castles were put into his hands Nor was the King that had now Reigned near fifty years any more than a Shadow so that he could not walk in his own Land without a Keeper and Guard and under the total Disposition of some other person And his [3] Ibid. f. 394. n. 30. Who were his Keepers Keepers usually were Montfort's Sons Hugh D'espenser and John Fitz-John the Earl of Glocester being excluded from the Custody of him whom they only feared as able to break this Confederacy They divide the Kings Castles and Forts among themselves All the Kings Castles and strong Forts of the Kingdom they divided amongst themselves and made the Kings capital Enemies Officers of his House There was also at this time much Discourse of [4] Ibid. n 40. Prince Edward purchaseth his Liberty Releasing Prince Edward which had continued almost a year until he had given him for his Liberty of being a Prisoner only at large the Earldom of Chester And for this [5] The Writ of Summons Cause chiefly and to Treat of some other Difficult Matters of the Kingdom was the famous Parlement of the 49th of this King called the first [a] Though the Keepers of the Peace in each County had Writs directed to them to send four Knigâ—tâ— to that Convention called a Parlement in June 48th of this King yet that was not a Parlement according to this Method and the Usage afterward for there was neither Citizens nor Burgesses nor any to Represent the Chapter of Cathedral Churches or the Ordinary Clergy and without doubt these four were of the Number of the small Barons or Tenants or Community in Capite and called to Represent them to give the more Credit to the Traiterous Ordinance then made Pattern of our Parlement since that time or from the eighteenth of Edward the First For the History whereof how it was summoned why called and the old way of Parlements at this time changed I refer the Reader to my Answer to Mr. Petyts Book of the Rights of the Commons asserted in my Introduction to the Old English History from fol. 136. F. to fol. 143. D. But Prince Edwards Release could not be agreed upon in this Parlement whatever other Business might be dispatch'd for there was another Treaty about it with the Great Men upon [6] Pat. 49 Hen. 3. n. 100. Thursday the morrow of Ash-Wednesday and the Discharge from the King to Henry Montfort his Keeper for the [7] Append. 219. Prince Edward still a Prisoner at large Receipt of his Body bears Date 10th of March and when he was released out of Dover Castle he
words were not in it Defraud and Wrong any Church or Religious place of their Liberties Goods and Possessions let them be admonished by the Ordinary of those places where such Judgment is given that such a Sentence will be to the Churches prejudice And if they do refuse to harken to such Admonitions let them be Excommunicated and Interdicted 13. If the King his Great Men or any Capital Lords or their Heirs who have been Founders or Benefactors to Religious places shall Distrein any Ecclesiastical Person because he doth not Suit or Service to their Secular Courts let them be proceeded against by the aforesaid Ecclesiastical Censures 14. If any Lay-Lord do hinder the Ordinary from distributing the Goods of any one that died Intestate either for the payment of his Debts or for the Maintenance of his Children or Parents or for Pious and Charitable Vses let him be Excommunicated And also such as hinder [*] That they might not be hindered to give to the Churchmen and Monasteries Villans from making their Wills The King [4] Append. n. 230 â—31 wrote to the Pope to revoke these Provisions and Constitutions as being made to the great Prejudice Hurt and Damage to the Rights of his Crown and Kingdom and appointed two Proctors to transact this Affair with the Pope But with what Effect I cannot say but do believe they might be revoked because I find them not put in practice Taxes in this Kings Reign THe Parliament called at Northampton Matt. Paris fol. 322. lin 3. 9 Hen. 3. A. D. 1224. in the Octaves of Holy Trinity 1224. granted the King two Shillings of every Plough Land and the King granted to the Great Men Scutage two Marks Sterling of every Knights Fee The Parliament called at Westminster at Christmass 1224. granted the King a Fifteenth of all Moveables 9 H. 3. fol. 323. n. 10. A. D. 1224. Fol. 324. n. 40 as well of the Clergy as Laity of the whole Kingdom for the Grant or Confirmation of Magna Charta One half of this Fifteenth was Collected foon after Easter and the other half was to be gathered Michaelmas following A fortieth part of Moveables granted 16 H. 3. A. D 1224. A. D. 1226. the 11th of Henry the Third Pat. 11 â— 3. m. 11. A. D. 1226. he wrote to the Bishops and Clergy to give him a Fifteenth of all their Moveables as the Bishops and Clergy of England had then done King Henry compelled the Citizens of London to pay him Five thousand Marks 12 H. 3. A. D 1227. fol. 33â— n. 10 20. because they had given so much to Lewes late King of France when he left England and levied a Fifteenth At the same time he took for an Aid from the Burgesses of Northampton Twelve hundred pound besides one Fifteenth He likewise forced all Religious and Beneficed Clerks to pay a Fifteenth as well out of their Spirituals as Temporals and they which were unwilling to pay were compelled either by the Kings Authority or Ecclesiastical Censures Soon after the Religious and others had notice 12 H. 3. ibiâ— n. 40. that unless they renewed their Charters the old ones should be of no advantage to them and for the renewing every one paid according to his Faculty at the Justiciaries Discretion In the year 1230. Arch-Bishops Bishops Fol. 365. n. 1â— 15th H. 3. A. D. 1230. Abbats and Priors gave a great sum of Money for recovering his Rights beyond Sea At the same time he put the Citizens of London to a grievous Redemption and forced the Jews to pay the third part of what they were worth In the year 1231. the King required a Scutage of three Marks of every Knights Fee of all that held Baronies 16 H. 3. fol. 367. n. 50. A. D. 1231 as well Laics as Prelates It was opposed by the Arch-Bishop of Canterbury and some other Bishops but agreed to by all others On the 14 of September in a Parliament held at Lambeth A. D. 1232 17 H. 3. foâ— 377. n. 5. aâ— fol. 380. n. a fortieth part of all Moveables as well of Ecclesiastics as Laics was granted to the King and was Collected the latter end of October following A. D. 1235. 20 H. 3 fol. 417. n 30. A. D. 1235 He took two Marks of every Plough Land at the Marriage of Isabel his Sister to Frederic Emperour of Germany and gave with her Thirty thousand Marks Quaere Whether this was not the same which was granted Pat. 20 H. 3. m. 8. n. 12. That Tax was two Marks upon a Knights Fee Claus 21 H. 3. m. 1. and m. 21. Dors. There was at the same time a Thirtieth of Moveables granted by the Bishops and Lay Great Men. Cl 21 H. 3. m. 1. and m. 21 and 22. Dors. A. D. 1236. A. D. 1236. 21st of Henry the Third he sent into Ireland to the Bishops and Great Men there and propounded the Example of the Bishops and Great Lay-men of England who had given him Scutage two Marks of every Knights Fee for the Marriage of his Sister to the Emperor of Germany and a Thirtieth part of their Goods Pat. 20 H 3. m. 8. n. 12. A. D. 1236. Scutage two Marks of every Fee granted by Arch-Bishops Bishops Abbats Priors and other Ecclesiastical Persons c. 'T is very probable this was the same Scutage which was given for the Marriage of his Sister to the Emperor F. 435. n. 10. 21 H. 3. A. D. 1237. A. D. 1237. A Thirtieth part of all Moveables was granted to the King A. D. 124â— Fol. 595. n. 30. and 597. n. 20. In the year 1242. about Michaelmas the King required Scutage three Marks of every Knight through all England So Paris but as others only twenty Shillings Fol. 643. n. 20. A. D. 1244. In a Council held at London three Weeks after Candlemass twenty Shillings of every Knights Fee was granted to the King for the Marriage of his Eldest Daughter one half to be paid at Easter the other at Michaelmass following A. D. 1253. 37 H. 3. Par. f. 866. m. 20 30. The Clergy grant the Tenth of Ecclesiastical Revenues for three years and the Nobility or Knights three Marks of every Knights Fee for the relief of the Holy Land upon his Confirmation of Magna Charta A. D. 1â—67 Cart. 51 Hen. 3. m. 10. Cedula Three years Tenths of all Church Revenues granted to the King by the Pope A. D. 1270. Cl. 54 Hen. 3. m. 11. Dors. A twentieth part granted to the King Ireland and Irish Affairs KIng Henry by his Counsellors in the [1] Appâ—… n. 227. first year of his Reign he being then but nine years old or by William Marshall his Governor to gratifie the * The Enâ—… Irish King Johâ—… Charter oâ—â—â—â—berties grâ—â—ed to the Irish Irish for their firm Loyalty to his Father and himself Granted out of his special Grace that they and their heirs for
de Pistes Herbertus filius Remigii Willielmus filius Richardi Robertus filius Rolf. Goscelinus de Rivere Wido de Reinbodcourth Reinbaldus Heraldus filius Radulfi Comitis Rogerus filius Radulfi Osbernus filius Ricardi Richardus Rainaldus Restoldus Robertus filius Roscelini Rogerus filius Reinardi Rohais Vxor Ricardi Raynerius Roger. de Ramis S EDwardus de Sareberie Willielmus filius Stur Robertus de Stadford Radulfus filius Scifrid Hugolinus Stireman Ricardus Sturmie Willielmus de Scoies alias Scohies Osbernus de Salceid Hardvinus de Scalers Gislebertus filius Salomonis Willielmus Speck Walterus frater Seiherii Siboldus Nigellus de Stadford Saisselinus Hugo de Sancto Quintino Stanardus Starcolfus Swain Sortebrand Sanctus Stephanus de Cadamo Eudo filius Spirwic Regis Servientes T HEnricus Thesaurarius Durandus Tonsor Radulfus de Todeneio Gislebertus filius Turoldi Judahel de Todenais Robertus de Todeneio Richardus de Todeneio Radus Tailebosch Berengarius de Todeni Turchillus Ilbertus filius Turoldi Gislebertus Tisun Ivo Tailebosch Willielmus Tailebosch Filia Radi Tailebosch Azelina Vxor Ejus Adelina faemina Ejus Ricardus de Tunbridge Tovi Tonnus Ricardus filius Turolfi Oswaldus Theodericus Regis Taini V WAleranus Venator Croc Venator Ainulfus Vicecomes Swain Vicecomes Haimo Vicecomes Baldewinus Vicecomes Durandus Vicecomes Humfridus vil de Leci Albericus de Ver. Petrus Valoniensis Bertram de Verdono Robertus de Veci vel Vesci Walterus Vernon Vlchetellus Vlmarus Vlveva Vinemarus Vxor Hugonis Vxor Rogeri de Luri Vxor Radulfi Capellani Vxor Hervei de Helion Vxor Geri Willielmus de Verci Regis Valvasores Robertus de Verli W WIllielmus de Warrenna Willielmus filius Widonis Ranulfus de Sancto Walerico Walterus de Sancto Walerico Aluredus Nepos Wigoti Johannes filius Walerani Willielmus Osbernus filius Walteri Winemarus Goisfridus de Wirce Turchillus de Warwice Robertus filius Willielmi Johannes Nepos Walerani Willielmus de Watevilla Walterius Odo de Wirecestre For further satisfaction any man may compare this Alphabetical Catalogue with the Catalogue of all the Tenents of all the Towns Parishes and Lands described in every County as they are placed first in each County and have their Titles in the Survey it self according to their respective Number whereby he will find That these were all the Tenents in Capite or that held in Serjanty of King William the First and that they held all the Lands in England of him by immediate and others of them by mediate Tenure Charta Regis Willielmi Primi qui secernit placita Ecclesiastica à Causis Civilibus W. Dei Gratiâ Rex Anglorum R. Bainardo G. de Magnavillâ N. 11 Spelm. Co◠vol. 2. fol. ◠A. D. 10◠P. de Valoines caeterisque meis fidelibus de Essex Hertfordschire de Middlesex salutem Sciatis vos omnes caeteri fideles mei qui in Anglia manent quod Episcopales leges quae non bene nec secundum Sanctorum Canonum praecepta usque ad mea tempora in regno Anglorum fuerint Communi Concilio Concilio Archiepiscoporum Episcoporum Abbatum omnium Principum Regni mei emendandas judicavi propterea Mando regia authoritate praecipio ut nullus Episcopus vel Archidiaconus de legibus Episcopalibus amplius in Hundret placita teneant Nec causam quae ad regimen Animarum pertinet ad judicium Secularium hominum adducant Sed quicunque secundum Leges Episcopales de quâcunque causâ vel culpâ interpellatus fuerit ad locum quem ad hoc Episcopus elegerit nominaverit veniat ibique de causâ vel culpâ suâ respondeat non secundum Hundret sed secundum Canones Episcopales leges rectum Deo Episcopo suo faciat Si vero aliquis per superbiam elatus ad justitiam Episcopalem venire contempserit noluerit vocetur semel secundo tertio Quod si nec sic ad emendationem venerit excommunicetur si opus fuerit ad hoc vindicandum fortitudo Justicia regis vel Vicecomitis adhibeatur ille autem qui vocatus ad Justitiam Episcopi venire noluerit pro unaquaque vocatione Legem Episcopalem emendabit Hoc etiam defendo mea authoritate interdico ne ullus Vicecomes aut Praepositus seu Minister Regis nec aliquis Laicus homo de Legibus quae ad Episcopum pertinent se intromittat Nec aliquis laicus homo alium hominem sine Justiciâ Episcopi ad judicium adducat Judicium vero in nullo loco portetur nisi in Episcopali sede aut in alio loco quem Episcopus ad hoc construeret Willielmus Dei Gratia Rex Anglorum tam Clericis quam Laicis N. 12 per Angliam constitutis salutem Ibid. fol. ◠Notum sit vobis me concessisse confirmâsse assensu Lanfranci Archiepiscopi Cantuariensis Stigandi Episcopi Cicestrensis Concilio etiam Episcoporum ac Baronum meorum ut Ecclesia Sancti Martini de Bello quam fundari ex voto ob victoriam quam mihi Deus in eodem loco contulit libera sit quieta in perpetuum ab omni servitute omnibus quaecunque humana Mens excogitare possit cum omnibus dignitatibus consuetudinibus regalibus quas ei regali authoritate concessi sicut Chartae meae testantur Volo itaque firmiter praecipio quatenus Ecclesia illa cum Leugâ circumquaque adjacente libera sit ab omni Dominatione Oppressione Episcoporum sicut illa quae mihi coronam tribuit per quam viget Decus nostri regiminis Nec liceat Episcopo Cicestrensi quamvis in illius Dioecesi sit in Ecclesiâ illâ vel in Maneriis ad eam pertinentibus ex consuetudine hospitari contra voluntatem Abbatis nec Ordinationes aliquas ibidem facere nec Abbatiam in aliquo gravare sed neque super illam Dominationem aliquam aut vim vel potestatem exerceat sed sicut Dominica mea Capella libera sit omnino ab omni exactione Ad Synodum vero Abbas ire non summoneatur nec compellatur nisi propria voluntate pro aliquo negotio ire voluerit Nec Monachos suos ubi sibi opportunius viderit ad sacros ordines promoveri facere prohibeatur Nec Altarium Sacrationes Confirmationes vel quaslibet Episcopales benedictiones Abbatis vel Monachorum requisitione à quolibet Episcopo ibidem libere fieri ab aliquo contradicatur Hoc etiam regali authoritate Episcoporum Baronum meorum attestatione constituo quatenus Abbas Ecclesiae suae Leugae circumjacentis per omnia Judex sit Dominus Defuncto Abbate de âdem Ecclesia Abbas eligatur nisi forte quod absit ibidem idonea persona reperiri non possit Hanc Constitutionem meam sic voto regali authoritate confirmatam nullus successorum meorum violare vel imminuere praesumat Quicunque igitur contra libertates vel dignitates ejusdem Ecclesiae
manum Domini Rothomagensis tradenda custodiae Willielmi Marescalli Willielmi de Wendewal sciliceâ— Willielmo Marescallo castellum de Notingham Willielmo de Windeval castellum de Tikehil qui praedicta castella ad honorem fidelitatem domini Regis usque ad reditum ejus praestito juramento custodient cum redierit ad suam inde voluntatem operabuntur Et si forte Dominus Rex quod absiâ— in hac peregrinatione sua decesserit praedicta castella praedicto Comiti sine ulla detentione dilatione reddent Et si forte dominus Cancellarius interim erga praedictum Comitem excesserit excessum ad consilium considerationem praedicti Domini Rothomagensis aliorum familiarium Domini Regis Curiae suae requisitus emendare sine dilatione noluerit praedicta castella praedicto Comiti reddent restituent Sed alia castra de honoribus à Domino Rege sibi datis quae fidelibus Domini Regis tradita sunt custodienda scilicet domino Rothomagensi castrum de Wallingforde Domino Londoniensi castrum de Bristou Domino Coventrensi castrum del Pec Richardo del Pec castrum de Bâ—llesoâ—res si Richardus recipere noluerit dominus Covenâ—rensis recipiet Waltero filio Roberto castellum de Epa Comiti Rogero Bigoth castellum de Hereford Richardo Revel castellum de Exonia de Lanstavetun qui similiter fidelitatem Domini Regis de ipsis ad opus ipsius fideliter custodiendis si forte decesserit quod Deus avertat Domino Iohanni reddendis juraverunt Sed tria castella ad coronam Domini Regis pertinentia scilicet castellum de Windesoure Comiti de Arundil castellum de Wintonia Gilberto de Lasci castellum de Northampton Simoni de Pateshille tradita sunt custodienda qui fidelitatem Domini Regis de ipsis ad opus ipsius fideliter custodiendis juraverunt Sed concessum est quod Episcopi Abbates Comites Barones Vavassores libere tenentes non ad voluntatem Iusticiarum vel ministrorum Domini Regis de terris caballis suis dissaisientur sed Iudicio Cutiae Domini Regis secundum legitimas consuetudines assisas regni tractabuntur vel per mandatum Domini Regis Et similiter Dominus Iohannâ— iâ— sua terra faciet observari Et si quis aliter facere praesumpserit ad petitionem praedicti Comitis per Dominum Rothomagensem si in Anglia fuerit per Justicias Domini Regis per eos qui pacem juraverunt emendabitur similiter Dominus Iohannes ad petitionem eorundem emendabit Nova castella post transfretationem Domini Regis ad peregrinationem suam facienda vel inchoata vel perfecta delebuntur nec alia usque ad reditum Domini Regis nova firmabuntur nisi in Dominicis maneriis Domini Regis si opus fuerit vel ad opus alicujus nominatae personae per praeceptum Domini Regis factum per literas vel per certum nuncium Resaisina vicecomitatus Lincolniae fiet Girardo de Camvilla eadem die dies ei conveniens praefigetur standi in Curia Domini Regis ad judicium quod si contra eum monstrari poterit quod judicio Curiae Domini Regis vicecomitatum castelli Lincolniae perdere debuerit perdat sin minus retineat nisi interim alio modo pax inde fieri possit Nec dominus Iohannes ipsum contra juvicium Curiae Domini Regis manu tenebit nec uthlagos vel inimicos Domini Regis qui ei fuerint nominati receptabit nec in terris suis receptari permittet Sed si quis retatus fuerit de aliquo forisfacto Domino Regi facto bene licebit Comiti ipsum in terris suis receptare quam diu ipse obtulerit se staturum ad rectum in Curia Domini Regis Hanc ergo pacem bona fide sine malo ingenio tenendam servandam propriis manibus affidaverunt in manu Domini Rothomagensis praedicti Comes Cancellarius quatuordecim Barones ex utraque parte juraverunt Scilicet ex parte Cancellarii Comes de Arundel Comes de Salesbiri Comes Rogerus Bigot Comes de Clare Walterus filius Roberti Willielmus de Braosa Rogerus filius Rainfrai et ex parte Comitis Stephanus Ridel Cancellarius Willielmus de Wennevat Robertus de Mara Philippus de Lurescestre Willielmus de Kahannes Gilbertus Basset Willielmus de monte acuto Et si quid infra Treugas captum fuerit aut interceptum ab utraque parte legitime reddetur emendabitur Et haec facta sunt salva in omnibus auctoritate et mandato Domini Regis Ita tamen quod si Dominus rex ante adventum suum hanc concordiam teneri noluerit praedicta castella de Notingham Tikehil Domino Iohanni reddentur quicquid Dominus Rex inde praecepit BE it known unto all Men unto whom this present Writing shall come That the Controversie between the Earl of Moreton and the Chancellor by the Mediation of the Arch-Bishop of Roven the Bishops of Durham London Winchester Bath Rochester and Coventry and other of the Kings Liegemen was compounded upon these Terms That the Castles of Notingham and Tikehill which the Earl had taken should be restored to the Arch-Bishop of Roven for the Kings use and that Notingham should be kept by William Marshall and Tikehil by William Wendeval until the Kings Return and then they were to be disposed of according to his Direction But if the King should die in his Peregrination Then the Castles were to be re-delivered to the Earl without delay And if the Chancellor shall offend against the Earl and will not mend his offence according to the advice and Judgment of the Arch-Bishop of Roven and other the Kings Servants et aliorum familiarium Regis That is the Justices and of his Court Then without Delay those Castles shall be Restored to him Also the other Castles belonging to the Honors give him by the King which were in the keeping of the Kings Liegemen That is Wallingford in the custody of the Arch-Bishop of Roven Bristou of the Bishop of London The Castle of Pec of the Bishop of Coventry Bâ—lsover of Richard del Pec. The Castle of Ey of Walter Fitz-Robert The Castle of Hereford in the Custody of Earl Roger Bigod The Castles of Ecester and Launceston of Richard Revel who were all sworn to keep them faithfully to the Kings use and if he should die to render them to Earl John Also the three Castles belonging to the Kings Crown Windsor was to be delivered to the Earl of Arundel The Castle of Winchester to Gilbert de Lacy and Northampton to Simon Pateshul faithfully to be kept for the Kings use Also it was agreed that the Bishops Abbats Earls Barons Vavassors that is Knights and Free Tenents should not be Disseised of their Lands or Goods at the pleasure of the Justices or Kings Ministers but by the Judgment of
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-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
in the Kings Mercy and were not amercied or fined Of Incroachments upon the Kings Lands his High-Ways diverting or stopping Water-Courses incroaching upon Streets in Cities and Burghs c. Purprestures or the Kings Ways streightned Of Treâ—sure found Of Malefactors and their Receivers Of Fugitives who had been accused and were returned since the last Assise Of all Weights and Measures and Ells renewed and if See the Statute oâ— Assise of Weights and Measures before Four Men that were appointed to look after them in every Town that is City Burgh or Mercate Town had done as the Statute required and had attached or prosecuted the Transgressors or not if not they were to be punished as the Transgressors All his Wine that sold contrary to the Assise or Statute was to be seised to the Kings use and the Owners and Sellers of the Wine were to be in the Kings Mercy that is to be punished by him They were to inquire how many Hydes and Plough-Lands there were in every County and whether the Officers appointed to assess and collect the five Shillings upon every Plough-Land had done their duty and had received it of all or concealed any Of the Officers of Sea-Ports if they had received any thing they had not given an account of or taken any thing for concealing the Kings Right or if any one had received any thing that was not appointed a Receiver They were to inquire if all came as they ought that were summoned by the Kings Justices and what they were that came not and what their Names Before Hoveâ— f. 445. b. â— 30.40 this Iter or these Circuits of the Justices were over the Iter or Circuit of the Forests began The King commanded Hugh Nevill Chief Justice of All the Forests in England Hugh Wac and Ernis Nevill That in every County through which they went They should Summon to appear before them at the Pleas of the Forest the Archbishops Bishops Earls Barons and all Free Tenents and the Reeve and Four Men of every Town to Hear the Kings Commands This is the Assise of the Lord the King and these are his Precepts concerning his Forests in England made by the Assent and Advice of the Archbishops Bishops Earls Barons and Knights of the Whole Kingdom THe King Declares That if any one forfeits to him concerning his Venationem Venaison Fren. Venison Engl. Venison or his Forests in any thing he is not to trust to this That he shall only be punished in his Goods as hitherto For if after that time any one forfeited and was Convicted he should have full Justice done upon him as it was in King Henry his Grandfathers time That is he should Lose his Eyes and Testicles Also the King forbids that any one have Bowes and Arrows or Hounds or Greyhounds within his Forests unless he had the Kings Warrant or the Warrant of any other that was of right able to protect him Also the King forbids That no man give or sell any thing to the Destruction of his Wood nor do Wast in his Forest But he Grants that any Man may take of his own Wood as much as he shall have need of without wast and this by the oversight of his Forester and Verders Also the King Commands that they who have Woods within the Bounds of the Forest do set good Forestarios must be so translated here and the word will bear it for Foresta in a strict fence signifies Silva Saltus c. Woodmen to look after them and such as they will be answerable for or such as can give security to make satisfaction if they offend in any thing that belongs to the King Also he Commands that his Foresters take care of the Woodmen of Knights or others which have Woods within the Bounds of the Kings Forest that they do not destroy the Woods For if their Woods were destroyed he let them know whose Woods they were he would take satisfaction of their Lands and not from any other Person Also the King Commands that his Foresters shall Swear that according to their whole power they shall keep his Assize or Law which he hath made concerning his Forests and that they shall not vex or trouble the Knights or Worthy men about what he granted them concerning their Woods Also he Commands that in every County wherein he hath Venison there shall be twelve men appointed to preserve his Venison and Viride that is the Green-Wood and Herbage of the Forest Green-hue in his Forests And that there shall be Four Knights appointed to Agist his Woods that is take in a certain number of Cattle to feed there a certain time or to assign the number of Cattle to such as had right to feed in the Forest and to Receive his Pasnage or Pannage that is the money due for such feeding and to preserve it that it should not be diminished Also he commanded no man might agist his Woods that is put their cattel into them within the bounds of his Forest before their own Woods were agisted And it is to be noted that the Kings Agistment or right of feeding Catrel in the Woods and Forest begins fifteen days before Michaelmass and continues fifteen days Here must be some mistake but how well to rectifie it I know not after Also the King Commands That if his woods that were in his own hands or in Demeasn were destroyed and his Forester could not tell how his Body should be Imprisoned Also he commanded that no Clerc should offend concerning his Venison or Forests and that if his Foresters found them offending they should take them and he would Warrant them therein Also the King commanded that all Essarts as well old as new this is places where underwood and bushes had been Stubbed up and the land ploughed and sown which were within Regard or View of the Forest should be viewed once in three years and in like manner all purprestures and Wasts in Woods and that every one should be in rolled by it self Also the King Commanded that the Arch-Bishops Bishops Earls Barons Knights and Free-Tenents and all men of his land should come to the Pleas of the Forest at the summons of his Master Forester It was also forbidden at the pleas of the Forest that no Cart or Wagon should go out of the way in the Forest nor Hogs be in the Forest at the time of Fannatio the time when the Do's Fawn Foineson or Faoneson from the French Faon a Fawn Foinesun that is to say fifteen days before St John Baptist and fifteen days after and 't is to be noted that he which takes Venison in the Kings Forest and shall be thereof attainted shall be in the Kings Mercy as to the losing of his Eyes and Testicles and he that offended in the Kings Forest in the Green-hue or Vert by chopping down Trees or lopping of the Branches by Digging Tarves or slaying that is taking the Green-Sword of the Ground by cutting away the under part of Thickets
a Religious House and be Convicted his Gift shall be void and the Land shall be forfeit to the Lord of the Fee LXV Scutagium de caetero oapiatur sicut capi tempore Regis Henrici avi nostri consuevit quod Vicecomes non quaerat occasiones quod contentus sit de eo quod Vicecomes habere consuevit Scutage for the Future shall be taken as it used to be taken in the time of King Henry our Grandfather and that the Sheriff vex no Man and be content with what the Sheriff was wont to receive LXVI Omnes autem consuetudines praedictas libertates quas concessimus in regno nostro tenendas quantum ad nos pertinet erga omnes homines nostros de regno nostro tam Clerici quam Laici nostri observent quantum ad se pertinet erga homines suos All the foresaid Customs and Liberties which we have Granted to be holden in our Kingdom as much as it belongs to us towards our Men of the Kingdom Our Clercs and Laics shall observe as much as it shall belong to them towards their Men. LXVII Salvis Archiepiscopis Episcopis Abbatibus Prioribus Templariis Hospitalariis Comitibus Baronibus Militibus omnibus aliis tam ecclesiasticis personis quam soecularibus libertatibus liberis consuetudinibus quas prius habuerunt His testibus c. Saving to the Archbishops Bishops Abbats Priors Templars Hospitallers Earls Barons Knights and all others as well Ecclesiastics as Seculars the Liberties and Free Customs which they had before these being Witnesses c. King JOHN's Charter of Forests as 't is to be found in Matthew Paris Fol. 250. N. 40. Translated and Divided into Articles or Chapters JOhannes Dei gratia Rex Angliae c. Sciatis quod intuitu Dei Mat. Paris f. 259. n. 40. pro salute animae nostrae animarum antecessorum successorum N. 113 ad exaltationem Sanctae Ecclesiae emendationem regni nostri spontunea bona voluntate nostra dedimus concessimus pro nobis haeredibus nostris has libertates subscriptas habendas tenendas in regno nostro Angliae in perpetuum JOHN by the Grace of God King of England c. Know ye That for the Hoâ—our of God and the Health of our Soul and the Souls of our Antecessors and Successors and for the Exaltation of Holy Church and the Amendment of our Kingdom We have of our Free and Good Will Giâ—en and Granted for Us and our Heirs these Liberties underwritten To Have and to Hold in our Kingdom of England for ever I. In primis omnes forestae quas Rex Henricus avus noster afforestavit videantur per probos legales homines si boscum aliquem alium quam suum dominicum afforestaverit ad damnum illius cujus hoscus fuerit statim deafforestetur Et si boscum suum proprium afforestaverit remaneat foresta salva communia de herbagiâ— rebus aliis in eadem foresta illis qui eam prius habere consueverunt First of all Whatsoever our Grandfather King Henry made Forest or Forested shall be viewed by knowing and lawful Men and if he turned any other than his own proper Wood into Forest to the damage of him whose Wood it was it shall forthwith be laid out again and disforested And if he turned his own Woods into Forest they shall remain so saving the Common of Herbage in the same Forest to those who formerly were wont to have it II. Homines qui manent extra forestam non veniant de cetero coram Justiciariis nostris de foresta pâ—r communes submonitiones nisi sint in placito vel plegii alicujus vel aliquorum qui attachiati sunt propter forestam Omnes autem bosci qui fuerunt afforestati per Regem Richardum fratrem nostrum statim deafforestentur nisi fuerint Dominici bosci nostri They which dwell without the Forest for the time to come shall not upon Common Summons appear before our Justices of the Forest unless they shall be concerned in the Controversie or be Pleges or Sureties for such as are attached or arrested for any matter concerning the Forest All Woods that were turned into Forest by our Brother King Richard shall be forthwith Disforested unless they are our Demeasn Woods III. Archiepiscopi Episcopi Abbates Priores Comites Barones Milites Libere Tenentes qui boscos habent in foresta habeant boscos suos sicut eos habuerunt tempore primae Coronationis praedicti Regis Henrici avi nostri ita quod quieti sint in perpetuum de omnibus purpresturis vastis assartis factis in illis boscis post illud tempus usque ad principium secundi anni coronationis nostrae Et qui de caetero vastum purpresturam vel essartum facient sine licentia nostra in illis boscis de vastis purpresturis assartis respondeant The Archbishops Bishops Abbats Priors Earls Barons Knights and Free Tenents which have Woods in any Forest shall have their Woods as they had them in the time of the first Coronation of our said Grandfather King Henry so as they shall be discharged for ever of all Purprestures i. e. Incroachments upon the Kings Lands Highways c. Wastes and Assarts i. e. stubbing up Wood clearing the Ground and converting it into Arable without Licence made in those Woods after that time to the beginning of the second year of our Coronation And those which for the time to come shall make Waste Purpresture or Essart in those Woods without our Licence shall answer for them IV. Regardâ—ores nostri eant per forestas ad faciendum regardum sicut fieri consuevit tempore primae coronationis praedicti Regis Henrici avi nostri non aliter Our Regarders or Viewers shall go through the Forests to make a View or Regard as it was wont to be at the time of the first Coronation of our said Grandfather King Henry and not otherwise V. Inquisitio vel visus de expeditione canum existentium in foresta de caetero fiat quando fieri debet regardum scilicet de tertio anno in tertium annum tunc fiat per visum testimonium legalium hominum non aliter Et ille cujus canis inventus fuerit tunc non expeditatus pro misericordia det tres solidos de caetero nullus bos capiatur pro expeditatione Talis autem expeditatio sit per assisam communiter quod tres ortilli abscindantur de pede anteriori sine poleta Non expeditentur canes de caetero nisi in locis ubi expeditari solent tempore primae coronationis praedicti Henrici Regis avi nostri The Inquisition or View for Lawing of Dogs which are kept within the Forest for the Future shall be when the Regard is made that is every three years and then it shall be done by the View and Testimony of lawful Men and not otherwise And he whose Dog at such time
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