the 12th of October in the 25th year of his Fathers Reign as we have noted before and they were signed by him at Gant in Flanders on the Ninth of November following Walsingham says he did it in compliance with the wickedness of the times In arcto [3] f. 74. n. 4. pofitus cedendum Malitiae Temporis censuit On the 15th of September the Prince issued the [4] Append. n. Writs to the Sheriffs of every County to cause two Knights to be Elected and sent to him to London without any Directions to send Citizens or Burgesses so as they should be there on the sixth of of Parlement and yet no doubt but they were made by advice of his Council And therefore it seems that the Parlements or Great Councils of those times owned the Kings Charters under Seal and the Grants made by them to the People to be of good Force and Effect and that their Petitions to which he gave his Assent and caused to be put under his Seal were by them accepted and from time to time acknowledged as firm and valid Laws In the 28th year of his Reign the King led an Army into [5] Mat. Westm f. 433. n. 30. Scotland the Scots fled leaving about 400 of their slain behind them The Arch-bishop of Canterbury came to the King there and brought the Popes Command or Message to him That the Scots having submitted themselves to his Protection he should not presume to make War upon them any longer Whereupon the King returned into England and held a Parlement at Lincoln eight days after Hillary The Earls and Barons complain of the violence and injuries done every where by the Kings Ministers and Servants And again desired the Liberties conteined in Magna Charta might be so confirmed that from thence forward they might indure for ever [6] Ibid. f. n. 40. The King for some days was not very forward to gratifie them in their Requests but seeing their Importunity he told them he was ready to Grant and Ratifie what they desired and the Charters were renewed and sealed with the Kings Seal and carried into every County in England and the Arch-bishop of Canterbury with the other Bishops denounced the Sentence of the greater Excommunication against the Violators of them [7] Ibid. f. n. 50. Pro hoc confirmationis effectu concesserunt Comites Barones quintam decimam partem bonorum suorum Mobilium c. For this Confirmation the Earls and Barons gave a Fifteenth part of their Moveable Goods as they should be at Michaelmass next coming But Robert Arch-bishop of Canterbury would grant nothing for the Clergy not so much as from the Temporalties annexed to the Church without the Popes special License This Confirmation bears Date the 28th of March in the year above said This is the true History of the contention between the Norman Kings and Norman Barons from the 1st of Henry the First to the 9th of Edward the First just 200 years about their Liberties comprehended in these two Charters especially and their Pretences from them and Expositions of them Not one English Saxon Baron to be found as a Witness to or Promoter of them nor indeed scarce to any public Instrument Charter or Grant all this time And to any Man that will seriously consider what these Charters were then to wit all of them in the main but a Relaxation of the Rigor of the Feudal Law generally used in Europe cannot believe they were any others for the Descendents from the Normans at this very time possessed all the considerable Estates in England and it was Liberty that they pretended belonged to them in the enjoyment of their [8] See what is said of Feudal Law Feudal Tenure c. in the Glossary to my Introduction c. f. 39. E. c. and compare it with the main Articles in Magna Charta Feudal Estates they contended for and the Arch-bishops and Bishops always headed and managed them and began the Dance with pretences for their Ecclesiastic Liberty who were willing to have their Princes Favours as to the injoyment of their Temporalties or Baronies but were not willing to own any obligation or subjection to them in respect thereof But Sir Edward Coke doth not care to hear of the Feudal Law as it was in use at this time And hath a fine fetch to play off the Great Charter and interpret it by his Modern Law that was not then known or heard of And it hath been and ever was an Art of some Men to interpret and confound New Laws by Old Practice and Usage and Old Laws by late Usage and Modern Practice When perhaps if they would endeavour to find out the History of those Laws the Grounds and Reasons upon which they were made there would be found no congruity between them nor possibility of explaining one by the other but if the words sound alike 't is enough The same Sir Edward in the Epistle to his sixth Report Affirms the Common Law of England was here in practice 't is to be supposed before the Entry of the Romans Saxons Danes and Normans and that it was never altered by any of them And with Relation to this Opinion he says that Magna Charta was for the most part [9] Proeme to 2d Institut f. 2. And see 2d Instit f. 3. lin 3. Declaratory of the principal Grounds of the Fundamental Laws of England and for the Residue it is additional to supply some defects of the Common Law and it was no new Declaration Upon this Assertion no man can think but that he knew what the Fundamental and Common Laws of England were before the making of this Charter otherwise it was only a conjecture and he had neither Ground nor Reason for a Positive Assertion nor could he say it was Declaratory of the Common Law if he could not tell what that was If he did know it Egerâ—on Lord Chancellor Sir Francis Gaudy Chief Justice of the Common Pleas Fleming Chief Baron and Williams one of the Justices of the Kings Bench did not for in Prince [1] Cokes 8th Report Case the fiâ—st Henry's Case in Hillary Term in the Third of King James for the Establishing the first great Point which was argued in that Case they all agreed The Great Charter did cross and change divers parts of the Common Law Now if it did cross and change the Common Law it did not declare and confirm it for that 's Sir Edwards meaning nâ—r would a man think such a Charter could supply the defects of it I will leave these different Opinions to those that can Reconcile them and take notice of some of Sir Edwards particular Instances Magna [2] Second Instit f. 15. Charta C. vi Haeredes autem Maritentur absque Disparagatione Heirs shall be Married without Disparagement This he says is an Ancient Maxim of the Common Law It is most certain That the Lords of the Fee should have the Custody Warship
fuisse invenietur Qui eam tenet de Abbate Teneat recognoscat Quod si noluerit eam Abbas in Dominio habeat vide ne clamor inde amplius at me redeat Teste * He was consecrated A. D. 1081 and died 1096. Willielmo Episcopo Dunelm The King to * He was Sheriff William Cahains Greeting I Command you that you cause the Shire of Hamton to come together and by the Judgment thereof know if the Land of Isham paid Rent to the Monks of * That is of Ramsey St. Benet in my Fathers time and if it shall be found so let the Abbat have it in Demeasn or the Possession of it But if it shall be found to be Teinland he that holds it let him hold it of the Abbat and let him acknowledge to hold it so If he will not let the Abbat have it in Demeasn and see that no Complaint about this Matter returns to me again Rex Angliae [7] Ibidem Willielmo Vice-comiti Salutem Mando Praecipio Tibi ut Abbatem Ailsi facias habere Isham sicut ipse Dirationavit eam in Hamtona sicut Testimoniata jurata ad opus Sancti Benedicti T. R. Big The King of England to William the Sheriff Greeting I Require and Command thee that thou makest Abbat Ailsi to have Isham as he Recovered it by Proof in Northamptonshire and as it was Witnessed and Sworn to be to the Use of Saint Bennet Witness Roger Bigod This was the whole Proceeding after Proof by the Shire it belonged to the Abbat a Writ of Possession was directed to the Sheriff and then he had Seisin of the Land Rex Angliae [8] The Original in the Custody of Sir Tho. Hare Baronet Episcopo Eliensi Baronibus Justiciariis Vicecomiti omnibus fidelibus suis Francis Anglis de Grantebridge scira Salutem Sciatis quia Barnadus Abbas de Ramseia Dirationavit in Curia sua apud Sanctum Ivonem coram Justicia mea quam illuc miseram In the time of Hen. 1st Terram de Stowa Grettona versus Paganum Peverellum quam ipse Paganus Clamabat tenere de Ecclesia de Ramseia Et Recognitum ibi fuit quod nullum jus in Terra illa reclamare poterat sed Remansit Terra illa Ecclesiae de Ramseia Abbati solida quieta de tota calumnia Pagani Successorum suorum Et hoc Dirationamentum Warrantizo per Chartam meam Confirmo Roger Bishop of Salisbury was Elected 110â— and Consecrated 1107. and was Bishop 39 years and Justiciary of England many years in his time Et ideo volo praecipio quod Ecclesia de Ramseia Abbas eam amodo in pace quiete liberè teneat sicut Dominium Ecclesiae ejusdem Ita ne ulterius ei Respondeat nec alicui de Successoribus suis nec alteri qui per illum Clamet Teste * R. Episcopo Sarisher Pagano sil Johannis W. de Hoctuna Apud Westmonasterium The King of England to the Bishop of Ely the Barons Justiciaries Sheriff and all his Feudataries of Cambridgeshire French and English Greeting Know ye that because Barnard Abbat of Ramsey hath recovered at his Court at St. Ives before my Justice which I sent thither the Land of Stow and Gretton against Payn Peverel which he claimed to hold of the Church of Ramsey and it was there found by the Jury that he could claim no Right in that Land and that the whole belonged to the Church and Abbat of Ramsey free from any claim of Payn or his Successors And this Recovery I Warrant and by my Chart Confirm And therefore I Will and Command That the Church of Ramsey and the Abbat from henceforward shall hold them peaceably quietly and freely as the Demeasn of the said Church so as it shall not answer any more to him or any of his Successors or any Claiming by him Witness Roger Bishop of Salisbury and Payn Fitz-John and William of Hoctun at Westminster The King sent one of his own Justices to take the Assize or Verdict to prevent the partiality of the Jury which might have been before the Abbat himself or his Steward The like Confirmation almost was made by Queen Maud under her Seal in another Case in the Absence of this King 't is supposed as Regent The Inhabitants of the Hundred of Peritune now Pirton in Oxfordshire pretended the Maner or Hundred of Levechenor now Lewknor in the same County ought Suit and Service to their Hundred and was no Hundred of it self the Abbat of Abendon proved the contrary in the Kings Court in the Castle of Winchester Sed quia Rex tunc in Normannia erat Regina quae tunc praesens aderat taliter hoc sigillo suo Confirmavit Carta [9] Registrum Magnum de Abbendon in Bibloth Cotton Claudius B. 2. Reginae de Levechenora MAtildis Angliae Regina Roberto Episcopo Lincolniensi Thomae de Sancto Johanne omnibus Baronibus Francis Anglis de Oxenefordscira Salutem Sciatis quod Faritius Abbas de Abbendona in Curia Domini mei mea apud Wintoniam in * In the Exchequer or Treasury there which was then in Winchster Castle Thesauro ante Rogerum Episcopum Salesburiensem Robertum Episcopum Lincoln Richardum Episcopum Lundon Willielm de Curceio Adamum de Porto Turstinum Capellanum Walterum de Glocest Herbertum Camerarium Willielmum de Oyleio Gosfridum fil Herberti Willielmum de Enesi Radulphum Basset Goisfridum de Magna Villa Goisfridum Ridel Walterum Archidiaconum de Oxeneford per * Domesday Book kept in the Treasury of the Exchequer Librum de Thesauro Disracionavit quod Levecanora Manerium suum nichil omnino debet in Hundredo de Perituna facere sed omnia quae debet facere tantumodo in Hundredo de Levecanora facere debet in quo Hundredo habet Ecclesia de Abbendona xvii Hidas. Teste Rogero Episcopo Salesb Willielmo de Curci Adamo de Porto apud Winton Maud Queen of England to Robert Bishop of Lincoln and Thomas St. John and all the Barons of Oxfordshire French and English Greeting Know ye that â—aritius Abbat of Aberdon in the Court of my Lord and mine at Winchester in the Exchequer before Roger Bishop of Salisbury Robert Bishop of Lincoln and Richard Bishop of London William de Curcey Adam de Port Turstin our Chaplan Walter of Glocestre Herbert the Chamberlain William D'oyly Geofrey Fitz Herbert William de Enesi Ralph Basset Geofrey Magnaville Geofrey Ridel and Walter the Arch-Deacon of Oxford proved by Domesday Book or the Book which was kept in the Treasury of the Exchequer That his Maner of Levecanor ought no Suit or Service to the Hundred of Peritune but whatever it ought to do was only to be done in the Hundred of Levecnor in which the Church of Abbendon hath seventeen Hides
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.
whereupon the King issued his Proclamation that unless he came in and submitted himself to Tryal he was adjudged a publick Enemy But in stead of appearing before the Court he fortified his Castles praying Aid of all the Normans that were of his Alliance of the Welsh The King raised an Army Angliae Exercitum Convocavit Arundell Castle besieged and all others of his Relations or Affinity Upon this obstinacy the King presently called together the Army of England and besieged his Castle of Arundel in Sussex and building several Castles about it departed The Besieged Petitioned the King for leave to dispatch Messengers to their Lord that he would either send them Relief or permit them to reconcile themselves to the King which was granted And seeing he could not help them very sorrowfully gave them leave to make their Peace with him At this time the King [5.] Hoved. fol. 69. a. n. 20. Tikhill and Bridgnorth Castles besieged Commanded the Bishop of Lincoln with part of the Army to besiege Tikhill Castle while he himself went and besieged Bridgnorth Castle in Shropshire from whence Robert was gone to Shrewsbury Here the King stayed three weeks and by [6.] Ibidem n. 30. Shrewsbury Manned against the King The Welsh joyn with the Earl against the King Gifts corrupting the Welsh in whom the Earl placed most confidence they rendred to him the Castle Robert stayed not long in Shrewsbury but left it to the care of Roger the Son of Robert de Nevil and Vlger Venables with whom he joined eighty Stipendiary Soldiers and made Peace with the Welsh and drew their Kings Caducan and Gervat the Sons of Rese to his Party by whom and his own Forces he often disturbed the Kings Army [7.] Ord. Vit. f. 807. A. B. C. The Earl disinherited William Pantulf He assists the King and by Gifts and Promises brings the Welsh to the Kings side Before this time the Earl had disinherited William Pantulf a great Man in Shropshire who withdrew his Assistance from him and returned to the King who forthwith sends him 200 Soldiers and makes him Governor of Stafford Castle from whence by Excursions he mightily annoyed the Earl above all others and at length by Promises and Gifts brought off the Welsh Kings and their Forces to the Kings side After this the King demanded the Town of the two Governors and threatned that if it were not delivered in three days he would Hang all he should take there The Governors Treat with the King by the Mediation of William Pantulf who was Allied to them Shrewsbury delivered to the King The Stipendiaries had leave to depart with their Horse and Arms. and they the Townsmen and Burgesses were willing to save themselves and deliver up the Town The Stipendiaries knew nothing of this Treaty but remained faithful to their Master and therefore when the King entred the Town he permitted them freely to depart with their Horse and Arms. The King having thus subdued his Enemy [8.] Ibid. fol. 808. A. B. C. The King takes away his Earldom of Shrewsbury and his Lands Banisheth his two Brothers and endeavours to extirpate that Family in England he took away his Earldom and Lands and all the Estates of such as adhered to him and gave him safe Conduct to pass beyond Sea and with him he sent away the two wealthy Earls his Brothers Roger Pictaviensis and Arnulph and seized their Estates his Enmity being such against Robert that he endeavoured totally to extirpate that Family in England They being [9.] Ibidem C. D. Robert de Belismo wasted Normandy expelled out of England there followed mad work in Normandy for three years together Many Towns were burnt and Churches with the People in them that fled to them for safety Almost all Normandy rose up against this boisterous and unquiet Robert de Belismo but they wanted a Head and a Leader of such Courage as might subdue so great a Waster and Subverter of his Country He was a Man of Parts and Cunning and had a considerable Strength about him and supported himself by his Wealth which he had treasured up in thirty four strong Castles He had thirty four strong Castles that he had formerly built with a design of Rebellion He only enjoyed his Fathers Estate He gave his Brothers nothing of his Fathers Estate Roger dies Arnulph leaves his Brother not suffering his Brothers to possess any part of it although for his sake they had lost their Fortunes Roger left him and took himself to Carof-Castle which was his Wives Inheritance and there grew old and died Arnulph after many difficult Undertakings for him to no purpose grew discontented and fell off to the Duke seized the Castle of Amanisca now Almenesches delivered it to him and such as favoured his Brother that were in it In the Territory also of See 's many with Arnulph left the Turbulent Earl and delivered their strong Holds to the Duke Although he was much [1.] Ibid. fol. 809. A. Robert de Belismo burns the Abby of Almanisca dismayed at the Revolt of his Brother yet hearing some of the Kings Troops were quartered in the Abby of Almanisca with design to harass and plunder the Country He presently marched thither fired and burnt it he there took many Prisoners whereof some he punished with death others he dismembred In the mean time the Duke was with the Army of Normandy at Hiâ—smes and marching towards the Earl he drew up his Forces and many ways attempted the Duke He rouâ—s the Dukes Army and boldly charging him upon a Causey put him to flight and made many his Prisoners Puffed up with this success and scorning the Duke he endeavoured to bring all Normandy under his power the Country where he was and the Neighbouring Territories submitted to him not being able to resist He took in the Fortress of Hiesmes and Gunters Castle now Gontel and many other Garisons round about him About this time died [2.] Ibidem fol. 810. B. A great War and Contention in Normandy about a private Estate William de Britolio or Breteul without lawful Issue His two Grandchildren William de Guader and Raynald de Cracey contended who should succeed him The Normans rather chose for their Lord his Son Eustachius by a Concubine as more affecting one born in their own Country though a Bastard than either a Britain or Burgundian from whence there arose great War among the Adverse Parties and great desolation of the Country William de Guader soon died and left Raynald to contend with Eustachius [3.] Ibid. C. To Raynald (f) These were Norman Barons and this Ralph de Conchis was the same [4.] Gemet lib. 8. c. â—7 Ord. Vit. f. 813. D. 522. C. Person with Ralph de Todineiâ— Lord of Flamstead in Hampshire who afterward Married Alice one of the three Daughters of Judith Widow of Waltheof Earl of Huntington Northampton c. Niece to the
against him The Militarie men Dissatisfied at the Arch-Bishops proceeding against the Earl of Clare heightned the anger of the King and Militarie men of the Kingdom or Government That he designed to recover the Castle of Tonebrigge from the Earl of Clare and that whole honor long ago aliened from the Church of Canterbury because according to the Decretals it was lawfull for his Predecessors and the Stewards so to manage the farmes of the Church as to increase them not to lessen or alienate them To this Earl of Clare almost all the Nobility of England were allied The [6] Ibid. p. 15 Col. 1. The Arch-Bishop pretends to a right of presentation to all livings in all Towns possessed by his great Tenants and Monks He Excommunicates William de Eynsford a Tenant in Capite and Absolves him to please the King Arch-Bishop had or challenged a right to present to the vacant Churches in the Towns as well of his Barons as his Monks and gave the Church of Eynesford in Kent to one Laurence a Priest The Lord of the Town William de Eynesford molested the Servants of Laurence and forced them out of the Town The Arch-Bishop Excommunicated him he applies himself to the King who writes to the Arch-Bishop to Absolve him whose answer to the King was That it belonged not to him to command any man to be excommunicated or absolved The King insisted upon his Royal Dignity or Prerogative That no Tenent in Capite ought to be Excommunicated without his Knowledge or Consent At length the Arch-Bishop to please the King Absolved him from henceforward the King had no kindness for him tho before he had obteined of him libertie to enjoy the whole Dignity of his Church and that he might seek to recover all the Lands which had been aliened by his Predecessors or were possessed by Lay-men The Insolence and wickedness of Clercs Long before this the King had been angry with the Clergy in the time of Arch-Bishop Theobald having been provoked with the insolency of some of them who had committed Rapin Theft and Murder [7] Ib. Col. 2. Guilty of great Crimes For this reason the King demanded of the Arch-Bishop That by the Consent of him and his * Coepiscoporum The King would have â—hem tryed in his secular Court Fellow-Bishops such Clercs as were taken in convicted of or had confessed any great crime should first be degraded and forthwith delivered to his Court That they might be corporally punished and not have any protection from the Church [ ] Ib. p. 16. Col. 1. He demanded also That when any Clerc was degraded some of his Officers might be present to take him into Custody that he might not fly and escape that punishment The [9] Ibidem The Arch-Bishop calls together the Bishops They were of opinion Clercs were to be Degraded and Delivered to the secular Court Arch-Bishop when he could not obtein leave to deferre his Answer untill next morning went apart with the Bishops and discoursed the matter The Bishops were of opinion that according to the secular Law Clercs were to be degraded and delivered to the Secular Court to be corporally punished which they proved not only by Laws but authentic Examples But he [1] Ibidem The Arch-Bishop says it was against the Canons and Cautions them about the Liberty of the Church following the Canons thought otherwise asserting it was unjust against the Canons and against God that any man should be twice punished by two several Courts And added that they ought to be very carefull that they destroyed not the liberty of the Church by their own Consent for which by example of their High Priest they were by Duty bound to contend unto Death [2] Ib. Col. 2. p. 17. Col. 1 The Bishops replyed that if they consented to what the King demanded the Church was in no danger and that they ought to yield to the wickedness of the time as they called it lest the King should seize all their Temporalties The Arch-Bishop persisted in his opinion and told them they migt not expose any man to death That could not be present at a sentence of Blood The King [3] Ib. Col. 2. not like to prevail in this asked them if they would observe his Royal Customes or Laws The Arch-Bishop answered in all things [4] Salvo tamen per omnia in omnibus ordine nostro The Arch-Bishop and Bishops answer to the King about keeping his Royal Customes Saving their Order by and in all things Afterward he asked the same thing of every Bishop in order and they all gave him the same Answer At which the King was much troubled and left them The Bishops fearful of the Kings Anger followed him and consented to acknowledge his Laws without any [5] Ib p. 18. Col. 1. saving but the Arch-Bishop was immoveable and said far be it from him That for the fear or favor of any Mortalman he should be found to contemn God [6] Ib. Col. 2. The Case between a Burgess of Scarburgh and a Dean If an Angel should come from Heaven and give him advice to make such an absolute acknowledgement he would curse him When the [7] Richard de Lucy was then Justitiary of England Satisfaction Demanded for Breach of the Kings Law King on a certain time was at York a Burgess of Scarburgh complained to him of a Dean a rural Dean that had taken from him 12 s. and injoyned his Wife penance as an Adulteress without proof contrary to the Kings Law The Dean was Convented before the King the Arch-Bishop the Bishops of Lincoln and Durham and John Treasurer of York who not being able to clear himself the Kings Barons were joyned to the Bishops to pronounce sentence upon him John the Treasurer thought it sufficient if he restored the Burgess his money again and was left to his own Bishops mercy whether he should keep his Office or not [7] Richard de Lucy was then Justitiary of England Satisfaction Demanded for Breach of the Kings Law Richard de Luci asked what satisfaction the King should have for the Breach of his Law John answered nothing because he was a Clerc whereupon he refused to be present at the Passing of the Sentence and went out with the other Barons to the King who appealed from this sentence but being called beyond Sea upon extraordinary business did not prosecute the Appeal The The Insolency and Crimes of Clercs Justices Itinerant being at Dunstable there happened a Controversie between Simon Fitz-Peter and Philip de Broc Canon of Bedford Simon informed the King that Broc in a great audience had spoken dishonorably of him The King accused him before the Arch-Bishop and not being able to deny it excused himself that it was done in passion The King demanded judgment against him The Clergy judge him to lose the Benefit of his Prebend for a year and Banishment out of England for that time but this
such a Freedom as this was only good against his Lord for if he was produced as a Witness in Court against a Stranger or to wage Law he might object against him that he was born a Villan that is descended from Bond or Villan Parents and if it were proved he might justly be set aside although he was made Free by Knight-Hood The second way of being made Free which was a second way of redeeming Men from Servitude A third way was The third way [2] Ibid. if a Bondman lived quietly a year and day in any privileged Town so as he was received into the Common * That is was either Alderman of Common-Council-Man for the Magistrates and chief Citizens were properly the Gild or Corporation and transacted the the Affairs of Corporation The fourth way Gild as a Member of it That made him Free from Villenage A Fourth way was by Exchange when Base and Vile Services were turned into Rent and that was advanced and paid pro omni Servicio This put the Villan out of all Servitude especially as to his own Person for if the Lord had no Service to command him but the payment of his Rent he was free This is co-incident with the first way by purchase and favour And that there were many manumitted by Grace and Favour of their Lords conditionally at least upon their desire to serve them in the Army it cannot be doubted by any man that doth consider the Usurpations of William Rufus and Henry the First upon their Elder Brother Robert and the long Civil War that attended them The Usurpation of King Stephen upon Maud the Empress and her Son King Henry the Second and eighteen years Wars between them and the War and Differences between King Henry the Second and his Son Henry The Barons Wars in the Reigns of King John and Henry the Third But that the Barons and Military Men and the Bishops and Clergy did Manumise and make Free many of their Clients Bondmen and Villans and did make their Tenures more easie to draw and fix them to their Interest and Party Lastly Time and Desuetude have made the most Free The last way Villenage at this day being rather antiquated and disused than nulled and taken away by Law for when Free-men or Customary Tenants grew wealthy and able to stock a good parcel of Land themselves or were of such Credit as the Lords could trust them with their Stock they then turned their Lands into Farms and instead of Works and Services reserved Rent in Money Corn or otherwise and left the improvement to the Farmer who took to his own use what he could make more of his Farm than he paid to the Proprietor so that the Lords had no need or use for so many Customary Tenants to Plough their Lands c. Cotars Servile People and poor The Labouâ—ers in our â—imes are Gentlemen in â—espect of â—hose wretchâ—d People miserable Laborers as before and they were glad to work for small Wages little more perhaps than for Meat and Drink rather than to be under immediate Servitude to their Lord for it cannot be thought though their Servitude as to the Correction or their Bodies and other Severities was lessened but that still they remained in a Servile State and that the Lords commonly turned over their Works to their Farmers who looked better after them than they could do and saw they laboured more and loytered less yet if they otherwise used them inhumanely or made their Conditions such as might not be indured without extreme misery they had a Remedy against these by Law which they could not have against their Lords And in time and by degrees they insensibly crept into more Liberty as there was less occasion for their Services and at length perhaps it was almost as much trouble to look after them as their Work was worth by which means Villenage became more and more easie until at last it was almost worn out and not regarded and many small Victuals Rents Fowl Capons Hens Eggs c. and small Rents in Money Pence Half-pence Farthings Half-farthings that the poor Villans paid were neglected and lost and the Way and Manner of Living of the Nobility Gentry and Proprietors quite altered and changed And more within the last Hundred and fifty years than in all the time after the Conquest For since Foreign Trading Commerce and Merchandising hath so much increased the Delicacy Softness Pride and Luxury of the People have proportionably grown up with them and were at first in a great measure brought into this Nation with them But all this Freedom obteined by Bondmen or the Freedom of others who were born Free and were Heirs to or had Purchased a small parcel of Land of Socage tenure that is privileged from Services was only personal they were not indeed Bondmen as to their Persons they were Free from Servile Works and Services or if they performed any as many of them did they were known certain and easie They neither had nor pretended to for several hundreds of years that Liberty nor those now esteemed Priviledges then thought Burthens which those sort of men are possessed of and now injoy For first though their Persons and Issue of their Bodies were Free from Servile Works and they were not Bondmen which was the only and true notion of those Freemen in those times yet they were not all together sui Juris for as to the Government and for the keeping of the Kings Peace all the Freemen or People in England were Bondmen either in their own Persons or by their Fidejussors and such as undertook for them and were [3] LL. Etheâ—red in Lambard c. 1. Magna Charta c. 35. Bracton p. 124. b. Briton c. 29. p 72. b. p 73. b. The Glossary to my Introduction c. f. 55. F. and f. 56. throughout bound ten Masters of Families one for another for their own keeping the Peace and Good Behaviour as likewise for their Children Servants and Families except Cleres Knights or Tenants in Military Service their Wives and Children and these Men so Bound were called Free Pleges and perhaps this Old Law is not so much out of force but that Sheriffs in their Turns and Lords of Maners in their Leets may put it in practice if there should be necessity of doing it Secondly The serving on Juries at the Assises and Sessions and that and their Suit and Service to or in County and Hundred Courts which now is accounted a great privilege and their Birth-rights when they have a mind to do mischief was in the times we Write of esteemed a Burthen from which all Tenants in Ancient Demeasns were Free by Tenure all or most Abbies and Monasteries by Charter and many particular [4] Stat. of Malebourh c. 4.52 Hen. 3. Persons as Knights and others purchased of the King Charters of Exemption from being Impannelled in Assises Juries and Inquests which they would not have done had they
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
Thomas in the Archbishoprick for there never was one of that name Archbishop but was his Antecessor in the Possession of the Soke of these ten Bovates of Land which Soke was Mortgaged or the Gage assigned to the Archbishop who was a Norman for three Pounds Ibidem Clamores in North-Treding Lincoliae In Limberge Clamat Ivo Tallebose super Regem vi Boxat Terrae Dicunt homines Comitatus quod ipse debet habere Terram Rex socam Very many more Pleas there are of Titles and for the Possession of Estates of different sorts before the Counties Hundreds Wapentacks Tredings or Trihings in the Conqueror's Survey but all between Normans and Normans or those and King William or between Bishops Religious and Ecclesiasticks and the King or Lay Normans who had seized Church-Lands and no Pleas of Titles between English Saxons or between them unless they were Church-men or Religious and Normans Nor no such fabulous Pleas as the pretended Plea of Sharnburn of which more afterwards From the Time of the Conqueror A Writ from William Rufus for assembling the County we proceed to the Reign of William Rufus and in the very beginning of it we find this Writ or Precept directed to the Sheriff of Northamptonshire [1.] Spelm. Gloss verb. Tain-land ex lib. de Rams Sect. 178. Willielmus Rex Angliae W. de * A Norman who came in with Conqu vid. Cataloge Cahaniis salutem Praecipio tibi ut facias convenire Shiram de Hamtonâ judicio ejus cognosce si Terra de Isham reddidit firmam Monachis Sancti Benedicti tempore patris mei si ita inventum fuerit si in Dominio Abbatis sit vero Tainlanda tunc fuisse invenietur qui eam tenet de Abbate teneat recognoscat Quod si noluerit eam Abbas in Dominio habeat vide ne clamor inde amplius ad nos redeat Teste (l) This was William de Carile former Bishop of Duresm and [4.] Malms de Gestis Reg. fol. 67. b. n. 30. Justiciary of England in the beginning of Rufus his Reign W. Episcopo Dunelm There is also another Precept of this King cited by the same learned Sir [2.] Glossar fol. 303. col 1. A Trihing Court Henry Spelman which runs thus Willielmus Rex Anglorum H. Camerario salutem facias convenire consedere tres Hundredas dimid apud (m) The place where the Hundred of Freebridge citra Lynn in Norfolk used to meet Flicchamburch propter Terram illam de Holm quae pertinet ad Ringstedam quam Abbas Ramesiae clamat ad victum vestitum Monachorum suorum si Abbas poterit respondere ratione Testimonio comprovincialium quod Antecessor illius eandem terram habuerit eâ die quâ pater meus fuit vivus mortuus Tunc praecipio ut illam Terram omnia quae justè pertinent ad Abbatiam suam pacificè honorificè habeat Teste (n) Roger Bigod was then neither Chancellor nor Justiciary of England but Earl of Norfolk in which County the Plea was held R. Bigod apud Wendesoriam To these may be added a Charter of Henry the First A Charter of Henry the First for holding County and Hundred Assemblies for the holding of County and Hundred Meetings published [5.] Glossar fol. 302. col 2. by the same Author Henricus Rex Anglorum (o) He was a Norman and Canon of Baieux made Bishop of [1.] Godw. de praes An. f. 509. Worcester 1097. Samsoni Episcopo (p) He is sometimes called Vrso de [2.] Doomes in Wircestreshire Wirecestre and sometimes Vrso [3.] Dugd. Baron f. 406. c. 2. Urso Vice-comes Vice-comes he being Hereditary Sheriff of Worcestershire came in with the Conqueror and had forty Hides of Land in Worcestershire besides two Lordships in Warwickshire and one in Glocestershire Vrsoni de Abitot omnibus (q) Barones here [4.] Vid. Spel. Gloss verbo Baro. are to be understood Milites such as held by Military-Service or Barones Minores Lords of Towns or Manners or perhaps Free-holders which if any then they were of better account before Town-ships Manners and Lands were parcelled but into small Divisions Baronibus Francis Anglicis de Wircestrescira salutem Sciatis quod concedo praecipio ut amodo comitatus mei [5.] Godw. de praes An. p. 233 Hundreda in illis locis eisdem Terminis sedeat sicut sederunt in Tempore Regis Edvardi non aliter Ego enim quando voluero faciam ea satis summoneri propter mea dominica necessaria ad voluntatem meam Et si quando exurgat placitum de divisione Terrarum Si interest (r) Noble men the King's Barons such as held immediately of him Barones meos Dominicos tractetur placitum in curiâ mâ—â si inter s Vavasores duorum Dominorum tractetur in comitatu hoc duello fiat nisi in eis remanserit Et volo praecipio ut omnes de comitatu eant ad comitatum Hundreda sicut fecerunt T. R. E. nec ramaneant propter aliquam causam pacem meam vel quietudinem here wants non habebunt I guess qui non sequuntur placita mea Judicia mea sicut tunc Temporis fecissent Teste R. (t) Richard de Beaumes a Norman consecrated 5. 1108. Episcopo Londinensi R. Episcopo Ranulpho Cancellario R. Comite de Mellent apud Radinge Henry the First reserves a Power for his own business to convâ—ne the County or Hundred at pleasure And reserves the Controversies of his great Barons to his own Court Here Henry the First reserves a Power of convening the Hundred and County when he pleased for his own proper Business And also reserves the Controversies of the great Barons that held immediately of him to be agitated in his own Court permitting the Trials between the Vavasors or greater Tenents of two mean Lords to the County This method of deciding Controversies and Variances was in use in Henry the Second's Reign as appears by this [6.] Dugd Orig Jurisd fol. 23. col 2. Writ (u) He was * Gul. Pictav 202. c. Son of Roger de Bellomont [6.] Gemet 3â—2 A. B. Robert Earl of Leicester who he was Grandson to Turolf of Pont Adomar by Weva Sister to Gunnora first Concubine then Wife to Richard the First Duke of Normandy Great Grandfather to the Conqueror Robertus comes Legecestriae priori de Ely Salutem Praecipio quod sine dilatione teneas plenum rectum Humfrido filio Gaufridi de terrâ Dunnigeland nisi sit feodum Militis nisi remaneat pro Assiza Regis Et nisi feceris Episcopus de Ely faciat nisi fecerit ego faciam Here the Earl of Leicester commands the Prior of Ely to do the Demandment right in his Court which was probably a Court Baron if not the Bishop should in his Superior
conquered it The Francs conquered Gallia And divided the Lands amongst their Souldiers Gentlemen such as served on Horse-back in the Declension of the Roman Empire that they distributed their conquered Lands amongst their Souldiers to whom was reserved the Dignity of Gentlemen and the management of Arms and from the ancient Gauls Inhabitants of the Country who were called Roturiers they took away the use of Arms and permitted to them the management of Rustick Affairs and Merchandize only and from thence came the distinction of Fiefe Noble and Roturier c. There were [2.] Spel. Gloss fol. 219. Hottom in lib. de disp Feud c. 6. F. three sorts of Military Fees Royal Fees as Dukedoms Counties Marquisates c. which held immediately of the Emperor King or Prince and was called tenure in capite And so less Estates and Offices in process of time that held immediately of the Crown or Person of the Prince then Mesne or mediate Fees which held not immediately of the Prince These Milites or Knights were Horsemen and these Military or Knights Fees given to maintain their Horse and Arms Hot. in lib. 2. Feud col 691. D. but of some of these Capitanei or Chieftains as Barons Vavasors Castellans c. lastly Military Fees or Knights Fees such as were held of those Mesn Lords and by them given to their Soldiers all these degrees of Fees were in Normandy as appears by the [3.] C. 34 35. Grand Customer where they also had all the Incidents of Military Fees Ward Marriage Relief Homage and Fealty and such Divisions into all these sorts of Fees were made of the greatest part if not * See Doomesday in every County and here Ap. n. 10. all the Lands in England by the Conqueror to his great men Commanders and Soldiers as is manifest by Doomesday-Book a Record without Exception And for the Incidents to these Tenures Escheat Ward Marriage Relief Homage Fealty Aids Escuage c. both according to their first rigorous Institution and afterwards qualified Condition we have a sufficient Information from all our ancient Historians and Lawyers that we received them from Normandy Forfeitures also were incident to these Fees many of which [4.] Gloss fol. 214 215. Forfeitures incident to Feudal Tenure Sir Henry Spelman hath collected from the Feudist and Feudal Laws and some of them do here follow Originally all Vassals held their Lands at the will of the Lord and whether they were Delinquents or not he might at his pleasure take them from them In point of Tenure they were much like our ancient Copy-holds at meer will and in this of Forfeiture they much resembled them and those also at this day Vid. Hot. de Feud Disp c. 38. col 886. D. E. c. It was a Forfeiture if thrice summoned to the Lords Court they neglected or refused to come and take up their Lands and do Fealty If they refused to do their Service or denied their Tenure it was a Forfeiture If they sold their Estates without leave of the Lord or if they sold it by any other Title than they had themselves it was a Forfeiture If they did any thing against their Oath of Fealty if they adhered to their Lords Enemies or did forsake him in time of War or Danger all these were Forfeitures If they committed any outragious wickedness which was called * See the Glossary Felony as Murder Robbery burning of Houses Rape c. and which was no Treason this likewise was a Forfeiture of their Lands and Estates to the Lord of the Fee And by committing Felony and the non-performance of the most of these things upon conviction the Tenents [5.] Coke compleat Copy-holder Sect. 57 58 Kitchin Tit. Copy-holder at this day forfeit their Lands and they Escheat to the Lord some by presentment of the Homage others immediately where the Fact is notorious And while we mention Tenents it will give some light to the knowledge from whence we received our Laws briefly to give an account of the Institution of Mannors here in this Nation as I find it in our Learned Glossarist [6.] Fol. 389. The first Institution of Maners Mannors from whence derived who says it was a Norman word and brought from thence and what the Saxon called a Praedium or Villa their Possessions in Land with the injoyment of Soc Sac Toll Team and other Priviledges the Normans called Maners a Manendo because such Possessions were ordinarily the Seats of the Lords The Saxon (d) Many of them had so but without doubt they had some Feudal Tenures or somewhat like them they with the Angli Jutes c. coming from the Cimbric Peninsula and the North Parts of Germany where such Tenures were General from whence the word Vassus Vassallus or Valvasor was derived to other Nations Hot. de Feud disp cap. 7.820 C. As also in their Neighbour Nations of Danemark and Norway Jurisdictions had their Origin from the Grants of their Kings They were Feudal but Maners had their beginning from Feudal Law or Right for whoever could dispose of Fees might justly give Laws to their Vassals erect Courts for passing of estates and take upon them all other Priviledges meerly pertaining to a noble Fee How they were instituted He further says at the beginning this was the course of instituting Maners for the most part different Lords possessed the Territories of every Town or Village and * See Doomesday Book every where how Villages and Towns are described with such Peopâ—e in them under the Proprietor cultivated it by their Servants Vassals and Husbandmen for at that time there were living in the Country only Military men Labourers or Husbandmen first the Lord designed the place of his own Habitation and annexed to it a plentiful Portion of Land for the maintenance of his Family which are yet called Terrae-Dominicae Demesn Lands [7.] Ibidem another share he gave to his Vassal or Vassals for their aid and assistance in War and these were called (e) I rather think these Fees to have been most whole at first and that in time by favour of the Lord they parcelled out and sold them and such a part of a Knights Fee was apportioned to such and such a man as Rents are amongst Copy-holders at this day where a Tenent sells part of his Copy-hold to one part to another There are many Instances of whole Mannors granted by the Service of one Knights Fee Robert Fitz-Roger 9. Richard the First had a Grant from him of the Maner of Eure in Buckinghamshire by the Service of one Knights Fee 1. Jonannis a Confirmation of the Castle Maner of Workeworth in Northumberland by the Service of one Knights Fee 5. Johannis the Maner of Newburn in the same County by the Service of one Knights Fee The Maner of Clavering in Essex by the same Service 7. Johannis the Maner of Robiri in Northumberland by the same Service of one
Knights Fee and the Maner of Hwayton with the whole Barony which formerly belonged to Robert de Cramavil by the Service of three Knights Fees he had then also the Honor of Tikhil with sixty Knights Fees and three parts of a Knights Fee belonging to it Dugdales Baronage fol. 107. Tom. 1. Knights Fees or Military Fees which if they were not sufficient for the maintenance of one Soldier For maintenance of their Horse and Arms yet according to the Quantity of Land they injoyed they contributed such a share or performed such Service as was appointed and agreed for half a third or fourth or less part according to the smallness of the Portion of the Fee granted towards the Lords Military Expences [8.] Ibidem Base Tenure a third part he distributed to such as performed all rustick and servile Works repaired his Houses ploughed and sowed his Land reaped his Crop carried it into Barn Threshed it Digged Hedged and took care of his Flocks and Fields The Precincts of this Distribution were governed by such Laws as the Lords imposed and as all their Estates arose from his Beneficence so they depended on his Will Hence so many several Customs Whence several Customs in several Maners in several Maners The Lords House was the Aula Hall or Court and all the Tenents if need required were bound to attend there every three weeks but generally at the Feast of the Annuntiation and St. Michael from whence these Courts kept at those times were called Curiae generales or General Courts These Lords of Maners or small Baronies held either in Capite of the King or most commonly of other great [8.] Grand Cust of Norm c. 34 35 53 and every where in our ancient Lawyers and Historians Barons as of their Honors or Heads of their Baronies by the same Tenures and under the same Forfeitures and these in like manner of the King in Capite for by the [9.] Hot. de â—eud Disp â— 10. 830. D â—hey might â—aighten but not inlarge the Condition of the Fee Ibid. Feudal Law Sub-Fees were to be given and received according to the Laws of the first Institution of the Capital Royal or Great Fees which held immediately of the Prince and therefore as the Inferior or lowest Lords * Charter â—rand Cust c. 53. had their Courts most commonly for adjusting all Matters within the Jurisdiction of their Maners so had those of a middle Rank within their Jurisdictions for such of these inferior Lords or others as held of their Baronies And likewise that Capitol Barons had their Courts within their Jurisdiction in which all or most Matters relating to Lords of Maners ought Suit to the Courts of mean Barons and arising between their Tenents were ordered and decided and they were not only held at the chief Seats of their Honors or Baronies but perhaps all over England where they had any considerable Lands or Possessions as the (f) This Title was Frequent in Normandy for the Seat or head of the Honor Earldom Honor what or Barony See Script Norm 1037 1040. Honor of Richmond Honor of Gloucester and Clare Dutchy of Lancaster And they to the Courts of great Barons on whom they held c. have at this day their several Courts for determining Controversies and Suits within their Jurisdiction of matters of small value Lastly these great Barons were within the [9.] Glan l. 1. c. 3. And the great Barons to the Exchequer or Kings Court Jurisdiction of the Kings Court or Exchequer where all Pleas concerning their Baronies were terminated The Conqueror gave to some of the greatest of his Followers whole Counties and to some two three or more Counties with a great proportion of Lands in them The Lands of England parcelled out and distributed by the Conqueror to others some part or portion of a County as Hundreds or several Maners and Towns in them who sometimes parcelled them out to their Dependents and Friends and they again to theirs till at last though the Saxons most frequently held their own Estates of these new Lords and by new Titles from them some Soldiers and ordinary men had some proportionable shares for their Services though upon hard Conditions possessing them for the most part as Feudataries and according to the Rules of the Feudal Law which as it was the Law for the most part in Normandy as to Possession and Tenure so was it here in England until by the Indulgence of Vsurpers to the great men and of them to the People their Tenents and Followers their Tenures became more easie and were changed into Inheritances both Free and Bond as they did in France upon the Usurpation of [1.] Hottom in Feud Disp col 845. A.B. Et de Serres fol. 120. A. D. 987. The Barons made advantage by setting up Vsurpers â—nd sometimes of their lawful Soveraigns by bearing too hard upon them Hugh Capet the Nobility closing with him on condition their Baronies and Fees might be Hereditary and Patrimonial which before were Arbitrary and injoyed at the Will of the King only The Nobility in those times never lost by advancing Usurpers if they prospered always bargaining with them for some Flowers of their Crown and the bettering their own Condition As appears by the Stories of our Henry the First King Stephen and King John and with their Lawful Soveraigns also who according to their Examples and their own Necessities as things then stood and for their own Security were often forced to comply with the Demands of Holy-Church and the Barons called in to her Assistance though to their own disadvantage and besides this way Lands became â—ree and Hereditary many ways without doubt many Lands became Free and Hereditary or their Services made certain by Compact or Agreement between Tenents and indigent Lords whereby their Lands were manumised the Services released or they were granted to them by Deed or Feofment The Feudal Law might be relaxed by the use of the Canon and Imperial Law and it is not unlikely but that the use of the Canon and imperial Law prevailing here or being promiscuously used with the ordinary Law for a Century or two of years from the time of King Stephen until * Seld. Dissertatio in Fletam c. 8. the Reign of Edward the Third might much relax and abate the Rigor of the Feudal Law and render the Fees less Conditional and far more qualified than they had been formerly and hence the Laws concerning them became more easie and received their several Alterations and Amendments by Flux of time or Acts of great Councils or Parliaments and instead of rigorous Tenures the more soft ones of Fee-Simple in all its kinds and inheritable and qualified Copy-holds were introduced Besides this Tenure of Homage there were also other Tenures in Normandy Tenures in Almoigne in Normandy In Burgage as Per Elemosynam in Franke almoigne as the Church-lands were held Burgage as the Lands in
Normandy And not long after the King of France died Ibidem D. King Henry dies Leaves his Son to the care of Baldwin Earl of Flanders and Philip his Son a Child succeeded him between whom and the Duke there was always a firm Peace he being left by his Father under the Tuition and Protection of his Uncle Baldwin Earl of Flanders who was a great Assistant to William and whose Daughter [1.] Ibidem 183. D. Whose Daughter William had Married Matild he Married in the midst of these Tumults Insurrections and Troubles About the same time Galfrid * Ib. 188. D. Martell also died These Enemies dead he is at leisure to pursue his Design upon [2.] Ibidem 189. B. He claims Anjou Anjou to which besides the Gift of the King of France upon the conclusion of Peace between them after the Battle of Mortimer in Caux he had likewise a Title from Herbert Son of Earl Hugh whom Martel had Expelled He dying without Issue left William his Heir and willed his People they should seek for no other Lord but they set up Walter Earl of Mayn who had Married the Sister of Hugh [3.] Ibid. D. The Anjovins submit yet not long after being wearied with the Incursions of William they joyfully received him as their Lord. [4.] Gul. Pict 196. C. These Successes and the Fame of his Piety by founding endowing and advancing Churches and Monasteries spreading through France and the adjacent Countries brought a great frequency of Foreign Nobility to his Court as well Ecclesiastick as Secular some esteeming it a favour to be allowed to remain there others to observe and take Advice and some to enter into the Service of the Duke And it added much to his Glory that being at this time in an universal quiet [5.] Ibidem none daring to Arm against him that he provided for the security of Church and State [6.] Ib. 193. B. C. D. and 194. A. B. discouraging the Loose Luxurious and Prophane Ecclesiasticks encouraging the Sober Learned and Pious taking care also of the Cause of the Widow Poor and Fatherless by quickening the Execution of the Laws and where they were not sufficient for that purpose ordaining new ones In this Recess from War and Business He goes over into England See the Reign of Edward the Confessor and of Harold he went over into England as is related in the Reign of Edward the Confessor whither the course of this History is to be referred until the end of his Reign and also unto the end of the Reign of Harold This mighty Fame he acquired by these Actions and the opportunity he had given him [7.] Here in Ed. Confessor Of the easie Conquest of England The Clergy Ignorant and Debauch and Nobility Loose and Prophane c. of viewing and observing the chief Fortresses Cities and Castles when he was in England were no small Advantages towards the Conquest of it But that which made it easie and the Possession more peaceable were the irreconcilable Feud between Harold and his Brother Tobi the [8.] Malmsb vit Gul. 57. a. n. 54. ibid. b. n. 10. Mat. Par. vit Fred. Abb. 46. n. 30. Loosness Debauchery and Ignorance of the English Clergy and Nobility [9.] In the Manusc Book of Additaments fol. 79. b. citâ—d by Dr. Watts his Notes upon Mat. Paris fol. 3. the large Possessions of Religious Houses which if they had been in the hands of Temporal Lords would have enabled them to have made Resistance but being in their hands (m) William answered the Abbat of St. Albans giving him this reason of the easiness of the Conquest and quiet possession of England That if this were the cause the Conquest of England might be as easie to the Danes or any other that should make War upon him Ibidem and he should not know how to defend his Kingdom and thefore began with him and took away some of his large Possessions to maintain Soldiers for the defence of the Nation almost all his Lands and Lordships as 't is said there between Barnet and London Stone they neither would or ought to oppose him who they thought had right to the Kingdom And lastly The different and jarring Saxon Danish and Norman Interests which inclined them several ways See the Reigns of Etheldred Harold the 1st Harde-Cnute and Edward the Confessor the Saxon Nobility and People would have had Edgar Atheling the right Heir of that Line their King The Danish would have brought in Swain King of Denmark who claimed from Harde-Cnute and both perhaps against the Norman Interest as being lately introduced in the Reign of Etheldred by the Marriage of Emme except such as by the example of Edward the Confessor were inclined to and trained up in the Norman Modes and Customs Norman Bishops and Great Men before the Conquest who preferred many of that Nation to great Dignities so that in this time there was [1.] Scriptor Norman 1023. Robert Arch-Bishop of Canterbury William Bishop of London * In Append n. 9. al. Wulsus who obtained the Charter of the Liberties of that City from the Conqueror Vrsus Bishop of Dorchester in Oxfordshire the greatest Diocess in England all Normans Randulph Peverell in Essex Fitz-Scrobi in Salop Ralph Earl of East-Angles Danbin de Bear Hugolin his Chancellor and Steward Swein of Essex Alfrid the Yeoman of his Stirrop and many other Laicks Men of great Power and Reputation with the People who had several Employments here especially those placed to defend the Marches against the Welsh and called in for that purpose by Edward The Conqueror after the Battle of Hastings fatal to the English [2.] Pictav 204. C. D. The Conquerors March after his Victory at Hastings to Romney having buried his dead and appointed a stout Governor in that Fortress marched to Romney where having revenged himself of the Cruel Inhabitants so they are there called for the Slaughter of some of his Men by a mistake landing at that place he thence advanced to Dover whither though an innumerable Multitude of People had betaken themselves as to a place by reason of the Castle inexpugnable yet dismayed with the Conquerors approach the place with all readiness submitted to him Dover yields who after eight days Fortification of it marching from thence and leaving his sick Men there not far from Dover the Kentish Men of their own accord came in to him sware Fealty and gave Hostages for the performance of it The Kentish Men of their own accords come into William [3.] Ib. 205 A. B. c. Canterbury sends hâ—r submission Canterbury also sends her Submission and the next day he came to the Broken (b) In Latin Fracta Turris this place is somewhere in Kent and not far from Canterbury but where I know not Tower proceeding forward and understanding where Stigand the Arch-Bishop with the Earls Edwin and Morcar and others of the Nobility
mentioned his Holiness gained the first Poâ—ut of his Usurped Jurisdiction in England although William still retained the absolute Power of investing Bishops and seemed only to use the Advice and Assistance of the Legats in Ecclesiastical Matters for that no Decree or Constitution was put in Execution without his Royal Assent [8.] Eadmer ut supra n. 49. Lanfranc made Arch-Bishop An Do. 1071. In the first year of his Reign Lanfranc Abbat of Caen in Normandy a stout Man and very much skilled in Divine and Humane Affairs was made Arch-Bishop of Canterbury and Consecrated the fourth of the Kalends of Sptember or the Twenty ninth of August [9.] Malms de gest Pon. lib. â— fol. 117. a b. The Pope Decreed the Controversie about the Primacy between York and Canterbury ought to be decided in England Afterwards going to Rome for his Pall Thomas Arch-Bishop of York whom he had Consecrated went with him where Thomas propounding to Pope Alexander the Controversie between himself and Lanfranc about the Primacy and Subjection of the See of York to Canterbury and the three Bishopricks of Lincoln Worcester and Litchfield which he claimed as subject to York The Pope Decreed That the Cause ought to be heard in England and decided by the Testimony and Judgment of all the Bishops and Abbats of the whole Kingdom [1.] Spelm. Concil vol. 2. fol. 6. Anno Domini 1072. Sir John Danis Irish Reports fol. 89. b. After two Discussions one at Winchester in the Kings Chappel there in the Castle in the Solemnity of Easter and the other at Windsor in the Feast of Pentecost it was finally determined in the presence of the King Bishops Abbats and of Hubert Legat of the Roman Church as says [2.] Fol. 8. n. 30. Paris and many other Orders of Men met there upon the (o) The Conqueror commonly kept Easter at Winchester Whitsunday at Windsor or Westminster and Christmass at Gloucester at which times were present in Court all the Temporal Nobility Bishops Abbats c. through all England so that at those times he could hold a great Council or Synod at a days warning when he pleased and at those times were commonly held the Great Councils for all Publick Affairs occasion of that Festival [3.] Malms ut supra b. n. 20 30 40. The Church of York ought to be subject to Canterbury The Jurisdiction of York extended to the further part of Scotland Upon proof made by old Authorities and Writings that the Church of York ought to be subject to the Church of Canterbury and the Arch-Bishop of York to obey the Arch-Bishop of Canterbury in all things pertaining to Christian Religion as the Primate of all Britain That the Bishoprick of Duresm and all the Countries from the bounds of the Bishoprick of Litchfield and from the great River Humber unto the furthest part of Scotland should be the Province and under the Jurisdiction of York so that if the Arch-Bishop called a Council wherever he pleased the Arch-Bishop of York with his Suffragans were to be present there and give obedience to what should be determined That the Arch-Bishop of York ought to receive Episcopal Benediction from him and under Oath to make unto him Canonical Profession To these Constitutions the King Arch-Bishops Bishops Abbats and all these present agreed and as [4.] Hist Nov. fol. 9. n. 20. Eadmer says who had most reason to know best they were confirmed by the Testimony of the Kings Seal About this time he amended [5.] Cart. in Append. n. 11. The Ecclesiastical and Civil Jurisdiction distinguished the Episcopal Laws which had not been well observed by the Common Council of his Arch-Bishops Bishops Abbats and all the Chief Men of his Kingdom and Commanded by his Regal Authority That no Bishop or Arch-Deacon should hold Pleas in the Hundred concerning Episcopal Laws nor should bring any Cause pertaining to the Government of Souls before a Secular Judicature but that every one that had transgressed Episcopal Laws should be judged in a place where the Bishop should appoint according to the same Laws and Canons * This is left out by Mr. Selden f. 167 168. Not. in Eadmer No Sheriff Minister or Laick to meddle with Episcopal Laws and if any one was so obstinate as not to appear at the third Summons he should be Excommunicated and if need were the Kings or Sheriffs Power were to be added and further Commanded That no Sheriff Minister or Laick should intermeddle with the Bishops Laws Before this the Bishop sat with the Sheriff in the County Court or Turn and with the Hundredary in the Hundred Court if he pleased where they promiscuously determined Ecclesiastical and Secular Causes and from this time the separation of both Jurisdictions bear date And further out of the fulness of Ecclesiastical Power with which he thought himself invested in right of his Crown [6.] Cleopat E. 1. Bibl. Coâ—ton 1. vol. of the State of he Church ex Chart. Willielmi sub sigillo ibid. by the Assent of Lanfranc Arch-Bishop and Stigand Bishop of Chichester in a Council of his Bishops and Barons granted to the Church of St. Martin of Battle-Abby which he founded [7.] In Append n. 12. An. Do. 1086. all the freedom from subjection imaginable and that although it was within the Diocess of Winchester yet it should not be subject to the Bishop Great Priviledges granted by William to Battle Abby and that in his Visitation he should not lodge there nor in any of the Maners belonging to it and that in all things in the same Church and a League every way round about it the Abbat should be Lord and Judge The Violators of which Constitution were for ever anathematized by Lanfranc Archbishop Stigand aforesaid Walkelin Bishop of Winchester Wolstan Bishop of Worcerster all then present The Pope sent to William by his Legat Hubert to do him Fealty and pay him the Arrears of Peter-Pence but though willing to gratifie him in one he absolutely [8.] In Appest n. 13. The Conqueror refuseth to be Feudatary to the Pope denied the other and refused to become his Feudatary or Vassal for the Kingdom of England Archbishop Lanfranc in this Kings Reign held and presided in many Councils in one at London [9.] Spelm. Concil fol. 7 8. vol. 2. Anno Domini 1075. Bishopricks removed from Villages to Cities The Clergy not to give Judgment in loss of Life or Member wherein because it was forbidden by the Councils of Sardis and Laodicea that Bishops Sees should be in Villages therefore by the Kings Munificence and Authority of this Synod Bishop Hermannus removed from Sherborn to Salisbury Stigand from Selsey to Chichester Peter from Litchfield to Chester and afterwards Remigius from Dorchester a Village in Oxfordshire to Lincoln It was also Ordained in this Council that according to the Council of Eliberis and the Eleventh of Toledo both Cities in Spain that no Bishop or Abbat
or any of the Clergy should give Judgment concerning the Life of any Man or loss of Member nor by their Authority should countenance any that do it Another he held at Winchester [1.] Ibidem fol. 13. Anno Domini 1076. No Canon to Marry Priests in Burghs and Cities might retain their Wives wherein it was Decreed That no Canon should Marry and that Priests which lived in Burroughs and Villages that had Wives should not put them away but if they had none they were prohibited to take any and Bishops were to take care that they did not Ordain Married Men either Deacons or Priests [2.] In Appen n. 14. The Origin of Exempts and Peculiars Archbishop Lanfranc exempted all the Clerks or Parish-Priests of the Towns belonging to him or where he was Lord or presented to the Living in any Diocess from the Jurisdiction and Visitation of the Bishop which might be the Original of Peculiars These were the Ecclesiastical Affairs in England in the time of William the First what they were then in Normandy and how alike to them here may be seen in the Constitutions made there [3.] In Appen n. 15. 1080. In the last year of his Reign [4.] Florâ— Wig. fol. 642. Anno Domini 1087. many of the chief Cities of England and London burnt Order vit fol. 663. C. almost all the chief Cities of England were burnt and the greatest and best part of London with the Church of St. Pauls King William dying on the Ninth of September 1087. as was noted before left Issue by Maud Daughter of Baldwin Earl of Flanders 1. Robert his eldest Son Florent Wigor fol. 642. Anno Domini 1087. according to the Will and Bequest of his Father succeeded him only in the Dukedom of Normandy 2. Richard his Second Son Order vit fol. 573. C. who following a hard Chace in Hunting in the New-Forest was mortally hurt by the Bough of an Hasle-Tree before either his years of Marriage or Knighthood 3. William commonly called Rufus succeeded his Father in the Kingdom of England Florent Wigor ut supra as he had given it to him in his last Will and Testament 4. Henry who after the death of his Brother William without Issue was King of England and Duke of Normandy * Order fol. 659. C. he had given him by his Father only Five thousand Pounds in Money Ibid. fol. 484. D. 548. B. C. 5. Cicely his Eldest Daughter first a Nun in the Monastery of Fescamp in Normandy afterward Abbess of the Holy Trinity in Cane where she died Anno Domini 1127. July 13. Ibidem fol. 544. C. 6. Constance Married to Alan Fergant or the Red Earl of Britain for the assurance of Peace between King William and him died without Issue Lib. 8. c. 34. 7. Adelidis or Alice his Third Daughter Contracted to Harold the Usurper Fol. 573. C. Seems to be the same with Agatha Script Norm f. 1070. as Gemeticensis affirms but at his death being Marriageble died a Virgin but Ordericus Vitalis mentions not this Contract between her and Harold Ibid. fol. 574. A. 8. Adela who was Married to Stephen Earl of Blois by whom she had four Sons William Theobald Henry and Stephen who by his Uncle King Henry the First was made Earl of Mortainge and by his means was Married to Maud Daughter and Heir of Eustachius Earl of Bulloign by whom he had that Earldom and also very great Possessions in England Ibid. 573. C. Seems to be the same with Adelidis or Adelis Script Norm f. 1070. 9. Agatha who died a Virgin but reported by Ordericus Vitalis to have been first Contracted to Harold the Usurper and afterward to Amfurcius King of Gallicia but died in her Journey thither not having ever seen him THE REIGN OF William Rufus OR William the Second THE Conqueror dying on the Ninth of October An. Do. 1087. [1.] Ord Vit. fol. 763. D. Rufus brings his Fathers Donation of England to Arch-Bishop Lanfranc Robert Bloiet his Chaplain immediately came over into England with his Son William and brought with him to Lanfranc Arch-Bishop of Canterbury the Donation of his Father [2.] Ibidem fol. 663. C. Who Anointed him King who having read it made haste with him to London and on Michaelmass-day Anointed him King in the old Church of St. Peter at Westminster having first promised [3.] Eadm fol. 13. n. 50. Upon the great Promises he made to him He was Knighted by Lanfranc upon his Faith and Oath by himself and all others he could procure to vouch him to Lanfranc being not over forward to grant his desires that he would in all matters through the whole Kingdom preserve Justice Equity and Mercy defend the Peace and Liberty of the Church against all Men and also in all things obey his Council and Precepts But though Lanfranc having been his Tutor * Malms de Gest Reg. fol. 67. b. n 30. Order Vital fol. 665. D. Eudo King Williams Steward a great Instrument in setting up Rufus and also having made him a Knight brought on by these fair Engagements was the great Instrument to promote him to the Crown yet (a) He was Son to Hubert de Rie Privado to both Edward the Confessor and William the Conqueror and Envoy in the greatest and most private Matters that passed between them Eudo his Fathers Steward was little less Instrumental in his obtaining it if there be any truth in the Story cited from the Manuscript in Cottons Library [4.] Monast 2. vol. fol. 900. n. 40.50 The Keys of the Treasury at Winchester delivered to Rufus by Sir William Dugdale for he upon the occasion of his Fathers Grant incited William Rufus to be active in his own Affair and then hastning into England so insinuated himself into William de Ponte-Arche that he obtained from him the Keys of the Treasury then at Winchester and passed to Dover where he obliged by Oath the Guardians of the Castle that they should not deliver the Keys of that Fortress to any without his Advice The like he did at Pevensey Hastings and other Maritime Castles pretending the King whose death was kept secret would stay yet in Normandy and would have good assurance of the safety of his Castles in England by him his Steward And having thus dispatched his Business he returned to Winchester and discovered the Kings death and by his Contrivance while the Nobles in Normandy were Consulting about the Succession William Rufus was advanced to the Throne In the mean time [5.] Orderic fol. 665. C. Robert Duke of Normandy distributed his Wealth amongst his Soldiers Robert Duke of Normandy his elder Brother plentifully distributed his Wealth among his Veteran Soldiers or Knights and by hope of Rewards brought into his Service a Multitude of young Soldiers but his [6.] Ibidem Treasure failing he borrowed of his Brother Henry Three thousand Pounds for which he
received the whole Country of Constantin now Contantin being then the third part of Normandy with the Cities Constance Auranches and the Monastery of St. Michaels Mount in the Sea c. Presently [7.] Ib. D. D. upon this Action of Duke Roberts in the first year of the Government of the two Brothers the chief Men that had An. Do. 1088. and were like to have great Estates in both Nations met to Treat about the division and separation of them one from another [8.] Ibid. fol. 666. A. The English and French Normans meet to Consult whether it were expedient England and Normandy should have two different Princes both of them having been under the Power and Government of their defunct Lord who by their assistance had Conquered England They were in a great straight what to do they could not serve two Lords so remote from one another [9.] Ibidem if they faithfully served Robert Duke of Normandy they should offend his Brother William and should lose their Lands and Honours in England and if they proved obedient to William Robert would deprive them of their Paternal Inheritance in Normandy [1.] Ibid. C. At last they resolved that seeing Robert was the elder and that they had Sworn Fealty to him in his Fathers Life time to set him up and make him Prince of England and Normandy for preservation of the Unity of both Nations [2.] Ibidem The chief Friends and Undertakers for Duke Robert This was the Agreement of Odo Bishop of Bayeux Eustacbius Earl of Bulloine They concluded to make Robert King of England and Duke of Normandy (b) Robert de Belesin e or de Bellismo castello [8.] Vales not Gal. in verbo Robert de Belesme who he was quasi bellisimo a Fair Castle in the County of Perch he was eldest Son to Roger de Montgomery Earl of Arundel and Shrewsbery and had the great Inheritance of his Father [9.] Orderic fol. 708. C. in Normandy when his second Brother Hugh de Montgomery enjoyed his Fathers Earldoms in England who dying without Issue they came to this Robert in the [1.] Ibidem 768. C. Tenth year of William Rufus for which he gave him 3000 l. Sterling as a Relief Robert de Belesin and many others which they Communicated to Duke Robert to whom if they would begin he promised sufficient Assistance for effecting their Design Therefore [3.] Ibidem after Christmass they passed into England fortified their Castles and in a short time stirred up a great part of the Country against the King [4.] Ibidem with these joyned Roger Earl of Arundel and Shrewsbery Hugh Grentmesnill Viscount of Leicester and many more very great Men in England or at least seemingly continued with William and favoured the design of Robert [5.] Ibid. D. who fortified Manned and Victualled their Castles and wasting the Countries almost all over the Nation expected Duke Robert with an Army out of Normandy at the Spring [6.] Ibidem King William observing the posture of his Affairs resolved to suppress these Insurrections and to that purpose Convoked Lanfranc Arch-Bishop Bishops Earls and Natural English Lanfranc the Arch-Bishop the other bishops and Natural English side with Rufus and shewed them his intention who exhorted the King to proceed against the Perturbers of the Peace and promised their ready Assistance [7.] Ibidem fol. 667. B. Rochester chosen as a place of advantage and fit for a Magazine Odo with some of the chief Normans who intended to set up Robert chose Rochester as a place of advantage and most fit for their chief Magazine being in the middle way between London and Canterbury near the Sea and near the Kentish Islands which were conveniently seated for the landing Forces and Warlike Provisions from whence at their pleasure they could keep a Correspondency with Duke Robert But [2.] Ibidem fol. 667. B. Rochester besieged Duke Robert lost the Town and Castle by sloath and want of diligence King William prevented their Designs by besieging the Town in the Month of May following where he shut up Odo Eustathius Earl of Bolloigne Robert de Belesme and many other Noblemen and Persons of inferior Rank who in vain expected the Assistance of Robert being detained only by ease and sloath from his promised Expedition [3.] Ib. C. D. The Defendents offer to yield upon Conditions out of the Town they were forced into the Castle where many perished by a raging Sickness and urged by many other necessities they sent out to King William that upon condition they might enjoy their Lands and Estates they would yield the Castle and for the future serve him faithfully as their Natural Lord. The King was angry at these Propositions Rufus denies their Conditions and sware he would take the Perfidious Traytors by force Hang and destroy them with divers kinds of death and to his Nobility having many Friends and Relations in the Castle perswading him to moderation [4.] Orderic fol. 668. B. he gave this Answer That whosoever spared Perjured Men Thieves Plunderers and Execrable Traytors took away quiet and peace from innocent Men and laid a foundation of innumerable Mischiefs to the good and harmless [5.] Ibid. D. but at length overcome by the intercession of his faithful Friends [6.] Ibidem 667. C. which were all the Bishops of England with the English Hugh Earl of Chester (c) [7.] Ibidem 669. C. He was an Esquire to Edward the Confessor and by him made Knight his Father was [8.] Ibidem Humfrid de Teliolo [9.] Ibidem fol. 512. b. Governor of the Fortress of Hastings and Son to Ansfrid the Dane His Mother Adeliza Sister to Hugh de Grentmoisnill Viscount of Leicester and Governor of * Ibidem Winchester He had his name of Rodeleds [1.] Domesd Cestrescire Atiscros Hundr or Roelent from the Castle and Territory of Roelent in the Marches of North-Wales of which he was Governor and General of all the Forces in Cheshire under Earl Hugh and not only defended it against the Welsh but Conquered much of North-Wales [2.] Ibidem which he farmed of the King for 40 l. per Annum [3.] Ibidem besides the Fee of Ross and Rowenloc which he held of the King twelve Miles in length and four in breadth Robert de Roelent William de Warrenna (d) He was Son of Haimon Earl of Corboile in Normandy [4.] Monast vol. 1. fol. 154. Col. 2. n 40. Robert Fitz-Haymon made Earl of Gloucester by Rufus and had the Estate of Brictric the Saxon Earl thereof to whom for the great Services he had done his Father and himself William Rufus gave the Earldom of Gloucester and the Possession of Brictric the Saxon who was Earl thereof before the Conquest The which Earldom and Possessions Queen Maâ—d enjoyed during her life and her Husband the Conqueror afterward This Robert had
says That the King by Edict commanded a meeting of the Bishops Abbats and Principes or chief Men of the Kingdom at Salisbury on the Twentieth of March that he might make his Son William Heir of the Kingdom and secure the Title to him The Princes or Chief Laymen knowing the Kings mind readily did Homage and Swear Fealty to him The Arch-Bishop of Canterbury and other Bishops and Abbats Swore That if he should out-live his Father they would laying aside all claims whatsoever put him in possession of the Crown and Kingdom and that when he should be King they would faithfully do him Homage Malmsbury [2.] F. 93. a. n. 30 40. All the Military Tenents in England compelled to do Homage to Prince William declareth this Transaction more fully affirming That all the Freemen of England and Normandy of whatsoever Order or Dignity or to what Lord soever they were Vassals or Tenents were compelled to do Homage and Swear Fealty to William the Son of King Henry and Queen Maude She died the [3.] Ord. fol. 843. B. Anno Domini 1118. First of May and was buried at Westminster and on the Ninth of June following died [4.] Ibidem Robert Earl of Mellent King Henry's great Counsellor It is said before that Almeric de Monteforti was Sisters Son and Heir to William Earl of Eureux who now again demands [5.] Ibid. C. A new War in Normandy many Noblemen Conspire to set up William Son to Duke Robert of the King that Earldom which he utterly denied to grant him by the Advice of Audin Bishop of that City He therefore took Arms against the King and excited almost all France to do the like The Governor of Eureux William Pointel delivered the City to him and the Bishop with his Clerks and Vassals were forced to flee from thence There joyned with him Robert de Gournay Stephen Earl of Albamarle Eustachius of Breteul Richard de Aquila Robert de Newburgh and many others who rose up against Henry and endeavoured to Establish William the Son of Duke Robert in his Fathers Estate [6.] Ibid. D. With these also joyned Baldwin Earl of Flanders who entred that part of Normandy called Tellau and burnt many Towns of whose Flames the King and his Normans were Spectators he fortified Bures and because he suspected most of the Normans he put a great Garison of Stipendiary Britans and English into it Baldwin comes before it provokes the Garison to fight where he was wounded and some time after died of his Wounds and without Issue They [7.] Ib. f. 844. D. 845. C. received likewise Assistance from the King of France and Duke of Anjou on both sides they plundered the Country took and burnt Castles and Towns On the Nones [8.] Ibid. fol. 846. B. C. A great Council at Rouen or Fifth of October there was a Council summoned at Rouen there King Henry Treated of the Peace of the Kingdom with Ralph Arch-Bishop of Canterbury and the other Barons he had called together There Geofry Arch-Bishop of Rouen spake about the State of the Church with his four Suffragan Bishops Richard of Baieux John of Lisieux Turgis of Auranches and Roger of Constance and with many Abbats Serlo Bishop of Seez was not at this Council being excused by reason of his Age and Infirmity and Audin Bishop of Eureux excused himself as being employed against the Common Enemies of the Country The War still continued in [9.] Ibid. fol. 848. B. C. The War continues in Normandy Normandy and every day almost brought the King news of some considerable Norman or Castellan revolting from him amongst whom Eustachius de Breteul an Illegitimate Son of William Earl of that place was one who had Married Julian one of King Henry's Natural Daughters he demanded great things of his Father in Law and because he would not grant them he fortified four Castles against him [1.] Ibid. fol. 850. A. Anno Domini 1119. Yet some repenting of what they had done came and submitted to the King and made their Peace with him The first was Robert Son of Ascelin Goell whose example many followed The King sent to Almaric offered him his Earldom of Eureux and invited him to accept of his favour but he refused it [2.] Ibid. fol. 851. A. The Adherents to King Henry were English Barons of Norman Extraction The Optimates or great Men which faithfully adhered to the King were Richard Earl of Chester Ralph de Conches William de Warrenna William de Rolmara William de Tancardi-villa Ralph de Sancto Victore Walter Giffart Nigell de Albiney and his Brother William and the Sons of Robert Earl of Mellent Waleran and Robert In the Month of [3.] Ibid. B. Peace concluded Prince William Marries the Earl of Anjou's Daughter May this year Prince William came from England into Normandy much to the joy of his Father who sent Mediators for Peace to Fulke Earl of Anjou and invited him kindly to his Court after the Peace was concluded between them And in the Month of June [4.] Ibid. C. the Prince was Married at Lisieux to the Earls Daughter and then the King by the Mediation of the Earl received into favour William Talvace the Son of Robert de Belism and restored to him all his Fathers Estate in Normandy After this [5.] Ibid. D. King Henry burns the Towns and Castles of his Enemies Henry marched up and down Normandy to revenge himself upon his Enemies and burnt their Castles and Towns He besieged Eureux and after he had [6.] Ibid. fol. 852. B. C. burnt that Town and the Cathedral took it While both Fire and Sword raged in the bowels of Normandy the King of France invaded it [7.] Ibid. fol. 853. C. The King of France invades Normandy on that side toward France and came as far as Audely upon the River Seyn and wished he could meet the King of England in the open Field who hearing of it gave him his desire and marching towards him came into the Plain of [8.] Ibid. fol. 854. A. The Battle of Brenivill Brenivill near the Mountain Guarclive with 500 Horse amongst whom were the Kings two Natural Sons Robert and Richard excellent Soldiers and three Earls Henry of Ou William de Warrenna and Walter Giffard and many others of great Note Edward of Salisbury carried the Banner [9.] Ibidem B. C. D. Lewis of France seeing what he had long wished for drew out 400 Horse and amongst them was William Duke Roberts Son engaged that he might deliver his Father from Prison and recover his ancient Inheritance There were also Matthew Earl of Beaumont Guido Earl of Clarmont Otmond de Chaumont William de Guarlanda General of France Peter de Manley Philip de Mont-Bray Burchard de Montmorency Baldric de Bray William Crispin The French are beaten and many other Normans They joyn Battle the French are beaten and lose 140 Horse Guido Otmund Burchard and
William Crispin were taken [1.] Ibid. fol. 855. A. The King of France was alone and lost in a Wood from whence a Country Man conveyed him to Audeley whether the remains of his routed Army was retired In this Battle were [2.] Ibidem fol. 884. D. But 900 Horsemen on both sides but 900 Milites or Horsemen on both sides unless perhaps there might be so many Milites besides their Retinue and they accounted a great number whereof only three were killed for they were so Cloathed with Iron as they could scarce be in danger [3.] Ibidem fol. 885. B. King Lewis his Standard was here taken and King Henry bought it of him that took it for 20 Marks which he kept as a token of the Victory His Horse also was taken which was sent back next day with his Saddle Bridle and whole Furniture And Prince William sent likewise his Cousen William the Son of Duke Robert his Horse which he had lost with many other Gifts When King Lewis [4.] Ibid. D. Almeric de Monteforti perswades King Lewis to raise a new Army returned to Paris Almeric de Monteforti who was not in this Fight came to Visit and Comfort him being much dejected at his ill fortune in their Discourse he encouraged him to attack his Enemies again and advised him to send to the Bishops Earls and other great Persons of the Kingdom and then the Priests with their Parochians by the Bishops Directions would go with him whether he should Command them that so by a common Army he might take revenge upon his publick Enemies and promised the utmost of his own and his Friends Assistance [5.] Ibidem fol. 886. A. The King being well pleased followed his Advice and forthwith sent his Edict to the Bishops who readily obeyed it and Anathematized the Priests and Parishioners of their several Diocesses if they went not with the King at the time he should appoint with their whole Strength against the Rebellious Normans They came from Burgundy [6.] Ibidem B. C. Berry Paris the Countries of Orleance Vermandois Beavais Laudun and le Estamps and other places as Wolves to their Prey and committed strange Outrages in their March which the Bishops permitted out of hatred to the Normans To these the King joyned an Army which he gathered from Noyon and the Isle from Tournay and Arras from Gournay and Clermont and from all the Provinces of France and Flanders The French besiege Breteul that he might restore to their ancient Honours all such as were in exile for the sake of William the Son of Duke Robert With this Army he laid Siege to Bretteuill or Breteul which is in the heart of Normandy The Governor of this place was Ralph de Guader a Britain The Valour of Ralph de Guader Governor of Breteul who valiantly sallied out upon and fought with them and commanded all the Gates of the Castle to be opened but none could enter such was the courage of the Defendants At three of the Gates there was a sharp and obstinate Conflict and many sell on both sides King Henry so soon as he heard [7.] Ibidem C. D. the French were returned into Normandy sent his Son Richard with a Supply of 200 Milites or Horse to Ralph de Guader which being discovered the courage of the Assaylants began to fail them The brave Governor went from Gate to Gate to encourage and aid his Soldiers and often changed his Armour that he might not be known The King followed his Son and those he had sent before with a great Army and resolved to fight the great Body of the French But they despairing of taking the Town were forced to return into France The French march home carrying back nothing besides plundred Goods but Ignominy and Blows [8.] Ibidem fol. 857. A. William de Chaumont the King of France his Son in Law and other haughty Soldiers much moved at their ill success before Breteul in their march home set upon the Castle of Tiliers where Gilbert the Castâ—llan suddenly sallied out upon them and took William Prisoner for whose Redemption he had 200 Marks of Silver Others also of his Company he surprised and the rest fled with disgrace Upon this success [9.] Ibidem B. C. Richer de Aquila a great Baron submitted to the King and by the Mediation of his Uncle Rotro Earl of Perch obtained his Fathers Estate both in England and Normandy The Castellans of Gloz and Lire followed his Example made their Peace and delivered them up to King Henry In the midst of [1.] Ibid. D. An. Do. 1119. October (g) This Pope was [2.] Orderic f. 848. A. Guido Arch-Bishop of Vienne in Dauphin seated upon the River Rhone a Frenchman and chosen the Second of February then last past he was Son to William Duke of Burgundy whose Mother was Alice Daughter of Richard the Second Duke of Normandy Calixtus the Pope with the Roman (h) By the Roman Senate Ordericus means * Ibidem the Colledge of Cardinals many of whom he names and says it was their special Prerogative to chose and Consecrate the Pope Senate came to Rhemes stayed there fifteen days and held a Council There were fifteen Arch-Bishops and more than two hundred Bishops An Ecclesiastical Council at Rhemes with many Abbats and Dignified Men of the Church for by the Popes Command they were called out of Italy Germany France Spain Britany and England the Isles of the Ocean and all the Western Provinces [3.] Ibidem King Henry's Prohibition and Directions to his Bishops in this Council The King of England indeed permitted the Bishops of his Kingdom to go to the Synod but did altogether prohibite them to make any Complaints of any sort whatever telling them he would do every one that complained Right in his own Land [4.] Ibid. fol. 858. A. That he paid yearly the Revenue those that had gone before him had granted to the Roman Church And yet says he I hold the Priviledges in like manner acknowledged due to me in ancient times declaring the further Liberty he gave them in these words Go ye salute the Pope in my name and only hear his Apostolical Precepts but bring none of his new Inventions into my Kingdom In this Council the King of France accompanied with his [5.] Ibidem C. D. The King of France in this Council complains of the King of England Barons came and made his Complaint against King Henry That he was his Confederate and yet committed many Spoils and Rapines upon his Subjects That he violently invaded Normandy that was a Fee of his Kingdom That against all Law and Right he detestably Treated Robert Duke of Normandy that was his Vassal and Henry's Lord and Brother That he had taken and a long time detained him in Prison And behold says he William the Son of the Duke who I present here before you he hath utterly disinherited and banished By
whole Council saith the Arch Deacon of Huntington without doubt then present at it was mad with Appeals Appeals to the Pope were now first used in England For in England Appeals were not in use until Henry Bishop of Winchester while he was the Popes Legat cruelly to his own mischief dragged them in and in this Council there were three Appeals to the Pope Besides these three there were many Appeals to Rome in this Kings Reign Upon the Vacancy of the [7.] Radulf de Diceâ—o Col. 506. lin 1. An. Do. 1136. Bishoprick of London the Dean and Canons could not agree in the Electing of a fit Person to be Bishop several were propounded The Canons without the knowledge of the Dean chose Anselm Abbat of St. Edmonds-Bury [8.] Ib. n. 30. An. Do. 1137. Anselm Appeals to the Pope and is Confirmed Bishop of London They privately take the Treasure of the Church and with their Elect that was laden with Money go to Rome Their success proved what a large Bag could do for at their return he was invested and had possession of the Bishoprick [9.] Ib. n. 50. An. Do. 1138. The Dean by two of the Canons and his Domestick Clerks Ralph de Langeford and Richard de Belmeis his Sollicitors Appeals to the Pope He having heard their Allegations and by them received the Arch-Bishop of Yorks Letter and Certificate concerning Anselm and with the [1.] Ibid. Col. 507. lin 4. The Dean of London Appeals to the Pope and Anselm is turned out Cardinals having seriously debated the matter pronounced by the Mouth of Alberic Bishop of Ostia That since the Election of the Canons was made without the knowledge of the Dean who ought to have had the first Voice it was therefore void [2.] Ibidem n. 50. And then the Pope committed the Care of the Church of London by the Kings favour to the Bishop of Winchester and so held it as it were in Commendam from the Pope two years This Man had ill luck for after he had possession of the Bishoprick of London [3.] Ibid. Col. 506. n. 50. Ordingus the Prior was chosen Abbat of St. Edmonds-Bury and so he lost both Richard de Belmeis aforesaid had been [4.] Ibidem Col 5â—7 n. 10 20 30. An Appeal to the Pope for the Arch-Dâ—aconry of Middlesex made Arch-Deacon of Middlesex but was too young to execute the Office which Hugh one of his Uncle Richard de Belmeis the then Bishop of London's Chaplains was to manage for him When Richard became â—it for the Office and his Uncle the Bishop of London was dead Hugh refused to restore it unto him He Appeals to the Pope who sends his Letters or Brief to the Bishops of Lincoln and Hereford to hear the Cause who gave it to Richard In the year 1147. Pope Eugenius held a Council at Rhemes [5.] Chron. Gervas Col. 1363. n. 30. The Clerks of the Church of York Appeal to the Pope He Deposeth the Arch-Bishop of York in this Council appeared some Clerks of the Church of York with Henry Murdack Abbat of Fountains accusing William Arch-Bishop of York That he was neither Canonically Elected nor Lawfully Consecrated but intruded by the King at length the foresaid William was Convicted and Deposed Alberic Bishop of Ostia pronouncing the Sentence and saying We Decree by Apostolick Authority That William Arch-Bishop of York be Deposed from the Bishoprick because Stephen King of England Nominated him before Canonical Election When as therefore [6.] Ibidem n. 40 50. The Pope Commands the Chapter to choose a new Arch-Bishop c. He that had the fewest Suffrages is made Arch-Bishop Pope Eugenius on his own Will and by the Consent of the smaller number of Cardinals had Deposed St. William Arch-Bishop of York the Chapter of that Church Convened by his Mandate chose an Arch-Bishop or rather Arch-Bishâ—ps the Major part of the Chapter chose Hilary Bishop of Chichester the other part chose Henry Murdac Abbat of Fountaines When both Elections were presented to the Pope he confirmed the Election of Henry Murdac and Consecrated him with his own Hands Strife between the Legat and Arch-Bishop While Henry Bishop of Winchester was the Popes Legat there were great Strife and Animosities between him and Theobald Arch-Bishop of Canterbury he stretching his [7.] Gervas Act. Pontif. Cantuarien Col. 1665. n. 20 30. Legantine Priviledge mightily beyond what he ought and called his own Arch-Bishop and the Bishops of England to meet him when and where he pleased Theobald taking it ill and scorning to be thus over-awed by the Industry of Thomas a * This was Thomas Becket afterward Arch-Bishop of Canterbury The Arch-Bishop made â—egat Appeals first used in England Clerk of London whom he sent to Rome he dealt so effectually with Pope Celestin who succeeded Innocent that he removed Henry and made Theobald his Legat. From hence arose great Discord Contentions and several Appeals never * Ibidem The Canon Law first used in England heard of before Then the Laws and Lawyers were first called into England meaning the Canon Law and Lawyers the first Teacher whereof was Master Vacarius who Read at Oxford These Appeals to Rome were very Chargeable and besides nothing could be done without Friends and Gifts or Presents This Kings Reign was not very long but never quiet and free from intestine War Confusion and Unsetledness which gave the Pope and Clergy great opportunities to incroach upon Regal Power and bring in such Laws The Reasons why those Appeals and Laws obtained in England Usages and Customs as were not before practised in this Nation For the King dare not oppose these Practises because his Title wholly depended upon the Popes Confirmation of his Election as they called it by half a dozen Persons and his Brother Henry Bishop of Winchester who set him up and was Legat a great part of his Reign dare not but comply in all things with the Pope if it were not his inclination so to do nor Arch-Bishop Theobald after him lest they might be Exauthorated and lose a place of mighty Power at this time as well as Profit Scutages Subsidies or Taxes I read of none during all this Kings Reign both Armies and Pretenders lived by Plunder and Rapine and maintained themselves chiefly by the Ruine and Destruction of their Adversaries their Men and Tenents King Stephen by his Wife Maud had [8.] Mr. Sandfords Geneal Hist f. 42. Baldwin his eldest Son who died in his Infancy 2. [9.] Ibidem Eustace Earl of Bologne he Married Constance Daughter of Lewis the Seventh King of France and Sister to Lewis the Gross and died without Issue 3. * See King Stephens Charter in the Append n. 35. William [1.] Ibidem f. 43. Earl of Mortaign and Bologn Lord of the Honours of Aquila or Eagle and Pevensey Married Isabel the Daughter and Heir of William the Third Earl of Waren and Surrey
up his Army The King of France sent to the King of England the Arch-Bishop 〈◊〉 Sens Earl Henry and Earl Theobald unto him to let him know next day which was the peremptory day he would have Conference with him but he neither came nor sent and so he by a trick gained the Burgh The great Burgh gained by a trick The King of France his Army flies King Henry the elder Relieves Verneul When he had it the King of France dare not keep it but entred the Town plundered it burnt the Burgh and slying carried the Burghers Prisoners with him into France So soon as the King of England knew it he pursued them killed many and took very many and returned that Evening to Vernol Lodged there that Night and Commanded the Walls that were battered down to be repaired up This Action was on the 9 th of August Next day he went from [9.] Ibidem n. 30 40. Takes Damvile Vernol or Verneuil and took Damvile the Castle of Gilbert de Tileres and in it Multos Milites Servientes many Knights and Esquires or Servants from thence he came to Roven and sent his Brabanters in which he most conâ—ided Sends his Brabanters into Britany into Britany against Hugh Earl of Chester and Ralph de Foâ—geres he was Lord of a Castle of that name in the Conâ—ines of Normandy and Britany who had seized upon almost all that Country The Earl and Ralph came to meet them and in a pitch't Field and plain Battle the Britans were vanquished The Britans vanquished in a pitch't Field Seventeen of their stoutest Knights taken those two and the most Potent of the Britans fled to the Castle of Dole In the Battle were taken seventeen of the stoutest Knights Hasculf of St. Hilary William Patricius or Patric Haimer de Falcilia Patric de Landa Geofry Farsi William de Rulent Ralph de Sennes John Pincerna or Butler the * He was the deputy-Deputy-Lord Casteliaâ— or Governor of Dole 1500 Britans slain Viguier or Vicar of Dole William de Leges William de Mota Robertus de Treham Paganus Cornutus Reginald Pinzun Reginald de Campo Lamberti Eudo Bâ—stardus besides many others Horse and Foot and there were slain above 1500 Britans in the Battle which was fought on the Twentieth day of August The next day [1.] Ibidem n. 50. b. lin 1 c. The Brabanters besiege Doâ—e in Britany The King of England goes to them The Tower of Dole rendred after this Battle the King of England had news of it and forthwith marched towards Dole which the Brabanters presently after their Victory had invested and gave order for his Peâ—rars Machins to cast great Stones into Towns or against the Walls to be fitted and prepared with other Warlike Engines but the Earl of Chester and such as were with him in the Tower not being able to defend it rendred themselves on the Twenty sixth day of August and in like manner all Britany with its Fortresses and Places of Strength was delivered to him [2.] Ibidem b. n. 10 20. The Earl of Chester taken Prisoner and all Britany reduced The Historian names fourscore Earls Barons and Great Men that were taken in this Tower or Castle besides as he says many others he did not name After these [3.] Ibidem n. 30. A Treaty between the King and his Sons Victories the King of France and his Adherents began to despair and endeavoured by all means to make Peace between King Henry and his Sons The place appointed for the meeting and Treaty was between Gisors and Trie Thither came Lewis King of France with the [4.] Ibidem Arch-Bishops Bishops Earls and Barons of his Kingdom and brought with him Henry Richard and Geofry Sons of King Henry who came also with the Arch-Bishops Bishops Earls and Barons of his Dominions on the Twenty fifth of September [5.] Ibidem In hoc Colloquio In this Conference and Treaty the King the Father offered the King his Son His great Offers to them half the Rents of his Demesns of England and four Castles there or if his Son had rather Reside in Normandy he offered him half of the Revenue of that Dukedom and all the Revenue of Anjou three Castles in Normandy one in Main one in Anjou one in Turain [6.] Ibidem To Richard he offered half the Revenue of Aquitan and four Castles there and to his little Son Geofry he offered all the Hereditary Estate of Earl Conan if by the consent of the Pope he could Marry his Daughter Constance [7.] Ibidem n. 40. And further he referred himself to the Judgment of the Arch-Bishop of Moustierâ—en Tarantais and the Popes Legats to add to their Revenues what they should think just and equal reserving to himself Royal Justice Dignity and Power But it was not the mind of the King of France such a Peace should be made for presently after the Treaty he and the young King [8.] Ben. Ab. p. 52. b. Hoved. ut sup n. 50. The Earl of Leicester comes into England with an Army of Flemmings Hageneth Castle taken sent Robert Earl of Leicester with an Army of Flemmings into England who with his Countess and Army landed upon the Coast of of Suffolk about the Feast of St. Luke and were received by Earl Hugh Bigod into his Castle of Framingham where he furnished them with Necessaries The Earl besieged Hagenet a Castle whereof Ranulph de Broc had the keeping and within four days took it and proceeding from thence to Leicester it was told him there was a great Force got together about St. Edmunds-Bury and being surprized at the News he returned At this time Richard de Lucy [9.] Ibidem Ben. Ab. p 53. a. â—oved f. 307. a n 10 20. Richard Lucy and Humfrid de Bohun make Truce with the King of Scots Justiciary of England and Hâ—mphry de Bâ—hun the Kings Constable were gone forth with a great Army to waste the Dominions of the Kings of Scotland they had burnt Bâ—rwick and spoiled the Country round about it but receiving the News of the Earl of Leicester they made Truce with the King of Scots until the Feast of St. Hillary and gave and took Hostages on either side for the performance of it This done Humphry de Bohun marcheth as fast as he could toward St. Edmunds-Bury expecting the coming of the Earl of Leicester There came into his assistance Reginald Earl of Cornwall * This should rather be William for Robert was then Son to William Earl of Gloucester They with the assistance of other Earls rout the Earl of Leicesters Army And kill Ten thousand Flemmings The Earl of Leicester and his Countess taken Prisoners Robert Earl of Gloucester and William Earl of Arundel about the Feast of All-Saints came from Framingham with his Army near to St. Edmunds-Bury in a place called Fornham in a Marsh or Meadow not far from the Church of St.
in England the King of France recalled the young King and Earl of Flanders from the Sea Coast and with a great Army besieged Roven but prevailed little against it for the Barons and Knights of Normandy that heartily loved Henry the Father put themselves into the City and courageously defended it This news coming to King Henry the elder his Affairs in England being in a great measure setled with great speed he went to Portsmouth and on the Eighth of August being Friday landed at Barfleu in Normandy and carried with him his Brabanters and One thousand Welsh With him he also carried William King of Scots the Earls of Leycester and Chester and first imprisoned them at Caen and afterward at Falais On Sunday next he came to Roven the next Morning early he sent the Welsh beyond the River Seyn to search the Woods on that side of the Town where the King of France was with his Army they met with forty Waggons laded with Wine and Victuals from France The Welsh take a French Convoy of Wine and Victuals the Drivers and Convoy fled the Welsh pursued and took some and killed others and returning to their Prize they broke the Waggons and staved the Wine Vessels leading away the Horses The Report whereof coming to the King of France and his Army they thought of nothing but slight The King of England in the mean time cleared the Gates the Citizens had stopped up and marching out filled up the Ditch which was drawn between the King of France his Army and the City The King of France then Commanded That his Stone-Casting and other Warlike Engines should be broken and burnt He also Commanded his Soldiers to Arm. The King of England came up to his Tents with his Soldiers or Knights and their Servants and the King of France his Knights and Servants or Esquires came out of their Tents and charged furiously the English The English beat the French who took and wounded many of them and killed most of their Horses Next Morning William Arch-Bishop of Sens and Theobald Earl of Blois came to the King of England and asked Leave that the King of France might safely Retreat with his Army to Malhauny The Siege raised upon Condition he came next day to Treat with the King of England and that he should do so they both obliged themselves by their Faiths and Oaths and so the King of France departed with his Army to the place appointed and there staid but about Midnight The King of France regards not his Promise An. Do. 1174. he privately caused his Soldiers to march and they halted not until they came into France not regarding the Faith and Oaths of the Arch-Bishop or Earl by which for his advantage they had obliged themselves This Retreat of the King of France happened on the Fourteenth of August On the day following the Arch-Bishop and Earl came again [4.] Ibidem p. 58. b. p. 59. a. to King Henry the Father and propounded a * Colloquium That was the word as much used in the old Historians French and English as Concilium was for a Parliament Richard Earl of Poictou Rebels against his Father He flies before his Father and leaves his Castles and Fortresses He casts himself at his Fathers Feet and begs Pardon Conference or Treaty between him and the King of France at Gisers upon the Feast of the Nativity of the Virgin Mary or Eighth of September at which time they met but could not agree but appointed another Colloquium or Treaty on Michaelmass-day between Tours and Ambois upon Condition that the King of England the mean while might march into Poictou to subdue his Son Richard they swearing That neither the King of France nor the youg King nor any for them or on their Party should give or send him Relief When he came into Poictou his Son Richard dare not stand him but fled from every place where he thought he would come and relinquished the Castles and Fortresses he had formerly taken and when he heard the King of France and his Brother had made Truce with the King his Father and excluded him he was mightily troubled and came weeping and cast himself at his Fathers Feet and asked his Pardon He moved with Paternal Compassion received him into favour and kissed him [5.] Ibidem p. 59. a. Hoved. f. 309. a. n. 30 40 50. Who forgives him This Peace was made between his Father and him on the Twenty third of September Richard went with his Father to meet the King of France and his Brother that he might inform them what he had done On Michaelmass-day all Parties met between Tours and Ambois according to Agreement and the day following the young King and his Brothers All his Rebellious Sons submit to his Mercy according to the Advice of the King of France submitted themselves to their Fathers Mercy and made with him Articles of Peace and confirmed them with their Seals I. The young King [6.] Append. n. 35. Articles of Peace between old King Henry and his Sons Henry and his Brothers Richard and Geofry should return to the Obedience of their Father notwithstanding any Oaths of which they were to be absolved they had made between themselves or with others against him or his Men. II. That all their Men Tenents in Military Service or such as had otherwise done Homage to them and Barons such as held immediately of them their Baronies that had for their sakes receded from the Fidelity they ought to their Father were by them to be freed and acquitted from the obligation of such Oaths and Covenants they had made with them and so were to return into the Homage and Allegiance of their Lord the King III. The King his Men and Barons were to re-have and possess all their Lands Castles c. which they had fifteen days before the Rupture between Father and Sons Likewise the Kings Barons and Men that left him and followed his Sons were to have again all their Lands they had at the same time IV. The King the Father remitted all Evil Will towards his Barons and Men which left him so as for that he would do them no Evil so long as they served him faithfully as their Liege Lord. The like the young King remitted to all Clerks and Laicks which were in his Fathers Service and gave Security he would not procure their hart or damage in his whole Life V. By this Concord the King was to give his Son Henry two convenient Castles in Normandy by his own appointment and 15000 l. yearly of Anjou Money To his Son Richard two convenient Receptacles or Places of Receit in Poictou so as no damage might accrue to his Father from them and in Money half the Revenue of Poictou To his Son Geofry he gave in Money half the Fortune or Revenue he was to have by his Marriage of Earl Conans Daughter and after he was Married to her by Consent of
fought with the Brabanters and overcame them and by the assistance of his Brother King Henry he took many Towns and Castles and forced the Submission of many Viscounts or Sheriffs of Towns with small Territories and Castles in Poictou and the Places adjoyning unto him And in the same year not long after [7.] Ib. f. 316. b. n. 10 20. The King demolishes several Castles in England and Normandy the King caused the Walls and Castle of Leicester to be demolished as also the Castles of Groby Treske Malesart and the new Castle at Alverton the Castles of Framingham and Bungey and almost all the Castles of England and Normandy that were fortified against him The Castle of Pasci or Pacey in Normandy he retained in his own hands and placed a Garison in it as likewise the Castle of Montsorrel which was Sworn to be his own Propriety by Recognition of Lawful Men of the Vicenage About the beginning of October [8.] Ibidem f. 317. a. n. 50. The King of Scot and brings Fergus Prince of Galway to the King of England this year William King of Scotland came into England to the King and brought with him Gilbert Son of Fergus Prince of Galway who killed his Brother Vctred who did Homage to King Henry the Father and sware Fealty to him against all Men and gave to the King to be restored to favour or for his Peace One thousand Marks of Silver and his Son Duncan an Hostage or Pledge for his Peaceable and Loyal Behaviour In a General Council at [9.] Ib. f. 320. a. n. 30. The King restores several Noblemen to their Lands and Dâ—gnities Northampton soon after St. Hillary or the Thirteenth of January the King restored Robert Earl of Leicester to all his Lands in England and beyond Sea which he had fifteen days before the War except Pacey and Montsorrel Castles And also to Hugh Earl of Chester all the Lands he was possessed of at the same time and to William de Albeny Son of William Earl of Arundel the Earldom of Sussex Alfonsus [1.] Ibid. b. n. 30 40 50. An. Do. 1177. The Kings of Castile and Navarre refer their differences to be determined by the King of England King of Castile and Sanctius King of Navarre after many Debates and much Wrangling referred all their Claims and Controversies to be determined by the King of England and there were sent several Bishops and Great Men and choice and able Persons Proctors and Advocates to Alledge and Answer for either of them and to receive the Judgment of the Court of England With these came two Knights and Champions of wonderful Courage and Audacity bravely accoutred with Horse and Arms and fitted for Duel if Judgment had been that way given in the Kings Court These Messengers came into England between Christmass and Lent and the King summoned all the Bishops Abbats Priors Earls and Barons to meet at London on the first Sunday in Lent when they were come together the King ordered the Proctors and Advocates on both sides to bring in their Claims and Allegations within three days in Writing and so interpreted as he and his Barons might understand them which when they had heard read and also heard the Allegations on both sides the King ordered [2.] Ben. Ab. p. 89. a. the Messengers before his Bishops Earls and Barons to be there again all Excuses laid aside upon Sunday following to receive his Judgment So that this great Affair was determined in eight days The Demands Allegations and Pretences on both sides and the whole Process with King Henry's Award are to be found in Hoveden fol. 320. b. n. 40 c. See also the Judgment it self by the Bishops Earls and Barons which is very short though the Kings Exemplification of it under his is very much longer Bromt. Col. 1124. n. 20. The King [3.] Ibidem p. 86. b. The King Summons his Noblemen and Knights in Capite to follow him into Normandy Commanded this year all the Earls Barons and Knights of the Kingdom which held of him in Capite to be at London well prepared with Horse and Arms fifteen days after Easter to follow him from thence into Normandy and stay with him a whole year beyond Sea in his Service at their own Charges At Easter the [4.] Ibidem p. 96. b. Anno Dom. 1177. The King with his Earls and Barons go in Pilgrimage to St. Edmunds-Bury to Ely and Gaidington King with his Earls and Barons kept his Court at Wy in Kent and after the Solemnity went to London and from thence in Pilgrimage in perigrinatione to St. Edmund the King and Martyr to the Monastery at St. Edmunds-Bury where he was the Sunday after Easter The next day he went to Ely in Pilgrimage to St. Audry and from thence he went to * Perhaps Gayton in Cheshire or Gaiton in Northamptonshire as Gervase of Canterbury says Col. 1522 l. 3. Gaidington or Gaitintune where many Welsh flocked about him and sware Fealty to him [5.] Ibidem Hither by his Command came to him Roger Arch-Bishop of York Reginald Bishop of Bath John Bishop of Norwich and Adam Bishop of St. Asaph and many Earls and Barons of the Kingdom to Treat of the Peace and Settlement thereof [6.] Ibidem p. 97. a. The Lords and Knights of the Kingdom come to Windsor to go where the King should Command The King removes several Constables of Castles and places others in their room and when they had Treated some time there the King removed to Windsor and the Arch-Bishop and other Bishops with him where came to him almost all the Earls Barons and Knights of England provided with Horse and Arms to go whether the King should Command And when they had Treated further there about the Peace and Establishment of the Kingdom by Advice of his Bishops Earls and Barons he removed the Constables of several Castles in the North of England and made Knights which were of his own private Family Constables William Stutevill he made Keeper of the Castle of Rokesburgh and Roger Stutevill of the Castle of Edinburgh and William Nevill of the Castle of Norham and Roger Arch-Bishop of York of the Castle of Scarburgh and Geofry Nevill of the Castle of Berwick and Roger Comers of the Tower of Durham which the King took from [7.] Ibidem Hoved f. 323. b. n. 20. Hugh Bishop of Durham because he served him falsely in the time of War and for that reason and that it might stand and not be demolished and for the Kings Peace and that his Son Henry de Puteaco or Pudsey might enjoy the Maner of Wicton with its Appurtenances the Bishop gave the King 2000 Marks From Windsor [8.] Ben. Abb. p. 97. b. The King Commands the Welsh Kings to meet him at Oxford Who with many other Noblemen did Homage to him the King went to Oxford where he had Commanded the Welsh Kings and the most Potent Men of
of Richard Bishops of Winchester Henry Bishop of Bayeux Giles Bishop of Eureux Froger Bishop of Sees and in presence of Simon Earl of Eureux and Robert Earl of Leicester and before many other Earls and Barons of his Kingdom That no Man presume to take the Goods of a Vassal for the Debt of his Lords nequis pro Domini debito res hominis capere praesumat unless the Vassal was Pledge or Surety for the Debt of his Lord but the Rents of Vassals which they are to pay to their Lords shall be paid to their Lords Creditors not to the Lords The other proper Goods of Vassals shall be in peace neither shall it be lawful for any one to Distrein namtire non liceat or take them for the Debts of their Lords This Statute and this Custom Hoc Statutum Consuetudinem hanc c. the King Ordained should be firm and general in all his Towns and every where in his Dominions viz. in Normandy Aquitan Anjou Main Turain and Britany and that it might be stable permanent and firmly observed and kept it was Written and Confirmed with his Seal After this the King [3.] Ibidem 110. a. The King of England summons his Earls and Barons of Normandy to appear with Horse and Arms. by his Writ summoned the Earls and Barons of Normandy to meet him at Argenton on the Ninth of October prepared with Horse and Arms for his Service and went to Alencon and sent his Son Richard into Poictou to subdue his Enemies King Henry desirous to return into England sent to Lewis King of France and obtained his Letters of Protection in this Form [4.] Hoved. f. 327. a. n. 30. An. Do. 1178. The King of France gives the King of England Letters of Protection LEWIS King of France to all whom these Presents shall come Greeting Know ye that We have received into Our Custody all the Lands of Our Most Dear Brother Henry King of England on this side the Sea if he shall happen to pass into England or go on Pilgrimage so that when his * Baillivi sui Bayliffs or Officers shall Require Vs We shall truly without Design give them our Counsel and help for the Defence and Protection of the same After his coming out of [5.] Ibidem f. 331. a. n. 40. Geofry Earl of Anjou Knighted by his Father His Military Exercise and Ambition Normandy into England at Woodstock he Knighted his Son Geofry Earl of Britany who soon after passed into Normandy and in the Confines of France and that Country was at a Torneament or the Exercise of Feats of Arms where he was ambitious to have the Reputation of a Courageous Kngiht and the rather because his Brothers Henry and Richard had acquired great Honour and Renown in such Military Exercises Peter of St. Agatha [6.] Ibidem b. n. 10. The King puts an Oath upon the Popes Legat. An. Do. 1179. the Popes Legat came this year through England to summon the Bishops and Abbats of Scotland and Ireland to a General Council at Rome but before he had leave to pass through the Kingdom he made Oath not to do or seek to do any Injury to the King or Kingdom and that he would return the same way [7.] Ibidem f. 332. a. n. 50. And upon the Scottish and Irish Bishops and Abbats An. Do. 1179. The same Oath the Scottish and Irish Bishops and Abbats took before they had passage given them to go this way with the Legat. After Easter the King [8.] Ibidem f. 337. a. n. 20. England divided into four Circuits held a great Council at Windsor and by the common Advice of his Arch-Bishops Bishops Earls and Barons he divided England in four parts and to every part he appointed Wise Men to do Justice in the Land After this manner I. Richard Bishop of Winton Richard the Kings Treasurer Nicholas Fitz-Torold Tho. Basset Robert Witefeld Hamshire Wiltshire Gloucestershire Dorsetshire Sumersetshire Devonshire Cornwall Berkshire Oxfordshire II. Geofry Bishop of Ely Nich. the Kings Chaplain Gilbert Pipard Reginald de Wisbech the Kings Clerk Geofry Hosee Cambridgeshire Huntingtonshire Northamptonshire Leicestershire Warwickshire Worcestershire Herefordshire Staffordshire Shropshire III. John Bishop of Norwich Hugh Murdac the Kings Clerk Michael Belet Richard Del Pec. Radulph Brito Norfolk Suffolk Essex Hertfordshire Middlesex Kent Surrey Sussex Buckinghamshire Bedfordshire IV. Godfrey de Lucy Johannes Cumin Hugh de Gaerst Ranulph de Glanvill William de Bendings Alanus de Furnellis Nottinghamshire Derbyshire Yorkshire Northumberland Westmerland Cumberland Lancaster The last six were appointed [9.] Ibidem b. n. 20. Justices in the Kings Court to hear the * Clamores populi Clamor a common word then for a Suit or Petition Clamours or Business and Suits of the People and had the last seven Counties assigned them This year Lewis King of [1.] Jo. Brom. Col. 1139. n. 40 50.60 c. An. Do. 1179. The King of France calls together all his Bishops Earls and Barons to Crown his Son Philip at Rhemes His Son falls sick He had a Vision by which he was admonished for his Sons Recovery to visit the Martyr of Canterbury so called France cited all the Arch-Bishops Bishops Earls and Barons of his Kingdom that they should without Excuse be in the City of Rhemes on the Assumption of the Virgin Mary that is the Fifteenth of August to Crown his Son Philip then Fifteen years old They hastned to come as they ought to do but just before the time his Son fell into a great Sickness so as many despaired of his Life his Father grieved night and day and was mightily afflicted for his Son Being thus without Comfort one Night when he had happily fallen into a sound Sleep St. Thomas the Martyr of Canterbury appeared to him and told him the Lord Jesus Christ had sent him his Servant to him to let him know That if he believed and with Contrition went to visit his Servant Thomas the Martyr of Canterbury his Son should recover his Health He discovered this Vision to his Friends and asked their Advice who told him it was dangerous to pass by Sea into another Mans Country Roger Hoveden is more modest in this Story and only says he was admonished by Divine Revelation He comes to Canterbury Offers and Prays at his Tomb. Gives the Monks 100 Measures of Wine every year And grants them a Charter of many Priviledges in France c. The next Night the Martyr appeared the second and third time and told the same Story and added Threats if he went not quickly and obeyed the Command of God He came and the King of England met him at Dover on the Twenty second day of August and Conducted him to the Tomb of the Martyr where the King of France Prayed and offered a great and precious Golden Cup and gave to the Monks of Holy Trinity for ever yearly One hundred Measures of Wine Centum Modios Vini to be
is cited by the Sheriff of Kent and appeâ—rs in the Kings Court. Request of John he appointed another day to wit the first day of the Council and sent his Writ to the Sheriff of Kent to Cite the Arch-Bishop for the King would not write to him because he would not salute him Nor had he any other Solemn Summons to the Council by Letter according to ancient Custome [8] Ibid. The Arch-Bishop appeared and said he was come by the Kings Command for the cause of John The King replyed that John was in his service at London and would be there on the Morrow and then their cause should be discussed [9] Ibidem Erat siquidem Johannes ille cum Thesauriis caeteris fiscalibus pecuniae publici aeris Receptoribus Londoniis ad Scaccarium Vbi etiam placita Coronae Regis Tractantur for this John was amongst the Officers of the Receipt of the Chequer in London where also pleas of the Kings Crown were handled or holden That first day there was nothing more done between the King and Arch-Bishop the King bad him go home and return to his cause on the Morrow On the Second [1] Ib. Col. 2. day before all the Bishops except the Bishop of Rochester and another which were not then come and all the Earls and Barons of England and many of Normandy Archiepiscopus lese Majestatis Coronae Regiae arguitur The Arch-Bishop was accused of Treason because as is said before he was cited by the King in the cause of John and neither came nor made a sufficient Excuse The Arch-Bishops defence signifyed nothing yet he Alledged the foresaid Injury of John the proper Jurisdiction of the Cause and the Integrity of his Court. The King [2] Ibidem The King demands Judgment Demanded judgment no Reason of the Arch-Bishop was approved It seemed to all out of Reverence to Royal Majesty and the Bond of Liege Homage that the Arch-Bishop made to the King and from the Fidelity and Observance of Terrene Honor which he had Sworn to the King That he made smade small Defence because when cited by the King he neither came nor by his Messengers alledged any Corporal infirmity He is Condemned in the forfeiture of all his moveables or necessary administration of any Ecclesiastical Office that could not be deferred And they Condemned him to be in the Kings Mercy for all his Moveable Goods There was a Difference [3] Ib. p. 23. Col. 1. Difference between the Bishops and temporal Barons in pronouncing Judgment between the Bishops and Barons who should pronounce Judgment each of them imposed it upon other excusing themselves The Barons said you Bishops ought to pronounce sentence it belongs not to us we are Lay-men you Ecclesiastical persons So he you are his fellow-Priests and Fellow-Bishops To these things [4] Ibidem one of the Bishops Answered yea it s rather your Office then ours for this is not an Ecclesiastic Sentence but a Secular we sit not here as Bishops but Barons we are Barons and you are Barons we are Peers or aequals here pares hic sumus You cannot rely upon our Order for if you have respect to that in us you must also have Regard to it in him and then as we are Bishops we cannot Judge our Arch-Bishop and Lord. The King [5] Ibidem The Bishop of Winchester pronounced sentence hearing of this controversie about pronouncing Sentence it was soon ended and imposed upon the Bâ—shop of Winchester who unwillingly pronounced it Archiepiscopus autem quia sententiae vel Recordationi Curiae Regis Angliae non licet contradicere sustinuit Censilio Episcoporum Addacta ad mitigandum honorandum Regem solenni in manum ejus missione quasi Concessionis Judicii ut Moris est The Arch-Bishop because no man might contradict a sentence or Record made in the King of Englands Court by advice of the Bishops submitted to it and by a forced compliance for the honor and mitigation of the King solemnly put himself under his power as it were Granting and acknowledging the Judgement as the Custome was Afterwards on the same day he was prosecuted [6] Ibid. Col. 2. The Arch-Bishop prosecuted for 300 l. for three hundred pounds he had received as he was Castellan or Constable of the Castles of Eye in Suffolk and Berkamstead in Hertfordshire The Arch-Bishop first waved the Action by saying he was not cited for that matter And further said That he had expended that money and much more in the Reparations of the Palace of London and those Castles as might be seen The King would not admit he had done this He gives security for it and Exacts Judgment The Arch-Bishop ready to please the King and not willing such a summe of Money should be the Cause of Anger between them gave security by three Lay-men distinctly and severally the Earl of Glocester William de Eynesford and another all his Tenants On the third day [7] Ib. p. 24. Col. 1. He is prosecuted for a 1000 marks more and several other moneys he received when Chancellor He Consults the Bishops about this matter he was prosecuted at the Kings Suit for five hundred marks lent him in the Army of Tholose and for other five hundred which he borrowed of a Jew upon the Kings security he was also prosecuted for all the profits of the Arch-Bishoprick and other Bishopricks and Abbeys that were voyd during his Chancellorship of all which he was commanded to make an Account to the King The Arch-Bishop said he came not prepared to Answer this matter nor was he cited concerning it yet in time and place he would do to his Lord the King according to right The King exacts security upon that he answered he ought to have the advice of his Suffragans and Clercs about it The King yielded to it and he departed And from that day neither Barons nor Knights came to his House or Hostel to visit him having understood the Kings mind by these proceedings On the fourth day [8] Ibid. Col. 2. p. 25. Col. 1. They advise a Compliance all the Ecclesiastical persons came to the Arch-Bishops House where he treated with the Bishops severally and apart and with the Abbats severally and apart The Bishop of Winchester advised him to offer a Composition in Money and trie the King that way 2000 Marks were offered but refused Others encouraged him to maintein bravely the Liberties of the Church but most perswaded a Compliance with the King 'T is [9] Ib. Col. 2. said they consulted very closely on the fifth day which was Sunday but the Result of their Debates and Counsels not mentioned On the sixth Day the Arch-Bishop fell Sick and the King hearing of it sent all his Earls and many Barons to Demand of him his Resolution after these Consultations and Advices and to know of him whether he would give Security to render an Account of what he
Married [1] See here f. 291. C. D. Alianor Sole Daughter and heir to William Earl of Poicton and Duke of Acquitan about Whitsunday in the year 1151. after she had been lawfully divorced from Lewis the 7th King of France about the Close of Easter Preceding By [2] Chron. Norm f. 989. B Mat. Westm A. D. 1152. William whom he had William his Eldest Son born on the Octaves of St. Laurence or 17th of August in the year following 1152. before he was King This William Dyed in the latter end [3] Chron. Norman f. 992. B. of June or beginning of July 1155. and was Buried in the Monastery of Reading at the Feet of King Henry the First Henry Henry by the same Alienor was born at London on the day before the [4] Ibidem f. 991. lin 1. Kalends of March i. e. the 28th of February 1154. Mat. Westm says 1155. On the [5] Ibidem A. tenth of April following King Henry caused his great men of England at Wallingford to Swear Fealty for that Kingdom unto his first born William and after his Death unto this Infant Henry In August 1157 the two [6] Ibidem f. 994. A. and here f. 300. D. Kings of England treated of a Marriage between this Henry and Margaret Daughter of King Lewis by Constance his Second Wife Daughter of Alfonso King of Spain And the next year A. D. 1158. the [7] Mat. West A. D. 1158. Marriage was * See here f. 303. B. C. Solemnized or rather according to the same Author A. D. 1160. He Dyed without Issue Richard the Third Son by the same Woman was [8] Chron. Norman f. â—93 D. Mat. Westm A. D. 1156. born in September according to the Norman Chronicle A. D. 1156. Richard which could not be so if Mat. Westm writes true for he says his eldest Daughter Maud was born that year Richard married Berengaria Daughter to the King of Navarre [9] Radâ— de Diceto Col. 657. n. 30. whom his mother Queen Alianor carried after him to Sicily when he was in his expedition to the Holy Land and was married to her afterwards in the Isle of Cyprus but dyed without Issue According to Ralph de Diceto * Ibidem Col. 531. n. 20. he was born in the year 1157. at Oxford Geofry the 4th Son of the same King and Queen Geofry was [1] Chron. Norm f. 994. B born on the ninth of the Kalends of October or 23d of September A. D. 1157. or more truly according to [2] Col. 531. n. 30. Ralph de Diceto in the year 1158. He was by his Fathers Contrivance [3] See here f. 305. C. Married to Constance only Daughter and heir of Conan Earl of Britany and Richmond When he was killed he left her great with Child of [4] Walsingh f. 452. n. 30. Hov. f. 361. b. n. 10. which she was Delivered on Easter Day 1187. and he was named Arthur who was taken Prisoner in the year 1199. at Mirabell Castle in Normandy and as it was reported [5] Chron. Norm f. 1005. D. Walsingham ut supra f. 459. lin 5. A. D. 1203. killed by his Uncle John with his own hands This Geofry had also a Daughter named Alianor only Sister and heir to this Arthur she was sent by her Uncle King John into England and imprisoned where she Dyed in the [6] Mat. Paris f. 574. n. 40. John year 1241. in the 25th of Hen. III. a Virgin John the fifth and youngest Son of this King and Queen was [7] Genealog Histor f. 81. Mat. Paris f. 127. lin 6. born at Oxford on Christmass Eve in the year 1166. Their Daughters MAud the eldest [8] Rad. de Diceto Col. 531. n. 20. born A. D. 1156. and was Married to Henry Duke of Saxony [9] Hoved. f. 282. a. n. 40. in the year 1164. Alianor the Second Daughter was [1] Rad. de Diceto Col. 533. lin 6. born in the year 1162. and was Married to Alphonso [2] Hoved. f. 317. a. n. 50. King of Castile in the year 1176. Joan the Third Daughter was [3] Rad. de Dicet Col. â—39 n. 30. born in the year 1165. she was Married to William [4] Hoved. f. 315. a. n. 10. King of Sicily in the same year 1176. His Base Issue WIlliam [5] Dugd. Baron Tome 1. f. 175. Col. 1.2 Longespee or Long-Sword so named from the Long-Sword he did usually wear begotten of fair Rosamund Daughter of Walter Lord Clifford To whom [6] Ibidem Hoved. f. 436. b. n. 50. King Richard his half Brother gave in Marriage Ela the Daughter and heir of William Earl of Salisbury and with her the Earldom Geofry another Base Son was Born of the same Lady he was Bishop Elect of Lincoln from the [7] Hoved. f. 307. b. n. 10 20. f. 348. b. n. 30 40. year 1174. to the year 1181. without being in Orders or Consecrated when he renounced his Election by the Kings Advice and the Popes Mandate to the Arch-Bishop of Canturbury That he should Either take Orders and be Consecrated or renounce And then the King gave [8] Ibidem f. 349. a. n. 10. him his Chancery dedit ei Cancellariam suam and 500 marks of Rent in England and as much in Normandy Morgan was also reported to be a Son of this King Henry but by what woman not Known to whom his Brother Geofry then Arch-Bishop of York gave the Provost-ship of Beverly [9] Ibid. f. 468. a. lin 1. A. D. 1â—â—2 Praeposituram Beverlacensem Gaufridus Eboracensis Archiepiscopus Dedit Morgan fratri suo filio Henrici Regis â—t Dicebatur THE REIGN OF King Richard I. AFter the Funeral of his [1] Hoved. f. 373. a. n. 10. Father Richard secured Stephan de Turons of Tours or as Mat. Paris Stephan de Turnham Seneschal of Anjou and loaded him with Irons until he delivered the Castles and Treasure of his Father The Castles and Treasure of his Father delivered to Duke Richard which he had in his Custody and squeezed him to the last Farthing Then he came to Roven where Walter Archbishop of that Place in the presence of the Bishops Earls and Barons of Normandy girt him with the Sword of that Dukedom on the 20 th of July He is girt with the Sword of the Dukedom of Normandy A. D. 1189. and the Day after he received the Oaths of Fidelity or Fealty from the Clergy and Laity à Clero Populo And on the 3 d Day which was thâ— 22 d of that Month he met the King of France between Chaumont and Trie in Vâ—uxin Francois in which Treaty [2] Ibid. n. 20. he Demanded of the Duke the Town and Castle of Gisors with the Country about it who unwilling to part with that Fortress added Four Thousand Marks in Silver to the Twenty Thousand his [3] See here f. 349. lin 1. he pays
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
investing them in their Earldoms girt William Marshal with the Sword of the Earldom of Striguil and Geofry Fitz-Peter with the Sword of the Earldom of Essex who though before they were called Earls and had the Administration of their Counties or Earldoms yet were not Girt with the Sword of their Earldoms The same day also he made [2] Ibidem Hubert Archbishop of Canturbury his Chancellor The King of Scots [3] Ibid. n. 50. The King of Scots reneweth his Demands by three Priors of his own Nation Reneweth his Demand of Northumberland and Tumberland and made the same promises King Iohn Answered them That when their Lord the King of Scots his Dear Cousin came to him he would do what was just concerning that and all his other Demands [4] Ibid. b. lin 5. And sent Philip Bishop of Durham to meet him hoping he would come having sent Roger Bishop of St. Andrews and Hugh Malevise for him and went himself to Nottingham at Whitsunday and staid in those parts in Expectation of him but he would not come he only sent back the two Messengers to him with demand of the two Counties and to let him Know if he denyed his demands he would endeavor to acquire them by force and expected his Answer within Forty Days In the mean time King Iohn committed Northumberland and Tumberland with their Castles to the keeping and defence of William Stutevil And having dispatched his Affairs in England passed into Normandy and landed at Diepe King John passeth into Normandy and was at Roven on [5] Ibid. n. 30 40. And makes a Truce with the King of France Midsummer Day where came to him a Multitude of Soldiers Horse and Foot and presently there was a Truce made between him and the King of France until the Morrow after the Assumption of St. Mary that is the 16th of August and here Philip Earl of Flanders did Homage to King Iohn six days before that Feast Philippus comes Flandriae devenit homo Regis Iohannis apud Rothomagum c. Henry [6] Ibid. f. 452. a.n. 10. France and Normandy interdicted Earl of Namur brother to Philip Earl of Flanders Peter of Donay a Famous Soldier and his Brother the Elect of Cambray were taken by some of the French Kings Soldiers and delivered to him Peter of Capua a Cardinal and the Pope's Legat interdicted France for the taking of the Elect of Cambray as also Normandy for the Detention of Philip Bishop of Beavais and before he would release the Sentence the King of France was forced to Release the Elect and King Iohn the Bishop of Bravais But because he was taken in Arms he gave King Iohn 2000 Marks Paris [7] f. 198. n. 50. says 6000 and took an Oath never to bear Arms again against Christians Philip King of France [8] Hoved. f 452. a. n. 10.20 The King of France Knighted Arthur Duke of Britany and received his Homage Knighted Arthur Duke of Britany and Received his Homage for Anjou Poictou Tourain Main Britany and Normandy In the Morrow after the Assumption of St. Mary August 16th the two Kings treated two Days by their Commissioners between Buravant and Gaâ—llon and the third Day they spake by themselves but the King of France shew no Kindness to the King of England and the reason was because he had possessed himself of Normandy and other Countries without his Licence whereas he ought first to have come to him and demanded his Right and done him Homage In this Treaty [9] Ibid. n. 30. His Demands of King John the King of France Demanded all Veuxin That is all between the Forest of Lions the Seyn the Isle of Andeli and the River Ept. Affirming that Geofry Earl of Anjou the Father of Henry Son of Maud the Empress had given it to Lewis the Gross King of France for his assistance in gaining Normandy from King Stephan of England And Demanded that Poictou Anjou Tourain and Main might be rendred to Arthur Duke of Britany and made other Demands the King of England could not Grant King Richards riches adhered to King John and so they Departed The Earls and Barons of France that had adhered to King Richard became the men of King Iohn and Sware to him they would not make Terms with the King of France unless with his Consent and he Swore to them he would not make Peace with him unless they were comprehended in it In October the King of France [1] Ib. b. l. 1. took the Castle of Balun which was taken ill by William de Rupibus or Roche General of Duke Arthurs Forces was sent to him that there was no such Agreement between his Lord Arthur and him The King replyed he should not omit to do his pleasure notwithstanding his Lord Arthur and then went and besieged Lavardin [2] Ibid. l. 7. but hearing the King of England was coming with his Army left the Siege and marched to Mans King Iohn followed him and he left that place In the mean time William de Roche had craftily gotten Arthur out of the [3] Ib. n. 10. Arthur reconciled to King John and made Governor of Mans. custody of the King of France and reconciled him to his Uncle King John and delivered to him the City of Mans of which he was made Governor by them both and the very same day it was told Duke Arthur that King Iohn would put him in prison whereupon he and his Mother that night made their escape to Anger 's Paris [4] f. 198. n. 30. says he went privately to the King of France William * Hoved. f. 453. a. n. 30. A. D. 1199. William King of Scots admonished by a Revelation not to invade England King of Scots in pursuance of his Claim to the Counties of Northumberland and Cumberland raised an Army with intention to invade England but coming to the Shrine of St. Margaret sometime Queen of Scotland which was at Dunfermlin where he stays all night he was admonished by a Revelation in his Sleep That he should not invade England with his Army and so he permitted it to depart home or discharged it Permisit exercitum suum Domum redire After Christmass the two [5] Hoved. f. 454. b. n. 10.20 A. D. 1200. A Treaty between King John and King Philip. Kings met at a Treaty between Andeli and Gaillon in which Treaty they agreed That Lewis Son to the King of France should take to wife Blanch the Daughter of Alfonso the Eighth King of Castile King Iohns Niece with whom he was to give and quiet claim the City of Eureux and the whole Earldom and all the Fortresses and Castles which the King of France had in Normandy at the time of the death of King Richard and besides give her 30000 Marks of Silver and did Swear That he would not give any assistance to his Nephew Otho in Men or Money whereby he might obtain the Roman Empire to which
King John or did homage to him as it was his right or for his right Willielmus Rex Scotorum devenit homo Regis Iohanis de jure suo and Swore Fealty to him upon the Cross of Hubert Archbishop of Canturbury to preserve his Life Limbs and Terrene honor against all men and keep Peace toward him and his Kingdom saving his own right These being Witnesses Hubert of Canturbury Iohn of Dublin Bernard of Raguse Archbishops Philip of Durham William of London Gilbert of Rochester Eustacius of Ely Savaric of Bath Herbert of Salisbury Godfry of Winchester Giles of Hereford Iohn of Norwich Roger of St. Andrews Henry of Landaf and Roger of Bangor Bishops Geofry Fitz-Peter Justiciary of England Earl of Essex Roger Bâ—got Earl of Norfolk Hamlin Earl of Warren Baldwin de Behun Earl of Albemarle William Earl of Salisbury Henry de Bohun Earl of Hereford Richard Earl of Clare William Earl Ferrers David Earl of Huntington Rolland or Rowland Son of Huctred Son of Fergus Prince of Galway Patrick Earl of Lonaâ—s Griffin Son of Rese King of Southwales and many others of the Kingdom of Scotland And before these Barons of England and Normandy Roger Constable of Chester Eustachius de Vesci Robert de Ros William de Stutevill Ralph Chamberlan of Tanquervit Warin Fitz-Gerold Stephan de Turnham * Seneschal of Anjou Robert his Brother Gilbert Basset Thomas and Alan his Brothers Roger of Hutingfield Sayer of Quinci William of Hastings Iolan de Nevill Simon de Chanci Girard de Camvil and many other Barons of England and Normandy After King [1] Ibid. n. 40. His demands of King John William had done his Homage he Demanded of King Iohn his Lord Northumberland Cumberland and Westmerland as his right and inheritance and when they had long Discoursed the matter and could not agree the King of England desired time to consider of it until Whitsunday following A. D. 1200. and early on the morrow Morning Novemb. 23d the King of Scots returned toward his own Country under the Conduct of the same persons that brought him into England King Iohn kept his Christmass at Guilford where he distributed many fine Cloaths to his Knights or Military men [2] Mat. Paris f. 205. n. 50. Hoved. f. 464. b. n. 10. The Arch-Bishop did the same at Canturbury as it were vying and contending with him in the magnificence of that Solemnity which not a little moved the Kings Indignation [3] Ibid. 20.30 A. D. 1201. King John and his Queen made a progress through most of England After Christmass the King with his Queen went into the North as far as Northumberland and made a Progress through much of England and fined many men for wasting his Forests The Historian names several particular places and days and nights where the King was and lodged in this progress or perambulation which takes off the incredibility of the Journey to have been undertaken at that time of the year At Easter [4] Ibid. f. 465. b. lin 1. which happened that year on our Lady Day the King and Queen Isabell were at Canturbury and there Crowned by Hubert Archbishop of Canturbury in the Cathedral in the presence of Iohn Arch B. of Dublin William Bishop of London Gilbert Bishop of Rochester Eustachius Bish of Ely and Iohn Bish of Norwich [5] Ibidem lin 6. He Summoned his Earls and Barons to be ready with Horse and Arms to go with him over Sea And presently after Easter he Commanded the Earls and Barons of England should be ready with their Horse and Arms at Whitsunday at Portsmouth to pass with him beyond Sea The Poictovins had prevailed against their Governors and Besieged their Castles Warin de Glapion Seneschal of Normandy by order of King Iohn Besieged the Castle of Dancourt which King Richard had given to Ralph de Isondon Earl of Ou Brother of Hugh le Brun. But Philip King of France hearing of the King of Englands preparations raised the Sieges before he came into Normandy [6] Ibidem n. 10. They refuse unless their Rights be first restored In the mean while the Earls of England met at Leicester and by Common Agreement sent to the King They would not go with him beyond Sea unless he would Restore to them their Right [7] f. 206. lin 8. Mat. Paris says they came at the appointed time and many for leave to stay at home gave the King two Marks in Silver for every Knights Fee At Whitsunday [8] Ibid. Hoved f. 466. a. lin 5. or some time before King Iohn sent Geofry Bishop of Chester Richard Malevisse and Henry de Putearo Pudsey to the King of Scots That the time of Giving his Answer about Northumberland c. might be put off until Michaelmass [9] Ibid. n. 10 He passes over into Normandy and treats with King Philip. In Whitsun week he and his Queen Sayled from Portsmouth and landed in Normandy and presently there was a Treaty between him and the King of France near the Isle of Andeli and they agreed well between themselves no man knowing the subject of their Discourse and within three days King Iohn was invited by the King of France to his Palace at Paris where he was splendidly and honorably entertained from whence he went to Chinon [5] Ibid. n. 20. where came to him Queen Berengara the Relict of King Richard to whom upon the Testimony of Philip Bishop of Durham and others that were present at her Marriage he gave her during Life the City of [2] Ibid. f. 467. b. n. 30. He gave Berengara King Richards Relick a large Dower Bayeux with its Appurtenences two Castles in Anjou and a 1000 Marks Sterling every year 500 to be paid at the Exchequer in England and 500 at the City Caen in Normandy for her Dower King Iohn had a Design to * Ibid. f. 468 a. n. 30.40 His Design to Appeal the Barons of Poictou of Treason Appeal the Barons of Poictou for Treason against his Brother Richard and himself and had hired many men who had been taught the Art of Duelling who without doubt he intended should Appeal them or at least be his Champions Sed Barones Pictaviae inde praemoniti ad Curiam illius venire Noluerunt Dicentes Quod nemini Responderent nisi pari suo But the Barons being forewarned would not come to his Court saying they would answer to no man that is fight with no man but their Peers or aequals and so his Design came to nothing and the Poictovins by that project were made more his Enemies than before and to Repress their Violence he appointed Robert de Turnham his Seneschal or Lieutenant of that Country This Year Hugh Bardolf and [3] Ibid. n. 20. other the Kings Iustices went to Boston Fair intending to Seize to the Kings use all Woollen Cloaths that were not two Ells within the Lists according to King Richards Assise or Statute The Merchants
John claims the Privilege of the Cross and refers himself to the Popes Discretion wrote to the Pope that the Archbishop of Canturbury and his Suctragans had neglected his Commands and that the great men and Barons altogether refused to hear what he wrote And attending what the Barons said He replied to them That England was the Patrimony of St. Peter and that he held it as the Patrimony of St. Peter the Church of Rome and the Pope and had taken upon him the Crusado and required the Privilege of such who had taken upon them that Expedition And after having recounted the Effects of his Former Offers to the Barons and Bishops upon which he could obtein no Remedy he Refers himself to the Popes Discretion to relieve him Upon the Consideration of all these Offers Declarations Matters and Things and the Recapitulation and brief Mention of them in his [7] Append n. 126. The Pope by consent of the Cardinals Damns the Charter of Liberties Bull and the Information of King John's Messengers lately sent to him the Pope by the Common Consent of the Cardinals Damns the Charter of Liberties and all obligations and Cautions which he had given and entred into for the performance of it and Declares them Null and void By [8] Append. n. 127. The Pope writes to the Barons and chargeth them with evil Practises against the King Letters of the same date with this Bull viz. Aug. 24. 1215. the Pope wrote to the Barons They had not well considered their Oath of Fidelity when they rashly persecuted their Lord the King That all men Detested their proceedings especially in such a cause where they made themselves both parties and Judges When the King was ready to do them Justice by their Peers in his Court according to the Laws and Customes of the Kingdom or to proceed by arbitrators chosen on both sides with a Reference to him if they agreed not And therefore commands them to Renounce that unlawful and unjust Composition they had extorted from him by fear and force and satisfie him and such as adhered to him for the Injuries they had done them That by this means the King might be induced to Grant whatsoever of right ought to be granted to them And further adviseth them to send their procurators or Deputies to the next General Council which he intended suddenly to call about the Business of the Cross where would be the Archbishop and other English Bishops and there Commit themselves to his good pleasure who by the Favor and God intended so to Determin things as to do away all oppressions and Abuses in the Kingdom that so the King being Content with his own Right and Honor the whole Clergy and Laity might rejoyce in their Just Repose and Liberty The Popes Letters or Mediation prevailed not with the Barons they [9] Mat. Paris f. 268. n. 10. The Popes Letters prevail not upon the Barons They consult how to secure London and make William de Albiney Governor of Rochester-Castle persued what they had undertaken and sent for William de Albiney a stout man and experienced Soldier several Times before he came at last upon a Chiding Letter having secured the Castle of Belvoir or Beauvoir he came to them to London where he was received with great Joy by the Barons who immediately consulting how to secure the City of London from being besieged by the King and shutting up all passages to it raised a considerable Force and put them with William de Albiney into Rochester Castle whereof he was made Governor But before they had provided for their Defence so well as they intended the King after three Months stay in the [1] Ibid. n. 30. Isle of Wight was Sailed from thence to Dover where he met his Messengers or Commissioners he had sent beyond Sea with Forces from Poictou The King with forces from beyond Sea besiegeth Rochester Castle The Barons offer to relieve it Gascony Brabant and Flanders with which he Besieged the Castle of Rochester The Barons had Sworn to William de Albiney That it the Castle should happen to be besieged they would use their utmost indeavours to Relieve it they Marched as far as Dartford and then retreated to London They within Defended the place with great Courage and Resolution and at last after almost three Months were forced to yield without Conditions for want of Victuals It yeilds for want of Victuals The Siege was very Expensive to the King and many of his Men were slain in it for which reasons he would have hanged all the Noble Men or Knights had it not been for the perswasion of Savaric de Malo Leone and some others who told him the War might prove long and some of his own Knights might be taken and put to Death after the same manner Whereupon he sent William de Albiney The King Imprisons the persons of best Quality W. de Lancaster W. de Emeford Thomas de Mulecon Osbert Giffard Osbert de Bonbi Odinell de Albiney and others of the best Quality Prisoners to Corf Castle and others to Divers other Prisons all the Ordinary Men but the Cross Bow-Men And Hanged the Ordinary Soldiers he caused to be Hanged The Pope upon notice [2] Ibid. n. 40. That the Barons persisted in the persecution of the King [3] Append. n. 128. The Pope Excommunicates the Barons Excommunicated them and Committed the Execution of the Sentence to Peter Bishop of Winchester the Abbat of Reding and Pandulph Sub-Deacon of the Roman Church in which Brief of Excommunication he injoyned the Archbishop and Bishops by virtue of their Obedience That they should cause the Sentece to be Published every Lords Day and Holy Day with Ringing of Bells and Lightning of Candels throughout all England while the Barons fatisfyed the King for the Injuries done to him and returned to their Obedience The Bishop of [4] Paris f. 271. n. 50. Winchester and Pandulph personally attended the Archbishop of Canturbury and in the Name of the Pope Commanded him to Direct the Bishops of his Province to Publish this Sentence against the Barons He was ready to take Ship to go to the Council at Rome and desired Respit until he spake with the Pope affirming The Archbishop suspended for Disobedience to the Pope the Sentence had been obteined by Concealing Truth and therefore he should by no means Publish it until by Discourse with the Pope he Knew his Mind concerning it [5] Ibid. f. 272. lin 2. The Barons declared Excomunicated They value not the Sentence because not named particularly These two when they found the Archbishop Disobedient to the Popes Command suspended him from entring the Church and Celebrating Divine Service and then the Bishop of Winchester Declared all the Barons that had indeavored to Drive the King out of the Kingdom Excommunitate and continued to do so every Lords Day and Festival But they because not Named in the Popes Brief valued
Ros in Yorkshire in the Power of the Barons and so marching by the [6] Ibid. n. 50. Borders of Wales he took in many of his Enemies Castles Demolishing some and fortifying others The [7] Ibid. f. 277. lin 1. The Pope Excommunicated the Chiâ—fell of the Barons by name c. Pope having notice from the King that the Barons valued not his General Excommunication of them Excommunicatâ—d the chiefest of them by name and committed the Execution of his Brief to the Abbat of Aâ—â—ndune the Arch-Deacon of Poictou and Master Robert Official of Norwich [8] Append. n. 130. by which he Excommunicated and Anathematised all the Barons with their assistants and Favorers which persecuted the illustrious King John of England Vassal to the Church of Rome and Furthermore he Excommunicated and Anathematized all those who helped them to invade and possesss the Kingdom or hindred any persons from going to and assisting the King He excomunicated the Citisens of London And put the City under Interdict and put all the Barons Lands under interdict he also Excommunicates the Citisens of London that were principal Actors against the King and one and Thirty others by name and their Accomplices and puts the City of London under Ecclesiastic Interdict and all this without Remedy of Appeal This Brief bears Date the 17th of the Kalends of January i. e. December 16th 1215. The [9] Append. n. 131. Cathedral and Conventual Churches injoyned to Declare and publish the excommunication against the Barons Commissioners upon the Receit of the Brief writ to all Cathedral and Conventual Churches injoyning them to Publish this Brief of Excommunication against the Barons and to order it to be Published in the Parish Churches within their several Jurisdictions upon Lords Days and Festivals and injoyned them to Publish thirty other Barons by name excommunicate which were conteined in the Sentence drawn up by Peter Bishop of Winchester Pandulph and the Abbat of Reding Upon the Publication of this Brief only the [1] Mat. Paris f. 278. lin 7. and n. 10. The City of London Contumacious City of London stood Contumacious and Despised it so as the Barons resolved not to observe it nor the Bishops to urge it for that it was generally said the Briefs were obteined by false Suggestions and therefore of no moment and for that especially it belonged not to the Pope to Direct and Govern in Lay-Matters when as the Power and Disposition of Eccclesiastic affairs only was Collated by God to Peter the Apostle and his Successors how came the insatiable Covetousness of the Romans to extend it self to them said they how to our Apostolic Bishops our Barons and Knights behold the Successors of Constantine not Peter they do not the Works of Peter nor are they to be alike to him in Power About the same Time [2] Ibid. n. 20.30 The Isle of Ely taken and plundered Walter Buuk with his Brabanters entred the Isle of Ely by Audrey Causeway Walterus Buuk cum Brabantiis suis versus [*âŽ*] This Herebie that is the Army-Habitation or abiding place was the Old Fortification where part of the Conquerors Army lay at the end of Audrey Causeway against the Isle of Ely now called by the Country people Belsars Hills Herehie Elyensemintrans Insulam While William Earl of Salisbury Faulx and Sabariâ— de Malo Leone passing over the Ice entred it on the contrary side by Stuntney Bridge and wasted and plundered the whole many that fled thither as to a place of Safety were taken and put to Ransom the Cathedral was redeemed from fire by the Prior for the sum of an Hundred and Nine Marks of Silver The Barons [3] Ibid. n. 40. and f. 279. lin 8. The Barons choose Lewis Son to Philip King of France their King being brought this low Condition Consulted together and resolved to choose some Potent Person for their King They pitched upon Lewis Son to Philip King of France because the forreign forces which were King Iohns greatest strength came out of his Territories so that he would be deprived of their assistance and left as it were to their Mercy This generally pleased them and they [4[ Ibid. n. 20. sent Saher Earl of Winton and Robert Fitz-Walter to King Philip and Lewis his Son with Letters sealed with the Barons Seals earnestly Imploring the Father to send his Son to be King of England and the Son that he would forthwith come and be Crowned The King of France having perused the Barons letters told their Commissioners he should not send his Son until for his greater security and send 24 hostages for his Security he should receive Twenty Four Hostages or Pleges of the most noble persons of the Kingdom And the Barons having no other Remedy sent to him so many Hostages according to his own Will [5] Ibid. n. 30. which so soon as Received and put into Safe Custody Lewis prepared for the Expedition he desired above all things He sends forces before his own coming A. D. 1216. and sent before him into England the Castellan of St. Omar the Casâ—llan of Arras Hugh Chacun Eustace de Nevill Baldwin Breul Giles de Melun W. de Bellomonte or Beaumont Giles de Hersi Biseâ— de Fersi with a great Troup of Soldiers to incourage the Barons who came up the Thames to London and were received with great Joy on the Twenty seventh of February About the same time [6] Ibid. n. 40. Stephan Archbishop of Canturbury having given Caution at Rome that he would stand to the Judgment and Determination of the Pope concerning the things before expressed was absolved from the Sentence of Suspension The Archbishop of Canturbury absolved upon Condition he should not return into England until there was a firm Peace Established between the King and Barons At Easter [7] Ibid. The Abbat of Abbendon and his fellow Commissioners finding the Contumacy of the Barons and City of London cum Contumaciam Baronum Londinensis Civitatis Cognovissent wrote to all the Conventual Churches of England [8] Append. n. 132. The Dean of St. Martins and several Chapters in London excommunicated to Publish the Sentence of Excommunication against the Chapters of St. Pauls and St. Martins and G. Boâ—land Dean of St. Martins and the Convent of Holy Trinity for their Contempt to the Pope in not publishing the Sentence against the persecutors of King John and also Commanded them to Excommunicate the Castellan of St. Omar with all his Company that came to invade and possess the Kingdom of England together with all Canons and Clercs within the City under Danger of falling into the Popes displeasure This [9] Mat. Paris f. 245. n. to The Description of the Pope Monk is very Sharp upon the Pope concerning these Excommunications and saith that King Iohn knew and had learnt by much experience That he was ambitious and proud above all Mortals and insatiably thirsty after
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
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
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
his Court according to the lawful Câ—stomes and Statutes of the Kingdom or by the Kings Mandate and the like the Lord Iohn shall cause to be observed in his Lands and possessions and if any one presumes to do otherwise at the Request of the Earl he shall be punished or fined by the Arch-Bishop of Roven if in England and by the Justiciaries and such as have been sworn Conservators of the Peace and in like manner the Lord John shall punish and fine at their Request The New Castles which have been built or begun since the King went beyond Sea were to be Demolished nor any other to be raysed any where unless it should be thought fit to do it upon the Kings Demeasnes unless some famous person might do it by the Kings Command signified by his Brief or Letters or an unsuspected Messenger The Re-Scisin of the Sherifwic of Lincoln-Shire shall be given to Gerard de Camvill and the same Day he shall have a time set of standing to the Judgment of or appearing in the Kings Court and if it could be made appear he was to lose the Sherifwic of the Castle of Lincoln by the Judgment of the Kings Court he was to lose it if otherwise he was to keep it unless some other Agreement could be made Neither was the Lord John to protect him contrary to the Judgment of the Kings Court nor receive any Out-Laws nor any of the Kings Enemies which were named to him or permit them to be received in his Lands But if any one was accused of any forfeiture made to the King the Earl might lawfully receive him so long as he offered himself to stand Tryal in the Kings Court. The Earl and Chancellor putting their own hands within the hand of the Arch-Bishop of Roven gave security for the observation of this Agreement in good faith and without any evil Artifice and fourteen Barons of both parts sware the same On the Chancellors part the Earl of Arundel the Earl of Salisbury Earl Roger Bigod the Earl of Clare Walter Fitz-Robert William de Braiosa Roger Fitz-Rainfrai On the Earl's part Stephan Ridel his Chancellor William de Wenneval Robert de Mara Philip de Wirescestre William de Kahannes Gilbert Basset William Montacute and if any thing should be taken or intercepted by either party during the Truce it should be lawfully restored or Satisfaction given for it These things were done saving the Kings Authority and Command in all things yet so as if the King before his Return was not satisfied with this Agreement the Castles of Notingham and Tikehil should be delivered to the Lord John whatsoever the King should command concerning them Epistola Richardi Regis Angliae ad Alienor Reginam matrem suam ad Justitiarios suos Angliae Hoved. f. 413. a. n. 20. RIcharuds Dei gratia Rex Angliae Dux Normanniae et Aquitaniae N. 76 et Comes Andegaviae Alienor eadem gratia Reginae Angliae charissimae matri suae et Iustitiis suis et omnibus fidelibus suis per Angliam constitutis Salutem Notum sit Vniversitati vestrae quod postquam recesserunt a nobis dilecti nostri Hubertus venerabilis episcopus Saresbiriensis et Willielmus de Sanctae Mariae ecclesia protonotarius noster venit ad nos charissimus Cancellarius noster Willielmus Eliensis episcopus et eo inter Dominum Imperatorem et nos fideliter interloquente eo usque res pervenit quod de Castello de Trivellis in quo detinebamur obviam venimus Imperatori apud Hagenou ubi honorifice ab ipso Imperatore et tota Curia recepti fuimus Ibique Dominus Imperator et Domina Imperatrix nos magnis et variis muneribus honoraverunt et quod praecipuum est mutuum feodus amoris et indâ—ssolubile inter Dominum Imperatorem contractum est et nos Ita quod uterque nostrum alterum contra omnes viventes in jure suo obtinendo et retinendo juvare debet Honostè autem circa ipsum Imperatorem moram facimus donec ipsius et nostra negotia perficiantur et donec ei Septuaginta millia marcarum argenti solverimus Quare vos rogamus et in fide qua nobis tenemini adjuramus quatenus in hac pecunia perquirenda solliciti sitis et vos Iustitiarii nostri qui aliis in regno nostro praeestis exemplum aliis praebeatis ut ita honorificè et magnificè de proprio nobis subveniatis et etiam de his quae de aliis mutuo accipere poteritis et aliis fidelibus nostris exemplum detis similia faciendi Universum autem aurum et argentum Ecclesiarum diligenti Observatione et scripti testimonio ab ipsarum Ecclesiarum Praelatis accipiatis eisque per Sacramentum vestrum et aliorum Baronum nostrorum quos volueritis affirmetis quod eis plenarie restituentur Vniversorum etiam Baronum nostrorum obsides recipiatis ut cum fidelissimus Cancellaâ—ius noster quam cito peractis in Alemannia negotiis nostris in Anglia venerit eosdem obsides penes charissimam matrem nostram Reginam reperiat ut eos de quibus inter nos et Dominum Imperatorem convenit expedite possit ad nos transmittere ne liberatio nostra per absentiam obsidium nâ—gligentiam vestram moram patiatur Pecunia autem collecta similiter matri meae illis quibus ipsa voluerit tradatur Quem autem in necessitate nostra promptum inveniemus in suis necessitatibus amicum nos rereperiet remuneratorem gratiusque nobis erit si quis in absentia nostra in aliquo nobis subveniat quam si in praesentia nostra in duplo quis nobis subveniret Volumus autem ut singulorum Magnatum nomina subventiones quae praesentialiter fient per sigillum matris nostrae nobis significentur ut sciamus quantum unicuique in gratiarum actionibus teneamur Sciatis pro certo quòd si in Anglia in libera potestate nostra essemus constituti tantam vel majorem pecuniam Domino Imperatori daremus quam modo damus pro pactionibus consequendis quas per Dei gratiam consecuti sumus si etiam pecuniam non prae manibus haberemus proprium corpus nostrum Imperatori traderemus donec pecunia solverâ—tur antequam quod factum est relinqueretur imperfectum In bulla autem Domini Imperatoris aurea fert vobis Cancellarius noster praedictam testificationem Testibus nobis ipsis apud Hagennou 13 Cal. Maii. In mense Septembris missi sunt ex parte Regis per singulos Comitatus Angliae Justitiarii errantes N. 77 Hoved. f. 423â— a. n. 30. secundum subscriptorum formam capitulorum processerunt in justiciis exequendis Forma Procedendi in Placitis Coronae Regis IN primis eligendi sunt quatuor Milites de toto Comitatu Ibidem n. 40. qui per Sacramentum suum eligant duos Legales Milites de quolibet Hundredo N. 77 vel Wapentacco illi duo eligant super Sacramentum