Ibid. c. 50. should have her Nose and Ears cut-off 5. That a Widdow marrying within twelve months after her Husbands Death should lose her joynture and Dowry Ibid. c. 71. Cnute not long before he died appointed his eldest Son Swane Hoveden 251. a A. D. 1035. Cnute dies and disposeth his Kingdoms to his Sons by his first Wife (y) By most Writers reported to have been a Concubine she was Daughter to a Mercian Noble-man who is said to have been Earl of Northampton Elgiva to be King of Norway and his second Son (z) Others say he was elected King Ingulph Hist 509. a. and some that he was King only of the North parts of England and Harde Cnute of the South parts Harold by the same Woman to be King of England and Harde-Cnute his Son by Emme King of Danemarke This year he died in November at Shaftsbury and was buried at Winchester Harold according to some being chosen King by the Danes and Londoners Harold Hunt 209. a. whilst Earl Godwin and the English would have had for their King one of the Sons of Ethelred or Harde-Cnute the Son of Cnute but their attempt was in vain Malms l. 2. c 12 not being equal either in number or force to the Abettors of Harold and therefore he injoyed the Crown which was given to him by his Father A. D. 1036. as it is said in Hoveden before-cited however he came to be so King he was and innocent Elfred Elfred and many Normans slain a younger Son of Emme by Ethelred coming out of Normandy to visit his Mother then being at Winchester Harold Harde-Cnute Danes A. D. 1036. as 't is storied was by Earl Godwin and others by order of Harold together with many Normans that came to accompany him slain his Mother Emme not thinking her self safe here much grieved for the death of her Son cruelly murthered Hoved. 251. Emme flies to Baldwin Earl of Flanders went to Baldwin Earl of Flanders who received her honourably and assigned Brugis for the place of her abode where she remained three years whither her Son Harde-Cnute came out of Danemarke to visit her Malmsb. ibid. Hunting ibid. Hoved. 251. b. Harold dies Ibid. Flor. Wigorn. A. D. 1040. in the mean while having done nothing memorable Harold dies at Oxford some say London and was buried at Westminster Florence of Worcester says they divided the Kingdom of England by Lot and that the North part fell to Harold and the South to Harde-Cnute who was rejected because he came not out of Danemarke when sent for so soon as was expected and therefore Harold was elected King over all England A. D. 1035 1037. fol. 622. Harde-Cnute both English and Danes make him their King After his death all the Nobility both Danes and English sent to Brugis to Harde-Cnute to come and be their King the Children of Ethelred being neglected and post-poned for the easiness and ill fortune of their Father he arrives with sixty Ships manned with Danes and was of all People received with great applause but during his short Reign did nothing worthy a King save that he treated his half Brother Edward and his Mother Emme who came to him out of Normandy He laid a grievous Tax upon the Nation Ibidem At which Worcestershire People tumult very kindly and honourably he laid a grievous Tax upon the Nation for the payment of eight Marks to every Rower and twelve Marks to every Officer in his Fleet this caused the People to tumult and at Worcester the Country People and Citizens killed two of his Domestick Servants which he sent to gather his Tax but he chastised them severely for that Fact for he sent thither Leofric Earl of Mercia Godwin Earl of West-Saxony Siward Earl of Northumberland Their City and Country is burnt and plundered Ib. A.D. 1042. He dies suddenly c. who plundered and burnt the City and wasted all the Country when he had reigned about two years he died suddenly while he was drinking at a Nuptial Feast at Lambeth where Osgod a great Danish Lord had married his Daughter to Prudan another Potent Dane Edward the Confessor A. D. 1043. His Descent Edward commonly called the Confessor the eldest Son of Ethelred by Emme and half Brother to Edmund Ironside Son also of Ethelred by a former Wife being in England at the death of his half Brother Harde-Cnute was in a great straight not knowing what to do and thinking to retire into Normandy [1.] Malms de Gest R. R. l. 2. c. 13. fol. 45. a. n. 10. He applies himself to Earl Godwin applied himself to Earl Godwin who gave him other advice minds him whose Son he was and what great probability there was of his being King and withall promiseth his assistance upon Conditions to be agreed on between them Edward urged by necessity promiseth to make good all he asked Then a Council being called at London Godwin being very eloquent and powerful in perswading so prevailed in this Assembly that by the consent of almost all present He is declared King he was made King and [2.] Hoveden 252. a. crowned at Winchester anointed by Edsi Archbishop of Canterbury and Alfric Archbishop of York in the presence of almost all the Bishops of England And not long after by advice of the Earls Leofric Godwin Edward the Confessor of the Saxon Race A. D. 1043. and Siward he seized and took from his Mother Emmâ— all her Gold Silver Jewels and Treasure The reason assigned is that she was very hard and sparing towards him in the time of his Exile he married the Daughter of Earl Godwin by name Edith or Edgith Hor. Worcest He takes away Jewels and Treasury from his Mother Emme He Marries Earl Godwin's Daughter Edgith Malms ut sup Her Beauty Learning and Modesty as he had promised She was no ways like her Father or Brothers but was very beautiful learned humble and modest [3.] Histor Croy. 509. a. n. 30.40 50. Edward much addicted to the French Modes and Customâ— Ibidem Ingulph reports he saw her often when he went to Court to see his Father who lived there and coming from School was often met by her and opposed solidly and smartly not only in Grammar but in Logick The same Historian there saith that though Edward was born in England yet having had his Education in Normandy he was almost become a French man and calling many from thence both Laies and Religious preferred them to great Offices and Dignities The chief amongst them were Robert a Monk whom he made first Bishop of London and then Archbishop of Canterbury and William his Chaplain whom he made Bishop of Dorchester with other Military men which he placed upon the Borders to defend them against the Welch Then the English under this King and the Normans which he brought in began to lay aside the English Rites and Customs and in many
printed at Paris 1539. there is a * C. 25. Chapter de exercitu Ducis not to be found in the French Print of that year but Du Fresn in his * Tom. 3. col 832. Glossary cites a good part of it from the MSS. Customer in the Chamber of Accounts at Paris Military Service in chief which he made use of in these words Or est vn service que Doit estre fet au Prince en armes se lont la Coustume L'establissement des Fiemens des Villes icest service est accoustume á fere par 40. jours Service of 40. days pour le secours l'aide de la terre de câ—ux qui en tiennent les Fiemens come ce soit fet pour aucun Delivrance pour le profit dâ—l Comun Pâ—eple c. Tous fiefs de * See the Glossary Hauberâ— sont especialment establis pour fair le propre service de la Duchee Ensement de Tous les Countees les Baronees Doivent accomplir ce service a decertes toutes les villes qui ont Communes Si devez scavoir que les sieus de Haubere que sont es Countees es Baronnies qui ne sont pas Establies pour la Duquee de Normandie ne doivent pas de service D'ost fo rs as Seigneurs as quieux il sont soumis Excepte nequedent Larrierban del Prince auquel Trestous grans petits pourtant que il soient Convenables pour armes porter sont tenu sans excusation nulle a fair lui aid profit a tout leur pooir Now there is a Service which ought to be made to the Prince in Arms according to the Custom and Establishments of Fees and of Cities or Burghs and this Service is by Custom performed by * Co. Lit. Sect. 95. forty days for the succor and aid of the Land by such as hold the Fees as it were done for any Deliverance and for the profit of the Commune People c. All Military or Knights Fees were especially established to do the proper Service of the Dutchy and likewise all the Earldoms and Baronies ought to accomplish this Service and all the Cities or Burghs that have Communities it is also to be understood that the Knights Fees which are in the Earldoms and Baronies which are not established for the Dutchy of Normandy nor do owe Service to the Army but to the Lords of whom they are holden except at the Arrierban of the Prince to which all both great and small that are able to bear Arms are bound to come without excuse and to give him aid and assistance with all their Power The Latin Version agrees with this French Text and as it proceeds further The Duke granted to such as held of him Scutage Service of the Tenents there is a Clause exactly agreeable to the antient practice in England The Duke of Normandy granted to such as had performed their Service in the Army forty days Scutage-Service of such as held of them by Military Service Exercitus autem dicitur auxilium illud pecuniale quod concedit Princeps Normanniae facto exercitus per 40 dies servitio Baronibus vel Militibus de illis qui tenent de eis feodis vel de tenentibus suis in Feodo Loricali And so was the Usage of our antient English Kings after the Conquest to grant to such as had personally or by substitute or fine performed their Service in the Army Scutage-Service of such as held of them in Military Tenure Heritages partible and not partible C. 26. 36. Gavelkind Tenure in Military Service and Serjeanty impartible Heritage partible was equally divided amongst all the Sons c. All the Children of one Son were but to have the share of their Father divided amongst them A Father that had many Sons Ibidem Glanvil lib. 7. c. 1. 3. Soccagium divisum could not give one a better Share than the other of his Heritage for if he did notwithstanding his Gift it was to be divided with his other Lands amongst his Sons after his death He could not Give Sell Mortgage or any way put any part of his Heritage into the hand of a Bastard Son but within a year and a day it might be recovered by his Heirs Impediments of Succession were Bastardy profession of Religion C. 27. Impediments of Succession Blood attainted Leprosie c. Lands of a Bastard if he had no issue by a lawful Wife returned to the Lord of the Fee Tenures were by Homage by Parage by Bourgage by Almoign C. 28. What Tenures in Normandy Bordage or Tenure of servile works Tenure of Rent or Rent Charge c. No Tenent by Homage could sell or ingage his Fee C. 29. Tenent by Homage could not sell c. without consent of his Lord unless in some parts there was a Custom to sell or ingage a third part or a less so as there was left enough to pay and perform the Services Faisances and Dignities due to the Lords Parage is when the younger Brothers hold their Share of the Fee of the elder Brother and he of the Lord C. 30. Parage and does the Homage and Service they contributing their Shares So it is called Parage in respect of Parentage in which they are equal not in respect of their Estates C. 31. Bourgage Bourgage is a Tenure according to the Customs and Vsages of Bourghs and may be bought and sold as Moveables without the Assent of the Lord. C. 32. Franc Almoign Tenure in Almoign or Franc Almoign So Lands given in pure Alms to God and such as serve him C. 33 Ward and Marriage A Member of a Military Fee what The Duke of Normandy had the Guard or Wardship and Marriage of all Minors which held of him by Homage by a Fee or a Member of a Military Fee A Member of a Military Fee is the eighth part or any part under as a sixth or seventh not but it might be divided into more but less than an eighth could not have Court and Vsage belonging to it So other Lords of such as held of them by Homage The Duke and other Lords had also Reliefs 15 l. of a Military Fee C. 34. Relief and 100 l. of a Barony upon the death of the Tenents an Earl paid 500 l. C. 35. Three Capital Aids Glanv lib. 9. c. 8. Tenents in Military Service paid three Capital Aids one to make the Lords eldest Son a Knight a second to marry his Daughter a third to redeem their Lord out of Prison C. 39 40 41 c. Glanv l. 1. c. 28. to the end Essoins Essoins or excuses for delaying Suits in Feudal Pleas were de Malo veniendi de Malo lecti per Servitium Ducis de ultra Mare de Privilegio crucis c. The same in England C. 50. Warranty Of Warranty whoever was called to it was bound to secure
great Men of Ireland and therefore ordered them to secure the peace of that Nation and sent them further private instructions by Roger Waspail who carried these Letters to whom he Commanded them to give credit This is all I find worth noting concerning Ireland in this Kings Reign who appointed Couragious Justiciaries and other Officers by whose industry and by putting the English Laws in Execution that Nation was kept in peace and quiet The Issue of King Henry the Third EDward his [1] Paris f. 488. n. 30. Eldest Son by Queen Alienor of Provence who was King of England after his death was born at Westminster upon the 16th of June 1239. Edmund his Second Son by the same Queen [2] Ibid. f. 654. n. 20. born January 16th A. D. 1245. in the Thirtieth year of his Fathers Reign He was Earl of Lancaster Leicester Derby and Campaign Lord of Monmouth and Steward of England There are by some four more Sons named but if he had them they died young Margaret his [3] Pat. 36 Hen. 3. m. 1. Eldest Daughter was Married to the King of Scots Alexander the Second a Child of nine years old Beatrice his Second Daughter so named of her Grand-mother Beatrice Countess of Provence was [4] Paris f. 5â—4 n. 20. born at Bourdeaux in Gascoigne on the 25th of June A. D. 1242. and was Married to John de Dreux Duke of Britain in France and Earl of Richmond in England Katherine the Third Daughter was born [5] Ibid. f. 879. n. 10. at London on St. Katherines day or the 25th of November A. D. 1253. and died at five years of Age. FINIS THE APPENDIX DE Sententiis Judicum CHART XCIX VAUCO IN nomine Dei Forma progreâ—suâ— in judicio Antiquitates Alaman Tom 2. fol. 3. cum resideret Vnfredus vir inluster Rhetia was toward the foot of the Alps. Retiarum N. 1 Comes incurte ad campos in Mallo publico ad universorum causas audiendas vel recta judicia terminanda ibique veniens bomo aliquis nomine Hrothelmus proclamavit eo quod in Contra Direâ—tum Coâ— Drâ—ctum Coâ—tra Drutum Contra Droâ— Gallicâ— Testimonia 〈◊〉 Tâ—sâ—eâ— common in Barbâ—rous â—â—tin Contradrutum suum Mansum ei tollutum fuisset quod ei advenit à parâ—e Vxoris suâ— simul Flavino propriâ— suum fuisset legibus suum esse deberet quin jam de TradavioVxoris suae fuisset â—dcircò suum esse deberet tum prâ—dictus Comes Convocatis illa Testimonia qui de ipso Bâ—go erant interrogavit eos per ipsum fidem Sacramentum quam nostro Domino datam haberet quicquid exinde scirent veritatem diâ—eâ—ent At illi dixerunt per ipsum Sacramentum quod Domino nostro datum habemus scimus quia fuit quidem homo nomine Mado qui ibi habuit suum solum proprium cujus conâ—inium nos sciâ—us quiâ— adjacet confineâ—â—d ipsâ—m Mansom unde iste proclamat in quâ— illi arbore durem de uno lâ—tâ—re aquâ— câ—ngâ—t inter eos terminum est in petrâ—s in arboris ipse est Dominus Nam sicut illa â—dificiâ— dâ—sursum conjungâ—nt istorum hominum proprium est illorum legibus esse debet de parâ—e Avii illorum Quinti Tunc praedictus Comes jussit ut ipsa Testimonia suprâ— irent ipsos terminos ostenderent quod dâ—ebant Quod 〈…〉 feâ—erunt ipsos terminos firmaverunt qui inter illa dâ— Mansa â—ernebant Sed pluâ—imi ibidem adfuerunt Nobiles quos ipse Comes cum â—s direâ—erat quod omnia pleniter factum fuit Vt autem haec â—iâ—ita â—unt interrogavit ipse Comes illâ—s Scabinios quid illi de hâc causâ judicare voluissent At illi dixerunt secundum istorum hominum testimonium secundum vestram inquisitionem judicamus Vt sicut davisum finitum est terminis positâ—s inter ipsos Mansos ut isti homines illorum proprium habeant absque ulliâ— contradictione in perpetuum quod in Dominico dictum terminâ— divisum coram testibus fuit reâ—eptum sit ad partem Domini nostri Proptereâ— opporâ—num fuit Hrothelmo Flavino cum Hieredibus eorum ut exinde ab ipso Comite vel Scabinis tale Scriptum acciperent About the year of our Lord 807. in the Reign of Charles the Great qualiter in postmodum ipsom Mansom absque ullius contrarietate omni Tempore valeant possidere Actum curte ad campos Mallo Publico Anno 7 Imperii Caroli Augusti 37 regni ejus in Franciâ 34 in Italiâ Datum VII id Feb. sub Umfredo Comite faeliciter Amen Haec nomina Testum Valeriano Burgolfo Vrsone Stefano Majorino Valerio Leontio Victore Maurestone Frontiano Florentio Stipfone Valentiano Quintello Stradario Et haec nomina Scabiniorum Flavino Orsicino Odmaro Alexandro Eusebio Maurentio quam etiam aliis plurimis Ego itaque VAUCO rogitus Scripsi Subscripsi All old Judgments Processes and Charts were drawâ— up in Barbarous Provincial Latin without Congruity Syntax Propriety or Elegancy The Process and Judgment is thus Englished N. 1 IN the Name of God when Humfry the Illustrious Person Earl of Rhaetia in his Pavillion in the Fields in a publick Mall or Court sate to hear the Causes of all Men or to determine according to right Judgment there came a certain Man called Hrothelm and complained That against his Right he had an House or Farm taken from him which came to him by his Wife and Flavino and was properly his own and by Law ought to be his because he had it by Livery or delivery of his Wife therefore it ought to be his Then the foresaid Earl calling Witnesses or Witnesses or Jurors were the same in the old Feudal German Law Jurors that were of the very Country or Vicinage he asked them by the Faith and Oath they had made to our Lord that whatever they knew of this Matter they should speak the truth They said By the very This Oath was made to the Emperor who is here meant by Dominus Noster Oath we have given to our Lord we know because there was a certain Man called Mado who had there his proper Soil the bounds whereof we know because it adjoyns and lies next to the very House or Farm claimed upon which there was a great Tree and one side was compassed with Water and between them was a Boundary of Stones and Trees That is Hrotheâ—m He is the Master Lord Owner or Proprietor of it For as those Buildings are joyned above they are the Propriety of those Men and ought to be theirs by the Law in right of their Grandfather Quintus Then the foresaid Earl Commanded That the Witnesses or Jurors should go upon the place and shew the Bounds they mentioned which they did and fixed the Bounds which they saw between the two Houses or Farms and there were many Noblemen there present whom the Earl directed to
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
Controversie about Investitures inter Regnum Sacerdotium between the Secular and Ecclesiastic Government or between the Emperor Henry the Fourth and Pope Hildebrand otherwise Gregory the Seventh and Pope Paschal the Second let him see William of Malmsbury who lived at the same time f. 60. b. n. 10. f. 61. a. n. 30 c. f. 93. b. n. 40. f. 94 a. b. c. And Jurets Observations upon Ivo Carnotensis his Epistles printed at Paris 1610. p. 740. upon the 233d Epistle and p. 744. upon the 236th Epistle The Decrees and Canons were the foundation of the Popes Provisions and Donations of Bishopricks and Ecclesiastic Livings afterwards in all Nations but especially this Libertas Ecclesiastica THe Right of Investiture was a main part of that which the Clergy called Church-Liberty But by it they understood and contended for a Freedom of their Persons Possessions and Goods from all Secular Power and Jurisdiction as appears by the Canons and Decrees of the Council holden by Boniface Arch-Bishop of Canterbury at Merton A. D. 1258. and confirmed by another holden at London A. D. 1260 or 1261. as may be seen in the Church Story in the Reign of Henry the Third Servi DO every where occur in Domesday Book and no doubt but their Condition was worse than that of the Bordarii See the First part of the Saxon History f. 82. B. and f. 83. and the life of VVilliam the First f. 206. F. These were of four sorts such as sold themselves for a livelyhood Debtors that could not pay their Debts Captives in War or Nativi such as were born Servants or Slaves They wrought at any time and did what their Lords commanded them Their Persons Children and Goods were the Lords they could not marry but with those of equal Condition they could not make their Wills or dispose of their Goods if they had any whatever they got by Labour was the the Lords These Servi perhaps were the same which in the Antient Surveys of Maners were afterwards called operarii who performed all servile and incertain works In the History of Ely p. 210 b. in an Account of Lands and Men deteined from that Monastery which belonged to it in the time of King Edward c. there is this noted amongst the rest Willielmus filius Gorham tenet lxxxvi homines in Meltuna Qui ita proprie sunt Abbati ut quotiescunque praeceperit praepositus Monasterii Debeut arare seminare segetes purgare Colligere vel terere Equosque invenire in omni necessitate Monasterii ire omnem rei Emendationem persolvere si quid de suo voluerint venundare à praeposito licentiam prius debent accipere These were either Servi Servants or the lowest sort of Bordarii or Socmani I take the Persons of Servants to have been always obnoxious to servitude Soca Socmanni Socagium SOca Soc. generally signifies Liberty or Privilege Fleta lib. 1. c. 47. says Soca significat Libertatem Curiae tenentium quam socam appellamus Soke signifies the Liberty of Tenants of a Court And it differs from Saca because that is a Liberty given to any one of holding Pleas and Trying Causes and also of receiving the Mulcts and Forfeitures coming from them within his Soke or Jurisdiction and comes from the Saxon Sace or German Sack a Cause Controversie or Accusation Sometime it signifies a Territory or Precinct in which Saca or Liberty of Court or Trials are exercised Sometimes it signifies a payment Westfelda c. Huic manerio adjacent T. R. E. xxx acr Terrae quas tenebat presbyter in Eleemosyna reddebat Socham i.e. he paid Rent Little Domesday Book f. 4. a. VVritelan c. ibi Dimid Hid. libere tenet 1 Sochman reddens Socam in Manerio ibid. f. 5. a. VVirecestre-scire Terra Episcopi Hund. Owldestan Episcopus habet omnes Redditiones Socharum c. Ad manerium Alvertune pertinet Soca harum Terrarum Newhuse VVesthuse Mannebi VVerlegesbi And nineteen other Farms Berwites or small Villages And then it follows Inter totum sunt ad Geldum quater Viginti quinque Carucat quas possunt arare xlv Caruc ibi fuerunt 116. Sochmani modo VVastum est The Soke of these Lands belongs to the Maner of Alvertun c. in them all there was fourscore and five Carucates which paid Rent which forty five Ploughs might Till There were one hundred and sixteen Socmans now the Maner is wast Great Domesday f. 299. a. Col. Here Soca signified a Rent for using their Land with some Privilege or Liberty In the Description of many Towns at the later End Rex Comes de Toto habent Socam or Soca Regis Comitis The King had two parts and the Earl one of the Annual Rent for liberty of using the Land Sudfulc f. 322. b. In Limberge Clamat Ivo Tallebosc super Regem vi Bovat Terrae Dicunt homines Comitatus quod ipse debet habere terram Rex Socam In Limberge Ivo Tallebosc claims upon the King six Bovates of Land the men of the County say he ought to have the Land and the King the Soke * At the latter end of great Domesday Book Clamores in Nortreding Lincoliae Super Drogonem Clamat Norman de Adreci tres bovatas Terrae In Normanbi dicit VVapentachium quod ipsius debet esse Terra Drogonis Soca Ibid. in VVesttredinge In both these places here was the Land and the Liberty of the Land that it might be used without too strict Impositions and hard services upon it and for this Protection of it there was an Annual Rent paid which was called the Soke In Ristuna iii liberi homines vi acr val xvi d. In his non habuit Baignardus nisi Commendationem Sanctus Benedictus Socam Invasiones in Nordfulc Rogerus Bigot tenet in Plicham x liberos homines de lxxx acr c. de his habuit suus Antecessor Commendationem tantum Stigandus super unum Socam Commendationem super alios Socam Ibid. Hund. Dimid de Fredebruge In Grestuna iv liberi homines xxvi acr Quod tenet idem Rogerus de Rege val iv Sol. in hoc non habuit Antecessor Rogeri nisi Commendationem Rex Comes Socam Ibid. Hundred de VVanelunt In Dersincham 1 lib. homo xii acr val xii d. hoc tenet Petrus Valoniensis de hoc habuit suus Antecessor Commendationem tantum Stigandus Socam Ibid. Here I confess I am in the dark for 't is clear Commendation and Soke are two different things referred to the same thing and yet they both signifie Privilege and Protection for which those that received them paid an Annual Stipend or Rent Stanford Burgum Regis c. In his Custodiis c. sunt lxxvii mansiones Sochemanor qui habent Terras suas in Dominio qui petunt Dominos ubi volunt Super quos Rex nihil habet nisi Emendationem forisfacturae eorum et heriet et Theloneum
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.
payment of Tithes another for the payment of a Penny to Rome imposed upon every House at the Feast of St. Peter under the Forfeiture of 120 shillings to the King many Canons also were set forth in his time which relish of the present Age and contain nothing extraordinary Edward the younger A. D. 975. Malms l. 2. de gest R. R. c. 9. Florileg A. D. 975. Opposed by his Mother in Law Elsted Edward called the younger the eldest Son of Edgar by Egelfleda his Wife was placed in his Fathers Throne according to his just right but contrary to the design of Elsrida his Mother in Law and second Wife to Edgar who made it her business to set up her own Son Ethelred a Child of seven years of Age and half Brother to Edward that she in his Nonage might govern the Nation The Factions between the Monks and Secular Priests begun in Edwin's days The Controversie between the Monks and Seculars divides the Nobility were now revived and extended themselves to the Nobility many of which sided with each Party Dunstan with the Monks and all that Party adhered closely to King Edward the Seculars and other Party favoured Queen Elfrid and her Son Ethelred many of the Nobility and great men threw out the Abbats and Monks which Dunstan had placed in Monasteries Ibidem and brought in and placed there Secular Clerks or Priests and their Wives Two Councils about this Controversie A.D. 975 977. several Synods or Councils were held about this Controversie between the Monks and Seculars one at Winchester another at Caln in Wiltshire That at Winchester ended with confirming the Monks in their Possessions moved to it by the voice from a Crucifix pronouncing in favour of them Ibidem the issue of that at Caln is not clearly affirmed by the Relators telling only a Story of a Beam that fell down while the Discourse was hot about matters in Difference where all or most were slain but Dunstan who strangely escaped Amidst these Contests of the Clergy and Nobility Queen Elfrid took her opportunity of murthering Edward to make way for her Son Ethelred Ib. A.D. 978. Edward murthered by Elfrid his Mother in Law which she caused to be done after this manner Edward weary with Hunting and being very thirsty alone while his Attendance followed the Dogs hearing that his Mother and his Brother Ethelred were at (k) Camb. Ibid. Now Corfe Castle in the Isle of Purbecke in Dorsetshire Corvesgate innocently went thither she with all Demonstration of kindness welcoming him commanded drink to be brought forth and while he was drinking caused one of her Servants privately before instructed to Stab him after he had reigned about three years Edward thus removed Ethelred A. D. 979. left his half Brother Ethelred right Heir to the Crown which he received in the presence of Dunstan Archbishop of Canterbury Oswald Archbishop of York Flor. Wigorn. A. D. 978. and ten Bishops more whom Dunstan severely rebuked for aspiring to the Kingdom by Blood and prognosticated the Inundation of the Danes which followed This King's Easiness Inactivity and Softness An easie unactive King gave the greatest occasion to the Danes Conquest who well understanding his Temper and enticed by the Riches of the Nation The Danes after many years quiet invade England and their Country-men here who lived in great peace and quietness until this time first landed in one place then in another 't is to no purpose to name the particular places or follow them in their Sea-rambles and Landings first seizing the Towns and Countries near the Sea then others more remote until at last they wasted the whole Nation Ethelred often attempted to drive them out of the Kingdom and sometimes did beat them but to no purpose they always retired to their Ships with their Plunder and Spoils and as often as they were worsted were reinforced from Danemark and Norway His Nobility were not unlike him being Easie Supine and Cowardly and most of them allyed to the Danes in Blood Ethelred betrayed by his Nobility so that upon any great occasion or fair hopes of Victory over them he was for the most part by Fear or Treachery betray'd by some of them but by Edric more especially After many years experience of their barbarous Murthers and Cruelties by the consent and advice of his great men The Danes barbarous Cruelty he sent Messengers to them to buy Peace offering them Tribute which was called (l) Compounded of the words Dane and Gelt or Geld that is Money Danegeld what it was and this word signified as much as Danes Money Tribute or Tax paid to them The first Tribute paid to the Danes that they should abstain from Rapines Burnings Flor. Wigorn. A. D. 991. Ethelred buys Peace Ibid. A.D. 994. and Slaughters of men upon the Sea Coasts and hold a firm Peace with the English was 10000 l. in the year 991. See Lambard fol. 90. Foedus Ethelredi cum exercitu Anlavi c. The next Tribute paid them for the same Purposes in the year 994. was 16000 l. The third paid in the year 1002. was 24000 l. Ib. A. D. 1002· The fourth paid in the year 1007. was 36000 l. Ib. A.D. 1007. The fifth paid in the year 1012. was 48000 l. Ib. A.D. 1012. The sixth and last paid for the same ends and intention to the Danish Army Ib. A.D. 1018. At this day very near if not full two Millions Sterling when Cnute was King of England and Danemarke in the year 1018. was for all England 72000 l. and for London 10000 and 500 l. Cnute carrying and sending away the greatest part of his Army and Fleet into Danemarke Danegeld and a present Sum of Money Flor. Wigorn. A.D. 991 994 c. so as they would desist from their Rapine and horrid Devastations with which they seemed satisfied but still destroyed the Country Peace and Leagues were often made with them and they as often broke them after they had found the English would bleed Money They often for a while left England gave over wasting it and retired home with their Fleets but it was that they might return with greater Force and receive a greater reward for their Barbarous Hostilities and unheard of Cruelties until the Nation was exhausted of its Wealth and Glory Ethelred A. D. 1012. It is Storied that the Danes thus (m) The Danes say some of our Authors lived lazily and idly here taking their Pleasures while they made the English their Slaves and Drudges abusing their Wives and Daughters hence they were called Lord-Danes and at this day in some Countries they yet call a lazy idle Fellow Lurdan which seems to be a corruption of Lord Dane lording it and domineering over the English Ethelred thought to effect that by Policy which by force he could not Mat. Westm A. D. 1012. and by the advice of some great men
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
Conqueror by his half Sister Maude Countess of Albemarle the eldest Maude being Married to Simon de St. Liz or Sylvanectensis with whom he had the County of Huntington c. and the third was Married to Robert the fifth Son of Richard de Tonebridge Ralph de Conchis the Son of Isabel and Ascelin Goell and Almaric de Monteforti joyned their Forces and wasted the Country but were not able to do much for him for Eustachius had with him William Alis Ralph Rufus and Tedbald and other his Barons which made a stout resistance by whose Advice against so many Enemies he craved the help of the King of England who Married his Natural Daughter Julian to him and gave him such Assistance as neither Goel nor all his other Enemies could withstand After this Match King Henry [4.] Ibid. 811. B. C. D. An. Do. 110â— employed Robert Earl of Mellent to compose the Differences in Normandy and sent to Duke Robert and other great Men to assist his Son in Law and resist his Enemies otherwise they should feel his displeasure Many that were his Enemies not willing to disoblige the King became Friends to Eustace yet Raynald and Goel persisted and by a nefarious rashness committed Slaughters and Burnings but Eustace prevailed gained the possession of his Fathers Honour and Raynald was beaten out of the Country Then Robert Earl of Mellent soon reconciled all other litigating Parties and made perfect Peace between them In the mean time [6.] Ibidem The Duke makes Peace with Robert de Belismo without Advice of his Brother the Duke seeing the desolation of his Country and not able to defend it against Robert de Belism without Advice of his Brother contrary to Agreement made Peace with him and granted him his Fathers Honours and Estates the Bishoprick of Seez and others beforementioned [7.] Ibid. fol. 812. A. The Bishop and Abbat of Seez Curse Robert de Belismo and flee into England The Bishop of Seez Serlo and Ralph Abbat of the same not willing to live under the Power and Tyranny of this Robert after having Anathematized him departed from that place and fled into England to King Henry who received them very kindly Not long after many Honourable [8.] Ibidem 813. D. The Normans Petition King Henry to take their Country into Protection He passeth into Normandy Persons of the Normans as well of the Clergy as Laity reflecting upon the Miseries of the Church of God and their Country Petitioned Henry to come over and take it into his Protection and to Correct the Prophane Spoilers with the Rod of Justice Accordingly he passes into Normandy with a great Fleet and visits Danfront and other Towns subject to him [9.] Ibidem fol. 814 A. The English Normans adhere to the King against the Natural Normans The King rebukes his Brother and was very Honourably received by his own great Men and plentifully presented after the Royal Custom For Robert Earl of Mellent Richard Earl of Chester Stephen Earl of Albamarle Henry Earl of Ou Rotro Earl of Mortaigne in Perch Eustace Earl of Breteul Ralph Earl of Conches Robert Fitz-Haymon Robert de Monteforti Ralph de Mortemer and many others which held of him great Estates in England and now being in Normandy did all adhere to him with their great Men and were ready to fight for him against the Natural Normans Few days after he sent to his Brother for a Conference in which he rebuked him for breaking the [1.] Ibidem B. C. The Duke desired his Friendship which he obtained and the King returned into England Accord made between them in England for making Peace with Robert de Belism a Traytor to them both and restoring him to his Fathers Lands and Dominions and for many other things The Duke fearing his Brothers Power desired his Friendship and they being reconciled the King before Winter returned into England No sooner was [2.] Ibidem C. D. In King Henry's absence Robert de Belismo seized the Lands killed the Tenents and burnt the Houses of such as favoured him The Normans apply themselves to the King of England he gone but Robert de Belism with his Nephew William Earl of Mortain in Normandy and as many Nobles as he could seduce broke out into War again and fell upon such as favoured the King seized their Lands killed their Men or Tenents and burnt their Houses The Plowmen and ordinary People fled into France with their Wives and Children and suffered great Miseries during their abode there In the midst of these Miseries they apply themselves again to the King of England who in the last Week of Lent [3.] Ibidem fol. 815. A. landed again at Barbaflot in Normandy and on Easter-day was at Carenton seated on the River Vire where Serlo the Bishop of Seez came to him and offered his Service who going with the King into the Church at Carenton to Celebrate the Solemnity of Easter they found it almost filled with Chests and Houshold-Stuff of the Country People which was brought thither as to a place of safety [4.] Ibidem B. C. Upon which Spectacle the Bishop in an Harangue to the King laid open the Miseries of that Country and shewed him what the People were forced to do to secure themselves from Robbers Plunderers and Spoilers The Bishop of Seez exhorts King Henry to Conquer Normandy Telling him also it was for want of a good courageous Prince and Governor that these things happened and then exhorted him by the Sword of Justice to Conquer and defend the Dukedom [5.] Ibid. D. He resolves to procure Quiet to the Church Many Noble Normans encourage him to it An. Do. 1104. The King encouraged by this Speech of the Bishop and what he heard from the Noblemen which were with him immediately resolved by their Assistance to procure the Peace and Quiet of the Church of God The Earl of Mellent with the consent of the great Men present advised and urged him to put in execution what he had resolved But before they made any progress in this Affair the Bishop had a small job of work to do The Normans then wore very long Hair and used much art in preserving and making it as was then thought Ornamental [6.] Ibid fol. 816. A. B. C. The Eloquent Prelat says the Historian continues his Preachment and inveighs mightily against that Vice admonishing and exhorting the King to shew a good Example to others and suffer his Hair to be cut off first He submitted to have it done Serlo Bishop of Seez cuts off the Kings Hair and the Bishop presently drew a Pair of Sissors out of his Sleeve and first Polled the King and then the Earl and many Noblemen with his own Hands and the People fearing the Kings Edict came from all parts and strove who should be first Polled or Clipt After the Solemnity of Easter King Henry [7.] Ibidem King Henry Chastiseth
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
his Legats with power to pass into Ireland and Crown John the Kings Son But his Father deferred the Coronation and carried the Legats into Normandy to a Conference between him and Philip King of France So that not being Crowned John contented himself with the Title of Lord of Ireland ever after Besides the Title of Conquest King Henry's [9] Girald Cambr. lib. 2. c. 32. f. 806. n. 20. Henry the Second his Title to Ireland Title of meer Right was That Richard Earl Strongbow who married Eva the Daughter and Heir of Dermot Mac Murchard King of Leinster granted all his Right and Title to him and the rest of the Princes in a short time after voluntarily subjected themselves to him and gave him an irrefragable Title A Catalogue of many of the Chief Adventurers in the Conquest of Ireland made out of Giraldus Cambrensis as it is to be found in Camdens Description of that Kingdom and in Dr. Hanmer f. 136. Corrected in many places Half Brothers by the Mother Ann. Dom. 1170. RObert Fitz-Stephan Maurice Fitz-Gerald David Barry Hervy de Monte Marisco Married Nesta Daughter to Maurice Fitz-Girald William Nott. Maurice de Prendregast Meyler Son of Henry Fitz-Henry who was Son of King Henry 1st by Nesta Mother to Robert Fitz-Stephan and Maurice Fitz-Girald Reymond le Gosse Nephew to Robert Fitz-Stephan Married Basilia the Sister of Earl Strongbowe William Ferrand Richard Strongbowe Earl of Stiguil alias Chepstow Brethren and Nephews to Robert Fitz-Stephan and Maurice Fitz-Girald Miles Cogan alias Cogham Richard Cogan alias Cogham Henry Second King of England Ann. Dom 117â— Hugh de Lacy. William Fitz-Adelm Ralph Abbat of Buldewas in Normandy Ralph Arch-Deacon of Landaf Nicholas the Kings Chaplain Humphry de Bohun Robert Fitz-Bernard Hugh de Gundevilla Philip de Breusa alias Braosa William de Breusa alias Braosa Philip Hastings Silverster Giraldus Barry Cambrensis Director or Tutor to John the Kings Son John Redensford William Fitz-Maurice Eldest Son to Maurice Fitz-Girald he Married Alnia the Daughter of Earl Strongbow Cambren lib. 2. c. 5. Two other Sons of Maurice Fitz-Girald Girald Alexander Griffin the Son of William Fitz-Maurice Brethren Adam Hereford Hereford Purcell Nicholas Wallingford a Prior afterward Abbat of Malmsbury David Welsh Nephew to Reymond le Grosse Geofry Judas Reymond Kantitunensis Reymond Fitz-Hugh Miles of St. Davids Osbert of Herford alias Haverford West William Bendeuges Roger Poer alias Puyer Adam of Gernemie alias Gernemne Hugh Tirell John de Courcy Almeric alias Amoric de Sancto Laurâ—ntio though not found in Cambrensis Hugh Cantwell Redmond Cantimore Church Affairs in this Kings Reign whereof the chief and greatest are conteined in the Brief but Clear Account of the Life and Death of Thomas Becket Archbishop of Canterbury IN the Second year of his Reign Ann. Dom. 1155. King Henry to the Honor of God and Holy Church and for the Emendation of his whole Kingdom Granted and confirmed to God [1] Append. N. 40. King Henry's Grant to Holy Church and to the Earls Barons c. and Holy Church and to all Earls and Barons and all his men omnibus hominibus meis All the Customes omnes Consuetudines which his Grandfather King Henry Gave and Granted to them by his Charter and abolished all ill Customes and therefore Willed and firmly Commanded That Holy Church and all Earls and Barons and all his men or feudataries should have and hold all those Customes Donations Liberties and free Customes freely quietly wholly and in peace of him and his heirs to them and their heirs so freely quietly and fully in all things as King Henry his Grandfather gave and granted and by his Charter confirmed unto them About the Year 1162. certain 2 Gul. Neubr lib. 2. c. 13. A. D. 1162. A Sect called Publicans came out of Germany into England Wandring people called Publicans came out of Germany into England which had infested many parts of France Spain Germany and Italy with their Doctrines They were in number about thirty men and women who dissembling their Design came peaceably into the Nation under the Conduct of one Gerard who they respected as their Master and Leader He was somewhat Learned but the others were unlettered ignorant meer Rusticks who spake the Teutonie Language and were of that Nation They had been some time in England yet Converted one Woman only Being discovered they were put in Prison The King not willing to Dismisse or Punish them without Examination They were Convented before the Bishops Their Opinions Convened a Council of Bishops at Oxford before whom they were Convented touching their Religion where Gerard undertaking the Cause and speaking for them all Answered they were Christians and had a veneration for the Apostolic Doctrine and being interrogated concerning the Articles of Faith they answered rightly as to the Substance of them concerning God * De Divinis Sacramentis perversa dixerunt Sacrum Baptisma Eucharistiam Conjugium detestantes but as to the Divine Sacraments they spake perverse things Abhorring and Detesting Baptism the Eucharist and Marriage and Derogating from the Vnity of the Church When they were urged with the Testimonies of holy Scripture they Answered they Believed as they had been Taught and would not dispute concerning their Faith Being admonished to return to the Vnity of the Church they despised all advice And being Threatned they Laughed that for Fear they should be brought to Repent saying Blessed are they that suffer Persecution for Righteousness sake for theirs is the Kingdom of Heaven Then [ ] Ibidem The Bishops pronounce them Heretics They are delivered to the secular power They are Burnt in the Foreheads and Whipâ— They rejoyce at their punishment the Bishops publickly pronounced them Heretics and Delivered them over to the Temporal Power to be Corporally punished The King Commanded they should be Burnt in the Forehead with the Mark of Heretics and be Whipt out of the City in the Sight of the people strictly forbidding every person to give them Lodging or any other Comfort They Rejoyced at the Execution of the Sentence and made hast through the City their Leader singing before them Blessed shall ye be when men hate you who was doubly Cauterized in the Forehead and Chin. It was in the Depth of Winter and they miserably perished none affording them succour The Life Actions and Behaviour c. of Thomas Becket Arch-Bishop of Canterbury THomas [4] Gul. Fitz-Steph p. 1. Col. 1. Becket was the Son of Gilbert sometime Sheriff of London [5] Ibidem Tho. Becket Educated at Paris Clerc to the Sheriffs of London In his Childhood he was taught in his Fathers House and the City Schools in his Youth he Studied at Paris Upon his return he was in part received into the care of the Government of the City of London and was made Clerc to the Sheriffs and their Procurator Accountant or Manager of that Office in which he behaved himself
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
Elias Arch-Bishop of Burdeaux William Bâ—shop of Poictiers and Henry Bishop of Sainctes for that they were related in the third degree of Consanguinity Being thus divorced by the advice of his Lord Philip King of France He is Married to Isabell Daughter to the Earl of Engolesme he Married Isabell the Daughter of Aymer Earl of Engolesme whom he had first given by the request and direction of King Richard to Hugh le Brun Earl of Marche they had promised one another and were betrothed but because she was not of years of Marriage Earl Hugh would not Marry her in the face of the Church and her Father perceiving King Iohn had an affection for her he took her from Earl Hugh and gave her to him and they were Married at Engolesme by the Arch-Bishop of Burdeaux The same year [3] Ibid. f. 458. a. l. 5. c. A. D. 1200. the Earl of St. Giles doth Homage to King John the Earl of St. Giles did Homage to King Iohn for the Lands and Castles which King Richard had given him in Marriage with his Sister Ioan so as his Son Raymund by her should have them and do Homage to his Vncle Iohn when he came to years of Discretion and if he should decease without Issue then they were to revert to the Earl of St. Giles and he and his Heirs should hold them by Hereditary Right of the Earl of Poictou by the service of coming with 500 Knights or Horsemen to him for one Moneth at his own charge whenever he went with his Army into Gascony but if he staid longer they were to remain at the charge of the Earl of Poictou From [4] Ibid. n 10. thence King Iohn went to Anger 's and took One hundred and fifty Pleges or Hostages for their Fidelity and put them in Custody and the same year King Iohn took of [5] Ibid. n. 20. Walter Arch-Bishop of Roven * i. e. 200 l. English 600 pounds of Anjou Money to confirm by his Chart all those things which King Richard had given him in Exchange for Andeli to wit The Town of Diepe with its Apertinences and Lovers with its Apertinences the Forest or Wood of Aliersmont and the Mills of Robech The Pope sent Cardinal [6] Ibid. f. 461. n. 1. Octavian Legat into France to hear and determine the Cause of Divorce between the King of France and his Queen Botilda as Hoveden calls her The French Writers name her * Happily she might have two and both these Names du Serres calls her Gelberge Rigord calls her Ysamburg Isemberg with this direction That first before he heard the Cause he should compell him to put away his German Adulteress and receive Botilda or Isemberg and treat her like his Wife ut ipse imprimis ante Ingressum litis compelleret Regem Franciae dimittere Adulteram suam Teutonicam c. On the Vigil of the Nativity of the Virgin Mary or 7 th of September the Cardinal the Arch-Bishops Bishops and Clergy of France met at Nibell and the King of France with his Queen and Teutonick Lady came thither and by the admonition of the Cardinal and advice of his Friends he dismissed her and received again his Queen King Philip receives his Queen again and then made his complaint That she ought not of right to be his Wife for they were near related in Consanguinity and affirmed he could prove it to be so and required they might be divorced The Cardinal gave him the time of six Months six Weeks six Days and six Hours to consider of it and appointed the place of Hearing the Cause at Soissons according to the Queens desire * Ibid. n. 20. The Interdict released France by procurement of the King of Denmark was under an Interdict for the Kings Repudiating his Queen which so soon as he received her again was released by the Cardinal In the middle of [7] Ibid. f. 462. b. n. 20.30 c. King Philip demanded to be Divorced Lent next following Philip and his Queen met again before the Legat at Soissons and the King by his Lawyers demanded to be Divorced for the reason before-mentioned On the Queens behalf there were present several Bishops and other honest and discreet Men Et alii honesti viri disereti sent from her Brother Cnute King of Denmark who after Security given them that they might freely answer allege and safely return home they said the King of France had sent to the King of Denmark to desire his Beautiful Sister in Marriage and that she might be sent to him which by advice of the Great Men of his Kingdom was done That the Messengers which came for her did Swear on behalf of the king and for themselves That she should be honorably used as a Queen and of this they could produce his Chart and the Charts of the Great Men that came for her and therefore Appealed them of Perjury and breach of Faith before the Pope They also Appealed from Cardinal Octavian the Judge to the Pope for that he was related to the King of France and would favour his Cause and the Queen likewise Appealed which when Octavian had heard he desired them to stay a while until his Collegue came that was joyned in Commission with him from the Pope and he should hear and determine the Matter after three days he came and did hear it and found no cause of a Divorce between them of which the King of France having notice He could not obtain it and that he would give a definitive Sentence against him he departed before he had pronounced it and carried his Queen with him and put her into more streight Custody than before In the [8] Ibid. f. 4â—1 a. â— 30.40 King John and Queen Isabel Crowned moneth of October King Iohn having setled his affairs in Normandy and his other Transmarine Countries came into England and brought with him Isabel his Wife and upon the eighth Day of that Moneth they were both Crowned at Westminster by Hubert Arch-Bishop of Canturbury Presently after his [9] Ibid. b. lin 4. n. 10.20.30 40. He sends to the King of Scots to meet him at Lincoln Coronation King Iohn sent Philip Bishop of Durham Roger Bigot Earl of Norfolk Henry de Bohun Earl of Hereford David Earl of Huntington Roger de Lasci Constable of Chester William de Vesci Roger de Ros and Robert Fitz-Roger Sherif of Northumberland to William King of Scots with Letters Patents of safe Conduct and to wait upon him into England to meet King Iohn at Lincoln on the Morrow after the Feast of St. Edmund the King November 21st they met accordingly and the next day they came to a Treaty or Parley upon a steep Hill convenerunt ad Colloquium super Montem arduum without the City and there in the view of all the people William King of Scots became King Iohns Man The King of Scots doth Homage to
he had been chosen by the Popes procurement but the execution of these points was delayed until the Octaves of or Eight days after Midsummer after the Treaty King John sent his Mother Alienor to Alfonso King of Castile for his Daughter that was to be married to Lewis An Ayd of 3 â— every Plough-land Son of Philip King of France and in the mean time he passed into England and took of every Plough-land of all England Three shillings for an Ayd Et cepit de unaquaque Carucata totius Angliae tres solidos de auxilio In Lent he went to York expecting the King of Scots would meet him there but he came not and then he returned into Normandy In the mean time [6] Ibidem f. 456. a.n. 30. A. D. 1200. his Mother Alienor had brought her Grandchild and his Niece Blanch as far as Burdeaux The old Queen wearied with the length of the Journey took in at the Abby of Font-Ebrald to refresh her Self Articles of the Treaty between the two Kings executed and the young Lady passed on under the Conduct of the Arch-Bishop of that City into Normandy and was by him delivered to her Uncle King Iohn Eight days after Midsummer as it was appointed the two Kings met and Treated Convenerunt ad Colloquium in which Treaty the King of France delivered to King Iohn the City of Eureux with the Earldom and all the Castles Cities and Lands he had possessed himself of by War in Normandy and the other Dominions of the King of England and King Iohn presently became his Man or did him Homage [7] Ibid. n. 40.50 King John doth Homage to King Philip. Iohannes Rex Angliae statim devenit inde homo Philippi Regis Franciae and forthwith gave all these things to Lewis his Son in Marriage with his Niece who the next day were Married in Normandy by the Arch-Bishop of Burdeaux in the presence of many Bishops and Religious persons and many Earls and Barons of France which was then under the Sentence of Interdict for the Kings Repudâ—tion of Isemburg of Denmark The same day the [8] Ibid. b. l. 1 2 3 4. Duke Arthur doth Homage to King John two Kings were at a Colloquium or Parle at Vernon where Duke Arthur did Homage to his Vncle King Iohn by consent of the King of France for Britany and his other Countreys but was delivered by him to the King of France in custody And that this Peace might remain the more firm the particulars of it were put in writing and it was Agreed that if in any thing The conditions of the Treaty between the two Kings the King of France did violate it then the Barons of France which he assigned his Fide-jussors or Security for the preservation of it and their Men or Homagers were to be free from the Fealty they ought him and were obliged by Oath to go into the service of the King of England to assist him and in like manner the Barons of the King of England that were his Vndertakers and Security obliged themselves to desert him and help the King of France and were freed from their Fealty if he brake it The particulars of this Peace are now of small moment unless that they shew the manner of Estates and way of Living was then the same all France over in Normandy and in England and perhaps in most parts of Europe That part which the King of France executed and remained with the King of England is to be found in Hoveden f. 463. a. n. 10. And that part which the King of England executed and remained with the King of France is to be found in the Norman Writers put out by Dâ— Chesne A. D. 1619. f. 1055. B. This year there happened a famous Tryal about the Title of a Barony which Hoveden hath misplaced A Tryal about the Title of a Barony for it was before the King when he was in England before he returned into Normandy to Marry his Niece and perfect the Treaty which he had begun with the King of France Soon after Christmass as appears by the day and time when it was and for many circumstances and particulars in it may not be unworthy the relating VVilliam de Stutevill [9] Ibid. n. 20 30 40 50. gave King Iohn three thousand Marks of Silver to have a Judgment or determination concerning the Barony of VVilliam de Mowbray which he claimed against him him in the Kings Court. For that Robert Grundebeof the great Grand-father of that VVilliam Stutevill had that Barony from or by the Acquest of England de Adquisitione Angliae But that Robert Grundebeof leaving King Henry Son of VVilliam the Bastard who conquered or subdued England by the Sword Qui Angliam Bâ—llo sibi subjugavit and adhering to Robert Curthose Duke of Normandy claiming the Kingdom of England De Jure paterno by Right from his Father against Henry his younger Brother who was taken prisoner in the Battle between them at Tenerchebray in Normandy and kep in prison to the end of his Life as also was Robert de Grundeveof whose Barony King Henry gave to Nigell de Alvery the great Grandfather of VVilliam de Mowbray This Barony Robert de Stutevill Father of the said William de Stutevâ—ll claimed in the time of Henry the Second against Roger de Mowbray Father of the said William de Mowbray and they came to this agreement That Roger de Mowbray gave to Robert de Stutevill Kirkeby in Moresbevev with their Appertenances for Ten Knights Fees and for the Release of his claim but because this was not confirmed and strengthened in the Kings Court The foresaid William Stutevill renewed the controversy concerning that Barony in the Court of King Iohn And the matter had been long discussed at length by the Counsel of the Kingdom and Will of the King Consilii Regno The determination of the Controversy voluntate Regis Peace and final Concord was made between them in this manner That William de Stutevill renounced his Claim to the Barony and William de Mowbray gave to him for his Homage and renouncing his Right nine Knights Fees and twelve pounds Rent by the year and so releasing all Plaints or Actions on both sides Et sic remissis omnibus Querelis hinc inde they were made friends before King Iohn A. D. 1200. facti sunt amici coram Iohanne Rege Angliae in the Second year of his Reign at Louth in that Division of Lincolnshire called Lindsey on the first Sunday of Septuagesima That is Sunday forthnight before Shrovesundy Presently after the [1] Ibid. f. 457. l. 4. King John Divorced from his Wife Peace before-mentioned was made between the King of France and King Iohn he went with a great Army into Aquitan and found none that resisted him [2] Ibid. n. 10. The same year he was divorced from his Wife Hawis or Avis Daughter to William Earl of Glocester by