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
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
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
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.
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
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
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
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
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
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.
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
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
he died without Issue accompanying King Henry the Second at the Siege of Tholose Anno Domini 1159. or 1160. 4. Maud [2.] Ibidem his eldest Daughter died young 5. Mary [3.] Ibidem f. 44. his second Daughter first Nun then Abbess in the Nunnery of Rumsey in Hampshire being secretly taken from thence was Married to Matthew Earl of Flanders c. and had Issue by him two Daughters Ida and Maud c. His Natural Issue were 1. WIlliam [4.] Ibidem who in a Charter of the former Williams is called his Brother c. 2. Gervase [5.] Ibidem begotten of a Norman Gentlewoman named Dameta and brought into England in the year 1140. was Abbat of Westminster twenty years and died in the year 1160. THE REIGN OF King Henry II. Anno Domini 1154. WHen King Stephen died King Henry was in Normandy and after his death so soon as he had notice came for England and landed here on the Seventh of December [1.] F. 92. n. 20. How King Henry came to the Crown and as Mat. Paris says was received by the Clergy and People with great Joy and by their Acclamations saluted King and Crowned at Westminster on the Nineteenth of the same Month by Theobald Arch-Bishop of Canterbury John Brompton [2.] Col. 1043. n. 40. writes That Stephen being dead Henry the Second the Son of Maud the Empress was by Arch-Bishop Theobald Consecrated King and received an Hereditary Kingdom without diminution The People shouting for Joy and Crying out Let the King live * Gervas Chron. Col. 1377. n. 30. He Banisheth or thrusts out the Flemmings and Strangers out of England He held his Court at Christmass at Bermundsey where he Treated with his Principal Men concerning the State of the Kingdom and setling Peace and resolved to expel the Strangers out of England and destroy the small Places of Strength built during the War In the Reign of King Stephen many Strangers Flemmings especially came over as Soldiers in hopes of great Booty and Plunder and had seated themselves in England by the permission of that King and were very loath to leave their warm Seats yet by his [3.] Ib. n. 50. He demolisheth the new built Castles Edict fixing them a day for their Removal when they saw they could not continue here they left the Nation and his next work was to have all the Castles demolished which had been built since the [4.] Ibidem n. 60. death of his Father except some few which were kept up for the Strength of the Nation The [5.] Ibidem Col. 1046. n. 40 50. He recalled the Crown Rents and Lands Crown Lands and Rents which King Stephen had given to his Followers he recalled and Commanded That whosoever were possessed of them they should be restored wholly and fully without any manner of diminution Many pleaded the Charts and Donations of King Stephen To which King Henry Answered That the Charts of an Invader ought not to prejudice a Lawful Prince They were very loath at first but at length they all resigned up theiâ— Usurped Estates In Northumberland they were most resolute and therefore [6.] Ibidem n. 50 60. King Henry went thither and cited before him William Earl of Albamarle and others who with great grief submitted to his Power and yielded up the Kings Lands and Demeasns which they had possessed many years together with the Castle of Scardeburgh in Yorkshire Hugh Mortimer only opposed the King who when he was Commanded to deliver his Castle of Bridgnorth in Shropshire fortified it against him which the King besieged and in a short time took and he begging the Kings Mercy for his Rebellion was Pardoned delivering also his other Castles From William the Son of King Stephen he took all the Lands his Father had given him except such as he held in the time of King Henry his Uncle In the time of Contention between [7] Ibidem Col. 1047 n. 10. Mat. Paris f. 96. n. 40. Maud the Empress and King Stephen for the Kingdom of England David King of Scotland had in her Name seized upon the Counties of Northumberland Cumberland and Westmerland and possessed them as his own These King Henry required of him and the then King of Scotland Malcolm presently parted with them and all their Rights receiving from him the Earldom of Huntington as belonging to him of Ancient Right In March the Queen was delivered of a Son at London called after his [8.] Chron. Gervas Col. 1377. n. 50. Fathers Name Henry After Easter there was a [9.] Ibidem Col. 1378. n. 20. An. Dom. 1155. Henry Son of King Henry born General Convention of the Bishops and Chief Men of all England at Walingford where they sware Fealty to the King and his Heirs to his eldest Son William if he should outlive his Father and to the Infant Henry if he outlived his Brother Not long after the [1.] Brompton Col. 1047. n. 50 60. Col. 1048. n. 10 â—0 Guil Neub rerum Angl. lib. 2. c. 5. Mat. Paris f. 96. n. 50. Rad de Diceto Col. 535. n. 20. An. Do. 1156. The Welsh Conqueâ—ed and yield Welshmen making Incursions into England King Henry raised a great Army to subdue them or at least bring them to a Peaceable Correspondency The Welsh trusting to the security of their Woods and Mountains retreated thither upon his Approach The Van of the Army marching on as well as they could in those places was intercepted by them and a great part of it cut off Henry de Essex the Kings Hereditary Standard-Bearer threw it down and fled and told those which he met the King was dead which put the Army into great confusion but upon the Kings hasty appearance it received new vigor Rallied and forced their Enemies to such Terms as satisfied the King He cut down their Woods and made open Ways into their Country had the Castle of Roelent and all other Places of Strength delivered unto him which they had taken from his Predecessors and received the Homage and Fealty of their Nobles and Great Men. For his Cowardise [2.] Ibidem An Appeal of Treason Henry de Essex was charged by Robert de Montfort a Nobleman of Fame with Treason and in a Trial by Battle was vanquished for which he ought to have lost his Life by Law but the King spared that causing him to be Shorn a Monk in the Abby of Reding and seized all his great Estate The Welsh thus secured the King had news that his Brother [3.] Joh. Brompton Col. 1048. n 40 50. An. Do. 1257. According to Mat. Paris 1156. King Henry's Brother Geofry claims Anjou Pleads his Fathers Will and Brothers Oath Geofry was very troublesome beyond Sea He was his next Brother and his Father Geofry Earl of Anjou had by Will given him that Earldom when his Brother Henry should be possessed of the Kingdom and Dukedom of Normandy his Mothers Inheritance and
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
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