Witness Roger Bishop of Salisbury William de Curcey and Adam de Port at Winchester In these times and for a Century or two of years afterwards the Trials for Lands and Goods in the * See the old Registers Leigers Couchers and Histories of the Great Monasteries Ely Bury Ramsey Abendon c. County * See the old Registers Leigers Couchers and Histories of the Great Monasteries Ely Bury Ramsey Abendon c. Hundred and Lords Courts were very considerable and for good Quantities of Land and the Suitors to the Hundred and County Courts were as considerable all Men especially of the Laity of what Quality soever within the Hundred ought their Attendance there as appears by this Writ Henricus [1] Monast Angl Vol. 3. f. 262. Col. 2. n. 50. Rex Angliae omnibus Baronibus Vavasoribus omnibus Dominis qui Terras Tenent in Well-Wapentach Salutem Praecipio quod omnes veniatis ad placitum Wapentachium Episcopi Lincoln quod de me tenet per summonitionem Ministrorum suorum Et facietis ei omnes Rectitudines consuetudines in omnibus Rebus quas ei debetis de Terris vestris ad illud VVapentachiumâ— ita bene plenarie sicut unquam plenius fecistis Roberto Episcopo vel alicui Antecessori suo quas juste facere debetis nisi feceritis ipse vos justiciet per pecuniam vestram donec faciatis ne perdam pecuniam meam quam Episcopus mihi inde reddere debet Teste Episcopo Sarum G. Canc. apud Fereham Henry King of England to all Barons Vavasors or Knights and Lords of Maners which hold Lands in Well-Wapentach Greeting I Command that you all come to the * The same with an Hundred VVapentach-Court of the Bishop of Lincoln which he holds of me at the summons of his Bailiffs and perform to him all Services and Customs in all things which are due to him from your Lands at that Court so well and fully as ever ye performed them to * Robert Bloet who died Jan. 10. A. D. 1122 Alexander succeeded him and was consecrated A. D. 1123. Jul. 22.23 Hen. 1. Robert the Bishop or any Antecessor of his and which ye ought justly to do and unless you perform them he shall Distrein your Goods until you do it lest I lose my Rent which the Bishop is to pay me for the VVapentach Witness the Bishop of Salisbury and G. the Chancellor at Fereham In the [2] Append. n. 34. eighteenth year of Henry the Third He by Advice of the Major part of the Bishops Earls and Barons Expounded the 35th Chapter of Magna Charta where there had been care taken about the keeping of the County Court Turns and Leets but not about Hundred or VVapentach Courts and Lords Courts In which Chapter there was a Clause That all were to have their Liberties they had or used in the time of King Henry his Grandfather And it having been proved before them that Hundreds and Wapentachs and Lords Courts were then holden every Forthnight which was thought too often and too great a trouble to the Suitors yet seeing the two Turns were not sufficient to preserve the Peace of the Nation nor to Correct the Injuries done to Rich and Poor which was part of the Business of the Hundred Courts it was provided that between the two Turns Hundreds and Wapentachs and the Courts of Great Men should be holden from three Weeks to three Weeks where before they had been holden once in a forthnight so as there should not be made a General Summons to those Hundreds Wapentachs and Great Mens Courts as there was to the Turns But there should only come to them the Plaintiffs and Defendents and those which * By their Tenures and held Lands by doing Suâ—t and Service at those Courts ought Suit to them That Trials might be dispatcht and Judgments made which are done by the Suiters unless in those Hundreds there ought to be Inquisition made of Pleas of the Crown as of the Death of a Man Treasure found and the like for the Inquiry to be made after them they should come with the Suiters all of four of the next Towns that were necessary to make such Inquisitions Notwithstanding this Provision the Attendance upon these Courts was thought a great burthen and trouble and therefore two years afterwards [3] Stat. of Merton c. 10. it was provided and granted That every Free-man that ought Suit to the County Trihing Hundred and Wapentach or to the Court of his Lord mighty freely make his Attorney to do those Suits for him So that this way the Great Men made a Law to excuse their Lands and selves from this Service and gave some small parcels of Land to some ordinary inconsiderable men to do this Drudgery for them Land then was the price of all things the very Houshold Servants had Land allowed them for their annual Wages Nor was that which is now accounted a wonderful Priviledge then thought any other than a vexation and trouble seeing many Knights and considerable Men purchased of the King Charters of Exemption from being Impannelled in Assises Juries and Enquests and these Exemptions were so frequent and so many [4] Stat. of Marlebridge c. 14. that they hindered the course of Justice and therefore there was a Law made to force them in several Cases to serve upon Juries and Enquests and at length when the small Barons or Tenants in Capite and Military Men began to grow poor and beggerly and had by Law [5] Magn. Chart. c. 32. leave to Alienate what part of their Estates they would leaving sufficient to perform the Services which belonged to the Fee they began to think of * History f. 6â—7 A. B. Representatives to save charges in going to and Attendance at Parlements and by several [6] See Glossary to my Introduction c. â— 62. c. c. undue Practises and Laws to force the trouble and vexation as it was then esteemed of serving and waiting at Assises Sessions and County Courts upon Men of mean Estates and meaner Understandings Parts and Abilities These Trials for Lands before the County and Hundreds are often to be seen in Domesday Book and in the old Registers Leigers or Couchers of great Monasteries as of Ely Ramsey Bury Abendon Glastonbury c. with the manner how they were recovered the Testimony of the County or Hundred and by such Jurors as most frequently knew the Matter of Fact The Great Matter of Inquiry then was Who had been possessed and who was possessed of the Land or Thing in Contention for by that they most frequently judged of Right For no Estate then passed by private Bargain only but there were some public Circumstances and Ceremonies performed which made the passing of Estates from one to another very notorious and especially those of Investiture or as it was called when much in use Livery or Seisin or when the Charts and Deeds of
Salisbury that favoured the Empress he raised all the Force he could and upon the first day of July in the Evening came thither and set fire on the Town where the Kings Soldiers lay which put the King into such a fright who then was in the Nunnery that he left his Plate and other Goods behind him and by the benefit of a dark Night hardly escaped with his Brother Henry Bishop of Winchester The Earls Soldiers killed many of the Kings and took many amongst them [2.] Gervas ut supra Col. 359. lin 1. c. William Martel taken Prisoner his Ransom William Martel for whose Redemption there were given 300 Marks and the Castle of Sherborn Not many days after [3.] Ib. n. 10. Milo Earl of Hereford dies An. Do. 1144. Milo Earl of Hereford one of the chief Counsellors most faithful Friends and greatest Supporters of the Empress died to her great Grief and Misfortune The next year King Stephen seized upon Geofry de Magna villa in his Court at St. Albans and kept him Prisoner [4.] Ibid. Col. 360. n. 10 Hen. Hunt ut supr n. 40. King Stephen seiseth Geofrey de Magna villa he gives up the Tower of London his Castles of Walden and Plessetâ— King Stephen besiegeth Lincoln and is baffled until he delivered up to the King the Tower of London his Castles of Walden and Plessets and not long after was slain first having given the King much trouble and Plundered Ramsey Abby After this the King again besieged the Castle of Lincoln where the Earl of Chester destroyed eighty of his [5.] Ib. n. 50. Workmen and Engineers so as he was forced to depart having done nothing From thence he gathered a great Force and marched to [6.] Ibidem b. n. â—0 Anno Domini 1145. The Earl of Gloucester worsted at Faringdon King Stephen besiegeth Walingford Castle Faringdon where the Earl of Gloucester was erecting a strong Fortress or Castle where they fought or rather skirmished and much Blood having been spilt the Earl was forced from his Enterprise From thence he came and besieged Walingford Castle against which when he saw he was not likely to prevail by Force or Art he built a Castle called [7.] Ibidem n. 30 40. Gervas Doroâ— col 1361. n. 10 20. He built Craumerse Castle against it The Earl of Chester makes his Peace he is made Prisoner and delivers Lincoln Castle Anno Domini 1146 1147. Craumersh and placed a Garison to keep in and hinder the Excursions of the Garison of Walingford Hither came to the King Ranulph Earl of Chester and made his Peace and added to his Forces a considerable Strength A while after he came to the Kings Court at Northampton where he was taken and kept in Prison until he had delivered to the King the Castle of Lincoln in which City he kept a most splendid Christmass Geofrey Earl of Anjou having subdued and [8.] The Earl of Anjou sends for his Son Henry Robert Earl of Gloucest dies settled Normandy and Anjou in Peace had a great desire to see his Son Henry and sent three Noblemen with a Guard for him to Earl Robert who Conducted him safely to Warham where he took Ship and afterwards never saw him for the Earl fell sick of a Fever at Gloucester of which he died on the First of November and was buried at Bristol in the Monastery he built there After his Death the [9.] Ibid. Col. 1363. lin 1. The Empress goes into Normandy to her Husband Empress wearied out with these Commotions and Wars in England before Lent passed over into Normandy choosing rather to live there with her Husband in Peace than undergo so many Troubles In the year 1149. Henry the Son of the [1.] Ibid. Col. 1366. n. 30 40. An. Do. 1149. Henry the Son of the Empress comes into England Empress Cum grandi Comitatu militum Electorum peditum rediit in Angliam returned into England with a great Company of choice Knights or Horsemen and Foot and stirred up the Thoughts and Courage of many against King Stephen for after the Deaths of Robert and Milo Earls of Gloucester and Hereford and the Empress having passed the Sea none could move the Noblemen against King Stephen but the true Heir to the Crown After his Appearance in England he took with him Ranulph Earl of Chester and Roger Earl of Hereford and some others He is Knighted by David King of Scotland his Great Uncle besides those he brought with him out of Normandy and went to David King of Scotland his Great Uncle who received him with great Joy and Honour and in the Solemnity of Pentecost Knighted him and some others This raised [2.] Ibidem n. 60. Col. 1367. lin 1. David King of Scots comes to Carlisle great Suspicion in King Stephen and his Son Eustachius for when the King of Scots with his Forces and his Nephew with the * So called in respect of the East parts of Scotland The two Kings of England and Scotland retreat one from another Western Barons of England were united in the foresaid Solemnity King Stephen came to York with a great Army lest they should surprize that City and stayed there unto the end of August but both the Kings one at Carlisle the other at York were afraid of one another and so of their own accords they retreated Stephen towards Lincoln and David toward Scotland but Eustachius Son of Stephen now also Knighted by his Father made great havock and spoil upon the Lands belonging to the Earls and Barons which favoured Henry [3.] Ibid. Col. 1367. n. 30. An. Do. 1150. These old Historians begin the year at Christmass Henry receives the Dukedom of Normandy who in the beginning of January in the year following sailed into Normandy and with his Fathers good liking received that Dukedom [4.] Chron. Norm f. 984. B. C. D. The King of France takes offence at it They are reconciled Geofrey Earl of Anjou Henry's Father dies as his Inheritance by his Mother At which the King of France took offence raised an Army and with Eustachius in his Company invaded Normandy and besieged the Castle of Arches Earl Geofry and his Son prepare to oppose him in the mean time he burnt the City of Sees and when the Father and Son had drawn together a great Army and Marshalled their Troops by the Mediation of Wise Men the King received the Homage of Henry for the Dukedom of Normandy and one Gerrard Berlas Lord of the Castle of Monstreul out of Prison and so rested satisfied Being thus in quiet Duke Henry intended to call together all his great Men of Normandy on the Fourteenth day of September at Lisieux to Treat and Consult about his Voyage into England in the interim his Father labouring under a great Fever died on the Seventh of the same Month and left him Lord and Heir of Normandy and Anjou Within less then half a year
of Richard Bishops of Winchester Henry Bishop of Bayeux Giles Bishop of Eureux Froger Bishop of Sees and in presence of Simon Earl of Eureux and Robert Earl of Leicester and before many other Earls and Barons of his Kingdom That no Man presume to take the Goods of a Vassal for the Debt of his Lords nequis pro Domini debito res hominis capere praesumat unless the Vassal was Pledge or Surety for the Debt of his Lord but the Rents of Vassals which they are to pay to their Lords shall be paid to their Lords Creditors not to the Lords The other proper Goods of Vassals shall be in peace neither shall it be lawful for any one to Distrein namtire non liceat or take them for the Debts of their Lords This Statute and this Custom Hoc Statutum Consuetudinem hanc c. the King Ordained should be firm and general in all his Towns and every where in his Dominions viz. in Normandy Aquitan Anjou Main Turain and Britany and that it might be stable permanent and firmly observed and kept it was Written and Confirmed with his Seal After this the King [3.] Ibidem 110. a. The King of England summons his Earls and Barons of Normandy to appear with Horse and Arms. by his Writ summoned the Earls and Barons of Normandy to meet him at Argenton on the Ninth of October prepared with Horse and Arms for his Service and went to Alencon and sent his Son Richard into Poictou to subdue his Enemies King Henry desirous to return into England sent to Lewis King of France and obtained his Letters of Protection in this Form [4.] Hoved. f. 327. a. n. 30. An. Do. 1178. The King of France gives the King of England Letters of Protection LEWIS King of France to all whom these Presents shall come Greeting Know ye that We have received into Our Custody all the Lands of Our Most Dear Brother Henry King of England on this side the Sea if he shall happen to pass into England or go on Pilgrimage so that when his * Baillivi sui Bayliffs or Officers shall Require Vs We shall truly without Design give them our Counsel and help for the Defence and Protection of the same After his coming out of [5.] Ibidem f. 331. a. n. 40. Geofry Earl of Anjou Knighted by his Father His Military Exercise and Ambition Normandy into England at Woodstock he Knighted his Son Geofry Earl of Britany who soon after passed into Normandy and in the Confines of France and that Country was at a Torneament or the Exercise of Feats of Arms where he was ambitious to have the Reputation of a Courageous Kngiht and the rather because his Brothers Henry and Richard had acquired great Honour and Renown in such Military Exercises Peter of St. Agatha [6.] Ibidem b. n. 10. The King puts an Oath upon the Popes Legat. An. Do. 1179. the Popes Legat came this year through England to summon the Bishops and Abbats of Scotland and Ireland to a General Council at Rome but before he had leave to pass through the Kingdom he made Oath not to do or seek to do any Injury to the King or Kingdom and that he would return the same way [7.] Ibidem f. 332. a. n. 50. And upon the Scottish and Irish Bishops and Abbats An. Do. 1179. The same Oath the Scottish and Irish Bishops and Abbats took before they had passage given them to go this way with the Legat. After Easter the King [8.] Ibidem f. 337. a. n. 20. England divided into four Circuits held a great Council at Windsor and by the common Advice of his Arch-Bishops Bishops Earls and Barons he divided England in four parts and to every part he appointed Wise Men to do Justice in the Land After this manner I. Richard Bishop of Winton Richard the Kings Treasurer Nicholas Fitz-Torold Tho. Basset Robert Witefeld Hamshire Wiltshire Gloucestershire Dorsetshire Sumersetshire Devonshire Cornwall Berkshire Oxfordshire II. Geofry Bishop of Ely Nich. the Kings Chaplain Gilbert Pipard Reginald de Wisbech the Kings Clerk Geofry Hosee Cambridgeshire Huntingtonshire Northamptonshire Leicestershire Warwickshire Worcestershire Herefordshire Staffordshire Shropshire III. John Bishop of Norwich Hugh Murdac the Kings Clerk Michael Belet Richard Del Pec. Radulph Brito Norfolk Suffolk Essex Hertfordshire Middlesex Kent Surrey Sussex Buckinghamshire Bedfordshire IV. Godfrey de Lucy Johannes Cumin Hugh de Gaerst Ranulph de Glanvill William de Bendings Alanus de Furnellis Nottinghamshire Derbyshire Yorkshire Northumberland Westmerland Cumberland Lancaster The last six were appointed [9.] Ibidem b. n. 20. Justices in the Kings Court to hear the * Clamores populi Clamor a common word then for a Suit or Petition Clamours or Business and Suits of the People and had the last seven Counties assigned them This year Lewis King of [1.] Jo. Brom. Col. 1139. n. 40 50.60 c. An. Do. 1179. The King of France calls together all his Bishops Earls and Barons to Crown his Son Philip at Rhemes His Son falls sick He had a Vision by which he was admonished for his Sons Recovery to visit the Martyr of Canterbury so called France cited all the Arch-Bishops Bishops Earls and Barons of his Kingdom that they should without Excuse be in the City of Rhemes on the Assumption of the Virgin Mary that is the Fifteenth of August to Crown his Son Philip then Fifteen years old They hastned to come as they ought to do but just before the time his Son fell into a great Sickness so as many despaired of his Life his Father grieved night and day and was mightily afflicted for his Son Being thus without Comfort one Night when he had happily fallen into a sound Sleep St. Thomas the Martyr of Canterbury appeared to him and told him the Lord Jesus Christ had sent him his Servant to him to let him know That if he believed and with Contrition went to visit his Servant Thomas the Martyr of Canterbury his Son should recover his Health He discovered this Vision to his Friends and asked their Advice who told him it was dangerous to pass by Sea into another Mans Country Roger Hoveden is more modest in this Story and only says he was admonished by Divine Revelation He comes to Canterbury Offers and Prays at his Tomb. Gives the Monks 100 Measures of Wine every year And grants them a Charter of many Priviledges in France c. The next Night the Martyr appeared the second and third time and told the same Story and added Threats if he went not quickly and obeyed the Command of God He came and the King of England met him at Dover on the Twenty second day of August and Conducted him to the Tomb of the Martyr where the King of France Prayed and offered a great and precious Golden Cup and gave to the Monks of Holy Trinity for ever yearly One hundred Measures of Wine Centum Modios Vini to be
however he sent them Prisoners to Paris and there to be secured This put the rest of the Defendents of the Earl of March his Castles into such an Affright that some of their own accord came in and delivered up their Keys to the King of France and others capitulated upon his appearing before them These uninterrupted Successes made the [1] fol. 589. l. 1. The Earl of March repents him that he had ingaged himself against his own King King Henry put upon great difficulties and distresses Earl of March and his Poictovins almost desperate who now began to repent they had ingaged themselves against their own Lord the King of France In the mean time the King of England came before the City of Tailleburgh and pitched in a Meadow over against it When the King of France heard of it he marched with his Army towards that place As soon as the Citizens had notice of his approach they went out to meet him and surrendred their City to him and invited him to take possession of it When the King of England saw himself thus disappointed and that he must now fight the French with the men he had with him [2] Ibid. n. 50 He called to the Earl of March and asked how he had performed his promise of procuring Men enough to baffle the French if he supplyed them with Money The Earl replyed He never made any such promise The Earl of March denies his promise made to him Then Earl Richard produced the Chart of Agreement between them He denyed that it was ever made or sealed by him or that he had ever encouraged the undertaking this expedition but it was [3] fol. 590. lin 1 2 3 4. the contrivance of his Wife and his Mother When the King heard the Earl's Reply he was very much concerned and Earl Richard seeing the danger the King was in of being made prisoner [4] fol. 590. n. 10. Earl Richard goes to the French Camp and obtains a Truce disarmed himself and with a Staff in his Hand went to the French Camp where he was kindly and honorably received and being introduced to the Kings Presence he desired a Truce which the King granted for one day and a night following Assoon as the Earl had obtained this Truce he returned to King Henry and advised him to make his escape with as much speed as he could otherwise he would be taken prisoner [5] Ibid. n. â—0 King Henry's flight to Xaints The King followed his advice took Horse at night and never stopped till he came to Xaints the whole Army followed him but with great hazard and some loss Next day the King of France decamped and marched with his Army towards Xaints after some few days both Armies met and fought and had the English [6] Ibid n. 40. A Fight between the English and French equalled the French in number they had gained an entire victory The number of those that were slain on either side is not mentioned but the Prisoners that were taken were exchanged Those that behaved themselves with Courage and Resolution in this Battle were Simon Montfort Earl of Leicester the Earl of Salisbury the Earl of Norfolk Roger Bigod John de Burgo Warin de Monâ—chensy Hubert Fitz-Matthew Ralph Fitz-Nicholas with some others When the [7] fol. 591. n. 10 20. The Earl of March endeavours to be reconciled to the King of France Earl of March saw how successful the King of France was in every thing he attempted and that his strength daily increased He began to consider how he should regain his Favour and be reconciled unto him He therefore privily sent to the Earl of Brittain that he with the Bishop of Xaints would use their endeavours with the King of France to procure his Pardon Upon this they both went to the King and assured him That the Earl of March was sensible how much he had offended against him and his Crown and implored his Mercy and Favour adding he might receive him under what conditions he pleased The King of France [8] Ibid. n. 30 40. The Terms upon which he made his Peace accepted the offer and was reconciled unto him upon these Terms That whatever that King had possessed himself of the Earls during this War should be for ever annexed to the Crown and also That all those Castles that were in his possession whether they were his own or his friends which were thought to be injurious to the King of France should be delivered into his hands for three years and then not to be restored unless the King was satisfied of his Fidelity That He should with 200 armed Men enter into his Service and faithfully serve him for three years at his own charges against all enemies of the Church or Crown of France Moreover he should surrender up his Charter whereby the King of France was obliged to pay him 10000 l. a year for defence of the Marches and should quit any such claim for the future [9] Ibid. n. 50. He enters into the King of France his Service To these hard Conditions he was forced to consent to obtain his pardon and was presently sent against the Earl of Tholouse his old friend and the King of Englands Confederate This was all done without the knowledge of King Henry who had by [1] fol. 592. n. 10. King Henry loseth the affections of the Citizens of Xaint Charter given the City of Xaints to Hugh Bruno the Earl of March his Son and his younger Brother without the privity of the Citizens whereby the King lost their Affections for that they hated Hugh However he thought himself safe and secure there till he was informed by one from the French Camp that that King [2] Ibid. n. â—0 He is certified the King of France designed to besiege that City His flight to Blaie designed to come and besiege that City very suddenly and was resolved not to rise till he had made him prisoner which was confirmed by another who likewise assured him that the Earl of March was revolted to the French and if He continued there one night longer he would be besieged King Henry being by this Second Messenger confirmed in his belief that the news was true fled to Blaie a Town in Gascoigny about 40 or 50 English miles from Xaints and his Army followed but were so harassed with the length and suddenness of the March that they were unfit for any service All Poictou submit to the King of France Upon this Xaints Ponz and all Poictou forthwith submitted to the King of France only Hertoldus Governor of [3] fol. 593. n. 50. Hertoldus his Fidelity to King Henry Mirabell Castle went to the King of England and implored his protection to whom the King replyed He was betrayed by the Earl of March and was scarce able to secure his own person and therefore gave him leave to act according to his own discretion Then he went to the King of
there Ibid. C. Exetor City standeth out against the Conqueror f. 192. F. They submit and are pardoned f. 493. A. F. Foelix a Burgundian converted the East Angles f. 105. B. Falcasius de Brent his Policy and Courage f. 526. B. His unwillingness to part with what he had gotten by Rapine and Plunder in time of War f. 528. A. B. His Rebellious Practices f. 534. B. He was excommunicated his Submission and Imprisonment Ibid. D. E. F. He is sentenced to abjure the Kingdom f. 536. A. B. He was encouraged in his Treasons by some great men Ibid. C. Otho the Leg at moved in his behalf but without Success fol. 537. C. D. A great Fair proclaimed at Westminster to hold fifteen days f. 601. F. Fees when first Hereditary f. 81. B. When and by whom made Servile f. 156. B. They were Originally Military Ibid. C. Three sorts called Tenure in Capite f. 157. lin 1. Military upon what account granted Ibid. A. To what forfeitures they were subject Ibid. C. D. E. Feudal Tenures from whence they arose f. 56. D. Feudal Law not written till Frederic the First f. 72. F. It obteined in France and Germany f. 73. F. How and when it might be relaxed f. 160. A. Feudal Investiture f. 203. F. Fines levyed in County Courts f. 146. B. C. Flemmings removed into Wales by King Henry the First f. 246. D. E. They desert King John f. 510. F. Folkland what it was fol. 66. A. William Foret seized Biham Castle and plundered the Country fol. 529. D. Pope Formosus His Letter to King Alfred suspected to be a Fogery f. 90. E. 91. B. William de Fortibus vid. Albamarle Fosse way where f. 49. lin 2. France Interdicted f. 463. C. Francs who they were and where they dwelt f. 60. E. They Married not their Daughters without their Kings consent f. 73. D. Their Children brought up in the Kings Court Ibid. E. Frederic Abbat of St. Albans with many others take refuge in the Isle of Ely f. 196. B. C. Frederic the Emperour Married Isabel Sister to Henry the Third fol. 562. F. He summoned a meeting of all Christian Princes f. 567. C. He was excommunicated by the Pope f. 572. C. French they refuse to joyn with King Richard in the Seige of Jerulem f. 431. E. The Nobility Arm themselves one against another f. 544. C.D. They refuse to submit to the Queen Regent and leave the Court Ibid. E. Free-men in Germany who and their Condition f. 83. E. They were constantly bound to their good behaviour under the Saxons Ibid. F. G. GAfolland what it was f. 67. F. Galgagus General of the Caledonians f. 25. F. Gilbert de Grand made Earl of Lincoln by Prince Lewis f. 513. D. Gascoigns Subdued by Earl Richard of Cornwall f. 535. F. They do Homage to Henry the Third f. 545. B. S. Montfort Earl of Leicester his success against them fol. 602. F. 606. A. Their Complaints to the King against him Ibid. F. They repeat their Complaints by solemn Messengers fol. 607. A. B. Prince Edward made their Governour f. 608. A. B. English Affairs there in an ill Condition f. 610. C. They crave the King of Englands Assistance f. 611. D. Gavelkind what it was f. 165. C. Geofrey Son to the Earl of Anjou Married to Maud the Empress f. 254 B. He was sent for into England by his Wife but delayed his coming f. 288. A. D. He gave Anjou to his Son Geofry by Will f. 299. F. An Agreement between him and Henry the Second his Brother f. 300. B. Nants chose him for their Lord. His Death Ibid C. Geofry Son of Henry the Second doth Homage to Philip Son of King Lewis of France for Britany f. 307. D. He received the Homages of the Barons of Britany Ibid. E. He was Knighted by his Father f. 333. C. He did Homage to his Elder Brother Henry f. 338. E. He was slain in a Military Conflict f. 341. E. His Wife left with Child of Prince Arthur Ibid. Geofry Bishop of Ely died Intestate and his Estate seized by King Richard f. 420. F. Geofry Elect of York appealed by the Bishops of Salisbury and Durham f. 424. B. His Election confirmed by the Popes Legat and he restored to his Arch-bishopric by King Richard Ibid. C. Appeals against him released f. 424. E. His Oath to King Richard f. 425. F. He breaks his Oath f. 432. D. He was imprisoned by the Chancellor and released by Earl John Ibid. E. F. He outbad the Chancellor for Sheriffwics f. 441. F. He is reconciled to the Chancellor f. 444. B. C. The Canons of York complain against him to Hubert the Justiciary f. 445 D. He was disseised of his Maners Ibid. F. He paid 2000 Marks to the King and was reconciled to him f. 447. E. Geofry Arch-deacon of Norwich deserts King Johns Service fol. 480. E. His punishment Ibid. Geofry Fitz-Peter made Justitiary of England by King Richard fol. 450. A. He sent forth Itinerant Justices f. 455. F. Maurice Fitz Gerald Landed at Wexford in Ireland with great Forces f. 354. D. German and French Laws when first composed f. 60. lin 1. They refused to admit of any Laws but their own f. 62. A. How they valued mens lives f. 63. lin 3. How they valued their Cattle and Grain f. 64. A c. What punishment they inflicted on persons insolvent Ibid. D. E. What was their rate for all sorts of faults and mulcts Ibid. F. How they purged themselves when accused f. 65. A. Their Tenures agreeable to the Saxons f. 71. B. Their Habiliments of War went with the Land Ibid. D. Their Tenures Feudal f. 72. B. They held their Courts twice in a year f. 74. B. The Bishop and Earl sat together in their Courts f. 74. D. What Matters triable in their Hundred Courts f. 75. C. D. How they forced an Appearance f. 76. C. A Form of their ancient Judgment f. 77. D. E. F. Their Testes and Jurors the same f. 78. lin 1. What sort of men their Testes were to be Ibid. Their Judges and Officers like to the English Saxons f. 79. E. Their Servants and Freeman who and their State f. 83. B. C. D. Their manner of making Laws and how they agreed with the English Saxons f. 84. B. They secured their Lands by great Ditches f. 86. A. When they held their Councils f. 87. C. Their Princes called and presided or others by their appointment in those Councils Ibid. F. Gessoriacum where it was f. 13. F. Gilbert Prince of Galloway doth Homage to Henry the Second f. 329. B. C. Glanvil Justiciary of England of Norman Extraction f. 152. B. Glota where it was f. 24. B. Godfrey Bishop of Winchester disseised f. 443. F. Godwin Earl of Kent his Extraction f. 131. E. He refused though sent to punish the Citizens of Canterbury f. 132. B. He was summoned to appear before his Peers for his refusal Ibid. C. He raised an Army and made bold
passed but with his consent and advise that is nothing could be Sealed without his allowance or privity as it there appears But the Justiciary surmounted him and all others in his Authority and he [4.] Spelm. Gloss f. l. 331. alone was indowed with and exercised all the Power which afterwards was executed by the four Chief Judges that is the Chief Justice of the Kings-Bench the Chief Justice of Common-Pleas Steph. Segrave Mat. Paris A. D. 1234. Chief Baron of the Exchequer and the Master of the Court of Wards As Sir [5.] Ibidem Henry Spelman makes it out by the Articles exhibited against Hubert de Burgo there cited out of Mat. [6.] Fol. 376. n. 30 40 50. Paris and other Instances [7.] Spâ—lm Gloss ut sup The Barons by right of Dignity in all Cases many others by Right of Tenure and most by Priviledge granted by Chartre were not to be impleaded for their Lands and Tenements but before the King or his Capital Justiciary Some Remains there are to this day There remains somewhat of the Office of the old Justiciary in the Chief Justice of the Kings-Bench of this great Office in the Chief Justice of the Kings-Bench all England as to keeping the Kings Peace and Dignity of the Crown and some other Matters is under his Jurisdiction and therefore is stiled Chief Justice of England This great Officer had his Original from [8.] Spelm. Gloss fol. 332 Normandy and was the same in Power and Office with the ancient (*) From the Teutonick Sehen or Saxon Theon to see videre inspicere scale servus or Minister as it were the chief Minister or Inspector of the Family Major Domus Dapiser Scon. Somn. Gloss in verbo or Seneschallus and so from this great Service and general imployment called Seneschallus Normaniae Seneschal thereof or very like him anciently there was wont says the [9.] C. 10. Grand Customs of Normandy a certain Superior Justice called the Prince his Seneschal to travel and pass through all Normandy The great power of the Justiciary which name we received from Normandy Grand Cust c. 384. he corrected the Delinquence of inferior Justiciaries took care of and secured the Prince his Lands caused to be observed the Rights and Laws of Normandy and rectified what had been less justly done by the Bayliffs and removed them from their Office if he thought it convenient He also inquired into the Vsages and Customs of the Forest and caused them to be observed every three years he passed through and perambulated every part of Normandy and visited every (a) Bayly-wic was a portion of the Dukedom of Normandy Bayly and Balywic what Si inventus saerit in Balliva sua Grand Cust c. 4 answerable to our County having respect to that Province and hence that expression in the King's Suit to the Sheriff of a County or Shire it was greater than a Vicount and contained many of them the Bayliff was an Officer appointed by the Prince and had greater Power and Jurisdiction in greater Causes than the Vicount he was Judge of and had Power to hold Assizes in his Balliage to keep the Peace of the Prince to hold Pleas of the Sword or Crown and had cognizance of Arms and arming the People Bayly-wic and inquired into all the Excesses and Injuries done there by Sub-Justiciaries he likewise took notice of all publick Thieves Rapes Murders Burnings or Fireings of Houses and all other Pleas of the Sword or as we call it the Crown of Treasure digged out of the Earth Mines Wrecks Water-courses changed or not kept High-ways changed or stop'd up c. doing right in all these and many more things there enumerated This great Officer was also General Vice-roy and Guardian of the Kingdom in the Kings absence and sometimes made Peace and War by the advice of the chief Nobility as may be observed in the following History The Determination of this great Office This mighty Office of Justiciary received many gradual Diminutions and at length determined about the [1.] Dugd. Origin Jurid fol. 20. 45 th of Henry the Third there being afterwards a Chief Justice in each Court of Kings-Bench and Common-Pleas appointed [2.] Spel. Gloss fol. 334. men less eminent in Quality not of the highest Nobility or greatest order in the Church without great Alliances in Blood and a numerous Train of Clients and Followers less Popular and so less Factious and more easily to be commanded by the Prince yet more knowing in the Law which by this time was become a [3.] Ibidem very sublime Mystery very intricate and involved Inferior Ministerial Officers all Normans For other inferior Ministerial Officers Earls Vicounts Bayliffs Lords of Hundreds and Maners before whom Titles and Causes of smaller Consequence were tried 't is evident they were all Normans none but they injoying any considerable Lands Liberties or Jurisdiction as must be acknowledged by all that know any thing of the Catalogue of Proprietors in * Append. n. 10 Doomesday Book or have well considered what Gervasius [4.] L. 1. c. 23. Tilburiensis says in his Book de Necessariis Scaccarii observandis to that purpose a Person beyond exception being an Officer in the Exchequer which Court then took notice of all the Estates in England one way or other Nor were the Judges and Lawyers of those times in all probability other than Normans for then they were most if not all [5.] Dugd. Origin Jurid fol. 21. Clergy-men and so were they in Normandy as is manifest by the [6.] C. 9. Grand-Customer where 't is said the Judges are Sage Persons and Authentick which in Court give judgment of those things they have heard as Archbishops Clergy-men Judges and Lawyers in Normandy Bishops Canons of Cathedral Churches and other dignified Persons Abbots Priors and Rectors of Churches famous for their Honesty and Piety and the most of the great Clergy-men in this Nation then as Bishops dignified Persons Abbots Priors c. were Normans William [7.] Hoved. fol. 259. b. n. 30 40. A. D. 1070. depriving very many of the English of their Ecclesiastick Honours and put those of his own Nation into their places as a means to confirm him in his new acquests and 't is not to be doubted but great numbers of the inferior Clergy as well Regular as Secular came over with them who were exercised in the Controversies of the Norman Law for Confirmation whereof there were in the Reign of William Rufus so many of the Clergy Lawyers that [8.] Fol. 69. b. n. 10. All Clerks Pleaders Malmesbury said there was nullus Clericus nisi causidicus No Clerk which was not a Pleader If therefore the Justiciaries Chancellors Earls Sheriffs Lords of Maners such as heard Causes and gave Judgment were Normans if the Lawyers and Pleaders were also Normans the Pleadings and Judgments in their several Courts must of necessity
have been in that Language and the Law also otherwise they had said and done they knew not what especially when the Controversies were determined by Military-men Earls or Counts Sheriffs or Vicounts and Lords of Maners that understood not the English Tongue or when the Chief Justiciary himself was a Military-man as it often happened and understood only the Norman Language For this reason Why all Pleadings were in the French Tongue and no other it was that all Pleadings c. were in the Norman-French until by Act of Parliament in [9.] 36 Edw. 3. c. 15. Edward the Third's time they were appointed to be in the English Tongue but entred and inrolled in Latin save that the ancient Terms in Law might still be retained in that Language as being more apt [1.] Sir John Davis in his Preface to his Irish Reports and significant than in any other which seems to be no obscure Argument That the Laws of this Nation except such as have been altered or introduced by our Kings and great Councils or by Act of Parliament were for the greatest and chiefest part of them the Norman Laws and brought in or instituted by William the Conqueror the Subject next to be treated of 'T is not to be thought No Nation governed meerly by one Law that ever any Nation enjoyed one simple Law by its self pure and unmix'd with some of the Vsages and Customs of other Countries especially such as have been often over-run and conquered which do commonly retain somewhat they received from all their new Masters for Conquerors seldom think their Conquest compleat until they have over-turned the Laws and Customs of the vanquished and established such as they think most effectual to establish themselves Nor hath it been yet heard of that the World or any considerable part of it comprehending many and distinct Nations have been governed meerly by one Law but that every of those Nations have had and do retain at least some of their own Municipal Laws agreeable to their own Customs And so doth this Nation retain some of the Saxon and Danish Customs which do not much differ from the Norman seeing they were (b) Cluverius in his [3.] Lib. 1. Germany contained many Nations Antiqua Germania asserts Germany France Spain and Britain to be one Nation and of one Language viz. Celts And also there affirms that Germany anciently comprehended Danemarke Sweden Norway Finmark the Cimbric Peninsula c. And that all or most of those Nations spake the same Language in a different Dialect Neighbours by Situation had the same Language only differing in Dialect and communicated in many Rites and Usages nay joyntly conquered both this Country and Neustria in France They were not People of one Nation that conquered England and Normandy afterwards called Normandy for they were not intirely Saxons Danes or Norwegians or of one Nation that made these Conquests although their greatest Leaders and the greatest numbers of any one Nation might be such but a mixture of all these and several other People of the North parts of Germany Yet that the bulk and main of our Laws The main of our Laws were Norman Laws or at least very different usages of them were brought hither from Normandy by the Conqueror such as were in use and practice here for some Ages after the Conquest is without question And our Tenures for from whence we received our Tenures and the Manner of holding of Estates in every respect from thence we also received the Customs incident to those Estates as Reliefs Aids Fines Rents or Cens Services c. and likewise the quality of them being most of them Feudal and injoyed under several Military Conditions and Services and of necessary Consequence from thence we must receive the Laws also by which these Tenures and the Customs incident to them were regulated and by which every mans right in such Estates was secured according to the Nature of them See Grand Custom throughout and Scriptor Norm 1037 But from Normandy and brought in by the Conqueror we received most if not all our ancient Tenures and manner of holding and injoying our Lands and Estates as will appear by comparing our ancient Tenures with theirs First concerning Fees the Learned [2.] Gloss fol. 218. col 1 The Servitude of Fees brought in by the Conqueror Sir Henry Spelman tells us William the Conqueror brought over the Servitude of them into England who divided all England amongst his Great Men and Chief Commanders and this he says appears from * See Append. n. â—0 where are the Names of all the Normans in every County to whom all the Lands in England were given Doomesday-book And after that the Bondage of Fees was known in all parts of the Kingdom not heard of before in the Saxon times [4.] Somners Gavel p. 102. Berault on Cust Norman fol. 112. The word Beneficium or Praedium was anciently used for Feodum which was not used in any Nation or Country until about the beginning of the Tenth Century from our Saviour's Incarnation [5.] Dudo Sti. Quint. Decan fol. 34. c. Rex viz. Galliae quoque adjecit donationi quam prius Rolloni donaverat totam Britanniam ut per hoc etiam beneficium efficeret illum sibi fidelissimum Vassallum [6.] In lib. de feud disp c. 5. B Hottoman says beneficium datur propter officium quo verbo demonstratur Feudale officium non nisi militare Bellicum fuisse And so [7.] Dudo ut supra f. 85. A. B Rollo upon his acquest of Normandy after having given a Portion to the Church divided Normandy and measured it out to his Chieftains and (c) A sort of Bondmen or Servi in the Saxons time Not but there were a sort of Bondmen or Villains in the Saxons time they had their Ceorls or Gubures their Rusticks Ploughmen and Servi but here he speaks to and means the manner of Servitude which came from Normandy Vassals [8.] Ib. f. 86. B. and in his old Age he called them together and caused them to put their hands between the hands of his Son William Fees originally Military by Popa to whom he had given his Country and bound them to him by Oath or procured them to swear Fealty to him [9.] F. 1. printed at Râ—ven 1620. Mounsieur Berault upon the Customs of Normandy says the Origin and Antiquity of their Customs was not certain but it was very likely they were the Laws of the Normans that conquered Neustria The Conqueror gave Norman Laws to the English and established there by them and that by the example of Rollo William the Conqueror gave the Laws of Normandy in the Norman Language to the vanquished English [1.] Ibidem yet in the Preface to the Chapter of Fiefs he reports from Coquill upon the Custom of the Nevernois and Du Hailan that they were first heard of in Gallia when the Francs
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
Gemeticensis lib. 8. c. 29. THE REIGN OF King Stephen KING Stephen was third Son to Stephen [1.] Ord. Vit. f 573. D. 574. A. An. Do. 1135. Earl of Blois by Adela the fourth Daughter to William the Conqueror his Uncle King Henry made him Earl of [2.] Ibidem King Stephen Married the Daughter and Heir of the Earl of Bologn Mortaign in Normandy and gave him many Lands and Honours in England by reason of which Advantages and Preferments he became the Husband of the Daughter and Heir of [3.] Ibidem Eustachius Earl of Bologn After the death of King Henry he made haste into England and was too quick for Maud the Empress She was Daughter to Henry the First her Husband Geofry Earl of Anjou and her Brother Robert Earl of Gloucester who were delayed for some time with the Business of Anjou and Normandy [4.] Hen. Hun. f. 221. a. n. 50. Tempting God he invaded the Crown notwithstanding he had Sworn Fealty to the Daughter of King Henry as Inheritrix of the Kingdom of England And William Arch-Bishop of Canterbury who first sware to be faithful to her All the Bishops Earls and Barons consent to the Coronation of Stephen notwithstanding their Oath to Maud and do him Homage Crowned him on the 22 d of December King Henry dying the first of that Month in Normandy All the Bishops Earls and Great Men that made the same Oath to Maud assented to his Coronation and did Homage to him At that time he took an Oath â— First That after the deaths of [5.] Ibidem f. 221. b. n. 30 40. Stephens Oath at his Coronation Bishops he would never keep Bishopricks void for his own advantage but presently consenting â—to Canonical Election would invest Bishops in them â— Secondly That he would not retain the Woods of any Clerk or Layman in his hands as King Henry had done who every year impleaded or vexed them if either they Hunted in their own Woods or if for their own necessities they stubbed them up â—or diminished them â— Thirdly That he would for ever Release Danegelt that is two Shillings an Hide which his Predecessors were wont to receive â—every year Gervase of [6.] Col. 1340. n. 10. Canterbury says That coming over in a swift sayling Ship the People of Dover repulsed him and the Inhabitants of Canterbury shut their Gates against him and that the Londoners with some Great Men received him with Honour where in Discourse between Stephen and some of the Chief Men of England about the Succession of the Kingdom in the presence of William Arch-Bishop of Canterbury he said The Arch-Bishop scrupled the Coronation of Stephen and how he was satisfied Anno Domini 1135. That by reason of the Oath he had made to Maud the Empress he dare not Crown any other One of the most powerful Men of England standing by sware he was present when King Henry voluntarily and in good Faith released that Oath Which being heard Stephen was Elected by almost all of them and Crowned by Arch-Bishop William on the 22 d of December A more true and full Account how this Man obtained the Crown may be seen in the Exact History of Succession f. His Title such as it was he procured to be confirmed by the Popes Bull which may be found in the History of Richard Prior of Hagustald Col. 313. n. 30. He found a vast Treasure that King Henry had left [7.] Malmsb f. 101. a.n. 50. King Henry left a vast Treasure with that Stephen raised and maintained an Army of Strangers One hundred thousand Pounds in Money and Gold and Silver Vessels of all inestimable value This drew to him very many Soldiers especially out of Flanders and Brittany besides the English which at present so Established him as neither the Duke of Anjou nor his Brother in Law Robert Earl of Gloucester thought fit to attaque him who after [8.] Ibidem n. 40. Robert Earl of Gloucester doubtful what to do Easter came out of Normandy into England Being very thoughtful what to do if he should submit to King Stephen and acknowledge him then he should go contrary to the Oath he had made to his Sister if he did not submit he could have no opportunity of doing any thing for the advantage of his Sister and her Children [9.] Ibid. b. l. 5. n. 10. He doth Conditional Homage to King Stephen All the Noblemen had very freely submitted themselves therefore he dissembled for a time and did Homage to the King upon Condition that so long as he freely permitted him to enjoy his Dignity and Estate he should be true to him In the same [1.] Ib. n. 10. A. D. 1136. The Bishops sware Fealty to him upon Conditions year not much after the coming of the Earl the Bishops sware Fealty to the King so long as he should preserve the Liberty and Discipline of the Church And then he gave them a [2.] Ibidem n. 20 30. His Charter chiefly to the Church and what he granted by it Charter by which he obligeth himself to maintain inviolably the Liberties Ancient Customs Dignities and Priviledges of the Church and that it should enjoy all the Possessions and Tenures it had the day his Grandfather King William died He gave also leave to Bishops Abbats and other Ecclesiastical Persons to distribute and dispose of their Goods before their deaths When Bishopricks were void he granted that they should be in the Custody of the Clerks or other good Men of the Church until it was provided of a Pastor The Forests which his Grandfather King William and his Uncle King William had made or held he reserved to himself such as his Uncle King Henry had made or superadded he restored to Church and Kingdom All Exactions unjust Customs and Practises he prohibited and Commanded the good Laws ancient and just Customs should be observed This [3.] Ibidem n. 40. He confirmed his Charter by Oath but never kept it Charter was granted at Oxford in the first year of his Reign Anno Dom. 1136. to the observation whereof he bound himself by Oath but as the Historian noteth kept it not for he [4.] Ibidem seized the Treasure of Churches and gave their Possessions to Laymen He turned out the Incumbents His usage of the Church and Church-men and sold them to others he imprisoned Bishops and forced them to alienate their Possessions Abbies he gave and sold to unworthy Persons But 't is there said These actions are not so much to be ascribed to him as to such as advised and perswaded him And Monasteries never to want Money so long as the Monasteries had it The first that gave him any considerable Trouble was [5.] Gesta Stephan f. 934. A. 936. D. Baldwin de Redvers fortified Exceter Castle against him yielded for want of Victuals Baldwin de Redvers Earl of Devonshire and Lord of the Isle of Wight he
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
in the mean time gave him three Castles for his support Chinon Mirabell and Lodun and because his Son Henry was then absent he adjured all the Bishops and Noblemen present That his Body should not be buried until he had Sworn he would not violate his Will The Father being dead the Son comes to his Interment and being told by the Noblemen what Charge his Father left with them he long considered what he had to do At length all cried out it would be a perpetual Disgrace to him to suffer his Fathers Body to remain unburied with great Reluctancy he took the Oath But when he was fully possessed of the Kingdom of England he procured from Pope Adrian an Englishman [4.] Ibidem n. 60. Pope Adrian dispenceth with King Henry's Oath Absolution from it for which Reason not thinking himself obliged by it he neither took Care to satisfie his Fathers Will or Brothers Request in yielding to him the Earldom of Anjou Whereupon his Brother fortifies his Castles and makes Incursions into all King Henry's Countries round about them The King passed over Sea raised an Army besieged and took the Castle of Chinon and so humbled his Brother that he rendred all his Castles and had his Pardon [5.] F. 95. n. 40 50. Matthew Paris says they came to an Agreement and that Geofry quitted his Claim for 1000 l. Annuity of English Money and 2000 l. Anjovin and placeth this Action in the year 1156. Soon [6.] Brompton Col. 1049. n. 10. The City of Nantes choose Geofry the Kings Brother their Earl after the City of Nants in Britany not knowing who was their true Lord chose Geofry for their Lord and gave him the Dominion thereof and the Country about it but he lived not long to enjoy it After whose death Conan Earl of Richmond in England took possession of it The King hearing his Brother was dead went over into France and claimed Nants in his Right and as his Successor and gave Command his Earldom of Richmond should be seized It was in [7.] Chron. Norman f. 994. A. B. An. Do. 1157. A Treaty between the Kings of England and France Margaret the King of France his Daughter to be Married to Henry the Kings Son August he went over into Normandy and the first thing dispatched was a Treaty between him and Lewis King of France upon the River Epta in the Confines of France and Normandy concerning Peace and a Marriage to be had between Margaret the Daughter of Lewis and his Son Henry what they Agreed upon was Sworn to on both sides And from thence the King of England went to Argentom and on the Eighth of September summoned the Army of Normandy to meet at Abrinces on Michaelmass-day to go against Conan Duke of Britany to force him to render Nants that he had invaded In the mean time he was invited to the French Court at Paris where he was Entertained with all the Joy and Splendour imaginable and coming from thence he brought the Kings Daughter with him and delivered her to be kept and Educated by Robert de Newburgh Justiciary of Normandy Robertus de Novo-Burgho Dapifer Justitiarius Normanniae Chron Norm f. 996. A. On Michaelmass-day Conan Earl of Rhenes and Duke of Britany with his Britans came to Abrinces now Auranches and delivered to the King the City of Nants with the whole County or Earldom belonging to it In December following [8.] Ibidem f. 994. D. Theobald Earl of Blois makes Peace with King Henry Theobald Earl of Blois made Peace with King Henry and delivered the two Castles of Ambois and Freteval Rotroc also Earl of Perch gave up the two Castles of Molins and Bon-Molins which were the Demeasns of the Duke of Normandy which Rotroc the Father of this Earl had seized upon after the death of King Henry the First At the same time he granted to this Earl Bellism Castle for which he did him Homage He kept his Christmass at Cherbough where he came to meet his Queen [9.] Ibidem f 995. A. B. An. Do. 1158. Alienor who a little before was come out of England From thence he passed to the Castle of [1.] Ibidem King Henry takes the Castle of Bray A Match propounded between Richard Son to King Henry and the Daughter of the Earl of Barcelone Blaye seated upon a steep Hill over-looking the River Garonne where he met Raymond Earl of Barcelone with whom he made a League confirmed with both their Oaths by which it was mutually agreed That Richard the Kings second Son should at years of Maturity Marry the Daughter of Raymond and when the Nuptials were performed he was to have setled upon him the Dukedom of Aquitan This Raymond's Paternal Inheritance was the Earldom of Barcelone and by Right of his Wife he was King of Aragon which he reserved for his Son he had by her King Henry having made this Alliance declares his [2.] Ibidem 995. C. D. An. Do. 1159. The Title of King Henry to the City and Earldom of Tholose Title to the City and Earldom of Tholose which by his Wife was thus Her Grandfather William Earl of Poictou and Duke of Aquitan had Engaged them for a great Sum of Money which he spent in an Expedition into the Holy Land to Raimond Earl of St. Giles which Money he paid not but left the Debt upon his Son William the Father of Queen Alienor For non-payment of this Money Anfonsus Son of Raimond and after him Raimond Son of Anfonsus held the City and Earldom The King of France Married Alienor Daughter and Heir of the last Duke of Aquitan c. and demanded and was ready to possess himself of the City and Earldom of Tholose when Raimond the then Earl of St. Giles Married his Sister Constance King Henry offered the Mortgage Money See John de Sennes The great Army raised to pursue the Title of Tholose the Widow of Eustachius Son of King Stephen and by that means he was permitted to enjoy it King Henry Married Alienor after she was Lawfully Divorced from the King of France and had Issue Male by her then four Sons and from thence grew his Title and Pretence to the City and Earldom To obtain which as his Wives Inheritance he summoned the Force of all England Normandy Aquitan and the other Countries subject to him He carried not with him in this Expedition any Agrarian or Ordinary Soldiers nor Burghers or Rusticks but took [3.] Ibid. D. of every Knights Fee in Normandy Sixty Sols of Anjou Money and in England and his other Countries what he thought good His Capital Barons with few others accompanied him Solidarios Milites innumeros but he collected or raised Stipendiary Soldiers innumerable In this Expedition was Malcolm King of Scots who was Knighted by him and William King Stephens Son Raimond Earl of St. Giles allarm'd with this great Preparation desired Assistance of the King of France who
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-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.
fought with the Brabanters and overcame them and by the assistance of his Brother King Henry he took many Towns and Castles and forced the Submission of many Viscounts or Sheriffs of Towns with small Territories and Castles in Poictou and the Places adjoyning unto him And in the same year not long after [7.] Ib. f. 316. b. n. 10 20. The King demolishes several Castles in England and Normandy the King caused the Walls and Castle of Leicester to be demolished as also the Castles of Groby Treske Malesart and the new Castle at Alverton the Castles of Framingham and Bungey and almost all the Castles of England and Normandy that were fortified against him The Castle of Pasci or Pacey in Normandy he retained in his own hands and placed a Garison in it as likewise the Castle of Montsorrel which was Sworn to be his own Propriety by Recognition of Lawful Men of the Vicenage About the beginning of October [8.] Ibidem f. 317. a. n. 50. The King of Scot and brings Fergus Prince of Galway to the King of England this year William King of Scotland came into England to the King and brought with him Gilbert Son of Fergus Prince of Galway who killed his Brother Vctred who did Homage to King Henry the Father and sware Fealty to him against all Men and gave to the King to be restored to favour or for his Peace One thousand Marks of Silver and his Son Duncan an Hostage or Pledge for his Peaceable and Loyal Behaviour In a General Council at [9.] Ib. f. 320. a. n. 30. The King restores several Noblemen to their Lands and Dâ—gnities Northampton soon after St. Hillary or the Thirteenth of January the King restored Robert Earl of Leicester to all his Lands in England and beyond Sea which he had fifteen days before the War except Pacey and Montsorrel Castles And also to Hugh Earl of Chester all the Lands he was possessed of at the same time and to William de Albeny Son of William Earl of Arundel the Earldom of Sussex Alfonsus [1.] Ibid. b. n. 30 40 50. An. Do. 1177. The Kings of Castile and Navarre refer their differences to be determined by the King of England King of Castile and Sanctius King of Navarre after many Debates and much Wrangling referred all their Claims and Controversies to be determined by the King of England and there were sent several Bishops and Great Men and choice and able Persons Proctors and Advocates to Alledge and Answer for either of them and to receive the Judgment of the Court of England With these came two Knights and Champions of wonderful Courage and Audacity bravely accoutred with Horse and Arms and fitted for Duel if Judgment had been that way given in the Kings Court These Messengers came into England between Christmass and Lent and the King summoned all the Bishops Abbats Priors Earls and Barons to meet at London on the first Sunday in Lent when they were come together the King ordered the Proctors and Advocates on both sides to bring in their Claims and Allegations within three days in Writing and so interpreted as he and his Barons might understand them which when they had heard read and also heard the Allegations on both sides the King ordered [2.] Ben. Ab. p. 89. a. the Messengers before his Bishops Earls and Barons to be there again all Excuses laid aside upon Sunday following to receive his Judgment So that this great Affair was determined in eight days The Demands Allegations and Pretences on both sides and the whole Process with King Henry's Award are to be found in Hoveden fol. 320. b. n. 40 c. See also the Judgment it self by the Bishops Earls and Barons which is very short though the Kings Exemplification of it under his is very much longer Bromt. Col. 1124. n. 20. The King [3.] Ibidem p. 86. b. The King Summons his Noblemen and Knights in Capite to follow him into Normandy Commanded this year all the Earls Barons and Knights of the Kingdom which held of him in Capite to be at London well prepared with Horse and Arms fifteen days after Easter to follow him from thence into Normandy and stay with him a whole year beyond Sea in his Service at their own Charges At Easter the [4.] Ibidem p. 96. b. Anno Dom. 1177. The King with his Earls and Barons go in Pilgrimage to St. Edmunds-Bury to Ely and Gaidington King with his Earls and Barons kept his Court at Wy in Kent and after the Solemnity went to London and from thence in Pilgrimage in perigrinatione to St. Edmund the King and Martyr to the Monastery at St. Edmunds-Bury where he was the Sunday after Easter The next day he went to Ely in Pilgrimage to St. Audry and from thence he went to * Perhaps Gayton in Cheshire or Gaiton in Northamptonshire as Gervase of Canterbury says Col. 1522 l. 3. Gaidington or Gaitintune where many Welsh flocked about him and sware Fealty to him [5.] Ibidem Hither by his Command came to him Roger Arch-Bishop of York Reginald Bishop of Bath John Bishop of Norwich and Adam Bishop of St. Asaph and many Earls and Barons of the Kingdom to Treat of the Peace and Settlement thereof [6.] Ibidem p. 97. a. The Lords and Knights of the Kingdom come to Windsor to go where the King should Command The King removes several Constables of Castles and places others in their room and when they had Treated some time there the King removed to Windsor and the Arch-Bishop and other Bishops with him where came to him almost all the Earls Barons and Knights of England provided with Horse and Arms to go whether the King should Command And when they had Treated further there about the Peace and Establishment of the Kingdom by Advice of his Bishops Earls and Barons he removed the Constables of several Castles in the North of England and made Knights which were of his own private Family Constables William Stutevill he made Keeper of the Castle of Rokesburgh and Roger Stutevill of the Castle of Edinburgh and William Nevill of the Castle of Norham and Roger Arch-Bishop of York of the Castle of Scarburgh and Geofry Nevill of the Castle of Berwick and Roger Comers of the Tower of Durham which the King took from [7.] Ibidem Hoved f. 323. b. n. 20. Hugh Bishop of Durham because he served him falsely in the time of War and for that reason and that it might stand and not be demolished and for the Kings Peace and that his Son Henry de Puteaco or Pudsey might enjoy the Maner of Wicton with its Appurtenances the Bishop gave the King 2000 Marks From Windsor [8.] Ben. Abb. p. 97. b. The King Commands the Welsh Kings to meet him at Oxford Who with many other Noblemen did Homage to him the King went to Oxford where he had Commanded the Welsh Kings and the most Potent Men of
Emperor for a Summe of Money It was observed [7] Ibid. Earl John well pleased with his Brothers imprisonment His contrivance to secure the Crown for himself That Earl Iohn was very Brisk when he heard his Brother was made Prisoner and conceived great hopes of being King and therefore he wheadled in many through the whole Kingdom with great promises and with great Diligence fortifyed his places of Strength and went over into France and entred into a Confederacie with that King that he might secure his Nephew Arthur from injoying the Crown and it is no hard matter to believe this from his precedent actions In the Absence of the King there happened great [8] f. 398. b. n. 20. A. D. 119â— A discord between him and the Chancellor discord between Earl Iohn and the Chancellor about Lincoln Castle which was in the Custody of Gerard de Camvill Sheriff of Lincolnshire who was turned out of his * Expulso Girardo de Camvil a à Baliva Vicecomitatus Lincolniae Composed by the mediation of the Bishops Office by the Chancellor and William de Stutevill put into it but would not part with the Castle and while he Besieged it the Castle of Nottingham and the Kings Castle of Tikehill were delivered to Earl Iohn who sent to the Chancellor that unless he quitted the Siege he would force him to do it He affrighted at the Earls Message raised the Siege and by the Mediation of the Bishops and other friends an agreement was made between them which the Reader may find in the [9] Append. n 75. Appendix with the Translation of it Not long after this Agreement Geofrey the Elect of York was consecrated by the Arch-Bishop of Tours by the Popes Command who not regarding the [1] Hoved. ut supra f. 399. a n. 30. Geofry Elect of York comes into England before the three years were expired Oath he had made to his Brother the King That he would not come into England in three years after the King should leave it came to Witsan perhaps at this Day Calais and was there ready for his passage over The Chancellor sorbad him to come into England contrary to his Oath he made to the King He regarded not the Chancellors Prohibition and Landed at Dover in the month of September where the Chancellor had appointed Officers to apprehend him But having notice of it he changed his Cloaths and mounted a Swift Horse and got to the Monasterie of St. Martins belonging to that Town and put himself into the Church [2] Ibidem n. â—0 50. He is taken by the Chancellors Officers and delivered Prisoner to the Constable of Dover Castle The Chancellors Officers Guarded the Church so as he could not go out and after Mass took him while he was standing at the Altar in his Sacerdotal vestments and carried him out of the Church through the Dirty Streets and Delivered him to Mathew Clere the Constable of Dover Castle [3] Ibidem b. n. 10. But is released by Earl Johns Order The Chancellor is summoned to appear in the Kings Court but refuses Earl Iohn hearing of this ordered the Chancellor to release him And then coming to London he complained to Earl Iohn and to the Bishops and great men of the injury he had received from the Chancellor The Earl commanded he should stand to the Law in the Kings Court for that and also for the Injury he had done to Hugh Bishop of Durham The Chancellor deferred his appearance the Earl the Arch-Bishop of Roven the Bishops and chief men of the Kingdom appointed him a Peremptory day at Reading whither Earl Iohn and almost all the Bishops Earls and Barons of the Kingdom came in expectation of him but he neither came nor sent any one to appear for him Then the Earl and the Bishops that were with him went toward London A Skirmiâ—h between the Earls and Chancellors retinue One of the Earls Knights Slain That they might consult before a great Audience of the Citizens what they should do with that Chancellor That had so troubled the Kingdom and would not stand to Law He hearing of it left Windsor and went to London and by the way his and the Earls retinue their Milites or Knights met and fought in which Skirmish one of the Earls Knights Roger de Planis was Killed yet he had the better and the Chancellor fled to London and he and his Retinue got into the Tower On the 10 th of [4] Ibidem n. 20. The Chancellor accused of high Misdemeanors October Earl Iohn the Arch-Bishop of Roven the Bishop Earls Barons and Citizens of London met in Pauls Church-Yard and accused the Chancellor in many things but especially for the injuries he had done to the Arch-Bishop of York and Bishop of Durham Those also the King had associated with him in the Government accused him saying That he Depised their advice and managed all the Business of the Kingdom by violence and according to his own Will And then the Arch-Bishop of Roven and William Marshall Earl of Striguil first shew before the People their Letters under the Kings Seal from Messina by which they were associated with the Chancellor and others in the Government of the Kingdom and that he was to do nothing without their advice and if he did and it was to the detriment of the Kingdom he was to be [5] No such thing in the Letters See Append. n. He is deposed deposed and the Arch-Bishop of Roven put in his place And it pleased the Earl and all the Bishops Earls and Barons of the Kingdom and the Citizens of London that it should be so for that the Arch-Bishop of Roven would do nothing without the Advice of his associates and the Barons of the Exchequer And the same Day the Earl of Moreton [6] Ibidem n. 40. and the Archbishop of Roven and the other Justices That is the Commissioners in the Government of the King Granted to the Citizens of London to have their Comunity Et eodem die Comes Moretonii Archiepiscopus Rhoâ—amagensis alii Regis Justiciarii Concesserunt Civibus Londoniarum habere Comunam suam And the same year the Earl and Arch-Bishop and almost all the Bishops Earls and Barons of the Kingdom did Swear firmly and resolutely to uphold that Comunity The Citizens of London Swear fealty to King Richard and Earl John as his heir The Tower and Windsor Castle delivered up to him by the Chancellor so long as it pleased the King Et eodem Anno Comes Moretonii Archiepiscopus Rothomagensis fere omnes Episcopi Comites Barones Regni Juraverunt Comunam illam firmiter inconcusse servaturos quamdiu Domino Regi placuit And the Citizens of London did Swear faithful service to King Richard and his Heir haeredi suo And if he should Dye without Issue That they would receive Earl Iohn his Brother for their King and Lord and they
Marks to the Emperor and from the Earl 30000 upon condition he might be kept prisoner until Michaelmass following or if the Emperor had rather they would give him a thousand Pounds a Month so long as he should keep him Prisoner or if it pleased him better the King of France would give him 100000 Marks and Earl Iohn 50000 to deliver him Prisoner into their hands or at least that he would keep him one year The Emperor prevailed upon to differ his Release upon these Offers the Emperor put off the Day of his Liberty and ordered it to be upon the Purification of St. Mary at Ments At that Day and place [5] Ibid. b. n. 30.40 Henry Emperor of the Romans with the Great Men of his Empire and Richard King of England with his Mother Queen Alienor and Walter Archbishop of Roven William Bishop of Ely his Chancellor and Savaric Bishop of Bath met and held a Council about the Liberty of the King of England The Emperor out of Covetousness tempted with the money the King of France and Earl Iohn offered would have gone from his Agreement and calling for theis Messengers amongst which The King of France and Earl Johns letters given to King Richard to read was Robert Nunant Brother to Hugh Bishop of Coventry he gave the King of France and Earl Iohns Letters which they wrote against his Liberty to the King of England to read at which he was much troubled and confounded dispairing of his Freedom He by his Friend and Counsellor Sollicites the Archbishops of Ments Colon and Saxeburgh who this Archbishop was I find not unless Treves or Trier had ever that name the Bishops of Worms Spire and Liege The Dukes of Suavia the Emperors Brother of Austria and Lovain The Earl Palatin of the Rhene and other Great Men of the Empire who were â—idejussors or undertakers for the Emperor upon the Agreement between him and the King of England The Emperors Fidejussors rebuke him for his Covetousness who boldly went to him and rebuked him for his Covetousness and for that he would so impudently run back from his Bargain Qui ita impudenter à pacto suo resilire volebat and wrought so effectually with him as he Freed the King from his imprisonment [6] Ibid. n. 50. He thereupon consents to King Richards release he giving Walter Archbishop of Roven Savaric Bishop of Bath and Baldwin Waâ— and many other sons of his Earls and Barons hostages or Pleges for the Residue of his Ransom Money unpaid and that he should keep peace to the Emperor his Empire and all his Dominions and the Archbishops of Menâ—s and Colon Delivered him free into the Hands of his Mother Alienor A. D. 1194. Robert Nunant refuses to be plege for the King on the fourth of February The King asked Robert Nunant to be a Plege for him he answered he was Earl Iohns Man or Vassal and therefore would not be Plege for him Respondet [7] Ibid. f. 418. a. lin 4. Quod esset homo Comitis Iohannis ideo noluit pro ipso obses Esse for which answer the King caused him to be taken and imprisoned The same Day the [8] Ibid. n. 10. The Emperor writes to Earl John to restore King Richard all his rights and possession Emperor the Archbishops Bishops Dukes and Earls of the Empire by their common Writing to which they put their Seals sent to the King of France and Earl Iohn that presently upon sight thereof they should deliver to the King of England the Castles City's Fortresses Towns Lands and whatsoever they had taken from him while he was the Emperors Prisoner and if they did not to let them know they would help him to recover what he had lost [9] Ibid. n. 20.30 King Richards generosity to the German Bishops and Nobility Hereupon King Richard by his Charts granted to several Archbishops Bishops Dukes Earls and Barons and others of the Empire annual Rents or stipends for their Homages Fealty's and aids or assistance against the French King and received the Homage of the Archbishops of Ments and Colon of the Bishop of Liege the Dukes of Austria and Lovain the Marquess of Montferrat the Duke of Lemburgh and the Duke of Swavia the Emperors Brother of the Earl Palatin of the Rhene the Son of the Earl of Haynault of the Earl of Holland and many others saving their Fealty to the Emperor He is conducted to Antwerp and from thence came to Sandwich who gave the King a safe conduct or Pass-port to Antwerp where he was under the protection of the Duke of Lovain from thence he came to England and landed at Sandwich on the 13th of March. Not long before the Kings [1] Ibid. n. 40.50 Arrival one Adam of St. Edmund a Clerc and servant to Earl Iohn was sent by him into England with Letters and Directions That his Castles should be fortified against his Brother He came to London and went to the Palace of Hubert Archbishop of Canturbury and dined with him where he Boasted much of the prosperity of his Master The Insolence of one of Earl Johns Servants and the intimacy he had with the King of France telling that he had given him the Castles of Driencurt and Arches which should have been given to the Archbishop of Rhemes and talked at a great Rate what his Lord could do if he had but Faithful Men. His Bragging discourse much exasperated the Archbishop and all that heard him He is apprehended and Earl Johns designs are discovered but for the Deference to the Table he was not apprehended But after Dinner in his Inn the Major of London took him and all his Briefs or Commissions which conteined all Earls Iohns design and delivered them to the Archbishop of Canturbury [2] Ibid. b. lin 4.5.6.7 who on the Morrow called before him the Bishops Earls and Barons of the Kingdom and shewed them those Letters and declared the Tenor of them and presently it was Determined by the Common Council of the Kingdom Earl John disseized of all his Tenements in England That Earl Iohn should be disseized of all his Tenements in England and that his Castles should be besieged statim per Commune Consilium Regni Definitum est Quod Comes Iohannes Dissaisiretur de omnibus Tenementis suis in Anglia ut Castella sua obsiderentur factum est ita and so it was done The same Day [3] Ib. b. n. 10. He his Advisers and Abettors Excommunicated Archbishop Hubert the Bishops of Lincoln London Rochester Winchester Worcester and Hereford and the Elect of Excester and many Abbats and Clercs of the Province of Canturbury came together and Anathematized Earl Iohn and all his Abetters and Advisers which had or should Disturb the Peace of King and Kingdom unless they laid down Arms and gave satisfaction All to whom the [4] Ibid. n. 20 30 40 c. His
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
King John or did homage to him as it was his right or for his right Willielmus Rex Scotorum devenit homo Regis Iohanis de jure suo and Swore Fealty to him upon the Cross of Hubert Archbishop of Canturbury to preserve his Life Limbs and Terrene honor against all men and keep Peace toward him and his Kingdom saving his own right These being Witnesses Hubert of Canturbury Iohn of Dublin Bernard of Raguse Archbishops Philip of Durham William of London Gilbert of Rochester Eustacius of Ely Savaric of Bath Herbert of Salisbury Godfry of Winchester Giles of Hereford Iohn of Norwich Roger of St. Andrews Henry of Landaf and Roger of Bangor Bishops Geofry Fitz-Peter Justiciary of England Earl of Essex Roger Bâ—got Earl of Norfolk Hamlin Earl of Warren Baldwin de Behun Earl of Albemarle William Earl of Salisbury Henry de Bohun Earl of Hereford Richard Earl of Clare William Earl Ferrers David Earl of Huntington Rolland or Rowland Son of Huctred Son of Fergus Prince of Galway Patrick Earl of Lonaâ—s Griffin Son of Rese King of Southwales and many others of the Kingdom of Scotland And before these Barons of England and Normandy Roger Constable of Chester Eustachius de Vesci Robert de Ros William de Stutevill Ralph Chamberlan of Tanquervit Warin Fitz-Gerold Stephan de Turnham * Seneschal of Anjou Robert his Brother Gilbert Basset Thomas and Alan his Brothers Roger of Hutingfield Sayer of Quinci William of Hastings Iolan de Nevill Simon de Chanci Girard de Camvil and many other Barons of England and Normandy After King [1] Ibid. n. 40. His demands of King John William had done his Homage he Demanded of King Iohn his Lord Northumberland Cumberland and Westmerland as his right and inheritance and when they had long Discoursed the matter and could not agree the King of England desired time to consider of it until Whitsunday following A. D. 1200. and early on the morrow Morning Novemb. 23d the King of Scots returned toward his own Country under the Conduct of the same persons that brought him into England King Iohn kept his Christmass at Guilford where he distributed many fine Cloaths to his Knights or Military men [2] Mat. Paris f. 205. n. 50. Hoved. f. 464. b. n. 10. The Arch-Bishop did the same at Canturbury as it were vying and contending with him in the magnificence of that Solemnity which not a little moved the Kings Indignation [3] Ibid. 20.30 A. D. 1201. King John and his Queen made a progress through most of England After Christmass the King with his Queen went into the North as far as Northumberland and made a Progress through much of England and fined many men for wasting his Forests The Historian names several particular places and days and nights where the King was and lodged in this progress or perambulation which takes off the incredibility of the Journey to have been undertaken at that time of the year At Easter [4] Ibid. f. 465. b. lin 1. which happened that year on our Lady Day the King and Queen Isabell were at Canturbury and there Crowned by Hubert Archbishop of Canturbury in the Cathedral in the presence of Iohn Arch B. of Dublin William Bishop of London Gilbert Bishop of Rochester Eustachius Bish of Ely and Iohn Bish of Norwich [5] Ibidem lin 6. He Summoned his Earls and Barons to be ready with Horse and Arms to go with him over Sea And presently after Easter he Commanded the Earls and Barons of England should be ready with their Horse and Arms at Whitsunday at Portsmouth to pass with him beyond Sea The Poictovins had prevailed against their Governors and Besieged their Castles Warin de Glapion Seneschal of Normandy by order of King Iohn Besieged the Castle of Dancourt which King Richard had given to Ralph de Isondon Earl of Ou Brother of Hugh le Brun. But Philip King of France hearing of the King of Englands preparations raised the Sieges before he came into Normandy [6] Ibidem n. 10. They refuse unless their Rights be first restored In the mean while the Earls of England met at Leicester and by Common Agreement sent to the King They would not go with him beyond Sea unless he would Restore to them their Right [7] f. 206. lin 8. Mat. Paris says they came at the appointed time and many for leave to stay at home gave the King two Marks in Silver for every Knights Fee At Whitsunday [8] Ibid. Hoved f. 466. a. lin 5. or some time before King Iohn sent Geofry Bishop of Chester Richard Malevisse and Henry de Putearo Pudsey to the King of Scots That the time of Giving his Answer about Northumberland c. might be put off until Michaelmass [9] Ibid. n. 10 He passes over into Normandy and treats with King Philip. In Whitsun week he and his Queen Sayled from Portsmouth and landed in Normandy and presently there was a Treaty between him and the King of France near the Isle of Andeli and they agreed well between themselves no man knowing the subject of their Discourse and within three days King Iohn was invited by the King of France to his Palace at Paris where he was splendidly and honorably entertained from whence he went to Chinon [5] Ibid. n. 20. where came to him Queen Berengara the Relict of King Richard to whom upon the Testimony of Philip Bishop of Durham and others that were present at her Marriage he gave her during Life the City of [2] Ibid. f. 467. b. n. 30. He gave Berengara King Richards Relick a large Dower Bayeux with its Appurtenences two Castles in Anjou and a 1000 Marks Sterling every year 500 to be paid at the Exchequer in England and 500 at the City Caen in Normandy for her Dower King Iohn had a Design to * Ibid. f. 468 a. n. 30.40 His Design to Appeal the Barons of Poictou of Treason Appeal the Barons of Poictou for Treason against his Brother Richard and himself and had hired many men who had been taught the Art of Duelling who without doubt he intended should Appeal them or at least be his Champions Sed Barones Pictaviae inde praemoniti ad Curiam illius venire Noluerunt Dicentes Quod nemini Responderent nisi pari suo But the Barons being forewarned would not come to his Court saying they would answer to no man that is fight with no man but their Peers or aequals and so his Design came to nothing and the Poictovins by that project were made more his Enemies than before and to Repress their Violence he appointed Robert de Turnham his Seneschal or Lieutenant of that Country This Year Hugh Bardolf and [3] Ibid. n. 20. other the Kings Iustices went to Boston Fair intending to Seize to the Kings use all Woollen Cloaths that were not two Ells within the Lists according to King Richards Assise or Statute The Merchants
an Earl and Duke Therefore though he was a King anointed yet as he was an Earl or Duke he was under the Iurisdiction of his Lord the King of Fâ—ance But if an Earl or Duke Committed a Crime in the Kingdom of France he might and ought to be Judged by his Peers [1] Ibid. n. 40. and if he were neither Duke or Earl or Liege Man of the King of France and had Committed a Crime in the Kingdom of France yet by Reason the Crime was Committed in France the Barons might Judge him to Death otherwise if the King of England because he was an anointed King who was then a Peer of France could not be Judged to Death might safely enter the Kingdom of France and Kill the Barons of that Kingdom as he had Killed his Nephew Arthur The Monk [2] Ibid. n. 50. Quere Why the Monk said this tells us the truth of the Matter was thus That King John was not justly adjudged from the Dukedom of Normandy because he was not Judicially but Violently thrust out of it For that he sent Eustace Bishop of Ely and Hubert de Burgh to let the King of France know The Mutual Objections Answers and Replys c. That he would Willingly appear in his Court and was ready to stand to the Law in all things if he might have a safe Conduct The King of France answered he should come safely The Bishop then asked him And shall he return safely [3] Ibid. fol. 284. lin 1. Of the King of France and the Envoys of the King of England To which the King returned If his Peers would permit him And when the King of England's Envoys pressed that he might safely come into and return out of France King Philip sware by the Saints of his own Country he should not depart without Iudgment or Tryal [4] Ibid. lin 4. Concerning his Answering in the Court of France The Bishop urged the Dangers that might happen by his coming without Safe-Conduct and that he could not come to his Court as Duke of Normandy but he must come as King of England when as the same person was both King and Duke which the Baronage of England would no ways permit though the King would submit to it For he must either run the Hazard of Imprisonment or Death as a Peer of that Kingdom To which the King of France Rebutted And what is this my Lord Bishop 'T is well known the Duke of Normandy my Tenant hath violently acquired England and if he suddenly hath acquired any greater Honor shall this prejudice his Capital Lord shall He lose by it Certainly not [5] Ibid. n. 10. To which saith the Monk the King of England's Messengers could Surrebutt or answer nothing and so returned home But adds [6] Ibid. Mat. Paris his Opinion about the Condemnation of King John in the Court of France The Monk notwithstanding what the King of England's Envoys said the Great Men of France proceeded to Judgment which justly they ought not to have done because he that was judged was absent and would have appeared if he could And therefore King John being condemned by his Adversaries was not justly condemned [7] Ibid. n. 20. The Popes Opinion about the Death of Duke Arthur The Pope says Duke Arthur was taken by his Vncle at the Castle of Mirebel after he had done Homage and Ligeance to him and therefore might be put to Death without Judgment Secondly [8] Ibid. n. 30.40 The second Objection against King John and the Popes answer The Replies of Lewis his Envoys to the Pope 'T was Objected against King John That he was often Cited to appear in the Court of the King of France and neither appeared personally nor sent any one to appear for him The Pope answered This was only Contumacy and not a Mortal Crime and was otherwise to be punished and therefore the Barons could not judge him to Death Lewis his Messengers replyed That it was the Custom of France That if any one was accused of Murther and appeared not but sent his excuse he was judged as Convicted in all things and the Issue of him barred from Inheriting To which the Pope answered again That suppose King John had been Judged to Death and his Issue barred which could only be for his Territories in France His Answers to them again yet Blanch the Wife of Lewis ought not to succeed but either the Sister of Arthur or Otho Son of Henry Duke of Saxony by her Eldest Sister Maud or the King of Castile her Brother or the Queen of Leon her Eldest Sister [9] Ibid. f. 285. lin 1. To which Lewis his Envoys again Replyed That she had a Title which was good while others appeared and if any nearer to it afterwards claimed Lewis might do what he thought fit or what he ought to do 3. To these things the [1] Ibid. l. 5. The Pope asserts his own Title Pope said the Kingdom of England was his property and that Lewis ought not to spoil him of his Kingdom by War To this Lewis his Commissioners Answered The War was begun before the Pope could pretend to it [2] Ibid. n. 10. Lewis his Envoys indeavour to invalidate it For William Longe-spee and many with him came and invaded Lewis his Territories Therefore his War was just against the King of England that sent him [3] Ibid. The Popes Answer to their Argument for War against King John The Pope answered Lewis ought not to make War upon him for what his Vassal had done but to make his complaint to him as his Lord. To this the Commissioners Replyed [4] Ibidem The Reply of Lewis his Envoys There was a Custome in France That when any Vassal made War upon any one by Authority of his Lord he might make War upon him again without complaining to his Lord. [5] Ibid. n. 30. The Pâ—pes Argument against the War The Reply of Lewis his Commissioners The Pope urged further That the Barons were Excommunicated and all their Favorers by which means Lewis would incur the pain of Excommunication To this his Commissioners replyed he did not favor or Cherish the Barons of England but prosecuted his own right And that he believed neither the Pope nor so great a Council would Excommunicate any man injustly for that at the time of declaring the Sentence they knew not what right he had to the Kingdom of England [6] Ibid. n. 40 The Popes Resolution And after all the Pope said he would determine nothing until that he heard from his Legat Walo This was the Discourse between the Pope and Lewis his Envoyes their mutual Objections Answers Replyes c. Lewis [7] Ibid. n. â—0 Lewis waâ—â—s Essex Norfolk and Suffolk and returns with the Spoils to London He makes Gilbert de Gant Earl of Lincoln and sends him to Block up Nottiâ—gham and Newark Castles made a great Cavalcade into the East of England the
King John was dead [4] Ibid. n. 50. Lewis and the Barons summon Dover Castle They were possessed with a fallacious Joy that the Kingdom of England would soon be subdued Therefore Lewis summons Hubert de Burgo Constable of the Castle to surrender it Telling him King John was dead and that he could not defend it against him and therefore if he would deliver the Castle and Swear Fealty to him He would not only reward him with Honors but also make him one of his Counsellors To whom Hubert gave this Answer That altho his Master was dead Hubert de Burghs Resolute Answer yet he had Sons and Daughters who ought to succeed him but would not hear of surrendring the Castle till he had consulted his Knights who unanimously resolve in the Negative lest by a shameful Surrender [5] Ibid. fol. 290. n. 10. They should be branded for Traytors when this Resolution was made known to Lewis he raised the Siege and marched towards London On the 12 th of November following [6] Ibid. Lewis takes Hertford He came before Hertford and besieged it which at first was well defended by Walter de Godardvill and many French were slain but at last was yielded unto Lewis upon Condition they might be secured of their Goods their Horses and Arms. Robert the Son of this Walter claimed the custody of this Town as belonging unto him by Antient Right To whom the French Men replyed That such English were never to be trusted who had been Traytors to their own Master However Lewis promised him that when he had wholly subdued the Kingdom every one should have their Rights restored From hence he proceeded to Berchamstede Castle [7] Ibid. n. 30. and Berchamstede Spoils the Countrey and after some small skirmishes and a few Sallies made by the besieged he took it After this he ravaged the Countrey and spoiled the Inhabitants until he came to St. Albans and required the Abbat to do him Homage which he refused unless released from his Homage to the King of [8] Ibid. n. 50. England Lewis inraged at this Answer Sware He would burn both the Abby and Town unless he did what he required Whereupon the Abbat by the Mediation of Saher Earl of Winton made a composition with him for himself and the Town till the Candlemass following Returns to London and gave him Fourscore Marks of Silver to spare the Abby and Town until Candlemass and then he returned to London In the year 1217. the young King Henry [9] Ibid. fol. 29â— 10 A. D. 1217. The King and Protector at Bristol The English doubtful whether they should adhere to King Henry or Lewis kept his Christmass at Bristol with Walo the Legate and William Mareschal the Protector or Governor of the King and Kingdom At this time there was a fluctuation in the Nobility whether they should submit to young Henry or Lewis The French they hated and despised and the more because Lewis contrary to his Oath had entred upon their Lands Possessions and Castles and placed Soldiers and Strangers in them And at the same time were ashamed to return to the King whom they had deserted being thus perplexed they could not tell which way to steer their course Mount Sorrel Castle Plunderers defeated On the Twentieth of January several Knights and Esquires or other Horsemen went out of Mount-Sorrel Castle to plunder the Countrey The Garrison in Nottingham Castle had notice of it and sent out a party that ingaged them killed Three of their number and took Ten Knights and Twenty four Esquires Servienses prisoners About this time Lewis [1] Ibid. n. 50. A Truce between King Henry and Lewis had notice from his Envoys at Rome that unless He departed out of England the Sentence of Excommunication pronounced against him by Walo the Popes Legate would be confirmed by the Pope Whereupon a Truce was made between King Henry and Lewis until a Moneth after Easter and that all things were to remain in the same State they were in that day The Truce was made until the term was expired He pasâ—eth over Sea In Lent Lewis passes over Sea by which he lost the affection of the English Barons And thereupon William Earl of Salisbury William Earl of Arundel William Earl of Warren Many of the English Barons return to their Allegiance and William Son of the Great Mareschal returned to their Allegiance and afterwards firmly adhaered to young King Henry which very much weakened Lewis his party After [ ] Ibid. fol. 293. n. 40. William Marshal and Ranulph Earl of Chester c. Besiege Mount Sorrel Castle the Solemnity of Easter was past at the instigation of William Mareschal Ranulph Earl of Chester William Earl of Albemarle William Earl of Ferrars Robert de Veteri Ponte Brian de Insula W. de Cantelupo Philip Mart Robert de Gaugi Falcasius with his Castellans and many other Garrison Soldiers met to besiege the Castle of Mount Sorrel wherein Henry de Braibrot was Governor and with him were Ten stout Knights and many other Soldiers There were many vigorous Assaults made and as briskly received and returned Saâ—er Earl of Winton contrives with Lewis how to raise the Siege But the Besieged being close pressed sent to Saher Earl of Winton the Lord or Proprietor of the Castle who was then at London for relief He applies himself to Lewis who was lately return'd from beyond Sea to London that he would send Assistance and raise the Siege and they agreed to send such Force as might not only Relieve the Castle but also subdue the Countrey There went out of London [3 Ibid. n. 50. Six hundred Knights and above 20000 Armed Men Qui omnes aspirabant in aliena who all gaped after Plunder the chief of them were the Earl of Perch Mareschal of France Saher Earl of Winton and Robert Fitz-Walter and many others who were judged very fit for that Expedition They set forth the last of April and marched towards St. Albans Burning and Robbing Towns and Churches spoiling all sorts of Men and cruelly tormented them that they might force from them excessive Ransoms Neither did they spare [ ] Ibid. fol. 294. n. 10. the Abby of St. Albans notwithstanding a little before the Abbar satisfied Lewis They marched from thence to Dunestaple where they took away the Monks Cloaths and with their polluted Hands [5] Ibid. n. 20. snatched away the Holy Reliques from the Altar After many Spoils and much Rapine they went directly to the [6] Ibid. n. 40.50 Mount-Sorrel Castle relieved Lewis his Army besieged Lincoln Castle Castle of Mount-Sorrel and raised the Siege without any opposition From hence they marched to Lincoln and set down before the Castle which Gilbert de Gant had a long time in vain Besieged and made many Assaults but were vigorously repulsed Upon this [7] Ibid. n. 50 William Marshal c. raise an Army for the relief of Lincoln
but heard his Pleasure and the Business he had with them from his Commissioners or Messengers Walter Archbishop of York Richard Earl of Cornwal and Walter Provost of Beverly By whom they advised the King to send to the King of France for amends if he had done any thing contrary to the form of the Truce between them and not to Declare War until the time of it was expired If he had done any Injury and that it could be proved and denyed Restitution they would assist him according to their Abilities They counted many Aids they had given him and remembred especially the last of a 30th part of their Moveables which was by stipulation to have been expended by the advice and oversight of four Barons for the Benefit of the King and Kingdom And seeing they had not heard of any expended by their Advice they did believe the King had all that Money by him which he might now make use of and told them the King by keeping many Bishopricks in his hands by the Escheats of the Lands of Earls Barons and Knights by Fines and Amerciaments his Itinerant Justices had set upon Counties Hundreds Cities Burghs and Towns had of late raised a great Summ of Money When the Kings Commissioners asked them What if the King of France should break the Truce before it expired And promised them in behalf of the King That if he had done any Injury to any of the great men he would make satisfaction according to the Judgement of Peter of Savoy and others of his Council To the first the Barons Answered as they had before concerning him To the Second they said they had heard those things formerly when they Granted the 30th part of their Moveables But whether they had been performed they left that to the King himself and so remained Resolute in not Granting the King an Ayd Not one Word here of any Billingsgate Language or Revileing of the King with which the Monks report doth very much abound When King Henry 's [2] fol. 582. n. 40. King Henry prepares for his Expedition The Earl of March his promise Designs were known to the King of France he prepared 24 Gallies to hinder the English from landing at Rochel in the mean time King Henry was only busied in providing money for the Earl of March had promised to procure Men enough Then Peter of Savoy Earl of Richmond and Peter [3] f. 583. n. 10. The Kings Messengers to the Poictovins hardly escaped the French Bishop of Hereford were sent into Poictou to secure the King of England what assistance and friends they could among the Poictovins But both of them very hardly escaped being taken by the French returned again to England without effecting any thing to purpose Against Easter [4] Ibid. n. 20. The Kings Summons to the Military Men not in the usual Tenor. He commits the Kingdom to the Arch-Bishop of York and passes over Sea A contract between his Daughter and the King of Scots eldest Son the King sent out Summons to those that ought him Military Service to meet him at Portsmouth not with Horse and Arms according to the usual tenor but in lieu of their Service with a great Summe of Money cum Magna pecuniae summa Then the King having committed the custody of the Kingdom to the Arch-bishop of York and received into his favor the Bishop of Chichester formerly his Chancellor and recalled Ralph Fitzâ—Nicholas and Godfrey Craucumb he took Ship at Portsmouthâ— with Queen Alienor Earl Richard and seven other Earls and landed in Gascoigny where they were received by Reginald de Pontibus and the Great Men of that Country and for the better secuâ—y of his Affairs at home a Marriage was agreed upon between â—lexander Eldest son to the King of Scots and Margaret his Daughter and that part of the Kingdom which bordered upon Scotland was committed to the Care of that King at the time he should be beyond Sea The King of France was not idle all this while but [5] fol. 584. n. 30 40. The number and quality of the French Army prepared a great Army which consisted of 4000 Knights exactly Armed and 20000 Esquires or Servants Crossbow men and Common Soldiers besides a dayly confluence of men from all parts of his Dominions towards Poictou He marched with his Army and set down before Fontenâ—y a Castle of the Earl of March In the time of the Siege the King of England sent Ralph Fitz Nicholas and Nicholas de Molis to the King of France to [6] fol. 587. n. 10 King Henry sendeth Messengers to the King of France They are kindly received and Answered declare War unless he would submit to his desires The King of France received them very kindly and answered that he was so far from breaking the Truce that he was willing it should be continued [7] Ibid. n. 30. three years longer and would consent he should have delivered to him the greatest part of Normandy and Poictou but wondred his Cousin of England should think that he infringed the Truce in the least when he endeavoured only to correct and repress the insolence of his own men suos homines that proved Rebels and Traytors to him and that he should be so much concerned for the Earls of March and Thoulouse and thought he had violated the Truce in receiving and incouraging his Rebellious Subjects and Enemies With this Answer the [8] fol. 588. lin 1. King Henry refuseth the offers of the King of France Messengers returned to the King of England who would not hear of renewing the Truce but sent some Hospitallers in his Name to defie the King of France who now began to [9] Ibid. n. 10. The King of France concerned for the Oath of his Father Lewis to King Henry His scruples are satisfied His Successes against the Earl of March his Castles repent he had made so fair Overtures for Peace and expressed his Sorrow that the King of England should be thus wheadled by the Earls of March and Tholouse and shewed himself most concerned for the Oath his Father Lewis had made to King Henry when he left England But one of his Great Men replyed That that Oath was mutual and that the King of England had violated his part when he broke his promise to Lewis his Accomplices and caused Constantine a Citizen of London to be hanged for defending your Fathers Honor. This satisfyed the Kings Scruples and then he proceeded to make a vigorous attack upon the Castle which after 15 days Siege was taken by assault contrary to the confidence of all the Poictovins and the Earl of March his Son and all his Accomplices were made Prisoners When some that were about the King advised that they might be executed for a Terror to other Rebels He replyed The Son obeyed his Father They all Surrender or Capitulate and the rest the Command of their Lord and upon that Account neither of them deserved Death
great Men of Ireland and therefore ordered them to secure the peace of that Nation and sent them further private instructions by Roger Waspail who carried these Letters to whom he Commanded them to give credit This is all I find worth noting concerning Ireland in this Kings Reign who appointed Couragious Justiciaries and other Officers by whose industry and by putting the English Laws in Execution that Nation was kept in peace and quiet The Issue of King Henry the Third EDward his [1] Paris f. 488. n. 30. Eldest Son by Queen Alienor of Provence who was King of England after his death was born at Westminster upon the 16th of June 1239. Edmund his Second Son by the same Queen [2] Ibid. f. 654. n. 20. born January 16th A. D. 1245. in the Thirtieth year of his Fathers Reign He was Earl of Lancaster Leicester Derby and Campaign Lord of Monmouth and Steward of England There are by some four more Sons named but if he had them they died young Margaret his [3] Pat. 36 Hen. 3. m. 1. Eldest Daughter was Married to the King of Scots Alexander the Second a Child of nine years old Beatrice his Second Daughter so named of her Grand-mother Beatrice Countess of Provence was [4] Paris f. 5â—4 n. 20. born at Bourdeaux in Gascoigne on the 25th of June A. D. 1242. and was Married to John de Dreux Duke of Britain in France and Earl of Richmond in England Katherine the Third Daughter was born [5] Ibid. f. 879. n. 10. at London on St. Katherines day or the 25th of November A. D. 1253. and died at five years of Age. FINIS THE APPENDIX DE Sententiis Judicum CHART XCIX VAUCO IN nomine Dei Forma progreâ—suâ— in judicio Antiquitates Alaman Tom 2. fol. 3. cum resideret Vnfredus vir inluster Rhetia was toward the foot of the Alps. Retiarum N. 1 Comes incurte ad campos in Mallo publico ad universorum causas audiendas vel recta judicia terminanda ibique veniens bomo aliquis nomine Hrothelmus proclamavit eo quod in Contra Direâ—tum Coâ— Drâ—ctum Coâ—tra Drutum Contra Droâ— Gallicâ— Testimonia 〈◊〉 Tâ—sâ—eâ— common in Barbâ—rous â—â—tin Contradrutum suum Mansum ei tollutum fuisset quod ei advenit à parâ—e Vxoris suâ— simul Flavino propriâ— suum fuisset legibus suum esse deberet quin jam de TradavioVxoris suae fuisset â—dcircò suum esse deberet tum prâ—dictus Comes Convocatis illa Testimonia qui de ipso Bâ—go erant interrogavit eos per ipsum fidem Sacramentum quam nostro Domino datam haberet quicquid exinde scirent veritatem diâ—eâ—ent At illi dixerunt per ipsum Sacramentum quod Domino nostro datum habemus scimus quia fuit quidem homo nomine Mado qui ibi habuit suum solum proprium cujus conâ—inium nos sciâ—us quiâ— adjacet confineâ—â—d ipsâ—m Mansom unde iste proclamat in quâ— illi arbore durem de uno lâ—tâ—re aquâ— câ—ngâ—t inter eos terminum est in petrâ—s in arboris ipse est Dominus Nam sicut illa â—dificiâ— dâ—sursum conjungâ—nt istorum hominum proprium est illorum legibus esse debet de parâ—e Avii illorum Quinti Tunc praedictus Comes jussit ut ipsa Testimonia suprâ— irent ipsos terminos ostenderent quod dâ—ebant Quod 〈…〉 feâ—erunt ipsos terminos firmaverunt qui inter illa dâ— Mansa â—ernebant Sed pluâ—imi ibidem adfuerunt Nobiles quos ipse Comes cum â—s direâ—erat quod omnia pleniter factum fuit Vt autem haec â—iâ—ita â—unt interrogavit ipse Comes illâ—s Scabinios quid illi de hâc causâ judicare voluissent At illi dixerunt secundum istorum hominum testimonium secundum vestram inquisitionem judicamus Vt sicut davisum finitum est terminis positâ—s inter ipsos Mansos ut isti homines illorum proprium habeant absque ulliâ— contradictione in perpetuum quod in Dominico dictum terminâ— divisum coram testibus fuit reâ—eptum sit ad partem Domini nostri Proptereâ— opporâ—num fuit Hrothelmo Flavino cum Hieredibus eorum ut exinde ab ipso Comite vel Scabinis tale Scriptum acciperent About the year of our Lord 807. in the Reign of Charles the Great qualiter in postmodum ipsom Mansom absque ullius contrarietate omni Tempore valeant possidere Actum curte ad campos Mallo Publico Anno 7 Imperii Caroli Augusti 37 regni ejus in Franciâ 34 in Italiâ Datum VII id Feb. sub Umfredo Comite faeliciter Amen Haec nomina Testum Valeriano Burgolfo Vrsone Stefano Majorino Valerio Leontio Victore Maurestone Frontiano Florentio Stipfone Valentiano Quintello Stradario Et haec nomina Scabiniorum Flavino Orsicino Odmaro Alexandro Eusebio Maurentio quam etiam aliis plurimis Ego itaque VAUCO rogitus Scripsi Subscripsi All old Judgments Processes and Charts were drawâ— up in Barbarous Provincial Latin without Congruity Syntax Propriety or Elegancy The Process and Judgment is thus Englished N. 1 IN the Name of God when Humfry the Illustrious Person Earl of Rhaetia in his Pavillion in the Fields in a publick Mall or Court sate to hear the Causes of all Men or to determine according to right Judgment there came a certain Man called Hrothelm and complained That against his Right he had an House or Farm taken from him which came to him by his Wife and Flavino and was properly his own and by Law ought to be his because he had it by Livery or delivery of his Wife therefore it ought to be his Then the foresaid Earl calling Witnesses or Witnesses or Jurors were the same in the old Feudal German Law Jurors that were of the very Country or Vicinage he asked them by the Faith and Oath they had made to our Lord that whatever they knew of this Matter they should speak the truth They said By the very This Oath was made to the Emperor who is here meant by Dominus Noster Oath we have given to our Lord we know because there was a certain Man called Mado who had there his proper Soil the bounds whereof we know because it adjoyns and lies next to the very House or Farm claimed upon which there was a great Tree and one side was compassed with Water and between them was a Boundary of Stones and Trees That is Hrotheâ—m He is the Master Lord Owner or Proprietor of it For as those Buildings are joyned above they are the Propriety of those Men and ought to be theirs by the Law in right of their Grandfather Quintus Then the foresaid Earl Commanded That the Witnesses or Jurors should go upon the place and shew the Bounds they mentioned which they did and fixed the Bounds which they saw between the two Houses or Farms and there were many Noblemen there present whom the Earl directed to
go with them which was also fully done So soon as these things were ended the Earl asked the Scabines or Assessors what or how they would Judge in this Case They Replied We Judge according to the Testimony of these Men and your Inquisition That as it hath been determined and the Bounds fixed between the two Habitations or Farms so those Men may have or possess their Propriety for ever without the contradiction of any Man And what the Imperial Land was or the Demeasns of the Empire as it was divided by Bounds before Witnesses let it be received or possessed to the use of our Lord that is the Emperor or happily the Earl Wherefore it were fit for Hrothelm and Flavin with their Heirs to have such a Writing concerning this Determination either from the Earl or Scabines as afterwards they may for ever possess the Houses or Farms without the Contrariety of any Man Charles the Great abouâ— the year of our Lord 807 Done at the Court in the Fields in a publick Mall or Convention for the dispatch of Controversies in the Seventh year of the Empire of Charles the August and the Thirty seventh of his Reign in France and the Thirty fourth in Italy Dated the Eighth day of February happily under Humphry the Earl Amen These are the Names of the Witnesses or Jury Valeriano Burgolfo Ursone Stefano Majorino Valerio Leontio Victore Maurestone Frontiano Florentio Stipfone Valentiano Quintello Stradario And these the Names of the Scabines or Assessors with the Earl Flavino Orsicino Odmaro Alexandro Eusebio Maurentio as also many others Therefore I VAUCO having been Required to do it have Written and subscribed this Judgment Charta W. Regis Primi de Restitutione ablatorum in Episcopatibus Abbatiis totius Angliae W. Dei Gratiâ Rex Anglorum In the Appeâ—dix to Somneâ— Gavelkind p. 191. L. Archiepiscopo Cantuar. N. 2 G. Episcopo Constantiarum R. Comiti de Ou R. filio Comiti Gil. H. de Monte-Forti suisque aliis Proceribus Regni Angliae salutem Summonete Vicecomites meos ex meo praecepto ex parte meâ eis dicite ut reddant Episcopatibus meis Abbatiis totum Dominium omnesque Dominicas terras quas de Dominio Episcopatuum meorum Abbatiarum Episcopi mei Abbates eis vel lenitate vel timore vel cupiditate dederunt vel habere consenserunt vel ipsi violentiâ suâ inde abstraxerunt quod hactenus injuste possederunt de Dominio Ecclesiarum mearum Et nisi reddiderint sicut eos ex parte meâ summonebitis vos ipsos velint nolint constringite reddere Quod si quilibet alius vel aliquis vestrum quibus hanc justitiam imposui ejusdem querelae fuerit reddat similiter quod de Dominio Episcopatuum vel Abbatiarum mearum habuit ne propter illud quod inde aliquis vestrûm habebit minus exerceat sâ—per meos Vicecomites vel alios quicunque teneant Dominium Ecclesiarum mearum quod praecipio The Chart or Writ of King William the First for the Restitution of such things as were taken away from Bishopricks and Abbies N. 2 WIlliam by the Grace of God King of the English To Lanfranc Archbishop of Canterbury and Gorisfrid or Galfrid Bishop of Constance and Robert Earl of Ou and Gul. Pict f. 187. Richard the Son of Earl He was Earl of Brionâ—a in Normandy Ancestor of the Earls of Clare in England Gilbert and Gul. Pict f. 187. Hugh Montfort and to his other Great Men of the Kingdom of England Greeting Summon ye my Sheriffs by my Precept and on my behalf speak to them or Command them That they restore to my Bishopricks and Abbies their whole Demain or perhaps rather all their Lordships and all their Demain Lands which my Bishops and Abbats by fear or easiness granted away and consented they should enjoy them or that they by violence took away and what they as yet unjustly possess of the Demain or Possessions of my Churches And unless they restore them according as you shall on my behalf give them notice you may then constrain them to restore them whether they will or not and if any other or any of you to whom I have committed the doing of Justice in this Matter shall be obnoxious to the same Accusation or Complaint let him restore likewise the Possessions of my Bishopricks and Abbies lest for that reason any of you do not execute what I Command upon my Sheriffs or prove remiss toward such others as hold any Possessions or Lands of my Churches Historia Elien Penes Doctorem Gale p. 87 a. Willielmus Anglorum Rex Omnibus fidelibus suis Vicecomitibus in quorum Vicecomitatibus Abbatia de Heli terras habet salutem Praecipio N. 3 ut Abbatia habeat omnes confuetudines suas scilicet Saccham Socham Toll Team Infanganetheof Hamsocâ—a Grithbrice Fithwite Ferdwite â—nfra burgum extra omnes aliaâ— forisfacturas quae emendabiles sunt in terra sua super suos homines Has inquam habeat sicut habuit die qua Rex Aedwardus fuit vivus mortuus sicut mea Jussione dirationata sunt apud Keneâ—eford per plures Scyras ante meos Barones videlicet Galfridum Constantiensem Episcopum Baldewinum Abbatem Abbatem aeilsi Wifwoldum Abbatem Ivonem Taillebois Petrum de Valoniis Picotum Vicecomitum Telielum de Helium Hugonem de Hofdeng Gocelinum de norwloo plures alios Teste Rogere Bigot Ibid. p. 94. a. Willielmus Rex Anglorum Lanfranco Archiepiscopo Rogerio Comiti N. 4 Moritoniae Gaulfrido Constantiensi Episcopo salutem Mando vobis praecipio ut iterum faciatis congregari omnes Scyras quae interfuerunt placiâ—o habito de terris Ecclesiae Ecclesiae de Heli â—ntequam mea conjux in Normaniam novissime veniret cum quibus etiam sint de Baronibus meis qui competenter adesse poterint praedicto placito interfuerint qui terras ejusdem Ecclesiae tenent Quibus in unum congregatis eligantur plares de illis Anglis qui sciunt quomodo terrae jacebant praefatae Ecclesiae die qua Rex Edwardus obiit Et quod inde dixerint ibidem jurando testentur Quo facto restituantur Ecclesiae terrae quae in Dominico suo erant die obitus Edwardi exceptis his quas homines clamabant me sibi dedisse Illas vero literis mihi significate quae sint qui eas tenent Qui autem tenent Theinlandes quae procul dubio debent teneri de Ecclesia faciant concordiam cum Abbate quam meliorem poterint Et si noluerint terrae remaneant ad Ecclesiam Hoc quoque detenentibus Socam Sacam fiat Denique praecipite ut illi homines faciant pontem de Heli qui meo praecepto dispositione huc usque illum soliti sunt facere Willielmus Rex Anglorum Golfrido Episcopo Rodberto Comiti Moritoniae N. 5
his Court according to the lawful Câ—stomes and Statutes of the Kingdom or by the Kings Mandate and the like the Lord Iohn shall cause to be observed in his Lands and possessions and if any one presumes to do otherwise at the Request of the Earl he shall be punished or fined by the Arch-Bishop of Roven if in England and by the Justiciaries and such as have been sworn Conservators of the Peace and in like manner the Lord John shall punish and fine at their Request The New Castles which have been built or begun since the King went beyond Sea were to be Demolished nor any other to be raysed any where unless it should be thought fit to do it upon the Kings Demeasnes unless some famous person might do it by the Kings Command signified by his Brief or Letters or an unsuspected Messenger The Re-Scisin of the Sherifwic of Lincoln-Shire shall be given to Gerard de Camvill and the same Day he shall have a time set of standing to the Judgment of or appearing in the Kings Court and if it could be made appear he was to lose the Sherifwic of the Castle of Lincoln by the Judgment of the Kings Court he was to lose it if otherwise he was to keep it unless some other Agreement could be made Neither was the Lord John to protect him contrary to the Judgment of the Kings Court nor receive any Out-Laws nor any of the Kings Enemies which were named to him or permit them to be received in his Lands But if any one was accused of any forfeiture made to the King the Earl might lawfully receive him so long as he offered himself to stand Tryal in the Kings Court. The Earl and Chancellor putting their own hands within the hand of the Arch-Bishop of Roven gave security for the observation of this Agreement in good faith and without any evil Artifice and fourteen Barons of both parts sware the same On the Chancellors part the Earl of Arundel the Earl of Salisbury Earl Roger Bigod the Earl of Clare Walter Fitz-Robert William de Braiosa Roger Fitz-Rainfrai On the Earl's part Stephan Ridel his Chancellor William de Wenneval Robert de Mara Philip de Wirescestre William de Kahannes Gilbert Basset William Montacute and if any thing should be taken or intercepted by either party during the Truce it should be lawfully restored or Satisfaction given for it These things were done saving the Kings Authority and Command in all things yet so as if the King before his Return was not satisfied with this Agreement the Castles of Notingham and Tikehil should be delivered to the Lord John whatsoever the King should command concerning them Epistola Richardi Regis Angliae ad Alienor Reginam matrem suam ad Justitiarios suos Angliae Hoved. f. 413. a. n. 20. RIcharuds Dei gratia Rex Angliae Dux Normanniae et Aquitaniae N. 76 et Comes Andegaviae Alienor eadem gratia Reginae Angliae charissimae matri suae et Iustitiis suis et omnibus fidelibus suis per Angliam constitutis Salutem Notum sit Vniversitati vestrae quod postquam recesserunt a nobis dilecti nostri Hubertus venerabilis episcopus Saresbiriensis et Willielmus de Sanctae Mariae ecclesia protonotarius noster venit ad nos charissimus Cancellarius noster Willielmus Eliensis episcopus et eo inter Dominum Imperatorem et nos fideliter interloquente eo usque res pervenit quod de Castello de Trivellis in quo detinebamur obviam venimus Imperatori apud Hagenou ubi honorifice ab ipso Imperatore et tota Curia recepti fuimus Ibique Dominus Imperator et Domina Imperatrix nos magnis et variis muneribus honoraverunt et quod praecipuum est mutuum feodus amoris et indâ—ssolubile inter Dominum Imperatorem contractum est et nos Ita quod uterque nostrum alterum contra omnes viventes in jure suo obtinendo et retinendo juvare debet Honostè autem circa ipsum Imperatorem moram facimus donec ipsius et nostra negotia perficiantur et donec ei Septuaginta millia marcarum argenti solverimus Quare vos rogamus et in fide qua nobis tenemini adjuramus quatenus in hac pecunia perquirenda solliciti sitis et vos Iustitiarii nostri qui aliis in regno nostro praeestis exemplum aliis praebeatis ut ita honorificè et magnificè de proprio nobis subveniatis et etiam de his quae de aliis mutuo accipere poteritis et aliis fidelibus nostris exemplum detis similia faciendi Universum autem aurum et argentum Ecclesiarum diligenti Observatione et scripti testimonio ab ipsarum Ecclesiarum Praelatis accipiatis eisque per Sacramentum vestrum et aliorum Baronum nostrorum quos volueritis affirmetis quod eis plenarie restituentur Vniversorum etiam Baronum nostrorum obsides recipiatis ut cum fidelissimus Cancellaâ—ius noster quam cito peractis in Alemannia negotiis nostris in Anglia venerit eosdem obsides penes charissimam matrem nostram Reginam reperiat ut eos de quibus inter nos et Dominum Imperatorem convenit expedite possit ad nos transmittere ne liberatio nostra per absentiam obsidium nâ—gligentiam vestram moram patiatur Pecunia autem collecta similiter matri meae illis quibus ipsa voluerit tradatur Quem autem in necessitate nostra promptum inveniemus in suis necessitatibus amicum nos rereperiet remuneratorem gratiusque nobis erit si quis in absentia nostra in aliquo nobis subveniat quam si in praesentia nostra in duplo quis nobis subveniret Volumus autem ut singulorum Magnatum nomina subventiones quae praesentialiter fient per sigillum matris nostrae nobis significentur ut sciamus quantum unicuique in gratiarum actionibus teneamur Sciatis pro certo quòd si in Anglia in libera potestate nostra essemus constituti tantam vel majorem pecuniam Domino Imperatori daremus quam modo damus pro pactionibus consequendis quas per Dei gratiam consecuti sumus si etiam pecuniam non prae manibus haberemus proprium corpus nostrum Imperatori traderemus donec pecunia solverâ—tur antequam quod factum est relinqueretur imperfectum In bulla autem Domini Imperatoris aurea fert vobis Cancellarius noster praedictam testificationem Testibus nobis ipsis apud Hagennou 13 Cal. Maii. In mense Septembris missi sunt ex parte Regis per singulos Comitatus Angliae Justitiarii errantes N. 77 Hoved. f. 423â— a. n. 30. secundum subscriptorum formam capitulorum processerunt in justiciis exequendis Forma Procedendi in Placitis Coronae Regis IN primis eligendi sunt quatuor Milites de toto Comitatu Ibidem n. 40. qui per Sacramentum suum eligant duos Legales Milites de quolibet Hundredo N. 77 vel Wapentacco illi duo eligant super Sacramentum
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