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
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
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
Witness Roger Bishop of Salisbury William de Curcey and Adam de Port at Winchester In these times and for a Century or two of years afterwards the Trials for Lands and Goods in the * See the old Registers Leigers Couchers and Histories of the Great Monasteries Ely Bury Ramsey Abendon c. County * See the old Registers Leigers Couchers and Histories of the Great Monasteries Ely Bury Ramsey Abendon c. Hundred and Lords Courts were very considerable and for good Quantities of Land and the Suitors to the Hundred and County Courts were as considerable all Men especially of the Laity of what Quality soever within the Hundred ought their Attendance there as appears by this Writ Henricus [1] Monast Angl Vol. 3. f. 262. Col. 2. n. 50. Rex Angliae omnibus Baronibus Vavasoribus omnibus Dominis qui Terras Tenent in Well-Wapentach Salutem Praecipio quod omnes veniatis ad placitum Wapentachium Episcopi Lincoln quod de me tenet per summonitionem Ministrorum suorum Et facietis ei omnes Rectitudines consuetudines in omnibus Rebus quas ei debetis de Terris vestris ad illud VVapentachiumâ— ita bene plenarie sicut unquam plenius fecistis Roberto Episcopo vel alicui Antecessori suo quas juste facere debetis nisi feceritis ipse vos justiciet per pecuniam vestram donec faciatis ne perdam pecuniam meam quam Episcopus mihi inde reddere debet Teste Episcopo Sarum G. Canc. apud Fereham Henry King of England to all Barons Vavasors or Knights and Lords of Maners which hold Lands in Well-Wapentach Greeting I Command that you all come to the * The same with an Hundred VVapentach-Court of the Bishop of Lincoln which he holds of me at the summons of his Bailiffs and perform to him all Services and Customs in all things which are due to him from your Lands at that Court so well and fully as ever ye performed them to * Robert Bloet who died Jan. 10. A. D. 1122 Alexander succeeded him and was consecrated A. D. 1123. Jul. 22.23 Hen. 1. Robert the Bishop or any Antecessor of his and which ye ought justly to do and unless you perform them he shall Distrein your Goods until you do it lest I lose my Rent which the Bishop is to pay me for the VVapentach Witness the Bishop of Salisbury and G. the Chancellor at Fereham In the [2] Append. n. 34. eighteenth year of Henry the Third He by Advice of the Major part of the Bishops Earls and Barons Expounded the 35th Chapter of Magna Charta where there had been care taken about the keeping of the County Court Turns and Leets but not about Hundred or VVapentach Courts and Lords Courts In which Chapter there was a Clause That all were to have their Liberties they had or used in the time of King Henry his Grandfather And it having been proved before them that Hundreds and Wapentachs and Lords Courts were then holden every Forthnight which was thought too often and too great a trouble to the Suitors yet seeing the two Turns were not sufficient to preserve the Peace of the Nation nor to Correct the Injuries done to Rich and Poor which was part of the Business of the Hundred Courts it was provided that between the two Turns Hundreds and Wapentachs and the Courts of Great Men should be holden from three Weeks to three Weeks where before they had been holden once in a forthnight so as there should not be made a General Summons to those Hundreds Wapentachs and Great Mens Courts as there was to the Turns But there should only come to them the Plaintiffs and Defendents and those which * By their Tenures and held Lands by doing Suâ—t and Service at those Courts ought Suit to them That Trials might be dispatcht and Judgments made which are done by the Suiters unless in those Hundreds there ought to be Inquisition made of Pleas of the Crown as of the Death of a Man Treasure found and the like for the Inquiry to be made after them they should come with the Suiters all of four of the next Towns that were necessary to make such Inquisitions Notwithstanding this Provision the Attendance upon these Courts was thought a great burthen and trouble and therefore two years afterwards [3] Stat. of Merton c. 10. it was provided and granted That every Free-man that ought Suit to the County Trihing Hundred and Wapentach or to the Court of his Lord mighty freely make his Attorney to do those Suits for him So that this way the Great Men made a Law to excuse their Lands and selves from this Service and gave some small parcels of Land to some ordinary inconsiderable men to do this Drudgery for them Land then was the price of all things the very Houshold Servants had Land allowed them for their annual Wages Nor was that which is now accounted a wonderful Priviledge then thought any other than a vexation and trouble seeing many Knights and considerable Men purchased of the King Charters of Exemption from being Impannelled in Assises Juries and Enquests and these Exemptions were so frequent and so many [4] Stat. of Marlebridge c. 14. that they hindered the course of Justice and therefore there was a Law made to force them in several Cases to serve upon Juries and Enquests and at length when the small Barons or Tenants in Capite and Military Men began to grow poor and beggerly and had by Law [5] Magn. Chart. c. 32. leave to Alienate what part of their Estates they would leaving sufficient to perform the Services which belonged to the Fee they began to think of * History f. 6â—7 A. B. Representatives to save charges in going to and Attendance at Parlements and by several [6] See Glossary to my Introduction c. â— 62. c. c. undue Practises and Laws to force the trouble and vexation as it was then esteemed of serving and waiting at Assises Sessions and County Courts upon Men of mean Estates and meaner Understandings Parts and Abilities These Trials for Lands before the County and Hundreds are often to be seen in Domesday Book and in the old Registers Leigers or Couchers of great Monasteries as of Ely Ramsey Bury Abendon Glastonbury c. with the manner how they were recovered the Testimony of the County or Hundred and by such Jurors as most frequently knew the Matter of Fact The Great Matter of Inquiry then was Who had been possessed and who was possessed of the Land or Thing in Contention for by that they most frequently judged of Right For no Estate then passed by private Bargain only but there were some public Circumstances and Ceremonies performed which made the passing of Estates from one to another very notorious and especially those of Investiture or as it was called when much in use Livery or Seisin or when the Charts and Deeds of
Thomas in the Archbishoprick for there never was one of that name Archbishop but was his Antecessor in the Possession of the Soke of these ten Bovates of Land which Soke was Mortgaged or the Gage assigned to the Archbishop who was a Norman for three Pounds Ibidem Clamores in North-Treding Lincoliae In Limberge Clamat Ivo Tallebose super Regem vi Boxat Terrae Dicunt homines Comitatus quod ipse debet habere Terram Rex socam Very many more Pleas there are of Titles and for the Possession of Estates of different sorts before the Counties Hundreds Wapentacks Tredings or Trihings in the Conqueror's Survey but all between Normans and Normans or those and King William or between Bishops Religious and Ecclesiasticks and the King or Lay Normans who had seized Church-Lands and no Pleas of Titles between English Saxons or between them unless they were Church-men or Religious and Normans Nor no such fabulous Pleas as the pretended Plea of Sharnburn of which more afterwards From the Time of the Conqueror A Writ from William Rufus for assembling the County we proceed to the Reign of William Rufus and in the very beginning of it we find this Writ or Precept directed to the Sheriff of Northamptonshire [1.] Spelm. Gloss verb. Tain-land ex lib. de Rams Sect. 178. Willielmus Rex Angliae W. de * A Norman who came in with Conqu vid. Cataloge Cahaniis salutem Praecipio tibi ut facias convenire Shiram de Hamtonâ judicio ejus cognosce si Terra de Isham reddidit firmam Monachis Sancti Benedicti tempore patris mei si ita inventum fuerit si in Dominio Abbatis sit vero Tainlanda tunc fuisse invenietur qui eam tenet de Abbate teneat recognoscat Quod si noluerit eam Abbas in Dominio habeat vide ne clamor inde amplius ad nos redeat Teste (l) This was William de Carile former Bishop of Duresm and [4.] Malms de Gestis Reg. fol. 67. b. n. 30. Justiciary of England in the beginning of Rufus his Reign W. Episcopo Dunelm There is also another Precept of this King cited by the same learned Sir [2.] Glossar fol. 303. col 1. A Trihing Court Henry Spelman which runs thus Willielmus Rex Anglorum H. Camerario salutem facias convenire consedere tres Hundredas dimid apud (m) The place where the Hundred of Freebridge citra Lynn in Norfolk used to meet Flicchamburch propter Terram illam de Holm quae pertinet ad Ringstedam quam Abbas Ramesiae clamat ad victum vestitum Monachorum suorum si Abbas poterit respondere ratione Testimonio comprovincialium quod Antecessor illius eandem terram habuerit eâ die quâ pater meus fuit vivus mortuus Tunc praecipio ut illam Terram omnia quae justè pertinent ad Abbatiam suam pacificè honorificè habeat Teste (n) Roger Bigod was then neither Chancellor nor Justiciary of England but Earl of Norfolk in which County the Plea was held R. Bigod apud Wendesoriam To these may be added a Charter of Henry the First A Charter of Henry the First for holding County and Hundred Assemblies for the holding of County and Hundred Meetings published [5.] Glossar fol. 302. col 2. by the same Author Henricus Rex Anglorum (o) He was a Norman and Canon of Baieux made Bishop of [1.] Godw. de praes An. f. 509. Worcester 1097. Samsoni Episcopo (p) He is sometimes called Vrso de [2.] Doomes in Wircestreshire Wirecestre and sometimes Vrso [3.] Dugd. Baron f. 406. c. 2. Urso Vice-comes Vice-comes he being Hereditary Sheriff of Worcestershire came in with the Conqueror and had forty Hides of Land in Worcestershire besides two Lordships in Warwickshire and one in Glocestershire Vrsoni de Abitot omnibus (q) Barones here [4.] Vid. Spel. Gloss verbo Baro. are to be understood Milites such as held by Military-Service or Barones Minores Lords of Towns or Manners or perhaps Free-holders which if any then they were of better account before Town-ships Manners and Lands were parcelled but into small Divisions Baronibus Francis Anglicis de Wircestrescira salutem Sciatis quod concedo praecipio ut amodo comitatus mei [5.] Godw. de praes An. p. 233 Hundreda in illis locis eisdem Terminis sedeat sicut sederunt in Tempore Regis Edvardi non aliter Ego enim quando voluero faciam ea satis summoneri propter mea dominica necessaria ad voluntatem meam Et si quando exurgat placitum de divisione Terrarum Si interest (r) Noble men the King's Barons such as held immediately of him Barones meos Dominicos tractetur placitum in curiâ mâ—â si inter s Vavasores duorum Dominorum tractetur in comitatu hoc duello fiat nisi in eis remanserit Et volo praecipio ut omnes de comitatu eant ad comitatum Hundreda sicut fecerunt T. R. E. nec ramaneant propter aliquam causam pacem meam vel quietudinem here wants non habebunt I guess qui non sequuntur placita mea Judicia mea sicut tunc Temporis fecissent Teste R. (t) Richard de Beaumes a Norman consecrated 5. 1108. Episcopo Londinensi R. Episcopo Ranulpho Cancellario R. Comite de Mellent apud Radinge Henry the First reserves a Power for his own business to convâ—ne the County or Hundred at pleasure And reserves the Controversies of his great Barons to his own Court Here Henry the First reserves a Power of convening the Hundred and County when he pleased for his own proper Business And also reserves the Controversies of the great Barons that held immediately of him to be agitated in his own Court permitting the Trials between the Vavasors or greater Tenents of two mean Lords to the County This method of deciding Controversies and Variances was in use in Henry the Second's Reign as appears by this [6.] Dugd Orig Jurisd fol. 23. col 2. Writ (u) He was * Gul. Pictav 202. c. Son of Roger de Bellomont [6.] Gemet 3â—2 A. B. Robert Earl of Leicester who he was Grandson to Turolf of Pont Adomar by Weva Sister to Gunnora first Concubine then Wife to Richard the First Duke of Normandy Great Grandfather to the Conqueror Robertus comes Legecestriae priori de Ely Salutem Praecipio quod sine dilatione teneas plenum rectum Humfrido filio Gaufridi de terrâ Dunnigeland nisi sit feodum Militis nisi remaneat pro Assiza Regis Et nisi feceris Episcopus de Ely faciat nisi fecerit ego faciam Here the Earl of Leicester commands the Prior of Ely to do the Demandment right in his Court which was probably a Court Baron if not the Bishop should in his Superior
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
says That the King by Edict commanded a meeting of the Bishops Abbats and Principes or chief Men of the Kingdom at Salisbury on the Twentieth of March that he might make his Son William Heir of the Kingdom and secure the Title to him The Princes or Chief Laymen knowing the Kings mind readily did Homage and Swear Fealty to him The Arch-Bishop of Canterbury and other Bishops and Abbats Swore That if he should out-live his Father they would laying aside all claims whatsoever put him in possession of the Crown and Kingdom and that when he should be King they would faithfully do him Homage Malmsbury [2.] F. 93. a. n. 30 40. All the Military Tenents in England compelled to do Homage to Prince William declareth this Transaction more fully affirming That all the Freemen of England and Normandy of whatsoever Order or Dignity or to what Lord soever they were Vassals or Tenents were compelled to do Homage and Swear Fealty to William the Son of King Henry and Queen Maude She died the [3.] Ord. fol. 843. B. Anno Domini 1118. First of May and was buried at Westminster and on the Ninth of June following died [4.] Ibidem Robert Earl of Mellent King Henry's great Counsellor It is said before that Almeric de Monteforti was Sisters Son and Heir to William Earl of Eureux who now again demands [5.] Ibid. C. A new War in Normandy many Noblemen Conspire to set up William Son to Duke Robert of the King that Earldom which he utterly denied to grant him by the Advice of Audin Bishop of that City He therefore took Arms against the King and excited almost all France to do the like The Governor of Eureux William Pointel delivered the City to him and the Bishop with his Clerks and Vassals were forced to flee from thence There joyned with him Robert de Gournay Stephen Earl of Albamarle Eustachius of Breteul Richard de Aquila Robert de Newburgh and many others who rose up against Henry and endeavoured to Establish William the Son of Duke Robert in his Fathers Estate [6.] Ibid. D. With these also joyned Baldwin Earl of Flanders who entred that part of Normandy called Tellau and burnt many Towns of whose Flames the King and his Normans were Spectators he fortified Bures and because he suspected most of the Normans he put a great Garison of Stipendiary Britans and English into it Baldwin comes before it provokes the Garison to fight where he was wounded and some time after died of his Wounds and without Issue They [7.] Ib. f. 844. D. 845. C. received likewise Assistance from the King of France and Duke of Anjou on both sides they plundered the Country took and burnt Castles and Towns On the Nones [8.] Ibid. fol. 846. B. C. A great Council at Rouen or Fifth of October there was a Council summoned at Rouen there King Henry Treated of the Peace of the Kingdom with Ralph Arch-Bishop of Canterbury and the other Barons he had called together There Geofry Arch-Bishop of Rouen spake about the State of the Church with his four Suffragan Bishops Richard of Baieux John of Lisieux Turgis of Auranches and Roger of Constance and with many Abbats Serlo Bishop of Seez was not at this Council being excused by reason of his Age and Infirmity and Audin Bishop of Eureux excused himself as being employed against the Common Enemies of the Country The War still continued in [9.] Ibid. fol. 848. B. C. The War continues in Normandy Normandy and every day almost brought the King news of some considerable Norman or Castellan revolting from him amongst whom Eustachius de Breteul an Illegitimate Son of William Earl of that place was one who had Married Julian one of King Henry's Natural Daughters he demanded great things of his Father in Law and because he would not grant them he fortified four Castles against him [1.] Ibid. fol. 850. A. Anno Domini 1119. Yet some repenting of what they had done came and submitted to the King and made their Peace with him The first was Robert Son of Ascelin Goell whose example many followed The King sent to Almaric offered him his Earldom of Eureux and invited him to accept of his favour but he refused it [2.] Ibid. fol. 851. A. The Adherents to King Henry were English Barons of Norman Extraction The Optimates or great Men which faithfully adhered to the King were Richard Earl of Chester Ralph de Conches William de Warrenna William de Rolmara William de Tancardi-villa Ralph de Sancto Victore Walter Giffart Nigell de Albiney and his Brother William and the Sons of Robert Earl of Mellent Waleran and Robert In the Month of [3.] Ibid. B. Peace concluded Prince William Marries the Earl of Anjou's Daughter May this year Prince William came from England into Normandy much to the joy of his Father who sent Mediators for Peace to Fulke Earl of Anjou and invited him kindly to his Court after the Peace was concluded between them And in the Month of June [4.] Ibid. C. the Prince was Married at Lisieux to the Earls Daughter and then the King by the Mediation of the Earl received into favour William Talvace the Son of Robert de Belism and restored to him all his Fathers Estate in Normandy After this [5.] Ibid. D. King Henry burns the Towns and Castles of his Enemies Henry marched up and down Normandy to revenge himself upon his Enemies and burnt their Castles and Towns He besieged Eureux and after he had [6.] Ibid. fol. 852. B. C. burnt that Town and the Cathedral took it While both Fire and Sword raged in the bowels of Normandy the King of France invaded it [7.] Ibid. fol. 853. C. The King of France invades Normandy on that side toward France and came as far as Audely upon the River Seyn and wished he could meet the King of England in the open Field who hearing of it gave him his desire and marching towards him came into the Plain of [8.] Ibid. fol. 854. A. The Battle of Brenivill Brenivill near the Mountain Guarclive with 500 Horse amongst whom were the Kings two Natural Sons Robert and Richard excellent Soldiers and three Earls Henry of Ou William de Warrenna and Walter Giffard and many others of great Note Edward of Salisbury carried the Banner [9.] Ibidem B. C. D. Lewis of France seeing what he had long wished for drew out 400 Horse and amongst them was William Duke Roberts Son engaged that he might deliver his Father from Prison and recover his ancient Inheritance There were also Matthew Earl of Beaumont Guido Earl of Clarmont Otmond de Chaumont William de Guarlanda General of France Peter de Manley Philip de Mont-Bray Burchard de Montmorency Baldric de Bray William Crispin The French are beaten and many other Normans They joyn Battle the French are beaten and lose 140 Horse Guido Otmund Burchard and
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
in England the King of France recalled the young King and Earl of Flanders from the Sea Coast and with a great Army besieged Roven but prevailed little against it for the Barons and Knights of Normandy that heartily loved Henry the Father put themselves into the City and courageously defended it This news coming to King Henry the elder his Affairs in England being in a great measure setled with great speed he went to Portsmouth and on the Eighth of August being Friday landed at Barfleu in Normandy and carried with him his Brabanters and One thousand Welsh With him he also carried William King of Scots the Earls of Leycester and Chester and first imprisoned them at Caen and afterward at Falais On Sunday next he came to Roven the next Morning early he sent the Welsh beyond the River Seyn to search the Woods on that side of the Town where the King of France was with his Army they met with forty Waggons laded with Wine and Victuals from France The Welsh take a French Convoy of Wine and Victuals the Drivers and Convoy fled the Welsh pursued and took some and killed others and returning to their Prize they broke the Waggons and staved the Wine Vessels leading away the Horses The Report whereof coming to the King of France and his Army they thought of nothing but slight The King of England in the mean time cleared the Gates the Citizens had stopped up and marching out filled up the Ditch which was drawn between the King of France his Army and the City The King of France then Commanded That his Stone-Casting and other Warlike Engines should be broken and burnt He also Commanded his Soldiers to Arm. The King of England came up to his Tents with his Soldiers or Knights and their Servants and the King of France his Knights and Servants or Esquires came out of their Tents and charged furiously the English The English beat the French who took and wounded many of them and killed most of their Horses Next Morning William Arch-Bishop of Sens and Theobald Earl of Blois came to the King of England and asked Leave that the King of France might safely Retreat with his Army to Malhauny The Siege raised upon Condition he came next day to Treat with the King of England and that he should do so they both obliged themselves by their Faiths and Oaths and so the King of France departed with his Army to the place appointed and there staid but about Midnight The King of France regards not his Promise An. Do. 1174. he privately caused his Soldiers to march and they halted not until they came into France not regarding the Faith and Oaths of the Arch-Bishop or Earl by which for his advantage they had obliged themselves This Retreat of the King of France happened on the Fourteenth of August On the day following the Arch-Bishop and Earl came again [4.] Ibidem p. 58. b. p. 59. a. to King Henry the Father and propounded a * Colloquium That was the word as much used in the old Historians French and English as Concilium was for a Parliament Richard Earl of Poictou Rebels against his Father He flies before his Father and leaves his Castles and Fortresses He casts himself at his Fathers Feet and begs Pardon Conference or Treaty between him and the King of France at Gisers upon the Feast of the Nativity of the Virgin Mary or Eighth of September at which time they met but could not agree but appointed another Colloquium or Treaty on Michaelmass-day between Tours and Ambois upon Condition that the King of England the mean while might march into Poictou to subdue his Son Richard they swearing That neither the King of France nor the youg King nor any for them or on their Party should give or send him Relief When he came into Poictou his Son Richard dare not stand him but fled from every place where he thought he would come and relinquished the Castles and Fortresses he had formerly taken and when he heard the King of France and his Brother had made Truce with the King his Father and excluded him he was mightily troubled and came weeping and cast himself at his Fathers Feet and asked his Pardon He moved with Paternal Compassion received him into favour and kissed him [5.] Ibidem p. 59. a. Hoved. f. 309. a. n. 30 40 50. Who forgives him This Peace was made between his Father and him on the Twenty third of September Richard went with his Father to meet the King of France and his Brother that he might inform them what he had done On Michaelmass-day all Parties met between Tours and Ambois according to Agreement and the day following the young King and his Brothers All his Rebellious Sons submit to his Mercy according to the Advice of the King of France submitted themselves to their Fathers Mercy and made with him Articles of Peace and confirmed them with their Seals I. The young King [6.] Append. n. 35. Articles of Peace between old King Henry and his Sons Henry and his Brothers Richard and Geofry should return to the Obedience of their Father notwithstanding any Oaths of which they were to be absolved they had made between themselves or with others against him or his Men. II. That all their Men Tenents in Military Service or such as had otherwise done Homage to them and Barons such as held immediately of them their Baronies that had for their sakes receded from the Fidelity they ought to their Father were by them to be freed and acquitted from the obligation of such Oaths and Covenants they had made with them and so were to return into the Homage and Allegiance of their Lord the King III. The King his Men and Barons were to re-have and possess all their Lands Castles c. which they had fifteen days before the Rupture between Father and Sons Likewise the Kings Barons and Men that left him and followed his Sons were to have again all their Lands they had at the same time IV. The King the Father remitted all Evil Will towards his Barons and Men which left him so as for that he would do them no Evil so long as they served him faithfully as their Liege Lord. The like the young King remitted to all Clerks and Laicks which were in his Fathers Service and gave Security he would not procure their hart or damage in his whole Life V. By this Concord the King was to give his Son Henry two convenient Castles in Normandy by his own appointment and 15000 l. yearly of Anjou Money To his Son Richard two convenient Receptacles or Places of Receit in Poictou so as no damage might accrue to his Father from them and in Money half the Revenue of Poictou To his Son Geofry he gave in Money half the Fortune or Revenue he was to have by his Marriage of Earl Conans Daughter and after he was Married to her by Consent of
laudably and learnt the Wisdom of this World by which afterwards he knew well how to transact the Common affairs of the Church of England and the public business of the Kingdom or secular Government Reversus receptus in partem Sollicitudinis Reipublicae Londinensis vicecomitum Clericus rationalis effectus jam ibi laudabiliter se habens didicit prudentiam hujus Lucis [6] Ib. Col. 2. Qua postmodum probe noverat Communia Ecclesiae Anglorum publica totius Regni egregie magnificè tractare negotia He [7] Ibidem How he was brought to the knowledge of Arch-Bishop Theobald was brought to the knowledge of Theobald Archbishop of Canterbury by two Brethren of Bologn Baldwin Archdeacon and Master Eustachius oftentimes his Fathers Guests and of the Retinue and acquaintance of the Arch-Bishop [8] p. 2. Col 2. By him he was imployed to Rome who sent him several times to Rome upon business concerning the English Church where he was in great favor with the Popes and great Officers of the Roman Church The [9] Ibidem p. 3. Col. 1. His first Preserment first Preferment he had was the Church of St. Mary in the Strand which stood I think where Somerset House is now built given him by the Bishop of Worcester then the Church of Otford given him by the Arch-Bishop Then he was made Prebend of St. Pauls London He went to Bononia and Auxerre and studied Law and also Prebend of Lincoln By leave of the Arch-Bishop he passed the Sea and Studied the Laws one year at Bononia in Italy and afterwards at Auxerre in France In process of time the Arch-Bishop ordained him Deacon and made him Arch-Deacon of Canterbury who was then after Bishops and Abbats the first and best Clergy man in England the Arch-Deaconry being worth to him one Hundred Pounds of Silver by the Year By the [1] Ibidem p. 5. Col. 1. He is made Chancellor His Popularity His Enterteinment and the manner of it mediation and procurement of the Arch-Bishop and the Bishop of Winchester he was made Chancellor and proved mightily popular His 2 House and Table was common to all Indigent persons of whatsoever order coming to Court There was scarce a day passed but he Eat with Earls and Barons which he himself invited he commanded his Roâ—ms of Entertainment should every day be strewed with fresh straw or hey in Winter and with fresh Rushes or green grass or leaves in Summer That the multitude of Knigts or Military men the Seats could not receive might sit down upon a clean floor lest their fine Cloaths and shirts might be Spotted and Sullied with the Dirt or Dust The [3] Ib. Col. 2. p. 6. Col. 1. The Kings and Noblemens Sons Committed to his Education Great men of England and Neighbour Kingdoms sent their Sons to serve him from whom they received ingenuous Education and were often Knighted and sent back to their Parents with honor The King himself placed his Eldest Son with him and recommended him to his Education whom with many of the Sons of Noblemen and their Retinue their Masters or Tutors and proper Servants he had alwaies with him and treated them with all due honor To him [4] Ib. Col. 2. p. 7. Col. 1. Noblemen and Knights without number did Homage which he received saving their Faith to the King Cancellario Hamonagium infiniti Nobiles Milites faciebant * 't is Homagium in Quadrilogus He receives homage of Noblemen c His Bounty and Liberality Quos ipse salba side Domini Regis recipiebat There was scarce a day in which he did not give some large boons as Horses Hawks rich Cloathes Gold or Silver utensils or money And his Liberality and bounty was such that he became the love and delight of all Europe and was most acceptable to the King Clergy Military men and people Regi Clero [6] Militia here signifies Tenents in Capite Earls Barons Knights and other Military men as it alwaies doth in old Historians Militiae populo erat acceptissimus Thus he behaved himself in Peace let us see what he did in War In the [7] Ib. p. 8. Col 2. His great Retinue Army and Siege of Tholose when all England Normandy Anjou Britany Poicton and Scotland furnished out Soldiers to the King The Chancellor had a chosen number of Seven Hundred Knights of his own Family or Forces See more of this matter in the Reign of this King f. 302. E. After [8] Ib. p. 10. Col. 1. Col. 2. He is made Arch-Bishop of Canterbury A. D. 1162. The See of London was then void Gervas Dor. Col. 1669. n. 20. the Death of Theobald the King being confident he would serve and obey him according to his will and pleasure as when he was Chancellor resolved to preferre him to the Arch-Bishoprick To which he was unanimously chosen by the Suffragans of his Province and in the year of our Lord 1162. in the Octaves of Pentecost on the Feast Day of holy Trinity in the Metropolitan Church in the presence of all the Suffragan Bishops was presented to the Church of Canterbury by Henry Son and Heir of King Hen. 2d and by Richard de Luci and other great men of England on behalf of the King then beyond Sea and was ordained by Henry Bishop of Winchester and Pope Alexander the 3d. sent him a pall by his Clerc or Chaplain John of Salisbury afterwards Bishop of Chartres in France and well known by the name of Ivo Carnotensis Hoveden says King Henry gave him the Arch-Bishoprick [9] f. 282. a. n. 20. Anno ab incarnatione Domini 1162. Hen. Rex dedit Tho. Cancellario Archiepiscopatum Cantuariae That is named him or gave him a Conge Destire After he was consecrated [1] Ib. p. 11 12 13. After his Consecration he changed his manner of living and proved Disobedient to the King Arch-Bishop he became another man put on a severe and rigid Monks Habit lived an austere life and altered chose and ordered his family accordingly and contrary to the Kings hope and expectation he withdrew himself from the Kings obedience and service and contradicted him in many things [2] Ib. p. 14. Col. 1. Postquam Rex Archiepiscopum fecerat a suo se retraxit obsequio in pluribus contradixit Some [3] Ibidem The Kings mind alienated from the Arch Bishop Court Clercs and Bishops about the King who fearing the Titles of their Preferments and the Arch-Bishops power perswaded him that if it should go on his power must come to nothing and unless he provided for the security of himself and Heirs he should at any time be King whom the Clergy would choose and he should Reign as long as the Arch-Bishop pleased [4] Ib. Col. 2. This saith mine Author was the first cause of the Kings displeasure against him It [5] Ibidem The Kings displeasure
the King of France 24000 Marks Father ingaged to pay him and so obteined his Love and Favor And the King of France Restored unto him all things which he had taken from his Father in the last War as well Castles as Cities and Fortresses Towns and Lands While he remained in Normandy His Mother Queen Alienor released Prisoners his Mother Queen Alienor went from City to City and from Castle to Castle as she pleased and sent Commissioners into all Counties for the Releasing of Prisoners for the Soul of her Lord Henry having learnt from her own Experience what Afflictions Prisons were * F. 152. n. 20. Mat. Paris says she had been closely imprisoned by her Husband Sixteen Years and now her Son gave her leave to Direct and Order the Nation as she pleased in his absence She Commanded [4] Ibid. n. 30. What sort of Prisoners were released by Precept from the Duke her Son That all who were taken for Trespass in Forests should be set at Liberty and all that were Out-lawed for any thing done in Forests might return free and acquitted from all Forfeitures That all such as had been taken and restrained upon the Kings Will and Pleasure or upon the Will and Pleasure of his Justice and were not imprisoned by the Common Accusation of the County or Hundred or upon an Appeal should be Released And such of Those as were accused by the County or Hundred that could find Sureties for their Appearance and Tryal if they were prosecuted should be set at Liberty Those also that were Imprisoned upon an Appeal for any Heinous Crime if they had Sureties might be at Liberty And all such as were Out-lawed upon Accusations upon Common Fame might return and give Security to stand Tryal and such as were Out-lawed upon Appeal if they could make Peace with their Adversaries might be free All those that were Appealed by such as confessed themselves Malefactors Qui se Malefactores Cognoscunt were Released And those Malefactors who had their Lives and Limbs given them for their Appealing others were to Abjure the Realm and Depart And such Malefactors who voluntarily Appealed others without a Pardon for their Lives and loss of Limbs were to be kept in Prison until further Consideration After which she Commanded [5] Ibid. n. 50. The Oath of Fidelity taken by all Freemen That every Freeman of the whole Kingdom or Government should swear Et praecepit Quod unusquisque liberorum hominum totius Regni juraret That he would bear Faith to Richard King of England the Son of King Henry and Queen Alienor for the Preservation of their Lives and Limbs and their Terrene Honor Quod fidem portabit Domino Richardo Regi Angliae filio Domini Regis Henrici Dominae Alienorae Râ—ginae de vita membris suis honore terreno As to their Liege Lord against all Men and Women that could Live and Dye sicut ligio Domino suo contra omnes homines foeminas Qui vivere possunt Mori and That they would be obedient to his Laws and would assist him in all things for the Conservation of his Peace and Justice Et quod ii Justiciabiles erunt auxilium ei praestabunt ad pacem Justiciam suam per omnia Servandam The Duke [6] Ibid. b. lin 2. He restores Robert Earl of Leicester to his Estate c. returned to Robert Earl of Leicester all his Lands which his father had taken from him and all those his Father had disinherited he restored to their former rights He hated all those Clercs and Laics which left his Father and adhered to him and turned them out of their Offices or Services but such as served his Father faithfully he reteined and inriched them by his Bounty On the 13th of [7] Ibid. n. 10. August he came to Barbeâ—let now Barâ—leur and sent before him Walter Archbishop of Roven Henry Bishop of Bayeux and Iohn Bishop of Eureux Baldwin Archbishop of Canterbury Gilbert Bishop of Rochester and Hugh and Hugh Bishops of Lincoln and Chester He comes into England and presently with his Brother Iohn followed them into England and landed them at Portsmouth [8] Ibid. n. 20.30 His great Bounty to his Brother John To whom he gave the Earldom of Moreton in Normandy the Earldoms of Cornwal Dorset Somerset Notingham Derby and Lancashires with the Castles of Marleburgh and Ludgarshal with their Forests and all Appurtenances The Castles de Pec and Bolsover yet the Duke kept in each County some Castles and Honors He also gave Earl John the Honors of Walingford Tikhil and Haye and likewise the Daughter and Co-Heir of the Earl of Glocester with that Earldom He gave to William Mareschal the Daughter and Heir of Richard Earl of Striguil and with her that Earldom While [9] Ibid. n. 50. The Bishop of Ely's Estate came to him he dying Intestate the King and his Court were at Winchester Geofry Bishop of Ely Died there Intestate the 21st of September and the King seized his Estate which amounted to * This in those Days was accounted a vast Estate 3000 Marks in Silver and 200 Marks in Gold besides his Vessels Jewels and Gold At that time he caused his Bishops Earls and Barons to look into his Fathers [1] Ibid. f. 374. a. lin 1. His Fathers Treasure of great value Treasuries where they found great Sums which according to Tale and Weight much exceeded 100000 Marks [2] F. 152. n. 40. Winchester then was the Kings Treasury He makes choice of Ships for his Expedition into the Holy Land Mat. Paris says there were found above 900000 Pounds in Gold and Silver besides Vtensis Jewels and Precious Stones Having taken an Account of his Fathers Treasure he sent his Officers and Bayliffs to all the Sea-Ports in England Normandy Poictou and his other Dominions to make Choice of the Ships of greatest Burthen and caused them to be Victualled Armed and Furnished for his Expedition into the Holy Land according to his Agreement with [3] See here f. 348. F. the King of France From Winchester he came to London and there was [4] Hoved. f. 374. a n. 10.20 His Magnificent Coronation Crowned at Westminster on the Third of September by Baldwin Archbishop of Canterbury It was a Magnificent and Splendid Coronation in the presence of the Bishops Earls Barons and Great Men of the Kingdom a Narrative whereof the Reader may find in Hoveden and Matthew [5] F. 153. n. 10 20 30. c. Paris who related it from him also in Iohn Brompton who * Col. 1157.1158 1159. transcribed it verbatim from Paris and may find it Translated in Mr. Sandford's Genealogical History of the Kings of England Fol. 74. At his Coronation he [6] Hoved. ut supra n. 50. His Coronation Oath Sware he would keep Peace Honour and Reverence to God Holy Church and the Clergy all Days of his Life Juravit quod
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
was let out to Country-Men or Villagers aegder of Thegnes inland ge of Neatland either of the Lords or Thanes Inland or Demeasnes or the Country-Mans Villagers or Villans Land Gafolland Neatland and Vtland as Mr. [8.] Gavelk p. 14.115 Spelm. Gloss in verbo Somner truly informs us were opposed to Inland or Demeasne Lands and were Lands granted out for Rent or Service or both and reducible to Folkland and 't is very probable they were the same or of the same nature for that in the Laws where they are mentioned it appears they were always occupied by Ceorls Churls Country-men The Names of ordinary People Colons or Clowns by Gebures Boors Rustic's Plough or Husbandmen or by Neates and Geneates Drudges Villanes or Villagers These three Saxon words being almost of the same signification though very different in sound were always applied to the ordinary sort of People called by us Folke at this day [9.] Gavelk ut supra Saxon Lands held by Military-Service Inland he thinks to be the same with Bockland or at least of the same condition or reducible to it Yet besides these Lands there were other Lands also which were holden by Military or Knights-Service called then Feoda or Beneficia Fees or Benefices Such were the Feudal-Lands of Ealdormen Thanes and less Thanes or as they were afterwards called Valvasors which they had of the King's Gift for personal Attendances Military Services or as Governors of Provinces Counties or Towns for which see Selden's Titles of Honor Part. 2. c. 5. n. 3 4. and that there were such Lands as well in the hands of the Lower sort of the Nobless and Gentlemen as of the greater Noblemen is further clear by undeniable testimony from the Saxon Laws and Doomesday * Legalis Homo or Militaris Homo the Judicious Dugdale thinks Sithesocha signifies Curia libera legalium hominum or Militarium hominum a Court of Military or Legal-Men but perhaps the word may more aptly be translated the Court-Liberty or Jurisdiction of a Sithe Gesithe or Sitheman in such part of a County like our Hundreds where also he had a Military-Power to lead the People out to War as appears by the Saxon-Laws and might be then Captain That yle man haebbe aet thaer Sylh Twegen pel gehorsaede men Ll. Aethelstan c. 16. Every Man for a Plough shall have two well-furnished Horsemen They who were to find these Men had the Land given them for that purpose for 't is not to be thought that a Country-Man that paid any considerable Rent could do it If a (a) A Sithcundman what he was Mr. Somner in his Glossary derives this word from Sith or Gesith Comes vel Socius a Ruler or Governor and Cund Kind as it signifies the condition and quality of any one and Mon Man that is a kind or sort of Comes Governor Judge or Praefect He was esteemed equal to a Thane by the valuation of his Life in Aâ—thelstane's Laws Sithcund-Man refused his Service in the Army or a Military Expedition he Forfeited his Land c. Ll. Inae c. 52. Now we do not read of Land any where forfeited in such case unless it be Feudal Land and such as was given by a great Person Lord or Signior to his Vassal or Feudatarie for the performance of the Military Service agreed on between them Again if any Man was killed fighting in Battel by or in the presence of his Lord or Patron his Heirs succeeded in Lands and Goods without paying an (c) De weris where they are both equally valued at 2000 Thrymsas Thrymsa or Groates Thrymsa not being 3 Shillings as Lambard Interprets it but only a corruption of the Latin Tremissis which often occurs in the German Laws and was the third part of a Shilling or 4 d. Ll. Alaman Tit. 6. §. 3. Saiga autem est quarta pars Tremissis hoc est denarius unus Tremissis est tertia pars solidi sunt denarii quatuor the Germans sometimes reckoned the values of their Goods by Tremisses optimus bos 5 Tremisses valet medianus 4. Ll. Alaman Tit. 27. and so frequently in the Laws of the West-Goths The Office of a Sithcundman His Office or Place of Trust seems to have been the same or much like that of a Centgrave or Hundredarie for many small Territories or parts of Counties which we now call Hundreds were antiently reteining the Saxon expressions called Sithesocks as the Hundreds of Knightlowe Kineton and Hemlingford in Warwickshire were 16 Hen. Secundi called Sithesocha de Cnutchlelawa Sithesocha de Chinton Sithesocha de Humliford Dugdale's Antiq. Warwickshire fol. 2. col 2. fol. 297. col 1. fol. 636. col 1. Soke being interpreted a Court Liberty or Jurisdiction where Pleas were holden and Sithe Gesithe Sitheman See Lageman in Glossar or Sithcundman Heregeat or Heriot Ll. Canut c. 75. which word Heregate or Heriot Brompton expounds by Relevatio a Reliefe col 931. and so likewise it is turned in Edward the Confessor's Laws where we have this very Law cap. 35. Tit. de Heretochiis And these Heregeats Heriot and Reliefe the same or Hereots Ll. Canut c. 69. were certain Arguments of Feudal Lands or Tenures in Military or Knights-Service They being due to the Lord or Patron upon the death of his Vassal and besides Horses and Money consisted in certain Warlike Instruments and Furniture given up and brought into the Lords Armory there to remain for his use and defence when there was occasion An Earls Heriot The Earls Heregeat was 8 Horses 4 Sadled 4 Vnsadled 4 Helmets 4 Coates of Maile 8 Spears as many Sheilds 4 Swords and 200 Marks in Gold which payment in Money I take to be the Reliefe rather for the Earldom that differing from the Heriot or Heregeat as Sir Hen. Spelman Mr. Somner and others do in their Interpretation of those words tell us The Heregeates or Military preparations of the King's Thanes or Barons Middle Thanes and Lower Thanes all Military Men of inferior degrees follow in proportionable order for which see the Law above-mention'd From these we proceed to the Laws of Edward the Confessor in which if their Credit be as great as their Fame the Tenures by Knights or Military-Service is fully and clearly set forth and described Ll. 35. Tit. De Greve All Freemen of the whole Kingdom according to their Estates Goods and Possessions and according to their Fees and Tenements ought to have Arms and keep them ready for the defence of the Kingdom and Service of their Lords as the King shall command And Moreover Birtrick the Rich Saxons Will A Rich Saxon gave Money to have his Will confirmed In a Rebellion of Earl Godwin and his Sons against the same King he and his Son Harold were commanded Servitium Militum quos habebant in Anglia Regi contradere To deliver up or pass over to the King all their Military or Knights-Services they had in England Malmâ— fol. 46.
with 160 Ships to whom the Traytor Edric joyns himself with forty Ships more against whom Ethelred raises a vast Army but being told it would betray him dismissed it and retired to London His Son Edmund called Ironside with Vctred Duke of Northumberland wasting some Countries whilst Cnute destroyed others Vctred compelled by necessity submitted and gave Hostages notwithstanding which he was slain and Hoic made Earl of Northumberland Edmund returned to London to his Father Ibidem and Cnute was coming toward it with his Fleet Ethelred dies but before he arrived Ethelred died Cnute Edmund Ironside A. D. 1016. In the year 1009. and about the Thirtieth of this King Spelman thinks he called a Council of all his great and wise men at Aenham at the instance of Aelfeage Archbishop of Canterbury and Wulstan Archbishop of York A Council at Aenhâ—m A. D. 1009. Spelm. con fol. 511 c. Ibid. c. 2. c. 6. c. 19. Canons against Priests Marriage wherein many Ecclesiastick and Secular Laws were either made or confirmed among which these three were not very usual That Priests should not Marry it being the Custom then for them to have two or three Wives That (q) Gualdas Cambrensis reports it was the Custom and common Vice of the English in time of Peace to sell their Children and Kinred into Ireland for Slaves although not urged to it by Want or Necessity and the Northumbrians not under pretence of Necessity but for meer Profit were wont to sell Children none should be sold out of their Country especially to a Pagan That Widdows should remain so for twelve months after their Husbands death Other Laws were made for preservation of the Peace correction of false Money and bringing Weights and Measures to a just Rule Against the sale of men c. C. 22. C. 23. Here were also ordained Naval Laws That a Fleet should be ready and equipped every year as soon as might be after Easter for the Defence of the Kingdom If any man did injury to any Ship designed for this Expedition he was to repair the Dammage But if any one destroyed a Ship he was to pay the full value of it and be punished as for Treason or an affront done to the King Plenam Luito Injuriam laesam praeterea majestatem FORGYLDE HIT FVLLICE and CYNING THONNE MVNDBRICE Hoveden A. D. 1016. fol. 219. a. Flor. Wigorn. A. D. 1017. The Bishops Abbats and many of the Nobility elect Cnute their K. and abjure the Saxon Race The Citizens and Nobility at London set up Edmond Ironside Ethelred having finished his Life and miserable Reign the Bishops Abbats and many of the Nobility assembling together or as others being summoned by him meet at London elected Cnute their King and going to Southampton where he then was renounced before him all the Race of Ethelred and sware unto him Fidelity and he also sware to them that in matters both Secular and Religious he would be their faithful Lord but the Nobility which staid at London together with the Citizens chose Edmond called Ironside the eldest Son of Ethelred then living by his first Wife he going with all speed to the West-Saxons was received by them with great Demonstration of Joy In the mean time Cnute coming to London with his Fleet caused a great Cut or Ditch to be made in the South part of Thames and laid up his Ships West of the Bridge compassed the City with a wide and deep Ditch Cnute besiegeth London closely besieged it so as none could pass out or in He quits the Siege Ashdown Battel and often assailed it but was as stoutly repulsed by the Defendents wherefore for that time quitting the Siege and leaving part of his Forces to defend his Ships with the other he swiftly passed into West-Saxony before Edmond had raised an Army who yet with such Forces as he had ready Hibern expug c. 18. It was a common Custom of the English to sell their Children Malms de gest R. R. lib. 1. c. 3. Ibid. l. 2. c. 11. fol. 4â— a. Cnute builds Churches and Monasteries in many places to expiate the Blood spilt there Ibid. l. 2. c. 10. boldly sets upon them and by Gods help puts them to flight Not long after being recruited and receiving more strength he fought the Danes the second or third time some report at (r) A Town in Essex in Rocheford Hundred near Ralegh where Cnute built a Church to expiate the blood spilt there as he did in all other places where he fought building of Churches and Monasteries being then a common way of satisfaction for great Persons for Blood Murther and all manner of wickedness Ashdown or Assingdon others at other places But in the last Battel where-ever it was by the Treachery of Edric who revolted to the Danes with what Forces he could when he saw the Victory inclining to the English Edmund was totally defeated and the flower of the English Nobility cut off Edric's Treachery Huntingd. A. D. 1016. Fol. 208. The flower of the English Nobility destroyed Ibidem here perished noble Duke Ednod Duke Alsric Duke Godwin and the brave Vlfketel Duke of the East-Angles and many more gallant English after this great Victory Cnute took London and the Royal Scepter Edmund with the Remains of his Army marched toward Gloucester where collecting what Force he could he prepared for a new Engagement but the Nobility on both sides terrified with the dreadful slaughter in the last Battel and fearing the Courage as well of Edmund as Cnute perswaded them for avoiding the great Effusion of Blood to decide the Controversie by single (Å¿) Malmsbury says Cnute refused a Duel yet at the Instance of both Armies he was willing the Nation should be divided Combat which they undertook and behaving themselves bravely on both sides in the midst of blows paused a little and then coming to a Parley Cnute and Edmund part the Kingdom Matt. Westm A. D. 1016. f. 205. n. 40. they agreed to part the Kingdom between them Edmund for his share had East-Saxony East-England the City of London and all the Land on the South side of the River Thames and Cnute had all the North parts of England Not long after Edmund died at London Flor. Wigor A. D. 1016. Fol. 618. and was buried at Glastonbury when Cnute commanded all the Bishops Dukes Princes and Chief men of England to meet at London and when they were come together he craftily asked such as were Witnesses to the Agreement Cnute surprizeth the Witnesses to the Agreement between him and Edmund and Division of the Kingdom between them as if he knew nothing of the matter what he and Eadmund discoursed of his Brothers and Sons Whether it should be lawful for his Sons to Reign in the Kingdom of the West-Saxons after him if Eadmund should dye while he was living They said they certainly knew Ibidem that
Ibid. c. 50. should have her Nose and Ears cut-off 5. That a Widdow marrying within twelve months after her Husbands Death should lose her joynture and Dowry Ibid. c. 71. Cnute not long before he died appointed his eldest Son Swane Hoveden 251. a A. D. 1035. Cnute dies and disposeth his Kingdoms to his Sons by his first Wife (y) By most Writers reported to have been a Concubine she was Daughter to a Mercian Noble-man who is said to have been Earl of Northampton Elgiva to be King of Norway and his second Son (z) Others say he was elected King Ingulph Hist 509. a. and some that he was King only of the North parts of England and Harde Cnute of the South parts Harold by the same Woman to be King of England and Harde-Cnute his Son by Emme King of Danemarke This year he died in November at Shaftsbury and was buried at Winchester Harold according to some being chosen King by the Danes and Londoners Harold Hunt 209. a. whilst Earl Godwin and the English would have had for their King one of the Sons of Ethelred or Harde-Cnute the Son of Cnute but their attempt was in vain Malms l. 2. c 12 not being equal either in number or force to the Abettors of Harold and therefore he injoyed the Crown which was given to him by his Father A. D. 1036. as it is said in Hoveden before-cited however he came to be so King he was and innocent Elfred Elfred and many Normans slain a younger Son of Emme by Ethelred coming out of Normandy to visit his Mother then being at Winchester Harold Harde-Cnute Danes A. D. 1036. as 't is storied was by Earl Godwin and others by order of Harold together with many Normans that came to accompany him slain his Mother Emme not thinking her self safe here much grieved for the death of her Son cruelly murthered Hoved. 251. Emme flies to Baldwin Earl of Flanders went to Baldwin Earl of Flanders who received her honourably and assigned Brugis for the place of her abode where she remained three years whither her Son Harde-Cnute came out of Danemarke to visit her Malmsb. ibid. Hunting ibid. Hoved. 251. b. Harold dies Ibid. Flor. Wigorn. A. D. 1040. in the mean while having done nothing memorable Harold dies at Oxford some say London and was buried at Westminster Florence of Worcester says they divided the Kingdom of England by Lot and that the North part fell to Harold and the South to Harde-Cnute who was rejected because he came not out of Danemarke when sent for so soon as was expected and therefore Harold was elected King over all England A. D. 1035 1037. fol. 622. Harde-Cnute both English and Danes make him their King After his death all the Nobility both Danes and English sent to Brugis to Harde-Cnute to come and be their King the Children of Ethelred being neglected and post-poned for the easiness and ill fortune of their Father he arrives with sixty Ships manned with Danes and was of all People received with great applause but during his short Reign did nothing worthy a King save that he treated his half Brother Edward and his Mother Emme who came to him out of Normandy He laid a grievous Tax upon the Nation Ibidem At which Worcestershire People tumult very kindly and honourably he laid a grievous Tax upon the Nation for the payment of eight Marks to every Rower and twelve Marks to every Officer in his Fleet this caused the People to tumult and at Worcester the Country People and Citizens killed two of his Domestick Servants which he sent to gather his Tax but he chastised them severely for that Fact for he sent thither Leofric Earl of Mercia Godwin Earl of West-Saxony Siward Earl of Northumberland Their City and Country is burnt and plundered Ib. A.D. 1042. He dies suddenly c. who plundered and burnt the City and wasted all the Country when he had reigned about two years he died suddenly while he was drinking at a Nuptial Feast at Lambeth where Osgod a great Danish Lord had married his Daughter to Prudan another Potent Dane Edward the Confessor A. D. 1043. His Descent Edward commonly called the Confessor the eldest Son of Ethelred by Emme and half Brother to Edmund Ironside Son also of Ethelred by a former Wife being in England at the death of his half Brother Harde-Cnute was in a great straight not knowing what to do and thinking to retire into Normandy [1.] Malms de Gest R. R. l. 2. c. 13. fol. 45. a. n. 10. He applies himself to Earl Godwin applied himself to Earl Godwin who gave him other advice minds him whose Son he was and what great probability there was of his being King and withall promiseth his assistance upon Conditions to be agreed on between them Edward urged by necessity promiseth to make good all he asked Then a Council being called at London Godwin being very eloquent and powerful in perswading so prevailed in this Assembly that by the consent of almost all present He is declared King he was made King and [2.] Hoveden 252. a. crowned at Winchester anointed by Edsi Archbishop of Canterbury and Alfric Archbishop of York in the presence of almost all the Bishops of England And not long after by advice of the Earls Leofric Godwin Edward the Confessor of the Saxon Race A. D. 1043. and Siward he seized and took from his Mother Emmâ— all her Gold Silver Jewels and Treasure The reason assigned is that she was very hard and sparing towards him in the time of his Exile he married the Daughter of Earl Godwin by name Edith or Edgith Hor. Worcest He takes away Jewels and Treasury from his Mother Emme He Marries Earl Godwin's Daughter Edgith Malms ut sup Her Beauty Learning and Modesty as he had promised She was no ways like her Father or Brothers but was very beautiful learned humble and modest [3.] Histor Croy. 509. a. n. 30.40 50. Edward much addicted to the French Modes and Customâ— Ibidem Ingulph reports he saw her often when he went to Court to see his Father who lived there and coming from School was often met by her and opposed solidly and smartly not only in Grammar but in Logick The same Historian there saith that though Edward was born in England yet having had his Education in Normandy he was almost become a French man and calling many from thence both Laies and Religious preferred them to great Offices and Dignities The chief amongst them were Robert a Monk whom he made first Bishop of London and then Archbishop of Canterbury and William his Chaplain whom he made Bishop of Dorchester with other Military men which he placed upon the Borders to defend them against the Welch Then the English under this King and the Normans which he brought in began to lay aside the English Rites and Customs and in many
things to imitate the French Ibid. b. n. 10. And the English according to his Example they speak French and imitate their Vsages and are ashamed of their own the chief and great men to speak French in their Courts and Houses as a great piece of State and Breeding to make their Charters Deeds and Writings after the French manner ashamed of their own Usages and Customs in these and many other things [4.] Ibidem A. D. 1051. fol. 510. a.n. 50. He remits the Tax called Dane-geld About the eighth year of his Reign there being a great Scarcity and Famine he then remitted for ever the Tax called Dane-geld it having been continued eight and thirty years from the first time that it was paid by Ethelred to King Swane The English began [5.] Malmsb ut sup n. 40.50 The English murmur at the Preferment of the Normans to murmur at the Preferments of the Normans and took it ill that Strangers should injoy such places of Trust and Dignity on the contrary the Normans stomached the English defended themselves and [6.] Ibidem They calumniate the English especially Godwin and his Sons f. 46. a. n. 40 50 calumniated them especially (b) This mighty Earl was a Cow-heards Son advanced by Cnute whose Sister he had married she being dead he married a second Wife says Malmsbury but of what Stock not known by her he had six Sons [8.] Sim. Dun. A. D. 1051. Flor. of Worcest the same year fol. 1627. Swane Harold Wulnoth Tosti Girth Leofwin he himself was Earl of Kent the South and West-Saxons Sussex Hampshire Dorsetshire Devonshire and Cornwall Swane was Earl of Oxfordshire Berkeshire Gloucestershire Herefordshire and Somersetshire Harold was Earl of Essex Suffolk Norfolk Cambridge and Huntingtonshires Wulnoth and Hacun Son of Swane were Hostages with William Earl of Normandy for Godwin's good behaviour towards King Edward after Siward's death Tosti was made Earl of Northumberland and Girth and Leofwin possessed other places Godwin and his Sons That they were insolent toward the King and his Friends and usurped an equal share in the Government that they trisled with and abused the King's honest Intentions and Simplicity and made Jests on him Edward the Consessor A. D. 1051. These Factions and Animosities at Court were notably heightned by the following Accident [7.] Ib. b. n. 20. Eustace Earl of Bulloigne comes to visit King Edward Vpon his return one of his Herbingers quarrels with a Townsman of Dover or Canterbury and is slain Eustace and his Followers kill 21 of his Townsmen Eustace the Elder Earl of Balloigne who had married Goda Sister by the Fathers side to King Edward came into England to visit him and returning homeward at Canterbury as some report at Dover as others one of his Herbingers unadvisedly quarrelled with a Townsman or Citizen about Lodgings he was to take up for his Master and Retinue was by him slain the Earl to revenge his Servant's death and his Followers kill several of the Townsmen they flocking together for their own defence assault Eustace and his People and slay one and twenty of them he immediately posts to Court and makes his complaint to the King of the Injuries received who being incensed and the Master aggravated by the Norman Courtiers Godwin was (c) Florence of Worcester reports That Godwin being much moved and very angry that such things were done in his County or Government he and his Sons in their several Counties raised a mighty Army of which the King taking notice and being affrighted sent to Leofric and Siward to come to him being in great danger with what Forces they could raise c. A. D. 1051. fol. 627. sent for and commanded to march into Kent with an Army and punish the People of Canterbury or Dover who had likewise made their Complaints Complaints on both sides come to the King Godwin is commanded to punish the People of Canterbury or Dover He refuseth unless both parties were heard and represented their Case to him as their Earl he troubled to see Strangers more favoured by the King than Natives advised him first to summon the Chief men of the Town into his Court and charge them with Sedition where both Parties might be heard that if found in fault they might by Fine or loss of Life satisfie the King whose Peace they had broken and the Count whom they had injured or if otherwise they might be acquitted until this were done he refused to punish by Hostile Force and unheard those of his own Country which by his Office he was rather bound to defend He is summoned to answer his refusal before the Peers The King not pleased with his refusal ordered an Assembly of the Peers at Gloucester where the matter might be fully debated thither came the two great and famous Earls Leofric of the Mercians and Siward of the Northumbrians and all the Nobility of England except [9.] Malms de Gest R. R. fol. 45. b. n. 40. Godwin comes with an Army Godwin who suspected his own Cause or the Violence of his Adversaries with his two Sons Swane and Harold came with a great Army raised in his own and their Earldoms under pretence of subduing the Welch the King knowing of his arming Leofric and Siward at the King's request oppose him desired the assistance of Leofric and Siward who raising the force of their Countries checked Godwin's design who not knowing of this force boldly demanded [1.] Sim. Dunelm A. D. 1051. Eustace and his Followers the King delayed him with fair answers until the Mercians and Northern men advanced who were eager of fighting But Leofric and the more wise men interposed between the King and Godwin that Hostages given on both sides the cause should be again debated at London whither the King and Lords coming with their Army send for Godwin and his Sons who with their Forces were come to Southwark Servitium militum Quos per Angliam habebant Regi contradere Malmsb. f. 56. a. Lin. 1. Godwin and his Sons banished commanding their appearance with twelve Attendants only they refuse to appear before their Adversaries without Hostages yet deny not to disband their Souldiers or consign or make over their Service to the King or in any thing else to obey the King that might be agreeable to their Honour and Safety this answer not satisfying the King Godwin and his Sons by Edict within five days was to depart the Land who perceiving his numbers falling off readily obeyed and with his Wife Gytha and three Sons Swane Edward the Confessor A. D. 1052. Tosti and Girth passed over into Flanders to Earl Baldwin whose Daughter Judith [2.] Brompt col 943. Edward sends his Queen into a Nunnery Tosti had married his Sons Harold and Leofwin taking Ship at Bristol passed over into Ireland They depart into Flanders Edward pursuing his anger against Godwin put away his Wife Edith his Daughter and
that place and that Bishoprick followed 1099. by [8.] Order vit fol. 786. c. Ranulph Flambard [9.] Godw. de praes p. 109. Chaplain sometimes to Maurice Bishop of London a Norman likewise in the Reign of Henry the First [1.] M. Paris fol. 204. n. 10. fol. 629. c. Hugo de Bocland a Norman in the year of our Lord 1100. was Justiciary Next was Radulph [2.] Ord. vit f. 629. c. 465. c. Basset a [3.] Ib f. 905. D. 906. A. Norman After him his Son Richard Basset [4.] Ibidem was Justiciary And then Roger [5.] Godw. de praes fol. 389. who had been a Curate of a Church in the Suburbs of Caen in Normandy for a small Sallery by Henry the First made Bishop of Salisbury [6.] Order vit fol. 919. c. And during his Life whether the King was in England or Normandy he presided over all England and was Justiciary and Chancellor as says [7.] Fol. 91. a lin 4. fol. 104. b. n. 10. Malmsbury who lived [8.] Ibid. fol. 99 b. n. 10. in his time In the time of King Stephen [9.] Hov. 1153 f. 2â—1 a. n. 20. Henry Duke of Normandy afterwards King of England by the Title of Henry the Second was in this Office In the Reign of Henry the Second Robert de Bello-monte Earl of Leicester before-mentioned a Norman was Justiciary 1168. before him [1.] M. Paris fol. 77. n. 50. Alberic de Vere a Norman Earl of Guisnes and much exercised in variety of Causes is said to be Justiciary of England And after Robert Earl of Leicester [2.] Hov. f. 293 b. n. 30. who died Anno Dom. 1168. [3.] Ib. f. 337. a. n. 20. Richard de Lucie was made Justiciary of England who in the year 1179. leaving that Office and all Secular Employments was made Canon Regular in the Abbey of Lesnes which he had founded I find not directly that this Richard was a Norman but 't is probable he was so by his Name and for that King Henry the First gave him the Mannor of [4.] Dugd. Baron fol. 562. Disce in Norfolk either for his Service or as his Inheritance which was a Boon too great for an English man in those times and for that he was also Governour of [5.] Ibidem Falais in Normandy for Stephani and defended it stoutly against Geofrey Duke of Anjou He was a great Instrument in making the accord between Stephen and Henry the Second and was by this last King in the eighth of his Reign advanced to this high Office After him in the year 1180. [6.] Hov. f. 342 b. n. 30. Ranulph de Glanvil that Famous Lawyer was constituted Justiciary of all England who by his name was certainly of Norman Extraction (*) Gulielmus de Glandivilla was Dean and Archdeacon of Lisieux in the year 1077. although as Sir [7.] In Epist to the eighth Report Edward Coke saith he himself was born at Stratford in Suffolk It also appears by the [8.] Ibidem He was a Norman vid. Dugd. Baronage vol. 1. fol. 423. c. 2. names of their Husbands that he married three Daughters unto three Normans which adds to the presumption that he was so himself After him Hugo de Putaceo commonly called Pusus Putac or Pudsey a Norman [9.] Godw. in praes Dunelm Nephew to King Stephen by his Sister was made [1.] Hov. 1190 fol. 378. b. n. 40. Justiciary in the North parts beyond Trent and William de Longo-Campo or Long-Champ Bishop of Ely was at the [2.] Ibidem same time by Richard the First made Justiciary on the South parts on this side Trent [3.] Ib. fol. 400. a. n. 10 20 30. He transacted all the Affairs of the Nation while he was Justiciary yet [4.] Ib f. 401. a. n. 30. understood not the English Tongue Then after the Deprivation of William Bishop of Ely [5.] Ib. 399. b. n. 40 50. Walter Archbishop of Roven in Normandy was made Justiciary of all England And many of their Successors were Normans or descended from Normans At the same time with these Justiciaries the Chancellors and Keepers of the Seal were also Normans Maurice [6.] Godw. de pres p. 233. Malms f. 134. b. n. 50. the Conqueror's Chaplain Bishop of London and Chancellor Osmundus [7.] Godw. de praes p. 389. born in Normandy and Governor of the City of Sees there came into England with the Conqueror and was Bishop of Salisbury and Chancellor Herfastus [8.] Malmsb. 1â—8 a. lin 2.5 a Norman Chaplain to William the Conqueror Bishop of Helmam then of Thetford and [9.] Spelm. Gloss fol. â—09 Chancellor William Giffard Bishop of Winton Robert Bloet Bishop of Lincoln Roger Bishop of Salisbury before-mentioned Galfrid called Rufus Bishop of Duresm Alexander Bishop of Lincoln [1.] Ord. vit fol. 919. D. Nephew to Roger Bishop of Salisbury Roger [2.] Ibidem (h) Rogerius Pauper was Son to the Bishop of Salisbury by Maud of Ramesbury his Harlot Son to that Bishop called [3.] Ibidem fol. 920. A. Pauper and may others who were successively [4.] Dugd. Chron. series fol. 1 2 3. Spelm. Glossary f. 109 110 c. The Chancellor his Office in Elder times Chancellors were all Normans Of what Power and Authority the Chancellor was in these Elder times or what his Office is not easily made out the reading allowing and perhaps dictating Royal Grants Charters Writs c. keeping and affixing the King's Seal to them as the Learned [5.] Gloss fol. 106 107. Sir Henry Spelman thought and many also be gathered from Mr. Dugdale's [6.] Origin Jurid fol. 37. Ord. vit f. 55. A Order vit fol. 920. A. discourse of the Chancery was the greatest part of their trust and imployment and that he had no causes pleaded before him until the time of [7.] Spelm. Gloss â—ol 107. Edward the Third and those not many till the Reign of [8.] Orig. Jur. fol. 37. Henry the Fourth nor are there any Decrees to be found in Chancery before the [9.] Ibidem The Justiciary above the Chancellor and next the King Twentieth of Henry the Sixth be his Power and Office what it would then it was less than that of the Justiciary who was next to the King in place of Judicature by his Office he presided in the Exchequer the Chancellor sitting on his left hand as [2.] Scaccarii observ lib. 1. c. 4 5. Gervase of Tilbury tells us and by his Office after the King was the first man in the Kingdom and that under his own Teste he could cause the Kings Writ to be made out to deliver what Sum he would out of the Exchequer The Chancellor was the first [3.] Ibid. c. 6 in order on the left hand of the Justiciary and as he was a great Person in Court so he was in the Exchequer for no great thing
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
put their Judgments in Execution The Subjusticiers were Officers established under the Justiciers to do Execution such were Viscounts Serjeants of the Sword Bum-Bayliffs Bedells or under-Serjeants c. C. 5. with the Coment A Vicount in Normandy was an under Officer of the Law a Pedanens judge and was the very same with a Provost or a Viginer or Vicar who heard small and Ordinary Cases Pasqu Recherch fol. 860. D. Serjeants of the Sword The Office of the Vicount was to hold Pleas of antient Paths Ways Bounds Watercourses c. and to walk the Parish with twelve men of the same and by their Oath or the Oath of the greater part of them to inquire whose Lands lay next the Ways c. and cause them to be amended by those which held the Land accordingly he was to inquire by the Oath of twelve lawful men of Malefactors as Murderers Thieves Traytors Ravishers and other Criminals to keep them in Prison till they were delivered by the Law of the Country These had also under them Serjeants of the Sword who held the Views and made the Summons to them and executed the Precepts of the Assizes and what was judged there and to keep and deliver according to Law Distresses taken The Bedells were the less Serjeants which ought to take the Distress and to do Offices less honourable and to make the lesser Summons and these were in every good Town C. 6. Default Trespassment des Termes sont Appellez defaultes that is such as came not at the time appointed nor appeared in Court according to Summons or when they ought or performed not what they were then to perform were in Default Fealty No man in Normandy could receive Fealty from another without saving his Fealty to the Duke which is to be expressed in doing Homage And therefore the Duke hath the whole Justicement of the body of a man for or by reason of the Fealty that all men owe him If a Lord doth wrong to his man by reason of his Fee the Court then appertains to the Duke if there be no Mesne or Middle-Lord between the Duke and him which by reason of his Fee may have the Court. About Distresses taking Goods and impounding Cattle much used C. 7. as in use with us Of the times when many Lands are to be several or commune C. 8. the Vsage much the same as in England Judges were Sage Persons and Authentick C. 9. So it was in England Who anciently Judges in Normandy Bishops Abbats Priors Canons c. which gave Judgment in Court as Archbishops Bishops Canons of Cathedral Churches and other dignified Persons in Churches Abbats Priors Conventual and Governours of Churches famous for their Discretion and Honesty Bayliffs Knights Serjeants principal and Seneschals of Barons Famous for Knowledge and Honesty every of these might remain in Judgment if the Cause were not their own or they were no ways Parties nor had given Judgment nor were Witnesses in it nor were suspected for Love Favor or Hatred Barons ought to be judged by their Peers and others by all such as cannot be removed from Judgment i. e. such as were not suspected as before Antiently there was in Normandy a greater Justice than all the beforementioned which was called the Seneschal of the Prince C. 10. Seneschal of Normandy He was like the Missi Regales or Dominici in the old Empire or Itinerant Justices anciently that went their Circuits once in two three four five or six years he corrected all inferior Justiciers as Bayliffs c. and removed them from their Offices if he saw it convenient he preserved the Land of the Prince and made to be preserved the Laws and Rights of Normandy to which purpose he travelled every three years through Normandy and visited all the particular Baylywicks and inquired of the Injuries and Excesses done by the Sub-justiciers and also held Pleas of the Sword c. and in all things that belonged to his Office he might cause them to be amended without Pleas or Assizes and in all places where he found any thing amiss he might do as he thought expedient Custom Law and Usage C. 11. Custom Law and Vsage understood and practised in the same manner as in England All such as were Residents in the Dutchy of Normandy C. 14. All the Residents in Normandy sware Fealty to the Duke ought to swear Fealty to the Duke and keep it and therefore in all things they ought to be Loyal towards him and were not to procure his damage nor to give Council or Aid to his manifest Enemies such as were found culpable of any of these things were called Traytors to their Prince and all their Possessions remained to him always The Women in Normandy without consent of their Husbands C 15. could make no Contract or Bargain Wrec belonged to the Duke of great and rich things there named C. 1â— Wrec and of ordinary things to the Lord of the Fee all the Controversies arising from it were to be determined in the Dukes Court. Treasure Trove i. e. found or digged any where C. 18. Treasure Trove belonged to the Duke Waifs belonged to the Lord of the Fee or sometime to the Duke C. 19. Waifs c. according to Custom C. 20. And Glanv lib. 7. c. 16. The Chattels of Vsurers that died belonged to the Duke so to our Antient Kings C. 21. Felonâ— Goods were the Dukes The Chattels of such as killed themselves Excommunicate and Desperate Persons such to whom Confession and the Sacramenâ— was denied were the Dukes C 22. Moveables and Chattels forfeited to the Duke All Moveables forfeited belong to the Duke Moveables were the Chattels of such as were condemned by Judgment that were hanged burnt their Eyes pulled out or their hands or Feet cut off or banished c. C. 24. Assize what Assize was an Assembly of Knights and Sage men with the Bayliff in a certain place and at a certain time which contained the space of forty days between one Assize and another by which Judgment and Justice was done of such things as were heard in Court in these Assizes the Juries sometimes were brought to a Non-scavoir Non-scire Ibidem Juries brought in Ignoramus or Ignoramus And when nothing of Certainty or Credit was deposed the Inquest being first examined the Return or Verdict was L'enquest scet rien Ibidem Lands c. forfeited as in England The Lands and Estates and Profits of condemned Persons for Felony were the Dukes for a year and a day afterwards they were the Lords of the Fee of whom he held immediately so in England C. 25. The eldest Son Succeeds the whole c. In Fuedal Succession the Eldest Son succeeds in the whole and so it descends to the next of the Blood and never ascends when there is any of the descending Line remaining In the Latin Version of the Customer of Normandy
words of Art in that Profession After Sir Edward Coke as he thought had thus established his Opinion of the Antiquity of our Laws by Record he renews his Discourse upon this Subject in his Prefaces to his sixth eighth and ninth Parts of his Reports but chiefly in the two last and prosecutes his Arguments upon his second Topick from History which shall be considered in the Answer to a Book Intitled Argumentum Antinormanicum where they are all repeated and therefore on purpose passed over in this place William the First COMMONLY CALLED The Conqueror [1.] Dudo de moribus actis Normannor fol. 63. B.C. THE Danes and Norwegians under Hastings or Anstings their former Leader having harassed and wasted a great part of France with Fire and Sword [2.] Ibid. 66. B. C. the French and their King especially wearied with his Ravages and Cruelties make Peace with him pay him Tribute and allow some part of their Country for an Habitation to him and his Followers [3.] Ibid. 75. D. An. Dom. 876. do now again under the Conduct of Rollo at the [4.] Ib. 76. C. Instigation of Hastings come with their Fleet out of the River (a) Scaldis or the Scheld a River running through Brabant and Flanders and passing by the Borders of Haynault upon which Antwerp Ghent Oudenard and Toâ—â—naye are seated Scheld into the Mouth of the River (b) Sequana or the River Seyn running through the Isle of France and falling into the Brittish Sea upon which Paru and Rhoan are seated Seyn to whom Franco Arch-Bishop of Roan with his whole Country sent for Protection and submitted By this means having here a place of settlement he Invaded the other parts of France and attempts [5.] Ib. 79. b. Paris Rollo comes into the River Seyn Arch-Bishop Franco begs his Protection and assisted with [6.] Ibidem English and other People that resorted to him often defeats the French and became so formidable that Charles the Simple at the [7.] Ibid. 81. D. 82. A. Instance of his People and [8.] Ib 83. c D. 79. b. The King of France gives Rollo Normandy Advice of Franco aforesaid made a Composition with them and gave to Rollo all the Land from the Rivers (c) Epta or Iâ—ta a small River upon which Gisors Gurnay and Bray are seated which falls into the Seyn between Varnon and la Roche Guion Epta to the Sea then called Neustria now Normandy from these Northern Men which because it was then almost wast uncultivated and unpeopled and the Corn and Cattle destroyed he gave him also Brittany for their present support that from thence they might take all Necessaries to sustain them and likewise his Daughter Gisla to Wife [9.] Ib. 79. B. He is Baptized An. Dom. 912. upon Condition he would turn Christian which he did accordingly and was [1.] Ib. 84. C. And his whole Army Baptized by Franco and named Robert by his Godfather Robert Duke of France the Kings Brother and afterwards caused all his great Commanders Soldiers and whole Army to be instructed in the Christian Faith and Baptized [2.] Ibid. 85. A.B. He shares his Land gives some part first to the Church Will. Roberts Bastard Before he measured out his Land which was done with a Rope or String and gave Shares of it to his chief Companions and others of his faithful People he gave some part of it to the chief Churches in Normandy which he repaired and new built as also the Walls of his Cities and Fortresses From this Rollo in a direct Line Robert was the Sixth Duke of Normandy to whom [3.] Gemetic lib. 8. c. 3. William was Natural and only Son by Herleva or Herlotta his Concubine Daughter of Fulbers his Chamberlain or Groom of his Chamber Robert out of [4.] Orderic vital fol. 459. Devotion against the mind of his People Robert goes to Jerusalem going to visit the Sepulchre of Christ at Jerusalem [5.] Gemâ—t lib. 6. c. 12. D. called together the Arch-Bishop and other the great Men of his Dukedom and caused them to do Homage and Swear Fealty to his young Son then about Eight years old as their future Prince and Lord appointing [6.] Malmsb degest reg fol. 53. b. 30. Gilbert Earl of [7.] Gemet lib. 6. c. 11. He leaves his Son and Tutor to the Care of the King of France Oâ— his Governor committed them both to the Care and Protection of Henry the First King of France and afterwards in his return from the Holy Land died at [8.] Ibid. c. 13. An Dom. 1035. Robert dies Nice in Bithynia After his death many near to to the Dukedom of his Fathers Relations Conspired against him [9.] Ibid. lib. 7. c. 2. privately killed his Tutors and Governors and endeavoured to take from him the Dukedom for that he was a Bastard which then in France was not esteemed a sufficient Bar to the Inheritance of Princes especially if according to the Canon Law they Married their Concubine (d) Thierry or Theoderic [1.] Vales rerum Franc. Tom. 1. fol. 320 321. Bastard of Clovis had for his Share with his Lawful Children Anstrasie now Lorrainge c. [2.] Ib. Tom. 3. fol. 88.113 Sigibert Natural Son of King Dagobert had Anstrasie as his Share also of France with his Lawful Son Clovis 12. with many such Examples in other Nations for before that time many had succeeded their Fathers in this and other Countries as if they had been lawfully begotten others openly invaded the Title and waged War for the Dukedom His Tutors privately Murthered The first of whom was [1.] Gemet lib. 7. c. 3. Roger de Toney Arms against William Roger de (e) In most of our Historians he is called Roger de Tresuye Toenio Standard-bearer in all Normandy a Descendent from Malahulcins Uncle to Rollo the first Duke thereof and an Adventurer with him in the Acquest of it Bastardy was no bar to the Inheritance of Princes he returning out of Spain where he had performed many great things against the Saracens and finding William a Child to succeed his Father in the Dukedom was much displeased and scorned to serve him saying a Bastard ought not to Command him or the Normans Combined with others who Conspired against William and enters the Territory of Humphid (f) He was Son of Turulf de Ponte Audomari by Wera [3.] Gemet lib. 8. c. 37. Sister to Gunnora a Forresters Daughter first Concubine and then Wife to Richard first Duke of Normandy Osbern de Bolebec Mâ—rried another Sister of Gunnors by whom he had Walter Giffard made * Orderic vital 522. c. Earl of Buckingham by the Conqueror From these two Sisters of Gunnor and her Brother Herfasâ—us sprang many of the * Gemet ubi supra great Men of Normandy and afterwards of England the Fliz-Osberns Mortimers Giffards Warrens Montgomeries Gournay
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
whereupon the King issued his Proclamation that unless he came in and submitted himself to Tryal he was adjudged a publick Enemy But in stead of appearing before the Court he fortified his Castles praying Aid of all the Normans that were of his Alliance of the Welsh The King raised an Army Angliae Exercitum Convocavit Arundell Castle besieged and all others of his Relations or Affinity Upon this obstinacy the King presently called together the Army of England and besieged his Castle of Arundel in Sussex and building several Castles about it departed The Besieged Petitioned the King for leave to dispatch Messengers to their Lord that he would either send them Relief or permit them to reconcile themselves to the King which was granted And seeing he could not help them very sorrowfully gave them leave to make their Peace with him At this time the King [5.] Hoved. fol. 69. a. n. 20. Tikhill and Bridgnorth Castles besieged Commanded the Bishop of Lincoln with part of the Army to besiege Tikhill Castle while he himself went and besieged Bridgnorth Castle in Shropshire from whence Robert was gone to Shrewsbury Here the King stayed three weeks and by [6.] Ibidem n. 30. Shrewsbury Manned against the King The Welsh joyn with the Earl against the King Gifts corrupting the Welsh in whom the Earl placed most confidence they rendred to him the Castle Robert stayed not long in Shrewsbury but left it to the care of Roger the Son of Robert de Nevil and Vlger Venables with whom he joined eighty Stipendiary Soldiers and made Peace with the Welsh and drew their Kings Caducan and Gervat the Sons of Rese to his Party by whom and his own Forces he often disturbed the Kings Army [7.] Ord. Vit. f. 807. A. B. C. The Earl disinherited William Pantulf He assists the King and by Gifts and Promises brings the Welsh to the Kings side Before this time the Earl had disinherited William Pantulf a great Man in Shropshire who withdrew his Assistance from him and returned to the King who forthwith sends him 200 Soldiers and makes him Governor of Stafford Castle from whence by Excursions he mightily annoyed the Earl above all others and at length by Promises and Gifts brought off the Welsh Kings and their Forces to the Kings side After this the King demanded the Town of the two Governors and threatned that if it were not delivered in three days he would Hang all he should take there The Governors Treat with the King by the Mediation of William Pantulf who was Allied to them Shrewsbury delivered to the King The Stipendiaries had leave to depart with their Horse and Arms. and they the Townsmen and Burgesses were willing to save themselves and deliver up the Town The Stipendiaries knew nothing of this Treaty but remained faithful to their Master and therefore when the King entred the Town he permitted them freely to depart with their Horse and Arms. The King having thus subdued his Enemy [8.] Ibid. fol. 808. A. B. C. The King takes away his Earldom of Shrewsbury and his Lands Banisheth his two Brothers and endeavours to extirpate that Family in England he took away his Earldom and Lands and all the Estates of such as adhered to him and gave him safe Conduct to pass beyond Sea and with him he sent away the two wealthy Earls his Brothers Roger Pictaviensis and Arnulph and seized their Estates his Enmity being such against Robert that he endeavoured totally to extirpate that Family in England They being [9.] Ibidem C. D. Robert de Belismo wasted Normandy expelled out of England there followed mad work in Normandy for three years together Many Towns were burnt and Churches with the People in them that fled to them for safety Almost all Normandy rose up against this boisterous and unquiet Robert de Belismo but they wanted a Head and a Leader of such Courage as might subdue so great a Waster and Subverter of his Country He was a Man of Parts and Cunning and had a considerable Strength about him and supported himself by his Wealth which he had treasured up in thirty four strong Castles He had thirty four strong Castles that he had formerly built with a design of Rebellion He only enjoyed his Fathers Estate He gave his Brothers nothing of his Fathers Estate Roger dies Arnulph leaves his Brother not suffering his Brothers to possess any part of it although for his sake they had lost their Fortunes Roger left him and took himself to Carof-Castle which was his Wives Inheritance and there grew old and died Arnulph after many difficult Undertakings for him to no purpose grew discontented and fell off to the Duke seized the Castle of Amanisca now Almenesches delivered it to him and such as favoured his Brother that were in it In the Territory also of See 's many with Arnulph left the Turbulent Earl and delivered their strong Holds to the Duke Although he was much [1.] Ibid. fol. 809. A. Robert de Belismo burns the Abby of Almanisca dismayed at the Revolt of his Brother yet hearing some of the Kings Troops were quartered in the Abby of Almanisca with design to harass and plunder the Country He presently marched thither fired and burnt it he there took many Prisoners whereof some he punished with death others he dismembred In the mean time the Duke was with the Army of Normandy at Hiâ—smes and marching towards the Earl he drew up his Forces and many ways attempted the Duke He rouâ—s the Dukes Army and boldly charging him upon a Causey put him to flight and made many his Prisoners Puffed up with this success and scorning the Duke he endeavoured to bring all Normandy under his power the Country where he was and the Neighbouring Territories submitted to him not being able to resist He took in the Fortress of Hiesmes and Gunters Castle now Gontel and many other Garisons round about him About this time died [2.] Ibidem fol. 810. B. A great War and Contention in Normandy about a private Estate William de Britolio or Breteul without lawful Issue His two Grandchildren William de Guader and Raynald de Cracey contended who should succeed him The Normans rather chose for their Lord his Son Eustachius by a Concubine as more affecting one born in their own Country though a Bastard than either a Britain or Burgundian from whence there arose great War among the Adverse Parties and great desolation of the Country William de Guader soon died and left Raynald to contend with Eustachius [3.] Ibid. C. To Raynald (f) These were Norman Barons and this Ralph de Conchis was the same [4.] Gemet lib. 8. c. â—7 Ord. Vit. f. 813. D. 522. C. Person with Ralph de Todineiâ— Lord of Flamstead in Hampshire who afterward Married Alice one of the three Daughters of Judith Widow of Waltheof Earl of Huntington Northampton c. Niece to the
William Crispin were taken [1.] Ibid. fol. 855. A. The King of France was alone and lost in a Wood from whence a Country Man conveyed him to Audeley whether the remains of his routed Army was retired In this Battle were [2.] Ibidem fol. 884. D. But 900 Horsemen on both sides but 900 Milites or Horsemen on both sides unless perhaps there might be so many Milites besides their Retinue and they accounted a great number whereof only three were killed for they were so Cloathed with Iron as they could scarce be in danger [3.] Ibidem fol. 885. B. King Lewis his Standard was here taken and King Henry bought it of him that took it for 20 Marks which he kept as a token of the Victory His Horse also was taken which was sent back next day with his Saddle Bridle and whole Furniture And Prince William sent likewise his Cousen William the Son of Duke Robert his Horse which he had lost with many other Gifts When King Lewis [4.] Ibid. D. Almeric de Monteforti perswades King Lewis to raise a new Army returned to Paris Almeric de Monteforti who was not in this Fight came to Visit and Comfort him being much dejected at his ill fortune in their Discourse he encouraged him to attack his Enemies again and advised him to send to the Bishops Earls and other great Persons of the Kingdom and then the Priests with their Parochians by the Bishops Directions would go with him whether he should Command them that so by a common Army he might take revenge upon his publick Enemies and promised the utmost of his own and his Friends Assistance [5.] Ibidem fol. 886. A. The King being well pleased followed his Advice and forthwith sent his Edict to the Bishops who readily obeyed it and Anathematized the Priests and Parishioners of their several Diocesses if they went not with the King at the time he should appoint with their whole Strength against the Rebellious Normans They came from Burgundy [6.] Ibidem B. C. Berry Paris the Countries of Orleance Vermandois Beavais Laudun and le Estamps and other places as Wolves to their Prey and committed strange Outrages in their March which the Bishops permitted out of hatred to the Normans To these the King joyned an Army which he gathered from Noyon and the Isle from Tournay and Arras from Gournay and Clermont and from all the Provinces of France and Flanders The French besiege Breteul that he might restore to their ancient Honours all such as were in exile for the sake of William the Son of Duke Robert With this Army he laid Siege to Bretteuill or Breteul which is in the heart of Normandy The Governor of this place was Ralph de Guader a Britain The Valour of Ralph de Guader Governor of Breteul who valiantly sallied out upon and fought with them and commanded all the Gates of the Castle to be opened but none could enter such was the courage of the Defendants At three of the Gates there was a sharp and obstinate Conflict and many sell on both sides King Henry so soon as he heard [7.] Ibidem C. D. the French were returned into Normandy sent his Son Richard with a Supply of 200 Milites or Horse to Ralph de Guader which being discovered the courage of the Assaylants began to fail them The brave Governor went from Gate to Gate to encourage and aid his Soldiers and often changed his Armour that he might not be known The King followed his Son and those he had sent before with a great Army and resolved to fight the great Body of the French But they despairing of taking the Town were forced to return into France The French march home carrying back nothing besides plundred Goods but Ignominy and Blows [8.] Ibidem fol. 857. A. William de Chaumont the King of France his Son in Law and other haughty Soldiers much moved at their ill success before Breteul in their march home set upon the Castle of Tiliers where Gilbert the Castâ—llan suddenly sallied out upon them and took William Prisoner for whose Redemption he had 200 Marks of Silver Others also of his Company he surprised and the rest fled with disgrace Upon this success [9.] Ibidem B. C. Richer de Aquila a great Baron submitted to the King and by the Mediation of his Uncle Rotro Earl of Perch obtained his Fathers Estate both in England and Normandy The Castellans of Gloz and Lire followed his Example made their Peace and delivered them up to King Henry In the midst of [1.] Ibid. D. An. Do. 1119. October (g) This Pope was [2.] Orderic f. 848. A. Guido Arch-Bishop of Vienne in Dauphin seated upon the River Rhone a Frenchman and chosen the Second of February then last past he was Son to William Duke of Burgundy whose Mother was Alice Daughter of Richard the Second Duke of Normandy Calixtus the Pope with the Roman (h) By the Roman Senate Ordericus means * Ibidem the Colledge of Cardinals many of whom he names and says it was their special Prerogative to chose and Consecrate the Pope Senate came to Rhemes stayed there fifteen days and held a Council There were fifteen Arch-Bishops and more than two hundred Bishops An Ecclesiastical Council at Rhemes with many Abbats and Dignified Men of the Church for by the Popes Command they were called out of Italy Germany France Spain Britany and England the Isles of the Ocean and all the Western Provinces [3.] Ibidem King Henry's Prohibition and Directions to his Bishops in this Council The King of England indeed permitted the Bishops of his Kingdom to go to the Synod but did altogether prohibite them to make any Complaints of any sort whatever telling them he would do every one that complained Right in his own Land [4.] Ibid. fol. 858. A. That he paid yearly the Revenue those that had gone before him had granted to the Roman Church And yet says he I hold the Priviledges in like manner acknowledged due to me in ancient times declaring the further Liberty he gave them in these words Go ye salute the Pope in my name and only hear his Apostolical Precepts but bring none of his new Inventions into my Kingdom In this Council the King of France accompanied with his [5.] Ibidem C. D. The King of France in this Council complains of the King of England Barons came and made his Complaint against King Henry That he was his Confederate and yet committed many Spoils and Rapines upon his Subjects That he violently invaded Normandy that was a Fee of his Kingdom That against all Law and Right he detestably Treated Robert Duke of Normandy that was his Vassal and Henry's Lord and Brother That he had taken and a long time detained him in Prison And behold says he William the Son of the Duke who I present here before you he hath utterly disinherited and banished By
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
Married [1] See here f. 291. C. D. Alianor Sole Daughter and heir to William Earl of Poicton and Duke of Acquitan about Whitsunday in the year 1151. after she had been lawfully divorced from Lewis the 7th King of France about the Close of Easter Preceding By [2] Chron. Norm f. 989. B Mat. Westm A. D. 1152. William whom he had William his Eldest Son born on the Octaves of St. Laurence or 17th of August in the year following 1152. before he was King This William Dyed in the latter end [3] Chron. Norman f. 992. B. of June or beginning of July 1155. and was Buried in the Monastery of Reading at the Feet of King Henry the First Henry Henry by the same Alienor was born at London on the day before the [4] Ibidem f. 991. lin 1. Kalends of March i. e. the 28th of February 1154. Mat. Westm says 1155. On the [5] Ibidem A. tenth of April following King Henry caused his great men of England at Wallingford to Swear Fealty for that Kingdom unto his first born William and after his Death unto this Infant Henry In August 1157 the two [6] Ibidem f. 994. A. and here f. 300. D. Kings of England treated of a Marriage between this Henry and Margaret Daughter of King Lewis by Constance his Second Wife Daughter of Alfonso King of Spain And the next year A. D. 1158. the [7] Mat. West A. D. 1158. Marriage was * See here f. 303. B. C. Solemnized or rather according to the same Author A. D. 1160. He Dyed without Issue Richard the Third Son by the same Woman was [8] Chron. Norman f. â—93 D. Mat. Westm A. D. 1156. born in September according to the Norman Chronicle A. D. 1156. Richard which could not be so if Mat. Westm writes true for he says his eldest Daughter Maud was born that year Richard married Berengaria Daughter to the King of Navarre [9] Radâ— de Diceto Col. 657. n. 30. whom his mother Queen Alianor carried after him to Sicily when he was in his expedition to the Holy Land and was married to her afterwards in the Isle of Cyprus but dyed without Issue According to Ralph de Diceto * Ibidem Col. 531. n. 20. he was born in the year 1157. at Oxford Geofry the 4th Son of the same King and Queen Geofry was [1] Chron. Norm f. 994. B born on the ninth of the Kalends of October or 23d of September A. D. 1157. or more truly according to [2] Col. 531. n. 30. Ralph de Diceto in the year 1158. He was by his Fathers Contrivance [3] See here f. 305. C. Married to Constance only Daughter and heir of Conan Earl of Britany and Richmond When he was killed he left her great with Child of [4] Walsingh f. 452. n. 30. Hov. f. 361. b. n. 10. which she was Delivered on Easter Day 1187. and he was named Arthur who was taken Prisoner in the year 1199. at Mirabell Castle in Normandy and as it was reported [5] Chron. Norm f. 1005. D. Walsingham ut supra f. 459. lin 5. A. D. 1203. killed by his Uncle John with his own hands This Geofry had also a Daughter named Alianor only Sister and heir to this Arthur she was sent by her Uncle King John into England and imprisoned where she Dyed in the [6] Mat. Paris f. 574. n. 40. John year 1241. in the 25th of Hen. III. a Virgin John the fifth and youngest Son of this King and Queen was [7] Genealog Histor f. 81. Mat. Paris f. 127. lin 6. born at Oxford on Christmass Eve in the year 1166. Their Daughters MAud the eldest [8] Rad. de Diceto Col. 531. n. 20. born A. D. 1156. and was Married to Henry Duke of Saxony [9] Hoved. f. 282. a. n. 40. in the year 1164. Alianor the Second Daughter was [1] Rad. de Diceto Col. 533. lin 6. born in the year 1162. and was Married to Alphonso [2] Hoved. f. 317. a. n. 50. King of Castile in the year 1176. Joan the Third Daughter was [3] Rad. de Dicet Col. â—39 n. 30. born in the year 1165. she was Married to William [4] Hoved. f. 315. a. n. 10. King of Sicily in the same year 1176. His Base Issue WIlliam [5] Dugd. Baron Tome 1. f. 175. Col. 1.2 Longespee or Long-Sword so named from the Long-Sword he did usually wear begotten of fair Rosamund Daughter of Walter Lord Clifford To whom [6] Ibidem Hoved. f. 436. b. n. 50. King Richard his half Brother gave in Marriage Ela the Daughter and heir of William Earl of Salisbury and with her the Earldom Geofry another Base Son was Born of the same Lady he was Bishop Elect of Lincoln from the [7] Hoved. f. 307. b. n. 10 20. f. 348. b. n. 30 40. year 1174. to the year 1181. without being in Orders or Consecrated when he renounced his Election by the Kings Advice and the Popes Mandate to the Arch-Bishop of Canturbury That he should Either take Orders and be Consecrated or renounce And then the King gave [8] Ibidem f. 349. a. n. 10. him his Chancery dedit ei Cancellariam suam and 500 marks of Rent in England and as much in Normandy Morgan was also reported to be a Son of this King Henry but by what woman not Known to whom his Brother Geofry then Arch-Bishop of York gave the Provost-ship of Beverly [9] Ibid. f. 468. a. lin 1. A. D. 1â—â—2 Praeposituram Beverlacensem Gaufridus Eboracensis Archiepiscopus Dedit Morgan fratri suo filio Henrici Regis â—t Dicebatur THE REIGN OF King Richard I. AFter the Funeral of his [1] Hoved. f. 373. a. n. 10. Father Richard secured Stephan de Turons of Tours or as Mat. Paris Stephan de Turnham Seneschal of Anjou and loaded him with Irons until he delivered the Castles and Treasure of his Father The Castles and Treasure of his Father delivered to Duke Richard which he had in his Custody and squeezed him to the last Farthing Then he came to Roven where Walter Archbishop of that Place in the presence of the Bishops Earls and Barons of Normandy girt him with the Sword of that Dukedom on the 20 th of July He is girt with the Sword of the Dukedom of Normandy A. D. 1189. and the Day after he received the Oaths of Fidelity or Fealty from the Clergy and Laity à Clero Populo And on the 3 d Day which was thâ— 22 d of that Month he met the King of France between Chaumont and Trie in Vâ—uxin Francois in which Treaty [2] Ibid. n. 20. he Demanded of the Duke the Town and Castle of Gisors with the Country about it who unwilling to part with that Fortress added Four Thousand Marks in Silver to the Twenty Thousand his [3] See here f. 349. lin 1. he pays
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
to keep them to the Kings Vse [7] Ibid. f. 444. a. n. 40. A. D. 1198. The other by Geofrey Fitz-Peter to the assistance of William de Bruosa an English Baron whom Wenhunwin son of Cadwalan had Besieged in Maud Castle where above 3000 welch were in fight and slight Much Money was Raised by Seizures Fines and Compositions and the Sale of his Demeasnes His Issue By the Procurement of his [8] Ibid. fol. 392. a. n. 10. Mother Alienor he Married Berengaria Daughter of Sanctius King of Navarre in the Isle of Cyprus [9] Ibid. f. 394. a. n. 10. A. D. 1190. on the 12th of May and there was Consecrated and Crowned Queen of England by Iohn Bishop of Eureux with other Forreign Bishops his assistants but by her he had no Issue She was with him in the Holy Land and came as far as Sicily in her passage to England But afterwards we hear not of her until the third of King Iohn when he compounded with her for her Dower Philip he had a Base Son as Hoveden [1] f. 452. b. n. 30. affirms to whom he gave the Castle and Honor of Cuinat but of whom begotten or when and where born he saith not Philippus filius Richardi Regis Angliae Nothus cui praedictus Rex pater suus dederat Castellum Honorem de Cuinac c. Other Issue of his I find not or what became of this Philip. THE REIGN OF King John AFTER the Death of King Richard [1] Hoved. f. 450. b. n. 10. A. D. 1199. Iohn Earl of * The old Monks never call any one King of England or Duke of Normandy until Crowned or invested for it was their opinion he was not so and that he Received his Kingship c. from his Consecration Unction and Coronation and by that means from the Archbishop as an Instrument and the Church of Rome as the Original of it and all Secular Government Moreton the fourth and youngest Son of King Henry the Second came into Normandy and presently sent Hubert Archbishop of Canturbury and William Marshal Earl of Striguil into England who with Geofrey Fitz-Peter the Justiciary and other Barons were to Keep that Nation in Peace Out of Normandy he went to Chinon in Tourain where was the Treasure of his Brother in the Keeping of Robert de Turnham who delivered it to him with the Castles of Chinon and Saumur and other Castles At the same [2] Ibid. n. 20. The Nobility of Normandy adhere to Arthur Duke of Britany time his Nephew Thomas de Furnes Delivered the City and Castle of Anger 's to Arthur Duke of Britany for in a Convention of the Chief men of Anjou Tourain and Main They acknowledged it to be the right and Custom of their Countries for the Son of the Elder Brother to succeed in the Patrimony due to him and That Arthur ought to possess the Inheritance which his Father Geofrey should have had if he had out-lived his Uncle Richard and therefore owned and adhered to him as their Liege Lord and Delivered to him Anjou Tourain and Main [3] Ibidem Constance the Mother of Arthur brought him to Tours and Delivered him to Philip King of France he sent him to his Son Lewis to be Kept at Paris and seised his Citys Castles and Fortresses and placed in them Castellans and Governors of his own In Revenge [4] Ibidem John Earl of Moreton takes and demolishes Main Iohn Earl of Moreton came to Main took the City and Castle and Demolished the Walls of the City the Castle and all the Stone Houses and made many of the Citizens Prisoners for that they had received Arthur contrary to the Fidelity made to him From thence he went to Roven and on the 25th of April [5] Ibid. n. 30. He is girt with the Sword of Normandy was girt with the Sword of the Dukedom of Normandy by Walter Archbishop of that City And he Swore before the Clergy and Laity coram Clero populo upon the Reliques of Saints and the holy Gospels * This was the Oath of the Dukes of Normandy and if the Conqueror took any it was this and in Substance 't is he same with the Oath of all our Antient Kings That he would preserve from Injury holy Church and the Dignities thereof That he would exercise right Justice Destroy evil Laws and ordain good In the mean time Hubert Archbishop of Canturbury and William Marshal who had been sent into England [6] Ibidem n. 40 50. The Nobility and Free Tenents of England Swear Fealty to him Caused the men of the Kingdom or Government fecerunt homines Regni as well of Cities as Burghs and Earls Barons and free Tenents to swear fealty and peace to Iohn Duke of Normandy the Son of King Henry the Son of Maud the Empress against all men yet all the Bishops Earls and Barons that had Castles provided and furnished them with Men Victuals and Arms. And therefore the Archbishop William Marshal and Geofry Fitz-Peter Justiciary of England met at Northampton and called before them such as they most suspected who were David the King of Scots Brother Richard Earl of Clare Ranulf Earl of Chester William Earl of Tutesbury Walran Earl of Warwic Roger Constable of Chester and William de Mowbray and many other Earls and Barons and there assured them that Duke Iohn would restore to every one their right Upon that * See Exact History of Succession fol. Bargain or Condition sub hac igitur conventione the foresaid Earls and Barons swore Fealty to Iohn Duke of Normandy and faithful Service against all men William King of Scots sent his [7] Ibid. f. 451. a. lin 2. The King of Scots sent Envoys to demand his Patrimony of Duke John But are denyed passage into Normandy Envoys to Duke Iohn to demand his Patrimony That is Northumberland and Cumberland with their Appertinencies and promised then to swear fealty and faithful service to him against all men But the Arch-Bishop William Marshal and Geofrey Fitz-Peter would not suffer them to pass into Normandy and sent to him by his Brother David That he should wait patiently until he came into England The like Message Duke Iohn sent to him by his Son in Law Eustachius de Vesci That in all things he would satisfie his Requests when he came into England if in the mean time he kept the Peace On the 25th of May Duke Iohn [8] Ibid. â— 20. Duke John Landeth in England and is Crowned King Landed at Shoreham in Sussex the next Day went to London and on the 27th of May being Ascension Day was Consecrated and Crowned by Hubert Archbishop of Canturbury at Westminster For the particulars of his Coronation I refer the Reader to the Exact [9] f. 375. B. C. History of the Succession of the Crown The same day King Iohn [1] Hoved. f. 451. a. n. 40. The antient way of Creating Earls and
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
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
published in the Castle of Kenelworth on the 31 of October in the year of Grace 1266 and of the Reign of King Henry 51. This Award had not its desired Effect The Disinherited in the Isle of Ely would not submit for many of the Disinherited that had got into the Isle of Ely as was said before continued there and made Excursions and wasted and plundered the Countries round about and would not submit unto it Hereupon [1] Paris f. 1001. n. 40. Bishops that favoured Simon Montfort excommunicated by the Legat. the Legat called a Council at Northampton and Excommunicated all the Bishops and Clercs which favoured Simon Montfort and gave him Assistance against the King and by name John Bishop of Winchester Walter of Worcester Henry of London and Stephan Bishop of Chichester the Bishop of Worcester dyed Febr. 5 th next following and the other three went to Rome to Beg the Popes Favour At the same time also he Excommunicated all the Kings Adversaries whatsoever After that he sent [2] Ibid. â— 1003. n. 30 40 50 and f. 1004. lin 1. The Disinherited in the Isle of Ely admonished by the Legat. Their Answeâ— to him Messengers to the Disinherited in the Isle of Ely and admonâ—shed them to return to the Faith and Vnity of the holy Mother Church To this they answered They firmly held the same Faith they learned from the holy Bishops Saint Robert that is Grostest or Grouâ—head of Lincoln St. Edmund and St. Richard both Arch-Bishops of Canterbury and other Catholic men That they believed the Articles of Faith conteined in the Creed the Gospels also and Sacraments which the Vniversal Church held and believed they did Believe and in that Faith would live and die Secondly He admonished them to return to the Obedience of the Roman Court Romanae Curiae To this they Answer They did Obey the Roman Church as the Head of all Christianity but not the Lust Covetousness and Exactions of those that ought to Govern it Thirdly He admonished them to return to the Kings Peace according to the late Award To this they Answer First That the Legat was sent into England to make Peace but he rather kept up the War because he manifestly joyned with the Kings party and incouraged it and in so doing maintained the War Secondly they Answer The Award was void for that the Pope commanded the King and Legat that none should be Disinherited and they had such a Fine set upon them as it amounted to a Disinheriting Fourthly He admonished them to receive Absolution from the sentence of Excommunication pronounced against them according to the Form of the Church To this they Answer Their first Oath that was to maintain Oxford provisions was for the Advantage of the Kingdom and the whole Church and all the Prelates of the Kingdom thundered out the Sentence of Excommunication against all those that should act contrary thereto that they resolved to stand to that Oath and were ready to Die for it and Exhort the Legat to revoke his Sentence otherwise they would Appeal to the Apostolic See or to a General Council or the Supreme Judge Fifthly He admonished them not to commit any more Roberies nor damnifie any one To this they answered That when as they fought for the Benefit of the Kingdom and Church they ought to live upon the Goods of their Enemies which deteined their Lands From Answering they proceed to [*] Ibid. n. 10 20. They urge the Legat to admonish the King Their insolent Demands urge the Legat to admonish the King to remove Strangers from his Council and they themselves admonish the Legat that their Lands may be Restored without Composition that Oxford provisions might be observed that they might have Pledges or Hostages sent them into the Isle for Security that they might peaceably injoy it for five years until they saw how the King would keep his promises and then make the same Complaints that Montfort and the Barons made many years before and enumerated the common pretended Grievances of men of their temper and desire they might be Redressed A. D. 1267. 51 Hen. 3. Toward the Spring the King was in extreme want of Money and the Legat being in the Tower of London he wrote to him from Cambridge to receive all the [3] Pat. 51 Hen. 3. m. 24. Dorâ— The King forced to pawn his Jewels for money Jewels and other precious things he had there and in the Abby of Westminster and to pawn for as much as he could and caused those that had them in their Custody to deliver them to him and in the same Letter wrote to him that concerning the State and Liberties of the City of London he would do what was expedient in instanti Parliamento apud Sanctum Edmumdum in the Parlement forthwith to be holden at St. Edmunds Bury This Letter is Dated March the 8th Teste Rege apud Cantebrigiam Some or it may be all the Transactions of this Parlement the [4] f. 1002. n. 30 40 50. Continuer of Mat. Paris relates thus though somewhat preposterously which is a frequent fault in their Historians The King caused to be summoned the Earls Barons Arch-Bishops Bishops Abbats all that ought him Military Service A Parlement called at St. Edmund Bury to meet at St. Edmunds Bury with their Horse and Arms to go against those which against his Peace had seised the Isle of Ely All others obeyed the Kings Command but the Earl of Glocester who was in the Confines of Wales raising a great Army and did not come John Waren and William de Valentia were sent to admonish him to come ad illum Parliamentum to that Parlement but could not prevail They could only obtein his Letters Patents sealed with his Seal literas patentes sigillo suo signatas acceperunt in which he promised never to bear Arms against his Lord the King nor his Son Edward unless in his own Defence When those that were summoned to the Parlement met Abadunatis Qui ad Parliamentum citati fuerant except those in Rebellion The King and the Legat required their compliance with these Articles First That the Prelates and Rectors of Churches What demands were made by the King and Legat and the Answer to them should grant them sibi conciderent the Tenths of their Churches for three years next to come and for the year last past as they gave the [5] In September the 49 of Hen. 3. See in the year before Barons to keep the Coast against the Invasions of Strangers To this they answered That the War began by Evil Desires and did then continue and for that Reason it was necessary to lay aside these Evil Demands and Treat of the Peace of the Kingdom and make use of the Parlement to the Benefit of Church and Kingdom and not to Extort Money especially when the Nation was so much destroyed by War that if ever it must be a long time before it could
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
been abused and ill treated and told them what a stripling the King's Son was and how he was accompanied and governed by very young men in whom was no Gravity or Sobriety no Stanchness or Prudence by which they or their Country might be safe and secure These three Princes [8] Ibid. f. 808. l. 1. c. Those three Princes were prepared to come to John and acknowledge their subjection to him But were diverted by the ill usage of the Irish were then prepared to come and wait upon Earl John to acknowledge their subjection and pay their Duty to him But hearing this news and suspecting what might be the end of such beginning concluded to joyn together against the English and enter into a League of Defence of their Liberties and Country and now became Friends who before were Enemies Upon these Misdemeanors [9] Ibid. n. 50. King Henry removed the young men from the Affairs of Ireland and puts in experienc'd men John de Curcy made Governor of Ireland King Henry removed these young People that understood not the Affairs of the Nation and put in experienced men who had been employed in the Conquest of it to manage them and made John de Curcy Chief Governour of Ireland who with the Army scowred the Countries of Cork Limeric and Connaught and made them quiet At the time of committing these Extravagancies [1] Ibid. f. 809 n. 30 40. Three different Interests in Ireland there were in Ireland three different Interests and three such as then they called Armies one of the Normans another of English and a third of Welsh The first were in great Favour the second in less and the third in none at all The Normans were Luxurious drinking much Wine they refused to be placed in the Marches or Borders against the Enemy or in Castles far from the Sea they were always with and not to be separated from the Kings Son They were great Talkers Giraldus Cambrensis his Character of the Normans in Ireland The first Subduers of Ireland discontented John the Kings Son did nothing considerable in that Nation Boasters and Swearers very Proud and Contemners of all others greedy of Places of Honour and Profit but backward in undertaking any hazardous or dangerous Action or performing any Service that might deserve them and for these reasons the old Militia that first invaded the Island seeing themselves neglected and slighted and the new men only caressed sate still and acted not so as Earl John made small progress in the further subduing of that Country After this Giraldus Cambrensis tells us how Ireland was to be compleatly conquered and how to be governed and then shuts up his History in these words Finem igitur hic Historiae [2] Ibid. f. 811 n. 10. ponentes Dum ea quae scimus loquimur quae vidimus fideliter testati sumus novis de caetero Historicis tam indolis egregiae gesta futura digno coaequanda explicandaque stilo nunc relinquamus In his Topography of Ireland he is frequently Fabulous and Romantick relying upon Tradition common Story and Relations of the People The greatest part of his History is undoubtedly a true Narrative of things done though it is tedious to read being written in long Tropical Sentences and as it were Quibling Convertible and Gingling Latin which was the Eloquence of those times I have as it were Epitomized him in this Relation of the Conquest or Acquest of Ireland not having heard of or found any other that hath given so good an Account of it He tells many times of strange Victories obtained by very few men against great Numbers which Stories may have some allowance if we consider how fearful the Irish were of Bows and Arrows which killed and wounded at distance The * The Irish Arms were only a short Lance two Darts and a sharp Hatchet which they used with one hand and they threw Stones when their Arms failed such as they could grasp in one hand which they had always ready Cambren Topograph Hibern Distinct 3. c. 10. f. 738. n. 50. use whereof they seemed not to know before they had been taught it by frequent Fighting with the English and how they were confounded and amazed at the Arms charging and management of the Horse-men until for some time they had been used to them and began to understand it Hoveden [3] F. 359. a. n. 50. b. n. 40. A. D. 1185. John the Kings Son returns out of Ireland The Pope by his Bull gave King Henry leave to make which Son he pleased King of Ireland And sent a Crown of Peacocks Feathers interwoven with Gold says that King Henry after the return of his Son John out of Ireland without doing any thing considerable there hearing Vrban was chosen Pope sent to him and obtained many things which his Predecessor Lucius would not grant amongst his Favours one was That he had leave confirmed by his Bull to make which Son he would King of Ireland and as an Argument and token of this Concession and Confirmation he sent him a Crown of Peacocks Feathers interwoven with Gold There is nothing more to be found of this Hugh de Lacy but his [4] Annal. â—ibeâ—n A. D 1186. Hugh de Lacy his strange Death Death which the Annals of Ireland tell us happened in this manner when he was very busie and intent about building the Castle of Dervath and finding the Irish he employed in preparing the Ground and doing other things toward the erecting of it very unskilful at the use of the Tools and Instruments they wrought with he himself undertook to shew them how they were to work with them and while he took a Pick-Axe out of the hand of one of them to shew him the use of it and striking with it held it in both his hands His Head was cut off by an Irish Laborer and stooped inclining his head the man chopt it off with an Hatchet or Irish Axe Cambrensis that I know of hath not the full Relation of this Story but in his Recapitulation of things done in Ireland this is [5] Lib. 2. Hibeâ—n Expugn c. 34. f. 807. n. 20. one among the rest where he saith thus De Hugonis de Lacy à securibus male securi Dolo Hibernensium suorum apud Dervath Decapitatione Not long after Roger Poer who under this [6] Ibid. c. 20. Roger Poer treacherously slain by the Irish Hugh commanded the Forces at Lethlin in Ossory was treacherously slain and amongst others is by Cambrensis reckoned as one that lost his Life [7] Ibid. f. 810 n. 50. c. 37. by the Treachery of the Irish In the year 1187. after Christmass [8] Hoveden f. 361. b n. 40. Two Cardinals sent by the Pope to Crown John King of Ireland His Coronation deferred by his Father He was only Lord of Ireland Pope Vrban sent into England Octavian Sub-Deacon Cardinal and Hugh de Nunant afterward Bishop of Coventry
his Legats with power to pass into Ireland and Crown John the Kings Son But his Father deferred the Coronation and carried the Legats into Normandy to a Conference between him and Philip King of France So that not being Crowned John contented himself with the Title of Lord of Ireland ever after Besides the Title of Conquest King Henry's [9] Girald Cambr. lib. 2. c. 32. f. 806. n. 20. Henry the Second his Title to Ireland Title of meer Right was That Richard Earl Strongbow who married Eva the Daughter and Heir of Dermot Mac Murchard King of Leinster granted all his Right and Title to him and the rest of the Princes in a short time after voluntarily subjected themselves to him and gave him an irrefragable Title A Catalogue of many of the Chief Adventurers in the Conquest of Ireland made out of Giraldus Cambrensis as it is to be found in Camdens Description of that Kingdom and in Dr. Hanmer f. 136. Corrected in many places Half Brothers by the Mother Ann. Dom. 1170. RObert Fitz-Stephan Maurice Fitz-Gerald David Barry Hervy de Monte Marisco Married Nesta Daughter to Maurice Fitz-Girald William Nott. Maurice de Prendregast Meyler Son of Henry Fitz-Henry who was Son of King Henry 1st by Nesta Mother to Robert Fitz-Stephan and Maurice Fitz-Girald Reymond le Gosse Nephew to Robert Fitz-Stephan Married Basilia the Sister of Earl Strongbowe William Ferrand Richard Strongbowe Earl of Stiguil alias Chepstow Brethren and Nephews to Robert Fitz-Stephan and Maurice Fitz-Girald Miles Cogan alias Cogham Richard Cogan alias Cogham Henry Second King of England Ann. Dom 117â— Hugh de Lacy. William Fitz-Adelm Ralph Abbat of Buldewas in Normandy Ralph Arch-Deacon of Landaf Nicholas the Kings Chaplain Humphry de Bohun Robert Fitz-Bernard Hugh de Gundevilla Philip de Breusa alias Braosa William de Breusa alias Braosa Philip Hastings Silverster Giraldus Barry Cambrensis Director or Tutor to John the Kings Son John Redensford William Fitz-Maurice Eldest Son to Maurice Fitz-Girald he Married Alnia the Daughter of Earl Strongbow Cambren lib. 2. c. 5. Two other Sons of Maurice Fitz-Girald Girald Alexander Griffin the Son of William Fitz-Maurice Brethren Adam Hereford Hereford Purcell Nicholas Wallingford a Prior afterward Abbat of Malmsbury David Welsh Nephew to Reymond le Grosse Geofry Judas Reymond Kantitunensis Reymond Fitz-Hugh Miles of St. Davids Osbert of Herford alias Haverford West William Bendeuges Roger Poer alias Puyer Adam of Gernemie alias Gernemne Hugh Tirell John de Courcy Almeric alias Amoric de Sancto Laurâ—ntio though not found in Cambrensis Hugh Cantwell Redmond Cantimore Church Affairs in this Kings Reign whereof the chief and greatest are conteined in the Brief but Clear Account of the Life and Death of Thomas Becket Archbishop of Canterbury IN the Second year of his Reign Ann. Dom. 1155. King Henry to the Honor of God and Holy Church and for the Emendation of his whole Kingdom Granted and confirmed to God [1] Append. N. 40. King Henry's Grant to Holy Church and to the Earls Barons c. and Holy Church and to all Earls and Barons and all his men omnibus hominibus meis All the Customes omnes Consuetudines which his Grandfather King Henry Gave and Granted to them by his Charter and abolished all ill Customes and therefore Willed and firmly Commanded That Holy Church and all Earls and Barons and all his men or feudataries should have and hold all those Customes Donations Liberties and free Customes freely quietly wholly and in peace of him and his heirs to them and their heirs so freely quietly and fully in all things as King Henry his Grandfather gave and granted and by his Charter confirmed unto them About the Year 1162. certain 2 Gul. Neubr lib. 2. c. 13. A. D. 1162. A Sect called Publicans came out of Germany into England Wandring people called Publicans came out of Germany into England which had infested many parts of France Spain Germany and Italy with their Doctrines They were in number about thirty men and women who dissembling their Design came peaceably into the Nation under the Conduct of one Gerard who they respected as their Master and Leader He was somewhat Learned but the others were unlettered ignorant meer Rusticks who spake the Teutonie Language and were of that Nation They had been some time in England yet Converted one Woman only Being discovered they were put in Prison The King not willing to Dismisse or Punish them without Examination They were Convented before the Bishops Their Opinions Convened a Council of Bishops at Oxford before whom they were Convented touching their Religion where Gerard undertaking the Cause and speaking for them all Answered they were Christians and had a veneration for the Apostolic Doctrine and being interrogated concerning the Articles of Faith they answered rightly as to the Substance of them concerning God * De Divinis Sacramentis perversa dixerunt Sacrum Baptisma Eucharistiam Conjugium detestantes but as to the Divine Sacraments they spake perverse things Abhorring and Detesting Baptism the Eucharist and Marriage and Derogating from the Vnity of the Church When they were urged with the Testimonies of holy Scripture they Answered they Believed as they had been Taught and would not dispute concerning their Faith Being admonished to return to the Vnity of the Church they despised all advice And being Threatned they Laughed that for Fear they should be brought to Repent saying Blessed are they that suffer Persecution for Righteousness sake for theirs is the Kingdom of Heaven Then [ ] Ibidem The Bishops pronounce them Heretics They are delivered to the secular power They are Burnt in the Foreheads and Whipâ— They rejoyce at their punishment the Bishops publickly pronounced them Heretics and Delivered them over to the Temporal Power to be Corporally punished The King Commanded they should be Burnt in the Forehead with the Mark of Heretics and be Whipt out of the City in the Sight of the people strictly forbidding every person to give them Lodging or any other Comfort They Rejoyced at the Execution of the Sentence and made hast through the City their Leader singing before them Blessed shall ye be when men hate you who was doubly Cauterized in the Forehead and Chin. It was in the Depth of Winter and they miserably perished none affording them succour The Life Actions and Behaviour c. of Thomas Becket Arch-Bishop of Canterbury THomas [4] Gul. Fitz-Steph p. 1. Col. 1. Becket was the Son of Gilbert sometime Sheriff of London [5] Ibidem Tho. Becket Educated at Paris Clerc to the Sheriffs of London In his Childhood he was taught in his Fathers House and the City Schools in his Youth he Studied at Paris Upon his return he was in part received into the care of the Government of the City of London and was made Clerc to the Sheriffs and their Procurator Accountant or Manager of that Office in which he behaved himself
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