for the favour of man thou shouldest keep silent concerning the honor of God I Repent father Pardon me I beseech you and absolve me from this fault from this hour I offer you my self and my Kingdom He raised the King and absolved him Within a few dayes it was [5] Ibid. Col. 1407. lin 1. The Design of the King of France his hypocrisie told the King of France that the King of England had broken all the Covenants he had made with the Poictovins and Britans in the Treaty at Mount-Mirall by his Mediation whereupon he magnifyed Thomas for what he had told him concerning the King of England who sent to him [6] Ib. N. 10. to let him Know that he much wondred he should keep the Arch-Bishop in his Country who had so Contumaciously refused the Peace offered unto him The King of France bad his Envoyes tell their Master That seeing he stood so much upon Customes which he called ancient he would not abate any thing of the ancient liberty of the Kings of France which was to Relieve all Banished persons Especially Ecclesiastics Now was the time of the Arch-Bishops thundering out his Excommunications and urging the Pope to interdict the Kingdom The Kings of [7] Ibid. Col. 1408. N. 10. The King of France Mediates Peace England and France met again at the Mont of Martyrs apud Montem Martyrum and amongst other things Discoursed of restoring the Arch-Bishop King Henry granted the Arch-Bishop should return in peace and with security and injoy his Bishopric with the same liberty it could be made appear any of his Predecessors injoyed it and promised to give 1000 marks toward the expences of his Return He Demanded 30000 and said unless he restored what he had taken away his sin could not be remitted [8] Ib. N. 20 30 40. All things were agreed But the King of France and the great men of both Kingdoms perswaded him to Quit his Demands When all things were agreed The Arch-Bishop by the Popes Command required Caution for the Confirmation of the Peace when every one said a Caution was not to be Exacted and that the Kiss of Peace The King of England excuseth his not giving the Kisse of Peace to the Arch-Bishop osculum pacis sufficed which was intimated by 〈◊〉 King of France to the King of England he said he would willingly do it because in his anger he had publicly sworn he would never Kiss the Arch-Bishop although he should make Peace with him and receive him into favor And yet notwithstanding that he would not retein any Rancor or Malice against him The King of [9] Ibidem He would not accept the Peace without the Kiss France and other Mediators suspecting Poyson in the fair words of the King reported them as they were to the Arch-Bishop neither persuading one thing or other The Arch-Bishop would not accept the Peace without the Kisse and so all parties went their several ways without finishing of the Peace and the King of France sent his Letters and Messengers with those of Thomas to the Pope beseeching he would make no longer delay in the Sentence against him [1] Ibidem n. 50 60. The King of France and Arch-Bishop of Sens excite the Pope against King Henry And the Bishop of Sens went in person to prevail with the Pope to Interdict England unless Peace was restored to the Church Whereof King Henry having notice sent into England a severe Edict or Precept [2] Append. n. 54. against bringing into it any Letters or Mandates from the Pope or Arch-Bishop relating to an Interdict making all both old and young swear to the [3] Chron. Gervas ut supra n. 60. observation of every Article On the [4] Ibidem Col. 1410. l. 5. A. D. 1170. These old Monks began the year at Christmass third of March A. D. 1170. King Henry landed in England The Pope hearing of his Passage thither lost the Church might any longer suffer wrong he renewed his Mandate [5] Ibidem n. 10. The Pope sends the Arch-Bishop of Rouen and Bishop of Nevers into England That if the King submitted not to Interdict his Nation to the Arch-Bishop of Rouen and Lord-Bishop of â—evers commanding them if it were needful to pass over into England and admonish the King of Peace which Epistle or Mandate is to be found in the 5 th Book of Quadrilogus and in the Appendix n. 57. By it they were injoyned by virtue of their Obedience within Twenty days after the receit thereof to hasten to the King And if he would not make full Restitution of his Possessions to the Arch-Bishop and others and also Kiss him or if he used any Art or Shuffling then they were by St. Peters Authority and his to pronounce the Sentence of Interdict without contradiction of Appeal against England and they were to prohibit the celebration of all Divine Offices except the Baptisme of Infants and Pennance to dying People And if the Arch-Bishops and Bishops did not observe the Edict and cause those under their care to observe it They were to suspend them and upon neglect afterwards to Excommunicate them It bears Date the 10 th of May. About the middle of [7] Ibidem Col. 1411. n. 60. By Letters they acquaint the King with the Popes Command He stays them beyond Sea and promiseth to come over to them and make peace June being ready for their Journey the King received Letters from them in which they acquaint him with the command they had from the Pope he wrote back to them not to expose themselves to the danger of the Sea promising he would suddenly be with them and consent to a Peace with the Arch-Bishop by their Advice Hoveden [8] f. 295. a. n. 10.20 King Henry feared an Interdict and Appeals to the Pope for himself and Kingdom says in the year of Grace 1169. King Henry fearing lest Thomas shoul pronounce sentence of Excommunication against his Person and of Inderdict against his Kingdom Appealed for himself and Kingdom to the presence of the Pope and sent Messengers to Request him to send one or two Legats to hear the Cause between him and the Arch-Bishop and to determin it to the honor of God and Holy Church and that in the mean time such as were Excommunicated might be Absolved The [9] Append. n. â—5 The Popes Answer to him Pope wrote back to him That he had Received his Messengers Iohn Cumin and Ralph de Tamworth and promiseth he would send Legats with full Power to hear and determin the Cause and declared That if in the mean time the Arch-Bishop should denounce any Sentence against him In which he makes him kind promises That were to be kept secret or his Kingdom or any persons thereof it should be void and then desired him to make these Letters a great secret and not to shew or let any one Know of them but in great necessity and promiseth that his
Procurators returned without [7] f. 681. n. 30. a satisfactory Answer yet at length he [8] f. 696. n. 10 20 30 40. The Popes Grant to Patrons of Benefices iâ— England Granted that all Patrons both Lay and Ecclesiastic should present whom they would to Ecclesiastic Benefices without the Let or hinderance of him or his Legats But afterwards with a Non [8] f. 668. n. 20. Obstante to this privilege he totally destroyed it when ever he had a Mind to prefer any of the Italian Clergy About the Beginning of July the King [1] fol. 660. n. â—0 Clau. 29. Hen. 3 M. 8. D. The King prepares for an Expedition into Wales Summoned all the Earls Barons Knights and others that held of him in Military Service and Serjeanty to March with him into Wales or to send their Service The Welchmen kept themselves upon their Mountains and in their Woods and fastnesses and took their Opportunities now and then to Destroy some Parties of the English and all that King Henry did in 10 Weeks time was to [2] f. 682. n. 20. f. 683. f. 684. n. 30. build the Castle of Bannoc which when he had finished and put a strong Garrison into it he returned into England having destroyed all the Victuals and Forrage upon the Borders and in those parts of Wales where he had been and returned into England with his Army At the same time the Irish by the King's Command landed in the Isle of Anglesey which was the place of Refuge for the Welch and burnt and destroyed the whole Country In the Spring following [3] f. 695. n. 40. A. D. 1246 Prince David dyeth without Issue died David Prince of b. The Prince of Northwales was the [7] Dr. Pow. Hist of Wales p. 315. Superior of all the Princes of Wales to whom the other Princes of South Wales and Powls paid a certain Tribute yearly as appears in the Laws of Howel Dha Northwales without Issue in whose place the Welchmen chose the Son of Griffin Prince of Wales Dr. Powel says from the British History That the Lords and Barons of Wales upon the Death of David came together and chose [ ] History of Wales p. 314. Owen and Lewelin who divided the Principality between them and received their Homages This year in a Parlement at London there were severe A Parlement at London Laws made against such as Robbed Parks or Warrens [6] Paris ut supra f. 695. n. 50. lib. Additam f. 156. n. 10. Laws made against Robbers of Warrens and Parks If the Malefactor fled and was Killed there was neither Law or Appeal allowed for his Death If an Earl Baron or Knight complained to the King that his Deer was stoln and Inquisition was made by the Kings Writ if he that was Indicted was Convicted he was to lye in the Kings Prison a Year and a Day and to pay three years value of his Estate having just sufficient allowed out of it to maintain him after which the King was to have two parts and he that received the injury one and then he was to find twelve Sureties that he should never do the like again in Parks Warrens or Forests nor do any thing against the Kings Peace who were to answer for his Body and Transgression And if any one were taken in a Park or Warren without the Kings Writ of Inquisition he was to be Imprisoned Fined and to give Sureties as before On Mid-Lent Sunday a most General Parlement of the whole Kingdom met at London according to Summons [8] Paris f. 698. n. 40 50. A General Parlement held at London where the King Conferred with the Bishops apart the Earls and Barons apart and the Abbats and Priors apart about the Popes not keeping his promises concerning the Removal of their Grievances which were these Papal Exctions and Oppressions First That the Pope not content with the payment of Peter-pence oppressed the Kingdom by Extorting from the Clergy great Contributions without the Kings Consent against the Antient Customes Liberties and Rights of the Kingdom and against the Appeal of the Procurators of the King and Kingdom in the General Council of Lyons Secondly The Church and Kingdom were oppressed in that the Patrons of Churches could not present fit persons to them because they were given by the Popes Letters to Romans who understood not the English Language and carried all the Money out of the Kingdom to the Impoverishing of it Thirdly The Nation was oppressed by the Popes Exaction of Pensions from Churches Fourthly The Church and Nation suffered for that Italians succeeded Italians and the English were forced to prosecute their right out of the Kingdom against the Customes and Written Laws thereof and against the Indulgencies of the Popes Predecessors granted to the King and Kingdom of England Fifthly The Church and Nation infinitely suffered by reason of the Clause of Non obstante which weakned and enervated all Oaths Ancient Customes Written Laws Grants Statutes and Privileges Sixthly The Church and Kingdom suffered for that in the Parishes where the Italians were Beneficed there was no Alms no Hospitality no Preaching no Divine Service no care of Souls nor Reparations done to the Parsonage Houses The Result of the Conferences upon these Grievances was That yet The result of this Conference upon these Grievances for the Reverence due to the Apostolic See they should again Supplicate the Pope by Letters to remove the intolerable Grievances and importable yoak and this was done according to the Kings separate Discourse with them The King wrote by [9] f. 699 700 701. himself the Bishops by themselves the Abbats by themselves and the Earls and Barons by the name of the Vniversity of England by themselves as appears by their particular Letters extant in Mat. Paris But notwithstanding this Appeal [1] f. 681. n. 40. The English Bishops at the Council of Lyons imposed upon by the Pope the Pope just before the Dissolution of the Council of Lyons caused the English Bâ—shops to put their Seals to the Instrument of King John by which he engaged himself and Heirs to pay a Thousand Marks a year to Innocent the Third and his Successors Fulk Bishop of London was very unwilling to do it yet at last he suffered himself to be overcome They then also Signed the Instrument of the Deposition of Frederic the Emperor And yet further to the great prejudice of the King and Kingdom he [2] f. 701. n. 50. A new Oppression of the English Bishops by the Pope sent his Apostolic Commands to the Bishops That some of them should find him 15 others 10 others 5 stout men well Horsed and Armed for one year as the Pope should direct And lest the King should make provision against this Exaction the Bishops were Commanded not to discover it under pain of Excommunication This year by great [3] f. 705. n. 30. The Office of Marescalcie granted
to Earl Roger Bigod Intercession the Marescalcie with the Office and Honor was Granted to Earl Roger Bigod by reason of his Countess ratione Commitissae suae the Eldest Daughter of William the great Earl Marshal Against the great Grievances and Exactions of the Pope [4] f. 706. n. 30. Messengers sent to Rome to complain of Grievances William Powerit and Henry de la Mare were sent to Rome by consent of King Bâ—shops Earls and Barons And in the mean time [5] fol. 707. n. 40. he sent for 6000 Marks which had been charged upon the Bishops by his Clerc Master Martin which so exasperated the King That he [6] Append. n. 174. The Kings Command to the Bishops not to pay any Aid or Tallage to the Pope wrote to the Bishops and Reproved them for not observing his Letters Patents and close by which he had Commanded them to pay no Ayd or Tallage to the Pope and in that Writ commanded them again not to comply with any of his Exactions contrary to the Resolutions of themselves and other Prelates the Earls and Barons made in the Council at London On the 7th of July there was a Council holden at Winchester between the King and [7] Paris f. 709. n. 30. A Council held at Winchester The King prohibits from contributing to the Pope Great men about the Desolation of the Church William de Poweric and Henry de la Mare that had been sent to the Court of Rome were then returned bringing back nothing of moderation from the Pope concerning the oppressions of the Kingdom and Church of England of which they had complained He continued resolute in forcing his Demands which Resolution so moved the King and Great Men That he commanded Proclamation to be made in all Towns Markets and public places no man of the Kingdom should consent to any Contribution to the Pope or send him any Ayd [8] Ibid. n. 40 50. The Pope writeth severely to the English Prelates The King forced to consent to the Popes Exactions But he sharply wrote to the Prelates after he had been advertised of this Proclamation and under pain of Excommunication and Suspension charged them to pay in the Money to his Nuncio at the New Temple London And whereas the King was fixedly prepared to defend the freedom of the Kingdom and Church by the Threats of his Brother Earl Richard and some Bishops but especially of the Bishop of Worcester who as it was said had power to Interdict the Nation he was Baffled and fell in the cause so as the Contribution was paid and the whole endeavor and hope of mainteining the freedom of the English Church and Kingdom came to nothing The Pope taketh an advantage of his easiness And the Pope taking a greater Confidence from what he had already done commanded more [9] f. 716. n. 10 And treateth the Clergy rigorously Imperiously than he were wont to do That all Beneficed Clercs that resided upon their Livings should pay unto him a third part of their Goods and such as did not Reside were to pay one half and appointed the Bishop of London to Execute this his project Who [1] Ibid. n. 20 with some others met at St. Pauls to consider of this matter to whom the King sent John de Lexinton a Knight and Lawrence of St. Martin his Clerc on the Morrow after St. Andrew or 8th of December strictly prohibiting them to consent to that Contribution and so they broke up their meeting to the great satisfaction of all such as were called before them If any man thinks it worth his labor to peruse the Answer of the [2] Ibid. n. 30 40 50. Clergy to this unreasonable Exaction may see it in Mat. Paris About this time the Bishop of [3] Ibid. lin 1. The Bishop of Lincoln maketh an inquisition into the lives of the People Lincoln by the Instigation of the Friers Preachers and Friers Minors made strict Inquisitions by his Arch-Deacons and Rural Deans concerning the Continency and Manners of Noble and ignoble to the great Scandal of them and the blasting of their Reputations The King hearing the grievous complaints of his people concerning these proceedings by advice of his Court sent his [4] Append. n. 175. The King forbid's the Execution of it Writ to the Sherif of Hertfordshire commanding him That as he loved himself and all he had That he should not permit any Lay-men of his Baylywic for the future to meet in any place to make Cognitions or Attestations upon Oath at the pleasure of the Bishop of Lincoln his Arch-Deacons or Rural Deans unless in Matrimonial and Testamentary Causes In 1 fol. 719. n. 20. The King reconciled to the Bishop of Winchester the year 1247. A. D. 1247. King Henry with many of his Great men was the day after Christmass-day entertained at Winchester by the Bishop of that place By this the King signified he had forgotten all former offences and in the presence of the whole Court received the Bishop into his favour At the same time the King [2] Ibid. n. 30. A Council called at London The Bishops absent themselves summoned his Great men Magnates suos and the Arch-deacons of England to meet at London to consider how the Contributions the Pope required should be raised At the day appointed all the Bishops designedly absented themselves that they might not appear openly to confront the Popes desires These Continual exactions of the [3] Ibid. n. 40 50. A general Clamour against the Pope and his Ministers Popes Legates and Collectors opened every ones Mouth against him but especially in France where they did not spare his Holiness but loaded him with bitter reproaches and revilings for the Extortion and Rapine that was practised by his Ministers Insomuch that the [4] fol 720. n. 20. A Decree of the Great men of France against Papal jurisdiction Great men of the Kingdom Omnes regni Majores Decreed and by Oath Established it That No Clerc or Laic for the future should compel any one to appear before an Ordinary Judge or Delegate unless upon the Account of Heresy Matrimony or Vsury upon Forfeiture of all his Goods and loss of one of his Members This resoluteness of the French very much Troubled the Pope [5] Ibid. n. 30. The Popes method to regain the good will of the French so that he endeavoured by all means to soften them into a compliance with him he bestowed many Ecclesiastical Benefices among their Relations and gave them licence to obtain more and other Indulgences besides he was bountiful in his gifts among the Noblemen which brought many over to him from their former Resolution The Day after [6] Ibid. n. 50. A Parlenâ— at London Candlemass the Parliament met at London where the King was informed that the King of France had a design upon Gascoigny and that it would not be only a great reproach but a prejudice to him
Areani were found guilty in this Conspiracy who being corrupted with Rewards often discover'd the condition of the Roman Affairs to the Barbarous People Ibid. lib. 28. c. 7. Theodosius recall'd Theodosius after these Atchievements being recalled was accompanied to the Sea-side with the general Favor and Applause of all Men and passing the Sea with a gentle Gale came unto Valentinian by whom being receiv'd with much joy and affection he was made * Here to describe this Office Master of the Horse in the room of Valens Jovinus sometime afterwards Froamarius whom Valentinian had made King of the (r) They were Inhabitants of the Town and Country of Weisbaden on the North-side of the Rhene right against Ments an Appendant of the County of Nassaw or the Country thereabouts Bucino-bantes Ibid. lib. 29. c. 9. Anno Domini 374. upon fresh Excursions and Devastations made upon the new acquired Country was sent hither with power of Tribute over the Alemans which were then much valued for their Number and Courage Gratian the Eldest Son of Valentinian by Severa Gratianus Valentinianus Junior Theodosius Anno Dom. 374. growing towards a Man his Father made him his Collegue in the Empire and he succeeded him after his Death with whom Valentinian the younger his half-Brother by his Step-Mother Justina but then four years old was elected his Partner in the Empire by advice of the Council and General consent of the Army Ibid. lib. 27. c. 5. Anno Domini 37. Ibid. lib. 30. c. 12. Zosim lib. 4.751 Anno Dom. 379. Theodosius chosen Emperor by Gratian and Ruled in the East Zosim lib. 4.760 But Gratian finding his Affairs perplexed the Goths and other Barbarous People Invading the Empire on one side and the Nations upon the Rhene Infesting it on the other not thinking himself sufficient for the Administration of it after the Death of his Uncle Valens chose Theodosius Son to that Theodosius that had so bravely behaved himself in Britain to be his Consort and sharer with him in the Empire who Ruled in the East Things being in this state and condition Gratian being an easie Prince listening to Flatterers and such as are wont to corrupt and debauch the kind and mild dispositions of Princes received into his favor and into the Army certain Renegado (Å¿) People of Europaean Sarmatia and thought by some Alans Who to have Inhabited that Country which is now called Lithuania but more rightly they were Seated near the Alanian Mountains not far from the head of Tanais Alans unto whom he gave great Rewards and trusted them with the Management of his greatest Affairs neglecting at the same time his own Soldiers who for this cause began to Murmur against and hate him the Soldiers thus kindled against him especially those in Britain and excited by Maximus a Spaniard by Birth Maximus Excites the Soldiers to Sedition and fellow Soldier with Theodosius there who taking it ill that Theodosius should be thought worthy of the Empire and himself not thought fit to have any honorable Employment in the Government more and more irritated the Soldiers against Gratian and they being ripe for Sedition were easily prevailed upon to Salute Maximus Emperor Anno Dom. 381. He is Saluted Emperor Zosim Ibid. and having deliver'd him the Imperial Diadem and Purple they forthwith passed the Sea with him to the Mouth of the River Rhene the Armies in Germany and the Neighbor Nations with much satisfaction approving the Design Gratian prepares to suppress this Rebellion and Fight Maximus but being deserted by the Army he had gather'd together seeing his Affairs desperate he fled with 300 Horse toward the (t) Mountains that separate Germany and France from Italy Alpes and from thence through (u) Singidunum rather a City of Upper Moesia seated upon the Danube Six Leuâ—s Eastward from Taurinum or Belgrade now called Zendorin of the Greeks Simedro and in Modern Latin Semandria Rhaetia Noricum Pannonia toward (x) Then the Second City of Italy and Chief of the Carni now Aquilegia seated on the North-East part of the Top of the Gulfe of Venice and in that Dukedom Upper Moesia whether being pursued by Andragathius Master of Maximus his Horse passing the Bridge at (y) They were Northern People Vandals Whence Sheringhâ—m de Orig. Angl. 210. Ibidem who came out of Scythia from about the Lake Maeotis and River Tanais c. and were of Gothic original they were called Vandals from the word Wandelen signifying to Wander or rove up and down because they often changed their places of abroad at last they fixed upon and near the Coasts of the Baltic Sea toward Germany which from them with many other North-East Countries adjoyning was called Vandalia aâ— Meckleburgh Pomerania Polonia Silesia c. Sigisdunum Gratian slain he was overtaken and slain Theodosius at the Instance of Justina Mother to Valentinian Anno Dom. 3â—3 prepares to encounter Maximus whose Army being defeated in Pannonia he fled to Aquileia Theodosius Major Valentinianus Secundus Honorius Arcadius Anno Dom. 383 c. where he was taken deliver'd to Theodosius and presently put to Death and to young Valentinian was restored whatsoever his Father or his Brother Gratian had possessed The Scots and Picts taking advantage when the Army and the Flower of the British Youth was transported by Maximus most of which were either slain An. Dom. 388. Zosim lib. 4.769 770. Young Valentinian restored Gildas c. 11. The Scots and Picts invade Britain They Waste it Socrat. Hist lib. 7. c. 12. or seated themselves in Amorica now Britanie in France miserably spoiled and wasted the Province for the opposing and reducing of whom Chrysanthus the Son of Marcian Bishop of Constantinople was made Vicar in the British Isle who behaved himself worthily and with great praise but whether he totally subdued these Northern Enemies or whether Stilicho who was by Theodosius appointed Tutor and Governor to Honorius after his Death or some other sent by him as Claudian seems to affirm reduced them it no where it appears not long after the Empire being distressed the Legion for this purpose sent into Britain was recalled Chrysanthus sent to repress them and Stilicho Claud. Paneg. 2. de laud. Stilich Anno Dom. 395. The Legion sent with them recalled The Vandals c. Invade Gallia and Germany Zosim lib. 6.824 825. They Affright the British Forces Anno Domini 409. They Mutiny and set up Marcus Gratianus and Constantin successively He transports the British Army into Gallia Soâ—omen lib. â— c. 15. Constantin taken Anno Dom. 413. and put to Death Aâ—â—icola intrâ—ceth Pelagâ—anisme into Britain An. Dom. 429. Bede lib. 1. c. 17. and the (z) Sueves Whence People of the same Origin with the Vandals so named from the Word Schweben of the same signification with Wandelen and might be the same People under divers Names for they are also affirmed by very good
the Fields their Winter and Summer Camps Such were the Fortress upon Gogmagog Hills near Cambridge being 1000 Paces about on the out-side encompassed with a Double Ditch and two high Banks That before and on the North-side the Crown-Inn in Chesterford in Essex where on the right hand in the Bottom going up the Hill from Cambridge or Born-Bridge toward the Inn which stands upon London-Road is yet to be seen the Foundation of a Foot-Bridge over the Trench toward Icleton or Old Icelodunum made of Roman-Brick and Mortar and as I received it from that Learned and Worthy Person Sir Thomas Darrel of Castle-Camps and sometimes of Hinckston near the place he had seen some of Antoninus Pius his Roman Coyn which was found and Plowed up within the Trench One there is upon the Hill opposite to Audley-Inn-House on the West-side of it another at Little-Bury near adjoyning from whence the Name of the Village it lies behind the Church near to the Rivulet another in Wiltshire opposite to the Town or Village Wiley called Yanesbury another in Dorsetshire near Mâ—nckton and not many Miles from Dorchester and in other parts of the Nation by these they kept in subjection the Natives and Mâ—diterranean People The Saxons made use of the Roman Castra or Fortresses though they did not fill their Colonies with Soldiers Several of these Castra were used by the Saxons for the same purpose when the Romans left the Nation and some of them were by them called Chesters or Castres and have those Names at this day Veget. de re Militari lib. 3. c. 6. The Roman Ways Eccles Hist lib. 1. c. 11. The Romans for the greater Conveniency of Passage from Garison to Garison (h) Stations were their Winter-Camps Fortresses and perhaps Garisons hence the Passages from one to another were called Military-ways or Soldiers ways Station to Station (i) Colonia Municipium were often changed one into another Roman Stations What. Municipium What. and these words used promiscuously sometimes for the same places Colony to Colony and from one (k) A City or Town having the same Priviledges that Rome had or rather according to Modern acceptation a City or Town having its own proper and special Officers Laws and Priviledges Municipium or Corporation to another had their Publick Ways called the Consulary Praetorian Kings and Military Ways c. by Bede and the Moderns Strates or Streets There were in England Four of chiefest note (l) Via Vetelingiana from I know not what Wetle or Wethle or from Vitellianus if it could be made out in Saxon Wetelinga-streate from the word Streate common to all wayes Watling-street His Dictionary and the Saxon Weadle signifying a Beggar or poor Man as Somner guesseth because it might be frequented by such or because having the Kings Peace as also the others had it became a free and secure passage both to Poor and Rich it was also called Werlam-streate because it went thorough or passed near Veruâ—am Camb. Brit. 45. or St. Albans high Dike high-Ridge Forty foot or Ridge-way by those that live near it Some Authors affirm this Street to have gone from Dover by or through London to Westchester others to Cardigan in Wales Watling-street (m) Via Icenorum so called because it passed thorough Ikenild-street or led from the Icenians according to the common opinion but if it went from Tinmouth to Southampton thorough Yorkshire Darbyshire Leicestershire Warwickshire Glocestershire Warwicksh Antiquities fol. 666. Peramb Kent 268. Oxfordshire and so directly to Winchester and Southampton as the Learned Dugdale hath described it or from Tinmouth to St. Davids as Lambard it could not then come near the Iceni nor by consequence have its name from them but if it went cross the Nation from East to West as the Arch-Deacon of Huntington affirms it might then either begin or end there or if Iken in the British Tongue signifies an Elbowe or Angle as I have some where read and that this Street should have made many Angles by turning up and down the Country it might then have received its name from thence Ermin street Spel. Glossar 319. Ikenild-street Book II. Part I. (n) Ermingstreet perhaps for Hermen-street from Hermes or Mercury whose Statua raised upon a Pillar the Saxons Worshipped which might be placed upon this way or Ermund-street from Er and that from Apus Mars Mund in Saxon Safety or Defence and Streate as much as to say the Martial or Mars his free and safe Street or lastly as Somner guesseth it may more truly be Written Herman-street that is the Military or Soldiers way which went from Southampton to St. Davids in West Wales as some affirm or as others to Carlisle in the North. Ermin-street and (o) Fosse-way from Fossa a Ditch because it was Ditched on both sides this way passed from Toâ—nes a Cape in Cornwall Fosse-way Peramb Kent 268. to Cathness in Scotland as Lambard saith or as others from the furthest part of Cornwall thorough Devonshire Somersetshire Wiltshire Warwickshire to Coventry from thence to Leicester and Lincoln where it ended or thence according to others to York c. The Tracts of these Four Ways are and have been for many Ages very obscure and Authors do very much differ about them and I believe it is not yet sufficiently cleared where any one of them distinctly went or thorough what parts of the Kingdom and there being very many more Military Ways they who sought after them Lambard Lâ— Ed. Confess c. 12. The Priviledges of the Four great Wayes might hit sometimes upon one sometimes upon another they had belonging to them very considerable Immunities and Priviledges amongst others the King's Peace was granted unto them That is Security of Life and Goods and upon these Ways the Persons of all Men in all Cases were free from Arrest and their Goods from Distress the Fosse-way two whereof were extended cross the Breadth of the Kingdom Lamb. Ll. Ed. Confess c. 12. the other through the length of it These were made by the Soldiers and People under the excellent Discipline of the Romans and other great and magnificent Works performed as well to prevent the mischief arising from Idleness as for their own convenience but not without the very hard labor of the Provincials as the Britains grievously complained that the Romans wore out Four of them of most Note How made Tacit. in vitâ Agric. c. 31. and consumed their Bodies and Hands in clearing the Woods and making Ways over the Fens and Bogs with 1000 Stripes and Reproaches The vast Charge and Labor in making these Wayes may be collected from the carriage of Gravel Sand and Stones many Miles where the Soyl it self afforded no such Materials as in most or a great part of that Gravel Cause-way Dugd. Hist of drayning fol. 157. a. The Cause way thorough the Fens which extendeth it self from Denver near Downham-Market in Norfolk over the
Bishop of Rochester in Kent Ethelbert Eadbald A. D. 608. The Heptarchy About this time died Augustin or as Matth. Florilegus in the year 608. or Nicholas Trevet in the year 611. to whom succeeded Laurentius a Roman ordained by Augustin himself while alive that he might take care of the weak State of his Church scarcely yet established Spelm. con fâ—l â—â—1 Ibid. c. 4. Augustin dies A. D. 6â—1 Laurentius Archbishop Bede lib. 2. c. 5. fol. 120. and that it might not one hour want a Pastor he brought the Scots and Britains to some Conformity with him especially in the Observation of Easter Ethelbert gave his People Laws and Statutes by the advice of his wise men according to the example of the Romans written in the Saxon Tongue and observed in Bede's time wherein his great care was to punish such as had stoln any thing from Church or Church-men thereby shewing how gratefully he received from them the Christian Faith Ethelbert and Sebert dead their Sons revert to Paganism A. D. 613. or 616. Ibid. c. 5. Mellitus and Justus go into France Eadbald converted by Laurentius The Londoners refuse Mellitus Ibid. c. 6. He and Sebert being dead Eadbald the Son of Ethelbert and the three Sons of Sebert relapse into Paganism from whom and their People after they had received many Affronts and being without hope of their reduction to Christianity Mâ—llitus and Justus departed into France but Eadbald being converted by Laurentius calls them back to preach Rochester easily received Justus but the Londoners rejected and refused their Bishop Mellitus rather submitting to their Pagan Priests and delighting in their old Heathenish Vanities after the death of Laurence first Mellitus and then Justus were Archbishops of Canterbury successively Edwin King of Northumberland Bede lib. 2. c. 9. Edwiâ— demands Edelburge for Wife Edwin King of Northumberland sent to Eadbald King of Kent to desire his favor that he might take his Sister Edelburge to Wife he answered that a Christian Virgin ought not to marry a Pagan Edwin receiving this answer promised he would do nothing contrary to the Christian Faith which Edelburge professed and that he would permit to her and all that came with her whether Men or Women the liberty of their Religion and that he should not refuse it himself if upon Examination of it and Consultation had with his wise men it should be found more Holy and Worthy than his present Worship Paulinus is ordained Bishop and sent with her An. Dom. 625. Upon these Terms the Virgin was sent to him and with her Paulinus who was ordained Bishop by Justus about the twelfth of the Calends of August 625. that he might preserve her and the whole Company with her sound in the Christian Religion and from being polluted with Pagan Vanities His further design was also to bring off the whole Province whether he went to the Christian Religion he laboured but in vain amongst the People while their King remained Pagan whom upon every occasion he perswaded and allured to embrace the Christian Faith yet he would not do it without mature deliberation Ibid. c. 13. and the advice of his principal Friends and Counsellors and having been first well instructed in Christianity by Paulinus he consulted his great men and propounded the Reasons to them The Northumbrians converted that happily might move them to the Christian Religion they all complyed with him and first of all Coifi his chief Priest who also first of all offered to destroy the Altars and Temples of their Gods Edwin and his Nobility baptized by Paulinus which he presently effected and then Edwin with all the Nobility of his Nation and many of the common people in the eleventh year of his Reign were baptized The Heptarchy A. D. 628. after this vast numbers of the vulgar flocked in every day to be instructed in Christian Religion and to be baptized Ibid. c. 14. the next Rivers serving instead of Fonts which at that time they had not nor were there then very few if any Churches built unless one small one at York which Edwin caused to be built of Wood for the Solemnity of his own Baptism where he fixed Paulinus his Episcopal Seat after the Conversion of his own Nation Edwin moved with much Devotion toward the Truth endeavoured to perswade Eorpwald King of the East-Angles Eorpwald King of the East-Angles receives Christianity A. D. 632. Ibid c. 1â— A. D. 633. with his Province to receive the Faith and Sacraments of Christ whose Father Redwald had received them in Kent but returning home over-ruled by his Wife to make sure of the right way he erected in the same Temple one Altar to Christ and another to the Heathen Gods Eorpwald being slain also not long after he became a Christian his Province remained three years in their Errors until his Brother Sigebert took upon him the Government of this Kingdom who while his Brother lived remained an Exile in France Sigebert King of the East-Angles A. D. 635. Ibidem where he received the Faith of Christ and at the very entrance upon the Government took that care that his whole Province might receive it also Faelix a Burgundian Bishop contributed very much to this work They are converted by Faelix and was almost the sole Author of the Conversion of this People he applied himself to Honorius Archbishop of Canterbury and acquainting him with his Design received his Mission from him and with unwearied labour reconciled the whole Province to the Christian Profession and placed his Episcopal Seat at the City (p) 'T is most probable it was Dunwich upon the Coast of Suffolk Domoc Honorius the Pope sent to Paulinus and Honorius then Archbishop of Canterbury each of them a Pall and Decretal Letters Ibid. c. 18. The Archbishop of York and Canterbury have power to consecrate one another A. D. 634. Bede l. 3. c. 1. c. 3. Aidan sent for by Oswald An. Dom. 637. wherein he gave Power that if either the Archbishop of Canterbury or York should dye the Survivor might ordain and consecrate another in his place without further trouble or a tedious Journey to Rome After the death of Edwin the Northumbrians fell from Christianity and were reconciled again in the Reign of King Oswald by Aidan who at his request was sent out of Scotland he was a Bishop and had his Seat in Holy Island or Lindisfarn About this time Byrinus sent by Pope Honorius The West-Saxons converted A. D. 637. Bede l. 3. c. 7. came to convert the yet Pagan parts of Britain and landing amongst the Gevisses or West-Saxons he prevailed with their King Cynigils to be baptized to whom Oswald King of Northumberland was Godfather and afterwards his Father in Law by Marriage of his Daughter after his Conversion of the West-Saxons (q) Cynigils as King of the Nation and Oswald as the most Potent who then had
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
Grand Customer no Body that considers what [9.] Lib. 2 de Gest Reg. f. 44. b. n. 20 30 c. Malmsbury and other ancient Historians report of the Confessor that he was a weak easie man Edward the Confessor unfit to make Laws not fit for Government will ever believe he could contrive a System of Laws and so adapt them to the Genius and Humour of the Normans that they should quit their own and receive new Laws and Customs from him if it were not almost a Contradiction to call a Custom new I need not say more to satisfie any judicious Person that the Grand Customer of Normandy was the Law of that Country and not made by Edward the Confessor or carried over from hence by the Conqueror and shall therefore leave it with this farther Remark That if any men be more affected with Traditional than written Laws this Book hath that advantage likewise For [1.] Grand Custom 2d part fol. 69. before and after that Charles the Simple gave Normandy to Rollo and his Northern People unto the time of Philip [2.] Ibidem A. D. 1203. or thereabouts the August who caused them first to be put in order and written The Customs contained in it were a [3.] Epistle to the Custom of Normandy collected by George Lambert c. printed at Roven 1588. Cabal Traditional and unwritten for at least 800 years and were imposed upon his Subjects of England by William called the Conqueror But what answer would Sir Edward have made if he had been asked whether William did not also carry our Laws into old Germany for there in Normandy and England were in a great measure the same Laws only the Normans used a more formal and perhaps rigorous and strict method in the Practise and Execution of them which they brought hither From these Observations concerning the Laws in use at and presently after the Conquest I proceed to Authority Proof from Authority that our Laws were not the Norman Laws and undoubted Testimony of such as lived in or near those times for without Authority some men will not be satisfied Eadmer [4.] Hist Novor fol 6. n 10 20 30. writes that William designing to establish in England those Usages and Laws which his Ancestors and he observed in Normandy made such Persons Bishops Abbots and other Principal men through the whole Nation who could not be thought so unworthy as to be guilty of any Reluctancy or Disobedience to them knowing by whom and to what they were raised All Divine and Humane things he ordered at his pleasure and after the Historian hath recounted in what things he disallowed the Authority of the Pope and Archbishop he concludes thus But what he did in Secular Matters I forbear to write because it is not my purpose and also because any one may from what hath been delivered in Divine Matters easily guess what he did in Secular Somewhat also to this purpose Ingulphus [5.] Hist Croyland f. 512. a. b. All Earldoms Places of Honor and Profit given to the Normans informs us that by hard Usage he made the English submit that he gave the Earldoms Baronies Bishopricks and Prelacies of the whole Nation to his Normans and scarce permitted any English man to enjoy any place of Honor Dominion or Power But more express and full to this purpose is the account we have in [6.] De Necessar Scaccarii observ de Murdro in M. S. Calo-Gonvil p. 35. a.b. Gervasius Tilburiensis of the Conqueror's dealing with the Natives more valuable than the Testimony of a hundred others which he thus delivers After the Conquest of the Kingdom and just subjection of Rebels when the King himself and his great men had viewed and surveyed their new Acquests there was a strict enquiry made who there were which fighting against the King had saved themselves by flight From these and the Heirs of such as were slain in Fight all hopes of possessing either Lands or Rents were cut off for they esteemed it a great favor to have the benefit of their Lives But such as were called and urged to fight against William and did not if in process of time they could obtain the favor of their Lords and Masters by an humble obedience and obsequiousness they might possess somewhat in their own Persons without hope of Succession their Children only enjoying it afterward at the will of their Lords to whom afterwards when they became odious they were every where forced from their Possessions nor would any restore what they had taken away When a commune miserable Complaint of the Natives came to the King that they thus exposed and spoiled of all things should be compelled to pass into other Countries at length after Consultation upon these things it was Decreed that what they could by their deserts and lawful bargain obtain from their Lords Perhaps from hence might be the Original of Freeholds or Copyholds of inheritance after the Conquest they should hold by inviolable right but should not claim any thing from the time the Nation was overcome under the Title of Succession or Descent * Ibidem Upon what great Consideration this was done it is manifest when as they were obliged by a studied compliance and obedience to purchase their Lord's favor so therefore whosoever of the conquered People possessed Lands or such like obtained them not as seeming to be their right by Succession but as a reward for their Merits or by some intervening Agreement What I have here delivered upon this subject may probably meet with great prejudice from such especially who have or may read Sir Edward Coke's Prefaces to his third sixth eighth and ninth parts of his Reports his reading upon the Statute of Fines or other parts of his Works Sir John Davis his Preface to his Irish Reports Mr. Nathan Bacon 's Semper Idem The late Learned Lord Chancellors Survey of Hobbs his Leviathan p. 109 110. And many other works of eminent Persons of the long Robe or indeed any of our English Historians and therefore I am necessitated to dwell the longer upon it That I may give all just satisfaction to such as desire to inquire into the validity of their Arguments and Authorities by which they would perswade The Arguments used to prove the Common Law of England was not the Norman Law nay convince the World that the Common Law and Customs in use and practice in their times were the same that were in the Saxon times and never altered or changed by the Conqueror And beyond them all [7.] Epistle to the sixth part of his Reports Sir Edward Coke concurs in opinion with Sir John Fortescue that this Nation in the time of the Romans Saxons Danes and Normans was ruled by the same Laws and Customs and that they were not changed by any of these People which he [8.] In Preface to the eighth part of the Reports affirms he hath proved by many
who designed to have Edgar Atheling their King were assembled he made towards them and encamped not far from London from whence some Troops issuing out against him 500 Normans Horse which were sent against them drove them back into the City not without the Slaughter of many by the way This Action was followed with the Firing of all Buildings on that side the River Thames Arch-Bishop Stigand deserts Edgar and proceeding whether he pleased passing over the River at Walingford whether Stigand followed him who deserting Edgar made his Peace with William and owned him as his Soveraign London submits and gives Hostages proceeding from hence so soon as he came within sight of London the People there as well Citizens as others which were many submitted themselves and as the Kentish Men had done delivered him Hostages such both for number and Quality as he desired The Bishops and Nobility supplicate him to be King This done as well the Bishops as other Great Men supplicate him to receive the [4.] Ibidem His Army also would have it so Crown for that they desired to have a King having been accustomed to live under one He acquaints his Confidents with this Address of the English who persuade to a Compliance with it as being upon their Knowledge the unanimous desire of the whole Army He weighing all things could not but yield to the importunity of so many petitioning and persuading him to it therefore staying near London he sent some before to raise a place of security and Fortress within the City and prepare things fit for such a Royal and Magnificent Solemnity [5.] Ibidem D. 206. A. An. Dom. 1666. They dare do no otherwise being over-awed by his Army there present Hov. f. 258. a n. 10. The day designed for his Coronation was Christmass-day when much People as well English as Normans assembled at Westminster where Aldred Arch-Bishop of York after an Oration to the English asked them if they consented he should be Crowned who all chearfully with one Voice consented The like being done to the Normans by the Bishop of Constance and their consent declared (c) Neither Pictaviensis Ordericus Vitalis Hen. Huntingdon or Mat. Paris make any mention of any Oath he took at his Coronation No Oath taken at his Coronation Fol. 258. a. n. 14. Col. 195. n. 43. de gest pont 154. b. n. 9. or not such an one as 't is commonly Storied he took Sim. Dunelm Malmsbur and Hoveden indeed says the Arch-Bishop exacted an Oath from him and that he took one before the Altar of St. Peter and sware to defend the Church and the Governors of it justly to govern all the People subject to him to Establish just Laws and have them duely executed and to prohibite Rapine and anjust Judgment and if it were so [7.] Scriptor Norman 1000. 't were the same Oath he took when he was installed Duke of Normandy not one word hereof the English or King Edwards Laws he was Crowned by Aldred the Arch-Bishop of Canterbury Stigand being then anathematized by the Pope in St. Peters the Abby Church at Westminster in the presence of many Bishops Abbats and Noblemen After this Solemnity he looked into the Treasury of Harold [8.] Gul. Pict â—06 B. C. D. Harolds Treasure distributed To his Followers To St. Peters Church at Rome wherein were found vast Riches part of which he distributed amongst such as were with him in the Battle and some to the Poor and Monasteries His Treasury was much increased by the Gifts and Presents from Cities Towns and all Rich Men to their new Lord of which he sent to the Church of St. Peter in Rome and lodged in the hands of Pope Alexander an incredible Sum of Gold and Silver Money And to 1000 other Churches c. besides Ornaments he sent also to a thousand (d) Cathedral Conventual and others such as said Masses for his Success * Gul. Pictav 194. C. whose Prayers he was wont to desire and purchase in time of War and Difficulty Churches in France Aquitain Burgundy and Avergne to some very large Golden Crosses set with Gems to others much Gold or Golden Vessels rich Palls Copes or other Vestments In January next following [9.] Ibidem 207. C. He ordains many things for the advantage of London and the whole Nation during his abode in London he ordained prudently and justly many things some for the Advantage and Dignity of that City others of the whole Nation in general and some for the profit of the Church [1.] Ibidem 108. B. then departing from London he staid some time at (e) Barkinge in Essex in Pictaviensis Bercingis in Ordericus Bertingis in Bede Berecing and not Berkhamstede in Hartfordshire Berking while those Places of Strength were perfected which he had caused to be made in the City The Conqueror stays at London until he secures London to check the instability and power of that People for he saw it in the first place greatly necessary to restrain them Hither repaired to him the two great Earls of Mercia and Northumberland and Brothers [2.] Ibidem Edwin Morcar and others Swear Fealty Ibidem C. Edwin and Morcar with many more great Noblemen whom upon their swearing Fealty to him he graciously received and granted to them their Possessions Proceeding further into divers parts of the Nation he provides for his own safety by appointing [3.] Order Vit. 506. B. He Garisons the Castles and Places of Strength stout French Captains and Governors with many Foot and Horse to remain in and Garison in the Castles every where giving them great Rewards for the Labours and Danger they should undergo he seemed kind to all but more especially to Edgar [4.] Gul. Pict 208. C. And goes over into Normandy Atheling to whom he gave many and large Possessions Having thus provided for the security of this Kingdom as well as he could for the time in Lent that year he returns into Normandy so to settle his Affairs there as afterwards they might not need his presence For some long time before he went the Care and Government of this Kingdom was committed to his Brother [5.] Ibid. D. Odo whom he placed in Dover Castle and gave him the Government of Kent with the adjoining South Coast And appoints Odo Bishop of Baieux and William Fitz-Osbern Vice-Roys in his absence and to * He was Son of Osbern Crepon who Married a Daughter of Rodulph Son of Sprot Widow of Richard First Duke of Normandy by Asperlinge Gemet l. 7. c. 38. his Grandfather Herfastus was Gunnora's Brother ibid. l. 8. c. 15. William Fitz-Osbern whom he placed at Winchester in the Castle he had built there with direction to look after the North parts these he left as his Viceroys and to them subjected all other his Commanders Great Men and Officers in every part of the Nation some of which used their [6.] Ord. vit
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