sinum suscepisse unde quisquis ei de Amplitudinis nostrae Finibus tanquam homini fideli nostro Restitutionis Auxilium impendere voluâ—rit se nostram ad hoc tam Gratiam Noverit quam licentiam obtinere â— Henry King of England Duke of Normandy and Aquitan and Earl of Anjou to all his Vassals or Subjects English Normans Welsh and Scots and to all Nations under his Dominion Greeting Know ye that We have received Dermot Prince of Leinster into our Favour and Protection Wherefore whoever within any of Our Dominions will aid assist and help to restore him may know â—he hath Our Favour and License in this matter With these Letters he came into England and for his Conveniency repaired [7.] Ibidem c. 2. Dermot comes into England and causes the Kings Letters to be read He gives large Promises to such as should assist him to Bristol where he could by Ships coming from Ireland often receive information of the State and Condition of his Country and People While he was there he caused the Kings Letters to be frequently read in the Audience of much People and made great promises to settle Lands upon and give great Wages or Pay to such as would assist and serve him but in vain At length (a) He was a Norman by Extraction and Descended from [9.] Dugd. Baron Tom. 1. f. 208 209. Strongbow what he was Richard the eldest Son of Gilbert Sirnamed Crispin Earl of Brion in Normandy Son of Geofry Base Son to Richard the first of that name Duke of Normandy Thus Gilbert Crispin Earl of Brion in Normandy Richard his Son Gilbert de Tonebrigg from his place of Residency his eldest Son Richard his eldest Son Gilbert Sirnamed Strongbowe his second Son made Earl of Pembroke by King Stephen Anno Domini 1138. Richard Earl of Strigul now Chepstow so called from his Residence there his Son Married to Eva Daughter of Dermot King of Leiâ—ster Richard Earl of Strigul now Chepstow in Monmouthshire Son of Earl Gilbert called Strongbow came to Discourse with him and it was agreed between them that the Earl should next Spring assist him in the Recovery of his Country and that Dermot should give unto him in Marriage his eldest Daughter with the Succession of his Kingdom The Agreement thus concluded Dermot was very desirous to see his own Nation and forthwith went to St. Davids in South-Wales from whence was the nearest Passage into Leinster where Rice or Rese Fitz-Grifin had the chief Command under the King and David the Second was Bishop of St. Davids They both Commiserated the Calamity of the Exile and pitied his Condition At this time (b) He was [1.] Sandf Geneal Hist f. 31. Fitz Stephen what he was Son of Stephen Constable of the Castle of Abertivy by Nesta Daughter of Rhees ap Tewdor or great Rice or Rese King of South Wales She had a former Husband called Girald or Gerold of Windsor Constable of Pembroke Castle and Father of Maurice Fits Girald Both these Constables were [2.] Giral ut sup Cap. 2. f. 761. n. 20. Normans and were the Progenitors of the Fits-Giralds and Fits-Stephans in Ireland Robert Fitz-Stephan Governor of (c) From Aber the Mouth and the River Teife or Tefie or as it is now called Tivy Abertivy is now called Cardigan which is seated upon that River near the Mouth of it Abertefie or Aberteife who by the Treachery of his own People was taken and delivered to Rese and by him had been detained in Bonds and imprisoned three years and was now released upon Condition he should take up Arms with him against the King of England But he had no mind to that Service and chose rather to make his Fortune abroad By the Mediation therefore of his Brothers by the Mother David Bishop of St. Davids and Maurice Fitz-Girald he obtained License of Rice and in their presence made a Contract with Dermot That upon Condition he would grant them the City of Wexford in Fee with two Cantreds or Hundreds adjoyning Maurice Fitz-Girald and himself would assist him next Spring Hereupon he returned to St. Davids Shipped himself and came privately to Ferns not far from Wexford and remained with the Clergy of that place all Winter [8.] Ibidem C. 3. Anno Domini 1169 or 1170. Robern Fitz-Stephan goes to the Assistance of Dermot In the mean while Robert Fitz-Stephan not unmindful of his Engagement Embarked with 30 Knights 60 Esquires or Men at Arms on Horseback and 300 Archers on Foot in three Ships and landed about the first of May at Bannogh Bay not far from Waterford Herveie of Mount-Maurice accompanied him a Client or Dependent of Earl Richards and went rather as a * Not upon his Country-men but as a Discoverer of the Country for the Information of Earl Strongbow Spie than Soldier On the Morrow the tried brave and stout Maurice de Prendergast so called from a place of that name near Haverfordwest in Pembrokeshire following Fitz-Stephan to the Aid of Dermot set Sail from Milford-Haven and landed at the same place with ten Knights and many Archers which he transported in two Ships Not thinking themselves safe where they were their landing being known to the Country they dispatched Messengers to Dermot who forthwith sent his Base Son Donald with 500 Men to receive them and came after him with all speed where renewing the former Agreement and confirming it with their Oaths they joyn their Forces and march toward Wexford about twelve Miles from Bannogh Upon their coming near it the Townsmen to the number of 2000 go forth with intention to give them Battle but when they saw the Order of the Foot the Arms Discipline and Appointment of the Horse such as before they had not known their minds were presently changed Fitz-Stephan Assaults Wexford but is repulsed they burn the Suburbs and retire into the Town Fitz-Stephan and his Men prepare for an Assault he caused the Ditches to be filled by the labour of Armed Men while the Archers at a distance watched and observed the Walls and Towers They scale the Walls with great Courage and Shouts The Citizens make a stout Defence throw down from the Walls great pieces of Timber and Stones by which they hurt many and beat them off a little Amongst those which were hurt one Robert Barrie a brave young Gentleman was beaten from almost the top of the Wall with a great Stone that fell upon his Head-piece yet was carried off by his Comrades with safety of his Life Upon this Repulse they withdrew themselves from the Walls and burnt all the Ships they could come at on the Strand and in the Haven He burns all the Ships in the Haven The next day [3] Girald ut supra l. 1. c. 3. they proceed more warily to an Assault and when they came near to the Walls the Citizens despairing of defending their City and considering they unjustly resisted their Prince desired a
Counties of Essex Norfolk and Suffolk and miserably wasted them put a Garrison into the Castle of Norwich which Thomas de Burgh had deserted This done the French returned with great Booty and Spoyls to London where Gilbert de Gant came to Lewis by whom he was Girt with the Sword of the County of Lincoln and made Earl thereof and was then sent to restrain and block up the Forces in the Castles of Nottingham and Newark At the [8] Ibidem York and Yorkshire subjected to Lewis same Time Robert de Ros Peter de Brus and Richard de Perci reduced York and Yorkshire to his Obedience Gilbert de Gant and Robert de Ropesle took the City of [9] Ibid. f. 286. lin 1 2. Holland in Lincolnshire Plundered Lincoln with the Country round about except the Castle and put them under Annual Tribute Then they Plundered Holland and made it Tributary [1] Ibid. lin 4 A great part of Northumberland made subject to him The King of Scots made subject to Lewis all Northumberland except the Castles which Hugh de Bailiol and Philip de Hulecoâ—es Defended About [2] Ibid. n. 10. A. D. 1216. Lewis Besiegeth Dover Castle Midsummer Lewis Besieged Dober Castle where Hubert de Burgh was Governor after he had Battered it for some time he was beaten off by the Defendants and forced to remove his forces to some Distance where they lay Quiet and intended to starve those they could not Conquer At the [3] Ibid. n. 20. Part of the Barons made an inrode into Cambridgshire Norfolk and Suffolk c. Yarmouth Dunwich and Ipswich redeem themselves same time part of the Barons made a Cabalcade into Cambridgeshire wasted the whole Country and took the Castle from thence they marched into Norfolk and Suffolk and plundered them and all the Churches and forced the Towns of Yarmouth Dunwich and Ipswich to most Grievous Redemption and Returning by â—chester Committed the like Outrages there and came again to their known lurking places of London ad [4] Ibid. n. 30. They return with their Plunder to London not a Londoniarum latibula reversi sunt After this the [5] Ibid. n. 30. The Barons Besiege Windsor Castle Barons gathered together a great force under the Command of the Earl of Nevers and Besieged Windsor Castle in which were Sixty Knights with their several Retinues The French applyed their Battering Engines against the Walls and the Defendants indeavoured to Beat them off Mat. Paris says [6] Ibid. n. 40 50. King John raiseth an Army out of his Garrisons with which he marched up and down the Countries and wasted the Barons Estates The Barons leave the Siege of Windsor Castle and follow the King When they could not take him they plunder the Countries so soon as King John knew Dover and Windsor Castles were Besieged out of his Garrisons raised a great Army and for one Moneth Marched speedily up and down the Countries and wasted the Lands of the Earls and Barons Burnt their Houses Destroyed their Fruit and Corn. That at Length he wandered into the Counties of Norfolk and Suffolk and there wasted the Estates of the Earl of Arundel Roger Bigod William de Huntingfield and other great men And that the Barons seeing they could make no progress in the Siege of Windsor left it in the night and their Tents behind them and Marched in all hast toward Cambridge that they might shut up and surprize the King But he having notice of their Coming that way made his Escape to Stanford and from thence went towards Lincoln the Castle whereof was then Besieged by Gilbert de Gant who upon his Appearance fled with all his Forces The Barons hereupon having Missed the King Plundered and Wasted the Countries and [7] Ibid. fol. 287. lin 1. and bring their prey to London returned to London with their Spoils and Prey where placing a Garrison they went to Lewis then busied in the Siege of Dover Castle where came to him Alexander King of Scots and did him Homage for the Lands he held of the King of England It [8] Ibid. n. 10 20. The Viscount of Melun Discovers Lewis his Designs and intentions against the English Barons and English Nation happened at this time That the Vicecomes or Viscount of Melun a French Nobleman that came with Lewis into England fell sick in the City of London and when he saw Death approaching he called to him some of the Barons of England that remained there for the security of the City and told them he was sorry for the Destruction and Ruine that was coming upon them which they understood not For Lewis had Sworn with sixteen Earls and Barons of France that when he had Conquered England and was Crowned he would for ever Banish all those that fought for him and persecuted King John as Traytors and Destroy all their Generations and that they might not Doubt of it he affirmed in words of a Dying man and as he hoped for Salvation That he himself was one of those That Swore with Lewis and so wished them not to Discover what he said but provide for their safety he presently Dyed When these things [9] Ibid. n. â—0 The Barons begin to repent of their usage of King John and dispair of pardon from the greatness of their Crimes were whispered amongst the Barons they were much troubled for they observed that when Lewis took any of their Castles from the King he placed in them French Governors notwithstanding their Oppositions But it Grieved them most That he had Stigmatized them with the Character of Traytors And it added to their grief not a little That they were Excommunicated Some of them Reflecting upon their Condition Thought of returning to their obedience but feared they had so highly provoked King John That he would not admit of their Repentance Upon the Patent [1] Rot. Pat. 18 Johan The King was up and down in the West Country most part of the Summer Roll of this year we find King John Busied in the West all this Summer from almost the beginning of May to the beginning of September for by the Grants there made the Protections and other things there Granted we find he was in perpetual motion and he very seldom stayed 2 or 3 Days in a place as appears by the Tests of the Patents where the place of his being is always Expressed Sometimes at the beginning of the Summer he was at Winchester at the Divises at Bristol Wells Shirborn Warham Corf Castle Lutgarsâ—al Berkeley Castle and very many other places in the West Country and backward and forward to and from the same places While he was here in the West he made [2] Append. N. 136. Lin in Norfolk a place of Refuge for the Kings persecuted Subjects his Treasure there secured c. Lin in Norfolk as it were a place of Refuge or Defence to those of his party and his Loyal Subjects and there also without doubt secured
about 245 years after Ethelred was slain there was an Interregnum of 33 years when Egbert King of the West-Saxons possessed himself of this Kingdom yet there were some Reguli or petty Princes of Northumberland in the Danes time The Sixth was that of the East-Angles which contained Norfolk The Sixth of the East-Angles A. D. 575. Suffolk Cambridgeshire with the Isle of Ely and had these Kings Pagans 1 Vffa 07 2 Tityst 10 3 Redwald 44 4 Eorpwald 12 5 Sigebert 6 Egric 7 Anna 13 Christians 8 Ethelbert 9 Ethelwald 09 10 Adulf 19 11 Aelfwald 07 12 Beorna 24 13 Ethelred 52 14 Ethelbert 05 It began Anno Domini 575. ended 793. and continued 218 years when Ethelbert was slain by Offa the Kingdom of the East-Angles was united to the Kingdom of the Mercians yet St. Edmund reigned afterward and was murthered by the Danes A. D. 870. A. D. 582. The Seventh was the Kingdom of the Mercians which contained Glocestershire Herefordshire Worcestershire Warwickshire Leicestershire The Seventh of the Mercians A.D. 582. Rutlandshire Northamptonshire Lincolnshire Huntingtonshire Bedfordshire Buckinghamshire Oxfordshire Staffordshire Shropshire Nottinghamshire Cheshire and part of Hartfordshire and had these following Kings Petty Kings Pagans Cridda Wibba Cheorl 1 Penda Christians 2 Peada Osâ—y Dukes 03 3 Wulfer 16 4 Ethelred al. Aedired 30 5 Kenred 04 6 Ceolred 08 7 Ethelbald 41 Christians 8 Beornred 01 9 Offa 38 10 Egfer 01 11 Kenulf 02 12 Kenelm 01 12 Ceolulf 01 13 Beornulf 03 14 Ludecan 02 15 Withlaf 13 16 Bertulf 13 17 Burrtred 22 18 Ceolwulf It began under Cridda Anno Domini 582. under Penda Anno Dom. 625. it ended Anno Domini 874. and continued 292 years Thus the first Leaders of the Saxons thought themselves worthy of Kingdoms and Principalities and such shares of their new acquests as they thought equal to the Power and Numbers they brought hither their Interest and Desert They all in one degree or other derived themselves from Woden according to the ambition of all People in the elder times when it was Customary without any ground or reason for them to claim a Descent from some famed and great Hero Bede l. 2. c. 5. But yet this Heptarchy became so established afterward that whosoever had most Power was reputed King of the English and Ethelbert King of Kent at the time of his Death commanded over all those Countries on the South-side of the River Humber in whose time Redwald afterwards King was only Duke or Earl of the East-Angles whatsoever is worth notice and that 's but little during the Heptarchy I shall relate collectively or in Gross only noting the Territory or place where things were transacted But before I pass to them it may not be amiss to note that there were yet remaining in Wales many Bishops Abbots Priests Religious Persons Spel. con fol. 62. A. D. 560. and Monasteries and that Christianity flourished amongst the Britains there and at the command and by the sole Power of Oudoceus Bishop of Landaf there were at that place three Synods called wherein were excommunicated and cursed for Murthers Three Welch Princes excommunicated by Oudoceus Bishop of Landaf before Augustines coming three petty Welch Kings and Princes Mouric Morcant and Guidnerth and compelled to make satisfaction by Fasting Prayers and Alms. The Saxons all this while and some time after remained Pagans Ethelbert King of Kent A D. 596. The Heptarchy until Gregory Bishop of Rome moved by Divine Instinct as 't is said sent Augustin and many other Monks to preach the word of God to the English Nation who smitten with fear when they were forward in their Journey thought it more safe to return Augustin sent from Rome to convert the Saxons A.D. 596. Bedel c. 23. He is afraid to proceed in his Journey But pressed by Gregory goes on than commit themselves to the Inhumanity and Barbarity of those People but Gregory encouraging them by his pressing exhortatory Epistles prevailed with them to proceed giving them also his commendatory Letters to all the Princes and Bishops through whose Territories and Diocesses they were to pass that by them they might be kindly received and their Design promoted They landed passing through France in the Isle of Tanet Ethelbert King of Kent Ethelbert then being King of Kent who at that time commanded all the Country as far as the River Humber it was a main advantage to this attempt of Gregory's and Augustin's Ibid. c. 25. that Berhta the Queen of Ethelbert was Daughter to the then King of France and a Christian to whom was permitted the free use of her Religion and also the company and assistance of Luidhard a Bishop and her Chaplain and from whom 't is most probable Gregory was first sollicited to this undertaking by private Messengers sent to Rome In what manner Augustin made his approach to Ethelbert vid. Spel. conc fol. 217. When Ethelbert was pleased to admit him he made his approach having a Silver Cross carried before him for a Banner the Image of our Saviour painted upon a Table and with his Company singing Litanies This the manner of the Address which Ethelbert received in the open Air avoiding coming under any roof Ibidem He fears Witchcraft fearing Fascination or Witchcraft and that he might be deceived and overcome with malefick Practises the message delivered to him by Augustin was eternal Life and an endless Reign with the true and living God and the word of life which he preached to him and all his Company Ethelbert answered that they brought fair Promises His Answer but because they were new and incertain he could not assent to them leaving those things which had so long time been observed by the English Nation but because they were Strangers coming from far Countries to communicate unto him such things as they believed to be the best and true they should kindly receive all necessary accommodation nor would he prohibit but that they might joyn to the Faith of their Religion as many as they could by preaching He assigned them conveniency of Habitation in Canterbury his Metropolis Ibid. c. 26. on the East side of which there was an old Church dedicated to St. Martin built while the Romans were in Britain in which Queen Berhta used often to pray in this they began first to meet to sing pray celebrate Mass Preach and Baptize here despising the World they began to imitate the Apostolick Life of the Primitive Church by pious Conversation fervent Prayer frequent Fasting constant Preaching and often working Miracles building and repairing Churches so that much People and at length the King himself taken with their exemplary holy Lives embraced the Christian Faith and was baptized Ibidem Ethelbert would have none forced to Christianity As Ethelbert freely became a Christian himself so he would have none forced into Religion having received from those that instructed him that the Service of
entring the Kings Town they killed his chief Officer thereof in the time of Brithric King of the West-Saxons Anno Domini 791. but the Country coming in forced them to their Ships again It may be probable according to the opinion of some that they were only Pirats with a general Commission and that they landed here by accident or were by weather forced upon this Shore This Church Story is lame and incoherent yet 't is all I could find worth notice amongst the many Volums of the ancient Monks they being nothing almost but vast heaps of Legends Tales and vulgar Reports which passed for current in those ignorant and credulous times nor is there any more methodical or authentick Story to be expected for some and those not a few years yet to come yet out of these Clouds of darkness out of these voluminous idle vain inconsistent Discourses a man may pick out matter sufficient for strange admiration when he shall observe the frequent Fastings The Devotion and Piety of Elder times the fervent Prayers the large and I had almost said profuse Alms of those times what stately and magnificent Fabricks Churches Palaces and Monasteries were built and founded in those days what plain and unlearned Zeal what obedient quiet and hearty Devotion then possessed the minds of the People when in 220 years time Marsham's Preface to the first Volum of Monasticon thirty English Saxon Kings and Queens left the World and entred into a Religious Solitude Egbâ—rt Monarch A. D. 854. c. The Secular Story of the Saxons almost ever since their first entrance I have hitherto omitted consisting chiefly of Wars by which we may know and understand their Barbarity Violence and Rapine but for what cause they were undertaken by what Counsels directed and managed or what Reason or Justice there was for them we cannot once guess the Relations of them being so narrow and frivolous Nor are the Battels themselves described more artificially than the Combats of Bears and Wolves or the Skirmishes of Kites and Crows in the Air. There were frequent attempts upon one anothers Dominions amongst their petty Kings and as frequent Rebellions of the great men against them and oft-times in some or most of these Nations he whom Riches Popularity or Faction advanced took on him the Title and State of a King Egbert King of the West-Saxons Saxon Ann. A. D. â—54 Egbert the famous King of the West-Saxons made himself Monarch of the Saxon Heptarchy and as some affirm of Great Britain his Title to the West-Saxons Kingdom he derived justly from Ina. Thus he was the Son of Ealmund he the Son of Eafa he the Son of Eoppa he the Son of Ingild and he the Brother of Ina whose direct Line was Extinct when Egbert assumed the Diadem and was called out of France by the West-Saxons being there an Exile to undertake the Government He conquers the Cornish and Welch Britains His first Atchievement was against the Britains in Cornwall and the (f) So called in respect of the Cornish Britains from whom they were situated due North an arm of the Sea or the mouth of the River Severn only parting them North-Britains in Wales whom he subdued and made Tributary by the Fame of these Victories he became a Terror to the other petty Kings only Bernulph King of the Mercians swelling at his success thought it would be a glorious and bold attempt in him to rescue others from fear and to make War upon Egbert who cheerfully gives him Battel wherein Bernulph and his Forces were totally routed Bernulph routed and Mercia conquered by Egbert A. D. 806. Malmesb. de gest reg l. 2. c. 2. A. D. 824. Ibidem The South and East-Saxons conquered by Egbert and the East-angles Ingulph Hist fol. 487. a. The West-Saxon King urged forward with this Victory sent his Son Ethelwolf with Alstan Bishop of Sherborn to take in Kent which they presently added to the West-Saxon Dominion and proceeding drave Baldred the King thereof over the Thames and some years after he subdued the South and East-Saxons soon after the East-angles encouraged by Egbert slew Bernulph and Ludecan Kings of the Mercians and their Successor Withlaf at first expelled his Kingdom by Egbert afterward by the Mediation of Siward Abbat of Crowland with whom he privately remained in that Monastery was restored upon condition of Subjection and payment of a yearly Tribute Malmesb. ubi supra The Kingdom of Northumberland yields to Egbert In the same year the Northumbrians broken with Factions and wearied by the Usurpations and Pretences of several ambitious Princes gave Hostages and submitted themselves to Egbert And now though he injoyed Britain Egbert Monarch A. D. 832. yet he injoyed not the full satisfaction and pleasure of his Conquest for the Danes landing in the Isle of Shepey wasted it and the next year coming again in thirty five Ships they landed at the River Car in Dorsetshire Danes land in Shepey At the River Car in Dorsetshire An. Dom. 833. Two Bishops slain They land again A. D. 835. A. D. 836. where Egbert fought them with a great slaughter on both sides yet so as the Danes made good their ground and encamped Herefrid and Wigferth two Bishops were here slain as also Dudda and Osmund two Saxon Commanders Two years following a great Fleet of the Danes arrived again and joyned with the Cornish Britains against Egbert who overthrew and put them to slight and the next year died After his acquest of the whole Heptarchy by Edict he caused it to be called England which in Latin was called Anglia from the Angles the most numerous and valiant of the three Nations which came hither with Hengist they possessed the Kingdoms of Northumberland Mercia and East-Anglia the Jutes only Kent and the Isle of Wight and the Saxons East-Saxony South-Saxony and West-Saxony yet long before this time it might be and was called England though not by a publick Edict for Bede inscribes his Book the Ecclesiastick History of the English Nation Bede l. 2. c. 4.5 and Pope Boniface writes to Ethelbert King of the English and Gregory sent Augustin to preach to the English Nation also Ercombert King of Kent Ibid. l. 4. c. 1. and Oswy King of Northumberland or of the English as most Potent sent Wighard to Rome to be ordained Bishop of the English Nor was he perfectly absolute notwithstanding he became Monarch of England for some if not all the petty Kings though Tributaries held their Titles for many years and some Successions of Monarchs after him as Witlaf King of Mercia under Egbert Ingulph 's History fol. 487. a. Ibid. fol. 488. b. Ibid. fol. 491. a. and Bertulph under Ethelwolph his Son Beorred King of Mercia and Edmund King of East-Angles under the same and so they continued at least until Edward the Elder Ethelwolph eldest Son of Egbert Ethelwolph by some of the more Modern Authors said
sent his Letters all over the Country that privately on St. Brice his day at night which was the thirteenth of November the Danes should be (n) This Massacre seems suspitious for that the Danes being dispersed all over the Nation and that it must be a business of time to give every place notice of the Design 't is scarce conceivable it could be carried on with so great secresie required to such an universal Surprize besides the Reporters of it agree not in the time or manner Hen. of Huntington says it was in the year 1002. when the Danes lived peaceably and quietly in the Nation Matt. of Westminster affirms it to be done in the year 1012. by the advice of Huna King Ethelred's General upon the Insolent behaviour of the Danes after Peace made with them Hoveden agrees with Huntingdon in the year and says that King Ethelred not long after he had made Peace with them commanded that all the Danes great and small of both Sexes inhabiting England should be killed because they sought the Dominion of the whole Kingdom and would have deprived him and his Nobility of their Lives If there was any such Massacre it seems rather to have been done in the day time by Assemblies of the People called together under pretence of Muster or some other publick business which might be an unsuspected cause of their meeting Edric Ib. A. D. 107. Hoveden Anno codem Malmsbur l. 2. c. 10. What he was His abominable Treason massacred Hen. Hunt fol. 206. a. n. 50. A. D. 1002. Who says in his Youth he received ' this Story from very antient People which was attempted and they were all killed and destroyed accordingly In this Massacre amongst the rest Lady Gunhild Sister to Swane King of Danemarke who after she came hither received Christianity with her Husband Palingus and was pledge for the Danes observing the Peace was by the fury of (o) One whom Ethelred had from mean degree advanced to be Earl or Duke of Mercia and given him in Marriage his Daughter Edgith he was called Sheen from his unsatisfied Avarice he was vastly Rich not by Nobility or Birth but made so by his Tongue and Impudence he was Crafty to Dissemble Cunning to Invent under pretence of Fidelity he dived into the King's Councils and discovered them as a Traytor being sent to treat of Peace he encouraged the King's Enemies to War Ever when he saw Ethelred or his Son Edmund had any considerable advantage he by some trick or other diverted them from the use of it he was sometimes on one side sometimes on the other where he could get the best Plunder and most Money Edric Earl Godwin's Fathers Brother Gunhild Sister to Swane King of Danemarke massacred De gest R. R. l. 2. c. 10. says Malmsbury barbarously murthered The News of this Bloody Tragedy moves the Danes to revenge and the year following King Swane with a mighty Navy invades England by the experience of his former Invasions and Descents there he well enough understood what advantage he could make of the English He invades England with a mighty Navy Presently over-runs a great part of the Country And useth great Cruelty presently overran a great part of the Country his Sword made no more difference between Ages Sexes and Conditions of People than the Fire did of Houses or their Materials the Cruelty and Violence of one killing and the Fury of the other destroying all it met with By Ethelred's command Hen. Huntingd. A. D. 100â— Every 310 Hides of Land to set forth a Ship and every nine Hides a Soldier Hoveden in that year This Preparation came to nothing Ibidem Lord-Danes Lurdan whence The Danish Massacre suspitious To obviate these dreadful Miseries and frequent Invasions Ethelred commanded that every 310 Hides of Land should set forth a Ship and so proportionably for a greater or lesser Quantity and every nine Hides a compleat Arms or Soldier but this great Preparation by ill management and storms came to nothing eighty of the Ships at one time being wracked by ill weather The next year came another Fleet of Danes under the leading of Turkill Ethelred Danes Swane Cnute A. D. 1013. and soon after a second under the Conduct of Heningus and Anlaf all Danish Princes the former whereof in the year 1012. was with 45 Ships sworn to serve Ethelred Two Fleets of Danes arrive under the Conduct of Turkill Anlaf and Hemingus Turkill with 45 Ships takes Service under Ethelred The People submit to Swane Emma with her Children departs into Normandy Ethâ—lred follows them Hen. Hunt A. D. 1013. Swane imposeth a great Tribute upon the People Hoveden Anno eodem Turkill doth the same Hunting A. D. 1014. Swane dies suddenly Ibidem Cnute made King by the Danes The English recall Ethelred he finding them Food and Rayment Swane proceeding victoriously almost where-ever he came received the submission of the People and Emma Queen to King Ethelred with her two Sons Edward and Alfred went into Normandy to her Brother Richard Duke thereof and after Christmass in the same year Ethelred followed them thither from the Isle of Wight all the People esteeming and receiving Swane for their King whom he commanded through England to make great Provisions for his Navy and to pay almost an intolerable (p) This was very heavy without doubt for in one year which must be this Ingulph Hist 506. b. 507. a. The Abbey of Croyland paid 2000 Marks in one year to Swane the Abbey of Croyland alone paid 2000 Marks to Swane besides several years before it paid to Ethelred 400 Marks a year and 200 l. for building of Ships Ingulph says this was A. D. 1018. when as others say Swane died A. D. 1014. therefore it was Cnute or the other Historians were mistaken in their Chronology Tribute In like manner Turkill sent out his commands every where the like should be paid to his Fleet that lay at Greenwich Swane thus obtaining the Throne of England in the beginning of his Reign died suddenly After his Death the Danish Army and Danes make Cnute his Son their King and the English upon condition of his better Government send to Ethelred to return out of Normandy who sending for his Son Edward with promise of doing all things worthy of himself as King and the English People came himself soon after and was ioyfully received of the whole English Nation Cnute lay then at Gainsborough to whom the People of Northumberland and Lindsey in Lincolnshire submitted into the latter of which Ethelred hearing of their submission marched and destroyed it with Fire and Sword Cnute troubled that for his sake the Country should suffer sailed to Sandwich where he left the Hostages given to his Father Cnute departs and returns with 160 Ships Ib. A. D. 1016. Edric betrays Ethelred first cutting off their Hands and Noses and so departs yet in as short a time as might be returns again
Genovef The Earls with a great Army and Humphry de Bohun with three hundred of the Kings choice Horse met him and with the Banner of St. Edmund displayed before them charged that part of the Army in which the Earl of Leicester was and in a moment his Army was defeated and he and his Wife taken as also Hugh de Castellis a Noble Frenchman In this Battle fell Ten thousand Flemmings and the rest were taken imprisoned and starved The Earl of Leicester and his Wife and Hugh de Castellis with the better sort of those that were taken were sent into France to King Henry the elder and were imprisoned at Falais with the Earl of Chester About the Feast of St. Martin or Eleventh of November [1.] Ben. Ab p. 53. b. Several Castles in Anjou surrendred to King Henry the elder Many Knights and Esquires or Servientes taken King Henry the Father with his Brabanters marched into Anjou and about eight days after Geofry de Haya came to him and delivered the Town and Castle of Hay The Castle also of Prulli and the Castle of Campenâ— which Robert de Ble held against him were rendred in which last Multi Milites Servientes capti fuerunt many Knights and their Servants or Men were taken as for example Haimeric de Ble Miles Hosmundus Everardus Gaufridus homines ejus his Men or such as held of him in Knights Service or had done Homage to him and so to the number of forty Knights and Servants as the Historians do number them About the [2.] Ibidem Feast of St. Andrew or later end of November he came before Vendome Vendome taken which Brachard de Lavardin having expelled the Earl his Father held against him and took it from whence old King Henry returned into Normandy At Christmass [3.] Ibidem p. 54. a. A Truce betwixt the Kings of England and France A Truce with the King of Scots and 300 Marks given for it following King Henry the Father was at Caen in Normandy where a Truce was made between him and the King of France from the Feast of St. Hillary or Thirteenth of January until the Close of or eight days after Easter At the same time likewise Hugh Bishop of Duresm made Truce with the King of Scots at Revedal for the same time and gave him for it 300 Marks of Silver to be levied upon the Lands of the Barons of Northumberland In the time of this Truce [4.] Hoved. f. 307. a. n. 50. b. lin 1. Two Fortresses erected one in the Isle of Axholm another at Durham Roger de Mowbray erects a Fortress at the Ferry in the Isle of Axholm and Hugh Bishop of Durham erected one at Alverton When [5.] Ibidem lin 1. The young King and Earl of Flanders design an Expedition into England the time of the Truce was eâ—pired after Easter An. Do. 1174. the young King Henry and Philip Earl of Flanders propounded to raise a great Army with design to come for England and how they were diverted from the Voyage see afterward The King of Scots also not long after the Close of Easter [6.] Ben. Ab. p. 54. a. The King of Scots enters Northumberland with an Army having first collected his 300 Marks of the Barons of Northumberland entred it with his Army and there with his Scots and * So the old Historians called the Inhabitants of Galway and sometimes only Wallenses Galualenses or Inhabitants of Galway made great Slaughters and Ravages incredible and beyond the inhumanity of the most Barbarous Nations as these Authors report them His Brother [7.] Ibidem The King of Scots besiegeth Carlisle Waltes Northumberland Takes several Castles in that and the Neighbouring Countries David he sent to Leicester to assist that Earls Forces against the King whilst he besieged Carlisle where Robert de Vaus was Governor When he had been a few days before it he invested the Castle with part of his Army and with the other part he marched through Northumberland and wasted the Lands of the King and his Barons and took by Arms the Castle of Lidel which was Nicholas Stutevills and the Castles of Burgh and Appleby which were the Kings but in the Custody of Robert de Stutevill and the Kings Castle of Werkworth which Robert Fitz-Richard kept and the Castle of Jerby which Odonel de Vnfranvil held and then returned to his Army before Carlisle and staid there so long as the Garison wanted Victuals when the Governor Articled with him That he would deliver the Town and Castle upon Michaelmass-day following unless by that time he had Relief from the King of England and for performance of this he secured the King of Scots by Oath and Hostages From hence he went with his Army and besieged [8.] Ibidem p. 54. b. The Yorkshire Army prepares to Relieve Carâ—isle Prudhou the Castle of Odonel de Vnfranvil but could not take it for the Yorkshire Army prepared to come upon him the Commanders whereof were Robert de Stutevill and his Son William William de Vesey Ranulph Glanvill Ranulph de Thilli Constable to the Arch-Bishop of York Bernard de Bailoll and Odonel de Vnfranvil The King of Scots riseth from before it The news whereof raised the King of Scots from that Castle from whence he fled and besieged Alnwic and sent from thence Earl Duncan the Earl of Anegus and Richard de Morvill with almost the whole Army to harass pillage and burn the Countries round about His Army barbarously burns and wastes the Northern Countries which Orders they executed with barbarous and more than inhumane Butcheries and Cruelties if we believe these Historians In the mean time the Commanders of the Yorkshire Army being informed of his Retreat from Prudhou and that he had [9.] Ibidem p. 55. a. He besiegeth Alnwic besieged Alnwic and sent most of his Army from him they make towards him with mighty speed and on a sudden came before Alnwic where they found him secure sporting with his Soldiers and fearing nothing for when he saw them afar off he thought they had been his own Army under Earl Duncan but when they set upon him And before it is surprized and taken and took him Prisoner his Soldiers fled With him they took Richard Cumin William Mortemer William de Insula or Lisle Henry Revel Ralph de Ver Jordan a Flemming Waldeuf Fitz-Baldwin de Bicre and Richard Malus Juuellus This was done on the Thirteenth day of July On the same day [1.] Ibidem Hugh Earl of Bar the Nephew of Hugh Bishop of Durham landed at Hertlepole with forty Knights from France The Bishop of Durham hearing the King of Scots was taken Prisoner sent back the Flemmings â—e had retained He puts the Knights or Horse into Alverton Caâ—le and 500 Flemmings for whom the Bishop had sent but when he heard the King of Scots was taken Prisoner he remanded the Flemmings giving them forty days
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
investing them in their Earldoms girt William Marshal with the Sword of the Earldom of Striguil and Geofry Fitz-Peter with the Sword of the Earldom of Essex who though before they were called Earls and had the Administration of their Counties or Earldoms yet were not Girt with the Sword of their Earldoms The same day also he made [2] Ibidem Hubert Archbishop of Canturbury his Chancellor The King of Scots [3] Ibid. n. 50. The King of Scots reneweth his Demands by three Priors of his own Nation Reneweth his Demand of Northumberland and Tumberland and made the same promises King Iohn Answered them That when their Lord the King of Scots his Dear Cousin came to him he would do what was just concerning that and all his other Demands [4] Ibid. b. lin 5. And sent Philip Bishop of Durham to meet him hoping he would come having sent Roger Bishop of St. Andrews and Hugh Malevise for him and went himself to Nottingham at Whitsunday and staid in those parts in Expectation of him but he would not come he only sent back the two Messengers to him with demand of the two Counties and to let him Know if he denyed his demands he would endeavor to acquire them by force and expected his Answer within Forty Days In the mean time King Iohn committed Northumberland and Tumberland with their Castles to the keeping and defence of William Stutevil And having dispatched his Affairs in England passed into Normandy and landed at Diepe King John passeth into Normandy and was at Roven on [5] Ibid. n. 30 40. And makes a Truce with the King of France Midsummer Day where came to him a Multitude of Soldiers Horse and Foot and presently there was a Truce made between him and the King of France until the Morrow after the Assumption of St. Mary that is the 16th of August and here Philip Earl of Flanders did Homage to King Iohn six days before that Feast Philippus comes Flandriae devenit homo Regis Iohannis apud Rothomagum c. Henry [6] Ibid. f. 452. a.n. 10. France and Normandy interdicted Earl of Namur brother to Philip Earl of Flanders Peter of Donay a Famous Soldier and his Brother the Elect of Cambray were taken by some of the French Kings Soldiers and delivered to him Peter of Capua a Cardinal and the Pope's Legat interdicted France for the taking of the Elect of Cambray as also Normandy for the Detention of Philip Bishop of Beavais and before he would release the Sentence the King of France was forced to Release the Elect and King Iohn the Bishop of Bravais But because he was taken in Arms he gave King Iohn 2000 Marks Paris [7] f. 198. n. 50. says 6000 and took an Oath never to bear Arms again against Christians Philip King of France [8] Hoved. f 452. a. n. 10.20 The King of France Knighted Arthur Duke of Britany and received his Homage Knighted Arthur Duke of Britany and Received his Homage for Anjou Poictou Tourain Main Britany and Normandy In the Morrow after the Assumption of St. Mary August 16th the two Kings treated two Days by their Commissioners between Buravant and Gaâ—llon and the third Day they spake by themselves but the King of France shew no Kindness to the King of England and the reason was because he had possessed himself of Normandy and other Countries without his Licence whereas he ought first to have come to him and demanded his Right and done him Homage In this Treaty [9] Ibid. n. 30. His Demands of King John the King of France Demanded all Veuxin That is all between the Forest of Lions the Seyn the Isle of Andeli and the River Ept. Affirming that Geofry Earl of Anjou the Father of Henry Son of Maud the Empress had given it to Lewis the Gross King of France for his assistance in gaining Normandy from King Stephan of England And Demanded that Poictou Anjou Tourain and Main might be rendred to Arthur Duke of Britany and made other Demands the King of England could not Grant King Richards riches adhered to King John and so they Departed The Earls and Barons of France that had adhered to King Richard became the men of King Iohn and Sware to him they would not make Terms with the King of France unless with his Consent and he Swore to them he would not make Peace with him unless they were comprehended in it In October the King of France [1] Ib. b. l. 1. took the Castle of Balun which was taken ill by William de Rupibus or Roche General of Duke Arthurs Forces was sent to him that there was no such Agreement between his Lord Arthur and him The King replyed he should not omit to do his pleasure notwithstanding his Lord Arthur and then went and besieged Lavardin [2] Ibid. l. 7. but hearing the King of England was coming with his Army left the Siege and marched to Mans King Iohn followed him and he left that place In the mean time William de Roche had craftily gotten Arthur out of the [3] Ib. n. 10. Arthur reconciled to King John and made Governor of Mans. custody of the King of France and reconciled him to his Uncle King John and delivered to him the City of Mans of which he was made Governor by them both and the very same day it was told Duke Arthur that King Iohn would put him in prison whereupon he and his Mother that night made their escape to Anger 's Paris [4] f. 198. n. 30. says he went privately to the King of France William * Hoved. f. 453. a. n. 30. A. D. 1199. William King of Scots admonished by a Revelation not to invade England King of Scots in pursuance of his Claim to the Counties of Northumberland and Cumberland raised an Army with intention to invade England but coming to the Shrine of St. Margaret sometime Queen of Scotland which was at Dunfermlin where he stays all night he was admonished by a Revelation in his Sleep That he should not invade England with his Army and so he permitted it to depart home or discharged it Permisit exercitum suum Domum redire After Christmass the two [5] Hoved. f. 454. b. n. 10.20 A. D. 1200. A Treaty between King John and King Philip. Kings met at a Treaty between Andeli and Gaillon in which Treaty they agreed That Lewis Son to the King of France should take to wife Blanch the Daughter of Alfonso the Eighth King of Castile King Iohns Niece with whom he was to give and quiet claim the City of Eureux and the whole Earldom and all the Fortresses and Castles which the King of France had in Normandy at the time of the death of King Richard and besides give her 30000 Marks of Silver and did Swear That he would not give any assistance to his Nephew Otho in Men or Money whereby he might obtain the Roman Empire to which
a Wall of Defence for the House of the Lord but when they saw the Wolf coming they left their Sheep and fled After this general Seisure of the Temporalties and Goods of the Bishops and Clergie But restored them to those who refused to comply with the Interdict to such of them as submitted to the King and refused to comply with the Interdict who celebrated Divine Service and administred the Sacraments the King by Special Writs [2] Append. N. 89 90 91. restored their Temporalties Goods and Chattels keeping in his hands the Lands and Goods of all Abbots Priors Religious and Clercs who submitted to the Interdict nor did he seize the Lands or Goods of any other Religious Persons or Clercs but such as [3] Append. n. 92. refused to perform Divine Service after the publishing of the Interdict which was upon the Monday next before Palm Sunday or the sixth Sunday or last Sunday in Lent And for the security of their Persons he Issued his [4] Append. N. 93. He sent out his Precept for their Protection Precept That no Man against his Peace should abuse either Clercs or Religious in word or deed and if they did and could be taken they should be hanged upon the next Oak Likewise for their Grain he [5] Append. N. 94. permitted all Arch-bishops Bishops Priors Religious Persons and Clercs after their Barns were shut up to sell it until the Feast of St. Catherin that is the 25th of November King Iohn Reflecting upon the Circumstances he was in fearing [6] Paris f. 2â—7 n. 10. He requires pleges of his great men for security of their Fidelity the Pope might absolve his Subjects from their Allegiance to him required Pleges of all the Great Men he suspected to be delivered to him for their future fidelity Many complied with his Commands some delivered their Sons others their Nephews or nearest Relations to the Messengers or Commissioners he sent for them [7] Ibid. n. 20. some of which coming to VVilliam de Braosa his Wife Maud told them she would not deliver her Children to their Master King Iohn because he ought honorably to have provided for his Nephew Arthur whom he Basely Killed Next Year [8] Ibid. n. 50. A. D. 1209. He forces the King of Scots to desire peace the King raised a great Army and marched toward Scotland and when he came to Norham Castle in Northumberland the King of Scots there met him and desired Peace King Iohn Reproves him for Receiving favouring or assisting his Fugitives and public Enemies but by the Mediation of Friends to both Nations [9] Ibid. f. 228. lin 1. The Terms upon which the peace was agreed they agreed upon these Terms That the King of Scots should pay unto him Eleven thousand Marks of Silver and that his Daughters should be delivered Pleges for the securing of Peace between them Afterwards [1] Ibid. lin 6. He received the Homages of all free Tenents in the Kingdom he received the Homages of all Men that were Free Tenents and Boys of 12 years of Age of the whole Kingdom suppose their Sons only whom after they had done their Fealty he received Kindly and dismissed them with the Kiss of Peace Deinde cepit Homagia de omnibus hominibus libere tenentibus etiam Duodecim Annorum pueris totius Regni Quos omnes post fidelitatem factam in Osculum patis accepit ac Dimisit [2] Ibid. lin 8. The Welchmen came to him at Woodstock and did their Homages The Welchmen also which was never heard of before came to the King at Woodstock and did their Homages to him although it was Burthensome as well to the Rich as Poor After two years [3] Ibid. n. 20. Pope Innocent commanded the Bishops to Excommunicate King John by name continuance of the Interdict and there seemed no hopes of King Iohns amendment or his giving Satisfaction Pope Innocent could no longer suffer his Rebellion to go unpunished Papa Innocentius ipsius Rebellionem Diutius multam Dissimulare non potuit whereupon by advice of his Brother Cardinals he Commanded the Bishops of London Ely and VVorcester by name to Pronounce him Excommunicate That so by Publishing the Sentence every Sunday and Holy-day in all Conventual Churches through England they might cause him more strictly to be avoided by all men [4] Ibid. n. 30 But when those Bishops committed the publication of the Sentence to their Brother Bishops and other Prelates that remained in England they all became Dumb Dogs either by favour or fear of the King and dare not Bark The Bishops in England durst not pubblish the Sentence Effecti sunt universi metu regio vel faâ—oâ— Canes muti non audentes Latrare and therefore Dissembling to Execute what was injoyned them they did not proceed in doing the Popes Commands according to due Form of Law Nevertheless the Sentence was known to all men and filled their mouths with Discourse [5] Ibid. n. 40. Geofry Arch-Deacon of of Norwich leaves the Kings Service Amongst whom Geofrey Arch-Deacon of Norwich as he sate in the Exchequer managing the Kings business Discoursed with his associates concerning the Sentence pronounced against the King saying it was not safe for Beneficed men to remain any longer in the Service of an Excommunicated King and so departed without leave The King having notice of it sent VVilliam Talebot a Knight after him with some Forces who took him put him in Prison and in Bonds His punishment where after a few Days by the Kings Command he had a Leaden Cope put on with the pressure whereof and want of Victuals he Dyed In this Time of the Interdict one Master [6] Ibid. n. 50. A. D. 1209. Alexander Caementarius mainteined the Kings cause against the Pope Alexander called Caementarius a counterfeit Divine Speudo-Theologus maintained the Kings Cause against the Pope Mat. [7] f. 269. n. â—0 Westminster says he was at Paris a famous Master Rector and Reader in Theology Parisijs celebris haberetur Magister Rector Lector in Theologia and that he Defended the Kings Cause out of Ambition And for that Reason by [8] Paris f. 229. lin 6. His Goods and Benefices taken from him procurement of the Pope his Goods and Benefices were taken from him and was reduced to so great Misery as in a poor habit he was forced to beg his Bread from Door to Door In the Year 1206 Dyed [9] Mat. West f. 267 n 20. f. 268. n. 50. VVilliam Bishop of Lincoln and this [9] Mat. West f. 267 n 20. f. 268. n. 50. year Hugh de VVells the Kings Chancellor was chosen Bishop who obteined leave of the King to go into France that he might receive his Consecration from the Arch-Bishop of Roven [1] Mat. Paris f. 229. n. 10 20. Hugh Bishop of Lincoln received his Consecration from Stephan Langeton The King Seized his Bishopric So soon as
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
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
demands Ibid. D. He and his Sons banished Ibid. F. They much infest the English Coast fol. 133. D. The difference between the King and them composed Ibid. E. F. His sudden death f. 134. A. Gogmagog Hills a Roman Camp f. 48. B. Goisfrid Bishop of Constance Chief Justiciary of England f. 151. C. D. Gothrun King of the Danes converted to Christianity f. 115. B. Northumberland granted to him by Elfred Ibid. C. Gratian otherthrown and slain by Maximus f. 37. D. John de Gray Bishop of Norwich chosen by the Monks Arch-bishop of Canturbury f. 474. E. The Suffragans oppose his Election f. 475. A. The Pope gave sentence on the Monks side Ibid. B. His Election nulled by the Pope f. 476. A. Walter de Gray chosen Arch-bishop of York and gave 10000 l. for his Pall f. 405 C. He was made Governor of England by Henry the Third f. 583. E. Gregory the Ninth made Pope f. 540. A. He voided and confirmed Elections of Bishops at his pleasure f. 542. B. C. A Tenth of all Moveables granted and paid him in England and Ireland Ibid. E. F. His Policy to get Money from the English f. 565. D. He Excommunicated Frederic the Emperor f. 572. C. He and the Conclave chose Robert Brother to Lewis King of France Emperor f. 573. F. His Demands of the Abbat and Convent of Burgh f. 577. C. The Monks Answer to his Demands Ibid. D. His Death 581. B. His Collector too nimble for Henry the Third Ibid. Griffin Son of Lewellin Prince of Wales treacherously used by his Brother David f. 578. lin 1. He offered to become Tenant to Henry the Third Ibid. A. and 579. C. His unfortunate Death f. 589. F. Ralph de Guader conspired against the Conqueror f. 20â— B. C. He was defeated and put to flight and his followers barbarously used Ibid. D. His Valour in defence of Bretevil Castle f. 249. D. E. Guido the first Legat ever the Pope sent into England f. 256. E. Baldwin de Gysnes Governor of Monmouth Castle defeated by Richard Earl Mareschal f. 557. A. H. HAdrian Saluted Emperor and came into Britain with an Army f. 27. C. He made a wall eighty Miles in length Ibid. D. Hageneth Castle taken f. 315. F. Harde-Cnute made King by the English and Danes f. 130. B. He laid a great Tax upon the Nation f. 130. C. His sudden Death Ibid. D. Harold sent into Normandy by the Confessor to do Fealty to Duke William f. 135. B. His Promise to Duke William to Marry his Daughter and to secure the English Crown for him Ibid. D. E. F. He was Crowned King by Aldred Ibid. His Answer to Duke Williams Messengers f 136. A. His success against his Brothers and other Enimies Ibid. B. C. He was overthrown and slain by Duke William f. 137. B. His Sons invade England f. 194. C. Hasculf attempted to regain Dublin f. 357. C. He was repulsed taken and beheaded Ibid. D. Helena mother to Constantine who she was f. 33. A. B. Hengest and Horsa Chiefs of the Saxons f. 94. A. Kent given to them for a reward Ibid. D. Henry the First King of England born f. 193. C. His Charter for holding County and Hundred Assemblies f. 144. E. He convened the County at his own pleasure f. 144. B. Controversies between great Barons reserved to his own Court Ibid. C. Various accounts of his ascending the Throne f. 233. C. D. E. He is Crowned he sealed a Charter and revoked Anselme f. 234 B. D. E. He was reconciled to his Norman Nobility f. 235. E. F. He made Peace with his Brother Duke Robert 236. B. C. He summoned several great men to their Trials f. 237. D. The great men of Normandy invite him thither f. 240. C. He setled Peace among them and rebuked his Brother Ibid. D. E. His second Expedition into Normandy and success there against Duke Robert his Brother f. 241. A. B. E. F. and f. 242. C. He sent his Brother Robert Prisoner into England f. 243. A. He resumed his Fathers Lands in Normandy Ibid. B. C. His Justice upon all Out-rages Rapes and Coyners f. 244. C. D. His Success against the Earls of Montfort and Anjou fol. 245. C D. F. A Peace made between him and the King of France f. 246. A. He made a Compleat Conquest of Normandy Ibid. B. C. He destroyed his Enemies Towns and Castles there and overthrew Lewis King of France f. 248. D. E. F. Pope Calixtus moved him in behalf of his Brother Robert His Answer f. 251. C. His Return into England and Marriage Ibid. F. and fol. 252. B. He defeated the Confederacy of the Norman great men Ibid. C. E. F. They submit to him and are received into Favour f. 253. A. He sent for his Daughter Maud the Empress Ibid. B. He was disturbed by Geofry Duke of Anjou his Son in Law f. 254. E. F. His Clemency and Bounty a little before his Death fol. 255. B. He named his Daughter Maud his Success or Ibid. C. His kindness to the Clergy and rigor to Seculars Ibid. E. His quarrel with Anselm about Investitures f. 257. A. B. E. He is reconciled to Anselm and parted with the right of Investitures f. 261. A. 263. B. His great Exactions to raise Monâ—y f. 261. C. D. He kept the Arch-Bishoprick of Canturbury five years in his hands after Anselm's death f. 265. E. He would not prefer any English Man f. 266. l. 1. He would not suffer a Legat to come into England until desired f. 268. A. 269. B. He confirmed the Canons of Councils Ibid. D. And compounded with Priests to lâ—t them live with their Wives Ibid. E. His Taxes and Impositions f. 270. His Issue Legitimate and Natural Ibid. C. D. f. 271. What Treasure he left f. 273 B. Henry 2d Eldest Son to Maud the Empress cometh into England and was Knighted by the King of Scots f. 288. D. E. f. 290. F. He received the Dukedom of Normandy f. 291. A. He married Alienor Countess of Poictou and secured Normandy and returned into England Ibid. D. E. F. 292. D. Overtures of Peace between him and King Stephen f. 292. F. The Terms on which the Accommodation was made f. 293. A. How he came to the Crown of England f. 298. C. He Banished Strangers and revoked the Crown-lands alienated by King Stephen Ibid. D. F. His Son Henry born f. 299. B. His Great Men swear Fealty to his Son William Ibid. He Subdued the Welch and received their Homage Ibid. C. D. He was absolved his Oath to his Brother Geofry by Pope Adrian f. 300. A. The Agreement between him and his Brother Ibid. B. Nants Surrendred to him by Conan Earl of Britany Ibid. E. And several other Castles yielded and taken Ibid. F. He claimed the Earldom of Tholouse f. 301. B. His Expedition to persue his Title and Success Ibid. D. E. f. 302. A. B. A Truce between him and the King of France Ibid. D. The Number and Pay of his
upon their People The Saxons and Francs Invade the Bâ—itish Isles And in the Fourth Consulate of the same Emperors An. Dom. 373. [5.] Chronicon Cassidori fol. 696. the Saxons collected [6.] Val. rerum Fran. liber 1. fol. 47. a great force of the Germans to have Invaded Gallia And near the Rhene about 80000 of them were slain by the Direction of Valentinian Neither did they only infest the Coasts and Country of Gallia but the British Isles and wherever else they could make descents Plunder and Wast the Country and bring it under Tribute living upon and enriching themselves by Rapine and Pyracy [1.] Ann. Marcell lib. 28. c. 7. They became dreadful for the sudden Invasions The Count of the Saxon-shore being the most dreadful of any People from their sudden Invasions and therefore the Romans appointed an Officer to drive them away and secure the Nation from their Attempts called the Count of the Saxon Shore throughout Britain who had several Garrisons upon the Coast of this Nation supplied with a sufficient number of Horse and Foot under his Command for the performance of this Service as is said before in the Roman Story We see here the Franc's were joyned with the Saxons in Râ—pine and Pyracy Bede fol. 58. of his History adds the Jutes and Angli to those which were invited into England and Selden adds to them the Danes and Frisons The Danes and Frisons joyned with the Saxons in his Chronologie at the end of Janus And it is not to be doubted but that under the Names of Saxons were comprehended many other People such as would joyn with them in Rapine or Piracy or such as they had subdued which by the Conquering Romans or their Neighbour-Nations were forced to live for their own safety in Islands Boggs and Morasses upon and near the Coasts of the German-Sea Saxonum gens in Oceani littoribus paludibus â—nviis sita Orosius The Seat of the Saxons in Germany from the River Eydor in Juteland to the Elv and from thence to the Rhine According to Ethelwerd an ancient and noble Saxon Writer lib. 1. fol. 474. a. n. 30. and that they were possessed before their Invasions of England and France of all Jutland Holsatia c. to the Elv and all the Coasts from that River to the Southermost Mouths of the Rhene and Scheld Cluverius in his Third Book Antiq. Germ. c. 21. and 23. and Mr. Sheringham in his Book de Origine Gent. Angl. c. 2. n. 1. and c. 3. n. 1. do both Assert And these German People coming hither under the Names only of Saxons or at least of Saxons Angli and Jutes which are only reported by our Historians to have come with them might as well have been called Almans as the collection of the several People of Gallia Almain Why so called or rather Allmannia Allmannie whom want and poverty had made daring and couragious which Conquered the Country in Germany lying between the Rivers Rhene Main and Danube called after their Conquest De Allmaner or Die Allemanner from this Miscellaneous Collection or Convention of all sorts of People by whom it was Conquer'd As Agathias an approved Author that lived near the time of this Transmigration of the Galls into Germany assures us lib. 1. Ethelw lib. 1. Seld. Dom. Sea 250. The Miscellaneous People of the Saxons called into England against the Picts and Scots This Miscellaneous People thus known to the Britains by their frequent spoyling and harrassing of the Country near the Sea-Coasts for many years together were called into their Assistance against the Picts and Scots when the Romans left this Island and made themselves Masters of it as is related in the ensuing History What their Policy and Government was and by what Laws and Rules they Govern'd here comes next to be enquired into These as all other People at first lived without Written Laws and were guided by Customs and Usages onely The antient Romans lived by Custom rather then Written-Law as Pompon in leg 2. § 3. de origine juris speaking of the ancient Romans says they used rather an uncertain Law and Custome then any that was Written and adds that it was to be thought the old Longobards and Saxons as being Brothers observed the same thing living in old time by Customes without Written Laws Which agrees with Tacitus as before cited But more particularly of the Saxons after their coming hither The Saxons used only their own Customs they brought out of Germany Selden affirms expresly that they received not the Caesarean or any other Law but onely used their own Customes which they brought with them out of Germany Dissert ad Flet. c. 7. p. 505. And when any Nation or People began to be more Civilized and to Write their Laws they were but the Customes they had constantly used unless the rude and barbarous Traditions and Customes of the Pagans were by the first or antient Christian Kings altered or abolished Lindenbrog prologomen in cod leg Antiquarum and more particularly Gryphiander * De Weichbild Saxon. c. 37. n. 4. Laws increased with Civility concerning the Saxons from Crant lib. 2. c. 21. when as by time Civility increased in the Saxon Nation the observation of Laws also increased Thence it was that those things which by long use had been approved were at length reduced into a Code or Book which unwritten Traditions and Vsages I shall not prosecute as being the same with the Written Laws of the Germans which are more antient then any I find of the English Saxons in this Nation The first of the Saxons here that I have met with are those of Ethelbert mentioned by Bede lib. 2. c. 5. fol. 120. which he says Ethelbert K. of Kent gives Laws after the Example of the Romans according to the example of the Romans he made by the Counsel or Advice of his Wise Men and that they were Written in the English Tongue and observed in his time I confess these Laws I have not seen but they are noted by the Laborious and Learned Dugdale in his Origin Jurisd c. 22. but there cannot probably be much in them if any thing at all more then is in our Saxon Lawes published by Lambard For Allured in the Preface to his Laws says That by the Advice of his Wise Men he Collected what ever was worth notice out of the Laws of Ethelbert Ina and Offa and caused them to be observed and omitted the rest The beginning of Ethelberts Reign is fixed in the Year 561 He began his Reign A. D. 561. by this worthy Author but according to Bede's Account he began his Reign in 557. for he died Anno Dom. 613. and Reigned 56 Years King of Kent as he reports in the beginning of the Chapter aforesaid The next Laws of the Saxons I find any where are Ina's Ina's Laws King of the West Saxons Printed in Lambert's Archaionomia fol. 1. This King
Liberty or Freedom as whether he was a Free-man or not or when the Controversie was concerning an Inheritance in all other cases the Earl or Comes distrained them and the proceeding was by * The word Distringere in the old German Law is used as in ours to force men to appear in Court or give satisfaction by taking a Distress Distringas from the Comes after Summons a method used this day in many if not all of our County and Hundred Courts in this Nation and if after the second Summons they appeared not all their Goods were seized Ll. Longob lib. 2. Tit. 43. c. 2.4 Ll. Boioar. Tit. 6. Also qui ad Mallum legibus mannitus fuerit non venerit si eum Sunnis (i) Sunnis an impediment or excuse hence the Barbarous Latin Exonia and the French Essoin and from them it came into our Law and in casting and pleading Essoins a great part of the Art of our old Law was contained non detinuerit sol 15. culpabilis judicetur c. If any man according to Law was summoned to the Mall and came not if he had no excuse or impediment he was punished fifteen shillings so the second and so the third time the fourth time he was in contempt and his Possessions were seized until he appeared and gave satisfaction in the matter for which he was summoned and if he had no propriety of his own his Fee if he had one was seized The first Summons was upon a weeks notice the second a fourteenights the third three weeks and the fourth 42 nights or six weeks The Summons was thus made he that summoneth another man went to his House with Witnesses How Summons were made and summoned him in his own Person but if he found him not he gave his Wife notice or any of his Family that they should tell him he was summoned which was sufficient Ll. Salic Tit. 1. § 3. and in many other Laws 't is probable the Comes made his Summons by a Writ or short writing in manner of a Citation a Form of which is extant in Marculphs formulae n. 116. As to the English Saxons Mr. Lambard [5.] Arch. p. 64 65. thinks their proceeding in Judgment was de plano and without Solemnity they used for ought he could observe not to call the parties by writ or writing but sent for them by certain Messengers or Ministers such as we from the Normans call Serjeants from the Latin Serviens a Servant and if they did use any Writs 't is strange the Forms of some of them should not be found in the Leigers or Books of some of our old Monasteries or in some of our old Historians Yet one there is in Spelm. Gloss cited out of the Book of Ramsey in Hardy-Cnute's time about 1041. A possessionary Writ to the Burgers of Thetford by which he willed and commanded that Aethelstane Abbat of Ramesey should have his House or Farm in Thetford in Norfolk as fully and freely c. But this seems to be of a later date and made after the Norman mode by the stile of it and put in here to secure the Title Though we have no clear examples of the Process and Judgments here in the English Saxon times yet we find some very antient amongst the Germans by which we may receive some light perhaps how they proceeded in this Nation [6.] Appendix The Form of a Judgment in old Germany One Hrothelm comes to the publick Mall for the hearing of all Causes holden by Humfrid Earl of Rhaetia in his Court in the Fields the Seventh year of the Empire of Charles the Great Anno Dom. 807. or there abouts complains to the Comes and claims a House unjustly with-held from him The Earl calling together the Witnesses which were of the very Country where the House was and charged them upon their Oath that they should speak the truth what they knew in that cause And they said they knew the bounds of the House and the ground that one Mado had bordering upon it and they set out the bounds of the Houses and Land what belonged to Hrothelm and what to Mado then he commanded them to go upon the place and shew the bounds which they did and fixed the bounds between the two dwellings as they had said and the Earl directed many Nobles there present to go with them This being done the Comes asked the Scabins what they would Judge in that Cause and they said according to the Testimony of those men and his Inquisition and Judgment was given accordingly These are the Names of the Witnesses or Jurors Valeriano Burgolfo Vrsone Stefano Majornio Valerio Leontio Victore Maurestone Frontiano Florentio Siptone Valentiano Quintello Stradaris These are the Names of the Scabins Flavino Orcisino Odmaro Alexandro Eusebio Maurentio and very many others N. 1 2 3 4 5. in append See the Judgment its self in barbarous provincial Latin And that these Testes were the same we call Jurors or Jury-men is evident from the Laws of the Longob lib. 2. Tit. 51. de Testibus The best persons in every Territory or City against which there was no Crime Testes and Jurors the same In pago vel civitate What sort of men the Testes were to be were to be Witnesses c. 3. The Comes or Judges were to admit none of ill Fame in their Country to be Witnesses c. 7. Witnesses not to be of any other County nisi de illo comitatu where the things in Controversie were because it was presumed none could know better the State and Condition of a man whether Free or a Slave or the Possession of any man better than their neighbours such as were nearest them c. 11. Such Free-men only as had a Propriety of their own were admitted to be Witnesses and not Tenents or such as resided upon their Lords Lands and had no Propriety of their own yet such might be Conjurators of other Free-men because they were Free-men c. 15. Capit. Car. Ludov. lib. 5. c. 150. Now let any man consider these qualifications of their Witnesses and he must think them the same with our ancient Jurors or Jury-men in England for Witnesses in private Causes between man and man could not be capable of these circumstances and that in all probability Jurors were used all old Germany over before we had them here And also that the twelve Thanes mentioned in King Edgar's Law were Scabins inferior Judges and Assessors with the Aldermen and not Jurors Somewhat like our Justices of Peace at our Assizes Before the Conquest and at the time of making the Survey on Doomesday-books the Jurors here were also called Witnesses Ll. Canut polit c. 76. he that hath defended or secured his Land by the Testimony or witness of the County be Scire Gewitness and in Doomesday the Verdict of the Jury is often called the Testimony or witness of the County or Hundred Clamores de Eurwicscire North Treding homines qui
the Germans had their own Laws agreeing generally in many things The several Nations in Germany had different Laws So it was in our English Heptarchy though different in some particular Usages and Customs So without doubt had our English Saxons under the Heptarchy every Kingdom whereof having been reared and erected either by a different people from Germany or else by the same people under divers Leaders who were invited hither and became sharers of the Nation and established Laws either according to the Laws of the Country from whence they came or their own Dictates what they thought most fit and expedient In process of time all these Laws became merged In Process of time all the Laws were called the West-Saxon Law The Danish and Mercian Laws why so called and by coalescence had the Titles only of the West-Saxon Law And after the Danish Invasions and Dominion of the Danish Law and the Mercian Law which had its denomination from the Mercians and was indeed no other than the Law of that Kingdom as the West-Saxon Law was the Law of that Kingdom and the Danish Law the Law introduced by the Danes while they had the Dominion in the whole or some parts only of the Nation The several Kingdoms of the Heptarchy not governed by a distinct Law yet perhaps the several Kingdoms of the Heptarchy nor the greatest part of them were constantly governed by the same Law but sometimes by one sometimes by another or many of them had one and the same Law for Mercia in the Reign of King Ethelred was governed by the English Law as may be seen in the Preface of his Laws before cited that is the East-Angle Law which was in all probability most Danish at that time And as in Laws legal Customs and Usages so likewise they agreed in other things and Practices The old Germans or Saxons were wont to defend and secure their Bounds and Limits by great â—itches The old Germans and English Saxons secured their Lands by great Ditches such was the Saxon Ditch or Vallum that King Pâ—pin [4.] Adelm anâ—al An. 7â—8 forced and by which he entred Saxony after a stout defence the Saxons made upon it to keep him out of their Country And that also called [5.] Olaus Woâ—mius fol. 55. Dane-Werke erected by the Danes as a Boundary and Defence against the Saxons made of Earth and Stakes in Jutland or rather the Dutchy of Sleswick from the River Sley on the East-Sea to the West-Sea a large Description whereof may be seen in Olaus Wormius above cited Offa's Ditch Like unto these we had in England Offa's Ditch which Asser in the Life of [6.] Fol. 3. â— 30 King Alfred calls (r) Vallum from whence our English word wall was a Bank cast up on the brim of a Ditch Vallum what palisado'd or fortified with sharp Stakes outwardly toward the Ditch with their points depending to hinder any thing from getting over it and the distance between the Palisado's or Stakes Intervallum what was called Intervallum from Vallis denoting the same with Sudis or Tribulus a sharp Stake or Turn-pike and from hence also Vallum so that not every great Bank was to be called Vallum but such an one thus fortified Vallum and says that between the Brittains and Mercians it reached from Sea to Sea [7.] Britan. fol. 478. Radnor-shire Cambden tells us this Ditch was made by Offa King of Mercia as a Boundary and Defence of his Kingdom of Mercia from the Britains that it was in length from the mouth of the River Dee to the mouth of the River Wye above 90 Miles and that Harold made a Law that whatever Welch-man was found on the English side of it with a Weapon should have his right hand cut off Speed in his general Description of Wales says it began at Basinguerke in Flint-shire and passed to the South-Sea near Bristol in length about a hundred Miles and that the Country between this Ditch and the Rivers Dee and Wye were called the Marches of Wales Wans-ditch In the West of England there was another Ditch called Wans-ditch or Wodens-ditch passing East and West through the planes and near the [8.] Cambd. Wilts fol. 176. middle of Wiltshire which was a Boundary of the West-Saxons Kingdom and bank of defence against the Mercians In the East of England there are other Ditches as the first and great Ditch upon New-market Heath Divels Ditch called Divels-Ditch about a Mile from the Town it begins at Rech a Town in Cambridgeshire which standeth just upon the Fens Morasses or Bogs and the Ditch passeth through that which is now the Street to the very Fens And is extended over the Planes called New-market-Heath about eight Miles to Wood-Ditton in a straight Line where it endeth in Woods and Thickets or in that Country which is at this day called the Wood-lands The heighth of the Bank in many places is now sixty Foot from the bottom of the Ditch as it riseth sloping to the top of it and the breadth from the brim to the great bank near forty Foot if not altogether so much And this was the main Wall or Bank Boundary and Defence of the East-Angles against the Mercians And as they extended their Limits the East-Angles threw up another Ditch Seven-mile Ditch now called the Seven-mile Ditch distant from the other about six or seven Miles South-west The Bank whereof is now in many places from the bottom of the Ditch forty Foot as it riseth sloping in heighth and the breadth of the Ditch proportionable It begins in the Wood-lands at Balsham in Cambriage-shire near a House and Farm called Godscroft and is carried on not altogether in a straight Line about four Miles to Fulborn Town end and from thence turns towards the two Towns of Wilbraham Northwest and ends upon the Fen or Boggy ground between Fulborn Wilbraham and Teversham and begins again on the North-west side of that Fen or Bog at Qui-Watering and passeth along from thence through Fen-Ditton-street to the River Grant or the low grounds of Ditton Chesterton Malton c. then perhaps Fens or Bogs or drowned Lands All these Ditches were drawn and cast up either from and between several Waters Rivers Fens and Woods Ditches of Defence in what places usually cast up or between Woods and Woods for under the shelter and security of these the English Saxons as well as the old Germans thought themselves safe And that the Germans constantly retired to Bogs Fens or Woods as to their places of safety and retreat we have sufficient Testimony from [9.] Ex Edit Stâ—ph 1581. fol. 147. Herodian who tells us that the Emperor Maximinus having wasted much of Germany destroyed the Corn and permitted to his Soldiers the Plunder of the Cattle could find no Enemy for that the People had left the Field and plain Country and fled or retired into Woods and Fens so I turn
payment of Tithes another for the payment of a Penny to Rome imposed upon every House at the Feast of St. Peter under the Forfeiture of 120 shillings to the King many Canons also were set forth in his time which relish of the present Age and contain nothing extraordinary Edward the younger A. D. 975. Malms l. 2. de gest R. R. c. 9. Florileg A. D. 975. Opposed by his Mother in Law Elsted Edward called the younger the eldest Son of Edgar by Egelfleda his Wife was placed in his Fathers Throne according to his just right but contrary to the design of Elsrida his Mother in Law and second Wife to Edgar who made it her business to set up her own Son Ethelred a Child of seven years of Age and half Brother to Edward that she in his Nonage might govern the Nation The Factions between the Monks and Secular Priests begun in Edwin's days The Controversie between the Monks and Seculars divides the Nobility were now revived and extended themselves to the Nobility many of which sided with each Party Dunstan with the Monks and all that Party adhered closely to King Edward the Seculars and other Party favoured Queen Elfrid and her Son Ethelred many of the Nobility and great men threw out the Abbats and Monks which Dunstan had placed in Monasteries Ibidem and brought in and placed there Secular Clerks or Priests and their Wives Two Councils about this Controversie A.D. 975 977. several Synods or Councils were held about this Controversie between the Monks and Seculars one at Winchester another at Caln in Wiltshire That at Winchester ended with confirming the Monks in their Possessions moved to it by the voice from a Crucifix pronouncing in favour of them Ibidem the issue of that at Caln is not clearly affirmed by the Relators telling only a Story of a Beam that fell down while the Discourse was hot about matters in Difference where all or most were slain but Dunstan who strangely escaped Amidst these Contests of the Clergy and Nobility Queen Elfrid took her opportunity of murthering Edward to make way for her Son Ethelred Ib. A.D. 978. Edward murthered by Elfrid his Mother in Law which she caused to be done after this manner Edward weary with Hunting and being very thirsty alone while his Attendance followed the Dogs hearing that his Mother and his Brother Ethelred were at (k) Camb. Ibid. Now Corfe Castle in the Isle of Purbecke in Dorsetshire Corvesgate innocently went thither she with all Demonstration of kindness welcoming him commanded drink to be brought forth and while he was drinking caused one of her Servants privately before instructed to Stab him after he had reigned about three years Edward thus removed Ethelred A. D. 979. left his half Brother Ethelred right Heir to the Crown which he received in the presence of Dunstan Archbishop of Canterbury Oswald Archbishop of York Flor. Wigorn. A. D. 978. and ten Bishops more whom Dunstan severely rebuked for aspiring to the Kingdom by Blood and prognosticated the Inundation of the Danes which followed This King's Easiness Inactivity and Softness An easie unactive King gave the greatest occasion to the Danes Conquest who well understanding his Temper and enticed by the Riches of the Nation The Danes after many years quiet invade England and their Country-men here who lived in great peace and quietness until this time first landed in one place then in another 't is to no purpose to name the particular places or follow them in their Sea-rambles and Landings first seizing the Towns and Countries near the Sea then others more remote until at last they wasted the whole Nation Ethelred often attempted to drive them out of the Kingdom and sometimes did beat them but to no purpose they always retired to their Ships with their Plunder and Spoils and as often as they were worsted were reinforced from Danemark and Norway His Nobility were not unlike him being Easie Supine and Cowardly and most of them allyed to the Danes in Blood Ethelred betrayed by his Nobility so that upon any great occasion or fair hopes of Victory over them he was for the most part by Fear or Treachery betray'd by some of them but by Edric more especially After many years experience of their barbarous Murthers and Cruelties by the consent and advice of his great men The Danes barbarous Cruelty he sent Messengers to them to buy Peace offering them Tribute which was called (l) Compounded of the words Dane and Gelt or Geld that is Money Danegeld what it was and this word signified as much as Danes Money Tribute or Tax paid to them The first Tribute paid to the Danes that they should abstain from Rapines Burnings Flor. Wigorn. A. D. 991. Ethelred buys Peace Ibid. A.D. 994. and Slaughters of men upon the Sea Coasts and hold a firm Peace with the English was 10000 l. in the year 991. See Lambard fol. 90. Foedus Ethelredi cum exercitu Anlavi c. The next Tribute paid them for the same Purposes in the year 994. was 16000 l. The third paid in the year 1002. was 24000 l. Ib. A. D. 1002· The fourth paid in the year 1007. was 36000 l. Ib. A.D. 1007. The fifth paid in the year 1012. was 48000 l. Ib. A.D. 1012. The sixth and last paid for the same ends and intention to the Danish Army Ib. A.D. 1018. At this day very near if not full two Millions Sterling when Cnute was King of England and Danemarke in the year 1018. was for all England 72000 l. and for London 10000 and 500 l. Cnute carrying and sending away the greatest part of his Army and Fleet into Danemarke Danegeld and a present Sum of Money Flor. Wigorn. A.D. 991 994 c. so as they would desist from their Rapine and horrid Devastations with which they seemed satisfied but still destroyed the Country Peace and Leagues were often made with them and they as often broke them after they had found the English would bleed Money They often for a while left England gave over wasting it and retired home with their Fleets but it was that they might return with greater Force and receive a greater reward for their Barbarous Hostilities and unheard of Cruelties until the Nation was exhausted of its Wealth and Glory Ethelred A. D. 1012. It is Storied that the Danes thus (m) The Danes say some of our Authors lived lazily and idly here taking their Pleasures while they made the English their Slaves and Drudges abusing their Wives and Daughters hence they were called Lord-Danes and at this day in some Countries they yet call a lazy idle Fellow Lurdan which seems to be a corruption of Lord Dane lording it and domineering over the English Ethelred thought to effect that by Policy which by force he could not Mat. Westm A. D. 1012. and by the advice of some great men
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
(y) He was younger Son to Leofric Earl of Mercia Hereward who he was A Norman Fortress against the Isle of Ely yet remaining and Brother to Algar Earl of Leicester or Mercia after Leofric a great Soldier and one that was famous and had merited much byond Seas to be their chief Commander particularly importuning him on the behalf of Thurstane then Abbat of that place and his Monks whose the whole Island was and on their behalf the same was fortified against the King [9.] Hist Eliens in Bibl. Cotton sub Effig Titl A. 1. fol. 87. a. who often attempting it by Land and Water and having lost many Men and finding his endeavours fruitless at length being advised to seize all the Lands and Goods belonging to the Monastery without the Isle which he did and divided them amongst his Soldiers to the end that they might keep (*) One Fort where the Normans had a Garison or Guard remains at this day at the South-west end of Audry Cause-way in the Parish of Wivelingham or Willingham 't is large of a circular or round form encompassed anciently with a steep Bank and deep Ditch by the Country People called Belsars Hills but corruptly for in a Parchment Roll belonging to the Bishop of Ely of the Soldiers names that were quartered in that Monastery after the Island was delivered to the Conqueror I find one Belasius or Belassis that was General against the Island and had his Station in this Fort from whom says that Roll it was called Belasius or Belassis Berge Belsars Hills why so called Burrough Hill or Fort or perhaps the Fort might be called Belassis Fort for its opportune and convenient situation for the placing a Garison against the Island being at the end of the great passage into it from the two French words Bel and Assis signifying well seated or placed being so named by the Normans Guards on the outsides thereof Of which the Monks having notice they forthwith consult with their Abbat and resolved not only to yield peaceably to the King The Abbat of Ely and the Monks yield the Isle to the King on Condition he would restore unto them freely and honourably all their Lands belonging to the Church but to give him one thousand Marks and accordingly sent their Proposals to the King who willingly accepting them they admitted his Forces into the Isle privately and gave him possession thereof without resistance and all the great Men submitted only Heward made his escape [1.] S. Dunel Col. 203. n. 32. A. D. 1071. The Bishops and Noblemen made Prisoners and used barbarously Agelwin Bishop of Duresm was presently sent to Abington to remain in Custody there where he died not long after Morcar was likewise made Prisoner and the rest some having their Hands cut off others their Eyes put out were permitted to go whether they would [2.] Hist Croyl fol. 512. b. n. 43. Ingulph gives a different Account of â—he Defence of the Isle of Ely Ingulph gives somewhat a different account of this particular and says That Edwin and Morcar Roger Earl of Hereford Ralph Earl of Suffolk and Waltheof Earl of Northumberland not submitting to the King together with other great Men in like manner disherited possessed themselves of the Isle of Ely and forthwith sent for Hereward and made him General of their Forces where he did so many Warlike Exploits so often beat his Enemies so often deluded them that he obtained perpetual praise for the same and for that he did so long as he could sustain the tottering Ruins of his Country And when the rest of the Noblemen rendred themselves in hopes of the Kings favour he only refusing would not submit [5.] Ibidem fol. 512. a. n. 50. b. n. 2. And disposeth all the Temporal and Ecclesiastick Prefâ—rments to his Normans but got away to some other place [3.] Ibidem fol. 511. b. n. 20. yet afterwards he made his Peace obtained his Estate died in quiet after very many Conflicts with William his Earls and Governors and was buried in Croyland Abby [4.] The Conqueror divides the Nation amongst his Followers The Conqueror having thus baffled Edwin and Morcar one being dead and the other in Prison he divided the Nation among his Assistants and Followers by hard usage Imprisonment and Banishment he made the English submit The Earldoms and Baronies Bishopricks and Prelacies of the whole Nation he gave to his Normans and scarce permitted any Englishman to enjoy any place of Honour Dominion or Power [6.] Ord. Vit. 521. D. 522. A. William Fitz-Osbern Earl of Hereford c. Gherbod Earl of Chester After him Hugh Auranches To William Fitz-Osbern Sewer of Normandy he gave the Isle of Wight and Earldom of Hereford and placed him (a) He * Rot. penes Episcopum Elicus Walter Lucey who Hugh Lupus who was the Conquerors Standard-bearer Walter Lacey and others to oppose the Welsh To Gherbod a Flemming he first of all gave the Town and County of Chester who by most urgent Affairs being called into his own Country and by his Enemies kept Prisoner till death he gave them to Hugh (b) Richard de Abrincis Surnamed Goz Father of this Hugh was Son of [3.] Gemet lib. 7. cap. 6. Thurstane Goz Son of Ansfrid a Dane [4.] Knighton Col. 2376. n. 60. and this Hugh Surnamed Lupus was Sisters Son to William the Conqueror of Amonches in his Youth a Profuse Libertine Son of Richard Surnamed Goz who with Robert de Rodelent and others shed much of the Welsh Blood [7.] Ibidem B. C. D. Roger Montgomery had Arundel Chichester and Shropshire To Roger Montgomery he first gave Arundel and then Chichester and afterwards the County of Salop To Waltheof he gave * Ibid. 702. C. Waltheof Northampton and Huntington Northampton and Huntington with his Niece (c) Judith [5.] Gemet lib. 8. cap. 37. was Daughter of the Countess of Albemarle the Conquerors Sister by his Mother Judith To Walter Giffard the County of Buckingham Walter Giffard Earl of Buckingham To William (d) He was at some distance allied to the Conqueror [6.] Ibid. lib. 8. cap. 37. William Warren who his Father having Married one of the Nieces of Gonnora first [7.] Ibidem cap. 36. Concubine and then Wife to Richard the First Duke of Normandy and Great Grandmother to William his Name he had from [8.] Vales notit Gal. 237. Guarenna or Varenna a Place or River in the County of Calais or Caux Warren the County of Surrey To Odo Son of Tedbald William Warren had Surrey Earl of Blois that Married King Williams Sister he gave Holderness To Ralph (e) He was a Brittaine and called de Guader from [9.] Orderic Vital 535. C. Ralph de Guader or Guaer who he was He had 176 Lordships of the Gift of the Conqueror Guader now Guaer Castle in Brittany not far from Montfort le Canne of which Castle he
Strigul to assist him and earnestly beseech him to send for them that he might put his design in Execution He wrote to Richard Earl of Strigul to let him know that the Spring and Autumn were come and gone without seeing of him or receiving the least assistance from him and therefore desired him to make good his Agreement The Earl upon receit of his Letters went to King Henry and earnestly supplicated him either to restore his Hereditary Lands according to Justice or give him leave to make his Fortune in some other Nation And having received a [5] Ibid. c. 13. dissembled rather than true License after Winter he sent before a Young Man of his Family called * He was Nephew to Maurice and Fitz-Stephan by their Elder Brother Reymund sent by Earl Richard into Ireland with Forces Reymund a stout and valiant Person and well skilled in the use of Arms with ten Knights or Men at Arms and seventy Archers who landed at the beginning of May in Ireland under a Rock called (g) Dundolf is a Rock in the [6] Holinsh ut supra f. 12. n. 40. County of Waterford by the Sea-side lying East from the City about eight English Miles and is from the Town of Wexford about twelve Miles It is now a Castle called by the name of Dundorogh Dundolf four Miles from Waterford on the South side of Wexford where they built a weak Castle of Boughs of Trees Wood and Turf The News no sooner came to the Citizens of Waterford and Machlachlin Ophelan but they gather together a Body of 3000 men and passing the River Siver they marched towards the Ditches of the Castle in three Divisions with intention to assault it Such was the Courage of Reymund that he and his men went forth to meet them who oppressed with number and not able to resist returned to their Castle and Trenches their Enemies persuing and entring with them Reymund seeing in what streights they were He obtains a great Victory of the Irish faced about towards the Enemy and with his Sword cut them down one by one as they entred and with a great out-cry he called back his men to his defence which struck Terror into his Enemies that they gave back and fled in such confusion and disorder that Reymund and his men persuing them killed above five hundred with their Swords and Weapons and threw many of them who had climed steep Rocks for their own safety into the Sea In this Conflict one William Ferrand was very Famous for his wonderful Courage and Exploits By this Victory [7] Girald Ibid. c. 14 5. Many of the Citizens of Waterford taken Prisoners they had seventy of the chief Citizens of Waterford Prisoners and in Bonds within their Castle for whom they might either have had the Town or a great Sum of Money concerning these men Hervey of Mount-Maurice who had joyned him at his first landing with three Knights or men at Arms and Reymund were of a contrary opinion Reymund was for their Redemption by Money and urged That it was against the Principles of Humanity Piety and Honor to destroy them Hervey urged that to spare them was to nourish Serpents in their Bosoms and but to give them an opportunity of revenging themselves and put the Question That if the Victory had been on their side whether they would have sold them their Lives and out of Piety given them leave of Redemption He was for doing what they came for subduing the Nation by Arms and Power and by this Example so to affrighten the People as they should not dare to oppose or resist them This opinion pleased the Soldiers best The Prisoners cruelly destroyed and so fisrt breaking their Limbs they threw them headlong into the Sea On the 23 d of August following Earl [8] Ibid c 16 A. D. 1170. Strongbowe overthrows Mac-Laghlin and takes him Prisoner Richard Strongbowe landed near Waterford with 200 Horse-men or men at Arms and about 1000 others and on the 25 th in the Morning assaulted that Town and was twice repelled by the Citizens and the remains of those that escaped at Dundolf but upon the third attack they entred killed very many in the Streets and obtained a Bloody Victory They took Mac-Laghlin Prince of (h) Ophaly or Ossalie was that part of Leinster which is now called the Kings County Camd. Britan. f. 746. Ophaly and one Reginald who by the mediation of Dermot had their Lives saved and with him came Maurice Fitz-Girald Robert Fitz-Stephan and Reymund and joyned their Forces with Earl Richard to whom Dermot gave his Daughter Eva in Marriage after which Solemnity they marched to Dublin And so soon as they came before it [9] Ibid. c. 17. Dublin assaulted and taken Reymund and Miles Cogan with a select Company of brave young men assaulted and made themselves Masters of it and killed many Citizens but the Governor Hasculf and the better part of them with the best of their Goods and Jewels got out of the other side of the City and recovered the Ships in the Road and sailed to the Northern Isles Roderic King of Connaught was much concerned at these [1] Ibidem Roderic threatens to put Dermot's Son to death Proceedings of Dermot and sent to him to let him know that he had broken the Peace between them by calling so great a number of Strangers into the Island and that he neither was mindful of his Oath nor compassionate towards his Hostage which was his Son and therefore gave him notice that if for the future he did not restrain the Excursions of his Strangers he would cut off his Sons Head and send it him To which Dermot answered that he would not desist until he had subdued Connaught and made himself Monarch of all Ireland according to his right Roderic provoked with this Answer condemned his Son to death About this time [2] Ibid. c. 18. The Irish Clergy hold a Council at Ardmagh the Irish Clergy met in Council at Ardmagh consulted together and inquired into the cause of Strangers coming into their Land and concluded it was for the Sins of the People and especially for that they used to buy English Children of Merchants and Pirats and make them Slaves and for this reason they thought they lay under Divine Vengeance and by publick consent made a Decree That all the English that were in Servitude The Irish Clergy Decree that all English Slaves be â—et at Liberty should have their Liberty The Historian tells us the English by a common Vice of the Country had a Custom to [3] Ibidem fell their Children and Kinsfolks though they were neither in want or extream Poverty King Henry hearing what progress the [4] Ibid. c. 19. A D. 1170. King Henry recalls his English Subjects from Ireland Earl made and what Success he had in Ireland put forth an Edict by which he prohibited all his Subjects from carrying any thing by
him Robert Fitz-Stephan and Maurice Fitz-Girald with other twenty Knights or men at Arms. To Humfry Bohun he gave the command of Waterford and left with him Robert Fitz-Bernard and Hugh de Gundevill with forty Knights or men at Arms William Fitz-Aldelm had the Government of Wexford and with him were Philip de Hasting and Philip de Breus with twenty Knights or men at Arms. [1] Ibid. n. 30. A. D. 1173. Having made this Settlement such as it was on Easter Monday Morning i. e. by Sun-rising he went on Ship-board in the furthermost part of the Haven of Wexford toward the Sea and landed near St. Davids in Wales about Noon that day saith my Welsh Historian and from thence with all imaginable speed he passed to Portsmouth He leaves Ireland and hastens into Normandy where the Ships lay ready to transport him into Normandy he had intended to have staid in Ireland all the Summer and to have reduced the King of Connaught and the whole Nation had it not been for this sudden avocation into Normandy about the business of Thomas Beckett and the Differences between him and the King of France that were to be composed and determined by the two Cardinals Not long after the King's departure having left the Nation in some tolerable Tranquility [2] Ibid. c. 40. Ororic's Treachery to destroy Lacy and Maurice Ororic the one-ey'd King of Meth and Hugh de Lacy gave Counter-Security and made Oath each to other for their safe coming and going to and from the place appointed on a certain day met at Ororic Hill to confer and discourse for the better and more peaceable ordering of their Affairs they were to meet but a small number equal on both sides and unarmed Grifin the Nephew of Maurice Fitz-Girald had a jealousie of the Treachery of Ororic and brought with him seven choice Knights or men at Arms of his Relations after some time spent in Discourse upon several Proposals to no purpose Ororic gave the sign to his men he had laid in Ambush for the destruction of Hugh Lacy and Maurice and advanced to smite Hugh with his Irish Axe with which stroke the Interpreter interposing himself had his Arm chopt off of which wound he died Maurice and his Nephew Grifin came in to the Rescue of Hugh Lacy which when Ororic saw he intended to fly but in the very act of mounting his Horse Grifin charged him so home with his Lance Ororic killed by Grifin Nephew to Maurice that he pierced both man and Horse killing them both and afterward his Servants that brought the Horse the rest fled to the Woods of which several were killed in the persuit Ororic's Head was sent into England to the King In this conflict Ralph the Son of Robert Fitz-Stephan deserved praise before others for his Valour and Courage The Rebellion of the Sons of the King against him at this time and the Dissention both in England and Normandy and other parts of France under his Dominion which the Irish very well understood [3] Ibid. l. 2. c. â— The Irish incouraged to throw off the Eâ—glish Yoke gave them an opportunity of taking Arms and endeavouring to throw off the English Government all the Princes of the Nation were in this Confederacy For the Suppressing of this Insurrection and reducing the Country into order again Earl Richard Strongbow was sent over with the Kings Commission who in a short time spent all the Treasure he brought over with him his Soldiers also that were under the conduct of Hervey de Monte-Morisco or Mont-Morice then * Herveio se Constabularium jam gerenâ—e The Sâ—ldiers desire Reymund for their General Constable or General wanted their Pay who came unanimously to the Earl affirming that unless he would make Reymund their General again they would all presently leave him and either return into England or go over to his Enemies In [4] Ibid. c. 2. Reymund invades and Plunders Ophaly this time of necessity Reymund was made Commander in Chief of these Forces with which he invaded Ophaly and got good Plunder recruiting his Soldiers with Horse and Arms from hence he went to Lismore and plundered that City and the Country about and laded with their great Booty some small Vessels which came from Waterford and other places which they found there and carried it to Waterford by Sea in the way they were set upon by the Inhabitants of Cork distant from Lismore sixteen Miles who had manned out 32 Vessels of War to intercept them There was a smart Engagement at length the men of Cork were beaten and their Admiral Gilbert Fitz-Cutger killed by Philip Welsh a very stout young man and Adam of Hereford came safe into Waterford with his whole Charge He vanquishes Fitz-Cutger and puts Dermot to flight Reymund was not in this Rencounter but by the way coming by the Coast to Waterford met with Dermot Mac-Carty Prince of Desmond coming to the assistance of Cork men they skirmished Dermot left the Field and Raymund went to Waterford with 4000 Head of Cattle Soon [5] Ibid. c. 3. after Reymund had notice that his Father William Fitz-Girald was dead and passed over into Wales in whose absence Hervey Mont-Morice was made Constable or Commander again in Chief of these Forces and that he might seem to do something extraordinary drew the Earl and the Soldiers with him to Cassil where the Forces of Dublin were commanded to meet them In their march thither they quartered one night at Ossory of which Donald O Breen Prince of Limerick had certain advice by his Scouts very early in the Morning he beat up their Quarters and killed 300 Ostmans The Irish unanimously rise up against the English with four Knights that commanded them the Earl hearing this returned in disorder to Waterford Upon occasion of this accident the whole People of Ireland unanimously rise against the English so as the Earl was as it were besieged in Waterford Roderic Prince of Connaught passed the River Shanon and invaded Meth demolished the Castles being without Garisons and with Fire and Sword wasted the Country almost to the very Walls of Dublin The Earl [6] Ibid. c. 4. was in a great streight and wrote into Wales to Reymund that he would return with all speed and bring what Aid he could and then upon his first landing he should enjoy and receive in Marriage his Sister whom he had long loved with all imaginable speed he and his Cousin Meyler with thirty Gentlemen of their kindred an hundred Horse and three hundred Archers chosen men of Wales shipped themselves in fifteen Vessels and landed at Waterford The Waterfordians design to kill all the English within their Walls at this time the Waterford men had designed to kill every English man within the Walls but when they saw these Vessels come from Wales with Flags and Banners displayed they altered their purpose So soon as Reymund entred Waterford with his
Motive of their Returning to their Duty might be That they saw the King Disposing of the Estates of those which held of him in Capite at least to his Loyal Subjects As to give an Instance or two of many That are upon the Rolls He gave the Estate of [8] Append. N. 138. See Cl. 17 Johan M 2 3 4 5 6. per â—otum Rotulum William de Landa in Coleby in Lincolnshire who was with his Enemies to Oliver de Albiney and all the Estate of Roger de Crimplesham in Norfolk to John de Pavilly his Clerc Ireland and Irish Affairs The Government of Ireland according to the Government of England OF these much cannot be said in this Kings Troublesome Reign only we may see his Intention was the same with his Fathers to have the Government of that Nation according to the Government of England and the same Dependencys there by the same Tenures as in this Nation as appears by the Grant of the Honor of [7] Append. N. 139. The Honor of Limeric Granted for the Service of sixty Knights Fees Limeric to William de Braosa in the Second of his Reign and to his Heirs as his Father King Henry had given it to Philip de Braosa Vncle to the said William To hold of him and his Heirs by the Service of sixty Knights Fees except the City of Limeric the Donation of Bishopricks and Abbys The Cantred of the Ostmans and Holy Island which King Henry Reteined in his hands and except the Services of William de Burgh c. In the sixth year of his Reign [8] Append. N. 140. Vlster granted to Hugh Lascy he signifyed to Meiler Fitz-Henry his Justiciary and the Barons of Ireland That he had Granted to Hugh Lascy for his Homage and Service The land of Vlster with its appertenencys to hold as John de Curcy held it the day that the said Hugh * See that Story related in the begining of this Reign seised him in the Field Saving to him the Donations of Bishopricks and Abbys in that Country In the 7th year of his Reign he wrote to [9] Append. N. 141. A third part of Conaught granted to the King thereof to hold of King John as a Barony Meiler Fitz Henry his Iustice of Ireland That Dermut on the behalf of the King of Connoc had declared to him That that King desired to hold of him a third part of the Land of Connoc to him and his heirs as a Barony and by the Rent of an hundred Marks by the year and the other two parts by the yearly Tribute of three Hundred Marks * It should seem by this that at this time Conaught was not fully reduced to the Obedience of the English That he would grant to King John Two Cantreds in the two parts with the Inhabitants and Liberty to Build Castles and to do what he pleased in them The King thought this offer a good expedient to secure the King of Connaught and left it to his Justiciary to do what was best for him with Direction to get if he could 400 Marks as a Fine or Income and a Tribute of Cows and other things every year toward the maintenance of the Castles he might build in those Cantreds In the ninth of his Reign he Confirmed to [1] Append. N. 142. Three Cantreds in the Land of Cork granted for the Service of â—on Knights William Barry The reasonable Grant made to his Father Philip de Barry by Robert Fitz-Stephan he was Justiciary to Hen. 2d of three Cantreds in the Land of Cork That is to say Olethan with all its appurtenancies and the other two Musckerie Dunegan and the Cantreds of Killede with all their Liberties and free Customes by the service of ten Knights excepting the Rights of the Crown For several years Things by the Care and Circumspection of the Iusticiaries or Lieutenants remained without any very Notable Commotions In the thirteenth year of his Reign [2] Mat. Paris f. 23â— lin 6. A. D. 1211. King John goes into Ireland and received the Homage of twenty petty Kings King John Sayled with an Army from Milford Haven and arrived in Ireland on the sixth of June When he came to Dublin more than twenty petty Kings of that Nation met him and did Homage and Fealty to him some disdained to come That were got into inexpugnable Fastnesses He caused the English [3] Ibid. n. 10. The English Laws Established in Ireland John Gray Bishop of Norwich made Justiciary Laws and Customes to be Established there and placed Sherifs and other Officers in divers parts of that Nation that should Govern and judge the people according to those Laws and made John Gray Bishop of Norwich Justiciary who made the money of Ireland of the same weight with that in England for the Conveniency of Traffique between the two Nations This done the King [4] Ibid. n. 20. King Johns severity to his Enemies Marched toward his Enemies and took many of their Fortresses Walter Lascy and many others fled before him fearing they might fall into his Hands At length he came into the Province of Meath and Besieged a Castle in which were Maud the wife of William de Braosa and William his Son with his Wife and took it but these persons had escaped before yet were taken again in the Isle of May and presented to the King * For the Reason of this Kings severity against these people see the History in the latter end of the year 1208. who caused them to be cast into Irons and sent Prisoners into England to Windsor Castle where they were starved to Death And having Disposed and setled the [5] Ibidem King John returns to England Affairs of Ireland according to his pleasure he Returned into England on the 30th of August In the [6] Pat. 14. Johan M. 9. Dors The Duke of Limeric reconciled to him fourteenth year of his Reign the Duke of Lemburic or Limeric and several other great persons by the mediation of the Earl of Bologn were reconciled to the King and doing Homage and performing their Services had their Fees restored unto them Church Affairs THese were so mixt and interwoven with the Secular Affairs of this Kings Reign That they could not be Distinguished in Writing the History There were but two Councils of any note during the whole time The one National 〈…〉 in 〈…〉 in the Year 1200 held by Hubert Archbishop of Canturbury against the Prohibition of Geofry Fitz-Peter the Kings Iusticiary and the other for the particular Diocese of Salisbury held by that Bishop Richard Pore [8] Spelm. Council Vol. 2. in that year ult Johannis about the year 1217. in which were very many Canons or Decrees made for the Regulating of Ecclesiastic matters within that Jurisdiction upon several heads drawn from the then Explication and Doctrine of Seven Sacraments But in neither is there any thing of considerable notice Taxes in this
King promised in good Faith and without Cavil to observe the great Charter and every Article conteined in it And the same which his Father King John had Sworn to keep many years before and which he in like manner had Sworn to at his Coronation [2] Append. n. 179. And then all that opposed violated diminished or changed the Liberties and Customs conteined in the Charter of Liberties were Excommunicated and Anathematized on the third of May the [3] Append. n. 18â— Magna Charta solemnly confirmed Record says on the thirteenth of May in the great Hall at Westminster in the presence and by the Assent of the King Richard Earl of Cornwall his Brother the Earl of Norfolk Mareschal of England the Earl of Hereford the Earl of Oxford the Earl of Warwick and other chief men of the Kingdom by the Arch-Bishops and Bishops with Candles lighted in their Hands and the [4] Paris f. 867. n. 10. Charter which King John Granted was produced and read before them which the King regranted and then they put out their Candles and threw them down smoaking upon the Ground and every one wished That such as Deserved that Sentence might so stink and smoak in Hell The Council was no sooner [5] Ibid. n. 30 40. The Gascoigns desire assistance from the King Dissolved but the Gascoigns renewed their Suit to the King for assistance who promised to come to them in person with considerable Force about the [6] Ibid. f. 868. n. 20. The King prepares for an Expedition into Gascony first of June he summoned all his Military Tenents to be ready with their Horses and Arms at Portsmouth eight days after Trinity Sunday with al â—ecessaries to pass the Seas with him he took up a 1000 Ships of English and Forreign Merchants and lay Wind-bound above a Month to his great Expence and prejudice of his Affairs beyond Sea [7] Ibid. n. 50 About the sixth of August having appointed his Queen and Brother Richard to Govern the Nation in his Absence and left his Son Edward under their care he set Sail with a fair Wind and on the 15th of [8] f. 870. n. 30. the same Month arrived at Burdeaux and presently commanded Reole Castle to be Besieged and by the End of Summer the King had [9] f. 873. l. 1. His Success there recovered all his Castles in Gascony by Composition the Defendants often sending to the King of Spain for Relief but never receiving any Yet the King not daring to rely upon the [1] Ibid. n. 10 20 30 40. He desires a League and Friendship with Spain The King of Spain quitteth all claim to Gascony Fidelity of the Gascoigns and suspecting they might revolt to the King of Spain sent the Bishop of Bathe and John Mansel his especial Clerc to him to desire a League and Friendship with him and that he would yeild to Marry his Sister to his Son and Heir Prince Edward to whom he had given Gascony His Envoys dispatcht this Affair and with his Favor and Friendship brought back a Chart Sealed with a Golden Seal by which he quiet claimed whatever Right he had or could have in Gascony by the Grant of Henry the Second Richard the First or King John and upon Iâ—hn Mansels persuading him into a good Opinion of the King of Spain he sent for his Queen and Prince Edward to come to him In the mean time the Earl of Leicester [2] f. 879. n. 30. The Earl of Leicester offers his Service to King Henry came with some Troops of his own and offered his service to the King which when the Gascoigns understood and that the King of Spain was reconciled to him by degrees they returned to due obedience and the King had some thoughts of Returning On St. Julians day or the Twenty Seventh of January [3] f. 881. n. 30. A. D. 1254. A Parlement Convened almost all the Great Men of England were Convened and there came to that Parlement ad Parliamentum venientes on behalf of the King his three Messengers from Gascony the Earl Mareschal Roger Bigod and Gilvert de Segrave to declare his desires to the Vniversity of England There were present Richard Earl of Cornwall and the Queen The Kings Message to them with all the Bishops of England except those with the King The Message delivered in this Meeting from him was That he was deceived in the King of Spain whom instead of a Friend he had found an Enemie and therefore required a powerful assistance from them What was done upon this Message best appears by the Queens and Earl Richards Letter to the King to be found in the [4] fol. 189. n. 50. Additaments of Mat. Paris The Summ of the Queens and Earl Richards Letters to the King They wrote they had received his Letters at Christmass before and that they Summoned the Arch-Bishops Bishops Earls and Barons of the Kingdom on the Morrow after St. Hilary to acquaint them with his Condition and that the King of Castile was coming against him into Gascony and because of the shortness of the time the said great men could not meet at that Day they called the same together at Westminster fifteen days after that Feast i.e. the 27th of January That the Earls and Barons after they had heard the cause of their coming together offered to be ready at London three weeks after Easter to march from thence to Portsmouth and Ship themselves to relieve him in Gascony if the King of Castile invaded that Country That the Arch-Bishop of Canturbury the Elect of Winchester Bishops of London and Worcester promised they would personally come to him with a good strength That the other Bishops and Abbats promised a large supply in Money At last Earl Richard signified to him in the same Letter that he would not fail him of a supply answerable to his Necessity and his own Honor if the King of Castile did Arm against him and that he would leave the Kingdom in good Hands by advice of the Queen and bring her and the Prince with him But they would not [5] Paris Hist f. 882. n. 10. believe the King of Castile had any such Design and so the Council was Dissolved without effect Fifteen [6] Ibid. f. 887. lin 1. n. 10. The King reneweth his demands to his Great men days after Easter the Great Men were called again to London when the King upon the same Reasons made the same Demands and received the same Answer for then their suspitions that the King of Castile had no Design against King Henry was confirmed by Simon Monfort Earl of Leicester who was just come to them from beyond Sea Notwithstanding the [7] Ibid. f. 889. n. 30. The Queen and her two Sons pass over Sea Queen had received order from the King to the contrary yet she with her two Sons Edward and Edmund and her Uncle the Arch-Bishop of Canturbury Shipped themselves
Common Pleas by whom appointed Ibid. Justices Itinerant by whom sent f. 446. A. William Kele a Mediator between Henry the Third and his Barons f. 566. A. Kenelworth Castle stood out against Henry the Third f. 655. C. Their barbarous usage of the Kings Messenger f. 656. D. The Kings Clemency to the Defendants after it was taken f. 657. D. Dictum de Kenelworth where and upon what account made f. 658. A. c. Kent given to Hengist the Saxon by Vortigern f. 94. D. Kentish-men of their own accord submit to the Conqueror f. 189. E. They attempted Dover Castle but were beaten f. 192. A. Knight-hood when first instituted f. 56. A. All that had 10 l. per Annum forced to receive the Order f. 620. lin 4. Knights-Fees why called Scuta f 211. F. Twelve chosen in every County to inquire evil Customs and Practices f. 499. C. All that refused to obey them to be imprisoned Ibid. D. E. Four sent by the Barons to the Pope f. 632. B. Four chosen in every County to inquire into grievances fol. 633. A. They had their expences allowed Ibid. B. Three in every County summoned by the Barons to meet at St. Albans f. 637. F. Four summoned in every County to meet the King at London f. 642. F. L. HUgh de Lacy made Governor of Dublin by Henry the Second fol. 360. F. 370. C. He was revoked and soon after restored f. 371. D.F. He was discharged f. 372. A. His Prudent Management and Government of the Irish fol. 371. C. His Death f. 374. A. Lands how transferred before the Norman Conquest f. 204. lin 1. When first by Writings and Sealing Ibid. A. Lanfranc Arch-bishop of Canturbury his Controversie with Odo Earl of Kent for Land belonging to Canturbury f. 140. A. B. He pleaded his own Case and recovered his Lands Ibid. D. He presided in many Councils f. 215. A. The Controversie between him and York about Primacy determined on his side f. 214. A. Stephen Langton chosen Arch-bishop of Canturbury f. 476. B. He and other Bishops supplicate the Pope against King John f. 483. B. He pronounced the Sentence of Deposition against him and encouraged Philip King of France to execute it f. 484. A. B. He hindred King John from reducing his Barons f. 488. A. He confederated with them against the King Ibid. C. D. E. He is offended at the Popes Legate f. 490. F. He was the Head of the Barons Conspiracy f. 495. D. He was suspended for Disobedience to the Pope f. 503. F. He is absolved f. 507. C. He and the Great Men demanded a Confirmation of their Liberties of Henry the Third f. 531. D. He Excommunicated Falcasius and his followers f. 534. D. His Decree against Priests Concubines f. 536. F. His Death f. 541. B. Simon Langton his insolent reply to King John f. 478. E. He was chosen Arch-bishop of York but refused by the Pope f. 504. C. He was made Chancellor to Prince Lewis f. 510. D. He was excommunicated by Walo the Popes Legat Ibid. E. Roger de Lasci his Courage and Fidelity f. 472. F. 473. F. 2d Lateran Council held under Pope Innocent the Second f. 294. A. Canons and Constitutions made there brought hither Ibid. B. C. D. Amoric de Sancto Laurentio His Adventures and Courage in Irish Engagements f. 367. A. B. C. 368. B. Laws Salic Lombard Burgundian Wisigoths and Saxons when first written f. 60. D. Gâ—rman how made f. 84. C. D. English Saxon how made f. 85. A. Danish and Mercian why so called Ibid. C. Different among Germans and Saxons Ibid. B. D. No Nation governed by the same f. 155 C. The chief of ours were Norman Ibid. E. and f. 161. A. B c. The Practice alike in both places f. 179. D. c. Of England not carried into Normandy by the Confessor fol. 180. B. C c. Canon Law when first brought into and used in England f. 296 E. Laws against Robbers of Warrens and Parks f. 594. C. Lawrentius succeeds Augustin in the Arch-bishopric of Canturbury fol. 104. A. Popes Legats none here before the Conquest f. 88. A. Not received in England before Henry the First f. 256. E. None to be sent hither but upon the Kings request f. 268. A. An Oath put upon one by Henry the Second f. 333. D. Legion how many men it consisted of f. 2. F. Pope Leo the Ninth his Letter to Edward the Confessor suspected fol. 91. C. D. Leofric Earl of Mercia opposed Earl Goodwin f. 132. D. Lewellin Prince of North Wales besieged Buet Castle without success f. 530. A. He bound himself by his Charter to satisfie for damages done to King Henry the Third f. 532. D. He made Incursions into England f. 546. D. He and his followers Excommunicated Ibid. A Truce between him and Henry the Third f. 560. F. It was violated but again renewed f. 563. F. The conditions of it f. 564. A. B. He put himself under the protection of Henry the Third fol. 567. A. Lewes a Battle fought there between Henry the Third and the Barons f. 641. D. E. Lewis King of France invaded Normandy f. 248. D. He was overthrown by Henry the First Ibid. F. His complaint of King Hen. in the Council at Rhemes f. 250. D. He was divorced from his Queen f. 291. D. His hatred to Henry the Second f. 311. E. His kindness to the Rebellious Sons of Henry 2d f. 313. C. D. He was routed by King Henry and hindred a peace between him and his Sons f. 214. D. E. 215. F. Articles of Agreement between King Hen. and him f. 332. A c. He came into England to visit St. Thomas his Tomb f. 335. A. His kind reception by King Henry and beneficence to the Monks Ibid. His Son Philip Crowned and proves undutiful to him Ibid. D. E. His death f. 33â— D. Prince Lewis Son to Philip King of France chosen King of England by the English â—arons f. 5â—7 A. He encouraged the Barons to persist in their Rebellion f. 5â—â— A. His Reasons against King John and the Pope Ibid. E. F. His Claim to England f. 5â—9 l. â— He lanâ—ed in the Isle of Thanet Ibid. D. E. He was joyfully received by the Londoners and Barons f. 51â— A. He was excommunicated by Walo the Pâ—pes â—egat Ibid. E. His Envoys Objections and Replies to King John'â— Commissioners f. 512 513 He ravaged over Essex Norfolk and Suffolk Ibid. C. D. Alexander King of Scots did him Homage and aâ—iâ—ed him Ibid. â— 514. D. His designs against the English Barons discovered Ibid. E. F. His success against mâ—ny places in England f. 522. C.D.E.F. He passed over Sea and lost his interest with the Barons f 524. C. His Army routed at Lincoln f. 526. B. The Succors sent him by his Wife beaten and taken Ibid. E. F. The form of Peace between him and Henry 3d. f. 527. B C D. He borrowed Money of the Londoners and left England Ibid. E. His Answer
Ship into that Nation and by the same recalled all the English appointing them to return by Easter or to be disinherited and live in perpetual Exile The Earl sent Reymund to the King then in Aquitan with a Letter Reymund pleads for their continuance there in which he puts him in mind he had his License to go and assist his Vassal Dermot and tells him that as whatsoever he had acquired proceeded from his Munificence so it was all at his command and should return to him whenever he pleased In the beginning of May [5] Ibid. c. 20. f. 771. n. 50. A. D. 1170. Dermot Fitz-Murchard being a very old man died at Fernes About [6] Ibid. c. 21. A. D. 1171. Hasculph attempts to recover Dublin Whitsuntide the same year Hasculph sometime Governor of Dublin attempting to regain that City came into the River Liffe now the Road or Haven with sixty Ships filled with Norwegians and Inhabitants of the Northern Isles who landed and assaulted it But Miles Cogan the Governor defended it so well and his Brother Richard sallying out upon them beat them off with so great slaughter that they fled He is repulsed by Cogan and taken Prisoner their Leader John Thewoode being killed and Hasculph taken in the Silt or Ouse as he was making to his Ships who was reserved for Ransom but being brought before Miles he told him these were but a small Company and came only to try what might be done but if he lived in a short time there should come a far better and greater Force So soon as he had said this Miles caused his Head to be struck off And at last Beheaded The Irish Princes or Great Men [7] Ibid. c. 22. The Irish Princes agree to besiege Dublin perceiving that no recruits of either Men or Victuals came from England to the Earl and his Forces collected a vast Army from all parts of the Country and besieged Dublin By the Instigation of Laurence Bishop of that place this was done and he with the Prince of Connaught Roderic wrote to Gotred Prince of Man and other Chiefs or Princes of the Islands promising great rewards for their assistance who with thirty Ships full of Fighting men arrived in the Port of the City or Water of Liffe Two [8] Ibidem Dublin much pressed with want of Victuals months the Siege had continued without any relief by Land or Sea when Victuals began to be scarce amongst the besieged and to add to their Distress at this time they by Donald Son of Dermot were informed who came from the Borders of * Perhaps now Kinsale with the Country about it Fitz-Stephan besiegâ—d in Karrec Castle Kencele that Robert Fitz-Stephan was by those People and the men of Wexford to the number of 3000 besieged in his small Castle of Karrec not far from Waterford and unless he were relieved within three days he must fall into his Enemies hands Within Dublin [9] Ibidâ—m there were with the Earl Reymund and Maurice Fitz-Girald the last was mightily moved with the Calamity of his Brother Robert his Wife and Children seeing he was to defend a Defenceless Castle made only of Boughs of Trees Wood and Turf [1] Ibid. c. 23. Maurice and Reymund perswade the Earl to Sally out and attack the Enemy Reflecting upon their desperate condition Maurice and Reymund perswade and exhort the Earl and the small Troops within the City to go out and attack the Enemy who though they appeared in very great Numbers yet were all naked and unarmed men and to encourage and provoke them to such an Heroic and Glorious Attempt recounts to them the Greatness and Bravery of their former Actions that with inconsiderable Force and Numbers they had destroyed and dispersed great Bodies of men The Soldiers and Adventurers [2] Ibid. c. 24. strive who should Arm first and were divided into three small Troops in the first commanded by Reymund were twenty Knights in the second commanded by Miles were thirty and in the third commanded by Maurice were forty with some other Horsemen and a few Citizens joyned to every Division or Troop with these leaving enough for the Guard of the City they march out and suddenly about nine of the Clock in the Morning They set upon Roderic on a sudden and Defeat his whole Army they set upon an Army of Thirty thousand men who neither expected or thought of them killing very many of them and dispersing the rest Roderic trusting to the multitude of his men and no ways suspecting such a desperate Sally was Bathing himself and hardly escaped The English persued their Enemies until the Evening beating off and dispersing as well the Southern as other Bodies of men They spoil his Camp and return well provided with Victuals that lay on several parts of the City under several Chiefs and Commanders and then returned well provided with Victuals Carriages and Spoils On the morrow having secured and placed sufficient Guards in the City they march toward Wexford In the [3] Ibid. c. 25. The Wexfordians take Fitz-Stephan by a Trick mean time the Wexfordians and Kencelians take Robert Fitz-Stephan by a Trick and Falsity when they could not prevail by Force They brought before the Ditches of the Castle the Bishops of Wexford and Kildare with other men in Religious Habits and divers Reliques upon which they all affirmed upon Oath that Dublin was taken and the Earl Maurice and Reymund and all the English were destroyed that the Army of Connaught and Leinster were coming from thence and were very near Wexford that they did this out of kindness to him that he and the People with hm might quietly be conveighed over into Wales before the multitude who were his desperate Enemies came up Fitz-Stephan believing them gave himself into their Power and Protection they no sooner had Possession of him but killed some of his men beat and grievously wounded others and put them into Prison and Bonds But very suddenly there came contrary news that the Siege of Dublin was raised and the Earl was marching toward them Upon which they fired the Town of Wexford and removed themselves and Goods with their Captives into the Isle of Beg or St. Beger at the mouth of the Harbour The Earl [4] Ibid. c. 26. The Earl marches toward Wexford to relieve Stephan in his march toward Wexford was impeached at Odrone a narrow and difficult place by reason of Bogs and other impediments which was also fortified with Stakes here the Forces on both sides were engaged many of the Irish were slain the English gained the pass with the loss of one man only and marched into the Champain Country Meiler in this Fight was eminent above all others for his Valor When they [5] Ibid. c. 28. The Irish threaten to kill all the Prisoners if the Earl should disturb them came to the Bordes of Wexford they were informed of the case and condition of