JACOBUS TWO ds. D.G. Angliae: Scotiae: Fran: et Hiber: REX. Fidei Defensor. etc. DIEU ET MON DROIT portrait R. White sculp Saml Lowndes excu: HONI SOIT QVI MAL Y PENSE royal motto A Complete HISTORY OF ENGLAND, FROM The First Entrance of the ROMANS UNDER The Conduct of JULIUS CAESAR, Unto the End of The Reign of King Henry III. Comprehending The ROMAN, SAXON, DANISH and NORMAN Affairs and Transactions in this NATION during that Time. Wherein is showed The Original of Our ENGLISH LAWS, THE Differences and Disagreements between the SECULAR and ECCLESIASTIC POWERS, THE True Rise and Grounds of the CONTENTIONS and WARS between the BARONS and our Ancient KINGS. And Likewise An Account of our Foreign WARS with FRANCE, The Conquest of Ireland, and the Actions between the English, Scots and Welsh, during the same Time. ALL Delivered in plain Matter of Fact, without any Reflections or Remarks. By ROBERT BRADY, Doctor in Physic. In the SAVOY, Printed by Tho. Newcomb for Samuel Lowndes over against Exeter-Exchange in the Strand. MDCLXXXV. HONI SOIT QUI MAL Y PENSE DIEU ET MON DROIT G III R royal blazon or coat of arms To the Most Excellent MAJESTY OF JAMES the Second, KING of ENGLAND, SCOTLAND, FRANCE & IRELAND, Defender of the Faith, etc. GREAT SIR, I Presumed humbly to ask leave, and beg the Honour to Prefix Your Royal Name to this History, not Written according to the Ordinary Method, by which the Readers are Bound to Depend upon the Integrity and Faith of the Author, for the Truth of the Things Related, but proved by Authentic Testimony. 'Tis not my own Invention, but Matter of Fact laid down, and warranted, by such as lived in the very Times when the Things were done, or nearest to them, or by sufficient Record. And my Intention in Writing after this Manner, was to show and convince Men of Impartial and unbiased Minds, That they cannot, by Reading Ordinary Historians, know what the Ancient Government of this Famous Kingdom was; And that many have been deluded into several Popular Errors, by only observing the sound, and common mistaken signification of Words; By the True Understanding whereof, and of Things done in the Times I Writ of, they might have Obtained a Right Notion of the Government and State of the Kingdom then, which at this day are much changed from what they were, to the great Ease and Repose of the King, as well as Benefit and Advantage to the People. And the Present Constitution is an Even Rule to both, as his Due Power, and their Just Rights, are by Law maintained and secured; And is such as by Your own great Management, with the Assistance of Your Loyal Subjects, may make You to be Beloved, and Honoured at Home, and Feared Abroad. For what Man is there of the Meanest Loyalty and Ingenuity, that doth or will but observe Your Wisdom, Justice, Courage, and Faithfulness to Your Royal Word, that hath not a Prospect of our future Happiness and growing Greatness? That therefore Your Health and Vigour may be such, as to Complete our Hopes and Expectations in making the British Name and Nations Great, and that You may by Your most Excellent Conduct and Admirable Courage, carry the Glory of them, not only over the Channel, but through Christendom, and to both the Indies, That Your Life may be Long and Easie, Your Reign ever Prosperous and Successful, and that after the Period of Mortality, You may receive an Eternal Crown of Glory, Is, and always shall be the most hearty Wish, and sincere Prayer of Your MAJESTY'S Most Faithful and obedient Servant, and Dutiful Subject ROBERT BRADY. TO THE READER. THe General Preface to this History may seem Difficult and Tedious to some Men; but when it shall be Read with Advertency, and fully Understood, it will appear an Impregnable Rock against the pretended Sovereignty and Power of the People in this Nation, which the Republicans can never climb over. To show the Condition of the Bulk of the People, and what the Ordinary Inhabitants of this Nation were, before the Conquest and after, it was Necessary to take Notice, and Inquire into the Quality of them in every County, as they are to be found in the greatest Record of this Nation. If any one thinks this a needless Work, let him Consider I have Prejudice to deal with, and Men Seasoned with other Opinions, which they have Learned, and been Instructed in from their Childhoods, by Men and Authors, they pay a great Deference unto, who never made it their Business to search into the Originals of Things, but rested satisfied with some slight Popular Notions and Superficial Knowledge of them. And therefore to Discover their great (not to say) Dangerous Mistakes, and to put to silence such, as though they be Convinced, will not own it, but Scribble the same Things over again, and Publish them in a New Dress: I have been forced to be very much longer, both in that Preface, and the History itself than at first I Designed, seeing such Satisfaction as the Reader ought to receive, could not be expected from a short Account of Things, and without a Due Relation of all their Circumstances. From them both there is a clear Demonstration, That all the Liberties and Privileges the People can pretend to, were the Grants and Concessions of the Kings of this Nation, and were * Co. 2 Instit. f. 496. Derived from the Crown: And from the Preface alone, 'tis as manifest, that the Ordinary People, and Bulk of the Nation, were in most Things of the same Condition, as well before the Conquest as after, and their Quality was not different, though under the Normans, they were Obnoxious to greater Rigour, and and more Severities in the same Way of Living, or as now we would call it, Servitude. It was not this sort of People that contended for Liberty, but the Military Men, the Earls, Barons and Tenants in Capite, and such as held of them by Military Service, especially such as were Dissolute and Poor, having been drawn in, and managed by Cunning Ambitious Men of the same Order, with the Assistance of the Bishops and Clergy, who in all those Times of Contention, Laboured to cast off their Feudal Dependence upon the Crown, and to have their Temporals, and the Investitures of Churches, from others than Laymen, and to be wholly free from Subjection to Secular Power. The Laics also contended about their Feudal and Military Services and Performances, and the Relaxation of those Laws and Tenors, as most plainly appears by Henry the First his Charter, the Charter of King John founded upon it, and the Charter of King Henry the Third, which was only an Enlargement, and further Explication of that of King John, which in the Main were but Concessions of the more Moderate Use of the Feudal or Military Law; by which their Fees, Tenors, and incidents to them, were made more easy and certain; For until the Tenants in Capite, and other Military Tenants might have Licence to Alien part of their Estates, keeping enough to perform their Services; There were very few freehold Lands, according to the present Notion of them. Nor were the Proprietors of them of much Esteem, until the Military Men parted with so much of their Estates, as their Fees grew very narrow and scanty, so as they could not support their Military Service and Charge, and the Burdens (as they then accounted them) of attending at Hundred, and County Courts, and upon the Justices in their Iters or Circuits, and Sheriffs in their Turns; but either sent their Attorneys or Deputies, or by Laws of their own making, forced the inconsiderable Freeholders', or Soccagers, upon that Drudgery. Nor were these Military Men any other than Normans, or the Descendants from them, that made this Noise, and were the Cause of so much Blood being spilt for their Liberties (as they called them) which were, for the most part, nothing but the Relaxation of several Rigorous Exactions and Usages of the Feudal Law relating to their then Fees and Estates, as was said before, which at first their Ancestors had received from the Conqueror, without those Easy Terms, and that Abatement of the Strictness of the Law they required For however afterwards, and of Late Times, that Tenure was esteemed a Thraldom, yet it did at first begin upon a Voluntary and Desired Submission, and for many Centuries of years had the Reputation of the most Free and Noble Service, and all other Tenors, whether in Soccage or otherwise, were esteemed Base and Ignoble in respect of it: And that the Maintainers of the Contest for their Liberties against our Norman Kings, were themselves Normans, or their Descendants, is more than Evident from the Witnesses Names to King Henry the First his Charter, who were all Normans, and from the thirty six Bishops, and Great Men, Witnesses to King stephan's Charter of Liberties, who were likewise all Normans or Strangers; nor is there to be found amongst the Commanders on either side in the War between Queen Maud, King Stephan and Henry the Second, one English Saxon. The Witnesses to King Henry the Second Charter were also Normans; The Bishops and Great Men, mentioned in King John's Charter, as Granted to them, were all of the same Nation or Foreigners; And most, if not all, the Bishops, Earls and Barons that were Witnesses to Henry the Third his Charter, were of the same Condition; And which is more, all or most of the Witnesses and Grantees mentioned in any of the Charters of the Norman Kings, after the middle of the Reign of William the First, were Normans or Foreigners; and there is scarce any one Earl, Baron or Great Man to be found in all these King's Reigns, that was not of Norman, or other Foreign Extraction. And yet in spite of Truth and Matter of Fact, we find nothing in our Common Histories of these Times, but the Brave Feats performed by the English for their Fundamental Rights and Liberties: Nothing in Sir Edward Coke Mr. Selden, Mr. Pryn, and all late Writers when they chop upon these Times, and mention any thing relating to them, but the Magnanimity of the English in Appearing for their Birthrights▪ and the great Privileges they had formerly enjoyed, no body knows, nor can tell when or where, when in very Deed they were not English, but incorrigible Norman Rebels against their own Norman Princes, from whom they or their Ancestors had received so many, and so great Benefits and Favours. In King Henry the Thirds time, the Controversy was not about the Great Charter itself, the Granting and Confirmation whereof he never denied, but only about the meaning and interpretation of it, which then by Law belonged to the King. De * Bracton. p. 34. a. n▪ 3. Chartis vero Regis, & factis Regum non debent nec possunt Justitiarii, nec privatae personae Disputare; nec etiam si in illa Dubitatio oriatur possunt eam interpretari, & in Dubiis & obscuris, vel si Dictio aliqua Duos contineat intellectus, Domini Regis erit expectanda Interpretatio & voluntas, cum ejus sit interpretari cujus est Condere. Concerning the Charters of the King, or Deeds of Kings, neither the Justices or any private Persons ought or may Dispute; nor when there may arise a Doubt in any one of them, may they interpret it; for in Doubtful and obscure Passages, if any Word contains two meanings, the King's Mind and Interpretation is to be expected, when as he that made and Granted, aught to Interpret it. The Barons and Bishops, as often as they had a mind to Quarrel with the King, Clamored against him, for not observing the Charter of their Liberties, and he thought they Extended it too far: Thus they began, and as oft as they pleased, could improve these Clamours, almost into a perfect Rebellion, especially if they prefaced them with the Invasion of the Liberties of Holy Church; for that then by the Assistance of the Clergy, and Religious, equally influenced the People, and moved them to Sedition and Tumult, as pretended Oppression of Conscience, and Destroying their Religion, by the Management of the Dissenting Brethren, do at this day. From hence it was they stiffly insisted upon it, to have a Power to * See Answer ●o the Rights of the Commons asserted, ●. 131, 132, etc. choose the Justiciary or Chief Justice, and send into the several Counties Itinerant Justices such as might Interpret the Points of the Charters, and Execute the Laws, to their Advantage, and according to the Humour and Clamour of the People of the Faction. But notwithstanding their objecting to the King, his neglect and non-observation of the Charter, they either would not be, or thought not themselves obliged by it; for besides what hath been hinted in the General Preface, fol. 40. B. they used and practised Arbitrary Dominion and Power over their Tenants and Neighbours, refusing to be Justified (that is, to receive Justice) from the King and his Court, or to observe the Articles of the Great Charter which concerned them. For Remedy whereof the 1, 2, 3, 4, 5, 20 and 22 Chapter of the * Pul●on's Statutes, f. 16, 17, etc. Statute of Marleborough, made in the 52d year of Henry the Third, were provided. So that we see, those Factious Barons, when they had secured their own Liberties, rather made use of them to Oppress, than Relieve their Tenants and Neighbours. The Practices of these Men were not well understood by our Ordinary Writers, who have nothing but what they commonly find in the Monks, the only Historians of those times, and they Wrote the Actions of Kings and Great Men, and rendered them good or bad, as they were more or less Kind and Beneficent to the Church, Churchmen, and themselves; and Extolled or Defamed them, as they appeared for, and favoured their Ecclesiastic Liberty. Who would not think Simon Montfort, Earl of Leicester, a great Patron of the Liberties of the People, a Saint, an innocent Person, and good Subject, that barely reads the Monks of those and succeeding times, and such Modern Writers as have since followed them? He professed himself the Champion of Church-Liberty, and by that means made himself the Darling and Favourite of those Men, and the whole Clergy; and they gave him a Character, and Transmitted his Memory to Posterity accordingly, though really he was the greatest Hypocrite and Traitor that had been heard of in that Age. The old Bone of Contention (the Feudal or Military Law and Tenors) are now taken away by Act of Parliament, and the Judges, without contradiction, possessed of a Power to intrepret the Law, as it now stands, the free use whereof is denied to no Man; As to his Property it cannot be invaded, for in any Controversy with the King, he may have equal Justice, as if it were with an Ordinary Person; and as to Liberty, no man can suffer a long Confinement, unless it be by Law directed for some very heinous Crime. By Time, and the Concessions of our Kings, the Subjects of this Government, have and may enjoy, all Freedom and Happiness, that Sober, Rational Men can desire, and such as is no where to be found but in this Island, and the Dominions to it belonging; nor can any Man that Loves his Prince or Country, wish for any other than the present Constitution. It is a sad Return of ingrateful Men, pretending to Purity of Religion, and the most Refined Christianity, to Christian Princes, for their Indulgence to, and Protection of them for the greatest Immunities and Privileges granted to them, to take all Occasions and Opportunities to Requite them with Affronts and Rudeness, with Seditious and Disloyal Practices, to the Disturbance of the Peace and Quiet of the Nations, and also Shedding the Innocent Blood of the People, by God Almighty committed to their Charge. For here never was Pact between King and People, nor Fundamental Terms of Government agreed between them; nor indeed ever was there, or is it possible for any such thing to be in any Nation of the World: Matter of Fact so long as we have any Memorials of it in these Kingdoms, shows the contrary. And I shall be very Thankful to any Man, and give him leave to Reprove me, that can Produce any other than what is here delivered from Authors of the same Credit, and such as lived in, or very near the Times when the Things were done. Through the whole Course of the History, I have not Laboured after an Exact and Even Style, nor can it be Expected where there is such Variety of Matter, and where Men are confined to, and limited by the Translation of other men's Language: There is nothing my own, but the Method and Version, and whether the last be Faithful and Just, as it ought to be, I Submit myself to the Censure of the Impartial Reader. Nor have I made any Reflections or Politic Observations upon what I have written from the Relations of others, which some are so much in Love with, as they Esteem nothing to be History without them; Let these Men enjoy their Opinions, it may be others will think, that they serve only to Pervert and Disguise Matter of Fact, and make History Romantic; and that such as cannot understand it without them, can make no Right Use of it with them. At the Court at WHITEHALL JULY 13th. 1685. Let this BOOK be Printed. Sunderland. THE General Preface. TO the Romans originally all Europe is obliged for the Civility, Literature, Laws and Government it now enjoys, who Inhabited wheresoever they Conquered, and strengthened their Provinces two ways, by Colonies and Garrisons; L. Lips. de Magnitud. Rom. Imper. c. 6. Every Colony was an Image and Representation of Rome itself, with like holy Rites, like Courts, Laws, Temples, and Places of Public Commerce, and for the most part governed by [a] Duumviri from the Number Two, because there were two of them, pancirol. de Magistrate. Municipal. c. 8. Duumviri why so called. Their Office. Ibid. c. 1. Decurions what they were. Ibid. c. 19 Aediles what they were. Rosin. Antiq. lib. 7. c. 11. Praetors what they were. Ibid. c. 43. Provincial Praetors what they were. Ibid. c. 4●. Quaestors what they were. after the Example of the Roman Consuls; they were the Judges and Chief Officers in their Cities, Corporations, or Municipal Towns (unless the particular Custom of any Place was otherwise) their Camps and Villages not having such; yet sometimes a single person had this Title, and executed soley the Office of both; sometimes a greater number than Two, as in our Cities and Corporations, sometime a Major, sometimes Bailiffs are the Chief Magistrates. Duumviri in stead of Consuls; [b] So called, because in the first settling of Colonies, every Tenth Man was Assigned and Chosen out, for the Common Council; They were as the Aldermen, twenty four, forty eight, and Common Council men in our Corporations. Decurions in place of a Senate; [c] From Aedes, so named, because at first they had the care of Sacred Houses and Temples, and afterwards of Bargains, and things sold, that there might be no cheat▪ and that what was exposed to sale, might not be vitiated or corrupted: They also had the inspection of Ways, Streets, Rivers, Aqueducts, Sinks, ordinary and common Houses, etc. that all of them might be kept Neat and Clean, and in excellent Repair, that so the whole might appear decorous and beautiful. Aediles and other Municipal Officers. Besides this of Strength and Safety, there were other Reasons and Advantages, after Rome was much Augmented, for the Institution of Colonies, as sending forth the Superfluous Multitude, the Poor and Burdensome Comunalty, providing rewards for super-annuated, and overworn Soldiers, the teaching of Arts, Cultivating and Civilising the Barbarous People. When the Romans had Subdued all Italy, and brought under their Power many other Countries, Not. Imp. or c. 98. which they called Provinces, they sent into every one of these a Praetor or General to Govern it; and when afterwards by a further Progress of Arms, their Dominions were much more enlarged, they Ruled the Greater Provinces by [e] Such as had born the Office of Consul. Proconsul's, the Lesser by Praetors and [f] Consuls were at first called Praetors; but when the Consuls were called abroad by War, or other great Business from the City, than were Praetors first Erected, to do Justice in their absence; he was the Guardian or Keeper of the Civil Law. The Provincial Praetors, such as here mentioned, gave sentence according to Law; he was a Judge or Chief Justice, and in urgent occasions managed the whole Affair of War; Praetors were various, and their Office also various, according to the diversity of Times. [f] Quaestors were Treasurers or Receivers, and Expenditors of the Public Money at first; afterwards they had other Powers, as the Hearing and Determining Causes, etc. and in the Declining Empire were as Chancellors to the Emperors. Quaestors: But when Augustus was made Emperor, he Changed the Form of the Commonwealth, Ibid. Augustus changeth the form of the Commonwealth. and divided the Provinces between himself and the Roman People, those which were most quiet and remote from Enemies he gave to them; such as bordered upon the Enemy and were most hazardous, he kept to himself, lest the People having the Command of Soldiers and Arms, might turn them against him: Ibid. Their Magistrates he called Proconsul's, although they had never been Consuls, or Chosen out of Senators that had born that Office; they had no Power over the Soldiers, nor did they wear a Sword, or Soldiers Habit: Those which he sent into the Provinces, Legates or Lieutenants who so called. that he retained himself, he called Legates or Lieutenants, although they had been Consuls, and Vice-Praetors; that is, had born the Office of Praetors. Not. Imp. or c. 98. Cities how many a Province contained. Every Province contained ten or eleven [g] Not. Imp. or c. 98. Cities and chief Cities what. Ibid. c▪ 33. Praetorian praefect what he was. They were such Places as had Courts for Hearing Causes. Duumviri Judges or Magistrates Executing Justice; but the greater Cities or Metropoles, such as had a Pr●t●rium or Palace, a Gymnasium, a School or Place of Philosophy Exercise, a Theatre, Court and Baths▪ Cities at least, and they were Various, according to the Diversity of Times; in the beginning all were Praetors, because Governed by Praetors; but after the Conquest of Asia and Achaia, there were two kinds of Provinces; Praetorian and Consular, which were Governed by Proconsul's, the Magistrates or Officers in Italy were Praetorian and Consular, those abroad were Propretorian and Proconsular. Ibid. Constantin the Great changed this Constitution, and the Form of Government in the Empire, Al●iat. T. 2 de Magistrate. etc. 471. Constantin Institutes 4 Praetorian prefects. and Instituted four [h] The Praetorian praefect at first only Commanded the Emperor's immediate Guard, and from these those constituted by Constantin, had their Denomination, and had the greatest Trust in the Empire committed to them, by succeeding Emperors, from whose sentence there was no Appeal, etc. Praetorian Prefects, one of the East, another of Illiricum, a third of Italy, and a fourth of Gallia: These had their Vicars or Deputies under them, who likewise had the Command over several Precedents, Consulars, and other Magistrates according to the Extent of the Country, where they were Deputies or Vicars. Three degrees of Provinces. There were three Degrees of Provinces, the Greater, the Middle, Not. Imp. or c. 98. and the Less; The greater Province were Ruled by the greater Magistrates or Spectabiles, the Conspicuous or Notable, How ruled, and by whom. such were Proconsul's, Comites, Counts, etc. The middle were Consular Provinces, not that they were governed by Consuls or Proconsul's, but by Senators sent with Consulary Ornaments: These were sometime governed by Correctors which were inferior to them of Consular Dignity, because they used not their Ornaments: Yet they commanded over the Soldiers, and wore a Sword and Military Habit, Maxima Cesariensis, Valentia, Consular Provinces. See these Explained in the Notes upon the History in Valentinian. And also these three Presidial Provinces Britan. 112. which the Proconsul's did not; Maxima Caesariensis and Valentia were Consular Provinces in Britain, and Governed by [i] There were two sorts of Consuls before Constantin, the Ordinarii and Suffecti, The Romans dated their Records, although they continued not a whole year in that Office. Consulars who. the Ordinary were the usual annual Consuls, or were such as began their Consulship in the beginning of the year, or on the first of January, whence the other were Substituted Consuls; these last Constantin called Consulares or Honorary Consuls; from the Consulary Ornaments they had, which were Instituted by Julius Caesar, Sueton. in Julio. c. 76. Such also were called Consulares, that had born the Office of Ordinary Consuls: but these were not of that Number. Consulars; The less or smaller Provinces were subject to Precedents, by such were Ruled Britannia prima, secunda & Flavia Caesariensis; for what Reasons in those times the three last Provinces were accounted the least and worst, and the two former, the greater and better, I know not; Camden says the Empire declining, those Provinces had only Consular Magistrates which lay next the Enemy, such were Maxima Caesariensis, and Valentia in Britain. Whatsoever the first Institution was of these Dignities and Imperial Commands, yet what distinct Jurisdiction and Powers belonged to them, I find not sufficiently cleared by any Author I have seen, especially since the time of Constantin (in whose Reign the Aera of the Declining Empire is rightly fixed). I am apt to think, the same Government, Power and Jurisdiction, or very little different, might be Used and Exercised, by Persons of various and different Titles, they all having the same, See Alciat● Breviary in his second Tome 482, 483, 485. and Panciroll in utramque Notitiam, and upon the several Magistrates. Lib. 2.64.688. Digest Lib. 8 Tit. 6. or not much different Offices and Courts of State, with almost the same Officers attendant upon them, yet so as they were distinguished by their several Ensigns, Habits, Symbols, and other Discriminations of mere State and Honour, according to the first Institution: This Conjecture wants not some Authority to Confirm it: Zosimus Reports, that the Vice-Pretor was called Duke: And Virius Lupus Propretor or Lieutenant was called Precedent by Ulpian: Panciroll says those which Governed small Provinces, by Special Appellation, were called Precedents; Not. Imp or c. 99 yet all Proconsul's and Governors' of Provinces were contained under the General Name of Precedent, and they agreed in very many Things as well as Name. According to the General Opinion the Civil Government of Britain, after the time of Constantin, was committed to a Vicar or Deputy of the Praetorian Perfect of Gallia, under whose Direction or Disposition were the two Consulars, Alciat. Tome 2d. 482. and three Precedents before mentioned. In his Office or Court of State he had these Officers; The Officers of the Vicar● Court, ibid. Princeps, etc. Principem de Schola agentium in rebus ex [k] A Decree or Order of M●n in this Body, so called from the Ducenarii in a Cohort, which commanded two hundred Men, See pancirol. Not. Imp. or c. 64. And here it may be noted, that the Officers in the Courts of Magistrates had the resemblance of Officers in Military Cohorts, Ibid. c. 20. Ducenarii. and from thence their Names; and were rai●ed by degrees to Honour, as in that; the Names of Military being transferred to Civil Officers, whence the Magistrates Office had the name of Cohort or Court, which we at this day retain. ducenariis. The Chief or Principal of this Court who gave Direction to the other Officers, was of the Society or Corporation of the Emperor's Emissaries, Panciroll. Not. o● c. 64. Spies and Pursuivants, and Superintendents of the [l] Alciat. Tom. 2. ●35. Post Horses kept at the Public Charge. Public Course what it was. The Emperors had Horses kept in the Provinces, at several Commodious and set Stages, at the Public charge, that upon any sudden or extraordinary Occasion, they might either send out or receive Messengers, very Speedily by often changing their Horses; and none might use these; but such as had the Emperor's Licence and Letters. Constantin when he came to his Father at York▪ hamstringed all the Horses, but what he used himself, that none might pursue him▪ This was called the Public Course or Postage. Public Course, or such as Road Post. Ibid. c. 11. Cornicularius▪ what. Cornicularium, One that Wrote and Published the Commands, Sentences and Decrees of Praetorian Prefects, Precedents, and other Magistrates, a Scribe not much unlike our Clercs of the Assizes; he had his Name from Cornu, a Horn, which was his Badge or Ensign, or by the Winding whereof he commanded silence in the Court. Ibid. c. 15. Numerarios duos, Two Accomptants, who Numbered and Wrote down the Sums of Public Money, and from thence called Numerarii: Numerarii. Not. Imp. or fol. 107. b. There were two of them in every Province, one that noted such Sums as came to the Count of the Emperor's Gifts and Liberality, Comentar. ante c. 156, the other such as came to the Count of the Privy Purse; one of these supplied both places ofttimes in the East. Ibid. c. 13. Comentariensis, what Comentariensem, A Gaoler or Keeper of the Prison▪ The Places where they kept Prisoners were anciently called Commentaria, whence this Name, they brought the Prisoners into Court, and delivered a Calendar of them to the Judges. Not. Imp. or c 14. Public Notaries, who. Ab acts, Public Notaries, who Wrote Testaments, Contracts, and other Instruments, which were signed before the Judge or Justice, and attested by him, that after the death of the Parties or Judge they might remain Authentic; the General's Counts or Dukes, because they had no Jurisdiction over the People, had not these Notaries amongst their Officers Ibid. c. 17. Cura or de Cur● Epistolarum, There being frequent Occasion in many Matters for the Governors of Provinces sending Letters and Epistles to the Emperor, Epistolares what. they who had the Care of these had this Title, and were also called Epistolares, perhaps they were not unlike our Secretaries. Adjutorem, An Assistant, yet not to these Epistolares, Ibid. c. 12. Adjutor, what. because in the Catalogue he immediately follows them, but to the whole Court, although many of these particular Officers had their Adjutors and Vice-gerents in case of Infirmity and Necessary Absence; after this Example, it was in some places by Law Ordained, That Bishops in case of Infirmity should have their Coadjutors. Subadjuvas, Under-assistants, Ibid. c. 16. Subadjuve, who. or Assistants to the Adjutor, or his Vice-gerents. Exceptores, so called, quòd acta Excipiebant, they wrote the Acts of Court from the Mouth of the Magistrate, Ibid. c. 19 Exceptors what they were. chief in cases of Appeal to the higher Officers, which they kept, and recited as there was Occasion, somewhat like these are our Registers, in Chancery. Singulares vet Singularios, Ibid. c. 20. Singulars what they were. They were so called from some Singular Employment which they had; so sometimes Scouts and the Forlorn Hope of their Armies were termed▪ they seem to have been Prosecutors, Informers, Bailiffs, Sergeants, Catchpoles, Exactors of Tribute, or some such Persons. Et reliquos officiales, or reliquam officium, Alciat. Tom. 2.482 such might be Apparitors, Messengers, Summoners, etc. This was the Court of the Vicar or Deputy of Britain, The Vicar of Britain. under the Viceroy or Praetorian perfect of Gaul; These his Officers in that Court. The Ensigns or Symbols of his Administration or Government, were those Five Parts of Britain before mentioned, The Ensigns of the Vicar of Britain. Britaina prima, Britaina secunda, Flavia Caesariensis, Maxima Caesariensis, and Valentia, expressed in the Forms of several Buildings, with their Names superscribed▪ placed on the Triangular Form of the Island, as i● those Five had Comprehended the whole Island▪ and the Book of Instructions as covered with Green, and the Letters Patent or Commission, as in a Gilt Cover, with several Letters Inscribed upon the Book, which pancirol thus interprets, Not. Imp. or Comentar. ante c. 93. fol. 61. and thinks them to be the initial Letters of these words following, Floeix liber, injunctus Notariis, Tribunis, à laterculo, continens Mandata ordine Principis vel Primicerii, who was the Master or Chief of the Clercs of the Crown. The Consulars Ensigns and Symbols were the same with the Consulars of Campania, Not. Imp. occid. c. 50. & c. 91. The Consulars Ensigns. except that in the Guidon or Square Banner, there ought to be the Name of the Provinces they Governed in stead of Campania, and may be thus▪ A large Tribunal in the middle, of which a Woman sat in a Throne, with a Mural Crown, holding in her right hand a Banner, and resting herself upon a Shield, with the Name of the Province, either Maxima Caesariensis, or Valentia inscribed upon it. Their Office was the same with the Vicars, save that the Chief or Master of it, was out of the Office of the Praetorian Perfect of Gallia, that he had not an Epistolaris, and that he had two Tabularii instead of the Numerarii, who dispatched the same Business, and noted the Sums carried to the Comes largitionum, Not●mper. or Comentar. ante C. 106 fol. 107 b. and the names of Debtors: the change in the names being made by Valentinian; and also that the Office closed thus, Et reliquos Cohortalinos, [m] Cohorta●ines why so called. Cohortalinos▪ because they resembled the Officers i● Cohorts, and might be the same which are expressed by reli●uos Officiales at the close of the Vicar's Court, which see. which ought not to desert the Service of this Office, without the notice, and favour of the Master or chief. Not. Imp. occid. c. 64. etc. 92.93. The Precedents Ensigns. The Precedents Ensigns were a fair Building superscribed with the name of the Province under the Book of Instructions, and the Pictures of two Princes on the top of a Gilt Pillar the same, as likewise their Court and Office, with those of the Precedent of Dalmatia, and he had almost the same Officers and Court with other and greater Magistrates. The Vicar and Counts were honoured with the Title of Spectabiles; the Consulars, with the addition of Clarissimi, and the Precedents with that of Perfectissimi. There were also a Rationalis Summarum Britanniarum, under the Disposition of the Count of the Sacred largesses, and a Prepositus Thesaurorum Augustensium in Britannia, & Procuratores Gynesienses under the same, and a Rationalis rei privatae per Britannias under the Dispose of the Count of the privy Purse. Concerning the Saxons there is not, that I can find, much more to be written of their Laws, Customs and Usages, than what hath been [1] f. 67.68. etc. Of the Saxons, and what the condition of the ordinary Saxons was before the Conquest. said in the First part of that History; yet seeing all men of the long Robe, that do industriously write of, or incidently meet with them, when they writ of other Things, and in their Comments upon Magna Charta, and some other Old Statutes, do magnify and cry up the Liberties and Freedom of the Ordinary People under the Saxon Kings, to such a Degree, as makes them all Petty Princes, or at least Sharers in the Government, and that the Common Historians do report the same things of them; I shall from Authentic and undeniable proof out of doomsday Book, show them, what Really their condition was, before and after the Conquest Essex [2] Little doomsday Book which contains only Essex, Norfolk, and Suffolk f. 1. b. T●e same Sorts of men, and of the same denomination before the Conquest, as afterward. Terra Regis. Hundret de Berdestapla. BEnflet Tenuit Haroldus Tempore Regis Edwardi, pro uno Manerio & pro octo Hidis modo Custodit hoc Manerium Ranulphus frater Ilgeri in Manu Regis. Tunc xii Villani, modo xxi semper vi Bordarii, Tunc tres servi, modo tres iij Carucatae in Dominio modo ij, Tunc xi Carucae hominum modo v triginta acrae silvae Pastura 130 ovibus Dimidium Molendini, etc. Harold held Benflet in the time of King Edward for one Manner and Eight Hides, now Ranulph Fitz-Ilger keeps it in the King's hand, Then (that is in the time of King Edward) there was twelve Villains, now (when the Survey or doomsday Book was made) one and twenty, There was always (that is then and now) 6 Bordars, than three Servants, and now three. Three Carucates in Demeasn, now two, Then the men or Tenants had Eleven Ploughs, or Eleven Plough-lands, now Five: Thirty Acres of Wood, Pasture for 130 Sheep, half a Mill, etc. Witham [3] Ibidem. Tenuit Haroldus Tempore Regis Edwardi pro uno Manerio, & pro v. hidis modo custodit hoc Manerium in Manu Regis, Petrus Vicecomes, Tunc duae Carucatae in Dominio modo tres, Tunc xxi Villani, modo xv. Tunc ix Bordarii, modo x. Tunc sex servi modo ix. Tunc xxxiii Sochemani & modo similiter, Tunc xviii Carucae Hominum modo seven, & haec perditio fuit Tempore Sueni & Baignardi Vicecomitum, & per Mortem Bestiarum. Harold held Witham in the time of King Edward for one Manner, and for five Hides, now Peter the Sheriff Keeps it in the King's Hand, Then there were two Carucates in Demeasn, now three; Then there were twenty one Villains, now fifteen; Then 9 Bordars now 10. Then six Servants now 9 Then there were three and twenty Socmen, now the same number. Then the men or Tenants had 18 Ploughs, now 7. and this loss was in the time of Swain and Baynard the Sheriffs, and by the Death of Cattle. Writelam tenuit [4] Ibid f. 5. a. ●h●lmesfort H●nd. Haroldus pro Manerio & xuj Hidis Tempore Regis Edwardi, Modo Rex Willielmus pro xiiii hidis, Tunc C Villani tres minus, post & modo Lxxiii. Tunc xxvi Bordarii post & modo Lx. Tunc xxxiiii servi modo xviii. etc. Harold held Writel for a Manner, and 16 Hides in the Time of King Edward. Now King William possesseth it for 14 Hides, Then there was an Hundred Villains wanting three, afterward and now seventy three; Then 26 Bordars, afterward and now sixty; Then 24 Servants, now 18. Then 12 Carucates in Demeasn, now 9 Then the Men or Tenants had sixty four Ploughs or Plough-lands. Then this Manner yielded 10 Knights farm and 10 Pounds, now it yields an hundred pounds by weight. And thus are the Entries of the ordinary Inhabitants of all the Country Towns and Manners in this County, they were Villains, Bordars and Servants, as well in Edward the Confessors, and the Saxons Time, as after the coming of the Normans▪ They were people of the same Condition. There are seldom to be found any Socmen, and very rarely any Freemen in the Entries of this County. In Norfolk there are many Freemen to be found, and but few Socmen. Norfulc [5] Ibid. f. 135. b. Terra Regis. Hund. de Walesham. IN Mothetuna tres liberi homines xxxvii acras Terrae, & quatuor acras & dimid. Prati, & dimid. Carucat. & valet Duos Solidos, & viij d. In Motheton three Freemen hold thirty seven Acres of Land, and four Acres and half of Meadow, and 'tis half a Carucate, and the value of it is two Shillings eight pence, or it pays so much. In Bastwic 1 liber homo xxx acras Terrae, & duas Acras Prati, & dimid. Carucat. & valet xuj d. In [6] Ibidem. Bastwic one Freeman hath 30 Acres of Land, and two Acres of Meadow, and 'tis half a Carucate, and is worth or pays 16 d. In Martham [7] Ibidem. Flec West Hund. The ordinary free men were under protection of great men. Duo liberi homines, unus Gert, altar Haraldi Comendatus de Quadraginta Acris Terrae, & 6. Acris Prati; Tunc 1 Caruc. post & modo dimid. Tunc & post quatuor sol. modo 6 sol. In Martham two Freemen, one the Client, or under the Protection of Gert (he was Harold's Brother) and the other of Harold, held Forty Acres of Land, and six Acres of Meadow; Then one Carucate, since and now but half a Carucate, then and afterwards it was worth four shillings, now six shillings. In Clepesbes' unus [8] Ibidem. liber homo Gerti Comendatus, Tempore Regis Edwardi de xx acr. Terrae et quatuor acris prati, et tres liberi homines sub Eo. xvii acr. Terrae, tres Acr. prati, semper 1 Carucat. semper valuit two Sol. & vi. d. in Censu Ormesbei. In Clepesby one Freeman under the Protection of Gert. in the time of King Edward, had twenty Acres of Land, and four Acres of Meadow, and three men under him had 17 Acres of Land, and three Acres of Meadow; it was always one Carucate, and always paid 2 s. 6 d. Rent to the Manner of Ormesby. In Clepesbes 1. liber [9] Ibidem. homo Regis de xx Acr. Terrae semper dimid. Car. & tres Acr. Prati, semper valet 2 s. in Wintertuna, 1 liber homo de seven acr. terrae. In Clepesby one Freeman of the King hath twenty Acres of Land, always half a Carucate, it always paid 2 s. to the Manner of Winterton, one Freeman there had 7 Acres. In Borstuna [1] Ibid. f. 130. a. quatuor liberi homines Algari Tempore Regis Edwardi, Commendati tantum, de xl Acr. Terr. & 1 Bordár semper 1 Car. & iii Acr. Prati. In Borston four Freemen who were only under the Protection of Algar in the time of King Edward, had 40 Acres of Land, and one Bordar, and three Acres of Meadow, which were always accounted one Carucate, or there was always one Plough employed. In Gersinga [2] Ibidem. octo liberi homines Algari Commendati tantum de 60 Acr. Terr. semper quatuor Bordar. etc. In Gersinge eight Freemen who were only under the Protection of Algar had sixty Acres of Land, there were always fo●r Bordars, etc. And such as these were the Ordinary Freemen of this County wherever they are found in this Survey, and their Quality the same, though 'tis not to be doubted but their Condition was harder after the Conquest than before, when they changed their Patrons. In Suffolk there were also many Freeman like these, few or no Socmen. Sudfulc [3] Ibid. f. 339. b. Terra Roger. Comitis, Hundrede de Colenese. WAletunam Tenuit Normannus Tempore Regis Edwardi, & modo Tenet sub Rogero Bigot, etc. In eadem villa xviii liberi homines Commendati, Godricus faber, Edricus, Ulnotus etc. de Lxxx Acr. Terrae & subtus eos vi Bordar. semper inter eos iii Car. & 1 Acr. Prati, & valent xxx Sol. etc. Norman held Walton in the Time of King Edward, and now holds it of Roger Bigot, etc. In the same Town there are 18 Freemen under Protection, Godric, (probably a Smith or Carpenter) Edric and Ulnot, (and so all the 18 named in the Survey) who held Eighty Acres of Land, and had under them 6 Bordars, amongst them they had three Carucates, and one Acre of Meadow, they pay thirty shillings. In Maistuna [4] Ibidem. Tenuit Idem Normannus, T. R. E. vi liberos homines Commendati de C. Acr. Edricus & Burthricus, & Wulbaldus, & Aluricus, & Almarus, & Wulricus, & 1 villain. de quatuor Acr. & quatuor Bordar. semper inter eos quatuor Acr. & two. Acr. Prat. & val. xx Sol. In Maston the same Norman held in the time of King Edward six Freemen under his Protection who had an hundred Acres, Edric and Burthric, Wulbald, Aluric, Almar and Wulric, and one Villain who had four Acres and four Bordars, who always held amongst them, four Acres and two Acres of Meadow, and 20 s. In Burch [5] Ibid. f. 340. a. tenuit Idem Normannus T. R. E. xuj. liberos homines Commendatos de 1. Car. Terr. & vi Bordar. pertinentes ad Waletunam, & quatuor Caruc. inter eos & two Acr. Prat. & val. xl Sol. In Burch the same Norman held in the Time of King Edward sixteen Freemen under his Protection (all particularly named in the Survey) who had one Carucate of Land and six Bordars, belonging, appending, or regardant to the Manner of Waletun, they had four Carucates or Ploughs between them, and two Acres of Meadow, and paid xl Shillings. In Alteinestuna [6] Ibid. f. 341. a. duo liberi homines xi Acr. Turbinus & Ulvinus & valent xxii d. 1 Ecclesia & v Acr. * Terr. Liber. & val. xuj d. In Altenston two Freemen held eleven Acres, Turlin and Ulvin, who paid 22 d. there was a Church and five Acres of Free Land which paid xuj d. And so in many other Towns, there are the like Entries of one, two, three, four, or five Freemen. And at last 'tis said, Omnes isti sunt [7] Ibid. liberi homines R. Big●t, & Normannus tenet eos de eo. All these are the Freemen of Roger Bigot, and Norman holds them of him. Terra [8] Ibid. f. 406. b. Hugonis de Montesorti, Hundret de Carleford. IN Bischelea tres liberi homines in Dominio Gudmundi T.R.E. In Bischeley there were three Freemen in the time of King Edward, under the Dominion or power of Gudmund, or in his Demeasn which is all one. In [9] Ibid. Burgo 1 liber homo comendat dimid. Sanct. E. (i. e. Etheldredae) T. R. E. & dimid. Antecessor. Roberti Malet. In Burg there was one Freeman, half under the Protection of St. Audrey, (that is the Church of Ely) in the time of King Edward, and half under the Patronage of the Antecessor of Robert Malet. In eadem 1 liber homo commendat dimid. Sancti. E. & dimid. Edrici. In the same Town there was one Freeman, who paid half the money for his Protection, to Saint Aurdrey or the Church of Ely, and the other half to Edric. Sudfulc [1] Ibid. f. 287. a. Sanfort Hund. & dimid. TEtra Regis, quam Aluricus Want Custodit: he was the Kings Prepositus or Reeve, and managed it for him. Bercolt tenuit Heroldus T.R.E. xiii Car. Terr pro Manerio Tunc xlii. Vill. modo xliii. Tunc v. Bordar. modo xxii. tunc vi. servi modo quatuor. Tunc & post tres Car. in Dominio modo two. Tunc xx Car. hominum, post & modo x. duodecim acr. Prati. Silu. M. porcor semper 1. Molin. semper 1. Runcin. & x. animal. & xxviii por. & Lxxxu. ov. & xxvi. Capr. Huic Manerio pertinet 1. Berwita, Sceveleia two. Car. terr. T. R. E. Tunc x vil. post & modo vi. semper seven Bordar. Tunc iiii serve. modo two. Tunc two Car in Dominio post & modo 1. Tunc viij. Car. homin. post & modo * Because they lay waste, or they had not Tenant, could set up so many Ploughs iiii. xuj. Acr. Prati, & 1 Molin. semper 1. runcin. & iiii. animal. & seven. Por. & xxiii. ov. Be●leiam tenuit comes Guert. T. R. E. post eam adjunit * Ralph de Guader whose Story is to be found in the Life of William the 1st. comes, Rud. stalra huic Manerio pro Berwita, T. R. Willielmi, pro two carucat. Terr. tunc xix Villi modo xiiii semper tres Bord. tunc iiii. serve. tunc two car. in Dominio post & modo 1. tunc viij. car. hom. post & modo 1. Et viij car. possunt in Dominium & * Nota. Quia Villani. Villanos restaurari viij Acr. Prati silv. xxii por. & viij animal. & viij por. & xlii ov. & val. vi d. Scoteleiam tenuit comes Guert * They were two Carucates and half in Edward the Confessors xii car. & dimid. & 1. acr. & val. * time, but at the time of the Survey lay Waste, and worth but two pence. two. d. pro 1 Manerio T. R. E. Tunc xii Villani modo sex, semper two. Bord. & Tunc iiii. serve. modo 1. Tunc 11 Car. in Dominio post & modo 1. Tunc iiii Car. hom. post & modo, 1. & iiii car. possunt restaurari. & iiii acr. Prati, et 1. Runcin. et xl. ov. Huic Manerio pertinebant, T.R.E. CCx. Sockman modo non sunt nisi Cxix et habent xxii car. Terrae et dimid. xxx acr. Minus. et xlii Bord. Tunc xxix car. modo xxvii et xxiiii acr. et dimid. Prati, duae Ecclesiae de lxii acr. de his hominibus qui huic Manerio remansi sunt, non habuit Heroldus, etiam Commendationem T.R.E. praeter de quatuor, Ulnod, Estmunt, Aluricus, Wistricus, & Guert frater Haroldi habuit Commendationem de Duobus Man. et Alviet. Omnes alii erant commendati aliis Baronibus, T.R.E. de uno habuit Antecessor Malet commendationem. et Robert fill Wimari iiii. et tamen semper Haroldus habebat Socam, etc. Harold held Bercolt in the time of King Edward, and thirteen Carucates of Land for a Manner. Then there were forty two Villains, now forty three. Then five Bordars, now twenty two, then six Servants, now four. Then and afterwards three Carucates in Demeasn, now two. Then the Men or Tenants had twenty Carucates, afterwards and now ten, and 12 Acres of Meadow. Wood for 1000 Hogs, always one Mill, always one Working Horse, and ten young Cattle, and twenty eight Hogs, and eighty five Sheep, and twenty six Goats. To this Manner belongs one * A Hamlet or member of a Manner. Berwite (now I think called the Barrow or Berry) Sceveley, it was two Carucates of land in the time of King Edward, Then there was ten Villains: afterward and now six, always seven Bordars. Then 4 Servants, now two: Then two Carucates in Demeasn, afterwards and now one. Then the Men or Tenants held eight Carucates, afterwards and now four, and sixteen Acres of Meadow, and one Mill, always one Working Horse, and four young Beasts or Oxen, and seven Hogs, and twenty three Sheep. Earl Guert held Bentley for two Carucates of Land in the time of King Edward, afterward Earl Ralph Master of the Horse, joined it to this Manner as a Berwite or Berry in the time of King William. Then there were nineteen Villains upon it, now thirteen, always three Bordars. Then four Servants. Then two Carucates in Demeasn, afterwards and now one. Then the Tenants or men held viij Carucates, or had eight ploughs; afterwards and now one, and eight ploughs between the Lord, and * Note who Villains. Villains may be set up again, or eight Carucates renewed, they had eight Acres of Meadow, Wood to keep twelve Hogs, and forty two sheep, and paid vi d. Earl Guert held Scotley or Shotley: There was two Carucates and half of Land and 1 Acre, and it paid two * Probably it lay Waste. pence for one Manner, in the Time of King Edward, Then there were xii Villains, now six. There was always two Bordars, and Then four Servants, now one. Then two Carucates in Demeasn; afterward and now one, and there may be four Carucates again, and four Acres of Meadow, and one Working Horse and forty Sheep. To this Manner there were appendent or regardant (that is fixed to it) in the time of King Edward two Hundred and ten Socmen, now there are but one hundred and nineteen, and they have two and twenty Carucates of Land and half, wanting thirty Acres, or, and thirty Acres more or less. And forty two Bordars. Then there was Twenty nine Carucates, now twenty seven, and twenty four Acres and half of Meadow, and two Churches with sixty two Acres. Of these Men or Suitors, or Tenants, which were regardant or belonged to this Manner (Qui huic Manerio * Remanentes & pertinentes are always taken in the same sense▪ remansi sunt.) Harold in the time of King Edward had the protection of only four, Ulnod, Estmunt, Aluric and Wistric, and Guert the Brother of Harold, had the Protection of two, Man and Alviet: All the others were protected by or under the Patronage of other Barons in the time of King Edward. The Predecessor of Malet had the protection of one, and Robert the Son of Wimar had the protection of four; and yet Harold always had the Soak, or money paid for their protection, etc. Sudfulc [2] Ibid. f. 322. a. Gislingham etc. IN Gislingheham tres liberi Homines, de duobus habuit Ulvena Comendationem seven. Acr. et dimid. Car. et Val. xuj d. In eadem Duo liberi homines, xxvi acr; unus Comendatus Ulvenae nomine Colemanus cum vi. acr. Tunc dimid. Car. modo * It was waste. nichil, et valuit iiii Sol. In eadem tenet Alviet liber homo Comendatus Alsio Nepoti comitis * Ralph de Guarder, sometime Earl of Norfolk and Suffolk or the East Angles under the Conqueror, and a Rebel against him. Radulfi xxx acr. pro Manerio T. R. E. Tunc 1 Car. modo nichil, et 1 acr. prati. In eadem vi liberi homines Comendati Alviet, xiii acr. semper dimid. Car. Tunc xx sol. modo xii. In eadem Ringulfus liber homo xxx acr. pro 1 Manner. Comendat. Alsio Nepoti Comitis Radulfi. Tunc 1 Car. modo nihil. Ex hac Terra tenuit Lewinus filius Ringulfi iii Caruc. quartam partem Silvae. In eadem Quatuor liberi homines Comendati Ringulfo x acr. et dimid. Car. et iiii acr. prati, x porc. Tunc valuit xx sol. modo x. In eadem Beso liber homo xuj acr. Comendatus Alsio. Tunc et post 1 Car. modo nichil, et valuit vi sol. et viij d. Ex hac Terra tenuit Antecessor Aberici de Ver. v acr. Rex et Comes de toto Socam. In eadem 1 liber homo Soribes vi acr. Comendatus Ulvenae, et valuit xii d. In eadem Chipinc [3] Ibid. b. liber homo Comendatus Ulwino Antecessori Alberici de Ver. et in soca ejus, xii Car. et adhuc tenebat 1 acr. Terrae de Dominio Ulwini, et quartam partem alterius, et modo Tenet totum Mater * Robert Malet. Roberti, et val. two sol. Rex et Comes de toto alio Socam. In Cotetuna [4] Ibid. tenuit Ansgerus liber homo Comendatus Lewino de Bachetuna xxx acr. pro Manner. T. R. E. Tunc 1 Car. modo dimid. et 1 acr. prati, Silva vi Porc. et Tres liberi homines Comendat. lx acr. et dimid Car. et val. x sol. Rex et Comes Socam. In eadem tenuit Teit Comendatus dimidius, Edrico prepositi Regis, et dimidius Comendatus Antecessori Malet viij acr. semper dimid. Car. et val. iiii sol. Soca Regis et Comitis. In parvo Thornham viij liberi homines xxviii acr. Commend. Ulvenae. Tunc two Car. modo 1 et dimid. et val. v sol. In eadem Duo liberi homines unus eorum * fuit Comendatus Ulvenae, et alter dimidius Subcomendatus Antecessori Malet. In Gislingham three Freemen, of which Ulvene * In the time of King Edward. had the Protection of two, and they seven Acres and half a Carucate and paid xuj d. in the same Town, two Freemen had twenty six Acres, one was Protected by Ulvene, by name Coleman with six Acres, Then half a Carucate * Before the Conquest it was half a Carucate, after it lay waste now nothing, and it did pay 4 s. In the same Alviet a freeman under the Protection of Alsi the Nephew or Grandchild of Earl Ralph held thirty Acres for a Manner (that is a Seat or place of abode) in the time King Edward. Then it was one Carucate, now nothing, and 1 Acre of Meadow. In the same six Freemen under the Protection of * These were Subcomendats, being under the protection of one that was protected himself. Alviet, held xiii Acres, which were always half a Carucate. Then they paid twenty Shillings now twelve. In the same Town Ringulf a Freeman had Thirty Acres for a Manner, he was the Client, or under the Protection of Alsi, Nephew or Grandchild to Earl Ralph. Then it was one Carucate, now nothing. Of this Land (suppose of the Town) Lewin the Son of Ringulf had iii Carucates, and the 4th part of the Wood, In the same four Freemen under the Protection of * These were also Subcommendats, who were protected at the second hand. Ringulf, who had x Acres and half a Carucate, and iv Acres of Meadow and x Hogs, Than it paid 20 s. now ten. In the same Beso a Freeman Protected by Alsi had xuj Acres. Then and afterward one Carucate, now nothing, it did pay six shillings and eight pence. Of this Land the Predecessor of Alberic de * He was Ancestor of the Earls of Oxford. Ver had five Acres. The King and the Earl had the Soak of the whole. In the same Town one Freeman called Soribes, who had vi Acres, he was under the Protection of Ulvene and paid xii d. In the same Chipinc a Freeman under the Protection of Ulwin the Predecessor of Alberic de Ver, and in the Soak of his twelve Carucates, and he held more 1 Acre, and the fourth part of another of the Lordship of Ulwin, now the Mother of Robert Malet holds the whole, and it pays 2 s. The King and Earl of all the Soak of the other (that is of Soribes.) In Cotton Ansger a Freeman under the Protection of Lewin of Backton held thirty Acres for a Manner in the time of King Edward. Then 1 Carucate, now half a Carucate and 1 Acre of Meadow. Wood for vi Hogs. And there were three Freemen under Protection that held Sixty Acres and half a Carucate, and paid ten shillings. The King and Earl have the Soc. In the same Teit half under the protection of Edric the * Praep●situs Regis. King's Reeve, and half under the Protection of the Predecessor of Malet, held viij Acres always, half a Carucate and paid 4 s. The Soc was the Kings and Earls. In little Thornham eight Freemen had twenty eight Acres, and were under the protection of Ulvene, than they had two Carucates▪ now one and half, and paid 5 s. In the same, two Freemen, one of them was under the protection of Ulvene, and the other was protected, by one who was protected by the Predecessor of Malet, and was half under his protection, they had xv Acres always, 1 Carucate, or always they employed one Plough; Then it was worth 3 s. 4 d. now 5 s. Here we see the Condition of the ordinary Freemen within these three Counties, and there were more here than in all the Counties in England; And besides Owners of Towns and Lords of Manors, there were no other Land-holders' or Inhabitants but these and Socmen (if these were not the same) and Villains, Bordars or Cottars, and Servants in the Country. But for greater Demonstration of Matter of Fact, I shall briefly pass through them all. Chenth [5] Great doomsday Book, f. 2. b. col. 1. Terra Regis. In dimid. Lest de Sudtone in Achestane Hund. REx Willielmus tenet Tarentefort pro uno solino & dimid. se defendit * That is Arable, which is always called Terra in this Survey. Terra est xl Caruc. In Dominio sunt two Caruc. & cxlii Villani cum x Bordar. Habent Liii Caruc. ibi sunt iii Servi & 1 Molend. etc. King William holds Tarentfort, it is Taxed at one * Probably from the Saxon word Sulk a Plough, but what quantity of Land a Solin, Swolling or Sulling contained, I cannot find. Solin and a half, there is forty Carucates of Land, in Demeasn two Carucates and one hundred and forty two Villains with ten Bordars, they have fifty three Carucates, or perhaps rather fifty three Ploughs, with which they Ploughed their own and the Lords Lands: There are three Servants and one Mill. Terra [6] Ibid. f. 3 a. Col. ●. Archiepiscopi Cantuariensis. In Achestan Hund. ARchiepiscopus Cantuariensis tenet in Dominio Tarent pro two solinis se Defendit, In Dominio est una Car. & xxii Villani, cum seven Cotar. habent seven Car. Ibi vi Servi & two Molend. de L sol. The Archbishop of Canterbury holds Tarent in Demeasn; There is in Demeasn one Carucate, and xxii Villains with seven Cotars, they have seven Carucates or * I am apt to think that this abbreviation Car. or Caruc. when it follows Villeni or Bordarii oft signifi●s the number of Ploughs they kept, and not the Land, or quantity of it. Ploughs, there are vi Servants and two Mills of 50 s. Rent. In the whold County of Kent, in the Entries of Towns and Manners, it is very rare to find any other People than Villains, Bordars and Servants, who were all in Dominio besides the Lords and Great Possessors, Military Men and Religious. Sudsex [7] Ibid. f. 1●. a. Col. ●. Terra Archiepiscopi Cantuar. in Mellings Hund. ARchiepiscopus Lanfrancus Tenuit Mellinges & est in Rape de Pevensel T. R. E. defend. se pro quater xx hid. sed modo non habet Archiepiscopus nisi lxxv hidas. Quia Comes Moretonii habet v hidas extra Hund Terra totius Manner. L Car. in Dominio sunt v Car. & CC & nineteen Villain. cum xxv Bord. habent * Here ● should think Car. signifies Ploughs, and not the quantity of Land, the quantity of Carucates differed, some times a Carucate might be so large as one Plough could not Till, and sometimes so small as one Plough might Till two. lxxiii Car. & xliii Croftoes. Archbishop Lanfranc held Mellinges, etc. in the time of King Edward it was taxed for fourscore Hides, etc. the * That is the Arable Land which is always in this Survey called simply Terra. Land of the whole Manner is fifty Carucates. There is in Demeasn v Car. and two Hundred nineteen Villains, with thirty five Bordars, they have seventy three Carucates or Ploughs, and forty three Crofts. In this whole County few or no others but Villains, Bordars and Servants, and in Dominio as in Kent. So in Sudrie, Hantescire, and the Isle of With, as in Kent and Sussex, Villains, Bordars and Servants only in Dominio. So Berchescire as Sudrie, Sudsexe and Hantescire, few or no others, besides Villains, Bordars and Servants in Dominio, except owners of Towns, Lords of Manners, and others that held in Military Service, either in Capite, or by Mean Tenure, and Religious. Wiltescire [8] Ibi●. fol. 6●. a. Col. ●. Terra Regis. REx tenet Bromham Comes Haraldus Tenuit pro xx Hid. Geldavit, Terra est x Carucat. In Dominio sunt x Hid. & ibi two Car. iiii Servi, ibi xiiii Villani, vi Bordar. & xxx Cozets come viij Caruc. sometimes Cozets' is written Coscez in this County. The King holds Bromham Earl Harald held it, and it was taxed for xx Hides, The Land or Arable Land is ten Carucates. In Demeasn x Hides, and there are two Carucates, four Servants, There are fourteen Villains, vi Bordars, and thirty Cozets, with eight Carucates: The Persons of these Men were all in Demeasn Rex tenet [9] f. 64. b. Col. 2. Amblesberie Rex E. tenuit, nunquam * In Ca● in the same fol. and Col. thus, Cauna nunquam Geldavit, ergo nescitur quot hidae sunt ibi. Geldavit nec * In Ca● in the same fol. and Col. thus, Cauna nunquam Geldavit, ergo nescitur quot hidae sunt ibi. Hidata fuit. Terra est xl Caruc. In Dominio sunt xuj Car. & lv Servi & two Coliberti, ibi quater xx et v Villani et lvi Bordar. habentes xxiii Carucat. etc. The King possesseth Amblesberie (now Amesbury or Ambresbury) King Edward possessed it; it never was taxed nor cast into Hides, the Arable is forty Carucates, In Demeasn there are xuj Carucates, and fifty five Servants, and two Coliberts, there fourscore and five Villains, and lvi Bordars, having twenty three Carucates. Terra [1] ●. 71. ●. Col. 2. Milonis Crispin. Wilt●scire. RAinaldus tenet de * Here Milo was the Tenant in Cap●▪ and Rainald the Lord of the Manor, or Town who held of him. Milone Hasberie. Levenot tenuit T.R.E. Gold. pro v Hidis. Terra ●st v Carucat. de ea est in Dominio 1 Hid. et ibi two Car. two Servi et v Villani et xiii Coscez et two Cotar. cum iii Car. etc. Rainald holds of Miles Crispin Hasberie, Levenot held it in the time of King Edward, and it was taxed for five Hides, the Arable is five Carucates, of which there is in Demeasn 1 Hide, and there are two Carucates or Plough Lands, two Servants, and five Villains and xiii Coscez, and two Cotars with three Carucates; that is, all these People had amongst them three plough Lands In this Shire were Servants, Villains, Bordars, and often Coscez▪ in stead of Bordars, and sometimes Colliberts, few or no others, except as before excepted in Kent, etc. the Entries of all the Towns are after this manner. Dorsete [2] Ibid. f. 75. a. Col. 2. Terra Regis. REx tenet Dorcestre, et Fortitone, et Sutone, et Velingham et from, Rex E. tenuit Nescitur quod Hidae ibi, quia non Geldabat T. R. E. Terra est lvi Car. In Dominio sunt septem Car. et xx Servi, et xii Coliberti, cxiiii Villani, Quater xx et ix Bord. habentes lix Car. etc. The King possesseth Dorchester, Fortiton (or happily now Fordington) Sutton, Velingham and from, King Edward held them, etc. the Arable is fifty six Carucates, in Demeasn there are seven, and twenty Servants, and twelve Coliberts, one hundred and thirteen Villains, and fourscore and nine Bordars having fifty nine Ploughs, etc. here the Carucates were large, and there was more Ploughs than Plough Lands. In this Shire in Dominio Servants, Villains, Bordars, and sometimes Coliberts, and sometime Coscez, so all the Entries, no Socmen or Freemen unless very rarely, except as before excepted in other Counties. Sumersete [3] Ibid. f. 86. a. Col. 1. Terra Regis. REx tenet Sudperet nunquam Geldabat, etc. In Dominio two Car. & v Servi & xxii Coliberti & lxiii Villani, & xv Bordar. cum xxvi Car. etc. The King possesseth Sudperet, etc. There are in Demeasn two Carucates, and five Servants, and xxii Coliberts, and lxiii Villains, and fifteen Bordars, with twenty six Carucates or Ploughs, etc. In the Entries of this Shire are only to be found Villains, Bordars, Servants, Coscez, and Coliberts in Dominio, but most frequently Servants, Villains and Bordars. In Devonshire the Entries are the same, in Dominio, Servants, Villains, Bordars, and sometimes Coscez in stead of Bordars. In Cornwall the same Entries throughout, Bordars, Villains, Servants, scarce any others to be found. Midelsexe [4] Ibid. f. 129. a. Col. ●. Terra Comitis Rogeri. COmes Rogerus tenet in Hermodesworde 1 Hid. Terra est 1 Car. ibi est dimid. Car. & dimid. potest fieri, Duo Villani tenent hanc Terram x sol. valuit & valet, Hanc tenuit Alwun homo Wigot, & potuit de ea facere quod voluit, modo jacet in Coleham, ibi non jacuit T. R. E. Coleham [5] Ibid. pro viij Hid. se Defendit, Rogerus Comes tenet, Terra seven Car. in Dominio vi Hid. & ibi sunt iii Car. Villani habent iii Car. ibi vi Villani quisque de 1 virgat. alii quatuor de * Every one half a Virgate. two virgat. Presbyter. 1 Hid. x Bordar. Quisque de v acr. & iii Cotar. & viij Servi ibi two Molini de lx sol. & dimid. Mol. de v sol. Prat. iii Car. Pastur. ad Pecuniam villae. Silva CCCC Porc. & 1 * Arpennis, sometime is half an Acre, sometime an Acre, and the Measure differed according to the diversity of Countries. Arpenn. Vineae, in totis valentiis valet viij lib. Quando recepit vi lib. T. R. E. x lib. hoc Manerium Tenuit Wigot de Rege E. Earl Roger holds Hermodworth for one Hid the Arable is 1 Carucate, there is half a Carucate, and there may be made another half. Two Villains hold this Arable, and pay ten Shillings Rend. Alwun the Man or Tenant of Wigot held this Land, and might do with it what he would (that is, use it as he would) now it lies to Coleham, where it lay not in the time of King Edward. Coleham is taxed for eight Hides. Earl Roger holds it, the Arable is seven Carucates; in Demeasn there are six Hides, and there are three Carucates, (that is in Demeasn.) The Villains have three Carucates, there are six Villains, every one hath a Virgate, and there are four others that have two Virgates, a Priest or the Parson hath 1 Hide; There are ten Bordars, every one holds five Acres, and three Cotars, and eight Servants, and two Mills rent at sixty one Shillings, and half a Mill at five Shillings, three Carucates of Meadow, or Meadow sufficient to provide for Cattle of three Ploughs. Pasture for the Cattle of the Town, (that is Common Pasture) Wood for 400 Hogs, half an Acre, or an Acre of Vineyard. The value of all together is eight Pound, when the Earl received it 'twas six Pound, in the Time of King Edward ten Pound. Wigot held this Manner of King Edward. All the Entries of Towns and Manners are after this Method in this County, seldom, if at all, any others to be found than Villains, Bordars, Cotars and Servants, except as before excepted in other Counties and Shires. Hertfordshire was described after the same manner: In Dominio, etc. ibi sunt, etc. there are Villains, Bordars, Cotars, Servants, and now and then a Socman appears, so in all the Towns of the Shire, and not any other Persons of Quality or name to be found, except as hath been said before. Bochinghamscire [6] Ibid. f. 43. a Col. 1. Terra Regis. EIlesberia Domicum Manerium Regis pro vi Hidis se defendit, Terra est xuj Car. in Dominio sunt Duae, ibi x Villani cum xiii Bordar. habent x Car. et adhuc quatuor fieri possunt, ibi Duo Servi, et Duo Molini de xxiii sol. In totis valentiis reddit lvi lib. artas et pensatas, et de Thelonio x lib. ad numerum T. R. E. reddebat xxv lib. ad numerum. Aylesbury the King's Manner, solely under his power, was rated or taxed at sixteen Hides, the Arable is sixteen Carucates, in Demeasn there are two, there are ten Villains, with fourteen Bordars, they have ten Carucates, and yet there may four more be made, there are two Servants, and two Mills, of twenty three Shillings Rend; Meadow sufficient for eight Ploughs, and as much more as will Rent for twenty Shillings; In the whole value it pays fifty six Pounds * There was always in those times a fire ready in the Exchequer, and if they liked not the Alloy of the Money they burned it, and then weighed it. burnt and weighed; And for Tol, ten Pounds by Tale; In the time of King Edward it paid five and twenty Pounds by Tale. So through all this Country in the Entry of every Town, none, or very rarely others to be found than Villains, Bordars, Servants. Glowcestrescire [7] Ibid. f. 162. a. Col. 2. Terra Regis. In Dudestan Hund. HAbuit quidam Tainus Edmarus iii Manner. Hersefell, Athelai, et Sanher, iste homo potuit vendere et dare Terram suam Cui voluerit, pro duabus Hidis se defendebat haec Terra, in Dominio erant viij Carucat. & iiii Villani & iiii Bordar. & xxx Servi cum v Car. ibi pratum sufficiens Carucis. Edmar a certain Thane had three Manners, Hersefel, Atheley and Sanher, he might sell and give his Land to whom he pleased. This Land was rated at three Hides. There were in Demeasn eight Carucates, and four Villains, and four Bordars, and thirty Servants with five Carucates: There is Meadow for the Ploughs. Brictric fill. Algar. tenuit Turneberie ibi T.R. E. erant xi Hid. & iiii Car. in Dominio, & xlii Villani, & xviii Radchenistr. cum xxi Carucat. & xxiiii Borda. & xv Servi & iiii Coliberti, ibi Duo Molini, etc. Brictric the Son of Algar held Turnbury, there in the Time of King Edward were e●even Hides, and four Carucates in Demeasn, and forty two Villains, and xviii Radchenistres with twenty one Carucates, and twenty four Bordars, and xv Servants, and four Coliberts, there are two Mills, etc. In this Shire no other noted in the Entries of Towns, etc. but Villains, Bordars, Servants in Dominio, and sometime Radchenistres. The same manner of Entry in Glowcestre scire, none to be found but men of the Condition. In Herefordshire Ibid. f. 79. b. Col. 1. the same Method, and the same Names and Persons, and no others. In Dominio, Villains, Bordars, Servants, and sometimes Ancillae, or Maid Servants, Cotars and Radchenistres. In Grentebridge scire, thy same way of Entry in every Town, but that the Words in Dominio are wanting in most places, and they are found thus in every Town alalmost. There are Villains, Bordars, Servants, Cotars, and sometime Socmen, though but seldom. Huntedune Ibid. f. ●03. b. Col. 1. and Bedeford scire f. 209. a. Col. 2. generally in every Town are found in Dominio, only Villains, Bordars, Servants, and sometimes ibi Villains, Bordars, Servants, and now and then, some Socmen appear. Northante scire [2] Ibid. f. ●19. a. Col. 2. Terra Regis. REx tenet Chetene ibi sunt seven Hidae, Terra est xiii Car. In Dominio sunt Duae, & iii Servi, & xii Sochmani, & xxiiii Villani, & v Bordar. cum Presbytero tenentes xi Car. The King holds Chetene: There are seven Hides, the Arable is thirteen Carucates, there are two in Demeasn, and three Servants, and xii Sochmans', and twenty four Villains, and five Bordars with a Priest, or the Parson having eleven Carucates, etc. In this Shire the Entries are in Dominio sunt Villains, Bordars, Servants most frequently, sometime Socmans, and sometimes ibi sunt, etc. Ledecestre scire as this. Warwic scire [3] Ibid. f. 238. b. Col. 2. Terra Regis. REX tenet Brailes, Edwinus Comes tenuit, ibi sunt xlvi Hid. Terra est lx Car. in Dominio sunt vi & xii Servi & iii Ancillae, & C Villani & xxx Bordar. cum xlvi Car. ibi Molin. de x sol. & C acr. prati Silu. iii leug. long. & two leug. l●t. T. R. E. Reddebat xvii lib. x sol. modo val. lv lib. & xx summas Salis. The King holds Brailes, Earl Edwin held it; there are forty six Hides, the Arable is sixty Carucates, there are six in Demeasn, and twelve Servants, and three Maid Servants, and an hundred Villains, and xxx Bordars, with forty six Carucates: There is a Mill of ten Shillings Rend, and an hundred Acres of Meadow, a Wood three Miles long, and two Miles broad. In the time of Kings Edward it yielded seventeen Pound ten Shillings, now it pays fifty five Pounds and twenty Seam of Salt. Here in this Shire the Entries are in Dominio, Servants, Villains, Bordars; rarely, if at all, any others. Statfordscire, as this County: In Dominio Servants, Villains, Bordars. Sciropescire [4] Ibid. f. 252. a. Col. 2. Terra Episcopi Hereford. EPiscopus de Hereford tenet de Rege Lideberie, & tenuit T. R. E. ibi liii Hid. Geld. In Dominio sunt iiii Car. & xxxviii Villani, & iiii Bordar. & viij Radmans' cum xxviii Bordar. inter omnes habent xxiii Car. ibi duo servi et Molin. serve. Aulae. & Silu. clx Porc. incrassand. The Bishop of Hereford holds of the King of Lidbury, and held it in the time of King Edward. There are fifty five Hides taxed, in Demeasn there are four Carucates, and thirty eight Villains, and four Bordars, and eight Radmans', with twenty eight Bordars, amongst them all they had twenty three Carucates. There are two Servants, and one Mill which serves the Hall, and Wood sufficient to fat one hundred and sixty Hogs The manner of Entry through this Shire was in Dominio, Servants, Villains, Bordars, Radmans'. Derby-scire: The Entries, likewise, in Dominio Servants, Villains, Bordars, & ibi sunt, etc. & habet Rex, Servants Villains, Bordars. Snotingham scire [5] Ibid. f. 284. a. Col. 2. Terra Abbatis Sancti Petri de Burgh. IN Colingham habet Sanctus Petrus de Burgh. iv Car. Terra & dimid. Bovat. ad Geld. Ibi modo in Dominio two Car. & xxvii Sochmani de two Car. & iii Bovat. hujus Terrae, & viij Villani, & xx Bordar. habentes xiv Caruc. In Colingham the Abbot of Peterburgh hath four Carucates of Land, which he Rents out: There are now in Demeasn two Carucates, and twenty seven Socmen that have two Carucates, and three Bovates of this Arable, and eight Villains, and twenty Bordars that have fourteen Carucates. In this Shire, the Entries of the ordinary Inhabitants throughout are in Dominio Socmen, Villains, Bordars, as in Derby shire. The Socmen generally held small parcels of Land, as half a Carucate, a Bovate, etc. Roteland scire as Snotingham-scire. Eurvic scire. In this [6] See doomsday for this Title. Shire the Entries are generally as to Persons, in Dominio sunt Villains, Bordars, Sochmen, And habet, as Rex habet Servants, Socmen, Villains Bordars, seldom any others, except as before excepted, in Kent, Sussex, Surrey, etc. In all Counties of England, whose Land soever it was, whether it was the King's Land, Church Land, or possessed by Earls, Barons, Knights, or other Military and Secular Men, in every Town and place these sort of Men were the * Note, That whereas 'tis said in the Glossary, to my Introduction, etc. That in every Leaf, and almost every Entry upon that Leaf in doomsday, Socmen and Freemen were to be found, it proves a mistake, for upon a second and third perusal, of the great Book, especially the Persons and Inhabitants of Towns and Villages, were such as I have here noted in every County. Inhabitants, and those that occupied, used or managed the Land, under the Owners of the Towns, or Lords of Manners, who held of the King immediately, or mediately, as appears by this Survey, or great Record. By which it is most evident, that most of the Lands in England were holden by Military Service, or Serjeanty, and in Villanage of those Military Tenants, and Tenants in Serjeanty: For all these Persons of divers Denominations, which afterwards received other and fewer names, were but several sorts of Villains, (as will hereafter appear in the Glossary) and held their Lands by Base and Servile Tenors. There was at the time of making the Survey, no Free Socage, if there had, it would have been entered, as the Land holden in Alodio was, for Hidage-sake: Nor Frank Free, that is, Land holden without performance of any Service, such as we now call most of our Free-holds; unless some small parcels that belonged to some Parish Churches, especially in Suffolk, which is called Terra libera, or Burgage-tenure, or the Land holden in Alodio in King Edward's time, or afterwards was such, of which there is here and there a Town or Manner, a Hide or Carucate, etc. so holden in the Survey. I will give one Instance of it. Hantescire [7] Dom●sday, f. 50. a. Col. 1. Tainorum Regis. ALwi filius Saulf tenet de Rege Tederleg. Pater ejus tenuit in Alodio de Rege Edwardo, Tunc & modo Geld. pro iii Hid. Terra est iv Carucat. in Dominio sunt Duae, & two Villani et ix Bordar. cum two Caruc. ibi two Molin. de xxvii sol. et vi d. et xxvi acr. prati. Silu. the xxx Porc. valuit lx sol. modo xl. Alwi the Son of Saulf holds Tederley of the King, his Father held it as Alodium, Frank Fee, or Free-land. Then and now it was, and is taxed for three * Alodium always paid Hidage as other Land. See Alodium in in the Glossary to my Introduction, f. 1. Hides: The Arable Land is four Carucates, there are two in Demeasn, and two Villains, and nine Bordars with other two. There are two Mills Rent at 27 s. 6 d. and twenty six Acres of Meadow, Wood for thirty Hogs, it was worth sixty Shillings, now forty. This Alwi was one of the King's ordinary Thanes or Servants, and held this Town in Serjeanty which might be consistent enough with the Tenure in Alodio, and such Lands are now reputed freehold, but these were not in the hands of Socmen, Villains, Bordars, Cotars, Servants, and the like. Nor were many of them in their own hands (as we may phrase it) or in their own Power, for such as were in Dominio (and in most places it was so) were the Lords proper Men, wholly under his Power and Disposal, both in Body and Goods (except Life and Death) and were fixed to the Manner, so as they could not remove themselves out of the Precincts of it, without his leave. These sort of Men Ingulph, in the Latin Version of King Edreds' Charter to the Abbats and Monks of Croyland, calls Nativi, a word afterwards used with us, the worst sort of Villains and Bondmen. Et praecipio quod omnes homines Fugitivi, quos iidem Monachi & Testimonium Quatuor vel quinque hominum fide-dignorum, coram vicecomite in Patria, in qua tales manent, possunt Assidare suos nativos esse, reducantur per eundem vicecomitem, in Abbathiam eorum cum omnibus catallis & sequelis eorum, omnium Reclamatione & Reluctatione, abind remota & annullata. And I command that all Fugitives, which the Monks, and four or five Credible Witnesses can prove were their Natives (that is, born Bondmen) before the Sheriff of the County, where such Fugitives are, they shall be brought or sent back to the Abbey with all their Goods and Children, without Let or Hindrance of any Man. This Charter bears date in the year 988, and shows the Condition of Bondmen in the Saxon Times, and hereafter we shall see what they were after the Conquest, when their names were changed, as by the Glossary will more at large appear, to which I shall refer the Reader, for the knowledge of their Condition likewise, and how many ways that might be bettered and changed, shall be our next Inquiry. These Bondmen, or People of servile Condition, might and did procure the Freedom of their Persons [9] Glanvil. lib. 5 c. 5. several ways, First, by the favour of their Lord or Patron, if he released their Bondage for him and his Heirs, The first of obtaining Freedom. or did give, or sell him to another to be released. But no Bondman could purchase his Liberty with his own Money, if he did, his Lord might by the Law and Custom of the Land, bring him back again into villainage, because all his Goods and Chattels were his Lords, or so in his Power, that with them he could not redeem himself. But if a Stranger would Purchase him with his own Money, and make him Free, than he might for ever defend his Liberty against his Lord, and plead his Release by Chart, (that is, his Deed in Writing) or by any other way the Law allowed; and Trial by Duel was allowed in this Case after he was a Freeman, if any one that saw him made Free, would be his Champion, and come into Court and assert and prove his Liberty by his Body. Yet [1] Ibid. such a Freedom as this was only good against his Lord, for if he was produced as a Witness in Court against a Stranger, or to wage Law, he might object against him, that he was born a Villain (that is, descended from Bond or Villain Parents) and if it were proved, he might justly be set aside, although he was made Free by Knighthood, The second way of being made Free. which was a second way of redeeming Men from Servitude. A third way was, The third way. [2] Ibid. if a Bondman lived quietly a year and day in any privileged Town, so as he was received into the Common * That is, was either Alderman, of Common-Council-Man, for the Magistrates and chief Citizens were properly the Gilled or Corporation, and transacted the the Affairs of Corporation. The fourth way. Gilled, as a Member of it; That made him Free from Villeinage. A Fourth way was by Exchange, when Base and Vile Services were turned into Rent, and that was advanced and paid, pro omni Servicio: This put the Villain out of all Servitude, especially as to his own Person, for if the Lord had no Service to command him, but the payment of his Rent, he was free. This is co-incident with the first way, by purchase and favour. And that there were many manumitted by Grace and Favour of their Lords (conditionally at least, upon their desire to serve them in the Army) it cannot be doubted, by any man that doth consider, the Usurpations of William Rufus, and Henry the First, upon their Elder Brother Robert, and the long Civil War that attended them; The Usurpation of King Stephen upon Maud the Empress and her Son King Henry the Second, and eighteen years' Wars between them, and the War and Differences between King Henry the Second, and his Son Henry: The Baron's Wars in the Reigns of King John and Henry the Third: But that the Barons and Military Men, and the Bishops and Clergy did Manumise and make Free many of their Clients, Bondmen and Villains, and did make their Tenors more easy to draw, and fix them to their Interest and Party. Lastly, Time and Desuetude have made the most Free; The last way. Villeinage at this day being rather antiquated and disused, than nulled and taken away by Law; for when Freemen or Customary Tenants, grew wealthy and able to stock a good parcel of Land themselves, or were of such Credit, as the Lords could trust them with their Stock, they then turned their Lands into Farms, and instead of Works and Services, reserved Rend in Money, Corn or otherwise, and left the improvement to the Farmer, who took to his own use, what he could make more of his Farm than he paid to the Proprietor, so that the Lords had no need or use, for so many Customary Tenants to Plough their Lands; etc. Cotars, Servile People, and poor The Labourers in our ●imes are Gentlemen in ●espect of ●hose wretched People. miserable Laborers as before; and they were glad to work for small Wages, little more perhaps than for Meat and Drink, rather than to be under immediate Servitude to their Lord; for it cannot be thought, though their Servitude, as to the Correction or their Bodies, and other Severities was lessened, but that still they remained in a Servile State, and that the Lords commonly turned over their Works to their Farmers, who looked better after them than they could do, and saw they laboured more, and loitered less; yet if they otherwise used them inhumanely, or made their Conditions such as might not be endured without extreme misery, they had a Remedy against these by Law, which they could not have against their Lords. And in time, and by degrees they insensibly crept into more Liberty, as there was less occasion for their Services; and at length perhaps it was almost as much trouble to look after them, as their Work was worth, by which means Villeinage became more and more easy, until at last it was almost worn out, and not regarded, and many small Victuals, Rents, Fowl, Capons, Hens, Eggs, etc. and small Rents in Money, Pence, Halfpences, Farthings, Half-farthings, that the poor Villains paid▪ were neglected and lost; and the Way and Manner of Living of the Nobility, Gentry and Proprietors quite altered and changed. And more within the last Hundred and fifty years than in all the time after the Conquest; For since Foreign Trading, Commerce and Merchandising hath so much increased, the Delicacy, Softness, Pride and Luxury of the People have proportionably grown up with them, and were at first in a great measure brought into this Nation with them. But all this Freedom obtained by Bondmen, or the Freedom of others who were born Free, and were Heirs to, or had Purchased a small parcel of Land of Socage tenure, (that is, privileged from Services,) was only personal; they were not indeed Bondmen, as to their Persons, they were Free from Servile Works and Services, or if they performed any, (as many of them did) they were known, certain and easy: They neither had, nor pretended to, for several hundreds of years, that Liberty, nor those now esteemed Privileges, than thought Burdens, which those sort of men are possessed of, and now enjoy. For first, though their Persons, and Issue of their Bodies were Free from Servile Works, and they were not Bondmen (which was the only and true notion of those Freemen) in those times, yet they were not all together, (sui Juris) for as to the Government, and for the keeping of the King's Peace, all the Freemen or People in England were Bondmen, either in their own Persons, or by their Fidejussors, and such as undertook for them, and were [3] LL. Ethe●red in Lambard. c. 1. Magna Charta. c. 35. Bracton. p. 124. b. Briton. c. 29. p 72. b. & p 73. b. The Glossary to my Introduction, etc. f. 55. F. and f. 56. throughout. bound ten Masters of Families one for another, for their own keeping the Peace and Good Behaviour, as likewise for their Children, Servants and Families, except Cleres, Knights or Tenants in Military Service, their Wives and Children, and these Men so Bound were called Free Pleges; and perhaps this Old Law is not so much out of force, but that Sheriffs in their Turns, and Lords of Manners in their Leets, may put it in practice, if there should be necessity of doing it. Secondly, The serving on Juries, at the Assizes and Sessions, and that, and their Suit and Service to or in County and Hundred Courts which now is accounted a great privilege, and their Birthrights, when they have a mind to do mischief, was in the times we Writ of, esteemed a Burden, from which all Tenants in Ancient Demeasns were Free by Tenure, all or most Abbeys and Monasteries by Charter, and many particular [4] Stat. of Malebourh. c. 4.52. Hen. 3. Persons, as Knights and others purchased of the King Charters of Exemption from being Impanelled in Assizes, Juries and Inquests, which they would not have done, had they not thought it a Burden; and at first these sort of Men were forced, upon this kind of Privilege or Birthright, as appears in the Glossary to my Introduction, etc. f. 6●. 63, 64. And further, if these men had been so considerable then, or there had been any numbers of such, what need was there, in these times, to summon the Lords [5] See the Glossary to my Introduction. f. 57 B. etc. Reeve or Baily, (who was commonly no other than one of the best sort of his [6] See the Glossary here, in the word Praepositus or Reeve. Villains or Bondmen) and four Men of every Town to make answer in Pleas of the Crown in Turns, and in Pleas of the Forest with Arch-Bishops, Bishops, Earls, Barons, Knights, Free-tenants (that is, Tenants in Military Service that were not Knights) which had Lands and Tenements within the Bounds of the Forest, in the County where they summoned; I say, if these had been Men of any note, or there had been any number of them, what need other Persons to have been summoned after all the Freeholders' that had Lands in the Forest, etc. Thirdly, In an [7] Coke ●●stitut. f. ●94 b. Attaint brought against a Petty Jury for a false Verdict in these times, and the Fact proved and found; They were to forfeit all their Goods and Chattels, their Lands and Tenements were to be taken into the King's Hands; Their Houses were to be Demolished, their Trees digged up by the Roots, and their Meadows ploughed up: Surely these were men of more considerable Estates, that were presumed to have Meadows and Timber, or Trees upon their Lands, than the ordinary Free Socagers of those times, or the Freeholders' of ours, that can Swear for a Friend, that a Shed, or a House with a Chimney, worse than a Shed, and a Rod, or half an Acre of Hempland, with one Pear-tree, or Appletree upon it, is worth forty Shillings a year. Having considered the Quality of our Ancient Freemen, and ordinary Freeholders'; I shall consider what Liberties were contended for in these times, who contended for them, and who were capable of them, or could receive the Benefit of them; And how, or in what manner they were claimed. I take it for granted, that it will not be denied, that Magna Charta was the sum of the Liberties desired, and how that was obtained, I refer the Reader to the Reign of King John. King● Edward's Law. The Factious Bishops and Churchmen, and the Seditious and Dissolute Barons made a noise for King Edward's Laws. But what they were it is now a hard matter to know. Those put forth under his Name, with Mr. Lambards' Saxon Laws, were none of his, they are an incoherent Farce and mixture, and a heap of nonsense put together by some unskilful Bishop, Monk or Clerc many years after his Death, to serve the Ends and Designs of the present Time. In the 11th Law, Tit. de Danegeldo, there is the Story of Duke Roberts pawning of Normandy to his Brother Rufus toward the latter end of his Reign, when he made his Voyage into the Holy Land. In the 35th Law, Tit. de Greve, there seems to be a Reference to the Assize of Arms, made in King [8] Hoved. f. 350. a. n. 30. Henry the Second time, in the whole Rude Mass, the words, Comites, Barones, Milites, Servientes, Servi●ium, Villanus, Catalla, Manutenere, and many other Norman words are to be found; All these are pregnant Arguments, they were framed after the Conquest; And of this Opinion was Sir Henry Spelman, [9] Glossar. f. 68 Col. 1. In legibus Edwardi Confessoris, Baro saepe occurit, sed has ipsas nobis porrexit Normannus Quispiam, nam & pluribus aliis dictionibus scatent Normanicis. In the Laws of Edward the Confessor, the word Baro often occurs, but these some Norman contrived for us, for they abound with other Norman words. There is another * Sir Ed. Coke says, William the Conqueror composed the sum of these into a Magna Charta, which was the Ground. Work of all those that followed. Preface to his 8. Report. Copy of these Laws which Engulf, says he, brought with him to his Monastery of Croyland. The ordinary men received not much advantage by these, unless to be severely punished for their Transgressions, and bound to servitude was a Benefit: What these Laws were, and how adapted to the Liberty of the ordinary Freemen, see my Answer to Argumentum Antinormanicum, f. 253, 254, 255, 256, 257, 258, 259, 260, 261. The first direct demand of these Laws was, when Henry the First made a wheadling [1] Mat. Paris, f. 55. n. 20. Speech to the Clergy and Great Men, to persuade them to consent to his usurpation upon his Brother Robert, who then told him, That if he would Confirm by his Charter the Laws and Liberties, that flourished in the Kingdom, in Holy King Edward's time, they would consent he should be King: To which he agreed; And then says the [2] Monk, he granted the Liberties under-written to be observed in the Kingdom for the Exaltation of Holy Church, and the Peace of the People, which Charter is to be found in the [3] N. 102▪ fol. 119. Appendix entire and it was perfectly a Relaxation of some severities which had been here introduced into the General Feudal Law of Europe, and nothing else; and none but a Tenant in Military Service, his Widow or Children could take any advantage by it. All the Witnesses to this Charter were Great Normans, and I remit my Reader to the Translation, and what I have said of it, in the same [4] F. 265, 266, 267, 268, 269. Answer to Argumentum Antinormanicum. This Charter Henry the Second confirmed in the first or second year of his Reign, by a Charter of his [5] Append. n. 40. and fol. 40. which see. own, which being short, I will here Translate, and the rather because it shows us to what Persons he granted this Confirmation. ● Henry by the Grace of God, King of England, etc. to his Barons and Feudataries, * See Angli, Anglici, in the Glossary to my Introduction, etc. And Feudarii and Fideles there. French and * See Angli, Anglici, in the Glossary to my Introduction, etc. And Feudarii and Fideles there. English, Greeting: Know ye that to the Honour of God, and of Holy Church, I have Granted and Restored, and by this my present Charter have Confirmed to God and Holy Church, and to all Earls and Barons, and to all my [6] See there, f. 66. lin. 1. Vassals or [6] See there, f. 66. lin. 1. Tenants, all those Customs, (that is Laws) which my Grandfather Gave and Granted to them; in like manner also those evil Customs or Laws which he Remitted and Abolished. I do Remit and Grant they shall be Abolished for Me and my Hei●s; wherefore I will and firmly Command, that Holy Church, and all Earls and Barons, and all my Tenants may have and hold freely and quietly, well and in peace, and wholly or entirely, all those Customs and Grants, and Liberties, of Me and my Heirs, to Them and their Heirs, as freely, quietly and fully in all things, as my Grandfather King Henry Gave and Granted, and by his Charter confirmed ethem, Witness Richard de Lacy. Here we see none but Holy Church, the Earls and Barons, and Kings Tenants and Vassals could receive the benefit of this Confirmation or Charter, as will more evidently appear, from the consideration of King John's Charter. On the 20th of July 1213. King John was [7] Reign of King John, f. 486. F. Absolved from his Excommunication, and at his Absolution he made [8] Ibid. 48. A. Oath, ●He would Love, Defend, and maintain Holy Church and the Clergy against all their Adversaries, to the utmost of his Power; That he would recall the good Laws of his Ancestors, and especially those of King Edward, and abolish the wicked ones; That he would Judge all his Men or Tenants, according to the just Judgement of his ●Court. On the 25th of [9] Ibid. f. 488. B. C. D. August, the Archbishop met the Bishops, Abbats, Priors, Deans and Barons at London, at St. Paul's, where he told them, what Oath the King had taken at his Absolution, and that he had found the [1] 'Tis there recited, and is the same as in the Appendix above. Charter of King Henry the First, which was read to them, and they all Swore, that upon a fair opportunity, they would strive to Death for those Liberties, and the Archbishop promised his most faithful Assistance to the utmost of his Power. In September [2] Ibid. f. 494. A. B. C. the next year the Barons met at St. Edmund's Bury, under pretence of Prayer and Devotion, where the Charter of King Henry the First was again produced, the same they received from Stephan Archbishop of Canterbury at London, which contained Laws and Liberties Granted by King Edward to Holy Church, and the Great Men of England, with some Addition of his own. Here they all Swore upon the great Altar, That if the King refused to Grant them those Liberties, they would make War upon him, and withdraw themselves from his Fealty, until he should by Charter sealed with his Seal Confirm all they Demanded; and they agreed, that at Christmas they would all go to the King together, to Demand the aforesaid Liberties might be Confirmed, and in the mean time to provide themselves with Horse and Arms, that they might compel the King to make good his Oath made at his Absolution. They kept their [3] Ibid. fo. 494. D, E. time, and came to the King at their time appointed, and demanded the Confirmation of the Liberties and Laws of King Edward, Cum aliis Libertatibus sibi, & [4] Regno & Ecclesiae, the same with Regno & Sacerdotio. Regno Angliae, & Ecclesiae Anglicanae concessis, with other Liberties Granted to them, the Secular and Ecclesiastic States of the Kingdom, as they were contained in King Henry's Charter. The King desired respite until the close of Easter, That he might consider in so weighty a Matter, how to secure his Crown and Dignity; and being startled at their appearance in such a manner, found Sureties, the Archbishop of Canterbury, the Bishop of Ely, and William Marshal, who engaged with him, that on the day prefixed he should with Reason satisfy them. In Easter [5] Ibid. f. 495. A.B. C.D. Week they met at Stanford with Horse and Arms, and had drawn into their Party almost all the Nobility of England, who made up a very great Army, in which there were numbered 2000 Knights, besides other Horsemen and Foot, the Barons that were the chief Incendiaries, were in number forty four, there named, and every one of them of Norman Extraction, under their Head Stephan Archbishop of Canterbury. At that time the King was at [6] Ibid. E. F. Oxford expecting their coming: On Monday after Easter they Rendezvoused at Brackley in Northampton Shire, to whom he sent the Archbishop of Canterbury, and William Marshal Earl of Pembroke, with other Wise men to know what Liberties they desired. And they delivered unto them a Schedule in Writing, which for the most part contained the Ancient Customs of the Kingdom, Affirming, That if the King would not forthwith Grant and Confirm them under Seal, they would compel, by seizing his Castles Lands and Possessions. They brought the Schedule to the King, and read to him all the Articles contained in it, which when the King heard, he in fury asked, Why the Barons with those unjust Exactions, did not demand the Kingdom? and said they were vain things, without Foundation, and affirmed by Oath he would never Grant such things as would make him a Servant or Slave. The Archbishop and William Marshal [7] Ibid. f. 496. A.B.C.D. etc. returned to them, and acquainted them with what the King had said, they immediately chose Robert Fitz-Walter their General, and gave him the Title of the Marshal of the Army of God, and of Holy Church, and possess themselves of London by the Assistance of the Rich Citizens, and then sent Letters to the Earls, Barons or Knights, that really or seemingly adhered to the King, exhorting them with Threats, That if they would not desert the perjured King, (as they called him) and faithfully close with them in asserting their Liberties, they would proceed against them as Public Enemies, beat down their Castles, burn their Houses, and destroy their Warrens, Parks and Hortyards. Upon these Menaces most that pretended to be the King's Friends, left him, and went to London and confederated with them. The King seeing himself thus deserted, a Day of Meeting was agreed between them for a Conference at Runemede, a Meadow between Windsor and Stanes, where both Armies [8] Ibid. f. 497. A. B. were drawn up, and the King seeing no probability of his prevailing by Arms, Granted the Laws and Liberties they desired, and the Witnesses to these Charters or Grants were all of Norman descent; No English Saxons amongst them. We see all these Liberties and Laws were the Grants and Concessions of our Ancient Kings, and no otherwise demanded, nor other pretences made to them; and the only Security desired was, that they might be sealed with their Seals. And as Sir Henry Spelman tells us, what was [9] Glossar. f. ● 326. Col. 1. determined by King and Council in that Age, and Confirmed by his Seal, had without doubt the force of Law. This Charter of King John, as to the Main of it, and what the Barons contended for, was only a Relaxation of the Feudal Military Law, and was contrived, and Granted chief for the ease of Military Men; such were all Barons, Knights, and considerable Freeholders' at that time. This appears by the Body of the Charter itself, notwithstanding what hath been ignorantly and maliciously said to darken it, and that the Barons, who caused it to be drawn up, never intended it should be of much advantage to ordinary Freemen, or Freeholders', clearly appears by one Article at the very close of it. 1. All the foresaid Customs and Liberties which we have Granted to be holden in our Kingdom, as much as it belongs to us, toward our Men or Tenants of our Kingdom; our Clercs and Laics shall observe, as much as belongs to them toward their Men: Quantum ad nos pertinet, erga homines nostros tam Clerici quam Laici nostri observent erga homines suos. The Persons which are expressed by homines, in respect of the Clergy and Laity, which could not be Subjects in general, were of the same Condition with those expressed by Homines in respect of the King, that is, Feudal, or Military Tenants, and this gives us a certainty to whom the Charter was Granted. If by homines it was intended, that ordinary Freemen, and mean Freeholders' of those times were designedly to receive the benefit of this Charter, yet their being homines, shows their mean Condition at least, and that they were under some sort of Servitude, and men of no great consideration, nor most certainly the Governors or Rulers of the Nation. By homines in this Paragraph, we may understand what the homines were, that are mentioned in King Henry the Seconds Charter of Confirmation of his Grandfather's Charter above mentioned. They were the same Persons, his Military or Feudal Tenants, or his Men, Homines sui, and I shall here note that the Earls and Barons, by whose advice 'tis said in the Preamble, he granted this Charter, were all Normans by Descent, and several of the Bishops derived from Foreigners. From the Magna Charta of King John we pass on to the Magna Charta of Henry the Third. The King in the 9th year of his Reign wanted [1] Reign of Hen. 3. f. 535. A. Money for the Recovery of his own Rights, and the Rights of many Earls, Barons, and others beyond the Sea. The King's Justiciary propounded in Parliament, a fifteenth part of all the Movables, both of Churchmen and Laymen, as a sufficient sum for effecting that Affair. The Archbishop, and all the Bishops, Earls and Barons, Abbats and Priors, deliberated a while, and returned their Answer to the King, That they would readily Gratify his Request, if he would Grant to them their long desired Liberties. The King Complying with them, Charters were forthwith written and sealed with the King's Seal, and directed into every County, and Mat. Paris [2] Fol. 321. lin. 27, 28. says, That the Charters of both Kings, viz. John and Henry were the very same, & in Nullo dissimiles; that is, there was no Alteration made in this of King Henry, from that of King John. And in the Parliament, in the 37th of Henry the Third, when Excommunication and Cursing were so solemnly pronounced against the Infringers of Magna Charta, 'tis said, The Charter which his Father King [3] Ibid. f. 867. n. 10. John had Granted was produced, and read before them, which the King Regranted. Also in the 47th year of his Reign, when the Differences between the King and Barons were Referred to the King of France, 'tis said, That by his Award he damned the Provisions made at Oxford, but did not intent thereby in the least wholly to diminish [4] Ibid. f. ●92. n. 10. King John's Charter, which was Granted to the University, that is, the Comunity of England, Hoc excepto quod antiquae Chartae Regis Johannis Angliae, Universati concessae, per illam sententiam in Nullo inten●ebat penitus derogare. Any man would think Wendover, Paris and Rishanger, were competent Witnesses of the Identity of these Charters, being all Historiographers to the King Successively, and living in his Reign, and all Monks of the Monastery of St. Alban; where in the Archieves, they had without doubt Copies of these Charters, if not the Charters themselves under Seal. They are not Entered upon Record in any Rolls in the Tower, that I could find or have seen in either of these Kings Reigns. but certain it is, the very Charter made in this 9th year of Henry the Third, dated at Westminster on the 11th of February, is upon [5] Rot. Stat. ●. 1.2, 3. m. 40. Record by Inspeximus, and was confirmed by Edward the First on the 12th day of October, in the 25th year of his Reign. And that it was then made, besides its being upon Record, it is very evident from the Christian Names of the Bishops, living at that time. King Henry in the 37th of his Reign, about five Weeks after the Denunciation of Excommunication, and a Curse against the Infringers of this Charter, as above mentioned, declares to whom he Granted it, saving to himself and his Heirs, the Rights and Dignities of his Crown, [6] Claus. 37 H. 3 m. 9 Dor. De Magna Charta tenenda. Rex vicecom. Somerset & Dorset Salutem. Scias quod ad instantiam Prelatorum & Magnatum Regni nostri, Concessimus quod Magna Charta nostra de Libertatibus, Praelatis & Magnatibus, ac aliis liberis hominibus regni nostri confecta, de c●tero rata & stabilis perseveret, & quod omnes Articuli in eadem Carta contenti & expressi inviolabiliter observentur. Salvis nobis, & heredibus nostris, Ju●ibus & Dignitatibus Coronae nostrae, & Baronibus nostris & Magnatibus, & aliis nobis Subjectis, Libertatibus, & liberis suis consuetudinibus, prius usitatis, non expressis vel concessis in Charta predicta, etc. Saving to his Barons and Great Men, and others his Subjects, their Liberties and Free-Customs they had used, not expressed and granted in this Charter. And in another Record it appears, who the Freemen were, to whom, and for whose advantage the Charter was chief made. [7] Cart. 49 He●. 3. m. 4. Ad haec de unanimi assensu & voluntate nostra, Edwardi filii nostri, Prelatorum, Comitum, Baronum, & Communitatis Regni nostri, concorditer Provisum est, quod Chartae * So called in respect of Oxford Provisions, which were made in the 42 d of his Reign, and the Ordinances made in the 48th of his Reign, in the Month of June at London, referred to the beginning of this Charter. Antiquae Comunium Libertatum, & Forestae Comunitati Regni nostri dudum concessae, in quarum violatores ad petitionem nostram sententia Excommunicationis dudum lata est, & per sedem Apostolicam confirmata, observentur in perpetuum. Further of the unanimous Assent and Will of Us, our Son Edward, the Prelates, Earls and Barons, and the Comunity of our Kingdom, it was Ordained, That the Ancient Charters of Common Liberties, and of the Forests, long since granted to the Comunity of our Kingdom, (against the Breakers of which, at our Request, the sentence of Excommunication hath been pronounced, and confirmed by the Pope) should be for ever observed: Now that the Tenants in Capite or Military Tenants were the Comunity of the Kingdom, I have sufficiently evinced in the Glossary to my Introduction, etc. fol. 27 etc. And by, and through them, or by their means others enjoyed the advantage of these Liberties. For toward the close of this Charter in the Record, 'tis said, * Rot. Stat. ●. 1.2, 3. m. 40. Omnes istas Consuetudines, & Libertates predictas, quas Concessimus in Regno nostro tenendas, Quant●m ad nos pertinet, erga nostros observemus; & omnes de Regno nostro tam Clerici, quam Laici observent, quantum ad se pertinet erga suos. All those Customs and Liberties aforesaid, which we have Granted to be holden in our Kingdom or Government, in what belongs to Us, we will observe toward Ours, and all of our Government or Kingdom, as well of the Clergy as Laity in what belongs to them, shall observe the same towards theirs. This is the same Clause, and of the same meaning with that which hath been taken notice of toward the close of King John's Charter. And erga nostros and suos here, are of the same Import with erga Homines nostros, and erga Homines suos, there. And the very last Clause of King John's Charter of the Forest, is in the same [8] Append. f. ●4●. A. Words and Syllables, with these of the Record here cited. And further, those words, the Omnes [9] See the Glossary to my Introduction, etc. f. 64, 65. de Regno nostro Clerici & Laici, cannot be meant of all the People of the Nation, or every individual Freeman, or Inhabitant of the Kingdom; But of such only, who had others under them, that belonged to, and had some dependency on them, by Tenure, or otherwise. Those were the omnes, etc. here intended. The Matter of Fact before this Confirmation was thus: Edward the First was Engaged in a War with the French and the Scots; [1] Walsingh. f 68 n. 40. Mat. Westm. f. 428. n. 30. The last of which he had subdued, and brought their King John Prisoner to the Tower. The King of France the mean time entered Gascony with an Army, and affronted him by divers other ways and means: At his return from Scotland, the King on the morrow after All Souls, on the 3d of November, A. D. 1196. 24 Ed. 1. according to Walsingham, or on the Feast of St. Martin, on the 11th of the same, according to Mat. Westm. held a Parliament at St. Edmund's Bury, to raise Money to maintain the War against France; [2] Walsingh. ut supra, and n. 50. In qua à Civitatibus & Burgis concessa est Regi octava, à populo vero reliquo duodecima pars bonorum. In which the Citizens and Burgesses granted him an Eighth, and the rest of the Laity, (that is, the Barons and Knights of Shires) granted him a Twelfth part of their Goods. Clerus ob constitutionem Bonifacii Papa● hoc anno editam, quae prohibet sub poena Excommunicationis, ne Talliae vel Exactiones à Clero per seculares Principes quocunque modo exigantur, vel eis salvantur de Rebus Ecclesiae, Regi pro Guerra sua petenti subsidium Denegavit. The Clergy denied the King a Subsidy toward his War, by reason of a Constitution of Pope Boniface published this year, by which Secular Princes were prohibited to require any Taxes or Talliages of the Clergy, or they to pay any to them, upon pain of Excommunication. But that upon Deliberation they might give the King a better Answer, he deferred this Business until the next [3] Ibid. Parliament, which was to be holden at London, on the morrow after St. Hilary (that is, January 14th). In the mean time, [4] Vt supra. the Monk of Westminster says, the King caused the Barn-Doors of the Churchmen to be locked up. At the * 25th Ed. 1. time appointed the Parliament met at London, and the Clergy persisting in their Denial of a Subsidy to the King, he put them out of his Protection, seized their Goods, and prohibited the [5] Ibid. f. 429. n. 30. Lawyers to Plead for them in any of his Courts. And as a Composition to be restored, many [6] Walsingh. f. 69. n. 30. gave a Fifth part of their Goods: The King found the Archbishop very stiff in this Business, and therefore seized all his Lands, and caused the Debts he ought in the Exchequer to be levied upon his Goods, for he by consent of the Clergy, had procured the Inhibition, that they should not assist the King with the Church Revenues. The King [7] Ibid. f. 69 n. 50. summoned all that ought him Service, and all that had twenty pound Land by the year, to meet him at London with their Horse and Arms, upon the first of August, to pass with him beyond Sea, and to receive his pay: [8] Mat. West● s. ●30. n. 40, 50. When they met, the King Commanded his Marshal and Constable, the Earls of Norfolk and Hereford to Enrol and Order the Militia; they deny to do their Duty, and in behalf of the Comunity demand a Confirmation of their Liberties contained in the Great Charter, and Charter of the Forest, and make other new Demands, that they might not be Taxed without their own Consents, etc. (which new Demands were Granted in the Statute de Tallagio non Concedendo, in the 34th of his Reign) But at that time was willing only to renew the Charters, for [8] Mat. West● s. ●30. n. 40, 50. which he required the * Which had been granted th● last year at Bury. Eighth part of the Goods of the Laity, which was presently Granted by such as stood about him in his Chamber; He than received the Archbishop into Favour, and Restored his Lands, and required a Subsidy of the Clergy, who answered, They would write supplicatory Letters to the Pope to give them leave to do it. The King of France the mean while had led an Army into Flanders, and wasted the Country, A. D. 1297. 25 Ed. 1. and reduced the Earl to great necessity, who sent to the King for Relief as being his Confederate. The Marshal and Constable told the King it would be no advantageous Expedition to him, and that they were not bound to that Service, however he shipped himself with 1800 Horse, and a great Body of Foot, on the 23d of August to the relief of Flanders. [9] Ibid. He was no sooner gone, but the two Earls and a Troop of Barons after them, went to the Chequer and forbade those Barons to levy by the Sheriffs this Eighth part, because they had not given their Consents, without which no Tallage could be imposed upon the People, whom they had made their own, and drawn in the [1] Walsingham, f. 72. n. 40. Citizens of London, to stand with them for their Liberties. These Tumults much affrighted the People, and amused Prince Edward, his Father's Viceroy, so that by the persuasion of some of the Great Men he [2] Mat. Westm. f. 431. lin 7. renewed the Charters. This was done on the 12th of October, in the 25th year of his Father's Reign, as we have noted before, and they were signed by him at Gant in Flanders, on the Ninth of November following. Walsingham says he did it, in compliance with the wickedness of the times: In arcto [3] f. 74. n. 4. pofitus cedendum Malitiae Temporis censuit. On the 15th of September the Prince issued the [4] Append. n. Writs to the Sheriffs of every County, to cause two Knights to be Elected and sent to him to London, (without any Directions to send Citizens or Burgesses) so as they should be there on the sixth of of Parliament; and yet no doubt, but they were made by advice of his Council. And therefore it seems, that the Parlements or Great Councils of those times, owned the King's Charters under Seal, and the Grants made by them, to the People to be of good Force and Effect, and that their Petitions to which he gave his Assent, and caused to be put under his Seal, were by them accepted, and from time to time acknowledged as firm and valid Laws. In the 28th year of his Reign, the King led an Army into [5] Mat. Westm. f. 433. n. 30. Scotland, the Scots fled, leaving about 400 of their slain behind them. The Archbishop of Canterbury came to the King there, and brought the Pope's Command or Message to him, That the Scots having submitted themselves to his Protection, he should not presume to make War upon them any longer. Whereupon the King returned into England, and held a Parliament at Lincoln eight days after Hillary. The Earls and Barons complain of the violence and injuries done every where by the King's Ministers and Servants; And again, desired the Liberties contained in Magna Charta, might be so confirmed, that from thence forward they might endure for ever. [6] Ibid. f. n. 40. The King for some days was not very forward to gratify them in their Requests, but seeing their Importunity, he told them he was ready to Grant and Ratify what they desired, and the Charters were renewed, and sealed with the King's Seal, and carried into every County in England, and the Archbishop of Canterbury, with the other Bishops, denounced the Sentence of the greater Excommunication against the Violators of them; [7] Ibid. f. n. 50. Pro hoc confirmationis effectu concesserunt Comites & Barones quintam decimam partem bonorum suorum Mobilium, etc. For this Confirmation the Earls and Barons gave a Fifteenth part of their Movable Goods, as they should be at Michaelmass next coming. But Robert Archbishop of Canterbury would grant nothing for the Clergy, not so much as from the Temporalties annexed to the Church, without the Pope's special Licence; This Confirmation bears Date the 28th of March, in the year above said. This is the true History of the contention between the Norman Kings and Norman Barons from the 1st of Henry the First, to the 9th of Edward the First, just 200 years, about their Liberties comprehended in these two Charters especially, and their Pretences from them, and Expositions of them: Not one English Saxon Baron to be found, as a Witness to, or Promoter of them, nor indeed scarce to any public Instrument, Charter or Grant; all this time. And to any Man that will seriously consider what these Charters were then, to wit, all of them in the main, but a Relaxation of the Rigour of the Feudal Law generally used in Europe, cannot believe they were any others; for the Descendants from the Normans at this very time possessed all the considerable Estates in England, and it was Liberty that they pretended belonged to them, in the enjoyment of their [8] See what is said of Feudal Law. Feudal Tenure, etc. in the Glossary, to my Introduction, etc. f. 39 E. etc. and compare it with the main Articles in Magna Charta. Feudal Estates they contended for; and the Archbishops and Bishops always headed and managed them, and began the Dance with pretences for their Ecclesiastic Liberty, who were willing to have their Prince's Favours, as to the enjoyment of their Temporalties or Baronies, but were not willing to own any obligation or subjection to them, in respect thereof. But Sir Edward Coke doth not care to hear of the Feudal Law, as it was in use at this time, And hath a fine fetch to play off the Great Charter, and interpret it, by his Modern Law, that was not then known, or heard of. And it hath been, and ever was, an Art of some Men, to interpret and confound New Laws by Old Practice, and Usage; and Old Laws by late Usage, and Modern Practice; When perhaps if they would endeavour to find out the History of those Laws, the Grounds and Reasons upon which they were made, there would be found no congruity between them, nor possibility of explaining one by the other; but if the words sound alike, 'tis enough. The same Sir Edward in the Epistle to his sixth Report Affirms, the Common Law of England was here (in practice 'tis to be supposed) before the Entry of the Romans, Saxons, Danes and Normans, and that it was never altered by any of them: And with Relation to this Opinion he says, that Magna Charta was for the most part [9] Proem to 2d. Institut. f. 2. And see 2d. Instit. f. 3. lin. 3. Declaratory of the principal Grounds of the Fundamental Laws of England, and for the Residue it is additional to supply some defects of the Common Law, and it was no new Declaration. Upon this Assertion, no man can think but that he knew what the Fundamental and Common Laws of England were, before the making of this Charter, otherwise it was only a conjecture and he had neither Ground nor Reason for a Positive Assertion, nor could he say it was Declaratory of the Common Law▪ if he could not tell what that was. If he did know it, Eger●on Lord Chancellor, Sir Francis Gaudy Chief Justice of the Common Pleas, Fleming Chief Baron, and William's one of the Justices of the King's Bench did not; for in Prince [1] Coke 8th. Report. Case the fi●st. Henry's Case, in Hillary Term in the Third of King James, for the Establishing the first great Point which was argued in that Case, they all agreed, The Great Charter did cross and change divers parts of the Common Law: Now if it did cross and change the Common Law, it did not declare and confirm it; (for that's Sir Edward's meaning) n●r would a man think such a Charter could supply the defects of it. I will leave these different Opinions to those that can Reconcile them, and take notice of some of Sir Edward's particular Instances. Magna [2] Second. Instit. f. 15. Charta. C. vi. Haeredes autem Maritentur absque Disparagatione. Heirs shall be Married without Disparagement. This he says is an Ancient Maxim of the Common Law. It is most certain, That the Lords of the Fee should have the Custody, Warship and Education of the Heir within Age, was by the Constitution of the [3] See Feudal Law, etc. in the Glossary to my Introduction, f. 39 E etc. Feudal Law, especially as it was at this time practised in England, and from thence this Law was derived. The next Chapter about the Marriage of Widows was another Branch of the Feudal Law, where the true Reason is given why they could not Marry without Licence from the Lord of the Fee, which he never touches. No [4] Mag. Cart. C. ●0. Constable of a Castle may distrain any Knight (that is any Person who by Military Tenure was bound to Castle-Guard) to give Money for Castle-Guard, if he would do the Service in his own Person, or do it by another Stout Man, if for any reasonable cause he could not do it himself, and if the King called him into the Army, he should be free from Castle-Guard, for the time he was in the Army, and for the Fee for which he did Service in the Army. This Chapter, or as he calls it [5] 2 Institut. f. 34. Act, consisting of two Branches, is Declaratory of the Common Law. First, He that held by Castle-Guard might make a Deputy. Secondly, That he who by the King was called into the Army, should be free from Castle-Guard, etc. This also he says was Declaratory of the Ancient Common Law. Yet Castle-Guard, and whatever related to it was a Constitution of the Military Feudal Law. The next [6] Mag. Char. C.xxi Chapter about Carriages, was a Prerogative all Princes as Chief Lords of all Fees, had over the Vassals of their Military Tenants. Nulla Carecta Dominica, etc. No Demeasn Cart (that is, a Cart in the proper use) of any Ecclesiastic Person, or Knight, or any other Lord of a Manner shall be taken by our Officers, etc. They were exempt, he says, by the Ancient [7] 2 Instit. ● 35. Law of England. The words of the Law prove it to be Military and Feudal; They were exempt as Military Tenants: The words Carecta Dominica, add to the proof that it was a Military Law. We will not hold the Lands of those Convict of [8] Mag. Chart. c. 22. Felony above a year and a day, etc. Forfeiture of Lands for Felony was Originally from the Feudal Law. No Officer of ours [9] Ibid. c. 28. shall for the future, put any man to Wage Law, etc. This Wager of Law, he says, for aught ever he had read was the peculiar Law of England. I am sure he never read the old French Law, the Salic Law, the old Feudal Law, [1] See my Saxon History. the old Germane, nor indeed any ancient Foreign Law, the Practice of it, and the Constitution also is frequent in all of them. The 31 Chapter of Magna Charta concerning Military Tenors, Escheats, Reliefs and Services, he [2] Second Institut. f. 64. says, is all merely Declaratory of the Common Law, but it is a mighty mistake from his not having read or observed the Feudal Law; for if ever there were any such Law in the World, this whole Chapter is certainly only a qualified and moderate part of it. Nor are Littleton's Tenors any thing else, but a Declension and Lapse of the Rigid Feudal Law, by pact, permission, remission, or favour of Lords and Patrons, or by time, into the more mild Usages of it, as they were practised in this Nation in his time, as must be confessed by any one but meanly skilled in the Feudal Law. The whole Feudal Law consisted in [3] Hottom. de Feud. Disput. Col. 871. C. D. E. Customs, rather than in Written Rules, before the Constitution of Frederic the First, who was made Emperor A. D. 1151, or 1152. The Lombard's had their own Customs in their Fees, the Goths, Franks and Saxons had others, all different; The Normans and Vandals had their own Customs, every one in their own Countries and Provinces had their different Customs, and therefore of necessity the Laws of Fees were various. But Sir Edward Coke cannot own any thing of the Feudal, or any Foreign Law here, though it was really made the English Law by Use and Time: He hath a formal way of Speaking, the Law doth this, and the Law doth that; this is Law, that is by the Common Law of England, abstracting it from any dependency upon, or creation by the Government, as if it had been here, before there was any, and had grown up with the first Trees, Herbs and Grass that grew upon English Ground, and had not been of our Ancient Kings and their Successors Planting, by Assistance and Advice of their Great Councils in all Ages, as it was found expedient either by them, or upon Petition, and Request of their People: Which [4] Claus. 1. E. 2. m. 10. Dor. is acknowledged by all the Bishops, Earls, Barons, and People present at the Coronation of King Edward the Second in these words: ●Sir, will you Grant and Keep, and by your Oath Confirm to the People of England, the Laws and Customs granted to them by the Ancient Kings of England your Predecessors, true and devout to God, and namely the Laws and Customs, and Liberties, granted to the Clergy and People, by the glorious King Edward your ●Predecessor. In very many of the most Ancient Statutes, 'tis said, The King Ordains, the King Wills, and it hath been resolved by many of the Judges [5] Coke 8 Report. f. 20. b. That if those Statutes be entered in the Parliament Rolls, and always allowed as Acts of Parliament, it shall be intended, they were by Authority of Parliament. How such Entry, and such Allowance, without any Words in the Statutes to that purpose, can make them to be by Authority of Parliament, I shall not inquire; But sure I am those words, The King Ordains, the King Wills, being pronounced in Parliament, and Recorded in the Rolls thereof, for the security of the People, and owned by them, do clearly prove his Authority and Power in making Laws, to be far greater than many men would allow him, or have him to enjoy. If these say of Sir Edward Coke have respect to the Times before Magna Charta, there was not then much Law, nor much Pleading, nor many judged Cases from whence the Bulk of the Law arose, and the proceed were short, Possession than was eleven Points of the Law, and Seisin proved the Plaintiff had Possession presently; the only trouble then and delay was sometimes allowing and casting Essoins. I will give some Examples of the course of Law then. Rex Willielmo de Cahanniis, Salutem: [6] From the Original in the hands of Sir Tho. Hare Baronet. This was in the time of William Rufus. Praecipio tibi, ut facias convenire Sciram de Hamtona, & Judicio ejus cognosce, Si Terra de Isham reddidit firmam Monachis Sancti Benedicti Tempore Patris mei, & si ita inventum fuerit, sit in Dominio Abbatis; si vero Teinlanda tunc fuisse invenietur, Qui eam tenet, de Abbate Teneat, & recognoscat; Quod si noluerit, eam Abbas in Dominio habeat, & vide ne clamor inde amplius at me redeat. Teste * He was consecrated A. D. 1081 and died 1096. Willielmo Episcopo Dunelm. The King to * He was Sheriff. William Cahains, Greeting: I Command you, that you cause the Shire of Hamton to come together, and by the Judgement thereof, know if the Land of Isham paid Rend to the Monks of * That is, of Ramsey. St. Benet, in my Father's time, and if it shall be found so, let the Abbot have it in Demeasn, or the Possession of it; But if it shall be found to be Teinland, he that holds it, let him hold it of the Abbot, and let him acknowledge to hold it so; If he will not, let the Abbot have it in Demeasn, and see that no Complaint about this Matter returns to me again. Rex Angliae [7] Ibidem. Willielmo Vicecomiti, Salutem: Mando & Praecipio Tibi ut Abbatem Ailsi facias habere Isham sicut ipse Dirationavit eam in Hamtona, & sicut Testimoniata, & jurata ad opus Sancti Benedicti. T. R. Big. The King of England to William the Sheriff, Greeting: I Require and Command thee that thou makest Abbot Ailsi to have Isham, as he Recovered it by Proof in Northamptonshire, and as it was Witnessed and Sworn to be to the Use of Saint Bennet. Witness Roger Bigod. This was the whole Proceeding, after Proof by the Shire, it belonged to the Abbot, a Writ of Possession was directed to the Sheriff, and then he had Seisin of the Land. Rex Angliae [8] The Original in the Custody of Sir Tho. Hare Baronet. Episcopo Eliensi & Baronibus & Justiciariis & Vicecomiti & omnibus fidelibus suis Francis & Anglis de Grantebridge scira, Salutem. Sciatis quia Barnadus Abbas de Ramseia, Dirationavit in Curia sua apud Sanctum Ivonem coram Justicia mea quam illuc miseram, In the time of Hen. 1st. Terram de Stowa & Grettona, versus Paganum Peverellum, quam ipse Paganus Clamabat tenere de Ecclesia de Ramseia, Et Recognitum ibi fuit, quod nullum jus in Terra illa reclamare poterat, sed Remansit Terra illa Ecclesiae de Ramseia & Abbati solida, & quieta de tota calumnia Pagani & Successorum suorum; Et hoc Dirationamentum Warrantizo, & per Chartam meam Confirmo; Roger Bishop of Salisbury was Elected 110●. and Consecrated 1107. and was Bishop 39 years, and Justiciary of England many years in his time. Et ideo volo & praecipio quod Ecclesia de Ramseia & Abbas eam amodo in pace, & quiet & liberè teneat sicut Dominium Ecclesiae ejusdem, Ita ne ulterius ei Respondeat, nec alicui de Successoribus suis, nec alteri qui per illum Clamet. Teste * R. Episcopo Sarisher. & Pagano sil. Johannis, & W. de Hoctuna Apud Westmonasterium. The King of England to the Bishop of Ely, the Baron's Justiciaries, Sheriff and all his Feudataries of Cambridgeshire, French and English, Greeting: Know ye that because Barnard Abbot of Ramsey, hath recovered at his Court at St. Ives, before my Justice which I sent thither, the Land of Stow and Gretton against pain Peverel, which he claimed to hold of the Church of Ramsey, and it was there found by the Jury, that he could claim no Right in that Land, and that the whole belonged to the Church and Abbot of Ramsey, free from any claim of pain or his Successors: And this Recovery I Warrant, and by my Chart Confirm; And therefore I Will and Command, That the Church of Ramsey and the Abbot, from henceforward, shall hold them peaceably, quietly and freely, as the Demeasn of the said Church, so as it shall not answer any more to him, or any of his Successors, or any Claiming by him. Witness Roger Bishop of Salisbury, and pain Fitz-John, and William of Hoctun at Westminster. The King sent one of his own Justices to take the Assize or Verdict, to prevent the partiality of the Jury which might have been before the Abbot himself, or his Steward. The like Confirmation almost was made by Queen Maud under her Seal, in another Case in the Absence of this King, 'tis supposed as Regent. The Inhabitants of the Hundred of Peritune (now Pirton) in Oxfordshire, pretended the Manner or Hundred of Levechenor, (now Lewknor) in the same County ought Suit and Service to their Hundred, and was not Hundred of itself; the Abbot of Abendon proved the contrary in the King's Court in the Castle of Winchester; Sed quia Rex tunc in Normannia erat, Regina quae tunc praesens aderat taliter hoc sigillo suo Confirmavit. Carta [9] Registrum Magnum de Abbendon in Bibloth. Cotton Claudius. B. 2. Reginae de Levechenora. MAtildis Angliae Regina Roberto Episcopo Lincolniensi, & Thomae de Sancto Johanne, & omnibus Baronibus Francis & Anglis de Oxenefordscira, Salutem: Sciatis quod Faritius Abbas de Abbendona, in Curia Domini mei & mea apud Wintoniam in * In the Exchequer or Treasury there, which was then in Winchster Castle. Thesauro ante Rogerum Episcopum, Salesburiensem, & Robertum Episcopum Lincoln & Richardum Episcopum Lundon. & Willielm. de Curceio, & Adamum de Porto, & Turstinum Capellanum, & Walterum de Glocest. & Herbertum Camerarium, & Willielmum de Oyleio & Gosfridum fill. Herberti, & Willielmum de Enesi, & Radulphum Basset & Goisfridum de Magna Villa & Goisfridum Ridel & Walterum Archidiaconum de Oxeneford, & per * doomsday Book kept in the Treasury of the Exchequer. Librum de Thesauro Disracionavit quod Levecanora Manerium suum nichil omnino debet in Hundredo de Perituna facere, sed omnia quae debet facere tantumodo in Hundredo de Levecanora facere debet in quo Hundredo habet Ecclesia de Abbendona xvii Hidas. Teste Rogero Episcopo Salesb. & Willielmo de Curci, & Adamo de Porto apud Winton. Maud Queen of England, to Robert Bishop of Lincoln, and Thomas St. John, and all the Barons of Oxfordshire French and English, Greeting: Know ye that ●aritius Abbot of Aberdon, in the Court of my Lord, and mine, at Winchester in the Exchequer, before Roger Bishop of Salisbury, Robert Bishop of Lincoln, and Richard Bishop of London, William de Curcey, Adam de Port Turstin our Chaplan, Walter of Glocestre, Herbert the Chamberlain, William D'oyly, Geoffrey Fitz Herbert, William de Enesi, Ralph Basset, Geoffrey Magnaville, Geoffrey Ridel, and Walter the Archdeacon of Oxford, proved by doomsday Book, or the Book which was kept in the Treasury of the Exchequer, That his Manner of Levecanor ought no Suit or Service to the Hundred of Peritune, but whatever it ought to do, was only to be done in the Hundred of Levecnor, in which the Church of Abbendon hath seventeen Hides. Witness Roger Bishop of Salisbury, William de Curcey, and Adam de Port at Winchester. In these times, and for a Century or two of years afterwards, the Trials for Lands and Goods in the * See the old Registers, Leigers, Couchers and Histories of the Great Monasteries, Ely, Bury, Ramsey, Abendon, etc. County, * See the old Registers, Leigers, Couchers and Histories of the Great Monasteries, Ely, Bury, Ramsey, Abendon, etc. Hundred, and Lords Courts were very considerable, and for good Quantities of Land, and the Suitors to the Hundred and County Courts were as considerable; all Men, especially of the Laity, of what Quality soever, within the Hundred, ought their Attendance there, as appears by this Writ. Henricus [1] Monast. Angl Vol. 3. f. 262. Col. 2. n. 50. Rex Angliae, omnibus Baronibus, & Vavasoribus, & omnibus Dominis qui Terras Tenent in Well-Wapentach, Salutem: Praecipio quod omnes veniatis, ad placitum, & Wapentachium Episcopi Lincoln quod de me tenet, per summonitionem Ministrorum suorum; Et facietis ei omnes Rectitudines, & consuetudines in omnibus Rebus, quas ei debetis de Terris vestris ad illud Wapentachium●, ita bene & plenary, sicut unquam plenius fecistis Roberto Episcopo vel alicui Antecessori suo, & quas juste facere debetis, & nisi feceritis ipse vos justiciet per pecuniam vestram donec faciatis, ne perdam pecuniam meam, quam Episcopus mihi inde reddere debet. Teste Episcopo Sarum, & G. Canc. apud Fereham. Henry King of England, to all Barons, Vavasors, or Knights and Lords of Manners, which hold Lands in Well-Wapentach, Greeting: I Command that you all come to the * The same with an Hundred. Wapentach-court of the Bishop of Lincoln which he holds of me, at the summons of his Bailiffs, and perform to him all Services and Customs in all things, which are due to him from your Lands at that Court, so well and fully as ever ye performed them to * Robert Bloet who died, Jan. 10. A. D. 1122 Alexander succeeded him, and was consecrated, A. D. 1123. Jul. 22.23 Hen. 1. Robert the Bishop, or any Antecessor of his, and which ye ought justly to do, and unless you perform them, he shall Distrein your Goods until you do it, lest I lose my Rent which the Bishop is to pay me for the Wapentach. Witness the Bishop of Salisbury, and G. the Chancellor at Fereham. In the [2] Append. n. 34. eighteenth year of Henry the Third, He by Advice of the Major part of the Bishops, Earls and Barons Expounded the 35th Chapter of Magna Charta, where there had been care taken about the keeping of the County Court, Turns and Leets, but not about Hundred or Wapentach Courts, and Lords Courts; In which Chapter there was a Clause, That all were to have their Liberties they had or used in the time of King Henry his Grandfather; And it having been proved before them, that Hundreds and Wapentaches, and Lords Courts were then holden every Fortnight, which was thought too often, and too great a trouble to the Suitors; yet seeing the two Turns were not sufficient to preserve the Peace of the Nation, nor to Correct the Injuries done to Rich and Poor, which was part of the Business of the Hundred Courts; it was provided, that between the two Turns, Hundreds and Wapentaches, and the Courts of Great Men should be holden from three Weeks to three Weeks, where before they had been holden once in a fortnight, so as there should not be made a General Summons to those Hundreds, Wapentaches, and Great men's Courts, as there was to the Turns; But there should only come to them the Plaintiffs and Defendants, and those which * By their Tenors, and held Lands by doing Su●t and Service at those Courts. ought Suit to them, That Trials might be dispatched, and Judgements made (which are done by the Suitors) unless in those Hundreds there ought to be Inquisition made of Pleas of the Crown, as of the Death of a Man, Treasure found, and the like, for the Inquiry to be made after them, they should come with the Suitors, all of four of the next Towns that were necessary to make such Inquisitions. Notwithstanding this Provision, the Attendance upon these Courts, was thought a great burden and trouble, and therefore two years afterwards [3] Stat. of Merton. c. 10. it was provided and granted, That every Freeman that ought Suit to the County, Trihing, Hundred and Wapentach, or to the Court of his Lord, mighty freely make his Attorney to do those Suits for him; So that this way the Great Men made a Law to excuse their Lands and selves from this Service, and gave some small parcels of Land to some ordinary inconsiderable men to do this Drudgery for them. Land then was the price of all things, the very Household Servants had Land allowed them for their annual Wages. Nor was that which is now accounted a wonderful Privilege, than thought any other than a vexation and trouble, seeing many Knights and considerable Men purchased of the King Charters of Exemption from being Impanelled in Assizes, Juries and Inquests, and these Exemptions were so frequent and so many, [4] Stat. of Marlebridge, c. 14. that they hindered the course of Justice, and therefore there was a Law made to force them in several Cases to serve upon Juries and Inquests; and at length when the small Barons or Tenants in Capite and Military Men began to grow poor and beggarly, and had by Law [5] Magn. Chart. c. 32. leave to Alienate what part of their Estates they would, leaving sufficient to perform the Services which belonged to the Fee, they began to think of * History, f. 6●7. A. B. Representatives to save charges in going to, and Attendance at Parlements, and by several [6] See Glossary to my Introduction, etc. ●. 62. c. etc. undue Practices and Laws, to force the trouble and vexation (as it was then esteemed) of serving and waiting at Assizes, Sessions, and County Courts, upon Men of mean Estates, and meaner Understandings, Parts and Abilities. These Trials for Lands before the County and Hundreds, are often to be seen in doomsday Book, and in the old Registers, Leigers, or Couchers of great Monasteries, as of Ely, Ramsey, Bury, Abendon, Glastonbury. etc. with the manner how they were recovered, the Testimony of the County or Hundred, and by such Jurors as most frequently knew the Matter of Fact. The Great Matter of Inquiry then was, Who had been possessed, and who was possessed of the Land or Thing in Contention, for by that they most frequently judged of Right. For no Estate then passed by private Bargain only, but there were some public Circumstances and Ceremonies performed, which made the passing of Estates from one to another very notorious, and especially those of Investiture, or as it was called when much in use, Livery or Seisin, or when the Charts and Deeds of Feoffment were read and [7] Bra●ton, p. 38. a. n. 12. granted before the County or Hundred, and there witnessed publicly, by Thomas of such a Town, John of another, Richard of a third, Henry of a fourth, James of a fifth, (cum multis aliis) with many others, that were Suitors at those Courts, and they were then many indeed; for besides those that were Suitors by Tenure, and held Land by Performance of such Services, all others that were Resident within the County or Hundred, and capable of doing it, performed their Suit to the County or Hundred, as a [8] Ibid. p. 37. a. n. 8. Service belonging to the King, for preserving Peace and Justice. When Estates passed thus by the Donor or Feoffor, to the Donee or Feoffee, and Livery or Delivery was made, and Seisin or Possession given in the presence of Tenants of the same Manner (or as the Feudal Law calls them Pares Curiae [a] Sir Edward Coke in the Epistle to his Eighth Report, says, Trial by Juries is an Invincible Argument of the Antiquity of the Common Law, to which they are appropriated: But if we received the Trial by Juries, or Pares Curiae, with the Feudal Law, we have greater Reason to say, the Common Law was either derived from that, or received this way of trial from it. Li● inter Duos Vasallos per Dominum, inter Vasallum & Dominum per Curiam Parium, Disceptanda est, per Pares Coram Dominum Jura●os. A Controversy between two Vassals, is to be determined by the Lord, by Peers Sworn before him, between the Lord and a Vassal by the Court of Peers. Hottom. in lib. 2. Feud. Col. 757. E. Vasallus ob qùodvis Capitale facinus Feudo Mulctatur. Sic tamen ut causa priùs Disceptetur Parium Judicio. Idem de Feud. Discu●. Col. 886. B. Statuimus ut nullus Miles sine certa & convicta Culpa suum Beneficium perdat, nisi secundum Consuetudinem Antecessorum nostrorum, & Judicium Parium suorum. Ll. Longobard. lib. 3. Tit. 8. l. 4. He that desires to know more of the Affinity between our Ancient Law and the Feudal Law, let him read Dr. Zouch his Description of the Temporal Law and Judgement according to the Feudal and Norman Customs, and in particular for Trials by Juries, etc. Section the Fifth, of the third part. Peers of the same Court) or of the most Substantial Persons nearest the place, than Men were as secure of these Estates as of Copy-holds now; And therefore it was, That a Writ of Right was anciently directed to the Lord of the Manner, of which the Land was holden, to do the Demandant Right in his Court, as the most ready, secure and quick way of Justice, for either the Tenants of the Manner knew the Possession whose it was, and how obtained, whether by Descent or Donation; Or it was entered in the Lord's Court Rolls, or Books from whom, and to whom Alienated for the Security of his Free Rent and Relief, and the Lord could not lose his Court; that is, the Trial and Judgement whose Estate it was, and whether the Demandant or Possessor had most Right to it, if he failed not in doing Justice. And in such Case it was removed to the County, and if need were, from thence to the King's Court, or many times immediately into that. But afterward when the Scholastic and Dilatory Method of the Caesarean and Canon Law [9] Flor. Wigorn. f. 671. Orderic. Vit. f. 919. B. Gervas'. Act. Pont. Cant. Col. 1665. n. 30. about the years 1139, and 1145. by the encouragement of Archbishop Theobald, and other Bishops in the Reign of King Stephen was introduced, publicly read, and mixed with the Practice of the Feudal or National Law, with Design to overrule and Baffle it, than all the plainness of it ceased, quick Justice was laid aside, and all the Inventions, Art, Delays and Subtleties of the other were introduced, by the Canonists and Schoolmen that practised it, and became almost as Fine and Subtle, as School Divinity itself, which then and afterwards was followed, as the best Example of Notion, Distinction, Division, and Nicety, to all Learned Authors and Writers in every Science. This is clear from the Consideration of the Works of Glanville, and Bracton, who Wrote within an hundred years one of another; How Plain▪ Easie, Short and Open is the First; How Intricate, Involved, Subtle and Nice the Second. How much was the Bulk and Dilatory Practice of the Law, within that time increased by Art, new Suggestions and Inventions, never before thought of. The Judges were then most, if not all, either Clergymen, or Professors of the Caesarean and Canon Law, and most frequently advanced by Ecclesiastic Preferments, and the Pleaders or Lawyers were Monks, who read in their Cells or Monasteries, and abroad out of them, and explained those Laws, until prohibited by several Popes from meddling with that Practice, and also Secular Affairs. I am in a large Field, but must leave it, and shall conclude this Preface with the Interpretation of some few words used in it, and one or two of them in the History. Bordarii. SEE the History, f. 206. E. they were Drudges and performed vile Services, which were reserved by the Lord, upon a poor little House and a small parcel of Lands, and might perhaps be Domestic Works, such as Grinding, Threshing, Drawing Water, cutting Wood, etc. or if they were the same with Cotarii, we shall afterward see their particular Services. See Spelman in the Word, and Due Fresne, in the Words Borda, Borderia, Bordagium, Bordelaria, a Tenure Anciently very frequent in many parts in France. Commendati, Commendatio. COmmendati were such as lived under the Protection of some Great Man, Lord or Patron, who undertook to secure their Estates and Persons, for which Protection and Security they paid him an Annual Stipend, or perfomed some Annual Service. Commendatio was the Safeguard or Protection itself, and was the same with Tutamen and Salvamentum, and many times it signified the Annual Rent, paid for such Security and Protection. See Du Fresne's Glossary in the Words: Besides the Commendati, there were Dimidii Commendati, according to the Latin of doomsday Book. In Cotetuna Tenuit Teit Commendatus Dimidius Edrico praeposito Regis, & Dimidius Commendatus Antecessori Malet, etc. Little doomsday Book, f. 322. b. This Teit in the time of King Edward had two Protectors, Edric the King's Reeve, and the Predecessor of Robert Malet, and paid half the Annual Rent for his Protection to one, and half to the other. And besides these there were Sub-Commendati, such as were Commendati under Commendati; that is, Servants under them, or such as had dependence on them, and were also under the Protection and Security of their Patrons, and Dimidii Sub-Commendati, such as in like manner were under the Dimidii Commendati, and had two Patrons or Protectors, and the same as they had. In parvo Thornham two liberi, homines, unus eorum fuit Commendatus Ulvevae, & Alter Dimidius Sub-Commendatus Antecessori Malet. Sudfolc. Little doomsday Book, f. 322. b. Clliberti, Coliberti. THese sometimes were called Conliberti, as if they had been Servants, and were manumitted. They were People of a middle State between Freemen and Servants, yet in Condition nearer to Servants. They had their Patrons to whom they paid Rend, and were manumised, as Servants used to be; they had not a full, but conditional Liberty, and were therefore sometimes called Conditionales, because obnoxious to some sort of Servility; they were much like the old Coloni, Colons' or Clowns. See more in Du Fresne upon the words. Cotarii, Cottarii, Cotmanni, Cotseti, Coscet, Coscez. ALL these words are derived from the Saxon Coat, which signifies a pitiful little House, Hole or Lurking Place, and was the same, Du Fresne says, with the French Board; and Cotagium, which was such a Coat, with a small parcel of Land to it, was the same Tenement with their Borderia or Borderie; and all those that inhabited such small Houses, and held such Tenements, under Base Services, had these various names given them, of which Services I shall say more afterwards; at this day we call these Cottagers. Sir Henry Spelman thinks the two last words Coscet and Coscez, to be derived from Coshe, an old English word that signified the same with Coat, but seeing those words are seldom found any where but in Wiltshire, I rather think them to have been mistaken by the Scribe, for Cotset, and only falsely written, he not understanding the meaning of it, which was the true old Saxon word for a Cottager. Investitura. THis Word is derived from the Verb Vestire. Bezoldus says it comes from Vest, an old Franco-Gallic word, that signifies Possession or Seisin. Discurs. polit. p. 90. From whencesoever it is derived, it signifies both to give and take Possession: For giving Possession or Seisin, anciently did not pass by bare Words, Instruments or Charts, but by some other Ceremonies or Symbols, which denoted the passing of an Estate out of the Power of one man, into the Power and Possession of another, and the same Ceremonies and Symbols were used in almost all Nations; if land passed, a Turf, or Green Clod, or Sword of Earth was laid upon the Instrument to signify the Soil passed, and a little Branch of a Tree, ramus vel fust●ca was pricked upon it, to signify the profits, and what grew upon it passed with it. The several sorts of Symbols and Ceremonies of passing away Estates, with the Forms which were very many, are to be found in the very Learned Du Fresne in this Word, where the Reader, as in all parts of his Glossary, may observe w●at had anciently nothing peculiar to England. But the Reason of my so much taking notice of this Word, is, The great confusion it made in Christendom, and the horrible Bloodshed, which followed the Contest about Investitures, between Pope Gregory the Seventh, otherwise called Hildebrand, and Henry the Fourth Emperor of Germany, or rather inter Sacerdotium & Regnum, between the Clergy and Laity. This was the Original or occasion of the Contest between King Henry the First, Archbishop Anselm, and Pope Paschal the Second; Between King Henry the Second, Thomas Becket, and Pope Alexander the Third; Between King John, Stephan Langton, and Pope Innocent the Third; Between King Henry the Third, Archbishop Boniface; Pope Alexander the Fourth, Urban the Fourth, and Clement the Fourth; or between the Clergy, and Rebellious Barons that struck in with them, and the King and his faithful Subjects. This Investiture was made, or the Possession of the Bishopric or Abbey given by the Delivery of the Pastoral Staff and Ring, to the future Bishop or Abbot by Temporal Princes; And they had always i●oyed this Right of Investiture until the Time of Pope Gregory the Seventh, called Hildebrand, who in the Sixth year of his Papacy A. D. 1078, in the Fifth Roman Council, which was called for the Restauration of Holy Church, procured this Canon to be made. Because we have been informed, That in many places Investitures of Churches have been made by Laymen contrary to the * None of these are extant. Decrees of Holy Fathers, and from thence many Disturbances have happened in the Church, to the Oppression of Christian Religion, We Decree that no Clerc shall receive the Investiture of any Bishopric, Abbey or Church, from the hand of Emperor or King, or any other Lay Person, Man or Woman; If any one shall presume to do this, let him know, such Investiture is made void by Apostolic Authority, and that he is Excommunicated, until he gives just satisfaction. Labbe. Tom. x. Col. 371, 372. Can. 2. In the seventh Council at Rome, held under this Pope A. D. 1080. Henry the Fourth was deposed from the Empire, and Rodulph made Emperor; and the seventh Canon, concerning his Deposition and Excommunication is in a high strain, and worth noting. In this Council the former Canon was confirmed with this Addition, That if afterwards any one should receive a Bishopric or Abbey from any Lay-Person, they were not to be esteemed as Bishops or Abbats, nor any obedience was to be paid to them as such, and the Grace of St. Peter, and entrance into the Church was interdicted them, until they had quitted the place they had so received. And in like manner it was Decreed, concerning inferior Ecclesiastic Dignities. Ibid. Col. 381. Can. 1. In the same Council it was also Decreed, That if any Emperor, King, Duke, Marquess, Earl, or other Secular Potentate or Person, should presume to give the Investiture of Bishoprics, or any other Ecclesiastic Dignity, he should be liable to the same sentence; and furthermore unless he repent and left the Church to its own Liberty, he should feel the Divine Vengeance in this life, as well in his Body, as in his other Affairs, that his Soul might be safe at the coming of the lord Ibid. Can. 2. Pope Urban the Second in the eighth year of his Papacy, A. D. 1095. held a Council at Clermont in France, in which it was Decreed, That no Clerc should receive any Ecclesiastic Honour from a Lay-person, Ibid. Col. 508. Can. 15. nor any King or other Princes should make Investitures of Ecclesiastic Honours, Ibid. Can. 16. Nor that any Bishop or Priest should do fealty or homage to any King or Layman. Can. 17. The same Pope in the last year of his Papacy, A. D. 1099. held a Council at Rome, about the beginning of May or latter end of April, in which he declared all Abbats Excommunicate, which for the future should presume any way to receive the Investitures of Abbeys from any Lay-hand, and forbade all Bishops to Ordain or Consecrate them, Ibid. Col. 617. Can. 17. He that will see what advantage the Clergy made of these Canons and Decrees, let him read the Ecclesiastical Story in Henry the First and Henry the Second, the life of King John and Henry the Third. And who will see the beginning and progress of this Controversy about Investitures inter Regnum & Sacerdotium, between the Secular and Ecclesiastic Government, or between the Emperor Henry the Fourth and Pope Hildebrand, otherwise Gregory the Seventh, and Pope Paschal the Second, let him see William of Malmsbury, who lived at the same time, f. 60. b. n. 10. f. 61. a. n. 30, etc. f. 93. b. n. 40. f. 94 a. b. etc. And Jurets Observations upon Ivo Carnotensis his Epistles printed at Paris 1610. p. 740. upon the 233d Epistle, and p. 744. upon the 236th Epistle. The Decrees and Canons, were the foundation of the Pope's Provisions and Donations of Bishoprics and Ecclesiastic Live afterwards in all Nations, but especially this. Libertas Ecclesiastica. THe Right of Investiture, was a main part of that which the Clergy called Church-Liberty. But by it they understood, and contended for a Freedom of their Persons, Possessions and Goods from all Secular Power and Jurisdiction, as appears by the Canons and Decrees of the Council holden by Boniface Archbishop of Canterbury at Merton. A. D. 1258. and confirmed by another holden at London A. D. 1260 or 1261. as may be seen in the Church Story in the Reign of Henry the Third. Servi. DO every where occur in doomsday Book, and no doubt but their Condition was worse than that of the Bordarii. See the First part of the Saxon History, f. 82. B. and f. 83. and the life of William the First, f. 206. F. These were of four sorts, such as sold themselves for a livelihood. Debtors that could not pay their Debts, Captives in War, or Nativi, such as were born Servants or Slaves. They wrought at any time, and did what their Lords commanded them. Their Persons, Children and Goods were the Lords, they could not marry but with those of equal Condition, they could not make their Wills, or dispose of their Goods, if they had any; whatever they got by Labour was the the Lords. These Servi perhaps were the same, which in the Ancient Surveys of Manners were afterwards called operarii, who performed all servile and incertain works. In the History of Ely, p. 210 b. in an Account of Lands and Men detained from that Monastery, which belonged to it, in the time of King Edward, etc. there is this noted amongst the rest. Willielmus filius Gorham tenet lxxxvi homines in Meltuna, Qui ita proprie sunt Abbati ut quotiescunque praeceperit praepositus, Monasterii Debeut arare, seminare, segetes purgare, Colligere vel terere, Equosque invenire in omni necessitate Monasterii ire, & omnem rei Emendationem persolvere, & si quid de suo voluerint venundare, à praeposito licentiam prius debent accipere. These were either Servi, Servants, or the lowest sort of Bordarii or Socmani. I take the Persons of Servants to have been always obnoxious to servitude. Soca, Socmanni, Socagium. SOca, Soc. generally signifies Liberty or Privilege. Fleta lib. 1. c. 47. says, Soca significat Libertatem Curiae tenentium quam socam appellamus. Soak signifies the Liberty of Tenants of a Court; And it differs from Saca, because that is a Liberty given to any one, of holding Pleas, and Trying Causes, and also of receiving the Mulcts and Forfeitures coming from them within his Soak or Jurisdiction, and comes from the Saxon Face or Germane Sack, a Cause, Controversy or Accusation: Sometime it signifies a Territory or Precinct, in which Saca or Liberty of Court or Trials are exercised. Sometimes it signifies a payment. Westfelda, etc. Huic manerio adjacent, T. R. E. xxx acr. Terrae quas tenebat presbyter in Eleemosyna, & reddebat Socham (i.e. he paid Rend) Little doomsday Book, f. 4. a. Writelan, etc. ibi Dimid. Hid. libere tenet 1 Sochman reddens Socam in Manerio. ibid. f. 5. a. Wirecestrescire, Terra Episcopi, Hund. Owldestan, Episcopus habet omnes Redditiones Socharum, etc. Ad manerium Alvertune, pertinet Soca harum Terrarum, Newhuse, Westhuse, Mannebi, Werlegesbi; And nineteen other Farms, Berwites or small Villages: And then it follows, Inter totum sunt ad Geldum quater Viginti & quinque Carucat. quas possunt arare xlv Caruc. ibi fuerunt 116. Sochmani modo Wastum est. The Soak of these Lands belongs to the Manner of Alvertun, etc. in them all there was fourscore and five Carucates which paid Rend, which forty five Ploughs might Till. There were one hundred and sixteen Socmans, now the Manner is waste, Great doomsday, f. 299. a. Col. Here Soca signified a Rent for using their Land, with some Privilege or Liberty. In the Description of many Towns, at the later End, Rex & Comes de Toto habent Socam or Soca Regis, & Comitis, The King had two parts, and the Earl one of the Annual Rent, for liberty of using the Land. Sudfulc. f. 322. b. In Limberge Clamat Ivo Tallebosc super Regem vi Bovat. Terrae, Dicunt homines Comitatus, quod ipse debet habere terram & Rex Socam. In Limberge Ivo Tallebosc claims upon the King six Bovates of Land, the men of the County say he ought to have the Land, and the King the Soak * At the latter end of great doomsday Book. Clamores in Nortreding Lincoliae. Super Drogonem Clamat Norman de Adreci tres bovatas Terrae In Normanbi dicit Wapentachium, quod ipsius debet esse Terra, & Drogonis Soca. Ibid. in Westtredinge. In both these places, here was the Land, and the Liberty of the Land, that it might be used without too strict Impositions, and hard services upon it, and for this Protection of it, there was an Annual Rent paid, which was called the Soak. In Ristuna iii liberi homines vi acr. val. xuj d. In his non habuit Baignardus nisi Commendationem, & Sanctus Benedictus Socam Invasiones in Nordfulc. Rogerus Bigot tenet in Plicham x liberos homines de lxxx acr. etc. the his habuit suus Antecessor Commendationem tantum, & Stigandus super unum Socam, & Commendationem, & super alios Socam. Ibid. Hund. & Dimid. de Fredebruge. In Grestuna iv liberi homines xxvi acr. Quod tenet idem Rogerus de Rege, & val. iv Sol. & in hoc non habuit Antecessor Rogeri nisi Commendationem, Rex & Comes Socam. Ibid. Hundred de Wanelunt. In Dersincham. 1 lib. homo xii acr. val. xii d. hoc tenet Petrus Valoniensis, de hoc habuit suus Antecessor Commendationem tantum & Stigandus Socam. Ibid. Here I confess I am in the dark, for 'tis clear, Commendation and Soak are too different things, referred to the same thing, and yet they both signify Privilege and Protection, for which those that received them paid an Annual Stipend or Rent. Stanford Burgum Regis, etc. In his Custodiis, etc. sunt lxxvii mansiones Sochemanor. qui habent Terras suas in Dominio, & qui petunt Dominos ubi volunt. Super quos Rex nihil habet, nisi Emendationem forisfacturae eorum, et heriet et Theloneum, etc. Lincoln. f. 336. b. Col. 2. Stanford the King's Burgh, in the Wards there are 77 Dwellings for Sochmans', who have their Lands in Demeasn, or in their own Power, and may choose any Lord or Patron where they will. Upon whom the King hath nothing, but the pecuniary punishment of their faults, Heriots and Tol. Eiam Tenuit Edricus, etc. huic Manerio pertinent xlviii Socmanni cxxi acr. Terrae ex his Socmannis xxvii in Dominio, etc. These Socmen were fixed to the Soyl. Sudfulc. f. 319. b. Sochmanni de Residene, et Irencestre, et Rand fuerunt homines Burred et iccirco G▪ Episcopus Clamat hominationem eorum. Northantshire Terra Willielmi Peurel. This William was the great Possessor in these Towns; And Burred the Saxon before the Conquest was Patron or Lord of the Socmans in them Towns, and Geoffrey Bishop of Constance had his Land and Title after the Conquest. In Bertone tenet Willielmus de Cahanges two Hid. hanc Terram tenuerunt quatuor Sochmani homines Wallef Comitis, horum Duo Tenuere 1 Hid. & two Virgat. & Dimid. sed recedere sine licentia ejus non potuerunt alii vero duo dare & vendere Terram suam potuerunt, Domesd. f. 201. b. Col. 2. here are different Conditions of Socmen, Quaere, whether the free use of the Land, might not be the Commendatio, and Liberty to sell the Land, and recede, might not be the Soak meant in in the other places, as contra-distinct to Commendation. I find in the History of the Church of Ely, in the hands of the Learned Doctor Gale, p. 210 b. these passages in a Catalogue of the Lands detained from the Monastery of Ely▪ which belonged to it in the time of King Edward, and the names of those that detained them. Walterus miles Hugonis de Monteforti ten. Terram duarum Carucarum in Maraham. Walter the Knight of Hugh Montfort possesseth two Carucates of the Demesnes of the Monastery in Maraham. Willielmus de Warenna tenet 45 Socamans in Feltewella, qui quoties Abbas praecepit in Anno arabunt suam Terram, Colligent, & purgabunt segetes, adducent & mittent in Horrea, portabunt victum Monachorum ad Monasterium, & quoties eorum equos voluerit, & ubicunque sibi placuerit toties habebit. Et ubicunque forisfecerit, Abbas foris facturam habebit, & de illis similiter qui in eorum Terra forisfecerit; That is, William de Warenna holds 45 Socmans in Feltewell, who as often as the Abbot Commanded, Ploughed his Land, and were to weed and bind his Corn, to carry it into the Barn, to carry the Monk's Victuals to the Monastery, and as often as he would, and whither he pleased, he had their Horses; and wheresoever they forfeited (that is, were liable to a penal Mulct) he had the forfeiture, and of those that forfeited upon their Lands. Supradictus Walterus, & cum eo Durandus Homines Hugonis de Montif●rti tenent 26 Socamanos supradictae consuetudinis in Maraham. The abovesaid Walter, and with him Durand (another Knight) The Men of Hugh Montfort held twenty six Socmans in Maraham of the foresaid Custom. In doomsday Book the Entry of the last Clause is thus: Nordfulc, Terra S. Aldred in Clachelose Hund. & Dimid. In Maraham Tenuit S. Aldred, etc. Huic Manerio adjacebant T. R. E. xxvii Socheman. cum omni Consuetudine; sed postquam Rex Willielmus advenit, habuit eos Hugo de Monteforti, praeter unum. What some Socmen were near two hundred year after the making of the Survey, we may see from the Book of the Survey of the Priory of Spalding in Lincolnshire. fol. 7. a. Haec sunt servitia & Consuetudines Sokemanorum Prioratus de Spalding, Recognita in Comitatu Lincolinensi. Debent in quadragesima per tres Dies arare si Caucas junctas habeant, & accipere semen ad orreum Prioris, & ad terram portare, & illud seminare, & cum equis suis Herciare proprio cibo suo. Debent tres praecarias in Autumno, cum falcibus suis cibo Domini. Item debent tres Carectas de Ros, & tres de binding, Karetandas, in curiam Domini cibo Domini. Item, si habuerint quinque Porcos superannatos, debent eligere primum ad opus suum, & Dominus Eliget secundum, & ita erit de omnibus quinque, Quoquot fuerit, excepta Sue Matrice. Si habeant Porcum superannatum & non habent quinque de quolibet habebit unum Denarium, & de Porco qui non est superannatus unum obolum. Item, debent Auxilium Domino suo semel in Anno, Salvo Gainagio suo. Item, debent Ire apud Beltisford cum equis suis, & Saccis, & Brocha, & ducere Bladum usque ad Granarium Spaldinge, suis proprii expensis. Item, debent pro Astro suo annuatim seven Denarios. Item, debent de qualibet Caruca sua juncta inter Purificationem Beatae Mariae et Festum Sancti Butolphi two s. iv d. Item, non possunt Terram dare nec vendere visi licentia Domini Prioris. Item, non possunt placitare per Breve Domini Regis de Sokagio nisi licentia Domini Prioris. Item, non possunt Pullum suum Masculum natum de Equa sua vendere nisi per licentiam Domini Prioris. Item, debent alleviare filias suas. Nomina eorum quorum huic scripto sigilla apposita sunt. Sigillum Domini Willielmi de Albeny, & Domini Galfridi de Sancesmare, & Domini Walteri de Coventre, et Domini Johannis Bonet tunc Vicecomitis Lincol. et Domini Alexandri de Poynton, et Domini Willielmi de Welle. This Recognition was made in the County Court of Lincoln in the time John Prior of Spaldinge; who was Elected in the year 1252. and died 1273. as appears by the same Book speaking of him, Convicit etiam Sokemanos suos de Pynchebeck, Weston & Multon, suos esse Rusticos, qui ei Debita Servitia sua et Consuetudines denegabant, in Libertatem proclamantes, per Sacramentum Duodecim Militum Die Tertia ante festum Sancti Gregorii Papae apud Lincoln. Ibid. fol. o. a. These are the Services and Customs of the Sokemen of the Priory of Spalding, found by Inquest or Jury in the County Court of Lincoln, they ought to Plough three days in Lent, if they had Ploughs and Horses; To take Seed at the Prior's Barn, to carry it to the Land, to Sow it, and Harrow it, finding themselves Victuals; they ought to labour at the three Reaping Days in Harvest, upon the summons of the Lord, he finding them Victuals. Also, they ought to carry three Loads of Thatch, and three Loads of Binding, to the Lords Court, he finding them Victuals; Also, if they had five Hogs above a year old, they might choose the first to their own use, and the Lord the second, and so it should be of every five, the old Sow excepted; if they had Hogs above a year old, and not five, the Lord was to have of every one a penny, and of every one under a year old, an halfpenny. Also, they ought an Aid once in a year to their Lord, saving their Livelihood or Employment in Husbandry. Also, they ought to go to Beltisford, with their Horses, Sacks and Packing Needle, to carry Corn to the Granary of Spalding, at their own Expenses. Also, they ought to pay yearly for their Residence upon the Manner, seven pence. Also, they ought to pay for every Yoked Plough that was furnished with Horses or Oxen, between Candlemass and the Feast of Saint Buttolph, two shillings and four pence. Also, they could not sell or give their Land without Licence, from the Lord Prior. Also, they could not plead or maintain a Title by the King's Writ concerning their Soccage, unless by his Licence. Also, they cannot sell any Horse Colt, which came of their own Mares, without the same Licence. Also, they ought to compound with, or give a Fine to the Lord for Liberty, for their Daughters to Marry. The Names of those who put their Seals to this Writing, the Seal of Sir William de Albeny, of Sir Geofry de Sancesmare, Sir Walter de Coventre, Sir John Bonnet, than Sheriff of Lincolnshire, Sir Alexander de Pointon, and Sir William de Welle. These were undoubtedly some of the twelve Knights, by whom the Recognition was made, of the Services of the Socmen in the County Court, when they denied them, and would have asserted themselves free from them. Villani. VIllanus and Rusticus were almost the same in old Authors, so called because they lived in small places in the Country, and manured the Lands there, and because they were employed by Lords of Manners in sordid and slavish Works; the Word was also used for sordid and slavish People, and such were most commonly meant by it. See the History, fol. 206. F. The Socmen, Bordars and Servants, the Names, I mean, were not so usual within a Century or two after the Conquest; And instead of them, were more frequently used the words, Consuetudinarii, and Censuarii, such as paid Rent, and performed Works and Services, Cotarii, who held poor Houses and some small parcels of Lands, by small Rents and few Works, but generally more Servile. Sometimes by Services only without Rent, and Coterelli (that is, small Cotars or Cotagers) by the same, though fewer Services and Payments, in Rent, Hens, Eggs, Fowl, etc. and Tofmanni, very little different, from the Cotars or Coterelli in Tenure and Services, for a Toftman (notwithstanding the common Notion of a Toft, being a decayed Tenement or House) was one that possessed a very small House, and an Acre or half an Acre, or some small parcel of Ground, by the same Services with Cotars, or very little different from; And lastly, Operarii, whose Works were always uncertain, and were poor miserable Labourers that wrought at all times and seasons, and did all manner of Works at the command of their Lords, and to their only Benefit, and these undoubtedly were such as in doomsday Book are said to be Servi, in respect of whom, all such Customary Tenants, Cotagers, Villains, Bondmen or Nativi, that performed certain Works, might be called privileged persons or Socmen. All these Men were not exactly of the same condition, though of the same Denomination, for many times Freemen performed Servile Works in respect of their Tenure, though their Persons were Free, and ofttimes any of the others performed certain or uncertain Works at the Command of their Lords, and according to the first Stipulation or Charge upon their Persons or Lands; except those that were really Customary Tenants; and I am apt to think that in Process of Time, all these Names began to be Confounded and Promiscuously used one for another. I have by me an old and very exact Survey or Extent of all the Manners belonging to the Bishopric of Ely, made about the middle of the Reign of King Henry the Third, where in every Town all these persons are described and distinguished one from another, both by the Quality and Quantity of their Works, but by the Quantity most frequently. By the Statute entitled, Extenta Manerii, in the fourth of Edward the First, all these Servile People of so many different Names pass under two only, that is of Customary Tenants and Cottagers, in which all the others were then comprehended. In the same Book the liberè Tenentes, those in Military Service and Soccagers in several Towns are described under the same Title: but most commonly, the ordinary liberè Tenentes (which were very few) are clogged with Works, and seem to differ not much from the Customary and Censuary Tenants, when united in one Tenure, consisting in part Rend, part Services, that were customary and certain; many times Works were changed into Rent, as also were some part of the Lands holden in Military Service, and in this old Extent they are called, Novi Feoffati, and these, and such as these who since the Dissolution of Monasteries, (which were endowed with a third part of the Lands of the Nation) purchased some small parcels of Land holden in free Soccage, make at this day the Bulk of the Freeholders. For until by experience the conveniency of changing of Works into Rents was approved, and until the Military Men had Power by Magna Charta, C. 32. and Stat. 18th of Edward the First, to alien their Lands, leaving sufficient to perform the Service; there were but few Freeholders' in our now common understanding of them; nor had they then by being Free in their Persons, and from base Services or Works, any Interest or real Power, or the least share in Transacting Public Affairs, or were any ways concerned in them, but were Free only from Villeinage and Servitude, and were Sui Jurii, at their own disposing, so far only as like Villains and Bondmen, they were not under the Power and absolute Command of other men; that is, their persons were free, and they might dispose of what they had, without let or hindrance of their Lords, of whom they held their Lands. ERRATA. FOl. 5. lin. 16. deal ae. f. 14. l. penult. r. brigants. f. 18. l. ult. r. Claudius. f. 27. l. ult in note, r. Vrbicus. f. 35. l. 1. r. Ariminum. f. 37. in the notes change y for u, and u for y. f. 38. instead of z in the notes, there ought have been *. f. 42. l. 12. r. Turnacensium. Ibid. in note, l. 8. r. Loir. f. 44. in note, r. Tigrisienses. f. 60. l. 5. r. Gemblacensi●. f. 70. l. 20. r. Allodium. f. 71. F. l. 45. r. vivus. f. 78. l. 23. r. or. f. 82. in note o, r. Munumitted. f. 84. l. penult. r. Priests. f. 126. in note q, r. Giraldus. f. 132. l. 13. r. matter. f. 134. l. 21. r. Algar. f. 142. in note ●, r. Ferrariis. f. 153. in note. l. 1. r. Seon. Ibid. l. 5. r. Writ. f. 158. in note e l. 7. r. 1. Johannis. In eadem l. after Castle insert and. Ibid. l. 10. r. 7. Johannis. f. 170. l. 8. r. Another. f. 176. l. 8. r. Wauz. f. 188. l. penult. r. Tosti. f. 189. l. 20. r. Daubin. f. 191. l. 42. r. Praefectures. Ibid. note, l. 5. r. Sa●rapa. f. 205. in marg. against the figure 6. r. Doctorem. f. 207. l. penult, r. three. f. 213. l. 34. r. fifth▪ f. 248. l. 43. r. Mauley. f. 255. in note k▪ r. Oppidani. f. 301. in marg. A. r. Blaye. Ibid. in marg. C. r. Serres. f. 307. l. 3. r. Britan's. f. 314. l. 15. deal against it. f. 318. l. 17. r. Ans●betil. f. 348. l. 43. insert Wireliacum. f. 384. l. 29. deal Smade. f. 466. l. 16. r. Consilio Reg●i. f. 477. l. 21. after upon insert him. f. 514. l. 2. after Castle insert of Cambridge. f. 524. l. 15. r. Servientes. f. 549. l. 20. r. arrived. f. 575. l. 42. r. Herald f. 592. l. antepenult, r. what. f. 613. l. 21. after would▪ r. not take effect. f. 627. r. Esparnier. f. 646. l. 16. after not said, deal who. A Catalogue of the Authors used in this History, with an account what they were, when they wrote, and where to be found. JVlii Caesaris Commentaria. Lugduni Bata●orum, 1651. Historiae Augustae Scriptores Sex. Lug. Bat. 1661. Lipsius' his Tacitus Antverpiae 1648. Tacitus [1] Cluve●. lib. 1. Antiq. German. fol. 3. & 88 he was Procurator Belgii. was Equestris Ordinis amongst the Romans, and employed in many public Offices in the Empire: He wrote his Book de Moribus Germanorum 100 years after Christ's Birth, and about 130 years after Caesar wrote his Commentaries. Suetonius per Schildium. Lugd. 1656. Herodian Printed by stephan's 1581. He flourished about the year of Christ 224, in the time of Alexander Severus the Roman Emperor. Amianus Marcellinus, [2] Am. Marcel. Histor. in fine. Testimon. ante Histor. impress Lugd. 1591. he was a Greek, and a Soldier in the Roman Army under Constantinus and Julian in Gallia and Germany, a constant Companion of Vrsicinus in the Wars of Europe and Asia: He wrote thirty one Books of History, and began with Nerva where Tacitus left off, whom he strove to imitate. Of which the thirteen first Books are lost, the other eighteen remain, beginning in the eighteenth year of the Empire of Constantius Son of Constantine the Great, Anno Domini 354. and ending [3] Chronol. Marcell. in fine Historiae. with the Death of the Emperor Valens, Anno Domini 378, and of his Empire the fourth. Eutropius [4] Eutrop. ib. 10. de se. was a Greek, and Contemporary to Marcellinus, and a Soldier under Julian the Emperor, and was with [5] Vineti Epistola ante Eutrop. Basil. 1554. him in his expedition against the Parthians, Anno Domini 363; and wrote his breviary [6] Testimon. ante Marcell. Lugd. 1591. of the Roman History, at the Command of Valons the Emperor, unto his Time. Cassiodorus was [7] Trithem. p. 94. Senator of Ravenna, Consul of Rome and Chancellor to Theoderic King of Italy, afterwards leaving the world was made a Monk and Abbot of a Monastery in Ravenna; he was born Anno Domini 480. and died Anno Domini 575. Amongst other thing he wrote in twelve Books various forms of Epistles and Creations of Magistrates, and other things according to the use of those times he lived in. Gregory Bishop of Tours [8] Histor. Frank. Vet. by Marquard Fre●er Hano. A. D. 1613. flourished in the time of Maurice the Emperor about the year of our Lord 600. and wrote ten Books of History besides other things. In the beginning of Corpus. Beda [9] Trithem. p. 107.108. a Benedictin Monk of Wiremuth, he wrote very many Books and Treatises, amongst the rest the Ecclesiastical History of England; he died Anno Domini 732. according to Pitsius [1] Pitous p. 119. 734. aged Seventy two years. Alcwin [2] Helvic. A. D. 780. fol. 114. a Domestic in the Family of Charlemaign, his great Familiar, and as some say Preceptor to him, by whose advice he founded the University of Paris A. D. 791. or 792. according to Isaac-son: He was Bedes Scholar. A Ms Book in Caius Coll. Library says he wrote Charl●m●igns life, and only such things as he saw, and was present at, as he says in his Prologue. Eginhartus [3] Vid. Tit. istius libri. & Adven● in. Histor. Bojo. f. 181. Chancellor or Secretary to Charlemaign wrote four Books of his life Printed in Quarto at Lipsig, without date, and in Fol. amongst the Veteres Scriptores German. Hanoviae 1619. This is the same Book that bears the name of Alcwin, and these might be divers names of the same person; for Eignhart weary of the world [4] The lives of the Authors in the 1st. Vol. of old Germ. Writers. built a Monastery at Selingstat in the Dioecese of Ments, and was the first Abbot of it, whence he might take upon him the name of Alcwin; he was living after Charles the Great in the Reign of Ludovicus pius. Aimonius [5] In Aimonius his Epistle Dedicatory. wrote four Books de Gestis Francorum. of the Acts of the French, and drew down his History to Pippin, Father of Charles the Great. The whole fifth Book and part of the fourth, though they bear his name, were wrote by others: He lived about the year 872, and upwards. Adelmii or Ademarii [6] At the beginning of Corpus Hist. Fran. Printed at Franckfort 1577. a Benedictin Monk, a Contemporary to, or one that lived not long after Aimonius; He wrote the Annals of Pippin, Charles the Great, and Ludovicus Pius Kings of France: Others think they were wrote by Acwin an English Deacon, a Domestic of Ludovicus Pius, and Praeceptor to Charlemaign. Wilichind a Monk of the Abbey of Corbey, a Germane, wrote from the beginning of the Saxons to the Death of Otho the first Emperor of Germany, Anno Domini 973. Corbey Abbey was built by [7] Sigebert de vita Witich. Theodoric de Neim f. 803. B. Charlemaign in the Circle of Westphaly near the Weser; and the Abbot thereof [8] Mercator in Circulo Westphalic. Trithem▪ p. 130. is one of the Ecclesiastic State or order of that Circle. Dudo Dean of St. Quintin's in Picardy; He [9] In Praefat. Hist. Script. Norman. wrote the Lives of the three first Norman Dukes or Earls, Rollo, William the First his Son, and Richard the First, Williams Grandchild: He lived in the time of Richard the First, who [1] In the Hist. f. 158. B. died in the year 1002, and began his History at his Command, and finished it after his Death by order of Richard the Second his Son. Wippo was Capellane [2] De seipso in Praefat. in Vit. Conradi. etc. to Conradus Salicus, who was chosen Emperor Anno Domini 1024. and wrote his life, and such things only as he saw and heard from very credible persons, amongst the Germane Historians; put out by Pistorius, and printed at Frankfurt 1607. Gulielmus [3] Gemet. lib. 7. c. 44. Pictaviensis wrote the Acts of William the Second Duke of Normandy, and King of England, commonly called the Conqueror; he was first a Soldier, [4] Order. Vit. f. 503. D. f. 504. A. afterwards a Priest, and a long time Chaplain to William, and Archdeacon of Lisieux; he wrote such things as he saw and was present at, but ended [5] Ib. f. 521. C. his History in the year 1070. Ingulphus [6] Hist. Croyland f. 513. b. n. 40. ib. f. 514. lin. 3. Abbot of Croyland, sometime Secretary to William the Conqueror when Duke of Normandy, whose Father also had born Office in the Court of Edward the Confessor: He wrote the History of Crowland Abbey; [7] Ib. f. 518. b. 11.20. and as they fell in many other matters, he Translated many Charters and Chirographs out of Saxon, into the Latin of those times, wherein he renders many Saxon words and things, by the legal phrase and Dialect of the Normans. He was installed [8] Ib. f. a. 515. lin. 8. Abbot 1076. and wrote some part of his History at least after the Survey finished, for he [9] Ib. f. b. 516. n. 10. took a Copy of the Lands belonging to Croyland Abbey out of it. Gulielmus Gemeticensis [1] Order. Vit. Prologue. li. 3. f. 458. A. a Monk of Gemeticum, now Jumegies a Monastery in Normandy, abbreviated Dudo, and wrote the Acts of the succeeding Dukes, and [2] The Epistle to Duke William f. 215. A. B. Dedicated his work to William the Conqueror. The Acts of Henry the First imputed to him were probably wrote by some other. Sigebertus' [3] Rob. de Monte A. 1113. Gemblacensis, a French man born, and Benedictine Monk of Gemblours in Brabant, he wrote a Chronography from the year 381 to the year 1112, in which he died, it being continued by Robert [4] Trithem. p. 150. de Monte to the year 1210. Paul the Deacon or Warnefrid a Monk of Cassino (now St. Germano) in the Kingdom of Naples, by Nation an Italian, or Lombard, [5] Sigebert de Script. Ecclesiast. c. 80. for his Learning was called into the service of the Emperor Charles the Great. Florentius [6] Bal. de Script. Ang. Cent. 2. c. 66. Bavonius a Monk of Worcester wrote a general History from Adam unto the year 1118, which was continued unto the year 1141 by another Monk of the same Monastery, and died 1119. 19ᵒ. Hen. 1mi. Eadmerus [7] Selden praefat. ad Eadm. f. 1ST ex Pits. Aetate 12.199. Surnamed Canter or Chanter, born in England, a Monk of Canturbury of the Order of St. Benedict, afterwards Abbot of St. Alban, and lastly Bishop of St. Andrews in Scotland, was a great friend and intimate of Anselms Archbishop of Canturbury, a companion with him in his Exile, and privy to all his Counsels and actions; he was [8] Simon Dunelm. 1121. made Bishop of St. Andrews 1121 in the 21st year of the Reign of Hen. 1st. and was a Monk of Canturbury in the Conqueror's time, being in the company and presence of Archbishop Lanfranc when he received the first news of William's Death, as he testifies of himself, f. 3. lin. 42. Ordericus Vitalis a Monk [9] F. 548. A. 824. A. B. etc. of Vticum, or the Monastery of St. Ebrulf, now St. Eurole in Normandy, born in England Anno Domini 1075. and lived 67 years: At [1] Praefat. ad Script. Norm. eleven years old was entered into that Monastery A. D. 1086. and there lived 56 years, his History is chief Ecclesiastic, but intermixed with much secular Story, and continued unto the year of our Lord 1121. He died An. Dom. 1142. Simon [2] Selden in Pr●fat. ad▪ Script. X. Antiqu. Dunelmensis ended his History Anno Domini 1130. in the 30 th'. year of Hen. the 1st. and Died not long after; he was a Monk and Precentor of that Church of Duresm, and a Learned Man in that Age, but transcribed much out of Florentius of Worcester. The Continuer of Florence [3] By his own testimony f. 672. in fine. a Monk of the same Monastery, who continued his History from the year 1117, to the year 1142, he lived and wrote in the time of King Stephen. William a Benedictine Monk of Malmesbury, Dedicated his History to Robert Duke of Gloucester, Natural Son to Henry the First, who began to Reign Anno Domini 1100, and died 1135, he wrote unto the year 1144, as appears in his [4] Toward the later end. Novels he wrote from the first coming in of the Saxons to his own time. Henry Archdeacon [5] Balaeus f. 192. of Huntingdon wrote a History of the Kings of England, and retired to Rome and lived there some time for that purpose: He was in his time accounted a Learned Man, and continued his History unto the year 1154; he flourished in the Reigns of Henry the First and King Stephen, After whose Death he only mentions the coming in of Hen. 2 d. and so ends his History. and took much of his History, and Transcribed in many places Florence of Worcester verbatim. Roger de Hoveden [6] Selden in Praesat. X. script. antiq. He was one of the King's Domestic Clercs▪ Ben. Abb. p. 60. b. in fine. was a Priest in Oxford and a Domestic in the Court of Henry the Second; in many or most things he followed and transcribed Simeon Dunelmensis, and added many things out of other Authors, and wrote well and faithfully; he wrote the Annals and memorable passages of the Romans, Saxons, Danes, Normans and English to his own time. Quadrilogus or the Author of the Book Entitled, [7] In the Prologue. de Vita & processu Sancti Thomae Cantuariensis & Martyris Super libertate Ecclesiastica, Collected it out of four Historians who were Contemporaries and conversant with him in his height of Glory and lowest Depression, viz. Herbet de Hoscham, Johannes Carnotensis, William a Monk of Canturbury, and Alan Prior of Tewksbury, and they are brought in or named as Relators of matter of Fact interchangeably. Printed at Paris by Master John Philippi an Alman, in the Street of Saint James, In fine istius libri. at the Sign of St. Barbara, Anno Domini 1495, on the second of April. The Pages are not numbered, nor but few of the Chapters. Gervase the Monk of Canturbury commends his Readers to three of these in his Relation of the Acts of this Thomas Col. 1637. n. 40. for their further satisfaction, viz. to Herbert, John and William, and in the Acts of the Council of Clarendon, and Northampton in Labb. Tom. 10. Col. 1425. 1433. etc. and others. This Book is much used by the Name of Quadripartita Historia. Ranulphus de Glanvill [8] Sub effigy Claud. D. 2. Chief Justice of England in the time of Henry the Second, wrote the l●gibus & Consuetudinibus Angliae. These in a Ms. Book in Cottons Library are Entitled Henry the Seconds Laws. [9] Hoved. f. 390. b.n. 20. He went with Richard the First into the Holy-Land, and Died at the Siege of Acon A. D. 1190. Fitz-Stephen, or Gulielmus Stephanides, [1] Pitsius A D. 1190. This was written by Johannes Carnotensis. were bo●h one person and the very same with Gulielmus Cantuariensis the Monk of Canturbury above mentioned; He lived in the year 1190: In the beginning of Richard the First, his Book hath this Title, Vita Sancti Thome Archiepiscopi & Martyris Cantuariensis Ecclesiae, and is to be found in Cotions Library, under the Effigies of Julius A. XI. Amongst other small pieces. p. 113. the life of Thomas that goes under the name of Fitz-Stephen, seems to have been wrote by John Carnotensis; for in the Quadripart History, what is wrote from him is often in the same words in that life attributed to Fitz-Stephen, and never in William of Canturbury. Gul. Neubrig. [2] Bellarmin de script. Ecclesiast. p. 330. was born A. D. 1135. and continued his History to A. D. 1197. 8 o. Ric. 1. Gervasius Dorobernensis [3] Selden Praefat. ad Authores 10. f. 13. a Benedictine Monk of Canturbury, he was living in the time of King John, Anno 1200, and reputed a very good Historiographer, having Collected a great many Historians from whom he wrote British, Saxon, and Norman Story. He was made a Monk by Thomas Becket and ordained. For speaking [4] Chron. Gervas'. Col. 1418. n. 10. of the Death of Thomas, and his own respect to him, he saith thus, Mihi namque Monachatum concessit, eo Anno quo ipse fuit in Archiepiscopum Sacratus, & ei professionem feci, & ipse me ad Sacros Ordines promovit. Benedictus Abbas was Abbot [5] Pitsius in A. 1200. Gesta Hen. 2di. In Bibliotheca Cotton. Jul. A. XI. of Peterburgh; he wrote the Acts of Henry the second, and the life of Thomas Becket Archbishop of Canturbury, and flourished in the year 1200, he began his History Anno Domini 1170. 16. Hen. 2 di. Gervasius [6] Balaeus in Genturia ●tia. de Gervasio Tilb. Tilburiensis, or the supposed Author of the Red and Black Books in the Exchequer, (de necessariis Scaccarii observandis) Dedicated to Henry the Second, had his Name from Tilbury a known Town in Essex, Seated upon, or near the Thames, Nephew of Hen. 2 d. and received much of his knowledge of the Chequer affairs from the Information [7] Vide ipsum lib. Ms. in Bibliotheca Caio-Gonvil. Cantab. f. 41. a. of Henry Bishop of Whinchester, who was Son to Stephen Earl of Bloys, by Adela one of the Conqueror's Daughters, Nephew to Henry the First, who gave him the Bishopric; and Brother to King Stephen. This [8] Balaus ib. Gervasius was living in the time of King John 1210. He lived in Hen. First his time, ib. 26. b. and had much of his knowledge of the Chequer from Roger Bishop of Salisbury, ib. f. 27. b. and Nigell Bishop of Ely, fol. 38. a. b. whose business he Transacted when infirm. Radulphus de Diceto [9] Pitsae●s in that year p. 282. Dean of St. Paul's London, flourished about the year 1210, he was accounted an excellent Historian, and a very diligent Collector in his Time. Sylvester Giraldus Cambrensis, [1] Pitsius A. D. 1210. a Welshman of the Illustrious Family of Barry, as he says of himself, lib. 1. c. 41. He was first Archdeacon of Brecknok, then of Saint david's, and afterwards Archbishop of Saint david's; he [2] Hanmers' Chronicle of Ireland, f. 168. was many years a Student beyond Sea, from whence Hen. 2 d. called him home, made him his Secretary and Tutor or Governor to his Son John, and sent him with him into Ireland. See lib. 2. c. 31. Amongst very many other works he wrote the Topography or local Description of Ireland. ib. and the Conquest of it by the English; and wrote what he knew and saw, as he testifies of himself, f. 808. lin. 6. He died at St. David's about the year 1210, and was there Buried. He is to be found amongst the Ancient Writers of English, Norman, Irish and Welsh Matters, put out by Camden in one Volume, Printed at Franckfort, A. D. 1603 In the Proem of his second Edition to St. John f. 811. n. 40. he says he wrote when he was with him in Ireland, clearly and distinctly what had been done by all the great Leaders, and persons until they left the Nation. Henry de Bracton [3] Origin. Jurisd. 10.56. in the Epistle to the Reader. a Justice Itinerant 29 Hen. 3 d. A. D. 1245. skilled also in the Civil Law of the Romans, wrote this Book toward the latter end of Hen. 3 d. of the Laws and Customs of England, according to the Method of Justinians Institutions; he also lived and was a Judge in Edw. 1st. his time. A Survey of All the Manners belonging to the Bishopric of Ely, made in the 32 d. of King Henry 3 d. A. D. 1248. Chronica Normanniae [4] Scriptor. Norman. f. 977. containing many things referring to the English and French, from the year of Christ 1139, to the year 1259, out of an old Book in the Library of the Canons Regular of St. Victor in Paris. Published amongst the old Norman Writers by Andrew du Chesn. Robert de Monte. Printed at Paris 1619. The Matter and words of this Chronicle unto the year 1161, are taken out of Robert de Monte, who was Abbot of the Abbey de Monte Michaelis in periculo Maris, of Mount Michael upon the Seashore in the further part of Normandy next Britain; he was esteemed a Learned Man, and lived in the time of King Hen. 2 d. He continued Sigebertus Gemblacensis. Matthew Paris [5] See the Testimonies of him before the Edition at London 1640. a Monk of St. Alban, was Historiographer to Hen. 3 d. and received an Annual Stipend from him. He died in the year 1259, and 43 d. of that King; he was continued to the end of that Reign (as is supposed) by William Rishanger, another Monk of that Abbey, who was also the King's Historiographer, and received his Stipend. Ibid. Paris mostly in the beginning of his History, Transcribed Roger Mendover his Predecessor, Historian also to the King, and a Monk of the same Monastery: He wrote to the year 1225, and 20 th' of Hen. 3 d. John de Bretton [6] Pat. 53. H. 3. M. 2. one of the Justices of the Kings-Bench in the 53 d. of Hen. 3 d. wrote a Book in Law French of the Common Law of England, called Breton, at the Command of Edward the First, [7] Selden Dissert. in Fletam p. 461.462. who had a purpose to make Law certain, and to be put in writing, and therefore caused Books to be made by the Judges and others most knowing Men in the Law, whereof this was one. Selden [8] Ib. p. 457.458, 459. affirms Bracton and Bretton to be the same person, whose Name was Diversely written, and to be the Author of both the Books, that in Latin and the other in French. Johannes Brompton Abbot [9] Selden in Praefat. ad Scriptor. 10. fol. 39.41. of Jorvaulx in Richmondshire, or the Anonymus History that passeth under his Name, and was only a History procured by him, and reserved in the Library of that Monastery; was wrote about or after the beginning of the Reign of Edward 3 d. and hath taken many things out of Hoveden. Pitsius says he was a Cistertian Monk, but when he lived, knows not. Bale doth not mention him. Flatsbury often cited by Campion, Camden, Stanihurst and Dr. Hanmer, in what they have written about the Irish Affairs. This name was given by [1] Campions' History of Ireland f. 68 Campion to certain short Chronological Notes taken up by an unknown Author, from the time Cambrensis endeth, unto the year of our Lord 1370. See Campions Epistle to the Reader before his History of Ireland, Dated at Droghedah, June the 9 1571. He gave them this Name, because [2] Ib. & f. 77. one Philip Flatsbury Transcribed them, and added Collections of his own, for the use of Girald, the Father of the then Earl of Kildare. A. D. 1517. Ranulphus [3] Selden in Praefat. f. 47. Cestrensis had the Reputation of an industrious and diligent Writer by our Ancestors, Especially Leland: He lived in the Reign of Edward 3 d. He wrote from the beginning of things, and brought down his History to the end of his Reign 1377, or perhaps only to the year 1344, as Mr. Selden observes. Henricus de Knighton [4] Selden Praefat. to X. Authors f. 47. Pitsius A. D. 1380. Canon of the Abbey at Leicester, lived in the time of Richard 2 d. and brought down his History unto the year 1395. Theodorick [5] The Author of himself f. 787. B. de Neim, Literarum Apostolicarum Scriptor to Pope John 23 d. he wrote Privilegia & Jura Imperii, and the Right of Electing the Pope, and Investiture of Bishops by the Emperors, and Roman Kings. Printed at Basil Anno Domini 1566, in Caius Coll. Library. In the same Volumn are Johannes Parisiensis de Potestate Regia, & Papali; & Marsilius Patavinus de translatione Imperii, with other small Tracts. Walsingham [6] Pits. A.D. 1440. lived in the time of Henry 6 th'. was his Historian, and a Monk of St. Alban. Matthew a Monk of [7] Pitsius in the year 1377. Westminster-Abby, called Florilegus, for his judicious collecting the Chief Matters out of several Historians that wrote before him; Especially Mat. Paris: He ends his History with the Death of Henry 3d. A. D. 1377, and lived not long after him. John Abbot [8] De seipo in lib. de Scriptor. Ecclesiast. pa. 402. of the Monastery of St. Martin, the Bishop of Spanheim of the order of St. Bennet in the Dioecese of Ments, a Germane, born at a Town called Trittenheim in Mosel-gave in the Dioecese of Triers. He completed his Book de Scriptoribus Ecclesiasticis A. D. 1494. Hector Boethius [9] Vossius de Histor. Latin. p. 615. a Doctor of Aberdeen in Scotland, he flourished in the year 1497, and wrote seventeen Books of the History of Scotland, and brought it down [1] Vide Buchan lib. 11. in fine. to the end of the Reign of James the 2 d. Printed at Paris 1575. An Author of no great Credit. Andraei Alciati Comment. in jus civil. Tom. 2. Basil. 1529. Pancirolli Notitia utriusque Imperii. Lugd. 1608. The Germane Laws, Ludenbrogius his Codex Legum Antiquarum. In fol. 2. Vol. Printed at Frankfort 1613. Epistola Dedicatoria to Gryphianders' Weichbold. 1625. Gryphiander Professor of Law at Gulick and at Jene, and Reinews Remeccius his Predecessor, both Historians, as also Henricus Me●bomius. Johannes Loccennii Antiquitates Sueo-Gothice. Holmiae 1654. annal Monasterii Burton. Oxon, 1684. doomsday Book in the Custody of the Chamberlains of the Exchequer. Patent and Close Rolls in the Tower of London thus cited, Rot. Pat. or Rot. Pat. Cl. or Claus. Fine Rolls; the Pipe Rolls in the Exchequer, and other Records and Ancient Monuments in other places. Register of Abbendon or the Abbey of Abbington in Cottons Library Sub Effigy Claudii, B. 6. Records in the Tally Office, and Pipe Office, with the King's Remembrancer, etc. The Close Rolls, and Patent Rolls in the Tower. Charter Rolls in the Tower. OF Cajus Julius Caesar. THere being no Certain Account Extant of things done in this Nation, Cajus Julius Caesar, 53, 54, 55, 60 Years before Christ. before the Coming of Julius Caesar hither; I shall from that time begin this History, and out of his own Commentaries, and other allowed Authors of the Romans, briefly relate the Affairs of Britain, during their Rule and Empire here. He then having brought under the Roman Obedience the greatest part of (a) Gallia, France. Gallia, was, by the Senate, Coment. lib. 4. p. 132. Decreed Governor thereof for Five years: Dio Cassius, foe. 63. What moved Caesar to Attempt Britain. Moved with Revenge, because the Britain's had often Aided the Gauls in their Wars against the Romans, or, by his own Inclination, to attempt Great Things, whereby he might advance the Glory of the Roman Empire; Resolved upon a Voyage into Britain, toward the latter end of Summer; and though he should then want time to carry on the War he designed, or the Season prove unfit for it, yet he thought it might be of great use to him for the future, if he entered the Isle, knew and understood the Men, Places, Ports, and Accesses; almost all which were unknown to the Gauls, for they admitted none but Merchants into the Isle, and these only knew the Coasts which lay over against Gallia. But before he adventured himself, he sent Cajus Volusenus, He sent Cajus Volusenus before, to Discover the Island. a Military Tribune, in a Longboat, or Galley, with Command, to Discover all things, and that he should Return to him as soon as might be (who being thus dispatched) he Marched with his Army toward the (b) The Morine Coasts extended from Calis to Newport in Flanders; Comius, King of the Attrebatii in Britain. and the Morini possessed le Boulonois, the County of Guines, and part of Teutonic Flanders. Morine Coast, from whence was the shortest passage into Britain, where he appointed his Shipping to meet him: In the mean time his Design being Discovered to the Britain's, many of the States, or Cities send (c) 'Tis probable Mandubrace and Comius might be these Ambassadors, or some of them, as may appear hereafter; from whom Caesar might receive Encouragement to Invade Britain. Ambassadors, who Promise Hostages, and Obedience to the Roman People: To whom having given Audience, he makes large Promises, Dismissing, and Exhorting them to continue in the same Resolution. With them he sent Comius of (d) Arras Attrebatum, now the Chief City in Artois. Arras, whom he had made King of that place; of whose Courage, Wisdom, and Fidelity he was assured (and whose Respect and Authority was great among (e) The First Cohort called Militaris, contained 115 Foot, and 132 Horse, Armed Cap-a-p. and was the Chief of the whole Legion, the other contained about 555 Foot, and 66 Horse. Greeks. Legion, Cohort, and Maniple, what, and how many. 'Tis thought he was King of the Atrebatii (Berkshire) in Britain, who went into Gallia, and served under Caesar, and was a great Instrument of the Britain's Submission to him, happily by Treachery, otherwise he would not have been Imprisoned by them, they not using the same Practice towards other Envoyes. the Britain's) him he Commands to go unto as many Cities as he could, and persuade them to embrace the Amity of the Roman People, and to tell them he was hasting thither. Volusenus having observed the Country (as well as he could) not daring to go out of his Ship, amongst the (f) The Romans called other Nations, Barbarous, as the Greeks did those that were no Greeks. Barbarous People, within five days returns to Caesar, who having prepared 80 Ships of Burden, in which he Wasted over his Foot, and 18, wherein the Horse were Transported, besides the Long-Boats or Galleys appointed for the Quaestor-Lieutenants, and other Officers, in all Two (g) About 7000, a just Legion consisting of 10 Cohorts, every Cohort of 3 Maniples, every Maniple 2 Centuries, every Centurie 100 Foot, and for every 1000 Foot there were 100 Horse; they were called Maniples, from a handful of Hay used for an Ensign. Legions; The Seventh and Tenth Legion. he sets Sail about the Third Watch of the Night, which was Three of the Clock in the Morning, leaving P. Sulpicius Rufus a Lieutenant, with a sufficient Guard, to make good the Port; and Order the Horse, which were Wind-bound in a Haven, Eight Mile upward, to Embark and follow him; who, Shipping themselves but slowly, Caesar arrived upon the Coast of Britain about the Fourth hour of the Day, or Ten of the Clock, where he beheld on the Cliffs a Multitude of Armed Men, ready to Impeach his Landing. The Nature of the Place was such, that by reason of (h) The Valley where Dover is Seated, between 2 Cliffs, or High Hills, one upon which the Castle is built, the other on the Southside of the Town, where there slides into the Sea a small River, in which Valley was formerly the Haven or Bay, when the Sea more Insinuated itself into the Land, which may be Collected from the Anchors and Ship-planks there found: Upon these Hills the Britain's appeared, etc. steep Hills enclosing the Sea on each side, making a narrow Bay, it gave the Britain's great advantage in casting down their Darts upon those underneath; Caesar thinking this place unfit for Landing, put off from the Shore, and lay at Anchor until the Ninth (i) Three of the Clock Afternoon. hour, expecting the rest of his Fleet; Meanwhile calling together his Lieutenants, and (k) They had the Command of 1000 Men, and in every Legion there were 6 of them, they executed the Office both of Colonel and Serjeant-Major. Tribunes, he declared unto them what he understood by Volusenus, and what he would have done, warning them, that as the state of that War, and especially the Sea Service required, they would be ready to ply too and fro at a Beck, and in an Instant: This done, having advantage both of Wind and Tide, giving a Signal, they Weighed Anchor, and Sailing about Eight Miles from that place, came to a (l) This flat and open Shore is where Sandown, Deal, and Walmer Castles are placed, about 7 or 8 Miles North of Dover. plain and open Shore. But the Britain's knowing their Intentions, sending before their Horse and Chariots, their Main Body following after, endeavoured to prohibit their Landing; Their Ships, by reason of their Greatness, drew much Water, and could not come near to the Shore, so that the Roman Soldiers were forced, in places unknown, and over-laden with Armour, to leap into the Water, and Fight with their Enemies, who being upon dry Ground, or not far into the Water, nimbly assaulted them with their Darts, and boldly forced their Horses and Chariots upon them: with which kind of Fight, Cajus Julius Caesar, 53, 54, 55 Years before Christ. the Romans being unacquainted, were terrified, and failed much of their wont Courage they had shown in their Land Battles. Which Caesar taking notice of, caused the Long-Boats, or Galleys, being swift, and more serviceable (an unusual sight to the Britain's) to put off from the Greater Ships, and Row toward the open side of the Enemy, and from thence with Arrows, Slings, and other Warlike Engines, to drive them back: This Project succeeded well, for the fashion of these Ships, the motion and noise of the Oars, and the unusual kind of Engines amazed the Barbarous People, The Britain's amazed at the Ships, and Warlike Engines of the Romans. causing them to make a stand, and then retire a little; but, the Water being deep, the Roman Soldiers making no haste to pursue them, the Standard, or Eagle-Bearer of the Tenth (m) Every Legion had a small Eagle, made of Silver or Gold, for its Ensign, fixed on the top of a Spear, with its Wings displayed, and this Eagle was never exposed to the Enemy, or put in hazard but in desperate B●ttles. Legion, first invoking the Gods, and Praying for Success to the Legion from that Action, spoke aloud, Leap down fellow Soldiers, The Roman Standard Bearer Leaps overboard with the Eagle, and advanceth it against the Enemy. unless you will betray your Standard to the Enemy, for my part I will perform my Duty to the COMMONWEALTH and GENERAL: This said, he leaps overboard, and advanceth the Eagle against the Enemy; the rest exhorting one another, not to admit the Disgrace, of Losing their Ensign, all leapt out of that Ship, being followed by those in the next Ships. Now began a sharp Fight on both sides; the Romans were much disappointed, that they could neither keep their Ranks, nor fight upon firm Land, nor follow their own Ensigns, for every one ran confusedly to that which was next him: The Enemy knowing the Shallows, espying the Romans as they came single out of their Ships, urged forward their Horses, and many setting upon a few, encumbered with Armour, dispatched them, while their Main Body resolutely assailed those on the Shore, which Caesar perceiving, Commanded the Cock-Boats and Pinnaces to be Manned with Soldiers, causing them to ply up and down with Relief, as they saw need: The Romans at length being Landed, got their Foot into some good Order, and gave a fresh Charge upon the Britain's, putting them to Flight, but were not able to pursue them far, The Britain's put to Flight. for want of their Horse. The Britain's thus overcome, forthwith upon their Retreat, send Ambassadors unto Caesar, Promising Hostages, and to do whatever he should Command; with them Comius of Arras returned, Comius of Arras Imprisoned, and Freed again. whom bringing to them the General's Commands, they had Imprisoned, so soon as he came out of the Ship, and now after the Battle Released; They blame the Multitude for this Violence, and for their Imprudence ask Pardon. Caesar Reproving them for ma●ing War without Cause, after they had sought Peace, yet content to Pardon them, Commands Hostages, whereof some he received presently, and others being to come from remote Places, were to be sent within few days: Meanwhile the Britain's were dismissed, and sent home, and many Princes came from all parts of the Isle, submitting themselves, and their Cities to Caesar. The Fourth Day after the Romans Landing, the 18 Ships beforementioned, appointed for Transporting the Horse, put to Sea from the Upper (n) Those Ports which Caesar mentions (that it may be noted once for all) were not very considerable or commodious Ports, but such as he was necessitated to use, and happily were, rather Portuous Havens, or Baylike Shores, then true Ports, such as Fishermen now only frequent, or as may have been changed and altered by the access or recess of the Sea; Court of Guard whence that Phrase To be in Station before the Camp, What? 'tis probable this Upper Haven is Ambleteul, a small Haven about 8 Miles North-East from Bolaugne, as Caesar hinted before. Haven, Cajus Julius Caesar, 53, 54 Years before Christ. with a favourable Gale, and approaching the Island, in view of the Roman Camp, a sudden Storm arose and scattered them, driving some back to the Port from whence they came, and others upon the lower part of the Island, Westward, with very great danger; where, being at Anchor, they were almost filled with the Waves; so that they weighed Anchor, stood off into the Main, and in that Tempestuous Night recovered the (o) Gallia. Continent: The same Night, the Moon being at the Full, the Tide filled the Galleys, The Roman Ships (in which their Horse were) scattered by Storm. Many of their other Ships made unserviceable. and Long-Boats, that had Landed the Army, and were drawn on Shore; (the Romans being unacquainted with Spring-Tides) the Greater Ships also that lay at Anchor, were Storm-beaten, and many of them split, and the rest rendered unserviceable; their Anchors and Tackling being lost and spoiled, to the great disturbance of the whole Army, who now had neither Shipping to carry them back, nor Means to repair those Ships the Tempest had disabled, nor Provision to support them here, Caesar having before resolved to Winter in Gallia. These things being known to the Chief of the Britain's, who, being met together, to perform such things as Caesar had Commanded them, The Britain's Confederate, and Revolt. Consult together, and think it a fit Opportunity to Revolt, while the Romans wanted Horse, Shipping, and all manner of Provision; the Number also of their Forces seeming the less, in respect of the small Circuit of the Camp (Caesar having Transported his Legions without Carriages) Resolve, To stop all Provisions, and spin out the War till Winter; and, to that end, they privately, one by one, withdraw from the Camp: Caesar, though Ignorant of their Intentions, yet, from his Present Condition, and their not sending Hostages, he suspected that which afterwards happened; and therefore to provide against all Accidents, he caused Corn daily to be brought out of the Fields into his Camp; and with such Ships as were disabled, and other Materials brought from the Continent, he Repairs the rest; Caesar Repairs his Ships. by which Means, and the Diligence of his Soldiers, all but Twelve Ships were again made fit for Service. While these things are doing, the Seventh Legion, according to Custom, was sent forth to Forage, without any suspicion of War (some of the Britain's remaining in the Fields, near hand, and others going and coming freely into the Roman Quarters) They which were (p) It was the Custom of the Romans to place whole Cohorts and Troops before the Gates of their Camp, never less than one Cohort and one Troop, sometimes more when near the Enemies. Hence our English Phrase, Court, or Cohort of Guard; they were said to be in Station, from the Posture itself; for, upon this Duty they did always stand, both Horse and Foot. in Station at the Camp Gates, gave notice to Caesar, that the same way the Legion went, there appeared a greater Dust than was wont to be seen, The Britain's discovered. he guessed it was some new Practice of the Britain's; commands the Cohorts in Station to follow him thither, appoints two others to succeed them, the rest to Arm, and speedily to follow him: he had not marched far, when he perceived his Soldiers much overcharged by the Enemy; who assailed them on all sides with their Darts: for they having conveyed their Corn from all other parts (this only excepted) doubted not but that the Romans would come thither, lay in Ambush for them; whom (having laid down their Arms) being dispersed, and at their (q) Caesar always employed his Soldiers in some Work or other here, in Reaping, otherwise in Mending his Ships; he had all sorts of Artificers and Workmen in his Army, Caesar had all sorts of Artificers in his Army. to work themselves, and direct others. Labour in Reaping, they set upon, killing some, and putting the rest into disorder, compassing them about with their Horse and Chariots. Their Manner of Fight with their Chariots was thus; They suddenly set upon the Romans. Their Manner of Fight. They first road about their Enemies throwing Darts, where they saw advantage, and ofttimes, by the Fierceness of their Horses, and Ruffling of their Wheels they broke their Ranks, and crowding themselves in amongst the Troops of Horse, they leapt out of their Wagons, and fought on foot: The Charioteers, or Drivers, in the mean while, withdrew from the Battle, and so Placed themselves, that their Masters being oppressed in Fight, or out-numbred, might find a Ready Retreat unto them; having performed the Duties of Horsemen in their nimble-Motion, and of Footmen in keeping their ground: They, by use, were so expert in Managing their Horses, that being on a Speed down a steep Hill, they were able suddenly to stop, or turn them; To Run along the Draught-Tree, or Chariot-Pole, to stand firm upon the Yoke, and to return speedily into their Chariots: The Romans Overpowered. Caesar comes Opportunely to their Assistance. The Romans being Over-set with this new kind of Fight, Caesar came opportunely to their Assistance; for, upon his appearing, the Britain's made a stand; and, the Romans, for fear, Retreated to their General; who, thinking it not a fit time to provoke the Enemy, by offering Battle, kept his Ground for a while, and then Marched back the Legions into the Camp. Tempestuous Wether, for many days together, kept both sides from Action: in this time the Britain's send Messengers every way, Declaring, what small numbers of the Romans were left; What hope they had of obtaining a perpetual Liberty, and a great Booty, if they could now beat them from their Camp. Hereupon a great number of Horse and Foot were speedily assembled, and made toward the Romans; Caesar supposing it might so happen as in former times, That the Britain's being beaten, would escape his Foot, The Britain's Overcome. and save themselves by flight; yet, with about (r) Happily for CCC, were written xxx, or rather for 300; 30, as Hottoman thinks, by Mistake; seeing 'tis strange to think, Caesar would join Battle with 30 Horse only. 30 Horse, which Comius of Arras brought over with him, he placed the Legions in Battle-Array before the Camp; not long after both Bodies were Engaged, the Britain's gave back and fled, the Romans pursuing and killing many, Burning and Wasting every where about as they returned to their Camp. The same day the Britain's send Ambassadors, desiring Peace; which they obtained, They obtain Peace. upon condition the number of Hostages before Imposed, should now be doubled, and sent after him into Gallia; making haste thither, because the Autumnal Equinox was at hand (suspecting his Patched and Crazy Ships might not well endure the Sea in Winter) wherefore, taking the first opportunity, they Sailed soon after Midnight, and came all safe to the Continent: Caesar Wintered in Belgia with all his Legions; whither two only of the British Cities sent Hostages, the rest (s) This was his pretence of Invading Britain the Second time: the People not thinking he would ever return to make War there again. neglected. Cajus Julius C●, 52, 53 Years before Christ. The Roman Senate, upon the Relation of these Services, Decree him a (t) A Thanksgiving, in Honour of him, Supplication for 20 Days, What. to their gods, for 20 days; in which, by Decree of the Senate, all the Temples of the gods were opened, whither the People went cronwd with Garlands, and offered Sacrifice, with Singing, Releasing Prisoners, and other Triumphal Rites, etc. Supplication of Twenty Days. Caesar departing from his Army in their Winter-Quarters, went (as his Custom was, every (u) To observe▪ what was done at Rome, and to keep up his Interest among the People. year) into Italy; first commanding the Lieutenants of every Legion, they should build as many Ships as they could, and Repair the old ones, and directed, they should be made Lower than those they used in the Mediterranean, that they might more speedily be Laden, Caes. Com. Lib. v. Caesar goes into Italy. and more easily drawn on Shore; and for that, by reason of the frequent changing of the Tide, the Waves were less here, then in their Seas; and also Broader somewhat, for the more commodious Transporting of Horses, and other Cumbersome Fraight, he ordered they should be nimble Vessels, to which end their Lowness much conduced. He returning to his Army, by the singular Industry of the (x) There were all sorts of Artificers in their Legions, and a Praefect or Master of them; and the Soldiers themselves, at their first entering into Service, were Taught, and did Learn Mechanic Arts. Portus Itius, Where. Soldiers, At the Spring he returned. Found 600. Ships built, etc. although there were a great scarcity of Materials, found 600 Ships, and 28 Long-Boats, or Galleys built, and within few days ready to be Launched: Having Caressed the Soldiers, and the Masters and Overseers of this Work, he shows them what he would have done, and Commands, there should be a Rendezvous of them all at (y) Portus, Itius Gessoriacus, and Boulogne Cluverius, affirms to be the same; some think it to be Calais, others a small Village, called Withsan, Vissen, or Essen, near Blaness in Boulonois, between Calais and Boulogne, where the nearest passage is into England; or as others, a kind of Marsh between those Towns, where yet remain great heaps of Earth, compassed with Ditches, and a Tract of a Port. Port Itius, from whence was the most commodious passage into Britain, about 30 Miles from the Continent; here he left a sufficient number of Soldiers to manage this Affair, while he himself, In which he Transports 6 Legions of Foot, and 800. Horse. with Six Legions, and 800 Horse, Marched into the Country of the (z) People of Old Belgium, between the mosel, and the Rhine, whose Chief City is now called Triers, Aedui, Who. and Where. Seated upon the mosel. Treviri, who would neither take Advice from, or be Commanded by him. But Hostages being given, and things settled here, and the (a) They had the right of Senators in the City, and by the Senate were called Brothers; they served in the Roman Army, were Free, and had the same Privileges with Roman Soldiers: Upon Caesar's coming for Britain, Dumnorix their Prince Mutinies and Revolts; who, being slain, the rest Return to Obedience: their Country was both the Burgundy's, Duchy and County; their Chief Town Bibracte, after Augustodunum, now A●stun, a small Bishopric in the Duchy of Burgundy. Aedui reduced, leaving Labienus to Guard the Haven, and supply his wants, he, with Five Legions, and 2000 Horse, Embarked, and about Sunset sailed, with a gentle South-west Wind, which failed about Midnight; and the whole Fleet being driven by the Current, when it was light, they could discover the Island on their Lefthand; then taking advantage of the Tide turning, they plied their Oars, that they might reach that part of the Isle where they had Landed the Summer before; in which Action, the Diligence of the Soldiers was much to be praised, who, by an unwearied labour in Rowing, caused their Ships of the greatest Burden to keep way with the Long-Boats, or Galleys, they arrived about Noon, where they saw no Enemy. For, as afterwards Caesar understood by the Captives, Cajus Julius Caesar, 53, 54 Years before Christ. the Britain's coming thither in great numbers Armed, when they saw so many Ships (being of all sorts, with their Victuallers, esteemed Eight Hundred) for fear they left the Shore, and hid themselves in the Uplands: Caesar Landing his Army, and having advantageously Encamped it, so soon as he knew from the Prisoners he had taken, where the Enemy was, leaving Ten Cohorts, and 300 Horse under the Command of Q. Atrius, to Guard his Ships then at Anchor, after the (a) Three of the Clock in the Morning. Third Watch he made toward the Enemy, and having Marched Twelve Miles he discovered them; who, with their Horse and Chariots advanced toward the (b) The River Stour in Kent, The place Chilham, or Julham, That is, Julius his Station, or Mansion: a small Town upon this River, Camb. Brit. 237. As we commonly, Gilian for Julian, from Juliana. Footman's Shields double, one Broad and Flat, the other concave, like an half Tube, in breadth 2 foot and half, in length 4 foot. Lib 49. f. 409. Rosin. lib. 10. c. 16. between Canterbury and Wye: beneath this Town is a Green Hillock, Barrow, or Sepulchre, where the People report one Jul-laber was Buried, who Camden thinks was Laberius the Tribune here slain; his Conjecture is strengthened by the Distance of this place from the Sea or Shore, which is exactly 18 Miles, which Answers justly the first March of Caesar after his Landing. River, and having the higher Ground, impeached the Romans in their March, and began the Fight; but beaten back by Caesar's Horse, The Britain's beaten back by Caesar's Horse, fly to a Fortress in the Woods. The Manner of the Britain's Fortifying. they retreated to a place in the Woods, notably strengthened by Art and Nature, which, as it seemed they had made a Fortress in their Domestic Wars: for all access and entrance into it was precluded, by great Trees being cut down on every side, and laid overthwart; few of them would Skirmish out of the Wood, yet they kept the Romans out of their Fort, and hindered their entrance. But the Soldiers of the Seventh Legion making a (c) Testudo, from the resemblance it had to a Tortoise Shell; for, as that defends this Animal, so this secured the Soldiers: there were of these Two sorts, one whereof may properly be called Conscutation, a Target, or Shield-fence, for the Soldiers holding their Targets or broad Shields over their heads, and locking them one within another, like a Vault or Roof, defended themselves, from the Shot of Arrows, or Slinging Stones from on high; they also had Oblong Shields, in fashion like an Half Tube, or Cylinder, which were clapped to their sides; those which carried these, were said to be Armed heavily, and may seem to be the Triarii, and Chief of the Soldiers: See this sort of Testudo exactly described in Dio Cassius. The other was an Engine made with Board's, covered with Raw Hides, under the Protection of which the Soldiers might safely Assault Walls, and raise Aggeries, Mounts and Rampires against the Enemy. Testudo, and raising a Mount against their Fortifications, took the place, and drove them out of the Wood, Their Fort Taken. without much Bloodshed. Caesar forbade a long pursuit, for that he knew not the Nature of the place, and it being toward evening, would have the time employed in Entrenching his Army. Next Morning he sent Foot and Horse, in three several Bodies, to pursue those which fled, the hindmost not being out of sight; there came Post from Q. Atrius Horsemen to Caesar, with a Message, A great part of Caesar's Fleet Wracked by Tempest. That a great Tempest the Night before, had shattered and wracked almost all his Ships, and cast them upon the Shore, their Anchors and Cables being not able to hold them, nor the Mariners to guide them, or endure the violence of the Storm: at this News Caesar recalls his Legions, and Horse, and returns himself to the Fleet, where he sees those things, which he received by the Express: about Forty Ships were lost, the rest not to be Repaired and Refitted without great labour; Therefore out of his Legions he chose what Shiprights and Workmen he could, and commanded others to be called from the Continent; he Writes to Labienus, that with his Legions he should build, and fit up as many Ships as he could: and though it was a work of great difficulty, yet he thought it necessary, that all his Ships should be haled on (d) Caesar's Ship-Camp. Where? Cam. Brit 242 Cam. Bri. 213. The Romans Entrench their Army every Night. Upon the Shore, about Deal, Sandon, and Walmer, are a long Range of heaps of Earth, or Banks, where the Learned Camden thinks this Ship-Camp was, which he says, by the People thereabout, was called Romes-Work. Shore, and brought into the Camp, that they might both be secured by the same Defence, or Circumvallation. This Stupendious Work was performed in Ten Days, the Soldiers intermitting neither Night nor Day, and having accomplished it, Caesar causeth the Ships that remained to be haled on Shore into the Camp. leaving the former Guard, he Marched to the place from whence he had dislodged upon the News from Atrius; where he found the Number of the Britain's increased, by the Confluence of People from many parts of the Country, who, by Common Consent, made Cassibelan their General, Cassibelan General of the Britain's. whose Territories were divided from the Maritime Cities by the Thames, and were distant from the Sea about Eighty (e) The Borders of his Territories extended to the Thames in Surrey, near Oa●elands, and thereabouts, which are 80 Miles from the East-Shore of Kent, where Caesar Landed. Miles; other Cities formerly had with him continual Wars, but now, in the Common Danger, they all made him their Commander in Chief. A Sharp Fight between the Romans and Britain's. Many of the Britain's slain. The rest forced to the Hills and Woods. The Roman Army being come within view of their Enemies, the Horse and Charioteers of the Britain's encountering their Horse fought sharply, yet so, as the Romans were every where superior to them, and forced them to the Hills and Woods, many of them being slain, and some of the Romans also, who, too daringly, pursued them: A while after (the Romans being busy in (f) It was the Custom of the Romans every Night to Entrench their Camp. Entrenching their Camp, and suspecting nothing) they suddenly sallied out of the Woods, and setting upon those which were * Guards and sentines. Laberius slain. in Station before the Camp, fought stoutly, to whose Aid Caesar sends Two Cohorts (the (g) The First or Chief Cohorts of their Legions, as some Writ, contained 1000 Men. chief of Two Legions) who, From whence they Sally out upon the Romans. standing still at a little distance, amazed at the newness of their Fight, Charged boldly through the midst of them, and came safe to the Relief of their distressed Companions. That day Q. Laberius Durus, a Tribune, was slain; but more Cohorts being sent to their assistance, the Britain's were driven back. By the manner of this Battle (which was fought within sight of the Camp) the Romans perceived what advantage the Enemy had of them, and how ill they were fitted for such a kind of fight, when, by reason of the weight of their Armour, they could not pursue such as fled, nor dare they leave their Ensigns; nor were able, without great danger, to encounter the Horse, who, ofttimes, retreated on purpose, and having, by little and little, drilled the Romans from their Legions, would leap out of their Chariots, and fight on Foot; the Manner of Fight with their Horses and Chariots being alike dangerous to them that retired, and them that pursued; Besides, they fought not in great Bodies, and Close Order, but by Reserves, one Division being a great distance from another, and Succeeding and Relieving one another, the Sound and Fresh Men giving Supplies to the Wounded and Weary. The next day, the Britain's, here and there, afar off, appeared upon the Hills, and with less courage than the day before, began to engage the Horse: The Britain's again set upon the Romans. But about Noon, when Caesar had sent Three Legions, and all his Horse, with C. or Trebonius his Lieutenant, to Forage; suddenly, on all sides, they assail the Foragers, and Charge up to the very Legions and Standards; the Romans, by a stout onset, repelled them, and the Horse never gave over the Pursuit (being confident in the aid of the Legions that followed them) until they totally routed them; and having killed a great number of them, The Britain's Totally Routed. Very many slain. they gave them neither time to Rally, to make a Stand, or to leap from their Chariots. Forthwith, upon this Overthrow, the Auxiliaries, which had come from all parts, departed; neither after that time did the Enemy appear with so great strength. Caesar knowing their Design, Caesar Marches toward Cassibelans' Country. Marches with his Army towards the Frontiers of (h) Cassivellannus, Cassibelanus, or rather Cassibelinus; Prince or Ruler of the Cassii; Cassibelan, Who. some remains of whom there seems yet to be Caisbo Hundred, wherein are Situated the Ruins of Verulam Cassibelaus Chief Town: Belinus signifying commonly in this Island a Chief King, Prince or Ruler. So Cinobelin, as it were Icenobelin, Prince of the Iceni; Camb. Britan. 275.292. Annotations on Giral. Cambr. Desc. of Wales. c. 3. Camb. Brit. 213. Bede Eccles. Hist. cap. 2. fol. 26. and happily might be the same that Czar, Cham, Sultan, Tentomarus and Gottiso, are, and were among the Moscovites, Tartars, Turks, Tentones and Goths; Dr. Powel says further, That Hely, the Father of Lud, and this Cassibeline, was called Magnus Belinus, that is, Great Belin. Cassibelan, upon the River Thames, (i) Near oatland's in Surrey, says Cambden, at a place called Cowaye-Stakes; and, in this conjecture, he affirms he could not be mistaken, for that it was 80 Miles from the Shore of Kent, as Caesar accounted, and for other Reasons there assigned. which was passable with Foot in one place only, and that with difficulty; when he came thither, he perceived great Forces of the Enemy in good Order, ready to receive him on the other side of the River, the Bank being set with (k) Bede says, the Remains of these Stakes were to be seen in his time, which were about the Bigness of a Man's Thigh, and Plated over with Lead. sharp Stakes, and others of the same kind, covertly placed in the River; whereof Caesar having notice from Prisoners and Fugitives, sending his Horse first over, presently Commands his Legions to follow, who waded over so speedily, and resolutely (their heads only appearing above water) and both Horse and Foot Charged the Enemy with such violence, that they forsook the Bank and fled. Cassibelan now out of hope to contend for Victory, Cassibelan dismisseth the greatest part of his Army. Keepeth only 4000 Charioteers to attend Caesar's Motion. dismisseth the greatest part of his Forces, keeping about 4000 Chariots to attend the Motion of the Romans, and going somewhat out of the way, securing himself in Woods, and Fastnesses, drives all away, both Men and cattle, where the Romans were to pass; whose Horse, as they roved up and down to Waste and Plunder, the Charioteers sallying out of the Woods, surprised and cut off; hereupon, Caesar commands them not to departed from the Legions: so that now as they Marched, there was nothing left to do, but to Waste empty Fields, and Burn Houses. Meanwhile the (l) Trinobantes, Middlesex and Essex. Trinobantes, a very considerable People among the Britain's, from whom (m) He is by Entropius, Bede, and later Writers, called Androgens, as is noted by Cambden, but why he knows not, unless for his Wickedness and Treason, for such a signification is plainly couched in that Name; and he was one of the three first that called the Romans into Britain, and betrayed the Country. Mandubrace, went to Caesar into Gallia, and followed his Fortune; his Father Imanuentius having been King in that Country, whom Cassibelan had slain; and this young Man saving his Life by flight, send Ambassadors to Caesar, The Trinobantes send Ambassadors, and yield themselves. who promising to yield themselves, and be at his Command, desire him to Protect Mandubrace, and to commit the Government of their Country unto him: Caesar requires Forty Hostages, and Provision for his Army, and sends Mandubrace unto them, they comply with his Commands, and sent what he required. The Trinobantes being Protected from the violence of the Soldier, the (n) The * Camb. 329. Iceni. Who. Cam. Brit. 19●. There, 273. There, 207. Camb. Brit. 275.292. Cassibel. Town. There. 292. Cam. Brit. 298. Dio. Book 43.224, 225. Caesar 's Origin from Anchises and Venus. Iceni, who possessed Northfolk, Southfolk, Cambridge, and Huntingtonshires. Cenimagni, (o) were People in Hamshire, in Holdshot Hundred, and thereabouts. Segintiaci, (p) They inhabited Henly▪ Hundred in Oxfordshire. Ancalites, (q) Their Seat was the Hundred of Bray about Maidenhead in Berkshire, which seems to be a Contract from Bibract. Bibroci, (r) They gave name to the Hundred of Caisho●, in Hertfordshire, in which Old Verulam stood; and where, and in the Country thereabouts, the Cassi were placed. Cassi, by their Ambassadors, yield themselves to Caesar: from these he understood Cassibelins' (s) Verulam, out of whose Ruins St. Alban was Built. Town was not far off, strengthened and surrounded with Woods and Marshes, Several other Nations also yield to Caesar. well filled with Men and cattle (for the Britain's call intricate Woods, compassed about with a Mudwall and a Ditch, a Town) whether they were wont to resort, for the avoiding the Incursions of their Enemies. Thither Marches Caesar with his Legions, he found the place notably Fortified by Nature and Art, yet he Assaults it in two places; Cassibelin's Town. The Britain's for some while defended it, but not able to sustain the Force of the Romans, fled out at another part of the Town; What a Town was among the Britain's. Cassibelin's Town taken. great store of cattle were found there; many were taken, and many were slain in their flight. While these things are done here, Cassibelin sends into Kent, where there were Four Kings Reigning, Cingetorix, Carvilius, Taximagulus, and Seegonax; them he Commands to raise all the Force they could, The Roman Ship-Camp assaulted. The Britain's Beaten. Lugotorix taken. and suddenly to assault the Ship-Camp; this was attempted, but when they came near unto it, the Romans sallied out, killed many of them, and took their Noble Leader, or Captain (t) Or Cingetorix rather. Lugotorix, retreating safely to their Camp. Cassibelin hearing of the Event of this Enterprise, being often defeated, and his Country wasted, but most of all moved with the Revolt of his (u) Cities, or People, for Caesar always called a People, living under, and using one Law, and the same Customs, Civitas, or a City. Cities, useth the Mediation of Comius of Arras, to send Ambassadors about his Submission to Caesar, who, determining to Winter in Gallia, Caesar departs, taking Hostages, etc. Thus far Caesar's Commentaries. Pliny, Nat. Hist. lib. 9 c. 35. by reason of some sudden Commotions there, and the Summer being almost spent, commands Hostages, and appoints what Tribute yearly Britain should pay to the Roman People, and commands Cassibelin he should offer no wrong to Mandubrace, or the Trinobantes; then taking with him Hostages, and a great number of Captives, at twice Transports his Army; at his return to Rome, he Offers to Venus (x) His Mother, or Genitrix. to whom he Built a Temple, for from Anchises and Venus he deduced his Stock and Original. Genitrix a Surcoat, or Corslet, Embroidered with British Pearl. What this Pearl was? Q. Tacit. de vita, Agric. cap. 13.456. and Lipsius' Notes upon him, Ibid. After the Death of Julius, by reason of the Civil Wars amongst the Romans, and the Arms of the Chief Men being turned upon the Commonwealth, Britain was for a while neglected and forgotten; and Augustus, for some time, after he had obtained the Empire, was content to be in Amity with the Britain's, and under the Name of Tribute, to accept some small Trifles. Yet afterwards he prepared for an Expedition hither, pretending, that the Tribute which Julius had Imposed, was detained. Dio. lib. 53.512. The Britain's hearing of it, send their Ambassadors with their Submission, and desire Pardon; to whom, upon a new Pact, he granted a Conditional Peace: Not long after the Britain's not having performed their Conditions, and failing in their Payment of Tribute, Octavius Caesar, Augustus, Cunobelin, Tiberius Nero Caesar. he designed another attempt upon them; and being set forward in his Voyage toward Britain, was diverted, by the Revolt of the Cantabrians and Asturians. There was no farther undertaking against the Britain's in all the time of this Emperor. Ibidem, 513. Cunobelin then Governed the Trimobantes, Ib. lib. 60.679. Cunobelin endeavours to Reform the Rudeness of the Britain's. whose Royal Seat was (y) Maldon in Essex. Camolodunum: he first began to Reform the Rudeness of the Britain's, and to Introduce some Civilities he had observed amongst the Romans, and after their Custom caused his Image to be Stamped upon his (z) The Payments of the Britain's were usually made in Pieces of Brass, and Iron Rings; and, 'tis very probable, this Coin Stamped by Cunobelin, Cam. Brit. 322. Caesar 's Com. B. 5.255. The Romans Exact Tribute in gold. Cam. 70 The Romans Instruct their Hostages. Tacit. de vitâ Agric. c. 21.459 Alford Britt. Ann. f. 6. Suet. in Augusto. c. ●9. 196. was for Tribute only, which the Romans exacted in Gold and Silver, as may appear by the word Tasc, on the other side, which signifies Tribute, or as we at this day call it Task, or Tax. Coin; who, as 'tis said, was brought up in the (a) It was the Custom of the Romans to instruct their Hostages, and the Sons of Princes, in Liberal Arts, etc. That they might afterwards be useful to them in the Administration of their Provinces, etc. Court of Augustus. Tiberius' succeeded Augustus, who following his advice and example, attempted nothing upon the Britain's. Camb. Brit. 62. Money 2. Tacit. as before, and Lipsius' Notes. Some are of Opinion, that the Gospel, or Christian Profession, was brought into Britain in the last year of this Emperor, which was the 35th of our ever Blessed Saviour, and Two years after his Crucifixion, grounding their Conjecture upon that noted place of Gildas, where it is said, Tempore, ut scimus, summo Tiberii Caesaris, Christianity not in Britain in Tiberius Nero his time. etc. but seeing this was before the Dispersion of the Apostles and Disciples, and also at a time when there had been little or no Warlike Achievements, or other Intercourse between this Nation, Rome, or other Eastern Countries, since the Birth of Christ, or at least his Planting the Gospel in Palestine: Therefore this Assertion of Gildas may more probably be referred to the latter time of Tiberius Claudius Caesar, whereof more in that place. The next to him was Cajus Caligula; who, by reason of his Luxe, Cajus Caligula. Sueton. Calig. c. 40. ●75. His Luxe and Impositions. Dio. Book 59.656. The cause of his Expedition into Gallia and Britain. and vast Profuseness, imposed upon all sorts of Men, and Things, new and unheard of Tolls and Customs, and Collected them by his Centurions and Tribunes; having wasted and spent all the Money in Italy and Rome, where by any means it could be had, and his Expenses still urging him, he intended an Expedition into Gallia, Germany and Britain; That under pretence of War he might spoil and harrass those Countries; but speeding ill in Germany, he ventured no further than those parts in Belgia over against Norfolk, from whence, having only received into his Protection (b) Matthew of Westminster, and others, call this Adminius, the Eldest Son of Cunobelin, Guiderius, and his Second Son Arviragus; but the Latins and Greeks retain that Name, and call the Second Togodumnus; the Third Catarecus, or Caractacus. Adminius, Sueton. Cal. c. 44.479. His boasting Letters to the Senate. with a small number, who being driven out of Britain by King Cunobelin his Father, fled unto him: he sent boasting Letters to Rome, as if the whole Island had been delivered to him, charging the Messenger that his Letters should be carried in a Chariot to the Forum, Ibid. c. 46.482. and not delivered to the Consuls, but in a full Senate, and in the (c) Augustus' ordained, that the Senate should consult of War and Triumphs in the Temple of Mars. Temple of Mars: Lastly, having ordered his Army to be drawn up in Battalia, as if they were presently to give the Onset, he forthwith Commands them to gather Cockle-shells in their Helmets, Tiberius. Claudius. Drusius, 43 Years before Christ. calling them Spoils of the Ocean, fit to be preserved in the Palace and Capitol. As a Mark of this Ridiculous Exploit, which he termed a Victory, He attempts nothing upon Britain, but Commands his Army to gather Cockles. Sueton. ●ud. c. 17.526. he erected a very high (d) Arx Britannica, Where. Sueton. 482. Schild. Notes. Sueton. Calig. 479. c. 44. Cam. Brit. 249 There 275. This is thought to be Arx Britannica, the Ruins whereof are to be seen near the Middle Mouth of the River Rhine, now Landed up, about 2 Leagues from Leyden in Holland. Tower, by the Lights whereof in the Night, Ships might be directed in their Courses. Claudius, with better Advice and Success than his Predecessor, chose Britain (not Attempted by any since Julius Caesar) for his Province, from whence he might acquire the Honour of a Noble and Just Triumph; It being then in Mutiny, and Tumultuating, because the (e) Adminius, the Eldest Son of Cunobelin, and others, who being Expelled Britain, and Proscribed by his Father, were received into Protection by Caligula, then in Belgia. Fugitives which were demanded, were not rendered: whereof one Bercius, Dio. B. 60. f. 677. Aulus Plautius sent into Britain. and some others, much prevailed with Claudius to undertake this Expedition, who sent Aulus Plautius a Roman Senator, and an Experienced Soldier, to take Charge of the Army in Gallia, and Transport it into the Island: to which Action the Soldiers openly discovered their unwillingness, complaining, they should now make War out of the World, until Narcissus, a Favourite of Claudius, being sent to appease them, Mounted Plautius his Tribunal, and somewhat yielding to their fury and passion, he so Cajoled them with an Eloquent Oration, that they were then willing to follow Plautius whithersoever he would Conduct them. The Army was Embarked in Three Divisions, that being opposed in one place, they might Land in another; the Winds proved cross, with which their Ships were shaken and driven back, but the Soldiers not discouraged, they seeing a Meteor, which darted Flames from the East to the West, interpreted it, as an Omen of good success, and thinking it directed their Course, put again to Sea, and Landed without resistance. The Britain's not suspecting their coming; who, finding themselves surprised, fled to the Woods and Morasses, thinking rather to weary their Enemies by Delays, then to Encounter them in the Field. There 678. Plautius, after a great search, and much hazard, found them out, and overthrew them: The (f) People of Gloucester and Oxfordshires. Boduni, then subject to the (g) So called by Dio, by others, Cattienchlani; they were the Inhabitants of Buckingham, Bedford, and Hartfordshires. Cattuellani, he received upon Terms, and leaving Garrisons there, he Marched toward a River which the Britain's supposed they could not pass without a Bridge, and therefore thought themselves secure, having Encamped on the other side of the Waters; But Plautius sending first the Germans, who being accustomed to Swim over Rivers Armed, got over to the further Bank, and there, according to Command, fell upon the Horses which drew the Chariots, by that means putting their whole Force into Disorder. To their Assistance came Flavius Vespasianus, who Commanded the Second Legion, and Sabinus his Brother, who setting suddenly upon them, killed some, and took others, when the Night put a period to this Engagement. The next Morning, the Britain's having Rallyed their Dispersed Forces, appeared again, and gave the occasion of a Fresh Battle, which they performed with such Courage, that it continued a long while doubtful, until C. Sydius Gela, Togodumnus, Tiberius Claudius, etc. Emperor, Caractatus King, 44, 45, 46, 47, etc. Years after Christ. being in danger to have been taken, recovered himself, and forced the Britain's to retire, for which Service he had Triumphal Honours Assigned him at Rome: In this Conflict, Vespasian being encompassed with the Britain's, was in great danger, either to have been slain, or taken, had not his Son Titus opportunely Rescued him, who was a Tribune, and began early to manifest his Valour. Vespasian in danger, rescued by his Son. After this the Britain's retired toward the Mouth of the Thames, and knowing the Shallows, and Firm Ground; passed over safely; when as the Romans that pursued them were ofttimes in great danger: some of the Germans, who, by their art in Swimming, were foremost, as soon as they came on shore, were killed by the Britain's, and the rest of the Roman Army much distressed in their passage, and sharply assailed at their Landing. Where, in a notable Battle, Togodumnus was slain, Togodumnus slain. at whose Death the Britain's were more enraged; and, for the better executing of their desire of Revenge, they Raised new Forces in divers parts of the Isle. Plautius' fearing their Strength, proceeded no further; but Fortifying only such places as he had gained, advertised Claudius, as he was ordered, of the doubtful condition of his Affairs. Sueton. Vesp. 734. c. 4. Vespasian being employed under Plautius, sometimes with him, and sometimes in other parts of Britain, Fought Thirty times with the Britain's, overcame Two Powerful Nations, and Conquered the Isle of Wight. Upon the News Claudius received from Plautius, he, with a Mighty Army of Horse, Foot, and Elephants, Embarked at (h) A City at the Mouths of the River Tiber in Italy, on which Rome is seated. Ostia, and sailed to (i) Marseilles, a Port in Gallia Narbonensis, according to the Division of Gallia by Augustus, or in Provincia Romanorum, according to Julius Caesar, now Provence in France, having the Gulf of Lions, and the Mediterranean on the South. Massilia, from whence he Marched by Land to (k) By some thought to be the same with Portuus Itius, Gestoriacum, Boulogne in France. but it is more probably Boulogne and the Country about i● was called Gessoriacus Pagus, Bononiensis ager, commonly le Boulonnois. Gessoriacum in Gallia; where, Shipping his Forces, Dio. lib. 60.679. Anno Domini 44. he safely Landed in Britain, and, at Porchester, if we may believe Matthew of Westminster: This Army being joined with the other of Plautius and Vespasian, near the Thames, they again cross the River; where the Britain's boldly encounter them, and begin the Fight; and, for a long time notably maintained it, until a great number of them were slain; The Britain's Vanquished. Dio. 679. when, being overcome, they fled into the Woods, some were subdued by Force, others yielded upon Terms; and pursuing this Victory, they took Camolodunum, Camolodunum taken. That Country made a Province. Dio. 680. lib. 60. where they placed a Colony of old Soldiers, and reduced this part of the Isle into the form of a Province. In Honour of this Victory, Claudius was divers times saluted Imperator, contrary to the Roman Custom, which permitted it but once for one Expedition: The Britain's after this were Disarmed, but he remitted to them the Confiscation of their Goods; for which Favour, they erected a Temple and Altar unto him, honouring him as a god: he leaving Plautius to Govern these, and Subdue others, returns to Rome, having sent before his Sons-in-Law, Pompeius and Silanus to the Senate, with the News of the Victory; who Decreed, he should be called Britannicus, and that his Son should have the same Title, as a Surname, proper and Hereditary to the Claudian Family. Messalina his Wife had the first place in Council assigned her (as Livia, Tiber. Claudius, etc. Emperor. Caractatus King 44, 45, 46, 47, etc. Years after Christ. the Wife of Augustus, sometime had) and was also Licenced to Ride in a Chariot when he came to Rome (which was the Sixth Month after his departure thence, having continued but Sixteen days only in the Isle) he entered the City in a most splendid and extraordinary Triumph, whereat many Precedents of Provinces, and Banished Men were permitted to be present; on the top of his Palace was placed a Naval Crown, set with Stems, and Foreparts of Ships, as a sign of the Conquest of the Ocean; Divers Commanders, that had served under him in Britain, were Honoured with Triumphal Ornaments; yearly Plays were appointed for him, and Two Triumphal Arches, adorned with Trophies, were erected, one at Rome, the other at Gessoriacum, to remain to succeeding Ages, as perpetual Monuments of this Victory. This Memorable Triumph happened about the 46th Year of our Saviour Christ, as some considerable Authors do Compute the time. Plautius' Recalled: P. Ostorius sent in his stead. Tacit. Ann. lib. 12. cap. 31. f. 195. Not long afterward Plautius was Recalled, and P. Ostorius Scapula sent in his stead; who, at his Landing, found all things unquiet; the Britain's that were yet Unconquered, Harassing the Countries of those that had yielded, and were become Subject to the Romans; supposing, that the new Lieutenant, unacquainted with his Army, and that Winter being then begun, he would not March forth to oppose them; but he knowing, that first Events either beget Fear or Confidence, with his most ready Cohorts made towards them, killing such as resisted, and pursuing the Stragglers, lest they should Embody again; And that an unsafe and Faithless Peace, might not give, either the Lieutenant or Soldiers, a time of Idle Repose, he Disarmed those he suspected; and, to secure them, encompassed them with Garrisons placed on the Rivers (l) Cam. Brit. 376 Aufona, now Nen, or Nine, whose two Fountains arise not far from Daventree in Northamptonshire; where, and at Gildsborough, are yet to be seen two large Military Roman Forts; as also Bannaventa, now Wedon, on the Street, and Durobrivae, now Castor in this Shire, and Chesterton in Huntingtonshire, There 369, 379. There 329. Cam. Brit. 168. There 556. were both Roman Stations, and seated upon this River. Antona and (m) The River Severn. Sabrina: The first that refused this Yoke, were the (n) People that inhabited Northfolk, Suffolk, Cambridge and Huntingtonshires'. Iceni, a stout People, and unshaken with Wars; who, on their own accord, in former times, sought Alliance with the Romans. The Counties near adjoining following their Example, take up Arms, choosing, for their Security, a place compassed with a rude Trench, and a narrow passage, that might hinder the Entrance of Horse. The Lieutenant, although he wanted the strength of his Legions, yet he attempted that Fence with the Auxiliaries only; and having placed them in due order, and giving the Sign, they assayl the Rampart, and break it, disordering the Britain's; who, seeing their way of escape hindered on all sides, The Iceni and other People beaten. shown great courage, and behaved themselves bravely. By this Slaughter of the Icenians, others fluctuating between Peace and War, were settled and quieted, and the Army was led against the (o) People that inhabited some part of Somersetshire about Mendip-Hills, and near the Sea which looks toward Ireland. Cangi, whose Country was wasted as far as the Coast toward the Irish Sea, the Inhabitants not daring to come into the Field. At this time the (p) Yorkshire, Lancashire, Bishopric of Duresme, Westmoreland and Cumberland. Brigantines began to Tumultuate, which brought back the General, The brigants subdued. who thought it best, not to enter upon any new Action, until he had secured those parts; where, Tiberius Claudius, Emperor, Caractacus 46, ●●, etc. Years after Christ. having killed such as took Arms, and Pardoned others, all things were presently settled. But the (q) Hereford, Radnor, Brecknock, Monmouth, and Glamorganshires'. Silureses were neither by Cruelty, or Clemency, to be reduced, without a War, and Garrisons; To that end the Colony at Camolodunum was strengthened with a strong Power of old Soldiers, as well for a Defence against Insurrections, as to Instruct their Allies in the Roman Laws and Civility: Cogidunus also, a British Prince, and sure Friend and Confederate of the Romans, Tacit. de vita Agric. c. 14.457. had certain Cities given him, according to an ancient Custom among them, who used even Kings themselves as Instruments of Bondage, and enslaving others. The Silureses, valiant of themselves, yet confided much in the Courage of Caractacus, who, by many doubtful, many prosperous events, had obtained a Reputation above all the British Princes. But as in Policy, and Knowledge of the Country, he had the advantage of the Romans, so perceiving himself inferior in strength, he transferred the War unto the (r) Montgomery, There 466. There 521. There 446. Merioneth, Caernarvon, Denbigh, and Flintshires. Ordovices, who joining in the Action with him (as alike fearing the Roman Peace or Servitude) resolved to try the Fortune of War; having chosen a place for Battle very commodious for themselves, but disadvantageous to the Romans; the Hills steep and craggy, and wheresoever there was an easy Avenue, it was fortified with Stones in manner of a Rampart; a (s) In the Place in Shropshire, where the Rivers Tem and C●un meet, in the edge of it, toward Herefordshire, is a Hill called Caer Carado●, so named from Caratacus, where yet are to be seen the Relics of these Stone Rampires, and where was Fought this Memorable Battle. River also of unsafe passage, and guarded with the best Soldiers, was to be Forded. The Commanders went about encouraging the Soldiers, and Caractacus himself nimbly speeding up and down, hither and thither, Protested, That Day, and that Battle, should be the beginning of Recovery of Liberty, or of Perpetual Servitude, and more to that purpose; which so heigtned the spirits of the People about him, that they Shouted, and Swore, every one, according to the Religion of his Country, That neither the Enemy's Weapons, nor their own Wounds should make them give back: Their Cheerful Shouts astonished the Roman General, as likewise the River, Rampires, high Hills, and all things on every side threatening danger and destruction to the Assailers, affrighted him: But the Soldiers urging to Battle, crying out, There was nothing which Valour could not overcome; the Prefects and Tribunes using the same Arguments and Speeches, added courage to the whole Army. Then Ostorius circumspectly viewing those places which were inaccessible, and those which were passable, led on his Soldiers, and without difficulty Forded the River. Then approaching the Rampart, while they fought with Darts the Romans were worsted; but they having, by the help of a (t) 'Tis probable this was a Testudo made of Board's and Raw Hides, etc. under the covert of which the Romans usually Assailed Walls, etc. Testudo, broken down their rudely compacted heaps of Stones, both Armies coming to a close Fight, the Britain's fled to the tops of the Mountains, Tiberius Claudius, Emperor, Caractatus, An. Dom. 53, 54, etc. and were pursued both by the (u) The Light-Armed, or Velites, were such as Skirmished, or Fought first in an Army; their Weapons and Armour, were, a Sword, a small Spear, or Dart, a little round Target made of Wood and Skins, and a Cap made of Wool, of some Beast's Skin. The Heavy-Armed, or the Principes Triarii, or Body of the Army, etc. their Weapons and Armour were, a heavy Shield, a Sword, a heavy Wooden Dart Armed with Iron 3 Cubits long, a Brass or Iron Helmet, a Coat of Male, or a great Iron Breastplate, and a pair of Iron Roots. Light and Heavy Armed Soldiers; who, being assailed with Darts, only proceeded in close order, and broke the Ranks of the Britain's, which had neither Helmet nor Armour to defend themselves; and being hedged in between the Legionary Soldiers and (x) The Legions were taken out of the Body of the Romans, the Auxiliaries were such Forces as the Neighbour and Confederate Countries sent unto them. Auxiliaries, were most of them slain. Caractacus his Wife and Daughter taken, etc. He is Betrayed by Cartismendua. This was a Famous Victory, wherein Caractacus his Wife and Daughter were taken, his Brothers yielding themselves, but he escaping to Cartismandua Queen of the brigants, against her Faith and Obligation to him, was delivered bound to the Romans, having maintained War with them 9 Years, as Tacitus; but as Dio more clearly relates it, only Seven: his Fame was spread through the Isle and Provinces adjoining, and his Name Celebrated in Italy; many desiring to see who he was, that had withstood, and contemned the Roman Power so many years; They spoke not Ignobly of him at Rome; and Caesar, by extolling his own Victory, added Glory to him he had Conquered: being brought thither, the People were Convented, as to some famous Spectacle; the Emperor's Guards were orderly placed in Arms; then came first the King's Servants, with the Trophies won in other Wars; next, his Brothers, Wife, and Daughter; last of all himself. The Carriage of others was low and pitiful, he only behaving himself like a brave Prince and bold Britain, both in Words and Gesture; That, by his Speech, and Constancy of Mind, he so prevailed upon Caesar, as to Pardon and Release him, his Wife, Daughter, and Brethren; they all unbound, applaud and thank him; as also his Wife Agrippina, who sat by in a Chair of State, a new and unaccustomable thing, for a Woman to preside among the Roman Cohorts and Ensigns. To Ostorius a Triumph is Decreed; the Senate esteeming this act of his equal with theirs, that had shown in Bonds to the Roman People the greatest and most renowned Kings; after this, his Success proved ambiguous, or began to decline, whether because that Caractacus, the object of his Valour, being removed, he supposed he had made a Complete Conquest, and therefore prosecuted the War the more carelessly; or else, that the residue of the Britain's, commiserating the Misfortune of so great a Prince, did meditate Revenge, and fell upon the Legionary Cohorts, left behind, to establish Garrisons amongst the Silureses, The Silureses Arm killing the Perfect and Eight Centurions, besides many of the stoutest Soldiers; and, had not speedy Relief come from the adjoining Forts and Castles, they had put all the rest to the Sword: nor was it long after, that they beat and routed the Roman Foragers, and the Troops sent to their Assistance. Ostorius sending fresh Recruits, could not stay their flight, until the Legions came in, by whose power the Battle was made equal, and afterwards inclined to the Romans; the Britain's escaped with little loss, because the day was spent. The chief Motive that induced the Silureses to Arm, was a report, Tiberius Claudius, etc. Nero Claudius Caesar. Anno Dom. 56, etc. that the Emperor should say, He would root out the very Name of them; they therefore intercept Two Auxiliary Cohorts, by the Avarice of their Commanders, securely plundering, and liberally distributing the spoils and captives amongst them, drew others to Revolt; troubled at these things, Ostorius dies, the Britain's rejoicing, And Why. Ostorius Dies. although no Battle had taken him off, yet a cross War had worn out so great a Soldier. Caesar being advertised of his Death, Aulus Didius made Lieutenant. sends Aulus Didius in his place, who, notwithstanding the hast he made, found things in great disorder; Manlius Valens having, with his Legion, encountered the Britain's with ill success; the Silureses made Inroads into the subdued Country, until they were repelled by Didius. After Caractacus was taken, Venusius, next to him in Military knowledge, a Prince faithful to the Romans, and protected by them, so long as his Queen Cartismandua continued Loyal to him, she being Queen of the brigants, and much in the Romans favour, for betraying, and delivering up Caractacus, rejected her Husband, Tacit. Hist. lib. 3. cap. 45.380. Marrying Vellocatus his Esquire, and making him King; The War at first seemed private amongst themselves, until she had, by craft, taken Venusius his Brother, and some other of his Relations; who, by the help of his Neighbours, and the defection of the brigants, abhoring so base an act, soon reduced her to great extremity; she, Tacit. lib. 12. Anno 198. begging Aid of the Romans, who, after a sharp and doubtful Conflict, in the end obtained the Victory, rescued the Queen from danger, took the Kingdom from the King, and brought a War upon themselves. The like success Caesius Nasica had with his Legion: Didius Superannuated. for Didius himself growing old, and fit to Direct then Execute, used the Ministry of other Men, designing to keep what his Predecessors had gotten, built only some Castles and places of strength within the Land. This was the state of Affairs in Britain when Claudius died, leaving Nero Claudius Caesar, his Adopted Son, to succeed him. 'Tis probable the Christian Religion was brought from Rome into Britain in Claudius his time, either by such as returned with the Romans, that were Banished with Adminius by his Father, or by such as might return again after his first or second Triumph, whether Slaves or Hostages, for no doubt but he had of both these sorts of People; Captives from such as he Conquered, and Hostages from such as yielded, both which served to adorn them, and were exposed to public view, for the greater Celebrity of these Triumphs; so that whereas Gildas says, The entrance of Christianity was, Summo Tiberii Caesaris, it must be understood of this Tiberius Claudius Caesar; Christianity first in Britain. Suet. Claud. c. 17.526. for from the time that Julius Caesar left this Island, it was attempted by none until Claudius; neither is Gildas his Relation certain, but conjectural only, and is to be expounded according to the sense of Eusebius, from whom he had it, as appears by his mention of the Edict of Tiberius, which I find not where else, unless related from him, and is to be understood of the first and general propagation of Religion through the World, which Eusebius there recounts, Euseb. Eccles Hist. Bas. Ed. lib. 2. c. 2, 3. and by conjecture only, or (as it seemed to him) probable consequence, in Britain also: But by whom the Gospel was brought hither, is uncertain, and whether by Jacobus Zebedaeus, Simon Zelotes, Antiq. Brit. c. 1. Simon Peter, St. Paul, or any of them, it is not sufficiently made appear by Archbishop Parker, Nero Claudius Caesar. Anno Dom. 58, 60, etc. Bishop Godwin, Archbishop of Armagh, Sir Henry Spelman, or any of the Anglican Church; nor proved by Cardinal Baronius, Father Parsons, Father Alford, or any of the Romish Persuasion; De Pras. l. Ang. c. 1. De Primord. Eccles. c. 1, etc. De Exord. Christian Religion, in his Counsils. Baron. Tom. 1.512. Parsons, de Tribus Conu. Book 1. Alford. Ann. Eccles. Brit. fol. 11. and so forward. Polydor. Virg. Histor. Argl. lib. 2. fol. 19 Tacit. de vit. Agric. c. 14.457. or whether it arrived here by any of the Apostles, or by any from them, by Special Mission, or Designation, or by accident, as Polydor Queries in the Story of Joseph of Arimathaea, it cannot be made out; It is most probable, and rational to assert, that it came into Britain, by Commerce with the Romans, as by that the Manners of the Britain's were Cultivated, and their Barbarity Civilised, by some Converted Captives, Hostages, or Fugitives, or with the Business and Traffic here, of some other Christians of less note; and whether it were from Rome, or any other place, the matter is not much. Veranius succeeded Didius in the Lieutenancy of Britain, and died within a year; after him the Government was assigned to Suetonius Paulinus, one of the most famous Military Men of his age, who established what was gotten, and proceeded to Conquer further, until he came to the Island (y) The Isle of Anglesey in Wales. Mona, which was well Peopled, and a Receptacle of Fugitives: he makes flat-bottomed Vessels, in which he passed his Foot over the Shallows and Sands, and his Horse following, Suetonius Paulinus. Tacit. lib. an. 1●. cap. 30.250. There 250, 251 either forded the Shallows, or Swum. Upon the Shore stood divers Bodies of Armed Men, the Women in dismal Habit, like Furies, ran up and down with their Hair about their Ears, and Firebrands and burning Torches in their hands; the Druids (z) Their Priests, of whom afterwards. lifting up their hands to Heaven, filled the Air with hideous Cries and Curses. The Roman Soldiers were astonished at the Novelty of the Spectacle, and, like Men Enchanted, as if all their Limbs were rigid and benumbed, stood still while they were wounded, until the General spoke, and encouraged them not to fear a heard of silly Women, or a Fanatic Multitude; when they fell on, knocked them down, and threw them into their own Fires: after this they placed Garrisons in their Towns, and cut down their Woods and Groves consecrated to cruel Superstitions, The cruel Superstition of the Britain's in the Isle of Anglesey. for they Sacrificed the Blood of Captives upon their Altars, and Praedicted their Success, by the Inspection of the Entrails of Men. While Suetonius was busied here, he had News of a sudden Revolt of the Province; Prasutagus, King of the Icenians, famous a long time for his Wealth and Opulency, made Caesar Coheir with his two Daughters, There, Ch. 31.251. thinking thereby to preserve his Kingdom and Family from injury; but it happened otherwise, his Kingdom was seized on, and harassed by Centurions, his House became a Prey to their Servants and under-Officers, his Wife Boodicia (a) Boodicia, vodica Boadicea, according to some, or as Dio, Bunducia. was Whipped, his Daughters Ravished, the Chief of the Icenians, as if the Romans had received the whole Country by Gift, were deprived of their Goods, and dispossessed of their Estates, and his Kindred made Slaves; Dio. lib. 62.701. Seneca, one of Nero's Counsellors, having forced many of the Chief of the Britain's to take great Sums of Money of him upon Usury, did then, for his private gain, exact the Payment of it, on a sudden, to their utter ruin; and Decianus Catus the Procurator in Britain, renewed the Confiscation of their Goods, which Claudiws had remitted. The Colony at Camalodunum thrust the Owners and Ancient Inhabitants out of their Houses and Possessions, calling them Vassals and Slaves; the Temple also erected to Claudius was a great burden to them, while the Priests that attended there, under pretence of Religious Deuce, seized each Man's Goods. To these common Grievances of the afflicted People, the present opportunity seemed to offer means of redress, while the Roman General was in Mona: The Iceni being made a Province, The Iceni and Trinobantes Revolt. There 701, and inciting the Trinobantes, and other Nations (not wholly brought under subjection) to do the like, take Arms, and resolved to free themselves. About this time divers Prodigies were observed to portend the Sub version of the Roman Colony, to wit, Tacit. ann. lib. 14. c. 32.251. Prodigies. the Image of Victory falling down Reversed at Camalodunum, Strange Noises heard in the Air, Strange Apparitions seen in the Sea, the Ocean, in show, Bloody, and the Print of men's Bodies upon the Sands, and certain Women, in Ecstasy, foretold the Destruction to come: These things, as they terrified the Romans, so they added courage to the Britain's: and because Suetonius was far absent, the Colony required help of Decianus the Procurator, but he sent them no more than 200, and those ill Armed: The Soldiers, trusting to the Protection of their Temple, and not mistrusting the Conspiracy of some amongst them, that favoured the Britain's, neither Fortified themselves, nor sent out of the Colony the Old Men and Women, and such as were not able to bear Arms; the Old Soldiers flee to the Temple, which was Besieged, and in two days forced: Petilius Cerealis, Lieutenant of the Ninth Legion, coming to their Relief, was met upon the way, his Legion routed, all his Foot slain, he escaping, with the Horse, into the Roman Camp; Catus, whose Rapine and Extortion had partly caused this Insurrection, fled into Gallia: But Suetonius, There c. 33.252. with wonderful presence of Mind, Marched through his Enemy's Countries to London (a place not known at that time by the Name of a Colony, but famous only for concourse of Merchants and Traffic) being doubtful whether he should make that the Seat of War, he viewed his Soldiers, and considering the small number of them, and the rashness of Petilius, resolves, with the loss of one Town, to save the rest; nor was he moved with the Prayers or Tears of any that desired him to stay, but giving the Signal of Departure, took with him such as were able and willing to go; such as through weakness of Age, or Sex, or for love of the place, stayed behind, were oppressed, and perished by the Enemy. (a) The Ruins whereof are in, and near St. Alban in Hartfordshire. Verulamium, a Roman Free-Town, had the same fate, for the Britain's passing by the Forts and Garrisons, assailed the Richest Places, and most easy to be won, lading themselves with the Spoils of their Enemies, whom they Hanged, Burned, and Crucified, There, c. 33.252. using all the cruelty, and inhuman outrage, that a Giddy-Rabble, elated with success, could think of; they took no Prisoners, either to preserve them for Ransom, or Exchange, according to the Laws of War, but cut in pieces both Romans and their Allies, 80000 Romans slain. Dio, lib. 62.700. There, lib. 62.701. to the number of 70 Thousand, or as Dio, 80 Thousand. They hanged up naked the Noblest and Honestest of their Matrons, cutting off their Breasts, and sowing them to their Mouths, that they might seem to eat their own flesh; Nero Claudius Caesar, Anno Dom. 62, 63, etc. these things they did, while they Sacrificed and Carouzed in the Temple of Andate their Goddess of Victory. Suetonius with the Fourteenth Legion, the Standard-bearers of the Twentieth, and some Auxiliaries, about Ten Thousand, resolved to encounter the Britain's, and without delay prepared for Battle, having chosen a place with a narrow entrance, and a thick Wood for defence behind him, Tacit. 14. Annal. c. 34.252. and before him a wide Plain; the Legionaries were drawn up in close order, being encompassed with the Light-armed, who always Fought first, and moved as occasion offered itself, the Wings consisted of Horse: in the mean time the Britain's ranged abroad in great Companies and Brigades, triumphing, and supposing now no Force able to resist them, so that they brought their Wives, and placed them in Wagons about the utmost parts of the Plain, to behold the Slaughter of the Romans, and to be Witnesses of their expected Victory; Boadicia Commands the Britain's. Boadicia Commanding in Chief, mounts a Chariot, with her two Daughters, and coursing about (or standing upon an heap of Turfs, as Dio Reports) uses many Arguments to Bespeak the Courage of her Army, Dio. lib. 2.704. or rather Rude, Insolent, Undisciplined Multitude, consisting of 230 Thousand; at last, persuading them to pursue their Enemies, Dio. lib. 62.703. as Dogs and Wolves do fearful Hares and Foxes, she let out of her Lap a live Hare, at whose running through them, the Britain's Shouted, apprehending it Ominous, and foresignifying the Romans Flight; Suetonius, though he perceived not his Soldiers to be terrified with the great Numbers of their Enemies, yet exhorts them to fall on boldly, and keeping close together, to continue the Fight, which could not be long, after they had broken their Front, the rest being but an irregular unweildly Multitude: The Legions kept the Straight as a place of Defence, Tacit. 14. ann. c. 37.253. while the Britain's had spent their Darts, and then Marched into the Plain, where the Auxiliaries and the Horsemen making way, The Britain's Overthrown. they, as an irresistible Wedge, broke and dissipated whatever opposed them; the rest fled, but could not easily escape, by reason of their own Wagons, which were placed about the Plain; they spared none, and the dead Bodies of Men and Women, were mixed on heaps together with the Carcases of Horses. The number of the Britain's, 80000 Slain. There. Dio. lib. 62.706. Tacit. 14. ann. c. 38.253. said to be slain, was 80 Thousand; of the Romans 400, and about as many wounded: Boadicia Poisoned herself, according to Tacitus, but Dio says she died of Sickness, when the Britain's had prepared for another Battle. Suetonius drawing together his Army kept the Field, with design to finish the War, and Caesar out of Germany augments it with 2000 Legionaries, 8 Cohorts of Auxiliaries, and 1000 Horse, who being disposed into their Winter Quarters, from thence they wasted with Fire and Sword all such Countries as opposed them, or were wavering in their obedience. But Famine was the greatest Enemy to the Britain's, who neglected to till their Lands, making account to supply themselves with the Spoils and Provisions of their Enemies: Nevertheless, the hardiest and stoutest People and Nations, were not inclinable to Peace (although somewhat courted to it) by reason of Suetonius his too much severity to those that yielded; they also deferred their Submission, Julius Classicianus Procurator in Britain. for that Julius Classicianus, who succeeded Catus in the Procuratorship, being an Enemy to Suetonius, reported, That a new Lieutenant was coming, who, without the Rigour and Pride of a Conqueror, would kindly receive into Favor such as yielded; he likewise Wrote to Rome, Nero Claudius Caesar, Anno Dom. 62, 63, 64, etc. That there was no end of the War to be expected, while Suetonius continued in the Government: That his bad success was to be referred to his ill Management of Affairs, and his good, to the Fortune of the Commonwealth. To compose this Difference between the Lieutenant and Procurator, and reconcile them, Nero sent Polycletus, a Libert, Polycletus sent an Arbiter into Britain. or one he had Manumitted from Servitude, with some hopes that he might quiet, and appease the Minds of the Tumultuating, and Exasperated Britain's; There, c. 39.253. he appeared in Britain in the same state and Equipage he had done in Italy and France, and was received by the Soldiers with fear and Reverence: but it seemed a Ridiculous thing to the Britain's, that so great a General, and such a Victorious Army, should give an account of their actions to a Slave: These things, however they were in themselves, yet to the Emperor they were so represented, that Suetonius, after the loss of some of his Shipping upon the Shore, was commanded (the War not being finished) to deliver up his Army to Petronius Turpilianus, Petronius Turpilianus. he neither being troublesome to the Enemy, nor molested by them, speciously imposed upon his own sloth and easiness, the most acceptable name of Peace, he being unacquainted with the Temper and failings of the Britain's, the more easily remitted them, and having attempted nothing of moment, delivered up the Province to Trebellius Maximus, Trebellius Maximus. who was yet more slothful, and Ruled by the Mildness of his Temper, and not by any sufficiency, or experience in War; he was contemned and hated of the Army for his Avarice and Sordidness; and their dissatisfaction was fomented by Roscius Caelius, Commander of the Twentieth Legion, who objected to Trebellius, the Defrauding and Impoverishing of the Legions; and he again to Caelius, Sedition and Want of Discipline: Trebellius fled from the Rage of the Army, yet returning again to his Command, Ruled precariously, and by Capitulation with the Soldiers. In the 63d Year of our Saviour, and in Nero's time, 'tis Storied, That Joseph of Arithamaea, with I know not who besides, Joseph of Arimathea, his coming into Britain but a Story. came into Britain, for the Propagation of Christian Religion, and settled themselves at Glastonbury, etc. as it is declared at large in the Famous Narrative of his coming hither: but I confess I cannot see any reason there is that this Story should be reputed Authentic, for it is first related by William of Malmesbury, who Lived and Wrote in the Year 1130, or thereabouts, and is taken from the Chart, or Epistle rather of St. Patrick, Monasticon, Tom 1. fol. 11. which is Printed in the Monasticon of the Learned and Laborious Dugdale, wherein Josephus is not mentioned, only the Twelve Disciples of Philip and Jacob; it relisheth of the humour of those ancient times, and seems to be a farce of great improbabilities, and untilligible stuff, and not unlike the many ridiculous and incredible Relations of Saints, Miracles and Relics, which were Recorded in the Monastery, and are published by the same Worthy Author. Besides, Patricius came hither, There. An. Dom. 433. and in this Epistle enumerates 12 Brethren he found there, and gives some of them pure Saxon Names, when as the Saxons came not into Britain until the Year 449. as Bede Reports, or in 458, Bede Eccles. Hist. lib. 2. c. 5. as the same Story of Glastonbury in the next Page, Line 20, seems to intimate. Nor was this History either Notorious or Current in V Bedes time, Nero Claudius Caesar, Anno Dom. 62, 63, 63, etc. Titus Flavius Vespasianus, Anno Domini 70, 71, etc. for he takes not the least notice of it, nor have any of the Moderns, with any reasonable probability, confirmed it. Nero having Killed himself, from the time of Trebellius, Britain was Ruled by Lieutenants of the Legions in equal Authority (only Caelius was most active, and dared most) until after the short Reigns of Galba and Otho; Suet. Nero. c. 49.647. Vectius Bolanus Governor in Britain. Tacit. de vit. Agric. c. 6, 17.458. There. Lib. 3. Histor. c. 44.380. Vitellius having obtained the Empire; sent hither Vectius Bolanus, who was not much unlike Trebellius, save that, by the mildness of his temper, in stead of striking fear and terror into the Britain's, he had procured their love and affection; who took occasion from his easiness, and the Divisions and War that happened from the Contention of Vitellius and Vespasian for the Empire, to revolt in several parts of the Isle, and some of them openly to declare in favour of Vespasian, who had behaved himself nobly and honourably in Britain in Claudius his time, so that for this cause Bolanus refused to send any of the Legions, or to give Vitellius any assistance from hence: who being slain, his Death ended those Civil Dissensions. Suet. Vitell. c. 17.725. Tacit. de vit. Agric. c. 17.458. Petilius Cerealis Propraetor in Britain. An. Dom. 73. brigants Overcome. So soon as Vespasian had, with the whole Empire, recovered Britain, he employed there great Captains, and a Powerful Army; Petilius Cerealis his Lieutenant struck terror into the Britain's, invading the Country of the brigants, the most Populous of the whole Province, the greatest part whereof, after many bloody Battles, he either Conquered, or Wasted, by which Action, he much abated the hopes and courage of the Britain's; nor was the Reputation of his Successor Julius Frontinus, Julius Frontinus Succeeds him in the Lieutenancy, A. D. 76. The Silureses Subdued. Agricola succeeds him, A.D. 79. There, c. 18. lessened by his Fame, he subduing the Silureses, a strong and Warlike Nation, not only by fight with the Men, but encountering Mountains, straits, and places of difficult access. In this condition Agricola found Britain, when he came in the middle of Summer. The Roman Soldiers being as it were secure, and their Enemies taking every opportunity of advantage against them; the Ordovices, a little before his Landing, had destroyed a Wing, or Brigade of Horse that lay upon their Borders. The Country alarmed with this beginning, and being inclined to War, allowed the Example; yet some stayed to see how it would affect the new Lieutenant: Then Agricola, although the Summer was spent, and the Cohorts lay dispersed in the Province, and the Soldiers presuming of Quiet that Year (judging it better to secure the suspected places, then make any new attempt) resolved to meet the Danger; and drawing together the Legions, and some Auxiliaries, and because the Ordovices durst not descend into the Plain, he himself, to encourage the Army, Marches first in the Front, up the Hills, The Ordovices almost Extirpated. and by this Enterprise he almost destroyed the whole Nation; and following his Success, he designs the taking of the Isle Mona, from the Possession whereof Paulinus had been revoked by the General Insurrection of Britain; But Ships being wanting, his Policy and Resoluteness devised a Passage; for he commanded the most choice of the Auxiliaries, to whom the Shallows were known, and who, according to the Custom of their Country were able to Swim over with Horse and Arms, suddenly to Invade them; which so Amazed the Inhabitants, who expected Ships and Boats to Waft them over; Titus, Flavius, Vespasianus. Anno Dom. 70, 71, etc. That now believing nothing could be hard or invincible to Men of their Resolution, begged Peace, and yielded the Island. Thus Agricola became great and famous; Mona ●ielded. because at his first entrance, he used that time in the achievement of laborious and dangerous Enterprises, which others spent in vain Gratulations and Ambitious Ceremonies. He called not Success, and the Depression only of People subdued, a Victory; but understanding the humours and inclination of the People, and taught by the experience of others, That Arms prevail little, where Violence and Injuries are permitted, he resolved to cut off all causes of War, beginning first to Reform his own House and Family; The Wisdom of Agricola. he committed no Public Affair, either to his (b) Liberts, were such as were Manumitted from Bondage, or Slavery. Rosin. Ant. lib. 1. cap. 20. Liberts, or Slaves; he received no Soldier near him, upon private affection, or the Commendation and Petition of Centurions, There, c. 19 but elected and preferred the best and most serviceable; he observed all things, but punished not all Faults, small ones he Pardoned, and for great ones used a suitable Severity: not always animadverting upon Offenders, but ofttimes satisfied with Repentance; he chose rather to prefer such to Offices, and the Administration of Affairs, as were not likely to offend, then after the offence to punish and remove them: And Justice. he equally imposed the payment of Corn, and Tribute, taking away the Exactions, and Fees of Officers, heavier than the Tribute itself; for the Publicans in former time forced the People to wait at the Barn Doors, which were shut against them, first to buy Corn of them at dear rates, and afterwards to sell it them again cheap, and at their own price; they were also often appointed by the Purveyors to carry Provision from places near one Winter Camp, to others far off, and out of the way, taking a composition of such as would be excused: There, c. 20. By Repressing these Abuses and Extortions in his first Year, a good Opinion was conceived of Peace, which either by the negligence or partiality of former Lieutenants, was no less dreaded than War. By his sudden Incursions and Assaults, the Summer following, An. Dom. 80. Agricola's Arts to Subdue the Britain's, and cause them to submit. by his Prudence, Diligence, and Activity in War, he very much terrified the Britain's, and then again he would forbear them, and assay to reduce them, by Invitations and Allurements to Peace. Whereupon many Cities, which before would not submit, gave Hostages, and received Garrisons; There, c. 21.459. His Practices to change their Manners. The next Winter he spent in most wholesome and subtle Counsels, and Designs, for that he might, by Pleasure, accustom rude Men, who lived dispersed, and were therefore prone to War, to Ease and Quiet, he privately exhorted, and publicly assisted them to build Houses, Temples, and Courts of Justice, They build Houses, Temples, and Courts of Justice. commending such as were forward, and chastising the slow and idle, raising among them an emulation to this undertaking, from force and necessity, which they perceived not; he caused also the Nobleman's Sons to be instructed in the Liberal Arts, preferring the Wits of Britain before those of Gallia; by which means they became very desirous of Roman Eloquence, that before refused the Language, after that the Roman Habit came in Fashion, and the Gown was much used, and so by little and little, they proceeded to the common Provocations of Vice, Titus Flavius Vespasianus, filius. Titus Flavius Domitianus, Anno Dom. 80, 81, 82, etc. Sumptuous Buildings, Baths, and Exquisite Banquet, which things the ignorant People called Civility, when as they were intended as preparatives for Bondage. In his Third Year he discovered New Nations, wasting all before him unto the Frith of (c) The Frith, or Firth of the River Tay in Straythern in Scotland, between Fife South, and Angus North. Taus; he was so dreadful to his Enemies, They use Baths and Banquet, etc. Flavius Vespasianus Dies. Anno Dom. 81. There▪ c. 22 His Son Titus Succeeds. His Skill in Raising Forts, etc. Anno Dom. 82. There, c. 23. that although his Army was wearied with many sharp Conflicts and Tempestuous Wether, yet they dare not oppose him, but permitted him to build Fortresses and Castles where he pleased: wherein Agricola was either so skilful or fortunate, that no Fort or Castle of his erecting, was either taken by Force, Surrendered upon Conditions, or Quit as not Defensible. By Eruptions out of these, made Impregnable by continual Relief, he so straightened the Enemy, whose custom it was, to attempt in Winter what they lost in Summer, that their condition was now alike at all times. His Fourth Year was spent in viewing and settling what he had overrun; and if the Valour of his Army, and the Glory of the Roman Name could have so permitted it, there had been no need of seeking other Limits of Britain then were at that time Discovered. For (d) Glota, now Dunbrittain Frith, and Bodotria, now Edinburgh Frith. Camb. Britan. 701. Glota and Bodotria, two opposite Arms of the Sea, shooting into the Land, are divided by a narrow portion of Ground, which was Guarded with Garrisons and Castles, so that the Romans possessing all on this side, had removed their Enemies, as it were, into another Island. Anno Dom. 83. There, c. 24.460. Domitian. In the Fifth Year of the War, and the First of Domitian, he Conquered and Subdued (e) Probably the Orcadeses, and other Scotch Isles. Nations, until that time unknown, and had a Design upon Ireland; one of the Petit Kings whereof came unto him, being expelled thence by Domestic Sedition, whom he received and treated with great show of Friendship, but retained him for the first opportunity he should have to use him. Anno Dom. 84. There, c. 25. A Fleet first used by Agricola. In the Sixth Year of his Government, because a General Insurrection of all the Nations beyond Bodotria was feared, and that his passage by Land might be Impeached, he Equipped a Fleet, which, by the Appointment of Agricola, became first an Addition to the Roman strength, and by which Sailing along their Shores, and bearing up their Friths and Creeks, he made War upon them both by Sea and Land: Oft-times both Sea and Land-Forces mixed in the same Camp, each side extolling their Adventures, some, in a Military Ostentation, talked of the Woods and High Mountains they had passed, others of the Dangers of Rocks and Tempests, some of Lands and Nations, others of the Seas and Ocean they had subdued. The Britain's (as it was understood from Prisoners) were much amazed at the sight of the Navy, as if their Seas being discovered, there would be no way left for them to escape, if they were overcome. Nevertheless the (f) Caledonians. That part of Britain which lieth Northward beyond Graham's Dyke, or the Wall of Antoninus Pius, commonly called Severus his Wall, in the Straight between Glota and Bodotria, was called Caledonia. Caledonians Arming with great preparation, began to Assail divers Castles, and some of the Roman Captains being Cowards, Titus Flavius Domitianus, Anno Domini 84, 85, etc. under pretence of Prudence advised the General to retire on this side Bodotria, and rather to Retreat on his own accord, then to be driven back with shame: In the mean time he understood, that the Enemies would make their Eruptions in several Bodies; and lest they, being much superior in number, should enclose him, he also Marched with his Army, in three Divisions, which, when known to the Caledonians, they suddenly changed their Resolutions, and uniting their Forces, fall upon the Ninth Legion, as being the weakest, The Ninth Legion almost destroyed. There, c. 26.460. and having slain the Sentinels (partly asleep, and partly amazed with fear) they broke into the Camp, and were Fight within the Trenches; when Agricola had intelligence from his Scouts, which way they were gone, he speedily Marched after them, and commanded his Lightest Horse and Foot, to Charge them in the Rear, and the rest to make a great Shout: the Day dawning, the Glittering of the Roman Ensigns dazzled the eyes of the Britain's, who, after a very sharp Fight, The Caledonians beaten. in the very Gates, or entrances of the Camp, drew off to the Woods and Bogs which secured them, otherwise the War had been then finished by a complete Battle. Upon this Success, There, c. 27. the Soldiers presuming all easy and open to their power, cried out to be led into Caledonia, that with a continual course of Conquest they might find out the utmost bounds of Britain: now such as before the Battle, were so wary and wise in advising the General to Retreat, began to speak glorious things of themselves (such is the condition of War, that in prosperous events all claim a share in them, but Misfortunes are commonly imputed to one:) Notwithstanding this, the Britain's abated not of their Courage, attributing the Victory more to the Policy and Art of the General, than valour of the Soldiers, who, transporting their Wives and Children into places of safety, The Caledonians Associate● by frequent Assemblies and Religious Rites, entered into an Association and Confederacy against the Romans, and so both sides being incensed, Retreated. That Summer a Cohort of Germans, having slain their Centurion, Britain's first discovered to the Romans to be an Island. and other Roman Officers appointed to Discipline them, got, to save themselves, into some light Vessels, without a Pilot, and by Tide and Wether were carried round the Coast of Britain, exercising Piracy where ever they Landed, and were the first Discoverers to the Romans that it was an Island. In the beginning of the Summer following, An. Dom. ●5. There, c. 29.461. Agricola sent his Navy before to lie upon the Coasts, with order to Land some time in one place, some time in another, and so to distract and terrify the Britain's, while he himself, with an expedite Army, in which were some of the most Valiant Britain's, such, as by long experience, he had found faithful, Marched on to the Mountain Grampius, (g) Gramp-Hill, now Grantzbain, gins not far from Grahames Dyke, Northwards, There. being a crooked bending Mountain, extending into Athol and Murray. where the Britain's, above 30000 were Lodged, who yet increased, by the Affluence of stout young Men, and also of such old Men as were vigorous and lusty, and had been long practised in War; amongst whom, Galgacus, by Birth and Merit a Person of the best Conduct; Galgacus General of the Caledonians. There, c. 30. by whose Oratory, in Detestation of Servitude, their Courage was much heightened, which before was forward and vigorous enough, and as a testimony of the Impression it made upon them, they received it with Loud and Barbarous, Titus Flavius Domitianus. An. Dom. 46, 87, etc. yet Cheerful Acclamations and Shouts. Agricola likewise, although he saw a great forwardness and alacrity in his Soldiers to engage the Enemy, yet incited them with an encouraging Oration, There, c. 33.462. to Victory and Glory; while he yet spoke, they ran to their Arms, and longing to fight, he thus disposed them; The Main Battle consisted of 8000 Auxiliary Foot, the Wings of 3000 Horse, the Legions he placed behind next the Trench of the Camp, to make good the Victory, if it were obtained without Roman Blood, or as a Reserve, if the Auxiliaries should be Beaten: The first Battalion of the Britain's stood in the Plain, the rest upon the Ascent of the Hill, the middle of the Field was filled with Chariots and Horsemen, clattering and ranging up and down: Agricola seeing them so much to outnumber him, drew out his Army at length, There, c. 35.463, etc. and leaving his Horse, Marched before it on Foot; the Battle was sharp and doubtful, until he commanded Three Cohorts of (h) They Inhabited part of Holland about Leyden, and also other part of it, and Gelderland, between the Rhine and the Waal, now de Betowe. Batavians, and Two of (i) Tungri, or Germans, they Inhabited the Bishoprics of Liege and Colon, the Dukedoms of Juliers and Limburgh, the County of Namurs, and part of the Dukedom of Lutzenburgh. Tungrians (used to that kind of Fight) to come to handy-strokes; yet, by Art and Valour the Britain's made good the Fight a long time, and often hazarded the Roman Army; The Caledonians and Britain's totally defeated. at length, by the great conduct of Agricola, they were miserably routed, and by a hot and home pursuit, were totally defeated: about 10000 of the Britain's were slain, of the Romans 340. The Britain's being dispersed, both Men and Women together howling and crying, drew with them their Wounded, forsaking their Houses, There, c. 38.464. and, in Spite, Firing them; seeking Lurking places abroad, in the Woods and Mountains, some killing their Wives and Children, out of Compassion, to prevent a more cruel violence from their Enemies: The Night ended the pursuit; and the next day more fully discovered the greatness of the Victory: Desolation and silence every where; the smoke of the fired Houses appeared afar off; no Sallies out of the Woods, no Shiring upon the Mountains; the Scouts met not Man. Summer being spent, the General Marched his Army into the (k) The Horesti, or Horesci. Camb. Brit. 691. There, 210. Inhabited, as Cambden conjectures, Esk-Dale in Scotland, adjoining to Anandale, so Named from the River Eske, which runs into Solway Frith. Horestians Country, where, having received Hostages, he commanded his Admiral to Sail about Britain, while himself, with slow Marches, that they might with more terror awe the Countries newly reduced by this delay, leads both Horse and Foot into their Winter Camps; Britain's Compassed. and the Fleet, by a Prosperous Voyage, compassed the Isle, and arrived at Port (l) Thought to be Rhutupia, near Sandwich in Kent, now Richborowe. Trutulensis, from whence it set out. Thus the whole Isle of Britain being Conquered, and the South-part of it reduced into a Province, There, c. 39.465. Agricola represents to Domitian the State of Britain. Agricola drew up the State of Affairs here, and Modestly represented them by Letters to Domitian the Emperor; who, after his manner, received them with a Cheerful Countenance, but was inwardly troubled at the great Fame of Agricola, and tormented with envy at his Military Glory, Titus Flavius Domitianus. Aelius Hadrianus. Antoninus Pius. Anno Domini, 119, etc. he privately designed his Ruin, although for the present he commanded the Senate to Decree him Triumphal Ornaments, and Statue, and what else was usual, or Extraordinary in such cases; but sending Salustius Lucullius his Successor, Britain was delivered up to him in a good and peaceable condition; Domitian the meanwhile pretending, that Syria, then wanting a Governor, Agricola Recalled. There, c. 40. should be Assigned to Agricola; however, whether he meant so or not, he never lived to enjoy that Province, Dying soon after, There, c. 43.466. not without suspicion of Poison. His Successor left little Memory of himself in Britain, where he remained but a short time, for by Domitian's order he was put to Death, because he suffered certain Spears, of a new Fashion, Suet. Dom. c. 10.799. to be called after his own Name, Lucullians. Domitian being slain, Anno Dom. 98. Anno Dom. 98. Nerva Coccejus was Saluted Emperor: but there are no certain Memoirs left by any Authors what was done here in his time, nor is there much extant in Story what was done in Britain by the Romans in Trajan's time, who succeeded him; only some Authors Writ, that the Britain's, out of a desire to Free themselves, made an Insurrection, but were soon repressed. Hadrianus being Proclaimed Emperor, received intelligence, Anno Dom. 119. that the Northern Britain's made Incursions into the Province, and sent thither Julius Severus, but before he could subdue and quiet them, he was recalled to suppress some Jewish Commotions in Syria, and the Emperor himself came with an Army into Britain, where he encountered the Barbarous People of the North, recovered such Forts as they had taken, and forced them to retire into the Mountains and Woods; when, Anno Dom. 123. Fortifying the Limits of the Province with a Wall of Turfs and Stakes, (m) This Wall was extended from the Irish to the Germane Sea; it began hard by Bu●ness, and passing over Ituna, or Eden, now Solway-Frith, and so by Carlisle, Camb. Brit. 653. There, 668. ended at Walsend, about three Miles from Newcastle upon Tine, or perhaps went as far as the Promontory, or Tinmouth; it was called the Picts, or Hadrians Wall. 80 Miles in length, to defend the Inhabitants thereof from the sudden Assaults of their ill Neighbours, Hadrians Wall. Spartian. in Hadr. c. 11.51. he returned Triumphantly to Rome: for this Exploit he was called the Restorer of Britain, which, as a Motto, was Stamped upon his Coyn. The Provincial Britain's, The Provincial Britain's conform to the Roman Laws. now fearing as much the Cruelty of their Northern Countrymen, as formerly the Invasion of Strangers, conformed themselves to the Roman Laws, as well Civil as Martial, under the direction of Priscus Licinius then Propraetor. Hadrian was succeeded by Antoninus Pius; Anno Domini 139. Antoninus Pius. Capitolin. in Anton. Pio. c. 5.132. His Wall. whose Lieutenant Lollius Vrbicus beat the brigants; and having driven back, and removed the Barbarous Northern People, built another (n) Between Dunbritton and Edinburgh-Frifth, commonly thought to be built by Severus, but was built by Lollius Rebicus, Lieutenant to Antoninus Pius, and ought truly to be called Antoninus Pius his Wall. There, 699. Wall of Turfs; for these two Expeditions of Lollius he was called Britanicus, although he never saw Britain himself. Marcus, Aurelius, Antonius, Verus Philosophus, and Lucius Verus, Lucius, King of some part of Britain, Livius, Aelius, Aurelius, Commodus, Antoninus. Anno Dom. 119, etc. After him Marcus Aurelius possessed the Empire, with his Associate Lucius Verus, and Calphurnius Agricola was constituted Lieutenant of the Province of Britain, who, partly by his Prudence, and partly by Force, appeased the Northern Tumults, and settled the Minds of those People who were the most impatient of the Roman Yoke. He Dying, his Son Commodus was invested in the Empire. About this time 'tis said, that King Lucius applied himself to Eleutherius Bishop of Rome, that by his Assistance and Direction, he and his Nation might be instructed in the Christian Faith: Marcus Aurelius. Anno Dom. 162. Capitol. in Aurel. c. 8.169. Commodus, Anno Dom. 181. Concil. 12, 13, 14, 35. De Primord. c. 3. de Praesul. c. 3. Who Wrote back to him an Epistle, and sent Phagatius, or Fugatius, Diruvianus, Duvianus, or Damianus, hither, by whom Archbishops and Bishops were appointed and Consecrated in the Seats of Archflaminsus and Flamens; which Epistle and Tale of Archflamins, Flamens, etc. Sir Henry Spelman clearly argues of Forgery; they are also rejected by Archbishop Usher, and Bishop Godwin, upon very good grounds and reasons there expressed. More consonant to Truth and Reason it is, That Christianity spreading itself, and much Increasing, in so many years after its appearing here in Britain, and in the Territories of King Lucius (if any such Man there was) and being a Profession, sober, simple, plain and free from Pagan Dotages, their Foolish Rites, and Groundless Superstitions; and probably then also being taken up by Sober, grave, wise, and Learned Men, he likewise embraced it, and with him his whole Court and People; yet it may not be improbable, that he sent to Rome (if there were any such King in Britain) it being then the most Celebrated Place for the Profession of Christianity, and to Eleutherius, or some Bishop of that City, for a Correspondency in the Affairs of Religion, and to know the usages, Doctrine, and practise of it there; but, that he should Write back such an Epistle as this, no Judicious Man will believe. Authors differ in assigning the time of this Transaction; Bede would have it, An. Dom. 156. Malmesbury 166. Matth. Westminster, 185. others, 182.167, etc. Anno Dom. 186. Dio, lib. 72.820. Amongst all others, the most troublesome War to Commodus was the British; for the Northern Britain's having broken down, and passed the Wall placed between them and the Roman Camp, surprised and killed the General, and most of the Soldiers, and wasted the Province far and near. Marcellus Lieutenant. The Emperor affrighted with this action, sent against them Vlpius Marcellus, a Man, sober, vigilant, magnanimous, mild, and temperate, against Bribes impregnable; he soon made an end of this War, which at first appeared so formidable, and sufficiently Chastised the Britain's for their Revolt; Chastiseth the Britain's. he revived the lost Discipline of War, for want of which the Army grew Licentious; for this good Service, and for his Virtue's sake, Commodus could scarce abstain from putting him to Death; yet, upon better thoughts, he only discharged him from his Employment. He is Dismissed. After he left the Isle, the Roman Army began to Mutiny, and refused to acknowledge Commodus for their Emperor: which Disorders, Perennis, his great Favourite (to whom he permitted the Care and Management of the whole Affair of the Empire) undertook to Redress, by Menacing the Soldiers, and removing of Officers, and placing others of less note and worth in their steads; Livius, Aeliu●, Aurelius, Commodus, Antoninus, An. Dom. 182, 183, etc. In this heat the Legions chose 1500 Soldiers, and sent them to Rome, who, without any trouble, or prohibition, came unto Commodus, and exhibited an accusation of Treason against Perennis, for Conspiring against him; and designing to make his own Son Emperor; There, 821. He easily believed it, especially at the instance of Cleander, who hated him, and being declared Traitor, was delivered to the Soldiers, who first Scourged, and then Killed him. He being slain, Commodus, by Letters, Anno Dom. 188. Capitol. in Pertina. c. 3.301. Pertinax Succeeds him. And craves Dismission. solicits Helvius Pertinax to undertake the Charge of Britain, and being come thither he suppressed the Sedition, and deterred the Soldiers, who would rather have had any other Emperor, especially Pertinax himself; in this attempt he underwent a great danger, being almost slain, and left amongst the Dead; which Seditious action he severely Revenged, and then craved leave of Dismission. After him, by the Command of Commodus, Clodius Albinus made Governor. Capit. in Albin. c 13, 14, 403. Anno Dom. 192. Clodius Albinus had the Government of the Province assigned to him, and by him also was honoured with the Title of Caesar, but he declined it; and afterwards declared openly his affection to the Ancient Government by the Senate, in an Oration he made to the Soldiers, upon a false Report of the Death of Commodus, commending, and preferring the same, before that of the Emperors; which Oration being carried to Rome, so exasperated Commodus, that he presently sent Junius Severus his Successor, who, whether he stayed, or what he did here, is uncertain: Commodus not long after being Strangled by Narcissus, Commodus Murdered. Anno Dom. 195. Herod, lib. 2.56. and the Reigns of Pertinax, and Didius Julianus being very short, Albinus was found again in the Head of the Army in Britain, in the beginning of Severus, which he Transported against him into Gallia afterwards, where, near (o) Lions in France. Lugdunum, he was encountered by Severus, his Forces defeated, and himself slain: Severus. There, 69, 70. There, 71. he divided Britain into two Governments, or Praefectures; the South part was committed (as may be thought, to Heraclianus, or Heraclitus, as Spartian) and the North part to Virius Lupus, where the Meatae, Sparta. in Seu. c. 6.339. Dio. lib. 75. (p) The Inhabitants of Northumberland, and the Lower parts of Scotland near Hadrians Wall. assisted by the (q) The Inhabitants of the North parts of Scotland, Maeatae. Caledonians. Camb. Brit. 701. beyond Antoninus Pius his Wall, attributed to Severus, now commonly called Grahames-Dike. Caledonians, withstood him, and forced him to purchase Peace with Money. Not long after, the Emperor was informed by Letters from the Perfect of Britain (Virius Lupus) That the Barbarous People, Herod. lib. 3.82. by Incursions, wasted the Country, and that there was need of a greater Force, or his Presence, to repel them; Severus goes into Britain. Severus joyfully receives this News, and being naturally desirous of Glory, after his Victories in the East, he prepares to erect Trophies in Britain, and besides, to take off his Sons (whom he carried with him) from the Pleasures of Rome, Aged as he was, and much afflicted with the Gout, There, 83. being, for the most part, carried in a Horselitter, yet came thither sooner than he was expected: The Northern Britain's daunted at his coming, and the Forces brought with him, as also with other great preparations against them, sent Ambassadors to seek Peace, and to excuse their former Delinquency. Severus, Antonin●s, Bassianus, Caracalla, etc. Geia, etc. But he purposely delaying them (being ambitious of Victory, and the Name of Britannicus) while he prepared all things for War, and then dismissed and sent them home with an ineffectual Answer. Anno Dom. 209. Severus desires the Name of Britannicus. Herod. lib. 3.83. Dio. lib. 76. His first care was, to lay Bridges over the Bogs and Morasses, that his Soldiers might stand firmly, pass easily, and fight safely; and having Marched his Army beyond the Rivers, Bulwarks and Rampires, which distinguished the Roman Limits from the Barbarous Britain's (or into Caledonia, as Dio) there were many Tumultuary Fights and Skirmishes, the Romans being every where Victors; but the Britain's easily saved themselves, by retreating into their Fastnesses, There, lib. 76.867. His great Labour to Conquer the Britain's. Q. How these two Reports agree. amongst the Woods and Bogs, almost naked; yet Dio reports this Expedition into Caledonia somewhat otherwise, and says, That he passed through it with great difficulty, and that to make his way he cut down Woods, digged through Hills, made Causeways over Bogs and Fens, and Bridges over Rivers: that there was no Fight or Battle, nor did the Enemy ever draw out upon them, or appear in a Body, they only sometimes turned out some Sheep and Oxen, thereby drilling the Romans into Ambushes, by which means, and by reason of the Difficulty of the March (many being killed by themselves, that were not able to continue it) there died Fifty Thousand; yet did not Severus give over till he came to the utmost parts of the Isle, although by reason of his Age and Weakness, he was carried in a Horselitter, forcing the Britain's to make their Peace, The Britain's yield up part of their Country, and make Peace. Burton. upon Anton. Itener. 63. Severus Repairs Hadrianus Wall. Sparta. in Seu. c. 18.355. Camb. Brit. 652. There, 868. by yielding up a great part of their Country; Conditioning also to lay down their Arms, to contain themselves within their own Mountains, and that they would make no Inroads, or Invade the Roman Province, which he had, by the help of the Sixth Legion, Bounded and Fortified with a Stone Wall of 12 Foot high, and 8 Foot Thick, with Towers and Battlements, in the same place and Tract of Ground where Hadrians Wall was, and drew it from Sea to Sea, from whence he was called Britanicus, the Ruins of which Cambden viewed. When he returned into the Province, he committed the Government thereof, for Civil Causes, to his youngest Son Geta; Aemilius Paulus Papinianus, the Famous Lawyer, being appointed to assist and direct him, Zosin. lib. 1.6. Papinianus appointed Governor to Geta. who, as Chief Minister of Justice under him, had his Tribunal at (r) The City of York, Histor. August varior. 745. which was the Station of the Beloved Legion of Severus, called Sex●a Vectrix. Eboracum: To Bassianus Antoninus, the Eldest, he commits the Command of the Army; But, no sooner was Severus come from amongst them, but the Britain's Arm again; wherefore he calls together his Soldiers, Commands they should Invade them, Severus Voweth. Anno Dom. 212. and kill Man, Woman and Child: yet, before his Commands were executed, worn out with Labours, Old Age, Infirmities, and Grief for the wickedness of his Son Antonine, he died at Eboracum. Herod. lib. 3.85. After whose Death, Antoninus Caracalla, his Impious Son, put to Death the Physicians, because they dispatched not his Father, according to his Commands; Caracalla his Cruelty. nor did his Cruelty spare any one that had been advanced by, or shown any respect or honour to his Father; he practised, by Bribes and Promises, with the Soldiers, Antoninus Bassianus, Caracalla, etc. and Geta, etc. Divus Aurelianus, Aurelius Probus, Carinus Dioclesian and Maximianus, An. Dom. 209, 271, 278, etc. to declare him sole Emperor; which, when he could not effect (for the kindness and affection they had for his Father, who had appointed his Brother Geta equal with him in the Empire) he made Peace with the Britain's, received Hostages, and departed to Rome. From this time of his leaving the Island all Authors are silent, concerning what was done here, for many years together; only, 'tis thought, some of the 30 (s) So they called all the Chiefs and Leaders of Rebels. Tyrants, as Lollianus, Victorinus, Posthumus, the Tetrici and Marius, in the Reign of Gallienus, might Usurp the Government here, where their Coins have been found in great quantities. In the time of Aurelianus, Proculus and Bonosus at Agrippina, Camb. Brit. 50. (t) Colonia Agrippina, Colon upon the Rhine in Germany, the Chief City of that Electorate. Invaded the Empire, and Usurped Britain, Spain, and (u) Afterwards called Gallia Narbonensis; it contained those parts of France which are now called Languedoc, Savoy, Dauphine, or Delphinate, and Provence. Britan. 50. Gallia braccata: The latter of whom, being overcome and vanquished by Probus, hanged himself, and gave the occasion of the Jest, An. Dom. 265. An. Dom. 271. etc. Vospic. in Probo, c. 18.942. Probus. Idem in Bonoso. c. 15.971. Zosin. lib. 1.36 That there was a Pitcher hanged up, not a Man; he being noted for his excessive Drinking. After that, Probus, by the means of Victorinus a Moor, prevented another Rebellion in Britain; for calling to him Victorinus, he upbraided him with the Seditious Practices of him, whom he had recommended to him for (x) Thought by Cambden to be Co● Lalianus. Governor of Britain, and sent Victorinus to Correct him, who, by a witty Stratagem (not mentioned by the Author) slew the Traitor: Ibid. lib. 1.37. About this time Probus Fought with the Vandals and Burgundians that Invaded Gallia, and overcame them; the Prisoners he took were sent into Britain, where being well settled, they proved very useful to the Emperor upon any Commotions or Insurrections. After him Carus succeeded in the Empire, who making an Expedition into Persia, took with him Numenarius, one Son, An. Dom. 282 and left Carinus another, to Govern in Gallia, Italy, (y) It contained the Countries of Dalmatia and Croatia lying upon the Gul● Adriatic, or of Venice, between Istria and Macedonia, now called Schlavonia▪ or Sclavonia. Illiricum, Spain, afric, Carinus. and Britain, as Emperor; and directed, that in all things he should behave himself accordingly: Vospic. in Carin. c. 16.985. c. 18.989. Dioclesian. An. Dom. 284. But Dioclesian being saluted Augustus by the Eastern Army, after many Battles, vanquished and Killed him at Margum, a Town in (z) Margum was a Town in Upper Masia, the Country's since called Bosna, and Servia, near Dalmatia. Moesia. About this time, Carausius, a Man of mean Birth, but of a great Mind, was Employed to secure the Belgic (a) now Bretaigne in France. and Armorican Coasts, An. Dom. 287. infested by the Francs and Saxons; who neither restoring to the Owners what he had taken, Victor. de Caesar c. 39 Sect. 2. Bede, lib. 1. c. 6.30, 31. Carausius Rebelleth. Maximianus made Dioclesian's Colleague. An. Dom. 286. nor giving the Emperor's Officers an account thereof, grew Rich with his Spoils; and being too great a delinquent to think of safety, and urged also by the notice he had, of Maximianus Herculius (whom Dioclesian had made his Colleague in the Empire, then making War in Gallia) his Commandment to have him Killed; he Assumed the Purple, and possessed himself of Britain; him Maximianus endeavoured to reduce by force, but in vain; for having gained the Roman Legions, and drawn into his Party the discontented People, Dioclesian and Maximianus. Anno Dom. 271, 278. &c, and Northern Britain's, being likewise a valiant Man and great Soldier, at last he made Peace with him, and permitted him to enjoy the Island. Eutrop. lib 9.94, 95. Anno Domini 291. Galerius and Constantius made Associates in the Empire. Anno Domini 293. Eumenius Panegyr. 10. The State of the Empire growing troublesome, the Two Emperors chose Two Associates and Assistants in the Government, by the Title of Caesar's; Galerius Maximinus, who was sent into Persia, and Constantius Chlorus into Britain against Carausius; but before he arrived, Carausius was slain by Alectus, his Familiar Friend and great Confident, one trusted with the Management of his greatest Affairs, after he had ruled Britain Seven years. Constantius, after he had taken Gessoriacum, which had been possessed by Carausius, laid hold of this opportunity, to prosecute the War against Alectus, who had set himself up in Carausius his place; and understanding Constantius his Design, resolved to meet and intercept his Fleet at Sea, and for this purpose he lay with his Navy upon the Coast of the Isle Vectis, (b) Vectis, the Isle of Wight: here must be a Mistake in Eumenius, for why he should lie here I understand not, seeing from Gessoriacum, or Bologne, there was a more ready Passage, and far shorter into Britain. but his expectation being frustrated, by reason the Romans, in a thick Mist, recovered the Land, before he could discover them, he prepared to encounter them, and try his Fortune on shore. Constantius, that he might leave to his Soldiers no hope of safety but Victory, burnt his own Ships, so soon as they were Landed: both Armies approaching one another, Anno Domini 296. Constantius charged Alectus, whose Army (consisting for the most part of Mercenaries) Francs, Germans, etc. was soon routed, and Alectus himself slain by Asclepiodotus the (c) He was Captain of the Emperor's Guards, and the Soldiers of the Guard were called Praetorian Soldiers. Praetorian Praefect: The Francs fled to London, which they Pillaged; but before they could get off with their Plunder, part of the Roman Army, which in the Mist at Sea had been separated from the main Fleet, by chance being brought thither, unladed them of their Spoils, and put the most part of them to the Sword, he having Usurped Three years; after Ten years Britain was restored to the Roman Empire, Eutrop. lib. 9▪ 95. according to Eutropius; but Eumenius seems to report this as one Continued Action. The Christians Persecuted, A. D. 303. Bede, lib. 1. c. 7▪ 31. Gildus, n. 8. Pag. 16, 17, 18. etc. Most certain it is, that about this time, the Innocent and Harmless Christians throughout the Empire, suffered under a most horrid and dreadful Persecution, because they refused to offer Sacrifice to the Roman gods, according to the Command of Dioclesian, and many in this Island; the Narratives of whose Christian Zeal, Courage, and Constancy are so obscured, by the Fabulousness of the Relators, and so mixed with Fictitious Fancies, That we can scarce Discover Really what persons suffered, or when, where, and in what manner they received their Crowns of Martyrdom. Anno Domini 304. Euseb. de vita, Constantin. lib. 1. c. 9 But Dioclesian and Maximianus having resigned the Empire to Galerius and Constantius, the latter of whom, among his other Provinces, having Britain for his share, gave the Christians there the Free Exercise of their Religion; he came into this Isle himself, where, reinforcing the Garrisons toward the Borders, and establishing a general Peace, he came to York, Dioclesian and Maximianus, Ga●erius and Constantius, Constantinus Magnus, Anno Dom. 300. etc. and there fell Sick of a languishing Disease and died. In the mean time Constantine happily made his escape, and came Post from Rome, whom his Father received with exceeding great joy, named him, and was, after his Funeral, saluted Emperor by the whole Army. He was the Son of Constantius by Helena, and what she was, Au●el. Victor. de Caesar. c. 40. Eumen. Panegyric. 9 Zosim. lib. 2.46 Euseb. de vita Constant. lib. 1. c. 15, 16. Constantine, Anno Domini 307. Zosim. lib. 2.46, 47. Bede, lib. 1. c. 6.31. Niceph. lib. 7. Eccl. Hist. c. 17. at large. whether his Wife or Concubine, and of what Country, whether of Britain, Moesia, or Bythinia, it is much controverted amongst Authors. Zosimus, Bede, and Nicephorus report her his Concubine, and unlawful Woman; others, as Eutropius, etc. will have her his Wife, and that he was Divorced from her, when he Married Theodora, the Daughter in Law of Maximianus, who exalted him to the Empire: As to her Country Bede is silent: Baronius, Cambden, Alford, Fuller, and many others, will have her a Britain, and some the Daughter of King, or Earl Coel: and that Constantin was born in Britain; Nicephorus, Livienus, Lipsius, and others, contend he was born at (d) A Town in Asia, in the Country Bythinia, between the Cities Nicomedia and Nicaea, near the Propontis, called Helenopolis, in Memory of Helena. Drepanum, and that Helena was the Daughter of Constantius' host, when he lodged there, in his Expedition against the Persians and Sarmatians; Firmicus affirms, he was born at Naisus, (e) Now Nisi, or Nissam, in Upper Moesia, which was noted before. a Town in upper Moesia. But I leave these Controversies to those that think it worth their trouble to examine who are in the right; and return to the great Constantin, who Governed the Empire by Four Praetorian Prefects, Ibid. 63.64. which he Instituted, and committed the Civil Administration of Britain to Pacatianus, Vicar to the Praetorian Praefect of Gallia; Cam. Brit. 53. and being called from thence by the War against Maxentius, he carried over the Alps into Italy an Army of Germans, (f) People that Inhabited Gallia, Celtica, afterward Lugdunensis, which is that part of France which lieth between the Rivers Loire and Sein; it also contained both the Burgundy's, Duchy and County, and some part of Switzerland, etc. They also were, whether at first, or in process of time, seated in Spain, Italy, and most parts of Europe. Celts and Britain's, consisting of 90000 Foot, and 8000 Horse; by which, Zos'. lib. 2.50. and other Recruits, drawing the Guards from the limits of the Empire in Gallia, Germany and Britain, Ibid. 65. Camb. Brit. 53. Constantin Draws the Garrisons from the Limits and Frontiers into Inland Towns. An. Dom. 315. and removing them also from the Frontiers into Inland Towns and Cities, which, filled with Soldiers, were abandoned by the Inhabitants, he opened a way for Invasions and Incursions into the Western Empire, and the Province in Britain, and by which means (the Soldiers also in their new Quarters, growing soft and voluptuous) he laid the Foundation of the Ruin of the afterwards declining Empire. About the 9th of his Reign, saith Sir Hen. Spelman, Concil. 39 out of Sirmondus, he commanded a Council to be held at Arles in France, where were present Three British Bishops, Eborius of York, Three British Bishops at the Council of Arl ●. Anno Dom. 330. Socrat. lib. 1.209, 214. Restitutus of London, Adelfius of Camelodunum, or Maldon, Sacerdos a Priest, and Arminius a Deacon, who brought with them the Canons of this Council into Britain, that they might be observed there. Constantin likewise called the General Council at Nice in Bythinia, and Wrote into Britain, amongst other Countries, for the observation of such things as were determined and decreed there; Constantinus Magnus, Constantius and Julianus Apostate. An. Dom. 315. and also directed his Epistle to the People, that upon pain of Death they should burn all Arius his Books: By Testament he divided the Empire, after his Death, between his Three Sons, Constantinus, Constantius, Spel. Concil. 43, 45. Constantine Writes to have the Council of Nice observed. Anno Domini 337. He died this year upon Whitsunday. Zosim. lib. 2.69. Constantin Junior Murdered. Anno Domini 340. Ibid. 70. Ibid. 71. Ibid. 78. and Constans; he was Interred at Constantinople, and his Funeral Pomp attended by Constantius. In the Division of the Empire by Constantin the Great, France, Spain, and Britain were assigned to his Eldest Son Constantin, Junior, but by the contrivance of his Brother Constans; after he had enjoyed them Three years, he was Murdered; who then Usurped that part of the Empire; yet before he was well established, Magnentius rises up against him, and by his order, one Gaiso, with a Select Company, dispatched him, at a Town named Helena, by the Pyrenaean Mountains: Magnentius being seized of the greatest part of the Empire, Constantius comes out of the East part of it, which was appointed to him by his Father, to make War upon him; and beating Magnentius from place to place, being deserted of all, and not able to support his greatness, he Killed himself. After whose Death, Britain submitted itself to Constantius; and than Martinus was deputed there under the Praetorian Praefect; who, disturbed and offended at the Inhuman Cruelty of Paulus Catena, Camb. Britan. 54. out of Am. Marcellin. who was sent an Inquisitor, to find out what Officers and Soldiers had Conspired with Magnentius, accusing the Innocent as well as the Guilty, that he might Enrich himself by extorting Money from them: Martinus commiserating the condition of such as he knew Innocent; interceded with Paulus, persuading and beseeching him to spare them, or otherwise he would departed the Island; who fearing he might be as good as his word, Accused the Vicar himself, that he was in the Conspiracy, and urged that he might be laid hold on, and carried bound to the Emperor. Martinus much moved with such Reproaches (or, perhaps not altogether Guiltless, drew his Sword, and struck at Paulus, but failing to kill him, turned the Point upon his own Breast, and killed himself. Julianus Apostata, Son of Constantine Junior, Brother to Constantius. Afterward Julian the Apostate being declared Caesar, by Constantius and his Colleague, in the Empire, the Government of Gallia, Britain, etc. was committed to him; who, residing then at Paris, upon the News of the Incursions of the Scots and Picts into the Province, and Complaints of the Spoils and Outrages they committed there, Am. Marcell. lib. 20. c. 1. he sent Lupicinus to repel them, and settle the Country, not daring himself to pass into the Isle, lest the Gauls and Alemains, in his absence, should Revolt, being without a Governor: Lupicinus came with an Army to Bologne, where Shipping his Men, with a fair Wind he arrived at (g) Rhutupiae, the same with Portus Trutusensis in Tacitus, now Richborowe, near Sandwich in Kent. Rhutupiae, and Marched to London, that from thence he might proceed whither his Business carried him. The Christians in Britain disturbed by Arianism. Anno Domini 359. About this time the Arian Heresy crept into Britain, which mightily disturbed the Peace and Quiet of the Christians there; in Favour of which Constantius commanded a Council of 400 Bishops of the Western Church to meet at Arminium, Valentinianus Primus, and Valens, Anno Dom. 364. etc. where there were Three Bishops only out of Britain; which, by reason of their Poverty, accepted the Emperor's Allowance of Diet, while they stayed there, all others refusing it. Constantius died of a Fever, in October, Three British Bishops at the Council of Arminum. Sulp. Sever. Hist. Sacr. Amstel. 1656. lib. 2.109. Amm. Marcel. lib. 21. cap. 15. lib. 22. c. 2. Amm. Marcel. lib. 26. c. 1. An. Dom. 364. Valentinian and Valens. Anno Dom. 362, and left, by Will, Julian his Successor. Jovianus Succeeded Constantius and Julian, whose Reign was short; and I find nothing noted concerning Britain in his time. After him Valentinian, by the Unanimous Consent both of Military and Civil Power, was chosen Emperor; who declared his Brother Valens Augustus, and made him Emperor of the East: He himself Ruling in the West; where, while he was passing from the (h) Amiens, or the People about Amiens in France, seated upon the River Some. Picts, Whence. Camb. Britt. fol. 82. Scots. Whence. Brit. fol. 86. Ambiani, to the (i) Triers, or as the French call it Treves, seated upon the mosel, and is the Seat of an Archbishop, and one of the Electors of the Empire. Treviri, he received a sad and astonishing Message, That the (k) They were called Picts, quasi Pict●, from the Provincial Latin, which was then much used on the Southside of the Wall in the Roman Province, and were no other than the Britain's, who still Painted their Bodies as before the Provincial Britain's had done (from whence they also had their British Name) and who inhabiting on the North side of the Wall, made War upon the Romans. Picts, (l) They were called Scots, Scytes, or Seui●, as Cambden conjectures, having had, as other Nations, their Original from Scythiae; Histor. Eccles. lib. 1. c. 1.22. and lib. 2. cap. 4. Topogra. Hiber. c. 16.7 ●. Camb. Brit. fol. 90. Attacots. Lib. 2. Contra Jovianum. they came first out of Ireland into Scotland, as Bede Reports, and out of the Province of Ulster, as Giraldus Cambrensis says, and settled themselves amongst the Britain's and Picts, in the West part of Scotland, which did not presently obtain this name; but in process of time, when more of these Scots (now properly the Highlanders) came to them, until they out-numbred, and almost destroyed the Picts; and the Kingdom of Northumberland also being wasted by the Danes, fell into their hands. The North parts of Britain received its Names from the Scots. Scots, and (m) 'Tis doubtful, whether they were Strangers, or Inhabitants of some part of the Isle; happily they might be wild and Mountainous Britain's; whatever they were, they exceeded in Barbarity; for St. Hierome says, That when he was a young Man, being in France, he see them eat Man's flesh. Attacots, from the North, together with the Francs and Saxons, who were the most feared, Invading the South-Coasts over against Gallia, had harassed, and with Fire and Sword destroyed and ruined almost all Britain; That they had Killed Nectaridius, the Count or Comes of the Sea-Coast, and surprised Buchobaudes, Duke of Britain, and General of his Land Forces, by a Stratagem; after he had, to no purpose, Ibid. lib. 27. c. 7. Picts, Scots, etc. Invade the Province. Nectaridius Slain. Buchobaudes Surprised. first sent Severus, than Jovinus, to suppress the Fury, Violence and Incursions of these People. The Necessities of Britain requiring a greater Assistance, at last he sent Theodosius, a Man of known Valour and Experience, who was made Duke of Britain, and with an Army of stout Young Men, selected out of the Legions and Cohorts; Lands at Rutupiae; from whence, with the (n) The Inhabitants of part of Holland and Gelderland, chief between the Rivers Wale and Rhine, they were Originally Germane, and excellent Horsemen. Batavians, (o) People habiting about the Lake Mootis, Ferrar. Lex. removing from thence into Pa●onia, which contained Hungary, part of Bosnia, Sclav●nia, Istria, Carn●ola, etc. and thence into Lombardy in Italy, or out of Scardinavia, which contained, Norway, Swedeland, Poland, and part of Denmark, etc. as Dymonius. Herulians, and other Forces that followed him, he Marches to London, afterwards called Augusta, and dividing his Army into several Bodies, sets upon the Roving, Theodosius Propretor. Ibid. lib. 27. c. 7. London called Augusta. The Scots and Barbarous Nations overcome. Pillaging Enemy, laden with Spoil; from whom, recovering the Plunder and Prisoners they had carried away, he restores all to the Right Owners, save a small Portion he gave to his wearied Soldiers, and enters London Triumphantly; having scattered their whole Force; Valentinianus Primus, and Valens. 364, &c and Proclaiming Impunity to such as deserted the Roman Service and Government, they most returned to obedience. Yet the Enemy being numerous, of many Nations, and in divers Parties, Anno Domini 365. he sent for, to his assistance, Civilis, to be Vicar, an able and upright Man, and Dulcitius, a Famous Captain, to be Duke. Theodosius having thus overcome and vanquished these many sorts of People, and being employed in repairing the ruin'd Castles and Cities, and in laying the foundation of a firm Peace, one Valentinus a Panonian, Zosim. lib. 4.742. Am. Marcell. lib. 28. c. 7. a Man of a haughty spirit, who was, for some great Fault, Banished into Britain, with other Exiles and Soldiers, Conspired against him, as the only bar to his Design of obtaining the Government of the Isle; who being discovered, with some few others, that were most strictly joined with him in the forming this Conspiracy, were delivered to the Duke Dulcitius to be put to Death: others he permitted to be quiet, not making too severe an Inquisition into this Confederacy, where many were engaged, left by this way of proceeding he might have increased the danger. Am. Marcell. lib. 28. c. 7. After this he Corrects many things out of order, repairs Cities, places Garrisons, and strengthens the Castles and Limits of the Province, with sufficient Watches, and Praetentures, or Forefences. And thus having recovered that part of the Province, which was under the Power of the Enemy, he reduced it to its former State and Government; and from that time, according to the pleasure of Valentinian, it was called (p) The Division of Britain by the Romans. Britannia Prima. Britannia Secunda. Britannia Flavia C●sariensis. Britannia Maxima Caesariensis. Camb. Brit. 111. Valentia. Upper Britain, etc. Lower Britain, etc. Vetturiones. Maeatae. Caledonii. It was Customary with the Romans, when they Conquered any Kingdom, to give it new Names, and divide it into several Portions, or Provinces, according to the Will of the Conqueror. All the South Country, between the Rivers, Thames and Severn, was called Britannia Prima, because it was first Invaded and Conquered by the Romans. Wales was called Britannia Secunda, because next subdued; All that Tract of land between the Rivers, Thames, Severn and Humber, was called Britannia Flavia Caesariensis, from Flavius Theodosius Augustus, the Son of Theodosius; and before it had this Name from him, was part of Maxima Casariensis, which, after his time, only contained all the Country between Humber and Tine, or Hadrians Wall; and was called so, because it was the greatest part of the Conquered Country, before Britannia Flavia was taken out of it: And Lastly, all that Country between Hadrians, or Severus his Wall, and graham's Dike, or antonine Wall, between Edinburgh and Dunbritton Frith●, was called Valentia: Britain was also, by Dio, divided in Citeriorem vel superiorem, which contained these parts here described; & Inferiorem, Barbaram vel ulteriorem, which contained the Vetturiones, whose Country the Picts, or Maeatae possessed, and the Caledonli, whose Country the Scots, the Conquerors of the Picts, etc. first Invaded and seized. Valentia, the (q) Certain Speculators, or Scouts, who were always coursing up and down in the limits of the Province, to observe and discover the Motions and Approaches of the Enemy. Areani, were found guilty in this Conspiracy, who being corrupted with Rewards, often discovered the condition of the Roman Affairs to the Barbarous People. Ibid. lib. 28. c. 7. Theodosius recalled. Theodosius, after these Achievements, being recalled, was accompanied to the Seaside, with the general Favour and Applause of all Men, and passing the Sea with a gentle Gale, came unto Valentinian; by whom being received with much joy and affection, he was made * Here to describe this Office. Master of the Horse, in the room of Valens Jovinus, sometime afterwards Froamarius, whom Valentinian had made King of the (r) They were Inhabitants of the Town and Country of Weisbaden, on the North-side of the Rhine, right against Ments, an Appendent of the County of Nassaw, or the Country thereabouts. Bucino-bantes, Ibid. lib. 29. c. 9 Anno Domini 374. upon fresh Excursions and Devastations made upon the new acquired Country, was sent hither, with power of Tribute over the Alemans', which were then much valued for their Number and Courage. Gratian, the Eldest Son of Valentinian by Severa, Gratianus, Valentinianus Junior, Theodosius. Anno Dom. 374. growing towards a Man, his Father made him his Colleague in the Empire, and he succeeded him after his Death; with whom, Valentinian the younger, his half-Brother, by his Stepmother Justina, but then four years old, was elected his Partner in the Empire, by advice of the Council, and General consent of the Army. Ibid. lib. 27. c. 5. Anno Domini 37. Ibid. lib. 30. c. 12. Zosim. lib. 4.751. Anno Dom. 379. Theodosius chosen Emperor by Gratian, and Ruled in the East. Zosim. lib. 4.760. But Gratian finding his Affairs perplexed, the Goths and other Barbarous People Invading the Empire on one side, and the Nations upon the Rhine Infesting it on the other, not thinking himself sufficient for the Administration of it, after the Death of his Uncle Valens, chose Theodosius, Son to that Theodosius that had so bravely behaved himself in Britain, to be his Consort, and sharer with him in the Empire, who Ruled in the East. Things being in this state and condition; Gratian being an easy Prince, listening to Flatterers, and such as are wont to corrupt and debauch the kind and mild dispositions of Princes; received into his favour, and into the Army, certain Renegado (s) People of European, Sarmatia, and thought, by some, alan's, Who! to have Inhabited that Country, which is now called Lithuania; but more rightly they were Seated near the Alanian Mountains, not far from the head of Tanais. alan's, unto whom he gave great Rewards, and trusted them with the Management of his greatest Affairs, neglecting at the same time his own Soldiers; who, for this cause, began to Murmur against, and hate him; the Soldiers thus kindled against him, especially those in Britain, and excited by Maximus, a Spaniard by Birth, Maximus Excites the Soldiers to Sedition. and fellow Soldier with Theodosius there; who, taking it ill that Theodosius should be thought worthy of the Empire, and himself not thought fit to have any honourable Employment in the Government, more and more irritated the Soldiers against Gratian; and they being ripe for Sedition, were easily prevailed upon to Salute Maximus Emperor; Anno Dom. 381. He is Saluted Emperor. Zosim. Ibid. and having delivered him the Imperial Diadem and Purple, they forthwith passed the Sea with him to the Mouth of the River Rhine; the Armies in Germany; and the Neighbour Nations, with much satisfaction approving the Design. Gratian prepares to suppress this Rebellion, and Fight Maximus, but being deserted by the Army he had gathered together, seeing his Affairs desperate, he fled with 300 Horse toward the (t) Mountains that separate Germany and France from Italy. Alps, and from thence through (u) Singidunum rather, a City of Upper Moesia, seated upon the Danube, Six Leaves Eastward from Taurinum, or Belgrade, now called Zendorin, of the Greeks, Simedro; and in Modern Latin, Semandria. Rhaetia, Noricum, Pannonia, toward (x) Then the Second City of Italy, and Chief of the Carni, now Aquilegia, seated on the North-East part of the Top of the Gulf of Venice, and in that Dukedom. Upper Moesia, whether being pursued by Andragathius, Master of Maximus his Horse, passing the Bridge at (y) They were Northern People, Vandals, Whence. Sheringh●m de Orig. Angl. 210. Ibidem. who came out of Scythia, from about the Lake Maeotis, and River Tanais. etc. and were of Gothic original, they were called Vandals, from the word Wandelen, signifying to Wander, or rove up and down, because they often changed their places of abroad: at last they fixed upon, and near the Coasts of the Baltic Sea, toward Germany, which from them, with many other North-East Country's adjoining, was called Vandalia, a● Meckleburgh, Pomerania, Polonia, Silesia, etc. Sigisdunum, Gratian slain he was overtaken and slain. Theodosius, at the Instance of Justina, Mother to Valentinian, Anno Dom. 3●3. prepares to encounter Maximus, whose Army being defeated in Pannonia, he fled to Aquileia, Theodosius Major, Valentinianus Secundus, Honorius, Arcadius. Anno Dom. 383, etc. where he was taken, delivered to Theodosius, and presently put to Death; and to young Valentinian was restored whatsoever his Father, or his Brother Gratian had possessed. The Scots and Picts taking advantage, when the Army, and the Flower of the British Youth was transported by Maximus (most of which were either slain, An. Dom. 388. Zosim. lib. 4.769, 770. Young Valentinian restored. Gildas, c. 11. The Scots and Picts invade Britain. They Waste it. Socrat. Hist. lib. 7. c. 12. or seated themselves in Amorica, now Brittany in France) miserably spoiled and wasted the Province; for the opposing and reducing of whom, Chrysanthus, the Son of Marcian, Bishop of Constantinople, was made Vicar in the British Isle, who behaved himself worthily, and with great praise; but whether he totally subdued these Northern Enemies, or whether Stilicho, who was, by Theodosius, appointed Tutor and Governor to Honorius after his Death, or some other sent by him, as Claudian seems to affirm, reduced them, it no where it appears: not long after, the Empire being distressed, the Legion for this purpose sent into Britain, was recalled, Chrysanthus sent to repress them, and Stilicho. Claud. Paneg. 2. de laud. Stilich. Anno Dom. 395. The Legion sent with them recalled. The Vandals etc. Invade Gallia, and Germany. Zosim. lib. 6.824, 825. They Affright the British Forces. Anno Domini 409. They Mutiny, and set up Marcus, Gratianus and Constantin successively. He transports the British Army into Gallia. So●omen. lib. ●. c. 15. Constantin taken, Anno Dom. 413. and put to Death. A●●icola intr●ceth Pelagianism into Britain. An. Dom. 429. Bede, lib. 1. c. 17. and the (z) Sueves, Whence People of the same Origin with the Vandals, so named from the Word Schweben, of the same signification with Wandelen, and might be the same People under divers Names; for they are also affirmed by very good Authors, to have Inhabited Meckleburgh, Pomerania, etc. they likewise possessed that part of Germany beyond the Danube, which is now called Suevia, and Sachwaben. Vandals, * Sueves, and alan's, having passed the Alps, harassed and destroyed the Nations on this side of them, with so great a slaughter, as they became very formidable to the Forces in Britain, who, fearing to be Invaded, in a Sedition they place Marcus (than Deputy, as may be thought) in the Throne, and Subject themselves to him; who, not pleasing their humour, they presently Kill: bringing forth Gratianus Municeps, and putting upon him the Crown and Purple, placing also about him the Guards of a Prince; yet after Four Months him also they Dethrone, and take away his Life: and then they choose Constantin, a common Soldier, thinking his Name Ominous, and sufficient only to preserve the Empire: he, with the Army, and whole British Power passed into Gallia; where, by the assistance of Edobec, a Franc, and Gerontius a Britain, and by good words and flattery, he reconciled to him the whole Force there, and obtained all that Country as far as the Alps. But having disobliged Gerontius, he took as much pains to throw him down as he had done to set him up, exciting all his own and the Enemies of the Empire against him; who, being Besieged in Arles, finding his condition hopeless, turned Priest to save his Life; where being taken, he was sent into Italy, and in his way thither put to Death; having played the Emperor about Four years. At this time, when both the Nation and People were in such great Distraction and Confusion, Agricola, Disciple to Pelagius a Monk, sometime of Bangor in Flintshire, propagated his Heresy here, to the Disturbance of the weak Christians, who not able to withstand his Errors, called in to their Assistance, some years after, Germanus Bishop of Auxerre, and Lupus Bishop of Troy's in France, who by their Preaching in open Fields, and Highways, and Disputations in a great Concourse of People (both Spectators and Judges) this Heresy was well nigh extinguished. The Empire now declining, Honorius, Theodosius Junior, Valentinianus Tertius. Anno Dom. 414, 420, etc. and most of the Soldiers being Transported out of Britain into other parts of it, by the Tyrants Maximus and Constantin, when they set up for Emperors: The Britain's, after the example of the (a) People of Gallia Celtica, which lay between, and was bounded with the two Rivers, Celts, Who. Seyn, upon which Paris is Seated, and Scheid, which slides by Antwerp in Brabant; or as Magnus and some others, that part of Gallia which was called Lugdunensis, between the Rivers Loire and Sein, and contained Britain, Normandy, Anjou, Main, the Isle of France, Champagne, both the Burgundy's, Lionnoys, etc. as they are now termed. Celts and other Nations, by little and little made a Defection from the Romans, laying aside their Laws, and living according to their own Institution; who taking Arms, left no way unattempted to free themselves from the danger of the Barbarians, Anno Domini The British Forces twice Transported. Zosim. lib. 6.827. The Britain's Revolt. Permitted by Honorius. Zosim. lib. 6.830. and not improbably without the permission and consent of Honorius, who seems to discharge them of their Obedience, when he Wrote Letters to them, That they should provide for, and Manage their own Affairs. This Revolt of the Britain's was pushed forward by the Irruption of the Vandals into Spain, the Alans into Portugal, the Goths into Italy, and the taking of Rome by Alaric. Yet not long after, Anno Domini 414. The Britain's Petition Honorius for assistance. Anno Domini 420. Paul. Diac. Miscel. lib. 14. c. 4. being infested and horribly oppressed by the Picts and Scots, they send to Rome, and with Tears Petition Honorius for Assistance against their Enemies, Promising a firm Subjection, if but once more they might be Repelled. To whose aid (forgetting all former Injuries) he sent a Legion, under the Command of Victorinus, which with a mighty slaughter drove the Britain's Enemies out of their Country; but being Remanded, at their departure they ordered them to Build a Wall * (b) That is between the Friths of Edinburgh and Dunbritan, as Bede interprets them, whereof the East, Bede. lib. 2. c. 12. Camb. Brit. 690. See before in Constantin. or Edinburgh, hath in the middle of it the City Guidi, now the Island Keith; and the West Frith hath seated upon it the City Alcluith, now Dunbrittan. between the Seas beyond the Island, which being made of Turf by the unskilful People, and without any experienced Director, Gildas 25. N. 12, 13, 14, 15, 16, 17. proved of little use to them. For the Legion was no sooner passed the Sea with Triumph, The Picts and Scots pass the Friths in Boats at both ends of the Wall. Bede, lib. 1. c. 12. but their wont Foes passed over the Friths at both ends of the Wall in Boats, made Eruptions into the Province, broke down the Boundaries, committed great Slaughters, wasting and destroying all before them: When they again, with a lamentable Narrative of their Miseries and Oppressions, Implore Aid from (c) 'Tis probable that Constantius Institution of Praefects might yet be retained in the Empire; That Aetius was Praetorian Praefect of Gallia, and that at this time Britain was Governed by a Vicar under him, for which reason they might apply themselves to him for assistance. Aetius, Praefect or Precedent of Gall●a; who, And miserably destroy the Britain's. Anno Domini 421. moved with their sad and deplorable condition, sent another Legion (as 'tis affirmed) under the Command of Gallio of Ravenna, which coming unexpectedly in Autumn, with great destruction and ruin chased the Picts and Scots over (d) Edinburgh and Dunbritan Friths. the Seas or Friths. Then the Romans told the Britain's, Dousa Annal. Holland. lib. 1.56. Gildas, as before. They could not undertake any more such laborious Expeditions for their Defence, admonished them to take Arms, and, like Men, defend and vindicate their Country, Goods, Wives, Children, and Liberties, from the Injuries of their Barbarous Enemies; and helping them to Build a Wall of Stone, where Severus had made his, Honorius Theodosius Junior. Valentinianus sertius. Anno Domini, 414, 420, etc. Twelve Foot high, and Eight Thick, Fortifying it with Towers and Castles toward the Sea, to keep Boats from passing, and teaching them the use of Arms, they bid them Farewell, never intending to return again. The Romans departure out of Britain. Bede, lib. 1. c. 12.54. The Legion being Transported into Gallia, the Scots and Picts return again, and seize upon all the North part of the Isle as far as the Wall, and then Assault the Wall itself, pulling the Cowardly Defendants with Hooks from the top of it; who then leaving it, with the Cities and Fortresses adjoining, flee, the Enemy pursuing them, with a more Cruel and Bloody Slaughter then the former. The poor Remains of the Britain's send once more their most Miserable and Tragic Complaint to Aetius, An. Dom. 446. in these Words; To Aetius Thrice Consul: The Groans of the Britain's; The Barbarians drive us to the Sea, and that drives us back to them: thus tossed between two Deaths, The Britain's in vain implore Aid from the Romans. we are either Drowned, or perish by the Sword. But they Solicit in vain; the Empire then distressed, by the Huns, Goths and Vandals, was not in Condition to assist them. And the Britain's thus deserted by the Romans, and by reason of the (e) What number of Forces. Camb. Brit. o. Carried out of Britain. Besides the two Armies of Romans and Britain's carried from hence, by Maximus and Constantin, when they set up for Emperors, there were several Wings and Cohorts of Britain's in the Service of the Empire in Egypt, in Armenia, in Illyricum, in Spain, in Gallia, and amongst the Guards of the Palace. great numbers of their stoutest and best Men that had been drawn out of the Isle for the Service of the Empire, not being able to withstand the Picts and Scots, called into their Aid the Saxons, etc. as shall be delivered in the ensuing Discourse of them. The ROMAN Military Estalbishment in BRITAIN. THis Military Establishment is taken out of the Notitia, Alciat. Tom. 2.482.483.485.486, etc. Pererg. lib. 5●. c. 13. Tacit. lib. 1. ann. fol. 12. or Summary of Theodosius Junior (so called by Alciat) in the Declining State of the Empire: such a Breviary was first invented and composed by Augustus, which contained the Public Revenues and Treasure; how many Magistrates and Officers there were; what number their Army was; and of what People it consisted; how many Fleets and Kingdoms the Romans had; also the Tribute and Taxes of the Provinces; the Public Burdens, and Payments; all which he Wrote with his own hand: This Suetonius calls a Rationary, In Augusto. c. 28. Ibid. c. ult. toward the end. and says he made it when he thought of delivering up and quitting his Government; and in another place calls it a Breviary: but much changed and altered by succeeding Emperors, according to the difference of times and things: The Names of Magistrates and Officers were much altered, and new ones erected; as also the Places and Names of Colonies and Garrisons: This now extant, is generally thought to be Written in the Reign of Theodosius the Younger, Not. Imp. occid. c. 73.162. and about the Year 410. In this Establishment there was a Comes Britanniae, Comes Britanniae, what he was. a Count of Britain, under the Generals, or Masters of Horse and Foot (a) So called, because they always accompanied, and were present with the Emperor: Not. Imp. or c. 30. Master of the Horse and Foot Praesential. Why so called. lib. 2.64.688. there was one of the Foot, and another of the Horse in the West, and the like in the East: These had all Authority given them over the Soldiers, and were erected (as Zosimus reports) by Constantin, to diminish the power of the Pratorian Praefects, who, after this time, only heard and determined the Civil and Criminal Causes of the Provincials. Praesential in the West; the whole, whatsoever the Romans had in this Isle, seems to have been under his Command, as his Ensigns denote; which were, his Book of Instructions, his Letters Patents or Commission, and under them a Castle Fortified, encompassed with the Sea in the Form of the Island, and superscribed Britannia. His Ensigns. Those that served immediately under him, were, 3000 Foot, and 600 Horse: Ibid. His Office or Court was thus; A Principal, or Master of the Office, His Court or Office. out of the Office of the Generals, or Master of the Horse and Foot alternately every other year; Commentariensis, or Gaoler, out of those Offices alternately also; two Numerarii, or Accountants, out of each Office one; an Adjutor, Subadjuva, Exceptores, Singulares, and other Officers explained before at the beginning of this History, in the Office of the Vicar of Britain: The Cornicularius, and Regerendarius, Ibid. which other Counts had, are wanting here; which Pancirol imputes to the negligence of the Transcriber of the Breviary. Ibid. c. 72. Count of the Saxon- Shore. There was also Comes littoris, or limitis (b) Dominion of the Sea, c. 5, 6, 7. which see. Two Navies appointed by Augustus to secure the Seas. Eutrop. lib. 9.94, 95. Carausius employed by Dioclesian to secure the Belgic Coasts, etc. Not. Imper. occid. c. 86.87. Not. Imper. occid. c. 23. Not. Imp. occid. c. 72. Not. Imper. or. c. 47. This Count Mr. Selden affirms to be an Admiral; and that by the Saxon-shore is meant all the Coast, from the West part of Denmark to the Western Gallia, or West part of France, that is, all the Coast from the River Elve, to the Gobaean Promontory, now Cape S. Mahè, or to the Isle Heysant. Augustus placed two Navies, one at Montesino, another at Ravenna, for the security of the Seas under the Roman Power, and there were others appointed afterwards: Carausius was employed under Dioclesian to secure the Belgic and Armorican Coasts, from the Francs and Saxons that invested them: at Grannona under the Duke of the Armorican and Nervican Tract, between the Rivers Sein and Lovure in France, in the Saxon-Shore, there was placed a Tribune of the First Cohort of New Armonia; and in Belgica Secunda, the Country between the Mose and Seyn, under the Duke thereof, there were Dalmatian Horse placed in the Saxon-Shore, near the Borders, and he had a Fortress drawn in his Ensigns, superscribed, Littus Saxonicum. Saxonici per Britanniam, a Count of the (b) Dominion of the Sea, c. 5, 6, 7. which see. Two Navies appointed by Augustus to secure the Seas. Eutrop. lib. 9.94, 95. Carausius employed by Dioclesian to secure the Belgic Coasts, etc. Not. Imper. occid. c. 86.87. Not. Imper. occid. c. 23. Not. Imp. occid. c. 72. Not. Imper. or. c. 47. This Count Mr. Selden affirms to be an Admiral; and that by the Saxon-shore is meant all the Coast, from the West part of Denmark to the Western Gallia, or West part of France, that is, all the Coast from the River Elve, to the Gobaean Promontory, now Cape S. Mahè, or to the Isle Heysant. Augustus placed two Navies, one at Montesino, another at Ravenna, for the security of the Seas under the Roman Power, and there were others appointed afterwards: Carausius was employed under Dioclesian to secure the Belgic and Armorican Coasts, from the Francs and Saxons that invested them: at Grannona under the Duke of the Armorican and Nervican Tract, between the Rivers Sein and Lovure in France, in the Saxon-Shore, there was placed a Tribune of the First Cohort of New Armonia; and in Belgica Secunda, the Country between the Mose and Seyn, under the Duke thereof, there were Dalmatian Horse placed in the Saxon-Shore, near the Borders, and he had a Fortress drawn in his Ensigns, superscribed, Littus Saxonicum. Saxon-Shore throughout Britain; his Ensigns were, Nine Maritine Towns placed on the Form of the Island, and the Soldiers in Garrison were about 2200 Foot, His Ensigns. and 200 Horse, expressed as followeth; Under the Disposition or Command of the Remarkable Person, the Count of the Saxon-Shore through Britain, by Marcellinus, lib. 27. c. 7. called, Comes Tractus Maritimi, or Count of the Sea-Coast. 1. Praepositus Numeri (c) So called from Fortia, a Town in Asiatic Sarmatia. fortensium Othonae. What Soldiers and Garrisons under his Command. The Captain, or Provost of the Cohort, or (d) A Cohort was called Numerus; but sometimes the word Numeri signified any Band or Company of Soldiers. Band of the (c) So called from Fortia, a Town in Asiatic Sarmatia. Fortenses at Ithancester, near St Peter Chappel, and not far from Maldon in Essex, upon the Coast, in Dengy Hundred. Cambden in the several Counties. 2. Praepositus Numeri (e) From Tour●ay, now Doornicke, in Gallican Flanders, and the People thereabouts. Twenacensium Lemanis. The Captain of the (e) From Tour●ay, now Doornicke, in Gallican Flanders, and the People thereabouts. Turnois at Lime near Hithe in Kent. 3. Praepositus Militum (f) Tongres, or Tungerens, in Brabant, and the People thereabouts, the Inhabitants of Liege, Colon, Juliers, Limburgh, Lutzenburgh, etc. were all called Tungri. Tungricanorum Dubris. The Provost or Captain of the (f) Tongres, or Tungerens, in Brabant, and the People thereabouts, the Inhabitants of Liege, Colon, Juliers, Limburgh, Lutzenburgh, etc. were all called Tungri. Tongrians at Dover. 4. Praepositus Equitum Dalmatarum Branodunensis, Branoduno. The Brancaster Captain of the Dalmatian Horse at Brancaster, a Town upon the Coast near Burnham-Market in Norfolk. 5. Praepositus Equitum Stablesianorum Garianensis, Garionono. The Yarmouth's Captain of the (g) They were from Pelusium an Archiepiscopal City in Egypt, seated upon the East-Mouth of the River Nilus, but why so called I know not. Stablesian-Horse at Yarmouth in Norfolk. 6. Tribunus Cohortis Primae Vetasiorum, forte (h) The Vetusii, were People of the Alps, and 'tis probable this Cohort consisted of them. Vetusiorum, Regulbio. The Tribune of the First Cohort of the (h) The Vetusii, were People of the Alps, and 'tis probable this Cohort consisted of them. Vetusians at Reculver, a Town of Kent, upon the Northern Coast, in the Lathe of St Augustine's. 7. (i) The Praefecture of a Legion was at this time the Command of 1000 Foot, part of that Legion. Praefectus Legionis Secundae Augustae Rutupis. (i) The Praefecture of a Legion was at this time the Command of 1000 Foot, part of that Legion. The Praefect of the Second August or Imperial Legion at Richborow near Sandwich in Kent. 8. Praepositus numeri Abulcorum forsan (k) So named from Abula, an Episcopal City of old Castille in Spain. Abulorum Anderidae. The Captain of the (k) So named from Abula, an Episcopal City of old Castille in Spain. Abulians at Newenden in Kent, in the Lathe of Scraye near Oxney Island. 9 Praepositus Numeri Exploratorum portu Adurni. The Captain of the Band of Scouts at Aldrington, now a small Village near Shoreham in Sussex. His Office and Officers were the very same with those of the Count of Britain, save only he had a Cornicularius, explained in the Office of the Vicar before this History, and a Regendarius, Not. or. Imp. c. 18. a Master of Requests, that presented Petitions, Memorials, and Bills of Complaint, to the Chief Magistrate, Explained them, and received his Answer; so called a Regerendo, because he Wrote them into a Book; he was also called Subscribendarius, from Subscribing these Petitions, Memorials, etc. Corrected Precedents had not any Masters of Requests, or Regendaries, because they were bound to Subscribe the Libels, Memorials, etc. themselves. One Praefecture 1000 Six Bands 1200. Two Squadrons, Not. occid. Imp. c. 72. or Troops of Horse 200. In all 2200 Foot, and 200 Horse. There was likewise in this Establishment, a Duke of Britain, The Duke of Britain. Dux Britanniarum, his Ensigns were 14 Towns, placed also as upon the whole Island, with his Book of Instructions, and Letters Patents, or Commission, as the Counts and other Dukes; his Garrisons and Officers are thus described. 1. Praefectus Legionis Sextae. The Praefect of the Sixth Legion; His Garrisons distant from the Wall. but rather of the Legion at Sextae, that is, York, if it be taken for a place, as it ought to be, by the Town placed in the Ensigns, and Superscribed Sextae, for the Sixth Legion was placed at York. 2. Praefectus Equitum Dalmatarum, Praesidio. The Praefect of Dalmatian Horse at Warwick. 3. Praefectus (l) So called from Crispiana, a Town in Panonia. Not. Imp. occid. c. 89. Crispianorum Equitum, Dano. The Captain of the (l) So called from Crispiana, a Town in Panonia. Not. Imp. occid. c. 89. Crispian Horse at Doncaster in Yorkshire. 4. Praefectus Equitum Cataphractariorum Morbio. The Captain of the Horse Armed Cap-a-pe, or all over, at Moresby in Cumberland, near the Coast between Egremond and Wirkington. 5. Praefectus numeri Barcariorum, Tigrisensium, Arbeia; The Captain of (m) If they were Spanish People they were from Braga, an Archiepiscopal-City now in Portugal; but Anciently in Spain; by the Romans called Bracara, and the Inhabitants of that and the Country belonging to it Bracarii, See Ferrar. Lex Geogra. last. Edit. 2 Tom. of the Greek Canons Oxon. 1672. The Watchmen in Rome why first Instituted. Defensores, what they might be. Pancirol conjectureth, they were Bracarii, a People of Spain; but perhaps he might have guessed nearer, if he had said they had been Shipwrights, for such an one Barcarius signifies, and might be a Barbarous word Latinized, and introduced into the Provincial Latin (as there were many at this time) from Barca, a Bark, or small Ship; and having been brought hither from the parts of the River Tigris in Asia, might be called Barcarii Tigrisienses: To make this conjecture more probable, the Romans always had Artificers of all sorts in their Armies, ranged in whole Cohorts, and perhaps Legions; and these Shipwrights might be more useful here then in other parts, seeing Jerby is seated upon the River Eln (which then might be considerable) not far from the Sea, and that the Saxons sometimes, but the Picts and Scots out of Ireland, mostly and chief made their Invasions upon this Coast, so that they might at this time be employed here in Building, and managing out small Ships or Vessels to oppose them; or from Barca, a Country or Province in Afric, and in Barbary near the Mediterranean, so called from the Chief City thereof: Beveireg. Notes in Canon. Concilii. Trullan. f. 149. Barcarians, etc. at Jerby in Cumberland. 6. Praefectus numeri Nerviorum, Dicti. The Captain of the Dictensian (n) People that inhabited Hanault, the Dominion of Cambray, Gallic Flanders, etc. Neervians, at Diganwey in Caernarvonshire, near Aberconwey. 7. Praefectus numeri (o) These Watchmen were first instituted by Augustus, as a remedy against Fire, Theives, and other Inconveniences and Mischiefs, in the great and Populous City of Rome, and had their several Circuits appointed for this Night-Service; they were afterwards Soldiers, and distributed into Seven Cohorts, from whence the name was derived unto other Soldiers abroad in the Provinces, whose Duty might be somewhat alike. vigilum Concangies, or as Alciat, Concagios. The Captain of the Watchmen in the Barony of Kendal. I rather think, according to the Import of their Name and Office, that Concangies was somewhere nearer the Wall, and perhaps on the North-side of it, some place not yet made out. 8. Praefectus numeri Exploratorum Lavatris. The Captain of the Scouts at Bows in Stanemore in Richmondshire, in the North-Riding of Yorkshire, not far from Barnards-Castle in the Bishopric of Durham. 9 Praefectus numeri directorum, alias Duroctorum, aut Durocortorum veterum, aliter verteis, vel Verterae, as 'tis noted over the Town in the Duke's Ensigns. The Captain of the Band of (p) Part of a Legion, so called in M●sia, from Durocortum, Rheims in Champainge, so named by Caesar. Durocts, or Durocorts, at Burgh-Castle in Stanemore in Westmoreland. 10. Praefectus numeri Defensorum Braboniaco. The Captain of the Band of (q) What these were I know not, unless perhaps they might be such as were constantly in Garrison, and never Marched out upon other Service; or happily they might be part of a Legion, or other Body of Soldiers, called Defensorum Legio, etc. (which I no where find) so named at first for defending the Borders of the Empire, which though removed from that particular service, yet they might retain the name afterwards. Defenders at Brougham in Westmoreland. 11. Praefectus numeri Solensium, Maglovae. The Captain of the * So called from Soloe, a City of Cilicia. Solenses at Maclenith in Montgomery-Shire, there placed to keep under the Montanose People. 12. Praefectus numeri pacensium. Magis. The Captain of the (r) They had their Name from Pax, or Pace Julia in Portugal, near Badajox. Pacenses, at Old Radnor in Radnorshire, or perhaps at Magiovinium, Dunstable in Bedfordshire. 13. Praefectus numeri Longovicariorum, Longovico. The Captain of the Lancastrian Band; at Lancaster. 14. Praefectus numeri Derventiensis, Derventione. The Captain of the Derventienses, so called from the place where they lay, at Aldby upon the River Derwent, about Seven Miles from York. These 14 Garrisons under the Duke of Britain, The number of his Forces in these Garrisons. contained one Legion, then about 4000 Ten Bands or Companies, and Three Troops or Wings of Horse; in all about 6000 Foot, and 300 Hose. From one end of the Wall to the other, and on both sides of it, were also placed, under this Duke, 23 Tribunes and Praefects (whereof there were Five Wings, and one Troop of Horse) to Guard it. 1. Tribunus Cohortis quartae Lergorum, Segeduno. Roman Garrisons upon the Wall. The Tribune of the Fourth Cohort of the Lergi (what they were is not known) at Segehill in Northumberland. 2. Tribunus Cohortis, (s) They Inhabited Warwick, Worcester, Stafford, Shrop, and Cheshires▪ Cornaviorum, (t) So denominated from Aelius Hadrianus the Emperor, that built it. Ponte-Aelii. The Tribune of the (s) They Inhabited Warwick, Worcester, Stafford, Shrop, and Cheshires▪ Cornavii, at (t) So denominated from Aelius Hadrianus the Emperor, that built it. Pont-Eland in Northumberland. 3. Praefectus, (u) Wings, Wings of Soldiers, what they were, and why so called. Lib. 2. c. 8. Suet. in Augusto, c. 38. were Squadrons or Troops of Horse, placed on the Right and Left Flanks, or sides of Legions, or other Bodies of Foot, as the Wings of Birds and Fowls upon their Body's, they consisted of 56, or at most 66 Horse, as Vegetius says; their Captains were called Praefects, and were the Sons of Senators: but this agrees not with Pancirols Account, who makes these Wings at least 100 Horse, but more of the number afterward. Alae primae Asturum, Conderco. The Praefect of the first (u) Wings, Wings of Soldiers, what they were, and why so called. Lib. 2. c. 8. Suet. in Augusto, c. 38. were Squadrons or Troops of Horse, placed on the Right and Left Flanks, or sides of Legions, or other Bodies of Foot, as the Wings of Birds and Fowls upon their Body's, they consisted of 56, or at most 66 Horse, as Vegetius says; their Captains were called Praefects, and were the Sons of Senators: but this agrees not with Pancirols Account, who makes these Wings at least 100 Horse, but more of the number afterward. Wing of * Asturians, or Esturians, People in Spain, their Country Asturia, Situate between Gallaecia, Portugal and Leon. Esturians in Spain, at Chester on the Street, in the Bishopric of Durham, between that Town and Newcastle. 4. Tribunus Cohortis primae, Frixagorum forsan (x) From the Town Fraxinum; there were two of that Name in Spain, according to the Itinerary put out by Surita, and 3 or 4 of them according to Ferrarius, and now, in the vulgar Spanish, all called Fresno. Fraxinorum. The Tribune of the first Cohort of Frixagians (what they were is not known) but perhaps rather of (x) From the Town Fraxinum; there were two of that Name in Spain, according to the Itinerary put out by Surita, and 3 or 4 of them according to Ferrarius, and now, in the vulgar Spanish, all called Fresno. Fraxinians at Walls-end in Northumberland. 5. Praefectus Alae (z) So named from Sabina, Hadrians Empress, as Cambden, or the Sabini, a People of Italy, or from Savia Panonia, where they might be raised, now Windischland, between Carniola, and Croatia, upon the River Savus. Savinianae (y) Hunnum, in the Roman Map of Britain, seems to be Rowcliffe, near Carlisle in Cumberland, and Aesica, not far from it. , Humo. The Praefect of the (z) So named from Sabina, Hadrians Empress, as Cambden, or the Sabini, a People of Italy, or from Savia Panonia, where they might be raised, now Windischland, between Carniola, and Croatia, upon the River Savus. Savinian Wing at (a) There seems to be some resemblance, between Saviniana Ala▪ and Sevenshale. Sevenshale in Northumberland. 6. Praefectus Alae secundae Asturum, Cilurno. The Praefect of the Second Wing of Esturians at Collerton, or Collerford in Northumberland. 7. Tribunus Cohortis primae Batavorum, Procolitia. The Tribune of the first Batavian Cohort at Prodhowe Castle in Northumberland. 8. Tribunus Cohortis primae Tungrorum Borcovico. The Tribune of the first Cohort of Tungrians at Berwick. 9 Tribunus Cohortis quartae Gallorum, Vindolana. The Tribune of the fourth Cohort of the Gauls or French, at Winchester in the Wall, or Old Winchester in Northumberland. 10. Tribunus Cohortis primae Asturum, Aesica. The Tribune of the first Cohort of the Esturians at Netherby upon Eske in Cumberland. 11. Tribunus Cohortis secundae Dalmatarum, Magnis. The Tribune of the second Cohort of Dalmatians at Chester in the Wall in Northumberland, near Haltwessel. 12. Tribunus Cohortis primae (b) So denominated from Aelius Hadrianus the Emperor. Aelii (c) People of Dacia, which contained those Countries that are now called Transylvania, Moldavia, and Wallachia. Dacorum, Amboglanna. The Tribune of the first (b) So denominated from Aelius Hadrianus the Emperor. Aelian Cohort of (c) People of Dacia, which contained those Countries that are now called Transylvania, Moldavia, and Wallachia. Dacians, at Ambleside in Westmoreland, upon Winander Mere. 13. Praefectus Alae petrianae, Petrianis. The Praefect of the Petrian Wing at some place near Peteril in Cumberland. 14. Praefectus numeri Manrorum (d) So called from Aurelianus the Emperor. Aurelianorum, Aballaba. The Praefect of the Band or Company of (d) So called from Aurelianus the Emperor. Aurelian Moors, at Appleby in Westmoreland. 15. Tribunus Cohortis secundae Lergorum, Congavata. The Tribune of the Second Cohort of the Lergians, at a place near Candbeck in Cumberland. 16. Tribunus Cohortis primae Hispanorum, Axeloduno. The Tribune of the first Cohort of the Spaniards at Hexham in the Bishopric of Durham. 17. Tribunus Cohortis secundae Thracum, Gabrosenti. The Tribune of the second Cohort of the Thracians at Gatesend, near Newcastle. 18. Tribunus Cohortis primae Aeliae Classicae, Tunocello. The Tribune of the first Aelian Sea Cohort at Tinmouth in Northumberland. 19 Tribunus primae Cohortis (e) Morini, or Morines, People of Belgium, or Gallia Belgica, their Chief Town was Tarvanna, or Terovanna, now Teroenne, in the Confines of Picardy and Ar●ois. Morinorum, Glannibanta. The Tribune of the first Cohort of the Morini, at a place on the River Wentsbecke in Northumberland. 20. Tribunus Cohortis tertiae Nerviorum, Alio●e. The Tribune of the third Cohort of the Nervii at Lancaster, or Whitby Castle in Cumberland. 21. (f) Part of the Roman Army, so called, when it was drawn up in form of a Wedge; but here (as it oft doth) it may signify a single Troop or Band. Cuneus * Armatuna in general was any Exercise of Arms, and was either the Foot, or Horse Exercise; young Lads about 14 or 15 years of age were taught to handle their Arms, and some gestures of their Body. But the true Armatura, the Art and Science of the Exercise of Arms, was taught every day in the Army, by the Campidoctores, such as instructed young Soldiers in the knowledge of the Exercise of Arms; At first all Soldiers were instituted in the Art of Armature, but afterward only the Chief and Noblest Persons, such as served in the front of the Legions; and the Armaturae were called, and by it understood such Bands or Troops of Soldiers as were under the Campi-Doctors, and learned the Art of Armature; Of which Exercise there was also one peculiar kind, called Pyrricha, scientia saltandi in armis, an Art of Dancing in Arms. See Veget. lib. 2. Leo's Tactic. C. 7. Ammianus Marcellinus, Paris Edi●. 1681. fol. 52, 53, 58, 71, 72, 116. for the manner of Arming and teaching this Exercise. These mentioned here were Foot, as appears from the word Cuneus. Armaturarum, Brementuraco. The Band of Young Men that were taught the Art and Science of the Exercise of Arms at Brampton in Cumberland. 22. Praefectus Alae primae (g) The first Wing of the Legion so named, from Herculius Maximianus the Emperor. Herculeae, Olenaco. The Praefect of the first (g) The first Wing of the Legion so named, from Herculius Maximianus the Emperor. Herculean Wing at Helenborow in Cumberland. 23. Tribunus Cohortis Sextae Nerviorum, virosido. The Tribune of the sixth Cohort of Nervians at Werewicke upon the River Eden near Carlisle in Cumberland. His Office, or Court, and Officers, The Duke of Britain his Court. were the same in all things with those of the two Counts; his Government seems to have been in the Frontiers, in the more Northern parts of the Province, and the Government of the Counts in the Southern. By Panicrolls Account, Not. Imp. occid. c. 72, 73, 89. The whole Force of the Romans in Britain. De Magn. Roma●â lib. 1. c. 4. fol. 19 Rosin. Antiq. Rom. lib. 10. c. 4. Legions, Wings, and Cohorts divers, according to the Diversity of times. Veg●t. lib. 2. c. 6. Not. or. c. 100 f. 87. Commentar' de alis. Cuneus▪ What it signifies in a Military sense. Zos'. lib. 3.729. Armatura, What it was. this Duke had under his Command 14000 Foot, and 900 Horse; the Count of Britain 3000 Foot, and 600 Horse; the Count of the Saxon-Shore 2200 Foot, and 200 Horse; which added together, make 19200 Foot, and 1700 Horse, the whole Roman Force in this Island: but how this Account agrees with the Ancient Establishment of Legions, Cohorts, Wings, etc. in the ancint Empire, or with that of Vegetius, lib. 2. c. 6. de re militari, or of Modestus, fol 2. de vocab. rei militaris, and others, I shall not inquire; nor as Lipsius said of the difference between Dio and Tacitus, about the number of Vrbane Cohorts, endeavour to reconcile them: for the Numbers in Legions, and consequently those of Wings and Cohorts, were divers, according to the Diversity of times, a Legion sometime consisted of 3, 4, 5, or 6000 Foot, and 2 or 300, or more Horse. The first Cohort, when Vegetius Wrote in the time of Valentinian, consisted of 1105 Foot, and 132 Horse; the second 560 Foot, and 66 Horse, the other Cohorts were 555 Foot, and 66 Horse, a full Legion, which contained 10 Cohorts, being then 6105 Foot, and 726 Horse. Lipsius speaks of Legions and Cohorts, De M●g. Romon. lib. 1. c. 4, 5. which were various in number: and as the Legions, Cohorts, Bands, Wings, etc. at different times, were various in Number, Military Officers, different, according to different times. so also it is most probable, that the Commanders of them had various Names, although they had the same Command, such as are here expressed, Tribune, Praefect, Provost, etc. More to this purpose may be read in Leo's Tactics, c. 4, etc. The Romans placed their Garrisons towards the Frontiers. It was usual, and always done by the Romans, to place their Garrisons, and make their Soldiers Quarters towards the Limits and outmost bounds of their Provinces, and fix their Colonies in the more inward parts of their Conquests, as well to cultivate the People, as to over-awe and keep them in Subjection, for they were all places of Force and Strength, though less exercised in War then those in the Frontiers and Borders; so we see it was here in England, there were Guards and Garrisons on the limits next Scotland chief, and on the Seacoasts; Castra Stativa, Hiberna, aestiva. Gogmagog-Hills, etc. not but they had also here their Castra Stativa, hiberna, and aestiva, their constant and fixed Camps in the Fields; their Winter and Summer Camps. Such were the Fortress upon Gogmagog Hills near Cambridge, being 1000 Paces about on the outside, encompassed with a Double Ditch, and two high Banks. That before and on the North-side the Crown-Inn in Chesterford in Essex, where, on the right hand, in the Bottom, going up the Hill, from Cambridge, or Born-Bridge, toward the Inn which stands upon London-Road, is yet to be seen the Foundation of a Footbridge over the Trench toward Icleton, (or Old Icelodunum) made of Roman-Brick and Mortar; and as I received it from that Learned and Worthy Person Sir Thomas Darrel of Castle-Camps, and sometimes of Hinckston, near the place, he had seen some of Antoninus Pius his Roman Coin, which was found, and Ploughed up within the Trench. One there is upon the Hill opposite to Audley-Inn-House, on the Westside of it; another at Little-Bury near adjoining, from whence the Name of the Village, it lies behind the Church near to the Rivulet; another in Wiltshire opposite to the Town or Village Wiley, called Yanesbury; another in Dorsetshire near M●nckton, and not many Miles from Dorchester, and in other parts of the Nation; by these they kept in subjection the Natives and Mediterranean People, The Saxons made use of the Roman Castra, or Fortresses. though they did not fill their Colonies with Soldiers; Several of these Castra were used by the Saxons for the same purpose, when the Romans left the Nation, and some of them were by them called chester's, or Castres', and have those Names at this day. Veget. de re Militari, lib. 3. c. 6. The Roman Ways. Eccles. Hist. lib. 1. c. 11. The Romans, for the greater Conveniency of Passage from Garrison to Garrison, (h) Stations were their Winter-Camps, Fortresses, and perhaps Garrisons; hence the Passages from one to another were called Military-ways, or Soldiers ways. Station to Station, (i) Colonia & Municipium were often changed one into another, Roman Stations. What. Municipium, What. and these words used promiscuously sometimes for the same places. Colony to Colony, and from one (k) A City or Town having the same Privileges that Rome had, or rather according to Modern acceptation, a City or Town, having its own proper and special Officers, Laws, and Privileges. Municipium or Corporation to another, had their Public Ways, called the Consulary, Praetorian, Kings, and Military Ways, etc. by Bede, and the Moderns, Strates, or Streets. There were in England Four of chiefest note, (l) Via Vetelingiana, from I know not what Wetle, or Wethle, or from Vitellianus, if it could be made out; in Saxon, Wetelinga-streate, from the word Street common to all ways; Watling-street. His Dictionary. and the Saxon Weadle signifying a Beggar, or poor Man, as Summoner guesseth, because it might be frequented by such; or because (having the King's Peace, as also the others had) it became a free and secure passage both to Poor and Rich: it was also called Werlam-streate (because it went thorough, or passed near Veru●am, Camb. Brit. 45. or St. Alban) high Dike, high-Ridge, Forty foot, or Ridge-way, by those that live near it: Some Authors affirm this Street to have gone from Dover, by, or through London to Westchester, others to Cardigan in Wales. Watling-street, (m) Via Icenorum, so called, because it passed thorough, Ikenild-street. or led from the Icenians, according to the common opinion: but if it went from Tinmouth to Southampton, through Yorkshire, Darbyshire, Leicestershire, Warwickshire, Glocestershire, Warwicksh. Antiquities. fol. 666. Peramb. Kent. 268. Oxfordshire, and so directly to Winchester and Southampton, as the Learned Dugdale hath described it, or from Tinmouth to St. David's, as Lambard, it could not then come near the Iceni, nor by consequence have its name from them; but if it went cross the Nation, from East to West, as the Archdeacon of Huntingdon affirms, it might then either begin or end there; or if Iken in the British Tongue signifies an Elbow, or Angle (as I have some where read) and that this Street should have made many Angles, by turning up and down the Country, it might then have received its name from thence. Ermine street. Spel. Glossar. 319. Ikenild-street, Book II. Part 1 (n) Ermingstreet, perhaps for Hermen-street, from Hermes, or Mercury, whose Statue, raised upon a Pillar, the Saxons Worshipped, which might be placed upon this way, or Ermund-street, from Er, and that from Apus, Mars; Mund in Saxon, Safety, or Defence, and Street, as much as to say the Martial, or Mars, his free and safe Street; or lastly, as Summoner guesseth, it may more truly be Written, Herman-street, that is, the Military, or Soldiers way, which went from Southampton to St. David's in West- Wales, as some affirm, or as others, to Carlisle in the North. Erminstreet, and (o) Fosse-way, from Fossa a Ditch, because it was Ditched on both sides; this way passed from To●nes, a Cape in Cornwall, Fosse-way. Peramb. Kent. 268. to Cathness in Scotland, as Lambard saith; or as others, from the furthest part of Cornwall through Devonshire, Somersetshire, Wiltshire, Warwickshire, to Coventry, from thence to Leicester, and Lincoln, where it ended; or thence, according to others, to York, etc. The Tracts of these Four Ways, are, and have been, for many Ages, very obscure, and Authors do very much differ about them, and I believe it is not yet sufficiently cleared, where any one of them distinctly went, or through what parts of the Kingdom; and there being very many more Military Ways, they who sought after them, Lambard. L●. Ed. Confess. c. 12. The Privileges of the Four great Ways. might hit sometimes upon one, sometimes upon another; they had belonging to them, very considerable Immunities and Privileges; amongst others, the King's Peace was granted unto them. That is, Security of Life and Goods; and upon these Ways, the Persons of all Men, in all Cases, were free from Arrest, and their Goods from Distress. the Fosse-way; too whereof were extended cross the Breadth of the Kingdom, Lamb. Ll. Ed. Confess. c. 12. the other through the length of it. These were made by the Soldiers and People under the excellent Discipline of the Romans, and other great and magnificent Works performed, as well to prevent the mischief arising from Idleness, as for their own convenience, but not without the very hard labour of the Provincials, as the Britain's grievously complained, that the Romans wore out, Four of them of most Note. How made. Tacit. in vitâ, Agric. c. 31. and consumed their Bodies and Hands in clearing the Woods, and making Ways over the Fens and Bogs, with 1000 Stripes and Reproaches. The vast Charge and Labour in making these Ways, may be collected from the carriage of Gravel, Sand, and Stones many Miles, where the Soil itself afforded no such Materials; as in most, or a great part of that Gravel Cause-way, Dugd. Hist. of draining, fol. 157. a. The Cause way through the Fens. which extendeth itself from Denver near Downham-Market in Norfolk, over the Fens to Peterborough, 24 Miles in length, about 3 foot thick, and 60 foot broad, but that there were many more than these Four Famed Ways, and that from Garrison to Garrison, Station to Station, Colony to Colony, etc. That part of the Itinerary which relates to Britain, is a sufficient Argument, where there are described 16 several Journeys in several Traverses and Turn up and down the Country, where these ways went not; yet 'tis not unlikely, that wheresoever these ways have appeared, or howsoever they have been described, they might be branches of, and terminate in the Great Ways: Upon these ways were placed Mansions, where Strangers stayed and rested themselves, there being Inns for their Reception and Entertainment, and Mutations, where they changed their Post-horses, Wagons and Chariots; where there was only Provision for Horses, and Carriages, and not for Men. Their Works were so stupendious, that in these latter Ages they exceed the Belief of Human Performance, and are esteemed impossible to have been done by Men. But whosoever considers what Burdens the Common Soldiers carried in their ordinary Marches, as a Month's Provision of Diet, Roma Illustrata, 139, 140. The Soldiers Burden when they Marched. a Spear, Shield, and Helmet, their Utensils for sudden Entrenching, and Encamping, a Saw, Basket, Spade, Hatchet, and other Instruments, besides several Stakes sharped at one end, a Thong also and Chain for the Binding of their Captives; will not much wonder, that Men, accustomed to such hardships, should outdo the Labours of other Men. And lest they might prove lazy, and lose their vigour by lying still, especially from their Winter-Camps, They March out of their Camp Thrice in a Month. They were Exercised Twice in a Day. they were commanded to March out thrice in a Month Ten Miles, and back again, furnished with all their Arms and Utensils, as if they were upon an Expedition. Besides this, the Raw Soldiers were Exercised Twice every Day, and the Veterans once. He that hath a Mind to Wonder at the Prodigiousness of the Works of Rome, which were also in many of their Greater Towns and Colonies, let him Read Lipsius his Third Book, De Magnitudine Romanâ, where he may lo●● himself in Admiration. THE FIRST PART OF THE Saxon History. BOOK II. AN Exact History of the Actions of the Saxons cannot be expected, Book II. Part 1 where there is such want of good Authors, especially for some considerable time after their arrival here. Chap. 2. p. 8. Gildas Wrote from the Information of Foreign Authors. Gildas confesseth he Wrote his Epistle from the Information he had out of Foreign Writers, and not from any Chronicle or Annals he had seen left by any Historian of his own Country, which (if any such were) had been either burnt, or carried beyond the Seas, by such as fled thither. Bede, with some Additions of his own, followed Gildas and Ethelward, and most others Bede; and the old imperfect Chronicle printed with him: Indeed, whosoever considers the continual Wars in this Nation, the Barbarity of the Saxons, the Desolation they every where made, and the Persecution they raised against Religion, and Religious Men, their cruelty in putting to death Priests, Monks and Friars, of all Orders: Their Burning, Destroying, Learning most in Monasteries. and Rifling of Monasteries, where most of the Learning of that Age was then Cloistered, and the most considerable Memoires of things preserved; cannot, in reason, hope for a very particular and just account of what was done here for several Centuries of years (especially in Ecclesiastic Matters) before the coming of Augustin, Anno Domini 598. or thereabouts. they being wholly confined to the Descriptions of the Customs of some particular places, and the Lives and Actions of particular Persons, and those so blended with the Fabulous Hyperboles, and Metaphors of Ignorant Writers (such as the Age they lived in afforded) that the brightest Rays of Truth, could scarce penetrate and appear through those thick clouds of darkness, and Ignorance. There are hints to this purpose in William of Malmesbury, and others of good note: In his Prologue to his Gesta regum. Malmesbury says, fol. 105. b. n. 30. There were none after Bede to the Normans that had any care to Write the History to those times. Yet I could not be satisfied but that I must make a re-search into what Authors I could, both Printed and Manuscripts, that I might make Public an Authentic and well-grounded History of these Times. But failing in my expectation, I resolved to be very short, as having not where found a sufficient Warrant to Write much, notwithstanding all my Pains and Industry. I have omitted all the particular Accounts of the Foundation of Monasteries, their Burn, Ruins, and Desolations in these times, with the Legends and Fables relating thereto; As also those of particular Christians and Saints, for which, they that please, may peruse the several Parts of the Monasticon of the Laborious and Learned Sir William Dugdale; the several Martyrologists, Menologists, and Biographers of those times, where they may have a sufficient variety of these things; and have noted only such things as are pertinent to the Design of this History, and that have an Appearance of Truth: Yet if any Man be doubtful, let him give, or suspend his Assent and Belief, as he likes the probability of the Matter of Fact, and the Author which I have every where cited. For I doubt not but in many things, and ofttimes, the Monks Wrote according to the Vulgar Tales and Traditions of the People, adding something of their own Fancies and Conjectures, by way of Increment, or Paraphrase, and the latter always followed the former. As William of Malmesbury traced Eadmer, Hoveden follows Huntingdon, and he Florence of Worcester, and him Simon Dunelmensis, Mat. Paris Transcribed Roger Wendover, etc. The strange Intricacies in the Chronology of this Age are also to be noted, sometimes going backward, and sometimes forward, or making report of things done without any certainty of time. These things I have Premised, to save others the Labour and trouble I have been at; for, upon Trial, they will be as much deceived in their Satisfaction, as I was myself. See Ushers Primord. p. 394. For the usages of the Saxons, we must look further than our own Historians, Cimbers. Celts, Germans. The Saxons not named in Tacitus▪ So that for the Laws, Customs, and Usages of the Saxons and Germane People that came hither with them, we must look further than our own Historians, or rest satisfied with a very ordinary, pitiful, and lame Accounted of them: Nor can we in the more early times find much of the Saxons, or any other particular People, but as they passed under the general Names of Cimbers, Celts, Germans, etc. Tacitus, his Book De moribus Germanorum, mentions not the Saxons, and what Name they had, or what People they were in his time among the Germans, I leave to the conjectures of Crantius [1.] In praefat. ad Hist. Saxon. Cisner [2.] In Praef. ad Crantium. Cluverius [3.] In Ant. Germ. fol. 588. and others, as not being much to our purpose to know it; for it was usual with those People to change their Names, almost as often as they did their Countries, driving one another from their Seats, the weakest either yielding to, or being removed by the Power of the strongest; and sometimes when many small Nations put themselves under the Patronage and Protection of greater, and became their Clients, they became also one Body of People, and were afterwards better known by the Names of their Patrons, than their own. Tacitus Secundo Annalium, cap. 44, 45. where the Semnones and Longobardi are accounted Swevish Nations; and de Moribus Germ. c. 38, 39 where, though the Semnones are said to have inhabited an 100 Pagi, or smaller Territories, yet they were esteemed but the chief of the Swevians. More to this purpose may be seen in Lazius de transmigratione Gentium. Cluverius, lib. 3. Ant. Germ. cap. 25 and 27. and in Learned Sheringham, de Angl. Gent. orig. cap. 3. n. 1. Though Tacitus, who lived about the beginning of [4.] An. Dom. 100 Cluver. ibid. fol. 3. Ferrar. Lexicon. Trajan the Emperor, names not the Saxons, yet Ptolomaeus the Geographer, within less than 40 years after, who [5.] Geogra. fol. 357. Edit. Paris. The Germans Illiterate. flourished in the Reign of Hadrian and Antoninus Pius, expressly mentions them, their Seat and Country. When Tacitus Wrote, both Germane Men and Women were Illiterate; [6.] Tacit. de Morib. Germ. cap. 19 They were Governed by Customs. Plus boni m●res ibi valen● quam alibi bonae leges. Many Customs in the Saxon times the same with the Germane Customs. Hanging and Drowning for great Crimes. Dugd. Origin. Literarum Secreta ignorabant; and therefore 'tis more than probable they had no Written Laws, but lived, and regulated themselves by their Customs, which the same Author in this Chapter says were of more Authority with them, then good Laws in other places. Some they then had, not much unlike some of our Customs and Laws in the Saxons time here in England, and probably were but a continuation of their usages in Germany: Treason and great offences, Scelera & flagitia (to which our word Felony answers) ibid. c. 12. were punished by Hanging the Offenders upon Trees, or Drowning them. The same Punishments we have mentioned in our Ancient Charters and Laws, Furca and Fossa, Pit and Gallows, Hanging and Drowning; for Crimes that deserved either, were [7.] Jurid. cap. 31. Leg. Inae. n 23. practised here in the Saxon, and after in the Norman times, and with the Scots more lately, and perhaps at this day. [8.] Tacit. ut supra. Fines and Mulcts for small Offences. Delicta, or lesser offences, they punished by Fining the Delinquent in a certain Number of Horses or Cattle. [9.] Ibid. c. 5. (which then was their Wealth) for Gold and Silver they had none. [1.] Ibid. c. 12. Part paid to the King, part to the Injured Person, or his Relations. part of which Mulct belonged to the King, where there was one, or to the Nation where there was none, and [2.] Ibid. part was paid to the Injured Person, or his Relations. This practice often occurs in our Saxon Laws; again, [3.] Ibid. c. 21. The same Punishments and Mulcts in our Saxon Times and Laws. Murder punished by Pecuniary Mulcts. Homicide and Murder were Penal Punishments, by a certain number of Beasts, and Cattle, and the whole Family received satisfaction. Nothing more frequent in our Saxon Laws then Pecuniary Mulcts for Murder, and a * LL. Inae. n. 7●. Inheritance and Success giving or division of it to some of, and amongst the Murdered Persons Relations. Haeredes successoresque sui, etc. every Man's necessary heirs were his Children, they had no testamentary heirs, if there were no Children, than the next of the Kindred, Brothers, Uncle by the Father, and Uncle by the Mother succeeded; This Succession and Inheritance seems not to have been of Lands, but Goods; unless it was in such a share and portion of Land, which of right was annually set out to the Predecessor, for they had no fixed Estates. [4.] Ibid. c. 26. Their Propriety was only Annual. Their Lands were used and manured of every one by turns, according to the number of his Husband or Plowmen, which they quickly divided amongst themselves, according to their Dignity or Eminency. The largeness of their Fields made the partition easy. They every Year changed their Arable Lands, and one Field lay fallow. Caesar more clearly delivers this Custom of Land-shifting, which originally was commune to most Nations; speaking of the Germans, [5.] Comment. 6. p. 224, 225. The Germans lived upon Milk, Cheese and Flesh. They lived together in Tribes or Kindred's. He saith, Agriculture they minded not, further than to serve their own necessities, and the greatest part of their Food was Milk, Cheese, and Flesh; nor had any one any certain Land of his own, contained within certain Bounds and Limits; but their Magistrates, Princes, or Chiefs, appointed to their several Tribes, Families, or Kindred's (who always lived together) as much Land, and in what place they thought good; and the next Year force them out of it. [6.] Tacit. de mor. Germ. c. 16. They had no Cities. Their Houses poor Sheds, or Cotes, etc. Cities the Germans had none, they placed themselves where Rivers, or Brooks, Fields and Woods offered most conveniency, per (a) Vicus à Via; It being nothing else but two Rows of Houses, with a Way between them; and via à veha, because their Carriages were brought out of the Fields, and from otherwhere upon this Way; and from vehilla, villa; Vicus now signifies a Town, and was anciently a Collection, or Conjunction of many Villas, or Farm-Houses in Rows. These Vici had sometimes Cross and Obliqne Streets, whence probably the Vici Majores, which afterward became burgh's, and places of note, or Oppida Majora, and Cities, from vicus comes, vicinus, Nigh-burgh, or as we Writ it, Neighbour. Vicos, as it were in Streets, not according to the manner of the Romans, with their Houses joined together, but severed one from another, and compassed about with a space of Ground. Their Houses were poor Sheds or Coats, and the [7.] Herodian. in Maximin. lib. 7. fol. 147. Steph. Ed. Materials of them Wood, Branches of Trees, Culm or Stubble. [8.] Tacitus ut supra, c. 11. They assembled on set days, either in the Full▪ or New of the Moon. The Priests were Chair-men in their Assemblies, and had a Coercive Right. Their manner of Approbation or dislike in their Assemblies. They Assembled upon set days, either in the New or Full of the Moon, unless some Fortuitous or sudden thing happened. They sat Armed in these Assemblies, and took their Places as it pleased the Multitude. Silence was enjoined by the Priests, who were Chair-Men here, and had a coercive right. If what was by any one propounded in these Conventions, was not Allowed by them, they shown their Dislike, and despised it by Morosity, and Roaring Outcries; But if it pleased them, they clashed and rattled together their Spears and Pikes. [9.] Ibid. c. 12. Vicus, What, and whence derived. Via, Whence derived. Vici Majores, became burgh's, great Towns, and Cities. Vicinus, whence derived. In these Assemblies, the Chiefs, Princes, or Governors were chosen, which declared Law and Right in every (b) These Pagi, which at this day the French call [1.] Vales in Praef. ad notit. Gal. fol. 9 What Pagi were, and are. Pays, and the Germane, Gows, or Gaws, Choves, or Chaves, were of three sorts; greater, lesser, and very small ones: the greater, Pagi, Pay's, Gows, or Gaves, were the same with [2.] Ibidem. What the Great Pagi. Civitates, or the whole Nation of that denomination; as Pagus Parisiacus, Senonicus Pagus, etc. Pays de Normandy, etc. The lesser were commonly some parts of the greater, as Francia la France, or the Isle of France, and le Parisis, part of the Ancient Pagus Parisiacus; and those Pays, or Pagi of smaller note in the same Territory, or greater Pagus, are Pagus Josacensis vel Huripensis; la Josas, or la Huripois, and Pagus Castrensis, which took their Names from small and obscure places. Pagus Senonicus, or Le Senonois, beside some of better note, contained the Pagi; also Wastinensis, Melodunensis, and Stampensis, le Gastinois, Melunois, and l'Stampois. In Normandy the lesser Pagi, or Territories were Pagus Caleticus, Le pays de caux, pagus Constantinus, le contentin, pagus Baiocass●us, le Bessin, etc. The smallest pagi, The Lesser Pagi. Oximensis le pays de Hiesmois, Holmetius, pagus le pays du Houlme, etc. le pays Hovinet, de ●ve●ot inter Morinorum pagos, who were seated in part of Flanders, The Smallest Pagi. in part of Picardy, and par● of the adjoining Countries, were Pagus Tervanensis, and a portion of that pagus Teruensis, from the little River Teru; also pagus Gesoriacus le Boulounois, pagus Gisnensis, le comte de Guines, and Ager, or pagus Au●nsis, la Terra de Oye, so named from Auca, a small obscure Town upon the Coast. Helvetia was divided into four Pagos, Regions, Countries, or Gawes. 1. Zurich-Gowe, Pagus Tigurinus, the Region or Country about Zurich. 2. Wiflispurger-Gowe, pagus Aventinus, the Country or Territory about Wiflisburg. Argow, the Country about the River Aar. Turgowe pagus Turensis, the Country lying about the River Thur. And these again were subdivided into many Praefectures, and Gawes, or Pagi, whereof Zurich-Gowe into Nine Great ones, and Twenty Two small ones; And Wiflisburger-Gowe, or pagus Aventinus into Thirty one Germane, and Eight French Praefectures, or Governments. Besides these, there are pagus Brisiacensis, pagus Sungintensis, Brisgow and Sungow, pagus Mosanus, Masg●w, or now Maseland, pagus Mosellanus, Muselgawe, from the great Rivers Maes, and mosel, and from Saravus, or Sarra, the River Sar, which parts Lorraine and Alsace, and falls into the mosel, pagus Saravensis, Sarchowva, or Sargowe, also from the small River Nide, that falls into the Sar; pagus Nitensis, Nita-chouva, Nitegow, and Hundreds, more great and small, throughout the Countries of Upper and Lower Germany and Gallia; as may appear to any one that will be further satisfied, in Valesius his Notitia Galliae, and Blacus Tables, or Maps of France and Germany, Vol. 1.2. In the Antiquities of the Abbey of Fulda upon the River Fulda, in Franconia, there are many Donations of Lands in Pago Tullifield, in Villa Sundheim, f. 548. A.D. 858. in villa quae vocatur Hostein, in pago Grapfield in Comitatu Kristani comitis; and in another place he names Fifteen Villages, or Towns in pago Grapfield in comitatu comitis, who was Commander of that place, fol. 570. An. Dom. ●74, To the Tradition or Donation his testibus; Signum Kristani comitis, etc. yet about this time they used the words pagus, regis, and provinciae promiscuously; and in the same Leaf, are to be found in pago Grapfield, in Regione Grapfeld, These Pagi like our Counties, Ridings, Laths, and Hundreds. and in provincia Grapfeld, for the same place, fol. 564. An. Dom. 863. and the same of Tullifeld and others, 562, 563. We may conjecture these greater, lesser, and smaller pagi, Regions, or Territories, to have been like our Counties and Shires, or Laths, Trithings, Triking, or Ridings, which anciently contained several Hundreds in, or a third part of a County or Shire, and our Hundreds. Pagus or Vicus, that is Country or Territory, Shire, Streets, or Villages. Every one of these Princes had a Hundred of the common * The Plebs here were Military Men, not Rustics, but such as went to War with the Prince. people their Assessors, from whom they had Advice and Authority, which were called Comites. From this declaring Law in Vicusse's, or small places, Principes, or Governors, declare Law and Right in every Pagus, or Country, or Territory. Centeni ex Plebe Comites. Courtbarons, Leets, Manors. came our Courts, or small Towns, Courtbarons, Leets, and Manors. [3.] Not. Variorum on that place. Hundred Courts in Germany. There are yet in some parts of Germany, as in the Palatinate, Franconia, etc. Courts Criminal, which are called Zentgericht, or Hundred right, or Court, and the Precedents of them Zent-graffen, or Zent-greven, the Hundredary, or Judge of the Hundred; and the Assessors Zent-Schoppen, or Zent-Schappen; which most ancient Institution of the Germans, had its Name from the Number of Assessors. And from thence also we derive our Hundred Courts in England, where anciently there was a particular Person called the Centenarius, or Hundredarius, who was Judge, and all the best and Chief Men of the Country, Suitors, Assessors, or Jurors; where also the Bishops often sat with the Hundredarie. [4.] Tacitus ut supra, c. 13, 14. Comites. But besides these, there were Comites always about the Person of the Prince. There was difference amongst the followers of Princes, according to the Judgement and Appointment of him they followed. There was great emulation amongst these Comites, who should be Favourites, and among the Princes, who should have most and stoutest of them. This was their Honour, this their Strength, to be encircled with a Multitude of choice young Men, an Ornament in Peace, a Guard in War; yet none might take Arms before he was approved by the Nation. Antequam civitas probaverit. The Origin of Knighthood. Then in the very Council, or Assembly, some of the Princes, or his Father, or some of his Kindred, adorned him with a Sword and Spear. This was the first honour of their Youth, before they were only part of the Family, now of the Commonwealth; High Nobility, and great Merit of their Fathers, gave their Sons, though but young, the Title of Princes: [5.] Ibidem. The Prince and his Followers ought to be of equal Courage; it was Infamous to outlive him in Battle: The Oath of the Comites. It was dishonourable for the Prince to be overcome, and as dishonourable for his followers not to equal his courage; they were infamous ever after, that returned alive from Battle, where their Princes were slain, it being the chiefest part of their Oath to preserve, defend, and make him Glorious * Ibidem. Who all served on Horseback. They received from him a Horse fit for War, a Bloody and Conquering Spear; the Reward for their Service was Meat and Drink, and Large, though Rude entertainment, instead of pay or stipend: And when from the Prince's Munificence, they received a Boon, it was of things obtained by War and Rapine. [6.] Caesaris Com. 6. p. 226. Theft allowed. Theft not being infamous out of the bounds of their own Nation, and was allowed for the exercising and exciting the courage of their youths, [7.] Tacitus ut supra, c. 14. for without that a numerous Train of Followers was not to be maintained. [8.] Ibid. c. 15. The Princes received Cattle and Corn for the support of their own People, etc. The Princes, as an honorary, and for their Sustentation, received of every Man of the Nation a quantity of cattle, and Corn; and from their Neighbour Nations (such 'tis supposed as were under their Protection, not their Enemies) choice Horse, Arms and Furniture. Here seems to be the beginnings of Fees, and Feudal Tenors, or Benefices; here is a necessitude between the Prince and his Comites, and Followers, and a Mutual Obligation; they Swear to defend him, he Arms, Feeds, and Supports them; yet really, they were but little more, then mere Comites, according to the Notation of the words, which is derived from cum, and eo according to Vossius, in his Etymology, and became a Name of Dignity, from accompanying the General in War; or as [9.] Not. in Codinum, p. 288. Junius, Comes proprie est, qui cum altero est, eumque adjuvat; he is properly a Comes, that accompanies another Man, is with him, and helps and assists him; but more of this Title afterward. Comites were all Equites. These Comites were all Equites, Horsemen, chosen out of the Noble and best sort of People. The [1.] Tacitus ut supra, c. 6. The Foot how raised. Foot were chosen out of the generality of the People, ex omni Juventute, a Hundred out of every Pagus (it must be supposed out of the lesser Regions, or Pagi) and he that Commanded them was called Hundredarius, Centurio, or Centenarius, die hundreter, and the pagus Centuria, or die Hundreter. [2.] Ibidem. Et quod primo numerus fuit jam nomen & honour est. Besides these Military, Noble, or Freemen, there were amongst the Germans, Servants, or Slaves, [3.] Ib. c. 25. The Duty of a Germane Servant. The same with Boers. but not like the Roman Servants, or Slaves, who were employed in Family-Drudgeries, and Services; here every one managed his own House and Family. Their Lords enjoined them to provide a certainty of Grain, Cattle, and Apparel, which the Tenent or Servant performed, and no more. These were no other than Baurs, Buurs, or Boers, Plowmen, Colon's, or Rustic's, so called from Buen to Blow. And at that [4.] Antiq. Germ. fol. 100L. n. 20. Our Customs from those of Germany. Their Great Councils. time Cluverius Wrote, he says, many of these were in little better condition than Slaves to the Germane Noblemen inhabiting near the Seacoasts, their Riches being valued according to the number of their Buurs, whose conditions and duties were also certain, and prescribed; beyond which, if the Lord commanded, the Boer was not bound to obey. From these Ancient Customs of the Germans in general, if I mistake not, may be deduced the Grounds and Rudiments of the Saxon Laws, Government and Policy afterward in this Nation. Here we see their great Counsels, consisting of their Princes, Comites, Priests, and Eldest of the Nobility. [5.] Praef. to Ina's Laws. Their Division of their Country. Their Judges, and Ministers of Justice. Their Laws most Penal. So it was in this Nation, their division of their Countries into pagos and vicos; so in England, or New Saxony, into Shires, Counties, Laths, Trihings and Hundreds; and as they had their peculiar Governors, who were Judges in their pagi and vici, so we had our Shireves, Aldermen, and Hundredarie, that did the like in our Shires, etc. Their Laws were most Penal; and under Pecuniary Mulcts; so ours: Their Capital punishments Hanging and Drowning; so [6.] Dugd. Origin. Jurid. c. 31. Their Succession Lineal. ours: they had a Lineal Succession in their Goods and Estates; so had we in Bockland especially, etc. After Tacitus there are no considerable Authors, which give any account what was done in Germany for many years, and the complaints of [7.] Not. ad lib. 1 p Lypsius, and [8.] colit. lib. 1. c. 31. Saxons first named amongst the Germane people. Bertius were very true, that the Writers of the Middle Age, except Amianus Marcellinus, were very vain and idle, mixing Truth with Falsehood. The first that names the Saxons amongst the Germane People, Saxons Famous for Piracy, together with the Francs. is Claudius Ptolomaeus, the Great Geographer, and only tells where they were Seated, as he is cited by Cluverius, [9.] Antiq. Ger. lib. 3 c. 21. who flourished in the Reign of Hadrian, and Antoninus Pius, between the Years of Christ, 120, and 160. Afterward they grew Famous for Piracy, and joining with the [1.] Eutrop. lib. 9 Franc's, infested the Coasts of (c) Belgica, was contained between the Rivers, [7.] Vales in Not. Gal● in verbo ibidem, in verbo Armorica Belgica & Armorica, Where. Mas●, or Mose, and Sequane, or Seyn, comprehending the Coasts of Flanders, and Picardy, part of Normandy, etc. Belgica, and (d) The Coasts of [7.] Vales in Not. Gal● in verbo ibidem, in verbo Armorica Belgica & Armorica, Where. Normandy, and Britain, between the Rivers Seyn and Loire. Armorica, in the time of Dioclesian, [2.] Circa▪ An. Dom. 300. when Carausius, a Famed Person for Military Exploits at Sea, undertook at (e) Boulogne, Sur-mer, Gesoriacum, Morinorum, [8.] Ibidem in verbo Gesoriacum. Bologne on the Coasts of Picardy in France. Bononia, to secure and quiet those Coasts. The next News we hear of the Saxons, from any Author of credit, is from [3.] Lib. 27. c. 7. The Saxons and Francs attempt Gallia. An. Dom. 367. Amianus Marcellinus, in the Empire of Valentinian and Valens, where he says, the Francs, with the Saxons their Neighbours, attempted Gallia, wherever they could, by Sea and Land, Sacked and Burnt Towns, killing their Captives, and wasting the Country; and again in the third [4.] Armentor. lib. 28. c. 11 Consulate of Valentinian and Valens, An. Dom. 370. A great Multitude of the Saxons by Sea broke in upon the Roman Limits, and committed great slaughters upon their People. The Saxons and Francs Invade the British 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 Rhine 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 Piracy; [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 joined with the Saxons in R●pine and Piracy; 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 joined 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 join 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 ●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, etc. to the Elv, and all the Coasts from that River, to the Southermost Mouths of the Rhine 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 Germane 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 courageous, which Conquered the Country in Germany, lying between the Rivers, Rhine, 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 Conquered. 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 Britain's by their frequent spoiling, and harrassing of the Country near the Seacoasts, 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 Governed 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 only, The ancient Romans lived by Custom, rather than Written-Law. as Pompon. in leg. 2. §. 3. de origine juris, speaking of the ancient Romans, says; they used rather an uncertain Law and Custom, than 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 Customs, 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 expressly, that they received not the Caesarean▪ or any other Law, but only used their own Customs, 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 Civilised, and to Writ their Laws, they were but the Customs they had constantly used, unless the rude and barbarous Traditions and Customs of the Pagans, were by the first or ancient 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 Usages I shall not prosecute, as being the same with the Written Laws of the Germans, which are more ancient than 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 than is in our Saxon Laws, published by Lambard. For Alured, 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 began his Reign, Anno Dom. 712, and died 727. ibid. The rest of the Laws of the Saxon and Danish Kings follow in their succession of time, unto the Conquest of England by William Duke of Normandy. Having thus Noted the Age and beginning of our Saxon Laws, I shall also give an Account of the time, when first the several Germane and French Laws were Composed, or reduced into Writing. As they are published by Lindenbrogius, in his Code of Ancient Laws; the first was the (a) Hotton. in verb. in Diction. Feud. Salic-Law, why so called. A●mon. lib. 2. c. 10. Gallia West-France, Germany East-France. So called, from the River Sala in Germany, about which the Eastern Franc's inhabited, or probably near it held their Placita, and Conventions, in which they made their Laws, etc. or from Sal, or Sala, the same with Aula, a Hall, or Court; so that then Salic-Law was the Royal, or Court-Law. Salic Law, dictated to the (b) They were a stout People, and Inhabited no large Country, between the Saxons and Almains, called Franconia; afterwards they overran all Gallia and Germany; so that Gallia was called West-France, and Germany East-France. Wendelin, in his Leges Salicae Illustratae, endeavours to prove the Francs to have possessed, or inhabited the Country of the Aetuatici, which he places in Belgium, or Germany the Less, and in the Province of Brabant, between the Rivers Tamar and Lachar, and the Wood or Forest called Lafoy Forest Charboniere, making Diest the Ancient Sala, Hall, or Court of the Kings of the Salic, or Noble Francs; and in his Glossary of Salic Atuatic Words, he derives the Word Francus from the Atuatic Word Vranghe, or Vranck, yet in use in Haspen, * Hottom. ut supra. Gryph. Weich. bild. Saxon. c. 40. n. 5.8. Loccen. Antiq. Sueo-Goth. p. 35, 36. or Hasbania, the Neighbouring Country, which signifies Stout, Cruel, Fierce, Austere, etc. and further. That the name of the Francs was never known beyond the Rhine, until the Year 496. when Chlodov●us, in a mighty Victory at Tolbiacum, now Zulick, near Colen, subdued the Almains, who then left off their own Names, and called themselves Francones, and their Country Franconia, to obtain Favour from their fierce and cruel Conquerors and allay their Severity. Francs by Four of their Nobility, or Chief Men, chosen out of many others, as Sigebertus Gemblac reports in the Year 422. But under the Prologue to these Laws it is said, That Charles King of France (which was Charlemaign) ordered the small Book, Salic-Laws, when first Written. or Tract of the Salic Laws to be Written. Not but they were Written before without doubt, here only he intends they should be made more public. The next are the Burgundian Laws, Burgundian-Laws, when first given. established by Gundebald King of Burgundy, in the Second year of his Reign, as is said in the Preface to these Laws, which was about the Year 500, as appears by Greg. Turon. lib. 2. c. 32. with the consent of his Nobility, or Optimacy, and were selected out of some former Constitutions of his own, and his Parents, or Predecessors. Next follow the Alaman, Boioarian, or Bavarian, and Ripuarian (c) Ripuarii, were those People that inhabited the Countries between the Rivers Rhine, Mose, and Moselle, from Ripa, a River's Bank, whence Riparius, and Ripuarius. Laws, which the Prologue to the Bavarian Laws says, were given by King Theoderic, Boioarian, or Bavarian Laws when first given. When the Alaman and Ripuarian. The Laws of the West-Goths, when reduced into Method. or Theiri, King of Austrasiae, Almaniae, etc. Son of Clodovaeus, Greg. Turon. lib. 3. c. 1. who began his Reign, Anno 514, or 515. Helvicus a Isaacson. Then the Laws of the Wisigoths, or West-Goths, a Germane People, were reduced into some sort of Method by Euricus, or Euridicus, or Theodoricus, about the Year 500 Lindenbr. in prolegom. and received many Additions, and much Force from Chindaswind, and Receswind, Kings of these Goths, who began their Reigns about the Years 644, and 650. Ll. Wisigoth. lib. 2. Tit. 1. leg. 1.5, 7, 9 About this time the Laws of the (d) Longobards, from the Latin word Longus, and the Gothish word Bard, or Bart, a Lance, Twoedged Spear, or Halberd, so called from the Long Lance, or Halberd, which they used in War; they were derived from the Norwegians, amongst whom no other Arms were more frequent than that. Longobards, which were known by Use and Memory only: The Longobards or Lombard's Laws, when First Written. King Rotharis, who according to Isaacson, began his Reign, Anno Dom. 638. caused them to be put in order, and Written 70 years after the Lombard's came into Italy. Paulus Diac. Hist. Longobard. lib. 4. c. 44. The Saxons, Angles, Varins, and Frisons Laws. After these, or rather of an incertain date, are the Saxon Laws. The Laws of the Angles, Varins, and Frisons, of which there are but few published, and therefore presumed to be lost, unless they made use of the Laws of some other Nations with their own. The Capitulary of Charlemaign, Ludovicus Pius his Son, The Capitulary of Charles the Great Ludor. Pius his Son, and Lothar. his Son. and Lotharius his Son, was Collected by Ansegisus (Abbas Lobiensis) afterwards Archbishop of Sens, Trithemius, p. 120. in the Thirteenth year of the Reign of Ludovicus Pius, and his Son Lotharius, An. Dom. 827. as he found them dispersed here and there, in divers Membranes, or Parchments, as he says in his Preface to these Laws, which he divided into Four Books. Eginhart, in this matter, says, That after Charlemaign was Emperor, he took notice that there was much wanting in the Laws of his People, which he thought to have added, and reconciled the differences in them, and to have Corrected the evil Laws, but he did nothing more than add a few Chapters to the Laws in being, and those imperfect: yet he caused the Laws of all Nations under his Dominion, that were not Written, to be Written, p. 32. The Three latter Books of this Capitulary were Collected by Benedict the Levite, from divers places and Schedules, but chief out of the Archives of the Metropolitical Church of Ments, whereunto he belonged; And as he notes, some Chapters are to be found double or triple, and some the same with those Collected by Ansegise, because he found them in divers Schedules, and had not time to correct, or reduce them into order. See his Preface before the Fifth Book. Many, different, and almost contrary Laws there are in this Capitulary, and the other Germane Constitutions, and were so, because made by divers Emperors, Kings, and Governors, with their Councils, at divers times, and in divers Countries, according to their several Usages, and are published as they were found; nor was there ever, that I find, an entire Code picked out of all these Laws, as Charles the Great (without doubt) designed for a General Law. Yet this Capitulary which bears his Name, was called an Edict, The capitulary of Charles the Great esteemed the Common-Law of Germany. and in many matters was esteemed the Commune Law of Germany, as is clear in lib. 2. leg. Longobard, Tit. 56. Romani Successiones juxta illorum legem habeant, similiter & omnes Scriptiones secundum legem suam faciant, & quando jurant juxta Legem suam Jurent. Et alii similiter faciant: Et quando componunt, juxta legem ipsius cujus malum fecerint, componant, & Longobardoes illos convenit similiter componere. De caeteris vero causis communi lege vivant, quam Dominus Carolus excellentissimus Rex Franconum atque Longobardorum in edictum adjunxit. That is, the Romans may have their Successions (in Goods or Estates) according to their Laws, and likewise may make all their Writings, or Charts, according to their Law: And when they Swear or make Oath of any thing, they may Swear according to their Law: And others (Nations or People) may do the like; and when they compound (for any Fault or Injury done by them) they may compound (pay the Mulct) according to the Law of him (People of many Nations living at this time promiscuously together) unto whom they shall do Injury; concerning other causes they may live according to the Commune Law, which Charles, the most excellent King of the Franc's and Longobards united into an Edict. Above this Law stands Carolus Imperator, as made by him, which was Charles the Gross, Great Grandchild to Charles the Great, and took upon him the Empire of Germany, 877. Antiq. Alaman. Tom. 2. Part. 1. Fol. 4. The Germans would not admit the Roman-Laws, or any other but their own. Whatever these Laws seemed to be to others, yet they so esteemed them, as they would admit no other Laws of other Nations in their Judgements or Decisions of Controversies, yet permitted Men to Read them for Equity sake, and to better their Understanding, though they prohibited the use of them in their Courts and Conventions, for this reason, that though they entertained very many Eloquent Sentences and Constitutions, yet they abounded in Difficulties, and for that a plain order of words were sufficient, and most fit for the doing of Justice. Therefore they would not be vexed with the Roman Law, or any Foreign Institutions. Leg. Wisigoth. lib. 2. Tit. 1. Leg. 9, 10. Capit. Caroli & Ludou. lib. 6. Tit. 269. Thus having shown the Origin, or Time when our Saxon and the Germane Laws began to be Written, let us proceed to see what agreement and likeness there is between them. I should be troublesome to the Reader to no purpose, should I here Insert all the Laws of the English-Saxons and Germane, that are like one another, or the very same for substance and matter, though the Mulcts or Penalties may be greater or less, according to the Judgement of the Legislators, and the exigency of different cases. The Matter, Our Saxon-Laws are to be found amongst the old Germane Laws. and in most of them the Manner is the same, although different in some circumstances; and there is not one Law published by Lambard, but either its self, or the Matter and Substance of it, is to be found over and over again in the Germane Laws. The English and Germane Laws for Murder the same. Their Laws for punishing Manslaughter, and Murder, by Pecuniary Mulcts, were alike, only different in the Sums or Penalties imposed. Ll. Inae. c. 33. Alured. c. 26. Edmund. c. 3. Ethelred in Faeder. cum Antavo. c. 5. Senatus consult. de Montic. Walliae. c. 5. The same are to be found amongst the Germane Laws, as Ll. Fris. Tit. 1.17. and 20. Saxon, Tit. 2. Ripuar. c. 7, 8, 9, 10, 11, 12, 13, 14, 16, 36. Boioar. Tit. 18. c. 2. Alaman. Tit. 49.76. Salic. Tit. 61. Anglor. Tit. 1. c. 9 and as by some of our Saxon Laws, Killing a Man was Death, Praefat. in Leg. Alured. c. 13. so was it by the Germane Law, Capit. Car. lib. 6. Tit. 5.39. Ibid. lib. 7. Tit. 183. Banishment for Manslaughter, Ll. Canut. c. 6. Capit. Car. lib. 4. Tit. 20. In some of these forecited German-Laws, Man-killing is called Mordritum, in others Mordrido, or Mortando, Mordrum used in the Germane Laws, not found in ours till after the Conquest. but in the German-Saxon Laws, Tit. 2. §. 6. it is called Mordrum, which word, nor any thing like it, is to be found in our English Saxon Laws, though it occurs often in William the Conqueror's Laws, and the Laws of Henry the First. The word is from the Germane, Ermorden, or Morden, to kill a Man basely and privily as Thiefs use to do. Herman. Comit. Nuenarii, Exposit. verb. ante Egginhart. Ll. Christin. Tit. 20. §. 2. Siquis hominem occiderit & absconderit quod Mordritum vocant; the Mulct commonly for the death of a Man was his Wergild, that is, the value of his Head, or Life, out of which, The Mulct for Murder commonly the Wergild, or value of him that was slain. if he were a Servant, his Master, or Patron had a part, or Compensation for his loss, which was called Manbote, Ll. Inae, c. 69. Ll. Fris. Tit. 1. §. 3.6, 9, 10. And for this purpose the Weregilds' of almost every person, from the highest to the lowest, are settled and named in both the English-Saxon, and Germane Laws. Ll. Ethelstani, toward the end. Capit. Car. lib. 3. c. 25. qui subdiaconum occiderit 300 solid. componat. qui Diaconum 400, qui Presbyterum 600, The Weregilds', or value of the life of every person, set in Germany as well as England. qui Episcopum 900, qui Monachum 400, Ll. Ripuar. Tit. 36. §. 11. Boioar. Tit. 2. c. 20. §. 4. where the Weregild of a Duke is 9060 Shillings, Ll. Fris. Tit. 15. where the Wergilds of a Nobleman, Freeman, Countryman and Slave, or Servant, are all particularly mentioned; and as amongst the English-Saxons, half, or part of the Were was given to the Parents, or Relations of the slain Person, Ll. Inae. c. 20, 23. So amongst the Germans, Ll. Longobard. lib. 1. Tit. 9 §. 2. Fris. Tit. 1. as above. Next after the Laws of Homicide and Murder, we may show the agreement of the English and Germane Laws, in punishing Theft, Injury, Trespasses, Striking, Maiming, or Maihening, Wounding, Bloodshed, Dismembering, etc. Theft, punished by Mulcts, in the English Saxon Laws, Theft, how Punished. Ll. Inae. c. 7, 13, 14, 15, 21. Senatus consult. de Montic. Wall. c. 4. Ll. Canut. c. 59.6. it was also Penal by the German-Laws, Ll. Boioar. Tit. 8. Ripuar. Tit. 7.18. Fris. Tit. 3. Angl. Tit. 7. Longobard. lib. 1. Tit. 25. yet by the Germane Saxon Law it was Death to steal a Horse, or any thing by Night or by Day to the value of Three Shillings, Tit. 4. Slanders, Defamations, Miscalling, punished by Mulcts, Slanders and Defamations how Punished. Bloodshed, Striking, and Fight, etc. how punished. Trespasses, how Punished. Ll. Sal. Tit. 32. per totum. For Bloodshed, Striking, maiming, Wounding, Dismembering, etc. See Ll. Alured. c. 38, 40. German Laws, Ll. Saxon. c. 1. Anglor. and Werin. Tit. 1, 2, 3, 4, 5. Ll. Boioar. Tit. 3. Addit. Ll. Fris. Tit. 3. throughout. Trespasses, ibid. Tit. 4, 5, 7. Boioar. Tit. 9, 10, 11. throughout. Ll. Inae. c. 42. Injuries, Ll. Anglor. & Werin. Tit. 12. Ll. Wisigoth. lib. 8. Tit. 3 and 4. Salic. Tit. 18. Alum. Tit. 81. Ll. Longobard. lib. 1. Tit. 17. §. 1. in ours Ll. Canut. c. 16. Ll. Inae. c. 9 and in many other English Saxon Laws; in all these the Laws were the same, though different in the Mulcts or Penalties. From these we proceed to a parallel between the possessionary Laws of the English-Saxons and the Germans; that is, The Law for entering upon, and taking away another Man's Estate, was Restitution and Punishment. Theoderic. began his Reign An. 495. Taking away another Man's Goods was Theft. the Laws by which they held what they possessed, either Lands or Goods, or the Laws of meum and tuum. If any Man seized or took away another's Goods or Estate, he commonly made restitution, and suffered a Mulct for breach of Peace. Ll. Alured. c. 16. Edict. Theoder. c. 10. Capit. Car. lib. 5. c. 204. Ll. Wisigoth: lib. 8. Tit. 3▪ and 4. but seizing, taking, or detaining other men's Goods, was in these Ages reputed a sort of theft, and the Law was accordingly. These Mulcts were paid in cattle, and other Goods valued at a certain rate, both here and in Germany, Ll. Alured. c. 10. Ll. Saxon. Tit. 18. The Rates how the Germans valued their Good, do here follow, as expressed in their Laws. Solidus est duplex, unus habet duos tremisses qui est bos Anniculus, 12 Mensium, vel ovis cum agno. Alter solidus 3 tremisses, id est, bos 16 mensium; The Rates of the German-cattels, and Grain. majori solido aliae compositiones, minori homicidia componuntur: Westfalaiorum & Angrariorum, & Ostfalaiorum solidus est secalis * Lindenbrogius Interprets this Word no otherwise, then that he says it was an usual Measure amongst the Germans, and certainly was no more, if so much as our Bushel. Sceffila 30, Ordei, 40, Avenae 60; quadrinius bos 2 solid. 2 boves quibus arari potest, 5 Solid. Bos bonus 3 Solid. Vacca cum vitali Solid, duo semis: That is, there is a twofold Shilling, one of two Tremisses, or Thirds (that is eight pence) which is a yearling Steer of 12 Months; the other Shilling of Three Tremisses, or three thirds (which was Twelve pence) that is, Solid. 12. dena. capit. lib. 8. a Steer 16 Months old; other Mulcts or Compositions were paid by the Great shilling, those for Homicide or Mankilling by the Less. The Shilling of the Westfalians, Angrarians, and Ostfalians, was * Lindenbrogius Interprets this Word no otherwise, then that he says it was an usual Measure amongst the Germans, and certainly was no more, if so much as our Bushel. 30 Scheffils of Rye, 40 of Barley, and 60 of Oats. A Steer 4 years old 2 Shillings, 2 Plough-Steers 5 Shillings, a good Ox 3 Shillings, a Cow with her Calf 2 Shillings and half. And more clearly in the Ripuarian Laws, Tit. 26. §. 11. Si quis Weregildum solvere debet, bovem cornutum videntem & sanum pro duobus solid. tribuat. vaccam cornutam videntem & sanam pro uno solido tribuat; The Rates of Horses. Of Arms. equum videntem & sanum pro 6 solid. tribuat. Equam videntem & sanam pro tribus solid. tribuat; Spatham cum scogilo pro 7 solid. tribuat. spatham absque scogilo pro tribus solid. tribuat, Bruniam bonam pro 12 Solid. tribuat. Helmum cum directo pro 6 solid. tribuat; Banibergas bonas pro 6 Solid. tribuat, scutum cum Lanceâ pro duobus solid. tribuat, Of Hawks. Acceptorem non domitum pro 3 solid. tribuat, Commorsum gruarium pro 6 solid. tribuat Acceptorem mutatum pro 12 s. tribuat. That is, he who ought to pay his Weregild, may give a horned sound, and seeing Steer for 2 s. a horned sound and seeing Cow for 1 s. a seeing and sound Horse for 6 s. A Mare of like condition for 3 s. a Sword with a Hilt, or Handle for 7 s. a Sword without a handle for 3 s. a good Coat of Mail for 12 s. An Helmet without a Beauvoir, or Belvoir, for 6 s. Armour for the Thighs for 6 s. a shield or Buckler, with a Lance, for 2 s. an untrained Hawk for 3 s. a Crane-Hawk for 6 s. a Mewed-Hawk he may give for 12 s. An Insolvent Freeman entered into Servitude. An Insolvent Servant, or Slave, was Whipped, etc. If a Freeman had not wherewithal to satisfy, he entered into servitude, while he had given satisfaction, Ll. Longobard, lib. 1. Tit. 14. c. 10.13. Capit. 3. Tit. 67. Ll. Alured. cap. 10. Ibid. Tit. 25. c. 60. Faed. Ed. Guth. c. 7. If a servant, or slave, and could not pay, or his Patron would not pay for him, he was Whipped, Cudgeled, or Beaten, with so many lashes, blows, and stripes, as the Law directed, Ll. Inae. c. 49. Faedus Ed. and Guthrini, c. 7, 8. Ll. Ethelstani, c. 19 and in the Germane Laws in places sans number. Every where. The Punishments and Rates for all Faults were set down in a Book, kept by the Magistrate. The Germans had a Doom-Book, wherein was noted the Composition every Man was to make to the Person Injured, and to the Emperor for Breach of Peace. These Mulcts for all these Offences were set down in a Book, which was the rule or standard of the Judge's Sentence, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Ll. Edovar. in praefat. and as it stands in their Dome, or Judgment-Books: again, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉; Let them compound, or give satisfaction, as the Judicial, or Doom-Book says. Ib. c. 8. So in the German-Laws, Comes secum habeat librum legis, ut semper rectum judicium judicet de omni causâ quae componenda sunt, qui contra legem fecit, componat, sicut lex habet, & donet▪ comiti illi Wadium de fredo, sicut lex est, Ll. Boioar. Tit. 15. §. 2, 3. that is, the Earl, Count, or Governor of the County (Comitatus in the former Paragraph) shall have the Law-Book with him, that he may always Judge right Judgement. That in every case he that doth contrary to the Law, may compound for such things as are to be compounded for, according to the Law, as the Law hath it, or as it is in the Law-Book, and let him give to the Earl Security, or Pledge for the Peace, as the Law is. And as there was the same design and contrivance in their Laws and Punishments, so was there the same ways of Purgation, or Clearing themselves from supposed false Accusations, or such where the proof was not evident, or no● thought sufficient, or in dubious Cases and Titles. By (a) Somn. Glossar. in verbo. Ordeal, What. And what the Trial was. Ordeal, from or, à, Negative, or Privative, and Dalinea, which signifies Distinction, or Difference, that is, without Distinction, or Difference, and imports a just impartial Judgement, it was of two sorts, by Fire, or Water; by Fire, when the Person accused carried in his bare-hand a red-hot Iron some few steps, which, if it weighed but One Pound, was called Single Ordal; if Three Pound, Triple Ordal: or when he walked barefoot, and blindfold, over and between certain red-hot Ploughshares, placed at a certain distance; if in doing this the Party was Burnt, he was pronounced Guilty; if not, he was accounted Innocent. Water- Ordal was either when they cast the Accused into Water, Water Ordeal, What. and if they did Swim, were Judged Guilty; if they Sunk Innocent; or their hands and arms were put sometimes up to the Wrist, sometimes up to the Elbow in Boiling hot Water, if they were Scalt, they were esteemed Guilty, if not Innocent. [2.] Ll. Longob. lib. 1. Tit. 9 c. 39 Glanv. lib. 14. c. 1. in fine. The Forms, Exorcisms, etc. used in these Trials. The Noble and Freemen were Tried by Fire- Ordal; the Peasants and Servants, by Water- Ordal. The Forms, Exorcisms, Conjurations, Offices, Litanies, Lessons, Gospels, and Celebration of the Communion, used in all sorts of Ordal, may be seen in the latter end of Marculphs' Formulae; where they are the most exact and ample I have seen. Also some part of them in Aethelstanes Laws, Spelman's Glossary, fol. 436. and Origin. Jurid. fol. 86. The Judgement or Trial by Cold-Water [3.] Marcul. form. 1301. Instituted to prevent Perjury. Marculph reports was instituted instead of Swearing, at the Request of Lud. Pius, by Pope Eugenius the Second (who obtained the Papacy, Anno Dom. 824. and was Pope only three years) commanding all Bishops, Earls, Abbots; and all Christian People ●ithin his Empire, to defend the Innocent, and examine the Nocent by it, lest being perjured upon the Relics of Saints, they should destroy their Souls. See more in Olaus Wormius Monument Dan. lib. 1. c. 11. de Ordalia. Ordeal. (b) This way of Purgation, or Clearing of themselves from Crimes, Debts, (nay some times Heirs, Swearing themselves. [4.] Ll. Alaman. Tit. 2. §. 2. How and how many Swore anciently. Ewa, from the Saxon word aew, or aewe, Jus, or Lex, in the Preface to Ina's Laws, in Lambard▪ See Summoner's Sax. Dict. in the word aewe. Into Estates, when the Chart of Donation was lost or burnt) is very frequently mentioned in all the German-Laws, thus expressed; Tertiâ, quintâ, sextâ, duodecimâ manu, etc. jurare. And in the Alaman Laws. Tit. 6. being the juratoribus. Quales & quantos, secundum ewa, homo habere debet, of what condition, and how many, sacramentales, sive conjuratores, fellow-Swearers according to the Law a Man ought to have; the number of which always varied, according to the degrees of the Crime or Matter objected, after several cases noted, wherein the accused person was to Swear cum uno Sacramentali, one only to Swear with him, or Tertiâ, vel Sextâ manu, or with Three or Six. The manner of their Swearing is prescribed, Ibid. §. 7. Ista Sacramenta debent esse jurata (referring to the Cases beforementioned) Vt illi conjuratores, manus suas super Capsam ponant, & ille solus cui causa requiritur, tantum dicat, & super omnium manus, manum suam ponat, ut sic illi Deus adjuvet, vel illa reliquiae, ad illas manus quas comprehensas habet, ut de illâ causâ, unde interpellatus est, culpabilis non sit. That is, those Oaths (referring to the Cases beforementioned) ought to be so Sworn, that the Fellow-Swearers may put their hands upon the Case of the Relics, and he alone that Prosecuted shall say the words, and shall put his hand upon all their hands, that so God may help him, or those Relics to which he holds their hands, as he is not Guilty of that Cause for which he is prosecuted. Some shadow of this practice we have yet in our Nation, in Wager of Law, in Actions of Debt without Specialty, where the Proof is not clear on the Plaintiffs side, the Defendant is admitted to wage his Law; That is, [5.] Nomothet. verb. Law. to take his own Oath that he Oweth nothing at all to the Plaintiff, and to bring as many credible persons as the Court shall Assign, to make Oath, that they believe he Swears true. Oath, and (c) Battle, or Duel, called Wehadine, by the Boioarians, Decret. Tassilon, §. 10. Ll. Boioar. Tit. de leg▪ populari, §. 5, 6. & Camfroic. decret. Tassilon, §. 6. he that had his Land taken from him by another, might prove it to be his by due Witnesses; but if the Invader or Occupier contradicted that Proof, Judgement by Battle. it was to be determined by Battle, campo adjudicetur Ll. Saxonum, c. 15. Siquis Adalingum occiderit 600 Solid. componat, si negaverit, cum 12 juret, aut in Campum exeat. Ll. Angl. & Werin. Tit. 1. §. 1, 3. That is, if any one kills a Noble Man, he shall pay 600 Shillings, if he denies it, he shall clear himself by 12 Compurgators, or go into the Field (id est) Try it by Battle: Si mulier maritum veneficio dicatur occidisse, etc. If it be said a Woman Poisoned her Husband, her next Relation may Right her by Battle; but if she hath no Champion, let her be Tried by Nine red-hot Ploughshares, ibid. Tit. 14. All cases of Theft, and Wounding▪ which deserve a Mulct of 2 Shillings, and upward, to the highest Mulct, or Composition, are to be judged by Battle, if the Fact was denied, Ibid. Tit. 15. This way of Judgement by Battle was so prevalent, and frequent amongst the Lombard's in Italy, in the time of King Rotharis, who began his Reign about the Year 640, according to Helvicus, that although (as he says) they were uncertain, concerning the Judgement of God. And that they had heard, many had by Duel, or Battle, lost their causes without reason, yet such was the Custom of his Nation (the Lombard's) and so pertinacious they were in it, that he could not prohibit that wicked Law, Ll. Long. lib. 1. Tit. 9 c. 23. More of this, and the manner and circumstances of Battle, or Duel, see in Ll. Alaman. Tit. 84. and in my Preface to the Norman History, or in the words Battle, or Duel, in my Glossary. There was besides these another way of Examination, and finding out Gild, and Innocency, Trial by a Decretory Morsel, or Eucharist. in some Criminal Causes mentioned by Lambard in his Glossary, by a Judicial, or Decretory Morsel, called by the Saxons Corsned, which according to his Interpretation signifies Execrated Bread. But Mr. [6.] Glossary in verbo. Somner better derives it from the same Cors, a Curse, and Snaed, or Snid, a Snidan to cut; so that it signifies an Execrated, Particle, Morsel, or Peice. This is mentioned in the Purgation of Regular and Secular Priests, who, if accused of any Crime, and had no Compurgators, no Consacramentales, or Conjuratores, to Swear with them. [7.] Ll. Canut. Part. 1. c. 5. Gato Corsnaed, let him go to the Trial of the Decretory, or Execrated Morsel. The manner of giving this Barley-bread, or Morsel of Cheese, Marculph. 8. delivers thus, After the Litanies and Offices for this purpose, and the Barley-bread or Cheese Sanctified, [8.] Form. fol. 1037.1038. and Exorcised, and the Accused Person Acceperat Communionem, had received the Communion, it was offered with this, or such like Form of words there mentioned, Ad adpositam ei pro ostentione veritatis creaturam panis sanctificati, vel casei, faux ejus claudatur guttur ejus stranguletur, & in nomine tuo ante id rejiceretur, quam devoretur, innoxius vero & inscius, sobrie ad salubritatem sui cum omni facilitate, hanc partem panis vel casei in nomine tuo, Signatam manducando diglutiat. Vt sciant omnes, etc. That is, Let his Jaws be shut against the Creature, of Hallowed Bread, or Cheese, which is forced upon him, for the demonstration of Truth, Let him be Choked, and in thy Name let it be cast up again, sooner than swallowed: but if he be Innocent, and knows nothing of the Theft, Murder, Adultery, or Wickedness, wherewith he is charged, let him with ease and health swallow this Morsel, or Piece of Bread or Cheese, Signed in thy Name. Why our English Saxons called it Corsned, Cursed Particle, and Morsel, or Execrated Bread, when as from Marculph 'tis clear, it was usually Hallowed, and Consecrated, I know not, unless from the wishes in the beginning of the Form, at the forcing it, upon such as were to undergo the Trial, or that they believed it proved a Curse sometimes to them. From these we pass to the Laws concerning the Germans and English-Saxons Real Estates, their Lands and Titles, how they held, and claimed them; And these were but very few, considering the multiplicity of the other, both here and in Germany. Battle, or Duel. Faed. Edovard. and Guthrin. c. 9 Ll. Ethelstan. c. 7.21, 23. Ll. Inae. c. 55. Canut. 20. Ll. Frison. Tit. 3. §. 1, 2, 3, 4, 5, 6. Tit. 14. §. 3, 4. * Fire Ordeal. Capit. Car. in append. Secunda, lib. 4. n. 3. n. 33. Add. Lud. lib. 4. Tit. 80. Ll. Angl. Tit. 15. Frison. Tit. 5. §. 1. Mr. [9.] Gavelk. fol. 112. Somner says, There were but two sorts of Tenors here in the Saxons times before the Conquest. [1.] Ll. Ed. Sen. c. ll. Bockland, and Folkland, to which two all other sorts of Land might be reduced. Bockland, as [2.] Gloss. in verbo. Terrâ ex Scripto. Bockland and Folkland, What? Lambert says, was free and hereditary, and was a possession by Writing, the other without. That by Writing was possessed by the Free or Nobler sort; that without, called Folkland, was holden by paying Annual Rent, or performance of Services, and was possessed by the Rural People, Rusticks, Colon's, or Clowns; In those times these Writings [3.] Spelm. Council. fol. 319 A●. 800. Council. Clovisho. c. 2, 3, 6. were called in Latin, Libelli terrarum, Landboc's, and Telligraphia, and Livery and Seizing was then made and given, by [4.] Somner ut supra, p. 12, 13. delivery of a Turf taken from the Land with the Writings. This Bockland could not be alienated without [4.] Somner ut supra, p. 12, 13. the King's consent; it was a Royal Prerogative in the King only to grant it, and it was forfeited also to the [5.] Ll. Etheldred, p. 1. c. 2. King by him that deserted his Lord, either in a Sea or Land-Expedition. This was called Terra testimentalis, & hereditaria, Land inheritable, and Deviseable by Will. Unless the first purchaser, or acquirer, by Writing or Witness, had prohibited it; And than it could not be sold or disposed of from the [6.] Ll. Alured. c. 37. Bockland and Allodium. nearest Kindred. This Bockland was of the same nature with Allodium in Doomsday, holden without any payments, nor chargeable with Services to any Lord or Seignory; and though the Name was almost quite lost, yet the thing remained under the name of Allodium, and the Lands possessed by the Allodiarii, mentioned in Doomsday. Somner Gavelkind, p. 120, 121, 122, etc. yet these Lands holden in Allodio, or Alodium, were not altogether free, but subject to the general Land-Tax of Hidage, as all other Lands were, As appears in Doomesday-Book, in all places where Alodium is mentioned. As in Hantescire in Tit. Terra Hugon. de port. idem. ten. Cerdeford & Willielmus de eo, duo liberi homines in Allodium tenuerunt, Tempore Regis Edwardi. T.R.E. tunc & modo Geld. pro 5 Hid. fol. 44. b. in Bermesplet. Hund. Ipse Hugo ten. Dummere, unus homo suus de eo, Alric tenuit de R. E. in Allodium tunc & modo se defendit pro 5 Hidis, fol. 45. b. That is, Hugo de Port holds Cedeford, and William of him; two Freemen held it in Alodium in the time of King Edward, then and now it gelded, that is, paid Geld or Hidage, after the rate of 5 Hides, etc. And not unlike these Lands holden in Alodio, were and are those in Normandy, of the same Tenure: Les terres de franc Alleu sont celles qui ne recognoissent superieur in Feodalite & ne sont Sujetts a fair ou payer aucun Droits Seigneuriaux Reform. Custum. Artic. 102. That is, Lands of Franc Alleu, or free Alode, are such as acknowledge no superior in feudality, and are not subject to do, or pay any Seigneural Rights. Godefroy, upon this Article, says, that these Lands, notwithstanding their Freedom, were subject to the Justice Royal, or Justice of the place where they lay, and might be confiscated, Confiscation being an Appendent, or fruit of Jurisdiction, and therefore 'tis added here in Feodality, to show, it was exempt only from Superiority, and Jurisdiction Seigneural, so that the Possessor might sell, and dispose of it at pleasure, without leave of any Lord, or Superior. Much of this Land there was in the Diocese or Viconte of Bajeux, where Odo was Bishop, who was also Earl of Kent here after the Conquest, Berault, fol. 714. and there was also the Custom of Gavelkind; and 'tis probable many of the People under his Jurisdiction in Normandy might translate themselves into Kent, and bring those Customs with them. But besides these two, Saxon Tenors. there are Lands and Possessions mentioned by other Names in our Saxon Laws, as Gafolland, Rent-Land, or Farme-land, Foedus Alured. and Guthr. c. 2. Gafolgylden hus, an House yielding, or paying Rent, or Gable, Ll. Inae. c. 6. Inland. There are also mentioned Inland, or the Lords Demesnes, which he kept in his own hands, and Neatland, which is called Vtland, or Outland, Utland, or Outland. in [7.] Lamb. peramb. Kent. p. 495.1 Edit. Spelm. Gloss. in verb. Byrthrics Will; Terra Villanorum, and was let out to Countrymen, or Villagers, aegder of Thegnes inland ge of Neatland, either of the Lords or Thanes Inland, or Demesnes, or the Countryman's, Villagers, or Villains Land, Gafolland, Neatland, and Vtland, as Mr. [8.] Gavelk. p. 14.115. Spelm. Gloss. in verbo. Somner truly informs us, were opposed to Inland, or Demean Lands, and were Lands granted out for Rent, or Service, or both, and reducible to Folkland, and 'tis very probable they were the same, or of the same nature; for that in the Laws where they are mentioned, it appears they were always occupied by Ceorls, Churls, Countrymen, The Names of ordinary People. Colons, or Clowns; by Gebures, Boors, Rustic's, Plough, or Husbandmen, or by Neat's, and Geneates, Drudges, Villains, or Villagers. These three Saxon words being almost of the same signification, though very different in sound, were always applied to the ordinary sort of People, called by us Folk at this day. [9.] Gavelk. ut supra. Saxon Lands held by Military-Service. Inland he thinks to be the same with Bockland, or at least of the same condition, or reducible to it. Yet besides these Lands, there were other Lands also which were holden by Military, or Knights-Service, called then Feoda, or Beneficia, Fees, or Benefices. Such were the Feudal-Lands of Ealdormen, Thanes, and less Thanes, or as they were afterwards called Valvasors, which they had of the King's Gift, for personal Attendances, Military Services, or as Governors of Provinces, Counties, or Towns, for which see Selden's Titles of Honour, Part. 2. c. 5. n. 3, 4. and that there were such Lands, as well in the hands of the Lower sort of the Nobless and Gentlemen, as of the greater Noblemen, is further clear, by undeniable testimony from the Saxon Laws, and Doomsday, * Legalis Homo, or Militaris Homo; the Judicious Dugdale thinks, Sithesocha signifies, Curia libera legalium hominum, or Militarium hominum, a Court of Military, or Legalmen: but perhaps the word may more aptly be translated, the Court-Liberty, or Jurisdiction of a scythe, Gesithe, or Sitheman, in such part of a County, like our Hundreds, where also he had a Military-Power, to lead the People out to War, as appears by the Saxon-Laws, and might be then Captain. That isle man haebbe aet thaer Sylh Twegen pel gehorsaede men, Ll. Aethelstan, c. 16. Every Man for a Plough shall have two well-furnished Horsemen: They who were to find these Men had the Land given them for that purpose, for 'tis not to be thought, that a Countryman that paid any considerable Rent could do it. If a (a) A Sithcundman, what he was. Mr. Somner, in his Glossary, derives this word from Sith, or Gesith Comes, vel Socius, a Ruler or Governor, and Cund, Kind, as it signifies the condition and quality of any one, and Mon, Man, that is, a kind or sort of Comes, Governor, Judge, or Praefect: He was esteemed equal to a Thane, by the valuation of his Life in A●thelstane's Laws. Sithcundman refused his Service in the Army, or a Military Expedition, he Forfeited his Land, etc. Ll. Inae. c. 52. Now we do not read of Land any where forfeited in such case, unless it be Feudal Land, and such as was given by a great Person, Lord, or Signior to his Vassal, or feudatory, for the performance of the Military Service agreed on between them. Again, if any Man was killed, fight in Battle, by, or in the presence of his Lord, or Patron, his Heirs succeeded in Lands and Goods, without paying an (c) De weris, where they are both equally valued at 2000 Thrymsas, Thrymsa. or Groats; Thrymsa not being 3 Shillings, as Lambard Interprets it, but only a corruption of the Latin Tremissis, which often occurs in the Germane Laws, and was the third part of a Shilling, or 4 d. Ll. Alaman, Tit. 6. §. 3. Saiga autem est quarta pars Tremissis, hoc est denarius unus. Tremissis est tertia pars solidi, & sunt denarii quatuor; the Germans sometimes reckoned the values of their Goods by Tremisses, optimus bos 5 Tremisses valet medianus, 4. Ll. Alaman. Tit. 27. and so frequently in the Laws of the West-Goths. The Office of a Sithcundman. His Office, or Place of Trust seems to have been the same, or much like that of a Centgrave, or Hundredarie; for many small Territories or parts of Counties, which we now call Hundreds, were anciently, retaining the Saxon expressions, called Sithesocks, as the Hundreds of Knightlowe▪ Kineton, and Hemlingford in Warwickshire, were 16 Hen. Secundi, called Sithesocha, de Cnutchlelawa, Sithesocha de Chinton, Sithesocha de Humliford. Dugdale's Antiq. Warwickshire, fol. 2. col. 2. fol. 297. col. 1. fol. 636. col. 1. Soak being interpreted a Court, Liberty, or Jurisdiction, where Pleas were holden, and scythe, Gesithe, Sitheman, See Lageman in Glossar. or Sithcundman, Heregeat, or Heriot. Ll. Canut. c. 75. which word Heregate, or Heriot, Brompton expounds by Relevatio, a Relief, col. 931. and so likewise it is turned in Edward the Confessor's Laws, where we have this very Law, cap. 35. Tit. de Heretochiis. And these Heregeats, Heriot and Relief the same. or Hereots, Ll. Canut. c. 69. were certain Arguments of Feudal Lands, or Tenors in Military, or Knights-Service. They being due to the Lord or Patron, upon the death of his Vassal; and besides Horses and Money, consisted in certain Warlike Instruments and Furniture, given up, and brought into the Lord's Armoury, there to remain for his use and defence when there was occasion. An Earls Heriot. The Earls Heregeat was 8 Horses, 4 Saddled, 4 Vnsadled, 4 Helmets, 4 Coats of Mail, 8 Spears, as many Shields, 4 Swords, and 200 Marks in Gold; which payment in Money I take to be the Relief rather for the Earldom, that differing from the Heriot, or Heregeat, as Sir Hen. Spelman, Mr. Somner, and others do, in their Interpretation of those words, tell us. The Heregeates, or Military preparations of the King's Thanes, or Barons, Middle Thanes, and Lower Thanes, all Military Men of inferior degrees, follow in proportionable order, for which see the Law abovementioned. From these we proceed to the Laws of Edward the Confessor, in which (if their Credit be as great as their Fame) the Tenors by Knights, or Military-Service is fully and clearly set forth and described, Ll. 35. Tit. De Greve. All Freemen of the whole Kingdom, according to their Estates, Goods, and Possessions, and according to their Fees and Tenements ought to have Arms, and keep them ready for the defence of the Kingdom, and Service of their Lords, as the King shall command. And Moreover Birtrick, the Rich Saxons Will, A Rich Saxon gave Money to have his Will confirmed. In a Rebellion of Earl Godwin and his Sons against the same King, he and his Son Harold were commanded; Servitium Militum quos habebant in Anglia Regi contradere: To deliver up, or pass over to the King all their Military or Knights-Services they had in England, Malm●. fol. 46. b. n. 50. & f. 47. ●. lin. 1. is very observable in this Matter, in which he gave to his Lord a Bracelet of 80 Marks of Gold, and a Hand-Sword worth as much, Four Horses, two of them Trapped, and Two Swords Trimmed, Two Hawks, and all his Hounds. And to his Lady one Bracelet of Thirty Marks of Gold, and one Palfry, to prevail with him, that his Will might stand, and take effect. Lambert's Peramb. of Kent, p. 493. Without all peradventure the Lands of Birtrick, bequeathed by his Will, were Feudal Lands, holden in Military-Service, and not Deviseable without his Lord, or Patron's consent. In Doomsday we find, Tit. Kent. fol. 1. b. in lest de Sudton & lest de Ailesford habuere ipsi, T.R.E. Sacham & Socham Brixii, Cilt, Adelold de Elleham Auchil de Becheham, Azor de Lesneis, Levinot de Sudton, Edward de Eston, etc. to the number of 15; and if so many in these Lests, we may conclude the like proportion in others. All which must have been Military Thanes, and held their Lands by Military-Service, for Sacha and Socha, a liberty and privilege to try Causes with a peculiar Jurisdiction, between the Lord and Tenants, or his Men and Tenants, as the words import, was, and is a most certain Argument of Dominion and signory, which was first obtained from the Prince, and an Infallible Mark of Military Service due from him that enjoyed it, and an obligation upon him to perform it: What Feudal Tenors were, and are, and what the Obligations, Stipulations, or Necessitude between Lord and Vassal, Patron and feudatory; See the Preface to the Norman History, Tit. Herefordscire consuetudines de Hereford, T. R. E. if any Burgess or Citizen would leave the City, he might, by the leave of the Praefect, or Governor, and sell his House to another Man, that was willing to do the Service, that was due for the same, ibid. from a Burgess or Citizen, serving with a Horse, the King, when he died, had his Horse and Arms, in the time of King Edward. Doomsday Beroscire Wallingford Tainus vel Miles Regis Dominicus, etc. a Thane, or one of the King's Knights dying, the King had all his Arms, one Horse with a Saddle, and another without, etc. in the time of King Edward. This Relief, as it was there called, was a sure Mark of Military Service, besides what the words Miles dominicus Regis imports. Instances are frequent in Doomsday Book, that prove Military Service, Warwicscire, Tit. Terra comitis de Mellent in Patelawe Hund. fol. 240. b. col. 2. ipse Comes tenet in Luditone 12 Hid. & 4 Milites de eo 4 Teini liberè tenuerunt, T. R. E. pro duobus Maneriis. Here we see four Thegnes, or Teins changed into four Knights, or Horsemen; Hantscire Terra Hugonis de Port in Neteland Hundred; ipse Hugo tenens Celtone Oda tenuit de Rege Edwardo in Modium ibi erant decem Hidae sed R. E. misit ad servitium (that is, Military Service) & Geldum pro 4 hidis & 1. Virgat. Terrae; & Milites, are often mentioned in Doomsday, in Edward the Confessor's time. Liberi homines & thegnes were Milites, or Soldiers. And further, 'tis not to be doubted, but many of the Thegns, or Teins were Military Men; 'tis most probable that the liberi homines and Teins, which were very many in Cestrescire, Scropscire, and Herefordscire, all Bordering Counties, which are recorded in Doomsday, to have held whole Towns and Manners before the Conquest were all Milites, and those in other Counties also that held whole Towns and Manners, though they were not where so many, as in these, they were entered thus, Cestrescire Atiscros Hund. Rob. de Roelent, tenet de Comite Brochelune Levenot tenuit & liber homo fuit, so through the whole Country almost: Scropescire Tit. Terra Roger. Comitis in Odenet Hund. fol. 245. a. Raynaldus Vicecomes ten. de Comite Mercemeslei, Sewarus & Aluric pro duobus Maneriis tenuerunt T.R.E. & erant liberi: ibidem, Idem Raynaldus ten. de Comite Stanweie & Odo de eo. Aluric tenuit & liber homo fuit, ibidem Rainaldus cum quodam Roberto ten. de Comite Grotintune & Odo de eyes, Alfric & Otro tenuêre pro duobus Maneriis ipsi Teini erant liberi, and so very frequently in that County. Herefordscire Tit. Terra Regis in Naisse Hund. fol. 180. b. Rex tenet Feccheham quinque Taini tenuerunt de Edwino Comite & poterant ire cum Terra quo volebant, & habebant sub se quator Milites ita liberi ut ipsi erant. These Milites probably served for them in their Absence, Ibid. Tit. Terr. Hugon. Lasne, fol. 187. a. col. 1. Hugo Lasne ten. Chenescestre, Ulwi Cilt tenuit & poterat ire quo volebat. And in this Shire, the Saxons that held Towns and Manors, T.R.E. are often mentioned with this Addition, & potuit ire quo volebat, which was a phrase equivalent to & liber homo fuit. The reason of my conjecture that these liberi homines were Milites, is for that the Normans who made this Survey, called Milites frequently Liberi homines, See the Laws of William the First, Ll. 52.55, 58, 59 And Spelman's Glossary, verb. parium judicium, fol. 449. col. 1. And they only served upon Juries in an Assize upon a Writ of Right. Glanvil lib. 2. c. 11. lib. 9 c. 7. and those Jurors were always liberi homines or Freemen. Military Service was always called liberum Servitium, Liberi homines always served on Juries. Military Service called Free-Service. Tenors. Free-Service, ib. lib. 12. c. 3. And in other Nations, in these Ancient times, all Tenors were esteemed base and ignoble, except Military Tenors, which were reputed Free and Noble. From this Survey we may conclude, that there was not much of that sort of Land called Bock-land, if it were only expressed by Allodium, for in the Saxons time there was but little of that, in respect of other Tenors. These were the several sorts of Lands here amongst our English Saxons, let us see whether they were also amongst the Germans. The several sorts of Land amongst the Germans. For Gafol Rend, or censual Land, it is as old as Propriety, and therefore in Germany as well as in other Countries; for all men could not use their own Lands, but permitted others to occupy them, under a certain Rent or Payment of such things as then they made their Payments in. As we have it in 9 De Mor. Germ. c. 25. Tacitus frumenti modum Dominus aut pecoris aut vestis colono injungit. The Lord enjoins his Colon, Clown, Boar, or Rustic, to pay him a certain quantity of Grain, cattle, or clothes, etc. This sort of Land is also found in the Laws of the West-Goths, lib. 10. Tit. 1. c. 11.25. Capit. Car. lib. 4. c. 39 where it is called Terra tributaria c. 37. As for Hereditary Land, which the English Saxons called Bock-land, it may be as ancient as Gafoland; however we find it in the Germane Saxon Laws, Tit. 14. §. 2. & Tit. 16. This sort of Land and Alodium, was the same with the Germans, as appears by the Ripuarian Laws, Tit. 56. de Alodibus §. 3. While any of the Masculine Sex remains, a Woman shall not succeed in the ancient Inheritance; Ll. Anglor. Tit. 6. de Alodibus §. 1. Haereditatem defuncti filius, non filia accipiat. The Son, not the Daughter shall receive the hereditary Estate of his dead Father. And §. 5. Ad quemcunque haereditas Terrae pervenerit ad istum vestis Bellica (i. e.) Lorica debet pervenire. The Habiliments of War went with the Land. To whomsoever the Inheritance shall come, the Warlike Garment and Habiliments ought to descend likewise; and §. 8. After the fifth Generation the Daughter may succeed, and then the Inheritance passes from the Lance to the Distaff. This whole Title and Law seems to be concerning Feudal Lands, ibidem Tit. 13. libero homini licet haereditatem suam cui voluerit tradere. A Freeman may dispose of his Inheritance to whom he will, Ll. Salic. Tit. 62. the Alode §. 6. de Terra vero Salicâ nulla portio haereditatis mulieri veniat sed ad virilem sexum tota terra haereditas perveniat. No part of the Inheritance of Salic Land shall descend to a Woman, but the whole Inheritance of the Land shall come to the Males, Ll. Alaman. Tit. 92. de haereditate, etc. §. 1, 2. Courtesy of England brought from Germany. Si quae mulier quae haereditatem paternam habet post nuptum praegnans peperit puerum & in ipsa horâ mortua fuerit, & infans vitus remanserit, aliquanto spatio, vel unius horae ut possit aperire oculos, & videre culmen domûs, & quatuor parietes, & posteà defunctus fuerit, haereditas materna ad patrem ejus pertineat. Et tamen si Testes habet pater ejus quod vidissent istum infantem, oculos aperire, & potuisset culmen domûs videre & quatuor parietes, tum pater ejus habeat licentiam cum lege ipsas res defendere. Si autem aliter, cujus est proprietas ipse conquirat. That is, if any Woman which hath a paternal Inheritance, after marriage bring forth a Child, and dies in Childbirth, and the Child remains alive for some short space, so as it can open its eyes and see the top of the House, and the four Walls, and afterwards dieth, the Father shall enjoy the Mother's Inheritance, and if the Father hath Witnesses which saw the Infant open the eyes, so as it could see the top of the House, and the four Walls, than his Father had liberty to defend his Title by Law. But if otherwise, he may obtain it whose propriety it is. This certainly is that which we call the Courtesy of England, and which the Lawyers call Lex Angliae; and Littleton in his Tenors, Sect. 35. says, this this Custom was used in no other Realm, than in England only; yet Sir Edward Coke upon this Author, fol. 30. reports it to be used in Scotland and Ireland also. Feudal Tenors from Germany. We shall now further inquire after the Feudal Land and Tenors amongst the Germane Nations, to whom 1 De Jur. Belli & pacis lib. 1. c. 3. §. 23. n. 1. Grotius says they were proper, and that they were not where to be found, unless where the Germans placed themselves, but besides this Testimony of Grotius, they are often found mentioned in the Germane Laws, by the name of Beneficia, which as 2 In verb. Hottoman observes, were the same with Feuda; and Beneficiare the same with Infeudare, or Feudum alicui tribuere. Capit. Car. lib. 3. c. 71. Quicunque beneficium principis habet & non pergit in exercitu, honorem suum & Beneficium perdat. Whosoever hath a Fee from the Prince, and goeth not forth in his Army, shall lose his Honour and Fee, ibidem lib. 1. c. 132. Omnes Episcopi, Abbates, Abbatissae, Optimates, & Comites, ceu domestici, & cuncti fideles, qui Beneficia regalia, tam de rebus Ecclesiasticis, quam quae de reliquis habere videntur unusquisque suam familiam suo beneficio nutricare faciat, etc. All Bishops, Abbats, Abbesses, great Men, Earls, or Domestics, and all Vassals that have Royal Fees, as well of Church Lands, as of others, shall maintain their own Families, and such as belong to them, upon, or with their own Fees, etc. again lib. 3. Cap. Car. c. 19, 20. the Emperor takes notice that many of his Earls and other Vassals cheated him of his Fees, by giving or granting the Propriety of them to others, and then by purchasing them again (in ipso placito) in the public Court, acquired to themselves an Inheritance; and in many other places there are provisions made for the ordering of these Fees or Beneficia. And Vassi dominici comitum Ducis, Episcoporum, Imperatorum, Regis; and ad Marchiam custodiendam constituti, are to be found in most of the Germane Laws. Now 3 Hottom. in verb. Feud. in verbo. Vassus was such an one, as having received a Fee or Beneficium, obliged his Faith to the Author or Donor of it, and is indeed the same with Feudatarius and Beneficiarius. The reason why in these ancient times we find few Laws concerning Fees or Beneficia, or that we want a just account of them, is because the Feudal Law was then contained only in Customs. 4 De feud. disput. l. 871. and usages, and not written until the time of Frederick the First, Anno Domini 1158. Radev. invitâ Fred. 1 mi lib. 2. c. 7. n. 30. Yet somewhat before this time, there is extant a notable Feudal Constitution of Conradus Salicus (who 5 Wippo in vit. Chunrad. fol. fol. 423. n. 20. fol. 424. n. 40. was chosen Emperor in the plain between Ments and Worms in Germany, and began his Reign Anno Domini 1024.) amongst the Laws of the Longobards, lib. 3. Tit. 8. L. 4. Conradus Dei Gratia Romanorum Imperator, etc. Praecipimus & firmiter statuimus ut nullus Miles Episcoporum, Abbatum, Abbatissarum Marchionum vel Comitum vel omnium qui Beneficium de nostris publicis bonis, aut de Ecclesiarum praediis nunc tenent, aut tenuerint, Conrades' Constitution about Fees. aut hactenus injustè perdiderint, etc. Conrade, by the Grace of God, Emperor of the Romans. We command and firmly enjoin, that no Miles, (Knight or Horseman) of Bishops, Abbats, Abesses, Marquesses, or Earls, or of any which hold or have held a Benefice or Fee of our public Lands, or the Farms of the Church, or have unjustly lost them, as well our great Valvasores or Feudataries as their. 6 Miles & Vassallus Synonyma Hottom. in verbo. Milites or Vassals, without a certain or evident fault, shall lose his Fee, unless, according to the Custom of our Ancestors, and the judgement of his Pares, Peers, etc. That their Sons and grandchildren should succeed in their Fees, observing the ancient Custom of giving their Horses and Arms, upon every Succession, to their Lords or Patrons. Also in the same Laws there is extant another Constitution of Lotharius▪ Lotharius his Constitution about Fees. Tit. 9 lege 9 dat. 6. Novembris 1036. made at the request and desire, and by the Council of his Archbishops, Dukes, Marquesses, Counts, Palatines, and the rest of the Nobility, for restraining Vassals from aliening and embezzling their Fees and Beneficia, without licence of your Lords, by which means the Service of the Empire had been much impaired and neglected, and the profit and advantage of their Lords much diminished. 7 Gryph. de Weickbild Saxon. c. 42. n. 12▪ 13. These Fees, although they received another Form under Charles the Great, and in Germany under Conrade the First, yet their Original is not to be attributed to them; and being much more Ancient, of right belongs to the Longobards. But whither their Origin was from the Longobards, or not, certain it is, these Tenors and Lands were amongst the Franc's a German-people in France, some Centuries of years before Charlemain; for Clotharius by his Edict. 8 Vales. rerum Francicar. Tom. 3. fol. 7. Anno Domini 615.15 o Calend. Novemb. 31ᵒ Regni sui Parisiis, confirms to all persons their Beneficia or Fees, which had been granted to them by his Predecessors or himself. It appeareth further, for the Antiquity of Feudal Customs. 9 Ib. fol 254. Anno 668. The noble Franc's married not their Daughters without the King's consent. That the Noblemen of France, who held Fees or Benefices of their Kings, dare not Marry their Daughters without their consents; and long before that, it was usual for the 1 Ib. Tom. 2. fol. 6. Anno Domini 565. Their Children were educated in the King's Court. Franc's to send their Children, when grown up, to the King's Court, and to Noblemen, to be educated in liberal Arts and Warlike Exercises. This, without question, was a feudal Custom, and by this way of Education, the Prince had two Advantages, as our 2 Ib. fol. 438. Author observes, first that these young men were Pledges of their Father's Fidelity towards them, and then that the Nobility were accustomed to their Kings in their tender years, and learned how to revere and love them, as their Parents in whose Court they had been educated. From hence we may with great probability conclude, that in these times the greatest parts of the Lands in France and old Germany were beneficia, or feudal Lands, and holden by Military, and other public Services; the Alodia or Lands of Inheritance being but few in respect of them, nor were there many Land-holders', especially of considerable quantities, except the Noblest and Great men, and they were only such as were Military men, and executed public Offices and ecclesiastics. Not but their Mancipia and Servi, their Slaves and Drudges, might hold a Cottage and some very small parcel of Land at the will of their Lords, as they did here in the Saxons time before the Conquest. For, that such there were here then, we find in the Conquerors Survey from one end of it to the other, under the Norman Names of Villani, Bordarii, Servi, etc. Take one instance for a thousand▪ Easessa Tit. Terra regis, Dimid. Hund. de Harlava, Hadfeldam tenuit Haroldus T. E. R. pro 1. Man. & viginti Hidis, tunc L. Villani, modo lx. Tunc nineteen. Bordarii modo xxx. Tunc xx. Servi, modo xx11. etc. of their Tenors hitherto. We pass unto their Courts and Judicatories, which if not the same, yet were very much alike here, and in Germany; for as our English Saxons had their Scyregemote or Court; The Germans had their County Courts. so the ancient Germans had their Provincial, or County Placita, mals or Conventions for doing of Justice, and they were held twice in the year, Ll. human. Edgar. c. 5. or oftener, leges polit. Canut. c. 17. So Capit. Car. l. 7. c. 96. Twice in a year Vt ad (d) Gryph. de Weickl. Sac. c. 66. n. 4. malus why so called, ib. c. 65. n. 1.2. Fliccamburch. It is called malus or Mallum, from Ein Mahl, signifying in Saxon a sign, mark, or token; as a Stone, a Tree, a Perch or Pole, a Cross, a Hill, etc. at which the Mall or Courts were holden, they being always kept at a certain noted place amongst the Saxons, and so with us, of which one instance for many in the County of Norfolk, from a Writ or Commission of William Rufus upon a claim of the Abbot of Ramsey, to certain Lands in Holme, in these words. Willielmus Rex Anglorum, H. Camerario Salutem, facias convenire consedere 3. Hundr. & dimid. apud Fliccamburch, etc. this without doubt had been a noted place before the Conquest, for the meeting of all or some of these Hundreds; the place is upon an Hill about a Mile above the Town of Flitcham, in the Hundred of Freebridge citra Lin in Norfolk, on the Westside of the way leading from Flitcham to Shernborn, now called Flitchamburgh, or Burrow, being a square plece of ground about an Acre, ditched about with an old large Ditch, about eight Miles from Holme, where the Land in Controversy lay. Mallum venire nemo tardat, unum circa aestatem, alterum circa Autumnum, ad Aliud vero, si necessitas fuerit, vel si denunciatio regis urgeat, vocatus venire nemo tardet. No man shall forbear to come to the Mall or general Meeting of the Prince or County twice in a year, about Summer and Autumn, and if there be necessity, or the Emperor denounceth by Edict another, every one that is summoned shall come in. As in England, so in Germany, the Bishop and Earl both sat in the County Court. And as by those Laws of Edgar and Cnute, the Bishop of the Diocese, and Alderman or Earl, were both to be there present to give mutual assistance each to other, according to their several Functions and Offices, in executing Justice. So were they also to be both present in the Germane mals or general Placita, Addit. 2. Car. ad Ll. Boioar. c. 10. Ll. Longobard. lib. 2. Tit. 53. or 54. c. 1. These County Courts are much like the Sheriff's turns, which were duly observed with us in former times. County Courts every month in Germany. Besides these, there were as now, monthly County Courts in every County, and the like we find in Germany amongst the old Bavarians, Ll. Boioar. Tit. 2. c. 15. §. 1. Let there be Placita or Courts in the beginning of every month, or every fifteen days, to inquire into matters, Infra illum Comitatum. so as Peace may be in the Province, and all Freemen shall meet at the appointed days which shall reside within the County whither they be the King's Vassals or the Dukes, all shall come to these Meetings, and he that neglects to come, shall be punished fifteen shillings. So it was here in the Saxons time Doomsday in the Customs of Arcenfield in Hereford-shire. Si vicecomes evocet eos ad Sciremote, meliores ex eye Sex, aut septem cum eo vadunt, qui non vadit vocatus, det duos solidos vel unum bovem Regi; An Ox valued at 2●. & qui de Hundret remanet tantundem solvit. And there in the Customs of Chester T. R. E. erant duodecim Judices civitatis & high erant de hominibus (Feudataries or Milites) Regis, & Episcopi, & Comitis, horum siquis de Hundret remanebat, die quo sedebant sine excusatione manifestâ x. solid. emendebat inter Regem & Comitem, and so in the Customs of other places in Doomsday, in the time of Edward the Confessor; there are Mulcts and Punishments to be found for such Suitors as gave not their Attendance at the County and Hundred Courts. And further, as we had our * 12 times in a year, Ll. Ed. Conf. c. 35. Tit. de Heretoch. Hundred Courts, Ll. Edgari, before cited, Ll. Ethelred c. 4. & leg. polit. Canut. c. 16. So had the old Germans, Ll. Alaman. Tit. 36. §. 1. Conventus, etc. let the Meeting or Gemote, according to ancient Custom, be in every Hundred before the Earl, his Commissary, or the Hundredary, ibidem §. 2. Hundred Courts in Germany. Let the Court be from Saturday to Saturday, or what day the Earl or Centenary shall think fit, every seventh (e) The old Germans and Saxons reckoned their time by nights instead of days, and Winters instead of years; in some spaces of time we yet retain the Custom, as in seventh night, and fourteenight, or Fortnight. night when (f) In old Germany all Frays, Fight, Wounding, Striving, Stealing, and all great Offences and Crimes were accounted breach of the Peace, so was it here amongst the English Saxons, and at this day with us. the Peace is not well kept, but when the Peace shall be better kept, than the Hundred Meeting shall be every fourteen nights. Every Freeman whatsoever he was, whether the Vassal of a Duke, or Earl, was punished twelve Shillings, if he came not to this Meeting. Matters of less moment were determined in the Germane hundred Courts, as well as in ours, Ll. Longobard lib. 2. Tit. 52. c. 3. Matters of less moment were ●riable in the hundred Court. No man in the Court, before the Centenary, shall be judged to death, or to lose his Liberty, his Estate, or his Slaves; but all such things shall be judged before the Earl, or Legate, or Commissioner, And the greatest matters were triable in the County. that is in the County Court; where with them and us, the Titles of Estates in Land were triable. And lastly, as we had our Burghmotes mentioned in our Saxon Laws last cited, so had the Germans in their Municipia, burgh's, and Cities their Courts and Judges. Their Burgraves & civitatis praeposit. which Magistrate was sometimes called Sculdais, Sculdasis, Scultetus or Schults, the Tungreve, Burmester, or Burgomaster, not unlike our Major, Bailiff, or Alderman; if the Cause were such as the Sculdaiss could not end it, he was to direct both Parties to their Judge, which was the Comes pagi, or Earl of the County, where the City or Town was, Ll. Longobard lib. 2. Tit. 41. c. 1.2. The Parity or Identity of Courts being shown, the Method of proceeding in them shall be considered; the very Forms are not to be found, of what was done in the Saxons times. The Learned [3.] Praefat. in Auth. decem. fol. 43. Selden confesseth he could never find them. Some Conjectures I shall make, what was done here, and show the proceed in Germany. 'Tis said in the Fourth of King Ethelred's Laws, made at Wanateing Brompton, col. 896. & Habeantur placita in singulis Wapentachiis; and let Courts be held in every Wapentach or Hundred, How the English Saxons proceeded in Judgement. The 12 men mentioned in the Saxon Laws, were no Jurymen, but Judges. and let twelve of the most knowing (so I translate Seniores here) Thanes or Freemen assemble and meet with the Centenary or Governor of the Hundred, (so I render Praepositus) and swear they will accuse no Innocent person, nor spare one that is guilty. These twelve Thanes are commonly taken to be Jurors or Jurymen, and the other twelve mentioned in [4.] Lamb. fol. 94. Senatus consulto de Montic. Wall. Six Welch, six English, are taken to be a Jury, ex medietate linguae, to try the Welsh and English in those parts; but these last in the very Law are said to be Judges and Lawyers, and not Jurors, and were to be punished in their whole Estates, if they judged not according to Right and Equity, unless they could excuse themselves by pretending to be ignorant of the Law; and the other twelve Thanes, named in Ethelred's Law, were no other but Judges, or Assessors with the Hundredary, Reve, or Praepositus; and sworn with him to do every man right, and were the same with the (g) They were Assessors to the Comes in his Court or Mall, so called from the Saxon Racha, a Cause, and Burgus a Burgh or City, as if we should say a City Judge; they are often mentioned in the Salic, and Ripuarian Laws, as Assistants to the Graffio or Comes. Rachinburgii and (h) So called from the * Gryph. Weich. Sax. c. 64. n. 7. They occur often in the Germane Laws. Saxon Scheppen jubere, monere, and were Assessors also with the Count, and sometimes, as Officers under him, judged Causes. A shadow of these we retain still in our † Coke in Hund. and County Courts, Inst. 4 c. 55, 56. Freeholders' Judges in County and hundred Courts. Notes. Judgement given by the Major and Assessors in some of our Corporations. Essoims what and whence that word. County and Hundred Courts, where the Freeholders', Sectatores curiae, Free-Suitors are Judges, and Judgement cannot be given in the Court by the Sheriff, but in the presence of two, three, four, or more of Freeholders', which is now holden sufficient to entitle them to be Judges, and the Judgement there given. In some also of our Corporations there are Assessors, with the Major or chief Magistrate, as in Cambridge Judgement is given by the Major and Bailiffs, which are four in number, besides the Aldermen, etc. And we find in the Customs of the City of Chester, in Doomsday there were twelve Judges of that City, in the time of Edward the Confessor, which were the men or Feudataries of the King, Bishop, and Earl. Scabini of the Germans, which were Judges, Coadjutors, and Assessors with the Comes and other inferior Judges. The Germans caused appearance by Summons and Distress. The Germans had two ways of procceeding, one by Summons, which in their Laws is called Mannitio, and that only in two cases, when the Question was about a man's Liberty or Freedom, as whether he was a Freeman or not, or when the Controversy 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 Germane 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, etc. 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 week's 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, 'tis 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 Judgement was the plano, and without Solemnity; they used, for aught 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 Sergeants, from the Latin Serviens a Servant, and if they did use any Writs, 'tis 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 Burghers of Thetford, by which he willed and commanded, that Aethelstane Abbot of ramsey, should have his House or Farm in Thetford in Norfolk, as fully and freely, etc. 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 Judgements here in the English Saxon times, yet we find some very ancient amongst the Germans, by which we may receive some light perhaps, how they proceeded in this Nation. [6.] Appendix The Form of a Judgement in old Germany. One Hrothelm comes to the public 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 withheld 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, than he commanded them to go upon the place and show 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 Judgement 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 Judgement its self in barbarous provincial Latin. And that these Testes were the same we call Jurors or Jurymen, 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 Controversy 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 Freemen only as had a Propriety of their own, were admitted to be Witnesses, and not Tenants, or such as resided upon their Lords Lands, and had no Propriety of their own, yet such might be Conjurators of other Freemen, because they were Freemen, c. 15. Capit. Car. & Ludou. 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 Jurymen 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 Doomsday the Verdict of the Jury is often called the Testimony or witness of the County or Hundred, Clamores de Eurwicscire North treading homines qui Juraverunt Testantur quod Terr. Haward. in Eurwicscire tenuit Ws. Mallet, etc. de omni Terrâ Asae testantur quod Roberti Mallet debet esse. Clamores in North Tredinge Lincolniae Testatur Wapentach. & totus comitatus, quod Episcopus Dunelm. debet habere, etc. Norff. Terra Sanctae Aldred. Hundr. & dimid. de Clatsclosa in Photesthorpâ, sed totus Hundredus Testatur eam fuisse T. E. R. ad Sanctam Adeldred. Hantescire Andov. Hundr. in And. hoc Testatur Hundr. So in Doomsday, e'er where the Hundred witnesseth or testifieth this, the Wapentach witnesseth or testifieth this, or the County witnesseth or testifies this or that, which were no more than the Juries, or men of the Hundred or County, that were summoned, sworn, and gave in before the Commissioners, (that took them) the Particulars of the Survey. And of such indeed Witnesses, did our Juries consist sometime after the Conquest, for in Glanvills' time, [7.] Glanv. l. 2. c. 17. none were admitted to be of a Jury, that knew not the truth of the thing in question, and by their own proper view, or sight, and hearing, had had knowledge of it: Few Laws in these elder times, Few Laws in elder times about Lands and Possessions. concerning Lands either here, or in Germany, as I noted before, and the reason was, that most part of the Lands being then, Beneficia or Fees held in Military-Service, they were held and governed by such Customs and unwritten Laws as were not any where published, except in one or two fragments. And all other Rights concerning them, were only handled in their Lords private Courts. Above all these Courts, the King had his Court, Ll. Edgar. human. c. 2. Ll. polit. Canut. c. 16. where no man might Appeal, unless he could not have Justice done him in the Hundred or County, and then it was to him both a Court of Law and Equity, An Appeal to the King's Court when Justice could not be done other where. if he could not have right at home, or if that right were too heavy for him, then let him seek to the King for ease, to the King himself, that he might have the rigour of the Law mitigated by the Conscience of the Prince, the same Law, and the same Court, and Power of the Prince was amongst the old Germans, Capit. Car. lib. 5. c. 14. & c. 141. Charts and Donations signed in public mals and Conventions. See Chirographum, Testamentum, Chartae pariculae vel pariles Chartae indentatae, Indentu●ae. In use in old Germany and old France, before known in England. Mab●llon. dear Diplomatica, lib. 1. c. 2. In their public mals, their Charts of the Sales of their Estates, Donations, and Traditions, (so they called some Donations and Sales) to Religious Houses and Monasteries were confirmed. See Chartae Antiquae in Antiquitat. Alaman. Tom. secundo parte prima & Antiquitates Fuldenses lib. 1. where are many Instances to be found amongst those Charters and Traditions, or as we may call them, Deeds and Conveyances. See Vadianus Tom. 3. fol. 44, 71. Antiqu. Alaman. by Godalst. who says, the consent of the Comes was required to all Donations; to Monasteries, lest such Lands might be given them as paid Rent to the Prince, and by that means his Revenue might be injured. And conveyances of Land in our English Saxon times, [8.] Summoner's Gaves, p. 87. Conveyances of Land entered in the Shire-book. They also and Mortgages Recorded in the Hundred. were entered in the Shire-book, or Recorded in the Hundred, perhaps for the better Security of their Estates: And their Mortgages likewise, or how should the Hundred or County present before the Commissioners for making the Conquerors Survey, that such and such Lands were mortgaged, and the Sum for which they were engaged, Terra invadiata, with the Sum for how much and to whom expressed, which I have seen in Doomsday more than once, but do not remember the places; and that it was so here after the Conquest, it not only appears by what Bracton says, fol. 38. n. 12. but it is evident also from the Witnesses to our ancient Deeds, which were commonly the best men in the Country, and living in divers Towns and Places somewhat remote, as John of such a Town, Thomas of another, and Richard of a third, etc. who 'tis probable did not meet to be witnesses to a Conveyance of an Acre or two, or some small parcels of Land, but they being Suitors to the County, or Hundred Courts, and bound to attendance there, those Deeds or Charts were brought thither, and witnessed in open Court. As there was an agreeableness in their Laws and Courts, The Germane Judges and Officers like to the English Saxon Officers. so was there a likeness in their Judges and chief Officers. Comes in the Latin version of the Germane Laws, and Aldermannus in the English Saxon, was the general word by which they expressed their Judges, or at least those which were Counts and Aldermen, were also Judges, and under one Name executed two Offices, one of a Governor of a County, Shire, or Province, the other of a Judge of the same; our old Latin Historians translate the Saxon Ealderman, by Regulus, Subregulus, Patricius, Princeps, Dux, Comes, and Consul, and it was expressed by every of these Latin words, according to the way of those times, Seld. Tit. Hon. fol. 502. Aldermannus a general word for many Officers. The Shirereve or Earl was called Aldermannus Comitatus, The chief Magistrate of a City, chief Officer of a Burg or Town, and the Constable of a Castle or Castellan, was called Aldermannus Civitatis, Burgi, vel Castelli, and the Centenary, Hundredary, or chief Officer of the Hundred or Wapentach, was called Aldermannus Hundredi, sive Wapentachii. Spelm. Glossar. in verb. Aldermannus. This word in its signification, imports no more than Senior or Elder, or as it was corrupted in the Provincial Latin, Signior or Signior, which in the [9.] Hottom. in verb. Feudal Law signified Lord or Patron, who had his Feudataries or Vassals, which were obliged to him by the Donation or Tenure of Fees. And it's more than probable, that seeing most of the degrees of Nobility, and men of Power were expressed by this word Ealderman in the Saxon times, that it was much used here in the same sense that Signior was in Italy, Germany, and the Roman Provinces, for a Lord or Patron, and sometimes for a great or Royal Vassal, which held immediately of the King or Emperor, sometimes for such other Vassals (though not of the meanest rank) that held of them, and sometimes for mere ministerial Officers. Which later by our Saxons, were often called Thegns or Thanes, and by those Names, Thegn or Thane what. and in the Latin Versions of them, by the name of Minister. They are often found in the Subscriptions of ancient Charters of the Saxon Kings after the Principes, Deuces, and Comites. The chief of which were the Kings, [1.] Sel● Tit. Hon. 〈◊〉. 507, 508, 515. Personal. Feudal Thanes, or Tenants in (k) Grand Serjeanty or Grand Service, is a Service that cannot be due to any Lord from his Tenent, Grand Serjeanty, what. but to the King only, because what is to be done, he ought to do it in his own Person. As to be General of the King's Army, to bear the King's Banner, his Sword, his Spear, or other Weapons: And to bear the Office anciently of Marshal, Constable, or Champion; to follow the King's Banner or Standard within the four Seas, to give notice of the Irruption of Enemies by sound of Trumpet, Horn, etc. grand Serjeanty, or Knight's Service in chief. These had large Possessions for their personal Services, had honorary Dignity, and were part of the greater Nobility of those times, and were commonly named and mentioned in the Saxon [2.] Ibidem. Annals, and Story with Earls; as also in Charters of the Saxon Kings. The Saxon words Eorlas & Degnas, Eorlas & Thegnas. being by Florentius of Worcester Huntingdon, Hoveden and our ancient Historians, translated Comites and Barones, Earls and Barons; and the Writers after the Normans coming, either received Thegn translated by Baro, or used so to translate it, where they met it in the Saxon Story. These [3.] Ibid. fol. 518, 519. Feudal Thanes, or such as held of the King in chief by Military-Service, were of the same kind with them that were after the Normans Honorary or Parliamentary Barons; and their Thainlands only were the Honorary Thainlands, and such as were afterwards Parliamentary Baronies. But to return to our Parallel, from whence we have somewhat digressed. Comes a general word for many Officers. Comes was as general a word among the Roman Provincials, and in the old Germane Laws, for a Person of absolute Power, a Governor, or Ruler of a Province, City, Burgh, or Castle, or for an extraordinary, or sometimes lower Judge, as Ealderman was with the English Saxons, and as Greve or Grave was amongst the Germans. Hence Comes Pagorum, Provinciarum, Civitatis, Limitum. A Count of a Pagus or Country, a Count of a Province, a Count of a City, a Count of the Borders or Marches against an Enemy. Grave answers Comes. To which do answer the Germane Gawe or Gograve, Landgrave, Burgrave, Marchgrave, and Gravia in Barbarous Latin for Comitatus, in Saxon and Germane Graffscaft And as Comes often signified a Judge, as he did preside in giving judgement; so [4.] Witch-bild. Saxon. Gryph. c. 61. n. 10. Judges in the ancient Saxon-language were called * Besoldus derives Graven (and perhaps truly) from the Germane Crawen, Cani, or gray-haired; as if a man should say, Seniores ancient men, or Senators: And by Interpretation, Discursus polit. 4. c. 4. n. 3. Grave whence. Nobiles praecipui & Optimates; Noble, the Chief, or best men. The Romans were frequently first Patres & Senatores, Fathers and Senators, then Comites or Counts. This agrees with our Ealdormen or Seniores, Oldermen; which denoted here our chief Governors and Officers under the Saxon Kings. Graven. These Dignities of Dux and Comes, Duke and Earl or Count were translated from the old Roman to the Germane Empire; being found in the Constitutions of Emperors, and other Writers before the Goths and Lombard's overran those Countries; nor is it probable the Roman Emperors did frame their Court according to the Model of Barbarous Nations. Seld. Tit. Hon. p. 2. n. 22. Besold. Discursus polit. 4. c. 4. n. 1. They were first officiary, afterwards had Feuds or Fees annexed to them during the pleasure of the Donors only. About the time of the declining Empire, they became Patrimonial and Hereditary, Seld. ibid. n. 23. Besold. ib. n. 12. Fees became first Hereditary in Germany, Fees when first Hereditary in Germany. about the time of Otho the Great, Anno Dom. 970. that is descended to the Issue Male of him that was first invested with them. And afterwards under Conraedus Salicus about 1030. to grandchildren, etc. Seld. ut supra. And in France Dukedoms, Earldoms, or Counties and Baronies, Earldoms and Baronies not Patrimonial in France ●efore Hugh Capet. were of old Names of Office and Government only, and not of Patrimonies, and might be revoked at the pleasure of the Prince; certainly they did not then belong to the Heirs of Dukes and Earls, etc. The first was Hugh * Capet was anointed July 30. 9●7. and died 22. Nou. 996. or 998. Capet, who to draw to him the affections of the Nobility, by whose help he had, without right, obtained the Kingdom of France, that made them perpetual, and then afterwards other small Fees passed to their Heirs, whilst they were Knights or Soldiers, Hottom. in Feud. Disput. col. 845. A. B. Before the year of our Lord 900. in the Reign of King Alfred, In K. Alfred's Reign, Earldoms were not Hereditary in England. Earldoms or Counties were here given and revoked at the King's pleasure, for he accusing his Earls and Governors of Provinces, which they had received of his Gift, of Ignorance, threatened to displace them, if they did not take care to be more learned and knowing in such matters as they had cognisance of; they affrighted at his Menaces, though some of them old and very ignorant, yet rather than part with their Earldoms and Places of Power, they earnestly apply themselves to Study, that they might make themselves capable of understanding what was just and equal, Asser. de Gestis Alfredi. fol. 21. n. 20, 30. Their Possessions here in those times, were sometimes whole Counties, sometimes parcels of Counties, sometimes a whole Kingdom, as it was in the Heptarchy, sometimes more, sometimes less, which much depended upon the King's pleasure, Seld. Tit. Hon. p. 2. c. 5. n. 3. Besides these Possessions, they had a third part of the Profits of the Shires, and of the Mulcts, and Forfeitures, as every where may be seen in Doomsday, in the time of Edward the Confessor. The third part of the Profits, etc. due to the Earl. For the third Penny of Forfeitures, take one instance for many in the Customs of Chester, Tit. Cestreshire; if any one brook the Peace that was granted by the Earl at the King's command, of the hundred Shillings which were forfeited for that, the Earl had the third Penny. ●o it was in Germany. So was it in Germany, the Earl had the third part of the Pleas, Mulcts, Punishments, or Composition due to the Crown, or Palace, if he did his Office vigorously; but if he were negligent he had nothing, Ll. Longobard. lib. 1. Tit. 2. c. 10. who desires to be further satisfied in the various acceptations of Dux, Comes, Aldermannus, Grave, etc. may see Seldens Tit. Hon. p. 2. c. 1. Hottom. in verb. Feud. Spelm. Glossar. verb. Aldermannus. Lindinbrog. Glossar. Besold. discurs. polit. 4. c. 4. Cassiodor formul. lib. 6. Towards the end and in many other places. Orders of men, the same in Germany as in England. Nor did we resemble only, and receive from the old Germans and Saxons our Laws and Magistrates, but the ranks and orders of our People also. The Saxons had their (l) From Edel, or Ethel, noble, and Ling or Ing a Patronymick, as some, or a Termination only, as others would have it; generally it signified all sorts of the Nobility, but strictly with us, the King's eldest Son, and Heir of the Kingdom. Edlingi, (m) From Fri Free, and the same Termination. Frilingi, (n) From Fri Free, and Lazzi a Slave. Frilazi, & Lazzi. Nobiles, ingenui Libertini, or (o) They were called Manumissi, because put or delivered from one man's hand to another; he that m●numissed or made Free his Slave, delivered him into the hands of a Freeman, and he into the hands of a third, and he into the hands of a fourth Freeman; and the fourth led him into a place where four ways met, and said to him, the other being witness, here are four ways, and you have free power to walk in which you will, Ll. Longob. lib. 2. Tit. 35. c. 1. Other ways there was of Manumission, or making men Free by Will, ibid. Tit. 18. c. 3. by Charter or Deed, Marculph. form. n. 89, 90, 91, etc. by striking a Denarius, or piece of Money out of the Slaves hand, Vet. Chart. Alaman. Goldast. n. 7. and several other ways: From the two last, the manumitted Person was called homo Chartularius, & homo Denariali●, Ll. Longob. lib. 2. Tit. 35. c. 11. And as there was several ways of being made Free, so was there several ways of becoming Slaves. By birth when they were born of such Parents; others sold themselves into Slavery for a price agreed on between them and their Patrons. Others having been condemned to death, were redeemed from it with a price, and in satisfaction of the Debt, became Servants or Slaves to him that paid the Money. Others, through Want and Poverty, not having wherewith to seed and clothe themselves, Marculph. Formul. n. 134, 135, 136, etc. Others for Stealing both here and in Germany, as a Punishment to them, were made Slaves, Ll. Inae. c. 7. Ll. Burgund. Tit. 57 §. 1, 2, 3, etc. the same Laws in both places. Manumissi, & Servi; Noblemen, Freemen, manumitted Slaves, such as had obtained their Freedom, Lib. 2. rerum German. c. 3. Frequency of Slaves when first in Germany. and Servants or Slaves. B. Rhemus tells us the frequency of Slaves in Germany, was after the Battle of Tolbiacum, now Zulch in the Dukedom of Juliers, wherein Lewis the Great King of the Franc's totally subdued the Almans, and all Germany beyond the Rhine, Anno Dom. according to Sigebert Gemblacensis, 499. and brought most of them into Slavery and Servitude, some of them were Servi fiscales or Fiscalini, whose Bodies and Estates belonged to the King's Revenue; others were Servi Ecclesiastici, Ecclesiastic Slaves, such as were given to Monasteries by the King, his Dukes, or Earls; and hence those Prestations and Payments of the best Beast in the Stable, or best piece of Householdstuff, at the death of the Master of the Family, to many Abbats, who by the liberality of the French Princes, enjoyed many Servants or Slaves in his time. B. Rhenanus in the place before cited. All these sorts of People were amongst our English Saxons, though by other names. The Nobility were called Sapientes, Witen, Ealdermen, Cynings, Thegns, Eorles, Hlafords, etc. The Freemen most commonly called Freoh, the Servants or Slaves Theows or * Thowes. Dove's, and the manumitted Slave or Servant * Freoman. Freot mon, a freedman, or man made Free. Summoner's Saxon. Dictionar. in verb. the first three sorts occur often in the Saxon Laws, and the last in the eleventh and twelfth Chapters to the Preface of Alured's Laws. That very many Servants and Slaves there were here in the Saxons times, before the Conquest, may be proved from Doomesday-book, which the Normans in their Latin called Villani Bordarii Servi, etc. And without doubt many there were of the Liberts, or such as were made Free, seeing no body would be a Slave or Servant that could procure his Freedom. The Germane Servants or Slaves could not better their condition; what they got and wrought for was their Patrons, Servants their Condition in Germany. they might be given away, changed, or sold, Godalst. Antiq. Alaman. Tom. 2. Chart. 3, 4. And 'tis not to be thought their condition was much better here, for it should seem by some of our old Saxon Laws, that the very Freemen of ordinary condition, had their Lords or Patrons, and were not absolutely or independently free to do what they would, Ll. Inae. c. 3. If a Servant, Drudge, Freemen had their Lords and Patrons in old England. or Slave work upon a Sunday by his Lords command, let him be Free. If a Freeman works the same day without his Lords command, he shall lose his Freedom or sixty Shillings. Freemen had their Patrons in old Germany. And in several places of these Laws, Freeman and Lord are mentioned as relatives; and so it was in old Saxony, that Freemen were under the Protection of Noblemen, Ll. Saxon. c. 16. Liber homo qui sub tutelâ nobilis cujuslibet erat qui jam in exilium missus, si haereditatem suam necessitate coactus, vendere voluerit, Tutori suo offerat. If a Freeman that was under the Protection of a Nobleman, was banished, and forced to sell his Inheritance, let him first offer it to his Patron; to the same purpose there was a Law amongst the West-Goths, lib. 8. Tit. 1. c. 1. The State and Condition of a Freeman in Germany. The State and condition of an ordinary Freeman in Germany, seems chief to relate to his works or labour. By which we may take notice of the condition of a Servant, which could not do as he did, but his Patron or Master received what he had for them. Liber homo qui statum suum in potestate habet, & pejorare eum & meliorem facere potest, atque ideo operas suas diurnas Nocturnasque locat, Capit. Car. lib. 3. c. 79. A Freeman which hath his state or condition in his own power, may make it better or worse, and therefore may dispose of it, or take Wages for his night or day labour, which a Servant, Villain, or Slave could not do. Saxon Freemen were constantly bound to their good behaviour. Nor were the English Saxon Freemen of such an absolute free condition, but that they stood constantly bound to their good behaviour; for King Alfred instituted Hundreds and Tithings, and contrived every Shire into such Portions and Divisions, that every English man living under Law, might be in some Hundred or (p) Tithings, so called where ten men and their Families were cast into a Society, all of them being bound to the King, Spelm. Glossar. in verbo. for the peaceable and good behaviour of each other of their Society. Of these there was one principal Person, who from his Office was named Tienheofod or Teothungman Decurio, Capitalis Friborghus, or Plegius, the head Ten man, or the head pledge or Friborgh, so called from Fri free and borgh, Surety or Pledge, and signifies no more than a free Pledge (the Servi Slaves and Villainies being under the power and care of their Lords.) Hence our word nigh borgh, or as we now write it neighbour, for Vicinus our next Pledge, a Surety that lived near us. The Office of the Tithing-man, or head Ten man, as appears by † c. 32. Edward the Confessor's Laws, was to determine of smaller matters there specified, between neighbours and such matters and trespasses as belonged to their Farms. We have at this day the word left only in our Courtbarons, and Leets, that is Deciner, Disiner, or Desiner for Decenner, one of the Decenna, a Handborgh, or inferior Pledge, See Spelm. Glossar. in verbo Handborowe. Tithing; and if he were accused of any Transgression, he should forthwith bring in some one of the same Hundred or Tithing, that would be his Surety to answer the Law; but if he could find none such to undertake for him, then to abide the Severity of the Law; and if any guilty Person should fly before or after his giving such Security, that then all within the Hundred or Tithing should be fined to the King, Malmsb. fol. 24, a. n. 40. These were the Divisions of Shires into Hundreds and Tithings, but where to six the first Division of the Nation into Shires and Counties, I find not. [5.] Hist. Croyland. fol. 595. b Lo●d. Ed. Ingulph was mistaken when he fixed it upon this Alfred, who began his [6.] Asser. in v●t● Alfred. fol. 7. n. 50. Reign Anno Dom. 871. for in Asser. Menevensis, fol. 2. n. 10. & n. 50. we read of Ceorl Earl of Devonshire. Eanwulfe Earl of Sommersetshire, and fol. 4. n. 40. Osric Earl of Hantshire, and Ethelwolph Earl of Berrocshire, in the Reign of his Father Ethelwolph, and his Brother Ethelbert, before him in the years 851, 855, & 856. The manner of making the English Saxon Laws and Germane Laws the same. Further the Agreement between the old Germans, and our English Saxons, in the manner of making their Laws, is worthy notice. In the second year of Gundebald the most glorious King of the Burgundians, about the year of Christ 500 those Laws were made [7.] Praesat. ad Ll. Burgund. cum concilio comitum & proc●rum, with the advice of his Earls, Counts, and Nobility, whereof 32 Comites there named. The Alaman. [8] Praesat. vel Tit. ad Ll. Alaman. Laws were made or renewed in the time of King Clotharius, between the years of Christ 5 and 600 together, with the advice of 33 Bishops, 34 Dukes, and 72 Earls or Counts. The like we have in the Prologue to the Bavarian Laws, made about the same time by Theodorick King of the Franc's, and perfected by Clotharius, 'Tis not to be supposed that all the Christian men, or 100 men in his Empire, were advising or assisting in, or any ways knew of, or were consulted, in the making of, or establishing those Laws. with the assistance of his Princes, and all Christian People within his Kingdom; where we may note that Populus here and in the Title to the Alaman Laws, signifies only the Nobility of lesser note, that is, of an inferior Order, to Dukes and Earls, or Counts and not the People in general: Under Caroloman Dux & princeps Francorum Anno Dom. 742. there was a Synod held, and Laws made, most of them Ecclesiastical; concilio Servorum Dei, that is, as he there expresseth it, by the advice of his Archbishops, Bishops, and Presbyters, & Optimatum suorum, and of his Nobility. The same year in the Kalends of March, he held another Conventus Synodalis, or Synodal Convention, where all the former Decrees of the last Synod were confirmed by the venerable parts of God, as also by his Earls, Counts, or Prefects, lib. 5. Capit. Car. & Lud. c. 2, 3. The Salic Laws were made in [1.] Praefat. ad Ll. Salic. The English Saxon Laws how made. Mallo, in the public Convention, and were by Charlemaign caused to be written Anno Dom. 798. The manner of making our English Saxon Laws, exactly answers this, [2.] Lamb. in Ll Saxon. And Tham ylderstan Witan Miare Theod. Ina King of the Westsaxons, who began his Reign Anno Dom. 712. made Laws at the request, and by the advice of Cenred his Father, Hedda and Erkenwold his Bishops, all his Ealdermen or Senators RAM YLDERTAN WITAN MINRE THEODE and of the Seniors or Eldest (q) Sapientes & Prudentes, wise men [3.] In verb. Feudal in verb. Sapientes Sapientes in our Saxon Laws signifies the Temporal and Spiritual Nobility, or Bishop's Earls, Thegns, etc. There is no particular mention of any Aldermen, Eorles, Gerefes or Bishops, or other sort of Saxon Nobility, and yet without doubt they advised in the making of all the Laws which proceeded or followed these Prefaces, 'tis only it was done with the advice of his Wisemen. Hottoman interprets to be Lawyers, or men skilled in the Laws. Sometimes it might be so in the Feudal and other Laws, and the places by him cited, being called by the Legislators by way of advice and Counsel. But in our Saxon Laws, the Sapientes or Witena were divers times taken for the whole Baronage or Nobility, as I may so say: And in this sense it is used in the 49. Chapter of the Preface to Alured Laws. Where if Sapientes or Witen signified only men skilled in the Laws, than were none of the temporal Nobility present at the making of those Laws, unless perhaps they were the Lawyers meant by that word, as being many of them Judges and Justiciaries at that time. King Edgar, who began his Reign 950. prefaceth his Laws thus. This is Seo geroedniisse, The Edgar Cyno mid his Witena getheah●e geraed, etc. which literally is to be thus translated. This is the Constitution or Ordinance which King Edgar made with the Counsel and Advice of his Wisemen. The same Preface is to the Laws of Ethelred, who began his Reign 979. made at Woodstock in Mercia, which was then governed by the English Laws, that is, the Laws of the East-Angles. Also the Senatus-consultum Walliae hath the same Preface. And the Laws of Cnute. Likewise both Ecclesiastic and Humane. Now in all these Prefaces Witan Sapientes, Wisemen must be taken for, or meant of the Bishops and Nobility, or they were not present at the making of these Laws, which no man can believe, that considers how many Ecclesiastic Laws there are amongst them, and Laws relating to the worship of God, and a holy life, that were never made without at least the advice of the Bishops. wise men of his Nation; and according to this method, were the Prefaces or beginnings of all the Saxon Laws. And as according to this manner, all the considerable people of 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 Eastangle 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 ●itches; The old Germans and English Saxons secured their Lands by great Ditches. such was the Saxon Ditch or Vallum, that King P●pin [4.] Adelm. an●al. An. 7●8. forced, and by which he entered Saxony, after a stout defence the Saxons made upon it, to keep him out of their Country. And that also, called [5.] Olaus Wo●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 Duchy of Sleswick, from the River Slay 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. ●. 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. palisadoed 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 Britain's 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 Britain's; 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 Welshman 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 Westsaxons 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, Devil's Ditch. called Divels-Ditch, about a Mile from the Town, it begins at reach, 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 strait Line, where it endeth in Woods and Thickets, or in that Country which is at this day called the Wood-lands. The height 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 height, and the breadth of the Ditch proportionable. It gins in the Wood-lands at Balsham in Cambriage-shire, near a House and Farm called Godscroft, and is carried on not altogether in a strait 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 gins again on the Northwest 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, etc. 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. St●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 Paludes) and from thence they annoyed and made Eruptions upon the Romans. The old Germans retire into Woods and Bogs. Lastly, the English Saxons followed the practice of those in old Germany, in holding their general Councils, Conventions, They held Councils as our English Saxons at Easter Whit-sunday, and Christmas. or Placita's, at Christmas, Easter, and Whitsuntide, and that is the reason the old Germane Historians and Annalists, as well as ours, do constantly note in their Histories, where their Kings or Emperors kept these Feasts, because at those times were present also in Court all the Bishops, and Temporal Nobility, who were the only Body of such Councils. Our Saxon and Danish Kings, before the Conquest, with the advice of the Clergy and Nobility in their great Councils and Conventions, made divers Laws for the Government of the Church of England, and regulating the Clergy, And in them make Laws Ecclesiastic, as well as Civil. and directing them in their Offices, and appointing what they should do; and amongst all their Laws put out by Lambard, there are some Ecclesiastical Laws to be found, but more especially and the greatest number in alfred's, Edwards, Edgar 's, and Canute's Laws. Some whereof are cited in the second part of this History. And it appears by the ancient Laws of the Germane people, the Saxons, Franc's, English, Burgundians, Lombard's, &c. and by the Capitularies of Charles the Great, and Lewis his Son, and by their ancient Historians, that the like usage and Custom was in old Germany, and that theirs as well as our Princes, called these Synods, presided and determined in them (or some Bishops by their appointment or permission) in all things relating to the Order and Government of the National Church, both there and here, for aught that I could ever find, although their Theological Articles and Opinions for the most part, might be the same, or not much different from the Doctrines of the general Christianity than received and practised. Yet it cannot be denied, but that the English Church received many things from the Roman, by way of Commendation, Advice, and Direction, as being that place from whence the Saxons in a great measure received their Conversion, and Rome the most celebrious and famous place for the Profession of Christianity, as it was then generally used and practised; though from thence it received not in aftertimes the Ecclesiastical Laws and Rules made for the Government of it; No Encroachments upon Regal Authority, or Pope's Legates here before the Conquest. nor were the Pope's Encroachments upon Regal Authority, or Usurpations and Exactions upon the Rights and Liberties of the Church and People, or the Power and Authority of domineering Legates known here before the Conquest. True it is, that in the Saxons times before the Conquest, at the request of Kings, and other great Personages, that Popes did confirm the Foundations, Liberties, and Privileges of several Monasteries, and strengthen them (as the Founders in those ignorant Ages thought) by their Benediction upon the Favourers, and anathemas upon the Infringers of them. And these Applications to the Pope, were no real Arguments of any just legal Authority he had in this Nation, but only of the opinion men had in those times of, and deference to, the efficacy of his Blessings and Curse. Three Objections against that Assertion answered. Against what is said, there are three Instances which may be insisted on, the first is of an Appeal to Rome, by Wilfrid Bishop of York, having been put from his Archbishopric by Ecgfrid King of Northumberland, and that he was restored by the Authority of Pope Agatho; and being removed from his See the second time, by King Alfrid Son of Ecgfrid, he was restored by order and command of Pope John the Sixth. This Story is related at large by [1.] Lib. 3. de gestis Pontif. fol. 147. b. n. 10. Malmesbury, yet as he says, it was but a Compendium of a larger written by one * See Actorum Benedictinorum. Tom. 5. Edit. Par. Per J. Mabillon. Stephan a Priest, but wanting an opportunity of perusing these Acts of the Benedictines, shall relate the matter of fact from Bede, who at the time of this Controversy was twenty years of Age, and a Monk in the Monastery of Weremouth in the Bishopric of Duresme, but then, and not long before in the Diocese of York, who being a diligent observer of these things, must give us the best account of this case. The matter of Fact, as 'tis by him reported, was this, [2.] Bede Eccl. fol 443. Anno Dom. 680. Wilfrid put from his Bishopric by Ecgfrid. Wilfrid was forced from his Bishopric by King Ecgfrid; he appeals to Rome, where in the presence of Pope Agatho, and many Bishops, by the judgement of them all, he had been accused without fault, and found worthy of his Bishopric. But at his return, notwithstanding this Judgement, he was [3.] Ibidem fol. 292. kept out of his Bishopric by King Ecgfrid: or as [4.] De gest. pontiff. fol. 11●. b. n. 50. Malmesbury hath it, both by the resistance of Ecgfrid, and Theodore Archbishop of Canterbury, who was a Greek sent from Rome, and made Archbishop by the Pope. This Wilfrid had his Education mostly at Rome, and in France, [5.] Ibidem fol. 148. a. n. 30 from whence he returned into England with the French Elegancy or Fineness, and the Roman Pomp. And the Lux, Splendour, and Pomp he lived in, were his only [6.] Ibid. 149. a. n. 40. Crimes, if we believe that Author; and he says not plainly that he was thrust out of his Bishopric, but that King Ecgfrid and Archbishop Theodore, He was not restored by the Pope. taking notice of his pompous way of living, Theodore thought the largeness of his Diocese, and profits of it, sufficient to maintain four Bishops; and therefore he ordained two other Bishops (for [7.] Ibidem fol. 111. b. n. he placed and displaced Bishops where he pleased) in that Diocese, and for this cause he appealed to Rome. After the death of Ecgfrid [8.] Bed. uti supra fol. 444. An. Dom. 686. in the second year of the Reign of (s) Alfrid began his Reign the first [3.] Floren. Wigorn. fol. 566. day of June, Anno Dom. 685. when his Brother Ecgfrid was slain, so that Wilfrid was restored to his Bishopric Anno Domini 686. and to that of [4.] Ibidem. Hagustald or Hexam in Northumberland only, and put out again five years after, Anno Domini 691. in the time of Pope Sergius, who was created, as [5.] Chron. Pontif. Rom. fol. 21. Onuphrius says, December 17. 687. and died September 8. Anno Domini 701. to whom Pope John the Sixth succeeded, 29 of October following, and died the seventh of January Anno Domini 705. And if any Appeal was, it must be to this John the Sixth, above ten years after his last Expulsion by Alfrid, which is scarce credible, for probably he would not have had patience to have stayed so long. Alfrid his Son, Wilfrid received again his Bishopric at the King's Invitation; but after five years being accused by the King himself, and very many Bishops, But received again by King Alfrid And five years after removed again. An. Dom. 685. he was again thrust out of his Bishopric. When also appealing to Rome, he was by Pope John the Sixth, and many Bishops, judged in some things objected against him, to have been falsely accused, insomuch that the Pope wrote to Alfrid, to restore him to his Bishopric; [9.] Ib. fol. 447. Alfrid contemns the Pope's Letter, etc. who contemning the Message he brought, refused to receive him, yet after his death, he was restored, after some bandying, and agitation of his cause, [1.] Ibidem. He was restored by a Synod after his death. by a Synod called under his Son Osred. [2.] Ibid. 446. A pretended Vision helped much towards his Restitution. A pretended Vision he had in his return out of Italy, much helped toward his Restitution, in which he said Michael the Archangel appeared unto him, in a great Fit of Sickness he had at Meldae, (now Meaux upon the River Marn ten Leagues from Paris) and told him he should be recovered from death, and also be restored to a great part of his Possessions which had been taken from him in England, and end his life in peace. This Vision he discovered to his great Confident and Companion to Rome Acca a Priest, who without doubt made the best advantage of it in those credulous times. There accompanies this Story of Wilfrid in Spelman's Councils, Tom. 1. fol. 163. and Labbe's Councils, Tom. 6. col. 576. taken from the former, The Privilege of the Abbey of Medehamsted alias Peterburgh. a Privilege granted by Pope Agatho to the Abbey of medeshamsted now Peterburgh, wherein 'tis said, in the person of Agatho, and as a Constitution of his, that the Abbot of that Monastery, should be the Legate of the Roman See, through all England; and that such as had made a vow of Pilgrimage to Rome, and were hindered by Sickness or by any other impediment or necessary cause, if they came hither they might receive the same Absolution and Remission which they should have received at Rome. This Privilege Sir Henry Spelman had out of a Saxon M. S. belonging sometimes to that Abbey, which he hath translated, The Privilege in the Saxon Tongue. and says he never saw the Latin Original. But now that is extant in Dugdale's [6.] Vol. 1. fol. 66. And in Latin. Monasticon, and doth no way agree with the Saxon Privilege; in this 'tis only said that the Bishop of the Diocese should not have any Prelatical Power over this Monastery, nor the Abbot thereof, but should use and respect him as if he were a Roman Legate, his Fellow-minister of the Gospel, and his Companion, not his Subject. That all People of Britain, and other near Nations, who being hindered by the length of the Journey, or other necessary cause, might visit St. Peter here, as effectually as at Rome, his own City, where they might pay their Vows, Hence its name of Peterburgh. have Absolution from their Sins, and receive Apostolical Benediction, etc. Both these Privileges, though very much different in Form, Matter, and their Attestations, or Witnessing, yet they bear date the same year [7.] Ibid. fol. 67 col. 2. Spelm. Council. Tom. 1. fol. 266. One of them false. Both suspected. viz. 680. and are both said to be sent by [7.] Ibid. fol. 67 col. 2. Spelm. Council. Tom. 1. fol. 266. One of them false. Both suspected. Archbishop Wilfrid from Rome, so that one of them must be false, and without doubt 'tis that in the Saxon Tongue is the Counterfeit, seeing the other from Rome was in Latin, and therefore most probable to be the Original: or probably they might both be false, for the Monks had an excellent Art in making Bulls, Privileges, and Charts, for advancing the Credit, Reputation, and Interest of their Monasteries, as appears by the Controversy between the [8.] Gervas'. Dorob. col. ●458. Archbishop and the Monks of St. Augustin's in Canterbury, Anno Domini 1181. near five hundred years since, in which Controversy they produced two Schedules, or Charts before the Bishop of Durham, and Abbot of St. Alban, the one said to be the Privilege of King Ethelbert; the other of Augustin their first Archbishop of Canterbury; both which for the reasons there alleged, were suspected not to be what they pretended they were, and therefore not allowed. But if true, they prove not a Pope's Legate here before the Conquest. But suppose the Latin Privilege to be true, it makes nothing to confirm the opinion that this Abbot was the Pope's Legate formerly, and with that Power and Grandeur constituted, they have been for many years past, and of late days; for we read not in any History, that the Abbats of this place ever exercised any Legantine Power or Authority, and therefore Legate here, must signify an ordinary Messenger, Minister, Commissary, Deputy, or Official; as it did most frequently in those elder times: so that when it is said in the Latin Privilege, the Bishop was to respect the Abbot as a Roman Legate, there is no more meant, Legate anciently signified only a Commissary, Official or ordinary Minister. than as the Pope's Commissary, Official, or Minister, to give, in his stead, Papal Absolution, and Benediction to such as had made Vows for Pilgrimages to Rome, and from hence, no doubt, the Pope had a considerable Income or Composition. The other two Instances follow the first, Anno Domini 905. in the Fifth year of King Edward the elder Son of Alfrid. He received a chiding Letter from Pope Formosus, Malmsb. de gest. Regum fol. 26. n. 30, 40. Monast. Angl. vol. 1. fol. 220. col. 2. & fol. 221 col. 1. A pretended Letter from Pope Formosus commanding him, and all his, by threatening and affrighting them with his Malediction, if there were not Bishops appointed in all places where they had been before, whereupon the King called a Synod, in which Phlegemond Archbishop of Canterbury presided; in this Council were made seven Bishoprics, where before there were but two. This Synod ended, the Archbishop goes to Rome with the News, which was very acceptable to the Pope; and at his return, ordained or consecrated those seven Bishops in one day, which before in the Synod had been nominated or elected; amongst whom was Edulfe Bishop of Crediton in Devon-shire; which Bishopric, afterward, Edward the Confessor gave to Leofric his Capellan, Anno Domini 1046. who (as was believed) moved with Divine Inspiration, cast about how he might procure the See to be removed from Crediton to Excester; and because he thought it could not be done without the Authority of the Roman Church, he sent Lambert his Priest or Capellan, to solicit this Affair with the most Holy Pope Leo; and he most willingly complying with his request, wrote to the King, using these words in his Epistle (which by the Incongruity both of Words and Latin, seem to be the Invention and Scribble of some illiterate Monk) Cum vero ad vos miserimus Legatum nostrum de aliis dicens, nunc autem de nostro fatre jam dicto Leofrico, praecipimus atque rogamus ut propter Domini & nostri amoris causam, adjutorium praebeas ut à Cridoniensi villulâ ad Exoniam sedem Episcopalem possit mutari. The King, Ibidem n. 50. Edward the Confessor, by the Pope's order changeth the Seat of the Bishopric from Crediton. with great Devotion, giving his assent to these Letters, forthwith gave to Bishop Leofric the Monastery of St. Mary and St. Peter the Apostle in Excester, that he might fix his Episcopal Seat there, and after some Months coming thither, he took him by the right hand, and his Queen Edgith by the left, and placed him in his Pontificial Chair in the said Monastery, in the presence of many of the chief Nobility of England. By both these Stories it might seem, that the Popes had some power over the Kings of England in these times, for that they commanded as well as requested, them to do the things abovementioned. Both these Stories are groundless. But both of them may well be suspected, for there never was but one F●rmosus Pope, who died Decemb. 14. in the year 895. according to Onuphrius in his Chron. Pont. Roman. fol. 27. ten years or at least before this pretended message to Edward the Son of Alfrid, who was not King of England at that time, having begun his Reign Anno Domini 900. as is noted in Lambards' Saxon Laws, or Anno Dom. 901. according to the Saxon Annals. And not much unlike to this Message, is the pretended Epistle of Leo to Edward the Confessor: For Leo the Ninth (who it must be if any) entered not upon the Papacy, until the twelfth of February in the year 1049. as in Onuphrin in that year which was the seventh and not the third of the Confessor's Reign, as the Story hath it in the first Volumn of the * Folly 221. col. 1. lin. 3. Monasticon, from a M. S. in Cotton's Library. I shall conclude this present matter, and this first part of the Saxon History, with this Remark, that many Bulls, Charts, Privileges, Epistles, etc. reserved in the Saxon Monasteries, were thought fraudulent, and suspected by the Ancients themselves: And that by the Observation of some Norman words, often to be found in them, the accurate noting of their Dates and Agreement of the years of our Saviour Christ, King's Reigns, and Pope's Sittings, they may be detected. THE SECOND PART OF THE Saxon History. THE Roman Empire sinking under its own weight, Vortigern alias Guortigern. A. D. 446. and not able to afford the Britain's any further assistance (as was said in the close of the Roman Story) who were at this time under the pressure of many and grievous Miseries, Fire, Sword, The Miseries of the Britain's. and Devastation from the Picts and Scots, Gildas c. 17. p. 39, 40. and the intolerable rage of Famine at home, yet at length assembled together from the Mountains, and out of the desert Woods, obtained a signal Victory over their Enemies, (but under whose conduct I not where find) after which, for some time, they enjoyed a happy Repose, not being much troubled with Invasions, and their Country abounded with so great a Plenty of all things, as there was no memory of the like. What the Government was here, and who the Governors for some time after the Romans departure, appears not. By Gildas it is probable there were several petty Princes or Rulers in the several parts of Britain, which were once the Province, and subject to the Romans; as Constantine, Aurelius Conanus, Vortiper of the Demetians, Cuneglasse, etc. In this time of breathing, Ibid. p. 66, 72, 75, 77. from the Violence of their cruel Enemies, an horrible Plague invaded them, which swept away such multitudes, as the living were scarce able to bury the dead; Ib. 46, 47, 48. and then also the News was brought them of the Intentions of their inveterate Enemies, that they were about to return and invade them with such a force, as should take possession of their whole Country: at this time Vortigern otherwise Guortigern, Vortigern chief in Britain whether by choice as some, or force as others report, obtained the Government over the Britain's; to whose Easiness, Supinity, Luxury, and Effeminacy, Ibidem, and so forward. the Ignorance, Avarice, Debauchery, and Simony of the Clergy; and after these great Examples, an Universal Lapse of the Nobility and People into notorious Extravagancies and Impieties, The Cause of the Ruin of the Britain's. Gildas passionately attributes the ruin of his Country. Vortigern. A D 〈…〉. To prevent which (as was thought) and to repel the Violence, and hinder the Incursions and Invasions of the Picts and Scots, Vortigern held a Counsel of his Great men and Nobles, 〈◊〉. 49. Mela●b l. 1 c 1 being excited thereto by the no●se and clamours of his People, wherein by general consent it was agreed to call the (a) They were originally Scythians, and came out of Asiatic Sarmatia, and possessed, and overcame many Countries, yea almost the whole Roman Empire, under divers names of Goths, Huns, Vandals, Sweves, Lombard's, &c. and since that time have conquered other Countries under other names, of Saxons, Danes, Normans▪ etc. Their Breed was great, and they multiplied so fast, that their uncultivated Country was over-stock'd with Inhabitants, and not able to sustain them, which forced them upon their Expeditions; their multitude of Wives being the chief cause of such a vast increase of People. These Invaders of Britain had then names from the Gothic or Runic word Saex, which signifies a Falchion, Sheringham de Orig. Gent. Aug. p. 207. or short hooked Sword, or long Knife, which they wear as their usual Weapon, from thence Saxons. Saxons out of (b) They who inhabited, or rather committed Piracies from all the Sea Coasts of Germany, between the Rivers Rhine and Elb; and also upon the Coasts of the Cimbrian chersonese, or Peninsula which now contains Jutland, the Dukedom of Sleswic, Ditmarsh, and Holsatia, which by Bede and other ancient Authors, are truly called old Saxony. Germany to their Aid, They call in the Saxons. who no sooner received the Invitation from the Britain's by special Messengers, but they easily granted what themselves had a thousand times wished for, A D. ●49. B●d. l. 1. c. 15 Gildas, p. 50. and arrived soon after, under the conduct of two Brethren, Heugist and Horsa, in three Long-boats or Galleys, which in their own Language they called K●ules in the Island of Tanet, which was bestowed on them for a place of Habitation; Tanet Isle given to the Saxons. and being received with much favour from the King, and great affection of the People, by giving their Faith on both sides; the one part stipulated to defend the Britain's Country, Bede. Ibid 58. Malm. l. 1. c. 1. the other that over and above their place of abode, they should receive sufficient Pay and Reward for their Services done them. Here they were not long without Employment, for the Scots not thinking perhaps of any opposition, The Saxons overthrew the Scots and Picts came boldly into the heart of the Nation, whom the Saxons encountered and overthrew. Hengist and the Saxons taking notice of the Fertility of the Country, the Easiness, Sloth, and Negligence of the People, send home to invite others to be sharers of their Future Success and Expectations, they readily comply with the Invitation, More Saxons invited and arrive. Bede. l. 1 c. 15. and there came in sixteen Ships, People of three Nations in Germany; Saxons, (c) People that inhabited Anglia vetus, or old England; the Country lying upon that part of the Baltic Sea, Old England, where. between Flensburgh and Sleswic, now called Angle●. Angles, (d) They came from Jutland in Denmark, situated more Northerly in the same chersonese or Peninsula. Jutes, which with those that were here before, made up a complete Army. With them, and by design of Hengist, came over his most beautiful Daughter (e) I do not think this Story very Authentic, it not being in Bede or Gildas, and Malmsbury relates it as a Report only. Rowen or Ronix, who was ordered by her Father, to attend on Vortigern at an Entertainment he had prepared for him, Malm. l. 1. c. 1. who surprised and deeply smitten with the Elegancy and Beauty of the Virgin, demanded her in Marriage; Hengist at first cunningly dissembled, what he most of all desired, pleading the meanness of his Daughter, and the inequality of the Match, but at length, with much seeming unwillingness and reluctancy, he consented, and received all Kent for a Reward. Kent given to Hengist. With which not being satisfied, he insinuated into the King, Vortigern. A. D. 450. how advantageous it would be to him, that he sent for yet a greater Force under the Conduct of his own and his Brother's Son Octa and Abissa, Matt. Westm. An. 453. who might defend the Northern Borders (where he advised they might be seated) from the Invasion of the Scots and Picts, while he guarded the East parts of his Nation; Vortigern consents, and there came presently with the Messengers, Three hundred Ships more with Saxons arrive in the North. Malm. l. 1. c. 1. three hundred Ships laden with Soldiers, with which, or some of them, they sail as far as the Orcadeses, and making every where Impressions upon the Scots and Picts, took Possession of that which is now called Northumberland, and the parts adjacent, but it was not then erected into a Kingdom, until the time of Ida. The Saxons now thinking their numbers sufficient to overpower the Britain's, League first with the Scots, and upon pretence that their Wages and Victuals were not answerable to their Service and Deserts, quarrel with the Britain's, and threaten, that if they were not augmented, they would break Friendship with them, Gildas, c. 24, 55, 56. and waste their Country; and without delay they practised what they threatened, The horrid Destruction of the Britain's, Ibid. every where destroying and spoiling the adjoining Cities and Countries, burning all before them from the East Sea, to the West; Pastors, Priests, and People, all were slain together. The lofty Tops of public and private Buildings, Bede, l. 1. c. 15. the Stones of lofty Towers and Holy Altars, with the Carcases of the Priests serving at them, were confusedly hurled together in one mixed Ruin, and consumed with Flames. Some afterwards of the miserable Remains of the Britain's, were taken in the Mountains, and butchered in heaps, others constrained by Famine, yielded themselves eternal Slaves to their Enemies, others passed beyond the Sea, while others in continual fear, committed the safety of their lives to Rocks, and Precipices near the Sea, high Mountains, and thick Woods, enjoying yet their Country, though with aching and trembling hearts. After this vast Destruction and Ruin, Gildas, c. 25, 26 these Cruel Spoilers returned home, and what were left of the miserable Britain's, peeped out of their lurking places, and taking courage, and Embodying together, put themselves under the Conduct of (f) 'Tis most probable he was a Roman, for Gildas calls him Ambrose Aurelianus, P. 59 c. 25. and says his Parents were adorned with Purple, which was an honourable Garment and Badge amongst the Romans. Ambrose Aurelius, The Britain's under the conduct of Ambrose Aurelius, beat the Saxons. Gild. Ibid. Bannesdown Battle, A. D. 489. (who was the only man of note of the Romans that was in Britain, and weathered out this storm) provoked their Enemies to Battle, and obtain a signal Victory; after this time the Event of War was doubtful, sometimes the Britain's, sometimes the Saxons winning the Field, until the year of the Siege of bath, (forty years after the Saxons arrival) (g) A large Hill or Mountain so called, Camb. Brit. 170. not far from bath in Somerset-shire, where yet remain the footsteps of some Military works. when on Bannesdown the Britain's overcame them with a mighty slaughter. Vortigern. A. D. 445. The old Saxon Annals relate things otherwise, and that Hengist and Horsa fought against Vortigern at (h) Aylesford in Kent near Maidston, whence the Lath of Aylesford hath its Denomination. Aylesford, where Horsa was slain, Chron. Sax. An. Dom. 455. and Hengist with his Son Eso took upon them the Government of Kent. That they two fought with the Britain's at (i) Now Crayford upon the River Craye in the Lath of Sutton in Kent. Creganford, where they killed four of their Chieftains or Princes, and from thence the Britain's leaving Kent, Four Battles between the Saxons and Britain's. A. D. 457. fled to London in great fear; eight years after they again fought the Britain's nigh Wyppedsfleot, where there were twelve (k) The Saxon words here translated by Comites and Barones, and sometimes by Principes, are Ealdormen and Thegn, signifying properly Elders and Ministers, or Servants; they are sometimes in Latin translated by Dux and Consul, these words being equivalent, and signifying the same thing in Monks and old Authors. Selden's Title of Honour, 502. Earls of the Britain's slain, and the Saxon Earl or Thane Wypped, who probably might give name to the place. The last or fourth Battle was at a place not mentioned, where the Britain's received such a Defeat, Twelve chief Britain's, &c. Wypped the Saxon slain. A. D. 473. Matt. Westm. A.D. 454, 455, 456. Monmouth. fol. 48. b. The Saxons forced into Tanet. Driven to their Ships, and out of Britain. Hengist returns A. D. 460. After Vortimer 's death. that flying in great Consternation, they left an infinite spoil to their Enemies. Matt. of Westminster Dilates upon Galfrid of Monmouth, and reports this matter, yet after another manner; that the Britain's offended with Vortigern for marrying a Pagan Wife, and his compliance with the Saxons, deposed him and set up Vortimer or Guortimer his Son, who in four Battles overcame the Saxons, drove them into the Isle of Tanet, and from thence into their Ships, who leaving their Wives and Children, fled into Germany; from whence Hengist having heard of the death of Vortimer, returned again with 300000 as Monmouth, but with 3000 only as Westminster, when sending Messengers to Vortigern (who after the death of his Son Vortimer, was restored to his Government) speciously pretending the cause of his return was, that he had thought Vortimer yet living, whom he desired above all things to vanquish and expel the Nation; that since he was dead, and Vortigern restored, he committed himself, and the People he had brought with him, to his disposal; that as many as he would, should stay in his Kingdom, and the rest presently be sent back into Germany, Propounds a Treaty with Vortigern. offering also a personal Treaty by a select number on both sides, for the determining and concluding all things according to the Will of Vortigern, to be managed by the Chiefs of both Nations; A. D. 461. who being mightily pleased with the pretence, appointed for the time May-day, and for the place some where near (l) As some report at Stone●enge near Amesbury in Wiltshire, or Ambrosebury so called in memory of Ambrose Aurelius, where there was a Monastery of three hundred Monks, as some would have it, before Queen Alfrith built there a Nunnery. the Monastery of Ambry, when and where both Parties by agreement were to meet without Weapons. But Hengist had so contrived it, that his Saxons had under their Coats, long Knives or Falchion's, which upon the (*) This Tale seems to have been taken out of Wittichindus, and applied to the Britain's, De gestis Saxon, lib. 1. c. 1. where are the same things spoken verbatim of the Saxons and Thuringians. Watchword given (that was Neme Eour Saxes) they drew out and killed every man, Three or four hundred of the British Nobility killed by Treachery. the next Britain, (m) the Latin words in Monmouth are Barones and consuls. There is nothing of this Story in the Saxon Annals. to the number of four hundred and sixty Barons and Earls or there abouts, and took Vortigern Prisoner, who to redeem himself, gave them as much of his Country as they desired, and retired into Wales. Malmsbury says, that Hengist invited his Son in Law, Vortigern, A. D. 461. with three hundred of his principal Britain's, to a Feast, and when he had well animated them with Liquor, De gestis Reg. l. 1. c. 1. he industriously provoked them with smart Reflections, which first begat Tumult and Wrangling, and afterwards Blows and Fight, where the Britain's perished to a man, and the King being only saved alive, redeemed his Captivity by the Gift of three Provinces. The impious Cruelty of the Saxons against the Christian Britain's. A sad Ruin and Desolation now came upon the Britain's, from these barbarous Enemies to Christianity, their Churches were every where leveled with the Ground, their Priests killed at the Altars, the Scriptures burnt, Religious men fled into Caves, Mountains and Deserts to preserve themselves. These different and almost contrary Relations are left to every man's Judgement, either to believe or reject them, the sum of all is only certain, that the Saxons after their first arrival under Hengist and Horsa, came into this Island at several times, and under divers Commanders in great Numbers, until one way or other by fraud or force, they made themselves Masters of all that part of Britain, (except Wales) which was divided into seven Kingdoms or Governments. The first whereof was the Kingdom of Kent, The first Kingdom of the Saxons. Kent. A. D. 457. Before the first Tome of Spelman's Counsels. and contained only that County, and had these following Kings. Doubtful, or Foreign Kings of Kent. Pagans 1 Hengist 31 2 Esk 24 3 Otta or Octa 20 4 Immeric 29 Christians 5 Ethelbert 56 6 Eadbald 24 7 Ercombert 24 8 Edgbert 09 9 Lothar 12 10 Edric 07 Christians 11 Withered 33 12 Edbert 23 13 Edilbert 11 14 Alric 34 15 Edilbert 03 16 Cuthred 08 17 Baldred 18 This Kingdom began Anno Domini 457. and ended Anno Domini 823. and continued 366. years. The Second was the Kingdom of the South Saxons, The second of the South- Saxons. A. D. 491. and contained Sussex and Surrey, or at least, part of it; this was mostly under the Power of the Kings of Kent, and the Westsaxons, and therefore the names of but few Kings are taken notice of in Story, which were these Pagans 1 Aella 32 2 Cissa 75 Christians 3 Ediltwach alias 25 Ethelwolf 25 4 Berthum 5 Authum It began Anno Domini 491. and ended about the year 600. and continued about 109 years. Vortigern, A. D. 519. The Third was the Kingdom of the Westsaxons, and contained Cornwall (where notwithstanding were part of the Remains of the Britain's) Devonshire, The Third of the Westsaxons, A.D. 519. Dorsetshire, Somersetshire, Wiltshire, Hamshire and Berkshire, and had these Kings, Pagans 1 Cerdic 16 2 Kenric 26 3 Ceaulin 31 4 Celric 06 5 Ceolwulf 14 Christians 6 Cinegils and Quincelm 31 7 Kenewalc and Sexburge 32 8 Esciwin 02 Christians 9 Kentwin 09 10 Cedwalla 02 11 Ina but fifteen only according to Lambards' Leges Inae 38 12 Aethelhard 14 13 Cuthred 14 14 Sigebert 01 15 Kinewulf 29 16 Brithric 16 17 Edgbert 37 It began Anno Domini 519. and ended 1066. at the coming of the Normans, and continued 547. years. The Fourth of East-Saxons, A. D. 527. The Fourth was the Kingdom of the East-Saxons, which contained Essex, Middlesex, and part of Hartfordshire: The Dates of the King's Reigns are not added, because there is nothing certain of them. Pagans 1 Erkenwin 2 Sledda Christians 3 Sebert 4 Sexred Brothers. 4 Seward Brothers. 4 Sigebert Brothers. 5 Sigebert the little. 6 Sigebert the good. 7 Swithelm 8 Sigher & Seba 9 Sigheard & Senfred 10 Ossa 11 Selred 12 Swithred It began Anno Domini 527. and ended 747. and continued 220. years. The Fifth was the Kingdom of Northumberland, A. D. 547. which contained Lancashire, Yorkshire, the Bishopric of Dresm, Cumberland, Westmoreland, Northumberland, and part of Scotland, as far as Edinburgh, The Fifth of Northumberland, A. D. 547. Frith; and had these Kings. Pagans 1 Ida 12 2 Aella 30 3 Edelric 04 4 Edelfrid 24 Christians 5 Edwin 17 6 Oswald 09 7 Oswy 28 8 Egfrid 15 9 Alfrid 19 10 Osred 11 Christians 11 Kenred 02 12 Osric 11 13 Ceolwulf 08 14 Edgbert alias Eadbert 20 15 Osulf 01 16 Ethelwald al. Mollo 06 17 Alured 09 18 Ethelred al. Ethelbert 04 19 Alfwold 11 20 Osred, than Ethelbert again. It began Anno Domini 547. ended about 792. and continued about 245 years; after Ethelred was slain, there was an Interregnum of 33 years, when Egbert King of the Westsaxons 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 murdered 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 & Os●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 Southside 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 Britain's 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 Murders, Three Welsh Princes excommunicated by Oudoceus Bishop of Landaf, before Augustine's coming. three petty Welsh 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 'tis 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 Dioceses 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 'tis most probable, Gregory was first solicited 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 Practices; 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 join 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 Baptise: here despising the World, they began to imitate the Apostolic 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 baptised. 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 Christ ought to be voluntary, Ethelbert King of Kent. A D. 597. The Heptarchy and not compelled. After this Augustin passed into France, and by the Archbishop of Arles was ordained Archbishop of England, at the command of Gregory, and returning into Britain, he forthwith sent to Rome Laurence a Priest, and Peter a Monk, Ibid c. 27. to give Gregory an account of the Faith of the English-Saxons, and his being a Bishop, with Instructions that they should bring back from Gregory certain Solutions of Questions sent by them, some whereof were these. Ibidem. First, How a Bishop should converse with his Clergy, and what shares (m) Churches n●t endowed, nor Tithes paid. Primer. 69. A Pall what. There were then no Tithes paid, nor Churches endowed, but the Clergy lived upon the Oblations and Contribution of the People, which doubtless was very great, as is evident by this Question and Answer. of the Oblations of the People should be divided amongst the Priests, Questions sent to Gregory by Augustin. etc. To this he answered that it was the received Custom in the Church, and of the Apostolic See, to divide the Oblations into four shares or portions, one to the Bishop and his Family for Hospitality, another to the Clergy, a third to the Poor, and a fourth for the Repairs of Churches, but since he and his Fraternity lived under a Monastic Rule, they ought to call nothing their own, but all things were to be common. The Second was, whether those Clerks that could not contain, might marry, if so, whether they should return to the World, or leave their employment. The answer was, that such Clerks (which were the lesser Clerks, as Choristers, Sacrist, Acolyte, etc.) that were not in Orders, might marry if they could not contain; but yet they were to live under an Ecclesiastic Rule, etc. The Third was, when as there is but one Faith, why were there several Customs in divers Churches, and why there was one Custom of celebrating Mass in the Roman, and another in the Gallican Church. To this he answered and advised, that out of every Church he should choose whatsoever things were Pious, Religious, or True, and instill them into the minds of the English, the other are frivolous and impertinent Questions not worth any man's notice. A. D. 601. Some years after, by reason of the great number of Converts gained every day, Mellitus, Justus, etc. sent into England. he sent as assistants to him Mellitus, Justus, Paulinus, Rusinianus, and with them a (n) A Pontifical Vesture, or as Archbishop Usher, the Badge of a Metropolitan made of Lamb's Wool, in breadth not exceeding three fingers, and having two Labels hanging down before and behind, ●t is sent from the Pope to Archbishops and Metropolitans, and they wear it at the Altar when they celebrate Mass, about their necks, A Mark of Obedience and Subjection. Bede lib. 2. c. 17, 18. above their other Ornaments; it was sent by the Popes as a Note or Mark of Subjection and Obedience of those that received it, to the Se● of Rome, as appears by Pope Honorius his Epistles to Edwin King of Northumberland, and Honorius Archbishop of Canterbury; it was called a Superhumeral, and was made partly, or appeared to be most part of Wool, that it might signify the lost Sheep placed upon the shoulders. Pall, Vestments for the Altar, Sacerdotal Vestments, Books, Utensils, Ethelbert Eadbald. A. D. 602. The Heptarchy. etc. and power to ordain twelve Suffragan Bishops under him, and an Archbishop of York whom he pleased, when that City and the Country adjoining should receive Christianity, so that he should also be a Metropolite, and have twelve Bishops under him, to whom he would likewise send a Pall, but so as he should be under the direction of Augustin. By the assistance of Ethelbert, in the Confines of the Westsaxons, Bede l 2. c. 2. Augustin procures a Conference with the British Bishops, etc. and cannot persuade them to Unity. Augustin obtained a Conference with the British or Welsh Bishops, and by brotherly admonition, persuaded them to a common use of some Rites in the Roman Church, and endeavoured to persuade them to preach to the Pagan Saxons, but neither by Prayers, Persuasion, or Chiding, could he prevail with them, and for that time left them; afterward induced by a Miracle, (as my Author saith) that was, a blind man cured by the Prayers of Augustin, when as he found no relief from the Prayers of the British Priests, He procures a second Conference. they consented to a second Meeting and Conference, where were seven British Bishops, and many learned men, especially out of the Monastery (called in the English Tongue) Bancornaburge, Ibidem. Dinooth Abbot of Bangor. whereof Dinooth was at that time Abbot; but by the way as they came to this meeting or Synod, they asked the advice of a Holy and Prudent man, that was an (o) A Recluse, one that sequestered himself from the World, and lived severely in a constant recess, from 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, recedo, secedo. Anachoret, whether they should follow the preaching of Augustin, and forsake their one Traditions, he directed they should embrace or reject what he propounded, according as they found him humble or haughty, and giving them some Marks and Observations upon his behaviour towards them, by which they might distinguish whether he were a meek or proud Person; they proceeded to the place of meeting, where they found him sitting in a Chair, Ibidem. and not rising to them at their approach, they presently apprehend him to be a proud Person, and in passion contradict whatsoever he said; The British Bishops and Priests contradict Augustin, and refuse compliance. and although he desired their obedience and compliance in three things only, That is, in the time of the Observation of Easter, in the manner of Baptism, according to the Custom of the Roman Church, and that they would assist them in preaching the word of God to the English-Saxons, affirming he would forbear them in other things, though contrary to the Usages and Customs by him practised; yet they utterly refuse to do any of these things, or to accept him for their Archbishop; They will not accept him for their Archbishop. saying one to another, that if now he will not rise to us, how much more would he slight and contemn us if we were under his Power, and subject to him. He ordained Mellitus a Bishop, A. D. 604. Ibidem c. 3. and directed him to preach in the Province of the East-Saxons, where Sebert reigned though Subject to Ethelbert, whose Nephew he was by his Sister Ricula, and so soon as they received the word of Truth by the preaching of Mellitus, Ethelbert founded the Church of St. Paul's in London, St. Paul's built and made a Cathedral. Rochester made a Bishopric. and made it the Episcopal Seat for him and his Successors; he also at the same time ordained Justus Bishop of Rochester in Kent. Ethelbert Eadbald. A. D. 608. The Heptarchy. About this time died Augustin, or as Matth. Florilegus in the year 608. or Nicholas Trevet in the year 611. to whom succeeded Laurentius a Roman, ordained by Augustin himself while alive, that he might take care of the weak State of his Church scarcely yet established; Spelm. con. f●l. A 1. Ibid. c. 4. Augustin dies. A. D. 6●1. Laurentius Archbishop▪ Bede lib. 2. c. 5. fol. 120. and that it might not one hour want a Pastor, he brought the Scots and Britain's to some Conformity with him, especially in the Observation of Easter. Ethelbert gave his People Laws and Statutes, by the advice of his wise men, according to the example of the Romans, written in the Saxon Tongue, and observed in Bede's time, wherein his great care was, to punish such as had stolen any thing from Church or Churchmen, thereby showing how gratefully he received from them the Christian Faith. Ethelbert and Sebert dead, their Sons revert to Paganism. A. D. 613. or 616. Ibid. c. 5. Mellitus and Justus go into France. Eadbald converted by Laurentius. The Londoners refuse Mellitus Ibid. c. 6. He and Sebert being dead, Eadbald the Son of Ethelbert, and the three Sons of Sebert, relapse into Paganism, from whom, and their People, after they had received many Affronts, and being without hope of their reduction to Christianity, M●llitus and Justus departed into France, but Eadbald being converted by Laurentius, calls them back to preach. Rochester easily received Justus, but the Londoners rejected and refused their Bishop Mellitus, rather submitting to their Pagan Priests, and delighting in their old Heathenish Vanities; after the death of Laurence, first Mellitus and then Justus were Archbishops of Canterbury successively. Edwin King of Northumberland. Bede lib. 2. c. 9 Edwi● demands Edelburge for Wife. Edwin King of Northumberland sent to Eadbald King of Kent, to desire his favour that he might take his Sister Edelburge to Wife, he answered that a Christian Virgin ought not to marry a Pagan: Edwin receiving this answer, promised he would do nothing contrary to the Christian Faith which Edelburge professed, and that he would permit to her, and all that came with her, whether Men or Women, the liberty of their Religion, and that he should not refuse it himself, if upon Examination of it, and Consultation had with his wise men, it should be found more Holy and Worthy than his present Worship. Paulinus is ordained Bishop, and sent with her. An. Dom. 625. Upon these Terms the Virgin was sent to him, and with her Paulinus (who was ordained Bishop by Justus, about the twelfth of the Calends of August 625.) that he might preserve her, and the whole Company with her, sound in the Christian Religion, and from being polluted with Pagan Vanities. His further design was also, to bring off the whole Province whether he went, to the Christian Religion; he laboured, but in vain, amongst the People, while their King remained Pagan, whom upon every occasion, he persuaded and alured to embrace the Christian Faith; yet he would not do it without mature deliberation, Ibid. c. 13. and the advice of his principal Friends and Counsellors, and having been first well instructed in Christianity by Paulinus, he consulted his great men, and propounded the Reasons to them, The Northumbrians converted. that happily might move them to the Christian Religion; they all complied with him, and first of all Coifi his chief Priest, who also first of all offered to destroy the Altars and Temples of their Gods, Edwin and his Nobility baptised by Paulinus. which he presently effected; and than Edwin, with all the Nobility of his Nation, and many of the common people, in the eleventh year of his Reign, were baptised; The Heptarchy. A. D. 628. after this vast numbers of the vulgar flocked in every day to be instructed in Christian Religion, and to be baptised, Ibid. c. 14. the next Rivers serving instead of Fonts, which at that time they had not, nor were there then, very few, if any Churches built, unless one small one at York, which Edwin caused to be built of Wood, for the Solemnity of his own Baptism, where he fixed Paulinus his Episcopal Seat; after the Conversion of his own Nation, Edwin moved with much Devotion toward the Truth, endeavoured to persuade Eorpwald King of the East-Angles, Eorpwald King of the East-Angles receives Christianity. A. D. 632. Ibid c. 1●. A. D. 633. with his Province, to receive the Faith and Sacraments of Christ, whose Father Redwald had received them in Kent; but returning home, overruled by his Wife, to make sure of the right way, he erected in the same Temple, one Altar to Christ, and another to the Heathen Gods. Eorpwald being slain also not long after he became a Christian, his Province remained three years in their Errors, until his Brother Sigebert took upon him the Government of this Kingdom, who while his Brother lived, remained an Exile in France, Sigebert King of the East-Angles. A. D. 635. Ibidem. where he received the Faith of Christ, and at the very entrance upon the Government, took that care that his whole Province might receive it also: Faelix a Burgundian Bishop contributed very much to this work, They are converted by Faelix. and was almost the sole Author of the Conversion of this People; he applied himself to Honorius Archbishop of Canterbury, and acquainting him with his Design, received his Mission from him, and with unwearied labour reconciled the whole Province to the Christian Profession, and placed his Episcopal Seat at the City (p) 'Tis most probable it was Dunwich upon the Coast of Suffolk. Domoc. Honorius the Pope sent to Paulinus and Honorius then Archbishop of Canterbury, each of them a Pall, and Decretal Letters; Ibid. c. 18. The Archbishop of York and Canterbury have power to consecrate one another. A. D. 634. Bede l. 3. c. 1. etc. 3. Aidan sent for by Oswald. An. Dom. 637. wherein he gave Power, that if either the Archbishop of Canterbury or York should die, the Survivor might ordain and consecrate another in his place, without further trouble, or a tedious Journey to Rome. After the death of Edwin, the Northumbrians fell from Christianity, and were reconciled again in the Reign of King Oswald, by Aidan, who at his request was sent out of Scotland; he was a Bishop, and had his Seat in Holy Island or Lindisfarn. About this time Byrinus sent by Pope Honorius, The Westsaxons converted. A. D. 637. Bede l. 3. c. 7. came to convert the yet Pagan parts of Britain, and landing amongst the Gevisses, or Westsaxons, he prevailed with their King Cynigils to be baptised, to whom Oswald King of Northumberland was Godfather, and afterwards his Father in Law by Marriage of his Daughter; after his Conversion of the Westsaxons (q) Cynigils as King of the Nation, and Oswald as the most Potent, who then had the Title of King of England. both Kings gave him Dorchester in Oxfordshire for his Bishops Seat. But King Cenwalch divided his Nation into two Parishes or parochs, and erected another Bishopric at Winchester, where he placed Wine as Bishop. The Heptarchy. A. D. 6●6. Peada Prince of Mercia or Middle England (his Father Penda yet living and remaining Pagan) for the love he had for Alfrede the Christian Daughter of Oswi King of Northumberland whom he married, The Me●cians converted. Bede l. 3. c. 21. A. D. 656. became a Christian himself, and propagated Christianity in his Dominions by the means and assistance of Finian a Bishop, and of Cedda, Adda, Bett●, and Diuma Partners. The Controversy about Easter. Ibid. c. 25, 26. A. D. ●64. The Question about the Observation of Easter, and some other small Ecclesiastical Controversies, much disturbed the Quiet of the Church and People at this time, so as those of one party, would scarce eat, drink, or communicate with the other, the Scots followed the Quatodeciman way, according to the Asian Tradition, the English the Roman manner of observing Easter, and some other small things, Managed by Coleman and Wilfrid. O●wy joins with Wilfrid. the Controversy was managed by Coleman a Scotchman, Bishop of Holy-Island, and Wilfrid an Englishman, and Abbot at a meeting of divers of both Judgements, at the Monastery of Streneshalch (now Whitby in Yorkshire,) where in the opinion of King Oswy of Northumberland, Wilfrid prevailed, whom he made Bishop of York. Ibid. l. 4. c. 1. Deusdedit Archbishop of Canterbury being dead, Ercombert King of Kent, and Oswy King of the Northumbrians sent Wighard to Rome, desiring he might be ordained Bishop of the English Church, who dying at Rome, Pope Vitalian ordained Theodore a Monk, then at Rome, Theodore Archbishop of Canterbury. A. D. 668. Ibid. c. 2. a Grecian born, and (very learned man in those time's Archbishop of Canterbury) he founded a Library and School there, had the Greek and Latin Tongues taught, with other Arts and Sciences, he brought this Church to the Roman Order and Discipline in all things, and 'tis thought he was the first that had the Title of Archbishop, though others before him are so called; in his fifth year he called a Council at Hartford, A Council called by him at Hartford. A. D. SIXPENCES. in noting the Acts whereof he styles himself only Bishop of Canterbury, and the other Bishops his Fellow-partners and Brethren, in which it was decreed that such things as had been canonically decreed by the transmarine Fathers, should be kept and observed here, he then produced the Book of Canons, and out of them chose ten heads of such matters as he thought most necessary to be received here, they are of small moment, and who will, may see them in Spelman's Councils, he ejected Wilfrid out of his Bishopric of York, Fol. 153. A. D. 680. Bede l. 4. c. 17. but he was restored again by a Council held by Pope * See more of this at the latter end of the first part of this History. Agatho at Rome. This year at the command of Ecfrid King of Northumberland, Edilred King of Mercia, Another Council called at Hatfield by the command of four Kings. Sp●lm. council. fol. 169. Aldwulf King of East-Angles, and Lothar King of Kent, he called a Council at Hatfield; in which were received the Canons of five Councils, viz. Nice, Constantinople, Ephesus, Chalcedon, and the fifth at Constantinople held against Theodore and Theodoret, and those Constitutions made at Rome by the Synod held under Pope Martin, Ibid. fol. 172. Anno Domini 648. which Agatho this year sent into England. Bede l. 4. c. 18. This year likewise John chief Chantor of St. Peter at Rome, brought over hither the yearly order and course of sing and readings, as it was practised there. Wilfrid was not idle, although thrust out of his Bishopric, The Heptarchy. A. D 692. for then by his preaching he converted the Southsaxons, whose King Aedilwalch had been before baptised in Mercia. Ibid l. ●. c. 13. The Southsaxons converted. Isle of Wight converted. Bede l. 4. c. 2. Theodo●e erects Bishoprics in several places. Dr. Marshams' Preface to the first Volumn of the Monasticon After the same manner, and by the same Wilfrid, was the Isle of Wight converted, and by others the other parts of Britain subject to the Saxons or English: Theodore was the first Archbishop to whom the whole English Church submitted, who travelling about all the Island in the Saxons Possession, appointed and consecrated Bishops, and erected Bishoprics in fit places, and distinguished them into parochs or * Not into such limits as now make parochs or Parishes, but Bishoprics, Parish and Bishopric all one in elder times. Bede l. 3. c. 7. Fol. 188. Southsaxons and Kent ruled by West-Saxon Laws. which were commonly called Parishes in Elder times; so King Cenwalch is said to have divided his Province into two Parishes, when he made a new Bishopric at Winchester, that was taken out of the Diocese of Dorchester. Parishes. (r.) Lambard says Ina began to reign in the year 712. and quitted his Government in the year 727. but I rather follow Spelman in his Councils, who thinks his Laws might be published about the year as in the Margin here is noted, to the Laws of the Westsaxons were subject the Southsaxons, and the People of Kent. Ina King of the Westsaxons about this time published his Laws, which were made by the persuasion of his Father Cenred, his Bishops Hedda and (s) 'Tis probable Ina at that time might be the most powerful of all the Saxon Kings, and have the Title of King of England, and so Erkenwald, who was Bishop of London, might be called his Bishop, or London then be under his Power. Erkenwald, and of his Earls or Elders and wise men, Ina his Laws. A. D. 692. among which were many that were merely Ecclesiastic, as the first, That the Ministers of God observe their appointed form of living; Lamb. Ll. Inae. Laws merely Ecclesiastic made by King Ina. the second about Baptism, the third about working on the Lord's-day, the fourth about first Fruits paid to the Church▪ etc. Not long after there was (t) It was called a great Council perhaps from the number of all sorts of People that were there, not from the number of Divines or Religious which subscribed, they being but fifteen Persons, Archbishop of Canterbury called Archbishop of Britain at England. and five of them Women. a great Council held at Becanceld a place in Kent, Withered the King thereof presiding in it, A. D. 694. Becanceld Council where King Withered presided. Spelm. Conc. fol. 191. where were also congregated Bertwald Archbishop of (u) The Archbishop of Canterbury in these ancient times, is sometimes called Archbishop of Britain, sometimes of England. Britain, Toby Bishop of Rochester, and all the Abbats, Abbesses, Priests, Deacons, (x) The Latin words Dux, Comes, Princeps & Consul, in elder ages are used promiscuously, and signify any kind of Nobility. Dukes and Noblemen of that Kingdom, the only things here treated and concluded on, were in favour of the Church and Monasteries, viz. That the Kings or other Potentates should not constitute or appoint any Heads or Governors of Monasteries, and that they and the Church, should be free from all Burdens, Impositions, and Secular, Servitude. Acts of Council subscribed by Women. Ibid. fol. 192. The Acts of the Council were subscribed by five Abbesses. Naitan King of Picts, being persuaded by the Epistle of Ceolfrid, Bede l. 5. c. 22. Naitan King of Picts receives into his Dominions Canonic Easter and Roman Tonsure. A. D. 714. Abbot of the Monastery of St. Peter and Paul at (y) Now Monk-Weremouth, at the mouth of the River, were in the Bishopric of Durham. Weremo●th (to whom he sent, for Information in this case) made a Law for the Observation of Catholic Easter, and Roman Tonsure, or the manner of Picts and Monks shaving their heads and crowns as it was used at Rome. The Heptarchy. A. D. 7●5. About this time Ina King of the Westsaxons being at Rome, gave the famous Alms called (z) Otherwise called Romescot, Romefee, Heorth-penny. Peterpences toward the maintaining of a Saxon-School, Peter- penny given by Ina. Spel. Conc. fol. 230. & passim. which was a Penny of every House or Family yearly to be paid at the Feast of St. Peter ad vincula, or the first of August. Under Ethelbald King of the (a) He was then also styled King of England in Boniface Bishop of Ments his Epistle to him. Lamb. peram. Kent ●88. Cloveshoo where. Mercians, there was a great Council held at (b) In Saxon Cliofeshoo, or Cliff at Hoo near Rochester, or Cliff at Hoo, that is Cliff in the bailiwick or Hundred of Hoo in Kent, if then perhaps there were such Divisions in this County. Cloveshoe, he presiding, Cuthbert Archbishop of Canterbury, A. D. 742. and the other Bishops being his Assessors, wherein the Privileges granted to the Church and Monasteries by Withered, in the Convention at Becfield are confirmed, Cloveshoe Council where King Ethelbald presided. Ibidem. Ethelbald 's Lust and Luxury. A. D. 745. The Saxons wickedness. Boniface Archbishop of Ments reproves Ethelbald. Spel. Conc. fol. 232, 256. and nothing else done. This Ethelbald contemning Marriage, yet gave himself all the freedom and enjoyment of unlawful Lust; making no difference between Places and Persons, Cloisters and Nuns, Palaces and other Women were alike to him, and by his great Example the Nobility and People were infected with an universal Viciousness and Luxury; which Boniface the Pope's Legate then in Germany hearing of, notwithstanding Ethelbald's good Works and Alms, he sharply reproves him by an Epistle, which had such a good Effect upon him, that he repent of his former Life, and endeavoured to make satisfaction by many charitable Works, and several large Immunities which he granted to the Church and Monasteries. The second Council of Cloveshoe. Cuthbert Archbishop presides. There was a second famous Council held at the same Cloveshoe, at the instance of Pope Zachary, who by his Epistles severely admonisheth the Saxons of all sorts, Kings, Nobility, Clergy, Religious and Laity, that they leave off their wickedness; here Cuthbert Archbishop of Canterbury presided, King Ethelbald, his (c) The Latin words are Deuces and Principes. Dukes and Princes being present, the chief Canons worth notice were, That Bishops should prosecute their Pastoral Charge, A. D. 747. Ibid. a fol. 242. add fol. 256. and not Secular Affairs; That once in a year they should visit, and go through their several (d) The Latin is Parochias only. parochs or Dioceses, and take account of the Regularity, labour, and sufficiency of their Clergy: That the Picts who understood not the Creed, the Lord's-Prayer, The Lord's-Prayer and Creed to be taught in the Vulgar Tongue. the words of the Mass, and of Baptism, should learn to understand and teach them in their own Tongue, especially the Creed and Lord's-Prayer, that they ought not to intermeddle in worldly Employments, and in their singing of Psalms and Hymns, those that understood not Latin, might say them in the Saxon Tongue. The rest for the most part are Provisions against the Inordinacy, The Drunkenness, Incontinency, etc. of ecclesiastics. extravagant Garbs and Vestures, Drunkenness, Incontinency, Luxury, Irregular living as well of the Secular Clergy, Monks and Nuns, as of the Laics. Murder and Adultery punished only with Pennances. Ib. fol. 282, etc. The reigning Vices in these times (as appears by Egbert Archbishop of York his Canons for remedy of sin) Fornication, Adultery, Murder, Drunkenness, Perjury, etc. were only punished with longer or shorter Pennances, of so many Days, Weeks, Months or Years, but what these Pennances were, it is not declared. Charlemaign King of France sent a Synodal Book of the Second Council of Nice, to Offa King of Mercia, The Heptarchy. A D. 792. which was imposed here upon the English Saxons, Simon. Dunel. Fol. 111. Image worship first used in England. and contained many things contrary to the true Faith, especially the enjoining Adoration of Images, which the Church of God execrated; against this one Albinus or Alcuinus wrote an Epistle, and presented that with the Book, in the name and person of the Bishops and chief men of the English, to the King of France. King Offa of the Mercians to expiate the treacherous and base Murder of Ethelbert King of the East-Angles, Offa murders Ethelbert King of East-angles. Brompton 754 A. D. 793. He gives Rome penny or Peter's penny. Spel. conc. fol. 311. who came to him with all respect, to desire his Daughter in Marriage, built the Cathedral at Hereford, and dedicated it to him, and founded also the Monastery of St. Alban, and going to Rome in Pennance, gave to St. Peter, and the than Pope, Romepenny, or Peter's- penny, that was a Penny of every Family in his Kingdom, Spelman out of the Life of Offa, says these (e) Spelman out of the Book of the Life of Offa, affirms they were called Peterpences, Conc. fol. 311.313. Peterpences why so called. because they were paid exactly on the day of the Feast of St. Peter ad vincula, as common Rents are called Michaelmas, and our Lady-day Rents, because due or payable upon those days. Peterpences were given to the English School at Rome, for the Sustentation of English Scholars there; he rather confirmed Ina's Gift before mentioned. Sim. Dunelmensis says this year the Danes invaded England, and that they landed in the North, but Matt. of Westminster, De Hist. Eccl. Dunelm. col. 12. Danes first arrival. A. D. 793. Florileg. in that year. where ever he had it, tells another Story, that they came first hither as Spies in three Ships to discover the Country, somewhere about the West, and that landing by stealth, and entering the King's Town, they killed his chief Officer thereof, in the time of Brithric King of the Westsaxons 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 Pirates 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 'tis all I could find worth notice, amongst the many Volumes 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 authentic 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 Fast, 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 Fabrics, 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 Volume of Monasticon. thirty English Saxon Kings and Queens left the World, and entered into a Religious Solitude. Egb●rt Monarch. A. D. 854. etc. The Secular Story of the Saxons almost ever since their first entrance, I have hitherto omitted, consisting chief 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 guests, the Relations of them being so narrow and frivolous. Nor are the Battles 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 another's Dominions, amongst their petty Kings, and as frequent Rebellions of the great men against them, and ofttimes 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 Westsaxons. Saxon Ann. A. D. ●54. Egbert the famous King of the Westsaxons, made himself Monarch of the Saxon Heptarchy, and as some affirm of Great Britain, his Title to the Westsaxons 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 Westsaxons (being there an Exile) to undertake the Government. He conquers the Cornish and Welsh Britain's. His first Achievement was against the Britain's in Cornwall, and the (f) So called in respect of the Cornish Britain's, 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 Battle, 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, drove 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 Abbot 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 enjoyed Britain, Egbert Monarch. A. D. 832. yet he enjoyed 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 joined with the Cornish Britain's, 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 public Edict, for Bede inscribes his Book, the Ecclesiastic 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 Monarches 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 to have been a (g) By Matth. of West Brampton, and many others, but not mentioned by Asser, Malmsbury, or in the Saxon Annals, and therefore suspicious. Monk, and Bishop of Winchester, took upon him at the request and importunity of his Nobility, A. D. 836. the Government of the Kingdom of the Westsaxons, his Father giving to his Brother Athelstan the Kingdoms of Kent, Essex, Surrey and Sussex, Saxon Annals A. D. 836. or of the Southsaxons, which afterwards by the Death or Session of Ethelstan, came under the Power of Ethelwolph, Malms. l. 2. c. 2. who being of a quiet and still temper, the Danes made their advantage of him, with whose Invasions the most part of his Reign, he was mightily afflicted; and with whom in one place or other, there were Battles or Skirmishes almost every (h) Barely mentioned and briefly touched in the Succession of several years, in the Saxons Annals, and in Asser, whom the rest follow, enlarging upon them according to their Fancies; Saxon Annals and Asser in these years and so forward. The Danes harass Lindsey, East-angles, Kent, London, Canterbury, and Rochester. as that Duke Wulfheard fought against three and thirty of their Ships at Hampton, A. D. 887. and the same year Consul Ethelhelm fought the Danes with the Dorsetshire men at Port, where at first Ethelhelm, but at last the Danes prevailed; the next year Earl Herebert was killed in Battle of the Pagans, and many others at Mereswar, and the same year the Countries of Lindsey, East-angles, Kent, etc. were harassed and destroyed, and many slain by them, and the next year they made great slaughters at Canterbury, London, and Rochester, and so forward nothing but insignificant Relations. year, sometimes the Saxons, sometimes the Danes prevailing, Ethelwolph Monarch. A. D. 836. who by their often Invasions in every part of the Kingdom, rather seemed to pray upon and waste, than conquer and possess England: if at any time they were repelled, and very much beaten by the English, Danes often beaten, yet it availed not the English. Their often fresh Supplies. it availed nothing, there coming presently greater Fleets with fresh Supplies, and while the Saxons or English marched to oppose them in the East, they shipped themselves and invaded the West, or some other Quarter, so that the People despaired of any means of Safety. The King, Nobility, and Clergy, over-set as it were, and strangely afflicted with the Depredations of these Pagans, Ingulph. Historia. Fol. 491. a. judging these Evils and Miseries to be the Consequences of their Sins, bethought themselves of a wholesome and uniform Remedy (as they affirmed it) and a Security against their Enemies, which was an (i) The General Meetings of the Bishops, great or wise Men, as they were frequently named, Great Councils or Parliaments. Tenth Mansion, Hid or Family, what it signifies. or of the States or Baronage, were called Witenage gemotes, Mycel, Synods, great Counsels, and afterwards Paliaments. Act of the great Council or Parliament in those days, however it be commonly called the Grant of King Ethelwolph, of the tithe of the Profits of all (k) Tithes might be paid by some Persons, and in some places before this Grant, but this was the first public Act that imposed a necessity of paying them. In Ingulph the Latin words are decimam Mansionem, that is, Hidam seu familiam, the Tenth Hide or Family; which perhaps mandelate to the Poor Parson which was to be maintained upon every Tenth Mansion as above noted; or perhaps if the Tenth Mansion were given▪ it might be the first Foundation of the Rectory and Glebe La●ds in every Parish: for besides 'tis said in Ingulph, that the Tenth of all Goods, were granted to the Church: In others the Latin words are decimam partem terrarum per regnum nostrum; the things granted, however expressed, were the Tithes of the Profits of all Lands, as Selden concludes, History of Tithes. fol. 206, etc. Ibid. fol. 207. for as he affirms, whether it be the Tenth Hide, the Tenth Mansion or Family, or the Tenth part of the Land, it is all one, they being words that signify the same things, and import no more than the Tenth part of the Profits growing in them. Lands, Ethelwolph grants the Tithes of all England to the Church. A. D. 855. Ibidem. Ingulph. histor. 491. a. This Grant subscribed by all the Kings and Nobility in England. Ibidem. Ordered to be published in every Church. free from all Burdens, Taxes, and Exactions (l) Free from Military Service, building and repairing of Bridges and Castles, called the Trimoda Necessitas, to which all Lands whatsoever were subject. whatsoever to the Church; this Grant, by the consent of that great Council, was signed by all the Archbishops, Bishops, and Secular States of all England, by Beorred King of Mercia, and Edmund King of the East-angles, then Subject and Tributary to Ethelwolph, who after it was subscribed, offered it upon the Altar of St. Peter the Apostle, in the Cathedral at Winchester, where the Council was held, and the Bishops caused it to be published in every Church of their several Dioceses or (m) The Latin words are, Per omnes Ecclesias in suis Parochiis. parochs. This done he went to Rome, leaving the Danes in Shepey Island, and carried with him his beloved Son Al●rid, and staying there a year, returning through France, he brought with him Judith Daughter of Charles King thereof, Asser. de gest. Al●r. fol. 2. whom he had married. Ethelbald conspires against his Father, Ib. In his absence, Ethelbald his eldest Son, Alstan Bishop of Sherborn, and Eanwulf Earl of Somersetshire conspired against him, and would have excluded him the Kingdom, who foreseeing the Dangers and Miseries of a Civil War, Ibid. fol. 3. Between Ethelbald and his Father, the Kingdom is divided. A. D. 858. out of his mere Clemency, and great Condescension, by the assent of his Nobles, divided the Kingdom between himself and his Son, he taking the East part, and leaving the West part, which was the best and greatest, to Ethelbald; two years after his return from Rome, he disposed the Kingdom to his two eldest Sons, and his Hereditary Estate to his other Sons and Daughters. Ethelwold, Ethelbald, Ethelbert. A. D. 858. For the advantage of his Soul, he ordered that in his Hereditary Lands, every Tenth Hide or Mansion, should maintain one Poor Parson with Meat, Drink, and Clothing; he commanded likewise there should be three hundred Marks carried to Rome every year, Ethelwold gives three hundred Marks to Rome. Ibid. fol. 4. and to be thus disposed of, one hundred Marks to buy Oil for the Lamps in the Church of St. Peter, as much to buy Oil for the Lamps in the Church of St. Paul, and the other hundred Marks to the Pope, in this year he died. To him Ethelbald and Ethelbert the two elder Brothers succeeded, Ethelbald and Ethelbert. Ibidem. A. D. 860. Winchester sacked. the former lived but two years after his Father, and there is nothing memorable of him, but his infamous Marriage with Judith his Father's Widow. After his death, Kent, Surrey, and Sussex, with the whole Kingdom, came under the Power of Ethelbert, in whose Reign the Danes sacked Winchester, The Danes beaten. Ibidem. who returning to their Ships with a mighty prey, were met by Osric Earl of Hamshire, and Ethelwolph Earl of Berkshire, and overthrown with great slaughter. Ethelbert, after he had reigned honourably five years, Ethelbert dies. Ibidem. and much loved of his Subjects, died; and was buried at Sherborn with his Brother. About this time the Danes wintered in Thanet, A. D. 864. the Kentish men making a firm League with them, buying their Peace with Money, but the Pagans repenting themselves, The Danes waist East-Kent. and judging their bargain disadvantageous, by a sudden Irruption in the night, wasted all the East part of Kent. Ethelred the third Son of Ethelwolph, Ethelred the third Son of Ethelwolph King. The Danes harass almost the whole Nation. followed his two elder Brothers in the Government, whose Reign was a continual conflict with the Danes, who under the Conduct of (n) These two Leaders are not mentioned in Asser, the Saxon Annals or Malmsbury to have had the conduct of the Danes at this time, nor at any other, unless it were some Parties of them, and therefore the Relations of the Moderns are here to be suspected. Hingnar and Hubba, as most affirm, arrived in great Numbers, and form a great Army in the Kingdom of the East-angles, where they wintered, striking a League with the Inhabitants, and Horsing themselves in those Parts, roved up and down, and almost wasted the whole Nation; Saxon Annals. A.D. 866. and so forward. Asser de gestis. Alfrid about the same years. they first marched to York, where they made their advantage upon the Civil Dissensions of the King and Nobility of Northumberland, and became Masters of that Country; from thence they march to Nottingham, from thence into Lindsey in Lincolnshire, from thence into Kesteven in the same County, and from thence into Holland another part of it, so into the Isle of Ely, from thence into the Province or Kingdom of the East-angles, and wintered at Thetford, near unto which place Edmund King of the East-angles, A. D. 870. Saxon Annals. Edmund King of the East-Angles slain, and his Country subdued assaying them with his whole Army, was put to flight; himself being slain, and his whole Country subdued, from hence the next year they marched to Cambridge, thence toward the Westsaxons, to Reading in Berkshire, to Warham in Dorsetshire, Basin in Hamshire, etc. Excester in Devonshire. Ethelred. A. D. 870. Their Marches and Progresses are variously described by divers Authors, as Asser, the Saxon Annals, Ingulph, Florentius, Wigornensis, Florilegy, etc. The opposition they met with, the Battles Fought, the Leaders, Commanders, and Places names also by them variously reported, and the Saxon Annals themselves, the Foundation and Basis of their Histories being very obscure, they have yet rendered the Truth more difficult and obscure, by their Additions and Inventions, so that what to believe or reject, will puzzle the most judicious Reader. De gestis regum. fol. 22. b. Saxon Annals. A. D. 871. Ashdown Fight. Oseg a Danish King, and five Earls slain. Monasteries destroyed. Malmsbury says this King fought nine Battles with the Danes in one year, with various Fortune, yet in most he was Victor; and that he killed them one King, nine Earls, and common People without number: That the last Battle was at Ashdown, where he and his Brother Alfrid put them to flight, slew their King Oseg, five Earls, and a great number of People; most certain it is, wheresoever they came, they laid all waist with Fire and Sword, demolished Cities, Towns, Castles, Churches and (o) As at this time the Monasteries of Croyland, or Crowland, medeshamsted, now Peterborough, Ely, and many others, the reason may be for that they were very Rich in Money, Jewels, and Plate, which might move the Danes to rifle and destroy them, as much as their Enmity to the Christian Religion: and indeed at their first arrival and plundering here, they landed as near as they could to Monasteries, and made it their business to destroy and sack them, an instance of their great wealth may be the Abbey of Croyland, which about 104 years after this Destruction of it, it being rebuilt by Edred King of Great Britain, A. D. 948. at the time of the Death of Abbat Turretul, A. D. 975. in the sixteenth year of King Edgar, the Treasure of the Monastery then brought forth before the Convent, amounted to 10000 l. Monasteries; they spared no Age, Sex, or Condition of People; Priests, Monks and Nuns they most horribly abused, The Danish Cruelty. and massacred more cruelly and readily than others, and for this reason there is little of Church-Affairs left us in this Age; Asser de gestis Alfr. fol. 7. A. D. 871. worn out with these Afflictions, Ethelred died, and was buried at Winburn in Dorsetshire. (p) Aelfrid or Alfrid before he was King, was Secundary to his Brothers, whom he excelled in Wisdom, Justice, and Courage; the Latin word is Secundarius, which cannot here signify the second Person in the Kingdom, for that he was by Birth in Ethelred's Reign, but he was not so in Ethelberts time, it must therefore signify an Office, and whether he was a Vicegerent, or an Assistant, or a Minister of State, I cannot determine, perhaps he was all, or at least the two last, for it appears in Asser, that all things were transacted according to his advice and direction. Aelfrid fourth Son of Ethelwolph, scarce fixed in his Throne, when he encountered with the Danes at Wilton, Aelfrid. A. D. ●71. Beaten at Wilton. Asser de gestis Al●r. fol. 7.8. The Mercians make Peace with the Danes. A. D. 873. Malmsb. de gest. Reg. l. 2. c. 4. much his Superiors in force, yet at first he worsted them, who notwithstanding in the end, obtained a great Victory; from thence they marched to London, where they wintered, with whom the Mercians made Peace. But here I shall follow the Method of Malmsbury, who that he might not confound his Readers with the Stories of the Danish Rapines and Slaughters, with their hurryings, and swift removals from one part of the Nation to the other, the Narratives whereof are as Irregular, Tumultuous, and fluttering, as their Marches themselves, he totally omits the particulars, Aelfrid fights with various success. De gest. Aelfr. fol. 9 Danes come over in great Numbers. Aelfrid reduced to great straits. Secures himself in the Fens. Crowland, Peterborough. Ingulph Hist. 497. a. The Charter in Ingulph bears that date, and it is there said to be then built, or about that time. Ibid. 498. b. Ibid. 504. b. The Wealth of Croyland Abbey. Ibid. fol. 7. Secundarius what he was. wherein Aelfrid had the fortune of War, sometimes conquering and other while being conquered, for if Asser says the Danes came hither with such often supplies, and in such great numbers, that if thirty thousand were killed one day, there succeeded others to double that number, until at length Aelfrid was reduced to such straits, that with a few of his Nobles, and some Soldiers and Vassals, he was forced to secure himself in the Woody and (q) Now the Isle of Athelney in Latin, gronnosa joca, Cam. Brit. fol. 163. Gron what. without doubt from Gron an old English Saxon word, signifying a Fen, or low Moory Boggy grounds, and the parts adjacent are now called Moors, and hence Gronningen, the chief Town in the Province of that name in the Netherlands, for that 'tis situated in such a Country, and other places of the like sound. Fenny places of Somersetshire, Aelfrid. A. D. 878. where they had nothing but what they got from the Pagans by frequent Eruptions, or such Christians as had submitted to them. But not long after adventuring out of these fastnesses, Ibid. fol. 10. with the whole force of Somerset, Wilt, and Hamshire, which came unto him, marching swiftly early in the Morning, Aelfrid suddenly sets upon the Danes, and obtains a great Victory. he set upon the Danes at Ethandun, where their Army lay, and by a great slaughter of them obtained the Victory, and had the pursuit of them to their Camp or Fortress, and when he had there besieged them fourteen days, forced by Famine and Despair, they yielded, The Danes beg Peace. and begged Peace upon such Terms as he never had before, they offering as many Hostages as the King would require for the performance of them, which when the King had received, the Danes swore that as soon as they could, And swear to departed the Land. they would departed the Kingdom. (r) In Asser Godrum and Gothrum, in others Gy●ro, Gothrun, or Gurmund; Godrun his several Appellations. in Lambard's Laws, Gythrun or Guthrun. Godrum their King presently became a Christian, to whom Aelfrid was Godfather, Godrun their King becomes Christian. Hist. 494. b. Some Danes abjure the Land. and with him thirty of the chief men of his Army were baptised; Ingulph says that Aelfrid gave to him and his People that stayed with him, the Kingdom of the East-Angles, and that such as refused to be baptised, abjured England, and went into France. Malmsbury says that Aelfrid gave him that Kingdom, and also Northumberland, Northumberland given to Godrun. to hold of him by Fealty and Allegiance, which before he held by Violence and Rapine; perhaps in his latter time the greatest safety to Aelfrid was the Sea Force, Aelfrid 's Sea Force 120 Ships. Asser. fol. 10. A. D. 877. which he first advanced to any considerable height, have in number about 120 armed Ships, with which he several times destroyed his Enemy's Fleets, and kept them from landing. Learning in this King's days, was at a very low Ebb, In Praefat. Pastoralis Gregor apud Asser. fol. 27, 28. The Ignorance of the Bishops, Priests and People in Aelfrid's days. A. D. 884. Aelfrid's design for the advancement of Learning. A. D. 886. Asser. fol. 16. The Controversy between Grimbald and the Oxonians. there scarce being any that could read English on the Southside of Humber, or a Priest that could translate Latin into English, wherefore he translated Gregory's Pastoral into English, and sent a Copy of it to every Bishop, especially to such as did not well understand the Latin Tongue, to whom he thought it very necessary, yet after some repose and quiet from War and Tumult, he thought of the advancement of Learning and Justice, and the making of Laws; for effecting the first, he sent into France for Grimbald and John the Monk, and into Wales for Asser, who read to him, and wrote the History of his Life, whom he placed at Oxford, there to read in several Sciences, where not long after their coming, there happened a great Contest between the Scholars they found there, and these Strangers, the first pleading their Antiquity and Seniority against the latter. Aelfred. A. D. 886. The King hearing of the Controversy, goes to Oxford to put a period to it, who showing much moderation, and endeavouring to reconcile them by persuasion, it so moved Grimbald (who thought himself sure of the King's favour,) that he left Oxford, and went to the Monastery at Winchester, and removed from thence to Winchester also the Tomb wherein he designed to lay his Bones. Ibid. fol. 20. Aelfred gave the half of the Revenue which came into his Exchequer, every year to charitable uses, which he distributed into four parts, one whereof was ordered for the support of his (s) So were all places of literature called at this time, the Formality and Constitution of Universities not being then the same that it is at this present; such an one was the School of Sigebert, which he erected in his Kingdom of the East-angles, and not perhaps without much probability at Cambridge. School, which chief consisted of his Nobility, he also ordering that the Sons of Freemen should be brought up in Learning until they were fifteen years of Age. Asser. fol. 21. Aelfred 's great care of Justice. In doing Justice he was so careful and exact, that he would inquire after all the Judgements and Decisions of the whole Country made in his absence, and strictly examine them whether just or unjust, and if he found any Iniquity in the Sentences of his Judges, he would ask them whither it proceeded from Ignorance, or a corrupt mind, He reproves the ignorance of his Judges. if they answered from Ignorance, he reproved their Folly and unskilfulness, and admiring their Insolence, that they should pretend to do what they understood not, commanded them either to lay down their places of Judicature, or by applying themselves to Study and Books, make themselves more fit and skilful to perform them; and it was wonderful to see how many illiterate (t) The Latin word is Comites, which the Saxon translates by Alderman, and we by the Danish word Earl. Earls, Sheriffs and Ministers, (many of them in their old Age) rather than part with their Places and Profits, And they addict themselves to laborious Studies. Brompton col. 829. His Laws collected out of the Laws of precedent Kings. addicted themselves to laborious Studies. His Laws, whereof many were Ecclesiastic, for the most part were Collections from the Laws of Ina, Offa, and Ethebert, which were made, and the Observation of them commanded, by the advice and assistance of his Council, such as were fit for the present time were retained, others antiquated, and some new ones made, they contain nothing extraordinary, and are extant in Lambard, only one or two of the Secular Laws that are observed among us at this day shall be noted. Ll. Alured, fol. 31. Estates entailed in his time. As that for Entailing Estates, They that had Book-land, or Estates in Land that came to them, or passed by writing (or perhaps as we now call it Deed) from their Ancestors could not sell or alien it from their Heirs; and that for vouching of things sold, etc. no man's Horse or Ox could be bought or sold without a Voucher, Foed. Alured. & Guthrum. Ibid. fol. 36. Hundreds and Tithings erected by Alfred. that is one then that should take upon him to make good the sale, and thing sold according to the Bargain .. This King, according to Ingulph, first divided the Provinces into (u) Without doubt, as to this part of the Division. De gestis Aelf●ed, fol. 284. Ingulph was mistaken, for Asser who lived in Aelfred's time, mentions Osric Earl of Hamshire, and Ethelwolph Earl of Bark-shire, under Ethelbert and Eanwulf Earl of Somersetshire under his Father Ethelwolph. There are also mentioned as witnesses to a Charter of King Ethelbald's, A. D. 716. cited by Ingulphus, Egga Earl of Lincoln, and Lencitus Earl of Leicester, Histor. Croyland, fol. 485. a. therefore such Divisions were before; nevertheless 'tis most probable the Partitions of Counties into Hundreds and Tithings were made in his times, as appears in the notices. Counties, those into Hundreds, and those again into Decimes or Tithings, that every English man living under Law, should be within some Hundred or Tithing; Edward the Elder. A. D. 886. of this see more in the first part of this History. He made also a Survey of all the Counties, Hundreds and Tithings throughout England, and the Roll thereof was called the Roll of Winchester, All Counties surveyed by Alfred. In his History, fol. 516. b. (the chief City of the West-Saxon Kingdom) because it was kept then, out of this Roll, and that afterwards made by William the Conqueror in imitation of it, but more exact, Ingulphus took out the Particulars of the Lands and Tenements belonging to Croyland Abbey. Edward his Son called the Elder, Edward the Elder. A. D. 900. Sax. An. 901. Disturbed by Ethelwald. Ibid. 905. Who flies to the Danes in Northumberland. and persuades them to invade Mercia. (because the first) succeeded Aelfred, less learned, but more Potent. In the beginning of his Reign he received some disturbance from the pretences of Ethelwald his Uncle's Son to the Kingdom, who not being able to make good his Cause, fled to the Danes in Northumberland, and prevailed with them to invade Mercia, where Edward marching upon them, forced their Army to retreat, and wasted all the Country between the (*) This was that Ditch which is called Divels-Ditch upon New-Market-Heath, and the Country here mentioned, was all that between this Ditch, Huntingdon, St. Neots, Bedford, etc. which are seated upon the River Ouse. Ditch and Ouse, even to the North Fens, and not long after both Armies joined Battle, and fought with great loss and slaughter on both sides; Duke Sigulf, Earl Sigelm, Eadwold the King's Thane, Cenwulf the Abbot, with many common men, A great slaughter of Saxons and Danes. were slain on the Saxons part, on the Danes part their King Eohric, the seditious Ethelwold, Brihtsigerus, Isop (x) HOLD is a Danish word, and signifies a Fieldmarshal, Knight-Marshal or General. Hold, Osketel Hold, with very many other Commanders and common Soldiers; yet by the Story the Danes seemed to have kept the Field; what the event of Battle was, appears not, Ibid. 907. however two years after Edward makes Peace with the Danes. The East-Angles and Northumbrians which were now one Nation with them, not long after the Danes broke the Peace▪ Ibid. 9 1. and wasted his Countries, to whom he gave Battle, overthrew them, The Danes beaten. and killed their King Ecwils, pursuing this Victory, and marching for several years up and down into all parts of his Country, he, with the assistance of his Sister Elsted Countess, Queen of Mercia, every where expelled the Danes, Malms. de gestis reg. l. 2. c. 5. Ingulph. Hist. fol. 595. b. Edward repairs his Towns and Fortresses, and places strong Garrisons in them. and either built and erected new Towns and Fortresses in all convenient places, or repaired the old, and placed strong Garrisons in them, especially towards the Frontiers, by which means he checked the Insolency of the Danes, and hindered their Excursion, their places of Safety and Retreat, added such courage to the Countrymen, that whereas before they fled from the Danes, now they outbraved and contemned them. These things raised him to such a Reputation, that after the accession of Mercia to his former Territories, (which he took into his own hands after his Sister's Death) Howel, Cledanc, and Jeothwell, Kings of the (y) These were those that inhabited that which is now called Wales, who were called North-britains', in respect of those which inhabited Cornwall, who were called South-britains'. North-britains', and the whole Nation, submitted, Saxon Annals. A. D. 922. The North-britains' or Welsh submit. Ibid. A.D. 924. And the Scots Danes and Northumber's. Divels-Ditch. Hold what and who. North-britains' who. and desired him for their Lord and Master, as did also not long after the King of Scots and all his Nation, the Northumbrians, the English and Danes, and other Northern People, Athelstan. A. D. 924. with the King of (z) Straecled Welsh who. De ●cb. Scot l. 6. p. 175, 156. Britain's which at that time inhabited Calloway in Scotland; Buchanan confesseth, that the English Army being far inferior to the Danes, and the Forces with which the Scots assisted them, yet under the conduct of Aethestan, who was Edward's General, they obtained a great Victory, and took from the Scots Cumberland and Westmoreland, and from the Danes Northumberland; but he will not acknowledge the submission of Scotland. STRAECLED Wales, and his People. Straecled. This King, by the advice of his wise men, made several Laws, and confirmed the League his Father Aelfrid made with Godrun or Guthrun, He confirms the League Alfrid made with Guthrun. Lamb. inter Ll. Edward Sen. He makes many Ecclesiastic Laws. Col 829. by Agreement of the Great men on both sides, and amongst other Articles of the League, they enacted many Laws merely Ecclesiastic, which were reputed as part of it; these Ecclesiastic Laws are printed in Brompton amongst Aelfrid's Laws, as being made then, and are more perfect than in Lambard; and with others there are Laws for the Payment of Tithes, Peterpences, Candle-money, etc. Edward dying in the year, 924. was buried with his Father in the Monastery of Winchester. Athelstan. Lib. 2. de gest. ●eg. c. 6. After the death of King Edward, his eldest Son Athelstan (by a Concubine, as 'twas reported, says Malmsbury) was crowned at Kingston upon Thames by Athelmus Archbishop of Canterbury, the beginning of whose Reign was disturbed by the Sedition of Alfrid a Nobleman, A. D. 924. Perjury punished with sudden Death. who being apprehended, and sent to Rome to purge himself, denying the Fact upon Oath, fell down suddenly, and within three days died. He obtains many Victories over the Danes Scots and Irish Ibidem. The Welsh agree to pay him a yearly Tribute They are bounded with the River Wye. This King obtained many great Victories over the Danes, Scots and Irish, and forced Constantine King of Scotland, and Eugenius King of Cumberland to yield their Kingdoms; he made the North-britains' or Welch to submit, who assembling at Hereford, agreed to pay him a yearly Tribute of twenty pound weight in Gold, three hundred pound weight in Silver, and 25000 head of cattle as Malmsbury, yet but 2500 as others, and made the River (a) The River which passes by Hereford, and not far from Chepstowe, falls into the Severn. Wye their utmost boundary; he also subdued the (b) So called because they inhabited the West part of Britain, which is now called Cornwall; they are sometimes also called the South-britains', in respect of the Welsh which were called North-britains'. Western-britains', removed them from Excester, which he strengthened with Walls and Towers, Ibidem. and confined them within the River (c) This River parts Devonshire and Cornwall, and runs into the Sea by Plymouth. Tamar, as their utmost limit. The Cornish with the River Tamar. The Fame of this King filled all Europe, and he married his Sisters, one to Otho Son to the Emperor of Germany, another to Hugh King of France, Foreign Princes purchase his favour with Gifts. a third to Lewis Prince of Aquitain, a fourth to Harrold King of Norway; all which and many other neighbouring Princes for to purchase his Friendship, sent him great and very rich Presents, but his noble and glorious Actions were sullied and blackened with the Death of his Brother Edwin (if true as 'tis storied) That by order of Athelstan, out of Jealousy of State, he was put into a small Pinnace, without either Tackle or Oars, accompanied only with one Page, with grief whereof the young Prince leapt into the Sea and drowned himself: this Malmsbury thinks not to be true, by reason of his great kindness to his other Brothers and Sisters, and says the Story was only found in the Songs of former Ages, and in no good Author, his Grandfather Aelfrid knighted this King in his Childhood, Athelstan knighted by his Grandfather Aelfred. putting him on a Scarlet Cloak, and girding him with a Belt set with Gems, and a Saxon Sword in a Golden Scabbard. He with the advice of his Bishops and great men, (d) Most of the Saxon Kings Laws are Collections or Repetitions of other and former Laws, they most commonly confirmed or new worded the old, but made not many new Laws. made many very good Laws, for preserving Peace and the Government of his Country, and some clearly Ecclesiastic; The Punishment of Murder Pecuniary. but amongst the rest established the (e) This Custom and manner of Punishment seems now very strange, that Money should be a price of Blood and Murder, nay for the Blood of Kings; surely in these Age's Money was more valuable than we can easily imagine. price of Murder or Man-killing, from the King to the Peasant; the Punishment of which, at that time was Pecuniary, not Capital or by Death, which because it makes out the Usage of those times, I shall particularly recite. The price of the King's Life by the common Law of the English, The Estimate of Heads, or value of Lives, from the King to the Peasant. was 30000 (f) From the Saxon word THRIM, Thrimsa what, Thrim. three, or a third, as Sir Hen. Spelm. in his Glossary, who there thinks a Thrimsa was to the value of three shillings; Summoner in his Saxon Dictionary, says it was a piece of Money or Coin of an uncertain value: Selden takes it to be a third part of a Shilling; Tit. hon. fol. 501. whatsoever it was, these Sums were a Poor Price, and a slender satisfaction for Blood, especially Royal and Noble Blood. And therefore the learned Author of the Notes upon the Life of Alfrid, thinks that wilful, malicious, or clancular Murder was never Penal, but only Manslaughter, and that after it had been declared such by the Judges, fol. 68 But see William the First his Laws. Thrimsa's, whereof 15000 were paid to his Kindred, and 15000 to the Nation or People. The Life of an Archbishop or Earl was valued at 15000 Thrimsa's, to be divided as the former. The Life of a Bishop or Alderman at 8000. The Life of a Fieldmarshal, Knight-Marshal, or General, 4000 The Life of a Mass-Thane or Priest, and a Secular or World- Thane, 2000 The Life of a Peasant or Countryman, by the Danes Law was 267 Thrimsa's. The Life of a Welshman, if he grew so rich as to maintain a Family, possess Land, and pay a yearly Tribute to the King, was valued at 220 Shillings; but if he possessed only half of a Hide of Land, than it was valued at 80 Shillings; and if he did not possess any Land, then at 70 shillings. If a Churl or Rustic grew so Rich, as that he became Owner of five Hides of Land, his Life was valued at 2000 Thrimsa's; or if his Sons or Grandchilds arrived to the same Wealth, they were under the same Valuation. The Morcians valued the Life of a Peasant at 200 shillings, and the Life of a Thane at 1200, and they were wont to value the King's Life equal with 6000 Thanes, that is 30000 Sceates, and so much his Death; the price of his Life was paid to his Kindred, and the Compensation of his Death to the People. Edmund, Edred. A. D. 940. The Oath of him whose Life was valued at 1200 shillings, was equal to the Oaths of six Peasants, and the Oath of a Priest was equal to the Oath of a Thane. Oaths valued according to Wealth. Edmund. An. Dom. 940. Saxon Annals. A. D. 942. Takes Lincoln, Nottingham, Stanford and Derby. Ibidem. A. D. 944, 945. He subdues Northumberland. Gives Cumberland to Malcolm King of Scots. A.D. 943, 944. In the year of our Lord 940. Edmund Brother and Heir to Athelstan was crowned King; in the second year of his Reign, he cleared Mercia of the Danes, and took from them the Cities of Lincoln, Nottingham, Stanford and Derby; the two Danish Kings Anlaf and Reginald became Christians, and had Edmund for their Godfather; yet notwithstanding this Spiritual Relation and Sonship, they soon prove his Enemies, and invade him who put them both to flight, and took into his own hands Northumberland, and gave Cumberland to Malcolm King of Scots, to hold of him by Fealty, and upon condition he should assist him by Sea and Land. About this time Odo or Oda Archbishop of Canterbury set forth Canons, in the second whereof he admonishes the King and great men, that they obey their Archbishops and Bishops with all Humility; this King also, with the advice of his Bishops and Lay-Nobility, commanded and established many Laws, He makes many Ecclesiastic Laws. whereof many were purely Ecclesiastic, after he had reigned six years, and behaved himself Nobly both in Peace and War. Malms. l. 2. c. 7. He finished his days by a sad accident, for Feasting with his Nobles on St. Augustin's day at Puckle-kerke in Glocestershire, to celebrate the Memory of his first converting the Saxons, he discovered Leof a noted Thief whom he had banished, sitting among his Guests, at which being much moved, rising from the Table, he ran to him, and laying hold of his Hair, he pulled him to the ground, and while they were struggling, He is killed by a Thief. the Thief privately drew out a Dagger, with which he mortally wounded the King in the Breast, so as he died presently; the Company immediately fell upon the Murderer, and cut him in pieces; the King's body was carried to Glastonbury, and there magnificently buried. Edred. A. D. 946. Ibidem. He subdues the Northumbrians, and makes the Scots swear Fealty. After him Edred third Brother of Athelstan, in the Nonage of Edmund's Sons, took upon him the Government: He subdued the Northumbrians, and made the Scots of such a pliant Temper, as they swore to do whatever he would have them; he imprisoned Wulstan Archbishop of York, upon suspicion of having connived at the Revolt of his Countrymen, but having respect to his Dignity and Office he released him; A. D. 955. in the flower of his Age he sickened and died, after he had been King about ten years. He confirmed to the Monastery of Crowland their Lands by Charter, and granted many Privileges to it, Ingulph. Fol. 498. b. A. D. 948. under the Penalty of 100 l. to be paid to his Treasury, and Damages and Costs whatsoever the Monks should sustain by any Infringer of them, to be taxed by the Oaths of four or five honest men before the King's Judges. Edwin. A. D. 955. Flor. Wigor. fol. He rejects Monks and brings into Monasteries Secular Priests. A. D. 957. Mercia and Northumberland choose Edgar for their K. The next after him was Edwin Son to King Edmund a dissolute Prince, of whom there is little memorable, only that he was prompted to it by the Council of his Harlot Algiva; he ejected the Monks, and brought in Seculars into Monasteries; he was so displeasing to the People, that the Mercians and Northumbrians chose his Brother Edgar for the King, and the same year Edwin died. In all the Reign of Edgar there was no Wars, Edgar. A. D. 959. the Saxons cheerfully obeying him in all his Dominions, and being very kind and favourable to the Danes, they gave him no disturbance, he recalled Dunstan from Banishment, and in a severe Oration to the Clergy, Spelm. con: 77. He reproves the Lives of the Clergy. Edgar's Speech to the Clergy, M. S. Commits the Reformation of them to three Bishops. he perstringes the Lives of the Seculars, tells them of their impudent Whoreing, Dicing, Singing and Roaring, Drinking, Excess in Apparel, Luxury in Diet, Dogs and Hawks, Sports, Pastimes, and idle Living; and in fine commits the care of their Reformation, to Dunstan Archbishop of Canterbury, Athelwold Bishop of Winchester, and Oswold Bishop of Worcester, with order that by his Regular Authority, and their Episcopal Censures, the filthy Livers (by which he meant the Seculars) might be ejected, and regular men (by which he meant the Monks) restored to their Monasteries; his Government was attended with Peace, Honour, and Prosperity, from whence he acquired the Title of Peaceable, as he might also have done that of Just, His great love to Justice. for in his Circuits and Progresses through the Country, he did take a special account of the Demeanour of his Ministers and Judges, Malms. l. 2. c. 8. so that the greatest Persons could not elude the Law, or the poorest want the benefit of it. To repress Drunkenness which the Danes had brought in, Ibidem. He restrains excess in Drinking. he caused Silver or Gold Pins to be fixed to the sides of their Pots or Cups, beyond which they should not drink themselves, nor force others to drink. With the Vices of the times, he also extirpated the wild Beasts, imposing upon Ludwal King of Wales, Ibidem. He enjoins the Welsh a Tribute of Wolves. a yearly Tribute of three hundred Wolves, which so totally destroyed them in three years, that the fourth there was none to be found. He was very careful in guarding the Coasts with several stupendious and great Navies, if we may credit Matt. of Westminster, who says they were 4800 Ships divided into four Squadrons, A. D. 975. His Fleets consisted of 4800 Ships Ibidem. whereof 1200 appointed to each Quarter of the Island, meeting each other as they sailed to and fro; in Summer time he himself was in the Fleet. By this means he preserved his Country from the danger of foreign Invasion. At Chester from his Palace to St. John's Church, and from thence to his Palace, he was rowed by eight Petty Kings, while himself sat at the Helm; they all swearing Fealty to him, Flor. Wigor. A. D. 937. Eight Kings swear Fidelity to him. His inordinate and indiscreet Lust. and that they would assist him by Sea and Land: notwithstanding these great, just, and honourable Performances, he wanted not his Vices, yielding too much to his inordinate Lust, giving that Tyrant Passion too great a Dominion over his Reason, his Prudence and Discretion being overborne by that torrent, which together with the due wariness and circumspection which ought to attend the Actions of Princes, were all absorbed in that lascivious Gulf; for the great and indiscreet Liberty he gave himself this way, but especially for forcing of a Nun, Lib. 2. c. 8. Dunstan enjoins him seven years' Penance, etc. as Malmsbury reports, Archbishop Dunstan severely reproved him, and enjoined him seven years' Penance, with strict Fast and Abstinence; also that he should reform the Lives of the Clergy, build Monasteries, make good Laws, and see them executed, and do many Alms-deeds, which when he had finished, Spel. con. fol. 482. with his seven years' Penance, Dunstan in a full Assembly of all the Nobility and Bishops, set the Crown upon his head, which he had commanded him not to wear the time of his Penance; Edgar. A. D. 975. all this was done with the applause of this great Assembly, to the praise of God and St. Dunstan. He died having reigned sixteen years, He built and repaired 47 Monasteries. in which time he built and repaired seven and forty Monasteries and intended to have made them up fifty if he had lived. This, in all probability, was a great occasion of the Danes conquering England, for by this means he exhausted his Treasure or ready Money, and gave away a great part of his Lands, for the future maintenance of the Monks, who refused his Son Ethelred assistance according to his necessity. Spel. con. 444. And so forward With the concurrence of his great Council, he ordained many Laws Ecclesiastic and Temporal, amongst which there was one for the 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 Father's 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 Controversy 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 Controversy. A.D. 975, 977. several Synods or Councils were held about this Controversy 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 murdering Edward, to make way for her Son Ethelred, Ib. A.D. 978. Edward murdered 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 easy 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 Countrymen here, (who lived in great peace and quietness until this time) first landed in one place, then in another, ('tis 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, than 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 allied 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, betrayed by some of them, but by Edric more especially. After many years' experience of their barbarous Murders 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, Burn, 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, etc. 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, etc. 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, 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 suspicious, 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; 'tis scarce conceivable it could be carried on with so great secrecy required to such an universal Surprise; besides the Reporters of it agree not in the time or manner: Hen. of Huntingdon 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 public 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 ancient People. which was attempted, and they were all killed and destroyed accordingly. In this Massacre amongst the rest, Lady Gunhild, Sister to Swain 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 Traitor, 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 Father's Brother, Gunhild Sister to Swain King of Danemarke massacred. De gest. R. R. l. 2. c. 10. says Malmsbury, barbarously murdered. The News of this Bloody Tragedy moves the Danes to revenge, and the year following King Swain 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 overruns 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. 100L. 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 suspicious. 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 complete 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 Swain 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 Swain Emma with her Children departs into Normandy. Eth●lred follows them. Hen. Hunt. A. D. 1013. Swain imposeth a great Tribute upon the People. Hoveden, Anno eodem. Turkill doth the same. Hunting. A. D. 1014. Swain dies suddenly. Ibidem. Cnute made King by the Danes. The English recall Ethelred. he finding them Food and Raiment. Swain proceeding victoriously, almost wherever 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 Christmas in the same year, Ethelred followed them thither, from the Isle of Wight, all the People esteeming and receiving Swain 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 Swain. the Abbey of Croyland alone paid 2000 Marks to Swain, 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 Swain 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; Swain 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 joyfully 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 with 160 Ships, to whom the Traitor Edric joins himself with forty Ships more; against whom Ethelred raises a vast Army, but being told it would betray him, dismissed it, and retired to London. His Son Edmund called Ironside, with uctred Duke of Northumberland, wasting some Countries, whilst Cnute destroyed others, uctred compelled by necessity, submitted and gave Hostages, notwithstanding which he was slain, and Hoic made Earl of Northumberland. Edmund returned to London to his Father, Ibidem. and Cnute was coming toward it with his Fleet, Ethelred dies. but before he arrived Ethelred died. Cnute. Edmund Ironside. A. D. 1016. In the year 1009. and about the Thirtieth of this King, Spelman thinks he called a Council of all his great and wise men at Aenham, at the instance of Aelfeage Archbishop of Canterbury, and Wulstan Archbishop of York, A Council at Aenh●m. A. D. 1009. Spelm. con. fol. 511, etc. Ibid. c. 2. c. 6. c. 19 Canons against Priest's Marriage. wherein many Ecclesiastic and Secular Laws were either made or confirmed, among which these three were not very usual, That Priests should not Marry, it being the Custom then for them to have two or three Wives. That (q) Gualdas Cambrensis reports it was the Custom and common Vice of the English, in time of Peace, to sell their Children and Kindred into Ireland for Slaves, although not urged to it by Want or Necessity; and the Northumbrians, not under pretence of Necessity, but for mere Profit, were wont to sell Children. none should be sold out of their Country, especially to a Pagan. That Widows should remain so for twelve months after their Husband's death. Other Laws were made for preservation of the Peace, correction of false Money, and bringing Weights and Measures to a just Rule. Against the sale of men, etc. C. 22. C. 23. Here were also ordained Naval Laws. That a Fleet should be ready and equipped every year, as soon as might be, after Easter, for the Defence of the Kingdom. If any man did injury to any Ship designed for this Expedition, he was to repair the Damage. But if any one destroyed a Ship, he was to pay the full value of it, and be punished as for Treason, or an affront done to the King. Plenam Luito Injuriam, & laesam praeterea majestatem. FORGYLDE HIT FULLICE and CYNING THONNE MUNDBRICE. Hoveden. A. D. 1016. fol. 219. a. Flor. Wigorn. A. D. 1017. The Bishops, Abbats, and many of the Nobility elect Cnute their K. and abjure the Saxon Race. The Citizens and Nobility at London set up Edmond Ironside. Ethelred having finished his Life and miserable Reign, the Bishops, Abbats, and many of the Nobility assembling together, or as others being summoned by him, meet at London, elected Cnute their King, and going to Southampton, where he than was, renounced before him all the Race of Ethelred, and swore unto him Fidelity; and he also swore to them, that in matters both Secular and Religious, he would be their faithful Lord; but the Nobility which stayed at London, together with the Citizens, chose Edmond called Ironside, the eldest Son of Ethelred then living by his first Wife; he going with all speed to the Westsaxons, was received by them with great Demonstration of Joy. In the mean time Cnute coming to London with his Fleet, caused a great Cut or Ditch to be made in the South part of Thames, and laid up his Ships West of the Bridge, compassed the City with a wide and deep Ditch, Cnute besiegeth London. closely besieged it, so as none could pass out or in, He quits the Siege. Ashdown Battle. and often assailed it, but was as stoutly repulsed by the Defendants; wherefore for that time quitting the Siege, and leaving part of his Forces to defend his Ships, with the other he swiftly passed into West-Saxony, before Edmond had raised an Army, who yet with such Forces as he had ready, Hibern. expug. c. 18. It was a common Custom of the English, to sell their Children. Malms. de gest. R. R. lib. 1. c. 3. Ibid. l. 2. c. 11. fol. 4●. a. Cnute builds Churches and Monasteries in many places to expiate the Blood spilt there. Ibid. l. 2. c. 10. boldly sets upon them, and (by God's help) puts them to flight. Not long after being recruited and receiving more strength, he fought the Danes the second or third time, some report at (r) A Town in Essex in Rocheford Hundred near Ralegh, where Cnute built a Church to expiate the blood spilt there, as he did in all other places where he fought, building of Churches and Monasteries being then a common way of satisfaction for great Persons, for Blood, Murder, and all manner of wickedness. Ashdown or Assingdon, others at other places. But in the last Battle, wherever it was, (by the Treachery of Edric, who revolted to the Danes, with what Forces he could, when he saw the Victory inclining to the English) Edmund was totally defeated, and the flower of the English Nobility cut off; Edric's Treachery. Huntingd. A. D. 1016. Fol. 208. The flower of the English Nobility destroyed. Ibidem. here perished noble Duke Ednod, Duke Alsric, Duke Godwin, and the brave Vlfketel Duke of the East-Angles, and many more gallant English; after this great Victory Cnute took London, and the Royal Sceptre. Edmund, with the Remains of his Army, marched toward Gloucester, where collecting what Force he could, he prepared for a new Engagement; but the Nobility on both sides terrified with the dreadful slaughter in the last Battle, and fearing the Courage as well of Edmund as Cnute, persuaded them, for avoiding the great Effusion of Blood, to decide the Controversy by single (s) Malmsbury says Cnute refused a Duel, yet at the Instance of both Armies, he was willing the Nation should be divided. Combat, which they undertook, and behaving themselves bravely on both sides, in the midst of blows paused a little, and then coming to a Parley, Cnute and Edmund part the Kingdom. Matt. Westm. A. D. 1016. f. 205. n. 40. they agreed to part the Kingdom between them. Edmund for his share had East-Saxony, East-England, the City of London, and all the Land on the South side of the River Thames; and Cnute had all the North parts of England. Not long after Edmund died at London, Flor. Wigor. A. D. 1016. Fol. 618. and was buried at Glastonbury, when Cnute commanded all the Bishops, Dukes, Princes and Chief men of England to meet at London, and when they were come together, he craftily asked such as were Witnesses to the Agreement, Cnute surpriseth the Witnesses to the Agreement between him and Edmund. and Division of the Kingdom between them, as if he knew nothing of the matter, what he and Eadmund discoursed of his Brothers and Sons; Whether it should be lawful for his Sons to Reign in the Kingdom of the Westsaxons after him, if Eadmund should die while he was living. They said they certainly knew, Ibidem. that King Edmund neither living or dying, had given the Protection of any part of his Kingdom to his Brothers; and they said also they knew that Edmund desired Cnute should be the Protector of his Children, while they were of Age to Reign. But, says my Author, They gave false Testimony, and lied falsely, Ibidem. They give false Testimony. thinking to make Cnute more kind to them, and hoping for great Rewards, yet nevertheless some of them, not long after, were put to death by him. Then he exacted of them Oaths of Fidelity, Ibidem. and they swore they would choose him King, humbly obey him, and pay Taxes to his Army, wholly rejecting the Brothers and Sons of Edmund. By the contrivance of Cnute and Edric, Ibidem. A. D. 1017. fol. 619. Edric adviseth Cnute to murder Edmund 's Sons. Edwin the Brother of Edmund was murdered; and Edric gave him further advice to kill his two Sons Edward and Edmund, but thinking it would prove a great disgrace to him, if they were murdered in England, sent them to the King of Sweves, Cnute. Edmund Ironside. A. D. 1017. that he might dispatch them, who though his Friend would not do what he desired, but sent them to Solomon King of Hungary to be preserved; where Edmund died, and Edward married Agatha Daughter to Henry the Roman Emperor, by whom he had Edgar, Aetheling. Aethelinge, and Margaret Queen of Scotland. Cnute. A. D. 1017. Flor. Wigorn. Divides England into four parts. Cnute having thus obtained the Kingdom of England, divided it into four parts or Governments, West-Saxony he kept to himself, Mercia he committed to Edric, to Turkill the East-Angles, to (t) He is sometime called Iricius, Hirc or Eric Iricius Northumberland. His first care was to make a firm friendship between the Danes and English, and a right understanding between himself, Ibidem. To endear himself to the People, causeth the Murderers of Edmund to be put to death. Nobility and all the People, whose love his own quiet and security prompted him to seek, and as a means, to that end he caused to be brought forth the Murderers of Edmund in a great frequency of People, who openly confessing the Fact, were put to death; and not long after finding an opportunity, (u) He always urged him to fight, when Cnute had the advantage, but when he was probable to conquer, he dissuaded Battle. Edric whom he inwardly hated for his perfidiousness, received from him the deserved punishment of his Treasons, Malmsb. f. 41. a. n. 10. And cuts off Edric. Ibid. & Flor. Wigorn. A. D. 1017. Flor. Wigorn. A. D. 1017. growing now troublesome to Cnute, whom he often minded of the Wickednesses and Treasons he had committed in favour of him. With him Duke Norman, the Son of Duke Leofwin, the Brother of Earl Leofric, and Aethelward the Son of Duke Agelman, and Brightric the Son of Alphege Earl of Devonshire, were without fail put to death. Leofric he made a Duke, and was afterward very kind to him. Malmsb. ut sup. n. 30. He Marries Emme Widow of Ethelred. The more to ingratiate himself into the English, he married Emme Widow to Etheldred, and Sister to Richard Duke of Normandy, whose Alliance was the more considerable, in respect he had in his Protection the two Sons of Ethelred by this Emme. Malms. ut sup. To expiate the Blood, Murders, etc. he builds and repairs many Monasteries. A. D. 1032. Hoveden. By Bribes he obtains the Kingdom of Norway. Ibidem. A. D. 1028. A. D. 1031. Vid. Epist. in con. Spelm. fol 535. Ingulph. Hist. 508. b. Malms. f. 41. b. n. 10. To expiate the Blood, Murders, Rapine, and Violence of himself, Father and Ancestors, he repaired all the Monasteries which had been defaced and destroyed in England, and built some new ones, as that at St. Edmund's- Bury, etc. Cnute hearing the Norwegies, neglected and slighted their King Olave for his Meekness, Justice, and Simplicity, sent to some of the chief Persons of the Land great Bribes in Gold and Silver, soliciting them to reject Olave, and make him King; they accept his Propositions, and Cnute coming thither from England with fifty Ships, they kill Olave, and declare him their King. In the fifteenth year of his Reign, he made a Voyage to Rome, (as he declares in his Letter from thence to his great men by Livingus) that by his respects paid there to the Apostles Peter and Paul, he might receive Pardon for his Sins; at his being there he complained to the Pope of the great Exactions practised upon the Archbishops for their Palls, and was promised redress; in the same Letter or Epistle he promiseth amendment of Life, and commands his Counsellors, with whom he trusted the Affairs of the Nation, that no way, for the fear of him, or any other potent Person whatever, His great Justice in some things. they should consent to any Injustice, or suffer any to be done in his Kingdom; Cnute alone. A D. 1031. the like command he lays upon his Sheriffs and Justiciaries, that no Violence be done either to Rich or Poor, but that all men should have equal Justice, and that they should not grievously exact upon the People to fill his Coffers; he further strictly enjoins them, that before his return from Danemarke, (whither he was going to settle all things in firm Peace) they should pay all his Debts due according to the old Law, as (x) Churches or Cyriscet or Cyricsceat. Church-shot, or by some Church-Seed, Churchset what. Cyricsceat. being a Sum paid for the first Fruits, or Garden-Seeds, to be paid at Martlemass, or the Feast of St. Martin in November. Church-seed, Tithes, Peterpences, etc. he strictly enjoined the Observation of all old Laws, especially those of Ethelred, Malms. l. 2. c. 11 fol. 42. a. He enjoins the Observation of the old Laws. Ll. Canut. Lamb. fol. 97. which were afterward called the Laws of Edward the Confessor, not that he made them, but only caused them to be observed; this large Collection is extant in Lambard, and besides the Ecclesiastic Laws, of which there are many, contains nothing but the antiquated Usages and Injunctions of those times, except what was said concerning them in the notices. Many Laws purely Ecclesiastic made by Cnute and his great Council. The Ecclesiastic Laws concerning Religious Persons and things, which seem to have been observed a long while after, and some of them at this day, are these following. 1. That there should be no Markets, Fairs, Assemblies, Ll. Cnut. c. 15. No Markets, Fairs, etc. on the Lordsday. Ibid. c. 19 The Sacrament to be received thrice in a year. or other Secular Actions practised on the Lord's-day. 2. That all Christians should receive the Eucharist, or Sacrament of the Lord's-Supper at least three times in the year. 3. That if a Priest killed a man, or committed any notorious Crime, he should be deprived of his Order and Dignity. 4. That a married Woman convict of Adultery, Ibid. c. 50. should have her Nose and Ears cut-off. 5. That a Widow marrying within twelve months after her Husband's Death, should lose her jointure and Dowry. Ibid. c. 71. Cnute not long before he died, appointed his eldest Son Swain, Hoveden 251. a A. D. 1035. Cnute dies and disposeth his Kingdoms to his Sons. by his first Wife (y) By most Writers reported to have been a Concubine, she was Daughter to a Mercian Nobleman, who is said to have been Earl of Northampton. Elgiva, to be King of Norway, and his second Son (z) Others say he was elected King, Ingulph. Hist. 509. a. and some that he was King only of the North parts of England, and Hard Cnute of the South parts. Harold, by the same Woman to be King of England, and Hardecnute his Son by Emme, King of Danemarke. This year he died in November at Shaftsbury, and was buried at Winchester. Harold according to some being chosen King by the Danes and Londoners, Harold. Hunt. 209. a. whilst Earl Godwin and the English would have had for their King one of the Sons of Ethelred, or Hardecnute the Son of Cnute, but their attempt was in vain, Malms. l. 2. c 12 not being equal either in number or force to the Abettors of Harold, and therefore he enjoyed the Crown, which was given to him by his Father, A. D. 1036. as it is said in Hoveden before-cited; however he came to be so, King he was, and innocent Elfred, Elfred and many Normans slain. a younger Son of Emme by Ethelred coming out of Normandy to visit his Mother then being at Winchester, Harold, Hardecnute. Danes. A. D. 1036. (as 'tis storied) was by Earl Godwin and others by order of Harold, together with many Normans that came to accompany him, slain; his Mother Emme not thinking herself safe here, much grieved for the death of her Son cruelly murdered, Hoved. 251. Emme flies to Baldwin Earl of Flanders. went to Baldwin Earl of Flanders, who received her honourably, and assigned Brugis for the place of her abode, where she remained three years, whither her Son Hardecnute came out of Danemarke to visit her, Malmsb. ibid. Hunting. ibid. Hoved. 251. b. Harold dies. Ibid. & Flor. Wigorn. A. D. 1040. in the mean while having done nothing memorable, Harold dies at Oxford, some say London, and was buried at Westminster. Florence of Worcester says they divided the Kingdom of England by Lot, and that the North part fell to Harold, and the South to Hardecnute, who was rejected because he came not out of Danemarke, when sent for, so soon as was expected, and therefore Harold was elected King over all England, A. D. 1035, 1037. fol. 622. Hardecnute. both English and Danes make him their King. After his death all the Nobility both Danes and English sent to Brugis to Hardecnute, to come and be their King, (the Children of Ethelred being neglected, and postponed for the easiness and ill fortune of their Father) he arrives with sixty Ships manned with Danes, and was of all People received with great applause, but during his short Reign, did nothing worthy a King, save that he treated his half Brother Edward, and his Mother Emme, who came to him out of Normandy, He laid a grievous Tax upon the Nation. Ibidem. At which Worcestershire People tumult. very kindly and honourably; he laid a grievous Tax upon the Nation, for the payment of eight Marks to every Rower, and twelve Marks to every Officer in his Fleet, this caused the People to tumult, and at Worcester the Country People and Citizens killed two of his Domestic Servants which he sent to gather his Tax, but he chastised them severely for that Fact, for he sent thither Leofric Earl of Mercia, Godwin Earl of West-Saxony, Siward Earl of Northumberland, Their City and Country is burnt and plundered. Ib. A.D. 1042. He dies suddenly. etc. who plundered and burnt the City, and wasted all the Country, when he had reigned about two years; he died suddenly while he was drinking at a Nuptial Feast at Lambeth, where Osgod a great Danish Lord had married his Daughter to Prudan another Potent Dane. Edward the Confessor. A. D. 1043. His Descent. Edward commonly called the Confessor, the eldest Son of Ethelred by Emme, and half Brother to Edmund Ironside, Son also of Ethelred by a former Wife being in England, at the death of his half Brother Hardecnute, was in a great strait, not knowing what to do, and thinking to retire into Normandy, [1.] Malms. de Gest. R. R. l. 2. c. 13. fol. 45. a. n. 10. He applieth himself to Earl Godwin. applied himself to Earl Godwin, who gave him other advice, minds him whose Son he was, and what great probability there was of his being King; and withal promiseth his assistance upon Conditions to be agreed on between them. Edward urged by necessity, promiseth to make good all he asked. Then a Council being called at London, Godwin being very eloquent and powerful in persuading, so prevailed in this Assembly, that by the consent of almost all present, He is declared King. he was made King, and [2.] Hoveden 252. a. crowned at Winchester, anointed by Edsi Archbishop of Canterbury, and Alfric Archbishop of York, in the presence of almost all the Bishops of England. And not long after, by advice of the Earls Leofric, Godwin, Edward the Confessor of the Saxon Race A. D. 1043. and Siward, he seized and took from his Mother Emm●, all her Gold, Silver, Jewels and Treasure. The reason assigned is, that she was very hard and sparing towards him in the time of his Exile; he married the Daughter of Earl Godwin, by name Edith or Edgith, Hor. Worcest. He takes away Jewels and Treasury from his Mother Emme. He Marries Earl Godwin's Daughter Edgith. Malms. ut sup. Her Beauty, Learning, and Modesty. as he had promised. She was no ways like her Father or Brothers, but was very beautiful, learned, humble, and modest. [3.] Histor. Croy. 509. a. n. 30.40, 50. Edward much addicted to the French Modes and Customs. Ibidem. Ingulph reports he saw her often when he went to Court to see his Father who lived there, and coming from School, was often met by her, and opposed solidly and smartly, not only in Grammar, but in Logic. The same Historian there saith, that though Edward was born in England, yet having had his Education in Normandy, he was almost become a French man; and calling many from thence both Lays and Religious, preferred them to great Offices and Dignities: The chief amongst them were Robert a Monk, whom he made first Bishop of London, and then Archbishop of Canterbury; and William his Chaplain, whom he made Bishop of Dorchester, with other Military men, which he placed upon the Borders to defend them against the Welsh. Then the English under this King, and the Normans which he brought in, began to lay aside the English Rites and Customs, and in many things to imitate the French; Ibid. b. n. 10. And the English, according to his Example, they speak French, and imitate their Usages, and are ashamed of their own. the chief and great men to speak French in their Courts and Houses, as a great piece of State and Breeding, to make their Charters, Deeds, and Writings, after the French manner, ashamed of their own Usages and Customs, in these and many other things. [4.] Ibidem. A. D. 1051. fol. 510. a.n. 50. He remits the Tax called Dane-geld. About the eighth year of his Reign, there being a great Scarcity and Famine, he then remitted for ever the Tax called Dane-geld, it having been continued eight and thirty years, from the first time that it was paid by Ethelred to King Swain. The English began [5.] Malmsb ut sup. n. 40.50 The English murmur at the Preferment of the Normans. to murmur at the Preferments of the Normans, and took it ill, that Strangers should enjoy such places of Trust and Dignity; on the contrary, the Normans stomached the English defended themselves, and [6.] Ibidem. They calumniate the English, especially Godwin and his Sons. f. 46. a. n. 40, 50 calumniated them, especially (b) This mighty Earl was a Cowherds Son, advanced by Cnute, whose Sister he had married, she being dead, he married a second Wife, says Malmsbury, but of what Stock not known, by her he had six Sons, [8.] Sim. Dun. A. D. 1051. Flor. of Worcest. the same year, fol. 1627. Swain, Harold, Wulnoth, Tosti, Girth, Leofwin, he himself was Earl of Kent, the South and Westsaxons, Sussex, Hampshire, Dorsetshire, Devonshire, and Cornwall; Swain was Earl of Oxfordshire, Berkeshire, Gloucestershire, Herefordshire, and Somersetshire. Harold was Earl of Essex, Suffolk, Norfolk, Cambridge, and Huntingtonshires', Wulnoth and Hacun Son of Swain, were Hostages, with William Earl of Normandy, for Godwin's good behaviour towards King Edward; after Siward's death Tosti was made Earl of Northumberland, and Girth and Leofwin possessed other places. Godwin and his Sons; That they were insolent toward the King and his Friends, and usurped an equal share in the Government; that they trifled with, and abused the King's honest Intentions and Simplicity, and made Jests on him. Edward the Consessor. A. D. 1051. These Factions and Animosities at Court were notably heightened by the following Accident. [7.] Ib. b. n. 20. Eustace Earl of Boulogne, comes to visit King Edward. Upon his return, one of his Harbingers quarrels with a Townsman of Dover or Canterbury, and is slain. Eustace and his Followers kill 21 of his Townsmen. Eustace the Elder, Earl of Balloigne, who had married Goda Sister by the Father's side to King Edward, came into England to visit him, and returning homeward, at Canterbury as some report, at Dover as others, one of his Harbingers unadvisedly quarrelled with a Townsman or Citizen about Lodgings he was to take up for his Master and Retinue, was by him slain; the Earl, to revenge his Servant's death, and his Followers, kill several of the Townsmen, they flocking together for their own defence, assault Eustace and his People, and slay one and twenty of them; he immediately posts to Court, and makes his complaint to the King, of the Injuries received, who being incensed, and the Master aggravated by the Norman Courtiers, Godwin was (c) Florence of Worcester reports, That Godwin being much moved, and very angry that such things were done in his County or Government, he and his Sons in their several Counties raised a mighty Army, of which the King taking notice, and being affrighted, sent to Leofric and Siward to come to him, being in great danger, with what Forces they could raise, etc. A. D. 1051. fol. 627. sent for, and commanded to march into Kent with an Army, and punish the People of Canterbury or Dover; (who had likewise made their Complaints, Complaints on both sides come to the King. Godwin is commanded to punish the People of Canterbury or Dover. He refuseth unless both parties were heard. and represented their Case to him as their Earl) he, troubled to see Strangers more favoured by the King than Natives, advised him first to summon the Chief men of the Town into his Court, and charge them with Sedition, where both Parties might be heard, that if found in fault, they might by Fine or loss of Life, satisfy the King, whose Peace they had broken, and the Count whom they had injured; or if otherwise, they might be acquitted; until this were done he refused to punish by Hostile Force, and unheard, those of his own Country, which by his Office he was rather bound to defend. He is summoned to answer his refusal before the Peers. The King not pleased with his refusal, ordered an Assembly of the Peers at Gloucester, where the matter might be fully debated; thither came the two great and famous Earls Leofric of the Mercians, and Siward of the Northumbrians, and all the Nobility of England, except [9.] Malms. de Gest. R. R. fol. 45. b. n. 40. Godwin comes with an Army. Godwin, who suspected his own Cause, or the Violence of his Adversaries, with his two Sons Swain and Harold, came with a great Army, raised in his own and their Earldoms, (under pretence of subduing the Welsh) the King knowing of his arming, Leofric and Siward at the King's request oppose him. desired the assistance of Leofric and Siward, who raising the force of their Countries, checked Godwin's design, who not knowing of this force, boldly demanded [1.] Sim. Dunelm. A. D. 1051. Eustace and his Followers; the King delayed him with fair answers, until the Mercians and Northern men advanced, who were eager of fight. But Leofric and the more wise men interposed between the King and Godwin, that Hostages given on both sides, the cause should be again debated at London, whither the King and Lords coming with their Army, send for Godwin and his Sons, who with their Forces were come to Southwark, Servitium militum. Quos per Angliam habebant Regi contradere. Malmsb. f. 56. a. Lin. 1. Godwin and his Sons banished. commanding their appearance with twelve Attendants only; they refuse to appear before their Adversaries without Hostages, yet deny not to disband their Soldiers, or consign or make over their Service to the King, or in any thing else to obey the King, that might be agreeable to their Honour and Safety, this answer not satisfying the King, Godwin and his Sons by Edict within five days, was to departed the Land, who perceiving his numbers falling off, readily obeyed, and with his Wife Gytha, and three Sons, Swain, Edward the Confessor. A. D. 1052. Tosti and Girth, passed over into Flanders to Earl Baldwin, whose Daughter Judith [2.] Brompt. col. 943. Edward sends his Queen into a Nunnery. Tosti had married; his Sons Harold and Leofwin taking Ship at Bristol, passed over into Ireland: They depart into Flanders. Edward pursuing his anger against Godwin, put away his Wife, Edith his Daughter, and with one Maid only, sent her to the Nunnery of Warewell, to be kept there by the Abbess. [3.] Ingulph. Hist. 510. b. William Duke of Norman●y comes into England. An. Dom. About this time William Duke of Normandy, with a great train of Followers, coming into England, was honourably entertained by Edward, and had many of the Cities and Castles shown unto him, although at that time there was no discourse of Succession between them, after some time spent liere, being richly presented, he returned home. Emme the Mother of Edward died, and was buried at Winchester, A. D. 1052. Emme King Edward's Mother dies: She undergoes Fire-Ordale. See the Glossary in the word. The Crimes objected to her. Godwin in the Life of Robert Archbishop, confutes this Story, and argues it of falsehood, p. 80. and makes it appear idle. who for all her great Virtues escaped not the Malice of her Enemies, although she either fortunately or miraculously (if the Story be true) escaped burning by Fire-Ordale. Her chief Enemy was Robert Archbishop of Canterbury, the Crimes objected, were her consenting to the death of her Son Alfred, that she had a greater affection for her Danish, than English Children; and Incontinency with Alwine Bishop of Winchester, but having blindfolded and barefooted, passed and stepped over and between nine Ploughshares red hot, without hurt or burning, not touching any of them, in the presence of her Son, and many of his Peers, by her thankful and humble demeanour toward God and the World, she recovered the good opinion of King and People. [4.] Sim. Dunel. A. D. 1052. Godwin and his Sons infest the Coasts, and come up the Thames. And draw together a Land-Army. The K. marched towards them with his Army. During their Exile, Godwin and his Sons, much infested the Coasts of England in the West and South; at last Harold joining with his Father, came up the Thames toward London with their Fleet, where a Land Army of Londoners and Countrymen out of their several Earldoms, met them at Southwark, which by their Agents and Emissaries, under many fair Pretences and Suggestions, they had drawn together; the King being then in London, marched and advanced his Army and Fleet against Godwin's; the Fleets being placed on the contrary sides of the River, and the Armies on the contrary Banks, the chief men on both Parties being English, had no great Stomaches to fight one against the other, but rather thought it more Prudence to mediate between the King and Godwin, The Differences composed without Battle. Eadmen. fol. 4. which they did, and brought them to an accommodation. But the King suspecting Godwin's Subtlety and Instability, would not consent to Peace, before Wulnoth the Son of Godwin, and Hacun the Son of Swain, were delivered Hostages for his good behaviour to William Duke of Normandy, Godwin and his Sons restored. and then he and his Sons were restored to all their former Rights and Enjoyments, except Swain, who troubled in Conscience for the Murder of his Kinsman Beorn, went to Jerusalem Barefoot, and in his return died. Edward also received his Queen Edith, Godwin's Daughter, in the same Dignity she was before. This done, the Normans who had given the King ill Council, and under his Authority done many unjust things. [5.] John ●romp●on. Robert Archbishop of Canterbury, The Normans banished. William Bishop of London, Vls. of Dorcester, etc. were banished the Realm. [6] B●pt col. ●4●. A. D. ●0●3. Edw. Con ●● Robert Archbishop died beyond Sea, but William for his excellent goodness, a little while after, was recalled from banishment, and restored to his Bishopric. Soon after Earl [7.] Sim. Dunelm. A. D. 1053. Godwin di●s. Eadmer. fol. 4. Fol. 510. b. n. 30, 40 Godwin sitting with the King at Table, taken Speechless, sunk down suddenly in his seat as dead, his three Sons Harold, Tosti and Girth carrying him into the King's Chamber, in hopes he might revive, but the fifth day after he died. By Ingulph and others 'tis storied, that Edward (as he sat at Table) reproving him for the death of his Brother Alfred, he took a Morsel, and wished it might choke him if he were guilty, with which, endeavouring to swallow it, he was choked. And his [8.] Earldom of Kent and West-Saxony, was given to his Son Harold, and his to Algar Son of Leo●ric. Macbeth vanquished by Siward Earl of Northumber. Siward the stout Earl of Northumberland, by the King's order, made an Expedition into Scotland, vanquished the Tyrant [9.] Sim. Dunelm. A. D. 1054. Macbeth, and made Malcolme, Son to the King of Cumberland, King of Scotland; within two years after this great action, Siward dies, and Tosti Brother to Harold was made Earl of [1.] Ingulph. ut sup. A. D. 1056. Earl Algar banished, recovers his Earldom by assitance of Griff. King of Wales. Northumberland. About this time Earl Algan was banished without a cause, but invading England, with the assistance of Griffin King of Wales, he was restored to the King's favour. [2.] Sim. Dunelm. A. D. 1057. Edward first Son of Edmund Ironsides sent for into Hungary. A. D. 1058. Ingulph. Hist. 511. a. Algar is banished, and again recovers his Earldom. King Edward now sent into Hungary for his Nephew Edward Son to Edmund Ironside, who as he was right Heir to the Crown, so he intended to make him his Successor, but he died not long after he came into England; in this year good old Leo●ric commonly styled Earl of Leicester, but indeed Earl of Mercia died, a wise and prudent man, and Algar his Son succeeded him in his Earldom, whom Edward banished the second time, but again by the aid of Griffin, and a Fleet from Norway, by force recovered his Earldom, in the year following he dies and leaves Edwin and Morear his Sons. [3.] Sim. Dun. A. D. 1063. 1064. Ingulph. A. D. 1063. Griffin King of Wales overcome by Harold. The Welsh under the conduct of Griffin their King, invade and harass those parts of England next Wales, but vanquished and overcome by Harold, and his Brother Tosti, at the King's appointment, they submit and promise to pay Tribute, depose and kill their King. [4.] Ingulph. A. D. 1065. Fol. 511. b. n. 30. Edward gives Wales to Griffin's Brother's Blechgent and Rithwalan, who swore Fidelity to him by Harold his Representative, promising all ready Service by Sea and Land, and to pay whatever used to be paid to the Kings of England. Tosti returning into Northumberland, (which was then accounted all that part of England beyond Humber Northwards) used the People severely, and [5.] Sim. Dun. A. D. 1069. The Northumbrians Tumult against Tosti. Harold sent to appease them. imposed high and grievous Taxes upon them, committing many Outrages, the People run to Arms, beset his Palace, kill his Soldiers and Servants, Plunder it, and force him to fly for his life, thus urged by danger and Tumult, Tosti Petitions the King to send his Brother Harold and others, to hear Matters in difference between him and the People, who endeavouring to reconcile them, the People would not be persuaded to admit Tosti for their Earl, but by the help of Edwin Earl of Mercia expelled him, Edward the Confessor. A. D. 1065. and then Morcar they chose for their Earl, at the King's command. Edward now growing infirm with Age, having no Children, By the help of Edwin Earl of Mercia, they expel and reject him. And by the Kings command they choose Morcar for their Earl. Ingulph f. 511. b. n. 30. Edward declares William Duke of Normandy his Successor. thought not Edgar Atheling Son of Edward, called the Outlaw, Son of Edmund Ironside, the right Heir, either fit for the Crown and Government, or able to bear up against the Power and Violence of Godwin's Sons, and therefore declared William Duke of Normandy his Cousin-German by the Mother-side, his Successor; and of his intention to do so, he had given him private intimation before by Harold and others, who with all readiness promised to give him their assistance to obtain the Crown. [6.] De Ducib. Norman. lib. 6. c. 31. Gemiticensis says he first sent Robert Archbishop of Canterbury to give him notice of his intention, and afterward sent Harold to do him Fealty concerning the expectation of the Crown, and confirm Edward's Grant by Oath. [6.] Gul. Pictav. fol. 181. D. & 191. A. Gul. Pictavenses says the same, and adds further, that his Brother and Brother's Son remained Hostages for the Security of this Succession, and that this was done by the consent of Edward's great men, A. D. 1066. alias 1065. and dies. The broad Seal first used. Lamb. peramb. Kent. or the English Nobility; on Christmas time this year he sickened and died, and was buried in the Abbey of Westminster, which he had founded, or at least re-edified, and by Charter granted to it many Immunities and Privileges, to which was annexed the first great Seal used in England. He was a quiet Prince, had a great kindness for the Clergy, and much governed by them, so nothing considerable passed in Church-affairs in his Reign. Edward the Confessor being dead, Harold Son of Godwin, A. D. 1065. Ingulph. in that year. fol. 511. b. Gesta Gul. de fol. 191. A. De Duc. Nor. lib. 6. c. 31. He died on the Eve of Epiphaphany. Ib. fol. 512. A. and then Earl of Kent and West-Saxony, who had formerly (d) Eadmer reports, that after the death of his Father Earl Godwin, Fol. 4, 5. See Notes in Edward's letter. b. Seld. Note on Eadmer. fol. 163. Eadmer fol. 5. Gemitticen. de duc. Norman. l. 6. c. 31. he asked leave of the King to pass into Normandy, and fetch home is Brother Wulnoth and Nephew Hacon, who were there Hostages, and that he was driven by Storm into the River Maia, in the Earldom of Ponthieu in Picardy, bordering upon Normandy, where by Earl Guido he was made Prisoner: Harold sends to William Earl of Normandy, and gives him an account what had happened to him, who forthwith commands the Earl of Ponthieu to send Harold unto him, if he would enjoy his accustomed Friendship, and being sent after a second threatening Message, he is honourably received of William, who in a short time propounded to him, that if King Edward should give him England, he would keep for him the Castle of Dover, with the Well of Water to assist him in obtaining the Kingdom, and promise to marry his Daughter, than he should have the liberty of his Brother and Nephew, and whatever else he could reasonably ask, when he had Possession of the Kingdom. Harold knew the danger in consenting to these things, yet knew not how to escape if he should refuse them, he therefore swore upon all the Relics of the Saints produced by William, Mat. Paris, fol. 2, etc. A. D. Annal. 1066. Ibid. Eadmer fol. 5. n. 30. that he would perform them. gone, or rather was sent by King Edward over into Normandy to Duke William, according to William of Poitiers, and there had sworn, after the death of Edward, to marry his Daughter, and preserve the Kingdom for him. Gemetricensis says, upon these Conditions he offered to give him in Marriage, his Daughter Alice, and half the Kingdom. The day after the King's Funeral, contrary to his Oath and Faith given, invades the Throne, and was solemnly Crowned by (e) 'Tis generally said by our common Historians, that he invaded the Throne, and crowned himself without the assistance of a Bishop, which made the Pope and Clergy his enemies ever after; but Hoveden, as here Ingulph, says he was crowned by this Alfred, and Eadmer and Hoveden both say he was designed Successor by King Edward. Aldred Archbishop of York, Harold. A. D. 1065. and for the time he enjoyed it, (which was nine months only) behaved himself worthily with great Courage and Justice. William hearing what was done, sends Messengers to expostulate with Harold, Gul. Pictav. 220. B. and let him know that he had broken his Oath, and not performed his Agreement and Promises, and to require from him some just means of accommodation between them; but Harold claims the Crown upon a Grant from Edward upon his Deathbed, later than that of William, scarce vouchsafes his Ambassador's Audience, denies the Agreement, (f) Saying he could not dispose of a Kingdom that was not then his, nor do that, or with conveniency Marry without the advice of his Nobility. Ibidem. Gemit. de duc. Nor. l 6. c. 32. Ingulph. 510. b. excuseth his Promises, slights and neglects all just means of Compromise offered; and then when the Summer was almost spent by an ineffectual intercourse of Messengers and Messages, (g) Or as some say, he consented to hold the Kingdom as his Feudary. William appeals and refers this Affair to the Pope, who examining his pretences, Ib. Ingulphus. animates and sends him a Banner in token of Victory. Harold in the mean time, little valuing the Pope's Judgement and Sentence, gathers an Army, secures the Ports, and more especially pursues his Brothers. (h) By Instigation of, and confederacy with William he hating his Brother Harold, and they marrying two Sisters, the Daughters of the Earl of Flanders. Tosto daily infesting the Coasts, who sailing Northward, and joining with Harold, (i) As he was roving up and down the Coasts of Scotland, and North part of England, King Edwin Earl of Mercia, sometimes called Earl of Chester, Morcar of Northumberland, sometimes called Earl of York▪ both Sons of A●gar, eldest Son of Leofric Earl of Mercia, Ibidem. Malms. in Guliel. 1. fol. 56. b. sometime Earl of Leicester. Harfager King of Norway, with a Fleet of 200 Ships, came into the mouth of Humber, and up the River Ouse almost to York, where landing a numerous Army, they assault, take and sack the City, committing a mighty slaughter. Ibidem. ᵏ Edwin and Morcar, both Earls and Brethren, with what Forces they could suddenly bring together, advance toward them, but were soon repelled by them, they being more in number and better armed. At length Harold comes up with a Potent Army, and gives them Battle at (l) Alias Battle Bridge upon the River Derwent not far from York. Stanford Bridge, where though the Norwegians made a stout and obstinate resistance, yet at length the English obtained the Victory, Harfager and Tosto, with the greatest part of their Army, being slain, and most of their Fleet taken, only Oslaus Harfager's Son, and Paul Earl of Orcadeses had liberty to departed with twenty Ships, they leaving a vast (m) Here was so much Gold as seven lusty young men could carry, besides other rich Spoils, all which Harold taking to his own use, disgusted his Army. Treasure behind them. Gul. Pictav. 197. A. 198. A William was not idle all this while, but calling together the great men of his Country, consults with them, and propounds the Conquest of England to the chief of them, who dissuade him from the attempt, as a thing too difficult to be effected, and beyond the Power and Force of Normandy; and which might change the excellent State of their Country into a miserable Condition. Gul. Pictav. 197. A. B. There were then in Normandy, besides Bishops and Abbots, several Laymen, knowing and able to advise; such were Robert Earl of Mortaign, half Brother to William, Robert Earl of Ou, Richard Earl of Eureux, Son of Robert Archbishop of Rouen, Roger Beaumond, Roger Montgomery, William Fitzh-Osborn, Hugo vicecom Ibidem. and Viscount Hugh, these he consulted with, but so as the result of all things was left to the Duke himself, how many Ships to equip, and with what Men and Arms, and at length every one cheerfully makes ready what was charged upon him, according to his Possessions, and the value of his Estate, and having prepared a great number of Ships, and a great Army of Normans, Flemings, Malms. de gest Reg. fol. 56. a. n. 50. Ge●er. de duc. Nor. l. 6. c. 34. French, Poictovins, Aquitans, and Britan's, both Horse and Foot, after some stay for a wind at the mouth of the River Dive, he fell down to, and set sail from St. (n) Now St. Valery upon the River of Soame in Picardy. Waleric or Gualeric, with a gentle Gale, and landed at Pevensey in Sussex, erected a Fort there, to secure his Ships and their retreat, (o) 'Tis said by Cambden he burned all his Ships, that he might cut off from his Soldiers all hopes of Safety by flight; if so, Britan. fol. 106 He had it out of the Manuscript History of Battle Abbey in Bib. cotton. sob Effigy Domitian. A. 2. fol. 1. Malms. Will. 1. fol. 57 Dunel. Brompton. A. D. 1066. Gesta Guliel. Ducis f 202. D. In Will. 1.56. b. 57 b. certainly he designed no place of Safety for a retreat, or to secure his Ships. wherein he placed a Garrison, Gul. Pictav. Gesta Gul. Ducis fol. 199. c. and marching from thence to Hastings, he raiseth another Fortification for the same Purposes, and Garrisons that likewise, and then declares the Causes of the War; first for revenging the death of his Kinsman, Brompt. col. 958. (p) Son to Ethelred, and younger Brother of Edw. the Confessor to Emme. Alfred whom Godwin Harold's Father and his Sons had cut off with many Normans: Secondly, to chastise Harold for banishing Robert Archbishop of Canterbury, and other Normans out of England; and Thirdly, to gain the Kingdom from Harold which he had possessed by Perjury, and to which he had no right, it being his by Grant, by nearness (q) It could hardly be thought his Army should consist of raw Soldiers, for Malmsbury Sim. Dunel. and Brompton reports from Gulielm. Pictaviensis, that the main Body of it remained impregnable against all the Assaults and Charges of the Enemies, until by a Counterfeit retreat, which the English thought a flight, and followed them, by which means they opened their close Order, when the Normans suddenly faceing about, charged and broke them in pieces, scattered them, and obtained the Victory, etc. of kindred, and promise of Obedience and Subjection, he restrained his Army from Plundering, Malmsb. in Will. 1. f. 56. b. telling them they ought to spare those things which were suddenly to be their own, and for fifteen days they behaved themselves so quietly, as if they thought not of War. The News of this Descent of the Normans in Sussex, Ingulph. f. 512. quickly came to Harold by several Messengers, who puffed up with his late Victory, dreamed of the like success for the future, and refusing the Terms offered him by William's Envoy, Malms. ut sup. a Monk (either to quit his Pretences to the Kingdom, or hold it as his Viceroy, Gul. Pictav. fol. 200. c. or that they two by Combat for the sparing the Effusion of Blood in the sight of both Armies, might decide and end the Controversy) in great haste with a small part only of his Army, he came near unto Hastings, Ingulph. Ibid. and having gathered together the Countrypeople, form of them a (q) It could hardly be thought his Army should consist of raw Soldiers, for Malmsbury Sim. Dunel. and Brompton reports from Gulielm. Pictaviensis, that the main Body of it remained impregnable against all the Assaults and Charges of the Enemies, until by a Counterfeit retreat, which the English thought a flight, and followed them, by which means they opened their close Order, when the Normans suddenly faceing about, charged and broke them in pieces, scattered them, and obtained the Victory, etc. rude and undisciplined Army, stayed not for his Northern Forces, but next morning gives (r) On the fourteenth of October, not many days after the Battle at Stanford-bridge. Earl William Battle, and fight valiantly all day until evening, often as a common Soldier hand to hand with his Enemies, at length about twilight upon a Hill, whither he had retreated, he was shot through the head with an Arrow, and slain, together with his Brothers Gurth and Lefwin, and most of the English Nobility here present. (s) Malmsbury says they were not there, but being appointed by Harold (he posting before to meet the Normans) to bring the Riches and Spoils taken in the last Battle to London, where hearing that Harold was slain, they courted the People to make one of them King, he also there says, that the other great men would have chosen Edgar King, if the Bishops would have consented, but by reason of the present danger, and their Domestic Dissensions, it could not be effected. Then Edwin and Morcar, with some few others that escaped, came to London, and sent their Sister Algith the Queen, and Wife to Harold, Sim. Dunelm. A. D. 1066. into the remote parts of the Nation, and consulted with Aldred Archbishop of York, the Citizens and Seamen, to make Edgar Atheling King, but while they provided and prepared to oppose William, the two Earls with their Forces, withdrew themselves into their own Countries. THE PREFACE TO THE Norman History. AS the Saxons that conquered England were a miscellaneous People, Vid. lib. 1. Of the Saxon Story. consisting of many Germane Nations, that went all by the name of Saxons. So also were the North, Nor, or * Berault. in Cust. Norm. form. fol. 2. Normans that first obtained that part of France, now called Normandy, a Collection of the several People that inhabited that great Tract called Scandinavia or Scandia, [1.] Enginhart. in vita Car. M. Cluver. Antiq. Germ. l. 1. c. 11 which was the most Northern part of old Germany, from whence their name, as Inhabitants of it. And it cannot want probability, but that some of the more Southern and Easterly People of Germany, their neighbours especially might also accompany them, though those marine Enterprises were first thought of, contrived, and undertaken by the Normans, under which name the Adventurers of other Nations were contained. The French Normans likewise that conquered this Nation, were assisted in that undertaking by the French, Flemings, Br●tains, Poictovins, Anjovins, and other Nations of France, and some from Germany under great Commanders, though perhaps most Volunteers and Freebooters brought together by the mighty [2.] Gul. Pict. fol. 196. c. fol. 197. b. c. Fame of William Duke of Normandy, were all called Normans, and according to this diversity of Nations, divers Laws, Customs, and particular Usages have been found here, in France, Normandy, etc. though in general the old Germane Laws and Customs, (which were most of them feudal) did every where obtain, as appears by the several old Charters of Emperors and Princes, and Customaries of most of the Provinces and Towns of France, and other Countries. In the first part of the Saxon History, I have endeavoured to show what were the Laws and Usages of this Nation, and from whence they were brought to us before the Conquest. It follows in order that I say something of the Laws and Legal Usages after the Conquest, Perfect Form of Law preceding, not known what it was in the Saxon times before I enter upon the Norman Story. But as an exact and perfect Form of proceeding in Law Cases in the English-Saxon times before the Conquest, [3.] In praesat. ad Script. 10. dat. 10. Maii 1652. fol. 43. Mr. Selden saith is not where to be found, so neither for a short time after, doth the very exact way and manner of proceeding appear. The times and places of such Decisions, and before what Persons made, are very evident, both before and after the Norman Government, but not the method of pleading in, and managing of those Controversies. Nor the Execution of the Sentence, especially in Cases Civil are so very clear. The Controversy between Lanfranc and Odo for Lands belonging to the Church of Canterbury. The first Case we find after the Conquest, and before the Survey, or at least the completing of (a) For there in the Manner of Estoches or Stokes, under the Title of the Bishop of Rochester's Lands in Kent it is thus said, Dirationavit illud Lanfrancus contra Bajocensem Episcopum & inde est modo Saisita Roffensis Ecclesia. Doomesday-book, is the most famous Controversy between Lanfranc Archbishop of Canterbury, and Odo Bishop of Bayeux in Normandy, and Earl of Kent, half Brother to the Conqueror by the Mother; [4.] Eadmer fol. 9 n. 30. who by his great Power and Rapine amongst other Lands, had possessed himself of [5.] Not. in Eadm. fol. 198. n. 20. twenty five Manners belonging to Endowment of the Church of Canterbury, and had also usurped many Privileges and Customs appertaining to the same. Lanfranc complains to the Conqueror, and Sues for redress, who directs his [6.] Append. n. 2. A Writ or Precept from William the First to the Nobility. Commission, Warrant, or Precept to himself, Goisfrid Bishop of Constance in Normandy, (b) For Robert Earl of Ou, and Hugh Montfort. See in William the First, Fol. 1, 2. Robert Earl of Ou, (c) Richard Son of Earl Gilbert, [1.] Gemet. lib. 8. c. 15. B C. Or de Tonebrige. had, as it was then reported by ancient People, Tunbridge in Kent in lieu of Brion a strong Castle in Normandy, and a League or three Miles round, measured out with the same Rope brought into England, that the Precincts of Brion were, being likewise three Miles round it. He is sometimes called Richard de Tunbridge, and sometimes Richard de Benefacta, [2.] Script. Norm. f. 1085. or de Clarae. [3.] Ib. & Gemet. l 8. c. 37. The Earls of Clare and Pembroke their Original. He was Son to Gilbert Earl of Brion, and Ou whose Father was Godefrid, natural Son of Richard the First, Duke of Normandy. This Richard married Rohais Daughter of Walter Giffard, from whom issued the Earls of Clare and Pembroke. Richard Son of Earl Gilbert, Hugh Montfort or de Monte forti, and others his great men of England, to summon his Sheriffs, and by his command to order them to restore to the Bishoprics and Abbeys all their Lands, The Conqueror commands all Lands taken from Bishoprics and Abbeys to be restored. etc. which by lenity or fear the Bishops or Abbots had granted away, or which by Violence had been taken from them, and if willingly they did not restore them, that then they should constrain them to do it whither they would or not. [7.] Selden 's Notes on Eadmerus, from Textus Roffensis▪ fol. 198. By Virtue of which Commission or Precept, [8.] N. 10. Eadmer, f. 9 n. 40. the chief men of the County of Kent and of other Counties of England, were assembled on Pinenden▪ (d) Now Pikenden Heath near Aylesford in Kent; Si fuerint praemoniti ut conveniant ad [4.] Doomsday Tit. Kent, fol. 1. col. 2. Sciram ibunt usque ad Pinnedenam non longius. If the men of the three Monasteries of the Holy Trinity, St. Augustine, and St. Martin, that ought suit to the County Court, were summoned to it, they were to go to Pinnenden and no further, which was the usual place where it was holden. Heath, where the Pleas or Controversy between Lanfranc and Odo continued three days, and well it might, for there Lanfranc recovered [9.] Ibidem. twenty five Manners, with their Customs and Appurtenances, together with all Liberties and Customs of the Church of Canterbury, which were in debate between the King and the Archbishop in this Plea. [1.] Ib. f. 199. Lanfranc a Norman pleads his own Case, and recovers twenty five Manners. etc. to the Church of Canterbury. He recovers also the manner of Estoches or Stokes to the Church of Rochester. Richard Son of Earl Gilbert. Goisfird Bishop of Constance was Justiciary, and in the place of the King, or represented him, Lanfranc pleaded his own Case, and by the whole County it was Recorded and adjudged, that as the King held his Lands Free and quiet in Dominico suo, in his demain and Possession, so did the Archbishop hold his. The same way of proceeding by virtue of the general Precept beforementioned is to be found in the History of the Church of Ely; The Plea of the Church of Ely, for the Recovery of its Lands. King William [2.] In Appeal n. 3. directs his Writ to all his Liege's or Tenants, and Sheriffs in whose Sherifwicks the Abbey of Ely had Lands, that it should have and enjoy all its Customs, etc. that it had the day that King Edward was living and dead, and as they were recovered and proved to belong to that Church by many Shires at Keneteford, (a Town in Suffolk near Newmarket) before his Barons. Several Writs are in the [3.] N. 4, 5, 6, 7, 8. Appendix, touching the Lands and Customs belonging to the Abbey of Ely; That such Normans as had seized, or invaded any of them, were to restore them. In [4.] Warwic scire, Terra Episcopi de W●recestre, f. 238. b. col. 1. The Bishop of Worcester's Plea. Doomsday Book 'tis Recorded that the Bishop of Worcester, the Famous Wulstan by Plea, and by force of the same general Writ, in the presence of four Counties or Shires, before Queen Maud, recovered seven Hides and half of Land in Alvestone, and that thereof he had the Writ or Chart of King William, and Testimony of the County of Warwick. In Alvestone, tenuit Britnodus & Alwi septem hid. & dimid. T. R. E. Sed Comitatus nescit de quo tenuerit, Wulstanus autem Episcopus dicit se hanc Terram deplacitasse, coram Regina Matilde in presentia quatuor vice-comitatuum & inde habet Breves Regis W. & Testimonium Comitatus Warwick. By these Instances it appears, That the Pleas for Church-Lands, were generally held before all or most of the Counties summoned together, in which the Lands lay, and that the English were called thither to give Testimoy, whether they belonged to those Churches in the time of King Edward, for no others could be competent Witnesses, being all Strangers to the thing in question. There are likewise many Instances to be found in Doomsday, of this way of proceeding, and Trial of Titles in the County, Hundred, Wapentack, or Trihing; under the Title of Clamores in (e) treading or riding, not improbably from Trihinga, which was a portion of a County that contained three or four Hundreds, * Ll. ●d. Confessor. c. 34. to which portion of a County, there was an Appeal from the Hundred, and from that to the County. Sudtreding Lincoliae. In Tadevill, Trials for Tithes of Lands in the Hundred or Warpentack in the Conqueror's time. Hundred. clamant homines Episcopi Bajocensis Carucatam Terrae super Robertum Dispensatorem & homines de Wapentack dicunt quod ipse Episcopus jure debet habere; and in the same Hundred, there under the same Title, Clamant homines ejusdem Episcopi, super Hugonem Comitem tres Bovatas Terrae, & Wapentack dicit quod ipse Episcopus debet habere. In the same Title there is also an Appeal from the Hundred to the County, in a Plea between Gilbert de Gund, and Norman de Areci, both claiming upon William de Percy twelve (f) An Oxgange or Oxgate auncienly, [1.] Spelm. Glossar. in verbo. A Bovate or Oxgange of Land what. as much as one, or a pair of Oxen could Plough or keep in Husbandry tilth in a year, or as much as they could Plough in a day sometimes; but here it is to be taken in the first sense, by some accounted eighteen Acres, by others but thirteen, but as Carucates and other Portions of Land, was uncertain according to the Soil, which was harder or easier to Plough. Bovates of Land, which concludes thus: Sed Wapentack & comitatus dicunt quod Gilbertus debet habere non Norman Willielmus, vero Percy tenet ea dono Regis. Sicut tenuit Robertus Filius Stigandi. And in the Title of Clamores in Kesteven (a part of Lincolnshire) there is a claim referred to the King's Court, Clamores quos Drogo de Bruera facit super Terras Morcari dimittunt (viz. the men of that Division) in judicio Regis, and there is also Recorded in a claim of Earl Alan upon Wido de Credon of fourteen Bovates, and given in by the same Persons, that Alger homo Alani dedit vadimonium Baronibus Regis (that is, such Barons as were Commissioners to make the Survey of this County) ad confirmandum per judicium aut per Bellum: See Bellum, and Judicium in the Glossary. That is, he gave Security to make good his Master's or Patron's claim by Ordeal or Battle. Doomsday, fol. 212. In Norfolk in Hund. & Dimid. de Clakeslosa Photestorp. Hanc Terram calumpniat esse (g) Libram. That is, it was not Churchland, or appendent to the Church, and so free for the Normans to seize on. liberam Vlchetel homo. (h) Hermerius de fenariis. Hermerii quocunque modo judicetur vel Bello vel Judicio, See Glossar. ut supra. & alius est praesto probare eo modo, quod jacuit ad Ecclesiam die qua Rex E. obiit. Sed totus Hundredus testatur, Eam fuisse T. R. E. ad Sanctam Adeld. In Norfolk the Hundred and half of Clakeslose * Since called Fodeston, or Foston a decayed Town. Photestorp Ulshetel the Vassal, Man, or Champion of Hermerius, claims this Land to be Free, which way soever it be tried, or judged by Battle or Ordeal, and there is another ready to prove the same way that it was Church Land, the day that King Edward died: But the whole Hundred witnesseth, that in the time of King Edward it was the Land of St. Audery, or the Abbey of Ely. In Doomsday, Clamores de (i) treading or Riding, from Trihinga as before, and the same with Lests in Kent, or Rapes in Sussex. See Ll. Ed. de Trighingis & Ledis, c. 34. These Trihings had their Thrihingerefas, their Governors or Reves, and what could not be determined in the Hundred or Wapentach, was ended here, and what could not be ended here, was determined in the Shire. North-treding, Everwicscrire, f. 374. col. 1. Sanctus Johannes de Beve●laco. Omnem Terram quam calumniabatur Drogo super Sanctum Johannem, Testificata est ad opus ipsius S. Johannis per homines de treading, & per Donum R. W. quod dedit S. Johanni tempore Adeldredi Archiepiscopi, de hoc habent Canonici sigillum Regis Ed. & R. Will. Canonici de Beve●laco. Ibidem, Clamores in Sub-treding Lincoliae. T. R. E. fuit saisitus Almar Antecessor Archiepiscopi Thomae, de soca x. Bovat in Ulingeham, hac terra fuit Code, & modo est Rayner de Brunon, & pro iii. lib. fuit invadiata T. R. E. & modo affirmant homines the treading quod Archiepiscopus jure debet habere, hanc socam quousque ei reddantur iii. lib. Almar was not here Antecessor to Thomas in the Archbishopric, for there never was one of that name Archbishop, but was his Antecessor in the Possession of the Soak, of these ten Bovates of Land, which Soak was Mortgaged, or the Gage assigned to the Archbishop (who was a Norman) for three Pounds. Ibidem. Clamores in North-Treding Lincoliae. In Limberge Clamat Ivo Tallebose super Regem, vi. Boxat. Terrae. Dicunt homines Comitatus, quod ipse debet habere Terram & Rex socam. Very many more Pleas there are of Titles, and for the Possession of Estates of different sorts, before the Counties, Hundreds, Wapentacks, Treding or Trihings in the Conqueror's Survey, but all between Normans and Normans, or those and King William, or between Bishops, Religious and ecclesiastics, and the King or Lay- Normans who had seized Church-Lands; and no Pleas of Titles between English Saxons, or between them (unless they were Churchmen or Religious) and Normans. Nor no such fabulous Pleas, as the pretended Plea of Sharnburn, of which more afterwards. From the Time of the Conqueror, A Writ from William Rufus for assembling the County. we proceed to the Reign of William Rufus, and in the very beginning of it we find this Writ or Precept directed to the Sheriff of Northamptonshire. [1.] Spelm. Gloss. verb. Tainland, ex lib. de Rams. Sect. 178. Willielmus Rex Angliae W. de * A Norman who came in with Conqu. vid. catalogue. Cahaniis salutem. Praecipio tibi ut facias convenire Shiram de Hamtonâ & judicio ejus cognosce, si Terra de Isham reddidit firmam Monachis Sancti Benedicti tempore patris mei, & si ita inventum fuerit, si in Dominio Abbatis: sit vero Tainlanda tunc fuisse invenietur, qui eam tenet de Abbate teneat & recognoscat. Quod si noluerit eam Abbas in Dominio habeat & vide ne clamor inde amplius ad nos redeat. Teste (l) This was William de Carile former Bishop of Duresm, and [4.] Malms. de Gestis Reg. fol. 67. b. n. 30. Justiciary of England in the beginning of Rufus his Reign. W. Episcopo Dunelm. There is also another Precept of this King cited by the same learned Sir [2.] Glossar. fol. 303. col. 1. A Trihing Court. Henry Spelman which runs thus. Willielmus Rex Anglorum H. Camerario salutem, facias convenire & consedere tres Hundredas' & dimid. apud (m) The place where the Hundred of Freebridge citra Lynn in Norfolk used to meet. Flicchamburch propter Terram illam de Holm quae pertinet ad Ringstedam & quam Abbas Ramesiae clamat ad victum & vestitum Monachorum suorum, & si Abbas poterit respondere ratione & Testimonio comprovincialium quod Antecessor illius eandem terram habuerit eâ die quâ pater meus fuit vivus & mortuus. Tunc praecipio ut illam Terram & omnia quae justè pertinent ad Abbatiam suam pacificè & honorificè habeat. Teste, (n) Roger Bigod was then neither Chancellor nor Justiciary of England, but Earl of Norfolk, in which County the Plea was held. R. Bigod apud Wendesoriam. To these may be added a Charter of Henry the First, A Charter of Henry the First for holding County and Hundred Assemblies. for the holding of County and Hundred Meetings, published [5.] Glossar. fol. 302. col. 2. by the same Author. Henricus Rex Anglorum (o) He was a Norman, and Canon of Baieux, made Bishop of [1.] Godw. de praes. An. f. 509. Worcester 1097. Samsoni Episcopo & (p) He is sometimes called Vrso de [2.] Dooms. in Wircestreshire. Wirecestre, and sometimes Vrso [3.] Dugd. Baron. f. 406. c. 2. Urso Vicecomes. Vicecomes, he being Hereditary Sheriff of Worcestershire, came in with the Conqueror, and had forty Hides of Land in Worcestershire, besides two Lordships in Warwickshire and one in Glocestershire. Vrsoni de Abitot & omnibus (q) Barones here [4.] Vid. Spel. Gloss. verbo Baro. are to be understood Milites, such as held by Military-Service, or Barones Minores, Lords of Towns or Manners, or perhaps Freeholders', which if any then, they were of better account, before Town-ships, Manners, and Lands were parceled but into small Divisions. Baronibus Francis, & Anglicis de Wircestrescira salutem. Sciatis quod concedo & praecipio ut amodo comitatus mei [5.] Godw. de praes. An. p. 233 & Hundreda in illis locis & eisdem Terminis sedeat, sicut sederunt in Tempore Regis Edvardi & non aliter. Ego enim quando voluero faciam ea satis summoneri propter mea dominica necessaria ad voluntatem meam. Et si quando exurgat placitum de divisione Terrarum: Si interest (r) Noble men, the King's Barons, such as held immediately of him. Barones meos Dominicos, tractetur placitum in curiâ m●â, & si inter ˢ Vavasores duorum Dominorum tractetur in comitatu, & hoc duello fiat nisi in eyes remanserit. Et volo & praecipio ut omnes de comitatu eant ad comitatum & Hundreda sicut fecerunt T. R. E. nec ramaneant, propter aliquam causam pacem meam, vel quietudinem, (here wants non habebunt I guess) qui non sequuntur placita mea & Judicia, mea sicut tunc Temporis fecissent. Teste R. (t) Richard de Beaumes a Norman consecrated, 5. 1108. Episcopo Londinensi, & R. Episcopo Ranulpho Cancellario & R. Comite de Mellent apud Radinge. Henry the First reserves a Power for his own business, to conv●ne the County or Hundred at pleasure. And reserves the Controversies of his great Barons to his own Court. Here Henry the First reserves a Power of convening the Hundred and County when he pleased for his own proper Business. And also reserves the Controversies of the great Barons that held immediately of him to be agitated in his own Court, permitting the Trials between the Vavasors or greater Tenants of two mean Lords to the County. This method of deciding Controversies and Variances, was in use in Henry the Second Reign, as appears by this [6.] Dugd Orig. Jurisd. fol. 23. col. 2. Writ. (u) He was * Gul. Pictav. 202. c. Son of Roger de Bellomont, [6.] Gemet. 3●2. A. B. Robert Earl of Leicester, who he was. Grandson to Turolf of Pont Adomar, by Weva Sister to Gunnora, first Concubine, than Wife to Richard the First, Duke of Normandy, Great Grandfather to the Conqueror. Robertus comes Legecestriae priori de Ely Salutem, Praecipio quod sine dilatione teneas plenum rectum Humfrido filio Gaufridi de terrâ Dunnigeland nisi sit feodum Militis & nisi remaneat pro Assiza Regis: Et nisi feceris, Episcopus de Ely faciat, & nisi fecerit ego faciam. Here the Earl of Leicester commands the Prior of Ely to do the Demandment right in his Court, which was probably a Court Baron, if not, the Bishop should in his Superior Court; and if neither, than he himself would do it. There needs no more Instances in a matter so apparent, and that never was disputed or denied. That for many King's Reigns, Trials for considerable Estates in Lands, Debts, * Bacon's use of the Law, etc. p. 37. under forty pounds' value, and almost all Controversies were had in the Court Baron, Hundred, or County Courts. [7.] Old Natur. Brev. fol. 2. Glan. l. 12. c 6. The Writ of Right was always brought first in the Lord's Court, of whom the Land held, [8.] Ib cap. 7. Writ of Right first brought in the Lord's Court, etc. and could not be taken from thence into the County, unless it were proved that the Lord failed in doing right; and without such proof, if they were removed, the Lord might resume them, and pass Judgement in his Court, where both the Demandant and Tenent agreed the Land in question to hold of the same lord [9.] Ib cap. 8. & lib. 3. cap. 7. But if they claimed to hold of divers Lords, the Case was then judged in the Court of the chief Lord, or the County Court in the presence of the Lords they claimed to hold of, who were summoned to be present at the Trial. * Glan. lib. 9 c. 8, 9, 10. The Lord of a Manner, his Right and Power over his Tenants. The Lord also of a Manner, by his own Right, without the King's or his chief Justiciaries Precept, had Power, by the Judgement of his Court, that is by the Presentment or Verdict of his Tenants or Suitors, to distrain his Tenants by their Goods, or Lands if need were, for his reasonable Aids, Reliefs, Services, and Customs. * Ibidem. But if the Lord were not powerful enough to do himself Right, against his Tenent in his own Court; then he had a Writ directed to the Sheriff to do him right in the County, before whom, if the Lord proved his Relief, Services, etc. to be his right, the Tenent was not only forced to pay them to his Lord, but was also fined to the Sheriff, more or less according to the Custom of the County. And as before the Conquest, Controversies between People of the same Jurisdiction, how. all matters between Persons under the same Jurisdiction were triable in the same; as all Actions of Debt, Trespass, Detinue, etc. * Dugd. Orig. Jurid. fol. 29, 31, etc. Spelm. Gloss. verb. commit. fol. 143. Bract. l. 3. c. 7. And where they were tried. were determined in every Decury, Tithing, or Township, between those of the same Tithing, Decury, or Township. But if the Parties litigant were of divers Townships, than the Controversy was determined in the Hundred, if they were of divers Hundreds, then in the Trihing, Lath, or County * Bracton. l. 3. cap. 7. Controversies between men of different Jurisdictions when and where tried. Suitors to the several Courts bound to appear under great Mulcts. where the Sheriff was Justiciary. And perhaps if they were of divers Counties, than they had right done them in the King's Court. So it was for Persons within the Jurisdiction of the same Manor, Hundred, or County; but if they were under the Jurisdiction of several Lords, Hundreds, or Counties, their Differences were determined by a Superior Court, whether it were the Court of the chief Lord, Sheriff, or King. And for the more certain doing of Justice and Right, all the Suitors within the Jurisdiction of the several Courts, especially those of the Hundred and County Court, [7.] Sp●lm. Gloss. 303. c. 1 Doomesd. Tit. Cestreshire in Derby hund. claus 3. H. 3. in dorso in 13. claus. 9 H 3. m. 11. in dorso. were bound to appear under Forfeitures, (*) [7.] Dooms. Tit. Cestreshire, Derby Hund. The Punishment of such as went not to the Shire and hund Motes Such as went not to the Scire mote, or County Court, without reasonable excuse, forfeited ten Shillings, which was more than ten pound at this time. Nor went to the Assembly of the Hundred, when commanded, lost five shillings. great Mulcts and Penalties, that there might be some present of the Neighbourhood or same Parish, who did know the Land, and things in question, and who had been possessed of it, and for what time. And to this purpose, in an Assize, if [8.] Glanv. l 2. cap. 1. & Grand Custom, c. 93. etc. 113. none of the Jurors (x) Milites [8.] Spel. Gloss. in verbo. who though according to the notion of our times, they were no Knights, yet they were of the better sort of People in the Country, and of the best Reputation, such as held by Knights or Military-Service. knew the Right itself, or truth of the Matter, and it were testified to the Court upon Oath, recourse was then had to others, until such were found who did know the truth, but if some of them did know the truth, and others not, those that knew it not were set aside, and others called into the Court, until twelve at the least should be found to agree therein. [9.] Ibidem Twelve at least ought to know the Thing in question. Also if some of them did speak for one of the Litigants, and some for the other, there were more added to them, until twelve at least did agree on one side; and every of them was to swear, being called thereto, that they should not say falsely, nor knowingly forbear to speak the truth. [1.] Glanv. l. 2. c. 17. and Grand Custom, c. 113. By their own proper view and hearing. And further, that such as were sworn might have the better understanding of the matter, it was required, that by their own proper view or hearing, they have had knowledge of the thing in question: And by [2.] Cap. 12. Magna Charta it appears that the Assizes or Trials of (y) [9.] Nometh. in Assize of Novel. Disseisin. Mort. de Ancester what. Where one was lately disseized or dispossessed of his Lands or Tenements, Rent, Office, etc. Novel Disseisin, and (z) [1.] Ib. in Assize de Mort. de Ancester. Where Father, Mother, Brother, Sister, etc. died seized or possessed of Lands, Tenements, etc. and a Stranger (according to the Law Phrase) abateth, that is, entereth upon them before the Heir takes Possession. Mort D'ancester were only to be taken in their (a) As in Normandy in their proper Balliages or bailiwicks which were answerable to our Counties before the Bailiff, who was Judge of the Assize there, Grand Custom, c. 93, & 98. proper Counties, and by Justices sent by the King, and the (b) This way of trying Titles by Juries, or something very like it, was used upon the making the general [2.] Selden. in praef. ad Eadmer. fol. 15. & Doomesd. Tit. clamores in Sudtreding &c Survey of England in the time of William the Conqueror, and not only so, but about that time, viz. about the year 1077, or 1078. There seems to have been [3.] Ingulph. Hist. Croyl. fol. 515. a. n. 50. Itinerant Justices appointed, to which purpose Ingulph who was made Abbot of Croyland [4.] Ib. Lin. 8. 1076. says. Nobis itaque in dictis tenementis coram regis ministris calumniam ponentibus dies Juridicus apud Stanordiam datus est, quo die cum regis Justiciarius pro negotiis aditurus. Knights of the Shire. At the time of making of [3.] Tit. Sudtreding in Lincolia. Kesteven, ib. and many others. Doomsday Book, or the general Survey of England, and for many years after, the Jurors passed their judgement, and gave in their Verdict according to Possession. For those that were then seized of Lands, had no other Title, than that they possessed them by the Gift or Permission of the Conqueror, as (c) In Doomsday 'tis so said frequently. by his Seal, Mortgages and Sales of Lands Registered in Counties, Hundreds, etc. or by being put into Possession by his Commissioners, or some other mediate Lord, who claimed from him, and then Possession and Right were almost the same thing; so that then every man's Right was easily determined. Especially when the [4.] Dugd. Origin. Jurisd. ●ol. 27, 28, 31▪ 93, 94. Cook Proem. to Report 3. ●omn. Gavelkind. p. 87. Doomesd. Tit. Clamores in Subtredinge Lincoliae, etc. Ibidem. Fines levied in County Courts, etc. Fines and Corcords, many before Justice's Itinerant. See Counties and Rolls of Assize. Conveyances, Assurances, Mortgages, Sales, etc. of Lands were registered and recorded in the Counties and Hundreds where they lay. As in the time of the Saxons, and the first Norman Kings was usual, of which there are many Instances in the Citations in the Margin, and many more might be produced. Fines also were then often levied, and Concord's made in the County Court before the Sheriff and other chief Gentlemen of the Country, and recorded there, as likewise in Courtbarons, before the Lord, etc. Dugd. Origin. Jurid. fol. 93.94, etc. And may be so to this day for Copyholds, where the Custom of the Manor will bear it: So that Sir Ed. Cook's Assertion that * Readins on Stat. de ●in. p. 2. Pleas held in Churches and Churchyards. Fines cannot be levied without original Writs, was not agreeable to the Practice of those ancient times. Besides set and determinate places in Hundreds and Counties for holding these Pleas, they were sometimes held [5.] Sim Dun. c. 35. Gervasius. Dorobern. col. 12 92. in Churches and Churchyards, until they were [6.] Spel. concil. 2. vol. A. D. 1287. inhibited; and from hence may be made out the meaning of that Passage in [2.] Col. 12 91. Gervasius Dorobernensis, concerning the South Door or Porch of the Cathedral Church of Canterbury, which so much [3.] Praef. ad Authores 10. fol. 42, 43, 44. perplexed Mr. Selden concerning Pleas ended there, that could not be determined in the Hundred, County, or King's Courts, which might be such as were usually defined in that place by the Civil or Imperial Law; [4.] Seld. dissert. ad Flet. ex Epistolà. Pet. Blessensis. c. 8. §. 1. f. 52 2. for in the time of Henry the Second, etc. in the Palace of Thomas Archbishop of Canterbury, there was a College of Students in the Cesarean Laws, [5.] Ibidem. to whom all the knotty Law Questions in the Kingdom were referred for Solution. This way of Trial [6.] Glanv. l. 2. c. 7. by Assize, and the Oaths of twelve good lawful men of the neighbourhood, by Verdict or Recognition, seems to have been introduced, or at least brought into more frequent practice in the time of King Henry the Second, [7] Ibidem. who vouchsafed the great Assize, as a Royal Benefit to the People, upon Consultation had with his Nobles; whereby in tenderness of Life, men might decline the doubtful success of Battle, and try their right to their free Tenement that way; before this way of Trial became frequent and universal, Battle, Duel, and Ordeal were very much used in Criminal and Civil Causes; the first to assert the Right and Title to Lands, Tenements, etc. And the latter to purge and acquit men from, or condemn them of Crimes of what nature soever, but especially such as were heinous or capitol. The last of which, according to [8.] In his Gloss. verb. Ordeal. Mr. Somner's account of the word, signifies an upright, just, and indifferent Judgement. See the first part of the Saxon Story. See Olaus Wormius de monument. Danicis. lib. 1. cap. 11. de Ordalio. This Law or way of Trial was abolished by [2.] Append. n. 9 a. Trial by Ordeal prohibited. Henry the Third in the third year of his Reign, with command to his Itinerant Justices through England, in regard it was prohibited by the Roman Church, that such as had committed Theft, Murders, Burning, and the like Offences, to whom belonged the Judgement of Fire and Water, should abjure the Realm. And those that had committed less Crimes, should find Sureties of the Peace, and left it to the discretion and Consciences of the Justices for that time, to proceed according to this order, his Council, not having made any certain provision in this Case; yet it seems not presently to have been disused, for [3.] Spelm. Gloss. fol. 435. col. 2. on Jan. 7.16. Hen. 3. by Inspeximus, the Grant of King John in the Second of his Reign, of Ordeal and Duel, was amongst other Privileges confirmed to God and the Church of Holy Trinity in Norwich. And very strange it is, what [4.] An. Dom. 1085. f. 12. n. 20 Mat. Paris reports of Remigius Bishop of Lincoln, that being accused of Treason, his Servant purged him by Fire Ordeal, by which means he was restored to the King's Favour, and the disgrace was wiped off. But by Glanvile it should seem that Duel or Combat was much used, if not most frequently for the trying of Right, before Henry the Second instituted, introduced, or revived the way of Trial by grand Assize, by [5.] Glanv. l. 2. c. 7. Henry the Second introduced or revived the Trial by twelve men. which in tenderness of Life, (as is said before) men might decline that doubtful success of Battle, and try their Right that way; and for the course of proceeding, in obtaining the Right of a Tenement by Duel or Grand Assize, Glanvile treats of [6.] Ib. in Tit. cap. 1. them both together, although he speaks first of Battle, as being most ancient. In this manner, [7.] Ibid. c. 3. after the view of the Land, and both Demandant and Tenant appearing in Court, the Demandant claimed thus; [8.] Ibidem. The manner of claiming by Battle in Civil Cases. I do demand against B. half a Knight's Fee, as my Right and Inheritance, as the Right of my Father, (or Grandfather) who was seized in his Demesne as of Fee, etc. And this I am ready to try, by this my Freeman D. And if any ill shall happen unto him, as Death, Sickness, or other Impediment before Battle, then by this or that Person (as many as he would) which were present and showed in Court, who had seen and heard of the thing in Controversy: or thus; and this I am ready to try, by this my Freeman D. unto whom his Father on his Deathbed enjoined upon the Duty of a Son, which he ought to him, that if at any time he should hear of a Suit for that Land, he should adventure himself by Combat to prove it, The Tenant had his choice to defend himself by Duel or Grand Assize. as that which his Father had seen and heard the claim of the Demandant; thus heard, it was in the [8.] choice of the Tenent to defend the same against the Demandant by Duel, or put himself upon the Great Assize of the King, and to require a * Enquest recognoisant. Grand Custom▪ c. 92. Recognition which of them had most Right in that Land. [9.] Ibidem. And if he would defend it by Duel, he was then obliged to defend himself against the claim of the Demandant, in the very words it was made, either by himself or some other fit Person: And that the Combat once waged, he that held the Land ought to defend it that way, and could not afterwards put himself upon the Great Assize. [1.] Ibidem. And note, before the Duel began, it was necessary for the Demandant to appear in Court, and have his Champion there ready to fight; nor might he bring any other, than one of those he first shown in the Court, upon whom he put the Dirationation, or proof of his Cause. [2.] Glanvile. lib. 2. c. 3. The Champion of the Demandant ought to be such an one as might be a ●it Witness; nor could the Demandant prosecute his Appeal in his own Person, because that could not be done, but by a fit Witness, who had heard of, and seen the thing in question. [3.] Ibidem. Note also that the Champion Defendant could not in the Court produce in his place any other to undertake the Combat, than his own Legitimate Son. [4.] Ibidem. But it often happened that a Champion was hired for reward to make Dirationation, or proof of the matter controverted; against whom, if the adverse Party should except that he was less fit, because he had taken a reward, or been hired; and being ready to prove the same against him, if he should deny it by himself, or by some Person who saw him take the Reward, Principale duellum remanebit. he should be heard, and the principal Duel was to remain, or be stayed. [5.] Ibidem. And if he was hereof convicted, and the Champion of the Plaintiff vanquished in Combat, than his Master or Patron lost his Suit, and the Champion, as being conquered, lost the Law of the Land, that is to say, afterwards he was never to be admitted in Court as a Witness to make proof, or Dirationation of any thing, for any other man by Battle. [6.] Ibidem. But for his own self, he might defend his own body, or prosecute an injury done to him, as breach of the King's Peace, and might also defend the Right of his Fee and Inheritance by Combat. [7.] Ibid. c. 3. In fine. The Punishment of a Recreant. The Battle ended, the vanquished Person was (d) This was a great Penalty in those days, and in the Saxon times one of the highest for great Crimes, as appears every where in their Laws. punished sixty shillings as a Recreant or Coward, and moreover lost the Law of the Land. [7.] Ibid. c. 3. In fine. The Punishment of a Recreant. And if the Champion of the Tenent or Defendant was overcome, his Lord, Patron, or Master, lost the Land claimed, with the Profits and Commodities found upon it at the time of Seisin. And could never afterwards be heard in Court again for the same; for those things that were determined in the King's Court by Duel, were to remain firm for ever; and thereupon a Precept was directed to the Sheriff, That the Victor should have the Land which by Combat was proved to be his, and should be put in Seisin of it by this [8.] Ibid. c. 4. A Writ of Seisin to the Victor after Battle. Writ. The King to the Sheriff Greeting, I command you, that without delay you cause M. to be seized, or give him Possession of one Hid of Land in such a Town, concerning which there have been a Plea or Controversy in my Court, because the said Hide of Land was adjudged to him in my Court by determination of Combat, witness Ranulph, etc. [9.] Ibid. c. 5. Thus it was if the Demandant prevailed in the Combat, but if his Champion were overcome, than the Tenent or Defendant was acquitted from his claim. Thus much Glanvil of Trial by Combat in Civil Cases. In Criminal Cases it was also used, Duel or Battle in Criminal Cases. but more especially in Appeals of Treason and Murder. And the manner of this Trial [1.] Lib. 3. c. 18 Bracton delivers, beginning thus, of those which are taken for any Crime or great Felony, as for the death of a man, etc. [2.] Ibid. n. 3. when the Delinquent was brought forth and accused in Court, and confessed the Crime, there was sufficient ground for a full and complete Judgement. But if he denied it, and any one Appealed him of the Crime, and that he did not except (e) There were many Exceptions to be taken▪ many several ways in this way of Trial; Exceptions against an Appellant. as first to the Person of the Appellant, that he was Outlawed, Perjured, a Condemned Person, or formerly had been Recreant, and not made good his Proof, etc. any of which were reason enough to put him by his challenge, if proved. against the Appellant, he had his choice whether he would be tried by his Country, whether guilty or not, or he might defend himself by his own body, that is by Battle; if he chose to be tried by the Country, and repent him of it, he could not try his Case by Duel, but must have it decided by the Country, and so on the contrary. And taking upon him to defend himself by Battle, [3.] Ibidem. The Judge by his Office ought to examine whether all things rightly concurred for the joining Battle; [4.] Ibidem. and if the Fact and Cause were sufficient, and all things concurred well to warrant the Combat, than the Appellate or Defendant gave Pledges or Security to defend himself, and the Appellant to disprove or dirationate him, and if the Appellate or Defendant were overcome, The Defendant, if overcome, lost his Estate and Goods. The Appellant, if vanquished, cast into Prison as a False Accuser. he suffered capital Punishment, and lost all his Estate and Goods. But if the Appellant were vanquished, he was committed to Prison to be punished as a False Accuser, yet he was not to lose either Life or Member, and then the Appellate being acquitted, receded from that Appeal, unless the Justices, upon any other Suspicion, thought fit to retain him. Of these Combats, in Cases Criminal, [5.] Selden de duello c. 11. some are for Trial of Crimes, against which the Law by (f) Segar in his [9.] Fol. 137. Honour Military and Civil, gives several Instances of Combats granted by the Kings of England, upon Accusation of Treasons between Party and Party, when the truth of the Cause could not be proved by witness or otherwise. ordinary course may proceed, and of these the Justices of the Kings-Bench have the ordering, Battle in Criminal Cases, under the direction of the Kings-Bench. Or Court of Chivalry. others for Purgation of Offences against Military Honour, and Treasons committed beyond the Seas, (anciently without Remedy by the Law of England) which the high Court of Chivalry has cognisance of, by Law of Arms. Those in Civil Causes were [6.] Dugd. Origin. Jurid. fol. 6. under the disposition of Itinerant Justices, or the Justices of Common-Pleas. In Civil Cases under the disposition of the Common Pleas. For the Bill of Challenge, the Ceremonies in Arming the Combatants, fitting and allowing their Weapons, the preparing the Lists, the Introduction of the Approver and Defendant of their Oaths upon matter of Fact, which were contradictory word for word to one another; the Office of the Constable and Marshal, and other Circumstances Preparatory to the Combat, See old Customs of Normandy, c. 68 Bracton lib. 3. cap. 21. Segar's Honour Military and Civil, lib. 3. c. 17. fol. 131. Dugdale's Origines Juridiciales, fol. 68, etc. 76, etc. where they are at large treated of. And Spelman's Gloss. in verbo Campus, where is described the manner of Combat, both according to the Mareschals or Military, and also according to the Civil, or Court of Common Pleas, Trial by Duel in Tothilfields▪ A. D. 1571. as it was performed in Totil Fields near Westminster 1571. The whole Court of Common-Pleas, being adjourned or translated thither from Westminster-hall, Dier as Chief-Justice, and all the Judges sitting upon a Tribunal there erected, and all the Sergeants, taking their places in their Solemn Scarlet Habits. In a Writ of Right between Simon Lowe and Thomas Paramour, for a Manor and certain Land in the Isle of Harte, by the Isle of Shepey in Kent. This way of Trial from the Lombard's. This way of Trial by Combat, as that of Ordeal, and the Judgement of twelve men, came to us out of the North, [1.] Selden. de duello. from the Lombard's, who coming out of Scandia, (g) * Selden. de duello. Scandia contained Norway, Swethland, Danemarke, and other Regions North of high Germany. overran the chief Countries of Europe, and is thought to be instituted by Frotho the Third King [2.] Saxo. Gram. Ed. Francofurt. fol. 86. n. 20. of Danemarke, at the time of Christ's B●rth, who among other Laws, made this; that every [3.] Ib. fol. 77▪ n. 40. f. 81. n. 10. Controversy should be determined by the Sword. And so pertinacious were these Northern People in this way of Judgement, that it continued [4.] Olaus' Worm. monum. Dan. f. 70. in Holsatia unto the time of Christian the Third King of Danemarke, who began his Reign Anno Domini 1535. [5.] Ib. fol. 71. Luitprandus King of the Lombard's attempted to abrogate this wicked Custom of Trial by Combat, but in vain. And though he had heard that many had lost their Right by this sort of Judgement, yet the Custom of his Country was such, as he could not prohibit it. Campiones a Campo. From these Northern Nations we had both name and thing. Campiones Champion, says the Learned Spelman. [6.] Gloss. in verbo campus. A Campo, as Forensis a Foro, and [7.] Monumenti Dan. fol. 62. Campio. Champion, a Kemp. or Kemp From whence Cimber. Olaus Wormius tells us, that he was called Campio, or as we Champion, whom the Danes called Kempe, that is a Warrior or Gigant, and the most Valiant or Stout man, which the Danes or Northern People (as suppose the Lombard's or Scandians) called Kemper, the Romans according to their Idiom, expressed by Cimber. Writ of Right, now become, obsolete. But whatsoever high Reputation a Writ of Right had, as the highest Point of the Common Law of England, for the Trial of Propriety, either by the Recognition of twelve lawful men, or by Duel; yet are [8.] Spelm. Gloss. fol. 103. both these ways of proceeding now become almost obsolete and out of use. But all things having constantly had their Execution from the King's Writs and Commands, let us see who, and of what Quality they were, to whom these were directed, immediately and for some time after the Norman Conquest. That they were directed to the Justiciaries of England, or that they had power from the King, either to make them out, or to give order for their making out, and direction to the Earls in their several Counties, Viscount's, Sheriffs, or such as had the Power over, and Government of Counties and places whither they were sent, cannot be doubted. And the first Justiciaries we find to be after the Conquest, Norman Justiciaries. were both Normans, Odo Bishop of Baieux in Normandy, half Brother, by the Mother, to the Conqueror, Odo and William Fitz-Osborn Justiciaries. and William Fitz-Osborn [1.] Gul. Pictav. f. 208 D. who was Viceroy, and had the same Power in the North, that Odo had in the South; was the chief in William's Army, most dear to the Normans, and therefore he knew would be a Terror to the English: He [2.] Order. vital. 521. D. was Sewar of Normandy, and had given him here the Isle of Wight, and County of Hereford; of whom more in the Life of William. Next after them [3.] Order. vital. fol 493. B. William Earl of Warren in Normandy, and a great Commander in the Battle against Harold, and [4.] Ib 535. A. Richard de Benefacta, alias Richard de [5.] Geme●. l. 8 c. 15. & lib. Doomsday. Tonebridge, Son to Gilbert Earl of Brion in Normandy 1073. were made chief Justices of England, who summoned to the King's Court divers Rebels, etc. In the great Plea between Lanfranc and Odo beforementioned, Goisfrid Bishop of Constance Justiciary. Odo Justiciary. Goisfrid Bishop of Constance in Normandy was Justiciary; and all those great men of England who were to cause the Sheriffs of every County to restore to the Bishops and Abbots their Lands which were taken from them; to whom the before-noted Precept was directed, were all Normans. In the beginning of William Rufus, [6.] Hen. Hunt ●ol. 212. b n 40. Odo Bishop of Baieux, and Earl of Kent, was again Justiciary, and chief of all England. [7.] Malmsb. in W. 2. fol. 67. b. n. 30. William de Carilefo Bishop of Duresme succeeded him in this Office, a Norman also, and he was in that place, and that Bishopric followed 1099. by [8.] Order. vit. fol. 786. c. Ranulph Flambard [9.] Godw. de praes. p. 109. Chaplain sometimes to Maurice Bishop of London, a Norman likewise; in the Reign of Henry the First, [1.] M. Paris, fol. 204. n. 10. fol. 629. c. Hugo de Bocland a Norman, in the year of our Lord 1100. was Justiciary. Next was Radulph [2.] Ord. vit. f. 629. c. 465. c. Basset a [3.] Ib f. 905. D. 906. A. Norman. After him his Son Richard Basset [4.] Ibidem. was Justiciary. And then Roger [5.] Godw. de praes. fol. 389. who had been a Curate of a Church in the Suburbs of Caen in Normandy, for a small Salary, by Henry the First made Bishop of Salisbury: [6.] Order. vit. fol. 919. c. And during his Life, whether the King was in England or Normandy, he presided over all England, and was Justiciary and Chancellor, as says [7.] Fol. 91. a lin. 4. fol. 104. b. n. 10. Malmsbury, who lived [8.] Ibid. fol. 99 b. n. 10. in his time. In the time of King Stephen, [9.] Hou. 1153 f. 2●1. a. n. 20. Henry Duke of Normandy, afterwards King of England by the Title of Henry the Second was in this Office. In the Reign of Henry the Second, Robert de Bellomonte Earl of Leicester beforementioned, a Norman was Justiciary 1168. before him [1.] M. Paris. fol. 77. n. 50. Alberic de Vere a Norman, Earl of Guisnes, and much exercised in variety of Causes, is said to be Justiciary of England. And after Robert Earl of Leicester, [2.] Hou. f. 293 b. n. 30. who died Anno Dom. 1168. [3.] Ib. f. 337. a. n. 20. Richard de Lucy was made Justiciary of England, who in the year 1179. leaving that Office and all Secular Employments, was made Canon Regular in the Abbey of Lesnes which he had founded. I find not directly that this Richard was a Norman, but 'tis probable he was so, by his Name, and for that King Henry the First gave him the Manor of [4.] Dugd. Baron. fol. 562. Disce in Norfolk, either for his Service, or as his Inheritance, which was a Boon too great for an English man in those times; and for that he was also Governor of [5.] Ibidem. Falais in Normandy for Stephani, and defended it stoutly against Geoffrey Duke of Anjou. He was a great Instrument in making the accord between Stephen and Henry the Second, and was by this last King in the eighth of his Reign, advanced to this high Office: After him in the year 1180. [6.] Hou. f. 342 b. n. 30. Ranulph de Glanvil that Famous Lawyer, was constituted Justiciary of all England, who by his name was certainly of Norman Extraction; (*) Gulielmus de Glandivilla was Dean and Archdeacon of Lisieux in the year 1077. although as Sir [7.] In Epist. to the eighth Report. Edward Coke saith, he himself was born at Stratford in Suffolk. It also appears by the [8.] Ibidem. He was a Norman. vid. Dugd. Baronage. vol. 1. fol. 423. c. 2. names of their Husbands, that he married three Daughters unto three Normans, which adds to the presumption that he was so himself. After him Hugo de Putaceo commonly called Pusus, Putac, or Pudsey, a Norman, [9.] Godw. in praes. Dunelm. Nephew to King Stephen, by his Sister was made [1.] Hou. 1190 fol. 378. b. n. 40. Justiciary in the North parts beyond Trent, and William de Longo-Campo, or Longchamp Bishop of Ely, was at the [2.] Ibidem. same time by Richard the First made Justiciary on the South parts on this side Trent. [3.] Ib. & fol. 400. a. n. 10, 20, 30. He transacted all the Affairs of the Nation while he was Justiciary, yet [4.] Ib f. 401. a. n. 30. understood not the English Tongue. Then after the Deprivation of William Bishop of Ely, [5.] Ib. 399. b. n. 40▪ 50. Walter Archbishop of Roven in Normandy was made Justiciary of all England. And many of their Successors were Normans, or descended from Normans. At the same time with these Justiciaries, the Chancellors and Keepers of the Seal were also Normans; Maurice [6.] Godw. de pres. p. 233. & Malms. f. 134. b. n. 50. the Conqueror's Chaplain, Bishop of London and Chancellor: Osmundus [7.] Godw. de praes. p. 389. born in Normandy, and Governor of the City of Sees there, came into England with the Conqueror, and was Bishop of Salisbury and Chancellor: Herfastus [8.] Malmsb. 1●8. a. lin. 2.5. a Norman, Chaplain to William the Conqueror, Bishop of Helmam, then of Thetford, and [9.] Spelm. Gloss fol. ●09. Chancellor. William Giffard Bishop of Winton: Robert Bloet Bishop of Lincoln: Roger Bishop of Salisbury beforementioned: Galfrid called Rufus Bishop of Duresm: Alexander Bishop of Lincoln, [1.] Ord. vit. fol. 919. D. Nephew to Roger Bishop of Salisbury: Roger [2.] Ibidem. (h) Rogerius Pauper was Son to the Bishop of Salisbury, by Maud of Ramesbury his Harlot. Son to that Bishop called [3.] Ibidem. fol. 920. A. Pauper, and may others who were successively [4.] Dugd. Chron. series. fol. 1, 2, 3. Spelm. Glossary, f. 109, 110, etc. The Chancellor his Office in Elder times. Chancellors, were all Normans. Of what Power and Authority the Chancellor was in these Elder times, or what his Office, is not easily made out, the reading, allowing, and perhaps dictating Royal Grants, Charters, Writs, etc. keeping and affixing the King's Seal to them, as the Learned [5.] Gloss. fol. 106, 107. Sir Henry Spelman thought, and many also be gathered from Mr. Dugdale's [6.] Origin. Jurid. fol. 37. Ord. vit. f. 55. A Order. vit. fol. 920. A. discourse of the Chancery, was the greatest part of their trust and employment, and that he had no causes pleaded before him, until the time of [7.] Spelm. Gloss. ●ol. 107. Edward the Third, and those not many, till the Reign of [8.] Orig. Jur. fol. 37. Henry the Fourth; nor are there any Decrees to be found in Chancery, before the [9.] Ibidem The Justiciary above the Chancellor, and next the King. Twentieth of Henry the Sixth, be his Power and Office what it would then, it was less than that of the Justiciary, who was next to the King in place of Judicature; by his Office he presided in the Exchequer, the Chancellor sitting on his left hand, as [2.] Scaccarii observe. lib. 1. c. 4, 5. Gervase of Tilbury tells us, and by his Office, after the King, was the first man in the Kingdom; and that under his own Teste, he could cause the King's Writ to be made out to deliver what Sum he would out of the Exchequer. The Chancellor was the first [3.] Ibid. c. 6 in order on the left hand of the Justiciary, and as he was a great Person in Court, so he was in the Exchequer, for no great thing passed but with his consent and advise, that is, nothing could be Sealed without his allowance or privity, as it there appears. But the Justiciary surmounted him and all others in his Authority, and he [4.] Spelm. Gloss. f. l. 331. alone was endowed 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.] Sp●lm. Gloss. ut sup. The Barons by right of Dignity in all Cases, many others by Right of Tenure, and most by Privilege 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 King's Peace, and Dignity of the Crown, and some other Matters, is under his Jurisdiction, and therefore is styled 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 employment, 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 Bailiffs, and removed them from their Office if he thought it convenient. He also inquired into the Usages 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) Baylywic 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 Viscount, and contained many of them, the Bailiff was an Officer appointed by the Prince, and had greater Power and Jurisdiction in greater Causes than the Viscount; 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. Baylywic, and inquired into all the Excesses and Injuries done there by Sub-Justiciaries; he likewise took notice of all public Thiefs, Rapes, Murders, Burn, or firings 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, Watercourses changed or not kept, Highways changed or stopped up, etc. doing right in all these and many more things there enumerated. This great Officer was also General, Viceroy, and Guardian of the Kingdom in the King's 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. 45th 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, Viscount's, Bailiffs, Lords of Hundreds and Manners, before whom Titles and Causes of smaller Consequence were tried, 'tis evident they were all Normans, none but they enjoying 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 Doomsday 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 than they were most, if not all, [5.] Dugd. Origin. Jurid. fol. 21. Clergymen, and so were they in Normandy, as is manifest by the [6.] C. 9 Grand-Customer, where 'tis said the Judges are Sage Persons and Authentic, which in Court give judgement of those things they have heard, as Archbishops, Clergymen, 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 Clergymen in this Nation then, as Bishops, dignified Persons, Abbots, Priors, etc. were Normans. William [7.] Hoved. fol. 259. b. n. 30, 40. A. D. 1070. depriving very many of the English of their Ecclesiastic Honours, and put those of his own Nation into their places, as a means to confirm him in his new acquests; and 'tis 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 Manners, such as heard Causes and gave Judgement were Normans; if the Lawyers and Pleaders were also Normans, the Plead and Judgements in their several Courts must of necessity have been in that Language and the Law also, otherwise they had said and done they knew not what; especially when the Controversies were determined by Military-men, Earls or Counts, Sheriffs or Viscount's, and Lords of Manners, that understood not the English Tongue; or when the Chief Justiciary himself was a Military-man, as it often happened, and understood only the Norman Language: For this reason, Why all Plead were in the French Tongue. and no other it was that all Plead, etc. were in the Norman-French, until by Act of Parliament in [9.] 36 Edw. 3. c. 15. Edward the Third's time, they were appointed to be in the English Tongue, but entered and enrolled in Latin, save that the ancient Terms in Law might still be retained in that Language, as being more apt [1.] Sir John Davis in his Preface to his Irish Reports. and significant than in any other, which seems to be no obscure Argument. That the Laws of this Nation, except such as have been altered, or introduced by our Kings and great Councils, or by Act of Parliament, were for the greatest and chiefest part of them the Norman Laws, and brought in or instituted by William the Conqueror, the Subject next to be treated of. 'Tis not to be thought, No Nation governed merely by one Law. that ever any Nation enjoyed one simple Law by its self pure, and unmixed with some of the Usages and Customs of other Countries; especially such as have been often overrun and conquered, which do commonly retain somewhat they received from all their new Masters; for Conquerors seldom think their Conquest complete, until they have over-turned the Laws and Customs of the vanquished, and established such as they think most effectual to establish themselves. Nor hath it been yet heard of, that the World, or any considerable part of it, comprehending many and distinct Nations, have been governed merely by one Law, but that every of those Nations have had, and do retain at least some of their own Municipal Laws agreeable to their own Customs. And so doth this Nation retain some of the Saxon and Danish Customs, which do not much differ from the Norman, seeing they were (b) Cluverius in his [3.] Lib. 1. Germany contained many Nations. Antiqua Germania, asserts Germany, France, Spain, and Britain, to be one Nation and of one Language, viz. Celts. And also there affirms that Germany anciently comprehended Danemarke, Sweden, Norway, Finmark, the Cimbric Peninsula, etc. And that all or most of those Nations spoke the same Language in a different Dialect. Neighbours by Situation, had the same Language, only differing in Dialect, and communicated in many Rites and Usages; nay jointly conquered both this Country and Neustria in France, They were not People of one Nation that conquered England and Normandy. afterwards called Normandy, for they were not entirely Saxons, Danes, or Norwegians, or of one Nation that made these Conquests, although their greatest Leaders, and the greatest numbers of any one Nation, might be such, but a mixture of all these, and several other People of the North parts of Germany. Yet that the bulk and main of our Laws, The main of our Laws were Norman Laws. or at least very different usages of them, were brought hither from Normandy by the Conqueror, such as were in use and practice here for some Ages after the Conquest, is without question; And our Tenors. for from whence we received our Tenors, and the Manner of holding of Estates in every respect, from thence we also received the Customs incident to those Estates, as Reliefs, Aids, Fines, Rents, or Cens, Services, etc. and likewise the quality of them, being most of them Feudal, and enjoyed under several Military Conditions and Services, and of necessary Consequence from thence, we must receive the Laws also, by which these Tenors, and the Customs incident to them were regulated, and by which every man's right in such Estates was secured, according to the Nature of them. See Grand Custom throughout and Scriptor. Norm. 1037▪ But from Normandy (and brought in by the Conqueror) we received most, if not all our ancient Tenors, and manner of holding and enjoying our Lands and Estates, as will appear by comparing our ancient Tenors with theirs. First concerning Fees, the Learned [2.] Gloss. fol. 218. col. 1 The Servitude of Fees brought in by the Conqueror. Sir Henry Spelman tells us, William the Conqueror brought over the Servitude of them into England, who divided all England amongst his Great Men, and Chief Commanders, and this he says appears from * See Append. n. ●0. where are the Names of all the Normans in every County, to whom all the Lands in England were given. Doomesday-book. And after that the Bondage of Fees was known in all parts of the Kingdom, not heard of before in the Saxon times. [4.] Summoner's Gavel. p. 102. Berault. on Cust. Norman. fol. 112. The word Beneficium or Praedium was anciently used for Feodum, which was not used in any Nation or Country, until about the beginning of the Tenth Century, from our Saviour's Incarnation. [5.] Dudo Sti. Quint. Decan. fol. 34. c. Rex viz. (Galliae) quoque adjecit donationi quam prius Rolloni donaverat totam Britanniam, ut per hoc etiam beneficium, efficeret illum sibi fidelissimum Vassallum. [6.] In lib. de feud. disp. c. 5. B Hottoman says beneficium datur propter officium, quo verbo demonstratur Feudale officium non nisi militare & Bellicum fuisse. And so [7.] Dudo ut supra. f. 85. A. B Rollo upon his acquest of Normandy, after having given a Portion to the Church, divided. Normandy, and measured it out to his Chieftains and (c) A sort of Bondmen, or Servi in the Saxons time Not but there were a sort of Bondmen or Villains in the Saxons time, they had their Ceorls or Gubures, their Rustics, Ploughman, and Servi; but here he speaks to, and means the manner of Servitude which came from Normandy. Vassals; [8.] Ib. f. 86. B. and in his old Age he called them together, and caused them to put their hands between the hands of his Son William, Fees originally Military. by Popa, to whom he had given his Country, and bound them to him by Oath, or procured them to swear Fealty to him. [9.] F. 1. printed at R●ven, 1620. Mounsieur Berault upon the Customs of Normandy says, the Origin and Antiquity of their Customs was not certain, but it was very likely they were the Laws of the Normans that conquered Neustria, The Conqueror gave Norman Laws to the English. and established there by them, and that by the example of Rollo, William the Conqueror gave the Laws of Normandy in the Norman Language to the vanquished English, [1.] Ibidem. yet in the Preface to the Chapter of Fiefs, he reports from Coquill upon the Custom of the Nevernois, and Du Hailan, that they were first heard of in Gallia, when the Francs conquered it, The Francs conquered Gallia. And divided the Lands amongst their Soldiers. Gentlemen, such as served on Horseback. in the Declension of the Roman Empire, that they distributed their conquered Lands amongst their Soldiers, to whom was reserved the Dignity of Gentlemen, and the management of Arms, and from the ancient Gauls Inhabitants of the Country, who were called Roturiers, they took away the use of Arms, and permitted to them the management of Rustic Affairs, and Merchandise only, and from thence came the distinction of Fiefe, Noble, and Roturier, etc. There were [2.] Spel. Gloss. fol. 219. Hottom. in lib. de disp. Feud. c. 6. F. three sorts of Military Fees, Royal Fees, as Dukedoms, Counties, Marquisates, etc. which held immediately of the Emperor, King, or Prince, and was called tenure in capite: And so less Estates and Offices in process of time, that held immediately of the Crown or Person of the Prince, than Mesne or mediate Fees, which held not immediately of the Prince, These Milites or Knights were Horsemen, and these Military or Knights Fees given to maintain their Horse and Arms Hot. in lib. 2. Feud. col. 691. D. but of some of these Capitanei or Chieftains; as Barons, Vavasors, Castellans, etc. lastly Military Fees or Knights Fees, such as were held of those Mesn Lords, and by them given to their Soldiers, all these degrees of Fees were in Normandy, as appears by the [3.] C. 34, 35. Grand Customer, where they also had all the Incidents of Military Fees, Ward, Marriage, Relief, Homage, and Fealty; and such Divisions into all these sorts of Fees, were made of the greatest part, if not * See Doomsday in every County, and here, Ap. n. 10. all the Lands in England, by the Conqueror, to his great men, Commanders and Soldiers, as is manifest by Doomesday-Book, a Record without Exception. And for the Incidents to these Tenors, Escheat, Ward, Marriage, Relief, Homage, Fealty, Aids, Escuage, etc. both according to their first rigorous Institution, and afterwards qualified Condition, we have a sufficient Information from all our ancient Historians and Lawyers that we received them from Normandy. Forfeitures also were incident to these Fees, many of which [4.] Gloss. fol. 214, 215. Forfeitures incident to Feudal Tenure. Sir Henry Spelman hath collected from the Feudist and Feudal Laws, and some of them do here follow. Originally all Vassals held their Lands at the will of the Lord, and whether they were Delinquents or not, he might at his pleasure take them from them: In point of Tenure they were much like our ancient Copy-holds, at mere will, and in this of Forfeiture they much resembled them, and those also at this day. Vid. Hot. de Feud. Disp. c. 38. col. 886. D. E. etc. It was a Forfeiture, if thrice summoned to the Lords Court, they neglected or refused to come and take up their Lands and do Fealty. If they refused to do their Service, or denied their Tenure, it was a Forfeiture. If they sold their Estates without leave of the Lord, or if they sold it by any other Title than they had themselves, it was a Forfeiture. If they did any thing against their Oath of Fealty, if they adhered to their Lords Enemies, or did forsake him in time of War or Danger, all these were Forfeitures. If they committed any outrageous wickedness which was called * See the Glossary. Felony, as Murder, Robbery, burning of Houses, Rape, etc. and which was no Treason, this likewise was a Forfeiture of their Lands and Estates to the Lord of the Fee. And by committing Felony and the non-performance of the most of these things, upon conviction the Tenants [5.] Coke complete Copyholder, Sect. 57, 58 Kitchen Tit. Copyholder. at this day forfeit their Lands, and they Escheat to the Lord, some by presentment of the Homage, others immediately where the Fact is notorious. And while we mention Tenants, it will give some light to the knowledge from whence we received our Laws, briefly to give an account of the Institution of Manors here in this Nation, as I find it in our Learned Glossarist, [6.] Fol. 389. The first Institution of Manners. Manors from whence derived who says it was a Norman word, and brought from thence, and what the Saxon called a Praedium or Villa, their Possessions in Land with the enjoyment of Soc, Sac, Toll, Team, and other Privileges, the Normans called Manners a Manendo, because such Possessions were ordinarily the Seats of the Lords. The Saxon (d) Many of them had so, but without doubt they had some Feudal Tenors, or somewhat like them; they with the Angli, Jutes, etc. coming from the Cimbric Peninsula, and the North Parts of Germany, where such Tenors were General, from whence the word Vassus, Vassallus, or Valvasor was derived to other Nations, Hot. de Feud. disp. cap. 7.820. C. As also in their Neighbour Nations of Danemark and Norway. Jurisdictions had their Origin from the Grants of their Kings, They were Feudal. but Manners had their beginning from Feudal Law or Right; for whoever could dispose of Fees, might justly give Laws to their Vassals, erect Courts for passing of estates, and take upon them all other Privileges, merely pertaining to a noble Fee. How they were instituted. He further says, at the beginning this was the course of instituting Manners, for the most part different Lords possessed the Territories of every Town or Village, and * See Doomsday Book every where▪ how Villages and Towns are described with such People in them, under the Proprietor. cultivated it by their Servants, Vassals and Husbandmen, for at that time there were living in the Country, only Military men, Labourers, or Husbandmen; first the Lord designed the place of his own Habitation, and annexed to it a plentiful Portion of Land for the maintenance of his Family, which are yet called Terrae-Dominicae, Demesn Lands; [7.] Ibidem. another share he gave to his Vassal or Vassals for their aid and assistance in War, and these were called (e) I rather think these Fees to have been most whole at first, and that in time by favour of the Lord, they parceled out and sold them, and such a part of a Knight's Fee was apportioned to such and such a man, as Rents are amongst Copy-holders' at this day, where a Tenent sells part of his Copyhold to one, part to another. There are many Instances of whole Manors granted by the Service of one Knights Fee, Robert Fitz-Roger 9 Richard the First had a Grant from him of the Manner of Ewer in Buckinghamshire, by the Service of one Knights Fee. 1. Jonannis, a Confirmation of the Castle Manner of Workeworth in Northumberland by the Service of one Knights Fee. 5. Johannis, the Manner of Newburn in the same County, by the Service of one Knights Fee. The Manner of Clavering in Essex by the same Service. 7. Johannis, the Manner of Robiri in Northumberland by the same Service of one Knights Fee, and the Manner of Hwayton, with the whole Barony, which formerly belonged to Robert de Cramavil, by the Service of three Knights Fees; he had then also the Honour of Tikhil, with sixty Knights Fees, and three parts of a Knight's Fee belonging to it. Dugdales' Baronage, fol. 107. Tom. 1. Knights Fees, or Military Fees, which if they were not sufficient for the maintenance of one Soldier, For maintenance of their Horse and Arms yet according to the Quantity of Land they enjoyed, they contributed such a share or performed such Service as was appointed and agreed for, half, a third, or fourth, or less part according to the smallness of the Portion of the Fee, granted towards the Lords Military Expenses, [8.] Ibidem. Base Tenure. a third part he distributed to such as performed all rustic and servile Works, repaired his Houses, ploughed and sowed his Land, reaped his Crop, carried it into Barn, Threshed it, Digged, Hedged, and took care of his Flocks and Fields. The Precincts of this Distribution were governed by such Laws as the Lords imposed; and as all their Estates arose from his Beneficence, so they depended on his Will. Hence so many several Customs, Whence several Customs in several Manners. in several Manners. The Lord's House was the Aula, Hall, or Court, and all the Tenants, if need required, were bound to attend there every three weeks, but generally at the Feast of the Annunciation, and St. Michael, from whence these Courts kept at those times, were called Curiae generales, or General Courts. These Lords of Manners, or small Baronies, held either in Capite of the King, or most commonly of other great [8.] Grand. Cust. of Norm. c. 34, 35, 53 and every where in our ancient Lawyers and Historians. Barons, as of their Honours or Heads of their Baronies by the same Tenors, and under the same Forfeitures, and these in like manner of the King in Capite; for by the [9.] Hot. de ●eud. Disp. ● 10. 830. D ●hey might ●aighten, but not enlarge the Condition of the Fee, Ibid. Feudal Law, Sub-Fees were to be given, and received according to the Laws of the first Institution of the Capital, Royal, or Great Fees, which held immediately of the Prince, and therefore as the Inferior, or lowest Lords * Charter. ●rand. Cust. c. 53. had their Courts most commonly for adjusting all Matters within the Jurisdiction of their Manners; so had those of a middle Rank within their Jurisdictions, for such of these inferior Lords, or others, as held of their Baronies: And likewise that Capitol Barons had their Courts within their Jurisdiction, in which all or most Matters relating to, Lords of Manners ought Suit to the Courts of mean Barons. and arising between their Tenants, were ordered and decided, and they were not only held at the chief Seats of their Honours or Baronies▪ but perhaps all over England where they had any considerable Lands or Possessions, as the (f) This Title was Frequent in Normandy, for the Seat or head of the Honour, Earldom, Honour what. or Barony; See Script. Norm. 1037, 1040. Honour of Richmond, Honour of Gloucester and Clare, Duchy of Lancaster, And they to the Courts of great Barons, on whom they held. etc. have at this day their several Courts for determining Controversies and Suits within their Jurisdiction of matters of small value. Lastly these great Barons were within the [9.] Glan. l. 1. c. 3. And the great Barons to the Exchequer▪ or Kings Court. Jurisdiction of the King's Court or Exchequer, where all Pleas concerning their Baronies were terminated. The Conqueror gave to some of the greatest of his Followers whole Counties, and to some two, three, or more Counties, with a great proportion of Lands in them; The Lands of England parceled out and distributed by the Conqueror. to others some part or portion of a County, as Hundreds, or several Manners and Towns in them, who sometimes parceled them out to their Dependants and Friends, and they again to theirs, till at last (though the Saxons most frequently held their own Estates, of these new Lords, and by new Titles from them) some Soldiers, and ordinary men, had some proportionable shares for their Services, though upon hard Conditions, possessing them for the most part as Feudataries, and according to the Rules of the Feudal Law, which as it was the Law for the most part in Normandy, as to Possession and Tenure; so was it here in England, until by the Indulgence of Usurpers, to the great men, and of them to the People their Tenants and Followers, their Tenors became more easy, and were changed into Inheritances, both Free and Bond as they did in France upon the Usurpation of [1.] Hottom. in Feud. Disp. col. 845. A.B. Et de Serres, fol. 120. A. D. 987. The Barons made advantage by setting up Usurpers. ●nd sometimes of their lawful Sovereigns by bearing too hard upon them. Hugh Capet, the Nobility closing with him, on condition their Baronies and Fees might be Hereditary and Patrimonial, which before were Arbitrary, and enjoyed at the Will of the King only: The Nobility in those times never lost by advancing Usurpers, if they prospered, always bargaining with them for some Flowers of their Crown, and the bettering their own Condition. As appears by the Stories of our Henry the First, King Stephen and King John, and with their Lawful Sovereigns also, who according to their Examples, and their own Necessities, as things than stood, and for their own Security were often forced to comply with the Demands of Holy-Church, and the Barons called in to her Assistance, though to their own disadvantage; and besides this way, Lands became ●ree and Hereditary many ways. without doubt many Lands became Free and Hereditary, or their Services made certain by Compact or Agreement between Tenants and indigent Lords; whereby their Lands were manumised, the Services released, or they were granted to them by Deed or Feoffment, The Feudal Law might be relaxed, by the use of the Canon, and Imperial Law. and it is not unlikely, but that the use of the Canon and imperial Law prevailing here, or being promiscuously used with the ordinary Law, for a Century or two of years, from the time of King Stephen, until * Seld. Dissertatio in Fletam. c. 8. the Reign of Edward the Third, might much relax and abate the Rigour of the Feudal Law, and render the Fees less Conditional, and far more qualified than they had been formerly; and hence the Laws concerning them became more easy, and received their several Alterations and Amendments by Flux of time, or Acts of great Councils or Parliaments; and instead of rigorous Tenors, the more soft ones of Fee-Simple in all its kinds, and inheritable and qualified Copy-holds were introduced. Besides this Tenure of Homage, there were also other Tenors in Normandy, Tenors in Almoigne in Normandy. In Burgages. as Per Elemosynam, in Frank almoigne, as the Church-lands were held. Burgages as the Lands in Burroughs are held by Custom of the Burrow, both which we have, and ever had here from the Conquest, though not perhaps the former, in purâ & liberâ Elemosynâ as in the Saxon times. The Normans also had Fiefs, (f) All Services base and ignoble but Military Services. These held by Rent or Cens, ignoble Services, all * Berault. fol 112. and Article 158. Services in ancient times being esteemed base and ignoble, but Military Services; these were not permitted the use of Arms, being only allowed the practice of Husbandry and Merchandise. Roturiers, the same or very like our Soccage Tenure; In Soccage. And Bordage. and Tenure by Bordage, which was a drudging (g) Len doit Scavoir que acune que tien son fief per vil Service, etc. And ye ought to know that such as hold their Fiefs or Fees in base Service, as (Roturiers) ought not to have a Court of their Tenants, of their own Fee, such as Bordiers, & ceux qui servant a sac & a some, which do drudging Services, carry Sacks and Burdens, etc. and others which own Villain Services, as to drain Marshes and Moors to Dung or compassed Grounds, make Hay, and do other Villain Services; Grand. Custom. C. 53. In sine. servile Tenure, and those that held such Lands, could neither give, sell, nor Mortgage them; See Grand. Cust. C. 28, 29, 30, etc. with the Gloss. Or servile Tenors. Gavelkind there also. See Berault in many of the Vicounties. They had also a Tenure not much unlike our Gavelkind, if not the same, as appears there, c. 26. de portionibus, and this Custom is used to this day in several Vicounties of Normandy, and in the viscount of Baieux, where Odo made Earl of Kent by the Conqueror, was Bishop, Berault fol. 714.715. and might be brought from thence into Kent by him. Having thus briefly given an account how men held their Lands, and what propriety they had in them about, and for some Ages after the Conquest, and the Laws by which they were regulated. The second Argument I shall make use of, to prove that men held their Estates by the Norman Law; The Exchequer in England the same with the Norman Exchequer. and that it was the chief Law in use here, shall be the consideration of the Court of Exchequer; which as * Lib. 1. c. 1.4. Gervasius Tilburiensis de Necess. Scac. obs. (a sure Author) reports, was here from the very Conquest, and instituted according to the Pattern of that in Normandy, and was erected there by Rollo, as Revise saith, Notes on Grand Cust. fol. 8. [2.] Ib. fol. 9 b. The Authority of this Court was so great, that no man might contradict a Sentence pronounced here, and not only the Law and the Affairs concerning all the great Baronies of England, and all such Estates as held in Capite, were transacted there, but many Laws or Rights were discussed, and many Doubts determined, which frequently arose from incident questions; for the excellent knowledge of the Exchequer consists not in Accounts only, but in multiplicity of Judgements. Common-Pleas holden in the Exchequer. And Common-Pleas were usually held in this Court until the Eight and twentieth of Edward the First, it was [3.] A●tic. supra cart. c. 4. Enacted, That no Common-Plea should be henceforth held in the Exchequer contrary to the Form of the great Charter. In this Court sat the [4.] Geru. Till. lib. c. 4. What Persons Judges, and Assessors in the Exchequer. Capital Justiciary, the Chancellor, Treasurer, and as many of the most Discreet, greatest and knowing men, (real Barons) whether of the Clergy or Laity as the King pleased to direct. The Business of the Court, was not only Accounts and what belonged to them, but to Decree Right, determine doubtful Matters which arose upon incident Questions, to hold Common-Pleas, Pleas of sundry and divers Natures judged in that Court. as before, and to judge what chief concerned all Capite Lands, and the great Baronies of England. The great Officers and other great men that sat here, were all Normans, or of Norman Extraction, which probably neither well understood nor spoke the English Tongue, nor much less had time to learn, know, or understand the Common-Law of England, being then and ever since the Conquest, [5.] His Reading de finibus, p. 3. Lex non Scripta, [6.] Ibidem. divinely cast into the heart of Man, as Sir Edward Coke affirms, unless they received it this way by Inspiration. How then could Judgements be made, and Sentence given in this Court, by any other than the Norman Law? By what hath been said, it doth in a great measure appear, that the English and Norman Laws were the same; yet to make it more plain, I will add a very brief Abstract of the old Norman Laws out of the old Customs. Jurisdiction was either Feudal or Commissory, Grand. Cust. C. 2. A Brief Abstract of the Norman Laws. Feudal was that which a man had by reason of his Fee, by which he might do Law or Right in Plaints belonging to his Fee, and in all Plaints moved against the Residents within his Fee, unless such as appertained to the Duchy, i. e. Royal or Pleas of the Sword or Crown. Commissory Jurisdiction, was such as was committed to any one by the Prince, or Lord to whom it belonged, as to a Bailiff, C. 3. This was the way to do Justice by forcing the Execution of the Law. Seneschal, or Provost, etc. the Prince only had a full Jurisdiction of all Lay-Pleas that came before him. That is, he might if he pleased, judge and hear all sorts of Pleas. Alcun Justicie bien ses Hommes, Tell Justice est faict per prendre membres, ou fien, ou Corpse. Quis bene Justiciat homines suos. Such Justice was done by Caption of Goods, the Fee or Body, and was called Justicement, c. 6. forcing of men to do Justice by one of these three ways, according to Law. C. 4. Justiciers or Justices. Justicier sieve Justiciarius Nomen accepit, eo quod Justiciandi homines habeat potestatem. The Justiciary took his name from bringing men to Justice, or doing Justice to them. The Justiciaries were Superior or Inferior, appointed by the Duke to take care of and guard his Country. The greater were the Masters of the Exchequer, who had power to amend, les Torts, the Wrongs which the Bailiffs had done. Bailiffs what they were in Normandy. The Bailiffs were called the less Justices, because they had not power to do Justice out of their Bailywicks, which were but seven Principal ones in all Normandy. The Bailiff had power to do Justice and Right to the People under him, to keep the Peace, to end or determine Plaints, to destroy Thiefs, Murderers, Burners, and other Malefactors. Plaints were to be carried to the Justices, and they were bound to receive them, and to take Pledges for Prosecution, to assign a day for hearing, to keep a Court, and to put their Judgements in Execution. The Subjusticiers were Officers established under the Justiciers to do Execution, such were Viscounts, Sergeants of the Sword, Bum-Bayliffs. Bedells, or under-Serjeants, etc. C. 5. with the Comment. A Viscount in Normandy was an under Officer of the Law, a Pedanens judge, and was the very same with a Provost or a Viginer or Vicar, who heard small and Ordinary Cases▪ Pasqu. Recherch. fol. 860. D. Sergeants of the Sword. The Office of the Viscount was to hold Pleas of ancient Paths, Ways, Bounds, Watercourses, etc. and to walk the Parish with twelve men of the same, and by their Oath, or the Oath of the greater part of them, to inquire whose Lands lay next the Ways, etc. and cause them to be amended by those which held the Land; accordingly he was to inquire by the Oath of twelve lawful men, of Malefactors, as Murderers, Thiefs, Traitors, Ravishers, and other Criminals, to keep them in Prison till they were delivered by the Law of the Country. These had also under them Sergeants of the Sword, who held the Views, and made the Summons to them, and executed the Precepts of the Assizes, and what was judged there; and to keep and deliver according to Law, Distresses taken. The Bedells were the less Sergeants, which ought to take the Distress, and to do Offices less honourable, and to make the lesser Summons; and these were in every good Town. C. 6. Default. Trespassment des Termes sont Appellez defaults, that is, such as came not at the time appointed, nor appeared in Court according to Summons, or when they ought, or performed not what they were then to perform, were in Default. Fealty. No man in Normandy could receive Fealty from another, without saving his Fealty to the Duke, which is to be expressed in doing Homage. And therefore the Duke hath the whole Justicement of the body of a man for or by reason of the Fealty that all men own him. If a Lord doth wrong to his man, by reason of his Fee, the Court than appertains to the Duke, if there be no Mesne or Middle-Lord, between the Duke and him, which by reason of his Fee, may have the Court. About Distresses, taking Goods and impounding Cattle much used, C. 7. as in use with us. Of the times when many Lands are to be several, or commune, C. 8. the Usage much the same as in England. Judges were Sage Persons, and Authentic, C. 9 So it was in England. Who anciently Judges in Normandy, Bishops, Abbats, Priors, Canons, etc. which gave Judgement in Court, as Archbishops, Bishops, Canons of Cathedral Churches, and other dignified Persons in Churches, Abbats, Priors, Conventual and Governors of Churches, famous for their Discretion and Honesty; Bailiffs, Knights, Sergeants principal, and Seneschals of Barons, Famous for Knowledge and Honesty; every of these might remain in Judgement, if the Cause were not their own, or they were no ways Parties, nor had given Judgement, nor were Witnesses in it, nor were suspected for Love, Favor, or Hatred. Baron's ought to be judged by their Peers, and others by all such as cannot be removed from Judgement, (i. e.) such as were not suspected as before. Anciently there was in Normandy a greater Justice than all the beforementioned, which was called the Seneschal of the Prince; C. 10. Seneschal of Normandy. He was like the Missi Regales, or Dominici, in the old Empire, or Itinerant Justices, anciently that went their Circuits once in two, three, four, five or six years he corrected all inferior Justiciers, as Bailiffs, etc. and removed them from their Offices, if he saw it convenient, he preserved the Land of the Prince, and made to be preserved the Laws and Rights of Normandy, to which purpose he traveled every three years through Normandy, and visited all the particular bailiwicks, and inquired of the Injuries and Excesses done by the Subjusticiers, and also held Pleas of the Sword, etc. and in all things that belonged to his Office, he might cause them to be amended, without Pleas or Assizes, and in all places where he found any thing amiss, he might do as he thought expedient. Custom, Law, and Usage, C. 11. Custom, Law, and Usage. understood and practised in the same manner as in England. All such as were Residents in the Duchy of Normandy, C. 14. All the Residents in Normandy swore Fealty to the Duke. aught to swear Fealty to the Duke and keep it; and therefore in all things they ought to be Loyal towards him, and were not to procure his damage, nor to give Council or Aid to his manifest Enemies; such as were found culpable of any of these things, were called Traitors to their Prince, and all their Possessions remained to him always. The Women in Normandy, without consent of their Husbands, C 15. could make no Contract or Bargain. Wrec belonged to the Duke of great and rich things there named, C. 1●. Wrec. and of ordinary things to the Lord of the Fee; all the Controversies arising from it, were to be determined in the Duke's Court. Treasure Trove, i. e. found or digged any where, C. 18. Treasure Trove belonged to the Duke. Waifs belonged to the Lord of the Fee, or sometime to the Duke, C. 19 Waifs, etc. according to Custom. C. 20. And Glanv. lib. 7. c. 16. The Chattels of Usurers that died, belonged to the Duke; so to our Ancient Kings. C. 21. Felon● Goods were the Dukes The Chattels of such as killed themselves, Excommunicate and Desperate Persons (such to whom Confession and the Sacrament was denied) were the Dukes. C 22. Movables and Chattels forfeited to the Duke. All Movables forfeited, belong to the Duke. Movables were the Chattels of such as were condemned by Judgement, that were hanged, burnt, their Eyes pulled out, or their hands or Feet cut off or banished, etc. C. 24. Assize what. Assize was an Assembly of Knights, and Sage men, with the Bailiff in a certain place, and at a certain time, which contained the space of forty days, between one Assize and another, by which Judgement and Justice was done of such things as were heard in Court; in these Assizes the Juries sometimes were brought to a Non-scavoir, Non-scire, Ibidem. Juries brought in Ignoramus. or Ignoramus. And when nothing of Certainty or Credit was deposed, the Inquest being first examined, the Return or Verdict was L'enquest scet rien. Ibidem. Lands, etc. forfeited, as in England. The Lands and Estates and Profits of condemned Persons for Felony, were the Dukes for a year and a day, afterwards they were the Lords of the Fee, of whom he held immediately; so in England. C. 25. The eldest Son Succeeds the whole, etc. In Fuedal Succession the Eldest Son succeeds in the whole, and so it descends to the next of the Blood, and never ascends when there is any of the descending Line remaining. In the Latin Version of the Customer of Normandy, printed at Paris 1539. there is a * C. 25. Chapter de exercitu Ducis, not to be found in the French Print of that year; but Du Fresn in his * Tom. 3. col. 832. Glossary citys a good part of it, from the MSS. Customer in the Chamber of Accounts at Paris, Military Service in chief. which he made use of in these words; Or est un service que Doit estre fet au Prince en arms, se lont la Coustume & L'establissement des Fiemens, & des Villes, & icest service est accoustume á fere par 40. jours, Service of 40. days. pour le secours, & l'aide de la terre de c●ux qui en tiennent les Fiemens, come ce soit fet pour aucun Deliurance, & pour le profit d●l Comun People, etc. Tous fiefs de * See the Glossary. Hauber● sont especialment establis pour fair, le propre service, de la Duchee, & Ensement de Tous les Countees & les Baronee, Doivent accomplir ce service, & a decertes toutes les villes qui ont Communes. Si devez scavoir que les sieus de Haubere que sont es Countees & es Baronnies qui ne sont pas Establies pour la Duquee de Normandy, ne doivent pas de service, Dost, for'rs as Signior as quieux il sont soumis. Except nequedent Larrierban del Prince, auquel Trestous, grans & petits pourtant que il soient Convenables pour arms porter, sont tenu sans excusation nulle, a fair lui aid & profit a tout leur pooir. Now there is a Service which ought to be made to the Prince in Arms, according to the Custom and Establishments of Fees, and of Cities or burgh's, and this Service is by Custom performed by * Co. Lit. Sect. 95. forty days, for the succour and aid of the Land, by such as hold the Fees; as it were done for any Deliverance, and for the profit of the Commune People, etc. All Military or Knights Fees were especially established to do the proper Service of the Duchy, and likewise all the Earldoms and Baronies ought to accomplish this Service, and all the Cities or burgh's that have Communities; it is also to be understood, that the Knight's Fees which are in the Earldoms and Baronies, which are not established for the Duchy of Normandy, nor do owe Service to the Army, but to the Lords of whom they are holden, except at the Arrierban of the Prince, to which all both great and small, that are able to bear Arms, are bound to come without excuse, and to give him aid and assistance with all their Power. The Latin Version agrees with this French Text, and as it proceeds further, The Duke granted to such as held of him Scutage, Service of the Tenants. there is a Clause exactly agreeable to the ancient practice in England. The Duke of Normandy granted to such as had performed their Service in the Army forty days, Scutage-Service, of such as held of them by Military Service. Exercitus autem dicitur auxilium illud pecuniale, quod concedit Princeps Normanniae facto exercitus per 40 dies servitio, Baronibus vel Militibus, de illis qui tenent, de eyes feodis, vel de tenentibus suis in Feodo Loricali: And so was the Usage of our ancient English Kings after the Conquest, to grant to such as had personally, or by substitute or fine, performed their Service in the Army, Scutage-Service, of such as held of them in Military Tenure. Heritage's partible and not partible: C. 26. & 36. Gavelkind. Tenure in Military Service and Serjeanty impartible. Heritage partible was equally divided amongst all the Sons, etc. All the Children of one Son, were but to have the share of their Father divided amongst them. A Father that had many Sons, Ibidem. Glanvil. lib. 7. c. 1. & 3. Soccagium divisum. could not give one a better Share than the other of his Heritage; for if he did, notwithstanding his Gift, it was to be divided with his other Lands, amongst his Sons after his death. He could not Give, Sell, Mortgage, or any way put any part of his Heritage into the hand of a Bastard Son, but within a year and a day it might be recovered by his Heirs. Impediments of Succession were Bastardy, profession of Religion, C. 27. Impediments of Succession. Blood attainted, Leprosy, etc. Lands of a Bastard, if he had no issue by a lawful Wife, returned to the Lord of the Fee. Tenors were by Homage, by Parage, by Bourgages, by Almoign, C. 28. What Tenors in Normandy. Bordage or Tenure of servile works, Tenure of Rent or Rend Charge, etc. No Tenent by Homage could sell or engage his Fee, C. 29. Tenent by Homage could not sell, etc. without consent of his Lord, unless in some parts there was a Custom to sell or engage a third part, or a less, so as there was left enough to pay and perform the Services, Faisances, and Dignities due to the Lords. Parage is when the younger Brothers hold their Share of the Fee of the elder Brother, and he of the Lord, C. 30. Parage. and does the Homage and Service, they contributing their Shares. So it is called Parage in respect of Parentage, in which they are equal, not in respect of their Estates. C. 31. Bourgages. Bourgages is a Tenure according to the Customs and Usages of Bourghs, and may be bought and sold as Movables, without the Assent of the Lord. C. 32. Franc Almoign. Tenure in Almoign, or Franc Almoign. So Lands given in pure Alms to God and such as serve him. C. 33 Ward and Marriage. A Member of a Military Fee what? The Duke of Normandy had the Guard, or Wardship and Marriage of all Minors, which held of him by Homage, by a Fee or a Member of a Military Fee. A Member of a Military Fee is the eighth part, or any part under, as a sixth or seventh, not but it might be divided into more, but less than an eighth could not have Court and Usage belonging to it. So other Lords, of such as held of them by Homage. The Duke and other Lords had also Reliefs, 15 l. of a Military Fee, C. 34. Relief. and 100 l. of a Barony; upon the death of the Tenants, an Earl paid 500 l. C. 35. Three Capital Aids, Glanv. lib. 9 c. 8. Tenants in Military Service paid three Capital Aids, one to make the Lords eldest Son a Knight, a second to marry his Daughter, a third to redeem their Lord out of Prison. C. 39, 40, 41, etc. Glanv. l. 1. c. 28. to the end. Essoins. Essoins or excuses for delaying Suits in Feudal Pleas, were de Malo veniendi, de Malo lecti, per Servitium Ducis, de ultra Mare, de Privilegio crucis, etc. The same in England. C. 50. Warranty. Of Warranty, whoever was called to it, was bound to secure the Land he passed away, or to give so much other Land in lieu of it, to him that vouched him to warrant it. C. 51. & 67. Wrong in Word or Deed, as Battery and Defamation, were Actions personal, Actions of wrong Possession of Fees, Movables, or Chattels, were possessional. De Tort fact Tort. Wrong or Tort was the Fountain of all Contention. C. 5●. Forcible Entry. Forcible Entry, and breach of the Peace, contrary to the Dignity of the Duke, and Peace of the Country. C. 53. & Gloss. Tit. Court Pleas of the Sword▪ By Charter from the Duke, Knights, Earls, Barons had Courts, etc. Of all these Pleas, and also Pleas of the Sword, the Duke hath his Lay-Court. And also by Grant and Charter from the Duke, Knights, and such as hold freely Earldoms and Baronies, and other Dignities Feudal, whether Military Fees, or Frank Sergeanties', or other Frank or Free Fees have their Courts of their Residents in simple Plaints. And of light and weighty Matters of Movables and Heritage's, and of Thefts; yea although they were to be determined by * Glanv. l. 8. c. 9 Battle. But such as were not noble Tenants, or held by vile Services as Bordiers; and such as performed drudging and villain Services, had no Court or Usage over Tenants in such Fees. C. 52. Tit. de Haron our Hue and Cry. There was a Court of the Cry called Haron (with us Hue and Cry) to which all that heard it were bound to go: And there was an Inquest whether the Cry was rightfully or wrongfully levied; for it was never raised but in Causes Criminal, as for burning Houses, for Theft, Murder, Robbery, or other great and apparent Mischiefs or danger. They begun at the place the Fact was done, and pursued the Malefactor from Parish to Parish with noise and Arms, until, if they could, they had taken and rendered him to Justice; and for neglect in the Parish or Peoples making this Cry and pursuit, they made fine to the Duke. This was called a Plea of the Sword (or as we call it of the Crown) because such Malefactors ought to be restrained by the Sword and Arms, and aught to be put in Prison and bound. Such Plaints are called Criminal, Ibidem. Plaints Criminal. for which a man loseth Life or Member; others are called simple, by which the Malefactor is only chastised as a Child with a Rod. The Court of some Plaints is in the Viscount, of some in the Assize, Plaints in the Viscount, Assize, Exchequer. of some in the Exchequer. In the Viscount were only Holden Simple Plaints, What Plaints in the Viscount. and the amends of Defaults in the Assize, and such Plaints as aught to have the term of fifteen days; that is, were holden from fifteen to fifteen days. And such as were holden in this Court, were called Pleas Vicountel. Pleas Vicountel Every great Plaint, as Breach of the Peace, Cases Criminal, Ib. & Gloss. K. What Plaints in the Assize and Exchequer. Cases touching Noble Fees, and all the like great Plaints could not be determined but in the Assize, in the Exchequer, or before the Prince where the Determination was Recorded. And for this reason these Courts were furnished with more Sage men than others, that the Plaints might be more discreetly determined. The Exchequer was an Assembly of high or Superior Justiciers, C. 56. What the Norman Exchequer was. to whom it belonged to amend the Judgements of the Bailiffs and lesser Justiciers, and to correct their Errors, to render right to every man, without delay, as from the mouth of the Prince to preserve his Rights, and to recall such things which had been evilly and fraudulently granted away, or put out of his hands, and to observe every where, as with the Eyes of the Prince, those things which appertained to his Dignity and Honor. The ordinary way was, Ib. in the Gloss. The Office of Bailiff and Viscount. that the Viscount corrected the ill Judgements and Errors of the base Justicies under him, and the Bailiff those of the Viscount, and the Exchequer those of the Bailiff. A Plaint or Clamour is, C. 57 A Plaint or Clamour what? Plaintiff bound to prosecute. when any one shows by complaint to the Justicers, the wrong that is done him, who have power to receive them, and to take Pledges of the Complainants that they will prosecute them. The Plaintiff thus bound, C. 58. if he appeared not in Court at the day appointed him, and if his Adversary then appeared, he had leave to go without day, if the Suit were concerning a Layfee, To go without Day what? and the view were made, and the Plaintiff pursued not his Claim, but made Default, he was not to be heard any more in that Matter: To lose by Default. And if the Defendant made Default, in that Case he ought to lose the Seisin of the Fee which was shown or viewed. C. 62. Glanv. l. 2. c. 3. Witnesses, etc. Witnesses swore to what they heard and saw, and were ready to do as the Court should award; no man to witness in his own Case, nor his Heir for him, nor any Partakers in the Plaint or Relations. C. 63, 64, 65. Pleaders, Conteurs, Attorneys There were Pledeurs, Conteurs, and Attorneys that pleaded and managed Cases in Normandy; to these are answerable our Sergeants, Barresters and Attorneys. C. 66. View before Trial. Land demanded by Battle or Writ of Right, Knights, etc. made the view. There were also views of several things required before Trial, view of the Fee, view of the Sick person, view of the Mischief done, view of the person slain, view of the deflowered Virgin, etc. The view of the Fee or Land in question, when it was demanded by Battle, or a Writ of Right, and generally in all Pleas or Controversies concerning the Inheritance, was made by four Knights, and twelve lawful-men. Novel Disselsin, view made by Knights. Languor, view made by Knights In Novelle Disseisines and all Plaints brought after the manner of Novel Disseisin which were for Possessions; the view might be made by twelve lawful men without Knights, but it were better if Knights were there, if they might easily be had: The view of Languor or Sickness was made by * Glanv. lib. 1. c. 19 The same here. four Knights. The view of Murder, Homicide, Mayheme, or wounds inflicted by force, was made after the same manner: The view of a Virgin deflowered, was made by seven Matrons of good Credit. C. 67. C. 51. Tit. de Querelles. Pleas or Plaints some are personal, some real; personal either by Deeds or Words; by Deeds, as by Battery, or Wounds. C. 68 Glanv. l. 14. c. 3 Murder, Battel▪ In Suit of Murder R. complains of T. that he Feloniously murdered his Father, being in the peace of God, and the Duke, and that he was ready to prove it, etc. If T. denies it word for word, and offers gage to defend himself, than the Battle was arrayed, as in this Chapter is further described; but if there were none to make Suit or Clamour of Murder against a suspected Person, accused by common fame, the Justice might put him in Prison, and examine him before four Knights, Four Knights, 24 lawful men. and might cause a Jury of four and twenty of the most discreet and lawful men that could be found in or about the place where the Murder was committed, which were supposed best to know the truth of the Case, and how it was done, and by these to try him; he had his challenge allowed to any of them, but what twenty of them said, was to remain good without contradiction. C. 70. Appeal of Murder. Of Murder and Homicide, the next of Kin might have the Suit, etc. if the next of Kin were not of Age, than the next of Kin to him, that was so. C 71, 72, 73, 74, 75. Glanv. lib. 14. c. 4, 5, 6. Appeals or Suits of Robbery, of breach of the Peace, when a man had given Security in Court of his peaceable behaviour toward another; of Treason, of Mayheme, of Assault, Rape, Burning, etc. C. 69. Jurors were. Glanv. l. 2. c. 17. The nearest and best men such as knew the matter in question. Jurors were bound to speak the truth concerning the Plaints, and therefore were to consider all Circumstances relating to them; they were to be of the nearest and best men, which were supposed to know the thing in Controversy; those which were not such, or did not know or understand the matter in Controversy were not admitted. It was Vacation all those times, C. 80, 81. See Westm. 1st. c. 51. in which Marriages ought not to be solemnised, upon all Solemn Feasts and Fasts, and the four Solemn times. The Law of Sanctuary was in Normandy. C. 81, 82. Law of Sanctuary. No Clerk, Ecclesiastical Person, or Religious, C. 82, 83. Clerks, etc. exempt from Lay-Courts, except, etc. was to be taken or arrested; and if he were, was to be restored to the Church if demanded, and if convicted in Ecclesiastical Court, was to be degraded, and deposed from the Privilege of a Clerk. Such Persons were exempt from sole Jurisdiction of a Lay-Court, unless in such matters as concerned a Layfee. Simple Plaint personal was so called, C. 85, 86, 123. Simple Plaint, Desrene. because determined by Simple Law, which was called Desrene, which was a Purgation of the Defendant, by his own Oath, and by the Oaths of his Coadjutors. This Plaint was either of Words or Deeds, of Deeds as when one complained that another struck him, and had his Witness ready that said it was true, that he saw and heard it, and was ready to do according to the award of the Court, without which last words his Testimony had been invalid; for 'twas not enough to say he saw and heard it, but he must also offer himself to the award of the Court; from which Accusation the Defendant purged himself, by swearing that he did not strike him, and that his Witness neither saw nor heard it; Purgation by Oath, or Canonical Purgation. and his Coadjutors swore also that he swore a true Oath. Desrene in Latin is called Deraisnia, and perhaps is the same with Dirationatio in the old Historians; in the Canon Law it is called Purgation or Canonical Purgation, and with us wager of Law; as also here, Wager of Law. See cil qui est querelle enchet de la Loy que il a gaigee il doit amender le misfaict á celuy á qui il le fist & á la Court: C. 85. If the Querelate or Defendant fails in the Law he hath waged, etc. when the Coadjutors had sworn, the accused Person was freed, and the Accuser was in Amends. See in this Chapter toward the end the difference of the Amends to common Persons, and to Knights and Soldiers, who are called Authentic Persons. The Amends was as much to the Lord, in whose Court it was tried, as to the injured Person, and more to the Duke, or at the discretion of the Judge, according to the worth of the Person, and Merits of the Cause. Personal Plaints that arise from words, C. 86. Actions of Defamation. were the same we call Actions of Defamation. Pleas or Plaints concerning Possession, C. 87. All Pleas of Movables exceeding 10 s. were tried by Law apparent. Ibidem. (possessory Actions) with us were either for Movables, which they called Chattels, as Horses, Cows, Gold, Silver; or Immovables, as Land, Meadow, Pasture, and all Possessions inherent to the Land, which they called Fees. Their Possessory Actions were called Simple, when terminated by Simple Law, apparent when judged by Law apparent, that is by Duel, or by Inquisition of Country, which they call Recognition. Pleas of Debts, Debtors, and Sureties, and of Contracts, Covenant, C. 88, 89, 90, 91. and Bargains. C. 92. Feodal Plaints. Jury of twelve Knights, etc. Pleas Feodal are determined, some by Desrene or Simple Law concerning Movables Feodal; and others by Enquest, which is a Recognition of the truth of the thing in Controversy, by the Oath of twelve Knights, or twelve other discreet, honest, credible Persons, no ways suspected. The matter of all Inquests was contained in the Writ or Brief, Inquests▪ R●cognitions. and those Inquests that proceed by brief, are called Recognitions. C. 91. Glanv. l. 13. c. 2 The same Writs. There was one Brief or Writ of Novel Disseisin; another of Mort D'ancestor; anoter of Eschaet; another of Marriage encumber; another of Dowres; another of Presentment to a Church; another of Fee and Gage, (i. e.) to inquire whether it were a Fee or Mortgage redeemable by the Heir in the Tenants hands; another De Feodo & firmâ (i. e.) to inquire whether it were a Fee or a Farm, for years in the Possessors hands, and who was the next Heir of him that let it to Farm; another de Estabiliâ to establish Right, or of right as we call it; another of Surdemand, when the Lord demanded more Rent and Services than was due; another of Layfee and Franc Almoign; another of Lineage denied; another of Heritage. C. 95. Tit. vene. By Justice here i● meant the Sergeant. Views how taken. View is when the Plaintiff shows before the Justice and legal men the thing which he demands, and 'tis to be made at a certain place, day, and hour assigned by the Sergeant, (who is here intended by the Justice) the Viewers being assembled, the Sergeant is to recite the matter of the Plaint contained in the Writ, or cause it to be read, and then the * Bracton. l. 4. c. 16. n. 4. Upon View the Land was taken into the hand of the Duke, and not restored until the Plea ended. Plaintiff is to show what he demands with the bounds in length and breadth, or as we the Butts and bounds. At the time of the View, the thing shown aught to be taken into the hand or Possession of the Prince, nor was it to be restored until the Plea was ended; and this was the meaning of those words in the Writ, Vt terra sit in pace. When the thing was thus shown, the Sergeant commanded the Possessor to resaise the Plaintiff, according as it was contained in the Writ, and whatsoever ensued, whether he did, or did not, he assigned to both Parties a day at the Assizes; and if the Possessor did not yield the thing demanded at the View, and did yield it afterward at the Assizes, though he never meddled with it, yet he was bound to amends, that is, to fine to the Duke or Court. C. 95. After the View made, and the Recognition was adjourned to the Assizes, the * Bracton. l. 4. c 18, 19 The same method there in Normandy. Writ was there read in the presence of both Parties, and the Bailiff or his Deputy that held the Assizes, demanded of the Plaintiff if he would pursue his Brief, if he said no, he was punished for false Claim or Clamour▪ and so it was if he said he did not know whether he should or not; if he said he was ready to prosecute, than the Defendant or Possessor was asked whether he would stand by the Writ as it was read; if he said neither the View nor Recognition were made according to the words of the Writ, The French word Record used here signifies Witness. Dissaisin. his answer was to be tried by the Record, or witness of two of the View. If he would not stand by the Writ, and be found culpable in any thing in the Controversy of the Dissaisin, he was to amend, or fine to the Prince, and pay Damages to the Plaintiff, as they should be declared by the Jury, and the Saisin was to remain to the Plaintiff also, as it had been acknowledged to belong to him by the Jurors. If the Defendant or Tenent said he would stand to the Writ, C. 95. Bracton. lib. 4. c. 19 n. 2. than the men were called before the Parties, every one by his name to make Oath, and their Names were entered in the Register of Assize, and the Parties might challenge or except against such as they had right reason for to do it. After the Jurors were sworn, * Ibidem n. 3. Jury go out and are shut up. no man was to speak to them publicly or privately, except the Bailiff who commanded them to speak the truth in this form. By the Faith and Belief you have in our Saviour Jesus Christ, etc. do you know the Plaintiff was possessed of, or had the Saisin of the Land, which was shown you before such a time (the time suppose of the Dissaisin) and how and in what manner he had it; and that since that time the Defendant did dissaise him and how. Then the Jurors went out to consider and advise, and were kept under strict guard, lest the truth might be corrupted by evil persuasion. When they had advised, they returned again before the Bailiff in the Assize, and if they were all agreed, one answered for the rest, C. 95. They return one answer for all, etc. if they disagreed, every one than might give his Answer. If they said the Plaintiff had the Saisin Feodal, as he affirmed, and that the Defendant had dissaised him, the Saisin was rendered to him, and the Defendant fined or amended, and then there was an Inquiry made, what Damages the Plaintiff had sustained by the Dissaisin. Inquiry of Damages. If the Jurors said the Plaintiff was not saised in the Fee, C. 95. but held Land for Debt or by Mortgage, or by Rent, or for any other such reason, and would not part with it though the term was out, than the Defendant remained in Saisin, and the Plaintiff amended or fined; if the Jurors knew not the term, the Plaintiff, if he would, might prove it. In Pleas of Novel Disseisin, the manner of Saisin ought to be regarded above all things, and how it was obtained, for all Saisin, C. 95. Novel Disseisin. ought not to be rendered to him that required it. If any one of his own accord, or by Sentence, gave another the Saisin that he hath, if he requires it afterward, he shall not have it; if any one required the Seisin where he entered by force, or which he had received from one that had nothing in the thing to give him, such Saisin was not to be confirmed to him, or allowed, for all Saisin which was either by force or stealth and fraud, was detestable. The Writ of Novel Dissaisin was in this form; C. 93. Writ of Novel Disseisin. Bracton. lib. 4. c. 16. n. 2, 3, 4 So all our Writs run, that the Viewers be at the next Assizes Command á R. que a droict & Sans delay il resaisisse, T. du une Terre qui est Assise en le paroisse de Marbeufe dont il a dissaisy a tort & sans Judgement de puis le denier Aoust devant Cestuy & se il ne le faict. Semond le recognoissant du voisine quel soit an primieres Assises de la bailie, & fay dedens ce veoir la Terre & estre la choose in paix. Command R. that justly and without delay he doth resaise T. of certain Lands in the Parish of Marbeuf, of which he hath dissaised him unjustly, There was also a time limited in our Writs of Novel Disseisin and without Judgement, since the last of August before this, and if he doth not, Summon a Recognition of the Vicenage to be at the next Assizes of the Bayliwick, and the mean while cause the Land to be viewed, and to be in peace. Writs directed to the Sergeant of the Bayliwick▪ This Writ was directed to the Sergeant of the Bayliwick or his Deputy, and when he received it, he appointed a day to the Plaintiff to hold the View, and summoned the Defendant to be present if he would, and twenty men the nearest to the Land, the most credible such as were not suspected by, or a kin to one party or the other, and were to be such as were believed to know the truth of the Plea, and before them the Land was to be taken into the hand of the Prince, whether the Defendant came or not; nor was it to be put out of the Prince's hands, until the Plea was ended, and if either of them meddled with it, his Body was to be imprisoned, until he had satisfied for his misdoings. Glanv. lib. 12. c 3. c. 6. Many sorts of Dissaisins. There were many Dissaisins, some of Lands, others of Herbages, others of Rents, others of servile Works, others of Franchises, others of Services, in all which the Writs were framed according to the divers Terms and times of Performance or Payment, from and upon which the Pleas were always laid. C. 97. Default Plea lost for not bringing it, etc. If the Plaintiff made Default, the Defendant went without delay, and if he would renew his Plea, he was also to renew his Summons; the Plaintiff might also for ever lose his Plea, if he slipped the time limited for bringing of it, which was within a year and a day. C. 98. Writ of Mort D'ancester. The Writ de Morte Antecessoris, of the death of the Parent or next Predecessor in Blood, was in this Form. Se A. donne plege de suyvir sa Clameur, semond le recognoissant du voisine quill soit aux primerieres Assises du Bailliage a recognoistre savoir se B. estoit saisy en cest An, quand il mourut de la Terre que C. lui deforce a Roven & comment, & scavoir se A. est le plus prochain hoir avoir lescheance de B. la Terre soit dedens ce veve, & soit en paix. If A. give Pledges that he will prosecute his Clamour, A Recognition of the Vicenage. Claim or Suit, Summon a Recognition of the Vicenage to be at the next Assizes of the bailage, to know whether B. was seized that year he died of the Land which C. dispossessed him of at Roven, and how: And to know if A. be the next Heir to have the Escheat or Succession of the Land, in the mean while let it be viewed, and be in peace. Ibidem. The Writ directed to the Sergeant of the Bayliwick. To be brought within a year and a day, etc. This Writ was directed to the Sergeant of the Bayliwick, and the further Proceed were the same as in a Plea of Novel Disseisin. No man that was of Age and Discretion, according to the Custom of Normandy, could have a Recognition in this Plea, unless he brought the Writ within a year and a day after it was publicly known his Ancestor was dead, whose Saisin or Possession he would recover, but no time prejudiced a Minor. Ibidem. Next Heir. This Recognition appertained only to the very next Heirs, who had the Dignity of Primogeniture, either in themselves, or by their Ancestors. The Nextness of Heirs, which was to have the Saisin, was thus, the eldest Son was the next Heir of his Father, and those which descended from him; C. 99 Who were next Heirs. and when this Line failed, the second Line was the next, and so it was intended of other Lines, were they Male or Female, while any of the first Line were left, none of any other Line could have the Saisin of his Antecessor. Concerning Dower, according to the Custom of Normandy, C. 101, 173. Dower. Glanv. lib. 6. c. 1, 2, etc. The Wife had the third part of the Fee of her Husband. the Wife had the third part of the Fee her Husband was possessed of at the time of the Espousals or Contract of Marriage; or if he was not then possessed of an Estate, or died before he was, his Father or Grandfather possessing the Fee, if they were present at the Marriage, or procured or assented to it, after their, and her Husband's death, if he was sole Heir, she had the Thirds of that Fee, if not, of so much of the Fee as fallen to his share; and no man could give more than a third of his Estate in Dower. If a man purchased an Estate after Marriage, a Wife could claim nothing in it, unless it were Bourgages Tenure, and then she had the Moiety. In Burgages Tenure the Moiety. If a man had taken a Woman (so are the French words) and died before they lay together in the same Bed, the Woman had no Dower: For by the Custom of Normandy, their bedding after Marriage gained the Woman her Dower. A Woman might demand her Dower against such as withheld it, Ib. C. 101. two manner of ways, by Writ, or Record. By Writ, as in the Chapter of View and Plea of Novel Disseisin. By Record or Witness of such as were at the Espousals or making the Contract of Marriage, where the Dower was determined either in Chattels or Land. Record, what? Record est racontement de chose qui a est faict. Record is a calling to mind or recounting things that have been done. Il ya Record de Court de Roy, etc. There was a Record of the Kings or Duke's Court, which was all one; A Record of the Exchequer; a Record of Assize; a Record of Duel; a Record of View; a Record of Pasnage; a Record of Marriage, etc. All these Records were made by Witnesses in the several Courts and Places, where and before whom the things were transacted, C. 108. Cum Gloss. de celui qui demand Record, etc. 121. de loy qui est faict par Record. Recorders. these were called Recordatores from remembering things done in Court, Promises, Bargains, Contracts, etc. and when there was a Plea of Record brought, the Plaintiff in writing named his Recordeurs, Recordatores, Recorders or Witnesses, in some Cases six or seven, in some twelve, in some more, in some less, and if the Recorders were dead, or gone out of the Duchy, than the same Plea was tried by Inquest of the Vicenage, as well as it might: See C. 102, 103, 104, 105. When the Propriety of a thing was demanded, four Knights, and eight legal men, with the Sergeant, were Recorders, C. 106. Tit. de Record de veve. but in a View of Possession, where the Seisin was only demanded, there twelve discreet or lawful men, and the Sergeant, were sufficient. In the View of Languor the four Knights sent to the Person, C. 121. are called Recorders, and that called Record de veve de Corps languoreux. The right of Patronage of Churches, and who last presented, was decided by Recognition, as other Proprieties and Possessions. Assize D'arrein Presentment. C. 109. Glanv. lib. c. 2. 4, 5, 13. lib. 14. c 19 The Church was taken into the Duke's hands, and the Bishop prohibited to present during the Plea, or the Ecclesiastic Courts to meddle with it. Yet if the Patron presented not in six months, the Bishop of the Diocese presented. The Writs I omit being near the same with those in Glanvil. The Writs in this Plea the same with those in Glanvil. C. 113. Tit. the Brief de establie. This was as our Writ of Right. The Duke of Normandy had the Jurisdiction of the Bodies, as well of the great as of the small, because bound to him by Fealty and Allegiance, and willing to restrain the Malice of the mighty and puissant, he established two Laws by the Council of his Prelates and Barons. L'un qui est appelle establie & L'autre recognoissant de sur demand, & Corent per Brief, etc. the one is called Establie, the other Recognition of Surdemand, and they proceeded by Writ, etc. by these Writs inquiry was made concerning the Propriety of the Fee, and to whom it belonged, both these together made up a Writ of Right. Ibidem. Glan. l. 2. c. 15. Writ of Right. The Writ d'establie was in these words, A. see plainct de B. qui lui demand a tort une Terre a Roven de quoy il demand l'establie au Duc de Normendie pur recognoistre le Scavoir se quill y a greigneur droict, celui qui tient, ou celuy qui demand. A complains of B that he unjustly exacts of him certain Lands at Roven, for which he demands the Duke of Normandy's Writ D'establie, to know by Recognition whether he hath greater right that holds it, than he that exacts it. The Sergeant of the Bayliwick was to see to the Execution of this Writ, as to that of Novel-Disseisin, So our Sheriffs were to take Pledges. If neither Knights nor Gentlemen in the Vicenage, than the View was to be made by men of good names. the Land was to be viewed, but before that, he was to take Pledges for the Prosecution of it, and then the men to make the View, were to be summoned, and if in the Vicenage neither Knights nor Gentlemen sufficient were to be found, the Inquest was to proceed by other men of good Name, or good renown, according to the French words. The Vicenage was accounted a League from the Place, and is commonly called in this Customer the Ban Lien, and the Recognitors were to be summoned out of the Parish where the Land was, or the Parishes adjoining, within a League of it. C. 114. Tit. Brief de surdemand. Glan. l 2. c. 13. The Writ of surdemand was to defend the Rights of the Tenants against the Lords of Fees, when they unjustly demanded such Rents and Services as were not due, whereof this is the Tenor. A. Plainct qui B. luy Demand a tort Service de fief & * In the French Copy there wants couper or some other word. les Gerbes par raison de son fief, purquoy il demand l'establie au Duc assavoir qui a greigneur droict, celuy qui demande par raison de son fief, ou le Tenent qui le deforce, & pour ce se il le donne plege de pour suyr son Brief semond le recongnoissant du voisine quill soit an primieres Assizes du Bailliage pour dire de ce la verity. A. complains of B. that he doth unjustly exact Service of his Fee, (i. e.) the cutting of his Corn by reason of the Fee he holds of him, wherefore he desires L'establie of the Duke, to know whether hath greater right, he that exacts by reason of his Fee, or the Tenent which deforceth or denieth the Service; wherefore if he give pledge of pursuing his Writ, summon a Recognition of the Vicenage, to be at the first Assizes of the Bailliage, to speak the truth in this matter. Dictum for Veredictum. Note that what we call Veredictum, is always in this old Customer called only Dictum. C. 115. Tit. de fief-lay & Demosue, with us an Assize utrum Glanv. lib. 13. c. 23. Scavoir ce or se signifies utrum in the old Customer. Facit se securum in our old Writs. There was used in Normandy a Writ of Layfee and Alms, by which the Fee was tried whether it was Lay or Alms, when it was doubtful, in this Form: Se A. te donne plege de suyvir sa clameur semond le recongnoissant du voisine qui il soit aux premieres Assizes du Bailliage a recongnoistre scavoir se le fief que B. demand est lemosne a celuy qui le tient ou le fief Lay a celuy que demand, le veue soit ten dedens ce, etc. If A. gives Pledges to pursue his Claim, summon a Recognition of the Vicenage to be at the first Assizes of the Bayliwick, to discover whether the Fee which B. demands, be Alms to him that holds it, or Layfee to him that exacts it. Let there be a View taken of it, etc. no man in Normandy could make a Layfee pure Alms, without the Grant and special Assent of the Prince, for he had the Jurisdiction and signory of all the Lay-Fees in Normandy. If the Jury was brought to a rien Scavoir, non scire or Ignoramus; then the Church had cognisance of the Plea. 'Tis said in this Chapter it was a Custom in Normandy long ago, C. 119. Courtesy of England. that if a Man married a Woman, and had a Child by her born alive, if both she and the Child died, he should hold all the Land that came by his Wife during Life. The Gloss says, that if his Wife were with Child by him, though born dead, yet the Husband should enjoy the Estate, for that it was not his fault that the Child died, or no defect in him, that it was not preserved. Desrene or Disrainia or Law-Simple was always amongst Equals, C. 123. c. 85, 86. Glanv. l. 8. c. ●. Desrene wager of Law The Case put in the old Customer. La loye doit estre Gaigee. and men of the same condition, and it was a Law in Normandy, by which a man that was impleaded in a simple Plea, made it appear that he did not or was not guilty of what his Adversary charged him with, which was performed by his own Oath, and the Oaths of two others at least. A man lends another five Shillings, who promiseth to pay it at Easter, if he denies it, the Law is to be waged, that is, the Debtor is to swear he owes no such sum, and others are to swear with him they believe his Oath to be true. Whoever hath read our old Law, knows it to be the same with this, allowing some, not many, or very great Variations, and therefore needless to add any abstract of that by way of Parallel. But I must desire the Reader to note, that from the time wherein Glanvile wrote, which was in the Reign of Henry the Second, to the time of Henry de Bracton, who was a Judge in the Reign of Henry the Third, the Subtleties and Niceties of our Ancient Law were so much increased and multiplied, that it became very bulky and dilatory, as well as perplexed and intricate. Amongst others we find in the old Norman Law, our Writ of Right, or Grand Assize, the four Writs of ordinary (d) So called for that the time in these Writs was limited within, and from which the Action was to be brought; so * Lib. 13. c. 32. See also Cl. 2●. Henr. 3. m. 17. dors. where the times are limited for bringing Actions by these Writs. Glanvil. Cum quis itaque infra Assizam Domini Regis, id est infra Tempus à Domino Rege de concilio Procerum ad hoc constitutum, quod quandoque majus, quandoque minus censetur, alium injust & sine judicio disseisiverit de libero Tenemento suo Disseisito hujus Constitutionis beneficio subvenitur & Tale Breve habebit. Assizes, that is of Novel-Disseisin, Mort D'auncestor, D'arrein Presentment, & Vtrum. By the manner of Trial both in England and Normandy, after the View taken, and by the Judges in both places, expounding the Writ to the Parties in Court, and interrogating them by it, 'tis more than probable there were then no Declarations, and that the Writ was both Precept and Declaration, according to * Bracton, dicitur ideo Breve, quia rem de quâ agitur, & intentionem petentis paucis verbis breviter enarrat. It is therefore called a Brief, (which we call a Writ) because briefly and in few words, it declares the matter in debate, and the mind of the Plaintiff, upon which followed Pleading in Court, and giving in the special matter in Evidence; one example will make this very clear. Mat. Paris f 538. n. 10, 20. Henricus Dei gratia Rex Angliae, etc. Vicecomiti Hertfordiae salutem, Si Abbas de S. Albano fecerit te securum de Clamio suo prosequendo, tunc submone per bonos submonitores Galfridum de Childewick, Galfrum Gulielmum, Johannem, & Ricardum filios ejus, Willielmum de Gorham, Thomam de Wanz, Walterum, & Henricum filios ejus, Adam de Sumery, David de Garpenvilla quod sint coram Justiciariis ad primam Assizam cum in parts illas venerint, ostensuri quare fugaverunt & Lepores caeperunt in liberâ Warrenna suâ de Sancto Albano sine licentiâ suâ; & habeas submonitores & hoc Breve. Teste meipso apud Westmonasterium vigesimo sexto die Junii, Anno Regni nostri vigesimo quarto. And that the Juries summoned by these Writs, were Persons of the same Quality and Degree in England and Normandy, the following Instances will make it most apparent. In a Plea concerning Duel between Warin de Semperston, and the Prior of Coventry, for eight Carucates of Land in Pakinton: Milites qui ferebant Recordum Duelli, dicunt quod Warinus tulit Breve de recto in comitatu versus Priorem, etc. & Prior venit & defendit jus Warini; Warinus vero obtulit vers. Priorem, quod Walterus Grossus Auus ejusdem Warini saisitus fuit de illis viij. Caracutis cum pertinentiis Tempore Henrici Patris, etc. ut de jure & haereditate, etc. Prior defendit, etc. per quendam liberum hominem & vadia data fuerunt ex utraque parte, 2 do. Johan. fol. 14. a. etc. Rot. 24. out of an * Class. 3. Book 6. Abstract of Pleas, from the First to the Fifteenth of King John, amongst Judge Hales, * Class. 3. Book 6. M. S. in Lincolns-Inn Library. The Knights which made, or had then the Possession of the Record of Duel, that is, such as were Jurors in the Assize by Writ of Right, say, that Warin brought a Writ of Right in the County against the Prior, etc. the Prior comes or appears, and denies the Right of Warin, and he offered to prove it against the Prior, that Walter Gross the Grandfather of Warin, was saised of those eight Carucates, with the Appurtenances in the time of Henry the Father ●f King John, as of his Right and Inheritance. The Prior denies it by a certain Freeman, (a Champion that he brought, who denied Warin's Plea, and swore as he had heard or seen it was not true) and Pledges were given, or the Duel was waged on both sides. Placitade Termino Pasch. & Trin. An. Reg. Johannis 1. Ibid. fol. 6. B. To make this more clear, I will bring an Instance of an Assize of Novel-Disseisin. Adam de Chetwind, Petrus de Eiton, Hamo de Puelesdon, Adam de Alarton, Philippus de Buteriâ, Walterus de Elpole, Paganus de Cheriton, qui fuerunt Recognitores Assizae Novae Disseisinae, inter Walterum de Whitfield, & Robertum de Huntingland, de Terra de Chershal summoniti fuerunt ad ostendend' quomodo Assiza ista capta fuit, etc. Dicunt quod ipsi coram Roberto Whitefield, Rado Archidiacono Hereford, Roberto de Salopesberie, nunc Episcopo de Bangor, etc. tunc Justiciar. Juratam fecerunt de Assizâ Novae Disseisin', quam tulit Robertus de Huntingland verse. Robertum de Woodcote, de Terra de Chershall, de qua Robertus de Woodcote eum disseizet. Ita quod Idem Robertus remansit in misericordia pro Disseisina, Rot. 2o. Adam de Chetwind, Peter de Eiton, etc. which were Recognitors of an Assize of Novel Disseisin, between Walter de Whitefield and Robert de Huntingland, for the Land at Chershall, were summoned to show how that Assize was taken; do say, that they before Robert Whitefield, Ralph Archdeacon of Hertford, and Robert of Shrewsbury Bishop of Bangor, etc. then Justices made a Jury of Assize of Novel Disseisin, which Robert de Huntingland brought against Robert de Woodcote, concerning Land at Chershall, of which Robert de Woodcote had disseised him, so that the same Robert remained in mercy, that is, was fined by the Justices of Eyre, or amerced by the Oaths of Lawful men for the Disseisin. These seven might be those, that before the Assize made the View of the Land in question, and might by their Names be Knights or Knights Fellows, for twelve or more might make it, but fewer than * Bracton. p. 179. b. n. 4. Fleta, p. 222. n. 4. seven could not. Both these Pleas seem to be the same with Record of Duel, and Record of Assize, and the Jurors in both to be Recordeurs, Recorders, or Witnesses of what had been done in Court, as hath been showed in the old Norman Custumer and Law, C. 101, 106, 108, 121. In a Plea of Right; In the same MSS. Placita Term. Mich. 3. Johan. f. 18. b Placita & Assizae apud Lincoln. in Cro. octab. Sanctae Trinitat. Coram Simon. de Pateshult. Eustach. de Faukenburgh & sociis corum 4. R. Joh. Ibid. fol. 26. b. Milites Electi ad faciendam Assizam Magnam inter G. Episcopum Wintoniensem petent. & Nigellum de Broc. tenent. etc. In a Plea whether the Donation of the Priory of Thornholm belonged to the King or John Malherbe. Dominus Rex mandavit per Breve suum quod Dominus G. fill. Petr. per Chart as Canonicorum de Thornholm. Et per liberos & legales homines, diligenter inquireret, utrum prioratus de Thornholm de Donatione Domini Regis vel Johannis Malherbe debeat esse, Prior ergo venit & protulit chartam Regis Stephani, in qua continetur quod ipse pro anima Regis Henrici Auunculi sui, & pro statu animae suae dedit & concessit in perpetuam Elemosinam Deo & Ecclesiae Sanctae Mariae & Canonicis Regularibus locum suum in Bosco de Appelby; & quicquid Comitissa Hathewisia & caeteri vicini eis dederunt in Elimosinam, in terris, & pratis, & in omnibus aliis reditibus, & pracipit quod locum suum, & omnia sua ubicunque fuerint bene & in pace teneant in perpetuum sicut Elimosinam suam Dominicam. Milites vero * See Glossar. in the word. Electi ad faciendam illam Inquisitionem, sunt Herv. de Arci, Philippus de alta Ripa, Andreas de Wotton, Petrus de Bekeringe, Willielmus Hanpel, Rogerus Arsic, Herb. de Nevil, Rob. de Basingham, Richardus Ottringham, Willielmus fill. Drogonis, Willielmus de Grimesby, Eustachius de Ledenhanc, Willielmus de Baiocis, Quaesiti dicunt, etc. From this Plea it may be noted, that Knights as well as ordinary Freemen or Freeholders' were anciently intended by those words, Liberi & Legales homines, Norff. Placita de Temp. R. Richard primi Anno 7. In an Abridgement of Pleas and Fines. Temp. Ric. 1. in a Book with Parchment Covers, with the under Chamberlains of the Exchequer. Hales MSS. before cited, fol. 68 a. in the Writs directed to Sheriffs for summoning of Juries. In a great Assize between Matthew de Gurnay & Gilbertum Runhale, Rogerus de Ho, Umfr. de Miliers, Thomas filius Willielmi & Robertus Baynard, quatuor Milites summoniti ad Eligendum duodecim ad faciendum magnam Assizam inter Matheum de Gurnay peten. & Gilbertum Runhale tenen. etc. Rot. 10. In the same Assize, Milites Electi ad faciendum magnam Assizam inter Gerardum de Rhodes & Robertum Marmium peten. & homines de Sancto Botulfo tenen. de Communia, etc. Rot. b. In an Assize of Darrein Presentment, Milites qui fecerunt Inquisitionem Dant unum Palfridum ut Emendare possint Inquisitionem suam de Ecclesia de Beckingham, Placita de Term. Sanct. Hillar. An. R. Regis Joh. 13. Ibid. fol. 72. a. Norff. Placita Temp. R. Johannis Anno 11. in a Book bound in Russet Leather with the under Chamberlains of the Exchequer, fol. 96. a Mat. Paris, fol. 539. n. 30. An. D. 1240. 24. Hen. 3. Rot. 12. in Dorso. This was a Plea of Darrein Presentment, because by King John's Magna Charta, such Pleas could not be held before any but the Justices de Banco. In an Assize of Surdemand of Services, Milites de vicenet, de Thorp summoniti ad faciendum Recognitionem inter Emmam Belet Pet. Et Edam de Thorp tenent. de Consuetudinibus & Servic. quae eadem Emma ab ea exigit de Tenemento quod ipsa tenet de ea in Thorp, quia ipsa non cognoscit se ei ea debere, unde eadem Eda, quae tenens est, ponit se in magnam Assizam Domini Regis, etc. Rot. 4ᵒ in Dorso. In the Controversy before mentioned, between the Abbot of St. Alban, and Galfrid de Childewike, etc. for Hunting in his Liberty without Licence, they insisting upon it, that it was their right to Hunt there; the Jury summoned were twelve Knights: Duodecim milites accincti gladiis fuerunt Electi in Assiza de Consensu partium, etc. Mat. Paris recites the whole Plea and Process of the Suit, which is worthy to be read and observed. * Ib. fol. 538. n. 30. fol. 539. n. 30. The Writ bears date 26. Junii, 24 Hen. 3. and the Trial was the ninth of October following. He that will be at the trouble to peruse the Plea Rolls in these elder times, which he may find in the keeping of the under Chamberlains of the Exchequer, or the Abstracts of them in the Books here cited, will see that in all Grand Assizes or Pleas of Right whatever, the Jurors were constantly actual Knights or Tenants in Capite, or other Military Tenants, and likewise in all Pleas that related to Military or Noble Fees, as it was in Normandy, where though it appears, it ought to have been so by the Grand Custumer, yet I confess I have but one instance to confirm the Practice of it, nor do I know whether they have any such Records of Pleas in these elder times as we have. Inquisitio de Regalia Rothomagensi Johannes de pratellis, Richardus de Rui, Scriptor Norman. f. 1656. D. 1057. A. Example of a Trial by twelve Knights in Normandy. Richardus de Villequier, Robertus de Fresquines, Willielmus de Vivario, Reginaldus de Petri villula, Robertus de Tiliolo, Galfredus de Mesnilio, Galterus de Sancto Johanne, Willielmus Pantoll, Gilbertus de Remfrevilla, Adam de Maretot, Richardus de Sahors, Willelmus de Riparia, Milites Jurati dixerunt, Quod mortuo Rotberto Rothomagensi Aepo, Rex Hainricus cepit Regalia in manu sua, & posuit custodes suos ad ea custodienda, cum autem Galterius de Constantiis qui erat familiaris Regis in Archiepiscopum promoveretur, Rex reddidit ea illi, sed dixerunt se nescisse utrum reddiderit ei amore, quia familiaris ejus erat, vel de Jure, vel aliquo modo alio. After this Abstract made as an Argument of the Similitude, at least, if not Identity of Norman and English Laws, we shall consider their Terms and Vacations, or times in which the Laws were practised and forbidden, Terms and Vacations. which may much add to the discovery of the sameness of them, and whence they were derived. Grand. Cust. C. 81. Tit. de Temp● enquoy, loy nest pas fact. See Terms and Vacations in the Glossar. In Normandy there were Times wherein the Law ought not to be practised, neither simple nor apparent; and those were the times in which Marriages could not be celebrated, which in a manner were answerable to our present Vacations, and were established by the Canon-Law, viz. from Advent until the Octaves of, or after Epiphany, from Septuagesima to the Octaves of Easter, and three Weeks before the Nativity of St. John Baptist; but these times of Prohibition of Marriages differed, according to the Constitutions of several Councils. Non [1.] Council. Herdens, An. Dom. 524. B. in Council. Tom. 2. f. 628. Sect. 1. oportet à septuagesima usque in Octavas Pascha, & tribus Hebdomatibus ante festivitatem S. Johannis Baptistae & ab adventu Domini usque post Epiphaniam nuptias celebrare, quod si factum fuerit, seperentur. Nullus Christianus [2.] Council. Salegunliadiense, A.D. 1022 c. 3. Lab. vol. 11. uxorem ducere debeat, ab advetu Domini usque in Octavas Epiphaniae, & à septuagesima usque in Octavas Paschae, nec in quatuordecim dies ante festivitatem S. Johannis Baptistae, neque in Jejuniis quatuor Temporum. Vt tempora interdicta ad celebrandum nuptias non possunt aliquando ex ignorantia excusare monemus [3.] Council. Ravennate, A. D. 1311. Bin. Tom. 3. part 2. fol. 789. Rubr. 19 With these agree the times in which Marriages are prohibited in the Church of England. See Council. Saxon. Ephamen. in the time of King Ethelred. Spel. Council. Tom. 1. fol. 518. c. 18. Con. 2. Instit. Westm. 1. c. 51. fol. 264. See Coke 2d. Institutes, ibid. from Briton. c. 53. Decret. Greg. 9 lib. 2. Tit. 9 de feriis. c. 5. He was placed in the Chair. A. D. 1227. omnes Sacerdotes, Parochiales maximè, quatenus dicta Tempora, Dominica ante Adventum & Dominica ante Septuagesimam, & Dominica ante octavam ascentionis Domini, studeant publice in Missarum solemniis nuntiare, quod nullus celebret nuptias, Temporibus ab Ecclesia interdictis, scilicet à prima Dominica de Adventu, usque post Epiphaniam; & à Dominica de Septuagesima, usque ad octavam Paschae, & à tribus diebus ante ascentionem usque octavam Pentecostes. Three of our present Vacations are much like these as to time, viz. The Vacation after Michaelmas Term, the Vacation after Hillary Term, and the Vacation after Easter Term, which were established by Canon, though not every where and in all places according to the same exact time; but were in some Countries longer, in some shorter, though without any great variation. The fourth long or autumnal Vacation, was made by necessity. The Harvest and Vintage (where there was one) and other autumnal Works, being a sufficient cause for the Cessation of Law-business, and leaving men free to follow their own Affairs. Debet Judicialis strepitus Diebus conquiescere feriatis, qui ob reverentiam Dei noscuntur esse statuti, licet diebus feriatis Gratia vindemiarum vel messium ob necessitates hominum indulgentur, procedi valeant. Si de partium processerit voluntate. And the gathering in of Harvest and other autumnal business were the chief motives for [4.] Stat. 32. Hen. 8. c. 21. abbreviating our Trinity and Michaelmas Terms; the first of them in the end, and the [5.] Stat. 17. Car. 1. c. 6. Practise of the Law in Normandy and England alike. latter in the beginning. We will add here, that the practice of the Law in bringing all sorts of Writs of Assize, and in Proceed and Trials thereupon, was very near, if not altogether the same, both here and in Normandy. Save that the Practice here was very much enlarged and lengthened in about two Centuries of years, though the original manner of it was not much altered. This is evident by the second and third Book of Glanvil, from the whole fourth Book of Bracton, but more especially the 16th, 17th, 18th, and 19th Chapters of it, and from the whole fourth Book of Fleta, (who in most things exactly follows Bracton) but more particularly in his 5, 6, 7, 8, and 9 Chapters of that Book. And if what Justice Fitz-Herbert in the Preface to his Natura Brevium says, and Sir Edward Coke in the Preface to his eighth part of his Reports, and upon Littleton, Sect. 101. fol. 73. b. be allowed, (as I think it is generally) that original Writs are the Foundations upon which the Law dependeth, and truly called the Principles of the Law; then certainly the Foundations and Principles of ours, and the Norman Laws, are very little, if any thing at all different. This is what may be affirmed from greater reason than usually either Historians or Lawyers upon these Topics, bring for assuring any thing they assert. But Sir Edward Coke in his Preface to the third part of his Reports, observes and asserts from William de Rovil (a Commentator upon this Treatise which he expounds mostly by the feudal and imperial Law) in his Preface to it, where he says from the History called Chronica Chronicorum, The Customs of Normandy not from Edward the Confessor. that our Edward the Confessor was the maker or giver of these Customs to Normandy. But let us observe the Authority of this Historian, for immediately after Rovill delivers from him for as great a truth, and to be believed upon the same Terms, that the Conqueror was not only Testamentary Heir, by Donation of Edward the Confessor, but also next Heir by blood to the Kingdom of England, by his Wife Maud, the Daughter of Baldwin Earl of Flanders and Niece of Edward the Confessor, which was never heard from any other Author, and therefore he may well be thought singular, in one as well as the other, nay idle, and not to be believed. And therefore all the Judges of Ireland passed by this Story, as a surmise only in their Argument, upon the case of Tenors, fol. 36. But though Sir Edward lays a great stress upon this Author there, yet he himself is of another opinion in another [6.] Reading de finibus p. 3. and Preface to his third Book of Reports. A fond Assertion of Sir Edward Coke. place, viz. that the Conqueror found the Customs and Laws, contained in the Grand Customer here, and that from hence he carried them into Normandy. For says he there, if the Normans have any Laws that do resemble the Laws of England, out of doubt when the Conqueror had subdued this Kingdom, perceiving the equity and excellency of the Laws of England, never attempted [7.] See what I have said before The Laws of England were by the Conqueror carried into Normandy. to alter or change the same, but to the end his Country men the Normans, might know the Laws of England, under which from thenceforth he resolved they should live. And therefore for their benefit and safety, he caused some of the Laws and Ordinances of England to be written in the Normand Tongue; and afterwards seeing, and well perceiving the happy success where such Laws were observed, abolished his old Laws out of Normandy, and established part of our English Laws there. And it cannot be truly said that the [8.] Ibidem. English Laws are in the Norman Tongue, for the Laws of England are Leges non scriptae, but divinely cast into the hearts of men, and built upon the immovable Rock of Reason. This Assertion is groundless. This assertion is so groundless and precarious, it deserves no Confutation, it hath no Authority or Testimony, nor other reason than his own Fancy to support it: For it would have been a greater difficulty than the Conquest of England, to have imposed the English Laws upon so stubborn a People as the Normans were, especially at that time when the Conqueror had much to do to keep them in subjection; nay, Traditions, and the mutable and various Constructions of them in stead of a Law, if the Common Law of England, (as it is generally affirmed by the great men of the long robe) was Lex non scripta; The English Law Lex non scripta. More excellent than Acts of Parliament, &c And learned by Tradition. especially by Sir John Davis in his Preface to his Irish Reports, where he contends and often avers, That the Common Law of England is Jus non scriptum, and more excellent than our written Laws, namely Statutes or Acts of Parliament. Also that it is a peculiar invention of this Nation, and delivered over from Age to Age by Tradition, nay that it is a Tradition, and learned by Tradition, as well as by Books; which makes me wonder how the Normans learned it so quickly, as to be Judges of it, and judge Causes by it immediately upon the Conquest, when 'tis probable they understood not the English Tongue; it may be it was divinely cast into their hearts, and they understood it by Revelation. But to return a little to the whimsy of Rovill in his Preface to the Grand Customer, no Body that considers, what [9.] Lib. 2 de Gest. Reg. f. 44. b. n. 20, 30, etc. Malmsbury and other ancient Historians report of the Confessor, that he was a weak easy 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 satisfy 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, etc. 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 Practice 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 guests what he did in Secular. Somewhat also to this purpose Ingulphus [5.] Hist. Croyland. f. 512. a. b. All Earldoms, Places of Honour and Profit given to the Normans. informs us, that by hard Usage he made the English submit, that he gave the Earldoms, Baronies, Bishoprics, and Prelacies of the whole Nation to his Normans, and scarce permitted any English man to enjoy any place of Honour, Dominion, or Power. But more express and full to this purpose is the account we have in [6.] De necessary. Scaccarii observe. 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 fight 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 favour 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 favour 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 common 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 favour; 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 persuade, 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 unanswerable Arguments, in the Preface to the third part of his Reports. These Arguments are drawn from two Heads, Record as he calls it, and History. But all the Record I find cited to that purpose in this Preface to the third part of his Reports, is a Writ of Novel Disseisin, out of Glanvil [9.] Lib. 13. c. 33. l. 4. c. 16. n. 2. and Bracton in this form: Rex Vicecomiti Salutem; Quaestus est nobis A. quod B. injust & sine judicio disseisivit eum de libero Tenemento suo in E. etc. ideo tibi praecipimus quod si praedictus A. fecerit te securum de clamore suo prosequendo, tum facias Tenementum illud reseisire de Catallis quae in ipso capt. fuer. & ipsum Tenementum cum Catallis esse in pace usque ad primam Assizam cum Justiciarii in parts illas venerint, & interea facias 12. liberos & legales homines de viceneto illo videre tenementum illud, & nomina eorum imbreviari. From this Writ in Glanvil, who was made [1.] Hoved. fol. 342. b. n. 30 chief Justice of all England 1180. by King Henry the Second, one hundred and six years after the Conquest, Preface to his third Book of Reports. he collects four things, (how I know not;) first that before the Conquest, time out of mind, there were Sheriffs in England, which though I think is not to be collected from this Writ, is readily granted to him, there were such Officers, Sciremen, Sciregereus, or Aldermani, who had the government of the County, held Courts, and were Judges in them, yet perhaps not altogether the same with the Sheriffs in the Norman or our times. Secondly, That all that time there were Juries of twelve men; This also may be granted him, though I see not how it will be enforced from this Writ, nor proved any other way; Twelve men mentioned in the Saxon Laws were Assessors. for the twelve men or Jurors mentioned in the Saxon Laws were Assessors, and had their share in giving Judgement, as appears by the Text itself. Thirdly, That all that while there were original Writs, and Writs of Assize, which are the Rules and Principles of the Commune Law of England, and therefore that Law was before the Conquest, and received no Alteration or change from the Conqueror. How this can follow any ways from the consideration of this Writ, it doth not appear to me. The Forms of our ancient Writs in the Grand Customer of Normandy. And further the very forms of most of our ancient Writs, are to be found in the Grand Customer of Normandy, as hath been shown, which makes it very probable, that they were not used here until the Entry of the Normans: And with this accords Mr. Lambard in his [2.] P. 64, 65. The Saxons Proceeding in Judgement, was de Plano without Writs, etc. Manitio according to the Saxon way in Germany. Archion, where he says that the Saxons proceeding in Judgement, was the Plano, without Solemnity, and therefore so far as he could observe, they did not use to call the Parties by any Writ, or writing, but to send for them by certain Messengers, which they termed They, perhaps rather Theows, or Thegens, that is Ministers or Servants; and if it had been otherwise, that there had been the same Forms of Writs, and the same Formality in Law Proceed before the Conquest as after, and at this day, they would have been found in Books somewhere reserved in one Monastery or other, or they would have been delivered from one to another, and preserved by Tradition, as well as the very Commune Laws and Customs themselves, which were Jus non scriptum, as all the Patrons of the Antiquity of our Law affirms. [3.] Ibidem. And when that manner of Summoning by Writ was brought in here, yet was not the Sealing of them forthwith committed only to the Chancellor, for you may see in glanvil's Book, that some original Writs of his time had this Form, * Glan l. 1. c. 6. Writs sealed by the Chief Justice. See also Hoved. fol 445. b. n 10. For Writs in Grand Assize issued by the Justiciary. Teste Ranulpho de Glanvilla, who was then Chief Justice, under whose Sealing the Writs passed, which takes off and fully answers his fourth and last Observation or Consequence, he would draw from this Writ, which is, that before the Conquest there was a Court of Chancery, because in his time original Writs did all issue from thence, and from no other Court, and were sealed there. And further it appears, by what hath been said in the first part of the Saxon History, that in those times where the Law was too severe and rigorous, all Appellants from it for Equity, or where they had not Justice done them in their County Courts, found relief in the King's Court, which was the only Court of Appeal, according to the second of [4.] Lamb. fol. 63. The Normans that wrote after the Conquest, called and expressed many of the Saxon Officers, and things by Norman names and words. Edgar's Laws. The rest of his Infallible Arguments in this Preface, are from Words and Phrases found in old Charters of Liberties, and the like pieces of Antiquity, as Vicecomes, Hundredus, Servitium Regis, Redditiones Socharum, etc. from which he would infer the existence of the Commune Laws of England before the Conquest, as they were in his time, because then these words were also used in our Laws. Particular Liberties and enjoyment of many Customs, there were certainly very many granted by our Saxon Kings, to many Persons and Places, and in some sort continued to them by the Conqueror, which yet were but Liberties particular, Particular Liberties not the Common Law of a Nation. and not the Commune Law of the Nation, for had it been, they might of Commune Right have claimed it, without special Grant, seeing it was always the practice of all Nations, to allow the People the use and benefit of their clear and known Laws. The Laws of Engl. proved from the Terms to be rather from the Normans than Saxons. And if there were any cogency from these Words and Terms used here in the Law both before and since the Conquest, to prove the Identity of it in those times, the Argument would be ten times more forcible, from such terms of the Law as were not found here before the Conquest, nor perhaps for some time after, Norman Law Terms. to prove that our Law was the Norman Law; such as are Fee-simple, Fee-Farm, Franc-Fee, Grand and Petit Sergeanty, Escuage, Burgages, Villeinage, Assize, Mort D'ancestor, Novel Disseisin, Court, Vicecomes, Consuetudo, Custuma, and a great number more in the Book of Tenors and elsewhere obvious, which Mr. Somner [5.] P. 104. says in his Gavelkind, and every one knows are all of the Norman Plantation, and we by the Normans brought acquainted with them; and indeed from them we had very near all our Law Terms, and words of Art in that Profession. After Sir Edward Coke as he thought, had thus established his Opinion of the Antiquity of our Laws by Record, he renews his Discourse upon this Subject, in his Prefaces to his sixth, eighth, and ninth Parts of his Reports, but chief in the two last, and prosecutes his Arguments upon his second Topick from History, which shall be considered in the Answer to a Book Entitled Argumentum Antinormanicum, where they are all repeated, and therefore on purpose passed over in this place. William the First, COMMONLY CALLED, The Conqueror. [1.] Dudo de moribus & acts Normannor. fol. 63. B.C. THE Danes and Norwegians under Hastings or Anstings their former Leader, having harassed and wasted a great part of France with Fire and Sword, [2.] Ibid. 66. B. C. the French, and their King especially, wearied with his Ravages and Cruelties, make Peace with him, pay him Tribute, and allow some part of their Country for an Habitation to him and his Followers, [3.] Ibid. 75. D. An. Dom. 876. do now again under the Conduct of Rollo, at the [4.] Ib. 76. C. Instigation of Hastings, come with their Fleet out of the River (a) Scaldis or the Scheld, a River running through Brabant and Flanders, and passing by the Borders of Haynault, upon which Antwerp, Ghent, Oudenard, and To●●naye are seated. Scheld into the Mouth of the River (b) Sequana, or the River Seyn, running through the Isle of France, and falling into the British Sea, upon which Paru and Rhoan are seated. Seyn, to whom Franco Archbishop of Rouen with his whole Country sent for Protection and submitted; By this means having here a place of settlement, he Invaded the other parts of France, and attempts [5.] Ib. 79. b. Paris, Rollo comes into the River Seyn, Archbishop Franco begs his Protection. and assisted with [6.] Ibidem. English and other People that resorted to him, often defeats the French, and became so formidable, that Charles the Simple at the [7.] Ibid. 81. D. 82. A. Instance of his People, and [8.] Ib 83. c D. 79. b. The King of France gives Rollo Normandy. Advice of Franco aforesaid, made a Composition with them, and gave to Rollo all the Land from the Rivers (c) Epta or I●ta, a small River upon which guysor's, Gurnay, and Bray are seated, which falls into the said between Varnon and la Roche Guion. Epta to the Sea, then called Neustria, now Normandy from these Northern Men, which because it was then almost waste, uncultivated, and unpeopled, and the Corn and Cattle destroyed, he gave him also Britain for their present support, that from thence they might take all Necessaries to sustain them; and likewise his Daughter Gisla to Wife, [9.] Ib. 79. B. He is Baptised An. Dom. 912. upon Condition he would turn Christian, which he did accordingly, and was [1.] Ib. 84. C. And his whole Army. Baptised by Franco, and named Robert by his Godfather Robert Duke of France the King's Brother; and afterwards caused all his great Commanders, Soldiers, and whole Army to be instructed in the Christian Faith and Baptised. [2.] Ibid. 85. A.B. He shares his Land, gives some part first to the Church. Will. Robert's Bastard. Before he measured out his Land (which was done with a Rope or String) and gave Shares of it to his chief Companions, and others of his faithful People, he gave some part of it to the chief Churches in Normandy, which he repaired and new built, as also the Walls of his Cities and Fortresses. From this Rollo, in a direct Line, Robert was the Sixth Duke of Normandy, to whom [3.] Gemetic. lib. 8. c. 3. William was Natural and only Son by Herleva or Herlotta his Concubine, Daughter of Fulbers his Chamberlain or Groom of his Chamber, Robert out of [4.] Orderic. vital. fol. 459. Devotion, against the mind of his People, Robert goes to Jerusalem. going to visit the Sepulchre of Christ at Jerusalem, [5.] Gem●t. lib. 6. c. 12. D. called together the Archbishop, and other the great Men of his Dukedom, and caused them to do Homage and Swear Fealty to his young Son then about Eight years old, as their future Prince and Lord, appointing [6.] Malmsb. digest. reg. fol. 53. b. 30. Gilbert Earl of [7.] Gemet. lib. 6. c. 11. He leaves his Son and Tutor to the Care of the King of France O● his Governor, committed them both to the Care and Protection of Henry the First, King of France, and afterwards in his return from the Holy Land died at [8.] Ibid. c. 13. An Dom. 1035. Robert dies. Nice in Bythinia; After his death many near to to the Dukedom, of his Father's Relations, Conspired against him, [9.] Ibid. lib. 7. c. 2. privately killed his Tutors and Governors, and endeavoured to take from him the Dukedom, for that he was a Bastard, which then in France was not esteemed a sufficient Bar to the Inheritance of Princes, especially if according to the Canon Law they Married their Concubine, (d) Thierry or Theoderic [1.] Vales. rerum Franc. Tom. 1. fol. 320, 321. Bastard of Clovis, had for his Share, with his Lawful Children, Anstrasie, now Lorrainge, etc. [2.] Ib. Tom. 3. fol. 88.113. Sigibert Natural Son of King Dagobert had Anstrasie as his Share also of France, with his Lawful Son Clovis 12. with many such Examples in other Nations. for before that time many had succeeded their Fathers in this and other Countries, as if they had been lawfully begotten; others openly invaded the Title, and waged War for the Dukedom; His Tutors privately Murdered. The first of whom was [1.] Gemet. lib. 7. c. 3. Roger de Toney Arms against William. Roger the (e) In most of our Historians he is called Roger de Tresuye. Toenio Standard-bearer in all Normandy, a Descendent from Malahulcins, Uncle to Rollo the first Duke thereof, and an Adventurer with him in the Acquest of it, Bastardy was no bar to the Inheritance of Princes. he returning out of Spain, where he had performed many great things against the Saracens, and finding William a Child to succeed his Father in the Dukedom, was much displeased, and scorned to serve him, saying, a Bastard ought not to Command him or the Normans; Combined with others, who Conspired against William, and enters the Territory of Humphid (f) He was Son of Turulf de Ponte Audomari, by Wera [3.] Gemet. lib. 8. c. 37. Sister to Gunnora a Forester's Daughter, first Concubine, and then Wife to Richard first Duke of Normandy. Osbern de Bolebec Married another Sister of Gunnors, by whom he had Walter Giffard, made * Orderic. vital. 522. c. Earl of Buckingham by the Conqueror▪ From these two Sisters of Gunnor, and her Brother Herfas●us sprang many of the * Gemet. ubi supra. great Men of Normandy, and afterwards of England, the Fliz-Osberns, Mortimer, giffard's, Warrens, Montgomeries, Gournay, Bachervill, Bellomont, or Beaumond, etc. de Vetulis, wasting it with Fire and Sword, whose Son, Roger de Bellomonte or Beaumond, encountered him with what Force he could raise, He is overthrown and his two Sons killed. routed his Forces, and slew him and his two Sons Helbert and Elinantius. [2.] Gul. Pi●av. f. 179. D. 180. A. B. After him (g) He was [4.] Gemet. lib. 5. c. 13. Guy Earl of Vernon who? Constantin, le Contantin. Son to Raynald Earl of Burgundy, by Alice Daughter of Richard the Second Duke of Normandy. Guy Earl of Vernon and Brion pretended to the Title of the Dukedom, who with the assistance of Nigel Governor of Constantin, or the Territory of (h) That part of Normandy is like a Peninsula, being environed with the Sea West and North, and bounded with the River Vire East. [5.] Vales. not. Gaff. fol. 156. Le Constantin or Contantin, so called from the chief Town or City thereof Constance. [6.] Ibidem, fol. 73.4. le Bessin. Baiocassin. Le Bessin or Baiocassin, so called from the chief City thereof Bayeux, is that part of Normandy bounded with the Rivers Dive East, and Vire West, and with the British Sea North. Constance, Raynulph Viscount of Bayeux or Bessin, and the greatest part of Normandy, resolved to try it by his Sword, and was overcome at Valoignes, from whence he fled to Brion a strong Town, Guy beaten. where William besieged him, and being almost starved he employed Mediators for Mercy, which was granted, Asks Pardon, and recives it. and the Duke being possessed of his Castle, permitted him to remain in his Court, and pardoned his Abettors and Followers. These Clouds blown over, William receives a greater Trouble from Galfrid [3.] Ibidem. fol. 181. D. Martel Earl of Anjou, who having subdued Tedbald Earl of Tours, and taken that City from him, and seized Poictou, Ejecting Earl William, usurped also Damfront and Alencon, Galfrid Martel seizeth Damfront and Alencon. They are retaken. Ibidem, fol. 182, 183. Members of Normandy; The Duke after having given him a Diversion by marching into Anjou, besieges Alencon and takes it; Martel being come very near to relieve it, but hearing it was yielded, struck with a sudden fear, he fled with his Army, and Damfront submitted to the Duke so soon as he came before it. [4.] Ib. 184. B. After these (i) He [7.] Gul. Pictav. fol 1. was Son to Richard the Second Duke of Normandy, Brother to Richard the Third, and Uncle to William. William de Archis or Earl of (k) Now Arques near the Town of deep. Arch, not being forewarned or restrained by the Ruin of Guy, or overthrow of Martel, Arms against William, fortifies and Man's his Castle of Arches against him, [5.] Ib. 18. C. Henry King of France comes to his relief, and his Army intercepted by Ambush. to whose Relief Henry King of France came with a great Army, William de Archis Arms against the Duke. Fortifies his Castle. which was intercepted by an Ambush, the Earl of Ponthieu and many Men of Note killed, and Hugo Bardulf taken Prisoner. The King of France then considers what he had [6.] Ibid. D. His Castle is taken, and Earl William taken into favour. done, reputes he had abetted the Earl of Arch, and marches back; The Castle then reduced to miserable straits, and the Defendants even starved, supplicate to yield, saving only their Lives, which were granted; and he did not only give his Uncle the favour of staying in his Country, but also gave him large [7.] Ibidem, 186. A. Ibidem. Possessions and Rents, using him more like a Friend than Enemy; Many also Deserters in this juncture went over to the King of France, whom the Duke received again into favour. These [8.] Ibid. B. The King and Princes of France Confederate against William. Successes raised envy in the minds of the King of France and the other Princes of that Nation, with suspicion of his Greatness, the Roman Emperor assisting and being in League with him, so that Tedbald Earl of Tours, the Earl of Poictou, Galfrid Martell Earl of Anjou, and the whole Powers of Burgundy, Avergn, Aquitain and Gascoign Confederate with the King against him, and raised two mighty Armies, designing to destroy his whole Country, whereof one under the Command of Odo the King's Brother, and his most familiar Friend Rainold, entered the Country of Caux; the other Commanded by the King himself, enters the East part of Normandy, and proceeds towards Eurux and Rouen; They are beaten and fly. The Duke likewise divided his Army, the better to encounter his Enemies, into two parts, and Heads that himself which opposed the King, [9.] Ib. 187. B. the other under the Command of (l) [8.] Ib. 195. Gemet c. 20. He was Son or Grandchild to William Earl of Ou who was Natural Son of Richard the First Duke of Normandy, and was made Earl of Ou by Richard the Second, his half Brother by the Mother side. Robert Earl of Ou or Ewe. Hugh Gornay, * [9.] Ib. lib. 8. c. 37. He was Son of Thurstan de Bastenburgh. Hugh Montfort, Walter Giffard, * The same with William Fitz-Osbern the Son of Osbern Crispin or Crepon. William Crispin, and other valiant Officers, suddenly set upon the Army at Mortimer in Caux, Apud mare mortuum. put them to flight, and took many Prisoners; *. The King hearing of this Victory, fled also in great haste out of Normandy, *. and concluded a Peace, upon these Conditions; Ibidem, c. That the Prisoners taken in the Battle should be delivered to the King, and that by his Consent and Gift the Duke should for ever enjoy as his own, whatsoever he had or could take from Geoffry Martel Earl of Anjou. Ibidem. And he presently directs his chief Commanders to build a Fortress at Hambrieres in Anjou; which [1.] Ibidem, 188. A. Martel by the help of William Earl of Poictou, and Eudo Earl of Britain, besieged and assaulted; but so soon as William approached to relieve it, they fled. Soon after the [9.] Guil. Pict. 1●8. B.C. The King of France and Martel enter Normandy again. King of France breaking the Peace, entered Normandy again with a great Army, to whom Geoffry Martel joins what Forces he could raise, and by quick Marches came through the Country now called [1.] Per Oxim●nsem Comitatum Hyesmes to the River Dive, destroying all that Country with Fire and Sword to the Sea Coast, none resisting, none pursuing them; but while they were passing that River, the King with part of the Army being over, the Duke comes suddenly upon them with a flying Army, and cuts off almost all those which were on that side the River towards him, They are beaten and fly. or forceth them into it and drowns them, the King looking on, but not able to help them; who with the Earl of Anjou in all speed fled once more out of Normandy. And not long after the King of France died, Ibidem, D. King Henry dies. Leaves his Son to the care of Baldwin Earl of Flanders. and Philip his Son, a Child, succeeded him, between whom and the Duke there was always a firm Peace, he being left by his Father under the Tuition and Protection of his Uncle Baldwin Earl of Flanders, who was a great Assistant to William, and whose Daughter [1.] Ibidem, 183. D. Whose Daughter William had Married. Matild he Married in the midst of these Tumults, Insurrections, and Troubles. About the same time Galfrid * Ib. 188. D. Martell also died; These Enemies dead, he is at leisure to pursue his Design upon [2.] Ibidem, 189. B. He claims Anjou. Anjou, to which, besides the Gift of the King of France, (upon the conclusion of Peace between them after the Battle of Mortimer in Caux) he had likewise a Title from Herbert Son of Earl Hugh, whom Martel had Expelled; He dying without Issue, left William his Heir, and willed his People they should seek for no other Lord; but they set up Walter Earl of Main, who had Married the Sister of Hugh; [3.] Ibid. D. The Anjovins submit. yet not long after, being wearied with the Incursions of William, they joyfully received him as their lord [4.] Gul. Pict. 196. C. These Successes and the Fame of his Piety, by founding, endowing, and advancing Churches and Monasteries, spreading through France and the adjacent Countries, brought a great frequency of Foreign Nobility to his Court, as well Ecclesiastic as Secular, some esteeming it a favour to be allowed to remain there, others to observe and take Advice, and some to enter into the Service of the Duke: And it added much to his Glory, that being at this time in an universal quiet, [5.] Ibidem. none daring to Arm against him, that he provided for the security of Church and State, [6.] Ib. 193. B. C. D. and 194. A. B. discouraging the Lose, Luxurious, and Profane ecclesiastics, encouraging the Sober, Learned and Pious; taking care also of the Cause of the Widow, Poor, and Fatherless, by quickening the Execution of the Laws, and where they were not sufficient for that purpose, ordaining new ones. In this Recess from War and Business, He goes over into England. See the Reign of Edward the Confessor and of Harold. he went over into England, as is related, in the Reign of Edward the Confessor, whither the course of this History is to be referred until the end of his Reign, and also unto the end of the Reign of Harold. This mighty Fame he acquired by these Actions; and the opportunity he had given him [7.] Here in Ed. Confessor. Of the easy Conquest of England. The Clergy Ignorant and Debauch, and Nobility Lose and Profane, etc. of viewing and observing the chief Fortresses, Cities, and Castles, when he was in England, were no small Advantages towards the Conquest of it: But that which made it easy, and the Possession more peaceable, were the irreconcilable Feud between Harold and his Brother Tobi, the [8.] Malmsb. vit. Gul. 57 a. n. 54. ibid. b. n. 10. Mat. Par. vit. Fred. Abb. 46. n. 30. Looseness, Debauchery, and Ignorance of the English Clergy and Nobility, [9.] In the Manusc. Book of Additaments, fol. 79. b. cited by Dr. Watts his Notes upon Mat. Paris, fol. 3. the large Possessions of Religious Houses, which if they had been in the hands of Temporal Lords, would have enabled them to have made Resistance, but being in their hands, (m) William answered the Abbot of St. Alban, giving him this reason of the easiness of the Conquest, and quiet possession of England, That if this were the cause, the Conquest of England might be as easy to the Danes, or any other that should make War upon him, Ibidem. and he should not know how to defend his Kingdom, and therefore began with him, and took away some of his large Possessions, to maintain Soldiers for the defence of the Nation, almost all his Lands and Lordships (as 'tis said there) between Barnet and London Stone. they neither would, or aught to oppose him, who they thought had right to the Kingdom. And lastly, The different and jarring Saxon, Danish, and Norman Interests, which inclined them several ways, See the Reigns of Etheldred. Harold the 1st. Hardecnute, and Edward the Confessor. the Saxon Nobility and People would have had Edgar Atheling the right Heir of that Line their King: The Danish would have brought in Swain King of Denmark, who claimed from Hardecnute, and both perhaps against the Norman Interest, as being lately introduced in the Reign of Etheldred by the Marriage of Emme, except such as by the example of Edward the Confessor, were inclined to, and trained up in the Norman Modes and Customs, Norman Bishops and Great Men before the Conquest. who preferred many of that Nation to great Dignities; so that in this time there was [1.] Scriptor Norman. 1023. Robert Archbishop of Canterbury, William Bishop of London, * In Append n. 9 al. Wulsus who obtained the Charter of the Liberties of that City from the Conqueror, Vrsus Bishop of Dorchester in Oxfordshire, the greatest Diocese in England, all Normans; Randulph Peverell in Essex, Fitz-Scrobi in Salop, Ralph Earl of East-Angles, Danbin de Bear, Hugolin his Chancellor and Steward, Swein of Essex, Alfrid the Yeoman of his Stirrup, and many other Laics, Men of great Power and Reputation with the People, who had several Employments here, especially those placed to defend the Marches against the Welsh, and called in for that purpose by Edward. The Conqueror after the Battle of Hastings, fatal to the English, [2.] Pictav. 204. C. D. The Conquerors March after his Victory at Hastings to Romney. having buried his dead, and appointed a stout Governor in that Fortress, marched to Romney, where having revenged himself of the Cruel Inhabitants, (so they are there called) for the Slaughter of some of his Men, by a mistake landing at that place, he thence advanced to Dover, whither, though an innumerable Multitude of People had betaken themselves, as to a place by reason of the Castle inexpugnable, yet dismayed with the Conqueror's approach, the place with all readiness submitted to him, Dover yields. who after eight days Fortification of it, marching from thence, and leaving his sick Men there, not far from Dover, the Kentish Men of their own accord came in to him, swore Fealty, and gave Hostages for the performance of it; The Kentish Men of their own accords come into William. [3.] Ib. 205 A. B. etc. Canterbury sends h●r submission. Canterbury also sends her Submission, and the next day he came to the Broken (b) In Latin Fracta Turris, this place is somewhere in Kent, and not far from Canterbury, but where I know not. Tower, proceeding forward, and understanding where Stigand the Archbishop, with the Earls Edwin and Morcar, and others of the Nobility (who designed to have Edgar Atheling their King) were assembled, he made towards them, and encamped not far from London, from whence some Troops issuing out against him, 500 Normans Horse which were sent against them, drove them back into the City, not without the Slaughter of many by the way; This Action was followed with the Firing of all Buildings on that side the River Thames, Archbishop Stigand deserts Edgar. and proceeding whether he pleased, passing over the River at Walingford, whether Stigand followed him, who deserting Edgar, made his Peace with William, and owned him as his Sovereign; London submits, and gives Hostages. proceeding from hence, so soon as he came within sight of London, the People there, as well Citizens as others, which were many, submitted themselves, and (as the Kentish Men had done) delivered him Hostages: such, both for number and Quality, as he desired. The Bishops and Nobility supplicate him to be King. This done, as well the Bishops as other Great Men supplicate him to receive the [4.] Ibidem. His Army also would have it so. Crown, for that they desired to have a King, having been accustomed to live under one. He acquaints his Confidents with this Address of the English, who persuade to a Compliance with it, as being upon their Knowledge the unanimous desire of the whole Army; He weighing all things, could not but yield to the importunity of so many petitioning and persuading him to it, therefore staying near London, he sent some before to raise a place of security and Fortress within the City, and prepare things fit for such a Royal and Magnificent Solemnity. [5.] Ibidem, D. 206. A. An. Dom. 1666. They dare do not otherwise being overawed by his Army there present, Hou. f. 258. a n. 10. The day designed for his Coronation was Christmass-day, when much People, as well English as Normans, assembled at Westminster, where Aldred Archbishop of York, after an Oration to the English, asked them, if they consented he should be Crowned, who all cheerfully with one Voice consented; The like being done to the Normans by the Bishop of Constance, and their consent declared, (c) Neither Pictaviensis, Ordericus Vitalis, Hen. Huntingdon, or Mat. Paris make any mention of any Oath he took at his Coronation. No Oath taken at his Coronation. Fol. 258. a. n. 14. Col. 195. n. 43. the gest. pont. 154. b. n. 9 or not such an one as 'tis commonly Storied he took. Sim. Dunelm. Malmsbur. and Hoveden indeed says, the Archbishop exacted an Oath from him, and that he took one before the Altar of St. Peter, and swore to defend the Church and the Governors of it, justly to govern all the People subject to him, to Establish just Laws, and have them duly executed, and to prohibit Rapine and anjust Judgement; and if it were so, [7.] Scriptor. Norman. 1000 'twere the same Oath he took when he was installed Duke of Normandy: not one word hereof the English or King Edward's Laws. he was Crowned by Aldred, (the Archbishop of Canterbury Stigand being then anathematised by the Pope) in St. Peter's, the Abbey Church at Westminster, in the presence of many Bishops, Abbats, and Noblemen. After this Solemnity he looked into the Treasury of Harold, [8.] Gul. Pict. ●06. B. C. D. Harold's Treasure distributed. To his Followers. To St. Peter's Church at Rome. wherein were found vast Riches, part of which he distributed amongst such as were with him in the Battle, and some to the Poor and Monasteries. His Treasury was much increased by the Gifts and Presents from Cities, Towns, and all Rich Men, to their new Lord, of which he sent to the Church of St. Peter in Rome, and lodged in the hands of Pope Alexander an incredible Sum of Gold and Silver Money, And to 1000 other Churches, etc. besides Ornaments; he sent also to a thousand (d) Cathedral, Conventual, and others, such as said Masses for his Success, * Gul. Pictav. 194. C. whose Prayers he was wont to desire and purchase in time of War and Difficulty. Churches in France, Aquitain, Burgundy, and Avergne, to some very large Golden Crosses set with Gems, to others much Gold or Golden Vessels, rich Palls, Copes, or other Vestments. In January next following, [9.] Ibidem, 207. C. He ordains many things for the advantage of London and the whole Nation. during his abode in London, he ordained prudently and justly many things, some for the Advantage and Dignity of that City, others of the whole Nation in general, and some for the profit of the Church, [1.] Ibidem, 108. B. then departing from London, he stayed some time at (e) barking in Essex, in Pictaviensis, Bercingis, in Ordericus, Bertingis, in Bede, Berecing, and not Berkhamstede in Hartfordshire. Berking, while those Places of Strength were perfected which he had caused to be made in the City, The Conqueror stays at London, until he secures London. to check the instability and power of that People, for he saw it in the first place greatly necessary to restrain them; Hither repaired to him the two great Earls of Mercia and Northumberland, and Brothers [2.] Ibidem. Edwin, Morcar, and others Swear Fealty. Ibidem, C. Edwin and Morcar, with many more great Noblemen, whom upon their swearing Fealty to him, he graciously received and granted to them their Possessions. Proceeding further into divers parts of the Nation, he provides for his own safety, by appointing [3.] Order. Vit. 506. B. He Garrisons the Castles and Places of Strength. stout French Captains and Governors, with many Foot and Horse, to remain in and Garrison in the Castles every where, giving them great Rewards for the Labours and Danger they should undergo; he seemed kind to all, but more especially to Edgar [4.] Gul. Pict. 208. C. And goes over into Normandy. Atheling, to whom he gave many and large Possessions. Having thus provided for the security of this Kingdom as well as he could for the time, in Lent, that year, he returns into Normandy, so to settle his Affairs there, as afterwards they might not need his presence. For some long time before he went, the Care and Government of this Kingdom was committed to his Brother [5.] Ibid. D. Odo whom he placed in Dover Castle, and gave him the Government of Kent, with the adjoining South Coast, And appoints Odo Bishop of Baieux, and William Fitz-Osbern, Vice-Roys in his absence. and to * He was Son of Osbern Crepon, who Married a Daughter of Rodulph Son of Sprot, Widow of Richard First Duke of Normandy, by Asperlinge, Gemet. l. 7. c. 38. his Grandfather Herfastus was Gunnora's Brother, ibid. l. 8. c. 15. William Fitz-Osbern, whom he placed at Winchester in the Castle he had built there, with direction to look after the North parts; these he left as his Viceroys, and to them subjected all other his Commanders, Great Men, and Officers in every part of the Nation, some of which used their [6.] Ord. vit. 506. C. power well, others wanting all modesty, immeasurably oppressed such as were under them. [7.] Ibid. & Gul. Pict. 209. B. He takes the Chief English Noblemen as Hostages with him. To leave all safe behind him, he carried over as Hostages Archbishop Stigand, Agelnoth Abbot of Glastonbury, the three Earls Edwin, Morchar, and Waltheof, (f) * Fol. 506. C. Ordericus Strapa Cantuariensis, the Governor, Earl, or Lieutenant of Canterbury or Kent. Hoveden somewhere calls him, Regis Haraldi Stallarius, Master of the Horse, or Standard-Bearer to Harald. Egelnod and others of the highest and chiefest Nobility, and Bishops. [8.] Gul. Pict. 211. C. D. And keeps his Easter or Triumphal Feast at Fecamp. An. Do. 1067. The Beauty of the English envied. The rich Habits of the Conqueror and his Guards. The Feast of Easter he Celebrated at (g) Now Fischamp or Fecamp in Caux, upon the Coast of Normandy, between Haure de Grace and deep. Fiscann Abbey, dedicated to the Holy Trinity, whither came the great Earl Rodulph, Father in Law to the King of France, and much French Nobility, who with the Normans curiously viewing the English, envied their Beauties, which were not inferior to the Grace and Comeliness of Women; and observing the Garb of the King and his Guards, so richly embroidered with Gold, they esteemed all the Habits of Men they had ever seen before, vile and mean in respect of them; they also admired the Silver and Gold Vessels, concerning the number, largeness, and gracefulness of which, incredible things might truly have been reported. [9.] Ibid. 212. A. B C.D. The two Vicegerents behave themselves justly. In the mean while things were very well ordered in the Refectures or several Governments of Odo Bishop of Baieux, and William Fitz-Osbern, who acted severally or jointly, assisting each other as occasion required, and used great Justice as the King had advised them; but the English neither by fear or favour could be kept quiet, who taking an opportunity (especially they of Kent) of the absence of Odo and Hugh Montfort, with the greatest part of the Soldiers from Dover, beyond the Thames, sent to Eustachius Earl of Bulloign, Eustachius Earl of Boulogne, and the Kentish-Men attempt Dover Castle, and are beaten off, or retire. than the King's Enemy, and invited him to join with them in the surprisal of Dover Castle; he agreed with them in the Design, and passed over to them in the dead of the night with a Fleet of chosen Soldiers, and joining with them, assaulted the Castle, but finding the Defendants resolute, and more than were expected, he drew off, retired with his Men to his Ships, and departed; He is reconciled to the King. afterwards he was reconciled to the King, and was Honoured as one of the greatest Personages about him. About this time (h) He was * selden's Tit. Hon. Earl of Northumberland. Coxo a great and powerful English Earl was killed by his own People, Earl Coxo slain by his own Men. for standing firm to William, and not Arming against him with his English Friends and Relations. [1.] 507. D. 508. A. B. Ordericus Vitalis gives another account of the behaviours of the Normans, and the two Vice-gerents, who says the English were mightily oppressed by their Pride and Insolences, The English mightily oppressed by the Normans. and that the lesser Governors of Castles and Places of Strength, did vex and abuse the noble and middle sort of Natives with great Exactions and many Contumelies; and especially Odo and William Fitz-Osbern, who elated with too much haughtiness, Th●ir Complaints refused. They Consult to regain their Liberty. refused to hear the Complaints of the English to do them right, and by force defending their own Soldiers spoiling the English, and ravishing their Women. The English therefore deprived of their Liberty, are mightily troubled, and consult with one another, how they should shake off this Yoke▪ and thus provoked, they apply themselves to (i) Besides Bulloinge, he was Earl of [1.] Ord. vit. 508. D. Guinet. and Tarvena. Eustachius Earl of Bulloinge, etc. as in the former Relation. [2.] Ibid. 509. B. C. D. Eustachius Earl of Bulloing joins with them. William returns, and brings with him Roger Montgomery. The Conqueror having settled his Affairs in Normandy, left the Government thereof to his Wife Maud, and his Son Robert, with the assistance of his Bishops and Great Men, and hearing of the Contrivances of the English and Danes against him, he came to deep on the Sixth of December, and that night passed over to Winchelsea, and brought with him (k) He was Son to Hugh de Monte Gomerico, by Jocelius, Daughter of Weva, Sister to Gunnora, and Turolf her Husband, he Married Mabil the Daughter and Heir of William de Belesine, by whom he had five Sons, whereof Robert de Belesino (a Castle in Perche) succeeded him in his Mother's Inheritance. Roger Montgomery, whom, with his Wife, he had left Governor of Normandy upon his Expedition into England, to him he gave Chichester and Arundel, and some time afterwards the Earldom of Shrewsbury. He keeps his Christmas at London; Cajoles and flatters the English Nobility, and likewise the Welsh. He kept his Christmas at London, where he Treated the English Bishops and Nobility with much Craft, Officiousness, and Flattery, he granted what they asked, and readily heard what they offered to him; with the like Art he cajoled the Welsh, but withal privately directed the English to be prepared to resist their Crafts and Treacheries; all Cities and Countries where he had been, and placed Garrisons, readily obeyed; the West and North parts only gave him Disturbance, and first [3.] Ibid. 510. A. B. C. D. Exeter stands out against him. Exeter refused to Swear Fealty, and to admit the Conqueror or his Forces into the City, but would have paid Tribute, with which he was not satisfied, sending to them, and letting them know, he was not wont to have such Subjects, and presently brought his Army before them, placing the English in the Front; The Chief of those within the City came out to meet him, * Gemet lib. 8. c. 37. having notice of his approach, desire Peace, and promise to do what ever he commanded, and presently Hostages for performance are brought, such, and as many as the King thought fit; In the mean time the ordinary Citizens refuse to give up the City, whereupon he Commands his Army to move near unto it, where before the Gate one of the Hostages, by his Order, had his Eyes put out; then battering the Walls, and undermining them, they within beg his Pardon and Mercy, which he readily gives, by the Mediation of the Chief of them, and the Clergy, who went out to him, It submits. humbly submitting themselves, and confessing the guilt of the People, all things were forgotten as if never done, The Citizens pardoned and enjoy their Estates. and their Goods secured to the Citizens from the Violence of the Soldiers, by Guards placed upon the Gates only, with Command to keep out the Soldiers. * Sim. Dunel. Col. 197 n. 45. Githa the Mother of Harold, and many Citizens escaped and fled into Flanders with great Riches. Here within the Walls he chose out a place for the building of a Castle, and left Baldwin the Son of Earl Gilbert to see it done, and with many other stout Soldiers to remain there in Garrison. From thence he went into Cornwall, He settles Cornwall. and disposing all things there to his own satisfaction, he dismissed his Army, and returned to Winchester, there to recreate and refresh himself all the time of Easter; and not long after he sent for his Wife Maud to come to him, An. Do. 1068. Queen Maud Crowned by Archbishop Aldred. King Henry I. born. De gest. pont 154. b. n. 10. who was Crowned by Aldred Archbishop of York on Whitsunday following; and before the year was out, she brought forth Henry, afterwards King of England. Upon this his return into England, he imposed an importable Tribute upon the English, which Malmsbury reports thus; That Aldred Archbishop of York, whilst William behaved himself with temper and justice toward the English, loved him as his Son, and honoured him as a King, but when he exacted from them an importable Tax, he sent Messengers to him about it, which being hardly admitted, were returned with a rough Answer; whereupon he presently Cursed William and all his Progeny. The King hearing of it, sent some Friends to appease and quiet the Archbishop, but before they came to him he died with Grief. [4.] Ord. vit. 51●. A.B.C.D. William promiseth his Daughter to Earl Edwin, and deceives him. Earl Edwin was assured by the King he should have a Daughter of his in Marriage, yet through the Fraudulent Advice of the Normans he performed not his Promise; This deceitful dealing toward this young Earl, that had long expected his Mistress, together with his hard usage in carrying him and many others beyond Sea with him, as it were his Prisoners, and to show them in Triumph, provoked him and his Brother Morcar to take Arms, Edwin and Morcar take Arms. who being very Popular and well beloved, had the assistance of many in the North parts, and especially of their (l) Blidens' Father Married Edith, Edwins Sister, after whose [2.] Ord. vit. 311. B. death she was Married to Harold. Nephew Blidon King of Wales, who came unto them with a great number of Welsh-Men; Hereupon William caused a search into, and discovery to be made of all the Private Places, and Places of Retreat, and forthwith fortified such as might be any ways advantageous to his Enemies; he built a Castle at Warwick, and gave the Custody of it to (m) He was [3.] Gemet. lib. 7. c. 4. Hen. de Bellomonte, Hen. de Newburg, Roger de Bellomonte, who? Brother to Roger de Bello monte, who was Son to Humfrid de Vetulis, Son of Turolf of Pont Adomar by Weva, etc. he was called Hen. of Newburgh from the place of his Birth, the Castle of Newburgh in Normandy, and made Earl of Warwick by the Conqueror after the Survey. Henry de Bellomonte, so that these Brothers reflecting upon the doubtfulness of their Success, They crave favour. crave favour, which was but in show only granted them; he then also built Nottingham Castle, Which was in show only granted. Nottingham Castle built. and gave the keeping of it to William Peudell. Those which were in York, so soon as they heard these things, delivered the Keys of the City with Hostages to the King, who suspecting their Constancy, raised a Fortress in the City, and placed there a Garrison of choice Soldiers. (n) This Arkill Married [4.] Sim. Dun. Col. 80. n. 34. Sigrid the Daughter of Ecgfrid, the Daughter of Aldun Bishop of Duresm, by Kylvert her second Husband; her first Husband was Vethred Earl of Northumberland, who dismissed her; This [5.] Ibidem, Col. 82. n. 27. Arkill seized some part of Northumberland that was waste, and inhabited it, by Sigrid he had a Son named Gospatric, and he another of that name, afterwards Earl of Northumberland. Archill also, the most Potent of the Northumbrians, makes his Peace, and delivers his Son an Hostage; The Bishop of Duresme likewise is received into favour, and by his Mediation Conditions were offered to Malcolme King of Scots, which he accepted, and swore to a faithful Compliance with William. Lincoln and Huntingdon Castles built. In his return from this Expedition, he built Castles, or made Places of Strength at Lincoln, Huntingdon, and Cambridge, placing in every one of them stout Commanders. [5.] Sim. Dun. Col. 19 n. 56. Afterwards Marleswen, (o) Ordericus calls him Gaius Patricius, he represented his Lineal Extraction from Vcthred aforesaid, by his Mother Algiva, Daughter of King Ethelred, by which, and a great [6.] Ibid. Col. 204. n. 60. Sum of Money, he obtained the Earldom of the Conqueror. Gospatric, and the most Noble of the Northumbrians fearing the severity of the king, and lest they should be imprisoned as others were, taking with them Edgar Athaling, his Mother Agatha, and two Sisters, Margaret and Christina, went by Sea into Scotland, and by the leave of Malcolm King of Scots, stayed there all Winter. While [6.] Ibid Col. ●98. n. 2. & Order. vit. 513. A. The Sons of Harold invade England, and beat Ednoth. William was busied in the North, the two Sons of Harold, Godwin and Edmund, who fled to Dermot King of Ireland, came from thence and landed in Somersetshire, who defeated and slew Ednoth, sent by William against them with an Army of English, plundered and wasted Devonshire and Cornwall, and with a great Prey returned into Ireland. Ordericus Vitalis says, they were beaten by Brien Son of Eudo Earl of Britain, and Gulielmus Gualdi, and returned by weeping Cross. About this time, some of the [7.] Ibid. 512. A. B. The Norman Ladies want their Husbands. Norman Ladies and Women, wanting their Husbands, sent for them to return, and withal to let them know, that if they returned not, they must make use of other Men, to relieve their necessities; Hugo the (p) A Town in Normandy, [7.] Vales. not. Gall. fol. 237. Grentonis Mansio, vel mansionile seu parva mansio. Grentmesnil, who presided at Winchester, Humfrid de Teliolo Governor of the Fort at Hastings, and many others returned into Normandy, Some of them return. sorrowfully and unwillingly deserting the King; [8.] Ibidem. His Soldiers likewise wearied with the Desolations of the Country, where they saw nothing but Burn, Rapine, and daily Slaughters, committed by the Natives as well as themselves, issuing out of Woods and Places of Security, whither they had retired, importuned him for their Refreshment, that they might retire to their fixed Residences, An. Do. 1069. which he willingly granted, and dismissed them with a plentiful Reward for their Services. [9.] Ibid. C. & Sim. Dunel. Col. 38. n. 18. Robert Cumin and 700 Men slain. In the third year of his Reign he made Robert Cumin Earl of Northumberland, who with 700 Men coming to Duresm, and using the People of that Place, and Inhabitants of the Country severely, they Conspired against him, killed him and most of his Men. Soon after they killed (q) He was Son [8.] Ibidem, Col. 205. a. 27. Waltheof who? of Siward Earl of Northumberland, by Els●eda Daughter and Heir of Aldred, also Earl of Northumberland. Robert Fitz-Richard, [7.] Ord. vit. 512. C. Mar●eswen, Gospatric, and Edgar Athelin attempt York Governor of the Garrison at York, with many others; Flushed with this success, (r) [9.] Ord. vit. 513. D. Edric the Forester who? Ordericus Vitalis calls him Marius Suev●●. Marleswen, Gospatric, and Edgar attempt York, where William Mallet then Commanded, who being much distressed by them, the King made haste to relieve, which done, he built there another Castle or Fortress, and left the Command of it to William Fitz-Osborn, and returned to Winchester, where he kept Easter. A second Castle built there. [8.] Ibid. 213. B. C. D. The Danes assist the English. King Sweyn of Denmark, much solicited by the English, and furnished with their Money, about this time set forth 240 Sail of Ships, under the Command of his two Sons Harold and Cnute, and their Uncle Earl Osbern, Manned partly with Danes, partly with English that had fled thither, which roved up and down the English Coasts, upon which they made many Descents; [9.] S. Dunel. Col. 198. n 40. At length having joined a Fleet provided by Edgar, (q) He was Son [8.] Ibidem, Col. 205. a. 27. Waltheof who? of Siward Earl of Northumberland, by Elfleda Daughter and Heir of Aldred, also Earl of Northumberland. Waltheof, (r) [9.] Ord. vit. 513. D. Edric the Forester who? Ordericus Vitalis calls him Marius Suevus. Marleswain, and many others, they came into the Mouth of the River Humber, where they received Gospatric with the whole Force of Northumberland; with which united Strength, about the middle of September, And joining with the Northumbrians, take York and 3000 Normans. they assault the City of York and its two Fortresses, take them, and kill more than 3000 Normans, William Malet, the then Vicecomes, his Wife, and two Children, Gilbert de Gant, and some few others having had their Lives spared. [1.] Ibid. Col. 199. n. 2. The Conqueror marcheth with a great Army into Northumberland, wastes it, and buys off the Danes. King William being advertised of this Slaughter, raised a great Army, and marched speedily, and in great fury into Northumberland, which he wasted all Winter, killing the Inhabitants, and committing other Cruelties; in the mean time by Messengers, he Treated with the Danish Earl Osbern, and promised privately to give him a great Sum of Money, and permitted him to take Provision for his Army upon the Sea Coasts, so as after Winter he would departed without Fight; to which he agreed. The [2.] Ibidem. n. 20, 30. Northumberland void of Inhabitants. Nation now was so destroyed by the Normans, and especially Northumberland, that between (s) Then Northumberland was accounted all the County beyond Humber Northwards, as far as Tweed. York and Duresm, it was wholly void of Inhabitants, and lay waste the space of 60 Miles; [3.] Ibidem, n. 50. he remained some time with his Army between the River's (t) Two Rivers which bond the Bishopric of Durham North and South, the Land between them was anciently called St. Cuthbert's Patrimony. Tees and Tine, where he found the Houses empty, the Inhabitants having fled for their safety unto the Mountains, and into Woods; [4.] Ord. vit. 515. B. C. D. Gospatric, and Earl Waltheof reconciled to the Conqueror. here Earl Waltheof and Gospatric were reconciled to him, giving their Oath of Fealty. From thence he returned to York, and having established all things there, and in that Country, he marched over Mountains, and through Woods, cross the Country into Cheshire and Wales, to correct those People, who besides other Offences committed, had lately besieged Shrewsbury; and arriving [5.] Ibidem, 516. A. He quiets Mercia. safely with his Army at Chester, he quieted the whole Country of Mercia, (*) S. Dunel. 202. n. 47. The Castles at Chester and Stafford built. and (u) He was called By the Normans, Sylvaticus, and sometimes Forester, for his living in and frequenting the Woods for his security, [1.] S. Dun. Col. 197. n. 29. he was Son of Alfric, who was Brother to Edric Sireon, the Arch-traitor, Earl of Shrewsbury. Edric the Forester was reconciled to him; which done, he raised a Fortress there, and another in his return at Stafford, and placed strong Garrisons in both; From thence he marched to Salisbury, where largely rewarding his Soldiers for this Expedition, dismissed them. While [6.] S. Dunel. Col. 200. n. 20.30. Col. 201. n. 20, etc. Malcolm King of Scots waste▪ Teesdale▪ Cleveland, etc. William lay between Tees and T●ne, Edgar Atheling, with his Mother and Sisters, and many others, took Ship at the Mouth of the River (x) The River upon which Duresm is seated. Were, and passed into Scotland, the Danes all that time doing nothing further against the King, or returning home; when Malcom King of Scots, with a great Multitude, passing by Cumberland, Gospatric wastes Cumberland. then in his power, wasted and plundered Teesdale, Cleveland, and Holderness, carrying away great Spoils and many Men and Women, [7.] Ibidem, n. 30, etc. Malcolm Marries Edgar Atheling's Sister. which were made Servants and Slaves to the Scots. In revenge of these Ravages, Gospatric enters Cumberland, and makes the like destruction there. When Malcolm after this Inroad returned home, he Married Margaret Sister to Edgar Atheling. [5.] Paris in vita Fred. Ab. fol. 49. n. 10. See the Answer to Argum●ntum An●. Not long after Lanfranc was made Archbishop of Canturbury, the stout Abbot of St. Alban Frederic practised with many of the Nobility, to have made Edgar Atheling King; and notwithstanding a Peace made with William, yet fearing lest he or his Archbishop should vent their fury upon him, left his Convent, and went privately into the Isle of Ely. [6.] S Dunel. Col. 203, 22. Frederic Abbot of St. Alban, with many Bishops and Noblemen, retire into the Isle of Ely. Upon the same fears Edwin and Morchar retired from Court, and suspecting the success of their Affairs, Edwin determined to go unto Malcolme King of Scotland, but in his Journey thither was slain, being betrayed by his own Followers; Morchar betook himself to the Isle of Ely, where he met with (besides Abbot Frederic) Agelwin Bishop of Duresme, Siward called Barn, Walter Bishop of Hereford, and many other great Men of the English, [7.] Dugd. Hist. of Draining. fol. 186. who sent for [8.] Ingulph. Hist. Croyl. 511. a. n. 42. They send for Hereward, and defend it a long time. Hereward, or Heward, (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, than Abbot of that place, and his Monks, whose the whole Island was, and on their behalf the same was fortified against the King; [9.] Hist. aliens. 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 Garrison or Guard, remains at this day at the South-west end of Audery Cause-way, in the Parish of Wivelingham, or Willingham; 'tis 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 Garrison 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 Abbot, and resolved not only to yield peaceably to the King, The Abbot 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 ●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 rendered themselves in hopes of the King's favour, he only refusing, would not submit, [5.] Ibidem, fol. 512. a. n. 50. b. n. 2. And disposeth all the Temporal and Ecclesiastic Preferments 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 Abbey. [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, Bishoprics, 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, etc. 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 Conqueror's Standard-bearer. Walter Lacey, and others, to oppose the Welsh. To Gherbod a Fleming, 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 Sister's 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 Huntingdon. Northampton and Huntingdon, with his Niece (c) Judith [5.] Gemet. lib. 8. cap. 37. was Daughter of the Countess of Albemarle, the Conqueror's 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 William's Sister, he gave Holderness. To Ralph (e) He was a Britain, 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 Britain, not far from Montfort le Can, of which Castle he was Lord also near Ren●es. Guader the Earldom of Northwic or the East-Angles. To Hugh de Grentmesnel he gave the Town of Leicester; and to many other Noble Persons he distributed many Cities and Towns, Ralph Guader had Norff. or the East-Angles, etc. with great Power and Honours. (f) He was Son of Guachelm de [1.] Ibidem▪ 522. B. Hen. de Ferrariis, who he was. Ferrariis, and though no Earl at the time of the Survey, he had then 176 Lordships, Manners, or Farms, besides Tutbury Castle, [2.] Domesday-Book. in several Counties, whereof in Darbishire 114. To Hen. de Ferrariiis the Castle of Tutbury; and to many Strangers and others of mean Quality, Odo Earl of Kent. he gave many and great Honours, insomuch that they had here in England Clients and Dependants far richer and more powerful than their Fathers were in Normandy. His Brother Odo, by the Mother's side, received from him the Earldom of Kent, [8.] Ord. Vit. 522. D. was a Count Palatine, and gave Laws as Viceroy, or [9.] Ibidem. second King, and was Justiciary [1.] Justiciary of England. of England, the chief Man for Administering Justice under the King; and after the death of William [2.] Malms. 62. b. n. 53. Fitz-Osbern, he was Vicedominus or Vidame of all England under the King. Besides those in Kent, [3.] Domesd. in the several Counties. Odo had 439 Lordships of the Gift of his Brother. where he had 184 Lordships or Farms, he also had in Essex 39, in Oxfordshire 32, in Hertfordshire 23, in Buckinghamshire 30, in Worcestershire two, in Bedfordshire eight, in Northamptonshire 12, in Nottinghamshire five, in Norfolk 22, in Warwickshire six, in Lincolnshire 76; in all 439. To [4.] Orderic, 523. A. Geofry Bishop of Constance had 280 Lordships. Geofry Bishop of Constance in Normandy, who was often his Lieutenant-General after the Battle of Hastings, he gave 280 Manners, which he left to his Nephew Robert Molbray, made Earl of Northumberland by William the Conqueror, [5.] Hoveden, 243. b. n. 47. after the death of Walcher Bishop of Duresm, who had the Government of it. Robert also Earl of Moreton in Normandy, and by his Mother, Brother to William, had the Earldom of [6.] Malmsb. 88 b. n. 46. Cornwall given him, and in that 248 Manners, [7.] Domesd. in the several Counties. Robert Earl of Moreton in Normandy, and Cornwall in England, half Brother to William, had 793 Lordships of his Gift. The Earl of Richmont. in Sussex 54, and the Burrow of Pevensey, in Devonshire, 75, and a Church and House in Exeter, in Yorkshire 196, in Wiltshire five, in Dorsetshire 49, in Suffolk 10, in Hantshire one, in Cambridgeshire five, in Hertfordshire 13, in Buckinghamshire 29, in Gloucestershire one, in Northamptonshire 99, in Nottinghamshire six; in all 793. And now while I mention these Earls and their Possessions, I shall be somewhat more large in the Account I give of these two following, that in some measure the Power and Authority of the Earls in those days may appear. And first I shall take notice of [8.] Vincent, fol. 57 Alan Fergant Earl of Britain in France, whose Grandmother Hawis was Great Aunt to William the Conqueror; This [9.] Ord. vit. fol. 544. C. Alan Married Constance, Daughter to King William, to [1.] Ex. Reg. Honor. de Richmond in Bibl. Cotton sub. Effig. Faustini. B. 7. fol. 7●. whom in the third year of his Reign, at the Siege of York, he gave all the Lands of Earl Edwin in Yorkshire, in these words. [2.] Ibid. & Cambden in Richmondshire. The Conquerors Grant to the Earl of Britain. Ego Gulielmus cognomine Bastardus Rex Angliae do & concedo tibi (g) He Married the Conqueror's Daughter Constance, but why he called him his Nephew, I know not. Nepoti meo Alan● comiti Brittaniae, & haeredibus tuis in perpetuum omnes villas, & terr●s, quae nuper fuerunt Comitis Edwini in Eborascirâ, cum feodis militum, & Ecclesiis, & aliis libertatibus, & consuetudinibus ita liberè, & honorisicè, sicut idem Edwinus eadem tenuit, data obsidione coram Civitate Eboraci. (That is) I William, Surnamed Bastard, King of England, give and grant to thee my Nephew Alan Earl of Britain, and thy Heirs for ever, all those Towns or Villages, and Lands, which were lately Earl Edwins in Yorkshire, with Knight's Fees and Churches, with other Liberties and Customs, as freely and honourably, as the same Edwin held them; Dated in the Siege before York. These Lands when given, were [3.] Ibid. in Registro de Richmond. Gildable, (that is) paid a Rent, Tax, or Custom to the King; but by his favour they were changed into a Liberty or (h) Honour was feodum Nobile, beneficium Regale, An Honour, what it was. The general practice of the Normans in building Castles for their own safety. in these ancient times granted by the King for great Services done, or to be done, it was the same sometimes with the Parony or Earldom itself; sometime it signified the Jurisdiction of them, and other some the Capus Baronia, the chief Seat, Castle, or place of Residence of the Earl, or Baron, and was never then attributed to small Baronies. Honour, which was the Northern part of Yorkshire, now called Richmondshire. Being possessed of these Lands, he built a Castle [4.] Ibidem, Richmont Castle built. Why so called. and (i) This was the general practice of the Normans, to whom the Lands of the English were given, especially of the great ones, and of the Conqueror himself, who was at vast Expenses in building very many Castles. Place of Strength by his Capital Mansion of Gillings, for the defence and safety of his People and Tenants against the English and Danes, than thrust out of their Estates and Inheritance, and named it Richmont, according to the French denomination, which signifies Richmount or Hill, it being situated upon the highest and most pleasant part of all that Territory. For the guard and security of this Castle, It was Guarded by the Earls Tenants. his chief Tenants had their several Places assigned them, and had several Knights Fees given them for their Service, thus set down in the Register, or Book of Richmond in Cottons Library. Placea Ranulphi fill. Roberti in Castro Richmond ad Capellam Sancti Nicholai, six Knights Fees; The Establishment of the Guard of Richmont Castle. Ibidem inter feoda Militaria. He had six Knights Fees. This and the rest I shall render in English as there mentioned. The place of Ranulph Fitz-Robert in the Castle of Richmond by the Chapel of St. Nicholas. The place of the Constable in the Keep, Ibidem inter feoda milit. he had six Knights Fees and an half. The place of Brian Fitz-Alan, in the great Hall of Scouland. He had four Knights Fees, and a sixth part. He had three Knights Fees, and a sixth part. The place of Torphin Fitz-Robert of Manfield, between the Kitchen and Brewhouse. He had three Fees, and a sixth part. The place of Ralph Fitz-Henry, on the West part of Scouland Hall. He had three Fees, and an half. The place of Conan Fitz-Helias, by the Keep on the East side without the Wall. He had two Fees, and an half. The place of the Chamberlain, on the East part of Scouland Hall by the Oven. He had two Fees. The place of Tho. de Burge, on the West part of the great Chapel, by the Cannons in the Wall. He had in this part of the Honour of Richmond in Yorkshire [5.] Ibid. b. 68 Knights Fees and an half, and had here at the time of the Survey 166 Lordships, Manners, or Farms; in Dorsetshire one, in Essex eight, The Earl of Richmont had 442 Lordships of the Gift of the Conqueror. in Hantshire two, in Cambridgeshire 63, and ten Burgages or Dwelling-Houses in Cambridge, in Hartfordshire 12, in Northampton one, in Nottinghamshire seven, in Norff. 81, in Lincolnshire 101; in all 442. All his Tenants ought Suit and Service to his Court, and for this Honour, and under the Title thereof, there were Courts kept for the Tenants of it several Counties every three weeks, and are kept to this day in Norff. And the Jurisdiction of these, and the like Courts usually extended no farther than to some Personal Actions between the Tenants and such matters as appertained to the Lands belonging to the Honour; Tenants bound to Castle-Guard. and most probable it was, that all these Tenants of these Lands (as also in all other Fees where the chief Seat or Head of them was a Castle) did watch, and were bound to Castle-guard at appointed times; as may be gathered from what will be said next concerning the Earls of Chester. The first [6.] Ord. Vit. fol. 522. A. whereof was Gherbod a Fleming, made Earl by William, Anno Dom. 1070. who going upon an Expedition into Flanders, fell into the hands of his Enemies, and was there detained Prisoner all his Life, upon whose restraint the Conqueror created (k) He was Son of Richard [1.] Gemet. lib. 7. cap. 6. Hugh Earl of Chester, who he was. Surnamed Goz, Vicecomes de Abrincis, or Viscount of Auranches in Normandy, whose Father was Thurstane [2.] Ibidem. Surnamed Goz, Son of Anfrid a Dane. Hugh de Abrincis Earl of Chester, who with (l) He was Son of [3.] Ord. Vit. 669. C. Robert Roelent, how he was. Humfrid de Teliolo, who was another Son of Anfrid the Dane, and Governor of the Fortress the Conqueror erected at Hastings. This Robert was Cousin German to [4.] Ibidem. B. C. Richard de Abrincis, Father to Hugh Lupus Earl of Chester, and was Commander in Chief at the Siege of Rochester Castle. Robert Roelent, and Robert de Malo Passu, and others, shed much Welsh Blood; [7.] Ibidem. he was a Man of great Note amongst the Normans at that time, and an expert Soldier, and therefore placed here to restrain the Incursions of the unconquered Welsh; This Earldom was given to hold as freely by the Sword, as the King held England by the Crown. 'Tis commonly storied he had several [8.] Monast. Angl. vol. 1. p. 202. Barons under his Jurisdiction, but whether they were so or not, there were many that held great Estates of him, and had shares and Commands in the Government of this petty Kingdom; amongst whom these were chief. Robert Fitz-Hugh, [9.] doomsday in Cestreshire, where all the Places are named. Barons, or reputed Barons of Cheshire. whose Seat was at Depenbach, now called Malpas, who held of him 31 Manners, part of Manners or Towns. William de Maldebenge, whose Seat was at Wickmalbanc, now called Nantwich, held 47 Manners, etc. William Fitz-Nigell, called sometimes Constabularius, had his chief Seat at Heleton, now Halton Castle, and held of him 29 Manners, etc. Richard de Vernon, whose Seat was at Shipbroc, held of him 17 Manners, etc. Hugo de Mara held 14 Manners, etc. Hamo de Masci, whose Seat was at Dunham, commonly called Dunham-Masci, held 10 Manners, etc. Bigot de Loges held 12 Manners, etc. Gilbert Venator or de Venables, whose Seat was at Kinderton, held 19 Manners, etc. Robert de Roelent, whose Seat was Roelent or Ruthelan Castle in Flintshire, from whence he had his Surname, held 16 Manners, etc. This Robert was General to Earl Hugh, Robert Roelent General to the Earl of Chester. who for fifteen years together checked the Welsh, and daily gained upon them, and enlarged the Conqueror's Territories, [5.] Ibidem. but at last, after many sharp Conflicts, and bold Adventures, hazarding himself too far, with no more than one Soldier, he was unhappily slain. He held North-Wales in Farm of King William, at the Rent of 40 l. per Annum, [6.] doomsday in Cestreshire. besides Ross and Rewinioc, extending twelve Miles in length and four in breadth, which he held in Fee. After this manner William placed several others in other parts of the Borders of Wales, giving them great Possessions in Land. These Earls of Chester had all Royal Officers, and in State differed very little from Kings; Earls had their great Officers of State. As will be shown more at large concerning Earl Ranulph in the Reign of King Stephen, in whose time he lived. All other Earls likewise had their great Officers of State, though they lived not in the same Magnificence as these Earls Palatine did, The manner of Investiture of an Earl. and the manner of Investiture into that Dignity then, was by girding them with the Sword of the County, as [7.] Folly 154. l. 54. Mat. Paris observes. Earls, as also [8.] Spelm. Glossar. verb. Baro. Earls and Barons had generally Castles, etc. Barons, in these times had every one their Castles very well fortified, and endowed with many Privileges, which were called the Head of their Baronies. And thus much shall suffice to show the grandeur of the Nobility under William, which continued many Ages after him; From this Digression, I return to the History itself. [9.] Sim. Dun. Col. 203. n. 50. A D. 1071 William the Conqueror invades Scotland. King Malcolm submits▪ William having settled England in quiet, invaded Scotland by Land and Sea, with design to subject it to his Government, for that King Malcolme had grievously offended him, and the year before had entered England, and cruelly wasted the Borders thereof with Fire and Sword. But so soon as he had entered Scotland, King Malcolme met him at a place called Abernithi, yielding to him, and held his Kingdom as in subjection to him. At his return William displaced [1.] Ibidem, Col. 203 n. 10. Gospatric from the Earldom of Northumberland, and gave it to Waltheof the Son of Earl Siward. About this time the County of Main [2.] Ibidem, Col. 205. n. 40. The County of Main revolts, and is reduced. revolted from William, who went over into Normandy, and by the help of the English he carried with him, and some Forces he collected in Normandy, he soon reduced it to obedience. [3.] Ibidem, Col. 208. & Malmsb▪ fol. 59 n. 20. Florent. Wigor. A. D. 1074. The Conspiracies of Ralph Guader. In his absence Ralph Waher or Guader, (m) Norman Customs brought into England. So called from Guader Castle in Britain. Roger de Britolio, (n) Bretevill a signory in Normandy of that name, he was Son to William Fitz-Osbern Lord of Bretevill in Normandy, and Earl of Hereford in England, and from him it was, that the [6.] Domesd. Cestrescire Terr. Hug. Com. in manner. Roelend. Atiscros Hundr. same Laws and Customs which were observed in Bretevill, were also observed and practised in Hereford after the Conquest. Earl of Hereford, and Waltheof the great Earl of Northumberland, meeting at Ixninge near Newmarket, on Ralph's Wedding day, (who Married, against the King's Command, Emme Sister to the Earl of Hereford) Conspired against William to deprive him of the Kingdom; and having raised what Forces they could in their several Counties, [4.] Ibidem. endeavoured to join them; but Wulstane Bishop of Worcester having notice thereof, got what Strength he could together, and hindered the Earl of Hereford for passing Severn with his Army, Agelwin Abbot of Evesham, Vrso Sheriff of Worcestershire, and Walter de Laco, a great Baron of Herefordshire, coming with what Power they could raise to the Bishop's Assistance. [5.] Ibidem. And as these prevented Earl Roger in his Proceed: so Odo Bishop of Baieux, and Galfrid Bishop of Constance, with an Army of English and Normans marched against Earl Ralph, whom they found encamped near Cambridge, He flies. and not being able to give them Battle, he fled to Norwich, and soon after got into Britain, and from thence into Denmark, leaving his Forces to the Mercy of their Enemies, of whom the Christmas following some were banished, some had their Eyes plucked out, others their Hands and Feet cut off; Norwich Castle yielded. And Norwich Castle being kept by his Countess, was a while after rendered, and leave given to her to go beyond Sea. [6.] Hen. Huntingdon, fol. 211. b. n. 40. In Denmark he prevailed with Canute, Son to the King, and Hacun a great Earl of that Country, to assist him against William; he sailed to England with 200 Ships, but when they came upon the Coast, finding an Army ready to receive them, they diverted their Course, and Landed in Flanders. Some few [7.] Sim. Dun. Col. 209, 210. A. D. 1078. Robert eldest Son to William Rebelled against his Father. Unhorsed, and hurt him in the Arm. years after this, his eldest Son Robert, to whom he had given Normandy in the presence of Philip King of France, before his Expedition into England, applieth himself to Philip, and by his Assistance entered Normandy with an Army, and would have made himself Duke thereof. King William hearing hereof, passeth with an Army into Normandy, where in Battle meeting with his Son hand to hand, he was by him unhorsed, and hurt in the Arm; but his Son perceiving by his Voice, it was his Father, suddenly leapt off his Horse and mounted him again, permitted him [8.] Ibidem, Col. 210. n. 10. They are made Friends. to march off with his Son William, being wounded, leaving many of his Followers dead behind him; yet not long after, by the Mediation of the Norman Nobility, [9.] Orderic. 573. B. And Robert is sent General against Malcolm King of Scotland. they were reconciled, and both came over into England. Robert being sent General in an Expedition against [1.] Sim. Dun Col. 211. n. 60. Malcolm King of Scots, who having invaded the borders of England, retreated upon the approach of Robert. Ingulph * Hist. Croyl. fol. 516. a. n. 50. The Castle upon Tine built, whence Newcastle hath its name. says, that Scotland was then subjected to William, and that Malcolm did Homage and Swear Fealty unto him at Abernithi. Robert at his return built a Castle upon the River Tine, from whence the Town of Newcastle took its name. The Conqueror erected many Castles, amongst which the Tower of London was one; This he did, and all his Earls, Barons, and other Great Men after his example, to secure themselves from the Attempts and Insurrections of the English. Towards the latter [4.] Ord. Vit. fol. 648. B. The King of France 〈◊〉 King William. end of his Reign, for the four years he survived his Wife Maud, he was for the most part in Normandy, [2.] Stow. fol. 40. being constantly in War and Dissension with his Neighbours, [3.] Gemet. lib. 7. c. 42. especially with the King of France, who in a Sickness of King Williams, jeered him for his fat Belly, and said he Laid in at Roven; who to show the King of France his up sitting, [5.] Ibid. 655. D. & 656. A. Gemet. lib. 7. c. 44. King William enters his Country. entered his Country in the last week of July, and time of harvest, and wasted it all the way he went; and coming to a Town called by Ordericus (o) Where this Mandatum or Medanta was, I cannot well say, unless it be Mant upon the River Seyn between la Roche Guion and Meulan, the Conquerors direct way or passage into the Country called Veuxin Francois, which he then [9.] Order. fol. 655. D. Feudal Investiture. claimed of the King of France, and made this Expedition to recover. Mandantum, and by Gemeticensis Medanta, he sacked it, where with too much heat and labour, the Castle, Churches, and Houses being burnt by the fury of his Soldiers, he fell into the Sickness, of which he died upon [6.] Ord. fol. 660. D. King William dies. the Ninth of September, Anno Domini 1087. While he was thus employed in Normandy, he had notice that [7.] Ibidem, fol 646. D. Odo his half Brother, whom he had made Bishop of Bayux and Earl of Kent, aspired to the Papacy, and that he had bought a Palace at Rome, whither he was going with a great Retinue of Normans, and much Treasure; [8.] Ibidem, fol. 647. A. on a sudden and unexpectedly meeting him in the Isle of Wight, as he was ready to take the Seas, [9.] Ord. fol. 647. C. Anno Domini 1085. William seizeth his Brother Odo with his own hands. As Earl of Kent, not as a Clerk or Bishop. The Crimes of Odo. with his own hands seized on him, when he could not persuade those with him to do it; who saying he was a Clerk, and could not be Sentenced without the Judgement of the Pope, the Conqueror answered, he seized him as Earl of Kent and his Viceroy, and not as Clerk or Bishop: All his Treasure was taken from him; and the Crimes objected to him were infinite Oppressions of the People under his Government, Seduction of the King's Subjects to forsake the Realm, and for Sacrilegious robbing many Churches; He was sent Prisoner to the Castle of Rhoan, where he continued until the death of William; who as he [2.] See my Preface to this History. The Norman Laws and way of Plead Established here. brought in the Norman Laws, and caused all Plead, and what concerned the Law to be done in Norman French, so at that time the way of (p) Selden upon this passage and observation of Ingulph, somewhere in his Janus Anglorum, admires the honesty and simplicity of those times, and seems not to be well satisfied with the Intricacies, Practice, and Tricks of the Law, and manner of Conveyances of Land in his and our times; but this Practice contains somewhat more than that, it was an Investiture and Gift, or Pledge of Investiture of Feudal Estates in those times; it b●ing a [6.] Hottom. in lib. feud. 2. 'tis 27. §. 7. By delivery of a Sword, Bow, Arrow, etc. Custom that the Lord or Patron of a Fee should deliver his Vassal something as a Monument and Token of his Investiture, that if any Controversy happened concerning his Possession, he might produce it as a Testimony against him. transferring Land was changed. [3.] Ingulph. Histor. Croyland, fol. 512. b. n. 30. In former times many Farms and Manners were given by bare Word without Script or Scroul, How Lands passed before the Norman Conquest. only by the delivery of a Sword, Helmet, Horn, Goblet, Spur, Horsecombe, Bow, or Arrow by the Lord. The Normans called all Chirographs or Writings Charts. And whereas they were made firm before by the Subscription of the Party with a Cross, Sealing of Writings, when first used in England. they now had a Seal fixed to them, set upon Wax, and attested by three or four Witnesses. Yet there were some ancient Charts or Chirographs before the Conquest with Seals appendent to them, but the way of Sealing was very rare in those times. William having Conquered England, subdued [4.] Paris, fol 12. n. 10. Scotland and Wales, Established his Norman Laws here, and his [5.] Gervas'. Tilb. fol. 9 a. Exchequer, according to the form of that in Normandy; takes care for the settling a constant Revenue that might uphold him in his Grandeur and new Acquests, The Conqueror's Revenue. which consisted in several Branches; one whereof was a Land-Tax called Hidage, Hidage was a Land Tax. which he found here before his arrival in the time of Edward the Confessor, as appears every where in Domesday-Book, whereof take some Instances. Hantescire Tit. Terra Hugonis de Port in Fordingbridge hundred. Hugo de Port ten. Cerdeford duo liberi homines in (q) Alodium what it is. Alodium in this place was not Land or an Estate that held of no body, nor though it might be free in respect of other Lands, yet it paid the common and constant Land-Tax of Hidage, which was most commonly 2 s. per Hide; and * Hoved. fol. 176. a. n. 40. Seld. Dom. Sea. fol. 2●6. paid every year extraordinarily sometimes 3 s. sometimes 4 s. sometimes 6 s. per Hide; * Mat. Paris, Anno 1083. fol. 11. The meaning of the Tenure in Alodio. as it was in the Seventeenth year of the Conqueror, and also in some other Kings Reigns, as will be noted hereafter. Some would have this Tenure like that of the Prince of Haynault de Deo & Sole, without acknowledgement of any Superior Lord. But we have no such Land in England; And it signifies here only an Hereditary and perpetual Estate, free and in the power of the Possessor to dispose of it by gift or sale; This Tenure in this Survey refers to the Tenants and Possessors chief before the Conquest. See more of Alodium in the Glossary. Alodium tenuerunt pro 2 Maneriis de R. E. tunc & modo geldabat pro 5 hidis. Idem Hugo tenet Wardeford, Vlricus & Olwardus tenuerunt (r) In Paragio. Lands that were held in Parage; Hottoman [1.] In Verb. feud. in verbo. Paragium & Pariatio, what they signify. says Paragium is a Feudal word, and worth noting, and that by a Barbarism it was used for Pariatio, an Adequation, or equal division of the Heritage amongst Brothers, although Custom hath prevailed so●n some places, that by the Prerogative of Age, the younger hath not so great a share as the elder; so in the [2.] C. 30. Grand-Customer of Normandy, 'tis Tenure in Parage, though the younger hath less than the elder Brother, because they are pairs or equal in Succession in the same Fee and Tenure; they hold a like nobly, and are of the same Lineage, although the younger hold of the elder in Parage. in Paragio de R. E. duas Aulas habuere Tunc se (s) Se defendit; Defendere in Domesday-Book, is the same with Geldare, to be Taxed or Rated, and to pay. defendit pro 4 Hidis modo pro duabus Vn. Virgat. minus. [7.] Domesd. fol. 45. a. In isto Manerio & isto hundred. Ten. Picot. 2 virgat. & dimid. de Rege. Phitelet Ten. in alodio de R. E. pro Manerio tunc & modo Geld. pro duabus virgat. [8.] Ibidem. Hugo de Fort holds Cerdeford, two (t) What Freemen were, and the several sorts and kinds of them, see the first part of the Saxon History and Preface to this History. Freemen or Knights Soldiers held it for two Manners in the time of King Edward in Alodio; then and now it was Taxed, Hidage. and paid for five Hides. Hugh holds Warneford, Vlric and Olward held it in Parage of King Edw. they had two Halls or Mansions, than it paid for four Hides, now for two Hides, and one Virgate, more or less. In that (u) Manerium, [3.] Som●. Glossar. in verbo. a pure Norman word, from the French Manoir, and that from the Latin Mansio a manere, vel [4.] Ord. Vit. 523. A Manerium from whence derived. Manendo, from the Lords remaining or dwelling upon his Fee. It is not to be found here in any of our Authors or Historians before the coming in of the Normans, in stead of which the Saxons used Hida, Familia, Mansura, Ma●sam, Casata, etc. Manner and that Hundred, Picot held two (x) Virgara Terrae. The Saxons called it [5.] Somn. Glossar. in verb. Virgata. Yard land what and how much. GYRDLAND, commonly Yardland, a certain quantity of Land, and perhaps part of a Hid different according to the diversity of Places; for in some it is twenty Acres, in others twenty four, in others thirty, etc. In some but three Roods. Virgates and an half of the King; Phitelet held it in Alodio of King Edw. for a Manner, then and now it is Taxed and pays for two Virgates. These and the like Entries we find, or at least the number of Hides or Carucates in every Town and Manner in doomsday, by which the Tax was limited, known, and understood. The making of this Survey called doomsday was a great design in the Conqueror, doomsday, or the Conquerors Survey how made. and it may not be much out of the course of our History to take notice how it was made, and in what method written. It was made by (y Mr. Selden gives an Account in his Preface to * Fol. 15. Eadmer from an ancient Manuscript, (he thinks as old as the Survey itself) of the names of the great Men that were Sworn in divers Hundreds in Cambridgeshire, and the Isle of Ely, which were most Normans, The Jurors i● Cambridgeshir● and Isle of Ely at the making of the Survey. and presented the Survey according to the form the King had directed. And Comitatus dicit, or testatur, hundreda, vel Wapentachium dicit, vel testatur. Again, homines qui juraverunt, the men that were Sworn in this or that County, Hundred, or Wapentach, do witness, say, and aver, so and so concerning divers matters in debate and controversy, do often occur in the Survey itself. The * [6.] Histor. Ellen. penes Domini Gale, p. 177. b. In Staplebou Hund. Nich de Chenet, Willielmus de Chipenham homo Gaufridi, Hugo, de Herenluge, Warinus de Saham, Robertus Anglicus de Fordhom, Hordmerus de Bethlingham, Alanus de Burwell, Alfricus de Sneillewelle, Isti homines Juraverunt de isto hundredo. In Cestertuna Hund. Juraverunt Roggerus de Cilderlaio, Gifard de Draitona▪ Gislebert de Histona, Surmi de Coten●am, Brunningus de Cestertuna, Almer de Co●en●am, Ledmarus de Draitona, Aermus de Gilderlaio & omnes alii-Franci & Argli de hoc Hundredo Juraverunt. These two Instances are cited out of the ancient Manuscripts mentioned by Selden, Jurors in every Hundred of the County are noted. names of the Jurors in some Hundreds mentioned by Mr. Selden exceed not the number of eight or nine; in others, besides those named, all that were fit for the purpose were Sworn. Verdict or Presentment of Juries, or certain Persons Sworn in every Hundred, Wapentach, or County, before [9.] Goe vas. Tilb. lib. 1. b 29. Commissioners, who were most discreet Persons, and commonly Normans, sent from Court. Those for [1.] Dugd. B●ron. fol. 257. Col. 2. Worcestershire and many other Counties were (z) He was a Monk [7.] Malms. de Gest. Pontif. f. 165. b. n. 20. in the Abbey of Fischampe or Fecampe in Normandy, and gave great Assistance unto William in his Expedition into England, [8.] Eadmer. fol 7. n 1●. for which he made a Bargain with him, to be made a Bishop if he overcame. Remigius Bishop of Lincoln, Walter Giffard [2.] Orderic fol. 522. C. And other Counties. Earl of Buckingham, (a) He was Son [9.] Ord. Vit. fol. 5●2. d. of Gualchelin de Ferrariis▪ a Stranger, and an Adventurer with the Conqueror, and was possessed of 176 Lordships or Manners, whereof in [1.] Domesd. in come. Derby Darbyshire 114, as before was noted. Hen, de Ferriers Earl of Derby, and (b) This [2.] Monast. Angl. vol. 2. fol 889. n. 50▪ 60.4 ibid. 900. n. 20. Adam third Son of Hubert de Rye. Adam who had given him great Possessions in Kent, was third Son to Hubert de Rye, a trusty Servant to William when Duke of Normandy and employed by him to Edward the Confessor, in the business of declaring him his Successor to the Crown of England, etc. Eudo being his fourth Son. Adam Brother unto Eudo Steward of the Household, or Sewar to the King, who enquired into, and described as well the Possessions and Customs of the Conqueror, as of his great Men; Commissioners in Worcestershire. [3.] The Books themselves. How and of what things the Survey was made. They noted what and how much Arable Land, Pasture, Meadow, and Wood every Man had, and what was the extent and value of them before the Conquest, and at the present time. The Survey was made by Counties, Hundreds, Towns or Manners, Hides, half Hides, Virgates, and Acres of Land, Meadow, Pasture, and Wood Also they noted what Mills and Fishings, and in some Counties what and how many Freemen, Sockmen, Villains, Bordars, Servants, young Cattle, Sheep, Hogs, working Horses, Skeps of Bees, etc. in every Town and Manner, and who they belonged to. Always in every County setting down [9.] The Books themselves. the King's name first, and after him all his great Men in order that held of him in chief, with numbers placed before them for the better finding them in the Book, as may be * Append. n. 10. seen in the Catalogue of Tenants in chief, or the Possessors of Lands at the time of the Survey there following. All England except three Counties, of Westmoreland, Cumberland, and Northumberland, That part of Lancashire between the River Mersey and Ribble was laid so and described in Cheshire, the other part was described in Yorkshire. was described, and part of Wales, and the Description or Survey written in two Books, called the great and little (c) Domesday-Book why so called. There was no receding from, or avoiding what was written in this Book, and therefore ob hoc (as * P. 41. b. doomsday from the Saxon Dome Bordarii what they were. Gervase of Tilbury says) nos cundem librum judiciarium nominamus, non quod in eo de prepositis aliquibus dubiis feratur sententia, sed quod ab eo sicut ab ultimo die judicii non licet ulla ratione descedere. Domesday-Book, remaining in the Custody of the Vicechamberlains of his Majesty's Exchequer. The little Book contains only the Counties of Norfolk, Suffolk, and Essex, this Survey was begun about the Fourteenth year of the Conqueror, and finished [1.] Little doomsday, fol. 450. in the Twentieth of his Reign, Anno Domini 1086. To make the manner of the Entries in these Books more clear, I shall give one or two Examples. Easessa. Terra Regis dimid. hundred. de Witham. Witham tenuit Heraldus T. R. E. pro Manner. & pro 5 Hidis tunc 21 (d) What these Villains were, see in the letter (f) hear following. Villain. modo 15 tunc 9, In the Appendix are two Catalogues of all the Ter-Tenents, or as they may be called, Proprietors names in this Survey, one Alphabetical. the other as they are found before the Description of every County. (e) Bordarii from the French Bordier, a Villain or Cottager, and that from Board a little House, or Cottage in the Fields, etc. [7.] Custum. Norm. Gloss. sup. c. 28. Bordage was a Tenure, where such a House or Cottage was given to any one to do any base Service for his Lord, as to be an Executioner or Hangman, or other base Service, and he who had any thing given him after that manner, could not sell, give, or engage it, for that it was given him to hold after that form. Bordar. modo 10 Tunc 6 (f) Servi what they were. Servi▪ Servants, or rather Slaves, (for Servus in Classic Authors never signifies otherwise) were of [8.] Spelm. Gloss. fol. 513. col. 2. See more what Villains were in after times in the Glossary. two sorts, better or worse, or Predial and Personal, Predial although they were of a Servile Origin and Condition, yet they possessed their La●ds and Goods at the will of the Lord, performing such rustic and servile works as were commanded them, in Villas or Villages, from whence they were called Villani, such as are noted above. The Personal Servants or Slaves had nothing of their own, but what they gained was their Lords who fed and kept them. These and their Children were Slaves, the former probably by purchasing a certain Estate in their Lands, having by their industry grown rich, many of them became Freeholders, or at least Copy-holders' of Inheritance; In process of time the word Servus was quite disused, and the word Villanus used to express both these sorts of People, unless Nativus or Bond-Servant or Man, might happily to used for the Personal Servant, which were the same with the Germane Mancipia, so frequently mentioned in their very ancient Laws, Charts, or Charters, and called by our Saxon Ancestors AGENHINE, that is Proprius Servus, one's Proper Servant. servi modo 9 tunc 23 Sochemanni & modo similiter tunc inter totum valebat 10 lib. modo 20 sed Vicecomes inter suas consuetudines & placita, de dimid. hundred, recipit inde 34 lib. & 4 lib. de Gersuma, in hoc Manerio adjacebant T. R. E. 34 liberi homines qui tunc reddebant 10 sol. de consuetudine & 11 d. ex illis tenet Ilbodius 2 de 45 acr. & val. 6 sol. & red. Manner. suam consuetadinem. Tedricus Pointel 8 de dimid. Hid. & 22 acr. dimid. reddentes co●suetud. Ranulph Piperel 10 de 2 hid. & 45 acr. non reddentes consuetudinem. Willielmus Grosse 5 & unus tantum reddit consuetudinem, & val. 3 lib. 13 s. Rad. Baignard 6 & unus red. consuetud. & val 20 s. Homo Dapifer 1 de dimid. Hid. & val 20 s. Goscelinus Loremarius habet terram unius & non red. consuet. etc. modo custodit hoc Manerium. Petrus Vicecomes in manu Regis. Thus in English. Easesse, Title in the top of Leaf, the King's Land; The way how the Towns, Manners, or Lordships were entered in the Survey. and before the particular Manner or Town, the Hundred in which it lies is noted, as here the half Hundred of Witham. Harold held Witham in the time of King Edward for a Manner, and for five Hides, than there were 21 Villains now 15, (for they set down what was in Edward the Confessors time, as well as in the Conquerors) then there were nine Bordars, now ten, than six Servants or Slaves, now nine: then there were 23 Sochemen, now the same number: then the whole was valued at 10 l. now 20 l. but the Viscount or Sheriff received from the half Hundred for his Customs and Mulcts or Forfeitures 33 l. and 4 l. for Fine or Income. In this Manner, or belonging to this Manner, or in the bounds of this Manner, there were in the time of King Edward thirty four Freemen, which then paid an accustomable Rent of 10 s. and 11 d. of these Ilbod holds two which had 45 Acres, and they were worth to him 6 s. and paid their old Rent to the Manner. Tedric Pointel holds eight, who had half a Hide, and twenty two Acres and half, paying Custom or old Rent. Ranulph Piperel holds ten▪ who had two Hides and 45 Acres, which paid no Custom or old Rent. William Grosse holds five, and only one of them paid Custom, and were worth to him 3 l. 13 s. (by the year is to be understood in all these Sums) Ralph Baignard holds six, and one paid Custom, they were worth 20 s. Hamo the Sewar or Steward holds one, who had half a Hide, and was worth to him 20 s. Goscelin Loremar hath the Land of one, and pays no Custom; Peter the Viscount or Sheriff keeps this Manner in the King's hand. Essessa Terra Regis Hund. de Beventre: Another Example of the Entries in doomsday. Haveringas tenuit Haroldus T. R. E. pro 1 Manner. & pro 10 Hid. tunc 41 villain. modo 40 semp. 41 Bordar. & 6 servi, & 2 Car. in Dominio Tunc 41 Car. hominum modo 40 Sylu. D. porc. C. acr. prati modo 1 Molen. & 2 Runc. & 10 animalia & 160 porc. & 269 ov. huic Manner. adjacebant 4 lib. homines de 4 Hidis: T. R. E. reddentes consuetudinem, modo ten. 3 Hid. Rob. fill. Corbutionis Hugo de Montefori quartam hidam & non reddidere Consuetudinem ex quo eas habuere, etc. Hoc Manner. val. T. R. E. 36 l. modo 40. & Petrus Vicecomes inde recipit 80 l. de censu, & 10 l. de Gersumma. Essex, Title as before, the King's Land, the Hundred of Beventre. Harold held Haveringe in the time of Edward the Confessor for one Manner and ten Hides: then there were forty one Villains, now forty: there were always forty one Bordars, and six Servants or Slaves, and two Carucates in Demeasn, or the Lords hands: there were forty one Carucates amongst the Men or Tenants, now forty: Wood sufficient for 500 Hogs, 100 Acres of Meadow, now one Mill, and two Working-Horses or Packhorses, and ten young growing Beasts, and 160 Hogs, and 269 Sheep. To this Manner there belonged four Freemen, who had four Hides in the time of Edward the Confessor, paying an accustomable Rent; Now Robert Son of Gorbutio holds four of those Hides, and Hugh Montfort the fourth, and have paid no Rent since they held them. This Manner was worth 36 l. now 40. And Peter the Viscount or Sheriff receives from it 80 l. for Rent, and 10 l. for an Income or Fine. These two Instances are sufficient to show the method which was used in making Domesday-Book, but all Entries in it are not alike, they being more or less exact and particular in some Counties than others, according to the care, diligence, and industry of the Commissioners and Scribes. A second Branch of the Conqueror's Revenue. A second Branch of his Revenue was Reliefs or Fines for giving the possession of Hereditary Fees, assignation of Dower out of the Husband's Estate, composition for Licence to Marry, and to have the Wardships of Heirs, or entrance upon Farms due to him from all Tenants in chief, by the Feudal Law of all Nations, where there were Fees as incident to that Tenure; (but by our Lawyers said to be by the Common Law of England) These were called Oblata [9.] Geru. Tilb. lib. 2. c. 13. ibid. c. 24. b. Spontanea, Free Offerings or Bid for such a thing before mentioned, and are such as are entered by themselves upon the Oblata Rolls of King John and Henry the Third. And also when the King accepted what was offered, they were called Conventions, Bargains between the King and Offerer. [1.] Rot. Pip. 14. Johannis Everwics●. Hawisia Countess of Albemarle gave 5000 Marks to have the possession of her Inheritance and Dower. [2.] Oblat. 1. Johan. m. 19 Fines for leave to Marry. Robert Fitz-Roger gave 300 Marks for a Fine for Leave to Marry his Nephew to the younger Daughter of Hubert de Rye. [3.] Rot. ●in. ● Johan m. 9 William de Warenna gave 300 Marks for the Wardship or Custody of the Lands of Gilbert de Aquila; and for the entrance into Farms. Gersunna, an Income, is often found in doomsday, as paid to the [4.] Geru. Tilb. lib. 2. c. 13. Sheriff of the County, who in these elder times stood charged in the Exchequer with the King's Rents and Revenue, all perhaps but the Oblata or Conventiones, and some Fines or Mulcts that were charged upon particular Persons. These were great Sums in the time of King John, but greater in the Conqueror's time. And if we consider the frequency of these Payments, most of the Lands in England being of this Tenure, we must also think of the greatness of the Revenue arising from hence. Also Penal Fines may be accounted part of this Branch. John Earl of Warren had a [5.] Claus. 3. Edw. 1. m 2. Penal Fines. Fine of 10000 Marks laid upon him for assaulting and wounding Sir Alan Zouch and his Son in Westminster-Hall. [6.] Claus. 15. Edw. 1. m. 2. Hugh Despencer paid a Fine to the King of 2000 Marks for Marrying Isabella Widow of Patrick Chaworth, Daughter of William Beauchamp Earl of Warwick, without Licence. Likewise to this Branch may belong all Forfeitures of Goods, and pecuniary Mulcts for Crimes, (Murder not excepted, which was then Penal, * Geru. Tilb. lib. 1. c. 23. Murder Penal, and punished by a Pecuniary Mulct. in some Hundreds it was 36 l. in others 24 l. according to the largeness of the Hundred) all Fines and Pecuniary Punishments for Negligences, Omissions, Misdemeanours, Trespasses, Batteries, Fightings, Wound, etc. which were all redeemed and satisfied by Penalties and Fines, as well now as in the Saxon times; and no Suits, or very few Actions brought for them; but when Actions began to be frequent for these things, they still retained some shadow of the King's Prerogative in them; for in every Writ at this day, wherein are these words, Vi & Armis, by Force and Arms, or Contra pacem Domini Regis, against the Peace of our Lord the King, if the Action comes to Trial, there are some small inconsiderable Fines due to the King, but whether ever paid into the Exchequer is a Question, yet they are always levied by the Sheriff upon a Capiatur issuing out of the Office of that Name. Money paid to the King to have Trials and Judgements. Compositions or Money paid to the King to have Trials and Judgements in many Controversies, (which in these times were common and incident to the Tenure) and Money paid for Liberty to sue and take forth Writs may be reckoned part of this Branch. [7.] Obl. 2. Johan. m. 14. Ebor. William de Stutevill gave 2000 Marks, [8.] Hoved. fol. 456. b. n. 20, 30, 40. pro judicio habendo, to have Judgement in the Barony of Frontebeof, in a Controversy between him and William de Albany concerning that Barony, which was determined by the Council of the Kingdom, and Will of the King, and Peace and final Concord made between them. [9.] Rot. Pip. 2. Richard 1. Ebor. William de Latimer gave 100 s. to have a Trial at Law with Galfrid de Valoins who had possessed himself of part of his Park. And many considerable Sums of Money I have met with given to obtain Writs in several cases in the times about and near unto the Conquest. And this may be the reason why Glanvil so very often in ●his Treatise of the Laws and Customs of England, hath these words, Petens ac querens perquirit breve, the Demandant or Plaintiff may purchase a Writ. Hence 'tis probable at first came the present usage of paying 6 s. 8 d. where the Debt is 40 l. 10 s. where the Debt is 100 l. and so upwards in Suits for Money due upon Bond. The last thing which may fall under this Branch were Tolls and Customs for Passage and Pontage. Tolls and Customs for what paid. Tolls and Customs for Liberty of Buying and Selling. Excise or Tolls and Customs upon [1.] Gervas'. Tilb. lib. 1. c. 21. Victuals, and many other things; Besides the ancient and greater Customs (which are properly so called) upon Merchandises. This Toll for Liberty of [2.] LL. Ed. Con. c. 24. buying and selling, for freedom of Markets and Fairs, and protection in going to, and coming from them, was also in the Saxon times before the Conquest; Therefore it was that Markets and Fairs were then kept, and all things sold in good [3.] LL. Ed. Sen. c. 2. LL. Aethelst. c. 12.13. Towns, Castles, and Ports only, in the presence of the Magistrate of the place or King's Officer. And it was by Law Established in the [4.] LL. Will. 1. c. 61. No Markets but in Cities, burgh's, Castles, etc. Conqueror's time, that no Market or Fair should be permitted but in Cities, burgh's, Walled Towns, and Castles, where the Customs of the Kingdom, the common Right of the King, and Dignity of his Crown, as they were Constituted and Established in the times of his good Predecessors, might not be lost or violated. [5.] Dau. Rep. fol. 12. b. Paid by all Nations. Tolls were Originally imposed according to the value of things, sometimes an eighth part, sometimes a twentieth, sometimes a fortieth; and were ever paid by [6.] Ibidem. Romans, Britain's, Saxons, [7.] Lindinbr. Codex. LL. vet. passim. Tolls were farmed before and after the Conquest. Germans, and perhaps all other Nations. After this rate in the Conqueror's time they were of some value. These were generally farmed both before and after the Conquest. Yet Edward the Confessor kept in his own hands through all England, these three Forfeitures, as they are called in [8.] In Civit. Sciropesberie. doomsday. [9.] Domes. fol. 1. col. 2. Breach of the Peace, Forstell, viz. Cutting Cross, Hedging, or stopping up the King's Highway, and ᵍ Hein-●are flight for Murder, or perhaps taking away another Man's Servant, [1.] Civit. Hereford in doomsday. for every of which there was paid One hundred Shillings. Crown Lands a third Branch of his Revenue. A third Branch of his Revenue were Crown Lands, being 1422 Manners [2.] Domesd. in the several Counties. or Lordships, in several Counties; besides several Farms and Lands in Middlesex, Shropshire, Rotelandshire, in the last of which he had also 150 l. of Rent in white Money. These with the (h) Escheats in general are taken in * Col. 1381. Gervase Tilb. for Reliefs, Wardships, and Marriage Fines also; but more particularly they are interpreted as above written. Escheats (which were Lands, and many times great Baronies) forfeited to the King for (i) The word used in the same * P. 60. b. Author for Felony is Scelus according to the old Feudists, and not Felonia according to later use. Felony or Treason, or that reverted to the Crown for want of Heirs, which together with the Rents reserved out of the Baronies and Lands he gave to his Followers, Escheats. raised a great Revenue in Money; For it cannot be altogether true which Gervase of Tilbury [3.] P. 26. b. 27. a. reports from Tradition, and the Current of Historians from him or one another, that only Victuals were paid for Rent all the Conqueror's time, for the daily Provision of his Household, as Wheat, Beefs, Mutton, Hay, Oats, etc. of which the King's Officers had a Roll of what quality and quantity every Man's proportion was in every County. And that in Henry the First's time, by Special Commissioners sent into every County, upon Complaint and Request of the King's Tenants, the Victuals chargeable upon all Lands were rated at the usual price and the value of them paid in Money; The price of Wheat, to make ●00 Men Bread 1 s. of a Sheep 4 d. etc. A false Story that Rents were paid in Victuals all the Conqueror's time. which was after the rate of a Measure of Wheat to make Bread for One hundred Men, 1 s. for a Ram or Sheep 4 d. for Provender for twenty Horses 4 d. etc. This Story, I say, cannot be altogether true, if compared with Domesday-Book, where we almost every where find what Annual Rent in Money was paid to the Conqueror out of every Manner; out of some 10, 20, 30, 60, 80, 100 l. etc. as we see in the Examples before mentioned. Indeed in some of the King's Manners or Honours, there are firmae duarum vel trium noctium, etc. reserved, that is Entertainment or Provision for two or three nights, according to the old Saxon or Germane way of accounting time by nights, as we by days; and in some others there are so many Muttons and other Victuals reserved, but very rarely, and therefore 'tis most probable, that if ever there was such a practice of paying only Victuals in stead of Rent, and that this Rent-Victuals was by Commissioners turned into Money, it was done by those Commissioners the Conqueror directed into every County, etc. to make the Survey. Custom of Merchandise. To this Branch may be added the Customs of Merchandise, properly so called for liberty of coming in, and going out of his Ports, and passing upon and through his Seas. In short his Revenue was so great, that [4.] Fol. 523. B. Ordericus Vitalis says, it was reported to be One thousand and sixty pound of (k) Sterling from the Saxon STEORE, signifying a Law or Rule, Somn. Gloss. in verbo Esterlingas. Sterling, what it signifies, and from whence derived. Sir Edw. Coke perverts the Sentence. Gervase of Tilbury. and Linge an Addition common among the Saxons, rendering the word to which it is joined more significant, or expressive, as in Dearlinge, Wordlinge, etc. so that Sterling Money is no more than good and lawful Money answering the Standard. Sterling Money, thirty Shillings and Penny half Penny of the just Rents or Profits of England every day of the year, The Conqueror's Revenue was 1060 l. 30 s. ● d. ½ every day in the year▪ 3874497 l. 16 s. 3 d. besides his Gifts and Presents and Pecuniary Punishments, which if we reckon ten times as much now, according to the forementioned rate of things in his Reign, his yearly Revenue amounted to 3874497 l. 16 s. 3 d. But allow it to be fifteen times so much now as then, as may very well be done and not over rate it, than his yearly Income was 5811746 l. 14 s. 4 d. ½ besides free Gifts, Fines, and Amerciaments for Offences. His standing Army not paid out of this Revenue. Besides this great Revenue, he had a mighty standing Army of Horse especially, with which he made good his Conquests without any Expense or Charge issuing out of his Revenue; [5.] Ibidem. After what manner they were distributed, see the Preface here. for the same Author affirms, that he so distributed the Lands of England to his Followers and Soldiers, as he had 60000 Knights or Horsemen constantly at his Command to be employed in any Expedition he pleased. This estimate of Knights Fees, so Established by the Conqueror, is allowed by our great and Learned Antiquaries, [6.] Gloss. fol. 218. col. 2. Sir Hen. Spelman, [7.] Answer to the Reasons for Foreign Wars, p. 9 Sir Robert Cotton, and [8.] Tit. of Hon. fol. 573. Mr. Selden, with an Addition of 215 more. And this number of Knights Fees was the same or greater in the Fifth of Henry the Second, 1159. for then he took Scutage of England only to prosecute the Wars in France, One hundred and fourscore thousand pounds of Silver, if * Col. 1381. Gervase of Canterbury may be credited. If there were then but 60000 Knights Fees, it was 3 l. or as they then reckoned, four Marks and an half upon every Knight's Fees, a very high and unusual rate; but upon extraordinary occasions, as for maintaining of War, and paying of Stipendiary Soldiers, Scutage over and above the Revenue before mentioned was a common and usual Tax; we have both name and thing in Gervase [9.] Lib. 1. c. 22. 'tis Scutagium, etc. Scutage paid to maintain Soldiers. of Tilbury. Fit interdum, imminente vel insurgente in regnum hostium Machinatione, decernat Rex de singulis foedis militum summam aliquam, marcam scilicet vel lib. unam, unde militibus Stipendia vel Donativa succedant. Mavult enim Princeps (l) Sir Edw. Coke transposeth these words, Institut. 1. fol. 69. a. and reads them thus, (perverting the sense of the Author) Mavult Princeps Domesticos, quam Stipendiarios Bellicis apponere casibus. Admiring the wisdom of Antiquity, that the Prince had rather be served in his Wars by his own Subjects than Stipendiary Foreigners. Stipendiarios quam domesticos Bellicis apponere casibus. Haec itaque summa quia nomine Scutorum Solvitur, Scutagium nuncupatur. That is, sometimes upon imminent danger or designs raised by Enemies against the Kingdom, the King may Decree or take upon every Knight's Fee, a Sum of Money, (to wit) a Mark or one Pound, from whence arise the Stipends and Donatives of Soldiers; for the Prince had rather employ in his Wars Stipendiaries, than Domestics. This Sum therefore because it was paid as for a Scutum (that is) a (m) Knight's Fees were called Scuta, from their Shields, a certain part of the Armour the always used; and therefore we see our ancient Kings, and great Men portrayed in a Military posture on Horseback, with a Shield upon their left Arm. Knight's Fee, it was called Scutage; which though it was paid often afterwards, in all the elder Kings Reigns by common consent of the Kingdom, yet it was never certain, but sometimes one Mark, a Mark and an half, two, three, four Marks, etc. as will appear in the Sequel of this History. He brought the Clergy under subjection. Nor did he think himself secure only by having all Persons in Secular Authority his Dependants, and at his Command: but he brought the Clergy also, Arch-Bishops, Bishops, Abbats, and all Degrees of that Function under his subjection, [1.] Mat. Paris, fol. 7. n. 10. And the Church Lands under Military Service. And Quartered Soldiers in their Monasteries. for he put the Bishoprics and Abbeys which had Baronies, that is, great Possessions, and were before free from all Secular Service, under Military Service, and according to his will and pleasure appointed how many Knights or Soldiers they should find in time of War, and chased out of the Kingdom many ecclesiastics that opposed his evil Constitution, nor did he only charge their Lands with the Tenure of Knight's Service, but also Quartered Soldiers [2.] Ingulph. Croyl. n. 40. which he had hired in France, Almain and Spain, in all Monasteries of England; in Croyland Abbey he Quartered six Milites or Knights, and twenty eight Cross-bow-Men, that shot Stones and Darts out of * Ballistarii. Crossbows, or perhaps the Officers of the Steel-Bow-Men, or Directors of the Management of the great Brakes or Engines, with which they battered Walls; in the Monastery of Ely, after the Isle was reduced, were placed forty, whereof Bellassis, Governor at least of the old Fort, called now by the Country People Belsars-Hills, if not General of the Forces against the Island, was one, and thirty nine more, all Officers or Men of Account, as by their Names and Arms appeareth in a Parchment Roll in the Custody of the Bishop of Ely, made in the time of Robert de Orford Bishop of Ely, who was [3.] Godw de Presul. Angl. p. 318. Consecrated 1302. and died 1309. Nor did he think this enough to restrain the power of the Clergy, [4.] Anno Domini 1070. who then bore the chief sway in the Government; but by Advice of William Fitz-Osbern Earl of Hereford, and others of his Council, he searched the [5.] Florent. Wigorn. f. 636. He Rifles the Monasteries. Monasteries of all England, and took away the Money which the richer sort of English had secured there, fearing his Austerity and Ravages, and commanded it to be carried into his Treasury. [6.] Fol. 7. Mat. Paris says he rob all the Monasteries of their Gold and Silver, and spared not their Shrines and Chalices; Nor yet did he think himself sufficiently secured from the great power of the Clergy in that Age, [7.] Eadmer, fol. 6. n. 10. He brought in the Norman Laws, and made Norman Bishops in England. All things were done according to the Conqueror's Pleasure. until having brought into England the Laws and Usages which he and his Fathers were wont to observe in Normandy, he had made such Men Bishops, Abbats, and chief Rulers through the whole Land, as might be thought very unworthy, if in all things they submitted not to his Laws, or should in any wise oppose him; and therefore all Divine and Humane Matters were ordered according to his Will and Pleasure. To this purpose there was a great Council held at Winchester, eight days after Easter, at the Command of the King, he being present, and with the Consent of Pope Alexander, by his Legates Herminfrid Bishop of (n) Sedune, now by the Germans called Sits, and the French Zion, and the Country about it Sionois; it is seated upon the River Rosne, before it falls into the Lake of Geneva. Sedune, and two Priests, Cardinals of the Apostolic See, [8.] Florent. Wigorn f. 636. An. Do. 1070. A Council at Winchester, wherein Stigand was Deposed. John and Peter, producing his Authority. In this Council Stigand Archbishp of Canterbury was Deposed for three Causes, to wit, because he unjustly possessed the Bishopric of Winchester with the Archbishopric, and because he invaded the Archbishopric while Archbishop Robert was living, and used his Pall which remained at Canterbury, in Celebrating Mass, when by force he was unjustly put out of England, and received a Pall from Benedict whom the Roman Church had Excommunicated, for that by Money he had invaded the Apostolic See. [9.] De Gest. Pontif. fol. 116. b. Malmsbury says, with these two Bishoprics he also possessed many Abbeys▪ who in this (as he conceived) did not commit a Sin of Judgement, but Error, for that he was a very illiterate Man, as were almost all the Bishops of England at that time. [1.] Florent. Wigorn. ut supra. Agalmar Bishop of East Angles, and some Abbats Deposed. In this Council also Agalmar Brother of Stigand, Bishop of East-Angles, (his Seat being then at Elmham) was Deposed, and some Abbats; The King promoting that work, that he might put into their places Men of his own Nation, for the confirmation of his new Conquered Kingdom. [2.] Ibidem. Others were kept in Prison all their Lives. He also kept in Prison some Bishops and Abbats all their Life time, without any evident Cause, [3.] Ibidem. Agelric Bishop of the South Saxons turned out, and imprisoned without fault. He makes his own Chaplains Bishops. being neither condemned by any Councils or Secular Laws, merely out of Jealousy and suspicion of the safety of the Kingdom. On Whitsunday the King gave the Archbishopric of York to Thomas Canon of Bayeaux in Normandy, and the Bishopric of Winchester to Walkelin his Chaplain; and on the Morrow, by his Command, Herminfrid the Bishop of Sedune, the Cardinals being returned to Rome, held a Synod, in which Agelric the Bishop of the Southsaxons was not Canonically Deposed, whom the King imprisoned at Malborow without any fault; There were then also (to use the Authors own Phrase) very many Abbats degraded. The Conqueror gave to his Chaplanes Herfastus the Bishopric of East-Angles, and to Stigand the Bishopric of the Southsaxons, and gave the Abbeys to his Norman Monks. [4.] Eadmer, fol. 6. n. 20. No man to acknowledge the Bishop of Rome for Pope without his Command. He would not suffer any one in his Dominions to acknowledge the Bishop of Rome for Pope, without his Command, nor to receive any Letters from him, unless they were first shown to him. [5.] Ibidem. The Archbishop might not appoint or prohibit any thing without his Leave. The Archbishop might preside in any Council, but he would not permit him to appoint or prohibit any thing but what he pleased, and such things as were first Ordained by him. [6.] Ibid. n. o. His Barons without his Command not to be impleaded. He would not suffer any Bishop to implead and Excommunicate any of his Barons, (all such as [7.] S●ld. not. in Ead. f. 168. held immediately in Capite) or Officers, for Incest, Adultery, or any heinous Crime, unless by his Command. * But notwithstanding the Conqueror's Stoutness and Resolution in these matters, by his admission of the Pope's Legates for the purposes above mentioned, his Holiness gained the first Polut of his Usurped Jurisdiction in England, although William still retained the absolute Power of investing Bishops, and seemed only to use the Advice and Assistance of the Legates in Ecclesiastical Matters, for that no Decree or Constitution was put in Execution without his Royal Assent. [8.] Eadmer, ut supra, n. 49. Lanfranc made Archbishop, An Do. 1071. In the first year of his Reign Lanfranc Abbot of Caen in Normandy, a stout Man, and very much skilled in Divine and Humane Affairs, was made Archbishop of Canterbury, and Consecrated the fourth of the Kalends of Sptember, or the Twenty ninth of August. [9.] Malms de gest. Pon. lib. ● fol. 117. a b. The Pope Decreed the Controversy about the Primacy, between York and Canterbury ought to be decided in England. Afterwards going to Rome for his Pall, Thomas Archbishop of York, whom he had Consecrated, went with him, where Thomas propounding to Pope Alexander the Controversy between himself and Lanfranc, about the Primacy and Subjection of the See of York to Canterbury, and the three Bishoprics of Lincoln, Worcester, and Litchfield, which he claimed as subject to York. The Pope Decreed, That the Cause ought to be heard in England, and decided by the Testimony and Judgement of all the Bishops and Abbats of the whole Kingdom. [1.] Spelm. Council. vol. 2. fol. 6. Anno Domini 1072. Sir John Danis Irish Reports, fol. 89. b. After two Discussions, one at Winchester in the King's Chapel there in the Castle, in the Solemnity of Easter; and the other at Windsor in the Feast of Pentecost; it was finally determined in the presence of the King, Bishops, Abbats, and of Hubert Legat of the Roman Church, as says [2.] Fol. 8. n. 30. Paris, and many other Orders of Men met there upon the (o) The Conqueror commonly kept Easter at Winchester, Whitsunday at Windsor or Westminster, and Christmas at Gloucester; at which times were present in Court, all the Temporal Nobility, Bishops, Abbats, etc. through all England; so that at those times he could hold a great Council or Synod at a days warning, when he pleased, and at those times were commonly held the Great Councils for all Public Affairs. occasion of that Festival. [3.] Malms. ut supra, b. n. 20, 30, 40. The Church of York ought to be subject to Canterbury. The Jurisdiction of York extended to the further part of Scotland. Upon proof made by old Authorities and Writings, that the Church of York ought to be subject to the Church of Canterbury, and the Archbishop of York to obey the Archbishop of Canterbury in all things pertaining to Christian Religion, as the Primate of all Britain; That the Bishopric of Duresm, and all the Countries from the bounds of the Bishopric of Litchfield, and from the great River Humber, unto the furthest part of Scotland, should be the Province, and under the Jurisdiction of York; so that if the Archbishop called a Council wherever he pleased, the Archbishop of York with his Suffragans were to be present there, and give obedience to what should be determined; That the Archbishop of York ought to receive Episcopal Benediction from him, and under Oath to make unto him Canonical Profession. To these Constitutions the King, Arch-Bishops, Bishops, Abbats, and all these present agreed; and as [4.] Hist. Nou. fol. 9 n. 20. Eadmer says, (who had most reason to know best) they were confirmed by the Testimony of the King's Seal. About this time he amended [5.] Cart. in Append. n. 11. The Ecclesiastical and Civil Jurisdiction distinguished. the Episcopal Laws which had not been well observed, by the Common Council of his Arch-Bishops, Bishops, Abbats, and all the Chief Men of his Kingdom, and Commanded by his Regal Authority, That no Bishop or Archdeacon should hold Pleas in the Hundred concerning Episcopal Laws, nor should bring any Cause pertaining to the Government of Souls before a Secular Judicature, but that every one that had transgressed Episcopal Laws should be judged in a place where the Bishop should appoint, according to the same Laws and Canons; * This is left out by Mr. Selden. f. 167, 168. Not. in Eadmer. No Sheriff, Minister, or Laic to meddle with Episcopal Laws. and if any one was so obstinate as not to appear at the third Summons, he should be Excommunicated; and if need were, the Kings or Sheriff's Power were to be added; and further Commanded, That no Sheriff, Minister, or Laic should intermeddle with the Bishop's Laws. Before this the Bishop sat with the Sheriff in the County Court or Turn, and with the Hundredary in the Hundred Court, if he pleased, where they promiscuously determined Ecclesiastical and Secular Causes; and from this time the separation of both Jurisdictions bear date. And further, out of the fullness of Ecclesiastical Power, with which he thought himself invested in right of his Crown, [6.] Cleopat. E. 1. Bibl. Co●ton 1. vol. of the State of he Church, & ex Chart. Willielmi, sub sigillo ibid. by the Assent of Lanfranc Archbishop, and Stigand Bishop of Chichester, in a Council of his Bishops and Barons, granted to the Church of St. Martin of Battle-Abby, which he founded, [7.] In Append. n. 12. An. Do. 1086. all the freedom from subjection imaginable, and that although it was within the Diocese of Winchester, yet it should not be subject to the Bishop, Great Privileges granted by William to Battle Abby. and that in his Visitation, he should not lodge there, nor in any of the Manners belonging to it, and that in all things in the same Church, and a League every way round about it, the Abbot should be Lord and Judge. The Violators of which Constitution were for ever anathematised by Lanfranc Archbishop, Stigand aforesaid, Walkelin Bishop of Winchester, Wolstan Bishop of Worcerster, all then present. The Pope sent to William by his Legate Hubert, to do him Fealty, and pay him the Arrears of Peterpences; but though willing to gratify him in one, he absolutely [8.] In Appest. n. 13. The Conqueror refuseth to be Feudatary to the Pope. denied the other, and refused to become his Feudatary or Vassal for the Kingdom of England. Archbishop Lanfranc in this King's Reign held and presided in many Councils, in one at London, [9.] Spelm. Council. fol. 7▪ 8. vol. 2. Anno Domini 1075. Bishoprics removed from Villages to Cities The Clergy not to give Judgement in loss of Life or Member. wherein, because it was forbidden by the Councils of Sardis and Laodicea, that Bishops Sees should be in Villages, therefore by the King's Munificence and Authority of this Synod, Bishop Hermannus removed from Sherborn to Salisbury, Stigand from Selsey to Chichester, Peter, from Litchfield to Chester, and afterwards Remigius from Dorchester, a Village in Oxfordshire, to Lincoln. It was also Ordained in this Council, that according to the Council of Eliberis and the Eleventh of Toledo, (both Cities in Spain) that no Bishop or Abbot, or any of the Clergy should give Judgement concerning the Life of any Man, or loss of Member, nor by their Authority should countenance any that do it. Another he held at Winchester, [1.] Ibidem, fol. 13. Anno Domini 1076. No Canon to Marry. Priests in burgh's and Cities might retain their Wives. wherein it was Decreed, That no Canon should Marry: and that Priests which lived in Burroughs and Villages, that had Wives, should not put them away; but if they had none, they were prohibited to take any; and Bishops were to take care that they did not Ordain Married Men either Deacons or Priests. [2.] In Appen. n. 14. The Origin of Exempts and Peculiars. Archbishop Lanfranc exempted all the Clerks or Parish-Priests of the Towns belonging to him, or where he was Lord, or presented to the Living in any Diocese from the Jurisdiction and Visitation of the Bishop, which might be the Original of Peculiars. These were the Ecclesiastical Affairs in England in the time of William the First, what they were then in Normandy, and how alike to them here, may be seen in the Constitutions made there [3.] In Appen. n. 15. 1080. In the last year of his Reign [4.] Flor● Wig. fol. 642. Anno Domini 1087. many of the chief Cities of England and London burnt. Order. vit. fol. 663. C. almost all the chief Cities of England were burnt, and the greatest and best part of London, with the Church of St. Paul's. King William dying on the Ninth of September 1087. as was noted before, left Issue by Maud, Daughter of Baldwin Earl of Flanders, 1. Robert his eldest Son, Florent. Wigor. fol. 642. Anno Domini 1087. according to the Will and Bequest of his Father, succeeded him only in the Dukedom of Normandy. 2. Richard his Second Son, Order. vit fol. 573. C. who following a hard Chase in Hunting in the New-Forest, was mortally hurt by the Bough of an Hasle-Tree, before either his years of Marriage or Knighthood. 3. William commonly called Rufus succeeded his Father in the Kingdom of England, Florent. Wigor. ut supra. as he had given it to him in his last Will and Testament. 4. Henry, who after the death of his Brother William without Issue, was King of England, and Duke of Normandy; * Order. fol. 659. C. he had given him by his Father only Five thousand Pounds in Money. Ibid. fol. 484. D. 548. B. C. 5. Cicely his Eldest Daughter, first a Nun in the Monastery of Fescamp in Normandy, afterward Abbess of the Holy Trinity in Cane, where she died Anno Domini 1127. July 13. Ibidem. fol. 544. C. 6. Constance Married to Alan Fergant, or the Red, Earl of Britain, for the assurance of Peace between King William and him, died without Issue. Lib. 8. c. 34. 7. Adelidis or Alice his Third Daughter, Contracted to Harold the Usurper, Fol. 573. C. Seems to be the same with Agatha, Script. Norm. f. 1070. as Gemeticensis affirms, but at his death being Marriageble, died a Virgin; but Ordericus Vitalis mentions not this Contract between her and Harold. Ibid. & fol. 574. A. 8. Adela who was Married to Stephen Earl of Blois, by whom she had four Sons, William, Theobald, Henry, and Stephen, who by his Uncle King Henry the First was made Earl of Mortainge, and by his means was Married to Maud Daughter and Heir of Eustachius Earl of Bulloign, by whom he had that Earldom, and also very great Possessions in England. Ibid. 573. C. Seems to be the same with Adelidis or Adelis, Script. Norm. f. 1070. 9 Agatha who died a Virgin, but reported by Ordericus Vitalis to have been first Contracted to Harold the Usurper, and afterward to Amfurcius King of Gallicia, but died in her Journey thither, not having ever seen him. THE REIGN OF William Rufus, OR, William the Second. THE Conqueror dying on the Ninth of October, An. Do. 1087. [1.] Ord Vit. fol. 763. D. Rufus brings his Father's Donation of England to Archbishop Lanfranc. Robert Bloiet his Chaplain immediately came over into England with his Son William, and brought with him, to Lanfranc Archbishop of Canterbury, the Donation of his Father, [2.] Ibidem, fol. 663. C. Who Anointed him King. who having read it, made haste with him to London, and on Michaelmass-day Anointed him King in the old Church of St. Peter at Westminster, having first promised [3.] Eadm fol. 13. n. 50. Upon the great Promises he made to him. He was Knighted by Lanfranc. upon his Faith and Oath by himself, and all others he could procure to vouch him to Lanfranc, (being not over forward to grant his desires) that he would in all matters through the whole Kingdom, preserve Justice, Equity, and Mercy, defend the Peace and Liberty of the Church against all Men, and also in all things obey his Council and Precepts. But though Lanfranc having been his Tutor, * Malms. de Gest. Reg. fol. 67. b. n 30. Order. Vital. fol. 665. D. Eudo King Williams Steward, a great Instrument in setting up Rufus. and also having made him a Knight, brought on by these fair Engagements, was the great Instrument to promote him to the Crown; yet (a) He was Son to Hubert de Rye, Privado to both Edward the Confessor and William the Conqueror, and Envoy in the greatest and most private Matters that passed between them. Eudo his Father's Steward was little less Instrumental in his obtaining it, (if there be any truth in the Story cited from the Manuscript in Cottons Library [4.] Monast. 2. vol. fol. 900. n. 40.50. The Keys of the Treasury at Winchester delivered to Rufus. by Sir William Dugdale) for he upon the occasion of his Fathers Grant, incited William Rufus to be active in his own Affair, and then hastening into England, so insinuated himself into William de Ponte-Arche, that he obtained from him the Keys of the Treasury then at Winchester, and passed to Dover, where he obliged by Oath the Guardians of the Castle, that they should not deliver the Keys of that Fortress to any, without his Advice; The like he did at Pevensey, Hastings, and other Maritime Castles, pretending the King (whose death was kept secret) would stay yet in Normandy, and would have good assurance of the safety of his Castles in England, by him his Steward. And having thus dispatched his Business, he returned to Winchester, and discovered the King's death; and by his Contrivance, while the Nobles in Normandy were Consulting about the Succession, William Rufus was advanced to the Throne. In the mean time [5.] Orderic. fol. 665. C. Robert Duke of Normandy distributed his Wealth amongst his Soldiers. Robert Duke of Normandy his elder Brother, plentifully distributed his Wealth among his Veteran Soldiers or Knights, and by hope of Rewards brought into his Service a Multitude of young Soldiers; but his [6.] Ibidem. Treasure failing, he borrowed of his Brother Henry Three thousand Pounds, for which he received the whole Country of Constantin (now Contantin) being then the third part of Normandy, with the Cities Constance, Auranches, and the Monastery of St. Michael's Mount in the Sea, etc. Presently [7.] Ib. D. D. upon this Action of Duke Roberts, in the first year of the Government of the two Brothers, the chief Men that had, An. Do. 1088. and were like to have great Estates in both Nations, met to Treat about the division and separation of them one from another, [8.] Ibid. fol. 666. A. The English and French Normans meet to Consult whether it were expedient England and Normandy should have two different Princes. both of them having been under the Power and Government of their defunct Lord, who by their assistance had Conquered England; They were in a great strait what to do; they could not serve two Lords so remote from one another; [9.] Ibidem. if they faithfully served Robert Duke of Normandy, they should offend his Brother William, and should lose their Lands and Honours in England; and if they proved obedient to William, Robert would deprive them of their Paternal Inheritance in Normandy. [1.] Ibid. C. At last they resolved, that seeing Robert was the elder, and that they had Sworn Fealty to him in his Father's Life time, to set him up and make him Prince of England and Normandy, for preservation of the Unity of both Nations. [2.] Ibidem. The chief Friends and Undertakers for Duke Robert. This was the Agreement of Odo Bishop of Bayeux, Eustacbius Earl of Bulloine, They concluded to make Robert King of England and Duke of Normandy. (b) Robert de Belesin e, or de Bellismo castello [8.] Vales. not. Gal. in verbo. Robert de Belesme who he was. quasi bellisimo, a Fair Castle in the County of Perch, he was eldest Son to Roger de Montgomery Earl of Arundel and Shrewsbery, and had the great Inheritance of his Father [9.] Orderic. fol. 708. C. in Normandy, when his second Brother Hugh de Montgomery enjoyed his Father's Earldoms in England, who dying without Issue, they came to this Robert in the [1.] Ibidem. 768. C. Tenth year of William Rufus, for which he gave him 3000 l. Sterling as a Relief. Robert de Belesin, and many others, which they Communicated to Duke Robert, to whom, if they would begin, he promised sufficient Assistance for effecting their Design. Therefore [3.] Ibidem. after Christmas they passed into England, fortified their Castles, and in a short time stirred up a great part of the Country against the King; [4.] Ibidem. with these joined Roger Earl of Arundel and Shrewsbery, Hugh Grentmesnill Viscount of Leicester, and many more very great Men in England, or at least seemingly continued with William, and favoured the design of Robert; [5.] Ibid. D. who fortified, Manned, and Victualled their Castles, and wasting the Countries almost all over the Nation, expected Duke Robert with an Army out of Normandy at the Spring. [6.] Ibidem. King William observing the posture of his Affairs, resolved to suppress these Insurrections; and to that purpose Convoked Lanfranc Archbishop, Bishops, Earls, and Natural English, Lanfranc the Archbishop the other bishops, and Natural English side with Rufus. and shown them his intention, who exhorted the King to proceed against the Perturbers of the Peace, and promised their ready Assistance. [7.] Ibidem. fol. 667. B. Rochester chosen as a place of advantage and fit for a Magazine. Odo with some of the chief Normans, who intended to set up Robert, chose Rochester as a place of advantage and most fit for their chief Magazine, being in the middle way between London and Canterbury near the Sea, and near the Kentish Islands, which were conveniently seated for the landing Forces and Warlike Provisions: from whence at their pleasure, they could keep a Correspondency with Duke Robert. But [2.] Ibidem. fol. 667. B. Rochester besieged. Duke Robert lost the Town and Castle by sloth and want of diligence. King William prevented their Designs by besieging the Town in the Month of May following, where he shut up Odo, Eustathius Earl of Bolloigne, Robert de Belesme, and many other Noblemen, and Persons of inferior Rank, who in vain expected the Assistance of Robert, being detained only by ease and sloth from his promised Expedition; [3.] Ib. C. D. The Defendants offer to yield upon Conditions. out of the Town they were forced into the Castle, where many perished by a raging Sickness, and urged by many other necessities, they sent out to King William, that upon condition they might enjoy their Lands and Estates they would yield the Castle, and for the future serve him faithfully as their Natural Lord. The King was angry at these Propositions, Rufus denies their Conditions. and swore he would take the Perfidious Traitors by force, Hang, and destroy them with divers kinds of death: and to his Nobility having many Friends and Relations in the Castle, persuading him to moderation, [4.] Orderic. fol. 668. B. he gave this Answer, That whosoever spared Perjured Men, Thiefs, Plunderers, and Execrable Traitors, took away quiet and peace from innocent Men, and laid a foundation of innumerable Mischiefs to the good and harmless; [5.] Ibid. D. but at length overcome by the intercession of his faithful Friends, [6.] Ibidem. 667. C. which were, all the Bishops of England, with the English, Hugh Earl of Chester, (c) [7.] Ibidem. 669. C. He was an Esquire to Edward the Confessor, and by him made Knight, his Father was [8.] Ibidem. Humfrid de Teliolo, [9.] Ibidem, fol. 512. b. Governor of the Fortress of Hastings, and Son to Ansfrid the Dane; His Mother Adeliza Sister to Hugh de Grentmoisnill, Viscount of Leicester, and Governor of * Ibidem. Winchester; He had his name of Rodeleds [1.] Domesd. Cestrescire Atiscros. Hundr. or Roelent, from the Castle and Territory of Roelent in the Marches of North-Wales, of which he was Governor, and General of all the Forces in Cheshire under Earl Hugh, and not only defended it against the Welsh. but Conquered much of North-Wales. [2.] Ibidem. which he farmed of the King for 40 l. per Annum, [3.] Ibidem. besides the Fee of Ross and Rowenloc, which he held of the King twelve Miles in length, and four in breadth. Robert de Roelent, William de Warrenna, (d) He was Son of Haimon Earl of Corboile in Normandy, [4.] Monast. vol. 1. fol. 154. Col. 2. n 40. Robert Fitz-Haymon made Earl of Gloucester by Rufus and had the Estate of Brictric the Saxon Earl thereof. to whom for the great Services he had done his Father and himself, William Rufus gave the Earldom of Gloucester, and the Possession of Brictric the Saxon, who was Earl thereof before the Conquest. The which Earldom and Possessions. Queen Ma●d enjoyed during her life, and her Husband the Conqueror afterward. This Robert had [5.] Ibid. f. 1ST. n. 60. Mabil his eldest Daughter and Heir was Married to Robert Earl of Gloucester, Natural Son to Henry the First. Four Daughters, two whereof were Abesses, Amice a third Married the Earl of Britain, (who probably had her Father's Possessions in Normandy) the eldest Mabil was Married to Robert, Natural Son of Henry the First, who by his Father was made Earl of Gloucester, and enjoyed all those Possessions. Robert Fitz-Haimon, and other legal and ancient Barons, he [7.] Orderic. fol. 668. D. granted the Besieged their Lives, The Terms upon which Rochester Castle was surrendered. pardoned the loss of their Limbs, and gave them leave to pass out of the Castle with their Horse and Arms, but without hopes of enjoying their Lands and Inheritance in England during his Reign. [5.] Ibidem, fol. 669. A. The Arts by which Rufus setl●d himself. Odo returned to Bayeux, and never came to England afterwards, where he lost all his great Possessions. It was not by force that he quelled this universal defection of the Normans, [6.] Malmsb. de Gest. Reg. fol. 68 n. 10. but by publishing, that he would ease them (and especially the English) of Taxes, that he would alleviate the Laws, and give them free liberty of Hunting: [7.] Ibidem, & ●. 20. And brought off to his side Roger Earl of Arundel and Shrewsbury. And by insinuating himself into Roger Earl of Arundel and Shrewsbury, the chief Person next Odo in this Insurrection, to whom he pretended, he would most willingly quit the Government, if he and those his Father had assigned his Curators, should think fit; Yet adding, that he understood not why they were so outrageous against him. If they would have Money or Augmentation of their Estates, they might have what they would, upon condition they endangered or questioned not his Father's Will and Judgement, which if they despised, they might hazard their own safety; for the same Man that made him a King, made them Earls and great Men. [8.] Ibidem. With these fair words and Promises the Earl was brought off from the Confederacy, which was immediately broken, and the Nation reduced to quiet, (as was said before) the Confederates either submitting or flying. Rufus passeth into Normandy with an Army. William thus confirmed in his Kingdom, [9.] Order. fol. 608. B. 681. A. Flor. Wigorn. fol. 644. A●. 1090. St. Valery Castle delivered to him. Girard de Gournay delivers up his Fortresses to William Rufus. Robert Earl of Ou, Walter Giffart, Ralph Mortimer, etc. join themselves to the English. next year passed with an Army into Normandy, to requite his Brother Robert, and subdue that Dukedom. The Army landed at St. Valerie, and had that Castle delivered to them. Stephen of Albamarle, Son of Odo Earl of Champagne, at King Williams Charge fortified and Manned his Castle for him. Girard de Gournay followed his Example, and delivered up to the King his Fortresses of Gournay, Ferte and Gailly-fountaine; and afterwards Robert Earl of Ou, Walter Giffart, Ralph Mortemer or de Mortuo-Mari, and almost all the Inhabitants on the North-side the Seine, joined themselves to the English, and received sufficient Money from the King, to fortify their Castles on his behalf. [3.] Florent. Wig. 664. Anno. 1091. Duke Robert makes a disadvantageous Peace with Rufus. Whereupon Duke Robert called to his Assistance Philip King of France, who underhand receiving Money from William, returned home, without attempting any thing against him; which, with the revolt of his Normans, caused Robert to make a disadvantageous Peace with his Brother; [4.] Ibidem. The Conditions of that Peace. The Conditions these, That King William should enjoy the County or Earldom of Ou, the Monastery of Fecampe, the Abbacy of Mount Saint Michael, the Town of Cherburgh, and all the Castles that revolted from the Duke; That the King should reduce the Country of Maine, with the other rebellious Castles in Normandy, to the obedience of the Duke, that he should restore to those that adhered to the Duke their Lands in England, and also to the Duke himself so much Land as should be agreed on between them. Lastly, That if the Duke died without Lawful Issue, the King to be his Heir; and in like manner, the Duke to be the King's Heir, if he died without Lawful Issue. Twelve Barons on each side Swear to the Peace. Which Agreement twelve Barons on the Dukes, and twelve on the Kings part confirmed by Oath. In the mean while, no Consideration having been had of their Brother Henry in this Treaty, whose Money was detained, and [5.] Order. fol. 672. D. he himself also had been imprisoned, and ill used by his Brother Robert, and [6.] Ibidem. 689. C. disseised of his Mother's Lands in England, which his Brother William had given to Robert Fitz-Haimon; [7.] Ibidem. Henry the younger Brother fortifies his Towns in Normandy. Some Normans Revolt to him. He fortifies his Towns, which were Cherburgh, Auranches, (e) These Towns were in that part of Normandy called Constantin, which was pawned to Henry by Robert for 3000 l. he borrowed of him. Constance, and Guabreium, and craftily gained to his Party many of his Father's Nobility, as Earl Hugh de Auranches, Richard de Badveriis, and others of the Country of Constantin, now Contantin, besides Robert Mowbray, by which means his Forces increased daily; [8.] Ibid. D. but the English Kings Army passing where it would, almost through Normandy, and the Norman Nobility favouring him for his Money; the Citizens of Roven likewise alured with his Gifts and Promises, Treated with him about changing their Prince, and consulted how to betray the Metropolis of Normandy, and their Drowsy [1.] Ibidem. Duke to the King. One [2.] Ibidem. A Conspiracy to deliver Roven to Rufus. Conan, who by reason of his great Riches, had a good Interest in the Citizens, was the chief Conspirator, and bargained with William Rufus to let in his Forces which should be sent from Gournay, and other Castles near, which were in his possession, to surprise the City; but the Duke made sensible of this Conspiracy, struck up a Peace with his [3.] Ibidem. The City secured Conan the chief Conspirator, and many Citizens slain. Brother, and some others that had revolted from him, who put themselves time enough into the Town to secure it, though with much Slaughter of the Citizens, who made resistance; amongst whom Conan the chief Traitor and many others were taken, and for his Punishment Conan was by Henry's Order carried to the top of a high Tower, and [4.] Ibidem. fol. ●90. D with his own hands thrust down headlong out at a Window. Next year Duke Robert besieged [5.] Ib. 692. B. 693. B. 696. D. Anno Domini 1091. Rufus returns into Normandy. Is Caressed by the Norman Nobility, by the French, Britan's, Flemings, etc. They extol his Bounty. Curcey in the Month of January; but King William arriving in Normandy with a great Fleet he left the Siege, and almost all the Norman Nobility strove who should make their Addresses and Presents to the King, and not only they, but the French, Britan's, Flemings, and many of the Neighbouring Provinces, so soon as they heard he intended to remain at Own or Yew in Normandy, obsequiously flocked to him, and having been favourably received, and liberally presented by him, they all extolled his Bounty and Magnificence beyond that of their own Princes. At length the [6.] Ibid. fol. 693. B. C. The Duke and King reconciled. two Brothers came together at Roven, where all former Complaints being laid aside, they were reconciled to each other; The Duke received mighty Gifts and Presents from the King, to whom the Duke granted the County or Earldom of Ou, Albamarle, the Land of Gerard de Gournay and Ralph de Couches, with all the Castles and Fortresses subject and belonging to them. Henry not pleased with this Transaction, raised great Complaints against both [7.] Ibidem. 6●9. A. Henry displeased with his Brothers, got together a Body of Britan's and Normans. his Brothers, and demanded some part of the large Possessions of his Father, and having gathered together a Body of the Britan's and Normans, fortified Constance, Auranches, and some other Towns. But [8.] Ibidem. His Friends Revolt from him, His Brothers besiege him in St. Michael's Mount. Hugh Earl of Chester, (who was also Earl of Auranches) and others the great Favourers of him, weighing his Poverty and the great Riches and terrible Power of William, deserted Henry, and yielded their Places of Strength to the King; and in the middle of Lens' the two Brothers William and Robert besieged their Brother Henry in St. Michael's Mount, which was yielded for want of Drink and Water; Sr. Michael's Mount yielded. on Condition, That he and those with him might have liberty to go whether they pleased. [9.] Ibid. B. Henry wanders from place to place. After which Henry wandered for some years from place to place with one Knight, a Priest, or a Clerk, and three Servants or Esquires. While the King employed himself in Normandy, there was in England a great [1.] Ibid. fol. 703. B. C. An. Do. 1093. Robert de Mowbray Earl of Northumberland Conspires against Rufus. Conspiracy form against him by Robert de Molbraio, or Mowbray, Earl of Northumberland, and many other great Normans, of which the King having notice, raised an Army and marched against them; [2.] Ibid. D. who understanding which way he was to pass, laid an Ambush to intercept or kill him in a Wood; which was discovered to him, and the design prevented, by Gilbert de Tonebridge one of the chief Conspirators, and then his Troops passed on to [3.] Ibidem, fol. 704. A. Bamborough Castle which they besieged, and at length Robert fell into their hands, [4.] Ibid. B. Mowbray taken Prisoner. who was kept in Bonds almost thirty years. Roger de Lacie had his Lands taken from him, and given to his Brother Hugh, who faithfully adhered to the King; [5.] Ibid. C. The Earl of Chester gave 3000 l. to be restored to favour, and many others Compound for their Crimes. Hugh Earl of Chester was privately chidden by the King, and gave 3000 l. to be restored to favour, as likewise he received of many others great Sums of Money, as Compositions for their Crimes; [6.] Ibidem. The Earl of Own had his Eyes pulled out, and his Testicles cut off. and William Earl of Own being openly Convicted, had his Eyes pulled out, and his Testicles cut off; Many others the King spared out of Policy, by the Advice of his Council. This year Malcolm King of Scots, on Bartholomew-day, came to King William, as they had before appointed, for the Establishing a firm Friendship between them; but William would neither see or speak with him, and further would have constrained him to have done him right according to the Judgement only of his Barons in his own Court, but he refused to do it, unless in the Confines of both Kingdoms, where the Kings of Scotland used to do right to the Kings of England, according to the Judgement of the Chief Men of both Kingdoms, Flor. Wigorn. f. 646. A. D. 1093. and not long after William Rufus surprised [7.] Buch●rer. Scot lib. 7. p. 214. Flor. Wigor. f. 645. Malcolm King of Scots, and his eldest Son slain. the Castle of Alnewick in Northumberland, which Malcolm King of Scots presently besieged, where he and his eldest Son Edward were both slain; and Donald his Brother was elected King by the Scots, or rather (as [8.] P. 215. An. Do. 1093. Donald usurped the Crown of Scotland. Buchanan relates it) he usurped the Crown by the assistance of Magnus' King of Norwey, to whom he promised all the Islands. This news so soon as it reached Duncan, Son, or [9.] Ibidem. Bastard of Malcolme, as Buchanan calls him, being then in King William's Army, [1.] Florent. Wigor. f. 646. Duncan by the Assistance of Rufus obtained Scotland. begged and obtained his Father's Kingdom of him, and swore Fealty to him for it, and with a Multitude of English and Normans marched speedily into Scotland, expelled Donald, and Reigned in his stead. Next [2.] Ibidem, Anno 1094. The Welsh invade England. year the North-Welsh, West-Welsh, and South-Welsh laboured to shake off the Yoke of Servitude, they burned and harassed the Towns in Cheshire, Shropshire, and Herefordshire, and killed many English and Normans, which caused William to return into England about the later end of December, and presently Led an Army against the Welsh, where he lost many Men and Horses. In the mean [3.] Order. fol. 722. B. while the untamed and intractable Normans, who not restrained by a rigid Governor, were fit for any Mischief; [4.] Ibid. D. Many great Normans desert Duke Robert. many whereof corrupted by Gifts, or drawn away by terror, as Robert Earl of Own, Stephen of Albamarle, Gerard de Gournay, Ralph de Conch●, Robert Earl of Mellent, Walter Giffard, Philip de Braiosa, and Richard de Curcey, and many others, with all their People and Strong Holds adhered to King William because he was dreadful to them; [5.] Ibidem. fol. 723. A. He passed over his Dukedom to Rufus for 10000 Marks. by which means Normandy was in great Confusion, and became uneasy to Duke Robert, who destitute of Friends, by the Advice of some Religious Persons, resolved to pass over his Dukedom to his Brother Rufus, [6.] Ibid. & Flor. Wigor. fol. 648. Duke Robert goes to Jerusalem Anno Domini 1095, 1096. who received it to keep for him for five years, upon condition to lend him 10000 Marks, while he finished his Expedition with others to Jerusalem. This famous Expedition of the Christians against the Infidels, was first [7.] Ord. fol. 723. A. B. Flor. Wig. 647. 10000 Marks raised with much difficulty. set on foot by the Preaching of Peter the Hermit of Amiens, and afterwards greatly encouraged, and mightily advanced by the Council of Clermont in France, called by Pope Vrban for that purpose; by which means many of the chief Nobility of Christendom, and especially of France and Germany became Undertakers in this Holy War. Much to do there was to raise this 10000 Marks, which William imposed upon his Great Men. [8.] Ibidem, fol. 648. The Bishops, Abbats, and Abbesses broke the Gold and Silver Ornaments of their Churches; and the Earls, Barons, and Viscounts (or perhaps Sheriffs only) fleeced their Villains, and such as held in Knight Service of them. [9.] Ibid. & Order. fol. 765. A. Anno Domini 1097, 1098. Rufus by his severity keeps the Normans in due subjection. In September Rufus passed the Sea, made Peace with his Brother, paid him his Money, and received Normandy as a Pawn for it, and kept the Normans in due subjection by his severity, during the time he lived, almost five years. William thus possessed of Normandy, [1.] Ibid. fol. 766. A.B.C.D. & 667. B. Anno 1098. Vales. Not. Gal. fol. 588. Rufus claims Veuxin Francois and the chief Town in it. claimed the French (f) Le Veuxin Norman, & le Veuxin Francois; The People that inhabited this Country were called by Caesar in his Commentaries, Bellocassi, by others Veliocassi, by some Vilcass●, and Vulcassini, and the Country called Pagus Vulcassinu●, and Vilcassinus. Veuxin Norman, & Veuxin Francois. The Norman Veuxin is seated between the River Andelle, upon which are placed Ratepont, Churlevil, Fleuri, and falls into the said, a little above Pont-larch, and the River I●ta, Etta, Epta, or Ryta, upon which Newmarch, Gournay, Giso●s, Dangu, and St. Cle● are seated, and it falls into the said between Vernon and le Roche Guion. Veuxin Francois is seated between the last River Epte and the River Isara, Ease, or Oyse, upon which stands Pontoyse, etc. Some part of Veuxin Norman lies beyond the River Andelle, towards Roven. These ancient names are antiquated, and not to be found but in ancient Authors, Charts, and Monuments. Veuxin of Philip King of France, and the chief Towns thereof, Pontoyse, Chaumont, and Mant; and after a years Scuffle for it, by Burn, Rapines, and leading the People into Captivity on both sides, the two Kings came to a firm Peace. Rufus his Business in England requiring his presence there, which probably was the Arming of the Welsh, and the fresh attempts they made upon England, [2.] Flor. Wig. fol. 648. for about this year King William the second time marched into Wales, with intention to kill all the Male Sex, but of them he scare found or killed any: yet he lost some of his own Men, and many Horses. [3.] Ibid. & Buch. ●er. Scot p. 216. Duncan slain, Donald usurps Edgar Son of malcolm's made King. Presently after this Duncan being treacherously slain, and Donald usurping again in Scotland, Aedgar Atheling was sent thither with an Army to expel Donald, and to make Aedgar King, than the eldest Son of Malcolme, and here in England under the Protection of William, which was effectually done. [4.] Florius supra Order. fol. 772. D. An. Dom. 1098. Then having news that the City Man's, and Countries of Anjou and Main had revolted, he returned into Normandy, besieged and took the City, Anjou and Main revolt, and are reduced. and reduced the Countries to obedience; bringing Elias the Earl of Maine to his own Terms. [5.] Ibidem, ut supra. In the mean while Hugh Earl of Chester, and Hugh Earl of Shrewsbury with an Army attempted the Isle of Anglesey; wherein they took many Welsh and killed them, and pulled the Eyes out of some others, after they had first chopped off their Hands and Feet, they cut off their Testicles. [6.] Ibidem, Magnus King of Norway invades Anglesey. This was the time when Magnus' King of Norwey invaded this Island, in resistance of whom, seven days after this Cruelty upon the Welsh, Hugh Earl of Shrewsbury lost his Life. The next [7.] Ibid. 649. An. Do. 1099. year the King returned out of Normandy into England, and held his Court in the Solemnity and Feast of Pentecost at London, when he gave [8.] Ibidem. to Ranulph, whom he had appointed to manage the Affairs of the whole Kingdom, the Bishopric of Duresme. The greatest Action now on foot in Christendom, was the prosecution of the War against the Turks; and Jerusalem being taken, Prince's Zealous to prosecute the Holy War. and the Christians much prevailing in Palestine, others of the Christian Princes that were first engaged in the Holy War (as 'twas termed) became inflamed with a Zeal of assisting in, and prosecuting of it; Amongst whom [9.] Ord. fol. 780. B. C. William Duke of Poictou was one, and that he might the better raise a considerable Force, and accomplish his Design, he sent to William Rufus Ambassadors to borrow Money; Acquitain Pawned to William Rufus. for the security thereof, he offered to Pawn to him the Duchy of Aquitain (g) By Aquitaine here cannot be understood all the Province anciently so called, but only that part of it which lay between the Rivers Loir and Garone, as the Countries of Poictou, Saintonge, Angoumois, Perigor●, etc. and all his Countries. The King most willingly embraced the Proposal, [1.] Ibid. C. A great Fleet prepared to take possession of Aquitain. and Commanded a mighty Fleet to be prepared, and a great Body of Horse to accompany him out of England, that he might hinder his Brother Robert's return into Normandy, take possession of Aquitain, and extend the bounds of his Empire as far as the River Garone. [2.] Ibidem, fol. 781. B. An. Do. 1100. In the Month of July this Royal Navy which was to carry over immense Sums of Silver and Gold, was near ready to set sail; but before it was altogether sit to put out to Sea, the King on the [3.] Florent. Wig. fol. 649. Anno 1100. Gemet. lib. 7. c. 10. Second of August Hunting in (h) Cambden in Hantshire. New-Forest. Part of Hantshire so called at this day, it contained in compass thirty Miles, in this space of Land William the Conqueror depopulated all the Towns and Villages, and demolished thirty six Parochial Churches to make it a Forest. New-Forest, was slain by an Arrow Shot by (i) He was a rich Inhabitant [9.] Orderic. fol. 78. A. Walter Tirrel, what he was. of Pontoyse, a generous Knight or Soldier, potent amongst the Great Men, in Arms very dexterous, and therefore a Familiar and Constant Companion to the King. Walter Tirrell a Frenchman, (whether at a Deer or the King is uncertain) and the next day carried to Winchester, and buried in the old Monastery in the Church of St. Peter. Rufus is slain. The Ecclesiastic Affairs in this King's Reign. These were the Military and Secular Achievements of William the Second, which kept him in constant Action and Employment; yet perhaps his Magnanimity was no less exercised by Archbishop Anselme, in relation to Ecclesiastic Power and Jurisdiction, [4.] Eadm. fol. 14. lin. 1. Rufus kept not the Promises he made to Lanfranc. he broke many of the Promises he made to Archbishop Lanfranc before and at his Coronation, yet while he lived he abstained from many things, though against his will and inclination; [5.] Ibid. n. 10, 20, 30. but after his death, which happened [6.] Flor. Wig. fol. 644. He let to farm Bishoprics and Abbeys. May 24. 1089. he kept the Bishoprics and Abbacies as they fell void in his own hands, or let them to Farm, and took the Profits of them to his own use, allowing the Monks just so much as would maintain them; amongst others the Church and Archbishopric of Canterbury, and Revenues thereof, was then possessed and disposed of by the King to Secular uses, [7.] Eadmer, fol. 15. n. 30. which much troubled the Clergy and many of the Nobility, that the Commune Mother of the Realm should be so long void of a Pastor; At length the [8.] Ibidem, fol. 16. n. 10, 20, 30, 40. King falling Sick, and being very Penitent, made great Promises of ease and satisfaction to the Clergy and Nobility; and being much pressed by them, to make an Archbishop of Canterbury, he consented and enquired after a Person worthy of that Honour and Office. They all perceiving the King's inclination, cried out with one accord, (k) He was born in Ausburg in Germany, and was first a Monk, and then Abbot of the famous Monastery of Bec in Normandy. [1.] Onuphr. Chron Pont. Rom. An. 1080. At this time there were two [1.] Onuphr. Chron Pont. Rom. An. 1080. Popes, Guibert or Wibert Archbishop of Ravenna, called Clement the Third, who was created by the means of the Emperor Henry the Fourth, Antipope to Gregory the Seventh. Victor the Fourth, Vrban the Second, and Paschal the Second; he was buried in the Cathedral of Ravenna, Anno Domini 1101. and not long after by the Command of Paschal the Second, his Body was taken up and burnt. Abbot Anselme was the most worthy; who brought to the King, that he might receive the Investiture of the Archbishopric from his hands by the Pastoral Staff, refused it, affirming it might not be done; [1.] Eadmer, fol. 18. n. 10. Bishop Anselm pressed to accept the Archbishopric. yet after very importune persuasions, and pressures by the Bishops and Nobility, he suffered himself to be with great Applause elected Archbishop, [2.] Ib. n. 40. An. Do. 1093. and had investiture of all things belonging to the Archbishopric both within it and without it, on the Sixth of March 1093. But [3.] Ibidem, fol. 19 n. 50. He demands Restitution of the Lands belonging to the Church of Canterbury. before his Consecration he demanded of the King to restore all the Lands belonging to his Church which his Predecessor Lanfranc was possessed of without any Suit or Controversy, and that he would consent he should have right done him concerning such Lands as had been in the possession of the Church, and were then lost, and not recovered; [4.] Ibidem, fol. 20. lin. 1. etc. n. 10, 20. He demands of the King to rest in his Advice in the things that pertain to God and ● Christianity. He declares he had acknowledged Pope Vrban. He also demanded of the King to rest in his Council before others, in those things that pertain to God and Christianity, and as he would have him for his Terrene Lord and Protector, so the King would have him his Spiritual Father and Overseer of his Soul. Also concerning (l) The other Pope at this time was [2.] Ibidem, Anno 1088. Vrban a Frenchman, Bishop of Ostia, and acknowledged by the French and Italians; he was created Pope at Terracina in Italy in March 1088. and died at Rome in August 1099. and was buried in St. Peter's Church there. Vrbane Bishop of Rome, who the King had not yet received as Pope, he said he had received him as such, and should yield him all due obedience and subjection; and gave him notice of it, that no Offence or Scandal might arise about it for the future. [5.] Ibidem, n. 20, 3●. The King loath to restore all the Lands. The King was loath to restore all Lands, but would have reserved such Lands of the Church [6.] Eadmer, fo. 20. n. ●0. as he after the death of Lanfranc had given to his Courtiers for particular Services, and would have had Anselme consented that they might have holden them by Hereditary Right; [7.] Ibidem. Anselm would not consent to the alienation of any of the Church Lands. but Anselme could not be brought to consent, that the Church should be any ways spoiled of its Lands or Rights. Hence arose the first difference [8.] Ibidem. The cause of the first difference between the King and Lanfranc. between the King and him, about his Dignity, Bishopric, and Prelatship; which remained undermined during the King's Life; yet at present, being urged by the [9.] Ib. n. 30. Clamour of all Men concerning the ruin and destruction of Churches, A Council of the Nobility at Winchester. Archbishop Ans●lm did Homage to the King. he held a Council of his Nobility at Winchester, and by many great Promises of what he would do for the Church of God, he persuaded Anselme to take upon him the Primacy of the English Church; who induced by the Example of his Predecessor, according to the Custom of the Land, [3.] Eadm. fol. 20. n. 30. Homo Regis factus est. did Homage to the King, as Lanfranc had done in his time, and it was Commanded he should have seizen of the whole Archbishopric; After [4.] Ibid▪ & fol. 21. lin. 4. which going to take possession of it, Thomas Archbishop of York, and all the Bishops of England met at Canterbury, where he was Consecrated the Fourth of December 1093. [5.] Ibidem, fol. 21. n. 30, 40. fol. 22. n. 10. The King went into Normandy to take it from his Brother. At that time the King endeavouring to take away Normandy from his Brother Robert, wanted a great Sum of Money to accomplish his design, and the new Archbishop offered him 500 l. towards his Expedition, which the King refused, expecting at least twice so much. And the King [6.] Ibid. fol. 24. n. 10, 20. He presseth the King to restore the Church to its Pristine State. preparing for his Voyage, he expostulates with him about restoring the Church to its Pristine State and Condition which was lost, and for the making Abbats in the Monasteries that were void, [7.] Ibid. fol. 25. n. 10, 20. Anselm falls from the King's favour. The King refuseth his Prayers and Blessings. The King returns out of Normandy without success. but would part with no Money, not what he once offered, although pressed by other Bishops, saying, he had given the greatest part of it to the Poor; whereupon he fell from the King's favour, who neither respected him as his Spiritual Father, or Archbishop, and utterly refused his Prayers and Blessings. At the King's return into England, after the expense of a vast Sum of Money without effect, [8.] Ib. n 30. Anselm would go to Rome for his Pall. Anselm went to him to let him know his intention, of going to the Pope to demand his Pall. The King asked him, from which Pope he would require it, [9.] Ibidem, n. 40, 50. The King is not willing he should. No Pope to be owned without the King's Licence. he answered him, from urban; to which the King replied, that as yet he had not acknowledged him Pope, neither had it been the Custom in his or his Father's time, that any one in the Kingdom of England should nominate or accept of a Pope without their Licence or Election; and whosoever should take from him this power, did the same thing as if he should endeavour to take away his Crown. Anselm wondering at these things, rehearsed what before he had said to the King at Rochester, That while he was Abbot of Bec he had recognised Vrban Pope, and that he would not by any means depart from his obedience and subjection; which words very much [1.] Ibid. fol. 26. lin. 1. moved the King, so as he protested, that the Archbishop against his will could not keep the Faith he ought to him, and Obedience to the Apostolic See. [2.] Ibidem. A Council of all the Bishops, Abbats, and great Men of the Nation. Anselm therefore desired a Council or Convention of the Bishops, Abbats, and all the Great Men of the Nation for the determination of this Question, Whether he might, saving his Revenue and Obedience to the Apostolic See, keep his Faith to a Terrene King. Which [3.] Ibidem, n. 10. was granted, and almost all the Nobility of the whole Kingdom met at Rockingham in the Church within the Castle the Eleventh of March, by the King's Order and Decree, for the ventilateing of this Cause. In which Convention Anselm made a Speech, [4.] Ibidem, n. 20, 30, 40. etc. recapitulating how hardly he had been drawn to accept of the Archbishopric, and only by their persuasion, and that he had told the King he could not one hour departed from his Obedience to Pope Vrban, and then with much perplexity urging the difficulty of his bearing Faith to both King and Pope, asks the Bishop's Advice in the presence of the Great Men; who [5.] Ibidem. fol. 27. n. 10, 20, 30. The Bishop's advice Anse●m to obey the King in all things. Anselms Speech to the Bishops and Great Men. unanimously advised him to submit and obey the King in all things. But he told them, since he gave him their Prince Counsel only according to the will of one Man, (meaning the King) he would apply himself to the chief Pastor and Prince of all Men, and would follow what Counsel he should receive from him in the business of his own Church. Because it was said to Peter, Thou art Peter, and upon this Rock I will build my Church, and the Gates of Hell shall not prevail against it: and to thee I will give the Keys of the Kingdom of Heaven, and whatever thou bindest on Earth shall be bound in Heaven, and whatever thou losest in Earth shall be loosed in Heaven; So also to all the Apostles in Commune it was said, He that hears you heareth me, and he that despiseth you despiseth me, and he that toucheth you, toucheth as it were the Pupil of my Eye; And as things were taken to have been principally said to St. Peter, and in him to the rest of the Apostles, so we hold the same to be principally spoken to the Vicar of St. Peter, and by him to the other Bishop's Successors to the Apostles, not to any Emperor, King, Duke, or Count Yet we are also taught in what things we ought to be subject to Temporal Princes; Give unto Caesar the things that are Caesar's, and the things that are Gods unto God. These are the Words, these the Counsels of God, these I approve, these I receive, from these I will not departed; Wherefore ye shall all know in general, that in the things that belong to God I shall yield Obedience to the Vicar of St. Peter, and in those that of right belong to the Terrene Dignity of My Lord the King, I will give faithful Counsel and assistance according to my utmost skill and power. With this Discourse he [6.] Ibidem, fol. 28. lin. 8. distracted the thoughts, and broke the unanimity of the Bishops and Great Men; yet they urge him again, [7.] Ibidem. n. 20. that he knew the whole Kingdom complained against him, that he endeavoured to take away the Crown from their Commune Lord, [8.] Ibidem. The Bishop's advice Anselm to relinquish urban, and submit to the King. for whosoever takes away or destroys the Customs of Regal Dignity, takes away both Crown and Kingdom; and withal advise him to quit his subjection to urban, and wholly submit himself to the Will of the King. He gave them the hearing of these things, but would in no wise deny his Obedience to the Pope. This troubled [9.] Ib. f. 29. n. 40, 50. The Bishops grow saint in the King's Cause. the King, but much more when the Bishops by his perseverance grew faint and cold in this Affair, and especially one of his chief Champions, William Bishop of Duresme, plainly affirmed nothing could be brought to enervate the Reasons of Anselme, being founded upon the Word of God, and Authority of St. Peter; yet he [1.] Ibidem. The King advised to take away Anselms Staff and Ring advised to oppress him by Violence, and if he would not submit to the Kings Will, to take away his Staff and Ring, and Banish him the Kingdom. [2.] Ibidem. That Advice pleaseth not the Great Men. This Advice pleased not the Great Men, to whom the King said, If this don't please you, what will? And adds, While I live I will not suffer an Equal in my Kingdom. Notwithstanding the Courage of the King, he so far gained [3.] Ibidem, fol. 30. n. 10, 20, 30. Anselm baffled the Bishops by urging the Pope's Authority and his own ov●r them. upon the Bishops by urging the Pope's Authority over him, and his over them, that they told the King, they were sorry they were not able to satisfy him, for being Primate not only of England, but also of Scotland and Ireland, with the adjacent Isles, and they his Suffragans, they could not reasonably Judge or Condemn him, although he was faulty. After much Debate in this matter, [4.] Ib. fol. 31. n. 40, 50. it was referred to a further Hearing until eight days after Whitsunday. In the mean while the King Banished Baldwin a Monk, Anselms chief Counsellor, and two of his Chaplains, which much afflicted and troubled him. [5.] Ib. fol. 32. n 20. 30. During this Truce or Respite of Hearing this Cause between the King and Anselm, The King sends two Messengers to Rome to know which Pope was Canonically Instituted. And to Treat with him about sending the Pall to the King. the King sent two of his Chaplains, Gerard and William to Rome, to inquire of the State of that Church, and which of the Popes was Canonically Instituted; and that being known, they had in Command to Treat with the Pope, and to tempt him with great Promises, that he might send to the King the Arch-Bishops Palls, that so having expelled Anselm from his Archbishopric, and also out of the Kingdom, might dispose of it to whom he pleased. [6.] Ibidem. When these Messengers returned, Walter Archbishop of Albano (a City fourteen Miles from Rome) came with them and brought the Pall privately, [7.] Ibidem, n. 40, 50. The Pall is brought to the King. passing by Canterbury silently, avoided Anselm, and hastened to the King, saying nothing of the Pall he brought to any one, as the King had commanded, not willing to have his Design discovered. Nither did he Mediate with the King to have any thing of his Severity (as it was then thought by many of the Nobility and Clergy) against Anselm mitigated. [8.] Ibid. fol. 33. lin. 3. etc. With this Artifice and his Crafty Management, he brought the King into so good an opinion of urban, that he believed he would not have any Controversy with him about any matter whatever, if he should receive him as Pope, and declare him to be so in his Kingdom, The King acknowledged urban Pope. But could not persuade him to Depose Anselm. which he did accordingly, and laboured with the Bishop by all possible means, that by the Pope's Authority, backed with Regal Power, he would Depose Anselm, but could not prevail; [9.] Ibidem, n. 10. by which he perceived he had gained nothing by acknowledging urban for Pope. [1.] Ibidem, n. 20. The day being at hand to which the Debate at Rockingham was Adjourned, Anselm was Commanded to be at a Town of his own nigh Windsor, where the King kept the Feast of Pentecost, that there might be a more ready Intercourse between them. Most of the Bishops repaired to him, and moved him by Money to reconcile himself to the King; but being inflexible, he only desired safe Conduct of the King to Sea, and then when he understood what he had to do, he would do. [2.] Ibidem, n. 50. The Great Men persuade the King to receive Anselm into savour. Notwithstanding all this, the King by the Advice of his great Men, laying aside what was past, received Anselm into favour. And as Spiritual Father of the Kingdom, and Bishop of Canterbury, granted that he might exercise his Office through England. This pleased Anselm, [3.] Ibidem, fol. 34. lin. 7. He refuseth to receive the Pall from the King. but when he was to receive the Pall, some persuaded him that for continuance of the King's favour, and saving his Honour, he would receive it from the hands of the King; He refused, saying, the gift of it belonged not to him, but to the singular Authority of St. Peter. [4.] Ibidem, n. 10, 20, 30. It was then ordered, that he which brought it into England should lay it upon the Altar of the Saviour, and thence Anselm should take it as from the hand of St. Peter, which being brought in a Silver Box, with great Pomp, accompanied with a vast number of Clergy and Laity, he came bare Foot in his Priestly Vestments to meet it, and then being laid upon the Altar, took it from thence, which was humbly kissed of all for the Reverence they bore to St. Peter, and the Archbishop putting it on presently Celebrated Mass. About this time [5.] Append. n. 16. Murchertach King of Ireland, and many Irish Bishops and Nobility, An Irish King and the People of Waterford Request Anselm to Consecrate the Elect of Waterford An. Do. 1096. with the Clergy and People of Waterford requested Anselm to Consecrate Malchus, a Monk belonging to Walkelin, Bishop of Winchester, whom they had chosen to be their Bishop, which he did at Canterbury with the Assistance of Ralph Bishop of Chichester, and Gudulph Bishop of Rochester. [6.] Eadm. fol. 37. n. 10, 20, 30, 40, 50. The King marcheth into Wales. Anselm se●ds raw Soldiers to the King's assistance. He is summoned to the King's Court. Refuseth to appear. The King denies him leave to go to the Pope. The next year the King marched into Wales, to suppress an Insurrection there, and returning Victorious, he charged Anselm with the small number, rawness, and ill appointment of the Soldiers he sent to that Service, and therefore commanded him to appear when he should be called, and do him right according to the judgement of his Court; Which he declined, and thought it better to apply himself to the Authority and Judgement of the Pope in this matter, and therefore in the Feast of Pentecost, he went to Court, and by some great Men about the King which were his Friends, he asked leave of him to go to Rome, which the King denied. In [7.] Ibid. fol. 38. lin. 6. Anselm presseth the King for leave to go to Rome. the Month of August following, the King considering the State of the Kingdom, by his Precept Convened the Bishops, Abbats, and all the great Men of the Nation, who having dispatched the Business they were called together for, while every one hasted to return home, Anselm stayed and pressed the King for leave to pass to Rome: The King denied him the second time; [8.] Ibidem. n. 20. The King denies it, and threatens to seize his Archbishopric. yet he still urged the King, who then said, if he went he would seize his Archbishopric, and would not acknowledge him Archbishop. But he persisted; and being told [9.] Ibidem, fol. 39 n. 20. by several Bishops and some Barons, he had promised the King to observe his Usages and Laws, and to defend them against all Men, [1.] Ibidem, n. 40. Answered, He had promised to observe neither, but so far as they were agreeable to the Laws of God, and to the Rules of Equity and Right; and pronounced that Custom by which he was prohibited to go to the Pope for his Soul's health, and to Advise with him about the Government of the Church of God, [2.] Ibid. fol. 40. lin. 5. Anselm declares the Custom by which he was prophibited to go to the Pope to be against the Word of God. was against the Laws of God and Rules of Equity, and therefore aught to be despised by every Servant of God; [3.] Ibidem, n. 50. and then told the King plainly he would go. [4.] Ibid. fol. 41. lin. 8. This Contest happened the Fifteenth of October 1097. on which day [5.] Ibidem, n. 10. Anselm goes beyond Sea without the King's leave. Anselm went towards Canterbury, and so on to Dover, where he lay fifteen days for a Wind, and when he and his Retinue were ready to take Ship, [6.] Ibidem, n. 20. 3●. His Archbishopric is seized. their Bags and Satchels were all searched by William Warlewast, who was sent from the King with order to do it; and presently after he was gone, his Archbishopric and all that belonged to him was seized to the King's use. Anselm coming to Lions in France, sent an Epistle [7.] In Append. n. 17. Anselms Complaints to the Pope concerning the King's usage of him and of the Church Lands. to the Pope, setting forth his Grievances and Complain of the King, that he gave the Lands of the Arch Bishopric, which he held in his hands after the death of Lanfranc, to his Knights or Soldiers, and did not restore them to him as Lanfranc held them; that he exacted grievous Services from him, such as his Predecessors knew not, and such as he could not, nor ought not to bear; and that he overturned the Laws of God and Canonical Apostolic Authorities, with his voluntary Customs, and would not give him leave to come to his Fatherhood to seek Redress or ask Advice what he should do, etc. When [8.] Eadm. fol. 45. n. 20. The Pope writes to King William, and Commands him to restore to Anselm what was taken from him. he came to Rome, and was decently received by the Pope, he was asked the cause of his coming thither, which he rehearsed in the same order he had wrote it in his Epistle. The Pope promiseth him Relief, and wrote Letters to King William, in which he Moved, Exhorted, and Commanded him to restore to Anselm what he ought to have, and what was taken from him; To the same purpose Anselm wrote to the King, and sent his Letters with the Popes. [9.] Ib. f. 48. n. 20, 30, etc. Anselm seems weary of his Dignity. The Pope chargeth him by virtue of his Obedience to keep it. Before the return of the Messenger that carried these Letters, he made a great Complaint, and seemed weary of his Dignity in England, and desired of the Pope to be discharged of it; but the Pope would not consent, charging him by virtue of his Obedience that wherever he were, he should bear both the Name, and Honour of the Archbishop of Canterbury. [1.] Ibidem, fol. 49. lin. 4. And threatens to smite the King with St. Peter's Sword. An. Do. 1098. And for the King of England (said he) and others like him, which have erected themselves against the Liberty of the Church, We shall Censure and smite them with St. Peter's Sword in the next Council, which I have appointed at Bar on the First of October, where you shall be present. [2.] Ibidem, fol. 50. n. 10. In the Council of Bar it was Decreed the King should be Excommunicated. In this Council it was Decreed, that King William should be Excommunicated and Anathematised; which Anselm hearing, fell down upon his Knees before the Pope, and with much difficulty obtained the Revocation of that Sentence. This [3.] Ibidem, fol. 51. n. 40. Council being ended, the Pope with Anselm departed to Rome, where they found the Messenger that carried the Letters to King William, who told them that with much ado he received the Pope's Letters, but would by no means receive Anselms; and perceiving the Messenger to be a Retainer to Anselm, he Swore by God's Face, that if presently he did not departed the Kingdom he should have his Eyes pulled out. The King unwilling to return an Answer by this Messenger, [4.] Ibidem, & n. 50 The King sent William Warlewast to answer for him to the Pope. sent William Warlewast to Answer for him to the Pope, who declared unto him, That his Master the King wondered not a little why he should so much urge the Restitution of Anselm, seeing it was expressly told him, that if he departed out of England without Licence, the King would seize his whole Archbishopric. [5.] Ibidem, fol. 52. lin. 1. The Pope asked whether there was any thing else against Anselm, than that he had appealed to the Apostolic See, and came thither without his King's leave; He answered, No. Wonderful! said the Pope, The Pope again threatens to Excommunicate the King. Have you come thus far to tell me this? Return, and that quickly, and command your King, on the behalf of St. Peter, that if he will not be Excommunicate, he restore Anselm wholly to all things, and let me know his Resolution before the next Council, which shall be in the third week after Easter in this City; Otherwise let him certainly know he shall in that Council receive such Sentence of * Damnationis Sententiae. Condemnation as he deserves. [6.] Ibidem, n. 10. Hereupon the King's Agent William said, he had private Instructions to impart to him, and remained many days in Rome, in which time he so well managed this Affair, [7.] Ibidem, Watlewast by Gifts procures the Censure of the King to be deferred. that with Gifts and Promises, he procured many to favour his Cause, and so altered the Pope's mind, that to the satisfaction of his Master the prosecution of this Cause was deferred until Michaelmass following, it being then the time of the Solemnity of Christ's Nativity. In the third week after Easter, An. Do. 1099. A Council at Rome. the Pope as he had appointed held a Council at Rome, in which [8.] Ibidem, n. 40, 50. though Anselms Cause was propounded, and vehemently urged, yet nothing was done in it, particularly to the advantage of Anselm; yet after he made great use of [9.] Ib. f. 53. n. 10, 20. A Decree against receiving Investitures from Lay-Men. a general Decree, That as well all Lay-people, that should give Investiture of Churches, as those that received them; also all those who should do Homage, and vield themselves in subjection to Lay-Men for Ecclesiastical Live, should be Excommunicate. Eadmer, who accompanied Anselm in all his Travels, [1.] Ibidem. says he was present in this Council, and saw and heard this Decree passed and confirmed. The Council then ending, [2.] Ibidem, n. 30. Anselm goes from Rome, and fixeth himself at Lions. the day following Anselm receiving no Assistance nor Relief from the Pope, with his Licence departed from Rome to Lions, and there fixed his Habitation, without all hope of returning to England while William was King; where he remained until the death of Pope [3.] Ibid. fol. 54. lin. 2. Vrban, which happened * Onuph. Chr. Pont. Roman. the Thirtieth of July 1099. before the time King William's Answer was expected, and afterwards until the death of the King, Eadmer first of all Historians from common fame, [4.] Fol. 46. n. 50. fol. 47. lin. 1. n. 10. King William Rufus accused of Judaizing. writes, That the Jews at Roven applied themselves to William, and by Money prevailed with him to compel the Christian Proselytes to return again to Judaisme; and more particularly, that the Father of a young Man, a Jew, Converted to Christianity by Stephen the Protomartyr (who [5.] Ibidem. St. Stephen appears to a young Jew and Converts him to Christianity. appeared to him in a splendid Vesture, and a florid Countenance) offered Sixty Marks of Silver, to force him to renounce Christianity and embrace Judaisme again. The King (as 'tis there reported) attempted it, but without effect, the young Man being so close riveted to Christian Religion by Stephen's Ghost. However the old Man received back half his Money, and was satisfied. He also [6.] Ib. n. 50. fol. 48. lin. 1. Eadmer reports the King denied the Providence of God, etc. reports from common Fame, (whereas he could not but know King William and his Actions very well himself) that his Mind was so far elated as to deny the Providence of God, and to assert, that Prayers to Saints were insignificant, and availed not. This Author mentions not the Disputation said to be between the Jews and Christian Bishops, nor the encouragement King William gave the first, by promising, that if by Argument they overcame the later, he would forsake Christianity and turn Jew. The first Historian that mentions it is [7.] De Gest. Reg. fol. 69. b. n. 40. Rufus his Revenue. Malmsbury, who softens the King's Promise, with this Expression, that it was in Merriment, as he believed. His Revenue was in all probability the same with his Fathers, yet his Expenses being greater, he took up a new way of augmenting it, by keeping [8.] Flor. Wig. fol. 650. He keeps void Bishoprics and Monasteries. void Bishoprics and Monasteries, and taking the Profits to himself; and the day he died he had in his hands the Archbishopric of Canterbury, the Bishoprics of Winchester and Salisbury; and as [9.] Vt supra, lin. 5. Malmsbury says, twelve Abbeys; and when they were disposed of, they had them that would give most for them. He also had much Money broubht into his Treasury by oppressing and exacting upon the People. His chief [1.] Ib. a. n. 50. b. lin. 3. Instrument and Adviser in these things was Ranulph a Norman Clerk, of mean Parentage, but Eloquent, and of a ready Wit, and an invincible Lawyer; to whom the King [2.] Flor. Wig. fol. 649. committed the dispatch of the Business of the whole Kingdom, and gave him the Bishopric of Duresme. His craft and subtlety was such, that he became [3.] Ibidem. fol. 650. the general Informer of the Kingdom, and had got such power, that he punished some Rich Men all the Kingdom over, by taking away their Lands; and the Poorer sort by imposing on them a great and unjust Tribute; and many ways oppressed both great and small, as well before as after he was Bishop, until the King died, who was buried in the Cathedral at Winchester before the high Altar. THE REIGN OF Henry the First. THE words by which Historians of these times express the manner of this Kings ascending the Throne are various. [1.] Hist. nov. fol. 54. n. 10 Eadmer says William Rufus died the Second of August, and that [2.] Ibidem, f. 55. n 10. Henry succeeded his dead Brother. Florence of Worcester [3.] Fol. 649. An. Do. 1100. tells us he was slain in the New-Forest on the Fourth of the Nones of August, (which is the Second of that Month) and that his younger Brother Henry succeeded him; and on the [4.] Ibid. fol. 650. lin. 9 Nones of August, (which is the Fifth day) being Sunday, was Consecrated King by Maurice Bishop of London. [5.] In W. 2d. f. 71. a. n 40. William of Malmsbury reports, that Rufus was slain the Fourth of the Nones of August, and that after his Funeral [6.] Ib. in H. 1st. f. 88 a. n. 20. Henry was * See the Glossary. chosen King, chief by the assistance of (a) He was younger Son of Roger de Bollomonte, [4.] Gemet. lib. 7. cap. 4. Script. Norm. f. 1091. Henry Earl of Warwick who he was. by Adelina Daughter and Heir of Walleran Earl of Mellent▪ a Town upon the River Seyn in Veuxin Francois, between Mant and Poissi; He was made Earl of Warwick in the later end of the Reign of William the First, or beginning of William the Second. Henry Earl of Warwick, after some Contests among the great Men; and that he was [7.] Ibidem, n. 30. Crowned at London with the Shouts of the Rabble on the Nones of August, four days after his Brother's death, which are to be understood inclusive of the Second and Fifth. [8.] Hist. lib. 7. f. 216. b. n. 20. Hen. of Huntingdon says Rufus was killed in the New-Forest on the Morrow after the Kalends of August, (which is the second day) that [9.] Ibidem. n. 30. the day after his death he was buried at Winchester, and Henry his younger Brother was there Elected King; and that going from thence to London, he was by Maurice Bishop of London Consecrated. [1.] Col. 225. n. 10, 20, 30, etc. Simeon Dunelmensis in this Relation transcribes Florence of Worcester Verbatim. [2.] Fol. 781. C. 7●2. A. Ordericus Vitalis relates, that King William on the Morrow after the Kalends of August, after Dinner, went a Hunting in the New-Forest, and with him his [3.] Ibidem, fol. 782. B. Brother Henry, William of (b) He was [5.] Gemet. lib. 8. cap. 5. William of Breteul whence, and who he was. eldest Son of William Fitz-Osborne Earl of Hereford, and had his Father's Estate in Normandy, of which Britolium or Bretolium was the chief Seat, from whence he was called William de Bretolio, now Breteul, not far from Eureux. Breteul, and other Illustrious Persons dispersed in the Woods, it was not long before the King was killed, whose death made an horrible noise in the Forest; Henry posted to Winchester, where the Royal Treasure was, The Contest between William of Breteul and King Henry about his Succession. and demanded the Keys, as if he had been true Heir. William of Breteul followed him in great haste, and intending to prevent his design, said to him, We ought legally to remember the Faith we have engaged to your Brother Duke Robert, who is the first born Son of King William; and I, and you my Lord Henry have done him Homage, and therefore we are in all things to keep our Faith to him, as well absent as present. Upon this there was a sharp Contention, and a great Confluence of Men; Henry's power increased, who laying his Hand upon his Hilt, drew out his Sword, and would not permit any Stranger by a frivolous delay to seize the Sceptre of his Father. At length Friends and Wise Counsellors coming together, the Contention was allayed, and by found Advice, lest there might be made a greater Division, the Castle and the Royal Treasure was delivered to Henry; and then hastening to London with Robert (c) He was [4.] Gemet. Script. Norm. lib. 8. cap. 15. eldest Son to Roger de Bell●monte, and Adeli● abovesaid, and in her right Earl of Mellent, now Meulant, seated as above said. Earl of Mellent, was [6.] Ord. Vit. fol. 783. A. B. the Sunday after Crowned in the Church of St. Peter at Westminster by Maurice Bishop of London. Three, if not four of these Historians were living, and in all probability Writers at the time of this Transaction, and they all agree in the time of King William's death, Henry's invading the Throne, and his Coronation; They all likewise agree, that he promised [7.] In loc. 〈◊〉. to destroy all evil Customs, and remove all unjust Exactions, to restore the Church to her Liberties, and King Edward's Laws, with such Emendations as his Father had altered or mended them; Which Grants [8.] Eadm. fol. 55. n. 40. were drawn into the form of Letters, or a Charter, and being Sealed with his Seal [9.] Flor. Wig. ut supra. King Henry his Charter. the day he was Crowned, were by his Command published all the Kingdom over. This whole Charter is to be found in * F. 55. n. 40. Mat. Paris, and is recited in the Answer to Argumentum Antinormanicum, with an Exposition upon it. Immediately after the Coronation, [1.] Eadm. fol. 55. n. 30. Archbishop Anselm called from Exile. The King submits to him. the King and great Men dispatched away a Messenger to Archbishop Anselm, then in Exile at Lions in France, inviting him to return into England with what speed he could; The King in his Letters, adding his Prayers and Wishes for the same, promising to subject himself and his Kingdom to his Counsel and Government. He landed at Dover the Twenty third of September following, to the exceeding great joy of the whole Nation, of whom more afterwards; Only this shall be here noted of him, That not [2.] Ibid. fol. 56. n. 30, 40, etc. long after his return, the Cause of Maude Daughter of Malcolme King of Scotland, (with whom the King was in Love) whether she might lawfully Marry, or not, was discussed. The Case of King Henry's Queen. The reason of the doubt was, for that she had been Educated in a Monastery amongst Nuns from her Infancy, whereupon it was thought by many that had seen her amongst them Veiled, that her Parents had offered her to the Service of God. This was put to the determination of Anselm alone; but without the approbation of a Council he would determine nothing. And therefore he calls [3.] Ibidem, fol. 57 n. 10. A Council at Lambeth. The Lust and Luxury of the Normans. the Bishops, Abbats, Nobles, and Men of Religious Orders together at Lambeth, where she confessed that indeed she was Veiled against her will, and took that Habit upon her to preserve her Chastity from the furious and tempting Lust of the Normans, which she proved by sufficient Witnesses, and that not only she, but many other Matrons and Virgins, when the great William first Conquered this Land, went into Monasteries and Veiled themselves, that they might thereby be protected from the Nefarious Lust of his Followers, who puffed up with so great a Victory, thought all things subject to their Will and Luxury, and that they might not only seize the Estates of the Conquered, but also ravish Matrons and Virgins when they had opportunity. Upon which Allegation and Proof by Judgement of the Council and Anselm, [5.] Ibid fol. 58. n. 10, 20. Ran. Bishop of Durham imprisoned. she had the lawful liberty of her Body allowed, and that according to the Law of God she might Marry; and soon after was joined in Marriage to King Henry. He began his Reformation of the Nation with imprisoning [6.] Flor. Wig. fol. 650. He makes his escape, and flies to Duke Robert, and persuades him to invade England. Ranulph Bishop of Durham, the great Instrument of his Brother's Oppressions and Exactions, in the Tower of London, from whence after Christmas he made his escape, and passed the Sea to Duke Robert, (who had returned into Normandy [7.] Ord. Vit. f. 784. B. in September preceding) and persuaded him to Invade England. And very many of the chief Men thereof [8.] Flor Wig. ut supra. sent Messengers to him, to make haste and come thither, promising him the Crown and Kingdom. And [9.] F. 88 a. n. 40. These were all Normans by birth. Most of the great Men of England favoured Robert Duke of Normandy. Malmsbury reports of all the great Men of this Nation, there only remained faithful Robert Fitz-Haimon, Richard de R●dvers, Roger Bigod, Robert Earl of Mellent, with his Brother Henry; all others privily favoured Robert, and would have had him King, or openly reproached, and contumeliously used Henry. In the Solemnity of Pentecost there was a warm [1.] Eadm. f. 58. n. 50. The King and they suspect one another. Report, that Robert was coming for England, which much moved the Court, and inclined the Minds of many, some one way, some another; The Chief Men suspected the King, and he them; They him, that having obtained Peace he might urge them with severe Laws; And he them, lest they should desert him, and set up his Brother. In this difficulty [2.] Ibid. fol. 59 lin. 4. Anselm reconciles them. Ibid. n. 10. Duke Robert Lands at Portsmouth The great Men prepare to go to him. Anselm was such a Mean between them and the King, that he promised to govern by Holy and just Laws; In this they rest satisfied, believing themselves secure. The King hearing of his Brother's Preparations, raised a great Army, and was resolved to give him Battle; Anselm with his Friends in this Army watched diligently about the King; yet so soon as it was noised that Duke Robert was landed at Portsmouth, forthwith the great Men of the Kingdom, unmindful of their Engagements, prepared to march to him and leave the King; [3.] Eadm. ut supra. n. 20. King Henry fears the lost of his Kingdom and Life. He makes great Promises to Anselm of Obedience to the Church and Pope. of which Anselm having certain notice, was grieved, and was the more earnest to prevent any ill that might befall him; The King not only suspected the loss of his Kingdom, but of his Life, and could trust none but Anselm, whence he came often to him, and brought with him such great Men as he feared, that by his Speeches they might be terrified, and kept steady to the faith they had engaged, and he relieved from his fear. And then the King promising to Anselm that he should freely exercise the Ecclesiastic Laws and Discipline, and that ever after he would be Obedient to the Decrees and Commands of the Apostolic See. Anselm fixeth the great Men to King Henry. He called together the great Men, and urged upon them and the whole Army how execrable a thing it was for them to violate their Faith given to the King, by which Discourse he changed their Minds, and they resolved rather to lose their Lives than revolt from him; and it was from his Fidelity and Industry that Henry at that time lost not the Kingdom of England. And Robert failing in the trust reposed in the great Men, and fearing to be Excommunicated by Anselm, as an Invader, made Peace with his Brother, and dismissed his Army. Florence [4.] Fol. 650. lin. 27. of Worcester says as above, that very many of the great Men sent for Duke Robert over, and promised him the Crown and Kingdom; and coming, they did some of them adhere to him, and others dissembling their Kindness and Affection to him, stayed with the King. But the Bishops, Common Soldiers, or Stipendiaries, and English remained with him, being unanimously ready to fight for him. The two Brothers are reconciled by the Mediation of Wise Men. The Terms of Peace. At which time the Wise Men on both sides consulted together, and by their Mediation made Peace between the Brothers on these Conditions; That Robert should yearly receive 3000 Marks; and that all such as had their (d) In the Latin, Honours suos, which signifies strictly the Seat and Head of the Earldom or Barony; but generally Earldoms, Baronies, and Honourable Estates. Earldoms and Baronies taken from them in England for their Fidelity to the Duke, and all those that had the like Estates taken from them in Normandy for their Fidelity to the King, should have them again freely without Compositions. Ordericus Vitalis gives a third Relation of this Transaction. In the year of our Lord, [5.] Fol. 785. An. Do. 1101. says he, 1101. the Seditious great Men, (fearing the Magnanimity of King Henry, and loving the easiness of Slothful Duke Robert, sent to him that he would suddenly provide a Fleet to transport himself) [6.] Ibidem, fol. 786. A. that is to say, Robert de Belism, his two Brothers, (e) He was so called because [9.] Malms. f. 88 b. n. 30. Rogerus Pictaviensis, who he was. Domesd. in iisdem Comitat. His great Estate. he Married a Poictovis Woman, and was the same Roger Pictaviensis, who in the Conquerors Survey is said to have possessed all the Lands between the Rivers Rible and Mersey in Lancashire, and so much more as made 188 Manners in that County, 76 in Yorkshire, three in Essex, 59 in Suffolk, 11 in Nottinghamshire, seven in Derbyshire, 10 in Norfolk, 44 in Lincolnshire; in all 398. Roger the Poictovin, and Arnulph, William de Warrenna Earl of Surrey, and Walter Giffart, Ivo de Grentemaisnil, Robert the Son of Ilbert, and many others who first privately entered into a Confederacy, and then publicly advanced the Duke's Title. Anselm the Archbishop, and all the Bishops and Abbats, and all the Clergy, and English, adhered to their King; as also did Robert Earl of Mellent, and others. [7.] Ib. 787. B. Aug. 1. In Autumn Robert landed at Portsmouth, where he was received of the Nobility, who had long since done him Homage. The two Brothers remained with their Forces in a [8.] Ibid. fol. 788. A. B. C. Plain some days, and there was daily an Intercourse of Messengers between the Noblemen on both sides, without effect; At length only the two Brothers by consent, without any Assistants, met between the two Armies, and after some Discourse, agreed, That Robert should quit his Claim to England, and release the Homage his Brother had done to him in respect of the Royal Dignity; That Henry should yearly pay to him 3000 l. Sterling, and render up to him the whole Country of Constance, and all he possessed in Normandy, except Damfront. They also then agreed upon mutual Assistance, and that they should resume all their Father's Lands and Demeasns; And lastly, That they should equally punish the Fomenters of Discord and Contention on both sides. After this Agreement the Duke stayed here two Months, and then he returned, and with him William de Warrenna, and others that had lost their Estates in England for his sake. Not long after [1.] Ord. Vit. f. 804. C. D. The Duke mediates for the Restitution of the Earldom of Surry to William de Warrenna. The King rebukes him for it. William de Warrenna made a sad Complaint to the Duke, that for his Cause he had lost his Earldom of Surrey, of the yearly value of 1000 l. and prevailed with him to come over into England to mediate with the King for the Restitution thereof. But moving him in this matter, he upbraided him with breach of the Peace, for not bringing Public Traitors to Punishment, and not exercising a due severity upon Turncoats, telling him he had that very year kindly received Robert de Belesin, and given him his Father's Possessions, the Castle of Argentoile, the Bishopric of sees, and the Forest of Golfer▪ [2.] Ibidem, fol. 805. A. Duke Robert releases the Annual payment of 3000 l. The Earl of Surry is restored. To all which was charged upon him, the Duke humbly promised amendment, and at the Instance of the Queen he released the Annual payment of 3000 l. whereupon the King was reconciled to him, renewed the former Peace, and restored William de Warrenna to his Earldom, who ever after remained faithful to Henry, and was numbered among his chiefest Friends. After King [3.] Ord. Vit. fol. 787. B. 804. C. Henry had made Peace with his Brother, and was confirmed in his Kingdom, he began by degrees to punish such Traitors as deserted him, and adhered to, and invited over Duke Robert. He summoned to Trial Robert Mallet, Ivo de Grentemaisnil, Several Traitors summoned to Trial. Robert de Pontefract, the Son of Ilbert Lacey, and Robert de Belism, the greatest of them all, with many others; yet not all at once, but severally, at divers times, and after divers ways, he impleaded them as guilty of violation of their Faith. Some were Fined, others lost their Estates. Some of them that could not purge themselves of the Crimes wherewith they were charged, he condemned in great Sums of Money; and from others which he most feared and suspected he took away their Estates and banished them. When the mighty Earl [4.] Ibidem, fol. 806. A. An. Do. 1102. Robert de Belism. summoned to Trial. Robert de Belismo was summoned to the King's Court, there were objected to him forty five Crimes in Words and Deeds committed against the King, and his Brother the Duke of Normandy, and he was Commanded to Answer openly to every one of them; for the King by the space of a year had set Spies upon him, who observed and committed to Writing all his obliqne Actions. He being thus charged, asked leave, He flies to his Castles. as the Custom was, to go to Counsel with his Friends, and having obtained it, knowing he could not purge himself of the Transgressions objected to him, in great fear he fled to his Castles, while the King with his Barons were expecting his Answer. The King's Sergeant came and informed them that Robert had made his escape, The King issues a Proclamation against him to appear. He fortifies his Castles. whereupon the King issued his Proclamation, that unless he came in and submitted himself to Trial, he was adjudged a public Enemy. But in stead of appearing before the Court, he fortified his Castles, praying Aid of all the Normans that were of his Alliance, of the Welsh, The King raised an Army. Angliae Exercitum Convocavit. Arundel Castle besieged. and all others of his Relations or Affinity. Upon this obstinacy the King presently called together the Army of England, and besieged his Castle of Arundel in Sussex, and building several Castles about it, departed. The Besieged Petitioned the King for leave to dispatch Messengers to their Lord, that he would either send them Relief, or permit them to reconcile themselves to the King, which was granted. And seeing he could not help them, very sorrowfully gave them leave to make their Peace with him. At this time the King [5.] Hoved. fol. 69. a. n. 20. Tikhill and Bridgnorth Castles besieged. Commanded the Bishop of Lincoln with part of the Army to besiege Tikhill Castle, while he himself went and besieged Bridgnorth Castle in Shropshire, from whence Robert was gone to Shrewsbury. Here the King stayed three weeks, and by [6.] Ibidem, n. 30. Shrewsbury Manned against the King. The Welsh join with the Earl against the King. Gifts corrupting the Welsh, in whom the Earl placed most confidence, they rendered to him the Castle. Robert stayed not long in Shrewsbury, but left it to the care of Roger the Son of Robert de Nevil, and Vlger Venables, with whom he joined eighty Stipendiary Soldiers, and made Peace with the Welsh, and drew their Kings Caducan and Gervat the Sons of Rese to his Party, by whom and his own Forces he often disturbed the King's Army. [7.] Ord. Vit. f. 807. A. B. C. The Earl disinherited William Pantulf. He assists the King, and by Gifts and Promises brings the Welsh to the King's side. Before this time the Earl had disinherited William Pantulf a great Man in Shropshire, who withdrew his Assistance from him, and returned to the King, who forthwith sends him 200 Soldiers, and makes him Governor of Stafford Castle, from whence by Excursions he mightily annoyed the Earl above all others, and at length by Promises and Gifts brought off the Welsh Kings and their Forces to the King's side. After this the King demanded the Town of the two Governors, and threatened that if it were not delivered in three days, he would Hang all he should take there; The Governors Treat with the King, by the Mediation of William Pantulf who was Allied to them, Shrewsbury delivered to the King. The Stipendiaries had leave to departed with their Horse and Arms. and they the Townsmen and Burgesses were willing to save themselves, and deliver up the Town. The Stipendiaries knew nothing of this Treaty, but remained faithful to their Master, and therefore when the King entered the Town, he permitted them freely to departed with their Horse and Arms. The King having thus subdued his Enemy, [8.] Ibid. fol. 808. A. B. C. The King takes away his Earldom of Shrewsbury, and his Lands. Banisheth his two Brothers, and endeavours to extirpate that Family in England. he took away his Earldom and Lands, and all the Estates of such as adhered to him, and gave him safe Conduct to pass beyond Sea, and with him he sent away the two wealthy Earls his Brothers, Roger Pictaviensis, and Arnulph, and seized their Estates; his Enmity being such against Robert, that he endeavoured totally to extirpate that Family in England. They being [9.] Ibidem, C. D. Robert de Belismo wasted Normandy. expelled out of England, there followed mad work in Normandy for three years together; Many Towns were burnt, and Churches with the People in them that fled to them for safety. Almost all Normandy risen up against this boisterous and unquiet Robert de Belismo, but they wanted a Head and a Leader of such Courage as might subdue so great a Waster and Subverter of his Country. He was a Man of Parts and Cunning, and had a considerable Strength about him, and supported himself by his Wealth which he had treasured up in thirty four strong Castles, He had thirty four strong Castles. that he had formerly built with a design of Rebellion. He only enjoyed his Father's Estate, He gave his Brothers nothing of his Father's Estate. Roger dies▪ Arnulph leaves his Brother. not suffering his Brothers to possess any part of it, although for his sake they had lost their Fortunes. Roger left him, and took himself to Carof-Castle, which was his Wife's Inheritance, and there grew old and died. Arnulph after many difficult Undertake for him, to no purpose, grew discontented, and fell off to the Duke, seized the Castle of Amanisca, now Almenesches, delivered it to him, and such as favoured his Brother that were in it. In the Territory also of See's, many with Arnulph left the Turbulent Earl, and delivered their strong Holds to the Duke. Although he was much [1.] Ibid. & fol. 809. A. Robert de Belismo burns the Abbey of Almanisca. dismayed at the Revolt of his Brother, yet hearing some of the King's Troops were quartered in the Abbey of Almanisca with design to harass and plunder the Country; He presently marched thither, fired and burnt it, he there took many Prisoners, whereof some he punished with death, others he dismembered. In the mean time the Duke was with the Army of Normandy at Hi●smes, and marching towards the Earl, he drew up his Forces, and many ways attempted the Duke, He rou●s the Duke's Army. and boldly charging him upon a Causey, put him to flight, and made many his Prisoners. Puffed up with this success, and scorning the Duke, he endeavoured to bring all Normandy under his power; the Country where he was, and the Neighbouring Territories submitted to him, not being able to resist. He took in the Fortress of Hiesmes and Gunters Castle (now Gontel) and many other Garrisons round about him. About this time died [2.] Ibidem, fol. 810. B. A great War and Contention in Normandy about a private Estate. William de Britolio or Breteul, without lawful Issue; His two Grandchilds William de Guader, and Raynald de Cracey contended who should succeed him. The Normans rather chose for their Lord his Son Eustachius by a Concubine, as more affecting one born in their own Country, though a Bastard, than either a Britain or Burgundian; from whence there arose great War among the Adverse Parties, and great desolation of the Country. William de Guader soon died, and left Raynald to contend with Eustachius. [3.] Ibid. C. To Raynald (f) These were Norman Barons, and this Ralph de Conchis was the same [4.] Gemet. lib. 8. c. ●7. Ord. Vit. f. 813. D. & 522. C. Person with Ralph de Todinei● Lord of Flamstead in Hampshire, who afterward Married Alice one of the three Daughters of Judith Widow of Waltheof Earl of Huntingdon, Northampton, etc. Niece to the Conqueror by his half Sister Maude Countess of Albemarle, the eldest Maude being Married to Simon de St. Liz, or Sylvanectensis, with whom he had the County of Huntingdon, etc. and the third was Married to Robert the fifth Son of Richard de Tonebridge. Ralph de Conchis the Son of Isabel, and Ascelin Goell, and Almaric de Monteforti joined their Forces and wasted the Country, but were not able to do much for him; for Eustachius had with him William Alis, Ralph Rufus, and Tedbald, and other his Barons, which made a stout resistance, by whose Advice against so many Enemies, he craved the help of the King of England, who Married his Natural Daughter Julian to him, and gave him such Assistance as neither Goel nor all his other Enemies could withstand. After this Match King Henry [4.] Ibid. 811. B. C. D. An. Do. 110●. employed Robert Earl of Mellent to compose the Differences in Normandy, and sent to Duke Robert and other great Men to assist his Son in Law, and resist his Enemies, otherwise they should feel his displeasure; Many that were his Enemies not willing to disoblige the King, became Friends to Eustace; yet Raynald and Goel persisted, and by a nefarious rashness committed Slaughters and Burn, but Eustace prevailed, gained the possession of his Father's Honour, and Raynald was beaten out of the Country; Then Robert Earl of Mellent soon reconciled all other litigating Parties, and made perfect Peace between them. In the mean time [6.] Ibidem. The Duke makes Peace with Robert de Belismo without Advice of his Brother. the Duke seeing the desolation of his Country, and not able to defend it against Robert de Belism, without Advice of his Brother, (contrary to Agreement) made Peace with him, and granted him his Father's Honours and Estates, the Bishopric of Seez, and others beforementioned. [7.] Ibid. & fol. 812. A. The Bishop and Abbot of Seez Curse Robert de Belismo and flee into England. The Bishop of Seez Serlo, and Ralph▪ Abbot of the same, not willing to live under the Power and Tyranny of this Robert, after having Anathematised him, departed from that place and fled into England to King Henry, who received them very kindly. Not long after many Honourable [8.] Ibidem, 813. D. The Normans Petition King Henry to take their Country into Protection. He passeth into Normandy. Persons of the Normans, as well of the Clergy as Laity, reflecting upon the Miseries of the Church of God, and their Country, Petitioned Henry to come over, and take it into his Protection, and to Correct the Profane Spoilers with the Rod of Justice; Accordingly he passes into Normandy with a great Fleet, and visits Danfront and other Towns subject to him, [9.] Ibidem, fol. 814 A. The English Normans adhere to the King against the Natural Normans. The King rebukes his Brother. and was very Honourably received by his own great Men, and plentifully presented after the Royal Custom. For Robert Earl of Mellent, Richard Earl of Chester, Stephen Earl of Albamarle, Henry Earl of Ou, Rotro Earl of Mortaigne in Perch, Eustace Earl of Breteul, Ralph Earl of Conches, Robert Fitz-Haymon, Robert de Monteforti, Ralph de Mortemer, and many others which held of him great Estates in England, and now being in Normandy, did all adhere to him, with their great Men, and were ready to fight for him against the Natural Normans. Few days after he sent to his Brother for a Conference, in which he rebuked him for breaking the [1.] Ibidem, B. C. The Duke desired his Friendship, which he obtained, and the King returned into England. Accord made between them in England, for making Peace with Robert de Belism, a Traitor to them both, and restoring him to his Father's Lands and Dominions, and for many other things; The Duke fearing his Brother's Power, desired his Friendship, and they being reconciled, the King before Winter returned into England. No sooner was [2.] Ibidem, C. D. In King Henry's absence Robert de Belismo seized the Lands, killed the Tenants, and burned the Houses of such as favoured him. The Normans apply themselves to the King of England. he gone, but Robert de Belism, with his Nephew William Earl of Mortain in Normandy, and as many Nobles as he could seduce, broke out into War again, and fell upon such as favoured the King, seized their Lands, killed their Men or Tenants, and burned their Houses. The Plowmen and ordinary People fled into France with their Wives and Children, and suffered great Miseries during their abode there. In the midst of these Miseries they apply themselves again to the King of England, who in the last Week of Lent [3.] Ibidem, fol. 815. A. landed again at Barbaflot in Normandy, and on Easter-day was at Carenton, seated on the River Vire, where Serlo the Bishop of Seez came to him, and offered his Service, who going with the King into the Church at Carenton, to Celebrate the Solemnity of Easter, they found it almost filled with Chests, and Householdstuff of the Country People, which was brought thither as to a place of safety. [4.] Ibidem, B. C. Upon which Spectacle the Bishop in an Harangue to the King laid open the Miseries of that Country, and shown him what the People were forced to do to secure themselves from Robbers, Plunderers, and Spoilers; The Bishop of Seez exhorts King Henry to Conquer Normandy. Telling him also it was for want of a good courageous Prince and Governor that these things happened; and then exhorted him by the Sword of Justice to Conquer and defend the Dukedom. [5.] Ibid. D. He resolves to procure Quiet to the Church. Many Noble Normans encourage him to it. An. Do. 1104. The King encouraged by this Speech of the Bishop, and what he heard from the Noblemen which were with him, immediately resolved by their Assistance to procure the Peace and Quiet of the Church of God. The Earl of Mellent with the consent of the great Men present, advised, and urged him to put in execution what he had resolved. But before they made any progress in this Affair, the Bishop had a small job of work to do; The Normans than wore very long Hair, and used much art in preserving and making it (as was then thought) Ornamental. [6.] Ibid fol. 816. A. B. C. The Eloquent Prelate (says the Historian) continues his Preachment, and inveighs mightily against that Vice, admonishing and exhorting the King to show a good Example to others, and suffer his Hair to be cut off first; He submitted to have it done, Serlo Bishop of Seez cuts off the Kings Hair. and the Bishop presently drew a Pair of Sissors out of his Sleeve, and first Polled the King, and then the Earl, and many Noblemen with his own Hands; and the People fearing the King's Edict, came from all parts, and strove who should be first Polled or Clipped. After the Solemnity of Easter, King Henry [7.] Ibidem. King Henry Chastiseth the Enemies of the Church. sent Ambassadors to Philip King of France, and called to him Geoffrey Martell Earl of Anjou, and Manfully Chastised the Enemies of the Church. In the year 1106, in the [8.] Ibid. fol. 818. C. D. He attempts the Conquest of Normandy. Spring King Henry went again into Normandy with design to take it from his Brother Robert, and having Hired Elias Earl of Main and his Forces, besieged the City Bayeux, of which Gunter Dauney was Governor; he went out to the King, and delivered to him Robert Fitz-Haymon whom he had taken Prisoner some time before, but would not deliver the City; He burns the City of Bayeux. forthwith the King attempts, fires and burns it to the ground, took the Governor and Garrison Prisoners. The Governors of other places were much affrighted at the destruction of this City; and the People of Caen, the King marching to them, Caen yields to him. sent to him and yielded upon Summons, expelling Engeran Fitz-Ilbert their Governor. For this Service the King gave to four of the chief Citizens Dalington in England, worth Fourscore Pounds per Annum. From hence he proceeds to Falais, but had not the same success, Falais beats off his Army. having been beaten off by the Garrison. In the mean time [9.] Malms. f. 88 b. n. 40, 50. William Earl of Mortain demands the Earldom of Kent. William Earl of Mortaigne, Son of Robert the King's Uncle, not content with two Earldoms, that in Normandy, and Cornwall in England, demanded of the King the Earldom of Kent, which his Uncle Odo sometime held; who not only refused what he asked, but by Judicial Proceeding took from him what he held, The King takes from him the Earldom of Cornwall. without right. For this, being in great fury with the King, he went into Normandy, [1.] Ib f. 89. a. n. 10. He joined himself to the Duke, and Robert de Belism. and joined himself to the Duke's Party, and with Robert de Belism and others, firmly adhered to him, and with Fire and Sword prosecuted King Henry's Friends; for which he took away from him all he had in England, and levelled his Castles with the Ground. [2.] Ord. Vit. f. 819. D. 820. A. B. The King streightens Tenerchebray. And a while after gathered some Forces together in Normandy, built a Fort near his Town of Tenerchebray, (now Tinchebray) and put a Garrison into it, with intention so to straighten it as to make it yield. Notwithstanding William being a stout young Man, with some Companies of Soldiers relieved it; at which the King was much angry, and calling together his Army, laid Siege to the Town, whereupon Earl William solicited the Duke, Robert de Belism, The Duke, etc. endeavours to relieve it. and other his Friends for Assistance to raise it, and he obtained it. There were with the Duke besides these two great Earls, Robert de Stoteville, William de Ferrariis, and many others with their Forces. The King had with him Elias Earl of Main, William Earl of Eureux, Robert Earl of Mellent, William Earl of Warren, and these great Barons, Ranulph of Bayeux, Ralph de ●onches, Robert de Monteforti, and Robert de Grentmaisnil, and many others with their Clients. There were more Knights or Horsemen on the King's Party, and most Foot on the Dukes. Before this place they came to a Battle, The Battle of Tenerchebray. The Duke's Army routed. wherein the Duke's Army was routed; The particulars of which Victory will appear in King Henry's Letter to Archbishop Anselm, which will be presently mentioned. The disagreement in Chronology between the English and Norman Monks. As to the certainty of the time of these Transactions, neither the English or Norman Monks do exactly agree one with another; but certain it is that King Henry plied between England and Normandy according to the exigency of Affairs. [3.] F. 80. ●in. 1. Eadmer reports, that he was in Normandy in the year 1104. and almost subdued all of it, the People having a mean Esteem of his Brother, and that almost all the great Normans presently upon his coming, despising their Lord the Duke, quitting their Faith they ought him, ran after the King's Gold and Silver, and delivered him Cities, Castles, and Towns. [4.] Ibid. fol. 83. n. 20, 30. But not being at that time able to Conquer the whole Dukedom, he returned into England that he might furnish himself with Money sufficient to subdue what remained under the power of his Brother, King Henry used strange ways for raising Money. and so totally disinherit him. In the Collection of this Money new ways, and strange Exactions were used, new and unheard of Forfeitures were invented, which reduced the People to great Misery, not daring to plead against the King, and such as would, or could not pay were imprisoned and tortured. [5.] Ibidem, fol. 84. lin. 3, 4. & n. 20. These Exactions fell hard upon the Clergy, by which he lost their good opinion, and brought an odium upon [6.] Fol. 85. n. 10. himself. He observing these things, hastened his Reconciliation with Anselm, who coming into [7.] Ibid. fol. 89. n. 40. f. 90. n. 10. King Henry gives Anselm an Account of his Victory of Tenerchebray. England, the King wrote to him a Letter of his Victory at Tenerchebray, in which he tells him, that Robert Earl of Normandy with all his Troops of Horse and Foot, that he could either by Entreaty or Money get together, at an appointed time fought sharply with him before Tenerchebray, That he had beaten him with small loss on his side, and that Divine Mercy had given into his hands the Duke of Normandy, The Particulars of that Victory. Vsque ad 400 Milites & 10 Millia peditum. and Earl of Mortain, William Crispin, William Ferrer, Robert Stotevile the elder, and others to the number of 400 Knights or Horsemen, and Ten thousand Foot, together with Normandy itself. [8.] Ibid. fol. 90. n. 20, 30. Robert Duke of Normandy sent Prisoner into England. Many ascribed the obtaining of this Victory to the Peace he made with Anselm, after which having settled his Affairs there, sending before him the Duke and Earl of Mortain in safe Custody, he returned into England a while after. [9.] Malms. f. 89. a. n. 30. This Battle was fought the day before Michaelmass-day. In the [1.] Ord. Vit. f. 822. A. A great Council called in Normandy. middle of October the King came to Lisieux, Convened all the Optimates, or Chief Men of Normandy, and held a most profitable Council for the Church of God, wherein he Decreed by Royal Sanction, That there should be firm Peace kept throughout all the parts of Normandy; That all Rapacities, Robberies, and forcible Entries, and Warlike Invasions upon Estates being suppressed, all Churches might enjoy their Possessions, as they did the day his Father died; and that other Lawful Heirs might possess theirs. He took into his own possession all his Father's Lands, and Lordships which his Brother had squandered away, King Henry reassumes all his Father's Lands in Normandy. and by the Judgement of Wise Men he made those Gifts void, which by imprudence had been bestowed upon ungrateful Persons. He sent his Prisoners taken in the Battle into England, and kept William Earl of Mortain, and Robert de Stoteville in perpetual Prison, and some others, being inflexible, notwithstanding he was importuned by Petitions, Promises, and great Offers, yet could not be softened into a yielding temper. Mat. Paris [2.] Fol. 61. n. 40. writes, That King Henry passed over into Normandy with design to fight against his Brother the Duke in the year 1105. and Conquered Caen and Bayeux by the Assistance of the Earl of Anjou (he should have said Main) and many other Castles; and that most of the Principes or chief Men of Normandy yielded themselves to him. But in the [3.] Ibidem, n. 50. same year he returned into England to recruit his Army, that he might go back with a greater force. In the year 1106. [4.] Ibidem. Robert Duke of Normandy came to his Brother at Northampton, requesting he might be restored to his Grace and Favour; But God (says the Monk) consented not to an Accord between them, yet Henry was smitten with the sense of a Cauterised Conscience in obtaining the Kingdom, and began within himself to fear an Insurrection, as it had been privately told him, and the fulmination of God's Judgements against him, [5.] Ibid. fol. 62. lin. 4. because he had usurped upon his elder Brother, who had manifest Right to the Kingdom, which he had too unjustly taken from him. But fearing Men more than God, he first bond the Noblemen to him by crafty Speeches, and subtle Promises, which in the end he * Ibid. n. 20. impudently violated. [6.] Ibidem. lin. 6. Robert de Belism escaped from the Battle. Thinking afterwards by the Foundation of an Abbey to satisfy God for so great a Crime. And then follows a confused Story of the Preparation to, and Battle itself before mentioned. From which Robert de Belism the King's Mortal Enemy escaped by flight, [7.] Ord. fol. 822. B. And would have brought the Earl of Main from the King. and endeavoured to bring Elias Earl of Main off from the King, by whose help he designed to restore Duke Robert again; but finding him not to be drawn off, [8.] Ibidem, fol. 823. A. he then used him as a means to make his Peace with the King, Robert de Belism is restored to his Paternal Inheritance. which was granted, and he was restored to Argenton Castle in the Bishopric of Seez, and all that was his Paternal Inheritance. It fared not so well with Robert de Monteforti, [9.] Ibid. C. An. Do. 1107. for King Henry called together his Proceres or great Men, and impleaded him for breach of Faith, having favoured the Duke's Title; whereupon knowing himself guilty, he got leave to go to Jerusalem, and left all his Lands to the King. And having thus subdued Normandy [1.] Ibidem, fol. 831. D. An. Do. 1107. A great Council in Normandy. by War, he often called the Magistrates or Governors of the People to Court, and both with fair words and threats moved them to behave themselves as they ought to do. In the Month of January there was a Convention of the Proceres or Noblemen before the King, and in [2.] Ibidem, fol. 832. A. Another in which many necessary Laws were made. March he held a Council at Lisieux, and made necessary Laws to govern the People under him, by the Consultation of the Magnates or great Men. And by his Royal Power having allayed the Tempests, he easily kept Normandy in subjection. [3.] Ibidem, fol. 833. B. King Henry returns to England. And thus prudently disposing the Affairs of that Country, he went into England. Where by the [4.] Eadm. f. 49. n. 10, 20. He redresseth many evil Practices there. And punisheth them, by pulling out of Eyes, cutting off Hands and Feet, etc. Advice of Archbishop Anselm and the Proceres or Noblemen of the Kingdom, he redressed several evil Practices, and began with his Court first. It was usual in the time of his Brother, that the Multitude which followed the Court, committed waist and spoil wherever they came without control; and behaved themselves rudely towards the Wives and Daughters of the Country Men and others, so as they fled from their Habitations upon the approach of the Court; For Remedy whereof, he Ordained by public Edict, That whoever was proved guilty of any of these Practices, should have his Eyes pulled out, or his Hands, Peer, or other Members cut off. Which piece of Justice being executed in some, deterred others from the like Offences. He [5.] Ibidem, n. 30, 40. Coiners of false Money to have their Eyes pulled out, etc. also took notice what a great Grievance false and corrupt Money was to the Nation, and Decreed, That every one (without Redemption) that Coined false Money, should have his Eyes pulled out, or be Emasculated. Henry [6.] Ord. Vit. fol. 837. D. An▪ Do. 1108. Henry endeavours to get William the Son of Duke Robert into his Custody. thus Established in the Dukedom of Normandy, and having his Brother Robert Prisoner in England, by Advice of his Privadoes, Commanded his Son William (whom he had for his Education committed to the Care of Elias de Sancto Sidonio) should be taken into Custody, and appointed Robert Beauthamp Viscount of Arches to do it; when he came to the Castle of Elias, the young Prince had made his escape, whereupon he seized the Castle to the King's use, who gave it to William de Warrenna. [7.] Ibidem, fol. 838. A. His Tutor Elias carried him through many Countries, and show to many Persons the Elegancy of his Person, and Excellency of his Parts, moving the Affections and Compassion of all toward him. Many of the Normans favoured him, and wished he were in possession of the Dukedom, by which they offended the King, and rendered themselves suspected to him. Especially [8.] Ibidem. Robert de Belism, who thinking upon the Affection and Kindness he had for the Duke, and what Power he enjoyed under him above the greatest of the Normans, Endeavours to set up William Son to Duke Robert. endeavoured what he could to set up his Banished Son. [9.] Ibid. B▪ Robert and Elias consulted about this Affair, and solicited Lewis King of France, William Duke of Poictou, Henry Duke of Burgundy, and Alan Prince of Britain, and other powerful Governors of Countries to afford him Assistance. At length [1.] Ibidem. Fulke Duke of Anjou * Gemet. lib. 8. C. 34. B. who had Married the Daughter and Heir of Elias Earl of Main, promised him his Daughter Sibyl, and with her the Earldom of Main, and for a while gave him great encouragement. But King Henry by Craft and Industry, by fair words, Threats, and Bribery, broke off the Match. He also sent subtle Disputants, that moved Controversies about their Consanguinity, for which it was determined, That by the Christian Law they ought not be joined together, [2.] Ibidem for Richard Duke of Normandy begot Robert, and Robert William the Bastard, who begot Robert the Father of Prince William: and Robert Archbishop of Roven, and Earl of Eureux, and Brother of Duke Richard begot Richard Earl of Eureux, and Richard Agnes the Wife of Simon, which was Mother to Bertrade, the Mother of Fulke, the Father of Sibyl; Thus by the discovery of the Parentage of William and Sibyl the long desired Marriage was frustrated. Almeric de Monteforti, or Earl of Montfort, Son of Simon who Married Agnes, [3.] Gemet. l. 8. c. 17. Script. Norm. f. 1092. Ord. f. 843. B. Sister and Heir to William Earl of Eureux, [4.] Ibidem, f. 834. who died without Issue, after the death of his Uncle, was Heir to that Earldom; but having displeased the King, he took it from him into his own possession, for which reason, so soon as he had opportunity, he thought to revenge himself upon him, and [5.] Ibidem, 840. D. instigated Fulke Earl of Anjou, his Nephew [6.] Gemet. lib. 8. C. 38. by his Sister Bertrade, who was then grown considerable by the accession of the Earldom of Main, by the [7.] Orderic. ut supra. War against Normandy. Anno Domini 1112, or 1113. Daughter and Heir of Elias, to make War upon Normandy, and implored the help of the King of France. By the good Management, Wealth, and Force of Henry, his Enemies were soon broken, and their designs frustrated, together with the Concurrence of his Nephew Tedbald Earl of Blois, who at that time made War upon the King of France, and gave him a Diversion. Robert de Belism King Henry's constant Enemy [8.] Ibidem, fol. 844. A. Robert de Belism impeached. was in this Design with the Earl of Anjou, and fell into the King's hands, and on the Fourth of November was impeached of breach of Faith, for not appearing in Court, being thrice called, for not yielding an account of the King's Rents in the Viscounty of Argemon and Hiesmes, and what belonged to Falais as the King's Viscount, or Sheriff, And imprisoned by Judgement of the King's Court. and Officer, and for other Crimes which he could not deny; for which he was by the just Judgement of the King's Court committed close Prisoner. [9.] Ibid. B. Presently after the King besieged, and took in Alencon. This War [1.] Ibidem. The Earl of Anjou submits to the King, does him Homage, and receives from him the Earldom of Main▪ continued not long, for in the first week of Lent, Fulke Earl of Anjou came into the Territory of Alencon, and Swore Fealty to King Henry, did him Homage, and received from him the Earldom of Main, and gave his Daughter to Prince William the King's Son, and the King gave him the Earldom of Eureux, yet received into favour Almeric de Monteforti, whose by right it was, and William Crispin, who had done much against him. This being done, [2.] Ibid. C. Peace between the Kings of England and France. the two Kings of England and France came together at guysor's, and struck up a Peace; Then Lewis gave to King Henry Belism, the Earldom of Main, and all Britain, for which Fergan Duke of the Britan's did him Homage; and the King promised his Daughter to Conan his Son; and now it was (according to * Fol. 90. b. n. 10. Prince William does Homage to the King of France for Normandy. Malmsbury) that Prince William did Homage to the King of France for Normandy, acknowledging he was to hold that Province of him by Lawful Right. Notwithstanding [3.] Ibid. D. these Renditions and great Submissions made to King Henry, yet Hameric de Villery and other Proceres, or great Tenants of the Honour, or Earldom of Belism, to whom William Talvane the Son of Robert de Belism had committed the guard of that place while he went to secure his Earldom of (e) His Father [9.] Script. Nor. f. 1093. Gemet. lib. 8. c. 35. Robert Married Agnes Daughter and Heir to Wido Earl of Pantheu. Pontheu, trusting to the Strength of it, and multitude of Dependants, prepared to resist him. Henry drew together the Army of all Normandy, and besieged the Town on the First of May, and beyond expectation Tedbald Earl of Blois, Fulke of Anjou, (f) He was also Earl of [1.] Gemet. lib. 8. c. 29. etc. 35. Perch, and Married Maude a Natural Daughter of King Henry, to whom, after he took it, he gave the Town of Belism and the Territory belonging to it. Rotro Earl of Mortain in Perche, and other famous Optimates or Worthies came with Aid to the Normans, invested the Town, and within three days took it by Assault. [4.] Ibidem, fol. 842. A. King Henry made a complete Conquest of Normandy. Thus King Henry Conquered Normandy, and having made firm Peace with all his Neighbours, came back into England, and governed both Kingdom and Dukedom in great Tranquillity for five years. [5.] Flor. Wig. fol. 656. Anno Domini 1113. He landed in England in the Month of July, and brought with him Robert de Belism who was kept Prisoner at Warham. King Henry had many Expeditions against the Welsh, always prone to Rebellion, (or rather to assert their own Liberties) and with the following Contrivance much diverted their Incursions into England. [6.] Malms. fol. 89. n. 20, 30, 40. Flor. Wig. fol. 656. An. Do. 1114. He removes the Flemings into Wales. There were many Flemings come over into England, besides what came over with the Conqueror, in the time, and by the favour of this King's Mother, Queen Maude, Daughter to the Earl of Flanders, and so many as they became burdensome to the Nation; These he transported into Wales with their Goods and Families, and gave them the Country of Ross (where to this day they speak a different Language from the Welsh) which is the best part of Pembrokeshire for their Habitation, that he might both clear his Kingdom of them, To check the Insurrections of the Welsh. and that they might check the fury and Insurrections of the Welsh. Yet this contrivance he thought not a sufficient security against them, but demanded and received as Hostages the Sons of their Nobility, and besides they were forced to purchase his favour with a Tribute of some Money, and much Cattle. After these Successes he [7.] Ibidem, fol. 657. An. Do. 1116. caused the Optimates or Earls, and Barons of all England▪ to meet at Salisbury on the Nineteenth day of March, and in his presence to do Homage and Swear Fealty to his Son William. Eadmer [1.] Fol. 117. n. 30, 40. A great meeting at Salisbury. The Laymen readily Swear Fealty, and do Homage to Prince William. The Bishops make fair Promises. says, That the King by Edict commanded a meeting of the Bishops, Abbats, and Principes, or chief Men of the Kingdom at Salisbury, on the Twentieth of March, that he might make his Son William Heir of the Kingdom, and secure the Title to him. The Princes▪ or Chief Laymen knowing the King's mind, readily did Homage, and Swear Fealty to him. The Archbishop of Canterbury and other Bishops and Abbats Swore, That if he should outlive his Father, they would (laying aside all claims whatsoever) put him in possession of the Crown and Kingdom, and that when he should be King they would faithfully do him Homage. Malmsbury [2.] F. 93. a. n. 30, 40. All the Military Tenants in England compelled to do Homage to Prince William. declareth this Transaction more fully, affirming, That all the Freemen of England and Normandy, of whatsoever Order or Dignity, or to what Lord soever they were Vassals or Tenants, were compelled to do Homage, and Swear Fealty to William the Son of King Henry, and Queen Maude. She died the [3.] Ord. fol. 843. B. Anno Domini 1118. First of May and was buried at Westminster, and on the Ninth of June following died [4.] Ibidem. Robert Earl of Mellent King Henry's great Counsellor. It is said before, that Almeric de Monteforti was Sister's Son and Heir to William Earl of Eureux, who now again demands [5.] Ibid. C. A new War in Normandy, many Noblemen Conspire to set up William Son to Duke Robert. of the King that Earldom, which he utterly denied to grant him, by the Advice of Audin Bishop of that City; He therefore took Arms against the King, and excited almost all France to do the like. The Governor of Eureux, William Pointel, delivered the City to him, and the Bishop with his Clerks and Vassals were forced to flee from thence. There joined with him Robert de Gournay, Stephen Earl of Albamarle, Eustachius of Breteul, Richard de Aquila, Robert de Newburgh, and many others who risen up against Henry, and endeavoured to Establish William the Son of Duke Robert in his Father's Estate. [6.] Ibid. D. With these also joined Baldwin Earl of Flanders, who entered that part of Normandy called Tellau, and burned many Towns, of whose Flames the King and his Normans were Spectators; he fortified Bures, and because he suspected most of the Normans, he put a great Garrison of Stipendiary Britan's and English into it. Baldwin comes before it, provokes the Garrison to fight, where he was wounded, and some time after died of his Wounds and without Issue. They [7.] Ib. f. 844. D. 845. C. received likewise Assistance from the King of France, and Duke of Anjou; on both sides they plundered the Country, took and burnt Castles and Towns. On the Nones [8.] Ibid. fol. 846. B. C. A great Council at Roven. or Fifth of October there was a Council summoned at Roven, there King Henry Treated of the Peace of the Kingdom, with Ralph Archbishop of Canterbury, and the other Barons he had called together. There Geofry Archbishop of Roven spoke about the State of the Church, with his four Suffragan Bishops, Richard of Baieux, John of Lisieux, Turgis of Auranches, and Roger of Constance, and with many Abbats. Serlo Bishop of Seez was not at this Council, being excused by reason of his Age and Infirmity; and Audin Bishop of Eureux excused himself, as being employed against the Common Enemies of the Country. The War still continued in [9.] Ibid. fol. 848. B. C. The War continues in Normandy. Normandy, and every day almost brought the King news of some considerable Norman or Castellan revolting from him, amongst whom Eustachius de Breteul, an Illegitimate Son of William Earl of that place, was one, who had Married Julian one of King Henry's Natural Daughters: he demanded great things of his Father in Law, and because he would not grant them, he fortified four Castles against him. [1.] Ibid. fol. 850. A. Anno Domini 1119. Yet some repenting of what they had done, came and submitted to the King, and made their Peace with him. The first was Robert Son of Ascelin Goell, whose example many followed. The King sent to Almaric, offered him his Earldom of Eureux, and invited him to accept of his favour, but he refused it. [2.] Ibid. fol. 851. A. The Adherents to King Henry were English Barons of Norman Extraction. The Optimates or great Men which faithfully adhered to the King were Richard Earl of Chester, Ralph de Conches, William de Warrenna, William de Rolmara, William de Tancardi-villa, Ralph de Sancto Victore, Walter Giffart, Nigell de Albiney, and his Brother William, and the Sons of Robert Earl of Mellent, Waleran, and Robert. In the Month of [3.] Ibid. B. Peace concluded, Prince William Marries the Earl of Anjou's Daughter. May this year Prince William came from England into Normandy, much to the joy of his Father, who sent Mediators for Peace to Fulke Earl of Anjou, and invited him kindly to his Court after the Peace was concluded between them; And in the Month of June [4.] Ibid. C. the Prince was Married at Lisieux to the Earls Daughter, and then the King by the Mediation of the Earl, received into favour William Talvace, the Son of Robert de Belism, and restored to him all his Father's Estate in Normandy. After this [5.] Ibid. D. King Henry burns the Towns and Castles of his Enemies. Henry marched up and down Normandy to revenge himself upon his Enemies, and burned their Castles and Towns; He besieged Eureux, and after he had [6.] Ibid. fol. 852. B. C. burnt that Town and the Cathedral, took it. While both Fire and Sword raged in the bowels of Normandy, the King of France invaded it [7.] Ibid. fol. 853. C. The King of France invades Normandy. on that side toward France, and came as far as Audely upon the River Seyn, and wished he could meet the King of England in the open Field, who hearing of it, gave him his desire, and marching towards him, came into the Plain of [8.] Ibid. fol. 854. A. The Battle of Brenivill. Brenivill near the Mountain Guarclive with 500 Horse, amongst whom were the Kings two Natural Sons, Robert and Richard, excellent Soldiers, and three Earls, Henry of Ou, William de Warrenna, and Walter Giffard, and many others of great Note; Edward of Salisbury carried the Banner. [9.] Ibidem, B. C. D. Lewis of France seeing what he had long wished for, drew out 400 Horse, and amongst them was William Duke Robert's Son engaged, that he might deliver his Father from Prison, and recover his ancient Inheritance. There were also Matthew Earl of Beaumond, Guido Earl of Clarmont, Otmond de Chaumont, William de Guarlanda General of France, Peter de Manley, Philip de Mont-Bray, Burchard de Montmorency, Baldric de Bray, William Crispin, The French are beaten. and many other Normans. They join Battle, the French are beaten, and lose 140 Horse, Guido Otmund, Burchard and William Crispin were taken; [1.] Ibid. fol. 855. A. The King of France was alone, and lost in a Wood, from whence a Country Man conveyed him to Audeley, whether the remains of his routed Army was retired. In this Battle were [2.] Ibidem. fol. 884. D. But 900 Horsemen on both sides. but 900 Milites or Horsemen on both sides, (unless perhaps there might be so many Milites besides their Retinue) and they accounted a great number, whereof only three were killed, for they were so Clothed with Iron, as they could scarce be in danger. [3.] Ibidem. fol. 885. B. King Lewis his Standard was here taken, and King Henry bought it of him that took it for 20 Marks, which he kept as a token of the Victory; His Horse also was taken, which was sent back next day, with his Saddle, Bridle, and whole Furniture; And Prince William sent likewise his Cousin William the Son of Duke Robert, his Horse which he had lost, with many other Gifts. When King Lewis [4.] Ibid. D. Almeric de Monteforti persuades King Lewis to raise a new Army. returned to Paris, Almeric de Monteforti, who was not in this Fight, came to Visit and Comfort him, being much dejected at his ill fortune; in their Discourse he encouraged him to attack his Enemies again, and advised him to send to the Bishops, Earls, and other great Persons of the Kingdom, and then the Priests with their Parochians, by the Bishop's Directions, would go with him whether he should Command them; that so by a common Army he might take revenge upon his public Enemies; and promised the utmost of his own and his Friend's Assistance. [5.] Ibidem, fol. 886. A. The King being well pleased followed his Advice, and forthwith sent his Edict to the Bishops, who readily obeyed it, and Anathematised the Priests and Parishioners of their several Dioceses, if they went not with the King, at the time he should appoint, with their whole Strength against the Rebellious Normans. They came from Burgundy, [6.] Ibidem, B. C. Berry, Paris, the Countries of Orleans, Vermandois, Beavais, Laudun, and le Estamps, and other places, as Wolves to their Prey, and committed strange Outrages in their March, which the Bishops permitted out of hatred to the Normans. To these the King joined an Army which he gathered from Noyon, and the Isle, from Tournay, and Arras, from Gournay, and Clermont, and from all the Provinces of France, and Flanders, The French besiege Breteul. that he might restore to their ancient Honours all such as were in exile for the sake of William the Son of Duke Robert. With this Army he laid Siege to Brettevill or Breteul, which is in the heart of Normandy; The Governor of this place was Ralph de Guader a Britain, The Valour of Ralph de Guader Governor of Breteul. who valiantly sallied out upon, and fought with them, and commanded all the Gates of the Castle to be opened, but none could enter; such was the courage of the Defendants: At three of the Gates there was a sharp and obstinate Conflict, and many sell on both sides. King Henry so soon as he heard [7.] Ibidem, C. D. the French were returned into Normandy, sent his Son Richard with a Supply of 200 Milites or Horse, to Ralph de Guader, which being discovered, the courage of the Assailants began to fail them; The brave Governor went from Gate to Gate to encourage and aid his Soldiers, and often changed his Armour, that he might not be known. The King followed his Son, and those he had sent before with a great Army, and resolved to fight the great Body of the French. But they despairing of taking the Town, were forced to return into France, The French march home. carrying back nothing besides plundered Goods, but Ignominy and Blows. [8.] Ibidem, fol. 857. A. William de Chaumont the King of France his Son in Law, and other haughty Soldiers, much moved at their ill success before Breteul, in their march home set upon the Castle of Tiliers, where Gilbert the Cast●llan suddenly sallied out upon them, and took William Prisoner, for whose Redemption he had 200 Marks of Silver. Others also of his Company he surprised, and the rest fled with disgrace. Upon this success [9.] Ibidem, B. C. Richer de Aquila a great Baron submitted to the King, and by the Mediation of his Uncle Rotro Earl of Perch, obtained his Father's Estate both in England and Normandy. The Castellans of Gloz and Lyre followed his Example, made their Peace, and delivered them up to King Henry. In the midst of [1.] Ibid. D. An. Do. 1119. October (g) This Pope was [2.] Orderic. f. 848. A. Guido Archbishop of Vienne in Dauphin, seated upon the River Rhone, a Frenchman, and chosen the Second of February than last passed: he was Son to William Duke of Burgundy, whose Mother was Alice Daughter of Richard the Second Duke of Normandy. Calixtus the Pope, with the Roman (h) By the Roman Senate Ordericus means * Ibidem. the College of Cardinals, many of whom he names, and says it was their special Prerogative to choose and Consecrate the Pope. Senate came to Rheims, stayed there fifteen days, and held a Council. There were fifteen Arch-Bishops, and more than two hundred Bishops, An Ecclesiastical Council at Rheims. with many Abbats and Dignified Men of the Church, for by the Pope's Command they were called out of Italy, Germany, France, Spain, Britain, and England, the Isles of the Ocean, and all the Western Provinces. [3.] Ibidem. King Henry's Prohibition and Directions to his Bishops in this Council. The King of England indeed permitted the Bishops of his Kingdom to go to the Synod, but did altogether prohibit them to make any Complaints of any sort whatever, telling them he would do every one that complained, Right in his own Land. [4.] Ibid. fol. 858. A. That he paid yearly the Revenue those that had gone before him, had granted to the Roman Church; And yet, says he, I hold the Privileges, in like manner acknowledged due to me in ancient times, declaring the further Liberty he gave them, in these words, Go ye, salute the Pope in my name, and only hear his Apostolical Precepts, but bring none of his new Inventions into my Kingdom. In this Council the King of France accompanied with his [5.] Ibidem, C. D. The King of France in this Council complains of the King of England. Barons came, and made his Complaint against King Henry, That he was his Confederate, and yet committed many Spoils and Rapines upon his Subjects; That he violently invaded Normandy that was a Fee of his Kingdom; That against all Law and Right he detestably Treated Robert Duke of Normandy, that was his Vassal, and Henry's Lord and Brother; That he had taken, and a long time detained him in Prison; And behold (says he) William the Son of the Duke, who I present here before you, he hath utterly disinherited, and banished. By Bishops and Earls I have required him to deliver me the Captive Duke, but could not obtain my desire. I sent Robert de Belism to him on several Messages, he secured him in his Court, cast him into Bonds, and yet keeps him Prisoner. Earl Tedbald is my Vassal, and yet by the instigation of his Uncle he riseth up against me, and being inflated by his Power and Riches, Rebelled, and made grievous War against me and my Kingdom; and much more to this purpose. [6.] Ibidem, fol. 859. B. All the French Clergy in this Council justified what he said, yet Geoffrey Archbishop of Roven, and all the Norman Bishops and Abbats risen up to make his defence and excuse him, but could not be heard. In this Juncture [7.] Ibid. fol. 863. C. D. Tedbald Earl of Blois reconciles the Noble Normans to King Henry. Tedbald Earl of Blois the King's Nephew made it his business, to reconcile all dissenting Persons to the King, and brought to him Almaric de Montfort, who was received into his favour, and restored to the whole Earldom of his Uncle. William Eustachius also, and Julian his Wife, the King's Natural Daughter, were at that time restored to his Grace, and their Lands, except Breteul, which for his faithful Service the King had given to his Kinsman Ralph de Guader, in recompense whereof he gave him yearly 200 Marks of Silver in England. Hugh de Gournay, and Robert de Newburgh, with the rest of King Henry's Enemies came in, and were graciously received. Only Stephen Earl of Albamarle stood out, who seeing the King coming against him with an Army, by Advice of his Friends, humbly satisfied him, and thereupon to his own satisfaction was pardoned. When this Council was ended, in [8.] Ibid. fol. 864. D. 865. A. B. The Pope moves King Henry to restore his Brother Robert and his Son. November following the Pope came into Normandy, and met King Henry at guysor's to Treat of Peace. He told him by the Law of God every Man ought to enjoy his Right, and that it was his Desire and the Request of the Council, that he should free Robert his Brother from his Bonds, and restore him and his Son William to the Dukedom. He [9.] Ibidem, C. D. His Answer to the Pope. Answers the Pope, that he did not take the Dukedom from his Brother, but only secured his Father's Inheritance, which was given away to Dissolute Men, Thiefs, and Robbers; That he was called into Normandy by the Bishops, Clergy, and Religious, to prevent the desolation of the Church, and that what he did, was not out of choice, but by compulsion, and invitation, The Pope satisfied with his Answer. to preserve the Country from desolation and ruin; With this Answer (which was the same the Norman Bishops would have given in the Council to the King of France) the [1.] Ibidem, fol. 866. B. Pope was satisfied, and approved what he had done, and said he had heard enough of the Duke and his Son. And so leaving them to shift for themselves, his next. [2.] Ibid. fol. 866. B. C D. The Pope makes Peace between the Kings of France and England. work was to strike up a Peace between the two Kings, which was suddenly accomplished, without the least cavil, exception, or difficulty, all Castles and Strong Holds taken in the time of War being mutually delivered, and Prisoners on both sides set at liberty. The War being [3.] Ibidem, fol. 867. C. King Henry comes for England. ended, and things well settled in Normandy, King Henry commanded a Fleet to be prepared, and many Military Men of all sorts that had served him well and faithfully, to accompany him into England; where he intended to bestow on some large Rewards, and to raise others to great Honours. At this time Ralph de Guader, who had the Town of Montfort, and other Towns and great Possessions in Britain, upon the King's consent and good will, offered his Daughter in Marriage to his Natural Son Richard, and with her the Towns and Castles of Breteul, Gloz, and Lyre, and his whole Honour in Normandy. Which intended Marriage was never completed. When the Fleet [4.] Ibid. D. was ready in the Port of Bartaflot, now Barfleur, the King with a noble splendid Train, the Wind at South, set Sail on the Twenty fifth of November in the Evening, and landed in England next Morning. His Sons William and Richard had not the same good fortune, for being in another Vessel, called the White Ship, whereof one Thomas Fitz-Stephen was Captain or Master, ( [5.] Ibidem. fol 668. A. Prince William, etc. with 300 Persons drowned. who pretended to hold his Place or Office in Fee) both Master and Mariners had got too much Wine in their Heads, and striving to be the foremost Ship in the Fleet, run upon a Rock and split the Ship, so as she presently sunk with near 300 Persons in her. [6.] Ibidem, f. 870. A. B. Amongst whom were, as before noted, Prince William, his half Brother Richard, and his half Sister Maude, the Wife of Rotro Earl of Mortain in Perch, Richard Earl of Chester, and many of the young Nobility, who chose that Ship for the Company sake. The King [7.] Ibidem, fol. 871. A. distributed the Honours and Estates of such as perished in this Shipwreck very providently, for he Married their Widows, Daughters, and Nieces to his Courtiers and Soldiers, and gave with them their Patrimonies. King Henry [8.] Ibidem, A. D. 1120. having lost his Wife and Son, by the Counsel of his Wise Men, resolved to Marry, and chose for his Wife Alice the fair Daughter of Godfrey Duke of Louvain: She continued his Queen fifteen years, but never bore him any Children. Many [9.] Ibidem, f. 875. C.D. An. Do. 1122. A new Contrivance against King Henry. observing that King Henry had no Issue Male, looked towards William, Duke Robert's Son, and endeavoured to set him up; Amongst whom was Gualeran and Robert the Sons of Robert Earl of Mellent, who had been Educated in the King's Court, and used as tenderly as his own Children, and were both Knighted by him. Gualeran besides his Father's Estate, the Earldom of Mellent in France, had Beaumond and the Patrimony belonging to it in Normandy. His Brother Robert had the Earldom of Leicester in England, to whom the King gave Amicia the Daughter of Ralph de Guader, which had been Contracted to his Son Richard, and Breteul in Normandy, with all the Estate appertaining to that. Others of the [1.] Ibid. fol. 876. A. B. C. The Confederates. Confederacy were Almaric de Monteforti Earl of Eureux, the King's perpetual Foe, Hugo de Monteforti, Hugo de Novo-Castello, or Newcastle, William Lupell, Baldric de Braye, and Pagan de guysor's, etc. who met in September, and entered into a general Conspiracy. The King [2.] Ibid. D. An. Do. 1122. Civil War in Normandy. understood their Designs, and in October summoned together a great Force at Roven, and on Sunday after Dinner marched from thence, no Man knowing his Resolution, or whether he intended to go; for about two years [3.] Ibid. fol. 877, 878, 879. both Parties burnt and harassed the Country, took one another's Towns and Castles. At length [4.] Ibid. fol. 880. A.B.C. An. Do. 1124. A Battle between King Henry and the Normans. The Normans beaten that appeared for Prince William. on the Twenty sixth of March they came to a Battle, where Earl Walteran, Hugh de Montfort, and Hugh of Newcastle, his two Brothers in Law, and Eighty other Knights or Tenants in Military Service were taken; William de Grandcort, Son of William Earl of Ou, took Almaric flying from the Fight, but fearing the King's severity towards him, left the King with whom he was engaged, and his Estate, and conveyed him to Beaumond, and went and lived with him an Exile in France. After Easter the [5.] Ibid. D. fol. 881. D. King brought to Judgement at Roven some of the guilty Persons; Geoffrey de Torvill, and Odard de Pine, had their Eyes pulled out for Perjury, and Luke de Barre had the same punishment for making scurrilous Songs of the King, and Singing them. The Earl of Mellent, and his two Brothers in Law were sent Prisoners into England; [6.] Ibidem, 882. A. They submit and make their Peace with King Henry. Most of the Confederates not long after submitted, Almeric, Lupell, and others the King's Enemies procured his Peace, and when they could not help Exiled William, they unwillingly deserted him, yet obtained their Pardons and Estates again, having first given due satisfaction. In the [7.] Malms. Hist. Novel. fol. 99 a. n. 10, 20, 30, 40, 50. King Henry sends into Germany for his Daughter Maude the Empress. year 1126. the Emperor Henry the Fourth died, of which so soon as the King heard, he sent into Germany for his Daughter, whom the Germans would have had Reign over them, but the King having an intention to Marry her to the Duke of Anjou, Tourain, and Main, they lying convenient for a conjunction to Normandy, would not permit her to stay. When [8.] Ord. Vit. f. 884. C. D. An. Do. 11●7. Prince William Married to the Queen of France her Sister. He claims Normandy. all these Designs failed in restoring Robert the Father, and advancing William the Son, Lewis King of France still protected the young Man, and by the procurement of Alice his Queen, he was Married to her Sister, and the King gave him Pontois, Chaumont, and Mant, and all that Country now called Veuxin Francois. This was done in January, and before Lent he came with some force to guysor's, and claimed Normandy, but the Normans were afraid to receive him as their Natural Lord. It happened that on the First of [9.] Ibid. D. f. 885, 886. A. An. Do 1127. Gemet. lib. 8. cap. 14. He is made Earl of Flanders. March following, Charles of Denmark Earl of Flanders was Murdered, and Lewis King of France gave unto this William that Earldom, in right of his Grandmother Maude Queen of England, and he restored to the King all the Towns and the Country of Veuxin which he had given him in France. There were many Pretenders to the Right of this Earldom, as William Earl of Ipre, Theoderic Earl of Ou, and Baldwin of Haynault. William's carriage and behaviour towards the Flemings was more cruel and harsh than they expected, and therefore they set up Theoderic against him, to whom many Towns revolted, and amongst them Alost, which William besieged, and beat the Forces of Theoderic that came to relieve it; but that very day before the Castle, Is slain before Alost Castle. he was with a Lance thrust under the Ball of the Thumb into the Wrist, of which Wound he died within five days, and according to [1.] Lib. 8. c. 16. G●meticensis, his death happened on the Twenty seventh of July 1128. he died without Issue, as also did [2.] Ord. Vit. f. 780. D. 781. A. Richard and William, two Natural Sons of Duke Robert, by a beautiful young Harlot of an old Priest; Richard was Shot with an Arrow in New-Forest, and died of his Wounds, and William after his Father was taken at Tenerchebray went into the Holy Land, and there was slain, The Issue of Duke Robert extinct. both dying unmarried, and in them the Issue of Robert was extinct. This year the King brought his Daughter into England, Maude the Empress arrives in England. in the Month of September; At Christmas he called together at London a great number of the Clergy and Optimates, or chief Men of the Nation, and gave the Earldom of Shrewsbury to his Queen; and fearing she would bear him no Children, he bethought himself of a Successor to the Kingdom, and in the same Council caused all the Optimates of England, The great Men of England Swear to make her Queen after her Father's death. the Bishops and Abbats to Swear, That if he should die without Issue Male, they would receive his Daughter Maude the Empress for their Queen, having first told them what a great misfortune to the Nation the death of his Sons was, and now that his Daughter was his only Lawful Successor. The first that Swore was William Archbishop of Canterbury, next the Bishops, and then the Abbats. The first Layman that Swore was [3.] Malms. Hist. Nou. f. 99 b. n. 10. David King of Scots, the next Stephen Earl of Mortain and Bologn, King Henry's Nephew, by his Sister Adala; then Robert Duke of Gloucester, between whom and Stephen there was great emulation which should Swear first. All thus bound by Faith and Oath, the Council was dissolved. An. Do. 1128. She is Married to the Earl of Anjou's Son. After Whitsuntide he sent his Daughter into Normandy, that she might be betrothed to the Son of Fulke Earl of Anjou, by the Archbishop of Roven, and followed himself to see them Married, and [4.] Ibidem, n. 20. returned again that very year. The Norman Monk placeth this [5.] Orderic. fol. 889. A. Marriage in the year following, and says that Turgis Bishop of Auranches Married them. In the [6.] Malms. f. 99 b. n. 30. f. 100 a. n. 30. Thirtieth year of his Reign the King passed into Normandy, and met Pope Innocent at Chartres, and there acknowledged him for Pope, notwithstanding he was shut out of Rome, and Anacletus possessed of that Seat; and then at Roven he and his great Men made him many Presents. The next [7.] Ib. n. 40. An. Do. 1131. year he returned into England, and with him his Daughter the Empress; and in a great Convention of the Nobility at Northampton, such as had Sworn Fealty to her before, renewed their Oaths, and such as before were not Sworn, did then by Oath bind themselves unto her. The year following [8.] Ibidem, b. n. 10. Duke Robert dies. on the Fifth of August he passed again into Normandy, and never came more into England. He continued there three years [9.] Orderic. f. 89●. D. Contin. ad Florent. f. 665. An. Do. 1134. and about four Months, and in the mean time his Brother Robert died on the Tenth of February in the Castle of Cardif in Wales, after he had been Prisoner Twenty eight years, and was buried in St. Peter's Church in Gloucester. In the [1.] Ord. fol. 900. B. C. D. An. Do. 1135. Geoffrey Duke of Anjou disturbs King Henry. last year of his Reign, hearing strange news of the Insurrections of the Welsh, he thrice endeavoured with a choice number of Bowmen and others to come for England, but was diverted by his Son in Law Geofry (i) When his Father in Law Fulke was made King of Jerusalem and Prince of Antioch, he gave to him Anjou, and all his Territories in France. Duke of Anjou; who affected the great Treasures of his Father in Law, and demanded Normandy, affirming that was the Agreement he made with him when he Married his Daughter. He despised the King's Admonitions and Advice, and so far provoked him, that he had thought of taking his Daughter from him, and carrying her into England. He besieged Roscelin Viscount of Beaumond in Man's, Son in Law to the King, and burned that Town down to the ground. This was the Origin of great Dissensions in Normandy, and William Talvace, Talvace and Toeny Incendiaries. King Henry keeps them in awe. and Roger de Toeny or Todeny were suspected to be the chief Incendiaries in these Broils. The King placed a good Garrison in the Town of Conches that was Todeney's chief Strength, which kept him quiet. Talvace, he often summoned to his Court, who refused to come, whereupon he seized all his Lands; And thus deprived of all his Honours, he went to the Earl of Anjou, and lived in his Country. The King from the beginning of August till the Feast of All-Saints went about, and viewed the Country of Seez, and took into his possession Alencon and Almenesche, and other Castles belonging to Talvace. On the [2.] Ibid. fol. 901. B. C. Twenty fifth of November he came to Lion's Castle, and ordered his Huntsmen to Hunt in that Forest the day following, but that night he fell sick, and died the First of December, King Henry dies. being Sunday. His Body was brought into England, and buried in the Monastery of Reading. He order all Exiles to be restored, pardons all Mulcts and Forfeitures. Before his death he ordered that all Forfeitures or Mulcts should be forgiven, all Exiles restored to their Country, and that all Men whose Estates had been seized should enjoy them again. He directed also his Son Robert, who had the Custody of his Treasure at Falais, that he should distribute 60000 l. amongst his Servants and Stipendiary Knights or Horsemen. The noise of his Sickness drew the Noblemen about him, and there were present [3.] Ibidem. five Earls, Robert of Gloucester, William de Warrenna, Rotro Earl of Mortain in Perch, Waleran of Mellent, and Robert of Leycester, aliique Proceres & Tribuni Nobilesque Oppidan, other Noblemen, great Commanders, and Noble (k) 'Tis frequent with Ordericus Vitalis to call Castellans or Governors of Towns and Castles Oppiandi, especially in the twelfth and thirteenth Books of his History, Lib. 12. fol. 853. B. fol. 850. C. fol. 843. C. Castellans. These ask the King about his Successor, [4.] Malms. Hist. Novel. fol. 100 b. n. 30. He names his Daughter to the Succession. No Rebellions in England during his absence in Normandy, by reason he was kind to the Clergy, and rigorous to Seculars. and he adjudged all his Land in England and France to his Daughter by lawful and perpetual Succession; being angry with her Husband, because he had provoked him by several injuries. The King was in Normandy far the greatest part of his Reign, yet never had Insurrection or Rebellion against him in England, which is to be imputed to his favour and kindness to the Clergy, the Bishops especially, who were therefore his Friends; and to the rigorous Execution of his Secular Government, [5.] Ibidem, fol. 91. b. n. 10, 20, 30. for he was inflexible in the rigour of Justice, and never suffered any thing committed by Delinquents not consentaneous to his Dignity, to go unpunished. These were the mere Secular Actions of this King, what he had to do with the ecclesiastics completes his Story, and acquaints us with the foundation of all the Rebellious Actions and Practices, first of the Clergy, and then of the Temporal Barons, by their instigation, which will be related in the following History. Church Story. ON the [6.] Eadm. f. 55. n. 30. f. 56. lin. 1. An. Do. 1100. Anselm refuseth to do Homage to the King. Twenty third of September Anselm landed at Dover, and a few days after went to the King at Salisbury, and was kindly received by him; But required to do Homage to the King, as by Custom it had been done to his Ancestors, and receive the Archbishopric from his Hands, Answered, He neither would or could do it. The reason of his denial having been demanded, he insisted on divers things which had been determined in the Council at [7.] Council. Rom. tertium. Under Pope Vrban the II. Lab. Tom. 10. Col. 615, 616, ●17. Denies him the right of Investitures. Anselm would have the King obedient to the Pope. Rome, which if the King would receive and observe, there should be a firm Peace between them, but if otherwise, he could not see that his stay in England was either honest or profitable, especially if the King continued to dispose of Bishoprics and Abbacies, for than he could neither come into the presence of the King, or company of such as received them from him; Neither, as he said, did he return into England to reside there, unless the King would be obedient to the Pope. [8.] Eadm. ut supra, n. 10, 20. Who hearing these things, was much troubled, esteeming it a great matter to lose the Investitures of Churches and Homage of Bishops; thinking it also a grievous thing, that Anselm should departed the Kingdom, having scarce been confirmed in it. In the first he should as it were lose half the Kingdom, and in permitting the second, he was afraid lest Anselm should pass over Sea to his Brother Robert, (then come from Jerusalem) and bring him into subjection to the Roman See (which he knew was easy to be done) and then make him King of England; Upon these Verbal Altercations, the further debate of the matter was respited until Easter, that Messengers might on both sides be sent to the Pope to incline him to wave his Decrees, and suffer the Custom of the Kingdom to have its course, and the Church the mean time to remain in the same State it was. Anselm knew it signified nothing to send Messengers, yet to avoid suspicion from the King or great Men he consented to what they desired. The Decrees of the Pope have been touched before, and they were Sentences of Excommunication (which Eadmer, being present with Anselm in this Council, says he [9.] Fol. 53. n. 10. The Heads of the Decrees which Anselm insisted on. heard) against such Laymen as gave the Investitures of Churches, and against such as received them from the Hands of Laymen, and lastly against such as should do any Homage to any Layman for any Ecclesiastical Preferment. This year Guido [1.] Ibid. fol. 58. n. 40. The Pope's Legate not received in England. Archbishop of Vienne in France came into England by Command, and in the Name of the Pope, as his Legate of all Britain, at which all Men admired, seeing it was never heard of before, that ever any Man was the Pope's Legate in Britain, except the Archbishop of Canterbury; and therefore he went as he came, no Man taking him for Legate, nor did he in any thing execute the Office. When [2.] Ibid. & fol. 59 n. 40. An Do. 1101. Easter was come, the Messengers not returned from Rome, and therefore the Debate between the King was deferred until their return, which was not until towards the later end of Summer, and then they only brought Pope [3.] Append. n. 18. Paschals Letters to the King, against the giving of Investitures by Laymen, in which he seems to be of the same opinion with his Predecessor urban. The King [4.] Ibidem, & fol. 61. n. 40, 50. The King demands of Anselm Homage. He refuseth to do it. Commands Anselm to Court, and when he came, required him to do him Homage, and Consecrate those to whom he gave Bishoprics and Abbeys. He refused to do them; and the King told him he would not lose the usage of his Ancestors, nor suffer any one in his Kingdom that refused him Homage. At length the Bishops and Princes [5.] Ibid. fol. 62. n 10, 20. of the Land met at Winchester, and by common assent prevailed with Anselm to respite the matter again, until other Messengers of better Note than the former were sent and returned. Anselm on his part sent two Monks, Baldwin of Bec in Normandy, and Alexander of Canterbury; The King sent three Bishops, Gerard Elect of York, Herbert of Thetford, and Robert of Chester. These [6.] Ibid. fol. 63. n. 10. bring back from Rome two Epistles, [7.] Appen. n. 19 one to the King, in which Pope Paschal by the Judgement of the Holy Spirit, interdicts him from giving Investitures; another to Anselm, wherein he confirms what he had done. The King calls together the great Men at London, and sends to the Archbishop, that he would no longer deny him the enjoyment of his Father's Customs, and if he did, to avoid the Realm. He refers the King to his Letters, ( [8.] Ibid. fol. 70. n. 30. which the King would not have opened or read) and said, if by those he were permitted to do what the King desired, than he would comply. [9.] Ibidem, fol. 65. n. 10, 20, 30, etc. Much wrangling there was about the Letter sent to the King, the three Bishops stood stoutly to maintain, that the Pope said no such things to them as were mentioned in Anselms Letters, and that the Pope sent by them a Verbal Order to the King, That so long as in other matters he was a good Prince, he might use Investitures; The Monks maintained the contrary. The [1.] Ibid. f. 66. n. 30, 40, 50. Anselm would not be persuaded to comply with the King. Bishops and great Men were on the King's side, and persuaded Anselm to do Homage, and Consecrate such as the King should appoint to Bishoprics. But all they could obtain from him was, that he would not withdraw his Communion from the King, if he gave Bishoprics, or those that received them (as from Excommunicated Persons) until he sent to Rome to know certainly what he was to do; but in the mean time he would neither Consecrate any of them, nor command or permit any other to do it. Here the [2.] Ibidem, n. 50. The King invests two Bishops by the Pastoral Staff. Controversy rested, and the King thinking he had the advantage, invested two of his Clerks Bishops, by the gift of the Pastoral Staff; Roger the Chancellor in the Bishopric of Salisbury, and another Roger his Launderer in the Bishopric of Hereford. This was done [3.] Flor. Wig. f. 651. An. Do. 1102. in the Feast of St. Michael, when the King was at Westminster, with all the Principes or chief Men of the Kingdom of both Orders, Ecclesiastical and Secular, at which time there was held a great Council. Anselm [4.] Eadm. f. 67 n. 10, 20. A great Council of both Orders. by the Kings consent presided in this Council, and requested the King that the Secular great Men might be present, that what was Decreed by the Authority of that Council, might be observed as Established by the unanimous consent of both Orders, that is, of the Bishops, Abbats, and Principes or Primates, the chief or prime Men of the whole Kingdom. These [5.] Append. n. 20. Acts and Canons of this Council are noted by Eadmer, as he received them from the Archbishop. Roger the [6.] Eadm. f. 68 n. 50. Elect of Hereford died not long after he was chosen, and Reinelin the Queen's Chancellor succeeded him by the like Investiture; and the King [7.] Ibidem, fol. 69. n. 10, 20, 30. sent to Anselm to Consecrate the two late Elects, with William Giffard that had been elected to the Bishopric of Winchester some time before; He would have Consecrated the Elect of Winchester, Anselm refuseth to Consecrate such as received their Investitures from the King. because chosen before his return from Exile, but refused the other two; but the King would not permit that to be done, unless he would Consecrate them all; and therefore commanded Gerard Archbishop of York to Consecrate them all together. Which so soon as Reinelin understood, he brought back the Staff and Ring to the King, repenting that he had received them from him, reputing it rather a Curse than a Blessing to receive Consecration from Gerard; for which he lost the King's favour, and was removed from Court. The Archbishop of York, with all the Bishops of England were ready, and appointed a day to Consecrate the other two at London, where when all things were prepared for the Solemnity, William the Elect of Winchester likewise refused his Consecration by him, and so the Bishops departed in confusion, not doing any thing; Whereupon the Multitude (which used to be gathered together upon such occasions) having for the sake of Anselm a good opinion of William, The People had such an opinion of Anselm that they clamour against the other Bishops. made a loud clamour, that he was a Lover of Right, that the Bishops were no Bishops, but destroyers of Justice. They complain to the King of this rudeness and contumely; William is brought before him, and accused, who remained obstinate, and therefore had all his Goods taken from him, and was banished the Kingdom. Concerning these Matters Anselm seeks for Judgement and Justice from the King, and urged him with repeated Prayers and Complaints, but could not move him. About the [8.] Ibidem, n. 40, 50. middle of Lent following, the King came to Canterbury, pretending to go forward to Dover to meet the Earl of Flanders; He stayed three days there, and by his Friends let the Archbishop know, A wrangling Intercourse between the King and Archbishop. that he had almost outworn his patience, and that if he still derogated any thing from the Customs of his Father, he should be forced to use severity against him. [9.] Ibid. fol. 70. n. 10, 20. He said the Messengers were come back which he had sent to Rome to know whether the Verbal Relation the Bishops brought from thence were true, and had brought with them Letters that would declare the truth, and would have had the Letters perused, to see whether there could any thing be found in them that did give him leave to submit to the Kings Will; who replied he would not induce these delays, and pressed for a final Resolution from him, ask what the Pope had to do with his business. The Archbishop rejoined, that to save his Head, he would not consent to the use of any thing he had heard prohibited in the Roman Council, unless it were revoked by the same Authority. After much wrangling Intercourse between the King and Archbishop, he requests him to go to Rome himself, and by his own industry endeavour to do that which others could not, lest losing the Rights of his Ancestors he should be less esteemed than they were. Anselm desires his Resolution herein might be respited until Easter, that hearing the Advice of the Bishops and prime Men of the Kingdom which were not then present, he might give his Answer accordingly. At Easter he comes to Court, An. Do. 1103. and consults the Nobility of the Kingdom in this business, and it was the unanimous Advice of the Council, that it was not fit for him in a matter of that weight, to refuse the labour and hazard of the Journey; He pursued their Advice, and prepared for his Journey, and when he came to the Abbey of Bec in Normandy, he opened the Pope's last mentioned Letters to him, which [1.] Append. n. 21. contradicted what the Bishops had said, and were in all points answerable to his expectations. By [2.] Eadm. fol. 72. n. 10, 20, 30. Whitsuntide he was gotten no farther than Chartres, where Ivo Bishop of that place and other Friends persuaded him to defer his Journey into Italy, until the great heat of the Season was somewhat over; He took their Advice, and returned to Bec, where he stayed until the middle of August, and then went again to Chartres, where he was rceived by the great Men of the Countries adjoining with high Respect and Honour, and presented with Gifts more than he would receive. While he thus loitered in his Journey, [3.] Ibidem, n. 40. The King sends William Warlewast his Solicitor to Rom●. the King sent William Warlewast, who had formerly solicited his Brother Rufus his Cause at Rome, against Anselm, who was there some days before him, and endeavoured with all his Art and Industry to procure to King H●nry the confirmation of all his Fathers and Brothers Customs and Usages by Authority of the Apostolic See. [4.] Ibidem fol. 73. n. 10, 20, 30, 40. He demands the permission of his Fathers and Brothers Customs and Usages. They are denied, especially the Investiture of Churches. He obtained the favour of many of the Romans; and the Pope and Anselm being both silent while the Controversy was in agitation, thought nothing could be denied him, said before the Auditors, that whatever was discoursed there, he would have every one know, that his Master the King would part with his Kingdom before he would lose the Investiture of Churches. To whom the Pope replied, If it be so, neither will Paschal permit him to have them, though it were to save his Head▪ Yet he granted to the King some of his Father's Usages, prohibiting the Investitures of Churches; and for a while respiting the Sentence of Excommunication his Predecessor had form against him, keeping all such under the Bonds of it, that had either received or should receive Investitures from him, for the preservation of rigorous Discipline. Thus was the Kings Cause determined at Rome, and the satisfaction such as were invested should give, was left to the Censure of Anselm. After this determination he sent away Anselm, with his Blessing and [5.] Append. n. 22. The Pope confirms the Primacy of Canterbury. Epistle that confirmed to him all the Primacy of the Church of Canterbury, as fully as any of his Predecessors ever enjoyed it. Warlewast [6.] Ibidem, f. 74. n. 10, 20. Warlewast brought from the Pope only wheadling Letters. stayed at Rome after the Arch-Bishops departure, pretending other business, but indeed to try if the Pope might be wrought upon in his absence, but could not move him from his Resolution. All he brought back were wheadling perswasory Letters [7.] Append. n. 23. to the King, to draw him to a compliance. [8.] Eadm. in vitâ Anselm. lib. 2. fol. 82. Col. 1573. Anselm and William met at Placentia in Italy, and proceeding to Lions in France, William left his company, [9.] Ibidem. William Warlewast forbids Anselm to return into England unless, etc. forbidding him in the King his Master's Name, to return into England, unless he would certainly promise, that laying aside all obedience and subjection to the Apostolic See, the King might possess all the Customs of his Father and Brother. Anselm stayed at [1.] Ead. Hist. Nou. f. 75. n. 30. Anselm gives the King an account what he did at Rome. Lions, where he was mightily caressed by the Archbishop and his Clergy, from whence he sent a Messenger with Letters to the King, in which he gave him an account what had been done at Rome, and what Command he had received from his Commissioner William; in which he wrote; that [2.] Append. n. 24. the Pope would not departed from the Decrees of his Antecessors, and also commanded him, that he should have no Communion with such as had been Invested by him, or such as Consecrated any Persons so Invested; and further, that he had received his Command by William, not to enter into England, unless he resolved to do what his Predecessor had done with his Father; And says, he could not use such Compliance, because he could not do him Homage, nor Communicate with such as received Investitures from him, by reason of the prohibition he had heard in the Council made against them. When [3.] Ead. Hist. f. 76. n. 30, 40, 50. The King owns the prohibition of Anselm to return into England. Warlewast returned, and informed the King what he must trust to, he forthwith Commanded the Archbishopric to be seized to his own use; and after some time Anselm received at Lion's Letters from the King, by Everard a Monk of Canterbury, wherein the King owned that he did direct William to tell him, that he was not to come into England unless he would promise to observe toward him all the Customs of his Father and Brother. The [4.] Ibidem. f. 78. n. 30, 40, 50. King again sends Messengers to Rome, to try if they could prevail with the Pope to command Anselm to submit to the King; but he was so far from it, that he [5.] Append. n. 25. An Do. 1104. Anselm Excommunicates the King's Counsellors. Excommunicates by the Judgement of the Holy Spirit (as he says) all the King's Counsellors, and particularly Robert Earl of Mellent, for advising the King to insist upon, and put in practise his Rights of Investiture, and those likewise which were invested by him, but the Sentence against the King was [6.] Ibid. fol 78 n. 20. respited until further Consideration. At length [7.] Ibidem. fol. 79. n. 20, 30, 40, 50. Anselm visits the Countess of Blou. Anselm came from Lions to the Priory of St. Marry de la Charite upon the River Loire, a Cell of Clugny, where he understood that Adala Countess of Blois, the Daughter of great King William, lay sick at that Castle, thither he goes to visit her, who had been very kind, and magnificently liberal to him in his former Exile, as being an Holy and Religious Man, and one that she had under God, chosen to be the Director of her Life. When he came to her, he found her recovered of her Sickness, and staying some days in the Castle, wherein they had frequent Discourses, she asks him the cause of his coming into France; He told her it was to Excommunicate her Brother Henry King of England, for the injury he had done to God and him above two years; Which when she heard, she grieved vehemently (as the Monk says) that her Brother should be damned, She endeavours to reconcile the King and Anselm. and intended to try if she could reconcile him to the Archbishop; To which purpose she desired him to go with her to Chartres. The King [8.] Ibidem, fol. 80. n. 10, 20, 30. The King dreads anselm's Excommunication. was then in Normandy, and when he had heard by Messengers from the Countess, that Anselm was come into France, and the reason of his coming, he presently considered how to divert him from his purpose. Therefore advising with his Friends, he by Messengers requested the Countess, that she would bring him into Normandy, that he might speak with him, promising he would for Peace sake condescend to many things, he stood upon formerly. They met all three on the Twenty second of July at Aquila Castle, An. Do. 1106. The King and Anselm reconciled. (now l'Aigle) and there the King after some Discourse had with them, re-invested Anselm of all his Profits of his Bishopric, and they entered into their old Friendship; And it was further urged by some who were earnest in that particular, that he might return into England, the King consented, so as he would not withdraw his Communion from such as he had Invested, or such as had consecrated them. Anselm would not comply with the King's desires. But he chose rather to stay out of England than to submit to this Condition, until such, as by agreement between them were sent to Rome for a determination in this point, and some others they could not then settle, were returned. Upon [9.] Ibidem, n. 20, 40. Many Designs form against King Henry upon supposition he would be Excommunicated. the common Fame, that King Henry was to be Excommunicated, many designs were laid against him in England, France, and Normandy, (as not being then overmuch beloved) and it was not doubted but after his Excommunication they might take effect, yet by this Agreement they were all frustrated. With which the King seemed mightily pleased, and promised, Anselm, his Messengers should make such haste, as he should be in England at his Court at Christmas. The King's [1.] Ibidem, fol. 83. n. 20, 30, 4●, 50. Envoy to Rome was William Warlewast, and the Archbishop's was Baldwin a Monk; While these were gone about the Consummation of the Agreement, the King went into England to recruit his Army, and furnish himself with Money, King Henry used great Exactions to raise Money. in the Collecting whereof he used cruel Exactions upon all Men. Those that had not Money to pay, were either thrust out of their Houses, or had their Householdstuff sold. But not having raised a sufficient Sum as he thought, he fell upon the Clergy; Especially upon the Clergy. In the Council of London the Priests and Canons of England were forbidden the company of Women. They many of them violated the Interdict, either by retaining, or re-taking their Wives or Women; for this fault the King caused his Ministers to implead them, and take the Money due for the Expiation of it. But his Exactors finding the Sum this way raised to be less than they expected, set a certain Sum upon every Parish Church, and forced the Incumbent or Curate to pay it. The Archbishop [2.] Ibidem, fol. 84. n. 10, 20. The Bishop's fall from the King of York and many other Bishops that were always firm to the King against Anselm, provoked with these Actions, wrote [3.] Append. n. 26. to him to come into England, and use his power to relieve them and the Nation. He wrote [4.] Ibidem, n. 40. back to him, that until the Messengers returned from Rome he could not help them, not knowing till than what his power might be; And withal [5.] Append. n. 27. wrote to the King, That it belonged not to him to exact the Punishments, and take the Forfeitures of such Priests, who had not observed the Precept of the London Council; For that it was never heard of in any Church of God, that any King or Prince ever did so, for it belonged to the Bishops in their several Dioceses, and in case of neglect by them, to the Archbishop and Primate. Several Letters [6.] Ibidem, fol. 85, 86. passed between the King and Archbishop about this Controversy, before the return of the Messengers from Rome into England; who first acquainted the Archbishop then in Normandy with their dispatch from Rome, in which [7.] Append. n. 28. he had power given him by the Pope in all cases but that of Investitures, to use his discretion. The Letters they brought from the Pope bear date March 23. 1106. From Anselm [8.] Ibid. fol. 88 n. 50. Anselm falls sick at Bec. The King goes to him. Warlewast came into England to the King, and gave him an account of his Negotiation with the Pope; and in few days returned to Anselm again to bring him into England, but found him so ill at the Abbey of Bec, that there was no hopes of his coming; so that the King went to him, and arrived at Bec [9.] Ibid. f. 89. n. 30. An. Do. 1107. And promised not to take the Revenues of Churches when vacant. And restores to Anselm the Revenues of the Archbishopric. on the Fifteenth of August, where he delivered free, without any exaction the Churches which his Brother William had first put under Tribute, or let to Farm, and promised that he would not take the Profits of Churches when vacant; and further promised in three years' time to restore all the Money he had received from the Priests, and likewise to Anselm all the Revenue of the Archbishopric which he had received during his Exile. Things proceeding thus smoothly between the King and Anselm, he came for England, [1.] Ibidem, n. 40, 50. The observance of the Queen towards Anselm. and landing at Dover, was received with a general rejoicing and exultation of the People; and the Queen was so officious and observant of him, that she went before him from place to place, and wherever the Monks and Canons of any Monastery came in Procession to meet him, she went before, and saw his Lodgings prepared and adorned. While these Matters were in agitation, the King was wonderfully [2.] Eadm. in vita Anselmi, lib. 2. fol. 30. col. 1573. joyful that he was like to make Peace with Anselm, and thought that thereby he should certainly Conquer all Normandy; which he did, for not long after coming to a Battle with his * Sept. 28. 1107. Brother Robert, and other Princes and great Men of that Nation, he took him and several of them Prisoners, and also killed a great many, and became a Conqueror of the whole Nation, of which Victory [3.] Append. n. 29. he wrote Letters to Anselm; and all who at that time heard what was done, did ascribe it to the Merits of the Peace which the King made with Anselm. After which Victory [4.] Ead. Hist. f. 90. n. 30, 40. A Council to dispose of the vacancies of Churches. The King prorogues the Council. the King came into England, and at Easter the Principes or chief Men of the Land assembled at his Court, about disposing the vacancy of Churches; This Council the King prorogued until Whitsuntide, for that the Pope was come into France, and had sent for William and Baldwin, the late Envoys of him and Anselm, to come to the Council he held at Troy's; The King suppossing he might have declared his mind in that Affair. At which time the Archbishop being sick, the Council was again prorogued till the First of August. It was then a [5.] Ibidem, fol. 91. n. 10. A Dispensation from the Pope. Constitution in the Roman Church, that the Sons of Priests should not succeed their Fathers, or enjoy Ecclesiastical Benefices; but seeing there was a great number of such in England, the Pope sent a [6.] Append. n. 30. Dispensation to Anselm, that they might enjoy them, For Priest's Sons to hold Live. and that he might receive Richard Abbot of Ely into his Communion. At the time, according to the last Prorogation, on the First of August [7.] Ibidem, n. 20. An. Do. 1107. the Bishops, Abbats, and Proceres or great Men of the Kingdom met in the King's Palace at London, and for three days there was a Debate between the King and the Bishops about Investitures, Anselm being absent all that time; some persuading the King to act as his Father and Brother had done, and not to regard the Command of the Pope, The Pope grants the Clergy might do Homage. who stood firm to the Decree concerning Investitures, but granted that the Clergy might do Homage, which had been also interdicted. By which means he brought the King to part with his Right of Investitures. [8.] Ibidem, n. 30. The King parts with his Right of Investiture. Afterward Anselm being present before the Multitude that was there, the King consented and ordained, That from that time forward, neither Bishop nor Abbot should be invested by the Gift of the Pastoral Staff or Ring, by himself or other Lay-people; And Anselm likewise granted, That no Man should be debarred of his Consecration by reason of the Homage he should do to the King. This Agreement being made, almost all vacant Churches were filled with Pastors by the Advice of Anselm and the Proceres or great Men of the Kingdom: and they were Instituted by the King, without Investiture by the Pastoral Staff or King. [9.] Lib. 2. f. 30. col. 1573. Eadmer in the Life of Anselm, delivers the last Passage in other words, thus. All the Primores or Prime Men of England met in the King's Palace at London, and Anselm obtained the Victory concerning the Liberty of the Church, for which he had long contended. For the King leaving the usage of his Antecessors, neither chose alone by himself such Persons as were to govern the Church, neither invested them in their Churches by delivering their Pastoral Staff. Anselm exacts Obedience of the Archbishop of York. In this Council Anselm exacted obedience and subjection of Gerard Archbishop of York, the King thought it sufficient if he performed the same obedience he promised when he was made Bishop of Hereford, which Anselm accepted. It was agreed in this [1.] Ibid. f. 92. n 10. Council, That the Elects should be Consecrated, and accordingly William Giffard Elect of Winchester, Roger of Salisbury, Reinelin of Hereford, William Warlewast of Exeter, Vrban of Landaff, were Consecrated on Sunday the Eleventh of August, and on that day according to the Pope's Command he delivered to Ealdwin Abbot of Ramsey his Pastoral Staff, of which he had been deprived [2.] Ibidem, 67. n. 30. for Simony in the Council of London. In the [3.] Ib. f. 94. n. 50. f. 95. n. 10, 20, 30, 40. Anno Domini 1108. Solemnity of Pentecost following there was held a great Council of all the great Men of the Kingdom at London, where Anselm and Thomas Elect of York, (for Gerard died coming to Court) and all the Bishops of England, did in the presence of King Henry, by the assent of all his Barons, Severe Laws made against Priests, etc. make severe Laws against Priests, Arch-Deacons, Deacons, and Subdeacons, that kept Women in their Houses, or had Wives or Concubines, and caused the Arch-Deacons and Deans to Swear to put those Laws in Execution against them, or they should lose their Preferments. The first Debate [4.] Ibidem, about the largeness of the Diocese of Lincoln was in this Council, and the King, the Archbishop, and other Principes or chief Men of the Kingdom, The Bishopric of Ely taken out of the Bishopric of Lincoln. to make another Bishopric out of it, and to fix the Bishop's Seat at Ely. But though Anselm wrote to the Pope about it, the design was not finished in his Life time: [5.] Append. n. 31. yet not long after it was completed, and Hervy Bishop of Bangor was first made Bishop there. Thomas Elect of York deferred his Consecration [6.] Ib. f. 97. n. 40, 50. which Anselm supposed he did on purpose, to avoid his profession of Obedience to the See of Canterbury, or that he would not come to Canterbury to be Consecrated, (as the Custom than was) and suspecting he might without his knowledge procure a Pall from the Pope, he wrote to him not to send him one, in diminution of the Rights of the See of Canterbury, and had his desire granted. Many [7.] Ib. f. 97, 98, 99, 100, 101, 102. Epistles passed between them in this Contest; at last Anselm prohibited Thomas under a perpetual Anathema, that the should not receive Benediction to the Bishopric of York, [8.] Append. n. 32. Anselm sends his Epistl●s against Thomas Elect of York, to all the Bishops. until he had made his Profession of due Subjection to the Church of Canterbury, and involved all the Bishops of England in the same, if they laid hands on him at his Consecration, or Communicated with him as a Bishop, if he he were Consecrated by any Foreign Bishops. He sent every Bishop of England one of these thundering [9.] Ibid. f. 102. n. 30. Epistles against Thomas under his Seal, that they might observe the Contents of it. Anselm [1.] Ibidem, n. 40, 50. An. Do. 1109. Anselm dies. died April 20. 1109. and the King held the Feast of Pentecost next following at London, in great Worldly Glory, and Rich Appearance. The Feasting days over, he began to Treat with the Bishops and Princes of the Kingdom, what was to be done concerning the Consecration of the Elect of York. [2.] Ibidem, f. 103. n. 10, 20, 30, etc. The Bishops stand close to the Contents of anselm's Epistle. The King awed by anselm's Excommunication. The Bishops stick close to the Contents of Anselm's Epistle, and resolve to lose all rather than recede from them. Robert Earl of Mellent began to Expostulate with them how any of them dare receive such a Letter without the King's Consent and Command; They declare their resolution in the observation of it. The King complied, and professed he would not be one hour subject to the Excommunication of Anselm, and therefore appointed Thomas, according to the ancient Privileges of the Church of Canterbury, and Decree of his Father in the time of Lanfranc, to make his Profession, or [3.] Ibidem, n. 50. he should not have the Archbishopric of York; which he did, having considered the Authorities by which it was supported, [4.] Ibidem, f. 104. n. 10, 20. and his Profession was (l) Professio ne quid mutaretur Sigillo regio inclusa; & Literae sigillo regio inclusae. fol. 101. n. 30. & Literae sigillo regio repositae, fol. 86. lin. 9 They were wound up in Wax, and had the impression of the King's Seal; Such as these were called Literae Clausae, Close Letters or Writs; and the Literae extra sigillum pendents, were the Letters Patents, or Literae Patentes; and the ancient Rolls upon which these were Entered and Recorded, are to this day called the Patent and Close Rolls. included in the King's Seal, that nothing might be altered. He was Consecrated the Twenty eighth of July by the Bishop of London and other Bishops, being Sunday, in St. Paul's Church, and read his Profession in this Form. The Form of the Profession of the Archbishop of York. I Thomas, which am to be Consecrated Metropolitan of the Church of York, do profess Subjection and Canonical Obedience to the Holy Church of Canterbury, and to the Primate of the same Church Canonically Elected and Consecrated, and to his Successors Canonically enthroned; saving the Fealty of my Lord Henry King of England, and the same Obedience due from me, that Thomas my Antecessor for himself professed to the Roman Church. [5.] ●lor. Wig. fol. 654. On the First of August he received the Pall at York sent from the Pope by Cardinal Vlric, and the same day Consecrated Turget, Prior of Duresm, Bishop of St. Andrews in Scotland. At next Christmas the Kingdom of England met according to Custom at the King's Court at London, [6.] Eadm. fol. 105. lin. 3. n. 10. A Contest between the Bishop of London and Archbishop of York about Crowning the King. where there was a great and high Solemnity. The Archbishop of York fitted himself to Crown the King that day, and Celebrate Mass in stead of the Primate of Canterbury; but the Bishop of London would not permit him, who as Dean of the Province placed the Crown on the King's Head, and lead him by the right hand into the Church, and performed the Office of the day. In this Council [7.] Ibidem, n. 20. was agitated the Cause of the Priests, which had been forced from the Company of Women in the time of Anselm, many of them rejoicing at his death, promising themselves their old Liberty; but it happened contrary to their expectation, for the King, whom many feared more than God, The King would not permit Priests the Conversation with Women. by his Law forced them whether they would or not, to the observation of the Council of London, at least according to outward appearance. But [8.] Ibidem, n. 40, 50. behold (saith my Author) some Abbats which were deposed for Simony in that Council, either obtained for Money those Abbeys which they had lost, or others from Laymen. Their Bishops and Arch-Deacons for Money permit them the use of Women. And those which were called Priests or Canons (the King's Edict growing faint) by an infamous Commerce prevailed with their Bishops and Arch-Deacons that they might enjoy such Harlots as they had forsaken, or take others which pleased them better. And further, such as wore long Hair, who were certainly Excommunicated by Anselm, [9.] Ibidem, fol. 106. lin. 1. did so abound, and so boast of the Womanish and Ignominious length of it, that such as did not wear it, they called by the opprobrious name of Clown or Priest. When Anselm was dead, [1.] Ibid fol. 109. n. 10, 30. King Henry took the Archbishopric of Canterbury and all that belonged to it into his own hands, according to the Example of his Brother William, and so kept it five years, when he caused the Bishops and Princes, or chief Men of England to meet at Windsor, as desirous to have their Advice in making of an Archbishop of Canterbury; and on the Twenty fifth of April the [2.] Ibidem, fol. 110. n. 10, 20. An. Do. 1114. Ralph Bishop of Rochester made Archbishop of Canterbury. Bishop's desiring, and the King assenting to it, Ralph Bishop of Rochester was chosen Archbishop; and it being declared to the Multitude, they rejoiced wonderfully. On the Seventeenth of May he came to Canterbury, and was gloriously received of the Clergy and Laity, and enthroned by the Bishops, passing the first days of his Entrance in mighty Pomp and great Splendour. This done, the King designed speedily to go for Normandy, yet taking the opportunity of this Council, [3.] Ibidem, n. 30, 40. King Henry hated the English. by the Advice of his Bishops and Princes, or great Men, he supplied the vacancies of all Monasteries; He so hated the English, as he put in all Strangers, and it was only their Country that kept them out; If he were an Englishman, no virtue whatever could make him be thought worthy of Preferment: but if a Stranger, any pretence to worth, or slight testimony made him capable of great Dignity. Again, when [4.] Ibidem, f. 113. n. 30. Anselm Nephew to Archbishop Anselm brought his Pall from Rome, which was on Sunday the Twenty sixth of June, there came to the Metropolis the Bishops, Abbats, Nobles, and an innumerable company of Men from all parts; for these Solemnities never wanted the attendance of the Rabble and Multitude, where there was plenty of good Meat and Liquor. At the great Council held at [5.] Ibidem, f. 117. n. 50. f. 118. n. 10, 20. Flor. Wig. f. 656. Anno Domini 1115, 1116. The Controversy between the Arch-Bishops of Canterbury and York. Salisbury, March 19 1115. or as Florence of Worcester 1116. the Controversy between Ralph Archbishop of Canterbury, and Thurstan one of the King's Chaplains or Clerks, who had been elected at Winchester on the Fifteenth of August the year before, to the Archbishopric of York, was discussed. This Elect was admonished to receive his Benediction from, and do his Duty to the Church of Canterbury; He answered he would willingly receive his Consecration, but could by no means make the Profession his Predecessors had done. Ralph not having patience to hear, what was, or might be said, this matter remained undetermined; Whereupon Thurstan sent to Rome to obtain a Dispensation for his Profession, but prevailed not. In the mean time the King taking notice of the obstinacy of Thurstan, and that he presumed much upon his favour, declared, That unless he would make such Profession as his Antecessors had done, and own the Dignity of the Church of Canterbury, he should never be Consecrated, or enjoy the Bishopric of York. He answered the King and Archbishop, That who ever was made Bishop there, he would never so long as he lived pretend or claim any Title to it. Amidst this Controversy about August, Anselm that brought the Pall to the Archbishop of Canterbury came into England, [6.] Ibidem, f. 118. n. 20, 30. with the Pope's Letters, to be his Vicegerent or Legat. At which the Bishops, Abbats, and all the Nobility much admired, and were called together at London before the Queen, to Treat in a Common Council of this and other matters; when it was resolved by all that the Archbishop of Canterbury (whom this business mostly concerned) should go to the King, and acquaint him with the ancient Custom and Liberty of the Kingdom; and that if the King advised it, he should go to Rome, and annihilate these Novelties. He complies with their Order, and passeth over Sea to the King at Roven, where he found Anselm expecting passage into England; but the King not suffering any violence or prejudice to be done to the Customs of England, detained him in Normandy, and would not permit him to go further. The Archbishop [7.] Ibidem, f. 119. n. 40, 50. f. 120. n. 10, etc. goes on his Journey, but being hindered by Sickness, stayed much by the way, and at last came not to the Pope (who was then at Benevento in the Kingdom of Naples) by reason of his infirmity, but sent to him Messengers from Rome, by whom he received the [8.] Append. n. 33. The Pope confirms the Privileges of Canterbury. Confirmation of all the Privileges to the Church of Canterbury, that Anselm enjoyed, and so came back to the King at Roven. This Confirmation was dated at Benevento, March 24. And the [9.] Ibidem, n. 50. Clergy of the Church of York, by their Solicitors, mad Application to the Pope, for the Restitution of Thurstan, without making Profession to the See of Canterbury; but they only [1.] Ibidem, f. 121. n. 10. Append. n. 34. obtained his Restitution by a Bull dated April the 5th then next following. Thurstan [2.] Ibidem, f. 121. n. 30. having thus been restored to his Bishopric after two years' abode in Normandy, returned into England, but the Archbishop of Canterbury stayed with the King, as did Anselm, Peterpences collected in England. until the Peterpences were collected in England, which he carried with him to Rome. About this time Pope [3.] Ibidem, n. 40. Anno Domini 1118 Jan. 19 Antipopes. Paschal died, and John a Monk of Monte-Cassino in Naples, who had been Chancellor to three former Popes, was chosen by the name of Gelasius. The Emperor set up Burdin Archbishop of Braga in Spain, by the name of Gregory, and put him into possession of Rome. Gelasius left [4.] Ibidem, f. 122. n 40. f. 123. lin. 2. Italy and came into France, of which when Thurstan had notice, he went to Roven, where the King rebuked him for coming over Sea without his leave, and commanded him to proceed no further, until the King knew certainly where the Pope was, and would make his Residence. The Messengers sent for that purpose return with the news of the Pope's death, after which the Cardinals, and such as came with Gelasius into France, chose Guido Archbishop of Vienne in France, who took upon him the name of Calixtus. [5.] Ibidem, n. 10, 20. An. Do. 1119. England was much moved and divided concerning this diversity of Popes, some maintained one, some the other, and some that neither was duly elected to the Papacy; yet the French, the King of England, France and England receive Calixtus. with the Archbishop of Canterbury acknowledged Calixt, and received him for Pope, denying Gregory. On the Nineteenth of October Calixt [6.] Ibidem. f. 124. n. 30, 40, 50. An. Do. 1119 A Council at Rheims. held a Council at Rheims, where there was a great appearance of Arch-Bishops, Bishops, Abbats, and Princes of divers Provinces, with a numerous Multitude of Clerks and Plebeians. The King sent to this Council the Norman Bishops and Abbats, and all the English Bishops with him in Normandy, William Bishop of Excester, Ralph Bishop of Duresm, Bernard of St. David's, and urban of Landaffe; The Archbishop of Canterbury was sick and could not go. Thurstan also asked leave of the King that he might go, but could not obtain it, until he had obliged his Faith, that he would procure nothing from the Pope prejudicial to the See of Canterbury, or receive Episcopal Benediction from him. But when he came there, laying aside his faithful Promise, by bribing of the Romans he obtained his desire, Thurstan by Bribery is Consecrated by the Pope. and was Consecrated Bishop by the Pope himself: [7.] Ibidem, f. 125. n. 10, 20, 30, 40. notwithstanding the King by a special Messenger had before given him notice of the difference between Ralph and Thurstan, as also of Thurstans' intentions, with request that he would not Consecrate him, or Command or permit any one to do it, unless the Archbishop of Canterbury, according to old Custom; in which affair he promised to act no otherwise than the King would have him; [8.] Ibidem, n. 40, 50. The King prohibits him coming into England. of which Consecration when the King had certain notice, he prohibited Thurstan and his Followers from coming either into Normandy, England, or any of his Dominions. King Henry and the Pope met not long after at guysor's, in the Confines of France and Normandy, to [9.] Ibidem. The Pope yields the King should enjoy his Father's Customs. Confer about this and other matters, when he yielded the King should enjoy all the Customs his Father had in England and Normandy, and chief that no Man at any time should be sent as Legate into England, unless the King himself had some special Case or Plaint that could not be decided by the Archbishop of Canterbury, and other Bishops of the Kingdom, and should desire him to send one. Upon this Agreement [1.] Ibidem. f. 126. lin. 1. n. 10. The Pope would have absolved the King. the Pope desired the King to be a Friend to Thurstan for his sake, and to restore him to the Bishopric to which he was Consecrated. He answered, he had engaged his Faith not to do it so long as he lived. The Pope replied, if he would do what he required, he would absolve him from that Engagement. The King said he would consider of that, and acquaint him with his Resolution. [2.] Ibidem, They parted, and the King by his Envoy answered, That whereas he said he was Pope, and he could absolve him from the Faith he had given, He denies his Absolution. if against it, he should receive Thurstan as Archbishop of York, it seemed not agreeable to the Justice and Honour of a King to consent to such an Absolution. But because he so earnestly desired Thurstan [3.] N. 10, 20. should be admitted, he granted it should be so, if he would come to Canterbury, and profess due obedience and subjection to the See, and to the Primate in Writing, as Thomas, Gerard, and a second Thomas had done before him, which if he refused, he should not be Bishop of York so long as he was King of England. This I have promised, said the King, The King would neither acknowledge Thurstan Bishop of York, or permit him to remain in his Dominions. and pledged my Faith to make it good. Archbishop Ralph returned to Canterbury the Second of January; Thurstan followed the Pope; The King stood to his Resolution, and would neither admit him to be Bishop of York, or suffer him to remain in his Dominions. Soon after Ralph Archbishop of Canterbury [4.] Ibidem, f. 130. n. 10, 20. Eadmer made Archbishop of St. Andrews. his return to England, Alexander King of Scots directed a Letter to him to send Eadmer, one of his Monks, (and our very Author) that he might be made Archbishop of St. Andrews; with the Kings leave the Archbishop sent him, and on the [5.] Ibidem, fol. 132. n. 10, 20. Feast of St. Peter and Paul was Elected, and was invested or put in possession of the Bishopric without receiving the Crosier or Ring from the King, or doing him Homage; but when he came to be Consecrated, he would receive his Consecration no where but at Canterbury; and standing upon other Punctilios, being somewhat of the temper of his Master Anselm, And rejected for his stifness. whose perpetual Companion he had been, the King would none of him, and so he returned again to Canterbury: yet afterwards repenting himself, he wrote a very [6.] Ibidem, fol. 139. etc. submissive Epistle to King Alexander. In the Convention of great Men at Dover which came thither to meet and receive the new Queen, [7.] Ibid. fol. 136. n. 30.40. An. Do. 1121. Thurstan obtained a Bull for the enjoyment of his Bishopric. there was Discourse of the difference between Ralph Archbishop of Canterbury, and Thurstan of York, who had procured a Bull from the Pope, after the same manner all things were obtained at Rome, which commanded he should enjoy his Bishopric under pain of an Anathema to the King, and Suspension to the Archbishop. After great discussion of the Privileges of the Church of Canterbury, left the Punishment determined in the Pope's Letters might affect the King or Archbishop, Thurstan was permitted to come into England, and go to York; but so, as he should not Celebrate Mass out of his own Diocese, until he had made satisfaction unto the See of Canterbury, by abjuring the obstinacy of his Mind. Calixtus [8.] Ibidem, f. 137. n. 30, 40, 50. by the help of an Army having taken his Antipope Gregory, spoiled him of all he had, and thrust him into a Monastery, and then being secure of the Papacy, sent his Legates all the World over, and gave to one Peter of a Princely Family, a Monk of the Order of Clugny, a Legantine Power over France, Britain, Ireland, and the Orcadeses. King Henry [9.] Ibidem, f. 138. n. 10, 20. The Pope's Legate not admitted in England. sent the Bishop of St. David's to Conduct him into England, and when he came, told him he could not part with the ancient Customs of England, granted by the Pope, of which one was, That England was free, and not subject to any Legantine Power; with which Information and rich Presents he departed well satisfied, not offering to execute his Commission. On the Twentieth of October died Ralph Archbishop of Canterbury, [9.] Gervas'. Dor. col. 1662. n. 30. An. Do. 1122. William Prior of St. Osith's chosen Archbishop of Canterbury. and by the King's Precepts all the Bishops, Abbats, and great Men met at Gloucester on the Second of February following to fill that Vacancy; where William a Benedictine Monk, Prior of St. Osith's in Chiche, was substituted in his place. Gervase the Monk of Canterbury, as all the Writers of this Age tell us, That John de Crema Priest, Cardinal, and the Pope's Legate, whom the two Arch-Bishops received pompously, held, and presided in a Council at Westminster, (the Canons of which are to be seen in Simon Dunelm. Anno Domini 1126. and in the Continuer of Florence, 1125.) and [1.] Ibidem, Col. 1663. n. 40, 50. adds, That it was a thing never heard of since the first coming of Augustin, that it was an unsual Novelty, a Scandal to England, and a grateing upon the Liberty of this ancient Kingdom, which had never been subject to any Legantine Power. The year following Archbishop William as Archbishop, and Legate, called and presided in a Council at Westminster. The Canons of it are published by the Continuer of [2.] Fol. 662, 663. The King confirmed the Canons of Councils. Florence of Worcester, which the King confirmed by his Royal Authority, as he did likewise those of the Council the year before. In the Twenty ninth year of his Reign this King [3.] Huntingd. f. 220. a. n. 10, 20. The punishment of Priests permitted to the King. He Compounds with them for the enjoyment of their Wives and Concubines. King Henry's Taxations. held a great Council on the First of August, for the prohibiting of Priests to make use of their Wives or Concubines, in which the Bishops and Clergy, by the easiness of William Archbishop of Canterbury, granted to the King the Correction and Mulcts of the Priests for this Transgression. He makes his advantage of it, and upon Composition and a yearly payment permits them to enjoy their Wives and Concubines; and by this means raised (saith Huntingdon) an infinite Sum of Money. The extraordinary Taxations of this King are not particularly noted, nor is it said how they were imposed. In the Fourth year of his Reign [4.] Fol. 652. An. Do. 1104. Florence of Worcester says, it was not easy to declare what misery England suffered by reason of the King's Exactions. In the Sixth year of his [5.] Eadm. fol. 83. n. 30, 40. Reign his Impositions were general and cruel, according to Eadmers' report; and besides other rigorous Exactions from the Clergy, he set a particular Sum upon every Parish Church, and forced the Incumbent to pay it; or, according to the Historian, to redeem the Church. In the Eighth year of his Reign he had for the [6.] Hen. Hunt. f. 217. b. n 10. Marriage of his Daughter Maude to the Emperor Henry the Fifth, three Shillings of every Hide of Land in England, which upon a just value at this day would be equal to 824850 l. In the Sixteenth year, by reason of the King's necessities, England was oppressed with [7.] Ibidem. f. 218. a. l. 6. Paris, f. 67. lin. 3. frequent and various Payments and Exactions; I find no Scutage paid unless it were comprehended under Gelds and Exactions. No doubt but it was often paid, especially by such as did not accompany the King in his several Expeditions, being summoned, and sometimes also as an Aid at other times. Besides his extraordinary Exactions, if there be any credit to be given to the Laws attributed to this King, or that are said to be in use in his time, he had a constant annual Land Tax, which is there called Danegeld, of Twelve pence upon very (m) This Hidage or Danegeld was at first collected to hire Soldiers to repel the Danish Pirates upon their Landing, Hidage or Danegeit what it was. as it is said in the [1.] LL. Ed. C. 11. Laws attributed to Edward the Confessor. But Florence of Worcester says more truly, [2.] Flor. Wig. An. Do. 991. Ibid. in the same years. that it was paid as a Composition and Tribute to the Danes, that they might desist from their Rapines, Burn, and killing of Men upon and near the Sea Coasts, and for to have a firm Peace with them, and that the first Payment made, and Money given, was 10000 l. in the year 991. In the year 994. they received 16000 l. Tribute; in the year 1002. 24000 l. in the year 1007. 36000 l. in 1012. 48000 l. in 1014. 30000 l. in the year 1018. 72000 l. of all England, and 10500 l. of London. In this King's Reign [3.] Lib. Nigr. in Scaccario, Tit. 19 The price of Victuals in this King's Reign. Wheat to make Bread for One hundred Men one day was valued at one Shilling; a Ram or Sheep at four Pence; and the Allowance, or Hay, and Provender for twenty Horses one day at four Pence. So that if we set things at twenty times the value now they were then, that is, that one Shilling or Groat then would buy as much as twenty Shillings or Groats will now, and go as far in ordinary Expenses; which is no hard Account, it follows that every 10000 l. then, must be equal to 200000 l. In the time of the Heptarchy there were in England, [4.] Cambd. Brit. f. 114. South of Humber 244400 Hides of Land, besides what was in Wales, (and perhaps Cornwall) and the five Counties beyond Humber, Yorkshire, Bishopric of Durham, Westmoreland, Cumberland, Northumberland, and part of Lancashire, which at one Shilling per Hid amounts to 12220 l. which multiplied by twenty produceth 244400 l. and then allow the five Counties and part of Lancacashire to be the eighth part of the Nation, Wales excluded, there ought to be added 30550 l. more, which makes the annual Tax of Hidage then at one Shilling per Hid equal to 274950 l. now. Hide, to be paid at certain Terms, and a forfeiture set upon such as did not duly pay it. Henry the First his Issue. 1. HIS Lawful Issue by Maude of Scotland was only one Son named William, who was drowned as aforesaid, and died without Issue. 2. One Daughter commonly called Maude the Empress, because first Married to Hen. 5th the Emperor. Her second Husband was Geofry (n) Plantagenet or Plantagenist, that is Planta genestae, or Broom Plant, Plantagenet, the reason of the name. because he wore in his Cap or Bonnet a Sprig of Broom. Plantagenet Earl of Anjou, by whom she had Henry the Second King of England; and two other Sons [3.] Chron. Norm. 994. A. Geofry and [4.] Ibidem, 999. C. William that died without Issue. His Natural Children. 1. RObert created Earl of Gloucester in the Ninth of Henry the First, by [5.] Geneal. Hist. of the Kings of England, fol. 45. Nesta Daughter of Rhees ap Tewdor Prince of South Wales. 2. Richard begotten of the [6.] Ibidem, fol. 30. Widow of one Anskil a Nobleman in Oxfordshire: he was drowned with Prince William his half Brother. 3. Reynald created Earl of Cornwall in the Fifth of King Stephen, was begotten of [7.] Fol. 50. Sibyl Daughter of Sir Robert Corbet of Alcester in Gloucestershire. 4. Robert by [8.] Fol. 30. Edith Daughter of a Northern Nobleman of England. 5. Gilbert. Ibid. f. 31. 6. William [9.] Ibidem, de Tracey, so named from a Town in Normandy, who died soon after his Father. 7. Henry by [1.] Ibidem, Nesta aforesaid. 8. Maude [2.] Ibidem, f. 32. espoused to Rotro Earl of Perch, who was Son to Arnulph de Hesding that had great Possessions in England. 9 Another Maud [3.] Ibidem, Married to Conan Earl of Britain. 10. Julian [4.] Ibidem. Married to Eustace de Peace Bastard Son of William de Breteul, eldest Son and Heir of William, and elder Brother of Roger Earl of Hereford in England. 11. Constance [5.] Ibidem, f. 33. Wife of Roscelin Viscount of Beaumond, so called from a Town in the County of Main. 12. [6.] Ibidem, Married to Matthew Son of Burchard of Montmorency, from whom descended the ancient Family of that name. 13. Elizabeth [7.] Ibidem, by Elizabeth Sister of Waleran Earl of Mellent Married to Alexander King of Scots. All these Base Children of this King are recounted in Gemeticensis, lib. 8. c. 29. THE REIGN OF King Stephen. KING Stephen was third Son to Stephen [1.] Ord. Vit. f 573. D. 574. A. An. Do. 1135. Earl of Blois, by Adela the fourth Daughter to William the Conqueror: his Uncle King Henry made him Earl of [2.] Ibidem. King Stephen Married the Daughter and Heir of the Earl of Bologn. Mortaign in Normandy, and gave him many Lands and Honours in England; by reason of which Advantages and Preferments, he became the Husband of the Daughter and Heir of [3.] Ibidem. Eustachius Earl of Bologn. After the death of King Henry, he made haste into England, and was too quick for Maud the Empress, She was Daughter to Henry the First. her Husband Geofry Earl of Anjou, and her Brother Robert Earl of Gloucester, who were delayed for some time with the Business of Anjou and Normandy. [4.] Hen. Hun. f. 221. a. n. 50. Tempting God, he invaded the Crown, notwithstanding he had Sworn Fealty to the Daughter of King Henry, as Inheritrix of the Kingdom of England. And William Archbishop of Canterbury, who first swore to be faithful to her, All the Bishops, Earls, and Barons consent to the Coronation of Stephen, notwithstanding their Oath to Maud, and do him Homage. Crowned him on the 22d of December, King Henry dying the first of that Month in Normandy; All the Bishops, Earls, and Great Men, that made the same Oath to Maud, assented to his Coronation, and did Homage to him. At that time he took an Oath. ● First, That after the deaths of [5.] Ibidem, f. 221. b. n. 30, 40. Stephen's Oath at his Coronation. Bishops, he would never keep Bishoprics void, for his own advantage, but presently consenting ●to Canonical Election, would invest Bishops in them. ● Secondly, That he would not retain the Woods of any Clerk or Layman in his hands, as King Henry had done, who every year impleaded, or vexed them, if either they Hunted in their own Woods, or if for their own necessities, they stubbed them up, ●or diminished them. ● Thirdly, That he would for ever Release Danegelt, (that is) two Shillings an Hide, which his Predecessors were wont to receive ●every year. Gervase of [6.] Col. 1340. n. 10. Canterbury says, That coming over in a swift sailing Ship, the People of Dover repulsed him, and the Inhabitants of Canterbury shut their Gates against him; and that the Londoners, with some Great Men, received him with Honour; where in Discourse between Stephen, and some of the Chief Men of England, about the Succession of the Kingdom, in the presence of William Archbishop of Canterbury, he said, The Archbishop scrupled the Coronation of Stephen, and how he was satisfied. Anno Domini 1135. That by reason of the Oath he had made to Maud the Empress, he dare not Crown any other. One of the most powerful Men of England standing by, swore, he was present, when King Henry voluntarily, and in good Faith, released that Oath. Which being heard, Stephen was Elected by almost all of them, and Crowned by Archbishop William on the 22d of December. A more true and full Account, how this Man obtained the Crown, may be seen in the Exact History of Succession, f.— His Title (such as it was) he procured to be confirmed by the Pope's Bull, which may be found in the History of Richard Prior of Hagustald, Col. 313. n. 30. He found a vast Treasure that King Henry had left; [7.] Malmsb. f. 101. a.n. 50. King Henry left a vast Treasure; with that Stephen raised and maintained an Army of Strangers. One hundred thousand Pounds in Money, and Gold and Silver Vessels of all inestimable value. This drew to him very many Soldiers, especially out of Flanders and Britain, besides the English, which at present so Established him, as neither the Duke of Anjou, nor his Brother in Law, Robert Earl of Gloucester, thought fit to attaque him; who after [8.] Ibidem, n. 40. Robert Earl of Gloucester doubtful what to do. Easter came out of Normandy into England. Being very thoughtful what to do; if he should submit to King Stephen and acknowledge him, than he should go contrary to the Oath he had made to his Sister; if he did not submit, he could have no opportunity of doing any thing for the advantage of his Sister and her Children. [9.] Ibid. b. l. 5. & n. 10. He doth Conditional Homage to King Stephen. All the Noblemen had very freely submitted themselves, therefore he dissembled for a time, and did Homage to the King, upon Condition, that so long as he freely permitted him to enjoy his Dignity and Estate, he should be true to him. In the same [1.] Ib. n. 10. A. D. 1136. The Bishops swore Fealty to him upon Conditions. year, not much after the coming of the Earl, the Bishops swore Fealty to the King, so long as he should preserve the Liberty and Discipline of the Church. And then he gave them a [2.] Ibidem, & n. 20, 30. His Charter chief to the Church, and what he granted by it. Charter, by which he obligeth himself to maintain inviolably the Liberties, Ancient Customs, Dignities, and Privileges of the Church, and that it should enjoy all the Possessions and Tenors it had, the day his Grandfather, King William, died He gave also leave to Bishops, Abbats, and other Ecclesiastical Persons to distribute and dispose of their Goods before their deaths. When Bishoprics were void, he granted, that they should be in the Custody of the Clerks, or other good Men of the Church, until it was provided of a Pastor. The Forests which his Grandfather King William, and his Uncle King William had made, or held, he reserved to himself; such as his Uncle King Henry had made, or superadded, he restored to Church and Kingdom. All Exactions, unjust Customs, and Practices, he prohibited, and Commanded the good Laws, ancient and just Customs should be observed. This [3.] Ibidem, n. 40. He confirmed his Charter by Oath, but never kept it. Charter was granted at Oxford, in the first year of his Reign, Anno Dom. 1136. to the observation whereof he bond himself by Oath; but, as the Historian noteth, kept it not, for he [4.] Ibidem. seized the Treasure of Churches, and gave their Possessions to Laymen; He turned out the Incumbents, His usage of the Church, and Churchmen. and sold them to others: he imprisoned Bishops, and forced them to alienate their Possessions; Abbeys he gave and sold to unworthy Persons. But 'tis there said, These actions are not so much to be ascribed to him, as to such as advised, and persuaded him, And Monasteries. never to want Money, so long as the Monasteries had it. The first that gave him any considerable Trouble was [5.] Gesta Stephan. f. 934. A. 936. D. Baldwin de Redvers fortified Exeter Castle against him; yielded for want of Victuals. Baldwin de Redvers, Earl of Devonshire, and Lord of the Isle of Wight; he fortified and Manned his Castle of Exeter against him, which the King besieged, and at last it was, for want of Victuals delivered to him; The Defendants had liberty to go whether they would, and carry what they would with them. The Earl went into the Isle of Wight with [6.] Ibidem, f. 937. A. B He is driven out of the Isle of Wight, and goes to the Duke of Anjou. design to keep that against the King: but he followed him so close, that he soon drove him out there, and took it from him, and all his other Lands and Estate, and banished him; who then went to the Duke of Anjou, and was there received very kindly. Elated with this success, he came to Hunt at * Hen. Hunt. f. 222. a. n. 10. The King troubles the Noblemen about their Woods and Hunting. Brampton near Huntingdon, and held Pleas concerning the Forests of his Noblemen, that is, concerning their Woods and Hunting, and broke the Vow he had made to God and the People. This year David King of Scots [7.] Ricard. Hagulstad. Col. 312. n. 40, 50, 60. David King of Scots invades England. King Stephen and he make Peace. Carlisle granted to him; his Son Henry made Earl of Huntingdon, etc. entered Northumberland, and seized the Towns of Carlisle, Werke or Work, Alnwick, Norham, and Newcastle, and intended to take in Durham, but King Stephen coming thither with an Army, prevented him; whereupon the two Kings appointed an Interview, and made Peace between their selves. The King of Scots restored Newcastle, Work, Norham, and Alnwick, and had Carlisle given to him. Stephen also gave to Henry his Son, the Earldom of Huntingdon, which had been King david's, and the Town of Doncaster, and all that belonged to it. In the year 1137. King Stephen, in the beginning [8.] Malmsbr. f 101. b.n. 50. King Stephen goes into Normandy; Earl Robert follows him. of Lent, sailed into Normandy; Robert Earl of Gloucester, having tried his Friends, and knowing who were faithful, followed him at Easter. By the Contrivance of [9.] Ib. f. 102. 4. lin. 2. King Stephen useth treacherous Practices against him. The particulars of the Treachery not expressed by the Historian. King Stephen returns out of Normandy. William de Ipre, after he was come into Normandy, King Stephen endeavoured to intercept him by Treachery, but having notice of the practice, from one that was privy to it, he escaped, and came not to Court (though often invited) for many days afterward. The King was troubled his Design took not effect, and thought to extenuate the greatness of the fault, by confessing it; making Oath, according to a form given by the Earl, that he would never for the future consent to such wicked Contrivances. This he did, but could never be a true Friend to the Earl, whose Power he suspected. The King after he had made [1.] Hen. Hunt. f. 222. a. n. 20, 30. His Son Eustachius doth Homage for that Dukedom. Peace with the King of France, and his Son Eustachius had done Homage to him for Normandy, and settled all things there, he returned into England, * Order. vit. f. 911. D. Earl Robert troubled about his Sister. leaving William de Rolmara, Roger the Viscount, and others, his Justiciaries, to manage Affairs as if he were present. In the mean while Robert stayed there, often thinking of the Oath he had made to his Sister, and what he ought to do for her, that he might not be noted for Perfidiousness. The next year, in England, happened many intestine [2.] Malmsb. Histor. Novel. f. 102. a. n. 20, 30, 40, 50. A. D. 1138. King Stephen to maintain his Cause was forced to give Lands, Castles, and Honours to his Followers. Commotions; many of the Nobility, and other Confident daring Men, demanded of the King, some Lands, others Castles, and what ever else they had a mind to; and if he delayed them in obtaining their desires, by Excuses, that he could not do it without prejudice to the Kingdom, and that such things were either claimed, or possessed by others, they forthwith fortified their Castles, or erected Places of Strength, wasted the King's Lands, and plundered his Tenants. To suppress these Defections, he suddenly marched from place to place, and used great labour and industry to no purpose, until by giving them Honours or Castles, he purchased a Counterfeit Peace. Many new Earls he made, and to support their Honours, gave them Crown Lands and Revenues. These Men were more Confident in ask, He made many new Earls, and gave them Crown Lands. and he more Profuse in giving, by reason of the common Report through the Nation, that Robert Earl of Gloucester, intended to assist his Sister, and within some competent time, to defy the King, before he attempted it. This was done presently after Whitsunday, The Earl of Gloucester defies the King. He was encouraged to it by Religious Men and the Pope's Decree. by sending Messengers from Normandy to the King, to whom he renounced his Faith and Homage, because he had unlawfully aspired to the Kingdom. To this he was encouraged by the Answers of many Religious Men, he had Consulted in this Business, that he could neither pass this Life without Ignominy, nor be happy in the Life to come, if he neglected the Oath made to his Sister. Their Answers were the more prevalent with him, being backed with the Pope's Decree, which Commanded, he ought to observe the Oath he made to his Sister, in the presence of his Father. The King deprived him of all his Possessions he could in England, leveled all his Castles, except that at Bristol, which was a great Check and impediment to the success and progress of all his Affairs. The [3.] Ibidem, b. n. 10. Anno Domini 1139. Upon the Report of Earl Roberts coming for England, many forced to deliver their Castles. Report that Earl Robert was coming with his Sister out of Normandy, spread more and more about the Nation; in hopes whereof, many fell from the King, and many others which were in the Court; Upon suspicion only, he imprisoned, and by other hardships forced them to yield their Castles, and to such other Conditions as he pleased. It was noted at this time, that Roger Bishop of Salisbury, had built two [4.] Ibidem, n. 20. The Bishop of Salisbury built the Castles at Devises, Malmsbury, and Sherborn. The Bishop of Lincoln built the Castle at Newark. The Bishops envied. Complaints made of them to the King. famous and splendid Houses with Towers, and Turrets, after the manner of Castles, one at the Devises in Wiltshire, another at Sherborn in Dorsetshire; That he had begun to build a Castle at Malmsbury, and that formerly he had procured to himself the Custody of Salisbury Castle, from King Henry, and enclosed it with a Wall; and likewise, that his Nephew Alexander Bishop of Lincoln had built a Castle at Newark, (as he said) for the safety and Dignity of his Bishopric. This brought upon them Envy from the Earls and Barons about the King, who told him, that the Bishops were more intent upon Erecting Castles, than their Function or Offices: and no doubt but they were built for his destruction; and that when the Empress came over, they would assist, and deliver them to her, as being obliged to it by the Memory of the Favours they had received from her Father; persuading him, they were to be forced to give up their Castles to him. He readily heard them, and took the first occasion, to put their Advice in Execution. Which was done after this Manner; At Oxford, about the 24th of June, was a [5.] Ibidem. n 40, 50. f. 103. a. lin. 1. etc. An Affray between the Servants of the Bishops of Salisbury and Lincoln, and the Servants of the Earl of Britanny. The Bishops brought before the King's Court. Ordered to deliver their Castles to the King. Meeting of the Great Men, where were these two Bishops; (William of Malmsbury reports, he heard the Bishop of Salisbury say, he had no mind to the Journey, and undertook it with great Reluctancy, for that he could be of no use to the King) and so it happened, that the Retainers and Servants of the Bishops, and the Retainers and Servants of Alan Earl of Britanny quarrelled, about taking up Lodgings; from Words, it came to Blows, many were wounded, and one Knight killed, but the Bishop's Men were superior in the Conflict. The King takes the advantage, Commanded the Bishops to be Convented, that they might satisfy his Court, for that their Men and Servants had broken the Peace; and the satisfaction was to be, the delivery of their Castles to the King, as security for their Faith. They were willing to give satisfaction: but considering whether they should yield up their Castles, he commanded they should be kept with greater strictness, lest they should make their escapes. They delay to do it, and are kept with greater strictness. Roger Bishop of Salisbury was carried unbound, and his Son Roger, the Chancellor of England, which he had by Maud of Ramesbury his Concubine, was carried in Fetters, before the Castle of Devises, which his Nephew Nigell Bishop of Ely, (who fled from Oxford thither) held out against the King. The Castles of Salisbury, They deliver their Castles. Sherborn, and Malmesbury, were delivered upon the first demand; and the Devises after three days: the Bishop of Salisbury of his own accord, without force, resolving to fast, until it was in the King's possession, that he might incline his Nephew to yield, who otherwise would have defended it as long as he could. His other Nephew Alexander Bishop of Lincoln purchased his Liberty by rendering his Castle speedily. Ordericus Vitalis tells this Story otherwise; He [6.] F. 919. D. 920. A. B. The foregoing Story differently reported by Ordericus Vitalis. Episcopi pellex, principalem munitionem servabat. William de Ipre threatens to starve the Bishop of Salisbury, and hang the Chancellor of England, if the Bishop of Ely delivered not the Castle of Devises. says, Walran Earl of Mellent, and his Brother Robert, with Alan Earl of Britanny, sought occasion of Quarrel with the Bishops; and that after the Affray, when the Bishops Roger and Alexander were taken, the Bishop of Ely escaped to the Castle of Devises, and fortified it, in which Maud of Ramesbury, the Bishop of Salisbury's Harlot, kept the chief Place of Strength. The King hearing of this, was very angry, and sent William of Ipre, a Fleming, before with an Army, to take in the Castle; who carried Roger the Bishop, and Roger the Chancellor with him, and swore the Bishop should not eat until it was delivered to him; and further, erecting Gallows before the Castle Gate, threatened forthwith to Hang the Chancellor; Maud to redeem her Son, sent to the King, that she would surrender the Keep, or chief Place of Strength she was in, which forced the Bishop of Ely to give up the whole Castle, in Consideration he might have his Liberty. This Act of the King made a great noise, [7.] Ib. n. 10. Hugh Archbishop of Roven defends King Stephen. Hugh Archbishop of Roven, a great Friend to, and Defender of the Cause of King Stephen, was of Opinion, it was but just Bishops should be deprived of their Castles, which were not built by allowance of the Canons Ecclesiastic; they ought to be Evangelists of Peace, not Architects of such Houses, that were to be Places of Retreat and Security to them for their Evil Do. Henry Bishop of Winchester, King Stephen's Brother, and the Pope's Legate, affirmed, [8.] Ibidem. & n. 20, 30, 40, 50. The Bishop of Winchester, and Pope's Legate, commanded the King to appear in a Council of Bishops, &c That if Bishops transgressed in any thing, they were not to be tried in the King's Court, but to be judged by the Canons; nor to be deprived of any thing, but by a public and Ecclesiastical Council; and forthwith commanded the King, his Brother, to be present in the Council he intended to hold at Winchester on the Twenty ninth day of August. On that day appeared most of the Bishops of England, A Council of Bishops at Winchester. with Theobald Archbishop of Canterbury; Thurstan Archbishop of York was excused, both in respect of Health, and present Care in the Defence of the North parts against the Scots. The Pope's Legate aggravates King Stephen's supposed faul●s. The Legate first produced his Commission from the Pope, and then made a Latin Speech to the Clergy, wherein he aggravated his Brother's Fact, in that he should Command the Bishop of Salisbury to be taken in his Chamber at Court, and the Bishop of Lincoln in his Lodgings without notice; And Exhorting the Archbishop and others, to consult what was needful to be done, telling them, that for the loss of his Brother's Friendship, or of his Possessions, or Head, he would not forbear to put in Execution the Decree of the Council. The King not distrusting his Cause, sent some of the Earls into the Council, And was resolute against him. to know why he was called thither; The Legate immediately answered, That he who was guilty of such a Crime, as that Age never saw, knowing himself to be a Christian, ought not to take it heinously, if he was called by the Ministers of Christ to make satisfaction. They might therefore tell his Brother, that if he would take his Advice, by the help of God, it should be such, as neither, the Roman Church, the Court of France, or their Brother Earl Theobald, (a Pious and Religious Man) would find fault with; which was, That he should do wisely, either presently to give a Reason of this Action, or submit to the Judgement of the Canons. The Earls when they had heard what was said, went out, and not long after returned again. [9.] Ibidem, b. lin. 6. Rex Comitem Albericum de Ver ad Go●cilium misit. M. Paris, f. 77. n. 50. Alberic de Ver, a Man much Exercised in Law Controversies, accompanied them, and carried the King's Answer. This great Lawyer in [1.] Ibidem, n. 10.20. Alberic the Ver's Defence of the King, and Accusation of the Bishops. Defence of the King, and against the Bishops, urged, That the Bishop of Salisbury had been very injurious to him, That he very seldom came at Court; also, That his Men, or Retainers, presuming upon his Power, moved Sedition: who as well at other times, as lately at Oxford, had done violence to the Men, or Followers of the Nephew of Earl * Earl of Britanny and Richmond. Alan, and likewise to the Men of Hervey of Lions, who was of such Nobility and Spirit, that though King Henry had often Requested him, yet he would never vouchsafe to come into England. The Affront, he said, reflected upon King Stephen, for the love of whom he came over. Further, he accused the Bishop of Salisbury, That he privately favoured the King's Enemies, which appeared to him in many Instances, but most especially in that, when Roger Mortemer, with the King's Troops which he commanded, fled for fear of those belonging to Bristol, he would not permit them to Quarter one Night in Malmsbury; That it was general Discourse, that he with his Nephews and Castles, as soon as the Empress should arrive, would declare for her. He added, That he was taken not as a Bishop, but as the King's Servant, that had transacted the King's Business, and received Wages for so doing; That the Castles were not taken from them, but they freely rendered them to escape the Accusation and Danger of the Tumult they had raised in the Court. That the small Sums of Money which were found in the Castles, did lawfully belong to the King, for that in the time of his Uncle King Henry, his Predecessor, the Bishop * He was then Treasurer, and what ever he asked of King Stephen Lands, Castles, etc. he denied him nothing. had taken them from the Revenue of the Exchequer. That he willingly parted with them, and the Castles, as a Composition for the Crimes he had committed; And of this (he told the Council) the King wanted not Witnesses; and therefore he advised, the Composition between him and the Bishops might remain firm. The Bishop of Lincoln was only accused of an old grudge he bore to Earl Alan, and was therefore made the Author of the Tumultuous Actions, and Violence committed by his Followers. The Bishop of Salisbury [2.] Ibidem, n. 30, 40, 50. The Bishop of Salisbury threatens to Appeal to Rome. Replied, he never was the King's Servant, nor had received his Wages: and threatened, that if he could not find Justice in that Council, he would seek it in a greater Court. The Legate said it ought to be enquired, whether all those things, of which the Bishops were accused in that Council, were true, before they could be sentenced. And therefore, according to the practice in Secular Courts, the King should revest them in their Possessions, (alioqui jure gentium * See Preface to the Norman Story, f. 170. C. D. dissaisati, non placitabunt) otherwise remaining disseised, by the Law of Nations they shall not Plead. Much having been said on both sides, at the King's Request, the Cause was adjourned unto the next day, and to the next after that, until the Archbishop of Roven came; who granted, the Bishops should have Castles, The Archbishop of Roven defends the King, and baffles the Bishops. if they could prove by the Canons, they ought of Right to have them; And be it so (saith he) that they may have Right, yet certainly, the Times being suspicious, all the great Men, according to the usage of other Nations, aught to permit their Places of Strength to the King's pleasure, who is to defend them all. Alberic de Ver added, Albrric de Ver rebukes them for their design of Appeal to the Pope. That if they presumed to send any of the Bishops or other Persons out of England, to appeal at Rome, contrary to his Will, and the Dignity of the Kingdom, their Return would be very difficult. By this they [3.] Ibid. f. 104. a. lin. 2. The Bishops forbear to Censure the King according to the Canons, and why. The Legate and Archbishop cast themselves at the King's Feet, to persuade him, etc. understood the King would not endure the Censure of the Canons, and therefore the Bishops thought it was best to forbear Pronouncing it, for two Reasons; First, That it would be a rash thing to Excommunicate a Prince, without the knowledge of the Pope; Secondly, Because they saw some of the Military Men draw out, and brandish their Blades; and so they parted; and this Council was dissolved on the first of September. Yet the Legate and Archbishop, according to their Duty, threw themselves at the King's Feet in his Chamber, beseeching him to be Merciful to the Church and his own Soul, and to consult his Reputation, so as he might not suffer a Breach to be made, between the * Inter Regnum & sacerdotium. Secular and Ecclesiastic Governments. On the Thirtieth of the same [4.] Ibidem, n, 10.20, 30. A. D. 1139. Earl Robert and his Sister land at Arundel. September, Robert Earl of Gloucester, with his Sister the Empress, and only 140 Knights, or Horsemen, (which the Historian says, he had from very true Testimony) landed at Arundel in Sussex; where did at that time reside in the Castle Adeliza, her Mother in Law, who had received it, and the [5.] M. Paris. f 77. n. 40. County of Sussex in Dower, from King Henry the First, whose Widow she was, but than Married to William de Albini. The Earl left his Sister at Arundel Castle, The Earl goes toward Bristol. under the Protection of her Mother in Law, who had often sent for her by special [6.] Malmsb. ut supra. Messengers, and with twelve Knights only, or Men at Arms, went towards Bristol. The King came presently before Arundel, and [7.] Hen. Hun. f 223. a. n. 40. besieged it; Her Mother in Law (whether it were because she came over with so small Force, or whether it were for the not resorting of the great Men to her) (most of which, [8.] Malmsb ut supra. Adeliza the Empresses Mother in Law grows weary of her, and she prevails with King Stephen to suffer her to go to Bristol. either opposed, or did not assist her, except some few that kept the Faith they had sworn to her) soon grew weary of her, so that she desired, and obtained leave of King Stephen, under the Conduct of Henry Bishop of Winchester, and Waleran Earl of Mellent, to go to Bristol to her Brother, who with some Troops met her at the place appointed by the King, and conveyed her thither; but soon after he sent her to Gloucester, to remain under the Guard and Defence of * This Milo is sometimes called, Milo de Gloucestria, Comes Constabularius, & Regius Constabularius; and so he was until he revolted from him, Cont. of Flor. Wigorn. f. 673. Several Towns and Castles revolt to the Empress. Milo, to whom he had, in the life of King Henry, committed the Custody of that Castle, having done Homage, and sworn Fealty to him for it. When the arrival of the Empress in England was certainly known, several Towns, Castles, and Men of Note revolted, and did Homage to her as their Queen, after her coming to Bristol. [9.] Malmsb. f. 104. a. n. 40▪ 50. Hen. Hunt. f. 22●. a. n. 50 Chron. Norm. f. 977. A. B. Shrewsbury Town and Castle taken, some of the Defendants Hanged. The Governor of Dover affrighted, with that Example, yields the Castle. Geoffrey Talbot, with the City of Hereford, declared for her,— Paganell, and the Town and Castle of Ludlowe, and a great part of Wales. William Moiun, and Dunster Castle, Ralph Luvell, and Castle-Cary, William Fitz-John, and the Castle of Harpetre, all in Somersetshire; Robert the Son of Alured of Lincoln, and Warham Castle and Town, all submitted to her, and William Fitz-Alan with the Town of Shrewsbury: which he quitted, when the King came against it, and left a Deputy in it, who made Oath to him to defend it; In few days he took the Town and Castle, and Hanged some of the Prisoners, which had such effect upon Walchelm Maminot, the Governor of Dover Castle, which the Queen then besieged, that so soon as he heard it, he yielded it to her. The King marched with his Army from place to place, and Castle to Castle, endeavouring to take them in, but where he had no hopes of doing it, he built an Anti-Castle or Fortress commonly before the Gate, at a small distance, either to keep them in, and so starve them, or to prevent their going out in great Parties into the Country, and so in a great measure preserve that from Plundering. While King Stephen was thus employed, [1.] Hen Hun. ibid. b. n. 10, 20, etc. Chron. Norm. ut supra David King of Scots invaded England, on behalf of his Niece the Empress. David King of Scots with a great Army invaded Northumberland, and the North Parts; By the Direction and Advice of Thurstan Archbishop of York, and Walter de Espec, a powerful Baron of Northumberland. A great Standard, in form of a Dragon was fixed at Alverton, (now North-Alverton in Yorkshire) to which the Forces and Volunteers of those parts resorted, which were raised by the Industry, Diligence, and great Pains of the two Persons last named, with their Friends. A great accession of Force they had from William Earl of Albamarle, William Peverel of Nottingham, Roger de Molbraio, or Mowbray, and Ilbert Lacy. These with Walter de Espec, under the Earl of Albamarle, were the great Commanders; The English kept close to their Standard, the Scots charged them furiously, and were received, and beaten back, and then charged by the English with great Courage and Resolution, His Army Routed. whereupon they fled, and the English obtained a complete Victory, killing 10, or 12000 upon the place. This was the famous Battle of the Standard, The famous Battle of the Standard. largely described by Richard Prior of Hagustald, and of which Ailred Abbot of Rievall hath written a particular Tract. The War in England between Maud the Empress and King Stephen managed with great Rap●ne and Barbarity. Hence forward, during all of this King's Reign, in most of the Historians, we read of nothing almost, but Fire and Sword, Blood and Slaughter, Rapine, Plunder, and Captivity; One full Instance whereof, I will give you from an Eye-Witness, the Continuer of the Chronicle of Florence of Worcester. The [2.] Contin. F●or. Wigorn. f 671, 673. A. D. 1139. Worcester burnt and taken. Clergy and Citizens of Worcester had often received King Stephen with great Joy and Kindness: They were told that their Enemies from Gloucester would suddenly come and Burn, Waste, and Plunder their City; They were much terrified at the Report, and Consult what to do. The Result was, They should betake themselves to the Protection of Christ, and his Blessed Mother: commit themselves to the Tuition of St. Oswald and Wulstan, sometimes Bishops of that City. Those that were present might see all the Citizen's Goods carried into the Cathedral. There was scarce room in the Monastery for the Clergy; All the Hang and Ornaments of the Church and Altars were taken down, and laid aside; The Clergy sang within the Church, the Mothers and Children cried, and lamented without. On the Seventh of November, (on which day began a great Frost) the City of Gloucester came with a great Army of Horse and Foot, By these words it appears the Monk was then present. to take, spoil, and burn the City of Worcester. Nos autem (saith the Monk) timentes Ornamentis San●uarii, benignissimi Patroni nostri Oswald, reliquias, Albis induti tota sonante Class, etc. But we fearing the Ornaments of the Sanctuary carried abroad in our Surplesses, the Relics of our most benign Patron Oswald, with humble Procession, the whole Choir and Company singing aloud, and walking with them, in the Churchyard, from one Gate to another, to the terror of our Enemies, who attacked a strong Fortress on the South side of the City, The Rapine of the Soldiers. and were beaten off: from thence they go and assault the North side, where they enter, and fire it in many places, and burn a good part of the City, but the greater part stood. They had a very great Prey of the Citizen's Goods, and of Oxen, Sheep, Cowes, and young Cattle, and Horses in the Country; They took very many in the Lanes and Streets, and coupled them together like Dogs, and carried them away; and had they, or had they not wherewithal to pay the Price put upon them, they were compelled to pay such Ransom, as by Oath they had promised. On the Thirtieth of [3.] Ibidem, f 673. The Earl Worcester's revenge for the destruction of that City. The Earl of Worcester who he was. November, (a) The Earl of Worcester was Waleran Earl of Mellent, now Meulan, seated upon the River Seyn in Normandy; [5.] Dugd. Baron. Tom. 1. f. 225. col. 2. Hen. Hunt. f. 226. a. n. 50. he was made so by King Stephen, and William de Bello Campo or Beauchamp of Elmly Castle in that County, turned out, who was Hereditary Castellan at Worcester, and Sheriff of the County by Emelin his Mother, Daughter and Heir of Vrso de Abe●ot. the Earl of Worcester came to the City, and when he saw how it was burnt, was much grieved; and perceiving what injury he had received, gathered together some Forces, and went to Sudley in Gloucestershire to be revenged upon (b) He was Son to Harold, who was Son [6.] Ibid. f. 21. col. 2. f. 428. col. 2. Flor. Wig. f. 629. Anno Dom. 1055. John Fitz-Harold who he was. to Ralph Earl of Hereford, in Edward the Confessors time; which Harold is to be found in Domesday-Book in Gloucester, and Warwick-Shires, noted thus, Heraldus filius Comitis Radulfi. Ralph's Father was Walter de M●dunta, now Mant, in or near Normandy, who Married Goda, King Edward's Sister, and was a Norman or Frenchman. This John Fitz-Harold had the Seat of his Barony at Ludley Castle in Gloucestershire, from whence he was sometimes called John de Ludleagh. John Fitz-Harold, who had deserted the King, and gone over to the Earl. There he stayed two days, Sis Soldiers Rapine. and rendered Evil for Evil: bringing many Men with their Goods and live Cattle to Worcester. Not long after the King came from Oxford to Worcester, with a great Army; and saw what had been reported concerning the destruction of it; From thence he went to Oxford again, and from thence to Salisbury, where he kept his Christmas. After that Solemnity, he came to [4.] Ibidem, & f. 674. An. Dom. 1140. Reding, and there lay a while, and Recruited his Army, and marched toward the Isle of Ely: the Bishop whereof he always suspected; there he found some Resistance, but the Bishop seeing he could not defend it, against the force of the Army, fled to Gloucester to the Earl. The Isle of Ely taken by King Stephen. The King placed a Garrison in the Isle, and returned to Worcester with the Earl thereof, and a very great Army, with which he went to reduce Hereford. In the mean while he remained before that place, * See all these Practices affirmed by William of Malmsbury, f. 105. a. n. 10, 20. The Earl of Worcester's further Revenge, he burns Tewksbury, and returns to Worcester with great Spoils. the Earl mindful of the Injuries his Citizens had received, with a great Multitude of Armed Men, set upon Tewksbury, and burned the Magnificent House of Robert Earl of Gloucester, and all things round about, with the Houses of others, and their Goods, within a Mile of that City; He spared only the Goods of the Church of Tewksbury, being overcome with the importunity of the Abbot and Friars. The Spoils taken were great, as well of Men, as of Goods, and Beasts; but after a while, such as were led Captive, were unbound, and had liberty to go home. The Earl the next day, when he returned to Worcester, protested to all Men, That he neither in Normandy, or England, had burnt more Places and Houses at one time. This was the way in Normandy, and from thence brought hither: This way of Burning and Rapine brought out of Normandy. The manner how the Normans executed their private Revenges one upon another. If any Earl or great Man found himself aggrieved by another, injured, or highly affronted, they frequently got together all their Men at Arms, or Knights that held of them, their other Tenants, and poor Dependants, and as much Assistance from their Friends and Confederates as they could, and burned one another's Castles or Houses, destroyed their Lands, and small Territories, and carried away the Inhabitants Prisoners. These were private Hostilities, and Revenges between Man and Man; but if there was a Title in the Case, and siding, one, for one Pretender, another, for another, they invaded one another after this manner, with more assurance and confidence, under the Notion of a Public War, and asserting the Right of that side they struck in withal, and were almost constantly encouraged, rather than checked by the Pretender. The Norman Histories abound with these Stories; See Ordericus Vitalis in the Lives of Rufus, Henry the First, and this King Stephen especially, wherein these inhuman Ravages were as frequent, and more barbarous than in England, for many years, until Geofry Duke of Anjou, obtained Normandy, which was the Inheritance of his Wife Maud the Empress, as well as the Crown of England. The Readers may wonder, what they did with their Prisoners and Captives? This Author, The Continuer of Flor. of Worcester, [7.] F. 672. will resolve them; The Soldiers sold their Prisoners, and put them to Ransom. Militibus in stipendium dantur, & venduntur vicorum & villarum Cultores, atque habitatores, cum rebus suis universis, ac substantiis. Such as Manured and Cultivated Towns and Villages, and the Inhabitants thereof, were given to the Soldiers as their Wages, and were sold with their Goods and Substance. In this King's Reign, there were in England [8.] Camden. Britan. f. 199, 200. so many Tyrants, as there were Lords of Castles; every one pretending to Coin Money, and to exercise the Rights of Majesty. The King had with him, very many Flemings and Britain's, who were accustomed to live by Plundering, that came to England in expectation of great Booty. Presently after [9.] Malmsb. f. 105. b. n. 10, 20. A Treaty of Peace propounded by the Legat. Whitsunday this year, by the Mediation of the Legate, there was a Treaty of Peace in a Plain near Bath; The Commissioners for the Empress were Robert Earl of Gloucester, and others; for the King, his Brother the Legate, the Archbishop of Canterbury, Theobald, and the Queen; The Empress was inclinable to Peace, but the King, by the Advise of those about him, averse to it, so as this Treaty soon ended without effect. [1.] Ibidem. It ended without success. Toward the later end of September, the Legate went over into France, to Confer with the King, and Theobald Earl of Blois, (King Stephen's elder Brother) about the Differences in England, and how they might be Composed. Proposals offered to them by the Legate, the Empress accepts, the King refuseth them. He returned about the end of November, and brought with him such Proposals for Peace, as the Empress and Earl assented to, but the King delayed his Answer from day to day, and at last refused them. In the [2.] Ord. Vit. f. 921. A. B. year 1141. according to [3.] F. 105. a. n. 30. An. Do. 1141, 1142. Lincoln Castle surprised by the Earl of Chester. Malmsbury 1142. Ranulph Earl of Chester, who had Married the Daughter of Earl Robert, and his Brother by the Mother, William de Rolmara, or Raumara, surprised the Castle of Lincoln; The Citizens, who much favoured the King, sent to let him know, that both the Earls were very secure in the Castle, and thought not of his coming: that they might easily be taken, and that they would assist him in taking of them. The King besieged it. The King makes haste, and invests the Castle in Christmass-Holidays; The Citizens hearing of his coming, seized seventeen Men at Arms, that were out of the Castle, in the City, and made them Prisoners. The Earl of Chester makes his escape, and solicits Assistance from the Empress, and Earl of Gloucester. The Earl of Chester, in the Night, gets out of the Castle, goes into his own Country to raise Friends there, and Welsh; He further applied himself to his Father in Law, (being very solicitous for the safety of his Brother, and both their Wives, which he left in the Castle) and to the Empress, promising her all future fidelity, and begged their Assistance. The Earl of [4.] Ord. Vit. f. 921. C. D. f. 922. A. B. The Earl of Chester obtains Assistance. Gloucester takes hold of the occasion, joins the Forces he had, and others he immediately raised, with those of his Son in Law, and marched toward Lincoln; Upon his approach, the King marched towards him in Battalia, his Army consisting of a Main Body, and two Wings; He Commanded the Main Body himself: one of the Wings consisted of Flemings, which William de Ipre Commanded, and of Britain's, which Earl Alan Commanded: The other was Commanded by Waleran Earl of Mellent; There were also in this Army William de Warenna, Gilbert de Clare, and Balduin, Fitzvrse, Engelran Say, and Ilbert Lacy. The Battle of Lincoln. The Earls Army was drawn up in the same manner; Robert Earl of Gloucest●r led on the Main Body, the Earl of Chester one Wing, a● the two Brothers Mariadoc and Kalader the Welsh, which made the other Wing. The Welsh charged the Flemings and Britain's, and soon routed them; The King's Army routed. The Earl of Chester charged the Earl of Mellent, who fled presently; King Stephen shown his Personal Courage in this Battle, His Personal Courage. He is taken Prisoner. he fought bravely and stoutly against the Earl of Gloucester, until he was deserted by all his Horse, when he yielded himself to him. Baldwin de Clare, Richard Fitzvrse, Engelran de Saia, and Ilbert Lacie stayed by the King, and fought valiantly so long as they were able. The City plundered, and many Citizens killed. After the Battle, the Earls Army miserably wasted the City, and requited the Citizens for their kindness to King Stephen, by killing very many of them. The [5.] Malms. f. 106. a. n. 40. He is Imprisoned at Gloucester, and put in Irons. Earl presented the King to his Sister, then at Gloucester, from whence, for more security, he was carried to Bristol, where he was Honourably used, until by the instigation of some, who affirmed, that he had been several times out of the places appointed for his safe Custody, especially in the night, by the Connivance of his Keepers, and therefore was put in Irons. The Empress and Earl [6.] Ib. n. 50. & b. n. 10, 20. with great importunity, by Messengers, moved the Legate, that she might be received to the Government, as the Daughter of King Henry, to whom all England and Normandy had sworn Fidelity. A Treaty between the Empress and Legate in an open Plain. Her Oath to him. On the third Sunday in Lent, they came to a Conference in an open Plain by Winchester. The Queen swore to the Bishop, he should Order and Direct all the great Business in England, and should dispose of all Bishoprics and Abbeys, if he would keep perpetual Fidelity to her, and with Holy Church receive her as Queen. The Earl of Gloucester, Brian Fitz-Count * March●o de Walingford; He was Constable of Walingford Castle. The Legate acknowledged her Queen. His Oath to her. Marquis of Wallingford, and Milo of Gloucester, afterwards Earl of Hereford, and some others, did together with her swear the same things. The Bishop then acknowledged her Queen of England, and some of his Friends with him, made Oath to her, That so long as she should make good what she had promised him, he should be faithful to her. The next day she was received into the City of Winchester, and the Cathedral, with a Noble Procession; The Legate led her into the Church by the Right Hand, and the Bishop of St. David's by the left. There were many Bishops, Abbats, Barons, and Knights present. [7.] Contin. ●lor. Worcest. f. 676. The Legate Cursed those which Cursed her, and Blessed those which Blessed her; Those which were Obedient to her Commands, he Absolved: such as were not, he Excommunicated. From Winchester she went with the Court to Wilton, where came to her Theobald the Archbishop, and made his Recognition of her as Queen; Here she kept her Easter, and there was a mighty affluence of People. On the Ninth of [8.] Malms. ut supra, n. 30, 40, 50. f. 106. a. lin. 1. etc. The Monk of Malmsbury says, he was present in this Council, and gave great attention to what was done. April, there was a Council of all the Bishops of England, and many Abbats at Winchester, in which the Legate presided, notwithstanding the Archbishop of Canterbury was there. The Legate had private Conference with the Bishops apart, with the Abbats apart, and with the Arch-Deacons apart. The next day he makes a Speech to them all; Setting forth the cause of their meeting, was to Consult of the Peace of the Country: tells them of the flourishing estate of the Kingdom, The Legates Speech to the Bishops. in the Reign of King Henry, That many years before his death, he had received an Oath of England and Normandy, for the Succession of his Daughter and her Issue; That she being in Normandy at the time of his death, delayed to come into England; for the Peace of the Country, his Brother was permitted to Reign. He says further, That though he made himself a Pledge between God and him, that he should Honour and Exalt Holy Church, maintain the good Laws, He accuseth his Brother King Stephen of many Crimes. and abrogate the Evil: yet it grieved him to remember, and he was ashamed to speak how he had behaved himself in the Kingdom: the Peace of it was destroyed, and no Punishment inflicted upon Evil Doers; Bishops were imprisoned, and forced to deliver up their Possessions; Abbeys were sold, and Churches rob; The Counsel of ill Men took place, and the Advice of good Men was despised. That he had Convented him before a Council of Bishops, and got nothing but hatred for it; He ought indeed to love his Mortal Brother, but much more the Cause of his Immortal Father; and therefore seeing God had exercised his Judgement upon him, to let him fall into the hands of powerful Men, lest the Kingdom might be ruined for want of a Governor, He declares the power of Electing Kings to be in the Clergy. I have called you all hither by my Legantine Power; yesterday the Cause was propounded in private, to the greatest part of the Clergy of England, to whom of right it belongs to Elect and Ordain a King; and therefore, after having (as is meet) invoked the Divine Assistance, They elect Maud the Empress' Queen. we Elect Maud, the Daughter of the Peaceable, Glorious, Rich, and in our time, incomparable King, Queen of England; and to her we promise our Faith, and Defence of her Person and Government. All that were [9.] Ibidem, n. 10. present either assented to what he said, or by their silence seemed not to contradict it. The Legate adds; We have summoned the Londoners, The Londoners present in this Council. (who in respect of the greatness of their City, may be compared with the great Men of England) and sent them a safe Conduct; and that he hoped they would not stay beyond the next day: and therefore they would expect them. The Londoners came accordingly, and were brought into the Council; and said they were sent from the Community of London, Not as Members, but Petitioners to it. (as it was called) That they came not to make Debate and Contention, but to Petition, that their Lord the King might be delivered out of Prison; and the same did all the Barons which had been lately received into that Community earnestly desire, of the Legate, the Archbishop, and all the Clergy present. The Legates Answer to their Petition. The Legate answered at large, and with a Grace, That it became not the Londoners, who were esteemed as Noblemen in England, to side with such, as had forsaken their Lord in Battle, who by their Advice had made Holy Church Contemptible; That they favoured the Londoners, but for their own advantage. There stood up one whose [1.] Ibidem, n. 20. King Stephen's Queen moves the Council for her Husbands Release. name was Christian, a Chaplain to King Stephen's Queen, and offered a Letter from her to the Legate, which, when he had read, would not Communicate it to the Assembly; The Chaplain, with great Confidence, read it himself: The Sum whereof, was, That she earnestly entreated all the Clergy, and by name, the Bishop of Winchester, her Lords Brother, to restore him to the Kingdom, whom wicked Men, his Feudataries, had cast into Prison. To this the Legate gave such an [2.] Ib. n. 30. The Legates Answer to the Queen's Request. The Londoners Answer to the Council, Answer as he had before given to the Londoners; who consulting together, said, They would Communicate the Decree and Resolution of the Council to their fellow Citizens, and comply with it as far as they could. This done, [3.] Ibidem. King Stephen's Friends Excommunicated. many of the King's Party were Excommunicated, by name William Martel, who had been his Butler, and was then his Steward, whose Advice the King had followed in many things; and so this Council was Dissolved, which sat only three days: For the first meeting was [4.] Ibidem, fol. 105. b. n. 20. The Council sat but three days. Feria secunda post Octavas Paschae, which was Wednesday in the Week after Easter-week, and it ended [5.] Ib. f. 106. a. n. 30. Feria quinta, of the same Week, which was Friday. From Wilton the [6.] Cont. of Flor. of Worc. fol 676. Oxford Castle delivered to the Empress. She comes to St. Alban, and so to London. And gives Orders for the Government of the Nation. Empress went to Reding, where resorted to her a great Confluence of People; Robert D'oyley came thither, and offered her the Castle of Oxford: She went thither, and received the Homage of that City, and the Country round about. From thence she went to the Monastery of St. Alban, where many Citizens of London met her, and Treated about delivering the City to her: To which place she came, thinking herself secure, with a great Company of Bishops and Barons. At Westminster she was received with a stately Procession, and stayed there some days to give Directions and Orders about the State of the Kingdom; and first of all provided for the welfare of the Church. This Matter being over, King Stephen's [7.] Ibidem, f. 677. The Empress solicited for the Liberty of King Stephen, and other things, which she denied, as the Laws of King Edward. Wife solicited the Empress for her Husband's Liberty: She was also solicited by many of the Prime Men of England, that upon Hostages given, and Castles delivered up to her pleasure, the King might be released, and restored to his Liberty, not to his Kingdom; They undertaking to persuade him, to quit his pretence to the Kingdom, and to devote himself to the Service of God, either as a Monk or Pilgrim. This she would not grant. The Bishop of Winchester solicited her, to give the [8.] Ibid. & Malms. f. 106. b. n. 10. And the Earldoms of Bologn and Moreton to be settled upon Eustachius, King Stephens Son. Earldoms which were his Brothers, viz. Bologn, and Moreton, or Mortaign in Normandy, to his Son Eustachius. This she likewise denied. Then the Londoners moved her, they might live under St. Edward's Laws, which were the best, and not under her Father, King Henry's, which were grievous. But she, not being well advised, consented not to their demands. For this her Rigidness, (as was pretended) the Londoners [9.] Cont. of Flor. f. 677. The Londoners Conspire against her, and intended to take her privately. Conspired against her, and intended to seize her privately; but she having notice of it, fled suddenly, leaving all her Goods behind her. The Legate seeing this, cast about, how he should deliver his Brother; and that he might do it effectually, he applied himself to the Londoners, who, the Monk of Salisbury [1.] Vt supra, a. n. 50. says, were always suspected, and never Cordial in the Reception of the Empress, and only complied, until they had an opportunity to show themselves. Having this advantage, the Legate went to his Brother's Wife [2.] Malms. ut supra. The Legate contrives how to set his Brother at Liberty. at Guildford, to discourse with her about his Design; She with Tears and Promises, that her Husband should make satisfaction for his former deportment, urged him forward. He, without the Advice of the Bishops, He absolves his Friends. And publisheth his Complaints against the Empress. absolves all those of his Brother's Party, which he had Excommunicated in the Council, and published through England his Complaints against the Empress: That she would have taken and imprisoned him: That what ever she had Sworn to observe signified nothing: That the Barons had performed their Oaths to her, but she had violated hers, and knew not, with moderation, how to use the things she had acquired. The Empress when she left London in such haste, went through [3.] Count of Flor. of Worc. fol. 677. The Empress goes to Oxford, etc. Milo of Gloucester made Earl of Hereford. His great Kindness and Beneficence to her. The Earl of Gloucester goes to Treat with the Legate. Oxford to Glouc●ster, and by the Advice of Milo, her constant Friend, and faithful Subject, she presently returned to Oxford again, and stayed there until her dispersed Troops came thither to her. At this time she made Milo of Gloucester Earl of Hereford, in Remuneration of his Services; He was not only a just, faithful, and courageous Counsellor, but, next to her Brother, was her chief support: for from him, and at his sole Charge, she had received all her Diet, from her first coming to Gloucester, which was then above two years. Our Historian says, he heard this from his own Mouth. The Earl of Gloucester in the mean time, [4.] Malmsb. ut sup. n. 20. He is no Friend to the Cause of the Empress. went with a few Followers to Winchester, to try if he could compose these Commotions by Discourse with the Legate, but returned to Oxford (where his Sister had then fixed her Residence) without success. She, by her Brother's Relation, finding the Legate had no kindness for, or inclination to her Cause, marched to [5.] Ib. n 30, 40, 50. Cont. of Flor. ut sup. She marcheth with an Army to Winchester. Ego me parabo. The principal Adherents to the Empress. The Bishop of Winchester and Legat sends for the Londoners. Winchester blocked up and fired. Winchester, with such an Army as she could get together, and was without difficulty received into the Royal Castle there: and sent for the Bishop to come to her without delay. He thinking it not safe, eluded the Messengers with an ambiguous Answer, That he would prepare himself. And immediately sent for all he knew favoured King Stephen; Most of the Earls of England came to him, who were young, light Men, such as the King advanced. With the Empress were David King of Scots, Robert Earl of Gloucester, Milo, then of Hereford, and a few Barons; Ranulph Earl of Chester came slowly towards her, and to no purpose, as it appeared in the Issue. The Legate had likewise sent to the Londoners, who came in great numbers, and by their assistance the City was blocked up, all Passages to it being so guarded, that Victuals and Necessaries could not be brought into it without difficulty and danger. While they were thus straightened without, Fire was thrown from the Bishop's Tower upon the Citizen's Houses, because they were more inclined to the Empress, than to him; This Fire took hold of a Nunnery within the City, and burned it down, and of the Abbey called Hide without the City, and burned that down; William of Ipre burned also the Nunnery of Warwell, which was six Miles from Winchester. The City being thus, as it were, besieged, [6.] Malmsb. f. 108. a. n. 10, 20, 30. Earl Robert sends the Empress from Winchester. He is taken Prisoner. the Earl prepared for their departure, and sent his Sister before, with the greatest part of the Army, and best Troops; Marching in great order, he followed some time after with a few, but such as feared not many. The Earls immediately follow him, and while he thought it a dishonour to ●ly, he was set upon by all of them, and taken; The rest, the noblemans especially, with great speed kept on their Journey, and escaped to the Castle of Devises. So they left Winchester on the day of the Exaltation of Holy Cross, Septemb. 14. having come thither some few days before the Assumption of the Blessed Virgin. August 15. His firmness to his Sister's Cause. The Earl was sent Prisoner to Rochester, and attaqued both by large Promises, Persuasion, and Threats, to leave his Sister's Cause, but nothing * Malmsb. f. 109. a. b. The King and Earl exchanged upon equal Terms. could prevail with him to desert her; At last the King and he were Released, and Exchanged upon even Terms, and left to pursue their several Interests. Several Propositions for both their Liberties had been made and discoursed of, from the day the Earl was taken, until All-Saints, at which time the Exchange was agreed to on both sides. After they were free the King came to Winchester, and the Earl went to his Sister at Oxford, the place of her constant Residence. The Legate proceeds in his Design to ruin the Empress, Anno Domini 1142▪ or 1143. and by his Legantine Power [7.] Ibid. f. 108. a. n. 30. The Legates Design to ruin the Empress. calls a Council to meet eight days after St. Andrew at Westminster. The Pope's Letters to him are openly read, in which he is blamed that he did not more strenuously endeavour to release his Brother, and exhorted to use all Power, both Ecclesiastical and Secular to do it. The King [8.] Ibidem, n. 40, 50. King Stephen makes his Complaints in that Council. The Legate gives his Reasons, why he received the Empress. came into the Council, and complained that his Vassals or Feudataries, to whom he had never denied Justice, had imprisoned, and reproachfully used him to his great Affliction. The Legate by his Rhetoric endeavours to free his Invidious Actions from Censure, pretending he received the Empress by Compulsion and Necessity, not with Favour or good Will: for presently after the King's Army was routed, when the Lords either fled, or expected what would be the event of things, she with her Assistants came to Winchester, and what Bargain she made there, or Promises to preserve the Rights of the Church, she obstinately broke them all. Besides, he said, That she and her Friends had contrived not only to deprive him of his Dignity, but his Life, but God in his Mercy had beyond her hope, so ordered things, He Deposeth the Empress as far as he can. King Stephen's Title. He Excommunicates all Favourers of the Empress. that he escaped Destruction, and his Brother was freed from his Bonds; and therefore Commanded them on the behalf of God and the Pope, that they should aid the King with their utmost Power, who was Anointed by the Will of the People, and Assent of the Apostolic See; and to Excommunicate all Perturbers of the Peace, that favoured the Duchess of Anjou. The Historian says he was not present in this Council, and therefore [9.] Ibidem, lin. 37. could not say so exactly what was done in it, as in the former, but he thought the Legates words [1.] Ibid. b. lin. 1. etc. The Legates Speech in that Council not received by all, though by silence allowed. The Empress defended by a Laic. were not grateful to all the Clergy, yet none contradicted, and all for fear or Reverence kept silent; only one Lay-Messenger from the Empress, forbade the Legate to act any thing in that Council contrary to her Honour, by the Faith he had engaged to her; That he had given his Faith to the Empress, not to assist his Brother; That she came into England by his invitation; That she had taken the King, and kept him Prisoner, was by his Connivance. This the Messenger said and much more with great Briskness, but could not move the Legate to Anger, or to make Answer. From the time of this Council until [2.] Ibidem, f. 109. b. n. 10, 20, 30. An. Do. 1143. The Empress holds a Council at Devises. Lent both Parties were quiet, but then the King began to move, and the Empress likewise: and came to the Devises, and held a Council there, in which it was Resolved she should send for her Husband the Duke of Anjou, She is advised to send to the Duke of Anjou her Husband. Messengers go for him. to help her to recover the Inheritance of her and her Children; which Resolution was forthwith spread among the People, and Honourable Persons sent for him. About Easter the King fell sick at Northampton, and so continued until after Whitsunday. The Messengers return from Anjou, and deliver what they brought back to the Empress in a second Council holden at the Devises, which was, That her Husband desired Earl Robert should go over to him, He desires the Earl of Gloucester to go to him. and that it was in vain to send others. All present press him to go: he excuseth himself, upon the peril of the Journey, and the danger might happen to his Sister in his absence; They urge him again: he is willing, upon Condition he might carry with him Hostages or * These Pledges were the Sons or next Kinsmen of the Noblemen, and were left with Geofry of Anjou. He goes with Pledges, etc. Pledges, as well for the security of the Earl of Anjou, as his Sister: That they should stay with her at Oxford, and with all their force defend her. They all assented to him, and gave Pledges to be carried into Normandy. Robert [3.] Ibidem, ●. 40. The Duke of Anjou makes Objections against his going for England. taking leave of his Sister, with his Pledges and a Guard, went to Warham in Dorsetshire, of which Town and Castle he had made his eldest Son William Governor; from thence he set sail presently after Midsummer, and landed in an Haven near Caen; from whence he sent to the Duke of Anjou to come to him: he came, and made many Objections against his going into England; The chief was, That his stay in Normandy was necessary, that he might take in many Castles which yet held out against him. This indeed was a very weighty Objection at that time; for [4.] Ord. vit. f. 923. A. B. C. D. Chron. Norm. f. 981. A. B. Mat. Westm. f. 243. n. 50. Several of the Great Men of Normandy, and several Towns and Castles submit to the Earl of Anjou and the Empress. hearing of the Victory his Wi●e had obtained against King Stephen at Lincoln, he went into Normandy, and sent to the Noblemen to deliver their Castles to him, as of right they ought. Rotroc Earl of Mortaign in the County of Perche, Hugh Archbishop of Roven, John Bishop of Lisieux, and many other Bishops, Abbats, Earls, and Barons, and Governors of Towns and Castles submitted to the Government and Dominion of Earl Jeffry, and Maud the Empress; He had been, and was then busied in reducing such as would not yield. [5.] Malmsb. f. 109. b. n. 50. He sends his eldest Son Henry, with his Brother the Earl into England. This Objection caused the Earl of Gloucester to stay longer than he intended, for that he might not leave him without Excuse, he stayed and assisted him in the taking of ten Castles; yet he had fresh Objections, by which he put off his Voyage into England, but granted his eldest Son Henry should go with him, to animate and encourage those that defend the Cause and Title of the just Heir. In the mean time, while the Earl was absent, the [6.] Ibidem, f. 110. a. lin. 3. & n. 10, 20, 30.40. King Stephen takes Warham,— burns Oxford. Besiegeth the Empress in the Castle. The Noblemen, her Favourers, Rendezvous at Wallingford to deliver her. King suddenly came to Warham, and finding it without a Garrison, plundered it, and presently the Castle was delivered to him. From hence he marched toward Oxford, and three days before Michaelmass came unexpectedly upon the City and burned it, and besieged the Empress who was in the Castle, only with her Domestic Servants; and prosecuted the Siege so resolutely, that he declared, he would not leave it for the hope of any Advantage, or fear of any Loss, before the Castle was taken, and the Empress in his power. The Noblemen who undertook to defend her, were confounded, that they had been absent beyond their time, came with a great Force to Walingford, with intention to sight the King, if he would come forth into the open Field; but as he was lodged in the Town, it was concluded, they could not attack him, the Earl of Gloucester had so strongly fortified it, and made it Inexpugnable, but by Fire. The Earl comes out of Normandy. Takes Warham. Who hearing of this Siege in Normandy, hastened his return; He brought over with him in fifty two Ships, three hundred Men at Arms, and somewhat more: They came to Warham, and presently made themselves Masters of the Haven and Town, and besieged the Castle, which was defended by choice Soldiers the King had placed in it; but after it had been battered a while with the Earls Engines, and the Men wearied and affrighted, they desired a Truce (which was the Custom of those times) while they sent to the King to desire Aid, which if they received not by the day appointed, they would deliver the Castle. This was granted, with hopes it might draw the King from his Siege of the Empress; but the King would not stir: The Isle of Portland and Lulworth Castle delivered to him. whereof the Defendants having notice, the Earl had at the same time this Castle, and the Island of Portland delivered to him, and a third place called Lullewerden, now Lulworth Castle in Dorsetshire. From thence he marched toward [7.] Ibidem, n. 40, 50. Cyrencester in Gloucestershire, and gave Order, that all such as were Friends to the Empress should meet him there in the beginning of Advent, that they might march on to Oxford, fight the King, and Relieve their Mistress the Empress. The Empress escapes from Oxford. But in their way they met a joyful Messenger, that informed them she was escaped out of the Castle, and safe at Walingford; They went thither, and by her Advice, and common Consent, by reason of the approaching Holidays, which admonished them to quiet, and to abstain from War, they returned to their places of Abode. The manner of her Escape The manner of her Escape the Historian would have added, if he had certainly known it; He says, it was sufficiently evident, that for fear of the Earls coming, many of the Besiegers slipped away from Oxford: those that stayed kept very lose Guards, and remiss Watches; which being [8.] Ibidem, b. lin. 1. observed by them in the Castle, she with only four Soldiers, Men at Arms, or Knights, went out at the Postern Gate▪ and passed the River, and went on foot to Abington, and from thence on Horseback to Walingford. After her departure King Stephen received the Castle upon Terms, the Defendants went whither they would without disturbance. Most Authors, and some of the best Credit Report, That it was at that time a great Frost and Snow, and that she Clad herself in White, and by that means escaped undiscovered. Thus far William of Malmsbury, and no further; who wrote the things which happened in England between Maud the Empress, and King Stephen, at the particular [9.] Ibidem. f. 98. b. n. 30, 40. Request of Robert Earl of Gloucester. Who not long after, being informed that the King intended to make a Garrison of the [1.] Gervas'. Dorob. Col. 358. n. 50, 60. Hen. Hun. f. 225. a. n. 20. King Stephen forced from Wilton. Nunnery at Wilton, to prevent the Excursions of those in Salisbury, that favoured the Empress, he raised all the Force he could, and upon the first day of July, in the Evening, came thither, and set fire on the Town where the King's Soldiers lay, which put the King into such a fright, (who then was in the Nunnery) that he left his Plate and other Goods behind him, and by the benefit of a dark Night, hardly escaped with his Brother Henry Bishop of Winchester; The Earls Soldiers killed many of the Kings, and took many; amongst them [2.] Gervas'. ut supra. Col. 359. lin. 1. etc. William Martel taken Prisoner, his Ransom. William Martel, for whose Redemption there were given 300 Marks, and the Castle of Sherborn. Not many days after, [3.] Ib. n. 10. Milo Earl of Hereford dies. An. Do. 1144. Milo Earl of Hereford, one of the chief Counsellors, most faithful Friends, and greatest Supporters of the Empress died, to her great Grief and Misfortune. The next year King Stephen seized upon Geofry de Magna villa, in his Court at St. Alban, and kept him Prisoner [4.] Ibid. Col. 360. n. 10 Hen. Hunt. ut supr. n. 40. King Stephen seizeth Geoffrey de Magna villa, he gives up the Tower of London, his Castles of Walden and Plesset●. King Stephen besiegeth Lincoln, and is baffled. until he delivered up to the King the Tower of London, his Castles of Walden, and Plessets; and not long after was slain, first having given the King much trouble, and Plundered Ramsey Abbey. After this the King again besieged the Castle of Lincoln, where the Earl of Chester destroyed eighty of his [5.] Ib. n. 50. Workmen and Engineers, so as he was forced to departed, having done nothing; From thence he gathered a great Force, and marched to [6.] Ibidem, b. n. ●0. Anno Domini 1145. The Earl of Gloucester worsted at Faringdon. King Stephen besiegeth Walingford Castle. Faringdon, where the Earl of Gloucester was erecting a strong Fortress or Castle, where they fought or rather skirmished: and much Blood having been spilt, the Earl was forced from his Enterprise. From thence he came and besieged Walingford Castle, against which when he saw he was not likely to prevail by Force or Art, he built a Castle called [7.] Ibidem, n. 30, 40. Gervas'. Doro●. col. 1361. n. 10, 20. He built Craumerse Castle against it. The Earl of Chester makes his Peace, he is made Prisoner, and delivers Lincoln Castle. Anno Domini 1146, 1147. Craumersh, and placed a Garrison to keep in and hinder the Excursions of the Garrison of Walingford. Hither came to the King Ranulph Earl of Chester, and made his Peace, and added to his Forces a considerable Strength; A while after he came to the King's Court at Northampton, where he was taken and kept in Prison, until he had delivered to the King the Castle of Lincoln, in which City he kept a most splendid Christmas. Geoffrey Earl of Anjou having subdued and [8.] The Earl of Anjou sends for his Son Henry. Robert Earl of Gloucest. dies. settled Normandy and Anjou in Peace, had a great desire to see his Son Henry, and sent three Noblemen with a Guard for him to Earl Robert; who Conducted him safely to Warham, where he took Ship, and afterwards never saw him; for the Earl fell sick of a Fever at Gloucester, of which he died on the First of November, and was buried at Bristol in the Monastery he built there. After his Death, the [9.] Ibid. Col. 1363. lin. 1. The Empress goes into Normandy to her Husband. Empress wearied out with these Commotions and Wars in England, before Lent passed over into Normandy, choosing rather to live there with her Husband in Peace, than undergo so many Troubles. In the year 1149. Henry the Son of the [1.] Ibid. Col. 1366. n. 30, 40. An. Do. 1149. Henry the Son of the Empress comes into England. Empress, Cum grandi Comitatu militum Electorum & peditum rediit in Angliam, returned into England with a great Company of choice Knights or Horsemen, and Foot, and stirred up the Thoughts and Courage of many against King Stephen; for after the Deaths of Robert and Milo Earls of Gloucester and Hereford, and the Empress having passed the Sea, none could move the Noblemen against King Stephen, but the true Heir to the Crown. After his Appearance in England, he took with him Ranulph Earl of Chester, and Roger Earl of Hereford, and some others, He is Knighted by David King of Scotland his Great Uncle. besides those he brought with him out of Normandy, and went to David King of Scotland his Great Uncle, who received him with great Joy and Honour, and in the Solemnity of Pentecost, Knighted him and some others. This raised [2.] Ibidem, n. 60. & Col. 1367. lin. 1. David King of Scots comes to Carlisle. great Suspicion in King Stephen and his Son Eustachius; for when the King of Scots with his Forces, and his Nephew with the * So called in respect of the East parts of Scotland. The two Kings of England and Scotland retreat one from another. Western Barons of England, were united in the foresaid Solemnity, King Stephen came to York with a great Army, lest they should surprise that City, and stayed there unto the end of August; but both the Kings, one at Carlisle, the other at York, were afraid of one another, and so of their own accords they retreated, Stephen towards Lincoln, and David toward Scotland, but Eustachius Son of Stephen, now also Knighted by his Father, made great havoc and spoil upon the Lands belonging to the Earls and Barons which favoured Henry, [3.] Ibid. Col. 1367. n. 30. An. Do. 1150. These old Historians begin the year at Christmas. Henry receives the Dukedom of Normandy. who in the beginning of January in the year following sailed into Normandy, and with his Father's good liking, received that Dukedom [4.] Chron. Norm. f. 984. B. C. D. The King of France takes offence at it. They are reconciled. Geoffrey Earl of Anjou, Henry's Father dies. as his Inheritance by his Mother. At which the King of France took offence, raised an Army, and with Eustachius in his Company invaded Normandy, and besieged the Castle of Arches. Earl Geofry and his Son prepare to oppose him, in the mean time he burned the City of Sees, and when the Father and Son had drawn together a great Army, and Marshaled their Troops, by the Mediation of Wise Men, the King received the Homage of Henry for the Dukedom of Normandy, and one Gerrard Berlas, Lord of the Castle of Monstreul, out of Prison, and so rested satisfied. Being thus in quiet, Duke Henry intended to call together all his great Men of Normandy on the Fourteenth day of September at Lisieux, to Treat and Consult about his Voyage into England; in the interim his Father labouring under a great Fever, died on the Seventh of the same Month, and left him Lord and Heir of Normandy and Anjou. Within less than half a year after there happened some Discontent between Lewis [5.] Ibidem, f. 985. B. Anno Domini 1151. The King of France and his Queen dissatisfied one with another. They are Legally Divorced. King of France, and his Queen, which so increased, that they thought of a Separation by Consent; and in Lent the Arch-Bishops and Bishops were Assembled at Bangency, a Town upon the River Loir, and it appearing by their Oaths they were Allied in Blood, and that there was Consanguinity between them, they were in the Close of Easter duly separated by Ecclesiastic Authority. And about [6.] Ibidem. Henry Duke of Normandy Marries her. Whitsunday the Duke of Normandy Married her by the name of Alianor Countess of Poictou, she being Inheritrix of that Earldom, and the Dukedom of Aquitan. At which Marriage the [7.] Ib. C D. The King of France displeased with that Marriage. He Invades Normandy, etc. Duke Henry makes Peace with the King of France, and beats his Brother out of Anjou. King of France was much moved, (for he had only two Daughters, and no Issue Male by her) and with Eustachius Son of King Stephen, Robert Earl of Perch, the Son of Theobald Earl of Blois, and Geofry his younger Brother, joined together, to take from him Normandy, Anjou, and Aquitan. When the Normans thought all would suddenly be lost, he so ordered his Affairs, and behaved himself with such Conduct and Resolution, that he made Peace with the King of France, and beat his Brother out of Anjou, and forced him to make Peace with, and be reconciled to him. While he was settling and securing Normandy, and his Territories in France, King Stephen thought also to secure and establish the Crown of England upon himself and Family, and to that purpose called [8.] Chron. Ger. col. 1371. n. 50. Hen. Hunt. f. 226. b. n. 30. a General Council at London; That is to say, Theobald the Archbishop, the Bishops, and Great Men of England. He propounded to them the Coronation of his Son Eustachius, King Stephen desired to have his Son Eustachius Crowned. The Archbishop refused to do it. that thereby he might deprive Duke Henry of his Right; and particularly required the Archbishop of Canterbury, to whom of Ancient Right it belonged to Anoint and Consecrate Kings, that he would perform that Office to his Son; who Answered, That the Pope by his Letters had forbidden him to Crown or Anoint his Son, because he contrary to his Oath had Usurped the Kingdom. For this Repulse, [9.] Chron. Gervas'. Col. 1372. lin. 1. Hen. Hunt. ut supra. the King, his Son, and those which favoured him, were vehemently Angry, and shut up all the Bishops with their Primate in one House, that by Threats and Terrors they might extort that, which neither by Price or Prayer they could prevail in. The Archbishop made his escape out of the House, and got over the Thames in a Boat, (leaving some of the Bishops wavering, The Archbishop flies beyond Sea. and in a Complying Temper) and fled to Dover, and so beyond Sea. And so the King's Design was defeated, which notwithstanding, Mat. Paris says, the Earls and Barons of England did Swear Allegiance and Fidelity to Eustachius. Fol. 84. lin. 3. For his Resolution in this Case, and Flight, the King seized and spoiled all his Lands and Possessions. Not long after the King besieged [1.] Hen. Hun. ibid. n. 40. Chron. Geru. ibid. n. 10, 20. An. Do. 1152. Newbury Castle and took it, and then came before Walingford, and blocked it up close, as they could neither well get out, or any Victuals in; and being thus pressed, they sent Messengers to their Lord Duke Henry, either to send Relief, or give them leave to deliver the Castle to the King. This year died [2.] Ibidem, n. 30. Maud the Queen, and Wife of King Stephen dies. Maud the Wife, and Queen of King Stephen, on the Third of May, and was buried in the Monastery at Feversham in Kent that her Husband and she had founded. Duke [3.] Ibidem. Duke Henry comes into England with an Army. He takes Malmsbury Castle. Robert Earl of Leicester comes in to him. Henry, all things being in pretty good order in France, was hastened over with this news from Walingford, came with an Army into England, and first of all Besieged and took Malmsbury Castle, where Robert Earl of Leycester came in to him, and also more than thirty strong Castles with their Garrisons submitted to him. From [4.] Ib. 1373. n. 20, 30, 40, 50. Hen. Hun. f. 127. b. n. 10, 20. The Duke besiegeth Craumerse Fort, and Relieves Walingford Castle. The King and Duke meet, and Treat. Nothing is Concluded. Malmsbury he went with all speed to Walingford, to relieve his almost famished Friends there, and besieged the Castle or great Fort of Craumerse: He compassed it about, and all the King's Forces in it, with a large Ditch or Trench, and so ordered the matter that his Forces in Walingford might go out, but those which he had begirt could not ways get out. King Stephen Collected all the Forces he could to raise this Siege; when Duke Henry was informed he was coming towards him, he left his Trenches, and went to meet him with his Army drawn into Order ready to Fight. Both Armies being ready for Battle in a great Plain, William Earl of Arundel Mediated a Truce or Treaty between the Duke and King; After some Discourse of Peace, they came to no Conclusion, but referred themselves to a further Treaty, and each parted to his Army. Before the second [5.] Ibidem. 30, 40. Treaty and Overtures for Peace, Eustachius, King Stephen's eldest Son, and Simon Earl of Northampton both died at the same time, the two great and Potent Enemies of Duke Henry, whose deaths facilitated the finishing of the ensuing Peace. Theobald Archbishop of Canterbury laboured hearty between the King and Duke, to bring them to an Accord; [6.] Ib. f. 228. a. lin. 3. Henry also Bishop of Winchester, who had horribly troubled the Nation by making his Brother King, now moved with Repentance, when he saw the Nation ruined with Rapine, Fire, and Slaughter, [7.] Joh. Brompton, Col. 1037. n. 40. An. Do. 1153. assisted in the finishing this great Work of Peace; by which it was Concluded, That King Stephen should Reign as King during his Life, and that Henry as Lawful Heir should succeed him. The Bishops and Barons were summoned by the Kings and Duke's Precept to Winchester in the end of November, to give their Assent to the Peace, and Confirm it by Oath. The Charter of King Stephen, containing all the Articles of this Peace, may be seen in the [8] N. 35. King Stephen dies. An. Do. 1154. Appendix. He lived not a year after this Peace so solemnly Confirmed, departing this Life upon the 25th of October, in the year following, 1154. and was Buried at his Monastery in Feversham. In the Fourteenth of this King Anno Domini 1149. Mat. Westm. An. Do. 1149. f. ●45. n. 20, 30. Tamesis sic Congelatus est, ut pede, & equo, & quadrigis etiam oneratis transmeabilis redderetur. The Thames was so Frozen, as Men on Foot, and Horseback, and Loaden Wagons passed over it; The Frost began December the Tenth, and ended February the Nineteenth. Of Ecclesiastical Affairs. THere hath been three Councils of Bishops and Clergy only before mentioned; One was held on the 29th of August 1139. at Winchester; The second on the 30th of March 1142. at Oxford; The third eight days after St. Andrew, in the same year at Westminster. The Business transacted in all three was merely Secular, which properly falls not under this Title, and therefore I shall proceed to such things as do. In the year 1138. Alberic Bishop of Ostia in Italy, The Pope's Legate calls a Council of the Clergy. the Pope's Special Commissary, or Legate in England, and Scotland, by [9.] Chron. Gervas'. Col. 1346. n. 40, 50, 60. Col. 1347. n. 10, 20, 30, 40, 50, 60. Col. 1348. n. 10, 20, 30, 40, 50, 60. Apostolical Authority called a Council of Bishops, Abbats, and other Religious Persons of the Kingdom, to meet at Westminster on the Thirteenth of December, and sent his * This was never done before. Citatory Letters to the Prior and Convent of the Church of Canterbury, and all others whom it concerned to be present there, and choose an Archbishop, that See being then void. There were sixteen [1.] Ibidem, Col. 1347. n. 10, 20. The Pope's Legate directs the choosing of an Archbishop of Canterbury. Cont. of Flor. of Worcester, f. 671. Anno Dom 1139. Constitutions Decreed, the most notable whereof were these, at that time somewhat new, and not fully Established, and one or two of them never practised before in England. The year following Theobald Archbishop of Canterbury, Simon Bishop of Worcester, Roger Bishop of Coventry, Robert Bishop of Exeter, and Rainald Abbot of Evesham, were Commanded by the Pope to Repair to Rome, where they were received with much Honour, and were present in the Roman Council, such an one as had not been many Ages before. In this Council they freely, and according to their desires propounded and managed their own Causes, and returned home with joy, bringing with them the Decrees of this Council, (then when the Monk wrote) written and dispersed far and wide through England. And in this Council the under written Constitutions which had been made in this English Council were Decreed, which according to the Title was the second Lateran Council, holden under Pope Innocent the Second, Anno Dom. 1139. Apr. 8. Labbe Tom. 10. Col. 999. This practice of the Pope was new, to call particularly, whom he pleased to Councils. Constitution V. None may receive a Church, or any Ecclesiastical [2.] Ibidem. The foremer part of this Constitution about Investitures, was new. Buying of Benefices prohibited. Married Priests, and such as kept Concubines deprived of Ecclesiastic Benefices, etc. Benefice from a Lay Man. When any receive Investiture from a Bishop, we Command that he swear upon the Gospel, That neither by himself nor any other, he gave or promised any thing for it, and if it be presumed he did, the gift shall be void, and both the Giver and Receiver shall be subject to Canonical Censure. Spelm. Council. vol. 2. f. 41. Constit. VII. Walking in the steps of the Holy Fathers, we deprive Married Priests, Deacons, and Subdeacons, and th●se that have Concubines, of their Ecclesiastical Benefices and Offices; And by Apostolical Authority, we forbidden all People to hear their Masses. Constit. IX. If any one Kills, [3.] Ibidem, Col. 1348. lin. 5. & n. 10. Imprisons, or lays his Wicked Hands upon a Clerk, Monk, or Nun, or any Ecclesiastic Person, unless he makes satisfaction upon the third Admonition, let him be Anathematised; Nor shall any one (unless in danger of Death) enjoin him Penance but the Pope; and if he dies impenitent, his Body shall not be Buried. This Canon or Constitution was made to prevent the Rudeness and Inhumanity of the Soldiers, who in this Intestine War used all Persons alike, Religious and Secular, the Sword made little difference; nor made they scarce any distinction of Places in their Rapine or Plundering. Constit. XI. We prohibit by Apostolic Authority, That no Man builds a Church or Oratory in his own Fee without the Command of his Bishop. This Constitution was new, and made to baffle the Right of the Lay Patron, which was Originally grounded upon the Feudal Law, and the Erection of a Church within the Precinct of his own Fee or Manner, and the Donation or Grant of the Tithes within that Precinct unto it, and to Entitle the Pope or Bishop unto it; by reason of his Command was this Constitution made. This Council being Dissolved, * Ibid. n. 50. Jeremy Prior of the Church of Canterbury, and some of the Convent whom the King had called, in the presence of him and the Legate, with some of the Chief Men, and Bishops of England, chose Theobald Abbot of Bec Archbishop of that See. At which the Bishop of Winchester and Legat was much moved, (designing it for himself) but lost it by the Contrivance of the King and Queen; and for this cause it was reported by some, that he left the King his Brother, and went off to the Empress, Earl Robert, and Milo the King's High, or Great Constable. Notwithstanding the Ninth Constitution of this Council, the Soldiers abated not of their rough usage of the Clergy and ecclesiastics: and therefore the Bishop of Winchester and Pope's Legate, to check their Barbarities, [4.] Rog. Hoved. f. 279. b. n. 40. called a Council at London in the Eighth year of this King's Reign, Anno Domini 1143. in which it was thus Decreed. That because no Honour was given by Ravagers and Plunderers to Clerks, nor to the Church of God: A Canon for the security of Clerks. and that Clerks were as frequently Imprisoned, and put to Ransom as Lay Men; Therefore who ever laid violent Hands upon a Clerk, should not be absolved but by the Pope himself. From which Decree the Clerks received much Relief and Advantage. Mat. Paris [5.] F. 79. n. 30. adds to this another Decree, ●That the Churches and Church-Yards (whether the Poor People fled with their Goods) should be as free from violence as the Priests themselves, Another for the security of Ploughs and Ploughman. and that the Ploughs and Ploughman in the Fields should enjoy the same freedom; and they Excommunicated all Contraveners to this Decree, swith Light Candles or Tapers. And so, (saith the Monk) the Rapacity of the Kites was somewhat abated. The next was a General Council in the Sixteenth of this King, Anno Domini 1151. holden at London [6.] Hen. Hun. f. 226. b. lin. 3. by Theobald the Archbishop of Canterbury, and the Pope's Legate, in which were present King Stephen, his Son Eustachius, and the Barons, or Great Men of England. This whole Council saith the Arch Deacon of Huntingdon (without doubt then present at it) was mad with Appeals. Appeals to the Pope were now first used in England. For in England Appeals were not in use, until Henry Bishop of Winchester, while he was the Pope's Legate, cruelly to his own mischief, dragged them in; and in this Council there were three Appeals to the Pope. Besides these three, there were many Appeals to Rome in this King's Reign. Upon the Vacancy of the [7.] Radulf. de Dice●o, Col. 506. lin. 1. An. Do. 1136. Bishopric of London, the Dean and Canons could not agree in the Electing of a fit Person to be Bishop, several were propounded. The Canons without the knowledge of the Dean chose Anselm Abbot of St. Edmondsbury; [8.] Ib. n. 30. An. Do. 1137. Anselm Appeals to the Pope, and is Confirmed Bishop of London. They privately take the Treasure of the Church, and with their Elect that was laden with Money, go to Rome; Their success proved what a large Bag could do, for at their return he was invested, and had possession of the Bishopric. [9.] Ib. n. 50. An. Do. 1138. The Dean by two of the Canons, and his Domestic Clerks, Ralph de Langeford, and Richard de Belmeis, his Solicitors, Appeals to the Pope; He having heard their Allegations, and by them received the Archbishop of Yorks Letter and Certificate concerning Anselm, and with the [1.] Ibid. Col. 507. lin. 4. The Dean of London Appeals to the Pope, and Anselm is turned out. Cardinals having seriously debated the matter, pronounced by the Mouth of Alberic Bishop of Ostia, That since the Election of the Canons was made without the knowledge of the Dean, who ought to have had the first Voice, it was therefore void. [2.] Ibidem, n. 50. And then the Pope committed the Care of the Church of London, by the King's favour, to the Bishop of Winchester; and so held it as it were in Commendam from the Pope two years. This Man had ill luck, for after he had possession of the Bishopric of London, [3.] Ibid. Col. 506. n. 50. Ordingus the Prior was chosen Abbot of St. Edmondsbury, and so he lost both. Richard de Belmeis aforesaid had been [4.] Ibidem, Col 5●7. n. 10, 20, 30. An Appeal to the Pope for the Arch-D●aconry of Middlesex. made Archdeacon of Middlesex, but was too young to execute the Office, which Hugh, one of his Uncle Richard de Belmeis, the then Bishop of London's Chaplains was to manage for him. When Richard became ●it for the Office, and his Uncle the Bishop of London was dead, Hugh refused to restore it unto him; He Appeals to the Pope, who sends his Letters or Brief to the Bishops of Lincoln and Hereford to hear the Cause, who gave it to Richard. In the year 1147. Pope Eugenius held a Council at Rheims; [5.] Chron. Gervas'. Col. 1363. n. 30. The Clerks of the Church of York Appeal to the Pope. He Deposeth the Archbishop of York. in this Council appeared some Clerks of the Church of York, with Henry Murdack Abbot of Fountains, accusing William Archbishop of York, That he was neither Canonically Elected, nor Lawfully Consecrated, but intruded by the King; at length the foresaid William was Convicted and Deposed. Alberic Bishop of Ostia pronouncing the Sentence, and saying, We Decree by Apostolic Authority, That William Archbishop of York be Deposed from the Bishopric, because Stephen King of England Nominated him before Canonical Election. When as therefore [6.] Ibidem, n. 40, 50. The Pope Commands the Chapter to choose a new Archbishop, etc. He that had the fewest Suffrages is made Archbishop. Pope Eugenius, on his own Will, and by the Consent of the smaller number of Cardinals, had Deposed St. William Archbishop of York, the Chapter of that Church Convened by his Mandate, chose an Archbishop, (or rather Arch-bishops) the Major part of the Chapter chose Hilary Bishop of Chichester, the other part chose Henry Murdac Abbot of Fountains. When both Elections were presented to the Pope, he confirmed the Election of Henry Murdac, and Consecrated him with his own Hands. Strife between the Legate and Archbishop. While Henry Bishop of Winchester was the Pope's Legate, there were great Strife and Animosities between him and Theobald Archbishop of Canterbury, he stretching his [7.] Gervas'. Act. Pontif. Cantuarien. Col. 1665. n. 20, 30. Legantine Privilege mightily beyond what he ought, and called his own Archbishop and the Bishops of England to meet him when, and where he pleased. Theobald taking it ill, and scorning to be thus overawed, by the Industry of Thomas a * This was Thomas Becket afterward Archbishop of Canterbury. The Archbishop made ●egat. Appeals first used in England. Clerk of London, (whom he sent to Rome) he dealt so effectually with Pope Celestin, who succeeded Innocent, that he removed Henry, and made Theobald his Legat. From hence arose great Discord, Contentions, and several Appeals never * Ibidem. The Canon Law first used in England. heard of before. Then the Laws and Lawyers were first called into England, (meaning the Canon Law and Lawyers) the first Teacher whereof was Master Vacarius, who Read at Oxford. These Appeals to Rome were very Chargeable, and besides nothing could be done without Friends, and Gifts, or Presents. This King's Reign was not very long, but never quiet, and free from intestine War, Confusion, and Unsetledness; which gave the Pope and Clergy great opportunities to encroach upon Regal Power, and bring in such Laws, The Reasons why those Appeals and Laws obtained in England. Usages, and Customs, as were not before practised in this Nation. For the King dare not oppose these Practices, because his Title wholly depended upon the Pope's Confirmation of his Election (as they called it) by half a dozen Persons; and his Brother Henry Bishop of Winchester, who set him up, and was Legat a great part of his Reign, dare not but comply in all things with the Pope, (if it were not his inclination so to do) nor Archbishop Theobald after him, lest they might be Exauthorated, and lose a place of mighty Power, (at this time) as well as Profit. Scutages, Subsidies, or Taxes, I read of none during all this King's Reign, both Armies and Pretenders lived by Plunder and Rapine, and maintained themselves chief by the Ruin and Destruction of their Adversaries, their Men and Tenants. King Stephen by his Wife Maud had [8.] Mr. Sandfords' Geneal. Hist. f. 42. Baldwin his eldest Son, who died in his Infancy. 2. [9.] Ibidem. Eustace Earl of Bologne; he Married Constance Daughter of Lewis the Seventh King of France, and Sister to Lewis the Gross, and died without Issue. 3. * See King Stephen's Charter in the Append. n. 35. William [1.] Ibidem, f. 43. Earl of Mortaign and Bologn, Lord of the Honours of Aquila, or Eagle, and Pevensey, Married Isabel the Daughter and Heir of William the Third Earl of Waren and Surrey; he died without Issue accompanying King Henry the Second at the Siege of Tholose, Anno Domini 1159. or 1160. 4. Maud [2.] Ibidem. his eldest Daughter died young. 5. Marry [3.] Ibidem, f. 44. his second Daughter, first Nun, then Abbess in the Nunnery of Rumsey in Hampshire; being secretly taken from thence, was Married to Matthew Earl of Flanders, etc. and had Issue by him two Daughters Ida and Maud, etc. His Natural Issue were. 1. WIlliam, [4.] Ibidem. who in a Charter of the former Williams, is called his Brother, etc. 2. Gervase, [5.] Ibidem. begotten of a Norman Gentlewoman named Dameta, and brought into England in the year 1140. was Abbot of Westminster twenty years, and died in the year 1160. THE REIGN OF King Henry II. Anno Domini 1154. WHen King Stephen died, King Henry was in Normandy, and after his death, so soon as he had notice, came for England, and landed here on the Seventh of December; [1.] F. 92. n. 20. How King Henry came to the Crown. and, as Mat. Paris says, was received by the Clergy and People with great Joy, and by their Acclamations saluted King, and Crowned at Westminster on the Nineteenth of the same Month, by Theobald Archbishop of Canterbury. John Brompton [2.] Col. 1043. n. 40. writes, That Stephen being dead, Henry the Second, the Son of Maud the Empress, was by Archbishop Theobald Consecrated King, and received an Hereditary Kingdom without diminution; The People shouting for Joy, and Crying out, Let the King live. * Gervas'. Chron. Col. 1377. n. 30. He Banisheth or thrusts out the Flemings and Strangers out of England. He held his Court at Christmas at Bermundsey, where he Treated with his Principal Men concerning the State of the Kingdom, and settling Peace, and resolved to expel the Strangers out of England, and destroy the small Places of Strength built during the War. In the Reign of King Stephen many Strangers, Flemings especially, came over as Soldiers, in hopes of great Booty and Plunder, and had seated themselves in England by the permission of that King, and were very loath to leave their warm Seats, yet by his [3.] Ib. n. 50. He demolisheth the new built Castles. Edict, fixing them a day for their Removal, when they saw they could not continue here, they left the Nation; and his next work was, to have all the Castles demolished, which had been built since the [4.] Ibidem, n. 60. death of his Father, except some few, which were kept up for the Strength of the Nation. The [5.] Ibidem, Col. 1046. n. 40, 50. He recalled the Crown Rents and Lands. Crown Lands and Rents which King Stephen had given to his Followers he recalled, and Commanded, That whosoever were possessed of them, they should be restored wholly and fully without any manner of diminution. Many pleaded the Charts and Donations of King Stephen; To which King Henry Answered, That the Charts of an Invader ought not to prejudice a Lawful Prince. They were very loath at first, but at length they all resigned up thei● Usurped Estates. In Northumberland they were most resolute, and therefore [6.] Ibidem, n. 50, 60. King Henry went thither, and cited before him William Earl of Albamarle and others, who with great grief submitted to his Power, and yielded up the King's Lands and Demeasns, which they had possessed many years; together with the Castle of Scardeburgh in Yorkshire. Hugh Mortimer only opposed the King, who when he was Commanded to deliver his Castle of Bridgnorth in Shropshire, fortified it against him, which the King besieged, and in a short time took; and he begging the King's Mercy for his Rebellion, was Pardoned, delivering also his other Castles. From William the Son of King Stephen, he took all the Lands his Father had given him, except such as he held in the time of King Henry his Uncle. In the time of Contention between [7] Ibidem, Col. 1047 n. 10. Mat. Paris, f. 96. n. 40. Maud the Empress, and King Stephen for the Kingdom of England, David King of Scotland had in her Name seized upon the Counties of Northumberland, Cumberland, and Westmoreland, and possessed them as his own; These King Henry required of him, and the than King of Scotland Malcolm presently parted with them, and all their Rights, receiving from him the Earldom of Huntingdon, as belonging to him of Ancient Right. In March the Queen was delivered of a Son at London, called after his [8.] Chron. Gervas'. Col. 1377. n. 50. Father's Name, Henry. After Easter there was a [9.] Ibidem, Col. 1378. n. 20. An. Dom. 1155. Henry Son of King Henry born. General Convention of the Bishops, and Chief Men of all England, at Walingford, where they swore Fealty to the King and his Heirs; to his eldest Son William, if he should outlive his Father; and to the Infant Henry, if he outlived his Brother. Not long after the [1.] Brompton. Col. 1047. n. 50 60. Col. 1048. n. 10, ●0. Guilford Neub. rerum Angl. lib. 2. c. 5. Mat. Paris, f. 96. n. 50. Rad▪ de Diceto, Col. 535. n. 20. An. Do. 1156. The Welsh Conquered, and yield. Welshmen making Incursions into England, King Henry raised a great Army to subdue them, or at least bring them to a Peaceable Correspondency. The Welsh trusting to the security of their Woods and Mountains, retreated thither upon his Approach: The Van of the Army marching on as well as they could in those places, was intercepted by them, and a great part of it cut off; Henry de Essex the King's Hereditary Standard-Bearer threw it down, and fled, and told those which he met, the King was dead, which put the Army into great confusion; but upon the King's hasty appearance it received new vigour, Rallied, and forced their Enemies to such Terms as satisfied the King. He cut down their Woods, and made open Ways into their Country, had the Castle of Roelent, and all other Places of Strength delivered unto him which they had taken from his Predecessors, and received the Homage and Fealty of their Nobles and Great Men. For his Cowardice, [2.] Ibidem. An Appeal of Treason. Henry de Essex was charged by Robert de Montfort (a Nobleman of Fame) with Treason, and in a Trial by Battle was vanquished, for which he ought to have lost his Life by Law, but the King spared that, causing him to be Shorn a Monk in the Abbey of Reding, and seized all his great Estate. The Welsh thus secured, the King had news that his Brother [3.] Joh. Brompton, Col. 1048. n 40, 50. An. Do. 1257. According to Mat. Paris, 1156. King Henry's Brother Geofry claims Anjou; Pleads his Father's Will, and Brother's Oath. Geofry was very troublesome beyond Sea▪ He was his next Brother, and his Father Geofry Earl of Anjou had by Will given him that Earldom, when his Brother Henry should be possessed of the Kingdom, and Dukedom of Normandy, his Mother's Inheritance; and in the mean time gave him three Castles for his support, Chinon, Mirabell, and Lodun; and because his Son Henry was then absent, he adjured all the Bishops and Noblemen present, That his Body should not be buried, until he had Sworn he would not violate his Will. The Father being dead, the Son comes to his Interment; and being told by the Noblemen what Charge his Father left with them, he long considered what he had to do; At length all cried out, it would be a perpetual Disgrace to him to suffer his Father's Body to remain unburied, with great Reluctancy he took the Oath. But when he was fully possessed of the Kingdom of England, he procured from Pope Adrian (an Englishman) [4.] Ibidem, n. 60. Pope Adrian dispenceth with King Henry's Oath. Absolution from it; for which Reason, not thinking himself obliged by it, he neither took Care to satisfy his Father's Will, or Brother's Request, in yielding to him the Earldom of Anjou; Whereupon his Brother fortifies his Castles▪ and makes Incursions into all King Henry's Countries round about them. The King passed over Sea, raised an Army, besieged and took the Castle of Chinon, and so humbled his Brother, that he rendered all his Castles, and had his Pardon. [5.] F. 95. n. 40, 50. Matthew Paris says they came to an Agreement, and that Geofry quitted his Claim for 1000 l. Annuity of English Money, and 2000 l. Anjovin, and placeth this Action in the year 1156. Soon [6.] Brompton. Col. 1049. n. 10. The City of Nantes choose Geofry the King's Brother their Earl. after the City of Nants in Britain, not knowing who was their true Lord, chose Geofry for their Lord, and gave him the Dominion thereof, and the Country about it; but he lived not long to enjoy it. After whose death Conan Earl of Richmond in England took possession of it. The King hearing his Brother was dead, went over into France, and claimed Nants in his Right, and as his Successor, and gave Command his Earldom of Richmond should be seized. It was in [7.] Chron. Norman. f. 994. A. B. An. Do. 1157. A Treaty between the Kings of England and France. Margaret the King of France his Daughter to be Married to Henry the Kings Son. August he went over into Normandy, and the first thing dispatched was a Treaty between him and Lewis King of France upon the River Epta, (in the Confines of France and Normandy) concerning Peace, and a Marriage to be had between Margaret the Daughter of Lewis, and his Son Henry; what they Agreed upon was Sworn to on both sides. And from thence the King of England went to Argentom, and on the Eighth of September summoned the Army of Normandy to meet at Abrinces on Michaelmass-day, to go against Conan Duke of Britain, to force him to render Nants that he had invaded. In the mean time he was invited to the French Court at Paris, where he was Entertained with all the Joy and Splendour imaginable; and coming from thence, he brought the King's Daughter with him, and delivered her to be kept and Educated by Robert de Newburgh Justiciary of Normandy. Robertus de Novo-Burgho Dapifer & Justitiarius Normanniae, Chron Norm. f. 996. A. On Michaelmass-day Conan Earl of Rhein's and Duke of Britain, with his Britan's, came to Abrinces, now Auranches, and delivered to the King the City of Nants, with the whole County or Earldom belonging to it. In December following [8.] Ibidem, f. 994. D. Theobald Earl of Blois makes Peace with King Henry. Theobald Earl of Blois made Peace with King Henry, and delivered the two Castles of Ambois, and Freteval; Rotroc also Earl of Perch, gave up the two Castles of Molins, and Bon-Molins, which were the Demeasns of the Duke of Normandy, which Rotroc the Father of this Earl had seized upon after the death of King Henry the First. At the same time he granted to this Earl Bellism Castle, for which he did him Homage. He kept his Christmas at Cherbough, where he came to meet his Queen [9.] Ibidem, f 995. A. B. An. Do. 1158. Alienor, who a little before was come out of England. From thence he passed to the Castle of [1.] Ibidem. King Henry takes the Castle of Bray. A Match propounded between Richard Son to King Henry, and the Daughter of the Earl of Barcelone. Blaye, seated upon a steep Hill overlooking the River Garonne, where he met Raymond Earl of Barcelone, with whom he made a League, confirmed with both their Oaths; by which it was mutually agreed, That Richard the King's second Son should, at years of Maturity, Marry the Daughter of Raymond, and when the Nuptials were performed, he was to have settled upon him the Dukedom of Aquitan. This Raymond's Paternal Inheritance, was the Earldom of Barcelone, and by Right of his Wife he was King of Arragon, which he reserved for his Son he had by her. King Henry having made this Alliance, declares his [2.] Ibidem, 995. C. D. An. Do. 1159. The Title of King Henry to the City and Earldom of Tholose. Title to the City and Earldom of Tholose, which by his Wife was thus. Her Grandfather William Earl of Poictou and Duke of Aquitan had Engaged them for a great Sum of Money, (which he spent in an Expedition into the Holy Land) to Raimond Earl of St. Giles, which Money he paid not, but left the Debt upon his Son William, the Father of Queen Alienor. For nonpayment of this Money, Anfonsus Son of Raimond, and after him Raimond Son of Anfonsus held the City and Earldom. The King of France Married Alienor, Daughter and Heir of the last Duke of Aquitan, etc. and demanded, and was ready to possess himself of the City and Earldom of Tholose, when Raimond the then Earl of St. Giles Married his Sister Constance, King Henry offered the Mortgage Money. See John de Sennes. The great Army raised to pursue the Title of Tholose. the Widow of Eustachius Son of King Stephen: and by that means he was permitted to enjoy it. King Henry Married Alienor, after she was Lawfully Divorced from the King of France, and had Issue Male by her, than four Sons: and from thence grew his Title and Pretence to the City and Earldom. To obtain which, as his Wife's Inheritance, he summoned the Force of all England, Normandy, Aquitan, and the other Country's subject to him; He carried not with him in this Expedition any Agrarian or Ordinary Soldiers, nor Burghers, or Rustics, but took [3.] Ibid. D. of every Knight's Fee in Normandy Sixty Sols of Anjou Money, and in England, and his other Countries what he thought good; His Capital Barons, with few others accompanied him: Solidarios Milites innumeros. but he collected or raised Stipendiary Soldiers innumerable. In this Expedition was Malcolm King of Scots, who was Knighted by him, and William King Stephens Son. Raimond Earl of St. Giles alarmed with this great Preparation, desired Assistance of the King of France; who put himself into the Town with an Army; which King Henry, for the [4.] Ibidem, f. 996. A. The Person of the King of France secures the City. Cahors taken, etc. Honour he bore to him would not besiege, but by force, and through fear, the greatest part of the Earldom was made subject to him; He also took the City of Cahors. From this Action of the King of France arose great Enmity between the Kings, and the Normans and French prosecuted one another with Fire and Sword. Gervase the Monk of Canterbury * Col. 1381. lin. 3. The Relation of the Expedition of Tholose by Gervase of Canterbury. gives a different Relation of this Expedition to Tholose; He says the King took Scutage to the value of One hundred and fourscore thousand Pounds in England, and accordingly in his other Countries; That there were with him the King of Scots, and a certain King of Wales, and all the Earls, and Barons of England, Normandy, Aquitan, Anjou, and Gascony, and many others of divers Countries, Horse and Foot; That the City was besieged from Midsummer to Holy-Mass, and that the King of France defended it so well as the King of England could not take it, and so was forced to raise his Siege. Fitz-Stephens * P. 8. Col. 2. in vita Thomae, etc. Reports, That in this Expedition the Chancellor had 700 chosen Knights or Gentlemen that served on Horseback of his own Family or Dependants; Cancallarius de propria familia, lectam manum Militum, septingenta Milites habebat; and that if the King had followed his Advice, he had taken Tholose, and the King of France in it; but being possessed with a vain Superstition and Reverence toward his Lord the King of France, who had made himself his Enemy, he never invested the City, but went from it, satisfying himself with the taking the City of Cahors, and many Castles in the Neighbourhood of Tholose; for the keeping whereof, all the Earls refusing that Service, only the Chancellor with his Attendants and Retinue, and Henry de Essexia, the King's Constable stayed there; who after the King was gone, took in three strong Castles, which seemed inexpugnable. The Chancellor himself appearing before them in his Arms, and then passing the River Garonne, reduced all that Country, and made it subject to the King; from whence he went to him, and was received with great Favour and Honour. In the Month of October, [5.] Ib. C. D. King Henry having fortified Cahors, as a Check upon Tholose, and recommended it to the Care of Thomas * That is Thomas Becket. his Chancellor, and having fixed Garrisons in Places necessary and convenient, and confiding in the Assistance of Raimond Berengar Earl of Barcelone, Tranchevel Earl of Nimes, and William of Montpelier, King Henry returns into Normandy, destroys and burns Towns and Villages. his faithful Confederates, he returned into Normandy; and thence with a great Force went into le Beavaisis, destroyed the strong Castle of Guerberes, and burned many Towns and Villages. Simon Earl of Montfort at that time delivered up to King Henry, his Places of Strength in France, Rochfort, Montfort, Espernon, and the rest, with great detriment to the King of France, for none of his People could pass freely from Paris to Stamps, or Orleans, for being disquieted with the Normans he had put into those Castles; and for this Cause a Truce or Cessation of Arms was made between the two Kings, A Truce between the two Kings. from December until eight days after Whitsunday. In his return from this Expedition of Tholose, William Earl of Moreton died without Children, and King Henry took his Earldom into his Hands. In this War * Ibid. p. 9 Col. 1▪ 2. between the Kings of France and England, on the Borders of their Territories, the Chancellor, besides his own Retinue, the Seven hundred Horse or Knights, had 1200 others, Stipendiaries, and Four thousand * Or it may be these 4000 Servientes were Foot, for sometimes there were Servientes pedites. Servientes, or Ordinary Horse or Attendants, for one Month, and every Knight or Miles received every day to provide for his Horses and Esquires, ad Equos & Armigeros, etc. three Shillings of that Country Money; Ipsi Milites, The Knights themselves had their Diet from the Chancellor; who though he was a Clerk, Tilted with a Knight of France, named Engelram de Try, and with his Lance unhorsed him, and gained his Horse. In the whole Army of the King his Knights were always the first that engaged, and always dared most. The King and Queen kept their [6.] Ibid. D. & f. 997. A. Christmas at Falais, from whence she went for England, and not long after * 'Tis so said in this Author. But see Anno Dom. 1166. Maud the Empress sickened, and died, and by the Advice of her Son, gave all her Riches to be distributed to the Churches, Monasteries, and the Poor. In May following there was a [7.] Ibidem. firm Peace Established between the two Kings. * Vid. Rob. de Monte. An. Do. 1161. A Peace between the two Kings. A Norman great Council or Parliament. In July Henry called together all the Bishops, Abbats, and Barons of Normandy at Newmarket, and King Lewis all his Bishops, Abbats, and Barons at Beavais, where they Treated about the Reception of Pope Alexander, chosen by the Cardinals, and the Rejection of Victor, elected by the Emperor Frederic and his Friends; They consented to the first, and disowned the last. In September Queen Alienor, [8.] Ibid. B. by the King's Command, returned into Normandy, and carried with her his Son Henry, and his Daughter Maud. In October [9.] Ibidem. the two Kings met again, and confirmed the former Peace. Upon the [1.] Ibid. & Rad. de Diceto, Col. 523. n. 20, 30. A. D. 1160. Henry and Margaret are Married. Third of November, by the Authority and Allowance of Henry of Pisa, and William of Papia, Priest Cardinals, and Legates to the Pope, there was a Marriage solemnised between Prince Henry, the King of England's Son, of Seven years of Age, and Margaret, Daughter of King Lewis by his second Wife Constantia▪ the * King Lewis Married her, after the Divorce of Alienor, Chron. Nor f. 989. D. The three Templars Commanders of these Castles were Robert de Pirou, Tostes of St. Omer, and Richard de Hastings; The King of France expelled them his Kingdom, but the King of England received, and much enriched them. Hoved▪ f. 282. a. n. 10. Daughter of Alfonso King of Spain, about Three years of Age, who was then at Newburgh in the Custody of King Henry; by which Marriage he obtained the Castle of guysor's, which by Agreement of the two Kings, was to remain in the keeping of Knights Templars, until the Consummation of a Marriage between these two young Persons, and then to be delivered to King Henry. With guysor's, he received also as Dependencies upon it, the Castles of Neausle, and Newcastle, all seated near or upon the River Epta or Itta, in the Confines of France and Normandy. This enraged the King of * Ibidem, f. 997. C. A quarrel between the two Kings about the Marriage of their Children. France, and his (a) King Lewis after the death of his second Wife, within [2.] Rad. de Diceto, Col. 532. n. 10. fifteen days Married Ala Daughter of Theobald Earl of Blois, who had three Sons; [3.] Chron. Nor f. 985. A. King Lewis his third Wife, Ala Daughter to Theobald Earl of Blois. Henry the elder, who had the Earldoms of Troy's and Champagn, and whatever his Father had beyond the River Seyn; Theobald the second, who had the Earldoms of Chartres and Blois, and Le Dunois; Stephen the third, who had the Honour of Servicius in Berry. What this Honours was I find not. Wives three Brothers, Henry, Theobald, and Stephen; which three Earls joined their Forces, and began to fortify Chaumont, which was of the Fee of Blois Castle, that from thence they might infest Tourain. King Henry no sooner hears of this Design, but immediately without calling together many Forces, goes to frustrate it; The Earls hearing he was coming, left their Work. He presently took this new Fortress, and about 120 Soldiers in it, and demolished it; and then fortified Ambois and Freteval, and placed Garrisons in them, and went to Man's, where he kept his Christmas with Queen Alienor. After [4.] Ibidem, f. 997. D. An. Do. 1161. The King takes possessession of the Castles in Normandy. this he took into his own hands all the strong Holds of the Earl of Mellent, and his other Barons in Normandy, and committed them to the Care of his Trusty Friends, and repaired and strengthened all his Castles in the edge of Normandy toward France, and well Manned them, especially guysor's. Theobald Earl of Blois [5.] Ibidem, f. 998. A. did ill Offices, and made Contention between the two Kings, who after Easter drew their Armies into the Field, one against the other, to defend their Countries, first in Le Veuxin, afterward in Le Dunois, He takes the strong Castle of Agen. every day expecting Battle; at length they made Truce without Bloodshed. From hence King Henry after Midsummer marched into Aquitan, and besieged the famous Castle of Again, seated upon the River Garonn, strengthened as well by Nature as Art, and in a week made himself Master of it, on * The Tenth of August. St. Laurence-day, to the admiration and terror of the Gascons. The [6.] Ibidem. The King calls a great Council, Complains of the Bishops and their Ministers, etc. King spent his Christmas at Bayeux, and in the first Sunday in Lent, he called together the Bishops, Abbats, and Barons of all Normandy at Roven, and made Complaint of the Bishops, their Ministers, and their Viscounts, and Commanded the * See Append. n. 15. Council of Lillebon should be observed. Some time this [7.] Ibid. D. The Kings of England and France perform the Office of Yeomen of the Stirrup to Pope Alexader. year the two Kings came together at a place on the side of the River Loir, and received Pope Alexander with great Honour, and performing the Office of Yeomen or Gentlemen of his Stirrup; and afterward walking on Foot, one led his Horse by the Bridle on the right side, and the other on the left, until they brought him to a Pavilion prepared for him, by whose Mediation a firm Peace was made between them. The King [8.] Chron. Gervas'. Col. 1382. n. 10. busied with Transmarin Affairs, sent over his Chancellor Thomas, to manage his Business in England, and he brought with him Henry the King's Son, to whom the [9.] Rad. de Diceto, Col. 533. n. 10. An. Do. 1162. The Bishops and Abbats swear Fealty to Henry Son of King Henry. Thomas the Chancellor, or Thomas Becket made Archbishop of Canterbury. Bishops and Abbats of all England, by the King's Command, swore Fealty, and Thomas the Chancellor was the first that did Homage to him, saving his Faith to his Father, so long as he should live, or would continue King. He came over in April, or the beginning of May, but what was done in England upon his coming, I find not, more than that by the King's Command and Directions, he was chosen Archbishop of Canterbury in May, and was Consecrated on the Octaves of Pentecost or Trinity-Sunday. In December following, [1.] Ibidem, Col. 534. n. 20. Chron. Norm. f. 999. A. An. Do. 1136. The King comes to England, having composed all things in France. He Commands a Recognition to be made of his Baron's Rights in Normandy. the King having ordered and settled his Affairs, and provided for, and furnished his Castles with Men, Arms, and Victuals, in Normandy, Anjou, Aquitan, Gascony, Tourain, and Main, came to Barfleu, intending to pass into England before Christmas, but detained by contrary Winds, passed that Solemnity, with his Queen Alienor, at Cherbourgh; and in January they set Sail, and landed at Southampton on the 26th of that Month, where he was received by almost all the Nobility with great joy. [2.] Rad. de Diceto, Col. 536. n. 10. The Kings of South-Wales and North-Wales do Homage to the King. Before his coming over, he Commanded Rotroc Bishop of Eureux, and Raynald of St. Valery to make Recognitions in the several Bishoprics, what Legal Rents, Rights, and Customs belonged to the King and Barons. I can find nothing more of moment done this year, [2.] Rad. de Diceto, Col. 536. n. 10. The Kings of South-Wales and North-Wales do Homage to the King. but that Malcolm King of Scots, Rese King of South-Wales, Owen King of North-Wales, and all the greatest Men of that Nation did Homage to the King of England, and his Son Henry, upon the First of July at Woodstock. The Norman Chronicle adds, [3.] F. 999. B. That he gave his Brother David, and some of his Baron's Sons Pledges for his good Behaviour, or preservation of Peace, and that the King might have such of his Castles as he pleased. All the next year is wholly taken up with the Controversy between the King, and Archbishop of Canterbury: and indeed there is very little else to be found in any of our Historians until after his death, which happened in the year 1170. I shall here pass it by, and reserve it to another place towards the end of this King's Reign, and then report it distinctly. The Welsh notwithstanding their Homage and Oaths of Fealty made to the King, and notwithstanding their Hostages given, The Welsh unquiet. [4.] Joh. Bromton. Col. 1059. n. 10. An. Do. 1165. harass the Marches, and make Incursions into England. The King raiseth a great Army, enters their Country, and forceth them to crave Peace. The [5.] N. 30. An. Do. 1166. next year also King Henry marcheth with an Army into Wales, to confirm them in the observation of the Peace, and then passed beyond Sea, where William Talvace Earl of Sees, and his Son John, and his Grandchild John, the Son of his eldest Son Guido Earl of Pontheu, [6.] Chron. Norm f. 1000 C. The Earl of Sees delivers his Castles to King Henry. delivered to him the Castles of Alencon, and Roc-Mabine, with what belonged to them, and they lost them for the ill Practices of them and their Predecessors, which King Henry abolished. From thence he went into Britain with an Army, and there [7.] Ibid. D. Joh. Bromton, ut supra, n. 40. King Henry Marries his Son Geofry to the Daughter of the Duke of Britain. And reduceth the Country to his Obedience. made a Match between his Son Geofry and Constance Daughter and Heir of Conan Duke of Britan lately dead, though neither of them Marriageable; where though he found opposition, yet he soon reduced his Enemies and the Country to obedience; he besieged the Castle of Fougeres in the Confines of Normandy and Britain, took and razed it to the ground; At Tovars he received the Homage of almost all the Barons, and from thence he went to Rennes, which is the chief City, and by that was seized, or took possession of the whole Dukedom; and because he had neither seen Dol nor Combourgh, he visited them in the way to his Devotions at Mont-St. Michael. At Christmas King Henry was at [8.] Chron. No●man. f. 1101. A. King Henry marcheth into Avergn, and asserts the Title of the Disinherited Earl. Poitiers, where his Son Henry came to him from England; In Lent he had a Conference with the Earl of St. Giles at Grammont. After Easter he marcheth with his Army into Avergn, and wasted the Lands of Earl William, who engaged upon his Faith, to stand to Justice in the presence of the King, in relation to his Nephew, the young Earl of Avergn, whom he had disinherited: but he broke his Faith, went over to the King of France, and made Discord between them. On Trinity [9.] Ibid B. An. Doo▪ 1166. A Treaty of Peace between the two Kings without effect. They burn each others Towns and Villages. Sunday the two Kings met in Veuxin, where they Treated of Peace, but the great Men of France exasperated their King against King Henry, and so nothing was then done; whereupon both sides fortified their Castles, and brought together what Forces they could. The King of France burned several Villages between Mant and Pacey. King Henry provoked by that Action, (though with great deference to King Lewis, saith the Chronicle) burned the Strong and Rich Castle of Chaumont by guysor's, which was the King of France his Magazine of Victuals, and there also his Money was lodged to carry on the War, with very many Villages about it. At which the King of France was much moved, and burnt Vadum Nigasi●, that is, Gany L'Isle, and other Villages in Veuxin, belonging to the Abbey of St. Owen in Roven; he burned also the good Town of Andeli Sur Sein, which belonged to St. Mary and the Archbishop of Roven, and wasted some other places appertaining to the Church of Holy Trinity of that City. In August there was a [1.] Ibidem, C. D. A Truce between the two Kings. King Henry subdued Britain. Maud the Empress dies. Leaves great Treasure to Monasteries, and the Poor. Gives a great Sum toward the building a Stone Bridge at Roven. Truce made, and Sworn by both Kings, until Easter. From hence King Henry went into Britain, and brought under his subjection all the Britan's, and those of St. Pol de Leon; for Gaimar Son of Henry Viscount of that Town, gave Pledges, and submitted to the King, being much affrighted, when he saw his very strong Castle taken and burnt, and other places either taken or rendered. While he was thus busied in Britain, a Messenger came to him with the News of his Mother Maud the Empresses death; She died the Tenth of September at Roven, and was buried at the Abbey of Bec. Thesauros infinitos, etc. Her Son distributed her vast Treasure, to Churches, Monasteries, Lepers, and other Poor, for the health of her Soul. She built three Monasteries in Normandy, and gave a great Sum of Money toward building the Stone Bridge at Roven which she had begun. The greatest part of the [2.] Ibidem. f. 1002. Anno Dom. 1167. The Poictovins and Anjovins Conspire against King Henry. He burns and wastes their Country. They apply themselves to the King of France. Poictovins and Aquitans Conspired against King Henry, and wasted the Country with Burning and Rapine; he marcheth into their Country, destroys their Towns and Villages, takes their Castles, and puts Garrisons into them of his own Soldiers, and leaves those Countries to the Care of his Queen, and Patrick Earl of Salisbury, while he goes to meet the King of France eight days after Easter, between Mant and Pacey, to Discourse and Expostulate with him about the Injuries he had received from him; for the Poictovins had applied themselves to the King of France, and put themselves under his Protection, and given him Pledges for their Fidelity to him, notwithstanding they were King Henry's proper Subjects. There was great Debate between the two Kings about this Matter, The Truce continued. but the King of France would not deliver his Hostages, though received against Justice, and therefore the Truce was only prolonged until eight days after Midsummer. Before the last [3.] Ibidem, C. D. The Britan's Confederate against the King of England. Truce was made, the King of England had Summoned Eudo Vicecomes or Viscount of Porhoet, who by a false Title was called Earl; he had received many kindnesses from the King, yet refused to come to his Service and Assistance, having Confederated with other Britan's, (to wit) Oliver Fitz-Oliver of Dinan, and his Cousin Rowland; King Henry was very angry with them, and began first with Eudo who was the Chief: he took his chief Castle, He reduceth them by Fire and Sword. and burnt and wasted all his Territories, he took from him the County of Broguerec, whereof the City of Vannes was the Head, and took possession of that also. After this he marched to Dinan and took that, and all the Fortresses in the Country about it into his possession. Then he went to the Lands of Rowland, and plundered and burnt them. Eight [4.] Ibid. D. An unsuccessful Treaty. days after Midsummer the two Kings came together again, at Ferte-Bernard, (a Castle in Main near the edge of Perch) to Treat of Peace, and as before, departed without success; for the Britrins and Poictovins, when they gave Hostages to the King of France, he Covenanted with them, That he should make no Peace with the King of England, without their Consent. The two Kings fortify their Borders. Hereupon both sides fortify their Borders, and this sort of skirmishing or fight continued until Advent. King [5.] Ibidem, A. B. The Earl of Pontheu denies the Earl of Bologn passage through his Country. The Earl of Bologn, and King of England burn his Towns and Villages. Henry craftily brought over Matthew Earl of Bologn to his side, but when he was to come to his assistance, John Earl of Pontheu would not permit him to pass through his Country, so that he was forced to Ship his Soldiers, and bring them by Sea; for which denial the King and Earl Matthew march into Earl John's Country, and burn above forty Towns and Villages. The mean while the King of France burned the Castle of Hugh of Newcastle, called Brueroles, and wasted almost all the Country of Perch. In the day of [6.] Ibidem, C. 1168. Peace between the two Kings. Henry Son of King Henry did Homage to the King of France for Anjou, Main, and Britain. He is made Senescal of France. Epiphany, or on Twelf-day, the two Kings were Reconciled, and made Friends; Henry Son to King Henry did Homage to the King of France, his Father in Law, for the Earldoms of Anjou and Main, and the Dukedom of Britain, which he then gave him; for the Dukedom of Normandy he had done Homage before; At the same time his Father in Law made him Senescal of France, which belonged to the Fee of Anjou; and then also Richard Son of King Henry did Homage to the King of France for the Dukedom of Aquitan. In the Feast of the Purification of the Virgin Mary, or at Candlemass, Henry the Son of King Henry, at Paris, served the King of France at his Table, as Senescal of that Kingdom. King [7.] Ibid. D. An. Do. 1169. He doth Homage to Philip Son of King Lewis. As also his Brother Geofry for Britain. Henry Conferred with the King of France at St. Germane En Ley, and there his Son Henry did Homage to Philip Son of King Lewis; and Geofry, at his Father's Command, did Homage to him for the Dukedom of Britain. In Lent King Henry went into Gascony, and destroyed many Castles that were fortified against him, and reconciled to himself, and made Peace with the Earls of Angolism, and March, and many others of less Note. In May Geofry the Son of King Henry came to Rennes, and Stephen Bishop of Rennes, Geofry receives the Homage of the Barons of Britain. Aubert Bishop of Alith, and Robert Abbot of Mont-Michael, and other Religious Persons receceived him with great Veneration in the Church of St. Peter, and there he rceived the Homage of the Barons of Britain. At Christmas following the King kept his [8.] Rad. de Diceto, Col. 551. n. 50. Benedictus Abbas, p. 29. a. The remainder of the British Barons swear Fealty to King Henry and his Son Geofry. Court at Nantes, where were present the Bishops and all the Barons of Britain, and all the Earls, Barons, and Freemen that had not done it before, swore Fealty to him, and his Son Geofry. From thence he passed into Normandy, and put all things into good order there, and then came into England, and landed at [9.] John. Bromton, Col. 1060. n. 30. King Henry comes for England, is in danger of Shipwreck. Portsmouth on the third of March; In his Passage there happened a great Storm at Sea, wherein the King was in danger of Shipwreck, one of his best Ships was lost, and several of the Nobility, with 300 Persons of both Sexes perished in her. Soon after his coming into England, [1.] Chron. Gerv●s. Col. 1410. n. 10. Ben. Abbat. p. 29. b. Inquisitors appointed in all Counties of England. he called together his Great Men, and appointed Abbats and Clerks, Earls and Knights, to pass through the Land, giving them a Form in Writing what they were to do. Into Kent, Surry, Middlesex, Berkshire, Oxfordshire, Buckinghamshire, and Bedfordshire, were sent the Abbot of St. Augustins' in Canterbury, the Abbot of Chertesey, the Earl of Clare, William de Abrincis, Maneser de Dammartin, Gerold Fitz-Ralph, Gilbert de Pinkeny, William Fitz-Helt, William Fitz-Nigell, William Fitz-Martin, Ralph of the Hospital, and Ralph de Dene; All these together were to go the Circuit in the Counties abovesaid, and in like manner Inquisitors were sent through all the Counties of England. These Itinerant [2.] Chron. Gervas'. Dorob. Col. 1410. n. 20, 30. Anno Dom. 1170. Barons were to exact Security and Pledges of all Sheriffs, who were Sheriffs since the King went into Normandy, (which was about four years) and of all that after that time were their Bailiffs or Ministers, whatsoever Bayliwick or Charge they had under them; and of all those which had Hundreds of Barons in any Counties, whether they had them in Farm or Management; That they should be before the King at a day by them appointed, to do such Right to him and his Subjects as they ought to do; and if the Sheriffs could not come before them, they were to send such in their steads as would be answerable for them, and they were to give Security and Pledges, as well for themselves as the Sheriffs, that they would do before the King what the Sheriffs ought to do at the day appointed. And then they were to make this Enquiry. I. First of all [3.] Ibidem, n. 50. The Articles of Enquiry. they were to inquire of the Sheriffs and their Bailiffs, what and how much they received of every Hundred, and every Township, and every particular Man, since the King went last into Normandy, by reason whereof the Nation or particular Men might be grieved; and what they took by the Judgement of the County or Hundred, and what without it; and what appeared to be taken by the Judgement, etc. (i. e. lawfully) was to be written and noted by itself, and what was taken without Judgement, etc. (that is, unlawfully) was also to be written and noted by itself; and of all their take, they were to inquire the Cause, and with what Testimony or Authority they took any thing from any Man. II. Also, They were to inquire, [4.] Ibidem, n. 60. what Lands, and how much the Sheriffs had bought, or received in Mortgage, or were Pawned to them. III. Also, They were to inquire of the [5.] Ibidem. Arch-Bishops, Bishops, Abbats, Priors, Earls, Barons, Vavasors, Knights, Citizens, Burgesses, and their Senescals or Stewards, Bailiffs or Ministers, what and how much they have received in their Lands after the Term aforesaid, of every of their Hundreds, Townships, or their particular Men, by Judgement or without it; and all the Prizes or Take, the Causes, and Occasions of them, they were to be written and noted distinctly. iv Also, They were to [6.] Ibidem, 1411. lin. 5. inquire of all those that since the time aforesaid, had any Bayliwick (that is Charge or Employment) under the King, concerning an * That is, when they were void, and the Baronies in Custody or Ward. Archbishopric, Bishopric, Abbey, Barony, Honour, or Eschaet, what, and how much they gained in that Employment. V Also; They were to [7.] Ibidem, n. 10. inquire of the King's Bailiffs▪ (or Officers) who managed his Business, what in any place had been given to them. VI They were to [8.] Ibidem. inquire concerning the Goods of such as * That is Tho. Becket the Archbishop, and his Friends. fled by reason of the Assize of * That is Tho. Becket the Archbishop, and his Friends. Clarendon, and of the Goods of such as suffered by it: what was done and received of every Hundred, Township, or Man; They were to inquire, whether any one was unjustly accused in that Assize, for Reward, Promise, Hatred, or any unjust way: or if any one accused, was released, or his Judgement reversed, for Reward, Promise, or Affection, and who received the Reward; They were to inquire concerning the Aid to Marry the King's Daughter, what was received in every Hundred, in every Township, and of every Man, and who received it. VII. They were to [9.] Ibidem, n. 20, 30. inquire what and how much the Foresters took, their Bailiffs, or Ministers, or Servants after the time aforesaid, in their Bailiwicks or Liberties, after what manner, and upon what occasion; and if by Connivance they omitted to exact what was due to the King, for any Reward, Promise, or Friendship; and of the forfeitures of Forests, and of such as forfeited in the Forests concerning Hearts, Hinds, or other Wild Beasts. And if the Foresters [1.] Ibidem. or their Servants took any Man, or did upon Accusation take Security and Pledges for him, and then released him without Justice; They were to inquire who did these things, and to note them. VIII. And all that were [2.] Ibidem, n. 40. accused of any Fault were to give Security and Pledges, to appear before the King on the day they should appoint, to do such Right to the King and his Subjects as they ought to do, and such as had no Pledges were to be imprisoned. IX. They [3.] Ibidem, n. 50. were to inquire if the Sheriffs, or any of their Bailiffs, or Lords of Towns, or their Bailiffs had returned any thing they had taken, or had made their peace with their Men, or Tenants, or Vassals, to stop their Complaints for coming before the King. X. They [4.] Ibidem. were to inquire who had been Amerced, and if any one had been excused or abated any thing of what he was first Amerced, and by whom it was done. XI. Also, [5.] Ibidem. They were to inquire in every Bishopric, what, and how much, and for what Cause, the Arch-Deacons, or Deans (Rural Deans) took of any one, and the whole was to be written down and noted; and they were to inquire, who ought Homage to the King, and had not done it to him, nor his Son; and there was a Roll to be made of them. This wonderful [6.] Ibidem, n. 60. & Col. 1412. lin. 4. & n. 10, 20. An. Do. 1170. The day of General Appearance was the Fourteenth of June. Who appeared. Inquisition was made, and all were commanded to appear before the King at London on the Fourteenth day of June. And upon that day the Bishops, Abbats, Earls, Barons, Sheriffs, Bailiffs, and Aldermen of all England appeared with their Fidejussors, or Sureties, in great fear, for they knew not the King's Design or Intentions. King Henry cau●ed his Son to be Crowned. On that very day he Knighted his Son Henry, (who came out of Normandy but that Week) and presently commanded him to be Anointed and Crowned, all present being astonished, and wondering at this Act. The Archbishop of York performed the Coronation Ceremonies, which ended, the new King, by Command of his Father, The Earls and Barons do Fealty to him. received the Fealties of all the Earls, and Barons, and thus freed from their fear, they all departed to their own Homes. Benedictus Abbas gives a shorter Account of this Inquisition, and in some things different. ●At Easter (saith he) [7.] P. 29. b. & p. 30. a. the King kept his Court at Windsor, where were present at that Feast William King of Scots, A great Council at London. and David his Brother, and almost all the Nobility, and Great Men, as well Bishops, as Earls and Barons, from whence after the Solemnity he came to London, and held a great Council for the Coronation of his eldest Son Henry, and concerning the Statutes of the Kingdom. In this Council he turned out of their Offices almost all the Sheriffs of England and their Bailiffs, for abusing his People, and caused them to do Right to himself and them, by causing all the * Omnes homines Regni sui, scilicet Comites, Barones, Milites, Francos tenentes, & etiam Villicanos, etc. Willielmum Regem Scotiae & Davidem fratrem ejus, & omnes Comites, & Barones & Francos tenentes Regni sui fecit, etc. The King of Scots, his Earls and Barons swear Fealty to the new King. Men of his Kingdom, Earls, Barons, Knights, Franc-Tenents, and also Husbandmen in every Shire to Swear, what, and how much the Sheriffs and their Bailiffs had taken of them, and what with Judgement of the County or Hundred, and what without Judgement, and for what Forfeitures. But by this Inquisition the Nation received much damage, for the King restored some of the Sheriffs to their Places, and they used greater Extortion than before. On the Fourteenth day of June, in the presence of almost all the Earls, Barons, and Noblemen of the Land, he caused his eldest Son Henry to be Crowned, and Consecrated King, by Roger Archbishop of York, and Legate from the Apostolic See, and the day after caused William King of Scots, David his Brother, and all the Earls, Barons, and Franc-Tenents of his Kingdom, to become the Men of the new King his Son, and made them Swear Allegiance and Fealty to him against all Men, saving the Fealty they ●ought to himself. On [8.] Ibidem. King Henry goes into Normandy. The King of France angry that his Daughter was not Crowned Queen. The new King made Viceroy of England, and a new Seal made for him. Midsummer-day the King the Father was at Portsmouth, from whence he sailed into Normandy, for that King Lewis of France was angry, that his Daughter Margaret was not Crowned with the new King her Husband, and threatened War there. At his departure he granted to his Son, to do all Right and Justice in his absence, by a new Seal he commanded to be made for him. On [9.] Ibidem, p. 30. b. The two Kings are Friends. the Twenty second of July, on St. Marry Magdalens-day, the two Kings met at Vandeure in Main, where upon a Conference they agreed very well. From * Ibidem. King Henry fell into a dangerous Sickness in Normandy. He divides his Kingdom and Lands amongst his Sons. this Conference he returned into Normandy, and about the Feast of St. Laurence, or Tenth of August, he fell into so great a Sickness, as it was reported through all France he was dead. In this Sickness he divided his Kingdom and Lands amongst his Sons; To Henry the eldest he gave the Kingdom of England, the Dukedom of Normandy, and Earldoms of Anjou and Main, and left his youngest Son John to be provided for and maintained by him. [1.] F. 296. b. n. 40. But Roger Hoveden says, he gave unto John the Earldom of Moreton in Normandy. To his Son Richard he gave the Dukedom of Aquitan, with all its Appurtenances, to be holden of the King of France; And to his Son Geofry the Earldom of Britain, with the Daughter and Heir of Earl Conan, to be holden of the King of France. After King [1.] Rog. Hou. f. 298. a. n. 50. An. Do. 1170. King Henry claims the Archbishopric of Bourges, etc. Henry was perfectly Recovered of his great fit of Sickness, he laid claim to the Archbishopric of Bourges, as belonging to the Dukedom of Aquitan, which Lewis King of France denied, from whence great Discord arose between the two Kings; The King of England came into Berry with an Army, to take possession of it, encouraged thereunto by the Confession of the Archbishop then upon his Deathbed, That of Right it did belong to the Duchy of Aquitan; A Truce between the two Kings. but the King of France coming likewise with an Army into that Country, prevented his Design, and the Discord ended in a Truce until the Feast of St. Hillary following. Next year King Henry being in Ireland, and busy about the Conquest, and Establishment thereof, (of which more afterward) he had [2.] Ibid. f. 302. b. n. 30. news of the two Cardinals, Theodinus, and Albertus, the Pope's special Legates, coming into Normandy; with mighty haste he comes from Wexford, arrives in Milford-Haven, and with great dispatch proceeds to Portsmouth, from whence with his Son Henry he passeth into Normandy, and finds the two Cardinals at Caen; by their Advice he was reconciled to King Lewis concerning the Crowning of his Daughter, so as he sent back his Son into England, and with him Rotrod Archbishop of Roven, Giles Bishop of Eureux, Young King Henry and his Wife Margaret both Crowned. An. Do. 1172. and Roger Bishop of Worcester, to Crown him and Margaret his Wife and they performed that Solemnity at Winchester in the Church of St. Swithin, on the 27th of August 1172. After this, about the [3.] Ibidem, f, 304. a. n. 20, 30. Feast of All-Saints, the new King of England with his Queen, according to his Father's Command though much against his Will, went into Normandy; when he came to his Father, he sent him to the King of France, who had a desire to see, and speak with his Daughter, he received them both with great Joy and Honour, and they stayed some time with him. The King of France makes Discord between the two King's Father and Son, and sets the Son to demand either England or Normandy of his Father for a Subsistance. From this Visit there arose great Mischief, as well to France as England for King Lewis, who always hated the King of England, advised the new King, that presently upon his return into Normandy, he should Require of his Father either all England, or all Normandy, as a Subsistance for him and his Wife; and directed him, that if his Father would grant neither, he should return into France to him. In the mean time the King suspecting the Fraud and Malice of the King of France, of which he had had often experience, sent for his Son and his Wife, they came to him; Towards Christmas he went into Anjou, and left his Son and Daughter in Law in Normandy. Walsingham Reports, [4.] Hypod. Neustr. f. 447. n. 40. Queen Alienor suspected to have caused Division between her Husband and Son. That whilst the King was in Ireland, Hugo de St. Maur, and Ralph de Faia, the Queen's Uncle, (as 'twas said, by her instigation) began to avert the Mind of the young King from his Father, suggesting to him, It seemed indecent to all Men, that any Man should be a King without a Country or Dominion. About this time [5.] ●en. Ab. ●. 43. a. Adam de Port outlawed for Treason, not appearing upon Summons. one Adam de Port was impeached of Treason, for Conspiring the King's death, and because being summoned by the King, he would not stand to Judgement, he was Outlawed from England. After [6.] Hoved. f. 304. a. n. 40. Christmas King Henry sent for his Son to Chinon in Anjou, from whence they went to Averng, to * In Hoveden 'tis Montferrat, but mistaken for Clermont. Clermont, to meet and Treat with Hubert Earl of Maurania, now Savoy, about a Marriage between his youngest Son John, and his Daughter Alice, with whom he was to have had her Father's Dominions. This Treaty of Marriage was performed, and concluded with the greatest State and Solemnity imaginable; 'tis long, and because she died before it took effect, I have omitted it. From hence they both went to Lymoges, where [7.] Ibid. f. 305. a. n. 20. The Earl of St. Giles doth Homage to the King and his Son Richard for Tholose. Raymund Earl of St. Giles came to them, and became their Man, or did Homage both to the King of England, and Richard his Son Earl of Poictou, to hold Tholose of them in Hereditary Right, by the Service of coming to them upon Summons, and staying in their Service forty days at his own Cost; but if they would have him stay longer in their Service, it was to be at their Charge; and furthermore, he was to give them for Tholose yearly, One hundred Marks of Silver, and ten Horses fit for War, every of them to be worth Ten Marks. The [8.] Ben. Ab. p. 45. b. Hou. f. 305. a. n. 30. The young King contradicts his Father. Earl of Mauriana followed King Henry to Lymoges, to know what Lands or Possessions he would give his Son John, and when he would have given him the Castles of Chinon, Lodun, and Mirabel, the young King contradicted his Father, and would not suffer him to do it, for he took it very grievously, that his Father would not assign him any of his Dominions, where he and his Wife might keep their Residence, when as he had desired England, or Normandy, The young King's mind alienated from his Father. or Anjou, by the Counsel of the King of France, and the Earls and Barons of Normandy that loved not his Father: From this time he sought occasions and opportunity to recede from him, and would in nothing hearken to his Advice. Having [9.] Ben. Ab. p. 46. a. The young King leaves his Father. therefore dispatched his Business at Lymoges, he hastened to come into Normandy as soon as he could, and his Son with him; Coming to Chinon, the King stayed there all Night, his Son not having taken his leave of his Father, went forward, and on the Morrow was at Alencon, and the next day at Argentom. His Father followed him, and that Night he was at Argentom, his Father was at Alencon, and that very Night about Cock-Crowing, And goes to the King of France. he with his private Family came to the King of France, on the Eighth day of March. The King [1.] Ibidem. The King visits and strengthens his Castles in Normandy, and in the Borders. knowing his Son had escaped, feared the treachery of the French, and therefore with great diligence visited his Castles in the Borders of Normandy toward France, and well Manned and Victualled them. guysor's also he strengthened as well as he could; he likewise visited his Castles in Normandy, and sent his Commands to all his Castellans in England, Anjou, and Britain, that they should strongly guard, and take care to secure the Castles under their Command. [2.] Ibid. b. The Authors of the Conspiracy against him. Queen Alienor suspected. The chief Contrivers of this Treason were Lewis King of France, and as some said, Queen Alienor, and Ralph de Faia; for she had with her Richard Duke of Aquitan, and Geofry Earl of Britain her Sons, and sent them both into France to the young King their Brother, that they might side with him against their Father. After the departure of the young King, [3.] Ibidem. Young King Henry's Chancellor brought his Seal to his Father. Richard Bar his Chancellor returned to his Father, and delivered him the Seal he had committed to him, which he received, and caused it to be securely kept. The Servants also which he had placed in his Son's Family, returned to him, and brought with them his Carriages, Sumpters, and Furniture; his Father would not retain them, but sent them back to his Son, and moreover sent by them Silver Vessels, Horses, and Apparel, and commanded them they should serve him faithfully; But when they came, such as would stay, He caused such as stayed with him to Swear Fealty to him against his Father. he caused to swear Fealty to him against his Father, and would not permit any to stay with him, that would not take that Oath; To wit, Walter his Chaplain, Edward his Chamberlain, and William Blund his Porter. These came and stayed with his Father. In the mean while Lewis King of France was very kind to his [4.] Ibidem, p. 47. a. Anno Dom. 1173. The King of France received the young King and his Brothers kindly, and caused a new Seal to be made for him. The whole Kingdom of France engage against King Henry in a Council. His Sons not to make Peace with him without his Consent. Son in Law, and to his Brothers, and those that came with them; and caused a new Seal to be made for him, with which he confirmed all his Grants and Donations; he also called together Earl Robert his Brother, Philip Earl of Flanders, and Matthew his Brother Earl of Bologn, Henry Earl of Troy's, Theobald Earl of Blois, and Earl Stephen, and the other Earls, and Barons of France, and also the Arch-Bishops, and Bishops, and all the Clergy and People of France, and held a great Council in Paris, in which he himself swore, he would according to the utmost of his Power assist the young King to maintain the War against his Father, and to gain the Kingdom of England. The like Oath he caused the Earls and Barons of France to swear to him: they first having ●ceived the Oaths and security of the young King, and his Brothers, that they would never recede from the King of France, nor make Peace with their Father without his consent, and good liking of his Barons. In this Council the [5.] Ibidem, a. and b. The young King receives the Homage of Philip Earl of Flanders, Matthew Earl of Bologn, Theobald Earl of Blois, etc. young King received the Homage and Fealty of Philip Earl of Flanders, and gave him for his Homage and Fealty, One thousand Pounds yearly Rend in England, and the whole County of Kent, with the Castles of Dover and Rochester. Likewise he received the Homage and Fealty of his Brother Matthew Earl of Bologn, and for them he gave him the whole Soak, or Liberty of Kirketon in Lindsey, and the Earldom of Moreton. He received also the Homage and Fealty of Earl Theobald, and to him he gave 500 l. by the year of Anjou Rent, the Castle of Ambois, with all the Right he claimed in Turain, and all the Right which his Father and he claimed in Castle-Reginald; All these Donations he confirmed with the new Seal which the King of France caused to be made, William King of Scots, and David his Brother do voluntary Homage to him. and many others. He granted to William King of Scotland for his Homage and Service all Northumberland to the River Tine; To David his Brother he gave the Earldom of Huntingdon, and as an Augmentation, added all Cambridgeshire; To Earl Hugh Bigot, he gave the Honour of Eye to hold in Fee and Inheritance; and the Castle of Norwich in Custody to him and his Heirs for ever. After Easter [6.] Hoved. f. 305. b. n. 10. A general Insurrection against King Henry of England. the whole Kingdom of France, the young King, his Brothers Richard and Geofry, and almost all the Earls and Barons of England, Normandy, Aquitan, Anjou, and Britain, risen up against King Henry the Father, and wasted his Countries on all sides with Fire, Sword, and Rapine: They besieged and took his Castles, and he resisted, and made what defence he could; he had with him 20000 * Often in old Historians, they are called Pradones Brabantini, the Plundering Brabanters. Brabanters which served him faithfully, but not without great Pay. Philip Earl of [7.] Ibidem, n. 40. Albamarle, and Dreincourt taken from the King. Flanders marched with a great Army into Normandy, besieged and took Albemarle, and from thence went and besieged Driencourt, which was delivered to him; Here his Brother Matthew Earl of Bologn was shot with an Arrow, of which Wound he died. In the mean time the King of France and his [8.] Ibidem, n. 50. f. 306. a. lin. 1. The King of France and his Son in Law besiege Verneul. Three burgh's in that Town beside the Castle. The great want of Victuals. Son in Law besieged Vernol; but Hugh Lacie, and Hugh Beaumond, the Constables or Governors, stoutly defended the Town, so as the King of France with his great Army and Engines made but small progress against it, though he lay a Month against it. There were within that Town besides the Castle, three burgh's, all separated from each other, and enclosed with a strong Wall, and Ditches full of Water; one was called the great Burgh, against which the King of France fixed his Engines without success. After a Month the Defendants wanted Victuals, and made a Truce with the King of France for three days, to go to the King of England to desire Relief, and if in that time they sailed of it, then to deliver the Burgh. The peremptory day appointed was the Vigil of St. Laurence; At the Request of the Defendants, the King of England came to relieve the Town, and drew up his Army; The King of France sent to the King of England the Archbishop 〈◊〉 Sens, Earl Henry, and Earl Theobald unto him, to let him know next day, which was the peremptory day, he would have Conference with him; but he neither came nor sent, and so he by a trick gained the Burgh. The great Burgh gained by a trick. The King of France his Army flies. King Henry the elder Relieves Verneul. When he had it, the King of France dare not keep it, but entered the Town, plundered it, burned the Burgh, and flying carried the Burgher's Prisoners with him into France. So soon as the King of England knew it, he pursued them, killed many, and took very many, and returned that Evening to Vernol: Lodged there that Night, and Commanded the Walls that were battered down to be repaired up. This Action was on the 9th of August. Next day he went from [9.] Ibidem, n. 30, 40. Takes Damvile. Vernol or Vernevil, and took Damvile, the Castle of Gilbert de Tileres, and in it Multos Milites, & Servientes, many Knights, and Esquires, or Servants; from thence he came to Roven, and sent his Brabanters, in which he most confided, Sends his Brabanters into Britain. into Britain, against Hugh Earl of Chester, and Ralph de Fo●geres, (he was Lord of a Castle of that name, in the Confines of Normandy and Britain) who had seized upon almost all that Country; The Earl, and Ralph came to meet them, and in a pitched Field and plain Battle the Britan's were vanquished; The Britan's vanquished in a pitched Field. Seventeen of their stoutest Knights taken. those two and the most Potent of the Britan's fled to the Castle of Dole. In the Battle were taken seventeen of the stoutest Knights, Hasculf of St. Hilary, William Patricius, or Patric, Haimer de Falcilia, Patric de Landa, Geofry Farsi, William de Rulent, Ralph de Sennes, John Pincerna, or Butler, the * He was the Deputy-Lord, Castelia●, or Governor of Dole. 1500 Britan's slain. Viguier or Vicar of Dole, William de Leges, William de Mota, Robertus de Treham, Paganus Cornutus, Reginald Pinzun, Reginald de Campo Lamberti, Eudo B●stardus, besides many others Horse and Foot; and there were slain above 1500 Britan's in the Battle, which was fought on the Twentieth day of August. The next day [1.] Ibidem, n. 50. & b. lin. 1, etc. The Brabanters besiege Do●e in Britain. The King of England goes to them. The Tower of Dole rendered. after this Battle the King of England had news of it, and forthwith marched towards Dole, (which the Brabanters presently after their Victory had invested) and gave order for his Pe●rars (Machines' to cast great Stones into Towns, or against the Walls) to be fitted and prepared, with other Warlike Engines; but the Earl of Chester, and such as were with him in the Tower, not being able to defend it, rendered themselves on the Twenty sixth day of August; and in like manner all Britain, with its Fortresses and Places of Strength, was delivered to him. [2.] Ibidem, b. n. 10, 20. The Earl of Chester taken Prisoner, and all Britain reduced. The Historian names fourscore Earls, Barons, and Great Men that were taken in this Tower or Castle, besides, as he says, many others he did not name. After these [3.] Ibidem, n. 30. A Treaty between the King and his Sons. Victories the King of France and his Adherents began to despair, and endeavoured by all means to make Peace between King Henry and his Sons. The place appointed for the meeting and Treaty was between guysor's and Try. Thither came Lewis King of France, with the [4.] Ibidem. Arch-Bishops, Bishops, Earls, and Barons of his Kingdom, and brought with him Henry, Richard, and Geofry, Sons of King Henry, who came also with the Arch-Bishops, Bishops, Earls, and Barons of his Dominions, on the Twenty fifth of September. [5.] Ibidem, In hoc Colloquio, In this Conference and Treaty, the King the Father offered the King his Son, His great Offers to them. half the Rents of his Demesns of England, and four Castles there; or if his Son had rather Reside in Normandy, he offered him half of the Revenue of that Dukedom, and all the Revenue of Anjou, three Castles in Normandy, one in Main, one in Anjou, one in Turain. [6.] Ibidem. To Richard he offered half the Revenue of Aquitan, and four Castles there; and to his little Son Geofry he offered all the Hereditary Estate of Earl Conan, if by the consent of the Pope he could Marry his Daughter Constance. [7.] Ibidem, n. 40. And further, he referred himself to the Judgement of the Archbishop of Moustier●en Tarantais, and the Pope's Legates, to add to their Revenues what they should think just and equal, reserving to himself Royal Justice, Dignity, and Power. But it was not the mind of the King of France such a Peace should be made; for presently after the Treaty, he and the young King [8.] Ben. Ab. p. 52. b. & Hoved. ut sup. n. 50. The Earl of Leicester comes into England with an Army of Flemings. Hageneth Castle taken. sent Robert Earl of Leicester with an Army of Flemings into England, who with his Countess and Army landed upon the Coast of of Suffolk, about the Feast of St. Luke, and were received by Earl Hugh Bigod into his Castle of Framingham, where he furnished them with Necessaries. The Earl besieged Hagenet, a Castle whereof Ranulph de Broc had the keeping, and within four days took it; and proceeding from thence to Leicester, it was told him, there was a great Force got together about St. Edmunds-Bury, and being surprised at the News, he returned. At this time Richard de Lucy [9.] Ibidem Ben. Ab. p 53. a. ●oved f. 307. a n 10, 20. Richard Lucy and Humfrid de Bohun make Truce with the King of Scots. Justiciary of England, and Humphrey de B●hun the King's Constable, were gone forth with a great Army to waste the Dominions of the Kings of Scotland; they had burnt B●rwick, and spoiled the Country round about it, but receiving the News of the Earl of Leicester, they made Truce with the King of Scots, until the Feast of St. Hillary, and gave, and took Hostages on either side for the performance of it. This done, Humphrey de Bohun marcheth as fast as he could toward St. Edmunds-Bury, expecting the coming of the Earl of Leicester; There came into his assistance Reginald Earl of Cornwall, * This should rather be William, for Robert was then Son to William Earl of Gloucester. They with the assistance of other Earls, rout the Earl of Leicester's Army. And kill Ten thousand Flemings. The Earl of Leicester and his Countess taken Prisoners. Robert Earl of Gloucester, and William Earl of Arundel, about the Feast of All-Saints came from Framingham with his Army near to St. Edmunds-Bury, in a place called Fornham, in a Marsh or Meadow not far from the Church of St. Genovef; The Earls with a great Army, and Humphrey de Bohun with three hundred of the King's 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 Flemings, 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 surrendered 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 Campen●, which Robert de Ble held against him, were rendered; 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 Knight's 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 Christmas [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 e●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, entered 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 Author's 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 King's 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 stayed there so long as the Garrison 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 Car●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 Archbishop 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 inhuman 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 surprised 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 Fleming, Waldeuf Fitz-Baldwin de Bicre, and Richard Malus Jwellus. 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 ●e had retained. He puts the Knights or Horse into Alverton Ca●le. and 500 Flemings, for whom the Bishop had sent; but when he heard the King of Scots was taken Prisoner, he remanded the Flemings, giving them forty days Pay according to Contract, but retained Earl H●gh and his Knights, and delivered to them his Castle of Alverton, which they were to defend. Huctred the Son of [2.] Ibidem. Huctred Prince of Galway rejects the Government of the King of Scots. Expels his Officers out of his Country. Kills all the English & Fr. he could take. Destroys the Fortress the King of Scots had raised. Fergus, Prince of the Country of Galway, and his Brother Gilbert, so soon as they heard their Lord the King of Scots was taken, with their Galwalens returned home, and expelled out of Galway all the Bailiffs and Ministers, or Keepers, the King of Scotland had imposed on them, and killed all the English and French they could apprehend: all the Fortresses and Munitions the King of Scots had built, and raised in their Country, they besieged, took, and destroyed, and put to the Sword such of the Defendants as fallen into their hands. While these things were done in the [4.] Ibid. b. Norwich fired. The Soldiers from Leycester fight with the Burgesses and Soldiers of Northampton, and beat them, etc. North, Earl Hugh Bigot came with his Flemings to Norwich, and fired it; and presently after Whitsunday, Anschelil Mallore, the Constable of Leicester, went with his Soldiers to the King's Town of Northampton, and the Burgesses with the Soldiers they had within, went out to meet them; they fought, and the Leycestrians were Victors, carrying away with them 200 Prisoners, and a great Booty. At the same [5.] Ibidem. Geofry Elect of York destroys the Fortress in the Isle of Axholm. time Geofry the King's Base Son, Elect of Lincoln, called together the Forces of Lincolnshire, and besieged the Fortress Roger Mowbray had built in the Isle of Axholm, took it in few days, and demolished it; and as he was going to assist the Leycestrians, he was taken by the Country People at a place called Clay. So soon as Geofry [6.] Ibidem. The Castle of Massarch taken. Elect of Lincoln had taken and destroyed this Castle, he joined himself to the Archbishop of York, and they besieged Roger Mowbray's Castle of Massarch, and took it with many Knights and Servants in it; and it was delivered into the Custody of the Archbishop of York. While these Bishops [7.] Ibidem. Nottingham plundered and burnt. were busy in Yorkshire, Robert Earl of Ferrer, with the Soldiers of Leycester, came very early in the Morning to Nottingham, the King's Town, whereof Reginald de Lucy was Governor, which they presently took without difficulty, and burned it, killed the Burgesses, and carried many away Captive, and what Prey they could get. Toward [8.] Ibidem, p. 56. b. Huntingdon Castle besieged. The Town burnt. The Earldom of Huntingdon claimed in the King's Court. Midsummer Richard de Lucy besieged Huntingdon Castle; the Garrison had burnt the Town before his coming; Richard de Lucy built a Fortress before the Gates of the Castle, so as none of the Garrison could go out with safety, and by the King's Command, put it into the hands of Earl Simon, who claimed the County of Huntingdon in the King's Court, as his Inheritance: which the King granted to him, if he could get it. At [9.] Ibid. & p. 57 a. The young King of England, and Philip Earl of Flanders come with a great Army to Gravelin, Intending to come for England. Midsummer the young King, and Philip Earl of Flanders, at the Instigation of the King of France, and the Request of the Earls, and Barons of England, came with a great Army to Gravelin in Flanders, where there were Ships ready to Transport them. In the mean while the old King was with his Army in Poictou, and subdued many Forts and Castles, The old King subdues Saints, takes many Castles and Forts in Poictou. and at length came to the City of Saints, entered it and took two Towers, whereof one was called the great Tower, wherein were many Knights, and Esquires, or Servientes; He likewise besieged the Cathedral, which was fortified and Victualled against him, and within few days possessed himself of that, where he took also many Knights and Servants; afterwards he returned into Anjou, about St. Barnaby he took Ancena, He wastes that Country, extirpates the Vines, and Fruit-Trees. the Town of Guininon de Ancena, and built there a strong Fortress, and placed a Garrison in it; After this he wasted the whole Province, and extirpated the Vines, and Fruit-Trees, and then returned into Normandy. The young [1.] Ibidem, p. 57 a. Hoved f. 308. b. n. 20. The young King and Earl of Flanders Wind-bound. The old King Lands at Portsmouth. King, and the Earl of Flanders were yet at Gravelin, detained with contrary Winds; King Henry the Father, to oppose, and bring to nothing what they might do in England, he went speedily to Barfleu, and landed at Southampton the Eighth of July, with both the Queens, the Brabanters, and his Prisoners, the Earls of Leycester and Chester; From thence he went toward Canterbury, and so soon as he saw the Cathedral there, where Archbishop Thomas was buried, he behaved himself, as will be related afterward. His Devotion, or Submission, and Penance there ended, He besieged and took Huntingdon. he moved with his Army toward Huntingdon, and besieged it, and forced it to surrender on the Twenty first of July, upon Mercy, saving the Lives and Limbs of the Defendants. From thence the King marched [2.] Ibidem, & Ben. Abb. p. 27. b. He marcheth to Framingham, Earl Hugh Bigot delivers that and Bungey Castle to him. The Bishop of Durham delivers his Castles. The Constables of the Earl of Leicester delivers his Castles. Roger de Mowbray and Earl Ferrer deliver their Castles. with his Army toward Framingham Castle, where Hugh Bigot was with a great Force of Flemings, and pitched his Tents before it, and on the Morrow, on the Twenty fifth of August, the Earl came, and made Peace with the King, and delivered his Castles of Framingham and Bungey, and with great difficulty obtained of him, that the Flemings might departed home; From thence the King went to Northampton, where came to him the Bishop of Durham, and delivered him that Castle, the Castles of Norham and Alverton, and he scarce could obtain of the King, that Hugh Earl of Bar his Nephew, and the Soldiers or Knights that came with him out of France, should return from whence they came. And on the same day, the Thirty first of July, came to him Ansketil Mallore, and William de Diva, Constables of the Earl of Leycester, and rendered the Castles of Leycester, Montsorrel, and Groby; and the same day came to him Roger Mulbray, or Mowbray, and rendered his Castle of Treske; and then also came the Earl of Ferrer, and delivered his Castles of Stutesbury, and Duffeld. While [3.] Ibidem, p. 58. a. b. Hoved. ibid. n. 40. The young King and Earl of Flanders recalled from Gravelin. Roven besieged. The old King Lands at Barsleu in Normandy. these things were doing in England, the King of France recalled the young King and Earl of Flanders from the Sea Coast, and with a great Army besieged Roven, but prevailed little against it, for the Barons, and Knights of Normandy, that hearty loved Henry the Father, put themselves into the City, and courageously defended it. This news coming to King Henry the elder, his Affairs in England being in a great measure settled, with great speed he went to Portsmouth, and on the Eighth of August, being Friday, landed at Barfleu in Normandy, and carried with him his Brabanters, and One thousand Welsh; With him he also carried William King of Scots, the Earls of Leycester, and Chester, and first imprisoned them at Caen, and afterward at Falais. On Sunday next he came to Roven, the next Morning early he sent the Welsh beyond the River Seyn, to search the Woods on that side of the Town, where the King of France was with his Army, they met with forty Wagons laded with Wine and Victuals from France, The Welsh take a French Convoy of Wine and Victuals. the Drivers and Convoy fled, the Welsh pursued and took some, and killed others, and returning to their Prize, they broke the Wagons, and staved the Wine Vessels, leading away the Horses. The Report whereof coming to the King of France and his Army, they thought of nothing but slight. The King of England in the mean time cleared the Gates the Citizens had stopped up, and marching out, filled up the Ditch which was drawn between the King of France his Army, and the City. The King of France then Commanded, That his Stone-Casting, and other Warlike Engines should be broken, and burnt; He also Commanded his Soldiers to Arm. The King of England came up to his Tents with his Soldiers, or Knights, and their Servants; and the King of France, his Knights, and Servants, or Esquires, came out of their Tents, and charged furiously the English, The English beat the French. who took and wounded many of them, and killed most of their Horses. Next Morning William Archbishop of Sens, and Theobald Earl of Blois, came to the King of England, and asked Leave that the King of France might safely Retreat with his Army to Malhauny, The Siege raised. upon Condition he came next day to Treat with the King of England; and that he should do so, they both obliged themselves by their Faiths and Oaths; and so the King of France departed with his Army to the place appointed, and there stayed; but about Midnight, The King of France regards not his Promise. An. Do. 1174. he privately caused his Soldiers to march, and they halted not until they came into France: not regarding the Faith and Oaths of the Archbishop or Earl, by which for his advantage they had obliged themselves. This Retreat of the King of France happened on the Fourteenth of August. On the day following the Archbishop and Earl came again [4.] Ibidem, p. 58. b. & p. 59 a. to King Henry the Father, and propounded a * Colloquium, That was the word as much used in the old Historians, French and English, as Concilium was for a Parliament. Richard Earl of Poictou Rebels against his Father. He flies before his Father, and leaves his Castles and Fortresses. He casts himself at his Father's Feet, and begs Pardon. Conference or Treaty between him and the King of France at Gisers, upon the Feast of the Nativity of the Virgin Mary, or Eighth of September; at which time they met, but could not agree: but appointed another Colloquium or Treaty on Michaelmass-day, between Tours and Ambois, upon Condition, that the King of England the mean while might march into Poictou, to subdue his Son Richard, they swearing, That neither the King of France, nor the young King, nor any for them, or on their Party, should give, or send him Relief. When he came into Poictou, his Son Richard dare not stand him, but fled from every place where he thought he would come, and relinquished the Castles, and Fortresses he had formerly taken; and when he heard the King of France and his Brother, had made Truce with the King his Father, and excluded him, he was mightily troubled, and came weeping, and cast himself at his Father's Feet, and asked his Pardon. He moved with Paternal Compassion, received him into favour, and kissed him. [5.] Ibidem, p. 59 a. Hoved. f. 309. a. n. 30, 40, 50. Who forgives him. This Peace was made between his Father and him on the Twenty third of September. Richard went with his Father to meet the King of France, and his Brother, that he might inform them what he had done. On Michaelmass-day all Parties met between Tours and Ambois, according to Agreement, and the day following the young King and his Brothers, All his Rebellious Sons submit to his Mercy. according to the Advice of the King of France, submitted themselves to their Father's Mercy, and made with him Articles of Peace, and confirmed them with their Seals. I. The young King [6.] Append. n. 35. Articles of Peace between old King Henry and his Sons. Henry, and his Brothers Richard, and Geofry, should return to the Obedience of their Father, notwithstanding any Oaths (of which they were to be absolved) they had made between themselves, or with others, against him or his Men. II. That all their Men (Tenants in Military Service, or such as had otherwise done Homage to them) and Barons, (such as held immediately of them their Baronies) that had for their sakes receded from the Fidelity they ought to their Father, were by them to be freed, and acquitted from the obligation of such Oaths and Covenants they had made with them, and so were to return into the Homage and Allegiance of their Lord the King. III. The King, his Men, and Barons were to re-have, and possess all their Lands, Castles, etc. which they had fifteen days before the Rupture between Father and Sons. Likewise the King's Barons and Men, that left him, and followed his Sons, were to have again all their Lands, they had at the same time. iv The King the Father remitted all Evil Will towards his Barons and Men which left him, so as for that he would do them no Evil, so long as they served him faithfully, as their Liege Lord. The like the young King remitted to all Clerks and Laics which were in his Father's Service, and gave Security he would not procure their hart or damage in his whole Life. V By this Concord the King was to give his Son Henry two convenient Castles in Normandy, by his own appointment, and 15000 l. yearly of Anjou Money. To his Son Richard two convenient Receptacles or Places of Receipt in Poictou, so as no damage might accrue to his Father from them, and in Money half the Revenue of Poictou. To his Son Geofry he gave in Money half the Fortune or Revenue he was to have by his Marriage of Earl Conans Daughter, and after he was Married to her, (by Consent of the Pope) the whole Revenue, as Earl Conan had directed. VI The Prisoners that had Compounded, and made their Compositions with the King, (that is) William King of Scotland, the Earls of Leicester and Chester, and Ralph of Fougeres, and their Pledges, were exempted out of this Concord. But the other Prisoners on both sides were to be delivered, and set free, yet so, as the King should take Pledges of such as he pleased, and such as were able to give them; and of others he was to have their Fealty and Oath, and Security of their Friends. VII. The Castles that were fortified in the time of the War, were to be in the same Condition they had been before the War. VIII. That Henry the young King should firmly observe the Donation made by his Father to his Brother John; That is to say, One thousand Pounds yearly out of his Demeasns and Escheats in England, the Castle of Nottingham with the County, the Castle of Malborough, with its Appurtenances; In Normandy, One thousand Pounds by the year of Anjou Money, and two Castles, such as his Father would appoint; In Anjou, and the Lands that were the Earls of Anjou, One thousand Pounds yearly of Anjou Money, and one Castle; and in Turain one Castle, and in Main one Castle. IX. The King for the love of his Son, pardoned all forfeitures of such as left him, and adhered to his Son, so as they were not to answer for them; but for Death, Treason, and the loss of a Member, they were to answer according to the Judgement and Custom of the Land; If any one had forfeited any thing before the War, he was to stand to * Or the Law. Judgement for that; They that were engaged in any Plea or Suit, the Plea or Suit was to be in the same state and condition it was before the War. X. King Henry the Son gave his Father Security, that he would keep this Concord; As also he and his Brothers gave him Security, that they would not exact more of him against his Will, than what he had given, and that they would never withdraw their Services from him. Richard and Geofry became his Men, (that is, did Homage to him) for what he had given them, and what they held of him; Henry would have done it likewise, but his Father would not receive it, because he was a King, yet he took Security of him. At the same time [7.] Ben. Abb. p. 60. b. Gilbert kills his Brother uctred Prince of Galway. there was a Dissension between uctred and Gilbert the Sons of Fergus, who should Rule in the Country of Galway, so that they both contrived, and laid Designs to kill each other. Gilbert called his Men together, and Consulted with them how they might take and destroy his Brother; His Son Malcolm not long after sets upon the Island in which uctred Resided, and took him, and commanded he should be slain, first having ordered he should be Emasculated, Roger Hoveden and Robert de Vaus sent to Treat with him. and have his Eyes pulled out. The King not knowing this, sent one of his Clerks, by name Roger de Hoveden, to Robert de Vaus Governor of Carlisle, that they two might go to the two Brothers aforesaid, and endeavour to bring them into his Service. When they came to Discourse with Gilbert and the Galwegians, about the Twenty third of November, they offered them, to the use of the King, King Henry hearing of the Murder of uctred refuseth Peace with the Galw●gians. 2000 Marks of Silver, and 500 Cows, and 500 Hogs, as a yearly Rent, upon Condition he would receive them into his Protection, and secure them from the Servitude of the King of Scots. But these Messengers would conclude nothing, until they spoke with the King of England, who when he had heard how uctred his Kinsman was slain, he would make no Peace with the Galwegians. At Christmas [8.] Ibidem, p. 61. b. & 62. a. He sends his Son Richard into Poictou, to demolish the Castles and Fortresses there, that had been fortified against him. the King was at Argentom in Normandy, and from thence sent his Son Richard into Poictou, to reduce the Castles of his Earls and Barons, which they had fortified against him, to the same Condition they were in before the War, and to demolish such as he thought sit, and by his Letters Ordered the Army of Poictou, his Bailiffs, and Ministers, to be assistant to him. On the Second of February the two English Kings were at Man's, and from thence came into Normandy, and the Twenty fourth of that Month they had a Conference with the King of France at guysor's, and went from thence to Roven, where he left his Son, and went on into Anjou, and fortified his own Castles, and demolished some others, and the Residue he reduced to the same State they were in before the War; and from thence came to Caen in Normandy, and sent for his Son to come to him, to go over with him into England: at first he refused, The young King unwilling to go with his Father into Normandy. upon the suggestions of People, That if his Father got him into England, he would put him in Prison; at length his Father plying him with many Messengers and good words, so wrought upon him, as he came to him to Bure, and there before the Archbishop of Roven, and Henry Bishop of Baieux, and William Earl of Magnavill, and Richard Humet Constable of Normandy, and other the King's Friends and great Officers, threw himself with Tears at his Father's Feet, Young King Henry doth Homage to his Father. beseeching him to receive his Homage and Allegiance, as he had his Brothers; And added, That if his Father would not receive his Homage, he could not believe he loved him. At length, by the persuasion of the Standards by, he received his Homage and Allegiance, and sent him to the King of France, while he went to Valoingues, and from thence to Cherbourgh, where his Son came to him; and from thence they both went to Caen to meet Philip Earl of Flanders, They both come for England. who delivered up the Chart of the Donation made to him by the young King, and then they Confirmed to him the Revenue he used to receive in England before the War. From Caen they went to Barfleu, and arrived at Portsmouth on the Ninth of May. But before his coming over he sent his Son Geofry into Britain, An. Do. 1175. The Castles and Fortresses demolished in Britain. and commanded him to demolish the Castles and Fortresses that had been fortified against him in that Dukedom. The King [9.] Ibidem, p. 65. b. & 66. b. The King impleads the Earl of Gloucester, and all the Earls, Barons, Clerks, and Laics in England. impleaded the Earl of Gloucester, for that he forced his Soldiers out of the Tower of Bristol, and kept it in his hands during the time of the War; and he willing to satisfy the King, delivered him the Tower. He likewise impleaded all the Earls, Barons, Clerks, and Laics of England concerning their Forfeitures in his Forests, and for Hunting in the time of War, and caused them all to be Fined, notwithstanding Richard de Lucy Justiciary of England appeared on their behalf, and vouched the King's Mandate from beyond Sea, by which he was empowered to grant them Licence to Hunt, etc. On the Tenth of August [1.] Hoved. f. 311. b. n. 30, 40. Ben. Abb p. 66. b. 67. a. & b. Both Kings meet at York where the King of Scotland, and David his Brother did Homage to them both Kings were at York, where William King of Scotland, and David his Brother, Cum universis fere Episcopis, Abbatibus, & aliis Magnatibus terrarum suarum, says Hoveden, with almost all the Bishops, Abbats, and great Men of his Land. Abbot Bennet says, That the King of Scots met him there, & secum adduxit omnes Episcopos, Comites, Barones, Milites, & Francos Tenentes terrae suae a maximo ad minimum, and brought with him all his Bishops, Earls, Barons, Knights, and Franc-Tenents, or such as held by Military Service from the greatest to the least. The Business of this great Meeting was to renew the Peace and Agreement the King of Scots had made with the King of England, when he was his Prisoner at Falais in Normandy. The Effect where f was. 1. ●That the King of Scotland and David his Brother did Homage to King Henry for all the Territories they were possessed of, namely, Scotland and Galway, and did Swear Allegiance and Fealty to him against all Men. The like they did to Henry his Son, saving their ●Allegiance and Fealty to his Father. The Bishops and Abbats of Scot and swear Allegiance and Fealty to the Kings of England and their Heirs. 2. ●In like manner Richard Bishop of St. Andrews, Joscelin Bishop of Glasco, Richard Bishop of Dunkeld, Christian Bishop of Galway, Andrew Bishop of Ca●nes, Simon de Thoum Bishop of Murrey, the Abbot of Kelzan, Lauren●e Abbot of Malros, and the Abbot of Newbottle; and besides those all the Abbats of Scotland did Swear Allegiance and Fealty, by the Command of the King ●of Scotland, to both Kings of England, and their Heirs for ever. 3. ●The same Bishops swore, That if the King of Scotland observed not this Agreement with the King of England, they would put him and his Land under an Interdict, until he submitted himself to his good pleasure. They swear Subjection to the Church of England. They also Swore, they would continue the same Subjection to the Church of England their Predecessors ●were used to observe, or such Subjection as was due unto it. 4. The Earls and Barons of Scotland swear Allegiance to both the King and his Son Henry. ●In like manner the Earls and Barons, by Command of the King of Scotland, did Homage, and swore Allegiance and Fealty to both Kings against all Men, viz. Earl Dun●can, the Earl of Angus, and Earl Waldef; and they swore, That if the King of Scotland should recede from the Agreement, they would assist the King of England against him, until he made satisfaction according ●to his Will. The Agreement between the King of England and Scotland Sealed. Several Cautionary Towns and Castles put into the King of England's hands. And then the King of England caused the Agreement between him and the King of Scotland to be read before them all, and to be Confirmed with his Seal and the Seal of his Brother David; which see in the Appendix, n. 167. But besides their Seals, he had for his Security the Castles of Rokesburgh, Berwick, Gedwurth, Edinburgh, and Sterling, put into his Hands, which were to be maintained by a proportionable Allowance out of the Revenue of the King of Scotland, by assignment of the King of England. After [2.] Ibidem, p 69. a. The King of England gives leave to the King of Scots to go into Galway. the dispatch of this great Affair at York, King Henry gave leave to the King of Scots to march with his Army into Galway, to subdue Gilbert Son to Fergus, that had receded from his Fealty, and wickedly slain his Brother uctred. On the Twenty fifth of January [3.] Hoved. f. 313. a. n. 50. The King holds a Council at Northampton. the King held a great Council at Northampton, with the King his Son, and with the Arch-Bishops, Bishops, Earls, and Barons, concerning the Statutes and Laws of the Kingdom: and by common Advice of them all divided it into six parts, into every one of which he sent three Justices; which were these. I. Hugh de [4.] Ibid. b. Cressi. Walter Fitz-Robert. Robert mantle. Norfolk. Suffolk. Cambridgeshire. Huntingtonshire. Bedfordshire. Buckinghamshire. Essex. Hertfordshire. II. Hugh de Gundevill. William Fitz-Ralph. William Basset. Lincolnshire. Nottinghamshire. Derbyshire. Staffordshire. Warwickshire. Northamptonshire. Leicestershire. III. Robert Fitz-Bernard. Richard Giffard. Rogert Fitz-R●infray. Kent. Surry. Hampshire. Sussex. Berkshire. Oxfordshire. iv William Fitz-Stephen. Bertram de Verdun. Turstan Fitz-Simon. Herefordshire. Gloucestershire. Worcestershire. Shropshire. V Ralph Fitz-Stephen. William Ruffus. Gilbert Pipard. Wiltshire. Dorsetshire. Sumersetshire. Devonshire, and Cornwall. VI Robert de Vaus. Ranulp de Glanvill. Robert Pikenot. Yorkshire. Richmundshire. Lancastershire. Coupland. Westm●rland. Northumberland. Cumberland. And then [5.] Ibidem, n. 40. The King Swears his Justices to observe his Statutes. the King caused all these Justices to Swear, they would truly and justly, without any Artifice, keep the underwritten Statutes, and cause them to be kept inviolably by his Subjects. The Assizes or Statutes of King Henry made at Clarendon, and Renewed at Northampton. I. The Trial by Water Ordeal Established. ●IF any one was Accused before the King's Justices, of Murder, Theft, or Robery, or for receiving such Malefactors, or of Forgery, or Malicious Burning of Houses, by the Oaths of twelve Knights of the Hundred, and if there were not Knights present, then by the Oaths of twelve Lawful Freemen, and by the Oaths of four Men of every Town of the Hundred, let him go to the Judgement or Trial of Water, or Water Ordeal; and if he appears Guilty, let one Foot be cut off; And at Northampton it was added, for the Rigour of Justice, That he should besides his Foot, have his Right Hand cut off, and to abjure the Kingdom, and leave it within forty days. If he be Innocent, let him find Pledges and Sureties, and stay in the Kingdom, unless he be accused of Murder, or any heinous Felony, by common Fame, or Report of Legal Knights of the Country; then though acquitted by the Trial of Water, he was to go out of the Kingdom within forty days, and carry his Goods with him, (saving the Right of his Lords) and to be at the King's pleasure for abjuring the Kingdom. This Statute shall take place from the time the Assize or Statutes were made at * Anno Dom. 1164. 10 Hen. 2. Clarendon, until this time, and as much longer as the King pleaseth in Murder, Treason, and Malicious Burning, and in all things aforesaid, except in small Thefts and Roberies, which were committed in the time of War, as of Horses, Oxen, and lesser ●things. II. No Strangers to be lodged above one Night in a House, and to departed in the day time. ●It shall not be Lawful for any Man in Burgh or Town to Lodge a Stranger above one Night in his House, without bringing him to Examination, unless he hath a reasonable Excuse, which the Host is to make known to his Neighbours; and when he goes from his House, he is to do it before his Neighbours, and in the ●day time. III. No one can deny any Felony he hath confessed before the Justices, or what he hath confessed before he be apprehended. ● Si quis saisitus de Murdro, vel de Latrocinio, vel Roberia, vel falsoneria, & inde sit cognoscens, vel de aliquâ aliâ Feloniâ, etc. If any one be apprehended for Murder, or Theft, or Robery, or Forgery, or any other Felony he hath committed, and confesseth it before the Hundredary, or Chief Magistrate of the Hundred or Burgh, and before Lawful Men, he cannot deny that afterward before the Justices. Et si idem sine saisinâ coram eis aliquid ejusmodi recognoverit, etc. And if any one without being apprehended shall confess or acknowledge any such Crimes before such Persons, he ●cannot deny it before the Justices. iv ● Si quit obierit Francus Tenens, etc. If any Franc-Tenent dies, Heirs to inherit what the Father died seized of, and to satisfy Legacies. If un●r Age, the Lord o● the Fee to receive his Homage and Wardship. The Relict to have her Dower. his Heirs shall remain in Tali saisina qualem pater suus habuit, etc. in such Possession as their Father had of his Fee in his Life time, and they shall have his Catals or Goods, and satisfy the Devise, or Legacies of the Defunct; and afterwards they shall repair to the Lord, and satisfy him for his Relief, and do all other things they ought concerning their Fee; and if the Heir be under Age, the Lord may receive his Homage, and have the Wardship of him so long as he ought; other Lords (if he have any) may receive Homage of him, and he may do to them what he ought; The Relict of the Defunct may have her Dower, and such part of the Goods as belong to her. If the Lord of the Fee denies the Seisin or Possession to the Heirs of the Defunct which they claim, the King's Justices may make Recognition by twelve Legal Men, what manner of Seisin the Defunct had in his Life time, and according to the Verdict restore it to the Heirs; And if any one doth contrary to this Statute, and be thereof attainted, (& inde attaintus fuerit) ●he shall remain in the King's pleasure. V ●The Kings Justices shall cause a Recognition to be made of Dissaisins, from the precise time the King came into England, after he ●made Peace with the King his Son. VI ●The Justices shall Administer the Oath of Fealty to the King by the Close of eight days after Easter, The Oath of Fealty to be Administered to all Persons within eight days after Easter or Whitsunday; All that refuse to be looked on as the King's Enemies. or at furthest eight days after Whitsunday, to all Earls, Barons, Knights, Free-Tenents, and also to Rustics or Husbandmen, who will stay in the Kingdom, and he that will not take the Oath of Fealty, shall be taken as the King's Enemy; and the Justices have power to command all such as have not done Homage and Allegiance to the King, to come at a time ●appointed by them, and do to them as to their Liege Lord. VII. ●The Justices shall do all manner of Law and Right belonging to the King, or his Crown, by his Writ, The Justices empowered to do all manner of Right in the King's absence. If the Controversy be weighty to be referred to the King or his Viceroy. or the Writ of his Vice-Roys in his absence, concerning half a Knight's Fee or under, unless the Controversy be so weighty, as it cannot be ended without the King, or of such a nature, that the Justices ought to Report it to him for his satisfaction, or to his Lieutenants or Vice-Roys, and they shall according to the best of their skill and power do what ●is for the Advantage of the King. VIII. ● Faciant etiam * Assisa sometimes signifies Mulcta. The Justices to inflict Punishment upon Malefactors by the King's appointment. Assisam de Latronibus iniquis & Malefactoribus terrae, quae assisa est per Consilium Regis, filii sui, & Hominum suorum, per quos ituri sunt Comitatus. The Justices also shall inflict such Punishment upon Thiefs and wicked Malefactors in those Counties they pass through, which was set and appointed by Direction ●of the King, his Son, and their Men. IX. The Justices to take care that Castles be demolished and destroyed. ●The Justices shall take care, that the Castles that are demolished, be throughly demolished, and that such as are to be destroyed be leveled with the Ground; and unless they do this, the King will ●have them judged in his Court as Contemners of his Precept. X. ‛ The Justices shall inquire of Escheats, of Churches, Lands, ' and Women that are in the King's Donation. XI. The King's Bailiff to answer Perquisites as well as set Rents. ●The Kings Bailiffs shall answer at the Exchequer, as well for the Perquisites, as the set Rents in their Bailiwicks, except such as ●belong to the Sheriff and his Office. XII. ●The Justices shall inquire of Castle-Guards, and from whom, and how much, and where they are due, and shall inform the King ●thereof. XIII. ●A Thief when he is taken is to be committed to the Sheriff, if the Sheriff be not near, he is to be carried to the next Castellan, or Constable of a Castle, and he is to keep him until he delivers him ●to the Sheriff. XIV. Those that flee out of the Land to be Outlawed, if they return not within an appointed time. ●The Justices shall cause Enquiry to be made, by the Custom of the Land, for such as are fled or gone out of the Kingdom, and unless they will return within an appointed time, and stand to Right in the King's Court, they shall be Outlawed, and their Names returned into the Exchequer at Easter and Michaelmass, and from ●thence sent to the King. In the Feast [6.] Hoved. f. 314. b. n. 40. of Easter this year, young King Henry, and his Son Richard Earl of Poictou, and Geofry Earl of Britain, were with their Father at Winchester, and after that Solemnity, the three Sons with their Fathers leave passed into Normandy, Young Henry with his Brothers go into Normandy. Richard with his Brother Henry overcomes the Brabanters, and reduces them. Richard forthwith went into Poictou, raised an Army, and fought with the Brabanters, and overcame them, and by the assistance of his Brother King Henry, he took many Towns and Castles, and forced the Submission of many Viscounts, or Sheriffs, of Towns with small Territories, and Castles, in Poictou, and the Places adjoining unto him. And in the same year not long after, [7.] Ib. f. 316. b. n. 10, 20. The King demolishes several Castles in England and Normandy. the King caused the Walls and Castle of Leicester to be demolished, as also the Castles of Groby, Treske, Malesart, and the new Castle at Alverton, the Castles of Framingham, and Bungey, and almost all the Castles of England and Normandy that were fortified against him; The Castle of Pasci or Pacey in Normandy he retained in his own hands, and placed a Garrison in it; as likewise the Castle of Montsorrel, which was Sworn to be his own Propriety, by Recognition of Lawful Men of the Vicenage. About the beginning of October [8.] Ibidem, f. 317. a. n. 50. The King of Scot and brings Fergus Prince of Galway to the King of England. this year, William King of Scotland came into England to the King, and brought with him Gilbert Son of Fergus Prince of Galway, who killed his Brother uctred, who did Homage to King Henry the Father, and swore Fealty to him against all Men, and gave to the King to be restored to favour, or for his Peace, One thousand Marks of Silver, and his Son Duncan an Hostage or Pledge for his Peaceable and Loyal Behaviour. In a General Council at [9.] Ib. f. 320. a. n. 30. The King restores several Noblemen to their Lands and Dignities. Northampton, soon after St. Hillary, or the Thirteenth of January, the King restored Robert Earl of Leicester to all his Lands in England and beyond Sea, which he had fifteen days before the War, except Pacey, and Montsorrel Castles; And also to Hugh Earl of Chester all the Lands he was possessed of at the same time; and to William de Albeny, Son of William Earl of Arundel, the Earldom of Sussex. Alfonsus' [1.] Ibid. b. n. 30, 40, 50. An. Do. 1177. The Kings of Castille and Navarre refer their differences to be determined by the King of England. King of Castille, and Sanctius King of Navarre, after many Debates, and much Wrangling, referred all their Claims and Controversies to be determined by the King of England, and there were sent several Bishops, and Great Men, and choice and able Persons, Proctors, and Advocates, to Allege and Answer for either of them, and to receive the Judgement of the Court of England. With these came two Knights and Champions of wonderful Courage and Audacity, bravely accoutred with Horse and Arms, and fitted for Duel, if Judgement had been that way given in the Kings Court. These Messengers came into England between Christmas and Lent, and the King summoned all the Bishops, Abbats, Priors, Earls, and Barons to meet at London on the first Sunday in Lent; when they were come together, the King ordered the Proctors and Advocates on both sides to bring in their Claims and Allegations within three days in Writing, and so interpreted as he and his Barons might understand them; which when they had heard read, and also heard the Allegations on both sides, the King ordered [2.] Ben. Ab. p. 89. a. the Messengers before his Bishops, Earls, and Barons, to be there again, all Excuses laid aside, upon Sunday following, to receive his Judgement. So that this great Affair was determined in eight days. The Demands, Allegations, and Pretences on both sides, and the whole Process, with King Henry's Award are to be found in Hoveden, fol. 320. b. n. 40, etc. See also the Judgement itself by the Bishops, Earls, and Barons, which is very short, though the King's Exemplification of it under his is very much longer, Bromt. Col. 1124. n. 20. The King [3.] Ibidem, p. 86. b. The King Summons his Noblemen and Knights in Capite to follow him into Normandy. Commanded this year all the Earls, Barons, and Knights of the Kingdom which held of him in Capite, to be at London, well prepared with Horse and Arms, fifteen days after Easter, to follow him from thence into Normandy, and stay with him a whole year beyond Sea, in his Service at their own Charges. At Easter the [4.] Ibidem, p. 96. b. Anno Dom. 1177. The King with his Earls and Barons go in Pilgrimage to St. Edmunds-Bury, to Ely, and Gaidington. King with his Earls and Barons kept his Court at Why in Kent, and after the Solemnity went to London, and from thence in Pilgrimage (in perigrinatione) to St. Edmund the King and Martyr, (to the Monastery at St. Edmunds-Bury) where he was the Sunday after Easter; The next day he went to Ely, in Pilgrimage to St. Audery, and from thence he went to * Perhaps Gayton in Cheshire, or Gaiton in Northamptonshire, as Gervase of Canterbury says, Col. 1522 l. 3. Gaidington, or Gaitintune, where many Welsh flocked about him, and swore Fealty to him. [5.] Ibidem. Hither by his Command came to him Roger Archbishop of York, Reginald Bishop of Bath, John Bishop of Norwich, and Adam Bishop of St. Asaph, and many Earls and Barons of the Kingdom, to Treat of the Peace and Settlement thereof; [6.] Ibidem, p. 97. a. The Lords and Knights of the Kingdom come to Windsor, to go where the King should Command. The King removes several Constables of Castles, and places others in their room. and when they had Treated some time there, the King removed to Windsor, and the Archbishop, and other Bishops with him, where came to him almost all the Earls, Barons, and Knights of England, provided with Horse and Arms to go whether the King should Command. And when they had Treated further there about the Peace and Establishment of the Kingdom, by Advice of his Bishops, Earls, and Barons, he removed the Constables of several Castles in the North of England, and made Knights which were of his own private Family, Constables. William Stutevill he made Keeper of the Castle of Rokesburgh, and Roger Stutevill of the Castle of Edinburgh, and William Nevil of the Castle of Norham, and Roger Archbishop of York of the Castle of Scarburgh, and Geofry Nevil of the Castle of Berwick, and Roger Comers of the Tower of Durham, which the King took from [7.] Ibidem, & Hoved f. 323. b. n. 20. Hugh Bishop of Durham because he served him falsely in the time of War; and for that reason, and that it might stand, and not be demolished, and for the King's Peace, and that his Son Henry de Puteaco, or Pudsey, might enjoy the Manner of Wicton with its Appurtenances, the Bishop gave the King 2000 Marks. From Windsor [8.] Ben. Abb. p. 97. b. The King Commands the Welsh Kings to meet him at Oxford. Who with many other Noblemen did Homage to him. the King went to Oxford, where he had Commanded the Welsh Kings, and the most Potent Men of Wales to meet him, viz. Rese the Son of Griffin King of South-Wales, David Son of Owen King of North-Wales, Cadwalan King of Delwain, Owen de Kevilian, Griffin de Bromfield, Madoc Son of Gervet Chone, and many others of the most Noble of Wales, who all did Homage, and swore Fealty to him against all Men, and that they would keep Peace with him and his Kingdom. To King David who had Married King Henry's Sister, he gave the Land of Ellesmar, and to King Rese the Land of Merionith. These things [9.] F. 323. b. n. 20, 30. Hoveden says were done in a General Council at Oxford, and that there King Henry made his Son John King of Ireland, etc. More of which afterwards. On the Sunday before [1.] Ben. Abb. p. 98. b. 99 a. The Tenants in Capite attend the King with Horse and Arms. Ascension-day the King was at Winchester, where by his Precept all the Earls, Barons, and almost all the Knights or Soldiers that held of him in Capite, came to him, prepared with Horse and Arms, to know his Commands; for at that time he had caused most of the Ships of England and Normandy to be ready at Portsmouth and Southampton to Transport them with the King. On Ascension-day the King gave them leave to go Home, and return to Winchester again in the Octaves of St. John Baptist, (which is the first of July) and then to execute his Commands. The King [2.] Ibidem, p. 103. a. He defers his passing into Normandy with his Tenants in Capite, until he sent to the King of France about the Contracts of Marriage made between their Children was at Winchester at the time appointed, and his Tenants in Capite ready to pass into Normandy with him, but deferred his Voyage, until the Envoys he had sent to the King of France, [3.] Ibidem, p. 99 b. to know whether he would stand to his Bargain and Contract, concerning his two Daughters Margaret and Alice, and his two Sons Henry and Richard, and whether he would give them the Lands he promised them in Marriage, were returned. They came [4.] Ibidem, p. 104. a. The King of France refuseth to stand to his part of the Bargain, but would force the King of England to make good his, and procures the Pope's Legate to threaten an Interdict. The King of England by ●is Bishops Appeals from the Legate to the Pope. not themselves, but by special Messengers, let the King know the effect of their Negotiation with the King of France; which was, That the King of France would part with no Land, and yet expected his Son Richard Earl of Poictou should Marry his Daughter Alice, and if he did not, the Pope's Legate threatened, and was ready to put all his Dominions, as well on one side of the Sea as the other, under an Interdict. The King Advised with his Bishops, viz. Richard Archbishop of Canterbury, Geofry of Ely, Bartholomew of Exeter, and John Bishop of Chichester, and other Wise Men of his Kingdom, that were then with him, what he should do in this matter. They Counselled the King, by the Bishops that were there, to Appeal to Pope Alexander against his Legate, which they did, and put the King, themselves, and the whole Kingdom under his Protection; and the King sent to the Archbishop of York, that he, and his Province should make the same Appeal, as the Archbishop of Canterbury had done in his Province. This was about the Twelfth of July. Notwithstanding this [5.] Hoved. f. 325. b. n. 30. Appeal, the King about the middle of [6.] Ben. Abb. p. 107. b. He passeth with his Army over Sea. August passed into Normandy from Portsmouth, and almost all the Earls, Barons, and Knights of England followed him. On the Twenty first of [7.] Hoved. ut supra. The Covenants of Marriage between the Children of the two Kings. Upon Conference they agree. September the two Kings came to a Conference at Yur●, in presence of the Legate, and the great Men of both Kingdoms, where the King of England gave his Faith, that Richard his Son Earl of Poictou should take Alice, Daughter of the King of France, to Wife, if her Father would give him with her in Marriage the City of Bourges, with its Appurtenances, as it was Covenanted between them; and to Henry his Son all the French Veuxin, that is, all the Land between guysor's and Pontoise, which he promised to give him in Marriage with his Daughter. And because the King of France would not perform these things, he would not permit his Son Richard to Marry his Daughter Alice; Yet in this Conference, by Advice of the Cardinal and Legate, and the Princes of both Kingdoms, there was Amity and final Concord made between them. Benedict the Abbot [8.] P. 108. a. says, That King Henry granted that his Son Richard should * He was Affianced to her, but never Married. Marry the Daughter of the King of France, and so they made Peace, which was confirmed by their Faith, Oaths, and Seals. Which was to this [9.] Ibidem. purpose. I. They Agreed [1.] Append. n. ●6. Articles of Agreement between the two Kings. to take upon them the Cross, and to together to Jerusalem against the Infidels. II. That if either were injured or affronted, they should assist each other. III. That all manner of Discord might be cut off between them, they granted each to other, that from thence forward, neither of them should demand of the other any Lands, or other things they were in possession of, except what was in Contention between them in Avergn, and except the Fee of Castle-Ralph, and the small Fees, and Divises, or Limits of Lands in Berry: about which, if they could not Agree between themselves, there were three Barons, and three Bishops named on either part, who were to determine of their Right according to the Oaths of such Lay-Men as understood and knew it, and they to stand to their Determination. iv That if either of them should die in their Journey, the other should have the Management of the Men, and Money, and whole Affair. V That if they should both die in the Journey, they were before they set forth to choose such of their honest and faithful Men or Vassals (de probis & fidelibus hominibus nostris) to whom they should commit their Money, the Leading, and Government of their Soldiers, and the Ordering of the whole Service or Expedition. VI They were to appoint such Governors of their Dominions in their absence, as in all Difficulties should assist one another. VII. That Tradesmen, Merchants, and all Men, as well Clerks as Laymen, with all their Goods, should be secure and free from molestation in both their Dominions. This Treaty [2.] Hoved. f. 326. a. n. 50, etc. Ben. Ab. p 109. b. The Statute of Verneul so called. being ended, the King of England went to Verneul, and there upon the Petition of the Good Men of Grammont, he Ordained in the presence of Richard Bishops of Winchester, Henry Bishop of Bayeux, Giles Bishop of Eureux, Froger Bishop of Sees, and in presence of Simon Earl of Eureux, and Robert Earl of Leicester, and before many other Earls and Barons of his Kingdom, That no Man presume to take the Goods of a Vassal for the Debt of his Lords, (nequis pro Domini debito res hominis capere praesumat) unless the Vassal was Pledge or Surety for the Debt of his Lord; but the Rents of Vassals, which they are to pay to their Lords, shall be paid to their Lords Creditors, not to the Lords. The other proper Goods of Vassals shall be in peace, neither shall it be lawful for any one to Distrein, (namtire non liceat) or take them for the Debts of their Lords. This Statute, and this Custom, (Hoc Statutum, & Consuetudinem hanc, etc.) the King Ordained should be firm and general in all his Towns, and every where in his Dominions, viz. in Normandy, Aquitan, Anjou, Main, Turain, and Britain; and that it might be stable, permanent, and firmly observed and kept, it was Written and Confirmed with his Seal. After this, the King [3.] Ibidem, 110. a. The King of England summons his Earls and Barons of Normandy to appear with Horse and Arms. by his Writ summoned the Earls and Barons of Normandy, to meet him at Argenton, on the Ninth of October, prepared with Horse and Arms for his Service, and went to Alencon, and sent his Son Richard into Poictou to subdue his Enemies. King Henry desirous to return into England, sent to Lewis King of France, and obtained his Letters of Protection, in this Form. [4.] Hoved. f. 327. a. n. 30. An. Do. 1178. The King of France gives the King of England Letters of Protection. LEWIS King of France, to all whom these Presents shall come, Greeting; Know ye that We have received into Our Custody all the Lands of Our Most Dear Brother Henry King of England on this side the Sea, if he shall happen to pass into England, or go on Pilgrimage, so that when his * Baillivi sui. Bailiffs or Officers shall Require Us, We shall truly, without Design, give them our Counsel, and help, for the Defence and Protection of the same. After his coming out of [5.] Ibidem. f. 331. a. n. 40. Geofry Earl of Anjou Knighted by his Father. His Military Exercise and Ambition. Normandy into England, at Woodstock he Knighted his Son Geofry Earl of Britain, who soon after passed into Normandy, and in the Confines of France and that Country, was at a Torneament, or the Exercise of Feats of Arms, where he was ambitious to have the Reputation of a Courageous Kngiht, and the rather, because his Brothers Henry and Richard had acquired great Honour and Renown in such Military Exercises. Peter of St. Agatha, [6.] Ibidem, b. n. 10. The King puts an Oath upon the Pope's Legat. An. Do. 1179. the Pope's Legate, came this year through England, to summon the Bishops and Abbats of Scotland and Ireland to a General Council at Rome, but before he had leave to pass through the Kingdom, he made Oath, not to do, or seek to do any Injury to the King or Kingdom, and that he would return the same way. [7.] Ibidem. f. 332. a. n. 50. And upon the Scottish and Irish Bishops and Abbats. An. Do. 1179. The same Oath the Scottish and Irish Bishops and Abbats took, before they had passage given them to go this way with the Legat. After Easter the King [8.] Ibidem, f. 337. a. n. 20. England divided into four Circuits. held a great Council at Windsor, and by the common Advice of his Arch-Bishops, Bishops, Earls, and Barons, he divided England in four parts, and to every part he appointed Wise Men to do Justice in the Land. After this manner. I. Richard Bishop of Winton. Richard the King's Treasurer. Nicholas Fitz-Torold. Tho. Basset. Robert Witefeld. Hamshire Wiltshire. Gloucestershire. Dorsetshire. Sumersetshire. Devonshire. Cornwall. Berkshire. Oxfordshire. II. Geofry Bishop of Ely. Nich. the King's Chaplain. Gilbert Pipard. Reginald de Wisbech the Kings Clerk. Geofry Hosee. Cambridgeshire. Huntingtonshire. Northamptonshire. Leicestershire. Warwickshire. Worcestershire. Herefordshire. Staffordshire. Shropshire. III. John Bishop of Norwich. Hugh Murdac the Kings Clerk. Michael Belet. Richard Del Pec. Radulph Brito. Norfolk. Suffolk. Essex. Hertfordshire. Middlesex. Kent. Surrey. Sussex. Buckinghamshire. Bedfordshire. iv Godfrey de Lucy. Johannes Cumin. Hugh de Gaerst. Ranulph de Glanvill. William de Bend. Alanus de Furnellis. Nottinghamshire. Derbyshire. Yorkshire. Northumberland. Westmoreland. Cumberland. Lancaster. The last six were appointed [9.] Ibidem, b. n. 20. Justices in the King's Court, to hear the * Clamores populi, Clamour a common word then for a Suit or Petition. Clamours, or Business, and Suits of the People, and had the last seven Counties assigned them. This year Lewis King of [1.] Jo. Brom. Col. 1139. n. 40, 50.60, etc. An. Do. 1179. The King of France calls together all his Bishops, Earls, and Barons, to Crown his Son Philip at Rheims. His Son falls sick. He had a Vision, by which he was admonished, for his Son's Recovery, to visit the Martyr of Canterbury (so called.) France cited all the Arch-Bishops, Bishops, Earls, and Barons of his Kingdom, that they should without Excuse, be in the City of Rheims, on the Assumption of the Virgin Mary, (that is the Fifteenth of August) to Crown his Son Philip, than Fifteen years old. They hastened to come as they ought to do; but just before the time, his Son fell into a great Sickness, so as many despaired of his Life, his Father grieved night and day, and was mightily afflicted for his Son; Being thus without Comfort, one Night when he had happily fallen into a sound Sleep, St. Thomas the Martyr of Canterbury appeared to him, and told him the Lord Jesus Christ had sent him his Servant to him, to let him know, That if he believed, and with Contrition went to visit his Servant Thomas the Martyr of Canterbury, his Son should recover his Health. He discovered this Vision to his Friends, and asked their Advice, who told him it was dangerous to pass by Sea into another Man's Country, Roger Hoveden is more modest in this Story, and only says he was admonished by Divine Revelation. He comes to Canterbury, Offers, and Prays at his Tomb. Gives the Monks 100 Measures of Wine every year. And grants them a Charter of many Privileges in France. etc. The next Night the Martyr appeared the second and third time, and told the same Story, and added Threats, if he went not quickly, and obeyed the Command of God. He came, and the King of England met him at Dover on the Twenty second day of August, and Conducted him to the Tomb of the Martyr; where the King of France Prayed, and offered a great and precious Golden Cup, and gave to the Monks of Holy Trinity for ever yearly, One hundred Measures of Wine, (Centum Modios Vini) to be delivered them at a certain place in France, without Charge; And for the Love of God, and Holy Thomas the Martyr, he granted, that whatsoever the Monks should buy for their own use in his Kingdom, should be free from all Toll, Custom, and Exaction; and of these things he made them a Chart, which they received from his Chancellor [2.] Ibid. Col. 1140. n. 30. Hugh de Puteaco, (or Pudsey) Son to Hugh Bishop of Durham. The third [3.] Hoved. f. 338. a. n. 10, 20. An. Do. 1179. His Son Philip recovers. day after this Visit, King Henry Conducted him back to Dover, and from thence the next day, which was the Twenty sixth of August, he passed into France; In the mean time his Son Philip, by the Merits and Prayers of Blessed Thomas the Martyr, recovered his former Health. Out of exceeding Joy, the King of France by public Edict, Commanded all the Princes, or great Men of his Kingdom, Ecclesiastic and Secular, to meet again at Rheims on the Feast of All-Saints, to Crown his Son, The Princes and great Men of France summoned by Edict to meet and Crown him at Rheims on All-Saints-day. and the Solemnity was then performed; Henry the young King of England, in right of the Dukedom of Normandy, carrying before him, from his Chamber to the Church, a Golden Crown, with which he was Crowned, and Philip Earl of Flanders the Sword of the Kingdom: and the other Dukes, Earls, and Barons took their places according to their several Offices; but King Lewis could not be there, for upon his return from England, he made a Visit to St. Denis, or Dionys, and got Cold, and fell into a Palsy, by which he lost the use of the Right Side of his Body. This young King of [4.] Ibidem, b. lin. 3. & n. 10. The young King of France abuseth his Mother, Uncles, and Father's Friends. They apply themselves to the King of England. An. Do. 1180. France taking advantage of his Father's Sickness, was in all things Directed by Philip Earl of Flanders, by whose Advice he began to Tyrannize over the People, and to despise and hate all that loved his Father, or were his Friends, and so pursued his Mother, that he forced her out of his Dominions, and used William Archbishop of Rheims, Earl Theobald, and Earl Stephen his Uncles, very severely. At whose Request Henry the young King went into England to his Father, and informed him how Philip King of France used his Mother and Uncles by the instigation of the Earl of Flanders. Upon this Information they both pass into Normandy before Easter, where the Queen of France, her Brothers, Earl Theobald, and Stephen, and many others of the French Nobility came to them, and gave to the King of England the Father, their Oaths and Pledges, that they would not recede from his Advice. Upon which he raised a great Army, intending to enter France, He raiseth an Army, and enters France. to Revenge the Injuries the new King had done to his Mother and Uncles. But before [5.] Ibidem, n. 30. Before Hostility, Peace made by Conference. any Hostility, King Philip and old King Henry came to a Conference between guysor's and Try, in which, one while with fair words, another with sharp, he so effectually prevailed upon him, that contrary to the Counsel of the Earl of Flanders, and Robert Clement, he laid aside all the Contrivances against his Mother and Uncles, and received them into favour, appointing his Mother to receive Seven Pounds of Paris Money every day for her Diet, and agreeing to allow her full Dower, except the Castles and Munitions after his Father's Death. In this Conference King [6.] Ibidem, n. 40. The Earl of Flanders doth Homage to the King of England. For 1000 l. per annum he is to find him 500 Horse forty days. Henry the elder, out of great Caution, received the Homage of the Earl of Flanders, before the King of France, and for that Homage granted he should receive yearly One thousand Marks at his Exchequer in London: and in Recompense thereof, he was to find the King of England every year in his Service, when he was summoned, 500 Knights or Horsemen for forty days. In the same [7.] Ibidem, n. 40, 50. A Conference and Peace between the Kings of France and England. . year Lewis King of France died at Paris on the Eighteenth of September, and soon after Philip and the King of England came to another Conference at the same place, and made the same Peace and Agreement that had been made before between his Father and him, (except that Covenant of taking the Cross, and going to the Holy Land) and Confirmed it with their Oaths. This year [8.] Ibid. f. 341. a. n. 20. New Money made in England. King Henry the elder caused new Money to be made in England, and severely Fined, and otherwise punished the Moneyers, or Coiners, for abasing the Alloy, and corrupting the old Money. In all his Dominions [9.] Ibidem, f. 348. b. n. 10, 20. An. Do. 1181. beyond the Seas, the King after Christmas appointed what Arms every one should have ready for the defence of their Country; he that was worth in Goods One hundred Pounds of Anjou Money, was to have a Horse, and full Military Arms; Every Man that was worth Forty, thirty, or five and twenty Pounds of Anjou Money in Goods, An Assize of Arms appointed by the King in all his Dominions beyond Sea. was to have an Iron Cap, a Gorget, a Lance, and Sword; and all others to have a Wambais, that is, a Coat twilted with Wool, or Tow, or such Matter, an Iron Cap, a Lance, and a Sword, or Bows and Arrows; and he prohibited all Men to sell their Arms, or pawn them, and ordained they should go to the next Heir when they died. And when the King of France and Earl of Flanders heard of it, they caused their Men to be thus Armed. While the King [1.] Ibid. f. 350. a. n. 20. of England was at Barslen in Normandy, expecting his Passage into England, there happened a great difference between the King of France and Earl of Flanders, about the Earl of Clermont; The King of England the elder makes Peace between the King of France, and Earl of Flanders. he was sent for to guysor's by the King of France, and there in a Conference reconciled them, and from thence went to Cherbourgh, and set sail for England, and arrived at Portsmouth the Twenty fifth of August, and brought with him William King of Scots, whom he had sent for into Normandy, [2.] Ibidem, ●in. 4. to make a Peace and Reconciliation between him and the Bishops of St. Andrews and Aberdene, who were forced out of Scotland by his harsh usage. [3.] Ibidem, n. 30. King Henry makes an Assize of Arms in England; so 'tis here said, but doubtless it was done by a great Council, and not only by himself. Deinde Henricus Rex Angliae fecit hanc assisam de armis habendis in Anglia. Soon after his return, he made this Assize of Arms. 1. Whosoever hath a Knight's Fee, shall have a Coat of Mail, an Helmet, a Shield, and a Lance: and every Knight shall have so many Coats of Mail, Helmets, Shields, and Lances, as he hath Knights Fees. 2. Every Free Layman, that hath in Goods or Rent to the value of * The value of the Goods I suppose mistaken, it should rather have been Sixty Marks. Sixteen Marks, shall have a Coat of Mail, an Helmet, a Shield, and a Lance. 3. Every Free Layman, that hath in Goods Ten Marks, shall have an Iron Gorget, an Iron Cap, and a Lance. 4. All Burgesses, that is, Inhabitants or Freemen of burgh's, and the whole Community of Freemen shall have a Wambais, (that is a Coat twilted with Wool, Tow, or such other Materials) a Cap of Iron, and a Lance. And [4.] Ibidem, & n. 40, 50. Every one to have Arms, and to keep them for the King's use. every one shall swear, That before the Feast of St. Hillary he will have these Arms, and will be faithful to King Henry the Son of Maud the Empress, and that he will keep these Arms for his Service, according to his Command, for the Defence of the King and Kingdom; and no Man when he hath these Arms, shall Sell, Pawn, Lend, or any way put them out of his Custody: neither shall his Lord any way take them from his Man or Vassal, neither by Forfeiture, Gift, Pawn, or Security for any thing, nor any other way. When the Possessor of these Arms dieth, they shall remain to his Heir: and if his Heir be not of such Age, as he can use Arms, his Guardian shall have the Custody of his Arms, as well as of his Body, and shall find a Man to use them in the Service of the King, while the Heir is of sufficient Age. None to keep more Arms by him than the Assize alloweth. If any Burgess hath more Arms than he ought to have by this Assize, he may sell, or give them to any Man that will use them in the King's Service; and no Man may have or keep by him more Arms, than he ought to have by this Assize. Also no Jew may have a Coat of Mail, or a Jerkin of Mail in his Custody, but may sell, or give, or so part with it, that it may be for the Service of the King. No How to ha●o a Coat of Mall in his Custody. Also no Man shall carry Arms out of England, unless by the King's Command, nor sell Arms to any Man that shall carry them out of England. Neither Merchant or other Person shall carry them out of England. And the Justices shall swear as many Knights, or other Freemen, and Legalmen in the Hundreds and burgh's in every County, as they think fit, whether they have Goods to such a value, as they ought to have a Coat of Mail, All that have Sixteen Marks in Goods or Rent, to have of their own a Coat of Mail, an Helmet, Shield, and Lance. an Helmet, a Shield, and a Lance; and that they shall distinctly name all those in their Hundreds, and Neighbourhoods or burgh's, that have Sixteen Marks in Goods or Rents; and the Justices shall cause the Jurors and all others to be written in a Roll, and the value of their Goods or Rents. And then they shall cause this Assize to be read before such as are to find Arms, and cause them to swear, they will provide Arms according to the value of their Goods and Rents, and the Direction of this Assize; and that they will keep them for the Defence of King Henry Son to Maud the Empress, and his Kingdom, according to his Command. And if it happen that any one that is to find Arms be not in the County when the Justices are there, they are to appoint him a time to appear before them in another County; And if they come not to them in any County through which they pass, An. Do. 1181. let him come to Westminster eight days after Michaelmass, and then take the Oath, as he loves himself and all that he hath, and let him be Commanded, that he have such Arms as he ought, before the Feast of St. Hillary aforesaid. All that make default to be punished in their Limbs and Members. None to be of the Jury, but such as are worth Sixteen or Ten Marks. No Ship to be sold, or Timber carried out of England. None to receive the Oath of Arms but Freemen. Also the Justices shall cause to be published in all Counties through which they go, that all may take notice, That the King will not punish such as make Default, in their Lands or Goods, but in their Limbs or Members. None shall be upon the Jury, but such as are worth Sixteen or Ten Marks. Also the Justices shall Command, in all Counties through which they pass, That no Man, as he loves himself, and all that he hath, do buy or sell any Ship to be sent out of England, nor that he carry, or cause to be carried any Timber out of England. And the King Commands, that none be received to the Oath of Arms, but a Freeman. After [5.] Ibidem, f. 35●. a. n. 40, 50. Young Henry's undutifulness causes the King to go into Normandy. An Do. 1182. Young Henry submits to his Father's Will and Pleasure. Christmas the undutifulness of the young King caused his Father to go into Normandy, for he and his Wife had gotten to his Brother Philip King of France, by whose instigation he wrought all the mischief imaginable against him, notwithstanding the Oaths he had taken to be obedient, just, and faithful to him. He again demanded Normandy of his Father, or some other of his Dominions; but once more he returned to him, and swore to submit to his Will and Pleasure, and that he would not recede from it, nor desire more for his own Expenses, than One hundred Pounds a day of Anjou Money, nor more for his Wife than Ten Pounds a day. And further, the King granted to pay One hundred of his Knights for that year. Next [6.] Ib. f. 352. b. n. 30, 40. year at Christmas, the old King and all his three Sons were at Caen in Normandy, and with them his Son in Law Henry Duke of Saxony, and his Wife and Children, the Arch-Bishops of Canterbury and Dublin were there also, and many Bishops, Earls, and Barons. The young King receives Homage of his Brother Geoffrey, but Richard refuses. After the Solemnity, the old King Commanded the King his Son to take Homage of Richard Earl of Poictou, and Geofry Earl of Britain his Brothers; He received the Homage of Geofry, but Richard refused to do Homage to him; yet afterwards when Richard offered it, he would not receive it. Whence Richard grew very angry, retired from Court, and went into Poictou, where he built new Castles, and fortified the old; His Brother King Henry followed him, and with the Earls and Barons of that Country that adhered to him, very much pressed Richard. And when he saw Geofry come with an Army to his Assiance, not being able to resist both his Brothers, he sent to his Father for help, who raised a great Army, An. Do. 1183. and marched with speed, and besieged the Castle of Lymoges, which but a little before had been delivered to his Son King Henry. While the King was before [7.] Ibidem, f. 353. a. b. Young Henry and Geoffrey Confederate against their Father. Lymoges, his two Sons Geofry and Henry that understood one another very well, pretended to their Father, they would reconcile the Barons of Aquitan and Poictou to him and his Son Richard; and as they pretended, went to several Places to meet and Treat with them, and there Confederated with them against him; and he thinking himself now safe with his Sons, had no great number with him at Lymoges, whereby he was exposed to much danger, which his Sons knew, but gave him no notice of it. But Geofry taking the advantage, pillaged, and miserably wasted his Father's Countries. In the mean time Henry in a fit of Devotion, under pretence of an old Vow, takes upon him the Cross, and would go against the mind and persuasion of his Father into the Holy Land; his Father (as he thought) finding his Son resolute, bemoaned him with many Tears, and told him, since he would go, his Equipage and Company should equal, if not exceed the Preparation of any Princes in Christendom. But he executed his Design before his Journey; for under pretence of Devotion, visiting several Rich Monasteries, he pillaged them, and distributed what he got amongst his Soldiers; and when he saw he could not destroy, nor have his Will of his Father, his [8.] Ibidem, 354. a. lin. 1. Young Henry dies at Martel. Fury and Passion cast him into a great Sickness at a Town called Martel, of which he died on the Eleventh of [9.] Chr. Nor. f. 1004. D. June. After his [1.] Hou. ut sup. n. 40. Several Castles delivered to the King, which he either Garisoned or utterly demolished. death his Father assaulted the Castle of Lymoges from day to day, while that and the City was delivered to him, and with them all the Castles of his Enemies in that Country, some whereof he Garisoned with his own Men, others he demolished, not leaving one Stone upon another. And now the King of France upon his Death [2.] Ibidem, & n. 50. The King of France demands the Dower of young Henry's Widow. demanded the Dower of his Sister, young King Henry's Widow, and also the whole Land of Veuxin, with the Castles and Munitions his Father King Lewis gave in Marriage with her, upon which, coming to a Conference between guysor's and Try, they thus Agreed; That the Widow for her * Pro quieta clamantia. quiet Claiming, or Relinquishing all the before demanded Premises, should receive every year of the King of England at Paris, Seventeen hundred and fifty Pounds of Anjou Money, and from his Heirs so long as she lived. Now Geofry Earl of Britain [3.] Ibidem, b. lin. 1. John refuses to do Homage to his Brother Richard. returned to his Father, and made Peace with him, and with his Brother Richard Earl of Poictou. To whom King Henry Commanded he should receive the Homage of his Brother John for that Country which he held of the Earldom of Aquitan, but he would not. Pope Lucius the Third, not able [4.] Ibidem, b. n. 40. This Pope was expelled the City of Rome by the Senators, upon some difference that arose between them, Platin. f. 181. The King sends an Aid of Gold and Silver to Pope Lucius. to resist the Romans, sent his Legates to all Kings and Princes, as well Secular as ecclesiastics, for an Aid, for the Defence of St. Peter against them. His Messengers came to King Henry, requiring Aid of him and the Clergy of England; The King Consulting his Bishops and Clergy concerning this Request, they advised, he should give an Aid suitable to his Honour and Good Will for him and their selves, for it was more tolerable, and better pleased them, that he should receive Recompense from them, than that the Pope's Messengers or Legates should be permitted to come into England to take it of them, by which means there might arise a Custom to the detriment of the Kingdom. The King took their Advice, and made the Pope a great Aid in Gold and Silver; with which and the Money of other Princes, the Pope made a Peace with the Romans, necessary for himself and for the Church. This year [5.] Ibidem, f. 355. a. n. 10. King Henry does Homage to the King of France. at a Conference between King Henry and Philip King of France between guysor's and Try, on the Tenth of September, he did Homage to the King of France for all his Transmarin Dominions, which he never would do before that time. Next [6.] Ib. n. 20. An. Do. 1184. year on the Tenth of June the King came into England, and the Duchess of Saxony his Daughter with him: and not long after made [7.] Ibidem, b. n. 20. The King's Sons reconciled. Peace and Agreement between his Sons Richard, Geofry, and John, which was written and confirmed by their Oaths, before their Mother Queen Alienor, Henry Duke of Saxony their Brother in Law, and many others. This year the [8.] Ibidem, f. 3●6. a. lin 3. The King of South-Wales swears Fealty to King Henry. Welsh grew very troublesome; they wasted the King's Lands, and killed his Men. To subdue them, the King went with a great Army to Worcester: Rese the King of South-Wales, fearing his Power, upon safe Conduct granted by the King, came thither, and swore Fealty to him, and also swore he would deliver as Hostages or Pledges to the King, his Son, and Grandchilds; who, when he should have brought them to the King, would not come with him. The Winter [9.] Ib. f. 358. a. n. 20. following died Gilbert the Usurper of Galway in Scotland, who had Murdered his Brother uctred, whose Son Rolland, taking the advantage of his Uncle's death, and of his Son Dunecan, being in Custody of the King of England, as an Hostage or Pledge for his Father's Fidelity, invaded and obtained that Country. The Patriarch of Jerusalem, [1.] Ibidem, n. 30. The King solicited to send Relief to the Holy Land. and the two great Masters of the Hospital and Temple came into England, sent by Baldwin King of Jerusalem, the Templars and Hospitallers, to the King, who met them at Reding, where they presented him with the Royal Banner, the Keys of the Sepulchre, and of the Tower of David, and City of Jerusalem, with Pope Lucius' Letters: by which very meanly he endeavours to excite the King to undertake the Relief and Protection of the Holy Land. The King promiseth [2.] Ibidem, b. n. 30, 40. them an Answer on the first Sunday in Lent; at which day He, the Patriarch, the Bishops, Abbats, Earls, and Barons of England, William King of Scots, David his Brother, and the Earls and Barons of that Kingdom met at London, and then Deliberating and Advising about this Affair, they unanimously agreed, the King should Consult the King of France, and so the Council was dissolved. The King gives all his Subjects leave to take upon them the Cross. And the King gave leave to all his Subjects, as well Clerks as Laics, to take the Cross; and thereupon Baldwin Archbishop of Canterbury, * Ranulph, or as some, Radulph de Glanvill. Ranulph Justiciary of England, Walter Archbishop of Roven, Hugh Bishop of Durham, and many other Bishops in England and beyond Sea, and almost all the Earls, Barons, and Knights of England, Normandy, Aquitan, Britain, Anjou, Turain, and Main undertook the Crusado. On the Second of May [3.] Ibidem, f. 359. a. n. 30. An. Do. 1185. Richard submits to King Henry his Father. the King, Heraclius Patriarch of Jerusalem, the Bishop of Durham, and many of the Chief Men of England went into France; in Normandy the King raiseth a great Army, and sent to his Son Richard, who had Armed Poictou against his Father, and beaten Geofry his Brother Earl of Britain, That unless he delivered all that Country to his Mother Alienor, free, and in Peace, he would come and scourge him for his obstinacy and undutifulness. At whose Command he laid by all Hostility, rendered to his Mother Poictou, and remained with his Father, as a very kind Son. A while after [4.] Ibidem, n. 40. The Kings of England and France promise Relief for the Holy Land. The Patriarch goes away dissatisfied. the Kings of England and France had a Conference about the Relief of the Holy Land, and they both promised to give very good Assistance in Men and Money. But this pleased not the Patriarch, for he hoped he should have carried back with him for the defence of it, the King of England, or one of his Sons, or some other Man of great Conduct and Authority, but because he could not do this, he returned much dissatisfied and confounded. King Henry at [5.] Ib. f. 360. a. n. 20. The King of France promises to give Alice his Sister to Richard. Christmas kept his Court at Damfront in Normandy, and after that Solemnity, at a Conference with Philip King of France at guysor's, he swore he would deliver to his Son Richard Alice the King's Sister, that he might make her his Wife, and the King of France granted to Richard with his Sister, guysor's and all that his Father Lewis had granted with his Daughter Margaret to Henry the young King of England; and swore he would never move any Question against them concerning those Lands. After this Conference the King passed into England. Soon after [6.] Ibidem. Rowland the Scot makes his Peace with the King. his arrival he marched to Carlisle with a great Army, and intended to go further to correct Roland or Rowland the Son of uctred the Son of Fergus, for Disseising Dunecan the Son of Gilbert, the Son of Fergus; but Rowland came thither to the King, and made his Peace with him. The same year [7.] Ibidem, n. 30. An. Do. 1186. Geofry Earl of Britain in a Military Conflict at Paris, was kicked by, and trampled under the Horse's Feet, and slain, where he was buried in the Cathedral. After whose [8.] Ib. f 361. a. n. 40, 50. Geofry killed in a Military Conflict at Paris by his Horse. death Philip King of France would have had the Custody of his Daughter, and then only Heir; but the King of England would no way consent to it; and sent Walter Archbishop of Roven, William de Mandevill Earl of Albamarle, and Ranulf de Glanvill Justiciary of England, at whose Request the King of France granted a Truce until the Feast of St. Hillary next. In the mean time [9.] Ibidem, b. n. 10. He left his Wife with Child of his Son Arthur. Constance the Widow of Earl Geoffrey, whom he had left great with Child, brought forth a Son, who was named Arthur. Next Winter [1.] Ibidem, n. 40. the King carried over into France Cardinal Octavian, and Hugh de Nunant, that they might be present at a Treaty between him and that King; at which Conference he made such intolerable Demands, that they departed one from another without hopes of Peace. After Whitsunday [2.] Ibidem, n. 50. An. Do. 1187. Richard and John the King's ●ons besieged by the King of France. the King of France besieged the King of England's▪ two Sons John and Richard with a great Army in Castle-Radulf. Their Father comes to Relieve them, the King of France meets him with his Army, and draws it up in Battalions, the King of England likewise rangeth his, when by Advice [3.] Ib. f. 362. a lin. 1. A Truce made for two years. and Mediation of the Bishops of both Kingdoms they make a Truce for two years, so as the King of France should posssess Issoudun for that time. The Truce concluded, [4.] Ibidem, n. 10. Richard seizes his Father's Treasure, and fortifies his Castles. Earl Richard against the Will of his Father remained with the King of France, and such an Intimacy there was between them, that they often eat together, and lay in the same Bed. His Father grew jealous of him, and often sent for him out of France; he pretending to come to him, went directly to Chinon, where his Father's Treasure was, and carried away the greatest part of it, notwithstanding the resistance the Keeper of it made: and with it fortified his Castle in Poictou, and would not come at his Father. At last he submits, and does Homage. Yet at length he once more returned, and did Homage to his Father before many of the Clergy and Laity, and swore to him Fealty against all Men upon the Holy Gospels, and that he would never recede from his Advice. On Christmass-day [5.] Ibidem, f. 365. b. lin. 1. & n. 10. The King of France threatens to invade Normandy. King Henry was at Caen in Normandy, from thence he went to Barsleu, and from thence into England. So soon as the King of France heard he was gone, he gathered a great Army, and threatened to waste Normandy, if he did not restore guysor's with its Appurtenances, or Married not his Sister Alice to his Son Richard. Upon notice of this, the King presently passed into Normandy, and on the Twenty first of January there was a Conference between them, at the old place, between guysor's and Try, where also were Convened the Arch-Bishops, Bishops, Earls, and Barons of both their Dominions; There was also at this great Convention the Archbishop of Tire, who Preached so effectually to them, that all who were Enemies one to another were hearty reconciled, Both Kings reconciled, and receive the Cross. and received the Cross from his Hands. The Kings resolved to go in Person, and the King of France's Men were to wear Red Crosses, the Kings of England's White Crosses, and the Earls of Flanders Green Crosses, for Notes of Distinction. Upon this Resolution for an Expedition into the Holy Land, this [6.] Ibidem, n. 20. They agree upon Articles how to carry on and maintain the War. Council presently entered upon the manner and way of setting it forth, and maintaining it, and in a very short space agreed upon several Articles, which would have carried on, and maintained the War effectually. Hoveden recites them confusedly, and hath several superfluous Heads, which are not in Labbe, or Gervase the Monks of Canterbury. [7.] Labbe● Council. Tom. 10. Col. 1740. B. C. D. Talis est dispositio ad subveniendum Terrae Jerusalem, a Domino Philippo Rege Franciae, & Henrico Rege Angliae, Communi Consilio, Episcoporum, & Comitum, & Baronum, Terrarum suarum approbata. Scilicet. This is the Establishment for the Relief of the Land of Jerusalem, by Philip King of France, and Henry King of England, approved by the Common Council of the Bishops, Earls, and Barons of their Dominions. That is to say; I. Every one as well Clerk as Laic, that is not worth above One hundred Shillings, for every House he hath where there is a constant Fire kept, shall pay Two Pence for three years every year. II. If he have more than One hundred Shillings in Movables, of every Pound in all the King of France his Dominions, he shall pay Two Pence of Province Money; and in the Dominions of the King of England on that side the Sea, two Pence of Anjou Money, and in England one Shilling Sterling for the same term. III. He that hath One hundred Pounds in Lands or Rents or above, shall pay yearly twenty Shillings. iv He that hath less than One hundred Pounds in Rents, of every twenty Pounds, shall give four Shillings, and of every forty Pounds, eight Shillings. Those that have Movables beyond One hundred Shillings, shall swear, That of every twenty Shillings, they will faithfully give two Pence. V Very little to the purpose. VI The Tenth is due for the Defence of the Land of Jerusalem, from Midsumer, 1184. for ten years, saving the Right of the Lords, and of the Churches. Out of this Estimation are excepted in Clerks, the Treasure and Ornaments of their Churches, their Books, Horses, Vessels, Vestments, Gems, and Utensils, which are necessary for their daily use; And in Knights or Soldiers, their Horses, Arms, Vessels, and clothes for their common use. For the Collecting of this Alms, Two Templars and an Hospitaller appointed to be Collectors in every Bishopric. there shall be appointed in every Bishopric two Brothers, one of the Temple another of the Hospital, and in every Parish they two, and (Dominus Presbyter Villae) the Priest of the Town, (& duo de legalioribus Parochianis) shall collect and keep this Alms. All this great Work was [8.] Hoved. fol. 366. a. n. 20. dispatched, and the King was come back into England, and arrived at Winchester on the Thirtieth of January. And [9.] Ibidem. The King returns into England, and in a Council of his Lords causes these Articles to be recited. forthwith, saith Hoveden, he assembled a great Council of Bishops, Abbats, Earls, Barons, and many others, as well Clerks as Laics, at Gaintington, where he caused to be recited all the Articles which had been agreed on beyond Sea, about taking the Cross. The Monk of [1.] Chron. Gervas'. Col. 1522. lin. 3. An. Do. 1188. Canterbury tells us they met on the Eleventh of February. Tertio Idus Februarii Convenerunt apud Gaitintune quae a Northamptonnia, octo vel decem distat Miliariis, una cum Rege, Praesules, & Principes Regni de defensione sacrosanctae Terrae Jerosolimae tractaturi: unde variis & multis hic inde prolatis sermonibus, haec tandem de cruce sumpta, vel sumenda capitula subscripta promulgata sunt. That is, On the Eleventh of February, the Bishops, with the Princes, or Chief Men of the Realm, met with the King at Gaitintune, about eight or ten Miles from Northampton, to Treat about the Defence of the Holy Land of Jerusalem; and after much Debate, at length, these underwritten Articles, concerning such as had taken, or would take the Cross, were published. All that take the Cross to be absolved from their Sins. I. Every Clerk or Layman that shall take upon him the Cross, shall be freed and absolved from all his Sins, of which he hath been Confessed, and hath Repent, by the Authority of God, the Blessed Apostles Peter and Paul, and the Pope. All that do not undertake it, to pay the Tenth of their Estates and Goods. II. Dispositum est a Regibus, Archiepiscopis, Episcopis, & aliis Principibus, quod omnes illi tam Clerici quam Laici, etc. It is Ordained by the Kings, the Arch-Bishops, Bishops, and other Princes, or Chief Men, That all those as well Clerks as Laics, who shall not undertake this Expedition, shall give the Tenth of all their Rents for one year, and of all their Goods, as well in Gold as Silver, and in all other things, except Books, clothes, Vestments of Clerks, Ornaments of their Churches or Chapels, Precious Stones, as well of Clerks as Laics; and except the Horses, and Arms, and clothes of Knights, belonging to their proper use. III. Notandum etiam. It is also to be noted, Quod omnes Clerici, Milites, & Servientes, that all Clerks, Knights, and Esquires, which shall undertake this Expedition or Croysado, shall have the Tenths of their own Lands, and the Tenths of their own Men and Tenants, and shall give nothing for themselves. There are five Articles more in this Monk, about the mean Habits, and clothes they should wear in this Crusado, and their sober and humble Carriage and Behaviour; and about Liberty, and Conditions to engage their Estates, to prepare and sit themselves for the Expedition; now not much to the purpose. When this Constitution was thus made, says Hoveden, [2.] F. 366. a. n. 30. An. Do. 1188. The King sends out his Officers to collect the Tenth. the King sent his Servants, as well Clerks as Laics, to Collect these Tenths in his Dominions beyond Sea; but in all the Cities in England, he caused all the Richest Men to be chosen out, viz. in London two hundred, in York one hundred, and in others proportionably, and caused them all to appear before him at certain days and places; of whom he took the Tenth of their Movables, according to the Estimation of honest Men, which knew their Rents and Movables; and those he found obstinate or Refractory, Those that refused to pay were imprisoned till they paid. he presently committed them to Prison, and there kept them until they had paid the uttermost Farthing. The Jews also that were in England paid after the same Rate. Into [3.] Ibidem, n. 40. Scotland he sent the Bishop of Durham, and other Clerks and Laics, to Collect this Tenth; but the King of Scots met them between Werk and Brigeham, and would not permit them to enter into his Kingdom to collect them, yet offered to give the King for them, The King of Sco●s offers 5000 Marks. and to have his Castles again, Five thousand Marks of Silver. After the same manner Philip King of France caused the Tenths of the Rents and Movables (hominum suorum) of his Men or Subjects, to be collected in all his Dominions. This very year [4.] Ibidem, n. 50. Raymund Earl or St. Giles makes War upon Richard the King's Son, and is conquered. Raymund Earl of St. Giles, Aimer Earl of Engolism, Geofry de Rancune, and Geofry de Lusignan, and almost all the richest People of Poictou made War upon Richard Earl of that Country, and he upon them; who overcame them all; and amongst other Prisoners, he took one Peter Seillun, that had advised the Earl of St. Giles to take some Merchants or T●adesmen that were under Earl Richard's Protection, and Inhabitants of his Countries, and use them ill. The Earl kept him close Prisoner; and when the Earl of St. Giles [5.] Ibidem. b. lin. 1. found he could not Redeem him, Waylaid, and gave order to his Castellans and Soldiers, to apprehend any of the King of England's Sons, Earl Richard's Subjects. Within a little while they seize upon Robert Poer and Ralph his Brother, two Knights of the King's Family, that had been in Pilgrimage at St. James in Spain, and were returning home, and delivered them to Earl Raymund; who kept them in Prison, until his Servant Peter was ser free. Richard would make no exchange, but said the Reverence of their Pilgrimage was sufficient to discharge them; and therefore the King of France Commanded they should be set free, neither for Respect to the King of England, or his Son Richard, but for the Reverence he bore to St. James the Apostle. [6.] Ibidem, n. 10. The Earl of St. Giles Released them, not by the King of France his Command, but for the great Ransom he had of them. Earl Richard [7.] Ibidem, & n. 20. An. Do. 1188. Richard enters his Country, and wastes it. moved with this, entered his Country with an Army, and wasted it with Fire and Sword, and besieged, and took his Castles near Tholose. The King of France, hearing the Complaints of the People, sent into England to King Henry, to know whether the damages that were done in his Dominions by his Son Richard, were done by his Order, and demanded Restitution. King Henry returned this Answer, The King of France complains to the King of England. That his Son had not done any thing by his Directions or Consent: and that he had let him know by John Archbishop of Dublin, that he had done nothing, but by Advice of the King of France. At this time King Henry [8.] Ibidem, n. 30, 40. King Henry receives a Letter from the Patriarch of Antioch. received an Epistle of the Patriarch of Antioch, representing to him the miserable Condition of the Christians in the Holy Land; How that on the Fourth of July 1187. Saladin Emperor of the Saracens or Turks in a pitched Battle, had killed their Prince Raimund with his own hands: that there were of Bishops, Templars, Hospitallers, and others that accompanied them 1200 slain, and 30000 Foot, besides those that were destroyed in the Towns and Cities which were taken, there reckoned up to the number of thirteen; That he then besieged Jerusalem, and swore to take the Sepulchre, and divide it into small pieces, and throw it into the Sea, etc. To this the King [9.] Ibidem, f. 367. a. n. 20, 30, etc. He Answers it, and gives great hopes that Relief would speedily be sent. sends an Answer, to the Patriarches of Jerusalem and Antioch, in which he gives them great encouragement, and tells them, there was coming to their assistance such an Army of Christians as was never heard of, nor seen before; and that amongst the other Princes, he and his Son, rejecting and despising all the Glory and Pleasures of the World, were coming towards them with all the speed imaginable. But in the mean time [1.] Ibidem, n. 50. The King of France enters Berry wi●h a great Army. Philip King of France had raised a great Army, and entered Berry, and taken Castle-Radulf, (quod Burgenses reddiderunt ei) which the Burgesses delivered to him; and proceeding, almost all Berry, except Luches, was delivered to him. The King of England demanding a Reason of these things, it was told him, they were done in Revenge for the Injuries Richard Earl ' of Poictou had done to the King of France and Earl of St. Giles. The King of [2.] Ibidem, & b. liv. ● etc. The King of France refuses to make Peace. England Advising with his Friends, sends Baldwin Arch Bishop of Canterbury, and Hugh Bishop of Lincoln to the King of France, that they might persuade him to Peace; and when they could not, he passed into Normandy, and landed at Barfleu on the Eleventh of July: and gathered together in Normandy and his other Countries a great Army. In the mean time Richard Earl of Poictou enters Berry, destroys the Lands of the Earls and Barons that adhered to the King of France, and took some of them. The King of France [3.] Ibidem, n. 10. left Berry to William de Bars to defend it, and went toward the King of England, permitting his Soldiers to waste his Dominions; He sends Walter Archbishop of Roven, John Bishop of Eureux, and William Marshal, to demand Restitution, and unless he made it, to defy him. The King of France Answers, he would not desist until all Berry and Veuxin-Norman was subjected to him. Toward the [4.] Ibidem, n. 20, 30. Richard Earl of Anjou destroys the King of France his Countries. The King of France desires Peace. later end of August the King of England entered the King of France his Dominions; His Son Richard took William de Bars Prisoner, and his Father, and he, and William de Mandevill burnt and destroyed the King of France his Countries, and took his Towns and Castles, more, and faster than he burned and took theirs, so as he sent to them, and desired Peace, and offered to part with what he had gotten in Berry. They came to a Conference at [5.] Ibidem, n. 40. They meet to Treat of Peace, but cannot agree. guysor's, to Treat of Peace, and when they could not agree, the King of France in a mighty rage and anger cut down a brave spread flourishing Elm, between guysor's and Try, where the Conferences were wont to be between the Kings of France and Dukes of Normandy, and swore there never should be more Conferences in that place. The [6.] Ibidem, n. 50. Several French Lords lay down Arms. Earl of Flanders, Earl Theobald, and the other Earls and Barons of France laid down their Arms, and said they would fight no more against Christians until they returned from their Pilgrimage to the Holy Land. The King of France destitute of his Friends, desired a Conference with the King of England: he consents, and on the Morrow, being the Sixth of October, St. Faith's-day, they met at Chasteaux; The Terms propounded were, [7.] Ibidem. That the King of France should resign what he had taken since the Truce, The Treaty for Peace renewed, but without effect. and that Earl Richard should resign what he had taken by War from the Earl of St. Giles; and for Security, the King of France demanded of the King of England the Castle of Passy▪ which he would not grant, and so they parted Enemies. The King of France took the Castle of Palud as he went from thence, and passed on to Castle-Radulf, and brought the Plundering Brabanters from thence to Bourges, promising them their Pay, where he took away their Horses, Arms, and all their Goods, and turned them off naked, and without Arms. Earl [8.] Ibidem, f. 368. a. lin 6. Richard offers to stand to a Trial in the French Court. Richard offered to come into the Court of France, and stand to the Law there, for what had been done between him and the Earl of St. Giles, that so he might make Peace between the two Kings, which much displeased the King of England. On the Nineteenth of October [9.] Ib. f. 370. a. n. 30. they had another Conference between Bon-Molins, and Suleini, where the King of France offered to render whatsoever he had taken by War, upon Condition he would deliver his Sister Alice to Earl Richard his Son, that he might make her his Wife; and that he would permit him, as his Heir, to receive the Homages and Fealties of the Men of all his Dominions; But King Henry being sensible of the ill Consequences of that, and the Injuries and Mischiefs he had received for permitting it to his Son Henry, and by exalting him, he utterly refused to do it; whereupon Richard was exceedingly displeased, Richard swears Fealty to the King of France. and without the knowledge or Consent of his Father, did Homage to the King of France, for all the Tenements or Lands of his Father in that Kingdom, and swore Fealty to him against all Men, and adhered to him; and for his Homage and Fealty, gave him Castle-Radulph, and Issoudun, with the whole Honour. Yet the two Kings made a Truce [1.] Ibidem, n. 30, 40. A Truce agreed upon, and Earl Richard Anathematised. until the Feast of St. Hilary, and Henry Bishop of Alba, and a Cardinal, whom the Pope had sent to reconcile the two Kings, Anathematised Earl Richard as a Disturber of the Peace. After the Feast of St. Hilary, [2.] Ib. f. 37. b. n. 30. The King of France, and Earl Richard wasted the King of England's Dominions. when the time of Truce was expired, the King of France, Earl Richard, and many other Earls and Barons that had left the King his Father, and the Britan's (to whom the King of France and Earl Richard had given their Charts, that they would not make a separate Peace with the King of England, excluding them) in a Hostile manner entered the Dominions of the King of England, and wasted them every way. John _____ Cardinal came from the [3.] Ibidem, n. 40, 50. An. Do. 1189. Pope to the two Kings to exhort them to Peace, and he obtained of them to stand to the Judgement or Determination of himself, the Arch-Bishops of Canterbury, Rheims, Roven, and Bourges, and appointed them a day of meeting near Ferte-Bernard eight days after Whitsunday; All to be Excommunicated that were Hinderers of the Peace, except the two Kings. and the Cardinal, and four Arch-Bishops pronounced Sentence of Excommunication against all Men, Clerks, as well as others, that should hinder the making of Peace, excepting the Persons of the Kings themselves; They all met at the time and place appointed, and the Earls and Barons of both Kingdoms. In this Conference the King of France demanded of the King of England, that his Sister Alice might be given in Marriage to Richard Earl of Poictou, and that the Homages and Fealties, etc. as in the last Treaty; And further, that John his Brother might receive the Cross, and go to Jerusalem. The King of England [4.] Ibidem, f. 372. a. l. n. 2. The Treaty ends without success. Answered, That he would never consent to it, and offered the King of France, that if he would agree to it, his Sister Alice should be given in Marriage to his Son John, and that all things should be performed more fully than he desired; but the King of France would not yield to this, and so the Treaty ended without success. The Cardinal [5.] Ibidem, n. 10. The King of France values not the threats of an Interdict. threatened the King of France, that if he made not Peace with the King of England, he would interdict his Dominions; The King told him he valued i● not, and said, it belonged not to the Church of Rome to pronounce Sentence against the Kingdom of France, when the King chastised his Men, (homines suos) or Subjects, for their Contumacy and Rebellion, and the Injuries done to the Crown; And added, That the Cardinal had smelled or received some of the King of England's Starlings. The King [6.] Ibidem. of France presently attempted * i e. Firmitas Bernardi, the Fortress of Bernard. The King of France defeats the King of England's Army. Ferte-Bernard, and took it, and Montfort, and Beaumond, and Mayen, and Tours, Ambais, and Chaumont, and all the Castles and Towns round the Country, nothing stood before him; Coming to the Relief of Mayen, the King of England's Army was routed, and he fled with 700 Horse, many were slain in the pursuit: The King with a few got into the Castle of Chinon; [7.] Ibidem, n. 20, 30, 40. And the King of France had now Conquered all Tourain, and Main. In the [8.] Ibidem, n. 50. later end of June, or beginning of July, Philip Earl of Flanders, William Archbishop of Rheims, and Hugh Duke of Burgundy came to the King of England, who was then at Saumur, to make a Peace between him and the King of France. [9.] Ibidem, b. n. 10. The two Kings, and Earl Richard, with their Arch-Bishops, Bishops, Earls, and Barons met at that time between Tours and Arasic, where the King of England submitted himself wholly to the Will and Pleasure of the King of France, King Henry does Homage to the King of France. and then did Homage to him, because in the beginning of the War he had defied him, and denied his Dominion, and the King of France had disowned and disclaimed his Homage. These were the Terms of Peace, [1.] Ibidem, n. 20. The Articles of Peace between King Henry and the King of France. Dictated by the King of France; First, ●That his Sister Alice which the King of England had in Custody, should be delivered to one of five which Earl Richard should choose, and that she should be delivered to him in his return ●from Jerusalem. Secondly, ●That Richard should have all the Fealties of all his Father's Dominions, and that no Baron or Knight that left his Father to follow him, * That is, shall not be forced to return. shall return to him again, unless it be in the last ●Month, when they move toward Jerusalem. Thirdly, ●The time of that motion shall be in the middle of Lent, when both the Kings and Earl Richard shall be at _____ at that stime. Fourthly, ●All the Burghers (de Dominicis villis Regis Angliae) of the King of England's proper Towns, shall be free in all France, paying only their due Customs, nor shall be impleaded unless of forfeiture ●in Felony. Fifthly, ' The King of England shall give to the King of France ' 20000 Marks of Silver. Sixthly, ●All the Barons of the King of England shall swear, That if the King of England keeps not this Agreement, they will assist ●the King of France and Earl Richard against him. Seventhly, ●The Cities of Mayen and Tours, the Castles of Ligdi and Trou, were to remain in the hands of the King of France and ●Earl Richard while all things were performed. Upon the Confirmation of this Peace, he desired [2.] Ibidem, n. 30. to have a written Catalogue of the Names of all such as had deserted him, and adhered to the King of France and his Son Richard; King Henry finds his Son John the first that deserted him. which when he had received, and found his Son John the first Man, he was strangely surprised, and went to Chinon, and out of very grief and anguish of Mind, Cursed the day in which his was born, and gave [3.] Ibidem, n. 40. He Curses his Sons, and would never release them. God's Curse and his own to his Sons, which he would never release, though Bishops and other Religious Men had often persuaded and admonished him to it. When he was sick to death, he caused himself to be carried into the Church before the Altar, and there received the Communion of the Body and * Comunionem Corporis & Sanguinis Domini, Q. whether he received it not in both kinds. Blood of the Lord; Confessing his Sins, and being Absolved, he died eight days after the Feast of St. Peter and Paul, or on the Sixth of July, when he had Reigned Thirty four years, seven Months, and four days; and left this World about the Fifty seventh year of his Age. Some Men believe that the aversation of King Henry, from the Consummation of the Marriage of Alice Sister to the King of France, unto his Son Richard, proceeded from the kindness he had for her himself; and John Bromton [4.] Col. 1141. n. 50, 60. affirms it to be so. Of the Conquest or Acquest of Ireland. HEnry the Second had a great desire to add Ireland to the rest of his Dominions, and to that purpose held a Council of his Great Men at [1.] Chron. Norm. f. 991. C. An. Dom. 1154. in the first year of King Henry. Winchester, on Michaelmass-day, where they Treated about Conquering the Kingdom of Ireland; but because it pleased not his Mother, Maud the Empress, for sometime that Expedition was laid aside. Yet that he might be prepared against the first opportunity should offer itself, he sent [1.] Sylvest. Girald. Cambr. Hibern. Exp. f 787. lib 2. C. 6. King Henry obtains a Privilege of the Pope to subdue Ireland. John of Salisbury, afterward Bishop of Chartres in France, to Rome, to Pope Adrian the Fourth, an Englishman, with his Compliments, and Congratulations; from whom he obtained a [2.] Append ●. 37. Privilege, by his Authority and Assent, to bring Ireland under his Obedience, [3.] Girald. ut supra. that he might cause them to be instructed in the Rudiments of Faith, and informed in Ecclesiastic Discipline and Rules, according to the usages of the English Church, and received from him a Gold Ring as a Token of Investiture; First suggesting to him, That the Irish were a Rude People, and ignorant of the verity of Christian Faith: as appears by the Pope's Privilege or Bull itself. About the year 1168, or 1169. an occasion offers to put his Design in execution. Some fourteen or fifteen years after, he had a fair occasion and advantage to put his Design in execution. There was then five (at least) Kingdoms or Dominions in Ireland, and many more petty Governments, whereof those that Commanded in them, were often by our Ancient Historians called Kings; [4.] Girald. Cambr. Hiber. Expugnat. lib. 1. C. 1. One of the five Rulers was Dermot Fitz-Murchard, commonly called Mac-Morogh, who was Prince of Leinster; from his youth, and first entrance upon his Kingdom, he was an oppressor of the Nobility, and exercised cruel Tyranny upon the Great Men of his Land. To the evil [5.] Ibidem. Treatment of his People, there was the Accession of another Mischief; Ororic Prince of Meath went with an Army to view the utmost parts of his Country, and left his Wife Omachla, the Daughter of Herlin, or of O Machelin, in an Island belonging to it. Dermot and she had formerly understood one another very well; Dermot Ravishes Prince Ororic's Wife. yet taking the advantage of her Husband's absence, he speedily came to the place were she was, and Ravished her, because she had a mind to be Ravished. King Ororic mightily provoked with this indignity, breathed nothing but Revenge; and gathering together his own, and Neighbours Forces, drew into his Assistance Roderick Prince of Connaugh, Roderick drawn in to Ororic's Assistance. than Monarch of all Ireland. The People of Leinster considering in what straits their Prince was, and how he was encompassed with his Enemies, unmasked themselves, and discovering the concealed Revenge for the Injuries they had received from him. The Great Men left him, and joined with his Enemies. Dermot thus forsaken, and after many Conflicts with his Enemies, Dermot flees to King Henry, and is kindly received. with unequal Force, having been always worsted, he shipped himself, and fled to King Henry of England, then in France, and much busied in Aquitan, about reducing to obedience, and settling of that Province: Who received him kindly; and having heard the cause of his Exile, and of his Address and coming to him, delivered with much order; After he had sworn to be his true Vassal and Subject, (not being able at that time otherwise to assist him) gave him his Letters * Literas Patentes indulsis. Patents in form following. Henricus [6.] Ibidem. King Henry's Letters Patents to Dermot. Rex Angliae, Dux Normanniae, & Aquitaniae, & Comes Andegabiae, universis fidelibus suis, Anglis, Normannis, Gualensibus, Scotis, Cunctisque Nationibus suae ditioni subditis, Salutem. Cum praesentes ad vos literae pervenerint, Noveritis, nos Dermitium Lageniensium principem in Gratiae nostrae & Benevolentiae sinum suscepisse, unde & quisquis ei de Amplitudinis nostrae Finibus tanquam homini & fideli nostro, Restitutionis Auxilium impendere volu●rit, se nostram ad hoc tam Gratiam Noverit, quam licentiam obtinere. ● 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 ●he hath Our Favour and Licence 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 King's 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 King's 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, Surnamed 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 Surnamed 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 Lei●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. David's 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. David's; 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. David's, and Maurice Fitz-Girald, he obtained Licence 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 canters (or Hundreds) adjoining, Maurice Fitz-Girald and himself would assist him next Spring. Hereupon he returned to St. David's, 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 Countrymen, but as a Discoverer of the Country, for the Information of Earl Strongbow. Spy 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 join 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 burned 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 Treaty; the Issue whereof was, Wexford surrendered. that they yielded and delivered four Hostages to be kept by him for their good Behaviour and Fidelity to him for the future. He no sooner was possessed of the City, but he gave it, with the whole Territory, to Robert Fitz-Stephan, and Maurice Fitz-Girald, according to the Agreement he had made with him, and to Hervey Mont-Maurice he gave in Fee, two canters or Hundreds between Wexford and Waterford, lying upon the Sea. Having thus reduced Wexford, by the addition of the [4.] Ibid. c. 4. Dermot marches into Ossery. People of that place, he made up an Army of 3000 men, with which he marched toward (d) A Portion of Leinster anciently and at the time of Conquest a County or Earldom, Camd. Britan. f. 731. there are two of them, one named Vpper-Ossery in the Diocese of Leighlin, another called the lower, lies North of Ormond, and is a Diocese of itself, but the Bishop's House and Residence is at Kilkenny. So Holinshed in the Conquest of Ireland, c. 4. Camden calleth the first Lower-Ossery, ibid. f. 742. and the last Vpper-Ossery, f. 744. Osserie, the Prince whereof Dwenald, or Donald, amongst all his Rebels, was the greatest Enemy to Dermot. The Army advancing to the skirts and outside of the Country, entered a little way into it, but finding the Passages into the inaccessible Woods and Bogs, so secured, Barricadoed, fortified, and guarded by the Osserians, who resolved stoutly to defend themselves, hereupon the Army retreated into the Plains, the Osserians trusting to their former good Fortune in many other Engagements, and thinking their Enemies through fear had turned their backs, issued out of their fastnesses, and pursued them in the open Fields. Robert [5.] Ibidem. Fitz-Stephan totally routs the Osserians. Fitz-Stephan, taking the advantage; faced about with his Horse, and charged them furiously, making great Slaughter with the Lances, and totally routed them; and such as the Horse overthrew and trampled down, the Foot with their Irish Axes cut off their Heads, and presented them to Dermot. After this they entered the most inward Parts of the Country, and ruined it with Slaughter, Rapine, and Burning. So that the Prince of Ossery, The Prince of Ossery swears Fidelity to Dermot. by advice of his Council, desired Peace, gave Hostages, and swore Fidelity to Dermot. It was rather a feigned than real Peace on both sides. Robert Barrie and (e) Henry the First, King of England, had a base Son [8.] Sandford's Genealog. Hist. f. 31. by Nesta aforesaid, Daughter to the King of South-Wales, called Fitz-Henry, or Fitz-Roy, he was born, bred, lived and married in Wales, and had two Sons Meiler and Robert, the two Persons here mentioned. Meyler, were the most conspicuous for their Courage and Valour in this Engagement. Dermot [6.] Ibid. c. 5. Roderic resolves with all his Force to oppose Dermot. and his Strangers with this Success, became formidable through the Island. Roderic King of Connaught, and (f) There was always [9] Holinsh. Conquest of Ireland, f. 8. n. 10. one Principal Governor amongst the Irish, and he was commonly one of the Mac Carty's in Monster, Morroghs in Leinster, or O Conors in Connaught, chosen by the Nobility; he made Peace and War, and what he commanded was always done. Monarch of all Ireland, by his Messengers called together all the Primates, or Chief men of the whole Nation; upon Consultation, they agreed unanimously to rise against Dermot, and led several Armies, and an infinite multitude of Men (says my Author) into Leinster; most of his pretended Friends forsake him, not regarding their Promises or Oath. Fitz-Stephan and his men, with some few others, stuck close to him, and in a place not far from Ferns, surrounded with thick Woods, steep Mountains and Bogs, by Nature and Situation almost inaccessible, they secure themselves, and by cutting down Trees, and placing them so artificially, and with Ditches and Pits which they digged in places of advantage, they shut out their Enemies, yet with great Art reserved entrance for their Friends. Roderic [7] Ibid. c. 6. Roderic solicits Fitz-Stephan to withdraw, but prevails not. sent to Fitz-Stephan, and endeavoured to persuade him by great Promises and Gifts, to departed, and leave that Country with Love and Peace where he could challenge no right, but prevailed not. The same Messengers went to Fitz-Murchard to Mac Morogh, to induce him to join Arms and destroy the Strangers, with full assurance he should peaceably enjoy all Leinster, and the firm friendship of Roderic; but could not move him. But at length, [1] Girald. Ibid c. 10. A Peace concluded between Dermot and Roderic. by the intervening of Messengers and Friends, a Peace was made on these Conditions, That Dermot should enjoy Leinster, acknowledging Roderic as Prince and Monarch of Ireland by due subjection; and that the Peace might remain firm, he delivered his Son * Cnothurn according to Stanihurst. Cnuth to him as an Hostage. This Agreement was published and confirmed by their Oaths, and it was further privately agreed between them, that Dermot should call no more Strangers into Ireland, and that such as were there, should be sent away. Just after this Agreement [2] Ibid. c 11. Maurice Fitz-Girald lands at Wexford with a great Force. Dermot marches towards Dublin, and spoils the Country. came Maurice Fitz-Girald, Brother by the Mother to Fitz-Stephan, with ten Knights, thirty other Horsemen, and one hundred Archers on Foot in two Ships, and landed at Wexford. Dermot rejoiced, and was much encouraged at his coming, and forthwith raised an Army, and marched towards Dublin, Maurice being General, while Fitz-Stephan was busied in building a Castle upon a Rock called Karrec. In a short space the whole Country belonging to the City, and others adjoining, with Depredations, Slaughters and Burn, was almost destroyed. The Citizens desire Peace, and gave good Security for their Fidelity to their Prince for the future. In the mean time there happened [3] Ibidem. Roderic makes War upon Donald. Discord between Roderic Prince of Cannaught, and Donald Prince of Limrick; Roderic with Arms invades the Territories of Limrick, Dermot sends Fitz-Stephan with his Troops to the Aid of his Son in Law Donald, by whose assistance he obtained Victory in every Conflict, He is overthrown, and withdraws with disgrace. insomuch as Roderic withdrew himself from his Government with disgrace. Robert Barrie and his Brother Meiler, were very eminent for their Bravery in these Engagements. Fitz-Murchard or Morrogh [4] Ibid. c 12. Fitz-Murchard projects the obtaining the Monarchy of Ireland. encouraged by this Success, having regained his Country, thought of recovering his ancient Right, and propounded to him himself, the subduing of Connaught, and obtaining the whole Monarchy of Ireland; and secretly imparts his Project to Fitz-Stephan and Maurice. They think it easily to be accomplished if he could procure more English Forces; He solicits Fitz-Stephan for more Forces from England. And writes to Richard Earl of 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 receipt 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 Licence, 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 Seaside, 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 pursuing and entering with them. Reymund seeing in what straits 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 entered, and with a great outcry 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 pursuing them, killed above five hundred, with their Swords and Weapons, and threw many of them who had climbed 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 joined 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 Honour, 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 23d 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 Horsemen, or men at Arms, and about 1000 others, and on the 25th 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 entered, 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 King's 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 joined 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 Dermots Son to death. Proceed 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 Son's 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 Pirates, and make them Slaves, and for this reason they thought they lay under Divine Vengeance, and by public consent made a Decree, That all the English that were in Servitude, The Irish Clergy Decree that all English Slaves be ●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. fallen their Children and Kinsfolks, though they were neither in want or extreme 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 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 Licence 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 Life, 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 Fight men, arrived in the Port of the City, or Water of Life. 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 besieged 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 Enemy's hands. Within Dublin [9] Ibid●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 persuade the Earl to Sally out and attack the Enemy. Reflecting upon their desperate condition, Maurice and Reymund persuade 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 joined 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 pursued 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 Relics, 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 him, might quietly be conveyed 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. Beget, 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 Valour. When they [5] Ibid. c. 28. The Irish threaten to kill all the Prisoners, if the Earl should disturb them. came to the Boards of Wexford, they were informed of the case and condition of Fitz-Stephan, and of the burning of the Town, and received a Message from the Irish, in whose custody he was, That if they presumed to come near or disturb them, they would cut off all their Prisoners Heads; at which Message being much troubled, they directed their course toward Waterford, where they find Hervey returned from the King of England; who wrote to the Earl to come to him; he makes haste, and meets the King at Newnham in Glocestershire, having provided an Army to be transported into Ireland. After much Discourse, by the Mediation of Hervey, the King was reconciled to him on these Conditions, That he should deliver up to him Dublin, with the canters, The Earl agrees to deliver up Dublin to King Henry. Baronies, or Hundreds adjoining, and all the Maritine Towns and Castles, and he and his Heirs should hold of the King and his Heirs, all the Residue of his Conquest, or what he had obtained. Upon this Agreement the King went by Sea to St. David's, The King provides a great Fleet. and going from thence to Pembroke, in a short time there appeared a gallant Fleet in Milford Haven. In the [6] Ibid. c. 29. Ororic attempts to assault Dublin, but is repulsed with loss. mean time Ororic King of Meth taking advantage of the absence of the Earl, and Reymund, who was then at Waterford, came to Dublin in the beginning of September, entered the Ditches, and assaulted the Walls of Dublin; but Miles Cogan the stout Governor, made such a Sally, and so resolutely set upon his Enemies, that he routed them, and killed many, and amongst them, the hopeful Son of Ororic. On the 16th of October, [7] Ibid. c. 3●. A. D 1172. The King Lands at Waterford with a great Army. the King, with 500 Knights or Men at Arms, and with many ordinary Horsemen and Archers, took Shipping at Milford Haven and landed at Waterford on the 18th. Roger Hoveden [8] F. 301. b. n. 30.40. says, he set sail with a great Army of Horse and Foot in 400 great Ships from Milford Haven, and landed at a place called Croch eight Miles from Waterford by nine of the Clock next day, and that he and his whole Army marched to Waterford on the Feast of St. Luke. Here he stayed some days, and the Citizens of Wexford, [9] Girald, ut supra, c. 30. The Wexfordians deliver up Fitz-Stephan to the King. under pretence of Obedience and good Service, brought to him Robert Fitz-Stephan in Bonds, for that he first of all invaded Ireland without his consent. The King in great anger reproved him, and for that rash and unwarrantable Attempt, sent him in Chains to * A small Tower so called upon the walls of Wexford. Reginald's Tower. Hither came Dermot Mac-Carty [1] Ibid. c. 31. Hoved. f. 301. b. n. 40. Dermot Mac-Carty submits to the King and swears Fealty. King of Cork, and of his own accord submitted to him, swore Fealty, gave Hostages, and agreed to pay a certain Annual Tribute. From hence King Henry with his Army, marched to Lismore, and from thence to Cassil; at these places came in upon the same terms, the King of Limeric, the King of Ossery, All the Irish Princes submit, except the King of Connaught. the King of M●th, and almost all the mighty men of Ireland, except the King of Connaught. The King returned back to Waterford, after he had received the Submissions of the Irish Princes, and Fitz-Stephan was again brought before him, and then considering his valiant Achievements, and the greatness of his mind, restored him to his Liberty, Fitz-Stephan restored to his Liberty. but took from him Wexford, and the Territory adjoining. All the [2] Hoved. ut supra. n. 50. Benedict. Abb. p. 38. b. 390. a. The Irish Clergy swear Fealty to him and his Heirs for ever. Archbishops, Bishops and Abbats of Ireland, came unto the King of England at Waterford, and received him as King and Lord of Ireland, and swear Fealty to him and his Heirs, and from every Archbishop and Bishop he received a Chart, by which [2] Hoved. ut supra. n. 50. Benedict. Abb. p. 38. b. 390. a. The Irish Clergy swear Fealty to him and his Heirs for ever. they acknowledged and constituted him King, and submitted unto him and his Heirs as their Kings for ever. And according to their example, the foresaid Kings and Princes received him as King and Lord of Ireland, and became his men, and swear Fealty to him and his Heirs against all men. These Charters were transcribed, and the King [3] Hoved. f. 302. a. n. 20. Ben. Abb. p. 39 b. The Charters sent to the Pope and confirmed. sent the Transcripts to Pope Alexander, who confirmed by Apostolic Authority to him and his Heirs, the Kingdom of Ireland, according to the form of those Charters. The Nation being in perfect peace and quiet, the King [4] Girald. ut supra. c. 33, 34 The King calls a Council of the Clergy at Cassil. called a Council of all the Clergy thereof at Cassil, and sent Ralph Abbot of Bildewas, Ralph Archdeacon of Landaf, Nicholas his Chaplain, and other Clerks to assist at it, and his design was to bring the State of the Irish Church, as near to the form of the English Church as might be; and therefore he confirmed the [5] App. f. 464 H● confirms their Decrees by his Royal Authority. Decrees of the Council by his Royal Authority. From Waterford he came to Dublin, [6] Hoved. ut supra. n. 30. about the Feast of St. Martin or 12th of November, and stayed there until the beginning of Lent; he kept a Noble Christmas, the Irish admired his Hospitality, and the Splendour of his Court. Here King Henry stayed until the beginning of [7] Girald. c. 36. Hoved. f. 302. b. n. 20. Lent, when he went to Wexford, where receiving Information that two Cardinals, Theodinus and Albertus were sent from the Pope into Normandy, The King leaves Ireland and goes to meet two Cardinals sent by the Pope into Normandy. he made haste to go to them, but very unwillingly left Ireland in such an unsettled condition; yet before he went, he consulted with his Friends and Chief men, and made some provision for the Security of it before he departed; he gave to Hugh Lacie all Meth with the Appertinences, to hold in Hereditary Fee of him and his Heirs, by the Service of 100 Horse, and delivered Dublin into his Custody, and made him Justiciary of Ireland; and delivered to [8] Ibidem. Hoveden. Robert Fitz-Bernard in custody the Cities of Wexford and Waterford, with their Appertinencies, and commanded him to build Castles in them. Giraldus [9] Cap. 37. f. 778. n. 20. Cambrensis says he thus provided for the Security and Defence of the last mentioned Cities and Towns. To Hugh Lacie he left the keeping of Dublin, King Henry settles the Government of Ireland. with twenty Knights or men at Arms, and also left with him Robert Fitz-Stephan, and Maurice Fitz-Girald, with other twenty Knights or men at Arms. To Humphrey 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 Sunrising, he went on Shipboard in the furthermost part of the Haven of Wexford toward the Sea, and landed near St. David's 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 stayed 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 Tranquillity, [2] Ibid. c. 40. Ororic's Treachery to destroy Lacie and Maurice. Ororic the one-eyed King of Meth, and Hugh de Lacie, gave Countersecurity, 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 jealousy 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 Lacie and Maurice, and advanced to smite Hugh with his Irish Axe, with which stroke the Interpreter interposing himself, had his Arm chopped off, of which wound he died; Maurice and his Nephew Grifin came in to the Rescue of Hugh Lacie, 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 pursuit. 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 Dissension both in England and Normandy, and other parts of France, under his Dominion, (which the Irish very well understood) [3] Ibid. l. 2. c. ●. The Irish encouraged to throw off the English 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 King's 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, than * Herveio se Constabularium jam geren●e. The S●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 Ostmen, 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 Garrisons, 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 straight, 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 entered Waterford, with his Forces he conducted the Earl to Wexford, leaving the care of that Town unto one Terrell or Purcell, him the Waterfordians slew, and all the English they could find in the Streets or in their Houses, Man, Woman, and Child, not sparing Age or Sex, yet the City itself was preserved by such as were in Reginald's Tower, who drove the Traitors out of the City, and forced them to seek for Peace, which they obtained upon hard Conditions. Reymund marries Basilia. At Wexford Reymund was married to Basilia, and the Wedding night being over, next day hearing Roderick King of Connaught had again destroyed M●th, and was marched into the Country near Dublin, went with his Forces toward him, but he stayed not his coming. Reymund finding him retired, repaired the Castles in Meth, and brought things to such a pass, as through fear of him, the Nation for some short time remained in Peace. But long it was not [7] Ibid. c. 8. Donald breaks his Oath made to King Henry. e'er Donald O Breen or Brin, King of Limerick and Monster departed from the Fealty he had sworn to the King of England. Whereupon Reymund gathered together an hundred Knights or men at Arms, and with twenty other Horsemen as his Guard, three hundred Archers on Horseback, and as many on Foot, about the first of October attacked Limerick, and coming to the River Shanon, that almost encompasseth the City, which was deep and swift, they could proceed no further. David Welsh his Courage. David Welsh (so called from his Family, not Country) a courageous young Gentleman, that despised Death, in respect of Honour, forced his Horse into the River and passed over it, and from the place where he was, cried out to the Army, he had found a Ford, yet none followed him but one Geofry Judas a common Soldier, who was drowned. Meiler seeing this, envying the Courage and Honour that David Welsh had got in his passing over and safe return, clapped Spurs to his Horse, and went through the River, notwithstanding the great danger he was to undergo from the Stones thrown at him from the Walls, and the opposition he was to meet with at his going out of it on the other side, yet he got safe upon Land, and was presently encountered by the Enemy. Reymund observing in what danger his Nephew was, encouraged his Army, and led them over, with the loss only of two of his Guards, and one common Soldier named Guido, Reymund takes Limerick. that were drowned. He presently drove the Enemy into the City, and with great slaughter of the Citizens, took it by force; wherein the Army found much rich Booty and Gold. When Reymund [8] Ibid. c 10 had put the City into good order, leaving there fifty Knights or men at Arms, with 200 ordinary Horse, and as many Archers, he marched into Leinster, leaving Miles of St. David's Governor of it. Hervey de Monte Marisco, envying the Honour and Success of Reymund (notwithstanding he was related to him by the Marriage of his Cousin German Nesta, Hervey endeavours to undermine Reymund. the Daughter of Maurice Fitz-Girald) plied the King continually with secret and malicious Informations against him, insinuating and asserting that he would not only subdue and usurp to himself and followers, the Country of Limerick, but also the whole Nation of Ireland. The King moved with this Information, and giving credit to Hervey, sent [9] Ibid. c. 11 four Legates or Commissioners, Robert Poer, Osbert de Hereford, William de Bendinge, and Adam de Gernemie, or rather Gernem●e, whereof two were to come with Reymund, being recalled into England, and two were to stay with the Earl. But it so happened, that while Reymund was preparing for his passage into England, Messengers came from the [1] Ibid. c. ●2. Garrison in Limeric, Donald besieges Limeric. relating that Donald O Breen Prince of Tuomond, with a great multitude had besieged or encompassed it, and that in Winter time they had spent most of their Victuals, and therefore desired sudden Relief. The Earl was very earnest, and solicitous to relieve them, and called upon, and quickened the Army to that undertaking, Reymund sent to relieve it. but they all denied to march without Reymund. The Earl advising with the King's Commissioners, at length, as well by the earnest request and pressure of him, as of them, Reymund undertook the Service, and marching towards Cashil, with 80 Knights or men at Arms, 200 ordinary Horse, and 300 Archers, besides the Irish he brought with him, Murchard Prince of Kincel, (perhaps now Kynsale) and Donald Prince of Ossory, he heard that Donald of Tuomond had left the Siege of Limeric, and was coming to meet him at the Pass of Cassil, which was of itself very strong, but by new fortifying it with Ditches, cutting down of Trees, placing them Artificially, and making strong Hedges, it was made as it were impassable. The Army [2] Ibid. c 13. Meyler enters Limeric. marched in three Divisions, Meyler commanded the first, who made such a furious onset at the Pass, as he almost destroyed the Hedge and Barricado of Trees, killing many of the Defendants, and opened his way through it by the Sword, on the Vigil or Eve of Easter, and on Tuesday that week entered Limeric with his Victorious Army, and repaired what had been ruined or destroyed by the Siege. Not long after [3] Ibidem. Conaught and Tuomond swear Fealty to King Henry Reymund had Conference with the Princes of Conaught and Tuomond on the same day, but not in the same place; after much discourse, each Prince gave Hostages, and swore inviolable Fidelity for the future to the King of England, and his Substitutes. No sooner [4] Ibidem. Reymund helps Dermot against his Rebel Son. was Reymund returned with his Hostages to Limeric, but Dermot Mac-Carty sent and supplicated him for assistance against his eldest Son Cormach O Lechan, who had almost driven him out of his Kingdom, promising him and his Soldiers large rewards. He takes advice about his request, and then marches to Cork, takes the Town, subdues the Rebel Son, and restores the Father, and returned with much Booty and good satisfaction to Limeric. Under pretence of Peace, the Son caught his Father and imprisoned him; the Father, under the same pretence, got his Son and chopped off his Head. A. D. 1175. After this the Prince of Conaught sent his Submission and Conditions to the King of England, [5] Hoved. f. 312. b. n. 10, 20. King Henry holds a Council at Windsor. by his three Commissioners, Catholic Archbishop of Tuam, Cantord Abbot of St. Brandan, and Laurence his Chancellor. On the sixth of October the King held a great Council at Windsor; present there, the King his Son, the Archbishop of Canterbury, and the Bishops of England; and present also Laurence the Archbishop of Dublin, and the Earls and Barons of England, where they made this Concord and Agreement on behalf of Roderic of Conaught. First, The King of England [6] Append. N. 38. Conditions and Articles between King Henry and Roderic. granted to Roderic his Liegeman the Kingdom of Conaught so long as he should serve him faithfully, that he should be a King under him, ready at his Service, as his * Sicut homo suu●. Vassal or Man, and that he may hold his Land as well and in Peace, as he held it, before the King of England entered Ireland, paying unto him Tribute, etc. Second, If any of his People were Rebels to the King of England, and him, and refused to pay Tribute by his hand, and to perform other Rights to the King of England, he should Justice or punish and remove them, and if he could not Justice them, the Constable of the King of England, and his force should do it, etc. with several other things mentioned in the Concord itself. In this Council King Henry [7] Hoved. f. 313. a. n. 10. Augustin made Bishop of Waterford by King Henry. gave unto Mr. Augustin and Irishman, the Bishopric of Waterford then void, and sent him over with Laurence Archbishop of Dublin, to be consecrated by Donat Archbishop of Cassil. In the next year [8] Ibid. f. 316 a. n. 20. A. D. 1176. Pope Alexander the Third sent Vivian Priest, Cardinal, Legat of the Apostolic See in Scotland, and the circumjacent Isles, and in Ireland and Norwey to hear and determine in Ecclesiastical Causes. This year about the beginning of June died [9] Ib. b. lin. 6. Earl Strongbowe dies at Dublin. Earl Strongbowe at Dublin, of whose death Reymund, then in Desmond, [1] Girald. Cambr. ut supr. c. 14. had notice from his Lady Basilia, which he endeavoured to keep private from the Irish, and immediately upon the news he called a Council of his most knowing and trusty Friends, to consider what was to be done in the present Constitution of Affairs, and for that Reymund was suddenly to departed for England, they resolved to remove the Garrison out of Limeric, and disperse it into the Maritime Towns, and the strong places in Leinster, to reinforce them, and to leave the charge and defence of that City, Reymund commits Limeric to O Brien. to Donald O Brien or Breen of Tuomond Prince of Limeric, as one of the King of England's Barons, who gave new Hostages, and made fresh Oaths for to defend the Town, restore it to the King of England upon demand, and to preserve the Peace. But the English were no sooner over one end of the Bridge, He breaks down the Bridge, and fires the Town▪ but Donald caused the other end to be broken down, and the City to be fired in four places; from hence the Army marched to Dublin. The Irish Annals place the death of Earl Richard, and the coming of Cardinal Vivian into Ireland, in the year following A. D. 1177. The King's [2] Ibid. c. 1●. Commissioners after the Earls death, make haste into England, and acquaint the King with the change of Affairs in Ireland, who forthwith sends (a) This William was reckoned as one of the Household or Dapifer to King Henry the Second, Hoved. f. 301. b. n. 40. and was Seneschal of Normandy, Poictou or some other his Dominions in France, he was Luxurious and Proud, yet Covetous, and scraped together much Wealth, by indirect as well as fair courses. He was harsh, unkind and injurious to the Officers both Military and Civil, which he found in Ireland. He was negligent in his Government, and therefore continued but a short time in it, Girald. Cambren. l. 2. c. 16, 17. William Fitz-Adelm * In Hiberniam procuratorem misit. Procurator thither, with ten Knights or Men at Arms of his private Guards or William Fitz-Adelm sent Procurator into Ireland. Household to attend on him, and joined with him John de Curcy, with whom he sent ten others of the same Quality. Also Robert Fitz-Stephan, and (b) * F. 293. b. n. 10 Hoveden calls him Miles de Coggeham; Richardus Comes de Striguil, magno congregato exercitu invasit Hiberniam, & maximam illius partem subjugavit sibi, auxiliante e● Milone de Coggeham, viro bellicoso, & facta concordia, cum Rege Diviliniae, filiam illius in uxorem duxit, cum Regno Diviliniae, that is, Leinster. Miles Cogan, (who for two years' last passed, had served him nobly and bravely in his Wars of France and England) with twenty to attend upon their Persons: Reymund hearing they were landed, marched to Wexford, and received them with great respect and kindness, and forthwith delivering up the Cities, Garrisons, Forts, and Hostages of all Ireland, to William Fitz-Adelm as Senescal, sent by the King. John de Curcy [5] Ibid c. 16. f. 791. lin. 1. John de Curcy holdly sets upon Ulster. finding William Fitz-Adelm to act Covetously, Timorously, and Deceitfully, as not being faithful to those under his command, or formidable to the Enemy. He took out of the Forces of Dublin, which by the sloth of the General, and for want of Pay, and their usual refreshment by Plunder, two and twenty Knights or men at Arms, and 300 others. And boldly sets upon the Kingdom or Province of Ulster, not yet attempted by the English Arms. Cardinal [6] Hoved. f. 320. b. n. 10, 20. He takes Down. Vivian beforementioned was with King Guthred in the Isle of Man at Christmas, and after Epiphany or Twelf-day passed into Ireland and remained at Down, the chief Town then of Ulster; while he was there about Candlemass, [7] Ibid. & Girald. Cambren. Hibern. Expugn. lib. 2. c. 16. f. 794. n. 20. A. D. 1177. John de Curcy came before that place and took it, without trouble, the Governor Dunleve (or perhaps Donald) not being provided for a defence, fled. The Cardinal mediated a Peace between the King and John, but without effect. Whereupon Roderic King of that Province, and Dunleve raise an Army of 10000 Irish in few days, and march toward Down to besiege it; John de Curcy thought it could no ways be for his advantage, to be shut up in a Fortress he had built in a corner of the City, and therefore drew out the few men he had, not exceeding seven hundred, and went toward them, resolving to try the Fate of a Battle: He obtains a Victory over Roderic and Dunleve. They came to a sharp and cruel Engagement, wherein he obtained the Victory, with a mighty slaughter of his Enemies, though not without great loss on his own side. Roger Poer a stout young Gentleman, was the second eminent Person in this Action. Giraldus Cambrensis in the same Chapter tells us of four other Battles fought by John de Curcy in Ulster, but just only mentions them, and the places where they were fought; Stanihurst also in his [8] P. 182. History of Ireland passeth them over as briefly; but Dr. Hanmer in his [9] F. 148. I take this to be the Book of Houth▪ so often cited by Camden and Dr. Hanmer. Chronicle of that Nation, from a Book written in Latin by an Irish Friar, and [9] F. 148. I take this to be the Book of Houth▪ so often cited by Camden and Dr. Hanmer. translated by— Dowdall Primate there, into English, A. D. 1551. gives a more full account of them, and of this John de Curcy. Who was [1] Ibidem. John the Curcy's descent. by his Father a Norman, by his Mother a Cambrian Britain or Welshman, and married the Daughter of Guthred King of Man; he served King Henry in all his Wars. In France he became acquainted with Sir Amoric Tristram who married Curcy's Sister, and whether from the Lady's name, or that they were married on St. Laurence day, he was ever after called Amoric de Sancto Laurentio, and his Descendants always bore that Surname, from whence the Lords of Houth were lineally descended. These two Knights became sworn Brethren in the Church of our Lady at Rhone, where they solemnly vowed to serve together, to live and die together, and equally divide between them what they got by the Sword, or should be given them for their Service; thus they continued together in France, Anjou, Normandy and England; and when Sir John de Curcy was joined in Commission with William Burgh, Fitz-Adelm, He enters into a strict Alliance with Sir Amoric de Sancto Laurentio. and others, Sir Amoric de Sancto Laurentio, or St. Laurence, accompanied him into Ireland, where Curcy received a Grant from the King by Patent for him and his Heirs or Assigns to enjoy in that Nation all he could Conquer with his Sword, reserving to the King Homage and Fealty. They Landed at (c) Houth, a Town or place within a Bay not far from Dublin Haven. Houth, and there by a Bridge were opposed by the Irish, with whom there was a Bloody Conflict. Sir John de Curcy was then sick and remained on Shipboard, Sir Amoric being General, behaved himself most worthily, many fell on both sides; and he got the Victory, with the loss of seven of his own Blood and Relations, for which good Service, and his Valour, Sir John de Curcy allotted him the Lordship of Houth, with other things, as his share of the Conquest. This seems rather an Invention of the Friar, concerning the Original of the House of Louth, by the manner of the Story, than a real Truth, but as I find it, I leave it, and pass on to the four other Battles. Four Battles fought by John de Curcy. The first [2] Ib. f. 152. He beats the Ulster men. was fought on Midsummer-day following, before the Walls of Down, with fifteen thousand Irish, in which Curcy was Victor, and beat them so much, that the Ulster men had no great stomach to set upon the English afterward; here Sir Amoric was wounded and lost much Blood, his Wounds were so many and so dangerous, that he was given over by Physicians and Surgeons for nine days, yet recovered; his Son Sir Nicholas St. Laurence was almost in as ill a condition with his Wounds, yet did well again. The Second was in [3] Ib. & f. 153.154. He conquers the Irish at Fern, and takes a great number of Cattle. Fern against Eleven thousand Irish, the English not being above a tenth part of the number: The occasion of it this, Sir John de Curcy had built many Castles in Ulster, especially in that part of it called Fern, where Mac Mahon lived; he was very kind to Curcy, and had sworn to be a true and faithful Subject; whereupon he gave him two Castles with the Lands belonging to them; within a month Mahon pulled them down and leveled them with the ground. Curcy demanded the reason of his so doing; his answer was, he did not promise to hold Stones of him but Land. For which Practice and slight answer, Curcy resolved to pillage and drive all the Cattle he could out of his Country; the Prey was so great, that it could not be driven in one Body, and therefore was divided into three parts, as were Curcy's men that drove it. The ways were narrow, Boggy, and Miry, having thick Bushes on both sides, and the three Droves of Cattle were three Miles in length. The Irish in like manner divided themselves into three Bodies, The English defeated of their Prey by an Ambuscade of the Irish. and lay in Ambush in the Woods ready to take all advantages; when they set upon the English, they made such shouts, and such an hideous noise, that the Cows (saith my Author) ran like Devils, and overthrew Horse and Man, so that more were trodden under foot in the Dirt and Mire by the Cows, than were killed by the Sword of the Irish. The English were broken to pieces, Sir Roger Poer (for this Book Knights them all) was taken Prisoner, and rescued by Sir Amoric, and he and Sir John Curcy, in their flight, and in several Skirmishes, killed nineteen score of those that pursued them, amongst whom was Mac Mah●n himself, slain by the base Son of Sir Amoric; at length in the Evening they by chance recovered an old Fort, in which they secured themselves. Sir Amoric, after a short sleep, went out to discover the Enemy's Camp, (which was not far off, The Irish routed and slain by Sir Amoric's Policy. as appeared by the great Fires they had made in it,) and to see in what posture they were; he found they were in a careless and negligent condition, without either almost Watches or Guards, and most of them asleep; he made a speedy return, and pressed his Brother Sir John de Curcy, that they might march with all their strength, and catch them Napping, which was done, and they killed the Irish without resistance, and so many of them, that not above Two hundred escaped that were very nimble footed. The English lost the day before Four hundred men, and in this Morning's work only two. Giraldus Cambrensis [4] Lib. 2. c. 16 f. 795. lin. 6. in his short Account of this Action, says only, it happened in the taking of Prey, and by reason of the narrow passages, after many great and doubtful Fightings and Skirmishes, John de Curcy was overcome, many of his men being slain, and others dispersed in the Woods, so as he hardly escaped with eleven men; yet with an undaunted Courage, and with so small a number, he marched Thirty Miles on Foot (having lost their Horses) armed, and fasting two days and nights, continually defending themselves from the attacks and assaults of their pursuing Enemies, until they recovered his own Castle. The Third was [5] Ha●m. Chronicle of Ireland, f. 155, 156. Anciently in Latin Ergalia, it contained the Countries about Louth, M●naghan, and Ardmagh. fought in that part of Ulster called * Vriel. John de Curcy had sent into England for Victuals, Ammunition, and other necessaries, by stress of Wether the Ship that brought them, was driven into a Creek there, called Torshead. O Hanlan with other Irish, board the Vessel, kill the men and Mariners in it, and make it a Prize. Curcy drew his men together, and marches toward the Newry, to go into Vriel, but in his march, he had notice that the Irish of those Parts were in Arms, and provided for their defence, and were encamped South of Dundalke. The English marched toward them, and procured a Poor Friar to go and tell them, that there were great Forces arrived from England at Tre or Drogedagh, and that they were marching toward them; the English, when they came within a Mile of the Irish Army, they went forward in such order as might make the greatest show, and appear many in number, by the advantage of the places where they marched; The English approaching make a great shout, with which the Irish were so daunted, as they broke their order, tumbled one upon another, and attempted to pass the River, when the Tide coming in, many were drowned, and others that dare not adventure through the Water, were killed by the English; O Hanlan with his men had passed the Water. The Friar shown unto the English a Ford, where they went over and pursued the Irish, which were about 6000, A Fight between Courcy and O Hanlan. and the English 1000; the matter was so ordered on both sides, that they must fight; the Conflict was sharp, the English Foot gave back, and left Courcy in the midst of his Enemies; his Brother Amoric comes into to his relief, rallies, and encourageth the Soldiers, who charged the Irish so briskly, as they made them retreat: The slaughter was great on both sides, and each of them drew off without boasting of Victory. The Fourth [6] Ib. f. 157. Girald. ut supr. l. 2. c. 16. f. 795. n. 10. was at the Bridge of Ivori where Courcy prevailed and slew many of his Enemies. These were the great Acts of John de Courcy, who commanded those English Forces that subdued Ulster, after which he built many Castles in fit places for the Security of it, and established there a firm Peace. While John de Courcy [7] Ibid. c. 17. was thus employed in reducing Ulster, Miles Cogan who was * Dublinens. familiae constabularius, & urbis custos, etc. Miles Cogan invades Connaught. Constable of, or had the chief command of the Forces of Dublin, and Governor of that City, under William Fitz-Adelm Seneschal of Ireland, with Forty Knights, 200 other Horsemen, and 300 Archers, passed the River Shannon, and invaded Conaught, the men whereof burned their own Cities and Towns, hid their Food and Victuals in Caves under ground, and drove their Cattle into Fastnesses. The English * Anglicana familia cum Tuemoniam Metropolin pervenisset, etc. Forces went as far as Twomond or Tuam the Metropolis, and stayed there eight days, but not finding wherewithal to subsist, returned to the Shannon, where Roderic Prince of Conaught met them with three great Bodies of men. There was a sharp Fight, and many of the Irish slain, but Miles and his men got safe to Dublin, with the loss only of three Horsemen. After this William Fitz-Adelm was recalled, and [8] Ibid. c. 18. A. D. 1177. Hugh de Lacie was by King Henry made Procurator General, that is, Seneschal or Governor of Ireland. Rex Henricus Hugonem de Lacy generalem Hiberniae Procuratorem constituit. This same year in a general Council at Oxford, [9] Hoved. f. 323. n. 20, 30, 40, etc. Henry makes his Son John King of Ireland. King Henry made his Son John King of Ireland, by the Grant and Confirmation of Pope Alexander. Venit Rex Oxeneford, & in Generali Consilio ibidem celebrato, constituit Johannem filium suum Regem in Hibernia, concessione, & confirmatione Alexandri summi Pontificis. Benedictus Abbas [1] P. 97. a. says he purchased or procured a Licence from Pope Alexander, to make which Son he would King of Ireland. Rex perquisierat ab Alexandro summo Pontifice quod liceret ei filium suum quem vellet coronare, & Regem facere de Hibernia. He gave in the same [2] Hoveden u● supra. Henry grants to Fitz-Stephan and Cogham the Kingdom of Cork. Council to Robert Fitz-Stephan, and Miles de Cogham, the Kingdom of Cork for the Service of sixty Knights, to hold of him and his Son John, except the City of Cork, and one Cantred or Hundred, which the King reserved to him and his Heirs. The King gave also to Herbert Fitz-Herbert, and William the Brother of Earl Reginald, and Jollan de la Pumeray their Nephew the Kingdom of Limeric, for the Service of sixty Knights, or for sixty Knights Fees, except the City of Limeric and one Cantred which he retained to him and his Heirs; He likewise delivered to William Fitz-Adelm his Dapifer or Seneschal, the Custody of the City of Wexford, with all its Appertenencies; and decreed, that for the future the places following should belong to the Service of Wexford, Harkelow with its Appertinencies, Glascarric with its Appertinencies; and the Land of Gilbert Boisrohard, Ferneg, Winal with its Appertinencies, and all the Land of Hervey between Wexford and the River of Wexford, the Service of Raimund de Druna, the Service of Frodrevelan, the Service of Vthmorth Leighlerin; the Tenement of Ma● Taloe with its Appertinencies; and Leis the Land of Geofry of Constentine with its Appertinencies, and all the Land of Otneld. King Henry also delivered in Custody unto Robert Poer his Marshal, the City of Waterford with all its Appertinencies, and ordained, that for the future these places following should belong to the Service of that City; all the Land which is between Waterford and the River beyond Lismore, and all the Land of Ossery with its Appertinencies. Dublin committed to Hugh de Lacy. He also delivered in Custody unto Hugh de Lacie Dublin, with all its Appertinencies, and ordained that these places following should belong to the Service of Dublin, the whole Land of O Felana with its Appertinencies, and Kildare with its Appertinencies, and the whole Land of Ophaly with its Appertinencies, and Wicklow with its Appertinencies, and the Service of Meth, and the Service of four Knights Service, which Robert Poer owes for his Castle of Dunavet. When the King had thus [3] Ib. f. 324. a. lin. 8. All to whom Lands were committed, swear Fealty to the King and his Son John. given the Lands in Ireland, and divided their Services, he made all those to whom he had committed the Custody of them, to become his and his Son John's Men or Vassals, (homines suos & Johannis filii sui Devenire) and to swear Ligeance and Fidelity to them for those Lands. Afterward he gave [4] Ibid. n. 20. to Philip Bruise the whole Kingdom of Limeric for the Service of sixty Knights, to hold of him and John his Son, for Herbert and William the Brothers of Reginald Earl of Cornwall, and Joslan de la Pumeray their Nephew, would not have that Kingdom, because it was not then fully subdued, for the English had killed the King of Limeric, who was the King of England's Vassal, and a great and potent man of his Lineage, invaded and took that Kingdom, owning no subjection to the King of England, nor would he obey his People, for their unfaithfulness, and the Injuries they did to the Irish without cause or provocation. Robert Fitz-Stephan and Miles Cogan [5.] Girald. Cambren. l. 2. c. 18. Limeric fired by the Inhabitants. conducted Philip Breuse to his Government, but when he came near Limeric, the Inhabitants set the Town on Fire in spite: Robert Fitz-Stephan and Miles Cogan offered their assistance for the recovery of the City and Kingdom of Limeric, but Philip refused to come and live amongst such People, and so returned with them to Cork. Some time after this [6] Ibidem. Miles Cogan and Ralph Son to Robert Fitz-Stephan that had married his Daughter, went toward Lismore to treat with the Waterford men, and determined to lodge with one Mac-Tyre that night, who had invited them: But while they were in the Field expecting the Waterfordians, stealing upon them unawares, Miles Cog●n treacherously slain by Mac-Tyre. he killed them and five other Knights, whereupon Mac-Carty and Mac-Tyre, with the Irish in those parts, put themselves into Arms, refusing subjection to the English, and designed to destroy Robert Fitz-Stephan whom they had besieged in Cork; his Nephew [7] Ibid. f. 797 n. 10. Reymund heard in what distress he was, and shipped himself at Wexford with twenty Knights, and an hundred Foot and Bowmen, and landed at Cork, encountered the Enemy, killed many, caused others to fly, and forced the greatest number of them to sue for Peace and live quietly. The King hearing of the death of Miles, [8] Ibidem Richard Cogan his Brother succeeds him. sent Richard Cogan his Brother with a choice Band of men to succeed in his place in the Kingdom of Cork; a man no way inferior to his Brother for Courage and Martial knowledge. Hugh de Lacie at this time governed Ireland [9] Ibid. c. ●9. The Irish quietly submit to the Government of Hugh de Lacy. with great Prudence and Moderation, he recalled such as had been violently thrown out of their Habitations, so as in many places the Lands were stocked and cultivated again; in a short time he established the Nation in such Peace, and by his Generosity and kind behaviour so alured the Irish, and obliged the great men, that he was much suspected to have aimed at the Dominion, Crown, and Sceptre of that Nation. This suspicion of him increasing, [1] Ibid. c. 21. A. D. 1181. Upon suspicion he is recalled, and new Governors appointed. he was recalled from his Government, and John Constable of Chester, and Richard de Pec, were sent by the King to undertake that Charge, but before he went, and in the time of his Government, he had built very many Castles, and placed Garrisons in them for the security of the Kingdom. Hoveden placeth this [2] F. 348. b. n. 30. Revocation, and sending of the new Governors in the year 1181. and says, they would not continue him Governor any longer, because he had married the Daughter of the King of Connaught according to the Custom of the Irish, which might add much to the suspicion of his Usurpation. He also saith, [3] Ibid. n. 20. that Laurence Archbishop of Dublin, some time before and about Candlemass, came into Normandy, and brought with him the Son of the King of Connaught, and delivered him to the King of England as an Hostage, for the performance of the Agreement between them, concerning the Tribute of Ireland. These two Governors were sent into Ireland in [4] Ibid. c. 22. Hugh de Lacie restored to the Government of Ireland, with Robert of Shrewsbury his Coadjuror. Summer this year, and I find nothing done by them there; in the following Winter Hugh de Lacie was restored to the King's Favour, and having given Security to him, had the Care of that Nation again committed to him, and with him Robert of Shrewsbury a Clerk was joined in Commission by the King, as his Coadjutor and Counsellor, and Witness of his Actions; upon this Resumption of the Government, he built many other Castles for the security of the English Interest. King Henry, as he had given [5] Ibid c. 24. A. D. 1182. King Henry gave the Dominion of Ireland to his Son John. the Dominion of Ireland to his Son John, so now he resolved he should go thither, and in the beginning of August sent before him John Cumin an English Monk of Evesham (lately chosen Archbishop of Dublin upon the Death of Laurence) to prepare things against his coming; John Cumin Archbishop of Dublin. at the same time Hugh Lacie was discharged from his Government, Hugh Lacie discharged from his Government of Ireland, and Philip of Worcester sent in his stead. He exacts great Tribute from the Clergy. and Philip of Worcester, in the beginning of September, was with Forty Knights sent in his stead: The first thing he did, was to seize again the Lands Hugh Lacie had aliened and sold away to the King's use; in the beginning of March he went to Ardmagh with a great Army, and exacted and forced from the Clergy a great Tribute of Gold, and from thence marched to Down, and so returned with the Tribute to Dublin. As he had determined, King Henry having prepared all things for his Voyage, [6] Hoveden f. 359. a. n. 20. 50 A D. 1185. Girald. ut supra, c. 31. John, King Henry's Son, goes into Ireland. sent his Son John into Ireland. Ranulph Glanvill Principal Counsellor of the King and Kingdom, and Justiciary of England, conducted him to his very Ship, which he entrd in Milford Haven on Wednesday in Easter week in the Evening, and arrived with the rest of the Fleet at Waterford next day about Noon, with 400 Knights or men at Arms, and many other ordinary Horsemen and Archers. Many Clerks were sent with him, and amongst the rest * The Author of the Conquest of Ireland. Giraldus Cambrensis was by his Father appointed his chief Director and Tutor. At the very first coming of John the King's Son, there met him at Waterford [7] Ibid. c. 35. f. 807. n. 40. The Irish came to compliment John, they are despised by his Followers. all the considerable Irish of those Parts, who had been faithful to the English, and lived peaceably under them, who were derided and despised by the New men and Normans that came over with him. The Irish wore long and great Beards, with which these light young men played many tricks, and abused them otherwise. These men got themselves out of Town and repaired to their own homes, from whence they departed with their Families and all they had, They fly to the Kings of Limeric, Connaught, and Cork, and make their Complaints to them. some to the King of Limeric, others to the King of Cork, and some to Roderic King of Connaught; To these they declared how they had 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. etc. 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 join 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 Misdemeanours [9] Ibid. n. 50. King Henry removed the young men from the Affairs of Ireland, and puts in experienced 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 Governor of Ireland, who with the Army scoured 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 than 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 King's Son; They were great Talkers, Giraldus Cambrensis his Character of the Normans in Ireland. The first Subduers of Ireland discontented. John the King's 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, sat 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 completely 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 Romantic, 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 Quibbling, Convertible, and Gingling Latin, which was the Eloquence of those times. I have as it were Epitomised 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 Fight with the English; and how they were confounded and amazed at the Arms, charging, and management of the Horsemen, 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 King's 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 Peacock's 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 urban 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 Peacock's Feathers interwoven with Gold. There is nothing more to be found of this Hugh de Lacie, but his [4] Annal. ●ibe●n. A. D 1186. Hugh de Lacie his strange Death. Death, which the Annals of Ireland tell us happened in this manner; when he was very busy 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 show them how they were to work with them, and while he took a Pickax out of the hand of one of them to show him the use of it, and striking with it, held it in both his hands, His Head was cut off by an Irish labourer. and stooped inclining his head, the man chopped 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. Hibe●n. Expugn. c. 34. f. 807. n. 20. one among the rest, where he saith thus. De Hugonis de Lacie 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 Christmas, [8] Hoveden f. 361. b n. 40. Two Cardinals sent by the Pope to Crown John King of Ireland. His Coronation deferred by his Father. He was only Lord of Ireland. Pope Vrban sent into England Octavian Sub-Deacon Cardinal, and Hugh de Nunant (afterward Bishop of Coventry) his Legates, with power to pass into Ireland, and Crown John the Kings Son. But his Father deferred the Coronation, and carried the Legates into Normandy, to a Conference between him and Philip King of France. So that not being Crowned, John contented himself with the Title of Lord of Ireland ever after. Besides the Title of Conquest, King Henry's [9] Girald. Cambr. lib. 2. c. 32. f. 806. n. 20. Henry the Second his Title to Ireland. Title of mere Right was, That Richard Earl Strongbow who married Eva the Daughter and Heir of Dermot Mac Murchard King of Leinster, granted all his Right and Title to him; and the rest of the Princes in a short time after, voluntarily subjected themselves to him, and gave him an irrefragable Title. A Catalogue of many of the Chief Adventurers in the Conquest of Ireland, made out of Giraldus Cambrensis, as it is to be found in Camden's Description of that Kingdom, and in Dr. Hanmer f. 136. Corrected in many places. Half Brothers by the Mother. Ann. Dom. 1170. RObert Fitz-Stephan Maurice Fitz-Gerald David Barry. Hervy de Monte Marisco, Married Nesta Daughter to Maurice Fitz-Girald. William Nott. Maurice de Prendregast. Meyler, Son of Henry Fitz-Henry, who was Son of King Henry 1st. by Nesta Mother to Robert Fitz-Stephan, and Maurice Fitz-Girald. Reymond le Gosse, Nephew to Robert Fitz-Stephan, Married Basilia the Sister of Earl Strongbowe. William Ferrand. Richard Strongbowe, Earl of Stiguil alias Chepstow. Brethren and Nephews to Robert Fitz-Stephan and Maurice Fitz-Girald. Miles Cogan alias Cogham Richard Cogan alias Cogham Henry Second King of England. Ann. Dom▪ 117●. Hugh de Lacy. William Fitz-Adelm. Ralph Abbot of Buldewas in Normandy. Ralph Archdeacon of Landaf. Nicholas the King's Chaplain. Humphrey de Bohun. Robert Fitz-Bernard. Hugh de Gundevilla. Philip de Breusa alias Braosa. William de Breusa alias Braosa. Philip Hastings. Silverster Giraldus, Barry, Cambrensis, Director or Tutor to John the Kings Son. John Redensford. William Fitz-Maurice, Eldest Son to Maurice Fitz-Girald, he Married Alnia the Daughter of Earl Strongbow, Cambren. lib. 2. c. 5. Two other Sons of Maurice Fitz-Girald. Girald Alexander Griffin the Son of William Fitz-Maurice. Brethren. Adam Hereford — Hereford — Purcell. Nicholas Wallingford a Prior, afterward Abbot of Malmsbury. David Welsh Nephew to Reymond le Grosse. Geofry Judas. Reymond Kantitunensis. Reymond Fitz-Hugh. Miles of St. David's. Osbert of Herford alias Haverford West. William Bendeuges. Roger Poer alias Puyer. Adam of Gernemie alias Gernemne. Hugh Tirell. John de Courcy. Almeric, alias Amoric de Sancto Laur●ntio, though not found in Cambrensis. Hugh Cantwell. Redmond Cantimore. Church Affairs in this King's Reign, whereof the chief and greatest, are contained in the Brief, but Clear Account of the Life and Death of Thomas Becket Archbishop of Canterbury. IN the Second year of his Reign, Ann. Dom. 1155. King Henry to the Honour of God and Holy Church, and for the Emendation of his whole Kingdom, Granted and confirmed to God [1] Append. N. 40. King Henry's Grant to Holy Church, and to the Earls, Barons, etc. and Holy Church, and to all Earls, and Barons, and all his men, (omnibus hominibus meis) All the Customs (omnes Consuetudines) which his Grandfather King Henry Gave and Granted to them by his Charter, and abolished all ill Customs; and therefore Willed and firmly Commanded, That Holy Church, and all Earls and Barons, and all his men (or feudataries) should have and hold all those Customs, Donations, Liberties, and free Customs, freely, quietly, wholly, and in peace of him, and his heirs, to them and their heirs, so freely, quietly, and fully in all things, as King Henry his Grandfather gave and granted, and by his Charter confirmed unto them. About the Year 1162. certain 2 Gul. Neubr. lib. 2. c. 13. A. D. 1162. A Sect called Publicans came out of Germany into England. Wand'ring people, called Publicans, came out of Germany into England, which had infested many parts of France, Spain, Germany, and Italy with their Doctrines. They were in number about thirty men and women, who dissembling their Design, came peaceably into the Nation, under the Conduct of one Gerard, who they respected as their Master and Leader. He was somewhat Learned; but the others were unlettered, ignorant, mere Rustics, who spoke the Teutonie Language, and were of that Nation: They had been some time in England, yet Converted one Woman only. Being discovered they were put in Prison: The King not willing to Dismiss or Punish them without Examination, They were Convented before the Bishops. Their Opinions. Convened a Council of Bishops at Oxford, before whom they were Convented touching their Religion, where Gerard undertaking the Cause, and speaking for them all, Answered they were Christians, and had a veneration for the Apostolic Doctrine, and being interrogated concerning the Articles of Faith, they answered rightly as to the Substance of them concerning God; * De Divinis Sacramentis perversa dixerunt, Sacrum Baptisma, Eucharistiam & Conjugium detestantes. but as to the Divine Sacraments they spoke perverse things, Abhorring and Detesting Baptism, the Eucharist, and Marriage, and Derogating from the Unity of the Church: When they were urged with the Testimonies of holy Scripture, they Answered they Believed as they had been Taught, and would not dispute concerning their Faith. Being admonished to return to the Unity of the Church they despised all advice: And being Threatened, they Laughed, that for Fear they should be brought to Repent, saying, Blessed are they that suffer Persecution for Righteousness sake, for theirs is the Kingdom of Heaven. Then [ ] Ibidem. The Bishops pronounce them Heretics. They are delivered to the secular power They are Burnt in the Foreheads, and Whip●. They rejoice at their punishment. the Bishops publicly pronounced them Heretics, and Delivered them over to the Temporal Power to be Corporally punished. The King Commanded they should be Burnt in the Forehead with the Mark of Heretics, and be Whipped out of the City, in the Sight of the people, strictly forbidding every person to give them Lodging or any other Comfort: They Rejoiced at the Execution of the Sentence, and made haste through the City, their Leader singing before them, Blessed shall ye be when men hate you, who was doubly Cauterised in the Forehead and Chin. It was in the Depth of Winter, and they miserably perished, none affording them succour. The Life, Actions, and Behaviour, etc. of Thomas Becket Archbishop of Canterbury. THomas [4] Gul. Fitz-Steph. p. 1. Col. 1. Becket was the Son of Gilbert sometime Sheriff of London. [5] Ibidem. Tho. Becket Educated at Paris. Clerc to the Sheriffs of London. In his Childhood he was taught in his Father's House, and the City Schools; in his Youth he Studied at Paris. Upon his return he was in part received into the care of the Government of the City of London, and was made Clerc to the Sheriffs, and their Procurator, Accountant, or Manager of that Office, in which he behaved himself laudably, and learned the Wisdom of this World, by which afterwards he knew well how to transact the Common affairs of the Church of England, and the public business of the Kingdom, or secular Government. Reversus receptus in partem Sollicitudinis Reipublicae Londinensis, & vicecomitum Clericus & rationalis effectus, jam ibi laudabiliter se habens, didicit prudentiam hujus Lucis. [6] Ib. Col. 2. Qua postmodum probe noverat, Communia Ecclesiae Anglorum, & publica totius Regni egregie & magnificè tractare negotia. He [7] Ibidem. How he was brought to the knowledge of Archbishop Theobald. was brought to the knowledge of Theobald Archbishop of Canterbury, by two Brethren of Bologn, Baldwin Archdeacon, and Master Eustachius, oftentimes his Father's Guests; and of the Retinue and acquaintance of the Archbishop, [8] p. 2. Col 2. By him he was employed to Rome. who sent him several times to Rome upon business concerning the English Church, where he was in great favour with the Popes, and great Officers of the Roman Church. The [9] Ibidem & p. 3. Col. 1. His first Preferment. first Preferment he had, was the Church of St. Mary in the Strand (which stood I think where Somerset House is now built) given him by the Bishop of Worcester; then the Church of Otford given him by the Archbishop. Then he was made Prebend of St. Paul's London, He went to Bononia and Auxerre, and studied Law. and also Prebend of Lincoln. By leave of the Archbishop he passed the Sea, and Studied the Laws one year at Bononia in Italy, and afterwards at Auxerre in France. In process of time the Archbishop ordained him Deacon, and made him Archdeacon of Canterbury, who was then after Bishops and Abbats, the first and best Clergy man in England, the Arch-Deaconry being worth to him, one Hundred Pounds of Silver by the Year. By the [1] Ibidem p. 5. Col. 1. He is made Chancellor His Popularity His Entertainment, and the manner of it. mediation and procurement of the Archbishop and the Bishop of Winchester he was made Chancellor, and proved mightily popular. His [2] House and Table was common to all Indigent persons of whatsoever order coming to Court. There was scarce a day passed, but he Eat with Earls and Barons, which he himself invited; he commanded his Ro●ms of Entertainment should every day be strewed with fresh straw or hey, in Winter; and with fresh Rushes, or green grass or leaves in Summer; That the multitude of Knigts or Military men, the Seats could not receive, might sit down upon a clean floor, lest their fine clothes, and shirts might be Spotted and Sullied with the Dirt or Dust. The [3] Ib. Col. 2. & p. 6. Col. 1. The Kings and Nobleman's Sons Committed to his Education. Great men of England, and Neighbour Kingdoms, sent their Sons to serve him, from whom they received ingenuous Education, and were often Knighted and sent back to their Parents with honour. The King himself placed his Eldest Son with him, and recommended him to his Education, whom with many of the Sons of Noblemen, and their Retinue, their Masters or Tutors, and proper Servants he had always with him, and treated them with all due honour. To him [4] Ib. & Col. 2. & p. 7. Col. 1. Noblemen and Knights without number did Homage, which he received saving their Faith to the King. Cancellario Hamonagium infiniti Nobiles & Milites faciebant, * 'tis Homagium in Quadrilogus. He receives homage of Noblemen, &c His Bounty and Liberality Quos ipse salba side Domini Regis recipiebat. There was scarce a day in which he did not give some large boons, as Horses, Hawks, rich clothes, Gold or Silver utensils, or money. And his Liberality and bounty was such, that he became the love and delight of all Europe, and was most acceptable to the King, Clergy, Military men, and people, Regi Clero, [6] Militia here signifies Tenants in Capite, Earls Barons Knights and other Military men, as it always doth in old Historians. Militiae, populo, erat acceptissimus. Thus he behaved himself in Peace, let us see what he did in War. In the [7] Ib. p. 8. Col 2. His great Retinue. Army and Siege of Tholose, when all England, Normandy, Anjou, Britain, Poicton, and Scotland, furnished out Soldiers to the King, The Chancellor had a chosen number of Seven Hundred Knights of his own Family or Forces. See more of this matter in the Reign of this King, f. 302. E. After [8] Ib. p. 10. Col. 1. & Col. 2. He is made Archbishop of Canterbury. A. D. 1162. The See of London was then void. Gervas'. Dor. Col. 1669. n. 20. the Death of Theobald, the King being confident, he would serve and obey him, according to his will and pleasure, as when he was Chancellor, resolved to prefer him to the Archbishopric. To which he was unanimously chosen by the Suffragans of his Province, and in the year of our Lord 1162. in the Octaves of Pentecost, on the Feast Day of holy Trinity in the Metropolitan Church, in the presence of all the Suffragan Bishops was presented to the Church of Canterbury, by Henry Son and Heir of King Hen. 2d. and by Richard de Luci and other great men of England, on behalf of the King then beyond Sea, and was ordained by Henry Bishop of Winchester, and Pope Alexander the 3d. sent him a pall by his Clerc or Chaplain John of Salisbury afterwards Bishop of Chartres in France, and well known by the name of Ivo Carnotensis. Hoveden says, King Henry gave him the Archbishopric. [9] f. 282. a. n. 20. Anno ab incarnatione Domini 1162. Hen. Rex dedit Tho. Cancellario Archiepiscopatum Cantuariae; That is named him, or gave him a Congee Destire. After he was consecrated [1] Ib. & p. 11, 12, 13. After his Consecration he changed his manner of living, and proved Disobedient to the King. Archbishop he became another man, put on a severe and rigid Monk's Habit, lived an austere life, and altered, chose, and ordered his family accordingly; and contrary to the King's hope and expectation, he withdrew himself from the King's obedience and service, and contradicted him in many things. [2] Ib. p. 14. Col. 1. Postquam Rex Archiepiscopum fecerat, a suo se retraxit obsequio, & in pluribus contradixit. Some [3] Ibidem. The King's mind alienated from the Arch Bishop. Court Clercs and Bishops about the King who fearing the Titles of their Preferments, and the Arch-Bishops power, persuaded him that if it should go on, his power must come to nothing, and unless he provided for the security of himself and Heirs, he should at any time be King, whom the Clergy would choose, and he should Reign as long as the Archbishop pleased. [4] Ib. Col. 2. This saith mine Author was the first cause of the King's displeasure against him. It [5] Ibidem. The King's displeasure against him The Military men Dissatisfied at the Arch-Bishops proceeding against the Earl of Clare. heightened the anger of the King, and Military men of the Kingdom (or Government) That he designed to recover the Castle of Tonebrigge from the Earl of Clare, and that whole honour long ago aliened from the Church of Canterbury, because according to the Decretals, it was lawful for his Predecessors and the Stewards so to manage the farms of the Church, as to increase them; not to lessen or alienate them. To this Earl of Clare almost all the Nobility of England were allied. The [6] Ibid. p. 15 Col. 1. The Archbishop pretends to a right of presentation, to all live, in all Towns possessed by his great Tenants and Monks. He Excommunicates William de Eynsford a Tenant in Capite, and Absolves him to please the King. Archbishop had, or challenged a right to present to the vacant Churches in the Towns as well of his Barons, as his Monks, and gave the Church of Eynesford in Kent to one Laurence a Priest. The Lord of the Town William de Eynesford molested the Servants of Laurence, and forced them out of the Town. The Archbishop Excommunicated him; he applies himself to the King, who writes to the Archbishop to Absolve him; whose answer to the King was, That it belonged not to him to command any man to be excommunicated or absolved. The King insisted upon his Royal Dignity or Prerogative, That no Tenent in Capite ought to be Excommunicated without his Knowledge or Consent; At length the Archbishop to please the King Absolved him: from henceforward the King had no kindness for him, though before he had obtained of him liberty to enjoy the whole Dignity of his Church, and that he might seek to recover all the Lands which had been aliened by his Predecessors, or were possessed by Laymen. The Insolence and wickedness of Clercs. Long before this the King had been angry with the Clergy, in the time of Archbishop Theobald, having been provoked with the insolency of some of them, who had committed Rapine, Theft, and Murder. [7] Ib. Col. 2. Guilty of great Crimes. For this reason the King demanded of the Archbishop, That by the Consent of him and his * Coepiscoporum. The King would have ●hem tried in his secular Court. Fellow-Bishops, such Clercs as were taken in, convicted of, or had confessed any great crime, should first be degraded, and forthwith delivered to his Court, That they might be corporally punished, and not have any protection from the Church. [ ] Ib. p. 16. Col. 1. He demanded also, That when any Clerc was degraded, some of his Officers might be present to take him into Custody, that he might not fly and escape that punishment. The [9] Ibidem. The Archbishop calls together the Bishops. They were of opinion Clercs were to be Degraded, and Delivered to the secular Court. Archbishop when he could not obtain leave to defer his Answer until next morning, went apart with the Bishops, and discoursed the matter. The Bishops were of opinion, that according to the secular Law, Clercs were to be degraded, and delivered to the Secular Court, to be corporally punished, which they proved not only by Laws, but authentic Examples. But he [1] Ibidem. The Archbishop says it was against the Canons, and Cautions them about the Liberty of the Church. following the Canons, thought otherwise, asserting it was unjust, against the Canons and against God, that any man should be twice punished by two several Courts. And added that they ought to be very careful that they destroyed not the liberty of the Church, by their own Consent; for which by example of their High Priest, they were by Duty bound to contend unto Death. [2] Ib. Col. 2. & p. 17. Col. 1 The Bishops replied, that if they consented to what the King demanded, the Church was in no danger, and that they ought to yield to the wickedness of the time, (as they called it) lest the King should seize all their Temporalties. The Archbishop persisted in his opinion, and told them they might not expose any man to death, That could not be present at a sentence of Blood. The King [3] Ib. Col. 2. not like to prevail in this, asked them, if they would observe his Royal Customs or Laws. The Archbishop answered in all things. [4] Salvo tamen per omnia & in omnibus ordine nostro. The Archbishop and Bishops answer to the King about keeping his Royal Customs. Saving their Order, by and in all things. Afterward he asked the same thing of every Bishop in order, and they all gave him the same Answer. At which the King was much troubled, and left them. The Bishop's fearful of the King's Anger, followed him, and consented to acknowledge his Laws without any [5] Ib▪ p. 18. Col. 1. saving, but the Archbishop was immovable, and said; far be it from him, That for the fear or favour of any Mortalman, he should be found to contemn God. [6] Ib. Col. 2. The Case between a Burgess of Scarburgh and a Dean. If an Angel should come from Heaven, and give him advice to make such an absolute acknowledgement, he would curse him. When the [7] Richard de Lucy was then Justiciary of England. Satisfaction Demanded for Breach of the Kings Law. King on a certain time was at York, a Burgess of Scarburgh complained to him of a Dean (a rural Dean) that had taken from him 12 s. and enjoined his Wife penance as an Adulteress without proof, contrary to the Kings Law. The Dean was Convented before the King, the Archbishop, the Bishops of Lincoln and Durham, and John Treasurer of York, who not being able to clear himself, the King's Barons were joined to the Bishops to pronounce sentence upon him. John the Treasurer thought it sufficient if he restored the Burgess his money again, and was left to his own Bishop's mercy, whether he should keep his Office or not. [7] Richard de Lucy was then Justiciary of England. Satisfaction Demanded for Breach of the Kings Law. Richard de Luci asked what satisfaction the King should have for the Breach of his Law, John answered, nothing, because he was a Clerc, whereupon he refused to be present at the Passing of the Sentence, and went out with the other Barons to the King, who appealed from this sentence, but being called beyond Sea, upon extraordinary business, did not prosecute the Appeal. The The Insolency and Crimes of Clercs. Justice's Itinerant being at Dunstable, there happened a Controversy between Simon Fitz-Peter, and Philip de Broc Canon of Bedford. Simon informed the King that Broc in a great audience had spoken dishonourably of him. The King accused him before the Archbishop, and not being able to deny it, excused himself, that it was done in passion. The King demanded judgement against him. The Clergy judge him to lose the Benefit of his Prebend for a year, and Banishment out of England for that time, but this satisfied not the King. Fornication and Murder. For which the Arch Bishop. would not permit Trial in the King's Court. There was a Clerc in Worcestershire that had corrupted an honest man's Daughter, and afterwards killed her Father, This man the King would have tried in his Secular Court, Archbishop Thomas would not permit it, but caused him to be kept in the Prison of the Bishop of the Diocese, lest he should be delivered to the King's Justices. Another Clerc Stole a Silver Chalice out of a Church in London called St. Mary's in the Market. Sacrilege. This man the King would have tried in his Secular Court, The Archbishop caused him to be tried in the Ecclesiastical Court, where he was Sentenced to be degraded, and to appease the King, to be branded in the face with an hot Iron. The King resolving to have the Clercs severely punished for these and the like Crimes, [1] Hoved. f. 282. a. n. 40. Gervas' Dorob. Col. 1385. n. 60. Fitz-Steph. p. 20. Col. 1. A. D. 1164. A General Council at Clarendon. and to assert the Rights of his Crown, called a general Council at Clarendon about the Feast of St. Hilary, in which he propounded to the Bishops and Secular Barons, many ancient and Royal [2] See Append. n. 41. The Archbishop and Bishops do consent to, and own the King's ancient Laws. Customs, Laws, and Usages, which he would have the Bishops own, and recognize as the rights of his Crown. The Bishops were willing, but the Archbishop would not consent. The King sent to him the Earls of Cornwall and Leicester to incline him to acknowledge them, but they could no ways prevail. At last two Templars Robert de Hastings, and Hosteus de Bolonia, went to him, and by throwing themselves at his feet, with many Tears and great Lamentation, overcame him, so as he promised without fraud, or any Reservation or Saving, really to receive and submit to the King's Laws which he called Ancient. Fitz-Stephan [3] p. 20. Col. 2. says that the two last Messengers, with Tears laid before him the danger he was in, and what the ill consequences of his standing out would be for fear of Death, and that he might appease the King; both the Arch-Bishops and all the Bishops, consented to all those Laws and established them with their Seals; The Pope damns them. They were brought from Normandy. and that the King afterward sent them to the Pope to be Confirmed, who not only refused to do that, but Cassated and Damned them. These Laws and Customs King Henry pressed the Bishops to receive, had been received and practised in Normandy, and in all probability brought from thence into England, as appears by an [4] Append. n. 42. Inquisition found by the Nobility of that Nation, which declares the Rights of the King over Churches and Ecclesiastical persons there. The Archbishop [5] Fitz-Steph p. 20. Col. 2. The Archbishop reputes he acknowledged the King's Royal Customs. soon repent of this Act, and severely chastised his own Body, he thought it so heinous, and that it had defiled him so much, as he was not fit to say Mass, or to appear before the Altar; and therefore omitted that service for some Weeks, until by his Confession and Penance he thought he deserved the Pope's Absolution, which he [6] Append. n. 42. obtained without Difficulty. But considering what danger he was in, [7.] Fitz Steph ut supra. And twice attempts to make his Escape. prepared to leave England, to avoid the King's Anger, and at Rumsey a Town of his own, he twice put to Sea, but either had no wind, or a contrary one, and was forced to come again on Shore, and [8] Gervas'. Dorobern. Col. 1389, n. 10. went from thence in the night to Canterbury; the news whereof the King received with great joy, fearing that if he had got beyond Sea, he would have put his whole Province under an Interdict. The King suspecting he might [9] Ibid. n. 30. The great Council at Northampton. Escape unpunished, Commanded the Bishops and great men to meet at Northampton, the third day before the Feast of Calixtus the Pope (which was the 12th of October) Fitz-Stephan [1] p. 21. Col. 1. says it was on the Octaves of St. Michael, that is, on the 6th of October, and that he was there with the Archbishop, Octava Sancti Michaelis, feria tertia, Concilii dicta die Rex aderat; Ipsa die venimus Northamtonam. In this Council the Archbishop [2] Ibid. C. 2. The Controversy between the Archbishop and John the Marshal. Who complains he could not have right in the Arch-Bishops Court. was accused upon the occasion of a Controversy between him and John Martial (or the Marshal.) This John demanded of the Archbishop a Manner or Farm, which was a member of one of his Towns called Pageham: He came with the Kings Writ into the Arch-Bishops Court (to remove the Suit, it may be supposed) where he could gain nothing, (as having no right saith mine Author) and as the Law then was, he proved the Defect of the Arch-Bishops Court (that he had not right done him, as may be supposed) and Swore upon a Tropaz or Book of Old Songs (as Gervase of [3] ut supra, n. 40. Canterbury calls it) which he drew from under his Coat, and the Justices of the Arch-Bishops Court accused him for Swearing upon that Book, whereas he ought to have Sworn upon the Gospels. John comes to the King, and procures his Writ, by which the Archbishop [4] Fitz-Steph p. 21 Col. 2. and Cites him into the King's Court. He delays to appear. was required to answer him in the King's Court, and the day appointed for his appearance was Holy-rood Day, or the fourteenth of September. The Archbishop came not at the Day, but sent to the King four Knights, with his Letters, and the Letter of the Sheriff of Kent, attesting the Injury of John, and the Imperfection of his proof (that is, because he had Sworn upon the Tropaz, and not upon the Gospels.) The Monk of Canterbury [5] Vt supra. And excuseth himself by reason of sickness. reports he sent, duos legales homines per quos excusatus est, Quod citatus non venit ad Regis praesentiam; non enim Contemptus fuit, sed infirmitate valida invitus retentus est. Two lawful men to make his Excuse that he appeared not before the King, that it was not out of Contempt, but by reason he was unwillingly detained by great Sickness. However it was, The King was very Angry, that [6] Fitz-Steph ut supra, & p. 22. Col. 1. The King Angry because he came not in person. he came not in his own person, to make the Allegations the Knights brought, whom he treated with Threats, as such that against the King's Citation, brought into his Court false and frivolous Excuses, and scarce let them go free though they had given security. At the [7] Ibidem. The Archbishop is cited by the Sheriff of Kent, and appears in the King's Court. Request of John he appointed another day, (to wit) the first day of the Council, and sent his Writ to the Sheriff of Kent to Cite the Archbishop, for the King would not write to him, because he would not salute him. Nor had he any other Solemn Summons to the Council by Letter, according to ancient Custom. [8] Ibid. The Archbishop appeared, and said he was come by the King's Command for the cause of John. The King replied that John was in his service at London, and would be there on the Morrow, and then their cause should be discussed. [9] Ibidem. Erat siquidem Johannes ille cum Thesauriis, & caeteris fiscalibus pecuniae & publici aeris Receptoribus Londoniis ad Scaccarium &. Vbi etiam placita Coronae Regis Tractantur; for this John was amongst the Officers of the Receipt of the Chequer in London, where also pleas of the King's Crown were handled or holden. That first day there was nothing more done between the King and Archbishop, the King bade him go home, and return to his cause on the Morrow. On the Second [1] Ib. Col. 2. day before all the Bishops, except the Bishop of Rochester and another which were not then come, and all the Earls and Barons of England, and many of Normandy, Archiepiscopus less Majestatis, Coronae Regiae arguitur. The Archbishop was accused of Treason, because as is said before, he was cited by the King in the cause of John, and neither came, nor made a sufficient Excuse. The Arch-Bishops defence signified nothing; yet he Alleged the foresaid Injury of John, the proper Jurisdiction of the Cause, and the Integrity of his Court. The King [2] Ibidem. The King demands Judgement. Demanded judgement; no Reason of the Archbishop was approved: It seemed to all, out of Reverence to Royal Majesty, and the Bond of Liege Homage, that the Archbishop made to the King, and from the Fidelity and Observance of Terrene Honour, which he had Sworn to the King, That he made smade small Defence; because when cited by the King he neither came, nor by his Messengers alleged any Corporal infirmity, He is Condemned in the forfeiture of all his moveables. or necessary administration of any Ecclesiastical Office, that could not be deferred. And they Condemned him, to be in the King's Mercy for all his Movable Goods. There was a Difference [3] Ib. & p. 23. Col. 1. Difference between the Bishops and temporal Barons in pronouncing Judgement. between the Bishops and Barons, who should pronounce Judgement, each of them imposed it upon other, excusing themselves. The Barons said, you Bishops ought to pronounce sentence, it belongs not to us, we are Laymen, you Ecclesiastical persons. So he, you are his fellow-Priests, and Fellow-Bishops. To these things [4] Ibidem. one of the Bishops Answered, yea it's rather your Office than ours; for this is not an Ecclesiastic Sentence, but a Secular, we sit not here as Bishops, but Barons, we are Barons, and you are Barons; we are Peers or aequals here, (pares hic sumus.) You cannot rely upon our Order, for if you have respect to that in us, you must also have Regard to it in him, and then as we are Bishops, we cannot Judge our Archbishop and Lord. The King [5] Ibidem. The Bishop of Winchester pronounced sentence. hearing of this controversy about pronouncing Sentence: it was soon ended, and imposed upon the B●shop of Winchester, who unwillingly pronounced it. Archiepiscopus autem quia sententiae, vel Recordationi Curiae Regis Angliae non licet contradicere, sustinuit, Censilio Episcoporum: Addacta ad mitigandum & honorandum Regem solenni in manum ejus missione, quasi Concessionis Judicii, ut Moris est. The Archbishop, because no man might contradict a sentence, or Record made in the King of England's Court, by advice of the Bishops, submitted to it, and by a forced compliance, for the honour and mitigation of the King, solemnly put himself under his power, as it were Granting and acknowledging the Judgement, as the Custom was. Afterwards on the same day he was prosecuted [6] Ibid. & Col. 2. The Archbishop prosecuted for 300 l. for three hundred pounds he had received, as he was Castellan, or Constable of the Castles of Eye in Suffolk, and Berkamstead in Hertfordshire. The Archbishop first waved the Action, by saying he was not cited for that matter. And further said, That he had expended that money, and much more in the Reparations of the Palace of London, and those Castles, as might be seen. The King would not admit he had done this, He gives security for it. and Exacts Judgement. The Archbishop ready to please the King, and not willing such a sum of Money should be the Cause of Anger between them; gave security by three Laymen, distinctly and severally, the Earl of Gloucester, William de Eynesford, and another, all his Tenants. On the third day [7] Ib. & p. 24. Col. 1. He is prosecuted for a 1000 marks more and several other moneys he received when Chancellor. He Consults the Bishops about this matter. he was prosecuted at the King's Suit for five hundred marks lent him in the Army of Tholose; and for other five hundred, which he borrowed of a Jew upon the King's security, he was also prosecuted for all the profits of the Archbishopric and other Bishoprics and Abbeys that were void during his Chancellorship: of all which he was commanded to make an Account to the King. The Archbishop said he came not prepared to Answer this matter, nor was he cited concerning it, yet in time and place he would do to his Lord the King according to right. The King exacts security upon that; he answered he ought to have the advice of his Suffragans and Clercs about it. The King yielded to it, and he departed. And from that day, neither Barons, nor Knights, came to his House or Hostel, to visit him, having understood the King's mind by these proceed. On the fourth day [8] Ibid. & Col. 2. p. 25. Col. 1. They advise a Compliance. all the Ecclesiastical persons came to the Arch-Bishops House, where he treated with the Bishops severally and apart, and with the Abbats severally and apart. The Bishop of Winchester advised him to offer a Composition in Money, and try the King that way, 2000 Marks were offered but refused. Others encouraged him to maintain bravely the Liberties of the Church, but most persuaded a Compliance with the King. 'Tis [9] Ib. & Col. 2. said they consulted very closely on the fifth day, which was Sunday, but the Result of their Debates and Counsels not mentioned. On the sixth Day the Archbishop fell Sick, and the King hearing of it, sent all his Earls, and many Barons, to Demand of him his Resolution after these Consultations and Advices, and to know of him whether he would give Security to render an Account of what he received from the vacant Churches in the Time of his Chancellorship, The King demands security, and that he would stand to the Judgement of his Court. and stand to the Judgement of his Court in that matter. The Archbishop answered by the Bishops, That if he was not hindered by Sickness, he would on the Morrow come to the Court, and do what he ought. He came [1] Ib. & p. 26. Col. 1.2. p. 27. Col. 1.2. He comes to Court, and sits in an outward Room, while the other Bishop's Earls and Barons are admitted to the King's presence. next day, and found the King in an inward Chamber with the Bishops, who stayed with him a long time, and with them Roger Archbishop of York, who came last, that he might not be suspected to be one of the King's private Counsellors, and Advisers. The Archbishop sat in an outward Room with his Cross in his own hand, while all his Suffragans, and the Earls and Barons were called to the King. The [2] Ib. p. 27. Col. 2. p. 28. Col. 1.2. The Bishops tell the King, he disliked the Judgement and had Appealed to the Pope. Bishops in this Conference told the King, that the Archbishop when he advised with them, told them, they had used him very ill, and with the Barons treated him as an Enemy, and not judged him justly, but after an unheard of manner, because for one absence (pro una absentia, quam supersisam dicunt) which they call a Delay or Default, and was not to be judged a Contumacy, they ought not to have Condemned him in such a pecuniary mulct as that he should forfeit all his movable goods to the King, or they should be in his Mercy. The Bishops also told him that he had appealed to the Pope against this Sentence, and by the Authority of the Pope forbidden them for the future to Judge him in any Secular Accusation. The King was very much [3] Ibid. The King much moved at his Appeal. moved at this Relation, and sent the Earls and many Barons, to know of him whether he was the Author of this Appeal, and prohibition, especially seeing he was his Leigeman, and bound to him by a Common and special Oath at Clarendon, That he would sincerely and Legally observe his Legal Dignity's, amongst which this was one, That the Bishops should be present at all his Trials or Sentences, except, at Sentences of Blood. Vt Episcopi, omnibus ejus assint judiciis, preterquam judicio Sanguinis. They [4] Ibid. He is required to give pleges to stand to the order of the King's Court. were also to know of him whether he would give Pleges to stand to the Judgement of the King's Court concerning the Account of his Chancellorship. To which [5] Ib. & p. 29. Col. 1.2. The Arch-Bishops Answer to the Information of the Bishops. Demands, this was his Answer, That he was indeed bound to the King by Leige-Homage, Fidelity, and Oath, but the Oath was Chief Sacerdotal; That in Respect of God, he was in all Due Obedience and Subjection, obliged to observe honour and Fidelity toward him. Saving his Obedience to God, his Ecclesiastical Dignity, and the Episcopal Honour of his person. That he Declined the Suit, because he was not cited to yield an Account upon any other Cause, than that of John; neither was he bound to make Answer, or hear Judgement in any other. He confessed he had received many Administrations and Dignities from the King, in which he had faithfully served him, as well in England, as beyond Sea, and had spent his own Revenue in his Service, and for the same contracted many Debts. [6] Ib. & p. 30. Col. 1. As to his putting in Pleges or Fidejussors to render an Account, he ought not to be compelled to that, because he was not adjudged to do it; nor had he any Citation in the cause of Account, or any other except that of John the Marshal. And as to the Prohibition he that day made to the Bishops, and Appeal, he did acknowledge, That he said to his fellow-Bishops, That for one Absence, but not Contumacy, they had unjustly condemned him, contrary to the Custom and Example of Antiquity, He Appeals and puts his Church and person under the Protection of the Pope. wherefore he Appealed and forbade them, That depending the Appeal, they should not Judge him in a Secular accusation, or cause of things done, before he was Archbishop. And that he did then Appeal, and put his Person and the Church of Canterbury under the Protection of God, and the Lord the Pope. The King [7] Ib. & C. 2. The Bishops fear the Arch-Bishops Prohibition. having received this Answer, urged the Bishops, by the Homage they had done, and the Fealty they had Sworn to him, that together with the Barons, They would Dictate to him a Sentence concerning the Archbishop, Vt simul cum Baronibus de Archiepiscopo sibi dictent Sententiam. They began to excuse themselves by reason of his Prohibition; the King was not satisfied, and said this his simple Prohibition ought not to hold against what was done and Sworn at Clarendon. They reply, if they should not obey his Prohibition, he would Censure them, and that for the Good of the King and Kingdom, they should obey the Prohibition. At length by the King's persuasion they went to the Archbishop. And the Bishop of Chichester [8] Ib. & p. 31. Col. 1. The Bishop of Chichester puts him in mind what they promised at Clarendon, and by his command. In the word of Truth, in good faith, and without Deceit Lawfully. told him that lately at Clarendon, they were by the King called together, concerning the Observation of his Royal Dignities, and lest they might doubt what they were, he shown them those very Royal Customs of which he spoke in Writing, and that they promised their assent to, and Observation of them. He first, and afterwards his Suffragans, by his Command. And when the King pressed them, to Swear to what they promised, and set to their Seals for the Confirmation of it, They answered, it ought to suffice for a Sacerdotal Oath, That they said in the Word of Truth, in good Faith, without Deceit, and Lawfully, they would observe them. Why do you now forbidden us to be present at that Sentence, which he Commands us? Upon this Grievance, and lest you may add any thing to our injury, we will Appeal to the Pope, and for this time give obedience to your Prohibition. The Archbishop Answered him he would be present at the Prosecution of the Appeal [9] Ibidem. Col. 2. He answers those words, Oblige not against the true faith of the Church and the Laws of God. and that there was nothing done at Clarendon by them or him, (nisi salvo honore Ecclesiastico) in which, their Ecclesiastic honour was not saved. 'Twas true he said, that they promised, in good faith, without Deceit, and lawfully, to observe those Determinations, and by those words, the Dignities of their Churches, which they received by the Pontificial Law were safe. For whatsoever was against the true faith of the Church, and against the Laws of God, could not in bona fide, & legitime observari; in good faith, and Lawfully be observed. Also a Christian King hath no Dignity, by the use whereof the Liberty of the Church, which he hath Sworn to maintain, must Perish. Further those which you call Royal Dignities, were sent to the Pope to be confirmed, and brought back, rather disallowed than allowed by him: he hath shown us an Example, and taught us that we should do so, being ready with the Roman Church, to Receive what that Receives, and to Refuse what that Refuseth. Yet further, if we failed in any thing at Clarendon, for the flesh is weak, we ought to take Courage, and by the virtue of the holy Spirit to strive against the old Enemy, who Endeavours, that he which stands may fall, and that he which hath fallen, may not Rise. If we promised any injust things there, or confirmed them in the Word of Truth, you Know, such unlawful stipulations do not oblige. The Bishops' [1] Ib. & p. 32. Col 1. The King Excusing the Bishops, exacts Judgement from the Earls and Barons against the Archbishop. Certain Sheriffs and Barons of a Second Rank were added to them. return to the King in Peace, being Excused from Judging the Archbishop; they sit apart from the Barons; Nevertheless, The King Exacts Judgement of the Earls and Barons, Concerning him. Evocantur quidam Vicecomites, & Secundae Dignitatis Barones, antiqui Di●rum, ut addantureiss, & assint Judicio. Certain Sheriffs are called, and ancient Barons of a Second Rank or Dignity, to be added to them, and to sit in Judgement, after a little while, Proceres ad Archiepiscopum redeunt. The Noble men return to the Archbishop, and the Earl of Leicester pressing some of them to pronounce sentence, who refused it; began to repeat the Business of Clarendon very particularly, as the Bishop of Chichester had done before. Quasi inde manifesta Erat Regiae Majestatis laesio, & promissionis in verbo veritatis ibi sactae transgressio, as if he had been Guilty of manifest Treason, or had broken his promise in verbo veritatis there made, and bad the Archbishop hear his Sentence. But the Archbishop [2] Ib. & Col. 2. 〈◊〉 1▪ He refuseth to hear their Judgement. And went to the Monastery of St. Andrew. not willing to forbear any longer, said, What is it that ye will do? Come ye to Judge me? ye ought not. Judicium est sententia lata post Contraversiam, Ego hodie nichil dixi ut in Causa. Judgement is Sentence given after the Controversy or Trial. I said nothing this day as to the Cause. I have been Cited for no Cause Except that of John, who Tried it not with me, and therefore you cannot Judge me. I am your father, ye are Noblemen of the Court, of Lay power, Secular persons, I will not hear your Judgement. The Noblemen retired, and the Archbishop went his way to the Monastery of St. Andrews in Northampton, and Herbert and William Fitz-Stephan with him. The King hearing [3] Ib. p. 33. Col. 1. The King caused Proclamation to be made none should revile or hurt him. of his Departure, caused Proclamation to be made in the Streets, That no man should give him, or any of his Retinue ill Language, or molest them any ways. After Supper that Night, he sent three Bishops, to ask Licence and safe Conduct from the King for his Departure, who told them they should have his Answer in the morning; but he fearing some ill from that Delay, dare not stay. This was the Seventh day of his appearing in Court, [4] Ib. Col. 2. & p. 34. Col. 1. The King and Council Consult what to do after the Arch-Bishops departure. The Archbishop of York and four Bishops sent to the Pope. and that night, he went away without Licence, only accompanied with two Servants, without either Clerc or Knight. On the Morrow, when his flight was known to the King and all the Council, they considered what was needful to be done, and the Archbishop was permitted to enjoy all the revenues of the Church of Canturbury, because both sides had appealed. The King sent presently beyond Sea to the Pope, the Archbishop of York, and four Bishops, Gilbert of London, Hilary of Chichester, Bartholomew of Excester, Roger of Worcester, and two Earls, and two Barons with three of his Domestic Clercs. The rest of that day was spent about Raising some foot to be sent against Rese King of Wales, and there was a certain number promised by every Ecclesiastic, and lay person, for the King's assistance which was written down; and so the Council was Dissolved. The [5] Ibidem The Archbishop lands at Gravelling. King sent after him to Dover and other Ports, but he lay still in the Day time amongst his friends in several Monasteries, and travelled in the night, and it was from fifteen days after the Feast of St. Michael, until the Second of November before he took Ship at Sandwich (say most of the Historians) and Landed at Gravelling. Quadrilogus of the Quadripartite History doth not in all things agree with this Relation of Thomas the Arch-Bishops Trial. And the Reasons of the Discord between the King and him. The chief whereof was; [6] Lib. 1. c. 22. The chief cause of the Difference between the King and Archbishop. That several Lewd irregular Clercs were accused of divers Crimes, and one of Murder in the Diocese of Salisbury, who was taken and Delivered to the Bishop thereof, the King's Officers, and the Kindred of the Defunct, call for Justice: The Priest denies the fact, which not being proved by his Accusers; he was put upon Canonical purgation, in which he failed. The Bishop of the Diocese, sent to the Archbishop to know the Law in that Case, who commanded he should be Deprived of his Benefice, His opinion and Direction how Criminal Clercs were to be punished and all his Life perform strict penance in a Monastery. And thus all Debauched, Infamous Clercs, by Decree of the Archbishop, confirmed by the Sanction of Canons were to be punished in his Province, and the Punishment to be greater or less according to the quantity of the Crime, the Degree and Order of the person, and the manner and Cause of perpetration. At the [7] Ibid. The King as zealous for the peace of his people, as the Archbishop for the Liberty of the Clergy. same time one Philip de Lydrois a Can●n (of what Church 'tis not said) Reproached the King's justiciary, for which he was not only Exasperated against him, but the whole Clergy. The Archbishop punished this Clerc, by causing him to be whipped with rods, and he was suspended from his Benefice for some years. But this satisfied not the King, who was as Zealous for the Peace of his People, as the Archbishop was for the Liberty of the Clergy, who grew every day more Dissolute all the Kingdom over. For which Cause, the King calls the Archbishop, Bishops and Clergy to London. And [8] Ibid. c. 23. He urgeth the Bishops that Clercs might be tried by the Secular Law for Enormous Crimes. having told them the Cause of their being called together, and urgently pressed, that Clercs taken for, or accused of Enormous Crimes, might be Left to his Officers, and not have the protection of the Church. He most Earnestly required, by Advice of such as had skill in both Laws, That such Clercs might presently be Degraded and * Curiae Tradantur. Delivered to the Court, whence some very learned men by reason of the King's favour did affirm, That they were not to be sent into Exile, or Thrust into a Monastery, by the Canon Law, but rather were to be Delivered to the Court, That is, they were to be punished by Secular Judgement. The [9] Ibid. The Archbishop neither could or would bear it. Archbishop with the Bishops of his Province, having consulted their Learned men, being much concerned for the Liberty of the Clergy, answered to these things, clearly and probably, or perhaps by proof, (luculenter satis & probabiliter Respondent) according to the Canonical Institution of ancient Fathers. And in the End of his Speech with much Devotion, beseeched his Royal Clemency, * Regi●m objecrabat Clementiam, ●esub novo Rege Christo, & sub nova Christi Lege, in novam & peculiarem Domini sortem, contra sanctorum patrum instituta novam per Regnum suum induceret cohertionem, etc. That he would not under a new King Christ, and under a new Law of Christ, Introduce into a new and peculiar Lot of the Lord, contrary to the Decrees of the Ancient Fathers, a new way of Coercion into his own Kingdom, and this he begged for the King's Sake, and the Quiet and Stability of his Kingdom, often humbly inculcating, that he neither Can or would bear it. But the [1] Ibid. c. 24. He requires the Observation of his Laws. King not moved with his importunity, Demanded more earnestly whether he and the Bishops would observe his Royal * Consuetudines sua● Regias The Archbishop and Bishops answer they would observe them, saving their Order. The King angry at their Answer. Laws and Customs, adding that in his Grandfather's time they were observed by the Arch-Bishops, Bishops, Chief men, and privileged persons, and That now they ought not to be set aside. The Archbishop after Consultation with his Brethren, Answered they would observe them, salvo ordine suo, and the Bishops being asked one by one, gave the same answer, only Hilary Bishop of Chichester changed the Phrase, saying, he would observe the King's Customs or Laws, (Bona fide) in good faith; The King was Angry at the Answer, and Reservation of the Archbishop and other Bishops and departed from them. Most of the [2] Ibid. c. 25. The Bishop's desert the Archbishop Bishop's Desert the Archbishop, and he a long time persists in his Denial, notwithstanding all the exhortations of them, and persuasions of the Secular great men; yet at length he came to the King at Oxford, and promised to change those words, (salvo ordine suo) saving his Order, which gave him so much Trouble. Hereupon the King [3.] Ibidem. C. 26. The Council at Clarendon. called the Bishops and great men to Clarendon, where he Exacted the promises of the Archbishop and Bishops, and by the persuasion of the Bishop of Man and Norwich, and two of the greatest Earls of the Nation, and other great persons sent from the King, he promised, bona fide, and in verbo veritatis, in good faith, and in the word of Truth, The Archbishop and Bishops promise Bona fide, and in verbo veritatis to observe the King's Royal Laws. to observe the King's Laws, leaving out the words, salvo ordine suo, and all the Bishops did the like, and then those Royal Customs were drawn up in form, and caused to be written by the great men, and Recognized by them. In this Council [4] Ib. c. 27.28. The King requires the Bishops to put their Seals to their acknowledgement. The Arch Bishop reputes and refuseth, and endeavours to Escape. the King requires the Archbishop and Bishops to confirm their acknowledgement of his Laws, by putting thereunto their Seals: The Archbishop reputes him of his promise, and refuseth to do it, and resolved to go privately unto the Pope, which he attempted, and having been twice at Sea, was both times Driven back. This [5] Ibidem C. 30. Anno Domini 1164. The King Angry at his Endeavour to Escape. attempt much heightened the King's Displeasure against him, and he caused him peremptorily to be Cited, at a certain Day to answer such things as should be objected against him. The King also by a strict Edict * Regni Episcopi Vniversi & Proceres, Ex Edicto Regio Districtissimè Convocantur. The Bishops and great men judge all his Movables to be Confiscated. called together all the Bishops and great men of the Kingdom to meet at Northampton, where the Archbishop appeared not in person, according to his Citation, though he sent his answer and excuse; for which cause, by the Judgement of all those Bishops and great men, all his movables were confiscated. This he said was a new form of Judgement, according to the new Canons, or Laws made at Clarendon, for it was never heard of before, That the Archbishop of Canturbury should be tried in the King's Court for any Cause whatsoever, both in Respect of the Dignity of his Church and person, and that because he was spiritual father of the King, and of all in the Kingdom; but he complained more of his Brethren and Fellow-Bishops, Than he did of the Judgement, or the Lay persons Judging of him, etc. [6] Ibidem. veruntamen multo magis quam de Judicio, vel de proceribus Judicantibus, de Consratribus suis & Coepiscopis Querebatur, Novam formam & ordinem Judiciorum dictos invenisse; ut Archipraesul à suis Suffraganeis, aut Pater à filiis judicetur. The King in the [7] Ibidem. C. 31. 500 l. charged upon the Archbishop. Security given for it. Second day of this Council required five hundred pounds of the Archbishop, which he said he had borrowed of him: The Archbishop affirmed the King gave him the money, which notwithstanding, when he could not prove it, was adjudged against him, and the King Exacted Caution, and the Archbishop making some Delay, it was told him, he must either pay the money or go to Prison. But some men seeing his friends and Suffragans forsake him, voluntarily offered themselves as Sureties for him, and five (not there named) became bound every one, in an hundred pounds. On the [8] C. 34. last day of the Council before he Entered into the Court, the Bishops came to him astonished, and affrighted at the things they had heard, whence * Vndenonaperto propter Enormitatem, sed sub quadam insin●ationis specie artificiose ei suadebans, ut ipse etc. The Bishops persuade him to Compliance. they did not openly for any Enormity, but as it were by way of insinuation artificially persuade him. That he should in all things, even to what belonged to the Archbishopric submit himself to the King's pleasure, if he could so appease his wrath and Indignation. Adding, That unless he did it, he would be accused of Perjury, and Judged as a Traitor, because he had not observed his Oath of Fealty or Fidelity he had Sworn to the King, by which he was bound to maintain his Terrene honour; nor had observed the King's Customs or Laws, to which he had specially bound himself by a new Oath. He was not much dismayed, that the world so frowned on him, but That which was to him most Detestable above all things was, That he Collected from the words of the Bishops, That they were ready to Judge him not only in Civil, but also in Criminal Causes in a Secular Court. * Communiter vobis omnibus in virtute Obedientia Sanctae, sub ordinis vestri periculo hoc inhibeo, ne deinceps itersitis Judicio quo mea persona judicetur. He prohibits the Bishops to Judge him. And therefore he forbade them all, by virtue of holy Obedience, and under peril of their Order, That they for the future should not be present in Court when his person was Judged. And that they might not do it, he appealed to their Mother the Roman Church, the Refuge of all oppressed. But notwithstanding what he said, all the Bishops hastened to the Court except two, London, and Winchester, who privately stayed behind and Comforted him. After this he went into the King's Chamber [9] Ib. C. 35. He goes into the King's Chamber with his Cross Erected. Carrying the Cross himself Erected, expecting the Kings Coming: The Bishops Dissuaded this, as an undecent posture, and would not, That he should have proceeded after this manner. [1] Ib. Col. 36. The King took notice of it, and by Outcry or Proclamation made by an * vocatis igitur praeconis voce Pontificibus & proceribus universis. The King complains of his Insolency. Herald, called together all the Bishops and great men, to whom he made a great and grievous complaint, That the Archbishop had in Reproach of himself, and the Kingdom or Government, so Entered the Court as a notable Traitor, and so insolently, as no Christian Prince, had ever seen or heard of the like behaviour. All were of the King's opinion, Declaring him always a vain and proud man, and that such Ignominy not only reflected upon the King and Kingdom, but upon themselves also, and said it had Worthily happened to him, The Bishops and great men confess him a Traitor. who had made such a man, the second person in the Kingdom; To whom all were subject and none his equal. Therefore they all Declared him a manifest Traitor, and to be punished accordingly, who had not according to his Oath observed Terrene honour toward his Prince, from whom he had received so many and so great advantages, but rather in this fact, had impressed upon the King and Kingdom, a perpetual mark of Treason, sed potius in hoc facto, & Regi & Regno perpetuam proditionis Macalam impressisset, And to be punished as a perjured person and Traitor. (they are the Author's words) and therefore he ought to be punished as the King's perjured man, and Traitor, and this was the voice of them all, & propterea in eum tanquam in Regis perjurum, & proditorem animadvertendum, & super hoc Clamor omnium invalescebat. The [2] Ibidem. C. 37. The Bishops obtain leave of the King to Consult apart. Bishops by leave from the King Consulted apart, for they were either to incur his indignation, or with the great men in a Criminal Cause, to Condemn their Archbishop, which for the manifest violation of holy Sanctions or Canons, they dare not do. At length the matter was thus patched up by Common Council or Contrivance of the Bishops; That they will Appeal the Archbishop of perjury in the Court of Rome, and bound themselves to the King in the word of Truth, That they would use their utmost Endeavour to Depose him. Having thus obliged themselves to the King, They promise to endeavour to oppose him they all went from him to the Archbishop, and Hilary Bishop of Chichester in the name of the rest, told him, [3] Ibid. That he had been their Archbishop, and then they were bound to obey him. But because he had Sworn fealty to the King, and did Endeavour to destroy his Laws and Customs, especially such as belonged to his Terrene Dignity and honour, therefore they declared him Guilty of perjury, and That for the future they were not to obey a perjured Archbishop. They Appeal to the Pope. And therefore put themselves, and what was theirs under the Pope's protection, and Appealed to his presence, and appointed him a day to answer these matters. The King [4] Ibidem. C. 38. and Chief men, (without the Bishops) sitting in Judgement, Rege cum principibus (pontificibus substractis) sendente pro Tribunali, It was most certainly believed, The Archbishop would have been imprisoned, or somewhat worse have been done to him; for the King and all the great men that were present, judged him perjured and a Traitor. The King and great men judge him perjured and a Traitor. The Earls and Barons go to him, the Earl of Leicester tells him what he must do. And the Earls and Barons and much Company went from the King to the Archbishop, of whom the chiefest person Robert Earl of Leicester, told him, he was to come and answer what was objected against him, as he had promised to do the day before, or he must hear his Sentence; he rising up said, Sentence! yea Son Earl hear you * His obstinate answer to the Earl of Leicester. when the Church of Canturbury was given to me, I asked what manner of person that would make me, and it was answered free and exempt from the Kings Court. Et responsum est, Liberum & quietum ab omni nexu Curiali me redderet. Free therefore and absolute as I am, I will not, nor am I bound to answer to those things from which I am Exempt.. And then added, My Son Earl observe, by how much the Soul is more worthy than the Body, by so much the more I am to obey God than a Terrene Prince. But neither Law nor reason, permits That Children or Sons should Condemn or Judge their Fathers, and therefore I decline the sentence of the King, yourself, and others, as being to be judged under God alone, by the Pope. Vnde Regis et tuum et aliorum judicium decline, sub Deo solo a Domino Papa judicandus. To whose presence I do before you all appeal, putting both the Dignity and Order of the Church of Canturbury, and my own, with all things belonging unto them, under God's protection and his. Nevertheless you my Brethren and fellow-Bishops, because you obey Man rather than God, He Appeals to the Pope. I call you to the Audience and Judgement of the Pope; And as from the Enemies of the Catholic Church, by Authority of the Apostolic See, I retire from hence. And so made his Escape, as hath been before related. But [5.] Hoved. f. 284. a. n. 10.20. A. D. 1165. before he could reach the King of France, Gilbert Foliot Bishop of London, and William Earl of Arundel had been with him, ●o prohibit him from receiving the Archbishop of Canturbury into his Kingdom, and to prevail with him to send to the Pope, The King sent the Bishop of London and Earl of Arundel to the King of France not to receive him. That out of kindness to him he would not receive him into his favour. But by how much the more the King of England's Messengers laboured that the Archbishop might be expelled France, by so much the more the King of France cherished his cause, and besides sent Francis his Almoner to Pope Alexander then in France, * Mandans ei ut sicut honorem. Requesting or Requiring him, That as he loved the Honour of the Roman Church, and the Advantage of the Kingdom of France, so in all things he should maintain Thomas Archbishop of Canturbury and his cause against the Tyrant of England, and from that time forward the Pope received him into great favour. In the mean time 6 ibid. & n. 30.40. He sends also to the Pope to no purpose. King Henry sent to the Pope, Roger Archbishop of York, Henry Bishop, of Winchester, Gilbert Bishop of London, Hilary of Chichester, and Bartholomew Bishop of Excester: Wido Rufus, Richard Ivelcester, and John de Oxford Clercs; William Earl of Arundel, Hugh de Gundevile, Bernard of St. Walery, and Henry Fitz-Gerald, who found the Pope at Sens, and spoke many Evil, and false things against the Archbishop, but the Pope believed them not, His messengers Requested him to send two Legates to hear and determine the cause. Knowing they delivered false Testimony against him. They seeing they could not prevail, Requested him to send two Legates into England, to hear the Controversy between the King and Archbishop, and to determine it, according to the Honour of God, and of Holy Church and the Kingdom. * Hoveden reports [1] f. 483. b. n. 20.30. The Arch Bishop charged with 30000 l. that the King sent his Knights to him, and commanded he should come and give a full Account of what he had received when he was Chancellor, and particularly of 30000 pounds of Silver, To whom he answered, That the King Knew well enough, that he had often given an Account of all those things which were demanded of him before he was Elected Archbishop. And That at the time of his Election, Henry the King's Son, all the Barons of the Exchequer, and Richard de Luci, Justiciary of England, had acquitted and discharged him to God and Holy Church from all Receipts and Accounts, and from all Secular Exaction on- behalf of the King, and That he was chosen to his Office Free, and discharged, and therefore would not answer further. He pleads his discharge. [2] ibid. In Electioné mea Henricus filius ejus omnes Barones Scaccarii, & Richardus de Luci Justiciarius Angliae clamaverunt me quietum Deo & Sanctae Ecclesiae de omnibus Receptis & Computationibus, & ab omni exactione Seculari, ex parte Domini Regis, & sic liber & absolutus Electus fui ad hujus officii administrationem, & ideo nolo amplius inde placitare. But the Pope [7] Hoved. 1.284. a. n. 30.40. The Pope would neither send Cardinal nor Legates lest they should be corrupted. would send neither Cardinal nor Legates, Knowing the King of England to be mighty in Word and Deed, and that the Legates might easily be corrupted, as men loving Gold and Silver rather than Justice and Equity; and therefore the King's Envoyes retired from the Pope's Court, and within four days, the Archbishop came thither, and throwing himself at the Pope's Feet, delivered him a [8] See Append. n. 41. The Pope damns the King's Laws. Transcript of the Laws, which the King called Ancient. Which when the Pope had heard read before the Cardinals, Clergy, and People, he for ever damned them, and anathemized all those that kept, or any way favoured them. After these things in the same year King Henry passed into Normandy, making a Grievous and [9] See Append. n. 44. The King puts forth a severe Edict. execrable Edict (so Hoveden) against the Pope and Archbishop; the Contents whereof were these. If [1] Hoved. f. 284. b. lin. 4. any one shall be found bringing Letters, or Mandates of the Pope or Archbishop, containing an Interdict of Christianity (that is, the use of the Service, Sacraments, and Holy Rites) in England, let him be taken, and let speedy Justice be executed upon him as a Traitor to the Kingdom. Also no Clerc, Monk, or other Religious person, may be permitted to pass beyond Sea, or return into England, unless he hath a Passport from the Justices for his Going out, and the King's Letters for his return, and if any one doth otherwise, let him be taken and imprisoned. Also it was forbidden That no man bring any Command or Message from the Pope or Archbishop; whoever doth, let him be taken and detained. Also generally it was forbidden that no man should Appeal to the Pope, or Archbishop, nor for the future should receive any Message or Commands from them, nor hold any Plea by their Order or Command; and if any man did contrary to this prohibion, he was to be taken and detained, or imprisoned. Also the Bishops, Abbats, Priests, Monks, Clercs, or Laymen, that shall comply with or submit to the Sentence of an Interdict, They and their Kindred, shall forthwith be cast out of the Nation, and shall carry nothing with them: Their goods and possessions shall be taken into the King's Hand. Also all Clercs That have Rents and Estates in England, shall be summoned, that they Return to them within three months, and if they do not, their Goods and Possessions shall be seized to the King's use. Also That the Bishops of London and Norwich should be summoned before the King's Justices, to make satisfaction, for that contrary to the Statutes of the Realm, they had interdicted the Lands of Earl * Hugh Bigod Earl of Norwich. Or Hugh Earl of Chester. Hugh, and pronounced Sentence against him. Also That the Peterpences should be gathered, and safely kept. After this, in a Discourse in the Council which the King held at Chinon in Tourain, (as [2] f. 284. b. n. 30. Hoveden seems to have it) or in an Epistle to him, as the Quadripartite [3] lib. 5. History hath it, He tells the King That the Church of God consisted of two orders, Clergy and Laity. [4] Hoved. f. 285. a. n. 10. The Church consists of two Orders, Clergy and Laity. Ecclesia Dei in duobus constat ordinibus, in Clero & populo. Amongst the Clergy, were Apostles, and Apostolic men, The Church consists of two Orders, Clergy and Laity. Bishops and other Governors or Rectors of Churches, to whom the Care and Government of the Church was committed. In Clero sunt Apostoli, & Apostolici viri, Episcopi, etc. [5] Ibidem. amongst the Laity were Kings, Dukes, Earls, and other powers, who transacted Secular affairs, that they might reduce the whole to the peace and unity of the Church. In populo sunt Reges, Deuces, & Comites, etc. And because it was certain that Kings receive their power from the Church, King's receive their power from the Church, according to the Arch-Bishops Doctrine. The state of the Controversy between the King and Archbishop from his own Mouth. and not That from them, but from Christ, therefore he had nothing to do to command Bishops to excommunicate or absolve anyone, To force Cleres into Secular Courts or Judicatures, To judge of Tithes, of Churches, To prohibit Bishops That they handle not, or meddle with transgression or breach of Faith, or Oath (interdicere Episcopis ne tractent de Transgressione fidei, vel juramenti) and many other things which were written after this manner amongst his Customs, which he called ancient. Then after a [6] Ibidem n. 20. Citation of Scripture out of the Prophets, Woe to those that make unjust laws, and writing, writ injustice, That do oppress the Poor in Judgement, and do wrong to the cause of the humble of the people of God, he goes on. ●Let my [7] Ibidem. His Speech or Epistle to the King. Lord, if he pleaseth, hear the Counsel of his faithful one, the admonition of his Bishop, the chastisement of his Father. Have no Familiarity or communion for the future with * That is, Frederic the Emperor, and such as adhaered to Pope Victor, and rejected Alexander. See here fol. 303. A. Schismatics; for 'tis known to the whole world, how devoutly and honourably you received the Pope (meaning Alexander) how you honoured and cherished the Roman Church, how much the Pope and Roman Church loved and honoured your person, and heard you in all things whatever they could, without offence to God; Et in Quibuscunque secundum Deum potuerint, vos Exaudierint. Do not therefore my Lord, if you desire the Health of your Soul, any ways subtract from that Church, what is its own, or oppose it any thing contrary to Justice; Yea, let it have the same Liberty in your Kingdom, which it is known to have in others: Be mindful also of the Profession you made, and laid it written upon the Altar at Westminster, when you were consecrated and anointed King by our Predecessor. That you would preserve to the Church of God, her Liberty, and That you would restore the Church of Canterbury to the same State and Dignity it was in the times of your and our Predecessors▪ Restore wholly to us, The Possessions that belong to that Church, The Towns, Castles, Lands, which you distributed at your pleasure, and all things taken away from Us, our Clercs or Laymen. Permit us freely and in peace to return to our See, And we are ready faithfully and with Respect to serve you as our most Dear Lord and King, In all things we can, Saving the Honour of God, and the Roman Church, and our Order, [8] Ibidem n. 40. Otherwise Know certainly, That you shall feel the Divine severity and vengeance, Et nos vobis tanquam charissimo Domino, et Regi fideliter et devote servire parati sumus, in Quibuscunque poterimus * The same words are in Quadrilogus. lib. 5. Salvo Honore Dei, et Ecclesiae Romanae, et Ordine nostro; * The same words are in Quadrilogus. lib. 5. Alioquin pro ●certo scias, Quod divinam severitatem, et ultionem senties. In an [9] Append. n. 46. Epistle to his Suffragans, He Expostulates with them why they Concurred not with him in opposing the King, and reclaiming him from his perverse purposes, which seemed to him dangerous and intolerable, and gives them notice, That, first having invoked the Grace of the Holy Spirit, he had damned and cassated the writing, He expostulates with his suffragans, why they concurred not with him in opposing the King, etc. He castates and nulls the King's Laws, and Excommunicates all the favourers of them. in which he had published his Customs, or rather (as he calls them) Pravities. And that he had Excommunicated all the observers, exactors, advisers, promoters, and defenders of them, and had absolved all them his suffragans by Gods, and his own Authority from the Observation of them. Also That he had Excommunicated john of Oxford, afterward Dean of Salisbury and Bishop of Norwich, for Joining with Reginald Archbishop of Colon and the Germans, for Victor alias Octavian against Alexander, and for usurping the Deanery of Salisbury against the Popes and his Command, and declared his Title to it null and void. He also [1] Ibidem. He Excommunicates by name many others, for several matters. let them Know he had Excommunicated Richard Ivecestre or Ilcester for joining with Archbishop Reginald and the Germans, as was said before, and That he had Excommunicated Richard de Luci, and jocelin de Bailol because they drew up and put into form the Royal Customs and Laws, or (as he says) because they were the authors and makers of those pravities. Likewise That he had excommunicated Ranulph de Broc for taking and Detaining the Goods of the Church of Canturbury, and for taking and imprisoning his Men or Tenants, as Laymen. That with him he had Excommunicated Hugh de St. Clare, and Thomas Fitz-Bernard who had occupied the Goods and Possessions of the same Church without his Connivance or assent, and all others That afterwards should do the like. He further, [2] Ibidem. He tells his suffragans he yet deferred to pronounce Sentence against the King's person, but was ready to do it. signifies to them, That as yet he had deferred to pronounce Sentence against the King's person, expecting That being inspired by Divine Grace, he might Repent, which if he did not quickly, he was ready to do it, and commanding their Fraternity, by virtue of their Obedience, That they should Esteem as Excommunicated, the before mentioned persons, and cause them to be denounced such, enjoining the Bishop of London, to send and show this Epistle to all his Brethren and fellow-Bishops of his Province. After these proceed of the Archbishop A severe Edict to watch the Ports, and against such as brought any thing from the Pope, etc. King Henry sent his Precept into England, That all the Ports should be most strictly watched, lest Letters of Interdiction should be any ways brought in; and if any one brought them, he commanded his Feet should be cut off; if he was a Clerc, then to lose his Eyes and Genitals; if a Laic, to be hanged; if a Leper to be burnt. And if any Bishop, fearing such interdict, would departed the Nation, he should carry nothing with him but his Staff. He willed also that all Scholars should return into England, or they should be deprived of their Benefices, and such as stayed should never return. The Priests that would not chant, or sing Mass, he ordered to be Gelt, and all such as were Rebels to him, were to lose their Fees or livelyhoods. He also sent his [4] Append. n. 47. The King Commands the Sheriffs to imprison all such as Appealed to the Pope, etc. and to seize the Rents and Possessions of the Archbishop. Writs to all the Sheriffs in England, That they should imprison all such as Appealed to Rome, until his Pleasure was Known, That they should seize all the Rents and Possessions of the Archbishop, as Ralph de Brock and his other Ministers should direct, That they should take security for the good behaviour of the Fathers, Mothers, Sisters, Brothers, Nephews and Nieces of all such Clercs as were with the Archbishop, and also that their goods should be forthcoming, until his pleasure was Known. When he [5] Hoved. f. 286. b. N. 10. A. D. 1166. He Banished all his Relations. returned out of Normandy into England, in the year 1166. he Banished out of England and all his Dominions, all Men and Women that he could find which were akin to the Archbishop, and spared not the Children sucking their Mother's Breasts, and he had not been two years in the Abbey of Pontigny, (in the confines of Champaign and Burgundy) with Warin and his Monks to whom Pope Alexander had recommended him; [6] Ib. N. 20. And forced him to leave the Monastery of Pontigny But King Henry sent to the Abbot, That if he sheltered any longer the Archbishop of Canturbury in his Monastery, he would Banish all the Monks of his * They were Cistertians. From whence he goes to the Abbey of St. Columb. Order out of England. The Archbishop being told of this Message, of his own accord left the place, lest for his sake so many Religious houses might perish. And from thence he went to the King of France, who received him very kindly, and sent him to the Abbey of St. Columb near the City of Sens. Pope Alexander writes to [7] Hoveden ut supra, n. 30. etc. The Pope writes to King Hen. in behalf of Thomas, And tells hi● of the difference of the Secular and Ecclesiastic power and rights, And advises him not to confound them. King Henry in favour of the Cause of Thomas the Archbishop, and tells him that as the Seculars were Distinguished in Life and Habit from Clercs, so their Courts were quite Different; That therefore he had perverted them by an indecent order and usurped those things which belong to Christ, by making new Laws according to his own Will, to the oppression of the Church, and poor of Christ; and so Exhorts him to permit every one to have his own Right, and to leave Ecclesiastical matters, and especially such as were Criminal, about breach of Faith or Oath, (de laesione fidei aut Juramenti) The Causes also which concern the things and possessions of Churches, to be discussed by Ecclesiastic persons, because it neither was Expedient, nor became him to confound the Secular and Ecclesiastic government, Regnum & Sacerdotium confundere, non adeo Serenitatem tuam Deceret, nec etiam expediret. He also wrote to [8] Append. N. 48. Gilbert Bishop of London to persuade the King to be kind to the Church, and Receive the Archbishop into favour. The Bishop of [9] Ibidem. N. 49. He writes also to the Bishop of London to incline the King's affection to Thomas and the Church. The King's sober and complying answer to his proposals. London takes to his assistance Richard Bishop of Hereford, they both urge the King according to their instructions given them by the Pope, in this and other Epistles; who they tell him received his Correptions very thankfully, and with great temper of mind answered every thing very modestly. First, That he had no aversion to him, nor ever thought of any such thing: That while he show him his Paternal grace and favour, The King would Love him as his Father, and honour and cherish the Roman Church as his Mother, and humbly obey his holy Commands, saving his own and the Dignity of his Kingdom. That if at any time he had been Deficient in his Reverence toward him, it was because when he had in his necessity with his whole heart, mind, and strength espoused his Cause, yet afterwards he being in great straits, his Holiness failed him, and to every Petition gave him a Repulse. He said he will hinder no man from visiting your Holiness, nor as yet hath he done it. In Appeals according to the ancient Constitution of his Kingdom, he affirms, that no Clerc ought for a Civil Cause (ob Civilem Causam) to go out of his Kingdom, before he had by his Authority and precept tried whether he could obtain his right or not; if he cannot, any one might and shall Appeal to you. In which if he did any ways prejudice your right or honour, he would amend it, by advice of the Church of his own Kingdom. He asserts he never Expelled the Archbishop out of his Kingdom, and as he went of his own accord, so he may freely return again to his Church when he please; On Condition he observe his Royal Dignities, which he Swore to observe, though now he calls them wicked and unjust; and if any Church or Ecclesiastical person can show himself grieved by him, or any of his, he is ready to make Satisfaction according to the Judgement of the whole Church. These they say were the [1] Ibidem. King's Answers, and beseech his sublimity to consider what Issue this Affair is like to have, when as the King seems much to justify himself, in that he submits in all things to the Counsel and judgement of the Church of his Kingdom. And the Archbishop may Return upon the Condition before Expressed: And do supplicate his * Excellentiae vestrae supplicandum aestimavimus. Excellency, to act Mildly, and not to pronounce sentence of Interdict or Excommunication against him, lest he should force the King, and with him much people, and innumerable Churches from his Obedience. The Arch-Bishops Suffragans, or the Bishops of his Province [2] Append. N. 50. The Bishops of the Province of Canturbury writ to the Archbishop in behalf of the King, they excuse him and exhort Thomas to a compliance. wrote to him, They did hope that those things, which by his unexpected Departure, and by the newness of the thing itself, had been put into Confusion, might by his humility and prudence, with Cooperating Grace, have been reduced into their former peaceable Condition. And it was a comfort to them when by common fame they heard, that being beyond the Seas, he had no Designs or Contrivances against their Lord the King, or his Kingdom, but that he did bear with modesty that Burden of Poverty which he had voluntarily undertaken, and had withdrawn and sequestered himself, out of Devotion to humble himself, and to obtain or improve his Spiritual Welfare, and rejoiced to hear he was so studious of Peace. But then to their great Grief, they heard he Threatened the King with an Interdict, and to cut him off from the Church; They press upon him the inconveniences of such proceed, and the conveniences of a Quiet and peaceable temper. And urge him to consider, That the King against the Dissuasion of his Mother, and the Opinion of the Kingdom, or Secular Government, (Regno reclamante) caused him to be Elected Archbishop, in hopes he might Reign happily, and enjoy great Quiet and Security by his advice and assistance They tell him, The King being appointed by God, provided for the peace of his Subjects in all things, and preserved it to the Churches, and people committed to him, That he exacted and required the Dignities due and Exhibited to Kings before him, should be allowed and Exhibited to him. About which if there were any Controversy between the King and himself, when he was admonished by the Bishops of London and Hereford by Directions from the Pope, he answered humbly and meekly, That if any Church, or Ecclesiastical person whatsoever could show themselves grieved or injured, he would in all things submit himself to the Judgement of the Church of his Kingdom, and That in very Deed he was then ready to perform it, and give satisfaction for the injury done. And then they Demand, by what right, what Law, what Canon, or interdict, he could urge or press the King, or how he could cut him off from the Church, and then move him to Peace and compliance, and smoothly Reprove him, for several preposterous, new, and unwarrantable Actions; as suspending and Condemning the B●shop of Salisbury, before he was accused or heard; which new Order of Judgement (say they) to Condemn first, and hear the cause afterward, as they hoped, was then not to be found amongst the Laws or Canons. And lest he might attempt to exercise and extend it against their Lord the King, or his Kingdom, or against them, and the Churches committed to them, To the prejudice of the Pope, the Disgrace and Detriment of the holy Roman Church, and the increase of his own confusion, they opposed the Remedy of Appeal, and the second time Appealed to the Pope in Writing, and Designed * Ann. Dom. 1167. Ascension Day for the time of Appeal. Such another [3] Append. N. 51. They writ to the same effect to the Pope. They tell him there was no need of an interdict, etc. They fix the Ground and cause of the Controversy, in the Extravagancy and Crimes of insolent Clercs, and the manner of punishing them. Epistle, and much to the same Effect, The Bishops of his Province wrote to the Pope in behalf of the King; In which they excuse him as before, Commend his compliance and obedience, and inform the Pope there was no need of an Interdict, Threats, or Curse to force him to satisfaction. They assign for the ground and Cause of the Controversy the Extravagancies and Excesses of certain insolent Clercs, and the manner and place of punishing their grievous Crimes and Enormities: They Blame Thomas for Threatening to Excommunicate and Interdict the Nation, and say, it was neither like the Devotion or Patience of a Father, or Archbishop. They acquaint the Pope he had Excommunicated some of the King's Servants, and chief men of the Kingdom, and his special assistants and Counsellors, by whom the great affairs of the Kingdom were much directed, without Citation, without making any Defence, and as they said, without Gild, not being Convicted, or having Confessed any fault. And lay before him the inconveniences and ill consequences of his extravagant actions, and at length make their Appeal to the Pope, and propound the Day of Appeal as before. An Abstract of the Rescript or Answer of the Archbishop to his Suffragans Epistle here follows. The Rescript itself is to be found in the Appendix. N. 56. THrough the whole he Draws and insinuates a Parallel between our Saviour Christ and himself, The Arch-Bishops Answer to the Epistle of his Suffragans. Tells them they wrote it not by Common advice and Prudence, it containing more of Mordacity than Comfort, more of Disobedience than Piety or Charity, and wonders why they should be so unkind to him, when he never did them injury. He exhorts them to lay down their lives with him to free the Church from the Yoke of servitude. Says, the injury done to him, the Church of God, and Canturbury, was the Cause of his Appeal, and that, the Cause of his Recess. He accuseth the Bishop of London, Archbishop of York, and Richard de Ivelcester for Dictating the Sentence against him, and particularly the Bishop of London for Receiving the Money of the Church of Canturbury, and applying it to the use of his own. He affirms he ought not to fear any punishment, or ill consequences for standing out against the King. The Bishops he Exhorts not to confound the rights of the Church and Kingdom which were Distinct Powers, of which The * He mea●s the secular power, received authority from Church. one received power and authority from the other. He says the Bishop of Salisbury admitted john of Oxford Dean of Salisbury, against the Popes and his Prohibition, which was manifest Disobedience, and therefore there was no solemnity required in the Process against him, and citys Canons to make good his Assertion. He argues against their Appeal, and asserts, That Legally and Canonically they could not Appeal. And affirms it no injury or grievance to the King, to smite him with excommunication. As to what they say, that he was made Archbishop against the Opinion and good liking of the Kingdom. He appeals to the form and manner of his Election, and endeavours to make what they say improbable, from the number and Quality of the persons present, and for that the King wrote for a Pall, and the Election was made without Contradiction. He takes notice they reported him a little Fellow, and of mean Parentage, his answer was, That he Descended not from Kings; yet chose rather by the Nobility of his mind to raise a Family, then by his negligence to make one Degenerate. He tells them they talked of the Danger of the Roman Church, of the loss of Temporals, and the fear of the Kings and his people's recess from it, of his own Danger, and of those that belonged to him; but thought not of the Loss of Souls; And after this averrs the Suffragans of his Church, ought all to be of his opinion, and to suffer and die with him. The Epistle or Rescript is very long, and what his Potency and skill was in Arguing or Defending, the knowing Reader may Examine at his Leisure. A while after he Excommunicated the [4] Append. N. 52. A. D. 1168. The Archbishop Excommunicates the Bishop of London, and commands the Dean and Chapter and Clergy of his Diocese to avoid it. Bishop of London because he abused his patience, grew more obdurate, and would neither hear the Pope nor himself, until he gave just satisfaction, and Commanded him by virtue of his Obedience, the Danger of his Salvation, Dignity and Order, that he should abstain from the Company of all faithful people, lest he should defile the ●lock of the Lord, which he was to teach and inform by his Doctrine and Example. He also wrote to the [5] Ibidem N. 53. And the company of others which he had Excommunicated. Dean, Archdeacon and Clergy of the Diocese of London, That by virtue of their Obedience, Danger of their Salvation, and Order, they should avoid his Company, and likewise the Company of other persons Excommunicated, there named, to wit, I●celin Bishop of Salisbury, Earl Hugh, Ranulph de Broc, Thomas Fitz-Bernard, Robert of the Church of Broc, Hugh de St. Clare, Letard Clerc of Northfleet. Nigell de * he was Sigillifer Domini Regis. Saccavill, Richard the Brother of William Hastings, who had usurped his Church of New Coton, and informed them that on Ascension Day he would Excommunicate others which he had cited, if in the mean time they made not satisfaction, namely Gilbert Archdeacon of Canturbury, and Robert his * i e. Official Vicar, Richard de Ivelcester, Richard de Luci, William Giffard, Adam de Cheringes; And all such as by the King's Mandate, or their own Rashness, seized the Goods of him or his Clercs, And those by whose assistance or advice the King's mind was set against the Liberty of the Church, and by whose instigation he proscribed and wasted the innocent, and such as hindered the Pope's Commissioners and his, from pursuing the Business of the Church. And then Bids them not be troubled or fear, because by the assistance of God, and the Protection of the Apostolic See, he was safe from the Tergiversations of Malignants, and the Subterfuges of Appeals. He gave Robert [6] Hoved. f. 294, a. N. 20. & b. N. 10.20. He gives the Bishop of Hereford notice of several he had Excommunicated by name. And that he had Excommunicated all such as received Benefices from the hands of Laymen. Bishop of Hereford notice by an Epistle, That he had publicly Excommunicated Gilbert (or as 'tis here in this place) Geofry Archdeacon of Canturbury, Robert his Vicar, (or Official) Richard the Ivecester, William Giffard, Earl Hugh, Richard de Luci, Adam de Cheringes, and also all those who had received Ecclesiastical Offices or Benefices from the hands of Laymen, contrary to the Canons, or had usurped them by their own Authority. Those likewise which hindered the Popes, and his own Agents from prosecuting the Affairs of the Church. And Commanded him by the Pope's Authority, and his own, That they might be Declared excommunicate in his Diocese, and so bids him farewel, and commend him, and the Cause of God which was in his hands, to the Prayers of the Saints. About this time, or not long after, A. D. 1169. on Twelve Day the Kings of [7] Chron. Gervas'. Col. 1404. N. 50, 60. England and France met at Mount Miral in Champaign, where they treated of, and Concluded a Peace, and the Poictovins and Britan's which took Arms with the King of France, against the King of England were received into favour. Not long after by the Persuasion of friends [3] Ibidem. Col. 1405. N. 10. The King and Archbishop are brought together. the King and Archbishop were brought together, in the presence of the King of France, and the Archbishop offered, to Commit the Controversy between them to the King himself, Saving the honour of God, which last words when the King heard he was very angry and reproached him very much: Thomas answered him Calmly, and the King observing that he gained upon the Auditory, interrupted him, and told the King of France he would say whatever Displeased him, was contrary to the honour of God, by which means, and under that pretence he would Dispossess him of all his rights. But that he might not in any wise seem to entrench upon the honour of God, [9] Ibidem. N. 50, 60. His fair offer to Thomas. The King said, there had been many Kings of England before him, of greater and less authority than he was, and there had been many Arch-Bishops of Canturbury before him great and holy men, let him do what the greatest and most holy of his predecessors, did to the least of the King's predecessors, and he would acquiesce in it. And added, That he Drove him not from the Kingdom, but that he fled privately, no man Compelling him. And that now he insinuated to the King of France, and great men, that he Defended the cause of the Church of God. For his part he always Willed and Granted, and did then Will and grant, That he should Enjoy his Church, and Govern it in the same Liberty, in which any of his Antecessors did best and most freely Govern it. [1] Ibidem, Col. 1406. lin. 3. & n. 10.20. Approved by the King of France. On every side it was said, the King yielded sufficiently. And the King of France being moved against the Archbishop, asked him, whether he would be greater than Saints, or better than Peter. Thomas said he would willingly receive his Church in the same Liberty his Antecessors had it, but the Customs which were Contrary to the Institutions of the Holy Fathers he would not receive. The Mediators advised him to submit to the King, and give him his Due honour; he replied our Fathers suffered because they would not Conceal the Name of Christ. And should he for the favour of Man suppress the Honour of God? All the [2] Ibid. The great men of England and France against him. great men of both Kingdoms risen up against him, saying his Arrogancy was the hindrance of Peace, and because he resisted the Will of Both Kings, he was not Worthy of the assistance of Either. And seeing he was Ejected out of England; France ought not to receive him. The King of France his Mind was averted from him for some Days, nor did he visit him as he was wont, nor did he receive from him his usual supplies. [3] Ibid. N. 30 40. The King of France his Artifice, Juggling, and Hypoc●sie. But it was not long before he sent for him, and coming to the King, he found him sitting with a sad Countenance, not rising to him as he was wont; and on a sudden he threw himself with a sob at the feet of the Archbishop, saying, truly thou alone seest, and doubling those words with a Sigh, verily thou alone seest, we were all blind, [4] Ibid. N. 50 60. who gave the Counsel against God, That for the favour of man, thou shouldest keep silent concerning the honour of God. I Repent father, Pardon me I beseech you, and absolve me from this fault; from this hour I offer you myself and my Kingdom. He raised the King and absolved him. Within a few days it was [5] Ibid. & Col. 1407. lin. 1. The Design of the King of France his hypocrisy. told the King of France that the King of England, had broken all the Covenants he had made with the Poictovins and Britan's in the Treaty at Mount-Mirall by his Mediation; whereupon he magnifyed Thomas for what he had told him concerning the King of England, who sent to him [6] Ib. N. 10. to let him Know that he much wondered he should keep the Archbishop in his Country, who had so Contumaciously refused the Peace offered unto him. The King of France bade his Envoyes tell their Master, That seeing he stood so much upon Customs which he called ancient, he would not abate any thing of the ancient liberty of the Kings of France, which was to Relieve all Banished persons, Especially Ecclesiastics.— Now was the time of the Arch-Bishops thundering out his Excommunications, and urging the Pope to interdict the Kingdom. The Kings of [7] Ibid. Col. 1408. N. 10. The King of France Mediates Peace. England and France met again, at the Mont of Martyrs, (apud Montem Martyrum) and amongst other things Discoursed of restoring the Archbishop. King Henry granted the Archbishop should return in peace and with security and enjoy his Bishopric with the same liberty, it could be made appear any of his Predecessors enjoyed it, and promised to give 1000 marks toward the expenses of his Return. He Demanded 30000, and said, unless he restored what he had taken away, his sin could not be remitted; [8] Ib. N. 20, 30, 40. All things were agreed. But the King of France and the great men of both Kingdoms, persuaded him to Quit his Demands. When all things were agreed, The Archbishop by the Popes Command required Caution for the Confirmation of the Peace; when every one said a Caution was not to be Exacted, and that the Kiss of Peace, The King of England excuseth his not giving the Kiss of Peace to the Archbishop. (osculum pacis) sufficed, which was intimated by 〈◊〉 King of France to the King of England; he said, he would willingly do it, because in his anger he had publicly sworn he would never Kiss the Archbishop, although he should make Peace with him, and receive him into favour. And yet notwithstanding that, he would not retain any Rancour or Malice against him. The King of [9] Ibidem. He would not accept the Peace without the Kiss. France and other Mediators suspecting Poison in the fair words of the King, reported them as they were to the Archbishop, neither persuading one thing or other. The Archbishop would not accept the Peace, without the Kiss, and so all parties went their several ways, without finishing of the Peace; and the King of France sent his Letters and Messengers with those of Thomas to the Pope, beseeching he would make no longer delay in the Sentence against him. [1] Ibidem, n. 50, 60. The King of France and Archbishop of Sens, excite the Pope against King Henry. And the Bishop of Sens went in person to prevail with the Pope, to Interdict England, unless Peace was restored to the Church. Whereof King Henry having notice, sent into England a severe Edict or Precept [2] Append. n. 54. against bringing into it any Letters or Mandates from the Pope or Archbishop, relating to an Interdict, making all, both old and young, swear to the [3] Chron. Gervas'. ut supra, n. 60. observation of every Article. On the [4] Ibidem. Col. 1410. l. 5. A. D. 1170. These old Monks began the year at Christmas. third of March, A. D. 1170. King Henry landed in England: The Pope hearing of his Passage thither, lost the Church might any longer suffer wrong, he renewed his Mandate [5] Ibidem, n. 10. The Pope sends the Archbishop of Roven, and Bishop of Nevers into England, That if the King submitted not, to Interdict his Nation. to the Archbishop of Roven, and Lord-Bishop of ●evers, commanding them if it were needful to pass over into England, and admonish the King of Peace, which Epistle or Mandate is to be found in the 5 th'. Book of Quadrilogus, and in the Appendix, n. 57 By it they were enjoined, by virtue of their Obedience, within Twenty days after, the receipt thereof to hasten to the King. And if he would not make full Restitution of his Possessions to the Archbishop, and others, and also Kiss him, or if he used any Art or Shuffling, than they were by St. Peter's Authority and his, to pronounce the Sentence of Interdict, without contradiction of Appeal against England, and they were to prohibit the celebration of all Divine Offices, except the Baptism of Infants, and Penance to dying People. And if the Arch-Bishops and Bishops did not observe the Edict, and cause those under their care to observe it, They were to suspend them, and upon neglect afterwards, to Excommunicate them. It bears Date the 10 th' of May. About the middle of [7] Ibidem, Col. 1411. n. 60. By Letters they acquaint the King with the Pope's Command. He stays them beyond Sea, and promiseth to come over to them and make peace. June being ready for their Journey, the King received Letters from them, in which they acquaint him with the command they had from the Pope, he wrote back to them, not to expose themselves to the danger of the Sea, promising he would suddenly be with them, and consent to a Peace with the Archbishop by their Advice. Hoveden [8] f. 295. a. n. 10.20. King Henry feared an Interdict, and Appeals to the Pope for himself and Kingdom. says in the year of Grace 1169. King Henry fearing lest Thomas shoul pronounce sentence of Excommunication against his Person, and of Inderdict against his Kingdom, Appealed for himself and Kingdom to the presence of the Pope, and sent Messengers to Request him to send one or two Legates to hear the Cause between him and the Archbishop, and to determine it to the honour of God and Holy Church, and that in the mean time, such as were Excommunicated might be Absolved. The [9] Append. n. ●5. The Pope's Answer to him. Pope wrote back to him. That he had Received his Messengers john Cumin and Ralph de Tamworth, and promiseth he would send Legates with full Power to hear and determine the Cause, and declared, That if in the mean time the Archbishop should denounce any Sentence against him, In which he makes him kind promises, That were to be kept secret. or his Kingdom, or any persons thereof, it should be void, and then desired him to make these Letters a great secret, and not to show or let any one Know of them, but in great necessity, and promiseth that his Legates should absolve his Servants, Courtiers, and Counsellors. The [1] Hoved. f. 295. b. lin. 5. The Legates came. Legates came accordingly, and though Hoveden mentions them not, yet certainly they were Gratianus nephew of Pope Eugenius, and Vivianus an Advocate in the Roman Court, mentioned in [2] Col. 1407. n. 40.50. Gervase of Canterbury, to whom the King Granted the Archbishop should return, and enjoy his Archbishopric, saving the Honour of his Kingdom, (Salvo Honore Regni sui) and by whose industry, and the Application of the King of France, the Agreement was finished, and brought on, so far as the Kiss of Peace, as before related. King Henry [3] Ibidem Col. 1412. n. 10.20. Hoved. f. 296. b. n. 10.20. Ben. Abb. p. 30. a. b. King Henry's design to Crown his Son. had a design to Crown his Son Henry King, which was kept private, yet the Pope either suspected or smelled it out, for on the 2d. of April he wrote to the Archbishop of York, and all the Bishops of England [4] Append. n. 58. The Pope prohibits the Archbishop of York, and all other Bishops to do it. That if any such Coronation was, they should not perform the Ceremony, without the Consent and Privity of the Church, or Archbishop of Canturbury, whose right it was to Consecrate Kings. [5] Gervas'. Hoved. Ben. Abb. ut supra. The day appointed for this Solemnity was the 14 th' of June, and he was anointed and Crowned by Roger Archbishop of York, Hugh Bishop of Durham, Walter of Rochester, Gilbert of London, and jocelin of Salisbury assisting him, no mention having been made of Thomas, to whom the Coronation and Consecration belonged in right of his Church. Gervase of Canterbury said it was done in contempt of the Pope's prohibition. The King [6] Hoved. f. 296. n. 30. The King of France displeased, that his Daughter was not Crowned with her Husband. of France hearing his Daughter Margaret was not Crowned with the young King her Husband, levied a great Army and invaded Normandy. The King of England having notice of it, left his Son in England, and passed thither, and in a Treaty at Vendosme, made peace with the King in the Feast of * St. Marry Magdalen, promising his Son should be Crowned again, and his Wife with him. Gervase of Canturbury says, this Treaty, and the Day was appointed before the Coronation of his Son. In [7] Ibidem. n. 40. Thomas complains to the Pope of the A. B. of York, and other Bishops, for Crowning the King's Son He suspends the A. B. of York, and Bishop of Durham, and Excommunicates the others. the mean time Thomas complained to the Pope of the Archbishop of York, and the four Bishops that assisted at the Coronation of the new King in the Province of Canturbury, at whose Instance he Excommunicated the Bishops of London, Rochester, and Salisbury, and suspended the Archbishop of York, and Bishop of Durham from their Episcopal Offices; and wrote to the last two [8] Appen. n. 59 He accuseth the King for Depression and Diminution of the Church. an Epistle, wherein he accuseth the King for Depression and Diminution of the Church's Liberties, That under pretence of preserving his Royal Dignities, he destroyed them, contrary to the Cannons, and tells the Bishops how much he had been solicited to confirm his Prevarications, and Usurpations, meaning, The Statutes of Clarendon, That he had sent some Cardinals and others to soften him, but he grew more obdurate, and would not Abate the least of the Rigour of his perverse Laws. That he seized the rights of the Church of Canturbury, contrary to its Ancient Dignity. That his Son Henry had been Crowned by him the Archbishop of York, without any Caution or Reservation of the Rights of the Church of Canturbury, And to avoid Damnation suspends the Archbishop of York and Bishop of Durham. in performing of that Solemnity, and at last, lest he should be involved with them at the day of Judgement, in the Sentence of Damnation, he suspends both the Archbishop of York, and Bishop of Durham from the Exercise of their Episcopal Functions. Notwithstanding the late peace made at Vendosme, [9] Hoved. f. 297. b. n. 10. The King of France his Arch-Bishops Bishops, and great Men solicited the Pope against King Henry. He complys with them. Lewis of France, his Arch-Bishops, Bishops, and great Men of the Kingdom, solicited the Pope that he would not permit the King of England to make any further Delays, as he loved the Kingdom of France, and the Honour of the Apostolic See: Upon which, The Pope granted, that unless he presently made peace with the Archbishop, his Kingdom should be Anathematised, and put under Interdict: And (says the Historian) it pleased God to change the King's mind, so that by the mediation, and paternal Exhortation of the Pope, and of the King of France, by the advice of many Bishops, [1] Ibidem n. 20. and supplicating intervention of great Men the King received him into favour, and restored him unto his Church. [2] p. 31. a. Benedictus Abbas, says, the peremptory day was at hand, so as the Sentence could be deferred no longer, and That the King of England being forced by Canonic severity, at length harkened to Peace, and came to Amboise near Tours, on the fourth of the Ideses, or twelfth of October: with the Arch-Bishops, Bishops, and great Men of his Land; where he met William Archbishop of Sens, and Theobald Earl of Blois who brought with them Archbishop Thomas, and the next day, it pleased Divine Providence, by the mediation of the King of France, and by the Command and admonition of Pope Alexander, and also by the advice of the Arch-Bishops, Peace between the Archbishop and King. and Bishops of his Land, the King received him into his Grace and Favour, and pardoned to him, and all that were with him in Exile, his anger and ill-will, (Iram & malevolentiam suam) promising to restore wholly to him all the possessions of the Church of Canturbury, as he held them a year before he went out of England. All agree about the matter of this Treaty, but differ about the Time and Place. [3] f. 297. b. n. 30. Hoveden agrees with Abbot Bennet, and says it was on the 4 th' of the Ideses, or 12 th' of October, on a Hill between Tours and Amboise. [4] lib. 3. c. 2.5. p. 46. Col. 2.6. Col. 1412. n. 30. Quadrilogus [5] Fitz-Stephen and [6] Gervase of Canturbury, say it was on St. Mary magdalen's day or 22 of July at Fretev●ll between Chartrin and Main, in a Meadow called the Meadow of Traitors. The King and Arch Bishop being thus Reconciled he [7] Append. n. 60. The King writes to his Son to give him notice of the agreement wrote into England to his Son Henry, to let him Know the Archbishop had made peace with him according to his own Will: and therefore Commanded him, to let him and all with him have and enjoy all things, as they did three months before he left England. After his Peace made with the King, he told him [8] Fitz-Steph. p. 47. Col. 2. Thomas complains of the Archbishop of York, concerning the Coronation of the young King, and presseth the old King about it. That amongst all the Evils he sustained under his Anger and indignation, as Banishment, spoiling, and Oppression of the Church of Canturbury, etc. there was one thing which he neither ought nor could leave unpunished, And That was the Archbishop of York his Crowning of his Son in the Province of Canturbury, whic he caused him to do, and so spoilt his Church of this Dignity, The King ●aves it to him to take satisfaction of the Archbishop of York, etc. where he by the Unction of the mercy of God, was anointed King, and which amongst all her Dignities, she had peculiar, proper, and special, to her self, ever since the time of St. Augustin. And after a little further Discourse, the King left it to him, to take satisfaction of the Archbishop of York, and other Bishops, for the [9] Ibidem. p. 48. Col. 2. injuries done to the Church of Canturbury, and himself. The Pope thought the Archbishop made not Hast Enough, and therefore [1] Ibid. p. 51. Col. 2. sent a Messenger with Letters of Exhortation to him to go to his Church, and with them he received Letters of severe Justice concerning the presumptuous Coronation of the new King, by which the [2] Chron. Gervas'. Col. 1413. N. 40. The Pope writes to Thomas to make haste to his Church, and sends him his Letters of suspension and Excommunication of the Bishops, which he pronounced against them. Archbishop of York and Bishop of Durham were suspended, and the Bishop of London, Salisbury and other Bishops of England were Excommunicated. He set Sail from Witsand, and Landed at Sandwich in Kent on the first of December. He pronounced the Sentence of suspension and Excommunication against the Bishops, at which the people that came to meet him [3] Ibidem. N. 60. were much Troubled, and asked him why at his first coming into England, he would in Reproach of the King, suspend and Excommunicate the Bishops, and threatened him with the King's displeasure; he answered the King ought not to be offended, for it was done by his permission. The Bishops [4] Ibid. Col. 1414. N. 10, 20, 30, 40. The suspended and Excommunicated Bishops, apply themselves to the King, and complain of the Difficulties they were in by reason of the Peace. He in a passion upbraids the Sloathfulness of his Servants, that none would vindicate the Injuries and affronts done to him. A. D. 1171. Four of his Knights Murder the Archbishop. sent to him very earnestly desiring Absolution. He said they were bound by a Superior Judge, and it was not in his power to release a Sentence given by so great a Judge; yet he would Confide in the Clemency of the Pope, and absolve them, if they would give Caution to stand to the Judgement of the Church concerning those things for which they had been Excommunicated. The suspended and Excommunicated Bishops went to the King into Normandy, and threw themselves at his feet, and told him he had made an ill Peace for them, saying, that they, and all such as were present at the Coronation of his Son were Excommunicated: At which words the King was mightily moved, and in great Passion, he cried out aloud, he was a miserable man, That fed so many Noble Sluggards, none of which would vindicate him from the Injuries done unto him. With which Words four of the King's Noble Domestic Knights, being highly Provoked, Combined together to Kill him, and when he would not absolve the suspended and Excommunicated Bishops, nor submit in some other things to the Kings Will, as they Demanded of him, on the thirtieth of December, They went into the Church, and at Vespers with their Swords Clove his head and murdered him in the Cathedral at Canturbury, when he neither would save himself by flight, or have the doors shut against them. [5] Ib. N. 50. Their names were, Reginald Fitz Vrse, William de Traci, Richard Brito, and Hugh de Morvill. Fitz-Stephan says, The Archbishop of York [6] p. 58. Col. 1. The Archbishop of York exasperates the King against Thomas. told the King, That so long as Thomas was alive, he neither would have good Days, nor a peaceable Kingdom, nor Quiet times, at which words the King conceived such indignation against him, and show it so much by his Countenance and gesture, That four of his Domestic Barons (the persons before named) understanding what was the Cause of his Trouble, and seeking to please him, conspired the Death of the Archbishop, etc. All men avoided [7] Hoved. f. 299. a. n. 30. The Four Murderers obtained Penance from the Pope. They die at Jerusalem. the Company and Conversation of these Murderers; at length they got to Rome, and obtained penance of the Pope, who sent them to jerusalem, where according to his injunction, doing Penance in the Black Hill or Mountain, they Died. Concerning [8] Hoved. f. 299. a. n. 40. The King of France writes to the Pope to Revenge Thomas his Death. the Death of the Archbishop, The King of France wrote to the Pope to unsheathe the Sword of St. Peter to Revenge it, and to think of some new kind of Justice, and informed him, That as it had been related to him, The Divine Glory had been revealed in Miracles done at his Tumb, by which it appeared for whose name he contended. William Archbishop of Sens [9] Ibidem. b n. 10. The Archbishop of Sens writes to the same purpose. wrote also to Pope Alexander concerning the same, and lays the Cause of his Death upon the King and urgeth him for the safety of the Church, and the honour of God to confirm and Renew the Sentence of interdict against his Dominions. Likewise Theobald [1] Ibidem f. 300. a. n. 10. 20, 30. Theobald Earl of Blois wrote to the same purpose: And avers he heard the King give Thomas leave to sentence the Bishops as the Pope and he pleased. Earl of Blois wrote to him, That he was present at the Agreement between them, and that the Archbishop complained to the King, that he had too hastily, and with too hot a zeal caused his Son to be Crowned, for which he promised to do him right, and give him satisfaction. That he then also complained of the Bishops, who contrary to the Right and Honour of the Church of Canturbury, had presumed to Thrust a new King into the Royal Throne, not for the Love of Justice, or to please God, but to please a Tyrant, and That the King gave him leave to sentence them according to the Popes and his own pleasure. This he said he was ready to prove by his Oath, or any other way, and told him the Blood of the just called to him for vengeance. In the mean while Rotrod [2] Ib. f. 301. a. N. 10. A. D. 1171. Several Bishops and others sent to the Pope from the King. He promiseth to send two Cardinals into Normandy, to hear and determine matters concerning the Death of Thomas. Archbishop of Roven, Giles Bishop of Eureux, Roger Bishop of Worcester, Richard Bar, and many other Clercs and Servants of the King went to the Pope, on the behalf of him and his Kingdom. The Archbishop of Roven was very old and infirm, and therefore returned, the others went on, and with great Difficulty obtained of the Pope, That two Cardinals Theodin and Albert should on his behalf come into Normandy to hear the Cause between the King and the Church of Canturbury concerning the Death of the Archbishop, and Concerning other Ecclesiastic Dignities, and to Judge according as God should Direct. Four only of this Embassy [3] Ibidem N. 20.30, 40, 50. & b. N. 10, 20. The King's Envoy with great Difficulty get to Rome. They stopped at Sienna. got through to Rome, Robert Abbat of Valace near Litlebone in Normandy and Archdeacon of Salisbury, Robert Archdeacon of Lisieux, Robert Bar, and Master Henry. Richard de Barre went before them, and with much Trouble and Danger arrived at Rome, where he acted prudently and Diligently in his Master's Cause, though the Pope would not receive him, or others of note see him. They were all stopped at Sienna (now in Tuscany) and by Earl Macharius his Command all the passages from thence were Guarded in the night; these four got away, and left the Bishops there, and going over steep hills and places almost unpassable they in great fear and Danger arrived at Tusculum (now Frascati) on Palm-Sunday Eve, The Pope would not see the King's Messengers. The Court of Rome would not endure to hear the King named. They obtain private Audidience of the Pope, and then Public, before the Cardinals. where the Pope would not see them, nor most of the Cardinals scarce vouchsafe them a word. With great importunity by the means of such as they thought had any Kindness for the King, at length they obtained, That the Abbot of Valace, and Robert Archdeacon of Lisieux might be heard, as being less suspected; but when they mentioned the King's name, The whole Court Cried out, hold, hold, as if it had been an abominable Thing for the Pope to hear it, and so they went from Court; in the Evening they had a private audience of the Pope, when they Declared the Message they had from the King, and afterwards in Public before the Pope and Cardinals, where they were opposed, by Alexander, and Gunther a Fleming, two Clercs of the Church of Canturbury. On Tuesday following (Feria quinta ante Pascha) according to the Custom of the Roman Church, the Pope publicly absolved and Excommunicated, and being certain there were designs against him and his Kingdom, they Consulted such as were most addicted to the King, The Bishop of the Roman Port, (a City long since demolished) the Bishop of Pavia, the Bishop of Tusculum (all Cardinals) and others, Without Success. Earnestly soliciting them to know the Pope's Resolutions, by whom they were informed, That the Pope by the Common Advice of his Brethren the Cardinals intended by name to pronounce the Sentence of Interdict against him, and all his Dominions, and to confirm the Sentence given against the Bishops. Being in this straight, they plied the Cardinals, by themselves, and their Servants, endeavouring to Remove them from this Sentence, or at least to persuade them to defer it until the Bishops (that were left behind at Sienna) should come to Court. In which when they could not prevail, by Importunity, At length they found a good and secure * I have read this Business cost the King 40000 Marks in Silver, and 5000 marks in Gold at the Court of Rome. But at length by close Application to some of the Cardinals prevailed. way (not mentioned in this Epistle) for the safety and Honour of the King, profitable to the Nation, and necessary for the Bishops, by means of some Cardinals. By which they averted the impending danger upon him, his Nations, and the Bishops, very far engaging themselves, believing the whole Business would proceed according to his mind, or according to what they knew, aught to be his mind. Certainly Knowing his Ruin was designed by the Court, and mightily fearing the Use and Custom of that Day. At the same [5] Ibidem, n. 20, 30. Two Cardinals at the same time sent into Normandy to threaten the Inderdict. A. D. 1171. time there came two Cardinals, Gratianus and Vivianus, Legates sent by the Pope into Normandy, who mightily troubled and vexed the King, threatening to put him and his Nations under interdict, which was prevented by this Application to the Pope; yet the King fearing that severity, hastened to the Sea, and took Ship for England, where he Commanded that no Brief-bringer or Messenger from the Pope of what Condition or Order soever should be suffered to pass out of England into Normandy, or out of Normandy into England, without giving Security, That he would do no Injury to the King or Kingdom, and with as much Expedition as could be with a great Fleet passed into Ireland from Milford Haven on the 16th of October. The King being thus fare toward his Reconciliation [6] Ibm. f 302 a. n. 30, 40, 50. The Archbishop of Bourges, and Bishop of Nevers had power to absolve the Bishops of London and Salisbury. the Bishops of London and Salisbury, sent to Rome, and easily obtained Letters of Absolution directed to the Archbishop of Bourges, and Bishop of Nevers, or to whom they should substitue, if they either could not, or would not absolve them their selves. Ralph de Diceto says * Col. 560. n. 10. A. D. 1172. The Bishop of London how restored. the Bishop of London was called before the Archbishop of Roven and the Bishop of Amiens at Albemarle on the first of May, and then and there, did Swear, with many religious persons his Compurgators, That neither in fact, word, or writing, he did Knowingly procure the death of Thomas the Martyr, and so was restored. And Mat. of Westminster * A. D. 1171. f. 250. n. 30. The Archbishop of York upon what Terms, restored to the exercise of his function. says, That Roger Archbishop of York, in the feast of St. Nicholas, or sixth of December, the year before at Albemarle, did swear, that he received not the Pope's Letters of Prohibition, before the Coronation of the new King, and that he never bond himself to the Observations of the Customs of the Kingdom, or Secular Government, (de consuetudinibus Regni observandis) nor that he did in Word, Writing, or Deed, Knowingly procure the Death of Thomas Archbishop of Canturbury. And so was mercifully restored to the Exercise of his Office: When he had committed no fault, if his Oath was true. At Christmas [7] Ibidem b. n. 20, 30. A. D. 1172. King Henry goes into Ireland, and goes from thence through England into Normandy to meet the Cardinals. His Son and his Wife Margaret Crowned at Winchest. A. D. 1172. They return into Normandy. the King was at Dublin in Ireland, and there remained until the beginning of Lent, and then removed to Wexford, where he stayed until Easter. Then Knowing, That the Cardinals Theodin and Albert were sent into Normandy from the Pope, He settled the affairs in Ireland as well as he could, and passed to Milford Haven, from thence to St. David's, from thence to Portsmouth, from whence carrying along with him his Son Henry, he passed into Normandy, and found the Cardinals at Caen, and by their advice made an agreement with the King of France, about the Crowning of his Daughter, and also by their Consent and advice sent back his Son into England, and with him Rotrod Archbishop of Roven, Giles Bishop of Eureux, and Roger Bishop of Worcester to Crown him and Margaret his Wife the Daughter of King Lewis, and They Crowned them at Winchester in the Church of St. Swithen on the 27th of August: And presently after the Coronation, The King, the Son, and the Queen his Wife, The Archbishop of Roven, and the Bishops of Eureux, and Worcester, Returned into Normandy. About a month after [8] Append. N. 61. King Henry's Purgation for the Death of Thomas. on the 27th of September, Henry King of England the father, and King Henry his Son, and Rotrod Archbishop of Roven, and all the Bishops and Abbats of Normandy, met at Abrinces (now Auranches) in the presence of Theodin and Albert the Cardinals; In whose Audience, The King of England the Father, in the Church of St. Andrew the Apostle, purged himself, and asserted his innocence by Oath upon the Relics of Saints, and the holy Gospels, That he neither Commanded nor desired the Archbishop should be Slain, and when he heard it, he Grieved vehemently. But because those Malefactors that Killed him, could not be had, and because he feared, they might have perpetrated that Profane Deed, by Reason of the Commotion and Trouble they Observed in his mind, he made the following Oath of Satisfaction. H●s Oath of satisfaction and Penance. First he Swore, That he would not Departed from Pope Alexander, nor his Catholic Successors, so long as they Acknowledged him a Catholic King. He Swore also, That he would not Hinder nor Suffer to be hindered Appeals: but that they might freely be made in his Kingdom, to the Pope in Ecclesiastical Causes, But so as if any persons were suspected by him, They should give security, they would do no injury to him, nor his Kingdom. He Swore That from Christmas following, he would undertake the Crusado, and go to Jerusalem for three years; and That if he were Diverted by going into Spain against the Saracens, he would Give the Templars so much money, as by their own judgement, should be sufficient for the Maintaining 200 Soldiers one year for the Defence of the Land of Jerusalem. He Pardoned all Clercs and Laics which were in Exile with Thomas, and Granted they might freely and in Peace return to their own again. He Swore also, That he would Restore the possessions of the Church of Canturbury, if any had been taken away, as fully, as it enjoyed them, a year before the Archbishop went out of England. He Swore also, That the Customs, which were brought in Contrary to the Churches of his Land in his time, should be wholly laid aside and dismissed. All these things he Swore to Observe in good Faith and without Deceit, and Caused his Son Henry to do the like, except in such things as referred to his own person. And That they might remain in the memory of the Roman Church, The King the Father caused his Seal to be put to the Writing which contained these Articles or Heads, together with the Seals of the Cardinals. Who upon this Purgation, Submission and Satisfaction, Granted him a [9] Append. N. 62. Chart of Absolution. On the Morrow after the Cardinals held a great [1] Hoved. f. 303. b. n. 50. A great Council in Normandy, with the Decrees. Council with the Archbishop and Bishops, and Clergy of Normandy, and then and there the following Decrees were made and enjoined to be observed inviolably by all men, I. That Children [2] Append. n. 63. A. D. 1172. should not be admitted to the Government and administration of Churches with Cure of Souls. II. The Sons of Priests should not be placed in the Churches of their Fathers. III. a. Lords of Manners that built Churches upon their fee, put in Priests to serve the Cure, and received such profits of the Church, as they and the Priest agreed upon, and the Priests only stayed in the Cure as long as they pleased. Laics should not receive part of the oblations of the Church. iv b. This fourth Canon was to the same purpose, for they let them out annually to such as would serve the Cure, and give most for them. That Churches should not be Committed, to annual Vicar's. V That the Priests of great Churches, which had sufficient Revenues, should be Compelled to have another Priest under him. VI That Priests should not be Ordained without a certain Title. VII. Church's should not be let to annual farm. VIII. That nothing of the third part of the Tithes, should be taken from the Priest that officiated. IX. c. That is, such as built the Churches, and were Patrons, had liberty to present the first Clerc, but not afterwards; that was against the Liberty of the Church, and Canons for investitures. Those which held Titles by haereditary right, might have leave, to give them to what qualifyed Clerc he would, upon Condition, that * i e. after the first presentation. after him, They should revert to the Church, to which they belonged. X. The Husband ought not to turn Monk, or Religious, his wife staying in the World, or remaining Secular. Nor on the Contrary, unless they were both past the works of the Flesh. XI. In the Advent of the Lord, fasting and abstinency from flesh was Commanded to all that could bear it, Especially to Clercs, and Knights or Military Men. XII. Jews or Jewish Clercs should not Exercise secular Authorities, i. e. Covetous and Usurers. XIII. Item de * These were French, not English pounds. novis libris Excommunicationis, etc. And the Goods of Dying people which the Priests carried away, and the Blessings in Marriage and Baptism, and of the Forty and Eight pounds which were Exacted for the absolution of Excommunicated persons, nothing was perfected, because the Bishops of Normandy would not receive that Decree. King Henry the Father [3] Hoved. f. 307. a. n. 40. King Henry gives the Arch-Bishopric to Richard Prior of Dover, etc. against the Prohibition of King Henry his Son, and after an Appeal made to the Pope, gave to Richard the Prior of Dover, the Arch-Bishopric of Canturbury. To Reginald the Son of jocelin Bishop of Salisbury the Bishopric of Bath. To Richard of Ivecester Archdeacon of Poitiers the Bishopric of Winchester. To Robert Foliot the Bishopric of Hereford, and To john Greneford the Bishopric of Chichester. After this [4] Gervas' Act. Pontific. Cantuar. Col. 1674. n. 10. The young King Appeals to Rome, and prohibits his Consecration. He obteins it from the Pope, and his Pall, and is made Legat. Richard had been Solemnly Elected at London, he went to Canturbury where all things were ready for his Consecration. But Letters being brought from the Young King, prohibiting, by Reason of his Appeal to the Pope, That no man should Consecrate him or any other, without his Consent who Bore the Crown of the Kingdom. The Bishops that were there ready to perform the Ceremony, trembling departed one from another, and the Arch-Bisho Elect went to Rome; and there after divers disputes with his Adversaries, was Consecrated by the Pope, and received his Pall and the Primacy of all England, and was also Constituted his Legat. Upon his Return to England he Consecrated the other Elects. The King [1] Hoved. f. 307. b. n. 10, 20 Rad. de Dicet. Col. 561. n. 60.562. n. 10. etc. The King humbles himself before the Sepulchre of Thomas. being in great straits by reason of the Rebellion of his Sons, the Confederacies of the King of France, and the King of Scots against him, and the Desertion of his own Nobility and Subjects, came into England, and humbled himself before the Sepulchre of the Archbishop. He [2] Ibid. f. 308. a. N. 30, 40, 50. A. D. 1174. The manner of the approach to the Tomb of St. Thomas and his humiliation before it Landed at Southampton on the 8 th' of July, and the next day went towards Blessed Thomas of Canturbury the Martyr, (the words of the Historian) and when he came so near as he could see the Church where the Body of the Blessed Martyr was Buried (in qua Corpus beati Martyris sepultum fuit) he left his Horse, and pulled off his Shoes, he went Barefoot three Miles to the Sepulchre, in such Humility and Compunction of heart, That it was believed undoubtedly, to have been his Work, That beholds the Earth and makes it Tremble, (qui respicit terram, & facit eam tremere.) When he came to the Tomb, it was Pious to behold in what affliction he appeared with Weeping and Sobbing, and the * That is, he was whipped by the Bishop's Priests, and, Monks, and had three or five lashes from every one. Discipline he received from the hands of the Bishops, many Priests, and the Monks (cum autem ad tumbam veniret, Pium erat intueri, afflictiones quas faciebat, cum fletu singultuoso, & * Carnem suam Nudam Disciplinae virgarum suppone●s, à singulis viris religiosis, quorum multitudo magna Convenerat, ictus ternos, vel quinos accepit. Mat. Paris f. 130. l. 6 Disciplinas, quas de manu Episcoporum, Sacerdotumque plurimorum & Monachorum recepit.) And stayed all night before the Sepulchre of the Blessed Martyr, in Prayer, Fasting and Weeping, being assisted by the Suffrages of many holy men. The Gifts and Revenues he bestowed upon that Church for the Remission of his Sins (saith the Historian) can never be forgotten. Next Morning early July 13 th' he heard Mass, and went towards London. And because he was mindful of God with his whole heart, (Et quia memor fuit Domini in toto Corde suo) He gave him Victory over his Enemies, and delivered them Captive into his hands: [3] Ibm. f. 308 a. n. 50. For that very day he left Canturbury, William King of Scots was taken at Alnwi●. And his Successes followed so fast one after another, that [4] Ibid. b. n. 30, 40. here f. 319. B, C, D, E, F. The Successes of the King ascribed to the merits and intercession of Thomas. within three weeks England was in Peace, and all the Strong-holds were delivered up to the King. All which were ascribed to his Devotion and Humiliation, but principally to the [5] Mat. Paris. f. 130. N. 40. merits and intercession of this New Saint thereupon. For before this time he had been [6] Append. n. 64. He is Canonised for a Saint Sainted or Canonised by the Pope, who for the Glory of his Merits, and the Miracles he had done, which were attested by the two Cardinals, and many others, having had a deliberate treaty with his Brethren, (the Cardinals about it) solemnly Canonised him, and Decreed him to be numbered amongst the Holy Martyrs, Commanding all the Faithful of England, by his Apostolic Authority, They should Celebrate the day of his Glorious Passion, every year with due Veneration, That they should by Solemn Procession place his Body upon an Altar, And the Pope Commanded he should be worshipped and Prayers made to him, etc. or Elevate it on high in a decent Shrine; and by fervent Prayers to him endeavour to merit Pardon for their sins. That he which in life suffered Banishment, and in his Death Martyrdom for Christ, being solicited by the Continual supplications of the faithful, might intercede with God for them. Amongst the several hundreds of Miracles he did, and wonders he wrought, take three or four of them from the [7] Hoved. f. 300. b. N. 30. His Miracles. Epistle of William Archbishop of Sens in France, which he wrote to the Pope against King Henry, Concerning the Death of Thomas. That after his Death he was seen by, and appeared to many, especially to one Neel an old Monk. That a Blind man anointed his Eyes with his Blood and received his sight, That the wax Tapers which stood about his Dead Body having been Extinguished, were by him lighted again. That after all funeral Ceremonies had been performed about his Carcase, (circa Corpus humanitatis) as it lay upon the Bier or Bearer, in the Chore, in the Morning he lift up his right hand and gave the Blessing. * f. 125. n. 50. Paris says he restored the Dead to Life, and not only men and women but also Birds and Animals Restituitur vita mortuis (speaking of his Miracles) & non solum utriusque sexus homines, verum etiam Aves, & animalia de Morte reparantur ad vitam. He was at first but indifferently [8] Somn▪ Antiqu. of Canturbury, p. 177, 178. Buried, and laid in an Ordinary Tomb, about the Lady-Chappel in a Vault called Vndercroft; But fifty years after, (A. D. 1220.) the year of his first Jubilee [9] Ibidem. p. 245, 246. Thomas his Translation. his Body was taken up with great Solemnity, and laid in a most Rich and Sumptuous Shrine at the East-End of the Church, at the Charge of Stephan Langton his Successor. Concerning this Translation [1] f 310. n. 10. Mat. Paris says his Body was taken out of a Marble Coffin, by Stephan Archbishop of Canturbury, the King being present, and almost all the Bishops of the Kingdom, with the Abbats, Priors, Earls, Barons, Clergy, and much People, and placed honourably in a Shrine wonderfully wrought with Gold and precious Stones. There were present at this Translation, Arch-Bishops, Bishops, Abbats, Priors, and many others of France, and divers other Nations, who came cheerfully to so great a Solemnity in Honour and Reverence of the Blessed Martyr, who shed his Blood for the Universal Church. (Qui pro Vniversali Ecclesia Sanguinem suum fundere non timuit.) Paris says this Translation was in crastino Octavarum Apostolorum Petri & Pauli. That is, the 7 th' of July, on which day says Mr. Somner in the [2] p. 246. Antiquities before cited, there is a Fair at Canturbury Called Beckets Fair. Beckets Fair. And in Norfolk, there is on the same day one at Bromhill near Brandon- Ferry, and another at Westacre about four Miles Distant from Swifham, both called Beckets Fair, and in both places there are old R●nous Chapels, which were undoubtedly Erected and Dedicated to him. The Jewels That belonged to this [3] Ibid. p. 247. The Richeses of his Shrine. Shrine were shown, being touched with a White Rod, and their Names, Price, and Donor Declared, and the spoils of it in Gold and Jewels of an inaestimable [3] Ibid. p. 247. The Richeses of his Shrine. value filled two great Chests, one of which six or eight strong men could do no more than carry out of the Church. This Shrine had a Clerc and certain reteinors that constantly attended upon it, [4] Ib. p. 248. in Regard of the Treasure that was about it, and also of the continual offerings thereunto, by such as came to visit it, or came on Pilgrimage to it. Mr. Somner says he had seen the Accounts of the Annual profits of it, which above 300 years since amounted to 200 l. per Annum, and within six or Eight years afterwards they were more than Trebled. This Saint's [5] Ibidem. His Jubilee once in fifty years. jubilee was kept every fiftieth year after his Death, and 'tis almost incredible what numbers of people flocked to Canturbury to the Solemnising of it. In the Year 1420. there were by Estimation an hundred thousand people, English and Strangers, Irish, Welsh, Scots, French, Normans, and from Garnsey and Jersey, as appears upon [6] Append. n. 65. The vast number of people that flocked at a time to Canturbury. Record, That came thither to procure the health or salvation of their Souls, and for whom the Bailiffs Commanded the Citizens to provide sufficient Lodgings, and the Victuallers, Tavernors, Brewers, Bakers, Butchers, Fishmongers, Cooks and Hosts, sufficient Victuals against the time of their coming. The Archbishop of Canturbury [5] Hoved. f. 310. a. n. ●0. A. D. 1175. held a Council at London in Westminster before the two Kings, and by their assent and desire on the Sunday before Ascension day, upon the 15 th' of the Kalends of June, (that is the 18 th' of May.) Celebravit [6] Ben. Abb. p. 62. a. An Ecclesiastic Council held at Westminster. Cantuariensis Archiepiscopus Richardus Consilium apud Londonias Westmonasterio, coram predictis Regibus, Et assensu & voluntate corum die Dominica xv. Kal Jami. For the Canons of this Council see the [7] Append. N. 66. Appendix. In this Council, [8] Hoved. f. 311. a. n. 40. A Controversy in that Council about bearing the Cross between the two Arch-Bishops, etc. The Clercs of the Archbishop of York claimed a right of That Church to carry up the Cross in the Province of Canturbury; They claimed also on behalf of their Archbishop, The Bishoprics of Lincoln, Chester, Worcester, and Hereford, as belonging to his Province; and Appealed to Rome: They also Appealed to the Pope concerning the Sentence of Excommunication, against the Clercs of the Archbishop of York that officiated in the Chapel of St. Oswald in Gloucester; for that they would not attend the Archbishop of Canturbury upon his Summons as the Clercks' of his own Province did. A little before [8] Ibidem fol. 313. a. N. 10. A Cardinal sent into England. The King makes peace between the Arch-Bishops. the Feast of All Saints this year, Cardinal Hugezun the Pope's Legate, at the King's request came into England, and found him at Winchester, making an Agreement between the two Arch-Bishops, and at length by the Kings interposing it was Agreed, That the Archbishop of Canturbury, should release his claim to the Chapel of St. Oswald, and absolve the Clercs of the Archbishop of York which he had Excommunicated. And as to carrying the Cross and other Controversies between the two Churches, They were to stand to the Judgement of the Archbishop of Roven and other Neighbour Bishops of France. Cardinal Hugezun [1] Ibidem. N. 30. The Cardinal gives the King leave to implead Clercs. Gave the King leave to implead Clercs, for trespasses done in his Forests, and for taking of Venison. Upon [2] Append. N. 67. Agreement between the Kings of England and Scotland made at York; The heads whereof are here recited f. 323. F. and f. 324 A. B. C. D. Richard Bishop of St. Andrews, and Richard Bishop of Dunkelden, Geofry Abbot of Dunfirmelin, Herbert Prior of Coldingham, and the other Bishops and Clergy of Scotland, Granted That the Church of England should have That power in the Church of Scotland which of right it ought to have, and That they would not be against the right of the Church of England. Taxes in this Kings Time. A Scutage near the beginning of his Reign, not to be found what it was. A Second Scutage to raise men for the [1] See here f. 301. F. A. D. ●159. 5. Hen. 2. Siege of Tholose 180000 l. Hoc Anno Rex Henricus Scotagium sive Scutagium de Anglia accepit, cujus summa fuit, centum millia, & quater viginti millia Librarum Argentt, and the like of his other Countries, Gervas' Chron. Col. 1381. lin. 3. A Third Scutage in the 7th of his [2] Lib. Rubr. in Scaccario. A. D. 1166. Reign for the Siege of Tholose at two Marks every Knights Fee. In the 12 th' of his Reign two pence in the pound [3] Chron. Gervas'. Col. 1399. N. 10. A. D. 1166. for the first year, and a penny in the pound for four years after, of all Rents and Movables for Defence and assistance of the Church, & Terrae Orientalis, of the East Land, (suppose the holy Land.) A Fourth Scutage [4] Lib. Rubr. in the 14th of his Reign at a Mark a Knights Fee. A Fifth Scutage in the 18th of his Reign not known what it was. See here f. 342 F. & f. 344. A. In the last year of his Reign, a Tenth of all moveables for the Crusado or expedition into Holy Land. Many more there must have been, seeing his whole Reign was a continual Course of War, and that very Expensive at home, in France and Ireland. Though we find no larger Account of them. The Issue of King Henry the Second. HE Married [1] See here f. 291. C. D. Alianor Sole Daughter and heir to William Earl of Poicton and Duke of Acquitan about Whitsunday in the year 1151. after she had been lawfully divorced from Lewis the 7th King of France, about the Close of Easter Preceding. By [2] Chron. Norm. f. 989. B & Mat. Westm. A. D. 1152. William. whom he had William his Eldest Son born on the Octaves of St. Laurence (or 17th of August) in the year following 1152. before he was King. This William Died in the latter end [3] Chron. Norman. f. 992. B. of June, or beginning of July 1155. and was Buried in the Monastery of Reading at the Feet of King Henry the First. Henry. Henry by the same Alienor was born at London on the day before the [4] Ibidem f. 991. lin. 1. Kalends of March (i. e. the 28th of February) 1154. Mat. Westm. says 1155. On the [5] Ibidem A. tenth of April following King Henry caused his great men of England at Wallingford to Swear Fealty for that Kingdom unto his first born William, and after his Death unto this Infant Henry. In August 1157 the two [6] Ibidem. f. 994. A. and here f. 300. D. Kings of England treated of a Marriage between this Henry and Margaret Daughter of King Lewis by Constance his Second Wife, Daughter of Alfonso King of Spain. And the next year A. D. 1158. the [7] Mat. West. A. D. 1158. Marriage was * See here f. 303. B. C. Solemnised or rather according to the same Author. A. D. 1160. He Died without Issue. Richard the Third Son by the same Woman was [8] Chron. Norman. f. ●93. D. Mat. Westm. A. D. 1156. born in September according to the Norman Chronicle A. D. 1156. Richard. which could not be so, if Mat. Westm. writes true; for he says his eldest Daughter Maud was born that year; Richard married Berengaria Daughter to the King of Navarre [9] Rad● de Diceto. Col. 657. n. 30. whom his mother Queen Alianor carried after him to Sicily when he was in his expedition to the Holy Land, and was married to her afterwards in the Isle of Cyprus, but died without Issue. According to Ralph de Diceto * Ibidem. Col. 531. n. 20. he was born in the year 1157. at Oxford. Geofry the 4th Son of the same King and Queen, Geofry. was [1] Chron. Norm. f. 994. B born on the ninth of the Kalends of October, or 23d of September A. D. 1157. or more truly according to [2] Col. 531. n. 30. Ralph de Diceto in the year 1158. He was by his Father's Contrivance [3] See here f. 305. C. Married to Constance only Daughter and heir of Conan Earl of Britain and Richmond. When he was killed he left her great with Child, of [4] Walsingh. f. 452. n. 30. & Hou. f. 361. b. n. 10. which she was Delivered on Easter Day 1187. and he was named Arthur; who was taken Prisoner in the year 1199. at Mirabell Castle in Normandy, and as it was reported, [5] Chron. Norm. f. 1005. D. & Walsingham ut supra f. 459. lin. 5. A. D. 1203. killed by his Uncle John with his own hands. This Geofry had also a Daughter named Alianor only Sister and heir to this Arthur, she was sent by her Uncle King John into England and imprisoned, where she Died in the [6] Mat. Paris f. 574. n. 40. John. year 1241. in the 25th of Hen. III. a Virgin. John the fifth and youngest Son of this King and Queen, was [7] Genealog. Histor. f. 81. Mat. Paris f. 127. lin. 6. born at Oxford on Christmas Eve in the year 1166. Their Daughters. MAud the eldest [8] Rad. de Diceto. Col. 531. n. 20. born A. D. 1156. and was Married to Henry Duke of Saxony [9] Hoved. f. 282. a. n. 40. in the year 1164. Alianor the Second Daughter was [1] Rad. de Diceto Col. 533. lin. 6. born in the year 1162. and was Married to Alphonso [2] Hoved. f. 317. a. n. 50. King of Castille in the year 1176. Joan the Third Daughter was [3] Rad. de Dicet. Col. ●39. n. 30. born in the year 1165. she was Married to William [4] Hoved. f. 315. a. n. 10. King of Sicily in the same year 1176. His Base Issue. WIlliam [5] Dugd. Baron. Tome 1. f. 175. Col. 1.2. Longespee or Long-Sword, so named from the Long-Sword he did usually wear, begotten of fair Rosamund Daughter of Walter Lord Clifford; To whom [6] Ibidem & Hoved. f. 436. b. n. 50. King Richard his half Brother gave in Marriage, Ela the Daughter and heir of William Earl of Salisbury, and with her the Earldom. Geofry another Base Son was Born of the same Lady, he was Bishop Elect of Lincoln from the [7] Hoved. f. 307. b. n. 10, 20. f. 348. b. n. 30, 40. year 1174. to the year 1181. without being in Orders or Consecrated, when he renounced his Election, by the King's Advice, and the Pope's Mandate to the Archbishop of Canturbury, That he should Either take Orders, and be Consecrated, or renounce. And then the King gave [8] Ibidem f. 349. a. n. 10. him his Chancery (dedit ei Cancellariam suam) and 500 marks of Rent in England, and as much in Normandy. Morgan was also reported to be a Son of this King Henry, but by what woman not Known, to whom his Brother Geofry then Archbishop of York gave the Provost-ship of Beverly [9] Ibid. f. 468. a. lin. 1. A. D. 1●●2. Praeposituram Beverlacensem Gaufridus Eboracensis Archiepiscopus Dedit Morgan fratri suo filio Henrici Regis ●t Dicebatur. THE REIGN OF King Richard I. AFter the Funeral of his [1] Hoved. f. 373. a. n. 10. Father, Richard secured Stephan de Turons (of Tours) or as Mat. Paris, Stephan de Turnham Seneschal of Anjou, and loaded him with Irons, until he delivered the Castles and Treasure of his Father; The Castles and Treasure of his Father delivered to Duke Richard. which he had in his Custody, and squeezed him to the last Farthing. Then he came to Roven, where Walter Archbishop of that Place, in the presence of the Bishops, Earls, and Barons of Normandy, gird him with the Sword of that Dukedom on the 20th of July; He is girt with the Sword of the Dukedom of Normandy. A. D. 1189. and the Day after he received the Oaths of Fidelity or Fealty from the Clergy and Laity, (à Clero & Populo;) And on the 3d Day, which was th● 22d of that Month, he met the King of France between Chaumont and Try in V●uxin Francois, in which Treaty, [2] Ibid. n. 20. he Demanded of the Duke the Town and Castle of guysor's, with the Country about it, who unwilling to part with that Fortress, added Four Thousand Marks in Silver to the Twenty Thousand his [3] See here f. 349. lin. 1. he pays the King of France 24000 Marks. Father engaged to pay him, and so obtained his Love and Favor. And the King of France Restored unto him all things which he had taken from his Father in the last War, as well Castles, as Cities, and Fortresses, Towns, and Lands. While he remained in Normandy, His Mother Queen Alienor released Prisoners. his Mother Queen Alienor went from City to City, and from Castle to Castle as she pleased; and sent Commissioners into all Counties for the Releasing of Prisoners, for the Soul of her Lord Henry; having learned from her own Experience, what Afflictions Prisons were. * F. 152. n. 20. Mat. Paris says, she had been closely imprisoned by her Husband Sixteen Years, and now her Son gave her leave to Direct and Order the Nation as she pleased in his absence. She Commanded [4] Ibid. n. 30. What sort of Prisoners were released. by Precept from the Duke her Son, That all who were taken for Trespass in Forests should be set at Liberty, and all that were Outlawed for any thing done in Forests, might return free, and acquitted from all Forfeitures. That all such as had been taken, and restrained upon the Kings Will and Pleasure, or upon the Will and Pleasure of his Justice, and were not imprisoned by the Common Accusation of the County, or Hundred, or upon an Appeal, should be Released; And such of Those as were accused by the County or Hundred that could find Sureties for their Appearance and Trial, if they were prosecuted, should be set at Liberty; Those also that were Imprisoned upon an Appeal for any Heinous Crime, if they had Sureties might be at Liberty. And all such as were Outlawed upon Accusations, upon Common Fame, might return and give Security to stand Trial; and such as were Outlawed upon Appeal, if they could make Peace with their Adversaries, might be free. All those that were Appealed by such as confessed themselves Malefactors, (Qui se Malefactores Cognoscunt) were Released; And those Malefactors, who had their Lives and Limbs given them for their Appealing others, were to Abjure the Realm, and Depart: And such Malefactors who voluntarily Appealed others, without a Pardon for their Lives and loss of Limbs, were to be kept in Prison until further Consideration. After which she Commanded [5] Ibid. n. 50. The Oath of Fidelity taken by all Freemen. That every Freeman of the whole Kingdom or Government should swear, (Et praecepit Quod unusquisque liberorum hominum totius Regni juraret) That he would bear Faith to Richard King of England, the Son of King Henry, and Queen Alienor, for the Preservation of their Lives, and Limbs, and their Terrene Honour, (Quod fidem portabit Domino Richardo Regi Angliae, filio Domini Regis Henrici, & Dominae Alienorae R●ginae de vita & membris suis, & honore terreno) As to their Liege Lord against all Men and Women that could Live and Dye, (sicut ligio Domino suo, contra omnes homines & foeminas, Qui vivere possunt & Mori) and That they would be obedient to his Laws, and would assist him in all things, for the Conservation of his Peace and Justice. (Et quod two Justiciabiles erunt, & auxilium ei praestabunt, ad pacem & Justiciam suam per omnia Servandam.) The Duke [6] Ibid. b. lin. 2. He restores Robert Earl of Leicester to his Estate, etc. returned to Robert Earl of Leicester all his Lands which his father had taken from him, and all those his Father had disinherited he restored to their former rights. He hated all those Clercs and Laics, which left his Father, and adhered to him, and turned them out of their Offices or Services, but such as served his Father faithfully, he retained, and enriched them by his Bounty. On the 13th of [7] Ibid. n. 10. August he came to Barbe●let (now Bar●leur) and sent before him Walter Archbishop of Roven; Henry Bishop of Bayeux, and john Bishop of Eureux, Baldwin Archbishop of Canterbury, Gilbert Bishop of Rochester, and Hugh and Hugh Bishops of Lincoln and Chester: He comes into England. and presently with his Brother john followed them into England, and landed them at Portsmouth [8] Ibid. n. 20.30. His great Bounty to his Brother John. . To whom he gave the Earldom of Moreton in Normandy, the Earldoms of Cornwall, Dorset, Somerset, Nottingham, Derby, and Lancashires, with the Castles of Marleburgh and Ludgarshal, with their Forests and all Appurtenances. The Castles de Pec and Bolsover; yet the Duke kept in each County some Castles and Honours. He also gave Earl John the Honours of Walingford, Tikhil, and hay; and likewise the Daughter and Co-Heir of the Earl of Gloucester, with that Earldom. He gave to William Marshal the Daughter and Heir of Richard Earl of Striguil, and with her that Earldom. While [9] Ibid. n. 50. The Bishop of Ely's Estate came to him, he dying Intestate. the King and his Court were at Winchester, Geofry Bishop of Ely Died there Intestate the 21st of September, and the King seized his Estate, which amounted to * This in those Days was accounted a vast Estate. 3000 Marks in Silver, and 200 Marks in Gold, besides his Vessels, Jewels, and Gold. At that time he caused his Bishops, Earls and Barons, to look into his Father's [1] Ibid. f. 374. a. lin. 1. His Father's Treasure of great value. Treasuries, where they found great Sums, which according to Tale and Weight, much exceeded 100000 Marks. [2] F. 152. n. 40. Winchester then was the King's Treasury. He makes choice of Ships for his Expedition into the Holy Land. Mat. Paris says there were found above 900000 Pounds in Gold and Silver, besides Vtensis, Jewels, and Precious Stones. Having taken an Account of his Father's Treasure, he sent his Officers and Bailiffs to all the Seaports in England, Normandy, Poictou, and his other Dominions, to make Choice of the Ships of greatest Burden, and caused them to be Victualled, Armed, and Furnished for his Expedition into the Holy Land, according to his Agreement with [3] See here f. 348. F. the King of France. From Winchester he came to London, and there was [4] Hoved. f. 374. a n. 10.20 His Magnificent Coronation. Crowned at Westminster on the Third of September, by Baldwin Archbishop of Canterbury. It was a Magnificent and Splendid Coronation, in the presence of the Bishops, Earls, Barons, and Great Men of the Kingdom, a Narrative whereof the Reader may find in Hoveden, and Matthew [5] F. 153. n. 10, 20▪ 30. etc. Paris, who related it from him; also in john Brompton, who * Col. 1157.1158, 1159. transcribed it verbatim from Paris, and may find it Translated in Mr. Sandford's Genealogical History of the Kings of England, Fol. 74. At his Coronation he [6] Hoved. ut supra. n. 50. His Coronation Oath. Swore he would keep Peace, Honour, and Reverence to God, Holy Church, and the Clergy all Days of his Life: Juravit quod ipse omnibus Diebus Vitae suae, pacem & honorem atque Reverentiam Deo, & Sanctae Ecclesiae & ejus ordinatis portaret. Then he Swore, That he would Exercise right Justice, and Equity, toward or amongst the People committed to him. Deinde Juravit Quod rectam Justitiam, & aequitatem Exerceret in populo sibi Commisso. Lastly he Swore, That he would abolish all Evil Laws and perverse Customs, if any had grown up in his Kingdom, and that he would make and Establish good Laws, and without fraud or art would preserve them. Deinde Juravit, Quod malas Leges, & consuetudines perversas, si quae in Regno suo inductae sunt, Deleret, & bonas Leges Conderet, & sine fraud, & malo Ingenio eas custodiret. After which, the Archbishop having anointed, put on his Vestments, and Robed him, [7] Ibid. b. lin. 6. The Archbishop delivers him the Sword of the Kingdom to suppress Evil-Doers to the Church. He forbids him to take upon him such Royal Honour, unless he meant to keep his Oath. Delivered him the Sword of the Kingdom to suppress the Malefactors of the Church. (Tradidit ei idem Archiepiscopus Gladium Regni ad Malefactores Ecclesiae Comprimendos.) And then the Archbishop forbade him in the Name of God, to take such Royal Honour upon him, unless he intended inviolably to Keep the Oath he had made. [8] Ibid. n. 10. The King answered he would by the help of God keep it without fraud. And then he took the Crown from the Altar and Delivered it to the Archbishop, and he placed it upon his Head. (Archiepiscopus prohibuit ei ex parte omnipotentis Dei, ne hunc honorem sibi assumeret, nisi in ment haberet supradicta Sacramenta & vota Quae fecerat inviolabiliter servare, & ipse Respondet, se per Auxilium Dei omnia servaturum sine fraud. Deinde ipse cepit Coronam de Altari, & tradidit eam Archiepiscopo, & Archiepiscopus ei, & posuit eam super Caput illius.) Paris and Brompton have the same things in their Relations of this Coronation in the places before-cited. The Report of this Solemnity by Ralph de [9] Col. 647. n. 40.50. Diceto then Dean of St. Paul's, who in the vacancy of the Bishopric of London, assisted at this Coronation, Ralph de Dice●o his Account of this Coronation. and Delivered the Oil and Chrism with which the King was anointed, to the Archbishop as he used it, Differs from the precedent Account; As to the Oath, and as to the Circumstance of the Arch-Bishops prohibition, he hath not one word of it: his words are only these. Comes Pi●avorum Richardus, Haereditario jure, And of his Coronation-Oath. promovendus in Regem, post tam Cleri quam Populi solennem & Debitam Electionem involutus est triplici Sacramento, scilicet, quod opem impendet pro viribus, ut Ecclesia Dei, populusque Christianus, veram pacem obtineat; Quod interdicet omnibus Rapacitatem, Quod in Judiciis aequitatem praecipiet & Misericordiam. Richard Earl of Poictou, being by Hereditary right to be Crowned, after a Solemn and due Election by the Clergy and Laity, took a threefold Oath, That he would do his utmost, that the Church of God, and the Christian people might enjoy Peace, That he would prohibit Rapine, That he would Command Judgements, and Sentences to be done in Equity and Mercy. Many Jews came to this Coronation against the King's [1] Mat. Paris f. 154. n. 10. Hoved. f. 374. b. n. 30. prohibition; The Courtiers beat them cruelly out of the Church, and pillaged them; The City Rabble hearing of it, fell upon them in the City, killed many of both Sexes, pulled down their houses and plundered them, Jews cruelly abused, and Murdered. and under pretence of being Jews burned and pulled down many Christians Houses: Next Day the King sent his Officers, and apprehended several of the Chief Malefactors; and caused them to be hanged. The Second Day of his Coronation Richard King of England Received the [2] Hoved. ut supra. & f. 375. a. n. 10. Homages and Fealties of the Bishops, Abbats, Earls, and Barons, and then exposed to sale his Castles, Towns and Lands. He sold to Hugh Bishop of Durham, and by his Charter gave and granted to the Church of Durham in pure and perpetual Alms, He receives the Homages and Fealties of his Nobility, and exposes his Castles and Towns to sale. The Manner of Sadbergh with the Wapentac and Knights Fees belonging to it. For 600 Marks of Silver [3] Ibid. f. 37●. a. n. 10. Godfrey de Luci, when Bishop of Winchester bought of him Weregrave, and Menes; and Samson Abbot of St. Edmunds-Bury bought of him the Manner of Mildenhal for a 1000 Marks, and any other people that would, purchased of him, by which means he raised a great Sum of Money, [4] Ibid. f. 375. a. n. 40. and Mat. Paris, f. 154 n. 50. He makes the Bishop of Durham Justiciary for a Sum of Money. The Bishop of Durham bought of the King the Earldom of Northumberland for a great sum of Money, and gave him a 1000 Marks for to be Justiciary of England. On the 16th of [5] Paris and Hoveden ut supra, n. 50. He disposed of the Bishoprics by the ●ice of his Bishops and Great 〈◊〉. September the King went to the Abbey of Pipewel in Northamptonshire, and by the advice of his Bishops, and other great men, gave unto his Brother Geofry the Arch-Bishopric of York, to Godfrey de Luci the Bishopric of Winchester, to Richard Archdeacon of Ely the Bishopric of Londo●; To Hubert Walter the Dean of York, the Bishopric of Sa●isbury, and to William Longchamp the Bishopric of Ely. In this [6] Hove●. f. 375. b. n. 20. Council the King constituted Hugh B●sh●p of Durham, W●lliam Earl of Albemarle his Chief Justice's of England, and associated to them in the Government of the Kingdom, William Mareshall, and Geofry Fi●z-Peter, William Bruer, Robert de Whitefield, and Roger Fitz-Remfrid. In the mean while he had [7] Ibid. n. 30▪ He writes to the Pope to acquit some of his Subjects from the Service of the Cross. sent to Pope Clement, and obtained his Bull, That all such as he would permit to stay at home for the Guard of his Kingdom, should be acquitted from the service of the Cross they had sworn to perform, by which power and indulgence, he acquired very great Sums of Money. In the Month of November [8] Ibid. f. 376. a. n. 20.30. A. D. 1189. The King of France gives him notice he had undertaken the Crusado, and would be ready by Easter. Rotrod Earl of Perch, and other Envoys of the King of France, came into England and acquainted King Richard, that he in a great Council at Paris, and all the great men of his Kingdom who had undertaken the Crusado, had Sworn (God Willing) to be at * Now Vice●iacum. Vizeliacum (Vezelay in Burgundy) in the close of Easter, to go forward to jerusalem, and in Testimony he had made such Oath, he sent him his Chart, desiring that he and his Earls and Barons would give him the like security to be there at the same time. Whereupon King Richard and his Earls and Barons, which had undertaken the service of the Cross (in generali Concilio apud Londonias) in a General Council at London (or as [9] F. 155. n. 50. He and his Great Men promise the same. Paris, Convocatis Episcopis & regni proceribus apud Westmonasterium, etc.) did swear That by the help of God they would be there at the same time, ready to go on as Desired; and Rotrod Earl of Perch and the King of France his Envoys did swear the same thing on behalf of him in that Council: and William marshal and other on behalf of the King of England took the same oath before the King of France his Envoys in that Council, whereof King Richard sent to him the Chart. At this time there was a great Controversy, A Controversy between the Archbishop of Canturbury and the Monks of Holy Trinity. between Baldwin Archbishop of Canturbury, and the Monks of Holy Trinity there (of which the Reader may see Gervase of Canturbury his Chronicle in this year) and in this Month john Anagninus a Cardinal was [1] Ibid. f. 377 n. 10. The Pope sends one to determine it, but is prohibited by the King. The King comes to Canturbury and composes it. sent from the Pope to Determine it; he came as far as Dover, and was prohibited to proceed further unless by the King's Command; in the mean while the King came to Canturbury and made concord between them, upon these Terms, That Roger le Norreis whom the Archbishop, against the will of the Monks had made Prior in the Church of Canturbury should be Deposed, and the Chapel which the Archbishop had, built in the Suburbs of the City, against their mind also should be Demolished, and that the Monks should perform their obedience and profession to the Archbishop as their predecessors had done. Upon the Accord the King at the Request of the Archbishop made the deposed Prior Abbot of Evesham. After this [2] Ibid. n. 30. peace made the King sent for john Anagnin the Cardinal, who came to Canturbury, and was received with Solemn procession, yet took it ill, that the Agreement was made between the Archbishop and Monks, in his Absence. In the same [3] Ibid. n 40.50. Month of November Geoffrey Elect of York, with the Barons of Yorkshire, and the Sheriff, by the King's Command went to the River tweed, and there received William King of Scots, The King of Scots does Homage to King Richard. He delivers Roxburgh and Berwic Castles to him. And releases the subjection of the Kingdom of Scotland. and conducted him to the King at Canturbury, where he arrived in the Month of December, and did him Homage for the Dignities he was to have in England, as his Brother Malcolm had them before. And King Richard delivered him the Castle of Roxburgh, and the Castle of Berwic, and Quiet claimed, and acquitted him and his heirs for ever from all Allegiance to himself, and the Kings of England, and also released the Subjection of the Kingdom of Scotland. And for this Restoring of his Castles, and quiet-claiming of the Fealty and Ligeance of the Kingdom of Scotland, and that he might have King Richard's [4] Append. n. 68 Chart thereupon, he gave him ten thousand Marks Sterling. On the [5] Hoved. f. 377. b. n. 30. Geofry Elect of York Appealed against by the Bishops of Durham and Salisbury. same day at Canturbury, Hugh Bishop of Durham and Hubert Bishop of Salisbury Appealed against Geoffrey Elect of York to the Pope before the said Cardinal endeavouring to prove his Election void, because they who were to have had the first suffrages were not present, and Bucard Treasurer of the Church of York, and Henry Dean of the same Church, did also appeal against him, denying his Election to have been Canonical for that he was a manslayer, begot in Adultery, and born of an Harlot. (Tum quia homicida erat, His Election confirmed by the Cardinal Legat. tum quia erat in adulterio genitus, & de Scorto natus) But altho' these things were objected against him, yet john Agnin Cardinal and Legate of the Apostolic See Confirmed his Election. After these Dispatches on the [6] Ibid. n. 40.50. fifth of December the King went to Dover, where a Fleet attended to waft him over into France: and the next day Roger Elect of the Abbey of St. German at Seleby, by the Kings Command received his Benediction from Hugh Bishop of Durham, against the Prohibition of Geoffrey Elect of York: who seeing without Money he could not obtain his Brother's favour, He promises the King 3000 l. and is restored to the Archbishopric. promised him Three Thousand Pounds Sterling, and the King restored him the Archbishopric, (i. e. the Temporalities) and Confirmed it by his Chart: he also restored all his Lay-Fees in England, and beyond Sea which King Henry his Father had given him. [7] Ibid. f. 3 8. a. lin. 3. Many Privileges and Immunities granted and confirmed to the Church of York. He also Quiet Claimed to God, Saint Peter of York, and to Geofry the Elect and his Successors, all their Lands, and the Lands of their Canons for Ever from all Exactions and Grievances of the Forest, or Foresters, and gave them free leave and power to hunt in all their Lands in Nottingham and York-shires. Then also [8] Ibid. n. 10. The Appeals against the Elect of York released. Hugh Bishop of Durham, Hubert Bishop of Salisbury, Henry Dean of York, and Bucard Treasurer of the same Church, by the Kings Command Released their Appeals, which they had made against the Elect of York; and he at the Request of the King Confirmed to Henry the Deanery of York, and to Bucard the Treasury, and to Hugh Bishop of Durham all those Privileges and Agreements which had been between him and Roger Archbishop of York; promising to Confirm all those things with the Seal of his Consecration. From Dover the [9] Ibidem. King with the Cardinal, Walter Archbishop of Roven, Henry Bishop of Bayeux, and john Bishop of Eureux, passed to Calais on the 11th of December, where Philip Earl of Flanders met, and received him with great Joy, and Conducted him into Normandy. He left behind him [1] Ibid. n 20. Hugh Bishop of Durham, and * William de Magnavil Earl of A●bemarl Died at Roven in November. See Hou. f. 376. a. n. 20. The Bishops of Durham and Ely made Chief Justices. They contend about Power. William Bishop of Ely his Chief Justices, and associated to them before his Departure Hugh Bardolf, William Marshal, Geofry Fi●z Peter, and William Brever. He Delivered to the Bishop of Ely his Chancellor one of his Seals, by which He Commanded his Precepts should be made in the Kingdom, (per quod fieri praecepit, Mandata sua in Regno.) He Delivered him also in Custody the Tower of London; and to the Bishop of Durham the Castle of Windsor in Custody, with the Forests and County. The King was no sooner gone, but his two Chief Justices contended about Power; that which pleased one, displeased the other. In the year 1190. King Richard kept the [2] Hoved. f. 378. a. n. 40.50. A. D. 1190. first Christmas after his Coronation at Bure in Normandy, with the Great Men of that Nation. After that Solemnity, Philip King of France and he met and Established a firm Peace between themselves and Kingdoms, A firm Peace Established between the Kings of England & France. which was Written and Confirmed by their Oaths and Seals on the Feast of St. Hillary (Jan. 13th) and the Archbishops and Bishops of both Kingdoms agreed to it, In the word of Truth, (in verbo veritatis) and the Earls and Barons of both Kingdoms, swore they would faithfully keep that Peace; which was, [ ] Append. n. 69. The Articles of the Peace. That they should both preserve the Honour of each other, and keep Faith to one another, in Defending their Lives, Limbs, and Terrene Honor. That neither should fail the other in the Management of their Affairs: But that the King of France should help the King of England to Defend his Land as if he were to Defend the City of Paris, if it were Besieged. And so King Richard was to Defend the King of France his Dominions as he would Defend Roven if that were Besieged. [4] Ibid. b. lin. 3. The Earls and Barons of both Kingdoms swore They would not Departed from their Fealty to their Kings, nor make any War or Broils within their Dominions while they were in their Peregrination; and the Archbishops firmly promised in the Word of Truth, That they would Anathematise the Transgressor's of this Peace and Agreement. They further agreed, That if either of them Died, the Survivor should have the Money, and Men of the Defunct, to carry on the Service of God. And because they could not be ready by the Close or Octaves of Easter, they Deferred their Voyage until Midsummer. After [5] Ibid. n. 30. King Richard sends for his Mother, his Bishops and Brother to come to him into Normandy. The Bishop of Ely Chancellor made chief Justiciary by the King. Candlemass the King sent for Queen Alienor his Mother, Alice Sister to Philip King of France, Baldwin Archbishop of Canturbury, john of Norwich, Hugh of Durham, Godfrey of Winchester, Reginald of Bath, William of Ely, Hubert of Salisbury, Hugh of Chester, Bishops, and Geoffrey Elect of York, and his Brother john Earl of Moreton, to come to him into Normandy, and having advised with them, he constituted William Bishop of Ely his Chancellor Chief Justice of England (Summum Justitiarium Angliae) and granted to Hugh Bishop of Durham, the Office of justiciary from the River Humber to the confines of Scotland, (& Concessit Hugoni Episcopo Dunelmensi Justitiarium à fluvio Humbri usque ad Terram Regis Scotiae.) [6] Ibid. n. 40. His Brothers John and Geofry swear they would not go into England in three years without his ●ave. John Earl of Moreton released from his Oath. And made his Brothers john Earl of Moreton and Geoffrey Elect of York swear they would not go into England within three years' next following without his leave, yet soon after he released his Brother john from his Oath, and gave him leave to return to England; Upon his making another Oath that he would faithfully serve him. From [7] Ibid. & n. 50. He writes to the Pope to make his Chancellor Legate. Normandy he sent his Chancellor into England, to prepare all things necessary for himself and his Expedition; and designing to Exalt him above all the Clercs and Laics of his Kingdom, He sent to Pope Clement and prevailed with him to Commit to him the * See Append. n. 70. * ●cest the King or his Chancellor 1500 Marks. See Hoved. f. 380. b. n. 10. Legantin Power of all England and Scotland, or rather Wales. His Chancellor at his return encompassed the Tower of London with a Deep Ditch, intending the Thames should flow about it; and [8] Ibidem. The Chancellor encompassed the Tower of London with a Ditch. And levies an Aid for the King's use. Took for the King's use of every City of England two Palfreys, or Saddle Horses, and two Sumpters, as an Aid, and of every Abbey one Palfrey, or Saddle Horse, and one Sumpter, and of every of the King's Manners, as of the Abbies. These horses undoubtedly were to be employed in the War he was undertaking, though 'tis not said so in the Historian. On the 16th of [9] Ibidem, f. 379. a. lin. 1. The Jews shut themselves up in the Tower of York for fear of the Christians. They refuse to deliver it upon demand. They cut one another's throats rather than yield. March, and upon the Eve of Palm-Sunday, the Jews of the City of York, by consent of the Constable and the Sheriff shut themselves up in the Tower there for fear of the Christians, and when the Constable and Sheriff Demanded the Tower of them, they refused to deliver it, whereupon the citizens, and Strangers which came to the County Court, (Populus Civitatis, & Extranei, qui ad Comitatum venerant,) at the Request and by the encouragement of the Sheriff and Constable made an assault upon them, which they continued Night and Day, so as the Jews offered a great Sum of Money for Liberty to be gone, but the people would not accept it. These Jews were all destroyed. The Historian reports that finding they must fall into the Hands of the Christians, by agreement and Consent they cut one another's throats, rather than they would Die by the hands of the incircumcised, and enemies to their Law. However it was, [1] Ibid. n. 20.30. The * See Append. n. 71. what Power he gave him. The Chancellor comes to York and displaces the Sheriff and Constable of the Tower. Chancellor, now also the Pope's Legate and justiciary of all England, after Easter came to York with a great Army to take those malefactors which destroyed the Jews, and knowing it was done by the Command of the Sheriff and Constable, he Displaced them both, and took of the citizens an hundred Pledges for the keeping of their faith and peace to King and Kingdom, and that they would stand to the Law in the Kings-Court concerning the Death of the Jews. And the Knights or Military Tenants of the County, That is, the Strangers which were Suitors and came to the County-Court as above, which would not come to right, or rather appear to the Accusation, he caused to be apprehended; (Milites autem provinciae, Qui ad Rectum noluerunt venire, praecepit Comprehendi.) At this time by the [2] Ibid. n. 40. The Bishop of Durham returns into England. King's leave Hugh Bishop of Durham returned into England and met the Chancellor at Blithe in Nottinghamshire, and delivered him the King's Letters Patents by which he had made him justiciary from the River Humber, unto the confines of Scotland: He told him he was ready to obey the King's Commands, and carried him with him to Suthwell in the same County, and kept him until he had delivered Windsor Castle, and the rest which the King had given him in Custody. He also Delivered his Son Henry Pudsey (de Puteato) and Gilbert de Lalea pledges for his faith to the King and Kingdom or Government [3] Ibid. n. 50. when the Bishop was free, he went to his Town of H●vedene; where when he had stayed some days came Robert Longchamp, Brother to the Chanchellor, and William de Stutevill with many armed people, He is ill treated by the Chancellor. and would have taken him away by command of the Chancellor: But he gave security he would not stir from thence without leave of the King or Chancellor. The Bishop sent his Messengers to the King to inform him of all things the Chancellor had done. The King was at Marseille, where the Bishop's [4] Ibidem. f. 380. a. n. 20. He informs the King of it, and is by his precept restored to his possessions. Messengers came to him; and having heard the Injury done to him by the Chancellor, he sent a Precept for the Delivery and possession of the Earldom of Northumberland, and Manner of Sadberg, according to the Charter he had made, and that these were detained, in all probability, was the only Complaint of the Bishop's Messengers, and the quarrel between him and the Chancellor; for the King takes no notice of any thing else, not the least of any other injuries done him. From Normandy the King went to [5] Ibidem. f. 379. b. l. 5. Chinon in Anjou, and there made Gerard Archbishop of _____ Bernard Bishop of Baion alias Bayeux, Robert de Sabloil, Richard de Camvil, and William de Forz de Vlerun, the Commanders of his whole Fleet. Deinde perrexit Rex Angliae in Andigaviam ad Chinonem, & ibi Constituit Girardum * What Archbishop this was, whether it might not be of Angiers or Auxe●●e, I know not. Anxiensem Archiepiscopum, & Bernardum Episcopum de * False Printed, it should be Baioce●sem, See there f. 380. b. n. 40. Baiona, & Robertum de Sabul, & Ricardum de Canvill, & Willielmum de Forz de Vlerun Ductores & Constabularios totius Navigii sui. The Commanders, or as the Historian calls them, Constables of his Fleet being appointed, by the Advice of heroic Discreet men, He made [6] See Append. n. 72. Laws made for preservation of Peace and Amity in the Fleet and Army. Laws for prevention of Quarrels and Mischief, and preservation of Peace and Amity in it, which were, That if any one Killed a man in a Ship, he was to be bound to the Dead man and thrown into the Sea: if he Killed on Shore, he was to be bound to the Dead man and Buried with him. If any one was Convicted by lawful Witnesses that he drew his Dagger or Knife to hurt another, or drew Blood, he was to lose his Hand. If any one struck another with his open hand without Effusion of Blood, he was to be Ducked thrice over head and ears in the Water. If any one gave to his Companion opprobrious Language, so often as he did it, he was to give him so many Ounces of Silver. If any one Stole any thing, his head was to be shaved, and boiling Pitch poured upon it, and Feathers stuck in it that he might be Known, and the first Land the Ship came to he was to be thrown out of it. [7] Hoved. ut supra n. 10, 20. And in another Edict or Writ (in alio Brevi suo) That all persons in his Fleet should obey the Commands and Orders of the Officers he had appointed (ut obedirent Dictis & Preceptis praedictorum justitiariorum Navigii sui.) From Chinon he went to [8] Ibid. n. 20, 30. King Richard receives the Scrip and Staff of Pilgrimage. A. D. 1190. Tours, and there received the Scrip and Staff of Pilgrimage from the hands of the Archbishop, and passed on to Vezelay, where he met the King of France, where they stayed only two Days, and left that place on the first of July, and went forward to Lions, and passed the River Rhosne, and there parted, their numbers not permitting them to keep the same course; the King of France taking his way to Genoa, and the King of England to Marseille. To which place [9] Ib. b n. ●0. Baldwin Archbishop of Canturbury, Hubert Bishop of Salisbury, He had a presperous Voyage to Acon. and Ranulf de Glanvill sometime justiciary of England came with the King, and shipped themselves and had a prosperous Voyage to Acon. john [1] Ibidem. The Bishop of Norwich is absolved by the Pope and returns home. He pays the K●ngs 1000 Marks. Bishop of Norwich repent him, went to the Pope, was absolved from his Engagement, and had Licence to return home; which being known to the King, he received of him a thousand Marks for his Redemption, or to be freed from his promise of undertaking the Crusado. When the King had [2] Ibidem. f. 380. a. n. 30.40 stayed at Marseille Eight Days, in expectation of his Fleet, he was out of patience, and there hired ten Great Busses, and twenty well armed Galleys, and Shipped as many as he could, and Sailed from thence upon the seventh of August, and Coasted it along toward Sicily. His Fleet came not thither until the 22d of [3] Ibid. f. 383. a. n. 50. August, and there stayed Eight Days, to Mend and Cleanse their Ships, and then followed the King, and on the 14th of [4] Ibid. September arrived at Messina. Here the two [5] Ibid. b. n. 30. The English by force take Messiva. Kings met again. King Richard Demanded his Sister joan of Tancred King of Sicily, the Widow of William the late King, and she was Delivered to him out of Custody. And afterwards the English by [6] Ibid. f. 384. a. n. 30. What was demanded of Tancred King of Sicily by King Richard force took the City of Messina which King Richard kept until Tancred had satisfied all his Demnads, which were, That he should permit his Sister to enjoy the Dower settled upon her by King William of Sicily her Husband. That she should have the Gold Chair according to the Custom of the Queens of that Country. Also the Gold Table 12 Foot long and one Foot and half Broad, and two Golden Trestles belonging to that Table, [7] Ibid. b. n. 50. f. 385. a. lin. 1. etc. and a Silk Tent in which 200 Knights might be entertained, and 24 Silver Cups, and so many Silver Dishes, and 60000 Measures of Wheat, and as much Barley and Wine accordingly: And an hundred Gally's armed, with their whole Furniture and Victuals for the Mariners or Gally-men for two years. All these things he Claimed as heir to his Father King Henry, to whom King William had devised them on his Death bed. Tancred [8] Ibid. n. 10. What Tancred gave to him. by advice of his wise men gave him 20000 ounces of Gold in lieu of his Sister's Dower, and 20000 to be Quit of his other Demands, and for a Marriage to be contracted between Arthur Duke of Britain King Richard's Nephew, and his Daugther. And upon Executing the Charter of Peace between them [9] Ibid. b. n. 50. Tancred gave him other twenty thousand ounces of Gold to be free from all his Questions and Demands whatsoever. And that for Tancred's greater security he should [1] Ibid. f. 386. a lin. 2. & n. 10. write to the Pope and give him an Account of their Agreement, which Epistle bare [2] Ibid. 40. A. D. 1190. King Richard declares his Nephew Arthur his heir if he died without issue. date at Messina November 11th wherein he Declares his Dearest Nephew Arthur his next Heir if he died without Issue. This year Dyed [3] Ibid. f. 390. b. lin. 5. & n. 10. The Death of Robert Earl of Leicester, Ranulph Glanvill, and Baldwin Archbishop of Canturbury. Robert Earl of Leicester in Romania, going to the Holy Land, and Ranulph de Glanvill Died at the Siege of Acon, and then and there also Died Baldwin Archbishop of Canturbury, and left Hubert Bishop of Salisbury his Executor, who performed his Office faithfully, and Distributed his Goods according to his Desire. In the month of February King Richard sent his Gally's from Messina to Naples for his Mother [4] Ibid. f. 391. b. n. 10, 20. Queen Alienor, A. D. 1191. and Berengaria Daughter of San●●us King of Navarre whom he was to Marry, They came through France and I●aly to Naples over Land. Not long before this time, There happened in [5] Ibid. A great Dissension between the Chancellor John the King's Brother and other Noble men. England great Dissension between the Chancellor and Earl john the King's Brother, and the other great men of the Land, and it came to such an height, as they all wrote to the King, Concerning the State of his Kingdom, and the Grievances the People sustained by the Chancellor's Government, who sent from Messina [6] Ibid. n. 30. Walter Archbishop of Roven, and William Marshal Earl of Striguil, Commanding his Chancellor, [7] See Append. n. 73, 74. A. D. 1191. The Chancellor's haughtiness. That all things in the Kingdom should be done by the advice and assistance of the Archbishop of Roven, and the joint undertaking and Direction of William Marshal, Geofry Fitz-Peter, Hugh Bardolf, and William Bruer. When they came into England they dare not deliver him the King's Letters, for he Despised all the King's Mandates, and would have no Peer or equal in the Kingdom. On the first of March King Richard [8] Hoved. ut supra, n, 40, 50. went from Messina to Catania another City of Sicily 60 Miles from it, to visit Tancred, where he stayed three Days, and at his Departure they presented one another with Gifts. Tancred brought him on his Journey toward Messina, and before they left one another he gave him a Letter he had [9] Ibid. f. 392. a. lin. a. & n 10, 20.30 The Treachery of the King of France to King Richard discovered by Tancred. received from the King of France by the Duke of Burgundy, in which he told him the King of England was a Traitor and would not keep the Peace he made with him; And that if he would set upon him in the Night, he would assist him with his Forces and Destroy the King of England and his Army. To whom the King of England said he was not, had not been nor would be a Traitor, And that what Agreement he had made with him he would observe it so long as he Lived. And that he could not easily believe the King of France would send him such a Letter. To whom King Tancred Answered, That if the Duke of Burgundy denied he gave him those Letters from the King of France, he was ready to disprove him by one of his own Dukes. The King at his return to Messina mightily Estranged himself from the King of France, who enquiring into the reason of it, King Richard let him Know by the Earl of Flanders, That he had received such a Letter, and the Contents of it, and let the Earl peruse it. The King of France was silent for a while, and then said the pretended Letter and Lie, was a Trick of King Richards to get rid of his Sister Alice (whom he had Sworn to Marry) and threatened that if he did Leave her and Mary another Woman, he would be his Enemy so long as he Lived. The King of England [1] Ibidem King Richard refuses to Marry the King of France his Sister. Replied he could by no means make ●is Sister his Wife, because his Father had Known her, and begotten a Son of her, and produced many Witnesses to prove it. And the matter of fact appearing to the King of France to be so; By the Advice of the Earl of Flanders, and others of his great men, a Composition was made between them. The King of France was to acquit him of his Oath and Agreement h● had made concerning his Sister Al●ce and King Richard was to pay him in five years' time 10000 Marks, The difference between the Kings of England and France composed. whereof he paid him 2000 down, and was to deliver G●sors and what else the King of France had given in respect of the intended Marriage, and then he was at Liberty to Marry who he pleased; and the Agreement further was, That by his Chart the King of France Granted, The Duke of Britain a marmalade to France. That the Dukedom of Britain, should for ever belong to the Dominion of the Duke of Normandy, and that the Duke of Britain should always be his Man or Feudatary; and should answer all things to him as to his Liege Lord. And that the Duke of Normandy should answer to the King of France for both Dukedoms, and so they were made friends, and the Agreement confirmed by their Oaths and Seals, with the Addition of many Witnesses. On the 30 th' of March [2] Ibid. n. 40 The King of France with his Army arrives at Acon. the King of France Sailed from Messina, and two and twenty days after arrived at Acon, with his Army. The King of England stayed there with his Army after his Departure, and the very Day he set Sail, Queen Alienor came thither with Berengaria, and the [3] Ibid. n 50. King Richard sends to the Pope to confirm and Consecrate his Brother Geofry. fourth day departed toward England, and went by Rome, and by her the King sent to the Pope and humbly Requested, he would confirm the Election of his Brother Geofry, and Consecrate him Archbishop of York, or permit it to be done by some o●er person. When she went away she left the King of Navarre his Daughter with joan Queen of Sicily. In April next following [4] Ibid. f. 393. 10, 20. Hi● Fleet separated by a great Storm. on Good Friday Eve, King Richard with his whole Army set Sail from Messina with 150 Great Ships, and 53 Gally's well armed; on Saturday happened a great Storm which separated the Fleet, The King with part of it was driven into Crete, and from thence Sailed to Rhodes. The great Buss (Bussia magna) in which was the Queen of Sicily and Berengaria, and many of the King's Servants, with two other Busses were driven to the Isle of Cyprus. [5] Ibid. Many Soldiers were drowned After the tempest, the King sent out Gally's to seek for the Buss, and found it without the Port of Limezun in Cyprus. Such as escaped were imprisoned and Rob by the Emperor of Cyprus. The other two perished at the Entrance of the Port, and in them many Knights, and Kings Servants. All their Goods, Isaac or as others Cursac the Emperor (as he called himself) of Cyprus, seized, and all such as Escaped he imprisoned and rob, and would not permit the great Buss to enter into the Harbour. When the King heard where the Buss was, he came to their assistance with many Gally's and a great Fleet of Ships, [6] Ibid. He sends to the Emperor to release his prisoners, but is refused. and found it without the Port exposed to the Wind and Sea. He sent to the Emperor, and humbly requested him with much earnestness, the first, second, and third time, to Release the Prisoners and restore their Goods. He returned haughty answers, and would not do what was begged of him. King Richard provoked with these Barbarous actions [7] Ibid. & b. n. 10, 20, 30. etc. He takes the Town by assault, and the Emperor and his Daughter Prisoners. presently calls for his Arms, bids his Soldiers follow, and causeth them to land in Boats, leads them on, and takes the Town, and in a short time Conquers the whole Island; and took the Emperor Prisoner and his Daughter. Here he was [8] Ibid. s. 394. a. 10, 20. A. D. 1991. King Richard married to Berengaria. He sends the Emperor Prisoner to Tripoli. Married to Berengaria on the 12th of May by his Chaplain Nicholas, and was busied in settling the Island until the first of July, which was the Eve of Pentecost, and that day he sent the Emperor bound in Gold and Silver Chains to Tripoli, and gave the Government of the Island to Richard de Camvill and Robert de Turnham. And on the same day * Ibid. n. 30. the Queens of England and Sicily with the Emperor's Daughter Landed and appeared before Acon with the greatest part of the Kings Fleet. Who stayed [9] Ibid. n. 40 He settles the Government of Cyprus, and went to the Siege of Acon. behind and took one half the Goods of all the inhabitants of the Island, and Confirmed the Laws and institutions they had in the time of Emanuel Emperor of Constantinople, and went from thence with his Galleys on Thursday in Whitsun-week, and next day arrived at Tyre, and from thence went to the Siege of Acon, which not long after was taken by the Christians. This City being [1] Ibid. f. 396. ●. n. 10, 20, 30. Acon taken aft●● two years' Siege. The King of France desires leave of King Richard to return into his own Country. taken after almost two years' Siege, King Richard desired of the King of France, That they might mutually Swear they would stay in the Land of jerusalem with their Army's for three years, and wholly subdue it. He would make no such Oath but two days after sent to the King of England the Bishop Beavais and Hugh Duke of Burgundy etc. by whom he asked Leave of him to return into his own Country. (Et per illos pettit Licentiam redeundi in Regionem suam.) To whom he objected the Disgrace it would be to the King of France if he returned and left the Business they came for undone. But if he found himself infirm or weak, or was afraid to die there, he might do his pleasure. [2] Ibid. f. 397. a. lin. 4. n. 10. The King of France was mighty uneasy, and about a week after sent again to the King of England for leave to Return, (petiit iterum à Rege Angliae licentiam repatriandi) but could not obtain it, until he had made Oath, That he would protect his Dominions and people until his return, and that he would do no Damage to them, nor suffer any to be done by others, which performed, The King of France made the Duke of Burgundy his General, and left with him the greatest part of his Treasure to pay the Soldiers, Departed from Acon on the 31st of Jul●. After the Cities and Towns [3] Ibid. f. 408. a. n. 10, 20. Rad. de Dicet. Col. 667. n. 60. King Richard desires the French to join with him in the Siege of Jerusa●em, but is refused. upon the Sea Coast of Palestine by the Courage and Conduct of King Richard were all in the possession of the Christians, He urged the Duke of Burgundy and French to join with him and besiege jerusalem, and would have engaged them by Oath, not to have stirred from before it until it had been taken; They refused his proposition, and told him they must leave that Country as soon as they could, as their Master the King of France had commanded them, and so left the King and went to Acon. At this Time [4] Hoved. ut supra, n. 30. Saladin offers a Truce for three years, which was accepted by King Richard. Saladin Emperor or General of the Saracens offered a Truce for three years, upon such Terms as King Richard with the Advice of the Templars, and whole Army thought fit to accept; seeing his Army grew sickly, and he wanted men and money. And then [5] Ibid. n. 40, 50. What moved him to hasten his return to England. A. D. 192. by reason of the ill news he had received, concerning the King of France, The Expulsion of his Chancellor, and his Brother john, That he had seized many of his Castles, and would take from him his Kingdom if he Can; left Palestine on the 8th of October, and made as much haste homeward as he could. But thinking it not safe to come through France, he took his way through Germany from Aquilea (upon the North Shore of the Venetian Gulf) and on the 20th of [6] Rad. de Diceto Col. 668. n. 30, 40. King Richard taken Prisoner in his return home. He is delivered to the Emperor for a Sum of money. December was in Disguise taken at Vienna by the Duke of Austria, and afterward on Wednesday in Passion Week Delivered to the Emperor for a Sum of Money. It was observed [7] Ibid. Earl John well pleased with his Brother's imprisonment. His contrivance to secure the Crown for himself. That Earl john was very Brisk when he heard his Brother was made Prisoner, and conceived great hopes of being King; and therefore he wheadled in many through the whole Kingdom with great promises, and with great Diligence fortified his places of Strength, and went over into France and entered into a Confederacy with that King, that he might secure his Nephew Arthur from enjoying the Crown; and it is no hard matter to believe this from his precedent actions. In the Absence of the King, there happened great [8] f. 398. b. n. 20. A. D. 119●. A discord between him and the Chancellor. discord between Earl john and the Chancellor about Lincoln Castle, which was in the Custody of Gerard de Camvill Sheriff of Lincolnshire, who was turned out of his * Expulso Girardo de Camvil a à Baliva Vicecomitatus Lincolniae. Composed by the mediation of the Bishops. Office by the Chancellor, and William de Stutevill put into it, but would not part with the Castle; and while he Besieged it, the Castle of Nottingham, and the King's Castle of Tikehill were delivered to Earl john, who sent to the Chancellor that unless he quitted the Siege, he would force him to do it: He affrighted at the Earls Message raised the Siege, and by the Mediation of the Bishops and other friends, an agreement was made between them, which the Reader may find in the [9] Append. n 75. Appendix with the Translation of it. Not long after this Agreement, Geoffrey the Elect of York, was consecrated by the Archbishop of Tours, by the Pope's Command, who not regarding the [1] Hoved. ut supra f. 399. a n. 30. Geofry Elect of York comes into England before the three years were expired. Oath he had made to his Brother the King, That he would not come into England in three years, after the King should leave it, came to Witsan (perhaps at this Day Calais) and was there ready for his passage over. The Chancellor sorbad him to come into England contrary to his Oath he made to the King. He regarded not the Chancellor's Prohibition, and Landed at Dover in the month of September, where the Chancellor had appointed Officers to apprehend him: But having notice of it he changed his clothes, and mounted a Swift Horse, and got to the Monastery of St. Martin's belonging to that Town, and put himself into the Church: [2] Ibidem. n. ●0, 50. He is taken by the Chancellor's Officers and delivered Prisoner to the Constable of Dover Castle. The Chancellor's Officers Guarded the Church so as he could not go out, and after Mass took him while he was standing at the Altar in his Sacerdotal vestments, and carried him out of the Church through the Dirty Streets, and Delivered him to Matthew Clere the Constable of Dover Castle. [3] Ibidem, b. n. 10. But is released by Earl John's Order. The Chancellor is summoned to appear in the King's Court, but refuses. Earl john hearing of this, ordered the Chancellor to release him. And then coming to London, he complained to Earl john, and to the Bishops and great men of the injury he had received from the Chancellor. The Earl commanded he should stand to the Law in the King's Court for that, and also for the Injury he had done to Hugh Bishop of Durham. The Chancellor deferred his appearance, the Earl, the Archbishop of Roven, the Bishops and chief men of the Kingdom appointed him a Peremptory day at Reading, whither Earl john, and almost all the Bishops, Earls, and Barons of the Kingdom came in expectation of him: but he neither came nor sent any one to appear for him. Then the Earl and the Bishops that were with him went toward London, A Skirmish between the Earls and Chancellor's retinue. One of the Earls Knights Slain. That they might consult before a great Audience of the Citizens, what they should do with that Chancellor That had so troubled the Kingdom, and would not stand to Law. He hearing of it, left Windsor, and went to London, and by the way his and the Earls retinue, their Milites or Knights met and fought, in which Skirmish one of the Earls Knights Roger de Planis was Killed, yet he had the better, and the Chancellor fled to London, and he and his Retinue got into the Tower. On the 10 th' of [4] Ibidem n. 20. The Chancellor accused of high Misdemeanours. October Earl john, the Archbishop of Roven, the Bishop, Earls, Barons, and Citizens of London, met in Paul's Churchyard, and accused the Chancellor in many things, but especially for the injuries he had done to the Archbishop of York and Bishop of Durham. Those also the King had associated with him in the Government accused him, saying, That he Depised their advice, and managed all the Business of the Kingdom by violence, and according to his own Will. And then the Archbishop of Roven, and William Marshal Earl of Striguil, first show before the People their Letters under the King's Seal from Messina, by which they were associated with the Chancellor and others in the Government of the Kingdom, and that he was to do nothing without their advice, and if he did, and it was to the detriment of the Kingdom, he was to be [5] No such thing in the Letters. See Append. n. He is deposed. deposed and the Archbishop of Roven put in his place. And it pleased the Earl, and all the Bishops, Earls and Barons of the Kingdom, and the Citizens of London that it should be so; for that the Archbishop of Roven would do nothing without the Advice of his associates, and the Barons of the Exchequer. And the same Day the Earl of Moreton, [6] Ibidem. n. 40. and the Archbishop of Roven and the other Justices (That is, the Commissioners in the Government) of the King Granted to the Citizens of London to have their Comunity. Et eodem die Comes Moretonii, & Archiepiscopus Rho●amagensis, & alii Regis Justiciarii Concesserunt Civibus Londoniarum habere Comunam suam. And the same year the Earl and Archbishop and almost all the Bishops, Earls and Barons of the Kingdom did Swear firmly and resolutely to uphold that Comunity, The Citizens of London Swear fealty to King Richard and Earl John as his heir. The Tower and Windsor Castle delivered up to him by the Chancellor. so long as it pleased the King. Et eodem Anno Comes Moretonii, & Archiepiscopus Rothomagensis, & fere omnes Episcopi, & Comites, & Barones Regni Juraverunt Comunam illam firmiter & inconcusse servaturos, quamdiu Domino Regi placuit. And the Citizens of London did Swear faithful service to King Richard and his Heir, (& haeredi suo). And if he should Die without Issue, That they would receive Earl john his Brother for their King and Lord, and they Swore Fealty to him against all men, saying their Fealty to King Richard his Brother. And the Deposed Chancellor Swore he would Deliver up all the Castles of England, and he presently delivered to him the Tower of London, and Windsor Castle, with some others. The different Characters of this Chancellor. The Character of this Chancellor is various according to the inclinations of men of that time. [7] Ibid. f. 400. a. in his Epistle de Dejectione Willielmi Eliensis. Hugh de Nunant Bishop of Coventry one of his prosecutors, says he was of a proud, haughty, imperious temper, profuse and extravagant beyond measure, a consumer of the King's Revenue, and injurious to all sorts of men. Peter of Blois then Archdeacon of Bath, a man learned and famous, [8] Ibid. f. 401 b. in his Epistle pro Willielmo Elien. Episcopo. Defends the Chancellor against the sharp pen of the Bishop of Coventry, and gins his Epistle Thus, Quondam Domino & amico Hugoni Coventrensi, & Cestrensi dicto Episcopo, Petrus Blesensis, Bathoniensis Archidiaconus, Dei Memoriam cum Timore; Livor quo tendat, Invidia quo feratur, proditoriae factionis hodie patefecit immanitas. Dilectus Deo & hominibus Episcopus Eliensis vir sapiens, amabilis, generosus, benignus, & Mitis, & in omnes liberalitates Effusus. Juxta Divinae Gratiae Dispositionem, & suorum Exigentiam morum, & meritorum, Reipublicae administrationem & summam rerum fuerat assecutus, etc. in English thus, To his Quondam Lord and friend Hugh called Bishop of Coventry and Chester, Peter of Blois Archdeacon of bath. The Memory of God with fear: What Detraction and Envy may do, The fury of a Traitorous faction hath at this time discovered; The Bishop of Ely beloved of God and men, a wise, loving, Generous, Kind and Mild man, abounding in all Instances of Liberality, according to the Disposing of Divine Grace, and his own due Qualifications and Merits, obtained the Administration of the Government, and the chiefest power in it, etc. And proceeds to reprove him for his virulent Language against him without Cause. After Eight Days [9] Ibid. f. 402. a. n. 10. He is released from his imprisonment, and goes into Normandy. He complains to the Pope and King, and offers to stand a Trial. Imprisonment, Earl john gave Order he should be released and go beyond Sea. He went into Normandy, where by Command of the Archbishop of Roven he was reputed as an Excommunicated person, and in all places where ever he came in that Arch-Bishopric all Divine Offices ceased during his abode there. At length he sent to Pope Celestin, and to the King of England, letting them know how Earl john and his Complices had thrown him out of the Kingdom, complaining of the Injury, and desiring restitution of what had been taken from him; and offering to stand to the Law (or Trial.) And that if what he had done, or his expenses should not please the King, he would in all things satisfy him according to his own mind. At which Complaint the [1] Ibid. n. 20. The Pope writes to the English Bishops to excommunicate Earl John. Pope was much moved, and wrote to the Arch-Bishops and Bishops of England to Excommunicate Earl john, and all his Advisers, Complices, and Favourers. And William Bishop of Ely as Legate and Chancellor wrote to the Bishop of Lincoln to put in Execution the Pope's Brief, and sent him the [2] Ibid. b. n. 30. names of such as he would have him Excommunicate, videlicet, Walter Archbishop of Roven, Godfrey Bishop of Winchester, Hugh Bishop of Coventry, William Marshal, Geofry Fitz-Peter, William Bruer, Hugh Bardolf, and many others. [3] Ibid. f. 403. a. n. 10. The Bishops refuse to do it. But none of the Bishops would Execute either the Popes, or his Command, as not owning him as Legate or Chancellor. [4] Ibidem. And the Archbishop of Roven, and the other Justices of England, & alii Justiciarii Angliae, (That is the Commissioners for the Government) disseized him of his Bishopric, and Collected the Rents to the King's use, to make good the money he had Wasted: [5] And then the foresaid Justices, and all the Bishops, Earls, and Barons of England sent to the King, and by one Common Letter acquainted him how his Chancellor had destroyed the Kingdom and his Treasure, and how he had been put out of his Office by the Common Council of the Kingdom. The Chancellor on the other side, wrote to the King, That his Brother john had Seized the Kingdom, and would Crown himself, if he returned not speedily: Yet the King trusting in God, would not Desert his Service, until men and Money failed. In Lent following [6] Ibid. f. 408. b. n. 30. A. D. 1192. Queen Alienor, the Arch-Bishops of Roven and York, and all the great men of the Kingdom met, and Swore Fealty and faithful Service to King Richard, and to his Heir against all men. [7] Ibid. n. 40. Earl John endeavours to restore the Chancellor, but the great men would not consent. At the same time the Earl for 500 pounds having promised to restore the Chancellor to his Office, sent for him into England, and tried to induce the great men to consent to it, who would not, but sent to him that unless he Departed the Kingdom they would imprison him, he not daring to stay, passed over the Sea on Good Friday. While these Commotions were in England King Richard was mightily uneasy in his imprisonment in Germany, [8] Ibidem. f. 412. a. n. 20. King Richard gave the Emperor his Kingdom to gain his Liberty. He is reinvested by the Emperor to hold it of him by an annual tribute. Before his death he is acquitted. and for his liberty he gave the Emperor his Kingdom, and invested him in it, by the Delivery of his Hat or Cap, and he presently, as they had agreed before the great men of Germany and England, redelivered it unto him, to hold of him by the annual Tribute of 5000 pounds Sterling, and invested him by a Double Cross of Gold. But before his Death acquitted and Discharged King Richard and his heirs of this and all manner of Bargains. Alice the King of France his Sister was in the [9] Ibid. f. 408. b. 10, 20. The King of France demands his Sister of the Norman Nobili●y▪ Custody of the Seneschal and great men of Normandy, and he had Demanded her of them, but they would not deliver her without order from their King Richard, at [1] Ibid. f. 412. a. n. 20, 30. They refuse to deliver her without King Richard's order which he was much troubled and disturbed, and sent into England to Earl john, That if he would submit to his pleasure and advice, he should Marry his Sister Alice, and with her he should have Normandy, Aquitan and Anjou, and all the Lands which his Father had been possessed of in France, and that he should make him King of England. Earl [2] Ibidem. Earl John refuses to treat with the Norman Nobility about the King's release. john soon after Christmas, passed into Normandy, where the Seneschal, and other great men met him, and desired he would go to Alencon to treat with them about the King's affairs, and the freeing him from Imprisonment; [3] Ibid. n. 40 Unless they would accept him for their Lord, which they refuse. he told them if they would receive him as their Lord, and Swear Fealty to him, he would go with them, and undertake their Defence against the King of France, but otherwise not. The Noblemen of Normandy refused his proposals, hoping to see their King again. From thence [4] Ibid. He does Homage to the King of France for Normandy, etc. the Earl went to the King of France and did Homage to him for Normandy and the other Dominions of his Brother beyond Sea, and as it was reported, for England, and Swore he would take to Wife his Sister Alice, and then quiet Claimed or Released to the King of France guysor's, and whole Veuxin Norman. And he gave him with his Sister, That part of Flanders he had in his possession, and Swore he would do his utmost to help him to Gain England, and his Brothers other Dominion. Then he [5] Ibid. n. 50. He returns into England and demands the Kingdom, alleging the King was dead returned into England carrying many strangers with him, and had the Castles of Windsor and Wallingford delivered to him; from whence he came to London; and demanded the Kingdom from the Archbishop of Roven and the other Justices, (that is the Commissioners for the Government) of England, and the Fealties of the Military Tenants, Vassals or Feudataries of the Kingdom, Affirming his Brother the King was Dead. (Deinde ipse Comes venit Lundonias & à Ro●homagensi Archiepiscopo, & caeteris Justiciariis Angliae petiit sibi Regnum, & fidelitates hominum Regni, affirmans, Quoth Rex Angliae frater suus mortuus Erat. But they believed him not. And when he saw he was [6] Ibidem. b. lin. 1. etc. The Justiciaries reject him and secure all the Ports. rejected by the Justiciaries and great men, he swollen with fury, Portifyed his places of Strength, and Invaded his Brother's Lands in an Hostile manner. The Justiciaries had so well secured the Ports as neither French or Flemings that had promised him assistance, dare attempt to Land in England. They Besieged Windsor Castle. [7] Ibid. n. 20. They raise an Army to oppose him. The Archbishop of York, Hugh Bardolfe one of the King's Justiciaries, and Sheriff of Yorkshire, and William de Stutevill raise an Army in that Country, and marched to Doncaster, which they fortified. [8] Ibid. n. 30. The Archbishop would have gone on and Besieged Tikehill a Castle belonging to Earl john: but the other two would not Consent to it, because they were his men or Feudataries, (quia erant homines Comitis johanis.) After Easter the [9] Ibid. n. 10 Abbats of Boxley and Roberts-Bridge, that had been sent by the Justiciaries to the King came Back, and reported the Agreement made between him and the Emperor: But the King not returning, all men wondered at his stay in Germany, and doubted what was become of him, and whether he would return or not. Whereupon the Archbishop of Roven and the other Justiciaries, although they had forced Earl john to a Compliance, A truce made with Earl John. and even taken the Castle of Windsor; yet they made a Truce with him until the Feast of All Saints, [1] Ibid. f. 413. a. lin. 1. etc. The Castles of Nottingham and Tikehill remaining in his Custody as they were before, and the Castles of Windsor, Walingford, and Pec, were Delivered to the Queen Mother, and were to be Redelivered to the Earl, if the King returned not the mean While. Soon after this [2] Ibid. n. 10. The King writes to his Subjects to send money for his Release Truce the King sent to the Archbishops, all the Bishops, Abbats, Earls, Barons, Clercs, and Free-tenants (& Francos tenentes) or Tenants in Capite, and desired all the Clergy and Laity, would give him such an aid to redeem him as he might thank them for it. The Emperor wrote to the same purpose, and the Pope, who Threatened the Kingdom with an Interdict, unless the King were speedily freed from Prison, and wrote to the King of France that he would anathematise his Kingdom, unless he forbear to trouble the King of England while he was Prisoner. [3] Ibid. n 30. The great instrument of reconciliation between the Emperor and King Richard was the Chancellor. The price of his Redemption was 140000 marks (Charissimus Cancellarius noster Willielmus Eliensis Episcopus) as the King Styles him in his Letter. And the price of his Redemption was Seven score thousand Marks of Silver. The Emperor and King's [4] Ibid. & b. n. 20. Append. n. 76. A. D. 1193. Letters both bear Date the 19th of April at Hagenou. By Authority of the [5] Ibid. f. 413. b. n. 10. How and upon whom this Sum was levied and raised. King's letters, the Queen Mother and the Justices determined That all Clercs and Laics should pay a fourth part of their Revenues that year for the Redemption of the King, and that they should add so much of their Movables, or upon their Movables, for which the King should Con, or Ken them thanks, and upon every Knight's Fee they charged 20 s. and ordered the Abbies and Houses of the Cistertians, and the order of Semplingham should contribute all their Wool that year, and That all the Gold and Silver, the Churches were possessed of, should be brought forth and delivered for the same purpose. Autoritate Literarum istarum (these words follow immediately after the Date of the King's Letters) Mater Regis & Justiciarii Angliae statuerunt, quod universi tam Clerici quam Laici qu●rtam partem redditus sui de hoc anno darent ad redemptionem Domini Regis, & tantum superadderent, de Mobilibus suis, unde rex debet eis gratias Scire, & de unoquoque feodo Militis viginti Solidos, & de Abbatiis ordinis Cistrensis, & de Domibus Ordinis Semplingham, totam lanam suam de hoc Anno, & Vniversum Aurum & Argentum Ecclesiarum, sicut Rex in Mandato suo praeceperat. [6] f. 413. a. n. 40. The Gold and Silver taken out of the Churches to be restored. The Gold and Silver that belonged to the Churches the King only Borrowed, and his Justiciaires and Barons made Oath he should fully restore it again. About this [7] Ibid. b. n. 40. The Chancellor returns into England to manage the King's business. Matter the Chancellor came into England, and in great humility went to St. Alban, where the Queen Mother, the Archbishop of Roven, and the other Justiciaires (& alii Justiciarii Domini Regis) met him, and there produced a [8] Ibid. n. 30. Golden Bull, containing an indissoluble league between the Emperor and the King, and told them he came not as a Justice, or a Legate, or a Chancellor▪ but as a Bishop only and the King's Messenger. And enjoined some Barons they should go with him to the King, as Gilbert Bishop of R●thester, Sefrid Bishop of Chichester, Benedict Abbot of Peterburgh, Richard Earl of Cl●re, Earl Roger Bigod, Geoffrey de Say, and many others. On the 25th of [9] Ibid. n. 40. & f. 414. a. n. 20. A. D. 1193. A Treaty between the Emperor and King of France. June the Emperor and the King of France had appointed a Colloquium or Treaty which if it should proceed, the King of England knew, they two would con●aederate against the Archbishops of Colon and Men●s, and against the Dukes of Louvain, L●mburgh and Saxony, and many other Great Men, and Nobles, who had conspired against the Emperor, for the Bishop of Liege, Brother to the Duke of Louvain, his Death, which he had contrived, and suspected, That if the Treaty should take effect he should be Delivered to the King of France. [1] Ibid. n. 30. 'Tis broke off by the King of England's policy. After great pains, and at the instance of the King of England a Peace was made between the Emperor and great men before mentioned, and so the Treaty or Colloquium between the Emperor and King of France was Defeated. This done the Emperor on the Day after St. John Baptist came to [2] Ibid. n. 40. A Treaty between the Emeror and King Richard Worms, where the King of England then was; and there was celebrated a Colloquium or Treaty between them four Days. There were present the Bishops of those parts, the Dukes of Louvain and Limburgh with many Earls and Barons: There were on the King's behalf the Bishops of Bath and Ely, and on the fourth Day, that is to say on the Vigil or Eve of St. Peter and Paul, came to the King William Briwer, and Baldwin de Bretun, and as yet they all dispaired of the King's Freedom. [3] Ibid. n. 50. The Agreement between them. But next Day they came to a final agreement, upon these Conditions, That the King of England should give the Emperor 100000 Marks of Pure Silver according to the weight of Colon, and other 50000 as an aid toward his Reducing Apulia. That the King should give the Sister of Arthur Duke of Britain his Nephew, as wife to the son of the Duke of Austria; and that he should Deliver the Emperor of Cyprus and his Daughter. [4] Ibid. b. lin. 2. The 100000 Marks were to be brought into the Empire at the Hazard of the King of England, and when they were there he was freely and Quietly to return into England under safe Conduct, and this all the Bishops, Dukes, Earls and Barons there present swore on behalf of the Emperor. The form of this Bargain or Composition follows in the [5] Ibid. n. 10. same place. So soon as the King of France heard these things, he [6] Ibid. n. 40. The King of France gives Earl John notice of it. sent to Earl john, that he might have a Care of himself, for the Devil was got lose; who knowing he wrote it of his Brother, he passed into Normandy, and adhaered to the King of France not Daring to expect the coming of his Brother, and soon after the King of England sent the Bishop of Ely his Chancellor, and William Briwer and other wise men to the King of France to make peace with him, [7] Ibid. n. 50. A Peace between England and France concluded. which was done accordingly and the claims settled on both sides, in which peace there was ample provision made for the security of Earl john and all his Matters. The Money was [8] Ibid. f. 416. b. lin. 1. etc. How the Money for the King's Ransom was Collected. Collected for the King's Ransom, Twenty Shillings of every Knight's Fee, The fourth part of all the Rents of the Laics, and all the Chalices and other Riches of the Churches, the Bishops Collected of their Clercs, of some a fourth part of some a tenth, and so it was in all the King's Dominions beyond Sea, by which there was gathered together an infinite Sum of Money, and then the [9] Ibid. lin. 7. Emperor's Envoyes received at London the greatest part of the King's Ransom, And paid to the Emperor's Envoyes. in weight and measure, and sealed it up and Delivered it to such as were to carry it to the Borders of the Empire at the hazard of the King of England. The Emperor at this time [1] Ibid. n. 10. What the Emperor gave to King Richard. Gave unto the King of England by his Chart, the Country of Provence, Viana and Vianois, Marseille, Narbon Arleblan● and Lions upon the Rhone and as far as the Alps, and whatsoever he had in Burgundy, and the Homage of the King of Arragon, the Homage of the Earl of Disders, and the Homage of the Earl of St. Giles in which Lands and Dominions there were Five Archbishoprics, and thirty three Bishoprics, but the Emperor never had them in his possession, nor would the people ever Receive a Governor from him. The King sent into England [2] Ibid. n. 20.30. Hubert Archbishop of Canturbury made Chief Justice of England. for his Mother Queen Alienor, and for Walter Archbishop of Roven, and many others to come to him into Germany, and made Hubert Archbishop of Canturbury Chief Justice of England, and wrote over that the Day appointed for his Delivery and Freedom, was the first Monday, after twenty Days after Christmas Day. Before the Agreement was [3] Ibid. f. 417. a. lin. 1. etc. Earl John swears Fealty to King Richard. Confirmed between the Emperor and King Richard, he sent William Bishop of Ely his Chancellor, and others into France to his Brother Earl john, and so effectually dealt with him, That he returned into Normandy and swore Fealty to the King his Brother against all men, and the King commanded that all the Castles belonging to the Honours he had given him, should be Delivered to him, as well in England as beyond Sea. But those who had them in Custody would not deliver them upon the Writ. Whereupon in Anger he went back to the King of France, and stayed with him and he gave him the Castles of Driencourt, now Dancourt, and Arches, which should have been delivered to William Archbishop of Rheims. King Richard was to [4] Ibid. n. 20.30. A. D. 1194. remain at Spire until the time of his delivery, and to that City came the Emperor with the Archbishops, Bishops, Dukes, and Great Men of his Empire; and when they had Treated a long time about the Freedom of the King of England, Thither came Envoys from the King of France and Earl john, The King of France and Earl John offer the Emperor 1000 a month to keep King Richard prisoner. and offered from the King 50000 Marks to the Emperor, and from the Earl 30000, upon condition he might be kept prisoner until Michaelmass following, or if the Emperor had rather, they would give him a thousand Pounds a Month so long as he should keep him Prisoner; or if, it pleased him better, the King of France would give him 100000 Marks and Earl john 50000 to deliver him Prisoner into their hands, or at least that he would keep him one year; The Emperor prevailed upon to differ his Release. upon these Offers the Emperor put off the Day of his Liberty, and ordered it to be upon the Purification of St. Mary at Ments. At that Day and place [5] Ibid. b. n. 30.40. Henry Emperor of the Romans with the Great Men of his Empire, and Richard King of England, with his Mother Queen Alienor, and Walter Archbishop of Roven, William Bishop of Ely his Chancellor, and Savaric Bishop of Bath met and held a Council about the Liberty of the King of England. The Emperor out of Covetousness tempted with the money the King of France and Earl john offered, would have gone from his Agreement, and calling for these Messengers, amongst which, The King of France and Earl John's letters given to King Richard to read. was Robert Nunant Brother to Hugh Bishop of Coventry, he gave the King of France and Earl john's Letters, which they wrote against his Liberty, to the King of England to read, at which he was much troubled and confounded despairing of his Freedom. He by his Friend and Counsellor Solicits the Archbishops of Ments, Colon, and Saxeburgh (who this Archbishop was I find not, unless Treves or Trier had ever that name) the Bishops of Worms, Spire, and Liege. The Dukes of Suavia the Emperor's Brother, of Austria, and Louvain. The Earl Palatin of the Rhine, and other Great Men of the Empire, who were ●idejussors or undertakers for the Emperor upon the Agreement between him and the King of England, The Emperor's Fidejussors rebuke him for his Covetousness. who boldly went to him, and rebuked him for his Covetousness, and for that he would so impudently run back from his Bargain (Qui ita impudenter à pacto suo resilire volebat) and wrought so effectually with him, as he Freed the King from his imprisonment [6] Ibid. n. 50. He thereupon consents to King Richard's release. he giving Walter Archbishop of Roven, Savaric Bishop of Bath, and Baldwin Wa●, and many other sons of his Earls and Barons hostages, or Pleges for the Residue of his Ransom Money unpaid, and that he should keep peace to the Emperor his Empire and all his Dominions, and the Archbishops of Men●s, and Colon Delivered him free into the Hands of his Mother Alienor, A. D. 1194. Robert Nunant refuses to be pledge for the King. on the fourth of February. The King asked Robert Nunant to be a pledge for him, he answered he was Earl john's Man or Vassal, and therefore would not be pledge for him. Respondet [7] Ibid. f. 418. a. lin. 4. Quod esset homo Comitis johannis, & ideo noluit pro ipso obses Esse, for which answer the King caused him to be taken, and imprisoned. The same Day the [8] Ibid. n. 10. The Emperor writes to Earl John to restore King Richard all his rights and possession. Emperor, the Archbishops, Bishops, Dukes and Earls of the Empire, by their common Writing to which they put their Seals, sent to the King of France and Earl john, that presently upon sight thereof they should deliver to the King of England the Castles, City's, Fortresses, Towns, Lands, and whatsoever they had taken from him while he was the Emperor's Prisoner, and if they did not, to let them know they would help him to recover what he had lost. [9] Ibid. n. 20.30. King Richard's generosity to the Germane Bishops, and Nobility. Hereupon, King Richard, by his Charts granted to several Archbishops, Bishops, Dukes, Earls, and Barons, and others of the Empire annual Rents or stipends, for their Homages, Fealty's, and aids or assistance against the French King, and received the Homage of the Archbishops of Ments and Colon, of the Bishop of Liege, the Dukes of Austria, and Louvain, the Marquis of Montferrat, the Duke of Lemburgh and the Duke of Swauia the Emperor's Brother, of the Earl Palatin of the Rhine, the Son of the Earl of Haynault, of the Earl of Holland and many others, saving their Fealty to the Emperor, He is conducted to Antwerp and from thence came to Sandwich. who gave the King a safe conduct or Passport to Antwerp, where he was under the protection of the Duke of Louvain; from thence he came to England and landed at Sandwich on the 13th of March. Not long before the King's [1] Ibid. n. 40.50. Arrival, one Adam of St. Edmund, a Clerc and servant to Earl john was sent by him into England, with Letters and Directions, That his Castles should be fortified against his Brother. He came to London and went to the Palace of Hubert Archbishop of Canturbury, and dined with him, where he Boasted much of the prosperity of his Master, The Insolence of one of Earl John's Servants. and the intimacy he had with the King of France, telling that he had given him the Castles of Driencurt and Arches, which should have been given to the Archbishop of Rheims, and talked at a great Rate what his Lord could do if he had but Faithful Men. His Bragging discourse much exasperated the Archbishop and all that heard him, He is apprehended, and Earl John's designs are discovered. but for the Deference to the Table he was not apprehended; But after Dinner in his Inn the Major of London took him, and all his Briefs or Commissions, which contained all Earls john's design, and delivered them to the Archbishop of Canturbury, [2] Ibid. b. lin. 4.5.6.7. who on the Morrow called before him the Bishops, Earls, and Barons of the Kingdom, and shown them those Letters, and declared the Tenor of them, and presently it was Determined by the Common Council of the Kingdom, Earl John disseized of all his Tenements in England. That Earl john should be disseized of all his Tenements in England, and that his Castles should be besieged, & statim per Commune Consilium Regni Definitum est, Quod Comes Iohannes Dissaisiretur de omnibus Tenementis suis in Anglia, & ut Castella sua obsiderentur, & factum est ita) and so it was done. The same Day [3] Ib. b. n. 10. He, his Advisers, and Abettors Excommunicated. Archbishop Hubert, the Bishops of Lincoln, London, Rochester, Winchester, Worcester, and Hereford, and the Elect of Excester, and many Abbats and Clercs of the Province of Canturbury, came together and Anathematised Earl john, and all his Abetters and Advisers, which had or should Disturb the Peace of King and Kingdom, unless they laid down Arms and gave satisfaction. All to whom the [4] Ibid. n. 20, 30, 40, etc. His Castles and Towns in England Besieged. Reducing of his Castles was Committed went into the Countries in and near where they were, and levied Forces. The Bishop of Durham, went into Yorkshire and Northumberland, raised an Army and besieged Tikehill, Earl David the King of Scots Brother, Ranulph Earl of Chester, and the Earl Ferrer Besieged Nottingham, and the Archbishop of Canturbury with a great Army Besieged Merleburgh, Lancaster, and St. Michael's Mount in Cornwall. The three last Castles were Rendered presently, [5] Ibid. & f. 419. a. n. 10, 20 the two former not until the Kings Return, for the Constables and Defendants, would not believe the King was in England, until they sent out some of their own Company, to see whether it were so or not, who saw the King at Dinner in the Siege, And Surrendered to the King. and assuring them it was so, they delivered the Castles, and put themselves in the King's Mercy for Life and Limbs, and terrene honour. * Ibid. lin. 18. Nottingham Castle was delivered on the twenty eighth day of March. And on the [6] Ibid. n. 20.30. A. D. 1194. King Richard Held a great Council at Nottingham. Who were the Constituent parts of it. Thirtieth Day of March King Richard held the first day of his Council at Nottingham, (Tricesima Die Mensis Martii Richardus Rex Angliae celebravit primum Concilii sui Diem apud Nottingham) where were present Alienor the Queen Mother, Hubert Archbishop of Canturbury who sat on the right hand of the King, Geofry Archbishop of York who sat on the left hand, Hugh Bishop of Durham, Hugh Bishop of Lincoln, William Bishop of Ely the King's Chancellor, William Bishop of Hereford, Henry Bishop of Worcester, Henry Bishop of Excester, and john Bishop of Whithern in Scotland. Earl David the King of Sco●s Brother, Hamelin Earl of Warren, Ranulph Earl of Chester, William Earl Ferrer, William Earl of Salisbury, and Roger Bigod. The same day the King disseised [7] Ibidem Gerard de Canvil, and Hugh Bardolph disseized of their Castles & Sherifwic's. Gerard the Canvil, of the Castle and Sherefwic of Lincoln (eodem die Rex dissaisivit Girardum de Canvilla de Castello & Vicecomitatu Lincolniensi) and Hugh Bardolph of the Sherifwic of Yorkshire and the Castles of York and Scarburgh, and the Custody of Westmoreland, and exposed them all to Sale. The Chancellor offered ready money down, for the [8] Ibidem. Geofry Archbishop of York out bids the Chancellor for their Sherifwic's. Sherifwics of Yorkshire, Lincolnshire and Northamptonshire 1500 marks, and an hundred marks every year for each of them. [9] Ibid. n. 40. Geofry the Archbishop, bade three thousand marks for the Sherifwic of Yorkshire only, and 100 marks by the year, and obtained it, by which means he was ma●d ●he King's Servant, and subjected himself to his power. The second day of the Council. The Thirty first day of March, was the Second day of the King's Council, (Tricessima aie Martii Rex Angliae celebravit secundum diem Concilii sui, [1] Ibidem. The King demands Judgement against Earl John, and Hugh Nunant Bishop of Coventry. ) in which he required Judgement to be given of Earl john his Brother, who contrary to the Fealty he had Sworn to him, had seized his Castles, Destroyed his Dominions as well in England as beyond Sea, and had made a League with his Enemy the King of France. He also demanded Judgement of Hugh Nunant Bishop of Coventry, who Conscious of his secrets, Deserted him, and adhered to his Enemy's Earl john and the King of France, and contrived all the mischief he could against his Government or Kingdom. And it was [2] Ibid. n. 50. The Council gives Judgement against both. adjudged They should be peremptorily Cited; and if within forty days they appeared not, nor stood to the Law, They judged Earl john had forfeited the Kingdom (That is, he ought not to return into the Kingdom) and That the Bishop of Coventry was to be judged by the Bishops as he was a Bishop, and by Laymen as he was the King's Sheriff. Judicaverunt Comitem johanem Demeruisse Regnum, & Episcopum Conventrensem subjacere Judicio Episcoporum, in eo quod ipse Episcopus erat, & Judicio Laicorum in eo quod Vicecomes Regis extiterat. On the first of April, the King held the [3] Ibidem, b. lin. 1. The third day of the Council. An Aid ordained to be Levied. third day of his Colloquium, in which he Ordained, there should be given him of every Ploughland, of all England two-shillings (Kalendis Aprilis Rex Angliae celebravit tertium diem Colloquii sui, in quo Constituit sibi Dari de unaquaque carucata terra duos solidos) [4] Ibid. l. 3. Then he commanded every one should perform the third part of his Military Service, according to what every fee would bear, and should go with him into Normandy. After that he [5] Ibid. l. 4. required of the Cistertian Order all their Wool of that year: but because the Demand was grievous and importable, they made a pecuniary fine or Composition. The Second day of April was the [6] Ibid. l. 6. The fourth day of the Council. fourth and last day of his Council. (Secunda die mensis Aprilis celebravit diem quartum & ultimum Concilii sui) in which many Clercs, and Laics Complained of the Rapine and unjust Exactions of the Archbishop of York, but he gave them no Answer. Gerard de Camvil accused for Harbouring Thiefs, Then by the advice of the Chancellor (as it was said) Gerard de Camvill was acused for receiving Thiefs, who had rob the * They called Merchants then such as our ordinary Tradesmen are now that keep Fairs and Markets, especially the better sort of them. Merchants going to Stanford Fair. That they came from him when they did the Robbery, and returned to him after it was done: further they appealed him of Treason, and appealed of Treason. because he would not appear upon the Summons of the King's Justice, nor stand to the Law concerning the receiving of the Robbers, nor would bring them to Justice. (Praeterea appellaverunt eum [7] Ibid. n. 10. His Answer to his Accusation. de Laesione Regiae Majestatis, in eo quod ipse advocationem Justitiarum Regis venire noluit, nec Juri stare, etc.) His Answer was, he was Earl john's Man, or feudatary Vassal, and would stand to the Law in his Court. (Respondet se esse hominem Comitis johanis & velle in Curia sua Juri stare) he was also accused that he was with Force in the assistance of Earl john and other the King's Enemies when the Castles of Nottingham were surprised. Gerard denied all things, and his accusers gave security of Prosecuting, and he of Defending himself, by one of his Freemen. On the same day the King [8] Ibid. n. 20. declared the day of his second Coronation to be on the Close of * Easter Day was this year on the tenth of April. What the King of Scots Demands of King Richard were Easter at Winchester, and on that day went to Chipston in the same County to meet William King of Scots, who as they Journyed together toward Winchester, Demanded of the King the Dignities and Honours his Predecessors had in England, and also Demanded the Counties of Northumberland, Cumberland, Westmoreland, and Lancaster to be restored to him, as the right of his Predecessors. The King [9] Ibid. n. 30. King Richard's Answer. answered him he would satisfy him by advice of his Earls and Barons. They stayed at Northampton on the tenth and eleventh of April, where the King having deliberated and advised with his Bishops, Earls, and Barons; (Rex habito cum Episcopis & Comitibus & Baronibus suis cum Deliberatione Consilio Respondet etc.) gave him this Answer, That as to his Demand of Northumberland, he ought not then to have made it, when all the Princes of France were become his Enemies, for if he granted it, it would seem he did it out of fear, and not out of Affection. Yet the King [1] Ibid. n. 40.50. His Grant to the King of Scots. then by his Chart granted to him and his Heirs for ever in the presence of the Queen Mother, Hubert Archbishop of Canturbury, Hugh Bishop of Durham, jocelin Bishop of Glasco, and many other Clercs and Laics of both Kingdoms. That when ever they were summoned to the King of England's Court, The Bishop of Durham and Sheriff of Northumberland should receive him at the River tweed, and bring him to the River Tese, and there the Archbishop of York, and Sheriff of Yorkshire, should receive and conduct him to the Borders of that County, and so the Bishops of the Diocese and Sheriffs should Conduct him from County to County, until he came to the Kings Court. And from the Time he Entered England, he was to receive every day of the King's Purse an hundred Shillings (de Liberatione) of allowance or Livery,; and after he came to the King, and so long as he stayed there, he was to have every day, (de Liberatione) of Allowance thirty Shillings, and twelve of the King's fine Loaves or Cakes, (duodecim Wastellos Dominicos) and twelve of the King's Biscuits, or Simnel Loaves, made of fine Wheat flower and twice baked, duodecim Simenellos Dominicos) and four Gallons of the King's Wine, and eight Gallons of Ordinary Wine; and two pounds of Pepper, and two pounds of Cumin; and two Cakes of Wax weighing each eight or twelve pounds, (& duas petras de Cera,) and four wax Candles, and forty great long Candles of the King's Candles, (& quadraginta longos grossos Colpones de Candela Dominica Regis) and fourscore Ordinary Candles, and when he returned into his Country, he was to be conducted by the Bishops and Sheriffs to the River tweed; and to be allowed an hundred shillings a day.; This Charter was [2] Ibid. f. 4● a. n. 10. Delivered to William King of Scots at the Town of Northampton on the 12th of April 1194. being Easter Tuesday, by the hands of William Bishop of Ely the King's Chancellor: * Ibid. n. 30. Godfrey Bishop of Winton disseised. On the 15th the King came to Winchester, and Disseised Godfrey the Bishop of the Castle and County of Winton, and the two Manners he had bought of him before his Expedition to jerusalem, and the greatest part of his Patrimony. After the Coronation [3] Ibid. b. n. 20. on the 19th of this month Hugh B●shop of Durham on his own Accord would have Delivered to the King the County of Northumberland, with the Castles and other Appurtenances. The King ordered him to deliver them to Hugh Bardolf. The King of Scots offered 15000 Marks for them, saying his Father and his Brother Malcolm held them of the Gift of King Henry the Second, he might have had the County without the Castles for that money, but refused it. The Prisoners [4] Ibid. n. 30. The Prisoners taken in Earl John's Castle were some imprisoned, and others gave security. that were taken in Earl john's Castles were brought to Winchester, where the King caused the better sort of them to be Imprisoned, That they might compound or be fined, and the others gave security every one in an hundred marks, for Appearance upon Summons in the King's Court, and standing to Judgement there. On the 24th of April [5] Ibid. n. 40. An Agreement made between the Archbishop of York and the Chancellor. the King made Peace and final Concord between the Archbishop of York, and the Bishop of Ely his Chancellor, concerning all Controversies had happened between them, as well about the Archbishop's Imprisonment at Dover, as the Chancellor's being forced out of England, so as he when he was called to it by the Archbishop should Swear with an hundred Priests his Compurgators (cum centesima manu sacerdotum jurabit) That he neither Commanded nor desired he should be imprisoned. That day [6] Ibid. n. 50. & f. 421. a. n. 10. The King and his Mother pass over to France. He raises the Siege of Vernuil, and repairs its breaches. he and his Mother went to Portsmouth to pass beyond Sea, but Shipped not themselves until the 12th of May, and with an hundred great Ships laden with Warrior's, Horses, and Arms, and landed at Barbfleet; The King of France had besieged Vernevil Eighteen days, and when he heard of his Arrival, fled; the King of England came thither and repaired and strengthened the Breaches and weak places. Earl john [7] Ibid. n. 20. He and Earl John are made friends. by the Mediation of his Mother came to his Brother, and they were made friends, but the King would neither restore him to Castle or Lands. Commissioners [8] Ibid. b. n. 10, 20. The two Kings ravage and burn each others Country. on both sides were appointed and met, but could not agree about a Truce: So as afterward the two Kings destroyed one another's Countries with Rapine and Burning more than before. The King of France came to Eureux and totally destroyed and pulled down that City with the Churches, not sparing Age or Sex, and carrying away the Relics of the Saints. And this he did because the Citizens had left him, and returned to the Faith and Service of their Lord the King of England. From thence he marched with his Army to Freteval, and the King of England that he might be near him, and attend his Motions came to V●ndosme. He had been there but one night, when the King of France next morning sent him word, that day he would visit him with his Army: The King of England Joyful to hear the News, told the Messenger he would expect him, and if he did not, That next morning he would visit him with his Army. The King of France was not so good as his word; Therefore next morning early, the King of England marched toward him, he having notice of it, fled with his Army in such haste, as many of it were killed and taken, all the [9] Paris, fol. 176. n. 50. Hoved. ●. 421. b. n. 40. The King of France flees, and leaves his Camp a prey to the English. Wagons and Baggage fell into the Hands of the English, and much Treasure; the King's portable Chapel was there taken, and the Charts of all the Men or Vassals of the King of England, by which they gave themselves up to the service of the King of France and Earl john, against him, (& Chartae universorum Hominum Regis Angliae, qui se dederant Regi Franciae, & Comiti johanni, contra eum.) He pursued the King of France, but not finding him, returned to Vendosm with great Booty of Men and Horses, and very much Money. (Rediit Vendomiam cum praeda magna hominum, & Equorum, & pecunia Magna.) [1] Ibid. n. 50. & f. 422. a. lin. 1.2.3. King Richard pursues his victory with success. From thence he went into Poictou, and subdued Geoffrey de Rancune, and the Vicecomes of Engolesm, who had declared for the King of France and Earl john. Upon this success followed a [2] Ibid. 9.10▪ 20. A Truce made for one year. Truce for one year, agreed on by Commissioners on both sides, Dated the 23d of July 1194. The particulars are long and tedious, and not much to our purpose now. They are to be found in Hoveden, f. 422. a. b▪ When the [3] Hoved. f. 423. a. n. 10. Hugh Bardolphs' Demands of the Bishop of Durham. King was beyond Sea, Hugh Bardolf demanded the County of Northumberland, Newcastle upon Tine, and the Castle of Bamburgh of the Bishop of Durham, which he had promised the King to deliver; he delayed to do it while a Messenger he had sent to the King returned, by whom he offered him 2000 Marks for the County and those Castles. The Messenger brought Letters to Hugh Bardolf, that if the Bishop gave security for the 2000 Marks he should deliver him, the County and Castles. When he had the King's Letters, he told the Bishop if he would have him execute the King's Command, he was to Deliver him the County and Castles First, and then he would redeliver them as the King Commanded. The B●shop replied there was no need of that, because he had them in his possession. Hugh Bardolf sent the King his Answer, upon which he commanded the Bishop should be disseized of the County and Castles, and that he should pay the 2000 Marks; he also in his fury commanded he should be Disseized of the Manner of Sadbergh, with the Knight's Fees and Wapentach, which he had by his Chart granted to the Church of Durham in pure Alms, (& factum est ita) and so it was done. About this Time, [4] Ibid. n. 20.30. The Canons of York their Complaint against their Archbishop. The Canons of York complained to Hubert Archbishop of Canturbury, the King's Justiciary, of several Injuries they had received from their Archbishop; he by the Royal Authority which he received sent to York Earl Roger Bigod, William de Warenna, William de Stutevilla, Hugh Bardolf, William Bruer, Geoffrey Haget, and William Fitz-Richard a Clerc, to hear and determine according to right the Controversy between them. Commissioners sent by Hubert to determine the Controversy. They heard the Accusations and the Bishops Answer, and Answers of such as belonged to him, and caused his Men that were accused of Robbery to be imprisoned, and although he warranted what they had done, he could not Bail them, praeceperunt homines Archiepiscopi qui calumniati fuerant de robberia capi & incarcerari; The Archbishop disseized of his Manners, and the Canons are restored. & quamvis Archiepiscopus opera eorum warrantizaret, non tamen potuit eos plegiare. Then they summoned him to come and hear Judgement, and because he would not, they Disseized him of all his Manners Except R●pon where he was then withdrawn, and caused the Canons to be placed again in their Stalls, of which he had disseized them, and at their Departure put the Archbishop, and Sherifwic of Yorkshire under the Custody of William Stutevil and Geoffrey Haget. Itinerant Justices so it through England. In September the King sent Itinerant or Errand justices through every County of England: The form of proceeding then used in Pleas of the Crown, and the Articles or Heads of such Pleas are to be found in the [5] Append. n. 77. Appendix, where they are translated, for the advantage of such as might not otherwise clearly understand them, who desire to know the Difference between the Ancient and Modern Pleas of the Crown, and the Institution of Itinerant or Circuit Justices. At the same time the King [6] Hoved. f. 424. a. n. 20.30▪ 40. Articles concerning the Jews given to the Itinerant Justices. Directed several Articles to the Justice's Itinerant about the jews. That all their Debts and Pawns should be inventoried, and all their Lands, Rents, and Possessions; and if any jew concealed any of these matters, he should forfeit his Body (that is, should be imprisoned) and the Concealment (That is, what they had concealed) and all their Possessions and Goods: Nor should it be lawful for any jew to recover the concealment; That is, to have it restored. That six or seven places should be allowed where the jews should lend their Money, and take Pawns, and there should be two Legal Christians, and two Legal Jews, and two Legal Scribes appointed, before whom and the Clercs of * These in all probability were the Justices of the Jews: for in those ancient times they had particular Justices assigned them by the King. William of St. Mary's Church, and William de Chimelli, the Money lent upon the Pawns, and the Pawns taken should be transacted, and that the Charts of the Money lent and Pawns taken should be in form of a Chirograph, and one part should remain with the jew, sealed with his Seal that Borrowed the Money, and the other part to remain in a Common Chest, to which there were three Locks, of which two Christians were to have one Key, and two jews another, and the Clercs of William of St. Mary's Church, and William de Chimelli, the Third, and besides those Locks, three Seals were to be affixed by those that kept the Keys, and that the Clercs of William, and William should have a Transcript; and as the Charts were changed, the Roll was to be changed. For every Charter three pence was to be paid, half from the jew, and half from him that Borrowed the Money; of which the Scribes were to have two pence, and the Keeper of the Roll one penny, and for the future no security should be given, or Pawns taken, nor no payment made to the jews, nor no changing of Charts, but before the foresaid persons, or the Major part, if all could not be present; and that the two Christians should have one Roll of the Payment of the jews to them for the future, and that the two jews should have one, and the Keeper of the Rolls one. Also every jew was to swear upon his Roll, (he did not believe the Gospels) That he would cause all his Debts, Pawns, and Rents, and all his things and possessions to be Inventoried; and that he would conceal nothing, and if he knew any thing another man concealed, he would reveal it to the justices sent about that Affair; and that he would discover all Falsifiers, and Forgers of Charts, all Clippers of Money, wherever he knew them. Furthermore, Inquisition was to be made, what the King's Bailiffs had taken or Exacted as well his Justices, Sheriffs, Constables, and Foresters, as their servants, after the first Coronation of the King, and why those prizes were taken, and by whom, and of the Chattels or Goods offered, Gifts, and Promises made, by occasion of the Seisin made of the Lands of Earl john, and his Favourers, who received them, and what; and the Delay they received by the Archbishop of Canturbury, then justiciary of the King. The King [7] Hoved. f. 424. a. n. 50. The King forces his Officers to a Composition. all this while was in France, and having finished his Business in Poictou according to his desire, returned into Anjou, and forced all his Officers to a Composition; and did the like in Main; and from [8] Ibid. b. lin. 1.2.3. etc. The Seal taken away from the Chancellor, and a new one made. thence coming into Normandy, took it ill, whatever had been done in the late Truce; and imputing it to the ill Management of his Chancellor, took his Seal from him, and made a new one, and sent into, or caused it to be published in all his Dominions, That nothing should be firm or of force, that had been sealed with his old Seal. And commanded that all who had Charts, should come and renew them at his new Seal. The King then [9] Ibid n. 10. ordered there should be Torneaments, that is, Tilt, and Feats of Arms, shown in * These Hasti●udes or Tilt were brought out of France, and probably before this time, but seldom if at all used in England. What was paid for Licence of Tilting. And to whom it was paid. England; and by his Chart confirmed it: So as every one that would Tilt or show Feats of Arms, should pay according to the following Rates; An Earl for Licen●e of Tilting Twenty Marks of Silver, Barons Ten Marks of Silver, every Knight that had Land Four Marks of Silver, every Knight that had no Land Two Marks of Silver: And he commanded, That ●o Knight should be admitted to the place of Tilting▪ unless he first paid down his Money. The Chart of this Grant, the King gave to William Earl of Salisbury to keep; and Hubert Walter the King's Chief Justice, appointed Theobald Walter his Brother Collector of this Money. [1] Ibid. f. 425. a. n. 40. The Archbishop of York is reconciled to the King. The Archbishop of York went into Normandy to his Brother, and was reconciled to him for 2000 Marks. [2] Ibid. f. 428. a. n. 20. A. D. 119●. Earl John is pardoned by the King, and is restored to his Honours and Possessions. And also pardoned his Brother john, and restored him the Earldom of Moreton, the Honour of Ay, and Earldom of Gloucester, with every thing belonging to them, except the Castles; and in lieu of his other Earldoms and Lands, he allowed him 8000 l. of * That is, ●000 l. Sterling. Hugh Bishop of Coventry is pardoned. An●ou Money. The same year he pardoned Hugh Bishop of Coventry, [3] Ibid. n. 30. And restored to his Bishopric for a Sum of Money. and restored his Bishopric for 5000 Marks of Silver: And that year Hubert Archbishop of Canturbury at the King's Request was made the [4] Ib. b▪ n. 40. ●he Archbishop Hubert made the Pope's Legat. Pope's Legate of all England. The next year there happened a Dissension amongst the [5] Ibid. f. 135. b. n. 2. Citizens' of London about an Aid imposed upon them. [6] f. 181. n. 20 A. D. 1196. A Dissension among the Citizens of London about paying an Aid or Tallage. Matthew Paris says it was a Tallage exacted of them by the Officers of the King's Exchequer. The Rich and best Citizens to spare themselves, cast the whole or the greatest part of it upon the ordinary People. A certain Lawyer called William with the Beard, the Son of Os●ert, became the Advocate of the ordinary People, and would have had the Tallage paid equally, according to the Estates and Abilities of the Citizens, and passed beyond Sea to the King, and obtained of him that the ordinary People should be freed from it. Hubert the Archbishop and Kings Justiciary was much moved at it; and commanded that where any ordinary Citizens were found out of the City, they should be taken as Enemies to the King and Kingdom. At Stanford Fair in Lent some of the ordinary Tradesmen of London were taken by the King's Justiciaries Warrant; who also commanded That William with the Beard should be taken, and brought before him. One Geofry a Citizen was sent to take him, whom he killed; and when others would have taken him, he fled with some of his Company, and shut themselves up in Bow- Church in Cheapside; and when they would not come out, there was force used, yet they would not render themselves, but defended the Steeple, where by Command of the Archbishop a Fire was made under them, and so they were smoked out; and William with the Beard was taken, and carried to the Tower, and there judged to be Hanged; and was drawn through the City to the Gallows, and there Hanged with eight of his Companions; and the other Citizens that were in the same Tumult or Riot, cast themselves upon the King's Mercy, and found Sureties for the Peace. The Archbishop as he thought [7] Hoved. f. 436. b. n. 30. The Archbishop begs of the King to ease him of the Secular Government, but was not granted. was overburdened with the Care of the Government of the Church and Kingdom, and therefore made it his request to the King to ease him of the Secular Government: He was very unwilling to do it, as knowing there was not one like him for the Preservation of the Laws and Rights of the Kingdom or Government. But he repent, and having looked into the Rolls of Accounts, he let the King know, That the last two years only, he had out of the Kingdom of England, procured to his use, Eleven * More than five Millions Sterling now, according to the price of things then. A. D. 1197. Hundred Thousand Marks of Silver: and added, That if he thought his Service necessary, and it was his pleasure he should still serve him, he would not refuse the Labour notwithstanding his Age. In the year 1197. King Richard made an Assize of Measures, (Assisa De [8] Ibid. f. 440 b. n. 10. One Assize of Measures and Weights appointed over England. Mensuris facta per Richardum Regem Angliae.) He appointed one Measure throughout all England for all sorts of Grain, as well in Cities and Boroughs, as without. Also, That the Measures of Wine and Ale, and other Liquors, should be the same all the Nation over, according to the Diversity of Liquors. And the Weights to be the same, according to the Diversity of Things Weighed. And all Measures were so to be secured as they could not be falsified. He ordered, That all Woollen clothes wherever they were made should be of the same Breadth, that is, Two els within the Lists. And that the els should be made of Iron. Keepers of the Assize made in Cities and Boroughs. He also ordered there should be Four or Six; according to the largeness of the City or Borough, assigned in every City or Burgh, who should see and search, That all things were sold according to these appointed Measures and Weights: And if they found any one that confessed, or was convicted, of selling by other Weights and Measures than by those appointed, he was to be imprisoned, and all his Goods to be seized into the King's Hands. The Penalties inflicted upon Transgressor's of the Assize. If the keepers of the Assize were negligent, and were convicted before the King's Justices, they were to be in the King's Mercy concerning their Goods. And he commanded, That no Man in any County after the Feast of Purification, should sell any thing but by the Measure prescribed: Nor that any Man after the Fair at Stanford in Mid-Lent should sell any Cloth that was not Two Yards within the Lists. The year following King Richard desired of the [9] Ibid. f. 441 b. n. 40. A. D. 1198. Feudataries or Military Men of England, by Hubert Archbishop of Canturbury, (Richardus Rex Angliae per Hubertum Cantuariensem Archiepiscopum petiit, ut Homines Regni Angliae invenirent ei, etc.) That they would find him 300 Horse (trecentos milites) to remain in his service for one year, The King's Feudataries to find 300 Horse, or pay so much as would maintain them. or that they would let him have so much money as would maintain so many Knights & milites) and give them for their Livery or Wages (de Liberatione in die) every day three shillings of English money. All present (not daring to deny it) consented to the proposition, except Hugh Bishop of Lincoln, lest for the future it might do injury to his Church. The same year the King took an Aid of [1] Ibid. f. 442. b. n. 50. A. D. 1198. The King takes an Aid of every Hyde in England. Who were appointed, and the Manner how it was Collected. five shillings of every Carucate or Hide in England, Eodem Anno Richardus Rex Angliae accepit de unaquaque Carucata terrae sive Hyda totius Angliae quinque solidos de auxilio; and sent into every County, one Clerc and one Knight to Collect it, They were Directed to the Sheriff, which three, with certain legal Knights chosen for that purpose, and Sworn faithfully to Execute the King's Business, caused to come before them the Stewards of the Barons of that County, and the Lord of every Town, or the Baylif of the Town, and the Reeve with four lawful men of the Town, whether Freemen or Rustics (sive liberis, sive Rusticis) and two of the most legal Knights of the Hundred who did Swear, and faithfully Discover how many Plough-Tilths there were in every Town, how many in Demeasn, how many in Villanage, (Quot in Dominico, quot in Vilenagia) how many the Religious held in Alms, and what Services they did for them. And upon every Plough-Tilth they imposed first two shillings, than three shillings, and enrolled them all; whereof the Clerc had one Roll, the Knight another, the Sheriff a third, and the Baron's Steward a fourth. The money was Received by two Knights, and the Baylif of every Hundred, and they answered it to the Sheriff, and he according to his Roll answered it at the Exchequer before the Bishops, Abbats, and Barons, assigned for that purpose. The [2] Ibid. 443. a. n. 10. Penalties inflicted upon Concealers against their Oath. punishment appointed for such as concealed any thing against their Oath was, if he was a Rustic, That is a Villain (si Rusticus Convictus fuerit) he was to give his Lord the best Ox in his plough, and pay as much of his own to the King's use, as by his Perjury he had Concealed. If a Free man was Convicted, he was in the King's Mercy, and was to answer as much of his own to the Kings use as he had Concealed. It was also ordained that the Barons with the Sheriff should Distrein their Tenants, and if they did not, so much should be taken upon their Demesnes, as the Tenants were in Arrear. All free fees, That is Manners and Military fees belonging to Parochial Churches, and Serjeanties', which were not settled upon Knights Fees were excepted out of this Aid, What Fees were excepted out of this Aid. yet the names of the Sergeants and the value of their Lands were enrolled, and they were Summoned to be at London 15 Days after Whitsunday to hear and do the King's Command. According to the Estimation of legal men, they which were to give in the Number of Plough-Tilths, allowed to every one an Hundred Acres. A. D. 1198. The Monks of the holy Trinity in Canturbury not well pleased with some of Archbishop Hubert's Actions, [3] Ibidem. n. 30. A complaint made to the Pope against Archbishop Hubert by the Monks of Canturbury. sent some of their Number to Rome and complained to Pope Innocent, That contrary to his Order and Dignity he was justiciary of the Kingdom, and a Judge in Causes of Blood, and so involved in Secular Business, That he could not but neglect the affairs of the Church. Particularly they accused him, That the Peace or Sanctuary of the Church of St. Mary del Arch, or Bow Church London, was violated by his precept, and that William with the Beard was violently taken out thence with nine of his Companions, adjudged to Death, and tied to Horse Tails, Drawn to the Gallows and Hanged. Upon this Complaint [4] Ibid. n. 40. The Pope sends to the King to remove him from Secular business. the Pope sent a Paternal Admonition to King Richard, That for the health of his own Soul, he should remove him from all Secular Business, and that for the future he should neither admit him nor any other Bishop or Priest to any Worldly employment or Administration, and Commanded all Prelates by virtue of their Obedience they should not dare to undertake them. [5] Ibidem. He is set aside. And thus the Archbishop was set aside, and Geofry Fitz-Peter succeeded him in the Government of the Kingdom. They accused him also, [6] Ibid. n. 50. That in prejudice of the Mother Church of Canturbury he had built a Chapel at Lambhithe, and placed secular Canons in it, and endowed them with their Rents and Goods, and contrary to the Custom and Dignity of the Church of Can●urbury had Consecrated Bishops in it, so as they feared, unless timely prevented, the Dignity of the Mother Church would be Diminished, and transferred to that Apostate Chapel, (ad Cappellam istam Apostatricem transferri videretur.) [7] Ibid. & b. n. 20, 40. Pope Innocent much moved at this Information, writes to him to Demolish the Chapel within thirty days, after the Receipt of his Letters, and let him know if he did not, he was thereby suspended from his Episcopal Dignity and Function, until he should appear before him and make satisfaction. His Letters Bare Date the 8th of May at Rome in the first year of his Pontificate or Popeship. Coelestin Died on the eighth of January, and he was chosen next Day by the Cardinals, being then a Deacon Cardinal, and not much above 30 years of Age. [8] Ibid. ●ol. 442. a. n. 10. Innocent made Pope at 30 years of Age. Coelestinus Papa senio & gravi Morbo laborans obiit Romae, mense Januarii, sexto Idus ejusdem mensis, feria sexta (Saturday) septimo Anno Papatus sui & Laterani sepultus est; Crastino autem obitus illius Convenientes in unum Cardinales Eligerunt in Summum Pontificem Lotharium Diaconum Cardinalem Juvenem triginta annorum, vel paulo amplius; Qui vocatus est Papa Innocentius. The Archbishop [9] Ibid. f. 444. a. n. 10. The Archbishop seizes the Revenues of the Monks, and the Oblations at Tho. Beckets Tomb. thought himself so well Guarded by the King's Power, that he hoped he might overcome all his Adversaries, and therefore seized into the King's hands all the Revenues of the Monks, and the Oblations made at Thomas Beckets Tomb; and little valuing the Pope's Commands, shut up the Monks in their Cloisters. Yet at length by the advice of his friends he Demolished the Chapel at his own Charge. The Truce [1] Ibid. n. 50. A. D. 1198. The Truce between the two Kings expired. between the two Kings for the Time of Harvest being expired, they entered one another's Countries, wasting them with Fire and Sword, carrying many Prisoners away on both sides. [2] Ibid. b. l. 3. The King of France causes the eyes of the English to be pulled out. The King of France found a new way of Exercising his Cruelty upon the King of England's people, by pulling out their Eyes, which provoked him to do the like. At this time [3] Ib. lin. 6. Many Noble men desert him, and adhered to the King of England. The Duke of Louvain, the Earl of Brene, Baldwin Earl of Flanders, the Earls of Ghisnes and Bologn, Geofry Earl of Perch, the Earls of St. Giles and Blois, and Arthur Earl of Britain, left the King of France and adhered to the King of England, Swearing to him, and he to them, That he would not make Peace with the King of France unless by Common Advice. The Earl [4] Ibid. n. 10. of Flanders Besieged St. Omars, and took it by Force, as also Air, and many other Towns of the King of France. In September, the two Kings [5] Ibid. n. 10. The King of France put to Flight. skirmished between the Castles of Gamache in Veuxin and Vernon, in which Congress the King of France was put to flight, and lost twenty Knights, sixty Esquires, and many Horse and Foot, and was pursued until he recovered his Castle of Vernon. On the 27th of the same month [6] Ibid. n. 20.30.40. He is again routed by King Richard. He hardly escaped drowning. King Richard took by Assault the Castle of Courcelles, between guysor's and Dangu, and another small Castle called Burriz; on the 28th the King of France Marched with a great army from Mant toward Curcel, which he thought had not been taken; The King of England met and fought with him between that Castle and guysor's. The French were routed, and their King fled to the Castle of guysor's. When he came upon the Bridge, it was so laden with the Numbers that strove to enter the Castle with him, That it Broke, and the King fell into the River Ept, and if he had not suddenly been drawn out had been drowned. In this Engagement the King of England with his own Lance overthrew three Knights [7] Ibid. n. 50. & f. 445. a. Matthew Mountmorency, Alan de Rusci, and Fulk de Gilerval, and took them Prisoners. Besides there were taken [7] Ibid. n. 50. & f. 445. a. above an hundred Knights: The names of above forty of them of greatest note the King sent in a Letter, wherein he gives an Account of this Victory to the Bishop of Durham: Also seven score horses covered with Iron, and many ordinary horse and foot (septies viginti Equos ferro Coopertos, & servientes Equites, & pedites Multos. During four years and somewhat more, from King Richard's first going over into France after his imprisonment, Several Treaties between the Kings of England and France▪ prove ineffectual. until the five year Truce made at the Treaty between Andely and Vernon; the two Kings had harassed and destroyed each others Country with Fire and Sword, many Treaties had been ineffectual, and the Truces that were made, were almost as soon broken as Concluded. The first Treaty [8] Ibid. f. 421. b. n. 10. A. D. 1194. was about a Truce for three years at or near his first going over. And when all things were agreed, The King of France would have all that had been of one side or other, and were of the same Country or Dominion included, so as they might not take Revenge or molest one another for acts of hostility or injuries in the time of War. But King Richard would not violate the Customs and Laws of Poictou, or his other Dominions, in which it was from Antiquity Customary, for the Great Men to Decide their Controversies one with another by their Swords. Impeditae [9] Ibid. n. 20. sunt Treugae quia Rex Angliae violare nolebat Consuetudines & leges Pictaviae, vel aliarum Terrarum suarum, in Quibus Consuetum erat ab antiquo, ut Magnates Causas proprias invicem Gladiis allegarent; and soon after happened the Engagement near Vendosme and Freteval before related. Next year they came to this [1] Ibid. f. 431. a. n. 40. A. D. 1195. Lewis the King of France his Son to Marry King Richard's Niece. Agreement, That Lewis Son and Heir of the King of France should Marry the Sister of Arthur Duke of Britain Niece to the King of England, who was to release to them and their Heirs guysor's, Neafle, Baudemont, and Vexin Norman, also Vernon, Iveri, and Passi, and besides should give them 20000 Marks in Silver. On the other side the King of France was to [2] Ibidem. release all things he claimed in the Earldom of Engolesm, and was to restore the Earldoms of Albemarle and Ou, the Castles of Arches, and many other Castles he had taken in Normandy and his other Territories by War. But the perfecting of this Agreement was deferred until the eighth of November, because the Emperor [3] Ibid. n. 50. prohibited the King of England he should not make peace with the King of France without his Advice and Consent. In this Treaty Alice Sister to King Philip was delivered to him, and he presently married her to the Earl of Pontive. The King of England [4] Ibid. b. n. 10. The Emperor is against King Richard's concluding a Peace with France. sent to the Emperor, William Bishop of Ely and others, and found him not pleased with the Terms of the Peace; and rather than it should be perfected, he offered to remit, 17000 Marks, of his Ransom which was unpaid, toward his charge in recovering what was lost; yet King Richard kept his Day, and very hour of [5] Ibid. n. 20. King Philip promises King Richard a meeting, but fails. meeting the King of France near Vernevil. The Archbishop of Rheims met him and told him from the King of France, he ought to make so much haste, for he was then busy with his Council. The King of England believed him, and expected at a place near by, while he would expect to hear of the King of France no longer, and then went that he might speak with him. When Philip Bishop of Beavais before him, told the King of England, that the King of France challenged him of Breach of faith and Perjury, for that he had sworn and given his Faith he would be at the Treaty such an hour and came not, and therefore he defied him, and so they parted. Within [6] Ibidem. The French enter Normandy, and ravage and burn Towns and Ships. three Days the French entered Normandy, and made great Ravages there, they burned Diep and the Ships and Vessels in Port. King Philip rambling up and down with his Army, came to Issoudun in Berry, took the Town and besieged the Castle. The King of England hearing of it, made what hast he could out of Normandy, came thither and entered the Castle, where a great many armed men flocked to him. [7] Ibid. n. 30.40. They desire a Treaty, which was granted, and a Peace concluded. The King of France liked not his Station, and desired he might march away without any interruption to his Army, which being denied, he desired a Treaty, which was granted. This was on or about the [7] Ibid. n. 30.40. They desire a Treaty, which was granted, and a Peace concluded. Sixth of December, and by the Mediation of the Archbishops and Bishops on both sides there present, it was sworn on both parts, That there should be peace and concord between themselves, their Men or Vassals, and their Dominions, (inter se, homines suos, & terras suas) until the Feast of St. Hilary next coming, and that then they should meet at Loviers, to make final Peace and Concord (ad pacem & finalem concordiam faciendam) before a greater Audience or Convention of their people. After the [8] Ibid. f. 435. a. n. 10. A. D. 1196. The Articles of the Peace. Feast of St. Hilary, or on the 14th of January, they met at Loviers, where by advice of their Men, or Great Feudataries, (ubi inter eos Concilio Hominum suorum) They agreed, That the King of France and his Heirs, should Quiet-Claim or Release to the King of England and his Heirs, Issoudun with its Appertinencies, and all the Right he had in Berry, Avergn, & Gascony; and That he should render to him the Castle of Arches, the Earldoms of Albemarle and Ou, and the other Castles he had taken by War. [9] Ibid. n. 10. The King of England for this was to Quiet-Claim or Release to the King of France guysor's Castle, and all Veuxin Norman: And for the Performance of this Peace, they were bound to each other in 15000 Marks of Silver, and found Sureties one to another for that Sum. The King of France Repent him of this Agreement, and Levied a great Army, [1] Ibid. n. 40.50. The King of France breaks the Peace made between him and King Richard. and besieged Albemarle; he took the Castle and demolished it, and received of the King of England 3000 Marks for the Ransom of his Knights and Esquires there taken: For which the King of England caused the Goods and Possessions of the Abbats of the great Monastery of Clugni, St. Denis, and la Charite, in all places of his Dominions to be seized, as being Sureties to him for the 15000 Marks. [2] Ibid. b. lin. 1. Afterwards the King of France took Nonan Court, and John Earl of Moreton the King's Brother took the Castle of Gamache. Andeli sur Seine, or the Isle of Andeli sur Seine belonging to the Archbishop of Roven, was a [3] Ibid. f. 437. a. n. 10. A. D. 1196. notable pass, or Inlet into Normandy, through which the King of France used often to take his way over the Seine, to waste and harass that Country. The King of England to hinder his getting over the River that way, and for the safety of his People, built a Castle in it, contrary to the mind, The sentence of Interdict pronounced against Normandy. and notwithstanding the prohibition of the Archbishop; and because he would not desist upon his prohibition, he pronounced the sentence of Interdict against Normandy, and went to the Pope. There happened the same year a [4] Ibid. & n. 20. A Skirmish between the Domestic Servants of both Kings. Skirmish between the Domestic Servants of each King, Hugh de Chaumout, a stout Rich Knight, and Favourite of the King of France, was taken, and delivered to the King of England, and delivered him to Robert de Ros to be safely kept, and he delivered him to his Esquire or Servant William de Espinai to be kept in the Castle of Bon-Ville upon Took. In the night by his consent and permission he made his escape. The King angry at it, imprisoned Robert de Ros, and caused him to pay a Composition of 1200 Marks for his Liberty, and William de Espinai a Traitor to his Master was Hanged upon a Gallows. On the 19th of May, [5] Ibid. n. 40. A. D. 1196. Earl John defeats Philip Bishop of Beavais. john Earl of Moreton and Marchades, the General of the Brabanters, with a good Body of Horse appeared before the City of Beavais: When they came to plunder and waste that Country, Philip the Bishop and William de Merlou with his Son, and many Knights, and ordinary People went out armed to oppose them: They were presently routed, the Bishop, William de Merlou his Son and some Knights were taken, and most part of the ordinary People were killed. The same day they marched to Milli, a Castle belonging to the Bishop, and took it by assault, and demolished it; and so returned in Triumph into Normandy, and delivered their Prisoners to the King. The Bodies of the Dead lay [6] Ibid. n 50. A. D. 1197. unburied in the Streets of the Cities of Normandy; and the King being mightily Troubled, the Archbishop would not Release the Interdict, [7] Ibid b. lin. 2. & n. 10. King Richard sends Messengers to the Pope to make his defence. sent the Bishop of Lisieux and Philip the Elect of Durham after Christmas to the Pope, to make his Defence before him. They appearing in his presence with the Archbishop, He asserted his Right he had in Andeli, and complained of the Injury King Richard had done by Building a Castle upon the Patrimony of the Church of Roven without his assent, and contrary to his pleasure. To which they answered, [8] Ibid. n. 10. ●0. Their Plea in the King's behalf. The King had often offered him by the Mediation of his Bishops and Abbats, Earls and Barons, full satisfaction by the Estimation of discreet understanding Men; and did affirm on behalf of the King, he could not part with That Island of Andeli in which the Castle was built, because the King of France made his passage that way into Normandy, and often wasted it; and therefore the King of England fortified it for the Defence of his Country against the King of France. [9] N. 20.30. The Pope's advice to the Archbishop of Roven. The Pope and Cardinals after long Deliberation, attending the Damages which might accrue to Normandy, if there were not a Castle built there, Advised the Archbishop amicably to compose the Matter, and to accept Recompense according to the Estimation of honest and wise Men, (Secundum proborum & sapientum virorum Aestimationem) Saying, It was lawful for Kings and Princes to fortify the weak places of their Countries to avoid Damage to themselves and People. The Interdict released. This done, the Pope Released the Interdict. The Messengers and Archbishop being Returned with the Determination of the Pope and Cardinals, [1] Ibid. n. 40. What the King gave the Archbishop for a recompense. the King summoned the Bishops, Abbats, Earls and Barons of Normandy together, and gave to Walter Archbishop of Roven in Recompense of his Town of Andeli, the Town of Deipe with its Appertenencies, the Mills of Robec in the City of Roven, and Loviers with its Appertenencies, and much more according to the King's Chart and the Pope's Confirmation in [2] Col. 701. n. 40. & Col. 702. Ralph de D●ceto; by which exchange the Archbishop confesseth the Church got above Five [3] Ibid. Col. 700. n. 30. hundred Pounds. The same year [4] Hoved. f. 437. b. n. 50. A. D. 1197. He plundered and burnt St. Valeri. Richard came to St. Valeri, and burned the Town, and Destroyed the Monks, and carried with him into Normandy the Shrine and Relics of St. Valerie; in that Port he found Ships from England laden with Grain and Victuals, he hanged the Mariners, burned the Ships, and distributed the Corn and Victuals amongst his Soldiers. Then came into King Richard [5] Ibid. f. 438. a. lin. 2. Several People Confederate with King Richard against King Philip. the People of Champaign, the Flemings, and Britan's, they gave Pledges mutually they would not make Peace with the King of France, but by common advice. The King of England Bribed with Gifts many of the Great Men of France; he gave to the [6] Ibid. n. 10. Earl of Flanders 5000 Marks for his assistance, and he gave Hostages, he should not make Peace with the King of France without his consent; and the same the King of England did to him. [7] Ibid n. 20.30. The King of France made him great Offers to leave the King; but not being able to effect it, he again Capitulated with the King of England. The Sons of [8] Ibidem. Hubert composes the Differences between the Welsh Princes. King Rese the Son of Gr●ffin, contended after the Death of their Father who should Reign; Hubert Archbishop of Canturbury went to the Borders of Wales and made them Friends. Philip Bishop of Beavais [9] Ibid n 50. The Bishop of Beavals his complaint to the Pope against King Richard. sent his Brother the Bishop of Orleans with his Epistle to the Pope, informing him he was made Prisoner by the King of England; and complaining how he was bound and laden with Irons, notwithstanding the Dignity of his Order; and, as he says, petitioned him with Tears for Relief. The Pope [1] Ibid. b. n. 20. etc. The Pope's Answer. writes back to him, That he had put on a Soldiers Armour in stead of a Priest's Habit and Vestments: That the King of France was bound by Oath not to do any Damage to the King of England's Towns and Countries, during the Time of his Peregrination; and That he had impudently against his Faith and Oath, by force seized his Towns, and cruelly wasted his Countries: That Humility against Pride, Right and Equity against Wrong and Injury, and Modesty against Arrogance, fought for the King of England: That he was not only a foolish Adviser of, but an insolent Actor in his King's extravagant Madness; and at last told him, he could only supplicate the King of England in his behalf, for in such a case he neither could nor ought to Command. But whether the Pope wrote in his behalf, or notwithstanding what he wrote, he remained in Prison, and toward the latter end of the year 1198, offered King Richard for his [2] Ibid. f. 449. a. lin. 4. Liberty 10000 Marks of Silver. The two Kings made a Truce again for one year from the Feast of St. Hilary, [ ] Ibid. f. 439. a. n. 10. A. D. 1198. And presently broken. designing to make Peace, A Truce made between the two Kings. and final Concord between themselves. But in September following this Truce was broken, as hath been said in the Relation of the Skirmish between Gamache and Vernon, and the Battle between Curcels and guysor's; yet in November that [4] Ibid. f. 446. b. n. 40. year they made Truce again, until the Feast of St. Hilary: from this time to the Death of Richard all Hostility ceased between the two Kings. These are some of the Battles, Skirmishes and Engagements, and the most notorious, that were fought and happened between King Richard and King Philip in France; some of the Truces that were as soon broken as made; some of the Barbarous Devastations and Plunderings; some of the Inhuman Killings, and Leadings into Captivity, committed and practised there, during those last five years' King Richard was in that Kingdom, from the middle of May 1194, to the 6th of April 1199, the time of his Death. Let us now take a Turn into England. In the year 1198. Geoffrey Fitz-Peter, A. D. 1198. the new Justiciary of England, sent forth [5] Ibid. f. 445. b. lin. 7. Itinerant Justice's scent forth by the Chief Justic●y. Itinerant Justices; and Hugh Bardulf, Mr. Roger Arundel, and Geoffrey Haget, had committed to them, and journeyed through Lincoln, Nottingham, Derby, York, and Lancashires, Westmoreland, Cumberland, and Northumberland, and held Pleas of the Crown and Forrest. The Articles of Heads whereof see in the [6] Append. N. Appendix with their English version. There was a Controversy Depending between the Bishop of Durham, A Controversy between the Bishop of Durham, and Robert Turnham. and Robert de Turnham for the Manner of Clif, which was Tried before these Justices. At the [8] Ibidem. n. 50. Request of Robert de Turnham the Bishop granted him he should have a Recognition or Verdict of 12 Lawful men of the Neighbourhood of Clif, (Philippus Dunelmensis Episcopus ad petitionem Roberti de Turnham concessit ei coram Rege Recognitionem Duodecim Legalium hominum, de visneto de Clif) who had the greater right in that Manner of Clif, That is to say, whether he Robert ought to hold that Manner of the Bishop, and thereof to be his Man or Vassal, (& inde Homo suus esse) or the Bishop ought to have it Demeasn. The Twelve men recognized or gave in their Verdict upon Oath, The Jury give in their Verdict for Robert de Turnham. That that Manner was the haereditary right of the Wife of the foresaid Robert, the Daughter of William Fossard, and so the Bishop lost that Manner of Clif, which his Predecessors had peaceably enjoyed a long time, (multo tempore) [1] Ibid. f. 447. a. l. 1. These things were done before Hugh Bardulf, Mr. Roger Arundel, and Geofry Haget at that time Justices of the Pleas of the Crown at York. The religious this * Ibid. f. 446. a. n. 50. A. D. 1198. same year gave the King five shillings of every Plough-Tilth, as the other men of the Kingdom had done. The King this year Commanded all men as well Clercs as Laics, That had any Charts or Confirmations of Charts, under his old Seal, should carry them to his [2] Ibid. f. 446. b. l. 1. King Richard's New Seal. New Seal to have them renewed, or they should be of no force. Upon this Edict Mr. Pryn says in his first Tome of his [3] f. 1133. All Charts to be renewed. Chronological Vindication, etc. That he found most of his Charters to Monasteries renewed in the 7 th' and 10 th' years of his Reign, which he had granted in the first, or any other year before it. [4] f. 195. h. 20. Mat. Paris says they were Renewed that year about Michaelmass. As it had been appointed, the two Kings met to [5] Ibid. f. 449. a. n. 20, 30 A. D. 1●99. King Richard treats with King Philip on Horseback. Treat on the Feast of St. Hilary or 14th of January, between Andeli and Vernon, The King of England came thither up the River Seyn in a Boat, and not willing to come on Shore, spoke with the King of France as he Sat on Horseback upon the River Bank. They appointed another day of Treaty; When by the Mediation of Peter of Capua Cardinal Deacon of St. Mary, and the Pope's Legate, and by the advice of other great men on each party, agreed upon a Truce for five years from that Feast: A Truce agreed upon for five years. Upon this only Condition, That things and possessions should remain as they then were on both sides. Rebus & Tenementis sic se habentibus ex utraque parte, ut tunc erat, and confirmed the Agreement with their Oaths. Matthew Paris [6] f. ●94. n. 40, 50. Mat. Paris his Account of the Treaty. gives a more particular Account of this last Treaty, and tells us, That after the Battle between Curceles and guysor's in the latter end of September or beginning of October 1198. wherein the King of France his Troops were routed, and much weakened; Compelled by necessity, he sent to the Pope to Request his interposition, That a Peace, or at least a Truce for some time, might be made between him and the King of England. That such as were willing to undertake the Crusado, might with the greater liberty and forwardness do it; and that it might be accomplished, with more firm security, he desired a Cardinal might be sent with such full power, That if need were, he might force either of them, if obstinate, to peace and Concord. Pope Innocent who much affected the Business of the Cross, induced thereto more by money then Devotion, (Innocentius Papa, qui negotium Crucis plurimum affectabat, plus pretio quam precibus inductus, Misit etc.) sent Peter de Capua a Cardinal to make Peace between them, who when he came to the King of France, by his Advice took some Bishops of both Nations with him, and went to the King of England; and Opened to him, what injuries, damages, and depredations had been, and might be done in both their Dominions, if a firm Peace was not established. King Richard [7] Ibid. f. 195. lin. 1. King Richard refuses to do any thing upon the Pope's accou● answered with indignation, That he was not of right, to do any thing upon the Pope's Account, especially seeing he had often requested him, To compel the King of France by Ecclesiastical Censures, to restore him his Dominions and Castles, he had unjustly seized upon, Despising the Oath he made, not to give him any Trouble, while he was in the Holy Land, reducing it to the Obedience of the Christians: And therefore in regaining his Inheritance, by reason of the Pope's Remissness, he was forced to consume a vast Sum of Money, when as the King of France had not only been guilty of Perjury, but deserved to have had the Sentence of Excommunication pronounced against him: Neither did he know whether he desired a Truce or not. Then the [8] Ibid. n. 10 The Cardinal advice to King Richard. Cardinal calling the King aside, and enjoining him secrecy, acknowledged, That he was sent from the Pope at the instance of the King of France, That he might compound the Differences between them; and Advised the King, for that time to acquiesce in the Pope's Desire, and to be certainly assured, That he would hear him as well concerning the King of France, as in all his other affairs. Otho his Nephew Crowned King of the Romans. King Richard was mightily pleased his Nephew Otho had been Crowned King of the Romans, and did hope by the Pope's favour to promote him to the Empire; and therefore, being also urged by the importunity of many others, he yielded and confirmed it by Oath, That for five years the Subjects and Tradesmen of both their Dominions might have free intercourse, pass and repass peaceably to Fairs, and buy and sell one with another. After this Truce King Richard [9] Paris f. 195. n. 30. & Hoved. f. 449. b. n. 10, 20. King Richard wounded in the Arm by an Arrow. He Died of the Wound. went into Poictou and the parts adjoining, to settle his Affairs there; Widomar the Viscount or Sheriff of Limosin had found a great Treasure of Gold in his own Ground or Land, and sent a good part of it to him; he Demanded all as Due to him, and believing it to have been secured in the Castle of Chalus near Lymoges belonging to that Vicecomes, he Besieged it, and there received a wound in the Arm by an Arrow from a Cross-Bow, whereof he Died on the 6th of April 1199. When he found himself ill, and Despaired of Life, he [1] Ibid n. 30 40. He devised the Kingdom of England, etc. to his Brother John Devised to his Brother john the Kingdom of England and all his other Dominions, and caused those that were present to Swear fealty to him, and Commanded they should Deliver him his Castles and three parts of his Treasure. And all his Baubells (that is Gems and Jewels) omnia Baubella sua, he gave to his Nephew Otho King of Alman. His generosity to his Servants and the Poor. And the Fourth part of his Treasure he Commanded to be Distributed amongst his Servants and the Poor. There is nothing Considerable to be found concerning Ireland in this King's Reign. * f. 439 b. n. 40. It was in the Keeping, and under the Government and Direction of Earl John's Deputies and Officers. Church Affairs. THere was little done in Church matters in this King's Reign. Hubert Archbishop, went to York to correct and amend all things that were amiss in that Province, and on [2] Hoved. f. 429. b. n. 10, 20. A. D. 1195. Hubert received at York only as the Pope's Legat. He caused Assizes to be held there. St. Barnaby's Day he was met by the Clergy in Solemn Procession, as the Pope's Legate, but not as Archbishop of Canturbury or Primate, and brought into the Cathedral Church there. On the Monday following he caused Assizes to be held of all Pleas of the Crown, and of Novel Disseisins, and Death of Ancestors, by his Ministers: whilst he and his Officials held Pleas in Court Christian. Sequenti die Lunae, fecit ipse teneri Assisas de omnibus placitis Coronae Regis, & de Qova dissaisina, & de Morte Antecessorum, per Ministros suos; ipse vero & Officiales sui tenuerunt placita Christianitatis; which were dispatched in that one day. In two following days, which were Wednesday and Thursday, with the Clergy of the Province, he held a famous [3] Ibid. n. 20.30. A great Council held by him in the Province of York. Council, in which were made 18 Decrees, most about the Behaviour of the Clergy, and matters of small moment, which are therefore omitted. This was the only Ecclesiastic Council I find in England in this King's Reign. But in Normandy the Clergy obtained their wishes and desires of King Richard, and the Church there was freed from Servitude as they called it. Mat. Paris says [4] f. 161. n. 10. Ecclesia Dei in Normania, de longo servitutis jugo liberata●st; glorioso Rege Richardo Annuente, & omnia Disponente. The Church of God in Normandy, was freed from a long servitude, by the Order and Grant of King Richard. First [5] Ibid. n. 20. Several privileges granted by the King to the Clergy in Normandy. That no Clercs should be taken by Secular power as they had been formerly, unless for Murder, Theft, Burning, or such Enormous wickednesses. And that their so soon as they were demanded, They should be Delivered without delay, to be judged in the Ecclesiastic Court. That all Controversies about breath of faith or Oath, should be Judged in the Ecclesiastic Court, etc. These and many other things altogether to the Advantage of the Ecclesiastics, were agreed in a Convention of the Clergy Seneschal and Barons of Normandy. The particulars whereof are noted in the [6] Append. n. ●9. Appendix, and 'tis not to be doubted but this Usurpation upon the Rights of the Duke of Normandy, and his Barons, was the Ground of the * See Append. n. 42. Establishment of those Rights made by the Oaths of the Barons at Roven A. D. 1205. in the sixth of King john. Taxes and Moneys Raised in this King's Reign. A Scutage [7] Lib. Rubr● in Scaccario. A Scutage o● ten shillings for every Knights Fee. for Wales of ten shillings every Knight's fee in the first year of his Reign, which probably happened upon this Account. Richard was Crowned September the 3d. In [8] Hoved. f. 377. a. l. 6. A. D. 1189. October Rhese Fitz-Griffin King of South-Wales came into England as far as Oxford Conducted by Earl john of Moreton: And because King Richard would not meet him as his Father had done, he fell into a passion and returned into his own Country and would not speak with King Richard. This might be taken or granted for some Forces to Reduce Rhese into a better Temper. Next year toward his Expedition to the Holy Land, An Aid granted for the expedition into the Holy-Land. two Saddle-Horses, and two Sumpter-Horses were taken of every [9] Ibid. f. 378. b. n. 50. A. D. 1190. City, of every Abbey one Saddle-Horse, and one Sumpter, and of every of the King's Manners as of the Abbeys for an Aid. For his Ransom when Prisoner to the Emperor; [1] Ibid. f. 4●3. b. n. 10. f. 416. b. l. 1. A. D. 1193. A Tax for the King's Ransom. Of every Knight's Fee 20 s. The fourth part of the Rents of the Laics, (That is of the Husbandmen or Tenants) a fourth part of the Rents of some Clercs, and a tenth of others; all the Gold and Silver the Churches had, and all the Wool of that year of the Cistertian Monks, and the Order of Semplingham. Carucage [2] Ibid. f. 419. b. lin. 1. A. D. 1194. An Aid for his expedition into Normandy. of every Ploughland two shillings, of the Husbandmen or occupiers of every Knight's Fee a third part of the service, for his Expedition into Normandy, the King Demanded all the Wool of the Cistertians this year also, for which they made a fine or Composition in Money. For Liberty of [3] Ibid. f. 424. b.n. 10. A. D. 1194. Torneament, or Tilting, every Earl was to give 20 Marks, every Baron 10 Marks, every Landed Knight 4 Marks, every Knight of fortune or without Land 2 Marks. Eleven hundred [4] Ibid. f. 436. b.n. 30. A. D. 1196. 1100000 Marks raised by Hubert the King's justiciary. Thousand Marks Raised in two years A. D. 1195, 1196. but not said how, by Hubert Archbishop of Canturbury the King's justiciary, for the King's use. An aid of five shillings [5] Ibid. f. 412. b n. 50. A. D. 1198. The Occasion of these Taxes. of every Carucate of Ploughland. The cause of this great Tax, besides the King's Exigencies abroad might be two Expeditions into Wales this year, [6] Ibid. f. 440. b n. 50. A. D. 1198. one by Hubert Archbishop of Canturbury when he was Justiciary about Christmas, when he turned out the Constables of the Castles of Hereford, Bridgnorth and Ludlowe, and put in others to keep them to the Kings Use. [7] Ibid. f. 444. a. n. 40. A. D. 1198. The other by Geoffrey Fitz-Peter, to the assistance of William de Bruosa an English Baron, whom Wenhunwin son of Cadwalan had Besieged in Maud Castle, where above 3000 welsh were in fight and slight. Much Money was Raised by Seizures, Fines, and Compositions, and the Sale of his Demesnes. His Issue. By the Procurement of his [8] Ibid. fol. 392. a. n. 10. Mother Alienor, he Married Berengaria Daughter of Sanctius King of Navarre in the Isle of Cyprus [9] Ibid. f. 394. a. n. 10. A. D. 1190. on the 12th of May, and there was Consecrated and Crowned Queen of England by john Bishop of Eureux with other Foreign Bishops his assistants, but by her he had no Issue. She was with him in the Holy Land, and came as far as Sicily in her passage to England: But afterwards we hear not of her, until the third of King john when he compounded with her for her Dower. Philip he had, a Base Son as Hoveden [1] f. 452. b. n. 30. affirms, to whom he gave the Castle and Honour of Cuinat, but of whom begotten, or when and where born he saith not. Philippus filius Richardi Regis Angliae Nothus cui praedictus Rex pater suus dederat Castellum & Honorem de Cuinac, etc. Other Issue of his I find not, or what became of this Philip. THE REIGN OF King John. AFTER the Death of King Richard [1] Hoved. f. 450. b. n. 10. A. D. 1199. john Earl of * The old Monks never call any one King of England, or Duke of Normandy, until Crowned or invested; for it was their opinion he was not so, and that he Received his Kingship, etc. from his Consecration, Unction and Coronation, and by that means from the Archbishop as an Instrument, and the Church of Rome, as the Original of it, and all Secular Government. Moreton the fourth and youngest Son of King Henry the Second came into Normandy and presently sent Hubert Archbishop of Canturbury, and William Marshal Earl of Striguil into England, who with Geoffrey Fitz-Peter the Justiciary, and other Barons were to Keep that Nation in Peace. Out of Normandy he went to Chinon in Tourain where was the Treasure of his Brother in the Keeping of Robert de Turnham, who delivered it to him, with the Castles of Chinon and Saumur and other Castles. At the same [2] Ibid. n. 20. The Nobility of Normandy adhere to Arthur Duke of Britain. time his Nephew Thomas de Furnes Delivered the City and Castle of Angers to Arthur Duke of Britain; for in a Convention of the Chief men of Anjou, Tourain and Main, They acknowledged it to be the right and Custom of their Countries for the Son of the Elder Brother to succeed in the Patrimony due to him, and That Arthur ought to possess the Inheritance which his Father Geoffrey should have had, if he had outlived his Uncle Richard; and therefore owned and adhered to him as their Liege Lord, and Delivered to him Anjou, Tourain, and Main. [3] Ibidem. Constance the Mother of Arthur brought him to Tours, and Delivered him to Philip King of France, he sent him to his Son Lewis to be Kept at Paris, and seized his Cities, Castles and Fortresses, and placed in them Castellans, and Governors of his own. In Revenge [4] Ibidem. John Earl of Moreton takes and demolishes Main. john Earl of Moreton came to Main, took the City and Castle, and Demolished the Walls of the City, the Castle, and all the Stone Houses, and made many of the Citizen's Prisoners; for that they had received Arthur contrary to the Fidelity made to him. From thence he went to Roven, and on the 25th of April [5] Ibid. n. 30. He is girt with the Sword of Normandy. was girt with the Sword of the Dukedom of Normandy by Walter Archbishop of that City. And he Swore before the Clergy and Laity (coram Clero & populo) upon the Relics of Saints, and the holy Gospels: * This was the Oath of the Dukes of Normandy, and if the Conqueror took any, it was this, and in Substance 'tis he same with the Oath of all our Ancient Kings. That he would preserve from Injury holy Church, and the Dignities thereof, That he would exercise right Justice, Destroy evil Laws, and ordain good. In the mean time Hubert Archbishop of Canturbury, and William Marshal who had been sent into England [6] Ibidem. n. 40, 50. The Nobility and Free Tenants of England Swear Fealty to him. Caused the men of the Kingdom or Government (fecerunt homines Regni) as well of Cities as burgh's, and Earls, Barons, and free Tenants, to swear fealty and peace to john Duke of Normandy, the Son of King Henry, the Son of Maud the Empress, against all men, yet all the Bishops, Earls and Barons that had Castles provided and furnished them with Men, Victuals and Arms. And therefore the Archbishop William Marshal and Geofry Fitz-Peter Justiciary of England met at Northampton, and called before them such as they most suspected, who were David the King of Scots Brother, Richard Earl of Clare, Ranulf Earl of Chester, William Earl of Tutesbury, Walran Earl of Warwic, Roger Constable of Chester, and William de Mowbray, and many other Earls and Barons, and there assured them, that Duke john would restore to every one their right. Upon that * See Exact History of Succession fol. Bargain or Condition, (sub hac igitur conventione) the foresaid Earls and Barons swore Fealty to john Duke of Normandy, and faithful Service against all men. William King of Scots sent his [7] Ibid. f. 451. a. lin. 2. The King of Scots sent Envoys to demand his Patrimony of Duke John. But are denied passage into Normandy. Envoys to Duke john to demand his Patrimony, That is, Northumberland and Cumberland, with their Appertinencies, and promised then to swear fealty and faithful service to him against all men. But the Archbishop, William Marshal, and Geoffrey Fitz-Peter would not suffer them to pass into Normandy, and sent to him by his Brother David, That he should wait patiently until he came into England. The like Message Duke john sent to him by his Son in Law Eustachius de Vesci, That in all things he would satisfy his Requests, when he came into England, if in the mean time he kept the Peace. On the 25th of May Duke john [8] Ibid. ●. 20. Duke John Landeth in England and is Crowned King. Landed at Shoreham in Sussex, the next Day went to London, and on the 27th of May being Ascension Day was Consecrated and Crowned by Hubert Archbishop of Canturbury at Westminster. For the particulars of his Coronation I refer the Reader to the Exact [9] f. 375. B. C. History of the Succession of the Crown. The same day King john [1] Hoved. f. 451. a. n. 40. The ancient way of Creating Earls, and 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 john 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 stayed 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 denied his demands, he would endeavour to acquire them by force, and expected his Answer within Forty Days. In the mean time King john 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 deep, 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 john six days before that Feast, Philippus comes Flandriae devenit homo Regis johannis apud Rothomagum, etc. 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 Legate 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 john the Bishop of Bravais, But because he was taken in Arms, he gave King john 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 Britain and received his Homage. Knighted Arthur Duke of Britain, and Received his Homage for Anjou, Poictou, Tourain, Main, Britain, 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 Ga●llon, and the third Day they spoke by themselves, but the King of France show 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 said, 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 rendered to Arthur Duke of Britain, and made other Demands the King of England could not Grant, King Richard's 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 john, and Swore 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 Arthur's Forces, was sent to him, that there was no such Agreement between his Lord Arthur, and him. The King replied, 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 Man's; King john 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 Man's, of which he was made Governor by them both; and the very same day it was told Duke Arthur, that King john would put him in prison; whereupon he and his Mother that night made their escape to Angers. 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 departed home, or discharged it. Permisit exercitum suum Domum redire. After Christmas 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 Castille, King john's Niece, with whom he was to give, and quiet claim the City of Eureux, and the whole Earldom, and all the Fortresses and Castles which the King of France had in Normandy, at the time of the death of King Richard, and besides, give her 30000 Marks of Silver, and did Swear, That he would not give any assistance to his Nephew Otho in Men or Money, whereby he might obtain the Roman Empire, to which he had been chosen by the Pope's procurement; but the execution of these points was delayed until the Octaves of, or Eight days after Midsummer; after the Treaty King John sent his Mother Alienor to Alfonso, King of Castille, for his Daughter that was to be married to Lewis, An Aid of 3 ●. every Ploughland. Son of Philip King of France; and in the mean time he passed into England, and took of every Ploughland of all England, Three shillings for an Aid, Et cepit de unaquaque Carucata totius Angliae tres solidos de auxilio. In Lent he went to York, expecting the King of Scots would meet him there, but he came not, and then he returned into Normandy. In the mean time [6] Ibidem. f. 456. a.n. 30. A. D. 1200. his Mother Alienor had brought her Grandchild and his Niece Blanch as far as Bordeaux. The old Queen, wearied with the length of the Journey, took in at the Abbey of Font-Ebrald to refresh herself, Articles of the Treaty between the two Kings executed. and the young Lady passed on under the Conduct of the Archbishop of that City into Normandy, and was by him delivered to her Uncle King john. Eight days after Midsummer, as it was appointed, the two Kings met and Treated, (Convenerunt ad Colloquium) in which Treaty the King of France delivered to King john the City of Eureux, with the Earldom, and all the Castles, Cities and Lands he had possessed himself of by War in Normandy, and the other Dominions of the King of England, and King john presently became his Man, or did him Homage [7] Ibid. n. 40.50. King John doth Homage to King Philip. & johannes Rex Angliae statim devenit inde homo Philippi Regis Franciae, and forthwith gave all these things to Lewis his Son in Marriage with his Niece, who the next day were Married in Normandy by the Archbishop of Bordeaux, in the presence of many Bishops and Religious persons, and many Earls and Barons of France, which was then under the Sentence of Interdict for the King's Repud●tion of Isemburg of Denmark. The same day the [8] Ibid. b. l. 1, 2, 3, 4. Duke Arthur doth Homage to King John. two Kings were at a Colloquium, or Parle at Vernon, where Duke Arthur did Homage to his Uncle King john, by consent of the King of France, for Britain, and his other countries'; but was delivered by him to the King of France in custody. And that this Peace might remain the more firm, the particulars of it were put in writing, and it was Agreed, that if in any thing, The conditions of the Treaty between the two Kings. the King of France did violate it, than the Barons of France, which he assigned his Fidejussors, or Security, for the preservation of it, and their Men or Homagers, were to be free from the Fealty they ought him, and were obliged by Oath to go into the service of the King of England to assist him; and in like manner the Barons of the King of England, that were his Undertakers and Security, obliged themselves to desert him, and help the King of France, and were freed from their Fealty, if he broke it. The particulars of this Peace are now of small moment, unless that they show the manner of Estates, and way of Living was then the same all France over, in Normandy and in England; and perhaps in most parts of Europe. That part which the King of France executed, and remained with the King of England, is to be found in Hoveden. f. 463. a. n. 10. And that part which the King of England executed, and remained with the King of France, is to be found in the Norman Writers, put out by D● Chesne A. D. 1619. f. 1055. B. This year there happened a famous Trial about the Title of a Barony, which Hoveden hath misplaced, A Trial about the Title of a Barony. for it was before the King when he was in England, before he returned into Normandy to Marry his Niece, and perfect the Treaty which he had begun with the King of France. Soon after Christmas, as appears by the day and time when it was, and for many circumstances, and particulars in it., may not be unworthy the relating. William de Stutevill [9] Ibid. n. 20, 30, 40, 50. gave King john three thousand Marks of Silver, to have a Judgement, or determination concerning the Barony of William de Mowbray, which he claimed against him him in the King's Court. For that Robert Grundebeof, the great Grandfather of that William Stutevill had that Barony from, or by the Acquest of England (de Adquisitione Angliae.) But that Robert Grundebeof leaving King Henry, Son of William the Bastard, who conquered, or subdued England by the Sword, (Qui Angliam B●llo sibi subjugavit) and adhering to Robert Curthose Duke of Normandy, claiming the Kingdom of England (De Jure paterno) by Right from his Father, against Henry his younger Brother, who was taken prisoner in the Battle between them at Tenerchebray in Normandy, and keep in prison to the end of his Life; as also was Robert de Grundeveof, whose Barony King Henry gave to Nigell de Alvery, the great Grandfather of William de Mowbray. This Barony Robert de Stutevill, Father of the said William de Stutev●ll, claimed in the time of Henry the Second against Roger de Mowbray, Father of the said William de Mowbray, and they came to this agreement, That Roger de Mowbray gave to Robert de Stutevill Kirkeby in Moresbevev, with their Appertenances, for Ten Knights Fees, and for the Release of his claim; but because this was not confirmed and strengthened in the King's Court; The foresaid William Stutevill renewed the controversy concerning that Barony, in the Court of King john. And the matter had been long discussed, at length by the Counsel of the Kingdom, and Will of the King, (Consilii Regno, The determination of the Controversy. & voluntate Regis) Peace, and final Concord was made between them in this manner: That William de Stutevill renounced his Claim to the Barony, and William de Mowbray gave to him for his Homage, and renouncing his Right, nine Knights Fees, and twelve pounds Rend by the year, and so releasing all Plaints or Actions on both sides (Et sic remissis omnibus Querelis hinc & inde) they were made friends before King john, A. D. 1200. (facti sunt amici coram Iohanne Rege Angliae) in the Second year of his Reign at Louth in that Division of Lincolnshire, called Lindsey, on the first Sunday of Septuagesima, That is, Sunday fortnight, before Shrovesundy. Presently after the [1] Ibid. f. 457. l. 4. King John Divorced from his Wife. Peace beforementioned was made between the King of France and King john, he went with a great Army into Aquitan, and found none that resisted him. [2] Ibid. n. 10. The same year he was divorced from his Wife Hawis; or Avis, Daughter to William Earl of Gloucester, by Elias Archbishop of Bordeaux, William B●shop of Poitiers, and Henry Bishop of Saints, for that they were related in the third degree of Consanguinity. Being thus divorced by the advice of his Lord Philip King of France, He is Married to Isabella, Daughter to the Earl of Engolesme. he Married Isabella the Daughter of Aymer Earl of Engolesme, whom he had first given by the request, and direction of King Richard, to Hugh le Brun Earl of March; they had promised one another, and were betrothed, but because she was not of years of Marriage, Earl Hugh would not Marry her in the face of the Church; and her Father perceiving King john had an affection for her, he took her from Earl Hugh, and gave her to him, and they were Married at Engolesme, by the Archbishop of Bordeaux. The same year [3] Ibid. f. 458. a. l. 5. etc. A. D. 1200. the Earl of St. Giles doth Homage to King John. the Earl of St. Giles did Homage to King john, for the Lands and Castles which King Richard had given him in Marriage with his Sister joan, so as his Son Raymund by her, should have them, and do Homage to his Uncle john, when he came to years of Discretion; and if he should decease without Issue, than they were to revert to the Earl of St. Giles, and he and his Heirs should hold them by Hereditary Right of the Earl of Poictou, by the service of coming with 500 Knights or Horsemen to him, for one Month at his own charge, whenever he went with his Army into Gascony, but if he stayed longer, they were to remain at the charge of the Earl of Poictou. From [4] Ibid. n 10. thence King john went to Angers, and took One hundred and fifty Pleges or Hostages for their Fidelity, and put them in Custody, and the same year King john took of [5] Ibid. n. 20. Walter Archbishop of Roven * i e. 200 l. English. 600 pounds of Anjou Money to confirm by his Chart all those things which King Richard had given him in Exchange for Andeli (to wit) The Town of deep, with its Apertinences, and Lovers with its Apertinences; the Forest or Wood of Aliersmont, and the Mills of Robech. The Pope sent Cardinal [6] Ibid. f. 461. n. 1. Octavian Legate into France to hear and determine the Cause of Divorce between the King of France and his Queen Botilda, (as Hoveden calls her) The French Writers name her * Happily she might have two, and both these Names: du Serres calls her Gelberge; Rigord calls her Ysamburg. Isemberg, with this direction, That first before he heard the Cause, he should compel him to put away his Germane Adulteress, and receive Botilda or Isemberg, and treat her like his Wife; (ut ipse imprimis ante Ingressum litis compelleret Regem Franciae dimittere Adulteram suam Teutonicam, etc.) On the Vigil of the Nativity of the Virgin Mary, or 7 th'. of September, the Cardinal, the Arch-Bishops, Bishops, and Clergy of France met at Nibell, and the King of France, with his Queen, and Teutonick Lady came thither, and by the admonition of the Cardinal, and advice of his Friends he dismissed her, and received again his Queen; King Philip receives his Queen again. and then made his complaint, That she ought not of right to be his Wife, for they were near related in Consanguinity, and affirmed he could prove it to be so, and required they might be divorced. The Cardinal gave him the time of six Months, six Weeks, six Days, and six Hours to consider of it; and appointed the place of Hearing the Cause at Soissons according to the Queen's desire. * Ibid. n. 20. The Interdict released. France by procurement of the King of Denmark was under an Interdict for the King's Repudiating his Queen, which, so soon as he received her again, was released by the Cardinal. In the middle of [7] Ibid. f. 462. b. n. 20.30. etc. King Philip demanded to be Divorced. Lent next following, Philip and his Queen met again before the Legate at Soissons, and the King by his Lawyers demanded to be Divorced for the reason beforementioned. On the Queen's behalf there were present several Bishops, and other honest and discreet Men (Et alii honesti viri & disereti) scent from her Brother Cnute King of Denmark, who after Security given them, that they might freely answer, allege, and safely return home; they said the King of France had sent to the King of Denmark, to desire his Beautiful Sister in Marriage, and that she might be sent to him, which by advice of the Great Men of his Kingdom was done. That the Messengers which came for her did Swear on behalf of the king, and for themselves, That she should be honourably used as a Queen, and of this they could produce his Chart, and the Charts of the Great Men that came for her, and therefore Appealed them of Perjury and breach of Faith before the Pope. They also Appealed from Cardinal Octavian the Judge, to the Pope, for that he was related to the King of France, and would favour his Cause; and the Queen likewise Appealed, which when Octavian had heard, he desired them to stay a while until his Colleague came, that was joined in Commission with him from the Pope, and he should hear and determine the Matter; after three days he came, and did hear it, and found no cause of a Divorce between them, of which the King of France having notice, He could not obtain it. and that he would give a definitive Sentence against him, he departed before he had pronounced it, and carried his Queen with him, and put her into more straight Custody than before. In the [8] Ibid. f. 4●1. a. ●. 30.40. King John and Queen Isabel Crowned. month of October King john having settled his affairs in Normandy and his other Transmarine Countries, came into England, and brought with him Isabel his Wife, and upon the eighth Day of that Month they were both Crowned at Westminster by Hubert Archbishop of Canturbury. Presently after his [9] Ibid. b. lin. 4. & n. 10.20.30, 40. He sends to the King of Scots to meet him at Lincoln. Coronation King john sent Philip Bishop of Durham, Roger Bigot Earl of Norfolk, Henry de Bohun Earl of Hereford, David Earl of Huntingdon, Roger de Lasci Constable of Chester, William de Vesci, Roger de Ros, and Robert Fitz-Roger Sheriff of Northumberland, to William King of Scots with Letters Patents of safe Conduct, and to wait upon him into England, to meet King john at Lincoln on the Morrow after the Feast of St. Edmund; the King (November 21st) they met accordingly, and the next day, they came to a Treaty or Parley upon a steep Hill (convenerunt ad Colloquium super Montem arduum) without the City, and there in the view of all the people, William King of Scots became King john's Man, The King of Scots doth Homage to King John. or did homage to him, as it was his right, or for his right, (Willielmus Rex Scotorum, devenit homo Regis johanis de jure suo) and Swore Fealty to him upon the Cross of Hubert Archbishop of Canturbury to preserve his Life, Limbs, and Terrene honour against all men, and keep Peace toward him and his Kingdom, saving his own right. These being Witnesses, Hubert of Canturbury, john of Dublin, Bernard of Raguse Archbishops Philip; of Durham, William of London, Gilbert of Rochester, Eustacius of Ely, Savaric of Bath, Herbert of Salisbury, Godfrey of Winchester, Giles of Hereford, john of Norwich, Roger of St. Andrews, Henry of Landaf, and Roger of Bangor Bishops; Geofry Fitz-Peter Justiciary; of England Earl of Essex, Roger B●got Earl of Norfolk, Hamlin Earl of Warren, Baldwin de Behun Earl of Albemarle, William Earl of Salisbury, Henry de Bohun Earl of Hereford, Richard Earl of Clare, William Earl Ferrer, David Earl of Huntingdon, Rolland or Rowland Son of Huctred, Son of Fergus Prince of Galway, Patrick Earl of Lona●s, Griffin Son of Rese King of Southwales, and many others of the Kingdom of Scotland. And before these Barons of England and Normandy, Roger Constable of Chester, Eustachius de Vesci, Robert de Ros, William de Stutevill, Ralph Chamberlan of Tanquervit, Warin Fitz-Gerold, Stephan de Turnham, * Seneschal of Anjou. Robert his Brother, Gilbert Basset, Thomas and Alan his Brothers, Roger of Hutingfield, Sayer of Quinci, William of Hastings, jolan de Nevil, Simon de Chanci, Girard de Camvil, and many other Barons of England and Normandy. After King [1] Ibid. n. 40. His demands of King John. William had done his Homage, he Demanded of King john his Lord Northumberland, Cumberland, and Westmoreland, as his right and inheritance, and when they had long Discoursed the matter, and could not agree, the King of England desired time to consider of it until Whitsunday following; A. D. 1200. and early on the morrow Morning (Novemb. 23d.) the King of Scots returned toward his own Country under the Conduct of the same persons that brought him into England. King john kept his Christmas at Guildford, where he distributed many fine clothes to his Knights or Military men. [2] Mat. Paris f. 205. n. 50. Hoved. f. 464. b. n. 10. The Archbishop did the same at Canturbury, as it were vying and contending with him in the magnificence of that Solemnity, which not a little moved the King's Indignation. [3] Ibid. & 20.30. A. D. 1201. King John and his Queen made a progress through most of England. After Christmas the King with his Queen went into the North as far as Northumberland, and made a Progress through much of England, and fined many men for wasting his Forests. The Historian names several particular places, and days, and nights, where the King was, and lodged, in this progress or perambulation; which takes off the incredibility of the Journey, to have been undertaken at that time of the year. At Easter [4] Ibid. f. 465. b. lin. 1. which happened that year on our Lady Day the King and Queen Isabella were at Canturbury, and there Crowned by Hubert Archbishop of Canturbury in the Cathedral, in the presence of john Arch B. of Dublin, William Bishop of London, Gilbert Bishop of Rochester, Eustachius Bish. of Ely, and john Bish. of Norwich. [5] Ibidem. lin. 6. He Summoned his Earls and Barons to be ready with Horse and Arms to go with him over Sea. And presently after Easter he Commanded the Earls and Barons of England should be ready with their Horse and Arms at Whitsunday at Portsmouth to pass with him beyond Sea. The Poictovins had prevailed against their Governors, and Besieged their Castles; Warin de Glapion Seneschal of Normandy, by order of King john Besieged the Castle of Dancourt, which King Richard had given to Ralph de Isondon Earl of Ou, Brother of Hugh le Brun. But Philip King of France hearing of the King of England's preparations, raised the Sieges before he came into Normandy. [6] Ibidem. n. 10. They refuse unless their Rights be first restored. In the mean while the Earls of England met at Leicester, and by Common Agreement sent to the King, They would not go with him beyond Sea, unless he would Restore to them their Right. [7] f. 206. lin. 8. Mat. Paris says they came at the appointed time, and many for leave to stay at home, gave the King two Marks in Silver for every Knights Fee. At Whitsunday [8] Ibid. Hoved. f. 466. a. lin. 5. or some time before King john sent Geofry Bishop of Chester, Richard Malevisse, and Henry de Putearo (Pudsey) to the King of Scots, That the time of Giving his Answer about Northumberland, etc. might be put off until Michaelmass: [9] Ibid. n. 10 He passes over into Normandy, and treats with King Philip. In Whitsun week he and his Queen Sailed from Portsmouth, and landed in Normandy; and presently there was a Treaty between him and the King of France near the Isle of Andeli, and they agreed well between themselves, no man knowing the subject of their Discourse, and within three days King john was invited by the King of France to his Palace at Paris, where he was splendidly and honourably entertained; from whence he went to Chinon; [5] Ibid. & n. 20. where came to him Queen Berengara the Relict of King Richard, to whom upon the Testimony of Philip Bishop of Durham, and others that were present at her Marriage, he gave her during Life the City of [2] Ibid. f. 467. b. n. 30. He gave Berengara King Richard's Relic, a large Dower. Bayeux with its Appurtenences, two Castles in Anjou, and a 1000 Marks Sterling every year, 500 to be paid at the Exchequer in England, and 500 at the City Caen in Normandy, for her Dower. King john had a Design to * Ibid. f. 468 a. n. 30.40. His Design to Appeal the Barons of Poictou of Treason. Appeal the Barons of Poictou for Treason against his Brother Richard and himself; and had hired many men, who had been taught the Art of Duelling; (who without doubt he intended should Appeal them, or at least be his Champions,) Sed Barones Pictaviae inde praemoniti ad Curiam illius venire Noluerunt, Dicentes, Quod nemini Responderent nisi pari suo. But the Barons being forewarned, would not come to his Court, saying they would answer to no man (that is, fight with no man) but their Peers or aequals, and so his Design came to nothing; and the Poictovins by that project were made more his Enemies than before; and to Repress their Violence, he appointed Robert de Turnham his Seneschal or Lieutenant of that Country. This Year Hugh Bardolf, and [3] Ibid. n. 20. other the King's justices went to Boston Fair, intending to Seize to the Kings use all Woollen clothes that were not two els within the Lists according to King Richard's Assize or Statute. The Merchants so prevailed with the Justices, that their clothes were not Seized, nor the Assize of King Richard to be kept concerning the Breadth of Cloth, or the Measure of Grain, King Richard● Assize for the Measure of Cloth and Grain made void by the Justices. so as for the future they might make their clothes as Broad and Narrow as they pleased; from whence to the Damage of many, the Justices procured a great Sum of Money to the King's use. This Year the [4] Ibid. f. 466. a. n. 20. The Pope wrote to the Clergy to Contribute to the Relief of the Holy Land Pope wrote a pressing Epistle to the Archbishops and Bishops to contribute a fortieth part of their Ecclesiastical Revenues to the Relief of the Holy Land, and to take care that the Clercs in every Diocese did the same. [5] Ibid. f. 470. a. n. 40. He sent to the same purpose to the King of England and France. The Master of the Hospital of jerusalem wrote another lamentable Epistle to the Prior and Brethren of the same Hospital in England, moving them very earnestly for Relief, and that they would induce the King and great men to assist them. The Pope reflecting seriously upon the Contents of these Letters, sent a Cardinal to the Kings of England and France, requiring them to make a Subsidy or Tax in their Dominions for the Relief of the Land of jerusalem, [6] Ibid. f. 471. a. lin. 3. King John granteth a fortieth part of his Revenue for one year. upon which Message and Request, the two Kings consented to give the fortieth part of all their Revenues for one Year. And the King of England would have it Levied of all his Revenue, and of the Ward Lands and Escheats in his hands, and Commanded that all Laymen of his Dominions (& praecepit quod omnes Laici, etc.) should give a fortieth part of all their Rents, as an Alms, for the Relief of the Land of jerusalem. Whereupon Geofry Fitz-Peter then Chief Justiciary of England, wrote [7] Append. n. 80. to the Sheriffs of England, to admonish and induce the Earls and Barons in every of their Sherifwicks, and others, to give a fortieth part as aforesaid, and to Collect it. In Lent the Year following, the two Kings [8] Mat. Paris f. 207. lin. 2. King Philip's Demands refused by King John. Parleyed near the Castle of Goleton, where the King of France armed with mortal hatred against the King of England, in Scorn commanded him forthwith to Deliver to Arthur Earl of Britain, Normandy, Tourain, Anjou, and Poictou, and Exacted of him many other things which King john refused to do. The day following, the King of France attacked the Castle of Butavant, took and Demolished it, from whence he went to Ou and took that Town, He besieged, took, and demolished many of King John's Towns and Castles. with the Castle of Lim●s, and many other Castles: Ratepont Castle seated upon the River Andell in Veuxin he Besieged Eight Days, and hearing the King of England was coming toward him, he left it; but within few days after took the Town of Gournay, and then returned to Paris, [9] Ibid. n. 10, 20. and sent Arthur, and the Governors he placed over him with two hundred French Knights into Poictou to subdue that Country, or by hostile incursions to make it submit to him; in their March they were told Queen Alienor Mother to King john, was in the Castle of Mirebeau, with a small Company, they besieged and took it; but the Tower in which the Queen was they could not obtain, those few that were in the Castle having retreated thither. Here came into Arthur all the chief men, and more noble Knights or Military men of Poictou, especially, Hugh le Brun Earl of March, who was a public Enemy to King john, in Respect of Isabel his Queen, Queen Alienor reduced to great straits by Arthur. to whom he had been contracted before he married her. They made up together a great Army, and made sharp assaults upon the Tower. The Queen in this straight [1] Ibid. n. 30. She sends to her Son for speedy relief. The French and Poictovins put to flight. Arthur and all the Nobility of Anjou and Poictou taken Prisoners. sent to her Son passionately pressing him to come to her Relief. He marched night and day, and came sooner than it was believed he could be there. The French and Poictovins went to meet and give him Battle; the King put them to flight, and pressed so hard upon them, as he entered the Castle with them, where was a sharp Conflict, that was soon ended by the Courage of the English. In this Fight were taken 200 French Knights, and Duke Arthur, with all the Nobles of Poictou and Anjou, who were fettered and manacled with Iron, and part of them sent into Normandy, and part into England. Arthur was sent to Falais to be kept safe there. The King of France had Besieged the [2] Ibid. n. 40. Castle of Arches, and Battered it fifteen days, but hearing of Arthur's misfortune, he raised the Siege and went to Paris, and did nothing more that Year. After a short time King john went to [3] Ibid. n. 50 Arthur Demands the Kingdom of England of King John his Uncle. Falais and caused his Nephew Arthur to be brought before him. Many fair words he gave him, and promised him many Honours to quit the King of France, and stick to him as his Lord and Uncle, but he answered him with Disdain, and with threats Demanded the Kingdom of England, and all the Dominions King Richard died possessed of, as his right of Inheritance, and Swore he should never enjoy Peace unless he Restored them. King john very much troubled at his Demands, He is sent Prisoner to Roven and never heard of more sent him to Roven to be made close Prisoner in the new Tower, where he suddenly vanished. [4] Ibid. f. 208. n. 10. And it presently began to be the Opinion of France, and the suspicion of all Transmarine Countries, That King john Killed him with his own hands; whence many were averted from him, and pursued him with an irreconcilable Hatred. This Year the King caused to be proclaimed [5] Ibid. n. 20. A. D. 1202. A legal Assize of Bread to be observed. a legal Assize of Bread, to be inviolably observed under pain of Pilloty, as it was tried and approved by the Baker of Geofry Fitz-Peter Justiciary of England, and it was to be so as the Bakers might gain in every Quarter three pence. Besides the Bran, and two Loaves at the Oven, and four Half-peny's for four Servants, and for two Boys one Farthing; and an Allowance for Salt an halfpenny, and for Yeast or Beer-good an Halfpenny, for Candle a Farthing, for Faggots three pence, and for Bulter and Sieve an Halfpenny. And according to this gain and allowance, The weight of Bread proportioned to the price of Corn. when Wheat was at six Shillings the Quarter, a Farthing White-Loafe well Baked was to weigh sixteen shillings, and a Farthing Loaf of the whole grain as it came from the Mill, was to weigh twenty four shillings; when Wheat was at Eighteen pence the Quarter, than a Farthing White-loafe was to weigh sixty four shillings, and a Farthing loaf of the whole Grist as it came from the Mill was to weigh ninety six shillings. This is the highest and lowest price of Wheat mentioned in the Historian; and the intermediate weight of Bread was proportionate to the intermediate price of Wheat, and the Assize did rise and fall, as the price of Wheat did rise and fall, according to six pence in every Quarter; and this Assize was Proclaimed through the whole Kingdom. The King kept his [6] Ibid. n. 40, 50. A. D. 1203. King John's Luxury and Negligence. Christmas at Caen in Normandy, where laying aside the Thoughts of Warlike attempts, he Feasted splendidly every day with his Queen, and lay in Bed till Noon, ubi postpositis incursionibus Bellicis, cum Regina Epulabatur quotidie splendidè, somnosque matutinales usque at prandendi Horam protraxit. After Easter the King of France raised a great Army, and took many of his Castles; The places of strength he kept up, the others he leveled with the ground. King john was told what the King of France had done, he only Replied, let him alone, whatever he now takes, I will one day have again. The English Nobility obtain leave to go home. The English Earls, Barons, and other Noblemen, hearing what he said, and observing his irremediable Sloth, obtained [7] f. 209. lin. 2. leave to go home, and left him but with few Knights or Military men in Normandy. Hugh de Gournay yielded to the King of France the Castle of Montfort with the whole Honour, which King john had given unto him, who remained all this time secure at Roven, so as people said he was bewitched, ita quod ab omnibus diceretur ips●m fore sortilegiis & maleficiis infatuatum: For he was as brisk and merry as if he had lost nothing, King Philip Besieges and takes his Castles and Towns. nor no ill had happened to him. The King of France proceeds, and invests Le Chasteau du Vau de Ruil within the Jurisdiction of Roven with a mighty Force: Robert Fitz-Walter, and Saber de Quincy, in whose keeping it was, delivered that Noble Castle so soon as he appeared before it. Normandy being defenceless, [8] Ibid. 10.20. Normandy and his other Transmarine Dominions left without Defence. and his other Transmarine Dominions, the King of France went where he would without Contradiction, and received many Castles under his power and protection. At the same time he Besieged the Excellent Castle upon the Rock in Andeli which King Richard Built: But by the incomparable Courage and Fidelity of Roger de Lasci, to whose Defence the Castle was Committed, he prevailed little against it. Sed probitate Rogeri de Lasc● & fidelitate incomparabili, in illa obsidione parum profecit. In this Juncture some Normans revolted from the King of England, and others dissembled and stayed with him. King john [9] Ibid. He came into England and accused his Nobility for deserting him. He severely Taxed both them and the Religious. seeing his Condition, and that he had no force to support him, Shipped himself and Landed at Portsmouth, (in die Sancti Nicholai) on the 6th of December, and then accusing the Earls and Barons that they had left him amongst his Enemies beyond Sea, and that through their neglect he lost his Castles and Territories there. He took of them the seventh part of all their moveables. Neither did he in this Tax spare Conventual, or Parochial Churches. For he had (saith the Monk) [1] Ibid. n. 30. Hubert and Fitz-Peter were the instruments of his Rapine. those who Executed this Rapine upon the Ecclesiastics, Hubert Archbishop of Canturbury; and upon the Laics Geofry Fitz-Peter justiciary of England, who spared no man in this Execution. (Qui in Executione dicta Nulli pepercerunt.) The King of France taking his [2] Ibid. n. 30, 40. King Philip's attempt to bring his transmarine Dominions under his obedience. advantage when King john was absent, came with great Force before the several Cities and Castles of his Dominions, declared to the citizens and Castellans' their King had left them, and that he was chief Lord of their Countries, and seeing the King of England had deserted them, he must preserve the principal Dominion, that was his own, from injury; and therefore friendly desired them to receive him as their Lord, when they had no other. Upon what Conditions they consented to yield. And if they would not submit to his Proposition; he Swore if they fought against him, and were subdued, he would hang or flay them alive. At length after many disputes, they unanimously consented they would give Hostages for one years' Truce; and if the King of England Relieved them not, in that time, they would recognize him their Lord, and render their Cities and Castles to him. On the Morrow after [3] Ibid. ●. 50 A. D. 1204. A Parliament called at Oxford, and an Aid granted. Epiphany or the 2d of January, the King and great men of England Convened in Parliament at Oxford, in Crastino Circumcisionis Rex & Magnates Angliae convenerunt ad Colloquium apud Oxonium, where was granted to the King a Military Aid of two Marks and half of every Knight's Fee, nor did the Bishops or Abbats, or Ecclesiastic persons depart without promise of the same. The Knights that were in the City of [4] Scriptor. Norm. f. 1057. B The Knights and Burgesses of Roven capitulate with King Philip. Roven, and Burgesses entered into Covenants with the King of France, Dated June 1. and gave 40 Hostages for the performance of them, That if the King of England did not make Peace with the King of France according to his liking, or remove him from the place where he was, (before Roven) within 30 days, they would deliver the City. The Covenants are long, and contain many things stipulated between the King of France, and the Knights and Burgesses, which were to be performed upon Rendition of the City, [5] Paris f. 211. n. 40. Roven yielded to him. which for want of assistance came under the King of France his power. The Castle upon the Rock in Andeli, [6] Ibid. Andeli Castle Surrendered after a years Siege. after almost a years Siege, a great part of the Walls falling down, the Foundation having been underdigged, and the Defendants wanting Victuals, fell into the King of France his hands; But before the Delivery, Roger Constable of Chester, choosing rather to Die with his Sword in his hand, then be starved with several other of his stout Companions, when they had not meat for one Meal left, The great Courage and Bravery of Roger de Lasci. mounted their Horses and Sallied out, and Killed many of the French, and maintained an obstinate fight with them before they were taken. After the Castle was yielded up, Roger de Lasci was carried into France, but for the Courage and Bravery he shown in the Defence of the Castle, the King commanded he should only be a Prisoner at large, propter probitatem suam quam in Castri custodia fecerat, Jubente Rege, sub libera Custodia detentus est. Upon this the Castellans and citizens [7] Ibid. n. 50. & f. 212. l. 1. King▪ John denys Relief to his Transmarine Subjects. subject to the King of England, sent to him to let him know in what straits they were. The time of Truce was almost Expired, and they must either deliver up their City's and Castles, or permit their Hostages to be destroyed. He told their Messengers they could expect no help from him, and therefore left it to them to do what they thought best. So that for want of Relief, They generally submit to the King of France. all Normandy, Tourain, Anjou, and Poictou came under the Dominion of the King of France, with their City's and Castles, except Ro●hel, Tuarz, and Nioris. The King knew these things, yet lived in all delight with his Queen, and thought with her he enjoyed all things. The next year [8] Ibid. n. 10. A. D. 1205. King John's policy to get Money from his Subjects. about Whitsunday, the King levied a great Army as if he would pass beyond Sea; he was Prohibited by the Archbishop of Canturbury and many others. He caused a great Number of Ships to come to Portsmouth; on the fifteenth of July he went on Board, with a small Company, and put to Sea; but changing his mind the third day after he Landed near Warham in Dorsetshire. [9] Ibid. Upon his Returns he took of the Earls, Barons, Knights, and Religious persons, a vast Sum of Money, upon pretence they would not follow him beyond Sea, that he might Recover his lost Dominions. On the thirteenth of July [1] Ibid. n. 30. Hubert Archbishop of Canturbury dyeth. Dyed Hubert Archbishop of Canturbury, to the great Joy of the King, as having been suspected for holding correspondency with the King of France. [2] Ibidem. The Monks choose their Supprior Archbishop without the King's Knowledge. Before the Archbishop was Buried, some of the Monks chose their Supprior Archbishop, without the King's Knowledge and sent him away privately to Rome, to procure his confirmation; when he came there, and shown the Pope and Cardinals his Instruments of Election, and petitioned him to confirm it; He told him he would deliberate while he had more certainty of his Election. The Monks had obliged their Supprior to [3] Ibid. n. 40. He breaks his Oath of Secrecy. Secrecy, but so soon as he got into Flanders he divulged his Election, and told he was going to Rome to get it confirmed, and shown the Instrument of the Convent testifying his Election. They having [4] Ibid. f. 213. n. 20, 30, 40. They choose the Bishop of Norwich upon the King's recommendation. notice he had Broke his Oath of Secrecy, were mightily moved against him, and sent to the King to desire his Licence to choose an Archbishop; the King gave them free leave without any Condition, but secretly let them know, That if they would choose john Bishop of Norwich, they would do him acceptable service. The Monks unanimously choose him, and in due form, and then sent for him to come with all speed to Canturbury. The King and he went to Canturbury together, and the next day the Prior, in the presence of the King and all the multitude declared john de Grai Bishop of Norwich duly Elected, and then the Monks placed him in the Archiepiscopal Throne or Seat, and the King put him in possession of all things that belonged to the Archbishopric. This double Election happened to be the Foundation of many great mischiefs that followed. * The King [5] Ibid. n. 50. & f. 214 l. 1. A. D. 1206. sent some of the Monks of the Church of Canturbury to Rome, to obtain the Pope's Confirmation of the Election, at the same time the Suffragans of that Province sent their Proctors to Rome, who made a grievous complaint to the Pope, The Suffragans of the Province Complaint against the Monks to the Pope. That the Monks had presumed to choose an Archbishop without them, when they of Common Right, and ancient Custom (de jure communi & consuetudine Antiqua) ought to have been present with the Monks at the Election. They alleged Decrees and Precedents, produced Witnesses, and exhibited Testimonials, That the Suffragans together with the Monks had chosen three Archbishops. [6] Ibid. n. 10. The Monks Answer to their Complaint. The Pope pronounceth Sentence in favour of the Monks. The Monks on the contrary affirmed, That by ancient and allowed Custom, and by special privilege of Popes, they used to make Elections without them, which they offered to prove by sufficient Witnesses. The Allegations on both sides having been heard, and the Witnesses Examined, the Pope appointed, (the 12th of the Calends of January) or 21st of December, for pronouncing Sentence; which was in favour of the Monks; and by which he for ever [7] Append. N. 81. excluded the Suffragans or Bishops of that Province, from having any thing to do with, or share in the Election of an Archbishop. * Append. N. 82. In the mean time, the King had very submissively Written to the Pope, not to disturb him in that right he and his Ancestors had in the Election of Archbishop and Bishops. This [8] Paris ut supra, n. 20. King John Besieges Mont-Auban Castle, and taketh it. year on the 25th of June, King john with a great Army takes Ship at Portsmouth, and on the 9th of July Lands at Rochel. The Poictovins came in to him, and promised their assistance. After he had subdued a considerable part of Poictou, he marched to the strong Castle of Mont-Auban, which he Besieged, and after he had Battered it fifteen Days, took it on the first of August, and wrote to his Justices, Bishops, and Nobility of England, what, and how many, great and illustrious Prisoners, what Horse and Arms, and what innumerable spoils he had taken. After this the Religious [9] Ibidem. n. 30. A truce for two years agreed upon persons of those parts mediating between the two Kings, on the Feast of All Saints, procured a two years' Truce, so as King john returned into England, and Landed at Portsmouth on the 12th of December. About this [1] Ibid. n. 30. time john Ferentin the Pope's Legate came into England and scraped up a great Sum of Money, and the Morrow after St. Luke held a great Council at Reading, and soon after left England. Rigord [2] f. 206. n. 20, 30. A. D. 1206. says, King Philip hearing King john was Landed at Ro●hell, Raised a great Army and Marched into Poictou, and fortified and Garrisoned Mirebeau, Lo●don, and other Castles he held in those parts, and so returned to Paris, That the Viscount or Vicecomes of Tovars' confederated with King john, which caused him to return again into Poictou, and destroyed the Lands of that Viscount, and then both Army's being ready to engage, a Truce was made from the Feast of All-Saints for two years. On the 2d of [3] Mat. Paris f. 221. n. 50. A. D. 1●07. ● Johannis▪ A thirteenth part of all Movables and other things levied. February next following his Return, he took the 13th part of all moveables, and other things as well of Laics, as Ecclesiastics and Prelates, all murmuring but not daring to Contradict it: (cepit tertiam decimam partem ex omnibus mobilibus & rebus aliis, etc. Cunctis murmurantibus sed contradicere non audentibus) only Geofry A. B. of York consented not, but plainly contradicted it, and privately left England and at his departure anathematised all such as should Collect it in the Province of York, and in general all invaders of the Church's possessions. The Record [4] Append. n. 83. says, this 13th was granted by the common Council, and assent of his Council at Oxford; By whom Assessed. for the Defence of his Kingdom, and recovery of his right: where see the manner of assessing, collecting and paying it into the Exchequer. All this while [5] Paris f. 22. n. 20, 30. The Pope's definitive Sentence against both the Elects of Canturbury. He recomends Stephen Langton to their Choice. the Monks and Procurators of each party who were for one Election or the other, remained at Rome, and the Pope observing both of them to be vicious, and not according to the Canons by advice of his Cardinals Nulled both; forbidding by Definitive Sentence both the Elects, That they should not aspire to the honour or Dignity of the Arch●Bishopric, and then persuaded the Monks [6] Append. n. 84. The Pope persuades King John to receive him. to choose Stephen Langton an Englishman and Cardinal their Archbishop; who Answered, they could not make a Canonical Election without the Consent of the King and their Convent. The Pope told them they had full power in the Church of Canturbury, and that in Elections made at the Apostolic See, the Consent of Princes was not Expected; and then Commanded those present, being (as he said) a sufficient number, in virtue of their Obedience, and under pain of a Curse, The Monks though unwillingly choose him Archbishop. to choose him Arh-Bishop, whom he had given them as a Father and Pastor of their Souls. The Monks fearing the Sentence of Excommunication although unwillingly, and with Grumbling gave their assent; only Elias de Brantefield amongst them all, would not Consent. Upon this Election the Pope Consecrated him at Viterbo on the 17th of June. Soon after this the Pope [6] Append. n. 84. The Pope persuades King John to receive him. sent King john a wheadling Letter and four Gold Rings set with precious Stones; and with them, or immediately after, another Letter [7] Mat. Paris f. 223. n. 30. in which he exhorts him to receive Stephan Langton, (one Born in his own Kingdom) into the Archbishopric; and while by Flattery and persuasion, he would have obtained the King's consent, he sent his Command to the [8] Ibid. n. 4. Prior and Monks to receive and obey him, as their Archbishop as well in Spirituals as Temporals. When the King received the Pope's Letters he was in great [9] Ibid. King John ●ighly displeased with the Monk's choice. Wroth, and endeavoured to make them Traitors. First, That in prejudice of his Liberty, without his Licence they had chosen their Sup-Prior, and afterwards, that they might seemingly satisfy him, they chose the Bishop of Norwich, and Receiving Money out of the Exchequer, they went to Rome to get the Election Confirmed, and there chose Stephan Langton his Public Enemy, and caused him to be Consecrated Archbishop. [1] Ibidem. n. 50. For this Cause in his Fury he sent Fulk Cantelup and * He was Sheriff of Kent. Reginald de Cornhulle, most Cruel Knights and void of Humanity (says Paris) with some armed men to drive the Monks of Canturbury out the Nation, The Monks forced to leave their Monastery. as if they had been Traitors When they came there, they threatened to Fire the Monastery, and them in it, if they would not departed England, and so affrighted them, that without any Violence, they passed over into Flanders; some to the Abbey of St. Bertin, others to other Monasteries . The Monks thus leaving their Monastery, the [2] Ibid. f. 22● n. 1●, ●0. King John's resolute Letter to the Pope concerning the late Election. King wrote to the Pope by his Messengers, to let him know what Injury he had done in Cassating the Election of the Bishop of Norwich, and consecrating Stephan Langton Archbishop, a person altogether unknown, and one that had his Education in France, and Conversation there with his most Public Enemies, without his consent, to the prejudice and Subversion of the Liberties of his Crown, affirming he could no ways recede from the Election and Promotion of the Bishop of Norwich, and if he might not be heard at Rome in his behalf, he would preclude all persons from passing thither, by shutting up his Ports. And since he had Arch-Bishops, and Bishops, and other Ecclesiastic Prelates in his own Nations, abounding in all sort of Learning, he told him if he were forced to it, he would neither seek Justice or Judgement of Strangers out of them. The Pope [3] Ibid. n. 30.40.50. etc. The Pope's Answer and Reproof. wrote back to him, and reproved him for his stiff way of Writing; yet told him (though it was not necessary in Elections made at Rome) that he, the Monks, and others had sent for his Consent, but their Messengers were stopped or otherwise hindered, so as they could not come to him, [4] Ib. f. 225. n. 30.40. The same Controversy or Quarrel between King John and Stephen Langhton, that was between Henry 2. and Thomas Becket. and therefore adviseth him to submit to his pleasure, which would be much for his Honour, and not resist God and the Church, in this Cause, for which the Blessed Martyr, and glorious Bishop Thomas, (they are the Historians Words) Spill his Blood; Especially since his Father and Brother had abjured that Evil Custom. The Pope [5] Ib. f. 226. lin. 3. A. D. 1208. King John would not be prevailed upon by the Pope's advice. finding the King's Heart so far hardened (Cor Regis adeo indurat●m) as not being able to prevail upon his Courtship, advice, and Comminations, to receive Stephan as Archbishop, being touched with an Inward Grief of Heart, by advice of his Cardinals Commanded William Bishop of London, Eustachius Bishop of Ely, and Maugre Bishop of Worcester, to go unto the King, and with a pious care and solicitude, [6] Ibid. n. 10. to treat with him about the Business of the Church of Canturbury, and if they found him Contumacious and Rebellious as thitherto he had been, His Kingdom threatened to be Interdicted. (Quod si forte ipsum Contumacem, sicut Hactenus Extitit invenirent & Rebellem,) they should Declare to him his Kingdom should be interdicted, and if by that he would not amend his pertinacy, he should press him with a more heavy hand. He wrote at the same time to the Suffragans of Canturbury, and other Prelates of that Province, to receive and obey him as their Pastor and Archbishop. Hereupon, The [7] Ibid. n. ●0. The Bishops Solicit him to receive the Archbishop. Bishops as they were enjoined, repaired to the King, Supplicating him with Tears; That as he had God before his Eyes, he would recall the Archbishop and Monks to their Church, Honour and Love them with perfect Charity, that so he might avoid the Scandal of the Interdict, (ut Interdicti Scandalum vitare curaret.) The King condescended as far as he could to Gratify the Pope, King John's condescension to receive the Archbishop. in receiving Stephen Langton to be Archbishop of Canturbury, upon these Bishops acquainting him with the Pope's Injunctions to them, promising by his [8] Append. n. 85. Letters Patents attested by seven Earls and three Barons, above two Months before the Interdict, to do any thing therein, which his Council should think fit and reasonable, saving in all things to him and his Heirs the Right and Dignity of his Crown. But it seems these Terms and Conditions pleased not the Bishops; The Bishops not pleased with the Terms offered by the King. they press him further [9] Paris ut supra▪ n. 20 which drove the King into a great passion of fury, and caused him to speak Hard words against the Pope and Cardinals, The King provoked to passion and threats. Swearing by the Teeth of God, That if they or any others whatsoever, should dare to put his Countries under Interdict, He would forthwith send all the Prelates, Clercs, and Men in Orders to the Pope, and Confiscate their Goods; And added, that whatever Romans he could find, he would cause their Noses to be cut off, and their Eyes pulled out, and send them to Rome; That by those marks they might be Distinguished from Men of other Nations, and Commanded the Bishops out of his presence, lest their Bodies might suffer. After these Threatening words the Bishops [1] Ibid. n. 30. finding no fruits of Repentance in the King (says Paris) left him, and in Lent following on the * In prima Die Lunae in passione Domini: That is the Monday after the 5th Sunday in Lent. His Kingdom is Interdicted. first Monday in the Passion of the Lord (which is the Monday before Palm Sunday) and was on the 10th of the Kalends of April, or 22d of March, they Interdicted all the Kingdom of England. Then all Ecclesiastic Sacraments ceased, (cessaverunt omnia Ecclesiastica Sacramenta) except Confession and the last Viaticum, or Eucharist given to sick Dying Men, and Baptism of Infants. The Bodies of the Dead were carried out of Cities and Towns and Buried in Highways and Ditches, without Service or the Ministry of Priests. Whereupon the day following the King Commanded them to deliver the [2] Append. n. 86. Letters Patents he had given them, concerning what he promised in the Business of the Church of Canturbury, in which he had saved his Right and Dignity, to his Justiciary Geofry Fitz-Peter. [3] Paris fol. 226. n. 40. And William Bishop of London, Eustachius of Ely, Maugre of Worcester, jocelin of Bath, and Giles Bishop of Hereford, privately went beyond Sea. The King during this Treaty with the Bishops, to preserve the rights of his Crown, committed the Custody of [4] Append. n. 87. The King commits the Custody of the Church of Canturbury to his Chief Clerks. Christ-Church in Canturbury and all things within it, to Ralph of St. Martin, and Robert of London one of his Chief Clercs; and likewise the Custody of all the Manners with their Appertinencies belonging to the Priory, to the same Robert, and Henry de Sandwich. And committed also to the Custody of the said Ralph and Robert, and Ralph de Arden the Custody of the Manners with their Appertinencies belonging to the Archbishopric, during his Royal Pleasure. Also [5] Append. n. 88 during this Treaty with the Bishops, Simon Langton, stephan's Brother came to the King at Winchester, desiring him in the presence of the Bishops to admit his Brother to the Archbishopric, He offers to receive the Archbishop, saving his own Right and Dignity. Simon Langton's insolent Reply to the King. which he offered to do saving his Right and Dignity. When the King first mentioned it, he presently replied, he (that is, his Brother) would do nothing for the King, unless he would wholly Refer himself to him; And lest upon Sinister and Partial Reports of this matter the People's affections in Kent especially might be alienated from the King, he wrote to them to let them know what mischief and injury he had done to him. The King [6] Mat. Paris f. 226. n. 40.50. The King revenges himself upon the Church and Churchmen. much confounded at the Sentence of the Interdict, sent his Sheriffs, and other Ministers of Iniquity into all parts of England: (Rex ob causam Interdicti ment nimis Confusus misit Vicecomites suos & alios iniquitatis Ministros in omnes fines Angliae) and Commanded every Prelate, and their inferior Clergy with terrible Threats, That forthwith they should departed the Kingdom, and require the Pope to do him Justice for this Injury; and also put Bishoprics, Abbeys, Priories under the Custody of Laymen, and Commanded all Church Rents to be Confiscated. But in this matter the [7] Ibid. He Seizes their Temporalties and goods. Bishops were so Wary, as not to go out of their Monasteries unless Expelled by force; and the King's Officers understanding it, would not do violence to them, nor had they Command from the King to do it. Their Goods they converted to the King's use, and moderately provided for them Food and Raiment out of their own Estates. The Clercs Barns were every where locked up and the Grain Confiscated. [8] Ib. f. 227. li●. 1. The Concubines of the Priests and Clercs (Presbyterorum & Clericorum Focariae) through all England, were imprisoned by the King's Officers, and forced to pay great Compositions for their Liberty. [9] Ibid. l. 2. The Religious and all Men in Orders which were found Travelling upon the Road, were thrown off their Horses and rob and abused by the King's Soldiers, nor was there any one to do them right. The Parents also of the Archbishop and Bishops, who declared the Sentence of Interdict, were spoiled of their Goods and cast into Prison. Amongst these Evils (saith Paris) the foresaid [1] Ibid. n. 10. Bishops remained beyond Sea, living in all manner of Delights, not opposing themselves as 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 Seizure of the Temporalties and Goods of the Bishops and Clergy, 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 administered 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 Archbishops, Bishops, Priors, Religious Persons, and Clercs, after their Barns were shut up, to sell it until the Feast of St. Catherine, that is, the 25th of November. King john Reflecting upon the Circumstances he was in, fearing [6] Paris f. 2●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 William de Braosa, his Wife Maud told them she would not deliver her Children to their Master King john, because he ought honourably 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 john 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 Tenants in the Kingdom. he received the Homages of all Men that were Free Tenants, 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 Welshmen came to him at Woodstock and did their Homages. The Welshmen also, (which was never heard of before) came to the King at Woodstock, and did their Homages to him, although it was Burdensome 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 john's 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 Worcester by name, to Pronounce him Excommunicate; That so by Publishing the Sentence every Sunday and Holiday 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 fa●o●, Canes muti, non audentes Latrare,) and therefore Dissembling to Execute what was enjoined them, they did not proceed in doing the Pope's 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 Archdeacon of of Norwich leaves the King's Service. Amongst whom Geoffrey Archdeacon of Norwich as he sat in the Exchequer managing the King's 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 William 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 Died. In this Time of the Interdict one Master [6] Ibid. n. 50. A. D. 1209. Alexander Caementarius maintained the King's cause against the Pope. Alexander, called Caementarius, a counterfeit Divine (Speudo-Theologus) maintained the King's Cause against the Pope; Mat. [7] f. 269. n. ●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 King's 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. William Bishop of Lincoln, and this [9] Mat. West. f. 267▪ n 20. & f. 268. n. 50. year Hugh de Wells the King's Chancellor was chosen Bishop, who obtained leave of the King to go into France that he might receive his Consecration from the Archbishop 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 he came into Normandy, he forthwith went to Stephan Langeton, performed his Canonical Obedience to him, and was Consecrated by him on the 20th of December. And when it was Known to the King, he seized the Bishopric, and confiscated the Profits: and Delivering the Seal to Walter de Grace made him Chancellor. King john kept his Christmas at Windsor, [2] Ibid. n. 20. A. D. 1210. The great men attend upon the King notwithstanding the Interdict. where all the great men of England attended upon, and conversed with him, notwithstanding the Sentence of Interdict, but whether out of Loyalty or Fear it remains Doubtful. The Historian says, (Omnibus sese subtrahentibus Rex nociuè insidebatur) the King sat upon the Skirts of all such as withdrew or absented themselves. This year the [3] Ibid. f. 230. lin. 6. & n. 20. King passed over with an Army into Ireland, and having [3] Ibid. f. 230. lin. 6. & n. 20. disposed all things according to his mind, returned and Landed in England on the 30th of August, and making great speed to London, caused all the Prelates of England to appear before him. Upon this [4] Ibid. & n. 30. He Summons all the Prelates of England to appear before him. All Ecclesiastics forced to a Composition. general Summons there came Abbats, Priors, Abbesses, Templars, Hospitallers, the Guardians of the Towns of the Order of Clugny, and other Transmarine Aliens of what Order or Dignity soever, who were all forced to so great a Composition, as it was Reported the Sum amounted to an hundred thousand pounds Sterling. And the White Monks only, all other excepted, were forced to pay to the King 40000 l. of Silver. The King [5] Ibid. n. 40. A. D. 1211. He raised a great Army, and Marched into Wales. Summoned a great Army to meet him at Whitchurch in Shrapsh●re, with which on the eighth of July he marched into Wales as far as Snowdun, and carried all before him; the Kings and Nobles he subdued without Resistance; for their future subjection he received twenty eight Pleges. And having passed all over that Nation, came back to Whitchurch on the 15th of August, He subdued them and received Pleges for their obedience. and proceeding from thence to Northampton, where the Pope's Nuntio Pandulph, and Durand a Templar met him, who came into England to make Peace between the Secular Government and the Ecclesiastic. (Qui ad hoc venerunt, ut pacem inter Reg●um & Sacerdotium Reformarent). At the Request of these men the King [6] Ibid. n. 50. This willingness to receive the Archbishop and all the proscribed Bishops. freely granted that the Archbishop of Canturbury, and the Monks, and all the Proscribed Bishops, might return in Peace and Security to their own places But because the King would not make satisfaction for the Damages done to, and the Goods of the Archbishop and Bishops, which were Confiscated. The Treaty came to nothing, the Nuntio and his assistant returning into France. [7] Ibid. He ●axed those that did not go with him in h●s Welsh expedition. So soon as they were gone the King took of these Military men that were not present in the Welsh expedition for every Knights Fee two Marks of Silver. About [8] Ib. f. 231. lin. 1. A. D. 1211. Reginald Earl of Bologn ill used by the King of France He is kin●ly received by King John. this time Reginald de Domino Martino (Dan Martin) Earl of Bologn was thrust out of his Earldom, and deprived of all his Goods by the King of France, who gave it to his own Son Philip in perpetual right, with the Daughter and Heir of that Earl, who came into England and was Honourably received by King john, by whose Bounty he received 300 l. a Year in Land, and did Homage and Fealty to him. [9] Ibid. l. 7. & Tho. Walsin. Hypodig. Neust f. 460. n 20. Leolin Prince of North Wales made some incursions into England, but was repelled and forced to subjection. The Pope [1] Paris f. 231. n. 10. The Pope absolveth all his Subjects from their Allegiance. much admiring the Contumacy of King john, That he would not comply with the Dictates of his Nuntio, absolved all his Subjects high and low, from their Fidelity and Subjection to him, Forbidding all and singular under the pain of Excommunication, strictly to avoid him at his Table, in Counsel, Discourse and Conversation. At Dinner on [2] Ibid. n. 30. A. D. 1212. Mid-Lent Sunday the King Knighted Alexander the King of Scots Eldest Son and Heir. And about that time Maugre [3] Ibid. Bishop of Worcester Dyed at the Abbey of Pontigny in France. Not long after [4] Ibid. n. 40. The Welsh make Incursions into England. the Welsh made hostile eruptions, and took several Castles in England, and cut off the heads of the Defendants, burned many Towns, and returned with great spoils into their own Country. The King was much moved at this action, and levied a great Army (exercitum innumerabilem) of Knights, and ordinary Horse and Foot, resolving to harrass all Wales, and exterminate the Inhabitants, and in Revenge [5] Ibid. King John Hanged the Welsh Hostages. Hanged up the twenty eight Hostages or Pleges he had Received the year before. Just as he was ready for the Expedition, he received [6] Ibid. n. 50. He hath notice of a Conspiracy against him, but slights it. Letters from the King of Scots, and his Daughter Wife to Leolin King of North-wales, and others of a Traitorous Conspiracy form against him, all which he neglected and slighted, and went on to Chester, where again he received Letters, [7] Ibid. f. 232. lin. 1. That if he Marched forward, he would either be Slain by his Noblemen, or delivered to his Enemies to be Destroyed. At these Repeated Letters he was much Troubled, and when he understood his great men of England were absolved from their Obedience and Fealty, he gave more Credit to the Letters. [8] Ibid. lin. 3. At length he was convinced, and sent to his Great men for Pleges. Atque cum intellixisset Magnates Angliae a sua esse Fidelitate absolutos, majorem literis sibi destinatis Fidem adhibuit) And then changing his Design, Disbanded his Army, and came to London, and sent his Commissioners, to all the Great Men he suspected to send him Pleges. That thereby he might know who would or would not obey him. Those who dare not resist the King's Commands, Some sent their Sons, &c others refused and fled. sent their Sons, Nephews, and nearest Relations, That so they might in some measure appease his indignation. But Eustachius de Vesci, and Robert Fitzwalter being accused of the Treason, fled out of England, Eustachius into Scotland, and Robert into France. Some while after, one [9] Ibid. n. 10. Peter the Hermit his Prophecy. Peter an Hermit in the Diocese of York (after he could not but see the Pope would Depose King john) Prophesied that before Ascension Day he should be no King: much Credit was given to what he said, notwithstanding the King kept him in Bonds, and Close Prisoner. And (the [1] Ibid. n. 20. King John's dissolute Life. Monk says) the King Defiled many Nobleman's Wives and Daughters, laid great Taxes on others, and Confiscated the Estates of others, so as he made to himself almost so many Enemies as there were great men. And therefore at this time, [2] Ibidem. when they knew themselves absolved from their Fealty and Allegiance, they rejoiced much: (and says the Monk further) if common same was to be credited, they every one sent the King of France, a [3] Ibid. n. 30. Chart Sealed with their Seals, That he might safely come into England, receive the Kingdom, and be Crowned with honour and glory. About this time [4] Ibid. A. D. 1212. The Bishops inform the Pope against the King. Stephan Archbishop of Canturbury, William Bishop of London, and Eustachius Bishop of Ely, went to Rome, and informed the Pope of the many Rebellions and Enormities King john had committed since the Interdict (inverunt Papae multimodas Rebelliones, & Enormitates quas fecerat Rex Anglorum Johanes) lifting up the hand of oppression and Cruelty against God and Holy Church; and therefore humbly supplicated him in this Extremity to commiserate and assist the English Church. The Pope was very Sorrowful, when he had heard their Narrative, and by advice of his Cardinals, Bishops, and other wise men, [5] Ibid. n. 40. The Pope pronounces the Sentence of Deposition. And writes to King Philip to put it in Execution. he pronounced the Sentence of Deposition against King john, and ordered a more worthy person to succeed him; and wrote to Philip King of France to put this Sentence in Execution; and that he might undertake it, he granted to him the Remission of all his sins, and the Kingdom of England to him and his Successors in perpetual right, when once he had Dethroned and expelled him. Ad hujus quoque sententiae executionem, scripsit Dominus Papa, potentissimo Regi Francorum Philippo, Quatenus Remissionem omnium suorum peccaminum, hunc laborem assumeret, & Rege Anglorum a Solio Regni expulso, ipse & successores sui Regnum Angliae Jure perpetuo possiderent. He [6] Ibid. n. 50. The Pope's zeal to have King John dethroned. wrote also to all great men, Knights, and other Warriors of divers Nations, That they should undertake the Crusado, (ut seize Cruse signarent) for the Dethroning of the King of England, and follow the King of France the General in this Expedition, and labour to vindicate the Injury done to the Universal Church, and Decreed that whosoever should contribute either Money or other assistance, toward the subduing of that Contumacious King, should remain secure as well in their Goods as persons, and in the Suffrages of their Souls, or Prayers for their Souls, in the Peace of the Church; as those who visit the Sepulchre of the lord Sicut illi qui Sepulchrum Domini visitant, Tam in Rebus, quam in personis, & animarum suffragiis in pace Ecclesiae securi permaneant. [7] Ibid. Pandulph sent into England. And with this Commission and Instructions he sent Pandulph his Nuntio, with the English Bishops, that in his presence they might be executed. But when [8] Ibid▪ & f. 233. l. 1. they were all gone out, Pandulph asked the Pope privately what he might do, if the King of England should repent, and make satisfaction to God and the Roman Church, and all others concerned in this business? He presently gave him a form of Peace, to which if the King would assent, he might find favour at the Apostolic See. In January [9] Ibid. n. 20. Ann. Dom. 1213. The English Bishops pronounced the Sentence in France. They exhort King Philip to execute it. He accordingly prepares to go into England. next year Stephan Archbishop of Canturbury, William Bishop of London, and Eustachius Bishop of Ely, in a Council in France before the King, Bishops, Clergy, and Laity solemnly promulged the Sentence that had been pronounced against the King of England for Contumacy, and then exhorted the King of France and all with him, and for the Remission of their Sins enjoined them to Depose King john, and set up another by the Pope's Authority. He had now what a long time he desired, and prepares accordingly, and commands all the men under his power, that is to say, Dukes, Earls, Barons, Knights, and Esquites, to be ready with their Horse and Arms at Roven eight days after Easter, Rex Francorum omnes suae ditionis h●mines, deuces, videlicet, Com●es & Barones, Milites & servientes cum equis & armis, etc.) under the Disgrace of being reputed Turn-tayls or Runaways, (sub nomine * Du Fres● says, these words, sub nomine Culvertagil, are of the same import with sub Poena Confiscationis. Culverragii) or lest they should be disinherited as Traitors. At the same time he caused all the Ships of his own Nation, and many others, to be Equipped, Armed and Victualled. King [1] Ibid. n. 40. john having notice of this great preparation against him beyond Sea, took care to prevent the Danger of it, by fitting up all the Ships in all the Ports of England, and by sending to all the [2] Append. N. 95. Sheriff● of every County of England to summon all the Earls, Barons, Knights, and all Freemen and Esquires or Sergeants, whoever they were, and of whomsoever they held, who ought to have, or could have Arms, and who had done Homage and Ligeance to him. [3] Paris 234. n. 10, 20▪ King john's preparation to oppose King Philip. There were several Rendezvouses at Dover, Feversham, and Ipswich, where the numbers were so great as they wanted Victuals; therefore the unarmed multitude was sent home, and the Knights, Esquires, Freemen, Crossebowmen and Archers stayed upon the Coast. The Bishop of Norwi●h came out of Ireland with 500 Soldiers, and many Horse to the King, and was kindly received. The whole Force that was Mustered upon Barham Down, consisted of sixty Thousand strong well armed men. He designed also to waylay the French Fleet, and fight them with his Navy which was greater and stronger than that of France. While King [4] Ibid. n. 30, 40, 50. Pandulph affrighteth King John. john expected the arrival of the King of France upon the Coast of Kent near Dover, Pandulph sent two Templars to let the King know he would speak with him, by whom the King desired he would come to him with speed. They met at Dover, when Pandulph tells him, what a vast Navy and Army the King of France a. The French Historians Rigord and Mez●ra● and our * Hypodigm. Neustria. Walsingham in this Year 1213. say that of all the Nobility of France, Ferrand Earl of Flanders only refused to assist the King of France in this Expedition, so that he resolved before he took Shipping, to put him into a Condition not to be able to hurt him. He subdued the Towns of ●yre, ●asse●, and all the Country to Bruges, which he took also, and Besieged Gan●, at which time his Navy which consisted of seventeen Hundred Ships, King Philip prepares a great Navy. as many of it as could put into Dam, the other lay upon the Coast. Mean while the English Fleet put to Sea under the Command of the Earl of Bologne, and William Longs●ee Earl of Salisbury the King's Brother, which took all those which lay upon the Coast, and Besieged the Town of Dam, with the Ships in the Harbour. The King of France leaves Gant, and beats them on Shore, The English blocked up his Ships in Dam. and Killed Two thousand, nevertheless, they keeping the Sea, the French Vessels could not get out without falling into their hands, and therefore the King of France caused the Furniture to be taken out, and all the Ships to be Burnt, and afterward Fired the Town of Dam. had at the Mouth of the River Seyn, ready to set Sail, and take possession of his Kingdom, and doubted not but to make short work of it; having as he Boasted, Charts or assurances from most of the great men of England of their Fidelity and obedience to him. Being [5] Ibid. & f. 235. lin. 1. & n. 10, 20. A. D. 1213. He submits to a Form of Peace drawn up by the Pope. Terrified and Confounded with this News, King john by the persuasion of Pandulph submitted to the form of Peace as it was drawn up by the Pope, in which he swore to stand to the Commands of the Pope before his Legate or Nuntio, in all things for which he had been Excommunicated, and to make full Restitution and Recompense, for all things which had been taken away from the Clergy or Laity by reason of the Interdict or present Quarrel; and to pardon and receive into favour not only the proscribed Bishops, the Prior and Monks of Canturbury, but also Robert Fitz-Walter, and Eustachius de Ves●y, and all other Clercs or Luics concerned in it. That he would cause his [6] Append. N. 96. Letters Patents to be made, by which he would confirm these things, and cause as many Bishops and Barons, as the Archbishop and Bishops should choose, to Swear, and give their [7] Append. N. 97. Letters Patents for the security of the Peace. And that if he, or any others by his Order should violate this Agreement, Then those Bishops or Barons, on behalf of the Church, should adhere to the Pope's Commands against them, and that he would for ever lose the Custody of vacant Churches. And obliged himself to [8] Paris f. 235. lin. 46. send all these Letters of Security for performance of these things, to the Archbishop and Bishops before their Return into England. And further upon this Agreement he was forced to disclaim his right to Outlaw any Clergyman, as appears by his Letters Patents in the Appendix, N. 108. The greatest part of the Form of Peace Drawn by the [9] Append. N. 98. Pope, or his Order was the Resignation of his Crown, and the form of his Doing Homage to him; For his Offence was so great against God, and his Mother holy Church, That nothing but Granting his Kingdoms of England and Ireland to the Pope, and making them St. Peter's Patrimony, and becoming his Vassal could expiate it. And he must also declare, That he did all this freely and voluntarily by the advice of his Barons, and not compelled by fear or force of the Inderdict. Append. N. 99 And after he had given away his Crown and Kingdoms, and done Homage to the Pope, he took them again in Fee to hold them of him by Homage and Fealty, and a thousand Marks by the year Rend for all other Services, That is 700 Marks for England, and 300 Marks for Ireland. [2] Append. N. 100 Saving to him and his Heirs the power of Executing all Justice, and Creating Justices, and all their Liberties and Royalties. Salvis nobis, & haeredibus nostris, Justiciariis, Libertatibas & Regalibus nostris. Two or three Exemplars of this Grant of the Crown and Kingdom are to be found in the Appendix at the Numbers last mentioned. This done, and the Charts, or Letters Patents of the Grant delivered to Pandulph, he returned into [3] Paris f. 237. n. 40. Pandulph returns into France with 8000 l. France with 8000 l. Sterling part of the Restitution-money for what had been taken from them, which was to be paid to the Archbishop and Bishops: The Monks of Canterbury, and others, which were in Exile, by reason of the Interdict [4] Ibid. the Tenor of the Charts, and form of Peace pleased them all; and Pandulph earnestly persuaded them to return into England, and receive the remainder of their Money, that should be adjudged to them for their Losses. He went from them and applied himself to the [5] Ibid. n. 50. He advised the King of France to desist from his purpose. King of France, who was ready with an Army to invade England, and advised him to desist from his purpose, for that now he could not prosecute his design without offending the Pope, seeing King john was ready to make satisfaction to holy Church, and obey the Pope's Catholic Commands. The King was not well pleased with what he said, and told him he had expended more than Sixty thousand pounds in Arms, Victual, and fitting out of Ships, and had undertaken the enterprise at the Pope's Command for the remission of his sins; and indeed he would not have much valued what Pandulph said, if it had not been for the [6] Ibid. f. 238. lin. 2. Earl of Flanders, who refused to follow him, or join in this Expedition, with whom he was confederated, and would not forsake his Engagement. Paris in this [7] Ibid. 10, 20, 30. place reports what was noted before concerning the French Fleet at Dam, and upon the coast of Flanders, and says, when King john heard of it, he was very joyful and pleasant, and having no present fear or apprehension of danger from the King of France, he gave [8] Ibid. 40. leave to his great men and others, that lay upon the coast to departed home. The King thought he had an [9] Ibid. n. 50. opportunity to recover what he had lost in France, and sets the Earl of Flanders, with the assistance of the Emperor, to invade the East part of that Kingdom, while he invaded the West, and to that purpose assembles a great Army at Portsmouth; King John raiseth Army to invade France. His great men refuse to go unless he was first Absolved. but when they came together, the [1] Append. n. 101. He sends for the exiled Bishops to return. Great men and Barons refused to follow him, unless he were absolved from the Sentence of Excommunication. The King much moved at this denial; [1] Append. n. 101. He sends for the exiled Bishops to return. sent for the Archbishop and Bishops, these persons following, H. Archbishop of Dublin, john Bishop of Norwich, William Earl of Arundel, Mat. Fitz-Herbert, and William Archdeacon of Huntingdon, in whose Commission, The King told them he had long expected and desired their coming, requesting them to make haste. Paris [2] Paris. f. 239. lin. 2. adds, the King sent the Charts or Letters of Assurance of 24 Barons that they might return into England without the least Fear, and receive recompense for all Damages according to the form of Peace. They landed at Dover the * Ibid. lin. 9 He is Absolved. 16th of July, and on St. Margaret's day, the 20th of the same Month the King was Absolved. The Bishops that came over were [3] Ibid. lin. 6. His submission to the Bishops. Stephan Archbishop of Canterbury, William of London, Eustachius of Ely, Hugh of Lincoln, and Giles of Hereford. The King when he knew they were come, went forth to meet them, and threw himself at their [4] Ibid. n. 10 Feet with Tears, beseeching them to have mercy on him and the Kingdom of England. They seeing his great Humiliation, lift him up from the Ground with Tears also, leading him to the Cathedral at Winchester, where before he was Absolved he made this Oath, [5] Ibid. and n. 20. His Oath before he was Absolved. That he would Love, Defend, and Maintain Holy Church, and the Clergy, against all their adversaries to the utmost of his power. That he would recall the good Laws of his Ancestors, and especially those of King Edward, and destroy the wicked ones; That he would Judge all his Men according to the just Judgement of his Court; and would give every man his Right. He also made Oath, he would make full satisfaction to all concerned in the Business of the Interdict, for what had been taken from them before Easter next, if not the Sentence of Excommunication was to be renewed. Furthermore he Swore Fealty and Obedience to Pope Innocent and his Catholic Successors, as it was contained in his Chart. On the [6] Ibid. He sends to all his Sheriffs to inquire what damages the Bishops had sustained. morrow after his Absolution, he sent his Precept to all the Sheriffs of England, That they should cause to meet at St. Alban on the 4th of August four Lawful men with the Reeve, (Quatuor Legales Homines cum Preposito) of every Town they kept in their own hands, that by those and their other Ministers, he might inquire and be informed, what Damage every Bishop had sustained, what had been taken from, and what was due to them. And then he made [7] Ibid. n. ●0. He prepares to go over Sea. haste to Portsmouth, That he might pass into Poictou, committing the Government of the Kingdom to Geofry Fitz-Peter and the Bishop of Winchester, with Direction they should order all the affairs of the Nation with the Advice of the Archbishop of Canturbury. [8] Ibid. His great men excuse themselves from going with him. When the King came to Portsmouth, his Great men, Knights, and such as held by Military tenure, complained they had been there so long in expectation of their Voyage, that all their Money was spent, and unless he would furnish them out of his Treasury, they could not go with him, which the King refused to do; yet he Shipped himself with his private Family, and after three days, arrived at jersey, his Great men returning home, and when he saw himself deserted, came back into England, so that nothing was further done in this Expedition. While the King [9] Ibid. n. 40. A Council held at St. Alban. was busied in this Affair, his Commissioners or Viceroys held a Council at St. Alban, with the Archbishop and Bishops and Great men of the Kingdom, where the King's Peace was Proclaimed to every Man, on whose behalf the Laws of King Henry his Grandfather were commanded to be observed by all men, and that all injust Laws should be abrogated. It was further ordered that no Sheriffs, Foresters, or other the King's Officers, as they loved their Lives or Limbs, should Extort any thing violently from any Man, or presume to wrong any one, nor that they should make * From Scot and Alla as 'tis commonly said▪ Sed Qu●re. It was an abuse put upon the People by Forest Officers, who invited them to drink Ale, and then made a Collection not to vex or inform against them for pretended crimes committed in the Forest. Scotalls in any part of the Kingdom, as they used to do, (aut Scotalla alicubi in Regno faciant, etc.) King john seeing himself deserted by some of the Great men, gathered a great Army together that he might force the Rebels or Refractory Nobility, to the performance of their wont Service. (Magnum Congregavit Exercitum, ut Rebelles ad consuetum obsequium revocaret.) When he began to raise Force to Reduce them, the Archbishop came to him to Northampton, The Archbishop threatens the King if he made war upon any without the judgement of his Court. and told him he violated the Oath he took at his Absolution, if he made War upon any one without the Judgement of his Court, (si absque Judicio curiae suae contra Q●empiam B●ll● moveret.) [1] Ibid. n. 50. The King with a loud voice answered, he should not lay aside the business of the Kingdom for him, when as he had nothing to do with Lay-matters. Next morning early the King went towards Nottingham; the Archbishop followed him and threatened, That unless he did quickly desist, he would Anathematise [2] Ibid. f. 240. lin. 1. all those, but himself, that should take up Arms against any man before the Relaxation of the Interdict, by which means he caused the King to give over prosecuting the Barons by force, and left him not, until he had obtained a Competent day for them to Answer in his Court, to be Tried there. But that they were ever summoned to, or appeared in the King's Court, we no where find in this King's Reign. For probably before that time came, viz. on the 25th of August next following, the Barons by the [3] Ibid. lin. 6. Arch-Bishops instigation, made a Confederacy against the King; For he with the Bishops, Abbats, Priors, Deans, and Barons of the Kingdom, Stephanus Archiepiscopus Cantuariensis cum Episcopis, Abbatibus, Prioribus, Decanis, & Baronibus Regni, met at [4] Ibid. lin. 7. The Archbishop privately told the Great Men he had Absolved the King. London in St. Paul's that day, where the Archbishop so far indulged the Conventual Churches, and Secular Priests, that they might Chant their Canonical hours with a low voice, and then saith Paris in this Colloquium or Parliament, (as it was reported) The Archbishop called aside some great men of the Kingdom, and secretly told them, That he had Absolved the King, and forced him to Swear (Apud Wintoniam, Regem Absolvi, & ipsum jurare compulerim, etc.) That he would abolish all unjust Laws, and cause the Good Laws, that is to say, the Laws of King Edward to be observed of all men in the Kingdom; and told them, he had found a certain [7] Ibid. n. 10. Charter of King [8] Append. n. 102. Henry the First, by which, if they would they might assert their Liberties they had long time lost, and producing the Charter, he caused it to be read before them. And they all Swear in the presence of the Archbishop [9] Ibid. f. 241. n. 10. That upon a fair oppurtunity, they would strive to Death for those Liberties; And the Archbishop promised them his most faithful assistance to the utmost of his power: And so the Confederation being perfected, the Conference or Parliament was Dissolved. (Et sic Confederatione inter eos facta Colloquium solutum est.) Not long after, on the Second day of October, [1] Ibid. f. 243. lin. 3. A. D. 1213. died Geoffrey Fitz-Peter Justiciary of England, To the great detriment of the Nation, who I find not a party to the Confederation. Next follows this Monk's [2] Ibid. f. 243. n. 20. etc. King John's offer of his Kingdom to the Emperor of Morocco, and to turn Mahometan, a malicious Calumny. story of King john's offering his Kingdom to the Emperor of Morocco, to relinquish the Christian Religion, and embrace the Mahometan; but since he had in less time than a year before, Granted his Kingdom to the Pope, and received it again as Feudatary to him, and seeing in this Story he reports Robert of London, the Kings own Clerc, and one of his Envoy's sent upon this Errand to the Emperor, in his discourse with him, to have made the most horrid Invective against his own Prince and Master, that perhaps was ever heard. I shall pass it by as a Legend only, as a most improbable thing, if not a malicious calumny, and false Tale raised against him to Alienate the affections of the People from him. About Michaelmass this [3] Ibid f. 246. n. 30. A. D. 1213. Nicholas the Pope's Legate sent into England to take an estimate of the Clergys' Damages. year, Nicholas Bishop of Tusculum (now Frascati) the Pope's Legate came into England with his Authority to compose the Dissensions between the Secular and Ecclesiastic Government, (ut Dissentiones inter Regnum & Sacerdotium reformaret) The Archbishop of Canturbury, with the Bishops and great Men of the Kingdom, met him at London, where in the presence of the King and Cardinals, there was a Treaty for three days (inter Regnum & Sacerdotium) between the Secular and Ecclesiastic State, concerning the Damages the Bishops had sustained, and what had been taken from them, at what time the [4] Ibid. n. 50. King John's offer. King offered an hundred thousand Marks to be forthwith paid as a full Restitution to the Bishops; yet so, as if it should afterwards appear by Inquisition, That the * See Mat. Paris. f. 245 lin. 1. Guardians the King had placed in Churches, or his other Officers, had taken away more, he further offered to Swear with Fidejussors, or undertakers for him, That he would before Easter following by the Judgement of the Legate himself and the Bishops make full satisfaction for what had been taken from all men. [5] and f. 247. lin. 1. etc. The Legate accused as a favourer of the King. The Legate consented to his Proposition, and would have had it presently▪ put in execution, and took it ill 'twas not accepted. Whereupon the Legate was suspected to favour the King● and the Bishops gave a Dilatory Answer to his Proposal, having agreed, there should first be an Inquisition made of the Damages, and what had been taken from them, and then the Value or Sum thereof to be presented to the King. He consented to their Agreement, and there was no more done that day. On the [6] Ibid. lin. 7. The King renews his subjection to the Pope. Morrow they all met in the Cathedral Church of St. Paul, where after many and various discourses about the Relaxation of the Intedict. The King before the great Altar, in the sight of the Clergy and Laity (Coram Clero & Populo) renewed the famous subjection of the Lordship or Dominion of Ireland, and his Crown and Kingdom of England to the Pope. [7] Ibid. n. 10. And the King's Charter which was formerly sealed with Wax, and delivered to Pandulph, was now Bulled with b. Gold, and delivered to the Legate, to the use of the Pope and the Roman Church (Charta quoque Regis, de Qua superius diximus, Quae prius Cera signata fuit, & Pandulpho tradita; nunc auro Bultata est, & Legato ad opus Domini Papae, & Ecclesia Romanae resignata.) b There were two Charters, the First whereof was Sealed with Wax, and delivered to Pandulph, Dated at an House of the Templars near Dover, May the 5th. in the Fourteenth of this King's Reign, but rather Fifteenth; And this other Bulled or Sealed with a Golden Bull, or Seal, Dated at St. Paul's London, A. D., 1213. on the third of October, in the Fifteenth year of his Reign. They are both to be found in the Appendix, with the Pope's Re-grant of the Dominion of Ireland, and Kingdom of England to King john, N. ●8, 99, 100 But as to [8] Ibid. the Restitution of what had been taken from the Clergy, The Third of November was appointed to Treat of it at reading, and when they all met there that day, the King came not; yet they assembled at Walingford three days after; upon the sixth of that Month, where the King, as he had done before [9] Ibid. n. 20. voluntarily offered to satisfy the Bishops and all others whatsoever; but this was a small matter to such as had their Castles demolished their Houses pulled down, He offered to make satisfaction to all that were damaged, and referred it to four Barons. and their Orchards and Woods stubbed up; wherefore the King and Bishops agreed to refer the Matter to the Arbitration of four Barons, so as the King should make satisfaction according to their Judgement. After this the King and Legate, the Archbishop with the Bishops, Great Men, and all the Religion's persons concerned in the Business [9] Ibid. n. 20. met again at reading on the 6th of December, where every one produced a Chart or Catalogue of what had been taken from him, with the sum of the Damage he had sustained thereby. But the Legate favouring the King, they were put off, and payment was delayed; except that the Archbishop and Bishops that were out of England with him, received there 15000 Marks of Silver. What these four Baron● did, I find not, or what they were, or whether they undertook the Arbitration. An ●nquiry of Damages appointed by the King. But the King, according to the greement which the Bishop before recited, issued his Writs to certain Inquisitors appointed to make Inquisition in every Bishopric, before the Arch-Bishops, Clercs, what had been taken from the Bishops, Clercs, and other Ecclesiastical persons, and Laics, and to return it to the King, as appears upon [1] Append. n. 103.104. Record, though the Inquisitions themselves are not to be found; which in all probability, were the Charts or Catalogues abovementioned. About this time the Pope [2] Append. N. 105. The Pope writes to his Legate to fill all vacancies of Abbeys and Bishopric's. wrote to his Legate Nicholas, to fill all vacant Abbacies and Bishoprics, with fit persons, and wrote to all Chapters, Commanding them to rest in his Advice and Determination; and if there were any Rebels, or such as contradicted him, that he should compel them to Obedience by Ecclesiastic censure, without benefit of Appeal. The Legate armed [3] Mat. Paris f. 247. n 40. He executes the Pope's Letter. with this power, despised the Archbishop and Bishops of the Kingdom, and went to the vacant Churches with the King's Clercs and Officers, and placed in them unfit persons; such as appealed to the Court of Rome he suspended, and suffered them not to have one penny of what was their own to bear their charges thither: In many places he gave the vacant Parochial Churches to his own Clercs, without the consent of the Patrons. After the [4] Ibid. n. 50. A. D. 1214. The Archbishop and Prelates are troubled at the Legates practice. Octaves of Epiphany, the Archbishop of Canturbury, with his Suffragans, met at Dunstable, to Treat of the Affairs of the English Church, for it much troubled them, That the Legate without their Advice, and in favour to the King's Inclinations, should place insufficient Prelates in the vacant Churches, rather by Intrusion then Canonical Election: At length when the matter had been variously discussed, the Archbishop sent two Clercs to the Legate then at Burton upon Trent, who by appealing, prohibited him on behalf of the Archbishop of Canturbury, lest he might presume to institute Prelates in his Province, to whom of right it belonged to do it. The Legate not valuing the Appeal, [5] Ibid. f. 248. lin. 4. The Legate opposes the Appeal of the Archbishop and Bishops. His Character of the King. dispatched Pandulph with the King's assent to the Court of Rome, that he might defeat the purpose of the Archbishop and Bishops; and when he came there, he did not a little blast the credit of the Archbishop with the Pope, and so much extolled the King, affirming he never saw a more Humble and Modest Prince, that he obtained great favour with the Pope. Simon de Langeton the Arch-Bishops Brother opposed Pandulph, but because he brought the Kings Charts Bulled, or Sealed with Gold (Sed Quoniam Charta Regis auro bullata, a Pandulpho nuper delate fuerit, etc.) containing the Subjection and Tribute of the Kingdom of England and Ireland, Master Simon in what he offered against him could not be heard. The same Pandulph affirmed also, That the Archbishop and Bishops were too Rigid and Covetous in the Exaction, and for the Restitution of what had been taken away in the time of the Interdict; and that they had beyond Equity depressed the King himself, and the Liberties of the Kingdom, or the Temporal Liberties, and so for a while the Archbishop and Bishop's designs were put off, or received delay. In the mean time the King had [6] Ibid. n. 10. sent a great sum of Money to the chief Commanders of his Forces in Flanders, that thereby they might be enabled to invade and waste France on that side; they did so, and took several Towns and Castles, and much harassed the Country. And the King having sent Messengers to Rome about releasing of the Interdict, He with his Queen took Shipping at Portsmouth on the Feast of the Purification of the Virgin Mary, and within few days arrived with a great Army at Rochel, where came many Barons of Poictou, and swear Fealty to him; and presently after his landing, there were [7] Ibid. n. 20. King John's success beyond Sea. surrendered to him, and quitted, Twenty six Castles and Fortresses, and while he was besieging Millesen Castle, there came to him Friar William of St. Owen, with the Pope's Form of Releasing the Interdict, which he sent to Peter Bishop of Winton his Justiciary of England, with an account of his Successes to [8] Append. n. 106. William Earl Marshal, and all the Earls, Barons, and great Men of England with Directions to them to hear, and do what the Justiciary should say to them concerning the Form, and Relaxation of the Interdict. The Messengers or Commissioners [9] Mat. Paris. f. 249. lin. 3. The Commissioners sent by the King, and Archbishop, urged the Relaxation of the Interdict. sent by the King to Rome about this Affair, were john Bishop of N●rwich, Robert de Marisco Archdeacon of Northumberland, Thomas de Hunting●una, or rather Herdingtona, and Adam two Noble Knights; Those on the behalf of the Archbishop were Simon de La●getuna his Brother, A. and G. his Clercs; all which unanimously affirmed in the presence of the Pope, it was very much for the advantage of the Secular and Ecclesiastic State, that the Interdict should be released; [1] Append. n. 107. and by their consents he invented, and appointed the Form of it, by which he ordered 40000 Marks to be paid to the Archbishop of Canturbury, the Bishops of London, Ely, and others, they should assign discounting what they had received before, which being paid, and further caution give, as 'tis noted in the Form itself. The Legate without any obstacle of Appeal or Condition, was to release the Interdict, which Caution was, That * Append. N. 109, 110 the King should bind himself by Oath, and his Letters Patents, with six others, Bishops and Earls, his Fidejussors, or Sureties for the payment of 12000 Marks a year at two Terms, until the 40000 Marks were fully paid. At the time [2] Paris ut supra. n. 20. A Council assembled by the Legate at St. Paul's in London. when Nicholas the Pope's Legate received this Authentic Message from the Pope, the King was still beyond the Sea, but in his departure from England, he left the Legate and William Marshal his Commissioners in this Business; and the Legate assembled a great Council at St. Paul's in London [3] Ibid. n. 30. where were the Arch-Bishops, Bishops, Abbats, Priors, Earls, Barons, and others concerned in this Affair of the Interdict, before whom he propounded the Form of Restitution for Damages, and what had been taken a way from the Bishops, etc. which was drawn up by the Pope at Rome, with the consent of the Parties, Commanding he might be certified what Money had been paid to the Bishops or others, by the King's Officers, upon occasion of the Interdict; and it was proved that the Archbishop, and the Monks of Canterbury, together with the Bishops of London, Ely, Hereford, Bath and Lincoln, before they returned into England, received by the hands of Pandulph 12000 Marks Sterling; and in the Council holden at Reding, on the 7th of December (7o Idus Decembris) after their return, the same Bishops and Monks received 15000 Marks to be divided between them; [4] Ibid. n. 40. so that there remained to be paid only 1●000 Marks, for which they had the King's Letters Patents, and the Security of the Bishops of Winchester and Norwich for the payment of it. And then after the accomplishment of all these things [5] Ibid. n. 50. A. D. 1214. 16 Johan. Regis. The Interdict released. The Legate on the Feast of St. Peter and Paul, (June 29.) solemnly released the Sentence of Interdict, after it had continued six years, three Months, and fourteen days, to the great joy of the whole Nation. The Interdict thus released, [6] Ibid. and f. 250. lin. 1. etc. The Religious make their suit to the Legate for Restitution. The Legat's Answer. There came to the Legate, Abbats, Priors, Templars, Hospitalers, Abbesses, Nuns, Clercs and Laics an innumerable multitude, (innumera multitudo) Requiring Restitution for the Damages and Injuries they had received. But the Legate answered them all alike, That there was no mention of their Damages and Injuries in the Pope's Letters, and that he neither aught or could transgress the bounds of his Authority; yet advised them to complain and apply themselves to the Pope, and petition him to do them Justice. [7] Ibid. f. 250. lin. 7. When the Prelates (that is all the Bishops, Abbats, Priors, etc.) that put in their Complaints heard this; they returned home without hopes of better success: nor perhaps most of these, the Religious especially, could really require nothing, for the King had procured and exacted from most Religious Houses, Testimonials, that what he had from them, or as Paris says, violently extorted, was freely given him. [8] f. 23●. n. 30. Rex vulpina calliditate ab omnibus Religiosorum Domibus, Chartas exegit Quibus testarentur se gratis contulisse, Quaecunque ab eye violenter extorsit. And upon the Patent Roll of the 16th of this King, there is a [9] Append. n. 11. Form of an Acquittance entered for the Abbats and Convents, by which they acknowledged satisfaction for what he had received of them during the time of the Interdict. About this time King john [1] Paris. f. 250. n. 10, 20. A. D. 1214. King John would have fought Lewis, but his Barons of Poictou refuse. marched his Army out of Poictou into Britain, and Besieged the Castle de la Roche au Moin upon the River Loir between Nants and Angiers, and Lewis the King of France his Son came with a great Army to Relieve it; King john sent for his Scouts to discover their Numbers and strength, who returned to him, and informed him, they were inferior to his, and persuaded him to give them Battle. He commands his Soldiers to Arm, That he might March and meet him, but the Barons of Poictou would not follow the King, saying they were not prepared for a Field Battle; They he suspected their accustomed Treason, and when he was upon the point of sacking the Castle raised the Siege. [2] Ibid. n. 30. Lewis also when he heard King john began to March, fearing he would set upon him, fled. Sicque utterque Exercitus ignominiosa Dilapsus fuga, alter alterum a Tergo salutavit. And so both Armies having sheaked away by an ignominious flight, turned their Backs one upon another. The French Historians, [3] f. 215. n. 30. A. D. 1214. Rigord especially, and others from him, Report this Action otherwise. They say Prince Lewis assembled an Army at Chinon Castle, and marched toward King john, who so soon as heard he was within one days March of him, fled and left the Engines behind him with which he Battered the Castle, and Lewis afterwards took the Castles of Beaufort and Mon●onter, wasted many Rich places belonging to the Vicecomes or Viscount or Toars, and Demolished the new Walls of Angiers with which King john had encompassed it. Within less than a Month after [4] Rigord. f. 216. u. 10, 20, ●0, etc. Paris ut supra, f. 250.40, 50. etc. A League against the King of France upon the 27th of July (sexto Kalendarum Augusti) was fought the famous Battle of Bovines, between Tournay, Lens, and Lis●e, now in Ar●ois. At this time the Emperor, the King of England, the Earl of Flanders, Dukes of Louvain and Brabant, Leagued against the King of France, and invaded his Kingdom, while his Son Lewis was engaged in Poictou and Britain against King john. The person of the King of France was in great Danger having been beaten off his Horse and trod under his Feet, yet at length his Enemies were all vanquished, Otho the Emperor put to flight; his Standard being a Dragon, under an Imperial Eagle gilt, The King of France vanquisheth Otho the Emperor. Ferrand Earl of Flanders, and Reginald Earl of Bologn● taken Prisoners. was torn and taken, and the Chariot that carried it, broken in pieces. There were also taken five Earls, two whereof were Ferrand Earl of Flanders, and Reginald Earl of Bologne, with twenty five Noble men that carried Banners. Ferrand was imprisoned in a strong Tower in Paris, and Reginald in a strong Tower in Perone in Picardy laden with Irons, and Chained to a great piece of Timber. The Parisians made the King a most splendid Reception at his Entrance into their City, and celebratred this Victory with great Joy for several days. Whoever desires to see all the small particulars, and great engagements in this Battle, how every considerable Commander behaved himself with the Brigade or party he Commanded, and what their names, and who they were, may read the Description of it at large in Rigord, who was the King of France his Chaplane, and with him in i●. And may also have a further account of it in Matthew Pari●, though not so large, yet no ways interfering with that of R●gord. After this Victory, by the Industry of Ranulph Earl of Chester and mediation of Robert the Pope's Legate (saith [5] f. 224. n. 20. Paris f. 250. n. 30. A truce made for five years between England and France. Rigord) of religious persons (saith [5] f. 224. n. 20. Paris f. 250. n. 30. A truce made for five years between England and France. Paris) a Truce was made between the two Kings for five years; and King john [6] Ibid. n. 50. returned into England (14 Calendarum Novembris) or 19th of October. About the [7] Ibid. The Earls and Barons Confederate against King John at St. Edm●nds Bury. same time, the Earls and Barons under pretence of Prayer, but really for another purpose met at St. Edmund's Bury; For when they had a long time, whispered and talked privately together, the Charter of King Henry the first was produced, which the Barons received from Steppan Archbishop of Canturbury at London (ut praedictum est) as was said before, which contained certain Laws and Liberties of King Edward granted to the Holy English Church, and the great men of the Kingdom with some other Liberties the King added of his own, (continebat autem Charta qu●sdam Libertates & Leges Regis Edwardi Sanctae Ecclesiae Anglicanae pariter, & Magnatibus Regni Concessas, Exceptis Quibusdam Libertatibus, Quas idem Rex de suo adjecit.) When they all met in the [8] Ibid. f. 253. lin. 2. Church of St. Edmund, the great Barons begun to Swear first upon the great Altar, That if the King Refused to grant them those Liberties, They would make War upon him, and withdraw themselves from his Fealty, until he should by Charter Sealed with his Seal, confirm all they Demanded. And they all Agreed, That at Christmas they would all go to the King together, to Demand, That the Liberties before mentioned might be Confirmed. And in the mean time they would provide themselves with Horse and Arms. That if perchance the King should start from his own Oath (as they believed he would, for his Doubleness) They might compel him to satisfaction by taking his Castles. Quod si forte Rex a proprio vellet Juramento (Quod bene Credebant) resilire, propter suam Duplicitatem: ipsi protinus per Captionem Castrorum suorum eum ad satisfactionem compellerent. In the [9] Ibid. f. 253. n. 30. A. D. 1215. They demand of the King a restitution of certain Laws and Liberties. year One Thousand two hundred and fifteen at Christmas the King kept his Court at Worcester one day only, and hasting from thence to London, remained in the New Temple, where the great men came to him in Luxurious Military Habits, and desired certain Liberties and Laws of King Edward, with other Liberties Granted to them, The Kingdom of England, and the English Church, might be confirmed, as they were contained and written in the Charter of Henry the first, and the foresaid Laws. Moreover they affirmed, That at the time of his Absolution at Winchester, he promised those Laws and Liberties, and was bound by Oath to the Observation of them. [1] Ibid. n. 40. The King's Answer. The King observing the earnestness of the Barons, and their readiness for War, was startled, and for the greatness and difficulty of the matter required time to Answer until the close of Easter; many things were propounded on both sides, and at length the King (though unwillingly) found Sureties the Archbishop of Canturbury, the Bishop of Ely, and William Marshal, That on the day prefixed, he should with reason satisfy them all. Upon which the great men returend home. The King [2] Ibidem. Fealty Sworn and Homage renewed to the King through all England. He took upon him the Cross. intending to secure himself for the future, caused Fealty to be Sworn, and Homages to be renewed through all England to himself alone, against all men. And that he might the better provide for himself, on Candlemass day he took upon him the Cross, (timore potiùs quam Devotione) out of Fear rather than Devotion, That he might be more safe under the protection of it. In Easter Week, [3] Ibid. n. 50 The great men me●t at Stanford. The great men met a Stanford with Horse and Arms, and had drawn into their party almost all the Nobility of England, who made up a very great Army, in which there were numbered two thousand Knights, besides other Horsemen, and Foot, armed with divers Weapons. The [4] Ibid. f. 254. lin. 1. The names of the chief Conspirators. Chief of the Presumption and Incendiaries, (fuerunt autem principes presumptionis & incentores) were Robert Fitz-Walter, Eustathius de Vesci, Richard de Percy, Robert de Ros, Peter de Bruis, Nicholas de Stutevil, Saher Earl of Winchester, Robert Earl of Clare, Roger Earl Bigod, William de Mumbray alias Mowbray, Roger de Creissy, Ranulph Fitz- Robert, Robert de Ver, Fulk Fitz-Warin, William Mallet, William Montacute, William de Beauchamp, S. the Rhyme, William Marshal the Younger, William Manduit, Roger the Mont-Begon, john Fitz-Robert, john Fitz-Alan, G. de Laval, O. Fitz-Alan, W. de Hobrug, O. de Vallibus alias Vaus, G. de Gant, Mauritius de Gant, R. de Braleste, R. de Montfichet, William de Lanvalei, Geoffrey de Mande●● Earl of Essex, William his Brother, William de Huntingfield, Robert de Gresley, G. Constable of Meurum, Alexander de Pointun, Peter Fitz-Iohn, Alexander de Sutum, Osbert de Bovi, Stephen Archbishop of Canturbury the head of the Conspiracy. john Constable of Chester, Thomas de Muletun, Conanus Fitz-Ely, and many others, who Conspired together, and Confederated under their Head Stephan Archbishop of Canturbury (isti communes Con●urati & Confederati, Stephanum Cantuariensem Archiepiscopum * Ibid. n. 10. Capitalem Consentaneum habuerunt. At this [5] Ibid. n. 10, 20. time the King was at Oxford expecting the coming of the great men. On Monday after Easter they Rendezvouzed at Brackley in Northamptonshire. To whom he sent the Archbishop of Canturbury, and William Marshal Earl of Pembroke with other wise men, To know what Liberties and Laws they were they desired; A Schedule of the Laws and Liberties they desired, delivered to the King. He refused to grant then. and they delivered unto them a Schedule or Writing, (nunciis Schedulam p●rrexerunt) which for the most part contained the ancient Customs of the Kingdom. Affirming that if the King would not forthwith Grant and Confirm them under Seal, they would compel him, by Seizing his Castles, Lands and Possessions. They Returned to the King with the Schedule, and read to him all the Articles contained in it; which when the King heard, he in Fury asked, Why the Barons with unjust Exactions did not Demand the Kingdom? They are vain things (saith he) and without Foundation, and then affirmed with an Oath, He would never Grant such Liberties as would make him a Servant or Slave. When [6] Ibid. n 30. The great men choose Robert Fitz-Walter their General. the Archbishop, and William Marshal, could not bring the King to consent to the Baron's Demands; By his Command they returned to them, and gave them an account what he had said; And the great men thereupon chose Robert Fitz-Walter their General, calling him, The Marshal of the Army of God, and of Holy Church, (Apellantes eum Mareschallum Exercitus Dei & Ec●lesiae Sanctae;) They Marched to Northampton, and Besieged that Castle fifteen days without Success, and then raised the Siege, and went to Bedford Castle, where they were kindly received by William Beuchamp. Hither [7] Ibid. 40, 50. The Londoners invite them to take possession of their City. came to them Messengers from the City of London, secretly showing them, that if they would possess themselves of the City of London, they must make haste; Forthwith they March to Ware, and from thence march all night to London, and on the 24th of May, early in the Morning, and in the time of Mass, without Noise entered the City, by the favour of the Rich citizens, the poor not daring to speak against it. The Barons [8] Ibid. n. 50. having thus possessed themselves of London, after they had placed their own Guards upon every Gate, and taken security of the citizens, Disposed of all things in the City as they pleased; They sent their Letters to the Earls, Barons, and Knights, that really or seemingly adhered to the King, exhorting them with Threats, [9] Ib. f. 255. lin. 1. & n. 10. The Barons exhort all to desert the King. They threaten to ruin all that shall adhere to him. That if they would not Desert the perjured King, and faithfully close with them in asserting their Liberties, they would proceed against them as Public Enemies, beat down their Castles, burn their Houses, and destroy their Warrens, Parks, and Hortyards. Those who had not yet Sworn the Liberties were William Marshal Earl of Pembroke, Ranulph Earl of Chester, William Earl of Salisbury, William Earl Waren, William Earl of Albemarl, H Earl of Cornwall, William de Albeney, Robert de Vipont, Peter Fitz-Hubert, Brien de Lis●e, G. de Luci, G. de Furnival, Thomas Basset, Henry de Braibroke, john de Bassinghorn, William de Cantilupe, Hen. de Cornbusse, john Fitz-Hugh, Hugh de Nevile, Philip de Albiney, john Marshal, William Bruwer. The most of whom upon the Command of the Barons left the King, went to London and Confederated with them. The King [1] Ibid. n. 20, 30. The King promised to grant the Liberties they desired. seeing himself Deserted, and fearing they would Seize his Castles, sent William Earl of Pembr●ke, and other faithful Messengers to them, to let them know he would Grant them the Laws and Liberties they Desired. And sent to them also to appoint a day and place for a meeting to prosecute this affair. The Barons (immenso Gaudio recreati, statuerunt Regi Diem ut veniret contra eos ad Colloquium in pratum inter Stanes & Windleshores situm, Decimo quinto die Junii) being Transported with great Joy, A. D. 1215.17 Johannis Regis. appointed the King a Day to meet them at a Conference in a Meadow between Stanes and Windsor, upon the 15th of June. The King and great men [2] Ibid. n. 40. He met the Barons at the Day appointed. met at the Day and place appointed, and each side being by themselves, they began to Treat of Peace and the Liberties aforesaid. There were of the King's party in Appearance (Fuerunt autem Quasi ex parte Regis) Stephan Archbishop of Canturbury, Henry Archbishop of Dublin, William Bishop of London, Peter Bishop of Winchester, Hugh Bishop of Lincoln, jocelin Bishop of bath, Walter Bishop of Worcester, William Bishop of Coventry, and Benedict Bishop of Rochester, Master Pandulph the Pope's Old Servant, and Brother Almaric Master of the Militia of th● Temple in England, with the following Noble men, William Marschal Earl of Pembroke, the Earls of Salisbury, Waren and Arundel, Alan of Galaway, W. Fitz-Gerold, Peter Fitz-Herbert, Thomas Basset, Matthew Fitz-Herbert, Alan Basset, Hugh de Nevile, Hubert de Bur● Seneschal of Poictou, Robert de Ropeley, john Marshal, Philip de Albiney. Those of the Baron's [3] Ibidem. & n. 50. party were so many of the Nobility as they were not easily numbered, and therefore at Length, the King perceiving his Forces to be inferior to those of the Barons, without difficutly Granted the Laws and Liberties in two Charters, because they were so [4] Ibidem. f. 259. n. 30. He granted them two Charters of Liberties. many they could not be contained in one Schedule: The first of them was called Charta Communium Libertta●um, or Magna Charta, The Charter of Liberties, or the Great Charter: The Second was called Charta Forestae, The Charter of the Liberties and Customs of the Forest, and are both to be found in the [5] Append. n. 112, 113. Appendix turned into English. Before the making of this Charter of Common Liberties (as it was called) on the fifteenth of January in the 16th of this King, he [6] Append. n. 114. He granted the Clergy liberty to Elect their Prelates. Granted the Freedom of Elections to Bishoprics and Abbies, to all Cathedral and Conventual Churches to choose their Prelates great and small, without his Nomination or Recomendation of such as were faithful to him, etc. contrary to the usage of his Predecessors and procured the Pope's [7] Append. n. 115. And to go beyond Sea when they pleased. Confirmation of it, which Grant is particularly confirmed by the first Article of this Charter. The Clergy also by this Charter obtained Liberty under general Words, to departed beyond the Seas, and go and Return at their pleasure, which was a great advantage to them in all their Negotiations against the King, before which time they could not Departed without his Licence. There was also inserted into this Charter, an Article, That no Ecclesiastic person should be Amerced according to the Quantity or Value of their Benefices, but only according to his Lay-Tenement or Possession, of which they seldom had any: This Article was much to the Advantage of the Clergy; for by this means, they had a freedom and immunity, for the perpetration of all Penal and Pecuniary Crimes. From the further [8] Append. n. 16. Twenty five Barons to be chosen to see the Peace and Liberties kept. Establishment of these Charters and greater security of the Barons, The King yielded that they should Choose twenty five Barons, who should cause the peace and Liberties he had Granted to be Conserved, and so as if he, or his justiciary, broke any of the Articles, and their fault was Discovered to four of the twenty five Barons, those four should come to them and demand amends, which if not made within forty Days, they should inform the twenty five, and they with the Community of the whole Land, should force them by taking of their Castles, Lands and Possessions, or any other ways they could, until they gave satisfaction according to their Judgements, saving the persons of himself, Queen and Children, and whoever would Swear to obey the Barons in the Execution of these things might, nay that he would Command them to do it. If all the Barons could not Agree, or all upon Summons could not, or would not appear, what the Major part did was to be firm and allowed. He bond himself also that he would obtain nothing whereby any of the Liberties or Concessions should be Revoked and Diminished, and that if any such thing were obtained, it should be void, and that he would not use it, and then pardons all his men, or Feudataries, Clercs and Laics. And the better to enable them to do this, the four Castellans or Governors of the Castles of Northampton, Kenelworth, Nottingham and Scarburgh should be Sworn to the twenty five Barons, to do with those Castles what they or the greater part of them Commanded, and that there should always be such Governors placed in those Castles, as were faithful or well affected and would keep their Oaths. And then he firmly Commands, That the English Church should be free, That all men or Feudataries of the Kingdom or Secular Government should have and hold all the Liberties, Laws and Customs, contained in the Charters, Well and in Peace, Freely and Quietly, fully and wholly to them and their Heirs, of him and his Heirs in all things and places for ever; And he and the Barons Swore to the Observation of them, of all these matters, without fraud or Deceit; and this Grant was Signed with his own hand, in the Meadow between Stanes and Windsor, on the same day the Great Charter, and Charter of the Forest were Granted and Confirmed, That is, on the 15th of June in the 17th year of his Reign. The five and twenty [9] Mat. Paris f. 262. n. 10. The names of the twenty five Barons. Elected Barons were these, The Earl of Clare, the Earl of Albemarle, the Earl of Gloucester, the Earl of Winchester, the Earl of Hereford, Earl Roger of Norfolk and Suffolk, Earl Robert of Oxford, the Earl Marshal the Younger, or William Marshal the Younger, Robert Fitz-Walter Senior, Gilbert de Clare, Eustachius de Vescy, Hugo Bigod, Willielmus de Munbray alias Mowbray, the Mayor of London, Gilbert de La-Val, Robert de Ros, the Constable of Chester, Richard de Perci, john Fitz-Robert, William Malet, Geoffrey de Say, Roger de Munbray, William de Huntingfield, Richard de Munfichet, William de Albeney. [1] Ibid. They Swear to Compel the King to keep the Peace and agreement. These five and Twenty Barons Swore by the King's order, (Isti viginti quinque Barones Juraverunt, Rege hoc Disponente) That in every Instance, they would obey their Orders and Directions, and would Compel the King, if perchance he should Repent him of these things. On the 18th of June the [2] Append. n. 117. A. D. 1215. 17 Johan. Regis. same year, the King by his Writ Dated at Runemed Directed to Stephan Harengod, let him know, That a firm Peace was there made, between him and his Barons, (inter nos & Barones nostros) on Friday next after the Feast of Holy Trinity, so as he had received their Homages, and therefore Commanded him to do no injury to his Barons, or others, by Reason of the Discord between them. And further Commanded him, that so much of the Fines and Penalties set by reason of that Discord which remained unpaid should not be Levid, and if any thing had been taken after that Friday, it was to be restored. He was also to release all Prisoners and Hostages, taken and detained by reason of the War. On the 19th of the same Month, [3] Append. n. 118. He gives notice to all Sheriffs and other Officers of the Peace, and Commands them to cause all within their Jurisdiction to Swear to be obedient to the 25 Barons. He also Commanded 12 Knights to be chosen in every County to inquire of Evil Customs, etc. by his Writ dated at the same place, he signified to all Sheriffs, Foresters, Wareners, Keepers of Rivers, and his other Bailiffs or Officers, That there was a firm Peace made between him, the Barons, and Freemen of his Kingdom, (inter nos, & Barones, & liberos homines Regni nostri) as appeared by his Charter, which he Commanded publicly to be read in his Bailiwicks, Willing and straight Charging the Sheriff, That he should cause all of his Bayliwic according to the form of the Charter to Swear to the five and twenty Barons or their Attorneys constituted by their Letters Patents, at such Day and time as they should appoint, and also Willed and Commanded, That Twelve Knights should be chosen in every County, at the next County, i. e. County Court, which should be holden after the receipt of these Letters, To inquire of the Evil Customs or Practices of Sheriffs, and their Ministers of Forests and Foresters, Warens and Wareners, of Rivers or River-banks, and their Keepers, or Tribute gatherers towards the Repairs of Bridges and Banks, and to extirpate them. After this, on the 27th of the same Month from Winchester he Directs his Writ particularly to the [4] Append. n. 119. Such as refused to Swear to obey the 25 Barons to be imprisoned, and to have their Lands and Goods seized. Sheriff of Warwicshire, and the 12 Knights there Elected, to Inquire after, and root out all Evil Customs and Practices of the Sheriffs, and their Officers, of Forests and Foresters, Warens and Wareners, Rivers and their Keepers, Commanding them, That without delay they Seize the Lands, Tenements, and Chattels, of all those in the County of Warwic which refused to Swear to the twenty five Barons or their Attorneys, and to detain them until they did Swear. And this was Established by the Archbishop of Canturbury, and Barons of this Kingdom. And as he had been forced to these things, so he for the performance of them, was Compelled to Engage and put into their possession the [5] Append. n. 120. The King gives Caution for the observation of such things as the 25 Barons exacted of him. City and Tower of London, and Covenant with Robert Fitz-Walter Marshal of the Army of God, and of Holy Church in England, Richard Earl of Clare, Geoffrey Earl of Essex and Gloucester, Roger Bigod Earl of Norfolk and Suffolk, Saher Earl of Win●hester, Robert Earl of Oxford, H. Earl of Hereford, and the Barons following, William Marshal the younger, Eustace de Vescy, William de Mobray, john Fitz-Robert, Roger de Mont-Begon, William de Lanvalay, and other Earls and Barons, and Freemen of the whole Kingdom. That they should hold the City of London of the Livery of the King, until the 15th of August that year; saving to him his Farms, Rents, and Clear Debts. And that the Archbishop of Canturbury, should hold the Tower in like Manner, for the same Term: Saving to the City 'tis Liberties, and Free Customs, and saving to every one his right in the Guard of the Tower of London and so as the King should not put in Ammunition or New Forces into the City or Tower in the mean time. And further that within the said Term, Oaths should be made through all England to the 25 Barons or their Attorneys, according to the Writs for Choosing Twelve Knights in every County to Destroy evil Customs, etc. And also that all things which the Earls, Barons, and other Free Men do require of the King, which he says aught to be restored, or which ought by the Judgement of the Twenty Five Barons, or Greater Part of them, to be restored, shall be restored, and if these things were done, or the King hindered not the Doing of them within the said Term, than the City and Tower of London were to be Re-delivered to him, etc. And if they were not done, or the King hindered the doing of them, than the Barons should hold the City, and the Archbishop the Tower until the Covenants were performed, and in the mean time all on both parts to repossess, their Lands, Castles, and Towns, which they had in the Beginning of the War between the King and Barons. On the 27th of June by his Writ Directed to the Sheriff of Warwic we find King john at Winchester from whence he passed privately to the Isle of [6] Mat. Paris▪ f. 264▪ n. 40. King John goes into the Isle of Wight. Wight, where considering how to free himself from the Fetters of the Barons, the Hardships they had put upon him, and how he might make himself King again, [7] Ibidem. Sends to the Pope to void his Engagements, and what the Barons had done. And sends beyond Sea for Forces. He sent Pandulph with others to the Pope, that he might by his Apostolic Authority make void, what the Barons had done and Frustate their Design. He also sent Walter Bishop of Worcester and Chancellor of England, john Bishop of Norwich, Richard de Marisco, or Marsh, William Gernon, and Hugh de Boves, to all the Transmarine Neighbour Nations, with his Seal, to procure Military assistance, [8] Ibid. f. 265 lin. 1. etc. promising such as would Arm themselves for him, possessions and Money good Store; And for the greater Credit, if it were needful, they might make Charts to such as were Willing to come, for their Greater security, and their Military Stipends, and appointed them to meet him at Dover on Michaelmass Day with as many as they could bring over [9] Ibidem, lin. 4. etc. he sent also to all his Castellans or Governors of his Castles to Fortify, Man, and Victual them, as if they were to be immediately besieged; and endeavoured to make the Seamen of the Five-Ports of his Party, and Friends. In the mean time [1] Ibidem, f. 265. n. 20. the Barons which were in London thinking their Work completed, appointed to meet at a Torneament, or Trial of Feats at Arms, at Stanford. Whereupon Robert Fitz-Walter, and other Great Men, wrote to William de Albeney, what great conveniency it was to them all, to keep in the City of [2] Append. n. 121. London the Receptacle of the Barons. The Torneament which was to be at Stanford put off; and to be holden upon Hounslo-●eath. London which was their Receptacle, and what disgrace and damage it would be to them, if by their negligence it should be lost, etc. And therefore by Common Council they deferred the justs which were to be at Stanford on the Monday after the Feast of Peter and Paul the Apostles, (i. e. the 29th of June) until Monday after the Octaves of that Feast: And that they should be holden upon the Heath between Stanes and Hounslawe; and this they did for the security of themselves and City. And therefore they sent to, and required them diligently, That they should come so well provided with Horse and Arms to the Tilting, as they might receive Honour: And he that behaved himself best, should have the Bear a Lady would send thither. At the same time Mat. Paris. f. 265. n. 40, 50. & f. 266. lin. 1. etc. The King by his Messengers complains to the Pope of the hard usage of the Barons. the Messengers of the King appeared before the Pope complaining of the Barons, what affronts and injuries they had done to, and Rebellions they had raised against him. Exacting from him such Wicked Laws and Liberties as were not fit for his Royal Dignity to Grant. (Exigentes ab eo quasdam Leges & Libertates iniquas, Quas Regiam Dignitatem non Decuit Confirmare.) And that after the Discord between them, when the King and Barons often met to Treat of Peace, he publicly protested before them, That the Kingdom of England in Respect of Dominion belonged to the Roman Church, and That without the Pope's Consent he could ordain nothing New, or Change any thing in his Kingdom to his Prejudice. And Therefore by Appealing put himself, And puts himself under his Protection. and all the Rights of his Kingdom under the Protection of the Apostolic See. That the Barons taking no notice of the Appeal, were then in Possession of the City of London Delivered to them by Treason, and then armed themselves, and Exacted the foresaid Liberties; and the King fearing their force, dare not deny what they required. And then they delivered the Articles of the Charter in Writing to the Pope, which when he Diligently perused, he Knit his Brows and said, What do the Barons of England endeavour to Dethrone a King that hath taken upon him the Croysado, and is under the protection of the Apostolic See, and to Transfer the Dominion of the Roman Church to another? By St. Peter this Injury we cannot pass by unpunished. And Deliberating with the Cardinals, Damned and Cassated for ever by a Definitive Sentence, The Pope makes void the Charter of Liberties. the Charter of Liberties so often mentioned, and sent the Bull which Contained the Sentence to the King: But before we speak further of it, ' its necessary to take notice of some Precedent Records which it refers to, not to be found in the Historians. After the Barons had appeared in a Warlike Posture before the King at Christmas (as hath been related) and made their Demands of the Liberties, they required of him. He gave the Pope Notice of it, who upon the 19th of March following [4] Append. n. 122, 123. The Pope chargeth the Barons for raising new Questions and Controversies; and exhorts them not to enter into Conspiracies against the King, but to behave themselves dutifully towards him. wrote to the Archbishop, and his Suffragans, or the Bishops of his Province, and the Barons, that they raised new Questions and Controversies against the King, such as were not heard of in the time of his Father or Brother: That they should not enter into Conspiracies against him, but humbly and Dutifully apply themselves to him, and perform their accustomed Services, which were Due, and had been performed by their Predecessors, to him, and his Predecessors. Upon which he would enjoin him, upon the Remission of his sins, To deal Mildly with his Nobles, and admit their Just Petitions. On the 10th of May next following, He Published a [5] Append. n. 124. Declaration, That he would not take the Barons or their Men, That is, their Tenants, nor Disseise them, nor pass upon them by force and Arms, But by the Law of the Land, and Judgement of their Pears in his Court, The King offers to refer the Differences between him and the Barons. while Things should be Determined, by Four to be chosen on his part, and four by the Barons, and the Pope to be Umpire, and for the Performance of this he offered as Security, the Bishops of London, Worcester, Chester, Rochester, and William Earl Waren. On the 29th of May following King john [6] Append. n. 125. The Archbishop and his Suffragans neglect the Pope's Commands. The Barons refuse to hear what he wrote. King John claims the Privilege of the Cross, and refers himself to the Pope's Discretion. wrote to the Pope that the Archbishop of Canturbury and his Suctragans had neglected his Commands, and that the great men and Barons altogether refused to hear what he wrote. And attending what the Barons said, He replied to them, That England was the Patrimony of St. Peter, and that he held it, as the Patrimony of St. Peter, the Church of Rome and the Pope, and had taken upon him the Crusado, and required the Privilege of such who had taken upon them that Expedition: And after having recounted the Effects of his Former Offers to the Barons and Bishops, upon which he could obtain no Remedy, he Refers himself to the Pope's Discretion to relieve him. Upon the Consideration of all these Offers, Declarations, Matters and Things, and the Recapitulation, and brief Mention of them in his [7] Append n. 126. The Pope by consent of the Cardinals Damns the Charter of Liberties. Bull, and the Information of King John's Messengers lately sent to him, the Pope by the Common Consent of the Cardinals, Damns the Charter of Liberties, and all obligations and Cautions, which he had given and entered into for the performance of it, and Declares them Null and void. By [8] Append. n. 127. The Pope writes to the Barons, and chargeth them with evil Practices against the King. Letters of the same date with this Bull, (viz. Aug. 24. 1215.) the Pope wrote to the Barons, They had not well considered their Oath of Fidelity, when they rashly persecuted their Lord the King. That all men Detested their proceed, especially in such a cause where they made themselves, both parties and Judges; When the King was ready to do them Justice by their Peers in his Court, according to the Laws and Customs of the Kingdom or to proceed by arbitrators chosen on both sides, with a Reference to him, if they agreed not. And therefore commands them to Renounce that unlawful and unjust Composition they had extorted from him, by fear and force, and satisfy him and such as adhered to him for the Injuries they had done them. That by this means, the King might be induced to Grant whatsoever of right aught to be granted to them. And further adviseth them to send their procurators, or Deputies to the next General Council which he intended suddenly to call about the Business of the Cross, where would be the Archbishop and other English Bishops, and there Commit themselves to his good pleasure, who by the Favour and God intended so to Determine things as to do away all oppressions and Abuses in the Kingdom, that so the King being Content with his own Right and Honour, the whole Clergy and Laity might rejoice in their Just Repose and Liberty. The Pope's Letters or Mediation prevailed not with the Barons; they [9] Mat. Paris, f. 268. n. 10. The Pope's Letters prevail not upon the Barons. They consult how to secure London, and make William de Albiney Governor of Rochester-Castle. pursued what they had undertaken, and sent for William de Albiney a stout man, and experienced Soldier several Times before he came; at last upon a Chiding Letter, having secured the Castle of Belvoir, or Beauvoir, he came to them to London, where he was received with great Joy by the Barons; who immediately consulting how to secure the City of London from being besieged by the King, and shutting up all passages to it, raised a considerable Force, and put them with William de Albiney into Rochester Castle whereof he was made Governor. But before they had provided for their Defence so well as they intended, the King after three Months stay in the [1] Ibid. n. 30. Isle of Wight was Sailed from thence to Dover, where he met his Messengers or Commissioners he had sent beyond Sea, with Forces from Poictou, The King with forces from beyond Sea besiegeth Rochester Castle The Barons offer to relieve it. Gascony, Brabant, and Flanders, with which he Besieged the Castle of Rochester. The Barons had Sworn to William de Albiney, That it the Castle should happen to be besieged, they would use their utmost endeavours to Relieve it; they Marched as far as Dartford, and then retreated to London. They within Defended the place with great Courage and Resolution, and at last after almost three Months, were forced to yield without Conditions for want of Victuals; It yields for want of Victuals. The Siege was very Expensive to the King and many of his Men were slain in it, for which reasons he would have hanged all the Noble Men or Knights had it not been for the persuasion of Savaric de Malo Leone, and some others, who told him the War might prove long, and some of his own Knights might be taken, and put to Death after the same manner. Whereupon he sent William de Albiney, The King Imprisons the persons of best Quality; W. de Lancaster, W. de Emeford, Thomas de Mulecon, Osbert Giffard, Osbert de Bonbi, Odinell de Albiney and others of the best Quality Prisoners to Corf Castle, and others to Divers other Prisons, all the Ordinary Men, but the Cross Bowmen, And Hanged the Ordinary Soldiers. he caused to be Hanged. The Pope upon notice [2] Ibid. n. 40. That the Barons persisted in the persecution of the King [3] Append. n. 128. The Pope Excommunicates the Barons. Excommunicated them, and Committed the Execution of the Sentence to Peter Bishop of Winchester, the Abbot of Reding, and Pandulph Sub-Deacon of the Roman Church, in which Brief of Excommunication he enjoined the Archbishop, and Bishops by virtue of their Obedience, That they should cause the Sentece to be Published every Lord's Day, and Holy Day, with Ringing of Bells, and Lightning of Candles, throughout all England, while the Barons fatisfyed the King for the Injuries done to him, and returned to their Obedience. The Bishop of [4] Paris f. 271. n. 50. Winchester and Pandulph personally attended the Archbishop of Canturbury, and in the Name of the Pope Commanded him to Direct the Bishops of his Province, to Publish this Sentence against the Barons: He was ready to take Ship to go to the Council at Rome, and desired Respite until he spoke with the Pope; affirming, The Archbishop suspended for Disobedience to the Pope. the Sentence had been obtained, by Concealing Truth, and therefore he should by no means Publish it, until by Discourse with the Pope, he Knew his Mind concerning it. [5] Ibid. f. 272. lin. 2. The Barons declared Excommunicated. They value not the Sentence because not named particularly. These two when they found the Archbishop Disobedient to the Pope's Command suspended, him from entering the Church and Celebrating Divine Service, and then the Bishop of Winchester Declared all the Barons that had endeavoured to Drive the King out of the Kingdom Excommunitate, and continued to do so every Lord's Day and Festival. But they because not Named in the Pope's Brief valued not the Sentence, Reputing it Null and Void. In [6] Ibid. n. 10. A. D. 1215. The King's Procurators appear against the Archbishop November following the Great Council before mentioned was held at Rome, in which the Procurators or Commissioners of King John, the [7] Ibid. fol. 273. n. 20. in the great Council at Rome. They accuse him with holding Correspondency with the Barons, etc. Abbot of Beaulieu, and Thomas de Huntingdon, and Godfrey a● Craucomb Knights, appeared against Stephan Archbishop of Canturbury, and accused him of holding Correspondency with the Barons, and that by his Favour and Assistance they endeavoured to Dethrone the King: That when he received the Pope's commands to restrain the Barons from persecuting the King by Ecclesiastic Censures, Refusing to do it, he was suspended; confounded with these Accusations he answered nothing, but Desired to be absolved from his Suspension. To whom the [8] Ibid. n. 30. Pope in Anger replied by St. Peter, he should not easily obtain the Benefit of Absolution, that had done so many affronts, not only to the King of England, but also to the Roman Church; [9] Ibid. The suspension of the Archbishop confirmed by the Pope and Cardinals. and having held a Consultation with the Cardinals, they Subscribed, and he Confirmed the Sentence of Suspension against the Arcbishop, which was dated the 4th of November, and sent to all the Clercs and Laics of that Province, to let them know, they Ratified what the [1] Append. 11.129. A. D. 1215. Bishop of Winchester and Pandulph had done, commanding ready Obedience to it. The [2] Ibid. n. 50. Canons of York chose Simon Langton Brother to Stephan, Walter Grace Chosen Archbishop of York gives 10000 l. for his Pall. Archbishop of York, and presented him to the Pope for his Confirmation of the Election; But he voided it, and recommended to them Walter de Grace, whom they chose, and he at the Receipt of his Pall [3] Ibid. f. 174. lin. 4. obliged himself to Pay Ten Thousand Pound Sterling to the Court of Rome. The King having [4] Ibid. n. 10. The King causeth the Sentence against the Archbishop to be Published. notice of the Sentence against the Archbishop, went to the Monastery of St. Alban, and there caused it to be published, and from thence it was sent to all Cathedral and Conventual Churches through England to be Published. At this place the King [5] Ibid. n. 20.30. The King Divides his Army, raised two Armies, or Divided his former Army into two parts, with one he Marched Northward, with the other (under the Conduct of his Brother William Earl of Salisbury,) he endeavoured to restrain the Excursions of the Barons in London. The King with his Army Marched to Nottingham, and [6] Ibid. n 40. and Marcheth to Nottingham, and wastes the Baron's Estates. Their Castellans quit their Castles. sending several parties abroad, in his March wasted the Baron's Estates, Seized their Goods, and Burnt their Houses, imprisoned their Tenants, such as were found out of Churches and Church-Yards, and forced them to Redemption; the Baron's Castellans upon the Kings Approach every where left their Castles without Defence. William [7] Ibid. n. 50. The other part of his Army wasteth the Baron's Estates in the East and South. Earl of Salisbury and Falcasius de Brent with the Forces left under their command at St. Alban, after they had put very strong Garrisons into the Castles of Windsor, Hertford, and Berchamsted, to observe the Barons in the City of London, and to hinder People, and Victuals from going and being Carried into it, Marched into the Counties of Essex, Middlesex, Hertford, Cambrige and Huntingdon Shires, were they make the like [8] Ibid. f. 275. lin. 3. wastes upon the Baron's Estates as the King did Northward, and further destroyed their Parks and Warens, and cut down their Hortyards: The Garrison of [9] Ibid. n. 20. Tonebrige and Redford Castles surrendered. Rochester took the Castle of Tonebr●gge, and Falcasius de Brent the Castle of Bedford. At [1] Ibid. n. 20. A. D. 1216. Christmas the King was at Nottingham, and on the Day after he sent and summoned Belvoir Castle, The King takes Belvoir Castle. threatening to put William de Albiney the Lord thereof to Death, if it were not forthwith Surrendered without Capitulation; The Governors of it for the safety of their Lord carried [2] Ibid. n. 30.40. the Keys of it to the King, who took possession of it on St. John's Day, and Gave his Letters Patents of indemnity, and for the enjoyment of all their Goods, to all That were in it. Yet notwithstanding, this Monk (who is always very Bitter and sharp against King John) [3] Ibid. f. 276▪ lin. 5. and n. 10. Brands him and his Followers (whom he calls, the Soldiers of Satan, Sons of Belial, and ministers of the Devil) with the most Inhuman Barbarous Cruelties that ever were heard of unless in this Historian. He reports they took Priests from the Altars with Crosses, and the Lords Body in their Hands, Tortured, King John charged with inhuman Cruelties by Mat. Paris. Rob and wounded them; That to extort Money from Knights, and men of all Conditions, they hanged them up by their Reins and Privities, others by their Legs and Feet, some by their Arms, Hands and Thumbs, spitting into their Eyes Salt mixed with Vinegar; others they laid upon Trivits, and Grid-Irons over burning Coals, and then put their Broiled Bodies into Water under Ice to Cool them. While the Barons lay [4] Ibid. n. 30.40. The King gets possession of the Baron's Castles and Estates. still the King got possession of almost all their Castles and Estates, from the South Sea to the Scottish Sea; all the Castles and Lands between the River Tiese and Scotland, he committed to Hugh Bailiol and * Pat. 18. Johan. M. 7. Dor. n. 66. Philip de Hulecotes, and left Soldiers sufficient to Defend that Country. The Castles and Land● in Yorkshire, were committed to Robert de Veteri ponte, or V●pont, (i. e. at the Old Bridge) Brien de Lisle, and Geofry de Luci, with armed Men sufficient to Defend them. To William Earl of Albemarle he gave the Castles of Rockingham and Bitham, to Faulx de Brent he gave the Custody of the Castles of Oxford, Northampton, Bedford, and Cambridge, and the Castle of Hertford he committed to Walter de Codardvill a Knight and Reteiner of Faulx, and to Ranulph the Germane the Castle of Berchamstede; With command to them all, as they loved their Bodies, and all they had, That they should destroy all things that belonged to the Barons, their Castles, Houses, Towns, Parks, Warrens, Ponds, Mills, Hortyards, etc. From the North parts the [5] Ibid. The King takes Berwick. King went into Scotland, and took Berwick and other places, which were then thought invincible, and from thence he marched Southwards, and left behind him only the Castle of Montsorrel, and another belonging to Robert de Ros in Yorkshire, in the Power of the Barons, and so marching by the [6] Ibid. n. 50. Borders of Wales he took in many of his Enemy's Castles, Demolishing some, and fortifying others. The [7] Ibid. & f. 277. lin. 1. The Pope Excommunicated the Chi●fell of the Barons by name, etc. Pope having notice from the King that the Barons valued not his General Excommunication of them, Excommunicated the chiefest of them by name, and committed the Execution of his Brief to the Abbot of A●●ndune, the Archdeacon of Poictou, and Master Robert Official of Norwich, [8] Append. n. 130. by which he Excommunicated and Anathematised all the Barons with their assistants, and Favourers, which persecuted the illustrious King John of England, Vassal to the Church of Rome, and Furthermore he Excommunicated, and Anathematised all those, who helped them to invade and possesss the Kingdom, or hindered any persons from going to, and assisting the King, He excommunicated the citizens of London. And put the City under Interdict. and put all the Baron's Lands under interdict; he also Excommunicates the citizens of London that were principal Actors against the King, and one and Thirty others by name and their Accomplices, and puts the City of London under Ecclesiastic Interdict, and all this without Remedy of Appeal. This Brief bears Date the 17th of the Kalends of January (i. e.) December 16th 1215. The [9] Append. n. 131. Cathedral and Conventual Churches enjoined to Declare and publish the excommunication against the Barons. Commissioners upon the Receipt of the Brief, writ to all Cathedral and Conventual Churches, enjoining them to Publish this Brief of Excommunication against the Barons, and to order it to be Published in the Parish Churches within their several Jurisdictions upon Lords Days, and Festivals, and enjoined them to Publish thirty other Barons by name excommunicate, which were contained in the Sentence drawn up by Peter Bishop of Winchester, Pandulph, and the Abbot of Reding. Upon the Publication of this Brief, only the [1] Mat. Paris. f. 278. lin. 7. and n. 10. The City of London Contumacious. City of London stood Contumacious and Despised it, so as the Barons resolved not to observe it, nor the Bishops to urge it, for that it was generally said the Briefs were obtained by false Suggestions, and therefore of no moment, and for that especially, it belonged not to the Pope, to Direct and Govern in Lay-Matters, when as the Power and Disposition of Eccclesiastic affairs only was Collated by God to Peter the Apostle, and his Successors; how came the insatiable Covetousness of the Romans to extend itself to them? (said they) how to our Apostolic Bishops, our Barons and Knights? behold the Successors of Constantine not Peter, they do not the Works of Peter, nor are they to be alike to him in Power. About the same Time, [2] Ibid. n. 20.30 The Isle of Ely taken and plundered. Walter Buuk with his Brabanters entered the Isle of Ely, by Audrey Causeway. (Walterus Buuk cum Brabantiis suis versus [*⁎*] This Herebie, that is, the Army-Habitation, or abiding place, was the Old Fortification; where part of the Conqueror's Army lay at the end of Audrey Causeway against the Isle of Ely, now called by the Country people Belsars' Hills. Herehie Elyensemintrans Insulam.) While William Earl of Salisbury, Faulx, and Sabari● de Malo Leone passing over the Ice entered it on the contrary side, by Stuntney Bridge, and wasted and plundered the whole; many that fled thither as to a place of Safety were taken and put to Ransom, the Cathedral was redeemed from fire, by the Prior for the sum of an Hundred and Nine Marks of Silver. The Barons [3] Ibid. n. 40. and f. 279. lin. 8. The Barons choose Lewis Son to Philip King of France their King, being brought this low Condition, Consulted together, and resolved to choose some Potent Person for their King. They pitched upon Lewis Son to Philip King of France, because the foreign forces, which were King john's greatest strength came out of his Territories, so that he would be deprived of their assistance, and left as it were to their Mercy. This generally pleased them, and they [4[ Ibid. n. 20. sent Saher Earl of Winton, and Robert Fitz-Walter, to King Philip, and Lewis his Son, with Letters sealed with the Baron's Seals, earnestly Imploring the Father to send his Son to be King of England, and the Son that he would forthwith come, and be Crowned. The King of France having perused the Baron's letters, told their Commissioners, he should not send his Son, until for his greater security, and send 24 hostages for his Security. he should receive Twenty Four Hostages or Pleges of the most noble persons of the Kingdom. And the Barons having no other Remedy, sent to him so many Hostages, according to his own Will, [5] Ibid. n. 30. which so soon as Received, and put into Safe Custody, Lewis prepared for the Expedition he desired above all things, He sends forces before his own coming. A. D. 1216. and sent before him into England the Castellan of St. Omar, the Cas●llan of Arras, Hugh Chacun, Eustace de Nevil, Baldwin Breul, Giles de Melun, W. de Bellomonte or Beaumond, Giles de Hersi, Bise● de Fersi with a great Troup of Soldiers to encourage the Barons, who came up the Thames to London, and were received with great Joy on the Twenty seventh of February. About the same time [6] Ibid. n. 40. Stephan Archbishop of Canturbury having given Caution at Rome, that he would stand to the Judgement and Determination of the Pope, concerning the things before expressed, was absolved from the Sentence of Suspension, The Archbishop of Canturbury absolved. upon Condition he should not return into England, until there was a firm Peace Established between the King and Barons. At Easter [7] Ibid. The Abbot of Abbendon and his fellow Commissioners, finding the Contumacy of the Barons and City of London, (cum Contumaciam Baronum & Londinensis Civitatis Cognovissent) wrote to all the Conventual Churches of England, [8] Append. n. 132. The Dean of St. Martin's and several Chapters in London excommunicated. to Publish the Sentence of Excommunication against the Chapters of St. Paul's and St. Martin's, and G. Bo●land Dean of St. Martin's, and the Convent of Holy Trinity, for their Contempt to the Pope in not publishing the Sentence against the persecutors of King John, and also Commanded them to Excommunicate the Castellan of St. Omar with all his Company that came to invade, and possess the Kingdom of England, together with all Canons and Clercs within the City, under Danger of falling into the Pope's displeasure. This [9] Mat. Paris f. 245. n. to. The Description of the Pope. Monk is very Sharp upon the Pope, concerning these Excommunications, and saith, that King john knew, and had learned by much experience, That he was ambitious and proud above all Mortals, and insatiably thirsty after Money, and prone and Flexible towards all Mischief and wickedness, for Rewards either received or promised: (Noverat autem Rex & multiplici didicerat experientia, Quod Papa super omnes Mortales ambitiosus erat & superbus, pecuniaeque si●or insatiabilis; & ad omnia scelera pro praemiis datis vel promissis Ceream & Proclivum.); And therefore sent Messengers to him, who carried with them a great Sum of Money and promised a greater, and engaged he should become his Tributary Subject, if he would find an occasion to Confound the Archbishop of Canturbury, and to Excommunicate the Barons, which formerly he had Cherished and Encouraged. The Barons [1] Append. N. 133. Prince Lewis incour●geth the Barons. for their better encouragement, received Letters of Thanks from Prince Lewis, for their stout behaviour in his caus●, with an exhortation to them to proceed in the same course, and a promise that he would be suddenly with them. In the mean while the Pope sent [2] Mat. Par. f. 280 n. 30. The Pope sends his Legate to dissuade the King of France from permitting h● Son to invade England. Wal● or Gualo his Legate into France to prevent the expedition of Lewis into England, who delivered to King Philip his Letters, by which he endeavoured to persuade him, not to permit his Son to invade England, nor Disturb the King thereof, but to protect, Defend and Love him as a Vass● of the Roman Church; The Dominion of whose Kingdom belonged unto it. To which the [3] Ibid. n. 40 The King of France his Answer to the Pope. King of France hastily answered, That the Kingdom of England never was, nor is, nor ever shall be the Patrimony of Peter; for King john several years since, endeavoured to Dethrone his Brother Richard, for which he was accused of Treason, and Convicted in that King's Court, Hugh de Pudsey Bishop of Durham pronouncing the Sentence against him, and therefore he never was a ●rue King, nor could give his Kingdom. Also, if at any time he was a true King, since that he had been Condemned in his Court for the Death of his Nephew Arthur. Also that no King or Prince could give away their Kingdom without the Assent of their Barons who are bound to defend it. These were the Arguments of the King of France, to invalidate and null the Pope's Title. The next day [4] Ibid. n. 50 & f. 281. lin. 1. n. 10. The Pope● Legate dissuades the King of France a●d his Son from the Invasion of England. The King of France his Answer to him. by means of the King of France, Prince Lewis was present in the Conference, where the Legate began to persuade him, That he would not invade or possess England, the Patrimony of the Roman Church, and also applied himself to his Father according to the Effect of the Pope's Letters. To whom the King said, he always was much Devoted to the Pope, and the Roman Church, and always effectually promoted their affairs. Nor should his Son now by his advice or assistance attempt any thing against them▪ But if he Challenged any right to the Kingdom of England let him be heard, and what is just, Granted unto him. Upon which Word a [5] Ibid. n. 10. The Arguments of Prince Lewis against King John and the Pope. Knight stands up and Argues for Lewis against King john, and the Pope. 1st, That King john as before had Destroyed his Nephew Arthur with his own hands, and was therefore Condemned to Death by his Peers of France. 2. Afterwards for many Murders or Manslaughters (pro multis homicidis) and other Enormities Committed in England, he was by the Barons Rejected, and not suffered to Reign over them. 3. That without the Consent of his Barons he gave the Kingdom of England to the Pope and Church of Rome, to take it again, and hold it of them under the Annual Tribute of a Thousand Marks. 4. Although he could not give away the Crown of England without the Consent of the Barons, yet he might Quit it, and Renounce his Right, which so soon as he had done, and resigned, he Vnkinged himself, and the Kingdom was void, and the Vacancy of the Kingdom was not to be provided for without the Barons; His claim to England. whereupon they chose Lewis by reason of his Wife, whose * Alienor second Daughter to King Hen. 2. married to Alphonso King of Castle, was Mother to Blanch Lewis his Wife. Mother the Queen of Cast●le, was the only child living of all the Sons and Daughters of the King of England. These were the Arguments used by Lewis his Advocate, against the Titles of King John and the Pope. The Legate [6] Ibid. n. 20. The Pope's Legate pleads for King John. urged that King john was signed with the Cross (Cruse signatus erat) or had undertaken the Crusado, and therefore according to a Constitution of the General Council ought to be free from Disturbance for four years, and under the protection of the Apostolic See. Lewis his Advocate Answered, That King john before he was signed with the Cross, had made War upon him, taken his Castles, and wasted his Countries with Fire and Sword; and had taken many Knights and others which he then detained in Prison, and was then in actual War against his Master Lewis, and therefore the War he intended against him was just. The Legate [7] Ibid. n. 30. He is unsatisfied, not satisfied with his Reasons, forbade Lewis under pain of Excommunication to enter England, and his Father to permit him to do it. Lewis begged of his Father not to hinder his Design in prosecuting his Right; for that he resolved to hazard his Life to obtain the Inheritance of his Wife, and then departed from the Colloquium or Conference, [8] Ibid. n. 40 and leaves the Court of France. which the Legate observing, desired safe passage from the King of France to the Se●, which the King willingly granted through his own Lands, but would not undertake to secure him, if he should fall into the hands of his Son Lewis his friends, that Guarded the Sea: at which the Legate was Angry and departed from Court. Lewis [9] Ibid. Lewis receives his Father's Blessing, on the Morrow after St. Mark, went to his Father then at Mehun, and beseeched him with Tears not to hinder his Design. He gave him not his consent openly, but privately permitted him to go, and dismissed him with his Blessing. He sent his Envoyes to the Roman Court, to Declare to the Pope his right to the Kingdom of England. And [1] Ibid. n. 50. and goes with his Army for England. then with all Diligence Marched to Caleis with the Earls, Barons, Knights and others, that had Sworn to go with him in this Expedition, that he might come into England before the Legat. At that Port [2] Ibid. & f. 282. lin. 1. He Lands in the Isle of Thanet. A. D. 12●6. they found ready to receive them six Hundred Ships and Fourscore Clogs, which Eustace the Monk had gathered together. They Shipped themselves with all speed, and Landed in the Isle of Thanet upon the 21st of May. King John [3] Ibid. lin. 3. King John dare not hinder his Landing. at this time was at Dover with his Army which Consisted of Strangers, and therefore he dare not attempt to hinder the Landing of the French, lest his men should leave him, and go off to Lewis. From hence he marched, (leaving Hubert de Burgh Governor of the Castle) to Guildford, and from thence to Winchester. Lewis finding none [4] Ibid. n. 10. Lewis subdues Kent, that resisted, presently subdued all Kent but Dover Castle; in his March he took in Rochester Castle, and coming to London he was received by the Barons with all imaginable Demonstrations of Joy: is Joyfully received at London. The Barons do Homage and Fealty to him. And there he received the Homages and Fealty of all the Barons and citizens that were in Expectation of his coming, and he Swore to them upon the Holy Gospels, that he would give every one good Laws, and restore their lost Estates. When the [5] Append. n. 134. Peace was made between the King and Barons, at Runemead, the Barons promised they would give the King any security he should desire for the Observation of it; Except their Castles, and Pleges or Hostages. The King not long after Demanded of them Charts by which they were to acknowledge, The Barons break their promises with the King. they were bound by Oath and Homage, to keep Faith to him, for the preservation of his life and Limbs and Terrene Honour, against all men, and to preserve and Defend the Rights of him, and his heirs to the Kingdom, and they Refused to do it. When as Most of the same men without Summons, and others at the first notice came flocking in to Swear the same things to Lewis. For by the 14th of [6] Mat. Paris ut supra. Lewis sends to the King of Scots to come and do him Homage. June he had got Possession of so much of the Kingdom, as he had the Confidence to Summon the King of Scots, and all the Great Men of England to come and do him Homage, or forthwith to Departed the Nation, and with great speed upon his [7] Ibid. n. 20, And to the Barons. Several of them Desert King John. Edict, There came into him William Earl Waren, William Earl of Arundel, William Earl of Salisbury, William Marshal the Younger, and many others, who Deserted King john, with full assurance that Lewis would obtain the Kingdom of England. Who made [8] Ibid. Simon Langton is made Chancellor He preaches against the Interdict. Simon Langton his Chancellor, by whose Preaching the citizens of London, and all the Excommunicated Barons caused Divine Service to be Celebrated, and Drew in Lewis himself to consent to it. Gualo the Legate [9] Ibid. & n. 30. Gualo the Pope's Legate comes into England. He Excommunicates Lewis by name, etc. And Simon Langton. followed Lewis into England with all speed, and got safe to King john, who was then at Gloucester, and there calling together as many Bishops, Abbats, and Clercs, as he could, excommunicated by Name Lewis, with all his accomplices, and Favourers, and especially Simon de Langton, commanding all the Bishops and others to Publish the Sentence against them every Lord's Day and Festival. But Simon de Langton and Master Gervase de Hobrugge Preceptor of St. Paul's London, said they had Appealed, for the Right and Title of Lewis, and therefore the Sentence was null and void. At this Time [1] Ibidem. The Flemings, etc. leave King John. all the Knights and Ordinary Soldiers of Flanders and other Transmarine Countries left King john, except the Poictovins; some whereof went over to Lewis and others returned home. In the mean time [2] Ibid. n. 40. Lewis marcheth through Kent into Sussex. Lewis with a Great Army Marched through Kent into Sussex, and Reduced that Country, with its Towns and Fortresses and City of Winchester with the Castle; only one Brave Young Man, [3] Ibid. And subdues that Country. The Bravery of William de Colingeham. William de Colingeham, defied Lewis, and refused to Swear Fealty to him, who with a Thousand Archers, all the time of Hostility, kept himself in the Woods and Fastnesses of that Country, and Killed several Thousands of the French. Hugh de Nevil [4] Ibid. &. n. 50. Hugh Nevil Delivers Marleborough Castle to Lewis and did Homage to him. came to Lewis at Winchester, Delivered him the Castle of Malborough, and did Homage to him, so that he was possessed of all the South Parts of the Nation, except the Castles of Dover and Windsor, which were well Manned and fortified, and prepared to receive him. [5] Ibid. f. 283. lid. 1. Robert Fitz-Walter, etc. by force subdue Essex and Suffolk▪ William de Mandevil, Robert Fitz-Walter, and William de Huntingfield by Armed force brought under his Obedience the Counties of Essex and Suffolk. In the [6] Ibid. lin. 3. King John fortifies and strengthens his Castles in the West. mean time King john took care to Furnish and Strengthen as well as might be with Men, Victuals, and Arms, several Castles in the West, Walingford, Corf, Warham, Bristol, the Devises, and others. In the Midst of these Successes, Lewis received an Account from the [7] Ibid. n. 10. The Pope's Answer to Lewis his Messengers. Messengers he had sent to the Pope, that upon their Application to him and presenting his Salutation or Compliment, he told them, he was not worthy the return of his Salutation. They replied when his Holiness had heard his Reasons and Apology, they doubted not but he would find him a Catholic Christian and much Devoted to him and the Roman Church, and at length after many addresses [8] Append. 135. He is wavering in his Thoughts and favours between King John and Lewis. found him wavering, Pendulous, and Fluctuating in his stability and affection between himself and King john, having on both sides considered his Interest. The Reasons and Arguments presented to the Pope in behalf of Lewis by his Messengers were these. First, The [9] Mat. Paris fol. 283. n. 30.40. The weak Arguments and answers mutually propounded, and given between the Pope and Lewis his Envoyes, for and against him. Murder of Duke Arthur his Nephew as before, and King john's being adjuged to Death by his Peers for that fact. To which the Pope Answered, the Barons of France could not Judge him because he was an anointed King, and their Superior, and that it was against the Canons to Judge an absent Person, and not heard to make his Defence, not Convicted, or that had Confessed his Crime. To which the Envoyes of Lewis answered, It was a Custom in the Kingdom of France, that the King had all Jurisdiction whatsoever (omnimodam Jurisdictionem) over his Liege Men. That the King of England was his Liege Man, as an Earl and Duke. Therefore though he was a King anointed, yet as he was an Earl or Duke, he was under the jurisdiction of his Lord the King of F●ance. But if an Earl or Duke Committed a Crime in the Kingdom of France, he might and ought to be Judged by his Peers; [1] Ibid. n. 40. and if he were neither Duke or Earl, or Liege Man of the King of France, and had Committed a Crime in the Kingdom of France, yet by Reason the Crime was Committed in France, the Barons might Judge him to Death; otherwise if the King of England, because he was an anointed King (who was then a Peer of France) could not be Judged to Death, might safely enter the Kingdom of France, and Kill the Barons of that Kingdom, as he had Killed his Nephew Arthur. The Monk [2] Ibid. n. 50. Quere. Why the Monk said this? tells us the truth of the Matter was thus: That King John was not justly adjudged from the Dukedom of Normandy, because he was not Judicially, but Violently thrust out of it. For that he sent Eustace Bishop of Ely, and Hubert de Burgh, to let the King of France know, The Mutual Objections, Answers and Replies, etc. That he would Willingly appear in his Court, and was ready to stand to the Law in all things, if he might have a safe Conduct. The King of France answered he should come safely. The Bishop then asked him, And shall he return safely? [3] Ibid. fol. 284. lin. 1. Of the King of France, and the Envoys of the King of England. To which the King returned, If his Peers would permit him. And when the King of England's Envoys pressed that he might safely come into, and return out of France, King Philip swore by the Saints of his own Country, he should not departed without judgement, or Trial. [4] Ibid. lin. 4. Concerning his Answering in the Court of France, The Bishop urged the Dangers that might happen by his coming without Safeconduct, and that he could not come to his Court as Duke of Normandy, but he must come as King of England; when as the same person was both King and Duke; which the Baronage of England would not ways permit, though the King would submit to it: For he must either run the Hazard of Imprisonment or Death. as a Peer of that Kingdom. To which the King of France Rebutted, And what is this, my Lord Bishop? 'Tis well known the Duke of Normandy my Tenant hath violently acquired England; and if he suddenly hath acquired any greater Honour, shall this prejudice his Capital Lord? shall He lose by it? Certainly not. [5] Ibid. n. 10. To which (saith the Monk) the King of England's Messengers could Surrebutt, or answer nothing, and so returned home. But adds, [6] Ibid. Mat. Paris his Opinion about the Condemnation of King John in the Court of France. The Monk notwithstanding what the King of England's Envoys said, the Great Men of France proceeded to Judgement; which justly they ought not to have done; because he that was judged was absent, and would have appeared if he could. And therefore King John being condemned by his Adversaries, was not justly condemned. [7] Ibid. n. 20. The Pope's Opinion about the Death of Duke Arthur. The Pope says Duke Arthur was taken by his Uncle at the Castle of Mirebel, after he had done Homage and Ligeance to him; and therefore might be put to Death without Judgement. Secondly, [8] Ibid. n. 30.40. The second Objection against King John, and the Pope's answer. The Replies of Lewis his Envoys to the Pope. 'Twas Objected against King John, That he was often Cited to appear in the Court of the King of France; and neither appeared personally, nor sent any one to appear for him. The Pope answered, This was only Contumacy, and not a Mortal Crime, and was otherwise to be punished; and therefore the Barons could not judge him to Death. Lewis his Messengers replied, That it was the Custom of France, That if any one was accused of Murder, and appeared not, but sent his excuse, he was judged as Convicted in all things; and the Issue of him barred from Inheriting. To which the Pope answered again, That suppose King John had been Judged to Death, and his Issue barred, (which could only be for his Territories in France; His Answers to them again. ) yet Blanche the Wife of Lewis ought not to succeed; but either the Sister of Arthur, or Otho Son of Henry Duke of Saxony by her Eldest Sister Maud; or the King of Castille her Brother, or the Queen of Leon her Eldest Sister. [9] Ibid. f. 285. lin. 1. To which Lewis his Envoys again Replied, That she had a Title, which was good while others appeared, and if any nearer to it afterwards claimed, Lewis might do what he thought fit, or what he ought to do. 3. To these things the [1] Ibid. l. 5. The Pope asserts his own Title. Pope said the Kingdom of England was his property, and that Lewis ought not to spoil him of his Kingdom by War; To this Lewis his Commissioners Answered The War was begun before the Pope could pretend to it. [2] Ibid. n. 10. Lewis his Envoys endeavour to invalidate it. For William Longespee and many with him came and invaded Lewis his Territories, Therefore his War was just against the King of England that sent him. [3] Ibid. The Pope's Answer to their Argument for War against King John. The Pope answered Lewis ought not to make War upon him for what his Vassal had done, but to make his complaint to him as his Lord. To this the Commissioners Replied, [4] Ibidem. The Reply of Lewis his Envoys. There was a Custom in France, That when any Vassal made War upon any one by Authority of his Lord, he might make War upon him again without complaining to his Lord. [5] Ibid. n. 30. The Pipes Argument against the War. The Reply of Lewis his Commissioners. The Pope urged further, That the Barons were Excommunicated, and all their Favourers, by which means Lewis would incur the pain of Excommunication; To this his Commissioners replied he did not favour or Cherish the Barons of England, but prosecuted his own right: And that he believed neither the Pope nor so great a Council would Excommunicate any man injustly, for that at the time of declaring the Sentence, they knew not what right he had to the Kingdom of England. [6] Ibid. n. 40 The Pope's Resolution. And after all, the Pope said he would determine nothing until that he heard from his Legate Walo. This was the Discourse between the Pope and Lewis his Envoyes, their mutual Objections, Answers, Replies, etc. Lewis [7] Ibid. & n. ●0. Lewis wa●●s Essex, Norfolk, and Suffolk, and returns with the Spoils to London. He makes Gilbert de Gant Earl of Lincoln, and sends him to Block up Notti●gham and Newark Castles. made a great Cavalcade into the East of England, the 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 Spoils 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 Huleco●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 inroad into Cambridgshire, Norfolk and Suffolk, etc. 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 ●chester Committed the like Outrages there, and came again to their known lurking places of London, add [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 applied their Battering Engines against the Walls, and the Defendants endeavoured 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 Baron's 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 Month 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 haste toward Cambridge, that they might shut up, and surprise 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 Miss 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 Ruin 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 Traitors, 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. ●0. The Barons begin to repent of their usage of King John, and despair 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 Stigmatised them with the Character of Traitors: 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, Lutgars●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 King's persecuted Subjects, his Treasure there secured, etc. 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 his Treasure, Crown, and all his portable and movable Royalties, as appears by the sequel of the Story. When he left the West he came to [3] Rot. Pat. 18 Johan m. 2, 3. N. 37. Oxford, where he was September 3d and 4th, and thereabouts until the 8th of that Month, when he was at [4] Ibid. M. 2. N. 25. Sunning, On the 13th of [5] Ibid. M. 1, 2. The several places where King John was almost every day for a month before his Death. September he was at Walingford. At Aylesbury on the 15th. At Bedford the same day. At Cambridge on the 16th. At Clare on the 18th. Apud Clivam the 20th. At Boking the 21st. At Lincoln the 22d day. At Stow in Lincolnshire 27th. At Lincoln 28th. At Lincoln 2d of October. At Grimesby the 4th of October. At Spalding the 7th of October. At Lin the 9th and 11th of October. At Wisbech the 12th of October. At Lifford alias Sleford the 15th of October. At Newark Castle the 16, 17, 18th, of October. Upon the Patent Rolls of this year, we find the Grants dated at the places and days above written, for a proof whereof see the [6] N. 137. Appendex, where three or four of the last Grants being very short are inserted. 'Tis probable [7] See here a little before The Barons Hunt the King from place to place, and cannot take him. as Paris reports, That the Barons might Rise from before Windsor Castle about the Middle of September, and march after the King, and Hunt him from Cambridge to Clare, from thence to Clive, (where that is I know not) and from thence to Bokinge near Manitte in Essex, where he was September 21st, and from thence that day he might march Cross the Country to Royston, and so to Huntingdon, Stanford, and to Lincoln the next day. And when he knew the Barons were marched back to London, and from thence to Dover, to Lewis, he then came to Spaldinge, and so over the Wash to Lin, for his Carriages and Treasure which were secured there, and to recruit his Army with such of his Loyal people that had Fled thither. For Paris [8] f. 287. n. 40. The Patent Rolls agree not with Paris his Report. tells us further, That when Lewis had a long time in vain Besieged Dover Castle, King John, came into the Counties of Norfolk and Suffolk, and miserably wasted them; and going by Peterburgh and Coyland, plundered those Abbeys; at length in his passage toward the North he took his way through Lin, etc. This doth no ways agree with the Patent Rolls, which say he was at Grimsby in Lincolnshire upon the 4th of October, at Spalding in the same County, upon the 7th, at Lin on the 9th and 11th, at Wisbeth on the 12th, from whence he went back to Lin, and went over the Wash on the 14th of October, to Swineshead Abbey, which agrees with the latter part of the Story in Paris, and the Patent Rolls. For he says, [9] Ibid. & n. 50 King John received with great Joy at Lin, etc. That the King coming to Lin, was Received with great Joy and Presents * At this time it must be that this King as a Mark of his Favour and Affection to this Town for their signal Loyalty, gave them one of his Drinking Bowls, and a Sword from his own side, which now doth, and ever since hath remained with the Mayor The Sword hath this Inscription, King John gave a Cup and Sword to the Town of Lin. Ensis hic. Donum Regis Johanis, A suo ipsius Latere, Datum. by the Inhabitants. And that passing from thence towards the North, he lost all his Wagons, Carts, Sumpter Horses, with their Lading, and all his Treasure, precious Vessels, & Regalia, his portable Royalties in the River called (a) That which was then called Well-Stream, was the River of O●s●, whose Current now Dischargeth itself into the Sea by Lin, but than it [*] Dugdal. Histor. of Imbanking and draining, f. 256. Col. 1 & f. 300. Col. 1. passed under the Town of Littleport in the Isle of Ely, and so on to Wellenhee, and through the two Towns of Vp-Well and Out-Well, (from whence its name) and so under Walsoken Sea Bank, through the Washeses between Lincolnshire and Marshland into the Sea, where the River of Nene that comes from Peterburgh through Wisbech, and runs through those Washes now, and slides into the Sea. Well-Stream, where, says [3] Mat. Paris f. 287. n. 50. the Monk, the b By the opening of the Earth in the midst of the Floods, and the Gulf of the Abyss. The Monk means and describes the Washeses between the Cross Keys in the Parish of Terrington in Marshland in Norfolk, and Fosdike in Holland in Lincolnshire, over which at this day Passengers and Travellers go with Guides; and sometimes through the Ignorance or Negligence of the Guides they miscarry, The meaning of the Earth opening in the midst of the Floods, and the Gulf of the Abyss. either by falling into Quicksands; or being tak●n by the Tide: That is, the Tide coming too fast upon them in their passage, and overflowing the Washeses, That they lose their Way and Perish: And this most certainly was the Case with King John's Carriages. For this was the nearest way, and most direct passage from Lin to the Cross Keys, and so over the Washeses to Fo●dike, from thence to Sleford and so to Newark, and the most secure from his Enemies, though the passage itself not so safe. Earth opened in the Midst of the Floods, He loseth all his Carriages and Treasure in the Washeses between Marshland and Holland. He falls sick at Swineshead Abby. and they all passed into the Gulf of the Abyss with men and horses; only the King with his Army hardly Escaped. And that night got to Swineshead Abbey and there lodged: where through Grief of mind, for the loss of his Carriages he fell into a Fever, and increased it by Eating Peaches, and Drinking new Bracket that night. Yet early in the morning he departed from thence, and with great Trouble got to Sleford Castle, from whence next day, he could [4] Ibid. f. 288. lin. 1. Dies at Newark. scarce get on horse Back to Newark Castle (which was but 10 or 15 Miles from thence) in which place his Fever increasing, [5] Ibid. lin. 8. he Died on St. Luke's Day, or the 18th of October at Night, after he had Reigned, saith Paris, eighteen years, five months, and four days. His Body was Buried [6] Ibid. n. 10. with due Solemnity in the Cathedral at Worcester. A very little while before his Death, [7] Ibid. The Barons would have returned to their obedience. The King gives the Baron's Estates to his Loyal Subjects. Forty of the Barons sent their Messengers and Letters to the King, signifying their Desires to Return to their Obedience; But his Condition was such, as he could not take notice of them. And besides their Growing Jealousies of Lewis, One great 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 ●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 King's 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 Dependencies there, by the same Tenors as in this Nation, as appears by the Grant of the Honour of [7] Append. N. 139. The Honour 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 Uncle 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 Bishoprics and Abbeys, The Cantred of the Ostmen and Holy Island which King Henry Retained in his hands; and except the Services of William de Burgh, etc. In the sixth year of his Reign [8] Append. N. 140. Ulster granted to Hugh Lascy. he signified 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 Ulster with its appertenencies, to hold as John de Curcy held it, the day that the said Hugh * See that Story related in the beginning of this Reign. seized him in the Field, Saving to him the Donations of Bishoprics and Abbeys 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 justice 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 canters 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 canters. In the ninth of his Reign he Confirmed to [1] Append. N. 142. Three canters in the Land of Cork granted for the Service of ●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 canters in the Land of Cork; That is to say Olethan with all its appurtenancies, and the other two, Musckerie Dunegan, and the canters of Killede, with all their Liberties, and free Customs by the service of ten Knights, excepting the Rights of the Crown. For several years, Things by the Care and Circumspection of the justiciaries or Lieutenants, remained without any very Notable Commotions. In the thirteenth year of his Reign [2] Mat. Paris f. 23●. lin. 6. A. D. 1211. King John goes into Ireland and received the Homage of twenty petty Kings. King John Sailed 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 Grace Bishop of Norwich made Justiciary. Laws and Customs to be Established there, and placed Sheriffs and other Officers in divers parts of that Nation, that should Govern and judge the people according to those Laws, and made John Grey Bishop of Norwich Justiciary, who made the money of Ireland of the same weight with that in England, for the Conveniency of Traffic between the two Nations. This done, the King [4] Ibid. n. 20. King John's 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 King's 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 settled 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 Dor. 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 mixed and interwoven with the Secular Affairs of this King's 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 King's justiciary, and the other for the particular Diocese of Salisbury held by that Bishop, Richard Poor, [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's time, and Money Levied by him for Scutage Service, etc. SOon after his first Coronation, which was on the 27th of May 1199. [9] Rot. Pip. 1 Johanis, Civit. London & Middlesex. He had a Scutage Tax of two Marks of every Knights Fee. In the year 1200. he had of every Ploughland in England [1] Hoved. f. 454. b. n. 20. three Shillings. In the year 1201. he had two Marks of every Knight's [2] Paris f. 206. lin. 9 Fee for Scutage Service of such as had his Licence to stay at home, upon Summons to pass beyond Sea with him. In the year 1203. he took a 7th part of all the Earls and Barons [3] Ibid. f. 209. n. 20. Goods that left him in Normandy. In the year 1204. in a Parliament at [4] Ibid. n. 50 Oxford there was granted to him a Scutage Tax of two Marks and half of every Knights Fee. In the year 1205. he [5] Ibid. f. 212. n. 20. levied of the Earls and Barons that would not follow him beyond Sea with their Service (infinitam pecuniam) a vast Sum of Money. In the year 1207. he took a thirteenth part of all the [6] Ibid. f. 221. n. 50. moveables and other things as well of Laics as of Ecclesiastics and Prelates, all Murmuring, but none dared to contradict it. In the year 1210. he forced from the [7] Ibid. f. 230. n. 10. Abbats, Priors, Abesses, Templars, Hospitallers, etc. 100000 l. and from the White Monks or Cistertians 40000 l. In the year 1211. he had two Marks [8] Ibid. n. 50 Scutage Service of every Knight's Fee, which furnished not out its Service to the Expedition of Wales. In the year 1214. he [9] Cl. 16 Johan. m. 24. Dat. apud Partenay 26 Maii. took of every Knight's Fee of those that were not with him in Poictou, as well of Bishoprics in his hands, as of Wards and Escheats three Marks. The Issue of King John. HEnry his [1] Paris f. 225. n. 50. Eldest Son, afterwards King Henry the Third, was Born on St. Remigius his Day (That is the first of October) in the year 1207. Richard his Second Son, afterwards King of the Romans and Almain, Earl of Poitiers and Cornwall, was [2] Ibid. f. ● 226. lin. 1. born in the year 1208. His Daughters. JOane the Eldest was Married to [3] Pat. 10. Hen. 3. n. 1. Dor●. Alexander King of Scots, as appears upon the Patent Roll, 5 Hen. 3. M. 6. Dor. Dated at York, June 28. 1221. Alienor his Second Daughter [3] Pat. 10. Hen. 3. n. 1. Dor●. Married to William Marshal the Younger, who Died without Issue A. D. 1231. and was remarried to Simon Monfort Earl of Leicester, on the [4] Paris f. 465. n. 40. Morrow after Epiphany A. D. 1238. Isabella his third and youngest Daughter was Married to [5] Ibid. f. 414. n. 30, 40. Frederi● the 2d, Emperor of Germany at the Age of One and twenty Years, on the Twenty Seventh of February, A. D. 1235. His Natural, or Base Issue. RIchard [6] Ibid. f. 298. n. 40. the Eldest. Geoffrey [7] Sand. Genealog. Hist. f. 86. Fitz-Roy. Osbert mentioned as King John's [8] Sandf. ut supra f. 87. Son in Rot. Pat. 17 Johan. Part. 2. M. 16. Olivar. mentioned as King John's Son in Rot. Cl. 1 Hen. 3. part. 2. M. 23. and as King Henry's Brother in Rot. Cl. 2. Hen. 3. part. 1. M. 9 Joan [8] Sandf. ut supra f. 87. Married to Llewellen the Great Prince of North-Wales. THE REIGN OF King Henry III. IN the Eve of Simon and Judas, [1] Paris fol. 289. n. 10. A. D. 1216. Henry the 3. Declared King Eight days after the death of King John, in the presence of Walo the Pope's Legate, Peter Bishop of Winchester, jocelin Bishop of Bath, Sylvester Bishop of Worcester, ranulph Earl of Chester, William Marshal Earl of Pembroke, William Earl of Ferrars, John Marshal, and Philip de Albeney, with Abbats, Priors, and a very great multitude met at Gloucester to advance Henry the eldest Son of King John to the Crown of England. The day after, all necessaries being in a readiness for his Coronation, His Coronation. The Legate accompanied with the aforementioned Bishops, and Earls, brought him in Solemn Procession, into the Conventual Church, Declaring him King. Being placed before the great Altar, in the presence of the Clergy and Laity (Coram Clero & Populo) laying his Hand upon the Holy Gospels and Relics of many Saints, jocelin of Bath dictating the Oath, He [2] Ibid. n. 20. His Oath. Swear, That he would bear Honour, Peace, and Reverence to God, Holy Church, and all its Clercs, all days of his Life; That he would administer due Justice to the People; That he would abolish all bad Laws and ill Customs if any were in his Kingdom, and would observe, and cause to be observed all good ones. He doth Homage to the Pope. Then he did Homage to Holy Church of Rome, and to Pope Innocent, for the Kingdoms of England and Ireland; And Swear Faithfully to pay the Thousand Marks yearly to the See of Rome, which his Father King John had given: After this, And receives the Homage of all his Bishops, Earls, and Barons present. Peter Bishop of Winchester, and jocelin Bishop of Bath anointed and Crowned him King with the usual Solemnities. The day after he received the Homages and Fealties of all the Bishops, Earls and Barons, and all others who were present, all promising him most faithful Obedience. After his [3] Ibid. n. 40. The Earl of Pembroke Protector. Coronation, he remained in the Protection of William Earl of Pembroke, Great Marshal, who forthwith sent Letters to all Sheriffs, and Castellans of the Kingdom of England, Commanding Obedience to the new Crowned King, and promised many Gifts and Possessions to all such as should faithfully adhere to him; upon this, all those Noblemen and Castellans, who had continued firm to his Father, stood the more close and faithful to him, Lewis and his Adherents Excommunicated. and every one prepared to fortify his Castles, as well as he could; and they were the more encouraged, when they saw that Lewis his Accomplices and Favourers were Excommunicated every Sunday and Holiday. All endeavours were used by the Protector, the Bishop of Winchester, and others, to reduce the Barons to their Allegiance and Obedience to their Natural Prince, who then wanted One Month of the age of Ten years. In whose Name they wrote to * Append. N. 143. Hugh de Lacie, and gave him a safe Conduct to return to his Fealty and Service, and that he might come to speak with the King, and return safely, and promised him the Restitution and enjoyment of all his Rights and Liberties, if he complied with that invitation, which bears the Earls Teste, and is Dated November 18, the First of his Reign. When Lewis and the Barons who besieged Dover Castle, heard certainly that King John was dead, [4] Ibid. n. 50. Lewis and the Barons summon Dover Castle. They were possessed with a fallacious Joy, that the Kingdom of England would soon be subdued; Therefore Lewis summons Hubert de Burgo, Constable of the Castle, to surrender it, Telling him King John was dead, and that he could not defend it against him; and therefore if he would deliver the Castle, and Swear Fealty to him, He would not only reward him with Honours, but also make him one of his Counsellors. To whom Hubert gave this Answer, That although his Master was dead, Hubert de burgh's Resolute Answer. yet he had Sons and Daughters who ought to succeed him; but would not hear of surrendering the Castle, till he had consulted his Knights; who unanimously resolve in the Negative, lest by a shameful Surrender [5] Ibid. fol. 290. n. 10. They should be branded for Traitors; when this Resolution was made known to Lewis, he raised the Siege, and marched towards London. On the 12 th' of November following [6] Ibid. Lewis takes Hertford. He came before Hertford, and besieged it, which at first was well defended by Walter de Godardvill, and many French were slain, but at last was yielded unto Lewis, upon Condition they might be secured of their Goods, their Horses and Arms. Robert the Son of this Walter claimed the custody of this Town, as belonging unto him by Ancient Right; To whom the French Men replied, That such English were never to be trusted, who had been Traitors to their own Master; However, Lewis promised him, that when he had wholly subdued the Kingdom, every one should have their Rights restored. From hence he proceeded to Berchamstede- Castle [7] Ibid. n. 30. and Berchamstede. Spoils the Country. , and after some small skirmishes and a few Sallies made by the besieged, he took it. After this he ravaged the Country, and spoiled the Inhabitants, until he came to St. Alban, and required the Abbot to do him Homage, which he refused, unless released from his Homage to the King of [8] Ibid. n. 50. England. Lewis enraged at this Answer, Swore He would burn both the Abbey and Town, unless he did what he required. Whereupon the Abbot (by the Mediation of Saher Earl of Winton) made a composition with him for himself and the Town, till the Candlemass following, Returns to London. and gave him Fourscore Marks of Silver to spare the Abbey and Town until Candlemass, and then he returned to London. In the year 1217. the young King Henry [9] Ibid. fol. 29●. 10. A. D. 1217. The King and Protector at Bristol. The English, doubtful whether they should adhere to King Henry or Lewis. kept his Christmas at Bristol, with Walo the Legate, and William Marshal, the Protector or Governor of the King and Kingdom; At this time there was a fluctuation in the Nobility, whether they should submit to young Henry or Lewis. The French they hated and despised, and the more because Lewis contrary to his Oath, had entered upon their Lands, Possessions, and Castles, and placed Soldiers and Strangers in them. And at the same time were ashamed to return to the King, whom they had deserted; being thus perplexed, they could not tell which way to steer their course. Mount Sorrel Castle Plunderers defeated. On the Twentieth of January several Knights and Esquires, or other Horsemen, went out of Mount-Sorrel Castle, to plunder the Country: The Garrison in Nottingham Castle had notice of it, and sent out a party that engaged them, killed Three of their number, and took Ten Knights, and Twenty four Esquires (Servienses) prisoners. About this time Lewis [1] Ibid. n. 50. A Truce between King Henry and Lewis. had notice from his Envoys at Rome, that unless He departed out of England, the Sentence of Excommunication pronounced against him by Walo the Pope's Legate would be confirmed by the Pope: Whereupon a Truce was made between King Henry and Lewis, until a Month after Easter; and that all things were to remain in the same State they were in that day. The Truce was made until the term was expired. He pasteth over Sea. In Lent Lewis passes over Sea, by which he lost the affection of the English Barons; And thereupon William Earl of Salisbury, William Earl of Arundel, William Earl of Warren, Many of the English Barons return to their Allegiance. and William Son of the Great Marshal returned to their Allegiance, and afterwards firmly adhaered to young King Henry, which very much weakened Lewis his party. After [ ] Ibid. fol. 293. n. 40. William Marshal and Ranulph Earl of Chester, etc. Besiege Mount Sorrel Castle. the Solemnity of Easter was past, at the instigation of William Marshal, Ranulph Earl of Chester, William Earl of Albemarle, William Earl of Ferrars, Robert de Veteri Ponte, Brian de Insula, W. de Cantelupo, Philip Mart, Robert de Gaugi, Falcasius with his Castellans, and many other Garrison Soldiers met to besiege the Castle of Mount Sorrel, wherein Henry de Braibrot was Governor, and with him were Ten stout Knights, and many other Soldiers; There were many vigorous Assaults made, and as briskly received and returned. Sa●er Earl of Winton contrives with Lewis how to raise the Siege But the Besieged being close pressed, sent to Saher Earl of Winton, the Lord or Proprietor of the Castle, who was then at London, for relief; He applies himself to Lewis, (who was lately returned from beyond Sea to London) that he would send Assistance, and raise the Siege, and they agreed to send such Force as might not only Relieve the Castle, but also subdue the Country; There went out of London [3 Ibid. n. 50. Six hundred Knights, and above 20000 Armed Men (Qui omnes aspirabant in aliena) who all gaped after Plunder; the chief of them were the Earl of Perch, Marshal of France, Saher Earl of Winton, and Robert Fitz-Walter, and many others who were judged very fit for that Expedition. They set forth the last of April, and marched towards St. Alban, Burning and Robbing Towns and Churches, spoiling all sorts of Men, and cruelly tormented them, that they might force from them excessive Ransoms; Neither did they spare [ ] Ibid. fol. 294. n. 10. the Abbey of St. Alban, notwithstanding a little before the Abbar satisfied Lewis. They marched from thence to Dunestaple, where they took away the Monks clothes, and with their polluted Hands [5] Ibid. n. 20. snatched away the Holy Relics from the Altar. After many Spoils, and much Rapine, they went directly to the [6] Ibid. n. 40.50. Mount-Sorrel Castle relieved. Lewis his Army besieged Lincoln Castle. Castle of Mount-Sorrel, and raised the Siege without any opposition. From hence they marched to Lincoln, and set down before the Castle, which Gilbert de Gant had a long time in vain Besieged, and made many Assaults, but were vigorously repulsed. Upon this [7] Ibid. n. 50 William Marshal, etc. raise an Army for the relief of Lincoln Castle. William Marshal, Walo the Legate, and Peter Bishop of Winchester, and others, who then managed the Affairs of the Kingdom, Summoned all the King's Castellans, and Knights, and those that were in Garrisons in divers parts, to meet at Newark on Whisun-Tuesday, to go along with them to raise the Siege of Lincoln Castle. They all shown a great readiness to Fight with the Excommunicated French, and very joyfully met at the place and day appointed. With them went the Legate, and many other Prelates, to pursue with Prayers and Arms all such as were disobedient to the King, and Rebels to the Pope. When they were all come together, they were 400 Knights, 250 (Balisharii) Cross-Bow-men, and such [8] Ibid. fol. 295. n. 10. Esquires and Horsemen without number; That if necessity required, they would supply the place of Knights. The chief were William Marshal, and William his Son, Peter Bishop of Winchester, well skilled in Martial Affairs, Ranulph Earl of Chester, The chief persons in that Army. William Earl. of Salisbury, William Earl of ●errars, William Earl of Alb●marle; And the Barons were William de Albiny, John Marshal, William de Cantelupo, and William his Son, Falcasius, Thomas Basset, Robert de Veteri-Ponte, Bryan de Insula, Geofry de Lucy, Philip de Albiney, with many Castellans well exercised in Military Discipline; They stayed three days at Newark. They stayed three days at Newark for the refreshment of their Men and Horses, where they were Confessed, and fortified themselves, by the Perception of the Lords Body, and Blood (Corporis & sanguinis Dominici perceptione seize muni●bant) against the Assaults of their Enemies. On Friday in Whitsun-week after their Confession, and receiving the Sacrament, The Legate [9] Ibid. n. 20. shown how unjust that cause was, which Lewis and the Barons his Adherents had undertaken to defend, for which they had been Excommunicated, and separated from the Unity of the Church; And then by name Excommunicated Lewis, The Legate encouraged the King's Army. and all his Accomplices and Favourers, and especially all those that Besieged Lincoln; But to those who had undertaken this Expedition, he gave a full Pardon, and the promise of Eternal Salvation. This so animated the Army, that they triumphantly marched towards Lincoln, fearing nothing but the Enemy's flight before they came thither; When the [1] Ibid. n. 30, 40. Barons and French which were in the City, heard of their approach, they received the news with Scoffs and Laughter, thinking themselves to be secure. However Robert-Fitz-Walter, and Saher Earl of Winton went out of the City to observe the motions and number of the King's Forces; when they returned, They march in great order towards Lincoln. they reported their March to be very orderly, but that they exceeded them in number. This Account gave no satisfaction to the Earl of Perch, and the marshal: [2] Ibid. n. 50. Wherefore they went out to take a View of the King's Army, The Advices and Counsels of the French Officers various. which marched in such order, that they were mistaken in their Observations, and returned both deceived and uncertain; the advices upon this were various, at last it was agreed the Gates should be Locked up, and Watches set to keep out their Enemies, and every one to make ready for a defence, and in the mean time to Batter and Assault the Castle, which they thought could not long hold out. When the King's [3] Ibid. f. 296. n. 10. The King's Army Assaults the City of Lincoln. The Barons and French are heaten. Army was come before that part of the City where the Castle stands, the Castellans by a private Messenger gave them notice of every thing that was done within, and moreover told them, that if they would, they might enter at the Postern gate of the Castle, which was left open for them. Falcacius accepts the offer, and enters with all such as he commanded, and the Cross-Bow-men, (whilst the rest of the Army made an assault upon the Northern gate) And having from the Castle wounded and unhorsed some of the most forward and valiant Barons; He suddenly issued out, and very narrowly escaped being taken, put them all into Confusion, which gave an opportunity to the whole Army to enter. A very great number yielded to the Conqueror's mercy; But the Earl of Perch [4] Ibid. n. 30. The names of the chief Prisoners that were taken. refusing to yield to any Englishman that had been a Traitor to his own King, was slain. Of the Chiefest Barons were taken, Saher Earl of Winton, Henry de Boun Earl of Hereford, Gilbert de Gant whom Lewis had lately made Earl of Lincoln, Robert Fitz-Walter, Richard Munfichet, William Mumbray, William Beauchamp, William Mandut, Oli●er Harcourt, Roger Cressy, William Colevill, William de Ros, Robert Ropesle, Ranulph Cheinduit, and about 400 Knights, 400 Knights &c. taken. besides Esquires, Ordinary Horsemen and foot. This Victory was obtained on the 19th of May, being Saturday in Whitsun-Week. The spoil of the [5] Ibid. fol. 297. n. 10, 20. The City and Cathedral Plundered. City and Cathedral was given to the Soldiers; for the Legate had commanded they should treat all Canonical persons as Excommunicated: When they had made an end of Plundering, William marshal commanded all his Castellans to return home with their Prisoners, and keep them under a strict guard till they knew the King's pleasure. Lewis [6] Ibid. f. 2●7. n. 50. Lewis sends to his Father and Wife for more Forces. He afraid to Anger the Pope, leaves all to his wife. hearing of this great overthrow, forthwith sent Messengers to his Father the King of France, and to his Wife the Lady Blanch to send some speedy Succours. The King fearing he should anger the Pope if he should assist his Son who was Excommunicated, left it wholly to Lewis his Wife [7] Ibid. fol. 298. n. 10. She sends 300 Knights with other Forces. They were met and Beaten at Sea. who speedily sent 300 stout Knights with a great many Armed men under the Conduct of Eustachius a Monk. After they were Shipped, a brisk wind drove them toward the Coast of England, but by the way several of the King's Ships under the Command of Philip de Albiney met with them, between whom was a bloody Sea fight. [8] Ibid. n. 30. And most taken Prisoners. At length the French seeing no hopes of Success or Escape, some desperately leapt into Sea, and the rest yielded themselves Prisoners. When the News of this defeat came to Lewis, it more grieved him than the overthrow at Lincoln. [*] Ibid. n. 40. Eustachius the Monk's Head cut off. Eustachius the Monk offered a great sum of Money for his Life; but Richard the Bastard Son of King John calling him wicked Traitor, Told him he should never deceive any man further with false promises, and so cut off his head. After this [9] Ibid. n. 50. William Earl Marshal Besiegeth London the marshal encompassed London with a great Army and Besieged it both by Land and Water; Lewis finding himself reduced to great straits, signified to the Legate, and marshal, that he would submit to their advice, and consent to any thing [1] Ibid. f. 299. n. 10. Lewis offereth a Treaty. consistent with his own Honour, and without Scandal to his Friends. They being very willing to be rid of him, send him a [2] f. 299. n. 10. The Legate and William Marshal send him a Form of Peace. He accepts it. King Henry and Lewis meet at Stanes A. D. 1217. Form of Peace, to which if he would Consent, he should have free passage and conduct out of England; if not, they would endeavour the destruction of him and his Accomplices. Lewis and his Councillors accepted the offer, and sent to the marshal and Legate to fix upon a place and day, that a speedy Peace might be concluded. They appoint a place nigh Stanes by the River Thames, where King Henry, the Legate, and the marshal, with many others on the one side; And Lewis with the Barons on the other side met, and agreed upon this Form of Peace on the Eleventh of September. Lewis [3] Ibid. n. 20.30.40. The Form of Peace. Swore that he and all with him that were Excommunicated, would stand to the Judgement of Holy Church, and for the future, would be faithful to the Pope, and Church of Rome. That he would forthwith departed the Kingdom of England, and never more return again with any ill design during his Life. And that he would endeavour what he could to induce King Philip his Father, to restore to King Henry all his rights beyond the Seas, and that when he should come to be King, he would quietly restore them. And that he should immediately deliver to the King all those Castles, with their Lands, he had possessed himself of in England during this War. King Henry with the Legate and marshal Swore they would restore to the Barons of England, and to all others of the Kingdom, All their Rights and Inheritance, together with the Liberties they before desired, for which there arose so great discord between King John and the Barons; neither should it be any Damage or Reproach to any that had adhered to the one or to the other side. That all Prisoners who had redeemed themselves before this Peace was made, and had paid part of the money for their redemption, what was paid should not be returned, and what remained should be remitted. Lewis Borrowed 5000 l. of the Citizens of London and passeth into France. That all Prisoners either taken at Lincoln, or at Sea, whether of the Kings or Lewis his side, should without any difficulty or price of redemption be set free. After this Lewis and all his Followers were absolved, and returned to London, where having borrowed 5000 l. Sterling of the Citizens, he was by the great marshal conducted to the Sea, and so passed over into France. When the Legate [4] Ibid. n. 40, 50. The Bishops, Abbats, etc. that assisted Lewis excepted from absolution. The Legate sent out Inquisitions to find out all Clercs that were inclined to Lewis, and deprived them of their Benefices absolved Lewis and his followers, he excepted all such Bishops, Abbats, Priors, Secular Canons, and Clercs who assisted or favoured Lewis and the Barons, particularly Simon de Langton and Gervase de Hobrugge, who caused Holy Mysteries to be performed by such as were excommunicated. They were first deprived of all their Benefices, and then forced to go to Rome. Soon after Lewis his departure, The Legate sent Inquisitors all over England, and whomsoever they found the least engaged or inclined to Lewis and the Barons of what order and Dignity soever they were, They first suspended them, and then sent them to him; who deprived them of all their Benefices, The Bishop of Lincoln paid 1100 Marks for his Bishopric. and bestowed them on his own Clercs. Hugh Bishop of Lincoln paid to the Pope's use 1000 Marks, and 100 to the Legate for his Bishopric, whose Example many of the Bishops and Religious followed. This year on the sixteenth of July died * Ibid. fol. 297. n. 40. A. D. 1218. Pope Innocent the Third. To whom succeeded Honorius the Third. King Henry [5] Ibid. fol. 300. n. 20, 30. Several of the Barons were loath to part with the Lands they had gotten in the late Wars kept his Christmas at Northampton, and Fal●asius supplied him with all necessaries for the Festival. In those days several of the Nobility and others, The chief of which were, William Earl of Albemarle, Falcasius with his Castellans, Robert de Vipont, Brian de Lisle, Hugo de Bailluel, Philip Marc, and Robert de Gaugi, having in time of War accustomed themselves to Rapine, could not forbear exercising the same in time of Peace, but forcibly held the Castles with the Lands and Possessions belonging to them, of some Bishops and great men contrary to the Kings Will and Command; Robert de Gaugi refused to deliver the Castle and Town of Newark to the Bishop of Lincoln. The King Besieged it, and is yielded upon Terms. but especially Robert de Gaugi (though Admonished several times by the King) refused to yield up the Castle and Town of Newark to Hugh Bishop of Lincoln. Whereupon the Great marshal at the King's Command, raised an Army and Besieged the Castle; after eight days Siege, Robert de Gaugi capitulated with the Bishop to Deliver the Castle to him upon payment of an Hundred pounds Sterling for the Victuals that was in it; the Bishop with the King's consent did accept the Terms, so the Siege was raised, and every one went to their own home. This Year on the 18th of February, the Protector * Append. N. 144. Clercs that adhered to Lewis, Banished. wrote in the King's Name to the Sheriffs to make Proclamations in their Counties, That all Clercs that had adhered to Lewis, and were therefore Excommunicated, and not absolved, should be Banished; and if they departed not the Nation before Mid-Lent, they were to be imprisoned. And such as were Absolved, if they remained Friends to Lewis, etc. they were however to be Imprisoned. He wrote on the 22d of the same Month also to the * Append. N. 145. The Charter of Liberties to be observed. Sheriffs of the several Counties, for the better satisfying the minds of men, That they should look after the observation of the Charter of Liberties, and the Forest, and see all Castles built in the time of War Demolished. On the 16th of March in the same year, Llewellen Prince of North-wales * Cl. 2. Hen. 3. M. 4. The Prince of North Wales, receives in Custody the King's Castles, etc. Received in Custody from Gualo the Pope's Legate, the King's Castles of Kaermarden and Kaerdigan with their Lands and all appurtenances in the presence of Peter Bishop of Winchester, William Marescal Earl of Pembroke, and many other Bishops, Earls and Barons there named, and others not named, to hold and keep them for the King until he came at Age, and then they were freely to be delivered to him. He was to hold the King's Courts in these Castles and Lands as the Kings Baylif, Deputy or Officer (ut Ballibus Domini Regis) and do right to the English according to the English Law, and to the Welsh according to their Law: And for the performance of these things, he gave Pleges or Hostages, Mailgo the Son of Rese, and Rese the Son of Griffin, Mado● the Son of Griffin, and Mereduc the Son of Ren. This year also it was Ordained * Append. N. 146. No Chart or Letters Patents to be Sealed with the Great Seal before the King was at full Age. by the Council of the Kingdom, that no Chart, or Letters Patents containing the Confirmation, Alienation, Sale or Donation of any thing in perpetuity, should be Sealed with the King's Great Seal, until he were of full Age; and if any such Charts or Letters Patents were made and Sealed, they were notwithstanding to be void. This Ordinance is Witnessed by Gualo the Pope's Legate, the Arch-Bishops of Canturbury and York, the Earl of Pembroke Protector, and Hubert de Burgh Justiciary, thirteen other Bishops, nine great Abbats, eight other Earls, and fifteen Barons, but not one ordinary person. In the year 1219. the King kept his Christmas [6] Ibidem f. 304. n. 10. William Earl Marshal Dies, Peter Bishop of Winchester Protector. A. D. 1220. at Winchester: At that time William marshal the Elder Dyed, after whose Death, Peter Bishop of Winton was made the King's Protector or Guardian. King [7] Ibid. f. 309. n. 40. King Henrys Second Coronation. Henry was at Christmas at Marlebergh, being still under the Protection of Peter Bishops of Winchester. At Whitsuntide following, being the 17th of May, and the fifth year of his Reign, he was Crowned again at Westminster by Stephen Archbishop of Canturbury, in the presence of the Clergy and Laity of the whole Kingdom, (presentibus Clero & Populo totius Regni.) King [8] f. 310. n. 30, 40, 50. William Foret Seizeth 〈◊〉 Castle of Biham in Lincolnshire. Henry at Christmas kept his Court at Oxford with the Earls and Barons of the Kingdom. A. D. 1621. At this time William Foret without the King's knowledge left the Court, and went to the Castle of Biham, where after some few days, having gathered together some Armed men, he came in a Hostile manner to the Town of Tenham and plundered it; and caused the Grain of the Canons of Bridlington to be carried into the Castle of Biham; he likewise plundered the Town of Deeping with many other Towns, and by grievous Torments forced the Inhabitants to redeem themselves. It was said that Falcasius, And plunders the Country. Philip Mart, Peter de Malo Leone, and Engelard de Achie, were the chief Abettors of this Faction; who privately sent him Armed men to disturb the Peace of the Kingdom. In the mean time the Great Men of England (Magnates Angliae) met the King at Westminster to treat of the Affairs of the Kingdom (ut Tractarent de negotiis Regni) The Earl of Albemarle was Summoned, and pretending to come, The Earl of Albemarle seized Fotheringay Castle. went privately to the Castle of Fotheringey and took it, and having Fortified it with Armed men, he betook himself to Biham Castle: When the King and Council heard of this, a great Army was raised, and sent to Besiege the Castle of Biham; Biham Castle taken. The Earl of Albemarle pardoned After some short time the Besieged seeing no hopes of relief or escape, submitted themselves to the King's mercy on the 8th of February, who commanded they should be kept Prisoners till further order. The Earl of Albermarle was introduced to the King by the Archbishop of York, and at the intercession of Pandulf the Legate, the King was reconciled to him, * Ibid, l. 57 Too much Lenity gives encouragement to Rebels. because he had faithfully served both the King his Father and him. All the Knights and other Horsemen or Servants (Milites omnes & Servientes) were set at liberty without punishment or redemption, which gave encouragement to others to rebel, and to expect the same favour in the like Case. Gualo left England and * Mat. Westm. f. 279 lin. 6. returned to Rome in August or September in the year 1218. the 3d of King Henry; and Pandulph Elect of Norwich succeeded him as Legate, and came to St. Paul's in London on the Monday after the Feast of St. Andrew next following. The same year about the 8th of September, [9] Ibid. fol. 312. n. 10. Lewelin King of Wales Besiegeth Buet Castle, Lewelin King of Wales with a great Army Besieged the Castle of Buet, which belonged to Reginald de Braiosa, who sent to the King and importunately craved his assistance: The King having raised an Army marched thither; But the Welsh raised the Siege and fled at his approach: Then he marched toward Montgomery, where after he had plundered the Welsh, and got forage for his Army, he * Or rather Repaired it. built Montgomery Castle to hinder their incursions; for this Expedition the Great Men granted him a Scutage of two Marks of Silver of every Knight's Fee (Concedentibus Magnatibus de quolibet Scuto duas Marcas Argenti.) This year the [1] Ibid. f. 313. n. 10. The King of Scots marrieth Joan King Henrys Sister. Marriage between Alexander King of Scots, and johanna the King's Eldest Sister was Solemnised at York the day after the Feast of St. John Baptist; At the same time and place Hubert de Burgh Married the King of Scots Sister. The two Kings met there to treat of this * Claus. 5▪ Hen. 3. part. 1. m. 11. Dor. Her Jointure 1000 l. per Annum. Marriage, and a stricter Alliance than was before between them, on the Monday Seven-night after Trinity Sunday, and the jointure made to this joan Queen of Scots, which was in Lands, to the value of One Thousand Pounds by the Year, bears * Pat. 5. Hen. 3. M. 6. Dor. Date at York on the 18th of June M.CC.XXI. A. D. 1222. In the Year 1222. the King [2] Ibid. n. 20. kept his Christmas at Winchester, Peter the Bishop of that City provided all necessaries for him. This year a great Riot [3] fol. 315. n. 10, 20, 30, 40. A great Riot in London. happened in the City of London, upon the following Occasion, A great Wrestling was appointed between the Citizens and the Country people near adjoining, on St. James' day, wherein the Citizens were Conquerors; which was much stomached by the Steward of the Abbot of Westminster, he therefore appoints an other meeting at Westminster, on the 1st of August, to which the Citizens flocked in great Numbers; but found they had weapons, as well as men to contend withal, for the Steward and his Assistants being Armed, came upon them unawares, wounded many, and put the rest to flight. The Citizens returned into the City meditating revenge, and met in great Numbers. Serlo the Major hearing of their tumultuous proceed, came to them, and advised them to make their complaint of the injury they had received to the Abbot of Westminster, and if he would punish the Offenders to take that for sufficient satisfaction; Constantine a popular Citizen the chief Author of that Riot. But Constantine a man very popular among them, opposed this method, telling them, the Abbot and Steward deserved to have their houses pulled down and leveled with the ground. This Counsel was approved of, and executed by the rabble to the great prejudice of the Abbot. When Hubert de Burgh the Justiciary had notice of these Riotous proceed, he came to the City with some Troops of Soldiers, and Commanded the Principal Citizens should with speed come to him, of whom he inquired who were the Authors of this Sedition and Subverters of the King's City, His Answer to the Justiciary. and who they were that thus dare presume to break the King's Peace. Constantine answered, They had done less than they ought to have done, and would stand to what they had done: Adding, The King had violated his Oath; whereupon Lewis justly refused to perform what was covenanted between them. When the justiciary heard this Confession, he dismissed all but Constantine, and his Nephew, He is Hanged with two others. and one Geofry that proclaimed Constantine's Edict, whom he ordered to be hanged next day Morning. When the Rope was about Constantine's Neck, he offered 15000 Marks of Silver for Pardon, but to no purpose. When the Sentence had been pronounced without noise or the knowledge of the citizens, Falcasius with a Guard carried him by Water upon the Thames to the place of Execution. After this, * Ibid. n. 50. the justiciary and Falcasius (i e. Fawks de Breant) with a considerable Guard, went into the City; and whosoever he found Guilty of the Sedition he imprisoned, and caused either their Feet or Hands to be cut off, and then set them at Liberty; many fled for fear and never returned; The King punisheth the City of London for the Riot. And turns out the Officers. and for a greater punishment to the City, the Kings turned out all the City Magistrates, and appointed new Prefects, Governors, or Officers in their place. (Rex in majorem vindictam omnes Vrbis Magistratus deponens, novos in Civitate constituit Praefectos.) Not long after, the King * Append. n. 147. Thirty Hostages given for the security of the City of London. named Thirty persons to be Security, and Hostages for the Good Behaviour, preserving the Peace, and faithful Service of the City of London; The University or Community whereof, bound themselves to the King by a Chart, Sealed with their Commune Seal, to deliver them or more, to the King or Justiciary, whenever they were called for, and if any of them died, to add others. On the 29 th' of January following, the King * Append. n. 148. The King Lets the Office of Chamberlan of London at 100 l. per annum. Let out to Farm to William jonner Citisen of London, the Office of Chamberlan of London, with all things belonging to it, for two years, at One hundred pounds a year, to be paid into the Exchequer, Reserving to himself the Prizes or Customs of Grey Work, (that is Grey Cloth) of Wax, and Silk clothes, to be delivered to the King for his own use, by the Hand of the Farmer. In the year 1223. the King kept his [5] Ibid. f. 316. n. 50. The Archbishop and great Men desire a Confirmation of their Liberties. Christmas at Oxford, A. D. 1223. and on the 13th of January met his Barons at London in a Parliament or Conference (apud Lundonias veniens cum Baronibus ad Colloquium) where the Archbishop of Canturbury, and other Great Men (Et alii Magnates) Requested, that the King would confirm the Liberties and free Customs (Libertates & liberas Consuetudines) for which a War was made with his Father; urging moreover, that when Lewis departed from England, both he and all the Nobility of the Kingdom had sworn to observe, and cause to be observed those Liberties, and therefore could not R●fuse to do it; William Briwere one of the King's Counsellors replied, That the Liberties they desired, were violenely Extorted, and therefore ought not to be observed; The Archbishop in a Passion reproved him, and said, if he loved the King he would not hinder the Peace of the Kingdom. The King [6] Ibid. f. 317. l. 3. seeing the Archbishop moved, The King promiseth to preserve their Liberties. assured them, that he had bound himself by Oath to preserve their Liberties, and what was Sworn should be observed: And having called a Council, he forthwith sent his Letters to all the Sheriffs of the Kingdom to make inquiry by the Oath of Twelve Knights or Legal Men in every County, And causeth Inquisition to be made what they were. what were the Liberties in England in the time of King Henry his Grandfather, and to make a return of them to London, Fifteen days after Easter. The Contents of the * Append. n. 149. The Writ of Inquiry directed to Twelve Knights, etc. Writ itself, do in many things differ from this report of Mat. Paris, by which the Sheriffs were commanded to make diligent inquiry by the Oaths of Twelve of the most legal and discreet Knights of their Counties in a full County Court, what Customs and Liberties King John his Father had, the day in which the War began between him and his Barons concerning Lands and other things, within burgh's and without, and cause them to be proclaimed and observed in their Counties, and to cause the Inquisition and Writ to be returned to the King at Westminster on the Morrow of the close of Easter. This year while William Marshal [7] fol. 317. n. 10. Lewelin King of Wales takes two of the Marshal's Castles. The Marshal retakes them, And kills 9000 Welsh. Earl of Pembroke was busied in Ireland, Leolin King of the Welsh, took Two of his Castles, and put all to the Sword that he found in them, and placed Welshmen in their room; The Marshal having notice of what was done, returned with great speed into England, and forthwith Besieged these Castles, and retook them, and cut off the Heads of all the Welshmen, and then marched into Leolin's Country, and wasted all before him with Fire and Sword: Having totally defeated the Welsh, He took and slew about 9000, few escaping by flight. After this the same Lewelin, Prince of North-Wales, acknowledged by his * Pat. 7. Hen 3. M. 2. dors. Lewelin binds himself to give King Henry satisfaction for the damages done him. Chart, Sealed with his Seal, and witnessed by many Bishops, Earls, and Barons, That he had Sworn to give satisfaction to his Lord Henry King of England, and his People, within a reasonable time to be prefixed by the Archbishop of Canturbury, for the Damage done them by him and his People, from the day of the taking of the Castle of Kynardesly, unto the day of his Absolution, that is to say, Saturday the 7th of October, in the 7th year of King Henry's Reign; and for the performance hereof were bound with him Mereduc the Son of Robert, and many others. This year about the First of August died [8] Ibid. n. 30 Philip King of France dies. Philip King of France; when King Henry had notice of it, he sent the Archbishop of Canterbury, with three other Bishops to King Lewis, to demand the restitution of Normandy, King Henry demands the restitution of Normandy from King Lewis▪ with all other his Transmarine Dominions, according to his Oath when he left England; King Lewis answered, that he was justly possessed of Normandy and other Dominions, and was ready to make it appear in his own Court, if the King of England would come thither (Et ibidem juri parere) and stand to the Law; Who refuseth to restore them. And taxeth him with violation of his Oath. Adding that the King of England had violated his Oath, in putting those of his party he had taken at Lincoln to a a grievous Ransom; And also that those Liberties for which the War was begun, that were Granted and Sworn to at his departure, were not observed; when the Archbishop and the other Bishops could obtain no other Answer, they returned into England, and gave the King an Account of it. This year the Great Men of [9] fol. 318. n. 20. The Great Men complain of Hubert de Burgh. England (Magnates Angliae) complained and murmured against Hubert de Burgh the Justiciary, alleging that he exasperated the King against them, and that he did not duly administer Justice. But that which more especially provoked them was, That those Messengers he had sent to Rome were returned with a Bull from the Pope, directed to the Archbishops of England, and their Suffragans, declaring the King to be of full Age, The Pope declares the King of full age. and that all the Affairs of the Kingdom should be managed by him and his Council. The words of the Bull were as followeth, Quatenus Authoritate Apostolica denunciarent, Comitibus, Baronibus Militibus, & aliis Vniversis, qui custodias habebant Castrorum, Honorum, & Villarum Quae ad Regis Dominium spectabant, ut contnuo visis Literis Regi illas redderent, contradictores autem per censuram Ecclesiasticam ad satisfactionem compellerent. That by Apostolic Authority they should declare to the Earls, Barons, Knights, and all others who had the Custody of the King's Castles, Honours, and Towns; That upon sight of these Letters they render them to the King: And whoever refused, they should compel by Ecclesiastical Censure. Notwithstanding the greatest part of the [1] Ibid. n. 30 The Earls and Barons refuse to deliver up the King's Castles. etc. Earls and Barons (although admonished by the Bishops) did not render up their several Trusts, but rather conspired together to put themselves in Arms, to disturb the Peace of the Nation, then give the King satisfaction in the premises. In the year 1224. the King [2] The Earl of Chester threatens the King and Justiciary. The Archbishop threatens to Excommunicate him. kept his Christmas at Northampton, A. D. 1224. together with the Archbishop of Canturbury and his Suffragans, and a great number of Military Men; But the Earl of Chester with his Conspirators, kept that Feast at Leicester, swelling against, and threatening both the King and the Justiciary, because he was required to deliver up to the King the Castles and Lands he had in his Custody. The next day the Archbishop with his Suffragans Excommunicated all disturbers of the King and Kingdom, and Invaders of the Church, or its Rights, and gave notice to the Earl of Chester and his Complices, that unless the next day they resigned into the King's hands all the Castles and Honours that belonged to the Crown, they should be all excommunicated by name, as the Pope had commanded. The Earl and those that were with him, fearing the King's power, He yields up all the King's Castles and Lands. and dreading the Church Censures, came to Northampton, and submitted, and rendered the Castles and Honours that were in their custody into the King's hands; However, their indignation was not appeased, because the justiciary was not removed. The Authors [3] fol. 320. n. 10. The chief disturbers of the Peace. of this disturbance were the Earl of Chester, the Earl of Albemarle, John Constable of Chester, Falcasius with his Castellans, Robert de Vipont, Brian de Lisle, Peter de Malo-Leone, Philip Marc, Ingelrard de Athie William de Cantelupo, and William his Son, and many others, which did very much endeavour to disturb the Peace of the Kingdom. This year Lewis▪ [4] Ibid. The King of France appears before Rochel. King of France gathered together a great Army, and went to Rochel, and offered them a great Sum of Money to Surrender the Town and Swear Allegiance to him. The Rochellers seeing themselves * See Hubert de burgh's answer in Append. n. ●… He Buys the Town. forsaken by the King of England, consented, and delivered up the Town to the King of France, who placed a Garrison in the Town and Castle, and returned home without shedding one drop of Blood. In the Octaves of Holy Trinity, the King at a Parliament [5] Ibid. n. 30 A Parliament at Northampton, to consider of ●he Kings Dominions beyond Sea. Their intentions frustrated by the Rebellious Practices of Falcasius de Brent, A. D. 1224. at Northampton, met the Arch-Bishops, Bishops, Earls, Barons, and many others, to treat about the Affairs of the Kingdom, (Convenerunt ad Colloquium apud Northampton, Rex cum Archiepiscopis, Episcopis, Comitibus, Baronibus & multis aliis de Regni negotiis tractaturi.) The King being willing to take the advice of his Great Men, (uti consilio Magnatum) concerning his Dominions beyond Sea, which the King of France had in his possessions. But the following Rebellious Practice broke those measures. Martin de Pateshulle, Thomas de Muleton, and Henry de Braibo●, the King's justiciaries at Dunstable, had set a very great Fine upon Falcasius de Brent for the Rapine and Spoils he had committed. As soon as he heard of it, he Fortified his Castle at Bedford, and sent out some Armed men to take the justiciaries and bring them Prisoners to Bedford: who Imprisoned one of the King's Justices in Bedford Castle. But having notice of his Design, two of them made their Escape, and Henry de Braibrock was taken and imprisoned in the Castle. [6] Ibid. n. 40 The King and the Council being highly displeased at this insolence and injury offered to his Justiciary; it was unanimously resolved to lay all other business aside, and by force and Arms to reduce the Castle. But first the King's Messengers summoned them to Surrender, and were answered by William de Brent, Falcasius his Brother, They did not look [7] Ibid n. 50. The King Summons Bedford Castle upon themselves obliged to deliver it unless commanded by their Lord Falcasius; because they were not bound by Homage and fealty to the King. The King being enraged at this Answer, ordered the Castle to be Besieged, The Answer ●o the Summons. The Arch Bishop Excommunicates Falcasius and the Garrison. The Castle taken by Assault. and threatened (if taken by force) not to spare one man. The Archbishop and Bishops Excommunicated Falcasius, and all that were in Garrison in the Castle. But neither the King's threats, nor Ecclesiastical Censures could prevail with them to yield; After many Assaults the King's Soldiers entered the Castle. Many were slain and wounded, and the rest submitted to the King's mercy, [8] f. 321. n. 30. Twenty Four of the Garrison Hanged. whereof Twenty Four were Hanged for their insolence to the King after the Castle was taken; Falcasius beforehand had made his Escape out of the Castle, and fled into Wales, but by the intercession of Alexander Bishop of Coventry [9] Ibid. n. 40. Falcasius submits to the King's Mercy. He is committed to the Custody of the Bishop of London. he was introduced to the King, where falling down at his feet, he implored his mercy, urging his Services to the King and his Father in times of Hostility. Then the King by the advice of his Council, having first taken from him his Castles, Lands, and Goods, committed him to Custody of Eustachius Bishop of London till further Order, and caused the * Ibid. f. 322. l. 7. Castle to be Demolished, but gave the houses and ground to William de Beauchamp. After this the Parliament granted to the King 2 shillings of every Plough Land; and the King granted to the Great men Scutage, two Marks Sterling of every Knight's Fee, to be levied of their Tenants. [1] f. 322. l. 3. The King Grants to the great men Scutage from their Tenants. In the year 1225. King Henry [2] A Parliament at Westminster. . A. D. 1225. kept his Christmas at Westminster (Praesentibus Clero & Populo cum Magnatibus Regionis) The Clergy and Laity and the Great Men of the Kingdom being present; In this full Assembly Hugo de Burgh the King's Justiciary in the presence of the Archbishops, Bishops, and Earls, Barons, and all others (Coram Archiepiscopis, Episcopis, Comitibus, Baronibus, & aliis Vniversis) declared the Damages and Injuries the King sustained in his Dominions beyond Sea, wherein not only the King, but also many Earls, and others were outed of their Possessions; And seeing many were concerned, the Assistance ought to be proportionable; therefore he required their Counsel and Aid, That the Royalties of the Crown, and their Ancient Rights might be recovered, for the retrieving of which, He thought the Fifteenth part of all Movables, A Fifteenth granted. both of Ecclesiastics and Laic's might be sufficient. This being propounded [3] Ibid n. 20. the Archbishop and all the Bishops, Earls, and Barons, Abbats and Priors, after some deliberation, returned this Answer to the King; They would readily gratify his desires, if he would Grant to them their long desired Liberties, (Si libertates din petitas concedere voluisset. The Charter of Liberties, and of the Forest granted. ) The King agreeing to what the Great Men desired, Charters were forthwith Writ, and Sealed with the King's Seal, and one directed to every County in England. And to the Counties in which there were Forests, Two were directed; One concerning their common Liberties, the other concerning the Liberties of the Forest: The tenor of these Charters, is to be found in the History of King John, both being exactly alike. A Month after Easter a day [4] Ibid. n. 30. was set to choose Twelve Knights and Legal Men, (Duodecim Milites & Homines Legales) who upon Oath should distinguish the new Forests from the old ones; and what ever Forests were found to be made after the first Coronation of Henry the Second, were forthwith to be disafforested: The Council being ended, Charters were carried to every County, and by the Kings Command every one sworn to observe them. The way and manner of Levying this Fifteenth, was directed by the King, and because it was very particular, and worth noting, how Fifteenths were taxed in those times; the Record itself is Printed in the * n. 150. Appendix. On Candlemass-day following, the King [5] Ibid. n. 40, 50. The King Knights his Brother Richard, and makes him Earl of Cornwall and Poictou. He with others is sent into Gascoigny. The Knights and Soldiers of that Country come into him. He reduceth Gascoigny to Obedience. Knighted his Brother Richard, and Ten Noblemen with him, and made him Earl of Cornwall and Poictou; In the Spring he sent him, accompanied with William Earl of Salisbury, Philip de Albiney, and Sixty Knights into Gascoigny, who arrived at Bordeaux on Palm-Sunday, and was Honourably received by the Archbishop and Citizens. Then Richard opened the King's Letters, in which he desired (Omnes Homines & Fideles sui de Regionibus illis) All his Men, and those that had sworn Allegiance to him, in those countries', should give Aid and Advice to his Brother Richard, for the recovery of his lost Dominion. Upon this a great many Knights and Soldiers resorted to him, and received Wages from him. Then he marched with a great Army through all Gascoigny, and seized the Castles, of such as refused to do Homage and swear Fealty to King Henry, and wherever he met with opposition, he reduced them by force; and in a short time subdued all that Country, having first obtained a great Victory over the Earl of Mar●h, who was sent by the King of France to raise the Siege of Reole Castle. Rigord * De Gestis Ludowici. A. D. 1224. f. 399. n. 20.30. tells this Story otherwise, and the later French Historians follow him, He says that Lewis sent an Army under the Command of his Marshal to raise the Siege, and that when Earl Richard had notice of its coming to the River Garonne, he raised it, and shipped himself and Men, and went for England. In March following [6] f. 324. n. 20. Falcasius his Sentence. the Great Men met the King at Westminster at a Parliament or Conference (Convenerunt apud Westmonasterium ad Colloquium Rex & Magnates sui) where the King Commanded Sentence should be given against his Traitor Falcasius; what was to be done to him, the Nobility agreed with the King in this, (Proceres in hoc cum Rege consenserunt) That because both his Father and he had done faithful Service to the Crown many years, he should lose neither Life nor Limb; For ever to abjure the Kingdom, but should for ever abjure the Kingdom; Whereupon the King commanded William Earl of Warren safely to conduct him to the Sea, and as he entered the Ship, he adjured the Earl with Tears in his Eyes, to let the King know, that what ever he had done, He was encouraged in his Treason by the Great Men of England. was by the contrivance and encouragement of the Great Men of England; so he passed over into Normandy only with Five Servants or Horsemen, and assoon as he landed, he was taken and delivered to the King of France, where he was Sentenced to be hanged for the injuries he had done the French; But purging himself by Oath, and having taken upon him the Crusado, he was dismissed, and went forthwith to Rome, and with his Clerc Robert Pastelewe, was presented to the Pope. The same year about Easter, [7] Ibid. n. 40. Twelve Knights, etc. to walk the bounds of the Forests. Hugo de Nevil, and Brian de Lis●e, with others, were sent by the King through England, to cause Twelve Knights, or Free and Legal Men (Duodecim Milites vel Liberos & Legales Homines) to be chosen in every Province or County of the Forests, What was not ancient Forest was to be disafforested. to walk the bounds of them, and by Oath of those that lived therein, to find out which were the Ancient Forests, and which were to be disafforested. The King's Command was in a short time Executed, but not without some opposition, every one using the Liberties that were granted; They sold their own Woods, Hunted in them, and stubbed up, and ploughed such of them as were disafforested at pleasure. The Great Men, the Knights, and Free Tenants, made such use of the Common Liberties, that not one tittle contained in the Charter was pretermitted. Communibus libertatibus Magnates Milites, & libere tenentes adeo usi sunt, (quod nec Iota unum in Regis Charta Contentum extitit praetermissum.) This year [9] Ibid. n. 50. A Decree against Priests Concubines. came forth a Decree from the Archbishop, and his Suffragan Bishops, that the Concubines of Beneficed Priests and Clerks within Orders, (Infra sacros ordines constituti) should be denied Christian Burial, unless they repent whilst in health, or gave such testimonies of their penitence at the hour of death, (in extremis earum) as to deserve a Dispensation; And also so long as the Priests [1] f. 325. l. 1. kept them in their Houses or Publicly out of their Houses, they should be denied (the a. Osculum pacis in the Service of the Mass, anciently after the Consecration of the Host, a. The Kiss of Peace, what it was. when these words were pronounced, Pax Domini si● semper vobiscum, the Priests and People kissed one another with a soft gentle Kiss, which was called Osculum pacis, the Kiss of Peace, instead of which now they use a little Image which is called the Pax, and is delivered to the Priests and People by the Deacons and Subdeacons to be kissed. And People that were in Discord or Enmity one with another, used this Kiss as a token of Reconcillation. osculum pacis, & panem. b. Panis Benedictus, The Blessed Bread, what it was. was Bread that was Blessed by the Priest and given to the Catechumen (that is, such as inclined to Christianity, and desired to be Christians, but were not Baptised) to prepare them for receiving the Eucharist; This also was given to such as were at Enmity one with another, as a sign of Friendship and Reconcillation. But in this place it may signify the Eucharist itself. benedictum) The Kiss of Peace, and Blessed Bread. And also that after Childbirth they should not be Churched, till they had given sufficient Security to the archdeacon or his Official, to make satisfaction the next c. The Latin word is Ca●itulum, and in this place signifies a Convention of all the Curates, The Rural Deans Chapter, what it was. or Parish Priests within their Rural Deanery every First day of the Month, to Discourse of the Penitents and other Ecclesiastic Matters of every Parish within the Deanery; These meetings were called * D● Fres●● in verbis. Capitula Rura●ia or ●ale●ae, from meeting on the First day of the Month. Chapter after their Churching. All Priests in whose Parishes any such Concubines dwelled, if they did not give notice to the archdeacon or his Official, were to be suspended, and not to be Absolved without some severe penance. And if it could be proved a Priest had carnally [2] fol. 325. n. 10. known his Concubine, He should do public and solemn Penance: And if she were convicted of Adultery she was to be doubly punished, lest impunity in so great guilt, should give encouragement to others to offend in like manner. This year the Pope sent Otho [3] Ibid. n. 50. Otho the Pope's Legate comes with Letters from the Pope to the King. his Legate into England with Letters to be delivered to King Henry, which when he had read and understood the tenor of them, He answered the Legate, that he neither could or ought to determine any thing that generally concerned the Clergy and Laity of the whole Kingdom. Then by the Advice of the Archbishop, He appointed on the Octabes of Epiphany, to meet his Clergy and Laity at Westminster, to Treat upon the aforesaid business. Then the Legate moved the King in behalf of Falcasius, urging the great and faithful Services both to him and his Father in the late Wars. The King replied, that his Sentence passed, Note here the Omnis Clerus & Populus Regni, were the Magnates only, or Great Men; See his Sentence before. and he was condemned to perpetual banishment by the whole Clergy and Laity of the Kingdom by the Judgement of his Court (Ab omni Clero & Populo Regni per Judicium curiae suae). And although the Government of the Kingdom (Cura Regni) did more especially belong to him; yet he ought to observe the good Laws and Customs of the Land. When the Legate heard this, he forbore soliciting the King any further for Falcasius. Then the Legate [4] fol. 326. lin. 2. A. D. 1226. took of every Conventual Church Two Marcs of Silver for Procurations. In the year 1226. King Henry [5] fol. 328. lin. 1. The King tak●n sick at Marleborough. kept his Christmas at Winchester, some Bishops, and many of the Great Men being present. When the Solemnity was ended, the King went to Merleberge, where he was taken desperately ill, and continued so for many days; In the mean while the Feast of St. Hilary the prefixed time was come, That the King, with the Clergy and Great Men (Cum Clero & Magnatibus Regni) of the Kingdom, were to hear the Message from the P●pe. But however, according to the King's appointment, many Bishops with other Prelates, and a great number of the Laity met at Westminster on that day. Then the Legate opened his Letters, wherein the Pope complains, That it was an Ancient Scandal and Reproach cast upon the Church of Rome, That nothing could be transacted without great sums of Money, and plenty of Gifts; And seeing that which caused this Infamy was her poverty, it became Dutiful Children to supply their Mother's wants, The Pope desires an allowance of two Prebendaries of every Cathedral. And two Monks portions of every Abbey. which might easily be done, if out of every Cathedral Church two Prebendaries might be set apart for this purpose, One by the Bishop, the other by the Chapter; And also out of every Monastery where there is an Abbot and Convent, One Monks Portion from the Convent, and as much from the Abbot; and persuaded the Prelates to Consent to what the Pope desired. [6] Ibid. n. 30. The Bishops Answer to this Demand. When the Bishops and other Prelates had heard this Proposal, after some deliberation they gave their Answer by John Archdeacon of Bedford, who in the presence of the Legate, replied, That what was proposed, concerned the King specially, and generally all Patrons of Churches in England, besides Archbishops, Bishops, and innumerable Prelates; And seeing the King upon the Account of his infirmity, and some Archbishops, Bishops, and other Prelates were absent, they neither could nor ought to give an Answer which might tend so much to their prejudice. Then came John Marshal, and other Messengers from the King to the Prelates which held Baronies of the King in Capite, strictly forbidding them, from obliging their Lay-Fees to the Church of Rome, lest he should thereby lose his accustomed Service. Then the Legate desired another day might be appointed in Mid-Lent, and he would take care, the King and the Prelates who now were absent, should be there. But neither would they admit of this, without the [7] Ibid. n. 40. King's Consent. So they all went to their own home. At the same time [8] fol. 329. n. 20. The Pope makes the same demands in France. Romanus was by the same Pope sent Legate into France upon the like occasion; when he called an Assembly of the Clergy at Bourges, he finding the Pope's Demands would be opposed by them, craftily dismisses the Procurators of the Conventual Churches, imagining they should find a ready acceptance among the Archbishops, Bishops, Abbats, and Prelates. When this contrivance was perceived by the [9] Ibid. n. 40. and 50. They are opposed. Procurators, they sent to the Legate Procurators of all Cathedral Churches, who told him, they heard he had special Letters from the Court of Rome, to have Two Prebendaries assigned in every Conventual Church; wherefore they much wondered, seeing it more specially concerned them, it was not propounded while they were present; Adding, that they were very sensible it would be a great and an inestimable damage to the Gallican Church, and could never be effected, seeing the King, the Nobility, and generally all his Subjects were resolved to oppose it (usque ad expositionem Capitis, & omnis honoris privationem) even to the loss of Life and Honour; especially when it hazarded the subversion both of the Kingdom and Church. When the Legate heard their thoughts, he then showed them the Pope's [1] f. 330. l. 4. Bull, urging them to a compliance▪ upon the same reasons Otho the Legate offered to the English Clergy: To which the Archbishop of Lions [2] Ibid. n. 20. 40. The Archbishop of Lions answers all the Legates Arguments. gave such a full and satisfactory Answer, that the Legate professed he never consented to these exactions, but received these Letters after his entrance into France; ading he would urge nothing more, until he saw what the Prelates in other Kingdoms had done in this business. The same year Otho the Pope's Legate [3] Ibid. n. 50. Otho revoked. came into Northumberland in Lent, to Collect the Procurations that were in Arrear; He soon after (by the procurement of the Archbishop of Canturbury was revoked by the Pope) and an Injunction was laid upon the Archbishop (Vt Convocatis Rege & omnibus Angliae Prelatis. The King and Prelates meet about the Pope's proposals. ) The King and all the Prelates of England being Assembled to receive their Answer upon the business Otho was sent, and to transmit it to him. Then the King, after Consultation with the Prelates, and some of the Great Men, returned this Answer [4] f. 331. n. 10. They return a dilatory Answer. That though what the Pope urged concerned the Universal Church, yet he was ready to follow the example of other Kingdoms, and would see first what they did; and with this Answer the Assembly was dismissed. The King was very * Ibid. n. 40, 50. Earl Richard prospers in Gascoigny. solicitous about his Brother Richard and his affairs in Gascoigny, and much desired to pass over thither with some force: But while he was thus thoughtful concerning them, an Express came from his Brother, That he was well, and all things secceeded prosperously there; if so, Rigord and others were much mistaken, in affirming that he unsuccessfully returned into England. This year in September died Lewis [5] fol. 335. n. 10, 20. King Lewis dies. King of France, at the Siege of Avignion, and his Son Lewis was [6] fol. 335. n. 10.20. His Son Lewis is Crowned. A. D. 1227. Crowned at Paris the 30th of November following. In the year 1227. King Henry [7] fol. 336. n. 10.20. London paid 5000 Marks to the King. Northampton paid 1200 l. The Religious and Beneficed Clercs paid the Fifteenth. kept his Christmas at Reading, but soon after came to London, and accused the Citizens for giving 5000 Marks of Silver to Lewis the late King of France, at his departure out of England, and compelled them to pay the same sum to him, and Levied, besides the Fifteenth part of all their Movables and Goods, as it had been granted unto him by the whole Nation: From the Burgesses of Northampton, he took for an Aid 1200 l. besides the Fifteenth, which all other People paid. The Religious and Beneficed Clerks were forced to pay the same, as well out of their Ecclesiastic as Lay-Goods. Their Appeal to the Pope did not avail them any thing; for those whom the King's Authority could not, the Papal Power by Ecclesiastical Censure forced them to pay. In February following the King [8] Ibid. n 30. The King declares himself of age. called a Council at Oxford, where He declared that He was then of * He was born on the First of Octob. A. D. 1206. And Cancels the Charters. full Age, and would take the management of Public Affairs into his own hands, and by the Advice of Hubert de Burgh his Justiciary, he removed from his Court, Peter Bishop of Winchester, His Protector in his Minority; In the same Council He Canceled and Voided all the Charters of the Forests in every County, which for two years before had been observed in the whole Kingdom; alleging that what was then done was in his Minority, (Cum nec sui Corporis aut Sigilli aliquam potestatem habuerit) when he had no power of his Person or Seal, and upon that account was invalid. The people Murmur and accuse Hubert de Burgh. This occasioned great Murmur, every one accusing the Justiciary, and looking upon him to be the Author of this disturbance, because the King was wholly guided by him. Soon after the [9] Ibid. n. 40 Religious, and all others had notice, that if they would enjoy their Liberties, they should renew their Charters, otherwise the Old ones should be no advantage to them; and what they were to pay for them, was left to the discretion of the Justiciary. This year Died [1] Ibid n. 50. Honorius the Pope Dies, Gregory the ninth chosen. The King sends to his Great men in France. Pope Honorious, and Gregory the Ninth, Bishop of Hostia succeeded him March 18th. About Easter the Archbishop of York, the Bishop of Carlisle, and Philip de Albiney returned from beyond Sea; They were sent to the Great men of those Countries, which of Ancient * That is, Normandy and Anjou, Britain and Poictou, To induce them to return to his Obedience. They had before done Homage to the King. right belonged to the King of England; And were to induce them by large promises to receive King Henry and Acknowledge him their Natural Lord. But the King of France, by his Mother's Contrivance made Peace with those Barons, and had received their Homages, before King Henry 's Messengers came thither, so they returned without effecting any thing; In May following Richard the [2] f. 337. n. 10. Richard Earl of Cornwall returns into England. Hubert de Burgh is made Earl of Kent. The King and his Brother Richard Disagree. King's Brother came into England and was joyfully received both by the King and the Great men. This year Hubert de Burgh the Justiciary was made Earl of Kent by the King, and by Cincture, with the Sword of the County. In the same year on the 9th of July a great difference arose between King [3] Henry and his Brother Richard Earl of Cornwall upon this occasion; King John had given to Waleran Castellan of Berchams●ead a German, a Manner that belonged to the Earldom of Cornwall; which when Earl Richard understood, he seized it, until Waleran made out by what right he claimed it. As soon as Waleran had notice of it, he made his complaint to the King, whereupon the King sent to his Brother, forthwith upon sight of his Letters to render the Manner to Walran. Earl Richard in great haste went to the King, and pleaded his right to the aforesaid Manner, offering to stand to the Judgement of his Court (& Magnatum Regni) and of the Great men of the Kingdom; The King and the Justiciary hearing him name the Great men, were highly enraged, and commanded him either to yield the Manner, or for ever departed the Kingdom; to which Earl Richard replied, That he would neither part with the Manner, nor leave the Kingdom (sine judicio parium suorum,) without the Judgement [4] Ibid. n. 30, 40, 50. The Justiciary adviseth the King to secure his Brother. of his Peers, and forthwith made what haste he could to his own House. The Justiciary when he heard his Answer, fearing he might Disturb the Peace of the Kingdom, advised the King to Secure him, and set a Guard upon him. The Earl having notice of this Design, went immediately to Redding, and from thence to * i e. Marlborough. He Confederates with the Great men against the King. Merleberg, where he met with his Friend and Sworn Confederate William marshal, to whom he declared what passed between the King and him; together they went to the Earl of Chester and gave him an account what had happened; from thence they went to Stamford, where in a short time according to appointment met with Horse and Arms, Ranulph Earl of Chester, William marshal, Richard Earl of Cornwall, Gilbert Earl of Gloucester, William Earl of Warren, Henry Earl of Hereford, William Earl of Ferrars, William Earl of Warwick, with many Barons and a great multitude of Armed men, They Demand the Charters which were Canceled, may be new Sealed. The King gives his Brother satisfaction. who entered into a Confederacy to force the King both to satisfy for this injury that was done to his Brother Richard, which they imputed to the justiciary, and to restore those Charters of Liberties lately canceled at Oxford, Sealed with his own Seal. Upon this the King appointed them to meet him at Northampton the 3d of August, where he gave all his Mother's jointure to his Brother Richard, the Great men urging it, together with all the Lands that belonged to the Earl of Britain in England, which were the Earl of Bologn's lately Deceased; so every one departed peaceably and satisfied. In the year 1228. the King [5] Ibid. f. 344. n. 20. The King appoints new Measures of Grain, Wine, and Ale. kept his Christmas at York; but soon after came directly to London: In his journey he found the Measures of Grain, Wine and Ale to be false: He commanded some of them to be broken, and the rest to be burnt, and ordered others of a larger size to be made, and the weight of bread to be increased; and Commanded the Offenders to be severely fined. This year July 9th Died [6] f. 350. l. 1 Stephan Langton Dies. The King Refuseth to accept the person the Monks did choose. The Suffragan Bishops also refuse him. All parties Appeal to the Pope, He defers the Confirmation. Stephen Langton Archbishop of Canturbury, and the Monks of Canturbury obtained leave of the King to choose one of their own Church: They having made choice of Walter de Hemesham, presented him to the King, who refused to accept him, both because his Father was hanged being Convicted of Theft, and also because in the time of the Interdict, he had appeared against his Father King John. The Suffragan Bishops of Canturbury refused to accept him, because he had corrupted a Nun, and had Children by her, and also because he ought not to be chosen without them. Both sides apply themselves to the Pope, One to get the Election confirmed, and the Other to hinder it. When the Pope saw both parties vigorously prosecuted their Suit, by the Advice of his Cardinals he determined nothing, but put it off till the Day after Ash-wednesday following. In August following the Knights and Soldiers that were in Montgomery Castle, [7] Ibid. n. 30, 40, 50. The Welsh disturb the English in making a way through the Woods. by the Assistance of the Country people designed to make the way through an adjacent Wood, more passable and secure for Travellers; and when they were at work in clearing the Thickets, the Welsh on a sudden came upon them, killed some and forced the rest to retire into the Castle, and presently besieged it. When King Henry had notice of it, he and the Justiciary (to whom the King had given the Castle) came speedily with a small Army and raised the Siege. When he had received additional Forces, he Marched towards the aforesaid Wood: And having cleared the way by great labour and burning so far as to a Religious House called Cridie, the Receptacle of the Welsh, he commanded it to be Fired. A new Castle built by the English. King Henry makes a disadvantageous Peace. The new Castle Demolished. When the justiciary upon view of the place found it to be of an Impregnable Situation, commanded a Castle to be built there: But all the time it was in building, the Workmen were frequently interrupted, and many killed by the Welsh, and the King finding many of his own Army inwardly favoured Leolin, was forced to make a disadvantageous Peace, whereof this was one Article; That this Castle should be demolished, and Leolin should give the King for his charges three Thousand Marks. A. D. 1229. In the year year 1229. the King [8] f. 353. n. 20 The Archbishop of Bordeaux comes to invite the King into France. With large promises of assistance. The King gave him a slight dilatory Answer. kept his Christmas at Oxford, the Great Men being with him; while he was there the Archbishop of Bordeaux came to him from the Great Men of Gascoigny, Aquitan, and Poictou, and also Messengers from Normandy to solicit the King to come in person into those countries', assuring him that they would be all ready, with Men, Horse and Arms to assist him in recovering his ancient Inheritance, (Vt posset revocare amissas Haereditates.) The King by the advice of his Justiciary, (whose Counsel he he followed in all things) Answered them, he could not comply with them at present, but would wait for a more convenient opportunity. So the Messengers returned without any other Answer. [9] f. 355. l. 4. The King's Messengers attend in vain, The Pope's resolution without Money. They promise him a Tenth of all Movables in England and Ireland. Alexander Bishop of Chester, Henry Bishop of Rochester, and Master John de Houghton Archdeacon of Bedford, the King's Messengers at the Court of Rome, according to appointment attended on Ash-wednesday for the Pope's determination, concerning the Elect of Canturbury; But finding both the Pope and the Cardinals very difficult to be prevailed upon by Petitions, promised on the King's behalf (Ex parte Regis) a Tenth of all Movables from all England and Ireland to be paid to the Pope toward his carrying on the War against the Emperor. The Pope joyfully embraced this offer, and forthwith caused the Election made by the Monks to be [1] Ibid. n. 20. The Pope voids the Monk's election. And makes Richard Chancellor of Lincoln Archbishop. voided, and Richard Chancellor of the Church of Lincoln, was promoted by the Pope to the Archbishopric, without Election, by the consent of the King and the Bishops, and his Election confirmed by the Pope. This year the Pope sent his Chaplain [2] f. 361. l. 1. Stephan the Pope's Chaplan comes into England to collect the Tenth. Stephan into England, to Collect the Tenths that were lately promised, towards the defraying the charges of his War against Frederic the Emperor. Assoon as the King understood his Message, He [3] Ibid. n. 40. The King calls a Parliament or Conference of the Great Men. caused the Archbishops, Bishops, Abbats, Priors, Templars, Hospitallers, Earls, Barons, Rectors of Churches, (Et qui de se tenebant in Capite) and those which held of him in Capite, to meet him at Westminster ( * The Second Sunday after Easter. Stephan declares his Message from the Pope. Dom●nica qua cantatur Misericordia Domini) to treat upon the abovementioned business and other Exigencies. When they were met, Stephan▪ opened and recited to them the Pope's Letters urging, both the Occasion, Necessity, and Expediency, which required, that what was promised by the King's Messengers, should be consented to, and Granted. When he had ended his Speech, all expected the King [4] f. 362. l. 4. The King obliged by his former promise, did not oppose the collection of the Tenth. would have opposed it, but he being tied up by the forementioned promises, (Factus est Baculus arundineus cujus fragmenta vulneraverunt in se confidentes) became like a broken Reed, which wounded those that leaned upon it, by his Silence seemed to consent. But the [5] Ibid. n. 10. The Bishops, Abbats, etc. consented to avoid Excommunication. Earls and Barons, and all the Laity opposed it, resolving they would not oblige their Baronies, and Lay-Fees to the Court of Rome. But the Bishops, Abbats, Priors, and other Prelates, after three or four days deliberation, and no small reluctancy, consented, lest (if they opposed,) they should incur the Sentence of Excommunication.) Then Stephan [6] Ibid. n. 20. The Tenth was to be paid without any deductions. shown them the Pope's Letter, whereby he was Commissionated to Collect the aforesaid Tenths, which were to be paid out of all their Profits whatever, without any deductions either of Debts or Expenses, and was empowered to Excommunicate whoever refused; and also to interdict their Churches: And because the business required speed, he gave notice to the Prelates that they should forthwith pay down what was due upon the Tenths, and afterwards levy it upon every one by way of Tax, which Exaction proved so grievous, that they were forced either to Sell [7] Ibid. n. 40. Stephan brought over Usurers to lend money to such as were not able to pay the Tenth down. or Pawn their Vestments, Chalices, and other holy Vessels belonging to their Churches. Moreover, he exacted the Tenths of the Autumnal fruits of the Earth while they were yet in the Bud; All which they were forced to procure and pay to avoid Excommunication, and Interdict. And for the more ready raising of Money, he brought with him certain wicked Usurers, (quosdam foeneratores nequissimos) who supplied the Indigent with money, which they were compelled to borrow, although they were thereby irrecoverably ruined. Ranulph Earl of Chester [8] f. 363. l. 3. Ranulph Earl of Chester. The Clercs and Religious that depended upon him only opposed it. was the only Man that opposed this Exaction, not permitting any Religious Man, or Clerks, upon his Lands to pay any of the abovementioned Tenths, notwithstanding they were paid every where besides in England, Wales, Scotland and Ireland. The same year on Michaelmass Day, the King [9] f. 363. n. 30 The King Summons the Nobility of England to pass beyond Sea with him. There wanted Ships to Transport them. caused the whole Nobility of England, viz. the Earls, Barons, and Knights to meet together at Portsmouth, (congregavit apud Portesmue totam Nobilitatem Regni Angliae, Comites, videlicet Barones, & Milites) with such a great Number of Horse and Foot, that none of his Predecessors ever gathered so great an Army together. The King intended to pass over Sea to recover those Dominions his Father had lost. But when the Chiefs and Mareschalls of the Army came to Victual the Ships, there were not enough to carry over one half of the Army. When this came to the King's knowledge he was highly enraged, and laid the whole blame upon [1] Ibid. n. 40 The King accuseth the Justiciary, for that Defect. The Earl of Britan comes for the King. Hubert de Burgh his Justiciary, and openly called him Traitor, reproaching him for receiving 5000 Marks from the Queen of France to put a stop to his design; at length the King was raised to such a height of passion, that he drew his Sword and would have Killed the justiciary, had nor Ranulph Earl of Chester, and some others interposed, and prevented it. On the 9th of October following, Henry Earl of Britain landed in England, to conduct the King over Sea, as he was bound by former Agreement and Oath, who advised the King to lay aside all thoughts of passing over Sea till Easter following, because it was dangerous Sailing, and a Winter Voyage might be to his loss. Upon this the King gave [2] Ibid. n. 50. The Justiciary reconciled to the King. The Earl of Britan restored to his rights in England. every one liberty to go home again, and the Justiciary was reconciled to him. Then that Earl did Homage to the King (contra omnes homines de Britannia) against all men of Britain, and the King restored to him all his right in England, and having given him 5000 Marks for the defence of his own Dominions, he dismissed him. In the year 1230. A. D. 1230. the King [3] f. 364. n. 40. The King of England, and King of Scots, meet at York at Christmas held his Court at York with the King of Scots, who was invited thither together with the Archbishop of the place, Earls, Barons, Knights, (Et familia magna nimis) and an over great multitude of their followers. Having celebrated the Festivity with great joy and liberality for three days the King of Scots returned into his own Country, and the King of England to London. This year [4] f. 365. n. 10. A great Sum of Money Granted to the King. the Arch-Bishops, Bishops,, Abbats, and Priors, throughout all England gave the King a great Sum of Money for the recovering his Rights which were taken from his Father beyond Sea; And upon the same Account the citizens of London were put to a grievous Redemption, and the Jews forced to pay the third part of all their substance. On Easter following, the King [5] f. 365. n. 20. The King passeth over into Britain. The Earl thereof delivers up his Towns and Castles to him. Many of the Nobility did Homage, and Swear fealty. gathered together a very great Army of all that ought him Military Service at Reding; and Marched from thence to Portsmouth the 30th of April, and there took Ship with the greatest part of his Army, and Landed at St. Malo on the 3d of May. He was very kindly received by the Earl of Britain, who delivered up to him the strong Towns and Castles of that Country, and many of the Nobility did Homage, and Swore Fealty to him; But Andrew de Viteri with some others refused, and fortified their Castles. As soon as the King of France heard of this, he raised an Army and came to An●ou, and posted himself there to hinder King Henry 's March into Poictou, who continued yet at Nants expecting the residue of his Army. About this time [6] Ibid. n. 50 Discord between the French Nobility. there happened a great discord among the French Nobility, many of them (as was reported) being Confederated with the King of England, and Earl of Britain, the chief of which were the Duke of Burgundy, the Earl of Bologne, the Earl of Drius, the Earl of Mascu, the Earl of St. Paul, the Earl of Bar, They Arm against the Earls of Champaign and Flanders. Engeram de Curci, and Robert de Courteney, these declared War against the Earls of Champagne and Flanders, and having been forty days in the Siege of Anjou, obtained leave of their King and returned home; The King seeing he could not keep them there, presently followed, and endeavoured to make Peace between them, and the Earls of Champagne and Flanders, but could not; They entered Champagne and destroyed all before them with Fire and Sword: The Earl of Champaign Defeated. The Earl raised an Army to oppose them, but was soon defeated and put to flight, whom they pursued to the Gates of Paris. [7] fol. 366. n. 10. Suspected for Poisoning of King Lewis, and of too much Familiarity with the King's Mother. That which moved these Great men so much against the Earl was, That they suspected him to have a hand in poisoning King Lewis at Abignion, of which they had accused him before the young King, and challenged him to answer it by Duel; But through the powerful influence of the Queen the King's Mother, he would hear nothing against him. Hereupon they left the Court, and occasioned great Commotions in France, disdaining to have such a Mistress as had polluted herself with the unchaste actions both of this Earl and the Pope's Legat. While King Henry and William Marshal were busied in France, [8] Ibid. n. 20 The Irish endeavour to Extirpate the English. the Irish thought they had a fair opportunity to rid themselves of the English, gathered a great Army under the Conduct of the King of Connaught, who ravaged and destroyed with Fire and Sword the King of England's Country. When Gaufrid de Marisco the King's Justiciary in those parts, heard what they had done, by the assistance of Walter de Lasci, They are Defeated. and Richard de Burgh raised an Army, and by Stratagem defeated them, and slew 20000 of them, and took their King and kept him close Prisoner. About the same time [9] Ibid. n. 40. Several Noblemen of Normandy invite King Henry into that Country. Fulco Paganel, and William his Brother, noblemans of Normandy, came to King Henry in Britain, and swore Fealty, and did Homage to him; and also about Sixty Knights, stout and powerful Men, who persuaded him to enter Normandy with an Army, and he should not in the least doubt success. The King liked the Advice, but Hubert de Burgh the justiciary would not suffer him to follow it, alleging the Attempt to be every way dangerous; He was unseasonably diverted, to their ruin. So these Noblemen went away miserably disappointed; for the King of France forthwith seized their Castles and Estates. After this, by the [1] Ibid. n. 50. The King receives the Homages of many People in Anjou, Poictou, and Gascoigny. advice of Hubert de Burgh, the King marched with his Army through Anjou into Poictou, and from thence into Gascoigny, where having received their Homages, and secured the Country, he returned into Poictou, and received the Homages of many persons; in this Cavalcade, he took the Castle of Mirebean. In the Month of * Ibid. f. 267. n. 10. A Parliament or Colloquium in France. Peace made between the Noblemen. The Conditions of the Peace. September, the King of France and his Mother met at a Parliament or Conference (Convenerunt ad Colloquium, etc.) with the Honourable and Great Men of that Kingdom, who after the death of the King's Father had made War one upon another; in which Treaty, Peace was made upon the following Conditions, First, That the Earl of Champagne, the principal Author of this Discord, should undertake the Croysado to the Holy-Land, and there with an Hundred Knights fight against the Enemies of Christ. Secondly, That the King of France and his Mother should swear upon the Holy Gospels, That they would restore to every one their Rights, and that they would Judge all Men of that Nation according to right Custom or Law, due to every Man. In the mean time King [2] Ibid. n. 20.30. The English Army lies idle in France. Spend their Money, pawn their Horses. The King returns into England. Henry with his Army lay idle at Nantes doing nothing but spend his Treasure. The Earls and Barons seeing Hubert de Burgh would not permit them to fight with their Enemies, Feasted according to the English manner, and invited one another, and Drank as if it had been Christmas; Those which were poor, having spent all their Money, Sold or Pawned their Horse and Arms: At length the King in October having provided for the defence of that Land, left 500 Knights, and 1000 Stipendiary Servientes, or Horsemen, under the Command of Ranulph Earl of Chester, William Marshal, and William Earl of Albemarl, shipped himself and Landed at Portsmouth on the 26th of that Month. After the King's departure [3] Ibid. n. 40. The English make an inroad into Anjou and Normandy. the Earl of Chester and others whom he had left the Chief Governors of his Army, made an Incursion with the whole Army into Anjou, and took Gontier Castle, demolished it, and burned the Town▪ and soon after entered Normandy in like manner, and took the Castle of Pontorsun, and leveled it with the ground, and burned the Town; they returned into Britain with great spoils, without any loss to themselves. A. D. 1231. In the year 1231. [4] Ibid. n. 50. A Parliament or Conference. The King demands three Marks Scutage of every Knights Fee. The King at Christmas kept his Court at Lambeth, and on the 26th of January He met his Prelates and Great Men at Westminster, (Convenerunt ad Colloquium apud Westmonasterium Rex cum Prelatis, & aliis Magnatibus Regni) where the King required a Scurage, three Marks of every Knight's Fee, of all that held Baronies of him, whether Laics or Prelates. But Richard Archbishop of Canturbury, and some Bishops opposed it, alleging that ecclesiastics were not to be Taxed, by, and with Laymen, for that in Transmarine Countries, Scurage was Granted by Laics without them; However, all the rest, as well Laics and Clercs, as Prelates, readily submitted to the King's pleasure. Soon after the Archbishop of Canturbury [5] fol. 368. n. 10.20. The Archbishop Complains to the King of the Justiciary. The King asserts his Prerogative. complained to the King that Hubert the Justiciary had possessed himself of the Castle and Town of Tonebridge, and other Lands that belonged to the late Earl of Gloucester, deceased, for which Homage was due to the Church of Canturbury: To whom the King replied, That the abovementioned Earl held of him in Capite, and that it was his Prerogative to dispose of the Wardships of Earls and Barons, and of their Heirs, to whom he pleased, till they should come to full Age. When the Archbishop could obtain no other Answer, He Excommunicated all that had entered upon the aforesaid possessions, The Archbishop goes to Rome. The King sends to defend his cause. Richard Earl of Cornwall Marries the Countess. and also every one (except the King) that should converse with them, and then went to Rome to prosecute his Suit in that Court; The King likewise sent Roger de Canteln with some others, to plead his Cause before the Pope. This year at Easter Richard the King's Brother Married Isabel Countess of Gloucester, Sister to William Marshal Earl of Pembroke; which William died immediately after that Solemnity. This year in May the [6] Ibid. n. 30. The Welsh make incursions into England. The Bishops Excommunicate them. Welsh under their King Leolin made many Incursions and great spoils upon the Borderers of Wales, sparing neither Sacred Persons nor Places; when the Bishops and Prelates heard of it, they Excommunicated Leolin and all his Favourers, and Abettors; and the King having raised an Army to repress them, built Maud- Castle, which the Welsh had formerly demolished, and placed a strong Garrison in it, to hinder their incursions: Having finished this Castle in October, he returned into England, Ibid, fol. 370. n. 30. This year in June [7] fol. 369. n. 30. The King of France designed to invade Britain. His Carriages, Victuals, and Warlike Engines taken. A Truce for three years. the King of France with a great Army designed to invade Britain; but was prevented by the Earls of Britain and Chester, who had prepared an Ambush to intercept the Carriages of his Army, with the Victuals and Engines, which so effectually succeeded, that they took and destroyed them all. The French being thus surprised and discouraged, a Truce was agreed upon and concluded for three years, between the two Kings. On the King of France his part by the Archbishop of Rheims, and Earl of Bologne; and on the King of England's part by the Earls of Britain, and Chester, who soon after came into [8] Ibid. n. 40. Richard Marshal offers Homage for his Brother's Estate. England with Richard Marshal, and were very honourably received by the King. Then Richard Marshal offered to do Homage to the King, and whatever else was required of him, as Heir to his Brother William Marshal deceased. To whom the King by the advice of his Justiciary gave this Answer, That He heard his The King refuseth to receive his Homage, and Commands him to departed the Kingdom. Brother's Wife was with Child, and would not determine any thing till that was certainly known; adding moreover, that He had confederated with his Enemies in France, and upon that Account commanded him to departed the Kingdom within fifteen days; and never to return again, upon pain of perpetual imprisonment. When he received this Answer from the King, he passed over into [9] Ibid. n. 50. He resolves to recover his Inheritance by force Ireland, where he was kindly received, had all his Brother's Castles delivered to him, and had Homage with Fealty done him. Also Pembroke Castle, with the Honour belonging to it, was yielded to him; After this he got together a great number of Armed Men, resolving, if necessity required, to recover his Inheritance by force. The King upon this changed his Thoughts, and accepted his Homage and Fealty, The King accepts his Homage. and granted him all his Rights, taking only the accustomed Relief. About this time [1] fol. 370. lin. 1. The Archbishop of Canturbury goes to Rome to complain of the King and the Justiciary. Richard Archbishop of Canturbury arrived at Rome, and in the Pope's presence made the following complaints, viz. That the King was wholly guided by Hubert the Justiciary; that the Affairs of the Kingdom were transacted by his advice, without consulting his Great Men. That the Justiciary had Married his former Wife's Kinswoman, and had invaded the Rights of the Church of Canturbury, and refused to restore them. That the Bishops his Suffragans neglected their Pastoral care, and had betaken themselves to Plead Lay-Causes in the Exchequer, and gave Judgements in Cases of Blood. That Beneficed Clerks, and such as were in Holy Orders, had many Churches with Care of Souls, and according to the examples of Bishops, intruded themselves upon Secu●●r business. On the other side the King's Messengers pleaded many things on the Kings and the Justiciaries behalf, but to very little purpose; The Pope favours him. for the Pope had Commanded that the Archbishop should have his business forthwith dispatched, according as he desired. He dies in his return home. But in his return home he died at St. Gemma, three days journey from Rome, the 3 of August, and the whole Transaction expired with him. In October [2] Ibid. n. 30. The King desired to have Married the King of Scots Sister Is persuaded not to do it. the King offered to Marry the King of Scots Sister, but the Earls and Barons, and especially the Marshal opposed it; alleging it did not become the King to Marry the Younger, when his Justiciary had married the Elder Sister. At length he was prevailed upon by the Earl of Britain and the Marshal to desist. After this he gave to the Earl of Britain 5000 Marks of Silver, and so he returned into his own Country. The Monks of Canturbury having chosen [3] Ibid. n. 40. The Monks of Canturbury choose Ralph Bishop of Chichesher, Archbishop. The King accepts their choice. Ralph de Nevil Bishop of Chichester, and Chancellor of England, Archbishop, presented him to the King on the 19th of September; The King accepted their choice, and forthwith invested him with the Manors, and other Rights belonging to the Archbishopric, Then the Monks desired their Elect to allow them Money for their expenses in their journey, and at the Court of Rome to procure the Election to be confirmed. He replied, He thought it was Simoniacal, and upon that account would not consent to allow one Farthing. However, the Monks proceeded in their journey, and petitioned the Pope to confirm their choice. But he being before informed of the Person by Simon Langton, [4] fol. 371. lin. 1. gave them this Answer, That he was an illiterate Man, and a Courtier, and if he were promoted to that Dignity, he would concur with the King and Kingdom to shake off the Papal Yoke that King John had put the Kingdom under. Upon this, the Pope voided the Election, The Pope voids the Election. and Commanded the Monks to proceed to a new choice, of one who would be faithful and devoted to the English and Roman Church. A. D. 1232. In the year 1232. King Henry [5] Ibid. f. 372. n. 40. The King calls a Colloquium, or Parliament. Demands a general Aid. The Earl of Chester said none was due from the Barons and Knights, because they had served the King in person. The Laics depart from the Parliament. The Clergy, because many were absent, desire another time to treat about the Aid. kept his Christmas at Winchester, and upon the 7th of March He met the Great Men, as well Prelates as Laics at Westminster (Convenerunt ad Colloquium, apud Westmonasterium ad vocationem Regis Magnates Angliae tam Praelati quam Laici) to whom the King declared, That his late Expedition beyond Sea, had involved him in great Debts; whereupon he was now forced to require of every one a general Aid. (Vnde necessitate compulsus, ab omnibus generaliter Auxilium postulavit.) To whom Ranulph Earl of Chester replied in the Name of the Great Men: That the Earls, Barons, and Knights, which held of him in Capite, had personally served him, and had been at great expenses to no purpose, whereby they were reduced to poverty, (Vnde Regi de jure Auxilium non debebant) and therefore of Right they ought not Aid to the King. And then having asked leave, all the Laics departed; But the Prelates answered the King, That many Bishops and Abbats who were summoned, were not yet come come thither, and therefore desired it might be deferred, and a day appointed for all to meet together, and consult what ought to be done in that business; which was agreed to, and the * See September 14 th'. of this year. Fifteenth day after Easter, was appointed for their meeting. This year [6] fol. 375. n. 10. A. D. 1232. Corn and Money taken from the Italian Clergy, and distributed to the Poor. many Armed Men of good quality, with others of less reputation, violently entered into the Barns of the Roman Clergy that were Beneficed in England, and carried away, and largely distributed their Corn, and sometimes Money among the poor. There were about Fourscore, and sometimes fewer, that were the Authors of this presumptuous Attempt: But William Witham, or Robert * Alias Twenge, the chief Author of that Attempt. Thing a Knight, was their chief Governor, to whom they paid a ready Obedience. When these disorders had reached the Pope's Ears, He sent very severe Letters to the King, blaming him for permitting such Rapine to be executed on Clergymen; and Commanding him upon pain of Excommunication, and Interdict, to make close inquiry after the Authors of this violence, and to punish them according to their offence, that others might be terrified from committing the like. The Pope by his Letters Commissioned [7] Ibid. n. 30. The Pope sends a Commission to inquire of the Transgressor's, who were to be Excommunicated. Peter Bishop of Winchester, and the Abbot of St. Edmund's, to make an Inquisition in the South of England; and in the North the the Archbishop of York, the Bishop of Durham, and John a Roman and Canon of York, to make a strict search, and whomsoever they found Transgressor's, they should Excommunicate them, and send them to Rome to be Absolved. When the [8] Ibid. n. 40, 50. Many are accused and imprisoned. Inquisition was executed, and Witnesses examined upon Oath, a great many were found, either actually guilty of the abovementioned Rapine, or consenting to it; there were some Bishops, and some of the King's Clerks, with some Arch-Deacons and Deans; with many Knights and Laymen, many High Sheriffs, their Bailiffs, and other Ministers, were by the Kings Command taken up, and committed to prison; Hubert de Burgh is accused. others through fear fled and could not be found. But Hubert de Burgh the Justiciary, was accused as a Transgressor, for that he had Granted the King's Letters Patents, and his own, that they should not be hindered in their violent actings; amongst others, there came to the King William Thing, Robert de Twenge justifice what he had done. who had caused himself to be called Robert Wither, or Witham, and brought with him five Esquires, who were his Coadjutors, and openly professed that he had plundered the Roman Clergy, to revenge the Injury he had formerly received by the Pope's Sentence, whereby, he endeavoured by manifest fraud, to force from him the only Church he had in his Gift; adding, he had rather for a time be unjustly Excommunicated, than to lose the Patronage of his Benefice without due Judgement: Then the King and Inquisitors advised him to go to Rome, and make out his Right before the Pope, and pray his Absolution. The King gave him Testimonial Letters of his Right to the Pope, desiring him earnestly for his sake to give the Knight Audience. The Convent of Canturbury [9] fol. 372. n. 50. & fol. ●76. lin. 1. The Monks of Canturbury choose their Prior Archbishop. He renounceth his Election. The Pope commands the Monks to choose another. chose John their Prior Archbishop, who married at Rome in Whitsun-week, and when he had delivered his Letters of Election to the Pope, he commanded some Cardinals to examine him; After three days Trial, they professed before the Pope they could find no cause of rejection. However, the Pope looked upon him to be too Old, and Weak for so great a Trust; and persuaded him to renounce his Election, which he did, and begged leave to go home again. Then the Pope granted Licence (Concessa Licentia Monachis) to the Monks of Canturbury, and Commanded them (Ipsis praecepit) to choose such an one, to whom he might Communicate his own Burden, and commit the Pastoral care. This year about Whitsun-week, [1] Ibid. n. 20, 30. The Welsh make inroads into England. His Counsellors upbraid him for suffering of it. He pleads poverty. the Welsh, under the Conduct of Leolin, made several inroads into England, and began to burn and plunder as they used to do. Peter Bishop of Winchester, and some other Cousellors told the King, it was a great Scandal to his Crown, to suffer the Welsh, an inconsiderable People, thus to rob and spoil his Subjects. To whom the King replied, That his Treasurers told him, his Revenues would scarce afford him Meat and clothes, and to satisfy the accustomed * Note upon the old Pipe-Rolls there was always entered in discharge so much yearly to such and such Monasteries as the King's constant Aims. The King calls his Officers to account, and gets much Money from them. Alms, (Vix mihi sufficiunt ad simplicem victum, Amictum, & Eleemosynas consuetas,) much less any thing for warlike expeditions. They answered him, he made himself poor, by giving away Honours, Wardships, and vacant Dignities, which ought to come into the Exchequer, so that He only had the Name, and not the Wealth of a King. Adding, that His Antecessors were Magnificent, both in Glory and Wealth; and this proceeded from the great care they took of their Revenues and Profits. The King took this Hint, and presently called his Sheriffs and Bailiffs to an Account, and whoever was convicted of Fraud, was removed from his Office, and forced to pay the whole into the Exchequer with Usury. He also removed Ranulph Brito, Treasurer of his Chamber, from his Office, and Fined him 1000 l. of Silver, and by the advice of Peter Bishop of Winchester (whose Counsel the King in all things followed) Peter de Orivallis his Nephew, a Poictovin, was placed in his room; by this means the King's Coffers were plentifully supplied. About this time [2] Ibid. n. ●0, 40. Hubert de Burgh turned out of the Office of Justiciary. He is called to an Account for what he had received. by the advice of Peter Bishop of Winchester, Hubert de Burgh, was removed from the Office of Justiciary, although (as it was said) he had the King's Patent for it during Life, and Stephen de Segrave placed in his Room the 29th of July. Some few days after the King being very much incensed against Hubert, required him to give an Account of all that had passed through his hands ever since he had been Justiciary, and also in the time of King John. To which Hubert Answered, [3] f. 377. l. 1. That he had King John's Chart, whereby he was discharged of all Accounts, who having so often experienced his faithfulness, would not receive any Account from him. The Bishop of Winchester replied, That that Chart was not valid after King John's Death, and did not at all bind the present King from Exacting an Account from him. To this was added, [4] Ibid. n. 10 and charged with other Crimes. That he had been guilty of several Treasonable Practices, and had given treacherous advice to the King, much to the prejudice both of King and Kingdom. To all which the King required him to answer, and stand to the Judgement of his Court. [5] Ibid. n. 3. Hath time to Answer until the 14th of September. He takes Sanctuary. Hubert seeing himself much pressed and straightened, required some time to give in his Answer, which was with difficulty obtained, and the 14th of September following was the day appointed. In the mean time he took Sanctuary in the Priors of Merton. Being now deserted of all his Friends, (but the Archbishop of Dublin) his Enemies daily increased, and many other Crimes were laid to his charge: [6] Ibid. n. 40. Many more Crimes charged upon him. Namely, That he had procured William Earl of Salisbury, William Marshal, Earl of Pembroke, Falcasius de Brent, and Richard Archbishop of Canturbury, to be Poisoned; That he had gained the King's Affection by Sorcery and Witchcraft. Others accused him of Injustice, Extortion and Rapine. And the Londoners entered their Complaint against him for Condemning their Fellow Citizen Constantin to be hanged without Legal Process. All which Crimes were so highly aggravated before the King, That he caused it to be Proclaimed in London, that whoever had any complaint against Hubert, should come to him, and he should have Justice done him. In Autumn Master John * Ibid. n. 50. Master John etc. chosen Archbishop. Surnamed Blund, a Clerc and Student, and Reader in Divinity in Oxford was chosen Archbishop; and accepted by the King, and went to Rome for his Confirmation. On the 14 of September, the King [7] Ibidem. A.D. 1232. A Parliament or Colloquium at Lambeth The Fortieth part of all moveables Granted to the King. Assembled the Bishops and other Prelates of Churches, with the Nobility of the Kingdom at Lambeth, (Convenerunt apud Lamheiam, ad Colloquium in Exaltatione Sanctae Crucis coram Rege Episcopi & alii Ecclesiarum Prelati, cum Proceribus Regni.) by whom the fortieth part of all moveables, of Bishops, Abbats, Priors, Clerks and Laics, was granted to the King, for the payment of the debt he Ought the Earl of Britain. [8] f. 378. n. 10, 20, 30, 40. Hubert keeps in Sanctuary, and would not Answer. Hubert the late Justiciary being now to answer, the Articles objected against him, fearing the King would put him to some shameful Death, kept in Sanctuary among the Canons of Merton, and did not appear in the King's Court, to * See Append. n. plead to the Articles against him until the King should be in a more mild temper. The King in a great rage sent to the Major of London to force him from thence, The King sends the Major of London to fetch him D●ad or Alive. The Discreet citizens feared the Consequences of the gathering together of the Rabble. Ranulph Earl of Chester persuades the King to Revoke his Orders to the Major of London. and bring him either dead or alive. The Londoners glad of this opportunity to revenge themselves upon Hubert, upon R●nging the Common-B●ll, gathered together in great Numbers (as it was reported 20000 of of the Rabble.) But some of the more discreet citizens, dreading the ill Consequences of such tumultous proceed, went to the Bishop of Winchester's House in Southwark, and desired his Advice, who told them, that whatever came of it, they must execute the King's Precept. But Ranulph Earl of Chester, hinted to the King, that if such tumultous proceed were Countenanced, such a Sedition might be raised, as would not easily be appeased, adding that it would be a great reproach to him abroad, when they heard he thus treated those that had been his Favourites: which so wrought upon the King, that he presently dispatched a Messenger, with Letters to revoke his former Precept. At this the citizens were startled, being disappointed of their revenge, and returned into the City. After this the [9] Ibid. n. 50. Hubert had time given him to put in his Answer. Archbishop of Dublin prevailed with the King to grant Hubert till the Octaves of Epiphany to prepare his Answer. In the mean time he designed a visit to his Wife, who was then at St. Edmund's Bury. When the King heard of it, he sent Godfrey Craucumbe with three hundred armed men to apprehend him, and bring him Prisoner to the Tower. They found him in Essex in a small Chapel [1] f. 3●9. n. 10. He is drawn out of Sanctuary. with the Cross in one hand, and the Body of our Lord in the other: They wrung the Cross and Body out of his hands, and without any respect to the Place, they violently drew him out, and having Fettered him, and Chained his Feet under the Horse's Belly, they brought him in a most despicable manner to London, and put him into the Tower. When Roger [2] Ibid. n. 30, 40. The Bishop of London rebuked the King for taking Hubert out of Sanctuary. Bishop of London heard how Hubert had been treated, he hasted to the King, and very severely rebuked him for breach of the Church's Peace, and if he did not presently set him at Liberty, and send him again to the Chapel from whence he was taken, he would excommunicate all that were concerned in this violation of the Church's Peace. The King being made sensible of the fault, He is sent back into Sanctuary. The Sheriffs of Hertford and Essex, to keep him, from escaping and from Victuals. sent him back again to the Chapel out of which he was taken. But at the same time sent to the Sheriffs of Hartford and Essex upon pain of hanging, to go in their own person, with all the men of both Counries (cum omnibus hominibus duorum Comitatuum,) and encompass the Chapel, that Hubert might neither make his Escape, nor receive any Victuals from any one. Then the Archbishop of Dublin his only friend Supplicated the King with Tears, to know his pleasure concerning Hubert. [3] f. 380. l. 1. He refuseth to abjure. The King offered him three things, For ever to abjure the Kingdom, Perpetual Imprisonment, or openly to own himself a Traitor. But Hubert would choose neither of them, being conscious to himself, that he had done nothing to deserve so great Confusion. Yet to satisfy the King, he would be content to go out of the Kingdom for some time, but would not abjure. But rather than be starved, he [4] Ibid. n. 20. He yields himself to the Sheriffs, is carried Prisoner to the Tower. yielded himself to the Sheriffs abovementioned, who brought him up to London, Fettered and Chained, and delivered him Prisoner to the Tower there. The Fortieth part with the form of collecting it. About this time was Collected the fortieth part lately granted to the King in the Parliament at Lambeth. The form of the Commission to the Sheriffs of the several Counties, and the manner how it was to be Levied and Collected, is noted in the * n. 151. Appendix; and the Commission to the Collectors is to be found in Mat. Paris f. 380. n. 30. About [5] fol. 381. n. 10, 20, 30, 40. A. D. 1232. The King was informed Hubert had great Treasure in the Temple. He sends for it. the Feast of St. Martin following (instanti Festo Beati Martini) The King was informed, that Hubert had much Treasure lodged with the Templars; whereupon the King sent for the Master of the New-Temple to know the Truth of it, who acknowledged the Money, but could not tell the Sum, but refused to deliver it, unless authorised by Hubert. Then the King sent the Treasurer with the Justices of the Exchequer to Hubert, who in the King's Name Demanded of him all the Treasure he had lodged with the Templars. Hubert Replied he would readily submit himself, and all that he had to the King's pleasure, and presently authorised the Templars to deliver all the Keys of his Treasure to the King; which when he had received, and receives the Keys of the place where it was. he Commanded an Inventory to be be made and delivered to him, and all the money to be paid into his Exchequer. When his Enemies saw his Great Treasure, they accused him to the King of theft and fraud, urging he deserved a shameful Death. To whom the King seriously replied, That Hubert had faithfully served his Uncle Richard and his Father (as he had heard) and if he had been otherwise to him, he should never be put to Death; for he had rather appear too Easy than too cruel to him, who had so often preserved both his Predecessors and himself in great danger. The King now softened into compassion, The King moved to compassion toward him. granted to him all the Lands his Father had given him, and those he had Purchased for his present support; and soon after Richard the King's Brother, William-Earl of Warren, Richard Earl marshal, William * It was John Earl of Lincoln, according to the Record. He is prisoner in the Castle of Divises, under the keeping of four Sureties. Earl of Ferrars, became Sureties for him. He remained in the Castle of Divises, under the Custody of four of their Knights, and made Laurence a Clerc of St. Alban, Steward of the Lands Granted him, who had been a faithful friend and great comfort to him in all his Afflictions. The Substance of this Composition or Judgement, is to be found upon Record, though it doth not well agree with the exact Circumstances of time, and the Crimes objected in every Punctilio during this Transaction hitherto. The * Append. n. 152. Record says That the Pope wrote to King Henry, To correct the Injuries Hubert de Burgh had done to the Roman Chucch, and the * See before for this Matter. Italian Clercs here in England, and That thereupon the King s●nt to Arrest his Body, and bring him to Answer before him, for that very thing Especially. Hubert having notice of this, fled into a Chapel, and those that followed him, though they had no order to do it, took him out of the Chapel and carried him to London: when the King heard of this, being Desirous to maintain the liberty of the Church, Commanded him to be carried back to the same Chapel; in which when he had stayed many days, he was asked whether he would remain in the Chapel, or go out, and stand Trial in the King's Court, concerning the same Injury and others, which should there be objected against him by the King, and many others, who many ways complained of him. At length he voluntarily chose to come out, and stand to Law; yet he begged the King's Mercy, and so went out, and the King's Officers that were there present, received him, carried him to London, and delivered him to the Constable of the Tower. The King not satisfied, sent Stephan de Segrave, then Justiciary, John de Lascy Earl of Lincoln, Brian de Lisle and others, to know whether he was forced, or went out voluntarily; He answered he went out freely, and not for want of Victuals, or any other thing, and that he was ashamed he had stayed there so long. Then the King Commanded he should be out of the custody of the Constable of the Tower, that he might come freely to his Court; and so he came to Cornhul in London upon the Eve of St. Martin, and appeared before Richard Earl of Cornwall, William Earl Warren, Richard Marshal Earl of Pembroke, John Earl of Lincoln, Stephan Segrave Justiciary, Ralph Fitz-Nicholas, and others the King's Tenants or Feudataries there being; where when he was accused, he would make no defence, nor undergo the Sentence of the Court; but submitted himself to the King's pleasure concerning his Body, Lands, and Goods. The King at the instance of the Great Men, and the Petition of Hubert and his Friends and Relations, and by the permission of those that accused him, Respited the Judgement, notwithstanding it was drawn up in Court, and voluntarily Granted him these Terms; That having delivered to the King, all the Lands, Tenements, and Liberties, which he held of him in Capite, and of King John his Father, and all Writings and Instruments that concerned them, Than he should have and retain the Lands and Tenements which descended to him from his Antecessors, and all the Lands and Tenements he held of others, than the King; yet so as he should answer to all his other Accusers, according to the Custom of the Kingdom, and all his Chattels wheresoever they were, as well Gold, Silver, Money, or other Goods, and his Body to remain at the Castle of Divises, in the custody of Richard Earl of Cornwall, William Earl Warren, Richard Marshal● Earl of Pembroke, and John Earl of Lincoln, until he was delivered by the Commune Council of the King, and of all the foresaid Barons his Keepers, and of all the Great Men of the Land. And if he should by any ways or means Break, or endeavour to Break Prison, than the Judgement was to take effect; and wheresoever, or by whomsoever he should be found, he was to be used as an Outlaw. Toward the latter end of this year in December, Lewelin * Append. n. 153. Granted, and promised to stand to the determination of Ralph Bishop of Chichester, and Chancellor, Alexander Bishop of Lichfield and Coventry, Richard Marshal Earl of Pembroke, John de Lascy Earl of Lincoln, and Constable of Chester, Stephan de Segrave Justiciary of England, and Ralph Fitz- Nicholas the King's Steward; together with Jolenevet Lewelin's Steward, Werrenoc his Brother, Iman Vachan, and David a Clerc, concerning Amends to be made for the excesses on both sides, for the restitution of Lands and Possessions, and what Money was to be paid for Damages done. In the year 1233. King Henry at Christmas [6] fol. 384. n. 20, 30, 40. A. D. 1233. The English Nobility removed from the King's Counsels. kept his Court at Worcester, where by the advice of Peter B●shop of Winchester (as it was reported) he removed all Bishops, Earls, Barons, and Noblemen from his Council, and would trust no one, but the aforesaid Bishop, and Peter de Rivallis his Kinsman: So that the management of all public Affairs was committed to them. The Poictovins and Britain's were now invited into England, Poictovins and Britain's called into England. The Wardships of the Nobility committed to them The English complain of it in vain. and there came over 2000 Knights and Servants, wh●, were placed in several Castles in Garrison, to whom the easy King committed the Wardships of the Nobility, which afterwards much degenerated, through the ignoble Marriages with Foreigners. And when any Englishman complained of their burdens, and oppression, to the King, they were hindered of remedy, through the powerful influence of the Bishop of Winchester. When [7] Ibid. n. 50. Richard Earl Marshal speaks boldly to the King. Concern in the Poictovins. Richard Earl Marshal saw both the Noble and Ignoble oppressed, and the Laws of the Kingdom laid aside, He, as a lover of Justice, with some other Great Men (Associatis sibi quibusdam Magnatibus) went boldly to the King and told him publicly, that by pernicious Counsels he called in Poictovins and Strangers, to the great oppression of his Natural Men, and violation of their Laws and Liberties. Wherefore they humbly supplicated him to correct these disorders in the Government; otherwise both He and the rest of the Great Men would withdraw themselves from his Counsels, so long as he made use of Foreigners. To whom the Bishop of Winchester replied, The Bishop of Winchester's Answer to him. That the King might call whatsoever Strangers he pleased for the defence of his Kingdom and Crown; and also such, and so many, as might reduce his proud and rebellious Subjects to due Obedience. When the Marshal and the rest heard this Answer, [8] fol. 385. lin. 2. they retired from Court, promising faithfully to stand by one another in that cause, (usque ad divisionem corporis & anima) to the very parting of Body and Soul. The last year in Autumn [9] Ibid. n. 40. The Pope voids the Election of John Blund to the Archbishopric of Canturbury. John Blundus a Student in Divinity at Oxford was elected Archbishop of Canturbury, and this year about the beginning of April the Pope voided his Election, because he had given 1000 Marks of Silver to the Bishop of Winchester, for his promotion to the Archbishopric. Soon after [1] fol. 386. n. 10. The Earls and Barons refuse to obey the King's Summons. ●he King summoned all the Earls and Barons of the Kingdom to meet him at Oxford on the Feast of St. John Baptist, but they refused to obey his Summons, both because they feared and hated the Foreigners which were placed about him. Then he was advised to send out a Second, and Third Summons, to try whether they would come or not, to Westminster, on the 11th of July, [2] Ibid. n. 30. They pretend fear of Strangers that were insensibly landed in the Nation. and promised by their Counsel to reform whatever was amiss; But when the Great Men heard, that upon the King's invitation, many Strangers in small numbers with Horse and Arms were landed in England (Paulatim applicuerunt in Regnum) and seeing not the least prospect of accommodation, they laid aside all thoughts of meeting the King on the day appointed, and by Solemn Messengers declared unto him, Their Insolent Message to the King. That unless, forthwith the Bishop of Winchester and the Poictovins were removed from his Court, they would by the Common Counsel of the Kingdom, force both him and his evil Counsellors out of the Realm, and would Treat about creating a new King. Ipsi omnes de communi Consilio totius Regni, ipsum cum iniquis Consiliariis suis a Regno depellerent, & de novo Rege creando contrectarent. The [3] Ibid, n. 40, The Bishop of Winchester's advice to the King. King and the Court being startled at this Message, He was advised by the Bishop of Winchester to reduce his rebellious Subjects by force, and dispose of their Castles and Lands to the Poictovins, who would defend the Kingdom of England from his Traitors (Qui Regnum Angliae a suis proditoribus tuerentur.) The First that fell under the King's displeasure was Gilbert Basset a Nobleman, who applying himself to the King for a Manner he had taken from him, was called Traitor, and threatened, if he did not departed the Court he should be hanged. The next was Richard Sward a Knight, who had Married Gilberts Sister or Niece. The King commanded him to be apprehended and brought before him; and from every Noble or powerful Man, he suspected, He required pledges for their Fidelity, and by his Letters ordered them to be presented to him before the beginning of August. On the First of August the [4] fol. 387. lin. 3. The Earls and Barons come Armed to London. The Earl Marshal retired into Wales. Earls and Barons came with a great number of Armed Men (In magno Militi● apparatu) to London to a Conference or Parliament (Ad Colloquium) according to the day prefixed. But Richard Earl Marshal having received advice from his Sister Isabel, Wife to the Earl of Cornwall the King's Brother at whose House he lodged in London, that snares were laid for him, retired into Wales. But the Earls of Chester, Lincoln, Ferrars, and Earl Richard the King's Brother, with many other Earls and Barons came thither, but nothing was done, because Earl Marshal and Gilbert Basset were absent. Then the King, by the advice of the Bishop of Winchester, and Stephan Segrave [5] Ibid. n. 20. The King summoned all that ought him Military Service to meet him at Gloucester. Upon their refusal they are proscribed and Treated as Traitors. summoned all that ought him Military Service, to come to Gloucester on the Sunday before the Assumption of the Blessed Virgin (that is the 15th. of August) with Horse and Arms. But Richard Marshal and others who were confederated with him, refused to come. Upon this the King, as if they had been Traitors, burnt their Towns, destroyed their Parks and Warrens, and besieged their Castles; and without judgement of his Court, or their own Peers, proscribed them, and disposed of their Lands to the Poictovins, and commanded their Bodies should be taken where ever they were found in the Kingdom. The [6] Ibid. n. 30. Several of the Nobility deserted the Marshal. Bishop of Winchester by 1000 Marks gained the Earls of Chester and Lincoln to the Kings ●de; the Earl of Cornwall had before left the Marshal, and returned to his Brother. When the Marshal saw himself deserted by the aforesaid Earls, he entered into a Confederacy with Leolin Prince of Wales, and other chief Men of that Country, He confederated with Leolin Prince of Wales. and entered into an Oath to make no Peace but by general consent. Then the King [7] fol. 388. lin. 1. The King besieged one of the Mareschals Castles, but without success. It is delivered upon condition to be restored in Fifteen days. defied him by the Bishop of St. David's, and commanded his Army to March against him, and besiege his Castles, one of which was so well defended, that the King feared he should be baffled, and with disgrace forced to raise the Siege; whereupon he sent some Bishops to the Earl, to offer him, that if he would surrender the Castle to the King, it should be restored entirely again within Fifteen days to him, and he would correct what was amiss in his Kingdom by the Counsel of his Bishops, who should be his Sureties; Upon these Conditions the Castle was delivered to him; and the day appointed for the doing of these things was the Sunday next after Michaelmass-day. When the [8] Ibid. n. 50. The Marshal demands restitution of his Castle. The King's Answer. Fifteen days were expired, the Marshal according to agreement, and Oath, expected the restitution of the Castle, and sent to the King to demand it, but the King answered he would not restore it, but would endeavour to subdue his other Castles. The Marshal seeing neither Promises nor Oaths were observed by the King's Counsellors, besieged the Castle, and without difficulty gained it. On the 9th of October, [9] fol. 389. lin. 1. The Great Men and Preaching ●y●rs supplicate the King to be reconciled to high Nobility. the Great men met the King at Westminster to reform what was amiss in the Kingdom according to appointment, who humbly supplicated him to be reconciled to his Barons and Nobles; also the Preaching Friars and Minors, (whom the King much reverenced) exhorted him to extend his affection to his Native Subjects, and not to Banish, Spoil, and destroy them without Legal Process, and not to call them Traitors who endeavoured the Peace, and by whose Counsels the Management of the Affairs of the Kingdom ought to be directed. To this the Bishop of Winchester replied, [1] Ibid. n. 10. The Bishop of Winchester's Reply. The Bishops threatened to Excommunicate him and the rest of the King's Counsellors. He slighted their Threats and appealed to the Pope. That there were no such Peers in England, as in France, and therefore it was lawful for the King of England by the Justices he appointed, to Banish any guilty persons out of the Kingdom, and by Judgement to condemn them. When the Bishops heard this, they unanimously Threatened by name to Excommunicate all the Kings principal Counsellors. In the top of the list stood Peter Bishop Winchester, Peter de Rivallis, Stephen Segrave Justiciary, and Robert Passelew Treasurer. The Bishop of Winchester alleged for himself, That he was Consecrated Bishop by the Pope, and was thereby exempt from their Authority; and to prevent the Sentence, appealed to the Pope. Then the Bishops Excommunicated all those who alienated the King's mind from his Natural Subjects, and all those that disturbed the Peace of the Kingdom. When in that Conference by an express the King was certified the Marshal [2] Ibid. n. 30. The King commanded the Bishops to Excommunicate the Marshal, but they refused. had retaken his Castle, he was much troubled, and Commanded all the Bishops to Excommunicate him; but they utterly refused it, because (as they said) he did thereby only recover what was his Right. Then the King Summoned all that ought him Military Service, to meet at Gloucester with Horse and Arms the Day after All Saints. The [3] Ibid. n. 40. King having gathered together a great Army at Gloucester, Marched towards Wales, but the Marshal had before destroyed all the Forage, so that in a short time, through want of Provision, the King was forced to retire with his Army to the Castle of Grosmund; when the Marshal by his spies understood that the King lodged within the Castle, and the greatest part of his Army Quartered without in Tents, he came by Night and entered the Camp, The King's Army defeated by the Mareschals policy. and put the whole Army into such disorder, that they immediately fled, and left 500 Horses and all their Baggage for a Prey to the Marshal, who would not suffer any of the King's Soldiers either to be taken or hurt, so that only two of the whole Army (and they through their own indiscretion) fell by the Sword. The King seeing himself left alone, and encompassed with Enemies, placed his Ravaging Poictovins [4] f. 390. l. 2. (Ruptarios Pictavenses) in his Castles to hinder the Incursions of the Welsh, under the Command of John de Monmouth, and Radulph de Toeny, and returned to Gloucester. Then the Marshal [5] fol. 390. n. 10. The Marshal surprised by ambush, and difficulty escaped▪ Marched towards Monmouth, which was Fortified and defended by Baldwin de Gysnes, with his Poictovins and Flemings, to whom the King had committed the Town; who seeing the Marshal viewing the Castle with some few Soldiers, by Ambush almost surprised him; and he had been taken Prisoner, had not his own Valour, and the Bravery of some that were with him, rescued him out of their hands; in this Skirmish, Baldwin was so desperately wounded, that he was taken up half Dead, which made them to leave the Marshal and retire with their Captain into the Town. When the rest of the Army [6] Ibid. n. 50. h●ard what had befallen their General, they came with great fury, and revenged themselves upon the Strangers, killing and taking Captive most of those that came out of the Town. Hubert de Burgh [7] fol. 3●●. n. 10, 20, 30. being prisoner in the Castle of Divises in Wiltshire, had notice from a friend at Court, That the Bishop of Winchester his great Enemy, had earnestly desired of the King the custody of that Castle; that so (as it was said) he might have an opportunity to dispatch him. Upon this Information Hubert, Hubert de Burgh endeavoured his escape, but without success. by the assistance of two Servants that waited on him, made his escape on Michaelmass-Eve out of the Castle, and got into the Parish Church: So soon as it was known he was gone out of the Castle, many of the Garrison went out with Lanters, Clubs, and Arms, to seek him. How he was Treated by the Soldiers. They found him in the Church before the Altar, with a Cross in his Hand; they beat and banged him, driving him and the two that helped him to make his escape, into the Castle, and put him under a strict Guard. When the Bishop of Salisbury heard what was done, The Bishop of Salisbury Excommunicated them for violating the Church's privilege. he went to the Castle, and Commanded those that had violated the privi●dge of the Church, that they should carry him back, and leave him in the same state they found him. They told the Bishop, they had rather Hubert should be hanged then themselves; Whereupon he Excommunicated all by Name that refused to do what he bade them, and with the Bishop of London and other Bishops obtained his liberty of the King, and he was sent back to the Church (Decimo quinto Calendarum Novembris) That is, on the 18th of October. * Ibid. n. 40. The King upon this being very angry, ordered the Sheriff of the County so to guard the Church, as he might be starved for want of Victuals. 'Tis certain Hubert made his escape, and as certain he was sent back to the Church before the 18th of October: For on the 15th of that Month the King [8] Append. n. ●54. Letter to the Good Men of Wiltshire, to let them know he had sent Ralph de Bray and Ralph de Norwich his Justices, to receive the Abjuration of the Kingdom from Hubert de Burgh, if he would not come out of the Church, and stand to the Law, in the King's Court▪ or to do him Justice in the King's Court if he would come out of the Church and answer there, as he had agreed to do. But if he would do neither, the Wiltshire Men were commanded diligently to guard the Church and Churchyard, as the Justices should direct. On the 30th of the same Month Hubert by the [9] Paris f. 389. n. 30. Hubert escaped into Wales habited like a Soldier. assistance of his Armed Friends, was taken out of the Church by force, and having been by them Armed like a Soldier made his escape in that disguise into Wales, and joined himself to the King's Enemies. In the year 1234. the King kept [1] f. 393. n. 4●. A. D. 1234. his Christmas at Gloucester, with a very small Court, because many of the Great Men that suffered so much at the Castle of Grosmund, were retired, and could make no appearance. On the day after Christmass-day [2] Ibid n. 50. The Marescal defeats John of Monmouth. John de Monmouth having gathered together a great number of Soldiers, designed privily to attaque the Marshal, but being Countertricked by the Mareschals Policy, he was defeated, and a great number of his Soldiers slain, and he narrowly escaped. [3] fol. 394. n. 10▪ 20. And spoilt the Estates and Goods of the King's principal Counsellors. Then the Marshal, and those that were confederated with him, ravaged, spoiled and burnt the Lands, Goods and Houses of the King's principal Counsellors, so that nothing escaped them, from the borders of Wales to Shrewsbury, which they also burnt; And all the time King Henry remained with the Bishop of Winchester at Gloucester, not having sufficient force either to oppose, The Bishops urge the King to make peace with the Marshal, but he refused. or repress these Devastations. From whence he went to Winchester, and left those Countries to his Enemies. The Bishops urged the King to make peace with the Marshal, he refused, unless he would acknowledge himself a Traitor, with a Halter about his Neck. When the King's [4] Ibid. n. 40, 50. Counsellors saw their Houses burnt, their Fields destroyed, and their Friends the Poictovins in great numbers slain, and themselves without remedy; They studied to ruin the Marshal by Treachery, whom they could not conquer by force, which they compassed by this means. The King's Counsellors contrive the Mareschals destruction. They composed and wrote Letters in the King's Name without his privity, Sealed with 〈◊〉 and Eleven of their own Seals, and directed them to Maurice Fitz-Gerold, the King's Justiciary in Ireland, to Walter and Hugo de Lascey, Richard de Burgh and Geoffrey Mar●h, and to several others (Juratos Marescalli Homines) the Marescals sworn Men, showing, that although the Marshal was proclaimed a Traitor, and by the Judgement of the King's Court Proscribed, and Devested of his Paternal Inheritance, yet he ceased not to pursue the King with his wont Malice; wherefore they willed them as the King's faithful Subjects, to use their utmost endeavours, when ever the Marshal should come thither, to take him alive or dead, and present him to the King, which if they carefully performed, all his Inheritance and Possessions in Ireland should be divided among them, Their Proposals to the Irish. for which they had the King's promise, and they would become Sureties for the performance of it. When the [5] fol. 395. n. 10. Irish heard the tenor of these Letters, they sent private Messengers to the Counsellors with Letters, assuring them That if they could be secured by the King's Charter, of what was promised, they would undertake to effect what was desired; Then the Counsellors stole the Seal form Ralph Bishop of Chichester the Chancellor, and Sealed a Charter without his knowledge, by which all the Rights and Possessions of the Marshal, were to be divided among them; and dispatched a Messenger w●h it to the abovenamed Irish Great Men, who no sooner received it, but they confederated, and resolved the destruction of the Marshal. Then they raised a great Army, and entered his Lands, took his Castles and plundered them, that they might provoke him to come over into Ireland. On Candlemass-day [6] Ibid. n. 40. The King rebuked some Bishops, for corresponding with his Marshal. the King came to a Conference (Rex venit ad Colloquium) at Westminster, wherein the King severely rebuked Alexander Bishop of Chester, and some other Bishops, for having too much correspondence with the Earl Marshal, and for endeavouring to dethrown him. The Bishop in a great heat Excommunicated all those that suggested such things to the King. [7] Ibid. n. 50. Edmund the Elect of Canturbury was present at this Conference, who with many Bishops of that Province went to the King, and represented to him the miserable state both He and the Kingdom was brought into, by his following the Counsels of Peter Bishop of Winchester, The Bishop● advise the King to remove Foreigners from his Counsels. (upon whose Advice and Counsels, they charged all the Events, Wars, and Calamities that happened to King John, and the Nation in his time, and also what had happened in this King's time) and Peter de Rivallis, and their Accomplices: [8] fol. 396. n. 40. Adding, That if he did not very suddenly remove from his Court such Counsellors, and receive his Native and Liege Subjects to his Counsels, and management of the Affairs of the Realm, as is the custom of other Nations, they must proceed to Ecclesiastical Censures against all Gain-sayers. The King answered, He could not Reform his Council, His Answer. until he had taken their Accounts, and desired a small Respite. So the Colloquium or Conference was dissolved, and every one went away satisfied, and full of hopes of a speedy accommodation. On the Second of April [9] f. 397. l 7. A.D. 1234. Edmund was Consecrated Archbishop of Canturbury, the King being present. On the 9th of April, the [1] fol 397. n. 10, 20, 30. He proceeds to reform his Court and Council. King, the Earls and Barons, the new consecrated Archbishop with his Suffragans, and other Prelates, met at a Conference (ad colloquium convenerunt) at Westminster, wherein he promised to be directed by their Counsels; and some few days after he commanded the Bishop of Winchester to retire to his Bishopric, and mind the care of Souls, and not concern himself any further in the Affairs of the Kingdom. He likewise commanded Peter de Rivallis to give up his Accounts, and yield up his Castles and departed the Court, assuring him upon his Oath, if he were not a Beneficed Clerc, he would cause his Eyes to be bored out. He also discharged the Poictovins from his Service, both in his Court and Garrisons, commanding them to go into their own Country and never see his Face more. Thus having purged his Court, and removed his evil Counsellors, and cleared his Kingdom of Strangers, he submitted himself to the Advice and Counsels of the Archbishop and Bishops, by whom he hoped to reduce his unsettled Kingdom to a prosperous condition. After this he sent [2] Append. N. 155. Edmund the Archbishop of Canturbury with the Bishops of Chester and Rochester, to Leolin Prince of Wales, and Richard Earl Marshal 〈◊〉 Treat about Peace. [ ] 〈◊〉 n. 40. The Marshal passeth over into Ireland to secure his Lands and Castles. But the Marshal receiving notice of the spoils and rapine that was committed upon his Lands and Castles in Ireland; and seeing the King was gone Southward, and had left his design against Wales, took with him only fifteen Knights, and passed over Sea, and as soon as he landed, Geofry Marsh, with the other Great Men that were confederated against him, came to him, and advised him to reduce his Enemies by force, and he might thereby easily bring all Ireland to his Obedience. [4] Ibid. n. 50. The Marshal fearing the innate Treachery of the Irish, was not willing to close with the Advice given. But Geofry having at first reproached him for his cowardice, and telling him of, and urging his Right by lineal Descent from Strongbowe, that had conquered Ireland, and then giving him full assurance of their Assistance and Fidelity; He reduced the Irish to his Obedience. He is treacherously betrayed, and desperately wounded. He raised a great Army, and proceeded with such suceess, that no one durst withstand him; He took the City of Limeric, and the King's Castles, as well as those of his Enemies. The Irish let him know by certain Templars sent to him, That he acted traitorously against his Prince in Ireland, as he had done in England, and by Geofry Marsh or de Marisco his contrivance, was desperately [5] fol. 400. lin. 4. wounded in Fight, and taken prisoner, where after some days continuance, he died of his wounds. [6] fol. 403. n. 10. The King laments his death. When the King received the news of his death, he much lamented the loss of so great a Soldier, affirming he had not left his [7] Ibid. n. 30. He inviteth the proscribed Noblemen to an accommodation. equal in the Kingdom. The Archbishops and Bishops returned from Lewelin to the King at Gloucester, and informed him, That before any Treaty, he desired the Noblemen that were confederated with him, might be received into Favor: Then the King sent out his [8] Ibid. n. 40. A. D. 1234. Letters to all those that were proscribed, to meet at Gloucester on the 29th of May, to be reconciled unto their King▪ and to be restored to their Inheritances; The Archbishop and Bishops promising them safe Conduct. [9] Ibid. n. 50. The first that came to the King's Peace was Hubert de Burgh, late Justiciary of England, and Earl of Kent, whom the King received with Kisses and Embraces. [1] fol. 404. n. 10, 20. They accept the Offer, and are reconciled to the King. After him came Gilbert Basset, and Richard Sward, with many others, who were proscribed with them, and were all received with the Kiss of Peace, and reconciled to the King, and had all their Rights and Inheritances restored, of which their Reconciliation [2] Append. N. 155. Several of them received into his Council. and Restoration he gave Lewelin speedy notice; and also at the Intercession of the Archbishop, He Granted to Gilbert Brother to Richard Earl Marshal, late deceased, all his Inheritance both in England and Ireland, and received his Homage; And on Whitsunday following at Worcester He Knighted him, and gave him the Mareschals Staff of his Court, and received Hubert de Burgh, Gilbert Basset, and Richard Sward into his Councils. The Archbishop and Bishops that were sent to Treat with Lewelin, made a [3] Ibid. n. 156. A Truce made between the King and Lewelin Prince of Wales. Truce for two yea, from the Feast of St. James, or 25th of August following, upon these conditions, That all injuries done on both sides since the last Truce, should be referred to those ●at made it: That all Lands taken from any one in the late War, should be restored; That all Men and Tenants that had receded from the Fealty of their Lords, and adhered to the contrary party, might return again without damage, or being questioned for it; Of this Truce he gave notice to his Brother Richard Earl of Cornwall, and Ralph de Tony, that they might be taken into it, if they would, for their Lands in the Marches. At the same meeting the Archbishop, produced a Copy [4] 〈◊〉 n. 30, 40. of that Treacherous Letter that was sent into Ireland against Richard Earl Marshal; And the King, The treacherous design against the Life of Richard Earl Marshal discovered The King summoned his old Counsellors to give up their Accounts, and to stand to the Law. before the whole Assembly of the Bishops, Earls, and Barons, protested, that through the importunity of the Bishop of Winchester, Peter de Rivallis, and other Counsellors, he consented his Seal should be put to those Letters; but assured them upon his Oath he never saw the Tenor of them: Then the King summoned the Bishop of Winchester, Peter de Rivallis, Stephan Segrave, and Robert Passelew, to appear on the Feast of St. John Baptist, to give up their Accounts, and to answer to such Crimes as should be objected against them, and stand to the Law. But being conscious of their own wickedness, and not daring to stand a Trial, some took Sanctuary in Cathedral or Conventual Churches, and others fled, as was believed, but hide themselves in the New Temple. Then the King [5] fol. 405. n. 10, 20, 30. Peter de Rivallis severely rebuked and threatened by the King. at the request of the Archbishop promised them safe Conduct, and appointed the 14th of July for them to appear at Westminster, to answer to the Articles against them. Peter de Rivallis was the First that appeared in a Clercs Habit, and saluted the King sitting upon the Bench with his Justices, who as soon as he saw him, called him Traitor, and accused him for giving him pernicious Counsel, and required him to give an account of his Treasuryship, the Wardships of young Noblemen and Women, and Escheats, and other Profits of the Crown, and then told him he would commit him to the Tower. He said he was a Priest and ought not be imprisoned, or be in the custody of Laymen. The King told him he had hitherto behaved himself as a Layman, and as such he exacted what was committed to him; yet said, the Archbishop was present, and if he would undertake for him he should be delivered to him. He was silent, and the King sent him to the Tower, He is committed to the Tower. and seized all his Lay-possessions, because under his Clercs Habit he had a Coat of mail, and a Knight's Falchion at his Girdle, which did not become a Clerc; he remained there only two days, and then was taken out by the Archbishop, carried to Winchester, But ta●en out by the Archbishop. and put into the Cathedral. The same [6] Ibid. n. 40. Stephen Segrave called to an Account, day appeared Stephan Segrave before the King; He called him Traitor, and added, that it was by his wicked Counsel, Hubert Earl of Kent was removed from the Office of Justiciary, and imprisoned; And that many of the Nobility were proscribed: He required him also to give an Account of his Justiciaryship; and by the Mediation of the Archbishop and Bishops, gave him time till Michaelmass following to prepare for it: Hugo de Pa●eshulle, named Justiciary. Then the King named Hugo de Pateshulle a Clerc, his Justiciary, Son of Simon de Pateshulle, who had formerly managed that Office with great integrity. This year about the Feast of St. John Baptist, The [7] fol. 406. lin. ●. The King sendeth Aid to the Earl of Britain. Truce between the Kings of England and France expiring, King Henry sent over to the Earl of Britain Sixty Knights, and 2000 Welch, to enable him to strengthen the weak places of his Dominions, because the King of France had raised a great Army, and had actually besieged one of the Earl of Britain's Castles, but was soon defeated by the English Forces, Their success against the French. The King of France resolves to invade Britain. and many of the French were slain, and all their Baggage was taken; which so fretted the King of France, that he gathered together what Forces he could, and was resolved to invade Britain. This affrighted the Earl so much, that he desired a Truce till All-Saints following, which was granted upon delivery of three Castles, and upon condition, that i● in that time the King of England came not personally to his Relief, he should deliver all Britanny, and his Castles there to the King of France. In the mean time he sent to the King of England to know whether he would come over in person to his assistance, If not, He would deliver up all Britanny to the King of France. King Henry refused to assist the Earl of Britain any longer. King Henry answered, the Revenues of his Crown were not sufficient for the Defence of that Country, as he found by the three last years expenses, and was wearied in being at so great charge to so little purpose. When the Earl had received this Answer, he went directly to the King of France with a Rope about his Neck, and [8] Ibid. n. 40. Brittanny surrendered to the French. acknowledged himself a Traitor, and then surrendered to him all Britanny, with the Towns and Castles. The King of France told him he was a most wicked Traitor, and accordingly deserved a most shameful death, yet he would grant him Life, and Britanny to his Son as long as he lived, and after his death it should be annexed to the Crown of France. When King Henry heard what he had done, [9] Ibid. n. 50. The Earl of Britain turns Pirate. He seized on all Rights and Honours that belonged to him in England. This miserable Earl being thus spoiled of all his Honours and Revenues, betook himself to the Seas, and became an execrable Pirate. In the year 1235. King Henry at Christmas kept his Court at Westminster, with very many Bishops [1] fol. 409. n. 40. A. D. 1235. and great Men of the Kingdom. About Candlemass [2] Ibid. n. 50. Stephen Segrave and Robert Passelew paid each 1000 Marks, but were not received into the King's former Favour, as they expected. About Easter following, Peter [3] fol. 410. n. 50. Peter Bishop of Winchester goeth to Rome to assist the Pope in his Wars. Bishop of Winchester, at the Pope's command went to Rome, to assist him in his Wars against the Citizens of Rome, (between whom and the Pope there was a very great difference) The Pope well knew the Bishop was very rich, and also experienced in Military Affairs, being brought up under the Magnificent and Warlike King Richard in his Youth, and understood better how to Fight then to Preach. This year Isabella the King's Sister was [4] fol. 414. n. 40. Isabella the King's Sister Married to the Emperor. Married to Frederic Emperor of Germany, and was conducted to the Emperor by the Archbishop of Cologne and Duke of Louvain, [5] fol. 417. n. 30. Her Portion 0●●00 Marks. for whose Marriage the King received two Marks of every Ploughland, and gave to the Emperor for her Portion 30000 Marks. The Words are in Paris, Rex cepit carucag●um, du●s Marcas de Caruca. But it ought to have been Rex cepit Scutagium, duas Marcas de Scuto. For there was never so great a Tax upon a Ploughland. See the Prior of Coventry 's Plea, Communia de Termino Sancti Hillarii 17 E. 3. with the King's Remembrance in the Exchequer. Est compertum etiam in quodam Rotulo compotorum Regis Henrici Titulato: Auxilium Episcoporum, Abbatum, Priorum, concessum, ad sororem Regis Henrici maritandum Freder●co Imperatori, videlicet de quolibet Scuto duas Marcas; Two Marks of every Knights Fee. In the year 1236, The King at Christmas [6] fol. 419. n. 50. A. D. 1236. The King Marries Alienor, the Earl of Provence his Daughter. kept his Court at Winchester, and on the 14th of January was Married at Canturbury by Edmund Archbishop of that place, to Alienor Second Daughter to Reimund Earl of Provence, and she was most splendidly and solemnly Crowned [7] fol. 420. n. 30. Queen at Westminster on the 19th of that Month. After the celebration of the Nuptials was passed, the King went from London to Merton, where he met his Great Men, to Treat with them about the Affairs of the Kingdom. At this time and place were made the Laws [8] Poultons' Statutes, f. 9 called the Statutes of Merton, by the deliberation and consent only of the Archbishop of Canturbury, and his fellow Bishops, and the major part of the Earls and Barons, by the Grant of the King. Die Mercurii in crastino Sancti Vincentii in Curia Domini Regis apud [9] Annal. Burton. f. 287 Merton, Coram Domini Rege Henrico, & coram venerabili Patre Edmundo Cantuariensi Archiepiscopo, & Co●piscopis suis, & coram majori parte Comitum & Baronum nostrorum Angliae, pro Corona Domini Regis & Reginae pro cummuni utilitate totius Angliae, Provisum fuit tam a praedicto Archiepiscopo, Episcopis, Comitibus & Baronibus quam a nobis, & concessum, Quod de caetero isti articuli teneantur in Regno nostro Angliae. Thither came the Emperor's Messengers with Letters from him to desire the King without delay, to send over [1] Paris f. 421. n. 50. The Emperor desires the King to send Richard his Brother to his assistance against France. Richard Earl of Cornwall his Brother to his assistance against the King of France, whereby the King of England might not only recover what he had lost, but also much enlarge his Transmarine Dominions. To whom the King by the advice of his Great Men returned this Answer, That they could not judge it safe or expedient to permit one that was so young, and the only and Apparent Heir (Vnicus & manifestus Haeres Regni) of the Crown, and hope of the Kingdom, to expose his person to the hazards of War. The King's Answer and Excuse. But if his Imperial Excellency would make choice of any other of the Nobility or Great Men of the Kingdom, they would readily yield to his commands, and give what assistance they were able. Then the Messengers returned with this Answer to the Emperor. Notwithstanding the Solemn Truce that had been made for two years, from the 25 th' of July, The Truce between England and Wales violated. of the Feast of St. James in the 18th of Hen. A. D. 1234. to the same day in the 20th of his Reign, A. D. 1236. yet there were many Land Piracies committed in the time, much Plundering and Robbing, which they Termed interception; for on the sixth of March that year Ralph * Append. n. 157. Commissioners appointed to inspect Damages. Bishop of Hereford, the Dean of Hereford, Walter de Clifford, and Walter de Beuchamp were again constituted Dictator's of amends to be made, for Damages done on both sides, and for the Interceptions made (as was said) Prince Lewelin of Averfrau, and Morgan of Carleon concerning the Castle of Carleon. And after this Arbitration or Determination what amends was to be made on both sides, Edmund Archbishop of Canturbury renewed the * Append. n. 158. The Truce renewed. Truce for one year longer, That is until the Feast of St. James in the One and Twentieth year of his Reign, between King Henry and Prince Lewelin, and all that were openly concerned on either side, so as the King and Prince should be in the same possession of Lands and Tenements, Men and Homages as they were the Day of the making this Truce; Saving to Morgan de Carleon his Lands and Chattels, which Gilbert Earl Mar●hal possessed himself of, within the time of the Truce. If any Lands or Castles had been seized During the Truce, no Amends were to be expected for them; but for goods or moveables, amends was to be made for them by the Arbitrators, which were sometime called Correctors, sometimes Dictator's of amends. The Conditions on which it was to continue. The Truce still to continue, so as no Namia, Reprisals or Distresses were to be taken, for any Interception made of moveables within the time of the Truce, nor for any contention before the making of it. No new Castles were to be Built or Fortified in the Marches, or those which were Demolished repaired, during the Truce, and the Lands in the Marches were to remain Commune according to the Stipulation in the last Truce. A. D. 12●6. On the 29 of April the King [3] fol. 429. n 30. A conference at London. called the great men of England (Congregati sunt magnates Angliae ad Colloquium) together at London, to treat about the Affairs of the Kingdom, and on the first day of the Assembly, he removed into the Tower of London; but not one of the Great men would come to him, whereupon he came again to his Palace, and in treating of many things, for the Good of the Realm, Unjust Sheriffs removed, and Corruptions in that Office prevented. the King laudably performed one thing, which was to remove all Sheriffs that were unjust and unfaithful in the discharge of their Office, and substituted men of Birth and Estates in their Room, who would not so readily be corrupted by Gifts and Rewards, and made them Swear they would receive no other Presents but Meat and Drink, and that very moderately. In this Assembly the King of Scots by his Messengers required of the King, the restitution of such Rights as belonged to him by Charter, The King of Scots Demands. and the Testimony of many great men, but nothing was determined in that Affair. At the same time was a great difference between Richard Earl of Cornwall, and Richard Sward, which the King endeavoured to compose, but could not, Several of the Court Officers removed. and thereupon he Banished Sward the Kingdom. He likewise removed Ralph Fitz-Nicholas the Steward of his House, and many other great Officers of his Household, both from their Offices and his Council; and [4] f. 430. l. 1. The Chancellor refused to deliver the great Seal. required the Bishop of Chichester his Chancellor, to deliver up the Great Seal, but he refused, Affirming he received it by the Common Council of the Kingdom (Communi Consilio Regni) and would not resign it up to any one without their Consent. At this time the Emperor sent to demand the Money King Henry had promised with his Sister. Some time in May [5] fol. 431. n. 20. Peter de Rivallis, Rivallis and Segrave received into favour. and Stephan Segrave were received into the King's Favour. On the 8th of [6] Ibid. The King thought such grants invalid, that wanted the Pope's Confirmation. June the King called the Great men of England together at Winchester; where the King by virtue of the Pope's Bull endeavoured to void some Grants he had made before he was Married, alleging they were invalid because they wanted the Pope's Confirmation, to whom the Right of the Kingdom belonged, (ad quem jus regni Spectabat confer.) The Great men were much surprised at the King's endeavours to enslave his Kingdom to such base Conditions. This year the [7] f. 432. n. 40. The King of Scots meeteth the King of England at York. King by the advice of his Great men went to York to compose the difference between him and Alexander King of Scots; who affirmed he had not only a Charter, but the Testimonies of many Bishops, Earls and Barons of King john's Grant of the County of Northumberland to him upon the Marriage of his Daughter johanna. Adding, That if he would not peaceably restore unto him his Right, He would recover it by force. That which encouraged the King of Scots to make this Demand at this time was, What encouraged him to offer such demands to King Henry. that Leolin Prince of Wales would be easily induced to break Peace with King Henry, and the Affinity of Gilbert Marshal who had married Margaret his Sister, and also the present Hostilities beyond Sea. [8] Ibid. n. 50. King Henry gives him satisfaction. The King of England having consulted his present Circumstances, for the preservation of the Peace of his Realm, offered the King of Scots in lieu of the County of Northumberland the yearly revenue of LXXX Marks in some other place, which gave satisfaction to all, and so this Colloquium or Conference was Dissolved. This year the [9] f. 433. l. 1. The Pope's Policy to gain Money from the English. Friar's Predicants, and Minors, went through Cities, Towns, Castles, and Villages in England, and offered plenary Indulgences to any who were confessed, and truly penitent, that would undertake the Cross; and soon after the Pope sent into England Friar Thomas a Templar and one of his Domestics with his Bull to absolve any one from his vow upon payment of a certain Sum of Money towards the defraying the Expenses of the Holy War, and whoever should pay any Money for this end, although he was under no Vow, yet he should have the Benefit of this Indulgence. In the year 1237. at Christmas the King kept his Court at [1] fol. 435. n. 10, 20, 30, 40, 50. A. D. 1237. A Parliament at Winchester. Winchester, from whence he sent out his Writs, Commanding all that belonged to the Kingdom or Government, namely Archbishops, Bishop, Abbats, Installed Priors, Earls and Barons. That all without fa●l should meet at London on the * That is Jan. 13th. Octaves of Epiphany, to treat about the King's Affairs, which concerned the whole Realm, Rex praecipiens omnibus ad regnum Angliae spectantibus videlicet Archiepiscopis Episcopis Abbatibus Prioribus installatis, Comitibus & Baronibus, ut omnes sine Omissione in Octabis Epiphan●ae convenirent regia negotia tractaturi totum Regnum contingentia. The Great men yielded a ready obedience to the King's Summons, believing some very great and difficult affairs were to be transacted, and accordingly on St. Hilary's day an infinite Number of the Nobili●y, that, is the whole University of the Kingdom met at London, Infinita Nobilium multitudo, scilicet Regni totalis Vniversitas Londonias venit. When they were all met and Seated in the King's Palace at Westminster, William de Kele Clerc, and a Domestic of the Kings, a discreet man, and well skilled in the Laws, arose, and as a Mediator between the King and Great Men, The King's gracious offer and Demand. declared the King's Pleasure and intention. That the King Commanded him to tell them that whatever he had done hitherto, He would for the future be wholly directed by their Counsels, who were his Natural and Faithful Subjects. That those who had been his former Treasurers, had been unfaithful in that Office. That the King's necessities at this time pressed him to require an Aid of them, but he would consent that whatever was granted should be both Collected and Disposed of for the necessary uses of the Kingdom, by such whom they should name and choose for that purpose. To this they replied, The Reply made to him. That they had very often Granted and paid sometime a Twentieth, than a Thirtieth, and again a Fiftieth part to the King; yet h● could never be prevailed with to remove or banish from him any one of the Enemies of the Kingdom. That he had never enlarged but had straightened his Dominions; And for the Assistance of others, had extorted very frequently great Sums of Money from his own natural men (à naturalibus suis hominibus) as from the meanest of Slaves. The King Answered, The King's Answer. That his Sister's Portion Paid to the Emperor, and his own Wedding had emptied his Pockets, and if they would grant him a Thirtieth part, He assured them upon Oath, He would never more give them an Occasion to Complain. They replied, That these things were done without their consent, and seeing they were free from the fault, they ought not to partake of the punishment. After this they retired to consider how they might moderate and also satisfy the King's desires. And on the other side, the King being much [2] fol. 436. lin. 1. He is concerned how to gain the good will of his Barons. concerned how he should gain the good will of his Barons; assured them, that he never endeavoured by the Pope's Bull to void those Grants he had confirmed to them by his Charter; and if any such thing had been Suggested to him, he altogether disallowed it, and that he would inviolably observe all the Liberties of the Great Charter. (Omnes Libertates Magnae Chartae observare) and for their better security, Commanded the same Sentence that Stephan Archbishop of Canturbury denounced against the infringers of this Charter, to be again solemnly pronounced, that the Violators might be the more inexcusable. After this he added the Earl of Warren, William Ferrars, and John Fitz-Geofry to his Council, who Swore they would never be corrupted by gifts to deviate from truth, and would always give the King good and wholesome Counsel. A Thirtieth part of all Movables granted to the King. Then a Thirtieth part of all moveables was granted to the King, excepting every man's Gold and Silver, and his Horses and Arms, which were to be used for the Benefit of the Commonwealth. And for the due [3] See Append. n. 159. Collection of the aforesaid Thirtieth part which was made the year following, four Trusty Knights (4 Milites fide dignos) [4] Ibid. n. 20, 30. The manner how it was to be Collected and Secured. were to be chosen in every County. To whom the King was to add one Clerc in every County in England, who were all Sworn duly to Collect and Secure the Money in some Abbey, Church, or Castle, That if the King should recede from his promise, it might be restored to every one again. So that when the Collectors came to Levy, it was paid on this condition, On what conditions paid. That from thence forward the King should reject all Counsels and Advices of Foreigners and Strangers, and adhere to those of his Faithful and Natural Men. Annexum fuit in conditione quod ex tunc & deinceps consilio alienigenarum, & omnium innaturalium derelicto, suorum fidelium & Naturalium hominum consiliis adhaerebit. About this time [5] Ibid. n. 50. vid. fol. 403. n. 40. Leolin Prince of Wales puts himself under the King's protection. Leolin Prince of Wales, being wearied out with continual Wars and Age, sent Messengers to the King to desire a confirmation of the League that was between them, and also to put himself and all his under his protection, and that he would hold his Lands of him in Fealty and Friendship, by an indissoluble League, promising to assist him in all his Expeditions with Men, Horse, and Money, as far as his ability would reach. The King accepted his Offer, and sent the Bishops of Hereford and Chester to confirm it. The Record on the close Roll of 21 Hen. 3. m. 11. Dor. Dated June 16. seems to give much credit to this Relation. This year [6] fol. 437. n. 10, 20. Hubert incurs the King's displeasure. but is soon again reconciled. Hubert Earl of Kent incurred the King's displeasure in Marrying Richard Earl of Gloucester his Ward, to his Daughter Margaret, without the King's consent, but was soon reconciled again; Hubert protesting that he did not know the King had designed another for him: And also promised to pay a sum of Money, which appeased the King's Anger. About the Nativity of St. John Baptist, [7] fol. 439. n. 30, 40. A. D. 1237. Frederick the Emperor invited all Christian Princes to meet at Vantulur, to Treat about some difficult Affair, which concerned as well other Kingdoms as the Empire. The King of England designed to send Richard Earl of Cornwall his Brother, with other Great Men, under the conduct of the Archbishop of York, and the Bishop of Ely to be his Deputies at this Meeting. The Bishop of Winchester was chosen, but he refused to go, because the King had formerly accused him to the Emperor, as one that disturbed the Peace of his Kingdom. When every thing was prepared for their Journey, they had notice from the Emperor, that the Assembly was deferred till Christmas following. About the Feast of St. Peter and St. Paul, June 29. [8] fol, 440. n. 10. Otto the Pope's Legate comes into England at the King's request. Cardinal Otto the Pope's Legate came into England at the request of the King, but without the Knowledge of his Great Men, for which (it was said) the Archbishop of Canturbury very much blamed the King, as a thing prejudicial to his own Dignity, and a great damage to the Kingdom. However he would not hearken to his Counsel, but received him, as also did the Clergy, with great Pomp, Ceremony, and large Gifts, [9] fol. 443. n. 10. He reconciled the Noblemen that were at variance. Some of which he refused (contrary to the usage of those which came from Rome) which very much abated the Hatred conceived against him; and by his endeavours Peter Bishop of Winchester, Hubert Earl of Kent, Gilbert Basset, Stephen Segrave, and Richard Sward were reconciled to one another, as likewise many others. According to the [1] fol. 445. n. 30, 40. Act made in the late Assembly of the Great Men at London, on St. Hilary's day, The Thirtieth part that was granted to the King, was to be Collected and secured in some Monasteries or Castles, The King guided by Foreigners and his Liberality towards them. to be disposed of towards the defraying the necessary expenses of the Kingdom; but the King bestowed it upon Strangers, who carried it out of the Realm, and was now wholly Governed again by their Counsels, which much moved the Great Men, and more especially [2] Ibid. n. 50. Earl Richard represents to him the state of the Realm. Richard Earl of Cornwall, who went to the King, and represented to him the miserable state of his Realm. That He had scraped from and spoiled his natural Subjects of their Money and Goods, and had inconsiderately bestowed it upon Foreigners. Adding, that the Archbishopric, and all the Bishoprics of England had been void in his time, except that of York, Bath, and Winchester, beside what arose from Abbeys, Earldoms, Baronies, Wardships, and other Escheats, and yet his Treasury never increased. Moreover he had lately called in the Pope's Legate, whereby he had so enslaved himself, that He could do nothing in his Realm without his consent, and was no longer [ ] fol. 446. lin. 4. His principal Counsellors King, but a Feudatary of the Pope. His principal Counsellors and advisers in these things, were John Earl of Lincoln, Simon Earl of Leicester, and Friar G. a Templar, all of them born within the Kingdom, which rendered them the more odious to the Nobility of England. Quos idcirco magis habebant Nobiles Angliae exosos, Quia de Regno ipso duxerunt Originem: Yet Simon Montfort Earl of Leicester, and John Lascy Earl of Lincoln were of French and Norman Extraction. On the 14th of September the King [4] Ibid. n. 30, 40. A D. 1237. A Parliament assembled at York. summoned his Great Men to meet him and the Legate at York, to Treat upon some great Affairs that concerned the Kingdom, Rex scripsit Magnatibus suis ut coram eo & Domino Legato in exaltatione S. Crucis apud Eboracum convenirent de arduis negotiis regnum contingentibus tractaturi. The King of Scots met him there to make an end of the difference that was depending between them. An agreement between King Henry and the King of Scots. After much consultation and debate, it was agreed That the King of Scots should have (Trecentas Libratas terrae) a. It was but Two hundred pounds by the year as appears upon Record, for Pat. 22. Hen. 3. M. 8. Thomas Muleton and others were appointed to set it out in the Counties o● Cumberland and Northumberland, and such Lands upon which there was no Castles. Dated March 16. 1238. Another Order to John Fitz-Philip and others to set them out. Pat. 22. Hen. 3. M. 5. Dated May 29. Another Pat. 25. Hen. 3. M. 11. Dor. to Hen. de Nokescn and others, Dated Nou. 21. And another to the Bishop of Durham, Pat. 26. Hen. 3. M. 9 to set out 200 pounds per annum in the Counties of Northumberland, Cumberland and Westmoreland, according to an agreement made in Writing between the two Kings, Dated Feb. 16. But that they were settled at last, and that he was in possession of them it appears by Claus. 36. Hen. 3. M. 23. Dor. Dated Feb. 21. Three hundred pound Lands by the year in England, for which he should do Homage to King Henry, but should not build any Castles upon it, and was to quit all pretences to any farther claim. [5] Ibid. n. 40. The Legate signifies his desire to visit Scotland. The King of Scots Answer. Then the Legate signified to the King of Scots, that he would go into Scotland, to Treat upon Ecclesiastical Affairs there, as in England, to whom the King answered, That He never remembered a Legate called into his Kingdom, and (He thanked God) there was no need of any now; for neither his Father, nor any of his Antecessors had suffered any to enter, and as long as He was Master of himself He would hinder it; and withal advised him, to take heed how, and when he entered into his Land, for he had an ungovernable people, whose violence and fury would not be restrained. When the Legate heard these things, The Legate altars his Thoughts. he altered his thoughts of seeing Scotland, and kept close to the King of England, whom he found very obsequious in all things. In the year 1238. King Henry at Christmas kept [6] f. 465. n. 40. A. D. 1238. Simon Montfort Marrys Alienor the King's Sister. his Court at Westminster, and on the day after Epiphany Simon Montfort Married Alienor the Kings Sister, the Relict of William Marshal late Earl of Pembroke. Soon after the [7] f. 466. n. 20, 30, 40. The Pope revoketh Otto his Legate in England. His own contrivance to continue his stay. Pope hearing great disturbances were like to arise in England, upon the calling in, and continuance of his Legate there, He sent his Letters to revoke him: but he being very unwilling to part from England, where he reaped such advantages, prevailed with the King, Earl Richard and all the Bishops to certify to the Pope under their Hands and Seals, that his continuance here in England would be of great advantage to the King, the Church and the Realm. When [8] f. 467. n. 10, 20, 30, 40, 50. The Nobility Stomached Montfort's Marriage. Earl Richard rebuked the King for adhering to the Counsels of Foreigners. Earl Richard and the Great Men heard that Simon Montfort had privately Married the King's Sister Alienor, they very much stomached it, because it was done without their privity and consent, and Earl Richard went to the King and gave him hard words, because he still adhered to, and was guided by the Counsels of Strangers, contrary both to his Promises and Oaths. Gilbert Earl Marshal, and all the Earls and Barons of England, seconded Earl Richard, whom they looked upon to be the Man that should free the Land from Romans and other Strangers. No one now stood close to the King but Hubert Earl of Kent. When the Legate saw the danger the Kingdom was in, He applied himself to Earl Richard, The Legat's advice to Earl Richard rejected. and advised him to desist, and promised him very large possessions from the King, and a confirmation of them to him from the Pope. To whom the Earl answered, That he had nothing to do with the Estates of Laymen, or their Confirmation, and might concern himself with Ecclesiastical Matters: But would not have it seem strange to him that he was so much concerned for the present state of the Kingdom, seeing He was apparent Heir to the Crown, (Cum simsolus Haeres Apparens); And although so many profits, accrued every way to the King, yet the Treasury was empty, when the Kingdom was on every side encompassed with Enemies, and Strangers, enriched with Church Revenues and Benefices, Given and Founded by our pious Ancestors. When the Legate heard this [9] f. 468. n. 10. he endeavoured by admonition, Entreaties, and threats, to allure or affright them into a compliance, but to no purpose, for the King saw their inclinations were bend toward his Brother. He therefore when he could prevail nothing, desired time till the day after the first Sunday in Lent to give his Answer. [1] Ibid. n. 20. The Great Men come armed to meet the King at London. Accordingly on the day appointed the Great Men met at London, guarded and strengthened with Horse and Arms (Equis & Armis Communiti) to constrain the King, if he refused to the performance of the promises. After many Debates, the King promised to submit himself (Provisioni quorundam de gravioribus viris) To the Determination or direction of some of the most discreet Men; which was reduced into writing, and Sealed both by the Legate, and the other Great Men. At thi● time Simon Montfort and the Earl of Lincoln, by their humble submission, and the intercession of others, and some Gifts, Earl Richard brought ●ver to the King's side. so wrought upon Earl Richard, that he was reconciled to them, having first given caution to satisfy for the injuries committed, yet it blasted his Reputation, and his Integrity was suspected. This year on the 4th of March died Joanna Queen of Scots; eldest Sister to King Henry. Simon [2] f. 468. n. 40. Montfort goes to Rome to procure a Confirmation of his Marriage. Montfort seeing himself neglected by the King, Earl Richard and the Great Men, and his late Marriage with the King's Sister like to be annulled, gathered what Money he could together, went to Rome, hoping to procure a Confirmation of his unlawful Marriage. The Countess of Pembroke remaining at Kenilworth great with Child, expecting the event of the Journey. With his [3] f. 471. n. 10. His success there. Money he so prevailed with the Pope, that notwithstanding it pleased not Edmund Archbishop of Canturbury, and his opposition, He wrote to his Legate Otto to give Sentence for Simon Montfor●, and on the 14th. of [4] Ibid. f. 47●. n. 10. He is kindly received by the King. October he returned into England, and was received by the King with a Kiss and great Joy, and likewise by all the Courtiers. This year [5] f. 469. n. 30, 40. Otto the Legate honourably received at Oxford. An unfortunate quarrel between his Servants and the Scholras. The Legate's Cook slain. His flight and complaint to the King. the Legate went to Oxford, and was Honourably received by the Scholars, and lodged in the Abbey of Osney. One day after dinner the Scholars came to pay their Respects to him. but were uncivilly repulsed by the Porter, and ill Treated by the other Servants, which occasioned reproachful words on either side. In the mean time a poor Irish Scholar begging for some relief at the Kitchen Hatch, the Legates chief Cook cast a Ladle full of boiling water on his Face; A Welchmnn standing nigh him, and seeing this affront, cried out, How long shall we endure this? and forthwith shot the Cook through the Body with an Arrow, who immediately fell down dead. When the news came to the Legate, He secured himself in the Church till night, and then by the benefit of the darkness made his escape, and hastened to the King, and with many complaints and Tears, related what had befallen him at Oxford [6] f. 470. n. 10. The Earl of Warren sent to repress the insolence of the Scholars. Oxford Interdicted. Upon this, the King being moved, sent the Earl of Warren with some Armed Men to Oxford to relieve the Legates Servants who were still in the Abbey, and to repress the insolence of the Scholars; the Earl took about Thirty and imprisoned them in Walingford- Castle; the Legate after he had recovered his fright, called some Bishops to him, Interdicted Oxford, and Excommunicated all that were Abettors or consenting to the late Enormity. Soon after he summoned all the Bishops of England to meet him at London, A. D. 1238. on the 17th of May, to Treat with them about Ecclesiastical Affairs. The Bishops offered something in behalf of the Scholars of Oxford, urging, the Quarrel was begun by the Legates own Servants, although in the event the fault was on the Scholar's side, whereof a great number of them were at his pleasure imprisoned, and the rest in a readiness to make their submission to him; [7] Ibid. n. ●0. At length the Legate was prevailed upon to restore them on these conditions, That all the Scholars should meet at St. Paul's Church (which was about a mile from the Legates Lodgings) and go on foot till they came to the Bishop of Carlisle's House, On what conditions restored. and there should put off their Coaps, Mantles, and Shoes, and go to the Legat's House, and humbly beg his Mercy and Pardon; which being done by the Scholars, the University was restored, and the Legate promised it should be no infamy or reproach to them. This year soon after Easter the King sent assistance [8] Ibid. n. 40. The King sendeth men to the Emperor's Assistance to the Emperor against his Rebellious Subjects in Italy, under the conduct of Henry de Trubleville, an expert Soldier, who were very successful in their attempts, and reduced many Cities to the Emperor's Obedience. He likewise sent a Letter to the Pope in the Emperor's behalf, which was taken very ill at the Court of Rome, It is ill taken at Rome. and put a stop to all English Affairs for some time. This year [9] f. 472. l. 3. Peter Bishop of Winchester Dyes.. on the 9th of June Dyed Peter Bishop of Winchester at Fernham, after he had governed that Church about 32 years. The King endeavoured what he could to [1] f▪ 473. n. 20, 30. The Monks refuse to choose him, the King recommended. incline the Monks to choose William the Elect of Valence to succeed in that Bishopric, but could not prevail with them, for they made choice of William Rale, but the King refused him, and Swore he would never accept him. Then they proceeded to treat about another choice. When the King heard of it, he endeavoured to influence or affright them to compliance with him by promises and threats, but to no purpose, for they elected Ralph [2] Ibid. n. 50. They choose the Bishop of Chichester the Chancellor. The Seal taken from him. His Election voided at Rome. Nevil Bishop of Chichester the Chancellor, which raised the King's indignation to such a height that he bitterly reviled and reproached both the Monks and him, and violently forced from him the Great Seal, and delivered it to Galfrid a Templar, and John de Lexington, but the Profits of the Chancellorship, belonged still to the Bishop. Then the King sent two Lawyers Simon and Alexander, to the Court of Rome, who by Money and promises procured this Election to be voided. This year when the [3] fol. 474. n. 40, 50. A. D. 1238. A Plot against the King's life discovered, and the Traitor taken. King was at Woodstock, on the 8th of September, there came one to his Court, who feigned himself mad, requiring the King to resign his Kingdom to him; when the Ministers about the King would have forced him away with blows, he hindered them from offering any violence to him, affirming, he did nothing but what became a Mad man. But about Midnight it was discovered by one of the Queen; Maids, Margaret Biseth, who was at her Devotions, that he made a close search for the King, who that night lay with the Queen; she cried out, and with her noise alarmed the Guards, who broke in upon him, and secured him till next morning, upon Examination he confessed, He confessed who employed him, and is Executed. that he was employed by William de Marisco the Son of Geofry de Marisco, to assassinate the King, and that many others were in the Conspiracy. Then he was Condemned to be drawn asunder by Horses at Coventry. In the year 1239. A. D. 1239. King Henry at Christmas kept his [4] f. 48. l. 3. Court at Winchester while he was at Dinner one Day, Gilbert Earl Marshal came with several of his Friends to the Palace; [5] Ibid. n. 20, 30. Gilbert Earl Marshal refused entrance into the King's Palace. He is very severely checked and reprimanded by the King. but were denied entrance by the Doorkeepers. The Earl (suspecting something had been whispered to the King to his prejudice) sent to the King next day to know the reason why such an Affront was offered him the day before. To whom the King replied, That R●chard his Elder Brother was a Traitor and a Rebel, and continued so till Divine Vengeance overtook him, and that through the importunate intercession of the Archbishop of Canturbury, not for his own merit, He had restored to him both his Brother's Office and Inheritance, but could recall it when he pleased. When the Earl heard the King's Answer, he retired from Court, and went into the North of England. On Candlemass day following, the King made Simon Montfort [6] Ibid. n. 40. Montfort made Earl of Leicester. Earl of Leicester, and received Stephen de Segrave again into his Council. This year the Pope by his Letters [7] fol. 484. n. 10. Otto again revoked, but at the King's request, is continued. revoked Otho his Legate; but the King fearing his Great Men would unanimously oppose him next Parliament, sent away Messengers to the Pope to permit him still to continue in England to appease the Troubles he expected. Soon after Easter the [8] f. 485. n. 30. The King inviteth the Bishop of Chichester to return to his Office. But he refused. King being sensible of his own indiscretion, in discharging the Bishop of Chichester from the Chancellorship, and removing him from his Court, used all allurements he could to prevail with him to return to his Office, but he refused, still remembering how he had been treated by the King in procuring his Election to Bishopric of Winchester to be voided; when he had served both him and his Father so long with Fidelity and integrity. This year in Lent Pope Gregory [9] fol. 486. n. 40. The Emperor Excommunicated by the Pope. Excommunicated and Anathematised or Cursed Frederick the Emperor, because he justified himself, and would not hearken to his admonitions. On the 16 of June following Queen [1] f. 488. n. 40. A. D. 1239. Prince Edward born. Alienor was safely brought to Bed of Prince Edward at Westminster, and on the 4th day after war Baptised by the Legate (although he was no Priests,) and the Archbishop of Canturbury confirmed him in the Conventual Church, in the presence of many Bishops and Great Men. This year [2] f. 490. n. 10, 20, 30. Ranulph Canon of St. Paul's falsely accused of Treason, by the King's Writ he is Imprisoned in the Tower. William one of the King's Messengers being convicted of many Crimes, was Condemned to Die; but to prolong his own Life, he accused several of the Court of Treason, and among the rest Ranulph Brito, Canon of St. Paul's and Treasurer, who was by the Kings Writ to the Major of London, apprehended and Imprisoned in the Tower. Whereupon the Dean of London with the Canons in the absence of the Bishop, proceeded to excommunicate all that were actually concerned in this violation of the Church's Peace. And the King being admonished by the Bishop to correct his Error, neglecting it, the whole City of London was threatened to be Interdicted by the Legate, London threatened to be interdicted. Archbishop, and Bishop of London Then the King (though against his Will) released him, but on this condition, that he should appear when ever he should call him to his Trial, but the Church would not consent to it, so at length he was set at liberty, but discharged the Court. Stephen Segrave was now become one of the King's chief Counsellors, and behaved himself with more modesty and prudence then formerly. Soon after the person that defamed Ranulph, and many others, was executed on a Gibbet; and then confessed that he accused them only to prolong his own Life. On the 9th of August [3] f. 497. n. 50. The King showeth his passion and displeasure against Simon Montfort. the Great Ladies met to accompany the Queen to her Churching; when the King saw Simon Montfort Earl of Leicester, and his Wife there, He told him he was an Excommunicated person, and prohibited both him and his Wife to be present at that Solemnity; adding, that he had first corrupted his Sister, and to avoid scandal had Married her; and then went to Rome to procure the Pope's Confirmation of this unlawful Marriage: when the Earl heard these words from the King [4] f. 498. n. 10. He and his Wife retire from Court and pass over Sea. he was much abashed, and that Evening took Ship with his Wife, and some few attendants, and passed over Sea. On the last of July the [5] f. 498. n. 10. And f. 515. n. 10. The Bishops consult how to relieve the Church from the exactions of the Legate B● to no purpose. Bishops met at London to consider how they might relieve the Church of England from those oppressions it lay under, by the perpetual exactions of the Pope's Legat. But instead of easing them, He demanded Procurations: To whom they generally Answered; That the Church had been so often squeezed by him, and others from Rome, that they could endure it no longer; so the Council was dissolved, not without Murmurs and Complaints, yet he extorted much Money from the Religious. Soon after the Legate went towards. [6] Ibid. f. 498. n. 20. A. D. 1239. The Legate refused entrance into Scotland. Scotland with a guard of English to secure him from any treacherous attempts. But before he entered that Kingdom, he was met by the King of Scotland, who told him, That never any Legate had entered there before, and there was no occasion for any at this time, for Christianity flourished there, and the Church was in a prosperous condition. But when words began to multiply on both sides, and the King ready to prohibit his Entrance, At last he is admitted, but under conditions. through the intercession of the Great Men of England, it was agreed under Hand and Seal of the Legate that this should not be drawn into a precedent. This year several [7] f. 525. n. 50. Articles of High Treason drawn up against Hubert Earl of Kent Articles of Treason, and high misdemeanours were by the King's Order drawn up against Hubert Earl of Kent, pretended to be committed by him while the management of the King's Affairs passed through his hands. To all which he answered by [8] f. 51●. n. 29. Laurence a Clerc of St. Alban (his close Friend in all his Adversities,) with such modesty and submission, that all that heard him, were satisfied with the Earls Innocency; although the King and all the Lawyers, or rather Sergeants, did what they could to make him guilty. Licet Rex cum omnibus prolocutoribus Bane●, He resigned into the King's hands four of his Castles. Quos narratores vulgariter appellamus, in contrarium niterentur. However, the wrath of the King was not appeased, until he had resigned into the King's Hands four of his Castles, namely Blanch, Grosmund, Screnesrith, and Hatfield. The Articles, and the Earls [9] Append. n. 160. Plea to them are to be seen at large in Lib. Additament. Paris f. 149. This year the Pope [1] f. 517. n. 50. Robert Brother to the King of France chosen Emperor by the Pope and his Conclave. wrote to the King of France, to let him know that He had by the advice of his Brethren, excommunicated and deposed Frederic the Emperor, and had made choice of Earl Robert his Brother to succeed in the Empire, and promised not only his own, but also the assistance of the Universal Church, to establish him in the possession of the Imperial Crown. To which the King of France answered; That he knew not [2] Ibid. f. 518. lin. 4. The King of France refused to be engaged in the Affair. by what Authority so Great a Prince was deposed, nor was satisfied that the crimes objected against him were ever proved; and if they were, it ought to be done by the Act of a General Council, and not by the Pope who was his Capital Enemy; nor had he found so much Religion in the Pope as in him; and therefore would not be engaged in so dangerous an Affair. In the year 1240. A. D. 1240.3. f. 523. n. 30. King Henry kept his Christmas at Winchester, where he Knighted Baldwin de Ripariis (that is Rivers) and then made him Earl of Wight, and Married him to the Daughter-in-law of his Brother Richard Earl of Cornwall. In the Octaves of Epiphany (or 13th of January) [4] Ibid. n. 50. The Bishop's complaint before the King of injuries offered to the Church. the Arch-Bishops and Bishops with many Great Men (Cum multis aliis Magnatibus) met at London, the Legate being present; where before the King in his own Court they made grievous Complaints of the Injuries, Oppressions, and Desolations that were brought upon the Church by his means, contrary to his Charters and Oath, in keeping many Churches void for a long time, and taking the Profits of them, and for hindering Canonical Elections. And about 30 Chapters, The Chapters second the Bishops. (30 Circiter Capitulae) seconded the Bishops in their complaints against the King, and at length they proceeded to Excommunicate all those Counsellors of the Kings who had inclined his Mind to such Enormities. At this time the King received Letters by Messengers from [5] f. 524. n. 20. The Emperor's complaint against the King. the Emperor, wherein he complained that he had forgotten he had Married his Sister, when he suffered the Pope's Sentence of Excommunication against him to be published in his Realm, and had inconsiderately called in, and continued in his Kingdom the Pope's Legate, and Coadjutor in these practices against him. Wherefore he desired he might be thrust out of England as an Enemy, and pillager of his Subjects; to whom the King most shamefully answered, The King's Answer. That he ought to obey the Pope and his Ecclesiastical Commands, because he was His Tributary and Feudatary. [6] Ibid. n. 30. He adviseth the Legate to departed his Kingdom. The Legates reply. However, after some consultation with himself, he advised the Legate to leave his Kingdom, lest by his stay here he should incense the Emperor. He replied, that he had called him into his Kingdom, and therefore required safe conduct for his return; but in the mean while he was not idle in collecting and [7] Append. 161. forcing the Clergy to pay Procurations; Moreover, hearing (as he said) that some that had undertaken the Croysado, and were unable to fight, went to Rome for Absolution from their Vow; by his Letters he invited all such that were desirous of [8] Append. n. 162. His policy and contrivance to get Money. Absolution, and willing to spare their labour and expenses to come to him, and upon the payment of a sum of Money they should be Absolved from their Oath, for that he had received the Pope's Command, that he ought not barely to Absolve them, but also to compel them to redeem their Vow. That is, to compound for their Absolution. In April following, Simon [9] Ibid. n. 20. Montfort kindly received by the King and Court. Montfort Earl of Leicester returned again into England and was very kindly received by the King and Court; but designed to make no stay here, but only to furnish himself with Money from his Tenants, and other necessaries for his journey to the Holy Land. At the same time there arose such a difference between the Scholars and Citizens of Oxford, that many of them removed from thence and came and settled at Cambridge, [1] Ibid. A great difference between the Scholars and Townsmen of Oxford. where the Scholars obtained certain Liberties from the King against the Townsmen, and had his Grant or Charter of them. About this time also the King [2] Ibid. n. 40. Allegiance sworn to Prince Edward. caused the Citizens of London and the Wardens of the Cinque Ports to Swear Allegiance to Prince Edward his first Born. On Tuesday before the [3] Append. n. 163. A. D. 1240. David, Prince of Wales offers Homage to King Henry for that Principality. Feast of St. Dunstan, which was May the 14th, David the Son of Lewelin Prince of North-wales offered King Henry his Homage for that Principality, and the Lands which King Henry's Barons held there; And they both submitted themselves to the Arbitrement of Cardinal Otto the Pope's Legate, and the Bishops of Norwich and Worcester, the Earl of Cornwall, and John de Monmouth on the King's part; and the Bishop of St. Asaph, Idenevet Vaughan, and Eynguan Vaughan on Prince David's part; And both parts bound themselves by Oath, to stand to this Arbitration; and furthermore they both submitted themselves to the Jurisdiction and Determination of the Legate so long as he stayed in England, The agreement between both parties. to compel either part by Ecclesiastical Censure, that should not observe the Articles of the Arbitration, or refuse to make amends for any Transgression against it as he should award. And after this Legantin Office was determined, or that he was Recalled, than they submitted themselves to the Jurisdiction and Coercion of the Archbishop of Canturbury and his Successors, and Church of Canturbury. And by this Peace all the Homages of the Barons of Wales were to be performed to the King, and all Burn, Slaughters, and other mischiefs done on both parts were to be remitted, About that time [4] f. 526. n. 20. An assembly of the Bishops and great men at Reading. The Legate demandeth a Fifth part of all Goods. the Arch-Bishops, Bishops, Abbats, and some of the Great Men of England met at Reding, to hear from the Legate what the Pope's demands were. When they were come together, and Silence made, The Legate declared the Pope's care, and charge in securing the Peace of the Church against the assaults of Frederick the Emperor; and for his support he required one Fifth part of all Goods. The King had before given his consent, affirming he neither [5] Ibid. l. 9 The Bishops at first oppose it. would nor durst oppose the Pope: But the Bishop looked upon this as an insupportable burden, and that it concerned the Universal Church; wherefore they desired time to deliberate upon an Affair of so great weight [6] f. 527. n. 30. But at last consent to pay it. . After some consideration, the Archbishop of Canturbury consented to pay the Fifth part of his Rents, which amounted to 800 Marks, [7] f. 532. n. 50. The Archbishop leaves England. and the rest of the Prelates of England followed his example. But when they saw the Church of England was every day more and more oppressed, spoiled, and deprived of its Liberties, without hopes of remedy, and that the 800 marks he gave to the Pope, availed nothing, he left England, and settled himself in the Abbey of Pontiniac in France. This year the [8] Ibid. n. 40. Pope sent his Precept directed to the Archbishop of Canturbury, and to the Bishops of Lincoln and Salisbury, Three ●u●dred Romans sent into England by the Pope to be Beneficed. commanding them to prefer 300 Romans to the first vacant Benefices in England, and not to collate any others till they were all sufficiently provided. This year [9] Ibid. n. 50. Peter Ruby sent hither to be the Pope's Collector. His contrivance to squeeze Money from the Religious. the Pope sent into England Peter Ruby, to be his Collector in England, who went about to the Chapters of Religious Houses, and of some he gained a promise to pay so much Money for uses not mentioned, as such a Bishop, or such an Abbot had done; and then urged to others their examples, whereby many were seduced and cheated of their Money. When the Abbats were sensible of this detestable practice, [1] f. 534. n. 10. two of them, namely the Abbats of St. Edmund●, and of Battle-Abby, went to the King and made known their grievance to him, urging, if such Exactions were suffered, the Baronies they held of him would not answer the Services that were due to his Crown; Two Abbats represent the Oppressions to the King. He received them with frowns and threats and therefore they humbly supplicated him for remedy and redress. But the King received them with frowns, and told the Legate, who was then present, that He might do what he pleased with them, adding, that he would accommodate him with one of his Castles, to imprison them: Upon this some yielded to the forementioned exactions, but others refused to bring themselves under such detestable servitude; [2] Ibid. n. 20, 30, 40, 50. The Bishop's steady resolution not to consent. Then the Legate with Peter Ruby Assembled the Bishops at Northampton, but could gain no positive Answer from them, but only several exceptions against the Contributions. Then he summoned the Rectors of Churches in Berkshire to meet him and his Accomplices, and endeavoured both by promises and threats, either to allure, or affright them into a compliance; The Clergy of Berkshire refuse to comply with the Legat. But they resolutely stood it out, affirming they ought not [3] f. 535 l. 5. and n. 10, 20, 30, 40, 50. Their reasons against paying any Money. to contribute any thing against the Emperor, because he was neither convicted or condemned by the judgement of the Church, nor because he possessed himself of the Patrimony of the Church, which used not Secular force against Heretics, although he was Excommunicated by the Pope: Item, That as the Roman Church had its own Patrimony, so other Churches had theirs also, by the Grants and Beneficence of Kings, Princes, and other Great Men, no ways Tributary to the Church of Rome. Item, That although the care of the Church belonged to the Pope, yet the Dominion and Propriety did not. Item, That their Revenues were so small, that they would scarce supply them with necessaries; therefore they ought not to be compelled to any Contribution. When the [4] f. 536. n. 30. The Legat's policy ●o gain his ends. Legate and his Accomplices saw the steadiness and constancy of the Clergy one to another, they endeavoured to set them at variance. The Legate went to the King, and soon inclined him to favour the Pope's cause; and his Associates, went to the Bishops and Archdeacon's, some of whom they gained by promises of preferments, and rewards; and by this means the unanimity and strength of the University of the Clergy was broken. This year Gilbert [5] f. 540. n. 20, 30. Gilbert Earl Marshal reconciled to the King. Earl Marshal, was through the powerful intercession of Richard Earl of Cornwall reconciled to the King. And Mauritius Justiciary of Ireland came to London, and by the King's means the Earl Marshal and He were made friends; and soon after [6] f. 542. n. 30, 40. He removed Simon Norman from being Chancellor. Simon Norman the Chancellor, and the King's chief Favourite, and the Legates close Friend, was removed from the Chancellorship, and all other preferments, but the Archdeaconary of Norwith. This year [7] fol. fol. 545. n. 30. Edmund Archbishop of Canturbury died beyond Sea. In the year 1241. A. D. 1241. King Henry [8] fol. 548. n. 50. Otto the Pope's Legate leaves England. kept his Christmas at Westminster, where he Knighted the Legat's Nephew, and a Provincial; and gave them plentiful Revenues. Four days after the Legate received Letters from the Pope, commanding him without delay to come to Rome. After he had taken his solemn leave of the King, with many Sighs and kind Embraces, they parted; He took Ship at Dover the day after Epiphany, and left England; no one but the King [9] fol. 549 n. 20. His great Oppression and Extortion from the English Clergy. lamenting his departure; for he had so pillaged the Clergy, that (setting aside the Holy Vessels, and Ornaments of the Church) he left them not so much as he had extorted from them; besides 300 Rich Benefices and Prebendaries were appropriated to his own and the Pope's use. This year [1] 550. n 30. The Jews fined and forced to pay great sums to the King. the Jews were fined, and forced to pay the King 20000 Marks, or were to be banished, or perpetually imprisoned. This year the Pope [2] fol. 554. n. 40, 50. The Pope's demand of the Abbot and Convent of Burgh. wrote to the Abbot and Convent of Burgh, Commanding them to Grant unto him One of their Parsonages of the yearly Rent of 100 Marks, but if it were double that value it would please him better; and He would Rent it to them again, at 100 Marks by the year, and the residue should be their own. He likewise wrote to many Romans that were Beneficed in England, to solicit and further it by admonition, if not, to compel them to a compliance with his desires. The Monks answered, they could do nothing without the King's consent, who was their Patron and Founder; The Monks Answer. They refuse to comply. and also their Abbot was now absent. Then the Italian Clercs came into England to Peterburgh, and urged them to do it without either the Privity of the King or their Abbot. This the Monks utterly refused, but desired they might not be pressed for an Answer till their Abbot came home; and then they sent [3] Ibid. 555. lin. 8. The King displeased at the practice of the Italian Clerc: and acquainted their Abbot with the whole business, who sent William de Burgh his Clerc to the King, to let him know how dangerous the consequence of such a thing might prove. The King being made sensible of the detriment the Church would hereby sustain, and detesting the Covetousness of the Court of Rome, strictly prohibited them from proceeding any further in such enormous Attempts. In April following the [4] Ibid. n. 30, 40, 50. A. D. 1241. Boniface the Queen's Uncle elected Archbishop of Canturbury. Monks of Canturbury by the Contrivance and great industry used by the King in that affair, elected Boniface Queen Alienors' Uncle, Archbishop of the placr, who was approved of, and confirmed both by the King and the Pope. This year June the 27 Gilbert Earl Marshal was [5] fol. 565. n. 30. Earl Marshal slain in a Tournament at Hertford. killed by the unruliness of his Horse after the Rains were broken in a Tournament at Hertford. At the same time Robert Say one of his Knights was likewise slain, and many Esquires wounded and hurt. Otto the Pope's Legate at his Departure left behind him [6] fol. 566. lin. 7. Peter Ruby, and Peter Supin, and with them the Pope's Bull, by which they had power to Collect Procurations, to Excommunicate, Interdict, and by several ways to Extort Money from the English Church. On [7] Ibid. n. 20. Midsummer day June 24th, when Richard Earl of Cornwall and Poictou was in the Holy-land, the King of France invested his Brother with the Honour of that Earldom. This year [8] fol. 569. n. 50. Griffin treacherously dealt with by his Brother David. The Bishop of Bangor Excommunicates David. Griffin the Son of Leolin Prince of Wales was treacherously Imprisoned by his Brother David, who would not be persuaded to release him. Upon this Richard Bishop of Bangor first Excommunicated him, and then applied himself to King Henry for Remedy, who sent to David and severely blamed him for his Treachery and unkindness to his Brother, and urged and commanded him to give him his liberty; to whom David returned a malapert Answer, Affirming Wales would never enoy peace if he were s●t at liberty. When [9] fol. 750. lin. 1. Griffin offers to become Tenent to King Henry for his liberty. Griffin understood this, He sent privily to King Henry, That if he would free him from his imprisonment, He would become his Tenent, and pay him 200 Marks a year for his Land, and swear Fealty to him, and would assist him in subduing the rebellious Welsh: At the same time also Griffin the Son of Madoch, the most potent Man of the Welsh promised the King his utmost assistance, if he would enter Wales with force. The King having so advantageous an Offer made him, joyfully accepted it, and [1] Ibid. f. 570. n. 10. The King accepts the offer, and prepares to enter Wales. David affrighted into a Capitulation. summoned all who ought Military Service, to meet him at Gloucester with Horse and Arms in the beginning of Autumn; and from thence with a great Army he marched towards Chester, which so affrighted David, that he capitulated, and freed his Brother from his imprisonment, and delivered him to the King, whom He sent with several other Noblemen of Wales, that were the Hostages of David, and other Welshmen to London, under the conduct of John de Lexintun, to be secured there in the Tower. Eight days after Michaelmass, David came to London, and having done his Allegiance, and taken on Oath of all manner of Fealty and Security to the King, he was dismissed in peace, and so returned home. These things were done between the 8th of September, and Michaelmass. The exact History of this Welsh Transaction was thus. The King had [2] Append. N. 164. The King summons David Prince of North Wales to appear before him. A. D. 1241. summoned David Prince of North-Wales, to appear before him at Worcester, to appoint Arbitrators in the room of such that were named in the Instrument of Peace made between them the year before (who were then beyond Sea) that they might do Justice according to that form of Peace. He came not, but sent three Messengers, one of which came to the King, without power to do what was required: Whereupon the King on the 19th of February, Commands him by virtue of his Allegiance, all excuses laid aside, personally to appear at Shrewsbury on the Sunday before Palm-Sunday before such as he should send thither to transact that Affair. On Sunday [3] Append. n. 165. next before the Invention of Holy Cross, in the year 1241. (that is before the 3 of May) the day assigned to him, and the Marchers to appoint Arbitrators in place of those beyond Sea, to do, and receive Justice according to the form of Peace between the King and him; his Procurators or Commissioners appeared with full power to do what was desired. Ralph Mortimer, Roger Steward of Chester, and Griffin for themselves, and other Marchers appeared, and desired Justice might presently be done, according to the proof of Witnesses at Shrewsbury, before Stephen de Segrave, New Arbitrators chosen between the King and Prince David. and his fellow-Judges, who were there instead of the King: After two days wrangling, instead of Otto the Legate, the Bishops of Worcester and Norwich, the Bishop of Coventry, John Fitz-Geofry, Herebert Fitz-Mathew, and Walter de Clifford were appointed Arbitrators: And a day was appointed a Month after Whitsunday at Maneford- Bridge beyond Shrewsbury, to hear what could any ways be proved concerning the injuries done on either side, and on that day, another day was appointed for Judgement to be given by the Arbitrators, according to the proof before them. Not long after this, the King was informed, That [4] Append. n. 1●6. The King had notice of a Confederacy against him by Prince David. David contrary to his Oath given unto him, had confederated with, and drawn off the Brothers of Griffin Son of Madoch, and certain of the King's Men in Kers, who had done Homage to him, from their Service and Fealty, and had received them into his Country; and that he intended to commit Burn and Slaughters in the Lands of Ralph Mortimer, and other his Feudataries; That he had ●y force seized the Lands of O. Vaughan and his Nephews, against Justice, which were adjudged to them in his Court; That he had caused a Ship of Chester to be stayed in his Country, laden with Wheat and other Victuals, making no satisfaction to such as ought the Goods: That when he sent his Commissioners to Shrewsbury, in contempt of the King, he neither came, nor sent any Procurators to meet them. The King writes to him concerning them. Whereupon he wrote to him on the 14th of July, that he should not omit to let him Know before the First of August, what satisfaction he would give for these Injuries. Before the 15th of that Month [5] Append. n. 167. Senana the Wife of his Brother Griffin came and complained to the King, That David had imprisoned her Husband, with his Son Owen, and in the name of her Husband, offered the King 600 Marks, to cause her Husband and Son to be released out of prison, so as he might stand to the Judgement of his Court, whether he ought to be kept in prison; and that the King afterwards would by the Judgement of his Court according to the Law of Wales, cause him to have that part of his Father's Inheritance, which he ought to have, which David by force withheld from him. And Senana undertook that her Husband and his Heirs should pay to the King and his Heirs for ever, 300 Marks a year; a Third part in Money, a Third part in Oxen and Cows, and a Third part in Horses at Shrewsbury, to the Sheriff of Shropshire. She undertook further for her Husband, That if at any time any Welshman rebelled against the King or his Heirs, he would at his own cost compel him to give satisfaction; and for the performance of all this, in the name of he Husband Griffin, gave to the King as Pledges, Ralph Mortimer, Walter de Clifford, Roger de Monte-alto Steward of Chester, Mailgun Son of Mailgun, Mereduc Son of Robert, Griffin Son of Maddok de Baunfeld Howel, and Mereduc his Brothers, Griffin Son of * He was Lord of Powis. Wennuwen, who all undertook for Senana, and gave the King their [6] Append. n. 168. Charts, That what she propounded should be performed. And all the Noblemen of Wales that favoured Griffin, swore Fealty to King Henry, and gave him their [7] Append. n. 169. Charts That they would faithfully serve him with all their force and power all days of their life, when ever he wanted their assistance; and that they would observe the Truce between them and Ralph Mortimer: And for the observation of these things, they put themselves under the Jurisdiction of the Bishop of Hereford, or Bishop of Coventry, which the King should choose, to Excommunicate them, and all theirs, and Interdict their Lands, if they did any thing contrary to this Agreement, which was Signed August the 16 th'. On the 29th of the same Month Prince David Sealed his [8] Append. n. 170. Charter of Submission to the King; First, That he would deliver his Brother Griffin or Gruffith and his Son to him. Secondly, That he would stand to the Judgement of the King's Court, whether Griffin ought to be prisoner or not; and also for the Portion of his Father's Inheritance, which he claimed according to the Custom of Wales, and should hold that Land of the King in Capite. Thirdly, That he should restore to Roger de Monte-Alto Steward of Chester, his Land of Montalt, (or as it is commonly called) Mauthaut, or Mould, with its Appurtenances. Fourthly, That he should restore to other Barons, all such Lands, Lordships, and Castles, as had been taken from them, since the beginning of the Wars, between King John and his Father Lewelin, Prince of Wales. Fifthly, That he would defray all the charges of King Henry in the last Expedition against him. Sixthly, That he would make satisfaction for all the Injuries done by him or his, unto the King or his People. That he would restore unto him all the Homages which King John had, or that he ought to have, especially of the Noblemen of Wales. Seventhly, The Land of Ellesmer with the Appurtenances, was to remain to the King for ever. Eighthly, That he should not receive any of the King's Subjects within his Country of Wales, that were Outlawed, or Banished. Ninthly, And that for the performance of this, he would give Pleges and Security according to the Kings Will and Pleasure, and would do all his Commands, and stand to the Law in his Court. After this, on the 31 of August [9] Append. n. 171. he made his Chart to the King, freely and willingly: That he and his Heirs should faithfully serve the King and his Heirs, and assist him all days of their lives; and if at any time they should act contrary to that engagement, than all his Lands or Country should be forfeited to him; and He and his Heirs should enjoy them for ever. And for the greater Declaration of this Matter, he caused the Bishops of Bangor and St. Asaph to put their Seals to this Chart. This year [7] fol. 570. n. 40. Tinn-Mines first discovered in Germany. Tinn-Mines were first discovered in Germany, and by reason of the Purity and Quantity of that Tinn, the price of that Metal was much lessened here, for before that time none had ever been heard of but in England. About this time [8] fol. 57●. n. 40. Walter at first is refused, but afterward is restored to the Earldom and Mareschalcy of his Brother. Walter Marshal, Brother to to Gilbert late deceased, applied himself to the King for his Office and Inheritance. But the King in great rage and fury denied him both, urging against him the Treasons and disobedience of his Brothers, and his own undutifulness [9] fol. 573. n. 10. A. D. 1241 . But at length through the intercessions of the Queen, the Bishop of Durham and some other Noblemen, He was prevailed with on the Sunday before All-Saints, to restore him to the Honours, Office, and Estate of his Brother, and to invest him with his Earldom, and Marescalcie, reserving only to himself two Castles in Wales, Kaermarden and Cardigan, which he Garrisoned to secure his new Acquisitions there. This year [1] fol. 574. n. 10. and fol. 573. n. 50. Pope Gregory's death. His Collectors were too nimble for King Henry. August the 22. died Pope Gregory, and the Emperor dispatched a Messenger to give King Henry speedy notice of it, that he might seize the Money the Pope's Collectors in England had gathered for his use; but they were too quick for him, and escaped into France with all their prey, but were met with by the Emperor's Servants, taken and imprisoned, and all their Money and Treasure paid into the Imperial Exchequer. About the same time died [2] f. 574. n. 40. A. D. 1241. Alienor the Daughter of Geofry Earl of Britain, having been kept in prison many years; by whose death without Issue, King Henry had a direct Title to the Crown, which he had not before. In the year 1242. A. D. 1242. King Henry at [3] fol. 578. n. 50. Peter of Savoy resigns up all his Castles into the King's hands. But is forced to be Governor of Dover Castle. Christmas held his Court at Westminster, where Peter of Savoy Earl of Richmond resigned up into the King's Hands all those Castles that were committed to his custody, lest his sudden advancement should displease the Great Men of England, and then designed to return into his own Country, but before he had taken Ship he was remanded by the King, and was constrained to be Governor of Dover - Castle. This year the [4] fol. 579. n. 10, 20, 30. The Earl of March refuses to do Homage to the Earl of Poictou. Earl of March refused to do Homage to Alphonsus' Earl of Poictou, the King of France his Brother, and applied himself to the King of England for Protection, persuading him, that by the help of the Poictovins and Gascoignians King of Arragon, and Earl of Tholouse, he might easily recover those lost Dominions. The King giving credit to these fair pretences [5] Ibid. n. 40. King Henry is engaged in the quarrrel, and calls a Parliament at London. Scripsit omnibus suis Magnatibus Angliae, Archiepiscopis, Episcopis, Abbatibus, Prioribus, Comitibus & Baronibus districtè praecipiens ut omnes generaliter Londinum die Martis proxy ante P●rificationem B. Virgins convenirent de Arduis negotiis dilationem non capientibus cum summâ deliberatione tractaturi, Wrote to all his Great Men of England, Arch-Bishops, Bishops, Abbats, Priors, Earls and Barons, straight Commanding them, That they should all meet at London, on Tuesday before Candlemass-day, to Treat with great Deliberation of such difficult Matters as would not bear any delay. The day after [6] Ibid. n. 50. Earl Richard returns into England. Epiphany Richard Earl of Cornwall the King's Brother, Landed at Dover, and was received by the King, Quen and Nobility with all demonstration of Affection and Joy, together with variety of presents. Soon after his return to Court, the Poictovins endeavoured what they could to incline him to a War with France for the recovery of Poictou, and had confirmed the King in his resolution to Attempt it. At the day appointed the [7] fol. 580. n. ●0, 20, 30, 40, 50. The Parliament are against the Kings engaging in a War with France. Nobility of all England, as well Prelates as Earls and Barons met at London, according to their Summons. Totius Angliae Nobilitas tam Praelatorum quam Comitum ac Baronum secundum Regium praeceptum est Londini congregata. When they were assembled, and understood that the Earl of March had moved the King to undertake a War against France, they resolved to oppose both him and the Poictovins who advised it, adding That they had been Taxed and Pillaged as the meanest of Slaves, and what had been thus extorted, was unprofitably spent, and therefore would not consent any more Money should be granted, to be so vainly wasted and consumed. The King's contrivance to gain their con●ent, ineffectual. When the King saw he could not prevail with the whole, he would try what he could do with them severally, and sent for them one by one, urging that such an one had promised so much, and another the like; but this stratagem only took with a few, and proved ineffectual, as to the Majority. Then he attempted those Great Men that were his Favourites and Domestics, urging that they were Military men, and aught to be very desirous to have the ancient Rights of the Kingdom recovered, and to have injuries repressed by force of Arms, therefore he wondered with what confidence they could oppose and desert him, when he had promised and sworn to prosecute what he had undertaken. They answered, that great sums of Money had been granted already, and the Profits of the Crown had been extraordinary, and all this Treasure was wasted and spent; and the Kingdom nothing advantaged by it. [8] fol. 581. lin. 1. Reasons against undertaking the War at that juncture. Moreover, they very much wondered he should undertake so hazardous a War, without ever consulting his natural Subjects; and that the Truce between him and France was not yet expired, which they had both sworn inviolably to observe. Besides, those Great Men that advised him to this War, were the King of France his Subjects, and he could expect but little faith from such, who had proved Traitors to their natural Prince: Adding, the unsuccessful Attempts that many of his Predecessors had made in this nature. [9] Ibid. n. 10. The King resolved to pursue the War. When the King heard their Answer he was much moved, and in great passion swore, That their words should neither affright nor hinder him from prosecuting what he had designed; but that after Easter he would pass over Sea, and try the fortune of War and so the Parliament was Dissolved. Paris inconsistent with himself in this matter. This is the Monks own account of this Colloquium or Parliament, wherein he mentions much ill and harsh Language which was given unto the King by the Great Men Face to Face: But in the Relation that immediately [1] Ibid. n. 20, 30, 40, 50. A different Account of this Conference. follows this, which he says was Written as a perpetual Memorial of the Baron● Answer to the King, it appears they never spoke, or had Conference with the King, but heard his Pleasure and the Business he had with them, from his Commissioners or Messengers, Walter Archbishop of York, Richard Earl of Cornwall, and Walter Provost of Beverly: By whom they advised the King to send to the King of France for amends, if he had done any thing contrary to the form of the Truce between them, and not to Declare War until the time of it was expired: If he had done any Injury, and that it could be proved, and denied Restitution, they would assist him according to their Abilities: They counted many Aids they had given him, and remembered especially the last of a 30th part of their Movables, which was by stipulation to have been expended by the advice and oversight of four Barons for the Benefit of the King and Kingdom. And seeing they had not heard of any expended by their Advice, they did believe the King had all that Money by him, which he might now make use of; and told them the King by keeping many Bishoprics in his hands, by the Escheats of the Lands of Earls Barons, and Knights, by Fines and Amerciaments, his Itinerant Justices had set upon Counties, Hundreds, Cities, burgh's, and Towns, had of late raised a great Sum of Money; When the King's Commissioners asked them, What if the King of France should break the Truce before it expired? And promised them in behalf of the King, That if he had done any Injury to any of the great men, he would make satisfaction according to the Judgement of Peter of Savoy, and others of his Council: To the first the Barons Answered, as they had before concerning him. To the Second they said, they had heard those things formerly, when they Granted the 30th part of their Movables. But whether they had been performed, they left that to the King himself, and so remained Resolute in not Granting the King an Aid. Not one Word here of any Billingsgate Language, or reviling of the King, with which the Monk's report doth very much abound. When King Henry 's [2] fol. 582. n. 40. King Henry prepares for his Expedition The Earl of March his promise. Designs were known to the King of France, he prepared 24 Galleys to hinder the English from landing at Rochel; in the mean time King Henry was only busied in providing money; for the Earl of March had promised to procure Men enough; Then Peter of Savoy, Earl of Richmond, and Peter [3] f. 583. n. 10. The King's Messengers to the Poictovins hardly escaped the French Bishop of Hereford were sent into Poictou, to secure the King of England what assistance and friends they could among the Poictovins; But both of them very hardly escaped being taken by the French, returned again to England without effecting any thing to purpose. Against Easter [4] Ibid. n. 20. The King's Summons to the Military Men not in the usual Tenor. He commits the Kingdom to the Archbishop of York, and passes over Sea. A contract between his Daughter and the King of Scots eldest Son. the King sent out Summons to those that ought him Military Service, to meet him at Portsmouth, not with Horse and Arms according to the usual tenor, but (in lieu of their Service) with a great Sum of Money (cum Magna pecuniae summa.) Then the King having committed the custody of the Kingdom to the Archbishop of York, and received into his favour the Bishop of Chichester, formerly his Chancellor, and recalled Ralph Fitz●Nicholas, and Godfrey Craucumb, he took Ship at Portsmouth● with Queen Alienor, Earl Richard,, and seven other Earls, and landed in Gascoigny, where they were received by Reginald de Pontibus, and the Great Men of that Country; and for the better secu●y of his Affairs at home, a Marriage was agreed upon between alexander Eldest son to the King of Scots, and Margaret his Daughter; and that part of the Kingdom which bordered upon Scotland, was committed to the Care of that King, at the time he should be beyond Sea. The King of France was not idle all this while, but [5] fol. 584. n. 30, 40. The number and quality of the French Army. prepared a great Army, which consisted of 4000 Knights exactly Armed, and 20000 Esquires or Servants, Crossbow men, and Common Soldiers, besides a daily confluence of men from all parts of his Dominions towards Poictou. He marched with his Army, and set down before Fonten●y a Castle of the Earl of March. In the time of the Siege, the King of England sent Ralph Fitz Nicholas, and Nicholas de Molis to the King of France, to [6] fol. 587. n. 10 King Henry sendeth Messengers to the King of France They are kindly received, and Answered. declare War unless he would submit to his desires. The King of France received them very kindly, and answered, that he was so far from breaking the Truce, that he was willing it should be continued [7] Ibid. n. 30. three years longer, and would consent he should have delivered to him the greatest part of Normandy and Poictou; but wondered his Cousin of England should think that he infringed the Truce in the least, when he endeavoured only to correct and repress the insolence of his own men (suos homines) that proved Rebels and Traitors to him; and that he should be so much concerned for the Earls of March and Thoulouse, and thought he had violated the Truce in receiving and encouraging his Rebellious Subjects and Enemies. With this Answer the [8] fol. 588. lin. 1. King Henry refuseth the offers of the King of France Messengers returned to the King of England, who would not hear of renewing the Truce, but sent some Hospitallers in his Name to defy the King of France; who now began to [9] Ibid. n. 10. The King of France concerned for the Oath of his Father Lewis to King Henry. His scruples are satisfied. His Successes against the Earl of March his Castles. repent he had made so fair Overtures for Peace, and expressed his Sorrow that the King of England should be thus wheadled by the Earls of March and Tholouse, and shown himself most concerned for the Oath his Father Lewis had made to King Henry when he left England. But one of his Great Men replied▪ That that Oath was mutual, and that the King of England had violated his part, when he broke his promise to Lewis his Accomplices, and caused Constantine a Citizen of London to be hanged, for defending your Fathers Honor. This satisfied the King's Scruples, and then he proceeded to make a vigorous attack upon the Castle, which after 15 days Siege was taken by assault, contrary to the confidence of all the Poictovins, and the Earl of March his Son, and all his Accomplices were made Prisoners. When some that were about the King advised that they might be executed for a Terror to other Rebels, He replied; The Son obeyed his Father, They all Surrender or Capitulate. and the rest the Command of their Lord, and upon that Account neither of them deserved Death▪ however he sent them Prisoners to Paris, and there to be secured. This put the rest of the Defendants of the Earl of March his Castles into such an Affright, that some of their own accord came in, and delivered up their Keys to the King of France, and others capitulated upon his appearing before them. These uninterrupted Successes made the [1] fol. 589. l. 1. The Earl of March reputes him that he had engaged himself against his own King. King Henry put upon great difficulties and distresses. Earl of March and his Poictovins almost desperate, who now began to repent they had engaged themselves against their own Lord the King of France. In the mean time the King of England came before the City of Tailleburgh, and pitched in a Meadow over against it. When the King of France heard of it, he marched with his Army towards that place; As soon as the Citizens had notice of his approach, they went out to meet him, and surrendered their City to him, and invited him to take possession of it. When the King of England saw himself thus disappointed, and that he must now fight the French with the men he had with him, [2] Ibid. n. 50 He called to the Earl of March, and asked how he had performed his promise of procuring Men enough to baffle the French, if he supplied them with Money: The Earl replied, He never made any such promise. The Earl of March denies his promise made to him. Then Earl Richard produced the Chart of Agreement between them. He denied that it was ever made or sealed by him, or that he had ever encouraged the undertaking this expedition; but it was [3] fol. 590. lin. 1, 2, 3, 4. the contrivance of his Wife and his Mother. When the King heard the Earl's Reply, he was very much concerned, and Earl Richard seeing the danger the King was in, of being made prisoner, [4] fol. 590. n. 10. Earl Richard goes to the French Camp▪ and obtains a Truce. disarmed himself, and with a Staff in his Hand went to the French Camp, where he was kindly and honourably received: and being introduced to the King's Presence, he desired a Truce, which the King granted for one day, and a night following: Assoon as the Earl had obtained this Truce, he returned to King Henry, and advised him to make his escape with as much speed as he could, otherwise he would be taken prisoner [5] Ibid. n. ●0. King Henry's flight to Xaints. . The King followed his advice, took Horse at night, and never stopped till he came to Xaints; the whole Army followed him, but with great hazard, and some loss: Next day the King of France decamped, and marched with his Army towards Xaints; after some few days both Armies met and fought, and had the English [6] Ibid n. 40. A Fight between the English and French. equalled the French in number, they had gained an entire victory. The number of those that were slain on either side is not mentioned, but the Prisoners that were taken were exchanged. Those that behaved themselves with Courage and Resolution in this Battle, were Simon Montfort Earl of Leicester, the Earl of Salisbury, the Earl of Norfolk, Roger Bigod, John de Burgo, Warin de Mon●chensy, Hubert Fitz-Matthew, Ralph Fitz-Nicholas, with some others. When the [7] fol. 591. n. 10, 20. The Earl of March endeavours to be reconciled to the King of France. Earl of March saw how successful the King of France was in every thing he attempted, and that his strength daily increased; He began to consider how he should regain his Favour, and be reconciled unto him. He therefore privily sent to the Earl of Britain, that he with the Bishop of Xaints, would use their endeavours with the King of France to procure his Pardon. Upon this they both went to the King, and assured him, That the Earl of March was sensible how much he had offended against him, and his Crown, and implored his Mercy and Favour; adding, he might receive him under what conditions he pleased. The King of France [8] Ibid. n. 30, 40. The Terms upon which he made his Peace. accepted the offer, and was reconciled unto him, upon these Terms▪ That whatever that King had possessed himself of the Earls, during this War, should be for ever annexed to the Crown; and also, That all those Castles that were in his possession, whether they were his own or his friends, which were thought to be injurious to the King of France, should be delivered into his hands for three years, and then not to be restored unless the King was satisfied of his Fidelity: That He should with 200 armed Men enter into his Service, and faithfully serve him for three years, at his own charges, against all enemies of the Church or Crown of France. Moreover, he should surrender up his Charter, whereby the King of France was obliged to pay him 10000 l. a year for defence of the Marches, and should quit any such claim for the future. [9] Ibid. n. 50. He enters into the King of France his Service. To these hard Conditions he was forced to consent to obtain his pardon, and was presently sent against the Earl of Tholouse his old friend, and the King of England's Confederate. This was all done without the knowledge of King Henry; who had by [1] fol. 592. n. 10. King Henry loseth the affections of the Citizens of Xaint. Charter given the City of Xaints to Hugh Bruno the Earl of March his Son, and his younger Brother, without the privity of the Citizens, whereby the King lost their Affections, for that they hated Hugh. However, he thought himself safe and secure there, till he was informed by one from the French Camp, that that King [2] Ibid. n. ●0. He is certified the King of France designed to besiege that City, His flight to Blaie. designed to come and besiege that City very suddenly, and was resolved not to rise till he had made him prisoner, which was confirmed by another, who likewise assured him, that the Earl of March was revolted to the French, and if He continued there one night longer he would be besieged. King Henry being by this Second Messenger confirmed in his belief that the news was true, fled to Blaie, a Town in Gascoigny, about 40 or 50 English miles from Xaints, and his Army followed, but were so harassed with the length and suddenness of the March, that they were unfit for any service. All Poictou submit to the King of France. Upon this Xaints, Ponz, and all Poictou forthwith submitted to the King of France; only Hertoldus Governor of [3] fol. 593. n. 50. Hertoldus his Fidelity to King Henry. Mirabell Castle, went to the King of England, and implored his protection; to whom the King replied, He was betrayed by the Earl of March, and was scarce able to secure his own person, and therefore gave him leave to act according to his own discretion. Then he went to the King of France, and submitted himself to his Mercy and Protection; to whom the King replied [4] fol. 594. n. 20. He is kindly received by the King of France. That He only had behaved himself faithfully to his King, and therefore received the Castle and himself very kindly; and having first taken his Oath of Fealty, he restored it to him again. William de [5] fol. 411, 412, 413, 414. William de Nangis his relation of this story. Nangis in the Life of King Lewis, in this year, and in the relation of this Story, in some things is more particular, in some things less than Paris, in the main of the Story they agree. The French Historian saith, The Earl of March sent his eldest Son Hugh, who made peace with the King of France upon these Terms, That such Lands as the King of France had taken from his Father, should remain to the Earl of Poictou, the King of France his Brother, and his Heirs; That concerning the Rest of Land, the Earl of March and his Wife, with their Children, were to stand to the Pleasure and Courtesy of the King of France; and for the security of the King of France, the Earl was to deliver his three strong Castles, M●lpinum, Merpin, Crosanum, his Castle▪ upon the River Crosa or Creusa, and Castrum A●hardi, Castle-Achard, which presently received his Garrisons, and most of the Barons and Great Men of Poictou did Homage to the King of France. The day after [6] Paris fol. ●94. n. 30. Midsummer, Queen Alienor was brought to bed of a Daughter at Bordeaux, Queen Alienor brought to Bed of a Daughter at Bordeaux. A Truce between England and France for five years. which was named Beatrix. In the mean time the King of France purposed to pursue the King of England to Blay, and from thence to Bordeaux, if he fled thither. But want of Victuals and Forage, and the Pestilence which raged in his Army, together with his own illness, made him alter those measures he had before resolved upon; and instead of fight, he made a Truce with the King of England for [7] Nangis de Gestis, Lud. ix. f. 414. n. 40 five years, and then returned into France by Xaints, and in a short time recovered his health. This year the King of England required [8] Paris fol. 595. n. 30. and fol. 597. n. 20. Three Marks upon every Knights Fee. Several Great Men desire leave to return into England. Scutage to be paid him throughout all England, of every Knights Fee three Marks; or as others, but Twenty Shillings. About Michaelmass Earl Bigod, Roger Earl of Winchester, and many other Great Men came to the King, and desired leave to return into England, which was granted. [9] Ibid. n. 50. The King's unkindness to William de Ros. Earl Richard represents his hard usage to the King. At the same time the King Treated William de Ros very unkindly, who after he had spent his Money in the King's Service, and not having wherewithal to maintain himself, had his Lands seized without judgement of his Peers. When Earl Richard perceived how hardly he was dealt withal, He went to the King and blamed him for it, but the King received him with great Passion, and Threats. Earl Richard made no return, but when he saw the King continued resolute, and would not be guided by his advice, [1] fol. 596. n. 10. He, William Earl Marshal, the Earl of Hereford, and many other Great Men, left the King at Bordeaux, with his Queen, and took Ship and came over into England. In October King Henry [2] Ibid. n. 20, 30, 40. A. D. 1242. The King writes to the Archbishop of York to send him Provisions. sent to the Archbishop of York (to whom he had committed the Government of the Kingdom in his absence) Commanding him to take the Grain of the Archbishopric of Canturbury, and all other Bishoprics that were void, with Bacon, Salt, and other winter Provision, together with Cloth to make Garments, and without delay to send them to him at Bordeaux, * He sent 10000 Quarters of Wheat 5000 Quarters of Oats, and as many Bacons. And to enter upon their Estates who left his Service. The ●ing trusteth to Foreign Counsels, and is deceived by them. which was done according to his desire: Moreover, he Commanded the Archbishop, that he should seize and confiscate the Estates of those that withdrew themselves from his Service; but the Archbishop prudently declined to execute his Command, because necessity forced them to retire; and also they that continued with the King at Bordeaux, namely Simon Earl of Leicester, William Earl of Salisbury, and some other Noblemen, contracted such great Debts that they were reduced to penury. The King likewise gave himself wholly up to softness, and unprofitable expense of Money, and was now altogether guided by the Counsels of the King of Arragon, and Earl of Tholouse, who never stood by him at any time, when necessity pressed him, but was ever deluded and defrauded by them, the Poictovins, and Gascoignians; [3] fol. 597. n. ●0. so that notwithstanding he had so many supplies of Money, and Provision, and clothes for his Soldiers, yet he was [4] Ibid. n. 30, 40, 50. He desires one ●ears profit of the Cistercians Wool their Answer to the King's desire. reduced to so great and urgent necessities, that He again wrote to the Archbishop of York, to desire of the Cistercian Order One years' profit of all their Wool; from which they endeavoured by plausible pretences to excuse themselves; but when pressed by the Archbishop to a compliance with the King's desires, who always was ready to succour their necessities, One of the Abbats of that Order answered, That the King was sworn to do Justice, and they never desired any thing of him in special, which he was not obliged to do for them in general. If [5] fol. 598. lin. 3. he would give them any thing for the Health of his Soul, or of his Ancestors Souls, or the state of his Kingdom; they were ready to receive it. An. D. 1243. In the Year 1243. King [6] fol. 598. n. 10. Henry remained all Winter at Bordeaux; from whence in the beginning of March following he again [7] Ibid. n. 40, 50. The King sends to the Archbishop for a supply of Provision of Victuals and Money. wrote to the Arch- Bishop of York to send him Provision and Money, complaining he had ●eceived neither, since the Abbot of Evesham came to him. This amazed the Archbishop who had so lately sent such large supplies of both; from hence he conjectured the Sea had devoured it: Wherefore he made further Provision both of Victuals, and Money, and designed to send it unto him; but the [8] Ibid. n. 50. The Wardens of the Cinqu● Ports refuse to carry it. Wardens of the Cinque-ports refused to undertake it, unless he would provide a Convoy of ships sufficient to protect them against the Piracies of the Earl of Britain, and his Calesians, who had already thrice set upon them, and spoiled them to their irreparable loss, and damage, both of Men, Ships, and Goods. When the Archbishop heard their Answer, He signified the same to the King, and desired [9] fol. 599. n. 10. him to hasten his return into England. On St. Gregory's Day (March 12th) the 1 Fol. 600. n. 10. The Truce between England and France confirmed. Five years' Truce between the King of England, and France, were confirmed; and by Agreement, the King of France was to retain what he had got by the Sword; and what the King of England had acquired by the help of the Gascons was to be Restored to him. About this time, 2 Ibid. n. 40, 50. The King's passage into England delayed by many Accidents. He commit's the Government of Gascoigny to Nicholas de Molis. the King wrote to the Archbishop, to provide such as might secure his passage into England, commanding all the Great men to be in a readiness at Portsmouth to receive him at his Landing, but by many accidents his passage was delayed; the Queen was scarce recovered from her Childbed; the citizens of Bordeaux, and all the Gasconians were unwilling to part with so profitable a Guest, who was so generous in his distributions; and after he was shipped, he was forced to return again to Bordeaux, to quiet the Tumults that arose among the Gascoinians; whereby the Archbishop and Great men of England were wearied out with long attendance. At length after he had settled Gascoigny, and committed the Government of that Country to Nicholas de Molis, he again took Ship, and landed at Portsmouth on the 25 of September, and was received at [3] fol. 604. n. 20, 30. The King received by his Subjects with the greatest instances of Gratitude and Joy. Winchester by almost all the Nobility, with all demonstration of Joy and thanks, and by the citizens of London with variety of Inestimable Gifts, and by the Clergy, with a Pompous and Sumptuous Procession on the 13th of October following. This Year on the Nativity of St. John Baptist Innocent the 4th was chosen Pope, after One Year, and Nine Month's vacancy. This Year the Jews [4] fol. 605. n. 50. The Jews forced to pay great Sums of money to the King. The Religious made him great presents. were forced to pay to the King great Sums of Money, the Abbats also and Priors presented him with great Gifts, which if they did not in value answer his expectation, He rejected them, and required others of more value. On the first of November [5] fol. 606. n. 40. Beatrix Countess of Provence, the Queen's Mother, came into England, and brought with her, her Daughter Cincia, who was soon after Married [6] Ibid. n. 40. Earl Richard married to Cincia Daughter to Beatrix. Countess of Provence. to Earl Richard at Westminster on Saint Clements-Day, the 23d of that Month; and _____ th' Wedding was celebrated with great Pomp and Feasting, there being no less than 30000 Dishes provided for one Dinner. Triginta Millia Ferculorum prandentibus parabantur. In the Year 1244. King Henry at [7] fol. 613. n. 30. The King and Court treated by Earl Richard at Wallingford Christmas was entertained at Wallingford by his Brother Earl Richard, and nobly treated, as likewise were most of the Nobility of the Nation; his Wife C●ncia was there, with Beatrix her Mother, who soon after took her solemn [8] Ibid. n. 40. leave of the King and Court, took Ship at Dover, and passed into her own Country. About this Time the Pope sent Master [9] Ibid. n. 50. Innocent the 4th. Martin the Pope's Legate sent into England with an Exorbitant power. He Exercise's it accordingly. Martin his Legate into England with power to Excommunicate and Suspend whomsoever he should find refractory to his Commands; by which Authority He suspended several Praelates until they should make such a provision for the Pope's Clerks and Kinsmen as he desired, who thought any Revenue under 30 Marks by the Year, not worth his receiving, lest he seem to be a Collector of Trifles. Ne quisquilias colligere videretur. Moreover he directed his Letters to several Abbats and Priors, strictly enjoining them to send him such Horses as were fit for the Pope's special Clerk, and if they refused or made any Excuse, though never so reasonable, they were forthwith suspended, (as the Abbot of Malmsbury, and Prior of Merton were) until they should make full satisfaction, and when any Prebendaries of Churches became void, He presently seized them, and by Virtue of the Pope's Authority disposed of them as he pleased, and gave one of the rich Praebendaries of Salisbury to a little Boy that was his Nephew, against the Will of the Bishop and the whole Chapter. Near the beginning of this Year the King of France [1] fol. 614. n. 50. The King of France his Offer to his Subjects that had Estates in England and France. The King of England would not consent to it. assembled at Paris all such of his Subjects that had possessions in England, and declared to them, That He thought they could not serve faithfully two different Lords at the same time, and then gave them their Choice to whom they would adhere, and after that to relinquish their possessions and Lands in the other Prince's Dominions. Upon this, some kept their Estates in France, and left those in England; others kept their Estates in England, and left those in France. When this was known to the King of England, He commanded the Normans Estates in his Realm to be forthwith Seized, and would not give them their Liberty of Choice, as the King of France had done; this was by the French looked upon to be a breach of the Truce. But their King was not so well recovered, or at leisure to prosecute the violation by a new War, but endeavoured to appease, and repress the querulous Invectives His Norman Subjects made against the King of England. In February King Henry received [2] fol. 616. n. 50. Several new Counsellors made. Sir Paulinus Piper, Steward of his Household, and John Mansell Chancellor of St. Paul's into his Council; and Master Laurence of St. Martin's was made President of his Council, and his Procurator in all Ecclesiastical Affairs. [3] fol. 617. n. 20. The Unfortunate End of Griffin Prince Leolins Son. About the same time Griffin, Son of Leolin Prince of North Wales, Prisoner in the Tower of London, endeavoured to make his escape out of Prison, by a Rope fastened to the Top of the Tower; but being a Man of great bulk and weighty, the Rope broke in his descent, and he perished by that fall, which happened on the 1st. of March. A. D. 1244. This Year notwithstanding their Oaths Engagements and Charts the Welsh men and their Prince had made to King Henry, [4] fol. 638. n. 10. The Welsh revolt from King Henry. they Revolted from his Obedience, and made War upon him and his Marchers; who were opposed by the Earl of Clare, the Earl of Hereford, John de Monmouth, Roger de Monthault, and other potent Marchers; by the Kings Command they came to such an Engagement as in those Days was called a Battle, in which there fell an hundred on both sides. The King on Barnaby Day, or the Eleventh of June, was at St. Alban 5 Ibid. n. 20. The King of Scots denies to hold any part of his Kingdom of the King of England. when he heard this news of the Welsh; at which time likewise the King of Scots, let him know, That he neither did, would, or aught to hold the least Particle of the Kingdom of Scotland of him. This year (saith Paris) the King [6] Ibid. fol. 639. n. 20, 30. Summoned the great men of the whole Kingdom; the Arch- Bishops, Bishops, Abbats, Priors, Earls, and Barons, to meet at Westminster; and with his own mouth, asked a pecuniary Aid; privately intending to reduce the King of Scots; The King Summons a great Council, or Colloqiwm. Desires an Aid. but openly pretending, that the year be-before he had by their Advice passed into Gascoigny, and upon that undertaking contracted great Debts, from which he desired them to relieve him. The Barons Answered they would treat about his Proposal. The Arch-Bishops, Bishops, Abbats and Priors, Treated apart by themselves; The Clergy treat by themselves. and after that, they asked the Earls and Barons to consent to what they had resolved upon, in Giving the King an Answer; and what they would do upon his Demands. They answered, That without the Common University they would do nothing; and then by Common assent, there were Elected on behalf of the Clergy (Ex parte Cleri) Boniface Elect of Canterbury, The Bishops of Winchester, Lincoln and Worcester; On behalf of the Laity (ex parte Laicorum Earl Richard) the King's Brother, Earl Bigot, the Earl of Leicester, Twelve chosen to treat for the whole Community. Simon Monfort, and the Earl Marshal. On Behalf of the Barons, (ex parte Baronum) Richard the Munt●ichet, John de Balliol, and the Abbats of Ramsey and Bury; and what these Twelve should do, was to be communicated to the whole, That nothing might be offered to the King with Common assent. And because the 7 Ibid. n. 40. Their Complaints. Charter of Liberties, which the King had Granted some time since, for the Observation whereof Edmund Archbishop of Canturbury, had sworn and undertaken, was not Kept; nor were the Aids so often given, used to the advantage of the King and Kingdom, and by the Defect of the Chancellor, Writs were Granted, and Issued, contrary to Justice. It was Desired, That such a Justiciary, and such a Chancellor might be made, as would fix the state of the Kingdom upon its old Basis, (per quos status Regni solidaretur ut solebat). And lest the King should seem to do any thing new by Compulsion of the Council, he would not Grant the Petition of the great Men; but promised to amend what he had heard from them: Whereupon the meeting was adjourned until three Weeks after the * Ma●. Paris hath jumbled things so strangely together this year, that is not possible to make his History, and Chronology meet. Purification of the Virgin, (That is, the 2d of February) That if in the mean time, the King on his own accord should Choose such Counsellors, How the Government of the Kingdom was to be managed. and so Manage the Rights or Laws of the Kingdom as to satisfy the Great men, than they might give him an Aid; yet so as it should be Expended for the Benefit of the Kingdom by Advice of the Twelve. When the King saw he could do nothing with them all together; he [8] Ibid. n. 50, & f. 640. line 1. The Clergy required by the Pope to give the King Money. tried the Clergy apart, what they would do upon the Pope's Letter; in which he Required, admonished, and exhorted them to give the King a liberal assistance in Money. Their Answer was, They were Engaged, and could do nothing without the Common Consent of the Great men. This great Council had contrived a new [9] Ibid. f. 641. n. 10, 20. A new Government projected. Government, which they intended to have offered to, and put upon the King, if they could; To wit, That Four of the most potent and discreet men of the Kingdom should be chosen by Common assent, and sworn of the King's Council; who should transact all the affairs of King and Kingdom, and should do Justice to all without acception of Persons. These should follow the King, and Two of them at least were always to be present with him; that they might hear the Complaints of, and relieve Sufferers. The King's Treasury was to be managed by them, and all Aids were to be expended as they thought it most to the advantage of King and Kingdom. They were to be Conversators of the Liberties; and as they were chosen by Common assent, so they were not to be removed out of their Office, but by Common assent, when one Dyed, another was to be Chosen by the three Survivors: Without their Consent, the great Council was not to meet; But if they should think it necessary or Expedient, it was to be convened when they pleased. This project did not then take Effect, because the [1] Ibid. n. 30. & f. 642. n. 10. The Pope's Legate demandeth Money of the Clergy. Counsels of the Clergy were distracted by the Pope's Legate, Martin, who came with his Letters to Require a great Sum of Money of them, for to pay the Debt that had been contracted by his Predecessor Pope Gregory, in the War for the Catholic Faith, Ecclesiastical Liberty, and the Patrimony of the Church * Ibid. f. 645. n. 30. , and suspended all Men from presenting to Benefices which were of Thirty Marks Annual value and upwards. The great Men and Prelates [2] f. 643. line. 8. The King's promise to the Great men. Met at London according to the Time of Adjournment, three Weeks after Candlemass day, to Treat about the Demands of an Aid, where he again Renewed them, and promised entirely to keep the Charter of Liberties which he had Sworn to at his Coronation; and gave [3] Ib. n. 10. Twenty shillings of Every Knight's Fee granted to the King. the Bishops leave in their Respective Dioceses to Excommunicate himself and all others that should act Contrary to it in any Article: Yet for all this he could only obtain Twenty shillings of every Knight's fee, to Marry his Eldest Daughter, of all those which held of the King [4] Ibid. n. 20. in Capite; half to be paid at Easter, and the other half at Michaelmass. The Controversy between the two Kings of England and Scotland came to such an height, A. D. 1244. That King Henry [5] Ibid. f. 645. n. 40, 50. & cl. 28. Hen. 3. m. 8. Dors. Summoned every Baron of England, as well Bishops and Abbbats, as lay-Barons which held of him in Capite, (Quilibet Baro tenens ex Rege in Capite) to have all their Service ready at Newcastle upon Tine; to force the King of Scots to give satisfaction, unless he would hear their Advice; where they appeared accordingly, Congregata igitur Vniversitate totius Angl●ae Nobilium, apud Memoratum Castrum; About the Assumption of the Virgin (that is, the 15th of August) they had a serious Treaty about this Weighty Affair: Where by the means of Earl Richard and other great Men, there was a Peace made upon these Terms, [6] Append. n. 171. Articles of the Peace between the Kings of England and Scotland. That the King of Scots and his Heirs should keep Perpetual Faith and Friendship toward King Henry and his Heirs: That he should not League with the King's Enemies: That the Peace should stand Good, that was made in the presence of Otto the Pope's Legate; and the Agreement concerning a Contract of Marriage to be had between the King of Scots Son, and the King of England's Daughter. The [7] f. 647. n. 30.40. The Welsh spoil the Borders. Welsh at this time made great Slaughters, Devastation, and burn upon the Borders; of which the King having notice, he sent Herebert Fitz Matthew with Three hundred Horse to subdue them, Disbanding the rest of his Army, and going to London himself. The Welsh took Courage upon this Discharging the Army, They rout those that were sent to repress them. and had routed and destroyed the forces of the Earl of Hereford and Ralph de Mortemer before Herebert got up to them; and when he attacked them the Day after, they put him to flight. On the Morrow of all Souls, (November 3d) the [8] f. 650. n. 50. The Great men deny the King an Aid. against the Welsh. Prince David offered to hold his Kingdom of the Pope. great Men of England met, of whom the King required an Aid against the Welsh, which they denied him. David Prince of North-wales, intending to cast off the Yoke of his Subjection to the King of England, sent to the Pope, and offered his Country to him, so as he would defend it against him, and that David and his Heirs might hold it of him Paying yearly 500 Marks; & for a great Sum of Money obtained the Pope's ●ll directed to the Abbats of Aberconwey & Kemere, by which he Constituted them his Inquisitors, whether Prince David by force and fear was compelled to subject himself, and swear Fealty to the King of England, and if they found it to be so, to Dispense with, release, and make Null and void his Oath and Engagements; and by Virtue of this Bull they [9] Append. n. 172. summoned the King to appear before them on the Vigil or Eve of St. Agnes (January 21) at Keyrus in Wales, to answer Prince David concerning the Contents of the Bull. This enraged the King, and also the Great Men, so as they urged him to March against David without Delay. On the [1] Paris f. 654. n. 50. The Welsh overthrown first Sunday in Lent the Constable of the Castle of Montgomery, with such forces as he had with him, by stratagem overcame the Welsh, and killed above 300 of them▪ David to make good this loss, besieged the Castle of [2] f. 255. n. 30. David besieged and took Monthalt Castle. Monthalt, and took it by assault, and killed most he found in it, but miss of Roger de Monte-alto, the Proprietor of it, whom he thought to have found there. About [3] f. 658. n. 50. The yearly revenue of the Roman and Italian Clergy in England. Whitsunday the King caused diligent Inquiry to be made in Every County, whose Revenues the Romans and Italians were possessed of in England, [4] f. 659. line 4. by Gift of the Court of Rome, and they were found to be 60000 Marks by the year: The Consideration of which great Sum moved the King both to Admiration and Anger; and the University of the Kingdom composed an Elegant [4] f. 659. lin. 4. Epistle, in which they set forth the Execrable Papal Extortions, The English Complaint at the Council of Lions, and by whom made. and the Exactions of the Legates; (in qua Extortiones Papales Execrabiles, etc.) And sent it to the Council of Lions, by Earl Roger Bigod, John Fitz-Geofrey, William de Cantelupe, Philip Basse●, Ralph Fitz-Nicholas▪ and Master William Poweric a Clerc, in the Name of the whole University, who were to declare the importable Burdens of the Kingdom by reason of the Pope's Exaction of Tribute, to which the University thereof never consented, and to seek for Redress. On the 30 th' of [5] f. 659. n. 10, 20. Fulke Fitz-warrin sent to Martin the Pope's Legat. June the University of Military Men, that intended a Torneament (which was prohibited by the King) met at Luton and Dunstable, (in Bedfordshire) sent Fulk Fitz Warin, to the New Temple at London, to Mr. Martin the Pope's Clerc, and Instrument of his great Exactions; when he came to him, he looked upon him with a stern Countenance, He treateth the Legate roughly. and bade him be gone out of England immediately: Who commands me to do this, said Mr. Martin? Is it yourself? To whom Fulk answered, the University or Body of armed men, that lately appeared at Luton and Dunstable, by me do Command you to do this; and bade him again be gone, or he and his Followers would in three Days be cut in Pieces: Mr. Martin much affrighted at this Salutation, went immediately to the King, and told him, what he had heard, and asked if it was done by his Authority: The King told him he was not the Author of any such thing; but my Barons (saith he) can scarce contain themselves from an insurrection against me, for that I have so long suffered your Depredations and Injuries in my Kingdom. Upon this Discourse with the King he Requested his Passport, which was readily granted, The Legate leaveth England. and for his greater security the King sent with him Robert Noris, one of his Marshals to conduct him to the Sea. The [6] f. 666. n. 40. A. D. 1245. The English Procurators complaint in the Council of Lions. Procurators of the University or Body of the Nobility of England before named, sitting in the Council at Lions, Mr. William Poweric their Clerc stood up, and propounded the Grievances of the Kingdom of England in behalf of the said University, lamentably complaining of a Tribute injuriously imposed on the Kingdom by the Court of Rome, to which the Fathers of the Nobility, nor they themselves had ever consented; nor did at present, or ever should consent; whereupon they craved Justice with Remedy; To which complaint the Pope made no answer; yet William Power●c produced the [6] Append. n. 173. Epistle, which declared the many Extortions made in England by the Roman Church, which was read in the Council. After some time of Waiting, the 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 i● England. Granted that all Patrons both Lay and Ecclesiastic, should present whom they would to Ecclesiastic Benefices without the Let or hindrance of him, or his Legates. 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. ●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 Welshmen 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 Forage 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 Welsh, 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 North-wales 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 powl's paid a certain Tribute yearly, as appears in the Laws of Howel Dha. North-wales, without Issue; in whose place the Welshmen 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 Parliament at London there were severe A Parliament at London. Laws made against such as Rob 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 stolen, and Inquisition was made by the King's Writ, if he that was Indicted was Convicted, he was to lie in the King's 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 King's 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 Parliament of the whole Kingdom met at London according to Summons, [8] Paris f. 698. n. 40, 50. A General Parliament 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 Peterpences, oppressed the Kingdom by Extorting from the Clergy great Contributions, without the King's Consent, against the Ancient Customs, Liberties, and Rights of the Kingdom, and against the Appeal of the Procurators of the King and Kingdom in the General Council of Lions. 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 Pope's 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 Pope's 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 Customs and Written Laws thereof, and against the Indulgencies of the Pope's 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 weakened and enervated all Oaths, Ancient Customs, 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 yoke, and this was done according to the King's 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 University 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 Lions imposed upon by the Pope. the Pope just before the Dissolution of the Council of Lions, caused the English Bishops to put their Seals to the Instrument of King John, by which he engaged himself and Heirs, to pay a Thousand Marks a year to Innocent the Third and his Successors. Fulk Bishop of London was very unwilling to do it, yet at last he suffered himself to be overcome. They then also Signed the Instrument of the Deposition of Frederic the Emperor. And yet further to the great prejudice of the King and Kingdom he [2] f. 701. n. 50. A new Oppression of the English Bishops by the Pope. sent his Apostolic Commands to the Bishops, That some of them should find him 15, others 10, others 5 stout men well Horsed and Armed for one year, as the Pope should direct. And lest the King should make provision against this Exaction, the Bishops were Commanded not to discover it, under pain of Excommunication. This year by great [3] f. 705. n. 30. The Office of Marescalcie granted to Earl Roger Bigod. Intercession the Marescalcie with the Office and Honour, was Granted to Earl Roger Bigod, by reason of his Countess (ratione Commitissae suae) the Eldest Daughter of William the great Earl Marshal. Against the great Grievances and Exactions of the Pope, [4] f. 706. n. 30. Messengers sent to Rome to complain of Grievances. William Powerit, and Henry de la Mare were sent to Rome by consent of King, Bishops, Earls, and Barons. And in the mean time [5] fol. 707. n. 40. he sent for 6000 Marks which had been charged upon the Bishops by his Clerc Master Martin, which so exasperated the King, That he [6] Append. n. 174. The King's Command to the Bishops not to pay any Aid or Tallage to the Pope. wrote to the Bishops, and Reproved them for not observing his Letters Patents, and close, by which he had Commanded them to pay no Aid or Tallage to the Pope, and in that Writ commanded them again not to comply with any of his Exactions contrary to the Resolutions of themselves, and other Prelates, the Earls and Barons made in the Council at London. On the 7th of July there was a Council holden at Winchester, between the King and [7] Paris f. 709. n. 30. A Council held at Winchester. The King prohibits from contributing to the Pope. Great men about the Desolation of the Church; William de Poweric and Henry de la Mare that had been sent to the Court of Rome, were then returned, bringing back nothing of moderation from the Pope, concerning the oppressions of the Kingdom and Church of England, of which they had complained; He continued resolute in forcing his Demands, which Resolution so moved the King and Great Men, That he commanded Proclamation to be made in all Towns, Markets, and public places, no man of the Kingdom should consent to any Contribution to the Pope, or send him any Aid. [8] Ibid. n. 40, 50. The Pope writeth severely to the English Prelates. The King forced to consent to the Pope's Exactions. But he sharply wrote to the Prelates after he had been advertised of this Proclamation, and under pain of Excommunication and Suspension charged them to pay in the Money to his Nuncio at the New Temple London. And whereas the King was fixedly prepared to defend the freedom of the Kingdom and Church by the Threats of his Brother Earl Richard, and some Bishops, but especially of the Bishop of Worcester, who (as it was said) had power to Interdict the Nation, he was Baffled, and fell in the cause, so as the Contribution was paid, and the whole endeavour and hope of maintaining the freedom of the English Church and Kingdom came to nothing. The Pope taketh an advantage of his easiness. And the Pope taking a greater Confidence from what he had already done, commanded more [9] f. 716. n. 10 And treateth the Clergy rigorously. Imperiously than he were wont to do, That all Beneficed Clercs that resided upon their Live, should pay unto him a third part of their Goods, and such as did not Reside, were to pay one half, and appointed the Bishop of London to Execute this his project. Who [1] Ibid. n. 20 with some others met at St. Paul's to consider of this matter, to whom the King sent John de Lexinton a Knight, and Lawrence of St. Martin his Clerc on the Morrow after St. Andrew or 8th of December, strictly prohibiting them to consent to that Contribution; and so they broke up their meeting to the great satisfaction of all such as were called before them: If any man thinks it worth his labour, to peruse the Answer of the [2] Ibid. n. 30, 40 50. Clergy to this unreasonable Exaction, may see it in Mat. Paris. About this time the Bishop of [3] Ibid. lin. 1. The Bishop of Lincoln maketh an inquisition into the lives of the People. Lincoln by the Instigation of the Friar's Preachers, and Friars Minors, made strict Inquisitions, by his Arch-Deacons and Rural Deans, concerning the Continency and Manners of Noble and ignoble, to the great Scandal of them, and the blasting of their Reputations. The King hearing the grievous complaints of his people concerning these proceed, by advice of his Court, sent his [4] Append. n. 175. The King forbids the Execution of it. Writ to the Sheriff of Hertfordshire, commanding him, That as he loved himself and all he had, That he should not permit any Laymen of his Baylywic for the future to meet in any place to make Cognitions, or Attestations upon Oath at the pleasure of the Bishop of Lincoln, his Arch-Deacons or Rural Deans, unless in Matrimonial, and Testamentary Causes. In 1 fol. 719. n. 20. The King reconciled to the Bishop of Winchester. the year 1247. A. D. 1247. King Henry with many of his Great men was the day after Christmass-day entertained at Winchester by the Bishop of that place. By this the King signified he had forgotten all former offences, and in the presence of the whole Court received the Bishop into his favour. At the same time the King [2] Ibid. n. 30. A Council called at London. The Bishops absent themselves. summoned his Great men (Magnates suos) and the Arch-deacons of England to meet at London, to consider how the Contributions the Pope required should be raised. At the day appointed all the Bishops designedly absented themselves, that they might not appear openly to confront the Pope's desires. These Continual exactions of the [3] Ibid. n. 40, 50. A general Clamour against the Pope and his Ministers. Pope's Legates and Collectors opened every one's Mouth against him, but especially in France, where they did not spare his Holiness, but loaded him with bitter reproaches and revile for the Extortion and Rapine that was practised by his Ministers: Insomuch that the [4] fol 720. n. 20. A Decree of the Great men of France against Papal jurisdiction. Great men of the Kingdom (Omnes regni Majores) Decreed, and by Oath Established it, That No Clerc or Laic for the future should compel any one to appear before an Ordinary, Judge or Delegate, unless upon the Account of Heresy, Matrimony, or Usury, upon Forfeiture of all his Goods and loss of one of his Members. This resoluteness of the French very much Troubled the Pope, [5] Ibid. n. 30. The Pope's method to regain the good will of the French. so that he endeavoured by all means to soften them into a compliance with him; he bestowed many Ecclesiastical Benefices among their Relations, and gave them licence to obtain more, and other Indulgences; besides, he was bountiful in his gifts among the Noblemen, which brought many over to him from their former Resolution. The Day after [6] Ibid. n. 50. A Parlen● at London. Candlemass the Parliament met at London, where the King was informed, that the King of France had a design upon Gascoigny, and that it would not be only a great reproach, but a prejudice to him to suffer it to be lost, seeing he received yearly from Bordeaux 1000 Marks: The Archdeacon's of England, and very many of the Clergy met the Great men there: They complained of the frequent and intolerable Exactions of the Pope, affirming to the King, The Clergy's complaint to the King of the oppressions and Exactions of the Pope. What was resolved in this Affair. That if these were suffered, His Kingdom would be endangered, and both Laity and Clergy would be ruined by a dissolution that former times had not known. Upon this, It was resolved that discreet Messengers should be sent to the Court of Rome, with Letters, both to the Pope, and Cardinals, on the behalf of the Community of the whole Clergy and Laity of the Realm, showing their Greivances and Oppressions. The [7] Append. n. 176. The Sum of their Letter to the Pope. Sum of that to the Pope, was a profession of their readiness to obey his Holiness; but desire his Pardon if they could not then comply with his Demands; for although their Country yielded Plenty of Fruits for the Nourishment of its Inhabitants; yet it afforded no Money, neither was it sufficient to Supply what was required; for their own King's Necessity urged what they could spare towards the defence of his own Dominions against the assaults of his Enemies, and so concluded That any further burdens would prove insupportable to them. Their Letter to the [8] Append. n. 177. The Communities Letter to the Cardinal. Cardinals was to this Effect. They first give a hint of their grievances, and what they had contributed since the last Lateran Council, first a Twentieth part for three years for an Aid to the Holy Land; then a Tenth to the Pope; afterward several other payments for different Uses at the Command of the Apostolic See. Then they urge the great necessity and wants their own King lay under, whom they were bound to Assist as their Lord and Temporal Patron; and that they themselves were now reduced to such penury, that if all they had were exposed to sale, it would not be sufficient to answer what was demanded: Wherefore they humbly beseech them, to represent their condition to the Pope, and endeavour to divert his Thoughts, his hands, and his Counsels, from such grievous Oppressions. About the same time the Pope [9] fol. 722. lin. 3. granted to King Henry (Vmbratile Privileguim) a * Because he cut off all the advantage with a (non obstante) at any time when he pleased. pretended and deceitful privilege: That No Italian, or Nephew of His, or Cardinals, should henceforward be sent into England to be beneficed, unless He, or his Cardinal's first ask, and obtain leave of the King, to have him provided for. Before the Council was ended, Peter of [1] Ibid. n. 10. The King's Wards married to Foreigners. Savoy Earl of Richmond, came to the King's Court at London, and brought with him several young Women from his own Country to be married to the young Noblemen that were the King's Wards, which thing much disgusted his own Native Subjects. This year [2] Ibid. n. 20, 30, 40, 50. Two Friars Minors sent into England, to be the Pope's Collectors. Their Arrogant behaviour to the English Prelates. John and Alexander, Two Friars Minors, Englishmen by birth, were sent from the Pope with his Authority to be his Collectors or Exactors of Money in England; and pretending to ask Charity only, and use no force, they obtained the King's Licence; And then went to the chief Prelates, and very saucily required of them Money to the use of their Lord the Pope, and sometimes demanded xx s for a Procuration, which was to be paid without delay; if not, they produced the Pope's Thundering Letters (Literas fulminantes) to affright and constrain them to it. When they came to the Bishop of Lincoln, who was a great Admirer of that Order, He stood amazed at their habit (which was more Soldierlike, than Religious.) But when they had showed him the Pope's Letters, Their Demands of the Bishop of Lincoln and Abbat of St. Alban. and demanded of him 6000 Marks to be forthwith paid out of his Bishopric: He Answered with great grief of Heart, That such Exactions were never heard of before, and very unjust, because it was impossible to answer them. And seeing it concerned the University of the Clergy and Laity (Vniversitatem Cleri & Populi) of the whole Kingdom, He could give them no Answer in such a Difficult Affair until he had first consulted the Community of the Kingdom. Then they parted from him and went to St. Alban, and demanded of the Abbot 400 Marks to be paid to them for the Pope's use. But they received much the same Answer from him, they had before from the Bishop. About the same time, the [3] fol. 723. lin. 3. The Pope sends to borrow money of the French, Prelates. Pope by his Messengers, the Friar's Preachers, and Minors, sent to all the Chief Prlates in France, and desired them to Lend him Money according to Every one's Ability, and whatever they Lent should be repaid them without fail when He was able to do it. When this was known to the King of France, He prohibited them under pain of forfeiting all their Goods, But are forbidden by the King. from lending any such Sums, lest thereby his own Kingdom should be impoverished. This year [4] Ibid. n. 30. A Legate sent into Scotland. Godefrid was sent Legate into Scotland, although there was no Occasion for any, and John Rufus into Ireland (quasi Legatus) in stead of a Legate, that he might thereby elude the Privilege lately granted to King Henry, who so well managed his Master the Pope's business there, that He extorted from them 6000 Marks, which sum was conveyed to London by the Religious, The Pope's Extortions in Ireland. and paid into the Pope's Treasury. The same year [5] fol. 727. n. 20, 30. King Henry followed the Example of the Great men of France, who by their King's approbation had entered into a Confederacy, and made a Decree against the insatiable Avarice and Oppression of the Court of Rome, That the same Exactions and Extortions might for the future be prevented here, The Jurisdiction of the Clergy restrained. and the Jurisdiction of the Spirituality restrained, He ordained, that these following Orders should inviolably be observed through England. That No Laic should bring any Case before an Ecclesiastic Judge unless it concerned Marriage or Testaments. The King likewise gave the Bishops a certain Form to proceed in Cases of Bastardy, To inquire whether they were born before, or after Marriage. Clerc's were prohibited by the King's Writ to Commence any Actions for Tithes before an Ecclesiastic Judge, and that Writ by which they were to proceed was called Indicavit. That an Oath should be given to Clerc's, to Discover whether they had proceeded in any Case contrary to the King's Prohibition: Whereas they are not bound to Swear but before an Ecclesiastic Judge in Spiritual Causes. Also concerning Clercs, for Crimes imposed upon them by Laics. In the beginning of Lent the forementioned [6] fol. 728. n. 20, 30, 40, 50. The Abbot of St. Alban cited to London by the Pope's Collector. John a Minorite, Demanded of the Church of St. Alban 400 Marks, the Second time, and by Virtue of his Authority cited the Abbot of St. Alban to appear at London three Days after, either in Person or by his Proxy, to satisfy the Pope's Demands that were lately made to him: The Abbot sent his Archdeacon to appear for him at the day appointed; He Appeals to the Pope who after he had demanded and with difficulty obtained a Copy of the Brief; Answered, That the Abbot designed to send special Messengers to Rome to acquaint the Pope with these grievances, and for remedy appealed to him; because [7] fol. 729. n. 30, 40, 50. But without Remedy. both the Abbot and Convent thought they should meet with more favour from the Pope than they could expect from him. When they came to Lions (where the Pope then resided) They were coldly received and met with great difficulties, and some checks; Namely, That they did not give that respect, and pay that reverence, which was due to the Pope's Messenger, and that their Abbot was the only person amongst all the Abbats of England, that refused to yield Obedience to his Commands. When they saw their entertainment, and no remedy to be expected, they compounded for 200 Marks, and their expenses amounted to 100 more. Friar John writeth to the Pope for additional Powers. When Friar John the Minorite saw the Clergy, especially the Abbats, so unwilling to yield to his demands, He wrote to the Pope, to have his power enlarged; The Pope's Answer, together with the Letters of additional powers are in Additament. Matt. Par. fol. 159, 160. About the same time, the King finding the [8] fol. 730. lin. 6. The Nobility and Clergy meet the King at Oxford. State of his Realm endangered and much impoverished by Papal exactions, and the Money carried out of his Kingdom without any advantage to the Church, He commanded the whole Nobility of the Kingdom [omnem Totius Regni Nobilitatem) to meet at Oxford; But the Prelates were in a more especial manner called, that they might consult, how the Church might be relieved from such oppressions as it now lay under. But they contrary to all expectation presently consented to a Contribution of 11000 Marks, The Prelate's consent to contribute 11000 Marks to the Pope. and the Clergy were constrained to pay it into the hands of the Bishops of Winchester and Norwich, and such as refused were wearied into a compliance, by the troubles and damages, they received from John the Minorite; nor did the Abbot of St. Alban far the better for that he had sent the Pope fourscore Marks the year before. In the year 1248. King Henry [9] Fol. 742. n. 30. kept his Christmas at Winchester, with many of his Great men. A. D. 1248. Soon after, [1] fol. 743. n. 40, 50. A Parliament called at London. He summoned the Nobility of the whole Kingdom of England to meet him at London Eight days after Candlemass. Besides a great Number of Barons, Knights, noblemans, Abbats, Priors, and Clercs, there came thither Nine Bishops, and as many Earls; The Archbishop of York, the Bishops of Winchester, Lincoln, Norwich, Worcester, Chichester, Ely, Rochester and Carlisle; Earl Richard, the Earls of Gloucester, Leycester, Winchester, Hertford, Roger Bigod Marshal, and Oxford; besides, the Earls of Lincoln, Ferrars, Warren and Richmond. The Archbishop of Canturbury was beyond Sea, the Bishop of Durham was infirm, and the Bishop of Bath was lately dead. When they were assembled, the King required of them an Aid. But they [2] fol. 744. line. 1. The King required an Aid, but is denied. And is reproved by his Great men for miscarriages. reproved him for ask it without Blushing (as saith the Monk), seeing when they granted the last, he promised by his Chart, he would not any more burden his Great men. Moreover they blamed him for his repeated kindness, and Liberality to Foreigners, and contempt of his Native Subjects, for not encouraging the trade of his own Kingdom, [3] Ibid. n. 20.30. for keeping Bishoprics, and Abbeys void, in his own hands: To these they added, That neither the Justiciary, Chancellor or Treasurer were made by the Common Counsel of the Kingdom (per Commune Consilium Regni) as they * There are no Instances to be found of that in his Predecessors times were in his Predecessors Reigns. When the King heard these things, [4] Ibid. n. 40. His concern, and promise to correct what was amiss. he was much concerned, and promised that what was amiss should be speedily corrected; To which the University of England Answered, That as they had often, so they would now patiently wait a short time, and see whether he meant as he spoke; and according as he performed his promise, so they would their obedience to him in all things. So the further consideration of this Affair was put off till fifteen days after Midsummer. At the day [5] fol. 748. n. 30, 40, 50. appointed, The Answer He received. the Nobility of all England (Nobilitas totius Angliae) met at London, and were received by the King with this following Speech, That they did not treat their King civility, but would have him submit to their pleasure, and yield to any Terms they should offer him; and did deny that Liberty and Authority to him, which every Master Exercises in his own Family; every Master of a Family may use, whose and what Counsel he please, The King's Speech to the Parliament. and may put in and put out what Officers he please in his own House, which you deny to your King: And as Servants ought not to Judge or impose any Difficulties upon their Lord, so neither Vassals on their Prince; and therefore was resolved, neither to remove the Chancellor, Justiciary or Treasurer at their pleasure, nor to appoint others. And then added, that he expected from them a pecuniary Aid, for the defence and recovery of his Rights, which concerned them beyond the Seas. To all which they unanimously Replied, That they would no longer impoverish themselves to enrich Strangers, Their Answer, and Resolve against granting any Aid. as they had formerly done, when they gave money towards his Expedition in Gascoigny and Poictou: So the Parliament was dissolved in great disorder, without any satisfaction, either to the King or themselves. But the King was hereby [6] fol. 749. lin. 1. The King reduced to great straits. reduced to so great necessities, that he was constrained to expose to Sale his Jewels, Plate, and other Utensils of his House; and such Vessels as were curiously wrought and Gilded, were Sold, not according to their value, but weight. When the King enquired where he should meet with Buyers, it was Answered, At London. The King replied, If the Treasury of Octavian were to be sold, the City of London were able to purchase it. This year on the 13th of October, [7] fol. 751. n. 10, 20. A new Fair proclaimed at Westminster to hold 15 days. the King with many Prelates and Great met at London to celebrate the Memory of the Translation of St. Edward, and caused a New Fair to be proclaimed at Westminster, to continue 15 days, and prohibited all other Fairs that▪ used to be kept at that time of the year, throughout all England, and also all Trading in the City of London, within Doors and without, during that time; That this Fair at Westminster might be the more plentifully stored, and frequented with all sorts of Goods and People. This year the Pope [8] fol 754. n. 30, 40, 50. The Pope sendeth his Italians to be Beneficed in England. continued his Extortions from, and Oppressions of the English, and sent his Italians to be without delay beneficed in England, whereof One was sent to the Abbot of Abendune, who made choice of the Church of St. Helen's in the same Town, worth 100 Marks by the year; and the same day it became void the King send's his Mandate to the Abbot to confer it upon * Adelmar, afterwards Elect of Winchester. The Abbot of St. Alban cited to Rome for refusing to accept one. Ethelmarus his Brother, by the Mother's side, and the King would protect and indemnify him. The Abbot yielded to the King's Command. Upon this the Pope cited the old Abbot to appear before him at Rome, who being deserted by the King, was constrained to take that wearisome, and tedious Journey; where after many difficulties and expenses, he compounded for fifty Marks. A. D. 1●49. In the year 1249. the King kept his [9] fol. 757. n. 20. Christmas at London, and required of the citizens New-year's gifts. Then he sent to the [1] fol. 758. n. 10, 20, 30, 40, 50. The Kings wants press him to ask Money of his Subjects. citizens of London, to supply him with Money, which they received with a heavy Heart, and complained, That that Liberty which was so often bought, granted, and Sworn to, would not now distinguish them from Slaves of the meanest rank; but at length with great reluctancy were constrained to pay 2000 pounds; but this would not satisfy the King's wants, therefore he was forced to apply himself to his Great men one by one, and requested them to Lend him Money, both to supply his Necessities, and pay his Debts, and also to enable him to recover those Rights the King of France had invaded: And in a most Submissive Manner made his urgent Necessities known to the Prelates and Abbats, and begged of them either to give or lend him such or such a Sum of Money; but could obtain nothing but Excuses or denials, unless from the Abbot of St. Alban, from whom he received Sixty Marks. This encouraged the King to hope the like success from other Prelates and Abbats, and accordingly [2] fol. 759. lin. 3. wrote to those of Essex and Hertford, to Lend him Money for his present Necessities, and gave them his promise Faithfully to repay the same. This year [3] Ibid. n 20. Nicholas Bishop of Durham resigned his Bishopric. Nicholas Bishop of Durham being sensible of his great Age, and infirmity, resigned his Bishopric, and withdrew himself from all public Affairs, to a private Life. The King recommended [4] Ibid. n. 50. The King recommended his brother Ethelmar to the Convent. The Monks refuse to choose him. Aethelmarus his Brother to the Convent, and by Messengers, and repeated Entreaties would have persuaded them to choose him to be their Bishop. To whom they replied, that He had at his Coronation sworn to preserve the Church's Liberty, and that the person recommended, was neither of sufficient Age, or Learning, for so great a Charge. The King Answered, [5] fol. 760. lin. 4. Then He would keep the Bishopric eight or nine Years in his hands, and by that time He would be capable of it. This year in June [6] fol. 767. n. 20. S. Montfort Earl of Leycester subdued the rebellious Gascoigns. Simon Montfort Earl of Leycester (although he had undertaken the Crusado) passed over Sea into Gascoigny, and subdued all that were in rebellion against King Henry, and in every thing behaved himself with such fidelity and Courage, that he gained the applause of all the King's friends, and the Name of a trusty Patriot. This year on the 3d of July [7] fol. 770. n. 40. The King of Scots death. died Alexander King of Scotland. In the year 1250. King Henry kept his [8] fol. 772. n. 10. The Countess of Cornwall brought to bed of a Son. Christmas at Winchester, and after the celebration came to London. At the same time [8] fol. 772. n. 10. The Countess of Cornwall brought to bed of a Son. Cincia Earl Richard's Wife was brought to bed of a Son, who was named Edmund. Soon after many of the [9] Ibid. n. 50. Many of the Nobility and Bishops go over Sea. Nobility of England, for reasons not known, passed over Sea; Among whom were Richard Earl of Cornwall, and the Earl of Gloucester, Henry de Hastings a Baron, Roger de Turkebi, and many other Nobles; Besides the Bishops of Lincoln, London and Worcester; And with them the Archdeacon's of Oxford, and Bedford, and many other Clercs. On the Seventh of March the King and many of the Nobility and Clergy undertook the Crusado; The King, noblemans, and Clercs undertake the Crusado. [1] Ibid. n. 50. There were in all about 500 Knights, besides an innumerable Number of Esquires and Common Soldiers. In May [2] fol. 777. n. 30, 40, 50. Earl Richard kindly received and treated by the Pope. Earl Richard returned into England from the Court of Rome, where he was received and treated, both by the Pope and the Cardinals, in a most Pompous and Magnificent manner, to the admiration not only of the Citizens, but of all strangers that were present at his entrance, and saw his entertainment; which Occasioned various Conjectures, but most then thought, That the Pope knew he was both Rich and Ambitious, and at that time designed to promote him to the Empire. At the same time the [3] fol. 779. n. 40. The Great men return into England again. Earls of Gloucester and Leycester, with many other Great men, and Prelates, returned into England. About Midsummer there was great [4] fol. 783. n. 10. Great Stirs in London about some Liberties of the City. Stir in the City of London about some Liberties of the citizens, the King had granted to the Abbot of Westminster; the Mayor with the whole Community of the City, made their complaint to the King, but could obtain no Remedy: Then they applied themselves to Earl Richard, and to the Earl of Leycester, and some other Great men, who went to the King and severely blamed him for infringing those Charters his Predecessors had granted to the City, and also severely Reproved the Abbot, as one that occasioned, and moved the King to this Violation: By this means the King was restrained from proceeding any further in his Grant. Soon after the King [5] fol. 785, n. 20. King Henry's complaint to the Pope against his Great men. complained to the Pope, that his Great men who had undertaken the Crusado, designed to begin their journey to the Holy-Land before he was prepared, and that they were more ready to follow the King of France his Capital Enemy, than him. Upon this the Pope by his Letters, under pain of Excommunication, prohibited any from going without the King's leave; and for the better Security, [6] Ibid. n. 30. He sent to the Wardens of his Ports to hinder any of his Great men from passing over Sea. This year a certain Jew, [7] Ibid. n. 40. Aron a Jew severely fined for falsifying a Charter. Named Aron, being convicted of Counterfeiting or falsifying a Charter, was severely fined and paid to the King 14000 Marks, and to the Queen an answerable proportion in Gold: So, that it was Computed, That this Jew had paid to the King 30000 Marks of Silver since his coming from beyond Sea, and to the Queen 200 Marks of Gold; as the same Jew informed our Author Matthew Paris, [8] Ibid. n. 50. who says they were not to be pitied, because the Jews were manifestly proved to be corrupted, and forgers of the King's Seals and Charts. This year about the Feast of St. Matthew, [9] fol. 800. n. 20, 30. The Bishop of Winchester's Death at Turon. William Bishop of Winchester died at Turon; The King after some short sorrow for his Death, sent very kind and soft Letters to the Monks of that Cathedral to persuade them to choose Ethelmarus his Brother, their Bishop. [1] f. 801. n. 20. The Monks were under great difficulties how to manage themselves; They durst not reject the King's request, lest further inconveniencies should ensue; for they thought the Pope the King's close Friend; neither were they willing to Elect one whom they knew to be altogether insufficient for so great a charge: [2] Ibid. n. 50. Ethelmarus the King's Brother chosen Bishop of Winchester. At last after many disputes the King's powerful request prevailed, and Ethelmarus was chosen Bishop, and forthwith Solemn [3] Fol. 802. Lin. 5. Messengers were sent to give the Pope notice of it, with Letters full of entreaties and promises to induce him to approve of what was so very pleasing to the King. Soon after the King received [4] fol. 803. n. 40, 50. The Pope asks King Henry's leave to reside at Bordeaux. Solemn Messengers from the Pope, to desire leave of him, to let him reside some time at Bordeaux; for the Earls of Poictou and Provence, Brothers to the King of France (who was lately taken Prisoner by the Saracens) looked upon the Pope to be the principal Author of this misfortune, because he had hindered those who had undertaken the Crusado, from proceeding according to their design, and had absolved many from their Vow. There passed hard words between the Pope and them, and they parted from each other in great anger. The Earls made what hast they could into England to solicit the King to give them what assistance He could in this juncture, for the Relief of their Brother, urging to him the Vow he at present lay under. This reduced the King to great straits; The King takes time to consider of an Answer. for if he consented to the Pope's request, he made the Emperor his Enemy; If he refused him, he then incurred his displeasure; whereupon the King took longer time to consider what Answer he should return. A. D. 1251. In the year 1251. King Henry kept his [5] fol. 807. lin. 5. & n. 20. The King retrencheth the Expenses of his Household. Christmas at Winchester, but the usual plenty and Hospitality was laid aside, and the accustomed distribution of gifts was omitted, and no one was an acceptable guest at Court, who did not bring some gift or present to the King, Queen, Prince Edward, or some Courtier. On Epiphany day [6] f. 810. n. 10. Monfort requires a supply of men and money for Gascoigny. Simon Montfort Earl of Leycester, he had in a great measure reduced Gascoigny to the King's obedience, came into England, accompanied only with three Esquires, & went to the King, and acquainted him with the great charge and expense he had been at, to repress those Rebels, but could no longer maintain it out of his own Revenues; therefore He required a supply both of Men and Money from him, [7] Ibid. n. 40. His request granted by the King. which was granted; and having received of the King's Treasury 3000 Marks, and gathered together what Money he could among his own Tenants, and those of his Wards, He prepared to return into Gascoigny. On [8] fol. 811. n. 40, 50. Henry of Bath Justiciary accused of Bribery and Extortion. Candlemass day following Henry of Bath the King's Justiciary was accused to the King of Bribery and Extortion, whereby he had raised a very Great Estate upon the ruin of others; Upon this he was Attached, and when John Mansel Clerc, one of the King's principal Counsellors offered to be his Bail, the King refused him, adding that his fault was little less than Treason. But upon the importunate intercessions of the Bishop London and many others, he was set at liberty, and Twenty four Knights bound for his Appearance at a time appointed, statuto Termino. On the 17 of February [9] fol. 814. n. 40, 50. A Parliament assembled at London. Crimes that were objected against the Justiciary. The King shows his displeasure against him. according to appointment the Parliament met at London, where appeared the above mentioned Henry of Bath, who (beside other Crimes) was accused for incensing the whole Baronage against the King (Vniversum Baronagium contra ipsum Regem exaspiravit,) upon which a general Sedition was like to ensue. The King was so highly provoked against him, that he caused it to be openly proclaimed in his own Court, and in London, That if any Person had any Action or Complaint against him, he should come in, and be fully heard. One of his fellow Justices laid to his charge, that for Money he acquitted and discharged one convicted of Notorious Crimes; which so enraged the King, that he publicly declared, That if any one should Kill Henry of Bath, he would pardon him. And he had been soon dispatched, had not the prudence of John Mansel and the threats of the Bishop of London, secured him from violence. But at length having made Earl Richard, [1] fol. 815. lin. 6. Earl Richard, stood his friend. his Friend, through his powerful mediation, and the promise of a good Sum of Money, he gained his Liberty. [2] fol. 820. n. 30. And reconciled him to the King. About the 21 of July following, he returned again to Court, and was reconciled to the King upon the payment of 2000 Marks. About this time [3] fol. 815. n. 10. Ethelmar's Election confirmed by the Pope. The Pope's unreasonable Message to to King Henry. Ethelmarus the King's Brother by the Mother's side, was by the Pope approved of and confirmed in the Bishopric of Winster. At the same time the Pope sent to the King to make a yearly allowance of 500 Marks for the maintenance of the Duke of Burgundy's Son, a Young Child. This year Wales was [4] fol. 816. n. 10. Wales receiveth the English Government and Laws. wholly subdued, and received the English Laws; and that part of it which Borders upon Cheshire, was committed to the Government of Alan de Zouch, who answered to the King 1100 Marks by the year. About this time [5] fol. 817. n. 50. & fol. 818. lin. 1. The Pope violateth his own Indulgence granted to the English. the Pope sent [5] fol. 817. n. 50. & fol. 818. lin. 1. The Pope violateth his own Indulgence granted to the English. John de Camecava his Nephew and Chaplain, into England with Letters to the Abbot and Convent of St. Alban, commanding them to confer upon him the Parsonage of Wendgrave, or any other Benefice that belonged to their Patronage, if desired by the above Named John, when it became void; notwithstanding that Indulgence or Privilege lately granted to the English, that Benefices of Roman Clerc's, that should become vacant either by Session, or Death, should not be conferred on any Italians. After that Simon Montfort Earl of Leycester [6] fol. 825. n. 50. The Earl of Leicester's success against the Rebellious Gascoigns. had by various successes against the Rebels in Gascoigny broken their strength, and had taken Chastellion, a Castle of great importance to them, and their common refuge; He, together with his Wife, and [7] fol. 828. lin. 1. He returned into England with Guido the King's third Brother. Earl Guido de Lusignan, the Third Brother of the King by the Mother's side, Landed at Dover in November. When the King had Notice of it, He commanded his Great men and citizens of London to receive his Brother with all solemnity, and signs of joy. And after he had supplied his wants by the King's bounty, he returned home plentifully furnished with Riches. A. D. 1252. In the year 1252. King Henry kept his [8] fol. 829. n. 10, 20, 30. Margaret the King's Daughter is married to Alexander King of Scots. Christmas at York, because his Daughter Margaret being now of full age, was to be solemnly married to Alexander the Young King of Scots. And for the more glorious celebration of these Nuptials, there met a very great confluence of the Clergy and Nobility, not only of England, and Scotland, but several from France. On Christmas day King Henry Knighted Alexander King of Scots, and the next day very soon in the Morning, He was Married to the King's Daughter: [9] Ibid. n 50. He doth Homage to King Henry for lands held of him. King Henry requires his homage for the Kingdom of Scotland. The King of Scots Answer. Then He did Homage to the King of England, for Lowthian and some other Lands he held of him, and after that, It was demanded that he should do the same Homage and Fidelity to his Lord the King of England for the Kingdom of Scotland, as his Predecessors had formerly done. To which the King of Scots replied, That he came thither in a peaceable manner, and by Marriage of his Daughter, to unite himself more close to him; but not prepared to give an Answer to such hard Questions, for he had not consulted his Nobility about so difficult an Affair. When the King heard this modest reply, he would not press him any further at present; lest the designed mirth and jollity of the Nuptial Solemnity should be thereby disturbed. Soon after the Pope [1] fol. 83. n. 50. The Pope sollicite's King Henry to assist the King of France. wrote to the King to hasten his preparation for the Holy Land, to prosecute the Vow he lay under, and give what Aid and Relief he could to the King of France. And if He would not go in person, not to hinder others, who stood obliged by the same Vow. The King to show his readiness to answer the Pope's request, took great quantities of Money from the Jews, nor were his Christian Subjects spared. In the Spring following the [2] fol. 832. n. 30, 40, 50. The Gascoigns accusation against the Earl of Leycester. He pleads his innocency and Merits before the King. He is again sent into Gascoigny. He executes his Malice and revenge on his Accusers. Noblemen of Gascoigny, sent over their complaints to the King against Simon Earl of Leycester, accusing him of Unfaithfulness and Treachery. When the Earl heard of what was laid to his charge, He went to the King and pleaded his Innocency, and wondered he should give more Credit to his Rebellious Gascoigns, than to him, who had given such proofs of his Fidelity. To whom the King replied, That if he were Innocent, a strict inquiry would render him the more Eminent; The Earl being calmed and humbled by this Answer of the Kings, was again furnished with Money for his return into Gascoigny, which he hastened as much as possible, that he might execute his Malice and revenge on those that had accused him to the King: And He did it with such rigour at his return, that all Gascoigny had [3] fol. 833. lin. 4. revolted from their Allegiance to the King of England, and sought out a New Lord, could they have found any other Country to have sold their Wines with such advantage to themselves. Soon after the Great men of Gascoigny agreed to send [4] 836. n. 10. The Gascoigns repeat their complaints against him to the King. solemn Messengers to the King of England, to acquaint him how his faithful Subjects in that Country were inhumanely treated by the Earl of Leycester; and drew up the charge or Accusation against him, which was Testified by the Seals of their Cities, Great men, Castellans, and Bailiffs. And this was carried to the King by the Archbishop of Bordeaux, and several Great men [5] Ibid. n. 30. who landed in England about Whitsuntide, and found the King at London, before whom, they laid a lamentable [6] fol. 838. n. 40, ●0. The King not very ready to credit them. complaint of the Treachery and Tyranny of the Earl of Leycester. The King would not give a hasty belief to their complaints, because he had found them Traitors when he was in Gascoigny; But waited till the return of Nicholas de Molis, and Dr●g● Valentin, whom he had sent thither to inquire into the Truth of their accusation. At their Return they [7] fol. 836. n. 40, 50. reported to the King, that they found some had been inhumanely treated by the Earl, but, as they believed, according to their Merits: The Archbishop of Bordeaux, and such have as came with him, required they might prove their Accusation, They desire they may have a fair Trial against him. and then have Judgement, and protested by Oath they would never obey the Earl, and begged of the King to provide them a new Governor; but that was not enquired into because the Earl was Absent: Then a day was appointed to examine further into this Affair. Earl Richard and several other Great men side with Montfort. The Earl of Leycester had procured Earl Richard, and the Earls of Gloucester and Hereford together with many other Noble and Great men, who were his close friends, to be present: At the time prefixed the Earl appeared, and so pleaded his Innocency, and vindicated himself, that he stopped some of his Adversaries Mouths; and when the King saw that his Brother Richard, favoured the Earl, He also moderated his Anger he had conceived against him. After long debates, and reflections upon each other, The Earl [8] fol. 837. lin. 1. n 10, 20. Montfort urgeth his services were unrewarded. repeated the Services he had done the Crown, and the promises and Grants the King had made him, and the Expenses he had been at in his Service; and boldly demanded of the King performance of his Bargain, and recompense for his charges. The King replied he would not stand to any promise made to one that was a Traitor. The Earl told the King He lied, and were he not a King would make him eat his Words. Adding in a most reproachful manner, and Questioning, Wither any many could believe he was a Christian, or whether he had ever been at Confession? The King's Answer; and Montforts impudent reply. The King replied, Yes. The Earl answered, what availeth confession without Penance and satisfaction? To which the King replied, That he never had more reason to repent of any one thing so much, as that he had permitted him ever to enter into England, and that he had given Honours and possessions to One so ungrateful. The King had forthwith caused him to be apprehended and imprisoned, The Great men abet and support him. but that he had Notice that some of the Great men would abet, and support him: At length by the interposition of friends they parted from each other. Soon after the King ordered the [9] fol. 844. n. 40. S. Montfort Earl of Leycester returned into Gascoigny. Earl of Leycester to return into Gasco●gny, and seeing he was such a lover of War, he might there find Employment enough, and also a reward answerable to his Merits, as his Father had done before him. To which the Earl boldly replied, That he would go, and not return till he had wholly subdued the Enemies, and reduced the rebellious Subjects of an ungrateful Prince; and presently made all preparation possible to hasten his Expedition. Then the King called to him [1] fol. 845. n. 10. A. D. 1252. Prince Edward made Governor of Gascoigny. The Gascoigns do Homage to him. the Archbishop of Bordeaux, and the Gascoigns that were with him, and those about London, and declared that his Brother Richard, whom he had made Governor of their Country, neither valued it, nor cared to see it; whereupon he gave them Notice that he conferred it upon Prince Edward his Eldest Son. This much rejoiced the Gascoigns, and forthwith all that were present did their Homage and swore Fealty to him; the King reserving to himself their Allegiance. Then after they had received many gifts and presents from Prince Edward, they prepared for their return into Gascoigny, 2 Ibid. n. 30, 40, 50. A Skirmish between the Earl of Leycester and the Gascoigns. where they found all pleased with their new Governor, and very busy in their Preparations, both to receive and Countermine the Earl of Leycester; between whom and the Gascoigns was shortly after a smart Skirimish, in which the Earl very difficultly escaped being taken or killed; but being relieved, he soon gained the advantage, and having taken five of their principal men Prisoners, he put the rest to flight. This year was a general [3] fol. 846. n. 10. A general complaint against Foreigners. Complaint among all sorts of People, both Clercs, and Laics, of the Oppressions and Exactions they suffered from Foreigners, and more especially Poictovins; and when any complained he was injured, and sought remedy by Law, the Poictovins would relpy, What did the Law, or Assize or Customs, of the Kingdom concern them? (Quid ad nos de lege, de Assisis, vel regni hujus consuetudinibus?) which very much fretted the King's Natural Subjects, especially, when they saw many of the English tread in the same steps. On [4] fol. 849. lin. 3. The Pope's command to the English Clergy. the 13th of October, (being the Feast of the Translation of St. Edward) all the Prelates of England, (except the Bishop of Chester, who was infirm, and the Archbishop of Canterbury, and Bishop of Hereford, that were beyond Sea, and the Archbishop of York) met the King at London; where was propounded to them (Papale Mandatum) the Pope's Command, That the [5] Ibid. n. 10, 20, 30. Tenth of the whole Church, for three years should be set apart and paid towards the defraying the King's Expenses in his journey to the Holy Land. And this not to be levied according to the old value of the Church Revenues, but according to the new value, and strictest inquisition, and judgement of the Collectors, or King's Officers (ad inquisitionem strictissimam, et voluntatem & arbitrium Regiorum Satellitum.) Moreover the King's Agents offered, That if they would pay down two years' value according to the Pope's Precept, that of the third year, or at least half of it, (although it was not granted in the Bull) should by the King's bounty be remitted. To all which the Bishop of Lincoln replied, The Bishop of Lincoln's Reply. That they proceeded upon a supposition that was not granted, Namely, that they had consented to this cursed contribution (ad maledictam contributionem.) The Elect of Winchester Replied to him, How can we gainsay both the Pope and the King? The general opposition of the Bishops. The King ill● resenteth it. and moreover the French have consented to the like contribution. The Bishop of Lincoln Answered, upon that very Account we ought Not to consent, for we see the effect of that contribution; a Double act begets a Custom: With him agreed the Bishops of London, Chichester, and Worcester, the Elect of Winchester, and almost all the rest, only Salisbury fluctuated. When the King had received their Answer, he replied; They do not only oppose the Pope, and their King, but also Jesus Christ, and the Universal Church. To which the Bishops Answered, That if the Pope did but truly understand, [6] Ibid. n. 50. how they had been impoverished and oppressed on every side, he would not think it strange, that they should oppose this contribution. And when the King with great importunity urged the Payment of it, [7] f. 850. n. 30, 40. But could not gain a compliance. they answered him, That both the Archbishops of Canturbury, and York were absent, and they could not do any thing without the consent of their Primates. At the same time the King [8] f. 852. n. 10, 20. demanded of the Citizens of London Twenty Marks of * That is, 9 or 10 score Marks in Silver. Gold, and also to their prejudice continued the Westminster Fair for fifteen days, and would not allow them to open their Shops all that time. Soon after he [9] f. 853. n. 40, 50. The Great men called to consult about the Gascoign Affairs. They reflect upon the Gascoigns, and favour Leicester. called his Great men together to consult with them about the Affairs of Gascoigny: When they were met, they urged on the behalf of the Earl of Leycester, That the Gascoigns were infamous and rebellious, as appeared by their treating of their King when he was among them; and that they had practised Robery and depredations on Travellers; and that the Earl of Leycester had three years and a half, yet remaining in his Charter, by which the Government of that Country was committed to him. The King was not at all pleased to find his Great men so ready to excuse the Earl, for he determined to have dealt with him as a Traitor: When the Earl had Notice of the King's design, he replied; [1] fol. 854. l. 1. I am very well satisfied that the King would destroy me to enrich some Provincial, or Poictovin with my Earldom: And so the Council was dissolved, the King being equally dissatisfied with the Secular Great men as with the Prelates, so as he thought to send for a Legate, who might force the Clergy by Apostolic Authority to answer his Demands. On the 11 of November [2] f. 856. n. 40. Albert the Pope's Notary his offer to Earl Richard. Albert the Pope's Notary came into England to persuade Earl Richard, who was known to be wealthy above all the Great men of the West, to accept the Pope's Offer of the Kingdoms of Apulia, Sicily and Calabria; neither was he unmindful of himself, but let the Bishops [3] fol. 859. n. 40. know that he was the Pope's favourite, and that Presents, and Benefices would be very grateful, and acceptable to him. This year [4] fol. 859. n. 40. The yearly revenue of the Italian a●d Foreign Clercs. the Bishop of Lincoln employed one of his Clercs to take an exact account of the yearly Revenue that Italians and Foreign Clercs were possessed of in England, and it was found to amount to above 70000 Marks by the Year, and the King's bare Revenue at the same time scarce reached to one third of that Summ. Reditus Regis merus non ad ejus partem tertiam computatur. Simon Montfort Earl of Leicester this year [1] Paris f. 863, lin. 1. Montfort resigns his Patent of the Custody of Gascoigny. Alphonso King of Castille his pretences to it. Resigned his Chart or Patent of the Custody or Stewardship of Gascoigny, which he had obtained of the King for five years: He purchasing him out of the remainder of his Term, which was three years, and conferred that Government upon his Son Edward. Alphonso King of Castille, so soon as he found the Earl of Leicester had quitted his Charge, and it was left to the management of a Child, [2] Ibid. n. 10. pretending a Grant of that Country from King Henry the Second, confirmed by Richard the First and King John. Many of the Nobility of Gascony left King Henry and joined themselves to Him. The Citizens of Bordeaux that were faithful to the King of England, gave him notice, That unless he sent them a quick and powerful assistance, he would lose the whole Country. [3] Ibid. n. 20. The King was troubled he had removed Montfort who was gone into France, and then past Recalling, and Earl Richard had been supplanted after he had obtained a Patent of that Government, so as he behaved himself warily and silently. In Lent many Reports came from [4] f. 864. l. 4. The English Affairs in Gascoigny in an ill condition. Gascony, That Reole Castle and several others were taken from the English. The King was startled at this News, and caused Proclamation to be made, and sent his [5] Append. n. 178. Writs into every County, that all men should be Armed and Mustered according to Ancient Custom, and that Watch should be kept in Cities and Towns. About the [6] Paris f. 864. n. 40. middle of April the Gascoigns fell one upon another, invaded each others Castles, made Captives on both sides, burnt and wasted their Houses and Lands. The King being in great straits, had [7] Ibid. n 50 The King reduced to great straits for want of Money. taken Extraordinary Courses to raise Money, no ways agreeable to the people, nor according to use and Custom, and yet wanted a very large Sum for the Expedition he intended into the Holy Land: Thereupon called a [8] f. 865. n. 40. A Parliament called at London. Ibid. n. 50. The Bishops offer the King Money, but upon conditions. Parliament to consult about the Difficult Affairs of the Kingdom, fifteen Days after Easter. (In Quindena Paschae tota Edicto Regio convocata Angliae nobilitas convenit Londini, de arduis Regni negotiis simul cum Rege Tractatura:) The Nobility met accordingly, and he demanded a very great supply of Money from them: After much Controversy, [8] f. 865. n. 40. A Parliament called at London. Ibid. n. 50. The Bishops offer the King Money, but upon conditions. the Archbishop of Canturbury, the Bishops of Carlisle, Salisbury, and the Elect of Winchester, were sent to the King by the Bishops and all the Prelates, to persuade and induce him, (as he had often promised upon Oath) to permit Holy Church to enjoy all her Liberties, and especially those concerning Elections, in which chief (as they said) Ecclesiastic Liberty Consisted, and if he would Correct this Error, and those concerning the Liberties contained in Magna Charta, they would strain hard to satisfy his desires. After [1] f. 866. n. 20, 30. The business of the Cross encouraged. A Tenth of all Church Revenues granted to the King for three years. The Military men grant an Aid of three Marks for that year. fifteen days Debate of this and other things, they came to this Resolution by unanimous agreement, That the King's Intentions of taking upon him the Cross were Pious, and that they should not want their effect; nor should the state of the Church or Kingdom receive Detriment, and therefore the Clergy Granted him the Tenth of all Church Revenues for thr●e years for the Relief of the Holy Land against the Enemies of God, to be Received by the oversight of Great Men. And the Military men gave him for that year three Marks of every Knights Fee. Upon which the King promised in good Faith, and without Cavil, to observe the great Charter and every Article contained 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, contained in the Charter of Liberties, were Excommunicated and Anathematised on the third of May, (the [3] Append. n. 18●. 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 Marshal 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 smoking upon the Ground, and every one wished, That such as Deserved that Sentence might so stink and smoke 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 Tenants to be ready with their Horses and Arms at Portsmouth eight days after Trinity Sunday, with all necessaries to pass the Seas with him; he took up a 1000 Ships of English and Foreign Merchants, and lay Wind-bound above a Month, to his great Expense 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 Bordeaux, 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 bath, and John Mansel his especial Clerc to him, to desire a League and Friendship with him, and that he would yield to Marry his Sister to his Son and Heir Prince Edward, to whom he had given Gascony. His Envoys dispatched this Affair, and with his Favour 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 I●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. julian's day, or the Twenty Seventh of January [3] f. 881. n. 30. A. D. 1254. A Parliament Convened, almost all the Great Men of England were Convened, and there came to that Parliament, (ad Parliamentum venientes) on behalf of the King his three Messengers from Gascony, the Earl Marshal, Roger Bigod, and Gilvert de Segrave to declare his desires to the University of England. There were present Richard Earl of Cornwall, and the Queen, The King's 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 Enemy, and therefore required a powerful assistance from them. What was done upon this Message best appears by the Queens and Earl Richard's Letter to the King to be found in the [4] fol. 189. n. 50. Additaments of Mat. Paris. The Sum of the Queens and Earl Richard's Letters to the King. They wrote they had received his Letters at Christmas 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 Castille 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 Castille invaded that Country; That the Archbishop 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 Honour, if the King of Castille 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 Castille 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 than their suspicions that the King of Castille 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 Archbishop of Canturbury, Shipped themselves at Portsmouth on the 28th of May, and arrived at Bordeaux the last of the same Month. Not long after their Landing, [8] f. 890. n. 20. Prince Edward married to Alienor the King of Spain's Sister. What Settlement the King made upon Prince Edward his Son. Prince Edward was sent in great Pomp to Alphons King of Spain, where when he had Married his Sister Alienor he was Knighted by him: At his Return with his Bride to his Father, he brought with him the King of Spain's Release or Grant of Gascony (before mentioned,) and King Henry forthwith settled upon him and his Wife, Gascony, Ireland, Wales, Bristol, Stamford, and Grantham. And from that time the King began to prepare for his Voyage into England, [9] Ibid. n. 30 The King's expenses in his late Expedition. when upon stating the Account, it appeared his Expenses, in those Expeditions had been Twenty Seven Hundred Thousand Pounds and more, besides the Lands, Wardships and Rents he had given to Strangers, and besides thirty thousand Marks he had given to, and expended upon his Poictovin half Brothers. About this time Master Albert returned to Rome, and [1] f. 892. n. 30. Albert acquainteth the Pope on what conditions Earl Richard would accept the Kingdoms of Sicily and Apulia. The Pope offereth them to Edmund King Henry's Second Son. certified the Pope, That the proposals made to Richard Earl of Cornwall, concerning the Kingdom of Sicily and Apulia, would take Effect. He would not expose himself to uncertain events, requiring of the Pope Security and Pleges for what he should undertake; Money also toward his charge of subduing that Kingdom, and some of his Castles for places of retreat. Upon this Report [2] f. 893. n. 30. the Pope sent private Messengers to King Henry, and offered him that Kingdom to the use of his Son Edmund, who very forwardly embraced the seeming favour, and received it with much satisfaction, and to make way for him, Innocent the 4th had accused [2] f. 893. n. 30. Conrade Son of Frederic the rightful King, of Heresy, Murder, and other great Crimes. To which accusation he gave a very clear [3] Paris Additament. f. 192 n. 50. Answer, yet Died not long after, to the great Joy of the Pope, who presently subdued almost all Apulia: But both Sicilian and Apulian Nobility, rather than be under his Government, set up [4] Paris Hist. f. 893. n. 50. & f. 897. n. 40. Manfred a Natural and Legitimated Son of Frederick, and did Homage, and Swear Allegiance to him. King Henry having made Peace with the King of Spain, and settled Gascony, asked leave of the King of France to [5] Ibid. f. 896. lin. 4. pass through his Kingdom, which was Granted. The King of England [6] Ibid. f. 898. n. 50. & 899, 900, etc. A glorious interview between the Kings of England and France. had with him 1000 brave Horse and Noble Riders, besides Sumpter Horses and other Carriages. There was with him his Queen, and her Sister the Countess of Cornwall, and the King of France with his Queen, and her other Sisters, the Countesses of Anjou and Provence; and the Mother of them all, the old Countess of Provence, met them at Char●res. The interview was Glorious; and from thence they were conducted to Paris, where for Eight Days they remained together in great Splendour, and with mighty Entertainments, after which time the King of France brought him one days Journey toward the Sea. [7] Ibid. f. 901. n. 10, 20, 30, ●0 A. D. 1255. King Henry returneth into England. When the King of England came to Bologn he found the Wind Cross, so as he was forced to stay there on Christmas day, which was Friday; on the Sunday following, the Wind came fair, and he Landed at Dover, where his Brother Richard Earl of Cornwall met him, with many of the Nobility, the Bishops also, and the Abbats and Priors, all making him great and Rich Presents in Gold and Silver; which went toward the Payment of his Debts which were great. Fifteen days after Easter, [8] f. 904. n. 40, 50. All the▪ Nobility of England Assembled at London. The King acquainteth them with his necessities and Debts. Their Answer. all the Nobility of England, as well Ecclesiastics as Seculars met at London, so as there had not been seen before such a Populous Multitude: In Quindena Paschae Convenerunt Lond●ni omnes Nobiles Angliae, tam viri Ecclesiastici quam Seculares, ita quod nunquam tam populosa Multitudo ibi antea visa fuerit Congregata; The King acquainted this great Convention with his Debts, letting them know, without their assistance he could not pay them, and therefore earnestly Requested an Aid sufficient. They were very Querulous, recounting old Grievances, and withal, demanded that the Justiciary, Chancellor and Treasurer might be chosen by the Common Council of the Kingdom, as had been justly and anciently * So says the Mo●k, but neither he nor any of his Brothers, if then demanded, could have given two Instances of the Practice. used (sicut ab antiquo Consuetum & justum,) and likewise that they might not without notorious Faults be removed, but by the Common Consent and Deliberation of the Kingdom, which the King not Granting, [9] Ibid. f. 905. l. 6. They Generally declared to the King, that Business should be deferred until Michaelmass, and the Council was Dissolved. This Summer [1] f. 906. n. 10, 20, 30, 40. Cardinal Octavian defeated by Manfred King of Sicily. Pope Alexander the Fourth, following the steps of his Predecessor Innocent, in prosecuting the Business of Sicily and Apulia, sent Cardinal Octavian with an Army of sixty thousand men to destroy the City of Nocera, and Manfred that was then in it; who upon their approach to it, Marched out with a great Body of men, and utterly Defeated Octavian and the Pope's Army: The News of this Defeat put the Pope into great Disorder and Confusion, seeing the Church had promised the Kingdom of Sicily and Apulia to the King of England (who as all the Writers of this time Report paid this Army) for the use of his Son Edmund, [2] Ibid. n. 40. to whom the Pope had sent a Ring of Investiture, by the Bishop of Bononia, who was then upon his Journey toward England. The King having [3] f. 908. n. 20, 30, 40, 50. & f. 909. n. 10. King Henry goes into Scotland to give remedy to his Daughter's complaints of her hard usage. received many Complaints from his Daughter the Queen of Scots, of her hard usage in that Nation, went to Edinburgh to Visit her; and when he came upon the Borders of Scotland, sent before him Richard Earl of Gloucester, and John Mansel his Clerc, to see how things were, and to inquire and examine, whether the Complaints she made of Robert Ros and John Bailiol (who had been with others appointed Governors of the King, Queen, and Kingdom) were true: At first Robert Ros withdrew himself, but afterwards appeared, and with John Bailiol submitted to a Fine for their Miscarriages: And then the King and Queen being put into such a Condition as they liked, King Henry returned into England. Peter Egeblank Bishop of Hereford, and the Queen's Uncle [4] f. 910. n. 20, 30, 40. Annal. Burton. f. 348. A. D. 1255. Peter Egeblanke Bishop of Hereford his project to supply the King's wants. Paris ut supra, 5. n. 50. observing the King uneasy by reason of his Debts, and for want of Money, had a strange Invention for a supply, with which he acquainted him, and with the King's leave went to Rome toward the end of Summer to perfect his Design, [5] where he found the Pope likewise in Dumps, for the great Debts he had contracted, (which he said the King of England was obliged to Discharge, under the pain of being disinherited) and the ill posture of the Church affairs. He comforted the Pope, with a way he had to help him; and by the assistance of some [5] Cardinal's, by whose advice the Pope pursued the projects of his Predecessor, who could bend him any way, he obtained from him what he pleased. His device was to Forge Obligations from as many Bishops, Abbats, and Priors as he pleased, in the Sum of 500, 600, or 700 Marks or more, [6] Ibid. f. ●11. lin. 1. to this or that Sienna, or Florentine Merchant, or rather Usurer, for Money pretended to be Borrowed of them, which was * Append. n. 181. expended at Rome, about Transacting the affairs of their particular Churches. About the Feast of St. Edward, (the 13th of October) the Bishop of Bononia came to the King, and brought the [7] Ibid. f. 911. n. 50. Edmund the King's Son invested with the Kingdom of Sicily and Apulia. Ring which the Pope sent to his Son Edmund, with which, in a numerous multitude of Great Men, he solemnly Invested him with the Kingdom of Sicily and Apulia, with which (says the Monk) the King was as much pleased, as if he had received the Homages of the Sicilians and Apulians, or had been possessed of their Cities and Castles. About this time Pope Alexander [8] f. 913. n. 20, 30. The Pope sent Rustand a Gascoign into England. sent Master Rustand a Gascoign, a Lawyer, and one of his Subdeacons into England, giving him and the Archbishop of Canturbury power to gather a [9] Append. n. 182. The Powers granted to him and the Archbishop of Canturbury. Tenth in England, Scotland and Ireland; to the use of the Pope or King indifferently, notwithstanding any former Letters, Indulgencies, form of Words, Cause or Thing whatsoever. He also gave them power to absolve the King from his Vow of undertaking the Expedition of the Cross to jerusalem; yet so as he should change it into an Expedition into Apulia against Manfred Enemy to the Church of Rome: and to this he was Sworn by the Bishop of Bononia; and to draw him on, the Pope * Append. n. 183. gave him all Moneys in England, which were to be collected toward the Maintenance of the Expedition to the Holy Land. Upon the Feast of St. Luke (or 18th of October) most of the great men of England were at Westminster; [1] Paris ut supra, n. 40, 50. The King desireth his Brother and Great Men either to grant or lend him money, but could prevail with neither. amongst whom the King first bespoke his Brother Richard, earnestly pressing him to give him an Aid in Money, to whom the Pope also wrote, supplicating him to lend his Brother forty thousand, either Marks or Pounds, (not said what) that he might show a pious Example to others. The Earl was neither moved by the Prayers of the King or Pope, and for that especially he had undertaken an expedition into Apulia, being wheadled by the Whispers of the Italians, without his Advice, or the assent of his Baronage. When he accosted others about the same matter; They answered, That then all had not been Summoned according to the Tenor of their great Charter, and therefore they would then [2] Ibid n. 40. make no Answer, or Grant any Aid without their Peers which were absent. The Parliament (saith the Monk) by many fictitious Delays, (fictis occasionibus) was continued a Month, while the great men had emptied their Purses at London, who then returned home, having done nothing. A. D. 1256. On the fifth Sunday in Lent, the Archbishop of Messina, before the Prelates, Clergy, and Laity, [3] Annal. Burton. f. 372. Convened in a great Multitude, in the Chapter House at Westminster, propounded to them the Business of Sicily, for which he was sent hither by the Pope, and endeavoured by his Letters, and own persuasions, to induce them to undertake the prosecution of it with the King; after some Days Deliberation, the Clergy and Laity drew up their Reasons against it, and delivered them to the King and Archbishop in French and Latin. The Reasons of the Great Men against the King, Rationes [4] Ibid. Reasons of the Great men against the Kings undertaking an expedition into Sicily. Magnatum contra Regem. FIrst, the Distance of that Kingdom from England. Also the passage through the Territories of Potent men that were Enemies to the King. Also the possession of and other places by the Enemy, which were passes to other parts of the Kingdom. Also the Confirmation of a Prince in the Kingdom. Also his Confederation and Amity with the Natives and Neighbours. Also the possession of almost all the Cities, Castles, and Fortresses against him. Also the great Revenue of the Kingdom. Also the great Charge the King had then been at, and had received no advantage, but rather loss. Also the vast and necessary expenses yet to come for the payment of his Debts, the Voyage thither, and the obtaining of the Kingdom, for which all England sufficed not. Also the Destruction and Impoverishing of the Kingdom of England, by many and frequent Iters or Circuits of Justices, and by Extorsions, and many sorts of prizes, and other oppressions. Also the small stock of Money the King and his Son were furnished with for this Attempt, the Poverty of the Inhabitants of England, both Clergy and Laity. Also the Troubles of Gascony, Ireland and Scotland. Also the Incursions of the Welsh. Also the Diminution of the power of the Kingdom of England, in Counsel, Money, and Men, which was like to happen by Richard Earl of Cornwall's leaving of it. Also the King of France, and the Great men of Neighbour Nations, especially such as heretofore had Lands in England, would be encouraged to attempt upon it, if for the Design of Sicily, it was emptied of Men, Arms, Counsel and Money. Also we will not, nor do we agree, That the King take upon him the Burden of this Expedition, lest it may seem he delivered himself into the Hands of his Enemies by our consent. Neither can, or will we undertake the Burden of the said Affair with the King, for the Reason's aforesaid, and for the great Hazard, and vast expenses, which we can never hope to bear or overcome. Also for the difficult and grievous conditions imposed upon the King, upon his acceptance, and first undertaking of this Business, by reason whereof, after infinite Charge and Labour, he may easily be laid aside, or * As holding it in Feud of the Church. fall from the right of that Kingdom. The King's [5] Annal. Burton. f. 374. Demands. WHereas the King by the Common Advice of the whole English Church upon the Grant of the Kingdom of Sicily to his Son Edmund, had obliged himself to the Pope, The King's demands for that Expedition. to pay all past and future Charges of acquiring that Kingdom, he desired that the whole Clergy and Laity (universus Clerus & populus in totum, etc.) would become obliged for the whole, or at least for the interest or penalties for the whole, to which he had bound himself. Also he Demanded of the Clergy, That the Tenths of all their Benefices might be continued for five years, according to the new Taxations, (which was according to the true [6] Append. n. 184. extended value) only necessary expenses deducted. Also he demanded the first years profits of all Benefices that should become void for five years. Also he required half the profits of the Benefices of non-resident. Also he asked the profits of all the Benefices of privileged persons (such as had Sine Cures, or had Dispensations to hold Live without performing service) except one which the privileged person might choose. Also he desired all incertain Legacies, such as were indistinctly given without naming any particular Charity, and left to be disposed of, according to the Discretion of the Priest, Confessor, or Ordinary. Reasons of the Bishops and Clergy against the King's Demands. FIrst [7] Annal. Burton. f. The Bishop's Answers to the King's Demands. the King's Demands cannot take effect, because so great a Sum of Money hath been already unprofitably spent, and utterly lost. Also we were not required to contribute to the payment of that Money from the Beginning, nor are we any ways bound; nor did the King contract or make this Bargain with the Pope, by our Consent either Tacit or Express, yea we knew nothing of it, and therefore we neither will nor aught to be urged to the Consummation of of this Business. Also when we have nothing but the Patrimony of Christ, whose Stewards we are, That which by the Divine Law we are bound to give to the Poor, we cannot give to Kings, unless we may mock God, and convert Ecclesiastic Goods into prohibited uses, which for no reason we will or aught to do. Also the whole Kingdom sufficeth not for such a Burden, although Gold might be made of Dirt, (etiamsi de Luto fabricaretur A●rum) especially since the Kingdom of Sicily is inexpugnable, and inaccessible to our Army; and although we might have stipendiary and hired Soldiers of that Nation, yet their Faith might justly be suspected. Also if the English Militia should be conducted to those parts, with so much Money as was necessary for them, we might fear the neighbour Kingdoms would invade ours, and so both Kingdoms might be lost; that in possession, and that which is desired: Especially when as the King of Romans that is to be (Rex Romanorum futurus) will carry a good part of our Militia with him. Also we see the Inroads of the Welsh, and 'tis most necessary to defend our own Kingdom, rather than to look to obtain another. Also 'tis said there is a Composition between the Church and Manfred, concerning the Kingdom of Sicily, and all that belongs to it, as Public fame relateth and Witnesseth. Yet notwithstanding these Reasons, the Clergy being Canonically admonished by Rustand, they submitted, and firmly [8] Append. n. 186. They at length submit to the King's desires. The Pope claims a great Debt of the King. Hard conditions put upon the King by the Pope. promised to obey the Pope's Commands, which was to do what the King desired, That he might be furnished with Money to pay him what he demanded, as expended in the Reduction of Sicily and Apulia. The Debt the Pope claimed of the King, besides what Money he had received of him, was 135000 Marks principal, and 540 for Interest, to be paid before Michaelmass than next coming, before which time also the King was either to come in person, or send a General with Competent Forces; and the whole Contract, Bargain and Concession were void, nor was he to come or send thither after that time; and yet nevertheless, the King was to be, and remain Excommunicated, and his whole Kingdom put under Ecclesiastic Interdict. The fear of the Execution of which Sentences, had such effect upon the King, as he prayed further time of the Pope for performance of the Contract; And notwithstanding these Discouragements, and the Hard Conditions imposed upon him; he resolved to prosecute this unfortunate undertaking, against the sense of his Council and Nobility: All which matter of Fact is very evident from his [9] Append. n. 185, ●86. Letters to the Pope and some of the Cardinals. According to the Bishop of Hereford's Contrivance of binding Abbeys, Monasteries, Prelates, and Churches to Foreign Merchants before mentioned: The [1] Mat. Paris f. 924. l. 6. A. D. 1256. The Bishop of Hereford's project put in execution by the Pope. Abbot and Convent of St. Alban on Palm-Sunday received Letters from the Pope, to let them know That they were to pay 500 Marks to certain Merchants to whom they were bound in that Sum, within a Month, otherwise they were to understand that after that time they were suspended. This was inserted in the Tenor of the Letters, whereas they did not know they were bound to any man; And after the same manner it was with other Monasteries, that were also thrust under the Yoke of of Merchant-Vsurers; And that the Exactors might more effectually extort the Money, they said it was for the King's use, who was preparing for his Voyage of Peregrination or Pilgrimage, as than they called all Military Expeditions to the Holy-Land. Fifteen days after Easter, [2] Ibid. n. 10 the Bishops in great perplexity met at London to Answer Master Rustand upon * See before the Bishop's resolution. his and the King's Demands, who at first by reason of their disagreement, were about to Break up and Depart; but being encouraged by the Barons, they denied Rustand, and would not contribute any thing to the King from their * See Append. n. 184. Baronies. The Abbot of Westminster, and Master Rustand with the Elect of Salisbury, [3] Mat. Paris f 946. n. 30. & Cl. 40. H. 3. M. 9 intu●. passed beyond Sea upon the King's private affairs in the beginning of June; and the Bishops of [4] Ibid. Bath and Rochester went afterwards for the composing and extirpating secular Discords and Dissensions. In August the [5] f. 930. n. 40, 50. The King and Queen of Scots come into England to visit their Parents. King and Queen of Scots came into England, and gave their Parents a Visit at Woodstock, from thence they came to London with a mighty Train, so as both Courts were constrained to take two different Roads, the whole Country being overspread with the great appearance of Nobility, Gentry, and their Retinues. On the 15th of the same Month when they came to London, their reception was as great as their Retinue, and Expectation, by all Demonstrations of welcome in that City and Westminster. The [6] f. 934. n. 10, 20. The Priors and Convents of Durham and Giseburn opposed the Pope's exaction. Prior and Convent of Durham, and the Prior and Convent of Giseburn, stood out against the Knavish Obligation, and Pope's Suspension, and would not bow their Knees to Baal. (licet omnes fere alii genua Baal incurvarunt) But at last having none to assist them, they submitted to the persecution of the Roman Court, and Merchant Usurers. This year on the 9th of October [7] f. 935. n. 40, 50. Sheriffs of Counties Cited by the King to pay their Rents into the Exchequer. the King came to the Exchequer while the Barons were sitting, and with his own mouth pronounced that every Sheriff that did not appear eight days after Michaelmass, and brought his Money, as well Farm-Rent, as Amerciaments, and other Debts, should be amerced the first day five Marks, the second day ten Marks, the third day fiteen Marks, and the fourth day he was to be grievously Fined if absent, (& quarta sit Redimendus si absens fuerit.) And the King pronounced the same thing against Cities that had Liberties, And also bailiffs of Cities. and answered at the Chequer by their own Bailiffs: So as the fourth day they were to lose their Liberties, if they appeared not as the Sheriffs were bound to appear. And all the Sheriffs of England were Amercied each five Marks, All that had ten pounds by the year forced to be Knighted. because they did not Distrein every one that had ten pounds a year in their several Counties, to come to the King and be Knighted; but they obtained Respite of the King according to his Writs to them Directed. The B●shop of Ely being Dead, [8] f. 936. l. 1. Henry de Wengham recommended by the King to be Bishop of Ely. The Convent refuse him, and choose Hugh Balesham. the King by his Letters recommended Henry de Weingham the Keeper of his Seal, to the Election of that Convent, and sent special Messengers to that purpose. The Convent complied not with the King's Request, but chose Hugo de Balesham their Prior, Bishop. The King would not accept him, and caused John Waleran, to whom he had committed the Custody of the Bishopric, to cut down the Woods, and Sell the Stock upon their Lands. The Exactors or Usurers being [9] Ibid. n. 10. The Church of St. Alban interdicted. severe upon the Church of St. Alban, about the Feast of Simon and Judas; (the 28th of October) it was under Interdict fifteen days, not that it wanted great privileges, but that the Detestable Addition of (non obstan●e) annulled the pious Concessions and Authority of all the Holy Fathers: Therefore the Convent rather chose to comply with an injust and violent Sentence, than be Guilty of Contempt. The [1] Ibid. f. 937. l. 4. The Welsh take Arms and invade the English borders. Welsh having been injuriously used, and the Government of their Country Sold to such as would give most for it; and at length oppressed above measure, by Geoffrey de Langley Knight, the King's Exactor and Assessor of Taxes, about the Feast of All Saints took Arms for the Defence of their Country and Laws, and invaded the English Borders or Marches, and destroyed the Tenants of Prince Edward, whom as yet they had not acknowleged to be their Lord. He borrowed 4000 Marks of his Uncle Richard, that he might raise such a Force as to repress their incursions, and enter their Country to make Reprisals, but the whole Winter was so wet and Stormy, and the places whether the Welsh had retired so Boggy and impassable, that the English could not attempt them, so that this Expedition proved ineffectual, and the Prince's Expenses in vain. About this Time [2] Ibid. n. 40 The King's kindness to his Brothers. the King commanded the Chancellor that he should not Issue any Writs which might be prejudicial to his Brother Richard, or to Richard Earl of Gloucester, Peter of Savoy, or any other of his Brothers, which, says the Monk, was manifestly contrary to the Law and Peace of the Kingdom. Quod manifestè patet esse omni Juri & paci Regni contradictorium. The [3] n. 40, 50. Several ways made use of by the King to raise money. King at the same time being necessitated for Money, forced such as he thought fit, to be made Knights, or Fine to be excused; he also caused all such as neglected their Suits to Courts, to be severely Amercied, and Taxed all Lands that held in Serjeanty. He also caused Inquiry to be made into Liquid Measures of Wine and Ale, and dry measures of Grain, as Gallons and Bushels, and also into Weights, and grievously punished those whose Measures and Weights answered not the Standard; by which means he raised much Money, but lessened the Affections both of Clergy and Laity towards him. Yet this course could not preserve him from extreme poverty, for he had [4] Ibid. f. 938. lin. 1. etc. The King's great Debts. borrowed so much Money of the Pope's Merchant-Vsurers, for the promotion of his Son Edmund to the Kingdom of Sicily, That the Interest and Penalties for nonpayment of it, amounted to an hundred pounds a day. At Christmas [5] Ibid. f. 939. n. 50. Earl Richard elected King of the Romans. in the year 1257. The King was at London, A. D. 1257. where came to him several of the Great Men of Germany, who Declared, That Richard Earl of Cornwall was rightfully chosen, by unanimous Consent, King of Almain, or of the Romans. Fifteen days [6] Annal. Burton. f. 376. after Easter, the King held a Parliament at Westminster, to Treat of the * The same with that of Sicily. Business of Apulia, in which the Archbishop of Messina was present, and then and there the King received the same Answer from the Clergy and Laity, he had the year before. From this Parliament Earl Richard went towards Germany. He was at [7] Ibid. & f. 377. He goeth to Germany, and is Crowned King at Aken. Yarmouth, and took Ship there, with all his Retinue, on the Sunday after St. Mark; and upon Tuesday following, being the first of May, he landed at Dort, from whence on Ascension-day, he came to Aken, and on the same day was Crowned King, and his Countess Queen▪ of the Romans, with great splendour, in the presence of the Arch-Bishops of Colon, Ments, and many Earls, Barons, and Noblemen, and was placed in the Seat of Charles the Great, with the usual Solemnity. It is reported by [8] f. 942. n. 10. The Great Riches and Treasure of Richard King of the Romans. Mat. Paris, That this King and Earls Treasure was so great, that he could spend an hundred Marks every day for Ten years together, not accounting the Revenues he received from England and Germany. The Welsh [9] Ibid f. 949. n. 50. The Welsh ravage and destroy the English Borders. this year plundered and burnt the English borders, and killed the Inhabitants, notwithstanding the assistance of the Earl of Gloucester, and remained triumphant in those parts. [1] Ibid. f. 951. n. 56. The King raiseth all his Military Service to repress them. About the Feast of St. Mary Magdalene, or 22 of July, the King marched into Wales, with his whole Military Service, which he had summoned by his Writ, to repress their incursions; who having notice of his coming, fled to the Mountains, and inaccessible places, carrying with them their Wives and Children, and driving their Cattle thither, they Ploughed up their Meadows, destroyed their Mills, broke down their Bridges, and digged great and deep pits in their Fords, to make them unpassable; and at length confederating with those of [2] Ibid. f. 953. n. 40, 50. Part of the Army ba●led. South-Wales, by the treachery of Griffin de Brun (who was a Welshman that served the King) made an Assault upon part of the King's Army, and Baffled it. The King, with the residue of his Military Men, making a great Army, marched towards [3] Ibid. f 954. n. 30, 40. The Welsh offer to submit upon Terms, but are refused. Chester, and burned all the Corn in the borders thereabouts. The Welsh offer to submit, so as they might enjoy their Laws and ancient Liberties, and not be subject to Prince Edward, or any but the King himself, who refused the Terms; and towards [4] Ibid. f. 955. n. 40. Winter made a shameful Retreat into England, having spent much Treasure, and done nothing. About [5] Ibid. f. 956. lin. 1. The Elects of Ely and St. Edmunds-Bury return from Rome. Michaelmass this year, the Elects of Ely and St. Edmunds-Bury returned from Rome, where they had spent, given, and promised vast sums of Money for obtaining their Rights, by which the Historian (I suppose) means their Confirmations. Electus Eliensis & Electus Ecclesiae Sancti Edmundi, Tantam pecuniam in Curia Romana dando & promittendo effuderunt pro jure suo obtinendo, ut in considerando Thesauri Quantitatem, poterunt prudentes admirari, & cum admiratione Stuporem excitare. And then it was that a new Law was made at Rome, That every Elect, whether Bishop, Abbat, or Prior should come thither and compound for this Confirmation. Ecce [6] Ibid. l. 6. Statutum Romae cruentissimum quo oportet Quemlibet Electum personaliter transalpinare, & in suam laesionem, imo Eversionem, Romanorum loculos impraegnare. Soon after [7] Ibid. f. 958. n. 20. that time the Bishop of Worcester, the Elect of Winchester, the Abbot of Westminster, the Earl of Leicester, Earl Hugh Bigod, the Marshal Peter of Savoy, and Robert Waleran, were sent to the King of France to demand the Restitution of King Henry 's Rights in Normandy, King Henry's Rights in Normandy and France demanded. and the other parts of France, but returned without success. A. D. 1258. In the year 1258. and Forty second of Henry III, he kept a magnificent Christmas at [8] Mat. Paris. f. 959. lin. 5. The Bishop of Ely, and Abbot of Bury Confirmed by the Pope. London: and about that time, notwithstanding all the Interest the King and Archbishop could make at Rome, The Bishop of Ely, and Abbot of Saint Edmunds-Bury returned from thence Confirmed. So as (saith the Monk) the King using ill advice every day, lost somewhat of his Royal Dignity, and studied how to damnify the Church. The [9] Ibid. n. 30. Noblemen sent by the King to the King of France, to Demand Normandy and his other Rights in that Kingdom, were civilly received by himself; but his Brothers and other Great Men much opposed them, so as they returned as they went, on the 6 th'. of January, or Twelfth-day. About this time, [1] Ibid. n. 50. The Welsh destroy some of Prince Edward's Towns. the Welsh despairing of Peace, and distrusting the King's Mercy, seized some good Towns of Prince Edward's, and other Great men's in the borders of Wales, and plundered them, and afterwards burnt them, and killed all the People. It was about this [2] f. 960. n. 30. The Pope is angry with the King for his Excesses. time also, that the Pope was in great passion with the King, because he observed not his repeated Promises, when he had bound himself (saith the Monk) under pain of losing his Kingdom to correct his Excesses: and at the instance of Laurence Bishop of Rochester, and many others, He propounded after many fruitless Admonitions to Excommunicate him, He threatens to proceed to Ecclesiastic Censures, but is appeased. Interdict his Kingdom, and proceed further as he should see cause. The King in great Confusion sent him Five thousand Marks to bring him into temper, and put off the Sentence for a time, with which, and the King's earnest Petitions he was satisfied. In Mid-lent [3] Ibid. n 40 Rustand accused and removed from his Dignity and power. Master Rustand returned from Rome, Deprived of his former Authority, having been accused by some of his Rivals, That he was too Rapacious, and had (laying aside the fear of God) gained many great Rents and Estates. And that he might obtain the King's favour in acquiring of them, he affirmed he was born at Bordeaux, and promised, as the King's Liege and Natural Subject, effectually to procure the Dominion of the Kingdom of Apulia, and transact other Business for him at the Court of Rome, and otherwhere; with such flattering Promises he circumvented the easy King (Regis simplicitatem circumveniens), so as he was endowed with great Revenues; yet was sent for to Rome, and severely chidden by the Pope, being hardly restored to his former Favour; however, he was removed from the Dignity and Power he had enjoyed. Soon after, or before his departure in the week before Easter, Master [4] Ibid. n. 50. Herlot the Pope's Notary comes into England with great power. Herlot, or Arlot, the Pope's Notary, and special Clerc, came with great pomp into England, furnished with great power, who though he was not styled a Legate, yet wanted not his greatness. On the 14 th' of March, King Henry [5] Cl. 42. Hen. 3. M. 11. Dor. Summoned all that ought him Service, both Clergy and Laity, to meet him at Chester eight days before Midsummer, to march into Wales against Lewelin the Son of Griffin, and his Accomplices, who had seized on, All that aught the King service, summoned to meet at Chester to repress the Welsh. and wasted many of his Lands, and the Lands of his Son Edward, and other his Liege Subjects, against the Homage and Fealty they had sworn to him. The Welsh made these incursions at this time upon [6] Paris f. 963. n. 30. What moved the Welsh to Rebel at this time. Confidence the King would be diverted by the Scots: For whereas, that King upon Marriage with King Henry's Daughter, had put himself and Kingdom [7] Cl. 42. Hen. 3. M. 11. Dor. under his Protection and Government, until he should be of lawful age; Some of his Rebels took him from the Counsellors and Curators King Henry had set over him, and detained him against his Will: For repressing of this Insolency and Rebellion, the King issued out [8] Ibid. & M 10. Summons on the 17 th' of January before, to all his Military Tenants of the North, especially those of Yorkshire, Cumberland, and Northumberland, to march with Horse and Arms, and all their Force into Scotland, with such as he should send to them. After [9] Paris ut supra n. 40. A Parliament called at London. The King's demands rejected by the Great men. Hoke Tuesday (That is Tuesday fortnight after Easter-Tuesday) a Parliament was convened at London, Post diem Martis, quae vulgariter Hoke-Daie appellatur factum est Parlamentum Londini, wherein the King pressed with the Affairs of the Kingdom of Apulia, (concerning which, Master Herlot was sent to urge him to a direct and positive Answer) Demanded a very great Sum of Money which the Pope had upon his Request obliged himself to pay to the Merchants. The Great [1] Ibid. f. 965. n. 50. Men stiffly denied to assist him with Money. And in this [2] Ibid. f. 968. n. 10, 20. The Baron's complaints against the King. Parliament there arose great Heats and Contentions between the King and Barons, who made great complaints against him, That he nighted the Keys and Power of the Church, and did not observe the Tenor of his Great Charter; That he had raised to Dignities and Riches his half Brothers, against Law and Right, as if they had been the Natural People of the Land, and would not su●●er any Writ to issue out of Chancery against them; That although the pride of his Brothers and other Poictovins were intolerable, Montfort appeals to the University, and upbraideth the King. yet William de Valentia exceeded them all. Simon Montfort Earl of Leycester making his advantage upon these Debates and Wranglings, complained very hearty not to the King but to the University, calling for Justice; And up- braided the King that he promoted and enriched Strangers, and despised and wasted his own People, to the Subversion of the whole Kingdom, by which means he became unable to Repel the injuries of the inconsiderable Welsh. These Heats and Wranglings [3] Ibid. n. 20. The Parliament Adjourned to Oxford. continued until the Sunday after (a) This year 1258. and 42 of Hen. III. Easter-Day was March 24. and Hock-Tuesday was April 10. Ascension-Day was May 2. Whitsun Tuesday May 14. So that St. Barnaby's Day, or 11th of June was just Twenty eight days after that, upon which the Parliament was to meet at Oxford by Adjournment. Ascension-day, when the Parliament was adjourned unto St. Barnaby's-day, to be holden at Oxford; but before the Adjournment upon Ascension-day, or Second of May, the Barons promised [4] Append. n. 188. The Baron's Proposals to the King. That if he would reform the state of the Kingdom, according to their Advice, and that the Pope would make the conditions about the affair of Sicily * The same with that of Apu●ia. The King yieldeth to them. more easy, so as it might be prosecuted with effect, They would then endeavour to procure him a Common Aid, or Tax for that purpose. And the King agreed, That before Christmas next coming, the State of the Kingdom should be ordered by them and the Pope's Legate, if in England. And for the performance of what should be ordained, he put himself under the Pope's Power, so as he might compel him to it which way he pleased by Ecclesiastic Censure, and caused his Son Edward to Swear, That he would observe and keep what he had Granted. Moreover, he [5] Append. n. 189. What the King Granted to the Barons. Granted at the same time to the Barons, That the State of the Kingdom should be rectified and reform, by Twelve faithful persons of his Council then chosen, and Twelve others to be chosen by the Barons, who should meet at Oxford a Month after Whitsunday next coming, as they should think fit, to the Honour of God, and Profit of the Kingdom. And promised inviolably to observe whatsoever should be ordained by them, 24, or the greatest part of them, under such Security as they should Direct; and caused his Son Edward to Swear, he would inviolably observe the same things; whereupon the Earls and Barons promised to endeavour, that the Community of the Kingdom should Grant a Tax to him. These Twenty Four had [6] Append. n. 190. power to choose four that were to choose the King's Council, which was to redress and amend all matters appertaining to the King and his Kingdom, and this Council or the greater part of it was to choose one or more in the place of such as should make Default, etc. Barnaby Day approaching, [7] Paris f. 970. n. 40, 50. The Great men come Armed and Guarded to the Parliament at Oxford. the Great Men and Nobles of the Land hastened to the Parliament then to be holden at Oxford, and commanded all such as ought them Military Service to accompany them, so prepared, as if they were to defend their Bodies from the attempts of their Enemies; And they did so, (Quod & fecerunt) palliating their coming thus armed, under pretence of going against the King's Enemies the Welsh. But fearing, as they pretended an Intestine War, and that the King and his Brothers the Poictovins should bring in Foreign Troops against them, and therefore they caused the [8] Ibid. f. 971. n. 10. Ports to be strictly Guarded. The chief Transactions of this Parliament were these following, First the Election of the 24 according to the Kings Grant, who were to amend and reform what they should think amiss in the Kingdom. The twelve [9] Annal. Burton. f. 412. chosen by the King were The Bishop of London. The Elect of Winchester. Henry Son to the King of Almaign. John Earl of Warren. Guido de Lusignan the King's half-Brother. William de Valentia the King's half-Brother. John Earl of Warwic. John Mansel. Friar J. de Derlington. The Abbot of Westminster. Henry de Wengham Dean of St. Martin's London. The Twelfth not mentioned, Q. whether not the Archbishop of Canturbury, Peter of Savoy, or James Audley. The twelve chosen by the Earls and Barons were The Bishop of Worcester. Simon Earl of Leicester. Richard Earl of Gloucester. Humfrid Earl of Hereford. Roger Earl of Norfolk and Mareschal. Roger Mortimer. John Fitz-Jeofry. Hugh Bigod Brother to the Marshal. Richard de Grace. William Bardolfe. Peter Montfort. Hugh D'espenser. These Twenty Four [1] Ibid. f. 414. chose Four of their own Number, who named the King's Council, and were these, The Earl of Warwic. John Mansel. Earl Roger the Marshal, Hugh Bigod his Brother. These Four named the Kings [2] Council, in Number Fifteen, who were these, The Archbishop of Canturbury. The Bishop of Worcester. The Earl of Leicester. The Earl of Gloucester. Earl Marshal, Comes Mareschallus. Peter of Savoy Earl of Richmond. The Earl of Albemarle. The Earl of Warwic. The Earl of Hereford. John Mansel. John Fitz-Geofry. Peter Montfort. Richard de Grace. Roger Mortimer. James de Aldithlege or Audley. The Great men or Twenty Four [3] Paris f. 970. n. 50. What the Great men or 24 required of the King. Require the King's Confirmation of the Charter Granted by King John his Father. Secondly, They [4] Ibid. f. 971. lin. 2. Require such a Justiciary, as would do Justice to such as suffered wrong as well to the poor as Rich. Thirdly, That they should [5] Mat. West. f. 391. lin. 8. choose the Justices, Chancellors, Treasurers, and other Officers and Ministers from year to year for ever. Fourthly, That [6] Ibid. l. 9 they themselves or friends should have the Custody of the King's Castles. Fifthly, By [7] Ibid. n. 10. Edict they made it Capital for any of what degree or order soever to Refuse to Consent to these things, and against such the Arch-Bishops and Bishops also pronounced Excommunication. They ordain three Parlements to be held every year. The Twenty Four ordained there should be three Parlements in a year, and when and how they should be holden, which order I find drawn up in these words, I'll [8] Annal. Burton. f. 415. fet a remember Ke les xxiv unt ordene Ke treies' Parlemenz saint par an, le premerem as utaves de Sein Michael; le second le Demein de la Chandelur, le terz le premer jor de June, Ceo est a Saviour treis' semeines devant le saint John. A ces treis' Parlemenz vendrunt les Cunseilers le Rei es●uz tut ne scient il paz Mandez purver le Estate del Reaume, & pur treter les communs Bosoignes del Reaume, quant Mester Serra per le Mandement le Rei. That is, Be it Remembered, That the Twenty Four have ordained there may or shall be three Parlements in a year; When the Parlements were to be holden. The first on the Octaves or eight days after St. Michael; The second on the Morrow after Candlemass day; The third on the first day of June, that is to wit, three Weeks before St. John. To these three Parlements shall come all the chosen Counsellors of the King, though they be not * i e. Whether they had particular Summons, or not. sent to, to provide for the State of the Realm, and to Treat of the common Business of the Realm, when need shall be, by the command of the King, or by his Summons. The Commons then, or Community, The Community choose twelve to represent them in the Parlements. chose twelve persons to Represent them in these Parlements, etc. to save the Charges of the Community. The Entry or Record (as I may so call it) of which Elections was in these words. Si fet a [9] Ibid. f. 416 remembrer Ke le Commun Eslise xii prodes homes Ke vendrunt as Parlemenz & autre * for fois. fez Quant Mester Serra, Quant Rei u sun Cunseil les Mandera pur treter de Bosoignes le Rei & del Reaume. E Ke le Commun tendra pur Estable * Instead of ce qu●. cer Ke ces xii frunt. E ceo sirrah fet pur Espanier le Cust del Commun, That is, Be it remembered, That the Commons or Community have chosen twelve wise men, to come to Parlements, and at other times, when there shall be need, when the King or his Council shall command or send to them, to treat of the Business of the King and Realm, and that the Commons or Community will hold for established, what the twelve shall do, and this shall be done to spare the cost or charges of the Commons or Community, which twelve prodes ●omes, provi homines, or viri prudentes, which the Reader pleaseth, were these underwritten, and entered according to this Form. Ces sunt les [1] Ibid. f. 414. Duze Ke sunt Es●u par les Baruns a treter a treis' Parlemenz per an, oveke le Cunseil le Rei pur tut le Commun de la tere de Commun Bosoine, That is, These are the twelve which are chosen by the Barons, to treat in the three * Note, these twelve and the King's Council, were only to be present in these Parlements. Parlements in a year, with the King's Council, for all the Commons, or whole Community of the Land, upon Commune Business, which twelve here do follow, as in the [2] Ibid. Who the Twelve were. Annals of the Monastery of Burton. The Bishop of London. The Earl of Winchester. The Earl of Hereford. Philip Basset. John de Bailol. John de Verdun. John de Grace. Roger de Sumery. Roger de Montalt. Hugh D'espenser. Thomas de Grestey. Aegidius de Argenten. These were all Barons and great Tenants in Capite, not one Commoner, as now reputed, amongst them. Not one Commoner among the Twelve. Many other provisions and ordinances were made in this Parliament, about Feudal Tenors, about Custody of Wards, Marriages and Escheates, about Suits to the King's Courts before Justices Itinerant, What other Ordinances and provisions were made in this Parliament. County Courts, Hundred Courts, Sheriffs Turns, Writs of Right, Wast of Estates in Custody, Taking of Distresses, etc. all in abatement of the Rigour of the Feudal Law, and for their own Ease and Benefit, which are to be found in the Annals last cited, f. 428. and most of them in the Close Roll 44. Hen. 3. M. 17. Dor. and in the Patent Roll 47. of the same King M. 14. in Schedula Dor. All these provisions and Ordinances made in eleven days. All this was done, and Commissions for the Governors of the King's Castles were issued in eleven days time, as appears by the the Records in the [3] n. 191, 192, 193. Appendix that bear Date June 22d, and are worth noting. Twenty four chosen to treat of an Aid for the King. There were also appointed at this meeting by the Community Twenty four persons to treat of an Aid for the King, which choice is thus to be found in the same [6] f. 414. Annals, save only the Names of the 24 are rendered in English. Ces sunt les vint & quatre, Ke sunt mis per le Commun a Treter de Aid de Rei. The Bishop of Worcester. The Bishop of London. The Bishop of Salisbury. The Earl of Leicester. The Earl of Gloucester. The Earl Marescal. Peter of Savoy. The Earl of Hereford. The Earl of Albemarle. The Earl of Winchester. The Earl of Oxford. John Fitz-Geofry. John de Grace. John de Bailol. Roger Mortimer. Roger de Montalt. Roger de Sumery. Peter Montfort. Thomas de Greley. Fulco de Kerdiston. Aegidius de Argenton. John Kyriel. Philip Basset. Aegidius de Erdington. All Barons or Knights and great Tenants in Capite, not one such Commoner, as in these times amongst them. But instead of Granting or providing an Aid for the King, when their own Turn was served, The Barons [7] Paris f. 971. n. 20, 30, 40, 50. A. D. 1258. The Baron's quarrel with the King about his half Brothers and other Strangers. They oppose the Provisions and are forced to leave Oxford, and the Realm. Quarrelled with him about his four half Brothers, Ademar or Athelmar Elect of Winchester, Guy de Lezignan, Geofry de Lezignan, and William de Valentia, his Son Edward, John Earl of Warren, and Henry his Nephew Son to the King of Almaign, who Boggled at, and Refused at that time to Swear and give their Consent to the provisions, and fell into great Heats against the Poictovins and other Strangers; Insomuch as they forced the King's Brothers from Oxford, who (as Mat. Westminster [8] f. 391. n. 10. The Barons choose Hugh Bigod Justiciary. says) in the beginning Resisted the Rebellious Faction. The Barons no sooner heard of their Flight, but they chose Hugh Bigod their Justiciary, and Summoned all their Followers to attend them, and with Horse and Arms to pursue them, which was done so Swiftly, and by such numbers, as the Parliament was thereby dispersed and broken up, and never left pursuing and menacing of them, until they quitted the Kingdom, who for their security in their passage beyond Sea, obtained the King's [9] Append. n. safe Conduct, (which bears Date July 5th) and had Humphrey de Bohun Earl of Hereford and Essex, John Earl Warren, William de Fortibus Earl of Albemarle, and other Nobles assigned to Guard them. The Oath of Confederacy or Association, which the Community of England entered into at this meeting at Oxford, we find transmitted to posterity in the same [1] f. 413. Annals, with this Title, and in this Form, Ceo jura Commun de Engleterre a Oxford. Nus tells et tels fesum a saver a tute genz, The Oath of Confederacy taken by the Comunity at Oxford. Ke nus avum jure sur Seintes Evangeles, e sumus tenu ensemble par tel serment, e promettuns en bone fei, Ke chescun de nus e tuz ensemble nus Entre Eiderums, e nus, e les nos Cuntre tute genz, Dreit fesant e rens pernant, Ke nus ne purrum sanz Mesfere, Salve a * Fei le Rei, was that Faith and Obedience they had Sworn to him, when they did their Homage and Fealty. fei le Rei, e de le Corune. E premet●uns sur meime le serment, Ke Nus de Nus ren ne prendre de Tere, ne de Moeble par Que cest serment purra estre Desturbe, u en Nule ren Empire. E si nul fet en country ceo, nus le tendrums a Enemy Mortel. This the Community of England did swear at Oxford. We Such and Such, make it known to all People, That we have Sworn upon the Holy Gospels, and that we are obliged, or bound together by that Oath, and we promise in Good Faith, That every one of us, and all together shall Aid one another; And that we will do Right to our Selves and Ours against all Men, taking nothing therefore, which cannot be done without Misdoing, Saving the Faith we own to the King and the Crown. And we promise upon the same Oath, That we will not take any thing from one another, either Land or Movable (i. e. Goods) whereby this Oath may be disturbed, or any ways impaired. And if any Man shall do contrary hereunto, we will hold him for our Mortal Enemy. In the same place is to be found the Oath of the Twenty four. Ceo est le Serment a Vint e Quatre. Chescun jura sur saints Evangeles, Ke i'll all honour de Deu, The Oath of the Twenty four. e all a fei le Rei e all profit del Reaume, Ordenera e tretera Ovekes les avant dit jures sur le Refurmement e le amendment del Estar del Reaume. E Ke ne lerra pur dun, ne pur premesse, pur amur, ne pur hange, ne pur pour de nulli, ne pur Gain, ne pur pierce, Ke leaument ne face solum lafoy tenur de la Letire Ke le Rei ad sur ceo Done e sun * For fei. fez ensement. That is, This is the Oath of the Twenty four. Every one Swear upon the Holy Gospels, That to the Honour of God, and by keeping their Faith to the King, and to the profit of the Realm, He would Ordain and Treat with those that had Sworn before (That is, the Comunity▪) about the Reformation and Amendment of the State of the Kingdom. And that he would not desist from that Work, for any Gift, Promise, Love, or Hate, nor for the Power of any Man; nor for Gain, or Loss; but that he would Loyally (that is faithfully or justly) do according to the Tenor of the King's * See Append. n. 189. Letter, which he had granted, and also made. There also is to be found the Oath, at that time, Given to the Chief Justice of England. Ceo Jura Le haute Justice de Engleterre. I● jure Ke ben et leaument a sun poer fra ceo Ke apent a la Iustierie de Dreiture tenir a tute genz all prou le Rei e del Reaume solum le purveyance feet et a fere par les vint et Quatre, et par le Cunseil le Rei e les Hauz Humes de la tere, Ke li jurrunt en cestes choses a aider e a Menteinir, That is, This the High Justice of England did, or shall Swear. The Oath of the Chief Justice. He Swears, or Swore, That Well and Loyally to his Power, he would do what appertained to his Office of Justice, and do Right to all Men. To the advantage and good of the King and Kingdom, according to the Provisions made, and to be made by the Twenty four, and by the Council of the King, and the Great Men of the Land, who had sworn to Aid and Maintain him in these things. With these is to be found the Oath of the Chancellor of England. Ceo jura le Chanceler de Engleterre. Ke il ne Enselera nul bref for'rs Bref de Curs sanz le Mandement, le Rei et de sun Cunseil Ke serra present. Ne Enseler Dun de grant Garde ne de Grant * The Word here wanting, I suppose to be Marriage. ...... ne de Eschaetes sanz le assentement del Grant Cunseil u de la greinure party. Ne Ke il ne enselera ren Ke seit en Contre le Ordinement Ke est fet, et serra a fere par les Vint et Quatre u par la greinure party. Ne Ke il ne prendra nul Loer autrement Ke il nest divise as autres. E lem li baudra un Companiun en la furme Ke la Cunseil purverra. That is, This the Chancellor of England did Swear. That he should Seal no Writs without the Command of the King and his Council, that shall be presentt, except Writs of The Oath of the Chancellor of England. Course, nor should Seal the Gift or Grant of a Great Ward, or Great ...... or of Escheats without the assent of the Great Council, or the greater part of them. Nor that he should Seal any thing which was contrary to the Ordinances then made, or to be made by the Twenty four, or the greater part of them. Nor that he should take any Reward, but what had been given to others. And that if he took to him an assistant or Deputy, it should be according to a form provided by the Council. When by their Ordinances, and having procured their Friends to be made Governors of all the King's Castles and Places of strength, in the Nation, and having also provided themselves of a Justiciary, and Chancellor for their purpose, and bound them by Oath to act according to their Dictates, They then (if any credit may by given to [2] f. 391. n. 20. The Baron's Practices▪ to enrich themselves and Relations. Math. Westminster) held continual Parlements, took to themselves the Escheats and Wards, and gave to their Sons and Relations all Churches in the Patronage of the King. And when they had driven the King's Brothers out of the Kingdom, the Baronage, or [3] Paris f. 978. n. 10. & lib. Additament. f. 215. n. 30▪ 40. A. D. 1●58. Comunity of England, sent Letters to the Pope to excuse themselves, which were [4] Append n. 195. Their Letter to the Pope to excuse themselves. to this effect. That altho' he had lately sent Mr. Herlot, or Arlot his Sub-Deacon and Notary, who admonished, and induced them to assist the King in the prosecution of the Affair of Sicily, which he had undertaken without their Advice and Consent, and against their Wills. Yet, out of Reverence to him and the Holy See, they thought fit to Answer, That if by their Advice he would Reform the Kingdom, and he would mitigate the Conditions contained in his Bull, of the Grant of Sicily; Then according to the Terms of the Reformation, and his Mitigation, they would effectually help him. But when the King had consented to choose Twelve, and that they should choose Twelve others, by whom the Reformation of the Nation was to be made; He named Adomar the Elect of Winchester, and his Brothers, in the number of his Twelve; And that they, but more especially the Elect, dissuaded the King from consenting to their Ordinances, and encouraged Prince Edward, and some of the Nobility to oppose them, so as they delayed the Reformation. And they also signified to the Pope, That their Offences were so great, as the Cry of the Poor ascended to Heaven against them, That their Ministers and Officers were rather to be called Thiefs and Ruffians, who preyed upon the Poor, ensnared the Simple, moved the Wicked, oppressed the Innocent, triumphed in the worst Actions, and rejoiced when they had done ill; They therefore considering, A Commonwealth was a certain Body that grew up by Divine Beneficence, and that it was not Expedient, there should be clashing amongst the Members of the same Body, made the King call the said Elect and his Brothers, as Perturbers of the public Peace, to Answer their Accusers according to the Laws and Customs of the Kingdom. Yet so, as if they desired it, they might have leave to departed, who rather than they would stand to, or undergo the rigour of Justice, went out of the Nation; And they Declare their intention to hinder the Elect from returning again, who they said, was the chief cause of their Disturbance, and would certainly undo, what they had had taken so much pains to do, by Infatuating the King and his Son Edward if he came again. And at length, heaping more Crimes upon him, As that he damnably violated the Liberties of the Church, imprisoned Men, and wounded Clercs, to the prejudice of the Crown, which had the sole power of imprisoning; They beseech his Holiness wholly to remove him from the Administration of the Church of Winchester, by the Fullness of his Power (he having received it by the Munificence of the Apostolic See) lest worse things might happen, and they his most Devoted Supplicants be forced to do it otherwise; and told him for certain, That though the King and greater Men of the Kingdom, were willing he should return, yet the Comunity would in no wise permit his Entrance: And that he might be removed without scandal, seeing he was not Consecrated Bishop. To these Letters Eleven Persons put to their Seals, and witnessed them on behalf, and in the stead of the whole Comunity. Eleven Persons put their Seals to this Letter. Of these Eleven, Eight were of the number of the Twenty four Reformers, viz. Richard of Clare Earl of Gloucester and Hertford. Simon Montfort Earl of Leicester. Roger Bigod Marescal of England. Humphrey Bohun Earl of Hereford and Essex. John de Placeto Earl of Warwick. Hugh Bigod Justiciary of England. John Fitz-Geofry. Peter Montfort. The other Three were of the Number of the Fifteen of the King's Council, chosen by Four of the Twenty four, viz. William de Fortibus Earl of Albemarl. Peter of Savoy Earl of R●chmond. James Aldithley, or Audeley. The Great Men [5] Paris. Additam. f. 217. n. 30, 40, 50. Four Knights sent to the Pope with this Letter from the Great Men. fearing lest the Elect of Winchester should make haste to Rome, and by the promise of a great sum of Money to the Pope and Cardinals, procure his Consecration, That so he might more effectually hurt them; sent Four Skilful, Eloquent Knights, Men of Worth and Credit, to present this Epistle to the Pope, and whole Roman Court; with further instructions, to Calumniate the King's Brothers. Who when they had fully Declared the cause of their Errand to the Pope, they added other Offences, and great Wickednesses the Elect and the others had committed, That is to say, Their complaints against the King's Half Brothers. Homicide, or Murder, Rapine, Oppressions, and Injuries; and that the King would not restrain their violence. Nor did they omit to tell the Pope of one great injury they did to Mr. Eustace of Len, the Archbishop of Canturbury's Official, for which all present, when it was done, were Excommunicated, through all the Province of Canturbury, and at Oxford before the * That is, the University of Barons. University; and they further told the Pope, That one of the Brothers, Geofry of Lesignan, Roasted the King's Cook, and Tortured him to death, with studied Torments. After these things [6] Paris f. 974. lin. 1. on the Feast of St. Mary Magdalen (that is July 22.) they sent their Agent to London, who in full meeting of the Citizens in the Guild-Hall, Demanded of them, Whether they would immutably adhere unto, and faithfully obey the Statutes of the Barons, The Citizens of London confederate with the Barons. and Manfully resist such as should oppose them, and likewise give them effectual assistance; Whereunto they freely consented, and bound themselves, by a Chart Sealed with the Common Seal of the City. About the [7] Ibid f. ●76. n. 40. Herlot the Pope's Notary retires. Feast of the Assumption of the Glorious Virgin (That is August 15.) Herlot, the Pope's Clerc, Special Counsellor, and Notary, when he saw the Broils and Disturbances in the Nation, privately and prudently withdrew himself, while the Storm should be over. It had been [8] Append. 195 All Grievances were to be inquired into by four Knights of every County. agreed in this Parliament held at Oxford, That all Excesses, Transgressions, and Injuries done or committed, as well by Justices, Sheriffs, Bailiffs, and other persons in the Kingdom, should be inquired into by four Knights in every County by Jury or Juries to be summoned by the Sheriffs to come before them. And the Inquisitions so made were to be Sealed with their own Seals, and the Seals of the Jurors, and to be delivered in their own proper persons at Westminster to the King's Council there, eight days after Michaelmass. And [9] Ibid. The Return of their inquisitions to be made to the King's Council. Writs were issued to Four Knights in every County to that purpose, Dated on the 4 th' of August, who made their Inquisitions and Returns accordingly: But what was done upon the Return of these Writs and Inquisitions I find not. But do find, That by the King's [1] Append. n. 196, 197. The Knights had their expenses allowed them by the Counties. Writs the four Knights of every County, had their expenses allowed them by the Counties for coming to Westminster, Returning home, and attendance upon the King's Council or Parliament. About the beginning of November this year, the King received the [2] Paris f. 979. n 30, 40. Manfred chosen and Crowned King of Apulia. News that Manfred, Son of the Emperor Frederic, was by the Bishops and Great Men, contrary to the Pope's mind, Chosen, and Crowned King of Apulia, who made Arch-Bishops, and Bishops without the Pope's consent; and they contemning his Prohibition, gave to the King all due Reverence and Obedience. The Great Men also, not taking notice of Edmund the King's Son (to whom the Pope had given that Kingdom) did their Homage and Fealty to Manfred, and gave him Seisin or Possession of the Cities and Castles. In the year 1259. the [3] Ibid. f. 981. n. 50. A. D. 1259. Richard King of the Romans desires to return into England. Nobles were in London at Christmas with the King, where they Treated amongst themselves with great trouble, and doubting, how they might carry on their design, and satisfy the Request of Richard King of Almaign, [4] Ibid. f. 982. lin. 1. who had given them notice, he very much desired to return into England to visit his Friends, and look after his own Affairs. They suspected his coming might be [5] Ibid. l. 3. to pour out his Indignation and Revenge upon the Barons, for their behaviour towards his Father King John, his Brother King Henry, and his Half Brothers; they were afraid he might divide them, and bring off many to follow him, and break their purposes. About the [6] Ibid. n. 50. Feast of St. Hilary (that is January 13.) they again entered into a common and solemn Deliberation and Debate, concerning his coming into England, and sent the Bishop of Worcester, the Abbot of St. Edmunds-Bury, Peter of Savoy▪ and John Mansel to him, That he might certify them of the cause of his so sudden and unexpected coming into England, and how long he would stay there, and to acquaint him he must take an [7] Ibid. f. 983 n. 10, 20. The conditions upon which he was to come into England. Oath to go along with, and assist the Barons, in completing and establishing their Provisions and Reformation. He came toward the Sea-coast with a good Guard of Horse, well armed, and carried himself very loftily towards these Messengers, and swore by the Throat of God, he would not take the Oath they required of him, nor would he tell them how long he intended to stay in England, His Answer to the Messenger sent to him. and told them the Nobles of England ought not to Reform the Kingdom without him, or presumptuously to go about such a difficult Business without his Presence and Assent. The Barons hearing [8] Ibid. n. 30, 40, 50. The Barons determined to oppose his Landing. this, fitted out Ships and Galleys to Fight with him, and impead his Landing, and raised an Army of Horse and Foot to oppose him after it; of which when he had certain notice he became more calm, and by persuasion of his Friends, promised by his Chart, to take such an Oath as the Barons exacted; On the 27th of January, he with his Queen landed at Dover, but was not permitted to go into the Castle. [9] Ibid f. 984. lin. 2. On the next day King Henry met him at Canturbury, and both Kings went into the Chapterhouse there, where Richard Earl of Gloucester call●d upon Richard Earl of Cornwall to take the Oath, which was in these words, Hear ye [1] Ibid. l. 8. The Oath he took. all People, That I Richard Earl of Cornwall do here Swear upon the Holy Gospels, That I will be faithful and diligent to reform the Kingdom of England with you, hitherto too much deformed by the Counsel of Evil Men (Hactenus nimis malorum Consilio deformatum): And I will be your effectual Helper to Expel the Rebels and Disturbers of the same Kingdom; And will observe this Oath inviolably, under pain of losing all the Lands I have in England. Eight days after [2] Ibid. f. 984. n. 30. Candlemass the Noblemen met at London, as they had agreed before at Oxford. About the beginning of November [3] Ibid. f. 979. n. 20. Several Noblemen sent to meet the King of Almaign. The Earl of Leicester, with the Bishops of Worcester and Lincoln, and Roger Earl Marshal, were sent by advice of the Baronage to meet the Kings of France and Almaign at Cambray; The two Kings came not, and so the other three returned home, and left the Earl of Leicester behind, who went into France, and having been long [4] Ibid. f. 984. n. 40. expected by the Barons, appeared in this Council, and brought with him the Dean of Bourges, one of the King of France his Privy Council, where there was an earnest Debate of the Matters between the two Kings of England and France, and what had been Treated of was approved of, and a Peace concluded on Valentines-Day, if both parties would consent to what their Agents had agreed and Determined. In the [5] Ibid. f. 986. n. 10. Several English Noblem●n sent to a Parliament held in France. beginning of April, by the Command and Advice of the King and whole Baronage, the Earls of Clare and Leycester, John Mansel, Peter of Savoy, and Robert Walerand were sent to the King of France, and his Great Parliament holden at that time, and carried with them King Henry's Chart of the Resignation of Normandy, with Letters of Credit, to put an end to all differences that were, and had been a long time depending between the two Kings; and also to Confirm and Establish what had been lately agreed by their Agents. But because these Envoyes were * Q. Whether they fell out, or went not, or came not together. dispersed (Sed quia ob eorundem Nunciorum dispersionem, Quid super hoc actum est, &c▪) What was done in this Matter, was not certainly known, or made public. When * Ibid. f. 987. n. 10. all things were agreed, the Countess of Leicester would not Resign some Rights she pretended to in Normandy; whereupon there arose a great Quarrel between the two Earls, which with much difficulty was taken up by the Mediation of Friends. This year [6] Cl. 43. H. 3. M. 10. Dor. Lewellin invadeth England. All Military Tenants Summoned to Chester and Shrewsbury. Lewelin Son of Griffin in a hostile manner invaded the Kings, his Son Edward's, and other his Subjects Lands, and for that the Truce between them was to determine on the 8th of August, by Advice of the Great Men of his Council, he summoned all that held of him in Capite, to be at Shrewsbury and Chester with their Service, upon the First of that Month. Adomar, the Elect of Winchester, had prevailed with the [7] Cl. 43. H. 3. M. 4. Dor. Adomar desires to be admitted into England, but is denied. Pope, to send Velastus his Penitentiary and Chaplain, by Advice of his Cardinals, with his Letters directed to the King and Barons, to intercede with them for his admission into England, and enjoyment of the Bishopric of Winchester. The Answer of the King and Barons to this Letter and Mediation, was a flat denial, but modestly drawn up, as 'tis to be found in my Answer to Mr. Petit's Rights of the Commons, etc. f. 83. It is Reported [8] Paris f. 989. n. 10. Why King Henry omitted ●e Titles of Duke of Normandy and Earl of Anjou. by the continuer of Mat. Paris, That King Henry, upon pretence that Rollo Duke of Normandy, obtained that portion of France by Force, and Extortion, when the King of France was unable to assert his Right, having neither Money or Army to defend it. Therefore says he, the King of England resigned the Dukedom of Normandy and Earldom of Anjou, upon payment of 300000 pounds of Turon Money, for which he promised him the Restitution of 20000 pound yearly Rend in Gascoigne; and from thenceforward he left out of his Style, the Title of Duke of Normandy, and Earl of Anjou. In the absence [9] Ibid f. 982. n. 40. A. D. 1259. Quare how this agrees with the Record above. Henry de Wengham, chosen Bishop of Winchester, but refuses it. of Aethelmar, or Adomar, Elect of Winchester, the Monks chose Henry de Wengham, than Chancellor, to be their Bishop; the King consented, saving the Right of Adomar, if he could obtain Consecration to that Bishopric from the Pope; He refused it because the Title was Litigious, and excused himself; That he was not fit for such a Dignity, or the Cure of Souls, having read little Divinity, or studied the Scriptures as he ought. Yet Fulke Bishop of London dying about that time, he accepted that Bishopric, notwithstanding his insufficiency, and procured the King's [1] Append. n. 199. Letters Patents, by Advice of his Council (he being one of the 24) to hold and retain all his former Ecclesiastical Dignities and Benefices, whereof the King was Patron, together with his Bishopric, for so long time as the Pope should please to give him a Dispensation. Notwithstanding Athelmar was forced to quit the Kingdom; The King while he was beyond Sea, judged the Bishopric void, seized the Temperalties and Stock thereof, [2] Append. n. 200. Adomars Bishopric Seized by the King, but on conditions. and Granted 5000 Sheep, 200 Cows, and 10 Bulls to this Bishop of London Elect, to stock that Bishopric, warranting them against the Bishops of Winchester, Provided always, That if Adomar should recover Possession of his Bishopric, they should be restored to him. In the year 1260. King [3.] Paris f. 989. n. 30. A. D. 1260. 44. of Henry. 3. Henry was at London with a multitude of Strangers, Says the Continuer of Mat. Paris; But that could not be, for by the close Rolls of this year, M. 5. Dor. it appears he was in France at Paris Treating of Peace, etc. with that King, the 19 th', and 28 th' of December, at Paris, and 17 th' of January at St. Denis; and was there, and in Flanders a great part of this year, as is clear from the Patent, and close Rolls, being dated at several Towns in those Countries where the King then was. This year Died [4] Ibid. & Annal. Burton. f. 446. Pope Alexander dies and Vrban Succeeded him. Pope Alexander the 4th, to whom Urban the 4th succeeded, and was Consecrated the fourth of September. In the King's absence the Great [5] Paris f. 990. n. 40. Revenues of the Italians Churches to be paid to the Baron's receivers. men Commanded all the Religious, who farmed the Revenues of the Churches possessed by the Italians, not to answer any of the Rent to them, but to pay it at a time and place appointed to such as should be assigned by the Barons to receive it, which if they refused to do, they threatened to burn their Houses and Goods, and to inflict the same punishment upon their persons, which was prepared for the Romans. [6] Ibid. n. 50. Simon Montfort reported to have died a Martyr. A. D. 1261. They likewise commanded the Bishops, not to interpose or concern themselves, for any of the Romans or their Revenues upon like penalty. By this Provision or Decree of the Barons (saith the Monk) England for almost three years was freed from Exactors, until Simon Montfort was slain, (Et Martyrio, ut Creditur, Coronatus) and as it was believed, Crowned with Martyrdom. In the year 1261. King Henry was at [7] Ibid. fol. 990. n. 50. King Henry employs the Treasure in the Tower for its repair. Christmas in the Tower at London with his Queen, who after he had broke his promise made to the Great Men, was constrained to retire thither to secure himself. He commanded the look● of the Treasure which had a long time been kept there, to be forced, and employed it to repair and strengthen the Tower, where it was thought most fit and convenient. Moreover he ordered the City of London to be fortified round about, and called all the [8] Fol. 991. lin. 2. The Citizens of London above 1● years Old Swear ●n fealty to the King. Citizens from twelve years old and upwards together, and caused them to Swear fealty to him, and commanded it to be Proclaimed, that whoever would take Arms under him should be maintained at his own charge; upon this many Barons from all parts, came with many Armed men, who were lodged without the Walls, because the Citizens refused to give them any entertainment. Those which had no kindness for the King, raised reports [9] Append. n. 201. False Stories reported of the King. That he would impose upon, and exact from the Great Men and Community of the Kingdom, undue and unheard of Taxes and Talliages to make discord between him and them. He therefore Commanded the Sheriffs of every County to make Proclamation he intended no such thing, and if they found any such reporters of Lies, to Arrest and keep them until they could produce the Authors, or that they received further Directions from him. About this time the King received from the Pope [1] Paris fol. 991. n. 10. The King Absolved from his Oath by the Pope. Letters of Absolution of himself and his Son Prince Edward from their Oaths, which the Prince refused to accept, but the King received it. When the Great Men had notice thereof, they sent Messengers to the King humbly beseeching him to observe inviolably the Oath he had made, and if any thing displeased him, and he would show it, they would amend it. To which the King with great passion replied, That they had fallen from their Agreement, and he would be obliged no longer, but left every one to provide for himself. At length through powerful mediation, it was agreed that two men should be chosen, one by the King the other by the Barons, who should make choice of a Third, and these three were to hear Complaints on both sides, and settle a lasting Peace. But nothing in this Affair was determined, because Prince Edward was beyond Sea, therefore it was adjourned till his return. Prince [2] Ibid. n. 20. Prince Edward returns into England. He adheres to the Barons. Edward having notice that the Establishment of a firm Peace between the King and the Barons depended upon his return, he forthwith came into England, and brought with him William of Valence lately forced out of the Kingdom, who could not obtain entrance into it again, until he had Sworn he would be obedient to the Provisions of the Barons, and answer such complaints as should be made against him. And when he understood by what Counsels his Father was Governed, he was very angry and retired from his presence, and adhered to the Barons according to his Oath, and entered into a Confederacy with them, to search out and drive away from the King all evil Counselors and their favourers (Quod malos Consiliarios & eorum fautores adquire●●nt & a Rege pro viribus elong arent. When this came to the King's knowledge, He and his Counsellors secured themselves forthwith in the Tower of London and Prince Edward remained with the Great Men. The Disturbers of the quiet of the Nation [3] Append. n. 202. False reports spread of the King. endeavoured by false and Crafty Suggestions to lessen the affections of the People towards the King, and withdraw their hearts from him, raising reports that he would destroy the just Ancient Customs of the Nation, and the Rights of the People, and oppress them with grievous exactions, that he would call in Strangers into the Kingdom and depress his own people. And all these false reports were e●aised, because he provided for his own Safety, the Security of the Nation, the maintaining of the Laws and the Rights of his subjects, by removing of Sheriffs and Governors of Castles, and appointing others that were more able to protect the people from the violence of Oppressors. And to secure his good Subjects from the jealousies and fears, That he would not do, nor intended ●o any such thing, he gave them his Letters Patents. The Bishop of Worcester, the Earls of Leicester and Gloucester, and other Great men had caused [4] Append. n. 203. Three Knights of every County Summoned by the Great Men to meet at St. Alban. A D 1262. 5. Paris ut Supra fol. 991. n. 40. three Knights of every County to be Summoned to meet them at St. Alban on the Feast of St. Matthew the Apostle (that is the 21 of September) to treat with them about the common business of the Kingdom. But seeing the King had appointed the Great men to meet him that day at Windsor, to treat of an accommodation between him and them, he commanded all Sheriffs to enjoin them to come to Windsor, and prohibit them from going to any other place, that they might understand and see, he should propound nothing but what was for the Honour and Advantage of the Kingdom. In the year 1262. King Henry A D 1262. 5. Paris ut Supra fol. 991. n. 40. The King forced to secure himself in the Tower. A Reconciliation made between the King and his Great Men. was with his Queen and Counsellors at Christmas in the Tower at London, who were forced to take that place for refuge, and to continue there to secure themselves from violence. But at length by the Mediation of the Queen, the breach between the King and the Great Men was made up, and Terms of reconciliation accepted on both sides. After that, the King departed from the Tower, and left the keeping thereof to John Mansel, and from thence he went to Dover Castle, which was yielded without any resistance, and Robert Walerand was by the King made Governor of it; from thence he came to Rochester Castle and some others; and to whatever place the King sent, an easy access and entrance was granted according to his own wishes. The King to gain an Aid from his Nobility in Parliament, and engage them in the Affairs of Sicily (though deceived in both) did not only confirm their Ordinances made at Oxford, but craved [6] Claus. 42. Hen. 3. M 4. Dors. The King confirms the Oxford Ordinances. the Pope's Confirmation of them, as very beneficial to him and his Heirs. But when those hopes were blasted, [7] Append. n. 204. He sendeth to the Pope to Absolve him from his Oath. he sent to Pope When the 4th to Absolve him from his Oath taken to observe those provisions, as prejudicial to the Rights and Prerogatives of his Crown, from which Pope Alexander his Predecessor had Absolved him, but Died before his Absolution was completed. He also wrote to him not to confirm the Baron's Statutes, if pressed to it, revoking the Commission of his former Proctors sent to Rome when the Seal was out of his power, (which he did not approve) who acted rather against, than for him. Now the King thinking himself secure on every side [8] Paris. fol. 991. n. 50. He taketh the advantage of the Pope's Absolution. He displaces his great Officers of State. resolved to take the advantage of the Pope's Absolution, and went to several Cities and Castles, and took possession of them and the Government of the Kingdom, encouraged to this by the promise of assistance he received from the King of France and his Great men. Afterwards the King came to Winchester, and removed from their Offices the Justiciary and Chancellor, that were appointed by the Baronage, and constituted * He made Walter de Merton his Chancellor, and Philip Basset his Chief Justice. Mat. Westm. fol. 380. lin. 7. others in their places according to his own pleasure, and sent his [9] Append. n. 205. Reason why he could not stand to his Oath. Writ to all the Sheriffs of England, wherein he relates his own Submission and the Affairs of his Realm to the Provisions at Oxford, under certain conditions which the Barons performed not; the injustice of their Ordinances to the prejudice and depression of his Royal power and D●mage of his People; his Absolution from his Oath to observe them both by Pope Alexander and Vrban his Successor: His readiness to do justice to all men Great and Small in his Courts, to which they might freely resort with security, and to observe the Articles contained in the great Charter and Charter of the Forest, which they were commanded to proclaim in all places, and to apprehend and secure all such as adhered to the former Ordinances, or presumed to speak or act any thing prejudicial to the Rights of his Crown, Honour, or Dignity, or to his Execution of his Office. Upon this the [1] Paris. ut Supra. The Barons come Armed to Winchester. Barons came Armed to Winchester, and John Mansel went privately to the King, and acquainted him with the danger he was in, The King retires to the Tower. and constrained him to hasten his return to the Tower of London. In the year 1263 at Christmas [1] Paris, f. 992. lin. 1. n. 10. A. D. 1263. 47th Hen. 3. the King, Queen and Council were in the Tower of London, at which time both the English and French Bishops took great pains to make peace between the King and Barons, and at length Both sides referred their Differences about the * See the Compromise itself on the King's behalf in Append. n. 206. and observe the date of it, on Sunday after St. Lucy's day 13th of December 1263. so that it had been agreed to Refer these Differences to the King of France before Christmas. The King of France nulleth the Oxford Provisions. Oxford provisions to the King of France, who calling together his Bishops, Earls and great men at Amiens on the 22 d of January, in that Assembly pronounced sentence for the King of England against the Barons, and Nulled those provisions; But by Evacuating of them, he did not intent altogether to abrogate King John's Charter. Upon which Exception S. Montfort, and others, took advantage, and said, The provisions were founded upon that Charter, and therefore would not submit to the King of France his Sentence. This Parliament of the King of France (as the Monk calls it) being Dissolved, the [2] Ibid. Several noble men desert Montfort. King of England and his Queen, the Archbishop of Canterbury, the Bishop of Hereford, and John Mansel, who were all there returned home. And from that time [3] Ibid. n. 20. Henry Son to the King of Almain, Roger de Clifford, Roger de Leybourn, John de Vallibus or Vaus, Hamo L'estrange, and many other Barons left Montfort, and Roger Mortimer wasted his Lands and Estates. But he confederating with Leolin Prince of Wales, the King's great Enemy, sent an Army thither, that invaded, destroyed and burnt the Estate and Lands of Roger. In the mean while the [4] Mat. Westm. f. 382. n. 40. Barons in other parts of the Kingdom by advice, and under the conduct of the Earl of Leycester, Resolving to make good the Oxford provisions, armed themselves, The Barons Arm themselves and seize the Kings Towns. and on a sudden, when they thought not of it, fell upon the Strangers, the King's Counsellors, and all they knew adhered to him, and in an Hostile manner seized upon their Estates, Places of Strength, Castles, Towns and Goods; [5] Ibid. f. 384. n. 50. 385. n. 10. Montfort with his Army took in Gloucester, Worcester, Bridgnorth and Shrewsbury; Prince Edward and the Noble men that were of the King's party took in the Castles of hay, Huntingdon, Brecknoc, etc. and on both sides they wasted, burnt and destroyed their Lands and Estates. The Londoners also [6] Ibid. f. 385. n. 20. The Londoners second the Barons. going out of their City in great numbers, wasted and burnt the farms and possessions of the King of Almain, Philip Basset, and many others, that were of the King's party, and imprisoned the King's Clercs, the Barons of the Exchequer, and Justices of the Bench. The King was at this time in the [7] Ibid. f. 383. n. 20, 30. Mat. Paris, f. 993. lin. 2. n. 10. The King maketh peace with the Barons. Tower of London with his Queen, and John Mansel, one of his chief Counsellors, who fled from thence, fearing the Rage of the Barons, and when he was gone, the King fearing he should be besieged by their Army against all the power and persuasion of the Queen, by the mediation of some Honourable persons made peace with them, the Articles whereof were these: First, That [8] Ibid. The Articles of the peace. Henry, Son of the King of Almain, should have his Liberty. Secondly, That the King's Castle should be put into the Hands of the Barons. Thirdly, That the Statutes and Provisions made at Oxford should be inviolably observed, as well by the King as others. Fourthly, That all strangers, except such as the Well-Affected should think fit to stay, should presently avoid the Nation never to return again. A. D. 1264. 48. Hen. 3. But this peace did not hold long, for the Soldiers that were within Windsor Castle [9] Paris, f. 993. n. 20. furnished it with Arms and Victuals, which raised great suspicion in the Barons; and it added much to it, that when Prince Edward, had desired of the Bishop of Worcester, who was of the Baron's party to conduct him from Bristol to his father's Court, when he came near Windsor, he left the Bishop and went into the Castle, which he took very ill; [1] Ibid. n. 30. Prince Edward kept prisoner by Montfort. and Simon Montfort coming to besiege it, Prince Edward met him at Kingston, and offered a Treaty of Peace. But by advice of the Bishop, Simon kept him prisoner until the Castle was delivered to him, upon condition, that such as were in it might go whether they would, and the strangers, and such others that had a mind to go beyond sea, should have Passports. On the 20th day of [2] Append. n. 207. March the King was at Oxford, and impowered the Bishop of Coventry, and Nicholas Archdeacon of Norfolk, on the behalf of him and the Barons with him, to treat with Simon Montfort, and the Barons with him, at Brackly, before John de Valencinis, about establishing a firm Peace; but whether they ever treated, or what was the effect of the Treaty, I find not. To the King at [3] Paris, f. 993. 40, 50. & f. 994. lin. 1▪ etc. Northampton taken by the King and Prince Edward. Oxford came his son Edward, where they united their forces, and marched toward Northampton, where then were a Considerable part of the Baron's forces. They made a Breach in the Town Wall and took it by assault upon the Sunday before Palm Sunday, in it he took fifteen Bannerets, (Milites vexilliferos) or as [4] F. 385. n. 30. Mat. of Westminster (Barones vexilliferos) besides forty Ordinary Knights which were imprisoned in several Castles, and their names are to be found in Paris. From hence the King [5] Paris, f. 994. n. 10, 20. His success against several places. marched to Nottingham, increased his Army, and laid waste the Lands of his Enemies. The Earl of Leycester marched toward London, with design to go and besiege Rochester Castle, which John de Warenna defended: It was in some distress, but the King came very opportunely to the relief of it. Montfort left Forces sufficient to keep in those within the Castle, and advanced toward the King, who left London, and marched toward Kingston Castle, which belonged to the Earl of Gloucester, and took it; and from thence went to Rochester, and killed many of those Simon Montfort had left there, and caused the rest to flee. From thence he marched to Tonebridge and took in that Castle, and from thence to Pevensey, where he received into favour the Barons and Officers of the Five ports. (Vbi portuenses ad pacem receipt) And from thence proceeded to Lewes, where he was received in the Priory, and his Son in the Castle, where the Barons wrote to him: Professing [6] Ibid. n. 20. The Baron's Letters to the King. to observe their oath and fidelity to him, and desiring that he would not believe the lies many about him told of them; affirming they put themselves into Arms, not only against their own, but his Enemies, and the Enemies of the whole Kingdom. Sealed by the Earls of Leycester and Gloucester, at the Request of the others of the Faction. To which the King returned, [7] Ibid. n. 30. The Kings the Answer. That they were the cause of all the War, Destruction, Rapine and Misery that had befallen the Nation. That their Intentions were not according to their Profession, nor their Actions according to their Pretences, and therefore defied them. This Answer was dated at Lewes, May 12th 48 of Hen. 3d 1264. In like manner [8] Ibid. n. 50 and f. 995. lin. 1. Richard King of the Romans defieth the Barons. Richard King of Romans, Prince Edward and all the Barons and Knights that adhered to the King, charged them with lies, and defied them; but withal, provoked them to stand to the Judgement of the King's Court, to which they were ready to submit and make their Innocence appear. These Letters were dated the same day. After this the Barons sent Henry Bishop of London, and Walter Bishop of Worcester, their [9] Ibid. f. 995. n. 10. The Barons Offer to the King. Mediators, for peace to the King, and offered for damages done by them through the Kingdom 30000 l. so that the Statutes of Oxford might stand good. The King not accepting their offer, they March towards Lewes, The King refuseth their Offer. where he than was, who hearing of their coming, advanced toward them: [1] Ibid. n. 30, 40, 50. The Battle at Lewes. The Battle being joined, Prince Edward engaged the Londoners, and beating them made too great a pursuit, so that before his Return, the other part of the King's Army was Routed, and his Father having his Horse [2] Ibid. f. 996. lin. 1. The King and his Brother Richard taken prisoners. killed under him, was, with Richard King of Almain, taken prisoners, and many other Barons, and many slain. But still the Castle of Lewes making a stout defence against the Barons, at which the Prince took Courage, and rallied [3] Ibid. n. 10. his Forces, with design to try the fortune of another Battle, which Montfort and his Confederates perceiving, sent Messengers for Peace, promising the next day they would effectually treat of it, which was done by the [4] Mat. Westminster, f. 393. n. 40. Montfort refers himself to the King of France to make a peace. Mediation and Intercourse of Friar's Minors, between both parties, and the Issue was this; That they should apply themselves to the King of France, and procure him to choose three Prelates, and three Noblemen of France: which six should nominate two French men, who coming into England should choose a third person an Englishman: which three should determine all Controversies between the King▪ and Barons, and order all things concerning the State of the Kingdom, and for the [5] Ibid. n. 50. performance of this, they were to take their Corporal Oaths on both sides, and an Instrument was so to be made of it, sealed with the King's Seal, and the Seals of others, and that the Eldest Sons of both Kings should be delivered Hostages for the Security of this Agreement, which was called the Mice of Lewes. And so the King committed himself to his Enemies, The King was to commit himself to his Enemies. Prince Edward and Prince Henry delivered Hostages and they carried him to Canterbury, and sent the Hostages, Prince Edward, and Henry Son to the King of Almain, to Dover Castle, and so came to London, and sent Richard King of Almain to the Tower; and their other Prisoners taken in that Battle, to several Castles to be imprisoned: * Ibid. f. 394. lin. 2. And then plundered and spoiled all those that faithfully adhered to the King, or that at any time had served him, as well Clercs, as Laics, of all their movable Goods. This Battle was [6] Mat. Westm. f. 387. lin. 5. fought, May the 14th; and on the 17th of the same Month, the King sent his [7] Append. n. 208. Writ to Drogo de Barentin, Constable of the Castle of Windsor, to Release Simon Montfort, Son to the Earl of Leicester, and Peter Montfort Senior, according to the Agreement made between him and the Barons, who had been taken at Northampton, and Committed to him by his Son Edward. After the same manner he wrote to William la Zouthe, to deliver Peter Montfort the younger; and to james And ●he●ey, or Audley, to deliver Robert Montfort his Brother, both Sons of Peter Montfort. On the 28th of May, [8] Append. n. 209. Montforts' Son made Constable of Dover Castle. Henry Montfort, Eldest Son to the Earl of Leicester, was made, by the King's Commission, Constable of Dover Castle, Warden of the Cinque ports, and had the Chamberlain-ship of Sandwich committed to him, during pleasure. On the 4th of [9] Append. n. 210. The King appoints Conservators of the Peace. June, the King relating, That by Divine Grace, there had been a firm Peace made between him and his Barons to be inviolably observed through the whole Kingdom, did by the Advice and Assent of his Barons Constitute and Appoint in all Counties of England, Keepers and Conservators of that Peace, during pleasure; commanding, and enjoining them by their Faith and Allegiance, that they strictly looked after the Conservation of the Peace in their Counties, and prohibited in his name any one under the penalty of disinheriting, and danger of Life and Members, to set upon any man, or Plunder him, to Commit Homicide, Burning, Roberies, Tolts, (i. e. Thefts or Rapine) or perpetrate any the like Enormities, nor do Damage to any man contrary to his Peace. Also that for the future, no man should bear Arms in the Kingdom, without his special Licence and Command. And if they found any such Malefactors, and Disturbers of the Peace, they were to arrest, and keep them safe until further Order. In the Body of these Commissions, there was a Precept to every of these Conservators of the Peace, Four Knights to be chosen in each County to be sent to London. to send four of the most legal and discreet Knights of each County, to be chosen by the Assent of that County, for the whole County, to the King at London, to be there on the * Note the Octaves of holy Trinity this year, were June 22d. Easter day being April 10th. Octaves, or Eight days after the Feast of Holy Trinity at furthest, to treat with Him, his Prelates, Great Men and others, in Parliament, about his own Business, and the Business of the Kingdom. On the same 4th of June, the King sent his [1] Append. n 2●1. Writ to james Alo●thele, or Audley, acquainting him, that by Divine Grace, there was a firm Peace concluded between him and his Barons; and that for the keeping of that Peace, by Advice and Assent of his Barons, it was provided; That no man under Penalty of losing his Lands and Tenements, and also under danger of his Life and Limbs, should wear Arms without the King's special Licence and Command; None to wear Arms without the King's Licence. and that all the Prisoners taken at Northampton, should be brought to him to London, in whose Custody soever they were. And whereas there were certain difficult Matters which concerned him and his Kingdom, to be Communicated to him, without whose presence they could not be dispatched; he commanded him by the Faith and Homage he ought him, upon receipt of the Writ, to come to him, to treat of the Matters aforesaid; and to bring with him Robert de Sutton, Robert Fitz Walter, Philip de Covel, and John de Wiavill, and all others in his Custody, whosoever committed them; that if it were thought fit, they might be exchanged Prisoner for Prisoner, with those taken at Lewes, or otherwise Released upon Security. Roger Mortimer [2] Ibid. received the same Precept, which was delivered to Simon Watervill; and that he should bring with him Reynald de Watervill, John le D'espenser, Adam le D'espenser, Roger de la Hide, Humphrey de Bassingburn, and all other such Prisoners, etc. Roger de Clifford [3] Ibid. received the same Command; and to bring with him William de Eyvill, Henry de Penbregg, and Baldwin de Drayton. A [4] Append. n. 212. Writ in the same Form, and of the same Date, was directed to John de Grey, Constable of Nottingham Castle; and he was commanded to bring with him Baldwin Wake, Anchor de Freschenvill, Hugh Gobion, Roger de Mortein, Richard de Hemington, and all other Prisoners in his Custody, etc. This Writ was delivered to Philip Driby, by the Earls of Leycester and Gloucester. The same [5] Ibid. Command was to Drogo de Barentin, Constable of Windsor Castle; that he should bring William de Furnivall, and all other Prisoners, etc. This Writ was given to Charles the Kings Valet, to be delivered to the aforesaid Constable. The same [6] Ibid. Precept was directed to John de Vallibus (that is, Vaus) Constable of the Castle of Norwich, or his Subconstable to come, etc. and bring with him Ger. de Furnivall, William de Elyesford, Ralph de Bruton, John Estormy, and all other such Prisoners, etc. The main Business for which four Knights were to be sent, by the Conservators of the Peace of each County, and the Barons were particularly summoned to Parliament eight days after The business for which the four Knights were summoned. Trinity Sunday was this year June 15. and the Sunday following was eight days after inclusive, reckoning Trinity Sunday for the first. Trinity Sunday, or on the 22 d of June 1264, 48th of Henry the Third, was to Vnking the King, which was done in this manner: There was an Instrument ready drawn against their time of Meeting, That for the Reformation of the State of the Kingdom, there should be chosen three Discreet, and Faithful, or Well-Affected Men of the Kingdom, who should have Power and Authority from the [7] Append. n. 213. King of naming and choosing nine Counsellors, of which nine, three by turns should always be present in the Court; Nine Counsellors to be chosen for the King. All great Officers to be chosen by them. and the King, by the Advice of those nine, should Order and Dispose of the Custody of his Castles, and all other Business of the Kingdom; and the King should make his Justiciary, Chancellor, Treasurer, and all other great and small Officers, that belonged to the Government of the Court and Kingdom, by the Advice of those nine. The first Electors were to Swear, That according to their Conscience, they would choose and nominate such Counsellors, as should be faithful to the Honour of God and the Church, and profitable to the Kingdom. The Counsellors also, and all Officers both great and small, were to Swear at their Creation, That they would, to the utmost of their Power, execute their Offices, to the Honour of God and the Church, and to the profit of the King and Kingdom, without any other reward than Meat and Drink, which commonly was presented upon Tables. And if the Counsellors, When and by whom Officers ought to be displaced. or any of them, so behaved themselves, as they were to be laid aside and changed; then the King, by the Advice of the three Electors, might change and remove as many as he thought fit; and in the place of them so removed, Subsistitute other fit and faithful Person or Persons. If the great or small Officers behaved themselves ill, they were to be removed by the Council of nine, and other or others, by them to be appointed in their places. And if the three Electors agreed not in the Choice of Counsellors, or they agreed not in the Creation of Officers, or Disposing of, or in Dispatching other Business of the King and Kingdom, then what should be ordained by two parts, should firmly be observed, so as of those two parts one should be a Prelate, in Matters concerning the Church: And if it should happen, that two parts of the nine should not agree in any Business; than it was to be determined by the three first Electors, or the major part of them. And if it shall be thought expedient by the Community of Prelates and Barons, that all, or any of the three first Electors, should be removed, and others substituted; the King should substitute them by the Advice of the Community of the Earls and Barons. All these things the King was to do by the Council of nine, in Form, as it was to be Subscribed by the King, or by them instead of, and by Authority of him. And this Ordinance was to endure, until the Mice made at Lewes should be Completed, The Witnesses that set their Hands and Seals to the Ordinance. or another Form provided and appointed by the Agreement of All Parties. In witness whereof, Richard Bishop of Lincoln, and Hugh Bishop of Ely, Roger Earl of Norfolk, and Marescal of England, Robert de Veer Earl of Oxford, Humphrey de Bohun, William Montchensey, and the Major of London put their Seals to the Writing; Done in the Parliament at London, in the June 1264. that is, according to the Writ directed to the Conservators of the Peace of each County, to send four Knights to Treat in Parliament, etc. on the Octaves of Trinity, June the 22d. Easter day being that year, April the 20th. as hath been before noted in the Margin. And that this Instrument was ready drawn, and that there could be little or no debate about so great and weighty Affair, appears clearly by the next [1] Append. n. 214. Nine to be named to the King for his Council. Record; by which 'tis Manifest, That the King gave Power to Stephen Bishop of Chichester, Simon Montfort Earl of Leycester, and Gilbert de Clare Earl of Gloucester and Hertford, to name nine, as well Prelates as others, by whose Advice he would Govern the Nation, and commanded them to proceed to the Nomination: Which Record is dated, June 23d. the day after their first Meeting. The short Account [2] f. 394. lin. 3. Mat. Westminster his Account of this Affair agrees with the Record. Mat. of Westminster gives of this Matter, in many things agrees with the Records; The Prelates, Earls and Barons (saith he) of that party, which seditiously held their King Prisoner, met at London, and unmindful of the Compromise at Lewes, the Oath they had taken, and their own Salvation, bethought themselves of new Ordinances for the Government of the Kingdom: And Ordained amongst other things, That two Earls, and one Bishop, Elected by the Community, should Choose nine Persons, of which three should Assist the King; and by the Counsel of those three and nine, all the Affairs, as well of the King's Household as of the Kingdom, should be directed. And that what the King should do without the Advice of them, at least of the three, should signify nothing: And so the Earls of Leycester, and Gloucester, and Bishop of Chichester ( [3] Ibid. n. 10. The Bishop of Chichester's promised to such as should die fight against the King. who promised all that fought stoutly against the King, and were killed in the Battle of Lewes, immediate entrance into Heaven) were Constituted the three chief Counsellors. Then [4] Ibid. lin. 16. They send Letters to the Pope's Legate, and King of France, to acquaint them with their proceed. threatening the King they would choose another, and the Prince to keep him perpetually in Prison; Commento fraudis consentire coacti sunt, they were compelled to consent to this Cheat. Having contrived and perfected these Ordinances, they sent [4] Ibid. lin. 16. They send Letters to the Pope's Legate, and King of France, to acquaint them with their proceed. Letters to the Bishop of la Sabina a Cardinal, and then the Pope's Legate in France, and to the Illustrious King of France, That they would utterly annul the Compromise made at Lewes, and Establish this New Peace made by an Amicable Consent of both Parties; And the Bishops of London, Winchester and Worcester, and some others of the Province of Canterbury earnestly beseeched the foresaid Legate, That he would be very ready to promote that Peace. And upon the Saturday, after the Nativity of the Blessed Virgin, which is September the 8th. the Bishops of London, Worcester and Winchester, with Hugh D'espenser Justiciary of England, Peter Montfort, and Richard de Mepham, Archdeacon of Oxford, were [5] Append. n. 215. Procurators and Commissioners appointed to Treat of the Peace. The King to be obliged to whatever Peter Montfort should swear. Constituted Procurators, and Commissioners to treat in the presence of the Magnificent Prince, the Illustrious King of France, and the venerable Father G. Bishop of la Sabina, and Legate of the Apostolic See, or either of them, about the Reformation of the State of the Kingdom of England, with Power to do whatever they thought fit in this Matter, and give Security for the Performance of it, with a special Clause of Power to Peter Montfort, that what he should swear to, the King must be obliged to it. What these Commissioners did, I find not, 'tis probable the Barons kept themselves to the Instrument of Government made at London without Alteration. About the beginning of this 48th year of this King, Montfort and his Confederates, had caused it to be spread abroad, That he intended to bring an [6] Append. 216. Montfort causeth false reports to be spread of the King's design; And then Taxeth the people. Four or five to be sent out of every Town to the Seaside. The King's endeavour to undeceive his people. Army of Strangers into the Kingdom to destroy the Nation, and ordered the Matter, so as the People, by a voluntary Contribution, taxed themselves, or submitted to a Tax, which was Imposed upon them without the King's Privity or Knowledge, especially in Warwic and Leycestershire, to maintain four or five men out of every Town to march to the Seaside, and defend the Nation against Strangers. And to undeceive the People, the King Wrote to all the Sheriffs of England, to make Proclamation at the County Courts, and in every Hundred, and good Town of the County, That he intended no such Thing, but resolved to Keep the Nation in Peace, and commands the People not to believe any such Suggestions, nor to pay the Taxes and Tallages, made o● imposed on them, against their Liege Lord, nor to Arm themselves, nor go out of their County, without his Special Command. Montfort continues to create jealousies and fears, among the People. But now when Montfort had the King in his Power, about the beginning of July, these Suggestions and Rumours were renewed and spread abroad to keep the people's Heads warm with Jealousies and Fears; and that an Army might always be ready (for they had made the Country) to Baffle all Attempts, to Rescue the King out of the Power of the Barons, He was made to own them, and 7 Append. n. 217. The King forced to own whatever Montfort suggested. Declare to the Arch-Bishops, Bishops, Abbots, Priors, Earls, Barons, Knights, Freemen, and to the whole Community of Counties, That it did certainly appear to him, that a great Multitude of Strangers (who, or of what Nation, not said) who were preparing Shipping, and intended with Force to Invade the Kingdom, to the perpetual Confusion, and Disinheriting of himself, and every one of the Kingdom, unless Care was taken with Force to prevent it. He therefore Commanded all Knights, and Free-Tenants, to prepare themselves with Horse and Arms, so as to be at London on Sunday, after the first of August, to March with him from thence, for the Defence of himself, themselves, and the whole Kingdom against Strangers. And also Commanded every Sheriff to take with him the Keeper of the Peace of the County, to Summon and firmly Enjoin, in the King's Name, all the foresaid Arch-Bishops, Bishops, Barons, and all others which ought the King Military Service, by the Faith and Homage, in which they were bound to him, and as they loved themselves, their Lands and Tenements, to come to him, not only with the Service they ought him, and were bound by Tenure to perform, but with other Horse and Arms, or send them, and with as many Choice Foot as they could raise, that by their help he might Effectually resist the Danger: Nor was any man to Excuse his non-appearance, upon the shortness of time, That it was not a reasonable space for Summons, because the present necessity would not allow a longer; and therefore it should not be drawn into Custom, for the Future, to the Prejudice of any Man. Furthermore, he Commanded the Sheriff, to cause to come at the same Day, eight, six or four, of the best and most stout Footmen from every Town, according to the bigness of it, with competent Arms; that is to say, with Lances, Bows and Arrows, Swords, Darts or Hand-slings, Bills or Hatchets; which were to have their Expenses allowed upon the Common Charge for forty Days. And that he should send from Cities, Castles and burgh's, a proportionable number of Men, as well Horse as Foot, according to their Bigness and Abilities: Nor was any Man to pretend or plead, That Harvest was then to begin, or any other Family or Domestic Employment, as a Let or Hindrance; seeing it was more safe and better, for a Man with the Security of his Person, to be somewhat Damnified in his Goods, than with a total Destruction of his Lands and Goods, by the Impious Hands of those, who thirsted after his Blood (to wit, the Kings) and if they could prevail, would spare neither Age nor Sex, but Deliver them to the Tortures of a Cruel Death. Therefore this Command of the King, the Sheriffs were to publish and give notice to every one, That as they loved the Honour of him, and the Nation, and their own lives, and as they would avoid the perpetual Disinheritance of themselves and Heirs, they should hasten to prepare themselves, as powerfully as they could, so as they might be at the place and time aforesaid; letting them know, That if he should find any Contemners of his Command, or any that should be negligent, or remiss in the performance of it, that he would seize their Persons and Goods, as of those that would not preserve him and his Kingdom from confusion, and perpetual Disinheritance. This Declaration and Command was dated at St. Paul's London, on the sixth of July. On the Ninth of July [8] Pat. 48 Hen. 3. M. 11. Dors. he sent his Writ to the Good, best, or stout Men, (probis hominibus) of Len, Yarmouth, Donwich, Oxford, joswich, and all other Cities, burgh's, and Towns, upon the Coast of Norfolk and Suffolk, to be obedient to the Directions of Hugh le D'espenser his Justiciary, in securing the Coasts of those Counties, whom he had sent to them to that purpose. The Earl of Leicester would be thought a strict observer of the King's Commands, that others might really be so, and therefore obtained the King's [9] Append n. 218. Montfort rides with a Body of Horse about the Kingdom. Licence to Ride with a Body of Armed Horse about the Kingdom, when he had prohibited all others to do it, by reason of the Hostages and Prisoners he carried about with him. This Licence is Dated at St. Paul's London July 16th. The Forces to be raised against the Invasion of Foreigners, came not in such numbers as was expected, and therefore the King on the ninth of August, [1] Pat. 48 Hen. 3. M. 7. Dors. The King hastens the March of the new raised Forces. wrote to the Sheriff of Cambridge and Huntingdon Shires, to make Proclamation, That all which were Commanded to be at London, on Sunday next after the first of August, with their Horse and Arms, and other Force, etc. should march thither in all hast both night and day, under pain of losing all their Lands, Tenements and Goods, and Danger of Life and Limbs. And if within three or four days after Proclamation made, they did not March, than he was to take and detain them in Prison until further Order, and out of the profit of their Lands, Tenements and Goods, to send as many Armed Men as they would maintain. People being wearied with Watching, Guarding, The People wearied out with watching and guarding the Coasts. and securing the Coasts in Norfolk, Suffolk and Essex against Foreigners, designed to go to their own Homes, pretending they had been there forty days, and would stay no longer. The King had notice of their Intentions, and, on the seventh of September, [2] Pat. 48 Hen. 3. M. 5. Dors. wrote to all that were assembled for that purpose in those Counties, That for several things that might happen, and by reason of some News he had heard, it was necessary for them to stay longer upon the Coast, and commanded them by the Faith in which they were obliged to him, and in pain of losing all they had in the Kingdom, they for his, their own, They are commanded by the King to stay, to keep out Strangers. and the Defence of the Kingdom against Strangers should stay there, and not departed, until they received his Licence. And commanded the Sheriffs to provide Money from the County, for such as were not able to bear their own Charges, unto eight days after the Nativity of our Virgin Mary, (that is, September the eight) or longer, if need should be. And also commanded the Sheriffs, to seize all the Lands, Tenements, Goods and Chattels of such as were summoned and appeared not, nor sent, and of all such as departed without his Licence, and keep them safe until further Order. On the 24th of September, the King [3] Pat. 48 Hen. 3. M. 3. Dors. wrote to the Sheriff of Oxford and Buckingham Shires, to Command and Enjoin all Knights, and Free-tenants, in his Bailywic, that were able to bear Arms, and had Lands to the value of an Hundred Shillings, or Ten Pounds a year, under the penalty of losing all the Lands and Tenements they held in the Kingdom, that they should come to him in their proper Persons with Horse and Arms, wherever he was in England, in all haste to oppose the Strangers that were to come from beyond Sea, who were to be furnished with Money for their Expenses in the Army until Three Weeks after Michaelmass; and the Sheriffs were to provide for the Expenses of such as were not Able, by taxing the County, and also for the Expenses of the Foot. Matthew Westminster [4] f. 385. n. 10. What the King of France thought of the English. says, That almost all France as far as the Alps, by the Instigation of the King of France, Peter Earl of Savoy, Boniface Archbishop of Canterbury, and the Elect of Lions, and other of the Queen's Relations, was in great Indignation with the English, that behaved themselves Seditiously toward, and Traitorously opposed their King, which might raise a Suspicion in them, of the Inclinations and willingness of those People to Assist the King, but speaks not of any Shipping provided, or Forces raised there to reduce them to Obedience. Though the [5] Paris, f. 996. n. 40, 50. A. D. 1265. 49th Hen. 3. King was in the Custody of the Earl of Leicester, and under his Power, Richard King of Almain Prisoner in the Tower, and their two Eldest Sons Prisoners and Hostages in Dover Castle: Some Loyal Barons take up Arms against Montfort. Yet there remained in the Marches of Wales, several Stout and Loyal Barons, Roger Mortimer, james Audley, Roger de Leyburn, Roger de Clifford, Hamo L'estrange, Hugh Turbervile, and many others, being much troubled at the Usage of the King and Prince, with one Consent took Arms against the Earl of Leicester. They broke down the Bridges upon the River Severn, and secured themselves in the Borders of Wales, on the West side of it. To Reduce these, [6] Mat. Westm. f. 389. n. 40, 50. Montfort carries the King with him to oppose them. Assumpsit secum Regem Henricum, quem habuit adeo acclivem, etc. Montfort carried with him the obsequious King (made so by Threats) and marched with a great Army to Worcester: And having his Fast Friend, Leolin Prince of Wales, to come upon the back of them, they were forced to make a Peace on Condition, they should leave the Nation for a year, and deliver up their Castles to Leicester; The Barons constrained to deliver up their Castles to him. To which Terms they the more readily consented, that Prince Edward might be freed of his Imprisonment: by this Means Leicester became possessed of almost all the Castles upon the Marches from Bristol to Chester; which City and Castle, with the Earldom and Honour, and the Appurtenances, Prince Edward granted to him [7] Pat. 49 Hen. 3. M. 6. He made a plentiful provision for himself and Family. under pretence of an Exchange, before his Liberty could be Treated of: which Grant was Confirmed by the King, on the 20th of March following, and also the [8] Cart 49 Hen. 3. M. 4. Castle and Honour of Pe●, the Castle and Town of Newcastle Underline in Staffordshire, were then granted with them, to him and his Heirs. And now all things being quiet in the [9] Mat. Westm. f. 390. lin. 7. Marches of Wales, the King went toward Woodstock to keep his Christmas there; And the Earl, Fortune favouring him in all things he had contrived, celebrated the same [1] Ibid lin. 9 He Governs and Orders every thing in the Kingdom. Feast at his Castle of Kenelworth. At this time all England, but the utmost North Parts of it, which as yet held out against him, by the Instigation of the King of Scots, and John Balliol, was subject to him, [2] Ibid n. 10. The King only as a Shadow and always under a Guard. all things were ordered by him, all the King's Castles were put into his hands; Nor was the King, that had now Reigned near fifty years, any more than a Shadow, so that he could not walk in his own Land without a Keeper and Guard, and under the total Disposition of some other person. And his [3] Ibid. f. 394. n. 30. Who were his Keepers. Keepers usually were Montfort's Sons, Hugh D'espenser, and John Fitz-John; the Earl of Gloucester being excluded from the Custody of him, whom they only feared as able to break this Confederacy. They divide the King's Castles and Forts among themselves. All the King's Castles and strong Forts of the Kingdom, they divided amongst themselves, and made the King's capital Enemies Officers of his House. There was also at this time much Discourse of [4] Ibid. n, 40. Prince Edward purchaseth his Liberty. Releasing Prince Edward, which had continued almost a year, until he had given him for his Liberty, of being a Prisoner only at large, the Earldom of Chester. And for this [5] The Writ of Summons. Cause chief, and to Treat of some other Difficult Matters of the Kingdom, was the famous Parliament of the 49th of this King, called, the first [a] Though the Keepers of the Peace in each County had Writs directed to them to send four Knights to that Convention, called a Parliament in June, 48th of this King, yet that was not a Parliament, according to this Method, and the Usage afterward; for there was neither Citizens nor Burgesses, nor any to Represent the Chapter of Cathedral Churches, or the Ordinary Clergy; and without doubt these four were of the Number of the small Barons, or Tenants, or Community in Capite, and called to Represent them, to give the more Credit to the Traitorous Ordinance then made. Pattern of our Parliament, since that time, or from the eighteenth of Edward the First. For the History whereof, how it was summoned, why called, and the old way of Parlements at this time changed, I refer the Reader to my Answer to Mr. Petyts Book of the Rights of the Commons asserted, in my Introduction to the Old English History, from fol. 136. F. to fol. 143. D. But Prince Edward's Release could not be agreed upon in this Parliament, whatever other Business might be dispatched, for there was another Treaty about it with the Great Men, upon [6] Pat. 49 Hen. 3. n. 100 Thursday the morrow of Ash-Wednesday, and the Discharge from the King to Henry Montfort his Keeper, for the [7] Append. 219. Prince Edward still a Prisoner at large. Receipt of his Body bears Date 10th of March; and when he was released out of Dover Castle, he was but a Prisoner at large, and under a Guard, and carried about with his Father, whethersoever the Earl of Leicester went; and the Castles of Dover, Scardeburgh, Bamburgh, Nottingham and Corf, were to remain in the hands of the Barons for five years, as security for him, as well as for the Peace of the Kingdom, Castra [*] Pat. 49 H. 3. n. 87. nostra, Dovor, Scardevurgh, Bamburgh, Nottingham & Corf tradenda in Ostagium in Quinquennium, etc. who was now grown so great, [8] Paris, f. 997. n. 10. that the Earl of Gloucester envied him, and thought he was neglected, and not well used by him; for it was not enough for him, thus to carry about the Captive King, Montfort and the Earl of Gloucester disagree. but he ordered all the Affairs of the Kingdom as he pleased: Yet that which most offended the Earl of Gloucester, was, that he took to his own use all the Profits and Revenues of the Kingdom, and all the Money paid for the [b] The Money paid for the Ransom of Prisoners was very considerable, and those that took them challenged it as their own. [9] Append. n. 220. Marmaduke was taken Prisoner at Lewes by Hugh D'espenser; and Compounded with him for his Liberty, and found Sureties for the payment of seven hundred Mark, and for their Security engaged his Manor of Lun●. Ransom of Prisoners which by Agreement, aught to have been divided between them. For these Causes there happened a great Difference and falling out between these two Earls, which the [1] Pat. 49 Hen. 3. m. 13. n. ●4. The King endeavours to reconcile the two Earls. King, by Monforts own Contrivance, endeavoured to reconcile, by the mediation of some Bishops; and so confident was he, That he caused the King to [2] Ibid. n. 61. write to all the Keepers of the Peace and Sheriffs in England, to apprehend such as reported there was any discord between these two Earls, and affrighted the people with Jealousies and Fears of a new War. And particularly to Ralph Basset of Drayton, [3] Ibid. Keeper of the Peace in the Counties of Salop and Stafford, and the Sheriffs of the same Counties to suppress the Forces Roger Clifford and other Great Men of the Marches were Raising: These Writs bear Date at Hereford, May the 10th. and were issued by the Command of the King, the Earl of Leicester, Justiciary, Peter Montfort, Roger St. John, and Giles Argenten; & Sciendum est quod liter● istae emanarunt per preceptum Regis, Commitis Leicestriae Justiciarium, Petrum de Monteforti, Rogerum de Sancto johanne, & Aegidio de Argenten. The Earl of Gloucester would not be reconciled to Montfort. But Simon Montfort, who put forth every thing in the King's Name, was deceived; for notwithstanding all the Labour of the Mediators, the Earl of Gloucester would not be [4] Pat. 49 Hen. 3. n. 54. reconciled to him, but withdrew himself and joined John de Warrenna Earl of Surrey and Sussex, and William de Valentia Earl of Pembroke, who a while before had come from beyond Sea, and landed with some small Forces at that Town, who marched from thence, with what numbers they could, to the assistance of the Barons Marchers: To whom also came Prince Edward, after he had made his Escape from Hereford on Thursday in Whitsun-week, which * Easter day April 5th. was on the 28th of May that year. On the 30th of the same Month, the King [5] Append. n. 221. The King esteems his Son, Prince Edward, a Rebel. wrote to all his Tenants in Capite, as well Arch-Bishops, Bishops, Abbots, Priors, as Earls Barons, Knights, and all others, except those that were of the party of the Earl of Gloucester; That whereas he, and certain of his Great Men and Feudataries, sometime since came to Hereford, to take care of the Peace of those Parts, hoping to have found his Son Edward a great and cheerful Assistant in that Business: He on the Thursday in Whitsun-week, about the Evening, made his Escape from the Knights which accompanied him out of Hereford, to take the Air, and were his Guard, by the contrivance of two Knights, and four Esquires, that were privy to the Design, and carried him off, intending, as he certainly believed, to go to John Waren, and William de Valentia, and the Barons Marchers, his Rebels and Disturbers of his Peace; He therefore commanded them by the Faith, Homage and Love, in which they were bound to him, to come with all haste, by Night and by Day with Horse and Arms, and all their Service and Force to Worcester, to go with him against his Enemies and Rebels. On the 7th of June, he [6] Append n. 222. He prohibit All from Aiding or Assisting his So● wrote to the Guardians of the Peace, and Sheriffs of every County, to Prohibit by Proclamation, all People of their respective Counties, from giving any Aid or Assistance to his Son Edward, the Earl of Gloucester, or any Rebels of their Confederacy: But whereas he had lately sent his Letters into all Counties, and commanded all men should take an Oath to observe the Ordinances made at London, therefore all men in every County should rise against the Rebels, Disturbers of the Peace, and Transgressor's of that Ordinance, and Arrest their Bodies, and have them in safe Custody. These Letters or Writs were directed into the several Counties by the King, the Earl of Leicester Justiciary, Peter Montfort, Giles Argenten, and Roger St. John. On the same * Cl. 49 He● 3. M. 4. Dors. day he wrote to Roger Bigot Earl of Norfolk, to hinder all Combinations and Attempts to annul those Ordinances and Provisions in Norfolk and Suffolk. On the 8th of the same Month, a Letter in the King's Name was [7] Pat. 49 Hen. 3. m. 13. n. 54. The Bishops commanded by the King to Excomm●cate his Son▪ written to the Bishop of London, and the other Bishops of the Province of Canterbury, Rex venerabilibus in Christo patribus H. London, & caeteris Episcopis, etc. in which they were required to Excommunicate by name, in their several Dioceses, his Contùmacious, Rebellious Son, and other Rebels: Et est litera Duplicata per Comitem Leicestriae Justiciarium, Petrum de Monteforti, Egidium de Argenten & Rogerum de Sancto johanne: And this Letter was double, by the Earl of Leicester, Peter Montfort, Giles Argenten, and John St. John; no mention of the King. On the 26 of the same, a Letter in the King's Name was [8] Pat. 49 Hen. 3. n. 46. directed to the Major, Aldermen, Sheriffs, and the whole Community of London, Rex Majori, Aldermanis, Vicecomitibus, & toti Communitati London. Salutem, etc. wherein he thanks them for their Fidelity and Constancy to him and his friends, and desires them to continue in them, and to contribute their utmost assistance, to Suppress and Destroy his Rebels where and of what Quality soever, and their Favourers, by all ways and means they should think expedient. Signed by the King, the Earl of Leicester, etc. as before. Dated at Monemuth. On the 28th of June, a Writ was [9] Pat. 49 Hen. 3. n. 45. The King constrained t● declare his Loyal Subjects Rebels. directed to Simon Montfort the Younger, (second Son of the Earl of Leicester) Guardian of the Peace in Surrey and Sussex, in the King's Name: That whereas his Son Edward, and Gilbert de Clare Earl of Gloucester, together with John de Warenna, William de Valentia, Roger Mortimer, james Audley, and other Rebels adhering to them, had seized divers Towns and Castles, and raised New War in the Kingdom; He Commanded and Enjoined him to give his utmost help to him, and all of his Party to Destroy and Suppress those Rebels, and all others, and all their Favourers. Dated at Monemouth. The same Letters were directed to Brian Goniz Guardian of the Peace for Summerset and Dorset-shires, To Hugh Peverel Guardian of the Peace for Devonshire, to Ralph Arundel and Adam de Gurdun: Per Regem, Comitem Leicestriae, etc. By the King, the Earl of Leicester, and the others as before. All July, Montfort, with the King in his Custody, was in Herefordshire and South-Wales; in the mean time his Son Simon got together what Forces he could out of Surrey, Sussex, Kent, Hamshire, and the South of England, and [1] Paris, f. 998. n. 10. and Mat. Westm. f. 393. n. 10. Prince Edward surpriseth Montforts Son. marched toward Kenelworth Castle in Warwickshire, there to meet his Father, and join their Forces. But Prince Edward having notice of it, he and the Earl of Gloucester marched from Worcester in the night, and surprised them in their Quarters early in the Morning, on the first of August, before they reached the Castle, and took the Earl of Oxford and thirteen Bannerets Prisoners, Simon and a few others escaping into the Castle. [2] Paris ut supra. On that day the Earl of Leicester came from South-Wales, to a Manor of the Bishops of Worcester, within three Miles of it, and stayed there the day following. The Prince then returned from Kenelworth to Worcester; Montfort hearing of it, in the Evening when it grew dark, left his Quarters and went to Evesham. Next day [3] Ibid. He hindereth their joining their Forces. the Prince passed the River Avon, and intercepted all Intercourse between Montfort and his Son Simon, then at Kenelworth, and kept them from joining their Forces. On the day following, he marched toward Evesham, and came before one part of the Town, and the Earl of Gloucester with his Forces came before another part; and Roger Mortimer, with his Troops, before a third: The Earl of Leicester being thus surrounded, must either yield or fight. [4] Ibid. n. 20. Montfort defeated and slain. On the fifth of August both Armies were drawn up in a large Field without the Town; after a sharp Fight, the Baron's Army began to give way, and the Earl of Leicester was killed, and with him twelve Bannerets, Milites vexilliferi duodecim; To wit, Henry his Son, Peter Montfort, Hugh D'espenser, William Mandev●ll, Ralph Basset, Walter de Crepping, William York, Robert de Tregos, Thomas de Hostilee, John Beuchamp, Wido de Bailiol, Roger de Roulee, and many others of Inferior Degree with Foot, and in great number. And so (says Rishanger, the Continuer of Paris) this [5] Ibid. n. 30. His Character by Rishanger. Magnificent Earl finished his labours, who not only laid out what he had, but himself also, to Rescue the Poor from Oppression, to assert Justice, and the Right of the Kingdom. Sicque labores finivit vir ille Magnificus Simon Comes, qui non solum sua, sed seipsum impendit pro oppressione pauperum, assertione Justitiae, & Regni jure: And then proceeds to tell what a Religious and Devout Person he was in the Religion of those times, what Deference he gave to the Clergy, and how they loved and honoured him. And says further, it was Reported, he was famous for many [6] Ibid. n. 40. Miracles after his Death, but for fear of the King they were not published. Into this Battle, Montfort and the Barons forced the King, [7] Mat. Westm. f. 395. n. 20. The King wounded in this Battle. Exeuntes Comes Leicestriae & Barones, unà cum Domino Rege Violenter adducto) where he was dangerously wounded, by a Dart thrown at him unawares. In presenti [8] Paris, f. 999. lin. 1. bello, Dominus Rex extitit vulneratus, & Morti penè vicinus Jaculo in eum ex improviso dijecto. After this Battle we have a full Discovery of Montforts Practices to write what he pleased, A Discovery of Montforts Villainous Practice. and send forth what Writs he pleased in the King's Name, and Seal them against his Will with his Seal. King Henry would have given the place of Treasurer of Y●rk to Edmund Mortimer, when in his Custody; but against his Will, the Earl of Leicester sealed a Patent of it to Almaric Montfort; and now when the King had regained the Liberty of his Person and Seal, he Revokes that Grant as void, and gives the place to Edmund Mortimer▪ [*] Pat. 49 Hen. 3. m. 11. intus in cedula consuta. Pat. 49 Hen. 3. n. 33. Pat. 49 Hen. 3. m. 1. Cum post Bellum habitum inter nos & Quosdam fideles nostros ex parte una, & Simonem de Montiforti, quondam Comitem Leicestriae, & fautores suos ex altera apud Lewes extiterimus in Custodia prefati Simonis, & aliorum fautorum suorum, per Quod Tempore istius Custodiae, contra voluntatem nostram, prefatus Comes literas sigillo nostro, Quo non nos, sed Comes ipse utebatur pro suo Arbitrio, formari fecit, Continentes, Quod nos Thesaurariam Eboracensem tunc vacantem Almarico de Monteforti Concessimus, etc. This Grant bears Date August 7th at Worcester, two days after the Battle, and gives us the true Reason why, in the King's Name, so many Writs and Commissions issued against his Son and Friends, and against their own Interests. Upon the next day, by the Mediation of some Bishops and others, the [9] Pat. 49 Hen. 3. m. 11. The Burgesses of Hereford received into favour upon Condition. Burgesses of Hereford were received into Favour, and their Goods Protected, upon Condition they should Fine at the Kings Will, for their Transgressions against him and his Son Edward; and upon the 24th of the same Month they were [1] Pat. 49 Hen. 3. n. 38. Fined 560 Marks. The King willing to show [2] Pat. 49 Hen. 3. m. 11. Dors. Mercy and Favour to Offenders, rather than take Revenge of them, on the 26th of August, appointed Commissioners to receive into Favour all such of the Cinque-Ports that adhered to Montfort, as would submit to his Pleasure, and Compound for their Offences against him. On the [3] Paris, f. 999. lin. 3. The Liberties of London seized. eighth of September he called a Parliament at Winchester, by Advice whereof, the Liberties of the City of London were seized for their Rebellion, and the greatest Offenders committed to Prison, to be punished at the King's Pleasure. This Parliament also [4] Append. n. 223. The Parliament gave the King the Rebel's Lands. gave the King all the Rebels Lands, and he appointed two Commissioners in each County, who with the Sheriff were to Extend them, and return the Extent, with the names of the Lands, and the names of those whose Lands they were, to him at Westminster by the Feast of St. Edward (that is the 13th of October) and they were to appoint two Collectors in every Hundred to Collect Michaelmass Rend, and to deliver them a Note what it was. This Commission bears Date at Winchester the 21st of September. Paris says, The King grants them to his faithful Subjects. The King on the Feast of St. Edward Disinherited all that stood with Montfort, and gave their Lands to those that had faithfully served him, according to their Merits, f. 999. lin. 7. On the sixth of October the King [5] Append. n. 224. His Writ to the Guardians of the City of London. wrote to his four Guardians of his City of London, Humphrey de Bohun Earl of Hereford, John de Bailol, Roger de Leyburn, and Robert Walerand, That whereas the Mayor, Citizens and whole Comunity of the City aforesaid, had as well concerning their Lives, and Limbs, as their Lands, Tenements, Goods, and other things whatsoever; submitted themselves to the King's pleasure. Therefore they were to cause Proclamation to be made, That his Peace should be firmly kept in the City and parts adjoining, to preserve it from being plundered. On the same day the King [6] Append. N. 225. He makes Philip de Covel Sheriff of Middlesex. directed his Writ to all such as had Business at the County Court for Middlesex, that because he had not then appointed a Sheriff in that County, he commanded them to submit to and obey Philip de Conel, or Covel, as his Sheriff, who was to hold the Court for that day. On the same [7] Pat. 49. H. 3. N. 21. He gave the Lands of two Citizens of London to his Son Edward. day he declares he had given all the Lands and Goods of Thomas Diwelesdon, and Michael Th●ny Citizens of London, to his Son Edward. On the 15th of October the King [8] Pat. 49. H 3. M. 4. He commits the Custody of London to Hugh F●tz-Oto during pleasure. committed the Custody of the City and Tower of London to Hugh Fitz Oto, during pleasure, answering the profits of them at the Exchequer, and Roger Leyburn was commanded to deliver them, and the Citizens and Community of London were commanded to be answerable, and submit to him in all things appertaining to his Guardianship. This year died Pope Vrban the 4th, to whom succeeded [9] Mat. Westm. f. 396. N. 50. Pope Vrban the 4th dies, and Clement the 4th Succeeds. Clement the 4th, before his Consecration he was Guido Bishop of la Sabina, a Cardinal and Legat sent for England; but the [1] Ibid. f. 397. lin. 6. Ottob●n sent a Legate into England. Barons and Bishops would not suffer him to Land there when he was come as far as Bologne in France, and therefore he Excommunicated several of the Bishops. He at the Request of King Henry sent Ottobon Deacon-Cardinal of St. Adrian Legate into England, and Crowned [2] Paris f. 999. n. 50. A. D. 1266. 50 Hen. 3. Those that were forced to serve against the King had their Lands restored Charles Brother to the King of France, King of Sicily at Rome. Many persons pretended and pleaded for themselves, That against their Wills they were forced into the Service of Simon Montfort: The King directed his Writ to the [3] Claus. 50 H. 3. M. 10. Dor. Sheriffs of several Counties to make Inquisition whether it was so or not, and if found to be so, they had seisin of their Lands again, so as they stood to Right in the King's Court. Dated November 6. The men of the Cinque-Ports that were the King's Enemies and had taken part with the Earl of Leycester, committed Rapine and Piracy at Sea: The King [4] Claus. 50. H. 3. M. 9 Dor. wrote to the Bailiffs and Good men of Yarmouth to set forth 20 Ships, with 40 men in every Ship at least, to be at Sandwich by the first of January, to Chase, and Fight with and take his Enemies. Dated November 24. The City and Tower of London and County of Middlesex, with all Appertinencies, were [5] Pat. 50. H. 3. M. 41. n. 117. The King appoints two Keepers of London during pleasure. committed to the Custody of John Walerand, and John de la Lind, during pleasure, to answer the Profits arising from them at the Exchequer; and Hugh Fitz- Oto was commanded to deliver them. Dated November 28. The King sent his [6] Claus▪ 50. ● 3. M. 8. Dor. He commands all his Military Tenants to attend him at Northampton. Precepts to all the Sheriffs in England, to make Proclamation in their respective Counties, That all who held of him in Capite and ought him service, should be at Northampton on the 27th of January, to go against his Enemies in the Castle of Kenelworth and other Stragglers that would renew the War if not prevented. Dated December the 20th at Northampton. The Abbot of Peterburgh [7] Ibidem. made fine, and compounded with the King for this Expedition only, at Fourscore Marks. The King at [8] Paris f. 1000 n. 20. Simon Montfort the younger submits to the King's pleasure. Christmas was at Northampton with his Queen, The King of Almain, and the Legate, by the mediation of friends, Simon Montfort the younger, submitted himself to the Judgement of the Legate, the King of Almain his Uncle, and Philip Basset, and left it to them to make what Terms for him they thought fit with the King, saving to himself his Life and Limbs, and excepting perpetual Imprisonment. Simon was brought to the King, and it was [9] Ibid. n. 30. Kenelworth Castle refuse to yield. Determined he should deliver the Castle of Kenelworth to the King, and departed the Kingdom, and receive out of the Exchequer every year 500 Marks, until there should be a Peace established. But those within the Castle, not liking these Conditions, would neither yield it to the King nor Simon; who was yet under a Guard, and said they received not the Castle to defend from Simon, but from the Countess his Mother, and would surrender it to none but her, and that in her presence. The Citizens of London made [1] Pat. 50. H. 3. M. 35. Cedula. The City of London Fined, and pardoned and restored under Conditions. Fine to the King for their Offences toward him, his Queen, Richard King of Almain his Brother, and his Son Edward 2000 Marks, for which he pardoned their Transgressions and Excesses, omnes Transgressiones & Excessus eisdem Civibus, etc. remittimus, & pardonamus, etc. And gave them leave to receive the Rents of their Houses and Tenements, within the City and without, due from Christmas then last passed: and granted they should have the Goods and Chattels of such Malefactors as had been against himself, or his Son Edward in the late War, and had been, or were to be indicted, Except the Goods and Chattels of those whose Bodies he had given to his Son Edward. Exceptis Bonis & Catallis eorum quorum Corpora eidem filio nostro concessimus. And except the Houses, Lands, and Rents, which were or aught to be his Escheats, by reason of the Offences of the Owners; and Granted all Prisoners should be Released, except such whose Bodies he had given before to his Son, and except such Prisoners as were taken by the Citizens, and had been, or were to be Indicted. Also that all Pleges of Citizens, for the security of the City which had been delivered to the King, except such as were Pleges or Hostages to his Son for his Prisoners, and except the Pleges of Citizens that were fled. And further he Granted the Citizen's liberty to trade by Land or by Sea, as freely as they had done in former times, free from Custom, Toll, or Payage, until the state of the City should fully be settled by his Council, or by his Advice. Quousque de Statu Civitatis praedictae de Consilio nostro plenius Ordinetur. And directed, That no Citizen who in the late Troubles appeared by manifest proof to have been Enemy to himself or Son, for the future, should remain or be Conversant in the City. Dated at Northampton the 10th of January. There was an [2] Ibidem. Order from the King to John [2] Ibidem. Walerand, and John de la Lind his Guardians of the City of London, reciting, That whereas he had received into his Peace, or Favour, the Citizens of London, according to a Form Granted in his Letters Patents, That they should release the Pledges of the Citizens they had in their custody, and permit them to go whether they would, Except, etc. Witness the King at Northampton the 11th of January. The like Letters were directed to the Constable of Rochester Castle, with the same Teste. All the [3] Pat. 50. H. 3. M. 29. Dor. The Disinherited had a time set to make their peace with the King. Disinherited, (for by that name now all the Rebellious Barons and their Confederates were known and distinguished) had leave and safe conduct to come to the King until Easter, to Treat with him, and make their peace, and to return without injury or affront to the place from whence they came. Witness the King at Westminster the 11th of February. The King [4] Pat. 50. H. 3. M. 24. wrote to the Bishops and all other Praelates, (that is, Abbats, Priors, etc. these were called Praelati) in England▪ That when he was in the Custody of Simon Montfort, they had Collected a [5] Claus. 48. H. 3. M. 3. Dor. Dated the first of September, by which Record it appears to be so. Tenth of all the Church Revenues in England for one Year, for the Defence of the Kingdom, and Church of England, as it was said (pro Defensione Regni Angliae & Ecclesiae Anglicanae, sicut Dicebatur,) He now being willing it should be expended for the true defence and profit of them both, commanded them to pay the Tenth so Collected, unto the Bishops of Bath and Wells, and Lichfield and Coventry appointed receivers of it by himself and Ottobon the Legate, according to the Form of the Mandate of the said Legate to them directed. Witness the King at Westminster the 15th of March. The King's Forces though they were before [6] Paris f. 1000 n. 30. Kenelworth Castle refuse to submit. Kenelworth Castle, yet they had not so straightened it, but the Defendants, which were very numerous [7] Claus. 50. H. 3. M. 5. Dor. Their barbarous usage of one of the King's Messengers. made Excursions, plundered and burnt the Countries, and took one of the King's Messengers passing by them, and cut off his Hand, and in contempt of the King sent him to him. [8] Ibidem. (Quendam de nunciis nostris, nuper per partes illas transeuntem, (that is, by Kenelworth Castle) Ceperint & ei manum truncarint, ac ipsum sic truncatum & turpiter Mutilatum, ad majorem nostri contemptum ad nostri praesentiam transmiserint, etc.) [9] Ibidem. He resents it very ill. To revenge such an impious affront the King commanded all and singular (omnibus & singulis) the Sheriffs of England, should publish in their Counties, and all Market-Towns of their Counties, and also then and there make Proclamation, That all who ought him Service, should Personally appear with Horse and Arms, and besides their Service, with all the Force they could make to Oxford within three weeks after Easter, to go with him against his Enemies and Rebels in Kenelworth Castle and other where, and ordered Watches to be set in Towns and burgh's of every County, that if any of his Enemies passed through them, they might be arrested and delivered to the Sheriff, and if they would not or could not be taken, than the Watchmen and others to levy Hue and Cry every way, and follow them night and day with the Inhabitants of the Towns through which they passed, until they were taken. Dated at the same time and place as the last. April 30th, this year [1] Pat. 50▪ Hen 3. m. 1● m. 49. The Kings Grant to th● City of London to choose a Sheriff for Middlesex. the King Granted the Barons and Citizens of London might choose one of their Fellow Citizens, who had been Loyal to him, and his Son Edward, (Qui nostrae & Edwardi primogeniti nostri fidelitati hactenus adhaesit) to the Office of Sheriff of Middlesex, and Keeper or Guardian of the City of London, so as he should be presented at the Exchequer, and take his Oath of Fidelity or Fealty (Sacramentum Fidelitatis) there as had been accustomed, and should also answer the Farms of them at the Exchequr, as the Sheriffs of Ancient Time had done. Dated at Northampton, 30 April. It was spread [2] Cl. 50. Hen. 3. m. 5. Dors. about the Kingdom, that the Barons and Confederates were Disinherited without Judgement of the King's Court, in Detraction to his Justice. He therefore caused Proclamation to be made in all burgh's and Market-Towns, He promised remedy to such as found themselves injured. that if any of them found themselves injured by himself, or any of his Councillors, in that behalf, he should come to his Court, and do and receive Right, according to the Law and Custom of the Kingdom. Witness the King at Northampton, May 3d. Nay so just he was, that when [3] Cl. 50. Hen. 3. m. 10. Dors. An instance o● his Justice. Robert de Andewerk was accused by his Enemies, that he was in Arms against him and his Son, yet he would not give his Lands to any one, until it appeared by Inquisition it was so. The Continuer of Paris [4] f. 1000 n. 40. speaking of the Accommodation, that was to have been perfected between the King and young Simon Montfort about Christmas, when it took not effect, says, the King went and besieged Kenelworth Castle, which held out against him half a year, yet at last for want of Victuals was surrendered to him, His kindness to the Defendants of Kenelworth Castle. saving to the Defendants their Lives and Limbs, and necessary Goods. And adds, it was a wonder the King should be so kind to them, when as they had wasted the Country, and defended the Castle against him in the middle of his Kingdom, and but a little before cut off an Hand of one of his Messengers, they had taken, and then sent him to him in scorn. According to this Relation, 'tis probable, the Castle was surrendered about the middle, or toward the 20 th'. of July: for by a [5] Cl. 50. Hen. 3. m. 2. Writ dated the 21st of that Month, directed to the Sheriff of Stafford and Shropshire, not to disturb, or suffer to be disturbed several therein named, who were admitted to the King's Peace, by the Bishop of Lichfield and Coventry in his own Diocese, according to the King's Commission to that purpose, he was then in the possession of it. The same Historian [6] Vt supra. n. 50. The Disinherited enter the Isle of Ely. tells us, That on the Eve of St. Laurence, August the 9th, the Disinherited entered the Isle of Ely, having first Wasted and Plundered the Counties of Huntingdon and Cambridge. Soon after the King [7] Pat. 50. Hen. 3. m. 7. Dors. wrote to the Inhabitants of Essex and Hertfordshire, to assist John de Burgh, and other Loyal Men, that he had appointed to pursue, take and imprison his Enemies, that had gotten into the Isle of Ely, with Horse and Arms, and all their Force, as the said John and others should direct. Witness the King at Kenelworth the 18 of August. Upon the [8] Pat. 50 Hen 3. m. 9 Dors. Answer to Mr. Petyts Rights of the Commons, etc. f. 34, 35, 36. A Parliament called at Kenelworth. Octaves of the Assumption of the Blessed Virgin (that is August 22d) at the Request of Ottovon the Legate he summoned his Parliament to meet at Kenelworth, where it was Agreed and Granted by Common Assent of the Bishops, Abbats, Priors, Earls, Barons, and all others, that Six Persons, That is to say, the Bishop of Excester, the Bishop of Bath, the Elect of Worcester, Sir Alan Zouthe, Sir Roger Suine●y, and Sir Robert Walerand, by their Oath there made, should choose Six others, no ways suspected, who knew best, and would according to their understanding, do what was best for the Security and Peace of the Land: To which Twelve was committed the Case and Fact of the Disinherited, Dictum de Kenelworth where and upon what what account made. with Full Power from the King and Great Men to Determine and Conclude concerning it, which Determination was called the Dictum [9] In Biblioth. Cotton. Claud. D. 2. f. 132. ●. the most perfect amongst the old Stat. of Ber●●lats Edition 1540 in 2d Part. p. 66. b. imperfect, and in the Old Statutes at large. Who were to compound for their Estates. de Kenelworth; and if there arose any Difference between the Twelve, that was to stand Good and Firm, which received the Assent and Approbation of the Legate, and Henry Son to Richard King of Almain; and they were to finish their Work by the Feast of All Saints. This Determination or Award was made to better the Condition of the Disinherited, and to turn the Forfeitures and loss of their Estates into a Composition for them; and therefore All who began the War, and persevered in it. All who violently and maliciously kept Northampton against the King. All that Fought against the King at Lewes. All that were taken at Kenelworth, under the Command of young Simon Montfort, who had Plundered Winchester, or were in any other place against the King which he had not pardoned. All fight against him at Evesham. All that were in the fight at Chesterfield. All that freely sent their Service, (that is, their Horse and Arms) against the King or his Son. All Bailiffs and Servants of the Earl of Leicester, that plundered their Neighbours, burnt their Houses, or killed them, or did other mischiefs. What their composition was. Should pay the value of their Lands for five years; and if they paid it, they were to have their Land again. The Money was to be paid at two or three short payments; if they paid the whole, all their Land was delivered; if half, then half; if a third part, than a third part; if they were not able to pay, the Lands were to remain in the hands of those the King had given them, till the Money was raised; and out of these Compositions, by the persuasion of the Arbitrators, the King was to gratify such as had done him faithful Service. The Earl Ferrars, and Henry Hastings, were to pay seven years' profits of their Lands. Those who had committed less Faults than those above named, Such as had no Lands wer● to be punish●ed in their Goods. compounded for, or were fined, three years, two years, one year, or half a years, Rend of their Lands according to the Nature of their Offence; Those that had no Lands were punished in their Goods. All Obligations, Writings or Instruments made by the King or his Son concerning Oxford provisions, or made or entered into by any of the King's faithful Subjects, by reason of the Troubles, were declared null and void by this Award: Whereby it was declared, the King might and ought to exercise his Royal Power and Authority, without the set, or contradiction of any one, by which, contrary to the Laws and Customs of the Land, which had long obtained, his Royal Dignity might be offended: Yet the Great Charter, and Charter of the Forest, were to remain in full force by this Judgement. The Commissioners humbly beseech the King and Legate, None to call Simon Montfort a Saint. that under danger of Corporal Punishments, and Ecclesiastic Censures, they would strictly forbid any to speak of Simon M●ntfort as a Saint, or to spread abroad the vain and foolish Miracles reported of him. They also reverently and humbly beseech the Legate to Absolve the King, and all others of the Kingdom both great and small, All who had sworn to observe the Oxford Provision to be Absolved. from the Oaths they had taken to observe certain Charters (concerning Oxford provisions) to the observation whereof they were bound by the Sentence of Excommunication pronounced against such as did not observe them. This Award, or Dictum de Kenelworth, A. D. 1266. 51 of Hen. 3. who began his Reign, Octob. 19 was finished and published in the Castle of Kenelworth, on the 31 of October, in the year of Grace 1266, and of the Reign of King Henry 51. This Award had not its desired Effect, The Disinherited in the Isle of Ely would not submit. for many of the Disinherited, that had got into the Isle of Ely, as was said before, continued there, and made Excursions, and wasted, and plundered the Countries round about, and would not submit unto it. Hereupon [1] Paris, f. 1001. n. 40. Bishops that favoured Simon Montfort excommunicated by the Legat. the Legate called a Council at Northampton, and Excommunicated all the Bishops and Clercs which favoured Simon Montfort, and gave him Assistance against the King, and by name John Bishop of Winchester, Walter of Worcester, Henry of London, and Stephan Bishop of Chichester; the Bishop of Worcester died, Febr. 5 th' next following, and the other three went to Rome to Beg the Pope's Favour: At the same time also, he Excommunicated all the King's Adversaries whatsoever. After that he sent [2] Ibid. ●. 1003. n. 30▪ 40, 50, and f. 1004. lin. 1. The Disinherited in the Isle of Ely admonished by the Legat. Their Answer to him. Messengers to the Disinherited in the Isle of Ely, and admonished them to return to the Faith and Unity of the holy Mother Church. To this they answered, They firmly held the same Faith they learned from the holy Bishops, Saint Robert (that is Grostest or Grouthead, of Lincoln) St. Edmund, and St. Richard, (both Arch-Bishops of Canterbury) and other Catholic men, That they believed the Articles of Faith contained in the Creed; the Gospels also and Sacraments, which the Universal Church held and believed, they did Believe, and in that Faith would live and die. Secondly, He admonished them to return to the Obedience of the Roman Court: (Romanae Curiae). To this they Answer, They did Obey the Roman Church as the Head of all Christianity, but not the Lust, Covetousness and Exactions of those that aught to Govern it. Thirdly, He admonished them to return to the King's Peace, according to the late Award. To this they Answer, First, That the Legate was sent into England to make Peace, but he rather kept up the War, because he manifestly joined with the King's party and encouraged it, and in so doing, maintained the War. Secondly, they Answer, The Award was void, for that the Pope commanded the King and Legate that none should be Disinherited, and they had such a Fine set upon them as it amounted to a Disinheriting. Fourthly, He admonished them to receive Absolution from the sentence of Excommunication pronounced against them according to the Form of the Church. To this they Answer, Their first Oath (that was to maintain Oxford provisions) was for the Advantage of the Kingdom, and the whole Church, and all the Prelates of the Kingdom thundered out the Sentence of Excommunication against all those that should act contrary thereto; that they resolved to stand to that Oath, and were ready to Die for it, and Exhort the Legate to revoke his Sentence, otherwise they would Appeal to the Apostolic See, or to a General Council, or the Supreme Judge. Fifthly, He admonished them not to commit any more Roberies, nor damnify any one. To this they answered, That when as they fought for the Benefit of the Kingdom and Church, they ought to live upon the Goods of their Enemies which detained their Lands. From Answering, they proceed to [*] Ibid. n. 10, 20. They urge the Legate to admonish the King. Their insolent Demands. urge the Legate to admonish the King to remove Strangers from his Council, and they themselves admonish the Legate, that their Lands may be Restored without Composition, that Oxford provisions might be observed, that they might have Pledges or Hostages sent them into the Isle for Security, that they might peaceably enjoy it for five years, until they saw how the King would keep his promises; and then make the same Complaints that Montfort and the Barons made many years before, and enumerated the common pretended Grievances of men of their temper, and desire they might be Redressed. A. D. 1267. 51 Hen. 3. Toward the Spring the King was in extreme want of Money, and the Legate being in the Tower of London, he wrote to him from Cambridge to receive all the [3] Pat. 51 Hen. 3. m. 24. Dor●. The King forced to pawn his Jewels for money. Jewels, and other precious things he had there, and in the Abbey of Westminster, and to pawn for as much as he could, and caused those that had them in their Custody, to deliver them to him; and in the same Letter wrote to him, that concerning the State and Liberties of the City of London he would do what was expedient (in instanti Parliamento apud Sanctum Edmumdum) in the Parliament forthwith to be holden at St. Edmund's Bury. This Letter is Dated, March the 8th, Teste Rege apud Cantebrigiam. Some, or it may be all the Transactions of this Parliament, the [4] f. 1002. n. 30, 40, 50. Continuer of Mat. Paris relates thus, (though somewhat preposterously, which is a frequent fault in their Historians) The King caused to be summoned the Earls, Barons, Arch-Bishops, Bishops, Abbats, all that ought him Military Service, A Parliament called at St. Edmund Bury▪ to meet at St. Edmund's Bury with their Horse and Arms, to go against those which against his Peace had seized the Isle of Ely; All others obeyed the King's Command, but the Earl of Gloucester, who was in the Confines of Wales raising a great Army, and did not come. John Waren and William de Valentia were sent to admonish him to come (ad illum Parliamentum) to that Parliament, but could not prevail. They could only obtain his Letters Patents sealed with his Seal (literas patentes, sigillo suo signatas acceperunt) in which he promised never to bear Arms against his Lord the King, nor his Son Edward, unless in his own Defence. When those that were summoned to the Parliament met, (Abadunatis, Qui ad Parliamentum citati fuerant) except those in Rebellion. The King and the Legate required their compliance with these Articles. First, That the Prelates and Rectors of Churches, What demands were made by the King and Legate, and the Answer to them. should grant them (sibi conciderent) the Tenths of their Churches, for three years' next to come, and for the year last passed, as they gave the [5] In September the 49 of Hen. 3. See in the year before. Barons to keep the Coast against the Invasions of Strangers. To this they answered, That the War began by Evil Desires, and did then continue, and for that Reason it was necessary to lay aside these Evil Demands, and Treat of the Peace of the Kingdom, and make use of the Parliament to the Benefit of Church and Kingdom, and not to Extort Money, especially, when the Nation was so much destroyed by War, that if ever, it must be a long time before it could recover itself. Secondly, They required the Churches might be [6] Paris, ut supra. Taxed by Laymen, according to the just and true value. They answered, It was not reasonable, but contrary to Justice, that Laymen should meddle with Collecting of Tenths, nor would they ever consent to a new way of Taxing, but that the old should stand. Thirdly, That the Bishops and Abbats would pay the Tenths of their Baronies and Lay-fees fully according to the true and highest value. To this they answered, They were impoverished by [7] Ibid. f. 1003. lin. 1. Depredations and Plundering, That they followed the King in his Expeditions, and spent so much Money, that they were grown very poor, and their Lands lay Untilled by Reason of the War. Fourthly, They required that all Clercs, [8] Ibid. n. 10. holding Baronies or Layfee, should go armed in their own Persons against the King's Enemies, or find so much Service, (Tantum Servitium) as belong to their Land or Tenement. To this they answered, They ought not to fight with the Material, but Spiritual Sword; to wit, with Prayers and Tears. And that by their Benefices or Fees, they were bound to maintain Peace, not War. And that they held their Barony in Frank-Almoign (in puris Eleemosynis) in pure Alms, and therefore ought no Military Service, but what was certain, and would not perform any that was new. Fifthly, They required on the behalf of the [9] Ibid. n. 20. Pope, That with all speed the Expedition of the Cross might be Preached through the whole Kingdom. To this they answered, That a great part of the People had been killed in War; and that if now they should undertake the Crusado, few or none would be left to defend the Nation. At last it was said, that the [1] Ibid. Prelates, Will they, Nill they, were bound to comply with all these Demands, by the Oath they had taken at Coventry, that they would assist the King by all means they might or could. To this they answered, That when they made that Oath, they only meant it of Spiritual help and wholesome Counsel. (Quando Juramentum fecerunt non intelligebant de alio Auxilio quam spirituali, Consilioque salubri.) What was done further in Parliament I find not, there was then no attempt made against the Disinherited within the Isle of Ely, only they were, [2] Mat. West. f. 198. n. 20. restrained from making Excursions by the Forces the King had with him at Cambridge. In the mean while the [3] Ibid. n. ●0, 40. The Earl of Gloucester enters London with a great Army. He sent to the Legate to deliver up the Tower to him. Earl of Gloucester came with a great Army out of Wales to London, and pretending to serve the King, by the help of the Citizens that were his Friends, entered the City, and sent to the Legate to Deliver the Tower to him forthwith, and prohibited all people to send in any Provision or Victuals to him. The Rabble of the Cities, and Country near it, joined with him, they Plundered and spoilt what Citizens they pleased, that they thought were not, or they would not have their friends, wasted the Countries, and Robbed, and Pillaged by Water and Land. The King when first he heard of his preparations, sent into the North and other parts for Recruits, and his Son [4] Ibid. f. 399. lin. 4. The King raises an Army to reduce him. Edward brought from thence and from Scotland to his Father at Cambridge 30000 Men, with which, leaving a sufficient Guard there against the Disinherited in the Isle of Ely, they marched to Windsor, where their Army Daily increased. [5] Ibid. lin. 6, 7, 8. The Earl with his Company in London began to fear the King, and sent a Message to him for Peace, upon their own Propositions, which they could not obtain. Then they Challenged and provoked the King to a Battle upon Hundeslawe (now Hunds●o) Heath. Next Day the King Marched thither but found no Enemy. From thence the King Marched to [6] Ibid. n. 10. Stratford, where came to him the Earls of Bolongn and St. Paul out of France, with 200 Knights and their Retinue; the Gascons likewise, with many great Ships furnished with all sorts of Warlike, Naval Arms, fit for fight, arrived near the Tower, expecting the King's Command. [7] Ibid. n. 20 The Earl seeing he could not get the Tower out of the Legates Hands, and that his Army was like to be shut up in the City, applied himself to Richard King of Almain, and Philip Basset, [8] Pat. 51. Hen. 3. M. 16. n. 49. De pace inter Regem & G. Com. Gloucestr. He sues for peace and pardon and obtains it for himself and his followers. who made his Peace with the King, he resolving to believe whatsoever they should say of, or for him. By which Peace he and all his Retinue, and the Company with him, the Londoners likewise, and all his favourers were [9] Ibid. Pardoned for all Deeds done, from his first motion out of Wales, as well by Water as by Land, in the City, and without, and in divers Counties, which Pardon was not to Extend to the Disinherited that were not in the King's Peace, the Day the Earl began to March from Wales toward London; And that the King might be assured he never should make War against him afterward, he [1] Ibid. What security he gave t● King for his future beha●viour. offered his Oath, his Chart, Pleges, and the penalty of 10000 Marks for security. This Accord bears Date at Stratford, June the 15 th'. the 51st. year of this King's Reign, and the Pardon June 16 th'. From the beginning of April when he set forth from Wales, to this time, he had been harrassing of the Countries wherever he came, and the City during his being there. The King seeing he could not prevail with the Bishops and other Prelates to assist him with Money in his very great Necessity, The Bishops refuse to as● the King wi● Mony. applied himself to the Pope, who by his [2] Cart. 5 Hen. 3. M. 1▪ in C●dula. Bull, wherein he recites all the affronts and injuries done to the King, Queen and Prince, by the Barons, and the Miseries that befell them and the whole Kingdom and Church by those Wars, with the King's Extreme want of Monies and Debts by reason thereof, and the necessity of supplying him for the better support and defence of his Kingdom, the Churches, and his People's Liberties; Especially by the Clergy, The Pope granteth the King a tenth of all Ecclesitastic Reven●nues for thr● years. who had received such Bountiful Gifts and Endowments from him and his Ancestors, Granted the Tenth part of the Profits and Rents of all Archbishoprics, Monasteries, and all Ecclesiastical persons whatsoever, as well Regular as Secular, Exempt as not Exempt, in England Wales and Ireland, for three years, according to the true and highest value, notwithstanding all former Bulls and Exemptions to the contrary, This Bull was Dated at Viterbo in Italy 5. Idus Junii (9 th'. of June) in the 2 d. year of his Pontificate, which was A. D. 1267. the 51st. of this King, and Directed to his Legate Ottobon, but not put in Execution until after Christmas following. The English and Welsh every year almost, and sometimes often in the same year, made inroads into each others Countries, The Welsh and English destroy one ●others Country's. fired and burnt Houses, took possession of each others Lands and Goods, and more especially spoiled and wasted the Borders on both sides; of which Actions seeing they were Ordinary and frequent, I have not taken notice for many years. But Lewelin Son of Griffin having been a great Friend to Montfort, The King designed to chastise Lewelin Prince of Wales. and a great support to him in his Rebellious practices, in September this year the King came with a great Army to Shrewsbury, with Design to March into Wales, and Chastise him for his Unfaithfulness to him; who now wanting the help of the Rebellious Barons by Diverting the King, applied himself to the Legate, He desires peace and obtains it. by whose Mediation a Peace was made, [3] Cart. ●1 Hen. 3. M. ● De Reform●tion● pa● i●ter Regem ● Lewelinum Principem Wallia. The Article of the peac● so as all Lands should be restored on both sides, and that the Customs of the Marches should still remain; That King Henry should grant unto him and his heirs the principality of Wales, and that they should be, and be called Princes of Wales; That they should receive the Homage and Fealty of all the Barons of Wales, who were to hold their Lands of them in Capite, except the Homage of Meredu● the Son of Rhese, which the King retained to him and his Heirs; and if ever the King should grant it to him he should pay for it 5000 l. He likewise Granted him the four canters of Borthwlad, to hold and possess them as fully as ever the King and his Heirs had possessed them. For which Principality, Lands, Homages, and Grants, the same Prince and his Successors were to swear Fealty, and do Homage, and perform the accustomed Services due to the King and his Heirs, as they had been done by him and Predecessors to the King and his Ancestors. And further was to give him 25000. Marks. This Agreement bears Date at Shrewsbury, 25 th'. of September, 1267. The Record is long, but this is all that is material in it. A. D. 1268. 52 Hen. 3. The Pope having in his Bull of the Grant of the tenths of all Archbishoprics, Bishoprics, etc. before mentioned, Commanded his Legate to Collect or Receive it, or cause it to be Collected or Received by other fit persons; [4] Cart. 51. Hen. 3. M. 10. in Cedula. The Legate appoints Collectors of the tenth lately granted. He assigned Walter the Elect of York, Stephen of Canturbury, and Ruffin Clivel Arch-Deacons, in that Church to receive and pay it to the King, one third part at Easter following, another third part at Midsummer, and the last at Michaelmass, and so for every of the three years, and the King by the Assignment of the Legate appointed [5] Pat. 52. Hen. 3. M. 32. intus & M. 33. Collectors of this tenth in every Diocese. The Dean and Chapter of Salisbury [6] Pat. 52. Hen. 3. M. 9 intu●. Salisbury and Bath and Wells compound by the year with the King. compounded with the King for 1000 l. a year for all the tenths arising out of that Diocese, and the Dean and Chapter, Abbats and all the Clegy of the Diocese of Bath and Wells [7] Ibid. M. 2. intus. compounded with him for 500 Marks down, and 350 l. 4 s. ob. each year for their own tenths. The King with his Army this year Marched [8] Paris fol. 1004. n. 30.40. The King Marcheth against the disinherited in the Isle of Ely. He soon reduced or dispersed them. toward the Isle of Ely to reduce or disperse such as had taken refuge there, and by the assistance and advice of such as inhabited thereabout, he made Bridges with Planks and Hurdles at convenient places, so that the Soldiers with little difficulty entered the Isle, and presently brought many of them to the King's obedience, and put the rest to flight. In the year 1269. King Henry was at London [9] Ibid. fol. 1005. lin. 1. A. D. 1269. Edward and Edmund the King's Sons undertake the Cross. with his Queen and Ottobon the Legate, who called a Council at London, and there constituted many things for the Reformation of the Church of England. Soon after at Northampton he signed with the Cross Edward and Edmund the King's Sons, the Earl of Gloucester, and many other Noblemen of England, and then with an inestimable Treasure returned to Rome. At the same time the King [1] Ibid. n. 10. The King's Proclamation for the security of his subjects goods. caused it to be proclaimed throughout all England in every County, that whoever should invade or injustly usurp any one's goods or possessions, he should be liable to a Capital Punishment which was soon after executed upon one at Dunstable, who had driven away twelve Oxen that were the Villains of Colne, belonging to the Abbey of St. Alban, who pursued him and took him, and brought him before the Baylif of the Liberties of St. Alban, who read to him in English the King's Letter before the whole Multitude, and then by virtue of the King's Command, Sentenced him to be beheaded. This year the King of [2] Ibid. n. 20. The King of France his invitation to Prince Edward. France sent Messengers into England to invite Prince Edward to accompany him into the Holy-Land; Prince Edward accept his offer. to whom the Prince replied that the late Wars between the King and his Great-men had exhausted the English Treasury, so that he had not sufficient to supply his necessary Expenses for such an Expedition. The King of France offered, that if he would comply with his desires, he would furnish him with 30000 Marks; To which Prince Edward consented, and forthwith offered Gascoigny as security for his Money▪ and then came into England to obtain leave of his Father King Henry, which he granted with Tears and gave him his Blessing. In the same year [3] Fol. 100L lin. 4. A Parleme● at Merleber● Statutes m● there. in the Octaves of St. Martin (or the 19 th'. of November) a Parliament was held at Marlebergh, in which by the Assent of the Earls and Barons were made the Statutes of Merlebergh, in quo assensu Comitum & Baronum edita sunt Statuta quae de Marleberwe vocantur. In the year 1270. King Henry [4] 1006. n. 10. A. D▪ 1270. Prince Edmund Marri● with his Queen and the Chiefs of the Kingdom was at Christmas at Eltham. On the eighth of April Edmund the King's Second Son Married Auelin the Daughter of William de Albamarla Earl of Holderness. This whole year proved very quiet and peaceable, Prince Edward's preparation for t● Holy-land. and nothing memorable happened, only the great Preparation Prince Edward, and others who had undertaken the Cross made for their Journey to the Holy-land. The King as well as [5] Append n. 226. King Henry signed with the Cross. He commits his Cross a● aid to his S● Prince Edward. Prince Edward was Signed with the Cross, for this Expedition, but the Prelates, Great-men and Community of the Land did not think it expedient nor safe for them both to be absent at that time, and therefore by the advice of the said Prelates and Great-men, he committed the business of the Cross and the Sign of his Cross to his Son Edward, and all the twentieth part of Movables granted for the Aid of the Holy-land. In the year 1271. King Henry [6] Paris f● 1006. n. 30▪ A. D. 127● with his Queen, Sons and many of the Nobility, kept his Christmas at London. On the Second of April [7] Ibid. 1007. n. 30. Richard Kin● of the Roma● died at Ber●chamsted Cas● Richard King of the Romans died at Berkamstede Castle, His heart was buried in the Friar's Minors Church at Oxford, and his Body in the Church he built at his own Charges for the Monks of the Cistercian Order de Hailes. In May following Prince Edward, his Brother Edmund, Prince Edward gins his Journey 〈◊〉 the Holy-la● He lands at Tunis and is kindly received by the King of Fran● four Earls and as many Barons, besides a great number of Noblemen, began their Journey to the Holy-land, and after ten days sail from France, he landed at Tunis, where he was met by the King of France and his Chief men, with great joy and kindness. [8] Fol. 10● n. 40. In August Diseases and great Infirmities seized and afflicted the French Kings Army, which took away many of great Note, whereof the Chief were John Earl of Nevers the King's Son, and the Cardinal of Albania the Apostolic Legate, and on the day after St. Bartholomew King Lewis [9] Ibid. n. 5 The King o● France dies at Tunis. departed this life at Tunis. At the same time Henry the Son of Richard King of the Romans desired leave of his Cousin Prince Edward to return into England, and having obtained Licence in his Journey homeward, he was [1] Fol. 1007. n. 20. Prince Henry slain at Viterbo. slain at Viterbo while he was at Mass in the Church of St. Laurence, by Guido the Son of Simon Montfort Earl of Leycester, to revenge his Father's death. All these misfortunes could not discourage [2] Ibid. n. 30. Prince Edward from proceeding in his Journey to Acon, where Alienor his Wife was brought to bed of a Daughter which was Named [3] Fol. 1006. n. 30. Joan de Acres Prince Edward's Daughter born at Acon. joan de Acres, afterwards Married to Gilbert Earl of Gloucester. When the English saw the undaunted Spirit of their Prince, they resolved cheerfully to accompany him in all his undertake. In the year 1272. while Prince [4] Fol. 1007. n. 40. A. D. 1272. Prince Edward escapeth a great danger at Acon. Edward continued at Acon, the Admiral of joppa (or Consul, as we call that Dignity,) sent to him several Letters and Messages of Friendship and kindness by one Anzazim, who had been ever Educated underground, that he might prove the more undaunted in any Attempt of desperate wickedness. One time he pretended to have some private business to Communicate to him, upon this the Prince Commanded all that were present to retire, and as he was looking out of the Window, on a sudden the Assassin drew out a poisoned Knife, and gave him two wounds in the Arm, and one in the Arm-hole. The Prince having presently recovered himself, threw him on the ground, and then snatched the Knife out of his hands, and immediately killed him with it. Others report he beat out his Brains with a Stool that was next him. Then he called in his Friends and Servants, and related to them what mischief had befallen him, and Commanded the Body of the Assassin to be Hanged upon the Walls of the City, with a live Dog by it, to be a Terror to others. When the Admiral heard of it he shown great sorrow, and assured the Prince he was no way Privy to it. But when the Soldiers heard how their Prince was wounded, they resolved to have revenged themselves upon the Saracens, but were hindered by the Prince. Next year there arose a great quarrel between the [5] Fol. 1008. n. 40.50. A. D. 1273. A great quarrel between the Citizens of Norwich and the Monks. The Cathedral burnt. The Citizens punished. Citizens of Norwich and the Monks, which was increased to such a height that the Citizens set fire to the Church, which together with the adjoining Buildings were all consumed, except the Chapel of St. Walter nigh the Infirmary, and sacrilegiously carried away the Holy Vessels and other Utensils, and their Books which escaped the Flames. The King was much moved at this wickedness, and sent Justiciary Tribet down to Norwich, who Convicted a great Multitude of the Offenders, and Condemned them all to be drawn at Horses Tails and Hanged. Soon after the King went thither in person, and when he beheld the Ruins of the Church, he could scarce refrain from Tears. The Bishop of Rochester Excommunicated all that were concerned in, or abetted this wickedness, and the King Condemned the Community of the Town to pay 3000 Marks of Silver, And fined. towards the rebuilding of the Church, besides Ten pounds in Gold, and the value of one hundred pounds in Silver for a Golden Cup, ad restaurandam Cuppam Auream. Matt. Westminster, says they were drawn and Hanged Judicially, and then burnt, and the Goods of those that fled Confiscated. For the due Prosecution of these Criminals, the King sent his [6] Pat. 56. Hen. 3. M. ● intus. The Knights and Freeholders of Nor●folk and Suffolk summoned to meet the King at Norwich. As also the Knights and freeholders Cambridge a● Huntingtonshires. King Henry falls sick. Precept to William Gifford Sheriff of Norfolk and Suffolk, Dated September the 6 th'. at St. Edmunds-Bury, to Summon all the Knights and Freeholders' of both Counties that had twenty pounds a year and above, to appear before him at Norwich on the 15 th'. of the same Month, to do as they should be directed by him, with advice of his Council. The same Writ issued to the Sheriff of Cambridge and Huntingtonshires', to summon Twenty four Knights and Freeholders', Milites & Libere tenentes that had Twenty pounds a year or above, to be at Norwich the same day. Then the King returned to London, and as he passed by the Abbey of St. Edmund's, he was seized on by a languishing distemper which never left him as long as he lived. In his sickness the [7] Paris. 1009. n. 10. And dies. Earls, Barons and Prelates, came to him that they might be present at his death. He desired his Debts might be first paid, and what remained might be given to the relief of the Indigent. He died on the Feast of St. Edmund (or the 20 th'. of November) after he had Reigned Fifty six years and twenty days, and was buried at Westminster. Church Affairs. THere were in this Kings long Reign many Councils holden, and in them all many Canons made, about the then Ordinary Matters of the Church. These I shall pass by, and note those things, which were the Matter of Debate and Discord: Inter Regnum & Sacerdotium, between the Secular and Ecclesiastic States, and are contained in the Canons made at [1] Annal. Burton. f. 388. Merton by Boniface the Archbishop of Canterbury, the Bishops and Clergy of the Kingdom both Secular and Regular, (who met there on Thursday before [2] It was this year on Tuesday, month after Whitsun-tuesday, and was the very day on which the Barons met at Oxford, and made the Provisions there, which were the cause of all the mischiefs that ensued. Barnaby day, Anno Domino 1258, and 42d of Henry the Third) as Provisions against the Fifty Articles of Grievances, which were like to those St. Thomas the Martyr and Archbishop of Canterbury contended for, and became a glorious Conqueror: Qui Articuli vel capitula, similia fuerunt illis, pro quibus Beatus Thomas Archiepiscopus Cantuariensis, Martyr Dimicavit, Victor effectus Gloriosus. Paris, f. 951. n. 30. who in his [*] f. 199. n. 30. Additaments says, They were the Articles for which the Bishops had, and were to fight for: Two year after they were again Reviewed and Confirmed at London. Linwood Oxford, f. 15. 1. That no [3] Annal. Burton. f. 389. Paris Additaments, f. 204. n. 40. Archbishop, Bishop, or inferior Prelate be forced to appear before any Secular Court upon Summons from the King or any Layman; But the greater Prelates shall signify to the King they cannot obey any such Summons, without danger of their Order or Subversion of Ecclesiastical Liberty. And if the King or his Officers shall proceed to Attach or distrein any Prelate thus refusing, they shall be obnoxious to Excommunication and Interdict. 2. That no Clerc of any Condition or Order do by his own power or any Lay-authority thrust himself in, or be possessed of any Ecclesiastical Benefice or Dignity; And every one so offending shall be for ever deprived of his Benefice, and Excommunicated by his Diocesan. And if any such Intrusions shall be made by the King's Authority, the Diocesan shall admonish him to revoke them, and upon refusal to Interdict all his Lands and Places lying in that Diocese; if by any Great Man, then to Interdict and Excommunicate him, and he is not to be released till he hath made sufficient satisfaction. 3. That no Persons Excommunicated and Imprisoned, shall be set at Liberty by any Sheriff or Bailiff without the consent of the Prelates. And every such Sheriff or Bailiff so offending, unless he maketh satisfaction to the Church, shall be Excommunicated; but if they do it by the Command of the King, than they are to be more favourably dealt withal, according to the Discretion of the Ordinary. And if the usual Writ De Excommunicato Capiendo, shall according to the Custom of the Realm be required and denied; then the Prelates shall admonish the King to grant it, and upon his refusal to Interdict all his Cities, Castles, burgh's and Villages in that Diocese. 4. That if any Layman do apprehend and detain any Clerc, that is known to be so, and of good fame, and do refuse to set him at liberty upon demand of the Ordinary, let him be Excommunicated, and the place Interdicted. Whoever shall falsely accuse any Clerc, let him be subject to the same Censure. Whoever shall apprehend any Clerc's that are vagrant and unknown, and do refuse to deliver them to the Ordinary upon his Demand, shall be censured as aforesaid. If any Clerc be amerced for any personal Transgression by a Secular Judge, he shall not be compelled by the [*] They were to force the payment of Amerciaments by Ecclesiastic Censures. Prelates to pay the Amercements, because they were not set by his proper Judge: But if he be Canonically convicted by his Ordinary, he shall make satisfaction according to the quality of his Transgression and Discretion of the Ordinary. 5. If any Layman shall bring the King's Prohibition to remove his Action from the Ecclesiastic to a Secular Court, let him be Excommunicated, and if he doth not desist, then let his Land be Interdicted. 6. That any Jew, though Interdicted Trade and Communion with the Faithful, yet may be compelled to answer before an Ecclesiastical Judge; and whoever doth forbid or hinder him from so doing, let him be Excommunicated and Interdicted. 7. Whoever shall forceably take away or kill any that have taken refuge in any Church or Church-yard, or shall hinder them from receiving any Victuals for their maintenance, while they are under Ecclesiastical protection, let them be Excommunicated. 8. Whoever shall invade or infringe Ecclesiastical Goods or Liberties, let them be Excommunicated by the Ordinary of the Place. And if they do persevere, let the places wherein they live be Interdicted; And neither of the Sentences to be released till they have made competent satisfaction. 9 If any Great Men shall violate the Privileges of Sanctuary, either by invading and carrying away their Goods; or by reproaching, beating and evil treating the Religious, let them be solemnly Excommunicated till they make Restitution and Satisfaction. 10. If any of the King's Bailiffs shall in the vacancy of any Cathedral or Conventual Church make any waste of the Woods, Warrens, Houses, Corn, Furniture, Tenths or Oblations appropriate to Bishoprics and Monasteries, let them be Excommunicated. And if they persevere, let the Sentence denounced against Infringers of Magna Charta be solemnly pronounced against them, and upon contempt of these Censures let them be Interdicted. And if the King be competently admonished; and doth refuse to make restitution, let him be proceeded against as is usual in such Cases. 11. If any Itinerant Judge doth not accept of the Appearance of any Archbishop or Bishop, by his Attorney or Proxy, but shall proceed to Distrein or Attach them, or doth not accept their Plea of long Possession to a Quo Warranto why they use their Liberties, but shall suffer their Persons to be Attached, and their Goods Distreined, let the Attachers and Distreiners be Excommunicated. And if they do not dismiss any Prelate, when he is required by the Archbishop and Bishops, let them proceed to Interdiction. 12. If Justiciaries, or any Secular Judges shall by perverse interpretation of Charters (saying they are void, because the Express [*] The Clergy extended those general words, The Church shall be free, and shall enjoy all her Liberties, to whatever they called, or had a mind to make a Liberty of the Church. Article or words were not in it) Defraud and Wrong any Church or Religious place of their Liberties, Goods and Possessions, let them be admonished by the Ordinary of those places where such Judgement is given, that such a Sentence will be to the Church's prejudice: And if they do refuse to hearken to such Admonitions, let them be Excommunicated and Interdicted. 13. If the King, his Great Men, or any Capital Lords, or their Heirs, who have been Founders or Benefactors to Religious places, shall Distrein any Ecclesiastical Person, because he doth not Suit or Service to their Secular Courts, let them be proceeded against by the aforesaid Ecclesiastical Censures. 14. If any Lay-Lord do hinder the Ordinary from distributing the Goods of any one that died Intestate, either for the payment of his Debts, or for the Maintenance of his Children or Parents, or for Pious and Charitable Uses, let him be Excommunicated; And also such as hinder [*] That they might not be hindered to give to the Churchmen and Monasteries. Villains from making their Wills. The King [4] Append. n. 230, ●31. wrote to the Pope to revoke these Provisions and Constitutions, as being made to the great Prejudice, Hurt and Damage to the Rights of his Crown and Kingdom, and appointed two Proctors to transact this Affair with the Pope. But with what Effect I cannot say, but do believe they might be revoked, because I find them not put in practice. Taxes in this King's Reign. THe Parliament called at Northampton, Matt. Paris, fol. 322. lin. 3. 9 Hen. 3. A. D. 1224. in the Octaves of Holy Trinity 1224. granted the King two Shillings of every Plough Land; and the King granted to the Great Men Scutage, two Marks Sterling of every Knights Fee. The Parliament called at Westminster at Christmas 1224. granted the King a Fifteenth of all Movables, 9 H. 3. fol. 323. n. 10. A. D. 1224. Fol. 324. n. 40 as well of the Clergy as Laity of the whole Kingdom, for the Grant or Confirmation of Magna Charta. One half of this Fifteenth was Collected soon after Easter, and the other half was to be gathered Michaelmas following. A fortieth part of Movables granted. 16 H. 3. A. D 1224. A. D. 1226. the 11th of Henry the Third, Pat. 11 ●. 3. m. 11. A. D. 1226. he wrote to the Bishops and Clergy to give him a Fifteenth of all their Movables, as the Bishops and Clergy of England had then done. King Henry compelled the Citizens of London to pay him Five thousand Marks, 12 H. 3. A. D 1227. fol. 33● n. 10, 20. because they had given so much to Lewes late King of France, when he left England, and levied a Fifteenth. At the same time he took for an Aid from the Burgesses of Northampton Twelve hundred pound, besides one Fifteenth. He likewise forced all Religious and Beneficed Clerks to pay a Fifteenth as well out of their Spirituals as Temporals, and they which were unwilling to pay, were compelled either by the King's Authority or Ecclesiastical Censures. Soon after the Religious and others had notice, 12 H. 3. ibis' n. 40. that unless they renewed their Charters, the old ones should be of no advantage to them, and for the renewing every one paid according to his Faculty, at the Justiciaries Discretion. In the year 1230. Arch-Bishops, Bishops, Fol. 365. n. 1● 15th H. 3. A. D. 1230. Abbats and Priors gave a great sum of Money for recovering his Rights beyond Sea. At the same time he put the Citizens of London to a grievous Redemption, and forced the Jews to pay the third part of what they were worth. In the year 1231. the King required a Scutage of three Marks of every Knight's Fee, of all that held Baronies, 16 H. 3. fol. 367. n. 50. A. D. 1231▪ as well Laics as Prelates. It was opposed by the Archbishop of Canterbury, and some other Bishops, but agreed to by all others. On the 14 of September, in a Parliament held at Lambeth, A. D. 1232▪ 17 H. 3. fo● 377. n. 5. a● fol. 380. n. a fortieth part of all Movables, as well of Ecclesiastics as Laics was granted to the King, and was Collected the latter end of October following. A. D. 1235. 20 H. 3 fol. 417. n 30. A. D. 1235 He took two Marks of every Plough Land at the Marriage of Isabel his Sister to Frederic Emperor of Germany, and gave with her Thirty thousand Marks. Quaere, Whether this was not the same which was granted Pat. 20 H. 3. m. 8. n. 12. That Tax was two Marks upon a Knights Fee. Claus▪ 21 H. 3. m. 1. and m. 21. Dors. There was at the same time a Thirtieth of Movables granted by the Bishops and Lay Great Men. Cl 21 H. 3. m. 1. and m. 21 and 22. Dors. A. D. 1236. A. D. 1236. 21st of Henry the Third, he sent into Ireland to the Bishops and Great Men there, and propounded the Example of the Bishops and Great Laymen of England, who had given him Scutage two Marks of every Knight's Fee for the Marriage of his Sister to the Emperor of Germany, and a Thirtieth part of their Goods. Pat. 20 H 3. m. 8. n. 12. A. D. 1236. Scutage two Marks of every Fee granted by Arch-Bishops, Bishops, Abbats, Priors and other Ecclesiastical Persons, etc. 'Tis very probable, this was the same Scutage which was given for the Marriage of his Sister to the Emperor. F. 435. n. 10. 21 H. 3. A. D. 1237. A. D. 1237. A Thirtieth part of all Movables was granted to the King. A. D. 124●. Fol. 595. n. 30. and 597. n. 20. In the year 1242. about Michaelmas the King required Scutage three Marks of every Knight through all England. So Paris, but as others only twenty Shillings. Fol. 643. n. 20. A. D. 1244. In a Council held at London three Weeks after Candlemass, twenty Shillings of every Knight's Fee was granted to the King for the Marriage of his Eldest Daughter, one half to be paid at Easter, the other at Michaelmass following. A. D. 1253. 37 H. 3. Par. f. 866. m. 20, 30. The Clergy grant the Tenth of Ecclesiastical Revenues for three years, and the Nobility or Knights three Marks of every Knight's Fee, for the relief of the Holy Land, upon his Confirmation of Magna Charta. A. D. 1●67. Cart. 51 Hen. 3. m. 10. Cedula. Three years Tenths of all Church Revenues granted to the King by the Pope. A. D. 1270. Cl. 54 Hen. 3. m. 11. Dors. A twentieth part granted to the King. Ireland and Irish Affairs. KIng Henry by his Counsellors in the [1] App●… n. 227. first year of his Reign, (he being then but nine years old,) or by William Marshal his Governor, to gratify the * The En●… Irish. King Joh●… Charter o●●●●berties gr●●ed to the Irish. Irish for their firm Loyalty, to his Father, and himself, Granted out of his special Grace, that they and their heirs for ever, should Enjoy the Liberties granted by them to the Kingdom of England, which were written and sent sealed thither, under the seals of the Pope's Legate, and William Earl Marshal, the King than not * His Fat●… seal was 〈◊〉 with his 〈◊〉 Regalia, 〈◊〉 passage o● the Wath●… having a Seal of his own. In the seventh year of his Reign, upon complaint made by the Citizens of Dublin against their [2] Cl. 7 Hen. 3. m●… Dors. The King ●…hibits the Arch-Bis●… of Dubli● 〈◊〉 meddle w●●● secular ca●… in Spiritu●● Courts. Archbishop, (who was then the King's Chief Justice,) for proceeding against the Laws and Customs of the Nation used in all places of England; and for his Usurpation upon the Rights of the Crown, against his Trust, and Duty, as Chief Justice, in drawing several causes, belonging to the King's Temporal Courts, to his Ecclesiastical Courts, to Enlarge his Jurisdiction, to the Grievance and Dishonour of the King. There was a [3] Ibid. writ sent to him to forbear such things for the future, or that he would be severely dealt with for such practices. In the 11 th'. of his Reign [4] Cl. ●… Hen. 3. Pa●… m. 21. The same to be in I●●land as En●land conce●●ing Excommunicate Pe●… there was a Writ sent to Geofry de Marisco Justice of Ireland for observing the same Customs and Law there, for taking persons continuing Excommunicate by the space of forty days, upon the Arch-Bishops and Bishop's Certificate by a Capias Excommunicatum, as was used in England. In the 12 th'. of his Reign he wrote to [5] Cl. ● Hen. 3. M Richard de Burgh his Justiciary, to call together the Arch-Bishops, Bishops, Abbats, Priors, Earls, Barons, Knights and Freetenents, and his Officers in Every County, and cause the Charter of King John to be read before them, and then to enjoin them to the strict observation of the Laws contained in it. In the 15 th'. year of his Reign about [6] Pari● 366. n. 20 The King Conaught his Army routed. 2000 Men and the Ki●● made prisoner. July, an Irish King of Conaught, knowing, that the King, William Marshal and Maurice Fitz-Gerald were gone over into France, so that Ireland was left without any great force to Defend it, raised a mighty Army, or rather a great number of people, and entered into the Dominion of the English, spoiling and Burning the Country; The news whereof was brought to Geoffrey de Marisco, (than Deputy Justiciary), and he calling to his assistance, Walter Lacie and Richard Burgh, raised a considerable force, with which he fought and beat the Irish, killed twenty thousand of them, and took their King Prisoner. In the 19 th'. of his Reign the [7] Cl. ●… Hen. 3. M Dors. Free Commerce and trade betw●●● England a●● Ireland. King issued a writ to Maurice Fitz-Gerald his Justiciary, for free Commerce and Trade, between his Subjects of both Nations, without Restraint. The next year [8] Cl. 20. Hen. 3. m. 13. Dors. The Statutes of Merton concerning Bastardy to be observed in Ireland. he wrote to the Archbishop of Dublin, and his justiciary, for the Observation of the Statutes of Merton especially concerning Bastardy, and in a Case then depending before them. In the 24 th'. of his [9] Paris. f. 526. n. 40. Coheirs females how they were to hold in Knight's service. Reign the King sent instructions under his seal, how lands holden in Knight's service that Descended to Sister's Coheirs, should be divided, and how and by whom Homage should be done, and in what manner, and of whom the younger Sisters should hold according to the Statute of Ireland made the 14 th'. of his Reign. In the 29 th'. of his Reign, the Welsh putting King Henry to great Trouble, he intended wholly to destroy them, [1] Ibid. f. 685. n. 20. Maurice Fitz-Gerald put out of the place of Justiciary. and sent to Maurice Fitz-Gerald his Justiciary, to come to his assistance with forces out of Ireland, who not coming so soon as he was expected having a fair and prosperous wind, was put out of his place of Justice, and John Fitz-Geofry de Marisco substituted in his stead. In the thirtieth of his Reign, he [2] Append. n. 228. The Laws of England to be strictly observed in Ireland. directed a Writ to the Arch-Bishops and others in Ireland, that the Laws of England should be strictly observed in Ireland, as King John his Father had formerly commanded. Yet notwithstanding this Command, this privilege of using the English laws in Ireland, was [3] Append. n. 229. Those Laws not intended for the Benefit of the native Irish. never intended by King John or King Henry, that it should extend to all the native Irish, but only to the English Inhabitants, transplanted thither, or there born; and to such native Irish, as faithfully adhered to these Kings, and the English in Ireland, against the Irish, that complied not with them who were not to receive any Benefit by them. The King in the 38 th'. year was in Gascoigne, and wanting Forces [4] Cl. 38. Hen. 3. M. 9 Dors. The King sends into Ireland for forces to be brought to him from thence into Gascony. sent his Writ to John Fitz-Geofry his Justice of Ireland, to come to him in person, with a good number of Men, if there were no danger of an insurrection in Ireland, otherwise to send Maurice Fitz-Gerald with the same force, and to borrow Money from the Pope's Collector in Ireland for that affair, with his consent, to be repaid him at a certain day. Prince Edward had the Kingdom of Ireland Committed to him for his support, with power to make, put in and out what Justices and other Officers he pleased; when the Barons were at Oxford and had made their provisions in the 42 d. year of this King's Reign, he [5] Pat. 42. Hen▪ 3. M. 5. Prince Edward put out of the Command of Ireland, by the power of the Barons. wrote to the Arch-Bishops, Bishops, Abbats, Priors, Barons, Knights, etc. That he heard his Son intended to make a new Justice there, and put his Castles into such hands, as it might be great Damage, and not without fear of their Disinheriting, and therefore Commands them not to be obedient, to any such Justice, Constables or Keepers of Castles, made or appointed without his Letters Patents by assent and advice of his Council. After the same manner, he wrote to all Majors and Communities of Cities and Towns in Ireland, and to the Constables of Castles, and Commanded Alan Zousche his Justiciary not to obey, or give up his Authority to any new Justiciary or Constable that should come without his Letters Patents. The King wrote to the [6] Cl. 49 Hen. ●. m. 7 Dors. The King's Writs to several great men to secure the Peace of Ireland. Archbishop of Dublin, the Bishop of Meath his Treasurer; Walter de Burgh, and Maurice Fitz-Maurice Gerald, that he heard there was like to be great Dissension between the 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 King's Reign, who appointed Courageous 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 Father's 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 Grandmother Beatrice Countess of Provence, was [4] Paris, f. 5●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. Katherine's day, or the 25th of November A. D. 1253. and died at five years of Age. FINIS. THE APPENDIX. DE Sententiis Judicum. CHARTLEY. XCIX. VAUCO. IN nomine Dei, Forma progre●su● 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 Dire●tum, Co● Dr●ctum, Co●tra Drutum, Contra Dro● Gallic●. Testimonia 〈◊〉 T●s●e●, common in Barb●rous ●●tin. Contradrutum suum Mansum ei tollutum fuisset, quod ei advenit à par●e Vxoris su● simul & Flavino & propri● suum fuisset, & legibus suum esse deberet, quin jam de TradavioVxoris suae fuisset, ●dcircò suum esse deberet; tum pr●dictus Comes Convocatis illa Testimonia, qui de ipso B●go erant, interrogavit eos per ipsum fidem & Sacramentum, quam nostro Domino datam haberet, quicquid exinde scirent veritatem di●e●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 con●inium nos sci●us, qui● adjacet & confine●●d ips●m Mansom unde iste proclamat in qu● illi arbore durem, & de uno l●t●re aqu● c●ng●t, & inter eos terminum est in petr●s, & in arboris, ipse est Dominus. Nam sicut illa ●difici● d●sursum conjung●nt, istorum hominum proprium est, & illorum legibus esse debet de par●e Avii illorum Quinti. Tunc praedictus Comes jussit ut ipsa Testimonia supr● irent & ipsos terminos ostenderent quod d●ebant. Quod 〈…〉 fe●erunt & ipsos terminos firmaverunt, qui inter illa d● Mansa ●ernebant. Sed & plu●imi ibidem adfuerunt Nobiles, quos ipse Comes cum ●s dire●erat, quod & omnia pleniter factum fuit. Vt autem haec ●i●ita ●unt interrogavit ipse Comes ill●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 posit●s inter ipsos Mansos, ut isti homines illorum proprium habeant absque ulli● contradictione in perpetuum, & quod in Dominico dictum, & termin● divisum coram testibus fuit, re●eptum sit ad partem Domini nostri. Proptere● oppor●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 Judgements, Processes, and Charts were draw● up in Barbarous Provincial Latin, without Congruity, Syntax, Propriety, or Elegancy. The Process and Judgement is thus Englished. N. 1 IN the Name of God; when Humphrey the Illustrious Person, Earl of Rhaetia, in his Pavilion in the Fields, in a public Mall or Court, sat to hear the Causes of all Men, or to determine according to right Judgement, 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 adjoins, 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 Hrothe●m. He is the Master, Lord, Owner, or Proprietor of it; For as those Buildings are joined above, they are the Propriety of those Men, and aught 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 show the Bounds they mentioned; which they did, and fixed the Bounds which they saw between the two Houses or Farms; and there were many Noblemen there present, whom the Earl directed to go with them, which was also fully done. So soon as these things were ended, the Earl asked the Scabines or Assessors, what, or how they would Judge in this Case; They Replied, We Judge according to the Testimony of these Men, and your Inquisition; That as it hath been determined, and the Bounds fixed, between the two Habitations or Farms, so those Men may have, or possess their Propriety for ever, without the contradiction of any Man; And what the Imperial Land was, or the Demeasns of the Empire, as it was divided by Bounds before Witnesses, let it be received, or possessed to the use of our Lord (that is the Emperor, or happily the Earl.) Wherefore it were fit for Hrothelm, and Flavin, with their Heirs, to have such a Writing concerning this Determination, either from the Earl or Scabines, as afterwards they may for ever possess the Houses or Farms without the Contrariety of any Man. Charles the Great▪ abou● the year of our Lord 807 Done at the Court in the Fields, in a public Mall, or Convention for the dispatch of Controversies, in the Seventh year of the Empire of Charles the August, and the Thirty seventh of his Reign in France, and the Thirty fourth in Italy, Dated the Eighth day of February, happily, under Humphrey the Earl. Amen. These are the Names of the Witnesses or Jury. Valeriano, Burgolfo, Ursone, Stefano, Majorino, Valerio, Leontio, Victore, Maurestone, Frontiano, Florentio, Stipfone, Valentiano, Quintello, Stradario. And these the Names of the Scabines or Assessors with the Earl. Flavino, Orsicino, Odmaro, Alexandro, Eusebio, Maurentio, as also many others. Therefore I VAUCO, having been Required to do it, have Written and subscribed this Judgement. Charta W. Regis Primi de Restitutione ablatorum in Episcopatibus & Abbatiis totius Angliae. W. Dei Gratiâ Rex Anglorum. In the Appendix to Somne● Gavelkind, p. 191. L. Archiepiscopo Cantuar. & N. 2 G. Episcopo Constantiarum & R. Comiti de Ou, & R. filio Comiti Gil. & H. de Monte-Forti, suisque aliis Proceribus Regni Angliae, salutem. Summonete Vicecomites meos ex meo praecepto, & ex parte meâ eis dicite, ut reddant Episcopatibus meis, & Abbatiis totum Dominium, omnesque Dominicas terras, quas de Dominio Episcopatuum meorum, & Abbatiarum, Episcopi mei, & Abbates eis, vel lenitate, vel timore vel cupiditate dederunt, vel habere consenserunt, vel ipsi violentiâ suâ inde abstraxerunt, & quod hactenus injuste possederunt de Dominio Ecclesiarum mearum. Et nisi reddiderint, sicut eos ex parte meâ summonebitis, vos, ipsos velint nolint, constringite reddere. Quod si quilibet alius vel aliquis vestrum quibus hanc justitiam imposui ejusdem querelae fuerit, reddat similiter quod de Dominio Episcopatuum, vel Abbatiarum mearum habuit, ne propter illud quod inde aliquis vestrûm habebit, minus exerceat s●per meos Vicecomites, vel alios quicunque teneant Dominium Ecclesiarum mearum quod praecipio. The Chart or Writ of King William the First for the Restitution of such things as were taken away from Bishoprics and Abbeys. N. 2 WIlliam by the Grace of God King of the English. To Lanfranc Archbishop of Canterbury, and Gorisfrid, or Galfrid Bishop of Constance, and Robert Earl of Ou, and Gul. Pict. f. 187. Richard the Son of Earl He was Earl of Brion●a in Normandy, Ancestor of the Earls of Clare in England. Gilbert, and Gul. Pict. f. 187. Hugh Montfort, and to his other Great Men of the Kingdom of England, Greeting. Summon ye my Sheriffs by my Precept, and on my behalf speak to them, or Command them, That they restore to my Bishoprics and Abbeys their whole Demain, (or perhaps rather, all their Lordships) and all their Demain Lands, which my Bishops and Abbats, by fear or easiness granted away, and consented they should enjoy them; or that they by violence took away, and what they as yet unjustly possess, of the Demain or Possessions of my Churches. And unless they restore them, according as you shall on my behalf give them notice, you may then constrain them to restore them, whether they will or not; and if any other, or any of you, to whom I have committed the doing of Justice in this Matter, shall be obnoxious to the same Accusation or Complaint, let him restore likewise the Possessions of my Bishoprics and Abbeys, lest for that reason any of you do not execute what I Command upon my Sheriffs, or prove remiss toward such others as hold any Possessions, or Lands of my Churches. Historia Elien. Penes Doctorem Gale. p. 87 a. Willielmus Anglorum Rex Omnibus fidelibus suis & Vicecomitibus in quorum Vicecomitatibus Abbatia de Heli terras habet, salutem. Praecipio N. 3 ut Abbatia habeat omnes confuetudines suas, scilicet Saccham & Socham Toll & Team, & Infanganetheof, Hamsoc●a & Grithbrice Fithwite, Ferdwite ●nfra burgum & extra & omnes alia● forisfacturas quae emendabiles sunt in terra sua super suos homines: Has inquam habeat sicut habuit die qua Rex Aedwardus fuit vivus & mortuus, & sicut mea Jussione dirationata sunt apud Kene●eford per plures Scyras ante meos Barones, videlicet Galfridum Constantiensem Episcopum & Baldewinum Abbatem & Abbatem aeilsi, & Wifwoldum Abbatem & Ivonem Taillebois & Petrum de Valoniis & Picotum Vicecomitum & Telielum de Helium & Hugonem de Hofdeng, & Gocelinum de norwloo, & plures alios. Teste Rogere Bigot. Ibid. p. 94. a. Willielmus Rex Anglorum Lanfranco Archiepiscopo & Rogerio Comiti N. 4 Moritoniae & Gaulfrido Constantiensi Episcopo, salutem. Mando vobis & praecipio ut iterum faciatis congregari omnes Scyras quae interfuerunt placi●o habito de terris Ecclesiae. Ecclesiae de Heli ●ntequam mea conjux in Normaniam novissime veniret, cum quibus etiam sint de Baronibus meis, qui competenter adesse poterint & praedicto placito interfuerint & qui terras ejusdem Ecclesiae tenent, Quibus in unum congregatis eligantur plares de illis Anglis qui sciunt quomodo terrae jacebant praefatae Ecclesiae die qua Rex Edwardus obiit. Et quod inde dixerint, ibidem jurando testentur. Quo facto restituantur Ecclesiae terrae quae in Dominico suo erant die obitus Edwardi, exceptis his quas homines clamabant me sibi dedisse. Illas vero literis mihi significate quae sint, & qui eas tenent. Qui autem tenent Theinlandes, quae procul dubio debent teneri de Ecclesia, faciant concordiam cum Abbate quam meliorem poterint. Et si noluerint terrae remaneant ad Ecclesiam, Hoc quoque detenentibus Socam & Sacam fiat. Denique praecipite ut illi homines faciant pontem de Heli qui meo praecepto & dispositione huc usque illum soliti sunt facere. Willielmus Rex Anglorum Golfrido Episcopo & Rodberto Comiti Moritoniae, N. 5 salutem. Ibidem. Facite simul venire omnes illos qui terras tenent de dominico victu Ecclesiae de Heli. Et volo ut Ecclesia eas habeat sicut habebat die qua Edwardus Rex fuit vivus & mortuus. Et si aliquis dixerit, quod inde de meo dono aliquid habeat; Mandate mihi magnitudinem terrae, & quomodo eam reclamat, & ego secundum quod audiero aut ei inde escambitionem reddam, aut aliquid faciam. Facite etiam, ut Abbas simeon habeat omnes consuetudines quae ad Abbatiam pertinebant, die quo Rex Edwardus fuit mortuus. Si illi qui eas habent secum concordare noluerint, & ad istud placitum summonere Willielmum de Guaregna & Richardum filium Comitis Gilberti & Hugonem de Monte-Forti & Golfridum de Magnavilla & Radulfum de Belfo & Herveum Bituriensem, & Hardewinum de Escalers & alios quos Abbas vobis nominabit. Willielmus Rex Anglorum Lanfranco Archiepiscopo & Golfrido Constantiensi Episcopo, salutem. Ibid. 94. b. Facite Abbatem de Heli resaisiri N. 6 de istis terris, quas isti tenent Hugo de Monteforti unum Manerium nomine Bercham, Richardus filius Comitis Gilleberti Brochesheue, Picotus Vicecomes Epintonam, Hugo de Berneriis 3 hidas. Remigius Episcopus 1 hidam. Episcopus Baiocensis 2 hidas, Frodo frater Abbatis 1 Manerium, Duo carpentarii 1 hidam & 3 virg. Si ipse Abbas poterit ostendere supradictas terras esse de dominico suae Eclesiae: Et si supradicti homines non poterint ostendere ut eas terras habuissent de dono meo. Facite etiam quod Abbas praedictus habeat Sacam & Socam & alias consuetudines, sicut Antecessor ejus habuit die quâ Rex Aedwardus fuit vivus & mortuus. Willielmus Rex Anglorum Lanfranco Archiepiscopo Goisfrido Constantino Episcopo & Roberto Comiti de Moritonio, salutem. Ibidem. Facite N. 7 Simeonem Abbatem habere Sacam & Socam suam, prout suus Antecessor habuit tempore Regis Aedwardi, videlicet de quinque Hundret de Suthfulch, & ab omnibus viris qui terras tenent in illis Hundrez. Videte ne Abbas praedictus quicquam injuste perdat, & facite ut omnia sua cum magno honore teneat. Willielmus Rex Anglorum Lanfranco Archiepiscopo & G. Episcopo & R. Comiti Moritonio, Ibidem. salutem. Defendite ne Remigius Episcopus N. 8 novas consuetudines requirat infra Insulam de Heli. Nolo enim ut ibi habeat nisi illud quod Antecessor ejus habebat tempore Regis Aedwardi, scilicet qua die ipse Rex mortuus est. Et si Remigius Episcopus inde placitare voluerit, placitet inde sicut fecisset tempore Regis Aedwardi, & placitum istud sit in vestra praesentia. De custodia de Norguic Abbatem Symeonem quietum esse dimittite; Sed ibi municionem suam conduci faciat & custodiri, Facite remanere placitum de terris quas calumniantur Willielmus de Ou, & Radulfus filius Gualeranni & Robertus Gernon; si inde placitare noluerint, sicut inde placitassent tempore Regis Aedwardi, & sicut in eodem tempore Abbatia consuetudines suas habebat, volo ut eas omnino faciatis habere, sicut Abbas per cartas suas, & per testes suos eas deplacitare poterit. The Conqueror's Charter of Liberties to the City of London, gronted to William Bishop of London: Given in the Saxon Language, but thus Englished. Stowe, f. 535.739, 740. WIlliam King greeteth William Bishop, and Godfrey Portgrave, N. 9 and all the Burgesses within London, French and English, and I grant that they be all Law-worthy, as they were in Edward's days the King; and I Will that each Child be his Father's Heir, and I will not suffer that any Man do you wrong. And God you keep. An Alphabetical Catalogue of the Names of all the great Tenants that held all the Lands, Towns, Manners, and Farms in England of William the Conqueror, mentioned in the Survey thereof, called Doomesday-Book. Numb. 10. A ARchiepiscopus Cantuariensis. Monachi ejus. Abbatia de Berchinges. Abbatissa de Eodem. Abb. de Ely. Abb. Sancti Edmundi. Abb. de Bello. Abb. Sanctae Trinitat. de Cadomo. Abbatissa de Eodem. Abb. Sancti Adoeni. Abb. Sancti Benedicti Ramesii. Abb. de Hulmo. Abb. de Bernai. Abbatissa de Ceterich. Abb. Sancti Augustini. Abb. de Gand. Abb. Fiscamiensis. Abb. Wintoniensis. Abb. de Certesis alias Certesig. Abb. Sancti Wandregesili. Abb. de Cruce Sancti Leutfredi. Abb. Glocestrensis. Abb. Gemeticensis. Abb. Glastoniae. Abb. Middletunensis. Abb. de Grestam. Abbatissa de Wincestre. Abbatissa de Romesig. Abbatissa Romesiensis. Abbatissa de Warwelte. Abb. de Lire. Abbatissa de Eodem. Abb. Wiltuniensis. Abb. Abindoniensis. Abb. Sancti Albani. Abb. Sancti Petri super Divam. Abbatissa de Ambresberie. Abb. Malmesburiensis. Abb. Creneburnensis. Abbatissa Skeftesberiensis. Abb. de Cernel. Abb. de Abbedesberie. Abb. de Sancto Wallerico. Abb. de Adelingi. Abb. Sanctae Trin. de Cantorberia. Abb. de Hortune. Abb. de Tavestoch. Abbatissa de Monasterio villarum. Abb. Sanctae Trin. Rothomagi. Abb. de Winthelcumbe. Abb. de Pratellis. Abb. Sancti Stephani de Cadomo. Abbatia de Evesham. Abb. de Persore. Abb. de Coventre. Abb. de Cormelies. Abb. de Eglesham. Abb. de Torni. Abb. de Croyland. Abb. de Burgh. Abb. de Berton. Abb. de Eborace. Willielmus filius Ansculfi. Willielmus Alisius. Willielmus Arcuarius. Willielmus filius Azor. Goscelinus filius Azor. Gilo frater Ansculfi. Ainulphus Vicecomes. Albertus. Theodericus Aurifaber. Roger. Arundel. Robertus de Albamarle. Ruald. Adobed. Ainulphus. Nigellus de Albinio. Vrso de Abatot. David de Argentoun. Henricus filius Azor. Robertus Albus. Walterus de Aincourth. Goisfridus Alscelinus. Osbernus de Arcis. Odo Arbalistarius. Norman de Adreci. Ansgotus. Edmundus filius Algoti. Humfridus filius Alberici. Aluredus. Aldit. Willielmus de Archis. Alsi alias Elsi. Rabellus Artifex. Gislebertus Arbalistarius. Bernardus Arbalistarius. Radulfus Arbalistarius. Robertus Arbalistarius. Hugo Alabarle. Bernardus Accipitrarius. Ansgerus. Eldricus Aucipiter. Adelina Vxor Hugonis. B WIllielmus de Braiose. Willielmus de Bertram. Gislebertus de Breteville. Hugo filius Baldrici. Willielmus filius Balderon. Willielmus Belet. Rogerus de Berchelai. Rogerus de Belmont. Serlo de Berci. Hugo de Boscherberti. Rogerus de Busli. Robertus Bastard. Aluredus Brito. Nicholas Balistarius. Robertus Blundus. Radulfus Baignard. Hugo de Bello-campo. Goisfridus de Bech. Goisbertus de Belvaco. Maigno vel Maimo Brito. Hugo de Bolebech. Nigellus de Bereville. Gozelinus Brito. Vrso de Berseres. Radulfus de Berchelai. Walterus Balistarius. Baldevinus. Humfridus de Buivile. Hugo de Berners. Vxor Bosselini de Dive. Robertus de Buci. Drogo de Beureria. Willielmus Buenvalet. Ogerius Brito. Rainaldus de Balgaiole. Badulfus de Burun. Rainerus de Bruemont. alias Brunon. Waldinus Brito. Odo Balistarius. Willielmus Blandus. Heppo Balistarius. Tibellus Brito. Rogerus Bigotus. Radulfus de Bello-fago. Humfridus de Bohun. Herveius Bituricensis. Gislebertus Balistarius. Radulfus Balistarius. Rainaldus Brito. Bezelinus. Tedbaldus filius Bernerii. Burgenses de Bedford. Willielmus Buenwasteth. Erneis de Burun. Odoardus Balistarius. Rainaldus Balistarius. Regis Bedelli. C CAnonici Sancti Pauli Lond. Canonici de Waltham. Canonici Sancti Martini Lond. Canonici de Oxenford & alii Cleri. Canonici Lisiansenses. Clericus Albertus. Canonici de Twinham. Canonici Constantienses. Clerici de Wrehauton. Canonici de Bedford. Capellanus Ansgerus. Canonici de Stadford & Handon. Clericus Sanson. Clerici Tenentes de Rege in Somersetshire. Canonici Eboracenses. Canonici Baiocenses. Comes de Mellent. Comes Eustachius. Comes Willielmus de Ow. Comes Moritoniensis. Comes Alanus. Comes Rogerus. Comes Hugo. Comes Ebroicensis. Comes Albericus. Comes Ivo Talbois. Comes Albericus Northumb. Comitissa Juditha. Comitissa Godeva. Comitissa Alveva. Comitissa de Albamarla. Comitissa Bononiensis vel Boloniensis. Albericus Capellanus. Milo Crispin. Humfridus Camerarius. Turstinus Camerarius. Rainaldus filius Croc. Gozelinus de Cormelies. Goisfridus Camerarius filii Regis. Robertus & Willielmus filii Corbutionis vel Corbet. Willielmus de Calgi. Radulfus filius Comitis. Rogerus de Curcelles. Rainaldus Canus vel Canud. Walterus de Clavile. Willielmus filius Constantini. Albericus de Coci. Willielmus Chieure. Giraldus Capellanus. Sigar de Cioches. Willielmus Camerarius. Christina. Ansfridus de Cormelies. Humfridus Cocus. Willielmus de Cahanges. Gunfridus de Cioches. Gislebertus Cocus. Wido de Credun. Goisfridus de Cambray. Colsuaine. Normannus Crassus. Colegrin. Herbertus Camerarius. Carpentarii Regis. Carbon alias Carbonet. Walterus Cocus. Angerus Cocus. Hubertus de Canesio. Colvin. Chetelbern. Chenvin. Albertus Capellanus. D WAlterus de Doai vel Douai. Walscelinus de Duay vel Douai. Robertus Dispensator. Walterus Diaconus. Herman de Drunes. Eudo Dapifer. David. Haimo Dapifer. Adam filius Durandi mala opera. Godricus Dapifer. Rogerus Deus salvet Dominas. Galfridus Diaconus. Willielmus Diaconus. Darman. Radulfus Dapifer. E ARchiepiscopus Eboracensis. Episcopus Londinensis. Episcopus Dunelmensis. Lisiacensis. Herefordensis. Baiocensis. Tedfordensis & Feudum ejusdem. Episcopus Osbertus. Rovensis vel Rofcestrensis. Episcopus Ebroicensis. Cicestrensis. Excestrensis. Wintoniensis. Saresberiensis. Constantiensis. Wellensis. Cestrensis. Lincolniensis. de Wirecestre. Ecclesia de Lantheige. Sancti Nicholai. Beccensis. de Bada. Miceleniensis. Sancti Petri Romae. de Monteburg. de Buckfesth. Sancti Martini Rothom. de Monte Sancti Michaelis de periculo Maris. Aliquorum Sanctorum. Sancti Dionysii Parisiis. De Troar. De Lire. De Cirecester. Sancti Remigii Remensis. Adelingensis. De Cadomo Sancti Stephani. De Cadomo Sanctae Trinitatis. De Glastingberie. De Skeftesberie. De Tavestoke. De Hortune. De Crenburn. De la Bataigle. De Coventreu. Sancti Ebrulfi. De Cormelies. Sancti Guthlaci. De Gloucester. De Westmonaster. De Pertore. De Evesham. Several of these Churches, in divers Counties in Doomsday-book, are sometimes entered as Abbeys, and sometimes as Churches, according to the fancy of the Clerks of the Commissioners that made the Survey, as Abbatia de Coventre, Abbatia de Persore, Abbatia de Evesham, Abbatia de Croyland, in stead of Ecclesia Sancti Guthlaci, etc. Richardus Esturmi. Eldredus. Swainus de Excessa. Richardus filius Erfasti. Eudo filius Esperwic. Eldricus Accipitrarius. Edwardus. Baldwinus de Excestre. Hardvinus de Escalers. Rainaldus filtus Archebaldi. Elsi alias Alsi. Edgar. Eldeva. Eddie alias Edith. Regis Elemosynarii. F FRodo frater Abbatis. Radulfus de Felgeres. Willielmus de Felgeres. Henricus de Ferrariis. alias Ferier. Willielmus de Falaise. Robertus Fasiton. Walterus Flandrensis. Willielmus Froisseleu. Hugo Flandrensis. Richardus Forestarius. Baldwinus Flandrensis. Ranulfus Flammar. Robertus Flavus. Henricus de Felgeres. Hermar. de Ferrariis. Ad nullam Firmam pertinet. Fulcherus. G RIchardus filius Gisleberti Comitis. Robertus filius Geroldi. Durandus de Gloucester. Walterus Giffart. Godescallus. Odo filius Gamelini. Godeballus. Goscelinus. Giraldus. Robertus Gernon alias Greno. Hugo de Grentmaisnil. Willielmus Goizinboded. Picotus de Grentbridge. Girbirtus. Gerinus. Gospatric. Hugo de Gurnay. Robertus filius Goberti. Godvinus. Grimbaldus. Berengarius Giffart. Gislebertus de Gand. Griffin. Gudmund. Grimus. Gonovinus. Osbernus Giffart. H HAimo Vicecomes de Chent. Ernulfus de Hesding. Radulfus filius Huberti. Eudo filius Huberti. Aluredus Hispaniensis. Hainricus vel Haimericus. Robertus Hostiarius. Radulfus filius Huberti. Willielmus Hostiarius. Hago vel Hugo. Tibellus Herion. Ilbodus frater Ernulfi de Hesding. Hachebernus alias Hagebus. Radus filius Hugonis. Herman. Herveius. Eustachius de Huntedune. Drogo de holderness. Godvinus Haldenus. Herbertus. Homines Domini Regis. Comitis de Mellent. Homines Archiepiscopi Eboracensis. Homines Episcopi Dunelmensis. Homines Archiepiscopi Cantuariensis. I ROgerus de Iveri. Humfridus de Insula. Radulfus de Insula. Iseldis. Ranulfus frater Ilgeri. Richardus de Ingania. Ilbodus. Isaacus. Rainaldus filius Ivonis. Waldinus Inganiator. Invasiones. L WIllielmus Levet vel Loveth. Rogerus de Laci. Hugo Lasne. Radulfus de Limeseio. Roger. de Luri vel Leuri. Willielmus Luric. Richardus Legatus. Albertus' Lothariensis. Aluredus de Lincolniâ. Hugo de Luri vel Luci. Gozelinus filius Lamberti. Goscelinus Loremanus. Herveus Legatus. Lewena. Homines Liberi. M HVgo de Montfort. Goisfridus vel de Magnâ villâ. Galfridus de Magnâ villâ. Robertus Malet. Aluredus de Merlebergh. Radulfus de Mortemer. Willielmus filius Manne vel Magni. Goisfridus Marescallus. Nigellus Medicus. Robertus filius Murdrac. Mathaeus Mauritaniensis. Willielmus de Moion. Gunfridus vel Mauldoit. Humfridus Mauldoit. Robertus Marescall. Turstinus mantel. Martinus. Hascoit Musard. Humfridus de Madehalle. Rogerus de Mucelgros. Durandus Malet. Hubertus de Monte-Canitio. Rogerus Marescallus. Modovinus. Giroldus Marescallus. Willielmus de Maldwith alias Mauduit. Maci de Moritania. Willielmus de Moimi. Regina Mathildis. Madoth Edric Elmer. Regis Ministri. Monachi de Scireburn & Winton. N WIllielmus filius Normanni. Nigellus perhaps Nigellus Medicus. Normannus. Willielmus filius Nigelli. Nicholas. O WAlterus filius Otheri. Goisfridus Ortale vel Orlateile. Radulfus filius Osmundi. Wido de Olgi. Willielmus de Ottburvilla. Robertus de Olgi. Odo. Ogerius. Rogerus de Odburvilla. Willielmus de Ow. P RAnulfus Piperellus. Hugo de Port de Rege & de Episcopo Baiocensi. Hubertus de Port. Willielmus de Perci. Bernardus Pancevolt. Ricardus Punigiant alias Puniant. Willielmus Peurel alias Peverell. Piperell. Walterus filius Ponz. Drogo filius Ponz. Ranulfus de Pomerei. Radulfus Paganel. Radulfus Pomerei. Willielmus de Poilgi. Hugo Pincerna. Osbernus Piscator. Walterus Pontz. Erchinger Pistor. Rogerus Pictaviensis. Theodericus Pointell. Radus Pinell. Herbrandus de Ponte Adomari. Erminius Presbyter. Colebertus Presbyter. Gislebertus Presbyter. Reinbaldus Presbyter. Godricus Presbyter. Giraldus Presbyter de Wiltune. Godwinus Presbyter. Inichellus Presbyter. Lewinus Presbyter. Aluredus Presbyter. Robertus Piscator. Osbernus Presbyter. Edmundus filius Pagani. Regis Praefecti. R GIslebertus filius Richerii. Turstinus filius Rolf. Walter. filius Roger. de Pistes. Herbertus filius Remigii. Willielmus filius Richardi. Robertus filius Rolf. Goscelinus de Rivere. Wido de Reinbodcourth. Reinbaldus. Heraldus filius Radulfi Comitis. Rogerus filius Radulfi. Osbernus filius Ricardi. Richardus. Rainaldus. Restoldus. Robertus filius Roscelini. Rogerus filius Reinardi. Rohais Vxor Ricardi. Raynerius. Roger. de Ramis. S EDwardus de Sareberie. Willielmus filius Stur. Robertus de Stadford. Radulfus filius Scifrid. Hugolinus Stireman. Ricardus Sturmie. Willielmus de Scoies alias Scohies. Osbernus de Salceid. Hardvinus de Scalers. Gislebertus filius Salomonis. Willielmus Speck. Walterus frater Seiherii. Siboldus. Nigellus de Stadford. Saisselinus. Hugo de Sancto Quintino. Stanardus. Starcolfus. Swain. Sortebrand. Sanctus Stephanus de Cadamo. Eudo filius Spirwic. Regis Servientes. T HEnricus Thesaurarius. Durandus Tonsor. Radulfus de Todeneio. Gislebertus filius Turoldi. Judahel de Todenais. Robertus de Todeneio. Richardus de Todeneio. Radus Tailebosch. Berengarius de Todeni. Turchillus. Ilbertus filius Turoldi. Gislebertus Tisun. Ivo Tailebosch. Willielmus Tailebosch. Filia Radi Tailebosch. Azelina Vxor Ejus. Adelina faemina Ejus. Ricardus de Tunbridge. Tovi. Tonnus. Ricardus filius Turolfi. Oswaldus Theodericus. Regis Taini. V WAleranus Venator. Croc Venator. Ainulfus Vicecomes. Swain Vicecomes. Haimo Vicecomes. Baldewinus Vicecomes. Durandus Vicecomes. Humfridus vil. de Leci. Albericus de Ver. Petrus Valoniensis. Bertram de Verdono. Robertus de Veci vel Vesci. Walterus Vernon. Vlchetellus. Vlmarus. Vlveva. Vinemarus. Vxor Hugonis. Vxor Rogeri de Luri. Vxor Radulfi Capellani. Vxor Hervei de Helion. Vxor Geri. Willielmus de Verci. Regis Valvasores. Robertus de Verli. W WIllielmus de Warrenna. Willielmus filius Widonis. Ranulfus de Sancto Walerico. Walterus de Sancto Walerico. Aluredus Nepos Wigoti. Johannes filius Walerani. Willielmus. Osbernus filius Walteri. Winemarus. Goisfridus de Wirce. Turchillus de Warwice. Robertus filius Willielmi. Johannes Nepos Walerani. Willielmus de Watevilla. Walterius. Odo de Wirecestre. For further satisfaction, any man may compare this Alphabetical Catalogue with the Catalogue of all the Tenants, of all the Towns, Parishes and Lands described in every County, as they are placed first in each County, and have their Titles in the Survey itself, according to their respective Number, whereby he will find, That these were all the Tenants in Capite, or that held in Serjanty of King William the First, and that they held all the Lands in England of him, by immediate, and others of them by mediate Tenure. Charta Regis Willielmi Primi, qui secernit placita Ecclesiastica à Causis Civilibus. W. Dei Gratiâ Rex Anglorum R. Bainardo, & G. de Magnavillâ, N. 11 Spelm. Co● vol. 2. fol. ● A. D. 100L & P. de Valoines caeterisque meis fidelibus de Essex & Hertfordschire, & de Middlesex, salutem. Sciatis vos omnes & caeteri fideles mei, qui in Anglia manent, quod Episcopales leges, quae non bene, nec secundum Sanctorum Canonum praecepta, usque ad mea tempora in regno Anglorum fuerint, Communi Concilio, & Concilio Archiepiscoporum, & Episcoporum & Abbatum & omnium Principum Regni mei, emendandas judicavi; propterea Mando & regia authoritate praecipio, ut nullus Episcopus vel Archidiaconus, de legibus Episcopalibus amplius in Hundret placita teneant: Nec causam, quae ad regimen Animarum pertinet, ad judicium Secularium hominum adducant: Sed quicunque secundum Leges Episcopales, de quâcunque causâ vel culpâ interpellatus fuerit, ad locum quem ad hoc Episcopus elegerit, & nominaverit, veniat; ibique de causâ vel culpâ suâ respondeat, & non secundum Hundret, sed secundum Canones & Episcopales leges, & rectum Deo, & Episcopo suo faciat: Si vero aliquis per superbiam elatus, ad justitiam Episcopalem venire contempserit & noluerit▪ vocetur semel, & secundo, & tertio. Quod si nec sic ad emendationem venerit, excommunicetur; & si opus fuerit ad hoc vindicandum, fortitudo & Justicia regis vel Vicecomitis adhibeatur: ille autem qui vocatus ad Justitiam Episcopi venire noluerit, pro unaquaque vocatione Legem Episcopalem emendabit: Hoc etiam defendo, & mea authoritate interdico, ne ullus Vicecomes aut Praepositus seu Minister Regis, nec aliquis Laicus homo, de Legibus quae ad Episcopum pertinent se intromittat: Nec aliquis laicus homo alium hominem, sine Justiciâ Episcopi ad judicium adducat. Judicium vero in nullo loco portetur nisi in Episcopali sede, aut in alio loco, quem Episcopus ad hoc construeret. Willielmus Dei Gratia Rex Anglorum, tam Clericis, quam Laicis N. 12 per Angliam constitutis, salutem. Ibid. fol. ● Notum sit vobis▪ me concessisse & confirmâsse, assensu Lanfranci Archiepiscopi Cantuariensis, & Stigandi Episcopi Cicestrensis; & Concilio etiam Episcoporum ac Baronum meorum, ut Ecclesia Sancti Martini de Bello, quam fundari ex voto ob victoriam quam mihi Deus in eodem loco contulit, libera sit & quieta in perpetuum ab omni servitute, & omnibus quaecunque humana Mens excogitare possit cum omnibus dignitatibus & consuetudinibus regalibus, quas ei regali authoritate concessi, sicut Chartae meae testantur. Volo itaque & firmiter praecipio, quatenus Ecclesia illa; cum Leugâ circumquaque adjacente, libera sit ab omni Dominatione, & Oppressione Episcoporum, sicut illa quae mihi coronam tribuit, & per quam viget Decus nostri regiminis. Nec liceat Episcopo Cicestrensi, quamvis in illius Dioecesi sit, in Ecclesiâ illâ, vel in Maneriis ad eam pertinentibus, ex consuetudine hospitari, contra voluntatem Abbatis, nec Ordinationes aliquas ibidem facere, nec Abbatiam in aliquo gravare, sed neque super illam Dominationem aliquam, aut vim vel potestatem exerceat, sed sicut Dominica mea Capella, libera sit omnino ab omni exactione. Ad Synodum vero Abbas ire non summoneatur, nec compellatur nisi propria voluntate pro aliquo negotio ire voluerit. Nec Monachos suos, ubi sibi opportunius viderit, ad sacros ordines promoveri facere prohibeatur. Nec Altarium Sacrationes, Confirmationes, vel quaslibet Episcopales benedictiones Abbatis vel Monachorum requisitione à quolibet Episcopo ibidem libere fieri ab aliquo contradicatur. Hoc etiam regali authoritate, & Episcoporum & Baronum meorum attestatione constituo, quatenus Abbas Ecclesiae suae, & Leugae circumjacentis per omnia Judex sit, & Dominus. Defuncto Abbate, de âdem Ecclesia Abbas eligatur, nisi forte (quod absit) ibidem idonea persona reperiri non possit. Hanc Constitutionem meam, sic voto & regali authoritate confirmatam nullus successorum meorum violare vel imminuere praesumat. Quicunque igitur contra libertates vel dignitates ejusdem Ecclesiae fecerit, forisfacturae Regiae Coronae subjaceat. Hujus rei testes sunt Lanfrancus Archiepiscopus Cantuariensis. Stigandus Cicestrensis Episcopus. Walkelinus Episcopus Winton. Wulstanus Wigorn. Episcopus. Qui omnes, me praesente, & audiente horum praeceptorum meorum, & constitutionum violatores perpetuo anathemate Damnaverunt. Apud Winton. Selden. Not. in Eadmer, f. 164. Excellentissimo Sanctae Ecclesiae Pastori Gregorio, gratiâ Dei Anglorum Rex & Dux Normannorum Willielmus, salutem, cum amicitiâ. N. 13 Hubertus Legatus tuus, Religiose Pater, ad me veniens ex tuâ parte me admonuit, quatenus tibi & successoribus tuis fidelitatem facerem, & de pecuniâ quam Antecessores mei ad Romanam Ecclesiam mittere solebant melius cogitarem. Unum admisi, alterum non admisi; Fidelitatem facere nolui, nec volo; quia nec ego promisi, nec Antecessores meos Antecessoribus tuis id fecisse, comperio: Pecunia tribus firme annis in Galliis me agente, negligenter collecta est. Nunc vero Divinâ misericordia me in Regnum meum reverso quod Collectum est per praefatum Legatum mittitur. Et quod reliquum est per Legatos Lanfranci Archiepiscopi fidelis nostri cum opportunum fuerit, transmittetur. Orate pro nobis & pro statu regni nostri, quia Antecessores vestros dileximus, & vos prae omnibus sincere diligere & obedienter audire desideramus. Eadm. Histor. Nou. f. 12. Lanfrancus Gratia Dei Archiepiscopus, dilectissimo Fratri Stigando, Cicestrensi Episcopo, salutem. Clerici villarum nostrarum qui in vestra N. 14 Diocesi existunt questi nobis sunt, quod vestri Archidiaconi repertis occasionibus, pecunias ab eis exquirunt & à quibusdam jam acceperunt. Meminisse debet fraternitas vestra quia contra morem Antecessorum nostrorum, & vestrorum vobis concessimus, eisque imperavimus quatenus ad vestras Synodos irent, & ea quae ad Christianae Religionis notitiam prodesse possunt sine interpellatione vel discussione aliquâ à vobis audirent. Si quae in ipsis culpis invenirentur, suspensâ interim vindictâ, ad nostrum examen servarentur, & nobis vel in miserendo vel in ulciscendo, sicut semper consuetudo fuit, obnoxii tenerentur. Mandavimus itaque vobis, ut male accepta sine dilatione reddi jubeatis & Ministris vestris ne ulterius id praesumant, servandae Caritatis studio prohibeatis. Nos vero Presbyteris nostris qui extra Cantiam constituti sunt omnino praecipimus ne ad vestram vel alicujus Episcopi Synodum amplius eant, nec vobis nec aliquibus ministris vestris pro qualibet culpa respondeant. Nos enim cum ad Villas nostras venerimus quales ipsi, vel in moribus, vel in sui Ordinis scientiâ sint, pastorali authoritate vestigare debemus. Chrisma tamen à vobis accipiant & ea quae antiquitus instituta sunt, in Chrismatis acceptione persolvant, sicut namque ea quae antiquitus usque ad nostra Tempora, Antecessores nostri habuerunt, solerti vigilantia cupimus illibata custodire, ita aliis debita aliqua, quod absit, usurpatione denegare nolumus. The Ecclesiastical Constitutions made in Normandy, Append. Anno Domini 1080. Order. Vital. fol. 552, etc. ANno ab incarnatione domini 1080. Rex Guillelmus in festo Pentecostes N. 15 apud Illebonam resedit, ibique Guillelmum Archiepiscopum & omnes Episcopos & Abbates Comitesque, cum aliis proceribus Normannie simul adesse praecepit. Vt Rex jussit factum est. Igitur octavo anno Papatus domini Gregorii Papae 7 Celebre Concilium apud Jullam-bonam celebratum est. Et de Statu Ecclesiae Dei totiusque regni providentia Regis cum Baronum suorum consilio utiliter Tractatum est. Statuta vero concilii, sicut ab his qui interfuerunt veraciter annotata sunt, volo hic inserere; ut posteri discant, quales in Normannia leges fuerunt sub Guillelmo Rege. Pax Dei (quae vulgo trevia dicitur) sicut ipse Princeps Guillelmus eam in initio constituerat, firmiter teneatur, & per singulas Parrochias, dictis Excommunicationibus renovetur. Qui vero servare contempserint, vel aliquatenus fregerint, Episcopi secundum quod prius Satutum est eos judicando justitiam faciant. Si quis vero Episcopo suo inobediens fuerit, domino in ●ujus terra habitat, Episcopus hoc demonstret, & ille subdat eum Episcopali justitiae. Quod si & dominus facere contempserit, Regis Vicecomes, per Episcopum inde requisitus, omni remotâ excusatione faciat. De his, qui de parentela sua uxores tenent, vel uxores parentum suorum, Episcopi Canonicam justitiam exequantur. Rex enim inde nullum sustinet vel tuetur. Sed potius Episcopos adjuvando admonet, ut lex dei firmiter teneatur. Presbyteri, Diaconi, Subdiaconi, & omnes Canonici, & Decani nullam omnino feminam habeant. Quod si aliquis post eandem culpam visus fuerit incurrisse, si per ministros Episcopi inde prior fuerit accusatus, in curia Episcopi se purgabit. Si vero parrochianorum vel dominorum suorum aliquis, eum prius accusaverit, habeat accusatus inducias ut cum Episcopo possit loqui: & si se purgare voluerit, in eadem parrochiâ cui servit praesentibus parrochianis pluribus, ante Episcopi ministros, & eorum judicio se purgabit. Si vero purgare se non potuerit Ecclesiam perdet irrecuperabiliter. Hoc praedictus Rex Statuit, non perenniter Episcopis suis auferendo debitam justitiam; Sed quia Episcopi eo tempore, minus quam convenisset inde fecerant, donec ipse eorum videns emendationem, eye redderet pro benefacto, quod tunc de manu eorum temporaliter tulerat pro commisso. Nullus laicus in redditibus altaris, vel in Sepultura, vel in tertia parte decimae aliquid habeat; nec pecuniam per horum venditionem aliquatenus habeat, nec Presbyter inde servitium faciat, nisi legationem domini sui portet. Ita ut in eadem die ad servitium Ecclesiae revertatur, & ad orationes (per Normanniam solummodo) victum domini sui habens, si dominus voluerit, secum vadat: Servitium Ecclesiae Presbyter interim curet. Presbyteri ab Episcopis vel ab eorum ministris praeter justos redditus Episcopi, vi vel minis dare mihil cogantur, propter eorum feminas nulla pecuniae Emendatio exigatur. Archidiaconi per Archidiaconatus suos semel in anno Presbyterorum suffraganeorum suorum vestimenta, & calices & libros videant: designatis ab Episcopo in unoquoque Archidiaconatu solummodo tribus locis, ubi vicini Presbyteri ad haec monstranda convocentur. Quando Archidiaconus ad haec videnda venerit, à Presbyteris qui conveniunt triduo, si Expedit, victum sibi habeat. Si Presbyter forisfacturam fecerit de forestis Regis, vel Baronum ejus, nullam inde emendationem habebit Episcopus. Presbyteri semel in anno circa Pentecosten cum processionibus suis ad matrem Ecclesiam veniant, & de singulis domibus cerae denerata, vel idem valens ad illuminandam Ecclesiam altari offeratur. Quod qui facere noluerit, à Presbytero suo per ministerium suum cogatur hoc solvere, sine emendatione pecuniae. Laicus Presbyterum non det, vel adimat Ecclesiae, nisi ex consensu Praesulis. Quem tamen, si recipiendus est, Episcopus non repellat, & si repellendus est, non retineat. In Cimiteriis Ecclesiarum, quae in Civitatibus, vel Castellis, vel Burgis sunt, quicquid Episcopi tempore Rodberti Comitis vel Guillelmi Regis ejus consensu habuerunt, Episcopi rehabeant. In Cimeteriis vero quae in marchis, si guerra fuerit, & aliqui ad habitandam ibi faciant mansionem, dum guerra duraverit, & ipsi propter guerram in atrio manserint, nullam forisfacturam, ab eis Episcopus habebit, nisi quam habuisset antequam ad atrium confugissent. Cum autem pax facta fuerit, qui propter guerram illuc confugerant, de atrio exire cogantur, aut Episcopalibus legibus supponantur. Qui vero in praedictis Cimeteriis antiquitus manserunt, in antiqua quietudine permaneant. Ecclesiae villarum quantum Cimeteriis tempore Rodberti Comitis habuerunt, vel usque ad illud supra scriptum Concilium habuerunt, tantum habeant: & in eis illas consuetudines habeant Episcopi, quas tempore Rodberti comitis vel Guillelmi Regis ejus consensu habuerunt, nisi Episcopi concedente Rege Guillelmo aliquam i c. Legem. consuetudinem fecerint. Si post concilium aliqua nova fit Ecclesia intra villam, faciat Episcopus Cimeterium, consideratione dominorum, & parrochianorum ejusdem Ecclesiae, si vero extra villam nova fit Ecclesia, undique habebit quinque perticas cimeterii. Si monachis donatur Ecclesia, Presbyter qui eandem tenet Ecclesiam honorifice teneat quicquid de eadem Ecclesia habuit; antequam monachi eam haberent; & tanto melius quanto sanctioribus associatur hominibus. Eo autem mortuo vel aliquatenus deficiente, Abbas idoneum Presbyterum quaerat, & Episcopo eum vel per se, vel nuncium suum ostendat. Q●em si recipiendus est, Episcopus recipiat. Si vero Presbyter cum monachis religiose vivere voluit: videat ut Ecclesia, quam Episcopali licentia intravit, honeste tractetur, tam in vestimentis quam libris, & caeteris Ecclesiae serviendae necessariis, secundum ejusdem facultatem Ecclesiae. Quod si Presbyter cum monachis vivere noluerit, tantum det ei Abbas de bonis Ecclesiae, unde & bene vivere, & Ecclesiae servitium convenienter valeat Presbyter adimplere. Quod si Abbas facere noluerit, ab Episcopo convenienter cogatur, ut faciat. Presbyter vero Episcopo suo juste subditus sit, Episcopales redditus persolvat, quae vero superabundant, in usus monasterii sui Abbas habeat. Hoc idem in Ecclesiis Canonicorum observetur. Violatio Ecclesiae & atrii sicut superius determinatum est, & commissa pro quibus divinum officium remanet, Episcopis per pecuniam emendetur. Assultus in Ecclesiae itinere similiter. Si quis iratus persequitur alium in atrium vel in Ecclesiam, similiter. Si laicus arat vel adificat in atrio, sine licentia Pontificali, similiter. Si Clericus raptum fecerit, vel furtum, vel aliquem percusserit, aut vulneraverit, aut occiderit: Si duellam sine licentia Episcopi, susceperit; aut namium ceperit, aut assultum fecerit, aut aliquid injuste saisierit, aut incendium fecerit: aut manupastus ejus, aut habitator atrii, similiter. Si Clericus Adulterium fecerit, aut incestum, similiter. Si Presbyter de ministerio suo forisfecerit, similiter. Presbyteri qui ad Synodum venire neglexerint, similiter. Et qui Synodum & circadam Statutis terminis non reddiderit, similiter. Si Clericus Coronam suam dimiserit, similiter. Si Monachus vel Monacha, qui sunt sine regula, habitum suum dimiserint, similiter. Si Presbyteri, praeter Treviae dei infractores, & latrones, sine licentia Episcopi Excommunicaverint, similiter. Si erraticam habere (quod vulgo dicitur vueridif) in curiam sacerdotis, vel Clerici, qui in atrio manent, venerit, vel in Eleemosynam ejusdem Ecclesiae, vel in atrium Episcopi erit. Si quid per contentionem in domo Presbyteri, vel Clerici▪ vel in atrio sacerdoti vel Clerico, vel eorum manupasto relictum fuerit▪ Episcopi erit. Si quis Presbyterum, aut Monachum, aut Monacham assallierit, aut percusserit, aut ceperit, ●ut occiderit, aut domos eorum in atrio incenderit, similiter emendabit, si quid in Ecclesia vel in atrio inveniatur, vel relinquatur, Episcopi erit. Si quis adulterium vel incestum fecerit, vel cum matrina, vel cum matre, vel filiola coterit, similiter. Si mulier hoc idem fecerit, similiter. Si quis uxorem suam, vel si qua mulier virum suum sine judicio praesulis reliquerit, similiter. Qui mortuos consulunt vel maleficia tractant, similiter. Qui intentum sibi crimen inficians, vel negans, ferri judicio convincitur (excepta dei trevia) similiter. Qui justitiae resistens excommunicari se patitur, similiter. Parrochianorum crimina Episcopo pertinentia ubi consuetudo fuit, Episcoporum judicio examinentur. Si contradictio judicationis facta fuerit, ante Episcopum definiatur. Si ferri judicium fuerit judicatum, ante matrem Ecclesiam terminetur. Si plana lex erit facienda, ibi fiat ubi placitum prius fuit. In Parrochia Episcopi sine licentia ejus, nullus audeat praedicare. Qui in praedictas culpas inciderit si sponte ad paenitentiam venerit, paenitentia ei pro qualitate criminis injungatur, & pecunia nullatenus Exigatur. Si laicus raptum in atrio fecerit, Episcopo emendabit, si vero alibi fecerit, quocunque modo faciat, Episcopus nihil habebi●. Has consuetudines habeant Episcopi in illis locis, in quibus eas tempore Rodberti Comitis vel Guillelmi Regis ejus concessione hactenus habuerunt. Quae vero quieta fuerunt, eam quietudinem habeant, quam huc usque solide tenuerunt in his omnibus, justitiis & consuetudinibus Rex sibi retinet quod huc usque habuit. Si Presbyter domini sui judicio contradixerit de Ecclesiastica causa, & eum in curiam Episcopi eundo injuste fatigari fecerit, domini suo X. solidos emendabit. Si Episcopi aliquid quod non sit hic Scriptum, in Regis Curia, monstrare possunt, se habuisse tempore Rodberti Comitis, vel Gulielmi Regis, ejus concessione. Rex eis non tollit, quin habeant: tantummodo illud nullatenus faisiscant: donec in Curia ejus monstrent quod habere debeant, similiter & laicis propter hoc scriptum, Rex nil tollit, quod in Curia ejus monstrare possint Episcopos non debere habere: tantummodo Episcopos inde non disaisiscant, donec in Curia Regis monstratum sit, quod Episcopi inde habere non debeant. Eadm. Hist. nov. fol. 16. Anselmo Dei Gratiâ Anglorum Archiepiscopo, Clerus & Populus Oppidi Wataferdiae cum Rege Murchertacho & Episcopo Dofnaldo, salutem N. 16 in Domino. Pater Sancte, caecitas ignorantiae nos diu detrimenta salutis nostrae sustinere coegit, quod magis eligimus serviliter Dominico jugo colla subtrahere, quam liberaliter pastorali obedientiae subesse. Nunc a●tem quantum proficiat pastorum causa, Agnovimus, cum aliarum rerum similitudines ad mentem revocamus, quia sine regimine, nec exercitus Bellum, nec navis marinum audet attemptare periculum. Navicul● ergo nostra Mundanis dedita fluctibus sine pastore contra callidum hostem, qua ratione pugnabit? Propterea nos & Rex noster-Murchertachus & Episcopus Dofnaldus, & Dermeth Dux noster frater Regis eligimus hunc Presbyterum Malchum Walkelini Wintoniensis Episcopi Monachum, nobis sufficientissime cognitum, natalibus & moribus nobilem, Apostolica & Ecclesiae Disciplina imbutum, fide Catholicâ prudentem, moribus temperatum, vitâ castum, sobrium, humilem, affabilem, misericordem, literatum, Hospitalem, suae domui bene propositum, non neophytum, habentem testimonium bonum in gradibus singulis. Hunc nobis petimus à vestrâ paternitate Ordinari Pontificem, quatenus regulariter nobis praeesse valeat & prodesse, & nos sub ejus regimine salubriter Domino militare possimus. Vt autem omnium nostrorum vota in hanc electionem convenire noscatis, hinc decreto canonico promptissima voluntate singuli Manibus propriis roborantes subscripsimus. Ego Murchertachus Rex Hiberniae subscripsi. Ego Dermeth Dux frater Regis subscripsi. Ego Dofnaldus Episcopus S. S. Ego Idunan Episcopus Midiae S. S. Ego Samuel Dunelmensis Episcopus S. S. Ego Ferdomnachus, Laginiensium Episcopus S. S. Subscripserunt hic multo plures, quos nos brevitate studentes notare non necessarium duximus. Ipse quoque Rex faciebat quaedam, quae facienda non videbantur, Eadm. Hist. f. 43. n. 30. de Ecclesiis, quas post obitum Praelatorum aliter quam oporteret tractabat. N. 17 Me etiam, & Ecclesiam Cantuariensem multis modis gravabat. Terras namque ipsius Ecclesiae, quas post mortem Archiepiscopi Lanfranci, cum in manu sua Archiepiscopatum teneret, militibus suis dederat, mihi sicut eas idem Archiepiscopus tenuerat non reddebat, sed insuper alias secundum libitum suum, me Nolente dabat. Servitia gravia & Antecessoribus meis inusitata ultra quam ferre possem aut pati deberem à me exigebat. Legem autem Dei, & Canonicas & Apostolicas authoritates, voluntariis consuetudinibus obrui videbam. De hiis omnibus cum loquebar, nihil efficiebam, & non tam simplex Rectitudo quam voluntaria consuetudines obtendebantur. Sciens igitur quod si haec ita usque in finem tolerarem, in damnationem animae meae successoribus meis tam pravam consuetudinem confirmarem, nec de his placitare poteram (nullus enim aut consilium aut auxilium mihi ad haec audebat dare) petii à Rege licentiam adeundi vestram Paternitatem, quatenus illi & cordis mei angustias ostenderem, & deinde ejus consilio & auxilio, quod salubrius esset animae meae agerem. Quâ de reiratus petiit ut de hujus licentiae petitione quasi de gravi offensa illi satisfacerem, & securum illum facerem, me deinceps nullo modo requisiturum, pro aliqua necessitate, Apostolicum, nec saltem inde locuturum, aut si unquam hoc facturus eram, in praesenti hoc facerem. Sic itaque mare transii causa ad vos veniendi. Quod sicut dixi facere non possum. Quoniam aut impossibile est me hujusmodi vitae concordare aut animam meam in tali Episcopatu salvari, tum propter rerum quas dixi qualitates, tum propter meas multimodas & sensus, & morum, & naturae, & aetatis imbecillitates; Haec est summa supplicationis meae propter quam ad vos ire volebam, ut sicut Deum animae meae, & animam meam Deo desideratis, per paternam & Apostolicam pietatem, quae Cor vestrum inhabitat, animam meam de vinculo tantae servitutis absolvatis eique libertatem serviendi Deo in tranquillitate reddatis, ne abundantiore tristitia sicut jam nimis passa est absorbeatur, & de dolore temporali ad aeternum pertrahatur; deinde ut Ecclesiae Anglorum secundum prudentiam, & a●ctoritatem Apostolatus vestri consulatis. Omnipotens Dominus vestram sanctitatem Nobis in suae gratiae prosperitate diu servet incolumem, & conterat Sathanam, & portas inferi sub pedibus vestris. Amen. Eadm. Hist. f. 59 n. 40. Paschalis Episcopus servus servorum Dei, Dilecto filio Henrico Regi N. 18 Anglorum, salutem, & Apostolicam Benedictionem. Legationis tuae verba fili Charissime gratanter accepimus, sed vellemus obedientiam promittentis. In quibus nimirum Sanctae Romanae Ecclesiae illa in tuo regno pollicebaris, quae tempore tui Patris habuerat, eos requirens honores quos Antecessorum nostrorum tempore Pater tuus habuerat. Quae profecto omnia grata in superficie viderentur, interius requisita & Legati tui vocibus exposita, gravia & vehementissima paruerunt. Quaerebas enim ut tibi Episcoporum, Abbatumque per Investituram constituendorum jus & facultas a Romana indulgeretur Ecclesia, & quod per se solum fieri omnipotens Dominus perhibet, hoc Regiae potestatis fieret. Ait enim Dominus. Ego sum ostium; Per me si quis introierit, salvabitur. Cum autem Ecclesiae ostium Reges esse arrogant, fit profecto ut qui per eos Ecclesiam ingrediuntur, non pastores sed fures & latrones habeantur, eodem Domino dicente. Qui non intrat per ostium in ovile ovium sed ascendit aliunde, fur est & latro. Et quidem si à nobis magnum aliquid tua dilectio postularet, quod cum Deo, cum Justitia, cum nostri Ordinis salute concedi posset, graviter utique concederemus. Hoc vero tam grave, tam indignum est, ut nulla ratione Catholica id admittat Ecclesia. Facilius ad extrema quaelibet beatus Ambrosius cogi potuit quam Imperatori Ecclesiae permittere potestatem. Respondit enim. Noli gravare te Imperator, ut putes mea quae divina sunt, imperiale aliquod jus habere. Noli te extollere, sed si vis diutius imperare, esto Dei subditus. Scriptum est, Quae Dei Deo, quae Caesaris Caesari. Ad Imperatorem Palatia pertinent, ad Sacerdotem Ecclesiae, Publicorum tibi moenium jus commissum est, non sacrorum. Quid tibi cum Adultera? Adultera est enim quae non est legitimo conjugio copulata. Audis, ô Rex, adulteram Ecclesiam nuncupari quae non legitime nupserit. Ecclesiae siquidem sponsus unusquisque aestimatur Episcopus juxta Scripturam illam qua ex fratris uxore frater non sui nominis filios suscitare praecipitur, & sponsae contemptor à futuro sponso discalciari mandatur. Vides igitur, ô Rex, quam ignominiosum, quam periculosum sit per filios suos matrem adulterio pollui! Si ergo Ecclesiae filius es, quod utique omnis Catholicus Christianus est, permitte matri tuae legitimum sortiri conjugium, ut non per hominem sed per Deum & hominem Christum legitimo sponso copuletur Ecclesia. Per Deum enim Episcopos eligi, cum canonice eliguntur, testatur Apostolus Paulus, dicens, Nec quisquam sumit sibi honorem sed qui vocatur à Deo, tanquam Aaron. Et beatus Ambrose. Merito, inquit, creditur quod divino esset electus judicio, quem omnes postulavissent. Et post pauca. Vbi universorum postulatio congruit, dubitare nos non oportet ibi Dominum Jesum & voluntatis Auctorem, & petitionis Arbitrum fore, & ordinationis Praesulem, & Largitorem gratiae. Praeterea Propheta David ad Ecclesiam loquens ait. Propatribus tuis nati sunt tibi filii, constitues eos Principes super omnem terram. Ecclesia filios genuit. Ecclesia Principes statuit. Possemus alia de scripturis sacris testimonia & exempla proponere, quibus constaret Ecclesiae sponsos ac pastores Episcopos non saecularium potestatem nutu, sed Christi dispositione & Ecclesiae indicio praeponendos. Vnde etiam Imperator Justinianus sanxit in legibus sic. Debet enim prius disceptari de vita Episcopi utrum bona sit, an reprehensibilis, & utrum bonis testimoniis muniatur, an non. Et infra. Fiat, inquit, facultas unicuique si velit contradicere. Et siquidem ante consecrationem fuerit contradictio facta, non prius consecretur Episcopus, nisi disceptatio de contradictione sit facta, ut undique appareat innoxius is qui ad Episcopatum vocatur. Ecce quod Populi totius esse, pronunciat Imperator, hoc sui solius esse, Regia potestas incessit. Ipsius etiam Imperatoris lege cautum est ut nec profectio, nec ingressus ad Imperatorem, sine Metropolitani literis, pateret Episcopo. Quem ergo in Curia tua sine Metropolitani literis admittere non debes, eum vis, ô Rex, in Ecclesia principem constituere? Monstruosum profecto est, ut Patrem filius generare, homo Deum creare debeat. Sacerdotes namque in Scripturis Sanctis Deos vocari tanquam Dei vicarios manifestum est. Vnde sanctae memoriae Constantinus Imperator de Episcoporum causis disceptare ausus non fuisse describitur. Propter hoc sancta Romana Ecclesia & Apostolicà per Praedecessores nostros Regiae Usurpationi, & investiturae abominabili vivaciter obviare curavit, & gravissimis persecutionibus per Tyrannos affecta, usque ad tempora nostra non destitit. Confidimus autem in Domino, quoniam nec in nobis confidentiae suae virtutem, Ecclesiae Princeps Petrus & Episcoporum primus amittet. Porro saecularium Potestatum & Regum in Ecclesia quod sit officium, exponit Apostolus Paulus dicens. Dei enim Minister est tibi in bonum. Non enim sine causa gladium portat, Dei enim Minister est vindex in ira ei qui male agit. Et Petrus Apostolus in eadem verba consentiens, sive Regi, ait, quasi praecellenti, sive Ducibus tanquam ab eo missis ad vindictam malefactorum, laudem vero bonorum. Inter ista, Rex, nullius tibi persuasio profana surripiat, quasi aut potestati tuae aliquid diminuere, aut Nos, in Episcoporum promotione aliquid Nobis velimus amplius vendicare. Immo si ab hoc propter Deum desistas, quod contra Deum esse manifestum est, quod cum Deo, nec tu exercere, nec Nos concedere aut cum nostra seu tua salute possumus, quicquid deinceps postulaveris, quod cum Deo possumus, libentius indulgebimus, & honori tuo, & sublimationi, propensius insistemus. Nec exstimes quod potestatis tuae columen infirmetur, si ab hac profana usurpatione desistas. Immo tunc validius, tunc robustius, tunc honorabilius regnabis, cum in regno tuo divina regnabit autoritas. Tunc amicitiam & familiaritatem nostram firmius obtinebis, & regni tutores beatos Apostolos habere gaudebis. Nec tibi nunc in petitionibus tuis abesse poterimus, cui petitionum nostrarum fautorem Dominum adesse senserimus. Ipse omnipotens Deus in cujus manu corda sunt Regum, assit hortatui nostro, assit auditui tuo, ut dum juxta praecepta ejus tuas disposueris actiones, ipse regnum tuum pacis & honoris sui stabilitate ac sublimatione disponat. Amen. Paschalis Episcopus Servus Servorum Dei, Eadem. 〈◊〉 fol. 63. N. ● charissimo ●ilio Henrico Regi Anglorum, salutem, & Apostolicam benedictionem. Regi Regum N° 19 Domino gratias agimus, qui te in regnum beneplacito suae voluntatis evexit, & tanquam Christianum Regem in beneplacito suae voluntatis▪ ineffabili misericordia custodivit. Rogamus ergo ut bona regni tui exordia in melius augeat, & usque in finem sua in te dona custodiat. Deseruisti enim fratris tui Regis impietatem, quam divino conspicis judicio terribiliter vindicatam Ecclesias libertati restituisti, Clerum honorare coepisti, & Cleri Principes Episcopos immo in his Christum Dominum venerari. Confidimus itaque quoniam usque in finem eadem sapies & in eadem probitate persistes nisi sunt aliqui perversae mentis homines qui cor Regum per Episcoporum & Abbatum Investituras Divinae indignationi aptare conantur. Quorum in hac parte consilia tanquam virus tibi sunt evitanda, ne illum offendas per quem Reges regnant, & potentes justa decernunt. Quem profecto si propitium habueris faeliciter regnabis potestatemque integram & divitias obtinebis. Quem si, quod absit, offendis, non Procerum consilia, non Militum subsidia, non arma, non divitiae ubi subvertere caeperit, poterunt subvenire. Porro in honore Domini, in Ecclesiae libertate, Nos familiares, Nos adjutores habebis. Nec opineris quia quisquam Nos a tua divellet amicitia, si ab Investituris abstinere, si honorem debitum & libertatem à Domino institutam conservaveris. Ecclesiarum siquidem Investituras nos sancti Spiritus judicio Regibus & Principibus, Investitures of Churches taken away from Kings, Princes, and all Laics by the Pope. immo Laicis omnibus interdicimus. Nec enim decet ut a filio mater in servitutem addicatur, ut sponsum quem non optavit accipiat. Habet sponsum suum Regem ac Dominum nostrum qui te misericordia sua in potentia & probitate custodiat, & a terreno ad caeleste perducat. Amen. Eadm. Hist. fol. 67. N. 30. Primum itaque ex auctoritate sanctorum Patrum Simoniacae haeresis surreptio in eodem Concilio damnata est. In qua culpa inventi, depositi N° 20 sunt Guido Abbas de Perscore, & Wimundus de Tavestach, & Ealdwinus de Rameseia, & alii nondum sacrati, remoti ab Abbatiis, scilicet Godricus de Burgo, Haimo de Cernel, Egelricus de Mideltune, absque simonia vero remoti sunt ab Abbatiis pro sua quisque causa, Richardus de Heli, & Robertus de sancto Edmundo, & qui erat apud Micelenei. Statutum quoque est, ne Episcopi saecularium placitorum officium suscipiant, & ut non sicut Laici, sed, ut religiosas personas decet, ordinatas vestes habeant, & ut semper & ubique honestas personas testes habeant suae conversationis. Vt etiam Archidiaconatus non dentur ad firmam. Vt Archidiaconi sint Diaconi. Vt nullus Archidiaconus, Presbyter, Diaconus, Canonicus uxorem ducat vel ductam retineat. Subdiaconus vero quilibet qui Canonicus non est, si post professionem castitatis uxorem duxerit, eâdem regulâ constringatur. Vt Presbyter quandiu illicitam conversationem mulieris habuerit, non sit legalis, nec missam celebret, nec si celebraverit, ejus missa audiatur. Vt nullus ad Subdiaconatum aut supra ordinetur sine professione castitatis. Vt filii Presbyterorum non sint haeredes Ecclesiarum Patrum suorum. Ne quilibet Clerici sint saecularium praepositi, vel Procuratores, aut Judices sanguinis. Vt Presbyteri non eant ad potationes, nec ad pinnas bibant. Vt vestes Clericorum sint unius coloris, & calciamenta ordinata. Vt Monachi vel Clerici qui ordinem suum abjecerunt, aut redeant, aut excommunicentur. Vt Clerici patentes Coronas habeant. Vt Decimae non nisi Ecclesiis dentur. Ne Ecclesiae aut Praebendae emantur. Ne novae Capellae fiant sine consensu Episcopi. Ne Ecclesia sacretur donec provideantur necessaria & Presbytero, & Ecclesiae. Ne Abbates faciant Milites, & ut in eâdem domo cum Monachis suis manducent & dormiant, nisi necessitate aliqua prohibente. Ne Monachi poenitentiam cuivis injungant sine permissu Abbatis sui, & quod Abbates eye licentiam de hoc dare non possunt, nisi de eis quorum animarum curam gerunt. Ne Monachi Compatres, vel Monachae Commatres fiant. Ne Monachi teneant villas ad firmam. Ne Monachi Ecclesias nisi per Episcopos accipiant, neque sibi datas ita expolient suis redditibus, ut Presbyteri ibi servientes in iis quae sibi & Ecclesiis necssaria sunt, penuriam patiantur. Vt fides inter virum & mulierem occulte & sine testibus de conjugio data, sibi ab alterutro negata fuerit, irrita habeatur. Vt criniti sic tondeantur, ut pars aurium appareat, & oculi non tegantur. Nec cognati usque ad septimam generationem ad conjugium non copulentur, vel copulati simul permaneant, si quis hujus incestus conscius fuerit, & non ostenderit, ejusdem criminis se participem esse cognoscat. Ne corpora defunctorum extra parochiam suam sepelienda portentur. Vt Presbyter parochiae perdat, quod inde illi juste debetur. Ne quis temeraria novitate corporibus mortuorum, aut fontibus, aut aliis rebus, quod contigisse cognovimus, sine Episcopali auctoritate, reverentiam sanctitatis exhibeat. Ne quis illud nefarium negotium, quo hactenus homines in Anglia solebant velut bruta animalia venundari, deinceps ullatenus facere praesumat. Sodomiticum flagitium facientes, & eos in hoc voluntarie juvantes, in hoc eodem consilio gravi anathemate damnati sunt, donec paenitentia & confessione absolutionem mereantur. Qui vero hoc crimine publicatus fuerit, statutum est siquidem fuerit persona religiosi Ordinis, ut ad nullum amplius gradum promoveatur, & si quem habet ab illo deponatur. Si autem Laicus, ut in toto regno Angliae, legali suae conditionis dignitate privetur. Et ne hujus criminis absolutionem iis qui se sub regula vivere non noverunt aliquis nisi Episcopus facere praesumat. Statutum quoque est ut per totam Angliam in omnibus Dominicis diebus Excommunicatio renovetur. Eadm. Hist. fol. 71. lin. 8. Paschalis Episcopus Servus Servorum Dei, Anselmo Cantuariensi venerabili N. 21 fratri & Episcopo, salutem, & benedictionem. Suavissimas dilectionis tuae suscepimus literas, caritatis calamo scriptas. Neque enim aliud cartae calamus indidit quam quod de fonte caritatis intinxit. In his reverentiam devotionis tuae complectimur, & perpendentes fidei tuae robur, & piae sollicitudinis instantiam, exultamus quia gratiâ Dei tibi praestante auxilium, te nec minae concutiunt, nec promissa sustollunt. Dolemus autem quia cum fratres nostros Episcopos Legatos Regis Anglorum benigne suscepissemus, quae nec diximus eis nec cogitavimus, redeuntes ad propria retulerunt. Audivimus enim eos dixisse, quod si Rex in aliis bene ageret, Nos investituras Ecclesiarum nec prohibere nec factas excommunicare, & quod ideo volebamus cartae committere, ne sub hac occasione & caeteri Principes in Nos inclamarent. Vnde Ihesum, qui renes & corda scrutatur in animam nostram testem inducimus, si ex quo hujus sanctae Sedis curam cepimus gerere hoc immane scelus vel descendit in mentem. Et hoc Deus avertat à Nobis ut est, & non s●rrependo inficiat Nos, ut aliud habeamus ore promptum, aliud corde reconditum cum contra mendaces Propheta imprecetur, dicens, Disperdat Dominus universa labia dolosa. Si vero nostro silentio pateremur Ecclesiam felle amaritudinis & impietatis radice pollui, qua ratione possemus apud internum Judicem excusari, cum Dominus sub specie Sacerdotum dicat Prophetae, Speculatorem●te dedi domus Israel. Non bene custodit urbem qui in specula positus tum non obsistit, eam hostibus diripiendam exponit. Si ergo virgam Pastoralitatis signum, De inv●stitura. si Annulum signaculum fidei tradit Laica manus, quid in Ecclesia Pontifices agunt? Ecclesiae honor atteritur, solvitur disciplinae vigor, & omnis religio Christiana conculcatur si quod novimus Sacerdotibus solis deberi, Laica patiamur temeritate praesumi. Non est Laicorum Ecclesiam tradere, nec filiorum matrem adulterio maculare. Jure ergo privandus est patrimonio qui matrem polluit adulterio, nec meretur Ecclesiasticae benedictionis consortium, qui eam impia infestatione insequitur. Laicorum enim est Ecclesiam tueri non tradere. Ozias quidem cum illicitum sibi Sacerdotium vendicaret, lepra percussus est. Filii quoque Aaron quia alienum ignem imposuerunt, igne Divino consumpti sunt. Alienum est ab Ecclesia, & a sacris Canonibus est inhibitum, ne Principes & saeculares viri investituras non solum non dare, sed nec electioni Episcoporum se audeant violenter inserere. In septima quippe Synodo, ut nostis, scriptum est. Sancta & universalis Synodus definivit neminem Laicorum Principum, potentumve semet inserere Electioni Episcoporum vel promotioni eorum. Si ergo filii Aaron, qui ignem alienum intulerunt, corporaliter puniti sunt, isti qui à Laicis à quibus alienum est Ecclesiam susceperunt, spirituali gladio feruntur. Episcopos autem qui veritatem in mendacio invocarunt, ipsa veritate quae Deus est in medium introducta à beati Petri gratia, & à nostra societate excludimus donec Romanae Ecclesiae satisfaciant & reatus sui pondus àgnoscant. Quicunque vero intra praedictas inducias Investituram seu Consecrationem acceperunt, à Consortio, fratrum & ordinatores & ordinatos alienos habemus, nec eis ad excusationem deceptio sufficit, quia & Propheta ab alio Propheta deceptus nec ideo mortem evasit. Rogamus interea caritatem tuam Nos tuis sanctis precibus commendari, ut quanto propius ad Deum passibus virtutum acceleras, nobis orationum tuarum manus extendas. Omnipotens Deus qui te ad hujus stadii cursum invitavit, foelici consummatione perducat ad praemium. Dato TWO Id. Decembr. apud Beneventum. Paschalis Episcopus Servus Servorum Dei, Eadm. Hist. f. 73. n. 40. Venerabili fratri Anselmo Cantuariensi Episcopo, salutem, & Apostolicam Benedictionem. Fraternitatis N. 22 tuae postulationibus Nos annuere, tuae sapientiae & religionis persuadet auctoritas. Quondam enim in literis ab Apostolica tibi sede directis Cantuariensis Ecclesiae primatum, ita tibi plenum concessimus sicut à tuis constat Praedecessoribus fuisse possessum. Nunc autem petitionibus tuis annuentes jam tibi quam legitimis successoribus tuis eundem Primatum, & quicquid dignitatis seu potestatis eidem Sanctae Cantuariensi seu Dorobernensi Ecclesiae pertinere cognoscitur, literis praesentibus confirmamus sicut à temporibus beati Augustini Predecessores tuos habuisse Apostolicae sedis auctoritate constiterit. Datae Lateranis XVI Kl. Decembris indictione XII. Paschalis Episcopus Servus Servorum Dei, Eadm. Hist. f. 74. n. 10. Illustri & Glorioso Regi Anglorum Henrico, salutem, & Apostolicam Benedictionem. In literis quas nuper ad Nos per familiarem tuum nostrae dilectionis filium Willielmum Clericum transmisisti, & personae tuae sospitatem cognovimus, De investitu● N. 23 & successus prosperos quos tibi superatis regni adversariis benignitas Dominica concessit. Audivimus praeterea optatam virilem sobolem ex ingenuâ & religiosa te conjuge suscepisse. Quod profecto cum Nos laetificavit, opportunum rati sumus nunc tibi praecepta, & voluntatem Dei validius inculcare, cum amplioribus beneficiis Deo te plurimum perspicis debitorem. Nos quoque divinis beneficiis benignitatem nostram penes te sociare optamus, sed grave nobis, quia id à Nobis videris expetere, quod praestare omnino non possumus. Si enim aut consentiamus aut patiamur investituras à tua excellentia fieri, & nostrum proculdubio, & tuum erit immane periculum. Qua in re contemplari te volumus quid aut non faciendo perdas, aut faciendo conquiras. Nos enim in prohibitione hac nihil amplius obedientiae, nihil liberalitatis per Ecclesias nanciscimur, nec tibi debitae potestatis aut juris subtrahere quicquam nitimur, nisi ut erga te Dei indignatio minuatur, & sic tibi prospera cuncta contingant. Ait enim Dominus Honorificantes me honorificabo. Qui me autem contemnunt erunt ignobiles. Dices itaque mei hoc juris est. Non utique non est Imperatorium, non est Regium sed Divinum. Solius illius est qui dixit. Ego sum ostium. Vnde pro ipso rogo te, cujus hoc munus est, ut ipsi hoc reddas. Ipsi dimittas cujus amori etiam quae tua sunt debes. Nos autem cur tuae obniteremur voluntati, cur obsisteremus gratiae, nisi Dei in hujus negotii consensu sciremus voluntati obviare gratiam amittere? Cur tibi quicquam nega●em quod cuiquam esset mortalium concedendum cum beneficia de te ampli●ra sumpserimus? Perspice, fili Karissime, utrum decus an dedecus tibi sit▪ quod Sapientissimus ac Religiossimus Gallicanorum Episcoporum Anselmus Cantuariensis Episcopus propter hoc tuo lateri adhaerere, tuo veretur in regno consistere. Qui tanta de te hactenus bona audierant, quid de te sentient, quid loquentur, cum hoc fuerit in regionibus divulgatum. Ipsi qui coram te tuos excessus extollunt, cum praesentia tua caruerint, hoc profecto validius infamabunt. Redi ergo fili Karissime ad cor tuum propter misericordiam Dei, & propter amorem unigeniti deprecamur revoca Pastorem tuum, revoca Patrem tuum. Et si quid quod non opinamur adversus te gravius gesserit, siquidem Investituras aversatus fueris, Nos juxta voluntatem, quantum cum Deo possumus, moderabimur. Tu tamen talis repulsae infamiam à persona tua & regno amoveas. Haec si feceris, & si gravia quaelibet à Nobis petieris, quae cum Deo praeberi facultas sit, profecto consequeris, & pro te Dominum, ipso adjuvante, exorare curabimus & de peccatis tam tibi quam Conjugi tuae Sanctorum Apostolorum meritis absolutionem & indulgentiam faciemus. Filium etiam tuum quem ex spectabili & gloriosa conjuge suscepisti, quem, ut audivimus, egregii Patris Willielmi vocabulo nominasti, tanta tecum imminentia confovebimus, ut qui vel te vel illum laeserit, Romanam laesisse videatur Ecclesiam. Quid super his ad honorem Dei & Ecclesiae gloriam exhibiturus sis, maturius Nobis volumus responderi, interventu, videlicet, talium Legatorum, de quorum relationibus nec noster debeat, nec vester auditus ambigere. Datae Lateranis IX Kl. Decembris. Eadm. Hist. f. 74 n. 30. Suo Reverendo Domino Henrico Regi Anglorum, Anselmus Cantuariensis Archiepiscopus fidele servitium, cum orationibus. Quamvis per Willielmum de Warelwast cognoscatis quid Romae fecerimus, tamen quod ad me pertinet breviter ostendam. De investituris. Romam veni, causam pro qua veneram N. 24 Domino Papae exposui. Respondit se nequaquam velle dissentire à statutis Antecessorum suorum, & insuper praecepit mihi ut nullam haberem communionem cum illis, qui de manu tua Investituras acceperunt Ecclesiarum, post hujus prohibitionis notitiam, nisi paenitentiam agerent, & sine spe recuperationis quod acceperant desererent, neque cum Episcopis qui tales consecrarunt, nisi ad Apostolicae sedis judicium se praesentarent. Horum omnium testis esse potest praedictus Willielmus, si vult. Qui Willielmus quando ab invicem discessimus, ex vestra parte commemorans amorem & benignitatem quam semper erga me habuistis, summonuit me sicut Archiepiscopum vestrum, ut talem me facerem quatenus sic intrarem in Angliam, ut esse possum vobiscum, sicut fuit Antecessor meus cum Patre vestro, & vos me eodem honore & libertate tractaretis, qua Pater vester Antecessorem meum tractavit. In quibus verbis intellexi quia nisi me talem facerem, reditum meum in Angliam non velletis. De amore quidem & benignitate gratias ago. Vt autem ita sim vobiscum, sicut Antecessor meus fuit cum Patre vestro, facere non possum, quia nec vobis Homagium facere, nec accipientibus de manu vestra Investituras Ecclesiarum propter praedictam prohibitionem me audiente factam audeo communicare. Vnde precor ut mihi vestram, si placet, mandetis voluntatem, utrum sic quemadmodum dixi possim in pace vestra & officii mei potestate redire in Angliam. Paratus enim sum & vobis & populo divina mihi dispositione commisso officii mei servitium pro viribus & scientia mea, servata regulari obedientia, fideliter exhibere. Quod si votis non placuerit, puto quia si quod animarum detrimentum inde contigerit, mea culpa non erit. Omnipotens Deus sic regnet in corde vestro ut vos per omnia regnetis in gratia ejus. Paschalis Episcopus Servus Servorum Dei, Eadm. Hist. fol. 79. lin. ● Venerabili Fratri Cantuariensi Archiepiscopo Anselmo, salutem, & Apostolicam Benedictionem. De N. 25 illata tibi injuria membra Ecclesiae non modicum patiuntur, quia, sicut dicit Apostolus, si compatitur unum membrum compatiuntur & caetera membra. Licet enim corporali seperemur praesentia, unum tamen in capite sumus. Tuas namque injurias ac repulsas aeque ac nostras portamus. Illud etiam nos vehementer affligit, quod tua religio regno sublata est Anglico. Quae enim sunt sine Pastore oves, Lupus rapit & dispergit. Iccirco de tua ad eos reversione modis quibus possumus laboramus. Vnde in Concilio nuper habito ex communi Fratrum & Coepiscoporum sententia deliberatum est, & Regis Consiliarios qui ad Investiturae ●lagitium illum impellunt, & eos qui ab eo Investiti sunt, ab Ecclesiae liminibus repellendos, quia de libera facere conantur Ancillam. Quam nimirum sententiam nos Sancti Spiritus judicio, in Comitem de Mellento, & ejus complices promulgavimus, & eandem ipsam in eos qui sunt Investiti a Rege, ejusdem Sancti Spiritus judicio confirmamus. Regis vero sententia, ea ex causa dilata est, quia suos ad Nos Nuncios in praeteritae Paschae tempore debuit destinare. Datae Lateranis VII Kl. Aprilis. Anno Dom. 1104. Patri dilectissimo Anselmo Cantuariensi Archiepiscopo, Eadm. Hist. fol. 84. n. 20. Gerardus Eboracensis Archiepiscopus, & Robertus Cestrensis, & Herbertus N. 26 Norwicensis, & Radulphus Cicestrensis, & Samson Wigorniensis Episcopi, & Willielmus Wintoniensis electus, salutem. Sustinuimus pacem, & ipsa longius recessit; quaesivimus bona, & invaluit turbatio. Viae Sion lugent, quia eas conculcant incircumcisi. Templum moeret, quia intra Sancta Sanctorum, & ad ipsam Aram irruperunt Laici. Exurge ut olim senex ille Mathathias. Habes in filiis tuis virtutem Judae, strenuitatem Jonathae, prudentiam Simonis. Hii tecum praeliabuntur praelium Domini, & si ante Nos appositus fueris ad Patres tuos, de manu tua suscipiemus haereditatem laboris tui. Sed jam non est tibi pigritandum. Vt quid enim peregrinaris, & oves tuae sine Pastore pereunt? Jam apud Deum nulla tibi remanet excusatio. Te enim non solum subsequi, sed & praeire si jusseris parati sumus. Veni ergo ad Nos, veni cito, vel Nos aut ex Nobis aliquos ad te venire jube, ne dum sejuncti a te sumus in sinistram te partem inclinent eorum consilia qui sua quaerunt. Nos enim jam in hac causa non quae nostra, sed quae Dei sunt quaerimus. Henrico suo Karissimo Domino, gratia Dei Regi Anglorum, Eadm. Hist. fol. 85. n. 30. Anselmus Archiepiscopus Cantuariae, fideles orationes, cum fideli servitio. N. 27 Ad me pertinet, si audio quod faciatis aliquid, quod animae vestrae non expediat, ut hoc vobis non taceam, ne, quod Deus avertat, Deus irascatur, & vobis, si facitis quod illi non placeat, & mihi, pro taciturnitate mea. Audio quod vestra excellentia, vindictam expercet super Presbyteros Angliae, & forisfacturam exigit ab eyes, qui non servaverunt praeceptum Concilii quod ego cum vestro favore tenui apud Lundoniam cum aliis Episcopis, & religiosis personis. Quod hactenus inauditum & inusitatum est in Ecclesia Dei, de ullo Rege, & de aliquo Principe. Non enim pertinet secundum legem Dei hujusmodi culpam vindicare, nisi ad singulos Episcopos per suas I.c. Dioeceses. Parochias; aut si & ipsi Episcopi in hoc negligentes fuerint, ad Archiepiscopum & Primatem. Precor igitur vos sicut charissimum Dominum, cujus animam diligo, plus quam praesentem vitam corporis mei, & consulo sicut vere fidelis corpori, & animae vestrae ne vos contra Ecclesiasticam Consuetudinem in tam grave peccatum mittatis, & si jam incepistis, ut omnino d●si●tatis. Dico enim vobis quod valde timere debetis, quod pecunia taliter accepta, ut taceam quantum noceat animae, non tamen cum expendetur, adjuvabit terrena negotia, quantum postea perturbabit. Denique vos scitis quia me in Normannia in pacem vestram suscepistis, & de Archiepiscopatu meo, me resaisistis, & quod cura & vindicta talis offensae maxime pertinet ad Archiepiscopatum, quoniam plus sum Episcopus pro spirituali Cura, quam pro terrena possessione. Omnipotens Deus sic & in hoc, & in aliis actibus vestris dirigat cor vestrum secundum voluntatem suam, ut post hanc vitam perducat vos ad gloriam suam. Amen. Eadm. Hist. fol. 87. lin. 4. Paschalis Episcopus Servus Servorum Dei, Venerabili fratri Anselmo N. 28 Cantuariensi Episcopo, salutem, & Apostolicam Benedictionem. Quod Anglici Regis cor ad Apostolicae sedis obedientiam, Omnipotentis Dei dignatio inclinavit, eidem miserationum Domino gratias agimus, in cujus manu Regum corda versantur. Hoc nimirum tuae caritatis gratia, tuarumque orationum instantia factum credimus, ut in hac parte populum illum cui tua sollicitudo praesidet, miseratio superna respiceret. Quod autem & Regi, & iis qui obnoxii videntur, adeo condescendimus eo affectu & compassione factum noveris, ut eos qui jacebant erigere valeamus. Qui enim stans jacenti ad sublevandam manum porrigit, nunquam jacentem eriget nisi & ipse curvetur. Caeterum quamvis casui propinquare inclinatio videatur, statum tamen rectitudinis non amittit. Te autem, Frater in Christo Venerabilis & Karissime, ab illa prohibitione, sive, ut tu credis, excommunicatione absolvimus quam ab antecessore nostro, Sanctae memoriae Vrbano Papa adversus Investituras aut Hominia factam intelligis. Tu vero eos qui Investituras acceperunt, aut Investitos benedixerunt, aut Hominia fecerunt, cum ea satisfactione qua tibi per communes Legatos, Willielmum & Baldvinum viros fideles ac veridicos significamus, Domino cooperante, suscipito, & eos vice nostrae authoritatis absolvito, quos vel ipse benedicas vel a quibus volueris benedici praecipias, nisi aliud in eis forte repereris propter quod à sacris sint honoribus repellendi. Caeterum Eliensi Abbati tuae communionis consortium subtrahes, quamdiu Abbatiam retinere praesumpserit, quam, concepto nostri oris interdicto, quod praesens audierat, per repetitam Investituram praesumpsit invadere. Si qui vero deinceps praeter Investituras Ecclesiarum, praelationes assumpserint, etiam si Regi Hominia fecerint; nequaquam ab hoc a benedictionis munere arceantur, donec per Omnipotentis Domini gratiam, ad hoc omittendum, cor regium, tuae praedictationis imbribus moliatur. Praeterea super Epistolis qui falsum ut nosti à nobis rumorem retulerunt, Cor nostrum vehementius aggravatur, quia non solum nos laeserunt, sed multorum simplicium animas deceperunt, & regem adversus charitatem Sedis Apostolicae impulerunt. Vnde & multum eorum flagitium, Domino cooperante, non patimur. Verum tamen quia filii nostri Regis instantia pro eis nos pulsat attentius, etiam ipsis communionis tuae participium non negabis, Donec veniendi ad nos praeceptum accipiant. Sane Regem, & ejus conjugem, ac Proceres illos qui pro ho● negotio circa regem ex praecepto nostro laboraverunt & laborare nitentur, quorum nomina ex supradicti Willielmi suggestione cognosces, juxtae sponsionem nostram a poenitentiis suis, & peccatis absolves. Igitur quandoquidem Omnipotens Dominus tantum nos in Angliae regno ad suum & Ecclesiae suae honorem in hac praestitit correctione proficere; ea deinceps mansuetudine, dispensatione, sapientia, provisione circa regem, & Principes, tua fraternitas satagat, ut quae minus adhuc correcta sunt, auxiliante Domino Deo nostro, per tuae sollicitudinis studium corrigantur. Qua in re ita dilectioni tuae nostrum sentias adesse praesidium, ut quae solveris, absolvamus, quae ligaveris, alligemus. Rotomagensis Episcopi causam & interdictum meum justitia dictante prolatum tuae deliberationi commisimus. Quod ei indulseris, indulgemus. Fraternitatem tuam superna dignatio per tempora longa conservet incolumem. Datae X. Kl. Aprilis. Henricus Rex Anglorum, Anselmo Cantuariensi Archiepiscopo, Eadm. Hi● fol. 90. li● salutem & amicitiam. Paternitati & Sanctitati Vestrae significamus, Robert E● of Norma● was his el● Brother. Robertum Comitem Normanniae, cum omnibus copiis militum, & peditum quos prece & pretio adunare potuit, die nominata & determinata, mecum ante Tenerchebraiam acriter pugnasse; & tandem sub misericordia dei vicimus, & sine multa caede nostrorum. Quid plura? N. 29 Divina misericordia, Ducem Normanniae, & Comitem Moritonii, & Willielmum Crispinum, & Willielmum de Ferreris, & Robertum de Stutevile senem, & alios usque ad quadringentos milites, & decem millia peditum in manus nostras, & Normanniam dedit. De illis autem quos gladius peremit, non est numerus. Hoc autem non elationi, vel arrogantiae, nec viribus meis tribuo, sed dono Divinae dispositionis, attribuo: quocirca, Pater reverende, supplex & devotus genibus tuae Sanctitatis advolutus te deprecor, ut supernum Judicem cujus arbitrio, & voluntate triumphus iste tam gloriosus, & utilis mihi contigit, depreceris ut non sit mihi ad damnum, & detrimentum, sed ad initium bonorum operum & servitii D●i, & sanctae Dei Ecclesiae statum, tranquilla pace tenendum, & corroborandum, ut amodo libera vivat, & nulla concutiatur tempestate bellorum. Paschalis Episcopus Servus Servorum Dei, Eadm. Hist● fol. 91. lin. ● venerabili Fratri Anselmo Cantuariensi Episcopo, salutem & Apostolicam benedictionem. De N. Presbyterorum filiis quid in Romana Ecclesia constitutum sit, Fraternitatem tuam nescire non credimus. Caeterum quia in Anglorum regno tanta hujusmodi plenitudo est, ut major pene & melior Clericorum pars in hac specie censeatur nos dispensationem hanc sollicitudini tuae, committimus. Eos enim quos scientia & vita commendat apud vos, ad sacra officia promoveri, pro necessitate temporis, & utilitate Ecclesiae, concedimus; ut in posterum constitutionis Ecclesiasticae praejudicium caveatur De persona quoque Richardi Heliensis Abbatis, petentibus filiis nostris, Henrico Rege & Willielmo de Warlewast, permittimus ut eam in communionem tuam, praemissa satisfactione, suscipias, & si ad Mona sterii regimen utilis ejus persona conspicitur tuae dispensationi committimus, caetera etiam quae in regno illo pro necessitate temporis dispensanda sunt, juxta gentis barbariem, juxta Ecclesiae opportunitates, sapientiae ac religionis tuae sollicitudo dispenset. Datae III. Kl. Junii. Paschalis Episcopus Servus Servorum Dei, Selden ad Eadm. fol. 2● n. 10. Dilecto in Christo filio Henrico glorioso Regi Anglorum, salutem & Apostolicam benedictionem. Omnipotenti Deo gratias agimus qui talem te Regem nostris temporibus N. 31 constituit, qui & terrenum regnum sapienter ad honorem Dei gubernas, & aeterni regni solicitudinem ante oculos mentis portas. Postulasti siquidem a nobis per literas ut in loco, qui Ely dicitur, novus ex Apostolicâ authoritate Episcopatus constituatur, qui Lincolniensem Episcopum tantae magnitudinis esse dixisti, ut ad peragenda ea quae Episcopalis sunt officii unus Episcopus nullatenus sufficere possit. Pro quo, & devotionem tuae voluntatis laudamus & dispositioni assensum praebemus ita tamen ut in celebri loco constituatur, ne nomen Episcopi, quod absit, vil scat. Ad hoc enim Episcopus constituitur, ut populum Dei & verbo doceat, & vita informet, & ad verum Pastorem Domini commissarum sibi animarum, lucra reportet. In hiis quoque de quibus rogasti, licet quaedam ibi inordinata videantur, tuae tamen voluntati refragari nequaquam valemus. Novit praeterea gloria vestra, Dompnum Hervaeum Episcopum quem vita & scientia commendat non modica, nimia barbarorum ferocia, & persecutione de sede sua expulsum, & multâ fidelium fratrumque suorum caede fuisse fugatum. Cujus ut scientia fructum, qui non periit, afferre, & vita bonum valeat Dei populo exemplum praebere, volumus & rogamus ut si qua eum apud vos vacans Ecclesia vocaverit, ibi auctoritate Apostolica constituatur, ne infructuoso diu silentio torpeat, qui vitae coelestis documenta in scientia & moribus portat. Omnipotens Deus Apostolorum suorum precibus & vos, & prolem vestram custodiat & coeleste post terrenum vobis regnum concedat. Dat. XI. Kal. Decembris. Eadm. Hist. fol. 102. lin. 8. Anselmus Minister Ecclesiae Cantuariensis, Thomae electo Archiepiscopo N. 32 Eboracensi. Tibi Thoma, in conspectu Omnipotentis Dei, Ego Anselmus Archiepiscopus Cantuariensis et totius Britanniae Primas, loquor. Loquens ex parte ipsius Dei, Sacerdotale officium, quod meo jussu in Parochia mea per suffraganeum meum suscepisti, tibi, interdico, atque praecipio ne te de aliqua Cura Pastorali, ullo modo praesumas intromittere, donec a rebellione quam contra Ecclesiam Cantuariensem incepisti, discedas, et ei subjectionem quam Antecessores tui, Thomas videlicet, et Girardus Archiepiscopus, ex antiqua Antecessorum consuetudine, professi sunt, profitearis. Quod si in iis, quae coepisti magis perseverare, quam ab eis desistere, delegeris, Omnibus Episcopis totius Britanniae sub perpetuo Anathemate interdico, Ne tibi ullus eorum manus ad promotionem Pontificatus imponat, vel, si ab externis promotus fueris, pro Episcopo vel in aliqua Christiana communione te suscipiat. Tibi quoque Thoma sub eodem Anathemate ex parte Dei interdicto, ut nunquam benedictionem Episcopatus Eboracensis suscipias, nisi prius professionem, quam Antecessores tui Thomas & Girardus Ecclesiae Cantuariensi fecerunt, facias: Si autem Episcopatum Eboracensem ex toto dimiseris, concedo, ut officio Sacerdotali, quod jam suscepistis, utaris. Eadm. Hist. fol. 120. lin. 3. Paschalis Episcopus Servus Servorum Dei, Venerabilibus fratribus Episcopis Angliae, et charissimo filio Henrico illustri Regi, salutem, et N. 33 Apostolicam benedictionem. Veniente ad nos Charissimo, ac Reverendissimo Fratre nostro Radulfo Cantuariensi Archiepiscopo, vestram ad nos Legationem missam per venerabilem Fratrem Herbertum Norwicensem Episcopum novimus. Et quidem gravibus infirmitatum molestiis impediti idem Fratres, et Co-episcopi pervenire ad nostram praesentiam minime potuerunt. Sed nuntiorum honestis, venerabilibusque personis, pervenientibus, eorum scripta suscepimus, in quibus et ipsorum postulationes, et vestrae Legationis vota inspeximus. Id enim optabatur, id poscebatur, ne Ecclesia Cantuariensis temporibus nostris sua dignitate privetur, ne nos eandem dignitatem minuamus, aut minui sinamus, qua videlicet dignitate potita est, ex quo à Beato Gregorio per Beatum Augustinum fundata est. Praeter haec literarum inditia, Legati, qui ad nos missi sunt, ut sapientes, ac strenui viri assertiones suas prudenter, instanter, et efficaciter executi sunt. Nos profecto et Legatorum personas, et Legatorum assertiones, et vestrum omnium suggestiones, tanquam Charissimorum fratrum benigne hilariterque suscepimus, quia vobis in Domino, propter Dominum placere optamus, Vestrae igitur dilectioni notum haberi volumus, quia Cantuariensis Ecclesiae dignitatem n●c imminuimus, nec imminuere deliberamus. Beatum namque Gregorium, Apostolicae sedis Pontificem, tanquam praecipuum Christi membrum, tanquam Christiani populi Pastorem, & Doctorem, tanquam salutis aeternae Ministrum in omnibus veneramur. Et rata esse, cupimus, quae ab ejus institutionibus processerunt. Illam ergo dignitatem quam ab eo per Beatum Augustinum Cantuariensis suscepit Ecclesia, & quam Frater noster Sanctae memoriae Anselmus jure, ac possessione legitima tenuisse cognoscitur, nos profecto nullatenus imminuimus, sed in eodem statu esse Cantuariensem Ecclesiam volumus, nec autentica ejus privilegia, juxta Canonum sanctiones, nullis perturbationibus violentur. Data Beneventi XI. Kl. Aprilis. Paschalis Episcopus Servus Servorum Dei, Eadm. 〈◊〉 121. li● Dilecto filio Henrico illustri Anglorum Regi, salutem, & Apostolicam benedictionem. Nos auctore N. Deo, de probitate tua, non tantum bona, sed etiam meliora confidimus, Idcirco monemus excellentiam tuam, ut divinae gratiae semper memor existas, quae tibi, & Regni pacem & justitiae notitiam tribuit. Honorem igitur Dei & Ecclesiarum ejus in regno tuo diligenter observa & justitiam efficaciter exequere, quia per honorem Dei tuus profecto honor augebitur. Audivimus electum Eboracensis Ecclesiae, virum sapientem, & strenuum, sine judicio, ab Eboracensi Ecclesia sequestratum, quod nimirum divinae justitiae & Sanctorum Patrum institutionibus adversatur. Nos quidem, neque Cantuariensem Ecclesiam minui, neque Eboracensem, praejudicium volumus pati, sed eam constitutionem, quae à Beato Gregorio, Anglicae gentis Apostolo, inter easdem Ecclesias constituta est, firmam censemus illibatamque servari. Idem ergo electus, ut justitia exigit, ad suam Ecclesiam revocetur. Si quid autem quaestionis inter easdem Ecclesias agitur, praesentibus utrisque partibus, in nostra praesentia pertractetur ut, praestante Deo, utraque Ecclesia finem suae justitiae consequatur. Data Beneventi Nonis Aprilis. Ben. A● p. 59 a. Haec est Concordia facta inter Regem, & filios suos. Notum sit tam praesentibus quam futuris, Hoved. f. ● a. n. 30. quod pax enter Dominum Regem, & filios suos Henricum, viz. & Richardum, & Gaufridum, N. in hunc modum Deo volente reformata est. Henricus Rex filius Regis, & fratres sui praedicti, ad patrem suum, & ad servitium ejus sicut ad dominum suum redierunt, liberi, et absoluti ab omni juramento, et in ipsa, quam inter se, vel cum aliis fecerunt contra eum, v●l homines suos et omnes homines et barones, qui à fidelitate patris causa eorum recesse rant, clamaverunt quietos ab omni juramento, quod iis fecerant, et ita quieti et liberi ab omni Juramento, et absoluti ab omni Conventione quam iis fecerant, in Dominium, et Ligantiam Domini Regis redierunt. Et dominus Rex debet r●habere, ipse, et homines sui, et Barones sui, omnes terras suas, et Castella sua, quae habuerunt quindecim diebus antequam filii sui recederent ab eo. Similiter et Barones et homines sui qui recesserunt ab eo, et secuti sunt filios suos, debent rehabere terras suas, quas habuerunt quindecim diebus antequam ab eo recederent, et dominus Rex remisit omnem malevolentiam baronibus et hominibus suis, qui recesserunt ab eo, ita quod propter hoc nullum malum eis faciet, quamdiu fideliter ei servient, sicut ligio domino suo. Et Rex filius ejus simili●er perdonavit omnibus tam Clericis quam Laicis, qui cum patre suo fuerant omnem malevolentiam, & adsecuravit in manu Domini R●gis patris sui, quod illis qui servierunt ei nec malum nec damnum aliquod hac de causa faciet, vel p●rquiret in tota vita sua. Et dominus rex per hanc conditionem donat Regi filio suo duo Castella idonea in Normannia ad voluntatem Patris illius, & singulis annis quindecim millia librarum Andegavensium, & Richardo filio suo duo receptacula idonea in Pictavia, unde Regi damnum non possit provenire: & medietatem reddituum Pictaviae in denariis. Ganfrido vero filio suo dat in Britannia in denariis medietatem maritagii filiae Comitis Conanis, quam ducere debet in uxorem, & postquam concessione Romanae Ecclesiae eam in uxorem duxerit, habebit omnes redditus illius maritagii, sicut continetur in Charta Comitis Conanis. Prisones vero qui cum domino Rege finem fecerunt, ante factam pacem cum domino Rege: Videlicet, Rex Scotiae, et Comes Leicestriae, & Comes Cestriae, & Radulfus de Fulgeriis, & obsides eorum, & obsides aliorum Prisonum, quos prius habuerat, sint extra Conventionem istam. Alii autem prisones ex utraque parte deliberari debent, ita scilicet, quod dominus rex obsides accipiet de prisonibus suis, de quibus habere voluerit, & qui dare poterunt. Et de aliis habebit securitatem per fidem & Sacramentum suum, & amicorum suorum. Castilia vero quae firmata sunt, vel infortiata postquam guerra incepit, in terra domini Regis, pro voluntate sua debent redigi in illum Statum in quo fuerunt quindecim diebus ante guerram. Praeterea sciendum est quod Rex Henricus filius Regis concessit domino regi patri suo, se quam firmiter observaturum omnes donationes eleemosynarum quas dederat vel daturus erat de terris suis, & donationes terrarum quas dederat hominibus suis, vel daturus erat pro servitio suo. Concessit etiam se firmiter & inconcusse observaturum donationem, quam Rex pater suus fecit Johanni fratri suo; videlicet, mille libratas reddituum in Anglia de dominico suo, & de excaetis suis ad voluntatem suam, cum pertinentiis suis, & Castellum de Nottingham cum Comitatu, & Castellum de Merleberga cum pertinentiis suis: & in Normannia mille libratas reddituum Andegavensium, & duo Castilia in Normannia, ad voluntatem patris, & in Andegavia, & in terra quae fuit Comitis Andegaviae mille libratas reddituum Andegaviae, & unum Castellum in Andegavia, & unum Castellum in Turonica, & unum Castellum in Cenomannia. Concessum est autem a domino rege, pro amore filii sui, quod omnes illi, qui recesserunt ab eo post filium suum & in recessu suo forisfecerunt, in terra domini Regis ad pac●m ejus revertantur. Ita quod de catallis, quae asportaverunt in recessu suo, non respondeant: de morte vel proditione, vel perditione alicujus membri respondeant secundum Judicium, & consuetudinem terrae. Qui autem ante guerram quacunque de causa aufugerunt, et ad servitium filii sui venerunt, pro amore filii sui, ad pacem revertantur, si vadium et plegium dederint standi judicio de his, quae ante guerram forisfecerunt. Illi autem qui in placito erant quando recesserunt ad filium suum ad pacem revertantur, ita quod in eo statu placita sua sint, in quo erant quando recesserunt. Ben Abb● p. 108. a. Haec est pax & concordia facta inter Regem Franciae & Regem Angliae. SCiant omnes tam praesentes quam futuri, Hoveden. f. 325. b. n quod ego Lodowicus Dei gratia Rex Francorum, & ego Henricus eadem gratia Rex Angliae, N. 36 volumus ad omnium tam praesentium quam futurorum notitiam pervenire; nos Deo inspirante promisisse & jurasse, quod simul ibimus in servitium Christianitatis, & crucem suscipiemus ituri Jerosolymam, sicut in scripto de susceptione crucis inter nos facto continetur. Volumus etiam quod omnes sciant, quod sic sumus & amodo volumus esse amici, quod uterque nostrum alteri conservabit vitam, & membra, & terrenum honorem suum contra omnes homines, pro posse suo. Et si quaecunque persona alterutri nostrum malum facere praesumpserit, ego Henricus juvabo Lodowicum regem Franciae dominum meum, contra omnes homines pro posse meo. Et ego Lodowicus juvabo Henricum Regem Angliae contra omnes homines pro posse meo, sicut hominem, & fidelem meum, salva fide, quam debemus hominibus nostris, quamdiu ipsi fidem nobis servabunt. Et neuter nostrum amodo retinebit inimicum alterius in terra sua, ex quo requisitus inde fuerit. Et ut inter nos amodo tollatur omnis materia discordiae, concessimus ad invicem quod de terris & possessionibus, & aliis rebus, quas quisque nostrum modo possidet, alter adversus alterum inde nihil à modo petet, excepto eo de Alvernia, unde contentio inter nos est, & excepto feodo de Castro Radulfi, & exceptis minutis feodis & divisis terrarum nostrarum de Beria, si homines nostri aliquid inde interceperint inter se vel adversus alterum nostrum. Si autem super his, quae superius excepta sunt, per nosmet ipsos convenire non poterimus: ego Lodowicus rex Francorum elegi tres Episcopos, Claremontensem, Nivernensem, Treternensem; & tres Barones, Comitem Theobaldum, & Comitem Robertum, & Petrum de Turtenei fratres meos. Et ego Henricus Rex Angliae elegi tres Episcopos, Willielmum Cenomanensem, Petrum Petragorensem & Robertum Nannatensem: & tres Barones, Mauricium de Croun, Willielmum Maingot & Petrum de monte Rabel ex parte mea, qui inquisita diligenter hinc & inde veritate, tam per seipsos, quam per juramenta illarum terrarum praed●cti Episcopi in verbo veritatis asservabunt, & laici jurabunt, quod quaecunque cognoverint de jure cujusque nostrum esse, hoc inter nos dicent, & nos eorum dicto bona fide firmiter stabimus. Si vero omnes illi Episcopi, quos ego Lodowicus elegi interesse non poterunt, nihilominus stabimus dicto illorum duorum qui intererunt. Et si omnes Barones ex mea parte nominati non interfuerint, pro eo non remanebit, quin stemus dicto aliorum duorum qui interfuerint, Et similiter erit de illis, quos ego Rex Henricus elegi, tam de Episcopis, quam de Baronibus. Juravimus etiam quod nullum malum faciemus eis propter hoc, quod veritatem inde dixerint. Et si forte, quod Deus avertat, inter nos de terris nostris aliqua querela à modo oriatur per eosdem bona fide, & sine malo ingenio sine dilatione terminetur. Si autem aliqua praedictarum personarum interim mortua fuerit altera loco ipsius substituatur. Si vero alteruter nostrum ante susceptionem crucis, iter peregrinationis arripere voluerit, alter qui remanebit, terram illius qui in peregrinatione erit, & homines sicut sua propria & dominica, fideliter custodiet, & manu tenebit. Postquam vero Deo volente crucem susceperimus, homines nostros, qui nobiscum ibunt faciemus jurare, quod si alteruter nostrum in via decesserit, quod Deus avertat, ita illi qui superstes erit, fideliter servient, sicut servirent domino suo, si vivus esset, quamdiu in terra Jerosolymitana morari voluerint. Pecuniam vero defuncti habebit vivus ad faciendum Servitium Chr●stianitatis, praeter partem illam, quam ante iter suum certis locis & certis personis dandam decreverit. Et si uterque nostrum decesserit, eligemus si Deus nobis spatium indulserit de probis & fidelibus hominibus nostris, quibus comitetur pecunia utriusque nostrum; ad faciendum Servitium Christianitatis, & qui ducent & regent homines nostros, antequam etiam iter arripiamus post susceptam crucem, faciemus illos jurare, quos custodes & gubernatores constituemus terrarum nostrarum, Quod ipsi bona fide, cum omne posse suo, si necesse fuerit sese ad invicem juvabunt ad defendendum terras nostras, cum ab invicem requisiti fuerint, Quod illi, quos ego Henricus Rex Angliae praefecero ad gubernandum terras meas cum omni posse suo juvabunt ad defendendum terras Lodowici Regis Franciae domini mei, quemadmodum terras meas defenderent si civitas mea Rothomagi obsessa esset. Et eodem modo quod illi quos ego Lodowicus Rex Franciae praefecero, ad gubernandum terras meas cum omni posse suo juvabunt ad defendendum terras Henrici regis Angliae, quemadmodum terras meas defenderent, si civitas mea Parisius obsessa esset. Volo etiam quod mercatores, & omnes homines tam clerici quam laici de terra sua cum omnibus rebus suis securi sint & pacem habeant per omnes terras meas. Et ego Henricus Rex Angliae similiter volo, quod mercatores, & omnes homines tam Clerici, quam laici de terra regis Franciae domini mei, cum omnibus rebus suis securi sint, & pacem habeant per omnes terras meas. Haec autem suprascripta nos firmiter observaturos promisimus, & juravimus, in praesentia venerabilis Petri tituli S. Chrysogoni presbyteri Cardinalis, Apostolicae sedis legati, & in praesentia Richardi Wintoniensis Episcopi, & Johannis Carnotensis Episcopi. & Henrici Baiocensis Episcopi, & Frogerii Sagiensis Episcopi, & Egidii Ebroicensis Episcopi, & Henrici Regis Angliae filii, & Comitis Theobaldi, & Comitis Roberti, & Petri de Curterai, & Comitis Simonis Ebroicensis, & Willielmi de Humez, & multorum aliorum tam clericorum quam laicorum. Adrianus Episcopus Servus Servorum Dei, Carissimo in Christo filio illustri Anglorum Regi, Salutem, & Apostolicam benedictionem. Rad. de Diceto. Col. 529. n. 60. LAudabiliter satis & fructuose de glorioso nomine propagando in terris & aeternae felicitatis praemio cumulando in coelis, tua magnificentia N. 37 cogitat, dum ad dilatandos Ecclesiae terminos, ad declarandum indoctis & rudibus populis Christianae fidei veritatem, & vitiorum plantaria de agro Dominico extirpanda sicut catholicus Princeps intendis, & ad id convenientius exequendum consilium Apostolicae sedis exigis & favorem. In quo facto quanto altiori consilio & majori discretione procedes, tanto in eo feliciorem progressum te praestante Domino confidimus habiturum, eo quod ad bonum exitum semper & finem soleant attingere quae de ardore fidei & religionis amore principium acceperunt. Sane Hiberniam & omnes insulas quibus sol Justiciae Christus illuxit, & quae documenta fidei Christianae receperunt, ad jus beati Petri & Sacrosanctae Romanae Ecclesiae, (quod tua etiam nobilitas recognoscit) non est dubium pertinere, unde tanto in eis libentius plantationem fidelem & germen Deo gratum inserimus, quanto id a nobis interno examine districtius prospicimus exigendum. Significasti siquidem nobis, fili in Christo Karissime, te Hyberniae insulam, ad subdendum illum populum legibus, et viciorum plantaria inde extirpanda velle intrare, & de singulis domibus annuam unius denarii beato Petro velle solvere pensionem, & jura Ecclesiarum illius terrae illibata et integra conservare. Nos itaque pium et laudabile desiderium tuum favore congruo prosequentes, et petitioni tuae benignum impendentes àssensum, gratum et acceptum habemus, ut pro dilatandis Ecclesiae terminis, pro viciorum restringendo decursu, pro corrigendis moribus et virtutibus inserendis, pro Christianae religionis augmento insulam illam ingrediaris, et quae ad honorem Dei et Salutem illius spectaverint exequaris, et illius terrae populus honorifice te recipiat, et sicut dominum veneretur, jure nimirum Ecclesiarum illibato, et integro permanente, et Salva beato Petro et Sacrosanctae Romanae Ecclesiae de singulis domibus annua unius denarii pensione. Si ergo quod concepisti animo effectu duxeris prosequente complendum, stude gentem illam bonis moribus informare, et agas, tam per te quam per illos quos ad hoc fide, verbo, et vita idoneos esse perspexeris, ut decoretur ibi Ecclesia, plantetur et crescat fidei Christianae religio, et quae ad honorem Dei et Salutem pertinent animarum taliter ordinentur, ut et a Deo sempiternae mercedis cumulum consequi merearis, et in terris gloriosum nomen valeas in seculis optinere. Anno igitur Dominicae Incarnationis MCLXXII primo autem anno, Girald● Ca● lib. 1. Ex● Hibern. c. ● f. 776. n. ● quo illustrissimus Anglorum Rex et Hiberniae triumphator ipsam insulam acquisivit, Christianus Lismoriensis Episcopus & Apostolicae sedis Legatus, N. Donatus Cassiliensis, Laurentius Dubliniensis, et Catholicus Tuomenensis, Archiepiscopi, cum suffraganeis suis et Co-episcopis, Abbatibus quoque, Archidiaconis, Prioribus, et Decanis et multis aliis Hiberniensis Ecclesiae Praelatis, ex ipsius triumphatoris mandato, in civitate Cassiliensi convenerunt et de utilitate Ecclesiae, et Statu ejus in meliorem formam producendo, ibidem concilium celebrarunt. Huic consilio interfuerunt isti a rege missi: venerabilis vir Radulfus Abbas de Buldewas, Radulfus Archidiaconus de Landaff, Nicolaus Capellanus, et alii Clerici, et nuncii domini Regis. Concilii autem Statuta subscripta sunt, et regiae sublimitatis autoritate firmata. Capitula. I. Vt fiant legitima Matrimonia, nec inter cognatos et affines. Primo, Statutum est, quod universi Fideles i● Christo. fideles per Hiberniam constituti, repudiato cognatorum et affinium contubernio, legitima contrahant Matrimonia et observent. II. Vt infantes catechizentur, & in ipsis Ecclesiis baptizentur. Secundo, quod infantes ante fores Ecclesiae catechizentur, & in Sacro fonte in ipsis baptismalibus Ecclesiis baptizentur. III. Vt decimae persolvantur. Tertio, quod universi fideles Christi decimas animalium, frugum, caeterarumque proventionum, Ecclesiae, cujus fuerint parochiani persolvant. IV. Vt terrae Ecclesiasticae ab omni saecularium exactione sint immunes. In quarto, quod omnes terrae Ecclesiasticae, & earum possessiones, ab omnium secularium hominum exactione penitus sint immunes. Et specialiter quod nec Reguli, nec Comites, nec aliqui potentes viri Hiberniae, nec eorum filii cum familiis suis, cibaria & hospitalitates, in territoriis Ecclesiasticis, secundum consuetudinem exigant, nec amodo violenter extorquere praesumant; & quod de villis Ecclesiarum cibus ille detestabilis, qui quater in anno a vicinis Comitibus exigitur de caetero nullatenus exigatur. V. Vt quando aliqui componunt pro homicidio, clerici licet cognati nihil persolvant. In quinto, quod pro homicidio a laicis perpetrato, quoties inde cum suis inimicis componunt, clerici videlicet eorum cognati nihil inde persolvant, sed sicut in homicidii perpetratione, sic in pecuniae solutione sint immunes. VI Vt omnes faciant testamentum. Sexto, quod universi fideles in infirmitate positi, confessore suo & vicinis astantibus, cum debita solemnitate testamentum condant, bona sua mobilia, dummodo uxores & liberos habeant (aere alieno & servientium mercede exceptis) in tres partes dividant: unam liberis, alteram uxori legitimae, tertiam propriis exequiis relinquentes. Et si forte prolem legitimam non habuerint, bona ipsa inter ipsum & uxorem in duo media dividantur. Et si legitima uxor decesserit, inter ipsum & liberos bipartiri debent. VII. Vt extrema officia mortuis reddantur. Septimo, ut cum bona confessione decedentibus, & Missarum & vigiliarum exhibitione, & more sepeliendi, obsequium debitum persolvatur. VIII. Vt divina officia ritu Anglicano fiant. Octavo, itaque omnia Divina ad instar Sacrosanctae Ecclesiae juxta quod Anglicana observat Ecclesia, in omnibus partibus Ecclesiae am●odo tractentur. Dignum etenim & justissimum est, ut sicut dominum Regem ex Anglia sortita est divinitus Hibernia; sic etiam exinde vive●ndi formam accipiat meliorem. Ipsi namque regi magnifico tam Ecclesiam quam Regnum Hibernia debet, quicquid de bono pacis & incremento religionis hactenus est assecuta. Nam ante ipsius adventum in Hi●erniam, multimoda malorum genera, a multis retro temporibus ibidem emerserant, quae ipsius potentia & munere in desuetudinem abiere. Ardmachiensis vero primas, ob corporis imbecillitatem, & grandaevitatem, tum praesens non fuerat. Sed postea Dubliniam venit, regiae dispositioni per omnia favorem praebens, vulgi opinione vir sacer, vaccam candidam, cujus solum lacte vescebatur, secum, quocunque venerat, circumducens. The Reason of the first three Constitutions is rendered by Benedictus Abbas, p. 39 b. & 40. a. Mos prius erat per diversa loca Hiberniae, quod statim cum puer nasceretur, pater ipsius vel quislibet alius, Eum ter mergeret in aqua, & si divitis fuerit filius, ter mergeretur in Lacte, & postea solebant Aquam illam & lac illud projicere in Cloacis suis vel aliis locis immundis. Praeceperant etiam in illo Concilio decimas dari viris Ecclesiasticis de omnibus quae possidebant; plerique enim illorum nunquam decimas dederant, nec etiam sciebant, si dare debent. Preterea praeceperunt in eodem Concilio, ut Laici qui uxores habere vellent, eas sibi Copularent, Jure Ecclesiastico. Plerique enim illorum, quot volebant uxores habebant, & etiam Cognatas suas germanas, habere solebant sibi uxores. This is all this Author hath of this Council. Hic est finis, & Concordia, Hou. f. 3● b. n. 20. ● Abb. p. 69. quae facta fuit apud Windeshores in octabis Sancti Michaelis, anno gratiae millesimo centesimo septuagesimo quinto, inter dominum Regem Angliae Henricum filium Matildis Imperatricis & N. Rodericum Regem Conactae per Catholicum Tuamensem Archiepiscopum & Abbatem Cantordem Sancti Brandani, & magistrum Laurentium cancellarium Regis Conactae. Scilicet quod Rex Angliae concedit praedicto Roderico ligio homini suo, Regi Conactae, quamdiu ei fideliter serviet, ut sit Rex sub eo paratus ad servitium suum, sicut homo suus, & ut teneat terram ita bene, & in pace sicut tenuit antequam dominus Rex Angliae intraret Hiberniam; reddendo ei tributum, & totam aliam terram, & habitatores terrae habeat sub se, & justiciet ut tributum Regi Angliae integre persolvant, & per manum ejus; & sua jura sibi conservent, & illi qui modo tenent, teneant in pace quamdiu manserint in fidelitate Regis Angliae, & ei fideliter & integre persolverint tributum & alia jura sua, quae ei debent per manum Regis Conactae, salvo in omnibus jure & honore domini Regis Angliae & suo. Et si qui ex eis Regi Angliae & ei rebelles fuerint, & tributum & alia jura Regis Angliae per manum suam solvere noluerint, & fidelitate Regis Angliae recesserunt, ipse eos justitiet & amoveat. Et si eos per se justitiare non poterit, constabularius Regis Angliae & His Forc● familia sua de terra illa, juvabunt eum ad hoc faciendum, cum ab ipso fuerint requisiti, & ipsi viderint quod necesse fuerit. Et propter hunc finem reddit praedictus Rex Conactae domino Angliae tributum singulis annis scilicet, de singulis decem animalibus unum corium placabile mercatoribus, tam de tota terra sua quam de aliena. Excepto quod de terris illis, quas dominus Rex Angliae retinuit in dominio suo, & in dominio Baronum su●rum, nihil se intromittet, scilicet Divilinâ cum pertinentiis suis, & Mida cum omnibus pert●nentiis suis, sicut unquam Murchar● Mac Leghlin eam melius & plenius tenuit, aut aliqui, qui eam de eo tenuerunt. Et excepta Wexfordia. Wasefordia, cum omnibus pertinentiis suis scilicet cum tota Lagenia. Et excepta Wa●erfordia, cum tota terra illa quae est a Waterforde usque ad Duncaruan, ita quod Dunecaruan sit cum omnibus pertinentiis suis infra terram illam. Et si Hibernenses qui aufugerunt, redire voluerint ad terram Baronum Regis Angliae, redeant in pace, reddendo tributum praedictum quod alii reddunt, vel faciendo antiqua servitia, quae facere solebant pro terris suis. Et hoc sit in arbitrio & voluntate dominorum suorum. Et si aliqui eorum redire noluerint ad dominum eorum Regem Conactae, ipse cogat eos redire ad terram suam, & ibi remaneant, & pacem habeant, & Rex Conactae accipiat obsides, ab omnibus quos ei commisit dominus Rex Angliae, ad voluntatem domini Regis & suam. Et ipse dabit obsides ad voluntatem domini Regis Angliae illos, vel alios, & ipsi servient domino regi de canibus & avibus suis singulis annis, de praesentiis suis. Et nullum omnino de quacunque terra domini Regis sit, retinebunt contra voluntatem & mandatum domini Regis. His testibus. Richardo Episcopo Wintoniae: Gaufrido Episcopo Eliensi: Laurentio Diviliniensi Archiepiscopo, Gaufrido, & Nicholas, & Rogero capellanis Regis; Willielmo Comite de Exesse Richardo,; de Luci, Gaufrido de Pertico, Reginaldo de Cortinea & aliis multis. Charta R. Henr. II. de Libertatibus Ecclesiae & Regno concessis, Anno ejus primo, vel circiter. A. D. 1155. HEnricus, Dei gratia, Rex Angliae, Dux Normanniae et Aquitaniae, N. 40 Comes Andagaviae, Baronibus et fidelibus suis Francis et Anglis salutem. Spelm. Concil. Vol. 2. f. 51. Concedit omnes Consuetudines, quas Rex Hen. I. concessit. Sciatis me ad honorem Dei, et Sanctae Ecclesiae, et pro communi emendatione totius regni mei, concessisse et reddidisse, et praesenti Chartâ meâ confirmasse Deo et Sanctae Ecclesiae, et omnibus Comitibus et Baronibus, et omnibus hominibus meis, omnes consuetudines quas Rex Henricus, avus meus, eye dedit et concessit. Similiter etiam omnes malas consuetudines, quas ipse delevit et remisit, ego remitto, et deleri concedo, pro me et haeredi●us meis. Praecipit, ut Ecclesia, & omnes homines sui eas teneant quiete. Quare volo et firmiter praecipio, quod Sancta Ecclesia, et omnes Comites et Barones, et omnes mei homines, omn●s illas consuetudines, et donationes et libertates, et liberas consuetudines, habeant et teneant, libere et quiete, bene et in pace et integre, de me et haeredibus meis, sibi et haeredibus suis, adeo liberè et quiete et plenariè in omnibus, sicut Rex Henricus avus meus eis dedit et concessit, et Chartâ suâ confirmavit. Teste Richardo de Luci. Consuetudines quas avitas Vocabant, Assisa, vel Ordinationes de Clarendon, Anno Domini 1164. ANno ab Incarnatione Domini millesimo centesimo sexagesimo quarto Papatus Alexandri anno quarto illustrissimi Regis Anglorum Henrici secundi anno decimo. Quadrile● lib. 5. in ●cipio. In praesentia ejusdem Regis facta recordatio N. & recognitio cujusdam partis consuetudinum & libertatum & dignitatum antecessorum suorum, videlicet Regis Henrici avi sui, & aliorum, que observari & teneri debent in regno. Et propter dissentiones & discordias que emerserant inter Clerum, & justitias Domini regis, & Barones regni, de consuetudinibus & dignitatibus: Facta est ista recognitio coram Archiepiscopis & Episcopis, & Clero, & Comitibus, & Baronibus, & Proceribus regni; Et easdem consuetudines recognitas per Archiepiscopos, & Episcopos, & Comites, & Barones, & per nobiliores & antiquiores regni; Thomas Cantuariensis Archiepiscopus, & Rogerus Eboracensis Archiepiscopus, & Gilebertus Londoniensis Episcopus, & Henricus Wintoniensis Episcopus, & Nigellus Eliensis Episcopus, & Willelmus Norwicensis Episcopus, & Robertus Lincolniensis Episcopus, & Hilarius Cicestrensis Episcopus, Jocelinus Salesberiensis, & Richardus Cestrensis Episcopus, & Bartholomeus Exoniensis Episcopus, & Robertus Herefordensis Episcopus, & David Menevensis Episcopus, & Rogerus Wigornensis electus concesserunt, & in verbo veritatis, viva voce firmiter promiserunt tenendas & observandas Domino Regi & heredibus suis, bona fide, & absque malo ingenio praesentibus istis, Roberto Comite Leicestriae, Reginaldo Comite Cornubie, Conano Comite Brittany, Johanne Comite de Augo, Rogerio Comite de Clare, Comite Ganfrido de Mandevilla, Hugone Comite Cestrie, Willielmo Comite de Arundel, Comite Patricio—, Willielmo Comite de Ferrariis, Richardo de Luci, Reginaldo de Sancto Walerico, Rogerio Bigot, Reginaldo de Warenna, Richerio de Aquila, Willielmo de Braiosa, Richardo de Camvilla, Nigello de Mowbray, Simone de Bello Campo, Humfrido de Bohun, Matheo de Herefordia, Waltero de Meduana, Manacero de Biset Dapifero, Willielmo Malet, Willielmo de Curci, Roberto de D●nestavilla, Jocelino de Baillolio, Willielmo de Vallibus, Willielmo de Laisneto, Ganfrido de Vere, Willielmo de Hastinga, Hugone de M●ravilla, Alano de Newilla, Simone filio Petri, Willielmo Malduit Camerario, Johanne Malduit, Johanne Mariscallo, Petro de Mara; & multis aliis Proceribus & Nobilibus regni, tam Clericis quam Laicis. Consuetudinum vero & dignitatum regni recognitarum quaedam pars praesenti scripto continetur. Cujus partis Capitula sunt hec. I. DE Advocatione & Praesentatione Ecclesiarum, Chronic. Gervas. ●robern. 〈◊〉 1386. n. 〈◊〉 Mat. Par● 100 n. 30● Quadrilo● supra. si Controversia emerserit inter Laicos, vel Laicos & Clericos, in Curia Domini regis tractetur & terminetur. Primum hoc damnavit Sancta Romana Ecclesia sub Alexandro Papa tertio. II. Ecclesiae de feudo Domini Regis non possunt in perpetuum dari absque assensu & consensione ipsius. Hoc Toleravit. III. Clerici rectati, & accusati de quacunque re summoniti a justitia Regis, venient in Curiam ipsius, responsuri ibidem de hoc unde videbitur Curiae Regis quod sit ibi respondendum, & in curia Ecclesiastica, unde videbitur quod sit ibi respondendum, ita quod justitia Regis mittet in curiam Sanctae Ecclesiae, ad videndum qua ratione res ibi tractabitur. Et si clericus convictus vel confessus fuerit, non debet de caetero Ecclesia eum tueri. Hoc damnavit. IV. Archiepiscopis, Episcopis, & personis regni, non licet exire de regno absque licentia Domini Regis, & si exierint, si domino regi placuerit, assecurabunt quod nec in eundo, nec in moram faciendo nec in redeundo perquirent malum, vel dampnum Domino Regi, vel regno. Hoc damnavit. V. Excommunicati non debent dare Vadium ad remanens, nec praestare juramentum, sed tantum Vadium, et plegium standi judicio Ecclesiae ut absolvantur. Hoc damnavit. VI Laici non debent accusari, nisi per certos & legales accusatores & testes in praesentia Episcopi, ita quod Archidiaconus non perdat jus suum nec quicquam quod inde habere debeat, & si tales fuerint qui culpantur, quod non velit, vel non audeat aliquis eos accusare, Vicecomes requisitus ab Episcopo, faciet jurare xii legales homines de visneto, seu de villa coram Episcopo, quod inde veritatem secundum conscientiam suam manifestabunt. Hoc toleravit. VII. Nullus qui de Rege teneat in Capite, nec aliquis Dominicorum ministrorum ejus excommunicetur, nec terrae alicujus illorum sub interdicto ponantur, nisi prius Dominus Rex si in terra fuerit conveniatur, vel justicia ejus si extra Regnum fuerit, ut rectum de ipso faciat, & ita ut quod pertinebit ad Curiam Regiam ibidem terminetur, & de eo quod spectabit ad Ecclesiasticam Curiam ad eandem mittatur, ut ibidem tractetur. Hoc damnavit. VIII. De appellationibus si emerserint, ab Archidiacono d●bent procedere ad Episcopum, ab Episcopo ad Archiepiscopum. Et si Archiepiscopus defuerit in justitia exhibenda, ad Dominum Regem est perveniendum postremo, ut praecepto ipsius in Curia Archiepiscopi controversia terminetur, ita quod non debet ulterius procedere absque assensu Domini Regis. Hoc damnavit. IX. Si calumpnia emerserit inter Clericum & laicum, vel inter laicum & Clericum de ullo tenemento quod Clericus velit ad elemosinam attrahere, laicus vero ad laicum feudum, recognitione xii legalium hominum per capitalis justitiae regis consuetudinem terminabitur; utrum tenementum sit pertinens ad elemosinam sive ad feudum laicum, coram ipsa justitia Regis. Et si recognitum fuerit ad elemosinam pertinere, placitum erit in Curia Ecclesiastica: Si vero ad laicum feudum, nisi ambo de eodem Episcopo vel Barone advocaverint, erit placitum in Curia Regis. Sed si uterque advocaverit de feudo illo, eundem Episcopum vel Baronem erit placitum in curia ipsius, ita quod propter factam recognitionem saisinam non amittat, qui prius saisiatus fuerat. Hoc damnavit. X. Qui de Civitate, vel Castello, vel Burgo, vel Dominico Manerio domini Regis fuerit, si ab Archidiacono vel Episcopo de aliquo delicto citatus fuerit unde debeat eis respondere, & ad citationes eorum noluerit satisfacere, bene licet eum sub interdicto ponere, sed non debet excommunicari priusquam Capitalis minister regis villae illius conveniatur, ut justitiet eum ad satisfactionem venire. Et si minister inde defecerit ipse erit in misericordia Domini Regis, & exinde poterit Episcopus accusatum Ecclesiastica justitia coercere. Hoc damnavit. XI. Archiepiscopi, & Episcopi & universae personae regni, qui de rege tenent in Capite, habent possessiones suas de Domino rege sicut Baroniam, & inde respondent justiciis, & ministris regis, & sequuntur & faciunt omnes rectitudines & consuetudines regias, & sicut Barones caeteri debent interesse judiciis Curiae Regis cum Baronibus, usque perveniatur in judicio ad diminutionem membrorum vel ad mortem. Hoc toleravit. XII. Cum vacaverit Archiepiscopatus vel Episcopatus, vel Abbatia, vel Prioratus de Dominio regis, debet esse in manu ejus, & exinde percipiet omnes redditus & exitus sicut Dominicos. Et cum ventum fuerit ad consulendum Ecclesiae, debet Dominus Rex mandare propter potentiores personas Ecclesiae, & in capella ejus debet fieri electio assensu Domini Regis & Consilio personarum regni quas ad hoc faciendum vocaverit, & ibi faciet electus homagium, & fidelitatem Domino Regi sicut legio Domino de vita & membris & de honore suo terreno, salvo ordine suo, priusquam sit consecratus. Hoc damnavit. XIII. Si quisquam de proceribus regni defortiaverit Archiepiscopo, vel Episcopo, vel Archidiacono de se vel de suis justiciam exhibere, Dominus Rex debet justiciare. Et si forte aliquis defortiaret Domino regi rectitudinem suam, Archiepiscopi, Episcopi, & Archidiaconi, debent eum justitiare, ut Domino regi satisfaciat. Hoc toleravit. XIV. Catalla eorum qui sunt in forisfacto regis non detineat Ecclesia vel cimiterium contra Justiciam regis, quia ipsius regis sunt sive in Ecclesiis, sive extra fuerint inventa. Hoc toleravit. XV. Placita de debitis quae side interposita debentur, vel absque interpositione fidei sint in Justicia Domini regis. Hoc damnavit. XVI. Filii Rusticorum non debent ordinari absque assensu Domini, de cujus terra nati esse dignoscuntur. Hoc toleravit. These Ordinances o● Statutes of Clarendon, were sent to Pope Alexander the Third to be confirmed; but notwithstanding the great importunity used to persuade him to it, he damned most, and only tolerated others, as we find it in Labbe 's Tenth Tome of the Councils, Col. 1431. C. etc. and according to the Addition to every Article as above noted. Stabilimentum factum apud Rothomagum inter Clericos & Barones Normanniae. Historiae Norman. Antiqu. s●riptor. f. 1059. EGo Reginaldus Comes Boloniae, & ego Gulielmus Martel, & ego Henricus de Estoteville, & ego W. Cambellanus Tanquarvillae, & ego Radulfus Tesson, & ego Robertus de Vestieval, & ego Johannes de N. 42 Pratellis, & ego Henricus de Ferrariis, & ego Ph. de Nance, & ego W. de Mortuo mari, & ego Robertus de Torci, & ego W. de Seranz, & ego Fulco Paganellus, & ego W. de Homet, & ego Stephanus de Longocampo, & ego Hugo de Colunces, & ego Robertus de Wesneval, & ego W. de Pratell. & ego Johannes de Roboreto, & ego Odo Castellanus Beluaci, & ego Nich. de Montegniaco, & ego Thomas de Proaivilliaco, & ego Rogerus de Mellento, Notum facimus universis, quod nos juravimus super Sacrosancta, quod jura quae Henricus & Richardus quondam Reges Angliae habuerunt in Normannia adversus Clerum, & apud Lexovium & alibi, & jura nostra diceremus. Nos autem per Sacramentum nostrum diximus, quod vidimus tempore Henrici & Richardi quondam Regum Angliae, quod si Ecclesia pertinens ad donationem laicae personae vacaret, si ille ad quem donatio illius Ecclesiae pertinebat, praesentaret idoneam personam Archiepiscopo, vel Episcopo, in cujus Diocesi sita esset Ecclesia illa; Archiepiscopus vel Episcopus eandem personam de jure recipere tenebatur, nisi alius contenderet praesentationem illius Ecclesiae ad se pertinere. Si vero de jure patronatus contentio oriretur, Archiepiscopus vel Episcopus nunquam posset alicui conferre Ecclesiam illam, nec aliquem recipere ad Ecclesiam illam, donec contentio in Curia Domini Regis, vel in Curia illius, de cujus Feodo movet Ecclesia, terminaretur. Quando vero causa terminata esset in Curia Domini Regis, aut in Curia illius, de cujus feodo movebat Ecclesia, Archiepiscopus, vel Episcopus, ad testimonium literarum patentium Domini Regis, vel Baillivi sui in cujus Curia causa esset terminata, vel illius de cujus Feodo movebat Ecclesia, deberet recipere idoneam personam, quam praesentaret ille, cui adjudicatum esset jus patronatus illius Ecclesiae. Item diximus per Sacramentum nostrum, quod Archiepiscopus, vel Episcopus, vel alia inferior Ecclesiastica persona non debet ●erre sententiam excommunicationis in Barones, vel in Baillivos, aut in Servientes Domini Regis, aut in Clericos domus suae, Rege non requisito, vel suo Senescallo. Item diximus per Sacramentum nostrum, quod nulla Ecclesiastica persona debet aliquem trahere in causam pro fide, vel pro Sacramento quod ●iat de laico feodo, vel catallo hominis laici. Sed si fides data fuerit de catallo maritagii, vel de legato mortui, vel de catallo Clerici, vel Crucesignati, de causa illa bene possunt judicare. Item diximus per Sacramentum quod non vidimus tempore Henrici & Richardi quondam Regum Angliae, quod aliquis redderet decimas de feriis, aut de genestis, aut de fossis, ubi prius fuerint demosmatae. Item diximus per Sacramentum nostrum, quod vidimus Henricum, & Richardum quondam Reges Angliae tenentes placitum spatae in civitate & banleva Lexovii, postquam Arnulfus Lexoviensis Episcopus recessit a N●rmannia exul hac de causa. Item diximus per Sacramentum nostrum, quod in feodo terrae Gornaii, & Feritatis, & Gallefontis, non debet Archiepiscopus tenere nisi tantum tria placita, scilicet de maritagio, de Legato mortui, & de Catallo Clerici. Item diximus per Sacramentum nostrum super hoc quod Archiepiscopus petit apud Louers, quod Richardus quondam Rex Angliae fecit ei excambium, & inde dedit ei Cartam suam. Et Dominus Rex faciet ei justitiam secundum tenorem Cartae suae, si ei placuerit. Item diximus per Sacramentum nostrum de Clerico, qui tenet laicum feodum, quod si Clericus injuriosus existit Domino, a quo tenet feodum, super feodo illo; Dominus feodi potest saisire omnia catalla clerici, quae invenerit super feodum, de quocunque loco venerint, donec ei satisfecerit de his quae pertinent ad laicum feodum. Item diximus per Sacramentum nostrum, quod si Clericus teneat aliquid de quo conqueratur laicus, & Clericus dicat se tenere illud nomine eleemosynae, per Sacramentum legalium hominum patriae recognoscetur, utrum sit laicum feodum an eleemosyna, & hoc in Curia Domini Regis. Similiter si laicus tenet rem, quam Clericus dicat esse suam nomine eleemosynae, recognoscetur similiter in Curia Domini Regis, per Sacramentum legalium hominum patriae. Item diximus per Sacramentum nostrum de rebus usurarii, quod quandiu usurarius est in lecto aegritudinis, si distribuat res suas propria manu sua, stabile est. Post mortem vero usurarii, omnes res suae Domini Regis erunt, si probatum fuerit quod infra annum ante mortem commodaverit ad usuram. Item diximus de illo qui moritur intestatus, si jacuerit in lecto aegritudinis per tres dies aut per quatuor; omnia mobilia ipsius Domini Regis debent esse, aut illius in cujus terra est, de illo qui se interficit spontaneus. Item diximus de treuga, quod si aliquis vulnerat alium, unde deb●t perdere membrum, aut vitam, placitum remanebit in Curia Domini Regis, si conquerens vult prosequi causam; & Ecclesia habebit emendam suam usque ad IX. libr. si accusatus fuerit convictus, & Dominus Rex habebit totum residuum. Treuga vero durat a die Mercurii serò, usque ad diem Lunae mane. Item diximus, quod si Clericus capiatur quacunque ex causa & Ecclesia eum requirat, reddi debet Ecclesiae. Et si convictus fuerit de furto, vel de homicidio, degradabitur, & abjurabit terram, nec aliter pro delicto illo punietur, nec poterit postea intrare terram sine licentia Domini Regis, quin de ea fiat Justitia. Si vero postea aliquid foris fecerit, Dominus Rex de illo faciet justitiam sicut de laica pèrsona. Notum facimus praeterea, quod jura Domini Regis, & nostra, qu●e n●bis memori●e occurrebant, sicut vidimus tempore Henrici & Richardi Regum ea observari, advocato consilio pruden●um virorum, scilicet Richardi de Villequier, Richardi de Argentiis, Richardi de Fronteneto & Radulfi Labe, & quorundam aliorum, bona fide scripsimus, pro jure Domini Regis, & nostro conservando. Et quia jura Domini Regis & nostra nobis memoriae non occurrebant, & quia quidam de Baronibus Norm●nia praesentes non erant; decrevimus inter nos, quod ad aliam diem conveniremus, & Barones absentes advocaremus, si Domino Regi placeret. Et tunc jura Domini Regis & nostra, quae hîc scripta non sunt, per Sacramentum nostrum scribemus. Huic autem scripto sigilla nostra dignum duximus apponenda. Actum Rothom Anno Domini MCC. quinto, mense Novembr. Dominica post octavam omnium Sanctorum. Mat. Paris, f. 101. n. 50. A. D. 1164. Alexander Episcopus, etc. Ad aures nostras, fraternitas tua noverit fuisse perlatum; quod occasione cujusdam excessus, a Missarum proposueris N. 43 celebratione cessare, et a consecratione corporis & sanguinis Domini abstinere. Quod utique quam grave sit, praecipue in tanta persona, & quantum inde possit Scandalum provenire, sollicita meditatione consideres; & hoc ipsum vigilantia tuae discretionis attendat. Debet autem prudentia tua diligenter advertere; quòd plurimum interest, quando ex deliberatione & propria voluntate, & quando ignorantia vel necessitate aliqua committuntur. Nam (sicut legitur) usque adeo voluntarium est peccatum, quod nisi sit voluntarium non sit peccatum. Si igitur aliquid recolis te commisisse, de quo te debeat propria conscientia remordere: quicquid sit, Sacerdoti, qui discretus & providus habetur, tibi consulimus per poenitentiam confiteri: quo facto miserator & misericors Dominus, qui multò plus ad cor respicit quàm ad actus; tibi, consueta pietatis suae misericordia dimittet▪ Et nos de Beatorum Petri & Pauli Apostolorum ejusque meritis con●identes; te, ab eo quod est commissum, absolvimus:; & id ipsum fraternitati tuae auctoritate Apostolicâ relaxamus; consulentes utique & mandantes, ut postea a Missarum celebratione, propter hoc non debeas abstinere. Quadrilog. lib. 5. Hoved. f. 284. b. lin 4. A. D. 1165. Hae sunt constitutiones quas constituit Rex Henricus in Normannia; & mandavit justiciis suis Richardo de Lucy & duobus Archidiaconis Galfrido Ridel Cantuariensi Archidiacono, & Richardo de Ivelcestria N. 44 Pictavensi Archidiacono & omnibus principibus & populis Angliae jurandas, & servandas. Latores earum fuerunt Guimerus Presbyter, & Galterus de Grimesby. Si quis inventus fuerit ferens litteras Domini Pape vel aliquod mandatum Archiepiscopi Cantuariensis continens interdictum Christianitatis, in Angliam, capiatur & de eo sine dilatione Justitia fiat, sicut de traditore Regis & regni. Cap. 2. Praeterea nullus clericus vel monachus vel conversus, vel alicujus conversionis permittatur transfretare vel redi●e in Angliam nisi de transitu suo habeat litteras Justiciae & de reditu suo litteras Domini Regis. Si quis aliter inventus fuerit agens capiatur & incarceretur. Cap. 3. Ne aliquis appellet ad Papam vel ad Archiepiscopum. Cap. 4. Ne aliquod placitum teneatur de mandatis Pape, vel Archiepiscopi vel aliquod mandatum eorum in Anglia ab illo homine recipiatur. Si quis inventus fuerit aliter agens capiatur et incarceretur. Cap. 5. Generaliter quoque interdictum est, quod nullus ferat aliquod mandatum clerici vel laici Domino Pape vel Archiepiscopo, si talis inventus fuerit capiatur et incarceretur. Cap. 6. Si Episcopi vel clerici, vel abbates, vel laici sententiam interdicti tenere voluerint, sine dilatione de terra ejiciantur, et tota eorum cognatio: ita quod de catallis suis nil secum ferant. Cap. 7. Vt Catalla omnium Pape vel Archiepiscopo faventium et omnes possessiones eorum, et omnium eye pertinentium, cujuscunque gradus sint vel sexus vel conditionis capiantur, et Dominica manu Domini Regis confiscantur. Cap. 8. Vt omnes Clerici qui redditus habent in Anglia sint summoniti per omnes comitatus; ut infra tres menses veniant in Angliam ad redditus suos, sicut diligunt suos redditus, et si non venerint ad terminum statutum, redditus in manu Regis capiantur. Cap. 9 Vt denarii Beati Petri non reddantur ulterius Apostolico sed diligenter serventur in Thesauro Regis, expendanturque ad ejus praeceptum. Cap. 10. Londoniensis et Norwicensis Episcopi sint in misericordia Regis, et summoneantur per vicecomites et bedellos ut sint Vel cora Justiciariis Regis. contra Justicias Regis, ad rectum faciendum Regi, et Justiciis ejus de eo quod contra Statuta de Clarendonia interdixerunt ex mandato Pape terram Comitis Hugonis, et excommunicationem quam dominus Papa in ipsum fecerat per suas parochias divulgaverint sine licentia Justiciarum Regis. Epistola missa Thome Cantuariensi Archiepiscopo a quodam amico suo. THome Cantuariensi Archiepiscopo quidam anticus suus. Quadrilog● lib. 4. Sciatis hunc esse tenorem mandatorum que Henricus Rex in Angliam misit. Scilicet, ut omnes portus cautissime custodiantur ne littere interdictionis N. ullatenus deferantur. Et si aliquis litteras illas attulerit pedibus truncetur. Si clericus, oculos & genitalia amittat, si laicus suspendatur. Si leprosus comburatur. Et si quis Episcopus ejus interdictum metuens recedere voluerit nichil secum deferat, praeter baculum; Vult etiam ut omnes Scolares repatriare cogantur, aut beneficiis suis priventur, et qui remanserint sine spe remeandi remanebunt, et Presbiteri qui cantare noluerint genitalia amittant, omnesque rebelles sibi beneficiis omnibus priventur. Valete. Epistola beati Thomae Cantuariensis Archiepiscopi ad Suffraganeos suos. Hoved. f. 285. b. n. 40. A. D. 1165. THomas Dei gratia Cantuariensis Ecclesiae minister humilis, venerabilibus fratribus suis Lundoniensi, caeterisque totius Cantuariensis N. 46 Provinciae Episcopis, sic transire per bona temporalia ut non amittant aeterna. Fratres mei dilectissimi, quare non consurgitis mecum adversus malignantes? Ut quid non statis mecum adversus operantes iniquitatem? An ignoratis quoniam dissipat Dominus ossa eorum, qui hominibus placent? confundentur, quoniam Dominus sprevit eos. Satis novit discretio vestra, quoniam error cui non resistitur, approbatur, & veritas cum minime defendatur opprimitur. Videturque testante Gregorio consentire erranti, qui ad resecanda, quae corrigi debent, non occurrit. Ind est quod Dominum nostrum regem Angliae satis, superque satis sustinuimus: Nec ullum ex eo sustinentiae nostrae assecuta est Ecclesia Dei compendium. Periculosum & intolerabile de caetero nobis visum est, & tantos illius officialiumque suorum circa Ecclesiam Dei, & Ecclesiasticas personas excessus, ut hactenus impunitos relinquere. Praesertim cum saepissime literis, & nuntiis, modisque aliis prout decuit, studuerimus a perverso proposito suo eum revocare. Et quoniam vix ab eo auditi sumus, nullatenus tamen exauditi, scriptum illud, in quo illae non consuetudines, sed potiùs pravitates, quibus perturbatur & confunditur, ad praesens Anglicana Ecclesia, continentur, ipsiusque scripti Auctoritatem, invocata Spiritus Sancti gratia, publice condemnavimus & cassavimus universos etiam observatores, exactores, consiliatores, adjutores, seu defensores earum excommunicavimus. Omnesque vos Episcopos a promissione qua contra institutionem Ecclesiasticam, & ad earum observationem tenebamini, auctoritate Dei & nostra absolvimus. Quis enim dubitat Sacerdotes Christi, regum & principum, omniumque fidelium, patres & magistros censeri. Nonne miserabilis insaniae esse cognoscitur, si filius patrem, discipulus magistrum sibi conetur subjugare, & iniquis obligationibus illum potestati suae subjicere: A quo credit non solum se in terra, sed etiam in coelis ligari posse, & solvi? Proinde ne in hujus sententiae commissum incidamus, auctoritatem ipsius scripti, ipsumque scriptum cum pravitatibus quae in eo continentur, in irritum duximus & cassavimus. Praesertim his. Quod non appelletur ad sedem Apostolicam super aliqua causa, nisi licentia Regis. Quod non liceat Archiepiscopo, vel Episcopo, exire de regno, & venire ad vocationem Domini Papae, sine licentia Regis. Quod non liceat Episcopo excommunicare aliquem, qui teneat de Rege in capite, sine licentia Regis. vel aliquem alium officialium suorum sub interdicto ponere: Quod non liceat Episcopo coercere aliquem de perjurio, vel side laesa, quod clerici trahantur ad secularia judicia, quod laici seu Rex seu alii tractent causas de Ecclesiis, vel decimis, & alia in hunc modum. Denuntiamus etiam excommunicatum, & excommunicavimus ex nomine JOHANNEM de OXENEFORD, qui in haeresim damnatam incidit, parando juramentum scismaticis, per quem scisma jam fere emortuum in Alemannia revixit; communicando etiam nominatissimo illi scismatico Reginaldo Coloniensi; et quia contra mandatum Domini Papae, et nostrum Salesbiriensis Ecclesiae decanatum sibi usurpavit. Quod quidem factum, tam detestabile tam juri contrarium, tam Ecclesiae Dei exemplo perniciosum penitus cassavimus, et devocavimus in irritum. Praecipientes Episcopo Salesbiriensi, et capitulo in virtute obedientiae, et in periculo ordinis sui, ne de caetero, visis literis nostris, ex eo facto eum decanum haberent. Similiter & Richardum de Ivecestre denuntiamus excommunicatum, & excommunicavimus, eò quòd in eandem haeresim damnatam inciderit, communicando Reginaldo Coloniensi scismatico, machinando etiam, & fabricando omnia mala cum scismaticis et Theutonicis illis in perniciem Ecclesiae Dei, et praesertim Ecclesiae Romanae, ex pactis contrariis inter Dominum Regem et ipsos Excommunicavimus. etiam Richardum de Luci, jocelinum de Bailol: qui pravitatum illarum auctores & fabricatores extiterunt Ranulfum. etiam de Broc, qui bona Ecclesiae Cantuariensis, quae alimenta de jure sunt pauperum, occupavit, et detinet, hominesque nostros tanquam laicos cepit, et in captione detinet. Excommunicavimus etiam Hugonem de Sancto Claro, & Thomam filium Bernardi, qui ejusdem Ecclesiae Cantuariensis bona, et possessiones absque conniventia sive assensu nostro occupaverunt. Omnesque qui de caetero in possessiones et bona Ecclesiae Cantuariensis contra voluntatem nostram, et consensum manus violentas extendent, eadem excommunicationis sententia innodavimus. Juxta illud Papae Lucii, Omnes Ecclesiae rapto res, atque suarum facultatum alienatores à liminibus ejusdem matris Ecclesiae sequestratos anathematizamus damnamus, atque sacrilegos esse judicamus. Et non solum eos, sed etiam cum iis comprehendit consentientes. Et alibi dicit Scriptura. Qui consentit peccantibus & alium peccantem defendit, maledictus erit apud Deum, & apud homines; corripieturque increpatione severissima. Et iterum. Si quis peccantem defendit: Acrius quam qui peccavit coerceatur. Sane in Domini Regis personam sententiam adhuc ferre distulimus, expectantes, si forte inspirante Divina gratia resipiscat; in proximo tamen eam laturi, nisi citiu● resipuerit. Et inde est, quod fraternitati vestrae mandamus atque in virtute obedientiae prae●ipimus, quatenus viros praetaxatos, qui à nobis excommunicati sunt, vos quoque prout excommunicatos habeatis, et denuntiari faciatis. Juxta illud decretum Honorii Papae: Licitum sit omnibus Episcopis excommunicatorum suorum nomina, tam vicinis Episcopis, quam Parochianis suis pariter indicare, eaque in celebri loco posita praeforibus Ecclesi●e, cunctis venientibus inculcare, quatenus in utraque diligentia excommunicationis, ubique Ecclesiasticus aditus denegetur, & excommunicationis causa omnibus auferatur. Tibi autem, (frater Episcope Londoniensis) mandamus & in vi obedientiae injung mus, quatenus literas praefentes aliis fratribus, et Coepiscopis nostris, omnibus de provincia nostra manifestes & ostendas. Valete in Christo & pro nobis Constanter orate. Has litteras misit Henricus Rex Angliae singulis Vicecomitibus Angliae in principio perscutionis beati Thomae. Quadrilog. lib. 4. A. D. 1166. PRaecipio tibi quod si aliquis Clericus vel Laicus Baillivae tua Romanam Curiam appellaverit eum capias & firmiter custodias donec N. 47 voluntatem meam percipiat; & omnes redditus & possessiones Archiepisc●pi saisias in manum meam sicut Radulphus de Brock & alii ministri mei tibi dixerint; & omnium Clericorum qui cum Archiepiscopo sunt, patres & matres, fratres & sorores, nepotes & neptes ponas per salvo● plegios, & catalla eorum, donec voluntatem meam inde percipiant, & hoc breve tecum afferas cum summonitus fueris. Epistola Alexandri Papae, ad Gillebertum Londoniensem Episcopum, pro beato Thoma. Hoved. f. 287. a. n. 30. A. D. 1166. ALexander Episcopus Servus Servorum Dei, venerabili fratri Gilleberto Londoniensi Episcopo, Salutem & Apostolicam benedictionem. N. 48 Gaudemus autem & exultamus in Domino super ea devotione, ejusdem Regis, quam tuis literis nobis significâsti. Caet●rum quoniam eum volumus devotum esse Ecclesiae Dei et nobis, sicut ab ipso principio consuevit existere: Rogamus fraternitatem tuam, monemus atque mandamus, quatenus ipsum solicite ac diligenter saepe et saepius per te et alios commoveas, horteris modis omnibus, et inducas, ut ad ejusdem Ecclesiae honorem pariter et exaltationem solito modo intendat, et causam ipsius strenue foveat, et manuteneat atque defendat. Ecclesias vero et Ecclesiasticas personas diligat et honoret, et eorum jura conservet. Venerabilem quoque fratrem nostrum Cantuariensem Archiepiscopum, in amorem et gratiam suam reducat. Nos enim si eam, quam incepit, beato Petro et nobis reverentiam exhibuerit et honorem eum ferventi affectione diligemus, et ●d honorem et exaltationem ipsius, et conservationem regni sibi commissi, modis omnibus, prout decuerit, intendemus. Malumus en●m ipsum in patientia & mansuetudine vincere, quam eum aliquo modo gravare, Quamdiu id poterimus sustinere. Datum in gradu Mercurii undecimo Kalend. Septembris. Epistola Gilleberti Londoniensis Episcopi ad Alexandrum Papam de Responso Regis super negotio Cantuariensis Archiepiscopi. PAtri suo & Domino summo Pontifici Alexandro, Ibid. b. li● frater Gillebertus Londoniensis Ecclesiae minister, debitum sincerae Charitatis humilisque N. obedientiae famulatum. Mandatum vestrum (pater in Christo charissime) debita veneratione suscipientes, illico filium vestrum Dominumque nostrum, charissimum ill●stremque Anglorum Regem, in ipsis jam Galliae finibus agentem exercitum, adivimus. Et adjuncto nobis venerabili fratre nostro Richardo Herefordensi Episcopo, juxta vestri formam mandati diligenter, & intente convenimus. Cui singula, quae vestris nobis sunt expressa literis, ante oculos ponentes, ipsum obsecrando, & quantum regiam decebat majestatem arguendo, constanter, & instanter hortati sumus ut de propositis sibi satisfaceret, & si a rationis tramite deviaverat, ad viam veritatis & justitiae redire vestra per nos revocatus admonitione non tardaret. A patre pie commonitus a pravis actibus omnino desisteret, Deum puro corde diligeret, & matrem suam sanctam Romanam Ecclesiam solita veneratione respiceret: nec eam visitare volentes inhiberet, appellationes ad eam factas non impediret, & fratrem nostrum Dominum Cantuariensem benigne revocans & reducens, in beati Petri & vestra rever●ntia firmus immobilisque persisteret, & pietatis intendens operibus Ecclesias & Ecclesiasticas personas tam regni quam terrae suae non gravaret, nec per se nec per alium gravari permitteret. Sed ipsas diligens r●gia protectione conservaret, ut ille per quem Reges regnant temporale regnum sibi conservaret in terris, & aeternum largiretur in Coelis. Alioquin nisi monitis salutaribus adquiesceret Sanctitas vestra quae hucusque patienter sustinuit, ulterius in patientia sustinere non posset. Ad haec adjecimus timendum sibi fore, ne si errata non corrigeret, iram omnipotentis Dei cito incurreret, ut nec regnum ejus diu staret, nec suos prosperari permitteret. Sed qui humilem exaltaverat jamjam exaltatum ab ipso regni culmine durius allidendo dejiceret. Ipse vero correptionem vestram multa gratiarum actione suscipiens, multa animi temperantia multaque modestia consequenter respondit ad singula. Impr●m●s asserens, mentem suam a vobis se nullatenus avertisse, nec id unquam propositi ment concepisse, quin dum paternam sibi gratiam exhibueritis, vos ut patrem diligat, & Sanctam Romanam Ecclesiam ut matrem veneretur & foveat, & sacris jussionibus vestris, salva si●i sua regn que sui dignitate, humiliter obtemperet & obediat. Quod si vos aliqua jamdiu reverentia non respexit, hanc hujus rei causam asserit, quod cum vobis in necessitate toto corde, tota ment, totis viribus astiterit, sibi postmodum per nuntios in necessitate recurrenti ad vos, digne pro meritis Sanctitas vestra non respondit. Sed in omni fere petitione sua se repuisam susti●uisse conq●er ●u● & erubescit. De paterna tamen confisus gratia, quae filium cum volet exaudie●, vultus sperans & expectans laetiores in beati Petri, & vestra, ut dictum est, ●idelitate, immobili constantia perseverat. Ind est, quod Sanctitatem vestram visitare volentem nullum impediet: sed nec hactenus ut a●●erit impediv●t. In appellationibus ex antiqua sui regni institutione, id sibi vendicat honoris & oneris, ut ob ●●visem cau●am, nullus cler●corum regni sui, ejusdem regni fines exeat, nisi, an ipsius auctoritate & mandato jus suum obtinere queat, prius experiendo cognoscat. Quod si nec sic obtinuerit ad excellentiam vestram ipso in nullo reclamante, cum volet, quilibet appellabit. In quo si juri vestro vel honor● praejudicatur in aliquo, id se totius Ecclesiae regni sui ●o filio correcturum in proximo, Domino juvante, poll●●etur. Imperatorem illum, etsi scismaticum noverit, a vobis tamen excommunicatum esse usque hodie non rescivit. Quod si denuntiatione nostra resci●rit, ●i foedus illicitum cum ipso aut aliquo alio quolibet ●iit, & hoc Ecclesiae regni sui judicio, similiter & consilio se ●orrecturum promittit. Patrem nostrum dominum Cantuariensem suo se regno nequaquam expulisse asserit. Unde sicut abscessit ultroneus, sic ad Ecclesiam suam, cum sibi sederit in animo, plena pace sua revertendi sibi liberum erit. Dum tamen in satis●aciendo sibi super his, unde conqueritur, regias sibi & iniquas ipse juratus est, velit dignitates integre conserbari. Siqua vero Ecclesia vel Ecclesiastica persona ab ipso vel a suis se gravatum ostenderit, satisfactione plene totius Ecclesiae judicio paratus erit. Haec a Domino nostro Rege in responsis accepimus, qui utinam ad omnem voluntatem vestram uberius aliquid accepissemus. Eadem vero sublimitati vestrae notificanda duximus, ut ex responsis ipsius advertat discretio vestra, quo negotium hoc fine concludat, causam namque suam dominus Rex plurimum sibi justificare videtur, cum in omnibus quae dicta sunt Ecclesiae regni sui consilio simul & judicio se pariturum, & Patris nostri Domini Cantuariensis reditum, juxta quod dictum est, se nullatenus impediturum pollicetur. Vnde vestrae supplicandum aestimavimus excellentiae, quatenus illud prae oculis habentes, Calamum quassatum non conteret, & linum fumigans non extinguet. Zelum illum, qui ad ulsciscendam omnem, quae Ecclesiae Dei irrogatur, injuriam, laudabiliter igne divini Spiritus accensus est, si placet, ad tempus intra fines modestiae cohibeatis, ne vel interdicti sententiam vel ultimum illud praec●sionis elogium proferendo, Ecclesias innumeras subverti misere toleratis, & tam Regem ipsum, quam innumeros cum eo populos, a vestra, quod absit, obedientia irrevocabiliter avertatis. Bonum est membrum capiti cohaerere vel saucium, quam a corpore projici, jam praecisum, redeunt ad sanitatem saucia vix corpori coalescunt jam praecisa; adducit desperationem praecisio cum sanet vulnus saepissime caute medicantis operatio. Unde si placet bonum est, ut sanando vulneri, si quod est, ad praesens operam detis, quam Ecclesiae Dei partem nobili●simam praecidendo, quae turbata sunt hoc tempore, longè supra quam possit exprimi perturbetis. Quid enim si sermo vester nondum plene capit aut capitur. Nunquid divina desperanda est gratia? quia tempore accepto & capiat & capiatur? Nunquid abbreviata est manus Domini ut salvare nequeat? aut auris ejus aggravata ut non exaudiat? currens ille sermo velociter: potenter cum vult immutat omnia, & dat Sanctorum precibus etiam insperata. Sanguis regius tunc s●it demum vinci cum vicerit, nec erubescit cedere cum superaverit. Mansuetudine leniendus est monitis & patientia superandus. Quid enim si jacturam quandam temporalium inf●rt, vel exhibita vel in tempus exhibenda adhuc etiam patientia. Numquid non severitati retrahendum est cum strages imminet populorum? Numquid non in mare multa jactanda sunt, cum jam spondet interitum confusio tetra maris & fluctuum? Insipienter attamen in Charitate non ficta loquimur. Si hic rei finis extiterit, ut amissis suis dominus Cantuariensis exilium juge sustineat, & vestris, quod absit, mandatis ulterius Anglia non obediat, fuisset satius patienter in tempus sustinuisse, quam tanto zelo severitatis partibus institisse. Quid enim si plures è nobis ab obedientia vestra persecutio seperare non possit? Non deerit tamen qui genu curvet ad Baal, & de manu idoli pallium Cantuariae, non habito religionis & Justitiae delectu suscipiat. Nec deerunt, qui sedes nostras occupantes, & cathedras insidentes ipsi tota mentis Devotione obediant. Jam multi praemasticant ad talia, optantes ut veniant Scandala, & directa ponantur in prava. Vnde non propria, pater, plangimus aut ploramus incommoda: Sed nisi his malis occurreritis, foedam Ecclesiae Dei subversionem imminere cernentes, pertimescimus, ne citius ob vitae taedium optemus perisse diem, qua ad spectacula hujusmodi nati sumus. Conservet incolumitatem vestram in tempora longa omnipotens Deus, in Christo dilecte pater. Epistola Suffraganeorum Cantuariensis Ecclesiae ad beatum Thomam Cantuariensem Archiepiscopum. VEnerabili patri & domino Thomae, Hoved. f. ● b. n. i. A● 1167. Dei gratia Cantuariensi Archiepiscopo Suffraganei ejusdem Ecclesiae Episcopi & personae per eorundem Dioeceses locis variis constitutae, debitam subjectionem & N. obedientiam. Quae vestro pater discessu in longinqua inopinata rei ipsius novitate turbata sunt, vestra sperabamus humilitate & prudentia in pacis pristinae serenitatem, cooperante gratia revocari. Erat quidem nobis solatio, quod post discessum vestrum, ad omnes fama divulgante pervenit: Vos scilicet in transmarinis agentem, nil altum sapere; vos in Dominum nostrum Regem aut regnum ejus nulla machinatione insurgere, sed sponte susceptum paupertatis onus cum modestia sustinere. Lectioni & orationi insistere, praeteritorumque jacturam temporum jejuniis, vigiliis, lachrymisque redimere, & spiritualibus occupatum studiis ad perfectum beatitudinis virtutum incrementis ascendere. Ad pacis bona reformanda nos studiis hujusmodi gaudebamus insistere; ex quibus spes erat, vos in cor Domini Regis nostri hanc posse gratiam desuper evocare, ut vobis iram suam regia pietate remitteret, & illatas in discessu, et ex discessu vestro injurias ad cor de caetero non revocaret. Erat amicis vestris & benevolis ad ipsum aliquis accessus, dum haec de vobis audirentur, & ob conciliandam vobis gratiam supplicant●s benigne quemque sustinuit. Jam vero quorundam relatione didicimus, quod ad memoriam anxie revocamus, Vos scilicet in eum comminatorium emisisse, quo salutationem omittitis, quo non ad obtentum gratiae consilium prece sue porrigitis, quo non amicum quid sentitis aut scribitis, sed intentatis minis interdictum aut praecisionis elogium, in eum jam dicendum fore multa severitate proponentis. Quod si quam durè dictum est tam fuerit severe completum: quae turbata sunt non jam speramus ad pacem redigi, sed in perenne quoddam odium & inexorabile pertimescimus inflammari. Rerum vero finem prudentia sancta considerat, dans ●peram solicite, ut quod prudenter inchoat, bono quoque fine concludat. Advertat itaque (si placet) Disc●etio vestra, quô tendat, an conatibus hujusmodi finem queat obtinere, quem optat. N●s qu●dem his ausis a spe magna cecidimus, & qui pacis obtinendae spem quandoque concepimus, ab ipsis jam spei liminibus gravi quadam desperatione repellimur. Et dum velut extracto gladio pugna conseritur, pro vobis supplicandi locus utique non invenitur. Unde Patri scribimus ex charitate consilium, ne labores laboribus, injurias superaddat injuriis: sed omissis minis, patientiae, et humilitati inserviat. Causam suam divinae clementiae, domini sui gratiae, misericordiae committat, et sic agendo carbones ignis in multorum capita coacervat et congregat. Accenderetur hoc modo charitas, & quod minae non poterant, inspirante Domino, Bonorumque consilio suadente, de paupertate voluntaria gloriose laudari, quam de beneficii ingratitudine ab omnibus in commune notari. Insedit alte cunctorum mentibus, quam benignus Dominus noster Rex vobis extiterit, in quam vos gloriam ab exili provexerit, & in familiarem gratiam tam laetam vos ment susceperit, ut dominationis suae loca, quae a boreali Oceano Pyreneum usque porrecta sunt, adeo potestati nostrae cuncta subjecerit, ut in his solum hos beatos reputaret opinio, qui in vestris oculis poterant complacere. Et ne vestram gloriam mobilitas posset mundana concutere, vos in his quae dei sunt, voluit immobiliter radicare. Et dissuadente matre sua, regno reclamante, Ecclesia Dei, quoad licuit, suspirante, et ingemiscente, vos in eam qua praeestis dignitatem modis omnibus studuit sublimare, sperans se de caetero regnare foeliciter, et ope vestra et consilio summa securitate gaudere. Si ergo securim accepit, unde securitatem sperabat, quae de vobis erit in cunctorum ore narratio? Quae retributionis hactenus inauditae remuneratio, vel rememoratio? Parcatis ergo (si placet) famae vestrae, parcatis & gloriae, & humilitate Dominum nostrum filiumque vestrum charitate vincere studeatis. Ad quod si nostra vos monita movere nequeunt, debet saltem summi Pontificis Sanctaeque Romanae Ecclesiae dilectio, & fidelitas inclinare. Vobis enim sudderi debet e facili, ne quid attentare velitis, quod laboranti jamdiu m●tri vestrae, labores augeat; quo vel multorum inobedientiam deploranti in eorum qui ob●diunt amissione dolor accres●at. Quid enim si vestra quod absit exacerbatione, vel opera, Dominus noster, quem largiente Domino populi sequuntur et regna, a domino Papa recesserit? Ipsumque fortassis adversus vos solatia denegantem, sequi de caetero declinaverit? Ipsum namque in hoc, quae supplicationes, quae dona, quot quantaque promissa sollicitant? In petra cum huc usque firmus perstitit, & totum quod mundus offerre potest, victor alta ment calcavit. Vnum nobis timori est, ut quem oblatae divitiae, & totum quod in hominum gloria praetiosum est, flectere nequiverunt, animi sui valeat indignatio sola subvertere. Quod si per vos acciderit in threnos Jeremiae totus ire poteritis, & lachrymarum fontem oculis vestris de caetero negare nulla quidem ratione poteritis. Revocetis itaque (si placet) sublimitati vestrae consilium, domino quidem Papae, Sanctaeque Romanae Ecclesiae vobis etiam (si placet advertere) modis omnibus, si processerit, obfuturum. Sed qui penes vos alta sapiunt, vos forte hac via progredi non permittunt. Hortantur experiri in D●minum nostrum Regem, quis sitis, & in omnia quae su● sunt potestatem exercere qua praeestis. Quae nimirum potestas peccanti timenda ●st, satisfacere nol●nti formidanda. Dominum vero Regem non quidem peccasse nunquam dicimus, sed semper Domino paratum satisfacere confidenter dicimus & praedicamus. Rex a Domino constitutus Paci providet subjectorum per omnia ut hanc conservet Ecclesiis et commissis sibi populis, dignitates regibus ante se debitas et exhibitas sibi vult exhiberi et exigit. In quo si inter ipsum & vos aliqua oborta est contentio, a summo super hoc Pontifice paterna gratia per venerabiles fratres nostros Lundoniensem et Hereford●nsem Episcopos conventus et commonitus, non in coelum os suum posuit. Sed de omnibus in Ecclesia vel Ecclesiastica persona quaecunque se gravatam ostenderet se non alienum quaerere, sed Ecclesiae regni sui pariturum judicio humiliter & mansuete respondit. Quod quidem & factis implere paratus est, & dulce reputat obsequium, cum monetur ut corrigat si quid offenderit in Deum. Nec solum satisfacere, sed et si jus exigat in hoc satis dare paratus est. Si et satis dare satisque facere volentem Ecclesiae se judicio in his, quae Ecclesiae sunt nec in modico subtrahentem, colla Christi jugo subdentem, quo jure; qua lege, quove canone, aut interdicto gravabitis, aut secu●i, quod absit, evangelica praecidetis? Non impetu quidem ferri sed judicio prudenter regi laudabile est. Unde nostrum omnium una est in commune petitio? Ne consilio praecipiti mactare pergatis et prodere. Sed commissis ovibus, ut vitam, ut pacem, ut securitatem habeant, paterna studeatis gratia providere. Movet quidem nos omnes quod in fratrem nostrum Dominum Salesbiriensem Episcopum, & Decanum ejus, praepostere, ut quidam aestimant, nuper actum audivimus. In quos suspensionis, aut damnationis poenam ante motam de culpa controversiam, calorem, ut videtur, iracundiae, plus quam Justitiae secuti tramitem, intorsistis. Ordo judiciorum novus hic est, hucusque legibus, et canonibus, ut speramus, incognitus, damnare primum, et de culpa postremo cognoscere. Quem ne in Dominum nostrum Regem, et regnum eis, nec in nos, & commissis nobis Ecclesias, & Parochias in Domini Papae Damnum, Sanctaque Ecclesiae Romanae dedecus, & detrimentum, Vestraeque confusionis augmentum non modicum exercere tentetis & extendere: Remedium vobis appellationis opponimus, & qui contra metum gravaminum, in facie Ecclesiae, viva jamdudum voce ad Dominum Papam appellavimus; Iterato jam nunc ad ipsum scripto, etiam appellamus, et appellationi terminum diem Ascensionis Dominicae designamus. Quanta quidem possumus Devotione supplicantes, ut inito salubriori consilio, vestris, ac nostris laboribus, expensisque parcatis, causamque vestram, in hoc ut remedium habere queat ponere studeatis. Valere v●s optamus in Domino Pater. Epistola Suffraganeorum Cantuariensis Ecclesiae ad Alexandrum summum Pontificem pro Rege. PAtri suo, & Domino summo Pontifici Alexandro, Hoved. f. ● b. n. 40. A● 1167. Provinciae Cantuariensis Episcopi, et personae per eorundem Dioeceses locis pluribus constitutae Domino Patrique debitum Charitatis, & obedientiae famulatum. N. Vestram (Pater) meminisse credimus excellentiam vos devotum filium vestrum; dominumque nostrum charissimum, illustremque regem Anglorum, per venerabiles fratres nostros Londoniensem; et Herefordensem Episcopos directis jamdudum literis convenisse, & de corrigendis quibusdam, quae Sanctitati vestrae, in ipsium regno corrigenda videbantur, paterna gratia commonuisse. Qui mandatum vestrum debita veneratione suscipiens, ut satis notum est, ad vestra quidem mandata non iratus intumuit, non ●latus obedire contempsit: Verum gratias agens paternae correptioni, Ecclesiae se statim summisit examini; asserens de singulis quae juxta vestri formam mandati sibi diligenter expressa fuerunt; Ecclesiae regni sui se pariturum judicio; a qua corrigenda decerneret, ipsius se consilio laudabili quidem, & in principe digne commendabili devotione correcturum. Ab hoc vero non recedit proposito, nec mentem revocat a promisso. Sed qui sedeat, qui cognoscat, & judicet: ipse divini reverentia timoris, non majestatem praeferens, sed ut filius obediens judicio sistere, legitimeque parere sententiae, seque legibus alligatum principem, praesto est in omnibus exhibere, filius obediens. Vnde nec interdicto, nec minis nec maledictionum aculeis ad satisfactionem urgere necesse est divinarum se legum examini subdentem. Ejus enim opera nequaquam se luci subtrahunt: nec occultari tenebris aliqua ratione deposcunt. Rex namque fide Christianissimus in copula castimoniae conjugalis honestissimus, pacis et Justitiae conservator, & dilatator incomparabiliter strenuissimus, hoc votis agit totis, in his fervet desideriis, ut de regno suo tollantur scandala, cum spurcitiis suis eliminentur peccata, pax totum obtineat atque justitia, & alta securitate & quiete placita sub ipso gaudeant & refloreant universa. Qui cum pacem regni sui enormi insolentiam quorundam clericorum excessu, non mediocriter aliquando turbari cognosceret: Clero debitam exhibens reverentiam, eorundem excessus ad Ecclesiae judices retulit Episcopus, ut gladius gladio subveniret: & pacem, quam regebat & fovebat in populo, spiritualis potestas fundaret, & solidaret in clero. Qua in re partis utriusque zelus innotuit Episcoporum in hoc stante judicio: ut homicidium, et si quid ejusmodi est ex auctoritate sola puniretur in clero. Rege vero existimante poenam hanc non condigne respondere flagitio, nec stabiliendae paci bene prospici, si lector aut acolytus perimat quam praeclara nitentem virum religione vel dignitate ut sola jam dicti ordinis amissione tutus existat. Clero itaque statuto coelitus ordini deferente, domin● vero Regi peccatum justo sicut sperat odio persequente, & pacem altius radicare intendente, Sancta quaedam oborta est contentio, quam excusat (ut credimus) apud dominum simplex utriusque partis intentio. Hinc non dominationis ambitu, non opprimendae Ecclesiasticae libertatis intuitu; sed solidandae pacis affectu, eam progressus est, ut regni sui consuetudines & dignitates regibus ante se in regno Angliae, a personis ecclesiasticis observatas et pacifice reverenter exhibitas Dominus noster Rex deduci vellet in medium. Et ne super his contentionis funis traheretur in posterum, notitiae publicae delegari, adjuratis itaque per fidem, & per eam, quae in Deum spes est majoribus natu episcopis, aliisque regni majoribus retroacti temporis in sinuato statu; dignitates requisitae palam prolatae sunt, & summorum in regno virorum testimoniis propalatae. Haec est domini nostri regis in Ecclesiam Dei toto orbe declamata crudelitas, haec ab eo persecutio, haec opera ejus, inter nos vel undique divulgata malignitas. In his tamen omnibus si quid sive periculosum animae, si quid ignominiosum Ecclesiae continetur, id vestra monitus atque motus auctoritate, ob reverentiam Christi, ob Ecclesiae sanctae, quam sibi matrem profitetur, honorificentiam, ob animae suae remedium, ecclesiae regni sui consilio se correcturum devotione Sanctissima jam diu pollicitus est, et constantissime pollicetur. Et quidem pacis optatum finem, nostra pater, ut speramus, obtinuisset jam postulatio; si non iras jam sopitas, et fere prorsus extinctas, patris nostri domini Cantuariensis de novo suscitasset exacerbatio. Verum his, de cujus patientia pacem, de cujus modestia redintegrationem hujusce gratiae sperabamus, ipsum quem monitis emoll●re, quem meritis & mansuetudine s●perare debuerat, per tristes et terribiles literas, devotionem patris aut pontificis patientiam minime redolentes, cum in pacis perturbatores exercitium nuper ageret, dure satis et irreverenter aggressus est. In ipsam excommunicationis sententiam in regnum ejus interdicti poenam acerrime comm●nando; cujus si sic remuneratur humilitas? Quid in contumacem statuetur? Si sic aestimatur obediendi prompta devotio, in obstinacem perversitatem quonam modo vindicabitur? Minus quoque gravibus superaddita sunt graviora. Quosdam namque fideles & familiares domini regis, primarios regni proceres, regiis specialiter assistentes secretis, in quorum manu consilia regis & regni negotia diriguntur, non citatos, non defensos, non ut aiunt culpae sibi conscios, non convictos, aut confessos, excommunicationis innodavit sententia, & excommunicatos publice denuntiavit. Adjecit etiam, ut venerabilem fratrem nostrum Salisbiriensem Episcopum, absentem & indefensum, non confessum, aut convictum sacerdotali priùs & episcopali suspenderet officio, quàm suspensionis ejus causam conprovincialium aut aliquorum etiam fuiss●t arbitrio comprobata. Si hic itaque judiciorum ordo circa regem, circa regnum, tam praepostere, ne dicamus, inordinate processerit: quidnam consequi posse putabimus? Dies enim mali sunt, & occasionem habentes malignandi quamplurimam nisi ut tenor pacis, & gratiae, quo regnum & Sacerdotium usque modo cohaerent, abrumpatur, & nos cum commisso nobis clero in despersionem abeamus exilii, aut a vestra, quod absit, fidelitate recedentes, ad scismatis malum in abyssum iniquitatis & inobedientiae pervolvamur. Compendiosissima quippe via haec est ad omne religionis dispendium, ad cleri pariter populique subversionem et interitum. Vnde ne Apostolatus vestri tempore tam misere subvertatur Ecclesia; ne dominus noster rex & servientes ei populi a vestra, quod absit, avertantur obedientiâ: ne totum, quod privatorum consilio machinatur, possit in nos Domini Cantuariensis iracundia adversus eum & ejus mandata, domino nostro regi aut regno ejus, nobis, aut commissis nobis Ecclesiis gravamen aliquod importantia; ad sublimitatem vestram voce et scripto appellavimus, et Appellationi terminum diem Ascenscionis Dominicae designavimus, eligentes apud vos in omne quod Sanctitati vestrae placuerit humiliari, quam ad sublimes ipsius animi motus, nostris non id exigentibus meritis, de die in diem taediosissime pergravari. Conservet incolumitatem vestram Ecclesiae suae in longa tempora profuturam omnipotens Dominus, in Christo dilecte Pater. Epistola beati Thomae Cantuar. Episcopi ad Gillebertum Lundoniensem Episcopum de sententia in eum prolata. THomas Dei gratia Cantuariensis Archiepiscopus & Apostolicae sedis legatus, Gilleberto Lundoniensi Episcopo, Hoved. f. 2 b. n. 20. A. 1168. utinam vero fratri, declinare a malo, & facere bonum. Excessus vestros dum licuit N. 52 supportavimus: & utinam mansuetudo patientiae nostrae, quae nobis ultra modum damnosa extitit, in totius Ecclesiae perniciem non redundet. Sed quia patientia nostra semper abusi estis, et neque dominum papam nec nos in verbo salutis vestrae voluistis audire: sed obduratio vestra in deteriora semper crevit, vos urgente necessitate officii, & ratione juris persuadente, ex justis et manifestis causis anathematis sententia percellentes excommunicavimus; et a corpore Christi; quod est Ecclesia, donec condigne satisfaciatis amputavimus. Precipimus igitur in virtute obedientiae, in periculo salutis, dignitatis, & ordinis, quatenus prout forma Ecclesiae praescribit ab omnium communione fidelium abstineatis; ne vestra participatio Dominicum contaminet gregem ad ruinam, qui vestra doctrina erudiendus, & exemplis informandus erat ad vitam. Epistola beati Thomae Cantuariensis Archiepiscopi ad capitulum Lundoniensis Ecclesiae de vitandis excommunicatis. Ibidem, n. 40. A. D. 1168. THomas Dei gratia Cantuariensis Archiepiscopus, & Apostolicae sedis legatus, Decano & Archidiacono, & clero Lundoniensis N. 53 Ecclesiae, salutem, & a communione excommunicatorum fideliter abstinere. Vestram non debet latere prudentiam, quod fere totus Latinus orbis agnovit, quam inique sumpta opportunitate, ex causa scismatis generalis, Gillebertus Lundoniensis Episcopus frater noster, utinam verus, in causa Ecclesiae versatus sit, & pacem ejus studuerit perturbare. Supportavimus enim in multa patientia hactenus, qua ille semper abutens, jugis inobedientiae crimen multiplicatis excessibus incorrigibiliter cumulavit. Nos ergo quibus ultra dissimulare non licuit, eum urgente necessitate officii, & ratione juris persuadente publice excommunicavimus & vobis precipimus, in virtute obedientiae, & in periculo ordinis, & salutis ut a communione ejus, sicut Christi fideles decet, prorsus abstineatis. Similiter & alios sub eadem interminatione praecipimus evitare, quorum nomina inferius scripta sunt. Simili quoque sententia Deo auctore, eos, qui a nobis solemniter citati sunt, nisi interim satisfecerint condemnabimus in die Ascenscionis; scilicet & Gillebertum Cantuariensem Archidiaconum & Robertum Vicarium ejus, Richardum de Ivecestre, Richardum de Luci, Willielmum Gi●●ardum, Adam de Cheringes, & eos qui ex mandato regis, vel propria temeritate, nostra vel clericorum nostrorum occupaverunt bona, & eos qui ope, vel consilio domini regis animum adversus libertatem Ecclesiae, & innocentum proscriptionem, & depopulationem instigasse noscuntur, & qui nuntios domini Papae, & nostros ne persequantur Ecclesiae necessitates impediunt. Non turbetur cor vestrum in his, neque formidet, quia contra tergiversationes malignantium & appellationum subterfugia Deo propitio sedis Apostolica munimine tuti sumus. Haec sunt nomina excommunicatorum. jocelinus Saresbiriensis Episcopus; Comes Hugo, Ranulphus de Broc, Thomas filius Bernardi, Robertus Ecclesiae de Br●c, Hugo de Sancto Claro, Letardus clericus de Norflicta, Nigellus de Saccavilla, Richardus frater Willielmi de hastings, qui Ecclesiam nostram de novo Cotona occupavit. Valete. Si quis a festivitate Sancti Dionisii inventus fuerit in Angliam f●rens litteras Domini Papae vel Thomae Archiepiscopi Cantuariensis, Chron. G● vas. Doro● Col. 140 lin. 1. A. ● 1169. See Hov● f. 295. a. ● vel aliquod mandatum ex parte eorum de interdicto, capiatur & statim fiat de eo justitia, sicut de traditore Domini Regis & regni sui. Veruntamen illi qui capti sunt cum mandato vel litteris hujusmodi ante festum Sancti Martini, custodiantur usque ad eundem terminum, & postea fiat de eis justitia, N. sicut praeceptum est. Si Episcopi vel Abbates cujuscunque ordinis sint vel quicunque clerici vel laici sententiam interdi●i tenuerint, statim ejiciantur a terra & tota cognatio eorum, & tali modo ut nil ferant de catallis suis secum, sed omnia catalla eorum & omnes possessiones suae in manu Domini Regis seisiantur. Omnes clerici qui habent redditus in Anglia, & sunt extra Anglia● summoneantur per omnes comitatus & provincias, quod infra festum Sancti Hylarii redeant in Angliam, & si non venerint ad terminum illum, omnes redditus eorum capiantur in manus domini Regis & ipsi sint sine spe revertendi, & Vicecomites faciant hoc scire Archiepiscopis, Episcopis de provinciis suis. Nulla fiat appellatio ad dominum Papam, neque ad Thomam Cantuariensem Archiepiscopum, nec aliquod placitum eorum mandato teneatur. Et si quis a festo Sancti Dionisii inventus fuerit hoc faciens capiatur, & retineatur, & omnia catalla ejus & possessiones capiantur in manu Domini Regis, sive Episcopus fuerit, sive Abbas vel Monachus, aut canonicus, aut clericus, vel cujuscunque ordinis fuerit. Si quis laicus venerit de ultra mare ubicunque applicuerit intente exquiratur utrum portet aliquid quod sit contra honorem domini Regis. Et si quid ●ale super eum inventum fuerit, capiatur & incarceretur. Et similiter fiat de laicis qui veniunt ad mare transfretare. Si clericus, vel canonicus, vel monachus, vel conversus seu cujuscunque religionis fuerit de ultra mare venerit, exquiratur, & si nihil hujusmodi cum illo inventum fuerit, nisi habeat litteras domini Regis de passagio suo non procedat ulterius, sed quam citius poterit revertatur; Et si aliquod hujusmodi super eum inven●um fuerit, capiatur & incarceretur. Nullus clericus, vel canonicus, vel monachus, vel cujuscunque religionis Dei fuerit permittatur transfretare, nisi habeat litteras de passagio suo. Si quis Walens●s clericus vel laicus applicuerit, nisi habeat litteras domini Regis de passagio suo, capiatur & custodiatur, & omnes Walenses qui sunt in Scolis in Anglia e●ic●antur. Omnes vero vacecomites totius Angliae faciant omnes milites & liberè tenentes, & omnes illos qui quindecim annos habent de comitatibus suis jutare in pleno comitatu, & per omnes civitates & burgos, quod haec mandata super vitam et membra sua servabunt, & missis servientibus suis per omnes villatas Angliae faciant jurare omnes illos qui ad comitatus non suerunt, quod haec mandata cum caeteris tenebunt. Epistola Alexandri ad Henricum Regem Angliae. Ibidem. f. 295. a. n. 20 A. D. 1169. ALexander Episcopus servus servorum Dei, illustri Anglorum Regi Henrico, sal●tem et Apostolicam benedictionem. Magnificentiae tuae N. 55 Nuntios, scilicet dilectos filios nostros johannem Cumin, & Radulfum de Tamewrde nobis, et Ecclesiae Dei devotos, et regiae sublimitati (sicut credimus) per omnia fidelissimos, et literas, quas excellentia tua nobis per eosdem transmisit, tanto benigniori ment suscepimus, et tanto eos majori gratia praevenimus, et honore, quanto pl●nius scivimus ipsos à magnifico principe, et rege Christianissimo fuisse transmissos: cui utique omnem, quam cum Deo possumus, gratiam cupimus et honorem, et ad cujus incrementum modis omnibus, quibus honeste poterimus, nos et fratres nostri ac tota Ecclesia quanto devotissimae sinceritatis tuae affectum in majori sumus necessitate experti, tanto ardentius intendimus aspirare. Non enim tuae devotionis insignia nobis tempore tam opportuno exhibita a nostra in posterum memoria, ulla poterit ratione divelli, vel in conspectu Ecclesiae aliqua desuetudine inumbrari. Petitiones quoque tuas, quas nobis per jam dictos nuntios tuos misisti in quibus cum Deo et honestate nostra potuimus, sicut iidem magnificentiae tuae nuntii viva voce plenius enarrabant, curavimus executione mandare. Personas siquidem de latere nostro, juxta quod rogasti, licet nobis gravissimum, a● difficillimum hoc tempore maxime videatur aliquos a nobis emittere, cum fratrum nostrorum et eorum praesertim quos tu desideras praesentia et consilio opus habeamus, illius tamen recolendae, et magnificae devotionis tuae, ut diximus, non immemores existentes, ad sublimitatis tuae praesentiam duximus destinandas cum plenitudine potestatis, Ecclesiasticas causas, quae inter te et venerabilem fratrem nostrum Archiepisc. Cantuariensem hinc inde vertuntur, et illa quae inter eundem Archiepisc. et Episc. regni tui super appellatione ad nos facta movetur, nec non alias causas tres quas noverint expedire, cognoscendi judicandique, et prou● sibi dominus administraverit, canonice terminandi. Eidem quoque Archiepiscopo ne te aut tuos seu regnum gubernationi tuae commissum, donec causae illae debitum sortiantur effectum, in aliquo gravare, vel turba●e aut inquietare attentet omnimodis inhibemus. Verum si praefa●us Archiepiscopus in te, aut regnum tuum, vel personas regni interim aliquam sententiam tulerit, nos eam irritam esse, et non te tenere censemus. Ad indictionem autem hujus rei, et argumentum nostrae voluntatis, literas praesentes, si articulus ingruerit necessitatis ostendas. Alioquin serenitatem tuam rogamus, et attentius commonemus, ut literas ipsas, aut earum tenorem a nullo sciri permittas, sed eas habeas omnino secretas. Illos autem familiares & consiliarios tuos, quos jam dictus Archiepiscopus sententiae excommunicationis subjecit, personae de latere nostro transmissae, domino auctore, absolvent. Si autem aliquis illorum interim metu mortis laboraverit, praestito secundum Ecclesiae consuetudinem juramento, quod nostro si convaluerit debeat parere mandato, ipsum ab aliquo Episcopo, vel religioso, et discreto viro absolvi concedimus. Rescriptum Thome Cantuariensis Archiepiscopi ad omnes suffraganeos suos. FRaternitatis vestre scriptum, Quadrilo● lib. 5. quod tamen prudentie vestre communi consilio non facile credimus emanasse: nuper ex insperato N. suscepimus. Cujus continentia plus videtur habere mordacitatis, In this R● script are ●ny faults 〈◊〉 incongrue yet seeing 〈◊〉 they do 〈◊〉 little alte● sense and 〈◊〉 meaning 〈◊〉 I have Pri● it, as I f● it in the Author. quam Solatii & utinam magis esset emissum de pietatis studio, de Caritatis affectu; quam de inobedientia voluntatis. Caritas enim non querit que sua sunt: sed que Jesu Christi. Erat quippe de jure officii vestri. Si veritatem habet evangelium, quod quidem habet, si recte agitis ejus officium. Si fideliter ejus negotium geritis cujus representatis figuram, Magis eum timere, qui potest corpus & animam mittere in Gehennam, quam qui potest corpus occidere. Magis obedire Deo quam hominibus. Patri quam Domino, ejus exemplo qui factus est patri obediens usque ad mortem. Mortuus utique ipse est pro nobis: nobis relinquens exemplum: ut sequamur vestigia ejus. Commoriamur ergo & nos, & ponamus animas nostras, pro liberanda Ecclesia sua à jugo servitutis, & oppressione trubulantis quam ipse fundavit, cujusque comparavit libertatem sanguine suo proprio, nae si secus egerimus: merito nos comprehendat illud Evangelicum Qui amat animam suam plusquam me, non est me dignus. Optime nosse debueratis quam si justum est quod precipit Imperator: ejus exequi debetis voluntatem. Si vero contrarium respondere quam oportet, nos magis obedire Deo, quam hominibus, unum vobis dico: ut Salva pace vestra loquar: multo tempore silui expectans si forte inspiraret vobis Dominus, ut resumeretis vires: qui conversi estis retrorsum in die belli. Si forte saltem aliquis ex omnibus vobis ascenderet ex adverso, opponere se murum pro domo Israel. Simularet saltem inire certamen contra eos qui non cessant quotidie exprobare agnum Dei; expectavi non est qui ascendat. Sustinui, non est qui exponat. Silui, non est qui loquatur. dissimulavi ego, non est qui simulatione certet. Reposita est mihi de reliquo querele actio: ut merito clamare habeam: Exurge Domine judica causam meam, vindica sanguinem Ecclesie que eviscerata est, que facta est oppressione exanimis. Superbia eorum qui oderunt ejus libertatem: ascendit super, nec est de cetero qui faciat bonum, non est usque ad unum. utinam fratres dilectissimi esset vobis affectus in defensionem libertatis Ecclesie, qui paretur nobis in ejus confusionem, litteris vestris ut credimus minus legunt in appellatoriis, verum fundata est ipsa supra firmam petram nec est qui possit eam convellere, etsi concutere. Vt quid ergo queritis me confundere? imo vosipsos in me, imo & me vobiscum, homines, qui suscepi in me omne periculum, sustinui opprobria, tolleravi tot injurias, expertus sum etiam pro vobis omnibus proscriptionem; Expediebat quidem unum affligi pro Ecclesia ista, ut vel sic excutiatur a servitute. Discutite ment simplici tamen ista, examinate nego●ium, diligenter, attendite quis debeat hujus esse finis negocii, ut deducta Majestate imperii: postposita penitus personarum acceptione, quarum acceptor Deus non est: faciat vobis ipse intelligere quicquid egeritis, quid intenditis agere. Auferat ipse Deus velamen de cordibus vestris: ut cognoscatis quid agere debeatis. Dicat ex omnibus vobis qui noverit si unquam post promotionem meam, alicui vestrum tuli bovem vel asinum, si pecuniam. Si causam alicujus inique judicavi. Si alicujus vestrum dispendio operavi, in compendium reddo quadruplum. Si vero non est quod offenderim: ut quid me derelinquitis? solum in causa Dei: Quare vosipsos nobisipsis opponere curatis, in ista causa: qua nulla specialior est Ecclesie. Nolite fratres, Nolite vosipsos & Ecclesiam Dei, quantum in vobis est confundere. Sed convertimini ad me & salvi eritis. Dominus enim dicit. Nolo mortem peccatoris: sed magis ut convertatur & vivat. State mecum viriliter in prelio. Apprehendite arma & scutum: & exurgite in adjutorium michi. Accing imini gladio verbi Dei potentissimi: ut simul omnes fortius & validius valeamus una resistere, pro officii nostri debito adversus malignantes, adversus operantes iniquitatem, adversus eos qui querunt tollere animam Ecclesiae: que est libertas. sine qua nec viget Ecclesia, nec valet adversus eos qui querunt hereditate Sanctuarium Dei possidere. Festinemus ergo omnes simul id agere: ne ira Dei ascendat super nos, tanquam super negligentes pastores & desides: nec reputemur muti canes, non valentes latrare: ne exprobretur nobis a transeuntibus, a Senioribus Babilonis egressa est iniquitas. Revera si me audieritis, scitote quam Dominus erit vobiscum, & cum omnibus nobis in omnibus viis nostris ad faciendam pacem. ad defendendam Ecclesie libertatem. Alioquin judicet Dominus inter me & vos & requirat Ecclesie confusionem de manibus vestris. quam velit nolit mundus necesse est stare firmiter in verbo Domini in quo fundata est: donec veniat hora ejus & transeat ex hoc mundo ad patrem. Judicabit quidem eo quod reliquisti me Solum in certamine, nec est qui mecum velit ascendere ad pugnam ex omnibus caris meis. Adeo solum ut recogitet forte quilibet vestrum & dicat, Ve Soli: quod si ceciderit non habet se sublevantem. Sed reposita est mihi spes mea in sinu meo: quod solus non est cum quo Dominus est, qui cum ceciderit non collidetur. Supponit enim Dominus manum suam. Vt itaque veniamus ad rem dicite: fratres exciditne a memoria vestra quid ageretur mecum & cum Ecclesia Dei, dum adhuc essem in Anglia: quid in exitu: quid post exitum: quid etiam agatur diebus istis: quid maxime apud Northamtoniam, cum iterum judicaretur Christus in persona mea, ante tribunal Presidis. Cum artar●tur Cantuariensis ob injurias sibi & Ecclesie Dei passim illatas, & sine delicto Romanam appellare audientiam. bona sua? male dicimus sua, cum habet bona pauperum, patrimonium crucifixi que potius sunt commendata, quam donata: sub Dei protectione ponere, & Ecclesie Romane. Quis unquam & si aliquando injuste prescriptum declaravit divina clementia: vidit, audivit Cantuariensem judicari, condemnari, cogi, ad fidejussionem, in Curia Regis, a suis precipue Suffraganeis, ubi est inventu juris ista, vel canonum auctoritas? adversa immo perversa perversitas. Vt quid enormitas ista non parit vobis erubescentiam: non immittit vobis confusionem: confusio non elicit poenitentiam: penitentia excutit satisfactionem, coram Deo & hominibus. Ob tot quidem & tantas Deo & Ecclesie sue illatas injurias, in me nisi propter Deum, quas sustinere non debui, salva conscientia mea, nec sine discrimine vite mee potui emendare nec dissimulare sine periculo anime; elegi potius declinare ad tempus ut habitarem salubrius in domo Domini, quam habitare in tabernaculis peccatorum donec completa esset iniquitas: revelarentur corda iniquorum, & manifestarentur cogitationes cordium. Illa tot injuriarum illatio fuit causa appellationis me: hec fuit occasio recessus mei quem dicitis inopinatum qui magis secundum ea que proponebantur adversum me, que agebantur m●cum. Si veritatem loquimini qui novistis debuit fuisse inopinatus ne impediretur prescitus. Sed Domino vertente causas adversus nos in melius prospectum est Domini nostri Regis honori & suorum ne quid fieret in me in ipsius ignominiam & generationis sue. Melius etiam consultum his qui suspirabant, in necem meam, & qui sitiebant sanguinem meum qui aspirabant in fastigium Ecclesie Cantuariensis: ut vulgo dicitur & creditur in nostram perniciem utinam minus ambitiose quam avide appellavimus & appellati sumus, rebus Cantuariensis Ecclesie nostrisque & nostrorum sicut juris exigit ratio, in tuto manentibus nostram prosecuti sumus appellationem. Si nobis recedentibus, & in discessu nostro prout dicitis omnia turbata sunt: sibi imputet qui causam dedit, qui hoc procuravit, facientis proculdubio culpa hec est: non recedentis, persequentis, aut declinantis injurias. Damnum enim dedisse videtur, qui causam damni dedit. Quid plura? presentavimus nos Curie nostras & Ecclesie proposuimus injurias. Adventus nostri & appellationis causam etiam exposuimus, non fuit qui nobis responderet vel in aliquo. Expectavimus nec venit qui nobis aliquid objiceret, nulla adversus nos reportata sententia antequam veniretur ad Regem. Nobis adhuc de more expectantibus in Curia. Si forte nobis adopponeretur, ad nostros accessum est officiales, interdictum est eis ne in aliquo nobis sub temporalibus obedirent: ne nobis vel nostris quicquam ministretur ab ipsis citra mandatum regis & contra conscientiam te frater Londoniensis, cum Ricardo de Yvecestria & eboracensi sicut dicitur dictante sententia festinatum est inde ad dominum regem, viderit ipse in caput ejus convertatur qui hoc dedit consilium, sive judicio sive ratione, post appellationem nobis adhuc in Curia manentibus, Spoliata est Ecclesia, Spoliati sumus, & nos, cum nostris. proscripti & ipsi clerici cum laicis, viri cum mulieribus, mulieres cum infantibus & cunabulis: addita sunt fisco bona ecclesie, patrimonium crucifixi, pars pecunie conversa est in usus regios, parsque in tuos frater Londoniensis, si vera sunt que audivimus, & ecclesie tue. Quod si ita est, exigimus te, precipientes tibi in virtute obedientie quatinus infra quadraginta dies, post istarum susceptionem litterarum, quicquid inde tulisti vel in usus ecclesie tue conversum est: remota omni occasione, & dilatione infra tempus prenominatum in integrum nobis restituas. Iniquum est enim & valde juri contrarium ecclesiam ditari, de alterius ecclesie incommodo. Si laudas auctorem, scire debes super rebus ecclesie ablatis, eum legitime non posse prestare auctoritatem, qui violentam facit injuriam. Quo ergo jure perverso? quo canonum ordine transposito? poterunt se tueri raptores sacrilegi bonorum ecclesiasticorum invasores, non restitutis ablatis ecclesie. Opponentne appellationis obstaculum? Absit. Que nova, imo que juri contraria introducitis in ecclesia ista. videte quid agatis. Certe excutitur in vos faba ista. & in ecclesias vestras, si non vobis melius prospexeritis. Periculose enim ageretur cum ecclesia Dei, si raptor Sacrilegus alienorum bonorum invasor, maxime ecclesie, tutus esset adversus eam appellationis auxilio. Frustra enim juris implorat auxilium, qui juri non obtemperat, immo qui juri est contrarius. Suntne iste injurie quas addimus injuriis, labores quos laboribus adicimus, quod ista & alia enormia que fiebant, & fiunt in ista ecclesia non sustineamus: quod gravati appellavimus: quod recessimus a Curia, quod ausi sumus super injuriis ecclesie & nostris conqueri: quod super his omnibus non tacemus: quod ista speramus corrigere: periculose certe affligitur, cui saltem conquerendi solatium negatur. Vos amici mei qui altiora Sapitis, inter alios qui geritis vos aliis prudentiores, quum solent filii hujus seculi prudentiores filiis lucis esse: ut quid decipitis fratres vestros, & subditos quando inducitis eos in errorem istum: Que auctoritas? que Scriptura? contulit hanc prerogativam principibus in ecclesiasticis, quam vos vultis eye inferre. Nolite fratres, nolite, jura ecclesie, & regni confundere: discrete quidem sunt potestates iste, quarum una vim & potestatem est sortita ex alia. Legite scripturas, & invenietis quot & qui periere reges, qui sibi visi sunt sacerdotale officium usurpasse. Provideat ergo discretio vestra ne ob istam pressuram divina vos atterat injuria, quam si venerit non fugietis de facili. Consulite etiam Domino nostro Regi, qui ejus comparatis gratiam super ecclesie dispendio, ne quod absit pereat ipse & domus ejus tota: sicut & ipsi periere qui in consimili delicto comprehensi sunt. Si vero ab hoc incepto non destiteritis, qua animi conscientia non puniemus ista, qua puritate conscientie ista dissimulabimus. dissimulet equidem qui hanc hahet dissimulandi auctoritatem, non ego: ne veniat in animam meam ista d●ssimulatio. Innuitis litteris vestris imo aperte dicitis, me regno clamante, Ecclesia etiam suspirante, & ingemiscente fuisse promotum. Scitis quid dicat veritas. Os quod mendacium scienter loquitur, occidit animam, verba vero Sacerdotis semper comitem debent habere veritatem. Deus bone nunquid non erubesceret aliquis de plebe, ista dicere. Consulite ergo conscientias vestras, advertite formam electionis, consensum omnium ad quos spectabat electio: assensum principis per filium suum, & per eos qui ad hoc missi sunt. Filii etiam cum omnibus regni primatibus: si aliquis eorum contradixit: si aliquis reclamavit vel in aliquo loquatur qui novit: dicat qui conscius est. Si vero turbatus inde fuerit aliquis non dicat pro sua molestia, toti regno & ecclesie factam fuisse injuriam. Litteras vero Domini Regis & omnium vestrum diligentius attendistis postulantes cum multa instantia pallium obtinuisse. Sic se habet rei veritas: Verum si quem torsit invidia: si quem afflixit ambitio. Si cui causa pacisica tam legitima, tam sine contradictione facta est electio, dolorem & amaritudinem cum eatenus, & ob hoc machinetur & velit turbari omnia. Indulgeat ei Dominus & nos: eo quod suam minime tacet irreverentiam, suique animi indignationem in conspectu omnium publice confiteri non erubescit: dicitis me de exili sublimatum ab ipso in gloriam. Non sum revera attavis editus regibus, Malo tamen is esse in quo faciat sibi genus animi nobilitas, quam in quo nobilitas generis degenerat. forte natus sum in tugurio de paupere. Sed cooperante divina clementia, qui novit facere misericordiam cum suis servis, qui elegit humilia ut confundat fortia in exilitate mea, antequam accederem ad ejus obsequium satis copiose, satis habundanter, satis honorifice, sicut ipsi novistis, prout habundantius inter vicinos meos & notos cujuscunque conditionis fuerint conversatus sum. Et David de post fetentes assumptus constitutus est ut regeret populum dei, cui aucta est fortitudo, & gloria, quum ambulavit in viis Dei. Petrus vero de arte piscatoria electus factus est ecclesie princeps, qui sanguine suo meruit pro nomine Christi in celis habere coronam, & in terris nomen & gloriam utinam & nos similiter faciamus, Successores Petri sumus: non Augusti: Novit Dominus quo intuitu nos ipse desiderat sublimari: respondeat ei sua intentio & nos respondebimus ei pro officii nostri debito fidelius per misericordiam Dei in severitate quam qui blandiuntur ei in mendaciis. Meliora enim sunt verbera amici, quam fraudulenta oscula inimici. Impingitis nobis ingratitudinis notam per quandam insinuationem. Credimus quod nullum peccatum criminale est quod importet infamiam, nisi processerit ex animo. Vnde si quis homicidium nolens commiserit, & si homicida dicatur & sit, non tamen homicidii reatum incurrit. Sic dicimus etsi Domino nostro Regi obsequium debeamus, jure Domini si teneamur ei ad reverentiam prestandam jure r●gio: si Dominum sustinuimus, si filium paterno affectu convenimus, si in conventu non auditi & dolentes necessitate officii severitatis censuram exercemus plus credimus nos pro ipso facere & cum ipso quam contra ipsum: plus ex ipso mereri gratiam quam ingratitudinis notam & penam. Sepissime certe beneficium confertur invito. Vnde commodius ejus prospicitur indamnitati qui etsi non alias urgente necessitate revocatur a perpetratione delicti. Preterea defendit nos ab ingratitudinis nota, pater noster & patronus qui est ipse Christus Jure paterno tenemur ad ejus obedientiam: qua non servata puniemur exheredationis pena. Potest enim pater exheredare filium ex justa causa. Ipse dicit: Si non annunciaveris impio iniquitatem suam, & moriatur in delicto suo, sanguinem ejus de manu tua requiram. Ergo si delinquentem non convenimus, si non obedientem non corripimus, si pertinacem non cohercemus committimus in mandatum, & tanquam inobedientie rei jure exheredamur jure siquidem paterno quo ei sumus liberi, cum essemus servi peccati facti sumus liberi justicie per ejus gratiam obligamur, ei ad reverentiam & obsequium. Vnde quum nemini nisi, ejus salva fide, tenemur obnoxii si sit contra eum in dispendium ecclesie pertinaciter merito si non punimus commissum pro ea parte sollicitudinis in quam vocati sumus collatum revocabit a nobis ob ingratitudinem solus ipse beneficium ex quo jure apparebimus ingrati. proponitis nobis periculum ecclesie Roman, jacturam temporalium, periculum quidem nostrum & nostrorum nec fit mentio de periculo animarum: intentatis etiam comminatorum de recessu Domini nostri Regis quod absit a fidelitate ecclesie Roman. Absit inquam ut Domini nostri Regis unquam devotio & fides ob temporale commodum, vel incommodum, a fidelitate & reverentia Romane discedat ecclesie quum quidem criminale & damnabile esset in privato nedum in principe qui multos trahit secum & post se. Absit etiam quod quis ejus fidelis hoc unquam cogitare debeat nedum dicere supremus subjectus aliquis nedum episcopus videatque vestra discretio: ne oris vestri verba inficiant aliquem vel plures in anime sue dispendia & damnationem: ad instar calicis aurei qui dicitur Babilonius interius & exterius veneno illini: de quo cum quis biberit non time●t venenum cum viderit aurum: & sic in publicum veniat nostri operis effectus. Ille enim est qui non fallitur, opus furtivum producit in lucem & machinationes deludit iniquas. In tribulatione & sanguinis effusione consuevit ecclesia crescere & multiplicari: pr●prium est ecclesie ut nunc vincat, nunc leditur. tunc intelligat cum arguitur tunc obtineat cum des●ritur. Nolite ergo fratres super ipsam flere. sed super vosipsos qui facitis vobis nomen sed non grande ex hoc facto & dicto in ore omnium qui provocatis in vos odium Dei & universorum, qui paratis innocenti laqueum qui cuditis novas & ingeniosas rationes in subversionem libertatis ecclesie. Fratres p●r misericordiam Dei in vanum laboratis: stabit enim ipsi ecclesia etsi sepius concussa in ea fortitudine, & firmitate in qua firmita fundata est. donec veniat generale dicidium: donec ille filius perditionis surgat quem non credimus de partibus occumbentibus ascensurum: nisi perverse mutatus sit ordo rerum & series Scripturarum. Si vero de temporalibus agitur plus timere debemus jacturam anime, quam temporalium. Scriptura vero dicit. Quid prodest homini totum mundum lucrari: anime vero sue detrimentum sustinere. periculum itaque nostrum & nostrorum p●nitus abjicimus. Non enim timendus est ille qui corpus perdit, sed qui corpus & animam perdit. Arguitis nos super suspensi ne venerabilis fratris nostri Salesberiensis, & excommunicatione Johannis illius scismatici, ex Decani prius ut dicitis, inflicta pena aliter qu●m de cognitione proc●ssa legitime: quam de ordine judiciorum canonice prodita. Respondemus quoniam utrumque istorum justa notavit pene sententia, illum suspensionis, istum excommunicationis. Si perfecte tenetis negotii s●riem si recte attenditis judiciorum ordinem non erit ut credimus hec vestra sententia. hoc quidem habet auctoritas que vos latere non debet quam in manifestis, & notoriis, non desiderat ista cognitio: perpendite diligentius quid actum sit a Salesberiensi super Decanatum post Domini Pape prohibitionem, & nostram sub excommunicatione factam: & tunc rectius intelligetis si de manifesta inobedientia suspensio recte sequatur. Vnde beatus Clemens. Si prelatis suis non obedierint cujuscunque libet ordinis, universi omnesque principes tam inferioris quam superioris ordinis, atque reliqui populi non solum infames: sed etiam extorres a regno Dei & consortio fidelium & a liminibus Sancte Dei Ecclesie alieni erunt. De Johanne vero de Oxenfordia dicimus quod diversis modis excommunicantur diversi. Alii lege eos denunciante excommunicatos: alii sententia notati: alii ex communicatione et participatione excommunicatorum. Ille vero qui in heresim incidit damnatam communicando Scismaticis & a Domino Papa excommunicatis, reatum & maculam excommunicationis in se traxit, que pestis more lepre infixit & intingit, consimilique pena facientes confundit. Et quum contra Domini Pape mandatum, & nostrum expressum sub anathemate Decanatum Salesberiensem excommunicatus usurpavit; Denunciavimus, excommunicavimus & excommunicatum firmiter tenemus. Et quod per eum factum est in Decanatum, & super decanatum quassavimus & quassum tenemus, sicut Dominus Papa ipsemet jam quassavit, auctoritate octave Sinodi cujus hec est sententia. Si quis palam vel absconse excommunicato locutus fuerit aut junctus communione, statim in se traxit excommunicationis penam, & Consilium Carthaginense dicit. Qui communicaverit excommunicato si clericus est deponatur. Videat ergo discretio vestra ne quis vestrum cum eo communicaverit. Calixtus Papa dicit. Excommunicatos quosque a sacerdotibus nullus recipiat ante utriusque partis examinationem justam: nec tamen eye in oratione aut cibo aut potu aut osculo communicet aut ave eis dicat. Quia quicunque ex his vel aliis prohibitis excommunicatis scienter communicaverint juxta Apostolorum institutionem, simili & ipsi excommunicationi jacebunt, hic est ordo canonicus non canonibus ut credimus incognitus, scilicet auctoritate canonica sultus. Et ne miremini si quandoque condamnatur absens. Legite Paulum qui absens publice fornicantem cum noverca sua convictum testibus non confessum etiam absentem excommunicavit. cujus crimen omnes sciebant et non arguebant sicut vos istius quem non de jure defendit Regia potestas: ejecit a cetu fidelium, et judicavit eum tradi Sathane in interitum carnis ut spiritus ejus salvus fieret sicut nos istum. Ceterum quum hoc tempore in partibus illis multa hujus & satis gravia in absentia nostra fuerint enormia que de cetero licet absentes corpore presentes tamen auctoritate salva animi nostri conscientia preterire non debemus, nec possumus incorrecta tibi frater Londoniensis qui nosse debueras illud Gregorii septimi. Si quis episcopus fornicationi presbyterorum, Diaconorum; vel crimen incestus in sua parrochia pretio, precibusve, sine gratia interveniente consenserit: Vel commissum auctoritate officii sui non impugnaverit, a suo suspendatur officio. Illud quoque Leonis. Si qui episcopi talem consecraverint sacerdotem qualem esse non liceat. & si aliquo modo damnum proprii evaserint: ordinationis jus ulterius non habebunt: nec illi sacramento intererunt quod immerito prestiterunt. Quum in istorum sententia canonum sicut pro certo audivimus dupliciter deliquisti. mandamus tibi, & in virtute obedientie mandato injungimus: quatinus si ita est infra tres menses post nostrarum susceptionem litterarum, venerabilium fratrum nostrorum coepiscoporum consilio de tanto excessu. sic studeas te offere correctioni: & satisfactioni: ne ceteri in tuo, exemplo in consimile delictum incidant: & nos pro negligentia tua debeamus tibi severius proponere mandatum. opponit●s nobis contra metum gravaminum: non remedium per appellationem, sed impedimentum: quo minus sicut intelligimus exerceamus adversus malefactores, invasores bonorum ecclesiasticorum, discipline censuram ecclesice, ne in D●minum Regem nostrum vel terram suam in personas vestras & ecclesias vobis commissas aliquid statuamus eo ordine quo progressi sumus contra Salesberiensem sicut dicitis, & ejus decanum. Absit a nobis ut aliquid in eum vel t●rram suam in vos, & ecclesias vestras, inordinate statuimus vel statuamus. Sed quid est si eo delinquitis modo vel consimili, quo jam deliquit Salesberiensis: nunquid hac appellatione potestis suspendere auctoritatem nostram ne in vos vel ecclesias vestras severitatis disciplinam exerceamus: si delicti enormitas hoc exigit. Advertite diligentius si hec sit legitima appellatio. & que sit appellationis forma. Scimus quod omnis appellans: aut suo nomine appellat aut alieno. si suo: aut a gravamine quod ei infertur: vel quod timet sibi inferri. Certum tenemus quod nullum gravamen vobis, deo gratias, a nobis illatum est. unde debeatis ad appellationis confugere remedium. Nec credimus vos ad presens habere causam adversum nos aliquam que specialiter nostra sit. Si contra metum gravaminum ne quid de cetero statuam in vos vel ecclesias vestras. Videte si sit iste metus qui debeat venire in homines constantissimos. Si hec sit appellatio que debeat suspendere omnem auctoritatem & potestatem nostram quam habemus in vos, & ecclesias vestras. Creditur ergo a sapientibus: credimus & nos eam nullius momenti esse. tum quod formam appellationis habere non videtur. tum quod non est rationi consentanea, imo totius juris penitus auxilio destituta. Si alieno appellastis nomine aut Domini regis, aut alterius. Si non alterius, Domini Regis. Si Domini Regis certe nosse debuerat discretio vestra: quomodo introducte appellationes sunt ad propulsandam injuriam, non ad inferendam. vel ad sublevandos oppressos: non amplius opprimendos. Vnde si quis non confidentia juste cause, sed causa auferende more, ne contra eum feratur sententia appellaverit hujus appellationem non esse recipiendam. Quis enim erit ecclesie status subversa libertate, si rebus ejus occupatis & detentis: episcopis a sede propria expulsis vel non pacifice cum omni securitate omniumque ablatorum restitutione admissis. raptores invasores ne coherceantur licite appellaverint & se defenderint per appellationem. Q●e erit ista ecclesie destructio. Videte quid egeritis quidque dicatis. Nonne vicarii Christi estis? nonne vices ejus in terra geritis? nonne vestrum est corripere? cohercere malefactores: ut vel sic desistant ecclesi●m Dei persequi. Vt quid non minus est si ipsi sevierint in ecclesiam nisi & vos pro eis nobismetipsis & ecclesie in ejus perniciem opponatis. Quis unquam audivit hec mirabilia? Et audietur & predicabitur in omni populo, & gente, suffraganeos Cantuariensis ecclesie, qui cum Metropolitano suo ob defensionem ecclesie ejusque libertatis haberent vivere & mori: omniaque sustinere dispendia: velle ad mandatum regium quantum in ipsis est suspendere ipsius auctoritatem ne severitatis disciplinam exercent in delinquentes adversus ecclesiam: Vnum certe scio duorum personam simul gerere recte non potestis app●llantium & appell●torum. vos estis qui appellastis: vos estis adversus quos appellatur. Nonne una est ecclesia? & vos de corpore ejus estis. En certamen satis legitimum: satis canonicum: ut qui membra sunt ecclesie ineant certamen cum capite suo, quod est Christus. Timeo fratres ne (quod absit) dicatur de nobis. Isti sunt sacerdotes qui dixerunt ubi est Dominus: & tenentes legem nescierunt eam. Preterea discretionem vestram latere non credimus quomodo non solent audiri appellantes nisi quorum interest, aut quibus mandatum est. aut qui negotium gerunt alienum. Interest vestra ut non coherceantur delinquentes adversus ecclesiam. Absit immo certe contrarium. Si vero qui subvertit ecclesie libertatem, qui bona ipsius invadit & occupat: ac in suos convertit usus in sui defensionem minime super hoc auditur appellans, multo minus & pro eo appellans. Ergo ne Domino Regi suffragatur appellatio, a nobis pro Christo edita? ne vobis videtur prodesse pro ipso emissa. Unde sicut in hoc casu non potest appellare, nec mandare, sic nec vos super hoc mandatum ab ipso suscipere. Adicimus etiam vos in parte ista nullatenus negotium gerere posse, maxime in oppressione ecclesie cujus ipse defensor est. & presertim unde generaliter leditur ecclesie conditio. Ergo si nec interest vestra appellare nec super hoc mandatum valetis suscipere. nec alienum gerere negotium: non audiatur appellatio vestra. nec de jure tenetur: Estne ista Devotio vestra: consolatio fraterne Caritatis, affectus metropolitano vestro pro vobis omnibus exulanti, a fraternitate vestra exhibitus. Indulgeat vobis Deus hanc clementiam. An ignoratis fratres quod Chaos magnum inter fraudem legis & canonum, inter nos & vos confirmatum sit, ut non possit aliquis de nostris sine discriminis, vel captione, vel truncationis membrorum damno ad vos transire. Et si de nostris aliqui liberius possent, si vellent, ad nos transmeare: & idcirco miramur quem ordinem exigitis ubi nullus ordo circa nos. circa ecclesias vel ecclesiasticas personas, sed horror qui utinam sempiternus non sit, & injurie observentur cum spoliati sumus nostri. Quorum quidem tam clerici quam laici capti redempti sunt. post appellationem meam factam apud Northantoniam: & vestram adversum nos. etiam cum post istam quam dicitis appellationem, edictum generale sit propositum, sicut dicitur ut nemo de nostris sit inventus in tota terra Anglicana, nemo nostrorum vel aliorum amicorum vestrorum litteras vel nuncios audeat suscipere. Est hec reverentia appellationi debita exhibita, & observata: infra cujus tempus si justa est nihil innovari oportet. vosipsi videritis: Quo ergo jure, quo ordine desi●eratis a nobis litteras nostras & nuncios benigne suscipi & audiri. Non tamen hoc ideo dicimus, quod quicquam agatur vobiscum, & cum nostris, quod quicquam circa personam Domini Regis vel terram suam circa ecclesie personas nostras nunquam inordinate fecerimus vel per Dei misericordiam facturi sumus. Credebamus quidem si recte intelligitis si cupitis utiliter ecclesie subvenire, de minus ordinata & longa patientia, magis a vobis culpari quam de brevitatis mora commendari. Mora enim trahit ad se periculum: quod minus ordinata patientia plus habet remissionis, quam Commendationis. plus vitii quam virtutis. Et inde est quod vobis breviter dicimus & affirmamus constanter. Dominum nostrum Regem nullatenus injuste fore grabatum: si adversus eum a Domino Papa & a nobisipsis legitime litteris & nunciis sepissime satisfacere cum posset nolentem severitatis censura percusserit. Non enim injuste gravatur, quem jus punit legitime. Et ut omnia fine brevissimo concludam certum tenete, quomodo raptores, invasores, occupatores bonorum ecclesie, ejusque libertatis subversores nec tuetur juris auctoritas, nec appellatio defendit. Propterea fratres si cupitis ei prodesse prout justum est quod & nos cupimus, novit Dominus qui scrutator est cordium. illo procurante subvenire modo quo non offendatis in Deum non in Ecclesiam, non in ordinem nostrum, quatinus etiam expeditius & salubrius anime sue, periculum quod jam in foribus est valeat evadere. Hec idcirco dixerimus, si inspirante ei divina clementia, de consilio nostro satisfaceret ecclesie, gaudebit ipsa de filii sui reversione: ac cum gratiarum actione ac devotione multiplici parata fuit & est semper eum suscipere. gaudebimus & nos. judicium vero vestrum quo dicitis esse satisfacere volentem: paratum etiam satis dare: si super aliquo de libertatibus ecclesie inter ipsum & nos, sicut dicitis orta est contentio. quod quidem satis miramur. Si alicui vestrum hoc est indubium, cum toti mundo fere notum sit, quomodo non est consentaneum rationi, immo penitus & juri contrarium: si non suscipimus immo quod non suscipimus in quo delinquimus. ●stne causa ista sufficiens: estne peremptoria: quominus sepissime & canonice conventus non satisfaciens, injurias addens injuriis, severitate divina coerceatur. absit. Scimus enim nos nulla ratione in hac causa judicis officio inter ipsum & nos fungi posse: tum quod adversarii ejus estis, & esse debetis in ea ob defensionem libertatis ecclesie, cujus partis defendende, officii nostri necessitate commissa est nobis & sollicitudo credita. quam si negligenter omittitis: si periculose dissimulatis: vos ipsi videtis. tamen quia non legimus superiores ab inferioribus, metropolitanos maxime a suis suffraganeis judicari posse. tum quod nobis & ecclesie quidam vestrum suspecti sunt: utinam non omnes rationibus diversis quas in presenti tacemus. Audiat itaque Dominus meus postulationem fidelis sui: Consilium Episcopi: patris excommunicationem: ut benefaciat ei Deus & augeat dies suos & annos filiorum suorum in tempora longa. permittat ecclesiam frui pace, & libertate: sub ipso tanquam sub Rege Christianissimo, ecclesiam Romanam uti libertate, & jure, in terra sua quam habere debet, & habet in ceteris regnis. restituat Ecclesie Cantuariensi & nobis jura sua & libertates: omnia ablata cum omni pace & securitate nostra: ut libere & quiete possimus deo militare sub ipso, & ipse debeat obsequio nostro uti prout ei licuerit. Salvo honore dei, & ecclesie Romane, & ordine nostro. Iste sunt dignitates regie, leges optime, quas petere debet, & florere sub ipso ecclesia. Iste sunt leges obtemperantes legi divine, non derogantes, quas qui non observat inimicus constituitur. Lex enim Domini immaculata convertens animas. De legibus enim suis dicit Dominus. Leges meas Custodite. Propheta dicit. Ve qui condunt leges iniquas: & scribentes scripserunt injusticias ut opprimerent pauperes in judicio, & vim facerent cause humilium populi dei. Non erubescat ergo Dominus meus redire ad cor, & humiliari in cordis contritione, & humilitatis mansuetudine coram Domino satisfacere ei, & ecclesie sue, de illatis injuriis. Cor enim contritum & humiliatum Deus non despicit, sed amplectitur sinceriùs, sicut & Sanctus David: qui cum peccasset humiliavit se coram Domino. petivit misericordiam & obtinuit veniam. Sic & Rex Ninives & civitas tota cum interminata esset ei subversionis severitas quam in cinere & cilicio humiliavit se Domino. mutata sententia meruit ultionis censuram contritione cordis & compunctione lachrymarum redimere. Non hec fratres vobis scribimus ut facies vestras confundamus: sed ut lectis litteris nostris & intellectis valcatis, & velitis officii vestri necessitate fortius & validius exerceri. Optamus vos de cetero semper melius agere, ut sit nobis pax celebrior & libertas amplior Ecclesie. Orate pro nobis ut non deficiat in tribulatione ista, fides nostra: & securius possimus dicere cum Apostolo, neque mors, neque vita, neque angeli, neque creatura aliqua, poterit nos separare a Caritate Dei: qui subjecit nos tribulationi, donec veniat, qui venturus est, qui faciet nobiscum misericordiam suam, & inducet nos in terram promissionis: terram fluentem lacte & melle: quam non dabit nisi diligentibus se. Valete semper in Domino omnes: & instantius oret petimus pro nobis tota Anglicana ecclesia. Alexander Papa Rothomagensi Archiepiscopo & Lo. Nivernensi Episcopo. Quadrilog. lib. 5. QVoniam de nostre devotionis ac sinceritatis fervore, dilectione quoque, N. 57 maturitate, et prudentia nostra, plenam in omnibus spem fiduciamque tenemus: vos ad executionem pacis venerabilis fratris nostri Cantuariensis Archiepiscopi pre ceteris regni Francorum personis eligimus et ad Regem Anglorum per hoc duximus transmittendos. Vnde quod eundem Regem postmodum audivimus transfretasse, ne forte negotium Archiepiscopi possit impediri, quolibet modo sive protendi. fraternitati vestre per Apostolica scripta mandamus et in virtute obedientie injungimus: quatinus sicut gratiam beati Petri et nostram caram habetis, et nos, et ecclesiam Romanam sic de honestate, et constantia volueritis aliqua de cetero parte consid●re: ut in unum, pariter convenientes ad memoratum Regem eundem infra viginti dies post harum susceptionem literarum omni occasione, et dilatione postpositis iter arripiatis: et ad eum festinare curetis. Cum presentiam ejus habueritis: vosipsi ea quae vobis in aliis litteris expresserimus, sicut viros pontificalis constantie decet: omni dubitatione et timore semotis, instantissime proponatis, et eundem ad illarum executionem ex parte nostra studeatis modis omnibus invitare. Quod si Rex ea que nobis promisit, et maxime de integra possessionum restitutione & plena pace Archiepiscopo, & suis reddenda: ne● non ut super osculo velit esse contentus infra quadraginta dies post communionem nostram adimplere noluerit: aut arte aliqua, seu ingenio per se, vel per suos effecerit quo minus ad eum juxta preceptum nostrum possitis accedere. et ipsi ea que a nobis super his vestre sollicitudini sunt injuncta cum libertate et securitate proponere. Vos in totam terram ejus cismarinam auctoritate Beati Petri et nostra omni contradictione Appellationum remota interdicti sententiam proferatis. et in ea omnia divina preter baptismum parvulorum, & penitentiam morientium prohibeatis, officia celebrari, quomodo in litteris quos eidem regi direximus constat fuisse expressum. Litteras quoque nostras quas super observationem interdicti Archiepiscopis, et Episcopis, terre sue que citra mare consistit transmittimus eisdem omni occasione postposita destinetis, et ipsis ex parte vestra firmiter injungatis quod interdictum nostrum nullius timoris prohibitione, vel appellatione obstante, per parochias irrefragabiliter servent, ne contra hoc aliquo modo presumant venire. Quod si aliquis Archiepiscopus vel episcopus vel al qua persona interdictum nostrum observare contempserit, vos eum ab officii sui executione, sublato appellationis remedio, suspendetis, si nec sic resipuerit, in eum excommunicationis sententiam promulgetis. Supradicto vero regi preterea que scripta sunt viva voce vel litteris nostris constantissime proponatis; quod si nec sic resipuerit persone sue, sicut nec Friderico regi, Imperatori dicto, fecimus nequaquam parcemus. Sed in eum excommunicationis sententiam proferemus. Volumus autem, et sub obtentu gratie dei injungimus vobis districte, ut in his, que vobis precipimus exequenda: omnem quam convenit & oportet diligentiam et studium habeatis: et si uterque vestrum adesse non poterit vel noluerit, quod tamen non credimus, nec conveniens aut tolerabile esset, alter non minus ea que dicta sunt omni dubitatione et timore sublato jus adimpleat. Datum 6 idus Maii. Alexander Papa servus servorum Dei Archiepiscopo Eboracensi & universis Episcopis Angliae Salutem & Apostolicam benedictionem. ILlius dignitatis & Majoritatis Ecclesiam Cantuariensem ab antiquo fuisse audivimus, Quadrilog lib. 5. ut Reges Angliae ab ejusdem ecclesiae Archiepiscopis N. inungi consueverunt & promotionis sue principio coronari● proinde si quid est quod nos cum ex officii nostri debito, tamen ex consideratione venerabilis fratris nostri Thomae ejusdem sedis Archiepiscopi, viri siquidem religiosi, honesti, & discreti, ecclesiae jam dictae jura, & dignitates antiquas, illibatas, & integras, conservare volentis, universitati vestre, auctoritate Apostolica penitus inhibemus ne quisquam vestrum novo Regi coronando si sorte hic casus emerserit, absque memorati Archiepiscopi, vel successorum suorum, & ecclesiae Cantuariensis convenientia, contra antiquam ejus consuetudinem, & dignitatem manum apponere quali occasione presumat, aut id aliquatenus audeat attentare. Datum Lateranis 4 Non. Aprilis. Epistola Alexandri Papae ad Rogerum Eboracensem Archiepiscopum & Hugonem Dunelmensem episcopum. ALexander Episcopus servus servorum Dei venerabilibus fratribus Rogero Eboracensi Archiepiscopo, Hoved. f. a● b. n. 50. & Hugoni Dunelmensi episcopo N. Salutem & Apostolicam benedictionem. Licet nobis commendabiles, & grati in pluribus existatis, & sincere vos complectamur brachiis charitatis: propter hoc tamen non debemus omittere, quin ea quae perpetrata sunt, & incorrecta, generant mortem, & requiramus in vobis, & zelo rectitudinis corrigamus: dicente Domino per Prophetam, Si loquente me ad impium, morte morieris, nisi annunciaveris ei, neque locutus fueris, ipse quidem in peccato suo morietur, sanguinem autem ejus de manu tua requiram. Depressio siquidem Anglicanae Ecclesiae, & diminutio libertatis illius, quae per Regem vestrum, sive proprio motu, sive potius aliis suggerentibus facta dignoscitur, plurimum jampridem animum nostrum afflixit, & non modicum nobis sollicitudinis, & doloris ingessit. Cum enim oportuerit eum de corrigendis his, quae ab antecessoribus suis male commissa fuerant, cogitare: ipse potius prevaricationibus prevaricationes adjiciens, tam iniqua constituta sub regiae dignitatis obtentu, et posuit et sirmavit. Sub quibus & libertas perit ecclesiae, & Apostolicorum virorum statuta, quantum in eo est, sub robore vacuantur. Nec credidit debere sufficere, si sub eo divinae leges in regno Angliae silentium & vacationem acciperent, nisi peccatum transmitteret ad haeredes, & longo tempore faceret suum regnum sine Ephod, & sine superhumerali sedere. Ind fuit quod illas iniquas usurpationes, absque ulla exceptione, vestro, & aliorum fratrum, & coepiscoporum nostrorum juramento, f●cerit firmare, & plectendo judicavit, ut hostem, quicunque vellet ab iniquis illis constit●tionibus dissentire. Indicat hoc venerabilis fratris nostri Thomae Cantuariensis Archiepiscopi exilium. Demonstrat et hoc clericorum et consanguineorum ejus, illorum etiam, qui adhuc pendentes ab uberibus matris, vagiebant in cunis, miseranda proscriptio. Et metus mortis incutitur, si ad hoc cujusque animus erigatur, ut contra statuta illa divinis velit legibus obedire. Nos ipsi, quorum judicio, praevaricationes illae corrigendae fuerant, aut plectendae, ad confirmationem illarum sub occasione temporis impacati multa fuimus instantia provocati. Et laboratum est apud nos exactione non modica, ut usurpationibus illis, cum nondum nobis expressae fuissent, auctoritatis conferremus Apostolicae confirmationem. Et hoc quidem a principio. Processu vero temporis exulante pro debito pastoralis officii jam dicto Archiepiscopo, & consuetum Romanae Ecclesiae subsidium ab officio nostro saepius requirente: misimus ad jam dictum Regem de melioribus & majoribus fratribus nostris, misimus & alias ecclesiasticas personas, & putavimus quod duritia ejus in nostra humilitate & mansuetudine frangeretur: & sieret, quod Salomon dicit, Patientia lenietur princeps: & lingua mollis frangit iram. Ipse vero sufferentiam nostram multiplici legatorum arte deludens, usque adeo contra monita nostra videtur animum obdurasse, ut nec contra praenominatum Archiepiscopum deferveat, nec de perversis statutis illis quicquam minui patiatur: immo & ipsam Cantuariensem Ecclesiam plurimo detrimento possessionum suarum afficiat, & in ipso eam ecclesiastico ministerio antiqua spoliaverat dignitate. Nuper enim cum filium suum coronari voluerit, contempto eodem Archiepiscopo, ad cujus hoc officium de antiquo jure dicitur pertinere, per manum tuam, frater Archiepiscopus ei in aliena provincia diadema regni fecit imponi. In Coronatione autem illius, nulla ex more de conservanda ecclesiae libertate cautio est praestita, vel sicut aiunt exacta: sed juramento potius asseritur confirmatum, ut regni consuetudines, quas avitas di cunt, sub quibus dignitas periclitatur ecclesiae, illibatas debeat omni tempore conservare. In quo etsi multum praenominati regis nos vehementia conturbat: amplius tamen de vestra & aliorum coepiscoporum nostrorum possumus infirmitate moveri, qui, quod dolentes dicimus, facti sicut arietes non habentes cornua, abiistis absque fortitudine ante faciem subsequentis. Et si enim hoc tibi licere forte (frater Archiepiscope) in propria provincia potuisset, quomodo tamen hoc in provincia aliena, & illius praecipue, qui exulare pro justitia, & fere solus exire, & dare gloriam Deo, tibi licuerit, nec de ratione possumus, nec de Sanctorum patrum constitutionibus invenire. Quod si ad excusationem tantae pravaricationis quisquam objiciat in aliis quoque regnis, gravia plurima & enormia perpetrari: in veritate possumus respondere, quod nullum adhuc regnum in tantum divinae legis contemptum invenimus corruisse, ut scriptis & juramentis episcoporum tam manifestas enormitates fecerit communiri; nisi quisquam illud impudenter alleget, quod Scismati postmodum a fidelium communione praecisi inaudita, & damnabili superbia commiserunt. Vnde quia juxta verbum Prophetae, in vobis factum est perversum, quid ultra omnes alias provincias, in usurpationibus suis, & post tam iniquas consuetudines juramento firmatas, non adjecistis resumere scutum fidei, ut staretis in Domo Domini in die praelii: sed posuistis corpus vestrum in terram, ut per vos fieret via transeunti. Et ne si diutius tacuerimus una vobiscum in die judicii damnationis sententia involvamur, auctoritate Sacrosanctae Romanae, cui auctore Domino ministramus Ecclesiae, ob omni officio episcopali vos suspendimus dignitatis; sperantes quod sub disciplina saltem, & paterno verbere constituti redire tandem ad cor, & de tuenda de beatis Ecclesiae libertatis satagere. Si vero nec sic zelum Episcopalis officii resumpseritis, nos adhuc auctore Domino, quod vobis imminet faciemus. Vos videle, ne illud vobis dicatur, quod cuidam dictum per Prophetam dicitur, Quiae tu sanctam repulisti, repellam te, ne sacerdotio fungaris mihi. Nos enim quia locum illius tenere, Deo prout ipsi placuit disponente, conspicimur, qui a praedicatione verbi Dei, nec verberibus poterat, nec vinculis coerceri: non debemus sub ambigua expectatione pacis creditam nobis divini verbi pecuniam in sudario reponere, & alligatam eam tamdiu conservare, donec paulatim lucrandi hora occurrat, & creditor veniens de reddenda acerbe nos conveniat ratione. Henricus Rex Anglorum Henrico filio suo Regi Anglorum Salutem. SCiatis quod Thomas Archiepiscopus Cantuariensis pacem mecum fecerit ad voluntatem meam: Quadril● lib. 5. & ideo praecipio ut ipse & sui pacem N. habeant & faciatis habere ei, & suis, qui pro eo exierunt de Anglia omnes res suas bene, & in pace, & honorifice, sicut habuerunt, tribus mensibus antequam ipse exiret de Anglia: & faciatis venire coram vobis de melioribus et antiquioribus militibus, de honore de Salwde. & eorum Sacramento faciatis recognosci quid ibi habetur de feudo Archiepiscopatus Cantuarie: & quod recognitum fuerit esse de feudo ejus: ipsi Archiepiscopo habere faciatis. Teste Retroto Archiepiscopo Rothomagensi. Purgatio Henrici Regis pro morte Beati Thomae. Hoved. f. 302. b. n. 40. HEnricus Rex Angliae pater, & Henricus Rex filius ejus, & Rotrodus Rothomagensis Archiepiscopus, & omnes Episcopi & Abbates N. 61 Normanniae convenerunt apud Abrincam civitatem, in praesentia Theodini & Alberti Cardinalium. In quorum audientia Rex Angliae pater, quinto Kalendarum Octobris, feria quarta, festo Sanctorum Cosmae & Damiani Martyrum, in ecclesia Sancti Andreae Apostoli purgavit innocentiam suam, coram praedictis Cardinalibus & omni clero & populo, praestito Sacramento, super Sanctorum reliquias, & super Sacrosancta evangelia, quod ipse nec praecepit, nec voluit, quod Archiepiscopus Cantuariensis occideretur: & quando audivit vehementer inde doluit. Sed quia malefactores illos, qui sanctae memoriae Thomam Cantuariensem Archiepiscopum occiderunt, habere non poterat, & quia timebat ipsos illud profanum opus impetrasse causa animi motus et turbationis, quam in eo viderant de satisfactione tale praestitit Sacramentum. juravit itaque inprimis quod ab Alexandro summo Pontifice, et catholicis successoribus ejus non recederet, quamdiu ipsum sicut regem Catholicum habuerint. Juravit etiam quod neque appellationes impediret, neque impediri permi●teret, quin libere fierent in regno suo ad Romanum Pontificem, in ecclesiasticis causis, ita tamen, ut si ei suspecti fuerint aliqui, securitatem faciant, quod malum suum, vel regni sui non quaerant. Juravit etiam quod ab instante nativitatis Domini, usque in triennium crucem accipiet, & in proxima sequenti aestate in propria persona jerosolymam iturus nisi remanserit per Alexandrum summum Pontificem, vel per catholicos successores ejus. Sed si interim pro urgente necessitate in Hispaniam super Saracenos profectus fuisset, quantum temporis in illo itinere consummaret, tantundem Jerosolymitanae Spacium profectionis posset prolongare. Praeterea juravit, quod interim tantum pecuniae dabit Templariis, quantum ad arbitrium fratrum Templi possit sufficere ad retinendum ducentos milites, ad defensionem terrae Jerosolymitanae per spacium unius anni. Praeterea perdonavit iram & malevolentiam suam omnibus tam clericis quam laicis, qui pro Sancto Thoma erant in exilio. Et concessit eis libere & in pace ad propria redire. Juravit etiam quod possessiones Cantuariensis Ecclesiae, si quae ablatae sunt, in integrum restituet, sicut habuit uno anno antequam ab Anglia egrederetur beatus Thomas Cantuarienfis Archiepiscopus. juravit etiam quod consuetudines, quae inductae sunt contra ecclesias terrae suae in tempore suo, penitus dimittet.. Et haec omnia juravit se fore observaturum bona fide & sine malo ingenio. Fecit etiam Henricum Regem filium suum haec omnia capitula jurare tenenda: praeter illa quae propriam ejus personam contingebant. Et ut haec in memoria Romanae ecclesiae haberentur, rex pater fecit apponi sigillum suum scripto illi, in quo supradicta capitula continebantur, una cum sigillis praedictorum Cardinalium. Charta absolutionis Domini Regis. HEnrico Dei gratia illustri Regi Anglorum, Ibidem, f. 303, a. n. 30. Albertus tituli Sancti Laurentii in Lucinia, & Theodinus tituli Sancti Vitalis Presbyteri N. 62 Cardinals Apostolicae sedis legati, salutem in co, qui dat salutem regibus. Ne in dubium veniant, quae geruntur & usus habet, & communis consideratio utilitatis exposcit, ut scripturae serie debeant annotari. Ind quidem est quod nos mandatum illud in scriptum duximus redigendum, quod vobis pro eo facimus, quia malefactores illos, qui Sanctae memoriae Thomam quondam Cantuariensem Archiepiscopum occiderunt, occasione motus & turbationis, quam viderant in vobis, ad illus facinus processisse timetis. Super quo tamen facto purgationem in praesentia nostra de voluntate propria praestitistis, quod videlicet nec praecepistis nec voluistis ut occideretur. Et quando pervenit ad vos plurimum condoluistis. Ab instanti festo Pentecostes usque ad annum, tantam dabitis pecuniam, unde ad arbitrium fratrum templi ducenti milites valeant ad defensionem terrae Jerosolymitanae, per spacium unius anni teneri. Vos autem a sequenti natalis Domini, usque ad triennium accipietis crucem, proxima tunc aestate illuc in propria persona, ducente Domino, profecturi, nisi remanseritis per dominum Papam, vel catholicos successores ejus. Sane si contra Sarracenos pro urgente necessitate in Hispaniam profecti fueritis, quantum temporis fuerit, ex quo arripueritis iter, tantundem supradictum spacium Jerosolymitanae profectionis poteritis prolongare. Appellationes nec impedietis, nec impediri permittetis, quin libere fiant in ecclesiasticis causis ad Romanum Pontificem bona fide & absque fraude, & malo ingenio, ut per Romanum Pomisicem causae tractentur, & consequantur effectum suum: sic tamen, ut si vobis suspecti fuerint aliqui, quod malum vestrum vel regni vestri non quaerunt; consuetudines, quae inductae sunt contra ecclesias terrae vestrae in tempore vestro penitus dimittens. Possessiones Cantuariensis ecclesiae, si quae ablatae sunt, in plenum restituetis, sicut habuit uno anno, antequam Archiepiscopus de Anglia egrederetur. Clericis praeterea & laicis utriusque sexus pacem vestram in gratiam & possessiones suas restit●etis: qui occasione praenominati Archiepiscopi destituti fuerunt. Haec autem vobis, authoritate Domini Papae, in rem stionem peccatorum vestrorum injungimus & praecipimus observare, absque fraude & malo ingenio. Hoc sane coram multitudine personarum juravistis vos pro divina reverentia Majestatis. Juravit & filius vester, excepto eo, quod personam vestram specialiter contingebat. Et jurastis ambo, quod a Papa Domino Alexandro & catholicis successoribus ejus, quamdiu vos sicut antecessores vestros; & catholicos regis habuerint, minime recedetis. Atque ut in memoria Romanae ecclesiae firmiter habeatur sigillum vestrum praecepistis apponi. Decreta per Theodinum & Albertum Cardinales apud Abrincas promulgata. Ibidem, f. 304. a. n. 10. 1. PVeri ad Regimen illarum Ecclesiarum & ad illa administranda, N. 63 in quibus cura est animarum, minime admittantur. 2. Item filii Sacerdotum non ponantur in Ecclesiis patrum suorum. 3. Item laici partem oblationum in Ecclesia non percipiant. 4. Item Ecclesiae Vicariis annuis non committantur. 5. Item Sacerdotes majorum Ecclesiarum, quibus ad hoc suppetunt facultates, alium sub se Presbyterum cogantur habere. 6. Item Sacerdotes non ordinentur sine certo titulo. 7. Item Ecclesiae ad firmam annuam non tradantur. 8. Item de tertia parte decimarum nihil Presbytero, qui servit ecclesiae, auferatur. 9 Item his, qui Decimas haereditario jure tenent, licentia sit cui voluerint idoneo clerico dare, eo quidem tenore, ut post eum, ad ecclesiam, cui de jure competunt revertantur. 10. Vir ad religionem non transeat, uxore in seculo remanente, vel è converso, nisi ambo vacandi operibus carnis tempus excesserint. 11. Item in adventu Domini, omnibus qui poterunt, maxime autem Clericis & militibus, jejunium & abstinentia carnium indicatur. 12. Item Clerici Judaei non ponantur ad jurisdictiones secularium potestatum administrandas: qui autem hoc praesumpserint, a beneficiis ecclesiasticis arceantur. 13. Item de novis libris excommunicatorum, & rebus morientium quas auferunt Sacerdotes, & benedictionibus sponsarum, & baptismo, & de quadraginta & octo libris, quae pro absolutione excommunicatorum exiguntur, nihil perfectum est, quia Episcopi Normanniae illud decretum recipere noluerunt. Littera Alexandri Papae de canonisatione beati Thomae Martyris. ALexander Papa capitulo Cantuariensis Ecclesie. Rad. de Diceto Col. 569. n. 10. Quadrilog. lib. 4. Gaudendum est universitati fidelium de mirabilibus illius Sancti & reverendi viri Thomae quondam Archiepiscopi vestri. Sed vos exinde tanto ampliori gandio et exultatione debetis repleri, quanto ipsius miracula occulta fide saepius intuemini, et ejus sacratissimo corpore ecclesia vestra spiritualiùs N. 64 meruit illustrari. Nos autem considerata gloria meritorum ejus quibus in vita sua magnanimiter claruit, et de mirabilibus ejus non solum communi et celebri fama, sed et dilectorum nostrorum filiorum Alberti tituli: Sancti Laurentii, et Theodini tituli Sancti Vitalis Presbyterorum cardinalium Apostolicae sedis Legatorum: et aliarum plurium personarum testimonio certitudinem plenam habentes: praefatum Archiepiscopum in capite jejunii, multitudine clericorum et laycorum praesente in ecclesia, deliberato cum fratribus nostris consilio, solenniter canonizavimus, eumque decrevimus Sanctorum Martyrum collegio annumerandum; vobis et universitati fidelium de Anglia Apostolica auctoritate mandantes ut natali eje● die quo vitam suam gloriosa passione finivit, annis singulis cum veneratione debita celebretis. Quum igitur dignum est et nobis plurimum expedit ut Santum corpus ejus cum ea qua decet reverentia, et honore condatur, discretioni vestrae per Apostolica scriptae mandamus, quatinus devotè et reverenter corpus ejus facta solenni processione, aliquo solenni die congregato clero et populo, in altari honorifice recondatis: aut ipsum in aliqua capsa decenti ponentes prout convenit elevetis in altum * ⁎* Et aput eum Rad. de Diceto ut supra n. 50. Votivis Orationibus satagatis, veniam peccatorum promereri. ut qui pro Chris●o in vita Exilium, et in Morte, virturis Constantia, Martyrium pertulit; Fidelium jugi Supplicatione pulsatus, pro nobis apud Deum intercedat. Dat. S●goniae 3 Idus Martii. Thus ends this Brief in Ralph de Diceto, and this is the difference between the two Copies in him, and Quadrilogus; A. D. 1173. which last in the same place hath an Epistle from the Pope of the same Tenor, to all Bishops of the Christian Church, directing and commanding the same things. et patrocinio ejus pro salute fidelium et pace universalis ecclesiae satagatis apud Dominum, vestris piis orationibus impetrare. De anno Jubilaeo apud Cantuariam, out of the City Chamber Book. Somner as cited in the Margin. Somner's Antiquities of Canturbury, p. 248. MEmorandum quòd anno ab incarnatione Domini 1420. & anno Regni illustrissimi Regis & Principis Henrici 5. a conquestu Angliae octavo, tempore Willielmi Bennet & Willielmi Ickham tunc N. 65 Balivorum Cantuariae, Henrici Chichele tunc Archiepiscopi Sedis Cantuariae, & johannis Woodnesverwe ad tunc Prioris ecclesiae Christi Cantuariae, die Dominica in festo translationis Sancti Thomae Martyris extitit apud Cantuariam annus Jubileus in Ecclesia Christi Cantuariae, qui tunc extiterat sextus annus Jubileus a translatione praedicti Thomae Martyris gloriosi. Cujus quidem Jubilei Solemnizatio incepit ad horam duodecimam in vigilia dicti festi, & continuavit per 15 dies continuos proximo & immediate sequentes; quo tempore idem Rex & princeps illustrissimus fuit in Francia cum suo honorabili exercitu ab obsedionem villae Millon quae distat a Civitate Parisiensi triginta milliaria. Qui quidem vero Ballivi praelibati universaliter praeceperunt Civibus Civitatis illius sufficientiam domorum ad herbigandum & ad hospitandum populum ad tunc pro salute animarum suarum adipiscenda venturum, divina gratia suffragante, tam infra Civitatem prae●ctam, quam infra suburbia Civitatis ejusdem habentibus, quod essent parati in lectis & aliis populo praedicto necessariis: Ac etiam praeceperunt universis vitellariis dictae Civitatis, viz. Tabernariis, Pandoxatoribus, Pistoribus, Carnificibus, Piscinariis, Cocis & hospitatoribus quòd ordinarent contra tempus praedictum victualia populo praedicto tunc suffectura, qui quidem populus ut aestimabatur ad tunc attingebant a● numerum Centum millia hominum & mulierum tam Angliginentium quam alieniginentium exterorum, viz. H●bernicorum, Wallicorum, Scotticorum, Francorum, Normannorum, Garnisientium & Gernisientium, ad eandem Civitatem, pro gratia praedicta habenda ad tunc affluentium, pace vero et tranquillitate inter populum praedictum opitulatione Dei omnipotentis suaeque gloriosissimae gen●tricis Dei Mariae, precibus quoque gloriosi Martyris Thomae sociorumque ejus sanctorum Curiae Celestis, veniendo, morando & redeundo, toto tempore Jubilei illius habitis & optentis. Qui quidem vitellarii ordinarunt victualia pro populo praedicto co piosa, ita quod lagena vini rubii de Vasconia tunc vendebatur ad octo denarios, et lagena vini albi ad sex denarios, et duo panes levati vendebantur ad unum denarium, et omnia alia victualia, Domino disponente, de bono foro extiterunt; per quae Civitas praedicta & totus Comitatus Kanciae exinde per totam Angliam favente altissimo magnum & diutinum revera optinuerunt honorem. Thomas Chirch fecit et scripsit, et ad hoc per plenam Curiam de Burgemoto, tam per Ballivos, Aldermannos, xii Juratos, cum xxxvi hominibus in numero consueto, specialiter requisitus fuerat, & in forma praedicta redegit in scriptis. SI quis Sacerdos vel clericus, in sacris ordinibus constitutus, Hoved f. 310. a. n. 50. ecclesiam vel ecclesiasticum beneficium hab●ns publice fornicariam habeat, & semel, secundo, & tertio commonitus fornicariam suam non dimiserit, N. 66 & a se prorsus non expulerit, sed potius in immunditia sua duxerit persistendum; omni officio & beneficio ecclesiastico spolietur. Ex Decretali Epistola Alexandri Papae tertii ad Rogerum Wigorn. Episcopum. Si qui vero infra subdiaconatum constituti matrimonia contraxerint; ab uxoribus suis nisi de communi consensu ad religionem transire voluerint, & ibi in Dei servitio jugiter permanere, nullatenus separentur: sed cum uxoribus viventes ecclesiastica beneficia nullo modo percipiant. Qui autem in subdiaconatu vel supra ad matrimonia convolaverint, mulieres etiam invitas & renitentes relinquant. Decrevimus etiam ejusdem epistolae auctoritate, ne filii sacerdotum in paternis ecclesiis a modo personae instituantur, nec eas qualibet occasione media non intercedente persona obtineant. Clerici in sacris ordinibus constituti, Ex Concil. 3 Provincial. Carthagin. Can. 27. edendi vel bibendi causa tabernas non ingrediantur, nec publicis potationibus intersint, nisi peregrinationis necessitate compulsi. Si quis vero tale quid fecerit, aut cesset aut deponatur. His qui in sacris ordinibus constituti sunt judicium sanguinis agitare non licet. Ex Concil. Toletano, 3 Can. 3. Unde prohibemus ne aut per se membrorum truncationes faciant, aut inferendas indicent. Quod si quis tale fecerit, concessi ordinis privetur officio & loco. Inhibemus etiam sub interminatione Anathematis, ne quis Sacerdos habeat Vicecomitatum, aut praepositi secularis officium. Clerici qui comam nutriunt, Ex Concil. Agathensi▪ Can. 20. A. D. 506. ab archidiacono etiam inviti tondeantur. Vestimentis etiam vel calceamentis, nisi quae honestatem & religionem deceant, eos uti non liceat. Si quis autem contra hoc fac●re praesumpserit, & commonitus emendare noluerit, excommunicationi subjaceat. Quia quidam clerici desperantes ab episcopis suis ordinari, Ex Diversis Decretis Urban. Innocentii. & Concil. Chalcedon & carthaginian. vel propter impe●i●iam, vel vitae incontinentiam, vel Nativitatis conditionem, aut tituli defectum, aut aetatem minorem, extra provinciam suam, interdum etiam a transmarinis Episcopis ordinantur, vel ordinatos se mentiuntur, ignota sigilla episcopis suis deferentes: Statuimus talium ordinationem irritam esse habendam: sub interminatione anathematis inhibentes, ne a quoquam ad officii sui executionem suscipiantur. Episcopum quoque nostrae Jurisdictionis, qui talem sciens & prudens ordinaverit vel susceperit ab illius ordinis collatione ad quem eum ordinavit vel suscepit, usque ad condignam satisfactionem se noverit esse suspensum. Item: Cum Ecclesia Dei, secundum evangelicam veritatem, domus orationis esse d●beat, & non Spelunca latronum, & sanguinis forum: seculares causas, in quibus de sanguinis effusione vel de poena corporali agitur in ecclesiis vel in coemiteriis agitari, sub interminatione anathematis. Absurdum enim est & crudele, ibi sanguinis judicium exerceri, ubi et reis constituta est tutela refugii. Dictum est, Ex Concilio Tiburiensi▪ Can. 16. A.D. 895. solere in quibusdam locis pro perceptione Chrismatis nummos dari: Similiter pro baptismo & communione. Haec Symoniacae haeresis esse detestata est Sancta Synodus, & anathematizavit. Statuimus ergo ut de caetero nec pro ordinatione, nec pro Chrismate, nec pro baptismo, nec pro extrema unctione, nec pro Sepultura, nec pro communione, nec pro dedicatione, quicquam exigatur: sed gratis dona Christi gratuita dispensatione donentur. Si quis contra hoc facere praesumpserit anathema sit. Ex Decreto U●ban. Papae. Nullus Praelatus, in recipiendo Monacho, vel Canonico, vel sanctimoniali pretium sumere, vel exigere ab his, qui ad conversationem veniunt, aliqua pacti occasione praesumat. Si quis autem hoc fecerit anathema sit. Decretum novum. Nulli liceat ecclesiam nomine Dotalicii ad aliquem transferre, vel pro praesentatione alicujus personae pecuniam, vel aliquod emolumentum pacto interveniente accipere. Quod si quis fecerit, & inde in jure vel confessus vel convictus fuerit, ipsum, tam regia quam nostra freti auctoritate, patrocinio ejusdem ecclesiae in perpetuum privari statuimus. Ex Decretis Patrum. Secundum instituta patrum nostrorum sub interminatione anathematis prohibemus ne monachi vel clerici causa lucri negotientur: & ne monachi a clericis vel laicis firmas teneant, neque laici ecclesiastica beneficia ad firmas suscipiant. Ex Concilio Meldensi. Quicunque ex clero videntur esse, arma non sumant, nec armati incedant: sed professionis suae vocabulum religiosis moribus ex religioso habitu praebeant. Quod si contempserint, tanquam sacrorum Canonum contemptores, & ecclesiasticae auctoritatis prophanatores, proprii gradus amissione multentur: quia non possunt simul Deo & seculo militare. Ex Decreto Alexand. Papae tertii Episcop. Norwicen. Misso. Illud etiam de Vicariis, qui personis fide & Sacramento obligati sunt, duximus statuendum, quod si fide vel Sacramenti religione contempta personatum sibi falsò assumentes contra personas se erexerunt, super hoc in jure vel confessi vel convicti fuerint, de caetero in eodem Episcopatu ad officii sui executionem non admittantur. Ex Concilio Rothamagensi Omnes decimae terrae, sive de frugibus, sive de fructibus, Domini sunt, & illi sanctificantur. Sed quia multi modo inveniuntur decimas dare nolentes: statuimus ut juxta Domini Papae praecepta admoneantur semel, secundo, & tertio, ut de grano, de vino, de fructibus arborum, de foetibus animalium, de lana, de agnis, de butyro, & caseo, de lino, & canabe, & de reliquis quae annuatim renovantur, decimas integre persolvant▪ quod si commoniti non emendaverint anathemati se noverint subjacere. Item. Calumniam & audaciam temere litigantium condemnando in expensas & alio multiplici remedio imperialis sanctio compescat. Quoniam igitur hoc sacris institutis consonare dignoscitur: praecipimus ut de caetero in causis pecuniariis, quae inter clericos agitabuntur, victus victori condemnetur in expensis. Qui autem solvendo non fuerit, eum in arbitrio episcopi sui puniendum relinquo. Ex Decreto Pelagii Papae. Invenimus tantum decem praefationes in sacro Catalogo recipiendas: unam in Albis Paschalibus. Et te quidem omni tempore. Secundam in die Ascensionis. Qui post resurrectionem. Tertiam in Pentecoste. Qui ascendens super omnes coelos. Quartam de natali. Quia per incarnati verbi mysterium. Quintam de apparitione Domini. Quia cum unigenitus tuus. Sextam de Apostolis. Et te Domine suppliciter exorare. S●ptimam de Sancta Trinitate. Qui cum unigenito tuo. Octavam de cruce. Qui salutem humani generis. Nonam de jejunio quadragesimali tantummodo dicendam. Qui corporali jejunio. Decimam de Beata Virgine. Et te in veneratione beatae Mariae. Hujus igitur decreti & domini Papae Alexandri auctoritate districte praecipimus, ne quis praefatis praefationibus aliquam omnino praesumat adjicere. Inhibemus ne quis quasi pro complemento communionis intinctam alicui eucharistiam tradat. Ex Decreto Julii Papae. Nam intinctum panem aliis Christum praebuisse non legimus, excepto illo tantum discipulo, quem intincta buccella magistri proditorem ostenderit, non quae sacramenti hujus institutionem signaret. Praecipimus ne consecraretur eucharistia, Ex Concillo Remensi. nisi in calice aureo vel argenteo, & ne stanneum calicem aliquis episcopus a modo benedicat, interdicimus. Nullus fidelis cujusque conditionis sit occultè nuptias faciat, Ex Decreto Hormisdae Papae. sed benedictione accepta a sacerdote publice nubat in Domino. Si quis ergo sacerdos aliquos occultè conjunxisse inventus fuerit, triennio ab officio suspendatur. Vbi non est consensus utriusque non est conjugium, Ex Decreto Nicholai primi Papae, Tit. 18. de Matrimonio. ergo qui pueris dant puellas in cunabulis nihil faciunt, nisi uterque puerorum postquam venerint ad tempus discretionis consentiat. Hujus ergo decreti auctoritate inhibemus, ne de caetero aliqui, quorum uterque vel alter, ad aetatem legibus constitutam & canonibus determinatam non pervenit, conjungantur: nisi forte aliquando urgente necessitate interveniente, pr● bono pacis conjunctio talis toleretur. WIllielmus Rex Scotiae devenit homo ligius domini regis contra omnes homines de Scotia, & de omnibus aliis terris suis: Hoved. f. 311. b. n. 40. & fidelitatem ei fecit ut ligio Domino suo, sicut alii homines sui ipsi N. 67 facere solent. Similiter fecit homagium Henrico Regi filio suo, In the History f. 324. D. this Agreement is referred to in Number 36. by mistake. salva fide Domini Regis patris sui. Omnes vero Episcopi, Abbates, & clerus terrae regis Scotiae & Successores sui facient Domino Regi sicut ligio Domino fidelitatem, de quibus habere voluerit, sicut alii Episcopi sui ipsi facere solent, & Henrico Regi filio suo & haeredibus eorum. Concessit autem Rex Scotiae, & David frater ejus, & Barones, et alii homines sui Domino Regi, quòd Ecclesia Scotiae talem Subjectionem a modo faciet Ecclesiae Angliae, qualem illi facere debet, et solebat tempore Regum Angliae praedecessorum suorum. Similiter Richardus Episcopus Sancti Andreae, & Richardus Episcopus de Dunkelden, et Gaufridus Abbas de Dunfirmelin, et Herbertus Prior de Coldingham, concesserunt ut etiam Ecclesia Anglicana illud habeat jus in Ecclesia Scotiae, quod de jure debet habere, et quod ipsi non erunt contra jus Anglicanae Ecclesiae. Et de hac concessione, sicut quando ligiam fidelitatem Domino Regi et Henrico filio suo fecerunt, ita eos inde assecuraverunt. Hoc idem facient alii Episcopi, et Clerus Scotiae, per conventionem inter Dominum Regem et Regem Scotiae, et David fratrem suum, et Barones suos factam. Comites etiam et Barones et alii homines de terra Regis Scotiae, de quibus Dominus Rex habere voluerit, facient et homagium contra omnem hominem, et fidelitatem ut ligio Domino suo, sicut alii homines sui facere ei solent, et Henrico Regi filio suo, et haeredibus suis, salva side Domini Regis patris sui. Simil●ter haeredes Regis Scotiae et baronum et hominum suorum homag um et ligantiam facient haeredibus Domini Regis contra omnem hominem. Praeterea Rex Scotiae et homines sui nullum a modo fugitivum de terra Domini Regis pro felonia receptabunt in Scotia vel in alia terra sua, nisi voluerit venire ad rectum in curia Domini Regis, et stare judicio Curiae. Sed Rex Scotiae et homines sui quam citius poterunt eum capient, et Domino Regi reddent, vel Justitiariis aut ballivis suis in Anglia. Si autem de terra Regis Scotiae aliquis fugitivus fuerit pro felonia in Anglia, nisi voluerit venire ad rectum in curia Domini Regis Scotiae, et stare judicio Curiae non receptabitur in terra Regis, sed liberabitur hominibus Regis Scotiae per b●llivos Domini Regi●, ubi inventus fuerit. Praeterea homines Domini Regis habebunt terras suas, quas habebant et habere debent de Domino Rege, et hominibus suis, et de Rege Scotiae et de hominibus suis. Et homines Regis Scotiae habebunt terras suas, quas habebant et habere debent de Domino Rege, et hominibus suis. Pro ista vero conventione et fine firmiter observando Domino Regi, et Henrico filio suo et haeredibus suis, a Rege Scotiae et haeredibus suis, liberavit Rex Scotiae Domino Regi Castellum de Rokesburc, et Castellum de Berewic, et Castellum de Geddewurde, et Castellum Puellarum, et Castellum de Striveline in misericordia Domine Regis. Et ad custodienda Castilia illa assignabit Rex Scotiae de redditu suo mensurabiliter ad voluntatem Domini Regis. Fraeterea pro praedicta conventione, et fine exequendo, liberavit Rex Scotiae Domino Regi David fratrem suum in obsidem, et Comitem Dunecanum, et Comitem Waldevum, et Comitem Gilbertum, et Comitem de Anegus, et Richardum de Morevile constabularium, et Nes filium Williemi, et Richardum Cumin, et Walterum Corbet, et Walterum Olifard, et johannem de Vals, et Willielmum de Lindesei, et Philippum de Colevile, et Philippum de Valvines, et Robertum Frenbert, et Robertum de Burnevile, et Hugonem Giffard, et Hugonem Ridel, et Walterum de Berkelai, et Willielmum de la Hay, et Willielmum de Mortimer. Quando verò Castilia reddita fuerint, Willielmus Rex Scotiae, et David frater suus liberabuntur. Comites quidem et Barones praenominati unusquisque postquam liberaverit obsidem suum, scilicet filium legitimum, qui habuerit, et alii nepotes suos vel propinquiores sibi haeredes, et Castellis ut dictum est reddi●is liberabuntur. Praeterea Rex Scotiae et Barones sui praenominati assecuraverunt, quòd ipsi bona fide, et sine malo ingenio, et sine occasione facient, ut Episcopi et Barones et caeteri hom●nes terrae suae, qui non affuerunt quando Rex Scotiae cum Domino Rege finivit eandem ligantiam, et fidelitatem Domino Regi et Henrico filio suo, quam ipsi fecerunt, et ut Barones et homines, qui affuerunt, obsides liberabunt Domino Regi, de quibus habere voluerit. Praeterea Episcopi, Comites et Barones conventionaverunt Domino Regi, et Henrico filio suo, quod si Rex Scotiae aliquo casu à sidelitate Domini Regis et filii sui et à conventione praedicta recederit, ipsi cum Domino Rege tenebunt, sicut cum ligio Domino suo, con●ra Regem Scotiae, et contra omnes homines Regi inimicantes. Et ipsi sub interd●cto ponent terram Regis Scotiae, donec ipse ad fidelitatem Domini Regis redeat. Praedictam itaque conventionem firmiter observandam bona fide, et sine malo ingenio, Domino Regi et Henrico filio suo et haeredibus suis, a Willielmo Rege Scotiae, et David fratre suo, et à Baronibus suis praedictis, et haeredibus eorum assecuravit ipse Rex Scotiae, & David frater ejus, & omnes Barones sui praenominati sicut ligli homines Domini Regis, contra omnem hominem, & Henrici filii sui, salva fidelitate Patris suis. His testibus, Richardo Episcopo Abrincensi, & johanne Salisbiriense Decano, & Roberto Abbate Malmesburiae, & Radulfo Abbate de Mundeburg, & Herberro Archidiacono Northamtoniae, et Waltero de Constantiis, & Rogero Capellano Regis, & Deberto clerico de Camera, & Richardo filio Domini Regis Comite Pictaviae, & Gaufrido filio Domini Regis Comite Britanniae, & Comire Willielmo de Es●sexe, & Hugone Comite Cestriae, & Richardo de Humez● constabulario, & Comite de Mellent, & jordano Thessun, & Humfrido de Boun, & Willielmo de Curci Senescallo, & Gilleberto Male● Senescallo apud Falesiam. His itaque recitatis in Ecclesia Sancti Petri Eboraci coram praedictis Regibus Angliae, & David fratre Regis Scotiae, & universo populo, Episcopi Comites & Barones, & Milites de terra Regis Scotiae juraverunt Domino Regi Angliae, & Henrico filio suo, & haeredibus suis, fidelitatem contra omnem hominem sicut ligiis Dominis suis. Charta Richardi Regis Angliae de libertatibus Willielmo Scottorum Regi concessis. RIchardus Dei gratia Rex Angliae, Dux Normanniae, Hoved. f. 377. b & Aquiran●ae, 68 N & Comes Andegautae Archiepiscopis, Episcopis, Abbatibus, Comitibus, & Baronibus, Justiciariis & Vicecomitibus, & omnibus ministris & fidelibus suis totius Angliae, salutem. Scialis nos Carissimo consanguineo nostro Willielmo eadem gratia Regi Scottorum reddid●sse castella sua Rokesburh, & Berewic tanquam ejus propria jure haereditario ab eo, & haeredibus suis in perpetuum possidenda. Praeterea quietavimus ei omnes conventiones, & pactiones, quas bonae memoriae pater noster Henricus Rex Angliae per novas chartas, & per captionem suam extorsit, ita videlicet ut nobis faciat integrè, & plenariè, quod Rex Scottorum Malcolmus frater ejus antecessoribus nostris de jure fecit, & de jure facere debuit. Et nos faciamus ei quicquid antecessores nostri praedicto Malcolmo de jure fecerunt, & facere debuerunt, scilicet in conductu, veniendo ad Curiam, & redeundo à Curia, & in morando in Curia, & in procurationibus, & in omnibus libertatibus, & dignitatibus, & honoribus eidem jure debitis, secundum quod recognoscetur à quatuor proceribus nostris ab ipso Willielmo Rege electis, & à quatuor proceribus illius à nobis electis; Si autem fines, sive marcias Regni Scotiae aliquis nostrorum hominum, postquam praedictus Willielmus Rex à patre nostro captus fuerit, usurpaverit absque judicio; volumus, ut integre restituantur: & ad eum statum reducantur, quo erant ante ejus captionem. Praeterea de terris suis, quas haberet in Anglia, seu Dominicis, seu feodis, scilicet in Comitatu Huntendoniae, & in omnibus aliis: in ea libertate & plenitudine possideat, & haeredes ejus in perpetuum, qua Malcolmus possedit, vel possidere debuit, nisi praedictus Malcolmus, vel haeredes sui aliquid postea infeodaverint: Ita tamen quod si qua postea infeodata sunt, ipsorum feodorum servitia ad eum, vel haeredes ejus pertineant. Et si quid Pater noster praedicto Willielmo Regi Scotiae donaverit, ratum & firmum habere volumus: Reddidimus etiam ei ligantias hominum suorum, & omnes chartas, quas Dominus Pater noster de eo habuit, per captionem suam: Et si aliquae aliae for●e per oblivionem retentae, aut inventae fuerint, eas penitus viribus carere praecipimus. Ipse autem ligius homo noster devenit de omnibus terris, de quibus antecessores sui ligii homines antecessorum nostrorum fuerunt, & fidelitatem juravit nobis, & haeredibus nostris, testibus his: Baldewino Cantuariensi Archiepiscopo, et Waltero Rothomagensi Archiepiscopo, et Hugone Dunelmensi, et Johanne Northwicensi, et Huberto Saresbiriensi, et Hugone Lincolniensi, et Godefrido Wintoniensi, & Gilleberto Rofensi, et Reginaldo Bathoniensi, et Hugone Conventrensi, et Willielmo Wigorniensi Episcopis, et Alienor matre Regis, et Johanne Comite Moritoritonii fratre Regis, et multis aliis. Forma Pacis inter Richardum Regem Angliae, & Philippum Regem Franciae. Hoved. f. 378. ●. n. 50. QVod uterque illorum honorem alterius servabit, & fidem ei portabit de vita, et membri●, & terreno honore suo, et quod neuter illorum 69. N alteri deficiet in negotiis suis: sed Rex Franciae juvabit Regem Angliae ad terram suam defendendam, ac si ipse vellet Civitatem suam Parisius defendere, si esset obsessa; et Richardus Rex Angliae, juvabit Regem Franciae ad terram suam defendendam, ac si ipse vellet civitatem suam Rothomagi defendere, si obsessa esset. Comites autem & Barones utriusque regni juraverunt, quod a fidelitate Regum non discedent, nec guerram movebunt ullam in terris illorum, quamdiu ipsi fuerint in peregrinatione sua. Et Archiepiscopi, et Episcopi firmiter promiserunt in verbo veritatis, quòd in transgressores hujus pacis, et conventionis, sententiam anathematis dabunt. Clemens Papa Willelmo Eliensi Episcopo salutem. JVxta commendabile desiderium & salubrem postulationem Karissimi in Domino filii nostri Richardi illustris Regis Anglorum, Rad. de Diceto, Col. 655. n. 30. fraternitati tuae legationis officium in tota Anglia, Wallia, tam per Cantuariensem 70. N quam Eboracensem Archiepiscopatum, & in illis partibus Hyberniae in quibus nobilis Vir johannes Comes Moritoniensis frater ipsius Regis jurisdictionem habet & dominium, auctoritate duximus Apostolica committendum. Dat. Laterani Non. Junii Pontificatus nostri anno iii. Richardus Rex Anglorum omnibus fidelibus suis salutem. MAndamus vobis, & praecipimus quod sicut de nobis confiditis, Ibidem, n. 40. & sicut vos ipsos & omnia vestra diligitis, sitis omnino intendentes 71. N dilecto & fideli Cancellario nostro Elyensi Episcopo super omnibus quae ad nos spectant, & pro ipso faciatis sicut pro nobismet ipsis faceretis, de omnibus his quae vobis ex parte nostra dixerit. Teste meipso aput Baionam vi. die Junii. Charta Richardi Regis Angliae de statutis illorum qui per mare ituri erant. RIchardus Dei gratia Rex Angliae, & Dux Normanniae, Hoved. f. 379. b. n. 10. & Aquitaniae, & Comes Andegaviae, omnibus hominibus suis Jerosolymam 72. N per mare ituris, Salutem. Sciatis nos, de communi proborum vicorum consilio, fecisse has justitias subscriptas. Qui hominem in navi interfecerit, cum mortuo ligatus projiciatur in mare. Si autem eum ad terram interfecerit, cum mortuo ligatus in terra infodiatur. Si quis autem per legitimos testes convictus fuerit, quod cultellum ad alium percutiendum extraxerit: aut quod alium ad sanguinem percusserit pugnum perdat. Si autem de palma percusserit sine effusione sanguinis: tribus vicibus mergatur in mari. Si quis autem socio opprobrium, aut convitia, aut odium Dei injecerit: quot vicibus ei convitiatus fuerit, tot uncias argenti ei det. Latro autem de furto convictus, tondeatur ad modum campionis, & pix bulliens super caput ejus effundatur, & pluma pulvinaris super caput ejus excutiatur ad cognoscendum eum, & in prima terra, qua naves applicuerint, projiciatur. Teste meipso apud Chinonem. Richardus Rex Anglorum, Willielmo Marescallo, Galfrido filio Petri, & Hugoni Bardolf. & Willielmo Briwerr. apparibus. i e. He wrote to every one of them, and sent to them a Copy of the same Letter. Rad de Dice●o Col 659. ●n. 10. SI forte Cancellarius noster negotia regni nostri, juxta consilium vestrum, & aliorum praedictorum quibus curam regni nostri commisimus, N. 73 fideliter non tractaverit, praecipimus ut secundum dispositionem vestram de omnibus agendis regni nostri, tam de Castellis quam de escaetis, absque omni occasione faciatis. Walterus Archiepiscopus Rothomagensis a Sicilia rediens venit in Angliam v. Cal. Maii aput Soreham litteras deferens in haec verba. Richardus Rex Anglorum Willelmo Cancellario suo, Galfrido filio Petri, Willielmo Marescallo, & Hugoni Bardolf. & Willielmo Briwerr. apparibus. (As above.) ●bidem, n. 30. SCiatis quod quia nos diligimuus venerabilem patrem nostrum Walterum N. 74 Rothomagensem Archiepiscopum, & de eo ad plenum considimus, eum de peregrinatione sua, de consilio & assensu summi Pontificis, propter consilium & defensionem Regni nostri ad vos transmittimus, quoniam constat aput nos, ipsum esse ad hoc ydoneum, & quia eum virum esse cognovimus prudentem, & discretum & nobis semper fidelem: under vobis mandamus & firmiter praecipimus, quatinus in procurandis negotiis nostris, & in custodiendo & defendendo regno nostro, communicato cum eo in omnibus negotiis nostris consilio operemini; Volentes & praecipientes quod quamdiu ipse erit in Anglia, & nos in peregrinatione Dei erimus, ipse pariter in omnibus cum consilio vestro, & vos cum suo. Vobis etiam mandamus quod ea quae sibi vobis de Archiepiscopatu Cantuariensi exponenda commisimus faciatis, sicut ipse vobis ex parte nostra proponet. Teste meipso xxiii. die Februarii aput M●ssanam. Forma Pacis inter Cancellarium, & Johannem Comitem Moretonii. NOtum sit omnibus ad quos praesens scriptum pervenerit, Hoved. f. 398. b. n. 30. contraversiam illam inter Comitem Moretonii, & dominum Cancellarium N. 75 exortam, sic Domino Rothomagensi Archiepiscopo, & Dunelmensi, Londoniensi, Wintoniensi, Bathoniensi, Roffensi, Coventrensi, Episcopis, & aliis fidelibus domini Regis mediantibus, esse Sopitam; Scilicet quod Comes Moretonii castella de Tikehil & de Nottingham, quae ceperat, reddidit domino Regi per manum Domini Rothomagensis, tradenda custodiae Willielmi Marescalli, & Willielmi de Wendewal: scilice● Willielmo Marescallo castellum de Nottingham, & Willielmo de Windeval castellum de Tikehil: qui praedicta castella ad honorem & fidelitatem domini Regis, usque ad reditum ejus praestito juramento custodient: & cum redierit, ad suam inde voluntatem operabuntur. Et si forte Dominus Rex (quod absi●) in hac peregrinatione sua decesserit, praedicta castella praedicto Comiti sine ulla detentione, & dilatione reddent. Et si forte dominus Cancellarius interim erga praedictum Comitem excesserit, & excessum ad consilium & considerationem praedicti Domini Rothomagensis, & aliorum familiarium Domini Regis, & Curiae suae requisitus emendare sine dilatione noluerit, praedicta castella praedicto Comiti reddent & restituent. Sed & alia castra de honoribus à Domino Rege sibi datis, quae fidelibus Domini Regis tradita sunt custodienda, scilicet domino Rothomagensi castrum de Wallingforde; Domino Londoniensi castrum de Bristou; Domino Coventrensi castrum del Pec; Richardo del Pec castrum de B●lleso●res; & si Richardus recipere noluerit, dominus Coven●rensis recipiet; Waltero filio Roberto castellum de Epa; Comiti Rogero Bigoth castellum de Hereford; Richardo Revel castellum de Exonia, & de Lanstavetun; qui similiter fidelitatem Domini Regis de ipsis ad opus ipsius fideliter custodiendis, & si forte decesserit (quod Deus avertat) Domino Iohanni reddendis, juraverunt. Sed & tria castella ad coronam Domini Regis pertinentia, scilicet castellum de Windesoure Comiti de Arundil; castellum de Wintonia Gilberto de Lasci; castellum de Northampton Simoni de Pateshille tradita sunt custodienda; qui fidelitatem Domini Regis de ipsis ad opus ipsius fideliter custodiendis juraverunt. Sed & concessum est quod Episcopi, & Abbates, Comites, & Barones, Vavassores, & libere tenentes non ad voluntatem justiciarum, vel ministrorum Domini Regis de terris, & caballis suis dissaisientur, sed judicio Cutiae Domini Regis secundum legitimas consuetudines, & assisas regni tractabuntur, vel per mandatum Domini Regis. Et similiter Dominus Iohann● i● sua terra faciet observari. Et si quis aliter facere praesumpserit ad petitionem praedicti Comitis, per Dominum Rothomagensem, si in Anglia fuerit, & per Justicias Domini Regis, & per eos, qui pacem juraverunt, emendabitur: & similiter Dominus johannes ad petitionem eorundem emendabit. Nova castella, post transfretationem Domini Regis ad peregrinationem suam, facienda vel inchoata vel perfecta delebuntur, nec alia usque ad reditum Domini Regis nova firmabuntur, nisi in Dominicis maneriis Domini Regis, si opus fuerit; vel ad opus alicujus nominatae personae per praeceptum Domini Regis factum per literas, vel per certum nuncium. Resaisina vicecomitatus Lincolniae fiet Girardo de Camvilla: & eadem die dies ei conveniens praefigetur standi in Curia Domini Regis ad judicium, quod si contra eum monstrari poterit, quod judicio Curiae Domini Regis vicecomitatum castelli Lincolniae perdere debuerit, perdat; sin minus, retineat, nisi interim alio modo pax inde fieri possit. Nec dominus johannes ipsum contra juvicium Curiae Domini Regis manu tenebit: nec uthlagos, vel inimicos Domini Regis, qui ei fuerint nominati, receptabit, nec in terris suis receptari permittet. Sed si quis retatus fuerit de aliquo forisfacto Domino Regi facto, bene licebit Comiti ipsum in terris suis receptare, quam diu ipse obtulerit se staturum ad rectum in Curia Domini Regis. Hanc ergo pacem bona fide sine malo ingenio tenendam, & servandam propriis manibus affidaverunt in manu Domini Rothomagensis praedicti, Comes, & Cancellarius, & quatuordecim Barones ex utraque parte juraverunt. Scilicet ex parte Cancellarii Comes de Arundel, Comes de Salesbiri, Comes Rogerus Bigot, Comes de Clare, Walterus filius Roberti, Willielmus de Braosa, Rogerus filius Rainfrai; et ex parte Comitis Stephanus Ridel Cancellarius, Willielmus de Wennevat, Robertus de Mara, Philippus de Lurescestre, Willielmus de Kahannes, Gilbertus Basset, Willielmus de monte acuto. Et si quid infra Treugas captum fuerit, aut interceptum ab utraque parte, legitime reddetur & emendabitur. Et haec facta sunt salva in omnibus auctoritate, et mandato Domini Regis; Ita tamen quod si Dominus rex ante adventum suum hanc concordiam teneri noluerit, praedicta castella de Nottingham & Tikehil Domino Iohanni reddentur, quicquid Dominus Rex inde praecepit. BE it known unto all Men unto whom this present Writing shall come, That the Controversy between the Earl of Moreton and the Chancellor by the Mediation of the Archbishop of Roven, the Bishops of Durham, London, Winchester, Bath, Rochester and Coventry, and other of the King's Liegemen, was compounded upon these Terms. That the Castles of Nottingham and Tikehill which the Earl had taken should be restored to the Archbishop of Roven for the King's use, and that Nottingham should be kept by William Martial, and Tikehil by William Wendeval until the Kings Return, and then they were to be disposed of according to his Direction. But if the King should die in his Peregrination, Then the Castles were to be re-delivered to the Earl without delay. And if the Chancellor shall offend against the Earl, and will not mend his offence, according to the advice and Judgement, of the Archbishop of Roven, and other the King's Servants, (et aliorum familiarium Regis) That is the Justices, and of his Court, Then without Delay those Castles shall be Restored to him. Also the other Castles belonging to the Honours give him by the King, which were in the keeping of the King's Liegemen. That is Wallingford in the custody of the Archbishop of Roven, Bristou of the Bishop of London. The Castle of Pec of the Bishop of Coventry. B●lsover of Richard deal Pec. The Castle of Ay of Walter Fitz-Robert, The Castle of Hereford in the Custody of Earl Roger Bigod. The Castles of Ecester and Launceston of Richard Revel, who were all sworn to keep them faithfully to the King's use, and if he should die to render them to Earl John. Also the three Castles belonging to the King's Crown; Windsor was to be delivered to the Earl of Arundel, The Castle of Winchester to Gilbert de Lacie, and Northampton to Simon Pateshul, faithfully to be kept for the King's use. Also it was agreed that the Bishops, Abbats, Earls, Barons Vavassors (that is Knights) and Free Tenents, should not be Disseised of their Lands or Goods, at the pleasure of the Justices or King's Ministers, but by the Judgement of his Court, according to the lawful Customs and Statutes of the Kingdom, or by the King's Mandate, and the like the Lord john shall cause to be observed in his Lands and possessions, and if any one presumes to do otherwise, at the Request of the Earl he shall be punished or fined by the Archbishop of Roven, if in England, and by the Justiciaries, and such as have been sworn Conservators of the Peace, and in like manner the Lord John shall punish and fine at their Request. The New Castles which have been built or begun since the King went beyond Sea were to be Demolished, nor any other to be raised, any where, unless it should be thought fit to do it upon the King's Demesnes, unless some famous person might do it by the Kings Command signified by his Brief or Letters, or an unsuspected Messenger. The Re-Scisin of the Sherifwic of Lincoln-Shire shall be given to Gerard de Camvill, and the same Day, he shall have a time set, of standing to the Judgement of, or appearing in the King's Court, and if it could be made appear he was to lose the Sherifwic of the Castle of Lincoln by the Judgement of the King's Court, he was to lose it; if otherwise he was to keep it, unless some other Agreement could be made. Neither was the Lord John to protect him contrary to the Judgement of the King's Court, nor receive any Outlaws, nor any of the King's Enemies which were named to him, or permit them to be received in his Lands. But if any one was accused of any forfeiture made to the King, the Earl might lawfully receive him, so long as he offered himself to stand Trial, in the King's Court. The Earl and Chancellor putting their own hands within the hand of the Archbishop of Roven gave security for the observation of this Agreement in good faith, and without any evil Artifice, and fourteen Barons of both parts swore the same. On the Chancellor's part, the Earl of Arundel, the Earl of Salisbury, Earl Roger Bigod, the Earl of Clare, Walter Fitz-Robert, William de Braiosa, Roger Fitz-Rainfrai. On the Earl's part Stephan Ridel his Chancellor, William de Wenneval, Robert de Mara, Philip de Wirescestre, William de Kahannes, Gilbert Basset, William Montacute; and if any thing should be taken, or intercepted by either party during the Truce, it should be lawfully restored, or Satisfaction given for it. These things were done saving the King's Authority and Command in all things; yet so, as if the King before his Return was not satisfied with this Agreement, the Castles of Nottingham and Tikehil should be delivered to the Lord John, whatsoever the King should command concerning them. Epistola Richardi Regis Angliae ad Alienor Reginam matrem suam, & ad Justitiarios suos Angliae. Hoved. f. 413. a. n. 20. RIcharuds Dei gratia Rex Angliae, Dux Normanniae, et Aquitaniae, N. 76 et Comes Andegaviae Alienor, eadem gratia Reginae Angliae charissimae matri suae, et justitiis suis, et omnibus fidelibus suis per Angliam constitutis, Salutem. Notum sit Vniversitati vestrae, quod postquam recesserunt a nobis dilecti nostri, Hubertus venerabilis episcopus Saresbiriensis, et Willielmus de Sanctae Mariae ecclesia protonotarius noster, venit ad nos charissimus Cancellarius noster Willielmus Eliensis episcopus: et eo inter Dominum Imperatorem, et nos fideliter interloquente, eo usque res pervenit, quod de Castello de Trivellis, in quo detinebamur, obviam venimus Imperatori apud Hagenou, ubi honorifice ab ipso Imperatore, et tota Curia recepti fuimus. Ibique Dominus Imperator, et Domina Imperatrix nos magnis, et variis muneribus honoraverunt; et, quod praecipuum est, mutuum feodus amoris et ind●ssolubile inter Dominum Imperatorem contractum est, et nos. Ita quod uterque nostrum, alterum contra omnes viventes in jure suo obtinendo, et retinendo, juvare debet. Honostè autem circa ipsum Imperatorem moram facimus; donec ipsius et nostra negotia perficiantur, et donec ei Septuaginta millia marcarum argenti solverimus. Quare vos rogamus, et in fide, qua nobis tenemini, adjuramus, quatenus in hac pecunia perquirenda solliciti sitis, et vos justitiarii nostri, qui aliis in regno nostro praeestis, exemplum aliis praebeatis: ut ita honorificè et magnificè de proprio nobis subveniatis, et etiam de his, quae de aliis mutuo accipere poteritis, et aliis fidelibus nostris exemplum detis similia faciendi. Universum autem aurum, et argentum Ecclesiarum diligenti Observatione, et scripti testimonio ab ipsarum Ecclesiarum Praelatis accipiatis: eisque per Sacramentum vestrum, et aliorum Baronum nostrorum quos volueritis, affirmetis, quod eye plenarie restituentur. Vniversorum etiam Baronum nostrorum obsides recipiatis, ut cum fidelissimus Cancella●ius noster, quam cito peractis in Alemannia negotiis nostris in Anglia venerit, eosdem obsides penes charissimam matrem nostram Reginam reperiat, ut eos, de quibus inter nos, et Dominum Imperatorem convenit, expedite possit ad nos transmittere: ne liberatio nostra per absentiam obsidium, & n●gligentiam vestram moram patiatur. Pecunia autem collecta similiter matri meae, & illis, quibus ipsa voluerit, tradatur. Quem autem in necessitate nostra promptum inveniemus in suis necessitatibus amicum nos rereperiet, & remuneratorem; gratiusque nobis erit, si quis in absentia nostra in aliquo nobis subveniat, quam si in praesentia nostra in duplo quis nobis subveniret. Volumus autem ut singulorum Magnatum nomina, & subventiones, quae praesentialiter fient, per sigillum matris nostrae nobis significentur, ut sciamus, quantum unicuique in gratiarum actionibus teneamur. Sciatis pro certo, quòd si in Anglia in libera potestate nostra essemus constituti, tantam vel majorem pecuniam Domino Imperatori daremus, quam modo damus pro pactionibus consequendis, quas per Dei gratiam consecuti sumus: & si etiam pecuniam non prae manibus haberemus, proprium corpus nostrum Imperatori traderemus, donec pecunia solver●tur; antequam quod factum est relinqueretur imperfectum. In bulla autem Domini Imperatoris aurea fert vobis Cancellarius noster praedictam testificationem. Testibus nobis ipsis apud Hagennou, 13 Cal. Maii. In mense Septembris missi sunt ex parte Regis per singulos Comitatus Angliae Justitiarii errantes, N. 77 Hoved. f. 423● a. n. 30. & secundum subscriptorum formam capitulorum processerunt in justiciis exequendis. Forma Procedendi in Placitis Coronae Regis. IN primis eligendi sunt quatuor Milites de toto Comitatu, Ibidem. n. 40. qui per Sacramentum suum eligant duos Legales Milites de quolibet Hundredo, N. 77 vel Wapentacco, & illi duo eligant super Sacramentum suum, Decem Milites de singulis Hundredis, vel Wapentaccis, vel si Milites defuerint, Legales, & Liberos Homines, ita quod illi duodecim insimul respondeant de omnibus Capitulis de toto Hundredo, vel Wapentacco. Capitula Placitorum Coronae Regis. DE Placitis Coronae novis, & veteribus, & omnibus, quae nondum N. 77 sunt finita coram Justitiariis Domini Regis. Item de omnibus recognitionibus, & omnibus Placitis, quae summonita sunt coram Justitiariis per breve Regis, vel Capitalis Justitiae, vel à Capitali Curia Regis coram eis missa. Item de eschaetis, quae sunt & quae fuerunt, postquam Rex arripuit iter versus terram Jerusalem, & quae fuerunt tunc in manu Regis, & iterum sunt modo in manu ejus, vel non, & de omnibus eschaetis Domini Regis, si à manu sua sunt remotae, quomodo, & per quem, & in cujus manus devenerunt, & qualiter, & quis exitus inde habuerit, et quos, & quid valuerint, & quid modo valeant; & si aliqua exchaeta sit, quae ad Dominum Regem pertineat, quae in manu ejus non sit. Item de ecclesiis quae sunt de donatione Domini Regis. Item de Custodiis puerorum, quae ad Dominum Regem pertinent. Item de Maritagiis puellarum, vel viduarum, quae ad Dominum Regem pertinent. Item de Malefactoribus & eorum receptoribus & eye consentientibus. Item de Falsonariis. Item de interfectoribus judaeorum, qui sint; & de vadiis judaeorum interfectorum, & catallis, & terris, & debitis, & chartis, & quis ea habuerit, & quis quantum eis debuerit, & quae vadia habuerint, & quis ea teneat, & quantum valeant, & quis exitus inde habuerit, & quos: & omnia vadia, & debita Iudaeorum interfectorum capiantur in manu Regis; & qui ad occisionem Judaeorum fuerunt, & non fecerunt finem cum Domino Rege, vel Justiciariis suis, capiantur, & non deliberentur nisi per Dominum Regem, vel Justitiarios suos. Item de omnibus auxiliis datis ad redemptionem Domini Regis, quis quantum promiserit, & quantum reddiderit, & quantum à retro sit. Item de fautoribus Comitis johannis, qui finem cum Domino Rege fecerunt, & qui non. Item de Catallis Comitis johannis, vel fautorum ejus, quae ad usum Domini Regis non sunt conversa, & quantum vicecomites receperunt, vel ballivi sui, & quis aliquid contra antiquas consuetudines regni dederit. Item de omnibus terris Comitis johannis, de Dominicis, & Wardis, & exhaetis, & de donis suis, & qua de causa data sunt ei illa dona, & omnia dona Comitis johannis capiantur in manu Domini Regis, praeterquam illa quae per Regem confirmata sunt. Item de debitis & ●inibus, quae debentur Comiti Johanni, & qua de causa; & omnia exigantur ad opus Domini Regis. Item de foeneratoribus & eorum catallis, qui mortui sunt. Item de vinis venditis contra assisam, & de falsis mensuris tam vini, quam aliarum rerum. Item de cruciatis mortuis ante iter suum arreptum versus Jerusalem, & quis eorum catalla habuerit, & quae, & quanta. Item de magnis assisis, quae sunt de centum solidatis terrae, & infra. Item de defaltis, Praeterea in quolibet Comitatu eligantur tres milites, & unus Clericus custodes placitorum Coronae, & nullus Vicecomes sit justitiarius in Vicecomitatu suo, nec in Comitatu, quem tenuerit post primam Coronationem Domini Regis. Praeterea tailleantur omnes Civitates, & Burgi, & Dominica Domini Regis: justiciarii vero nominati, una cum baillivis Willielmi de Sanctae Mariae Ecclesia, & Gaufridi Filii Petri, & Willielmi de Chimelli, et Willielmi Bruere, & Hugonis Bardulfi, & Vicecomitis Locorum summoneri faciant milites in Comitatu in rotulo nominatos; ut ad diem & locum, quem eis scire faciant, veniant, & coram eis jurare faciant illos, quod legale posse suum ponent ad Wardas, & exhaetas Domini Regis instaurandas, & ad appretiendas ad commodum Domini Regis, nec alicujus odio, favore, vel gratia illud omi●tent; & quod praedicti milites nominati super sacramentum suum eligent duodecim legales milites, vel liberos, & legales homines, si milites ad hoc inventi non fuerint, per diversas partes singulorum Comitatuum in itinere praedictorum justiciariorum, sicut expedire viderint; qui similiter jurent, quod ad Wardas, et exchaetas de partibus illis instaurandas, et appretiandas, et affirmandas suum legale posse, et consilium, et auxilium apponent ad commodum Regis, ut praedictum est; et praedicti jurati supra sacramentum suum eligent de liberioribus hominibus exchaetarum, et Wardarum, quot, et quales noverint esse sibi necessarios, ad praedicta Domini Regis negotia, sicut melius fieri potest ad commodum Domini Regis, exequenda. Et sciendum est, quod praedictae Wardae, et exchaetae instauravuntur de exitibus ex eis provenientibus, usque ad festum Michaelis. Item de exitibus ejusdem Termini, et si hi non sufficiunt, supplebitur deficiens de Telonio Domini Regis, ita quod illi, qui tenebunt Wardas, et exchaetas illas ad firmam, respondebunt inde à festo Sancti Michaelis, et deinceps tanquam de stauratis. Dominus autem Rex illis, qui Wardas illas et exchaetas ad firmam tenebunt, eas usque ad terminum suum de anno in annum Warrantizabit; ita quòd licet Dominus R● aliquam illarum alicui dedisset, firmarius firmam suam tenebit, usque ad finem anni per firmam ei reddendam, cui Rex eam dederit, quam Dominus Rex inde perceperit. Justitia vero exchaetae, quam dederit, remaneat Domino Regi, nisi Dominus Rex illud nominatim dederit, firmarius vero cum firmam suam dimiserit, instauramentum suum, et omnia sua, quae in firmis posuerit ultra instauramentum Regis, liberè et sine diminutione habebit, et inde habebunt literas Domini Archiepiscop● patentes, continentes tenorem Chartae Domini Regis super hoc factae: inquiretur item diligentissime quantus sit assisus redditus per singula maneria in Demenio, et quantum valeant omnia alia in praedictis maneriis assisa, et quot sunt carucae, et quantum singulae valeant, non aestimantes eas ad pretium viginti solidorum tantum: sed secundum quod terra fuerit vel bona, vel mala, crescat, vel decrescat pretium. Illi vero qui firmas suscipient, firmas suas instaurabunt, ut praedictum est, secundum pretium supradictum de exitibus exchaetarum, et Wardarum. Inquiratur item de quot bobus, et averiis singulae carucae valeant instaurari, et quot, et quantum instauramentum singula maneria possit sustinere, et tunc aperte, et distincte in scriptum redigantur. Erit autem pretium bovis 4 Solidi, et vaccae similiter, et averi similiter, & ovis crispae 10 Denarii, et ovis lanae grossioris 6 Denarii, et suis 12 Denarii, et verris 12 Denarii, et cum firmarii firmas suas dimiserint de praedicto pretio respondebunt, vel de animalibus pacavilibus in optione firmariorum; et cum omnia praedicta instaurata fuerint, et appretiata, omnia imbrevientur apert●, et distincte, et deferantur ad Scaccarium. Excipiuntur autem de hac assisa Episcopatus, et Abbatiae, et terrae Baronum, qui proximi sunt aetati. Inquiratur etiam per Sacramentum praedictorum de omnibus Wardis, et exchaetis, quae non sunt in manu Domini Regis, et capiantur in manu Domini Regis, et de illis fiat, sicut de aliis exchaetis, et Wardis. In the Month of September ●. 1194. the King sent Itinerant Justices through all the Counties of England, who were to proceed in doing Justice according to the under-written Heads or Articles. The Form of Proceeding in Pleas of the Crown. FIrst, Four Knights are to be chosen of the whole County, which upon their Oath shall choose Two Legal Knights, of every Hundred or Wapentach, and those Two shall choose upon their Oaths Ten Knights in every Hundred or Wapentach; and if there be not Knights enough, Lawful and Freemen, so as those Twelve together may answer to all the Articles which concern that Hundred or Wapentach. Articles of Pleas of the Crown. THe Justices shall inquire and determine New and Old Pleas of the Crown, and all such as were not determined before the King's Justices. Also of all Pleas of In those ●as the Ver●ct was called Recognition, ●d the Jurors ●ecognitors. Novel Diseisins, and all Pleas which were summoned or brought before the Justices by the Writ of the King or Chief Justice, or sent before them from the King's Capital Court. Also concerning They are ●nds or Pro●s that fall to ●e King or ●ord of a Man●er, by For●iture, or ●eath of a Tenant without ●eirs. Escheats what they were, and had been since the King's Expedition to Jerusalem; and what were then in the King's Hands, and whether they are now in the King's Hands, or not. If they were taken out of his Hands, how and by whom, and to whose Hands they came, and in what manner. And who receives the Issues and Profits of them, and what the Profits are, and what was, and now is their value; and if there be any Escheat which belongs to the King, and is not in his possession. Also of Churches which were in the King's Gift; Also of Wardships of Children, and Young Men that belong to the King. Also of the Marriages of Maidens and Widows that belong to the King. Also of Malefactors, their Receivers and Incouragers. Also of Falsonars, such as forged and counterfeited false Charts and Writings. Also of the Killers of Jews, who they were; and of the Pawns of the Jews that were slain, of their Goods, Lands, Debts, and Charts, who had them in their possession, and what their value. The Pawns and Debts of the Jews to be taken into the King's Hands; and those that were present at the Killing or Murdering of the Jews, and have not made Fine or Composition with the King, or his Justices, let them be taken, and not delivered but by the King or his Justices. Also of all Aids given for the Redemption of the King; who and how much every one promised, how much paid, and how much in Arrear. Also of the Favourers or Abettors of Earl John, who have made Composition with the King, and who not. Also of the Goods and Chattels of Earl john and his Favourers, which are not yet converted to the King's use, how much the Sheriffs and their Bailiffs have received, and whether any one hath bribed them contrary to the Antient Customs of the Kingdom. Also of all the Lands of Earl john, such as he had in his own Hands, his Wardships and Escheats, of such as had been given him, and for what cause they were given him, all to be taken into the King's Hands, unless such as the King confirmed to him. Also of the Debts and Fines due to Earl john, and for what cause due. They were all to be required for the King's use. Also of Usurers that were dead, and their Goods. Also of Wines sold contrary to the Assize, and of False Measures of Wines and other things. Also of such as undertook the Crusado, and died before they set forward toward Jerusalem, who had their Chattels, what, and how much. Also of So called from the Trial of Right, which was the greatest Trial, and was brought into Court by a Writ of Right, by which the Jurors were directed to discover who had more right to the Land in question, whether the Demandant or the Tenant and Possessor. Great Assises which were of Land worth an Hundred Shillings a year and under. Also of Defaults, (that is, non-appearances in Court, chief at a day assigned.) Furthermore, they were to choose, or see there should be chosen, Three Knights and one Clerc, in every County, who were to note and set down, or hold the Pleas of the Crown, and no Sheriff was to be a Justiciary in his own County, nor in any County he held since the first Coronation of the King. Furthermore, all Cities, burgh's, and the King's Demeasns, were to be Taxed by the justice's Itinerant. The Justices The Itinerant Justices were named I suppose, though omitted by the Historian. named, together with the Bailiffs of William of the Church of Saint Mary, and Geofry Fitz-Peter, and William de Chimelli, William Bruer and These were Commissioners for the Management of the King's Wardships and Escheats undoubtedly in the Iter assigned to these Justices; or perhaps all over England. Hugh Bardolf, and the Sheriffs of the Places, should cause the Knights in the County named in a Roll to be summoned, that they come at the day, and to the place they shall have notice of, to swear before them, That they would use their utmost lawful endeavour to stock all the King's Ward-Lands, and Escheats, and improve them to the King's best profit, and not omit, for the hatred, fear or favour of any Man: And the Knights named in the Roll were to choose upon their Oaths Twelve Lawful Knights, or Lawful and Legal Free-men, if Knights were not to be found, in several parts of the Counties in the Iter of the foresaid Justices, as they should think fit, who in like manner were to swear, That they would Apply their utmost lawful Endeavour, Counsel and Help, to stock, improve, and let to Farm the King's Ward Lands and Escheats in those parts, to the profit of the King as aforesaid. And the said Jurats or sworn Persons were upon their Oaths to choose, of the best Free-men residing upon the Escheat or Ward-Lands, so many, and such as they thought fit for their purpose, to manage the King's Business, as it might best be done for his profit. And they were directed to In these times, and two or three hundreds of years afterward, the King, but especially the Bishops, Abbats, and Temporal Nobility and Knights, kept much and many of their Manners and Lands in their own Hands, and stocked and managed them by a Praepositus and Servants, and sometimes let them to Farm stocked. stock the Ward-Lands and Escheats with the Issues and Profits of them until Michaelmass, and if that was not sufficient, what Wanted, was to be supplied out of the King's Tolls, so that they which took to farm those Ward-lands and Escheats, were to answer for them from Michaelmass as Stocked. And the King would Warrant to such as held them in farm, those Ward-Lands, and Escheats, from year to year during their Term. So that although, the King gave any of them to any one, yet the Farmer should hold his farm, until the end of the year, paying what should be due from the King, but the Justice, as Royalties, Forfeitures, etc. which happened upon the Escheat the King Granted, were to remain to the King, unless the King granted them particularly and by name (that is by express words.) The Farmer when he leaves his farm, shall take of all his own stock he set upon it, besides the King's stock, freely without Diminution, and they shall have the letters patents of the Archbishop (as chief Justice) containing the Tenor of the King's Chart made concerning this matter. They were to inquire, what was the Rent of This was such, as are now called White, or Quit-Rents. Assize or Constant Rent in every Manner of the King's Demesns, and the value of all things upon those Manners, and how many Ploughlands or Caracates they contained, and what their value, non-estimating them at 20 s. only, the Ploughland; but more or less, according as the land was better or Worse. Those that took farms, might stock them with the Profits of the Lands as aforesaid. They were also to inquire how many Oxen and Horses ought to be kept for the Tilling of every ploughland, and what stock every Manner would maintain, and clearly and distinctly to put them in Writing. A Plough-Ox was then valued at 4 s. a Cow and Plough-Horse at the same Rate, a Sheep with fine Wool at 10 d. and with course Wool 6 d. a Sow at 12 d. and a Boar at 12 d. and when the Farmers left their farms, they were to pay so much money, or leave so many Saleable-Beasts at their choice; and when all the Ward-lands and Escheats, were Stocked, improved and valued, they were to be inventoried clearly and Distinctly, and the Inventory carried into the Exchequer. Bishoprics, Abbacy's, and the Lands of Barons near Age were excepted out of this Constitution. They were to inquire by the Oaths of the persons aforesaid, of all Wards and Escheats, that were not in the King's Hands, that they might be taken into his possession, and ordered as the others. Capitula placitorum Coronae Regis. Hoved. f. 445. b. n. 10. DE placitis Coronae novis, & veteribus, quae non sunt finita coram N. 78 Justiciis Domini Regis. De omnibus assisis. De morte antecessorum. De nova dissaisina. De magnis assisis usque ad 10 libratas terrae, & infra. Et de advocationibus Ecclesiarum, & capientur coram iis electiones magnae assisae per mandatum Domini Regis, vel ejus capitalis Justitiae. De Ecclesiis vacantibus, vel non vacantibus, quae fuerunt de donatione Domini Regis, quis eas donaverit, vel quis eas habeat, & per quem & quantum valent. De excaetis Domini Regis & eorum valentiis, & quis eos habeat & per quem. De dominabus, & de valectis, & puellis quae sunt, vel esse debent in donatione Domini Regis, & de valentiis terrarum suarum; & si quis eorum, vel earum sit maritaetus; & inquiratur, cui & per quem & a quo tempore. Inquirendum est etiam, quae viduae non sinierunt pro se maritandis, & finis capiatur ad opus Domini Regis. De Sergentariis Domini Regis quis eas habet, & per quem, & quantum valent, & qui finem non fecerunt ad auxilium Domini Regis, & qui fecerunt, & finis capiatur. De usuris Christianorum, & eorum catallis, qui sunt mortui. De illis sunt in misericordia Regis, & non admerciati. De praepresturis Domini Regis. De viis Domini Regis estreciatis. De thesauris inventis. De malefactoribus, & eorum receptoribus. De fugitivis retatis reversis post ultima● assisam. De omnibus ponderibus, & mensuris, & ulnis renovatis, & si quatuor homines, qui sunt attornati ad haec custodienda, in unaquaque villa fecerint, quod inde statutum est, & si attachiaverint transgressores illius assisae; & si non attachiaverunt, prout debent, puniantur sicut ipsi transgressores. Totum vinum illius, qui vendidit contra assisam, capietur ad opus Domini Regis, & praeterea Dominus Vini & venditores sint in misericordia Regis. Inquirendum est per omnes Comitatus de hidis, & carucatis, & si Justitiarii, qui ad haec attornati fuerunt, se bene habuerint, & si de omnibus receperunt, & si aliqua concelaverunt. De custodibus portuum maris, si quid receperunt, quod non reddiderunt, & si mercedem aliquam receperunt pro jure Regis retinendo, & si quis aliquid receperit, qui non fuerit ad hoc attornatus. Inquirendum est, si omnes venerint ad summonitiones Justitiarum Domini Regis, sicut venire debent, & si quis sit qui non venerit, quis ille fuerit, & qualiter nominatus fuerit. Assisa Domini Regis de Forestis. HAec est assisa Domini Regis, & haec sunt praecepta de Forestis suis in Anglia facta per assensum, & Consilium Archiepisc. & Episcoporum, & Abbatum, Comitum & Baronum, & Militum totius regni sui, Dominus Rex primum defendit, quod si aliquis ei forisfaciat de venatione sua, vel de forestis suis in aliqua re, non vult, quod confidant in hoc, quod habuit misericordiam de illis per eorum catalla hucusque, qui ei forisfecerint de venatione sua, & de Forestis suis. Nam si qui a modo ei forisfecerint inde, & inde convicti fuerint, plenariam vult de illis Justitiam fieri, qualis facta fuit tempore Henrici avi patris Domini Regis, viz. ut amittant oculos, & testiculos. Item Dominus Rex defendit, quod nullus habeat arcus, vel sagittas, neque canes, neque leporarios in forestis suis, nisi habeat ipsum Regem ad warrantum suum, vel aliquem alium, qui eum possit inde warrantizare. Item Rex defendit, quod nullus donet, vel vendat aliquid ad destructionem Bosci sui, vel ad wastam, quae sit infra forestam Regis: sed concedit bene, quod capiant de boscis suis, quod necesse iis fuerit sine wasto, & hoc per visum forestarii sui, & viridariorum suorum. Item praecipit, quod omnes illi, qui Boscos habent infra metas forestae Domini Regis, quod ponant idoneas Wood-men. forestarios in Boscis suis, de quibus forestariis, ipsi quorum Bosci fuerint, sint plegii, vel tales inveniant plegios idoneos, qui possint emendare, si forestarii in aliquo forisfecerint quod Domino R●gi pertineat. Item praecipit, quod sui forestarii curam capiam super forestarios militum, & aliorum, qui Boscos habent infra metas forestae Domini Regis, quod Bosci non destruantur. Nam si super hoc Bosci ●orum destructi fuerint, sciant bene illi, quorum Bosci fuerint, quod de ●psismet vel de eorum terris capietur emendatio, & non de alio. Item praecipit Rex, quod sui Forestarii jurent, quod secundum omne posse suum tenebunt ejus assisam, qualem eam fecit de forestis suis, & quod non vexabunt milites, neque probos homines de hoc, quod Dominus Rex iis concessit de Boscis eorum. Item praecipit, quod in quolibet Comitatu, in quo venationem habet, ponantur 12. Milites ad Custodiendam venationem suam, & viride in forestis suis, & quod 4. Or Tenents in Military Service, alias Free Tenents. Milites ponantur ad adgistandos Boscos suos, & ad recipiendum pannagium suum, & custodiendum, & defendendum. Item praecipit, quod nullus adgistet Boscos suos infra metas forestae suae, antequam Bosci eorum adgistentur: & est sciendum quod incipit adgistamentum Domini Regis 15 dies ante festum S. Michaelis, & durat 15 diebus post festum S. Michaelis. Item praecipit Rex, quòd si forestarius ejus habet in Custodia sua Dominicos Boscos Regis, et Bosci illi destructi fuerint, et non possit, nec sciat justam causam monstrare, quare Bosci destruantur, nihil aliud capiatur de forestario illo, nisi proprium corpus suum. Item praecipit, quod nullus clericus ei forisfaciat de venatione sua, neque de forestis suis: et praecipit bene forestariis suis, quòd si invenerint eos forisfacientes, non dubitent, in eos manus imponere, ad eos resistendos et capiendos: ipse enim eos inde warentizabit. Item Rex praecipit, quòd omnia es●arta videantur in quolibet 3. anno tam nova, quam vetera intra reguardum, et omnes purpraesturae similiter, et omnia wasta Boscorum, et quòd quodlibet illorum per se imbrevietur. Item Rex praecipit quod Archiepiscopi, Episcopi, Comites, Barones, et Milites, et Livere Tenentes, et omnes homines de terra sua veniant ad summonitionem magistri forestarii sui ad placitanda placita de forestis suis. Prohibendum est etiam ad placita forestae, ne aliqua caretta exeat chiminum in foresta Regis, neque porci sint in ●oresta Regis tempore de Foinesun; Scilicet, 15 diebus ante Nativitatem S. Johannis Baptistae, et 15 diebus post idem festum. Est au●em sciendum quod qui forisfecerit in foresta Regis de venatione sua, et inde attaintus fuerit, erit in misericordia Regis ad oculos et testiculos perdendos. Qui autem forisfecerit in foresta Regis de viridi sive per culpaturam, si ver per esbrancaturam sive per foditionem turvarum sive per escoriationem motae, sive per culpationem de sub, nemore, sive per essartum, sive per novam purpresturam per sepem, vel fossatum, vel per renovationem molendini, vel cursus aquae, vel Bercariae, vel aliarum domorum, vel per foenum fal●andum extra sepes, vel extra fossata; erit in misericordia R●gis de pecunia sua, nisi habet viridarios, vel forestarios Regis ad warrantum. Similiter qui arcus, vel sagittas portaverint, vel canes duxerint sine copula per forestam Regis, et inde attaintus fuerit, erit in misericordia Regis. Statutum etiam est, quod semper in 3. anno fiat visus forestae: in reguardo autem forestae haec supradicta videnda sunt. Et videnda sunt in reguardo nova essarta, et vetera in bladata post ultimum reguardum, et quo blado, vel legumine in bladata sint. Nova autem sarta erunt in manu Regis; si vetera sarta inbladata sunt de frumento, vel siligine, unaquaeque acra dabit Regi 12 denarios de illa vestitura; et si inbladata fuerint de avena vel hordeo, vel fabis, vel pisis, vel alio legumine, unaquaeque acra dabit Regi 6 denarios de illa vestitura. Articles of Pleas of the Crown. THE Judges Itinerant were to hear and determine all Pleas of the Crown New and Old which were not determined before the King's Justices. And all By Assizes here are meant the Ancient Writs by which Actions were brought, either for Right or Propriety, by a Writ of Right or Possession, by a Writ of the Death of an Ancestor, or of Novel Disseisin, by a Writ of that Title, etc. Assizes, Death of Ancestors, Novel Disseisins, and of great Assizes so far as Ten Pounds by the year of Land and downwards, and of Advowsons' of Churches. The Actions of the Great Assise (or a Writ of Right by which the property was tried) was brought by the Mandate or Writ of the King, or his Capital Justice. They were to inquire of vacant and full Churches, which were in the King's Gift, who gave them, and who had them, and what their value. Of the King's Escheats, their value, who had them, and by whom. Of Ladies, Young Gentlemen, and Women, which were or aught to be in the King's Gift, (that is, as to Marriage) what the value of their Lands, and whether they were Married. To whom, by whom, and how long. They were also to inquire, what Widows had not Fined or Compounded for Licence to Marry themselves, and the Fine to be taken to the King's use. Of the King's Lands held by many Men in all Counties for some particular Services performed to the King, see Append. to the Introduction to History, f. 22. A. Serjeanties', who hath them, and from whom, and their value, and who of them contributed toward an Aid to the King, and who not, and let the Fine or Composition for the Aid be taken to the King's use. Of the Usury of Christians, and of their Goods, and what The King had the Goods of Usurers after their Death. Usurers were dead. Of those that were in the King's Mercy and were not amercied, or fined. Of Encroachments upon the King's Lands, his Highways, diverting or stopping Watercourses, encroaching upon Streets in Cities and burgh's, etc. Purprestures, or the King's Ways straightened. Of Tre●sure found. Of Malefactors, and their Receivers. Of Fugitives who had been accused, and were returned since the last Assize. Of all Weights and Measures, and els renewed, and if See the Statute o● Assize of Weights and Measures before. Four Men that were appointed to look after them in every Town (that is, City, Burgh, or market Town) had done as the Statute required, and had attached or prosecuted the Transgressor's or not: if not, they were to be punished as the Transgressor's. All his Wine, that sold contrary to the Assize or Statute, was to be seized to the King's use, and the Owners and Sellers of the Wine were to be in the King's Mercy, (that is, to be punished by him.) They were to inquire how many Hides and Plough-Lands there were in every County, and whether the Officers appointed to assess and collect the five Shillings upon every Ploughland had done their duty, and had received it of all, or concealed any. Of the Officers of Seaports, if they had received any thing they had not given an account of, or taken any thing for concealing the Kings Right, or if any one had received any thing that was not appointed a Receiver. They were to inquire if all came as they ought, that were summoned by the King's Justices, and what they were that came not, and what their Names. Before Hove●. f. 445. b. ●. 30.40. this Iter, or these Circuits of the Justices were over, the Iter or Circuit of the Forests began. The King commanded Hugh Nevil, Chief Justice of All the Forests in England, Hugh Wac, and Ernis Nevil, That in every County through which they went They should Summon to appear before them at the Pleas of the Forest, the Archbishops, Bishops, Earls, Barons, and all Free Tenents, and the Reeve, and Four Men of every Town to Hear the King's Commands. This is the Assize of the Lord the King, and these are his Precepts concerning his Forests in England, made by the Assent and Advice of the Archbishops, Bishops, Earls, Barons, and Knights of the Whole Kingdom. THe King Declares That if any one forfeits to him concerning his Venationem, Venaison, Fren. Venison. Engl. Venison, or his Forests in any thing, he is not to trust to this, That he shall only be punished in his Goods as hitherto. For if after that time any one forfeited and was Convicted, he should have full Justice done upon him, as it was in King Henry his Grandfather's time. That is, he should Lose his Eyes, and Testicles. Also the King forbids that any one have Bowes and Arrows, or Hounds, or Greyhounds within his Forests, unless he had the Kings Warrant, or the Warrant of any other that was of right able to protect him. Also the King forbids, That no man give or sell any thing to the Destruction of his Wood, nor do Waste in his Forest, But he Grants, that any Man may take of his own Wood, as much as he shall have need of, without waist, and this by the oversight of his Forester and Verders. Also the King Commands that they who have Woods within the Bounds of the Forest, do set good Forestarios, must be so translated here, and the word will bear it; for Foresta, in a strict fence, signifies Silua Saltus, etc. Woodmen to look after them, and such as they will be answerable for, or such as can give security to make satisfaction, if they offend in any thing that belongs to the King. Also he Commands that his Foresters, take care of the Woodmen of Knights or others, which have Woods within the Bounds of the King's Forest, that they do not destroy the Woods. For if their Woods were destroyed, he let them know, whose Woods they were, he would take satisfaction of their Lands, and not from any other Person. Also the King Commands, that his Foresters shall Swear that according to their whole power, they shall keep his Assize (or Law) which he hath made concerning his Forests, and that they shall not vex or trouble the Knights, or Worthy men, about what he granted them concerning their Woods. Also he Commands that in every County wherein he hath Venison, there shall be twelve men appointed to preserve his Venison, and Viride, that is the Green-Wood, and Herbage of the Forest. Greenhue in his Forests. And that there shall be Four Knights appointed to Agist his Woods, (that is, take in a certain number of Cattle to feed there a certain time, or to assign the number of Cattle to such as had right to feed in the Forest) and to Receive his Pasnage or Pannage (that is the money due for such feeding) and to preserve it, that it should not be diminished. Also he commanded no man might agist his Woods, (that is, put their cattle into them) within the bounds of his Forest, before their own Woods were agisted. And it is to be noted that the King's Agistment (or right of feeding Catrel in the Woods and Forest) gins fifteen days before Michaelmass, and continues fifteen days Here must be some mistake, but how well to rectify it I know not. after. Also the King Commands, That if his woods that were in his own hands, or in Demeasn were destroyed, and his Forester could not tell how, his Body should be Imprisoned. Also he commanded that no Clerc should offend concerning his Venison, or Forests, and that if his Foresters found them offending they should take them, and he would Warrant them therein. Also the King commanded that all Essarts as well old as new (this is places where underwood, and bushes had been Stubbed up, and the land ploughed and sown) which were within Regard or View of the Forest, should be viewed once in three years, and in like manner all purprestures and Wastes in Woods, and that every one should be in rolled by itself. Also the King Commanded that the Arch-Bishops, Bishops, Earls, Barons, Knights and Free-Tenents, and all men of his land, should come to the Pleas of the Forest at the summons of his Master Forester. It was also forbidden at the pleas of the Forest that no Cart or Wagon should go out of the way in the Forest, nor Hogs be in the Forest at the time of Fannatio, the time when the Does Fawn. Foineson, or Faoneson, from the French Faon, a Fawn. Foinesun; that is to say, fifteen days before St John Baptist, and fifteen days after; and 'tis to be noted that he which takes Venison in the King's Forest, and shall be thereof attainted, shall be in the King's Mercy as to the losing of his Eyes and Testicles, and he that offended in the King's Forest, in the Greenhue or Vert, by chopping down Trees, or lopping of the Branches, by Digging Tarves, or slaying, that is, taking the Green-Sword of the Ground, by cutting away the under part of Thickets, by Essarts, or new purprestures, by hedges or Ditches, by erecting Mills, making new Watercourses, erecting sheep Coates or lodges, or other houses, by mowing Hey beyond the Hedges and Ditches, shall be in the King's mercy for his Goods, unless he hath the King's Verders or Foresters to warrant him. In like manner he that carried Bows and Arrows, or Dogs uncoupled through the King's Forest, and was thereof attainted, was in the King's Mercy. It was also Decreed, that once in three years there should be a view of the Forest; and in the Regard or view of the Forest these things were to be observed; What old or new Essarts were sown since the last review, and with what Grain. The new Essarts were to be taken into the King's hand. If the Old Essarts were sown with Wheat or Rie, every Acre was to yield the King twelve pence for that Crop, and every Acre that was sown with Oats, Barly, Beans, or Pease, was to yield the King six pence for that Crop. Omnibus Christi fidelibus clerus totius Normanniae Salutem. Rad. de Diceto, Col. 657. n. 40. A.D. 1190. AD universitatis vestrae notitiam volumus pervenire, contentionem motam inter matrem nostram Rothomagensem Ecclesiam, procurante N. 79 eam in absentia reverendi patris nostri W. Archiepiscopi J. de Constantiis Rothomagensi Decano, & Willielmum filium Radulfi Seneicallum Normanniae: super quibusdam capitulis de quibus Ecclesia Dei conquerebatur, sub praesentia nostra, & baronum Domini Regis, assistentibus quoque quam pluribus Normanniae ministris, hoc tandem sine conquievisse. 1. Inprimis, determinatum est de clericis, quod nulla occasione à secularibus potestatibus capientur, nisi pro homicido, furto, & incendio, vel hujusmodi enormi flagitio quod ad placitum gladii pertineat, & tunc cum requisiti fuerint ab Ecclesiasticis judicibus quieti reddentur in Ecclesiastica curia judicandi. 2. Item, generaliter omnes de fidei laesione, vel juramenti transgressione quaestiones in Ecclesiastico foro tractabuntur. Super treugae vero violatione antiqua consuetudo, & Cartarum H. & R. illustrium regum Angliae tenor observabitur. 3. Item, Quaestiones de dote vel donatione propter nuptias quando mobilia vel se moventia petentur, ad Ecclesiam referentur. Quaestio vero super eisdem de immobilibus, Dominis nostris Regi & Archiepiscopo determinanda reservatur. 4. Item, In Conventualibus Ecclesiis, Abbates, vel Priores, aut Abbatissae cum assensu Diocesani Episcopi eligentur. 5. Item, Nulla fiet recognitio in foro Seculari super possessione quam viri religiosi, vel quaecunque Ecclesiasticae personae xx. annis vel amplius possederint. Similiter nulla fiet recognitio si carta vel alio modo eleemosinatam esse possessionem probare poterint. Sed ad Ecclesiasticos Judices remittentur. 6. Item, distributio eorum quae in testamento relinquuntur auctoritate Ecclesiae fiet, nec decima pars ut olim subtrahetur. De bonis vero clericorum etsi dicantur fuisse usurarii, vel quocunque genere mortis praeventi, nihil pertinet ad secularem potestatem, sed Episcopali auctoritate in pias causas distribuentur. 7. Item, Quicquid laici in vita sua donaverint vel quocunque titulo à se alienaverint, etsi usurarii fuisse dicantur, post mortem non revocabitur. Quae vero post mortem non alienata invenientur, sed recognitum fuerit ipsos tempore mortis fuisse usurarios, confiscabuntur. 8. Item, Si mortuus· habuerit aliquod vadium unde sortem suam perceperit, portio ipsius libera ad eum qui invadiavit, vel ad haeredes ipsius revertetur. Idem fiet de portionibus uxoris & filiorum ejus post mortem ipsorum. Si quis vero subitanea morte vel quolibet alio fortuito casu prae●ccupatus fuerit, ut de rebus suis disponere non possit, distributio bonorum ejus ecclesiastica auctoritate fiet. Epistola Galfridi de quadragesimâ parte redituum colligenda, in Subventionem terrae Sanctae. GAlfridus silius Petri Comes Essexae universis Vicecomitibus balliae suae, Salutem. Sciatis, quod Dominus Rex Angliae, ad instantiam, Hoved. f. 471. a. n. 10. N. 80 & praedicationem cujusdam Cardinalis à summo Pontifice missi in Franciam, de Consilio magnatum suorum de partibus transmarinis concessit ad Sanctée Jerusalem subsidium quadragesimam partem Valoris omnium redituum, & terrarum suarum unius anni, tam de Wardis, quam de excaetis in manu suà existentibus. Quod etiam ipsi magnates sui ultra mare voluntarie concesserunt. Ad eorum etiam instantiam scripsit Dominus Rex omnibus Angliae Magnatibus per literas patentes; rogans, & inducens eos, quatenus puro corde, & Charitatis intuitu idem illud de valore omnium redituum, & terrarum suarum unius anni concederent; quod quidem nec. debito, nec de consuetudine, nec de coactione, nec de aliqua alia Authoritate Apostolica conceditur, vel postulatur. Vnde praecipit, quod omnes Comites & Barones de qualibet balliva in primis admoneantur, & inducantur diligenter, quatenus pro se hanc Collectam faciant in terris suis hoc modo; scilicet, ut quilibet quadragesimam partem valoris cujuslibet villae suae, sicut posset poni ad firmam per annum. Et si in eadem villa fuerint per seruítiùm Militare tenentes, dent quadragesimam portionem modo praedicto; si autem fuerint libere tenentes, similiter dent eandem portionem modo praedicto, computato reditu, quem dominis suis solverint per annum. Hanc autem collectam colligi faciant per tam discretos, & legales, qui ad hoc possint, & sciant sufficere, qui eam recipiant tam de Comitibus, quam de Baronibus praedictis. Et postquam per manus eorum fuerit collecta, receptores praedictae collectae faciant in scriptum redigi distincte, & aperte, quantum de quolibet receperint, tam de Comitibus, quam de Baronibus, & Militibus, & libere tenentibus; & nomina singulorum, & villarum, quantumcunque de singulis villis, & quorum quaelibet sit, imbreviari faciant. Summam autem de Dominicis, & de wardis, & excaetis, & reditibus Domini Regis faciant separatim imbr●viari. Si quis vero clericus laicum feodum habuerit in ballia aliqua, vel homines tenentes laicum feòdum, in eorum terris siat haec collecta per praedictos Collectores modo praedicto. De terris autem cruce signatorum praedicta collecta fiat modo praedicto, ita tamen quod eorum pecunia separatim reponatur ab alia; & summa pecuniae, & nomina singulorum, quorum ipsa pecunia fuerit, subscribantur; ut illi qui iter arripuerint, p●cuniam suam promptè recipiant. Provideatur autem, quod pecunia illa sit collecta, ita quod unusquisque Vicecomes simul cum Collectoribus habeat eam apud Novum Templum Lundoniae à die Sancti Hilarii in quindecim dies, & imbreviamentum modo praedicto ordinatum, viz. de summa pecuniae, & nominibus eorum, qui èam dederint, & nominibus Villarum, de quibus data fuerit pecunia praedicta, & quantum de qualibet datum fuerit. Si qui autem contra dixerint huic collect●e assensum praebere, nomina eorum imbrevientur, & coram nobis repraesententur apud Lundoniam ad terminum praedictum, & hoc breve, & nomina collectorum ibidem habeantur. Valete. Mat. Paris, f. 214.11.40. MAjores ecclesiae causas ad sedem Apostolicam referendas; & Canonica N. 81 tradit authoritas, & approbata consuetudo declarat. Cum igitur inter vos & dilectos filios nostros Priorem & Monachos Cantuariensis Ecclesiae, super jure illius Archiepiscopi eligendi controversia verteretur: proponentibus vobis quod tum ex jure communi, tum ex antiqua consuetudine, una cum illis debetis ipsius Archiepiscopi electionem celebrare. Illis autem è contrario respondentibus, quòd de jure communi & privilegio speciali, & de consuetudine approbata & antiqua; Cantuariensem Archiepiscopum eligere deberent sine vobis: Lite coram nobis per procuratores idoneos super hoc legitime contestata, diligenter audivimus, quae partes in praesentia nostra proponere curaverunt. Pars siquidem vestra & deereta pariter & exempla studuit allegare; quosdam testes producens, & testimoniales literas exhibens, quibus ostendere nitebatur, quod vos tres Metropolitanos elegeratis una cum illis: cum per literas & attestationes sit probatum, vos & alio loco & alio tempore non sine illis, electiones hujusmodi celebrasse. Testes autem producti ex parte Monachorum, legitime probaverunt, quod Prior & Conventus Cantuariensis Ecclesiae, à longis retro temporibus electiones Episcoporum in Capitulo suo, sine vobis usque ad haec tempora celebrarunt: & easdem obtinuerunt à sede Apostolica confirmari. A nobis etiam & praedecessoribus nostris, per privilegii paginam est statutum; ut decedente Archiepiscopo Cantuariensi, nullus ibi qualibet surreptionis astutia seu violentia praeponatur: nisi quem communi consilio major pars Monachorum Consilii sanioris, secundum Dominum & sacrorum Canonum sanctiones providerit eligendum. Nos igitur his & aliis, quae coram nobis allegata sunt, auditis & perspicaciter intellectis; quia constat evidenter, quod vos sine illis secundum assertionem vestram eligere non debetis, Monachis exclusis, vestra non valet electio; & electio Monachorum sine vobis celebrata, quia à sede Apostolica meruit confirmari, valebat. Cumque necessarium fuerit alterutrum confirmare; de communi fratrum nostrorum Consilio, vobis & successoribus vestris super jure Cantuariensem Archiepiscopum eligendi, silentium perpetuum imponimus; & Monachos Cantuarienses ab impetitione ac molestatione vestra & successorum vestrorum per sententiam definitivam absolvimus. Authoritate Apostolica decernentes, ut Monachi Cantuariensis Ecclesiae & Successores, eorum de caetero Archiepiscopum eligant sine vobis. Datum Romae apud Sanctum Petrum, duodecimo Kalendas Januarii; Pontificatus nostri anno nono. SAnctissimo Patri & Domino Innocentio Dei gratia summo Pontifici, Johannes eadem gratia Rex Angliae, etc. Pat. 8. & 9 Johannis M. 4. n. 18. Destinamus ad pedes Sanctitatis vestrae latores praesentium, nuncios nostres attentius rogantes N. 82 quatenus dignitates quas nos et Antecessores nostri habuimus super provisionibus tam Ecclesiae Cantuariensis quam aliarum Cathedralium sedum quod nobis per literas Episcoporum Angliae, et aliorum fide dignorum constare poterit, integras et illaesas conservare velitis et Ecclesiae Anglicanae et Regno in Arcto constitutis, paterna provisione providere. Teste G. filio Petri Comite Essex apud Poret. Vicesimo sexto die Maii. REx omnibus, etc. Pat. 8. & 9 Johannis M. 3. Dorso. Sciatis quod per commune consilium et assensum Concilli nostri apud Oxonium provisum est ad defensionem regni nostri et recuperationem juris nostri concessum est quod quilibet N. 83 laicus homo totius Angliae de cujuscumque feodo sit, qui habet in Anglia redditus et catalla det nobis in auxillium de unaquaque mercata redditus sui annualis duodecim denarios et de unaquaque mercata cujuslibet catalli mobilis quam habuit in Octabis Purificationis Beatae Mariae scilicet ad terminum Concilii, duodecim denarios et sic secundum plus et minus; et omnes Senescalli et Ballivi Comitum et Baronum jurabunt coram Justiciariis nostris de valentia reddituum et Catallorum mobilium dominorum suorum et de suis propriis similiter. Et quilibet homo pratèr Comites et Barenes jurabit de suis propriis redditibus et catallis secundum quod Commissioners. Justiciarii nostri ad hoc transmissi utilitati nostrae melius viderint expedire. Et si aliquis convictus fuerit quod ad evitandum commodum nostrum fraudulenter amoverit catalla sua vel in aliquo loco celaverit vel in alicujus alterius potestate posuerit, vel minus quam valuerint appreciaverit, omnia catalla ejus capientur ad opus nostrum quieta, et corpus ejus in prisonam nostram ponetur, donec per nos deliveretur. Quodlibet autem hundredum in Comitatu nostro imbrevietur per se et quaelibet parochia in quolibet Hundredo per se. Ità quod Justiciarii nostri sciant de qualibet villa per se respondere. Cum autem Justiciarii nostri auxilium ●stud in quolibet hundredo, Civitate, vel villa assederint statim transcribere facient a rot●lis suis omnes particulas auxilii assisi et liberetur Vicecomiti Comitatus colligendum per terminum quindenae in quindenam cum omni festinatione, et Justiciarii nostri rotulos suos salvo penes se custodiant donec ad nos eas afferant. Statutum est etiam quod omnes Clerici nostri, et omnes Justiciarii nostri, et Clerici eorum et omnes qui se in aliquo de negotio isto intromittent jurabunt quod fideliter ex toto posse suo hoc negotium facient, sicut constitutum est, et quod pro nulla re hoc omittent. Praecipimus autem super vitam et membra quod quilibet denarius bonus et de legali pondere capiatur, quamvis non sit novus tam ad opus nostrum quam ad omnium al●orum regni nostri. Ad hoc autem auxilium in Comitatu vestro assidendum mittimus loco nostro Robertum de Berkeley, Ricardum de Mucegros, W●liielmum de Falen. Magistrum R. de Gloceslr. Walterum de A●ra, Adamum filium Nigelli, etc. Et vobis praecipimus quod eye de hoc tanquam nobis sitis intendentes. Teste me ipso apud Northampton. xvii die Februarii. ●at. Paris, ●●. n. 10. INnocentius Papa tertius, johanni Regi Anglorum, etc. Inter opes terrenas, quas mortalis oculus concupiscit & quasi cariora desiderat, N. 84 aurumobrizum & lapides pretiosos principatum credimus obtinere. Licet autem his & aliis divitiis, vestra Regalis abundet excellentia; in signum tamen dilectionis & gratiae, quatuor annulos aureos cum diversis lap dibus preti●sis, tuae magnitudini destinamus. In quibus te volumus specialiter intelligere formam, numerum, materiam & colorem, ut mysterium potius quam donum attendas. Rotunditas enim aeternitatem significat, quae initio caret & sine. Habet ergo Regalis discretio quod in forma requirat: ut de terrenis transeat ad coelestia, de temporalibus ad aeterna procedat. Quaternarius autem qui numerus est quadratus, constantiam mentis significat; quae nec deprimi debet in adversis, n●c in prosperis elevari: quod tunc laudabiliter adimplebit, cum quatuor virtutibus principalibus fuerit ordinata; videlicet Justitia, Fortitudine, Prudentia, Temperantia. Intelligas ergo in primo Justitiam, quam exerceas in judiciis; in secundo Fortitudinem, quam exhibeas in adversis; in tertio prudentiam, quam observes in dubiis; in quarto Temperantiam, quam in prosperis non demittas. Per aurum vero Sapientia designatur: quia sicut aurum praeminet metallis universis, sic sapientia donis omnibus antecellit, Propheta testante: Requiescet super eum Spiritus Sapientiae, etc. Nihil est autem quod Regem magis oportet habere. Vnde Rex ille pacificus Solomon, solam à Domino sapienti●m postulavit, ut populum sibi commissum perinde sciret gubernare. Porro Smaragdi viriditas, fidem; Saphiri serenitas, spem; Granati rubicunditas, Charitatem; Topatii claritas, operationem bonam significat, de qua Dominus, Luceat Lux vestra. Habes igitur in Smaragdo quod credas, in Saphiro quod speres, in Granato quod diligas, in Topatio quod exerceas, ut de virtutue in virtutem ascendas, donec Dominum Deorum videas in Zion. ●at. 9 Johan●is Regis, M. 3. ●. 22. REx, etc. Londoniensi, Elyensi, & Wigorniensi Episcopis, Salutem. Sciatis quod parati sumus obedire Domino Papae sicut debemus, N. 85 & mandatum ejus super negotio Cantuariensis Ecclesiae ad nos directum, quod nobis ostendistis implere, cum Consiho fidelium nostrorum sicut decet, secundum rationem: Salvis nobis in omnibus & haeredibus nostris, in jure nostro, & dignitate nostra, & libertatibus nostris. Testibus G. filio Petri, Comite Essex, R. Comite Cestriae, W. Comite Arundel, W. Comite Sarisburiensi, Fratre nostro, R. Comite de Clara, S. Comite Winton, A. Comite Oxon, Roberto filio Rogeri, R. Constabulario Cestriae, W. Briewer, apud Lameh. vicesimo primo die Januarii. Pat. 9 Johan. Regis, M. 2. n 7 REx, etc. W. Londoniensi Episcopo, etc. Mandamus vobis quod literas N. 86 nostras patentes quas fecimus vobis & sociis vestris, executoribus mandati Apostolici super negotio Cantuariensis Ecclesiae adimplendo, salvo jure et dignitate nostra, trada●is Justiciario nostro G. filio Petri. Et in hujus rei testimonium vobis has literas nostras Patentes inde Mittimus. Teste meipso apud Suhant, Vicesimo tertio die Martii. REx Fulconi de Kantilup et Reginaldo de Cornhul, etc. Pat. 9 Johannis, M. 3 n. 21. Sciatis quod commisimus Magistro Radulpho de Sancto Martino, et Roberto N. 87 de London tustodiam Ecclesiae Christi Cantuàriae, cum omnibus quae ad interiora ejusdem Ecclesiae spectant et commisimus eidem Roberto et Henrico de Sandwic tustodiam omnium Maneriorum Prioratus ejusdem Ecclestae cum omnibus pertinentiis suis. Et commisimus praedictis Magistro Radulpho et Roberto et Radulpho de Arden custodiam omnium maneriorum Archiepiscopatus Cantuariensis cum omnibus pertinentiis suis quamdiu nobis placuerit. Et ideo vobis mandamus quod ea illis tanquam Custodibus nostris statim visis literis istis ita liberari faciatis et bene imbreviari omnia quae eis liberaveritis. Teste filio Petri apud Westmonasterium Vicesimo tertio die Januarii Anno Regni nostri nono. REx omnibus hominibus totius Kantiae, etc. Pat. 9 Johannis. M. 2. n. 15. Sciatis quod Magister Simon de Langeton venit ad nos apud Winton die Mercurii proximo N. 88 ante mediam quadragesinam, et coram Episcopis nostris rogavit nos quod Magistrum Stephanum de Langeton fratrem suum reciperemus in Archiepiscopatum Cantuariensem & cum loqueremur ei, de salvanda nobis in hac dignitate nostra. Dixit nobis, quod nichil. Nobis inde saceret, nisi ex toto poneremus nos in misericordiam suam. Hoc autem vobis mandamus, ut Sciatis malum et injuriam nobis in hac parte factam & mandamus vobis quod credatis hiis quae Reginaldus de Cornhul vobis dixerit ex parte nostra de facto praefato ibidem inter nos & praedictos Episcopos & ipsum Simonem facto & de faciendo super hoc praeceptum nostrum. Teste meipso apud Winton. decimo quarto die Martii. REx, etc. Roberto Lupo, et G. de Serland. Claus. 9 Johannis Regis. M. 5. Sciatis quod reddidimus Domino Wintoniensi Episcopo, Episcopatum Wintoniae, & omnes terras, res, redditus & possessiones suas, & wardas suas, et omnia N. 89 sua capta in manum domini Regis, occasione Interdicti. Et ideo vobis mandamus, quod ei Episcopatum suum, et omnia sua in Balliva tua habere faciatis, et in pace terrae faciatis; Retentis in manu nostra, terris, redditibus, et rebus omnibus Abbatum, Priorum, et domorum Religiosarum, et etiam Clericorum de Episcopatu suo. Teste W. Briwer. apud Waverle, Quinto die Aprilis. Sub eadem forma scribitur aliis in quorum Ballivis habet terras, res vel tenementa. REx H. de He was Sheriff of Hampshire. Claus. 9 Johannis, M. 3. Nevil, etc. Mandamus vobis quod permittas Domino Winton Episcopo habere in bona pace omnes terras tes & redditus Prioratus Winton captas in manum nostram in Balliva vestra occasione N. 90 Interdicti, & si quid inde amotum est occasione illa id eis sine dilatione integre reddi faciatis. Teste W. Briwer apud Merleb. 10. die Aprilis. Eodem modo scribitur aliis in quorum Ballivis habet terras. Claus. 9 Johannis, M. 5. MAndatum est Roberto de Burgata, quod faciat habere Episcopo N. 91 Norwicensi, totum Regale, quod ad Episcopatum suum pertinet, & omnia Maneria sua, & omnes terras & wardas suas, & omnia sua capta in manu Domini Regis occasione Interdicti, retentis in manu Domini Regis omnibus terris, redditibus, & rebus omnium Abbatum, Priorum & virorum Religiosorum, & etiam Clericorum de Episcopatu suo. Mandatum est etiam eidem quod faciat habere Comiti Rogero omnes redditus, & res Clericorum habentium redditus de feudo suo, & donatione sua, & omnes terras, redditus, & res Abbatum de feudo suo, si alicujus Crocia signifies often a Pastoral Staff. Crotiae habent de dono suo, & Priorum seu cujuscunque domus religiosae si sit de dono suo, quia ipse Domino Regi inde respondebit. Pat. 9 Johannis, n. 11. REx omnibus de Episcopatu Lincolniensi Clericis & Laicis salutem. N. 92 Sciatis quod à die Lunae proximo ante florid. Pasch. commisimus W. de Cornhull Archidiacono de Huntingdon & Gerar. de Camvilla omnes terras & res Abbatum & Priorum & omnium Religiosorum & etiam Clericorum de Episcopatu Lincolniensi qui divina extunc celebrare noluerint & mandamus vobis quod eis extunc sicut Ballivis nostris sitis intendentes & credatis eis de hiis quae vobis inde dixerint interim ex parte nostra. Teste meipso apud Clarend. decimo octavo die Martii. Sub eadem forma scribitur omnibus de Episcopatu Elyensi quod sint intendentes ab illo die Comiti Sarr. PRaecipimus tibi quod clamari facias sine dilatione per Comitatum tuum quod nulli sicut diligunt corpora sua & catalla malum faciant N. 93 vel dicant viris Religiosis vel Clericis contra pacem nostram, Rot. Claus. 9 Johannis M 3. & si quem inde attingere possimus ad proximam quircum eum suspendi faciemus. Teste meipso apud Merleb. undecimo die Aprilis. This Writ hath no particular Direction to any Person, but probably it might be to Hen. de Nevil, Sheriff of Hampshire, mentioned Number 90: for this is the next Record to that upon the Close Roll, and is dated at the same place, and the next day after. MAndatum est omnibus Vicecomitibus Angliae, quod permittant, Claus. 9 Johan. Regis M. 10. Dor. Archiepiscopos, Episcopos, Abbates, Priores & omnes viros Religiosos, & omnes Clericos vendere blada sua per From the Greek Sagma, a Burden, whence Salma, Sàuma, Somma, Summa, the French Saume, and perhaps our Saxon Seam, a Load or Burden, which now is usually taken for a Quarter of Grain; hence Equus Sagmarius, Saumarius, Soumarius, Sommarius, Summarius, a Summer, or as we corruptly call it, a Sumpter Horse. summas, usque ad N. 94 festum Sanctae Catharinae. JOhannes Rex Angliae, etc. Summone per bonos summonitores, Mat. Paris, f. 233. n. 50. Comites, Barones, Milites, & omnes liberos homines & servientes, vel N. 95 quicunque sint, & de quocunque teneant, qui arma habere debent, vel arma habere possint, & qui homagium nobis vel ligantiam fecerunt. Quod sicut nos & seipsos & sua omnia diligunt, sint apud Doveram ad instans clausum Pascha, bene parati cum equis & armis, & cum toto posse suo ad defendendum caput nostrum, & capita sua, & terram Angliae. Et quod nullus remaneat qui arma portare possit, sub nomine Culvertagí● & perpetuae servitutis. Et unusquisque sequatur Dominum suum, & qui terram non habent & arma habere possint, illuc veniant ad capiendum solidatas nostras. Et tu omnem attractum victualium, & omnia mercata Bailivarum tuarum venire facias & sequantur exercitum nostrum, ita quod nullum mercatum de Bailivis tuis alibi teneatur; & tu ipse tunc sis ibi cum praedictis Summonitoribus. Et scias quod scire volumus, quomodo venerint de Bailivis tuis, & qui venerint & qui non. Et videas quod tu ita effortiate venias cum equis & armis, & haec ita exequaris, ne inde ad corpus tuum nos capere debeamus. Et tu inde habeas Rotulum tuum, ad nos certificandum qui remanserint. JOhannes Dei gratia Rex Angliae, omnibus praesentes literas inspecturis, Mat. Paris, f. 235. n. 10.20. etc. Salutem. Per has patentes literas, sigillo nostro munitas, volumus esse notum, quod nobis praesentibus hi quatuor Barones nostri, Willielmus scilicet N. 96 Comes Saresberiae frater noster, & Reginaldus Comes Bononiae, Willielmus Comes Warrennae, & Willielmus Comes de Ferrariis, juraverunt in animam nostram, quod nos subscriptam pacis formam bona fide per omnia curabimus observare. In primis itaque solenniter & abs lutè juravimus stare mandatis Domini Papae, Coram ejus Legato aut nuncio, super omnibus, pro quibus excommunicati sumus ab ipso; & veram pacem & plenam securitatem praestabimus venerabilibus viris, Stephano Cantuariensi Archiepiscopo, Willielmo Londinensi, Eustachio Elyensi, Aegidio Herefordensi, Jocelino Bathoniensi, & Huberto Lincolniensi Episcopis, Priori quoque & Monachis Cantuariensibus, & Roberto filio Walteri, & Eustachio de Vesci, nec non & caeteris Clericis & Laicis ad hoc negotium contingentibus: praestando simul coram eodem Legato vel Delegato publice juramentum; quòd ipsos cum suis nec laedemus, nec laedi faciemus, vel permittemus in personis vel rebus, illisque dimittemus omnem indignationem, & in gratiam nostram eosdem recipiemus, ac tenebimus bona fide: quodque praefatos Archiepiscopum & Episcopos non impediemus, nec faciemus, vel permittemus aliquatenus impediri, quo minus ipsi libere suum exequantur officium, & plenae jurisdictionis suae authoritate, prout debent, utantur. Et super his, tam Domino Papae, quam ipsi Archiepiscopo & singulis Episcopis, nostras patentes literas exhibebimus, facientes ab Episcopis & Comitibus & Baronibus nostris, quot & quos praefati, Archiepiscopus & Episcopi postulant juramenta, & eorum patentes literas exhiberi, quod ipsi bona fide studebunt, ut haec pax & securitas firmiter observetur. Et si forte, quod Deus avertat, per nos ipsos vel alios contra venerimus, ipsi pro Ecclesia, contra violatores securitatis & pacis, mandatis Apostolicis inhaerebunt, nosque perpetuò vacantium Ecclesiarum custodias amittamus. Quod si forte nequiverimus ad hanc ultimam partem juramenti eos inducere, videlicet quod si per nosmet ipsos, vel alios contra venerimus; ipsi pro Ecclesia contra violatores pacis & securitatis, mandatis Apostolicis inhaerebunt. Nos propter hoc Domino Papae, ac Ecclesiae Romanae per nostras patentes literas obligavimus omne jus Patronatus, quod habemus in Ecclesiis Anglicanis. Et sic omnes literas quae pro securitate praedictorum sunt exhibendae, praefatis Archiepiscopo & Episcopis ante suum ingressum in Angliam transmittemus. Si vero nobis placuerit, saepe fatus Archiepiscopus & Episcopi praestabunt salvo honore Dei & Ecclesiae, juratoriam cautionem & literatoriam, quòd ipsi nec per se nec per alium contra personam nostram vel coronam nostram aliquid attentabunt, nobis praedictam eis pacem & securitatem servantibus illibatam. De ablatis autem plenam restitutionem, & de damnis recompensationem sufficientem omnibus impendemus, tam Clericis quam Laicis ad hoc negotium pertingentibus, non solum rerum, sed omnium libertatum, & restitutas conservabimus libertates. Archiepiscopo quidem & Episcopo Lincolniensi à tempore suae consecrationis; aliis autem à tempore discordiae inch●atae. Nec obstabit aliqua pactio vel promissio seu concessio, quo minùs & damna recompensentur et restituantur ablata, tam vivorum quàm et defunctorum. Nec aliquid retinebimus praetextu servitii, quod nobis debucrat impendi, sed postea nobis debita pro servitio recompensatio tribuetur. Statimque omn●s quos detinemus Clericos, faciemus absolutos dimitti, ac restitui propriae libertati, cum laicis qui hujus occasione negotii detinentur. Incontinenti quoque post adventum illius qui nos debet absolvere, faciemus de parte restitutionis ablatorum octo millia librarum legalium Esterlingorum pro solvendis debitis, et faciendis expensis nunciis praedictorum Archiepiscopi et Episcoporum et Monachorum Cantuariensium assignari; sine impedimento quolibet per potestatem nostram ad eos libere deferendorum, ut expediti veniant in Angliam honorifice revocati; videl cet Stephano Cantuariensi Archiepiscopo, duo millia et quingentas libras; Willielmo Londinensi septingentas et quinquaginta libras, Eustachio Elyensi septingentas & quinquaginta libras, Jocelino Bathoniensi septingentas & quinquaginta libras, Huberto Lincolniensi septingentas & quinquaginta libras, Priori & Monachis Cantuariensibus mille libras. Et protinus postquam pacem illam duxerimus acceptandam, assignari faciemus absque mora, Archiepiscopo & Episcopis, Clericis ac Ecclesiis universis, in manibus nunciorum vel procuratorum ipsorum, mobilia omnia cum administratione libera eorundem, & in pace dimitti. Interdictum vero Utlagatio vulgariter nuncupatum, quod proponi fecimus contra Ecclesiasticas personas, publice revocabimus, protestando per nostras patentes literas Archiepiscopo tribuendas, id ad nos nullatenus pertinere; quodque illud de caetero contra Ecclesiasticas personas, nullatenus faciemus proponi: revocantes praeterea utlagationem laicorum ad hoc negotium pertinentium, & remittentes omnia quae post interdictum recepimus ab hominibus Ecclesiasticis, praeter regni consuetudinem et Ecclesiae libertatem. Si vero super damnis vel ablatis, aut eorum quantitate, vel aestimatione, quaestio fuerit de facto suborta; per Legatum vel Delegatum Domini Papae, receptis probationibus terminetur. Et his omnibus rite peractis, relaxabitur sententia Interdicti: Super caeteris autem capitulis, si que fuerint dubitationes subortae, de quibus merito debeat dubitari, nisi per Legatum vel Delegatum Domini Papae, de partium fuerint voluntate Sopitae, ad ipsius referantur arbitrium, ut super his quae ipse decreverit, observentur. Teste meipso, apud Doveram, decima tertia die Maii, Anno regni nostri decimo quarto. REx Stephano Dei gratia Cantuariensi Archiepiscopo, Pat. 15. Johannis parte prima n 84. totius Angliae Primati, & Sanctae Romanae Ecclesiae Cardinali salutem. Sciatis quod secundum formam mandati Domini & Venerabilis Patris N. 97 nostri Innocentii Dei gratia summi Pontificis veram pacem ac plenam securitatem vobis praestamus, nec non caeteris tam Clericis quam Laicis hoc negotium quod inter nos & Ecclesiam Anglicanam versatam est contingentibus nec vos nec vestros laedemus, vel laedi faciemus, ant permittemus, in personis vel rebus, vobisque dimittimus omnem indignationem & in gratiam nostram vos recipimus & te●ehimus bond side & quod vos non impediamus, nec faciemus aut permittemus aliquatinus impediri quo minus vestrum libere exequamini officium, & plena jurisdictionis vestrae auctoritate prout debetis utamini. Et super hiis vobis juramenta & litteras patentes sidelium nostrorum venerabilium Patrum Domini H. Dublinensis Archiepiscopi, Petri Wintoniensis, Johannis Norwicensis, Episcoporum, & praeterea duodecim Baronum nostrorum, scilicet, Galfridi filii Petri Comitis Essex, Justiciarii nostri, Reginaldi Comitis Boloniae, Ranulphi Comitis Cestriae, Willielmi Comitis Marescalli, Comitis Penbroc, Willielmi Comitis Warennae, Willielmi Comitis Arundel, Willielmi C●mitis de Ferrariis, Willielmi Briwer, Roberti de Ros, Gileberti filii Re●nfri, Rogeri de Mortuo mari, et Petri filii Hereberti fecimus exhib●ri quod ipsi bona fide studebunt ut haec pax & securitas firmiter observetur; et si forte, quod Deus a vertat, per nos ipsos, vel alios contra venerimus, ipsi pro Ecclesia contra violatores securitatis & pacis ma●datis Apostolicis inhaerebunt. Nosque perpetuo Ecclesiarum v●cantium custodiam amittamus. Et ideo vos rogamus quod ad nos secure et sine dilatione in Angliam venire festinetis. Si quid vero in hoc scripto omissum fuerit, vel minus plene factum cum in Angliam veneritis id secundum formam mandati Apostolici perficietur. Et in hujus rei testimonium, etc. Testibus H. Dublinensi Archiepiscopo, Petro Wintoniensi Episcopo, Galfrido filio Petri, Willielmo Marescallo Comite Penbroc apud Templum de Ewell; Vicesimo quarto die Maii, Anno Regni nostri decimo quinto. Eodem modo scribitur singulis Episcopis ultra mare existentibus cum Archiepiscopo scilicet Londinensi, Herefordensi, Elyensi, Bathoniensi, Lincolniensi Episcopis, et Priori et Monachis Cantuariensibus. Pat. 15 Johan. parte prima, n. 1. Dorso. VEnerabili in Christo Patri Stephano Dei gratia Cantuariensi Archiepiscopo totius Angliae Primati et Sanctae Romanae Ecclesiae Cardinali, N. 97 Galfridus filius Petri Comes Essex, Reginaldus Comes Boloniae, Ranulphus Comes Cestriae, Willielmus Marescallus Comes Penbroc, Willielmus Comes Warennae, Willielmus Comes Arundel, Willielmus Comes de Ferrariis, Willielmus Briwer, Robertus de Ros, Gilebertus filius Reinfry, Rogerus de Mortuo mari, & Petrus filius Hereberti salutem et debitam Reverentiam. Sciatis quod bona fide studebimus quod Dominus noster Iohannes Rex Angliae pacem et securitatem vobis et aliis tam Clericis quam Laicis negotium quod inter Anglicanam Ecclesiam et ipsum Regem versatum est contingentibus, firmiter observabit secundum formam pacis à Domino Papa ei transmissam et ab eo acceptatam. Et si forte, quod Deus avertat, Rex ipse vel aliquis alius ex parte sua convenerit nos pro Ecclesia, contra violatores securitatis, et pacis, mandatis Apostolicis inhaerebimus et ipse perpetuo Vacantium Ecclesiarum Custodiam amittat. Praeterea promittimus quod si quid omissum est, vel minus plene factum circa hoc negotium in hoc scripto propter accelerationem adventus vestri in Angliam, id post adventum vestrum secundum formam praedictam perficietur. Et in hujus rei testimonium, etc. Valete in Domino. Haec autem omnia supradicta nos firmiter observaturos, noveritis nos de mandatis Domini Regis tactis sacro-sanctis spontanea voluntate corporali Sacramento firmasse. Eodem modo scribitur singulis Episcopis cum Archiepiscopo existentibus, scilicet, Londinensi, Herefordensi, Elyensi, Bathoniensi, et Lincolniensi, et Priori et Monachis Cantuariensibus. JOhannes Dei gratia Rex Angliae, Mat. Paris, f. 236. n. 40. & caetera omnibus Christi fidelibus hanc Chartam inspecturis, salutem in Domino. Universitati vestrae N. 98 per hanc Chartam sigillo nostro munitam, volumus esse notum, quòd cùm Deum & Matrem nostram Sanctam Ecclesiam offenderimus in multis, & proinde divina misericordiâ plurimùm indigeamus, nec quid dignè offerre possimus pro satisfactione Deo & Ecclesiae debitâ faciendâ nisi nosmetipsos humiliemus & regna nostra: volentes nosipsos humiliare, pro illo qui se pro nobis humiliavit usque ad mortem, gratia Sancti Spiritus inspirante, non vi interdicti, nec timore coacti, sed nostra bona spontaneaque voluntate, ac communi consilio Baronum nostrorum conferimus, & liberè concedimus Deo & Sanctis Apostolis ejus Petro & Paulo & Sanctae Romanae Ecclesiae matrone nostrae; ac Domino Papae Innocentio, ejusque Catholicis Successoribus; totum regnum Angliae & totum reguum Hyberniae, cum omni jure & pertinentiis suis, pro remissione omnium peccatorum nostrorum, & totius generis nostri, tam pro vivis quàm pro defunctis; & amodò illa ab eo & Ecclesia Romana, tanquam secunoar us recipientes & tenentes; in praesentia prud●ntis viri Pandulphi Domini Papae subdiaconi & familiaris. Exinde praedicto Domino Papae Innocentio, ejusque Catholicis Successoribus, & Ecclesiae Romanae, secundum subscriptam formam fecimus & juravimus, & homagium ligium in praesentia Pandulphi: Si coram Domino Papa esse poterimus, eidem faciemus: Successores nostros & haeredes de uxore nostra in perpetuum obligantes, ut simili modo summo Pontifici qui pro tempore fuerit, & Ecclesiae Romanae, sine contradictione debeant fidelitatem praestare & homagium recognoscere. Ad indicium autem hujus nostrae perpetuae obligationis & concessionis, volumus & stabilimus, ut de propriis & specialibus redditibus nostris praedictorum regnorum, pro omni servitio & consuetudine quae pro ipsis facere debemus, salvis per omnia denarils beati Petri, Ecclesia Romana mille Marcas Esterlingorum percipiat annuatim: in festo scilicet Sancti Michaelis quingentas Marcas, & in Pascha quingentas, septingentas scilicet pro regno Angliae, & trecentas pro regno Hyberniae: Salvis nobis & haeredibus nostris, justities, libertatibus, & regalibus nosiris. Quae omnia sicut supra scripta sunt, rata esse volentes atque firma, obligamus nos & successores nostros contrà non venire; & si nos vel aliquis successorum nostrorum contra haec attentare praesumpserit, quicunque ille fuerit, nisi ritè commonitus resipuerit, cadat à jure regni, & haec Charta obligationis & concessionis nostrae, semper firma permaneat. Teste meipso, apud domum militum Templi juxta Doveram, coram H. Dublinensi Archiepiscopo, Johanni Norwicensi Episcopo, Galfrido filio Petri, W. Comite Sarisberie, Willielmo Comite Penbroc, R. Comite Bononiae, W. Comite Warenne, S. Comite Winton. W. Comite Arundel, W. Comite de Ferrariis, W. Briwere, Petro filio Hereberti, Warino filio Geroldi, xv. die Maii, anno regni nostri decimo quarto. Ego Johannes Dei gratia Rex Angliae, & Dominus Hyberniae, Ibid. f. 237. n. 20. The Form of King John his doing Homage to the Pope. ab hac horâ & in anteà, fidelis ero Deo & beatro Petro & Ecclesiae Romanae, & Domino meo Papae Domino Innocentio, ejusque Successoribus Catholicè intrantibus. Non ero in facto, in dicto, consensu vel consilio, ut vitam perdant vel membra, vel mala captione capiantur. Eorum damnum si Scivero, impediam, & remanere faciam si potero: Alioquin eis quam citiùs potero intimabo, vel tali personae dicam quam eis credam pro certo dicturam Consilium quod mihi crediderint, per se vel per nuncios suos seu literas suas, secretum tenebo; & ad eorum damnum nulli pandam me sciente. Patrimonium beati Petri, & specialiter regnum Angliae, & regnum Hyberniae adjut●r ero ad tenendum & defendendum, contra omnes homines pro posse meo. Sic me adjuvet Deus, & hac Sancta Evangel●a, Amen. In B●bliotheca Cottoniana, sub Effigic Cleopatra. E 1. INnocentius Episcopus Servus Servorum Dei Charissimo in Christo filio Johanni illustri, Anglorum Regi, ejusque de suâ Vxore, Haeredibus, in perpetuam memoriam. Rex Regum, & Dominus Dominantium, Jesus N. 99 Christus Sacerdos in aeternum secundum Ordinem Melchisedech, ita regnum & Sacerdotium in Ecclesiâ stabilivit, ut sacerdotale sit Regnum, & Sacerdotium sit Regale; Sicut in Epistolâ Petrus & Moses in lege testantur, unum perficiens Vniversis, quem suum in terris Vicarium Ordinavit, ut sicut ei flectitur omne genu Coelestium, Terrestrium & etiam Infernorum, itae illi omnes obediant & intendant ut sit unum Ovile, & unus Pastor. Hunc itque Reges seculi propter Deum à Deo, venerantur, ut non reputent se ritè regnare nisi studeant ei devotè servire. Quod tu Fili Charissime prudenter attendens, illo misericorditer inspirante, in cujus manu sunt Corda Regum, & quo voluerit vertit illa, teipsum & tua etiam temporaliter ei subjicere deorevisti, cui noveras spiritualiter esse subjecta, & in unam Vicarii Christi personam, quasi Corpus & Anima, Regnum & Sacerdotium uniantur, ad magnum utriusque Commodum & augmentum. Ille utique hoc dignatus est operari qui cum fit Alpha, & Omega sinem retulit ad principium, & principium protraxit ad finem; ut illae Provinciae quae olim Sacrosanctam Romanam Ecclesiam proprium in Spiritualibus habuere Magistram, nunc etiam in Temporalibus, Dominam habeant Specialem. Tu quippe quem Deus ad hoc idone●m Ministrum elegit, tam te, quam etiam Regna tua Angliae videlicet, & Hiberniae cum omni jure, ac pertinentiis suis devotâ, & Spontaneâ voluntate, ac Communi Consilio Baronum tuorum Deo, & Sanctis Apostolis ejus, Petro, & Paulo, Sanctaeque Romanae Ecclesiae, nobisque & successoribus nostris, in jus & proprietatem sub annuo Mille Marcarum censu offerens concessisti, sicut in tuo continetur autentico scripto c●jus de verbo ad verbum talis tenor existit. Johannes Dei gratia Rex Angliae, Dominus Hiberniae, Dux Normanniae, & Aquitaniae, Comes Andegaviae, Omnibus Christi Fidelibus praesentem Cartam inspecturis, salutem. Vniversitati vestrae per hanc Chartam nostram sigillo nostro munitam volumus esse notum, quia, cum Deum, & Matrem nostram sanctam Ecclesiam, offenderimus in multis, ac proinde divinâ miserecord â plurimum indigere noscamur, nec quid digne offerre possimus pro satisfactione Deo, & Ecclesiae debitâ faciendâ, nisi nosipsos habeamus, & Regna nostra, volentes nosipsos humiliari, pro illo qui se pro nobis humiliavit usque ad mortem, gratiâ Sancti Spiritus inspirante, non vi inducti, nec timore Coacti, sed nostrâ bonâ spontaneâque voluntate, ac Communi Consilio Baronum nostrorum offerimus, & libere concedimus Deo, & Sanctis Apostolis ejus Petro, & Paulo, & Sanctae Romanae Ecclesiae Matri nostrae, ac Domino nostro Papae Innocentio Tertio, ejusque Catholicis Successoribus, totum Regnum Angliae, & totum Regnum Hiberniae, cum omni jure, & pertinentiis suis, pro remissione peccatorum nostrorum & totius generis nostri, tam pro vivis, quam defunctis. Et amodo illa à Deo, & Ecclesiâ Romanâ tanquam Feodatarii recipientes, & tenentes in praesentiâ. Patris nostri Pandulsi Domini Papae Subdiaconi, & familiaris, fidelitatem exinde Domino nostro Pape Innocentio, ●jusque Catholicis Successoribus, et Ecclesiae Romanae, secundum scriptam formam fecimus et juravimus et Homag um ei ligium in praesentiâ Domini Papae, si coram eo esse poterimus, eidem facie●us, Successores et Haeredes nostros de Vxore nostrâ in perpetuum Obligantes, ut simili modo summo Pontifici qui pro tempore fuerit, et Ecclesiae Romanae, sine contradictione debeant fidelitatem praestare, et Homagium recognoscere. Ad indicium autem hujus perpetuae nostrae oblationis, et Concessionis, volumus, et stabilimus, ut de propriis et specialibus redditibus praedictorum regnorum nostrorum pro omni Servitio et consuetudine quod pro ipsis facere deberemus (Salvo per omnia Denario Beati Petri) Ecclesia Romana Mille Marcas Sterlingorum percipiat annuatim; scilicet in festo Sancti Michaelis quingentas Marcas, et in Pascha quingentas Marcas; Septingintas scilicet pro Regno Angliae et trecentas pro Regno Hiberniae. Et si nos, vel aliquis successorum nostrorum contra hoc attemptare praesumpserit, quicunque fuerit ille, nisi rite Commonitus, resipu rit, Cadat a jure regni, et haec Carta oblationis et concessionis nostrae semper firma permaneat. Ego Johannes Dei gratia Rex Angliae et Dominus Hiberniae ab hâc horâ in ante, fidelis ero Deo, et beato Petro, et Ecclesiae Romanae, ac Domino meo Papae Innocentio, ejusque Successoribus Catholice intrantibus; Non ero in facto, Dicto, Consensu vel Consilio, ut vitam p●rdant vel membra vel in malâ captione capiantur, eorum dampnum si sciero impediam, et remanere faciem si potero, alioquin quia citius potero intimabo, vel tali personae dicam, quam ei credam pro certo dicturam, Consilium quod mihi crediderint per se vel per Nuntios seu per literas suas, secretum ten bo, et ad eorum dampnum nulli pandam, me sciente, patrimonium beati Petri et specialiter regnum Angliae, et regnum Hiberniae, adjutor ero ad tenendum, et defendendum contra omnes Homin●s pro posse meo. Sic Deus me adjuvet et haec Sancta Dei Evangelia. Teste meipso apud Domum Militiae Templi juxta Doveriam, coram Domino Huberto Archiepiscopo Dubliniensi, Domino Johanne Episcopo Norvicensi, Galfrido filio Petri Comite Essexiae, Justiciario nostro, Willielmo Comite Saresberiae fratre nostro, Willielmo Mareschal Comite Pembrociae, Reginaldo Comite Boloniensi, Willielmo Comite Wa●enniae, Saero Comite Winton. Willielmo Comite Arundelli, Willielmo Comite de Ferreriis, Willielmo Briewer, Petro filio He●berti, Warino filio Geroldi, etc. xv die Maii anno regni nostri xiiii. Nos autem oblationem et Concessionem hujusmodi piè ac providè factas, gratás et ratas habentes personam tuam et personas haeredum tuorum cum praedictis regnis et pertinentiis eorundem et omnibus bonis aliis rationabiliter nunc possessis ●t in posterum possidendis sub beati Petri, et nostrâ protectione suscipimus tibi, et ipsis secundum praescriptam formam de communi Consilio fratrum nostrorum supradicta regna concedentes in feodum, et praesenti privilegio confirmantes, ita quod quilibet haeredum tuorum, cum regni coronam ac●eperit, feodum bujusmodi summo Pontifici et Romanae Ecclesiae publice recognoscat, et eis fidelitatis exhibeat juramentum. Nulli ergo omnino hominum liceat hanc Paginam nostrae Concecessionis et Confirmationis infringere, vel ei, ausu temerari● contraire. Siquis aut hoc attemptare prasumps●rit indignationem omnipotentis Dei et beatorum Petri et Pauli Apostolorum se noverit Mansuram. Ego Innocentius Catholicae Ecclesiae Episcopus. Ego Cinthius Titulo Sancti Laurentii in Lucina Presbyter Cardinalis. Ego Cencius Sanctorum Johannis & Pauli Cardinalis Titulo Pamachii. Ego Petrus, Sanctae Pudentianae Titulo Pastor, Presbyter Cardinalis. Ego Guala Sancti Martini Presbyter Cardinalis Titulo Equitis. Ego Johannes Titulo Sanctae Praxedis, Presbyter Cardinalis. Ego Stephanus Basilicae 12 Apostolorum Presbyter Cardinalis. Ego Johannes Sabinensis Episcopus. Ego Guido Prenestensis Episcopus. Ego Hugo Hostiensis Episcopus. Ego Guido Johannis Nichol. in Carcere Tullo. Diaconus Cardinalis. Ego Octavianus Sanctorum Sergii & Bachi Diaconus Card. Ego Johannes Sanctorum Cosmae & Damiani Diaconus Cardinalis. Ego Angelus Sancti Adriani Diaconus Cardinalis. Ego Petrus Sanctae Mariae in Aquiro Diaconus Cardinalis. Ego Bicinus Sancti Georgii Diaconus Cardinalis. Dat. Laterani per manum Rainaldi Acolyti & Capellani Domini Innocentii Tertii Papae i e. 4 Novembris. two Non. Novembris Indictione Secundâ, Incarnationis Dominicae M. C. C. XIII. Pontificatûs vero ejusdem Domini Innocentii Anno Decimo sexto. JOhannes Dei gratia, etc. Cart. 15. Johannis, n. 31. Omnibus Christi fidelibus praesentem Cartam inspecturis Salutem. Universitati vestrae per hanc Cartam aureâ bullâ N. 100 nostrâ munitam volumus esse notum quod cum Dominum, & Matrem nostram Sanctam Ecclesiam offenderimus in multis & proinde divina misericordia plurimum indigere noscamur, nec quid quod digne offerre possimus pro satisfactione Deo & Ecclesiae debita facienda nisi nos ipsos habeamus & regna nostra. Volentes nos ipsos humiliari pro eo qui se pro nobis humiliavit usque ad mortem gratia Spiritus Sancti inspirante non vi Inducti nec timore coacti set nostra bona spontaneaque voluntate ac communi Consilio Baronum nostrorum offerimus & libere concedimus Deo & Sanctis Apostolis ejus Petro & Paulo & Sanctae Romanae Ecclesiae Matri nostrae ac Domino nostro Papae Innocentio tertio ejusque Catholicis Successoribus totum Regnum Angliae & totum Regnum Hiberniae cum omni jure & pertinentiis suis pro remissione peccatorum nostrorum & totius generis nostri tam pro vivis quam defunctis & amodo illa à Deo & ab Ecclesia Romana tanquam Feodatarii recipientes & tenentes in praesentia venerabilis Patris nostri Domini Nicholai Tusculani Episcopi Apostolicae Sedis Legati & Pandulphi Domini Papae Subdiaconi & familiaris fidelitatem exinde praedicto Domino nostro Papae Innocentio ejusque Catholicis Successoribus ac Ecclesiae Romanae Secundum scriptam formam fecimus & juravimus & homagium ei ligium pro praedictis regnis Deo & Sanctis Apostolis Petro & Paulo & Ecclesiae Romanae & eidem Domino nostro Papae Innocentio tertio per manum praedicti Legati loco & vice ipsius Domini Papae recipientis publice f●cimus Successores & Haeredes nostros de uxore nostra in perpetuum obligantes ut simili modo Summo Pontifici qui pro tempore fuerit & Ecclesiae Romanae sine contradictione debeant fidelitatem praestare & hamagium r●cognoscere. Ad Indicium autem hujus nostrae perpetuae oblationis & Concessionis velimus & stabilimus ut de propriis & specialibus redditibus praedictorum regnorum nostrorum pro omni servitio & consuetudine quod pro ipsis facere deberemus, salvo per omnia denario Beati Petri Ecclesia Romana mille Marcas Sterlingorum, percipiat annuatim scilicet in festo Sancti Michaelis quingentas Marcas, & in Pascha quingentas Marcas; Septingentas scilicet pro regno Angliae & trescentas pro regno Hiberniae. Salvis nobis & haeredibus nostris justiciariis libertatibus & regali●us nostris. Quae omnia sicut supradicta sunt rata volentes esse perpetuo & firma obl●gamus nos et Successores nostros contra non venire. Et si nos vel aliquis Successorum nostrorum hoc attemptare praesumpserit quicunque fuerit ille nisi rite commonitus resipuerit cadat à jure regni et haec Carta oblationis & Concessionis nostrae semper firma permaneat. Ego Johannes Dei gratia Rex Angliae & Dominus Hiberniae ab hac horà in ante fidelis ero Deo et Beato Petro et Ecclesiae Romanae ac Domino nostro Papae Innocentio tertio ejusque Successoribus Catholice intrantibus non ero in facto dicto consensu vel Consilio ut vitam perdant vel membra vel m●la captione capiantur. Eorundem dampnum si sciero impediam, et remanere faciam si potero, alioquin eis quam citius potero intimabo vel tali personae dicam quam eis credam pro certo dicturam. Consilium quod mihi crediderint per se vel per Nuncios seu p●r literas suas secretum tenebo, et ad eorum dampnum nulli pandam me sciente. Patrimonium Beati Petri & specialiter regnum Angliae, et regnum Hiberniae adjutor ero ad defendendum et tenendum contra omnes homines pro posse meo, sic me Deus adjuvet et haec Sancta Evangelia de omnibus ne possit in posterum dubitari, ad majorem securitatem praedictae oblationis et concessionis nostrae praesentem Cartam nostram fecimus sigillari, ac pro concessu hujus praesentis et primi anni mille Marcas Sterlingorum per manus praedicti Legati Ecclesiae Romanae persolvimus. Testibus Domino Stephano Cantuariensi Archiepiscopo, Willielmo Londoniensi, Petro Wintoniensi, Eustachio Elyensi, Hugone Lincolniensi Episcopis, Waltero de Grace Cancellario nostro, Willielmo Comite Sarr fratre nostro, Ranulpho Comite Cestriae, Willielmo Marescallo Comite Penbroc, Willielmo Comite de Ferrariis, Sahero Comite Wintoniensi, Roberto de Ros, Willielmo Briwer, Petro ●ilio Herberti, Matheo filio Herberti, Briano de Insula Dapifero nostro. Datum per manum Magistri Richardi de Marisco apud Sanctum Paulum. London tertio die Octobris anno ab Incarnatione Domini, M. CC. xiii. regni vero nostri quinto decimo. Rot. Claus. 15 Johan. parte prima, M. 8. D●rs. VEnerabilibus in Christo Patribus Stephano Dei gratia Cantuariensi Archiepiscopo totius Angliae Primati et Sanctae Romanae Ecclesiae Cardinali et omnibus suffraganeis suis Episcopis cum eo existentibus, Johannes N. 101 eadem gratia Rex Angliae, etc. Mandamus vobis quod bene veneritis in Angliam scientes quod jamdiu vos expectavimus et adventum vestrum desideravimus, unde in occursum vestrum mittimus fideles nostros Dominum H. Dublinensem Archiepiscopum, Johannem Norwicensem Episcopum, Willielmum Comitem Arundel, Matheum filium Herberti, Willielmum Archidiaconum Huntudoniae rogantes quatinus ad nos venire festinetis sicut praedicti fideles nostri vobis dicent. Teste meipso apud Stokes Episcopi primo die Julii. HEnricus Dei gratia Rex Angliae, Mat. Paris, f. 55. n. 40. Ibid. f. 240. n. 10. Hugoni de Boclande Vicecomiti, & omnibus fidelibus suis, tam Francis quàm Anglicis in Herefordsyre, salutem, etc. Henricus Dei gratia Rex Angliae Hugoni de Boclande Justiciario Angliae, & omnibus fidelibus suis tam Francigenis quàm Anglis in Hertfordsire, salutem. Sciatis me Dei misericordia, & communi Consilio Baronum regni Angliae, ejusdem regni Regem esse coronatum. Et quia regnum oppressum erat injustis exactionibus ego respectu Dei & amore, quem erga vos omnes habeo, Sanctam Dei Ecclesiam inprimis liberam facio, ita quòd nec eam vendam nec ad firmam ponam, nec mortuo Archiepiscopo vel Episcopo sive Abbate aliquid accipiam de Dominio Ecclesiae vel de hominibus donec Successor in eam ingrediatur. Et omnes malas consuetudines quibus regnum Angliae injustè opprimebatur, inde auf●ro; quas malas consuetudines in parte hic pono. Si quis Baronum meorum, Comitum vel aliorum, qui de me tenent, mortuus fuerit, haeres suus non redimet terram suam, sicut facere consueverat tempore patris mei: Sed legitima & justa relevatione relavabit eam. Similiter & homines Baronum meorum, legitima & justa relevatione relevabunt terras suas de Dominis suis. Et si quis Baronum vel aliorum hominum meorum, filiam suam tradere voluerit; sive Sororem, sive Neptem, sive Cognatam, mecum inde loquatur; Sed neque ego aliquid de suo pro hac licentia accipiam, neque defendam ei quin eam det. Excepto si jam dare vellet inimico meo. Et si mortuo Barone vel alio homine meo filia haeres remanserit: dabo illam cum Consilio Baronum meorum, cum terra sua. Et si mortuo marito, Uxor ejus remanserit, & sine liberis fuerit; dotem suam & maritagium habebit, dum corpus suum legitimè servabit: Et eam non dabo marito, nisi secundùm velle suum; & t●rrae liberorum custos erit sive uxor, sive alius propinquior qui justus esse debet, & praecipio ut Barones mei similiter se contineant erga filios & filias, vel uxores hominum suorum. Monetagium commune quod capiebatur per Civitates vel Comitatus, quod non fuit tempore Regis Edwardi; hoc ne amodo fiat, omninò defendo. Si quis captus fu●rit sive monetarius, sive alius cum falsa moneta, Justitia recta inde fiat. Omnia placita, & omnia debita quae Regi fratri meo debebantur, condono: Exceptis firmis me●s, & exceptis illis quae pacta erant pro aliorum haereditatibus; vel pro illis rebus, quae justiùs aliis contingebant: Et si quis aliquid pro haereditate sua pepigerat, illud condono: & omnes relevationes, quae pro rectis haereditatibus pactae erant. Et si quis Baronum vel hominum meorum infirmabitur; sicut ipse dabit, vel dare disposuerit pecuniam suam, ita datam esse concedo. Quòd si ipse praeventus, vel armis, vel infirmitate, pecuniam suam nec dederit nec dare disposuerit: Vxor sua sive liberi aut parentes & legitimi homines ejus, pro anima ejus eam dividant, sicut eis meliùs visum fuerit. Si quis Baronum vel haminum meorum foris-fecerit, non dabit vadium in misericordia pecuniae suae, sicut faciebat tempore patris vel fratris mei, sed secundum forisfacturae modum: nec ita emendabit, sicut emendasset retrò tempore patris mei; Quòd si perfidiae vel sceleris convictus fuerit; sicut erit culpa, sic emendet. Murdra etiam retra ab illa die, qua in Regem coronatus fui, omnia condono: Et ea quae amodo facta fuerint, juste emendentur secundum lagam Regis Edwardi. Forestas Communi Consilio Baronum meorum, in manu mea ita retinui; sicut pater meus eas habuit. Militibus qui per Loritas terras suas defendunt, terras dominicarum carucarum suarum quietas: ab omnibus geldis, & omni opere proptio, dono meo concedo: Ut sicut tam magno gravamine alleviati sunt, in equis & armis se benè instruant; ut apti & parati sint ad servitium meum, & ad defensionem regni mei. Pacem firmam pono in toto regno meo, & teneri amodò praecipio. Lagam Regis Edwardi vobis reddo, cum illis emendationibus, quibus pater meus eam emendavit, Consilio Baronum suorum. Si quis aliquid de meo vel de rebus alicujus, post obitum Regis Willielmi fratris mei cepit, totum citò reddatur absque emendatione, & si quis inde aliquid retinuerit, ille super quem inventum fuerit graviter mihi emendabit. Testibus Mauritio Londoniensi Episcopo, Willielmo Wintoniensi electo, Gerardo Herefordensi Episcopo, Henrico Comite, Simone Comite, Waltero Giffard Comite, Roberto de Monte Forti, Rogero Bigod, & aliis multis. There are to be found in Matthew Paris Two distinct Copies of this Charter, according to the Citations above in the Margin, in one of which, Hugo de Bocland is said to be Sheriff of Herefordshire, and the Chart is directed To the French and English of that County; in the other he is said to be Justiciary of England, and the Chart is directed To the French and English in Hertfordshire, by mistake (I suppose) for Herefordshire; of which his being Sheriff, and Justiciary of England at the same time, in those days might be very consistent. He was a Order. Vital. f. 805. B. A. D. 1101. Norman, and an Order. Vital. f. 805. B. A. D. 1101. Ordinary Man, and Order. Vital. f. 805. B. A. D. 1101. raised to this great Preferment by Henry the First. There were so many Mat. Paris. f. 56. n. 30. Copies of this Charter, as there were Counties in England, and by the King's Command were kept as a Record or Monument in some one Abbey therein. And it was only a Relaxation of the strict rigid Feudal Law in many points. See the Answer to Argumentum Antinormanicum, f. 265. C. etc. REx Vicecomiti Somerset, & Dorset, etc. Rot Pat. 15. Johan. p. 2. M. 8. Dor. Tibi praecipinius quod sine Dilatione ex parte nostra praecipias Roberto de Berkeley, Rogero de Penton, & Osberto filio Willielmi, quod omni occasione post N. 103 posita veniant ad Diem & locum, quos Dominus Episcopus Bathoniensis tibi scire fecerit, ad audiendam Inquisitionem de ablatis & Damnis Episcoporum & Clericorum et omnium virorum Ecclesiasticorum, et aliorum Negotium Ecclesiae contingentium, Note, This Writ was issued on behalf of the Bishop of Bath, who had been beyond Sea with the Archbishop, not long after the King's Absolution, in pursuance of the Oath he then took. Faciendam Coram Clericis Domini Cantuariensis Archiepiscopi, quos ad hoc per literas suas patentes assignaverit. Et summone ex parte nostra omnes illos de Balliva tua, qui Custodiam vel aliquam Ballivam habuerunt de Rebus Ecclesiasticis à Tempore Mote Discordie inter nos & Clerum Angliae, quod tunc coram praedictis Clericis Domini Archiepiscopi Compareant, ad praedictam Inquisitionem audiendam. Teste meipso apud Northampton, 31 Die Augusti. And then there were these Inquisitors appointed in every Bishopric. in Archiepiscopatu Cantuar. Galfridus fil. Petri Comes Essex. Simo de Pateshull— in Episcopatu Wintoniensi. Willielmus Briwere Rogerus de Scures Walt. de Aundely in Episcopatu Exoniensi. Richardus Flandrensis Eudo de Bello Campo Robertus de Alba Marla in Episcopatu Elyensi. Comes Roger. le Bigod Robertus Pikot Robertus de Burnvill in Episcopatu Wigornniensi. Petrus silius Herberti Willielmus de Ardern in Episcopatu Bathoniensi. Robertus de Berkeley Osbertus filius Willielmi Rogerus de Penton in Episcopatu Cestrensi. Thomas de Estleg Willielmus de Waur. in Episcopatu Norwicensi. Galfridus de Aumbly Willielmus fil. Rocelini Philippus de Burnham in Episcopatu Landavensi. Richardus Flandrensis de Glamorgan. Walterus Culye— in Archi-Episcopatu Eboracensi. Jordanus Foliot Johannes de Birkin in Prioratu Cantuariensi. Math. filius Herberti Willielmus de Cirinton Willielmus de Risseteford in Episcopatu Cicestrensi. Simo de Rohingham Robertus de Savage Robertus de Petro-Ponte in Episcopatu Londinensi. Comes Willielmus Marescal. Jacobus de Poterna in Episcopatu Lincolniensi. Radulphus de Neunamul Thomas de Muleton Alexander de Pointon in Episcopatu Herefordensi. Robertus de Mortuo Mari Walterus de Clifford Rogerus Huscarl in Episcopatu Sarisberiensi. Godefridus de Sancto Martino Petrus de Skudemor Henricus filius Aucheri in Episcopatu Menevensi. Thomas de Landa Willielmus de Barry in Episcopatu Roffensi. Galfridus de Sundernesse Richardus de Valle Bedonis in Episcopatu Dunholmensi. Rogerus de Andree Walterus de Monasteriis Ibid. M. 7. Dor. REx Galfrido de Aumbly, Willielmo filio Roscelini, & Philippo N. 104 de Burnham, etc. Mandamus vobis, quod Conveniatis ad Diem & Locum, quos Officialis Domini Norwicensis Episcopi, vobis scire faciet coram Clericis Domini Cantuariensis Episcopi, quos per literas suas assignavit ad Inquisitionem faciendam, de omnibus Ablatis & Damn●s, illatis Ecclesie et Clero, et Laicis hanc causam Contingentibus, de praedicto Episcopatu. Et vos sitis cum illis ad Inquisitionem illam faciendam, quia volumus, quod plenariè fiat, nec remaneat propter aliquas literas quas inde super hoc Miserimus. Et scire faciatis omnibus illis qui Ballivas habuerint in praedicto Episcopatu de rebus Ecclesiasticis vel aliis hanc causam Contingentibus, quod veniant ad praedictos Diem & Locum, Inquisitionem illam audituri, & si non venerint Nichilominus Inquisitio illa procedat. Et si quod Damnum evenerit, per defectum ipsorum non nobis sed illis eveniet. Teste meipso apud Novum Templum London. Sexto Die Octobris. Eodem modo scribitur omnibus Inquisitoribus supradictis. Note, The Date of this second Writ answers the Time of the General Council holden in St. Paul 's London, soon after Michaelmass this year, and also the Time of the Agreement between the King and Bishops for making a General Inquisition as delivered in the History. CVm non possit Ecclesiis Domini melius provideri, Mat. Paris, f. 247. n. 30. quam si eye pastores praeficiantur idonei, qui non tam praeesse cupiant quam prodesse; N. 105 fraternitati tuae, de qua plenam fiduciam obtinemus, per Apostolica scripta Mandamus; quatenùs Episcopatus & Abbatias Angliae nunc vacantes, facias cum tuo consilio de personis idoneis per Electionem, vel postulationem canonicam ordinari; qui non solùm vita, sed & scientia sint praeclari, verùm etiam Regi fideles et regno utiles, nec non ad auxilium & consilium efficaces, assensu Regio requisito. Cùm ergo vacantium ecclesiarum Capitulis, nostris literis demus in mandatis, ut tuo consilio adquiescant; tu Dominum habens prae oculis, consulas super his viros providos & honestos, qui plenè norint merita personarum; ne te cujusquam astutia circumveniri contingat. Si qui verò contradictores fuerint vel rebelles, tu eos per censuram ecclesiasticam, appellatione remota, compellas. Datum Laterani Calendis Novembris Pontificatus nostri anno Decimo Sexto. REx dilecto & fideli suo Willielmo Comiti Marescallo salutem. Rot. Claus. 15. Johan. parte prima, M. 1. Dor. Sciatis quod sani Dei gratia et incolumes apud Rupellam applicuimus, die Sabbati proximo post capud Jejunii cum magna parte gentis nostre statim ex quo advenimus tum reddita nobis fuerint, tum relicta N. 106 viginti sex Castra et fortelicia & post paucàs dies processimus ad Castrum de Millesen obsidendum, & cum Castrum illud cepissemus venit ad voluntatem et misericordiam nostram johannes Porcelinus, et continuo post illum venit similiter ad voluntatem et misericordiam nostram Savaricus de Malo Leone quem consilio Domini Burdegalensis Archiepiscopi, & aliorum fidelium nostrorum in pacem nostram admisimus die autem Martis proximi ante mediam quadragesimam dum adhuc moram fecissemus circa Castrum illud funditus prosternendum venit ad nos à Curia Romana frater Willielmus de Sancto Andoeno afferens nobis Litteras Domini Pape de forma interdicti relaxandi in Anglia, quas venerabili patri nostro Domino Petro Wintoniensi Episcopo destinavimus unde vobis mandamus rogantes quatinus ad negotium illud exequendum ad honorem Dei et nostrum et vestrum, Consilium et Auxilium efficax inpendatis, et faciatis super negotio isto id quod Dominus Wintoniensis Episcopus Justiciarius noster vobis dicet ad fidem & commodum nostrum, ut honorem inde habeamus, et Regni nostri Status in melius commutetur, unde merito vobis ad perpetuas teneamur gratiarum actiones. Teste me ipso apud Rupellam Octavo die Martii. Eodem modo scribitur omnibus Comitibus, Baronibus, et Magnatibus Anglie, Data eadem. Mat▪ Paris, f. 249. l n. 2, INnocentius Episcopus, etc. Venerabilis frater noster Johannes Norwic●nsis Episcopus, & dilectus filius noster Robertus de Marisco N. 107 Archidiaconus Northanhumbriae, & Nobiles utri Thomas de Alias Herdingtona. Hundintuna & Adam nuncii nostri Charissimi in Christo filii nostri Johannis Regis Angliae illustris ex una parte; Magister Simon de Langetuna, A. & G. Clerici, nuncii venerabilis fratris Nostri Stephani Can●uariensis Archiepiscopi ex altera parte, in praesentia nostra constituti, asseruere concorditer & constanter: Quòd pro vitando grandi rerum dispendio, & gravi p●riculo animarum, expedi●bat quàm plurimùm tam Regno quam Sacerdotio ut sine dilatione relaxetur sententia interdicti. Vnde nos pro affectu paterno, sollicitè inter eos ad salutem & utilitatem super his quae pacis sunt cum illis tractavimus diligentur: Et tandem ipsis adquiescentibus, formam invenimus, & statuimus infrà scriptam. Sanè praedictus Rex tantam Pecuniam Archiepiscopo Cantuariensi, Londoniensi, & Elyensi Episcopis vel aliis, quos ad hoc assignare voluerint faciat assignari: Computatis his quae idem Rex noscitur persolvisse: Quòd summa impleat quadraginta millia Marcarum. Quibus solutis, et cautione praestita inferiùs adnotata; Protinùs sublato cujuslibet Appellationis et conditionis obstaculo, relaxes sententiam, interdicti. Ac deinde singulis Annis duodecim millia marcarum, in duobus terminis; in commemoratione videlicet omnium Sanctorum sex millia Marcarum, & totidem in festo Dominicae Ascentionis, apud Ecclesiam Sancti Pauli Londoniensis, eisdem faciat exhiberi; donec tota summa fuerit persoluta. Et hoc fideliter exequendum, obligavit seipsum, Ipse Rex per proprium juramentum, & per literas Patentes sigillo suo communicas: N●c non per fide jussionem Wintoniensis & Norwicensis Episcoporum, Cestrensis & Wintoniensis, & Willielmi Mareschalli Comitum: Ita quòd tam haeredes ipsius Regis, quàm Successores eorum tenebuntur astricti. Quocirca per Apostolica tibi scripta praecipienda mandamus, quatenùs secundum formam praescriptam procedere non postponas, nisi de mera & libera voluntate partes aliter duxerint componendum. Datum Laterani. Chart. 16. Johannis, n. 67. EGo Johannes, Dei gratia Rex Anglie Dominus Hibernie Dux Normannie, N. 108 Aquitanie et Comes Andegavie prestito Juramento promitto quod tantam pecuniam in manus venerabilium Patrum Stephani Cantuariensis Archiepiscopi et Gulielmi Londinensis Hugonis Lincolniensis ac Eustachii Elyensis Episcoporum vel eorum quos ad hoc duxerint deputandos restituam iis quibus facienda est restitutio computatis illis que persolvi eidem Archiepiscopo & Episcopis aut aliis hoc negotium contingentibus de ipsius Consilio vel mandato quod summam quadraginta millium Marcarum complebo, quibus solutis & cautione prestita inferius annotata nec non relaxata sententia interdi●i deinde singulis annis duodecim ni●llia Marcarum in duobus terminis Commemoratione videlicet omnium Sanctorum sex millia & totidem festo Ascensionis apud Ecclesiam Sancti Pauli Londonie ejusdem faciam exhiberi, donec tota summa fuerit persoluta que taxante summo Pontifice declarabitur per inquisitionem de mandato ejus proinde faciendam, & ad hoc fideliter exequendum obligo me per proprium Juramentum ac per patentes literas sigillo meo munitas nec non pro fidejussione venerabilium patrum Petri Wintoniensis & Johannis Norwicensis Episcoporum, ac nobilium virorum Cestrensis & Wyntoniensis Comitum & Willielmi Briwerr & Willielmi Marescalli Comitis de Pembroc si fuerit presens in Anglia vel Comitis de Ferrariis seu Comitis Arundel si Dominus Willielmus Marescallus forsitan absens fuerit eorum Juramentis & literis roboratam. Ita quod tam heredes mei quam Successores eorum pari obligatione teneantur astricti. Et si forsitan quisquam de Successoribus eorundem vel nequiverint vel noluerint ad hanc obligationem induci ego alium idoneum fidejussorem constituam secundum formam inferius annotatam. Actum autem est hoc apud Andegavum xvii. die Junii, Anno regni nostri xuj. Coram Magistro Pandulpho Domini Papae Subdiacono & familiari ad hoc sp●cialiter destinato in presentia venerabilium Patrum Johannis Norwicensis & W. Andegavensis Episcoporum, Ranulphi Comitis Cestriae, Willielmi Comitis de Ferrariis, Magistri Alani & Walteri Clericorum Domini Cantuariensis Archiepiscopi, Reginaldi de Pontibus Senioris, Pagani de Rupeforti & Thomae de Erdinton. WIllielmus Comes de Ferrariis Omnibus presens scriptum visuris salutem in Domino. Pat. 16. Johannis, parte primâ, M. 17. Dor. Noveritis quod cum Dominus meus Johannes Rex illustris Anglorum Singulis annis post relaxationem interdicti N. 109 duodecim millia marcarum in duobus terminis, Commemoratione videlicet Omnium Sanctorum sex millia marcarum, & totidem in ascensione Domini in manus venerabilium patrum Stephani Cantuariensis Archiepiscopi Londinensis Elyensis ac Lincolniensis Episcoporum vel eorum quos ipsi ad hoc duxerint deputandos in Ecclesia Sancti Pauli London teneatur solvere donec tota summa fuerit persoluta que taxante summo Pontifice declarabitur per inquisitionem de mandato ejus proinde faciendam. Ego una cum aliis quinque confidejussoribus constitui me fidejussorem in Solido pro ipso Rege, & heredibus suis, per solennem stipulationem promitiens, quod si ipse aut heres suus, quod absit, in solutione antedicta cessavit, ego infra quatuor menses postquam fuero ammonitus vel requisitus, sine dilatione & difficultate qualibet inde satisfaciam eisdem, pro quo observando obligavi me & omnia bona mea Renuncians in hoc privilegio fori, & nove constitutionis beneficio, omnique alii exceptioni mihi competenti vel competiture. Insuper tactis Sacro-Sanctis Evangeliis juravi in presentia Domini Pandulfi Domini Papae Subdiaconi & ejus familiaris ad hoc destinati & Johannis Norwicensis Episcopi Thome de Erdinton et Magistri Alani et Walteri Clericorum Domini Cantuariensis Archiepiscopi, me bona fide, & sine fraude observaturum, hec omnia antedicta, & in hujus rei Testimonium huic Scripto Sigillum meum apposui. Actum apud Rochfort. Rupem fortem xvii. die Junii, Anno regni Regis Johannis 16. Pat. 15. Johan. parte secundâ, M. 8. Intus. REx venerabili Patri in Christo Stephano Dei Gratiae Cantuariensi Archiepiscopo, etc. Johannes eâdem gratia Rex Angliae, etc. Sciatis quod per has literas nostras patentes protestamur, quod ad nos Nullatenus N. 110 pertinet Clericos utlagare. Teste meipso apud Templum de Ewell xv die Maii, Anno, etc. Decimo Quinto. These Letters Patents bear date the same day with the Resignation of his Crown to Pandulph, at the House of the Temple near Dover; See here N. 98. which House might be in this Temple Ewell. Ibid. M. 8. Dor. OMnibus Christi fidelibus ad quos presens scriptum pervenerit E. Dei N. 111 gratia Abbas et Conventus R. Salutem in Domino Vniversitati vestre notum esse volumus quod Dominus noster Johannes Dei gratia Rex, etc. Nobis & Ecclesie nostre plene satisfecit super universis quae per ipsum vel aliquem suorum ad opus suum ex bonis domus nostre percepta sunt, ab initio currentis Interdicti, usque ad talem diem, anni regni ejusdem xuj. Et in hujus sue plene satisfactionis & nostre quiete clamationis robur et Testimonium presenti scripto Sigillum Capituli nostri, duximus apponendum. King JOHN's Great Charter, as 'tis to be found in Matthew Paris, Fol. 255. N. 50. Compared with the Manuscript in Bennet College Library, and Translated and Divided into Articles or Chapters. JOhannes Dei gratia Rex Angliae, Archiepiscopis & Episcopis, etc. in a Manuscript Book of Laws in Corpus Christi Coll. Library in Cambridge. etc. Sciatis nos intuitu Dei, & pro salute animae nostrae & antecessorum omnium & haeredum meorum, & ad honorem D●i & exaltationem S. ecclesiae & emendationem regni nostri, per consilium venerabilium patrum nostrorum Stephani Cantuariensis Archiepiscopi totius Angliae Primatis & Sanctae Romanae ecclesiae Cardinalis, Henrici Dublingensis Archiepiscopi, Willielmi Londinensis Episcopi, N. 112 Petri Wintoniensis, Jocelini Bathoniensis & Glastron' Hugonis Lincolniensis, Walteri Wigornensis, Willielmi Coventrensis, Benedicti Roffensis Episcoporum, & magistri Pandulphi Domini Papae Subdiaconi & familiaris, fratris magistri militiae Templi Angliae, & nobilium virorum Willielmi Mareschalli Comitis Penbroc, W. Comitis Saresberiensis, Willielmi Comitis Warrennae, Willielmi Comitis Arund l, Alani de Galeweia Constabularii Scotiae, Warin filii Gerardi, Petri filii Hereberti, & Huberti de ●urgo Seneschalli Pictaviae, Hugonis de Novilla, Matthaei filii Hereberti, Thomae Basset, Alani Basset, Philippi de Albeni, Roberti de Ropesle, Johannis Marescalli, & Johannis filii Hugonis, & aliorum fidelium nostrorum, in primis conc●ssisse Deo, & hac praesenti Charta nostra confirmasse pro n●bis & haeredibus nostris in perpetuum. JOHN, By the Grace of God King of England, etc. To the Archbishops, Bishops, etc. Know ye, That We in the presence, or for the sake of God, and for the Health of our Soul, and the Souls of all my Antecessors and Heirs, and to the Honour of God, and the Exaltation of Holy Church, and Amendment of our Kingdom by advice of our Venerable Fathers, Stephan Archbishop of Canturbury, Primate of all England, and Cardinal of the Holy Roman Church, Henry Archbishop of Dublin, William Bishop of London, Peter of Winchester, Jocelin of bath and Glastonbury, Hugh of Lincoln, Walter of Worcester, William of Coventry, Benedict of Rochester Bishops; And Master Pandulph the Pope's Sub-Deacon, and ancient Servant, Brother of the Master of the Temple of England, and the Noble Persons, William Marshal, or Marshal Earl of Pembroke, William Earl of Salisbury, William Earl of Warren, William Earl of Arundel, Alan de Galewey Constable of Scotland, Warin Fitz-Gerard, Peter Fitz-Herebert, and Hugo de Burgh Senescal or Steward of Poictou, Hugh de Nev●l, Matthew Fitz-Herebert, Thomas Basset, Alan Basset, Philip de Albeney, Robert de Ropesle, john Marshal, john Fitz-Hugh, and others our Feudataries or Liegemen; Have first of all, Granted to God, and by this our present Charter Confirmed for Us, and our Heirs for ever. I. Quod Anglicana Ecclesia libera sit, & habeat jura sua integra, suas & libertates illaesas, & ita volumus observari, quod apparet ex eo, quod libertatem electionum, quae maxima & magis necessaria reputatur Ecclesiae Anglicanae, mera & spontanea voluntate, ante discordiam inter nos & Barones nostros manifeste motam, concessimus, & charta nostra confirmavimus, & eam obtinuimus a domino Papa Innocentio Papa tertio confirmari: quam & nos observabimus, & ab haeredibus nostris in perpetuum bona fide volumus observari. That the English Church shall be free, and enjoy her whole Rights, and her Liberties unhurt, and we will have them so observed, as it may appear, That the Freedom of Elections, which was reputed most necessary for the English Church, which we Granted, and Confirmed by our Chart, and obtained the Confirmation of it, from Pope Innocent the Third, before the Discord between Us and our Barons was of our mere Free Will. Which Chart of Freedom, we shall Observe, and do will it to be faithfully observed by our Heirs for ever. II. Concessimus etiam & omnibus liberis hominibus nostris Regni Angliae, pro nobis & haeredibus nostris in perpetuum omnes libertates subscriptas; habendas & tenendas eis & haeredibus suis de nobis & haeredibus nostris. We have also Granted to all our Freemen of the Kingdom of England, for Us and our Heirs for ever, All the underwritten Liberties to Have and to Hold to them and their Heirs, of Us and Our Heirs. III. Si quis Comitum vel Baronum nostrorum sive aliorum tenentium de nobis in capite per servitium militare, mortuus fuerit, & cum decesserit, haeres suus plenae aetatis fuerit & relevium debeat; habeat haereditatem suam per antiquum relevium; scilicet haeres vel haeredes Comitis de Baronia Comitis integra per centum libras; haeres vel haeredes Baronis de Baronia integra centum marcas; haeres vel haeredes m●litis de feudo militis integro p●r centum solidos ad plus; & qui minus debuerit minus det, secundum antiquam consuetudinem feudorum. If any of our Earls, or Barons, or others which hold of us in Chief, by Military Service, shall die, and at the time of his Death his Heir shall be of Full Age, and owes a Relief; He shall have his; Inheritance or Estate by the Ancient Relief: That is to say, the Heir, or Heirs of an Earl, for a whole, Earls Barony, an Hundred Pounds: The Heir, or Heirs of a Baron, for a whole Barony, an Hundred Marks: The Heir or Heirs of a Knight for a whole Knight's Fee, an Hundred Shillings; and he that oweth less, shall give less, according to the Ancient Custom of Fees. IV. Si autem alicujus haeres talium fuerit infra aetatem, & fuerit in custodia, dominus ejus non habeat custodiam ejus nec terrae suae antequam homagium ejus ceperit, & postquam talis haeres fuerit in custodia, & ad aetatem pervenerit, scilicet viginti & unius anni, habeat haereditatem suam sine relevio, & sine fine; ita tamen quod si ipse, dum infra aetatem fuerit, fiat miles, nihilominus terra remaneat in custodia Dominorum suorum usque ad terminum praedictum. But if the Heir of any such shall be under Age, and shall be in Ward, his Lord may not have the Wardship of him, nor his Land before he hath received his Homage. And after such Heir shall be in Ward, and shall attein to the Age of one and twenty years, he shall have his Inheritance without Relief, or without Fine: Yet so, that if he be made a Knight while he is under Age, nevertheless the Land shall remain in the Custody, or Guardianship of their Lords until the foresaid time. V. Custos, terrae hujusmodi haeredis, qui infra aetatem fuerit, non capiat de terra haeredis, nisi rationabiles exitus, & rationabiles consuetudines & rationabilia servitia: & hac sine destructione & vasto, hominum vel rerum, Et si nos commiserimus custodiam alicui talis terrae Vicecomiti vel alicui alii, qui de exitibus terrae illius nobis debent respondere, & ille destructionem de custodia fecerit, vel vastum: nos ab illo capiemus emendam, & terra committatur duobus Legalibus & discretis hominibus de feudo illo, qui similiter nobis respondeant, sicut praedictum est. The Warden or Guardian of the Land of such Heir which shall be under Age, shall take of the Land of the Heir, only reasonable Issues or Profits, reasonable Customs, and reasonable Services, and these without the Destruction, or Waste of the Tenants, or things upon the Estate. And if we shall Commit the Guardianship of those Lands to the Sheriff, or any other, which ought to answer to us for the Issues or Profits of the Land, and he shall make Destruction and Waste upon the Ward-Lands, we will force him to give Satisfaction, and the Land shall be committed to lawful and discreet, or understanding Tenants, of that Fee, who in like manner shall be answerable to us, as hath been said. VI Custos autem quamdiu custodiam terrae habuerit, sustentet domos, parcos, vivaria, stagna, molendina, & caetera ad illam terram pertinentia, de exitibus terrae ejusdem. Et reddat haer●di, cum ad plenam aetatem pervenerit, terram suam totam instauratatam de carucis & omnibus aliis rebus ad minus secundum quod illa recepit. Haec omnia observentur de custodiis Archiepiscopatuum, Episcopatuum, Abbatiarum, Prioratuum, ecclesiarum, & dignitatum vacantium, quae ad nos pertinent: excepto quod custodiae hujusmodi vendi non debent. But the Warden so long as he shall have the Wardship of the Land, shall uphold and maintain the Houses, Parks, Warrens, Pools, Mills, and other things belonging to the Land, with the Profits of the same Land; and shall restore to the Heir when he comes of full Age, his whole Land stocked with Ploughs and all other things, at lest whatever he received. All these things shall be observed in the Custody or Wardship of vacant Archbishoprics, Bishoprics, Abbeys, Priories, Churches, and Dignities, which do belong to us. Except that these Wardships ought not to be sold. VII. Haeredes maritentur sine disparagatione: ita tamen quod antequam contrahatur matrimonium, ostendatur propinquis de consanguinitate ipsius haeredis. Heirs shall be Married without Disparagement; and so, That before Matrimony shall be Contracted, those which are nearest to him in Blood shall be acquainted with it. VIII. Vidua post mortem mariti sui, statim & sine difficultate aliqua habeat maritagium suum, & haereditationem suam; nec aliquid det pro dote sua, vel pro maritagio suo, vel haereditate sua, quam haereditatem maritus suus & ipsa tenuerunt, die obitus ipsius mariti. Et maneat in capitali mesuagio mariti sui per quadraginta dies, post obitum ipsius mariti, infra quos assignetur ei dos sua, nisi ei prius fuerit assignata: Vel nisi domus illa fuerit castrum, & si de castro r●cesserit, statim provideatur ei domus competens, in qua possit hon●ste morari, quousque ei dos sua assignetur, secundum quod praedictum est, & habeat rationabile estoveruun suum interim de communi. Assign●tur autem ei pro dote sua, tertia pars totius terrae mariti sui, quae sua fuit in vita; nisi de minori dotata fuerit ad ostium ecclesiae. A Widow after the Death of her Husband, shall forthwith and without any Difficulty have her Marriage-Goods, and her Estate of Inheritance; nor shall she give any thing for her Dower, or Marriage-Goods, or Inheritance, which her Husband, and she, held at the day of his Death: And she may remain in the Capital Message, or Mansion of her Husband, by the space of Forty Days after his Death; in which time her Dower shall be Assigned, if it was not Assigned before: Unless the House shall be a Castle, and if she departs from the Castle, there shall forthwith be a competent Dwelling provided for her, in which she may decently remain, until her Dower be assigned, as hath been said; and she shall have her reasonable Estovers (i. e. Competent Provision or Maintenance) in the mean time out of the Common Stock, or whole Revenue. But there shall be assigned to her for her Dower the Third Part of the whole Land of her Husband, which was his in his life-time, except she was endowed with less at the Church-Door. IX. Nulla vidua destringatur ad se maritandum, dum voluerit vivere sine marito; ita tamen quod securitatem faciet, quod se non maritabit sine assensu nostro, si de nobis tenuerit; vel sine assensu Domini sui de quo tenuerit, si de alio tenuerit. No Widow shall be distreined (i. e. compelled by taking her Goods) to Marry herself, while she will live without an Husband; yet so as she shall give security, she will not Marry without our Consent, if she holds of us; or without the Consent of the Lord of whom she holds, if she holds of another Person. X. Nos vero vel Ballivi nostri non seisiemus terram aliquam, nec reditum pro debito aliqu●, quamdiu catalla debitoris praesentia sufficiunt ad debitum reddendum; & ipse debitor paratus sit inde satisfacere. Nec plegii ipsius debitoris destringantur, quamdiu ipse capitalis debitor sufficiat ad solutionem debiti. But we, or our Bailiffs (i. e. Officers) will not seize any Land or Rent, for any Debt, so long as there shall be Chattels (i. e. Goods) of the Debtors upon the Premises, sufficient to discharge it, and that the Debtor be ready and willing to satisfy it: Nor shall the Sureties of the Debtor be distreined (i. e. forced to pay the Debt by taking their Goods) so long the Capital Debtor be able to pay the Debt. XI. Et si capitalis debitor defecerit in solutione debiti, non habens unde reddat, aut reddere nolit cum possit, plegii respondeant de debito: & si voluerint, habeant terras & reditus debitoris, quousque sit ei satisfactum de debito, quod ante pro eo solvitur; nisi capitalis debitor monstraverit se inde esse quietum versus eosdem plegios. And if the Principal, or Chief Debtor makes default in Payment of the Debt, not having wherewithal to satisfy it, or will not satisfy it when he is able, than the Pleges or Sureties shall answer it, and they shall have the Lands, and Rents of the Debtor, so long as they shall be satisfied for the Debt they paid for him; unless the Chief Debtor can show himself discharged thereof, and the Payment of it undertaken by the Sureties. XII. Si quis mutuo acceperit aliquid à Judaeis, plus vel minus, & moriatur antequam debitum illud persolverit; debitum illud non usuret quamdiu haeres fuerit infra aetatem, de quocunque tenet: & si debitum illud incidat in manus nostras, nos non capiemus nisi catallum contentum in Charta. If any one borrowed any thing of the Jews, more or less, and dies before the Debt be paid; there shall be no Use paid for that Debt, so long as the Heir is under Age of whomsoever he holds: And if the Debt falls into our Hands, we will take only the Chattel contained in the Chart or Instrument, that is, the Pawn for the Money lent, mentioned in it. XIII. Et si quis moriatur, & debitum debet Judaeis, uxor ejus habeat dotem suam, & nil reddat de debito illo. Et si liberi ipsius defuncti qui fuerunt infra aetatem remanserint, provideantur eis necessaria secundum tenementum quod fuerit defuncti, & de residuo solvatur debitum; salvo tamen servitio dominorum, simili modo fiat de debitis, quae debentur aliis quam Judaeis. If any one shall die indebted to the jews his, Wife shall have her Dower, and pay nothing of that Debt: And if the Defunct left Children under Age, they shall have Necessaries provided for them, according to the Tenement (i. e. the Real Estate) of the Defunct, and with the Residue or Overplus the Debt shall be paid; saving the Service of the Lords, on whom his Tenement is holden. In like manner the Debts due to other Persons than jews shall be satisfied. XIV. Nullum Scutagium vel auxilium ponam in regno nostro, nisi per commune consilium Regni nostri, nisi ad corpus nostrum redimendum, & ad primogenitum filium nostrum militem faciendum, & ad primogenitam filiam nostram semel maritandam. Et ad hoc non fiet nisi rationabile auxilium. I will not Exact or Levy any Scutage or Aid in our Kingdom, without the Common Advice or Counsel of our Kingdom, unless to Redeem our Body, and to make our eldest Son Knight, and once to Marry our eldest Daughter; and for this there shall only be paid a Reasonable Aid. XV. Simili modo fiat de auxiliis de Civitate Londinensi: & Civitas Londoniensis habeat omnes antiquas libertates & liberas consuetudines suas, tam per terras quam per aquas. In like manner it shall be concerning the Aids of the City of London; and the; City of London shall have all its Ancient Liberties, and Free Customs, as well by Land as by Water. XVI. Praeterea volumus & concedimus, quod omnes aliae Civitates, & Burgi, & Villae, & Barones de quinque portubus, & omnes portus, habeant omnes libertates & omnes liberas consuetudines suas, & ad habendum commune consilium Regni de auxiliis assidendis, aliter quam in tribus casibus praedictis. Furthermore, We Will and Grant, That all other Citi●s, and Burgh●, and Towns, and Barons of the Cinque, or Five Ports, and all Ports, shall have all their Liberties, and Free Customs; and shall have the common advice of the Kingdom concerning the Assessment of their Aids, or shall send their Representatives, or Commissioners to the Common Council of the Kingdom for the Assessment of their Aids, otherwise than in the three Cases aforesaid. XVII. Et de Scutagiis assidendis, submoneri faciemus Archiepiscopos, Episcopos, Abbates, Comites & Majores Barones regni singillatim per literas nostras. And for the Assessing of Scutages, We shall, cause to be summoned the Archbishops, Bishops, Abbats, Earls and, great Barons of the Kingdom, singly and personally, by our Letters, (i. e. Writs.) XVIII. Et praeterea faciemus submoneri in generali, per Vicecomites & Ballivos nostros, omnes alios qui in capite tenent de nobis, ad certum diem; scilicet ad terminum quadraginta dierum ad minus, & ad certum locum, in omnibus literis submonitionis illius, causam Submonitionis illius exponemus. And furthermore we shall cause to be summoned in general by our Sheriffs and Bailiffs, All others which hold of us In Capi●e at a certain day: That is to say, Forty days at least, (I suppose before the time of meeting though not expressed) and to a certain place: In all Writs of such Summons, We will declare the cause of it. XIX. Et sic facta submonitione, negotium procedat ad diem assignatum, secundum consilium eorum qui praesentes fuerint, quamvis non omnes submoniti venerint. And Summons being thus made, the Business mentioned in them shall proceed, according to the Advice of such as shall be present, although all that were summoned come not. XX. Nos non concedimus de caetero alicui, quod capiat auxilium de liberis hominibus suis, nisi ad corpus suum redimendum; & ad faciendum primogenitum filium suum militem, & ad primogenitam filiam suam semel maritandam; & ad hoc non fiat nisi rationabile auxilium. We will not for the future grant to any one, That he may take Aid of his Freemen, unless to, Redeem his Body, and to make his eldest Son Knight, and once to Marry his eldest Daughter; and for this there shall only be paid a reasonable Aid. XXI. Nullus distringatur ad faciendum majus servitium de feudo mllitis, nec de alio libero tenemento, De est verbum quam. quod inde debetur. No Man shall be distreined to perform more service for a Knight's Fee, or other Free Tenent, than what is due from it. XXII. Communia placita non sequantur curiam nostram, sed teneantur in aliquo loco certo. Recognitiones de nova disseisina, & de morte antecessoris, & de ultima praesentatione, non capiantur nisi in So in a Manuscript Book of Laws in Corpus Christi Library in Cambridge. Comitatibus suis, & hoc modo. Nos (vel si extra regnum fuerimus) capitalis Justitiarius noster, mit●et Justitiarios nostos per unumquemque comitatum per tres vices semel in anno, qui cum militibus Comitatuum, capiant in Comitatibus assisas praedictas. Common Pleas shall not follow our Court, but shall be holden in some certain place. Trials upon the Writs of Novel Disseisin, Death of the Ancestor, and last Presentment to Benefices, shall not be but in their proper Counties, and after this manner: We, or if out of the Kingdom, our Capital or Chief Justiciary, shall send our Justiciaries through every County once in a year, who with the Knights of the Counties, shall hold those Pleas and Trials, or take Verdicts concerning them. XXIII. Et ea quae in illo adventu suo in Comitatibus per Justiciarios praedictos, ad praedictas assisas capiendas missos, terminari non possunt, per eosdem propter difficultatem articulorum aliquorum terminari non possunt, referantur ad Justiciarios nostros de Banco. And those things which at the coming of the Justices into the Counties, sent to take or hold the said Trials or Assizes, cannot be determined, shall be determined otherwhere in their Circuit or Iter: And those things which for the difficulty of some Articles cannot be determined, are referred to our Justices of the Bench. XXIV. Assisae de ultima praesentatione Ecclesiarum, semper capiantur coram Justiciariis de Banco, & ibi terminentur. Assizes of the last Presentation of Churches, shall always be taken before the Justices of the Bench, and there determined. XXV. Liber homo non amercietur pro parvo delicto, nisi secundum modum ipsius delicti; & pro magno delicto, secundum magnitudinem delicti; salvo From the word Continere, signifying Alere, sumptus facere, from whence Contenementum signifies Livelihood, or way of Living. Du Fresa in the word Contenementum. contenemento suo. Et mercator eodem modo, salva marchandisa sua. A Freeman shall not be amercied for a small fault, but according to the manner of the fault, and for a great Crime according to the heinousness of it, saving his Livelihood; and after the same manner a Merchant, saving his; Ability to Trade or Merchandize. XXVI. Et villanus alterius quam noster, eodem modo amercietur; salvo From Gagnagium, a French word, thence Wagnagium, Wannagium. Gaignage Agriculture, or Tillage, sometimes it signifies Horses, and all Implements for Tillage, and sometimes the Crop. Wannagio suo, si inciderit in misericordiam nostram. Et nulla praedictarum misericordiarum ponatur, nisi per Sacramentum proborum & legalium hominum de Visneto Comitatus. And a Villain (i. e. a Rustic or Husbandman) other than ours, shall be amercied after the same manner, saving his Ability to Till his Land, and Exercise Husbandry. If he falls under our Punishment, and none of the foresaid Amerciaments shall be set, but by the Oath of twelve knowing and lawful Men of the Vicenage, and of the same County. XXVII. Comites & Barones non amercientur nisi per pares suos; & non nisi secundum modum delicti. Earls and Barons shall not be amercied but by their Peers, and only according to the Quality of the Crime or Offence. XXVIII. Nullae Ecclesiastica persona amercietur secundum quantitatem beneficii sui, sed secundum laicum tenementum suum, & secundum quantitatem delicti. No Ecclesiastic Person shall be amercied according to the Quantity of his Benefice, but according to his Lay-Tenement, and the Quantity of his Offence. XXIX. Nec villa nec homo destringatur facere pontes ad riparias; nisi qui de antiquo & jure facere debent. Neither Town nor any particular Person shall be distreined to make Bridges over Rivers, unless that anciently and of right they ought to do it. XXX. Nulla riparia de cetero defendetur, nisi illa quae fuerat in defenso tempore Henrici Regis avi nostri. No River for the future shall be imbanked, but what was imbanked in the time of King Henry our Grandfather. XXXI. Nullus Vicecomes, Constabularius, Coronator, vel alii Ballivi nostri, teneant placita Coronae nostrae. No Sheriff, Constable, Coroner, or other Officer of ours, shall hold Pleas of the Crown. XXXII. Omnis Comitatus & Hundredi & Wapentag & Thretingi, sint ad antiquas firmas absque ullo incremento, exceptis Dominicis maneriis nostris. All Counties, Hundreds, Wapentaches, and Trihings, shall stand at the Old Farm, without any increase, except our The Sheriffs anciently used to let, and manage the King's Manners, and answer the Profits. Demeasn Lands. XXXIII. Si aliquis tenens de nobis laicum feudum, moriatur; & Vicecomes vel Ballivus noster literas nostras ostendat patentes de submonitione, This word none ought not to be here. non de debito quod defunctus nobis debuit: liceat Vicecomiti vel Ballivo nostro attachariare & imbreviare catalla defuncti inventa in laico feudo, ad valentiam illius debiti per visum legalium hominum; ita tamen quod nihil inde amoveatur, donec persolvatur debitum nobis quod clarum fuerit, & residuum relinquatur executoribus ad faciendum testamentum defuncti. Et si nil nobis debeatur ab ipso, omnia catalla cedant Forsan potius, Executori. defuncto; salvis uxori ejus & pueris suis rationabilibus partibus. If any one that holds of us a Layfee dies, and the Sheriff or our Bailiff shows our Letters Patents of Into the Exchequer. Summons concerning the Debt due to us from the Defunct, it shall be lawful for the Sheriff or our Bailiff to Attach and Register the Chattels of the Defunct found upon his Layfee to the value of the Debt by the view of Lawful Men; so as nothing be removed, until our clear Debt be paid, and the rest shall be left to the Executors to fulfil the Will of the Defunct; and if there be nothing due from him to us, all the Chattels shall remain to the Defunct, (rather Executor) saving to his Wife and Children their reasonable shares. XXXIV. Si aliquis liber homo intestatus decessit, catalla sua per manus propinquorum, parentum & amicorum suorum per visum ecclesiae distribuantur; salvis unicuique debitis quae defunctus ei debebat. If any Freeman dies intestate, his Chattels shall be distributed by the Hands of his nearest Relations and Friends by view of the Church, (i.e. the Ordinary) saving to every one his Debts due from him. XXXV. Nullus Constabularius vel Ballivus noster capiat blada vel alia catalla alicujus, qui non de villa ubi castrum situm sit, nisi statim inde reddat denarios, aut respectum inde habeat de voluntate venditoris: si autem de villa ipsa fuerit, infra quadraginta dies pretium reddat. No Constable of a Castle, or Bailiff of ours shall take Grain, or other Chattels of any Man, who is not of the Town where the Castle is, unless he presently gives him Money for it, or hath Respite of Payment from the Seller: But if he be of the same Town, he shall pay him within Forty Days. XXXVI. Nullus Constabularius destringat militem aliquem ad dandum denarios pro custodia castri, si ipse eam facere voluerit in propria persona sua, vel per alium probum hominem; si ipse eam facere non possit per rationabilem causam. No Constable of a Castle shall Distrein any Knight to give Money for Castle-Guard, if he will perform it in his own Person, or by another stout Man, if he be hindered by any reasonable Cause. XXXVII. Et si nos duxerimus eum vel miserimus in exercitum, erit quietus de custodia, secundum quantitatem temporis quo per nos fuerit in exercitu, de feudo pro quo fecit servitium in exercitu. And if he shall follow us, or we shall send him into the Army, he shall be free from Castle-Guard, according to the time he shall be in the Army, by our Command, for the Fee for which he performed his Service in the Army. XXXVIII. Nullus Ballivus noster vel Vicecomes, vel alius, capiat equos ●el caretas alicujus pro c●iagio faciendo, nisi reddat liberationem antiquitus statutam; scilicet pro careta ad duos equos, dec●● denarios per diem: & pro careta ad tres equos, quatuordecim denarios per diem. No Officer of ours, or Sheriff, or other, shall take Horses or Carriages of any one, to convey our Goods, unless he shall pay according to the Rate anciently appointed; that is to say, for a Cart and two Horses ten pence a day; and for a Cart with three Horses fourteen pence a day. XXXIX. Nullus Vicecomes vel Ballivus noster capict carectam alicujus liberi hominis pro Carriagio faciendo nisi de voluntate ipsius liberi hominis, etc. in lib. MSS. in Bibliotheca Coll. Corpor. Christi Cantabrig. Nulla careta Dominica alicujus ecclesiastica persona vel militis, vel alicujus Dominae capiatur per Ballivos praedictos; nec nos nec Ballivi nostri nec alii capiemus bosoum alienum ad castra vel agenda nostra, nisi per voluntatem ill us cujus Boscus ille fuerit. No proper Cart of any Ecclesiastic Person, or Knight or Lady, shall be taken by our Officers; neither shall We or our Officers, or others, take any other Man's Timber or Wood for our Castles or other uses, unless by the consent of the Owner. XL. Nos autem non tenebimus terras eorum, qui convicti fuerint de Felonia, nisi per unum annum & unum diem; & tunc reddantur terrae Dominis feudorum. We will hold the Land of those which are Convicted of Felony, but one year and one day, and then they shall be rendered to the Lord of the Fee. XLI. Omnes Kidelli de caetero deponantur penitùs per Tamisiam & per Medewisiam & per totam Angliam; nisi per costam maris: All Wears for the future shall be destroyed in the Rivers of Thames and Medwey, and through all England unless upon the Sea-Coast. XLII. Breve quod vocatur Praecipe, de caetero non fiat alicui de aliquo tenemento, unde liber h●mo perdat causam suam. The Writ which is called Praecipe, for the future shall not be granted to any one, of any Tenement, whereby a Freeman may lose his Cause, or rather his Court, (Vnde liber homo possit amittere This Writ seems to have been such, as would take the Cause or Trial of Right out of the Lords Court, where all Titles of Right were anciently Tried; and this Liber homo was a Lord of a Manner that was in danger to lose his Court by this Writ, by having Trials of Right taken from it. Curiam suam) in MSS. Collegii Corp. Christi Cantab. XLIII. una mensura vini & cervisiae sit per totum regnum nostrum, & una mensura bladi, scilicet quarterium Londinense. Et una latitudo pannorum tinctorum & russeccorum & haubergetorum, scilicet duae ulnae infra listas. De ponderibus vero sit ut de mensuris. There shall be one Measure of Wine and Ale through our whole Kingdom; and one Measure of Grain, that is to say, the London-Quarter: And one Breadth of Dyed clothes, and Russets, and Haberjects; that is to say, Two els within the Lists; and the Weights shall be as the Measures. XLIV. Nihil detur In the same Manuscript. vel capiatur de cetero pro brevi inquisitionis, ab eo qui inquisitionem petit de vita vel membris; sed gratis concedatur & non negetur. Nothing shall be given or taken for the future, for a Writ of Inquisition, from him that desires an Inquisition of Life or Limbs, but it shall be granted gratis, and not denied. XLV. Si aliquis teneat de nobis per feudi firmam vel socagium vel bungagium, & de alio teneat terram per servitium militis; nos non habebimus custodiam haeredis vel terrae suae; quae est de feudo alterius, occasione illius feudi, firmae, vel socagii vel Burgagii; nec habebimus custodiam illius feudi firmae vel socagii vel burgagii, nisi ipsa feudi firma debeat servitium militare. If any one holds of us, by or in Fee-Farm, Soccage, or Burgages, and holds Land of another by Military Service, We will not have the Wardship of the Heir or Land, which is of, or belongs to another Man's Fee, by reason of what he holds of us in Fee-Farm, Soccage, or Burgages. Nor will we have the Wardship or Custody of that Fee-Farm, Soccage, or Burgages, unless the Fee-Farm is bound to perform Military Service. XLVI. Nos non tenebimus custodiam haeredis vel terrae alicujus quam tenet de alio per servitium militare, occasione alicujus parvae Serganteriae, quam tenet de nobis per servitium reddendi cultellos vel sagittas vel hujusmodi. We will not hold the Wardship of an Heir, or any Land which he holds of another by Military Service, by reason of any petit or small Serjeanty he holds of us, by the service of giving us Daggers or Arrows, or the like XLVII. Nullus Ballivus ponat aliquom de caetero ad legem, nec ●d juramentum, simplici loquela sua; sine testibus fidelibus ad hoc inductis. No Bailiff or Officer for the future shall bring any Man under the Sentence of the Law, nor to his Oath, (i. e. Purgation, or Canonical Purgation by his Oath) upon his single Accusation or Testimony, without Credible and honest Witnesses produced to prove it. XLVIII. Nullus liber homo capiatur vel imprisonetur aut disseisietur de aliquo libero tenemento suo, vel libertatibus vel liberis consuetudinibus suis, aut utlagetur aut exulet, aut aliquo alio modo Q. Whether not destruatur. destituatur; nec super eum ibimus nec eum in carcere mittemus, nisi per Legale judicium parium suorum, vel per legem terrae. No Freeman shall be taken, or imprisoned, or disseised of his Free Tenement, or Liberties, or Free Customs or; Outlawed, or Banished, or any way destroyed, nor will we pass upon him, or commit him to Prison, unless by the Legal Judgement of his Peers, or by the Law of the Land, (i. e. by Legal Process, etc.) XLIX. Nulli vendemus, nulli negabimus, aut differemus rectum vel justitiam. We will not sell to any Man, we will not deny any Man, or delay Right or Justice. L. Omnes Mercatores nisi publice prohibiti fuerint, habeant salvum & securum There wants the word Conductum. exire de Anglia & venire in Angliam, & morari & ire tam per terram quam per aquam ad emendum vel vendendum sine omnibus toltis malis, per antiquas & rectas consuetudines, praeterquam in tempore Werrae, & si sint de terra contra nos Werrina. All Merchants, unless they be publicly prohibited, shall have safe and secure Conduct to go out of, and come into England, and to stay there, and pass as well by Land as by Water, to Buy and Sell, by the ancient and allowed Customs only, without any Male-tolts (i. e. Illegal Exactions) except in Time of War, or when they shall be of any Nation in War with us. LI. Et si tales inveniantur in terra nostra in principio Warrae, attachientur sine damno corporum vel rerum; donec sciatur à nobis, vel à capitali Justitiario nostro, quomodo Mercatores terrae nostrae tractentur in terra contra nos Werrina; Et si nostri salvi sint ibi, alii salvi sint in terra nostra. And if there be found such Merchants in our Land in the beginning of a War, they shall be attached, or secured, without Damage to their Bodies or Goods, while it may be known from us, or our Chief Justiciary, how our Merchants are dealt with in that Nation in War with us; and if ours be safe there, they shall be safe in our Land. LII. Liceat unicuique de caetero exire de regno nostro, & redire salvo et secure per terram & per aquam, salva fide nostra; nisi in tempore Guerrae per aliquod breve tempus propter communem utilitatem regni; exceptis imprisonatis & utlagatis, secundum legem Regni, & Gente contra nos Guerrina & Mercatoribus, de quibus fiat sicut supradictum est. It shall be lawful for any one for the future, to go out of our Kingdom, and return safely and securely by Land or by Water, saving his Faith or Allegiance to us; unless in time of War by some short space, for the Commune Profit of the Kingdom, except Prisoners, and Outlaws, (according to the Law of the Land) and People in War with us, and Merchants, who shall be in such Condition, as aforesaid. LIII. Si quis tenuerit de aliqua escheeta, sicut de honore Walingfordiae, Bononiae, Lancastriae, Nottingham vel de aliis escheetis, quae sunt in manu nostra, & sint Baroniae, & obierit; haeres ejus non det aliud relevium, nec faciat nobis aliud servitium quàm faceret Baroni, si illa Baronia esset in manu Baronis: & nos eodem modo eam tenebimus, quo Baro eam tenuit, nec nos occasione talis Baroniae vel Eschaetae habebimus aliquam Eschaetam vel custodiam aliquorum hominum nostrorum, nisi alibi tenuerit de nobis in capite ille qui tenuit Baroniam vel Eschaetam. If any Man holds of any Escheat as of the Honour of Walingford, Bologne, Lancaster, Nottingham, or of other Escheats, which are in our Hands, and are Baronies, and dies, his Heir shall not give any other Relief, or perform any other service to us, than he did to the Baron, if the Barony had been in possession of the Baron; and we will hold it after the same manner the Baron held it. Nor will we by reason of such Barony or Escheat have any Escheat or Wardship of any of our Men, unless he that held the Barony or Escheat, held of Us in Capite in another place. LIV. Homines qui manent extra Forestam, non veniant de caetero coram Justitiariis nostris de Foresta per communes submonitiones; nisi sint in placito, vel plegii alicujus vel aliquorum qui attachiati sunt propter Forestam. Those Men which dwell without the Forest, for the future shall not come before our Justices of the Forest upon Commune Summons, but such as were concerned in the Controversy, or were Pleges for any that were Attached for any thing concerning the Forest. LV. Omnes autem bosci qui fuerunt afforestati per Regem Richardum fratrem nostrum, statim deafforestentur; nisi fuerint * domini bosci nostri. All Woods that were taken into the Forest by King Richard our Brother, shall forthwith be laid out again, unless they were our Demeasn Woods. LVI. Nullus liber homo de caetero det amplius alicui, vel vendat de terra sua, quam ut de residuo terrae suae possit sufficienter fieri Domino feudi servit●um ei debitum, quod pertinet ad feudum illud. No Freeman for the future shall give or sell any more of his Land, but that of the residue the Service due to the Lord of the Fee may be sufficiently performed. LVII. Omnes Omnes Barones qui fundaverunt Abbathias. In MSS. Coll. Corp. Christi. Patroni Abbatiarum, qui habent Chartas regum Angliae de advocatione, vel per aliquam antiquam tenuram vel possessionem, habeant earum custodiam cum vacaverint; sicut habere debent, & sicut supra declaratum est. All Patrons of Abbeys, which have Charts of the Kings of England of the Advowson, or by any ancient Tenure or Possession, may have the Custody of them when void, as they ought to have, and as was declared before. LVIII. Nullus capiatur vel imprisonetur, propter appellationem foeminae, de morte alterius quam viri sui. No Man shall be taken or imprisoned upon the Appeal of a Woman, for the Death of any other Man, than her Husband. LIX. Nullus Comitatus teneatur de caetero, nisi de mense in mensem; & ubi major terminus esse solebat, major sit. No County Court for the future shall be holden, but from month to month; and where there used to be a greater space, let it be so. LX. Nec Vicecomes aliquis, vel Ballivus suus faciat terminum suum per Hundredum, nisi bis in anno, & non nisi in loco debito & consueto; videlicet semel post pascha, & iterum post festum Sancti Michaelis. Et visus similiter de Franco plegio, tunc fiat ad illum terminum Sancti Michaelis sine occasione, ita scilicet quod quilibet habeat suas libertates, quas habuit & habere consuevit tempore Henrici Regis avi nostri, vel quas postea adquisivit. Neither any Sheriff, nor his Bailiff shall keep his Turn oftener than twice in a year, and only in the accustomed place, that is to say, once after Easter, and once after Michaelmas; and the View of Franc Pleges, or Sureties for the Peace of the Freemen one for another, or of the Tithings, shall be then after Michaelmas, without oppression, and so that every one shall have his Liberties, which he had and was wont to have in the Time of King Henry our Grandfather, or such as he obtained afterwards. LXI. Fiat autem visus de Franco plegio sic, ut pax nostra teneatur, & quod tething integra sit sicut esse consuevit; But the view of France Pleges, shall be so made, That our Peace may be kept, and That the Tithing, be whole and full, as it wont to be. LXII. Et quod Vicecomes non quaerat occasiones; & quod contentus sit de eo quod Vicecomes habere consuevit de visu suo faciendo, tempore Henrici Regis avi nostri. And that the Sheriff shall not oppress or vex any man, and that he shall be Content with what the Sheriff wont to have for his view, in the Time of King Henry our Grandfather. LXIII. Non liceat de caetero, alicui dare terram suam domui religionis; ita quod illam resumat tenendam de eadam domo. For the future it shall not be lawful for any man to give his Land to a House of Religion, so as he may take it again, and hold it of that House. LXIV. Nec liceat alicui domui religionis terram sic accipere, quod tradat eam illi à quo illam recepit tenendam. Si quis autem de caetero terram suam sic dederit domui religiosae, & super hoc convincatur; donum suum penitus cassetur, & terra illa domino suo illius feudi incurratur. Nor shall it be lawful for any Religious House so to receive Land, as to pass it to him again, of whom they received it, to hold of them. If any Man for the future shall so give his Land to a Religious House, and be Convicted, his Gift shall be void, and the Land shall be forfeit to the Lord of the Fee. LXV. Scutagium de caetero oapiatur, sicut capi tempore Regis Henrici avi nostri consuevit; & quod Vicecomes non quaerat occasiones, & quod contentus sit de eo quod Vicecomes habere consuevit. Scutage for the Future shall be taken, as it used to be taken, in the time of King Henry our Grandfather, and that the Sheriff vex no Man, and be content with what the Sheriff was wont to receive. LXVI. Omnes autem consuetudines praedictas & libertates quas concessimus in regno nostro tenendas, quantum ad nos pertinet erga omnes homines nostros de regno nostro, tam Clerici quam Laici nostri observent, quantum ad se pertinet erga homines suos. All the foresaid Customs and Liberties which we have Granted to be holden in our Kingdom, as much as it belongs to us towards our Men of the Kingdom; Our Clercs and Laics shall observe as much as it shall belong to them, towards their Men. LXVII. Salvis Archiepiscopis, Episcopis, Abbatibus, Prioribus, Templariis, Hospitalariis, Comitibus, Baronibus, Militibus, &, omnibus aliis tam ecclesiasticis personis quam soecularibus, libertatibus & liberis consuetudinibus, quas prius habuerunt. His testibus, etc. Saving to the Archbishops, Bishops, Abbats, Priors, Templars, Hospitallers, Earls, Barons, Knights, and all others, as well Ecclesiastics as Seculars, the Liberties, and Free Customs which they had before, these being Witnesses, etc. King JOHN's Charter of Forests, as 'tis to be found in Matthew Paris, Fol. 250. N. 40. Translated and Divided into Articles or Chapters. JOhannes Dei gratia Rex Angliae, etc. Sciatis quod intuitu Dei, Mat. Paris, f. 259. n. 40. & pro salute animae nostrae, & animarum antecessorum & successorum, N. 113 ad exaltationem Sanctae Ecclesiae, & emendationem regni nostri; spontunea & bona voluntate nostra dedimus, concessimus pro nobis & haeredibus nostris, has libertates subscriptas, habendas & tenendas in regno nostro Angliae in perpetuum. JOHN, by the Grace of God King of England, etc. Know ye, That for the Ho●our of God, and the Health of our Soul, and the Souls of our Antecessors and Successors, and for the Exaltation of Holy Church, and the Amendment of our Kingdom, We have of our Free and Good Will Gi●en and Granted for Us and our Heirs, these Liberties underwritten, To Have and to Hold in our Kingdom of England for ever. I. In primis omnes forestae, quas Rex Henricus avus noster afforestavit, videantur per probos & legales homines, & si boscum aliquem alium quam suum dominicum afforestaverit ad damnum illius, cujus hoscus fuerit, statim deafforestetur. Et si boscum suum proprium afforestaverit, remaneat foresta, salva communia de herbagi● & rebus aliis in eadem foresta, illis qui eam prius habere consueverunt. First of all, Whatsoever our Grandfather King Henry made Forest, or Forested, shall be viewed by knowing and lawful Men; and if he turned any other than his own proper Wood into Forest, to the damage of him whose Wood it was, it shall forthwith be laid out again, and disafforested: And if he turned his own Woods into Forest, they shall remain so, saving the Common of Herbage in the same Forest to those, who formerly were wont to have it. II. Homines qui manent extra forestam, non veniant de cetero coram Justiciariis nostris de foresta p●r communes submonitiones; nisi sint in placito, vel plegii alicujus vel aliquorum qui attachiati sunt propter forestam. Omnes autem bosci qui fuerunt afforestati per Regem Richardum fratrem nostrum, statim deafforestentur; nisi fuerint Dominici bosci nostri. They which dwell without the Forest, for the time to come, shall not upon Common Summons appear before our Justices of the Forest, unless they shall be concerned in the Controversy, or be Pleges or Sureties for such as are attached or arrested for any matter concerning the Forest: All Woods that were turned into Forest by our Brother King Richard, shall be forthwith, disafforested, unless they are our Demeasn Woods. III. Archiepiscopi, Episcopi, Abbates, Priores, Comites, Barones, Milites & Libere Tenentes, qui boscos habent in foresta; habeant boscos suos, sicut eos habuerunt tempore primae Coronationis praedicti Regis Henrici avi nostri; ita quod quieti sint in perpetuum de omnibus purpresturis, vastis & assartis factis in illis boscis post illud tempus, usque ad principium secundi anni coronationis nostrae. Et qui de caetero vastum purpresturam vel essartum facient sine licentia nostra in illis boscis, de vastis purpresturis & assartis respondeant. The Archbishops, Bishops, Abbats, Priors, Earls, Barons, Knights and Free Tenants, which have Woods in any Forest, shall have their Woods as they had them in the time of the first Coronation of our said Grandfather King Henry, so as they shall be discharged for ever of all Purprestures, (i. e. Encroachments upon the King's Lands, Highways, etc.) Wastes, and Assarts, (i. e. stubbing up Wood, clearing the Ground, and converting it into Arable without Licence) made in those Woods after that time to the beginning of the second year of our Coronation. And those which for the time to come shall make Waste, Purpresture, or Essart in those Woods without our Licence, shall answer for them. IV. Regard●ores nostri eant per forestas, ad faciendum regardum, sicut fieri consuevit tempore primae coronationis praedicti Regis Henrici avi nostri, & non aliter. Our Regarders or Viewers shall go through the Forests, to make a View or Regard, as it was wont to be at the time of the first Coronation of our said Grandfather King Henry, and not otherwise. V. Inquisitio vel visus de expeditione canum existentium in foresta de caetero fiat, quando fieri debet regardum; scilicet de tertio anno in tertium annum; & tunc fiat per visum & testimonium legalium hominum, & non aliter. Et ille, cujus canis inventus fuerit tunc non expeditatus, pro misericordia det tres solidos; & de caetero nullus bos capiatur pro expeditatione. Talis autem expeditatio sit per assisam communiter, quod tres ortilli abscindantur de pede anteriori sine poleta. Non expeditentur canes de caetero, nisi in locis ubi expeditari solent tempore primae coronationis praedicti Henrici Regis avi nostri. The Inquisition or View for Lawing of Dogs, which are kept within the Forest, for the Future shall be when the Regard is made, that is every three years, and then it shall be done by the View and Testimony of lawful Men, and not otherwise. And he whose Dog at such time shall be found unlawed, shall be punished three Shillings. And for the Future, no It should seem before this time an Ox was taken of him whose Dog was found unlawed. Ox shall be taken for Lawing, and such Lawing shall be according to the Common Assize or Establishment, so as three fore-Claws of the Dog's Foot shall be cut off, or the Ball of his Foot cut out. For the Future Dogs shall not be Lawed, unless in such Places where they were wont to be Lawed in the time of King Henry our Grandfather. VI Nullus forestarius vel Budellus, faciat de caetero Scotallum, vel colligat garbas, vel avenam, vel bladum aliud, vel agnos vel porcellos, nec aliquam collectam faciat; & per visum & sacramentum duodecim regardatorum quando facient regardum, tot forestarii ponantur ad forestas custodiendas, quot ad illas custodiendas rationabiliter viderint fussicere. No Forester or Bedell for the time to come shall make any It was where an Officer of the Forest sold Ale, causing men to spend their money, for fear he should inform against them. Ale-Shots, or Collect Sheafs of Corn, or Oats, or Wheat, or Lambs, or Pigs, nor shall make any Gathering or Imposition whatsoever. And by the View and Oath of Twelve Regarders, when they make their Regard, so many Foresters shall be appointed to keep the Forests, as they shall reasonably think sufficient. VII. Nullum A Court of Tenants within the Forest before the Verderers. suanimotum de caetero teneatur in regno nostro, nisi ter in anno; videlicet in principio quindecim dierum ante festum Sancti Michaelis, quando agistatores veniunt ad agistandum Dominicos boscos; & circa festum Sancti Martini, quando agistatores nostri debent accipere panagium suum. Et ad ista duo suanimota, convenient Forestarii, viridiarii & agistatores; & nullus alius per districtionem. Et tertium suanimotum teneatur in initio xv. dierum ante festum Sancti Johannis Baptistae pro soenatione bestiarum nostrarum; & ad istum suanimotum convenient Forestarii, viridarii, & non alii per districtionem. No Swainmote for the time to come, shall be holden in our Kingdom oftener than thrice in one year: That is to say, in the beginning of Fifteen days before St. Michael, when the Such as took in Strangers Hogs and Cattle to Feed in the King's Woods and Forests, and received the money for them. Agisters come to Agist the Demeasn Woods; and about the Feast of St. Martin, when our Agisters ought to receive their Panage, (i. e. Money for the Mast of Hogs in the King's Woods and Forests:) And in those two Swainmotes, the Foresters, Verderers and Agisters shall meet, and no other by Compulsion: And the third Swainmote shall be holden in the beginning of Fifteen days before the Feast of St. John Baptist, concerning the Fawning of our Does, and at this Swainmote shall meet the Foresters and Verderers, and no others shall be compelled to be there. VIII. Et praeterea singulis quadraginta diebus, per totum annum, convenient viridarii & forestarii ad videndum attachiamenta de Foresta; tam de viridi quam de venatione per praesentationem ipsorum Forestariorum, & coram ipsis attachientur. Praedicta autem suanimota non teneantur, nisi in Comitatibus in quibus teneri consueverunt. And furthermore, every forty days throughout the whole year the Verderers and Foresters shall meet to View the Attachments of the Forest, as well of Vert as Venison, (i. e. to see what Offences had been committed concerning the Herbage or Venison) by Presentment of the Foresters themselves, and they who committed the Offences shall be forced to appear before them: But the aforesaid Swainmotes shall be holden, but in such Counties as they were wont to be holden. IX. Vnusquisque liber homo agistet boscum suum in Foresta pro voluntate sua; & habeant pannagium suum. Every Freeman shall Agist his Wood in the Forest (that is, take in Strangers Hogs and Cattle, or put in his own to feed in them) at his pleasure, and shall receive his Pannage. X. Concedimus etiam quod unusquisque liber homo possit ducere porcos suos per Dominicum boscum nostrum, libere & sine impedimento; & ad agistandum eos in boscis suis propriis vel alibi ubi voluerit. Et si porci alicujus liberi hominis una nocte pernoctaverint in Foresta nostra, non inde occasionetur; ita quod aliquid de suo perdat. We Grant also, That every Free-Man may drive his Hogs through our Demeasn Woods freely and without Impediment; and to agist them in his own proper Woods, or otherwhere as he will. And if the Hogs of any Freeman shall remain one night in our Forest, he shall not be troubled for it, so as he may lose any thing, (i. e. pay any thing for it) XI. Nullus de caetero amittat vitam vel membra pro venatione nostra; sed si aliquis captus fuerit & convictus de captione venationis, graviter redimatur, si habeat unde redimi possit, & si non unde redimi possit, jaceat in prisona nostra per annum unum & unum diem. Et si post annum unum & unum diem plegios invenire possit, exeat à prisona; sin autem abjuret regnum nostrum Angliae. No Man for the time to come shall lose Life or Limb for taking our Venison: but if any one be taken and convicted of taking Venison, he shall be grievously punished, if he hath wherewithal; and if he have not, he shall lie in our Prison a year and a day: And if after that time he can find Sureties, he shall be released; if not, he shall abjure our Kingdom of England. XII. Quicunque Archiepiscopus, Episcopus, Comes vel Baro veniens ad nos per mandatum nostrum transierit per Forestam nostram, licet illi capere unam vel duas bestias per visum Forestarii si praesens fuerit; sin autem, faciat cornari, ne videatur hoc furtive facere. Item licet in redeundo idem eis facere sicut praedictum est. Every Archbishop, Bishop, Earl or Baron coming to us at our Command, and passeth through our Forest, may lawfully take one or two Deer by view of the Forester if present: If not, he shall cause a Horn to be wound, lest he should seem to steal them. Also in their Return they may lawfully do the same thing. XIII. Vnusquisque liber homo de caetero sine occasione faciat in bosco suo vel in terra sua, quam habet in Foresta molendinum, v●varium, stagnum, marleram, Fossatum vel terram arabilem, extra coopertum in terra arabili; ita quod non sit ad nocumentum alicujus Vicini. Every Freeman for the time to come, may Erect a Mill in his own Wood, or upon his own Land, which he hath in the Forest: Or Make a Warren, a Pool, or Pond, a Marle-Pit, or Ditch, or turn some of it into Arable, without the Covert in Arable Land, so as it be not to the Nuisance of his Neighbour; (i. e. hurt or damage of his Neighbour.) XIV. Vnusquisque liber homo habeat in boscis suis, Aerias accipitrum, spervariorum, falconum, aquilarum & heironum; & habeant similiter mel quod inventum fuerit in boscis suis. Every Freeman may have in his Woods the eyries of Hawks, of Sper-Hawks, Falcons, Eagles, and of Herons; and they shall likewise have the Honey which shall be found in their Woods. XV. Nullus Forestarius de caetero, qui non sit Forestarius de feudo, reddens firmam nobis pro balliva sua, capiat cheminagium, scilicet pro careta per dimidium annum, duos denarios; & per alium dimidium annum, duos denarios; & pro equo qui portat summagium, per dimidium annum, unum obolum; & per alium dimidium annum, unum obolum; & non nisi de illis qui extra ballivam suam tanquam Mercatores veniunt, per licentiam suam in Ballivam suam, ad buscam meiremium corticem vel carbonem emendum, & alias ducendum ad vendendum ubi voluerint. Et de nulla careta alia vel summagio, al●quod cheminagium capiatur; non capiatur cheminagium, nisi in locis illis ubi antiquitur capi solebat & debuit. Illi autem qui portant super dorsum suam buscam, corticem vel carbonem ad vendendum, quamvis inde vivant; nullum de caetero dent cheminagium. De boscis aliorum, nullum detur cheminagium, Forestariis nostris, praeterquam de Dominicis boscis nostris. No Forester for the future, who is not a Forester in Fee, paying us Rent for his Office, shall take Cheminage, (i. e. Money for passing upon the Ways or Roads through the Forest) That is to say, for every Cart two pence for half a year, and for the other half year two pence; and for a Horse that carries Burdens, for half a year one half penny; and only of those, that come as Merchants out of his Bayliwick or Liberty, to buyVnder-Wood, Timber, Bark, or Char-Coal; and to carry it, to sell it in other places where they will. And there shall be no Chiminage taken for any other Cart or Burden, unless in those places, where anciently it was wont, and aught to be taken. But they which carry Wood, Bark, or Coal, upon their Backs to sell, although they get a Livelihood by it, shall for the time to come pay no Cheminage. For passage through the Woods of other Men no Cheminage shall be given to our Foresters. XVI. Omnes utlagati pro Foresta, à tempore Regis Henrici avi nostri, usque ad primam Coronationem nostram veniant ad pacem sine impedimento; & salvos plegios inveniant, quod de caetero non forisfacient nobis de Foresta nostra. All Persons Outlawed for Offences committed in our Forest, from the time of King Henry our Grandfather, until our first Coronation, may Reverse their Outlawries without Impediment, and shall find Pleges, that for the time to come they will not forfeit to us (i. e. commit any offence) in our Forest. XVII. Nullus Castellanus vel alius teneat placitum de foresta, sive de viridi sive de venatione; sed quilibet Forestarius de feudo attachiet placita de foresta, tam de viridi quam de venatione, & ea praesentet viridariis provinciarum; & cum rotulata fuerint & sub sigillis viridariorum inclusa, praesententur capitali Forestario cum in partes ill●s venerit ad tenendum placita forestae, & coram eo terminentur. No Castellan (i e. Constable, or Governor of a Castle) shall hold Pleas of the Forest, whether of Vert, or of Venison. But every Forester in Fee shall attach Pleas of the Forest, (that is, shall attach the Body or Goods of the Offenders to make them appear to answer their Offences) as well concerning Vert as Venison, and shall present the Pleas or Offences to the Verderers of the several Counties; and when they shall be enrolled, and wound up in Wax, and sealed by the Verderers, they shall be presented to the Chief Forester, when he shall come into those parts to Hold Pleas of the Forest, and shall be determined before him. XVIII. Omnes autem consuetudines praedictas & libertates, quas nos concessimus in regno tenendas, quantum ad nos pertinet erga nostros, omnes de regno nostro tam Laici quam Clerici observent, quantum ad se pertinet, erga suos. And all the Customs aforesaid, and Liberties, which we have granted, to be, holden in our Kingdom, as much as it belongs to us, towards ours (understand Men) all of our Kingdom, (or Government) as well Lays as Cleres, shall observe as much as it shall appertain to them, toward theirs, (understand Men.) Mat. Paris, f. 263. n. 10. JOhannes Dei gratia Rex Angliae, Dominus Hiberniae, Dux Normanniae & Aquitaniae, Comes Andegavensis Archiepiscopis, Episcopis, N. 114 Comitibus, Baronibus, Militibus, Ballivis, & omnibus has literas visuris, salutem. Quoniam inter nos & venerabiles Patres nostros, Stephanum Cantuariensem totius Angliae Primatem & Sanctae Ecclesiae Romanae Cardinalem, Willielmum Londoniensem, Eustachium Elyensem, Aegidium Herefordensem, jocelinum Bathoniensem & Glastonensem, & Hugonem Lincolniensem Episcopos, super damnis & ablatis eorum tempore Interdicti, per Dei gratiam de mera & libera voluntate utriusque partis plenè convenit; volumus non solum eis quantum secundum Deum possumus satisfacere, verum etiam toti Ecclesiae Anglicanae salubriter & utiliter in perpetuum providere. Ind est quod qualiscumque consuetudo temporibus nostris & praedecessorum nostrorum hactenus in Ecclesia Anglicana fuerit observata, & quicquid Juris nobis hactenus vendicaverimus; de caetero in universis & singulis Ecclesiis, & Monasteriis, Cathedralibus, et Conventualibus, totius regni Angliae, liberae sint in perpetuum, electiones quorumcumque Praelatorum, majorum et minorum; salba nobis et haeredibus nostris, custodia Ecclesiarum, & Monasteriorum vacantium, quae ad nos pertinent. Promittimus etiam, quod nec impediemus nec impediri permittemus per nostros, nec procurabimus, quin in universis & singulis monasteriis & Ecclesiis, postquam vacaverint praelaturae, quemcumque voluerint liberè sibi praeficient electores pastorem; petita tamen à nobis prius & haeredibus nostris licentia eligendi; quam non denegabimus nec differemus. Et si forte accidat quod denegaremus, vel differremus; nihilominus procedant electores ad electionem Canonicam faciendam. Et similiter post celebratam electionem, noster requiratur assensus, quem non denegabimus, nisi adversus eandem rationale proposuerimus, & legitimè probaverimus propter quod non debemus consentire. Quare volumnus & firmiter jubemus, ne quis vacantibus Ecclesiis vel Monasteriis, contra hanc nostram Concessionem & Constitutionem in aliquo veniat vel venire praesumat. Si quis vero contra hoc aliquo tempore veniat, maledictionem Dei omnipotentis & nostram incurrat. His testibus Petro Wintoniensi Episcopo, Willielmo Mareschallo, Comite Penbroc, Willielmo Comite Warrenniae, Ranulpho Comite Cestriae, Sahero Comite Wintoniensi, Galfrido de Mandevilla Comite Gloverniae et Essexiae, Willielmo Comite de Ferrariis, G. Briewere, W. filio Geraldi, Willielmo de Cantelupo, Hugone de Novilla, Roberto de Wer, W. de Huntingefeld. Datum per manum Magistri Roberti de Marisco Cancellarii nostri, decimo quinto die Januarii, apud novum Templum Londini; Anno Regni nostri decimo sexto. INnocentius Episcopus, etc. Ibidem. f. 262. n. 40. Venerabilibus fratribus & dilectis filiis universis Ecclesiarum Praelatis per Angliam constitutis. Salutem & Apostolicam N. 115 Benedictionem. Dignis laudibus, attollimus magnificentiam creatoris, postquam idem, qui est mirabilis & terribilis in Consiliis super filios hominum, aliquandiu toleravit ut perflando discurreret per areolam horti sui, spiritus tempestatis quasi ludens, taliter in orbe terrarum, ut sic oftenderet infirmitatem, & insufficientiam nostram, statim cum voluit, dixit Aquiloni, Fla, & Austro noli pro●ibere, imperansque ventis per mare statuit procellam in auram, ut nautae portum Quietis inveniant praeptatum. Cumque igitur inter Regnum & Sacerdotium Anglicanum, non sine magno periculo atque damno, super electionibus praelatorum gravis fuerit controversia diutius agitata; Illo tandem, eui nihil impossibile est, quique ubi vult spirat mirabiliter operante, charissimus Iohannes Rex Anglorum illustris, liberaliter ex mera & spontanea voluntate, de consensu communi Baronum suorum, pro salute animae suae, & praedecessorum suorum & Successorum Vobis concessit, & suis literis confirmavit: ut de caetero in universis & singulis Ecclesiis ac Monasteriis, Cathedralibus & Conventualibus totius Regni Angliae, in perpetuum, liberae fiant electiones quorumcumque Praelatorum, majorum, & etiam minorum. Nos igitur hoc gratum & rarum habentes, concessionem hujusmodi, vobis & per vos Ecclesiis & Successoribus vestris, prout in eisdem literis Regis perspeximus contineri, authoritate Apostolica confirmamus, & praesentis scripti patrocinio communimus. Nulli ergo omnino homini liceat hanc paginam nostrae confirmationis infringere, vel ei ausu temerario contraire. Si quis autem hoc attentare praesumpserit, indignationem omnipotentis Dei, & Beatorum Petri & Pauli Apostolorum ejus, se noverit incursurum. Datum Laterani, tertio Calendas Aprilis; Pontificatus nostri anno decimo octavo. He was chosen Pope January the 9th 1198. King John 's Grant was included and inserted in this Pope's Bull; but for the clearer understanding of them both, they are here Printed distinctly. Ibid. f. 261. n. 10. CVm autem pro Deo & ad emendationem Regni nostri, & ad melius N. 116 sopiendam discordiam inter nos & Barones nostros, haec omnia concessimus, volentes ea integra & firma stabilitate gaudere, facimus & concedimus eis securitatem subscriptum: Videlicet quod Barones eligant viginti quinque Barones de regno nostro quos voluerint, qui debeant pro totis viribus suis observare, tenere, & facere observari pacem & libertates quas eis concessimus, & hac praesenti charta confirmavimus, ita scilicet, quod si per nos vel justitiarium nostrum erga aliquem in aliquo deliquiverimus, vel aliquem articulorum pacis vel securitatis transgressi fuerimus, & delictum fuerit ostensum quatuor Baronibus de viginti quinque Baronibus; illi quatuor Barones accedent ad nos, & ad justiciarium nostrum, si fuerimus extra regnum, & proponentes nobis excessum, petent ut sine dilatione faciamus emendari. Et si nos excessum non emendaverimus (vel justiciarius noster si fuerimus extra regnum) inter tempus quadraginta dierum, computando à tempore quo monstratum fuerit nobis, praedicti quatuor Barones referent causam illam ad residuos de illis viginti quinque Baronibus. Et illi Barones cum communa totius terrae, distringent & gravabunt nos modis omnibus quibus poterunt: scilicet per captionem castrorum, terrarum, possessionum et aliis modis quibus potuerint; donec fuerit emendatum secundum arbitrium eorum; salva persona nostra,; & Reginae nostrae, & liberorum nostrorum. Et cum fuerit emendatum, intendent nobis sicut prius fecerunt. Et quicunque voluerit de terra, juret quod ad praedicta omnia exequenda parebit mandatis praedictorum viginti quinque Baronum: & quod gravabit nos pro posse cum ipsis. Et nos publice & liberè damus licentiam jurandi cuilibet, qui jurare voluerit; & nulli unquam jurare prohibehimus, Omnes autem illos de terra nostra, qui per se & sponte sua voluerint jurare viginti quinque Baronibus de distringendo nos, & gravando nos cum eis, faciemus jurare eosdem de mandato nostro, sicut praedictum est. In omnibus autem istis, quae viginti quinque Baronibus committuntur exequenda, si forte in aliquo inter se discordaverint, vel aliqui ex eis summoniti noluerint vel nequiverint interesse; ratum habeatur & firmum, quod major pars eorum providerit vel praeceperit, ac si omnes viginti quinque in hoc concessissent. Et viginti quinque Barones jurent, quod omnia antedicta fideliter observabunt, & pro toto posse suo facient observari. Et nos nihil impertrabimus per nos nec per alium, per quod aliquid istarum concessionum & libertatum revocetur aut minuatur. Et si aliquid tale fuerit impetratum, irritum sit et inane; et nunquam eo utemur per nos vel per alium. Et omnes malas voluntates, & indignationes, & rancores ortos inter nos & homines nostros Clericos & Laicos a tempore discordiae, plene omnibus remisimus & condonabimus. Et ad melius distringendum nos, quatuor Castellani, de Norhanton scilicet, de Kenillewurche, de Nottingham, & de Scardeburck, erunt jurati viginti quinque Baronibus; quod facient de castris praedictis quod ipsi praeceperint & mandaverint, vel major pars eorum. Et tales semper Castellani ponantur in illis Castris, qui fideles sint, & nolint transgredi juramentum suum. Et nos amovebimus omnes alienigenas à terra, Parentes omnes Girardi de Athies, Engelardum scilicet, Andream, Petrum, Gyonem de Chanceles, Gyonem de Cigvini, uxorem praedicti Girardi cum omnibus liberis suis Gaufridum, de Martenni, & fratres ejus, Philippum, Marc, & fratres ejus, & G. nepotem ejus, Falconem, & Flandrenses omnes & ruptarios, qui sunt ad nocumentum Regni. Praeterea omnes transgressiones factas occasione hujus discordiae a Pascha transacto, qui fuit annus decimus sextus, usque ad hanc pacem reformatam, plene remisimus omnibus Clericis & Laicis, & quantum ad nos pertinet, plene condonavimus. Et insuper fecimus illis sieri literas testimoniales & paten●es Domini Stephani Cantuariensis Archiepiscopi, Domini Henrici Dublinensis Archiepiscopi, Domini Pandulphi Subdiaconi & Domini Papae familiaris, & Episcoporum praedictorum, super securitate ista concessionibus praefatis. Quare volumus & firmiter praecipimus, quod Anglicana Ecclesia libera sit, & quod omnes homines de regno nostro habeant & teneant omnes libertates praefatas, jura & consuetudines bene & in pace, liberè & quietè, plenè & integrè, sibi & haeredibus suis, de nobis & haeredibus nostris, in omnibus rebus, & locis in perpetuum, ut praedictum est. juratum autem est tam ex parte nostra quam ex parte Baronum, quod haec omnia supradicta, bona fide, & sine malo ingenio, observabimus: testibus supradictis & multis aliis. Data per manum nostram in prato quod vocatur Riningemade, inter Stanes & Windeleshores, decimo quinto die Junii, Anno Regni nostri decimo Septimo. REx Stephano Harengod etc. Pat. 17. Johan. M. 23. n. 111. Sciatis quod firma pax facta est per Dei gratiam inter nos & Barones nostros die Veneris proxima post festum Sanctae Trinitatis apud Rimemed prope Stanes, Ita quod eorum N. 117 homagia eodem die ibidem cepimus. Vnde vobis mandamus firmiter praecipientes quos sicut nos & honorem nostrum diligitis & pacem regni nostri, ne ulterius turbetur quod nullum malum de caetero faciatis Baronibus nostris vel aliis vel fieri permittatis, occasione discordiae prius ortae inter nos & eos. Mandamus etiam vobis quod de finibus & censariis nobis factis occasione illius discordiae si quid superest reddendum ultra praedictam diem Veneris nichil capiatis. Et si quid post illum diem Veneris cepistis illud statim reddatis. Et corpora prisonum & obsidum captorum & detentorum occasione hujusmodi guerrae vel finium vel Censoriarum praedictarum sine dilatione deliberetis. Haec omnia praedicta sicut corpus nostrum diligitis faciatis. Et in hujus, etc. Vobis mittimus. Teste me ipso apud Rimem●d dicimo octavo Die Junii Anno Regni nostri decimo Septimo. REx Vicecomitibus Forestariis Warrennarits Custodibus Ripariarum & omnibus Ballivis suis in eodem Comitatu Salutem. Pat. 17. Johan. M. 23. Dor. Sciatis pacem firmam esse reformatam per Dei gratiam inter nos & Barones & N. 118 liberos homines Regni nostri sicut audire poteritis et inde per Cartam nostram quam inde fieri fecimus quam etiam legi publice praecepimus per totam Ballivam vestram et sirmiter teneri. Volentes et districte praecipientes quod tu Vic comites omnes de Balliva tua secundum formam Cartae praedictae jurare facias viginti quinque Baronibus de quibus mentio sit in Carta praedicta ad mandatum eorundem vel majoris partis eorum coram ipsis vel illis quos ad hoc attornaverint per literas suas Patentes et ad diem et locum quos ad hoc faciendum praefixerint praedicti Barones vel attornati ab eis ad hoc. Volumus etiam et praecipimus quod duodecim Milites de Comitatu tuo qui eligentur de ipso Comitatu in Primo Comitatu qui tenebitur post susceptionem Literarum istarum in partibus tuis jurent de inquirendis pravis consuetudinibus tam de Vicecomitibus quam eorum Ministris forestis forestariis, Warennis et Warennariis Ripariis et earum Custodibus et eis delendis sicut in ipsa Carta Continetur. Vos igitur omnes sicut nos et honorem nostrum diligitis et pacem Regni nostri omnia in Carta contenta inviolabiliter observetis et ob omnibus observari faciatis ne pro defectu vestri aut per excessum vestrum pacem Regni nostri, quod Deus avertat, iterum turbari contingat. Et tu Vicecomes pacem nostram per totam Ballivam tuam clamari facias et firmiter teneri praecipias. Et in hujus, etc. Vobis mittimus. Teste meipso apud Runimed decimo nono die Junii Anno Regni nostri decimo Septimo. Pat. 17. Johan. M. 21. n. 105. REx Vicecomiti Warwic et duodecim Militibus Electis in eodem Comitatu ad inquirendum et delendum pravas Consuetudines de Vicecomitibus N. 119 et eorum ministris forestis et forestariis, Warennis et Warennariis, Ripariis et earum Custodibus. Salutem. Mandamus vobis quod statim et sine dilatione saisi tis in manum nostram terras et tenementa et Catalla omnium illorum de Comitatu Warewic qui jurare contradixerint viginti quinque Baronibus secundum formam contentam in Carta nostra de libertatibus vel eis quos ad hoc attornaverint. Et si jurare noluerint statim post quindecim dies completos praeterquam terrae et tenementa et Catalla eorum in manu nostra saisita fuerint Omnia Catalla sua vendi faciatis et denarios inde perceptos salvo custodiatis deputandos subsidio Terrae Sanctae. Terras autem et tenementa eorum in manu nostra teneatis quousque juraverint. Et hoc provisum est per judicium Domini Cantuariensis Archiepiscopi, et Baronum Regni nostri. Et in hujus, etc. Teste meipso apud Winton vicesimo Septimo die Junii Anno Regni nostri decimo Septimo. Idem mandatum est Omnibus Vicecomitibus Angliae. Claus. 17. Johan. M. 21. Dor. HAec est conventio inter Dominum Johannem Regem Angliae ex una parte et Robertum filium Walteri Mareschallum Exercitus D●i et N. 120 Sanctae Ecclesiae in Anglia et Richardum Comitem de Clare Galfridum Comitem Essexiae et Gloucestriae Rogerum Bygod Comitem Norfforch et Suffolch Saherum Comitem Wyntoniae Robertum Comitem Oxoniae Henricum Comitem Hereford et Barones subscriptos, scilicet W. Mariscallum juniorem Eustachium de Vescy, Willielmum de Mobray Johannem filium Roberti Rogerum de monte Begon Willielmum de Lannalay et alios Comites et Barones et liberos homines totius Regni ex altera parte. Videlicet, quod ipsi Comites et Barones et alii praescripti tenebunt Civitatem London de Ballivo Domini Regis salvis interim Domino Regi firmis redditibus et cla ris debitis suis usque ad assumptionem Beatae Mariae Anno, etc. Decimo Septimo. Et Dominus Cantuariensis tenebit similiter de Ballivo Domini Regis Turrim London usque ad praedictum terminum Salvis Civitati London libertatibus suis et liberis Consuetudinibus suis et salvo cuilibet jure suo in C●stodia Turris London. Et ita quod interim non ponat Dominus Rex munitionem vel vires alias in Civitate praedicta vel in Tu●ri London. Fiant etiam infra praedictum terminum Sacramenta per totam Angliam viginti quinque Baronibus sicut continentur in Carta de libertatibus & securitate regno concessis vel attornatis viginti quinque Baronibus sicut con●inentur in Literis de duodecem Militibus eligendis ad delendas malas Consuetudines de forestis & aliis & praeterea infra eundem terminum omnia quae Comites & Barones & alii liberi homines petunt à Domino Rege quae ipse dixerit esse reddenda vel quae per viginti quinque Barones aut p●r majorem partem eorum judicata fuerint esse reddenda reddantur secundum formam praedictae Cartae & si haec facta fuerint vel per Dominum Regem non steterit quominus ista facta fuerint infra praedictum terminum tum Civitas & Turris London ad eundem terminum statim reddantur Domino Regi salvis praedictae Civitati libertatibus & liberis Consuetudinibus suis sicut praescriptum est. Et si haec facta non fuerint & per Dominum Regem steterit quod ista non fiant infra praedictum terminum Barones tenebunt Civitatem praedictam & Dominus Archiepiscopus Turrim London donec praedicta compleantur. Et interim omnes ex utraque parte recuperabunt terras castra & villas quas habuerunt in initio Gwerrae ortae inter Dominum Regem & Barones. RObertus filius Walteri, Mareschallus exercitus Dei & Sanctae Ecclesiae, & alii Magnates ejusdem exercitus; Ibid. f. 265. n. 20. nobili viro N. 121 Willielmo de Albineto salutem. Bene scitis quam magnum commodum sit vobis & nobis omnibus, servare Civitatem Londoniarum qua est receptaculum nostrum; & quantum dedecus esset & damnum nobis, si per defectum nostrum eam amitteremus. Sciatis etiam certissimè quod praemoniti fuerimus, quod quidam sunt qui nihil aliud expectant, nisi quod recessissemus à Civitate praedicta, ut ita eam subito possent occupare. Et ideo per commune consilium prolongavimus Torneamentum, quod captum fuit apud Stanfort, die Lunae proxima post festum Apostolorum Petri & Pauli, usque ad diem Lunae proximam post octavas praedictas. Erit autem Torneamentum juxta Londinum in Bruera de Stanes, & villam de Hundeslawe, & hoc fecimus propter securitatem nostram & Civitatis praedictae. Et ideo mandamus vobis & rogamus diligenter, quod ad Torneamentum praedictum, cum equis & armis ita provide veniatis, quod honorem inde habeatis. Qui melius ibi faciet, habebit ursum, quem Domina quaedam mittet ad Torneamentum. Valete. INnocentius Episcopus Servus Servorum Dei, Pat. 16 Johan. parte prima, M. r. Dor. n. 3. Venerabilibus Fratribus Stephano Cantuariensi Archiepiscopo Sanctae Romanae Eccl siae Cardinali & Suffraganeis ejus salutem, & Apostolicam Benedictionem. Mirari N. 122 cogimur & moveri grave gerentes plurimum & molestum quod cum inter vos et Karissimum in Christo filium nostrum Johannem Regem Angliae illustrem pax ad honorem Dei & Ecclesiae sit feliciter reformata, diss●nsiones inter ipsum & quosdam Magnates atque Barones nec non Complices eorundem dissimulastis hactenus & conniventibus oculis pertransitis ad sopiendas illas non curantes interponere partes vestras quamvis nullatenus ignoretis quod nisi feliciter fuerint p●udenti consilio ac studio diligenti sopitae tantum ac ●ale scandalum earum occasione possit accidere toti regno quod forte nequiret absque multo dispendio ac magno labore sedari nonnullis suspicantibus & dicentibus quod super quaestionibus contra ipsum Regem noviter suscitatis vos illis praebetis auxilium & favorem, cum temporibus clarae memoriae Patris & Fratris sui nec non ipsius usque post pacem inter vos & ipsum nostra mediante sollicitudine reformatam hujusmodi quaestiones non fuerint suscitatae. Illud autem reprobamus omnino si quemadmodum à multis asseritur conspirationes & conjurationes fecerint ausu temerario contra ipsum quodque cum armis irreverenter & indevote repetere praesumpserunt quae cum humilitate & devotione si opus esset repetere debuissent. Ne igitur ipsius bonum propositum hujusmodi occasionibus valeat impediri, Fraternitatem vestram rogamus & exhortamur in Domino per Apostolica vobis scripta praecipiendo mandantes quatinus ad reformandum inter utrosque concordiam diligens studium impendatis & operam efficacem omnes conjurationes & conspirationes praesumptas à tempore subortae discordiae inter Regnum & Sacerdotium Apostolica denunciantes auctoritate cassatas & per excommunicationis sententiam inhibentes ne talia de caetero ●raesumantur, praefatos Nobiles movendo prudenter & efficaciter injungendo ut per manifesta devotionis & humilitatis indicia ipsum Regem sibi placare ac reconciliare procurent exhibentes ei servitia consueta quae ipsi & praedecessores sibi & suis praedecessoribus impendant. Ac deinde siquid ab eo duxerint postulandum non insolenter sed reverenter implorent, regalem ei conservantes honorem, ut sic quod intenderunt valeant facilius optinere. Nos enim eundem Regem rogamus & obsecramus in Domino in remissionem sibi peccaminum injungentes quatinus praedictos Nobiles benigne pertractet & justas petitiones eorum clementer admittat ut & ipsi congaudentes cognoscant eum divina gratia faciente in meliorem statum esse mutatum. Ac per hoc ipsi & haeredes eorum sibi & successoribus suis promptius & devotius debeant famulari. Datum Laterani decimo quarto March 1●. 121●. Kalendas Aprilis Pontificatus nostri anno octo decimo. Ibidem, n. 4. INnocentius, etc. dilectis filiis Magnatibus & Baronibus Angliae N. 123 Salutem & Apostolicam Benedictionem. Grave gerimus & molestum quod sicut accepim●s inter Karissimum in Christo fil●um nostrum Johannem Regem Anglorum illustrem & quosdam vestrum prop●er quaestiones noviter suscitatas dissensio est suborta grave dispendium paritura nisi feliciter fuerint prudenti consilio ac studio diligenti sopitae. 19 Martii, 1215. Illud autem reprobamus omnino si quemadmodum à multis asseritur conspirationes aut Conjurationes feceritis ausu temerario contra ipsum quodque cum armis irreverenter & indevotè repetere praesumpsistis quae cum humilitate & debotione si opus esset vos repetere debebatis. Ne igitur ipsius bonum propositum hujusmodi occasionibus vale●t impediri, nos omnes conspirationes & conjurationes praesumptas à tempore subortae discordiae inter Regnum & Sacerdotium Apostolica denunciamus auctoritate cassatas & per excommunicationis sententiam inhibemus ne talia de caetero praesumantur vos movendo prudenter & efficaciter inducendo ut per manifesta devotionis & humilitatis indicia ipsum Regem vobis placare & reconciliare curetis, exhibentes ei servitia consueta quae vos & praedecessores vestri sibi et suis praedecessoribus impendistis. Ac deinde si quid ab eo duxeritis postulandum non insolenter sed cum reverentia imploretis regalem ei conservantes honorem ut sic quod intenderitis valeatis facilius optinere. Nos enim eundem Regem p●r scripta nostra rogamus & obsecramus in Domino in remissionem ei peccaminum injungentes ut vos benigne pertractet et justas petitiones vestras clementer admittat ut & vos ipsi congaudendo nosca●is eum divin● gratia faciente in meliorem statum esse mutatum, ac per hoc vo● & haeredes vestri sibi & successoribus suis debeatis promptius & devotius famulari. Quocirca Nobilitatem vestram rogandam duximus & movendam per Apostotica vobis scripta mandantes quatinus tales in hoc vos exhibere curetis quod regnum Angliae optata pace laetetur & vos in necessitatibus vestris cum opus fuerit necessarium vobis impendere debeamus auxilium et favorem. Datum Laterani decimo 19 Martii, 1215. quarto Kalendas Aprilis, Pontificatus nostri anno Octavo decimo. REx omnibus ad quos litterae praesentes pervenerint salutem. Pat. 16. Johannis parte prima, M. 3. Dor. n. 2. Sciatis nos concessisse Baronibus nostris qui contra nos sunt quod nec eos nec homines suos capiemus nec dissaisiemus nec super eos per vim vel per N. 124 arma ibimus nisi per legem Regni nostri vel per Judicium Parium suorum in Curia nostra donec consideratio facta fuerit per quatuor quos eligemus ex parte nostra, et per quatuor quos eligent ex parte sua, et Dominum Papam qui Superior erit super eos, & de hoc securitatem eis faciemus quam poterimus, & quam debebimus per Barones nostros et interim volumus quod Episcopi Londoniensis, Wigorniensis, Cestrensis, Roffensis, et Willielmus Comes Warrennae interim eos securos faciant de praedictis. Et si forte contra aliquod interceptum fuerit infra competens tempus per praedictos Octo emendetur. Et in hujus, 10 Maii, 1214. etc. eye fieri fecimus. Apud Windeshore x die Maii, Anno Regni nostri xuj. DOmino Papae salutem, Claus. 17 Johannis, M. 24. vel 32. Dor. Pryn● second Vol. f. 345. et debitam tanto Domino ac Patri cum devotione reverentiam. Sanctitati vestrae grates referimus multiplices, de literis vestris pro nobis à paternitate vestra Domino Cantuariensi Archiepiscopo, et ejus suffraganeis porrectis, nec non magnatibus et Baronibus terrae nostrae, pro certo scituri, quod Barones ipsi N. 125 Literas vestras in nullo exaudierunt; Dominus vero Cantuariensis Archiepiscopus, & ejus Suffraganei mandatum vestrum execuitoni demandare supersederunt. Nos vero attendentes praemissa, 29 Maii, 1215. asserebamus Baronibus nostris, quod terra nostra Patrimonium erat Beati Petri, et eam de Beato Petro et Ecclesia Romana, et de vobis tenebamus. Adjecimus etiam quod Cruce signati eramus, & petebamus beneficium & privilegium Cruce signatorum, ne turbaretur terra nostra et ne consumeretur in malos usus quam in subsidium terrae Sanctae expendere proposueramus, & appellavimus, per Willielmum Maraschallum, Comi●em Pembrock, et Willi●lmum Comitem Warren, contra perturbatores pacis terrae nostrae. Verum quia cruce signati fuimus volentes in omn●bus cum humilitate et mansuet●dine proced●re, salva appellatione nostra, obtulimus Baroni●us illis, quod omnes malas consuetudines suscitatas, et per quemcunque introductas temporibus nostris penitus aboleremus, nec non et malas consuetudines tempore Regis Richardi, fratris nostri, subortas extirparemus; de consuetudinibus autem tempore Patris nostri suscitatis, si quae essent quae eos gravarent, per consitium fidelium nostrorum operaremur. Sed nec hiis nec aliis supradictis conten●i, omnia praemissa recusarunt. Videntes ig●tur quod ipsi manifeste nitebantur ad turbationem Regni nostri, rogavimus Dominum Cantuariensem Archiepiscopum, et ejus Suffraganeos, quod exequerentur mandatum vestrum, scilicet, quod secundum tenorem Literarum vestrarum consueta nobis exhibere et servitia. Et postea si quae à nobis petere vellent, cum humilitate et sine armis ea à nobis peterent, denunciantes eos excommunicatos qui post praedicta eis oblata pacem Regni nostri perturbarent. Et videbatur Episcopo Exoniensi et Magistro Pandulpho qui praesentes erant, quod de jure per sententiam excommunicationis eos composuere debebant: Sed Archiepiscopus respondens ait, quod sententiam excommunicationis in eos nullo modo proferret, quia bene sciebat mentem vestram, et videbatur nobis similiter, quod ita facere debebat, quia mandavimus gentem copiosam de terris extraneorum ad succursum terrae nostrae. Et promisit nobis quod si eos revocare vellemus, non solum sententiam excommunicationis in eos inferret, verum etiam in quantum posset eye resisteret: Vnde gentem nostram revocavimus. Postmodum autem obtulimus eis per Literas nostras Patentes, per Dominum Cantuariensem Archiepiscopum, et duos vel tres suffraganeos ejus eis delatas, quod nos eligerimus ex parte nostra quatuor, et ipsi ex parte sua quatuor; Ita quod vos superiores constitueremini, de omnibus querelis Libertatum quas ipsi proponerent et ad suas nos responderemus, quod quicquid vos una cum illis Octo statueretis super omnibus quae ipsi peterent à nobis, nos gratum haberemus et teneremus. Et quamvis se humiliare noluerunt versus nos sicut debuerunt, nos tamen pro Servitio Dei, & succursu Terrae Sanctae in tantum nos humiliavimus, quod haec praedicta eis obtulimus. Et praeterea eis obtulimus quod de omnibus petitionibus suis per considerationem parium suorum Justitiae plenitudinem eis exbiberemus. Quod ipsi recusarunt. Ad haec Domine, die Veneris in Crastino Ascensionis Domini, venit ad nos Frater Willielmus de Camera vestra, vester familiaris, deferens nobis literas vestras continentes, quod dispositio peregrinationis nostrae itinere sanctitatis vestrae pedibus uliquem de nostris in Concilio repraesentaremus, paternitatem vestrum de processu nostro et itineris nostri expeditione cortificuntes, super quo pie paternitati vestrae taliter respondemus, quod cum perversis Baronum praedictorum inquietationibus ut ex praemissis vobis innotuit affligamur, nec possumus in eis bonum pacis invenire, quo saltem concordes afficiamur, ut sic facilius proposito insisteremus, Vos de itinere nostro, et itineris nostri expeditione certos reddere non possumus: Vnum pro verto scientes, quod multi signatorum qui ad Terrae Sanctae succursum se accinxerunt de partibus longinquis, viri magni et nobiles ut in consortio nostro eos reciperemus benigne per suas Literas et Nuncios postulaverunt; quos pro prae●ctis incommodis super mandatis suis adhuc certificare non potuimus. Praeterea Pater Reverende in praesentia praedicti fratris Willielmi vestri familiaris, nec non et venerabilium Patrum Wygorniensis et Coventrensis Episcoporum, obtulimus praedictis Baronibus, quod de omnibus petitionibus suis quas à nobis exigunt in vos benignissime compromitteremus, ut vos qui plenitudine potestatis gaudetis, quod justum foret Statueretis, et haec omnia efficere renuunt. Igitur pie Pater dominationi vestrae praesentia duximus declaranda, ut de consueta benignitate vestra quod nobis videritis expedire inde Statuatis. Teste meipso ●pud Odiham xxix die Maii. INnocentius Episcopus, Servus Servorum Dei, universis Christi fidelibus hanc paginam inspecturis, Salutem & Apostolicam benedictionem, Ibidem, f. 266. n. 10. & Claus. 17 Johannis, M. 19 Dor. Etsi charissimus in Christo filius noster Johannes Rex Anglorum illustris, Deum & Ecclesiam vehementer offenderit; unde nos eum vin eulo excommunicationis innodavimus, & regnum ejus ecclesiastico N. 126 subjecimus interdicto; ipse tamen (illo misericorditer inspirante) qui non vult mortem peccatoris, sed ut convertatur & vivat, tandem converjus ad Cor, Deo & Ecclesi● humiliter satisf●cit; in tantum, quod non solum recompensationem pro damnis, & restitutionem exhibuit pro ablatis, 24 Aug. 1215. verum etiam plenariam libertatem contulit Ecclesiae Anglicanae. Quinimo utraque sententia relaxata, regnum suum tam Angliae quam Hyberniae, Beato Petro & Ecclesiae Romanae concessit: recipiens illud a nobis in feudum sub annuo censu mille marcarum, fidelitatis nobis inde praestito juramento, sicut per privilegium ejus apparet aurea bulla munitum. Adhuc etiam omnipotenti Deo amplius placere desiderans, signum Vivificae Crucis reverenter accepit, profecturus in subsidium terrae Sanctae; ad quod se magnifice praeparabat. Sed humani generis inimicus, qui semper consuevit bonis actibus invidere; suis cullidis artibus adversus eum Barones Angliae concitavit, ita ut ordine perverso in illum insurgerent, postquam conversus Ecclesiae satisfecit, qui assistebant eidem quando Ecclesiam offendebat. Orta siquidem inter eos dissentionis materia, cum plures dies statuti fuissent, ad tractandum de pace; utrumque inte rim Solemnes nuncii ad nostram fuerunt praesentiam destinati. Cum quibus habito diligenti tractatu, post plenam deliberationem scripsimus per eosdem Stephano Cantuariensi Archiepiscopo & Episcopis Anglicanis; praecipiendo mandantes, ut ad reformandam inter utrosque veram & plenam concordiam diligens impenderent studium & operam efficacem, omnes conjurationes & conspirationes, si qu● fuerant forte praesumptae a tempore subortae discordi● inter Regnum & Sacerdotium, Apostolica denanciantes auctoritate cassatas; & per excommunicationis sententiam inhibentes, ne talia de caetero praesumerentur a quoquam. Magnates & nobiles Angliae monendo prudenter, & efficaciter injungendo; ut per manifesta devotionis & humilitatis indicia, ipsum Regem sibi placane studerent: ac deinde si quid ab eo ducerent postulandum, non insolenter sed humiliter implorarent; regalem conservantes ei honorem, & exhibentes servitia consueta, quae ipsi & praedecessores eorum sibi & praedecessor●bus suis impenderunt; cum ab eis ipse Rex non debet absque judicio spoliari, ut sic quod intenderent, poss●nt facilius obtinere. Nos enim eundem Regem per literas nostras rogavimus & monuimus, & per praefatos Archiepiscopum & Episcopos nihilominus rogari & moneri mandavimus, in remissionem sibi peccaminum injungentes, quatenus praedictos magnates & noviles benigne tractaret, & justas eorum petitiones clementer admitteret; ut & ipsi c●ngaudendo cognoscerent, eum in meliorem statum divina gratia esse mutatum, ac per hoc ipsi & haeredes eorum sibi & haeredibus suis deberent promptius & devotiùs familiari: plena eye in veniendo, morando, & recedendo securitate concessa; ita quod si sorte nequiret inter eos concordia provenire, in Curia sua per pares eorum, secundum leges & consuetudines regni suborta dissensio sopiretur. Verum antequam nuncii cum hoc provido & justo mandato rediissent, illi Juramento fidelitatis omnino contempto: cum etsi Rex eos injuste gravasset, ipsi tamen non debuissent sic agere contra eum: ut in causa sua iidem Judices & executores existerent. vassalli contra Dominum, et milites contra Regem publice conjurantes; non solum cum aliis, sed cum ejus manifestissimis inimicis praesumpserunt contra eum arma movere; occupantes et devastantes terrasillius; ita quoque quod Civitatem Londinensem, quae sedes est Regni, proditione sibi traditam invaserunt. Interim autem praefatis nunciis revertentibus, Rex obtulit eis secundum formam mandati nostri justitiae plenitudinem exhibere; quam ipsi omnino spernentes; coeperunt manus extendere ad pejora. Unde Rex ipse ad audientiam nostram appellans, obtulit eis exhibere justitiam coram nobis, ad quem hujus causa judicium ratione Dominii pertinebat: quod ipsi sunt penitus aspernati. Deinde obtulit illis ut tam ab ipso quam ab illis quatuor viri eligerentur prudentes, qui una nobiscum subortam inter eos discordiam terminarent promittens quod ante omnia revocaret universos abusus, quicunque fuissent in Anglia suo tempore introducti: sed nec hoc illi dignati sunt acceptare. Tandem illis Rex proposuit quod cum Regni Dominium ad Romanam Ecclesiam pertineret, ipse non poterat nec debebat, absque nostro speciali mandato; quicquam de illo in nostrum praejudicium immutare. Vnde rursus ad nostram audientiam appellavit; scipsum ac regnum cum omni honore ac Jure suo Apostolicae protectioni supponens. Sed cum nullo modo proficeret, postulavit ab Archiepiscopo & Episcopis, ut ipsi nostrum exequerentur mandatum. Jus Ecclesiae Romanae defenderent; ac tuerentur eundem secundum formam privilegii Cruce-signatis indulti. Porro cum ipsi nihil horum facere voluissent, videns se omni auxilio & Consilio destitutum; quicquid illi ausi sunt petere, non est ausus ipse negare. Vnde compulsus est per vim & metum, qui cadere poterat in virum etiam constantissimum, compositionem inire cum ipsis, non solum vilem & turpem, verum etiam illicitam & iniquam; in nimiam derogationem ac diminutionem sui juris pariter & honoris. Quia vero nobis a Domino dictum est in Propheta: Constitui te super gentes & Regna, ut evellas & destrues, aedifices & plantes. Itemque per alium Prophetam: Dissolve colligationes Impietatis, solve fasciculos deprimentes. Nos tantae malignitatis audaciam dissimulare nolentes in Apostolicae sedis contemptum, Regalis Juris dispendium, Anglicanae gentis opprobrium, & grave periculum totius negotii Crucifixi; quod utique immineret, nisi per authoritatem nostram revocarentur omnia, quae a tanto principe cruce signato taliter sunt extorta, & ipso volente ea servare; ex parte Dei omnipotentis Patris & Filii & Spiritus Sancti, authoritate quoque Apostolorum ejus Petri & Pauli at nostra, de communi fratrum nostrorum consili●, compositionem hujusmodi reprobamus penitus & damnamus; sub intimatione Anathematis prohibentes, ne dictus Rex eam observare praesumat, aut Barones cum complicibus suis ipsam exigant observari; tam thartam, quam obligationes seu cautiones quaetunque pro ipsa vel de ipsa sunt factae, irritantes penitus; & cass●ntes; ut nullo unquam tempore aliquam habeant firmitatem. Nulli igitur omnino Hominum liceat, etc. Datum At Anagul in Italy. Agnaniae, nono i e. 24th of August 1215. Calendas Septembris, Pontificatus nostri decimo octavo. INnocentius Episcopus, Servus Servorum Dei, Mat. Paris, f. 267. n. 30. Rot. Claus. 17 Johannis, M. 19 Dor. Nobilibus Viris Baronibus Angliae, spiritum Consilii sanioris. utinam in persecutione quam temere commovistis adversus Dominum vestrum Regem, attendissetis prudentiùs fidelitatis pristinae juramentum; jus Apostolicae sedis, nostrae provisionis mandatum, & privilegium Crucesignatis indultum. Quia N. 127 proculdubio non sic processistis ad factum, quin omnes qui illud audiunt, quasi facinus detestantur; praesertim cum in causa vestra, vos ipsos Judices & executores feceritis; eodem Rege parato in Curia sua, vobis per pares vestros secundum leges & consuerudines regni justitiae plenitudinem exhibere; vel coram nobis, ad quem hujus causa judicium ratione dominii pertinet, vel etiam coram arbitris eligendis, hinc, inde, una nobiscum in ipso negotio processuris. Vnde cum nihil horum dignati fueritis acceptare, ad nostram audientiam appellavit; Se ipsum ac Regnum cum omni honore & jure suo Apostolicae protectioni supponens; publice protestando, quod cum ejusdem Regni dominium ad Romanam Ecclesiam pertineret, ipse non poterat nec debebat quicquam de illo in nostrum praejudicium immutare. Cum igitur illa compositio qualis qualis ad quam per vim & metum induxistis eundem, non solum sit vilis & turpis, verum etiam illicita & iniqua, ut merito sit ab omnibus reprobanda, maxime propter modum: nos qui tam Regi quam Regno tenemur & spiritualiter & temporaliter providere, per Apostolica scripta vobis preecipiendo mandamus, & in recta fide consulimus, quatenus facient●s de necessitate virtutem, renuncietis compositioni hujusmodi per vos ipsos, & satisfaciatis eidem Regi ac suis de damnis & injuriis irrogatis; ut idem Rex per manifesta devotionis & humilitatis indicia placatus à vobis, per seipsum emendet quicquid de jure fuerit concedendum. Ad quod etiam & nos ipsum efficaciter inducemus. Quoniam sicut nolumus, quod ipse suo jure privetur; ita volumus quod ipse à vestro gravamine desistat: ne per consuetudines pravas & exactiones iniquas, sub nostro Dominio Regnum Angliae opprimatur. Eritque firmum & stabile in perpetuum, quod tali modo fuit ordinatum. Inspiret igitur vobis ille, qui neminem vult perire, ut adquiescatis humiliter nostris salubribus consiliis & mandatis: ne si secus egeritis, in eum incidatis articulum necessitatis, quem tandem evad●re sine multo gravamine non possitis. Quemadmodum ut de caeteris taceamus, nulla ratione dissimulare possemus grave periculum totius negotii Crucifixi; quod utique immineret, nisi per authoritat●m nostram revocarentur omnino, quae à tanto Principe Crucesignato taliter sunt extorta, & ipso volente illa observari. Quare dum apud nos Archiepiscopus & Episcopi Angliae, praesentes extit●rint in Concilio generali, quod ad expediendum Crucis negotium principalius intendemus celebrare; procuratores idoneos ad ●n●stram praesentiam destinetis, securè vos beneplacito nostro committentes; quia nos ea favente Domino, statuemus, per quae gravaminibus & abusibus de regno Angliae prorsus exclusis, Rex suo sit Jure, & honore contentus; & tam Clerus quam Populus universus debita pace ac libertate laetetur. Datum Anagni in Italy. Agnaniae nono Calendas Septembris, (i. e. 24 Augusti) Pontificatus nostri anno decimo octavo. Ibid. f. 270. n. 40. INnocentius Episcopus, etc. Petro Wintoniensi Episcopo, Abbati N. 128 de Redinge & Pandulpho Ecclesiae Romanae Subdiacono, Salutem & Apostolicam Benedictionem. Miramur plurimum & movemur, quod cum charissimus in Christo filius noster Johannes illustris Rex Angliae, supra spem Domino & Ecclesiae satisfecerit; & praesertim Fratri nostro Stephano Cantuariensi Archiepiscopo, & Episcopis ejus, quidam eorum minus quam oportuerit & decuerit ad Sanctae Crucis negotium, Apostolicae sedis mandatum & fidelitatis praestitae juramentum debitum, imo nullum habentes respectum; ei contra perturbatores regni, quod ad Romanam Ecclesiam ratione dominii pertinere dignoscitur, auxilium non praestiterint vel favorem, quasi conscii, ne dicamus socii conjurationis iniquae: quia non caret scrupulo societatis iniquae: qui manifesto facinori desinit obviare. Ecce qualiter Patrimonium Romanae Ecclesiae Pontifices praefati defendunt? qualiter Crucesignatos tuentur; imo qualiter se opponunt his, qui destruere moliuntur negotium Crucifixi? Pejores proculdubio Saracenis existentes, cum illum conantur à regno depellere, de quo potiùs sperabatur quod deberet succurrere terrae Sanctae. Vnde ne talium insolentia, non solum in periculum Regni Angliae, verum etiam in perniciem aliorum Regnorum, & maxime in subversionem totius negotii Crucifixi valeat praevalere: Nos ex parte Dei omnipotentis Patris et Filii et Spiritus Sancti, authoritate quoque Apostolorum ejus Petri & Pauli, ac nostra; omnes hujusmodi perturbatores Regis ac regni Angliae cum complicibus et fautoribus suis, excommunicationis vinculo innodamus, et terras eorum Ecclesiastico subjicimus Interdicto: praefato Archiepiscopo et Coepiscopis suis in virtute obedientiae districtissime injungentes, quatenus nostram sententiam singulis diebus Dominicis et Festivis, pulsatis campanis, & candelis accensis, solemniter per totam Angliam publicare procurent; donec satisfecerint domino Regi de damnis et injuriis irrogatis, et ad ejus obsequium fideliter revertantur. Universis insuper ejusdem Regis Vasallis in remissionem peccatorum ex parte nostra injungentes, ut contra perversores hujusmodi, praefato Regi tribuant consilium et juvamen. Si quis autem Episcoporum hoc nostrum praeceptum neglexerit adimplere, sciat se ab episcopali officio suspensum, et subjectorum obedientiam esse subtractam: quia justum est ut eis inferiores non obediant, qui suo superiori obedire contemnunt. Ne igitur mandatum alicujus tergiversatione valeat impediri, excommunicationis causam praedictorum, cum caeteris quae ad hoc negotium pertinuerint, vobis duximus committendum: per Apostolica vobis scripta mandantes, quatenus protinus omni appellatione postposita, procedatis sicut videretis expedire. INnocentius Episcopus, etc. Claus. 17. Johannis M. 16. Dor. Dilectis filiis Cleritis & Laicis per Cantuariensem Provinciam constitutis, Salutem & Apostolicam Benedictionem. Ad communem volumus notitiam pervenire, quod nos N. 129 suspensionis sententiam quam Venerabilis frater noster Petrus Wintoniensis Episcopus, & dilectus filius Pandulphus subdiaconus, & familiaris noster Norwicensis electus, in Stephanum Cantuariensem Archiepiscopum authoritate Apostolica protulerun●, ratam habemus, & praecipimus inviolabiliter observari, donec idem Archiepiscopus, qui eam humiliter servat, mereatur ipsam juxta formam Ecclesiae canonicè praestitam relaxari, uno vinculo in aliud commutato. Quocirca universitati vestrae per Apostolica scripta mandamus quatenus & vos ipsi praescriptam sententiam firmiter observetis, cum interim nullam debeatis eidem obedientiam exhibere. Datum Laterani, secundo Nou. 4. 1215. nonas Novembris Pontificatus nostri anno xviii. INnocentius Episcopus, etc. Abbati de Albendune, Mat. Paris, f. 277. lin. 1. Archidiacono Pictabiensi, & Magistro Roberto Officiali Norwicensis Ecclesiae, N. 130 Salutem. Ad vestram volumus pervenire notitiam, quod nos nuper in generali Concilio constituti, excommunicavimus & anathematisabimus ex parte omnipotentis Dei Patris & Filii & Spiritus Sancti, authoritate quoque Beatorum Petri & Pauli Apostolorum ejus, ac nostra, Barones Angliae cum adjutoribus & fautoribus suis, qui johannem illustrem Regem Anglorum Crucesignatum & Vasallum Romanae Ecclesiae persequuntur molientes, ei regnum auferre, quod ad Romanam Ecclesiam dignoscitur pertinere. Insuper excommunicamus & anathematisamus omnes illos, 16 Dec. 1215. qui ad occupandum vel invadendum regnum ipsum, aut impediendum euntes in ejusdem Regis succursum, operam vel opem impenderunt; & terras eorundem Barenum Ecclesiastico subjicimus Interdicto Aggravamus. etiam in eosdem fortius manus nostras, si nec sic a suo destiterint iniquo proposito, cum in hac parte Pejores sint Saracenis: decernentes, ut si quis Clericus cujuscunque dignitatis aut ordinis, praedictas excommunicationis aut Interdicti sententias violare praesumpserit, anathematis se sciat mucrone percussum: & ni quantocius resipuerit, ab omni officio & beneficio deponendum. Quocirca discretioni vestrae per Apostolica scripta praecipiendo mandamus, quantenùs per totam Angliam publicare faciatis praescripta: eademque faciatis authoritate nostra, sublato cujuslibet conditionis & appellationis obstaculo inviolabiliter observari. Volumus etiam nihilominùs & mandamus, ut quosdam Barones Angliae, quos venerabilis Frater noster Win●on●ensis Episcopus, & dil●cti filii Abbas de Reding, & Magister Pandulphus Subdiaconus & familiaris noster, delegati a nobis, excommu●icatos personaliter nominaverunt, quia ipsos in praescriptis culpabiles invenerunt, videlicet, c●ves illos Londinenses, qui fuerunt principales praenominatae perversitatis augores; & Robertum filium Walteri, Saberum Comitem Wintoniensem, R. filium ejus Galfridum, de Mandevilla, & Willielmum fratrem ejus, Comitem de Clare, & G. _____ filium ejus, Humiridum Comitem de Hereford, Richardum de Percy, Eustachium de Vesci, johannem Constabularium Ces●ríae, Willielmum de Mumbray, Willielmum de Albineto, W. _____ filium ejus, Robertum de Ros. Et W. _____ filium ejus, Petrum de Brus, Rogerum de Cressi, johannem filium ejus, Ranulphum filium Roberti, Rogerum Comitem Bigod, H. filium ejus, Robertum de Ver, Fulconem filium Warini W. Malet, Willielmum de Monte Acu●o, Willielmum filium Mareschalli, Willielmum de Bello Campa, S. de Kime, Rogerum de Monte Begonis, N. colaum de Stutevill●; nec non & alios in praedictorum That is, Peter Bishop of Winton, the Abbot of reading, and Pandulph. Judicium sententia nominatim expressos, cum complicibus & fautoribus eorundem, auctoritate Apostolica excommunicatos per totam Angliam publice denunciare faciatis: & ab omnibus arctiùs evitari, singulis diebus Dominicis & festivis solemniter innovari hujusmodi sententiam facientes ac denunciates inviolabiliter observari: Civitatemque Londinensem Ecclesiastico suppositam Interdido, & contradictores per censuram Ecclesiasticam appellatione postposita compescendo. Magistrum etiam Gervasium Londinensem Cancellarium, qui sicut a Judicibus praesatis accepimus, dicti Regis & suorum manifestissimus extitit persecutor, excommunicatum publice denuncietis: ac suspensum, graviori etiam poena, nisi congrue satisfecerit, puniendum. Quod si nos omnes, etc. Datum Laterani 16 Decemb. 1215. xvii Calendas Januarii Pontificatus nostri anno decimo octavo. Ibid. n. 40. INnocentius Episcopus, etc. Hujus igitur authoritate mandati, vobis N. 131 districte praecipiendo mandamus, quatenus Barones Angliae cum omnibus adjutoribus & fautoribus suis, qui Dominum Johannem Regem Angliae persequuntur; & omnes illos qui ad occupandum vel invadendum regnum ipsum, vel impediendum euntes in ejusdem Regis succursum operam vel opem impenderunt, excommunicatos denuncietis; & terras eorundem Baronum Ecclesiastico interdicto suppositas publicetis. Denuncietis etiam excommunicatos omnes Barones, qui in praemisso domini Papae rescripto personaliter nominantur; cum aliis omnibus in praedictorum Judicum sententia nominatim expressis. Videlicet, Walterum de Nortuna, Osvertum filium Alani, Oliverium de Vallibus, H. de Braibrock. R. de Ropeste, W. de Hobruge. W. de Mauduit, Mauritium de Gaunt, R. de Berkele, Adam de Lincolana, R. de Mandevilla, W. de Lanvaleie, Philippum filium johannis, Willielmum de Tuintuna, W. de Huntingfeld, Alexandrum de Pointuna, R. de Munfichet, R. de Gresset, Galfridum Constabularium de Meutuna, W. Archidiaconum de Hereford, I. de Fereby, R. Capellanum, Roberti filii Walteri, Alexandrum de Suttuna, W. de Colev●lle. R. filium ejus, Osbertum de Bobi, Osbertum Giffard, Nicolaum de Stanevile, Thomam de Muletune, Cibes illos Londinenses, Magstrum Gervassum Cancellarium, & Civitatem Londinensem Ecclesiastico suppositam Interdicte, publicè denuncietis. Has vero excommunicationis & Interdicti sententias in Ecclesiis nostris tam Conventualibus quam Parochialibus ad nos pertinentibus publicari; ac singulis diebus Dominicis & festivis faciatis solemniter innovari, ita diligenter singula capitula mandati Apostolici exequendo & quantum ad vos pertinet firmiter observando, ne in poenam Canonicam & con●umacibus debitam incidatis. Valete. H. Dei gratia Abbas Abbendunensis, etc. Ibm. f. 279. n. 40. Exequentes mandatum Apostolicum nobis sic impositum, sicut tenor literarum nostrarum, quas N. 132 nuper vobis transmisimus, vobis plenius intimavit: Sancti Pauli sanctique Martini Capitulis, G. de Boclande ejus Ecclesiae Decano, & Conventui Sanctae Trinitatis Londonensis, literas nostras Domini Papae rescripti verba continentes, non solum semel sed saepe misimus: eis authoritate Apostolica districtè praecipientes, ut excommunicationis & interdicti sententias latas in persequentes Dominum Regem, & Civitatem Londinensem, diligenter publicantes, inviolabiliter observarent. Qui adeo irreverenter Apostolicum vilipendere mandatum praesumunt, quod easdem sententias publicare vel etiam observare per contumaciam contempserunt: In divinis obsequiis excommunicatis scienter communicantes, sententiarum Domini Papae violatores, & mandati ejus contemptores manifestos omnino se in omnibus exhibendo. De quibus per patentes literas Capituli Sancti Pauli, Sanctique Martini, Clericos & nuncios ejusdem Decani nobis specialiter destinatas; & per alias sufficientes probationes plenam habentes certitudinem, constiterit. Praeterea de regno Francorum quidam nobiles advenerunt, cum armata manu Militum, & Clientum; quos omnes proculdubio eadem excommunicationis sententia volumus esse ligatos. Nam contra dominum Regem & Sanctam Romanam Ecclesiam invadunt regnum Angliae, quotidie depraedantes illud, & pro parte detinent occupatum; quod est cunctis in Anglia & multis alibi manifestum. Quocirca jam dictos nobiles, Castellanum scilicet de Sancto Audemaro cum suis sociis, qui contra Regem ad occupandum vel invadendum regnum Angliae opem vel operam impenderunt. Insuper praedictum Decanum, nec non & omnes Canonicos, & Clericos, cujuscunque dignitatis aut ordinis, de ecclesiis praefatis, & Civitate, ad quorum notitiam mandatum pervenerit, vel qui se absentaverunt, vel quocunque modo procuraverunt, quo minùs perveniret ad illos; authoritate Apostolica qua fungimur in hac parte, denunciamus excommunicatos: Vobis eadem authoritate injungentes, quatenus omnes praedictos excommunicatos publice denuncietis, & faciatis per totam Parochiam vestram publicari, tam Decanum quam nobiles supradictos personaliter nominando. Ita & circa hoc & illud quod in primis literis vobis directum continetur mandatum, solliciti existentes ne penes summum Pontificem quod absit, possitis redargui negligentiae, sed potius de diligentia commendari. Valete. LOdovicus filius Philippi Regis primogenitus, Ibm. f ●80. n. 20. universis fidelibus & amicis suis qui sunt Londini, salutem & sinceram dilectionem N. 133 Sciatis certissimè, quod ipsa Dominica Instantis Paschae erimus apud Calesiam, parati per Dei gratiam transfretare. Super eo quod vos in omnibus negotiis meis strenuè & viriliter habuistis, vobis refero gratias copiosas; Vos attente rogantes, & attentissime requirentes, quatenus sicut semper fecistis, adhuc vos fortiter & strenue teneatis. Volumus enim quod certi sitis, quod in brevi habebitis nos in succursum vestrum. Et vos attente rogamus, ut super his, nullis aliis suggestionibus, vel literis aut nunciis credatis: credimus enim quod super his falsas literas habebitis, aut nuncios Seductores. Valete. Pat. 1 Johan. M. 21. Dor. OMnibus Christi fidelibus, etc. Stephanus Dei gratia Cantuariensis N. 134 Archiepiscopus totius Angliae Primas & Sanctae Romanae Ecclesie Cardinalis, Henricus Dublinensis Archiepiscopus, Willielmus Londinensis, Petrus Wintoniensis, Joscelinus Bathoniensis, & Glastonensis, Hugo Lincolniensis, Walteius Wigorniensis, Willielmus Coventrensis, Ricardus Cicestrensis Episcopi, & Magister Pandulphus Domini Papae Subdiaconus & familiaris, Salutem. Noverit universitas vestra quod quando facta fuit Pax inter Dominum Regem Johannem et Barones Angliae de discordia inter eos orta iidem Barones nobis praesentibus et audientibus promiserunt Domino Regi quod quamcunque securitatem habere vellet ab eye de pace illa observanda ipsi ei habere facerent praeter Castella et obsides. Postea vero quando Dominus Rex petiit ab eis ut talem Cariam ei facerent. Omnibus, etc. Sciatis nos astrictos esse per Sacramentum, et homagia Domino nostro Johanni Regi Angliae de fide ei servanda de vita et membris et terreno honore suo contra omnes homines qui vivere possint et mori et ad jura sua et haeredum suorum ad regnum suum custodiendum et defendendum. Ipsi id facere noluerint. Et in hujus rei testimonium id ipsum per hoc scriptum protestamur. Mat. Paris, f. 283. n. 10. EXcellentissimo Domino suo Lodovico, Domini Regis Francorum primogenito, N. 135 D. de Corbolio, J. de Montevisito, & G. Limeth, nuncii, salutem & fidele servitium. Noverit excellentia vestra, quod nos die Dominica ad mensem Paschae venimus ad dominum Papam, salvis personis nostris & rebus: & eodem die intravimus statim ad ipsum, Quem hilarem invenimus, sed vultu tristem se nobis exhibuit. Et praesentatis literis nostris, & proposita salutatione ex parte vestra, ipse nobis respondit: Dominus vester non est dignus salutatione nostra. Ego vero statim respondi: Pater, credo quod auditis rationibus & excusationibus Domini nostri, invenietis eum dignum salutatione vestra; utpote Christianum, Catholicum, vobis & Romanae Ecclesiae devotum. Et sic illa die à praesentia Domini Papae recessimus. Sed in recessu nostro benignissimè nobis dixit Dominus Papa; quòd nos libenter audiret, quando & quoties vellemus. Sequenti die Martis, Dominus Papa misit servientem quendam ad hospitium nostrum, ut veniremus ad ipsum, & statim venimus ante eum, & ipse multa dixit contra nos, cum proposuissemus causam nostram; & quae videbantur impugnare factum vestrum, & rationes vestras. Et statim finito sermone, percusso pectore suo cum magno gemitu, infremuit spiritu, et dixit: Heu mihi, quia in hoc facto Ecclesia Dei non potest evadere confusionem. Si enim Rex Angliae vincitur, in ipsius consusione consundimur: quia Vasallus noster est, & tenemur eum defendere. Si Dominus Ladovicus vincitur, quod Deus avertar, in ipsius Iaesione jaeditur Romana Ecclesia; & ipsius ●aesionem propriam reputamus. Secure enim semper habuimus, & adhuc habemus; quod ipse in omnibus necessitatibus debeat esse brachium, solatium in oppressionibu●, & refugium in persecutionibus Ecclesiae Romanae. Et in fine dixit, quod meliùs vellet mori, quam aliquod malum vobis accideret in hoc facto. Et sic illa die recessimus. Praeterea de consilio quorundam Cardinalium expectamus diem Ascenscionis, ne quid statuatur contra vos: Quoniam illa die solet Papa innovare sententias suas. Dixerat enim nobis Papa, quod ipse expectaret nuncios Domini Walonis. Valete. REx Majori & Probis hominibus Lenn Salutem. Pat. 18 Johan. M. 8. n. SIXPENCES Mandamus vobis quod per Consilium Fulconis De Oytry, Willielmi de N. 136 Ros, Willielmi Bygod & Willielmi Gernon Recipiatis in villa Lenn omnes quos videritis esse ad fidem Nostram, Teste apud Divis. 7 Die Junii. REx omnibus has literas inspecturis Salutem. Ibidem, M. 2. n. 27. Sciatis quod suscepimus in gratiam & Benevolentiam nostram omnes illos de Comitatu N. 137 Lincoln, qui ad fidem & servitium nostrum redire voluerint per Dilectum nobis Nicholaum de Haya, & Robertum de Gaugy, Gratum siquidem & acceptum habemus Finem quem ipsi qui ad fidem & servitium nostrum Redierint cum eisdem Nicholas & Roberto fecerint pro pace nostra habenda, & in Hujus, etc. Teste Rege apud Oxon. 4 Die Sept. Rex omnibus, etc. Ibid. M. 1. n. 8. Sciatis quod Die Martis proxima post festum Sancti Dionysii Anno xviii Recepimus in Camera nostra apud Lenn Centum Marcas Argenti per manus Agathae Trussebut uxoris W●llielmi de Albinio de Fine ejusdem Willielmi quem Nobiscum fecit pro Deliberatione sua. Et in Hujus, etc. Teste apud Lenn xi Die Octob. Rex omnibus, etc. Ibidem, n. 7. Sciatis quod Res & Merchandise quae sunt in Navi quam Radulphus filius Walteri Ducit nostrae sunt quas quidem Duci praecepimus usque Grimesby, etc. Teste apud Wysebeth xii Die Octobr. Rex omnibus, etc. Sciatis quod suscepimus, Ibidem, n. 6. in protectionem & Defensionem nostram Abbathiam Sancti Edwardi de Saflesbiria cum omnibus ad eam pertinentibus, etc. Et in Hujus, etc. Teste apud Lifford xv Die Octobr. This Lifford, Mat. Paris calls Laford, and the place, intended both by the Record and Historian was Sleford Castle in Lincolnshire within 10 or 15 Miles of Newarke. Rex Constabulario Hertford Salutem, Ibidem, n. 2. Mandamus vobis quod talem seisinam habere facias Waltero de Montgomery militi, Comiti de Ferrariis, de terra sua in Hondesdon, qualem inde habuit ante Guerram, & unde occasione Guerrae fuerit Disseisitus. Teste meipso apud Newere xvii Die Octobr. Rex Henrico Belet Salutem. Ibidem, n. 3. Mandamus vobis quod Fidem habeatis hiis quae Savaricus de Malo Leone, Willielmus Comes Albemarliae et Fulco de Briant vobis Dicent ex parte nostra ad Fidem, Commodum, et Honorem nostrum. Teste apud Newert, xviii Die Octobr. and in the night of this Day King John died. Pat. 18. Johan. M. 2. MAndatum est Vicecomiti Lincoln: Quod faciat habere Ol●vero N. 138 de Alvinio Terram quae fuit Willielmi de Landa, in Coleby qui est cum inimicis Domini Regis, quam Dominus Rex ei concessit. Teste Rege apud Lincoln 28 die Septemb. Ibm. M. 1. Rex Probis Hominibus de Crimplesham salutem. Sciatis quod Concessimus Dilecto Clerico nostro johanni de Pavilly totam Terram quae fuit Rogeri de Crimplesham cum omnibus pertinentiis suis, & ideo nobis Mandamus quod eidem johanni faciatis quod facere Tenemini, & ei sitis intendentes. Teste meipso apud Lenn xi die Octobr. Mandatum est Vicecomiti Norffi. Quod faciat Habere eidem Iohanni plenam seisinam de terra praedicta cum pertinentiis. Teste ut supra. In this Record the Probi Homines were Ordinary people, for 'tis probable there might be no other in a small Country Village, that were Tenants to the Lord of the Manner. But in Counties, Hundreds, Cities, and great Towns, they always were the ablest most knowing, and best sort of people. Cart. 2. Johan. n. 38. JOhannes Dei gratia Rex, etc. Sciatis nos Concessisse & presenti Carta N. 139 Confirmasse Gulielmo de Braosa honorem de Limerit cum omnibus pertinentiis suis, retentis in Dominico nostro Civitate Limeric & donatione Episcopatuum & Abbatiarum & retentis in manu nostra Cantredo Osmannorum et Sancta Insula sicut Rex Henricus pater noster honorem illum dedit Philippo de Braosa Auunculo predicti ●ulielmi Habendum et Tenendum sibi et Heredibus suis de nobis et Heredibus nostris per servicium Sexaginta Militum Excepto Servicio Gulielmi de Burgo de omnibus terris et tenementis suis quecunque de predicto Honore tenuit et de quocunque ea tenuit die Natalis Domini proxima post secundam Coronationem nostram que nos retinuimus in manu nostra et heredum nostrorum una cum predictis que retenta sunt in manu nostra, et exceptis hiis omnibus que ad Coronam Regiam pertinent, quare volumus et sirmiter precipimus quod predictus Gulielmus de Braosa et heredes sui post eum habeant et teneant predictum honorem de Limeric illis exceptis que bone memorie Henricus Rex pater noster et nos retinuimus in Dominico, et manu nostra cum omnibus pertinentiis suis in bosco et plano in pratis et pasturis, in aquis et molendinis, in vivariis et piscariis et stagnis, in viis et Semitis et in omnibus aliis locis et aliis rebus ad honorem illum pertinentibus bene et in pace libere et quiete integre et honorifice cum omnibus libertatibus et Liberis Consuetudinibus suis et etiam adeo libere ut alii Capitales Barones nostri de Hibernia liberius tenent per praedictum Servicium Testibus Huberto Cantuarie Archiepiscopo R. Sancti Andrei Episcopo, Ranulpho Comite Cestriae R. Comite Leycestrie Galfrido filio P●tri Comite Essex Gulielmo Briwer Huberto Bardolph Waltero de Lacie Simone de Pateshull Dat. per manum Simonis Archidiaconi Wellensis apud Lincoln duodecimo Die Januarii Regni nostri Anno Secundo. REx, etc. Meilero filio Henrici, etc. & Baronibus Hibernie, Pat. 6 Johan. M. 1. n. 1. etc. Sciatis quod dedimus & Concessimus Hugoni de Lacie N. 140 pro homagio & servicio suo terram de Vltonia cum pertinentiis suis Habendum & Tenendum sicut johannes de Curcy eam tenuit die qua idem Hugo eum in Campo seisivit vel die proximo precedenti Saluis tamen nobis Crocia signifies a Bishops or Abbats Staff. So that saving the Bishops and Abbats Staves, signifies saving the Donation of the Bishoprics and Abbeys of that Land, as in the former Record Crociis de terra illa, et Sciatis quod retinuimus nobiscum predictum Hugonem ipsumque nobiscum ducimus in Servicio nostro. Et Ideo vobis mandamus quod terram suam et omnia sua custodiatis manuteneatis et defendatis sicut nostra Dominica. Teste me ipso apud Windlesor secundo die Maii per Archidiacanum Wigorn. meler was Son to Henry Fitz- Henry, Base Son of King Henry the First by Nes●a. REx Meilero filio Henrici justiciario Hibernie, etc. Claus. 7 Johan. M. 5. Sciatis quod Deremutus nobis exposuit ex parte Regis Connoctiae quod N. 141 idem Rex exigit tenere de nobis tertiam partem terre de Connoccia per Centum Marcas per annum sibi & heredibus suis nomine Baroniae & pro duabus partibus ejusdem terre reddet nobis annuatim debitum tributum scilicet Trecentarum Marearum Et preterea concedet nobis duos Cantredos cum Nativis eorundem Cantredorum de predictis duabus partibus ad firmandum in eis vel ad faciendum, inde voluntatem nostram, & ideo vobis mandamus quod si hoc videritis esse nostrum melius id ita fieri facìatis. Quia ad hoc bene assentimus si vos videritis expedire, veruntamen curam & operam adhibeatis diligentem si poteritis apponere incrementum de dono propter hoc concedendum, quia sicut Audivimus ipse CCCC Marcas propter hoc dabit ad minus de Gersuma & efficiatis etiam quod donet de vaccis & aliis rebus per Annum ad sustentandum Castra nostra que illuc sirmaverimus Teste me ipso apud Brehull vicesimo Die Decembris per G. Lutterell, per ipsum Regem. JOhannes Dei Gratia, etc. Cart. 9 Johan. n. 48. Sciatis nos concessisse & presenti Carta nostra Confirmasse Gulielmo de Barry rationabilem donationem N. 142 quam Robertus filius Stephani fecit Philippo de Barry patri ejusdem Gulielmi cujus heres ipse est de tribus Cantredis in terra sua de Corcaia scilicet Olethan cum omnibus pertinentiis suis & aliis duobus scilicet Mufcherie Dunegan & Cantredo de Killede pro servicio decem Militum, sicut Cartae praedicti Roberti quas inde habet rationabiliter testantur, Quare volumus & firmiter precipimus quod idem Gulielmus & heredes sui haebeant et teneant predictos tres Cantredos cum omnibus pertinentiis suis bene et in pace libere et quiete et integre in omnibus locis et rebus cum omnibus libertaribus et liberis consuerudi●ibus ad Cantredos illos pertinentibus sicut predictum est Saluis nobis et heredibus nostris in omnibus hiis que ad Coronam Regiam pertinent Ceslibus Domino johanne Norwicensi D. Waterfordensi S. Midensi Episcopis, Meilero filio Henrici justicierio Hibernie I●hanne Mar●schal●o Philippo de Prendigast David de Rupe Ranulpho Comite Cestriae Sabero Comite Winronie R. de Veteri ponte H. de Nevil Gaufrido de Nevil Dat. per manum H. de Well. Archioiaconi Wellensis apùd Wudestok Octavo Die Novembris Anno Regni nostri nono. Pat. 1 H. 3. M. 16. REx Hugoni de Lacie salutem. Mandamus vobis quod secure & sine N. 143 dilatione veniatis ad fidelitatem et servitium nostrum & concedimus vobis salvum conductum nostrum in veniendo ad nos & nobiscum loquendo et inde salvo revertendo. Et vos scire volumus quod si ad nos venire volueritis jura vestra et libertates vestras per consilium dilectorum fidelium nostrorum Ranulphi Comitis Cestrie, Willielmi Comitis de Ferrariis, et aliorum fidelium nostrorum integre vobis restituemus licet vero bone memorie johannes pater noster in aliquo erga vos deliquerit ipsius delicti debemus esse immunes nec delictum suum aliquatenus nobis debet imputari. Et in hujus, etc. Quia sigillum, etc. vobis inde mittimus. Teste l. e. Comite Cestriae, his Protector in his nonage. Comite decimo octavo die Novembris anno regni nostri primo. Claus. 2 H. 3. p. 1. M. 6. Dor. REx Vicecomiti Cantabr. salutem. Precipimus tibi quod sine dilatione N. 144 clamari facias per totam Ballivam tuam quod omnes Clerici qui fuerunt excommunicati, eo quod adheserunt Lodowico vel ejus fautoribus nec adhuc sunt absoluti exeant à regno nostro ante medium Quadragesime instantem anno regni nostri secundo. Et quicumque talis inventus fuerit post terminum predictum in Anglia, capietur. Quoscumque autem Clericos inveneris in valliva tua post eundem terminum inter excommunicatos permanentes, occasione predicta, Capias & salvo Custodias donec aliud inde preceperimus. Quia, etc. Teste Comite apud Stok decimo octavo die Februarii. Claus. 2. H. 3. M. 6. Dor. REx Vicecomiti Eborum salutem. Mittimus tibi Cartas de libertatibus N. 145 concessis omnibus de regno nostro tam de foresta quam aliis Mandantes quatinus eas facias puplice in pleno Comitatu tuo convocatis Baronibus, Militibus et Omnibus Livere Tenentibus ejusdem Comitatus qui ibidem jurent fidelitatem nostram et tu diligenter attendens singula puncta Cartarum ea per omnia facias jurari et observari, et id maxime quod in fine Magne Carte appositum est, de Castris adulterinis que ab initio guerre constructa fuerunt vel reedificata diruendis omni occasione postposita fieri facias secundum quod continetur in eadem Carta quia id per consilium Domini Legati et fidelium nostrorum provisum fuit et in Carta positum ad maximam utilitatem et tranquillitatem nostram, et regni nostri. Quia vero, etc. Teste Comite apud Sturnir. vicesimo secundo die Februarii. HEnricus dei gratia Rex Anglie, etc. Pat. 3. H. 3. M. 6. Omnibus has literas inspecturis salutem. Sciatis quod provisum est per commune consilium N. 146 Regni nostri quod nulla Carta nulle litere patentes, de confirmatione, alienatione, venditione, vel donatione seu de aliqua re que cedere possit in perpetuitatem sigillentur magno sigillo nostro usque ad etatem nostram completam Testibus Gilaolne titulo sancti Martini presbitero Cardinale, et Apostolice Sedis Legato, Domino S. Cantuariensi Archiepiscopo Domino Waltero Eborum Archiepiscopo Willielmo Marescallo Comite Pembrochie Huberto de Burgo Justiciario nostro Anglie coram W. London. P. Winton. R. Dunolm. I. Bathon et Glaston. H. Lincoln. S. Exon. W. Coventr. R. Sarresbir. B. Roffen H. Heref. R. Cicestr. W. Wigorn Episcopis. H. Carleolens. Electo H. Abbate Sancti Edmundi. W. Abbate Westm. A. Abbate Sancti Augustini Cantuar. W. Abbate de Sancto Albano. R. Abbate de Burgo H. Abbate de Ramesey. R. Abbate de Bello. R. Abbate de Waltham et. S. Abbate Rading. W. Comite Sarum. S. Comite Waren. W. Comite Arundel. O. Comite Glouc. H. Comite Heref. W. Comite Albemarlie. W. Comite Essex. R. Comite Oxon. H. filio Comitis, Roberto filio Walteri, Roberto de Ros, Galfrido de Say, Willielmo Briwer, Petro filio Hereberti, Petro de Maulay. W. Marescallo juniore, Willielmo de Cantilupo, Fawx de Breant, Willielmo de Huntingfeld, Roberto de Gardina, Johanne Marescallo, Willielmo de Albiniaco, Willielmo de Bello Campo. Provisum est etiam per commune consilium regni nostri et coram predictis omnibus, quod si aliqua Carta vel alique litere patentes facte secundum aliquam predictarum formarum sigillate inveniantur predicto sigillo, irrite habeantur & innanes. Testibus prenominatis et multis aliis. OMnibus ad quos presens Carta pervenerit Vniverstras Civitatis London salutem Sciatis nos recepisse in custodiam a Domino nostro N. 147 Henrico illustri Rege Anglie filio Regis Johannis Laurentium filium Willielmi filii _____ Willielmi filii Henrici de Sancto Albano Johannem filium Ricardi Reniger Alexandrum filium Warini filii Nicholai, Claus. 7. H. 3. M. 14. Dor. Nicholaum filium Johannis Travers, Rogerum filium uxoris Anulfi filii Alulfi, Radulphum filium Walteri nepotem Roberti la Jullife Ricardum filium Gileberil le Bacheler Johannem nepotem Thome filii Ricardi Johannem filium Ricardi le Alier, Henricum nepotem Radulphi Stebrand Johannem filium Petri filii Danielis, Edmundum nepotem Stephani filii Andree, Gervasium filium Hereberti de Oxon Willielmum filium Toroldi nepotem Roberti Hardell Rogerum filium Roberti filii Johannis, Rogerum filium Ricardi filii Johannis Ricardum nepotem Willielmi Herlicum Johannem filium Johannis Herlicum, Thomam filium Constantini junioris Petrum filium Willielmi de Basing, Walterum filium Henrici de Edelmeton, Ricardum nepotem Willielmi de Exon; Willielmum filium Radulphi de Hoilland Thomam filium Willielmi de Frowic. Bartholomeum filium filie Roberti filii Simonis, Jacobum filium uxoris Bartholomei filii Roesii, Johannem filium Ricardi le Gras, Willielmum nepotem Rogeri le Burser, Odonem filium Radulphi nepotem Stephani de Bomine Johannem nepotem Philippi Waleran qui ipsi Domino Regi liberabantur in obsides pro pace Civitatis London conservanda et pro fideli servicio nostro. Ita quod eosdem obsides si vivi fuerint Domino Regi vel Justiciario suo reddemus ad summonitionem ipsius Domini Regis vel Justiciarii sui & pro eis si qui forte mortui fuerint alios sufficientes loco eorum & etiam plures obsides si dominus Rex vel Justiciarius suus voluerit ipsi domino Regi vel Justiciario suo sine contradictione habere faciemus ad summonitionem suam predicto modo. In cujus rei testimonium hanc Cartam communi sigillo Civitatis London sigillatam ipsi Domino Regi fieri faciemus. Pat. 7. H. 3. M. 5. REx omnibus Ballivis & fidelibus suis ad quos presentes litere pervenerint N. 148 salutem. Sciatis quod concessimus & commissimus dilecto & fideli Civi nostro Willielmo Ionner Chamberlariam nostram London cum omnibus pertinentiis suis. Habendam & tenendam a festo Anuntiationis beate Marie anno regni nostri septimo usque in duos annos completos pro centum libris nobis per annum ad Scatcarium nostrum reddendis. Salva nobis prisa nostra Grisi Operis, Cere, & pannorum sexicorum per manum suam nobis liberanda ad opus nostrum. Et in hujus etc. Teste H. etc. apud Westm. vicesimo nono die Januarii Anno Regni nostro Septimo. Claus. 7. H. 3. M. 14. Dor. REx Vicecomiti Sussex salutem. Praecipimus tibi quod diligenter N. 149 inquiri facias in pleno Comitatu tuo per sacramentum duodecim de legalioribus & discretioribus Militibus Comitatus tui per quos rei veritas melius sciri poterit quas consuetudines & quas libertates Dominus Johannes Rex pater noster habuit in balliva tua die qua guerra incepit inter ipsum & Barones suos Anglie de terris & forestis & aliis infra Burgos & extra & quas consuetudines & libertates ipsum Regem patrem nostrum tunc habuisse didiceris per inquisitionem predictam clamari & firmiter nobis observari facias in Comitatu tuo & inquisitionem illam & nomina inquisitorum nobis scire facias apud Westmonasterium in Crastino Clausi Pasche distincte & aperte sub sigillo tuo & sigillis eorum per quos inquisitio illa facta fuerit, et habeas ibi hoc breve. Teste H. etc. apud Westmonasterium tricesimo die Januarii. Pat. 9 H. 3. M. 7. Dorso. REx Willielmo Basset, Radulpho de Crumbwell, Forma quinte decime assidende & coll●gende Willielmo. de Vernun, Thome Tuschet, Henrico de Derlegh Canonico Suwell et Roberto de Lee Clericis salutem. Assignavimus vos Justiciarios nostros ad quintam decimam omnium mobilium assidendam et colligendam N. 150 ad opus nostrum in Comitatibus Nottingham et Dereby in hac forma. Vicecomes noster Nottingham et Dereby coram vobis venire faciet omnes Milites Comitatuum suorum die Dominica proxima ante mediam quadragestmam apud Nottingham ad quem diem eligi facietis quatuor legales ●tes de singulis Hundredis vel Wapentacis vel plures vel pautiores secundum magnitudinem Hundredorum vel Wapentaciorum ituros per singulos Hundredos vel Wapentach●s ad assidendum et colligendum quintam decimam omnium mobilium predictorum; exceptis tamen ab hac quinta deeima quantum ad Archiepiscopos, Episcopos, Abbates, Priores et ceteros viros religionis Comites Barones Milites et liberos homines qui non sunt Mercatores omnimodis libris suis & ornamentis Ecclesiarum et Capellarum et equis ad equirandum & equis carectariis & summarits & armis omnimodis jocalibus vasis urensilibu Lardariis Cellariis & fenis & exceptis bladis ad Warnisturam Castrorum emptis; exceptis etiam ab hac quinta decima quantum ad Mercatores qui de omnibus Mercandisis et mobilibus suis quintam decimam dabunt, armis ad que jurati sunt et equis suis ad equitandum et Vtensilibus domorum suarum Cellariis et Lardariis ad Victum suum Exceptis; etiam quantum ad Villanos armis ad que jurati sunt et Utensilibus suis Carne et pisce et potu suo que non sunt ad vendendum et fenis suis et furragio suo que non sunt ad vendendum Milites autem illi non ibunt in Hundredos vel Wapentacos in quibus sunt residentes; Set in Hundredos vel Wapentacos vicinos alios Jurabit autem Unusquisque exceptis Comitibus Baronibus & Militibus propriorum mobilium suorum & similiter mobilium duorum Vicinorum suorum propinquorum numerum quantitatem et valorem. Et si forte inter ipsum cujus mobilia sunt & vicinos suos juratos de eisdem mobilibus dissensio ex hoc orta fuorit Milites ipsi per Sacramentum duodecim proborum et legalium hominum vicinorum vel totidem quot sufficere Viderint ad veritatem inde inquirendam, Veritatem inquirant & Secundum illam veritatem quintam decimam capiant; Servientes vero et prepositi de terris Comitum Baronum & Militum vel prepositi tantum si serv enties ibi non fuerint, idem & eodem modo jurabunt de mobilibus Dominorum suorum in Singulis Villis Medietas autem hujusmodi quinte decime perpacabitur ad festum Sancte Trinitatis Anno nono & alia Medietas ad festum Sancti Mich. proximo sequens quam quidem quintam d●cim●m Milites illi recipient per manus quatuor legalium hominum & prepositorum singularum Villarum per tallias inter eos inde factas; & sic receptam ferent ad nos, & vos eam reponetis in loco tuto sive in Ecclesia cathedrali sive in Abbatia sive in Prioratu ejusdem Comitatus sub sigillis vestris et sigillis Militum donee provisum fuerit quo mitti debeat Roddent aut●m vobis Milites illi statim ex quo quinta decima fuerit assisa scripta & Rotulos suos inde factos reservatis sibi eorum transcriptis vos vero reservabitis vobismet aliquas p●rtes Com. predictorum in quibus hec exequamini in propriis personis vestris quamdiu opus suerit Quatuor ve●o Milites illi vel plures vel pauciores electi coram v●bis sicut predictum est jurabunt tactis Sacrosanctis coram vobis quod hec omnia exequentur fideliter & diligenter & quod nec pro amore vel odio vel pro aliqua re in mundo hoc fa●ere omittent vos autem jurabitis cor●m Vicecomite & Militibus congregatis ad diem illum quod h●nc formam per omnia perficietis per vos & alios sic●t predictum est fideliter & diligenter pro posse vestro si quis vero ex vobis sive sit Clericus sive sit laicus hiis interesse non possit propter causam manifestam rationabilem & necessariam residui vestrum potestatem habeatis adhibendi vobis loco ejus al●um ad hoc utilem qui idem juramentum faciet quod vos feceritis de hiis fid●liter una vobiscum exequendis Idem autem faciatis de feodis Archiepiscoporum Episcoporum Abbatum Priorum & aliorum Virorum religionis exceptis eorum Dominicis & Villanis suis propriis de quibus Archiepiscopi & Episcopi quintam Decimam assideri & colligi facient in forma predicta & per manum suam nobis inde respondebunt ad eosdem terminos & ideo vobis mandamus firmiter injungentes in fide qua nobis tenemini quatinus ad hec fideliter exequenda sicut superius scriptum est curam & operam apponatis efficacem Teste Rege apud Westmonasterium Decimo quinto die Februarii. Robertus de Lexinton postea assignatus fuit eis Socius qui primo assignatus fuit in Comitatu Lincolniae. die Dominica ante mediam quadragesimam apud Lincoln. Thom. de Muleton Alex. de Pointon Simon de Roppely Johan. Coleman Johan. de Colemer Clerici. Martinus de Cybecay Clerici. Willielmus de Ralegh assignatus fuit eis Socius per Literas Domini Regis Patentes ipsis Justiciariis transmissas. ad eund. terminum apud Hereford. Walterus de Muscegros Will. fil. Warini Nich. de Seculer Rich. fil. Fulconis Willielmus le Poer Clericus Decanus Hereford postea assignatus fuit. ad eundem terminum apud Wilton. Galfr. le Salvage Hugo le Droeys Rog. de Dancressia Ric. de Cardinul Mich. persona de Culestan. Robertus de Laimton Clericus ad eund. terminum apud Lewes. Simon de Ethingeham Petrus de Scoteny Willielmus de Alta Ripa Magr. Jocelinus de Alta Ripa Clericus Thomas de Hertford postea assignatus fuit eis Socius per literas Domini Regis eis directas. ad eund. terminum apud Westminster. Gilebertus de Hendon. Henr. Bucointe Thom. de la Wike Mandatum est Militibus libere tenentibus et aliis de honore Walingford in Com. Middl. quod eis intendentes sint et respondentes ad quintam decimam omnium mobilium assidendam et colligendam non obstante precepto quod Dominus Rex eis fecit ut essent intendentes et respondentes Ballivo Honoris Wallingford. ad eund. terminum apud Coventry de Com. Warwic. et quarta die sequenti apud Leicester de Com. illo. Will. de Martiwast Henr. de Segrave Will. de Hardredeshill Rad. Pincerna Magr. Eustachius de Chestreton Walterus de Preston. Magister Willielmus de Tornour. assignati sunt postea Socii per literas Domini Regis, etc. ad eundem terminum apud Wigorniam. Walterus le Poer Henricus Limet Eudo de Bello Campo Will. de Millay Clericus ad eundem terminum apud Dorchester. Aluredus de Lincoln. Willielmus le Waleis Henr. de Lidinton. Ph. de Wimburn. Clericus Hugo persona de Waya assignatus est eis Socius, etc. ad eund. terminum apud Cantuariam. Will. de Albrincis Henr. de Cobbeham Henr. de Sandwic. Robertus de Aubervill Jacobus le Salvage Clericus Thomas de Bendeng postea assignatus fuit eis Socius, etc. ad eundem terminum apud Chelemareford de Com. illo, et quarta die apud Hertford de Com. illo. Mich. de Muntiny Ric. sil. Simonis Adam fil. Willielmi Hugo de Clahall Clerici. Alex. de Litlebiry Clerici. Ric. de Stapelford Clerici. Willielmus Brito postea assignatus fuit, etc. ad eundem terminum apud Stafford de Com. illo et quarto die apud Salop de Com. illo. Will. Pantulf Vivianus le Rushal Henr. de Denton Thom. Mauduit Galfr. Griffin Clerici. Ric. de Staneby Clerici. ad eundem terminum apud Gloucester. Jordanus la Warre Osbertus de Abbetot in Wigorn. Rad. Musard cum aliis in Bristol. Johannes de Baalun. Ric. de Vein. Ph. de Tudinton Clericus Robertus de Muntsorrel Ric. de Sancto Falero Clerici postea assign. fuerunt Socii in Com. Gloucester per literas, etc. ad eundem terminum apud Winton. Will. de Sorewell Walt. de Rumes Rog. de Baalun. Adam de Portesya Johannes le Poer Clericus ad eund. terminum apud Kingeston. Gilbertus de Abbingwurth Will. Haunsard Magr. Philippus de Hamme Clericus Robertus de Den postea assignatus fuit eis Socius, etc. ad eundem terminum apud Norwic. de Com. illo quarta die apud Gipeswic. de Com. illo et apud Cateshall. de liberlate Sancti Edmundi tertia die post Gipeswic. Oliverus de Vallibus Hugo Ruffus Willielmus Blundus Fulco Bainard Willielmus de Gisnay Gumericus Senescal Johannes de Wurchested Clerici. Nich. Duket Clerici. Thomas de Blunvill assignatus est eis socius postea, etc. Rex Constabular. Cestriae Salutem Scias quod assignavimus te unacum Roberto de Ros Adam de Novo Mercato Johanne de Birilan Nicholas Bass●t Willielmo de Tameton & Magistro Waltero de Tany & Magistro Alexandro de Bayeux Clericis Justiciarium nostrum ad quintam deoimam omnium mobilium assidendam & colligendam ad opus nostrum in Comitatu Eborum Secundum formam literarum nostrarum patentium tibi & illis communiter directarum quas Vicecomes noster Eborum tibi & illis liberabit ex parte nostra in Crastino medie quadragesime apud Eborum & ideo vobis mandamus firmiter precipientes quatinus ad diem & locum praedictos omni occasione & dilatione postpositis sicut vos ipsos & nos & indempnitatem vestram diligitis praedictis Roberto, Ade, Johanni, Nicholas, Will, & Magistris Waltero, & Alexandro, quibus idem mandavimus occurratis ad ●xequendum unacum illis ea que in literis illis patentibus audieritis contineri Teste Rege apud Westminster xvii die Febr. Rex Vicecom. Essex & Hertf. Salutem assignavimus Simonem fil. Richardi, Henr. fil. Aucheri, Hugonem de Clahall, Alexandrum de Litlebiry, & Ricardum de Stapelford Clericum, Justic. nostros ad quintam decimam omnium mobilium assidendam & colligendam ad opus nostrum in Comitatibus tuis Secundum formam literarum nostrarum patentium quas tibi mittimus illis porrigendas ex parte nostra apud Chelmareford ita quod ibi de illo incipiant de Comitatu Essex, & quarto die proximè sequenti apud Hertford, de Comitatu Hertford quorum & singulis ut ad dies & loca predicta conveniant literas nostras clausas per te duximus transmittendas, & ideo tibi precipimus quod sub omni festinatione literis nostris singulis eorum transmitti facias reservatis tibi literis nostris patentibus quas illis porrigas ex parte nostra apud Chelmaresford ad primum diem ad quem diem illuc co. ram eye venire facias omnes Milites Comitatus Essex & quarto die scil. apud Hertford omnes Milites de Comitatu Hertford taliter igitur te inde intromittas ne pro defectu eorum ea que ad te pertinent in hac parte ad te nos capere debeamus Teste ut supra. Dominus Rex constituit Magistrum Nicholaum de Framelingham Justiciarium, & adhibuit Socium Justiciariis in Com. Norff. & Suff. ad quintam decimam assidendam & colligendam loco Thome de Blunvill. & Mandatum est ipsis Justiciariis quod loco ipsius Thome, ipsum Magistrum Nicholaum tamquam adhibitum ad hoc eis socium admittant Teste Rege apud Windlesores Primo die Aprilie. Et mandatum est eidem Magistro Nicho. quod cum aliis Justic. ad hoc intendat. Eodem modo Scribitur Justiciariis in Comitatu Surr. de Will. Hansart in forma quod loco ejus admittant Johannem de Chelesham tanquam, etc. Teste ut supra. Et mandatum est eidem Johanni de Chelesham quod ad hoc cum illis intendant. Teste ut supra. ad eundem terminum videlicet die Dominica ante mediam quadragesimam apud Cantebrigiam de Com. illo et quarto die apud Huntind. de Com. illo. Ric. de Bainuill Hen. de Evessy Will. de Wichenton Senescallus Abbatis Ramesey Walterus fil. Bern. Clericus Magister Willielmus de Banco assignatus fuit eis Socius. ad eundem terminum apud Norhampton. Robertus de Salceto David de Esseby Mauric. de Aundely Thomas de Haddon Clericus Magister Nicholaus Belet postea assignatus fuit eis Socius per literas Domini Regis eis inde directas. ad eundem terminum apud Walingeford. Walterus Foliot Alanus de Englefeld Johannes de Sancta Helena Johannes de Wiggenholt Clericus Petrus de Abbendon postea assignatus fuit eis Socius. Mandatum est eisdem Justiciariis quod Dominus Rex vult quod R. Sarr. Episcopus assideat et colligat quintam decimam de mobilibus suis et hominum suorum qui non tenent per Servitium Militare et de mobilibus Abbatum Priorum et aliorum Virorum religiosorum et hominum suorum qui non tenent per Servitium Militare. ad mediam quadragesimam apud Bomme. Willielmus Binnu Johannes fil. Richardi Warinus fil. Joel Rog. Everard Clericus Simon fil. Ric. Clericus postea assignatus fuit eis Socius. in Crastino medie quadragesime apud Appelby. Thomas fil. Johannis Rad. de Aencurt Gervasius de Ernhal Clericus in Crastino medie quadragesime apud Eborum. Robertus de Ros tanquam superiores. J. Constab. Cestriae tanquam superiores. Adam de novo Mercato Johannes de Birikin Nicholaus Basset Willielmus de Tameton Magister Walter de Tany Clerici. Magister Alex. de Baiocis Clerici. ad eundem terminum apud Ocham. Willielmus de Insula Hugo de Sibtot Robertus le Escrivenier ad mediam quadragesimam apud Ivelcester. Johannes de Remy Jordanus Oliver Matheus de Cliverdun Jacobus de Erneshull Will. de Sour Clericus Rad. de Lidiard Clericus in Crastino medie quadragesime apud novum Castrum super Tynam. Roger de Merlay Roger Bertram Nicolaus de Hadham Clericus in Crastino medie quadragesime apud Lancaster. Willielmus Pincerna Willielmus blundel Galfr. Balistarius Jordanus de Cestr. Clericus ad eundem terminum apud Eilesbiry de Com. Buking. et quarta die apud Bedeford de Com. illo. Will. de Bello Campo Henr. de Braibroc Rad. Hareg Richardus de Stok Hugo de Bathon. Clericus Nicholaus de Nivill qui postea assignatus fuit eis Socius per literas patentes eis inde directas. ad eundem terminum apud Oxon. Walterus de Verdun Robertus de Avinaury Will. fil. Elye Ph. Clericus Richardi de Riveriis Thom. de Grana per literas Domini Regis aliis directas. ad eund. terminum apud Exon. Scil. ad mediam quadragesimam. Henr. de Trasy Will. Painel Hugo Peverel de Sandford Hugo Peverel de Ermintum Rogerus Cole Clericus ad eund. terminum ap. Carleol. in Crastino medie quadragesime. Radulphus de la Ferte Jvo de veteri Ponte Gilebert de la Ferte Clericus Et Alex. de Dorset & Robertus de Kancia postea assignati sunt eis Socii per literas Domini Regis Patentes predictis Ade de Novo mercato & Sociis suis directas in quibus literis Robertus de Ros & Constabularius Cestriae positi non fuerunt Set ipsi habuerunt literas per se hoc adjecto in literis suis quod cum pred. Justiciariis superiores sint constituti idem Dominus Rex adduxit significandum ut sic fieri faciant. Mandatum fuit Ju●tic. Berkes quod se non intromittant de Villanis vel liberis hominibus Abbatis de Bello loco, de Magna & parva Farendon Magna & parva Cokewell, Sulton. Englesham & Langeford Quia Dominus Rex assignavit Magistrum Nigellum Bonva. ad quintam decimam ibidem assidendam & colligendam sicut praedictum est. Teste Rege apud Farenham Octavo Die Martii. Eodem modo Scribitur Archiepiscopo Eborum Episcopo Lincoln & Officiali Norwic & Karleol. quod quinta decima assideatur & colligatur de dominicis ordinis de Simplingeham & hominum suorum in Diocasi sua. Johannes de Heriet Attornatus est ad assidendam & colligendam quintam decimam omnium mobilium unacum Ballivis Episcopi Winton. de Dominicis & Villanis ipsius Episcopi Propriis & de dominicis Prioris Sancti Swithuni Winton & Villanis suis propriis & de Dominicis & Villanis Abbatisse Sanctae Marie Winton. habet literas directas Episcopo Winton. G●lfridus de Say Clericus Attornatus est eodem modo de Dominicis & Villanis Abbatis Sancti Albani & de Daminicis & Villanis Prioratuum de Hertford de Hathfeild de Lianner de Bello loco pertinentium ad eandem Abbatiam habet literas directas Episcopis Lincoln & London. quod se inde non intromittant. Richardus de Naffreton Clericus de Dominicis & Villanis Prioratus de Tinemuwe habet literas directas Episcopo Du●olm. Alex. de Winton de Dominicis & Villanis Prioratus de Binham & de Wimundeham habet literas directas Officiali Norwic. REx Vicecomiti Rantiae, Salutem Sciatis quod Archiepiseopi, Episcopi, Abbates, Priores, & Clerici terras habentes quae ad Ecclesias suas non pertinent, Comites, Barones, Milites, liberi homines, Cl. 16. H. 3. M. 2. Dor. & That is, the Great Men gave for their Villains, Rustics or ordinary Tenants. See Cl. 21. H. 3. M. 7. Dor. here in Append. N. 159. Villani de Regno nostro, concesserunt nobis in auxilium N. 151 quadragesimam partem omnium Mobilium suorum apparentium, sicut ea habuerunt in Crastino Sanai Marthaei Apostoli Anno Regni nostri decimo sexto, videlicet de bladis, carucis, ovibus, vaceis, porcis, haraciis, equis Carectariis, deputatis ad Wannagia in maneriis, exceptis bonis, quae predicti Archiepiscopi, Episcopi & aliae personae Ecclesiasticae habent de Ecclesiis parochialibus, sibi appropriatis, & de Ecclesiis prebendatis, & de prebendis, & de terris ad prebendas & Ecclesias parochiales spectantibus; provisim est autem generaliter à predictis fidelibus nostris quod predicta quadragesima hoc modo assideatur, & colligatur; videlicet quod de qualibet villa integra eligantur quatuor de melioribus, & Legalibus hominibus, una cum These prepositi or Reves are called Ballivi in Cl. 21. H. 3. M. 7. Dor. here in Append. N. 159. prepositis singularum villarum per quorum Sacramentum quadragefima pars omnium Mobilium predictorum taxetur, & assideatur super singulos in presentia Militum assessorum ad hoc assignatorum, & postea per Sacramentum duorum legalium hominum earundem villarum inquiratur, & assideatur quadragesima bonorum Mobilium quae predicti quatuor, & prepositi habent; & distincte & aperte inbrevietur; de cujus vel quorum Baronia, vel libertate quaelibet villa fuerit, in parte vel in toto, & postquam quadragesima fuerit assisa, & in Scriptum redacta, rotulus omnium particularum de singulis Villis, & singulis Comitatibus, liberetur Seneschallo singulorum Baronum vel Attornato ipsius Seneschalli, vel Ballivo Libertatis, ubi aliquis libertatem habuerit, si Baro vel Dominus Libertatis velit & possit dictam quadragesimam colligere, & pro ea habenda distringere, si vero nolit vel non possit, Vicecomites districtionem predictam faciant, Ita quod nichil inde recipiant, sed tota predicta quadragesima liberetur predictis Militibus assessoribus, in majori & securiori villa singulorum Comitatuum, & de qualibet villa fiat summae taillia inter Seneschallum Baronis, vel ejus Attornatum, vel Seneschallum Domini Libertatis, & predictos Assessores & deponetur pecunia per cosdem Assessores in aliquo loco tutiori ejusdem villae, Ita quod Assessores habeant sigilla sua & seras & claves suas, super pecuniam predictam; Et Vicecomites sigilla sua et seras, & Claves suas similiter, & Assessores statim ex quo quadragesima assissa fuerit per ipsos, mittent rotulos suos de toto itinere suo ad Scaccarium, & similiter ex quo dicta pecunia ab eis Collecta fuerit, mittent rotulos suos de recepta sua; & predicta pecunia reservetur in locis ubi deposita fuerit, donec ad mandatum nostrum deferatur usque ad novum Templum London: nichil vero capietur ab aliquo nomine quadragesimae, qui non habuerint de hujusmodi bonis mobilibus ad valentiam quadraginta denariorum ad minus; ad predictam siquidem quadragesimam assidendam & Colligendam in Comitatu tuo modo predicto, assignavimus dilectos & fideles nostros Thomam de Camuill, Reginaldum de Cornhull, Robertum de Rokell, & S●monem de Craye per literas speciales, loco aliorum; quos statim visis literis istis sine dilatione coram te venire facias ad audiendum preceptum nostrum; quibus incontinenti porrigas literas nostras patentes eis inde directas, quas tibi mittimus eis porrigendas: Tu vero certis diebus & locis quos ipsi tunc providerint commodiores, venire facias coram eis singulas villas Comitatus tui ad hec-diligenter exequenda, Ita quod ad negotium illud incipiatur ad ultimum a die Sancti Michaelis intres Septimanas & sic de die in diem continuetur quousque perficiatur & taliter, & ita diligenter te cures intromittere, in hiis quae ad te pertinet in predicto negocio, ad mandatum ipsorum Assessorum ne pro defectu tui dilationem capiat, pro quo ad te & tua, nos capere debeamus. Teste meipso apud Westminster Vicesimo octavo die Septembris. NOtum sit omnibus Christi fidelibus, quod cum Dominus Henricus Rex Angliae mandatum Domini Papae suscepisset, Pat. 17. H. 3. M. 9 Dor. super transgressionibus Eccl siae Romanae, & Clericis Italicis, & aliis in regno N. 152 Angliae contra pacem suam, illatis, corrigendis; Idem Dominus Rex hoc stcut decuit, emendando, a pluribus fide dignis didicisset, quod per Hubertum de Burgo quondam justiciarum Angliae, videlicet, tempore praedictae transgressionis, factae fuerunt transgressiones illae: Et Dominus Rex volens hoc emendare, jussit quosdam de suis, ut corpus suum arestarent, & coram eo adducerent, responsurum de transgressione illa & aliis transgressionibus & praesertim de transgressione illa. Qui Huber●us inde praemunitus fugit in quandam Capellam, a qua ipsum sequentes licet hoc eis non esset injunctum, timentes Dominum Regem, extraxerunt & London adduxerunt, quod cum Dominus Rex audivisset, ut libertas Ecclesiae, in omnibus observaretur illaesa, ipsum ad eandem Capellam reduci praecepit, & in eadem salvo reponi. In qua cum per dies plures moram fecisset, requisitus utrum vellet tenere se in Capella illa, vel exire, & stare judicio Curia Domini Regis, super transgressione praedicta, & super aliis quae ei ibidem objicerentur, tam a Domino Rege, quam a pluribus aliis de eo multis modis conquerentibus; Tandem sponte elegit quod exire voluit, ad standum juri. Tamen petiit misericordiam Domini Regis & sic exivit, & Ballivi Domini Regis qui tunc praesentes erant ipsum receperunt, & London duxerunt & tradiderunt eum Constabulario Turris, & cum Dominus Rex adhuc esset incertus utrum spontanea voluntate, an coactus exivisset, misit ad eum Nobiles viros Dominum Stephanum de Sedgrave, tunc justiciarum Angliae, johannem de Lascy Comitem Lincolniae, & Constabularium Cestriae, Brianum de Insula, & alios viros idoneos Clerico● & laicos, quibus ad ipsum venientibus, & ipsum inde alloquentibus, respondit quod gratis exiverat, & non coactus, nec pro aliquo defectu victualium, vel aliorum, & tali modo exiv●t, ad faciendum voluntatem Domini Regis, de terris suis, & catallis & de corpore suo, & pigebat eum quod tam diu moram ibidem fecerat. Postea vero cum Dominus Rex nichil adhuc ei inde concederet, eo quod multi de eo, de novo conquesti fuerunt, tam de morte hominum, quam de multis per eum injuste exhaeredatis, & aliis pluribus criminibus, & transgressionibus, volens de eo conquerentibus justiciam exhibere, praecepit eum deliberari a custodia praedicti Constabularii, ut libere venire possit ad ●uriam suam, conquerentibus de eo tam Domino Regi, pro transgressione contra Dominum Papam quam contra se ipsum, & omnibus aliis responsurus, & sic venit apud Cornbull in London Vigilia Sancti Mar●ini, & comparuit coram Dominis Richardo Comite Cornubiae & Pictaviae, Willielmo Comite Warrennae, Richardo Maresehal●o, Comite Pembrot, johane Comite Linco●niae, & Constabulario Cestriae, Stephano de Sedgrabe Justiciario, Radulfo filio Nicholai, & aliis fidelibus Domini Regis ibidem existentibus. Et cum ibidem coram eisdem accusaretur de omnibus praedictis, nichil defendens, respondit sicut prius, quod nullo modo voluit subire judicium, set simpliciter & de toto posuit se in voluntatem Domini Regis tam de corpore, quam de terris, & omnibus aliis rebus. Tandem Dominus Rex pietate motus, ad instantiam Magnatum Angliae, & ad petitionem ipsius Huberti, & suorum parentum, & amicorum, & similiter de permissione conquerentium judicium, posuit in respectum, licet judicium jam in eadem Curia Domini Regis formatum esset, per quod ipse & sui attendentes corporis sui periculum imminere, & exhaeredationem haeredum suorum, spontanea voluntate concessit provisionem subscriptam; scilicet quod omnes terrae, & omnia tenementa, & libertates, in omnibus rebus, quae tenuit de Domino Rege in Capite, & de Domino Johanne Rege patre suo, remaneant Domino Regi, quietè, in perpetuum, & haeredibus suis tam de Wardis & Ballivis, quam de aliis rebus, & omnes cartas, & chirographa, & instrumenta, quae habuit de praedictis, reddidit Domino Regi, & concessit quod aliqua imposterum, inveniantur, in cujuscumque manibus fuerint, pro nullis haebeantur; & Dominus Rex de gratia sua concessit quod ipse Hubertus & haeredes sui habeant & retineant terras, & tenementa, quae eidem Huberto descenderant ab antecessoribus suis, & similiter omnes terras & tenementa quae tenuit de aliis, & de alterius dono, quam de dono Regum. Ita tamen quod omnibus inde conquerentibus secundum consuetudinem regni, sine dilatione ipse & sui respondeant; & omnia alia catalla ubicumque sint, remaneant Domino Regi, tam in auro & argento, quam in denariis, & aliis mobilibus, & corpus suum remaneat apud Castrum Diu. sarum & in custodia Dominorum Ricardi Comitis Cornubiae & Pictaviae, Willielm● Comitis Warrennae, Richardi Mareschalli, Comitis Penbrot, & johanis Comitis Lincolniae, & Constabularii Cestriae, donec habitum Templariorum susceperit, quem prius petierat quod modo facere non potest, quia uxoratus est, vel donec per commune consilium Domini Regis, & omnium praedictorum Baronum Custodum, necnon & aliorum magnatum terrae, liberatus fuerit; de quibus si aliquem mori contingat, illi qui residui erunt assument sibi alium loco ipsius defuncti, quem voluerint, qui custos cum eis existat, sicut ille fuit qui defunctus fuerit, & liceat eidem Huberto dum fuerit in prisona, si quam terram tenuerit injuste, illam reddere, si voluerit, non obstante eo quod in custodia praedictorum fuerit, & si de prisona aliquo modo exierit, nisi pro dicto habitu suscipiendo, & de licentia & consensu Domini Regis & praedictorum Magnatum, vel per commune consilium Custodum & Baronum, ut praedictum est, & vel per se, vel per alios, sive per quemcunque aliquid impetrare attemptaverit, contra praedictam promissionem, vel aliquo tempore, saltem de facto, contra praedictam conventionem venerit, sive de conscientia sua impetratum fuerit, sive non, & ipse vel alius uti voluerit impetratis per quod corpus suum liberetur, tunc pronuncietur judicium praedictum contra eum, & fiat de eo sicut de utlagato, ubicumque & a quocumque inventus fuerit, & omnes terrae & omnia tenementa, quae Dominus Rex de gratia sua ei concessit, forisfacta sint, & remaneant dominis feodorum de quibus tenuit. Salvo Domino Regi, anno suo, & Catallis. Et Dominus Rex concessit pro se & hoeredibus suis, quod eidem Huberto aliam gratiam, neque crudelitatem faciet, quam praedictum est. In cujus rei testimonium Dominus Rex, & praedicti Richardus Comes Cornubiae, & Pict●biae, Willielmus Comes Warrennae, Richardus Marelcallus, Comes Penbrot, & johanes Comes Lincolniae, & Constabularius Cestriae; huic scripto sigilla sua apposuerunt, Hiis testibus Radulfo filio Nicholai, Thoma de Muleton, Willielmo de Insula, Ricardo Duket, Ada●o filio Willielmi, Willielmo de Rak, Roberto de Lexinton, Radulfo de Norwico, & Civibus London, & aliis fidelibus Domini Regis ibidem existentibus. REx omnibus etc. Pat. 17. Hen. 3. M. 9 n. 31. Sciatis quod cum Lewelinus princeps de Abersrau & Dominus Snauwerden nobis concesserit & firmiter N. 153 promiserit quod stabit provisioni venerab lium Patrum Radulphi Cicestrensis Episcopi & Cancellarii nostri, & Alexandri Coventrensis & Lychefeld Episcopi, & dilectorum & sid lium nostrorum R●chardi Marceschalli Comitis Penbroc, johannis de Lascy Comitis Lincolniae & Constabularii Cestriae, Stephani de Segrave Justiciarii nostri, Angliae, & Radulphi filii Nicholai Seneschalli nostri, una cum Idenebet Senescallo ipsius Lewelini, & Werrenoc fratre ejus, Amano Vathan, & Dav●● Clerico, quam ipsi facturi sunt super congruis emendis nobis faciendis, de omnibus excessibus nobis, & nostris, ab eo & suis factis, & de restitutione nobis & hominibus nostris facienda, de omnibus terris & possessionibus nostris, & nostrorum, per ipsum Lewelinum & Walenses occupatis, occasione Werrae inter nos, & ipsum morae, simul etiam de recipienda restitutione a nobis & nostris, de omnibus terris ipsius Lewelini & hominum suorum, per nos & nostros occupatis, occasione Werrae praedictae, & de assignanda He was Son to Lewelin, by Elianòr Daughter to Simon Montfort and Elinor his Wife Sister to H. 3. David filio ipsius Lewelini, & Ysabellae uxori ejus, primogenitae filiae & haeredis Willielmi de De Braosa. Breus rationabili portione ipsam Ysabeliam contingente, de terris quae fuerunt praedicti Willielmi patris sui, & de refusione pecuniae nobis facienda, pro praedictis excessibus congrue emendandis, & portione praedicta assignanda; provisa tamen super hoc ab eisdem sufficiente securitate, de fideli servitio nobis praestando, & de tranquillitate nobis, & regno nostro Angliae, observanda. Ita quod dampnum vel periculum nec nobis nec regno nostro inde possit evenire. Et si pendente provisione praedicta, aliquid de novo emerserit emendandum, idem Lewelinus voluerit, & concesserit, quod per praedictos provisores emendetur. Nos provisionem eorundem quam facturi sunt super omnibus praemissis, gratam habemus, & acceptam pro nobis, & nostris, sicut praefatus Lewelinus pro se & suis. Et in hujus rei testimonium has literas patentes inde fieri fecimus. Teste me ipso apud Salop Septimo die Decembris anno regni nostri decimo Septimo. Lewelin was Prince of North-Wales, but here called Prince of Aberfrau, and Lord of Snawden, from the places of his abode. Pat. 17. H. 3. M. 1. De Justitiariis Constitutis ad abjurationem Regni. REx probis hominibus de Comitatu Wilts. Sciatis quod constituimus Radulfum de Bray & Radulfum de Norwico Justiciarios nostros, ad abjurationem regni nostri Recipiendam de Huberto de Burgo si ecclesiam exire, & in Curia nostra juri stare noluerit, vel ad justitiam ei in Curia nostra exhibendam, si ecclesiam exire, & in N. 154 Curiam nostram ad hoc intrare voluerit, secundum conventiones, inter nos & ipsum factas. Mandamus autem vobis, quod si praedictus Hubertus unum praedictorum nec aliud facere voluerit, tunc Ecclesiam Sancti johannis Divisarum, in qua se tenet, & Cemiterium ejusdem ecclesiae, cum omni diligentia custodiatis, sicut ipsi vobis dicent ex parte nostra. In cujus etc. Teste Petro Wintoniensi Episcopo apud Westmonasterium, quintodecimo die Octobris. Cl. 18. H. 3: M. 20. Dor. REx etc. Lewelino Principi de Aberfrau Salutem. Sciatis quod recepimus in gratiam nostram, Gilbertum Mareschallum & N. 155 Of which the chief were Watler and Anselm their Brothers, Gilbert and Philip Basset, and Richard Sward. See Cl. 18. H. 3. M. 19 Dor. omnes qui fuerunt Inprisii Richardi Mareschalli, tam de Anglia quam de Wallia qui ad pacem nostram venire voluerunt & eye reddidimus omnes terras & tenementa sua quae de nobis tenuerunt & de quibus disseisiti fuerunt occasione guerrae motae inter nos & praedictum Comitem & nobis remanent quieta quaecumque super nos & nostros per dictum Comitem vel suos imprisios occupata fuerunt, quae vobis duximus significanda. Volentes quod vobis innotescant quae penes nos acta sunt in hac parte. Et quia per venerabilem patrem Edmundum Cantuariensem Archiepiscopum & Coepiscopos suos captae sunt treugae inter nos & vos sub firma spe tractandi de pace inter nos & vos formanda & fortius firmanda. Mittimus propter hoc praedictum Archiepiscopum & venerabiles patres Alexandrum Note in these times this Bishop sometimes had this Title, and sometimes the Title of Bishop of Chester. Coventrensem & Lychefeldensem, & Henricum Roffensem Coepiscopos suos ad partes Marchiae Ita quod erunt apud Salop die Lunae in Crastino Sanctae Trinitatis & rogamus vos quatinus sicut nostram desideratis amicitiam non omittatis quin in Crastino die Martis loco tuto & competenti quem praedictus Archiepiscopus vobis significabit ipsi Archiepiscopo & Coepiscopis suis occurratis ad tractatum cum eis habendum super praemissis. In quorum etiam ore quaedam quae non duximus scripto commendanda posuimus vobis plenius exponenda rogantes quatinus sicut decet taliter ea quae reformationem pacis respiciunt & qua ipsi plenius in hac parte vobis explicabunt audire cum effectu & eisdem adquiescere velitis quod non stet per vos quin firmum et stabile pacis vinculum inter nos et vos roboretur ad nostrum pariter et vestrum commodum et honorem. Tes●e Rege etc. The Date of the next preceding Record is May 31. and the next following is Dated June the 6th. REx etc. dilecto et fideli suo Richardo Comiti Cornubia et Pictaviae Salutem. Cl. 18. H. 3. M. 17. Dor. Sciatis quod treugae captae sunt inter nos et Lewelinum N. 156 Principem de Abberfrau per venerabilem patrem Edmundum Cantuariensem Archiepiscopum et Episcopos secum adjunctos et quosdam alios fideles nostros propter hoc ad partes Walliae destinatos duraturae à festo Sancti Jacobi anno regni nostri decimo octavo usque in duos annos sequentes in hac forma quod omnes injuriae et damna hinc inde facta infra ultimam treugam captam per venerabilem Patrem Henricum Roffensem Episcopum in media quadragesima proximo praterita per dictatores ejusdem treugae emendabuntur, et quod omnes terrae hinc inde occupatae per ultimam guerram motam restituentur his quibus postea sunt oblatae. Homines etiam illi qui hinc inde recesserunt à fidelitate dominorum suorum et se tennerunt ex parte adversa libere revertantur. Ita quidem quod durantibus treugis praedictis in nullo occasionabuntur nec aliquid dampni vel mali eis fiet occasione praedicta Adjectum est etiam in eadem provisione treugarum quod si vos et dilectus et fidelis noster Radulphus de Thony nolueritis sub eisdem trougis comprehendi bene placebit eidem Lowelino. Sin autem nichilominus quo ad nos et alios fideles nostros eas firmiter observabit. Et sub tali conditione quod si eas forte tenere non velletis contra vos se defendet. Ita quod contra ipsum et defensionem suam nullum vobis faciemus nec facere poterimus per nos vel per aliquem de Marchia vel alium interim consilium vel auxilium ad ipsum gravandum et taliter sunt treugae praedictae ex parte ipsius Lewelini jurate et affecurate et in adventu praedicti Archiepiscopi ad nos similiter ex parte nostra eas jurari faciemus et assecurari. Et ideo vobis mandamus firmiter injungontes quatinus praedictis treugis fine difficultate aliqua adquiescentes eas teneatis et ex parte vestra eas teneri faciatis. Quia modis omnibus volumus quod eas teneatis et sirmiter observetis. Quid autem inde facere proposueritis aperte responsum vestrum nobis sub festinatione scire faciatis. Teste Rege apud Westmonasterium tricesimo die Junii. Eodem modo scribitur Radulpho de Thony. RAdulphus Herefordensis Episcopus, Cl. 20. Hen. 3. M. 16. Dor. Decanus Herefordiae Walterus de Clifford et Walterus de Bello Campo iterum constituti sunt dictatores emendarum faciendarum et recipiendarum de interceptionibus N. 157 factis ut dicitur Lewelino Principi de Abberfrau etc. et Morgano de Carleon quoad Castrum de Caerleon et eisdem dictatoribus associati sunt Prior de Wenloc et Johannes extraneus et debe●t convenire in crastino Clausi— Paschae apud vadum de Muntgomery ad exequendum quod priori die ad hoc constituto d●buisset fuisse executum. Teste Rege agud Nonthampton Sexto die Marcii. Pat. 20. H. 3. M. 5. REx omnibus ad quos praesentes literae pervenerint Sciatis quod concessimus bona fide et sine malo ingenio et ratas habemus et gratas N. 158 treugas captas apud Theokesburiam die veneris in The Translation of St. Benedict the Abbot was on the 11th of July, the day of the Date of this Record. festo Sancti Benedicti anno regni nostri vicesimo per venerabilem Patrem Edmundum Cantuariensem Archiepiscopum inter nos et omnes homines et imprisios nostros apertos ex una parte & Lewelinum Principem de Abberfrau & Dominum de Snaudon & omnes homines & imprisios suos apertos tam Walenses quam alios ex alia parte duraturas a festo Sancti Jacobi anno eodem usque in unum annum completum. Ita scilicet quod tam nos & nostri quam praedictus Lew●linus & sui simus in eisdem terris & tenementis hominibus & homagiis in quibus fuimus praedicto die captionis treugarum istarum. Salva Morgano de Carleon restitutione sua tam de terris quam de bonis & mobilibus suis quae Comes Gilbertus Mareschalluss occupaverat super eum infra treugas alias inter nos & ipsum Lewelinum ultimo captas. Si quid autem interim fuerit forisfactum per captionem terrarum vel castrorum vel bonorum mobilium & manifestum sit de captione terrarum vel castrorum illorum, terrae & castra statim reddantur non expectata aliqua correctione emendatorum treugae; set de bonis mobilibus ita captis per ipsos correctores fiant emendae treugis nichilominus durantibus in sua firmitate in forma praedicta. Ita quod hinc inde nulla namia capiantur pro aliqua interceptione facta infra treugas istas de bonis mobilibus nec pro aliqua contentione ante captionem hujus treugae orta set per ipsos correctores fiant. Nullus etiam receptet in potestate sua imprisios alterius inde emendae sicut praedictum est durantibus treugis. Nullum etiam castrum novum sirmetur in Marchia vel dirutum refieiatur durantibus treugis & terrae sint communes, secundum formam treugarum quae ultimo captae fuerunt inter nos et ipsum Lewelinum. Juraverunt autem in animam nostram ex parte nostra hanc treugam bona fide et sine malo ingenio fideliter observandam usque ad praedictum terminum dilecti et fideles nostri Henricus de Aldithely, Johannes Lestrange et Henricus de Stafford; In cujus etc. Teste me ipso apud Theokesburiam undecimo die Julii anno regni nostri vicesimo. Cl. 21. Hen. 3. M. 7. Dor. REx Vicecomiti Kantiae Salutem. Scias quod cum in Octabis Sancti N. 159 Hillarii anno etc. vicesimo primo ad mandatum nostrum convenirent apud Westmonasterium Archiepiscopi, Episcopi, Abbates, Priores, Comites et Barones totius regni nostri, et tractatum haberent nobiscum de statu nostro, et regni nostri, iidem Archiepiscopi, Episcopi, Abbates, Priores, et Clerici terras habentes quae ad Ecclesias suas non pertinent, Comites, Barones, Milites, et liberi homines, pro se, et suis villanis, nobis concesserunt in auxilium tricesimam partem omnium mobilium suorum apparentium, sicut ea habebunt in Autumpno in Crastino exaltationis That is September 14. Sanctae Crucis anno regni nostri vicesimo primo, quando blada sua fuerint coadunata, videlicet de bladis, carucis, ovibus, vaccis, porcis, haraciis, equis caretariis, assignatis ad waignagia, et al is pecoribus, et bonis; exceptis bonis, quae praedicti Archiepiscopi Episcopi et aliae personae Ecclesiasticae habent in Ecclesiis parochialibus, sive praebendis, et terris ad praebendas, et Ecclesias parochiales spectantibus; exceptis argento et auro, palefridis, Su●mariis, dextrariis, Runcinis, armis, utensilibus, et vasis; colligendam per manus dilectorum fidelium nostrorum Rogeri de Leburn, Simonis de Craye, johannis de Adlington, per literas Huward de Bikely, et Richar● de W●hundon, qui ju●abunt coram te quod negotium nostrum de auxilio nostro colligendo et assidendo pro posse suo, bene et fideliter exequentur, per omnia secundum suam conscientiam. Et ipsi quatuor milites et Clericus praedictus, eligi facient quatuor de legal●oribus hominibus de singulis villis, quos statutis Hundredis, in Comitatu tuo, ●urtis die et loco coram eisdem, ad mandatum eorum, coram eis venire facies; qui jurabunt coram eisdem in piaesentia * Ballivorum de singulis villis si interesse voluerint, quod auxilium illud fideliter ussidebunt, et rationabile pre●iu● apparent omnibus rebus quae appretiandae fuerint, seoundum communem et justa● aestimationem, et valorem; amore, gratia, vel odio vel ali● occasione no● impediente; et postea particulas catallorum, omnium, et pretium estendent quatuor militibus praedictis, et Clerico, et juxtae provisionem dictorum Militum et Clerici, pecuniam illam colligent, at ●isdim Militibus et Clerico deferent, et liberabunt per ●aillias, et cotulos particulas continentes reponendam in Prioratu Sanctae Trinitatis Cantuariae, et si indigerint auxilio tuo circa districtionem faciondam in collectione dictae pecuniae, tu eis auxilium parabis. Archiepiscopi vero Episcopi, Abbates, Priores, in terris suis, et libereatibus, in Comitatu tu●, per quatuor legales Milites suos, vel liberos et legales homines, si milites non habuerint, simili modo circa praedictam tricesimam assidendam, et colligendam, et liberandam, quatuor praedictis Militibus ad hoc attornatis pr●cedent. Et scias quod praedicti quatuor homines de singulis villis, non jurabune de propriis catallis suis, nec eisdem pretium apponent, sed alii quatuor homines de singulis villis ad hoc electi per milites praedictos jurabunt de caralli● praedictorum priorum quatuor hominum, secundum forma● praedictam. Nullus autem pauper homo, vel mulier, aliquid ad hoc conferet, nisi habeat in bonis plus quam quadraginta denarios. Debe● etiam reddi pecunia praedicta, ad duos terminos, vid●licet, medietas in Crastino Sancti Andreae anno etc. vicesimo secundo, et altera medietas in Crastino Sanctae Trinitatis, anno eodem. Tu autem ita officax auxiliumet utile consilium praedictis militibus praebeas in praedictis exequondis, quod negotium praedictum ad commodum nostrum, et utilitatem salubriter procedat. Nos autem concessimus praedictis Archiepiscopis, Episcopis, Abbatibus, Prioribus, Comitibus ●atonibus, et aliis Magnatibus, regni nostri,, quod tam Car●a nostra de Fore●, quam alia de libertatibus, quas prius eis fieri fecimu●, de ca●ero in omnibus teneantur. Nol●mus etiam quod occasione hujusmodi auxili● sumatur de●uceps occasio, vel trahatur ad consuetudinem petendi alias consimile auxilium: Incipient dutem iter praedictum in Crastino exaltationis Sanctae Crucis, quibus die et loco eis occurras, ad sacramentum ab eis recipiendum, et auxilium eis impendendum, sicut tibi dixerint ex parte nostra. Teste Rege apud Westmonasterium secundo die julii anno etc. vicesimo secundo. Articles of Accusation against Hubert de Burgh, with the Answers unto them. A. D. 1239. Responsiones Magistri Laurentii de Sancto Albano, pro Comite Cantiae Huberto de Burgo, contra quem, movit Dominus Rex gravissimas quaestiones. Additament. Mat. Paris, f. 149. CVm dies datus esset Huberto de Burgo Comiti Kantiae, in octabis Sancti Johannis Baptistae; Anno regni vicesimo tertio, ad respondendum N. 160 Domino Regi, quales emendas ei faceret, eo quod non deliberavit ei maritagium Richardi de Clare, ad diem ab eodem Domino Reg● sibi datum, secundum conventionem inter eos factam, vel secundum considerationem Parium suorum; Et Dominus Rex peteret ab eo, quod ei emendas faceret, et non fecit; Propositae fuerunt ei ex parte Domini Regis, transgressiones subscriptae, simul cum praedictis, ut ad eas responderet: Ad quod respondit idem Comes, quod ad haec nullum diem habuit. Sed et dixit, quod ad diem certum et rationabilem satisfaceret Domino Regi, vel inde staret ad considerationem parium suorum, et petiit, quòd Dominus Rex in scriptis ei ostenderet, super quibus articulis tenetur respondere. Ad hoc respondit Comes, quod ad singulos dies ei à Domino Rege datos, idem Comes venit, nec in aliquo quaesivit dilationem; sed semper recepit diem ad voluntatem Domini Regis. Vnde videtur ei, quod omnes dies ei dati postquam fuit apud Kenintone, pro uno die sibi debent allocari. Et semper paratus est stare ad considerationem parium suorum, quod nunquam de maritagio se intromisit, nec aliquis pro eo; postquam juravit apud Gloverniam quod nunquam de maritagio se intromitteret, nec aliquid scivit, nec adhuc scit de Maritagio, nisi per simplex dictum Comitisiae uxoris suae, dicentis quod maritagium illud contractum fuit apud Sanctum Eadmundum, dum Comes fuit apud Mertone. Et si hoc non sufficit, dicet aliud; et super hoc paratus est facere quod pares sui considerabunt. 1. Quorum quidem primus articulus hic est, quod Dominus Rex exigit ob eo omnes exitus Regni sui, de quatuordecem annis continuo sequentibu● post mortem johannis Regis patris sui, et unde suscepit custodiam et curam sine traditione patris sui Domini johannis Regis, et sine assensu Domini Gwallae tunc Legati, qui de communi consensu, et provisione totius regni, post mortem Mareschalli fuit primus Consiliarius et Principalis totius Regni Angliae. Ad hoc respondit, quod certae personae deputatae sunt ad respondendum de exitibus Regni; Scilicet Thesaurarius et Camerarii; unde post mortem Eustatii de Faucumberg, Londoniensis Episcopi, et Thesaurarii fuit quaesitum quod de Computo suo responderet; et fuit responsum. Postea à Carliolensi Episcopo fuit quaesitus computus totius exitus regni tanquam à capitali receptore, et sedit ad computum. A Petro de Rivallis fuit postmodo quaesitus computus, nunquam autem à justiciario debet computus requiri: eo quod non est receptor exitus Regni. Vnde videtur quod ille qui nihil recipit, in aliquo non tenetur respondere. Et dicit quod Dominus johannes Rex, tradidit ei justiciariam apud Runningemede coram Domino Stephano Cantuariae Archiepiscopo, Comite Warrannae, Comite de Ferrariis, & aliis magnatibus; & ipse toto tempore Iohannis Regis, stetit Justiciarius. Accidit autem quod Castrum Dovoriae in adventu Domini Lodovici, quasi pro derelicto habebatur; in quod castrum intravit, quando pauci inventi fuerunt, qui in eodem intrare voluerunt, nisi corpus ejus intrasset, & toto tempore guerrae à castro non potuit recedere, nec officium justiciarii exercere. Defuncto vero Domino Iohanne Rege tempore guerrae, de Consilio Gwallae tunc Legati, & magnatum tunc existentium cum Domino Rege, factus fuit Mareschallus gubernator Regis, & Regni. Pa●e vero reformata, remansit idem Mareschallus Gubernator Regis & Regni, & idem Hubertus Justiciarius, nullo contradicente; Post mortem vero Marescalli, de Consilio Domini Gwallae tunc Legati, Stephani Cantuariae Archiepiscopi, Episcoporum & Magnatum terrae, remansit Justiciarius sine contradictione aliqua, & semper scripsit ei Dominus Papa tanquam Justiciario, & ita tenebatur ab Ecclesia, & à Regno semper Justiciarius factus à Domino Iohanne Rege. Et ita bene patet, quod non recepit justiciariam sine traditione. Domini Iohannis Regis, vel assensu Domini Gwallae. Et si hoc non sufficit, dicit aliud; & super hoc paratus est facere quod pares sui considerabunt, & etiam si respondere deberet, habet chartam Domini Regis, que ipsum ab his absolvit, quam profert: quae confecta est Anno Regni Regis Henrici decimo quinto. 2. Item exigit ab eo, quod ei respondeat de collectione totius quintae decimae, quae per commune Consilium totius Regni custodiri, & haberi debuit in deposito; & ita in deposito, quod nihil inde caperetur usque ad aetatem Domini Regis; nisi per visum sex Episcoporum & sex Comitum ad hoc specialiter attornatorum, & hoc non nisi ad defensionem Regni, & unde summa fuit circiter quater viginti & novem millia marcarum argenti. Ad hoc respondit, quod Domini Sarisburiensis & Bathoniensis Episcopi illam pecuniam receperunt per commune Consilium Regni, & inde reddiderunt computum suum, & inde quieti sunt per literas Domini Reg●: Vnde non videtur quod inde debeat respondere. Et si hoc non suffi● dicet aliud; & super hoc paratus est, etc. Habet etiam Chartam Regis quae ipsum, etc. 3. Item quod respondeat de terra Pictaviae, de qua johannes Rex obiit seisitus, & unde Dominus Rex qui nunc est fuit in seisina, quando idem Comes suscepit custodiam Regni, scilicet, de Rupella, Nyorth, & de Sancto johanne, & qui quando ad rescussionem terrarum illarum mittere debuerat thesaurum & denarios, misit barillos lapidibus & sabulone impletos. Et ita quod quando Barones & Magnates Domini Regis, & Burgenses, videruni defaltam illam, diverterunt se ab homagio & servitio Domini Regis, & convertebantur ad inimicos Domini Regis, propter quod Dominus Rex amisit Pictaviam. Ad hoc respondit, quod nunquam misit tales varillos de quibus dicitur, & hoc praecise defendit, per quodcunque pares sui considerabunt; sed de Consilio Magnatum Angliae ad defensionem Rupellae missi fuerunt centum milites & amplius, & quamplures fervientes, qui fuerunt cum Domino Rege ibidem, quousque Burgenses, & homines illius terrae diverterunt se ab homagio Domini Regis, unde per ejus negligentiam non amittitur Rupella, nec per negligentiam militum ibi existentium, quia illis invitis, Burgenses terram reddiderunt Regi Francorum. Et hoc bene patet, quod cum milites Domini Regis essent in villa, Burgenses amoverunt eos à consilio illorum, & sine militibus pacem fecerunt. Ita quod milites salvo corpore suo & hernesio, possent recedere; per excessus etiam i e. Falcasii de Brent. Falconis amittebatur Rupella; qui Falco & sui Domino Regi eo tempore quo Rupella fuit obsessa, insurrexerunt. Qui etiam Falco, per Willielmum fratrem suum, fecit capi Henricum de Braybroc Justiciarium Domini Regis itinerantem; propter quem captum, & alias injurias dicti Falconis, oportuit Regem & Magnates terrae obsidere castrum de Berefordia, per Consilimm Archiepis●oporum, Episcoporum & Magnatum terrae. Qui etiam Episcopi ibidem excommunicaverunt Falconem; unde pa●et manifeste delictum Falconis; alioqui non excommunicassent eum. Et si Falco, impune evasisset, & castrum non esset captum, tarbatum esset regnum plusquam fuit. Et si hoc non sufficit, etc. Et super hoc paratus est, etc. 4. Item de hoc respondeat, quod dum Dominus Rex, fuit infra aetatem & subvenire debuit terrae Pictaviae, & exereitus funs proficisci deberet in Pictavium; fecit ipse Comes obsidere castrum Betefordiae, ubi Dominus Rex & Magnates sui Angliae antequam illud captum esset, maximam impenderunt pecuniam. Quo etiam capto, illud prosterni fecit & reddi Willielmo de Bello Campo; super quem Dominus Iohannes Rex castrum illud ceperat per guerram; & unde Iohannes Rex seisitus fuit quando obiit. Ad hoc respondit, quod per illum solummodo non fuit castrum obsessum, sed per commune consilium regni, & per delictum Falconis & suorum, quia fecit capi Henricum de Braybroc Justiciarium Domini Regis, per Willielmum de Breante fratrem suum. Vnde Dominus Rex misit literas suas eidem Falconi, una vice & alia, pro deliberando Justiciario suo; & quod frater suus pro quibus nihil facere voluit. Rex etiam misit literas suas Willielmo de Breante; qui respondit, quod ipsum Henricum non redderet sine Falcone fratre suo; & quod Frater suus bene advocaret quod fecit. Vnde Dominus Rex habito consilio cum Magnatibus suis, accessit usque Berefordiam; & misit ad illos qui erant infra castrum, Petrum filium Hereberti, & Alanum Basset; petens quod deliberarent Henricum de Braybroc Justiciarium suum quem tenebant imprisonatum; & quod venissent emendare delictum super captione dicti Justiciarii domini Regis. Et ipsi responderunt, quod nihil facerent pro domino Rege, & quod ipsum Henricum tenerent; & si possent plus caperent: unde per consilium Magnatum Angliae, fuit castrum obsessum, captum, & dirutum. Quo diruto, fuit sedes castri tradita Willielmo de Bello Campo per consilium Magnatum Angliae, hac ratione, quod in forma pacis inita inter Dominum Regem, & Dominum Lodov●tum & Barones continebatur, quod quisque haberet talem seisinam quam habuit in principio guerrae. Vnde Dominus Gwalla legatus, Archiepiscopus, & episcopi, excommunicaberunt omnes qui venirent contra istam formam pacis. Et quia idem Willielmus semper erat pe●ens versus dictum Falconem, dictum castrum, & jus suum; nec habere potuit, donec fuit captum per dominum Regem: idem Dominus Rex de consilio Magnatum suorum, propter formam pacis factae, & pro timore sententiae latae; dictam sedem castri ei reddidit, tenendam eodem modo quo antecessores sui tenuerunt; prout paret in rotulis Domini Regis Et etiam idem Willielmus dedit Domino Regi de suo, ut tal●m seisinam haberet; ut patet similiter in Rotulis Domini Regis. Et si hoc non sufficit, dicet aliud. Et super hoc, etc. 5. Item quod de hoc respondeat; quod Romam nuncios destinavit, et aut quam dominus Rex esset plenae aetatis, imperrabit quod esset plenae aetatis si●ut hoc esset ad commodum domini Regis; et autoritate cujus aetatis inchartari sibi fecit terras quae fuerunt H. de Essex et plures alias terras, dignitates, et libertates de quibus seisinam per se ipsum cepit, post mortem ipsius Regis Johannis; et de quibus idem Rex johannes obiit seisitus, (ut etiam dari fecit et confirmari viris religiosis, personis Ecclesiasticis, et aliis) multas terras et libertates, et alia, ad minorationem et magnam deteriorationem dignitatis Domini Regis, et Coronae suae. Ad hoc respondit, quod non destinavit nuncios Romam, sed Episcopus Wintoniensis misit Romam W. de Sancto Albano pro dicto negotio; magis ad nocumentum dicti Hu●erti quam ad commodum suum; ut ipse et alii redderent custodias suas, et ita factum fuit apud Northampton. Postea de communi consilio Archiepiscopi et Episcoporum, provisum fuit, quod Dominus Rex haber●t sigillum, et currerent litterae suae, ut sic majoris timoris esset Regno, & majoris authoritatis. Postea impetrata fuit venia suae aetatis ad suggestionem Archiepiscopi, Episcoporum, Comitum et Baronum ab H●orio Papa. Suggesserunt enim Papae, quod prudentia et discretio sua, aetatem suam supplevit, sicut continetur in privilegio Honor● Papae directo Comitibus et Baronibus, quod sic incipit. Ad haec, et infra licet Charissimi in Christo filli nostri Henrici Regis Angliae illustris adolescentia computetur in annis; quia tamen, sicut accepimus, et gaudemus, animum induit virilem, aetate quia proficit, et prudentia, ita quod in annorum numero sibi deest, in discretionis videatur recuperare virtute; non est ei amodo prohibendum de regno et regni negotiis utiliter disponere, Ideoque per Apostolica scripta mandamus, quatenus cum venerabili fratre nostro Episcopo Wintoniensi et nobilibus viris justiciario Angliae, et Willielmo de Bruwera damus nostris literis in praeceptis, ut amodo sui regni dispositionem sibi dimittant liberam, & quietam. Et Comiti Cestriae scripsit hoc modo. Per Apostolica scripta mandamus & praecipimus, quatenus modo regni sui dispositionem illi dimittas, terras & Castra quae ●enes nomine Custodiae, sine difficultate aliqua resignes eidem: & ab aliis resignari procures. Sub eisdem verbis scripsit Win●oniensi Episcopo. Cancellario vero scripsit sic. Per Apostolica scripta mandamus, quatenus cum ejusdem Regis sigillum habeas, & ejusdem custodiam, amodo illo secundum beneplacitum suum utaris, & super eo ipsi tantum obedias & intendas; nullasque de caetero literas praeter voluntatem ipsius sigillo regio facias signari. De terra H. de Essex dicit; quod Dominus Re● sui gratia quando fuit plenae aetatis, & postquam Cancellarius per Dominum Papam tantummodo ipsi intendebat, illam terram ei dedit per cartam; & etiam terram ut jus suum ei reddidit, postquam venit ad pacem suam. Et si hoc non sufficit, etc. & paratus est super hoc, etc. 6. Item quod respondeat de hoc, quod cum Dominus Rex Scotiae Willielmus aliquando tradidisset Domino Iohanni Regi duas filias suas, & unde primogenita maritari deberet Domino Regi vel Comiti Richardo, si de Domino Rege humanitus contingeret, & pro quo maritagio, idem Rex Willielmus quietum clamavit Regi Iohanni totum jus suum quod habuit in terris Cumberland, Westmeriland, & Northumberland; & praeterea dedit ei quindecim millia argenti marcarum. Ipse antequam Dominus Rex talis esset aetatis, quod posset discernere utrum ipsam v●llet habere in uxorem vel non, desponsavit eam. Et ita quod cum Dominus Rex pervenit ad aetatem, op●rtuit eum dare Regi Scotiae qui nunc est, ducentas libratas terrae pro quieta clamatione praedictarum terrarum; quia primae conventiones non fuerunt observatae; Et hoc non obstante quod prius desponsaverat Comitissam Gloverniae, quae aliquando desponsata fuit Domino Johanni Regi dum fuit Comes, & quam Rex Johannes commisit ei in custodiam: & cujus maritagium vendiderat aliquando, Galfrido de Mandeville pro viginti millibus marcarum, & unde utraque illarum conjuncta fuit alteri consanguinitate in certo gradu. Ad haec respondit, quod de conventione inita inter duos Reges, scilicet de maritagio faciendo Domino Regi vel Comiti Richardo; nunquam scivit: sed quod per Dominum Regem, de Consilio Magnatum maritari debuit: & de eorum consilio fuit maritata, patet tam per litteras Domini Pandulfi tunc legati Angliae, quam per literas Cantuariensis Archiep●scopi, Episcoporum, Comitum & Baronum. Nec etiam illa conventio potuit impedire si facta fuit; quia quando maritata fuit, Rex fuit talis aetatis quod potuit contraxisse cum illa, vel cum alia si voluisset. De consanguinitate inter Comitissam Gloverniae & filiam Regis Scotiae, nil scit. De ducentis libratis terrae oblatis Regi Scotiae, nihil factum fuit per C●mitem Cantiae. De Comitissa Gloverniae dicit; quod non fuit in Custodia Huberti; sed erat Domina de seipsa & licebat ei maritare seipsam cui voluit post mortem G. de Mandevile; cum dominus Rex Iohannes prius dicto Galfrido maritagium ejusdem C●mitissae vendiderat. Et si hoc non sufficit, dicit aliud. Et super hoc paratus est, etc. 7. Item quod respondeat de hoc, quod cum Dominus Papa dedit in mandatis; quod occasione illius parentelae fieret divortium inter ipsum & Comitissam uxorem suam, quam nunc habet, ipse fecit triturare omnia blada Romanorum, per illos qui vocabantur Lewytheil: unde sententia excommunicationis generaliter lata fuit in omnes malefactores illos & eorum fa●tores; Et hoc fecit dum fuit Justiciarius, & per eum qui pacem deberet observare; & ita quod pax hucusque per haec extitit perturbata. Ad hoc respondet, quod nihil scit, quia per illum non fuit hoc factum, quod patet manifeste, quia Dominus Papa super hoc fecit fieri inquisitionem per Episcopum Wintoniensem, & Abbatem Sancti Eadmundi, & inquisitio facta transmissa fuit ad Papam per quam Inquisitionem apparuit manifeste, quod non fuit in culpa, quia si fuisset, Papa puniisset eum: quod non fecit. Et si hoc non sufficit, etc. Et super hoc paratus est facere, quod pares sui considerabunt. 8. Item quod respondeat de hoc, quod cum se poneret in prisonam Domini Regis, & per conventionem inter eos factam quod pro utlago teneretur, si unquam de prisona illa evaderet sine licentia ipsius Domini Regis, ipse de prisona illa evasit, & cum per conventionem illam, & per sectam illorum de quorum custodia evasit, utlagatus esset, & postmodum Dominus Rex an gratiam suam illum recepisset; Ipse de utlagaria illa ei remissa, nullum breve Domini Regis recipere volu●t. Et eo postmodum in gratiam Domini Regis taliter recepto, quod salvae essent donationes quas Dominus Rex prius fecerat de terris quas habuit in manu sua, per conventionem illam; ipse nihilominus postmodum contra conventionem illam implacitavit johannem de Grace, Masty, Besily, Anketillum, Malure, Robertum Passelewe, Alanum Vrry & plures alios: & versus eos recuperav●t, & unde Dominus Rex aliquibus ex illis fecit escambium de Dominicis suis, ad magnum ejus incommodum, & unde videtur Domino Regi quod praedicto Comiti conventionem tenere non debet, ex quo ei nullam tenuit. Ad hoc respondit, quod nullam talem conventionem fecit, & dicit quòd cum esset in custodia quatuor Comitum Angliae, per sic quod in mandatis c●perunt, quod nihil periculi in suo corpore eveniret, postmodum Cl. 17. H. 3. M. 2. his immediate Keepers were to be removed and others placed about him. subtracti fuerunt Custodes, qui deberent eum à malis tueri, nescit per quem; Vnde merito sibi timuit, & praecipue cum Wintoniensis Episcopus esset Consiliarius Domini Regis, qui minitabatur ei, sicut Anglia scit, & castrum divisarum fuit in custodia Petri de Riballis: Vnde cum tutela sua quae eum debuit protegere ex conventione, quando sic fuit in custodia à se recederet, non fuit mirum si ad Ecclesiam confugeret; & haec nulla ratione fecisset, si conventiones essent illi sub salva custodia servatae. De See Pat. 17. Hen. 3. M. 9 Dor. here in Append. N. 152. where 'tis said he made such an Agreement. Vtlagatione, unde dicitur, dicit quod talem conventionem non fecit, neque debet talis conventio aliqua reputari; quia nullus probus homo, & fidelis potest utlagari ex conventione, quia utlagatio est paena Malefactoris, & non bene operantis, & sequitur ex malefacto illius, qui non vult stare recto. Ipse vero, non fuit talis, quia semper rogavit & obtulit stare judicio parium suorum, postmodum cum esset reversus ad pacem Domini Regis, remissa sunt ei omnia praemissa, & adjudicata & proclamata est illa utlagatio nulla, per omnes Comitatus Angliae, per literas Domini Regis. Et istud judicium fuit factum apud Gloverniam, per os Domini W. _____ de Radelghe, coram Archiepiscopo, Episcopo, Comitibus, & Baronibus. Ad hoc quod dicit se nelle recipere breve de remissione utlagationis. Respondit, quod hoc fecit, ne videretur se confiteri justè tanquam malefactorem utlagatum; & dicit quod nullum implacitavit contra conventionem, quia nullam conventionem fecit Domino Regi, nisi de justiciaria Angliae, & de Castro Doboriae quae habuit per Cartam ad vitam suam. Et hoc bene patet, quia per voluntatem Domini Regis & in curia sua, recuperavit super eos, quos implacitavit, & per judicium Curiae suae; unde non est in culpa super hoc. Et si hoc non, etc. Et super hoc paratus est, etc. 9 Item quod respondeat de hoc, quod verba probrosa, & turpia dixit Domino Regi in praesentia Domini Radulphi filii Nicholai, Gadefrido de Crancumbe fratris G. _____ & aliorum, & Dominus Rex adhuc multa habet contra ipsum proponenda & dicenda, quae adhuc reservat in animo propositurus ea cum ei placuerit & locus ei affuerit. Ad hoc respondit, & hoc defendit praecise, sicut contra Dominum suum, & contra omnes alios qui hoc dicent, per quodcunque pares sui considerabunt, & omnia praemissa in reformatione pacis, ei fuerunt relaxata, & in jure remissa. Vnde non videtur quod super praemissis possit convenire de jure; & si in aliquo praemissorum fuit insufficienter responsum, paratus est Comes aliud dicere. Item videtur ei, quod non tenetur respondere, nisi restitutus esset, de omnibus bonis suis de quibus disseisitus fuit, cum nullus tenetur respondere in foro saeculari vel Ecclesiastico disseisitus. August 30. Dies datus est eidem Huberto coram Domino Rege, de audiendo judicio suo in crastino decollationis Sancti Johannis. Mat. Paris f. 524. n. 50. OTto, miseratione divina, etc. Discreto viro, illi Episcopo, vel Archidiacono, Salutem. Cum necesse habeamus de mandato summi N. 161 Pontificis, moram trahere longiorem, nec possumus propriis stipendiis militare; discretioni vestrae, qua fungimur auctoritate, mandamus, & quae sumus, ut procurationes nobis debitas in Episcopatu vel Archidiaconatu vestro colligi facias nostro nomine diligenter; eas quam citius poteritis nobis transmissuri, contradictores per censuram Ecclesiasticam compescendo. Proviso quod quaelibet procuratio, summam quatuor marcarum aliquatenus non excedat. Et ubi una Ecclesia non sufficut ad procurationem hujusmodi habendam, quae pariter unam solvant. Datum Londini Febr. 15th. A. D. 1240. decimo quinto Calendas Martii, anno Pontificatus Domini Gregorii Papae decimo tertio. Ibid. f. 5●5. n. 10. ILle vel Ille Episcopus, dilectis in Christo filiis omnibus Archidiaconis N. 162 per Diocesim suam constitutis, Salutem. Literas Domini Legati suscepimus in haec verba: Otto, etc. Cum sicut intelleximus, nonnulli Crucesignati Regni Angliae, qui sunt inhabiles ad pugnandum, ad sedem Apostolicam accedant, ut ibidem à voto Crucis absolvi valeant: & nos nuper, recepimus à Summo Pontifice in mandatis, ut tales non solum absolvere, verum etiam ad redimenda vota sua compellere debeamus; volentes eorum parcere laboribus & expensis, paternitati vestrae, qua fungimur auctoritate, mandamus, & quaesumus, ut potestatem praedictam, à summo Pontifice nobis concessam, faciatis in vestris Diocesibus sine mora qualibet publicari; ut praefati Crucesignati ad nos accedere valcant, beneficium super hoc juxta formam nobis traditam recepturi. Datum Londini decimo quinto Calendas Martii, Anno Pontificatus Domini Gregorii Papae decimo tertio. Claus. 24. H. 3. M. 4 Dor. in ced. SCiant praesentes & futuri quod ita convenit inter Dominum Henricum Regem Anglia illustrem ex una parte; & David filium Lewelini N. 163 quondam Principis Norwalliae & Dominum de Abberfrau ex altera; apud Gloucestriam die Martis proximo ante festum Sancti That is, the 19th of May. Dunstani anno regni ipsius Regis vicesimo quarto; de homagio ipsius David quod ipse offerebat eidem Domino Regi pro jure suo Norwalliae, & de terris quas Barones ipsius Domini Regis scilicet Griffinus filius Wennuwan & alii Barones Domini Regis petebant versus ipsum David, ut jura sua excepta terra de Monte alto secundum quod continetur in scripto nuper confecto, apud Crucem Griffini per Seneschallos Domini Regis quae ad praesens excipitur ab arbitrio. Salvo tamen in posterum jure S●neschalli Cestriae in terra illa si quod habet. Scilicet, quod praedictus Dominus Rex cepit homagium praefati David de praedicto jure suo Norwalliae, & quod tam idem Dominus Rex pro praefatis Baronibus suis de consensu corundem quam praefatus David pro se, & suis, & haeredibus eorum super omnibus terris praedictis se submiserunt arbitrio venerabilium Patrum Ottonis Sancti Nicholai in Carcere Tulliano Diaconi Cardinalis Apostolicae Sedis Legati, Wigorniae, & Norw●ci Episcoporum, & nobilis viri Richardi Comitis Pictaviae & Cornubiae fratris ipsius Domini Regis & johanis de Monemue ex parte ipsius Domini Regis; Et Venerabilis patris Episcopi de Sancto Asaph— Idenevet Vaughan, Eynguan Vaughan ex parte praefati David. Ita quod quomodolibet ab ipsis omnibus, vel à majori parte eorundem, super praemissis fuerit arbitratum, utraque pars ipsorum stabit arbitrio, & illud in perpetuum firmiter observabit. Et ad haec fideliter & sine fraude servanda Willielmus de Cantelupo de praecepto Regis juravit in animam ipsius Regis; & idem David in propria persona sua corporale praestitit Sacramentum: Et insuper se submiserunt jurisdictioni & inordinationi praefati Domini Legati quam diu in Anglia Legationis fungatur officio; ut partem contra praemissa venientem per censuram ecclesiasticam modis omnibus quibus melius viderit expedire, tam ad praedictum arbitrium observandum, quam ad transgressionem contra illud perpetratam emendandam valeat coercere, ordine juris observato. Dum tamen idem David vel sui si forsitan contra praedicta venire praesumpserint, prius coram dicto Domino Legato vel aliquibus aliis ad hoc ab ipso deputandis, & partibus merito non suspectis, in confinio Marchiae loco eidem David & suis tuto legitime communicantur, si ad hoc vocati venerint vel si legitime vocati non venerint pro contumacibus habeantur nisi rationabile & sufficiens habeant impedimentum: finito vero praedictae Legationis officio sub forma praescripta cohercioni & jurisdictioni Domini Cantuariensis Archiep scopi, & Successorum suorum & Ecclesiae Cantuariensis se partes praedictae submiserunt. Et Sciendum quod per hanc pacem remanent Domino Regi & haeredibus suis omnia homagia Baro●um Walliae quieta; & remittuntur omnia incendia, homicidia, & alia mala tam ex parte Anglicorum, quam Walensium perpetrata. Ita quod ad invicem plene reconcilientur. Salvo praefato David jure suo, si quod habet in aliis terris. Et si forte aliquis praedictorum arbitrorum ante hoc arbitrium completum in fata decesserit, vel per impedimentum rationabile praedicto arbitrio faciendo non possit interesse, alius loco suo substituetur qui neutri partium merito suspectus habeatur. Ad hoc praefati Episcopus de Sancto Aspah Idenevet & Ignan & Griffinus filius Rocherich praestiterunt Sacramentum, quod quantum in eis est praedicta fideliter observabunt, & ab ipso David & suis, modis omnibus quibus poterunt facient observari: Ad majorem autem hujus rei securitatem factum est hoc scriptum inter ipsos Regem & David in modo Chirographi●. Ita quod parti remanenti penes ipsum Dominum Regem appositum est sigillum ipsius David una cum sigillo praedictorum Episcopi de Sancto Asaph, Idenevet, Ignan, & Griffini. Et parti penes ipsum David remanenti appositum est sigillum Domini Regis. Hiis Testibus venerabilibus patribus Ottone Sancti Nicholai in Carcere Tulliano Diacono Cardinali Apostolicae sedis Legato, Waltero Eboracensi Archiepiscopo, Waltero Carleolensi, Waltero Wygornensi, & Willielmo Norwicensi Episcopis, Richardo Comite Pictaviae & Cornubi●e fratre Domini Regis, venerabili patre Episcopo de Sancto Asaph Willielmo de Cantilupo, Amaur de Sancto Amando Seneschallis nostris, Johanne extraneo, Edenewet Watham, Griffino filio Rotherich, David Archidiacono de Sancto Asaph & aliis. ● 25. H. 3. ● Dor. REx David filio Lewelini, Salutem. Bene recolimus qualiter nos vobis nuper in mandatis dedimus quod coram nobis apud Wigorniam compareretis, ad providendum arbitros qui loco eorum qui primo ad hoc electi fuerant, & qui ad partes recesserunt transmarinas justiciam secundum formam pacis inter nos & vos provise singulis conquerentibus exhiberent, & in arbitrio praedicto secundum formam debitam procederent; Et similiter ad Justiciam recipiendam de portione uxorem vestram contingente de hereditate sua: Et similiter ad standum recto super hiis de quibus Senescallus de Monte Alto & alii vobis sunt conquesti. Et quia ad diem & locum vobis praefixos non accessistis, set literas vestras nobis misistis continentes quod tres ex vestris ad nos loco vestro destinastis ex quibus tantum unus ad nos accessit qui ad praemissa adimplenda nullam potestatem habuit unde quibusdam ex nostris visum fuerat quod hoc malitiose & ut subterfugium quaereretis per vos factum fuit: Nos tamen hoc non credentes set fidelitatem vestram adhuc magis probare volentes. Vobis mandamus in fide qua nobis tenemini praecipiendo quatinus omni occasione postposita personaliter compareatis apud Salop die Dominica proxima ante Dominicam Palmarum coram fidelibus nostris quos illuc duxerimus transmittendos ad consentiendum in personas certas ad procedendum in arbitrio praedicto loco eorum qui ad partes transmarinas recesserunt, & ad faciendum in eodem arbitrio id quod adhuc restat faciendum & ad recipiendam justiciam de portione uxorem vestram de haereditate sua contingente & ad standum recto Seneschallo Cestriae & aliis de vobis conquerentibus. Quod si personaliter ad hoc faciendum venire non possitis tales loco vestro mittatis qui plenam potestatem habeant haec omnia nomine vestro faciendi. Nos enim enim vobis & vestris per eos quos ibidem mittemus aut per nosmet ipsos salvum & securum provideri faciemus conductum. Teste Rege apud Wudestoke decimo nono die Februarii. ●s. 25. H. 3. ●. Dor. ANno Domini Millesimo Ducentesimo quadragesimo primo die Dominica proxima ante inventionem Sanctae Crucis assignata David filio Lewelini quondam Principis Norwalliae & Mar●hionibus ad consentiendum in arbitros substituendos loco absentium & ad faciendam & recipiendam Justiciam secundum formam pacis conventae inter Dominum Regem & dictum David comparuit Thudius Seneschallus ipsius David, parvus David Cancellarius & Philippus filius Ivor Clericus ex parte David procuratores ostendentes literas ipsius David in quibus dictus David promittebat se ratum habiturum quicquid per ipsos fieret secundum formam pacis supradictae. Radulphus vero de Mortuo Mart, & Rogerus Seneschallus Cestriae, & Griffinus pro se & aliis Marchionibus comparuerunt petentes instanter quod secundum dicta testium productorum coram Domino Stephano de Segrabe & conjudicibus suis vicem Domini Regis gerentibus apud Salop eisdem exhiberetur Justitiae complementum. Set contra procuratores praefati David asserebant dictos testes non esse receptos secundum formam pacis. Quare secundum dicta eorum non dicebat nec poterat judicari. Tandem continuata die & altercatione magna super hoc & aliis habita inter partes, forma pacis praedictae producta in medio visaque & perlecta loco absentium arbitrorum scilicet Domini Ottonts Sancti Nicholai in Carcere Tulliano Diaconi Cardinalis Domini Papae quondam Legati in Anglia Wigornensis & Norwicensis Episcoporum subrogati sunt per Dominum Regem de consensu dictorum procuratorum Episcopus Coventrensis Johannes filius Galfridi & Herebertus filius Matthaei & Walterus de Clifford quibus data est eadem potestas quam haberent absentes, si praesentes essent secundum formam pacis praedictae. Et assignata est Dies partibus à die Pentecostes proximo in unum mensem apud pontem de Maneford ultra Salop, ad probanda hinc inde sive per productos Testes non obstante productione jam facta sive per alios & quolibet probationis genere sive per instrumenta sive alio modo quae voluerint & sibi noverint expedienda; & illa die dabitur alia ad judicium audiendum secundum probata coram eisdem Arbitris juxta formam pacis superius praelibatae. REx David silio Lewelini quondam Principis Norwalliae Salutem. Claus. 25. H. 3. M. 7. Dor. Ex certa quorundam relatione didicimus quod vos contra N. 166 juramentum nobis praestitum quosdam fratres Griffini filii Madoc & etiam quosdam homines nostros de Reri qui homagia nobis fecerunt vobis confeoderastis, & ab obsequio & fidelitate nostra subtraxistis, & fratres praedicti Griffini contra nos in terra vestra receptatis. Tres quidem de Seheschallis vestris in succursum eorum qui expugnant dilectum & fidelem nostrum Radulphum de Mortuo Mari destinastis caedes & incendia per vos & vestros in terra sua & terris aliorum fidelium committendo Terras etiam quae in Curia nostra abjudicatae suerunt Owena Vagban & nepotibus suis, eye contra justiciam deforciatis, non permittentes quod executio fiat de hiis quae in Curia nostra sunt considerata. Quandam etiam navem Cestriae quae in potestate vestra applicuit cartata blado & aliis victualibus arestari fecistis per vos & gentem vestram, in nullo hiis quorum bladum & victualia fuerunt inde satisfacientes super quibus non modicum admiramur & movemur; & multo fortius quod cum nuper misissemus nuntios nostros solempnes usque Salop utpote venerabilem Patrem Henricum Coventrensem, & Lichfeldensem Episcopum, & dil●ctos & fideles nostros johannem filium Galfridi, & Henr●cum de Adithelegh paratos ad emendas faciendas, & recipiendas de interceptionibus factis tam ex parte nostra quam ex parte vestra Vos tanquam in contemptum nostrum praedictis fidelibus nostris non occurristis nec per aliquos de vestris in eorum occursum mittere curastis. Quod quidem aegre nos movet cum tot & tantas injurias quas longum esset enumerare contra nos & nostros nullo modo attemptare debuistis. Et ideo vobis mandamus quod praedictos fideles nostros tam fratres praedicti Griffini quam homines nostros de Reri quòs à fidelitate nostra s●btraxistis ad fidem nostram r●dire faciatis, non impedientes quin praedictus Owe●us Vaughan & Nepotes sui secundum quod abjudicatum est in Curia nostra terris suis gaudere possint, & eas pacifice possidere. Id etiam quod contra dilectum & fidelem nostrum Radulphum de Mortuo Mari & alios fideles nostros & etiam quod de Navi illa Cestrensi attemptastis, sic emendari faciatis quod nobis non relinquatur materia injurias praedictas gravius ulciscendi quod nollemus. Nec omittatis quin citra festum Sancti Petri ad Vincula nobis significetis qualiter dampna & injurias praedictas quae nullo modo dissimulare poterimus nobis emendare volueritis. Teste Rege apud Merlebergh quarto decimo die Julii. ● 25. H. 3. Dor. SCiant presentes & futuri quod ita convenit inter Dominum Henricum Regem Angliae illustrem ex una parte & Senanam uxorem Griffini filii Lewelini quondam Principis Norwalliae quem David Frater ejus tenet Carceri mancipatum, eum Oweyn filio suo, nomine ejusdem Griffini ex altera; Scilicet quod praedicta Senana manucepit pro praedicto Griffino viro suo quod dabit Domino Regi Sexcentas Marcas, ut Rex eum & praedictum Oweyn filium suum liberari faciat à Carcere praedicto. Ita quòd stabit judicio Curiae suae si de jure debeat carcere detineri. Et ut Rex postea judicio Curiae suae secundum legem Walensem ei & haeredibus suis habere faciat super portione quae eum contingit, de haereditate quae fuit praedicti Lewelini Patris sui, & quam praedictus David ipsi Griffino deforciavit. Ita quod si idem Griffinus vel haeredes sui per considerationem Curiae Domini Regis reciperent portionem quam se dicunt contingere de haereditate praedicta, eadem Senana manucepit pro praedicto Griffino & haeredibus suis quod ipse & haeredes sui imperpetuum inde reddent Domino Regi & haeredibus suis trecentas Marcas annuas. Scilicet tertiam partem in Denariis & tertiam partem in bobus & vaccis & tertiam partem in equis per aestimationem legalium hominum liberandas Vicecomiti Salop apud Salop & per manum ipsius Vicecomitis ad Scaccatium Regis deferendas, & ibidem liberandas. Scilicet unam medietatem ad festum Sancti Michaelis & aliam medietatem ad Pascham. Eadem etiam Senana manucepit pro praedicto Griffino viro suo & haeredibus suis quod firmam pacem tenebunt cum praefato David super portione quae eidem David remanebit de haereditate praedicta. Manucepit etiam eadem Senana pro praefa●o Griffino & haeredibus suis quod si aliquis Walensis aliquo tempore Regi vel haeredibus suis rebellis extiterit praefatus Griffinus & haeredes sui ad custum suum proprium ipsum compellent ad satisfaciendum Domino Regi & haeredibus suis. Et de hiis omnibus supradictis firmiter observandis, dicta Senana dabit Domino Regi David & Rothery filios suos obsides. Itatamen quod si de praefato Griffino & Oweyno filio suo qui cum eo est in carcere humanitus contingat, antequam inde deliberentur alter praedictorum filiorum eidem Senanae reddetur reliquo obside remanente Juravit insuper eadem Senana tactis Sacrosanctis ewangeliis pro se & praefato Griffino & haeredibus suis quod haec omnia firmiter observabunt. Et Manucepit quod praefatus Griffinus idem jurabit cum à carcere liberatus fu●rit. Et super praemissis se submisit nomine dicti Griffini jurisdictioni Herefordensis & Coventrensis Episcoporum. Ita quod praefati Episcopi vel alter corum quem Dominus Rex elegerit ad requisitionem ipsius Regis per sententias excommunicationis, in personas & interdicti in terras eorum coherceant ad praedicta omnia & singula observanda. Haec omnia manucepit praedicta Senana & bona fide promisit se facturam & curaturam quod omnia impleantur, & quod praefatus Griffinus cum liberatus fuerit & haeredes sui haec omnia grata habebunt, & complebunt; & instrumentum suum inde dabunt Domino Regi in forma praedicta. Ad majorem siquidem hujus rei securitatem factum est hoc scriptum inter ipsum Dominum Regem & praefatam Senanam nomine praefati Griffini viri sui. Ita quod parti remanenti penes ipsum Dominum Regem appositum est sigillum praefati Griffini per manum praefatae Senanae uxoris suae una cum sigillo ipsius Senanae & parti remanenti penes ipsam Senanam nomine praefati Griffini appositum est sigillum ipsius Domini Regis. De supradictis etiam omnibus complendis & firmiter observandis dedit praedicta Senana nomine praefati Griffini Domino Regi plegios subscriptos videlicet Radulphum de Mortuo Mari, Walterum de Clifford, Rogerum de Monte Alto Seneschallum Cestriae, Mailgun filium Mailgun, Mereduc filium Roberti, Griffinum filium Maddok de Baunfeld, Howel & Mereduk fratres ejus, Griffinum filium Wennuwen, qui haec omnia pro praefata Senana manuceperunt, & Cartas suas ipsi Domino Regi inde fecerunt. Actum apud Salop die Lunae proxima an●e assumptionem Beatae Mariae, anno ipsius Regis vicesimo quinto. OMnibus hoc scriptum visuris, Rogerus de Monte alto, Mat. Park f. 625. lin. 5. Seneschallus Cestriae, Salutem. Sciatis quod ego me constitui plegium N. 168 Senanae uxoris Griffini filii Leolini, quondam Principis Norwalliae, & manu cepi pro ea erga Dominum meum Henricum Regem Angliae illustrem, quod omnia quae conventionavit eidem Domino meo nomine praefati viri sui, pro liberatione sua & Owenii filii sui, à carcere in quo David frater ejus eos detinet, & pro portione quae ipsum Griffinum contingit de haereditate, qua fuit praedicti Leolini patris sui, & quam praefatus David frater ejus ei deforciat, Domino Regi firmiter observabit. In cujus rei testimonium, huic scripto sigillum meum apposui. Actum apud Salopesbury die Lunae ante August 15. assumptionem Beatae Mariae. Anno Regni ipsius vicesimo quinto. Sub eadem forma fecerunt singuli plegii praescripti, Domino Regi chartas suas tam Barones Angliae, quam Wallenses & eodem modo se obligaverunt. SCiant praesentes & futuri, quod ego Merducus filius Howel, Ibid. n. 10. tactis Sacro-Sanctis juravi, quod ab isto die in antea omnibus diebus vitae N. 169 mea ero ad fidelitatem Domini Regis Angliae, & serviam ei fideliter & devote cum omnibus viribus meis, & toto posse meo, quandocunque indiguerit servitio meo, & treugam inter Dominum Radulphum de Mortuo Mari & me initam, usque ad Festum Sancti Michaelis, anno Regni Regis Henrici vigesimo quinto, ex parte mea fideliter observabo: & tam ad fidelitatem Domino Regi in perpetuum observandam, quam ad treugas praedictas observandas usque ad terminum praedictum, supposui me jurisdictioni Domini Herefordensis Episcopi, & Domini Coventrensis & Lichfieldensis Episcopi, vel alterius eorum quem Dominus Rex ad hoc elegerit, ut si in aliquo contra praedictam fidelitatem Domini Regis vel contra observantiam praedictarum treugatum venerit, liceat eis, vel eorum alteri, quem Dominus Rex ad hoc elegerit, personam meam & omnes meos excommunicare, & terram meam interdicere, donec de transgressione ipsam satisfecero ad plenum. Et si forsitan infra praedictum festum Sancti Michaelis, inter praedictum Radulfum de Mortuo Mari & me nulla pax fuerit reformata, licet post festum illud bellum moveam praedicto Radulpho, non obligabit me praedictum juramentum, dum tamen erga Dominum Regem fidelitatem observem continuam, sicut praedictum est. Et si bellum post praedictum Terminum inter nos moveatur, nihilominus Dominus Rex sustinebit, quod ego & mei receptemur in terra sua, sicut alii fideles sui. Ad praedicta autem observanda Domino Regi & haeredibus suis, obligo me per juramentum praedictum, & per sigilli mei appositionem, quod huic scripto apposui, ad majorem confirmationem praedictorum. Actum in Crastino ●th of Assumptionis Beatae Mariae, anno regni Regis Henrici vigesimo quinto. Sub eisdem verbis fecerunt Domino Regi chartas suas, Owein filius Howel: Mailgun filius Mailgun: Mereduc filius Mereduc: Howel filius Cadwathlan: & Cadwathlan filius Howel. ●. 46. ● 25. H. 3. ●●ors. OMnibus Christi fidelibus, ad quos praesentes Litterae pervenerunt, David filius Leolini, Salutem. Sciatis quod concessi Domino meo Henrico Regi Angliae illustri, filio Domini Johannis Regis: quod deliberabo Griffinum fratrem meum, quem teneo incarceratum, una cum filio suo primogenito, & aliis qui occasione praedicti Griffini sunt in parte mea incarcerati, & ipsos eidem Domino meo Regi tradam. Et postea stabo Juri in Curia ipsius Domini Regis, tam super eo, utrum idem Griffinus debeat teneri captus, quam super portione terrae, quae fuit praedicti Leolini patris mei, si qua ipsum Griffinum contingere debeat, secundum consuetudinem Wallensium, ita quod pax servetur inter me & praedictum Griffinum fratrem meum, quòd caveatur de ipsa tenenda secundum considerationem Curiae ipsius Domini Regis: & quod tam ego quam praedictus Griffinus portiones nostras, quae nos contingent de praedictis terris, tenebimus in Capite de praedicto Domino Rege. Et quod reddam Rogero de Monie alto, Seneschallo Cestriae, terram suam de Monthaut cum pertinentiis: & sibi & aliis Baronibus & fidelibus Domini Regis, seisinas terrarum suarum occupatarum à tempore belli orti inter ipsum Dominum johannem Regem, & praedictum Leolinum patrem meum, salvo jure proprietatis cujuslibet pacti & instrumenti, super quo stabitur Juri hinc inde in Curia ipsius Domini Regis. Et quod reddam ipsi Domino Regi omnes expensas, quas ipse & sui fecerunt occasione exercitus istius. Et quod satisfaciam de damnis & injuriis illatis sibi & suis, secundum considerationem Curiae praedictae, vel malefactores ipsos ipsi Domino Regi reddam. Et quod similiter Domino Regi reddam omnia homagia, quae Dominus Johannes Rex pater suus habuit, & quae Dominus Rex de Jure habere debet: & specialiter omnium Nobilium Wallensium. Et quod idem Dominus Rex non dimittet aliquem de suis captivis, quin ipsi Domino Regi & suis remaneant seisinae suae. Et quod terra de Englesmere cum pertinentiis suis, in perpetuum remanebit Domino Regi & haeredibus suis. Et quod de caetero non receptabo Vtlagos vel Foris banniatos ipsius Domini Regis vel Baronum suorum, de Marchia in terra mea, nec permittam receptari. Et de omnibus articulis supradictis, & singulis, firmiter & in perpetuum observandis, domino Regi & haeredibus suis pro me & haeredibus meis cavebo per obsides & pignora, & aliis modis, quibus Dominus Rex dicere voluerit & dictare. Et in his & in omnibus aliis stabo voluntati, & mandatis ipsius Domini Regis, & juri parebo omnibus in Curia sua. In cujus rei testimonium praesenti scripto sigillum meum appendi. Actum apud Alnetum juxta fluvium Elvey de Sancto Asapvo, in August 29. festo decollationis Sancti johannis Baptistae, anno praedicti Domini Regis Henrici vigesimo quinto. Et sciendum, quod illi qui capti detinentur cum praedicto Griffino, eodem modo tradentur Domino Regi, donec per Curiam suam consideratum fuerit, utrum & quomodo debeant deliberari. Et ad omnia firmiter tenenda, ego David Juravi super crucem sanctam, quam coram me feci deportari. Venerabilis etiam pater Howelus Episcopus de Sancto Asaph, ad petitionem meam, firmiter promisit, in ordine suo, quod haec omnia praedicta faciet, & procurabit modis quibus poterit observari. Edenevet siquidem Waugan, per praeceptum meum, illud idem juravit super crucem praedictam. Actum ut supra. Praeterea concessi pro me & haeredibus meis, quod si ego vel haeredes mei contra pacem domini Regis vel haeredum suorum, vel contra articulos praedictos, aliquid attentaverimus, tota haereditas nostra Domino Regi & haeredibus suis incurratur. De quibus omnibus & singulis, supposui me & haeredes meos jurisdictioni Archiepiscopi Cantuariensis, & Episcoporum Londinensis, Herefordensis, & Coventrensis, qui pro tempore praeerunt, quod omnes, vel unus eorum, quem Dominus Rex ad hoc elegerit, possit nos excommunicare, & terram nostram interdicere, si aliquid contra praedicta attentaverimus. Et procuravi, quod Episcopi de Bangor, & de Sancto Asaph, chartas suas Domino Regi fecerunt, per quas concesserunt, quod omnes sententias tam excommunicationis, quam Interdicti, à praedictis Archiepiscopo, Episcopis, vel aliqúo eorum, ferendas, ad mandatum eorum exequentur. REx omnibus etc. Pat. 25. H. 3. M. 2. Dor. David filius Lewelini qu●ndam principis Northwallie Salutem Noverit Universitas vestra me Spontanea Voluntate N. 171 mea pepigisse Domino meo Henrico dei gratia Regi Anglie quod ego & haeredes mei eidem Domino Regi & haeredibus suis omnibus diebus vite nostre constanter & fideliter serviemus nec aliquo tempore contra eos erimus quod si forte evenerit quod à fideli servicio suo vel heredum suorum quod absit recesserimus tota terra nostra erga ipsum Dominum Regem & heredes suos incurratur & in usus eorum perpetuis cedat temporibus. Hanc autem pactionem & concessionem sigilli mei appositione roboravi & ad majorem hujus rei declarationem Venerabiles patres Bangorensem & de Sancto Asaph Episcopi ad petitionem meam presenti scripto sigilla sua apposuerunt. Actum apud Rothelan tricesimo primo die Augusti. 〈◊〉 46. ALexander, Dei gratia Rex Scotiae, omnibus Christi fidelibus h●c scriptum visuris vel audituris Salutem. Ad vestram volumus pervenire notitiam, nos pro nobis & haeredibus nostris concessisse, & fideliter promisisse, charissimo & ligio Domino nostro Henrico tertio Dei gratia R●gi Angliae illustri, Domino Hyberniae, Duci Normanniae, & Aquitaniae, & Comiti Andegaviae, & ejus haeredibus quod in perpetuum bonam fidem ei servabimus pariter & amorem; Et quod nunquam aliquod foedus inibimu● per nos, vel per aliquos alios, ex parte nostra, cum inimicis Dom●ni Regis Angliae, vel haeredum suorum, ad bellum procurandum vel faciendum, unde damnum eis vel Regnis suis Angliae & Hyberniae, aut caeteris terris suis eveniat, vel possit aliquatenus evenire, nisi nos injuste gravent; Stantibus in suo robore conventionibus inter nos & dictum Dominum Regem Angliae initis ultimo apud Ehoracum, in praesentiam Domini Otronis, tituli Sancti Nicolai in carcere Tulliano Diaconi Cardinalis tunc Apostolicae sedis Legati in Anglia; Et salvis conventionibus factis super matrimonio contrahendo, inter filium nostrum & filiam dicti Domini Regis Angliae. Et ut haec nostra concessio & promissio pro nobis & haeredibus nostris perpetuae firmitatis robur obtineant, fecimus jurare in animam nostram Alanum Ostiarium, Henricum de Bailloil, David, de Lindeseie, Willielmum Gifford: quod omnia praedicta, bona fide firmiter & fideliter observabimus. Et similiter jurare fecimus venerabiles patres David, Willielmum, Galfridum, & Clementem, Sancti Andreae, Glasconensem, Dunkeldensem, & Dublanensem Episcopos. Et paeterea fideles nostros, Patricium Comitem de Dumbar, Malcolinum Comitem de Fif, Malisium Comitem de Stratherne, Walterum Cumin de Meneteth, Willielmum Comitem de Maro, Alexandrum Comitem de Buthan, David de Hastingia Comitem Athorl, Robertum de Bruis, Alanum Ostiarium, Henricum de Bailloil, Rogerum de Mumbri, Laurentium de Aurinthia, Richardum Cumin David, de Lindeseie, Richardum Siward, Willielmum de Lindesia, Walterum de Moravia, Willielmum Giffard, Nicolaum de Sully, Willielmum de veteri ponte, Willielmum de Bevire, Aleumum de Mesue, David de Graham, & Stephanum de Smingham: Quod si nos, vel haeredes nostri, contra concessionem & promissionem praedictam, quod absit, venerimus, ipsi, & haeredes eorum, nobis, & haeredibus nostris, nullum, contra concessionem & promissionem praedictam, auxilium vel consilium impendent, aut ab aliis pro posse suo impendi permittent. Immo bona fide laborabunt erga nos & haeredes nostros, ipsi & haeredes eorum, quod omnia praedicta à nobis & haeredibus nostris, nec non ab ipsis & eorum haeredibus firmiter & fideliter observentur in perpetuum. In cujus rei testimonium, tam nos, quam praedicti Prelati, Comites & Barones nostri, praesens scriptum sigillorum suorum appositione roboravimus. Testibus Prela●is, Comitibus, & Baronibus, superius nominatis. Anno regni nostri etc. Ista signa apposita fuerunt in continenti, scilicet Regis Scotiae Alexandri, Willielmi de Bevire, Willielmi de veteri ponte, Willielmi de Lindesia, Stephani de Smingham. Aliorum sigilla apposita fuerunt postea. ILlustri viro, Domino Henrico, Dei gratia Regi Anglorum, Mat. Paris f. 651. n. 50. etc. Abbates Haberconwiae & de Remere, Cisterciensis ordinis, Inquisitores N. 172 dati à Domino Papa, Salutem in Domino. Mandatum Domini Papae recepimus in haec verba; Innocentius Episcopus, Servus Servorum Dei, dilectis filiis Abbatibus de Haberconwia & de Kemere, Note, the Number before this should have been 171. Cisterciensis ordinis, Kangorum Diocesis, Salutem & Apostolicam benedictionem. Ex parte dilecti filii nostri, nobilis viri David, Principis Northwalliae, fuit propositum coram nobis, quod cum inter ipsum, quem parentes ejus in alumnum Romanae Ecclesiae donaverunt, & charissimum in Christo filium nostrum Regem Anglorum illustrem, bellum longo tempore perdurasset, tandem postquam fuit in venerabilem fratrem nostrum Episcopum de Sancto Asaph, & collegas ipsius, de stando hinc inde eorum arbitrio super omnibus querelis, juramento à partibus praestito, concorditer, bonis viris mediantibus compromissum. Idem Rex, non attendens, quod pendente illorum arbitrio, sibi super hoc aliquid attentare non licebat, in praedictum Principem ex insperaeto hostiliter irruit, ad praestandum quod super praedictis, de quibus compromissum fuerat, & juratum, ac aliis ipsius Regis, mandare per vim compulit, & metum, qui cadere poterat in constantem. Cum igitur ea quae vi & metu fiant, carere debeant robore firmitatis, discretioni vestrae per Apostolica scripta mandamus, quatenus inquisita super hoc diligentius veritate, si rem inveneritis ita esse, auctoritate nostra praedictum Principem ab observatione sic extorti juramenti penitus abselventes, sententia, si qua occasione hujusmodi in ejus personam, vel terram, ab aliquo forsan lata fuerit, juxta formam Ecclesiae, sine difficultate qualibet, sicut justum fuerit, relaxetis. Testes vero, etc. Datum Januae, septimo Kalendas Augusti. Pontificatus nostri anno secundo. Hujus igitur autoritate muniti, vobis mandamus, quatenus in vigilia Sanctae Agnetis Virginis, apud Creythin. Keyrus, in Ecclesia The Church of Lian-gustenin. Gustefend coram vobis compareatis, super contentis in autentico, dicto Principi responsuri, si vobis videritis expedire. REverendo in Christo patri Innocentio. Dei gratia, Mat. Paris f. 666. n. 50. summo Pontifici, Magnates & universitas Regni Angliae, recommendationem, N. 173 cum pedum osculo beatorum. Matrem nostram Romanam Ecclesiam totis visceribus diligimus & amamus, ut debemus; & ipsius honoris incrementum & augmentum, affectione quanta possumus affectamus; ad quam habere refugium nos oportet temporibus opportunis; ut dolor aggravans filialis, Materno Solatio mitigetur. Quod quidem Solatium, mater filio eò tenetur mitiùs & faciliùs impertiri; quò ipsum maternae dulcedinis alimento, gratum rep●tit & devotum, esse quidem non potest immemor mater illa illius gratitudinis quam ei à longè retroactis temporibus Regnum Anglicanum impendit; concedendo eidem, ad exaltationem suam, & conservationem majorem Subsidium docens, & non modice fructuosum: ut per hoc inter Ecclesiam ipsam & Regnum praedictum, foedus dilecti●nis firmius iniretur. Quod quidem Subsidium, processu temporis beati Petri denarius extiterit nuncupatum. Ipsa verò Ecclesia hujusmodi subsidio non contenta, aliis temporibus tam per Legatos, quam per alios nuncios multiplicatos, Subsidia petebat diversa in Regno praedicto: quae ei à filiis suis, tanquam devotis, & matrem suam sincerae dilectionis brachiis amplexantibus; fuerunt concessa liberaliter & libenter. Paternitatem etiam vestram non credimus ignorare, quod praedecessores nostri, sicut vi● Catholici, creatorem suum diligentes pariter & timentes; animarum suarum & praedecossorum suorum, nec non & fuccessorum saluti insistere cupientes, Monasteria fundaverunt; & bonis suis, tam terris dominicis, quàm ecclesiarum patronatibus ditaverunt: ut viri religiosi in monasteriis illis primam religionem laudabiliter exercentes, & cum summa devotione altissimo samulantes; pace & plena tranquillitate possent gratulari, prout religioni dignoscitur convenire, de d●ctis dominicis necessaria capientes & ut clerici sui patronatuum suorum ecclesias obtinentes, pro eis labores subirent exteriores, & eos d●fenderent; inhaerentes religioni secundae, ab incursibus aliorum. Qua propter non sine magna molestia nostra, & gravamine intollerabili nobis valdè; praefati religiosi possent patronatibus suis, aut ecclesiarum collationibus, aliquantenùs defraudari. Sed ecce per vos & praedecessores ●estros, nullam considerationem habentes, quod praeter subsidia supradicta, jam ditantur in Anglia I●alici (quorum est jam numerus insinitus) ecclesiis ad ipsorum religiosorum spectantibus patronatus, qui rectores eeclesiarum dicuntur: praefatos religiosos, quos deberent defendere relinquentes penitùs indefensos, nullam ●am animarum gerentes, sed lupos rapacissimos gregem dispergere, & oves rapere permittentes. Vndè verè dicere possunt, quod non sunt boni pastores, quoniam oves suas non cognoscunt, nec pastorum notitiam oves habent. Hospitalitati Eleemosynarúmque largitioni sicut statutum est in Ecclesia, non insistunt: sed fructus tantum percipiunt, extra regnum asportantes; Regnum non mediocriter depauperando, & redditus occupando. Quibus redditibus fratres, nepotes, consanguinei nostri, & caeteri benè meriti de Regno Angliae praedicto beneficiari tenerentur; qui possent & vellent dicta charitatis opera, & etiam plura alia misericorditer & piè exercere, & ecclesiis ipsis personaliter deservire, ut qui altari deserviunt, vivant etiam de altari, secundùm dictum Pauli, ipsi verò nunc necessitate compulsi, laici & exules sunt effecti. Vt autem vobis veritas pleniùs innotescat, Italici percipientes in Anglia Sexaginta millia Marcarum, & eò ampliùs annuatim (aliis perceptionibus diversis exceptis) plus emolumenti meri redditus de Regno reportant, quàm ipse Rex, qui est tutor ecclesiae, & Regni gubernacula moderatur. Porrò post creationem vestram firmiter sperabamus, & adhuc speramus, eam de vobis fiduciam reportantes; quòd vestrae paternitatis misericordia mediante, gaudebimus eleemosynas nostras praedictas, tempore vestro fore statui debito & pristino reformandas. Sed tacere non possumus gravamen nostrum: quo non solum gravamur, sed etiam opprimimur ultra modum, videlicet quod Magister Martinus praefatum Regnum, sine domini Regis licentia, cum majori Potestate, quam unquam vidimus habere Legatum à Domino Rege postulatum, nuper ingressus (licet non utens legationis insigniis, multiplicato tamen legationis officio) novas quotidiè proferens potestates inaudatas excedens excedit: quadam beneficia jam vacantia, triginta Marcas, vel ampliùs, annuatim valentia personis Italicis conferendo: quibus decendentibus, & patronis ignorantibus, alii supponuntur; & sic patroni suis collationibus defraudantur, adhuc etiam idem magister Martinus beneficia consimilia, cum ea vacare contigerit, personis nititur assignare. Quorundam beneficiorum collationem sedi Apostolicae reservando, & à viris religiosis pensiones immoderatas insuper extorquendo, contradictores & resistentes excommunicationis & interdicti sententiis passim, non absque magno discrimine & animarum periculo, supponendo. Cum igitur prafatus Magister Martinus, non sine totius Regni perturbatione non modica, jurisdictionem exercens memoratam, quam à conscientia vestra credere non possumus emanasse, eò quòd in m●ltis majori fungeretur officio quam unquam fungi legatum aliquem videremus privilegio domini Regis admodum derogando, per quod ei à sede Apostolica specialiter indulgetur, nequis in Anglia legationis fungatur officio, nisi à domini Rege specialiter postulatus: Sanctae paternitati vestrae supplicamus quantum possumus humiliter & devotè, quatenùs, cùm pius pater ad relevationem oppressionis filiorum manum misericordiae teneatur extendere, ab oppressionibus & gravaminibus memoratis, nos velit vestrae paternitatis benignitas tempestivo ac efficaci remedio, citò relevare. Quantumcunque namque dominus noster Rex, qui est princeps Catholicus, & jugi vigilatione obsequiis divinis intendit, corporis sui consumptionem non considerans, in obsequio Jesu Christi sedem velit Apostolicam revereri, & Ecclesiae Romanae, sicut filius ejus Charissimus, commodi & honoris desideret incrementum & augmentum; jure tamen Regio dignitateque Regia plenius conservatis: nos tamen, qui in negotiis suis portamus pondus dierum & aestus, & quibus unà cum ipso domino Rege, intendere conservationi Regni diligenter incumbit, dictas oppressiones Deo & hominibus detestabiles, & gravamina nobis intolerabilia, non possumus aequanimiter tolerare, nec per dei gratiam ampliùs tolerabimus, vestrae pietatis remedio Mediante; quod festinum & tempestivum, habere credimus & speramus; placeat igitur paternitati vestrae hanc supplicationem nostram taliter exaudire quòd à Magnatibus & universitate Regni Angliae, tanquam à filiis in Christo Charissimis, speciales gratias debeatis meritò reportare. HEnricus dei gratia, etc. Venerabili in Christo, tali Episcopo salutem. Mat. Paris f. 708. n. 40. Licet aliàs vobis scripserimus, semel, secundò & tertiò, tam per N 174 literas nostras clausas, quàm patentes, ne ad opus domini Papae vel alterius tallagium aliquod vel auxilium exigeretis à viris religiosis, clericis vel laicis, cùm nullum hujusm●di tallagium vel auxilium exigi possit vel consueverit, sine magno praejudicio Regiae dignitatis, quòd nullo modo poterimus aut volumus sustinere: Vos tamen mandatum nostrum in hac parte contemnentes, contra provisionem per Magnates nostros, tam Praelatos quàm Comites & Barones factam in Consilio nostro Londonensi, & concessam, exactionem faciatis Memoratam super quo miramur plurimùm & movemur, praesertim cùm facto vestro proprio non erubes●itis contraire, cùm vos & alii Praelati in praedicto Concilio communiter concesseritis, quòd nihil de exactione hujusmodi faceretis donec nuncii nostri & v●stri necnon & aliorum Magnarum nostrorum & totius universi●atis Regni nostri à Curia Romana redirent, qui pro liberatione oppressionum ad curiam illam, sicut nostis, fuerant specialiter destinati. Vobis igitur mandatis inculcatis mandamus injungentes, firmiùs & districtiùs inhibentes, ne ad exactionem praedicti tallagii vel auxilii faciendam aliquatenus procedatis, sicut gaudere desideratis Baronia vestra, & possessionibus vestris, quas in Regno nostro tenetis; & si quid inde cepistis, extra regnum nostrum asportari nullatenus permittatis, sed illud salvo custodiri faciatis usque ad reditum nunciorum praedictorum, indubitanter scituri, quod si secus egeritis, nos ad poss●ssi●nes vestras manum gravaminis, ultra quàm credere vel tis, extendemus; hanc autem inhibitionem, vobis injungimus faciendam Archidiacon●s & officialibus vestris, quam quidem pro libertate cleri, & populi facimus, novit Deus, etc. ●em f. 716. HEnricus Dei gratia Rex Angliae, etc. praecipimus tibi, quod sicut teipsum, & omnia tua diligis, non permittas, quòd aliqui laici de Baliva tua ad v●untatem Episcopi Lincolniensis Archidiaconorum vel Officialium seu Decanorum ruralium, in aliquo loco conveniant de caetero, ad cognitiones per sacramentum eorum, v●l attestationes aliquas faciendas, nisi in causis matrimonialibus vel testamentariis. ●. Paris ●●1. lin. 5. SAnctissimo patri in Christo ac domino J. Dei providentia summo Pontifici, universitas cleri & populi per provinciam Cantuariensem constituti, devota pedum oscula beatorum; cùm Anglicana Ecclesia à tempore commendatae sibi fidei catholicae, Deo & sacrosanctae Romanae Ecclesiae matri nostrae placere studens, adheserit semper, & servierit devotè, à coeptis obs●quiis non recessura, per morum incrementa semper proficiens; Sanctitatis vestrae pedibus provoluta supplicat obnixè, quatenus in petitione pecuniae, quae diversimodè ab ea requiritur, in subventionem diversarum nationum, de mandato Sanctitatis vestrae cum gravi coertione, eidem pietas vestra parcere dignetur; importabile est namque quod mandatur, & impossibile propter rerum defectus: Licèt enim Regio nostra fructus reddat interdum ad alimenta gentis suae deputatos, aeris tamen copiam non reddit, nec redderet per tempora multa quanta requiritur his diebus. Sed & onere simili, licèt non tanto, praeteritis diebus & ob causas similes praegravata, portare nequit aliquatenus quod exigitur; ad mandatum insuper sanctitatis vestrae tempore praesenti, ad opus domini Regis nostri temporalis, (cui in necessitativus suis deesse non possumus cum honestate, nec debemus) exigitur à clero succursus; ut incursus hostiles, quos avertat Deus, propulsare possit, & patrimonii sui jura tueri, ac recuperare promptiùs occupata. Latores igitur praesentium cum supplicatione nostra, ad praesentiam Sanctitatis vestrae destinamus; ut pericula vobis exponant, & incommoda quae in promptu sequerentur ex praemissis, & quae nulla possumus ratione portare; licèt simus in omni vinculo charitatis obedientiae & devotionis, vobis obligati; Et quia communitas nostra sigillum non habet, praesentes literas Signo Communitatis civitatis Londinensis, vestrae Sanctitati mittimus consignatas. REverendissimis patribus in Christo & Dominis, Ibid. n. 20.30. Sacrosanctae Ecclesiae Romanae Ca●binalibus, devoti sui, etc. Salutem, reverentiam N. 177 debitam & honorem ad universitatem vestram, velut ad bases ecclesiam Dei fulcientes humiliter supplicantes confugimus, & obnixe deprecamur, quatenùs pressuras quibus mancipamur attendere dignantes, opem ferre velitis; ut post repetita gravamina, quae Anglicanae Ecclesiae praeteritis diebus occurrerunt respirare possit, ex hoc vobis assurgere teneamur ad debitas gratiarum actiones; à tempore namque ultimi Concilii Lateranensis, primò vicesima triennii in Subsidium Terrae Sanctae; postmodùm decima in Subsidium domini Papae; postmodùm praestationibus aliis diversimodè & ad usus diversos, de mandato Sedis Apostolicae Anglicana Ecclesia pulsata profudit voluntate prompta quae potuit habere ad manus. Regi etiam nostro ac patrono temporali, ad mandatum sedis Apostolicae, i●eratis vicibus secundùm vires suas fecit succursum, & jam per praeces vestras exigitur succursus iteratò ad opus ejusdem domini Regis, (●ui in necessitatibus suis deesse, nec potest nec debet,) ut hostium incursus repellere posset, & Regni sui jura tueri, ac recuperare promptius occupata; postremò autem, petitur ab eadem Eccl●sia diebus istis quod portare non potest, rerum penuria negante quod exigitur, ab aliis videlicet, medietas bonorum ab aliis tertia; & à reliquis vicesima omnium quae possident; pars scilicet in usus Francorum, qui nos & gentem nostram persequuntur, ad conquestum Imperii Graecorum pars in Subsidium Terrae Sanctae, quae posset ut mundus clamat, cum minori discrimine rehaberi ab hostibus, pars autem ad usus alios, quos Apostolica sedes ordinaret. Durum quidem videtur nobis & absurdum, ut aliis abundantibus de bonis & laboribus nostris; nos & nostri, ac pauperes Regionis nostrae, quibus exhibitio propinquior competit, vacui jejunmus. Hostiles etiam insidias & incursus quos Deus avertat, Rex noster & Regni militia repellere non valeret, nec p●sset pereuntibus & inopibus Subveniri, aere Regni & aerario vacuato; imo etiam & si venalia exponerentur omnia quae clerus habet, non posset apud nos inveniri pecunia quae exigitur. Sequerentur quidem infortunia multa ex praemissis; si ad ea, quod absit, cogeretur pro quibus vobis exponendis, praesentium latores nuncios nostros communes ad vestram clementiam destinamus; petentes attentè, quatenùs propter Dominum & honorem sedis Apostolicae, animum Domini Papae, & manus vestras ac consilia à grabamine tali revocare velitis; providentes si placet, ut ad gremium & obedientiam matris Ecclesiae sic revocetis errantes & dispersos, ne dispergatis, & alienos reddatis, prius in charitate & devotione collectos. Et quia communitas nostra sigillum non habet, praesentes literas signo communitatis Civitatis Londinensis vestrae Sanctitati mittimus consignatas. ●toria Paris ●atè post ●aria. HEnricus D●i gratia, etc. Rex vicecomiti tali vel tali salutem. Quòd ad pacem nostram firmiter observandam, provisum est de concilio nostro quòd vigi●iae fiant in singulis Civitatibus, burgis, & omnibus aliis villis Comitatus ●ui, à Die Ascentionis domini usque ad festum Sancti Michaelis: scilicet in singulis Civitatibus ad singulas portas, per sex homines armis munitos, & singulis burgis per duodecim hom●nes, & in singulis villis integris per sex homines vel quatuor ad minus similiter armis munitos, secundùm numerum inhabitantium. Et vigilent continuò per noctem totam ab occasu solis usque ad ortum. Ita quòd si aliquis extraneus transitum per ipsos faciat, arrestent usque mane. Et tunc si fidelis sit, dimittatur; & si suspectus sit vicecomiti liberetur; qui ipsum sine omni difficultate & dilatione recipiat, & saluò custodiat: si verò hujusmodi Extranei transitum facientes, se non permiserint arrestari, tunc praedicti vigiles hutesium levent, super eos undique, & eum insequantur cum tota villata, & vicinis villatis cum clamore & hutesi● de villa in villam, donec capiantur: Et tunc liberentur vicecomiti sicut praedictum est Ita quòd nullus occasione hujusmodi arrestationis vel captionis extraneorum, per vicecomitem vel per Ballivos suos occasionetur. Et singulae civitates, burgi & villae praemuniantur ad singulas praedictas vigilias & sectas ita diligenter faciendum, ne defectum illorum graviter punire debeamus. Provisum est etiam, quod singuli vicecomites una cum duobus militibus ad hoc specialiter assignatis, Circumeant comitatus suos de hundredo in hundredum, & Civitates, & Burgos; & convenire faciant coram eye in singulis hundredis Civitatibus, & burgis, cives, burgenses, libere tenentes, villanos, & alios aetatis quindecim annorum usque ad aetatem sexaginta annorum. Et eosdem faciant omnes jurare ad arma, secundum quantitatem terrarum, & catallorum suorum, scilicet ad quindecim libratas terrae, unam loricam, Capellum ferreum, gladium, cultellum, & equum. Ad decem libratas terrae, unum habergetum, capellum ferreum, gladium, & cultellum; Ad centum solidatas terrae, unum ●e same ● Wam● a Coat ●ted with ●ol, Cot● or ●owe. ●n Hand ●e. purpunctum, capellum ferreum, gladium, lanceam, & Cultellum. Ad quadraginta solidatas terrae, & eo amplius usque ad solidatas centum terrae; Gladium, Arcum, Sagittas & cultellum. Qui minus habent quam quadraginta solidatas terrae, jurati sint ad falces, ●e same ● Wam● a Coat ●ted with ●ol, Cot● or ●owe. ●n Hand ●e. Gisarmas, cultellos, & alia arma minuta. Ad catalla sexaginta marcarum, unam loricam, capellum ferreum, gladium, Cultellum, & equum. Ad catalla sexaginta Marcarum, unum An Iron ●ller or ●rget. haubertum, capellum ferreum, gladium & cultellum. Ad catalla viginti Marcarum, unum purpunctum, capellum ferreum, gladium, & Cultellum. Ad catalla novem Marcarum, gladium, Cultellum, Arcum, & sagittas. Ad catalla quadraginta solidatarum, & eo amplius usque ad decem Marcas; falces, gisarmas,; & alia arma minuta. Omnes enim alii qui possunt habere arcus & Sagittas extra Forestam habeant. Qui verò in foresta, habeant arcus & pilatos. In singulis civitatibus, & Burgis jura●i ad arma sint coram Majoribus Civitatis, & Prepositis, & Ballivis. Burgorum, ubi non sunt majores. In singulis verò villatis aliis, constituatur unus Constabularius vel duo, secundum numerum inhabitantium, & provisionem praedictorum. In singulis verò hundredis constituatur unus Capitalis Constabularius, ad cujus Mandatum omnes jurati ad arma de hundredis suis conveniant, & eye sint intendentes ad faciendum ea quae spectant ad conservationem pacis nostrae. Clamate etiam faciant singuli vicecomites per Civitates, & burgos & omnia Mercata ballivarum suarum, quòd nulli conveniant ad turniandum vel To fight with great Staves, Clubs, or Batoons. burdandum nec ad alias quascunque aventuras. Nec etiam aliqui incedant armati nisi specialiter fuerunt ad custodiam pacis nostrae deputati. Et si aliqui fuerunt inventi sive incedentes armati, contra hanc provisionem nostram, arrestentur & vicecomiti liberentur: Et si se non permiserint arestari, tunc Constabularii singulorum hundredorum, & villatarum, & alii quicunque sint, uthesium levent super eos undique, & cum vicinis villis, & de villa in villam ipsos insequantur, donec capiantur, & vicecomiti liberentur, sicut praedictum est. Quoties autem contigerit hutesium levari, super quoscunque perturbatores pacis nostrae, Praedones, & Malefactores in parcis vel vivariis, statim propter eos fiat hutesium, & ipsos insequantur donec capiantur, & vicecomiti liberentur, sicut de aliis praedictum est. Et omnes vicecomites, & eorum ballibi, Constabularii, jurati ad arma, cibes, burgenses, libere tenentes, & villani, talem sectam faciant propter praedictos Malefactores, ne ipsi malefactores evadant; & ne si pro eorum defectu evadant, hii in quibus defectus inventus fuerit graviter puniri debeant. Et sic per consilium nostrum puniantur, quod poena illorum aliis metum incutiat, & auferat materiam delinquendi, suspectos autem de die per quascunque arrestationes recipiant arrestatos, Vicecomites, sine dilatione & difficultate saluò custodiant; donec per legem terrae deliberentur. Et ideo tibi praecipimus, quòd sicut corpus tuum, & omnia tua diligis, una cum dilectis & fidelibus nostris Henrico filio Bernardi, Pe●ro de Goldintuna quos tibi ad hoc assignavimus, omnia praedicta sub forma praescripta cum diligentia exequaris; ne pro defectu tui & inde praedictorum H. & P. ad te & ad ipsos nos graviter capere debeamus. Teste Archiepiscopo Eboracensi apud Westmonasterium, Vigesimo die Maii, anno regni nostri scilicet Henrici filii Regis Iohannis tricesimo sexto. The Knights or Soldiers of Mat. Paris f. 877. n. 50. A. D. 1253. H. 3.37. Shropshire and parts adjoining, liked not this New Constitution of finding Arms, and Mustering, and were loath to submit to it, And as to the Restitution of what had been taken from Passengers or Travellers, as the Savoyards were used to make in their Country's, they were forced to it, by grievous punishments. So as they had hardly necessaries for themselves and Families, or wherewithal to Till their Lands. Mandatum Regis de juratis ad arma. H. de Hathelokestuna vicecomes Essexiae & Hertfordiae; Mat. Paris auctar. Additament. f. 230. n. 10. etc. Ballivis libertatum sancti Albani salutem. Mandatum domini Regis in haec verba suscepi. Henricus Dei gratia Rex, etc. Vicecomiti Essexiae & Hertfordiae Salutem. Summone per bonos Summonitores, omnes N. 178 milites & omnes libere tenentes de Comitatibus praedictis; & de qualibet Villa quatuor homines & praepositum: Et de quolibet burgo duodecim legales Burgenses, quòd sint coram dil●cto & fideli nostro Henrico de Colevilla, ad dies & loca quos tibi scire faciet, ad audiendum & faciendum praeceptum nostrum; venire etiam facias coram eo ad eosdem dies, & loca, omnes illos qui jurati sunt ad arma, & jurari debent: cum armis suis ad quae jurati sunt, & esse debent: Audituri & facturi praeceptum nostrum. Et interim diligenter inquiras, qui fecerunt ultimò scru●inium de armis, Comitatibus praedictis, & qui ultimò inde sacramentum ceperunt; & ubi rotuli de scrutin●o illo, & sacramento fuerunt. Et rotulos illos habeas coram praefato Henrico, praedictis diebus, & locis; & tu ipse tunc ibi ●●s in propria persona tua, ad exequendum ea quae idem Henricus tibi ex parte nostra praecipiet. Et si Ballivi libertatum qui re●urnum habent brevium nostrorum, istud mandatum nostrum executi non fuerint, non emittas quin libertates illas ingrediaris ad idem Mandatum exequendum. Teste meipso apud Portesmuthe Decimo octavo die Julii anno Regni nostri tricesimo septimo. Quare tibi mando, quòd Mandatum istud sub amissione libertatis Domini tui diligenter exequaris. ●m. n. 20. HEnricus Dei gratia etc. Dilecto & fideli suo Henrico de Colevilla Salutem. Sciatis quod assignavimus vos ad Exponendum miliribus, liberis hominibus, & aliis de comitatibus Cantebrugiae, Huntindoniae, Hertfordiae, & Essexiae, quos coram vobis venire praecipimus, ad dies & loca quos vicecomitibus eorundem Comitatuum scire fecerimus; articulos quos vibis mittimus sub sigillo nostro, & ad providendum quod articuli illi firmiter observentur, ad pacis nostrae conservationem. Et ad videndum quòd singuli habeant arma ad quae sunt jurati, & jurari debent. Et ad ponendum modo debito omnes quos resistentes vel rebelles, seu negligentes in praemissis invener●tis. Et id●o vobis mandamus, quod ad dies & loca quos duxeritis providenda, in comitatibus praedictis, sitis ad praedicta facienda prout magis videritis expedire. Mandamus enim singulis Vicecomitibus praedictis, quod ad dies & loca quos eis scire facietis, venire faciant coram vobis omnes milites, libere tenentes de comitatibus praedictis, de qualibet villa quatuor homines, & praepositum, & de quolibet burgo duodecim legales Burgenses: & omnes illos qui jurati sunt ad arma, & jurari debent, cum armis suis, ad quae jurati sunt & esse debent: ad audiendum & faciendum quae eis ex parte nostra praeceperitis. Et quod ipsi vicecomites in propriis personis suis, tunc sint coram nobis cum rotulis de ultimo scrutinio armorum facto, in eisdem Comitatibus, ad exequendum quae eis ex parte nostra praeceperitis. Et si ballivi libertatum qui habent returnum brevium nostrorum, mandatum nostrum in hac parte executi non fuerint, non omittatis quin libertates illas ingrediamini, ad praedictum mandatum nostrum exequendum. In cujus rei testimonium, has literas nostras fieri fecimus patentes. Teste meipso apud Portesmuthe vicesimo die Julii, anno regni nostri tricesimo septimo. ARTICULI Quod vigiliae fiant per singulas villas sicut fieri consueverunt, & per viros probos & validos. Quòd sectae de Hu●esiis fiant secundum antiquum debitum modum, ita quòd negligentes & utesium sequi nolentes, capiantur tanquam consentientes malefactoribus, & liberentur Vicecomiti. Et insuper in qualibet villa provideantur quatuor homines vel sex, secundum quantitatem villae ad utesia promptè & instanter prosequenda; & ad malefactores prosequendos si supervenerint, & necesse fuerit cum arcubus & Sagittis, & aliis levibus armis, quae debent provideri ad custum totius villae, & quae semper remaneant ad opus praedictae villae. Et super illos provideantur de quolibet hundredo duo liberi, & legales homines potentiores, qui sint superiores: & videant quod vigiliae recte fiant, & prosecutiones praedictae. Quòd nullus extraneus hospitetur, nisi de die, & de die clara discedat. Quod nullus extraneus receptetur in villis campestribus, ultra unum diem, vel duos ad plus, extra tempus messium, nisi hospes pro eo velit respondere. Quod si aliquis malefactor, vel aliquis de quo mala suspitio habeatur, capiatur per vigilatores, vel alios domini Regis fideles; vicecomes vel ballivus de hundredo, ipsum sine dilatione vel mercede aliqua recipiet. Quòd praecipiatur Majori & Ballivis singularum Civitatum, & Burgorum, quod si aliquis Mercator vel Extranous deferens pecuniam, & illam eis ostendat & conductum petat, quòd faciant ei conductum per malos passus, & loca ambigua quòd si aliquid amiserit, pro defectu conductus vel in eorum conductu, de villata burgi illius, vel civitatis, ei restituatur. NOs Bonifacius divina miseratione Cantuariensis Archiepiscopus, Mat. Pari● f. 866. n. 40, 50, etc. totius Angliae primas, F. London, H. Eliensis, R. Lincolniensis, W. Wigorniensis, W. Norwicensis, P. Herefordiensis, W. Sarisberiensis, N. 179 W. Dunelmensis, R. Exoniensis, S. Carleolensis, W. Bathoniensis, L. Roffensis, T. Menevensis Episcopi, Pontificalibus induti, candelis accensis, in transgressores liberta●um ecclesiasticarum, & libertatum, seu liberarum consuetudinum Regni Angliae, & praecipuè earum quae continentur in Charta libertatum Regni Angliae, & charta de foresta, excommunicationis sententiam solenniter tulimus sub hac forma. Auctoritate Dei omnipotentis, & filii, & Spiritus Sancti, & gloriosae Dei genetricis semperqùe Virginis Mariae, & beatorum Apostolorum Petri & Pauli, omniumqùe Apostolorum, & Beati Thomae Archiepiscopi & Martyris, omniumqùe Martyrum, beati Edvardi Regis Angliae, omniumqùe confessorum atqùe Virginum omniumqùe Sanctorum Dei, excommunicamus, anathematizamus, & à limine Sanctae Matris ecclesiae sequestramus, omnes illos qui amodò scienter & malic●osè ecclesias privaverint vel spoliaverint suo jure. Item omnes illos qui ecclesiasticas libertates, vel antiquas Regni consuetudines probatas, & praecipuè libertates, & liberas consuetudines, quae in Chartis communium libertatum Angliae, & de foresta continentur, concessis à domino Rege, Angliae Archiepiscopis, Episcopis, & caeteris Angliae Praelatis, Comitibus, Baronibus, Militibus, & libere tenentibus, qualicunqùe arte vel ingenio temerè violaverint, diminuerint, seu immutaverint, clam vel palàm, facto, verbo, vel consilio contra illas vel earum aliquam, in quocunqùe articulo temerè veniendo. Item, in illos, qui contra illas, vel earum aliquam, statuta aliqua ediderint vel edita servaverint, consuetudines introduxerint, vel servaverint introductas, Scriptores statutorum, nec non consiliarios & executores, & qui secundum ea praesumpserint judicare. Qui omnes & singuli superius memorati, hanc sententiam incursuros se noverint ipso facto, qui scienter aliquid commiserint de praedictis, qui verò ignoranter, nisi commoniti, infra quindenam à tempore commonitionis se correxerint, & arbitrio ordinariorum plenius satisfecerint de commissis, ex tunc sint hac sententia involuti. Eadem etiam sententia innodamus omnes illos, qui pacem Regis & Regni praesumpserint perturbare. In cujus memoriam sempiternam nos figilla nostra praesentibus duximus apponenda. ● 37. H. 3. ●3. Dor. NOverint universi quod Dominus Henricus Rex Angliae illustris Rogerus Comes Norfolciensis & Mareschallus Angliae H. Comes H●reford & Essex J. Comes de Warrwic, Petrus de Sabaudia, ceterique Magnates Angliae consenserunt in sententiam excommunicationis generaliter latam apud Westmonasterium decimo tertio die Maii anno Regni Regis praedicti tricesimo septimo in hac forma, Scilicet quod vinculo praefate Sententiae ligentur omnes venientes contra libertates contentas in cartis communium Libertatum Angliae, & de Foresta, & omnes qui libertates Ecclesiae Anglicanae temporibus Domini Regis & praedecessorum suorum Regum Angliae optentas & usitatas scienter & maliciose violaverint aut infringere praesumpserint, & omnes illi qui pacem Domini Regis, & Regn● perturbaverint & similiter omnes qui jura & liberta●es Regis & Regni diminuere, infringere, seu immutare praesumpserint & quod omnes venientes contra praemissa vel eorum aliqua ignoranter, & Legitime moniti infra quindenam post monitionem premissam dictam transgressionem non emendaverint extunc praedictae sententiae excommunicationis subjacebunt. Ita tamen quod Dominus Rex transgressionem illam per Considerationem Curiae suae faciat emendari, sciendum aut●m quod si inscripturis super eadem sententia à quibuscunque confectis seu conficiendis aliud vel aliter appositum vel adjectum fuerit, aut articuli aliqui alii in eis contenti inveniantur, Dominus Rex & praedicti Magnates, & communitas populi protestantur publice in praesentia venerabilium patrum Bonifacii dei gratia Cantuariensis Archiepiscopi totius Angliae primatis, nec non & Episcoporum omnium in eodem colloquio existentium, quod in ea nunquam consenserunt nec consentiunt sed de plano eis contradicunt; preterea praefatus Dominus Rex in prolatione praefatae sententiae, omnes libertates & consuetudines Regni antiquas & usitatas, & dignitates & jura Coronae suae ore proprio specialiter sibi & Regno suo Salvavit & excepit. In cujus rei memoriam & in posterum veritatis testimonium, tam Dominus Rex, quam praedicti Comites ad instantiam aliorum Magnatum, & populi praesenti scripto sigilla sua appofuerunt. ALexander Episcopus Servus Servorum Dei, Mat. Paris f. 914. n. 30, ●0 Episcopo Herefordensi, etc. cùm te sciamus pro utilitatibus Abbatis, & Conventus N. 181 Sancti, _____ ac Monasterii Sancti _____ pro quibus ad sedem Apostolicam accessisti, magna oportere subire gravamina expensarum, ne pro defectu ipsarum eadem inexpedita remanere contingat; fraternitati tuae contrahendi mutuum propter hoc, usqùe ad summam quingentarum, vel sexcentarum, vel septingentarum, vel ampliùs Marcarum sterlingorum, nomine dictorum Abbatis, & Conventus, & Monasterii, & ipsos Abbatem & Conventum, ac successores eorundem, & ejusdem Monasterii bona creditoribus obligandi, ac renunciandi constitutioni de duabus diebus editae in Consilio generali, & beneficio restitutionis in integrum, & omnibus literis, indulgentiis Apostolicis, impetratis & impetrandis, nec non & conventioni judicum, si ipsorum creditorum nomine Apostolicas literas super hoc cujuscunqùe tenoris in posterum impetrari contigerit, plenam autoritate praesentium concedimus facultatem ita tamen quòd ipsi & successores eorum creditoribus hujusmodi pecuniam solvere, nec non ad damna & expensas ac interesse, si à termino à te statuendo pecuniam eandem non solverunt, super quibus juramento ipsorum vel eorum alicujus, sine aliqua probatione, qui dictam pecuniam mutuaverint credi volumus, teneantur, & dictis creditoribus praetextu alicujus constitutionis canonicae, vel civilis, aut cujuscunqùe privilegii, vel indulgentiae, de quibus in nostris literis plenam & expressam oportet fieri mentionem, & ne ipsi & Successores eorum, ampliùs in aliquo valeant se tueri dictam pecuniam in utilitatem ipsorum Abbatis, & Conventus, & Monasterii versam esse, probandi necessitas non incumbat. Data, etc. ALexander Episcopus servus servorum Dei, Annal. Monaster. Bur●n. f. 349. venerabili fratri Archiepiscopo Cantuariensi, & dilecto filio Magistro Rostando Subdiacono, & Capellano nostro salutem. Volumus & praesentium auctoritate N. 182 mandamus, quatenus vos vel alter vestrum, redemtiones virorum cruce signatorum qui per deputatos ad hoc praesentium facultatem, & legata indistinctè, nec non & obventiones ex quacumque causa prodeuntes, subsidio terrae Sanctae in Regno Angliae & aliis terris carrissimi in Christo filii Nostri illustris Regis Angliae, per vos vel per alios integre colligere, ipsaque in tutis locis deponere, ac eisdem postmodum Regi ut votum crucis exequi valeat efficacius integre assignare curetis; contradictores per censuram Ecclesiasticam, appellatione postposita compescendo,, non obstante, si personis aliquibus à sede Apostolica sit indultum, quod interdici, suspendi, vel excommunicari non possint per literas Apostolicas, plenam & expressam aut de verbo ad verbum non facientes de indulto hujusmodi mentionem, & constitutione de duabus dietis in concilio generali. Data Neapoli 29th of April tertio Kalendarum Maii, Pontificatus nostri anno primo. Ibidem. Rus●and could not be at leisure to execute the Pope's Commands himself in all places (and the Archbishop was beyond Sea) Therefore he committed the Execution of them to Alexander Canon of Hereford, and William de Ros Rector of the Church of Dodelesebury, or to either of them in the Cities and Dioceses of Worcester, Hereford, and Coventry. ● m. f. 350. ALexander Episcopus servus, etc. Venerabili fratri Archiepiscopo N. 183 Cantuariensi, & dilecto filio magistro Rostando capellano nostro salutem. Volumus & praesentium auctoritate mandamus, & quatenus vos vel alter vestrum omnem pecuniam in Regno Angliae, & aliis terris carissimi filii nostri illustris Regis Angliae, ex quacumque causa terrae sanctae deputatam, etiamsi ad hoc deputata fuerit priusquam idem Rex signum Crucis sumeret, ad quorumcumque manus devenerit, detentores illius ad exhibendam eam vobis ammonitione praemissa per censuram Ecclesiasticam appellatione postposita compellendo, integre recipere ac eidem Regi pro executione negotii Regni Siciliae assignare curetis; contravictores autem, si qui fuerint & rebelles, censura simili compescatis, non obstante si personis aliquibus, à sede Apostolica sit indultum quod interdici, etc. Data Neapoli, Idibus ●ay 15. Maii, Pontificatus nostri anno primo, cum igitur executioni praefati mandati ad praesens intendere non possumus, dilectis nostris Magistro Alexandro & Willielmo de Ros, etc. ut supra. Districte praecipientes, etc. in cujus rei testimonium, etc. ●em f. 352. VIris venerabilibus & discretis, Archidiaconis Coventrensi, Cestrensi, N. 184 Derbeiensi, Staffordensi, & eorum Officialibus, ac Decanis universis per dictos Archidiaconatus constitutis, Willielmus de Ros gerens vices Magistri Rostandi domini Papae Subdiaconi, & Capellani, Executoris Negotii Crucis, Salutem. Auctoritate dicti Magistri Rostandi cujus Mandata officiali venerabilis patris Episcopi Coventrensis & Lichfeldensis mittimus inspicienda, & vobis sub sigillo suo publ●cando, vobis & singulis vestrum mandamus, in virtute obedientiae qua sedi Romanae tenemini, & sub poena excommunicationis secundum quod in mandati ejusdem continetur, firmiter injungimus, quatenus singuli vestrum in sua jurisdictione justas aestimationes omnium Ecclesiarum & Capellarum exemtarum, & non exemtarum, & omnium proventuum Ecclesiasticorum, quocumque nomine censeantur, secundum quod ad firmam poni solebant, vel poni possint communibus annis, nullo deducto praeter expensas necessarias circa fructus colligendos factas, receptis super hoc sacramentis quatuor fide dignorum, de quolibet Decanatu, nobis sub sigillis vestris, & dictorum quatuor juratorum, scriptas secundum ordinem distincte nomina & loca, & justum valorem singularum possessionum dilucide designando, praesentetis die Jovis proxima post Epiphaniam Domini in majori Ecclesia L●chfeldensi de Archidiaconatu Cestriae, die veneris sequente de Archidiaconatu Coventrensi & Staffordensi, Die Sabbati sequente de Archidiaconatu Derbeiensi & de Decanatu Lichfeldensi. De pensionibus vero & redditibus, & decimis seperatis quibuscumque, Baroniis, Maneriis, & proventibus Ecclesiasticis omnimodis ad Ecclesias vel Ecclesiasticas personas, Religiosas vel seculares quocumque modo spectantibus, haec eadem faciatis sub poena praedicta, ita quod de justo, fideli, & legitimo valore singularum possessionum distincte nobis constare poterit, & ne vos de perjurio, quod absit, redargui possitis. Citetis etiam peremtorie vel citari faciatis, omnes viros, videlicet de qualibet congregatione duos vel tres, speciale mandatum habentes ad jurandum in animas omnium de ipso conventu, super fideli, legitima, & justa aestimatione facta omnium possessionum suarum temporalium, & Spiritualium, & vos una cum quatuor Juratis à Rectoribus, Vicariis, & à quibuscumque aliis Ecclesiarum Pralatis, consimile recipiatis sacramentum super justo valore omnium bonorum Ecclesiasticorum annuatim. Item citetis peremtorie vel citari faciatis omnes collectores in singulis decanatibus existentes, tam decimae domino Regi concessae, quam etiam pecuniae in terram sanctam ex quacumque causa deputatae, & alterius eujuslibet negotium crucis quocumque modo contingentis, quod dilectis die & loco coram nobis cum tota praefata pecunia, vel saltem cum ipso quam pene● se habent, et quam interim adquirere poterint, cum rationibus et munimentis, et aliis quibuscumque quae super hoc habent, ut de ipsorum consilio provideamus et ordinemus ubi melius et competentius deponi possit dicta pecunia, et quid de aliis fieri debeat secundum mandata nobis super his directa. Tantum super his facientes, ut exinde crescatis apud Deum meritis, et penes ecclesiam Romanam et Dominum Regem gratia & apud homines clara fama. Injungentes taxatoribus Ecclesiarum et Ecclesiasticorum proventuum, quod ita sibi prospician● et se gera●t in hac parte, ne possint de perjurio seu falsitate, quod absit, redargui, nec etiam poenam perjurii formidare, et ne oporteat vos et illos exploratores aliquos nobis Vigilanti studio super his insidiantes ulterius pertimescere. Item poecuniam terrae sanctae ex quacumque causa deputatam, etiamsi ad hoc deputata fuerit priusquam domin●s noster illustris Rex Angliae signum Crucis assumeret, nulli alii quam nobis assignetis, nisi etiam de speciali mandato Magistri Rostandi supradicti. Et quid super his feceritis, nobis, ad dictos dies et loca per literas vestras petentes harum ●●riem continentes rescribatis. Formam etiam quam sequi debent Decani et Jurati de quolibet Decanatu, una cum praesenti mandato vobis transmittimus. Si quid ultra elici possit quam hic teneatur, quam diligenter et efficaciter exequantur; Scituri quod dura et diligens super, et praecipue super taxatoribus, fiet inquisitio, et per tales quorum modum timemus, et qui potestatem habebunt puniendi perjuros secundum formam Canonum. Valete. Datum Londoniis anno Domini 1255. SAnctissimo in Christo patri, Claus. 40 H. 3. M. 13. Dor. John de Diva or Dya was a Friar Minor and came by the Pope's order to Reform England. Par. f. 928. n. 50. etc. nuper per religiosum virum fratem johannem de Oya, poenitentiarlum et Capellanum vestrum sanctitati vestrae scripsimus, nos tractare super Cap●taned transmittendo, cum pecunia et militia competenti. Caeterum clementiae vestrae adhuc significare studemus, quod super praemissis vigilantiam et solicitudinem adhibemus. Caeterum Proceres et Majores Consilii nostri super casu qui post gratiam nobis factam de Regno Siciliae contigit, per Mat. Paris tells how this Marquis betrayed the Pope's Army when Manfred totally defeated it at Nocera, f. 906.10, 20, 30, 40. proditionem Marchionis de Herebroke, mirabiliter, stupefacti ●ix negotium audent assumere in hoc statu, praesertim cum inter caeteras conditiones, in privilegio v●stro contentas illa contineatur expresse: quod non eamus vel mittamus donec vobis et Ecclesiae Romanae de 135 millibus, D. marcarum et xli. Marcarum plene fuerit satisfactum, unde cum occasione negotii supradicti Mercatoribus Senensibus et Florentinis in nonnullis pecuniarum summis quas Venerabilis Pater O Sanctae Mariae inviolatae Diac. Card. Apostolicae sedis Legatus, de manu Herefordensis Episcopi, Procuratoris, et Nuncii nostri recepit, simus sub poenis gravissimis N. 185 obligati, quas incessanter solvi facimus juxta vestri tenorem mandati, super ordinatione Capitanei destinandi nondum potuimus complere tractatum cujus consummatio non modicum desiderat pecuniae interventum, nec enim credimus quod hodie Princeps aliquis regnat in terris, qui ita subito tantam pecuniam possit habere ad manum: dicunt ergo illi apud quos laboramus ut vadent, frustra illuc ibimus, in vanum istud negotium assumemus quousque praenominata summa plene fuerit persoluta. Ecce quod huic negotio celeriter succurrere cupientes juxta verum beneplacitum & mandatum, hinc vero praetactum periculum formidantes, cujusdam perplexitatis laqueis intricamur, inter grandes et graves angustias constituti: veruntamen ad Apostolicae clementiae benevolentiam considerationis oculum retorquentes, magis Elegimus vestrae pietatis providentiae nos & nostra exponere liberaliter & libenter, quam in tanto periculo negotium deserere indefensum, sperantes vos nolle beneficiis vestris nos decipi, sed jubari: hinc est clementissime Pater, quod licet inspecto statu negotii per aliquorum injuriam et nequitiam, sine culpa nostra non modicum deformatae conditiones sub quibus Regnum Siciliae, est nato nostro concessum, non solum difficiles sed fore impossibiles ab aliquibus censeantur, volentes tamen in sinceritate cordis, & favoris promptitudine accingi ad obsequium Jesu Christi, de sedis Apostolicae benignitate confisi, quae non consuevit irritum facere, quod semel ratum esse decreverit; juxta formam ordinationis vestrae, negotium, et omnia quae ipsum contingunt, complevimus per venerabilem Patrem Bononiensem Episcopum, quem ad hoc specialiter destinastis, pribilegia nostra, et filiorum nostrorum sub sigillo nostro et Bulla aurea transmittentes, circa Capitaneum destinandum cum militia competenti jugiter insistendo: Vnde Sanctitati vestrae humiliter supplicamus, quatenus attendatis quam multipliciter sumus gravati, nisi pietatis vestrae dectra nos sublevare dignetur. Nam sicut scitis, occasione istius 〈…〉 VEnerabili patri R. Sancti Angeli Diacono Cardinali, Claus. 40. H. 3. M 13. Dor. etc. Sinceritatis vestrae promptitudo quam clara probant operum testimonia in N. 186 nostris negotiis promovendis, nos sollicitant & invitant, ut in agendis nostris ad vestrae discretionis prudentiam recurramus per quam in hiis quae nobis incumbunt, consilium & auxilium confidenter habere speramus. Ea propter Paternitati vestrae tenore praesentium volumus fieri manifestum. Quod super negotio Regni Siciliae nuper in adventu venerabilis Patris Bononiensis Episcopi, ad nos propter hoc destinati, cum Proceribus & Majoribus totius Regni nostri tractatum habuimus diligentem. Qui conditiones sub quibus ipsum Regnum Edmund filio nostro & suis haeredibus est concessum, gravissimas reputabant illas, potissime per quas infra festum Sancti M●chaelis proximo venturum ire teneremur, vel mittere Capitaneum cum militia competenti, & 135 millia Marcarum; 540 & unam, propter damna & interesse nihilominus solvere infra eundem terminum, Subpaena anullationis totius negotii, novis insuper remanentibus, excommunicatis, & ●oto Regno nostro supposito Ecclesiastico interdicto, has utique conditiones & poenam durissimas judicabant, eum praeter dictam summam, sicut Nuncli nostri referent, ad aliam summam non modicam teneamur, quis enim princeps infra tam breve temporis spacium cum pecunia, quam eundo vel mittendo noster desiderat apparatus, posset ita repentè habere ad manum tam immensas pecuniae quantitates: Formidantes igitur pericula quae incumbant nobis dissuadebant omnino, ut nequaquam subjiceremus tanto discrimini statum nostrum. Nos vero sperantes in illo qui est in se sperantium fortitudo, dictum negotium per procuratores & nuncios inceptum, & quantum in se fuerat consummatum, confisi, quod sedes Apostolica nullum opprimit, sed potius oppressos relevare intendit, ad plenum comple●imus sicut per privilegia nostra, & filiorum nostrorum quae 〈…〉 fidelem executorem officii sibi injuncti Canonice moniti, decimam proventnum suorum, sine qua quod intendimus perficere non valemus, hactenus reddere recusarunt; sed nunc speramus, quod obedient vestris in hac parte mandatis, sicut eidem Magistro Rustando firmiter promiserunt: hinc; est igitur, quod inter hujusmodi angustias constituti, ad vestrae circumspectionis prudentiam recurrimus confidenter, rogantes vestram mansuetudinem ut si ita cito Capitaneum non mittimus sicut necessitas exposcit negotii, nos excusatos habentes, apud Dominum Papam & fratres super hoc excusare velitis. Scientes quod quilibet in hoc statu timet hoc negotium assumere illa potissima ratione quia inter caeteras conditiones illa habetur expressè, quod non eamus, nec mittamus aliquem donec de totali summa praedicta Domino Papae & Ecclesiae plene fuerit satisfactum; nec de isto impedimento Dominus Papa cum nobis nuper mandavit, ut statim deberemus mittere, fecit aliquam mentionem; nec tamen propter hoc omittimus quin super mittendo, sollicite laboremus, & vos de quo plene confidimus dignemini laborare, ut illa conditio quae quasi inclinationem negotii continere videtur in melius reformetur, ad hoc igitur laborantes fideliter nobis per latorem praesentium quem super hoc & quibusdam aliis ad vos specialiter duximus destinandam celeriter rescribatis vestrae beneplacitum voluntatis. Scituri quod promotio filiorum nostrorum est vestrorum exaltatio amicorum. Teste, etc. Eodem modo scribitur Venerabili Patri J. Dei gratia Titulo sancti Laurentii in Lucina Presbytero Cardinali. Eodem modo Venerabili Patri Domino Hugoni Titulo Sanctae Sabinae presbytero Cardinali. Eodem modo Domino Willielmo Sancti Eustachii Diacono Cardinali. Eodem modo Magistro Jordano Domini Papae Notario. Eodem modo scribitur Venerabili Patri Ottobono Sancti Andreae Diacono Cardinali. ●us. 40. H. 3. 13. Dor. REx Willielmo Bonquer, salutem, de circumspectionis vestrae prudentia N. 187 confidentes magna & ardua negotia vobis duximus committenda sperantes ut per vestrae discretionis industriam nostra intentio, foelicem sortiatur eventum, ea propter fidelitati vestrae significamus, quod nostrae intentionis existit & voti, ut talis in Regem Alemaniae Eligatur qui Ecclesiae Romanae devotus & nobis dilectus existat, & maximè cum Gallici, sicut nostis in praejudicium nostri ad hoc aspirent, qui si, quod absit, assequantur quod optant, negotium Regni Siciliae, quod ex corde prosequimur, ut tenemur, gravem possit incurrere laesionem, unde huic periculo obviare volentes, Domino Papae duximus supplicandum, quod unum de tribus Cardinalibus scilicet Dominum J. Titulo Sancti Laurentii in Lucina Presbyterum Cardinal. vel Dominum Hugonem Titulo Sanctae Sabinae Praesbyterum Cardinal. aut Dominum Ottobenum Sancti Andreae Diacon. Cardinalem in Aleman. destinare dignetur ut per illius providentiam quem mittet, istud negotium feliciter ordinetur. Ad haec vestra sciat discretio, quod cum teneamur Ecclesiae Romanae infra festum Sancti Michaelis proximo venturum solvere 135 millia Marcarum, quingentas & unam, & nihilominus illuc ire infra eundem terminum, vel mittere Capitaneum cum Militia Competenti juxta tanti negotii qualitatem, & propter casum qui de novo accidit legato in Regno Apul. & propter etiam captionem Com. Sabaud. infra tam brevem terminum neutrum complere possumus, Domino Papae supplicamus humiliter & devotè quatenus dilectum nostrum Magistrum Iordanum Notarium suum, super prorogandis hujusmodi terminis ad nos mittat, & super hoc cum summa solicitudine laboretis, exponentes Domino Papae & fratribus qualiter infra festum beati Johannis Baptistae proximo venturum occasione istius negotii Octoginta millia Marcarum fere solventur si quadraginta millia Marcarum, & unam mercatoribus Sen Item MCC Sociis pillati pro quibus omnibus est decima obligata. Item fere 30 millia Mercatoribus qui habent Monasteria obligata, praeter damna & expensas quae bene ascendunt ad quinque millia Marcarum & ultra Propter quod eis probabiliter suadere potestis, ut pro residuo satis possunt & debent terminos prorogare, maxime cum interim nihilominus totis viribus studeamus, ut dicto negotio tam in pecunia quam militia celeriter succurramus, vel tractetis cum Domino Papa ut super decima nobis concessa Mercatores mutuent pecuniam, cum qua possit memoratum negotium sustentari; nam isto Anno, per Dei gratiam & industriam Magistri Rustandi erit ab obligationibus Mercatorum Senen. penitus liberata. REx omnibus etc. Pat. 42. H. 3. M. 10. Cum pro negotiis nostris arduis nos & regnum nostrum contingentibus proceres & fideles regni nostri ad nos London in Note, Quindena Paschae was and is Sunday fortnight after Easter-day, which was the Sunday before Hock-Tuesday, so that this Parliament did not meet after, but two days before that Tuesday. Quindena Paschae proxima praeterita faceremus convocari & cum de N. 188 negotiis supradictis & maxime de prosecutione negotii Siciliae diligenter cum eisdem tractaremus ac ipsi nobis responderint quod si statum regni nostri per consilium fidelium nostrorum ratificandum duxerimus & Dominus Papa conditiones circa factum Siciliae appositas melioraverit, per quod negotium illud prosequi possemus cum effectu, ipsi diligentiam fideliter apponent erga communitatem regni nostri quod nobis commune auxilium ad hoc prestetur nos eis concessimus quod infra Festum Natalis Domini proximum futurum per consilium Proborum & fidelium hominum nostrorum regni Angliae, una cum consilio Legati Domini Papae si in Angliam medio tempore venerit statum regni nostri ordinabimus & ordinationem illam firmiter observabimus & ad hoc fideliter observandum supponimus nos cohercioni Domini Papae ut nos ad hoc per censuram Ecclesiasticam prout expedire viderit valeat artare, protestamur etiam quod Edwardus filius noster primogenitus prestito sacramento corporali per literas suas concessit quod omnia superius expressa quantum in ipso est fideliter & inviolabiliter observabit & in perpetuum observari procurabit, In cujus etc. hiis Testibus Edwardo filio nostro primogenito Galfrido de Lezignan Willielmo de Valentia fratribus nostris Petro de Sabaudia johanne de Plessetis Comite Warwick johanne Maunsell Thesaurario Eborum Henrico de Wingham Decano Sancti Martini London Petro de Rival Guidone de Rocheford Roberto Walerand presentibus & multis aliis Comitibus Baronibus regni nostri Dat. apud Westmonasterium secundo die Maii. 〈◊〉 H. 3. REx omnibus etc. Noveritis nos concessisse Proceribus & Magnatibus N. 189 regni nostri juramento in animam meam per Roberium Walerand prestito quod per duodecim fideles de consilio nostro jam electos & per alios duodecim homines fideles nostros electos ex parte Procerum ipsorum qui apud Oxonium à festo Pentecostes proximo futuro in unum mensem convenient ordinetur rectificetur & reformetur status regni nostri secundum quod melius viderint expedire ad honorem dei & ad fidem nostram ac regni nostri utilitatem & si forte aliqui Electorum ex parte nostra absentes fuerint liceat illis qui presentes fuerint alios substituere loco absentium & similiter fiat ex parte praedictorum Procerum & fidelium nostrorum & quicquid per 24 utrimque Electos & super hoc juratos vel majorem partem eorum circa hoc ordinatum fuerit inviolabiliter observabimus. Volentes & firmiter ex nunc precipientes quod ab omnibus inviolabiliter observatur eorum ordinatio & securitatem omnimodam quam ipsi vel major pars eorum ad hujus rei observationem providerint vel providerit eis sine qualibet contradictione plene faciemus & fieri procurabimus protestamur etiam quod Edwardus filius noster primogenitus prestito sacramento corporali per literas suas concessit quod omnia superius expressa & concessa quantum in ipso est fideliter & inviolabiliter observabit & in perpetuum observari procurabit, promiserunt etiam nobis Comites & Barones memorati quod expletis negotiis superius tactis bona fide laborabunt ad hoc quod auxilium nobis commune prestetur à communitate regni nostri. In cujus etc. hiis Testibus ut supra Dat. 2ᵒ die Maii. ●2. H. 3. ●ermes. HEnr. par le grace Deu Roi Dengleterre etc. a touse ceus etc. Sachiez qe pur le profit de nostre Reaume e a la requeste de nos hauz N. 190 homes e Prodes homes e du comun de nostre Reaume etreyames qe vinte quatre de nos homes eusent poer qe qe tout ce qil ordeneraient del estat de nostre Reaume fust ferm e estable e ce feimes jurrer en nostre alme e donames de ce nos lettres overtes Et ce meesmes jurra Eadward nostre fieuz einzne e de ce dona ses lettres overtes Les queus vintè quatrè-desus nomez eslurent quatre as quells quatre il donerent l'our poer de eslire nostre consiel des prodes homes de nostre terre Le quel conseil nos a vuns promis & promettuns craire e al adrescement e al amendement de toutes les besoignes qe a partiegnent a nos e a nostre Reaume & nos voluns qe lavant dit conseil on la greinure partie puissent eslire prode home ou prodeshomes qe saient en lieu de celi o●ude ceus qui defrauderunt Et nos averun ferm e estable quanque lavant dit conseil ou la greinure partie fera E commandum fermement qe touz nos feaus e nos homes ausi laient e saient tenuz ferment garder touz les establissemenz les queus ils ferant al honur de deu e nostre foi e au profit de nostre Reaume Et en tesmoignance de ceste chose nos avuns fet mettre nostre seel a ceste presente lettre Ceste chose fu fete a Lundr' landemaigne prochein apres la gaule haut lan de nostre corounement quarante secund. Ceste lettre est double e livere al Cunte le Marescal par le Roi e sun Conseil. La form del Serment kele Gardeins des Chasteus D'engleterre Suzescriz denient faire. IL juirunt sur Saintes Ewangilles ke eus les Chasteus le Rei leaument & en bone fei garderunt al oes le Rei & a ses eirs & k● eus les rendrunt N. 191 al Roy ou a ses eirs & a nul autre & ce par sun conseil & en nule autre manere, Pat. 42. H. 3. M. 6. cest a saveir par prudes humes de la terre esleuz a sun conseil ou par la greinure partie; & ceste furme desus escrite durra drekes a duzze auns & dilenkes en auaunt par cest establissem●nt & ce Serment ne seent constreint ke franchement nel puissent rendre al Rey ou a ses eirs Rei D'engleterre. Rex omnibus ad quos praesentes Litere pervenerint Salutem Sciatis quod de Consilio Magnatum nostrorum commissimus Dilecto & fideli nostro Ricardo de Grey castrum nostrum Dovorr. cum pertinentiis custodiendum in forma per Nos & ipsos Magnates provisa. In cujus, etc. Teste Rege apud Oxonium vicesimo secundo die Junii. Et Mandatum est Nicholas de Mel, quod dictum castrum cum pertinentiis eidem Ricardo liberet custodiendum sicut praedictum est, unà cum instauro & armaturis ejusdem castri per Chirographum inter ipsum Nicholaum, & Richardum praedictum. In cujus etc. Teste ut supra. Eodem modo commissum est Castrum Northampton cum pertinentiis Radulpho Basset de Sabecot custodiendum in formâ praedicta. In cujus etc. Teste ut supra. Et Mandatum est Hugoni de Manby quod Castrum illud ei liberet una cum Instauro, etc. ut supra. Eodem modo commissum est Stephano Lungespeye Castrum de Corf. cum pertinentiis custodiendum in formâ praedictâ. Et Mandatum est Elye de Rabayne quod Castrum illud ei liberet una cum Instauro etc. ut supra. Eodem modo comm●ssum est Gilberto de Gaunt Castrum de Scardeburgh cum pertinentiis custodiendum in forma praedicta. Et Mandatum est Roberto de Nevil quod Castrum illud ei liberet una cum Instauro etc. ut supra. Eodem modo commissum est Willielmo Bardolph Castrum de Nottingham cum pertinentiis custodiendum in forma praedicta. Et Mandatum est Willielmo de Grey quod Castrum illud ei liberet una cum Instauro etc. ut supra. Eodem modo commissum est johanni de Grey Castrum de Hereford cum pertinentiis custodiendum in forma praedicta. Et Mandatum est Henrico de Penebrig quod Castrum illud ei liberet una cum Instauro etc. ut supra. Eodem modo commissum est Henrico de Tracy Castrum Exon cum pertinentiis custodiendum in forma praedicta. Et Mandatum est Roberto de Paytenin quod Castrum illud ei liberet una cum Instauro etc. ut supra. Eodem modo commissum est Roberto Waler & Castrum Sarrum cum pertinentiis custodiendum in forma praedicta. Et Mandatum est Johanni de Vernun quod Castrum illud ei liberet una cum Instauro etc. ut supra. Eodem modo commissa est Hugoni le Bigod Justitiario Turris London, cum pertinentiis custodiendum in forma praedicta. Et Mandatum est Imberto Pugeis quod Turrim illam ei liberet una cum Instauro etc. ut supra. Eodem modo commissum est Ricardo de la Rokele Castrum de Hadlegh cum pertinentiis custodiendum in forma praedicta. Et Mandatum est Ebuloni de Geneur quod Castrum illud ei liberet una cum Instauro etc. ut supra. Eodem modo commissum est Willielmo de Clar. Castrum Winton cum pertinentiis custodiendum in forma praedicta. Et Mandatum est Jacobo le Sauuage quod Castrum illud ei liberet una cum Instauro etc. ut supra. postea obiit idem Willielmus, & die dominica post festum Beati Petri ad vincula, venit ex parte ejusdem Willielmi Johannes Extraneus junior coram Rege, & Consilio suo, & reddidit ei Castrum praedictum Winton; Et Rex eo die de Consilio suo commisit idem Castrum cum pertinentiis Simoni de Montefforti Comiti Leycestriae custodiendum in forma praedicta. Et Mandatum est Thome de Don Constabulario ejusdem Castri, quod cidem Comiti Castrum illud liberet custodiendum sicut praedictum est. Eodem modo commissi sunt Ricardo de Grey Quinque Portus Regis cum pertinentiis custodiendi, in forma per Regem & Magnates praedictos provisa. In cujus etc. Teste Rege apud Oxon. vicesimo tertio die Junii. Et Mandatum est Nicholas de Molis quod praedictos quinque Portus ei liberet custodiendos sicut praedictum est. Et Mandatum est Baronibus & probis Hominibus Regis de Sandvico, Hetha, Dovor, Hasting, & Romenal quod eidem Ricardo tanquam Custodi Quinque Portuum praedictorum in omnibus quae ad custodiam illam pertinent, intendentes sint & Respondentes sicut praedictum est. In cujus etc. Teste ut supra. Eodem modo commissum est Roger● de Saundford Castrum de Porcestre cum pertinentiis custodiendum in forma per Regem et Magnates provisa. Teste ut supra. Et mandatum est Willielmo de Trublevill quod Castrum illud ei liberet una cum Instauro, etc. ut supra. Eodem modo commissum est Perro de Montefforti Castrum de Bruges cum pertinentiis custodiendum in forma per Regem & Magnates provisa. In cujus etc. Teste ut supra. Eodem modo commissum est johanni filio Bernardi Castrum Oxon. cum pertinentiis custodiendum in forma praedicta. In cujus. Teste ut supra. Et Mandatum est Magistro Waltero Giffard quod Castrum illud ei liberet una cum Instauro etc. ut supra. Teste Rege apud Oxon. vicesimo septimo die Junii. Eodem modo commissum est Stephano Lungespeye Castrum de Shyreburne cum pertinentiis custodiendum in forma praedicta. In cujus etc. Teste Rege apud Winton undecimo die Julii. Et Mandatum est Waltero de Bruges quod Castrum illud cum pertinentiis ei liberet una cum Instauro, etc. ut supra. Teste ut supra. REx Richardo Comiti Gloucestrie et Hertfordiae Salutem Cum nuper Pat. 42. H. 3. M. 6. concesserimus Proceribus & Magnatibus regni nostri juramento firmato in animam nostram quod per duodecim fideles de consilio N 192 jam electos de quibus vos estis unus et per alios duodecim fideles nostros electos ex parte ipsorum Procerum fiat reformatio et ordinatio status regni nostri ad honorem dei Fides nostra, was the Faith and All g●ance which the Barons swore to the King when they did Homage, or at other times. fidem nostram & ut●l●ratem regni nostri secundum quod melius viderint expedire Et nih●lominus promiserimus praedictis Proceribus & Magnatibus nostris quod reformationem et ordinationem per praedictos 24 faciendum ratam hibebimus & firmam & ipsam faciemus teneri et inviolabiliter observari vobis mandamus in side et dilectione quibus nobis tenemini et sub debito juramenti nobis prestiti quatinus ad reformationem et ordinationem praedictas procedere non omittatis indilate cum aliis sicut volueritis nostram et nostrorum heredum indignationem vitare in perpetuum. Nos enim vobis ●irmiter promittimus pro nobis et heredibus nostris quod si ad hujusmodi reformationem et ordinationem sicut superius est expressum processeritis in nullo nos vel heredes nostri contra vos vel vestros futuris temporibus movebimur, sed nos et praedicti heredes nostri in hac parte vos conservabimus indempnes. In cujus etc. Teste Rege apud Oxonium vicesimo secundo die Junii. Consimiles literas habet F. London. Episcopus. Consimiles literas habet Henricus de Wengham D●canus Sancti Martini London. 〈◊〉 42. II. REx Johanni Mansel Thesaurario Eborum Salutem cum etc. ut supra usque quod reformationem & ordinationem per praedictos 24 N. 193 (& tunc) vel majorem partem eorum faciendam ratam habebimus, etc. usque in perpetuum, & tunc sic praeterea cum vos una cum Comite de Warwico Rogero le Bygod Comite Norfolciae & Marescallo nostro Angliae & Hugone le Bygod electi sitis à praedictis 24 ad nominandum illos qui de nostro esse debent consilio & postmodum ad illos in quos vos quatuor vel tres vestrum concordaveritis aliis cohordinatoribus nostris presentandos ut vos omnes simul vel major pars vestrum ipsos ad nostrum consilium deputandos confirmetis vel infirmetis. Vobis precipimus firmiter injungentes in fide qua nobis tenemini quatinus una cum dictis Comitibus & Hugone praedicto ad praedictum consilium nostrum sicut superius est expressum nominandum prout Dominus vobis inspiraverit indilate procedatis sicut nostram & Heredum nostrorum vitare volueritis indignationem nos enim vobis firmiter promittimus pro nobis & heredibus nostris quod si ad hujusmodi ordinationem & reformationem & consilii nostri nomitationem sicut superius est expressum processeritis in nullo nos, etc. ut supra teste ut supra. Consimiles literae diriguntur Rogero le Bigod Comiti Norfolciae & Marescallo Angliae. Consimiles literae diriguntur Hugoni le Bigod justitiario Angliae. Consimiles literae diriguntur Iohanni de Plessetis Comiti Warwici. 〈◊〉 ●2. H. 3. REx omnibus etc. Salutem Sciatis nos suscepisse in salvum & securum N. 194 conductum nostrum dilectos fratres Ademarum Winton. electum Guidonem de Lezignan. Galfridum de Lezinan. & Willielmum de Valencinis cum tota familia sua in eundo ad partes transmarinas citra diem dominicam proximam post festum 〈◊〉 7. translationis Sancti Thome Martiris proximo futurum. Et ad ipsos conducendos usque Dovorr' & sic versus Wytsand ' quantum potestas nostra se extendit, assignavimus dilectos & fideles nostros Humfridum de Bohun Comitem Herefordie & Essexie johannem Comitem Warewici & Willielmum de Fortibus Comitem Albermarlie & quosdam alios nobiles de regno nostro. Et ideo vobis Mandamus quod dictis fratribus nostris aut familiaribus suis in divertendo per vos in conductu praedictorum nobilium nullum interim inferatis aut ab aliis inferri permittatis dampnum molestiam impedimentum aut gravamen. Et si quid eis forifactum fuerit id eis sine dilatione emendari faciatis. In cujus etc. Duratur. usque ad diem dominicam proximam post festum Translationis praedicte. Teste Rege apud Winton. quinto die Julii. Literae Missae a Comunitate Angliae Domino Papae A. D. 1258. SAnctissimo Patri in Christo Alexandro, divina providentia Sanctae Vniversalis Ecclesiae summo Pontifici communitas Angliae, Additamen. Mat. Paris f. 215. n. 40. And in his History f. 978. n. 10. there only mentioned. cum subjectione debita, pedum oscula beatorum. Nuper vestra Sanctitas, tam per literas quàm per venerabilem virum magistrum Arlotum Subdiaconum & Notarium, nos multipliciter monuit, & induxit; ut Dominum nostrum illustrem Regem Angliae, in prosecutione regni Siciliae juvaremus; sibi commune Subsidium super hoc faciendum. Licet ante id●m N. 195 Dominus noster Rex, absque nostri concilio & assensu, immo nobis reclamantibus & invitis, hoc negotium assumpsisset, quod sibi impossibile propter difficultatem conditionum, & alia quae statum nostrum respiciebant, penitus credebamus. Ob reverentiam tamen Apostolicae sedis & vestrae, Domino Regi duximus respondendum, quod si de Procerum & Magnatum suorum consilio, regnum suum in multis multipliciter deformatum, veilet in melius reformare, & vos conditiones in privilegio vestro contentas, vires ipsius Regis excedentes, quodammodo mitigare velletis; quod juxta mitigationem & reformationem hujusmodi, optatus eventus negotii speraretur, ipsi praeberemus & operam & effectum: ut Rex negot um quod sine nobis assumpserat, per vestrum auxilium possit perducere ad effectum. Caeterum praefatus Dominus Rex attendens impossibile pondus negotii memorati, & statum regni sui imbecillem; See here in this Appendix N. 188.189. voluit & expresse concessit ut de Procerum & Magnatum consilio (sine quibus regnum suum gubernare non poterat, nec negotium prosequi memoratum) dicta reformatio proveniret. Hoc videlicet modo, ut See there. duodecim ex parte ipsius electi, & alii totidem ex parte Communitatis nominati; disponerent, statuerent, ac etiam ordinarent super melioratione & reformatione regni Angliae & ipsum regnum contingentibus prout eis melius (expediens) videretur. Promittentes tam ipse quam Dominus Edwardus primogenitus suus, affirmantes propriis juramentis, quod per praedictos viginti quatuor vel majorem partem eorum ordinatum existeret, inviolabiliter observaret. Facturi & procuraturi securit atem omnimodam, quam ipsi viginti quatuor vel major pars eorum super hoc sieri providerent; verùm cum inter duodecim ex parte Domini Regis Electos, Elegus Wintoniensis & fratres sui nominati fuissent, idem Electus quasi salutis suae immemor, & invigilans perturbationi regni & dispendiis, potius quam reformàtioni; regem ipsum sollicitavit, & toto posse induxit; eidem immensam promittens pecuniam (etiam usque ad Exinanitionem substantiae & facultatum Wintoniensis Ecclesiae) ut spreto juramento proprio, à promissionibus hujusmodi resilir●t; in regni sui grave dispendium & irreparabile detrimentum. Cumque per hanc viam desiderium intentionis suae explere non posset, ad alia se convertens, Dominum Edwardum & quosdam alios de nobilioribus totius regni animavit, & quantum in se fuit stimulavit; ad subversionem totius regni; quasi in necem ejusdem & lapsum irreparabilem conjurasset. Vt de illo posset vere dici, Est vi● qui tu●bavit terram, & concussit regnum. Nam cum ad reformationem qui nunc nominati fuerant, studio vigilanti intenderent, praedictus Electus & fratres sui, nunc per subterfugia, nunc per alias cavillationes varias, Eventum reformationis hujusmodi retardabant: Sed mentita est sibi iniquitas. Quia quantò plus conabantur negotium impedire, tanto ferventius & constant us alii zelo reipublic●e inflammati, instanti vigilia & propensiori cautela, illud promovere studebant. Attendentes, quod firma cohaerentia fidelis esse non potuit, ubi non est tenax unio voluntatum; & ipsorum conglutinatio anim●rum. Sed quid ultra; praedictorum electi & fratrum suorum, tam graves erant excessus & grandes, quod clamor pauperum ad coelum ascenderet contra ipsos. Ipsorum enim Ministri & Officiales, qui potius Praedo●es & Satellites dicebantur, undique depraedabantur pauperes, insidiabantur simplicibus, movebant impios, opprimebant innocentes, exultabant in rebus pessimis; laetabantur cum male fecissent, peccata populi comedentes luxuriabantur in lachrymis viduarum, in nuditate pupillorum, in oppressionibus subditorum gaudentes. Et in tantum ipsorum effraenata rabies invaluerat quod nec sub ipsis minores vivere poterant, nec cum ipsis conversare pares; nec super ipsos impares majores. Nos igitur attendentes quod res●ublica corpus quoddam est, quod divini muneris beneficio vegetatur, & summae aequitatis nutu agitur, & regitur quodam moderamine rationis; nec expedit quod in uno corpore dissonantia sit membrorum: dictos electum & fratres, tanquam turbatores quietis & tranquillitatis regni totius, post multas instantias & frequentes monitiones vocavimus, & vocari per Regem fecimus: ut judicio sisterent suis querelantibus responsuri, juxta consuetudinem Regni & Leges. Ita quod duo ex ipsis quos mallent, exirent, reliquis duobus remanentibus: qui pro se & aliis responderent; ac si sibi magis expediens crederent, regnum omnes exirent. Qui suis culpis exigentibus subire judicium formidantes maluerunt exire quam judicii rigorem expectare. Sed nec adhuc nobis & regno nostro, super hoc plene non tantum cautum existeret, si Electus (cui totius turbationis materiam merito imputamus) rediret in Angliam. Cujus praesentia subita posset evertere, quicquid nostra sollicitudo multis vigiliis & infinitis laboribus studuit ordinare. Vnde fixum est propositum omnium, & accensum desiderium singulorum; quod ille auctor schismatis, homo dissensionis & Scandali, inter nos deinceps nullatenus conversetur. Quia igitur praefatus Electus & fratres, Regem & Dominum Edwardum infatuaverant, adeo quod non solum, insolentiae remanebant penitus impunite, sed quod pejus est, & verecundum dicere terribileque audire, si quis contra ipsos vel eorum alterum differet in judicio quaestionem; Rex qui delinquentem punire & delictum corrigere tenebatur, ipsos in suis facinoribus nutriens contra conquerentem mirabiliter turbabatur: Et cui judex debebat esse propitius, ad eorum suggestionem fiebat adversarius, & nonnunquam terribilis inimicus: ita quod fulciti Regis potentia & favore, quos volebant opprimebant: Communitates & libertates Ecclesiarum damnabiliter violando, homines incarcerando, Clericos vulnerando in praejudicium Coronae (cui soli competit hujusmodi incarceratio) Laxatis habenis nequitiae debacchando per Regnum, pro suae libito voluntatis. Vnde si (quod absit) electus rediret in Angliam, pejora prioribus probabiliter formidamus. Sanctitati vestrae igitur omni affectione qua possumus, supplicamus, quatenus sicut unitatem & pacem Regni Angliae (quod semper vobis extitit devotum & existit) diligitis, saepe dictum electum ab administratione Wintoniensis Ecclesiae quae ex munificentia Sedis Apostolicae sibi concessa fuerat amoveatis omnino. Et magis Expedit, quod istud fiat sine scandalo, de vestrae plenitudine potestatis; quam (quod Deus avertat) occasione ipsius pejora contingant; & nos vestri devotissimi, aliud facere compellamur, scituri pro certo, quost etiamsi Dominus Rex & Regni Majores hoc vellent, Communitas tamen ipsius ingressum in Angliam jam nullatenus sustineret, potius enim saevirent in ipsum, quam quod ipsius intolerabilem saevitiam expectarent. Quin immo, omnibus regnicolis onerosum, & toti regno, dispendiosum Existeret; Si proventus de quo regnum infestare disposuit, perciperet. Quod & omnes qui quàlitatem n gotii noverant asseverant. Et certe (clementissime Pater & Domine) hoc satis credimus sine scandalo faciendum; cum non sit in Episcopum consecratus: Sed tantum sibi administratio est concessa. Super hiis autem & aliis, quae nuncit nostri latores praesentium, Sanctitati vestrae exponent, fidem indubitatem adhibere velitis; petitiones nostras quas per ipsos vobis offerimus (si placet) ad exauditionis gratiam admittentes. Et nos R. de Clare Gloverniae & Herefordiae. S. de Monteforti Legriae, E. Bygod Marescallus Angliae, H. de Bohun Hertfordiae & Essex●ae, W. Albemarle, I. de Placeto, Warevict Comites, H. Bygod, justiciarius Angliae, P. de Sabaudia, I. filius Galfridi, jacobus de Audeley & Petrus de Monteforti. Vice totius Communitatis, praesentibus literis sigilla nostra apposuimus, in testimonium praedictorum. Conservet inc●lumitatem vestram altissimus per tempora longiora. Magnates Additamen. Mat. Paris. f. 217. n. 30, 40. igitur formidantes ne Electus Wintoniensis Romam prop●raret, & infinita promissa Papae & Cardinalibus pecunia, suam pro curaret consecrationem; ut sic efficacior esset ad nocendum: Elegerunt sibi quatuor Milites peritos, & facundos, & fide dignos; qui hanc praenotatam Epistolam Romam deferrent; & Papae & toti Curiae praesentarent Romanae. In cujus tenore continetur, ut eisdem fides adhibeatur indubitata. Habebant autem de Denariis Electi memorati, These 1000 Marks were plundered from him by Richard Gray Constable of Dover Castle. Hist. f. 973. n. 40. notwithstanding the King's Inhibition and safe Conduct, here in the foregoing Num. 194. mille Marcas absconditis pro eorum nunciorum labore, ad sua viatica, & alia sibi necessaria exhibenda. Transalpinaturi cum venissent Parisiis, infirmatus unus eorum videlicet, Petrus de Branche Obiit. Vnde non mediocriter doluerunt: Nihilominus alii tres tantum iter inceptum continuaverunt. Et cum Romam pervenissent, causam sui itineris Domino Papae plenius monstraverunt addentes quaedam alia enormia, & maxima facinora, quae perpetraverant praedicti electus & fratres ejus. Videli et de homicidiis, rapinis, & variis injuriis, & oppressionibus, nec voluit Rex impetus eorum refraenare. Nec praetermiserunt injuriam magnam quam fecerant Magistro Eustachio de Len, Officiali Domino Cantuariensis Episcopi: Vbi vel omnes dicti fratres, vel major pars dicitur interfuisse. Pro qua offensa maxima, excommunicati fuerunt omnes, qui tanto facinori interfuerunt per totam provinciam Cantuariensem & Oxoniis coram Universitate. Recitatumque est quod unus fratrum (scilicet Galfridus) Coquum Regis assavit & excogitatis tormentis, usque ad mortem Cruciavit. Ad quorum auditum, omnes audientes auras suas continentes, obstupuerunt. REx Vicecomiti Dor. Salutem. Pat. 42. H. 3. M. 3. Cum nuper in Parliamento nostro Oxon. Communiter fuit ordinatum, quod omnes Excessus, transgressiones, N. 196 & injuriae facte in nostro regno inquirantur p●r quatuor Milites singulorum comitatuum, ut cognita inde veritate facilius corrigantur. Qui quidem quatuor Milites ad praedictam inquisitionem fideliter faciendam, corporale praestent Sacramentum in pleno Comitatii, vel coram Vicecomite & Coronatoribus, si Comitatus ille in proximo non teneatur. Mandavimus dilectis & fidelibus nostris Aluredo de Lincoln. Ivoni de Rocheford J●hanni de Strada, & Willielmo de Kaynnes de Comitatu tuo quod prestito prius hujusmodi Sacramento sicut praedictum est per Sacramentum proborum & Legaliura hominum de eodum Comitatu per quos rei veritas melius Sciri poterit diligenter inquirant per dictum Comitatum, de omnimodis excessibus, transgressi●nibus, & injuriis in eodem Comitatu à temporibus retroactis, per quascunque personas, vel quibuscunque illatis, & hoc tam de Justiciariis, Vicecomitibus, quam aliis Ballivis nostris & ceteris quibus cunque personis, Sicut in literis nostris dictis, fidelibus nostris inde directis, pl●nius continetur. Ita quod inquisitionem inde factam sub sigillis suis & sigillis eorum per quos facta fuerit, deferant apud Westmonasterium in Octabis Sancti Michaelis in propriis personis suis liberandam consilio nostro ibidem. Et ideo tibi praecipimus in fide qua nobis teneris quod accepto à praedictis Militibus corporali Sacramento in forma praedicta, venire facias Coram eis illos quos tibi nominaverint, & tot & tales Milites, & alios praedicti Comitatus, per quos inquisitio praedicta melius fieri possit ad dies & loca quae tibi assignaverint, & hoc sicut corpus tuum & omnia tua diligis non omittas. Ne si pro defectu tui vel inquisitorum dicta inquisitio retardetur, vel aliquatenus impediatur ad corpus tuum & terras & Catalla tua graviter capere cogamur. Teste Rege apud Westmonasterium quarto die Augusti. Per Consilium Regis. In forma praedictarum literarum patentium Scribitur quatuor Militibus singulorum Comitatuum subscriptis. Et in forma praedictarum literarum Clausarum scribitur singulis Vicecomitibus Angliae. Per Consilium Regis. Northumb. Roberto de Kamon, Johanni filio Simonis, Johanni de Plessetis, Thome de Fenwyke. Essex. Ricardo Filloyl, Henrico de Bello-Campo, Ricardo de Tany, Ricardo de Herlawe. Southt. Johanni Lancelonee. Johanni de Bottelee, Thome de Gymiges, Radulpho de Haryngot. Wigorn. Simoni de Ribbefort, Willielmo Corbet, Ignardo de Elmerugg, Ricardo de Ambresleye. Leyc. Auketino de Martinal, Willielmo de Keleby, Petro le Poter, Eustachio de Folevil. Hunt. Willielmo le Moyne, Waltero de Wassingley, Simoni de Copmanford, Baldewino de Drayton. Oxon. Stephano de Cheyndut, Henrico filio Roberti, Alano filio Reynardi, Petro Foliott. Nott. Hugoni de Capella, Simoni de Hedon, Simoni de Aslaketon, Willielmo de Morteyn. Derb. Willielmo de Muntgomery, Ricardo de Vernun, Ricardo de Roffa, Willielmo filio H● Ebor. Willielmo de Barton, Willielmo de Buketon, Maugero le Vavasur, Thome de Bellaye, Nicholas de Bolteby, Simoni de Lilling. Ranc. Simoni de Kryollis Fulconi Peyforer, Johanni de Sandwico, Galfrido de Scoland. Wilts. Henrico Husee, Godefrido de Skerdemor, Willielmo Husee de Kyntenton, Ricardo de Seles. Glout. Nicholas Burdun, Ade de Aston, Johanni le Brun, Henrico Mustel. Staff. Roberto de Halcton, Ade de Brymton, Willielmo Bagod, Pagano de ... asteneys. Bucks. Rogero de Aumary, Simoni de Sancto Lycio, Willielmo Russel, Arnaldo Biset. Hertf. Roberto de Ross, Alexandro de Amundevil. Galfrido de Childwyk, Henrico de Holewel. Somerset. Johanni de Aure, Willielmo Everard, Willielmo de Stanton, Philoppo de Cantelu. Westmorl. Johanni de Morevil, Roberto de Askeby, Patritio filio Thome, Roberto de Stirkeland. Salop. Thome de Roshale, Waltero de Hopton, Ricardo Terrell, Roberto de Lacy. Quia non fuerunt idonei sicut P. de Monefforti mandavit. Northt. Eustachio de Watford, Thome filio Roberti, Galfrido de Mara, Johanni de Wedon. Cantebr. Philippo de Insula, Willielmo de Bokesworth, Johanni de Coteham, Thome de Laveham. Berks. Petro Achard, Sampsoni Folyot, Willielmo de Berceneles, Waltero de Riparia. Cumbr. Alano de Orreton, Willielmo de Vallibus, Roberto de Castelkairok, Ricardo de Neuton. Suff. Osberto de Caylly, Willielmo filio Reyneri, Willielmo de Heccham, Roberto de Valeynes. Cornub. Reginaldo de Boterell, Gervasio de Hormcot, Radulpho de Arundel, Alano Blochyon. Norff. Fulconi de Kerdeston, Haimoni Hautein, Willielmo de Stalham, Hamoni Burd. Surr. David de Jarpenvil, Johanni de Wauton, Johanni Hansard, Johanni de Abernun. Heref. Waltero de Eyneford, Gilberto Talebot, Rogero de Chaundos, Johanni de Lynguire. Warr. Nicholas filio Radulphi, Ade de Napton, Roberto de Grendon, Willielmo de Waure. Bedf. Simoni de Pateshull, Roberto de Wauton, Willielmo de Subyri, Galfrido de Burdeleys. Linc. Willielmo de Iseney, Gilberto de Sancto Laudo, Willielmo de Engelby, Egidio de Gousle. Sussex. Radulpho de Raleye, Willielmo de Wistaneston, Radulpho Sanzaver, Willielmo de Paggeham. Rotel. Jacobo de Paunton, Bernardo de Brus, Radulpho de Normanvil, Stephano de Nevil. Middelsex. Johanni de Valle Torta, Ricardo de Oxeya, Rogero de la Dune, Waltero de Camera. Devon. Galfrido Dynant, Willielmo de Bykele, Rogero de Cokynton, Willielmo de Curtiniaco Postea constitit Regi per Vicecomitem Devoniae quod G. Dinant & Roger. Kokinton languidi fuerunt, per quod Mandatum fuit eidem Vicecomiti quod loco eorum alios Duos substitueret ad faciendum, etc. Lanc. Willielmo de Forneys, Willielmo le Botiller, Galfrido de Chetham, Alano de Wyndel. QVia Robertus Cambhou & socii sui de Comitatu Northumbrie de praecepto Regis venerunt ad Regem apud Westmonasterium à Die Sancti N. 197 Michaelis in unum mensem Anno, etc. xlii. Claus. 42. H. 3. M. 1. Dor. pro quibusdam negotiis Comunitatem totius Comitatus praedicti tangentibus. Mandatum est Vicecomiti Northumbrie, Quod praefatis quatuor Militibus de Comunitate praedicta Rationabiles expensas suas in Eundo & Redeundo habere faciat. Teste Rege apud Westmonasterium quarto Die Novemb. etc. xliii. Note, The Clerks were not always very exact in their entry of Records, for this is entered upon the Close Roll. 42 Hen. 3. when as the Writ is Dated Novemb. 4. in the 43. of H. 3. for he began his Reign Octob. 19 1216. The like Writs were issued to the four Knights of several other Counties by Name, as appears upon the same Roll and Membrane. l. 41. M. 1. REx Vicecomiti Huntington Salutem. Quia Dilecti & fideles nostri Willi Imus le Moyne Walterus de Wassi●gley, Simo de N. 198 Copmansord, & Baldwinus de Drayton, Quibusdam Inquisitionibus▪ faciendis pro comuni utilitate predicti Comitatus nuper attenderunt, & postea Coram Consilio nostro apud Westmonasterium in Parliamento, Qu●d sint ibidem post Festum sancti Michaelis proxime praeteritum pro Dictis negotiis moram fecerunt, Tibi praecipimus Quod praedictis quatuor Militibus rationabiles Expensas suas quas in eundo redeundo, Et in pr●efato Parliamento pro dictis negotiis Morando sec●runt de Comunirare Dicti Comitatus habere facias Teste, etc. Consimile Breve habent 4 Milites de Comitatu Nottingham. Consimile Breve habent 4 Milites de Comitatu Derby. Consimile Breve habent 4 Milites de Comitatu Buks. Consimile Breve habent 4 Milites de Comitatu Devon. Consimile Breve habent 4 Milites de Comitatu Dorset. This Writ was the pattern and first Foundation of the Writs for the Wages of Knights of Shires, Citizens and Burgesses afterwards chosen, and sent to Parliament. 3. H. 3. N, 18. REx Vener●bilibus patribus Archiepiscopis, Episcopis ad quos praesentes literae pervenerint, in quorum diocesibus Venerabilis Pater Henricus N. 199 London Electus Ecclesiastica beneficia tempore suae promotionis ad eundem Episcopatum obtinuit, Salutem. Fructuosa & diuturna obsequia quae praefatus Electus diu nobis impendit, & ipsius fidelitatem, & industriam, nec non & aff●ctionem quam erga nos gerit diligentius attendentes, Nos de Consilio Magnatum de Concilio nostro concedimus eidem Electo; Quod Decanatus, dignitates & omnia alia beneficia Ecclesiastica subscripta, quae tempore dictae promotionis suae de patronatu nostro obtinuit, retinere possit liberè, plene & pacifice, quam diu ipsa per indulgentiam Domini Papae valeat retinere; videlicet, Decana●um Sancti Martini London, cum collationibus Ecclesiarum & Praebendarum ad eundem Decanatum pertinentium; Decanatum de Tottenhal Coventriae & Litchfield Dioces. cum collationibus Praebendarum ad eundem Decanatum Spectantium Ecclesiam, de Auvilliers ejusdem Diocesis quae est Praebenda de Bruges, Ecclesiam de Worefeld ejusdem Diocesis, Ecclesias de Kirkeym, & de Preston in Augmodernesse Eborum Dioces. quae sunt in Archidiaconatu Richmondiae, Ecclesiam de Grymmesby Lincolniensis Diocesis. Promittimus etiam eidem bona fide, & concedimus, quod dictos Decanatus Sancti Martini London & de Tottenhal seu etiam praedicta Beneficia Ecclesiastica, quae ex patronatu nostro ante suam promotionem optinuit nulli conferri faciemus, nec ad dicta Beneficia aliquem praesentabimus, quam diu ipsa per indulgentiam Domini Papae valeat retinere. In cujus, etc. Teste Rege apud Westmonasterium d●cimo octavo die Julii. Ex. Per Hugonem le Bigod Justiciarium Angliae. REx Nicholas de Hanlou, Custodi Episcopatus Wintoniensis, Pat. 43. H. 3. M. 4. intus. salutem. Sciatis quod pro laudabili servitio, quod dilectus Clericus noster Henricus de Wengham, London Electus d●u nobis impendit, N. 200 concessimus ei de instauro Episcopatus Wintoniensis quinque millia Ovium, ducentas Vaccas, & decem Tauros, de dono nostro ad instaurandum inde Episcopatum suum London. Quod quidem instaurum eidem London Electo versus quemcunque Episcopum vel Electum Winton seu alium warrantizabimus, & ipsum inde indempnem conservabimus. Hoc tamen excepto, quod si contingat Adomarum Fratrem nostrum possessionem Episcopatus Winton recuperare & optinere, Nos necessario eidem Fratri nostro instaurum praedictum restituere tunc volumus, quod idem Electus London de tanto instauro, vel de rationabili pretio ejusdem nobis respondeat. Et ideo vobis mandamus, quod eidem London Electo, vel ejus certo Atturnato praedicta quinque Millia Ovium, ducentas Vaccas, & decem Tauros liberari faciatis. Et nos liberationem illam vobis in compoto vestro allocari faci●mus. In cujus, etc. Teste Rege apud Westmonasterium Quarto die Augusti. Per ipsum Regem, & Consilium suum. Duplicata est ista litera, Ex. REx Vicecomiti Cantebrigiae Salutem. Cl. 45. H. 3. M. 15. Dors. Quia quidam aemuli nostri imposuerunt nobis, ut accepimus, quod proponimus exigere a Magnatibus N 201 & Communitate Regni nostri tallagia inconsueta & consuetudines indebitas ad suscirandum discordiam inter nos & ipsos, tibi praecipimus quod cumomni festinatione clamari facias per totam Ballivam tuam, quod Magnates & Communitatem regni nostri sincere diligimus, & ipsos in pace & tranquillitate quanta hactenus fecimus & majori, si poterimus, tractare; & nulla hujusmodi tallagia aut consuetudines indebitas ab eis exigere vel extorquere proponimus. Et si quos hujusmodi mendacia referentes inveneris, ipsos aresta●i facias quousque suos auctores invenerint & aliud a nobis receperis in mandatis. Teste meipso apud Turrim London, decimo quarto die Martii. Eodem modo mandatum est Singulis Vicecomitibus per Angliam. REx omnibus fidelibus suis de Comitatu Eborum Saultem. Pat. 45. H. 3. M. 4. in Schedula. Rex Talibus Salutem. Gravi nostrae mentis amaritudine turbamur nec immerito quod, sicut acc●pimus quidam nostrae tranquillitatis & N. 202 regni nostri perturbatores invidi & iniquitatis ministri Devotionem fidelium nostrorum, & populi nostri diminuere, & eorum corda a nostra dilectione & fidelitate per suggestiones dolosas & omnino falsas avertere nituntur praesertim cum annis jam quadraginta & quinque quibus volente Domino & ejus cooperante gratia Regni nostri gubernacula tenuimus studium nostrum & labores circa universorum ac singulorum tranquillitatem & pacem toto desiderio totisque viribus per nos & nostros ponere non destiterimus in tantum benedictus Deus quod ubi retroactis temporibus rebellium corda optinere non potuit potestas humana quin per guerras & hostilitates regnum istud frequenti devastatione ad exterminium quodammodo deduci videretur, jam diebus nostris benedictus altissimus cujus gratia sumus id quod sumus per quem regnant Reges universi qui voluntates novit omnium & corda scrutatur singulorum nec in Spiritualibus per interdictum generale aut Sacramentorum subst●actionem nec in temporalibus per hostilitatem aut guerram generalem depressum est Reg●um Angliae seu depauperatum vel subversum quin singuli suis possessionibus & rebus gaudere potuerint pacifice ac universi jus suum consequi seu retinere secundum quod Justitia unicuique quod suum est reddere debuit & consuevit, Nec alicui jus suum per vim vel voluntatem nostram abstulimus benedictus Deus aut aliquem exulare fecimus injuste unde satis advertere potestis & debetis quod super hujusmodi suggestionibus & verbis falsis & iniquis credere non deletis illis qui super vos servitutes & oppressiones dudum pro sua voluntate imposuerunt Cum ad vestram relevationem & defensionem parati simus & prompti semper esse vel●mus. Imponunt autem nobis dicti persecutores & aemuli nostri, ut audivimus, quod jura vestra & aliorum de regno nostro nec non & consuetudines vestras justas debitas & antiquas subvertere & vos indebitis exactionibus gravare velimus, & insuper quod indigenas regni nostri deprimere intendimus & alienigenas induce●e ad dampuum & gravamen indigenarum pro eo quod anno praeterito quando de turbatione regni nostri propter dissensiones inter Magnates nostros subortas timebamus, quosdam nobiscum adduximus de partibus transmarinis per consilium quorundam Magnatum nostrorum Angliae ut per adjutorium ipsorum & aliorum perturbatores pacis nostrae & tranquillitatis vest●ae si quos inveniremus cohercere possemus; set per ipsos vel eorum adventum nulli de regno nostro jactura vel Dedecus accidit nec alicui dampnum intulerunt aut gravamen. Sicut vos ipsi satis nostis & sicut exitus rei evidenter declaravit. Vnde nec verbis nec pravis suggestionibus hiis vel aliis aures inclinetis qui potius operibus & factis quae jam elucent evidenter fidem adhibere & ea magis credere & ten●re debetis. Nec grave sit vobis aut suspectum quod Castra nostra & Comitatus quibusdam commisimus qui majoris sunt potentiae quam illi quibus antea fuerant commissa quia Scire vos volumus quod ad vestram utilitatem hoc magis quam ad lucra nostra fieri providimus, ut Scil cet ipsi vobis contra Servitutes & oppressiones quas quidam Magnates super vos induxerant justitiam, & defensionem exhiberent, ubi non poterant minores; & hoc satis intelligere potestis ex eo quod ad stipendia nostra propria & onera graviora oporteat retinere majores quam haberi possent & consueverint minores, set ob hoc specialiter tales possumus in Ballivis praedictis qui de nostris essent, & de quibus securi essemus quod per ipsos defendi possetis & relevari, eo quod h●i quid dictas Ballivas prius tenuerant p●r eos positi erant qui vobis dicta gravamina & injurias intulerunt & per tolerantiam Ballivorum pradictorum veluti per Sacramentum quorundam ex vobis plene didicimus plura ad nos pertinentia occupaverunt & vos ipsos ad sectas indebitas & alias Servitutes intolerabiles compulerunt, ad nostram exheredationem & vestram; sicut scitis manifestum. Scire insuper vos volumus quod si dicti Vicecomites quibus Comitatus nostros jam commisimus vos gravare aut injurias vobis inferre praesumpserint eos quam cito nobis de hoc constiterit, absque ulteriori dilatione, prorsus ab officiis praedictis amoveri & vobis de injuriis & gravaminibus ab ipsis illatis plene Satisfieri faciemus. Vestram igitur Devotionem requirimus & fidelitatem ne hujusmodi Suggestoribus aut animorum vestrorum turbatoribus fidem adhibeatis, aut de nostrâ benevolentiâ diffidatis aut aliquid contra justas & antiquas leges seu consuetudines vestras nos facturos credatis, set in Devotione & fidelitate nobis debita firmiter permaneatis, quia parati sumus & semper erimus vobis omnibus tam Majoribus quam Minoribus contra omnes tam Majores quam Minores justitiam ad plenum exhibere, & vobis omnibus leges vestras omnes jura, & consuetudines debitas bonas & consuetas in omnibus & per omnia plenius observare, & nos ipsos tam in persona nostra quam aliis omnibus quae nostra sunt pro vobis exponere & pro vestri juris conservatione ac defensione. Et ut super hiis securi sitis has literas nostras de propria voluntate nostra & libera potestate fieri f●cimus patentes. Teste Meipso apud Windesore quinto die Augusti Anno Regni nostri quadragesimo quinto. Consimiles Literae diriguntur per singulos Comitatus-Angliae. REx Vicecomiti Norfolciae & Suffolciae salutem. Cl. 45. H. 3. M. 6. dorso. Cum ex parte Episcopi Wigorniensis, Comitum Leicestriae & Gloucestriae & quorundam aliorum Procerum Regni nostri vocati sint tres Milites N. 203 de singulis Comitatibus nostris quod sint coram ipsis apud Sanctu● Albanum in instanti festo Sancti Matthaei Apostoli secum tractaturi super communibus negotiis regni nostri & nos & praedicti Pr●ceres nostri in eundem diem apud Windesore conveniremus ad tractandum de pace inter nos & ipsos tibi praecipimus quod illis Militibus de Balliva tua qui vocati sunt coram eis ad diem praedictum firmiter injungas ex parte nostra, ut omni occasione postposita ad nos die praedicto venient apud Windesor & eye etiam districte inhibeas ne dicto die alibi quam ad nos accedant, set eos modis omnibus venire facias coram nobis ad diem praedictum nob●scum super praemissis colloquium habituros ut ipsi per effectum op●ris videant & intelligant quod nichil attemptare proponimus nisi quod honori & communi utilitati regni nostri noverimus convenire. Teste Rege apud Windesor undecimo die Septembris. Eodem modo mandatum est Singulis Vicecomitibus citra Trentam. DOmino Papae Rex Angliae, Salutem, cum reverentia & honore. Cl. 46. H. 3. M. 17. Dorso. Cum Ecclesia Romana veluti pia mater devotis filiis, & nobis N. 204 prae caeteris sui gratia in nostris & Regni nostri negotiis maternae pietatis viscera clementer ap●riens, multa beneficia ad nostri conservationem honoris jugiter exhibuerit, & jam pro quibusdam urgentibus negotiis nos & statum nostrum contingentibus opus habeamus Apostolicae Sedis gratiam implorare, nos de consueta dictae Sedis benignitate confisi, ad ejus Suffragia recurrimus confidenter, rogantes, & precibus postulantes intentis, quatinus cum tempore soelicis recordationis Domini Alexander 4 th. Alexandri praedecessoris vestri, Apostolicae Sedis literas obtinuerimus super reformatione status nostri, & absolutione juramenti pro observandis quibusdam ordinationibus, colligationibus & Statutis praestiti, quae in diminutionem & depressionem potestatis regiae cedunt manifestè. Cumque impetrationes praedictae ante obitum praedecessoris vestri memorati, ad usum minime pervenire potuissent, easdem tam in hiis, quae personam nostram specialiter contingunt, quam in illis quae dissolutionem colligationum praedictarum & Juramenti praedicti in aliis respiciunt, jubeatis de vestrae benignitatis gratia innovari. Petitiones in vestro conspectu pro obtinenda confirmatione Statutorum hujusmodi ac aliorum jam ut dicitur exhibitas,. quae in depressionem libertatis Regiae seu etiam juris nostri cedunt laesionem, ad exauditionem si placet nequaquam admittentes. Rogamus insuper ut dilectos nobis Magistrum Johannem de Hemingford, & Magistrum Rogerum Luvell Clericos ac procuratores nostros, una cum negotiis nostris habere velit vestra Sanctitas propensius commendatos. Et cum nuper dum nostrum sigillum in potestate foret aliena, quamplures alii constituti fuerint procuratores nomine nostro, quod non approbamus, ipsorum potestatem omnino revocamus, presertin cum ipsi ea magis quae nobis obesse possent quam prodesse agere moliantur. Teste Rege apud Westmonasterium primo die Januarii. Ex. ●. 46. H. 3. ●. 11. dorso. REx Vicecomiti Eboracensi Salutem. Cum nuper apud Oxon●um per voluntatem Baronum nostrorum ordinationibus & consiliis N. 205 eorum supposuerimus nos, & statum negotiorum nostrorum & Regni nostri, sub quivusdam conditionibus & promissionibus nobis factis, quas minime nobis observarunt Ac. ipsi postmodum plura in praejudicium nostrum & deoressionem potestat●s Regiae, nec non in dampnum Subditorum nostrorum & suorum attemptare praesumpserint, & colligationes inter se fecerint quae in praejudicium & derogationem jur●s Regii, & turbar●onem pacis nostrae cedere perpendimus manifeste, propter quod ex forma nostrae concessionis, eye ulterius ad observationem praemissorum non tenemur. Et cum bonae memoriae Alexander Papa quartus, nos ab observatione dictae concessionis nostrae postmodum absolverit, & Dominus Papa Vrbanus, qui nunc est dicti praedecessoris sui adhaerens vestigiis, nos a juramentis, & alias dictas ordinationes seu statuta contingentibus absolutos denunciari, & dictas colligationes, ordinationes, seu statuta dissolvi mandaverit, quod per venerabilem patrem Norwicensem Episcopum, & discretum virum Johannem Mansel, Thesaurarium Eborum, dicti mandati executores, interveniente, insimul authoritate venerablis Patris Bonifacii, Cantuariensis Archiepiscopi ipsorum collegae plenius est denunciatum. Nos potestate nostra R●gia libere uti, & singulis tam majoribus quam minoribus prout ad nos pertinet justitiae plenitudinem exhibere volentes; Tibi praecipimus, quod haec in pleno Comitatu tuo, & per totam Ballivam tuam publice facias denunciari, & scire facias universitati Comitatus praedicti, quod cum omni securitate & confidentia justitiam obtinendi, jus suum tam contra Majores quam contra Minores, coram nobis & alibi, authoritate nostra prosequantur, quia nulli eorum dresse volumus in sua justitia, quin tam contra majores quam minores plenam justitiam valeant obtinere; Libertates insuper tam in Magna Charta nostra, quam in Charta nostra de Foresta contentas in omnibus plene volumus observari. Et si forte contingat, quod aliqui in Balliba tua dictis colligationibus adhaereant, aut contra jus Regalitatis nostrae, aut etiam contra executionem tui Officii aliquid attemptare, aut contra nos & honorem nostrum praedicare, aut populo suadere praesumpserint, eos arrestari facias, & custodiri, donec aliud a nobis super hoc habueris in mandatis. Teste Rege apud Westmonasterium secundo die Maii. Eodem modo scribitur singulis Vicecomitibus per Angliam. Ex. REx omnibus, etc. Salutem, Pat. 48. H. 3. M. 18. N. 75. Noveritis quod nos compromisimus in Dominum Ludovicum Regem Franciae illustrem super provisionibus, N. 206 ordinationibus, Statutis & obligationibus omnibus Oxon: & super omnibus contentionibus & discordiis quas habemus & habuimus usque ad Festum omnium Sanctorum nuper praeteritum versus Barones regni nostri & ipsi adversus nos occasione provisionum, Ordinationum, Statutorum,, vel obligationum Oxon: praedictorum promittentes & per dilectos & fideles nostros Willielmum Biset Militem & Robertum Fulcon Clericum de mandato nostro speciali in animam nostram jurantes tactis Sacrosanctis Evangeliis quod quicquid idem Rex Franciae super omnibus praedictis seu eorum aliquibus de alto & basso ordinaverit vel statuerit nos observabimus bona fide. Ita tamen quod idem Dominus Rex Franciae dicat super hiis dictum suum citra Pentecosten proximo venturam. In cujus rei testimonium praesentibus litteris sigillum nostrum fecimus apponi. Nos autem Edwardus praedicti Domini Regis Angliae primogenitus, Henricus filius Ricardi Regis Alemanniae Rogerus le Bigod Comes Norfolciae & Mareschallus Angliae, johannes de Warenna, Willielmus de Valencinis Humfridus de Bohun Comes Herefordiae & Essexiae Hugo le Bigod, Philippus Basset, johannes filius Alani, Robertus de Brus, Rogerus de Mortuo Mari johannes de Verdun, Willielmus de Breus, Johannes de Baillol, Henricus de Percy, Reginaldus filius Petri, Jacobus de Aldithele, Alanus de Zuche, Rogerus de Clifford, Hamo Extraneus, Johannes de Grey, Philippus Marmion, Robertus de Nevil, Johannes de Vallibus, Johannes de Muscegros, Warinus de Bassingburn, Adam de Gesemuth, Rogerus de Somery, Ricardus Foliot, Rogerus de Leyburn, & Willielmus le Latymer praedicto compromisso per praedictum Dominum nostrum Regem facto· sicut praedictum est; consentimus & juravimus tactis sacrosanctis evangeliis quod quicquid praedictus Dominus Rex Franciae super omnibus praedictis vel eorum aliquibus de alto & basso ordinaverit vel statuerit, observabimus bona side. Ita tamen quod Idem Dominus Rex Franciae, dicat dictum suum super hiis citra Pentecostem proximo faturam sicut superius est expressum. In cujus rei testimonium praesenti scripto sigillo praedicti Domini nostri Regis Angliae signato, sigilla nostra fecimus apponi. Datum apud Windesoram dominica proxima post festum Sanctae Luciae Virginis anno Domini Millesimo ducentesimo sexagesimo tertio. Confectioni istius instrumenti interfuerunt Iohanne● de Chishul, Willielmus de Wilton, frater J. de Derlington Magister Ern. Cancellarius Regis Alemanniae, Rogerus de Messenden, & plures alii. Pat. 40. H. 3. M. 16. N. 57 REx omnibus, etc. Salutem, Sciatis quod Venerabili Patri R. Coventriae N. 207 & Lichfeldiae Episcopo & Magistro Nicholas Archidiacono Norfolciae plenam & liberam dedimus potestatem ad tractandum apud Brackele in presentia Johannis de Valencinis Militis & Nuncii Carissimi consanguinei nostri Regis Franciae illustris pro nobis magnatibus & proceribus nostris ex parte una, & Simonem de Monteforti Comitem Leycestriae Barones, & alios sibi adhaerentes ex altera super securitate tranquillitate & firmitate pacis regni nostri ●atum habituri & gratum quicquid praefati Episcopus & Archidiaconus in praemissis de consilio & assensu dicti Johannis providendum duxerint & faciendum. In cujus, etc. Teste Rege apud Oxonium vicesimo die Martii. Pat. 48. H. 3. M. 13. N. 49. REx Drogoni de Barentino Constabulario Castri sui Windesor Salutem. Cum per formam pacis inter nos & Barones nostros N. 208 initam & firmatam Simonem de Monte Forti filium Comitis Leycestriae Petrum de Monte Forti, Petrum & Robertum filios suos nuper captos apud Northampton deliberare debeamus, vobis mandamus quatinus praedictos Simonem & Petrum de Monte Forti Seniorem quos ex commissione Edward primogeniti nostri Carissimi in custodia tenetis sine dilatione deliberetis, Ita quod salvo & secure possint ire quo voluerint. Et hoc nullatenus omittatis. Teste Rege apud Bellum, decimo septimo die Maii. Eodem modo Mandatum est Willielmo la Zuth quod deliberari faciat Petrum de Monte Forti juniorem in forma praedicta. Eodem modo mandatum est jacobo de Aldithelege quod deliberari faciat Robertum de Monte Forti in forma praedicta. REx omnibus tenentibus de Castellaria Dovorr. Salutem. Pat. 48. H. 3. M. 13. n. 47. Sciatis quod commisimus dilecto Nepoti nostro Henrico de Monte-Forti fil●o Comitis Leycestriae castrum nostrum Dov●rr. Quinque portus nostros N. 209 & Camerariam nostram de Sandwico cum pertinent is custod enda quamdiu nobis placuerit. Ita quod de exitibus inde provenientibus nobis respondeat ad Scaccarium nostrum. Et ideo vobis mandamus quod eidem Henrico in omnibus quae ad custodiam illam pertinent intendentes sitis & respondentes sicut praedictum est. In cujus, etc. Teste Rege apud Westmonasterium vicesimo octavo die Maii. Per Regem & R. Aquil●n. Et mandatum est Ricardo de Grey quod praedicta Castrum & portus una cum armis victualibus balistis & alia garnestura ejusdem Castri ad opus Regis reservanda liberet praefato Henrico de quibus omnibus chirographum inter ipsos fieri faciat. Ita quod idem Henricus nobis de eisdem valeat respondere. In cujus, etc. Teste ut supra. Et mandatum est Baronibus & Ballivis Portus de Sandwico quod eidem Henrico tanquam Constabulario Castri praedicti, Custodi Quinque Portuum & Camerario Sandwici in omnibus quae ad custodiam illam pertinent intendentes sint & respondentes sicut praedictum est. Teste ut supra. Item, Mandatum est Baronibus & Ballivis Portuum Doborr. Sandwit. H●h. Romeney Wincheles,, & la Rye & Hastings quod ei sint intendentes & respondentes sicut praedictum est. REx Adae de novo Mercato, Salutem. Pat. 48. H. 3. M. 12. Dor. Cum jam sedata turbatione nuper habita in regno nostro pax inter nos & Barones nostros divina cooperante gratia ordinata sit & firmata ac ad pacem illam per totum N 210 regnum nostrum inviolabiliter observandam de Consilio & Assensu Baronum nostrorum provisum sit, quod in singulis Comitatibus nostris per Angliam ad tuitionem & Securitatem partium illarum custodes pacis nostrae constituantur donec per nos & Barones nostros de statu regni nostri aliter fuerit ordinatum, cumque nos de vestra fidelitate simul & industria fiduciam gerentes vos de consilio dictorum Baronum nostrorum Custodem nostrum assignaverimus in Comitatu Lincolniae quamdiu nobis placuerit. Vobis mandamus in fide qua nobis tenemini firmiter injungentes quatinus custodiae pacis nostrae ibidem & hiis quae ad conservationem pacis nostrae pertinent diligenter intendatis ut praedictum est, firmiter & publice per totum Comitatum praedictum inhibentes ex parte nostra ne quis sub poena exhaeredationis & periculo vitae & membrorum super aliquem currat, nec aliquem depraedetur, nec homicidia vel incendia roberias toltas seu alia hujusmodi perpetret enormia nec cuiquam dampnum aliquod inferat contra pacem nostram, nec etiam de caetero arma portet in regno nostro sine licentia nostra & mandato nostro Speciali. Et si quos hujusmodi malefactores & pacis nostrae perturbatores vel etiam ut praedictum est arma portantes inveneritis eos sine dilatione arestari & salvo custodiri faciatis donec aliud inde praeceperimus. Et ad hoc si necesse fuerit totum posse dicti Comitatus cum toto posse Comitatuum adjacentium vobiscum assumatis custodibus ipsorum Comitatuum ad consimilia cum opus fuerit viriliter auxiliantes. Et si forte ipsos malefactores evadere contingat quod nulla ratione vellemus, tunc de nominibus eorum nobis constare faciatis, ut quod justum fuerit de ipsis fieri faciamus. Et quia in instanti Parliamento nostro de negotiis nostris & regni nostri cum Praelatis, Magnatibus & aliis fidelibus nostris tractare necessario nos oportebit. Vobis mandamus quatinus quatuor de legalioribus & discretioribus Militibus dicti Comitatus per assensum ●jusdem Comitatus ad hoc electos ad nos pro toto Comitatu illo mittatis. Ita quod sint ad nos London in Octabis instantis festi Sanctae Trinitatis ad ultimum nobiscum tractaturi de negotiis praedictis vos autem in hiis omnibus ex quendis tam fideliter & diligenter vos habeatis ne per negligentiam vestri ad vos & vestra graviter capere debeamus. Teste Rege apud Sanctum Paulum London quarto die Junii. Eodem modo constituitur Ricardus de Tany Custos pacis in Comitatibus Essexiae & Hertfordiae. Eodem modo constituitur Johannes de Eyvill in Comitatu Eboracensi. Eodem modo constituitur Johannes de Burgo Senior in Comitatu Norfolciae. Eodem modo constituitur Willielmus de Bovill in Comitatu Suffolciae. Eodem modo constituitur Aegidius de Argentenn. in Comitatu Cantebrigiae. Eodem modo constituitur Henricus Engaine in Comitatu Hunt. Eodem modo constituitur Willielmus le Mareschall in Comitatu Northt. Eodem modo constituitur Godefridus de Escudemor in Comitatu Wilts. Eodem modo constituitur Johannes de Sancto Walerico in Comitatu Southt. Eodem modo constituitur Willielmus de Tracy in Comitatu Gloucestriae. Eodem modo constituitur Radulphus Basset de S●perton in Comitatu Leycestriae. Eodem modo constituitur Thomas de Estleye in Comitatu Warr. Eodem modo constituitur Robertus de Stradeley in Comitatu Nolt. Eodem modo constituitur Ricardus de Vernon in Comitatu Derb. Eodem modo constituitur Johannes filius Johannis in Comitatu Bucking hamiaes. Eodem modo constituitur Walterus de Beuchamp de Chalvester in Comitatu Bedford. Eodem modo constituitur Gilbertus de Ellesfeud in Comitatu Oxon. Eodem modo constituitur Robertus filius Nigelli in Comitatu Berks. Eodem modo constituitur Johannes de Plessetis in Comitatu Northumb. Eodem modo constituitur Thomas de Muleton in Comitatu Cumbr. Eodem modo constituitur Johannes de Marevill in Comitatu Westmerl. He was also Governor of Dover Castle and Warden of the Cinque-Ports. Item, Scribitur Henrico de Monte-Forti Vicecomiti Kantiae quod intendat custodiae pacis, etc. quae commissa fuit Petro de Trehampton deferenda eidem Henrico. Eodem modo constituitur Johannes de Aur. in Comitatu Dor. Eodem modo constituitur Brianus de Gowiz in Comitatu Somers. Eodem modo constituitur Oliverus de Dynant in Comitatu Devon. Eodem modo constituitur Radulphus Bass●t de Drayton in Comitatu Salop & Staff. REx jacobo de Aldithele, Salutem. Pat. 48. H. 3. M. 13. Dorso. Cum jam sedata turbatione nuper habita in regno nostro, pax inter nos & Barones nostros divina cooperante gratia ordinata sit & firmata & ad pacem illam per totum N. 211 regnum nostrum inviolabiliter observandam de consilio & Assensu Baronum nostrorum sit provisum, ne quis sub amissione terrarum & tenementorum suorum & etiam sub periculo vitae & membrorum arma de caetero portet in regno nostro sine licentia & speciali mandato nostro; & quod omnes qui nuper in conflictu habito apud Northampton ut prisones capti fuerunt ad nos ducantur London in quorumcumque custodia consistant; cumque quaedam ardua negotia nos & regnum nostrum tangentia vobis necessario communicanda habeamus quae sine praesentia vestra nequeunt expediri, Vobis de consilio Baronum nostrorum mandamus in fide & homagio quibus nobis tenemini firmiter injungentes quatenus statim visis literis istis omnibus aliis praetermissis ad nos in propria persona vestra veniatis nobiscum super praedictis negotiis tractaturi, adducentes vobiscum Robertum de Sutton, Robertum filium Walteri Philippum,, de Covel & johannem de Wiavil & omnes alios hujusmodi prisones, quos in Custodia vestra tam de nostra quam de cujuscumque alterius commissione tenetis, ut de prisonibus praedictis & de prisonibus nuper captis apud Lewes si expedire viderimus prisonem pro prisone vel prisones ipsos per sufficientem manucaptionem deliberari faciamus. Et hoc sicut nos & honorem nostrum nec non & tranquillitatem & pacem regni nostri diligitis nullatenus omittatis. Teste Rege apud Sanctum Paulum Londini, quarto die Junii. Item, Mandatum est Rogero de Mortuo Mari ut supra ut adducat secum Reginaldum de Watervill johannem le Despenser Adam le Despenser Rogerum de la Hide Humfridum de Bassingburn, & omnes alios hujusmodi prisones, etc. & tradita fuit litera Simoni de Watervil. Eodem modo mandatum est Rogero de Clifford quod adducat secum Willielmum de Eyvill, Henricum de Penbregg, Baldwinum de Drayton. REx johanni de Grey Constabulario castri sui Nottinghamiaes, Pat. 48. H. 3. M. 13. Dorso. Salutem. Cum jam sedata turbatione nuper habita in regno nostro, N. 212 pax inter nos & Barones nostros divina cooperante gratia ordinata sit & firmata ac ad pacem illam per totum regnum inviolabiliter observandam de consilio & assensu Baronum nostrorum provisum sit, ne quis sub amissione terrarum & tenementorum suorum & etiam sub periculo vi●ae & membrorum arma de caetero portet in regno nostro sine licentia & speciali mandato nostro & quod omnes qui nuper in confl●ctu habito apud Northampton & prisones capti fuerunt ibidem ad nos ducantur London in quorumcumque custodia consistant; cumque quaedam ardua negotia nos & regnum nostrum tangent a vobis necessario communicanda habea mus quae sine praesentia vestra nequeunt expediri. Vobis de consilio Baronum nostrorum mandamus in fide & homagio quibus nobis tenemini firmiter injungentes quatinus per totam ballivam vestram publice proclamari faciatis in forma praedicta ne quis arma de caetero portet in partibus illis, & quod statim visis literis istis omnibus aliis praetermissis ad nos in propria persona vestra sine equis & armis veniatis nobiscum super dictis negotiis tractaturi, Adducentes vobiscum Baldewinum Wake, Anker de Freschenvill, Hugonem Gobion Rogerum, de Mortein, Ricardum de Hemington & omnes alios hujusmodi prisones quos in Custodia vestra tam de nostra quam ex cujuscumque alterius commissione tenetis, ut de prisonibus praedictis et de prisonibus nuper captis apud Lewes si expedire viderimus prisonem pro prisone vel prisones ipsos per sufficientem manucaptionem deliberari faciamus. Et hoc sicut nos et honorem nostrum nec non et tranquillitatem et pacem regni nostri diligitis nullatenus omittatis. Teste Rege apud Sanctum Paulum London quarto die Junii. Litera praedicta commissa fuit Philippo de Driby per Comitem Leycestriae, Comitem Gloucestriae, etc. Item, Mandatum est Drogoni de Barentin Constabulario Castri Windesor quod Willielmum de Furnival et omnes alios prisones, etc. secum adducat, etc. ut supra, et litera ista tradita fuit Charles Valletto Regis deferenda praefato Constabulario. Item, Mandatum est johanni de Vallibus Constabulario castri Norwici vel ejusdem Subconstabulario ejusdem castri quod veniat in forma praedicta & adducat secum Ger. de Furnivall, Willielmum de Eylesford, Radulphum de Bruton, johannem Estormy, et omnes alios hujusmodi prisones, etc. in forma supradicta. Pat. 48. H. 3. M. 6. Dor. Haec est forma pacis a Domino Rege & Domino Edwardo filio suo Praelatis & Proceribus omnibus cum Communicate tota N. 213 Regni Angliae communiter & concorditer approbata videlicet quod quaedam ordinatio facta in Parliamento Londini habito circa festum Nativitatis beati Johannis Baptistae proximo praeteritum pro pace Regni conservanda quousque Pax inter dictum Dominum Regem & Barones apud Lewes per formam cujusdam mise praelocuta compleretur duratura omnibus diebus praedicti Domini Regis & etiam temporibus Domini Edwardi postquam in Regem fuerit assumptus usque ad terminum quem ex tunc duxerit moderandum firma maneat stabilis & inconcussa. Dicta autem Ordinatio talis est. Ad reformationem Status Regni eligantur seu nominentur tres discreti viri & fideles de regno qui habeant potestatem & auctoritatem à Domino Rege eligendi seu nominandi vice Domini Regis Consiliarios novem de quibus novem, tres ad minus alternatim seu vicissim semper in Curia sint praesentes, & Dominus Rex de Consilio eorundem novem ordinet & disponat de Custodia castrorum & aliis omnibus regni negotiis Praeficiat. etiam Dominus Rex per Consilium eorundem novem justiciarium, Cancellarium, Thesaurarium & alios officiales majores & minores in hiis quae spectant ad Regimen Curiae & Regni. jurabunt autem primi electores seu nominatores quod secundum conscientiam suam eligent seu nominabunt Consiliarios quos credent honori Dei & Ecclesiae, Regi & Regno utiles & fideles. Consiliarii quoque & omnes Officiales majores & minores in sua creatione jurabunt quod officia sua pro posse suo ad honorem Dei & Ecclesiae & ad utilitatem Regis & Regni absque munere praeter esculenta & poculenta quae communiter in mensis praesentari solent fideliter exequentur. Et si praedicti Consiliarii vel aliqui eorum in administratione sibi commissa male versati vel versatus fuerit vel fuerint vel sint ex alia causa mutandi vel mutandus, tunc Dominus Rex per Consilium praedictorum trium nominatorum seu electorum quos vel quem amovendos viderit amoveat & loco eorum vel ejus qui amotus fuerit per eosdem, alios vel alium fidelem & idoneum subroget & substituat. Si autem officiales majores vel minores in officiis suis male versentur Dominus Rex per Consilium dictorum n●vem ipsos amoveat & alios seu alium sine dilatione per consilium praedictorum loco illorum vel ejus substituat. Et si primi ●res Electores seu nominatores in ●lectione vel nominatione Consiliari●rum aut alicujus Consiliarii, aut forte Consiliarii in Creatione officialium vel aliis negotiis Domini Regis & regni gerendis seu disponendis discordes fuerint quod à duabus partibus concorditer factum vel ordinatum fuerit firmiter observetur, dummodo de illis duabus partibus unus sit Praelatus Ecclesiae in negotiis Ecclesiam contingentibus. Et si contingat duas partes dictorum novem in aliquo n●gotio non esse concordes, de discordia illa stabitur ordinationi primorum trium electorum seu nominatorum aut majoris partis eorund●m. Et si videatur Communitati Praelatorum & Baronum concorditer expedire quod aliqui vel aliquis loco aliquorum vel alicujus primorum trium nominatorum seu Electorum subrogentur vel subrogetur, aut substituatur, Dominus Rex per Consilium Communitatis Praelatorum & Baronum alium vel alios substituat. Omnia autem praedicta Dominus Rex faciet per consilium praedictorum novem in forma subscripta vel ipsi vice & auctoritate Domini Regis, praesente ordinatione duratura, donec misa apud Lew●s facta est, & postea à partibus sigillata concorditer fuerit adimpleta vel alia forma provisa, quam partes concorditer duxerint approbandam. In cujus rei testimonium Domini R. Lincolniensis, & Hugo Eliensis Episcopi, R. Comes Norfolciae, & Mareschallus Angliae, R. de Veer Comes Oxoniensis, Hum fridus de Bohun, Willielmus de Monte Canisio, Major London signa sua huic scripto apposuerunt. Datum in Parliamento London mense Junii Anno Domini MCCLXIV. REx omnibus, etc. Salutem. Sciatis quod dedimus potestatem venerabili Patri Stephano Cy●estrensi Episcopo, Pat. 48. H. 3. M. 10. n. 37. & dilectis & fidelibus nostris Simoni de Monte Forti Comiti Leycestriae & Gilberto N. 214 de Claro Comiti Gloucestriae & Hertfordiae nominandi nobis novem de fidelioriobus peritioribus & utilioribus Regni nostri tam Praelatis, quam aliis de quorum consilio negotia regni nostri secundum leges & consuetudines ejusdem regni regere volumus, quousque misa per nos & Barones nostros apud Lewes nuper facta vel alia forma si qua melior provideri possit compleatur., In cujus, etc. Teste Rege apud Sanctum Paulum London vicensimo tertio die Junii. Et mandatum est in forma praedicta praefatis Episcopo & Comitibus; quod nominent in forma praedicta. Teste ut supra. Pat. 48. H. 3. M. 4. Dorso. REx omnibus, etc. Salutem. Noverit universitas vestra quod nos ordinamus & constituimus venerabiles Patres Henricum London N. 215 Walterum Wigorniae, & J. Wintoniae Episcopos, & nobiles viros Hugonem Dispensatorem Justiciarium Angliae & Petrum de Mo●te Forti & Magistrum Ricardum de Mepham Archidiaconum Oxonii, procuratores & nuncios nostros solempnes dantes eis potestatem tractandi in praesentia magnifici Principis Regis Franciae illustris & venerabilis Patris G. Sabin Episcopi Apostolicae sedis Legati vel alterius eorum super reformatione Status regni Angliae, & quod in hac parte provisum fuerit acceptandi & firmandi si viderint expedire ac omnem securitatem faciendi quam negotii qualitas requirit & quam nobis seu regno praedicto viderint opportunam. Dantes insuper praefato Petro potestatem jurandi in animam nostram quod nos, quicquid ipsi in praemissis nomine nostro duxerint faciendum, ratum habebimus & acceptum. Datum apud Cantuariam die Sabbati proxima post festum 8th. Sep●ember. Nativitatis beatae Virginis anno Domini Millesimo Ducentesimo sexagesimo quarto. Consimiles literae emanarunt sub nomine Comitum & Baronum pro se & Communitate praedicta quibus sigilla sua apposuerunt. Datum ut supra. Item forma pacis superius scripta ●onsignata fuit sigillo Regis & tradita munciis Supradictis. Pat. 48. H. 3. M. 20. Dor. REx Archiepiscopis, Episcopis, Abbatibus, Prioribus, Comitibus, Baronibus, Militibus, liberis hominibus, & omnibus aliis de N. 216 Comitatibus Warr. & Leycestriae. Salutem. Miramur quamplurimum & movemur quod quidam ad pacis & tranquillitatis regni nostri turbationem volis & aliis fidelibus nostris multipliciter praedicant & perperam suggerunt nos ad vestram & al orum fidel●um nostrorum exheredationem & status regni nostri subversionem alienigenas in r●gnum nostrum introducere velle ut sic corda vestra a fidelitate nostra subtrahant, & quod propter hoc versus partes Dovorr nuper gressus nostros direximus, quod nostrae intentionis seu voluntatis nunquam extitit sicut per facti evidentiam liquet manifeste. Verum quia quaedam tallagia inconsue●a sine assensu & voluntate nostra & vestra ut accepimus nuper in Comitatibus praedictis facta fuerunt ad inveniendum necessaria quatuor vel quinque hominibus de qualibet villata contra alienigenas versus mare profecturis Vniversitati vestrae significamus quod nos alienigenas non vocavimus nec vocabimus nec eorum auxilio indigemus, eo quod, benedictus altissimus; omnes fere Proceres & Magnates regni nostri exceptis paucis vel nullis nobis resistentibus nostrae fidelitati constanter adhaerent & eatenus nobis assissunt quod eorum auxilio resistentes hujusmodi cum opus fuerit potenter reprimere speramus Domino c●nedente. Quo circa Universitati vestre mandamus firmiter praecipientes quod hujusmodi assertionibus vel suggestionibus fidem non adhibeatis nec de praedictis talliagiis indebitis & inconsuetis in vestri grave dispendium & contra Dominum vestrum ligium factis nichil omnino persolvatis nec occasione alicujus monitionis vel comminationis sine mandato nostro speciali Comitatus vestros aliquatenus exeatis, Set Vicecomiti nostro sicut temporibus retroactis fieri consuevit intendatis. Nos autem parati sumus & semper erimus juramentum factum Oxon ad honorem Dei, fidem nostram & commodum regni nostri firmiter observare & vos in juribus & libertatibus vestris tanquam fideles & probos homines nostros contra quoscunque defendere & tueri. Teste Rege apud Windesoram vicesimo die Decembris anno regni nostri quadragesimo octavo. Consimiles literae patentes diriguntur per singulos Comitatus Angliae, etc. Et mandatum est Vicecomiti Warr' & Leycestriae quod praedictas literas patentes quas lator praesentium sibi liberabit per praeceptum Regis in plenis Comitatibus suis, hundredis & singulis bonis villis Comitatuum praedictorum legi, & sirmam pacem Regis proclamari & teneri faciat. Teste ut supra, Eodem modo mandatum est singulis Vicecomitibus per Angliam, etc. REx Archiepiscopis, Episcopis, Abbatibus, Prioribus, Pat. 48. H. 3. M. 9 Dor. Comitibus, Baronibus, Vicecomitibus, Militibus, liberis hominibus N. 217 & universae Communitati Comitatus Lincolniae Salutem. Cum pro certo nobis constiterit, quod alienigenarum magna multitudo navigio undecunque collecto ad regnum nostrum vi armata intrandum se praeparent ad nostram & singulorum regni ipsius confusionem & exhaeredationem perpetuam nisi eye in manu forti duxerimus obviandum, Vobis mandamus in fide qua nobis tenemini firmiter praecipientes quatinus vos milites omnes & libere tenentes qui ad hoc sufficitis cum equis & armis viriliter & potenter vos praeparetis. Ita quod ad nos sitis London cum toto posse vestro dominica proxima post festum Beati Petri ad Vincula ad nostram & vestram ac totius regni defensi nem contra alienigenas hujusmodi nobiscum exinde processuri. Tis vero Vicecomes assumpto tecum Custode papis Comitatus praedicti praedictis Archiepiscopis, Episcopis, Baronibus & omnibus aliis qui servitium nobis debent denuncies & firmiter injungas ex parte nostra in fide & homagio quibus nobis tenentur, & sicut seipsos, terras & tenementa sua diligunt ut non solum cum servitio in quo nobis tenentur, set quilibet quanto virilius & potentius poterit veniat vel mittat ad eundem diem cum equis & armis & peditibus electis quos habere poterit una cum eorum adjutorio huic periculo efficacius resistere valemus. Nec quisquam per temporis brevitatem quod in se rationabile summonitionis tempus non contineat se excuset, quia instans necessitas tempus non patitur ulterius prorogari, nec per hoc intendimus aut volumus eis ut hoc alias in consuetudinem trahatur praejudicium generari. Insuper de qualibet Villata ad eundem diem venire facias octo, sex vel quatuor ad minus secundum Villae magnitudinem de melioribus & probioribus peditibus cum armis competentibus, videlicet, lanceis, arcubus, & sagittis, gladiis, balistis & hachiis bene munitis quibus de communi de expensis quadraginta dierum facias provideri. De Civitatibus vero similiter castris & Burgis, ubi major copia hominum habetur secundum cujuslibet magnitudinem & facultates homines tum equites quam pedites prout considerata negotii qualitate duxeris ordinandum modo praedicto transmittere non omittas. Nec alleget quisquam instans tempus Messium, aut alicujus alterius rei familiaris occupationem, cum tutius & melius sit cum securitate personae in bonis aliquantulum dampnificari quam cum terrae & bonorum perditione totali per impias eorum manus qui sanguinem nostrum sitiunt sexui aut aetati si praevalere poterunt minime parcituri, crudelis mortis poenae liberari. Hoc igitur mandatum nostrum per Comitatum tuum facias publicari & in forma praedicta singulis denunciari, ut sicut nostrum & terrae nostrae honorem & vitas proprias diligunt, & sicut suam & haeredum suorum exhaeredationem perpetuam vitare voluerint quanto virilius & potentius poterunt se praeparare festinent. Ita quod omni occasione postposita ad ultimum dicta die Dominica videlicet proxima post festum Beati Petri ad Vincula ad locum veniant antedictum. Scituri quod si aliquos hujus mandati nostri contemptores invenerimus vel circa illud negligentes & remissos ad personas & bona eorum nos graviter capiemus sicut ad ipsos per quos non stat quo minus nos & regnum nostrum confusioni & perpetuae exhaeredationi liberemur. In cujus, etc. Teste Rege apud Sanctum Paulum London sexto die Julii. Eodem modo diriguntur literae consimiles Archiepiscopis, etc. In Comitatibus Warr. & Leycestriae, Buckinghamia, & Bedfordioe, Northampton, Cantebrigiae, & Hunt. Salop & Staff. Her●f. Nott. & Derb. Wiltes. Oxon. & Berks, Wigorn. Rotel. Westmer. Northumbr. Eborum, Lincolniae Heref. Gloucestriae, Surr. & Lancastriae; & traditae fuerunt Vicecomiti Lancastriae. Pat. 48. H. 3. M. 7. REx omnibus, etc. Salutem. Cum nuper de Consilio Baronum nostrorum publice prohiberi fecerimus, ne quis sub periculo N. 218 vitae vel membrorum arma portaret vel cum equis & armis per Regnum nostrum incederet absque nostra licentia speciali et jam oporteat dilectum & fidelem nostrum Simonem de Monte Forti Comitem Leycestriae propter obsides & prisones quos secum ducit cum equis & armis incedere, Nos ei ad hoc faciendum licentiam nostram duximus concedendam presertim cum ex hoc nulli de regno dampnum debeat vel periculum imminere. In cujus, etc. Teste Rege apud Sanctum Paulum Lon●on decimo sexto die Julii. HEnri par le grace Deu Roys de Engleterre Seignor de Irlaund & Duc de Aquitain a toz ceus que cest escrit veront ou orront Saluz. Pat. 49. H. 3. M. 91. Saches qe com Edward nostre fiz & Henr le fiuz le Rois de Alemaigne N. 219 nostre Neweu a pres la bataile de Lewes pur la pes de la tere maintener par nostre voleente & la leur se fusent mis ostages a demorer en la garde Munsir Henri de Montfort noster Neweu desque la pes avaundite feust bien a fermee & asseuree J celeui meimes Henr de Montfort par commun acort e assentement des Prelaz & des hauz homes de nostre tere les avauntdiz Edward & Henr rendi & delivera a nos dont nos vos fesoms a saver qe nos le ostages avauntdiz en la forme avaundite avoins receus & le avauntdit Henr de Montfort de la garde avauntdite aquitoms. En temoyne de co a ceste escrit avoins mis noz seaus. Done a Londre le disme Jur de Marce le an del Incarnation nostre Seignor Mil deauscens cincaunt & quatre. OMnibus Christi fidelibus ad quos praesens scriptum pervenerit Marmaducus de Twenge Salutem in Domino. Cl. 49. H. 3. M. 8. Dorso. Noveritis me tradidisse & concessisse Dominis Petro de Brus, Adae de Gesemue, Gilberto N. 220 Haunfard, Roberto de Stuteville, Johanni de Halton, Willielmo de Wyvill, Hugoni de Ever, Johanni de Burton, Ambrosio de Camera, Johanni de Oketon & Galfrido Aquilun totum Manerium meum de Lund oustodiendum cum omnibus suis pertinentiis sine aliquo retenemento pro plegiagio meo versus Dominum Hugonem le Despenser ex hoc quod captus fui ad bellum de Lewes & priso dicti Domini Hugonis le Despenser extiti & unde finivi versus dictum Dominum Hugonem septem Centenas Marcas & unde praedicti plegii mei devenerunt versus dictum Dominum Hugonem Solvend ducentas libras in Festo Nativitatis Sancti Johannis Baptistae Anno Regni Regis Henrici quadragesimo nono Natalis Domini proximo sequenti ducentas Marcas & ad Pascha proximo sequens ducentas Marcas. Et si in aliquo praedictorum terminorum solutione defecero, volo & concedo quod occasione solutionis non factae praedicti Domini Petrus de Brus, Adam de Gesemue, Gilbertus Haunsard, Robertus de Stuteville, Johannes de Halton, Willielmus de Wivill, Hugo de Ever, Johannes Burton, Ambrose de Camera, Johannes de Oketon, & Galfridus Aguilun de praedicto Manerio feofentur & quod illud teneant imperpetuum per Cartam feoffamenti quam per assensum utriusque partis tradidimus Domino Petro de Brus custodiend' quod si in aliquo defecero terminorum bene licebit Domino Petro de Brus & ejus consociis ex mera voluntate mea illud manerium cum omnibus suis pertinentiis tenere & habere imperpetuum, sicut Carta feoffamenti quam inde habemus testatur. In hujus rei testimonium huic praesenti scripto sigillum meum apposui. Cl. 49 H. 3. M. 4. dorso. REx Johanni de Eyvill, Salutem. Cum nos & quidam Magnates & fideles nostri in partibus Hereford circa tranquillitatem N. 221 & pacent partium illarum jam pridem agentes pro viribus laboraverimus prout Status partium earundem requirit sperantes Edwardum filium nostrum ad hoc adjutorem praecipuum & ferventiorem prae cateris invenisse idem Edwardus die Jovis in Ebdomade Pentecostes circa horam vespertinam à Militum Comitiva quos secum ad spaciandum extra Hereford duxerat cum duobus Militibus & quatuor Scutiferis propositi sui consciis spreto consilio nostro & Magnatum & fidelium nostrorum praedictorum subito & exopinato recessit volens ut pro certo credimus se ad johannem de Warrenna & Williemum de Valentia & complices suos qui nuper absque conscientia nostra & voluntate & contra pacem nostram applicuerunt in partibus Pembroc ac etiam ad quosdam Marchiones rebelles nostros & pacis nostrae perturbatores transferre ut exinde partes adeat transmarinas vel alios illuc mittat qui adventum alienigenarum in regnum nostrum per partes Pembroc cum alibi non pateat eis aditus ad nostram & regni nostri confusionem procurent. Et quia praefati rebelles nostri licet adhuc pauci existant per hoc potestatem & vires suas augere possent nisi eorum insolentia antequam ulterius invalescat citius reprimatur nos de vestra & aliorum fidelium nostrorum fidelitate & constantia specialiter confidentes, Vobis mandamus in fide, homagio & dilectione quibus nobis estis astricti & sub periculo amissionis omnium quae in Regno nostro tenetis, ac sub debito Sacramenti quo omnes & singuli de Regno nostro sunt ad hoc specialiter obligati & quod volumus firmiter observari firmiter injungentes quatinus statim visis litteris istis omnibus aliis praetermissiis cum equis & armis et toto servitio vestro nobis debito nec non & toto posse vestro sub omni festinatione de die & nocte usque Wygorniam veniatis parati exinde in manu forti ire nobiscum super inimicos nostros praedictos & hoc sicut exheredationem nostram & vestram & perpetuam regni nostri confusionem vitare volueritis & vitam propriam diligitis nullo modo omittatis. Nec de summonitione exercitus brevitatem temporis allegetis, quia urgentissima necessitas tempus non patitur ulterius prorogari ne inter moras per adventum alienigenarum quos iidem rebelles nostri expectant eorundem vires in nostri & regni nostri perniciem augeri contingat; qui adhuc dum pauci existant de facili nobis poterunt subjugari. Teste Rege apud Hereford tricesimo die Maii. Eodem modo scribitur omnibus tenentibus de Rege in Capite, tam videlicet, Episcopis, Abbatibus, Prioribus, quam Comitibus, Baronibus, Militibus & omnibus aliis, exceptis illis qui sunt pro parte Comitis Gloucestriae. REx Custodi pacis in Comitatu Eborum & Vicecomiti ejusdem Comitatus, Salutem. Pat. 49. H. 3. M. 14. Dorso. Cum inter Simunem de Munre forti Comitem Leycestriae & Gilvertum de Clare Comitem Gloucestriae N. 222 quaedam discordia nuper exorta fuerit quam per compromissum per eosdem in quosdam fideles nostros factum, & t●m scripto quam juramento sua firmatum credebamus pacificari, per quod ad pacandum corda subditorum nostrorum qui guerram de novo ex hoc in re●no praedicto suseitari timebant per singulos Comitatus regni nostri Li●●ems nostras transmisimus inter caetera continentes quod dicti Comites ●n●nimes fuerant & concordes ac idem Comes Gloucestria Spr●●ro●sus observatione juramenti sui praedicti quibusdam Ma●h●onibu● & aliis rebellibus nostris nec non & Willielmo de Valenciis & johanni de Warrenna & complicibus suis qui nuper applicue●unt in rogno, nostro contra pacem nostram adhaeserit & ipsos in familiaritatem admiserat & insuper Edwardum filium nostrum qui pro pace praedicta publici favoris gratiam quam sponte se dando obsidem ad misierat ex inconsulta levitate totaliter jam amisit ad suam & eorundem rebellium nostrorum partem jam attraxerit terram nostram in partibus Marchiae hostiliter circumeundo quaedam castra & villas occupando, & guerras ibidem commovendo & praedictos Marchiones & complices suos inducendo ad pejora committenda contra pacem nostram nos & fideles nostri haec omnia hactenus patienter sustinuimus volentes ut eorum excessibus & transgressionibus manifeste patentibus universis causae justitia pro nobis & eorum injuria contra ipsos patenter allegent in facie singulorum antequam manunt apponere vellemuus ad rigo rem; Et quia tantam rebellionem diutius sustinere nolumus nec debemus vobis praecipimus in fide & dilectione quibus nobis tenemini firmiter injugentes quatenus omnibus de Comitatu praedicto sicut se & su● diligun● districtius inhibeatis ne dicto Edwardo aut praedicto Comiti seu complicibus suis ad suae rebellionis fomentum, consensum, consilium, auxilium vel favorem quoquo modo impendant set sicut nuper per literas nostras per singulos Comitatus nostros directas omnes de regno nostro ad observandum ordinationem nuper London factas juramento astringi praecepimus omnes & singuli Comitatus praedicti contra praedictos rebelles & omnes alios pacis nostrae perturbatores & ordinationis ipsius transgressores manifestos quicumque fuerint potenter insurgant, & patenter corpora eorum arrestantes & salvo custodientes donec aliud inde praeceperimus proclamari, etiam faciatis per totam ballivam vestram ut omnes quos cum equis & armis in auxilium nostrum contra rebelles praedictos nuper summoneri fecimus sub ea qua poterunt festinatione per Gloucestriam cum per Wygorniam prout alias mandavimus propter fractionem pontium & viarum discrimina eis planus non pateat accessus, ad nos accedere non omittant, sicut poenas in prioribus litteris nostris eisdem nuper inde directis contentas voluerint evitare; Et ita vos habeatis in praemissis quod fidelitatem & diligentiam vestram exinde perpetuo comm●ndare debeamus. Teste Rege apud Hereford Septimo die Junii. Consimiles litterae diriguntur per singulo● Comitatus Angliae per Regem, Comitem Leicestriae Justiciarium, Petrum de Monte forti, Egidium de Argentenn, & Rogerum de Sancto Johanne. Pat 49. H. 3. M. 8. Dor. REx omnibus fidelibus suis de Comitatibus Warr. & Leycestriae Salutem. Sciatis quod cum nuper unanimi consilio & voluntate N. 223 Magnatum nostrorum apud Winton convenientium reddita fuerit in manus nostras Seisina omnium terrarum & tenementorum quibuscumque occupatorum de terris adversariorum & rebellium nostrorum qui nobis manifeste adversabantur in turbatione & guerra nuper in r●gno nostro suborta, & eisdem in turbatione praedicta manifeste adhaerentium constituimus dilectos & fideles nostros Willielmum Bagod & Robertum de Grendon una cum Vicecomite nostro Comitatus praedicti ad omnes terras & tenementa praedicta in manus nostras capienda & nomine nostro Salvo custodienda. Ita quod illi praedicta terras & tenementa per Sacramentum proborum & fidelium nostrorum fideliter extendant, quantum secundum rectum valorem in omnibus exitibus eorum valeant per annum: Et extentam illam nobis sub sigillis eorum per quos facta fuerit una cum nominibus terrarum & nominibus illorum quorum terrae & tenementa illa fuerunt habere faciant ad instans festum Sancti 13 Septembris. Edwardi apud Westmonasterium, Ita etiam quod de toto redditu de termino Sancti Michaelis instantis diligentem faciant inquisitionem & ad ipsum redditum colligendum & recipiendum duos de discretioribus & fidelioribus qui in singulis hundredis haberi poterunt assignent, Et eis summam reddituum praedictorum in singulis locis & villis habere faciant, & nos de summa illa & nominibus collectorum illorum fideliter & plene certificent. Et si forte de dictis redditibus aliquid inde receperint ad plenam restitutionem fine dilatione distringant. Volumus etiam quod si terrae vel tenementa dictorum rebellium nostrorum alicui alteri postquam nobis post Diem Jovis proximam post festum Exaltionis Sanctae Crucis fuerint restituta ad manus nostras revocentur per eosdem Willielmum, Robertum, & Vicecomitem praedictam salvo custodienda & extendenda in forma Supradicta. Quod si aliquis praedictorum Willielmi, Roberti, vel Vicecomitis per infirmatatem aut alio modo impeditus fuerit quo minus dictum negotium exequi possit, duo alii nichilominus in negotio praedicto procedant & illud in forma praedicta plene & fideliter expediant. Et ideo vobis mandamus quod praedictis Willielmo, Roberto & Vicecomiti in hiis, quae ex parte nostra vobis duxerit injungenda, sitis intendentes & auxiliantes. In cujus etc. Teste Rege apud Winton vicesimo primo die Septembris. Item in forma praedicta constituuntur omnes Milites subscripti in Comitatibus Subscriptis. Wilts. Willielmus de Canne, Adam de Machine. Linc. Antonius Bek, Alexander de Monte Forti. Somers. Willielmus Everard, Ricardus de Bamfeld Canonicus Well'. Cant. & Hunt. Almaricus Peche, Willielmus de Criketon. Lanc. Patricius de Ulnesby, Robertus de Lathum. Glouc. Robertus de Santemaur, Robertus de Kingeston. Midd. Philippus de Conel, Johannes de Vantort. Dor. Radulphus de Gorg, Johannes de la Strode. Devon. Henricus de Tracy, Ricardus Banzan. Cornub. Stephanus Heym, Philippus de Bodrigan, Buck. & Bed. Jacobus le Sauvage, Galfridus de Rus. Cumberl. Robertus de Mulecastr, Ranulphus de Acr. Westmerl. jidem Milites. Wigorn. Willielmus de Sautemar, Paulinus de Kerdif. Southt. Mathaeus de Columbers, Radulphus de Hotot. Ebor. Johannes de Oketon, Galfridus Aguilun. Surr. & Sussex. Johannes de Wauton, Willielmus Aguilun. Northt. Johannes Lovel, Willielmus le Brun. Nott. Derb. Willielmus de Grey, Willielmus de Montgomery. Heref. Ricardus de Bachind, Walterus de Ailesford. Kanc. Henricus de Burn, Rogerus de Norwede. Essex & Hertford. Willielmus de Grancourt, Richardus de Herlawe. Norff. Suff. Henricus de Reneshal, Hervicus de Vallibus. Rotelond. Jacobus de Paunton, Johannes de Sproxton. Northumbr. Thomas de Richel, Johannes de Aulton. Salop & Staff. Philippus le Bret, Odo de Hodenet. Oxon & Berk. Thomas de Valom, Willielmus de Englefeud. Pat. 49. H. 3. N. 22. REx Humfrido de Bohun Comiti Hereford johanni, de Bailol, Rogero de Leyburn, & Roberto Walerand, Custodibus Civitatis N. 224 suae London, S●lutem. Quia Major, Cives, & tota Communitas Civitatis praedictae tam de vita & membris quam terris tenementis & bonis suis aliis quibuscumque voluntati nostrae se submiserunt, Volumus quod pax nostra tam in Civitate praedicta quam in partibus adjacentibus proclametur & firmiter observetur. Et ideo vobis mandamus quod pacem nostram ibidem publice clamari & firmiter observari faciatis, omnem diligentiam quam poteritis apponentes, ne depraedationes aliquae in dicta Civitate fiant, maxime cum depraedationes praedictae in dispendium nostrum cederent & jacturam manifestam. Quod si forte aliquos depraedatores seu pacis nostrae perturbatores ibidem inveniri contigerit eos, arrestari & salvo custodiri faciatis donec aliud inde praeceperimus, Ita quod diligentiam vestram exinde debeamus merito commendare. Teste Rege apud Windesoram Sexto die Octobris. REx universis & singulis hac instante Die Jovis ad Comitatum Middlesex conventuris, Salutem. Pat. 49. H. 3. M. 5. Quia de Vicecomite in Comitatu praedicto nondum providimus mittimus dilectum & fidelem nostrum N. 225 Philippum de Conel ad Comitatum illum tenendum die praedicto, & ea quae ad officium Vicecomitis pertinent facienda, Et ideo vobis mandamus quod eidem Philippo tanquam Vicecomiti nostro Comitatus praedicti quoad diem illum intendentes sitis & respondentes sicut praedictum est. In cujus, etc. Teste Rege apud Windesor sexto die Octobris. REx omnibus, etc. Salutem. Pat. 54. H. 3. M. 7. Licet nos sicut Edwardus primogenitus noster totis desideriis affectemus transfretare in subsidium N. 226 terre Sanctae, quia tamen Praelatis Magnatibus & Communitati Regni nostri non videtur expediens neque tutum quod nos ambo extra regnum istis temporibus ageremus, nos votum nostrum quatenus possumus perfici, & regni nostri regimini de consilio dictorum Praelatorum & Magnatum Salubritor prospicere cupientes negotium Crucis una cum signo Crucis nostrae praefato primogenito nostro ex plena & summa Confidentia commisimus vice nostra, & ad idem negotium quo ad votum peregrinationis nostrae & suae prout decet & expedit ad Christiani nominis exaltationem efficacius peragendum totam vicesimam nobis in subsidium terrae Sanctae per totum regnum nostrum concessam tam collectam quam colligendam eidem primogenito nostro duximus plenarie conferendam. In cujus, etc. Teste Rege apud Winton quarto die Augusti. REx Archiepiscopis, Episcopis, Abbatibus, Comitibus, Pat. 1. H. 3. M. 13. intus. Baronibus, Militibus, & libere tenentibus, & omnibus fidelibus suis N. 227 per Hiberniam constitutis, Salutem. Fidelitatem vestram in Domino commendantes quam Domino patri nostro semper exhibuistis, & nobis estis diebus nostris exhibituri. Volumus quod in signum fidelitatis vestrae tam praeclare, tam insignis, Libertatibus regno nostro Angliae à patre nostro & nobis concessis, de gratia nostra & dono in Regno nostro Hiberniae gaudeatis vos & vestri haeredes imperpetuum. Quas distincte in scriptum redactas de communi Consilio omnium fidelium nostrorum vobis mittimus, signatas sigillis Domini nostri G. Apostolicae sedis Legati, & fidelis nostri Comitis W. Mareschalli Rectoris nostri & Regni nostri, quia sigillum nondum habuimus, easdem processu temporis de majori Consilio proprio sigillo signaturi. Teste apud Gloucestriam sexto die Februarii. Pat. 30. H 3. M. 1. Hibern. QVia pro communi utilitate terrae Hiberniae & unitate terrarum Regis, Rex vult, & de communi consilio Regis provisum est, quod N. 228 omnes leges & consuetudines quae in regno Angliae tenentur in Hybernia teneantur, & eadem terra eisdem legibus subjaceat, & per easdem regatur, sicut Dominus J. Rex cum ultimo esset in Hibernia, statuit & fieri mandavit. Quia etiam Rex vult, quod omnia brevia de communi jure quae currant in Anglia similiter currant in Hybernia sub novo sigillo Regis. Mandatum est Archiepiscopis, etc. quod pro pace & tranquillitate ejusdem terrae, per easdem leges eos Regi et deduci permittant, & eas in omnibus sequantur. In cujus, etc. Teste Rege apud Wodestok, nono die Septembris. Claus. 37. H. 3. M. 15. Dor. REx Justiciario Hiberniae, Salutem. Monstravit nobis Mamorch Offerthierun et Rothericus frater ejus, quod Antecessores sui N. 229 et ipsi, licet Hibernienses fuissent, semper tamen firmiter fuerunt ad fidem et servitium nostrum et praedecessorum nostrum Regum Angliae ad conquestum una cum Anglicis faciendum super Hybernienses. Et ideo vobis mandamuus, quod si ita est, tunc non permittas ipsos Mamorch et Rodericum repelli, quin possint terras vindicare in quibus jus habent, sicut quilibet Anglicus; quia si ipsi et Antecessores sui sic se habuerunt cum Anglicis, quamvis Hibernienses, injustum est, licet Hibernienses sint, quod exceptione qua repelluntur Hibernienses à vindicatione terrarum et aliis repellantur. Teste, etc. Pat. 46. H. 3. M. 19 intus. SAnctissimo in Christo Patri Urbano Dei gratia Sacro Sanctae Romanae N. 230 Ecclesiae summo Pontifici, Henricus eadem gratia Rex Angliae, Dominus Hiberniae, Dux Aquitaniae, Salutem, Cum reverentia et honore. Sanctitati vestrae notum facimus, quod nos constituimus et ordinamus in vestrae Curia Sanctitatis, dilectos Clericos nostros magistros Johannem de Hemingford, et Rogerum Luvell, et quemlibet eorum in solidum, ita quod non sit melior conditio occupantis, nostros et Regni nostri Procuratores et Nuncios speciales, ad exponendum, et intimandum, et referendum gravamina nobis et Regno nostro illata, à Venerabilibus Patribus Bonifacio Archiepiscopo Cantuariensi, & Suffraganeis ejus, et ad exponendum et intimandum vobis quaedam statuta ab eis edita in nostrum et Coronae nostrae praejudicium et gravamen nec non ad supplicandum Sanctitati vestrae, ut praedicta gravamina tollere, ac statuta dignetur vestra Sanctitas revocare; et ad supplicandum etiam, ut super hiis vestrae Sanctitatis circumspectio nobis et Regno nostro gratiam adhibeat, si necesse fuerit et remedium opportunum. Item, Et ad impetrandum, et contradicendum et Narrandum, ac in Judices conveniendum. Ratum habituri quicquid ipsi Procuratores vel eorum alter duxerint vel duxerit faciendum, praesentibus post annum minime valituris. Dat. apud London 7 Kalend. Novembris, Anno 1261. DOmino Papae Rex Angliae, Salutem, cum reverentia et honore. Pat. 46. H. 3. M. 17. Sanctitati vestrae notum facimus, quod nos constituimus et ordinamus in Curia vestrae Sanctitatis, Magistros Johannem de Hemingford, et N. 231 Rogerum Luvell, quemlibet eorum in solidum; ita quod non sit melior conditio occupantis, nostros et Regni nostri Procuratores et Nuncios speciales, ad exponendum, intimandum, et referendum gravamina nobis et Regno nostro illata à Venerabilibus Patribus Bonifacio Archiepiscopo Cantuariensi, & Suffraganeis ejus, et ad exponendum et intimandum vobis quaedam statuta ab eis edita in nostrum et Coronae nostrae praejudicium et gravamen; et ad supplicandum Sanctitati vestrae, ut praedicta gravamina et statuta dignetur vestra Sanctitas revocare et ad Supplicandum, ut vestra Sanctitas faciat nobis et Regno nostro gratiam, si necesse fu●rit, et remedium opportunum. Item ad impetrandum et contradicendum, narrandum, ac ad Judices eligendum et recusandum, Ratum habituri quicquid dicti Procuratores, vel alter eorum super praemissis duxerint vel duxerit faciendum, praesentibus per biennium in suo robore duraturis. Dat. apud Westmonasterium, die tertio Januarii, Anno. 1261. REx Vicecomiti Eborum Salutem. Cl. 25. E. 1. M. 6. Dor. Quia in relevationem omnium Incolarum & populi Regni nostri pro octava omnium bonorum N. 230 Singulorum laicorum per totum idem Regnum pro urgentissima nunc dicti regni contra Gallicos necessitate levanda concessimus pro nobis & haeredibus nostris confirmare & firmiter teneri facere Magnam Cartam de libertatibus Angliae & Cartam de libertatibus Forestae & concedere omnibus & singulis ejusdem Regni litteras nostras patentes quod dictae Octavae levatio non cedet eisdem in praejudicium, Servitutem, Exhaeredationem, This Charter was made when the King was under Montforts' power, when he kept him Prisoner at large under a Guard, and made what Grants he pleased, and issued what Writs he would, and Sealed what Charters he he pleased with the King's Seal, and published them under his Name, and made him own them. usum vel Consuetudinem in futurum; Tibi Praecipimus firmiter injungentes quod sine dilatione aliqua duos de probioribus & legalioribus Militibus Comitatus tui eligi, & eos plenam potestatem pro ipsis & tota Communitate dicti Comitatus habentes ad Edwardum filium nostrum carissimum tenentem in Anglia locum nostrum venire facias. Ita quod sint London ad eundem filium nostrum modis omnibus in Octavis Sancti Michaelis proximo futuris ad ultimum, Cartas super Confirmatione nostra Cartarum praedictarum, & litteras nostras super dicta concessione pro ipsa Communitate in forma praedicta recepturi, & facturi ulterius quod per dictum filium & Consilium nostrum ibidem fuerit ordinatum Et hoc nullo modo omittas. Et habeas ibi hoc Breve. Teste Edwardo filio Regis apud Sanctum Paulum London, decimo quinto die Septembris. Consimiles litterae diriguntur singulis Vicecomitibus per Angliam. The Incolae Regni, and Populus were the Laity only, as appears in this Record by the words singulorum Laicorum: And they were called incolae regni, in Despite to the Clergy, who were then out of the King's Protection, and not taken to be his Subjects, or Members of the Nation. Cart. 49. H. ●. M. 4. REx omnibus de Comitatu Eborum Salutem. Cum propter hostilem turbationem habitam in Regno nostro de unanimi assensu & voluntate N. 233 nostra, & Edwardi filii nostri primogeniti Praelatorum Comitum, Baronum & Communitatis regni nostri pro Regni ipsius pace pro cujus securitate dictus Edwardus & Henricus filius Regis Alemanniae Nepos noster obsides dati fuerunt concorditer sit provisum quod quaedam ordinatio de unanimi assensu nostro Praelatorum Comitum & Baronum praedictorum super nostro & regni nostri statu London See Pat. 48. H. 3. M. 6. Dor. in this Append. N. 213. Mense junii Anno Regni nostri quadragesimo octavo facta inviolabiliter observetur Universitatem vestram scire volumus quod nos ordinationem ipsam & pacem & tranquillitatem Regni bona fide observare & in nullo contravenire ad Sancta Dei Evangelia juravimus. Hoc adjecto in eodem Sacramento specialiter, & expresse quod occasione factorum praecedentium tempore turbationis aut guerrae praecedentis neminem occasionabimus aut inculpabimus de illis aut de parte illorum quos tanquam inimicos diffidavimus puta Comites Leycestriae & Gloucestriae & alios sibi adhaerentes ac Barones sive Cives nostros London & Quinque Portuum nec alicui de praedictis dampnum faciemus aut fieri procurabimus nec per Ballivos nostros aliquatenus fieri permittemus. Juravimus insuper quod ea omnia quae pro liberatione dictorum filii nostri ac Nepotis sunt provisa & sigillo nostro sigillata quantum ad nos pertinet inviolabiliter observabimus & ab aliis pro posse nostro faciemus observari. Volentes & consentientes expresse quod si nos vel dictus Edwardus filius noster contra praedictam ordinationem, provisionem nostram seu juramentum, quod absit, in aliquo venire seu pacem & tranquillitatem regni nostri turbare seu occasione factorum praecedentium tempore turbationis ac guerrae praecedentis aliquem de praedictis aut de parte praedictorum quos diffidavimus occasionare seu alicui de eis dampnum facere aut fieri procurare praesumpserimus, liceat omnibus de regno nostro contra nos insurgere & ad gravamen nostrum, opem, & operam dare juxta posse, Ad quod ex praesenti praecepto nostro omnes & singulos volumus obligari fidelitate & homagio nobis factis non obstantibus. Ita quod nobis in nullo intendant, set omnia quae gravamen nostrum respiciunt, faciant ac si in nullo nobis tenerentur donec quod in hac parte transgressum fuerit seu commissum cum satisfactione congrua in statum debitum secundum praedictorum ordinationis & provisionis nostrae seu juramenti formam fuerit reformatum. Quo facto sicut prius intendentes existant. Et si aliquis alius de regno nostro contra praedicta venire seu pacem & tranquillitatem regni nostri turbare praesumpserit seu nobis vel Edwardo filio nostro aut alicui alteri contra praedicta vel aliquod praedictorum venientibus opem, Consilium, consensum vel auxilium quoquo modo praestiterit si hoc notorium fuerit aut de hoc per considerationem Consilii nostri & Magnatum terrae nostrae convictus fuerit sive non, tam ipse quam haeredes sui imperpetuum exhaeredentur ac de terris & tenementis ipsorum fiat prout de terris eorum qui de felonia convicti sunt secundum leges & consuetud●nes regni nostri fieri consuevit. Ad haec de unanimi assensu & voluntate nostra Edwardi filii nostri Praelatorum Comitum Baronum & Communitatis Regni nostri concorditer provisum est quod Cartae So called in Respect of the provisions made at London in the Month of June the year before, and the Articles made at Worcester, December the 13th last foregoing. antiquae communium Libertatum & Forestae Communitati regni nostri per nos dudum concessae in quarum violatores ad petitionem nostram sententia excommunicationis dudum lata est & per sedem Apostolicam specialiter confirmata nec non & omnes articuli de nostro & Magnatum terrae nostrae communi assensu dudum provisi quas nuper apud Wygorniam existentes per singulos Com●tatus sub sigillo nostro transmisimus inviolabiliter observentur imperpetuum. Ad quorum observationem Sacramento ad Sancta D●i Evangelia praestito sponte nos obligavimus, & omnes Justiciarios, Vicecomites, & quoscumque Ballivos de regno nostro tam nostros quam aliorum simili Sacramento volumus obligari. Ita quod nullus teneatur al cui Ballivo obedire donec Sacramentum praestiterit. Et si quis contra Cartas ipsas vel articulos praedictos in aliquo venire praesumpserit praeter perjurii reatum & excommunicationis sententiam quae incurret per considerationem Cur●ae nostrae graviter puniatur. Salvo in praemissis prout decet privilegio cler●cari. Et quia volumus quod haec omnia firmiter & inviolabiliter observentur, Universitati vestrae injungendo ac praecipiendo mandamus quatinus vos omnes & singuli praedicta omnia & singula sicut superius scripta sunt faciatis teneatis & inviolabiliter observetis & ad ea omnia facienda tenenda & observanda ad Sancta Dei Evangelia Sacramento corporaliter praestito ad invicem vos obligetis. In cujus rei Testimonium Car●as & Ordinationes praedictas cum praesentibus literis patentibus vobis sub sigillo nost●o transmisimus in Comitatum vestrum sub custodia fide dignorum ad hoc Electorum ad rei memoriam salvo custodiend●s, contra quas ne quis ignorantiam p●etendere possit in futurum, ad minus bis in anno in pleno Comitatu p●as praecipimus publicari. Ita quod fiat prima publicatio in proximo Comitatu post instans festum Paschae, secunda vero fiat in proximo Comitatu, post festum Sancti Michaelis & sic deinceps fiat annuatim. Volumus insuper quòd salvis omnibus supradictis, omnes aliae ordinationes & articuli per nos & Concilium nostrum hactenus provisi qui poterunt ad honorem Dei & Ecclesiae, fidem nostram, & regni nostri commodum observari, inviolabiliter observentur & teneantur. Ut autem praemissa omnia & singula firma maneant & inconcussa Reverendi Patres Episcopi per Regnum constituti ad instantiam nostram sententiam excommunicationis fulminarunt, in omnes illos qui contra praemissa vel aliquod praemissorum scienter venerit aut venire temptaverit cum effectu quorum jurisdictioni seu cohercioni spontanea voluntate quantum ad praemissa nos submittimus privilegiis nostris omnibus impetratis aut impetrandis seu proprio motu Domini Papae nobis concessis aut imposterum concedendis in hoc pure renunciantes prout in literis super hoc confectis penes dictos Praelatos residentibus plenius continetur. In cujus rei Testimonium has literas nostras fieri fecimus patentes. Teste Rege apud Westmonasterium, decimo quarto die Martii Anno Regni nostri quadragesimo nono. The same Date in the same Chart to the County of Mi●d. Cl. ●8. H. 3. M. 10 Dor●. REx Vicomiti Lincolniae Salutem. Quia audivimus quod tu & Ballivi tui & etiam Ballivi aliorum quid Hundreda habent in Comitatu N. 234 tuo non intelligitis qualiter Hundreda & Wapentacca ten●ri debeant in Comitatu tuo postquam concessimus omnibus de regno nostro libertates contentas in Cartis nostris quas inde fecimus, dum fuimus infra ●tatem. Nos eandem Cartam nuper legi fecimus in praesentia Domini Cantuariensis & Majoris & Senioris partis omnium Episcoporum, Comitum & Baronum totius Regni nostri, ut coram eis & per eos exponeretur haec clausula contenta in Carta nostra de libertatibus, videlicet quod nullus Vicecomes vel Ballivus faciat Turnum suum per Hundreda nisi bis in anno & non nisi loco debito & consueto, videlicet semel post Pascha & iterum post Festum Sancti Michaelis sine occasione. Ita scilicet quod quilibet habeat libertates suas quas habuit, & habere consuevit tempore Henrici Regis avi nostri, vel quas postea perquisivit; unde à multis ibi dictum fuit, & testatum quod tempore Henrici Regis Avi nostri tam Hundreda & Wapentacca quam Curiae Magnatum Angliae Solebant teneri de quindenâ in quindenam. Et licet multum placeret nobis communi utilitati totius regni & indempnitati pauperum providere, tamen quia illi duo Turni plene non sufficiunt, ad pacem regni nostri conservandam, & ad excessus tam divitibus quam pauperibus illatos corrigendos qui ad Hundreda pertinent de communi Consilio praedicti Domini Cantuariensis, & omnium praedictorum Episcoporum, Comitum, & Baronum & aliorum. Ita provisum est quod inter praedictos duos Turnos teneantur Hundreda & Wapentacca & etiam Curiae Magnatum de tribus Septimanis in tres Septimanas ubi prius teneri solent de quindenâ in quindenam. Ita tamen quod ad illa Hundreda & Wapentakia, & Curias, non fiat generalis Summonitio sicut ad Turnos praedictos sed ad Hundreda illa Wapentakia & Curias conveniant conquerentes & adversarii sui, & illi qui Sectas debent, per quos teneantur placita, & fiant Judicia, nisi ita sit quod ad Hundreda illa & Wapentakia fieri debeat Inquisitio de placitis Coronae sicut de Morte hominis, Thesauro invento, & hujusmodi ad quae inquirenda conveniant cum praedictis Sectariis, quatuor villatae proximae, Scilicet omnes de illis villis qui necessarii fuerint ad Inquisitiones illas faciendas, Et ideo tibi praecipimus quod praedicta Hundreda Wapentakia & Curias tam nostras quam aliorum teneri facias de caetero secundum quod praedictum est de tribus Septimanis, in tres Septimanas, exceptis praedictis duobus Turnis, qui de caetero teneantur secundum quod prius teneri solebant. Teste Rege apud Westmonasterium xiᵒ die Octobris. The INDEX. A ABrincis vid. Hugh. Adala, Countess of Blois, her endeavour to reconcile the King and Archbishop Anselme f. 260. E. William Fitz Adelin sent Procurator into Ireland f. 365. F. His Character Ibid. He is recalled f. 369. D. Adomar vid. Ethelmar. Aedui who they were f. 6. F. Aelfred fighteth the Danes with various success f. 114. D. He is reduced to great straits Ibid. E. He obtained a great victory over them, and forced them to beg peace f. 115. A. B. His great Force at Sea Ibid. C. His design to advance learning Ibid. D.E. His Charity, Justice and Prudence f. 116. A. B. C. D. He erected Hundreds and Tithings Ibid. E. He made a Survey of all Counties, Hundreds & Tithings f. 117. l. 2. Agalmar Bishop of North-Elmham deposed f. 213. A. Agricola sent Governor into Britain f. 22. D. His Achievements, and Wisdom, and Justice in the British Affairs f. 23. A, etc. His Conquests f. 24. A. B. C. He first made use of a Fleet Ibid. D. He overthrew the Caledonians f. 25. B. And Britain's f. 26. A. B. His Policy to keep them under by Sea and Land Ibid. D. He is recalled by Titus, and suspected to be poisoned f. 27. A. Agricola Disciple to Paelagius propagated his Master's Opinions in Britain f. 38. E. alan's who they were f. 37. B. F. Albamarle, vid. William de Fortibus. St. Alban Monastery founded by King Offa f. 109. B. The Abbot thereof cited to London by the Pope's Legate f. 599. F. He appeals to the Pope, but without remedy f. 600. A. B. The Church Interdicted f. 620. B. Alberic the Pope's Legate in England and Scotland f. 293. E. He directs the choice of an Archbishop of Canterbury Ibid. Albert, the Pope's Notary, his Offer to Earl Richard f. 609. F. William de Albany made Governor of Rochester Castle by the Barons f. 503. lin. 2. He is taken Prisoner by the King Ibid. B. Philip de Albiney beateth the French at Sea f. 526. F. He accompanied Earl Richard into Gascoigny f. 535. E. Alcuinus wrote against Image worship f. 109. A. Aldermannus a general word for many Officers f. 70. F. Alexander Caementarius maintained King John's Cause against the Pope f. 480. F. How he was punished by the Pope f. 481. lin. 2. Alexander A Friar Minor, the Pope's Collector in England f. 598. E. Alexander King of Scotland doth Homage to Prince Lewes f. 514. D. He married Joanna King Henry the Thirds Sister f. 530. B. His Demands of King Henry f. 565. B. He refused to hold any thing of the King of England f. 590. A. An Agreement between him and King Henry f. 568. D. and 592. A. He refused the Pope's Legate entrance into Scotland f. 568. E. His death f. 603. lin. 1. Alexander his Son Married Margaret, Daughter to King Henry f. 606. B. He doth Homage to King Henry Ibid. C. His modest Answer to King Henry's Demands Ibid. D. He and his Queen came into England f. 619. D. Alexander the Fourth Pope of Rome Invested Edmund the second Son to King Henry, with the Kingdoms of Sicily and Apulia f. 614. D. He Decreed that every Bishop, Abbat and Prior should come to Rome, and compound for his Confirmation f. 622. B. He threatened to censure King Henry for his Excesses Ibid. F. He is appeased with 5000 Marks f. 623. lin. 3. His death f. 636. A. Alfred Divided Shires into Hundreds f. 83. F. Algar Earl of Northumberland unjustly banished by Edward the Confessor f. 134. C. Alienor, Wife to King Henry the Second, released a great many Prisoners, and who they were f. 419. E. F. She set her Son Henry against her Husband f. 311. F. She caused all Freemen to Swear fealty to her Son Richard f. 420. B. C. Alienor, Daughter to the Earl of Provence, Married to Henry the Third f. 563. A. She is brought to bed of a Daughter at Bordeaux f. 586. E. Almains why so called f. 58. E. Alodium what f. 204. D.E. Alphonso King of Castille his pretences to Gascoigny f 610. B. He quitteth them f. 611. F. Ambiani, who they were f. 35. B E. Ambrose Aurelius overthroweth the Saxons f. 95. F. Amianus Marcellinus his Account of the Saxons f. 57 F. Ancalites who they were f. 10. lin. 2. An Anchorites Advice to the Monks of Bangor f. 103. C. Andeli Castle surrendered to King Philip of France f. 473 F. Anjou doth Homage to Henry the Third f. 545. A. Anselme Abbot of Bec, pressed to accept the Arch-Bishopric of Canterbury f. 225. B. He demanded restitution of all Church Lands f. 225. C. He falls from the King's favour f. 226. B. C. The great difference between King Henry the First and him Ibid. D. E. and 227, 228, etc. The Bishops advise him to obey the King; his Answer f. 227. A.B. He refused to receive his Pall from the King f. 228 E. F. He refused to appear at the King's Court f. 229. A. B. He desired leave to go to Rome, but is denied Ibid. C. He goes without leave, and his Arch-bishopric is seized Ibid. D. E. F. He desired the Pope to ease him of his Dignity, but is denied f. 230. B. He is recalled by the King f. 234. E. The Case of the Queen determined by him in a Council at Lambeth f. 235. A. B. He reconciled the Norman Nobility to the King f. 235. E. F. He refused to do Homage to the King f. 256. A. He denied the King the Right of Investitures, and advised him to be obedient to the Pope Ibid. B. C. He presided in a Council at Westminster f. 257. F. He refused Consecration to such as were Invested by the King f. 258. A. A wrangling intercourse between him and the King Ibid. D.E.F. He goeth to Rome f. 259. A. B. His Account to the King of what he had done at Rome f. 260. A. His return into England prohibited f. 259. F. and 260. B. He excommunicated the King's Counsellors Ibid. C. He is reconciled to the King f. 261. A. His Answer to the Bishop's request for relief against exactions Ibid. E. F. His sickness at Bec, and the King's promise to him f. 262. A.B. He is observantly treated by the Queen Ibid. C. He exacted obedience from the Archbishop of York f. 263. D. He refused to give his Benediction to Thomas Elect of York, till he made his profession to Canterbury f. 264. B. His death Ibid. C. Anzazim His treacherous attempt on Prince Edward at Acon f. 666. B. Appeals from inferior Courts to the Kings when allowed. f. 79. A. Of Treason f. 299. E. To the Pope when first used in England f. 295. C. One by the Dean of London Ibid. D.E.F. By the Arch-deaconry of Middlesex f. 296. lin. 1. By the Clercs of the Church of York Ibid. A. B. By Theobald Archbishop of Canterbury Ibid. D. Appeals why so easily allowed at this time by the King f. 296. F. How punished by Henry the Second f. 396. F. Aquitain pawned to William the Second by Duke Robert f. 224. C. William de Archis taketh Arms against William the Conqueror f 187. A. B. His submission, and is received into Favour Ibid. Areani who they were, and their Office f. 36. C. F. Arianism creeps into Britain f. 34. F. Armatura what it was f. 47. F. Aron A Jew severely fined for falsifying a Charter f. 604 A. Arthur Nephew to King Richard, declared his Heir f. 428. E. The Norman Nobility adhere to him f. 461. E. He is reconciled to King John, and made Governor of Man's f. 464. A. He doth Homage to King John f. 465. A. B. He besieged Queen Alienor, is defeated and taken Prisoner f. 471. A. B. C. His Demands of his Uncle King John Ibid. E. He was sent Prisoner to Roven, and never more heard of Ibid. F. Artificers of all Sorts in the Roman Army f. 5. F. Arx Brittannica what it was f. 12. F. Assize what f. 164 B. Of Arms appointed by Henry the 2d. f. 337. A etc. Atac●ts who they were f. 35. B. F. Edgar Atheling kindly treated by William the Conqueror f. 191. B. He is Assisted by the Danish Fleet and Northumbrians, f. 195. B. Athelstane obtained many Victories over the Danes, Scots, Irish and Welsh, f. 118. B. C. Foreign Princes purchase his favour with gifts Ibid. D. How he valued every man's Life f. 119 A. etc. Augustin sent from Rome to convert the Saxons f. 101. A. How he approached King Ethelbert, what Answer he received and what Habitation was assigned him Ibid. C. D. F. He was Ordained Archbishop of England f. 102. l. 3. The Questions he sent to Pope Gregory, and Answers he received from him Ibid. B. C. D. E. He was empowered to ordain an Archbishop and Twelve Suffragan Bishops f. 103. l. 1. The British Bishops oppose him Ibid. A. B. C.D. His Death f. 104. A. Augustin an Irish man made Bishop of Waterford by H. 2. f. 365. B. Augustus attempted nothing upon Britain f. 10. E. Aids Capital how many f. 166. B. B BAldwin de Redvers fortifieth Exeter Castle against King Stephen f. 274. A. He is defeated, his Lands Seized, and he banished Ibid. B. Baldwin Archbishop of Canturbury accompanied King Richard to the Holy Land f. 427. f. His death at the Siege of Acon f. 428. f. Hugh Balesham chosen Bishop of Ely against the King's recommendation f. 620. A. Hugh Bardolphs' Demands of the Bishop of Durham f. 445 C The Bishop's Answer to him Ibid. E. Barony a name of Office, and when first hereditary f. 81. B. Barons refuse to obey King John unless their rights were restored f. 469. D. They confederate against him f. 488. B.B. f. 494. A. B. Their Oath and Demands Ibid. C.D.E. They meet at Stamford, their Names f. 495. B. C. D. What Laws and Libertis they desired Ibid. E. F. They choose Robert Fitz-Walter their General f. 496. A. They threaten ruin to such as adhered to the King Ibid. C.D. They meet the King and obtain their desires f. 497. A. etc. 25 appointed to see the peace and Liberties observed and kept f. 498 A. Their Names and Oath they took Ibid. E. F. All to be imprisoned that refused to obey them. f. 499. E. What Caution they exacted of the King for performance of his Grants Ibid. F. They call London their Receptacle f. 500 F. They Despise the Pope's Letters, and consult how to secure London f. 502. F. They are Excommunicated by the Pope f. 503. D. & 506. A. Their Castles taken and Estates spoilt by the King f. 505. D.E. They choose Prince Lewis for their King, and send Hostages for his Security f. 507. A. B. They do Homage and fealty to him f. 510. l. 4. Their success in Norfolk Suff. and Cambridgeshire, etc. f. 514. A. How Prince Lewis designed to deal with them Ibid. E.F. They repent of their Treasons, but despair of pardon f. 515 A. They pursue the King from place to place f. 516. A. What moved them to return to their Obedience f. 517. B. They are doubtful whether they should adhere to Henry 3d or Prince Lewis f. 524. A. Many of them return to their Allegiance f. Ibid. C They refuse to deliver up their Trusts to the King when he was of age f. 533. C. They take Soutage of their Tenants by the Kings Grant f. 534. f. They of Normandy, Britain, Poictou and Anjou do their Homage to young Lewis King of France f. 540. B. They of England, and Richard Earl of Cornwall confederate against King Henry Ibid. f. They demand Restitution of their Charters f. 541. l. 4. They refuse to obey the King's Summons upon pretended fears of Strangers f. 554. D. E. Their insolent Message to the King Ibid. F. They come armed to London f. 555. B. The Reply they made to the King's Demands f. 566. B. They come armed to London to meet the King f. 569. f. They oppose the Kings Engaging in a War with France f. 582. B. Their reasons against it at that Juncture Ibid. D. E. Their Answer to the Kings Demand of an Aid f. 590. C. They treat separate from the Clergy Ibid. D. Their Complaints to the King, and requests Ibid. E.F. How they would have the Government managed f. 591 l. 1 Their project of a new Government Ibid. B. They deny the King an Aid against the Welsh Rebels, f. 592. C. They deny him an Aid in a Parliament at London f. 600. f. They reprove him for Miscarriages, and deny him money f. 601 A. D. & f. 615. F. They favour Monfort Earl of Leicester, and reflect upon the Gascoigns. f. 609. D. They Demand to choose the Justiciary Chancellor and Treasurer f. 614. B. Their reason against the Kings undertaking an expedition into Sicily f. 616. B. etc. They deny the King Assistance f. 624. l. 2 Their complaints against him Ibid. A Their proposals to him at Oxford, and his Grant Ibid C.E.F. They came Armed thither f. 625. A. B. 24 chosen to correct what was amiss in the Government Ib. CDE What they required of the King f. 626. B.C. What Parlements they ordained should be holden Ibid. E.F. They quarrel with the King about his Brothers, etc. f. 628. D. They choose the Justiciary Ibid. E. Their Oaths of Confederacy f. 629. A, etc. Their Practices to enrich themselves f. 630. F. Their Letter to the Pope to excuse themselves f. 631. A. Their Complaints against the King's half Brothers f. 632. C. D. Several of them sent to a Parliament in France f. 633. E. F. They summon three Knights of every County to meet them at St. Alban f. 637. F. They arm themselves and seize the King's Towns f. 639. D. The Articles of Peace between them and the King f. 640. A. Their Letter and Offer to the King f. 641. A. C. They force the King to consent to a new Form of Government f. 643, 644, 645. They send to the Pope's Legate and King of France to confirm their proceed Ibid. C. They and Montfort overthrown by Prince Edward, and the King set at Liberty f. 652. C. D. All of them that adhered to Montfort disinherited f. 653. E. A time set them to come in and make their Peace f. 656. B. They enter and possess themselves of the Isle of Ely f. 657. F. Their Forfeitures turned into Compositions f. 658. B. C. Their Answers to the Legates Admonitions f. 659. F. Their insolent Demands of the King f. 660. E. Gilbert Basset falls under the King's Displeasure f. 555. A. He is received into the King's Favour and Council f. 560. E. F. Bastardy no bar to inheritance of Princes f. 186. A. Batavians who they were, and where they dwelled f. 26. B. Battle or Duel, what it was, and when granted f. 66. C. D. The manner of claiming by it f. 147. E. F. Bailiffs what they were in Normandy and their Power f. 162. A. Bailiwick what it anciently was f. 153. F. Thomas Becket His Birth, Education and first Preferment f. 378. C. D. E. He is made Chancellor to Henry the Second, his popular Entertainments f. 302. C. and 379. A. Kings and Noblemen Sons committed to his trust Ibid. B. Noblemen and Knights do him Homage Ibid. C. He Swears Homage to Prince Henry f. 304. C. His Great Bounty, Liberality and Retinue f. 379. C. D. He is chosen Archbishop of Canterbury f. 304. D. & 379. E. F. He altered his manner of living f. 380. A. The King's mind alienated from him Ibid. B. C. D. He maintained the Exemption of Clercs from Secular Power and Jurisdiction f. 381. A. B. and 389. B. C. His Answer to the King's Demands whether he would observe his Royal Customs f. 381. C. and 390. A. B. He consents to own the King's ancient Laws f. 382. C. D. and 390. C. D. He reputes of what he had done f. 382. F. 390. E. His attempt to go over Sea hindered f. 383. A. The Controversy between him and John Marshal Ibid. B. C. He is cited into the King's Court, but did not appear Ibid. D. E. He is accused of Treason for refusing f. 384. C. Judgement demanded and pronounced against him, and his submission to the Sentence Ibid. D. and 385. A. 390. F. He is Prosecuted in two other Cases f. 385. B. C. D. He was advised by the Bishops to compound with the King Ibid. E. He appeals to the Pope f. 386. C. E. His answer to the King's demand whether he would stand to the judgement of his Court f. 393. A. He prohibited the Bishops from meddling in his Case f. 387. A. He was minded of his Oath at Clarendon, and his Answer Ibid. C. D. E. F. His Demeanour before the King f. 391 E. The King's complaint against him Ibid. F. His Answer to the Barons f. 388. C. He took Ship at Sandwich and Landed at Gravelling f. 389. A. He is owned and judged a perjured Traitor by the King, Bishops and Great men f. 392. A. E. His obstinate Answer to the Earl of Leicester Ibid. F. He was kindly received by the French King f. 393. C. 397. A. The Pope would hear nothing against him Ibid. E. He is charged by the King with 30000 l. but pleads his Discharge Ibid. F. He asserted Kings received their power from the Church f. 395. A. 400. l. 2. His Speech or Epistle to the King Ibid. C. D. E. His reservations and Threats Ibid. F. He Nulls the King's Laws and Excommunicates the Abettors of them f. 396. A. B. C. His Revenues and Possessions Seized Ibid. F. His Relations Banished f. 397. l. 2. The Pope writes in his behalf to the King and Bishops Ib. B. C. D. His Suffragan Bishops writ to him in the King's behalf f. 398. B. etc. His Answer to their Letter f. 399. E. etc. He Excommunicated such as adhered to the King f. 400. D. E. F. & 406. B. C. And all that received Benefices from Laymen f. 401. A. A meeting between the King and him Ibid. C. The King's offer to him approved by the French King Ib. D. E. F. The great men of England and France against him f. 402. l. 1. He is reconciled to the King, but soon breaks ff Ibid. E. He excites the Pope against the King f. 403. A. He suspended the Archbishop of York for Crowning young Henry, and the Bishop of Durham f. 404. E. F. He is again reconciled to the King f. 405. C. D. His return into England f. 406. B. He Excommunicated all the Bishops that were present at young Henry's Coronation Ibid. C. D. He was Murdered by 4 Knights while he was at Mass Ibid. E. He was Canonised for a Saint, and famed for Miracles f. 413. A. B. C His Translation Ibid. D. E. The Riches of his Shrine f. 414. A. A Jubilee for him once in 50 years Ibid. B. C. Becket Fair why so called f. 413 F. Robert de Belismo Summoned to Trial by Henry 1. His Crimes f. 237. E. He fled and fortified his Castles f. 238. A. B. His Estate and Honours taken from him in England Ibid. E. His great strength and possessions in Normandy Ibid. F. He burned the Abbey of Almanisca and beat Duke Robert f. 239. B. C. Duke Robert made a Peace with him without the King's knowledge f. 240. A. B. His cruelty and inhumanity to such as favoured King Henry Ibid. F. He is impeached and imprisoned by the King's Court f. 245. E. Beneficia the same with Feuda among the Germans f. 72. B. Stephen Berkstede Bishop of Chichester promised Heaven to such as died fight for the Barons f. 645. B. Robert Fitz Bernard made Governor of Waterford and Wexford f. 360. F. Bibroci who they were f. 10. l. 2. Hugh Bigot Burned Norwich f. 318. B. Roger made Earl Marshal f. 596. l. 1, Hugh chosen Justiciary by the Baron f. 628. E. Margaret Biset discovered a Plot against the Life of Hen. 3. f. 571. D. Bishoprics when first removed from Villages to Cities f. 215. A. B. Bishops Chief Justices of England f. 151. B. etc. They oppose Augustin and refuse Subjection to Rome. f. 103. D. Their complaint to King Hen. 3. of Injuries offered to the Church f. 574. B. They are Seconded by the Chapters Ibid. C. They are imposed on by the Pope in the Council at Lions f. 595. E. A new oppression put upon them by the Pope Ibid. F. They absent themselves from a Council at London f. 597. C. They are forced to make large Contributions to the Pope f. 600 D. They oppose the Pope's Demands f. 609. A. Their offer of money to the King upon Conditions f. 610. F. Their reasons against the King's Demands for his Expedition into Sicily f. 617. F. They submit to the King's desires f. 618. D. They, all Abbats and Priors forced to go to Rome and compound for their Confirmation f. 622. A. B. Those that favoured Simon Monfort were Excommunicated f. 659. E. Their Answer to the King's Demands in the Parliament at St. Edmund's Bury f. 661. C. They refuse to assist the King with money f. 663. A. The Pope granted the King a Tenth upon all their Ecclesiastical Revenues for 3 years Ibid. B. C. Their Composition with the King f. 664. C. John Blundus chosen Archbishop of Canturbury f. 550. E. His Election voided by the Pope f. 554. D. Boadicia Barbarously treated by the Romans f. 18. E. She appears at the Head of an Army and is overthrown by Suetonius f. 20. B. She poisoned herself Ibid. D. E. Bockland what it was f. 66. A. The same with Allodium f. 67. A. Bodotria where it was f. 24. B. Boduni who they were f. 12. D. Humfr. de Bohun defeated the Earl of Leicester and took him Prisoner f. 316. A. ● Boioarian Laws when first given f. 60. B. Boniface Chosen Archbishop of Canturbury f. 577. E. Bordarii who they were f. 206. E. Brabanters their Victory over the Britan's f. 314. F. They Besiege Dole and carry it f. 315. A. B. William de Breteul or Bretevil dies without Lawful issue f. 239. C. A great contention who should succeed him Ibid. D. All parties reconciled by Robert Earl of Mellent f. 240. A. Brief why so called f. 175. E. F. brigants who they were f. 14. F. Britanniae Comes who he was f. 41. D. His Ensigns, Court and Officers Ibid. E. Britanniae Dux His Ensigns, Garrisons and Officers f. 43. D. E. F. The Number of his Forces in his Garrisons f. 45. B. The whole Force under his Command f. 47. C. D. E. Britain's divided by the Romans into Provinces f. 36. E. F. Discovered to be an Island f. 25. D. Britan's send their Ambassadors to Julius Caesar f. 1. E. They endeavour to prevent his Landing f. 2. D. They stand amazed at the Roman Ships f. 3. A. They are routed by the Romans, and sue for Peace. Ibid. D. They surprise the Romans in their foraging f. 4. E. Their manner of fight with Chariots f. 5. A. & 8. D. E. Their manner of fortifying f. 7. B. A fight between them and the Romans f. 8. B. Their retreat to Hills and Woods Ibid. They are totally routed and many slain f. 9 A. What their Towns were f. 10. A. A tribute imposed upon them by Caesar Ibid. C. They fail in the payment after his Death f. 11. l. 1. They are overthrown by Plautius f. 12. D. They were vanquished by Claudius and then Honour him as a God f. 13. D. E. They amazed the Romans with their Habits and hideous Gestures f. 18. C. Their Cruel Superstition Ibid. D. They vanquished the Romans and slew 80000. f. 19 f. They are again Conquered by Suetonius f. 20. D. E. They are Civilised by Agricola f. 23. D. E. F. They are Amazed at his Fleet f. 24. F. They associate with the Caledonians f. 25. D. They are totally defeated by Agricola and are made a Roman Province f. 26 A. B. C. E. They conform themselves to the Roman Laws. f. 27. E. They secure themselves in Fastnesses and Bogs f. 30. B. They yield part of their Country to Severus, and make Peace with him Ibid. C. D. Many of them that were transported by Maximus, were seated in Britain in France. f. 38. A. They revolt from the Romans, and what Encouraged them f. 39 A. They are horribly infested by Scots and Picts Ibid. B. They petition Honorius for Assistance, and are relieved Ibid. C. The Romans Speech to them Ibid. E. Their miserable State after the Romans departure f. 40. A. and 93. B. They send for Relief, but in vain f. 40. B. They were invaded by the Scots and Francs f. 58. A. What their Government was after the Romans Departure is uncertain f. 93. D. Their Looseness and Debauchery Ibid. F. They were miserably destroyed by the Saxons f. 95. C. D. Their Bishops refuse the Pope's Jurisdiction f. 103. A. B. They would not accept Augustin for their Archbishop Ibid. E. Britan's in France confederate against Henry the Second, but are subdued f. 306. E.F. Britain annexed to the Crown of France f. 562. C. Four British Bishops at the Council of Arles f. 33. E. Three at the Council of Ariminum f. 35. lin. 1. William Briwere, His Answer to the Great men's Demands of a Confirmation of their Liberties f. 531. F. Bucinobantes, who they were f. 36. D. Burgundian, Laws when first given f. 60. A. Byrinus converted the Westsaxons f. 105. E. C. JUlius Caesar resolved to attempt Britain f. 1. C. He sent Caius Volusenus to discover the Island Ibid. E. He made Comius King of the Attrebati Ibid. E. His Arrival on the Coast of Britain f. 2. B. His Ships (where his Horse were) are scattered by Tempest and Storm f. 4. A. His Standard-bearers Courage f. 3. B. His Return into Gallia f. 5. E. He went every year into Italy f. 6. lin. 4. The Senate Decree him a Supplication Ibid. E. His Return into Britain, and Success against them f. 7. B. His Fleet suffered much by Storms Ibid. D. He Commands the shattered Ships to be drawn on shore f. 8. lin. 1. His Ship camp what, and where it was Ibid. F. He marched to Cassibelans' Country f. 9 A. And takes it f. 10. A. He returned to Rome through Gallia Ibid. D. His Oblation to Venus Ibid. D. He imposed a Tribute upon the Britain's Ibid. C. Caledonians who they were f. 24. F. Caligula his Luxury and Impositions f. 11. D. His Expedition into Gallia and Britain Ibid. His vaunting Letters to the Senate Ibid. E. His ridiculous gathering of Cockle-shells f. 12. l. 1. Cambridge Castle built by the Conqueror f. 194. A. B. John de Camecava sent hither by the Pope to be Beneficed fol. 605. F. Gerard de Camvill appealed of Robery and Treason and his Answer f. 442. E. F. Cangi, who they were f. 14. F.. Canon-Law, when first used in England f. 296. F. Capitulary of Charles the Great, by whom Collected f. 61. A. It was esteemed the Common-Law of Germany Ibid. D. E. Caracalla his Inhumanity and Cruelty f. 30. F. Carausius rebelled against Dioclesian and assumed Britain fol. 31. E. Cartismandua betrayed Cataractus f. 15. A. She discardeth her Husband Venutius f. 17. B. Cassi, who they were f. 10. lin. 2. Cassibelan made General of the Britain's f. 8. A. His Policy to weary out the Romans. f. 9 C. Who he was Ibid. E. He was defeated in attempting the Roman Ship-Camp fol. 10. B. He sueth to Caesar for Peace and obtained it Ibid. C. Cataractus his Character and great Courage f. 15. B. C. D. He was delivered Prisoner to Ostorius with his Wife and Daughter f. 16. A. They are carried to Rome, and honourably treated, and set at Liberty by Claudius Ibid. C. Cattuellani, who they were f. 12. D. Celts, who they were f. 33. C. F. Cenemagni, who they were f. 10. lin. 2. Champion from whence derived f. 150. E. Chancellor his Office in elder times f. 152. F. Charta Magna, & de Foresta, when granted f. 497. C. To be read in all Bayliwics f. 499. B. Charter of Liberties to be commanded to be observed f. 528. E. None to be sealed with the King's Great Seal till he was of Age f. 529. A. Of Liberties and Forests granted by King Henry the Third f. 535. B. Both solemnly confirmed f. 611. B. C. Hugh de Chaumont taken Prisoner by King Richard's Domestic Servants f. 453. E. Earl of Chester threatened King Henry the Third, and Justiciary Hubert f. 533. D. He would not permit any Religious within his Jurisdiction to pay any thing to the Pope's Collector f. 543. A. He was left General of Henry the Thirds Army in France f. 545. E. He made inroads into Anjou and Normandy Ibid. F. He defeats the French Kings Designs f. 546. E. His Reply to King Henry's Demand of an Aid f. 548. B. He dissuaded the King from his severity to Hubert de Burgh his Justiciary f. 551. A. Christian Religion not planted in Britain in Tiberius Nero's time f. 11. B. When first planted in this Kingdom, and by whom f. 17. E. F. Christians persecuted throughout the Empire f. 32. D. E. Chrysantas Bishops of Constantinople made Vicar of Britain f. 38. F. Cincia, Daughter to the Earl of Provence, Married to Richard Earl of Cornwall f. 588 F. She is brought to Bed of her Son Edmund f. 603. A. Cistercian Monks denied King Henry the Third one years' profit of their Wool f. 587. F. They compound with King Richard for their Wool f. 442. C. Clamores Populi what f. 334. E. Gilbert de Clare, Earl of Gloucester, deserted S. Montfort Earl of Leycester f. 650. C. He raises an Army and enters London f. 662. C. He demands the Tower, but is denied Ibid. E. He sues for Peace and obteins it Ibid. F. What Security he gives for his good behaviour f. 663. A. Clarendon, Statutes made there by Henry the Second f. 326, etc. and 382. B. Claudius chooseth Britain for his Province f. 12. A. His Victory over the Britain's, and is Saluted Emperor f. 13. D. E. His Triumph and the Honours done him f. 14. A. His kind Reception of Cataractus f. 16. C. He was surnamed Britannicus f. 13. F. He sent Aulus Diclius his Lieutenant into Britain f. 17. A. Clement the Fourth chosen Pope f. 654. C. He granted to King Henry the Third a Tenth for three years on all Ecclesiastical Revenues f. 663. B. C. Clergy of Berkshire refuse to comply with the Pope's Legate f. 576. C. Their Reasons against paying any Money to him Ibid. D. Their Jurisdiction in England restrained by Henry the Third f. 599. D. E. Italian and Roman their yearly Revenues in England f. 592. F. f. 610. A. Clergymen, Judges and Lawyers in the Conqueror's time f. 154. E. F. They were first brought under Military Service by him f. 212. A. Exempt from Lay-Courts f. 169. A. Not to give Judgement in Life, or loss of Member f. 215. B. A Canon for their Security against the Rapine of Soldiers f. 295. A. Their Insolence and Wickedness in Henry the Second time f. 380. F. 381. F. and 182. All such as adhered to Prince Lewes were to be banished f. 528. D. All that were beneficed to pay a Fifteenth to the King f. 539. E. All the Italian Clergy plundered of their Corn and Money f. 548. D. Clerus & Populus, Who f. 395. A. Clodius Albinus made Governor of Britain f. 29. B. Cnute chosen King by the Bishops and Abbats f. 126. C. His Success against Edmund Ironside f. 127. A. He surpriseth the Witnesses to the Agreement between them Ibid. B. C. His endeavours to ingratiate himself with the English f. 128. A. B. C. He built Bury-Abby Ibid. D He gained Norway by Bribes Ibid. E. His great Justice in some things Ibid. F. The Constitutions and Laws he enforced and made f. 129. B. C. D. He divided his Kingdom among his Sons Ibid. Miles Cogan made Governor of Dublin f. 357. C. He overthrew and beheaded Hasculf Ibid. D. He was made Constable of Ulster f. 369. C He was treacherously slain f. 371. A. Richard his Brother succeeded him Ibid. D. Cogidunus a Britain confederated with the Romans f. 15. A. Sir Edward Coke his Assertion about the Norman Law groundless f. 180. D. William de Coleingham his Courage and Fidelity f. 511. lin. 4. Comes, a Title of great Honour and Office f. 80. E. Comes Britanniae, who he was f. 41. D. Littoris, who he was f. 42. lin. 1. and E. What Soldiers and Garrisons under his Command f. 42. B. He was a Judge in the Germane Laws f. 79. E. Commodus the Emperor Strangled by Narcissus f. 29. C. Community of the Clergy and Laity sent Letters to the Pope and Cardinals about Exactions f. 598. A. B. C. They choose twelve to represent them in Parliaments f. 627. A. C. The Names of the Twelve Ibid. D. E. Conradus Salicus his Constitution about Fees f. 73. lin. 1. Conservators of the Peace appointed by Henry the Third while he was S. Montforts' Prisoner f. 642. D. They summon four Knights from every County Ibid. F. They choose the King's Counsellors and great Officers f. 644. A. And displaced them at their pleasure Ibid. B. Constantine the Great, how he Governed the Empire f. 33. C. He drew the Garrison off from the Frontiers Ibid. D. He called two Councils at Arles and Nice Ibid. E. He divided the Empire between his Sons f. 34. lin. 4. The Junior murdered f. 34. A. Constantin a Citizen of London, Author of a great Riot there f. 530. E. His insolent Answer to the King's Justiciary f. 531. lin. 3. He and two more Executed Ibid. A. Constantius Clorus sent into Britain against Carausius f. 32. A. He burned his Ships after his landing, and defeated Electus Ibid. C. He gave Christians free Exercise of their Religion Ibid. F. His Death at York f. 33. lin. 1. Convention or Council of the Great Men at Oxford f. 276. lin. 1. A general one at London, and who called to it f. 291. F. Of Bishops and Chief Men at Wallingford f. 299. B. Of the Bishops and Chief Men at Roven f. 304. A. Of the Bishops and all the Chief Men at London f. 309. F. Of Bishops, Earls and Barons at Northampton f. 324. F. Of Arch-Bishops, Bishops, Earls and Barons at Windsor f. 333 E. Of Bishops, Abbats, Earls, Barons, Clerks and Laics at Gamlington f. 343. E. At Northampton, and who were the Constituent parts f. 441. D. At St. Alban f. 487. E. At Reading f. 490. B. At St. Paul's, London f. 492. A. B. In a Meadow between Stanes and Windsor f. 496. F. The two Charters of Liberties and Forests granted there f. 497. C. Of the Great Men at Westminster f. 529. E. Vid. Parliament. Conveyances of Land where entered f. 79. C. Philip de Covel made Sheriff of Middlesex by Henry the Third f. 654. A. Council of Bishops called at Hartford by Archbishop Theodore f. 106. D. At Hatfield at the Command of four Kings Ibid. E. At Becanceld where King Withered presided f. 107. C. The Acts of it subscribed by Women Ibid. At Cloveshoe where Elthelbald presided f. 108. A. A second there, where Archbishop Cuthbert presided Ibid. C. D. E. At Winchester where Tithes were settled f. 112. C. At Aenham by Ethelred f. 126. lin. 1. What Canons were made there Ibid. A. B. At Winchester by the Conqueror f. 212. F. At Lambeth by Anselme f. 235. lin. 3. At Roven f. 247. F. At Rheims under Pope Calixtus f. 250. B. At Westminster under Anselme f. 257. F. At Troy's to dispose of vacant Churches f. 262. E. At Winchester to which King Stephen was cited f. 278. A. Another at Winchester, which set up Maud the Empress f. 283. F. At Lateran under Innocent the Second f. 294. A. At Northampton by Ottobon the Legate f. 659. E. At Westminster called by the Pope's Legate f. 287. B. At Devises by Maud the Empress Ibid. F. In Normandy with the Decrees made there f. 410. F. and 411. At Westminster by Richard Archbishop of Canterbury f. 414. D. At York by Archbishop Hubert f. 458. D. At Reading by Jo. Ferentin the Pope's Legate f. 475. D. Court of Guard whence it came f. 4. F. Leet and Baron whence derived f. 55. A. Courtesy of England what f. 175. A. From whom brought f. 71. F. Croyland Abbey plundered by the Danes, the great Treasure found in it f. 114. E. Cross, The Controversy between the Archbishops of Canterbury and York about bearing it f. 414. E. Crusado undertaken by the Kings of England and France f. 342. D. Such as refused, were to pay the Tenth of their Estates f. 344. B. They that refused to pay were imprisoned Ibid. E. Cuneus, what it signifies in a Military sense f. 47. E. F. Cunobelin made Governor of the Trinobants f. 11. A. John de Curcy, sets upon Ulster, took Down, and obtained a great Victory over Roderic f. 366. B. C. D. He entered into an Alliance with Amoric de S. Laurentio f. 367. A. B. His second Battle with the Irish at Fern Ibid. E. F. His third and fourth Battles with them f. 368. E. F. and 369. B. He was made Governor of Ireland f. 372. F. Cursac, Emperor of Cyprus taken Prisoner by Richard the First fol. 430. F. He was sent Prisoner to Tripoli f. 431. lin. 4 He is set at Liberty f. 438. A. D. DAnes Invade England f. 109. C. They are vanquished by King Egbert f. 111. A. They receive constant supplies of Men f. 112. A. 114. D. E. They come under the Conduct of Hingnar and Hubba fol. 113. D. They Pillage and Destroy Religious Houses, and all other places f. 114. B. They are overthrown by Aelfred and beg Peace f. 115. B. What King Elthelred granted them f. 123. E. F. Dane-geld, what it was Ibid. Danes said to be Massacred on St. Brice's night f. 124. A. The Truth of the Story questioned Ibid. E. Danish Fleet assist Edgar Etheling, and his Confederates against the Conqueror f. 195. B. David King of Scots invaded England f. 274. C. A Peace between him and King Stephen Ibid. He assisted Maud the Empress f. 279. F. His Army routed by the English f. 280. lin. 1. David Prince of Wales offered his Homage to Henry the Third fol. 575. A. The Agreement between them Ibid. B. C. His Treachery to his Brother Griffin f. 578. lin. 1. He Swears Fealty to King Henry Ibid. C. The Articles of his Charter of Submission f. 580. A. B. C. He offered to hold his Kingdom of the Pope f. 592. D. He besieged and took Monthalt Castle Ibid. F. He died without Issue f. 594. B. Deans rural, who they were f. 537. F. Dermot Fitz-Murchard, Prince of Leinster, ravished Prince Ororic's Wife f. 350. E. He was driven out of his Country, and came to implore the King of England's Assistance Ibid. F. He obtained the King's Letters Patents f. 151. A. He gave large Promises to the English to assist him Ibid. C. D. His Bargain with Richard Earl of Strigul, and Robert Fitz Stephen Ibid. and f. 352. A. He reduced Wexford, and Marched to Ossery f. 353. A. B. The Osserians routed, and their Prince Swear Fealty to him Ibid. D.C. He concluded a Peace with Roderic f. 354. C. He wasted the Country about Dublin Ibid. E. He designed to make himself Monarch of Ireland f. 355. A. He sent for more English Forces Ibid. B. His Death f. 357. B. Dermot Mac-carti Swore Fealty to King Henry the Second f. 359. F. Ralph de Diceto, His Account of King Richard's Coronation fol. 422. A. B. Aulus Didius, Claudius his Lieutenant in Britain f. 17. A. Dinoth, Abbot of Bangor opposed Augustin f. 103. B. C. Dioclesian Saluted Emperor f. 31. D. He was a great persecutor of the Christians f. 32. E. Disinherited vid. Barons, Such as had no Lands how punished f. 659. A. Ditches of Defence where usual cast up f. 87. B. Devil's Ditch where, and its extent f. 86. D. doomsday Book, by whom made, and in what Method f. 205. A, etc. Why so called, and how Towns and Manners were entered f. 206. and 207. A. Donald O Bren breaks his Oath to Henry the Second f. 363. A. He besieges Limeri● f. 364. A. Dorchester made a Bishops See f. 105. F. Dublin besieged and taken by Reymond f. 356. C. D. Besieged by the Irish Princes, and much pressed for want of Victuals f. 357. E. F. 'Tis delivered up to Henry the Second King of England f. 360. D. Duncan by the Assistance of William Rufus obteins the Kingdom of Scotland f. 222. E. He was treacherously slain f. 223. E. Dunstan enjoined King Edgar seven years' penance for forcing a Nun f. 121 F. Dunwich made a Bishops See f. 105. C. E. EAdbald, Son to Ethelbert, relapseth to Paganism, but is again converted by Laurentius f. 104. B. Eadmer, Chaplain to Archbishop Lanfranc, elected Archbishop of St. Andrews in Scotland f. 268. D. He was rejected for his haughtiness Ibid. E. Earls Chief Justiciaries of England f. 151, 152. Earldom, a name of Office, and when it became Hereditary f. 81. B. Not hereditary in King Elfreds' days Ibid. D. What Possessions and Profits belonged to it Ibid. F. and f. 82. A. Easter, a great Controversy about the observation of it f. 106. A. Edgar reproved the Clergy for their idleness and viciousness f. 121. A. He appointed three Bishops to reform them Ibid. B. His Justice and Sobriety Ibid. His great Strength at Sea Ibid. D. He enjoined the Welsh a Tribute of Wolves Ibid. C. Eight Kings swear Fidelity to him Ibid. E. His inordinate Lust punished by seven years' Penance Ibid. F. He built and repaired forty seven Monasteries f. 122. A. Edlingi, who they were f. 82. B. Edmund King of the East Angles slain by the Danes f. 113. E. Brother to Athelstan his success against the Danes f. 120. A. He made many Ecclesiastical Laws Ibid. B. He was unfortunately slain by a Thief Ibid. C. D. Edmund Ironside set up by the Londoners f. 126. D. He was totally defeated by Cnute▪ f. 127. A. Edmund Archbishop of Canturbury f. 559. D. He opposed the Pope's Legates Demands, but at length consented to them f. 575. E. He passed over Sea to Pontiniac Ibid. F. His Death f. 577. lin. 1. Edmund the second Son to Henry the Third Invested with the Kingdom of Sicily and Apulia by the Pope f. 615. C. He undertook the Cross f. 664. E. He was Married to Avelin, daughter to the Earl of Holderness f. 665. B. Edred subdued the Northumbrians and Scots f. 120. E. Edric his Ingratitude and Treachery to his Prince f. 124. F. His barbarous advice to Cnute f. 127. F. He is put to Death f. 128. B. Edward the Elder fought the Danes with good success f. 117. D. He confirmed the League with Godrun, and Enacted many Ecclesiastical Laws f. 118. A. Edward the Younger Murdered by his Mother in Law Elfred f. 122. E.F. Edward the Confessor made King f. 130. E. His unkindness to his Mother, and Marriage with Earl goodwin's Daughter f. 131. A. The Encouragement he gave the French Ibid. B. C. The English murmur against their Preferments Ibid. D. He sent his Queen into a Nunnery f. 133. A. The difference between him and Earl Goodwin composed, and his Queen again received Ibid. E. F. He declared William Duke of Normandy his Successor f. 135. A. Prince Edward Eldest Son to Henry the Third born f. 572. C. The Londoners swear Allegiance to him f. 575. A. He was made Governor of Gascoigny and received their Homage f. 608. A. B. He was Married to Alienor, Sister to the King of Spain f. 613. A. His return into England, and adhered to the Baron's fol. 637. B. C. He was made Prisoner by Montfort f. 640. C. He was sent to Dover Castle f. 642. lin. 2. He purchased his Liberty, but continued a Prisoner at large f. 649. B. D. He made his escape, and raised Forces f. 650. E. His Father declared him a Rebel f. 651. C. He Surprised and Defeated Simon Montfort f. 652. A. B. C. He and his Brother Edmund are signed with the Cross f. 664. E. His preparation for the Holy Land f. 665. C. He was kindly received by the King of France at Tunis Ibid. F. He escaped a great and dangerous attempt upon his Life at Acon f. 666. B. C. Edwin King of Northumberland converted, and then he built York Cathedral f. 104. B. 105. A. Edwin ejected the Monks out of Monasteries, and brought in Seculars f. 120. F. Egbert first Monarch of the Saxon Heptarchy f. 110. B. He vanquished the Danes f. 111. A. He gave the Name to England Ibid. B. Peter Egeblanck Bishop of Hereford, his project to supply Henry the Third with Money f. 615. A. B. He puts it in Execution f. 619. A. Ely Isle defended against William the Conqueror f. 196. C. D. The Abbot and Monks submit upon Terms Ibid. E. F. The Bishopric erected out of Lincoln f. 264. lin. 2. The Church's Plea for Recovery of Lands f. 141. lin. 1. Bishop William Chancellor to Richard the First, and Chief Justiciary f. 425. A. F. He was made Legate f. 426. A. He made the Ditch about the Tower of London Ibid. B. He levied an Aid for the King's use, and displaced the Sheriff of York, and punished the Citizens and Military Tenants Ibid. D. E. A great difference between him and Earl John the King's Brother f. 429. A. His haughtiness Ibid. B. He imprisoned Geofry Archbishop of York f. 432. E. He was summoned to appear in the King's Court, but refused Ibid. F. A Skirmish between his, and Earl John's Retinue f. 433. A. He was charged with great Misdemeanours, and deposed from his Chancellorship Ibid. B. C. The different Characters of him f. 434. A. B. C. His Bishopric seized to the King's use Ibid. F. He hath only the Character of the King's Messenger f. 437. C. Ely Isle taken and plundered, and the Cathedral redeemed from burning by the Prior f. 506. F. The disinherited Barons secure themselves in it f. 657. F. Emme, Mother to Edward the Confessor put to the fire Ordeal f. 133. B. The truth of the story questionable Ibid. C. England by whom so called f. 111. B. Divided into Shires, Hundreds and tithings f. 116. E. English Church Government Independent of the Roman See f. 88 A. The Pope's Confirmation of several Donations no Argument of his Jurisdiction here Ibid. B. Three Objections against this Assertion answered Ibid. C. English Lands how divided and subdivided f. 159. C. D. E. Eorpwald King of the East-Angles converted to Christianity F. 105. B. Erminstreet f. 49. lin. 2. Henry de Essex his Cowardice f. 299. D He was accused of Treason by Robert Montfort. His punishment Ibid. E. Essoins in what Cases allowed f. 166. C. Ethelbald conspired against his Father, and divided the Kingdom with him f. 112. D. E. His Luxury f. 108 B. Ethelbert his Laws made after the Roman Example f. 59 D. He received the Christian Faith f. 102, 103. Ethelmar recommended by King Henry the Third, to the Bishopric of Durham f. 602. E. He was chosen Bishop of Winchester with great reluctancy f. 604. B. C. His Election confirmed by the Pope f. 605. E. He was forced out of England by the Barons f. 628. E. His return denied, and his Bishopric seized f. 635. B. F. Ethelred the Third, Son of Ethelwolph fought the Danes nine times in one year f. 114. A. Ethelred the Son of Edgar by Elfrid, an easy and unactive King fol. 123. A. He was betrayed by the Nobility, and bought his Peace with the Danes Ibid. E. F. He with his Queen, and Sons, fled into Normandy fol. 125. A. B. He was recalled by the English, and joyfully received Ibid. C. His whole Race abjured by the Bishops and Abbats f. 126. C. Ethelwolph granted the Tithes of all England to the Church fol. 112. A. B. All the Kings and Nobility of England subscribed it Ibid. C. He gave 300 Marks yearly to Rome f. 113. lin. 4. Evesham Battle between Prince Edward and S. Montfort f. 652. C. Eustace Earl of Bulloign maketh a visit to Edward the Confessor f. 132. A. Eustachius, Son to King Stephen, his death f. 292. F. Exchequer, English the same with the Norman f. 160. E. Common Pleas holden there f. 61. A. Who Judges, and Assessors, and the diversity of Pleas used there Ibid. B. Normans first sat there Ibid. C. Exetor City standeth out against the Conqueror f. 192. F. They submit and are pardoned f. 493. A. F. Foelix, a Burgundian converted the East Angles f. 105. B. Falcasius de Brent, his Policy and Courage f. 526. B. His unwillingness to part with what he had gotten, by Rapine and Plunder in time of War f. 528. A. B. His Rebellious Practices f. 534. B. He was excommunicated, his Submission and Imprisonment Ibid. D. E. F. He is sentenced to abjure the Kingdom f. 536. A. B. He was encouraged in his Treasons by some great men Ibid. C. Otho the Leg at moved in his behalf, but without Success fol. 537. C. D. A great Fair proclaimed at Westminster to hold fifteen days f. 601. F. Fees when first Hereditary f. 81. B. When and by whom made Servile f. 156. B. They were Originally Military Ibid. C. Three sorts called Tenure in Capite f. 157. lin. 1. Military upon what account granted Ibid. A. To what forfeitures they were subject Ibid. C. D. E. Feudal Tenors, from whence they arose f. 56. D. Feudal Law, not written till Frederic the First f. 72. F. It obtained in France and Germany f. 73. F. How and when it might be relaxed f. 160. A. Feudal Investiture f. 203. F. Fines levied in County Courts f. 146. B. C. Fleming's removed into Wales by King Henry the First f. 246. D. E. They desert King John f. 510. F. Folkland, what it was fol. 66. A. William Foret seized Biham Castle, and plundered the Country fol. 529. D. Pope Formosus, His Letter to King Alfred suspected to be a Fogery f. 90. E. 91. B. William de Fortibus, vid. Albamarle. Fosse way, where f. 49. lin. 2. France Interdicted f. 463. C. Francs, who they were, and where they dwelled. f. 60. E. They Married not their Daughters, without their King's consent f. 73. D. Their Children brought up in the King's Court Ibid. E. Frederic, Abbot of St. Alban with many others take refuge in the Isle of Ely f. 196. B. C. Frederic the Emperor Married Isabel Sister to Henry the Third fol. 562. F. He summoned a meeting of all Christian Princes f. 567. C. He was excommunicated by the Pope f. 572. C. French, they refuse to join with King Richard in the Siege of Jerulem f. 431. E. The Nobility Arm themselves one against another f. 544. C.D. They refuse to submit to the Queen Regent, and leave the Court Ibid. E. Freemen in Germany, who, and their Condition f. 83. E. They were constantly bound to their good behaviour under the Saxons Ibid. F. G. GAfolland, what it was f. 67. F. Galgagus, General of the Caledonians f. 25. F. Gilbert de Grand made Earl of Lincoln by Prince Lewis f. 513. D. Gascoigns Subdued by Earl Richard of Cornwall f. 535. F. They do Homage to Henry the Third f. 545. B. S. Montfort, Earl of Leicester, his success against them fol. 602. F. 606. A. Their Complaints to the King against him Ibid. F. They repeat their Complaints by solemn Messengers fol. 607. A. B. Prince Edward made their Governor f. 608. A. B. English Affairs there in an ill Condition f. 610. C. They crave the King of England's Assistance f. 611. D. Gavelkind, what it was f. 165. C. Geoffrey, Son to the Earl of Anjou, Married to Maud the Empress f. 254 B. He was sent for into England by his Wife, but delayed his coming f. 288. A. D. He gave Anjou to his Son Geofry by Will f. 299. F. An Agreement between him and Henry the Second his Brother f. 300. B. Nants chose him for their Lord. His Death Ibid C. Geofry, Son of Henry the Second, doth Homage to Philip Son of King Lewis of France for Britain f. 307. D. He received the Homages of the Barons of Britain Ibid. E. He was Knighted by his Father f. 333. C. He did Homage to his Elder Brother Henry f. 338. E. He was slain in a Military Conflict f. 341. E. His Wife left with Child of Prince Arthur Ibid. Geofry Bishop of Ely died Intestate, and his Estate seized by King Richard f. 420. F. Geofry, Elect of York, appealed by the Bishops of Salisbury and Durham f. 424. B. His Election confirmed by the Pope's Legate, and he restored to his Arch-bishopric by King Richard Ibid. C. Appeals against him released f. 424. E. His Oath to King Richard f. 425. F. He breaks his Oath f. 432. D. He was imprisoned by the Chancellor, and released by Earl John Ibid. E. F. He outbad the Chancellor for Sheriffwics f. 441. F. He is reconciled to the Chancellor f. 444. B. C. The Canons of York complain against him to Hubert the Justiciary f. 445 D. He was disseised of his Manners Ibid. F. He paid 2000 Marks to the King, and was reconciled to him f. 447. E. Geofry archdeacon of Norwich deserts King John's Service fol. 480. E. His punishment Ibid. Geofry Fitz-Peter made Justiciary of England, by King Richard fol. 450. A. He sent forth Itinerant Justices f. 455. F. Maurice Fitz Gerald Landed at Wexford in Ireland with great Forces f. 354. D. German and French Laws when first composed f. 60. lin. 1. They refused to admit of any Laws, but their own f. 62. A. How they valued men's lives f. 63. lin. 3. How they valued their Cattle and Grain f. 64. A, etc. What punishment they inflicted on persons insolvent Ibid. D. E. What was their rate for all sorts of faults and mulcts Ibid. F. How they purged themselves when accused f. 65. A. Their Tenors agreeable to the Saxons f. 71. B. Their Habiliments of War went with the Land Ibid. D. Their Tenors Feudal f. 72. B. They held their Courts twice in a year f. 74. B. The Bishop and Earl sat together in their Courts f. 74. D. What Matters triable in their Hundred Courts f. 75. C. D. How they forced an Appearance f. 76. C. A Form of their ancient Judgement f. 77. D. E. F. Their Testes and Jurors the same f. 78. lin. 1. What sort of men their Testes were to be Ibid. Their Judges and Officers like to the English Saxons f. 79. E. Their Servants and Freeman, who, and their State f. 83. B. C. D. Their manner of making Laws, and how they agreed with the English Saxons f. 84. B. They secured their Lands by great Ditches f. 86. A. When they held their Councils f. 87. C. Their Princes called and presided, or others by their appointment, in those Councils Ibid. F. Gessoriacum where it was f. 13. F. Gilbert Prince of Galloway doth Homage to Henry the Second f. 329. B. C. Glanvil Justiciary of England of Norman Extraction f. 152. B. Glota where it was f. 24. B. Godfrey Bishop of Winchester disseised f. 443. F. Godwin Earl of Kent his Extraction f. 131. E. He refused (though sent) to punish the Citizens of Canterbury f. 132. B. He was summoned to appear before his Peers for his refusal Ibid. C. He raised an Army, and made bold 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 Grace Bishop of Norwich, chosen by the Monk's Archbishop of Canturbury f. 474. E. The Suffragans oppose his Election f. 475. A. The Pope gave sentence on the Monk's side Ibid. B. His Election nulled by the Pope f. 476. A. Walter de Grace chosen Archbishop 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 Movables 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 Abbot, 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. 20●. 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 Legate ever the Pope sent into England f. 256. E. Baldwin de Gysnes Governor of Monmouth Castle defeated by Richard Earl Marshal 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. Hardecnute 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 William's Messengers f 136. A. His success against his Brothers, and other Enemies 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 settled 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 Father's Lands in Normandy Ibid. B. C. His Justice upon all Outrages, Rapes and Coiners 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 Complete Conquest of Normandy Ibid. B. C. He destroyed his Enemy's 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 rigour 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 Mon●y f. 261. C. D. He kept the Archbishopric 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 Legate to come into England until desired f. 268. A. 269. B. He confirmed the Canons of Councils Ibid. D. And compounded with Priests to l●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 Welsh 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 Surrendered to him by Conan Earl of Britain Ibid. E. And several other Castles yielded and taken Ibid. F. He claimed the Earldom of Tholouse f. 301. B. His Expedition to pursue 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 Soldiers Ibid. E. F. A firm Peace between him and France f. 303. A. He received Giso●s and its Dependencies, and took into his hands all the strong Castles in Normandy Ibid. C. D. F. He and the King of France were Yeomen of the Stirup to Pope Alexander f. 304. B. He settled his Affairs in France and returned into England Ibid. E. The King of Scots, Princes of South and North Wales, and their great Men, do Homage to him and his Son Henry Ibid. F. A breach between him and France f. 305. F. They burn each others Towns, but came to a Trucé f. 306. A. 307. A. He subdues the Rebellious Poictovins, Aquitans, and Britan's f. 306. C. E F. A Peace between him and France f. 307. C. He was in danger of being Shipwrackt in his return home Ibid. F. He appointed Inquisitors in all Counties in England f. 308. A. The Articles of their Inquiry Ibid. D. E. F. He caused his Son Henry to be Crowned, and his Great Men to do him Homage and Fealty f. 310. A. B. C. He passed into Normandy and l●ft Young Henry Viceroy Ibid. E. His Son deserts him and adheres to France f. 312. E. His great kindness to his Son the young King f. 313. A. A general Insurrection against him in France. f. 314. A. He routed the King of France, and reduced his Rebellious Britan's to Obedience. Ibid. D. E. F. & f. 315. B. He treated his Sons with great kindness Ibid. C. D. A Truce between him, the King of France, and King of Scots f. 316. E. His return into England, and prevents his Son's designs f. 319. B. He passed again into Normandy, and beat the French Ibid. F. & f. 320. A. B. C. Articles of Peace between him and his Sons f. 321. A. B. They do him Homage f. 322. C. 323. B. He returned into England with his Sons, and Fined all his Great Men for Forfeitures in his Forests Ibid. C. D. His Sons received the Homages of the King of Scots and his Nobility Ibid. F. & 324. A. B. He divided England into six parts, and sent three Justiciaries into every part f. 325. He Demolished several Castles in England, and Normandy f. 329. A. He removed several Constables of Castles in England fol. 330. D. The Welsh Kings and their Nobility do him Homage Ibid. F. He appeals from the Legate to the Pope f. 331. C. D. Articles of Agreement between him and France f. 332. A. etc. The Oath he put upon the Legate f. 333. D. He divided England into four Circuits Ibid. E. He made young Philip sensible of his Duty to his Father Lewis King of France f. 335.336. He received the Homage of Philip Earl of Flanders fol. 336. A. The Peace between him and Philip King of France confirmed Ibid. B. C. He appointed an Assize of Arms in his Dominions Ibid. D. E. His Sons confederate against him f. 339. A. He sent Aid to Pope Lucius Ibid. F. He did Homage to Philip King of France for all his Transmarine Dominions f. 340. A. His Sons reconciled to one another f. Ibid. B. He and the King of France undertook the Cross f. 342. D. Articles of Agreement between them how to carry on and maintain the War f. 343. A. etc. Articles concerning such as had undertaken, and such as refused the Cross f. 344. A. etc. He levied a Tenth upon his Subjects, and imprisoned such as refused to pay it. Ibid. E. His Answer to the Patriarch of Antioch's Letter f. 345. E. F. His Son Richard with the King of France entered and wasted his Dominions beyond Seas f. 346. A. B. 347. D. His Army routed by King Philip f. 348. B. He maketh Peace, and doth Homage to him Ibid. D. E. What furthered his design of Conquering Ireland f. 350. A. etc. He recalled his English Subjects from thence f. 357. A. He Landed at Waterford with a great Army f. 359. E. The Irish Princes and Clergy Swear Fealty to him and his Heirs f. 360. A. B. Ireland confirmed to him by the Pope Ibid. He confirmed the Decrees of a Council held at Cassil Ibid C. He settled the Government and hastened into Normandy Ibid. F. & 361. A. He made his Son John King of Ireland f. 369. E. He divided that Kingdom amongst his Great Officers f. 370. D. His Title to Ireland f. 374. D. The Affairs of the Church in his Reign f. 377. to 414. His Laws condemned by the Pope f. 394. A. His Edict against the Pope and Thomas Becket Archbishop of Canturbury Ibid. B. C. D E. F. His Edict against such as should bring Letters of Interdiction f. 396. D. How Appellants to Rome were punished Ibid. F. His Answer to the Pope's Letter in behalf of the Archbishop f 397. E. F. His Kingdom threatened to be Interdicted f. 403. C. D. He appealed, and promised to submit to the Pope Ibid. F. His Reply to the Excommunicated Bishops Petition f. 406. D. The Archbishop of York exasperated him against the Archbishop of Canturbury Ibid. F. How his Envoys were received at Rome f. 408. A. B. His Expense at the Court of Rome Ibid. C. D. His purgation for the Death of Thomas Becket f. 409 D. His Oath of Satisfaction and Pennance f. 410. A. etc. The manner of his Approach to St. Thoma's Tomb f. 412. D. E. F. He Cursed his Sons, and soon after died f. 349. B. C. His Taxes and Issue Legitimate and Natural f. 416.417. 418. The great Treasure he left f. 421. lin. 3. Henry 3. declared King and Crowned f. 522. C. D. His Oath and Homage to the Pope Ibid. E. He received the Homages of the Bishops and Earls. Ibid. A Truce between him and Prince Lewis f. 524. B. A Peace concluded between them. The Form of it f. 527. B. C. D. He was Crowned a second time. An Aid granted him f. 529. C. 530. B. He Confirmed the Charter of Liberties f. 532. lin. 2. His Writ of Inquiry to 12 Knights to search what they were Ibid. A. He demanded Normandy of King Lewis Ibid. ●. He was declared of full Age by the Pope f. 533 A. B. His Lenity to Rebels an encouragement to them f. 529. F. His grant to his Great Men to take Scutage of their Tenants f. 534. F. He granted the Charters of Liberties and Forests f. 535. B. C. He Knighted his Brother Richard and made him Earl of Cornwall Ibid. E. H● appointed 12 Knights to set the number and bounds of Forests f. 536. D. E. He forbade the Prelates obliging their Lay-Fees to the Pope f. 538. C. D. He Fined the Londoners and Canceled the Charters lately granted f. 539. D. F. A great quarrel between him and Earl Richard f. 540. D. E. He is reconciled to his Brother, and his Great Men f. 541. A. He appointed new Measures of Grain, Wine, and Ale Ibid. B. He made a disadvantageous Peace with the Welsh Ibid. F. He was invited into France, but rejected the Offer f. 542. A. His Messengers at Rome promised the Pope a Tenth of all Movables in England, and Ireland Ibid. B. He prepared to go over Sea, but wanted Ships f. 543. B. C. He laid the Blame on Hubert Earl of Kent Ibid. D. An Interview between him and the King of Scots Ibid. F. A great Sum granted for his Expedition into France f. 544. l. 1. He received the Homages of the Britan's, Anjovins, Poictovins, and Gascoigns Ibid. A. B. & f. 445. B. His Army impoverished, and his return into England Ibid. D. E. He demanded Scutage of his Military Tenants f. 546. A. He was dissuaded from marrying the King of Scots Sister f. 547. E. His Great Men deny him an Aid f. 548. A. B. He pleads his Poverty, and called his Great Officers to an account f. 549. E. F. He was much incensed against Hubert Earl of Kent f. 550. D. A fortieth part of all Movables granted to him Ibid. E. His Severity to Hubert f. 551. C. 552. A. B. He is moved to compassion towards him Ibid. C. He removed Englishmen from his Councils f. 553. F. The Insolent Message he received from his Barons f. 554. F. His Military Tenants that refused to obey his Summons treated as Traitors f. 555. C. D. He broke his promise to Richard Earl Marshal f. 556. lin. 3. He commanded the Bishops to Excommunicate him, but they refused him Ibid. D. His Army defeated by the Mareschals Policy Ibid. E. F. He was advised by the Bishops to remove Foreigners from his Council, and his Answer f. 559. B. C. He reform his Court, and made a Truce with Wales Ibid. E. F. & f. 560. F. His Summons to his old Counsell●rs to stand to the Law f. 561. B. He sent Assistance to the Earl of Briton f. 562. A. He married Alienor Daughter to the Earl of Provence f. 563. A. He removed several Sheriffs and Court Officers f. 564 D. E. His Chancellor refused to deliver up the Seal Ibid. F. He endeavoured to void such Grants as wanted the Pope's confirmation f. 565. A. His gracious Offer and Demand f. 566. A. A thirtieth part of all Movables granted, and the condition upon which it was to be paid Ibid. E. & f. 567. lin. 1. His Liberality to Strangers f. 568. lin. 3. An Agreement between him and the King of Scots Ibid. C. D. He sent Assistance to the Emperor f. 571. A. A Plot against his Life discovered Ibid. D. His displeasure against Simon Montford f. 573. A. The Emperor's complaint against him f. 574. C. He owned himself the Pope's Feudatary Ibid. D. He countenanced Papal exactions on the Clergy. f. 576. B. He was displeased with the Italian Clerks f. 577. D. He received the Homage of David Prince of Wales f. 578. C. He Resolved upon an Expedition into France, though dissuaded by the Parliament. f. 581.582. How he was received in Gascoigny f. 583. F. His Daughter Margaret contracted to the King of Scots eldest Son Ibid. He refused to renew the Truce with France f. 584. B. The Earl of March deserted him f. 585. D. He was put to great straits and many flights Ibid. B. & f. 586. A. B. Scutage paid him all over England f. 587. A. His Great Men leave him and return to England Ibid. B. He sent into England for supplies of Victuals and Money f. 587. C. & 588. A. He was much deceived by Foreign Counsels f. 587. D. A Truce between him and France confirmed f. 588. B. His return into England, and Pompous reception Ibid. C. D. He seized the Normans Estates in England f. 589. D. E. The King of Scots refused to be his Tenent f. 590. A. The Great Men refuse him an Aid unless their Grievances were redressed Ibid. C. E. F. A new Government projected for him f. 591. B. His promise to the Great Men Ibid. E. Articles of Agreement between him and the King of Scots f. 592. A. His success in his Expedition against the Welsh f. 593. F. & 594. A. He first prohibited, and then consented to the Pope's Exactions f. 596. B. C. D. E. He restrained the Jurisdiction of the Clergy f 599. D. E. He was sharply reproved by his Great Men, and then promised them to correct what was amiss f. 601. A. His Speech to the Parliament Ibid. C. He was constrained to sell his Jewels and Plate Ibid. D. E. His wants forced him to ask Money of his Subjects f. 602. B. C. D. He and several of the Nobility undertake the Cross f. 603. B. He retrenched the Expense of his Household f. 604. E. His Daughter Margaret married to Alexander King of Scots f. 606. B. The Pope solicited him to assist the King of France Ibid. D. Simon Montfort Earl of Leicester gave him the Lie f 607. E. The Great Men take his part against him f. 609. D. His want of Money reduced him to great straits f. 610. D. A tenth of all Church Revenues for three years, and a Military Aid of three Marks granted him f. 611. A. B. His Expedition into Gascoigny and success Ibid. D. E. His Message to the Parliament at London for Assistance against the King of Spain f. 612. B. The Answer of the Queen, Earl Richard, and the Great Men Ibid. C. D. E. F. The Expenses of his Expedition. f. 613. B. He asked Money of his Great Men, but was denied f. 614. A. His journey into Scotland to remedy his Daughter's Complaints Ibid. E. His Brother Richard and the Great Men refused to lend him Money f. 615. E. F. His Demands for his Expedition into Sicily f. 617. B. C. D. Hard Conditions put upon him by the Pope f. 618. E. F. His kindness to his Brothers, and various ways to raise Money f. 620. E. F. The great Interest of his Debts f. 621. A. He demanded his Rights in Normandy and France f. 622. C. He appeased the Pope with a Present of 5000 Marks f. 623. lin. 3. He is upbraided by Montfort f. 624. B. He put himself under the Pope's power Ibid. D. What he granted the Barons in the Parliament at Oxford f. Ibid. E. F. Why he l●ft out the Titles of Duke of Normandy and Anjou f. 635. C. He employed the Treasure in the Tower to repair it f. 636. D. False Stories reported of him Ibid. E. The Pope absolved him from his Oath to the Barons Ibid. F. He is reconciled to his Great Men, and confirmed the Oxford Ordinances f. 638. A. B. He displaced such Officers as were appointed by the Barons Ibid. D. The reasons why he stood not to his Oath Ibid. E. The Articles of the Peace between him and his Great Men f. 640. A. His Success against several places, and refusal of the Barons Offer Ibid. E. F. & f. 641. D. He and his Brother Richard taken prisoners Ibid. He appointed Conservators of the Peace f. 642. D. None to bear Arms without his Licence● f. 643. A. He was forced to agree to a new Form of Government f. 644. He stood obliged to confirm whatever Peter Montfort should swear f. 645. E. And forced to own whatever Simon Montfort suggested f. 646. A. etc. His Command to all Sheriffs to keep out Strangers Ibid. B. C. D. E. F. & f. 647.648. A. He was put under Guardians and Keepers f. 649. A. His endeavours to reconcile Simon Montfort and the Earl of Gloucester f. 650 A. B. He declared his Son Prince Edward a Rebel Ibid. E. F. He prohibited all his Subjects to assist him, and commanded the Bishops to Excommunicate him f. 651. A. C. He was forced to declare his Loyal Subjects Rebels Ibid. F. He was wounded in the Battle at Evesham f. 652. F. He seized the Liberties of London f. 653. D. The Rebels Lands given him by Parliament Ibid. E. His Grant of them to his Faithful Subjects Ibid. F. His Clemency to such Rebels as submitted to him Ibid. He appointed a Custos of the City of London f. 654. B. F. His kind Offer to the Disinherited Barons f. 657. B. He was forced to pawn his Jewels f. 660. F. A Tenth upon all Ecclesiastical Revenues for three years granted to him by the Pope f. 663. B. C. He reduced or dispersed the Disinherited in the Isle of Ely f. 664. C. D. His great care to secure his Subjects Goods Ibid. F. His Sickness and Death f. 667. B. Church Affairs in his Reign f. 668, 669, etc. Taxes in his Reign f. 671, 672. The Irish Affairs in his Reign f. 673, 674. His Issue f. 675. Henry Eldest Sonto Henry 2. born f. 299. B. He was married to Margaret Daughter to the King of France f. 303. B. He received the Homages of the Bishops and Abbats of England, King of Scots, Princes of N. and S. Wales, and their Great Men f. 304. C. F. He was made Seneschal of France, and doth Homage to that King f. 307. C. He was Crowned King, and made Viceroy of England f. 310. A. E. He was Crowned again with his Queen f. 311. C. He was alienated from his Father by the King of France f 312. D. He forced his Servants to swear Fealty to him against his Father f. 313 B. He received the Homages of many Great Men and Princes Ibid. E. His designed Expedition into England prevented f. 317. A. 318. F. & 319. B. He was recalled by the French King Ibid. F. His submission to his Father, and kind reception f. 321. A. B. C He did Homage to him f. 323. B. He passed over into Normandy with his Brother Richard fol. 329. lin 1. His undutifulness to his Father, and submission f. 338. C. D. His Brother Geofry did him Homage, but Richard refused Ibid. E. F. He and Geofry confederate against their Father f. 339. A. ●e undertook the Cross against his Father's will Ibid. B. His Death Ibid. Henry Son to Richard King of the Romans sent as an Hostage by the Barons to Dover Castle f. 642. l. 2. He was slain at Viterbo in his return from Jerusalem fol. f. 666. l. 2. Henry Bishop of Winchester King Stephen's Brother made Legate in England f. 277. l. 1. He Summoned King Stephen to appear before him Ibid. A. He sideth with Maud then Empress f. 283. B. He acknowledged her to be Queen Ibid. D. E. His Speech to the Bishops in her behalf against King Stephen f 284. His Answer to the Londoners Petition Ibid. E. He deserted the Empress and adhered to King Stephen f. 285. F. His complaint against the Empress, and design to ruin her f. 287. B. He deposed her, and Excommunicated her Friends Ibid. D. His Repentance, and labours for an Agreement f. 293. A. Henry Earl of Britan doth Homage to Henry 3d f. 543. E. He prevented the French Kings designs f. 546. E. He surrendered Britain to the French, and turned Pirate f. 562. C. D. Henry of Bath Justiciary of Henry 3d accused of Bribery, etc. fol. 605. A. The King much incensed against him Ibid. C. Earl Richard stood his friend and made his peace Ibid. D. Heregeat or Heriot what it was f. 69. l. 1. And when paid f. 82. D. Hereward defended the Isle of Ely against the Conqueror f. 196. C. D. He made his escape f. 197. A. Herlot the Pope's Notary sent into England f. 623. C. He privately withdrew himself f. 632. F. Hertoldus' Governor of Mirabell Castle, his fidelity to Hen. 3. f. 586. B. He was kindly used by the French King Ibid. C. Herulians who they were and where they dwelled f. 35. C. D. Hidage what it was f. 204. B. Hingnar and Hubba, two Leaders of the Danes f. 113. D. Honour what it was f. 199. F. Honorius 3d made Pope f. 528. A. He declared Hen. 3. to be of Age f. 533. B. His demands of the English Prelates by his Legate f. 538. B. Their Answer to his Demands f. 539. B. His Demands opposed and rejected in France Ibid. E. F. His Death f. 540. A. Horesti who they were and where they dwelled f. 26. D. Hubert Bishop of Salisbury accompanied King Richard to the Holy Land f. 428. l. 1. He was Elected Archbishop of Canturbury and made Justiciary of England f 438. l. F. He excommunicated Earl John and his Accomplices f. 441. A. He was made the Pope's Legate f. 447. E. He desired to be eased of his Justiciariship, but was denied f. 448. B. What he raised in England in two years for the King's use Ibid. C. The Monks of Canturbury complain against him to the Pope f. 449. F. He was removed from all Secular Offices upon the Pope's Letter f. 450. A. He seized the Oblations at Beckets Tomb Ibid. E. He Crowned King John, and Queen Isabel f. 468. A. His Death f. 474. C. Hubert de Burgh made Governor of Dover Castle f. 509. F. His resolute Answer to Prince Lewis his Summons f. 523. C. He Married the King of Scots Sister f. 530. B. How he punished the London Rioters f. 531. A. B. The great men's complaint against him f. 533. A. He advised the K. to cancel the Charters he had granted f 539. F. He appointed what every one should pay for renewing their Charters f. 540. A. He is made Earl of Kent Ibid. C. He fell under the King's displeasure, but is soon reconciled fol. f. 543. C. D. E. The King wholly guided by him f. 545. A. He was accused for countenancing those that plundered the Italian Clercs f. 549. A. He is removed from his Office and charged with great crimes fol. 550. A, etc. He took Sanctuary and refused to plead Ibid. F. He was forceably drawn from thence f. 551. C. He was restored, but after carried prisoner to the Tower Ibid. E. F. He submitted to the King, and was committed to four Knights f. 552. B. D. He endeavoured to make his escape, but was taken, and ill used fol. 557. C. D. He escaped into Wales in a Soldiers Habit f. 558. lin. 3. He is reconciled to the K. & received into his Council f. 560. D. F. He incurred his displeasure, but was soon reconciled f. 567. B. He stood close to the King when most deserted him f. 569. C. Articles of high Treason drawn up against him f. 573. D. His defence, and how he appeased the King Ibid. C. Huctred or Uctred, Prince of Galloway his cruelties and barbarities f. 318. A. He was slain by his Brother Gilbert f. 322. D. Hue and Cry when and for what allowed f. 166. F. Hugezun came Legate into England at Henry 2d his request f. 415. A. He reconciled the two Archbishops, and gave the King leave to implead Clercs Ibid. B. Hugh de Abrincis made Earl of Chester f. 200. D. E. How he held his Earldom Ibid. What great men held of him, & his Grandeur f. 201. A. B. C. D. E. Hugh Bishop of Durham made Justiciary of England f. 422. F. He was ill treated by the Bishop of Ely the Chancellor fol. 427. lin. 3. He complained to the King and was relieved Ibid. A. Huntingdon Castle built by the Conqueror f. 194. A. I. ICeni Refuse to submit to the Romans but are vanquished by Ostorius f. 14. C. D They and the Trinobants revolt f. 19 A. Jews not permitted to have a Coat of Mail f. 337. E. They were abused and Murdered at King Richard's Coronation f. 422. C. They murder one another in the Tower of York f. 426. C. Articles concerning them given to the Itinerant Justices f. 446. B. C. D. E. F. They were forced to pay one third of their Estates to King H. 3. f. 544. A. The were fined 20000 Marks f. 577. B. They were again forced to pay great Sums f. 588. E. One Fined for falsifying a Charter f. 604. A. Ikenild-street where it was f. 49. l. 1. Image-Worship when first used in England f. 109. l. 4. It was wrote against by Alcuni Ibid. A. Ina King of the Westsaxons his Ecclesiastical Laws f. 107. B. He granted Peterpences to the Pope f. 108. l. 1. Inland what it was f. 67. F. Innocent the 3d made Pope at 30 years old f. 450. D. He Solicited the Kings of England and France to relieve the Holy Land f. 470. C. D. E. His Letter to King John to receive Stephen Langton Archbishop of Canturbury f. 476. C. His Reply to King John's Letter f. 477. A. He threatened to Interdict his Kingdoms Ibid. C. D. He commanded the English Bishops to Excommunicate him, but they durst not execute it f. 480. C. D. He absolved all his Subjects from their Allegiance f. 482. A. He deposed him f. 483. C. His zeal to have him dethroned Ibid. D. E. King John put himself under his Protection f. 501. B. C. He voided the Charter of Liberties granted by King John Ib. D. & f. 502. B He wrote to the English Bishops and Barons to obey their King f. 501. E. F. He charged them with evil practices against him f. 502. C. D. He excommunicated them f. 503. D. His Character by Paris f. 507. F. He called K. John the Vassal of the Roman Church f. 508. B. His Answer to Prince Lewis his Messengers f. 511. C. D. E. His opinion of Prince Arthur's Death f. 512. D. He claimed England as his Property f. 513. l. 3. His resolution to Prince Lewis his Messengers Ibid. C. His death f. 528. A. Innocent the 4th made Pope f. 588. E. He sent Martin to be his Legate in England f. 589. A. His Grant to English ●atrons of Benefices f. 593. F. He imposed upon the English Bishops at Lions f. 595. E. What exactions he put upon them Ibid. F. His severe Letters to the English Bishops f. 596. D. He treated the Clergy rigorously Ibid. E. A general Clamour against him and his Collectors in all France f. 597. D. The method he used to appease them Ibid. E. His Umbratile Privilegium to Hen. 3. f. 598. D. He sent two Friars to be his Collectors in England Ibid. E. Their arrogant Behaviour to the Prelates Ibid. F. & 599. A. French Prelates prohibited to lend him Money Ibid. B He desired leave of H. 3. to reside at Bordeaux f. 604. C. His unreasonable message to him 605. E. He Demanded a Tenth of the English Clergy for 3 years f. 608. E. He offered the Kingdoms of Sicily and Apulia to Richard Earl of Cornwall f. 609. F. He made the same offer to Edmund 2d Son to H. 3. f. 613. C. Investitures of Church not to be received from Laymen f. 231. A. 256. D. E.. Forbidden by the 2d Lateran Council f. 294. A. Denied to Hen. 1. by Archbishop Anselm f. 259. B. Joanna Sister to Hen. 3. married to Alexander King of Scots f. 530. B. Her Jointure f. Ibid. C. John youngest Son to Hen. 2. contracted to Alice daughter to the Earl of Savoy f. 312. A. He refused to do homage to his Brother Geofry f. 339. E. He was Cursed by his Father for his rebellious practices f. 349. B. He was made King of Ireland by his Father f. 349. E. He passed into Ireland, and treated them very ill f. 372. C. D. E. He returned into England, and did nothing considerable there f. 373. A. E. F. His Brother Richard's kindness to him f. 420. E. His Oath to him f. 425. F. His joy at King Richard's imprisonment, and contrivance to secure the Crown of England to himself f. 432. A. He was reconciled to the Chancellor by the Bishop's mediation Ibid. B. C. He received the Fealties of the Londoners as King Richard's heir f. 433. D. The Pope wrote to the Bishops to excommunicate him and his followers, but they refused f. 434. E. F. His endeavours to restore the Chancellor opposed by the great men f. 435 B. His unnaturalness to his Brother King Richard Ibid. E. F. He demanded the Kingdom affirming his Brother was dead f. 436. A. He was opposed by the Justiciaries Ibid. B. C. He swore fealty to his Brother f. 439. A. His offer to the Emperor to keep his Brother Prisoner Ibid. B. C. His Letter delivered to King Richard Ibid. E. The Insolence of one of his Servants, his designs discovered and his possessions in England Seized f. 440. E. F. He and his followers excommunicated f. 441. A. His Castles taken, and judgement given against him Ib. B. C. & f. 442. A. He is reconciled to his Brother King Richard f. 444. D. He is girt with the Sword of Normandy f. 461. f. The English Swear fealty to him. f. 462. A. B. He landed in England. His Coronation Ibid. D. His Answer to the King of Scots Demands Ibid. F. He made Truce with France f. 463. A. King Richard's friends adhered to him Ibid. F. His Nephew Arthur reconciled to him f. 464. A. He took an Aid of his English Subjects Ibid. E. He did Homage to Philip King of France f. 465. A. He was divorced from his Queen and Married Queen Isabel f. 466. D. E. They were both Crowned f. 468. A. He received the Homage of William King of Scots Ibid. B. C. D. E. His Progress through England with his Queen f. 469. A. His Barons demanded Restitution of their Rights Ibid. B. C. D. His Design upon the Poictovins defeated f. 470. A. His Grant of a Relief to the holy Land Ibid. E. He denied the King of France his Demands Ibid. F. He made a legal Assize of Bread to be observed f. 471. F. His Luxury and Negligence f. 472. B. C. His Nobility left his Court Ibid. D. He accused and taxed them for deserting f. 473. A. He denied Relief to his Transmarine Subjects f. 474. A. He lost Normandy, Tourain, Anjou and Poictou Ibid. His Policy to get Money Ibid. B. His Success in Poictou, and a Truce for two years agreed fol. 475. C. D. He caused a thirtieth part to be levied on all his Subjects Ibid. F. He was displeased at the Election of Stephen Langton fol. 476. D. His resolute Letter to the Pope Ibid. F. The Pope threatened to interdict him f. 477. C. D. His condescension to receive Steph. Langton Archbishop Ib. F. He threatened the Bishops and Prelates f. 478 lin. 3. His Kingdom of England Interdicted Ibid. A. B. His Treaty with the Bishops Ibid. C. D. E. His revenge upon all Ecclesiastics f. 478 F. He seized their Temporalties and Goods f. 479. A. B. C. His kindness to such as did not comply with the Interdict Ib. D. E. He required Pleges of his great men for their Fidelity Ibid. F. His Agreement with the King of Scots, and the Terms f. 480. A. He received the Homages of all above 12 years old Ibid. B. He seized on the Bishopric of Lincoln, and forced all Churchmen to compound f. 481. A. B. His Expedition into Wales Ibid. E. His willingness to receive the proscribed Bishops Ibid. E. His Subjects absolved from their Allegiance f. 482. A. He hanged up the Welsh Hostages Ibid. C. A Conspiracy against him discovered Ibid. D. E. His dissoluteness f. 483. A. He was Deposed by the Pope, and Philip of France Commissioned to Execute it Ibid. C. D. His preparation to oppose King Philip f. 484. C. D. His Submission to a form of Peace drawn by the Pope f. 485. A. etc. He sent for the Exiled Bishops and made his Submission to them f. 486. E. F. His Oath at his Absolution f. 487. A. He caused inquiry to be made into the Bishop's Damages Ibid. B. 491. C. His great men refuse to obey his Summons Ibid. D. His Endeavours to reduce them hindered by the Archbishop f. 488. A. His offer to turn Mahometan, a malitióus Calumny Ibid. f. His large offers to the Clergy f. 489. B. & 490. A. He renewed his Subjection to the Pope f. 489. D. E. He held his Kingdoms of England and Ireland in Fee of the Pope, and what Annual Rent he paid to him f. 485. D. E. His Success beyond Sea f. 491. D. E. The Conditions on which the Interdict was released f. 492. A. D. He would have fought Prince Lewis but his Barons of Poictou refused f. 493. A. B. His English Barons Confederacy and Demands 494. A. etc. Homage renewed to him in England, and he was Signed with the Cross f. 495. A. He refused to grant his Baron's Demands Ibid. F. They most of them desert him f. 496. D. His grant of Magna Charta and Charta de Forestea f. 497. C. He granted the Clergy might choose their Prelates and go over Sea when they pleased Ibid. D. E. 25 Barons chosen to see he observed these Charters f. 498. D. F. His Command to his Sheriffs and other Officers to obey them f. 499. A. B. C. The Caution he gave for the observation of what they did Ibid. F. He sent to the Pope to void this Engagement f. 500 C. D He again put himself under his protection f. 501. B. C. He made the Pope Umpire between him and his Barons and owned his Kingdom to be St. Peter's Patrimony f. 502. A. B. Rochester Castle Besieged and yielded to him f. 503. A. B. He wasted his Rebellious Baron's Estates f. 504. E. F. His great Successes against the Barons f. 405. A. D. E. F. He is charged with inhumanity by Mat. Paris. Ibid. B. C. He could not hinder Prince Lewis from Landing f. 509. f. His Envoys argument for him before the Pope against Prince Lewis his Commissioners f. 512. A. etc. He raised an Army to oppose him f. 514. B. C. He secured his Treasure at Lyn f. 515. C. What marches he took every day a Month before he Died Ibid. D. E. F. He was joyfully received at Lyn, and gave them a Cup and the Sword from his side f. 516. C. He lost all his Carriages and Regalia in the Washeses Ibid. He was taken ill of a Fever and Dyed at Newark f. 517. A. He caused the English Laws and Customs to be observed in Ireland f. 519. A. Church Affairs in his time Ibid. D. E. Taxes in his Reign f. 520. His Issue Lawful and Natural. f. 521. John, Prior of Canturbury, chosen Archbishop by the Convent fol. 549. C. He went to Rome and renounced his Election Ibid. Friar John sent into England by the Pope to be his Collector f. 598. E. He sent to the Pope for Additional Powers f. 600. B. Joseph of Arimathea his coming hither an improbable Story f. 20. D.E.F. Irish Clergy held a Council at Ardmah f. 356. F. They Decreed English Slaves should have their Liberty fol. 357. lin. 3. Their Princes and Clergy submit to Henry the Second, and swear Fealty to him, and his Heirs f. 360. A. B. What encouraged them to endeavour to cast off the English Yoke f. 361. E. F. Their unanimous Insurrection against the English f. 362. D. They submit to the Government of Hugh de Lacie f. 371. B. The Chief Adventurers in the Conquest of them f. 375.376. Their endeavour to extirpate the English defeated f. 544. F. The same Customs to be observed there as in England f. 673. C. A free Trade settled between them and the English Ibid. F. The Statutes of Merton to be observed there f. 674. lin. 2. English Laws no advantage to them Ibid. C. Isabel, Sister to Henry the Third, Married to Frederic the Emperor f. 562. F. Her Portion Ibid. Italians sent hither by the Pope to be beneficed f. 602. lin. 2. and 575. F. The Revenues of their Churches to be paid to the Baron's Receivers, vid. Clergy. f. 636. B. Itius Portus, where it was. f. 6. F. Julian the Apostate durst not venture into Britain f. 34. E. He was made Emperor f. 35. lin. 5. Jurisdiction Feudal, and Commissions, what f. 161. E. Justiciary of England, who the first f. 151. B. His Office and Power above the Chancellor f. 153. A. Barons not to be impleaded but before him Ibid. C. What remains of this Dignity and Power at present Ibid. D. This Office and Name from Normandy, the same with Seneschal, his great Power and Authority Ibid. E. When this great Office determined f. 154. A.B. Justiciaries of the King's Bench, and Common Pleas, by whom appointed Ibid. Justice's Itinerant, by whom scent f. 446. A. William Keel, 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 King's Messenger f. 656. D. The King's Clemency to the Defendants after it was taken f. 657. D. Dictum de Kenelworth, where and upon what account made f. 658. A. etc. 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. Knighthood, 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 expenses allowed Ibid. B. Three in every County summoned by the Barons to meet at St. Alban f. 637. F. Four summoned in every County to meet the King at London f. 642. F. L. HUgh de Lacie 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, Archbishop of Canturbury, his Controversy 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 Controversy between him and York about Primacy determined on his side f. 214. A. Stephen Langton chosen Archbishop 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 hindered 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 Pope's Legate f. 490. F. He was the Head of the Baron's 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 Archbishop 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 Pope's Legate 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. G●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, etc. The Practice alike in both places f. 179. D. etc. Of England not carried into Normandy by the Confessor fol. 180. B. C, etc. 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. Pope's Legates, 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 King's 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 bond himself by his Charter to satisfy 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 Rheims 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 hindered a peace between him and his Sons f. 214. D. E. 215. F. Articles of Agreement between King Hen. and him f. 332. A, etc. 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. 33●. D. Prince Lewis Son to Philip King of France, chosen King of England by the English ●arons f. 5●7. A. He encouraged the Barons to persist in their Rebellion f. 5●●. A. His Reasons against King John and the Pope Ibid. E. F. His Claim to England f. 5●9. l. ●. He lan●ed in the Isle of Thanet Ibid. D. E. He was joyfully received by the Londoners and Barons f. 51● A. He was excommunicated by Walo the Pipes ●egat Ibid. E. His Envoys Objections and Replies to King John'● Commissioners f. 512, 513, He ravaged over Essex, Norfolk, and Suffolk Ibid. C. D. Alexander King of Scots did him Homage and a●i●ed him Ibid. ●. & 514. D. His designs against the English Barons discovered Ibid. E. F. His success against m●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 Succours 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 to King Henry's demands of Normandy f. 532. F. He gained Rochel by his Money f. 534. l. 1. His death, and Coronation of his S●n Lewis f. 539. C. His designs to Invade Britain defeated f. 546. E. F. His preparation against Henry the 3d. f. 584. l. 1. His concern for his Father's Oath to King Henry f. 584 C. His repeated Successes against the Earl of March's and King Henry's Forces f. 585.586. The Pestilence in his Army forced him to a ●ruce with King Henry f. 586. ●. His offer to his Subjects that had Estates in England and France f. 589. D. His design upon Gascolgny f. 597. ●. He was taken Prisoner by the Saracens f. 604. D. He Nulled the Oxford Provisions f. 659. A. What he thought of the Barons proceed f. 648. B. His kind Invitation and bountiful Offer to Prince Edward f. 665. A. His Death at Tunis Ibid. F. Robert Earl of Leycester came into England with an Army of Fleming's f. 315. F. He was defeated and taken Prisoner by Humphrey de Bohun f. 316 A. B. He is restored to his Liberty and Estate f. 420. C. He died in his journey to the Holy-land f. 428. E. John de Lexinton prohibited the Clergy from paying any Contributions to the Pope f. 596. F. Limeric in Ireland taken by Reymund f. 363. D. Relieved by Meiler f. 364. B. D. Fired by the Inhabitants f. 370. F. The Honour granted to William de Braiosa by King John fol. f. 518. A. B. His destruction contrived by the King's Counsellors Ibid. D. E. He passed over into Ireland, and was there betrayed and slain f. 560. A. B. The King much lamented his death Ibid. C. Gilbert his Brother restored to his Estate and Honours Ibid. E. He was refused entrance into the King's Palace, and received a severe Reprimand from the King f. 571. F. He was reconciled to the King f. 576. F. He was unfortunately killed by a fall from his Horse f. 577. E. Walter his Brother was at first denied, but soon after restored to the Mareschalcy f. 581. A. Market where anciently kept f. 209. E. Geofry Marsh his Treachery to Richard Earl Marshal f. 560. A. B. Geofry Martell Earl of Anjou opposed Duke William, but without success f. 187. A. Martin sent Legate into England f. 589. A. His Exorbitant Power and practice Ibid. B. C. His Demands of the Clergy f. 591. D. He was roughly treated by Fulk Fitz-Warine f. 593. B. He left England Ibid. D. Maud the Conqueror's Wife Crowned by Archbishop Aldred f. 193. C. Maud the Empress' Daughter to Henry the First returned into England f. 253. F. The Great Men Swore to make her Queen after her Father's decease f. 254. A. D. She was married to Geofry the Earl of Anjou's Son Ibid. B. She was Named by her Father to the Succession f. 255. C. She landed in England f. 278. F. Several Towns and Castles do Homage to her f. 279. C. The War between her and King Stephen carried on with continual Rapine and Barbarities f. 280. A. etc. King Stephen was averse to Peace with her f. 282. B. C. He was presented Prisoner to her f. 283. B. Her Oath to the Bishop of Winchester the Legate Ibid. C. She is owned Queen by him and the Great Men Ibid. D. E. She gave Orders and Directions for the Government f. 285. C. She refused the Londoners Petition for King Stephen Ibid. D. They Conspired against her and the Legate deserted her Ibid. E. F. Milo of Gloucester his faithfulness and kindness to her fol. 286. A. B. Her ruin contrived by the Legate f. 287. B. All her Friends were Excommunicated by him Ibid. D. She sent for her Husband the Duke of Anjou f. 288. A. She was besieged in Oxford, but made her Escape f. 289. C.D.E. She passed into Normandy to her Husband f. 290. D. Her death and Charity to the Religious and Poor fol. 303. lin. 3.306. B. Maximus excited the Soldiers to Sedition, and is saluted Emperor fol. 37. C. His success against Gratian Ibid. D. He was Conquered and slain by Theodosius f. 38. l. 1. Abbot of medeshamsted not Legate in England in King Ecgfrids' Reign f. 89, 90. Meiler Eminent for his Courage and Conduct in Irish Engagements f. 359. A. 363. C. Melitus Ordained a Bishop by Augustin f. 103. E. Viscount Melun discovered to the English Barons how Prince Lewis designed to treat them f. 514. E. F. Great Men, vid. Barons Mercians Converted by Finian f. 106. lin. 1. Merleberge, vid. Statutes. Merton, vid. Statutes. Messina taken by the English f. 428. B. Military Service required by the Saxon Laws f. 68 A. By Edward the Confessors Laws f. 69. C. Proved by several Instances in doomsday f. 70. B. The Service called Free service f. 71. A. How much the Member of one Fee was f. 166. A. Milites called Liberi homines f. 70. F. They only served upon Juries Ibid. Milo of Gloucester a constant Friend to Maud the Empress f. 286. A. Monks, their quarrel with the Seoulars f. 122. C. D. Almerio de Montesorti took Arms against Henry the First f. 247. C. He persuaded Lewis King of France to make War with him f. 249. B. He is reconciled to King Henry f. 251. A. Simon Montfort a great Favourite of King Henry 3. f 568. B. He married Alienor the Kings Sister f 569. A. He first corrupted her f. 573 A. His Marriage stom●shed by the Nobility f. 569. B. He went to Rome and got his Marriage confirmed fol. 570. A. B. He was kindly received by the King and Court. Ibid. He was made Earl of Leycester f. 572. A. He and his Wife retire from Court f. 573. A. He is again kindly received f. 574. F. His Courage in a Battle with the French f. 585. C. He subdued the Rebellious Gascoigns f. 602. F. A supply granted him for Gascoigny f. 604. F. His success against the Gascoigns, and return f. 606. A. The Gascoigns Complaint against him Ibid. E. He pleaded his Innocency and Merits, and is sent thither again Ibid. F. He treated them very rigorously f. 607. lin. 1. The Gascoigns repeat their Complaints against him, and desire a Trial Ibid. A. B. C. Earl Richard stood his Friend Ibid. D. He Impudently gave the King the Lie Ibid. E. He was supported by the Great Men Ibid. F. He returned into Gascoigny f. 608. A. The Great Men take his part and accuse the Gascoigns f. 609. D. He resigned his Patent of the Custody of Gascoigny f. 610. A. He saucily upbraided the King f. 624. B. He and the Barons Arm themselves to make good the Oxford Provisions f. 639. D. He made Prince Edward Prisoner, but released him on Conditions f. 640. B. C. He Took the King and his Brother Richard Prisoners fol. 641. D. He referred himself to the King of France to make Peace Ibid. F. His Son made Constable of Dover Castle f. 642. C. He inflamed the People against the King by false reports fol. 645. F. He forced the King to own whatever he did f. 646. A. He marched about the Kingdom with a Body of Horse f. 647. B. And carried the King about with him f. 648. D. What provision he made for himself and Family Ibid. E. The whole Government managed by him Ibid. F. He disgusted the Earl of Gloucester f. 649. F. He was overthrown by Prince Edward and slain f. 652. C. D. His Character by Rishanger f. 653. A. A discovery of his Villainous practices f. 653. A. None to call him Saint f. 659. B. Simon Montfort His Son submitted himself to the King's pleasure f. 655. A. B. Morcar taken Prisoner f. 197. A. Mortgages, where entered f. 79. C. Registered in Counties and Hundreds. f. 146. A. B. William Earl of Mortain demanded the Earldom of Kent of Henry the First f. 241. F. He joined with Duke Robert, and Robert de Belism fol. 242. lin. 3. All his Estate in England seized and his Castles demolished Ibid. A. He was taken Prisoner and sent into England f. 243. A. Hervey Mount-Maurice his Cruel Policy f. 356. A. Roger Mowbray erected a Fortress in the Isle of Axholm f. 316. F. It was demolished by Geofry Elect of Lincoln f. 318. C. Fitz Murchard, vid. Dermot. Murder, how punished by the Saxon Laws f. 62. D. F. f. 119. A. Murdrum used in the Germane Laws, when first used in the English Laws f. 62. E. N. NAnts yielded to King Henry the Second f. 300. E. Neat-land, what it was f. 67. F. Ralph Nevil Bishop of Chichester Chancellor to Henry the Third, refused to deliver the Seal when demanded by the King f. 564. F. He was chosen Bishop of Winchester, and his Election voided at Rome f. 571. B. C. He was invited by the King to resume his Office of Chancellor, but he refilsed f. 572. B. He was received into the King's favour. f. 583. E. Newcastle, when and by whom built f. 202. D. Nicholas Bishop of Tusculum sent Legate into England f. 489 A. He took an estimate of the Clergies Damages Ibid. B. He was accused as a favourer of King John Ibid. C. He filled all vacant Churches f. 490. D. E. His Opposition to the Archbishop and Bishops f. 491. A His Character of the King Ibid. His Answer to the Religious that sued to him for Restitution f. 492. E. F. Nicholas Bishop of Durham resigned his Bishopric f. 602. D. Nobility, vid. Barons Normans a Miscellaneous People f. 139 C.D. They were Court-Officers and great Ministers of State fol. 152.181 E. They were the Bishops, Abbats, Priors, Judges, and Lawyers f. 154. C. D. E. F. Most of our Laws from them f. 155. B. An abstract of their Laws f. 161. D. etc. Who anciently were their Judges f. 163. A. What their Exchequer was f. 167. D. How the English were treated by them after the Conquest fol. 192. B. etc. Their Lust and Luxury f. 235. A. Norman Bishops in England before the Conquest f. 189. B. Norman Ladies want their Husbands f. 194. D. Norman Nobility favour Duke Robert's Title f. 235. C. D. They petition King Hen. 1. to come into Normandy f. 240. C. They set up William Duke Robert's Son f. 247. C.D. & 252. E. F. They submit themselves to King Henry f. 251. A. B. How they executed th●ir private Revenges f. 281. D. E. F. Their Soldiers sold the Prisoners th●y took f. 282. A. Their submission to the Earl of Anjou and the Empress' fol. 288. D. Simon Norman removed from b●ing Chancellor by Henry 3d. f. 576. F. Normandy Interdicted by the Archbishop of Roven, and the Occasion f. 453. D. The Interdict released f. 454. C. Again Interdicted by the Legate f. 463. C. Northampton taken by Henry the 3d. f. 640. D. C. Norwich Castle yielded to the Conqueror f. 202. D The City burnt by Hugh Bigot f. 318. B. A great Quarrel between the Monks there and Citizen's fol. 666. D. E. The Cathedral burnt and the Citizens punished and fired Ibid. Nottingham plundered and burnt f. 318. D. Robert Nunant refused to be Pledge for King Richard f. 440. A. Judgement given against him f. 442. A. He is reconciled to the King, and pardoned f. 447. E. O. OAth of Confederaoy of the Barons f. 629. Oaths, how and when administered by the Germans f. 147. D.E.F. How valued f. 120. l. 1. Oblations of the People divided into four parts f. 102. B. Octavian sent Legate into France f. 467. A. He admonished King Philip to receive his Queen Ibid. B. C. Odo Bishop of Baieux the Conqueror's chief Justiciary f. 151. A. B. He was left Viceroy of England by the Conqueror f. 191. B. C. His Justice and Equity Ibid. F. He was made Earl of Kent f. 198. B. His Treasure seized and he Imprisoned f. 203. D. E. Offa's Ditch where, and its extent f. 86. B. He built St. Alban Monastery, and gave Peterpences to Rome f. 109. A. B. Ordeal, what it was, and the Trial f. 65. B. When and by whom prohibited f. 147. C. Water Ordeal Established f. 326. B. Orders of Men the same in Germany as in England f. 82. B. Ordericus Vitalis his Account how the Romans treated the English fol. 192. B. etc. Ordovices who they were f. 15. F. They were almost Extirpated by Agricola f. 22. E. Peter de Orivallis made King Henry the 3d. his Treasurer f. 549. F. He is removed from his Office and the Court f. 559. E. He is again received into Favour f. 565. l. 1. Ororic Assaulted Dublin, but was repulsed f. 359. B. His Treachery and Contrivance to destroy Hugh Lacie f. 361. B. C. His death Ibid. D. Osculum pacis, what is was f. 537. E. Ostorius sent Lieutenent into Britain by Claudius f. 14. B. A Triumph Decreed him at Rome f. 16. D. He died with Grief f. 17. B. Otho sent Legate into England f. 537. B. He declared to the Bishops the Pope's demands f. 538. A. Their, and the Mareschals Answer to him Ibid. C. D. He is revoked by the Pope f. 539. A. Otho Nephew to King Richard Crowned King of the Romans f. 457. D. Hugh Oto made Governor of London by Henry the 3d. f. 654. B. Otto came Legate into England at the request of Henry the 3d. f. 567. E. He reconciled the Noblemen that were at variance Ibid. F. His design to visit Scotland prevented f. 568. D. E. He was revoked by the Pope, but contrived his stay here f. 569 A. His reception and affright at Oxford f. 570. C. D. E. He was again called home, but continued upon the King's request f. 472. A. His great Exactions upon the Clergy f. 573. B. He was refused entrance into Scotland, but at last admitted under Conditions Ibid. C. His policy and contrivance to get Money f. 574. E. He demanded a fifth part of the Clergies Goods f. 575. E. His Oppression and Extortion from the English Clergy f. 577. A. The manner of his leaving England Ibid. Ottobon sent Legate into England f. 654. C. He Excommunicated such B PS. as favoured S. Montfort f. 659. E. His Admonition to the disinherited Barons Ibid. F. He held a Council at London f. 664. E. Oudoceus Bishop of Landaf Excommunicated three Welsh Kings for Murder f. 100 F. Oxford Interdicted by Otto the Legate f. 570. E. On what conditions released Ibid. f. A great difference between the Scholars and Townsmen f. 575. lin. 2. Oxgange What it was f. 141. f. P. PAgi what they were and are f. 55. C.D.E.F. Palls what f. 102. F. Pandulph sent Legate into England f. 483 F. He affrighted King John into a compliance with the Pope f. 484. E. His advice to the King of France f 486. B. Panis Benedictus what it was f. 537. F. Papal Exactions and Extortions f. 542. F. 543. A. 594. E. 595. A. A general clamour against them in France f. 597. D. And in Ireland f. 599. C. Papinianus Chief Minister of Justice in Britain f. 30. D. Parage what f. 165. F. & 204. E. Matt. Paris chargeth King John with inhumanity f. 505. B. C. His Character of Pope Innocent the 3.d f. 507. F. His inconsistency with himself in his History. f. 582. F. Parliament, At Oxford f. 473. D. At London f. 531. E. At Northampton f. 534. A. At Westminster f. 535. lin. 1. At Westminster f. 536. A. At Westminster f. 542. D. At Westminster f. 546. A. At Westminster f. 548. A. At Lambeth f. 550. E. F. At London f. 564. C. At Winchester f. 565. A. E. F. At York f. 568. C. At London f. 581. F. At Westminster f. 590. B. At London a general one f. 594. D. At Winchester f. 596. B. At London f. 597. F. At London f. 600. E. At London f. 610. E. At Westminster f. 621. B. At London f. 623. F. At Oxford f. 624. C. What Ordinances made there f. 627. E. F. Three to be held every year f. 626. C. At Kenelworth f. 658. A. etc. At St. Edmunds-bury f. 661. A. B. The Kings and Legates Demands made there and the Answer they received Ibid. C. D. E. F. At Merlebergh f. 665. B. Hugh Pateshul made Justiciary f. 561. F. St. Paul's when built, and made a Cathedral f. 103. F. Paulinus Ordained Bishop, and Baptised Edwin f. 104. E. F. Paulus Catena his cruelty f. 34. C. Peculiars their Original f. 215. C. Pelagian Heresy propagated in Britain f. 38 E. Perennis a great Favourite of the Emperor Commodus f. 28. F. He was accused of Treason by the Soldiers, and put to Death f. 29. A. Pertinax sent into Britain by Commodus f. 29. B. C. Peter the Hermit preached up the Holy-War f. 223. B. His Prophecy f. 483. lin. 3. Peter pence by whom granted f. 108. lin. 1. Philip Earl of Flanders a Confederate of young Henry's against his Father King Henry the 2d. f. 317. lin. 1. 318. F. He was a great Director to Philip Son to Lewis King of France f. 335. E. He did Homage to the King of England f. 336. A. Philip Bishop of Beavais his complaint to the Pope against King Richard and the Pope's Answer f. 455. A. B. Philip Son to Lewis King of France Crowned at Rheims f. 335. C. His undutifulness to his Father Ibid. E. He was made sensible of his Duty by Hen. the 2d. King of England f. 336. A. His Agreement with the King of England to undertake the Cross f. 342. C. The King of England doth Homage to him f. 348. D. The Agreement between King Richard and him to undertake the Cross f. 423. B. His Treachery to King Richard f. 429. E. The difference between them composed f. 430. A. His arrival at Acon Ibid. B. He desired King Richard's leave to return home f. 431. C. His Oath to King Richard Ibid. D. His promise to Earl John upon Marriage of his Sister f. 435. D. His offer to the Emperor to keep King Richard Prisoner f. 439. C. He ravaged, and destroyed King Richard's Dominions f. 444. E. F. He was totally Routed by King Richard f. 445. A. & 451. B. C. D. His cruelty to the English f. 450. F. Articles of Peace between him and King Richard f. 453. lin. 1. He Knighted Arthur Duke of Britain and received his Homage f. 463. D. His Demands of King John Ibid. E. He besieged and took his Towns and Castles f. 471. A. He demanded to be divorced from his Queen f. 467. D. E. The Pope impowered him to Execute the Sentence of Deposition against King John f. 483. C. D. His preparation for England f. 484. A. F. Pandulph the Legate advised him to desist f. 486. B. His Victory over Otho the Emperor f. 493. E. His Answer to Walo the Pope's Legate f. 508. C. His Death f. 532. E. Picts who they were f. 35. B. F. They harras and spoil the Britan's f. 38. A. 39 C. D. Aulus Plautius sent into Britain by Claudius f. 12. A. B. Pleas for Church Lands in the Conqueror's time how held and before whom f. 140.141▪ 142. None between English-Saxons and Normans f. 143. A. Sometimes held in Churches, and Churchyards f. 146. D. Plead were in the French Tongue and why f. 155. lin. 1. Plebs who f. 55. F. Robert Poer made Governor of Waterford, and Treacherously slain by the Irish f. 370. B. 374. B. Poictovins subdued by Henry the 2d. King of England f. 306. C. They do Homage to Henry the 3d. f. 545. B. They were invited into England by him and had the Wardships of Noblemen given them f. 554. A. They were discharged the King's Service f. 559. F. They submit to the French King upon Summons f. 586. B. Their great Insolence to the English f. 608. C. D. Polycletus sent into Britain by Nero to reconcile Julius Classicanus, and Suetonius f. 21. A. Adam de Port Impeached of Treason and Outlawed for not Appearing f. 312. lin. 1. William Poweric his complaint in the Council of Lions against Papal Extortions f 593. D. E. He was sent to Rome to complain of Grievances f. 596. A. Prefecture what, and how many it consisted of f. 43. C. Presential why so called f. 41. F. Presutagus King of the Iceni made Caesar his Heir f. 18. E. Priest's Marriage forbidden f. 126. A. Such as lived in Cities and burgh's might retain their Wives f. 215. C Severe Laws made against their Wives f. 263. F. They were prohibited their Company by Hen. 1st. f. 265. B. They were sometimes dispensed with by the Arch-Deacons and Bishops Ibid. D. They compounded with the King for their Wife's Company f. 269. F. If Married, to be deprived of their Benefices f. 294. B. A Decree against their Concubines f▪ 536. F. Their Sons dispensed with to succeed them f. 262. F. Primacy of Canturbury confirmed by the Pope f. 259. E. Probus conquered the Vandals, and Burgundians f. 31. C. Provisions made at Oxford f. 626.627. They were Nulled by the King of France f. 639. A. They were repealed in the Parliament at Kenelworth f. 659. A. B. All who Sworn to observe them, absolved Ibid. C. Publicans who and from whence they came f. 377. C. D. They were pronounced Heretics, burnt in the forehead, and whipped f. 378. A. Q. QUadrilogus, or an Account of the difference between King Henry the 2d. and Thomas Becket Archbishop of Canturbury f. 389.390, 391. R. RAchinburgii who they were f. 76. B. E. Ralph Archbishop of Canturbury contended with Thurstan Elect of York about his Profession. f. 266. B. C. He was made Legate, but opposed by the Bishops Ibid. D. His Death f. 269. C. Ralph de Guader vid. Guader Ranulph Bishop of Durham imprisoned by Henry the 1st. but made his escape to Duke Robert f. 235. B. Ranulph Earl of Chester surprised Lincoln f. 282. D. The Empress Maud assisted him against King Stephen Ibid. E. F. He took King Stephen Prisoner f. 283. A. He made his Peace with King Stephen f. 290. C. Ranulph Canon of St. Paul's falsely accused of Treason f. 572. D Raymund Earl of St. Giles did Homage to Henry the 2d. and to his Son Richard f. 312. B. He was overthrown in a Battle with Earl Richard f. 345. A. B. He did his Homage to King John f. 466. F. Raymund sent into Ireland by the Earl of Strigul f. 355. C. His great Victory over the Irish, and Clemency to them Ibid D. E. His Success against Dublin f. 356. A. C. The Soldiers desired him for their General f. 361. F. He Married Basilia at Wexford f. 363. lin. 3. His great Success against the Irish Ibid. A. D. He assisted Dermot against his Rebel Son f. 364. D. Rhulupia where f. 34. F. Richard 2d. Son to Henry the 2d. contracted to the Earl of Barcelona's Daughter f. 301. A. He did Homage to the King of France for Aquitain f. 307. C. He Rebelled against his Father, and upon his Submission was Pardoned f. 320. E. F. He demolished the Castles in Poictou erected against his Father f. 322. F. He refused to do Homage to his Brother Henry f. 338. E. His intimacy with the King of France f. 342 A. He seized his Father's Treasure, and was again Pardoned Ibid. B. He entered France and wasted the Country f 346. C. He Swore Fealty to the King of France f. 347. B. He wasted his Father's Dominions Ibid. D. His Father's Treasure, and Castles delivered to him f. 419. B. His kindness to such as adhered faithfully to his Father f. 420. D. How he was received in England, and his bounty to his Brother John Ibid. F. His preparation for an Expedition into the Holy-land f. 421. A. His Magnificent Coronation, and Oath Ibid. B. C. D. E. He exposed his Castles and great Office's to Sale to raise money f. 422. D. E. He and his Great men, and King of France agreed to undertake the Cross. f. 423. B. C. He received the Homage of the King of Scots and released the subjection of that Kingdom f. 424. A. He granted many privileges to the Church of York f. Ibid. D. He made the Bishops of Durham and Ely his Justices f. 425. A. Articles of a firm Peace between him and France Ibid. B. C. D. The care he took to preserve peace in his Fleet f. 427. D. E. He received the Scrip and Staff of Pilgrimage Ibid. E. His arrival at Messina, and Success against that City f. 428. A. B. His Demands of Tancred King of Sicily Ibid. C. D. He declared his Nephew Arthur his Heir Ibid. E. He discovered the King of France his Treachery to him and refused to Marry his Sister f. 429 E. F. The Difference between them composed f. 430. A. His Fleet separated by a Storm Ibid. C. D. He took the Emperor of Cyprus Prisoner Ibid. F. He was Married to Berengaria and sent the Emperor Prisoner to Tripoli f. 431. A. The King of France deserted him, and went home Ibid. C. D. E. He made Truce with Saladine and hastened into England Ibid. F. He is taken prisoner in his return, and delivered to the Emperor f. 432. A. His Brother John rejoiced at his misfortune Ibid. He invested the Emperor with his Kingdom for his Liberty f. 435. C. The pr●ce of his Redemption 140000 Marks f. 436. F. How and upon whom this sum was levied f. 437. A. B. 438. D. What the Emperor gave him at his Departure Ibid. E. F. What Earl John, and the King of France offered the Emperor to keep him Prisoner f. 439. ●. His generosity to the Germane Bishops and Nobility f. 440. C. His arrival in England Ibid. D. He demanded Judgement against his Brother John and the Bishop of Coventry f. 442. A. B. And aid granted him in a great Council at Northampton Ibid. C. His grant to the King of Scots Demands f. 443. C. D. E. He imprisoned or sinned such as he took in his Brother's Castl●s f. 444. B. He passed into France and routed the King of France Ibid. D. He took his Camp, and discovered who were his Rebellious Subjects f. 445. A. B. He sent Itinerant Justices through England f. 446. A. The Articles he gave them concerning the Jews Ibid. B. C. D. E. He Fined his great Officers, and made a new Seal f. 447. A. He instituted Tilt in England Ibid. B. He Pardoned Earl John his Brother, and the Archbishop of York and the Bishop of Coventry Ibid. E. He appointed an Assize of Weights and Measures to be observed, and penalties upon Offenders f. 448. C. D. He took an Aid of every Hide, and required his Feudataries to find him 300 Horse f. 449. A. How it was Collected and by whom, and what Fees expected Ibid. B. C. D. E. He beat the French and took many Prisoners f. 451. B. C. D. Articles of the Peace between him and France f. 452. A. and 453. lin. 1. The difference between him and the Archbishop of Roven adjusted f. 454. A. B. D. He caused all Charts to be renewed f. 456. C. He and several people confederate against Philip King of France f. 454. F. He refused to hearken to the Pope's advice f. 457. B. His Nephew Otho Crowned King of the Romans Ibid. D. He demised his Kingdoms to his Brother John, and died Ibid. F. His generosity to his Servants and privileges he granted to the Norman Clergy f. 458. A. E. His Taxes f. 459. His Issue f. 460. Richard Brother to Henry 3d. Knighted and made Earl of Cornwall f. 535. E. He was sent into Gascoigny and reduced them Ibid. F. His f●rther Success against the Gascoigns f. 539. C. He confederated with the Barons against the King f. 540. F. He and the King reconciled to one another f. 541. A. His Marriage with Isabel Countess of Gloucester f. 546. C. He was called Heir Apparent to Henry the 3d. his Brother f. 563. E. & 569. D. He represented to the King the State of his Realm f. 568. A. He blamed him for adhering to Foreigners f. 569. B. He rejected the Offers and advice of the Legate Ibid. C. He was reconciled to the King f. 570. lin. 1. He was kindly received in the French Camp, and procured a Truce f. 5●5. A. He advised the King his Brother to provide for himself by flight Ibid. B. His second Marriage with Cincia Daughter to the Countess of Provence f. 588. F. Thirty thousand Dishes provided for his Wedding Dinner f. 589. lin. 1. The Magnificent Treat he received from the Pope f. 603. C. Sicily and Apulia offered to him by the Pope f. 609. F. He is chosen King of the Romans and Crowned at A●en f. 621. A. C. His great Treasure and Riches Ibid. D. His desire to return into England f. 633. D. The Conditions on which he was to return Ibid. F. His Landing opposed by the Barons and the Oath he took f. 634. A. B. He defied the Barons, and is taken Prisoner f. 641. B. D. And sent to the Tower f. 642. lin. 4. His Death f. 665. E. Richard Prior of Canturbury chosen Archbishop and made Legate f. 412. A. B. Richard Chancellor of Lincoln chosen Archbishop of Canturbury f. 542. C. His opposition to the King in the Tax of ecclesiastics f. 546. A. His complaint against Hubert de Burgh, but without Remedy Ibid. B. He went to Rome and complained to the Pope against King Henry the 3d. and Hubert his Justiciary f 547. B. C. His Death Ibid. D. Richmont Castle by whom Built f. 199. B. C. The Establishment of its Guard Ibid. D. E. What Lordships the Earl was possessed of f. 200. B. Baldwin de Ripariis, or Rivers, made Earl of Wight f. 574 A. Ripuarii who they were f. 60 F. Rishanger his Character of Simon Montfort Earl of Leycester f. 652. E. Petrus de Rivallis Bishop of Winchester, Protector to Henry the 3d. f. 529. B. He was removed from Court f. 539. F. The King wholly guided by him f. 553. F. His Answer to Richard Marsechal f. 554. C. His advice to the King to reduce his Rebellious Barons by force and Arms f. 555. A. His Answer to the Preaching Friars exasperated the Bishops f. 556. B. He slighted their Threats of Excommunication Ibid. C. He was remould from all secular Offices f. 559. E He was summoned to his Trial and Committed to the Tower, but taken out by the Archbishop of Canturbury f. 561. B D. E. He was sent for to Rome by the Pope to assist him in his Wars against Frederick the Emperor f. 562. E. His Death f. 571. B. Robert Duke of Normandy died in his return from the Holy-Land f. 186 A. Robert Eldest Son to William the Conqueror, set up for King of ●ngland f. 218. D. His Chief Friends and undertakers Ibid. E. He is reconciled to King William his Brother f. 221. E. He mortgaged his Dukedom to him and undertook the Cross f. 223. A. B. His Preparation to invade England after King William's Death f. 235. C. D. The Ternis on which he agreed with Henry the 1st. his Brother f. 236. C. D. He released his Annuity to his Brother f. 237. B. He granted Robert Belism his Father's Honours and Fstate f. 240. A. He is taken Prisoner and sent into England f 243. A. His Death and Burial at Gloucester f. 254. D. Robert Earl of Gloucester his conditional Homage to King Stephen f. 273. C. D. His great concern for Maud the Empress f. 274. F. He defied King Stephen f. 275. C. His Possessions and Castles in England seized Ibid. D. He Landed in England with the Empress f. 278. F. He went to Treat with the Legate and was taken Prisoner f. 286. C. F. He was exchanged for King Stephen f. 287. A. He put King Stephen and his Brother the Legate to flight f. 289. A. F. His Death f. 290. D. Robert Brother to Lewis King of France chosen Emperor by the Pope and Conclave f. 573. F. Rochel Surrendered to Lewis King of France f. 534. lin. 1. Rochster made a Bishopric f. 103. F. Roderick King of Connaught his resolution to oppose Dermot f. 354. A. He solicited Fitz-Stephen to desert Dermot Ibid. B. A peace between him and Dermot Ibid. C. He was overthrown by Fitz-Stephen f. 355. lin. 1. Roger Bishop of Salisbury a favourer of Maud the Empress f. 275. E. F. His submission to King Stephen f. 276. B. C. His severe charge in a Council at Winchester f. 277. F. His defence, and threats to appeal to Rome f. 278. B. Rolland usurped the Government of Galway f. 340. D. He made his peace with King Henry the 2d. f. 341. D. Rollo the Dane entered France with an Army, had Normandy and Britain assigned him f. 185. C. D. He turned Christian and divided his Dominions among his followers Ibid. E. F. Romans entrenched their Army every night f. 8. B. F. They were amazed at the hideous habits and gestures of the Britain's f. 18. C. Their barbarous usage of Boadicia and the Britain's Ibid. E. Their Subversion and ruin portended by Prodigies f. 19 A. B. Eighty thousand of them slain by the Britain's Ibid. C. D. E. F. They revenge themselves on the Britain's with a like slaughter f. 20. D. E. Their Division of Britain f. 36. E. F. Their departure out of Britain f. 40. A. Their Military Establishment in Britain f. 41. etc. Their Garrisons upon the Wall f. 45. C. Their Garrisons placed in the Frontiers f. 48. A. Their Castra Stativa, Hiberna, and Aestiva Ibid. B. C. D. Their Ways and Stations Ibid. F. Their Soldiers burdens, when they marched f. 50. A. B. How oft they exercised Ibid. William de Ross unkindly treated by Henry the Third f. 587. A. Roturiers, who f. 160. C. Walter, Archbishop of Roven, Interdicted Normandy f. 453. D. The Pope's advice to him f. 454. B. Rowena Hengests Daughter married to Vortigern f. 94. D. Peter Ruby sent into England to be the Pope's Collector f. 576. l. 2. His Policy to get Money Ibid. A. John Rufus a quasi Legatus sent into Scotland f. 599. C. His Extortion there Ibid. Rustand sent into England to be the Pope's Collector f. 615. D. The Powers granted to him and the Archbishop of Canturbury Ibid. His Accusation and Removal from his Dignity and Office f. 623. A. B. S. SAher, Earl of Winchester, adhered close to Prince Lewis f. 524. E. Saladine, Emperor of the Saracens offered King Richard a Truce f. 431. F. Salic Laws, when first written, and why so called f. 60. A. E. Salustius Lucullus, succeeded Agricola in Britain f. 27. A. Sapientes among the Saxons, who they were f. 85. E. Peter of Savoy, Earl of Richmond resigned his Castles to Henry the Third f. 581. C. D. Saxons, who they were, and from whence they came f. 44. E. They made use of the Roman Camps f. 48. E. No exact History of their Actions to be expected f. 51. C, etc. Their Usages and Customs not found in our Historians f. 52. E. Nor mentioned by Tacitus Ibid. F. Their Seat and Country mentioned by Ptolemy f. 53. B. Their punishments capital the same with the Germans Ibid. C. D. To whom their pecuniary Mulcts were paid Ibid. E. Their way of Inheritance and Succession Ibid. F. Their propriety only Annual f. 54. A. Their manner of eating and drinking Ibid. B. The time of their Assemblies, and who was Chairman Ibid. D. Who declared their Laws and Rights Ibid. E. Their Courage and Value they set upon their Prince f. 56. B. Theft allowed among them Ibid. C. Their Foot how raised Ibid. F. Their Servants and Slaves, who, their Office and Employment f. 57 A. They exercised Piracy Ibid. E. They Invaded the British Isles f. 58. A. Where their Seat in Germany, and who joined with them Ibid. C. D. When and by whom called into Britain Ibid. F. Their manner of Government f. 59 A. B. Saxon Laws, when first made, and by whom Ibid. D. E. F. They were the same with the Germans f. 62. C. The Agreeableness between them and the Germane Laws Ibid. and f. 63. How they punished Murder, Theft, Slander and Trespess Ibid. Saxon Tenors f. 66. A. 67. E. F. Their Lands held by Military Service f. 68 A. B. How they proceeded in judgement f. 76. A. B. No Forms of their Writs to be found f. 77. B. Their Agreement with the Germans in the manner of their making Laws f. 84. B. and 85. They secure their Lands by great Ditches f. 86. A. When they held their Councils f. 87. C. D. Their Princes always presided, or others by their appointment Ibid. F. The Bulls, Charts, Privileges and Epistles kept in their Monasteries, esteemed Cheats f. 91. E. A perfect Form of their Law-proceeding not known fol. 139. F. They were invited into Britain by Vortigern, and had the Isle of Thanet assigned them f. 94. A. They vanquished the Scots and Picts Ibid. B. They quarrel with the Britain's, and take part with the Scots f. 95. B. D. Their treachery and cruelty to the Britain's f. 96, 97. Their Heptarchy and Catalogue of their Kings Ibid. He that had most Power, was esteemed King of the English fol. 100 D. Westsaxons converted by Byrinus f. 105. E. Southsaxons converted by Wilfrid f. 107. l. 1. Their great Devotion and Piety f. 109. E. F. The Ignorance of their Priests and Bishops f. 115. D. E. Scabini, who they were f. 76. B. Scotalls, what they were f. 487. F. Scotland, their King's Demand of King Richard f. 433. A. King Kichard's Answer to them Ibid. B. Scots, who they were f. 35. B.E. They invaded and spoiled the Britain's f. 38. A. 39 C.D. What Hostilities and Barbarities they committed in Northumberland f. 317. A, etc. Their King and many Great Men made Prisoners Ibid. F. Their Bishops, Abbats, Earls and Barons swear Allegiance and Fealty to Henry the First and his Son f. 324. A. B. C. And owned a submission to the Church of England Ib. & f. 415. B. Their King did Homage to Rich. King of England f. 424. l. 2. Segintiaci, who they were f. 10. l. 2. Stephen de Segrave made Justiciary of England by Henry 3d f. 550. A. He was removed from his Office, and called to an Account fol. 561. F. He was fined f. 562. D. He is again received into Favor f. 565. lin. 1. And made one of the King's Chief Councillors f. 572. F. Senana, Prince Griffins Wife, her complaint to Henry the Third fol. 579. C. Her offer to King Henry in her Husband's behalf Ibid. D. Seneca his Extortion and Covetousness f. 18. F. Seneschal of Normandy, who, his Office and Power f. 163. C. Grand Serjeanty, what it was f. 80. F. Sergeants of the Sword, who f. 162. D. Serlo, Bishop of Seez, exhorted Henry the First to Conquer Normandy f. 241. A. His Invective against long Hair, and then polled the King Ibid. C. Servants their Condition in Germany f. 83. B. Servi, who they were f. 206. F. Services all base and ignoble but Military f. 160. F. Severus defeated Albinus, and slew him f. 29. D. He was saluted Emperor, and came again into Britain Ibid. D. E. He affected the Name of Britannicus f. 30. l. 1. His great endeavours to conquer the Britain's Ibid. A. D. He repaired Hadrians wall Ibid. D. He fixed his Tribunal at York, and died there Ibid. E. Sheriffs that were unjust removed, and corruptions in that Office prevented f. 564. D. They were cited by the King to pay their Rents into the Exchequer f. 619. F. Sigibert, King of the East-Angles, converted to Christianity f. 105. B. Silureses, who they were f. 15. A. They vex and destroy the Romans f. 16. E. What moved them to this revenge f. 17. l. 1. They were repulsed by Didius Ibid. A. Sithcundman, who he was, and his Office f. 68 E. F. Siward, Earl of Northumberland opposed Earl Goodwin f. 132. D. He vanquished the Tyrant Macbeth, and made Malcolme the Third King of Scotland f. 134. B. Slaves when first in Germany f. 82. C. Statutes of Clarendon renewed at Northampton f. 326. Of Verneul f. 332. D. E. F. Of Merton f. 563. B. Of Merlebergh f. 665. B. Stephen, the Third Son to the Earl of Blois, claimed the Crown of England f. 272. B. C. D. The Bishops adhere to him contrary to their Oaths Ibid. His Coronation Oath Ibid. E. F. His Title confirmed by the Pope f. 273. A. He seized King Henry's Treasure, and received the conditional Homage of some Noble Men and Bishops Ibid. B. C. D. E. He confirmed his Charter to the Church by his Oath Ibid. F. A Peace between him and David King of Scots f. 274. C. His usage of the Church and Churchmen Ibid. lin. 1. His treacherous dealing with the Earl of Gloucester Ibid. D. E. He granted his Crown Lands to his adherents f. 275. A. B. Robert Duke of Gloucester defied him Ibid. C. He was cited by the Pope's Legate to appear before an Ecclesiastical Council f. 277. A. His faults aggravated by the Legate Ibid. B. C. D. He was defended by Alberic de Ver Ibid. E. f. 278. D. The Legate and Archbishop of Canturbury cast themselves at his Feet Ibid. E. The War between him and the Empress managed with Rapine and Barbarities f. 280. A. etc. He took and Garrisoned the Isle of Ely f. 281. A. B. His Lords assumed to themselves Rights of Majesty f. 282. A. His great averseness to Peace Ibid. B. C. His Army beaten, and he taken prisoner f. 283. A. He was fettered at Gloucester Ibid. B. His Queen and the Londoners Petition for his Release fol. 284. D. E. His adherents excommunicated by the Lagat f. 285. A. He was exchanged for Robert Earl of Gloucester f. 287. A. His complaint against his Vassals and Feudataries Ibid. B. The Tower of London delivered to him f. 290. A. He was basted at Lincoln Castle by the Earl of Chester Ibid. B. He called a General Council at London f. 291. F. The Archbishop refused to Crown his Son Eustachius fol. 292. A. Several Great Men swore Allegiance to his Son Ibid. B. The Death of his Queen and Son Ibid. C. F. A Peace and Agreement between him and Duke Henry fol. 293. A. His Death Ibid. B. Ecclesiastical Affairs in his Reign Ibid. D, etc. No Taxes or Subsidies in his Reign f. 297. A. His Issue Legitimate and Natural Ibid. B. C. D. Stephen the Pope's Chaplain sent hither to Collect a Tenth promised by Henry the Third f. 542. C. He was opposed by all the Laity Ibid. E. He had Power to Excommunicate such as refused Ibid. F. He grievously oppressed the poor Clergy f. 543. A. Robert Fitz-Stephen in assisting Dermot was repulsed at Wexford fol. 352. A. B. E. The Agreement between him and Dermot renewed Ibid. D. Wexford surrendered and granted to him f. 353. A. He with Reymund and Maurice routed Prince Roderic, and spoiled his Camp f. 358. B. C. He was taken Prisoner by a Trick Ibid. E. F. He was delivered to King Henry the Second, and by him imprisoned f. 359. F. Cork granted to him and Miles Cogan f. 396. F. Sterling, why so called f. 211. F. Stigand Archbishop of Canturbury deposed f. 212. F. Richard Strongbow, Earl of Strigul, his Agreement with Dermot, Prince of Leinster f. 351. D. He landed in Ireland, and obtained a bloody Victory fol. 356. B. He Married Eva Dermots Daughter Ibid. D. He relieved Fitz-Stephen, and delivered Dublin to Henry the Second f. 359. A. B. C. His Death at Dublin f. 365. C. He granted his whole Right and Title in Ireland to Henry the Second f. 374. D. William de Stutevill his Trial for a Title to a Barony f. 465. F. Suetonius sent Lieutenant into Britain f. 18. B. His great Victory over the Britain's f. 20. D. E. Sueves, whence they came f. 38. B. F. They with the Alans and Vandals troubled the Empire Ibid. C. D. Suitors to Courts bound to attend under Forfeitures and Mulcts fol. 145. C. None to be Jurors, but such as knew the Case Ibid. D. E. Sunnis, what it signifies f. 76. D. Swain, King of Danemark invaded England f. 124. B. His success and cruelties Ibid. He imposed great Tributes on the People f. 125. A. F. Richard Sward fell under the displeasure of Henry the Third f. 555. A. He is again received into the King's Favour and Council fol. 560. E. F. He was banished the Kingdom f. 564. E. T. TAncred, King of Sicily, Answered King Richard's Demands fol. 428. D. He discovered the French Kings treachery to him f. 429. E. Tenors of the Saxons, what they were f. 66, 67, 68 Most of ours from Normandy f. 156. A. Tenors of Homage, when made easy and heritable f. 159. E. How many ways they became free and hèreditary f. 160. lin. 1. In Franc-Almoigne, Burgages, Soccage, Bordage and Gavel-kind Ibid. B. C. D. Terms and Vacations, from whence f. 178. E. F. Testudo, what it was, and its use f. 7. F. Thainland, what it was f. 80. D. Thames River frozen f. 293. B. Theft how punished by the Saxon Laws f. 63. B. Thegns or Tains were Military Men f. 70. C. and 80 B. C. D. Theobald Archbishop of Canturbury refused to Crown Eustachius King Stephen's Eldest Son f. 292. A. He was forced to flee, and his possessions were seized Ibid. B. His endeavours to reconcile King Stephen and Duke Henry fol. 293. F. He and other Bishops went to the second Lateran Council Ibid. F. Theodore made Archbishop of Canturbury by Pope Vitalian f. 106. C. He erected Latin and Greek Schools there Ibid. The whole English Church submitted to him f. 107. A. He erected Bishoprics and distinguished them into Parishes f. 107. A. Theodosius sent by Valentinian into Britain f. 35. C. His success against the Scots and Picts Ibid. He secured the Government of Britain f. 36. A. B. C. He was recalled and made Emperor f. 37. B. Thrinsa, what it was f. 119. F. Thurstan, Elect of York, refused to make his profession to Canturbury f. 266. B. C. He desired the Kings leave to go to the Council of Rheims f. 267. E. He procured his Consecration from the Pope Ibid. The King prohibited his return into England Ibid. F. He was at length permitted on conditions f. 269. A. Tiberius made no attempt upon the Britain's f. 11. B. Tinn-Mines, when first discovered in Germany f. 58. F. Tithes not paid in Augustins' time f. 102. F. Of all England granted to the Church by Ethelwolph fol. 112. A. B. The Grant subscribed by all the Kings and Nobility of the Kingdom Ibid. C. Tithings, why so called f. 84. F. Roger de Toenio opposed Duke William's Succession f. 186. B. He was overthrown and slain Ibid. C. Togodumnus slain f. 13. B. Tolls and Customs for what paid f. 209. D. Tosti, Harold's Brothers, made Earl of Northumberland f. 134. B. His Tyranny over the Northumbrians Ibid. F. He was driven out of his Earldom Ibid. Tower of London, by whom built f. 203. A. Trebellius Maximus, Lieutenant of Britain f. 21. C. Treviri, who they were f. 35. B. E. Trinobantes, who they were f. 9 F. They yielded themselves to Caesar Ibid. D. Henry de Trubleville sent by Henry the Third to Frederic the Emperor's Assistance f. 571. A. Trial by Ordeal, Oath, Battle and Decretory Morsel f. 65, 66. Trials under 40 l. value where had f. 144. D. In the Conqueror's time for Church-Lands and Tithes fol. 141. A. etc. Between Men of the same Jurisdiction, how and where fol. 145. A. Between Men of different Jurisdictions, where Ibid. B. By Juries used at the making of doomsday f. 146. F. By Assize when first introduced f. 147. lin. 1. By Ordeal when prohibited Ibid. B. C. By Battle or Duel, when claimed Ibid. F. Who allowed to undertake it f. 148. C. The punishment of the vanquished Ibid. E. A Writ of seizure granted the Victor f. 149. lin. 3. In criminal Cases when allowed Ibid. B. When Appellant or Defendant were vanquished, how punished Ibid. D. By Combat in Civil or Criminal Cases, under whose Direction Ibid. E. From whence and by whom Instituted f. 150. C. Tungrians, who they were, and where they dwelled f. 26. B. Turkill, a great Commander among the Danes f. 125. l. 2. Richard de Turnham, his Controversy with the Bishop of Durham fol. 456. A. B. Robert Tweng alias Thing, plundered the Italian Clercs of their Corn and Money f. 548. D. He justified what he had done before the Inquisitors fol. 549. A. B. U. VAcation, when and wherefore appointed f. 179. B. C. Vandals, from whence they came f. 37. F. Vectius Bolanus sent Lieutenant into Britain f. 22. A. He gained the Affections of the Britain's Ibid. Vendome taken by Henry the Second f. 316. E. Alberic de Ver, his defence of King Stephen before the Pope's Legate f. 277. E. F. 278. D. Veranius made Lieutenant of Britain f. 18. B. Verulamium plundered by the Britain's f. 19 E. Vespasian rescued by his Son Titus from great danger f. 13. A. He fought the Britain's thirty times, and took the Isle of Wight Ibid. C. He was made Emperor, and subdued the Britain's f. 22. B. E. Viscount, who and his Office f. 162. C. Vicus, what it signifies f. 54. F. Villani, who f. 206. F. Virgata Terrae, what f. 205. C. Ulster granted by King John to Hugh de Lasci f. 518. B. University of the Kingdom, who, and their complaint against Papal Exactions f. 593. A. E. The Pope's Answer to them Ibid. F. Volusinus sent by Caesar into Britain f. 1. E. Vortigern, King of the Britain's f. 93. C. He called in the Saxons to assist him against the Scots and Picts f. 94. A. He Married Rowena, Hengists' Daughter Ibid. D. Urban the fourth chosen Pope f. 636. A. His Death f. 654. C. W. WAles vid. Welsh. John Walerand made Custos of the City of London by Henry the Third f. 654. F. Walo or Gualo sent Legate into France f. 508. A. He dissuaded Prince Lewis from invading England Ibid. D. King Philip's Answer to him Ibid. His Plea for King John f. 509. A. B. He left France in a Fret Ibid. C. He Excommunicated Prince Lewis and Simon Langton Archbishop of Canterbury f. 510. E. He accompanied the King's Army against Prince Lewis fol. 525. B. C. The encouragement he gave the Soldiers Ibid. E. He refused to absolve the Religious that assisted Prince Lewis f. 527. F. He suspended such, and forced them to compound f. 528. l. 1. He returned to Rome f. 530. l. 1. Robert Fitz-Walter chosen General of the Barons f. 496. A. He was named the Marshal of the Army of God and Holy Church Ibid. He subdued Essex and Suffolk f. 511. B. Walter, Archbishop of Roven Interdicted Normandy f. 453. D. Wambais, what f. 337. B. Wans-ditch, where f. 86. C. Wards Married to Foreigners f. 598. E. Warham Castle taken by King Stephen f. 288. E. Retaken by the Earl of Gloucester f. 289. A. Fulk Fitz-Warin treated the Pope's Legate roughly f. 593. B. William Warlewast King William Rufus his Messenger to the Pope fol. 230. E. F. He was sent thither by King Henry the First f. 259. B. His resolute Demands of the Pope Ibid. C. D. He prohibited Anselm to return into England Ibid. F. The King owned and maintained his prohibition f. 260. B. He is again sent to the Pope f. 261. C. Watling-street, where it was f. 49. l. 1 Ways made by the Romans in Britain, four in number Ibid. D. E. The privileges that belonged to them Ibid. F. Welch invade England f. 222. F. They join with Robert de Belism against Henry the First fol. 238. B. They are subdued by Henry the Second, and do him Homage fol. 299. C. D. Their Kings and Noblemen do Homage to Henry the Second f. 330. F. They do Homage of their own accord to King John f. 480. B. They make Incursions into England f. 482. B. Their Hostages hanged up by King John Ibid. C. They made several Incursions and Revolt f. 449. D. 590. A. They were wholly subdued by Henry the Third, and received the English Laws f. 605. E. They again revolt, invade, ravage and spoil the Borders fol. 620. C. D. 621. E. F. They offered a Submission, but were refused f. 622. A. What moved them to rebel at this time f. 623. E. They are Reduced, and a firm Peace Established f. 663. E. F. David Welch, his great Courage f. 363. B. Henry de Wengham, chosen Bishop of Winchester, but refused it f. 635. D. Weregild, what it was f. 62. F. Wexford surrendered and granted to Robert Fitz-Stephen f. 383. A. They besiege Fitz-Stephen in Karrec Castle f. 357. F. They are routed and their Camp spoiled f. 358. B. C. They took Fitz-Stephen Prisoner by a trick Ibid. E. F. Widomar of Limosin found a great Treasure f. 457. E. King Richard demanded the whole of him Ibid. F. Wilfrid, Archbishop of York, displaced by King Ecgfrid f. 88 E. He appealed to the Pope, but without success Ibid. He was restored by Alfrid his Son f. 89. A He was again put out, and appealed, but to no purpose Ibid. He converted the Saxons and Isle of Wight f. 107. A. William Duke of Normandy, afterwards the Conqueror, but eight years old when the Bishops and Great Men swear Fealty to him f. 186. l. 4. Bastardy accounted no bar to his Succession Ibid. B. His Success against all that opposed or confederated against him f. 187. A. B. C. etc. He claimed Anjou 〈◊〉 his I heritance. f. 188. C. His Piety, Temperance, and Justice Ibid. D. E. F. He came over into England f. 133. A. His Message to Harold, and his Answer f. 136. A. The Pope espoused his Cause, and sent him a Banner Ibid. He was declared Successor to Edward the Confessor f. 135. A. He propounded to his Great Men an Expedition into England f. 136. D. E. The Motives that induced him to undertake it f. 137. A. He landed in Sussex with his Army Ibid. His offer to Harold refused Ibid. C. His Success and great Victory over the English Ibid. D. E. and f. 189. D. The Kentish men and Londoners submit to him Ibid. E. He was Crowned at Westminster by Aldred f. 190. C. He distributed Harold's Treasure to his followers Ibid. D. E. He received the Fealties of Edwin and Morcar, and granted them their Possessions f. 191. A. He placed Frenchmen in places of Trust Ibid. He passed into Normandy, and took the chief of the English Nobility with him Ibid. B. D. He cajoled both the English and Welsh f. 192. E. He severely taxed the English f. 193. C. D. He built Castles all over England f. 194. A. B. He wasted Northumberland, and quieted all Merica fol. 195. D. E. Gospatric and Waltheof reconciled unto him Ibid. Ralph de Guaders Conspiracy against him defeated fol. 202. B. C. D. He commanded Lands taken from Bishoprics to be restored fol. 140. B. Trials for Recovery of Lands in his Reign f. 141. A, etc. He subdued the Isle of Ely, and used them babarously fol. 196. E. and 197. He divided the Nation among his Followers Ibid. C. D. E. and f. 159. C. f. 198, 199. His Grant to the Earl of Britain f. 199. A. He invaded Scotland, and made them submit f. 202. l. 1. His Son Robert rebelled, but was soon reconciled Ibid. E. fol. 203. lin. 4. He wasted the King of France his Country Ibid. B. He seized his Brother Odo's Treasure Ibid. D. E. He Established a settled Revenue f. 204. B. The several Branches of it Ibid. and f. 208, etc. 209. D. 210▪ A. How his Rent was paid f. 210. B, etc. His yearly Revenue, what f. 211. A. His Army not paid out of his standing Revenue Ibid. He brought Church Lands under Military Service f. 212. A. He quartered his Soldiers in Monasteries, and carried away the●r Treasure Ibid. B. C. D. He brought in the Norman Laws, and called Ecclesiastical Councils Ibid. E. F. He brought in the Servitude of Fees f. 156. B. He displaced English Bishops and Abbats, and put Normans in their room f. 213. A. B. He allowed no Pope to be owned but by his Command Ibid. C. He suffered not his Barons to be excommunicated without his leave Ibid. D. He distinguished Ecclesiastic from Civil Jurisdiction f. 214. C. What privileges he granted to Battle Abby Ibid. F. He refused to become the Pope's Feudatary f. 215. A. His Death and Issue Ibid. D. E. F. William Rufus, second Son to the Conqueror, brought his Father's Donation to Lanfranc f. 217. C. D. Who were his greatest Assistants in gaining the Crown Ib. E. F. Duke Robert's friends opposed his Succession f. 218. C. D. E. The Natural English, and all the Bishops took his part f. 219. A. Rochester Castle surrendered to him on conditions Ibid. D. The Arts by which he settled himself f. 220. l. 3. A Peace between him and his Brother Robert Ibid. D. E. He was much caressed by all for his bounty f. 221. D. A Conspiracy against him in England discovered f. 222. A, etc. His Brother Robert Mortgaged Normandy to him f. 223. A. Aquitain pawned to him by William Duke of Poictou fol. 224. B. C. He was slain before he could take possession of it Ibid. D. Ecclesiastic Affairs in his Reign f. 225. The great Controversy between him and Anselm f. 226, 227, 228, 229, 230. He was accused by Eadmer for Judaizing f. 231. C. His Revenue as great as his Fathers Ibid. D. E. F. William King of Scotland taken Prisoner by the English f. 317. F. He did Homage to Henry the Second King of England f. 323. F. The Agreement between both Kings sealed f. 324. D. He offered 5000 Marks towards the Holy War f. 344. F. His Demands of King Richard, and his Answer f. 443. A. B. His Demands of King John by his Envoys f. 462. C. He was admonished in his sleep not to invade England f. 464. B. He did Homage to K. John, then made his demands f. 468. C. F. William Earl of Pembroke Protector to Henry the Third, vid. Marshal. William de Warrenna restored to his Earldom by Henry the First fol. 237. C. William, Son to Duke Robert, set up by the Norman Great Men fol. 247. C. D. He was Married to the Sister of Alice Queen of France fol. 253. C. He claimed Normandy, but was rejected Ibid. He was made Earl of Flanders by King Lewis Ibid. D. He was slain before Alost Castle Ibid. E. Duke Robert's Issue extinct in him Ibid. F. William, Eldest Son to Henry the First, married the Earl of Anjou's Daughter f. 248. C. He and 300 more drowned in their return from France fol. 252. A. B. William, Abbat of St. Osiths, chosen Archbishop of Canturbury f. 269. C. He scrupled to Crown K. Stephen, but was satisfied f. 273. A. William with the Beard caused a Sedition in London, is taken and hanged f. 448. A. William Witham vid. Robert Tweng. Winchester made a Bishops See f. 105. F. Wings of Soldiers, what they were, and their number f. 45. F. Wisigoth-Laws, by whom composed f. 60. C. Witena-Gemotes, what they were f. 112. E. Worcester, the Bishops Plea for Recovery of Lands f. 141. B. The City taken and burnt by the Citizens of Gloucester f. 280. B. The Rapine of the Soldiers there Ibid. D. E. Earl Walerans' revenge for destruction of the City Ibid. fol. 281. B. Earl Philip made Governor of Ireland f. 372. A. Writ of Right, where first brought f. 144. D. Now become obsolete f. 150. E. To whom directed, and by whom executed f. 151. A. Of William Rufus for assembling the County f. 143. B. C. Y. YOrk, the Archbishop to make his Profession of Obedience to the Archbishop of Canturbury f. 264. F. He contended with the Bishop of London about Crowning the King f. 265. A. FINIS.