JACOBUS IIds. D.G. Angliae: Scotiae: Fran: et Hiber: REX. Fidei Defensor. etc.
DIEU ET MON DROIT

R. White sculp

Saml. Lowndes excu:

HONI SOIT QVI MAL Y PENSE

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 shewed 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 Antient 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 Remarques.

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

To the Most Excellent MAJESTY OF A JAMES the Second, KING of ENGLAND, B SCOTLAND, FRANCE & IRELAND, Defender of the Faith, &c.

GREAT SIR,

C I Presum'd 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 D 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 E to them, or by sufficient Record. And my In­tention in Writing after this Manner, was to shew and convince Men of Impartial and Unbyassed Minds, That they cannot, by Reading Ordina­ry Historians, know what the Antient Govern­ment F 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 [Page] the Times I VVrite of, they might have Obtein­ed 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 A 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 main­teined and secured; And is such as by Your own great Management, with the Assistance of Your B 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 VVisdom, Justice, Courage, and Faithfulness to C Your Royal VVord, that hath not a Prospect of our future Happiness and growing Greatness? That therefore Your Health and Vigor 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 D 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 E 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 MAJESTIES Most Faithful and obedient Servant,F and Dutiful Subject ROBERT BRADY.

TO THE A 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 B an Impregnable Rock against the pretended Sove­raignty and Power of the People in this Nation, which the Re­publicans can never climb over.

To shew 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 C 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 Learnt, 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 D 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 Scrible the same Things over again, and Publish them in a New Dress: I have been forced to be very much E longer, both in that Preface, and the History it self 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 Priviledges the People can pretend to, were the F 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 Rigor, and [Page] 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 A 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 Lay-men, and to be wholly free from Subjection to Secular Power.

The Laics also contended about their Feudal and Military B Services and Performances, and the Relaxation of those Laws and Tenures, 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 Inlarge­ment, and further Explication of that of King John, which in the Main were but Concessions of the more Moderate Use of C the Feudal or Military Law; by which their Fees, Tenures, and incidents to them, were made more easie 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 Free-hold Lands, according to the present Notion of them.

Nor were the Proprietors of them of much Esteem, until the D 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 Burthens (as they then accounted them) of attending at Hundred, and County Courts, and upon the Justices in their Iters or Circuits, and Sheriffs in E their Turns; but either sent their Attorneys or Deputies, or by Laws of their own making, forced the inconsiderable Free-holders, or Soccagers, upon that Drudgery.

Nor were these Military Men any other than Normans, or the Descendents 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 F 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 Easie Terms, and that Abatement of the Strictness of the Law they required

[Page]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 Tenures, whether in Soccage or other­wise, A were esteemd 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 De­scendents, 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 Stephans Charter of Liberties, who were likewise all Normans B 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's 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; C 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 D or Great Man to be found in all these Kings Reigns, that was not of Norman, or other Foreign Extraction.

And yet in spight 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, E and mention any thing relating to them, but the Magnanimity of the English in Appearing for their Birth-rights▪ and the great Privileges they had formerly injoyed, 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 F so great Benefits and Favours.

In King Henry the Thirds time, the Controversie was not a­bout the Great Charter it self, 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 [Page] 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 A 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 conteins two meanings, the Kings Mind and Interpretation is to be expected, when as he that made and Granted, ought to Interpret it.

The Barons and Bishops, as often as they had a mind to B 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 Clamors, 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,C 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 stifly insisted upon it, to have a Power to See Answer [...]o the Rights of the Com­mons asserted, [...]. 131, 132, &c. choose the Justiciary or Chief Justice, and send into D 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 Humor and Clamor 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 E 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 Sta­ [...]utes, f. 16, 17, &c. Statute of Marle­borough, F 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 [Page] 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 rendred them good or bad, as they were more or less Kind and Beneficient to the Church, Church-men, and themselves; and Extolled or Defamed A 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 B 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 Tray­tor that had been heard of in that Age.

The old Bone of Contention (the Feudal or Military Law C and Tenures) 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 Con­troversie 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 D 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 E 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, F 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 [Page] 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, shews 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.A

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 Mens 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 my self to B 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 injoy their Opinions, it may be others will think, that they serve only to Pervert and Disguise C 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.

DEF
At the Court at WHITE-HALL JƲLY 13th. 1685.

Let this BOOK be Printed.

Sunderland.

THE General Preface.

A TO the Romans originally all Europe is ob­liged for the Civility, Literature, Laws and Government it now injoys, 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 B of Rome it self, with like holy Rites, like Courts, Laws, Temples, and Places of Public Commerce, and for the most part governed by [a] Duumviri in stead of Consuls; [b] Decurions in place of a Senate; [c] Aediles and other Municipal Officers. Besides this of Strength and Safety, there were other Reasons and Advantages, after Rome was C much Augmented, for the Institution of Colonies, as sending forth the Superfluous Multitude, the Poor and Burthensom Comunalty, providing rewards for super-annuated, and over­worn Soldiers, the teaching of Arts, Cultivating and Civi­lizing 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, D 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 inlarged, they Ru­led the Greater Provinces by [e] Proconsuls, the Lesser by Prae­tors and [f] [f] Quaestors: But when Augustus was made Em­peror, [Page ii] he Changed the Form of the Common-wealth,Ibid. Augustus changeth the form of the Common-wealth. 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 A him:Ibid. Their Magistrates he called Proconsuls, 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 reteined himself, he called Legates or Lieutenants, although they had been Consuls, and Vice-Praetors; that is, had born the Office of Praetors. B

Not. Imp. or c. 98. Cities how many a Pro­vince con­teined.Every Province conteined ten or eleven [g] 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; Pretorian and Consular, which were Governed by Proconsuls, the Magistrates or Officers in C Italy were Pretorian 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 Magistrat. &c. 471. Constantin In­stitutes 4 Prae­torian pre­fects. and Instituted four [h] Pretorian Prefects, one of the East, another of Illiri­cum, a third of Italy, and a fourth of Gallia: These had their D Vicars or Deputies under them, who likewise had the Com­mand over several Presidents, 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 Proconsuls, Comites, Counts, &c. The middle E were Consular Provinces, not that they were governed by Consuls or Proconsuls, but by Senators sent with Consulary Ornaments: These were sometime governed by Correctors which were inferiour to them of Consular Dignity, because they used not their Ornaments: Yet they commanded over F [Page iii] 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 Proconsuls did not; Maxima Caesariensis and Valentia were Consular Provinces in Britain, and Governed by [i] Con­sulars; The less or smaller Provinces were subject to Presidents, by such were Ruled Britannia prima, secunda & Fla­via A 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 B 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, C 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 utram (que) 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 meer State and Honour, according to the first Institution: This Conjecture wants not some Authority to Confirm it: Zosi­mus D Reports, that the Vice-Pretor was called Duke: And Viri­us Lupus Propretor or Lieutenant was called President by Ul­pian: Panciroll says those which Governed small Provinces, by Special Appellation, were called Presidents;Not. Imp or c. 99. yet all Pro­consuls and Governours of Provinces were conteined under the General Name of President, and they agreed in very many E 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 Pretorian Prefect of Gallia, under whose Direction or Disposition were the two Consulars, Alciat. Tome 2d. 482. and three Presidents before mentioned. In his Office or Court of F [Page iv] State he had these Officers;The Officers of the Vicar [...] Court, ibid. Princeps, &c. Principem de Schola agentium in rebus ex [k] ducenariis. The Chief or Principal of this Court who gave Direction to the other Officers, was of the Society or Corporation of the Emperors Emissaries, Panciroll. Not. o [...] c. 64. Spies and Pursuivants, and Superintendents of the [l] Publick Course, or such as Rode Post.A

Ibid. c. 11. Cornicularius ▪ what. Cornicularium, One that Wrote and Published the Com­mands, Sentences and Decrees of Pretorian Prefects, Presidents, 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 Numbred and B 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 Empe­rors 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 oft-times in the East. C

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 Calender of them to the Judges.

Not. Imp. or c 14. Public Nota­ries, who. Ab actis, Publick Notaries, who Wrote Testaments, Con­tracts, and other Instruments, which were signed before the D Judge or Justice, and attested by him, that after the death of the Parties or Judge they might remain Authentic; the Gene­rals 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 Governours of Provinces sending Letters and Epistles to the Emperor, Epistolares what. they who had the Care of E these had this Title, and were also called Epistolares, per­haps they were not unlike our Secretaries.

[Page v] 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 A 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. chiefly in cases of Appeal to the higher Officers, which they kept, and B 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 Imployment which they had; so sometimes Scouts and the Forlorn Hope of their Armies were termed▪ they seem to have been Prosecutors, Informers, Bailiffs, Serjeants, C Catchpoles, Exactors of Tribute, or some such Persons.

Et reliquos officiales, or reliquam officium, Alciat. Tom. 2.482 such might be Apparitors, Messengers, Summoners, &c.

This was the Court of the Vicar or Deputy of Britain, The Vicar of Britain. under the Vice-Roy or Pretorian prefect of Gaul; These his Officers in that Court.

D 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 E covered with Green, and the Letters Patent or Commission, as in a Gilt Cover, with several Letters Inscribed upon the Book, which Panciroll 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 F 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 sate in a Throne, [Page vi] with a Mural Crown, holding in her right hand a Banner, and resting her self 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 Pretorian A Prefect of Gallia, that he had not an Epistolaris, and that he had two Tabularii instead of the Numerarii, who dispatcht the same Business, and noted the Summs 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] which ought not to desert the Service of this Office, without the notice, and fa­vor B of the Master or chief.

Not. Imp. occid. c. 64. &c. 92.93. The Presi­dents Ensigns.The Presidents 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 President of Dalmatia, and he had almost the same Officers and Court C with other and greater Magistrates. The Vicar and Counts were honored with the Title of Spectabiles; the Consulars, with the addition of Clarissimi, and the Presidents 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 D 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 f. 67.68. &c. 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 E write of, or incidently meet with them, when they write of other Things, and in their Coments upon Magna Charta, and some other Old Statutes, do magnifie 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 F Historians do report the same things of them; I shall from [Page vii] Authentic and undeniable proof out of Domesday Book, shew them, what Really their condition was, before and after the Conquest

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, &c. or if they were A 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 Antiently very frequent in many parts in France.

B

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 C some Annual Service. Commendatio was the Safeguard or Protection it self, 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 Domesday Book. In D Cotetuna Tenuit Teit Commendatus Dimidius Edrico praeposito Regis, & Dimidius Commendatus Antecessori Malet, &c. Little Domesday Book, f. 322. b. This Teit in the time of King Edward had two Protectors, Edric the Kings 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 E Commendati; that is, Servants under them, or such as had dependance 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 ii liberi, homines, unus eorum fuit Commen­datus F Ulvevae, & Alter Dimidius Sub-Commendatus Ante­cessori Malet. Sudfolc. Little Domesday Book, f. 322. b.

Clliberti, Coliberti.

THese sometimes were called Conliberti, as if they had been Servants, and were manumitted. They were A People of a middle State between Freemen and Servants, yet in Condition nearer to Servants. They had their Pa­trons to whom they paid Rent, and were manumised, as Servants used to be; they had not a full, but conditional Li­berty, and were therefore somtimes called Conditionales, be­cause obnoxious to some sort of Servility; they were much like the old Coloni, Colons or Clowns. See more in Du Fresne B upon the words.

Cotarii, Cottarii, Cotmanni, Cotseti, Coscet, Coscez.

ALL these words are derived from the Saxon Cote, which signifies a pitiful little House, Hole or Lurking Place, C and was the same, Du Fresne says, with the French Bord; and Cotagium, which was such a Cote, 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 D thinks the two last words Coscet and Coscez, to be derived from Coshe, an old English word that signified the same with Cote, 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 falsly written, he not un­derstanding the meaning of it, which was the true old Saxon word for a Cotager.

E

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 F it is derived, it signifies both to give and take Posses­sion: For giving Possession or Seisin, antiently 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 [Page lviii] 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 signifie the Soyl passed, and a little Branch of a Tree, ramus vel fust [...]ca was pricked upon it, to signifie the profits, and what grew upon it passed with it. The several sorts of Sym­bo [...]s A 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,B 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, Arch-Bishop Anselm, and Pope Paschal the Second; Between King C 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, Arch-Bishop 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 D Subjects.

This Investiture was made, or the Possession of the Bishop­rick or Abby given by the Delivery of the Pastoral Staff and Ring, to the future Bishop or Abbat by Temporal Princes; And they had always i [...]oyed this Right of Investiture un­til the Time of Pope Gregory the Seventh, called Hildebrand, E 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 Lay-men 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 F of Christian Religion, We Decree that no Clerc shall re­ceive the Investiture of any Bishoprick, Abby 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, [Page lix] 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 Bishoprick or Abby 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. B 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 inferiour 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 Bishopricks, C or any other Ecclesiastic Dignity, he should be liable to the same sentence; and furthermore unless he repented 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.

D 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 Honors, Ibid. Can. 16. Nor that any Bishop or Priest should do fealty or homage to any King or Lay-man. Can. 17.

E 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 Abbies from any Lay-hand, and forbad all Bishops to Ordain or Consecrate them, Ibid. Col. 617. Can. 17. He that will see what advantage the Clergy made of F 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 Controversie about Investitures inter Regnum & Sacerdotium, between the Secular and Ec­clesiastic [Page lx] 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, &c. f. 93. b. n. 40. f. 94 a. b. &c. And Jurets Ob­servations upon Ivo Carnotensis his Epistles printed at Paris A 1610. p. 740. upon the 233d Epistle, and p. 744. upon the 236th Epistle. The Decrees and Canons, were the foun­dation of the Popes Provisions and Donations of Bishopricks and Ecclesiastic Livings afterwards in all Nations, but especi­ally this.

Libertas Ecclesiastica.B

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 C by Boniface Arch-Bishop 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.

D

DO every where occur in Domesday 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 VVilliam the First, f. 206. F. These were of four sorts, such as sold themselves for a lively­hood. Debtors that could not pay their Debts, Captives in E 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 F the Lords. These Servi perhaps were the same, which in the Antient Surveys of Maners 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 deteined from that Monastery, which belonged [Page lxi] to it, in the time of King Edward, &c. there is this noted a­mongst the rest. Willielmus filius Gorham tenet lxxxvi homi­nes in Meltuna, Qui ita proprie sunt Abbati ut quotiescun (que) praeceperit praepositus, Monasterii Debeut arare, seminare, segetes purgare, Colligere vel terere, Equos (que) invenire in omni necessi­tate A 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.

B

SOca, Soc. generally signifies Liberty or Privilege. Fleta lib. 1. c. 47. says, Soca significat Libertatem Curiae te­nentium quam socam appellamus. Soke 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 C Trying Causes, and also of receiving the Mulcts and Forfei­tures coming from them within his Soke or Jurisdiction, and comes from the Saxon Sace or German Sack, a Cause, Con­troversie 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, &c. D Huic manerio adjacent, T. R. E. xxx acr. Terrae quas tenebat presbyter in Eleemosyna, & reddebat Socham (i.e. he paid Rent) Little Domesday Book, f. 4. a. VVritelan, &c. ibi Dimid. Hid. libere tenet 1 Sochman reddens Socam in Manerio. ibid. f. 5. a. VVirecestre-scire, Terra Episcopi, Hund. Owldestan, Episco­pus habet omnes Redditiones Socharum, &c. Ad manerium Alvertune, pertinet Soca harum Terrarum, Newhuse, VVesthuse, E Mannebi, VVerlegesbi; 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 VVastum est. The Soke of these Lands belongs to the Maner of Alvertun, &c. in them all there was fourscore and five Carucates F which paid Rent, which forty five Ploughs might Till. There were one hundred and sixteen Socmans, now the Ma­ner is wast, Great Domesday, 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, [Page lxii] & 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 Soke At the lat­ter end of great Domes­day Book. Clamores in Nortreding Lincoliae. Super Drogonem Clamat Norman de Adreci tres bovatas Terrae In Normanbi dicit VVapentachium, quod ipsius debet esse Terra, & Drogonis Soca. Ibid. in VVest­tredinge. In both these places, here was the Land, and the Liberty of the Land, that it might be used without too strict B Impositions, and hard services upon it, and for this Protecti­on of it, there was an Annual Rent paid, which was called the Soke. In Ristuna iii liberi homines vi acr. val. xvi 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. &c. de his habuit suus Antecessor Commendationem tantum, & Stigandus super unum C 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 VVanelunt. In Dersincham. 1 lib. homo xii acr. val. xii d. hoc tenet Petrus Valoniensis, de hoc D habuit suus Antecessor Commendationem tantum & Stigandus Socam. Ibid. Here I confess I am in the dark, for 'tis clear, Commendation and Soke are two different things, referred to the same thing, and yet they both signifie Privilege and Protection, for which those that received them paid an An­nual Stipend or Rent. Stanford Burgum Regis, &c. In his E Custodiis, &c. 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, &c. Lincoln. f. 336. b. Col. 2. Stan­ford the Kings 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 F where they will. Upon whom the King hath nothing, but the pecuniary punishment of their faults, Heriots and Tol.

[Page lxiii] Eiam Tenuit Edricus, &c. huic Manerio pertinent xlviii Socmanni cxxi acr. Terrae ex his Socmannis xxvii in Dominio, &c. These Socmen were fixed to the Soyl. Sudfulc. f. 319. b.

Sochmanni de Residene, et Irencestre, et Rand fuerunt A homines Burred et iccirco G▪ Episcopus Clamat hominationem eorum. Northantshire Terra Willielmi Peurel. This VVilliam 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 Geofrey Bishop of Constance had his Land and Title after the Conquest.

In Bertone tenet Willielmus de Cahanges ii Hid. hanc Ter­ram B tenuerunt quatuor Sochmani homines Wallef Comitis, ho­rum Duo Tenuere 1 Hid. & ii 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 C to sell the Land, and recede, might not be the Soke 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 deteined from the Monastery of Ely ▪ which belonged to it in the time of King Edward, and the names of those that deteined them. Walterus miles Hugonis D de Monteforti ten. Terram duarum Carucarum in Maraham. Walter the Knight of Hugh Montfort possesseth two Carucates of the Demeasnes 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 E ad Monasterium, & quoties eorum equos voluerit, & ubicun (que) sibi placuerit toties habebit. Et ubicun (que) 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 Abbat Commanded, Ploughed his Land, and were to weed and bind his Corn, to carry it into the Barn, to carry the Monks Victuals to the F 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 [Page lxiv] 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 Domes­day Book the Entry of the last Clause is thus: Nordfulc, Ter­ra S. Aldred in Clachelose Hund. & Dimid. In Maraham Te­nuit A S. Aldred, &c. 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. B 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 C de Byndinge, Karetandas, in curiam Domini cibo Domini. Item, si habuerint quin (que) 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 quin (que) de quolibet ha­bebit unum Denarium, & de Porco qui non est superannatus D 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 us (que) ad Granari­um Spaldinge, suis proprii expensis. Item, debent pro Astro suo annuatim vii Denarios. Item, debent de qualibet Caruca sua juncta inter Purificationem Beatae Mariae et Festum Sancti Butol­phi E ii s. iv d. Item, non possunt Terram dare nec vendere uisi 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.

F

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 Vice-Comitis Lincol. et Domini Alexan­dri de Poynton, et Domini Willielmi de Welle.

[Page lxv]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, A 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 B County Court of Lincoln, they ought to Plough three days in Lent, if they had Ploughs and Horses; To take Seed at the Priors 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 C 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 peny, and of every one under a year old, an half-peny. D Also, they ought an Aid once in a year to their Lord, saving their Lively-Hood or Imployment 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 Expences. Also, they ought to pay yearly for their Residence upon the Maner, seven pence. Also, they E ought to pay for every Yoaked 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 Kings Writ concerning their Soccage, unless by F 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.

[Page lxvi]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 Bonet, then Sheriff of Lin­coln-shire, Sir Alexander de Pointon, and Sir William de Welle. These were undoubtedly some of the twelve Knights,A 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.

B

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 imployed by Lords of Maners 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.C

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 D 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, &c. and Tofmanni, very little diffe­rent, from the Cotars or Coterelli in Tenure and Services, E 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 F to their only Benefit, and these undoubtedly were such as in Domesday Book are said to be Servi, in respect of whom, all such Customary Tenents, Cotagers, Villans, Bond­men [Page lxvii] or Nativi, that performed certain Works, might be called priviledged persons or Socmen.

All these Men were not exactly of the same condition, though of the same Denomination, for many times Free-men A performed Servile Works in respect of their Tenure, though their Persons were Free, and oft-times 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 Tenents; and I am apt to think that in Pro­cess of Time, all these Names began to be Confounded and B Promiscuously used one for another. I have by me an old and very exact Survey or Extent of all the Maners belonging to the Bishoprick 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 C the Quantity most frequently. By the Statute intituled, 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 D 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 Rent, part Services, that were customary and certain; many times E 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 F 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 [Page lxviii] 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 Free-holders 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 Villenage and Servitude, and A were Sui Jurii, at their own disposing, so far only as like Villans 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.B

C

ERRATA.

FOl. 5. lin. 16. dele ae. f. 14. l. penult. r. Brigantes. f. 18. l. ult. r. Claudius. f. 27. l. ult in note, r. Ʋrbicus. 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.D 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. Britans. f. 314. l. 15. dele against it. f. 318. l. 17. r. Ans [...]betil. f. 348. l. 43. insert Wireliacum. f. 384. l. 29. dele 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. He. f. 592. l. antepenult, r. what. f. 613. l. 21. after would▪ r. not take effect. E f. 627. r. Esparnier. f. 646. l. 16. after not said, dele who.

F

A Catalogue of the Authors used in this History, with an account what they were, when they wrote, and where to be found.

A

JƲlii Caesaris Commentaria. Lugduni Bata [...]orum, 1651.

Historiae Augustae Scriptores Sex. Lug. Bat. 1661.

Lipsius his Tacitus Antverpiae 1648. Tacitus Cluve [...]. lib. 1. Antiq. German. fol. 3. & 88. he was Procura­tor Belgii. was Equestris Ordinis amongst the Romans, and employed in many publick Offices B in the Empire: He wrote his Book de Moribus Germanorum 100 years after Christs Birth, and about 130 years after Caesar wrote his Commentaries.

Suetonius per Schildium. Lugd. 1656.

Herodian Printed by Stephans 1581. He flourished about the year of Christ 224, in the time of Alexander Severus the Roman Em­peror.

C

Amianus Marcellinus, 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 Ʋrsicinus 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 D Great, Anno Domini 354. and ending Chronol. Marcell. in fine Historiae. with the Death of the Emperor Valens, Anno Domini 378, and of his Empire the fourth.

Eutropius Eutrop. ib. 10. de se. was a Greek, and Contemporary to Marcellinus, and a Soldier under Julian the Emperor, and was with Vineti Epistola ante Eutrop. Basil. 1554. him in his expedition against the Parthians, Anno Domini 363; and wrote his Breviarie Testimon. ante Marcell. Lugd. 1591. of the Roman History, at the Command of Va­lons the Emperor, unto his Time.

E

Cassiodorus was 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 Abbat of a Monastery in Ravenna; he was born Anno Domini 480. and dyed 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.

F

Gregory Bishop of Tours 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 Trithem. p. 107.108. a Benedictin Monk of Wiremuth, he wrote very many Books and Treatises, amongst the rest the Ecclesiastical History of [Page] England; he dyed Anno Domini 732. according to Pitsius Pit [...]us p. 119. 734. aged Seventy two years.

Alcwin 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.

A

Eginhartus 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 The lives of the Authors in the 1st. Vol. of old Germ. Writers. built a Monastery at Selingstat in the Dioecese of Ments, and B was the first Abbat 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 In Aimo­nius his Epistle Dedicatory. wrote four Books de Gestis Francorum. of the Acts of the French, and drew down his History to Pipin, 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 C 872, and upwards.

Adelmii or Ademarii 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 Pipin, 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.

D

Wilichind a Monk of the Abby of Corbey, a German, 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 Sigebert de vita Witich. Theodoric de Neim f. 803. B. Char­lemaign in the Circle of Westphaly near the Weser; and the Abbot there­of Mercator in Circulo Westphalic. Trithem▪ p. 130. is one of the Ecclesiastic State or order of that Circle.

Dudo Dean of St. Quintins in Picardie; He In Praefat. Hist. Script. Norman. wrote the Lives of the three first Norman Dukes or Earls, Rollo, William the First his Son,E and Richard the First, Williams Grandchild: He lived in the time of Richard the First, who In the Hist. f. 158. B. dyed 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 De seipso in Praefat. in Vit. Conradi. &c. 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 German Hi­storians; F put out by Pistorius, and printed at Frankfurt 1607.

Gulielmus 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, Order. Vit. f. 503. D. f. 504. A. afterwards a Priest, and a long time Chaplain to William, and Arch-Deacon of Lisieux; he wrote [Page] such things as he saw and was present at, but ended Ib. f. 521. C. his Hi­story in the year 1070.

Ingulphus Hist. Croy­land f. 513. b. n. 40. ib. f. 514. lin. 3. Abbat 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 A History of Crowland Abbey; 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 Ib. f. a. 515. lin. 8. Abbat 1076. and wrote some part of his History at least after the Survey finished, for he Ib. f. b. 516. n. 10. took a Copy of the Lands belonging to Croyland Abby out of it.

B Gulielmus Gemeticensis Order. Vit. Prolog. 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 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 Rob. de Monte A. 1113. Gemblacensis, a French man born, and Benedictine Monk of Gemblours in Brabant, he wrote a Chronography from the C year 381 to the year 1112, in which he dyed, it being continued by Robert 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, Sigebert de Script. Ec­clesiast. c. 80. for his Learning was called into the service of the Emperor Charles the Great.

Florentius 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 D year 1141 by another Monk of the same Monastery, and dyed 1119. 19o. Hen. 1mi.

Eadmerus Selden prae­fat. ad Eadm. f. 1 [...] ex Pits. Aetate 12.199. Surnamed Canter or Chanter, born in England, a Monk of Canturbury of the Order of St. Benedict, afterwards Abbat of St. Albans, and lastly Bishop of St. Andrews in Scotland, was a great friend and intimate of Anselms Arch-Bishop of Canturbury, a companion with him in his Exile, and privy to all his Counsels and E actions; he was 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 Conquerors time, being in the company and presence of Arch-Bishop Lanfranc when he received the first news of Williams Death, as he testi­fies of himself, f. 3. lin. 42.

Ordericus Vitalis a Monk F. 548. A. 824. A. B. &c. of Ʋticum, or the Monastery of St. Ebrulf, now St. Eurole in Normandy, born in England Anno F Domini 1075. and lived 67 years: At Praefat. ad Script. Norm. eleven years old was en­tred into that Monastery A. D. 1086. and there lived 56 years, his History is chiefly Ecclesiastic, but intermixt with much secular Story, and continued unto the year of our Lord 1121. He dyed An. Dom. 1142.

Simon Selden in Pr [...]fat. ad▪ Script. X. An­tiqu. Dunelmensis ended his History Anno Domini 1130. in the 30th. year of Hen. the 1st. and Dyed not long after; he was a [Page] Monk and Pr [...]centor of that Church of Duresm, and a Learned Man in that Age, but transcribed much out of Florentius of Worcester.

The Continuer of Florence 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 Glocester, Natural Son to Henry the First, who began to Reign Anno Domini 1100, and dyed 1135, he wrote A unto the year 1144, as appears in his Toward the later end. Novels he wrote from the first coming in of the Saxons to his own time.

Henry Arch-Deacon Balaeus f. 192. of Huntington 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 B 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. 2d. and so ends his History. and took much of his History, and Transcribed in many places Florence of Worcester verbatim.

Roger de Hoveden Selden in Praesat. X. script. antiq. He was one of the Kings Do­mestic Clercs▪ Ben. Abb. p. 60. b. in fine. was a Priest in Oxford and a Domestick 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 C and memorable passages of the Romans, Saxons, Danes, Normans and English to his own time.

Quadrilogus or the Author of the Book Intituled, 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 D Monk of Canturbury, and Alan Prior of Tewkesbury, 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 numbred, 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, E and in the Acts of the Council of Clarendon, and Northampton in Labb. Tom. 10. Col. 1425. 1433. &c. and others. This Book is much used by the Name of Quadripartita Historia.

Ranulphus de Glanvill Sub effigie Claud. D. 2. Chief Justice of England in the time of Henry the Second, wrote de l [...]gibus & Consuetudinibus Angliae. These in a Ms. Book in Cottons Library are Intituled Henry the Seconds Laws. Hoved. f. 390. b.n. 20. He went with Richard the First into the Holy-Land, and F Dyed at the Siege of Acon A. D. 1190.

Fitz-Stephen, or Gulielmus Stephanides, 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 [Page] & 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.

A

Gul. Neubrig. Bellarmin de script. Ec­clesiast. p. 330. was born A. D. 1135. and continued his History to A. D. 1197. 8o. Ric. 1.

Gervasius Dorobernensis 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 B made a Monk by Thomas Becket and ordained. For speaking 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 Abbat 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 Arch-Bishop of Canturbury, and flourished in the year 1200, he began his History C Anno Domini 1170. 16. Hen. 2di.

Gervasius 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. 2d. and received much of his knowledge of the Chequer affairs from the In­formation Vide ipsum lib. Ms. in Bibliotheca Caio-Gonvil. Cantab. f. 41. a. of Henry Bishop of Whinchester, who was Son to D Stephen Earl of Bloys, by Adela one of the Conquerors Daughters, Nephew to Henry the First, who gave him the Bishoprick; and Brother to King Stephen. This 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.

E Radulphus de Diceto Pitsae [...]s in that year p. 282. Dean of St. Pauls London, flourished about the year 1210, he was accounted an excellent Historian, and a very diligent Collector in his Time.

Sylvester Giraldus Cambrensis, Pitsius A. D. 1210. a Welch-Man of the Illustrious Family of Barry, as he says of himself, lib. 1. c. 41. He was first Arch-Deacon of Brecknok, then of Saint Davids, and afterwards Arch-Bishop of Saint Davids; he Hanmers Chronicle of Ireland, f. 168. was many years a Student F beyond Sea, from whence Hen. 2d. 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 dyed at St. Davids about the year 1210, and was there Buried. He is to be found a­mongst the Ancient Writers of English, Norman, Irish and Welch [Page] Matters, put out by Camden in one Volume, Printed at Franckfort, A. D. 1603 In the Proaeme 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 Origin. Jurisd. 10.56. in the Epistle to the Reader. a Justice Itinerant 29 Hen. 3d. A. D. 1245. skilled also in the Civil Law of the Romans, wrote this Book to­ward the latter end of Hen. 3d. of the Laws and Customs of Eng­land, A 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 Bishoprick of Ely, made in the 32d. of King Henry 3d. A. D. 1248.

Chronica Normanniae Scriptor. Norman. f. 977. containing many things referring to the English and French, from the year of Christ 1139, to the year B 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 Abbat of the Abby de Monte Michaelis in periculo Maris, of Mount Michael upon the Sea-shore in the further part of Normandy next Britany; he was esteemed a Learned Man, and lived in the time of King Hen. 2d. He continued Sigebertus Gemblacensis. C

Matthew Paris See the Testimonies of him before the Edition at London 1640. a Monk of St. Albans, was Historiographer to Hen. 3d. and received an Annual Stipend from him. He dyed in the year 1259, and 43d. of that King; he was continued to the end of that Reign (as is supposed) by William Rishanger, another Monk of that Abby, who was also the Kings Historiographer, and received his Stipend.Ibid. Paris mostly in the beginning of his History, Transcribed Roger Mendover his Predecessor, Historian also to the D King, and a Monk of the same Monastery: He wrote to the year 1225, and 20th of Hen. 3d.

John de Bretton Pat. 53. H. 3. M. 2. one of the Justices of the Kings-Bench in the 53d. of Hen. 3d. wrote a Book in Law French of the Common Law of England, called Breton, at the Command of Edward the First, 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 E knowing Men in the Law, whereof this was one. Selden Ib. p. 457.458, 459. affirms Bracton and Bretton to be the same person, whose Name was Diversly written, and to be the Author of both the Books, that in Latin and the other in French.

Johannes Brompton Abbat 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; F was wrote about or after the beginning of the Reign of Edward 3d. 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.

[Page] Flatsbury often cited by Campion, Camden, Stanihurst and Dr. Hanmer, in what they have written about the Irish Affairs. This name was given by 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 A the 9. 1571. He gave them this Name, because 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 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 3d. 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.

B

Henricus de Knighton Selden Praefat. to X. Authors f. 47. Pitsius A. D. 1380. Canon of the Abby at Leicester, lived in the time of Richard 2d. and brought down his History unto the year 1395.

Theodorick The Au­thor of him­self f. 787. B. de Neim, Literarum Apostolicarum Scriptor to Pope John 23d. he wrote Privilegia & Jura Imperii, and the Right of Electing the Pope, and Investiture of Bishops by the Emperors, and C 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 Pits. A.D. 1440. lived in the time of Henry 6th. was his Historian, and a Monk of St. Albans.

D Mathew a Monk of 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 Abbat 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 E German, born at a Town called Trittenheim in Mosel-gave in the Dioecese of Triers. He compleated his Book de Scriptoribus Ecclesi­asticis A. D. 1494.

Hector Boethius 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 Vide Bu­chan lib. 11. in fine. to the end of the Reign of James the 2d. Printed at Paris 1575. An Author of no great F Credit.

Andraei Alciati Comment. in jus Civile. Tom. 2. Basil. 1529.

Pancirolli Notitia utriusque Imperii. Lugd. 1608.

[Page]The German 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.

Annales Monasterii Burton. Oxon, 1684.A

Domesday 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 B Exchequer, and other Records and Ancient Monuments in other places.

Register of Abbendon or the Abby of Abbington in Cottons Library Sub Effigie Claudii, B. 6.

Records in the Tally Office, and Pipe Office, with the Kings Re­membrancer, &c. C

The Close Rolls, and Patent Rolls in the Tower.

Charter Rolls in the Tower.

DEF

OF A 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. B 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 C Roman Obedience the greatest part of (a) Gallia, was, by the Senate, Coment. lib. 4. p. 132. Decreed a. Governor thereof for Five years:Dio Cassius, fo. 63. What moved Caesar to At­tempt Britain. Mo­ved with Revenge, because the Britains had often Aided the Gaules 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; Resolv'd 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 D thought it might be of great use to him for the future, if he en­tred the Isle, knew and understood the Men, Places, Ports, and Ac­cesses; almost all which were unknown to the Gaules, for they ad­mitted none but Merchants into the Isle, and these only knew the Coasts which lay over against Gallia.

But before he adventur'd himself, he sent Cajus Volusenus, He sent Cajus Volusenus be­fore, to Disco­ver the Island. a Mi­litary Tribune, in a Long-Boat, or Galley, with Command, to Disco­ver all things, and that he should Return to him as soon as might E be (who being thus dispatcht) he Marched with his Army to­ward the (b) Morine Coast, from whence was the shortest passage in­to b. Britain, where he appointed his Shipping to meet him: In the mean time his Design being Discover'd to the Britains, many of the States, or Cities send (c) Embassadors, who Promise Hostages, and Obedience to the Roman People: To whom having given Audience, c. he makes large Promises, Dismissing, and Exhorting them to con­tinue in the same Resolution.

F With them he sent Comius of (d) Arras, whom he had made King d. of that place; of whose Courage, Wisdom, and Fidelity he was assu­red [Page 2] (and whose Respect and Authority was great among (e) the Bri­tains) him he Commands to go unto as many Cities as he could, and perswade them to embrace the Amity of the Roman People, and to tell them he was hasting thither.

e. Volusenus having observed the Countrey (as well as he could) f. not daring to go out of his Ship, amongst the (f) Barbarous People, within five days returns to Caesar, who having prepared 80 Ships of Burthen, in which he Wasted over his Foot, and 18, wherein the A Horse were Transported, besides the Long-Boats or Galleys appoint­ed g. for the Quaestor-Lieutenants, and other Officers, in all Two (g) 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 Orders the Horse, which were Wind-bound in a Haven, Eight Mile upward, to Imbark and follow him; who, Shipping themselves but slowly, Caesar arrived upon the Coast of Britain about the Fourth B hour of the Day, or Ten of the Clock, where he beheld on the Cliffes a Multitude of Armed Men, ready to Impeach his Landing.

h. The Nature of the Place was such, that by reason of (h) steep Hills inclosing the Sea on each side, making a narrow Bay, it gave the Britains great advantage in casting down their Darts upon those un­derneath; i. Caesar thinking this place unfit for Landing, put off from the Shore, and lay at Anchor until the Ninth (i) hour, expecting the C rest of his Fleet; Meanwhile calling together his Lieutenants, and k. (k) 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, l. came to a (l) plain and open Shore.D

But the Britains knowing their Intentions, sending before their Horse and Chariots, their Main Body following after, endeavored 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 Armor, to leap into the Water, and Fight with their Enemies, who being upon dry Ground, or not far into the Water, nimbly as­saulted E them with their Darts, and boldly forced their Horses and [Page 3] 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 wonted Cou­rage they had shewn in their Land Battels.

Which Caesar taking notice of, caused the Long-Boats, or Gall [...]ys, being swift, and more serviceable (an unusual sight to the Britains) 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 A Engines, to drive them back: This Project succeeded well, for the fashion of these Ships, the motion and noise of the Oares, and the unusual kind of Engines amazed the Barbarous People,The Britains 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 hast to pursue them, the Standard, or Eagle-Bearer of the Tenth (m) Legion, first invoking the Gods, and Praying for Success to the Legion from that Action, spake aloud,m. Leap down fellow Soldiers, The Roman Standard Bear­er Leaps over-Board with the Eagle, and advanceth it a­gainst the Ene­my. unless you will betray your Standard to the Ene­my, B for my part I will perform my Duty to the COMMONWEALTH and GENERAL: This said, he leaps over-Board, 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 Ensignes, for every one ran C 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, incum­bred with Armor, dispatcht 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, D and gave a fresh Charge upon the Britains, putting them to Flight, but were not able to pursue them far,The Britains put to Flight. for want of their Horse.

The Britains 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 Imprison'd, and Freed a­gain. whom bringing to them the Generals Commands, they had Imprisoned, so E 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 dayes: Mean­while the Britains were dismiss'd, and sent home, and many Princes F 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 [Page 4] the Upper (n) Haven,Cajus Julius Casar, 53, 54 Years before Christ. with a favorable 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, n. 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, o. and in that Tempestuous Night recovered the (o) Continent: The same Night, the Moon being at the Full, the Tide filled the Gal­leys,The Roman Ships (in which their Horse were) scatter'd by Storm. Many of their other Ships made Ʋnser­viceable. A 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 rendred 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 B in Gallia.

These things being known to the Chief of the Britains, who, be­ing met together, to perform such things as Caesar had Command­ed them,The Britains 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 C 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 hapned; 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 D 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 suspition of War (some of the Britains remaining in the Fields, near hand, and others going and coming freely into the Roman Quarters) They which p. were (p) in Station at the Camp Gates, gave notice to Caesar, that the same way the Legion went, there appeared a greater Dust then was E wont to be seen,The Britains discover'd. he guessed it was some new Practise of the Britains; 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 [Page 5] thither, lay in Ambush for them; whom (having laid down their Arms) being dispersed, and at their (q) Labor in Reaping, they set upon, killing some, and putting the rest into disorder, compassing them about with their Horse and Chariots. q.

Their Manner of Fight with their Chariots was thus;They suddenly set upon the Romans. Their Manner of Fight. They first rode about their Enemies throwing Darts, where they saw advan­tage, A and oft-times, by the Fierceness of their Horses, and Rufflings of their Wheels they brake 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 B 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 Overpower'd. Caesar comes Opportunely to their Assist­ance. The Romans being Over-set with this new kind of Fight­ing, Caesar came opportunely to their Assistance; for, upon his ap­pearing, the Britains made a stand; and, the Romans, for fear, Re­treated to their General; who, thinking it not a fit time to provoke C the Enemy, by offering Battle, kept his Ground for a while, and then Marched back the Legions into the Camp.

Tempestuous Weather, for many days together, kept both sides from Action: in this time the Britains 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 D 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 Britains being beaten, would escape his Foot,The Britains Overcome. and save themselves by flight; yet, with about (r) 30 Horse, which Comius of Arras brought over with him, he placed the Legions in r. Battle-Array before the Camp; not long after both Bodies were En­gaged, the Britains gave back and fled, the Romans pursuing and killing many, Burning and Wasting every where about as they E returned to their Camp. The same day the Britains 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 hast thither, because the Autumnal Equinox was at hand (suspecting his Patch't and Crazie Ships might not well endure the Sea in Winter) wherefore, taking the first opportunity, they Sailed soon after Midnight, and came all F safe to the Continent: Caesar Winter'd in Belgia with all his Legi­ons; whither two only of the British Cities sent Hostages, the rest [Page 6] (ſ) neglected.Cajus Julius C [...], 52, 53 Years before Christ. The Roman Senate, upon the Relation of these Servi­ces, Decree him a (t) Supplication of Twenty Days.

Caesar departing from his Army in their Winter-Quarters, went ſ.(as his Custom was, every (u) year) into Italy; first commanding t. the Lieutenants of every Legion, they should build as many Ships u. as they could, and Repair the old ones, and directed, they should be made Lower then 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 A 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.

x. He returning to his Army, by the singular Industry of the (x) Sol­diers,At the Spring he returned. Found 600. Ships built, &c. although there were a great scarcity of Materials, found 600 Ships, and 28 Long-Boats, or Galleys built, and within few days rea­dy B to be Launched: Having Caressed the Soldiers, and the Ma­sters and Overseers of this Work, he shews them what he would have done, and Commands, there should be a Rendezvous of them y. all at (y) 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) Treviri, who would neither take Advice from, or be Com­manded C by him.

But Hostages being given, and things setled here, and the (a) Aedui reduc'd, leaving Labienus to Guard the Haven, and supply his wants, he, with Five Legions, and 2000 Horse, Imbarqu'd, and about Sun­set sayl'd, 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 Left-hand; then ta­king advantage of the Tide turning, they ply'd their Oars, that D 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 labor in Rowing, caus'd their Ships of the greatest Burthen to keep way with the Long-Boats, or Galleys, they arrived about Noon, where they saw no Ene­my.

[Page 7]For, as afterwards Caesar understood by the Captives, Cajus Julius Caesar, 53, 54 Years before Christ. the Britains 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 A the Command of Q. Atrius, to Guard his Ships then at Anchor, after the (a) Third Watch he made toward the Enemy, and having a. Marched Twelve Miles he discover'd them; who, with their Horse and Chariots advanced toward the (b) River, and having the higher b. Ground, impeached the Romans in their March, and began the Fight; but beaten back by Caesar's Horse,The Britains beaten back by Caesar's Horse, fly to a For­tress in the Woods. The Manner of the Britains Fortifying. they retreated to a place in the Woods, notably strengthned by Art and Nature, which, as it seem'd they had made a Fortress in their Domestick Wars: for B all access and entrance into it was precluded, by great Trees being cut down on every side, and laid over-thwart; 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, and raising a Mount against their c. Fortifications, took the place, and drove them out of the Wood,Their Fort Ta­ken. without much Blood-shed. Caesar forbad a long pursuit, for that he knew not the Nature of the place, and it being toward evening, C would have the time employ'd in Intrenching 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 indure the violence of the Storm: at this News Caesar re­calls D 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 labor; 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 E [Page 8] all his Ships should be haled on (d) Shore, and brought into the Camp, that they might both be secured by the same Defence, or Circumval­lation.

d. This Stupendious Work was performed in Ten Days, the Sol­diers intermitting neither Night nor Day, and having accomplish'd 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 dislodg'd upon the News from Atrius; where he found the Number of the Britains increased, by the Confluence of People from A many parts of the Country, who, by Common Consent, made Cassibe­lan their General, Cassibelan General of the Britains. whose Territories were divided from the Mari­time Cities by the Thames, and were distant from the Sea about e. Eighty (e) 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 Britains. Many of the Britains 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 Britains encountring their Horse fought B 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 busie in (f) Intrenching their Camp, and suspecting nothing) they suddenly sallied out of the Woods, f. and setting upon those which were Guards and Sentinels. Laberius slain. in Station before the Camp, g. fought stoutly, to whose Aid Caesar sends Two Cohorts (the (g) chief of Two Legions) who,From whence they Sally out upon the Ro­mans. standing still at a little distance, amazed C 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 Britains 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,D when, by reason of the weight of their Armor, they could not pur­sue such as sled, nor dare they leave their Ensignes; nor were able, without great danger, to encounter the Horse, who, oft-times, 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 Fighting with their Horses and Chariots being alike dangerous to them that retired, and them that pursued; E 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 Britains, here and there, afar off, appeared upon the Hills, and with less courage then the day before, began to in­gage the Horse:The Britains 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 Forragers, and Charge up F [Page 9] 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 Britains 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 A 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) Cassibelan, upon the River Thames, (i) 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 h. Order, ready to receive him on the other side of the River, the i. Bank being set with (k) sharp Stakes, and others of the same kind,k. covertly placed in the River; whereof Caesar having notice from B 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 C himself in Woods, and Fastnesses, drives all away, both Men and Cattel, where the Romans were to pass; whose Horse, as they roved up and down to Wast and Plunder, the Charioteers sallying out of the Woods, surprized and cut off; hereupon, Caesar commands them not to depart from the Legions: so that now as they March­ed, there was nothing left to do, but to Wast empty Fields, and Burn Houses.

Meanwhile the (l) Trinobantes, a very considerable People among l. D the Britains, from whom (m) Mandubrace, went to Caesar into Gallia, m. 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 E his Commands, and sent what he required.

[Page 10]The Trinobantes being Protected from the violence of the Soldi­er, the (n) Cenimagni, (o) Segintiaci, (p) Ancalites, (q) Bibroci, (r) Cassi, by their Ambassadors, yield themselves to Caesar: from these he un­derstood Cassibelins (ſ) Town was not far off, strengthned and sur­rounded with Woods and Marshes,Several other Nations also yield to Caesar. well filled with Men and Cat­tel n.(for the Britains call intricate Woods, compassed about with a o. Mud-Wall and a Ditch, a Town) whether they were wont to re­sort, for the avoiding the Incursions of their Enemies.A

p. Thither Marches Caesar with his Legions, he found the place no­tably q. r. Fortify'd by Nature and Art, yet he Assaults it in two pla­ces;Cassibelin's Town. The Britains for some while defended it, but not able to sustain the Force of the Romans, fled out at another part of the ſ. Town;What a Town was among the Britains. Cassibelin's Town taken. great store of Cattel 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, B and Seegonax; them he Commands to raise all the Force they could,The Roman Ship-Camp as­saulted. The Britains Beaten. Lugotorix taken. and suddenly to assault the Ship-Camp; this was attempt­ed, but when they came near unto it, the Romans sallyed out, killed many of them, and took their Noble Leader, or Captain (t) Lugoto­rix, retreating safely to their Camp.

Cassibelin hearing of the Event of this Enterprise, being often de­feated, t. and his Country wasted, but most of all moved with the Re­volt u. of his (u) Cities, useth the Mediation of Comius of Arras, to send C Ambassadors about his Submission to Caesar, who, determining to Winter in Gallia, Caesar departs, taking Hosta­ges, &c. 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, x. he Offers to Venus (x) Genitrix a Surcoat, or Corslet, Imbroyder'd with D 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 Armes of the Chief Men being turned upon the Common-wealth, 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 Britains, and under the Name of E Tribute, to accept some small Trifles. Yet afterwards he prepared for an Expedition hither, pretending, that the Tribute which Juli­us had Imposed, was deteined.

Dio. lib. 53.512.The Britains 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 Britains not having per­formed [Page 11] 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 Britains in all the time of this Emperor. Ibidem, 513.

Cuno-belin then Govern'd the Trimobantes, Ib. lib. 60.679. Cunobelin en­deavors to Re­form the Rude­ness of the Bri­tains. whose Royal Seat was A (y) Camolodunum: he first began to Reform the Rudeness of the Bri­tains, and to Introduce some Civilities he had observed amongst the Romans, and after their Custom caused his Image to be Stamp­ed upon his (z) Coyn; who, as 'tis said, was brought up in the (a) y. Court of Augustus.

z.

Tiberius succeeded Augustus, who following his advice and exam­ple,a. attempted nothing upon the Britains. Camb. Brit. 62. Money 2. Tacit. as be­fore, and Lip­sius Notes.

B 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. &c. 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 Atchievements, or other Intercourse between this Nation, Rome, or C 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 D Centurions and Tribunes; having wasted and spent all the Mony in Italy and Rome, where by any means it could be had, and his Expen­ces 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 ventur'd no further then those parts in Belgia over against Norfolk, from whence, having only received into his Protection (b) Adminius, Sueton. Cal. c. 44.479. His boasting Letters to the Senate. with a small number, who being driven out of Britain by King Cuno-belin E his Father, fled unto him: he sent boasting Letters to Rome, as if the whole Island had been deliver'd to him, charging the Messenger that his Letters should be carried in a Chariot to the Forum, Ibid. c. 46.482. and not deliver'd to the Consuls, but in a full Senate, and in the (c) 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 [Page 12] Commands them to gather Cockle-shells in their Helmets,Tiberius. Clau­dius. Drusius, 43 Years be­fore Christ. calling them Spoyls of the Ocean, fit to be preserved in the Pallace 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) Tower, by the Lights whereof in the Night, Ships might be directed in their Courses.

Claudius, with better Advice and Success then his Predecessor, chose Britain (not Attempted by any since Julius Caesar) for his A Province, from whence he might acquire the Honor of a Noble and d. Just Triumph; It being then in Mutiny, and Tumultuating, be­cause e. the (e) Fugitives which were demanded, were not render'd: 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 Experienc'd Soldier, to take Charge of the Army in Gallia, and Transport it into the Island: to which Action the Soldiers openly discover'd their unwillingness, complaining, they B should now make War out of the World, until Narcissus, a Favo­rite 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 Imbarqu'd 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 C 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 Britains not suspecting their com­ing; who, finding themselves surprized, fled to the Woods and Morasses, thinking rather to weary their Enemies by Delays, then to Encounter them in the Field.

There 678. f. Plautius, after a great search, and much hazard, found them out,D g. and overthrew them: The (f) Boduni, then subject to the (g) Cattuel­lani, he received upon Termes, and leaving Garrisons there, he Marched toward a River which the Britains supposed they could not pass without a Bridge, and therefore thought themselves secure, having Incamped 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, ac­ccording to Command, fell upon the Horses which drew the Cha­riots,E 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 Britains having Rallyed their Dispersed Forces, appeared again, and gave the occasion of a Fresh Battel, which they performed with such Courage, that it continued a F [Page 13] long while doubtful, until C. Sydius Gela, Togodumnus, Tiberius Clau­dius, &c. Em­peror, Cara­ctatus King, 44, 45, 46, 47, &c. Years after Christ. being in danger to have been taken, recover'd himself, and forced the Britains to retire, for which Service he had Triumphal Honors Assign'd him at Rome: In this Conflict, Vespasian being incompassed with the Britains, 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 Valor.Vespasian in danger, rescued by his Son.

A After this the Britains 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 oft-times 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 Britains, 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 Britains were more inra­ged; B 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 Britains, overcame Two Powerful Nations, and Conquer'd the Isle of C Wight.

Upon the News Claudius received from Plautius, he, with a Migh­ty h. Army of Horse, Foot, and Elephants, Embarqu'd at (h) Ostia, and i. sailed to (i) Massilia, from whence he Marched by Land to (k) Gessoria­cum k. 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 joyned with the other of Plautius and Vespasian, near the Thames, they again cross the River; where the Britains D boldly encounter them, and begin the Fight; and, for a long time notably maintain'd it, until a great number of them were slain;The Britains Vanquish'd. Dio. 679. when, being overcome, they fled into the Woods, some were sub­dued by Force, others yielded upon Termes; 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 Honor of this Victory, Claudius was divers times saluted Im­perator, E contrary to the Roman Custom, which permitted it but once for one Expedition: The Britains after this were Disarm'd, but he remitted to them the Confiscation of their Goods; for which Favor, they erected a Temple and Altar unto him, honoring 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 F same Title, as a Surname, proper and Hereditary to the Claudian Family. Messalina his Wife had the first place in Council assigned [Page 14] her (as Livia, Tiber. Clau­dius, &c. Em­peror. Caractatus King 44, 45, 46, 47, &c. Years af­ter Christ. the Wife of Augustus, sometime had) and was al­so Licensed 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 entred the City in a most splendid and extraordinary Triumph, whereat many Presidents 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; Diverse A Commanders, that had served under him in Britain, were Honor'd 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 Re­call'd: P. O­storius sent in his stead. Tacit. Ann. lib. 12. cap. 31. f. 195.Not long afterward Plautius was Recalled, and P. Ostorius Sca­pula B sent in his stead; who, at his Landing, found all things un­quiet; the Britains that were yet Unconquer'd, Harassing the Countreys 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 Straglers,C 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, l. encompassed them with Garrisons placed on the Rivers (l) Antona and m. (m) Sabrina: The first that refused this Yoke, were the (n) Iceni, a n. stout People, and unshaken with Wars; who, on their own ac­cord, in former times, sought Alliance with the Romans.

The Counties near adjoyning following their Example, take up D 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 Britains; who, seeing their way of escape hindered on all sides,The Iceni and other People beaten. shewed great courage, and behaved themselves bravely.E

By this Slaughter of the Icenians, others fluctuating between Peace and War, were setled and quieted, and the Army was led o. against the (o) Cangi, whose Country was wasted as far as the Coast toward the Irish Sea, the Inhabitants not daring to come into the Field.

p. At this time the (p) Brigantines began to Tumultuate, which brought back the General, The Brigantes subdued. who thought it best, not to enter upon F [Page 15] any new Action, until he had secured those parts; where,Tiberius Clau­dius, Emperor, Caractacus 46, [...], &c. Years after Christ. having killed such as took Arms, and Pardon'd others, all things were pre­sently setled.

But the (q) Silures were neither by Cruelty, or Clemency, to be re­duc'd, without a War, and Garrisons; To that end the Colony at Ca­molodunum q was strengthened with a strong Power of old Soldiers, as well for a Defence against Insurrections, as to Instruct their Al­lies A 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 antient Custom among them, who used even Kings themselves as Instruments of Bondage, and enslaving others.

The Silures, valiant of themselves, yet confided much in the Courage of Caractacus, who, by many doubtful, many prosperous B 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) Ordovices, who joyning in the Action r. 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 easie C Avenue, it was fortify'd with Stones in manner of a Rampart; a ſ. (ſ) River also of unsafe passage, and guarded with the best Soldiers, was to be Forded. The Commanders went about incouraging 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 D to the Religion of his Country, That neither the Enemies Weapons, nor their own Wounds should make them give back: Their Chearful Shouts astonish'd the Roman General, as likewise the River, Rampiers, high Hills, and all things on every side [...]hreatning danger and destruction to the Assailers, affrighted him: But the Soldiers urging to Battle, crying out, There was nothing which Valor could not overcome; the Prefects and Tribunes using the same Arguments and Speeches, added courage to the whole Army. E 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) Te­studo, t. broken down their rudely compacted heaps of Stones, both Armies coming to a close Fight, the Britains fled to the tops of the F [Page 16] Mountains,Tiberius Clau­dius, Emperor, Caractatus, An. Dom. 53, 54, &c. and were pursued both by the (u) Light and Heavy Arm­ed Soldiers; who, being assailed with Darts, only proceeded in close order, and brake the Ranks of the Britains, which had neither Hel­met nor Armor to defend themselves; and being hedged in between x. the Legionary Soldiers and (x) Auxiliaries, were most of them slain.

Caractacus his Wife and Daughter ta­ken, &c. He is Betray'd 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 Brigantes, against her Faith A and Obligation to him, was deliver'd bound to the Romans, having maintain'd 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 adjoyning, 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 spake not Ignobly of him at Rome; and Caesar, by extolling his own Victory, added Glory to him he had Conquer'd: being brought thither, the People were B Convented, as to some famous Spectacle; the Emperors 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 pittiful, 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 pre­vail'd upon Caesar, as to Pardon and Release him, his Wife, Daugh­ter,C 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 shewn 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, D the object of his Valor, being removed, he supposed he had made a Compleat Conquest, and therefore prosecuted the War the more carelesly; or else, that the residue of the Britains, commiserating the Misfortune of so great a Prince, did meditate Revenge, and fell upon the Legionary Cohorts, left behind, to establish Garrisons amongst the Silures, The Silures Arme killing the Prefect and Eight Centuri­ons, besides many of the stoutest Soldiers; and, had not speedy Re­lief come from the adjoyning Forts and Castles, they had put all the E rest to the Sword: nor was it long after, that they beat and rout­ed the Roman Forragers, 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 Britains escaped with little loss, because the day was spent.

F

[Page 17]The chief Motive that induced the Silures to Arm, was a report,Tiberius Clau­dius, &c. Nero Claudi­us Caesar. Anno Dom. 56, &c. 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 spoyls and captives amongst them, drew others to Re­volt; troubled at these things, Ostorius dies, the Britains rejoycing,And Why. Ostorius Dies. although no Battle had taken him off, yet a cross War had worn A out so great a Soldier.

Caesar being advertis'd 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, encountred the Britains with ill success; the Silures made Inrodes 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, B so long as his Queen Cartismandua continued Loyal to him, she being Queen of the Brigantes, and much in the Romans favor, 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 Neighbors, and the defection of the Brigantes, abhoring so base an act, soon reduced her to great extremity; she,Tacit. lib. 12. Anno 198. begging C Aid of the Romans, who, after a sharp and doubtful Conflict, in the end obtain'd 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 fitter to Direct then Execute, used the Ministery 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 D 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 Conquer'd, and Hostages from E such as yielded, both which served to adorn them, and were ex­posed to publick 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 F of Tiberius, which I find no 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 [Page 18] Archbishop Parker, Nero Claudius Caesar. Anno Dom. 58, 60, &c. 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, &c. De Exord. Christian Re­ligion, in his Counsils. Baron. Tom. 1.512. Parsons, de Tribus Conv. 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 Quaeries 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 A of the Britains were Cultivated, and their Barbarity Civiliz'd, by some Converted Captives, Hostages, or Fugitives, or with the Business and Traffique 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 B 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) Mona, which was well Peopled, and a Recep­tacle of Fugitives: he makes flat-bottom'd Vessels, in which he y. 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 Swam.

Upon the Shore stood divers Bodies of Armed Men, the Women in dismal Habit, like Furies, ran up and down with their Hair about C their Ears, and Fire-brands and burning Torches in their hands; the z. Druids (z) 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 benum'd, stood still while they were wound­ed, until the General spake, and incouraged them not to fear a heard of silly Women, or a Fanatick Multitude; when they fell on, knockt them down, and threw them into their own Fires: after this they D placed Garrisons in their Towns, and cut down their Woods and Groves consecrated to cruel Superstitions,The cruel Su­perstition of the Britains in the Isle of Angle­sey. for they Sacrificed the Blood of Captives upon their Altars, and Praedicted their Success, by the Inspection of the Entrals 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 E Family from injury; but it hapned otherwise, his Kingdom was seized on, and harassed by Centurions, his House became a Prey to a. their Servants and under-Officers, his Wife Boodicia (a) 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 Britains to take great Sums of Money of him upon F 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 Claudiuus [Page 19] had remitted. The Colony at Camalodunum thrust the Owners and Antient Inhabitants out of their Houses and Possessions, calling them Vassals and Slaves; the Temple also erected to Claudius was a great burthen to them, while the Priests that attended there, under pretence of Religious Dues, seised each Mans Goods.

To these common Grievances of the afflicted People, the present opportunity seemed to offer means of redress, while the Roman General A 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 diverse 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 Revers'd at Camalodunum, Strange Noises heard in the Air, Strange Appari­tions seen in the Sea, the Ocean, in shew, Bloody, and the Print of Mens Bodies upon the Sands, and certain Women, in Extasie, fore­told B the Destruction to come: These things, as they terrify'd the Romans, so they added courage to the Britains: and because Sueto­nius was far absent, the Colony required help of Decianus the Procu­rator, but he sent them no more then 200, and those ill Armed: The Soldiers, trusting to the Protection of their Temple, and not mistrusting the Conspiracy of some amongst them, that favored the Britains, neither Fortify'd themselves, nor sent out of the Colony the Old Men and Women, and such as were not able to bear Arms; C the Old Soldiers flee to the Temple, which was Besieg'd, and in two days forc'd: 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, Marcht through his Enemies Countries to London (a place not known at that time by the Name of a Colony, but famous D only for concourse of Merchants and Traffique) 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, stay'd behind, were oppressed, E and perished by the Enemy.

(a) Verulamium, a Roman Free-Town, had the same fate, for the a. Britains passing by the Forts and Garrisons, assailed the Richest Pla­ces, and most easie 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 inhumane 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 F 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 hang'd up na­ked the Noblest and Honestest of their Matrons, cutting off their Breasts, and sowing them to their Mouths, that they might seem to [Page 20] eat their own flesh;Nero Claudius Caesar, Anno Dom. 62, 63, &c. these things they did, while they Sacrifized 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 Britains, 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,A who always Fought first, and moved as occasion offered it self, the Wings consisted of Horse: in the mean time the Britains 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 Bri­tains. Boadicia Commanding in Chief, mounts a Chariot, with her two Daughters, and coursing about (or B standing upon an heap of Turfes, as Dio Reports) uses many Argu­ments to Bespeak the Courage of her Army,Dio. lib. 2.704. or rather Rude, Inso­lent, Undisciplin'd Multitude, consisting of 230 Thousand; at last, perswading 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 Britains Shouted, apprehending it Ominous, and foresignifying the Romans Flight; Suetonius, though he perceived not his Soldiers to be terrified with the great Numbers C 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 Streight as a place of Defence,Tacit. 14. ann. c. 37.253. while the Britains had spent their Darts, and then March­ed into the Plain, where the Auxiliaries and the Horsemen making way,The Britains Overthrown. they, as an irresistible Wedge, broke and dissipated whatever opposed them; the rest fled, but could not easily escape, by reason D 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 Carcasses of Horses. The number of the Britains, 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 Poysoned her self, accor­ding to Tacitus, but Dio sayes she died of Sickness, when the Bri­tains had prepared for another Battle. Suetonius drawing together his Army kept the Field, with design to finish the War, and Caesar E 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 Countrys as opposed them, or were wavering in their obedience.

But Famine was the greatest Enemy to the Britains, 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 F (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 Rigor and Pride of a Con­queror, would kindly receive into Favor such as yielded; he like­wise [Page 21] Wrote to Rome, Nero Claudius Caesar, Anno Dom. 62, 63, 64, &c. 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 A Manumitted from Servitude, with some hopes that he might quiet, and appease the Minds of the Tumultuating, and Exasperated Bri­tains;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 Bri­tains, 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, B that Suetonius, after the loss of some of his Shipping up­on the Shore, was commanded (the War not being finish'd) 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 Britains, the more easily remitted them, and having attempted nothing of moment, deliver'd up the Province to Trebellius Maximus, Trebellius Maximus. who was C 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 D with the Soldiers.

In the 63d Year of our Saviour, and in Nero's time, 'tis Story­ed, 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 setled themselves at Glastonbury, &c. 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 Authentick, E 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, Tome 1. fol. 11. which is Printed in the Monasticon of the Learned and Laborious Dugdale, wherein Josephus is not men­tion'd, only the Twelve Disciples of Philip and Jacob; it relisheth of the humor of those antient times, and seems to be a farce of great improbabilities, and untilligible stuffe, and not unlike the many ri­diculous and incredible Relations of Saints, Miracles and Relicks, F 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 [Page 22] V. Bedes time,Nero Claudius Caesar, Anno Dom. 62, 63, 63, &c. Titus Flavius Vespasianus, Anno Domini 70, 71, &c. for he takes not the least notice of it, nor have any of the Moderns, with any reasonable probability, confirmed it.

Nero having Kill'd himself, from the time of Trebellius, Britain was Rul'd 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 obtain'd the Empire; sent hi­ther Vectius Bolanus, who was not much unlike Trebellius, save that,A by the mildness of his temper, in stead of striking fear and terror into the Britains, 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 favor of Vespasian, who had behaved himself nobly and honorably in Britain in Claudius his time, so that for this cause Bo­lanus refus'd to send any of the Legions, or to give Vitellius any as­sistance B from hence: who being slain, his Death ended those Civil Dissentions.Suet. Vitell. c. 17.725.

Tacit. de vit. Agric. c. 17.458. Petilius Cere­alis Pro-Praetor in Britain. An. Dom. 73. Brigantes Overcome.So soon as Vespasian had, with the whole Empire, recover'd Bri­tain, he employ'd there great Captains, and a Powerful Army; Pe­tilius Cerealis his Lieutenant struck terror into the Britains, inva­ding the Country of the Brigantes, the most Populous of the whole Province, the greatest part whereof, after many bloody Battles, he C either Conquer'd, or Wasted, by which Action, he much abated the hopes and courage of the Britains; nor was the Reputation of his Successor Julius Frontinus, Julius Fronti­nus Succeeds him in the Lieutenancy, A. D. 76. The Silures Subdu'd. Agricola suc­ceeds him, A.D. 79. There, c. 18. lessened by his Fame, he subduing the Silures, a strong and Warlike Nation, not only by fighting with the Men, but encountring Mountains, Streights, and places of dif­ficult access.

In this condition Agricola found Britain, when he came in the D 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 destroy'd 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 E 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 incourage 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 revok'd by the Ge­neral F 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 [Page 23] them over;Titus, Flavius, Vespasianus. Anno Dom. 70, 71, &c. 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 atchievement of laborious and dan­gerous Enterprises, which others spent in vain Gratulations and Am­bitious A Ceremonies. He called not Success, and the Depression on­ly of People subdued, a Victory; but understanding the humors 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 Publick Affair, either to his (b) Liberts, or Slaves; he received no Soldier near him, upon private affection, or the Commendation and Peti­tion B 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 suteable Severity: not always animadverting upon Offenders, but oft-times satisfy'd 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 C of Officers, heavier then the Tribute it self; 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 D conceived of Peace, which either by the negligence or partiality of former Lieutenants, was no less dreaded then War.

By his sudden Incursions and Assaults, the Summer following,An. Dom. 80. Agricola's Arts to Subdue the Britains, and cause them to submit. by his Prudence, Diligence, and Activity in War, he very much terri­fy'd the Britains, 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 wholesom E and subtil 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 publickly 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 Noblemens Sons to be instructed in the Liberal Arts, preferring the Wits of F 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 [Page 24] Provocations of Vice,Titus Flavius Vespasianus, filius. Titus Flavius Domitianus, Anno Dom. 80, 81, 82, &c. Sumptuous Buildings, Bathes, and Ex­quisit Banquettings, which things the ignorant People called Civi­lity, when as they were intended as preparatives for Bondage.

In his Third Year he discover'd New Nations, wasting all be­fore him unto the Frith of (c) Taus; he was so dreadful to his Ene­mies,They use Bathes and Banquet­tings, &c. Flavius Vespa­sianus Dyes. Anno Dom. 81. There▪ c. 22 His Son Titus Succeeds. His Skill in Raising Forts, &c. Anno Dom. 82. There, c. 23. that although his Army was wearied with many sharp Con­flicts and Tempestuous Weather, yet they dare not oppose him, but permitted him to build Fortresses and Castles where he pleased:A wherein Agricola was either so skilful or fortunate, that no Fort or Castle of his erecting, was either taken by Force, Surrendred upon Conditions, or Quitted as not Defensible. By Irruptions out of these, made Impregnable by continual Relief, he so streightned 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 setling what he had over-run; and if the Valor of his Army, and the Glory of the Roman B Name could have so permitted it, there had been no need of seeking other Limits of Britain then were at that time Discover'd. For (d) 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.

C

Anno Dom. 83. There, c. 24.460. Domitian.In the Fifth Year of the War, and the First of Domitian, he Con­quer'd and Subdu'd (e) Nations, until that time unknown, and had a Design upon Ireland; one of the Petit Kings whereof came unto e. him, being expelled thence by Domestick Sedition, whom he receiv­ed and treated with great shew of Friendship, but reteined 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 D 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 Sayling along their Shoars, 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,E some of Lands and Nations, others of the Seas and Ocean they had subdu'd.

The Britains (as it was understood from Prisoners) were much amazed at the sight of the Navy, as if their Seas being discover'd, there would be no way left for them to escape, if they were over­come. Nevertheless the (f) Caledonians Arming with great prepara­tion, began to Assail divers Castles, and some of the Roman Cap­tains F [Page 25] being Cowards,Titus Flavius Domitianus, Anno Domini 84, 85, &c. 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 Irrupti­ons in several Bodies; and lest they, being much superior in num­ber, should inclose him, he also Marched with his Army, in three Divisions, which, when known to the Caledonians, they suddenly A chang'd 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 Centi­nels (partly asleep, and partly amazed with fear) they broke into the Camp, and were Fighting within the Trenches; when Agricola had intelligence from his Scouts, which way they were gone, he speedily Marcht 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 daz­led B the eyes of the Britains, 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 compleat Battle.

Upon this Success,There, c. 27. the Soldiers presuming all easie and open to their power, cryed 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 Battel, were so wary and wise in C advising the General to Retreat, began to speak glorious thing [...] 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 Britains abated not of their Cou­rage, attributing the Victory more to the Policy and Art of the Ge­neral, then valor of the Soldiers, who, transporting their Wives and Children into places of safety,The Caledoni­ans Associate [...] by frequent Assemblies and Religious Rites, entred into an Association and Confederacy against the Ro­mans, D and so both sides being incensed, Retreated.

That Summer a Cohort of Germans, having slain their Centurion, Britain first dis­cover'd 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 Weather 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 E before to lie upon the Coasts, with order to Land some time in one place, some time in another, and so to distract and terrifie the Britains, while he himself, with an expedite Army, in which were some of the most Valiant Britains, such, as by long experience, he had found faithful, Marched on to the Mountain Grampius, (g) where g. the Britains, 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 F 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 heightned, which before was forward and vigorous enough, and as a testimony of the Impression it made upon them, they re­ceived [Page 26] it with Loud and Barbarous, Titus Flavius Domitianus. An. Dom. 46, 87, &c. yet Chearful 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 incouraging Oration,There, c. 33.462. to Victory and Glory; while he yet spake, 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 A 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 Britains 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 out-number him, drew out his Ar­my at length,There, c. 35.463, &c. and leaving his Horse, Marched before it on Foot; the Battle was sharp and doubtful, until he commanded Three Co­horts B h. of (h) Batavians, and Two of (i) Tungrians (used to that kind of i. Fight) to come to handy-strokes; yet, by Art and Valor the Bri­tains made good the Fight a long time, and often hazarded the Ro­man Army;The Caledoni­ans and Bri­tains 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 Britains were slain, of the Romans 340.

The Britains being dispersed, both Men and Women together howling and crying, drew with them their Wounded, forsaking C their Houses,There, c. 38.464. and, in Spight, 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 discover'd the greatness of the Victory: Desolati­on and silence every where; the smoak of the fired Houses appear­ed afar off; no Sallies out of the Woods, no Shiring upon the Mountains; the Scouts met no Man.D

Summer being spent, the General Marched his Army into the k. (k) 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 reduc'd by this delay, leads both Horse and Foot into their Win­ter Camps;Britain Com­passed. and the Fleet, by a Prosperous Voyage, compassed the Isle, and arrived at Port (l) Trutulensis, from whence it set out.E

l.

Thus the whole Isle of Britain being Conquer'd, and the South-part of it reduc'd 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 Chear­ful Countenance, but was inwardly troubled at the great Fame of F [Page 27] Agricola, and tormented with envy at his Military Glory,Titus Flavius Domitianus. Aelius Hadria­nus. Antoninus Pius. Anno Domini, 119, &c. he pri­vately designed his Ruin, although for the present he commanded the Senate to Decree him Triumphal Ornaments, and Statua, and what else was usual, or Extraordinary in such cases; but sending Salustius Lucullius his Successor, Britain was deliver'd 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 Assign'd to A 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 Poyson.

His Successor left little Memory of himself in Britain, where he remained but a short time, for by Domitians 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.

B

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 Trajans time, who succeeded him; only some Authors Write, that the Britains, out of a desire to Free themselves, made an Insurrection, but were soon repressed.

C

Hadrianus being Proclaimed Emperor, received intelligence,Anno Dom. 119. that the Northern Britains 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 D and Woods; when,Anno Dom. 123. Fortifying the Limits of the Province with a Wall of Turfes and Stakes, (m) 80 Miles in length, to defend the In­habitants m. thereof from the sudden Assaults of their ill Neighbors,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 Britains, The Provincial Britains con­form to the Roman Laws. now fearing as much the Cruelty of their Northern Countrymen, as formerly the Invasion of Strangers, E conformed themselves to the Roman Laws, as well Civil as Marti­al, under the direction of Priscus Licinius then Pro-praetor.

Hadrian was succeeded by Antoninus Pius;Anno Domini 139. Antoninus Pi­us. Capitolin. in Anton. Pio. c. 5.132. His Wall. whose Lieutenant Lollius Ʋrbicus beat the Brigantes; and having driven back, and removed the Barbarous Northern People, built another (n) Wall of Turves; for these two Expeditions of Lollius he was called Britani­cus, although he never saw Britain himself.

Fn.

[Page 28] Marcus, Aure­lius, Antoni­us, Verus Philo­sophus, and Lu­cius Verus, Lucius, King of some part of Britain, Livius, Aelius, Aureli­us, Commodus, Antoninus. Anno Dom. 119, &c.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 setled the Minds of those People who were the most impatient of the Roman Yoke.

He Dying, his Son Commodus was invested in the Empire.

A

About this time 'tis said, that King Lucius apply'd 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 Flamins; which Epistle and Tale of Archflamins, Flamins, &c. Sir Henry Spelman clearly argues of Forgery; they are also reject­ed B by Archbishop Ʋsher, and Bishop Godwin, upon very good grounds and reasons there expressed.

More consonant to Truth and Reason it is, That Christianity spreading it self, 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,C 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 D in assigning the time of this Transaction; Bede would have it, An. Dom. 156. Malmesbury 166. Matth. Westminster, 185. others, 182.167, &c.

Anno Dom. 186. Dio, lib. 72.820.Amongst all others, the most troublesom War to Commodus was the British; for the Northern Britains having broken down, and passed the Wall placed between them and the Roman Camp, sur­prized and killed the General, and most of the Soldiers, and wasted the Province far and near.E

Marcellus Lieutenant.The Emperor affrighted with this action, sent against them Ʋlpi­us 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 Britains for their Revolt;Chastiseth the Britains. he revived the lost Discipline of War, for want of which the Army grew Licentious; for this good Service, and for his Virtues sake, Commodus could scarce ab­stain from putting him to Death; yet, upon better thoughts, he F only discharged him from his Imployment.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 Favorite (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, [Page 29] and placing others of less note and worth in their steads;Livius, Aeliu [...], Aurelius, Com­modus, Antoni­nus, An. Dom. 182, 183, &c. 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 believ'd it, especially at the instance of Cleander, who hated him, and being declared Traitor, was deliver'd to the Soldiers, who first A 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. sollicites 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, B 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 honor'd with the Title of Caesar, but he declin'd it; and after­wards declar'd openly his affection to the Antient 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 C 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 Murther'd. 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) Lugdunum, he was encountred by Severus, o. D 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 d. North part to Virius Lupus, where the Meatae, Spart. in Sev. c. 6.339. Dio. lib. 75. (p) assisted by the (q) Ca­ledonians, withstood him, and forced him to purchase Peace with Money.

Not long after, the Emperor was informed by Letters from the b. Prefect of Britain (Virius Lupus) That the Barbarous People,Herod. lib. 3.82. by E 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 Horse-Litter, yet came thither sooner then he was expected: The Northern Britains daunted at F 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.

[Page 30] Severus, An­tonin [...]s, Bassia­nus, Caracalla, &c. Geia, &c.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 Rampiers, which distinguished the Roman Limits from the Barbarous A Britains (or into Caledonia, as Dio) there were many Tumultuary Fights and Skirmishes, the Romans being every where Victors; but the Britains easily saved themselves, by retreating into their Fast­nesses,There, lib. 76.867. His great La­bor to Conquer the Britains. 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 thorough 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 B 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 Horse-Litter, forcing the Britains to make their C Peace,The Britains yield up part of their Country, and make Peace. Burton. upon Anton. Itener. 63. Severus Re­pairs Hadria­nus Wall. Spart. in Sev. 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 contein 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 Fortify'd 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, D the Ruines 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) Eboracum: To Bassianus Antoninus, the Eldest, he commits the Command of the Army; But, no sooner was Seve­rus r. come from amongst them, but the Britains Arm again; where­fore E 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 Labors, 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 Physitians, because they dispatched not his Father, ac­cording F to his Commands;Caracalla his Cruelty. nor did his Cruelty spare any one that had been advanced by, or shewn any respect or honor to his Father; [Page 31] he practised, by Bribes and Promises, with the Soldiers,Antoninus Bas­sianus, Cara­calla, &c. and Geta, &c. Divus Aureli­anus, Aurelius Probus, Cari­nus Dioclesian and Maximia­nus, An. Dom. 209, 271, 278, &c. 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 Britains, 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 A 30 (ſ) Tyrants, as Lollianus, Victorinus, Posthumus, the Tetrici and Ma­rius, in the Reign of Gallienus, might Usurp the Government here, where their Coyns have been found in great quantities.

ſ.

In the time of Aurelianus, Proculus and Bonosus at Agrippina, Camb. Brit. 50. (t) Invaded the Empire, and Usurped Britain, Spain, and (u) Gallia brac­cata:t. The latter of whom, being overcome and vanquished by u. Probus, hanged himself, and gave the occasion of the Jest,An. Dom. 265. An. Dom. 271. &c. Vospic. in Pro­bo, c. 18.942. Probus. Idem in Bono­so. c. 15.971. Zosin. lib. 1.36 That B 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 Practises of him, whom he had recommended to him for (x) Governor of Britain, and sent Victorinus x. to Correct him, who, by a witty Stratagem (not mentioned by C the Author) slew the Traytor: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 setled, 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 D another, to Govern in Gallia, Italy, (y) Illiricum, Spain, Africk, Carinus. and Britain, as Emperor; and directed, that in all things he should y. 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, vanquish'd and Kill'd him at Margum, a Town in (z) Moesia.

About this time, Carausius, a Man of mean Birth, but of a great z. Mind, was Imployed to secure the Belgi [...] (a) and Armorican Coasts,An. Dom. 287. infested by the Francs and Saxons; who neither restoring to the a. E Owners what he had taken,Victor. de Cae­sar c. 39. Sect. 2. Bede, lib. 1. c. 6.30, 31. Carausius Re­belleth. Maximianus made Diocle­sians Collegue. An. Dom. 286. nor giving the Emperors 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 Col­legue 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 endeavored to reduce by force, but in vain; for having gained the Roman Legions, and drawn into F [Page 32] his Party the discontented People,Dioclesian and Maximianus. Anno Dom. 271, 278. &c, and Northern Britains, 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 Caesars; Galerius Maximinus, who was sent into Persia, and Con­stantius Chlorus into Britain against Carausius; but before he arrived,A 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 B b. his Fleet at Sea, and for this purpose he lay with his Navy upon the Coast of the Isle Vectis, (b) but his expectation being fru­strated, by reason the Romans, in a thick Mist, recover'd the Land, before he could discover them, he prepar'd 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, C whose Army (consisting for the most part of Mercenaries) Francs, Germans, &c. was soon routed, and Alectus himself slain by Asclepio­dotus c. the (c) 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 D 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. &c.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 E 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 F the Garrisons toward the Borders, and establishing a ge­neral [Page 33] Peace, he came to York, Dioclesian and Maximianus, Ga [...]erius and Constantius, Constantinus Magnus, Anno Dom. 300. &c. 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 receiv'd with exceeding great joy, named him, and was, after his Funeral, saluted Emperor by the whole Army.

A 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 Bithynia, it is much controverted amongst Authors. Zosimus, Bede, and Nicephorus report her his Concubine, and unlaw­ful Woman; others, as Eutropius, &c. 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, B 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) Drepanum, and that Helena was the Daughter of Constantius's host, when he lodged there, in his Expedition against the Persians and d. Sarmatians; Firmicus affirms, he was born at Naisus, (e) a Town e. in upper Moesia.

But I leave these Controversies to those that think it worth their C trouble to examine who are in the right; and return to the great Constantin, who Govern'd the Empire by Four Pretorian 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 Alpes into Italy an Army of Germans, (f) Celts and Bri­tains, f. 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 D in Gallia, Germany and Britain, Ibid. 65. Camb. Brit. 53. Constantin Drawes the Garrisons from the Limits and Frontires into Inland Towns. An. Dom. 315. and removing them also from the Frontires 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 Quar­rers, 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, E 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 Bithy­nia, and Wrote into Britain, amongst other Countries, for the ob­servation F [Page 34] of such things as were determin'd 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 dyed this year upon Whit­sunday. Zosim. lib. 2.69. Constantin Junior Mur­ther'd. 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,A Spain, and Britain were assigned to his Eldest Son Constantin, Ju­nior, but by the contrivance of his Brother Constans; after he had enjoy'd them Three years, he was Murther'd; who then Usurp'd that part of the Empire; yet before he was well establish'd, Mag­nentius rises up against him, and by his order, one Gaiso, with a Se­lect Company, dispatcht 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 B 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 it self to Constantius; and then 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 C had Conspired with Magnentius, accusing the Innocent as well as the Guilty, that he might Inrich 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 depart 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. D

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 Collegue, in the Empire, the Government of Gallia, Bri­tain, &c. was committed to him; who, residing then at Paris, up­on E the News of the Incursions of the Scots and Picts into the Pro­vince, and Complaints of the Spoyls and Outrages they commited 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 g. fair Wind he arrived at (g) Rhutupiae, and Marched to London, that from thence he might proceed whither his Business carried him.F

The Christians in Britain di­sturbed by A­rianism. Anno Domini 359.About this time the Arian Heresie crept into Britain, which mightily disturbed the Peace and Quiet of the Christians there; in Favor of which Constantius commanded a Council of 400 Bishops of [Page 35] the Western Church to meet at Arminium, Valentinianus Primus, and Valens, Anno Dom. 364. &c. where there were Three Bishops only out of Britain; which, by reason of their Poverty, ac­cepted the Emperors Allowance of Diet, while they staid 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 A 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) Ambiani, to the (i) Treviri, he received a sad and astonishing Message, That the (k) Picts, (l) Scots, and (m) Attacots, from the B North, together with the Francs and Saxons, who were the most h. feared, Invading the South-Coasts over against Gallia, had harassed,i. and with Fire and Sword destroy'd and ruin'd almost all Britain; k. That they had Kill'd Nectaridius, the Count or Comes of the Sea-Coast,l. and surprized Buchobaudes, Duke of Britain, and General of his Land m. Forces, by a Stratagem; after he had, to no purpose,Ibid. lib. 27. c. 7. Picts, Scots, &c. Invade the Province. Nectaridius Slain. Buchobaudes Surprized. first sent Se­verus, then Jovinus, to suppress the Fury, Violence and Incursions of these People.

C The Necessities of Britain requiring a greater Assistance, at last he sent Theodosius, a Man of known Valor 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) Batavians, (o) Herulians, and other Forces that n. followed him, he Marches to London, afterwards called Augusta, o. and dividing his Army into several Bodies, sets upon the Roving,Theodosius Propr [...]tor. Ibid. lib. 27. c. 7. London called Augusta. The Scots and Barbarous Na­tions overcome. Pillaging Enemy, laden with Spoil; from whom, recovering the D Plunder and Prisoners they had carry'd away, he restores all to the Right Owners, save a small Portion he gave to his wearied Soldi­ers, and enters London Triumphantly; having scatter'd their whole [Page 36] 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 diverse 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 imploy'd in repairing the ruin'd Castles and Cities, and in laying the foundation of a firm Peace, one Valen­tinus A a Panonian, Zosim. lib. 4.742. Am. Marcell. lib. 28. c. 7. a Man of a haughty spirit, who was, for some great Fault, Banish'd into Britain, with other Exiles and Soldiers, Conspir'd against him, as the only bar to his Design of obtaining the Government of the Isle; who being discover'd, with some few others, that were most strictly joyned with him in the forming this Conspiracy, were deliver'd 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 ingaged, left by this B 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 recover'd that part of the Province, which was un­der the Power of the Enemy, he reduc'd it to its former State and Government; and from that time, according to the pleasure of p. Valentinian, it was called (p) Valentia, the (q) Areani, were found guilty C q. in this Conspiracy, who being corrupted with Rewards, often dis­cover'd the condition of the Roman Affairs to the Barbarous Peo­ple.

Ibid. lib. 28. c. 7. Theodosius re­call'd. Theodosius, after these Atchievements, being recalled, was accompa­nied to the Sea-side, with the general Favor and Applause of all Men, and passing the Sea with a gentle Gale, came unto Valentinian; by whom being receiv'd with much joy and affection, he was made * D Master of the Horse, in the room of Valens Jovinus, sometime af­terwards r. Froamarius, whom Valentinian had made King of the (r) 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.

E

[Page 37] Gratian, the Eldest Son of Valentinian by Severa, Gratianus, Valentinianus Ju­nior, Theodo­sius. Anno Dom. 374. growing to­wards a Man, his Father made him his Collegue in the Empire, and he succeeded him after his Death; with whom, Valentinian the younger, his half-Brother, by his Step-Mother Justina, but then four years old, was elected his Partner in the Empire, by advice of the Council, and General consent of the Army.Ibid. lib. 27. c. 5. Anno Domini 37. Ibid. lib. 30. c. 12. Zosim. lib. 4.751. Anno Dom. 379. Theodosius chosen Empe­ror by Grati­an, and Ruled in the East. Zosim. lib. 4.760.

But Gratian finding his Affairs perplexed, the Goths and other A Barbarous People Invading the Empire on one side, and the Nations upon the Rhene Infesting it on the other, not thinking himself suffi­cient for the Administration of it, after the Death of his Uncle Va­lens, chose Theodosius, Son to that Theodosius that had so bravely be­haved himself in Britain, to be his Consort, and sharer with him in the Empire, who Ruled in the East.

Things being in this state and condition; Gratian being an easie Prince, listening to Flatterers, and such as are wont to corrupt and B debauch the kind and mild dispositions of Princes; received into his favor, and into the Army, certain Renegado (ſ) Alans, unto whom he gave great Rewards, and trusted them with the Management of ſ. 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 C worthy of the Empire, and himself not thought fit to have any ho­norable Employment in the Government, more and more irritated the Soldiers against Gratian; and they being ripe for Sedition, were easily prevailed upon to Salute Maximus Emperor;Anno Dom. 381. He is Saluted Emperor. Zosim. Ibid. and having de­liver'd him the Imperial Diadem and Purple, they forthwith passed the Sea with him to the Mouth of the River Rhene; the Armies in Germany; and the Neighbor Nations, with much satisfaction appro­ving the Design.

D Gratian prepares to suppress this Rebellion, and Fight Maximus, but being deserted by the Army he had gather'd together, seeing his Affairs desperate, he fled with 300 Horse toward the (t) Alpes, and t. from thence through (u) Rhaetia, Noricum, Pannonia, toward (x) Upper u. Moesia, whether being pursued by Andragathius, Master of Maximus x. his Horse, passing the Bridge at (y) Sigisdunum, Gratian slain he was overtaken and slain.y.

E Theodosius, at the Instance of Justina, Mother to Valentinian, Anno Dom. 3 [...]3. pre­pares to encounter Maximus, whose Army being defeated in Pannonia, [Page 38] he fled to Aquileia, Theodosius Ma­jor, Valentini­anus Secundus, Honorius, Ar­cadius. Anno Dom. 383, &c. where he was taken, deliver'd to Theodosius, and presently put to Death; and to young Valentinian was restored whatsoever his Father, or his Brother Gratian had possessed.

The Scots and Picts taking advantage, when the Army, and the Flower of the British Youth was transported by Maximus (most of which were either slain,An. Dom. 388. Zosim. lib. 4.769, 770. Young Valen­tinian restored. Gildas, c. 11. The Scots and Picts invade Britain. They Waste it. Socrat. Hist. lib. 7. c. 12. or seated themselves in Amorica, now Bri­tanie in France) miserably spoiled and wasted the Province; for the opposing and reducing of whom, Chrysanthus, the Son of Marcian, A 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, z. reduced them, it no where it appears: not long after, the Empire * being distressed, the Legion for this purpose sent into Britain, was recalled,Chrysanthus sent to repress them, and Sti­licho. Claud. Paneg. 2. de laud. Stilich. Anno Dom. 395. The Legion sent with them re­called. The Vandals &c. Invade Gallia, and Germany. Zosim. lib. 6.824, 825. They Affright the British Forces. Anno Domini 409. They Mutiny, and set up Mar­cus, Gratianus and Constantin successively. He transports the British Army into Gallia. So [...]omen. lib. [...]. c. 15. Constantin ta­ken, Anno Dom. 413. and put to Death. A [...]icola in­tr [...]ceth Pe­lag [...]anisme in­to Britain. An. Dom. 429. Bede, lib. 1. c. 17. and the (z) Vandals, * Sueves, and Alans, having passed the B Alpes, 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 (then Deputy, as may be thought) in the Throne, and Subject themselves to him; who, not pleasing their humor, 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 C 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 Britan, and by good words and flattery, he reconciled to him the whole Force there, and obtained all that Country as far as the Alpes.

But having disoblig'd Gerontius, he took as much pains to throw D him down as he had done to set him up, exciting all his own and the Enemies of the Empire against him; who, being Besieg'd 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,E sometime of Bangor in Flintshire, propagated his Heresie 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 Troyes in France, who by their Preaching in open Fields, and High-ways, and Disputations in a great Concourse of People (both Spectators and Judges) this Heresie was well nigh extinguished.

F

[Page 39]The Empire now declining,Honorius, The­odosius Junior, Valentinianus Tertius. Anno Dom. 414, 420, &c. 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 Britains, after the example of the (a) 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 a. unattempted to free themselves from the danger of the Barbarians,Anno Domini The British Forces twice Transported. Zosim. lib. 6.827. The Britains Revolt. Permitted by Honorius. Zosim. lib. 6.830. A 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 Britains was pusht forward by the Irruption of the Vandals into Spain, the Alans into Portugal, the Goths into Italy, and the taking of Rome by Alaric.

B Yet not long after,Anno Domini 414. The Britains 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 Bri­tains Enemies out of their Country; but being Remanded, at their departure they ordered them to Build a Wall * (b) between the Seas C beyond the Island, which being made of Turfe by the unskilful Peo­ple,b. and without any experienc'd 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 wonted Foes passed over the Friths at both ends of the Wall in Boats, made Irruptions into the Province, broke down the Boundaries, committed great Slaughters, wasting and destroying all before them: When they again, with a lamentable Narrative of D their Miseries and Oppressions, Implore Ayd from (c) Aetius, Praefect or President of Gall [...]a; who,And miserably destroy the Bri­tains. Anno Domini 421. moved with their sad and deplora­ble c. condition, sent anoth [...] 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) the Seas or Friths.

d.

Then the Romans told the Britains, Dousa Annal. Holland. lib. 1.56. Gildas, as be­fore. They could not undertake any E 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 [Page 40] had made his,Honorius The­odosius Junior. Valentinianus sertius. Anno Domini, 414, 420, &c. 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 it self, pulling the Coward­ly A Defendants with Hooks from the top of it; who then leaving it, with the Cities and Fortresses adjoyning, flee, the Enemy pursu­ing them, with a more Cruel and Bloody Slaughter then the for­mer.

The poor Remains of the Britains send once more their most Mi­serable and Tragick Complaint to Aetius, An. Dom. 446. in these Words; To Aetius Thrice Consul: The Groans of the Britains; The Barbarians drive us B to the Sea, and that drives us back to them: thus tossed between two Deaths, The Britains in vain implore Aid from the Romans. we are either Drowned, or perish by the Sword. But they Sol­licit in vain; the Empire then distressed, by the Huns, Goths and Vandals, was not in Condition to assist them. And the Britains e. thus deserted by the Romans, and by reason of the (e) 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, &c. as shall be deli­vered C in the ensuing Discourse of them.

DEF

The ROMAN Military Estalbish­ment in BRITAIN.

A

THis Military Establishment is taken out of the Notitia, Alciat. Tom. 2.482.483.485.486, &c. 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 Publick Revenues and Treasure; how many Magistrates and Officers there were; what number their Army was; and of B what People it consisted; how many Fleets and Kingdoms the Ro­mans had; also the Tribute and Taxes of the Provinces; the Publick Burthens, 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 sayes 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, C 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) Praesen­tial in the West; the whole, whatsoever the Romans had in this Isle,a. D seems to have been under his Command, as his Ensignes denote; which were, his Book of Instructions, his Letters Patents or Com­mission, and under them a Castle Fortified, incompassed with the Sea in the Form of the Island, and superscribed Britannia. His Ensignes. 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, E or Master of the Horse and Foot alternately every other year; Commentariensis, or Goaler, 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.

F

[Page 42] Ibid. c. 72. Count of the Saxon-Shore.There was also Comes littoris, or limitis (b) Saxonici per Britanniam, a Count of the (b) Saxon-Shore throughout Britain; his Ensignes were, b. Nine Maritine Towns placed on the Form of the Island, and the Sol­diers in Garrison were about 2200 Foot,His Ensignes. and 200 Horse, expressed as followeth;

A

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.

c.

1. Praepositus Numeri (c) fortensium Othonae.

What Soldiers and Garrisons under his Com­mand.The Captain, or Provost of the Cohort, or (d) Band of the (c) Forten­ses at Ithancester, near St Peters Chappel, and not far from Maldon in B Essex, upon the Coast, in Dengy Hundred.

d.

Cambden in the several Counties.2. Praepositus Numeri (e) Twenacensium Lemanis.

The Captain of the (e) Turnois at Lime near Hithe in Kent.

e.

f. 3. Praepositus Militum (f) Tungricanorum Dubris.

The Provost or Captain of the (f) Tongrians at Dover.

C 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) Stablesian-Horse at Yarmouth in g. Norfolk.

D

h. 6. Tribunus Cohortis Primae Vetasiorum, forte (h) Vetusiorum, Regulbio.

The Tribune of the First Cohort of the (h) Vetusians at Reculver, a Town of Kent, upon the Northern Coast, in the Lathe of St Au­gustines.

[Page 43]7. (i) Praefectus Legionis Secundae Augustae Rutupis. i.

(i) The Praefect of the Second August or Imperial Legion at Rich­borow near Sandwich in Kent.

8. Praepositus numeri Abulcorum forsan (k) Abulorum Anderi­dae. k.

A The Captain of the (k) 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 B 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, &c. Corrected Praesidents had not any Masters of Requests, or Regendaries, because they were bound to C Subscribe the Libels, Memorials, &c. 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 Ensignes were 14 Towns, placed also as upon D 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 Ensignes, and Superscribed Sextae, for the E Sixth Legion was placed at York.

2. Praefectus Equitum Dalmatarum, Praesidio.

The Praefect of Dalmatian Horse at Warwick.

3. Praefectus (l) Crispianorum Equitum, Dano. l.

The Captain of the (l) Crispian Horse at Doncaster in Yorkshire.

F 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.

[Page 44]5. Praefectus numeri Barcariorum, Tigrisensium, Arbeia;

m. The Captain of (m) Barcarians, &c. at Jerby in Cumberland.

6. Praefectus numeri Nerviorum, Dicti.

n. The Captain of the Dictensian (n) Neervians, at Diganwey in Caer­narvonshire, near Aberconwey.

A

o. 7. Praefectus numeri (o) vigilum Concangies, or as Alciat, Conca­gios.

The Captain of the Watchmen in the Baronie 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. B

The Captain of the Scouts at Bowes in Stanemore in Richmond­shire, in the North-Riding of Yorkshire, not far from Barnards-Castle in the Bishoprick of Durham.

9. Praefectus numeri directorum, alias Duroctorum, aut Durocor­torum veterum, aliter verteis, vel Verterae, as 'tis noted over the Town in the Dukes Ensignes.

p. The Captain of the Band of (p) Durocts, or Durocorts, at Burgh-Castle C in Stanemore in Westmoreland.

10. Praefectus numeri Defensorum Braboniaco.

q. The Captain of the Band of (q) Defenders at Brougham in Westmore­land.

11. Praefectus numeri Solensium, Maglovae.

The Captain of the * Solenses at Maclenith in Montgomery-Shire,D there placed to keep under the Montanose People.

[Page 45]12. Praefectus numeri pacensium. Magis.

The Captain of the (r) Pacenses, at Old Radnor in Radnorshire, or r. perhaps at Magiovinium, Dunstable in Bedfordshire.

13. Praefectus numeri Longovicariorum, Longovico.

The Captain of the Lancastrian Band; at Lancaster.

A

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 B 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) C 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) Cornaviorum, (t) Ponte-Aelii. ſ.

D The Tribune of the (ſ) Cornavii, at (t) Pont-Eland in Northumber­land. t.

3. Praefectus, (u) Alae primae Asturum, Conderco. u.

The Praefect of the first (u) Wing of * Esturians in Spain, at Chester on the Street, in the Bishoprick of Durham, between that Town and Newcastle.

4. Tribunus Cohortis primae, Frixagorum forsan (x) Fraxinorum. x.

E The Tribune of the first Cohort of Frixagians (what they were is not known) but perhaps rather of (x) Fraxinians at Walls-end in Northumberland.

[Page 46] y. 5. Praefectus Alae (z) Savinianae (y), Humo.

z. The Praefect of the (z) Savinian Wing at (a) Sevenshale in Northum­berland.

a.

6. Praefectus Alae secundae Asturum, Cilurno.

The Praefect of the Second Wing of Esturians at Collerton, or Col­lerford in Northumberland. A

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.

B

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.

C

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) Aelii (c) Dacorum, Amboglanna.

b. The Tribune of the first (b) Aelian Cohort of (c) Dacians, at Ambleside c. in Westmoreland, upon Winander Mere.

D

13. Praefectus Alae petrianae, Petrianis.

The Praefect of the Petrian Wing at some place near Peteril in Cumberland.

d. 14. Praefectus numeri Manrorum (d) Aurelianorum, Aballaba.

The Praefect of the Band or Company of (d) Aurelian Moores, at Ap­pleby in Westmoreland.

E

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 Bishoprick of Durham.

F

[Page 47]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) Morinorum, Glannibanta. e.

A 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) Cuneus * Armaturarum, Brementuraco. f.

The Band of Young Men that were taught the Art and Science of *. the Exercise of Arms at Brampton in Cumberland.

B 22. Praefectus Alae primae (g) Herculeae, Olenaco.

The Praefect of the first (g) Herculean Wing at Helenborow in Cum­berland. g.

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 C 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 di­verse, 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, &c. in the ancint Em­pire, D 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 Ʋrbane Cohorts, endeavour to reconcile them: for the Num­bers in Legions, and consequently those of Wings and Cohorts, were diverse, 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 E of 1105 Foot, and 132 Horse; the second 560 Foot, and 66 Horse, [Page 48] 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, &c. 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, &c. More to this purpose may be read in Leo's Tactics, c. 4, &c. A

The Romans placed their Garisons to­wards the Frontiers.It was usual, and always done by the Romans, to place their Ga­risons, 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 B Guards and Garisons on the limits next Scotland chiefly, and on the Sea-coasts;Castra Stati­va, Hiberna, aestiva. Gogmagog-Hills, &c. 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 out-side, encompas­sed with a Double Ditch, and two high Banks. That before and on the North-side the Crown-Inn in Chesterford in Essex, where, on the C right hand, in the Bottom, going up the Hill, from Cambridge, or Born-Bridge, toward the Inn which stands upon London-Road, is yet to be seen the Foundation of a Foot-Bridge over the Trench to­ward Icleton, (or Old Icelodunum) made of Roman-Brick and Mor­tar; and as I received it from that Learned and Worthy Person Sir Thomas Darrel of Castle-Camps, and sometimes of Hinckston, near the place, he had seen some of Antoninus Pius his Roman Coyn, which was found, and Plowed up within the Trench. One there is upon D the Hill opposite to Audley-Inn-House, on the West-side of it; ano­ther at Little-Bury near adjoyning, from whence the Name of the Village, it lies behind the Church near to the Rivulet; another in Wiltshire opposite to the Town or Village Wiley, called Yanesbury; another in Dorsetshire near M [...]nckton, and not many Miles from Dorchester, and in other parts of the Nation; by these they kept in subjection the Natives and M [...]diterranean People,The Saxons made use of the Roman Castra, or Fortresses. though they did not fill their Colonies with Soldiers; Several of these Castra were used E by the Saxons for the same purpose, when the Romans left the Nation, and some of them were by them called Chesters, or Castres, and have those Names at this day.

Veget. de re Militari, lib. 3. c. 6. The Roman Ways. Eccles. Hist. lib. 1. c. 11.The Romans, for the greater Conveniency of Passage from Ga­rison to Garison, (h) Station to Station, (i) Colony to Colony, and from one (k) Municipium or Corporation to another, had their Pub­lick Ways, called the Consulary, Praetorian, Kings, and Military Ways,F &c. by Bede, and the Moderns, Strates, or Streets. There were in i. h. [Page 49] England Four of chiefest note, (l) Watling-street, (m) Ikenild-street, Book II. Part I. (n) Ermin-street, and (o) the Fosse-way; two whereof were extended cross the Breadth of the Kingdom,Lamb. Ll. Ed. Confess. c. 12. the other through the length of it. These were made by the Soldiers and People under the excellent Discipline of the Romans, and other great and magni­ficent l. Works performed, as well to prevent the mischief arising m. from Idleness, as for their own convenience, but not without the n. A very hard labor of the Provincials, as the Britains grievously com­plained,o. that the Romans wore out,Four of them of most Note. How made. Tacit. in vitâ, Agric. c. 31. and consumed their Bodies and Hands in clearing the Woods, and making Ways over the Fens and Bogs, with 1000 Stripes and Reproaches. The vast Charge and Labor in making these Wayes, may be collected from the carriage of Gravel, Sand, and Stones many Miles, where the Soyl it self afford­ed no such Materials; as in most, or a great part of that Gravel Cause-way,Dugd. Hist. of drayning, fol. 157. a. The Cause way thorough the Fens. which extendeth it self from Denver near Downham-Market B 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 then these Four Famed Ways, and that from Garrison to Garrison, Station to Station, Colony to Colony, &c. That part of the Itinerary which relates to Britain, is a sufficient Argument, where there are described 16 several Journeys in several Traverses and Turnings up and down the Country, where these ways went not; yet 'tis not unlikely, that wheresoever these ways have ap­peared, C or howsoever they have been described, they might be branches of, and terminate in the Great Ways: Upon these ways [Page 50] 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, Waggons 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 A to have been done by Men. But whosoever considers what Burthens the Common Soldiers carried in their ordinary Marches, as a Months Provision of Diet,Roma Illustra­ta, 139, 140. The Soldiers Burthen when they Marched. a Spear, Shield, and Helmet, their Utensils for sudden Intrenching, and Incamping, 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 out-do the Labors of other Men. And lest they might B prove lazy, and lose their vigor by lying still, especially from their Winter-Camps,They March out of their Camp Thrice in a Moneth. 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 C Magnitudine Romanâ, where he may lo [...] himself in Admiration.

DEF

THE A FIRST PART OF THE Saxon History.
BOOK II.

B

C AN Exact History of the Actions of the Saxons cannot be expected,Book II. Part I. 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 Forreign Au­thors. Gildas con­fesseth he Wrote his Epistle from the Information he had out of Foraign Writers, and not from any Chronicle D 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 E 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 Friers, of all Orders: Their Burning, Destroying,Learning most in Monasteries. and Rifling of Monasteries, where most of the Learning of that Age was then Cloystered, and the most considerable Memoires of things preserv'd; cannot, in reason, hope for a very particular and just account of what was done here for several Centuries of years (especially in F Ecclesiastick Matters) before the coming of Augustin, Anno Domini 598. or there­abouts. they being wholly confin'd 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 Hyperbolies, and Metaphors of Ig­norant Writers (such as the Age they lived in afforded) that the brightest Rayes of Truth, could scarce penetrate and appear through those thick clouds of darkness, and Ignorance.

[Page 52]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 Publick an Authentick and well-ground­ed History of these Times. But failing in my expectation, I re­solv'd to be very short, as having no where found a sufficient War­rant to Write much, notwithstanding all my Pains and Indu­stry.A

I have omitted all the particular Accounts of the Foundation of Monasteries, their Burnings, 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 B 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 oft-times, the Monks C 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 Huntington, and he Florence of Worcester, and him Simon Dunelmensis, Mat. Paris Transcribed Roger Wendover, &c.

The strange Intricacies in the Chronology of this Age are also D 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 Labor and trou­ble I have been at; for, upon Tryal, they will be as much deceived in their Satisfaction, as I was my self.

See Ushers Primord. p. 394. For the usages of the Saxons, we must look further then our own Histo­rians, Cimbers. Celts, Ger­mans. The Saxons not named in Taci­tus ▪So that for the Laws, Customs, and Usages of the Saxons and E German People that came hither with them, we must look further then our own Historians, or rest satisfied with a very ordinary, pi­tiful, and lame Accoun [...] 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, &c.

Tacitus, his Book De moribus Germanorum, mentions not the Sax­ons, F and what Name they had, or what People they were in his time among the Germans, I leave to the conjectures of Crantius In prae­fat. ad Hist. Saxon. Cisner In Praef. ad Crantium. Cluverius 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 yeilding to, or being [Page 53] 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, then their own.

Tacitus Secundo Annalium, cap. 44, 45. where the Semnones and A 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 An. Dom. 100. Cluver. ibid. fol. 3. Ferrar. Lexi­con. Trajan B the Emperor, names not the Saxons, yet Ptolomaeus the Geographer, within less then 40 years after, who Geogra. fol. 357. Edit. Paris. The Germans Illiterate. flourished in the Reign of Hadrian and Antoninus Pius, expresly mentions them, their Seat and Country.

When Tacitus Wrote, both German Men and Women were Illi­terate; Tacit. de Morib. Germ. cap. 19. They were Go­vern'd by Cu­stomes. Plus boni m [...] ­res ibi valen [...] quam alibi bonae leges. Many Customs in the Saxon times the same with the Ger­man 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 C themselves by their Customs, which the same Author in this Chap­ter sayes were of more Authority with them, then good Laws in other places. Some they then had, not much unlike some of our Customes 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 punish'd by Hanging the Offenders up­on Trees, or Drowning them. The same Punishments we have D mentioned in our Antient Charters and Laws, Furca and Fossa, Pit and Gallows, Hanging and Drowning; for Crimes that deserved either, were 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. 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. Ibid. c. 5. (which then was their Wealth) for Gold and Silver they had none. Ibid. c. 12. Part paid to the King, part to the Injur'd Person, or his Relations. part of which Mulct belonged to the King, where there was one, or to E the Nation where there was none, and Ibid. part was paid to the Injured Person, or his Relations.

This practice often occurs in our Saxon Laws; again, Ibid. c. 21. The same Pu­nishments and Mulcts in our Saxon Times and Laws. Murther pu­nished by Pe­cuniary Mulcts. Homi­cide and Murther were Paenal 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 Murther, and a LL. Inae. n. 7 [...]. Inheritance and Success [...] giving or division of it to some of, and amongst F the Murder'd Persons Relations.

Haeredes successoresque sui, &c. every Mans necessary heirs were his Children, they had no testamentary heirs, if there were no Chil­dren, then the next of the Kindred, Brothers, Ʋncle by the Father, and Ʋncle by the Mother succeeded; This Succession and Inheritance seems not to have been of Lands, but Goods; unless it was in such [Page 54] a share and portion of Land, which of right was annually set out to the Predecessor, for they had no fixt Estates. 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 easie. They every Year changed their Arable Lands, and one Field lay fallow.

A

Caesar more clearly delivers this Custom of Land-shifting, which originally was commune to most Nations; speaking of the Germans, Com­ment. 6. p. 224, 225. The Germans lived upon Milk, Cheese and Flesh. They lived to­gether in Tribes or Kin­dreds. He saith, Agriculture they minded not, further then 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, conteined within certain Bounds and Limits; but their Magistrates, Princes, or Chiefs, appointed to their several Tribes,B Families, or Kindreds (who always lived together) as much Land, and in what place they thought good; and the next Year force them out of it.

Tacit. de mor. Germ. c. 16. They had no Ci­ties. Their Houses poor Sheds, or Cotes, &c. Cities the Germans had none, they placed themselves where Rivers, or Brooks, Fields and Woods offered most conve­niency,C per (a) Vicos, as it were in Streets, not according to the manner of the Romans, with their Houses joyned together, but severed one from another, and compassed about with a space of Ground. Their Houses were poor Sheds or Cotes, and the Herodi­an. in Maxi­min. lib. 7. fol. 147. Steph. Ed. Materials of them Wood, Branches of Trees, Culm or Stuble.

Tacitus ut supra, c. 11. They assembled on set days, either in the Full▪ or New of the Moon. The Priests were Chair­men 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.D They sat Armed in these Assemblies, and took their Places as it pleased the Multitude. Silence was injoyned 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 shewed their Dislike, and despised it by Morosity, and Roaring Out-Cryes; But if it pleased them, they clashed and ratled together their Spears and Pikes.

E

Ibid. c. 12. Vicus, What, and whence derived. Via, Whence derived. Vici Majores, became Burghs, great Towns, and Cities. Vicinus, whence derived. In these Assemblies, the Chiefs, Princes, or Governors were [Page 55] chosen, which declared Law and Right in every (b) 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 Rusticks, but such as went to War with the Prince. people their As­sessors, b. 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. Court-Barons, Leets, Man­nors. came our Courts, or small Towns, Court-Barons, Leets, and Mannors.

A Not. Va­riorum on that place. Hundred Courts in Ger­many. There are yet in some parts of Germany, as in the Palatinate, Franconia, &c. Courts Criminal, which are called Zentgericht, or Hundred right, or Court, and the Presidents of them Zent-graffen, or Zent-greven, the Hundredary, or Judge of the Hundred; and the As­sessors Zent-Schoppen, or Zent-Schappen; which most antient Institu­tion of the Germans, had its Name from the Number of Assessors. And from thence also we derive our Hundred Courts in England, where antiently there was a particular Person called the Centenari­us, B or Hundredarius, who was Judge, and all the best and Chief Men of the Country, Suitors, Assessors, or Jurors; where also the Bishops often sate with the Hundredarie.

[Page 56] 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 Judgment and Appointment of him they followed. There was great emulation amongst these Comites, who should be Favorites, and among the Princes, who should have most and stoutest of them. This was their Honor, this their Strength, to be incircled with a Multitude of choice young Men, an Ornament A in Peace, a Guard in War; yet none might take Armes 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 honor 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: Ibidem. The Prince and his Follow­ers ought to be of equal Cou­rage; it was Infamous to out-live him in Battle: The Oath of the Comites. It was dishono­rable for the Prince to be overcome, and as dishonorable for his fol­lowers B 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 Princes Munificence, they received a Boon, it was of things obtained by War and Rapine. Caesaris Com. 6. p. 226. Theft allowed. Theft not C being infamous out of the bounds of their own Nation, and was al­lowed for the exercising and exciting the courage of their youths, Tacitus ut supra, c. 14. for without that a numerous Train of Followers was not to be maintain'd.

Ibid. c. 15. The Princes received Cat­tle and Corn for the support of their own People, &c. The Princes, as an honorarie, and for their Sustentation, re­ceived of every Man of the Nation a quantity of Cattel, and Corn; and from their Neighbour Nations (such 'tis supposed as were un­der D their Protection, not their Enemies) choice Horse, Arms and Furniture. Here seems to be the beginnings of Fees, and Feu­dal Tenures, or Benefices; here is a necessitude between the Prince and his Comites, and Followers, and a Mutual Obligation; they Swear to defend him, he Armes, Feeds, and Supports them; yet re­ally, they were but little more, then meer Comites, according to the Notation of the words, which is derived from cum, and eo accor­ding to Vossius, in his Etymologie, and became a Name of Dignity,E from accompanying the General in War; or as 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 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 F 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. Ibidem. Et quod primo numerus fuit jam nomen & honor est.

[Page 57]Besides these Military, Noble, or Freemen, there were amongst the Ger­mans, Servants, or Slaves, Ib. c. 25. The Duty of a German Ser­vant. The same with Boers. but not like the Roman Servants, or Slaves, who were imployed in Family-Drudgeries, and Services; here every one managed his own House and Family. Their Lords injoyned them to provide a certainty of Grain, Cattle, and Apparel, which the Tenent or Servant performed, and no more. These were no other then Baurs, Buurs, or Boers, Plowmen, Colon's, or Rustic's, so called A from Buen to Plow. And at that Antiq. Germ. fol. 10 [...]. n. 20. Our Customs from those of Germany. Their Great Councils. time Cluverius Wrote, he says, many of these were in little better condition then Slaves to the German Noblemen inhabiting near the Sea-Coasts, 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 B 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. Praef. to Ina's Laws. Their Division of their Country. Their Judges, and Ministers of Justice. Their Laws most Paenal. So it was in this Nation, their di­vision of their Countries into pagos and vicos; so in England, or New Saxony, into Shires, Counties, Lathes, 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, &c.

C

Their Laws were most Paenal; and under Pecuniary Mulcts; so ours: Their Capital punishments Hanging and Drowning; so 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, &c.

After Tacitus there are no considerable Authors, which give any account what was done in Germany for many years, and the com­plaints of Not. ad lib. 1 p Lypsius, and colit. lib. 1. c. 31. Saxons first named amongst the German people. Bertius were very true, that the Wri­ters c. D of the Middle Age, except Amianus Marcellinus, were very vain d. and idle, mixing Truth with Falshood.e.

The first that names the Saxons amongst the German People,Saxons Famous for Piracy, to­gether with the Francs. is Claudius Ptolomaeus, the Great Geographer, and onely tells where they were Seated, as he is cited by Cluverius, Antiq. Ger. lib. 3 c. 21. who flourish'd in the Reign of Hadrian, and Antoninus Pius, between the Years of Christ, 120, and 160.

Afterward they grew Famous for Piracy, and joyning with the E Eutrop. lib. 9. Franc's, infested the Coasts of (c) Belgica, and (d) Armorica, in the time of Dioclesian, Circa▪ An. Dom. 300. when Carausius, a Famed Person for Military Exploits at Sea, undertook at (e) Bononia, to secure and quiet those Coasts.

The next News we hear of the Saxons, from any Author of cre­dit, is from 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 Neigh­bors, F attempted Gallia, wherever they could, by Sea and Land, Sacked and Burnt Towns, killing their Captives, and wasting the Country; [Page 58] and again in the third Armen­tor. lib. 28. c. 11 Consulate of Valentinian and Valens, An. Dom. 370. A great Multitude of the Saxons by Sea brake in upon the Roman Limits, and committed great slaughters upon their Peo­ple.The Saxons and Francs In­vade the B [...]i­tish Isles. And in the Fourth Consulate of the same Emperors, An. Dom. 373. Chroni­con Cassidori, fol. 696. the Saxons collected Val. re­rum Fran. liber. 1. fol. 47. a great force of the Germans to have Invaded Gallia; And near the Rhene about 80000 of them were slain by the Direction of Valentinian.

Neither did they only infest the Coasts and Country of Gallia, A but the British Isles, and wherever else they could make descents, Plunder and Wast the Country, and bring it under Tribute, living upon, and enriching themselves, by Rapine and Pyracy; 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 B and Foot under his Command, for the performance of this Service, as is said before in the Roman Story.

We see here the Franc's were joyned with the Saxons in R [...]pine and Pyracy; Bede, fol. 58. of his History, adds the Jutes and Angli to those which were invited into England; and Selden adds to them the Danes and Frisons, The Danes and Frisons joyned with the Saxons. in his Chronologie, at the end of Janus. And it is not to be doubted, but that under the Names of Saxons were C comprehended many other People, such as would joyn with them in Rapine, or Piracy, or such as they had subdued, which by the Conquering Romans, or their Neighbour-Nations, were forced to live, for their own safety, in Islands, Boggs, and Morasses, upon, and near the Coasts of the German-Sea;Saxonum gens in Oceani lit­toribus & pa­ludibus [...]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 D France) of all Jutland, Holsatia, &c. to the Elv, and all the Coasts from that River, to the Southermost Mouths of the Rhene and Scheld. Cluverius, in his Third Book, Antiq. Germ. c. 21. and 23. and Mr. She­ringham, in his Book de Origine, Gent. Angl. c. 2. n. 1. and c. 3. n. 1. do both Assert.

And these German People, coming hither under the Names only of Saxons, or at least of Saxons, Angli, and Jutes, which are only re­ported by our Historians to have come with them, might as well E have been called Almans, as the collection of the several People of Gallia, Almain, Why so called, or rather Allman­nia, Allman­nie. whom want and poverty had made daring and couragious, which Conquered the Country in Germany, lying between the Ri­vers, Rhene, Main, and Danube, called, after their Conquest, De All­maner, or, Die Allemanner, from this Miscellaneous Collection, or Convention of all sorts of People, by whom it was Conquer'd. As Agathias, an approved Author, that lived near the time of this Trans­migration of the Galls into Germany assures us, lib. 1.F

Ethelw. lib. 1. Seld. Dom. Sea. 250. The Miscella­neous People of the Saxons cal­led into Eng­land against the Picts and Scots.This Miscellaneous People, thus known to the Britains by their frequent spoyling, and harrassing of the Country near the Sea-Coasts, for many years together, were called into their Assistance against the Picts and Scots, when the Romans left this Island, and made themselves Masters of it, as is related in the ensuing History. [Page 59] What their Policy and Government was, and by what Laws and Rules they Govern'd here, comes next to be enquired into. These, as all other People, at first lived without Written Laws, and were guided by Customs and Usages onely,The antient Romans lived by Custom, ra­ther then Writ­ten-Law. as Pompon. in leg. 2. §. 3. de origine juris, speaking of the ancient Romans, says; they used rather an uncertain Law and Custome, then any that was Written; and adds, that it was to be thought the old Longobards and Saxons, as being A Brothers, observed the same thing, living, in old time, by Customes, without Written Laws. Which agrees with Tacitus, as before cited.

But more particularly of the Saxons: after their coming hither,The Saxons u­sed only their own Customs they brought out of Germany. Selden affirms expresly, that they received not the Caesarean ▪ or any other Law, but onely used their own Customes, which they brought with them out of Germany. Dissert. ad Flet. c. 7. p. 505. And when any Nation or People began to be more Civilized, and to Write their B Laws, they were but the Customes they had constantly used, unless the rude and barbarous Traditions and Customes of the Pagans, were by the first or antient Christian Kings altered, or abolished. Linden­brog. prologomen. in cod. leg. Antiquarum, and more particularly Gry­phiander, De Weich­bild. Saxon. c. 37. n. 4. Laws increas­ed with Civi­lity. concerning the Saxons, from Crant. lib. 2. c. 21. when as by time Civility increased in the Saxon Nation, the observation of Laws also increased; Thence it was that those things, which by long use had been approved, were at length reduced into a Code or C Book; which unwritten Traditions and Ʋsages I shall not prosecute, as being the same with the Written Laws of the Germans, which are more antient then any I find of the English Saxons in this Na­tion.

The first of the Saxons here that I have met with, are those of Ethelbert, mentioned by Bede, lib. 2. c. 5. fol. 120. which he says,Ethelbert K. of Kent gives Laws after the Example of the Romans. according to the example of the Romans, he made by the Counsel, or D Advice of his Wise Men, and that they were Written in the English Tongue, and observed in his time.

I confess these Laws I have not seen: but they are noted by the Laborious and Learned Dugdale, in his Origin. Jurisd. c. 22. but there cannot probably be much in them (if any thing at all) more then is in our Saxon Lawes, published by Lambard. For Allured, in the Preface to his Laws, says, That by the Advice of his Wise Men, he Collected what ever was worth notice, out of the Laws of Ethel­bert, E 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 F 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 German [Page 60] and French Laws were Composed, or reduced into Writing. As they are publish'd by Lindenbrogius, in his Code of Antient Laws; the first was the (a) Salic Law, dictated to the (b) Francs by Four a. b. 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,A here onely he intends they should be made more publick. 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.

B

Next follow the Alaman, Boioarian, or Bavarian, and Ripuarian c. (c) 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 reduc'd into Method. or Theiri, King of Austrasiae, Almaniae, &c. 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 German Peo­ple, were reduced into some sort of Method by Euricus, or Euridicus, C 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 d. this time the Laws of the (d) Longobards, which were known by Use and Memory only:The Longo­bards or Lom­bards 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 Lombards came into Italy. Pau­lus D 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 [Page 61] 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 Arch-Bishop of Sens, Trithemius, p. 120. in the Thirteenth year of the Reign of Ludovicus Pius, and his Son Lotharius, An. Dom. A 827. as he found them dispersed here and there, in diverse Mem­branes, or Parchments, as he sayes 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 B nothing more then 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 chiefly out of the Archives of the Metropolitical Church of Ments, whereunto he belonged; And as he notes, some Chapters are to be found double C or treble, and some the same with those Collected by Ansegise, be­cause he found them in diverse 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 German Constitutions, and were so, because made by diverse Emperors, Kings, and Governors, with their Coun­cils, at diverse times, and in diverse Countries, according to their D several Usages, and are published as they were found; nor was there ever, that I find, an intire 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 Capitula­rie 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 E faciant: Et quando componunt, juxta legem ipsius cujus ma­lum fecerint, componant, & Longobardos 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 F 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 [Page 62] 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 Judgments or Decisions of Controversies, yet permitted Men to Read them for Equity sake, and to better their Ʋnderstanding, though A 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 & Ludov. lib. 6. Tit. 269. Thus having shewn the Origin, or Time when our Saxon and the German Laws B 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 Germans, 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 Judg­ment of the Legislators, and the exigency of different cases. The C Matter,Our Saxon-Laws are to be found a­mongst the old German 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 German Laws.

The English and German Laws for Murther the same.Their Lawes for punishing Manslaughter, and Murther, 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.D cum Antavo. c. 5. Senatus consult. de Montic. Walliae. c. 5. The same are to be found amongst the German 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 German 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 E German-Laws, Man-killing is called Mordritum, in others Mordrido, or Mortando, Mordrum used in the German 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 German, Ermorden, or Morden, to kill a Man basely and privily as Thieves use to do. Herman. Comit. Nuenarii, Exposit. verb. ante Egginhart. Ll. Christin. Tit. 20. §. 2. Siquis hominem occiderit & ab­sconderit F 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 Wer-gild, 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 setled [Page 63] and named in both the English-Saxon, and German 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 menti­on'd; A 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 shew the agreement of the English and German Laws, in punishing Theft, In­jury, Trespasses, Strikings, Maiming, or Maihening, Wounding, Blood­shed, B Dismembring, &c.

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 German Saxon Law it was Death to steal a Horse, or any thing by Night or by Day to the value of Three Shillings, Tit. C 4. Slanders, Defamations, Miscalling, punished by Mulcts,Slanders and Defamations how Punished. Blood-shed, Striking, and Fighting, &c. how punished. Trespasses, how Punished. Ll. Sal. Tit. 32. per totum. For Bloodshed, Striking, Mayming, Wounding, Dismembring, &c. 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. A­lam. Tit. 81. Ll. Longobard. lib. 1. Tit. 17. §. 1. in ours Ll. Canut. c. D 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 entring upon, and taking a­way another Mans Estate, was Restituti­on and Punish­ment. Theoderic. began his Reign An. 495. Taking away another Mans 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 anothers Goods E 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 deteining other Mens Goods, was in these Ages reputed a sort of theft, and the Law was accordingly.

These Mulcts were paid in Cattel, and other Goods valued at a certain rate, both here and in Germany, Ll. Alured. c. 10. Ll. Saxon. F Tit. 18.

The Rates how the Germans valued their Good, do here follow, as expressed in their Laws.

[Page 64] 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-Cattel, and Grain. majori solido aliae compositiones, minori homicidia componun­tur: Westfalaiorum & Angrariorum, & Ostfalaiorum solidus est secalis * 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 two-fold Shilling, one of two Tremis­ses,A or Thirds (that is eight pence) which is a yearling Steer of 12 Moneths; the other Shilling of Three Tremisses, or three thirds (which was Twelve pence) that is,Solid. 12. de­na. capit. lib. 8. a Steer 16 Moneths 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 * 30 Scheffils of Rie, 40 of Bar­ley, and 60 of Oates. A Steer 4 years old 2 Shillings, 2 Plough-Steers 5 Shillings, a good Oxe 3 Shillings, a Cow with her Calfe B 2 Shillings and halfe. 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 Armes. 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 C 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. Armor for the Thighs for 6 s. a D 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 en­tred into Ser­vitude. An Insolvent Servant, or Slave, was Whipt, &c.If a Freeman had not wherewithal to satisfie, he entred 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 Whipt, Cudgelled, or Beaten, with so many lashes, blowes, and stripes, as the Law direct­ed,E Ll. Inae. c. 49. Faedus Ed. and Guthrini, c. 7, 8. Ll. Ethelstani, c. 19. and in the German 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 Judges 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 F 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, [Page 65] 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 Judgment. 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.

A

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) Ordeal. (b) Oath, a. b. [Page 66] and (c) Battel, 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. Gavelk. fol. 112. Somner sayes, There were but two sorts of Tenures here in the Saxons times before the Conquest. Ll. Ed. Sen. c. ll. Bockland, and Folkland, to which two all other sorts of Land might be reduc'd.A Bockland, as Gloss. in verbo. Terrâ ex Scripto. Bockland and Folkland, What? Lambert sayes, 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, Rustick's, Colon's, or Clowns; In those times these Writings Spelm. Concil. fol. 319 A [...]. 800. Con­cil. Clovisho. c. 2, 3, 6. were called in Latin, Libelli terra­rum, Landboc's, and Telligraphia, and Livery and Seizin was then made and given, by Somner ut supra, p. 12, 13. delivery of a Turfe taken from the Land B with the Writings. This Bockland could not be alienated without [Page 67] Somner ut supra, p. 12, 13. the Kings consent; it was a Royal Prerogative in the King on­ly to grant it, and it was forfeited also to the 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 then it could not be sold or dis­posed of from the Ll. Alu­red. c. 37. Bockland and Allodium. nearest Kindred. This Bockland was of the A same nature with Allodium in Doomesday, holden without any pay­ments, nor chargeable with Services to any Lord or Seigniory; 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 Doomesday. Somner Gavelkind, p. 120, 121, 122, &c. 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 B 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, &c. And not C 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 faire 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 D place where they lay, and might be confiscated, Confiscation being an Appendant, or fruit of Jurisdiction, and therefore 'tis added here in Feodality, to shew, it was exempt onely 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 Diocess 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 E of the People under his Jurisdiction in Normandy might translate themselves into Kent, and bring those Customs with them.

But besides these two,Saxon Te­nures. 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 Demeasnes, which he kept in his F own hands, and Neatland, which is called Ʋtland, or Outland, Utland, or Outland. in Lamb. peramb. Kent. p. 495.1 Edit. Spelm. Gloss. in verb. Byrthrics Will; Terra Villanorum, and was let out to Country-Men, or Villagers, aegder of Thegnes inland ge of Neatland, either of the Lords or Thanes Inland, or Demeasnes, or the Country-Mans, Villagers, or Villans Land, Gafolland, Neatland, and Ʋtland, as Mr. Gavelk. p. 14.115. Spelm. Gloss. in verbo. Somner truly informs us, were opposed to Inland, or Demeasne Lands, and were Lands granted out for Rent, or Service, or both, [Page 68] 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 Neates, and Geneates, Drudges, Villanes, or Villagers. These three Saxon words being almost of the same signification, though very different in sound, were always applied to the ordinary sort of People, called by us Folke at this day.A

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 B of Provinces, Counties, or Towns, for which see Selden's Titles of Honor, Part. 2. c. 5. n. 3, 4. and that there were such Lands, as well in the hands of the Lower sort of the Nobless and Gentlemen, as of the greater Noblemen, is further clear, by undeniable testimony from the Saxon Laws, and Doomesday, * That yle man haebbe aet thaer Sylh Twegen pel gehorsaede men, Ll. Aethelstan, c. 16. Every Man for a Plough shall have two well-furnished Horsemen: They who were to find these Men had the Land given them for that pur­pose,C for 'tis not to be thought, that a Country-Man that paid a. any considerable Rent could do it. If a (a) Sithcund-Man refused his Service in the Army, or a Military Expedition, he Forfeited his Land, &c. Ll. Inae. c. 52.

Now we do not read of Land any where forfeited in such case, unless it be Feudal Land, and such as was given by a great Person, Lord, or Signior to his Vassal, or Feudatarie, for the performance of D the Military Service agreed on between them. Again, if any Man was killed, fighting in Battel, by, or in the presence of his Lord, or Patron, his Heirs succeeded in Lands and Goods, without paying an (c) [Page 69] Heregeat, or Heriot. Ll. Canut. c. 75. which word Heregate, or He­riot, Brompton expounds by Relevatio, a Reliefe, col. 931. and so like­wise it is turned in Edward the Confessor's Laws, where we have this very Law, cap. 35. Tit. de Heretochiis. And these Heregeats, Heriot and Reliefe the same. or He­reots, Ll. Canut. c. 69. were certain Arguments of Feudal Lands, or Tenures in Military, or Knights-Service. They being due to the Lord or Patron, upon the death of his Vassal; and besides Horses and A Money, consisted in certain Warlike Instruments and Furniture, given up, and brought into the Lords Armory, there to remain for his use and defence when there was occasion.An Earls He­riot. The Earls Heregeat was 8 Horses, 4 Sadled, 4 Ʋnsadled, 4 Helmets, 4 Coates of Maile, 8 Spears, as many Sheilds, 4 Swords, and 200 Marks in Gold; which payment in Money I take to be the Reliefe rather for the Earldom, that differing from the Heriot, or Heregeat, as Sir Hen. Spelman, Mr. Somner, and others do, in their Interpretation of those words, tell B us.

The Heregeates, or Military preparations of the King's Thanes, or Barons, Middle Thanes, and Lower Thanes, all Military Men of in­ferior degrees, follow in proportionable order, for which see the Law above-mention'd.

From these we proceed to the Laws of Edward the Confessor, in C which (if their Credit be as great as their Fame) the Tenures by Knights, or Military-Service is fully and clearly set forth and descri­bed, Ll. 35. Tit. De Greve. All Freemen of the whole Kingdom, according to their Estates, Goods, and Possessions, and according to their Fees and Tenements ought to have Arms, and keep them ready for the defence of the Kingdom, and Service of their Lords, as the King shall command.

D 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, E were Feudal Lands, holden in Military-Service, and not Deviseable without his Lord, or Patrons consent. In Doomesday 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, &c. 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, F a liberty and priviledge 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 Seigneurie, 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 Te­nures were, and are, and what the Obligations, Stipulations, or [Page 70] Necessitude between Lord and Vassal, Patron and Feudatarie; 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. Doomesday Beroscire Wallingford Tainus A vel Miles Regis Dominicus, &c. a Thane, or one of the Kings Knights dying, the King had all his Arms, one Horse with a Saddle, and another without, &c. 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 Doomesday Book, that prove Military Service, Warwicscire, Tit. Terra comitis de Mellent in Patelawe B 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 Doomesday, in Edward the Confessor's time.C

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 Doomes­day, to have held whole Towns and Maners before the Conquest were all Milites, and those in other Counties also that held whole Towns and Maners, though they were no where so many, as in these, they were entred thus, Cestrescire Atiscros Hund. Rob. de Roe­lent,D 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 eis, Al­fric & Otro tenuêre pro duobus Maneriis ipsi Teini erant liberi, and so E very frequently in that County. Hereford-scire 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 Mannors, T.R.E. are often mentioned with this F 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 [Page 71] Assize upon a Writ of Right. Glanvil lib. 2. c. 11. lib. 9. c. 7. and those Jurors were always liberi homines or Free-men.

Military Service was always called liberum Servitium, Liberi homines always served on Juries. Military Ser­vice called Free-Service. Tenures. Free-Ser­vice, ib. lib. 12. c. 3. And in other Nations, in these Ancient times, all Tenures were esteemed base and ignoble, except Military Tenures, which were reputed Free and Noble. From this Survey we may A 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 Tenures.

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 Rent, or censual Land, it is as old as Propriety, and there­fore in Germany as well as in other Countries; for all men could not B 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 De Mor. Germ. c. 25. Tacitus frumenti modum Dominus aut pecoris aut vestis colono injungit. The Lord injoyns his Colon, Clown, Bore, or Rustick, to pay him a certain quantity of Grain, Cattel, or Cloaths, &c. 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 C Land, which the English Saxons called Bock-land, it may be as antient as Gafoland; however we find it in the German 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 antient 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 D 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 War-like 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 E Feudal Lands, ibidem Tit. 13. libero homini licet haereditatem suam cui voluerit tradere. A Free-man may dispose of his Inheritance to whom he will, Ll. Salic. Tit. 62. de 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, &c. §. 1, 2.Courtesie of England brought from Germany. Si quae mulier quae haereditatem paternam habet post nuptum praegnans F 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. [Page 72] That is, if any Woman which hath a paternal Inheritance, after marriage bring forth a Child, and dyes in Child-birth, 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 Mothers 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, then his Father had liberty to defend his Title by Law. But if other­wise,A he may obtain it whose propriety it is. This certainly is that which we call the Courtesie of England, and which the Lawyers call Lex Angliae; and Littleton in his Tenures, 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 Te­nures from Germany.We shall now further enquire after the Feudal Land and Tenures B amongst the German Nations, to whom De Jur. Belli & pacis lib. 1. c. 3. §. 23. n. 1. Grotius says they were proper, and that they were no where to be found, unless where the Germans placed themselves, but besides this Testimony of Gro­tius, they are often found mentioned in the German Laws, by the name of Beneficia, which as 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. C 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, &c. All Bishops, Abbats, Abbesses, great Men, Earls, or Domesticks, and all Vassals that have Royal Fees, as well of Church Lands, as of others, shall maintain their own Families, and such as D belong to them, upon, or with their own Fees, &c. 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 publick 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 E constituti, are to be found in most of the German Laws. Now 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 antient 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. De feud. disput. l. 871. and F usages, and not written until the time of Frederick the First, Anno Domini 1158. Radev. invitâ Fred. 1mi lib. 2. c. 7. n. 30. Yet some­what before this time, there is extant a notable Feudal Constitution of Conradus Salicus (who 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. [Page 73] Conradus Dei Gratia Romanorum Imperator, &c. 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, &c. Conrad, by the Grace of God, Emperor of the Romans. We command and firmly injoyn, that no Miles, (Knight or Horse-man) of Bishops, Abbats, Abesses, Marquesses, or A Earls, or of any which hold or have held a Benefice or Fee of our publick Lands, or the Farms of the Church, or have unjustly lost them, as well our great Valvasores or Feudataries as their. 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 judgment of his Pares, Peers, &c. That their Sons and Grand-children should succeed in their Fees, observing the antient Custom of giving their Horses and Arms, upon every Succession, to their Lords or Patrons. B 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 Arch-bishops, Dukes, Marquesses, Counts, Palatines, and the rest of the Nobility, for restraining Vas­sals from aliening and embezling 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. Gryph. de Weickbild Saxon. c. 42. n. 12▪ 13. These Fees, although they C received another Form under Charles the Great, and in Germany un­der Conrad the First, yet their Original is not to be attributed to them; and being much more Antient, of right belongs to the Longo­bards. But whither their Origin was from the Longobards, or not, certain it is, these Tenures and Lands were amongst the Franc's a German-people in France, some Centuries of years before Charle­magne; for Clotharius by his Edict. Vales. rerum Francicar. Tom. 3. fol. 7. Anno Domini 615.15o Calend. Novemb. 31o Regni sui Parisiis, confirms to all persons their Bene­ficia D or Fees, which had been granted to them by his Predecessors or himself.

It appeareth further, for the Antiquity of Feudal Customs. Ib. fol 254. Anno 668. The noble Franc's marri­ed not their Daughters without the Kings consent. That the Noble-men 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 Ib. Tom. 2. fol. 6. Anno Domini 565. Their Children were educated in the Kings Court. Franc's to send their Children, when grown up, to the Kings Court, and to Noble-men, to be edu­cated E in liberal Arts and War-like Exercises. This, without question, was a feudal Custom, and by this way of Education, the Prince had two Advantages, as our Ib. fol. 438. Author observes, first that these young men were Pledges of their Fathers Fidelity towards them, and then that the Nobility were accustomed to their Kings in their tender years, and learnt how to revere and love them, as their Parents in whose Court they had been educated.

F 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 publick 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 [Page 74] publick Offices and Ecclesiasticks. 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, &c. Take one instance for a thousand▪ A 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 xix. Bordarii modo xxx. Tunc xx. Servi, modo xx11. &c. of their Tenures 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 antient Ger­mans B had their Provincial, or County Placita, Malls or Conventions for doing of Justice, and they were held twice in the year, Ll. hu­man. Edgar. c. 5. or oftner, leges polit. Canut. c. 17. So Capit. Car. l. 7. c. 96.Twice in a year Ʋt ad (d) Mallum venire nemo tardat, unum circa aestatem, alterum d. 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 C 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 sate in the County Court.And as by those Laws of Edgar and Cnute, the Bishop of the Diocess, 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 German Malls or general Placita, Addit. 2. Car. ad Ll.D Boioar. c. 10. Ll. Longobard. lib. 2. Tit. 53. or 54. c. 1. These County Courts are much like the Sheriffs turns, which were duely 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 E in the beginning of every month, or every fifteen days, to enquire into matters,Infra illum Comitatum. so as Peace may be in the Province, and all Free-men shall meet at the appointed days which shall reside within the County whither they be the Kings Vassals or the Dukes, all shall come to [Page 75] these Meetings, and he that neglects to come, shall be punished fif­teen shillings. So it was here in the Saxons time Doomesday in the Customs of Arcenfield in Hereford-shire. Si vice-comes evocet eos ad Sciremote, meliores ex eis 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 & hi erant de hominibus A(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 Doomesday, 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 B cited, Ll. Ethelred c. 4. & leg. polit. Canut. c. 16. So had the old Ger­mans, Ll. Alaman. Tit. 36. §. 1. Conventus, &c. let the Meeting or Gemote, according to antient 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) night when (f) the Peace is not e. f. well kept, but when the Peace shall be better kept, then the Hun­dred Meeting shall be every fourteen nights. Every Free-man C 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 German 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 D 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, Burghs, 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 E Major, Bayliff, or Alderman; if the Cause were such as the Sculdais 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 shewn, 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 Praefat. in Auth. decem. fol. 43. Sel­den F confesseth he could never find them. Some Conjectures I shall [Page 76] make, what was done here, and shew the proceedings 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 Judgment. The 12 men mentioned in the Saxon Laws, were no Jury-men, 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 A commonly taken to be Jurors or Jury-men, and the other twelve mentioned in Lamb. fol. 94. Senatus consulto de Montic. Wall. Six Welch, six English, are taken to be a Jury, ex medietate linguae, to try the Welch 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, B were no other but Judges, or Assessors with the Hundredary, Reve, or Praepositus; and sworn with him to do every man right, and were g. h. the same with the (g) Rachinburgii and (h) 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,C when the Question was about a mans Liberty or Freedom, as whether he was a Free-man or not, or when the Controversie was, con­cerning an Inheritance; in all other cases the Earl or Comes distrained them, and the proceeding was by The word Di­stringere, in the old German Law is used as in ours, to force men to appear in Court, or give satisfacti­on by taking a Distress. Distringas from the Comes after Summons, (a method used this day in many, if not all of our County and Hundred Courts in this Nation) and if after the second Summons they appeared not, all their Goods were seized, Ll. Longob. lib. 2. Tit. 43. c. 2.4. Ll. Boioar. Tit. 6. Also qui ad Mallum legibus manni­tus D fuerit & non venerit si eum Sunnis (i) non detinuerit, sol. 15. cul­pabilis i. judicetur, &c. If any man, according to Law, was summon­ed to the Mall, and came not; if he had no excuse or impediment he was punished fifteen shillings, so the second, and so the third time; the fourth time he was in contempt, and his Possessions were seized until he appeared and gave satisfaction in the matter for which he was summoned, and if he had no propriety of his own, his Fee, if E [Page 77] he had one, was seized. The first Summons was upon a weeks no­tice, the second a fourteenights, the third three weeks, and the fourth 42 nights, or six weeks. The Summons was thus made, he that summoneth another man, went to his House with Witnesses,How Summons were made. and summoned him in his own Person, but if he found him not, he gave his Wife notice, or any of his Family, that they should tell him he was summoned, which was sufficient, Ll. Salic. Tit. 1. §. 3. A 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 Arch. p. 64 65. thinks their proceeding in Judgment was de plano, and without Solemnity; they used, for ought he could observe, not to call the parties by writ or writing, but sent for them by certain Messengers or Ministers, such as we B from the Normans call Serjeants, 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 Burgers of Thetford, by which he willed and commanded, that Aethelstane Abbat of Ramesey, should have his House or Farm in Thetford in Norfolk, as fully and freely, &c. C But this seems to be of a later date, and made after the Norman mode by the stile of it, and put in here to secure the Title.

Though we have no clear examples of the Process and Judgments here in the English Saxon times, yet we find some very antient a­mongst the Germans, by which we may receive some light perhaps, how they proceeded in this Nation. Appendix The Form of a Judgment in old Germany. One Hrothelm comes to the publick Mall, for the hearing of all Causes holden by Humfrid D Earl of Rhaetia, in his Court in the Fields, the Seventh year of the Empire of Charles the Great, Anno Dom. 807. or there abouts, com­plains to the Comes, and claims a House unjustly with-held from him. The Earl calling together the Witnesses, which were of the very Country where the House was, and charged them upon their Oath, that they should speak the truth, what they knew in that cause. And they said they knew the bounds of the House, and the ground that one Mado had bordering upon it, and they set out the E bounds of the Houses and Land, what belonged to Hrothelm, and what to Mado, then he commanded them to go upon the place and shew the bounds, which they did, and fixed the bounds between the two dwellings, as they had said, and the Earl directed many Nobles, there present, to go with them. This being done, the Comes asked the Scabins what they would Judge in that Cause, and they said, according to the Testimony of those men, and his Inqui­sition, and Judgment was given accordingly. These are the Names F of the Witnesses or Jurors, Valeriano, Burgolfo, Ʋrsone, Stefano, Ma­jornio, Valerio, Leontio, Victore, Maurestone, Frontiano, Florentio, Siptone, Valentiano, Quintello, Stradaris. These are the Names of the Scabins, Flavino, Orcisino, Odmaro, Alexandro, Eusebio, Maurentio, and very many others.N. 1, 2, 3, 4, 5. in append. See the Judgment its self in barbarous pro­vincial Latin.

[Page 78]And that these Testes were the same we call Jurors or Jury-men, is evident from the Laws of the Longob. lib. 2. Tit. 51. de Testibus. The best persons in every Territory or City against which there was no Crime,Testes and Ju­rors the same. In pago vel ci­vitate. What sort of men the Testes were to be. were to be Witnesses, c. 3. The Comes or Judges were to admit none of ill Fame in their Country to be Witnesses, c. 7. Witnesses not to be of any other County (nisi de illo comitatu) where the things in Controversie were, because it was presumed none could know better the State and Condition of a man, whether Free A or a Slave; or the Possession of any man, better than their neigh­bours, such as were nearest them, c. 11. Such Free-men only as had a Propriety of their own, were admitted to be Witnesses, and not Tenents, or such as resided upon their Lords Lands, and had no Pro­priety of their own, yet such might be Conjurators of other Free-men, because they were Free-men, c. 15. Capit. Car. & Ludov. lib. 5. c. 150. Now let any man consider these qualifications of their Wit­nesses, and he must think them the same with our ancient Jurors or B Jury-men in England; for Witnesses in private Causes between man and man, could not be capable of these circumstances; and that in all probability Jurors were used all old Germany over, before we had them here: And also that the twelve Thanes mentioned in King Edgar's Law, were Scabins, inferior Judges and Assessors with the Aldermen, and not Jurors. Somewhat like our Justices of Peace at our Assizes.

C

Before the Conquest, and at the time of making the Survey on Doomesday-books, the Jurors here, were also called Witnesses, Ll. Canut. polit. c. 76. he that hath defended or secured his Land by the Testimony or witness of the County, be Scire Gewitness, and in Doomesday the Verdict of the Jury is often called the Testimony or witness of the County or Hundred, Clamores de Eurwicscire North Treding homines qui Juraverunt Testantur quod Terr. Haward. in Eur­wicscire tenuit Ws. Mallet, &c. de omni Terrâ Asae testantur quod D Roberti Mallet debet esse. Clamores in North Tredinge Lin­colniae Testatur Wapentach. & totus comitatus, quod Episcopus Dunelm. debet habere, &c. 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 Doomesday, evere where the Hun­dred witnesseth or testifieth this, the Wapentach witnesseth or testi­fieth this, or the County witnesseth or testifies this or that, which E 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, 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, F 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.

[Page 79]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 Kings 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 rigor of the Law mitigated by the Conscience of the Prince, the A 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 publick Malls 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. dere Di­plomatica, lib. 1. c. 2. In their publick Malls, 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 B 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, Somners 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 Morgages likewise, C or how should the Hundred or County present before the Commissio­ners for making the Conquerors Survey, that such and such Lands were morgaged, 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 Doomesday 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 antient Deeds, which were commonly D 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, &c. 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.

E As there was an agreeableness in their Laws and Courts, The German 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 German 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 Governour 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, F 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 [Page 80] 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 Seignior, which in the 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 its more than probable, that seeing most of the degrees of Nobility, and men of Power were expressed A by this word Ealderman in the Saxon times, that it was much used here in the same sence that Seignior 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 meer ministerial Officers.

B

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, Duces, and Comites. The chief of which were the Kings, Sel [...] Tit. Hon. [...]. 507, 508, 515. Personal. Feudal Thanes, or Tenents in (k) grand Serjeanty, or Knights Service in chief. These had large Possessions for their personal Services, had honorary Dignity, and k. were part of the greater Nobility of those times, and were com­monly C named and mentioned in the Saxon 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 antient 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 Ibid. fol. 518, 519. Feu­dal Thanes, or such as held of the King in chief by Military-Service,D 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 German Laws, for a Person of absolute Power,E 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 German Gawe or Gograve, Land­grave, F [Page 81] Burgrave, Marchgrave, and Gravia in Barbarous Latin for Comitatus, in Saxon and German Graffscaft And as Comes often sig­nified a Judge, as he did preside in giving judgment; so Witch-bild. Saxon. Gryph. c. 61. n. 10. Judges in the ancient Saxon-language were called * Graven.

These Dignities of Dux and Comes, Duke and Earl or Count were translated from the old Roman to the German Empire; being found A in the Constitutions of Emperors, and other Writers before the Goths and Lombards over-ran 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.

B

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 Grand-children, &c. 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 C did not then belong to the Heirs of Dukes and Earls, &c. The first was Hugh Capet was anointed July 30. 9 [...]7. and died 22. Nov. 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. D Earldoms or Counties were here given and revoked at the Kings pleasure, for he accusing his Earls and Governors of Provinces, which they had received of his Gift, of Ignorance, threatned 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 E 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 F [Page 82] Profits of the Shires, and of the Mulcts, and Forfeitures, as every where may be seen in Doomesday, in the time of Edward the Con­fessor.The third part of the Profits, &c. due to the Earl. For the third Penny of Forfeitures, take one instance for many in the Customs of Chester, Tit. Cestre-shire; if any one brook the Peace that was granted by the Earl at the Kings 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,A 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, &c. 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.

B

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) Edlingi, (m) Frilingi, (n) Frilazi, l. m. n. & Lazzi. Nobiles, ingenui Libertini, or (o) Manumissi, & Servi; o. Noble-men, Free-men, 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 C 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, Ecclesiastick 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 Houshold-stuff, at the death of the D Master of the Family, to many Abbats, who by the liberality of the [Page 83] 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, &c. The Free-men most commonly called Freoh, the Servants or Slaves Theows or Thowes. Dowes, and the manumitted Slave or Servant Freoman. Freot mon, a freed-man, or man made Free. A Somners 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, &c. And without doubt many there were of the Liberts, or such as were made Free, seeing no B body would be a Slave or Servant that could procure his Free­dom.

The German 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 Free-men of ordinary condition, had C their Lords or Patrons, and were not absolutely or independently free to do what they would, Ll. Inae. c. 3. If a Servant, Drudge,Free-men had their Lords and Patrons in old England. or Slave work upon a Sunday by his Lords command, let him be Free. If a Free-man works the same day without his Lords command, he shall lose his Freedom or sixty Shillings.Free-men had their Patrons in old Germany. And in several places of these Laws, Free-man and Lord are mentioned as relatives; and so it was in old Saxony, that Free-men were under the Protection of Noble-men, Ll. Saxon. c. 16. Liber homo D qui sub tutelâ nobilis cujuslibet erat qui jam in exilium missus, si haereditatem suam necessitate coactus, vendere voluerit, Tutori suo of­ferat. If a Free-man 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 Free-man in Germany. The State and con­dition of an ordinary Free-man in Germany, seems chiefly to re­late to his works or labor. By which we may take notice of E 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 Free-man 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 labor, which a Servant, Villain, or Slave could not do.Saxon Free-men were con­stantly bound to their good be­haviour. Nor were the F English Saxon Free-men 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 [Page 84] (p) 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 p. 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.

A

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. Hist. Croy­land. fol. 595. b Lo [...]d. Ed. Ingulph was mistaken when he fixed it upon this Alfred, who began his 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 Sommerset-shire, 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.B

The manner of making the En­glish Saxon Laws and Ger­man 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 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. Praesat. vel Tit. ad Ll. Ala­man. Laws were made or renewed in the time of King Clo­tharius, C 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 D 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 Arch-bishops, 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,E Counts, or Prefects, lib. 5. Capit. Car. & Lud. c. 2, 3. The Salic Laws [Page 85] were made in Praefat. ad Ll. Salic. The English Saxon Laws how made. Mallo, in the publick Convention, and were by Charlemaign caused to be written Anno Dom. 798. The manner of making our English Saxon Laws, exactly answers this, Lamb. in Ll Saxon. And Tham yl­derstan Witan Miare Theod. Ina King of the West-Saxons, 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 A or Eldest (q) 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 q. 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 B 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, C 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 D Law, as may be seen in the Preface of his Laws before cited, that is, the East-Angle Law, which was in all probability most Danish at that time.

[Page 86]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 Adelm. an [...]al. An. 7 [...]8. forced, and by which he entred Saxony, after a stout defence the Saxons made upon it, to keep him out of their Country. And that also, called 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 Dutchy of Sleswick, from the River Sley on A 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 Fol. 3. [...]. 30 King Alfred, calls (r) Vallum, and says, that between the r. Brittains and Mercians, it reached from Sea to Sea. Britan. fol. 478. Rad­nor-shire. Cambden tells us, this Ditch was made by Offa King of Mercia, as a Boundary B and Defence of his Kingdom of Mercia from the Britains; that it was in length from the mouth of the River Dee, to the mouth of the River Wye above 90 Miles, and that Harold made a Law, that what­ever Welch-man was found on the English side of it with a Weapon, should have his right hand cut off. Speed in his general Description of Wales, says it began at Basinguerke in Flint-shire, and passed to the South-Sea near Bristol, in length about a hundred Miles; and that the Country between this Ditch, and the Rivers Dee and Wye, C 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 Cambd. Wilts. fol. 176. middle of Wiltshire, which was a Boundary of the West-Saxons Kingdom, and bank of defence against the Mercians.

In the East of England there are other Ditches, as the first and D great Ditch upon New-market Heath, Divels Ditch. called Divels-Ditch, about a Mile from the Town, it begins at Rech, a Town in Cambridge­shire, which standeth just upon the Fens, Morasses, or Bogs, and the Ditch passeth through that which is now the Street to the very Fens. And is extended over the Planes called New-market-Heath, about eight Miles to Wood-Ditton in a straight Line, where it endeth in Woods and Thickets, or in that Country which is at this day called the Wood-lands. The heighth of the Bank in many places is now E 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 F [Page 87] riseth sloping in heighth, and the breadth of the Ditch proportion­able. It begins in the Wood-lands at Balsham in Cambriage-shire, near a House and Farm called Godscroft, and is carried on not alto­gether in a straight Line about four Miles to Fulborn Town end, and from thence turns towards the two Towns of Wilbraham North­west, and ends upon the Fen or Boggy ground between Fulborn, Wil­braham, and Teversham, and begins again on the North-west side of A that Fen or Bog at Qui-Watering, and passeth along from thence through Fen-Ditton-street, to the River Grant, or the low grounds of Ditton, Chesterton, Malton, &c. then perhaps Fens or Bogs or drowned Lands.

All these Ditches were drawn and cast up either from and between several Waters, Rivers, Fens, and Woods,Ditches of De­fence, in what places usually cast up. or between Woods and Woods, for under the shelter and security of these, the English Saxons B 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 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 C 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 Whitsontide, and that is the reason the old German 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, D 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 Ec­clesiastick, 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 Alfreds, Ed­wards, E Edgar's, and Canute's Laws. Some whereof are cited in the second part of this History.

And it appears by the antient Laws of the German people, the Saxons, Franc's, English, Burgundians, Lombards, &c. and by the Capitularies of Charles the Great, and Lewis his Son, and by their an­tient Historians, that the like usage and Custom was in old Germany, and that theirs as well as our Princes, called these Synods, presided F 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 ought 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 then received and practised.

[Page 88]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 after-times the Ecclesiastical Laws and Rules made for the Government of it;No Incroach­ments upon Re­gal Authority, or Popes Le­gates here be­fore the Con­quest. nor were the Pope's Incroachments upon Regal A 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 Priviledges of several Mona­steries, and strengthen them (as the Founders in those ignorant B Ages thought) by their Benediction upon the Favorers, and Ana­thema's 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 Cursings.

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 Arch-bishoprick by Ecgfrid King of C 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 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 D Bede, who at the time of this Controversie was twenty years of Age, and a Monk in the Monastery of Weremouth in the Bishoprick of Duresme, but then, and not long before in the Diocess 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, Bede Eccl. fol 443. Anno Dom. 680. Wilfrid put from his Bishop­rick by Ecgfrid. Wil­frid was forced from his Bishoprick by King Ecgfrid; he appeals to E Rome, where in the presence of Pope Agatho, and many Bishops, by the judgment of them all, he had been accused without fault, and found worthy of his Bishoprick. But at his return, notwith­standing this Judgment, he was Ibidem fol. 292. kept out of his Bishoprick by King Ecgfrid: or as De gest. pontif. fol. 11 [...]. b. n. 50. Malmesbury hath it, both by the resistance of Ecgfrid, and Theodore Arch-bishop of Canterbury, who was a Greek sent from Rome, and made Arch-bishop by the Pope. This Wilfrid had his Education mostly at Rome, and in France, Ibidem fol. 148. a. n. 30 from whence F he returned into England with the French Elegancy or Fineness, and the Roman Pomp. And the Lux, Splendor, and Pomp he lived in, were his only Ibid. 149. a. n. 40. Crimes, if we believe that Author; and he says not plainly that he was thrust out of his Bishoprick, but that King Ecgfrid and Arch-bishop Theodore, He was not re­stored by the Pope. taking notice of his pom­pous way of living, Theodore thought the largeness of his Diocess, [Page 89] and profits of it, sufficient to maintain four Bishops; and therefore he ordained two other Bishops (for Ibidem fol. 111. b. n. he placed and displaced Bishops where he pleased) in that Diocess, and for this cause he ap­pealed to Rome.

After the death of Ecgfrid Bed. uti supra fol. 444. An. Dom. 686. in the second year of the Reign of (ſ) Alfrid his Son, Wilfrid received again his Bishoprick at the A King's Invitation; but after five years being accused by the King ſ. 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 Bi­shoprick. 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 falsly accused, insomuch that the Pope wrote to Alfrid, to restore him to his Bishoprick; Ib. fol. 447. Alfrid con­temns the Popes Letter, &c. 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, Ibidem. He was resto­red by a Synod after his death. by B a Synod called under his Son Osred.

Ibid. 446. A pretended Vi­sion help'd much towards his Re­stitution. A pretended Vision he had in his return out of Italy, much help'd 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, C 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 Priviledge of the Abbey of Medehamsted alias Peter­burgh. a Priviledge granted by Pope Agatho to the Abby of Medeshamstede now Peterburgh, wherein 'tis said, in the person of D Agatho, and as a Constitution of his, that the Abbat 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 hindred 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 Priviledge Sir Henry Spelman had out of a Saxon M. S. be­longing E sometimes to that Abby, which he hath translated,The Priviledge in the Saxon Tongue. and says he never saw the Latin Original. But now that is extant in Dug­dale's Vol. 1. fol. 66. And in Latin. Monasticon, and doth no way agree with the Saxon Pri­viledge; in this 'tis only said that the Bishop of the Diocess should not have any Prelatical Power over this Monastery, nor the Abbat 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 [Page 90] Subject. That all People of Brittain, and other near Nations, who being hindred 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, &c. Both these Priviledges, though very much different in Form, Matter, and their Attestations, or Witnessing, yet they bear date the same year Ibid. fol. 67 col. 2. Spelm. Concil. Tom. 1. fol. 266. One of them false. Both suspected. viz. 680. and are both said to be sent by Ibid. fol. 67 col. 2. Spelm. Concil. Tom. 1. fol. 266. One of them false. Both suspected. Archbishop Wilfrid from Rome, so A 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, Priviledges, and Charts, for advancing the Credit, Reputation, and Interest of their Monasteries, as appears by the Controversie between the Gervas. Dorob. col. [...]458. Archbishop and the Monks of St. Au­gustin's in Canterbury, Anno Domini 1181. near five hundred years B since, in which Controversie they produced two Schedules, or Charts before the Bishop of Durham, and Abbat of St. Albans, the one said to be the Priviledge of King Ethelbert; the other of Augustin their first Archbishop of Canterbury; both which for the reasons there al­ledged, were suspected not to be what they pretended they were, and therefore not allowed.

But if true, they prove not a Popes Legate here before the Conquest.But suppose the Latin Priviledge to be true, it makes nothing to C confirm the opinion that this Abbat 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 signifie 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 Priviledge, the Bishop was to respect the Abbat as a Roman Legate,D 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,E by threatning 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 Bi­shopricks, 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 F nominated or elected; amongst whom was Edulfe Bishop of Credi­ton in Devon-shire; which Bishoprick, 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 [Page 91] Church, he sent Lambert his Priest or Capellan, to sollicit 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 & A 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 Bi­shoprick 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 B 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 C 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) entred 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 D Reign, as the Story hath it in the first Volumn of the Fol 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, Priviledges, Epistles, &c. reserved in the Saxon Monasteries, were thought frau­dulent, and suspected by the Antients themselves: And that by the Observation of some Norman words, often to be found in them, the E accurate noteing of their Dates and Agreement of the years of our Sa­viour Christ, Kings Reigns, and Popes Sittings, they may be detected.

F

THE SECOND PART A OF THE Saxon History.

B THE Roman Empire sinking under its own weight,Vortigern alias Guortigern. A. D. 446. and not able to afford the Britains 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 Britains. and Devasta­tion from the Picts and Scots, Gildas c. 17. p. 39, 40. and the C 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 no where find) after which, for some time, they injoyed a happy Repose, not being much troubled with Invasions, and their D 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, &c.

E 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 F Britains; 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 Ruine of the Britains. Gildas passi­onately attributes the ruine of his Country.

[Page 94] 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) Saxons out of (b) Germany to their Aid,They call in the Saxons. who no sooner received the Invitation from the Britains by special Mes­sengers, a b. 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 A Brethren, Heugist and Horsa, in three Long-boats or Gallies, 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 favor from the King, and great affection of the People, by giving their Faith on both sides; the one part stipu­lated to defend the Britains 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.B

Here they were not long without Imployment, 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 encountred and overthrew.

Hengist and the Saxons taking notice of the Fertility of the Coun­try, the Easiness, Sloath, and Negligence of the People, send home to invite others to be sharers of their Future Success and Expectations,C 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) Angles, (d) Jutes, c. d. which with those that were here before, made up a compleat Army.

With them, and by design of Hengist, came over his most beauti­ful e. Daughter (e) 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 surprized and deeply smitten with the Elegancy and Beauty of D 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.

[Page 95]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 Brothers 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 A laden with Soldiers, with which, or some of them, they sail as far as the Orcades, 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 over-power the Britains, League first with the Scots, and upon pretence that B their Wages and Victuals were not answerable to their Service and Deserts, quarrel with the Britains, and threaten, that if they were not augmented, they would break Friendship with them,Gildas, c. 24, 55, 56. and wast their Country; and without delay they practised what they threat­ned,The horrid De­struction of the Britains, Ibid. every where destroying and spoiling the adjoyning 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 publick and private Buildings,Bede, l. 1. c. 15. the Stones of lofty Towers and C Holy Altars, with the Carcasses of the Priests serving at them, were confusedly hurled together in one mix'd Ruine, and consumed with Flames. Some afterwards of the miserable Remains of the Britains, 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, D though with aking and trembling hearts.

After this vast Destruction and Ruine,Gildas, c. 25, 26 these Cruel Spoilers re­turned home, and what were left of the miserable Britains, peeped out of their lurking places, and taking courage, and Embodying to­gether, put themselves under the Conduct of (f) Ambrosius Aurelius, The Britains under the con­duct of Ambro­sius 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, E and obtain a signal Victory; after this time the Event of War was doubtful, sometimes the Britains, sometimes the Saxons winning the Field, until the year of the Siege of Bathe, (forty years after the Saxons arrival) (g) when on Bannesdown the Britains overcame them with a mighty slaughter.

[Page 96] Vortigern. A. D. 445.The old Saxon Annals relate things otherwise, and that Hengist and Horsa fought against Vortigern at (h) 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 Britains at (i) Cre­ganford, h. where they killed four of their Chieftains or Princes, and from thence the Britains leaving Kent, Four Battels be­tween the Sax­ons and Bri­tains. A. D. 457. fled to London in great fear; eight years after they again fought the Britains nigh Wyppedsfleot, where there were twelve (k) Earls of the Britains slain, and the Sax­on i. Earl or Thane Wypped, who probably might give name to the A k. place. The last or fourth Battel was at a place not mentioned, where the Britains received such a Defeat,Twelve chief Britains, &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 Britains of­fended with Vortigern for marrying a Pagan Wife, and his compli­ance with the Saxons, deposed him and set up Vortimer or Guortimer B his Son, who in four Battels 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 C 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 D Nations;A. D. 461. who being mightily pleased with the pretence, appointed l. for the time May-day, and for the place some where near (l) 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 Falchions, which upon the (*) Watch-word given (that was Neme Eour Saxes) they drew out and killed every E man,Three or four hundred of the British Nobili­ty killed by Treachery. the next Britain, (m) 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 m. desired, and retired into Wales.

[Page 97] Malmsbury says, that Hengist invited his Son in Law,Vortigern, A. D. 461. with three hundred of his principal Britains, 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 Fighting, where the Britains 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 Britains. A sad Ruine and Desolation now A came upon the Britains, from these barbarous Enemies to Christia­nity, their Churches were every where levelled 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 mans Judgment, 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 B 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 Forreign Kings of Kent.
  • C 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
    • D 9 Lothar
    • 12
    • 10 Edric
    • 07
  • Christians
    • 11 Withred 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 E Sussex and Surrey, or at least, part of it; this was mostly under the Power of the Kings of Kent, and the West-Saxons, 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
F

It began Anno Domini 491. and ended about the year 600. and con­tinued about 109 years.

[Page 98] Vortigern, A. D. 519.The Third was the Kingdom of the West-Saxons, and contained Cornwall (where notwithstanding were part of the Remains of the Britains) Devonshire, The Third of the West-Sax­ons, 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 A
    • 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 B
    • 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 C Essex, Middlesex, and part of Hartfordshire: The Dates of the Kings 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 D
    • 10 Ossa
    • 11 Selred
    • 12 Swithred

It began Anno Domini 527. and ended 747. and continued 220. years.

EF

[Page 99]The Fifth was the Kingdom of Northumberland, A. D. 547. which contained Lancashire, Yorkshire, the Bishoprick of Dresm, Cumberland, West­morland, Northumberland, and part of Scotland, as far as Edinburgh, The Fifth of Northumber­land, A. D. 547. Frith; and had these Kings.

  • A 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
    • B 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, then 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 West-Saxons possessed himself of this Kingdom; yet there were some Reguli or petty C 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.

  • D Pagans
    • 1 Ʋffa 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

E It began Anno Domini 575. ended 793. and continued 218 years, when Ethelbert was slain by Offa, the Kingdom of the East-Angles was united to the Kingdom of the Mercians, yet St. Ed­mund reigned afterward, and was murthered by the Danes, A. D. 870.

F

[Page 100] 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.A
  • 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
      • 12Ceolulf 01
    • 13 Beornulf 03 B
    • 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.C 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 D of all People in the elder times, when it was Customary, without any ground or reason for them, to claim a Descent from some famed and great Hero.Bede l. 2. c. 5. But yet this Heptarchy became so established after­ward, that whosoever had most Power, was reputed King of the English, and Ethelbert King of Kent, at the time of his Death, com­manded over all those Countries, on the South-side of the River Humber, in whose time Redwald (afterwards King) was only Duke or Earl of the East-Angles, whatsoever is worth notice, (and that's E but little) during the Heptarchy, I shall relate collectively, or in Gross, only noting the Territory or place where things were trans­acted.

But before I pass to them, it may not be amiss to note that there were yet remaining in Wales, many Bishops, Abbots, Priests, Reli­gious Persons,Spel. con. fol. 62. A. D. 560. and Monasteries; and that Christianity flourished amongst the Britains there, and at the command and by the sole F Power of Oudoceus Bishop of Landaf, there were at that place three Synods called, wherein were excommunicated and cursed for Mur­thers,Three Welch Princes excom­municated by Oudoceus Bi­shop of Landaf, before Augu­stines coming. three petty Welch Kings and Princes, Mouric, Morcant, and Guidnerth, and compelled to make satisfaction by Fasting, Prayers, and Alms.

[Page 101]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, A prevailed with them to proceed, giving them also his commendatory Letters to all the Princes and Bishops through whose Territories and Diocesses they were to pass, that by them they might be kindly received, and their Design promoted.

They landed, passing through France, in the Isle of Tanet, Ethelbert King of Kent. Ethel­bert then being King of Kent, who at that time commanded all the Country, as far as the River Humber; it was a main advantage to B 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 sollicited to this undertaking by private Messengers sent to Rome. In what manner Augustin made his approach to Ethelbert, vid. Spel. conc. fol. 217. When Ethelbert was pleased to admit him, he made his approach, having a Silver Cross carried before him for a Banner, the Image of our Saviour C painted upon a Table, and with his Company, singing Litanies.

This the manner of the Address which Ethelbert received in the open Air, avoiding coming under any roof,Ibidem. He fears Witch­craft. fearing Fascination or Witchcraft, and that he might be deceived and overcome with ma­lefick Practises; the message delivered to him by Augustin, was eter­nal Life, and an endless Reign with the true and living God, and the word of life which he preached to him and all his Company.

D

Ethelbert answered that they brought fair Promises,His Answer. but because they were new and incertain, he could not assent to them, leaving those things which had so long time been observed by the English Nation, but because they were Strangers, coming from far Coun­tries to communicate unto him such things as they believed to be the best, and true, they should kindly receive all necessary accommo­dation; nor would he prohibit, but that they might joyn to the Faith E of their Religion, as many as they could by preaching.

He assigned them conveniency of Habitation in Canterbury his Me­tropolis,Ibid. c. 26. on the East side of which there was an old Church dedi­cated to St. Martin, built while the Romans were in Britain, in which Queen Berhta used often to pray; in this they began first to meet, to sing, pray, celebrate Mass, Preach and Baptize: here de­spising the World, they began to imitate the Apostolick Life of the F Primitive Church, by pious Conversation, fervent Prayer, frequent Fasting, constant Preaching, and often working Miracles, building and repairing Churches, so that much People, and at length the King himself (taken with their exemplary holy Lives) embraced the Christian Faith, and was baptized.Ibidem. Ethelbert would have none forced to Christianity. As Ethelbert freely became a Christian himself, so he would have none forced into Religion, having received from those that instructed him that the Service of [Page 102] Christ ought to be voluntary,Ethelbert King of Kent. A D. 597. The He [...]archy 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.A

Ibidem.First, How a Bishop should converse with his Clergy, and what m. shares (m) of the Oblations of the People should be divided amongst the Priests,Questions sent to Gregory by Augustin. &c.

To this he answered that it was the received Custom in the Church, and of the Apostolick See, to divide the Oblations into four shares or portions, one to the Bishop and his Family for Hospitality, ano­ther B 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 Mona­stick 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 imployment.C

The answer was, that such Clerks (which were the lesser Clerks, as Choristers, Sacrist, Acolyte, &c.) that were not in Orders, might marry if they could not contain; but yet they were to live under an Ecclesiastick Rule, &c.

The Third was, when as there is but one Faith, why were there several Customs in divers Churches, and why there was one Custom D 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 mans notice.

E

A. D. 601.Some years after, by reason of the great number of Converts gained every day,Mellitus, Ju­stus, &c. sent into England. he sent as assistants to him Mellitus, Justus, Paulinus, Ru­sinianus, and with them a (n) Pall, Vestments for the Altar, Sacerdotal [Page 103] Vestments, Books, Utensils,Ethelbert Eadbald. A. D. 602. The Heptarchy. &c. and power to ordain twelve Suf­fragan Bishops under him, and an Archbishop of York whom he pleased, when that City and the Country adjoyning 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.

A By the assistance of Ethelbert, in the Consines of the West-Saxons, Bede l 2. c. 2. Augustin pro­cures a Confe­rence with the Brittish Bi­shops, &c. and cannot perswade them to Ʋnity. Augustin obtained a Conference with the Brittish or Welch Bishops, and by brotherly admonition, perswaded them to a commune use of some Rites in the Roman Church, and endeavoured to perswade them to preach to the Pagan Saxons, but neither by Prayers, Perswasion, 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 B from the Prayers of the Brittish Priests,He procures a second Confe­rence. they consented to a se­cond Meeting and Conference, where were seven Brittish Bishops, and many learned men, especially out of the Monastery (called in the English Tongue) Bancornaburge, Ibidem. Dinooth Ab­bat of Bangor. whereof Dinooth was at that time Abbat; 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) Anachoret, whether they should follow the preaching of Augustin, o. and forsake their one Traditions, he directed they should imbrace or C 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 Brittish Bishops and Priests contra­dict Augustin, and refuse com­plyance. and although he desired their obedience and compliance in three things only, That is, D 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 E 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 Bishop­rick. and made it the Episcopal Seat for him and his Successors; he also at the same F time ordained Justus Bishop of Rochester in Kent.

[Page 104] 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. [...]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 Britains to some Conformity with him, especially in the Observation of Easter. Ethelbert gave his People Laws and Statutes, by the advice of his wise men, according to the example of the Ro­mans, A written in the Saxon Tongue, and observed in Bede's time, wherein his great care was, to punish such as had stoln any thing from Church or Church-men, thereby shewing how gratefully he received from them the Christian Faith.

Ethelbert and Sebert dead, their Sons re­vert to Paga­nism. A. D. 613. or 616. Ibid. c. 5. Mellitus and Justus go into France. Eadbald con­verted by Lau­rentius. The Londoners refuse Mellitus Ibid. c. 6.He and Sebert being dead, Eadbald the Son of Ethelbert, and the three Sons of Sebert, relapse into Paganism, from whom, and their People, after they had received many Affronts, and being without hope of their reduction to Christianity, M [...]llitus and Justus departed B 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 C 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 favor that he might take his Sister Edelburge to Wife, he answered that a Christian Virgin ought not to marry a Pagan: Ed­win receiving this answer, promised he would do nothing contrary to the Christian Faith which Edelburge professed, and that he would permit to her, and all that came with her, whether Men or Women,D 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 E Company with her, sound in the Christian Religion, and from be­ing polluted with Pagan Vanities. His further design was also, to bring off the whole Province whether he went, to the Christian Re­ligion; he laboured, but in vain, amongst the People, while their King remained Pagan, whom upon every occasion, he perswaded and allured to embrace the Christian Faith; yet he would not do it without mature deliberation,Ibid. c. 13. and the advice of his principal Friends and Counsellors, and having been first well instructed in Christi­anity F by Paulinus, he consulted his great men, and propounded the Reasons to them,The Northum­brians conver­ted. that happily might move them to the Christian Religion; they all complyed with him, and first of all Coifi his chief Priest, who also first of all offered to destroy the Altars and Temples of their Gods,Edwin and his Nobility bapti­zed by Pauli­nus. which he presently effected; and then Edwin, with all the Nobility of his Nation, and many of the common people, in [Page 105] the eleventh year of his Reign, were baptized;The Heptarchy. A. D. 628. after this vast num­bers of the vulgar flocked in every day to be instructed in Christian Religion, and to be baptized,Ibid. c. 14. the next Rivers serving instead of Fonts, which at that time they had not, nor were there then, very few, if any Churches built, unless one small one at York, which Ed­win caused to be built of Wood, for the Solemnity of his own Baptism, where he fixed Paulinus his Episcopal Seat; after the Conversion of A his own Nation, Edwin moved with much Devotion toward the Truth, endeavoured to perswade Eorpwald King of the East-Angles, Eorpwald King of the East-Angles receives Christianity. A. D. 632. Ibid c. 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, over-ruled by his Wife, to make sure of the right way, he erected in the same Temple, one Altar to Christ, and another to the Heathen Gods. Eorpwald being slain also not long after he became a Christian, his Province remained three years in their Errors, until B 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 C him, and with unwearied labour reconciled the whole Province to the Christian Profession, and placed his Episcopal Seat at the City (p) Domoc. p.

Honorius the Pope sent to Paulinus and Honorius then Archbishop of Canterbury, each of them a Pall, and Decretal Letters;Ibid. c. 18. The Archbishop of York and Canterbury have power to consecrate one another. A. D. 634. Bede l. 3. c. 1. &c. 3. Aidan sent for by Oswald. An. Dom. 637. wherein he gave Power, that if either the Archbishop of Canterbury or York should dye, the Survivor might ordain and consecrate another in his D place, without further trouble, or a tedious Journey to Rome.

After the death of Edwin, the Northumbrians fell from Christiani­ty, and were reconciled again in the Reign of King Oswald, by Aidan, who at his request was sent out of Scotland; he was a Bishop, and had his Seat in Holy Island or Lindisfarn.

About this time Byrinus sent by Pope Honorius, The West-Saxons con­verted. A. D. 637. Bede l. 3. c. 7. came to convert E the yet Pagan parts of Britain, and landing amongst the Gevisses, or West-Saxons, he prevailed with their King Cynigils to be baptized, to whom Oswald King of Northumberland was Godfather, and after­wards his Father in Law by Marriage of his Daughter; after his Conversion of the West-Saxons (q) both Kings gave him Dorchester in q. Oxfordshire for his Bishops Seat. But King Cenwalch divided his Na­tion into two Parishes or Paroches, and erected another Bishoprick at Winchester, where he placed Wine as Bishop.

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[Page 106] 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 Contro­v [...]rsie about East [...]r. Ibid. c. 25, 26. A. D. [...]64.The Question about the Observation of Easter, and some other A 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 joyns with Wilfrid. the Controversie was managed by Coleman a Scotch-man, Bi­shop of Holy-Island, and Wilfrid an English-man, and Abbat at a meeting of divers of both Judgments, at the Monastery of Strene­shalch B (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 C at Rome, Theodore Archbishop of Canterbury. A. D. 668. Ibid. c. 2. a Grecian born, and (very learned man in those times 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. 6 [...]. in noteing the Acts whereof he stiles himself only Bishop of Canterbury, and the other Bishops his D Fellow-partners and Brethren, in which it was decreed that such things as had been canonically decreed by the trans-marine 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 Bishoprick of York, Fol. 153. A. D. 680. Bede l. 4. c. 17. but he was restored again by * a Council held by Pope * Agatho at Rome. E

This year at the command of Ecfrid King of Northumberland, Edilred King of Mercia, Another Coun­cil called at Hatfield by the c [...]mmand of four Kings. Sp [...]lm. concil. 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, Calcedon, 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 F 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 singings and readings, as it was practised there.

[Page 107] Wilfrid was not idle, although thrust out of his Bishoprick,The Heptarchy. A. D 692. for then by his preaching he converted the South-Saxons, whose King Aedilwalch had been before baptized in Mercia. Ibid l. [...]. c. 13. The South-Saxons con­verted. Isle of Wight converted. Bede l. 4. c. 2. Theodo [...]e e­rects Bishop­ricks 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 A the whole English Church submitted, who travelling about all the Island in the Saxons Possession, appointed and consecrated Bishops, and erected Bishopricks in fit places, and distinguished them into Paroches or * Parishes.

(r.) Ina King of the West-Saxons about this time published his Laws,r. which were made by the perswasion of his Father Cenred, his Bishops Hedda and (ſ) Erkenwald, and of his Earls or Elders and wise men,Ina his Laws. A. D. 692. B among which were many that were meerly Ecclesiastick, as the first,ſ. That the Ministers of God observe their appointed form of living; Lamb. Ll. Inae. Laws meerly Ecclesiastick 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 ▪ &c.

Not long after there was (t) a great Council held at Becanceld a t. place in Kent, Withred the King thereof presiding in it,A. D. 694. Becanceld Council where King Withred presided. Spelm. Conc. fol. 191. where were also congregated Bertwald Archbishop of (u) Britain, Toby Bishop of C Rochester, and all the Abbats, Abbesses, Priests, Deacons, (x) Dukes and Noble-men of that Kingdom, the only things here treated and concluded on, were in favour of the Church and Monasteries, viz. u. That the Kings or other Potentates should not constitute or appoint x. any Heads or Governours of Monasteries, and that they and the Church, should be free from all Burthens, Impositions, and Secular, Servitude.Acts of Council subscribed by Women. Ibid. fol. 192. The Acts of the Council were subscribed by five Ab­besses.

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Naitan King of Picts, being perswaded by the Epistle of Ceolfrid, Bede l. 5. c. 22. Naitan King of Picts receives into his Domi­nions Canonick Easter and Ro­man Tonsure. A. D. 714. Abbat of the Monastery of St. Peter and Paul at (y) Weremo [...]th (to whom he sent, for Information in this case) made a Law for the Ob­servation of Catholick Easter, and Roman Tonsure, or the manner of Picts and Monks shaving their heads and crowns as it was used at Rome. y.

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[Page 108] The Heptarchy. A. D. 7 [...]5.About this time Ina King of the West-Saxons being at Rome, gave the famous Almes called (z) Peter-pence toward the maintaining of a Saxon-School, Peter-pence 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) Mercians, there was a great Coun­cil z. held at (b) Cloveshoe, he presiding, Cuthbert Archbishop of Canter­bury, A. D. 742. a. and the other Bishops being his Assessors, wherein the Privi­ledges A b. granted to the Church and Monasteries by Withred, 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, Cloysters and Nuns, Palaces and other Women were alike to him, and by his great Example the Nobility and People were infected with an universal Vitiousness and Luxury; which B 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 repented 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, C 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 c. of Canterbury presided, King Ethelbald, his (c) 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. ad fol. 256. and not Secular Affairs; d. That once in a year they should visit, and go through their several (d) Pa­roches or Diocesses, and take account of the Regularity, labour, and suf­ficiency D 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 Im­ployments, 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, &c. of Ecclesiasticks. extravagant Garbs and Vestures, Drunkenness, Incontinency, Luxury, Irregu­lar E living as well of the Secular Clergy, Monks and Nuns, as of the Laicks.Murder and Adultery pu­nish'd only with Pennances. Ib. fol. 282, &c. The reigning Vices in these times (as appears by Egbert Archbishop of York his Canons for remedy of sin) Fornication, Adul­tery, Murder, Drunkenness, Perjury, &c. 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.

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[Page 109] 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 injoyning 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 A France.

King Offa of the Mercians to expiate the treacherous and base Mur­ther of Ethelbert King of the East-Angles, Offa murders Ethelbert King of East-angles. Brompton 754 A. D. 793. He gives Rome penny or Peters 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. Albans, and going to Rome in Pennance, gave to St. Peter, and the then Pope, Rome-penny, or Peter's-penny, that was a Penny of B every Family in his Kingdom, Spelman out of the Life of Offa, says these (e) Peter-pence were given to the English School at Rome, for the Sustentation of English Scholars there; he rather confirmed Ina's Gift e. 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 C three Ships to discover the Country, somewhere about the West, and that landing by stealth, and entring the Kings Town, they killed his chief Officer thereof, in the time of Brithric King of the West-Saxons Anno Domini 791. but the Country coming in, forced them to their Ships again. It may be probable according to the opinion of some, that they were only Pirats with a general Commission, and that they landed here by accident, or were by weather forced upon this Shore.

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This Church Story is lame and incoherent, yet 'tis all I could find worth notice, amongst the many Volums of the ancient Monks, they being nothing almost but vast heaps of Legends, Tales, and vulgar Reports which passed for current in those ignorant and cre­dulous times; nor is there any more methodical or authentick Story to be expected for some, and those not a few years yet to come; yet out of these Clouds of darkness, out of these voluminous, idle, E vain, inconsistent Discourses, a man may pick out matter sufficient for strange admiration, when he shall observe the frequent Fastings,The Devotion and Piety of Elder times. the fervent Prayers, the large (and I had almost said) profuse Alms of those times; what stately and magnificent Fabricks, Churches, Palaces, and Monasteries were built and founded in those days; what plain and unlearned Zeal, what obedient, quiet, and hearty Devo­tion, then possessed the minds of the People, when in 220 years time,Marsham's Preface to the first Volum of Monasticon. thirty English Saxon Kings and Queens left the World, and entred in­to F a Religious Solitude.

[Page 110] Egb [...]rt Mo­narch. A. D. 854. &c.The Secular Story of the Saxons almost ever since their first en­trance, I have hitherto omitted, consisting chiefly of Wars, by which we may know and understand their Barbarity, Violence, and Rapine; but for what cause they were undertaken, by what Coun­sels directed and managed, or what Reason or Justice there was for them, we cannot once guess, the Relations of them being so narrow and frivolous.

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Nor are the Battels themselves described more artificially than the Combats of Bears and Wolves, or the Skirmishes of Kites and Crows in the Air. There were frequent attempts upon one ano­thers Dominions, amongst their petty Kings, and as frequent Re­bellions of the great men against them, and oft-times in some or most of these Nations, he whom Riches, Popularity, or Faction ad­vanced, took on him the Title and State of a King.

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Egbert King of the West-Saxons. Saxon Ann. A. D. [...]54. Egbert the famous King of the West-Saxons, made himself Monarch of the Saxon Heptarchy, and as some affirm of Great Britain, his Title to the West-Saxons Kingdom he derived justly from Ina. Thus he was the Son of Ealmund, he the Son of Eafa, he the Son of Eoppa, he the Son of Ingild, and he the Brother of Ina, whose direct Line was Extinct, when Egbert assumed the Diadem, and was called out of France by the West-Saxons (being there an Exile) to undertake the Government.C

He conquers the Cornish and Welch Britains.His first Atchievement was against the Britains in Cornwall, and the (f) North-Britains in Wales, whom he subdued and made Tribu­tary: by the Fame of these Victories, he became a Terror to the f. other petty Kings, only Bernulph King of the Mercians, swelling at his success, thought it would be a glorious and bold attempt in him, to rescue others from fear, and to make War upon Egbert, who cheerfully gives him Battel, wherein Bernulph and his Forces were D totally routed.Bernulph routed, and Mercia con­quered by Eg­bert. A. D. 806. Malmesb. de gest. reg. l. 2. c. 2. A. D. 824. Ibidem. The South and East-Saxons conquered by Egbert and the East-angles. Ingulph. Hist. fol. 487. a.

The West-Saxon King urged forward with this Victory, sent his Son Ethelwolf, with Alstan Bishop of Sherborn, to take in Kent, which they presently added to the West-Saxon Dominion, and pro­ceeding, drave Baldred the King thereof, over the Thames; and some years after, he subdued the South and East-Saxons; soon after the East-angles, encouraged by Egbert, slew Bernulph and Ludecan Kings E of the Mercians, and their Successor Withlaf at first expelled his Kingdom by Egbert, afterward by the Mediation of Siward Abbat of Crowland (with whom he privately remained in that Monastery) was restored upon condition of Subjection, and payment of a yearly Tri­bute.Malmesb. ubi supra The Kingdom of Northum­berland yields to Egbert. In the same year the Northumbrians broken with Factions, and wearied by the Usurpations and Pretences of several ambitious Princes, gave Hostages and submitted themselves to Egbert.

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[Page 111]And now though he injoyed Britain, Egbert Mo­narch. A. D. 832. yet he injoyed not the full satisfaction and pleasure of his Conquest, for the Danes landing in the Isle of Shepey, wasted it, and the next year coming again in thirty five Ships, they landed at the River Car in Dorsetshire, Danes land in Shepey. At the River Car in Dorset­shire. An. Dom. 833. Two Bishops slain. They land again A. D. 835. A. D. 836. where Egbert fought them, with a great slaughter on both sides, yet so as the Danes made good their ground and encamped. Herefrid and Wigferth two Bishops were here slain, as also Dudda and Osmund two Saxon A Commanders. Two years following a great Fleet of the Danes ar­rived again, and joyned with the Cornish Britains, against Egbert, who overthrew, and put them to slight, and the next year died.

After his acquest of the whole Heptarchy, by Edict, he caused it to be called England, which in Latin was called Anglia from the Angles, the most numerous and valiant of the three Nations, which came hither with Hengist, they possessed the Kingdoms of Northum­berland, B Mercia, and East-Anglia, the Jutes, only Kent and the Isle of Wight, and the Saxons, East-Saxony, South-Saxony, and West-Saxony, yet long before this time it might be, and was called Eng­land, though not by a publick Edict, for Bede inscribes his Book, the Ecclesiastick History of the English Nation;Bede l. 2. c. 4.5. and Pope Boniface writes to Ethelbert King of the English, and Gregory sent Augustin to preach to the English Nation, also Ercombert King of Kent, Ibid. l. 4. c. 1. and Oswy King of Northumberland (or of the English as most Potent) sent C Wighard to Rome to be ordained Bishop of the English. Nor was he perfectly absolute, notwithstanding he became Monarch of England, for some, if not all the petty Kings, though Tributaries, held their Titles for many years, and some Successions of Monarchs after him; as Witlaf King of Mercia under Egbert, Ingulph's Hi­story, fol. 487. a. Ibid. fol. 488. b. Ibid. fol. 491. a. and Bertulph under Ethel­wolph his Son, Beorred King of Mercia, and Edmund King of East-Angles under the same; and so they continued at least until Edward the Elder.

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Ethelwolph eldest Son of Egbert, Ethelwolph. by some of the more Modern Au­thors said to have been a (g) Monk, and Bishop of Winchester, took g. upon him at the request and importunity of his Nobility,A. D. 836. the Go­vernment of the Kingdom of the West-Saxons, his Father giving to his Brother Athelstan the Kingdoms of Kent, Essex, Surrey and Sussex, Saxon Annals A. D. 836. or of the South-Saxons, which afterwards by the Death or Cession of Ethelstan, came under the Power of Ethelwolph, Malms. l. 2. c. 2. who being of a quiet E 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 Battels or Skirmishes almost every (h) year, sometimes the Saxons, sometimes the Danes h. [Page 112] prevailing,Ethelwolph Monarch. A. D. 836. who by their often Invasions in every part of the King­dom, rather seemed to pray upon and wast, 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.A

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 wholsome and uniform Remedy (as they affirmed it) i. and a Security against their Enemies, which was an (i) Act of the great Council or Parliament in those days, however it be commonly k.l. called the Grant of King Ethelwolph, of the Tith of the Profits of all (k) Lands,Ethelwolph grants the Tiths 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 Burthens, Taxes, and Exactions (l) whatso­ever B 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 C Diocesses or (m) Paroches.

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 m. 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, D 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 meer Clemency, and great Con­descention, 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 E [Page 113] 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 Cloathing; 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 Oyl for the Lamps in the Church of St. Peter, as much to buy Oyl for the Lamps in A 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 Fa­thers Widdow. After his death, Kent, Surrey, and Sussex, with the whole Kingdom, came under the Power of Ethelbert, in whose B 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, C but the Pagans repenting themselves,The Danes wast 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) Hingnar and Hubba, as most affirm, arrived in great Numbers, and form a great Army in D 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 Dissentions 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 E 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 West-Saxons, to Reading in Barkshire, to Warham in Dorsetshire, Basing in Hamshire, &c. Excester in Devon­shire.

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[Page 114] Ethelred. A. D. 870.Their Marches and Progresses are variously described by divers Authors, as Asser, the Saxon Annals, Ingulph, Florentius, Wigor­nensis, Florilegy, &c. The opposition they met with, the Battels 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 A 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 Battels 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 Battel 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 wast with Fire and Sword, demolished Cities, Towns, Castles, Churches and (o) Monasteries; B o. 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. (p) Aelfrid fourth Son of Ethelwolph, scarce fixed in his Throne, when he encountred 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,C 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,D 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 streights. 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 streights, that with a few of his Nobles, and some Soldiers and Vassals, he was forced to secure himself in the E [Page 115] Woody and (q) Fenny places of Somersetshire, Aelfrid. A. D. 878. where they had no­thing but what they got from the Pagans by frequent Irruptions, or such Christians as had submitted to them.q.

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 A 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 depart the Land. they would depart the Kingdom. (r) Godrum their King presently B became a Christian, to whom Aelfrid was Godfather,Godrun their King becomes Christian. Hist. 494. b. Some Danes abjure the Land. and with him r. thirty of the chief men of his Army were baptized; Ingulph says that Aelfrid gave to him and his People that staid with him, the King­dom of the East-Angles, and that such as refused to be baptized, 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 C 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 Enemies Fleets, and kept them from landing.

Learning in this Kings 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 Controver­sie between Grimbald and the Oxonians. there scarce being any that could read English on the South-side of Humber, or a D 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 E 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.

[Page 116] Aelfred. A. D. 886.The King hearing of the Controversie, goes to Oxford to put a period to it, who shewing much moderation, and indeavouring to reconcile them by perswasion, it so moved Grimbald (who thought himself sure of the Kings favor,) 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,A every year to charitable uses, which he distributed into four ſ. parts, one whereof was ordered for the support of his (ſ) School, which chiefly consisted of his Nobility, he also ordering that the Sons of Free-men 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 Judgments and Decisions of the whole Country B 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 Unskillfulness, 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 skillful to perform C t. them; and it was wonderful to see how many illiterate (t) 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 prece­den [...] Kings. addicted themselves to laborious Studies. His Laws, whereof many were Ecclesiastick, 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,D 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 intailed 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, &c. 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 E sold according to the Bargain.. This King, according to Ingulph, first divided the Provinces into (u) Counties, those into Hundreds, and u. those again into Decimes or Tithings, that every English man living [Page 117] 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 A 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 perswades 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 Uncles 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 B their Army to retreat, and wasted all the Country between the (*) Ditch and Ouse, even to the North Fens, and not long after both Armies joyned Battel, and fought with great loss and slaughter on both sides; Duke Sigulf, Earl Sigelm, Eadwold the Kings Thane,* Cenwulf the Abbat, 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, Osketel Hold, with very many other x. Commanders and common Soldiers; yet by the Story the Danes C seemed to have kept the Field; what the event of Battel 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 Battel, overthrew them,The Danes beaten. and killed their King Ecwils, persuing this Victory, and marching for several D 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 Country-men, that whereas before they fled from the Danes, E now they out-braved 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 Sisters Death) Howel, Cledanc, and Jeothwell, Kings of the (y) North-Bri­tains, y. 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 Northumbers. 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 F [Page 118] Northern People,Athelstan. A. D. 924. with the King of (z) STRAECLED Wales, and his People.

z.

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 Ecclesiastick Laws. Col 829. by Agreement of the Great men on both sides, and amongst other Articles of the League, they enacted many Laws meerly Ec­clesiastick, which were reputed as part of it; these Ecclesiastick A 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, Peter-pence, Candle-money, &c. 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 B Kingston upon Thames by Athelmus Archbishop of Canterbury, the beginning of whose Reign was disturbed by the Sedition of Alfrid a Noble-man,A. D. 924. Perjury punish'd 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 Welch 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, C agreed to pay him a yearly Tribute of twenty pound weight in Gold, three hundred pound weight in Silver, and 25000 head of Cattel as Malmsbury, yet but 2500 as others, and made the River (a) Wye their utmost boundary; he also subdued the (b) Western-Bri­tains, a. b. removed them from Excester, which he strengthned with Walls and Towers,Ibidem. and confined them within the River (c) Tamar, c. as their utmost limit.The Cornish with the River Tamar.

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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 fa­vor 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 Jealousie of State, he was put into a small Pin­nace,E without either Tackle or Oars, accompanied only with one Page, with grief whereof the young Prince leaped 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 [Page 119] 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 girting 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) made many very good Laws, for preserving Peace and the Government of his Country,d. and some clearly Ecclesiastick;The Punishment of Murther Pe­cuniary. but amongst the rest established the A (e) price of Murther or Man-killing, from the King to the Peasant; the Punishment of which, at that time was Pecuniary, not Capital e. 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) Thrimsa's, whereof 15000 were paid to his Kinred, and 15000 to the Nation or People.

B

The Life of an Archbishop or Earl was valued at 15000 Thrimsa's, f. to be divided as the former.

The Life of a Bishop or Alderman at 8000.

The Life of a Field-Marshal, Knight-Marshal, or General, 4000.

C The Life of a Mass-Thane or Priest, and a Secular or World-Thane, 2000.

The Life of a Peasant or Country-man, by the Danes Law was 267 Thrimsa's.

The Life of a Welch-man, if he grew so rich as to maintain a Fa­mily, possess Land, and pay a yearly Tribute to the King, was va­lued D at 220 Shillings; but if he possessed only half of a Hide of Land, then it was valued at 80 Shillings; and if he did not possess any Land, then at 70 shillings. If a Churl or Rustick 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 Grandchildren arrived to the same Wealth, they were under the same Valuation.

The Morcians valued the Life of a Peasant at 200 shillings, and E the Life of a Thane at 1200, and they were wont to value the Kings Life equal with 6000 Thanes, that is 30000 Sceates, and so much his Death; the price of his Life was paid to his Kinred, and the Com­pensation of his Death to the People.

[Page 120] 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 A 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,B 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 Ecclesiastick Laws. whereof many were purely Ec­clesiastick, 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 C 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 Murtherer, and cut him in pieces; the King's body was carried to Glastonbury, and D 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 suspition of having connived at the Revolt of his Country-men, but having respect to his Dignity and Office E he released him;A. D. 955. in the flower of his Age he sickned and died, after he had been King about ten years. He confirmed to the Monastery of Crowland their Lands by Charter, and granted many Priviledges 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.

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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.

[Page 121]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, Diceing, Singing and Roaring, Drinking, Excess in Apparel, Luxury in Diet, Dogs and Hawks, Sports, Pastimes, and A 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 B 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 Demeanor 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.

C With the Vices of the times, he also extirpated the wild Beasts, imposing upon Ludwal King of Wales, Ibidem. He injoyns the Welch 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 D 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 forreign 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 E 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 over­born by that torrent, which together with the due wariness and circumspection which ought to attend the Actions of Princes, were all absorpt in that lascivious Gulph; for the great and indiscreet Li­berty he gave himself this way, but especially for forcing of a Nun,Lib. 2. c. 8. Dunstan in­joyns him seven years Pennance, &c. F as Malmsbury reports, Archbishop Dunstan severely reproved him, and injoyned him seven years Pennance, with strict Fastings 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 Pennance, Dunstan in a full Assembly of all the Nobility and Bishops, set the Crown upon his head, which he had commanded him not to [Page 122] wear the time of his Pennance;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 A assistance according to his necessity.Spel. con. 444. And so forward With the concurrence of his great Council, he ordained many Laws Ecclesiastick 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.

B

Edward the younger. A. D. 975. Malms. l. 2. de gest. R. R. c. 9. Florileg. A. D. 975. Opposed by his Mother in Law Elsted. Edward called the younger, the eldest Son of Edgar, by Egelfleda his Wife, was placed in his Fathers Throne, according to his just right, but contrary to the design of Elsrida his Mother in Law, and second Wife to Edgar, who made it her business to set up her own Son Ethelred, a Child of seven years of Age, and half Brother to Ed­ward, that she in his Nonage might govern the Nation.

The Factions between the Monks and Secular Priests, begun in C Edwin's days,The Controver­sie between the Monks and Se­culars divides the Nobility. were now revived, and extended themselves to the Nobility, many of which sided with each Party, Dunstan with the Monks, and all that Party, adhered closely to King Edward, the Se­culars and other Party favoured Queen Elfrid and her Son Ethelred; many of the Nobility and great men threw out the Abbats and Monks which Dunstan had placed in Monasteries,Ibidem. and brought in and placed there Secular Clerks or Priests and their Wives;Two Councils about this Con­troversie. A.D. 975, 977. several Synods or Councils were held about this Controversie between the Monks and D 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.

E

Amidst these Contests of the Clergy and Nobility, Queen Elfrid took her opportunity of murthering Edward, to make way for her Son Ethelred, Ib. A.D. 978. Edward mur­thered by Elfrid his Mother in Law. which she caused to be done after this manner: Ed­ward, weary with Hunting, and being very thirsty alone, while his Attendance followed the Dogs, hearing that his Mother and his Bro­ther Ethelred were at (k) Corvesgate, innocently went thither, she k. with all Demonstration of kindness welcoming him, commanded drink to be brought forth, and while he was drinking, caused one F of her Servants, privately before instructed, to Stab him, after he had reigned about three years.

[Page 123] Edward thus removed,Ethelred. A. D. 979. left his half Brother Ethelred right Heir to the Crown, which he received in the presence of Dunstan Arch­bishop of Canterbury, Oswald Archbishop of York, Flor. Wigorn. A. D. 978. and ten Bishops more, whom Dunstan severely rebuked for aspiring to the Kingdom by Blood, and prognosticated the Inundation of the Danes which followed: This King's Easiness, Inactivity, and Softness,An easie un­active King. gave the greatest occasion to the Danes Conquest, who well understanding A his Temper, and enticed by the Riches of the Nation,The Danes, af­ter many years quiet, invade England. and their Country-men here, (who lived in great peace and quietness until this time) first landed in one place, then in another, ('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, then others more remote, until at last they wasted the whole Nation: Ethelred often attempted to drive them out of the Kingdom, and sometimes did beat them, but to no purpose, they always re­tired B to their Ships with their Plunder and Spoils, and as often as they were worsted, were reinforced from Danemark and Norway.

His Nobility were not unlike him, being Easie, Supine, and Cowardly, and most of them allyed to the Danes in Blood,Ethelred be­trayed by his Nobility. so that upon any great occasion, or fair hopes of Victory over them, he was for the most part by Fear or Treachery, betray'd by some of them, but by Edric more especially.

C

After many years experience of their barbarous Murthers and Cruelties, by the consent and advice of his great men,The Danes bar­barous Cruelty. he sent Mes­sengers to them to buy Peace, offering them Tribute, which was called (l) Danegeld, and a present Sum of Money,Flor. Wigorn. A.D. 991, 994, &c. so as they would desist from their Rapine and horrid Devastations, with which they seemed satisfied, but still destroyed the Country; Peace and Leagues l. were often made with them, and they as often broke them, after D 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.

[Page 124] Ethelred. A. D. 1012.It is Storied that the Danes thus (m) 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 m. 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) massacred,Hen. Hunt. fol. 206. a. n. 50. A. D. 1002. Who says in his Youth he recei­ved' this Story from very anti­ent People. which was attempted, and they were all killed and destroyed accordingly.

A

In this Massacre amongst the rest, Lady Gunhild, Sister to Swane King of Danemarke, (who after she came hither, received Christiani­ty with her Husband Palingus, and was pledge for the Danes ob­serving n. the Peace) was by the fury of (o) Edric Earl Godwin's Fathers Brother,Gunhild Sister to Swane King of Danemarke massacred. De gest. R. R. l. 2. c. 10. says Malmsbury, barbarously murthered.

The News of this Bloody Tragedy moves the Danes to revenge, and the year following King Swane with a mighty Navy invades En­gland, B o. 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. 100 [...]. Every 310 Hides of Land to set forth a Ship, and every nine Hides a Soldier. Hoveden in that year. This Preparati­on came to no­thing. Ibidem. Lord-Danes. Lurdan whence The Danish Massacre suspi­tious.To obviate these dreadful Miseries, and frequent Invasions, Ethel­red C commanded that every 310 Hides of Land should set forth a Ship, and so proportionably for a greater or lesser Quantity; and every nine Hides a compleat Arms, or Soldier, but this great Preparation by ill management and storms, came to nothing, eighty of the Ships at one time being wracked by ill weather.

D

[Page 125]The next year came another Fleet of Danes under the leading of Turkill, Ethelred. DanesSwaneCnute A. D. 1013. and soon after a second under the Conduct of Heningus and Anlaf, all Danish Princes; the former whereof in the year 1012. was with 45 Ships sworn to serve Ethelred, Two Fleets of Danes arrive under the Con­duct of Turkill, Anlaf, and He­mingus. Turkill with 45 Ships, takes Service under Ethelred. The People submit to Swane Emma with her Children de­parts into Nor­mandy. Eth [...]lred fol­lows them. Hen. Hunt. A. D. 1013. Swane impo­seth a great Tri­bute upon the People. Hoveden, Anno eodem. Turkill doth the same. Hunting. A. D. 1014. Swane dies suddenly. Ibidem. Cnute made King by the Danes. The English re­call Ethelred. he finding them Food and Rayment.

Swane proceeding victoriously, almost where-ever he came re­ceived A the submission of the People, and Emma Queen to King Ethel­red, with her two Sons Edward and Alfred, went into Normandy to her Brother Richard Duke thereof; and after Christmass in the same year, Ethelred followed them thither, from the Isle of Wight, all the People esteeming and receiving Swane for their King, whom he commanded through England to make great Provisions for his Navy, and to pay almost an intolerable (p) Tribute: In like manner Turkill sent out his commands every where, the like should be paid to his B Fleet that lay at Greenwich; Swane thus obtaining the Throne of En­gland, in the beginning of his Reign, died suddenly.

After his Death the Danish Army and Danes make Cnute his Son their King, and the English upon condition of his better Govern­ment, send to Ethelred to return out of Normandy, who sending for his Son Edward, with promise of doing all things worthy of himself as King, and the English People, came himself soon after, and was C ioyfully received of the whole English Nation.

Cnute lay then at Gainsborough, to whom the People of Northum­berland and Lindsey in Lincolnshire submitted, into the latter of which Ethelred hearing of their submission marched, and destroyed it with Fire and Sword.

Cnute troubled that for his sake the Country should suffer, sailed D 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 Tray­tor Edric joyns himself with forty Ships more; against whom Ethel­red raises a vast Army, but being told it would betray him, dismissed it, and retired to London.

His Son Edmund called Ironside, with Ʋctred Duke of Northum­berland, E wasting some Countries, whilst Cnute destroyed others, Ʋctred 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.

[Page 126] 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, &c. Ibid. c. 2. c. 6. c. 19. Canons against Priests Mar­riage. wherein many Ecclesiastick and Secular Laws were either made or confirmed, among which these three were not very usual, That Priests should not Marry, it being the Custom then for them to have two or three Wives. That (q) none should be sold out of their Country, especially to a Pagan. That Widdows should remain A so for twelve months after their Husbands death. Other Laws were made for preservation of the Peace, correction of false Money, and bringing Weights and Measures to a just Rule.

q.

Against the sale of men, &c. C. 22. C. 23.Here were also ordained Naval Laws. That a Fleet should be ready and equipped every year, as soon as might be, after Easter, for the Defence of the Kingdom. If any man did injury to any Ship designed for this Expedition, he was to repair the Dammage. But B 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 FƲLLICE and CYNING THONNE MƲNDBRICE.

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,C and going to Southampton, where he then was, renounced before him all the Race of Ethelred, and sware unto him Fidelity; and he also sware to them, that in matters both Secular and Religious, he would be their faithful Lord; but the Nobility which staid at Lon­don, together with the Citizens, chose Edmond called Ironside, the eldest Son of Ethelred then living by his first Wife; he going with all speed to the West-Saxons, was received by them with great De­monstration of Joy.D

In the mean time Cnute coming to London with his Fleet, caused a great Cut or Ditch to be made in the South part of Thames, and laid up his Ships West of the Bridge, compassed the City with a wide and deep Ditch,Cnute be­siegeth London. closely besieged it, so as none could pass out or in,He quits the Siege. Ashdown Bat­tel. and often assailed it, but was as stoutly repulsed by the De­fendents; wherefore for that time quitting the Siege, and leaving part of his Forces to defend his Ships, with the other he swiftly E r. 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 Gods help) puts them to flight. Not long after being re­cruited and receiving more strength, he fought the Danes the second or third time, some report at (r) Ashdown or Assingdon, others at other places.

F

[Page 127]But in the last Battel, where-ever it was, (by the Treachery of Edric, who revolted to the Danes, with what Forces he could, when he saw the Victory inclining to the English) Edmund was totally defeated, and the flower of the English Nobility cut off;Edric's Trea­chery. Huntingd. A. D. 1016. Fol. 208. The flower of the English No­bility destroyed. Ibidem. here pe­rished noble Duke Ednod, Duke Alsric, Duke Godwin, and the brave Ʋlfketel Duke of the East-Angles, and many more gallant English; after this great Victory Cnute took London, and the Royal Scepter.

A

Edmund, with the Remains of his Army, marched toward Glou­cester, where collecting what Force he could, he prepared for a new Engagement; but the Nobility on both sides terrified with the dread­ful slaughter in the last Battel, and fearing the Courage as well of Edmund as Cnute, perswaded them, for avoiding the great Effusion of Blood, to decide the Controversie by single (ſ) Combat, which ſ. they undertook, and behaving themselves bravely on both sides, in B 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 C Chief men of England to meet at London, and when they were come together, he craftily asked such as were Witnesses to the Agreement,Cnute surpri­zeth the Wit­nesses to the A­greement be­tween him and Edmund. and Division of the Kingdom between them, as if he knew nothing of the matter, what he and Eadmund discoursed of his Brothers and Sons; Whether it should be lawful for his Sons to Reign in the King­dom of the West-Saxons after him, if Eadmund should dye while he was living.

D 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 lyed falsely, Ibidem. They give false Testimony. thinking to make Cnute more kind to them, and hoping for great E 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 sware 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 mur­ther Edmund's Sons. Edwin the Brother of Ed­mund F was murthered; 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 murthered in England, sent them to [Page 128] 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,A Mercia he committed to Edric, to Turkill the East-Angles, to (t) Irici­us Northumberland. His first care was to make a firm friendship be­tween t. the Danes and English, and a right understanding between him­self,Ibidem. To indear him­self to the Peo­ple, causeth the Murtherers 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 Murtherers 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) Edric whom he inwardly B u. 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.C

Malmsb. ut sup. n. 30. He Marries Emme Widdow of Ethelred.The more to ingratiate himself into the English, he married Emme Widdow 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, Mur­thers, &c. 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, Murthers, Rapine, and Violence of him­self, Father and Ancestors, he repaired all the Monasteries which D had been defaced and destroyed in England, and built some new ones, as that at St. Edmund's-Bury, &c.

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, solliciting them to reject Olave, and make him King; they accept his Proposi­tions, and Cnute coming thither from England with fifty Ships, they E 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 F 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 [Page 129] suffer any to be done in his Kingdom;Cnute alone. A D. 1031. the like command he lays upon his Sheriffs and Justitiaries, 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 injoyns 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, A as (x) Church-seed, Tithes, Peter-pence, &c. he strictly injoyned the x. Observation of all old Laws, especially those of Ethelred, Malms. l. 2. c. 11 fol. 42. a. He injoyns 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 Ecclesiastick 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 Ecclesi­astick made by Cnute and his great Council. The Ecclesiastick Laws concerning Religious B 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, &c. on the Lords-day. 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.
  • C3. 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 Widdow marrying within twelve months after her Husbands D Death, should lose her joynture and Dowry.
    Ibid. c. 71.

Cnute not long before he died, appointed his eldest Son Swane, Hoveden 251. a A. D. 1035. Cnute dies and disposeth his Kingdoms to his Sons. by his first Wife (y) Elgiva, to be King of Norway, and his second Son (z) Harold, by the same Woman to be King of England, and Harde-Cnute his Son by Emme, King of Danemarke. This year he died in November at Shaftsbury, and was buried at Winchester. y.

z.

E Harold according to some being chosen King by the Danes and Londoners, Harold. Hunt. 209. a. whilst Earl Godwin and the English would have had for their King one of the Sons of Ethelred, or Harde-Cnute the Son of Cnute, but their attempt was in vain,Malms. l. 2. c 12 not being equal either in num­ber or force to the Abettors of Harold, and therefore he injoyed the Crown, which was given to him by his Father,A. D. 1036. as it is said in Hove­den before-cited; however he came to be so, King he was, and in­nocent Elfred, Elfred and ma­ny Normans slain. a younger Son of Emme by Ethelred coming out of F [Page 130] Normandy to visit his Mother then being at Winchester, Harold, Harde-Cnute. 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 her self safe here, much grieved for the death of her Son cruelly murthered,Hoved. 251. Emme flies to Baldwin Earl of Flanders. went to Baldwin Earl of Flanders, who received her honourably, and assigned Brugis for the place of her abode, where she remained three years, whither her Son Harde-Cnute came out of Danemarke to visit her,Malmsb. ibid. Hunting. ibid. Hoved. 251. b. Harold dies. Ibid. & Flor. Wigorn. A. D. 1040. in the mean while having A done nothing memorable, Harold dies at Oxford, some say London, and was buried at Westminster. Florence of Worcester says they di­vided the Kingdom of England by Lot, and that the North part fell to Harold, and the South to Harde-Cnute, who was rejected because he came not out of Danemarke, when sent for, so soon as was ex­pected, and therefore Harold was elected King over all England, A. D. 1035, 1037. fol. 622.

B

Harde-Cnute. both English and Danes make him their King.After his death all the Nobility both Danes and English sent to Brugis to Harde-Cnute, to come and be their King, (the Children of Ethelred being neglected, and post-poned for the easiness and ill for­tune of their Father) he arrives with sixty Ships manned with Danes, and was of all People received with great applause, but during his short Reign, did nothing worthy a King, save that he treated his half Brother Edward, and his Mother Emme, who came to him out of Normandy, He laid a grie­vous Tax upon the Nation. Ibidem. At which Wor­cestershire People tumult. very kindly and honourably; he laid a grievous Tax C upon the Nation, for the payment of eight Marks to every Rower, and twelve Marks to every Officer in his Fleet, this caused the Peo­ple to tumult, and at Worcester the Country People and Citizens killed two of his Domestick Servants which he sent to gather his Tax, but he chastised them severely for that Fact, for he sent thither Leofric Earl of Mercia, Godwin Earl of West-Saxony, Siward Earl of Northumberland, Their City and Country is burnt and plundered. Ib. A.D. 1042. He dies sudden­ly. &c. who plundered and burnt the City, and wasted all the Country, when he had reigned about two years; he died D suddenly while he was drinking at a Nuptial Feast at Lambeth, where Osgod a great Danish Lord had married his Daughter to Prudan ano­ther Potent Dane.

Edward the Confessor. A. D. 1043. His Descent. Edward commonly called the Confessor, the eldest Son of Ethelred by Emme, and half Brother to Edmund Ironside, Son also of Ethelred by a former Wife being in England, at the death of his half Brother Harde-Cnute, was in a great straight, not knowing what to do, and E thinking to retire into Normandy, Malms. de Gest. R. R. l. 2. c. 13. fol. 45. a. n. 10. He applies him­self to Earl Godwin. applied himself to Earl God­win, who gave him other advice, minds him whose Son he was, and what great probability there was of his being King; and withall promiseth his assistance upon Conditions to be agreed on between them. Edward urged by necessity, promiseth to make good all he asked. Then a Council being called at London, Godwin being very eloquent and powerful in perswading, so prevailed in this Assembly, that by the consent of almost all present,He is declared King. he was made King, and F 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.

[Page 131]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. Histor. Croy. 509. a. n. 30.40, 50. Edward much addicted to the French Modes and Custom [...]. Ibidem. In­gulph A reports he saw her often when he went to Court to see his Father who lived there, and coming from School, was often met by her, and opposed solidly and smartly, not only in Grammar, but in Logick.

The same Historian there saith, that though Edward was born in England, yet having had his Education in Normandy, he was almost become a French man; and calling many from thence both Laies B and Religious, preferred them to great Offices and Dignities: The chief amongst them were Robert a Monk, whom he made first Bishop of London, and then Archbishop of Canterbury; and William his Chaplain, whom he made Bishop of Dorchester, with other Military men, which he placed upon the Borders to defend them against the Welch.

Then the English under this King, and the Normans which he C 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 Ʋ ­sages, 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. 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 D years, from the first time that it was paid by Ethelred to King Swane. The English began Malmsb ut sup. n. 40.50 The English murmur at the Preferment of the Normans. to murmur at the Preferments of the Nor­mans, and took it ill, that Strangers should injoy such places of Trust and Dignity; on the contrary, the Normans stomached the English defended themselves, and Ibidem. They calumni­ate the English, especially God­win and his Sons. f. 46. a. n. 40, 50 calumniated them, especially (b) God­win b. and his Sons; That they were insolent toward the King and his Friends, and usurped an equal share in the Government; that they trisled with, and abused the King's honest Intentions and Simpli­city, E and made Jests on him.

[Page 132] Edward the Consessor. A. D. 1051.These Factions and Animosities at Court were notably heightned by the following Accident. Ib. b. n. 20. Eustace Earl of Bulloigne, comes to visit King Edward. Ʋpon his re­turn, one of his Herbingers quarrels with a Townsman of Dover or Can­terbury, and is slain. Eustace and his Followers kill 21 of his Townsmen. Eustace the Elder, Earl of Balloigne, who had married Goda Sister by the Fathers side to King Edward, came into England to visit him, and returning homeward, at Can­terbury as some report, at Dover as others, one of his Herbingers un­advisedly quarrelled with a Townsman or Citizen about Lodgings he was to take up for his Master and Retinue, was by him slain; the Earl, to revenge his Servant's death, and his Followers, kill se­veral A 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) sent for, and commanded to march into Kent with an Army, and punish the People of Canterbury or Dover; (who had likewise made their c. 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,B troubled to see Strangers more favoured by the King than Natives, advised him first to summon the Chief men of the Town into his Court, and charge them with Sedition, where both Parties might be heard, that if found in fault, they might by Fine or loss of Life, satisfie the King, whose Peace they had broken, and the Count whom they had injured; or if otherwise, they might be acquitted; until this were done he refused to punish by Hostile Force, and un­heard, those of his own Country, which by his Office he was rather C 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 Malms. de Gest. R. R. fol. 45. b. n. 40. Godwin comes with an Army. Godwin, who suspected his own Cause, or the Violence of his Adversaries, with his two Sons Swane and Ha­rold, came with a great Army, raised in his own and their Earldoms, (under pretence of subduing the Welch) the King knowing of his D 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 Sim. Du­nelm. A. D. 1051. Eustace and his Followers; the King delayed him with fair answers, until the Mercians and Nor­thern men advanced, who were eager of fighting. But Leofric and the more wise men interposed between the King and Godwin, that Hostages given on both sides, the cause should be again debated at London, whither the King and Lords coming with their Army, send E for Godwin and his Sons, who with their Forces were come to South­wark, Servitium mi­litum. Quos per Angliam habebant Regi contradere. Malmsb. f. 56. a. Lin. 1. Godwin and his Sons banish­ed. commanding their appearance with twelve Attendants only; they refuse to appear before their Adversaries without Hostages, yet deny not to disband their Souldiers, or consign or make over their Service to the King, or in any thing else to obey the King, that might be agreeable to their Honour and Safety, this answer not sa­tisfying the King, Godwin and his Sons by Edict within five days, was to depart the Land, who perceiving his numbers falling off,F [Page 133] readily obeyed, and with his Wife Gytha, and three Sons, Swane, Edward the Confessor. A. D. 1052. Tosti and Girth, passed over into Flanders to Earl Baldwin, whose Daughter Judith 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.

A

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 shewn 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.

B 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 falshood, p. 80. and makes it ap­pear idle. who for all her great Vertues 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 C and stepped over and between nine Plough-shares 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 demeanor toward God and the World, she recovered the good opinion of King and People.

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 joyning D with his Father, came up the Thames toward London with their Fleet, where a Land Army of Londoners and Country-men 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, E had no great Stomachs 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 Subtilty and Instability, would not consent to Peace, before Wulnoth the Son of Godwin, and Hacun the Son of Swane, 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 Swane, who troubled in Con­science F for the Murther of his Kinsman Beorn, went to Jerusalem Bare-foot, and in his return died. Edward also received his Queen Edith, Godwin's Daughter, in the same Dignity she was before.

[Page 134]This done, the Normans who had given the King ill Council, and under his Authority done many unjust things. John [...]romp [...]on. Robert Arch­bishop of Canterbury, The Normans banis [...]d. William Bishop of London, Ʋls. of Dorcester, &c. were banished the Realm. 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 Bishoprick. Soon af­ter Earl 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 Speech­ [...]ess, sunk down suddenly in his seat as dead, his three Sons Harold, A 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 choak him if he were guilty, with which, endeavouring to swallow it, he was choaked. And his [8.] Earldom of Kent and West-Sax­ony, was given to his Son Harold, and his to Algar Son of Leo [...]ric.

B

Macbeth van­quished by Si­ward Earl of Northumb [...]r. Siward the stout Earl of Northumberland, by the King's order, made an Expedition into Scotland, vanquished the Tyrant 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 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 C was restored to the King's favour. 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 stiled 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 D his Earldom, in the year following he dies and leaves Edwin and Morear his Sons.

Sim. Dun. A. D. 1063. 1064. Ingulph. A. D. 1063. Griffin King of Wales over­come by Harold. The Welch 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. Ingulph. A. D. 1065. Fol. 511. b. n. 30. Edward gives Wales to Griffin's Brother's Blechgent and E 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 Sim. Dun. A. D. 1069. The Northum­brians Tumult against Tosti. Harold sent to appease them. imposed high and grievous Taxes upon them, committing many Out-rages, the People run to Arms, beset his Pa­lace,F kill his Souldiers 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 perswaded to admit Tosti for their [Page 135] 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 Out-law, 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 A 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.

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 B him Fealty concerning the expectation of the Crown, and confirm Edward's Grant by Oath.

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 Christmass time this year he sickned and died, and was buried in the Abbey of Westminster, which he had C founded, or at least reedified, and by Charter granted to it many Immunities and Priviledges, 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 d. of Kent and West-Saxony, who had formerly (d) gone, or rather was D sent by King Edward over into Normandy to Duke William, according to William of Poictiers, 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 Kings Funeral, contrary to his Oath and Faith given, invades the Throne, and was solemnly Crowned by (e) Aldred Archbishop e. E [Page 136] of York, Harold. A. D. 1065. and for the time he injoyed 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 Death-bed, later than that of William, scarce vouchsafes his Ambassadors Audience, denies A f. the Agreement, (f) 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. (g) 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 Judgment and Sentence, gathers an Army, secures the Ports, and more especially B h. persues his Brothers. (h) Tosto dayly infesting the Coasts, who sail­ing i. Northward, and joyning with Harold, (i) 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 k. 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 C and better armed. At length Harold comes up with a Potent Army, l. and gives them Battel at (l) 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 Orcades had liberty to depart with m. twenty Ships, they leaving a vast (m) Treasure behind them.

D

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 disswade 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 Lay-men, knowing and able to advise; such were Robert Earl of Mortaign, half Brother E to William, Robert Earl of Ou, Richard Earl of Eureux, Son of Ro­bert Archbishop of Roan, Roger Beaumont, 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 Armes, and at length every [Page 137] one chearfully 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, Flemmings, Malms. de gest Reg. fol. 56. a. n. 50. Ge [...]er. de duc. Nor. l. 6. c. 34. French, Poictovins, Aquitans, and Britans, 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) Waleric or Gualeric, with a gentle Gale, and landed at Pevensey in Sussex, erected a Fort there, to se­cure n. A his Ships and their retreat, (o) 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 o. the Causes of the War; first for revenging the death of his Kinsman,Brompt. col. 958. (p) Alfred whom Godwin Harold's Father and his Sons had cut off with p. 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 B Perjury, and to which he had no right, it being his by Grant, by nearness (q) 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, dream'd of the like success for the future, and refusing the Terms C offered him by William's Envoy,Malms. ut sup. a Monk (either to quit his Pretences to the Kingdom, or hold it as his Vice-roy,Gul. Pictav. fol. 200. c. or that they two by Combate for the sparing the Effusion of Blood in the sight of both Armies, might decide and end the Controversie) in great hast with a small part only of his Army, he came near unto Hastings, Ingulph. Ibid. and having gathered together the Country-people, formed of them a (q) rude and undisciplined Army, staid not for his Northern Forces,q. but next morning gives (r) Earl William Battel, and fighting valiantly r. D all day until evening, often as a common Souldier hand to hand with his Enemies, at length about twilight upon a Hill, whither he had retreated, he was shot thorough the head with an Arrow, and slain, together with his Brothers Gurth and Lefwin, and most of the En­glish Nobility here present.

(ſ) Then Edwin and Morcar, with some few others that escaped, came ſ. 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 E 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 A PREFACE TO THE Norman History.

B

AS the Saxons that conquered England were a mis­cellaneous People,Vid. lib. 1. Of the Saxon Story. consisting of many German Na­tions, that went all by the name of Saxons. So also were the North, Nort, 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 C that great Tract called Scandinavia or Scandia, 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.

D

The French Normans likewise that conquered this Nation, were assisted in that undertaking by the French, Flemmings, Br [...]tains, Poictovins, Anjovins, and other Nations of France, and some from Germany under great Commanders, though perhaps most Volunteers and Free-booters brought together by the mighty 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 E Usages have been found here, in France, Normandy, &c. though in general the old German 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 shew what were the Laws and Usages of this Nation, and from whence F 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 precee­ding, 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, In praesat. ad Script. 10. dat. 10. Maii 1652. fol. 43. Mr. Selden saith is no 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 [Page 140] 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 Controver­sie 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 compleating of (a) Doomesday-book, is the most famous Controversie between Lanfranc Archbishop of Canterbury, and Odo A Bishop of Bayeux in Normandy, and Earl of Kent, half Brother to the Conqueror by the Mother; Eadmer fol. 9. n. 30. who by his great Power and Ra­pine a. amongst other Lands, had possessed himself of Not. in Eadm. fol. 198. n. 20. twenty five Manners belonging to Endowment of the Church of Canterbury, and had also usurped many Priviledges and Customs appertaining to the same. Lanfranc complains to the Conqueror, and Sues for redress, who directs his 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) Robert Earl of Ou, (c) Ri­chard B 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 Bishopricks and Abbies all b. c. their Lands,The Conqueror commands all Lands taken from Bishop­ricks and Ab­bies to be re­stored. &c. 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. Selden's Notes on Ead­merus, from Textus Rof­fensis▪ fol. 198. By Vertue of which Commission or Precept, N. 10. Ead­mer, f. 9. n. 40. the chief men of the County C of Kent and of other Counties of England, were assembled on Pinen­den▪ (d) Heath, where the Pleas or Controversie between Lanfranc and Odo continued three days, and well it might, for there Lanfranc recovered 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 d. in this Plea. Ib. f. 199. Lanfranc a Norman pleads his own Case, and recovers twenty five Manners. &c. 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 D 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.

F

[Page 141]The same way of proceeding by virtue of the general Precept be­fore-mentioned 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 In Appeal n. 3. directs his Writ to all his Leiges or Tenents, and Sheriffs in whose Sherifwicks the Abbey of Ely had Lands, that it should have and enjoy all its Customs, &c. 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 A Town in Suffolk near Newmarket) before his Barons. Several Writs are in the 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 Warwic scire, Terra E­piscopi de W [...]recestre, f. 238. b. col. 1. The Bishop of Worcester's Plea. Doomesday 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 B 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.

C 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 Doomesday, of D this way of proceeding, and Trial of Titles in the County, Hun­dred, Wapentack, or Trihing; under the Title of Clamores in (e) Sud­treding e. Lincoliae.

In Tadevill, Trials for Tiths 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 E 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) Bo­vates f. 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 F [Page 142] 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,A he gave Security to make good his Master's or Patron's claim by Or­deal or Battle.

Doomesday, fol. 212.In Norf. in Hund. & Dimid. de Clakeslosa Photestorp. Hanc Terram g. h. calumpniat esse (g) liberam Ʋlchetel homo. (h) 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. B

In Norf. 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. Audry, or the Abbey of Ely. C

i. In Doomesday, Clamores de (i) 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 Treding, & per Donum R. W. quod dedit S. Johanni tempore Adeldredi Archiepiscopi, de hoc habent Canonici sigillum Regis Ed. & R. Will.Canonici de Beve [...]laco.

(i)
Treding 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.
↵
D

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 de Treding quod Archiepiscopus jure debet habere, hanc socam quousque ei reddantur iii. lib.

E

Almar was not here Antecessor to Thomas in the Archbishoprick, for there never was one of that name Archbishop, but was his An­tecessor in the Possession of the Soke, of these ten Bovates of Land, which Soke was Mortgaged, or the Gage assigned to the Archbishop (who was a Norman) for three Pounds.

[Page 143]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, A Tredings or Trihings in the Conqueror's Survey, but all between Normans and Normans, or those and King William, or be­tween Bishops, Religious and Ecclesiasticks, and the King or Lay-Normans who had seized Church-Lands; and no Pleas of Titles be­tween English Saxons, or between them (unless they were Church­men or Religious) and Normans. Nor no such fabulous Pleas, as the pretended Plea of Sharnburn, of which more afterwards.

B 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. Spelm. Gloss. verb. Tain-land, ex lib. de Rams. Sect. 178. Willi­elmus Rex Angliae W. de A Norman who came in with Conqu. vid. Cataloge. Cahaniis salutem. Praecipio tibi ut facias convenire Shiram de Hamtonâ & judicio ejus cognosce, si Terra de Isham reddidit firmam Monachis Sancti Benedicti tempore patris mei, & si ita inventum fuerit, si in Dominio Abbatis: sit vero Tainlanda tunc fuisse invenietur, qui eam tenet de Abbate teneat & recognoscat. Quod si C noluerit eam Abbas in Dominio habeat & vide ne clamor inde amplius ad nos redeat. Teste (l) W. Episcopo Dunelm. There is also another Precept of this King cited by the same learned Sir Glossar. fol. 303. col. 1. A Trihing Court. Henry Spelman l. which runs thus. Willielmus Rex Anglorum H. Camerario salutem, facias convenire & consedere tres Hundredas & dimid. apud (m) Flic­chamburch propter Terram illam de Holm quae pertinet ad Ringstedam & quam Abbas Ramesiae clamat ad victum & vestitum Monachorum m. suorum, & si Abbas poterit respondere ratione & Testimonio comprovin­cialium D 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) R. Bigod apud Wendesoriam. n.

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 Glossar. fol. 302. col. 2. by the same Author. Henricus Rex Anglorum (o) Samsoni Episcopo & (p) Ʋrsoni E de Abitot & omnibus (q) Baronibus Francis, & Anglicis de Wircestre­scira salutem. Sciatis quod concedo & praecipio ut amodo comitatus mei o. p. q.Godw. de praes. An. p. 233[Page 144] & 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. r. Et si quando exurgat placitum de divisione Terrarum: Si interest (r) Ba­rones meos Dominicos, tractetur placitum in curiâ m [...]â, & si inter ſ. s Vavasores duorum Dominorum tractetur in comitatu, & hoc duello fiat nisi in eis remanserit. Et volo & praecipio ut omnes de comitatu eant ad comitatum & Hundreda sicut fecerunt T. R. E. nec ramaneant, pro­pter A aliquam causam pacem meam, vel quietudinem, (here wants non habebunt I guess) qui non sequuntur placita mea & Judicia, mea sicut t. tunc Temporis fecissent. Teste R. (t) 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 B of him to be agitated in his own Court, permitting the Trials be­tween the Vavasors or greater Tenents of two mean Lords to the County. This method of deciding Controversies and Variances, was in use in Henry the Second's Reign, as appears by this Dugd Orig. Jurisd. fol. 23. col. 2. Writ. (u) 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 C u. 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, then 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 Kings Reigns, Trials for considerable Estates in Lands, Debts, Bacon's use of the Law, &c. p. 37. under fourty Pounds value, and almost all Controversies were had in the Court Baron, Hundred, or County Courts.D

Old Natur. Brev. fol. 2. Glan. l. 12. c 6. The Writ of Right was always brought first in the Lords Court, of whom the Land held, Ib cap. 7. Writ of Right first brought in the Lords Court, &c. 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 Judgment in his Court, where both the Demandant and Tenent agreed the Land in question to hold of the same Lord. Ib cap. 8. & lib. 3. cap. 7. But if they claimed to hold of diverse E 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 Te­nents. The Lord also of a Manner, by his own Right, without the King's or his chief Justiciaries Precept, had Power, by the Judgment of his Court, that is by the Presentment or Verdict of his Tenents or Suitors, to di­strain his Tenents by their Goods, or Lands if need were, for his reasonable Aids, Reliefs, Services, and Customs. Ibidem. But if the Lord F [Page 145] 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, &c. 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.

A 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, &c. Dugd. Orig. Jurid. fol. 29, 31, &c. Spelm. Gloss. verb. co­mit. 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, then the Controversie 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 B Counties, then they had right done them in the King's Court. So it was for Persons within the Jurisdiction of the same Mannor, 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 C within the Jurisdiction of the several Courts, especially those of the Hundred and County Court, 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 do [...]so. were bound to appear under * Forfeitures, (*) 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 Glanv. l 2. cap. 1. & Grand Custom, c. 93. &c. 113. none of the Jurors (x) knew the Right it self, or truth of the Matter, and it were testified to the Court upon Oath, recourse was then had to D others, until such were found who did know the truth, but if some x. 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.

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 E called thereto, that they should not say falsly, nor knowingly for­bear to speak the truth. 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 Cap. 12. Magna Charta it appears that the Assizes or Trials of (y) Novel Disseisin, and y. [Page 146] (z) Mort D'ancester were only to be taken in their (a) proper Counties, and by Justices sent by the King, and the (b) Knights of the Shire.

At the time of making of Tit. Sud-Treding in Lincolia. Ke­steven, ib. and many others. Doomesday Book, or the general Sur­vey of England, and for many years after, the Jurors passed their judgment, and gave in their Verdict according to Possession. For those that were then seized of Lands, had no other Title, than that c. they possessed them by the Gift or Permission of the Conqueror, as A (c) by his Seal,Mortgages and Sales of Lands Registred in Counties, Hun­dreds, &c. 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 Dugd. O­rigin. Jurisd. [...]ol. 27, 28, 31▪ 93, 94. Cook Proem. to Report 3. [...]omn. Gavel­kind. p. 87. Doomesd. Tit. Clamores in Subtredinge Lincoliae, &c. Ibidem. Fines levied in County Courts, &c. Fines and Corcords, many before Justices Itinerant. See Counties and Rolls of Assize. Conveyances, Assurances, Morgages, Sales, &c. of Lands were registred and recorded in the Counties and Hundreds where they lay. As in the time of the Saxons, and B 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 Concords made in the County Court before the Sheriff and other chief Gentlemen of the Country, and recorded there, as likewise in Court-Barons, before the Lord, &c. Dugd. Origin. Jurid. fol. 93.94, &c. And may be so to this day for Copyholds, where the Custom of the Mannor will bear it: So that Sir Ed. Cook's Assertion that Readings on Stat. de [...]in. p. 2. Pleas held in Churches and Church-yards. Fines cannot be C levied without original Writs, was not agreeable to the Practice of those antient times.

Besides set and determinate places in Hundreds and Counties for holding these Pleas, they were sometimes held Sim Dun. c. 35. Gervasi­us. Dorobern. col. 12 92. in Churches and Church-yards, until they were Spel. con­cil. 2. vol. A. D. 1287. inhibited; and from hence may be made out the meaning of that Passage in Col. 12 91. Gervasius Do­robernensis, concerning the South Door or Porch of the Cathedral D Church of Canterbury, which so much 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; Seld. dis­sert. ad Flet. ex Epistolà. Pet. Blessensis. c. 8. §. 1. f. 52 2. for in the time of Henry the Second, &c. in the Palace of Thomas Arch­bishop of Canterbury, there was a Colledge of Students in the Cesa­rean Laws, Ibidem. to whom all the knotty Law Questions in the King­dom were referred for Solution.E

[Page 147]This way of Trial Glanv. l. 2. c. 7. by Assize, and the Oaths of twelve good lawful men of the neighborhood, 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, 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 A their free Tenement that way; before this way of Trial became fre­quent and universal, Battel, Duel, and Ordeal were very much used in Criminal and Civil Causes; the first to assert the Right and Title to Lands, Tenements, &c. And the latter to purge and acquit men from, or condemn them of Crimes of what nature soever, but especially such as were hainous or capitol. The last of which, ac­cording to In his Gloss. verb. Ordeal. Mr. Somner's account of the word, signifies an up­right, just, and indifferent Judgment. See the first part of the Saxon B Story. See Olaus Wormius de monument. Danicis. lib. 1. cap. 11. de Ordalio.

This Law or way of Trial was abolished by Append. n. 9. a. Tryal 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 Judgment of Fire and C 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 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 Priviledges confirmed to God and the Church of D Holy Trinity in Norwich. And very strange it is, what 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 Combate was much used, if not most frequently for the trying of Right, before Henry the Second instituted, introduced, or revived the way of Tryal by E grand Assize, by Glanv. l. 2. c. 7. Henry the Se­cond introduced or revived the Tryal by twelve men. which in tenderness of Life, (as is said before) men might decline that doubtful success of Battel, 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 Ib. in Tit. cap. 1. them both together, although he speaks first of Battel, as being most antient. In this manner, Ibid. c. 3. after the view of the Land, and both Demandant and Tenant appearing in Court, the Demandant claimed thus; Ibidem. The manner of claiming by Bat­tel in Civil Ca­ses. I do demand against B. half a Knights Fee, as F my Right and Inheritance, as the Right of my Father, (or Grand-Father) who was seized in his Demesne as of Fee, &c. And this I am ready to try, by this my Free-man D. And if any ill shall hap­pen unto him, as Death, Sickness, or other Impediment before Bat­tel, then by this or that Person (as many as he would) which were present and shewed in Court, who had seen and heard of the thing in Controversie: or thus; and this I am ready to try, by this my [Page 148] Free-man D. unto whom his Father on his Death-bed injoyned 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. Ibidem.And A 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. 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 shewed in B the Court, upon whom he put the Dirationation, or proof of his Cause. 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.

Ibidem. Note also that the Champion Defendant could not in the C Court produce in his place any other to undertake the Combat, than his own Legitimate Son. 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,D or be stayed. Ibidem. And if he was hereof convicted, and the Cham­pion of the Plaintiff vanquished in Combat, then 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 Battel. 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 E Fee and Inheritance by Combat. Ibid. c. 3. In fine. The Punish­ment of a Re­creant. The Battel ended, the van­quished Person was (d) punished sixty shillings as a Recreant or Cow­ard, and moreover lost the Law of the Land.

d. 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; F for those things that were determined in the Kings Court by Duel, were to remain firm for ever; and thereupon a Precept was directed [Page 149] 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 Ibid. c. 4. A Writ of Sei­sin to the Victor after Battel. 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 Hide of Land in such a Town, concerning which there have been a Plea or Controversie in my Court, because the said Hide of Land was ad­judged to him in my Court by determination of Combat, witness Ranulph, A &c. Ibid. c. 5. Thus it was if the Demandant prevailed in the Combat, but if his Champion were overcome, then the Tenent or Defendant was acquitted from his claim. Thus much Glanvil of Tryal by Com­bat in Civil Cases.

In Criminal Cases it was also used,Duel or Battel in Criminal Cases. but more especially in Appeals of Treason and Murder. And the manner of this Tryal Lib. 3. c. 18 Bracton delivers, beginning thus, of those which are taken for any Crime B or great Felony, as for the death of a man, &c. 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 compleat Judg­ment. But if he denied it, and any one Appealed him of the Crime, and that he did not except (e) against the Appellant, he had his choice e. whether he would be tried by his Country, whether guilty or not, or he might defend himself by his own body, that is by Battel; if he chose to be tried by the Country, and repented him of it, he C 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 Battel, Ibidem. The Judge by his Office ought to examine whether all things rightly concurred for the joyning Battel; Ibidem. and if the Fact and Cause were sufficient, and all things concurred well to warrant the Combat, then 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 D 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 Suspition, thought fit to retain him.

Of these Combats, in Cases Criminal, Selden de duello c. 11. some are for Tryal of E Crimes, against which the Law by (f) ordinary course may proceed,f. and of these the Justices of the Kings-Bench have the ordering,Battel 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 Dugd. O­rigin. Jurid. fol. 6. under the dispo­sition of Itinerant Justices, or the Justices of Common-Pleas.

F

[Page 150] 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 Mareschal, 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, &c. 76, &c. where A 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,Tryal 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 Serjeants, taking their places in their Solemn Scarlet Habits. In a Writ of B Right between Simon Lowe and Thomas Paramour, for a Mannor and certain Land in the Isle of Harte, by the Isle of Shepey in Kent.

This way of Tryal from the Lombards.This way of Tryal by Combat, as that of Ordeal, and the Judgment of twelve men, came to us out of the North, Selden. de duello. from the Lombards, who coming out of Scandia, (g) over-ran the chief Countries of Europe, and is thought to be instituted by Frotho the Third King Saxo. Gram. Ed. Francofurt. fol. 86. n. 20. of Danemarke, at the time of Christ's B [...]rth, who among other Laws,C made this; that every Ib. fol. 77▪ n. 40. f. 81. n. 10. Controversie should be determined by the Sword. And so pertinacious were these Northern People in this way of Judgment, that it continued 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. Ib. fol. 71. Luitprandus King of the Lombards at­tempted to abrogate this wicked Custom of Tryal by Combat, but in vain. And though he had heard that many had lost their Right by this sort of Judgment, yet the Custom of his Country was such, as D he could not prohibit it.Campiones a Campo. From these Northern Nations we had both name and thing. Campiones Champion, says the Learned Spelman. Gloss. in verbo campus. A Campo, as Forensis a Foro, and 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 Lombards or Scandians) called Kemper, the Romans according to their Idiom, expressed by Cimber. E

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 Tryal of Pro­priety, either by the Recognition of twelve lawful men, or by Duel; yet are Spelm. Gloss. fol. 103. both these ways of proceeding now become almost ob­solete and out of use.

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[Page 151]But all things having constantly had their Execution from the Kings 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, Vicounts, Sheriffs, or A 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 Gul. Pi­ctav. f. 208 D. who was Vice-Roy, 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 B Normans, and therefore he knew would be a Terror to the English: He 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 Order. vi­tal. fol 493. B. William Earl of Warren in Normandy, and a great Commander in the Battle against Harold, and Ib 535. A. Ri­chard de Benefacta, alias Richard de Geme [...]. l. 8 c. 15. & lib. Doomesday. Tonebridge, Son to Gilbert Earl of Brion in Normandy 1073. were made chief Justices of England, who summoned to the Kings Court divers Rebels, &c.

C

In the great Plea between Lanfranc and Odo before-mentioned,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.

D In the beginning of William Rufus, Hen. Hunt [...]ol. 212. b n 40. Odo Bishop of Baieux, and Earl of Kent, was again Justiciary, and chief of all England. 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 Bishoprick followed 1099. by Order. vit. fol. 786. c. Ranulph Flambard Godw. de praes. p. 109. Chaplain sometimes to Maurice Bishop of London, a Norman likewise; in the Reign of Henry the First, 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 Ord. vit. f. 629. c. 465. c. Basset a E Ib f. 905. D. 906. A. Norman. After him his Son Richard Basset Ibidem. was Justiciary. And then Roger Godw. de praes. fol. 389. who had been a Curate of a Church in the Sub­urbs of Caen in Normandy, for a small Sallery, by Henry the First made Bishop of Salisbury: 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 Fol. 91. a lin. 4. fol. 104. b. n. 10. Malmsbury, who lived Ibid. fol. 99 b. n. 10. in his time. In the time of King Stephen, Hov. 1153 f. 2 [...]1. a. n. 20. Henry Duke of Normandy, afterwards King of England by the Title of Henry the F Second was in this Office.

In the Reign of Henry the Second, Robert de Bello-monte Earl of Leicester before-mentioned, a Norman was Justiciary 1168. before him 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, Hov. f. 293 b. n. 30. who died Anno Dom. 1168. [Page 152] Ib. f. 337. a. n. 20. Richard de Lucie was made Justiciary of England, who in the year 1179. leaving that Office and all Secular Employments, was made Canon Regular in the Abbey of Lesnes which he had founded. I find not directly that this Richard was a Norman, but 'tis probable he was so, by his Name, and for that King Henry the First gave him the Mannor of Dugd. Ba­ron. fol. 562. Disce in Norfolk, either for his Service, or as his Inheritance, which was a Boon too great for an English man in those times; and for that he was also Governour of Ibidem. Falais in A Normandy for Stephani, and defended it stoutly against Geofrey Duke of Anjou. He was a great Instrument in making the accord between Stephen and Henry the Second, and was by this last King in the eighth of his Reign, advanced to this high Office: After him in the year 1180. Hov. f. 342 b. n. 30. Ranulph de Glanvil that Famous Lawyer, was con­stituted * Justiciary of all England, who by his name was certainly of Norman Extraction; (*) although as Sir In Epist. to the eighth Report. Edward Coke saith, he him­self was born at Stratford in Suffolk. It also appears by the Ibidem. He was a Nor­man. vid. Dugd. Baronage. vol. 1. fol. 423. c. 2. names B 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, Godw. in praes. Dunelm. Nephew to King Stephen, by his Sister was made Hov. 1190 fol. 378. b. n. 40. Justiciary in the North parts beyond Trent, and William de Longo-Campo, or Long-Champ Bishop of Ely, was at the Ibidem. same time by Richard the First made Justiciary on the South parts on this side Trent. Ib. & fol. 400. a. n. 10, 20, 30. He transacted all the Affairs of the Nation while C he was Justiciary, yet Ib f. 401. a. n. 30. understood not the English Tongue. Then after the Deprivation of William Bishop of Ely, 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 Godw. de pres. p. 233. & Malms. f. 134. b. n. 50. the Conque­ror's D Chaplain, Bishop of London and Chancellor: Osmundus 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 Malmsb. 1 [...]8. a. lin. 2.5. a Norman, Chaplain to William the Conqueror, Bishop of Helmam, then of Thetford, and Spelm. Gloss fol. [...]09. Chancellor. William Giffard Bishop of Winton: Robert Bloet Bishop of Lincoln: Roger Bishop of Salisbury before-mentioned: Galfrid called Rufus Bishop of Duresm: Alexander Bishop of Lincoln, Ord. vit. fol. 919. D. Nephew to E Roger Bishop of Salisbury: Roger Ibidem. (h) Son to that Bishop called Ibidem. fol. 920. A. Pauper, and may others who were successively Dugd. Chron. series. fol. 1, 2, 3. Spelm. Glossa­ry, f. 109, 110, &c. The Chancellor his Office in El­der times. Chan­cellors, were all Normans.

Of what Power and Authority the Chancellor was in these Elder times, or what his Office, is not easily made out, the reading, al­lowing, and perhaps dictating Royal Grants, Charters, Writs, &c. keeping and affixing the King's Seal to them, as the Learned Gloss. fol. 106, 107. Sir F Henry Spelman thought, and many also be gathered from Mr. Dug­dale's Origin. Jurid. fol. 37. Ord. vit. f. 55. A Order. vit. fol. 920. A. discourse of the Chancery, was the greatest part of their [Page 153] trust and imployment, and that he had no causes pleaded before him, until the time of Spelm. Gloss. [...]ol. 107. Edward the Third, and those not many, till the Reign of Orig. Jur. fol. 37. Henry the Fourth; nor are there any Decrees to be found in Chancery, before the 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 A left hand, as Scaccarii observ. lib. 1. c. 4, 5. Gervase of Tilbury tells us, and by his Office, af­ter the King, was the first man in the Kingdom; and that under his own Teste, he could cause the Kings Writ to be made out to deliver what Sum he would out of the Exchequer. The Chancellor was the first 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.

B

But the Justiciary surmounted him and all others in his Authority, and he Spelm. Gloss. f. l. 331. alone was indowed with, and exercised all the Power which afterwards was executed by the four Chief Judges, that is, the Chief Justice of the Kings-Bench, the Chief Justice of Common-Pleas, Steph. Segrave Mat. Paris. A. D. 1234. Chief Baron of the Exchequer, and the Master of the Court of Wards As Sir Ibidem. Henry Spelman makes it out by the Articles exhibited against Hubert de Burgo, there cited out of Mat. Fol. 376. n. 30, 40, 50. Paris and other C Instances.

Sp [...]lm. Gloss. ut sup. The Barons by right of Dignity in all Cases, many others by Right of Tenure, and most by Priviledge granted by Chartre, were not to be impleaded for their Lands and Tenements; but before the King, or his Capital Justiciary: Some Remains there are to this day,There remains somewhat of the Office of the old Justiciary in the Chief Ju­stice of the Kings-Bench. of this great Office in the Chief Justice of the Kings-Bench; all En­gland as to keeping the Kings Peace, and Dignity of the Crown, and some other Matters, is under his Jurisdiction, and therefore is stiled D Chief Justice of England.

This great Officer had his Original from Spelm. Gloss. fol. 332 Normandy, and was the same in Power and Office with the ancient (*) Seneschal thereof,* or very like him; anciently there was wont, says the 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 E the Prince his Lands, caused to be observed the Rights and Laws of Normandy, and rectified what had been less justly done by the Bay­liffs, and removed them from their Office if he thought it convenient. He also inquired into the Ʋsages and Customs of the Forest, and caused them to be observed; every three years he passed through, and perambulated every part of Normandy, and visited every (a) Bayly-wic, and inquired into all the Excesses and Injuries done there a. [Page 154] by Sub-Justiciaries; he likewise took notice of all publick Thieves, Rapes, Murders, Burnings, or Fireings of Houses, and all other Pleas of the Sword, or as we call it, the Crown of Treasure digged out of the Earth, Mines, Wrecks, Water-courses changed or not kept, High-ways changed or stop'd up, &c. doing right in all these and many more things there enumerated. This great Officer was also General, Vice-roy, and Guardian of the Kingdom in the Kings absence, and sometimes made Peace and War by the advice of the chief Nobili­ty, A 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 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 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 B 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 Ibidem. very sublime Mystery, very intri­cate and involved.

Inferior Mini­sterial Officers all Normans.For other inferior Ministerial Officers, Earls, Vicounts, Bayliffs, Lords of Hundreds and Maners, before whom Titles and Causes of smaller Consequence were tried, 'tis evident they were all Normans, C none but they injoying any considerable Lands, Liberties, or Juris­diction, as must be acknowledged by all that know any thing of the Catalogue of Proprietors in Append. n. 10 Doomesday Book, or have well considered what Gervasius 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.

D

Nor were the Judges and Lawyers of those times in all probability other than Normans, for then they were most, if not all, Dugd. Origin. Jurid. fol. 21. Clergy-men, and so were they in Normandy, as is manifest by the C. 9. Grand-Customer, where 'tis said the Judges are Sage Persons and Authentick, which in Court give judgment of those things they have heard, as Archbishops, Clergy-men, Judges and Lawyers in Normandy. Bishops, Canons of Cathedral Churches, and other digni­fied Persons, Abbots, Priors and Rectors of Churches, famous for their Honesty and Piety; and the most of the great Clergy-men in E this Nation then, as Bishops, dignified Persons, Abbots, Priors, &c. were Normans. William Hoved. fol. 259. b. n. 30, 40. A. D. 1070. depriving very many of the English of their Ecclesiastick Honours, and put those of his own Nation into their places, as a means to confirm him in his new acquests; and '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 F Lawyers, that Fol. 69. b. n. 10. All Clerks Pleaders. Malmesbury said there was nullus Clericus nisi causidicus, No Clerk which was not a Pleader.

If therefore the Justiciaries, Chancellors, Earls, Sheriffs, Lords of Maners, such as heard Causes and gave Judgment were Normans; if the Lawyers and Pleaders were also Normans, the Pleadings and [Page 155] Judgments in their several Courts must of necessity have been in that Language and the Law also, otherwise they had said and done they knew not what; especially when the Controversies were determined by Military-men, Earls or Counts, Sheriffs or Vicounts, and Lords of Maners, that understood not the English Tongue; or when the Chief Justiciary himself was a Military-man, as it often happened, and understood only the Norman Language: For this reason,Why all Plead­ings were in the French Tongue. and no A other it was that all Pleadings, &c. were in the Norman-French, un­til by Act of Parliament in 36 Edw. 3. c. 15. Edward the Third's time, they were appointed to be in the English Tongue, but entred and inrolled in Latin, save that the ancient Terms in Law might still be retained in that Language, as being more apt 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 B 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 meerly by one Law. that ever any Nation enjoyed one simple Law by its self pure, and unmix'd with some of the Ʋsages and Cu­stoms of other Countries; especially such as have been often over-run and conquered, which do commonly retain somewhat they received C from all their new Masters; for Conquerors seldom think their Con­quest compleat, until they have over-turned the Laws and Customs of the vanquished, and established such as they think most effectual to establish themselves. Nor hath it been yet heard of, that the World, or any considerable part of it, comprehending many and distinct Nations, have been governed meerly by one Law, but that every of those Nations have had, and do retain at least some of their own Municipal Laws agreeable to their own Customs.

D

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) Neighbours by Situation, had the same Language, only dif­fering in Dialect, and communicated in many Rites and Usages; nay joyntly conquered both this Country and Neustria in France, They were not People of one Nation that conquered En­gland and Nor­mandy. afterwards called Normandy, for they were not intirely Saxons, Danes, or Norwegians, or of one Nation that made these Conquests, although E their greatest Leaders, and the greatest numbers of any one Nation, might be such, but a mixture of all these, and several other People of the North parts of Germany.

Yet that the bulk and main of our Laws,The main of our Laws were Norman Laws. or at least very different usages of them, were brought hither from Normandy by the Con­queror, such as were in use and practice here for some Ages after the Conquest, is without question;And our Te­nures. for from whence we received F our Tenures, and the Manner of holding of Estates in every respect, [Page 156] from thence we also received the Customs incident to those Estates, as Reliefs, Aids, Fines, Rents, or Cens, Services, &c. and likewise the quality of them, being most of them Feudal, and injoyed under several Military Conditions and Services, and of necessary Conse­quence from thence, we must receive the Laws also, by which these Tenures, and the Customs incident to them were regulated, and by which every mans right in such Estates was secured, according to the Nature of them.See Grand Cu­stom throughout and Scriptor. Norm. 1037▪ But from Normandy (and brought in by the Con­queror) we received most, if not all our ancient Tenures, and man­ner A of holding and injoying our Lands and Estates, as will appear by comparing our ancient Tenures with theirs.

First concerning Fees, the Learned 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,B not heard of before in the Saxon times.

Somners Gavel. p. 102. Berault. on Cust. Norman. fol. 112. The word Beneficium or Praedium was anciently used for Feo­dum, which was not used in any Nation or Country, until about the beginning of the Tenth Century, from our Saviour's Incarnation. 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 C sibi fidelissimum Vassallum. 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 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) Vassals; Ib. f. 86. B. and in his old c. 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 D swear Fealty to him.

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, Ibidem. yet in the Preface to the Chapter of Fiefs, he reports from Coquill upon the Custom of E 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 Souldiers. Gentlemen, such as served on Horse-back. in the Declension of the Roman Em­pire, that they distributed their conquered Lands amongst their Soul­diers, 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 Rustick Affairs,F and Merchandize only, and from thence came the distinction of Fiefe, Noble, and Roturier, &c.

[Page 157]There were Spel. Gloss. fol. 219. Hot­tom. in lib. de disp. Feud. c. 6. F. three sorts of Military Fees, Royal Fees, as Dukedoms, Counties, Marquisates, &c. 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, then 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, &c. lastly A 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 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 Doomes­day 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.

B

And for the Incidents to these Tenures, Escheat, Ward, Marriage, Relief, Homage, Fealty, Aids, Escuage, &c. 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 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 C 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 meer 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. &c. 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 D 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 outragious wickedness which was called See the Glos­sary. Felony, as Murder, Robbery, burning of Houses, Rape, &c. and which was no Treason, this like­wise was a Forfeiture of their Lands and Estates to the Lord of the E Fee. And by committing Felony and the non-performance of the most of these things, upon conviction the Tenents Coke com­pleat Copy-hol­der, Sect. 57, 58 Kitchin Tit. Copy-holder. 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 Tenents, it will give some light to the knowledge from whence we received our Laws, briefly to give an F account of the Institution of Mannors here in this Nation, as I find it in our Learned Glossarist, Fol. 389. The first Insti­tution of Ma­ners. Mannors 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 injoyment of Soc, Sac, Toll, Team, and other Priviledges, the Normans called Maners a Manendo, because such Possessions were ordinarily the Seats of the Lords.

[Page 158] d. The Saxon (d) Jurisdictions had their Origin from the Grants of their Kings, They were Feu­dal. but Maners 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 Priviledges, meerly pertaining to a noble Fee.

How they were instituted.He further says, at the beginning this was the course of instituting Maners, for the most part different Lords possessed the Territories A of every Town or Village, and See Doomes­day Book every where▪ how Vil­lages and Towns are described with such Peo­p [...]e 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; Ibidem. another share he gave to his Vassal or Vassals for their aid and assistance in War, and e. these were called (e) Knights Fees, or Military Fees, which if they B were not sufficient for the maintenance of one Soldier,For mainte­nance of their Horse and Arms yet according to the Quantity of Land they injoyed, 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 Expences, Ibidem. Base Tenure. a third part he distributed to such as performed all rustick and servile Works, repaired his Houses, ploughed and sowed his Land, reaped his Crop, carried it into Barn, Threshed it, Digged, Hedged, and C 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 Maners. in several Maners.

The Lords House was the Aula, Hall, or Court, and all the Tenents, if D need required, were bound to attend there every three weeks, but gene­rally at the Feast of the Annuntiation, and St. Michael, from whence these Courts kept at those times, were called Curiae generales, or General Courts. These Lords of Maners, or small Baronies, held either in Capite of the King, or most commonly of other great Grand. Cust. of Norm. c. 34, 35, 53 and every where in our ancient Lawyers and Historians. Barons, [Page 159] as of their Honors or Heads of their Baronies by the same Tenures, and under the same Forfeitures, and these in like manner of the King in Capite; for by the Hot. de [...]eud. Disp. [...] 10. 830. D [...]hey might [...]aighten, but not inlarge 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 A of their Maners; 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 Man­ers ought Suit to the Courts of mean Barons. and arising between their Tenents, were ordered and decided, and they were not only held at the chief Seats of their Honors or Baronies▪ but perhaps all over England where they had any considerable Lands or Possessions, as the (f) Honor of Richmond, Honor of Gloucester and f. B Clare, Dutchy of Lancaster, And they to the Courts of great Barons, on whom they held. &c. 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 Glan. l. 1. c. 3. And the great Barons to the Exchequer▪ or Kings Court. Jurisdiction of the Kings Court or Exchequer, where all Pleas concerning their Baronies were terminated.

C 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 par­celled out and distributed by the Conqueror. to others some part or portion of a County, as Hundreds, or several Maners and Towns in them, who sometimes parcelled them out to their Dependents 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 D 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 Ʋsurpers, to the great men, and of them to the People their Tenents and Followers, their Tenures became more easie, and were changed into Inheritances, both Free and Bond as they did in France upon the Usurpation of Hottom. in Feud. Disp. col. 845. A.B. Et de Serres, fol. 120. A. D. 987. The Barons made advantage by setting up Ʋsurpers. [...]nd sometimes of their lawful Soveraigns by bearing too hard upon them. Hugh Capet, the E Nobility closing with him, on condition their Baronies and Fees might be Hereditary and Patrimonial, which before were Arbitrary, and injoyed 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 Soveraigns also, who according to their Examples, and their own F Necessities, as things then 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; [Page 160] 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 Tenents and indigent Lords; whereby their Lands were manumised, the Services released, or they were granted to them by Deed or Feofment, 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 A relax and abate the Rigor 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 easie, and recei­ved their several Alterations and Amendments by Flux of time, or Acts of great Councils or Parliaments; and instead of rigorous Tenures, the more soft ones of Fee-Simple in all its kinds, and inheritable and qualified Copy-holds were introduced.

B

Besides this Tenure of Homage, there were also other Tenures in Normandy, Tenures in Al­moigne in Normandy. In Burgage. as Per Elemosynam, in Franke almoigne, as the Church-lands were held. Burgage as the Lands in Burroughs are held by Custom of the Burrough, 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.

f. The Normans also had Fiefs, (f) Roturiers, the same or very like C our Soccage Tenure;In Soccage. And Bordage. and Tenure by Bordage, which was a drudging (g) servile Tenure, and those that held such Lands, could neither give, g. sell, nor Morgage them; See Grand. Cust. C. 28, 29, 30, &c. with the Gloss. Or servile Te­nures. 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 Vicounte of Baieux, where Odo made Earl of Kent by the Con­queror, was Bishop, Berault fol. 714.715. and might be brought from D 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 E 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 Patern of that in Normandy, and was erected there by Rollo, as Re­vise saith, Notes on Grand Cust. fol. 8. Ib. fol. 9. b. The Authority of this Court was so great, that no man might contradict a Sentence pro­nounced [Page 161] 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 Judgments.Common-Pleas holden in the Exchequer. And Common-Pleas were usually held in this Court until the Eight and twen­tieth A of Edward the First, it was 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 sate the Gerv. 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.

B

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 chiefly concerned all Capite Lands, and the great Baronies of England.

The great Officers and other great men that sate here, were all C Normans, or of Norman Extraction, which probably neither well understood nor spake 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, His Read­ing de finibus, p. 3. Lex non Scripta, Ibidem. di­vinely cast into the heart of Man, as Sir Edward Coke affirms, unless they received it this way by Inspiration. How then could Judg­ments be made, and Sentence given in this Court, by any other than the Norman Law?

D

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 E 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 Dutchy, 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 Bayliff, C. 3. This was the way to do Ju­stice by forcing the Execution of the Law. Senes­chal, or Provost, &c. the Prince only had a full Jurisdiction of all Lay-Pleas that came before him. That is, he might if he pleased, F judge and hear all sorts of Pleas.

Alcun Justicie bien ses Hommes, Telle Justice est faict per prendre membres, ou fien, ou Corps. 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.

[Page 162] C. 4. Justiciers or Justices. Justicier sive 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 Bayliffs had done.

Bayliffs what they were in Normandy.The Bayliffs were called the less Justices, because they had not A power to do Justice out of their Bailywicks, which were but seven Principal ones in all Normandy. The Bayliff had power to do Ju­stice and Right to the People under him, to keep the Peace, to end or determine Plaints, to destroy Thieves, 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 B Judgments in Execution. The Subjusticiers were Officers established under the Justiciers to do Execution, such were Viscounts, Serjeants of the Sword, Bum-Bayliffs. Bedells, or under-Serjeants, &c.

C. 5. with the Coment. A Vicount in Normandy was an under Officer of the Law, a Pedanens judge, and was the ve­ry same with a Provost or a Vi­giner or Vicar, who heard small and Ordinary Cases▪ Pasqu. Recherch. fol. 860. D. Serjeants of the Sword.The Office of the Vicount was to hold Pleas of antient Paths, Ways, Bounds, Watercourses, &c. and to walk the Parish with twelve men of the same, and by their Oath, or the Oath of the greater part of them, to inquire whose Lands lay next the Ways, &c. and cause C them to be amended by those which held the Land; accordingly he was to inquire by the Oath of twelve lawful men, of Malefactors, as Murderers, Thieves, Traytors, Ravishers, and other Criminals, to keep them in Prison till they were delivered by the Law of the Country.

These had also under them Serjeants of the Sword, who held the Views, and made the Summons to them, and executed the Precepts of D the Assizes, and what was judged there; and to keep and deliver according to Law, Distresses taken. The Bedells were the less Ser­jeants, which ought to take the Distress, and to do Offices less honoura­ble, and to make the lesser Summons; and these were in every good Town.

C. 6. Default. Trespassment des Termes sont Appellez defaultes, that is, such as came not at the time appointed, nor appeared in Court according to E Summons, or when they ought, or performed not what they were then to perform, were in Default.

Fealty.No man in Normandy could receive Fealty from another, without saving his Fealty to the Duke, which is to be expressed in doing Homage. And therefore the Duke hath the whole Justicement of the body of a man for or by reason of the Fealty that all men owe him.F

If a Lord doth wrong to his man, by reason of his Fee, the Court then appertains to the Duke, if there be no Mesne or Middle-Lord, between the Duke and him, which by reason of his Fee, may have the Court.

[Page 163]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 Ʋsage much the same as in England.

Judges were Sage Persons, and Authentick, C. 9. So it was in England. Who anciently Judges in Nor­mandy, Bishops, Abbats, Priors, Canons, &c. which gave Judg­ment A in Court, as Archbishops, Bishops, Canons of Cathedral Churches, and other dignified Persons in Churches, Abbats, Priors, Conventual and Governours of Churches, famous for their Discretion and Honesty; Bayliffs, Knights, Serjeants principal, and Seneschals of Barons, Fa­mous for Knowledge and Honesty; every of these might remain in Judgment, if the Cause were not their own, or they were no ways Parties, nor had given Judgment, nor were Witnesses in it, nor were suspected for Love, Favor, or Hatred. Barons ought to be judged B by their Peers, and others by all such as cannot be removed from Judgment, (i. e.) such as were not suspected as before.

Antiently there was in Normandy a greater Justice than all the be­forementioned, which was called the Seneschal of the Prince;C. 10. Seneschal of Normandy. He was like the Missi Regales, or Dominici, in the old Empire, or Itinerant Ju­stices, anciently that went their Circuits once in two, three, four, five or six years he corrected all inferior Justiciers, as Bayliffs, &c. and removed them from their Offices, if he saw it convenient, he preserved the Land of the Prince, and made to be preserved the Laws and Rights of Nor­mandy, C to which purpose he travelled every three years through Nor­mandy, and visited all the particular Baylywicks, and inquired of the Injuries and Excesses done by the Sub-justiciers, and also held Pleas of the Sword, &c. and in all things that belonged to his Office, he might cause them to be amended, without Pleas or Assizes, and in all places where he found any thing amiss, he might do as he thought expedient.

D Custom, Law, and Usage,C. 11. Custom, Law, and Ʋsage. understood and practised in the same manner as in England.

All such as were Residents in the Dutchy of Normandy, C. 14. All the Resi­dents in Nor­mandy sware Fealty to the Duke. ought to swear Fealty to the Duke and keep it; and therefore in all things they ought to be Loyal towards him, and were not to procure his damage, nor to give Council or Aid to his manifest Enemies; such as were found culpable of any of these things, were called Traytors to E 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 Dukes Court.

F

Treasure Trove, i. e. found or digged any where,C. 18. Treasure Trove belonged to the Duke.

Waifs belonged to the Lord of the Fee, or sometime to the Duke, C. 19. Waifs, &c. according to Custom.

[Page 164] C. 20. And Glanv. lib. 7. c. 16.The Chattels of Ʋsurers that died, belonged to the Duke; so to our Antient Kings.

C. 21. Felon [...] Goods were the DukesThe Chattels of such as killed themselves, Excommunicate and Des­perate Persons (such to whom Confession and the Sacramen [...] was denied) were the Dukes.

C 22. Moveables and Chattels for­feited to the Duke.All Moveables forfeited, belong to the Duke. Moveables were the A Chattels of such as were condemned by Judgment, that were hanged, burnt, their Eyes pulled out, or their hands or Feet cut off or ba­nished, &c.

C. 24. Assize what. Assize was an Assembly of Knights, and Sage men, with the Bayliff in a certain place, and at a certain time, which contained the space of forty days, between one Assize and another, by which Judgment and Justice was done of such things as were heard in Court; in these Assizes the Juries sometimes were brought to a Non-scavoir,B Non-scire, Ibidem. Juries brought in Ignoramus. or Ignoramus. And when nothing of Certainty or Cre­dit was deposed, the Inquest being first examined, the Return or Ver­dict was L'enquest scet rien.

Ibidem. Lands, &c. for­feited, as in En­gland.The Lands and Estates and Profits of condemned Persons for Fe­lony, were the Dukes for a year and a day, afterwards they were the Lords of the Fee, of whom he held immediately; so in England. C

C. 25. The eldest Son Succeeds the whole, &c.In Fuedal Succession the Eldest Son succeeds in the whole, and so it descends to the next of the Blood, and never ascends when there is any of the descending Line remaining.

In the Latin Version of the Customer of Normandy, printed at Paris 1539. there is a C. 25. Chapter de exercitu Ducis, not to be found in the French Print of that year; but Du Fresn in his Tom. 3. col. 832. Glossary cites a D good part of it, from the MSS. Customer in the Chamber of Accounts at Paris, Military Ser­vice in chief. which he made use of in these words; Or est vn service que Doit estre fet au Prince en armes, se lont la Coustume & L'establisse­ment des Fiemens, & des Villes, & icest service est accoustume á fere par 40. jours, Service of 40. days. pour le secours, & l'aide de la terre de c [...]ux qui en tiennent les Fiemens, come ce soit fet pour aucun Delivrance, & pour le profit d [...]l Comun P [...]eple, &c. Tous fiefs de See the Glos­sary. Hauber [...] sont especialment establis pour fair, le propre service, de la Duchee, & Ensement de Tous les E Countees & les Baronees, Doivent accomplir ce service, & a decertes toutes les villes qui ont Communes. Si devez scavoir que les sieus de Hau­bere que sont es Countees & es Baronnies qui ne sont pas Establies pour la Duquee de Normandie, ne doivent pas de service, D'ost, fors as Seigneurs as quieux il sont soumis. Excepte nequedent Larrierban del Prince, auquel Trestous, grans & petits pourtant que il soient Con­venables pour armes porter, sont tenu sans excusation nulle, a fair lui aid & profit a tout leur pooir. Now there is a Service which ought to F be made to the Prince in Arms, according to the Custom and Esta­blishments of Fees, and of Cities or Burghs, and this Service is by Custom performed by Co. Lit. Sect. 95. forty days, for the succor and aid of the Land, by such as hold the Fees; as it were done for any Deli­verance, and for the profit of the Commune People, &c. All Mili­tary or Knights Fees were especially established to do the proper [Page 165] Service of the Dutchy, and likewise all the Earldoms and Baronies ought to accomplish this Service, and all the Cities or Burghs that have Communities; it is also to be understood, that the Knights Fees which are in the Earldoms and Baronies, which are not esta­blished for the Dutchy of Normandy, nor do owe Service to the Ar­my, but to the Lords of whom they are holden, except at the Ar­rierban of the Prince, to which all both great and small, that are A able to bear Arms, are bound to come without excuse, and to give him aid and assistance with all their Power.

The Latin Version agrees with this French Text, and as it proceeds further,The Duke granted to such as held of him Scutage, Ser­vice of the Te­nents. there is a Clause exactly agreeable to the antient practice in England. The Duke of Normandy granted to such as had perfor­med their Service in the Army forty days, Scutage-Service, of such as held of them by Military Service. Exercitus autem dicitur auxili­um illud pecuniale, quod concedit Princeps Normanniae facto exercitus B per 40 dies servitio, Baronibus vel Militibus, de illis qui tenent, de eis feodis, vel de tenentibus suis in Feodo Loricali: And so was the Usage of our antient English Kings after the Conquest, to grant to such as had personally, or by substitute or fine, performed their Service in the Army, Scutage-Service, of such as held of them in Mi­litary Tenure.

C Heritages partible and not partible:C. 26. & 36. Gavelkind. Tenure in Military Service and Serjeanty impartible. Heritage partible was equally divided amongst all the Sons, &c. All the Children of one Son, were but to have the share of their Father divided amongst them.

A Father that had many Sons, Ibidem. Glanvil. lib. 7. c. 1. & 3. Soccagium di­visum. could not give one a better Share than the other of his Heritage; for if he did, notwithstanding his Gift, it was to be divided with his other Lands, amongst his Sons D after his death. He could not Give, Sell, Mortgage, or any way put any part of his Heritage into the hand of a Bastard Son, but within a year and a day it might be recovered by his Heirs.

Impediments of Succession were Bastardy, profession of Religion, C. 27. Impediments of Succession. Blood attainted, Leprosie, &c.

Lands of a Bastard, if he had no issue by a lawful Wife, returned E to the Lord of the Fee.

Tenures were by Homage, by Parage, by Bourgage, by Almoign, C. 28. What Tenures in Normandy. Bordage or Tenure of servile works, Tenure of Rent or Rent Charge, &c.

No Tenent by Homage could sell or ingage his Fee, C. 29. Tenent by Hom­age could not sell, &c. without con­sent of his Lord, unless in some parts there was a Custom to sell or ingage a third part, or a less, so as there was left enough to pay F 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.

[Page 166] C. 31. Bourgage. Bourgage is a Tenure according to the Customs and Ʋsages of Bourghs, and may be bought and sold as Moveables, without the Assent of the Lord.

C. 32. Franc Al­moign.Tenure in Almoign, or Franc Almoign. So Lands given in pure Alms to God and such as serve him.

C. 33 Ward and Mar­riage. A Member of a Military Fee what?The Duke of Normandy had the Guard, or Wardship and Marriage of all Minors, which held of him by Homage, by a Fee or a Member A 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 Ʋsage belonging to it. So other Lords, of such as held of them by Homage.

The Duke and other Lords had also Reliefs, 15 l. of a Military Fee, C. 34. Relief. and 100 l. of a Barony; upon the death of the Tenents, an Earl B paid 500 l.

C. 35. Three Capital Aids, Glanv. lib. 9. c. 8. Tenents in Military Service paid three Capital Aids, one to make the Lords eldest Son a Knight, a second to marry his Daughter, a third to redeem their Lord out of Prison.

C. 39, 40, 41, &c. Glanv. l. 1. c. 28. to the end. Essoins. Essoins or excuses for delaying Suits in Feudal Pleas, were de Malo veniendi, de Malo lecti, per Servitium Ducis, de ultra Mare, de Privi­legio C crucis, &c. 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, Moveables, or Chat­tels,D were possessional.

De Tort faicte 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, &c.Of all these Pleas, and also Pleas of the Sword, the Duke hath E 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 Moveables and Heri­tages, and of Thefts; yea although they were to be determined by Glanv. l. 8. c. 9 Battle. But such as were not noble Tenents, or held by vile Services as Bordiers; and such as performed drudging and villain Services, had F no Court or Ʋsage over Tenents 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, [Page 167] 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 rendred 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 A and Arms, and ought 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 Vicount, of some in the Assize, Plaints in the Vicount, Assize, Exchequer. of some in the Exchequer.

B

In the Vicount were only Holden Simple Plaints, What Plaints in the Vicount. and the amends of Defaults in the Assize, and such Plaints as ought 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 C 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 Judgments of the Bayliffs and lesser Justiciers, and to correct their Errors, to render right to every man, D 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 Bayliff and Vi­count. that the Vicount corrected the ill Judg­ments and Errors of the base Justicies under him, and the Bayliff those E of the Vicount, and the Exchequer those of the Bayliff.

A Plaint or Clamor is,C. 57. A Plaint or Clamor what? Plantiff bound to prosecute. when any one shews 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 F him, and if his Adversary then appeared, he had leave to go without day, if the Suit were concerning a Lay-Fee, To go without Day what? and the view were made, and the Plantiff 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 shewn or viewed.

[Page 168] C. 62. Glanv. l. 2. c. 3. Witnesses, &c. Witnesses sware 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, AttorneysThere were Pledeurs, Conteurs, and Attorneys that pleaded and managed Cases in Normandy; to these are answerable our Serjeants, Barresters and Attorneys.

C. 66. View before Tryal. Land demanded by Battel or Writ of Right, Knights, &c. made the view.There were also views of several things required before Tryal, view A of the Fee, view of the Sick person, view of the Mischief done, view of the person slain, view of the defloured Virgin, &c. The view of the Fee or Land in question, when it was demanded by Battel, 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 KnightsIn Novelle Disseisines and all Plaints brought after the manner of Novel Disseisin which were for Possessions; the view might be made B 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 defloured, was made by seven Matrons of good Credit.

C

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 murdred his Father, being in the peace of God, and the Duke, and that he was ready to prove it, &c. If T. denies it word for word, and offers gage to defend himself, then the Battel was arrayed, as in this Chap­ter is further described; but if there were none to make Suit or D Clamor 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. E

C. 70. Appeal of Murder.Of Murder and Homicide, the next of Kin might have the Suit, &c. if the next of Kin were not of Age, then 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, &c. F

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 Controversie; those which were not such, or did not know or understand the matter in Controversie were not admitted.

[Page 169]It was Vacation all those times, C. 80, 81. See Westm. 1st. c. 51. in which Marriages ought not to be solemnized, 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, &c. ex­empt from Lay-Courts, except, &c. was to be taken or arrested; and if he were, was to be restored to the Church if de­manded, A and if convicted in Ecclesiastical Court, was to be degraded, and deposed from the Priviledge of a Clerk. Such Persons were ex­empt from sole Jurisdiction of a Lay-Court, unless in such matters as concerned a Lay-Fee.

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 B 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 C Coadjutors swore also that he sware 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. Se cil qui est que­relle enchet de la Loy que il a gaigee il doibt 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, &c. when the Coadjutors had sworn, the D 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 Souldiers, who are called Authentick Persons. The Amends was as much to the Lord, in whose Court it was tryed, 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.

E 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 Moveables ex­ceeding 10 s. were tryed by Law apparent. Ibidem. (possessory Actions) with us were either for Moveables, which they called Chattels, as Horses, Cows, Gold, Silver; or Immoveables, as Land, Meddow, Pasture, and all Possessions inherent to the Land, which they called Fees. Their Possessory Actions were called Simple, when terminated by Sim­ple F 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 Suerties, and of Contracts, Covenant, C. 88, 89, 90, 91. and Bargains.

[Page 170] C. 92. Feodal Plaints. Jury of twelve Knights, &c. Pleas Feodal are determined, some by Desrene or Simple Law con­cerning Moveables Feodal; and others by Enquest, which is a Re­cognition of the truth of the thing in Controversie, 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 A D'ancestor; anoter of Eschaet; another of Marriage Encombre; ano­ther of Dowres; another of Presentment to a Church; another of Fee and Gage, (i. e.) to inquire whether it were a Fee or Morgage re­deemable by the Heir in the Tenents 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 B call it; another of Sur-demand, when the Lord demanded more Rent and Services than was due; another of Lay-Fee and Franc Almoign; another of Linage denied; another of Heritage.

C. 95. Tit. vene. By Justice here i [...] meant the Sergent. Views how ta­ken.View is when the Plantiff shews 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 Serjeant, (who is here intended by the Justice) the Viewers being assembled, the Serjeant is to recite the C matter of the Plaint contained in the Writ, or cause it to be read, and then the Bracton. l. 4. c. 16. n. 4. Ʋpon View the Land was taken into the hand of the Duke, and not restored un­til the Plea end­ed. Plantiff is to shew what he demands with the bounds in length and breadth, or as we the Buts and bounds. At the time of the View, the thing shewn ought 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, Ʋt terra sit in pace. When the thing was thus shewn, the Serjeant commanded the Possessor to resaise the Plantiff, according as it was D 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 medled 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,E and the Bayliff or his Deputy that held the Assizes, demanded of the Plantiff 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, then 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 F by the Writ, and be found culpable in any thing in the Controversie of the Dissaisin, he was to amend, or fine to the Prince, and pay Damages to the Plantiff, as they should be declared by the Jury, and the Saisin was to remain to the Plantiff also, as it had been acknow­ledged to belong to him by the Jurors.

[Page 171]If the Defendant or Tenent said he would stand to the Writ,C. 95. Bracton. lib. 4. c. 19. n. 2. then 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 publickly or privately, except the Bayliff who commanded them to speak the truth in this form. By the Faith A and Belief you have in our Saviour Jesus Christ, &c. do you know the Plantiff was possessed of, or had the Saisin of the Land, which was shewn 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, least the truth might be corrupted by evil perswasion.

B When they had advised, they returned again before the Bayliff in the Assize, and if they were all agreed, one answered for the rest, C. 95. They return one answer for all, &c. if they disagreed, every one then might give his Answer. If they said the Plantiff had the Saisin Feodal, as he affirmed, and that the De­fendant had dissaised him, the Saisin was rendred to him, and the Defendant fined or amended, and then there was an Inquiry made, what Damages the Plantiff had sustained by the Dissaisin. Inquiry of Damages.

C If the Jurors said the Plantiff 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, then the Defendant remained in Saisin, and the Plantiff amended or fined; if the Jurors knew not the term, the Plantiff, if he would, might prove it.

In Pleas of Novel Disseisin, the manner of Saisin ought to be re­garded D above all things, and how it was obtained, for all Saisin, C. 95. Novel Dissei­sin. ought not to be rendred 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 entred 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.

E 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 Commande 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 Baillie, & fay dedens ce veoir la Terre & estre la chose in paix. Command R. that justly and without delay he doth resaise T. of certain Lands in the Parish F of Marbeuf, of which he hath dissaised him unjustly,There was also a time limited in our Writs of Novel Disseisin and without Judgment, 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.

[Page 172] Writs directed to the Serjeant of the Bayliwick▪This Writ was directed to the Serjeant of the Bayliwick or his De­puty, and when he received it, he appointed a day to the Plantiff 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 A out of the Princes hands, until the Plea was ended, and if either of them medled with it, his Body was to be imprisoned, until he had satisfied for his mis-doings.

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 B which the Pleas were always laid.

C. 97. Default Plea lost for not bringing it, &c.If the Plantiff made Default, the Defendant went without delay, and if he would renew his Plea, he was also to renew his Summons; the Plantiff might also for ever lose his Plea, if he slipt 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 C sa Clameur, semond le recognoissant du voisine quil soit aux primerieres Assises du Bailliage a recognoistre sauoir se B. estoit saisy en cest An, quand il mourut de la Terre que C. lui deforce a Rouen & comment, & scauoir se A. est le plus prochain hoir avoir lescheance de B. la Terre soit dedens ce veue, & soit en paix. If A. give Pledges that he will pro­secute his Clamor, A Recognition of the Vicenage. Claim or Suit, Summon a Recognition of the Vice­nage to be at the next Assizes of the Bayliage, to know whether B. D 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 Ser­jeant of the Bay­liwick. To be brought within a year and a day, &c.This Writ was directed to the Serjeant of the Bayliwick, and the further Proceedings were the same as in a Plea of Novel Disseisin. No man that was of Age and Discretion, according to the Custom of E Normandy, could have a Recognition in this Plea, unless he brought the Writ within a year and a day after it was publickly 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.F

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.

[Page 173]Concerning Dower, according to the Custom of Normandy, C. 101, 173. Dower. Glanv. lib. 6. c. 1, 2, &c. 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 Husbands death, if he was sole Heir, she had the Thirds of that Fee, if not, of so much of the Fee as fell to his share; and no man could give more than a 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 Bourgage Tenure, and then she had the Moiety. In Burgage Te­nure the Moye­ty. 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.

B 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, &c. There was a Record of the Kings or Dukes Court, C 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, &c.

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 demande Record, &c. 121. de loy qui est faict par Record. Recorders. these were called Recordatores from remembring things done in Court, Promises, Bargains, Contracts, &c. and when there was a Plea of D Record brought, the Plantiff 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 Dutchy, then the same Plea was tryed 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 Serjeant, were Recorders, C. 106. Tit. de Record de veue. but in a View of E Possession, where the Seisin was only demanded, there twelve dis­creet or lawful men, and the Serjeant, were sufficient.

In the View of Languor the four Knights sent to the Person,C. 121. are called Recorders, and that called Record de veue 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 F Church was taken into the Dukes hands, and the Bishop prohibited to present during the Plea, or the Ecclesiastick Courts to meddle with it. Yet if the Patron presented not in six months, the Bishop of the Diocess presented. The Writs I omit being near the same with those in Glanvil. The Writs in this Plea the same with those in Glanvil.

[Page 174] C. 113. Tit. de 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, &c. the one is called Establie, the other Recognition of Surdemand, and they proceeded by Writ, &c. by these Writs inquiry was made concerning the Propriety of the Fee, and to A 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. se plainct de B. qui lui demand a tort vne Terre a Roven de quoy il demand l'establie au Duc de Normendie pur recognoistre le Scavoir se quil y a greigneur droict, celui qui tient, ou celuy qui demande. 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 B Serjeant 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, then 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 C 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 adjoyning, 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 Tenents 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 D son fief, purquoy il demande 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 quil soit an primieres Assizes du Bailliage pour dire de ce la verite. 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 E 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 Lay-Fee and Alms, by which the Fee was tryed whether it was Lay or Almes, when it was F 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 tenne dedens ce, &c. If A. gives Pledges to pursue his Claim, summon a Recognition of the Vicenage to be at the first Assizes of the Bayliwick, [Page 175] to discover whether the Fee which B. demands, be Almes to him that holds it, or Lay-Fee to him that exacts it. Let there be a View taken of it, &c. no man in Normandy could make a Lay-Fee pure Almes, without the Grant and special Assent of the Prince, for he had the Jurisdiction and Seigneury 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.

A'Tis said in this Chapter it was a Custom in Normandy long ago,C. 119. Courtesie 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 Glosse 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.

B

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 doibt 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, C the Debtor is to swear he ows 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 D Henry de Bracton, who was a Judge in the Reign of Henry the Third, the Subtleties and Niceties of our Antient Law were so much in­creased and multiplied, that it became very bulky and dilatory, as well as perplex'd and intricate.

Amongst others we find in the old Norman Law, our Writ of Right, or Grand Assize, the four Writs of ordinary (d) Assizes, that is of d. Novel-Disseisin, Mort D'auncestor, D'arrein Presentment, & Ʋtrum.

E

By the manner of Tryal 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 F Writ) because briefly and in few words, it declares the matter in [Page 176] debate, and the mind of the Plantiff, 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, &c. 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,A David de Garpenvilla quod sint coram Justiciariis ad primam As­sizam cum in partes 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 B 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, &c. & Prior venit & defendit jus Warini; Warinus vero obtulit vers. Priorem, quod Walterus C Grossus Avus ejusdem Warini saisitus fuit de illis viii. Caracutis cum pertinentiis Tempore Henrici Patris, &c. ut de jure & haereditate, &c. Prior defendit, &c. per quendam liberum hominem & vadia data fue­runt ex utraque parte, 2 do. Johan. fol. 14. a. &c. 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 D 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, &c. 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 Free-man, (a Champion that he brought, who denied E Warin's Plea, and sware 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,F de Terra de Chershal summoniti fuerunt ad ostendend' quomodo Assiza ista capta fuit, &c. Dicunt quod ipsi coram Roberto Whitefield, Rado Archidiacono Hereford, Roberto de Salopesberie, nunc Episcopo de Bangor, &c. tunc Justiciar. Juratam fecerunt de Assizâ Novae Dis­seisin', quam tulit Robertus de Huntingland vers. Robertum de Wood­cote, de Terra de Chershall, de qua Robertus de Woodcote eum dis­seizet. [Page 177] Ita quod Idem Robertus remansit in misericordia pro Disseisina, Rot. 2o.

Adam de Chetwind, Peter de Eiton, &c. 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 shew how that Assize was taken; do say, that they before Robert Whitefield, Ralph Archdeacon of Hertford, and Robert of Shrewsbury A Bishop of Bangor, &c. 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 B 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 shewed 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. &c.

In a Plea whether the Donation of the Priory of Thornholm be­longed to the King or John Malherbe. Dominus Rex mandavit per C Breve suum quod Dominus G. fil. 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 Avunculi sui, & pro statu animae suae dedit & concessit in perpetuam Elemosinam Deo & Ecclesiae Sanctae Mariae & Canonicis Regularibus locum suum in Bosco D 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 Nevill, Rob. de Basingham, Richardus Ottringham, Willielmus fil. Drogonis, Wil­lielmus E de Grimesby, Eustachius de Ledenhanc, Willielmus de Baio­cis, Quaesiti dicunt, &c.

From this Plea it may be noted, that Knights as well as ordinary Free-men or Free-holders were antiently 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 Mathew de Gurnay & Gilbertum Runhale, Rogerus de Ho, Umfr. de Miliers, Thomas filius Willielmi & Ro­bertus F Baynard, quatuor Milites summoniti ad Eligendum duodecim ad faciendum magnam Assizam inter Matheum de Gurnay peten. & Gil­bertum Runhale tenen. &c. 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, &c. Rot. b.

In an Assize of Darrein Presentment, Milites qui fecerunt Inquisi­tionem [Page 178] 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 Sur-demand 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 A non cognoscit se ei ea debere, unde eadem Eda, quae tenens est, ponit se in magnam Assizam Domini Regis, &c. Rot. 4o in Dorso.

In the Controversie before mentioned, between the Abbat of St. Al­bans, and Galfrid de Childewike, &c. for Hunting in his Liberty with­out License, 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, &c. Mat. Paris recites the whole Plea and Process of the Suit, which is wor­thy B 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 Tryal 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 Tenents in Capite, or other Military Tenents, and likewise in all Pleas that related to Mili­tary or Noble Fees, as it was in Normandy, where though it appears, it C 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 Tryal 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 D 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 E 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 faicte. 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 F 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 Concil. Herdens, An. Dom. 524. B. in Concil. Tom. 2. f. 628. Sect. 1. oportet à septuagesima usque in Octavas Pascha, & tribus Hebdomatibus ante festivitatem S. Johannis Baptistae [Page 179] & ab adventu Domini usque post Epiphaniam nuptias celebrare, quod si factum fuerit, seperentur.

Nullus Christianus Concil. 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.

Ʋt tempora interdicta ad celebrandum nuptias non possunt aliquando A ex ignorantia excusare monemus Concil. 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 Concil. Saxon. Epha­men. in the time of King Ethel­red. Spel. Con­cil. Tom. 1. fol. 518. c. 18. Con. 2. Instit. Westm. 1. c. 51. fol. 264. See Cokes 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.

B 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 C 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 Stat. 32. Hen. 8. c. 21. abbreviating our Trinity and Michaelmas Terms; the first of them in the end, and D the Stat. 17. Car. 1. c. 6. Practice 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 Proceedings and Tryals thereupon, was very near, if not altogether the same, both here and in Normandy. Save that the Practise here was very much inlarged 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 E 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 F 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 Topicks, 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 [Page 180] 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 Neece of Edward the Confessor, which was A 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 surmize only in their Argument, upon the case of Te­nures, fol. 36.

But though Sir Edward lays a great stress upon this Author there, yet he himself is of another opinion in another 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 B 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 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 C 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 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. D

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, E (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 learnt 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 learnt F 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 whimsey of Rovill in his Preface to the Grand Customer, no Body that considers, what Lib. 2 de Gest. Reg. f. 44. b. n. 20, 30, &c. Malmsbury and other ancient Historians report [Page 181] of the Confessor, that he was a weak easie man,Edward the Confessor unfit to make Laws. not fit for Govern­ment, will ever believe he could contrive a System of Laws, and so adapt them to the Genius and Humour of the Normans, that they should quit their own, and receive new Laws and Customs from him, if it were not almost a Contradiction to call a Custom new. I need not say more to satisfie any judicious Person, that the Grand Customer of Normandy was the Law of that Country, and not made by Edward A 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 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 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 Epistle to the Custom of Normandy, collected by George Lam­bert, &c. print­ed at Roven, 1588. Ca­bal, Traditional and unwritten, for at least 800 years, and were im­posed B upon his Subjects of England by William called the Conqueror: But what answer would Sir Edward have made, if he had been asked whether William did not also carry our Laws into old Germany, for there, in Normandy and England, were in a great measure the same Laws, only the Normans used a more formal, and perhaps rigorous and strict method in the Practise and Execution of them which they brought hither.

From these Observations concerning the Laws in use, at, and pre­sently C 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 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 D whom and to what they were raised. All Divine and Humane things he ordered at his pleasure, and after the Historian hath recounted in what things he disallowed the Authority of the Pope and Archbishop, he concludes thus, But what he did in Secular Matters, I forbear to write, because it is not my purpose, and also because any one may, from what hath been delivered in Divine Matters, easily guess what he did in Secular.

Somewhat also to this purpose Ingulphus Hist. Croy­land. f. 512. a. b. All Earldoms, Places of Honor and Profit gi­ven to the Nor­mans. informs us, that by E hard Usage he made the English submit, that he gave the Earldoms, Baronies, Bishopricks, and Prelacies of the whole Nation to his Nor­mans, and scarce permitted any English man to enjoy any place of Honor, Dominion, or Power.

But more express and full to this purpose is the account we have in De Neces­sar. Scaccarii observ. de Mur­dro in M. S. Calo-Gonvil. p. 35. a.b. Gervasius Tilburiensis of the Conqueror's dealing with the Na­tives, more valuable than the Testimony of a hundred others, which he thus delivers. After the Conquest of the Kingdom, and just sub­jection F of Rebels, when the King himself and his great men had viewed and surveyed their new Acquests, there was a strict enquiry made, who there were, which fighting against the King, had saved themselves by flight. From these and the Heirs of such as were slain in Fight, all hopes of possessing either Lands or Rents were cut off, for they esteemed it a great favor to have the benefit of their Lives. But such as were called and urged to fight against William, and did not, if [Page 182] in process, of time they could obtain the favor of their Lords and Ma­sters, by an humble obedience, and obsequiousness, they might pos­sess somewhat in their own Persons, without hope of Succession, their Children only enjoying it, afterward at the will of their Lords, to whom, afterwards when they became odious, they were every where forced from their Possessions, nor would any restore what they had taken away. When a commune miserable Complaint of the Natives came to the King, that they thus exposed, and spoiled of all A things, should be compelled to pass into other Countries; at length after Consultation upon these things, it was Decreed, that what they could by their deserts and lawful bargain obtain from their Lords,Perhaps from hence might be the Original of Freeholds or Copyholds of in­heritance after the Conquest. they should hold by inviolable right, but should not claim any thing from the time the Nation was overcome, under the Title of Successi­on or Descent: Ibidem. Upon what great Consideration this was done, it is manifest, when as they were obliged by a studied compliance and obe­dience, to purchase their Lord's favor; so therefore whosoever of the B 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.C Bacon's Semper Idem. The late Learned Lord Chancellors Survey of Hobbs his Leviathan, p. 109, 110. And many other works of emi­nent Persons of the long Robe, or indeed any of our English Histori­ans, and therefore I am necessitated to dwell the longer upon it. That I may give all just satisfaction to such as desire to inquire into the va­lidity of their Arguments and Authorities by which they would per­swade,The Arguments used to prove the Common Law of England was not the Norman Law. nay convince the World, that the Common Law, and Cu­stoms in use, and practice in their times, were the same that were in D the Saxon times, and never altered or changed by the Conqueror.

And beyond them all, 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 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 E find cited to that purpose in this Preface to the third part of his Re­ports, is a Writ of Novel Disseisin, out of Glanvil Lib. 13. c. 33. l. 4. c. 16. n. 2. and Bracton in this form: Rex Vicecomiti Salutem; Quaestus est nobis A. quod B. in­juste & sine judicio disseisivit eum de libero Tenemento suo in E. &c. 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 partes illas venerint, & interea facias F 12. liberos & legales homines de viceneto illo videre tenementum illud, & nomina eorum imbreviari.

From this Writ in Glanvil, who was made 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, [Page 183] which though I think is not to be collected from this Writ, is readily granted to him, there were such Officers, Sciremen, Sciregerevs, 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 inforced from this Writ, nor proved A 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 Judgment, as ap­pears by the Text it self. 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, B 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 shewn, 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 P. 64, 65. The Saxons Proceeding in Judgment, was de Plano with­out Writs, &c. Manitio ac­cording to the Saxon way in Germany. Archion, where he says that the Saxons pro­ceeding in Judgment, was de 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, C which they termed Theies, 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 Pro­ceedings 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 D the Antiquity of our Law affirms. 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 Glanvill'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 E 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 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.

F 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, &c. 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.

[Page 184]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 A 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, Burgage, Villenage, Assize, Mort D'ancestor, Novel Dis­seisin, Court, Vice-Comes, Consuetudo, Custuma, and a great num­ber B more in the Book of Tenures and elsewhere obvious, which Mr. Somner P. 104. sayes 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 C upon this Subject, in his Prefaces to his sixth, eighth, and ninth Parts of his Reports, but chiefly in the two last, and prosecutes his Arguments upon his second Topick from History, which shall be considered in the Answer to a Book Intitled Argumentum Antinorma­nicum, where they are all repeated, and therefore on purpose passed over in this place.

DEF

William the First, A COMMONLY CALLED, The Conqueror.

Dudo de moribus & actis Norman­nor. fol. 63. B.C. THE Danes and Norwegians under Hastings or Anstings their former Leader, having harassed and wasted a great part of France with Fire and Sword, Ibid. 66. B. C. the B 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, Ibid. 75. D. An. Dom. 876. do now again under the Conduct of Rollo, at the Ib. 76. C. Instigation of Hastings, come with their Fleet out of the Ri­ver (a) Scheld into the Mouth of the River (b) Seyn, to whom Franco Arch-Bishop of Roan with his whole Country sent for Protection a. and submitted; By this means having here a place of settlement,b. C he Invaded the other parts of France, and attempts Ib. 79. b. Paris, Rollo comes into the River Seyn, Arch-Bishop Franco begs his Pro­tection. and assisted with Ibidem. English and other People that resorted to him, often defeats the French, and became so formidable, that Charles the Simple at the Ibid. 81. D. 82. A. Instance of his People, and 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 to the Sea, then called c. Neustria, now Normandy from these Northern Men, which because it was then almost wast, uncultivated, and unpeopled, and the Corn D and Cattle destroyed, he gave him also Brittany for their present support, that from thence they might take all Necessaries to sustain them; and likewise his Daughter Gisla to Wife, Ib. 79. B. He is Baptized An. Dom. 912. upon Condition he would turn Christian, which he did accordingly, and was Ib. 84. C. And his whole Army. Bap­tized by Franco, and named Robert by his Godfather Robert Duke of France the Kings Brother; and afterwards caused all his great Commanders, Soldiers, and whole Army to be instructed in the Christian Faith and Baptized. Ibid. 85. A.B. He shares his Land, gives some part first to the Church. Will. Roberts Bastard. Before he measured out his E 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 Gemetic. lib. 8. c. 3. William was Natural and only Son by Her­leva or Herlotta his Concubine, Daughter of Fulbers his Chamber­lain F or Groom of his Chamber, Robert out of Orderic. vital. fol. 459. Devotion, against [Page 186] the mind of his People,Robert goes to Jerusalem. going to visit the Sepulchre of Christ at Je­rusalem, Gem [...]t. lib. 6. c. 12. D. called together the Arch-Bishop, and other the great Men of his Dukedom, and caused them to do Homage and Swear Fealty to his young Son then about Eight years old, as their future Prince and Lord, appointing Malmsb. degest. reg. fol. 53. b. 30. Gilbert Earl of 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 Ibid. c. 13. An Dom. 1035. Robert dies. Nice in Bithynia; After his death many near to A to the Dukedom, of his Fathers Relations, Conspired against him, 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) for before that time many had succeed­ed their Fathers in this and other Countries, as if they had been d. lawfully begotten; others openly invaded the Title, and waged War B for the Dukedom;His Tutors privately Murthered. The first of whom was Gemet. lib. 7. c. 3. Roger de To­ney Arms a­gainst William. Roger de (e) Toenio Standard-bearer in all Normandy, a Descendent from Malahulcins, e. 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 C William, and enters the Territory of Humphid (f) de Vetulis, wasting it with Fire and Sword, whose Son, Roger de Bello-monte or Beaumont, f. encountred 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.

Gul. Pi [...]av. f. 179. D. 180. A. B. After him (g) Guy Earl of Vernon and Brion pretended to the g. Title of the Dukedom, who with the assistance of Nigel Governor of Constantin, or the Territory of (h) Constance, Raynulph Viscount of Bayeux or Bessin, and the greatest part of Normandy, resolved to try D h. 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. E [Page 187] These Clowds blown over, William receives a greater Trouble from Galfrid Ibidem. fol. 181. D. Martel Earl of Anjou, who having subdued Tedbald Earl of Tours, and taken that City from him, and seised 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 a sudden fear, he fled with his Army, and Damfront submitted to the Duke so soon as he came before it. Ib. 184. B. After these (i) William de Archis or Earl of (k) Arch, not being forewarned or restrained by the Ruine of Guy, or overthrow of Martel, Arms against William, for­tifies i. and Mans his Castle of Arches against him, Ib. 18. C. Henry King of France comes to his relief, and his Army intercepted by Ambush. to whose Re­lief k. 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 B then considers what he had Ibid. D. His Castle is taken, and Earl William taken into fa­vour. done, repents he had abetted the Earl of Arche, and marches back; The Castle then reduced to mi­serable straights, and the Defendents 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 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. C These 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 Kings Brother, and his most familiar Friend Rainold, entred the Country of Caux; the D other Commanded by the King himself, enters the East part of Nor­mandy, and proceeds towards Eurux and Roan;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, Ib. 187. B. the other under the Command of (l) Robert Earl of Ou or Ewe. Hugh Gornay, * Hugh Montfort, Walter Giffard, * William Crispin, and other va­liant l. 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 E 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 Ibidem, 188. A. Martel by the help of William Earl of Poictou, F and Eudo Earl of Brittaine, besieged and assaulted; but so soon as William approached to relieve it, they fled.

[Page 188]Soon after the Guil. Pict. 1 [...]8. B.C. The King of France and Martel enter Normandy a­gain. King of France breaking the Peace, entred Normandy again with a great Army, to whom Geoffry Martel joyns what Forces he could raise, and by quick Marches came through the Country now called 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 A 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 B Assistant to William, and whose Daughter 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 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 C his People they should seek for no other Lord; but they set up Wal­ter Earl of Mayn, who had Married the Sister of Hugh; Ibid. D. The Anjovins submit. yet not long after, being wearied with the Incursions of William, they joyfully received him as their Lord. Gul. Pict. 196. C. These Successes and the Fame of his Piety, by founding, endowing, and advancing Churches and Monasteries, spreading through France and the adjacent Coun­tries, brought a great frequency of Foreign Nobility to his Court, as well Ecclesiastick as Secular, some esteeming it a favour to be al­lowed D 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, Ibidem. none daring to Arm against him, that he provided for the security of Church and State, Ib. 193. B. C. D. and 194. A. B. discouraging the Loose, Luxurious, and Prophane Ecclesiasticks, encouraging the Sober, Learned and Pious; taking care also of the Cause of the Widow, Poor, and Fatherless, by quickening the Execution of the Laws, and where they were not E 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 Here in Ed. Confessor. Of the easie Conquest of England. The Clergy Ignorant and Debauch, and Nobility Loose and Prophane, &c. of viewing and observing the chief Fortresses, Cities, and Castles, when he was in England, were no small Advantages towards the Conquest of it:F But that which made it easie, and the Possession more peaceable, were the irreconcilable Feud between Harold and his Brother Tobi, the Malmsb. vit. Gul. 57. a. n. 54. ibid. b. n. 10. Mat. Par. vit. Fred. Abb. 46. n. 30. Loosness, Debauchery, and Ignorance of the English Clergy [Page 189] and Nobility, In the Manusc. Book of Addita­ments, fol. 79. b. cit [...]d by Dr. Watts his Notes upon Mat. Paris, fol. 3. the large Possessions of Religious Houses, which if they had been in the hands of Temporal Lords, would have enabled them to have made Resistance, but being in their hands, (m) they neither would, or ought to oppose him, who they thought had right to the Kingdom.

And lastly, The different and jarring Saxon, Danish, and Norman m. A Interests, which inclined them several ways,See the Reigns of Etheldred. Harold the 1st. Harde-Cnute, and Edward the Confessor. the Saxon Nobility and People would have had Edgar Atheling the right Heir of that Line their King: The Danish would have brought in Swain King of Denmark, who claimed from Harde-Cnute, and both perhaps against the Norman Interest, as being lately introduced in the Reign of Ethel­dred by the Marriage of Emme, except such as by the example of Edward the Confessor, were inclined to, and trained up in the Nor­man Modes and Customs,Norman Bi­shops and Great Men before the Conquest. who preferred many of that Nation to B great Dignities; so that in this time there was Scriptor Norman. 1023. Robert Arch-Bishop of Canterbury, William Bishop of London, In Append n. 9. al. Wulsus who obtained the Charter of the Liberties of that City from the Conqueror, Ʋr­sus Bishop of Dorchester in Oxfordshire, the greatest Diocess in Eng­land, all Normans; Randulph Peverell in Essex, Fitz-Scrobi in Salop, Ralph Earl of East-Angles, Danbin de Bear, Hugolin his Chancellor and Steward, Swein of Essex, Alfrid the Yeoman of his Stirrop, and many other Laicks, Men of great Power and Reputation with C 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, 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 D some of his Men, by a mistake landing at that place, he thence ad­vanced to Dover, whither, though an innumerable Multitude of People had betaken themselves, as to a place by reason of the Castle inexpugnable, yet dismayed with the Conquerors approach, the place with all readiness submitted to him,Dover yields. who after eight days For­tification of it, marching from thence, and leaving his sick Men there, not far from Dover, the Kentish Men of their own accord came in to E him, sware Fealty, and gave Hostages for the performance of it;The Kentish Men of their own accords come into William. Ib. 205 A. B. &c. Canterbury sends h [...]r sub­mission. Canterbury also sends her Submission, and the next day he came to the Broken (b) Tower, proceeding forward, and understanding where Stigand the Arch-Bishop, with the Earls Edwin and Morcar, and b. 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 F [Page 190] into the City, not without the Slaughter of many by the way; This Action was followed with the Firing of all Buildings on that side the River Thames, Arch-Bishop Stigand de­serts Edgar. and proceeding whether he pleased, passing over the River at Walingford, whether Stigand followed him, who deserting Edgar, made his Peace with William, and owned him as his Sove­raign;London sub­mits, and gives Hostages. proceeding from hence, so soon as he came within sight of London, the People there, as well Citizens as others, which were many, submitted themselves, and (as the Kentish Men had done)A 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 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 B 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. Ibidem, D. 206. A. An. Dom. 1666. They dare do no otherwise being over­awed by his Army there present, Hov. f. 258. a n. 10. The day de­signed for his Coronation was Christmass-day, when much People, as well English as Normans, assembled at Westminster, where Aldred Arch-Bishop of York, after an Oration to the English, asked them, if they consented he should be Crowned, who all chearfully with one Voice consented; The like being done to the Normans by the C c. Bishop of Constance, and their consent declared, (c) he was Crowned by Aldred, (the Arch-Bishop of Canterbury Stigand being then ana­thematized by the Pope) in St. Peters, the Abby Church at West­minster, in the presence of many Bishops, Abbats, and Noblemen.

After this Solemnity he looked into the Treasury of Harold, Gul. Pict. [...]06. B. C. D. Harolds Trea­sure distribut­ed. To his Fol­lowers. To St. Peters Church at Rome. wherein were found vast Riches, part of which he distributed amongst such as were with him in the Battle, and some to the Poor D and Monasteries. His Treasury was much increased by the Gifts d. and Presents from Cities, Towns, and all Rich Men, to their new Lord, of which he sent to the Church of St. Peter in Rome, and lodged in the hands of Pope Alexander an incredible Sum of Gold and Silver Money,And to 1000 other Churches, &c. besides Ornaments; he sent also to a thousand (d) 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 E following, 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 [Page 191] of the Church, Ibidem, 108. B. then departing from London, he staid some time at (e) Berking, while those Places of Strength were perfected which e. 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 Ibidem. Edwin, Mor­car, and o­thers Swear Fealty. Ibidem, C. Edwin and Morcar, with many more great Noblemen, whom upon their swearing Fealty A 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 Order. Vit. 506. B. He Garisons the Castles and Places of Strength. stout French Captains and Governors, with many Foot and Horse, to remain in and Gari­son in the Castles every where, giving them great Rewards for the Labours and Danger they should undergo; he seemed kind to all, but more especially to Edgar 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 B 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 *. 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 * 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 C 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 Ord. vit. 506. C. power well, others wanting all modesty, immeasurably oppressed such as were under them. 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 Arch-Bishop Stigand, Agelnoth Abbat of Glastonbury, the three Earls Edwin, Morchar, and Waltheof, (f) Egelnod and others of the highest and chiefest Nobi­lity, D and Bishops. 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) Fis­cann Abby, dedicated to the Holy Trinity, whither came the great Earl Rodulph, Father in Law to the King of France, and much f. French Nobility, who with the Normans curiously viewing the Eng­lish, g. 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 E them; they also admired the Silver and Gold Vessels, concerning the number, largeness, and gracefulness of which, incredible things might truly have been reported. 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 F [Page 192] 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 Bulloigne, and the Kentish-Men attempt Do­ver Castle, and are beaten off, or retire. then the Kings Enemy, and invited him to join with them in the surprizal 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,A 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 h. time (h) 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.

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 B mightily oppressed by their Pride and Insolencies,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 C consult with one another, how they should shake off this Yoke▪ i. and thus provoked, they apply themselves to (i) Eustachius Earl of Bulloinge, &c. as in the former Relation. Ibid. 509. B. C. D. Eustachius Earl of Bul­loing joyns 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 Diepe on the Sixth of De­cember, and that night passed over to Winchelsea, and brought with D him (k) Roger Montgomery, whom, with his Wife, he had left Go­vernor of Normandy upon his Expedition into England, to him he k. gave Chichester and Arundel, and some time afterwards the Earldom of Shrewsbury. He keeps his Christmass at London; Ca­joles and flat­ters the Eng­lish Nobility, and likewise the Welsh. He kept his Christmass 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 E Crafts and Treacheries; all Cities and Countries where he had been, and placed Garisons, readily obeyed; the West and North parts only gave him Disturbance, and first Ibid. 510. A. B. C. D. Exceter stands out against him. Exceter 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,F Gemet lib. 8. c. 37. [Page 193] 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 A 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 B 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 Garison. 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 Arch-Bishop Aldred. King Henry I. born. De gest. pont 154. b. n. 10. who was Crowned by Aldred Arch-Bishop of York on Whitsunday following; and before the year was out, she brought forth Henry, afterwards King of England. Upon C this his return into England, he imposed an importable Tribute upon the English, which Malmsbury reports thus; That Aldred Arch-Bishop 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 D Friends to appease and quiet the Arch-Bishop, but before they came to him he died with Grief.

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 E him, as it were his Prisoners, and to shew 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) 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 F be any ways advantageous to his Enemies; he built a Castle at [Page 194] m. Warwick, and gave the Custody of it to (m) Henry de Bello-Monte, so that these Brothers reflecting upon the doubtfulness of their Success,They crave favour. crave favour, which was but in shew only granted them; he then also built Nottingham Castle,Which was in shew 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 n. placed there a Garison of choice Soldiers. (n) Archill also, the most A 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 sware to a faithful Compliance with William. Lincoln and Huntington Castles built. In his return from this Expedition, he built Castles, or made Places of Strength at Lincoln, Huntington, and Cambridge, placing in every one of them stout Commanders. Sim. Dun. Col. 19. n. 56. Afterwards Marleswen, (o) Gospatric, and the most Noble of the Northumbrians B o. 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 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 C 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 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; p. Hugo de (p) Grentmesnil, who presided at Winchester, Humfrid de D Teliolo Governor of the Fort at Hastings, and many others returned into Normandy, Some of them return. sorrowfully and unwillingly deserting the King; Ibidem. His Soldiers likewise wearied with the Desolations of the Country, where they saw nothing but Burnings, 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 E with a plentiful Reward for their Services. 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 [Page 195] Place, and Inhabitants of the Country severely, they Conspired against him, killed him and most of his Men.

Soon after they killed (q) Robert Fitz-Richard, Ord. vit. 512. C. Mar [...]eswen, Gospatric, and Edgar Athelin attempt York Governor of the Garison at York, with many others; Flusht with this success, (r) Marleswen, Gospatric, and Edgar attempt York, where William Mallet then Commanded, who being much distressed by them, the A King made haste to relieve, which done, he built there another q. 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. Ibid. 213. B. C. D. The Danes assist the Eng­lish. King Sweyn of Denmark, much sollicited 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 B which they made many Descents; S. Dunel. Col. 198. n 40. At length having joyned a Fleet provided by Edgar, (q) Waltheof, (r) Marleswain, and many others,q. they came into the Mouth of the River Humber, where they received r. Gospatric with the whole Force of Northumberland; with which united Strength, about the middle of September, And joyning 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 Vice-Comes, his Wife, and two Children, Gilbert de Gant, and some few others having C had their Lives spared. Ibid. Col. 199. n. 2. The Conque­ror marcheth with a great Army into Northumber­land, wasts 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 depart without Fighting; to which he agreed. The D Ibidem. n. 20, 30. Northumber­land void of Inhabitants. Nation now was so destroyed by the Normans, and especially Northumberland, that between (ſ) York and Duresm, it was wholly ſ. void of Inhabitants, and lay wast the space of 60 Miles; Ibidem, n. 50. he t. remained some time with his Army between the Rivers (t) Tees and Tine, where he found the Houses empty, the Inhabitants having fled for their safety unto the Mountains, and into Woods; 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 E 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 Ibidem, 516. A. He quiets Mercia. safely with his Army at Chester, he quieted the whole Country of Mercia, (*) and (u) Edric the Forester was reconciled to him; which done, he raised *. a Fortress there, and another in his return at Stafford, and placed u. F [Page 196] strong Garisons in both; From thence he marched to Salisbury, where largely rewarding his Soldiers for this Expedition, dismissed them. While S. Dunel. Col. 200. n. 20.30. Col. 201. n. 20, &c. Malcolm King of Scots waste▪Teesdale▪ Cleveland, &c. 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) Were, and passed into Scotland, the Danes all that time doing nothing further against the King, or returning x. home; when Malcom King of Scots, with a great Multitude, pas­sing by Cumberland, Gospatric wastes Cum­berland. then in his power, wasted and plundered Tees­dale,A Cleveland, and Holderness, carrying away great Spoils and ma­ny Men and Women,Ibidem, n. 30, &c. 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 In­rode returned home, he Married Margaret Sister to Edgar Atheling.

Paris in vita Fred. Ab. fol. 49. n. 10. See the An­swer to Argu­m [...]ntum An [...].Not long after Lanfranc was made Arch-Bishop of Canturbury, the stout Abbat of St. Albans Frederic practised with many of the No­bility,B to have made Edgar Atheling King; and notwithstanding a Peace made with William, yet fearing lest he or his Arch-Bishop should vent their fury upon him, left his Convent, and went pri­vately into the Isle of Ely. S Dunel. Col. 203, 22. Frederic Ab­bat of St. Al­bans, 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 C (besides Abbat Frederic) Agelwin Bishop of Duresme, Siward called Barn, Walter Bishop of Hereford, and many other great Men of the English, Dugd. Hist. of Draining. fol. 186. who sent for Ingulph. Hist. Croyl. 511. a. n. 42. They send for Hereward, and defend it a long time. Hereward, or Heward, (y) a great y. Soldier, and one that was famous, and had merited much byond Seas, to be their chief Commander; particularly importuning him on the behalf of Thurstane, then Abbat of that place, and his Monks, whose the whole Island was, and on their behalf the same was for­tified against the King; Hist. Eliens. in Bibl. Cotton. sub. Effig. Titl. A. 1. fol. 87. a. who often attempting it by Land, and D 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 (*) Guards on the outsides thereof; Of which the Monks having no­tice, *. they forthwith consult with their Abbat, and resolved not only to yield peaceably to the King,The Abbat of Ely and the Monks yield the Isle to the King. on Condition he would restore unto them freely and honourably all their Lands belonging to the Church,E but to give him one thousand Marks, and accordingly sent their Pro­posals to the King, who willingly accepting them, they admitted [Page 197] his Forces into the Isle privately, and gave him possession thereof without resistance, and all the great Men submitted, only Heward made his escape. 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. 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 A 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 B tottering Ruins of his Country.

And when the rest of the Noblemen rendred themselves in hopes of the Kings favour, he only refusing, would not submit,Ibidem, fol. 512. a. n. 50. b. n. 2. And disposeth all the Tem­poral and Ec­clesiastick Pref [...]rments to his Nor­mans. but got away to some other place; Ibidem▪ fol. 511. b. n. 20. yet afterwards he made his Peace, obtained his Estate, died in quiet, after very many Conflicts with William, his Earls, and Governors, and was buried in Croyland Ab­by. The Con­queror divides the Nation amongst his Followers. The Conqueror having thus baffled Edwin and Morcar, C one being dead, and the other in Prison, he divided the Nation among his Assistants and Followers; by hard usage, Imprisonment, and Banishment, he made the English submit. The Earldoms and Baronies, Bishopricks, and Prelacies of the whole Nation he gave to his Normans, and scarce permitted any Englishman to enjoy any place of Honour, Dominion, or Power. Ord. Vit. 521. D. 522. A. William Fitz-Osbern Earl of Hereford, &c. Gherbod Earl of Chester. After him Hugh Auran­ches. To William Fitz-Osbern Sewer of Normandy, he gave the Isle of Wight, and Earldom of Hereford, and placed him, (a) Walter Lacey, and others, to oppose D the Welsh. To Gherbod a Flemming, he first of all gave the Town and County of Chester, who by most urgent Affairs being called into a. his own Country, and by his Enemies kept Prisoner till death, he gave them to Hugh (b) 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. 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 b. Salop ▪ To Waltheof he gave Ibid. 702. C. Waltheof, Northampton and Hunting­ton. Northampton and Huntington, with E his Niece (c) Judith. To Walter Giffard the County of Buckingham. c. Walter Giffard Earl of Buck­ingham. [Page 198] d. To William (d) Warren the County of Surrey. To Odo Son of Ted­bald, William War­ren had Sur­rey. Earl of Blois, that Married King Williams Sister, he gave Hol­derness. To Ralph (e) Guader the Earldom of Northwic or the East-Angles. e. 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, &c. with great Power and Honours. (f) To Hen. de Ferrariiis the Castle of Tutbury; and to many Strangers and others of mean f. Quality,Odo Earl of Kent. he gave many and great Honours, insomuch that they had A here in England Clients and Dependants far richer and more power­ful than their Fathers were in Normandy.

His Brother Odo, by the Mothers side, received from him the Earldom of Kent, Ord. Vit. 522. D. was a Count Palatine, and gave Laws as Viceroy, or Ibidem. second King, and was Justiciary Justiciary of England. of Eng­land, the chief Man for Administring Justice under the King; and after the death of William Malms. 62. b. n. 53. Fitz-Osbern, he was Vice-Dominus B or Vidame of all England under the King. Besides those in Kent, 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 Norfolke 22, in Warwickshire six, in Lincolnshire 76; in all 439.

To Orderic, 523. A. Geofry Bishop of Constance had 280 Lord­ships. Geofry Bishop of Constance in Normandy, who was often C his Lieutenant-General after the Battle of Hastings, he gave 280 Maners, which he left to his Nephew Robert Molbray, made Earl of Northumberland by William the Conqueror,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 Malmsb. 88. b. n. 46. Cornwall given him, and in that 248 Maners, 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 Burrough of Pe­vensey, in Devonshire, 75, and a Church and House in Exceter, in D Yorkshire 196, in Wiltshire five, in Dorsetshire 49, in Suffolke 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 Vincent, fol. 57. Alan E Fergant Earl of Britane in France, whose Grandmother Hawis was Great Aunt to William the Conqueror; This Ord. vit. fol. 544. C. Alan Married F [Page 199] Constance, Daughter to King William, to 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. Ibid. & Cambden in Richmondshire. The Conque­rors Grant to the Earl of Brittain. Ego Gulielmus cogno­mine Bastardus Rex Angliae do & concedo tibi (g) Nepoti meo Alan [...] co­miti Brittaniae, & haeredibus tuis in perpetuum omnes villas, & terr [...]s, quae nuper fuerunt Comitis Edwini in Eborascirâ, cum feodis militum, & g. Ecclesiis, & aliis libertatibus, & consuetudinibus ita liberè, & honorisicè, A 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 Brittain, and thy Heirs for ever, all those Towns or Villages, and Lands, which were lately Earl Edwins in Yorkshire, with Knights 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 Ibid. in Registro de Richmond. Gildable, (that is) paid a Rent, Tax, B or Custom to the King; but by his favour they were changed into a Liberty or (h) Honour, which was the Northern part of Yorkshire, h. now called Richmondshire. Being possessed of these Lands, he built a Castle Ibidem, Richmont Castle built. Why so called. and (i) Place of Strength by his Capital Mansion of i. Gillings, for the defence and safety of his People and Tenents against the English and Danes, then thrust out of their Estates and Inheri­tance, and named it Richmont, according to the French denomi­nation, which signifies Rich-Mount or Hill, it being situated upon C the highest and most pleasant part of all that Territory.

For the guard and security of this Castle,It was Guard­ed by the Earls Te­nents. his chief Tenents 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 fil. Roberti in Castro Richmond ad Capellam Sancti D 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 Chappel of St. Nicholas.

The place of the Constable in the Keep, Ibidem inter feoda milit. he had six Knights Fees and an half.

E

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 Kit­chin and Brew-House.

[Page 200] 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.A

He had two Fees.The place of Tho. de Burge, on the West part of the great Chap­pel, by the Cannons in the Wall.

He had in this part of the Honour of Richmond in Yorkshire Ibid. b. 68 Knights Fees and an half, and had here at the time of the Survey 166 Lordships, Maners, 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 B Dwelling-Houses in Cambridge, in Hartfordshire 12, in Northampton one, in Nottinghamshire seven, in Norff. 81, in Lincolnshire 101; in all 442. All his Tenents ought Suit and Service to his Court, and for this Honour, and under the Title thereof, there were Courts kept for the Tenents 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 Tenents and such matters as appertained to the Lands C belonging to the Honour;Tenents bound to Castle-Guard. and most probable it was, that all these Tenents 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 Ord. Vit. fol. 522. A. whereof was Gherbod a Flemming, made Earl by William, Anno Dom. 1070. who going upon an Expedition into D Flanders, fell into the hands of his Enemies, and was there detained Prisoner all his Life, upon whose restraint the Conqueror created k. (k) Hugh de Abrincis Earl of Chester, who with (l) Robert Roelent, and l. Robert de Malo Passu, and others, shed much Welsh Blood; 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.E 'Tis commonly storied he had several 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.

[Page 201] Robert Fitz-Hugh, Domesday 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 Maners, part of Maners or Towns.

William de Maldebenge, whose Seat was at Wickmalbanc, now cal­led Nantwich, held 47 Maners, &c.

William Fitz-Nigell, called sometimes Constabularius, had his A chief Seat at Heleton, now Halton Castle, and held of him 29 Ma­ners, &c.

Richard de Vernon, whose Seat was at Shipbroc, held of him 17 Maners, &c.

Hugo de Mara held 14 Maners, &c.

B Hamo de Masci, whose Seat was at Dunham, commonly called Dunham-Masci, held 10 Maners, &c.

Bigot de Loges held 12 Maners, &c.

Gilbert Venator or de Venables, whose Seat was at Kinderton, held 19 Maners, &c.

C Robert de Roelent, whose Seat was Roelent or Ruthelan Castle in Flintshire, from whence he had his Surname, held 16 Maners, &c.

This Robert was General to Earl Hugh, Robert Roelent General to the Earl of Chester. who for fifteen years to­gether checked the Welsh, and dayly gained upon them, and enlarged the Conquerors Territories, 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 D in Farm of King William, at the Rent of 40 l. per Annum, Domesday 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 shewn more at large concerning Earl Ranulph in the Reign of King Stephen, in whose time he lived.

E

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 Fol 154. l. 54. Mat. Paris ob­serves.

Earls, as also Spelm. Glossar. verb. Baro. Earls and Ba­rons had ge­nerally Castles, &c. Barons, in these times had every one their F Castles very well fortified, and endowed with many Priviledges, which were called the Head of their Baronies. And thus much shall suffice to shew the grandeur of the Nobility under William, which continued many Ages after him; From this Digression, I return to the History it self.

[Page 202] 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 entred England, and cruelly wasted the Borders thereof with Fire and Sword. But so soon as he had entred 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 Ibidem, Col. 203 n. 10. Gospatric from the Earldom of Northumberland, and gave it to A Waltheof the Son of Earl Siward. About this time the County of Main 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. 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) Roger de Britolio, (n) Earl of m. Hereford, and Waltheof the great Earl of Northumberland, meeting n. at Ixninge near Newmarket, on Ralph's Wedding day, (who Married, against the Kings Command, Emme Sister to the Earl of Here­ford)B Conspired against William to deprive him of the Kingdom; and having raised what Forces they could in their several Counties, Ibidem. endeavoured to joyn them; but Wulstane Bishop of Worcester having notice thereof, got what Strength he could together, and hindred the Earl of Hereford for passing Severn with his Army, Agelwin Abbat of Evesham, Ʋrso Sheriff of Worcestershire, and Walter de Laco, a great Baron of Herefordshire, coming with what Power they could raise to the Bishops Assistance. Ibidem. And as these pre­vented C Earl Roger in his Proceedings: 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 Brittany, and from thence into Denmark, leaving his Forces to the Mercy of their Enemies, of whom the Christ­mass following some were banished, some had their Eyes pluckt out, others their Hands and Feet cut off;Norwich Castle yield­ed. And Norwich Castle being kept D by his Countess, was a while after rendred, and leave given to her to go beyond Sea. Hen. Huntington, 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 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 E into England, applies himself to Philip, and by his Assistance entred 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 leaped off his Horse F [Page 203] and mounted him again, permitted him 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, 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 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 A 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 Ord. Vit. fol. 648. B. The King of France [...] King William. end of his Reign, for the four years he survived his Wife B Maud, he was for the most part in Normandy, Stow. fol. 40. being constantly in War and Dissention with his Neighbours,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 Rouen; who to shew the King of France his up sitting, Ibid. 655. D. & 656. A. Gemet. lib. 7. c. 44. King William enters his Country. entred 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) Mandantum, and by Gemeti­censis o. Medanta, he sacked it, where with too much heat and labour, C the Castle, Churches, and Houses being burnt by the fury of his Soldiers, he fell into the Sickness, of which he died upon 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 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; Ibidem, fol. 647. A. on a sudden and unexpectedly meet­ing D him in the Isle of Wight, as he was ready to take the Seas, Ord. fol. 647. C. Anno Domini 1085. William seiseth 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 perswade those with him to do it; who saying he was a Clerk, and could not be Sentenced without the Judgment 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 Kings Subjects to forsake the E 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.] brought in the Norman Laws, and caused all Pleadings, and what concerned the Law to be done in Norman French, p. so at that time the way of (p) transferring Land was changed. [3.] In [2.] [3.] [Page 204] former times many Farms and Maners 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 appen­dant A to them, but the way of Sealing was very rare in those times. William having Conquered England, subdued Paris, fol 12. n. 10. Scotland and Wales, Established his Norman Laws here, and his Gervas. Tilb. fol. 9. a. Exchequer, according to the form of that in Normandy; takes care for the setling a constant Revenue that might uphold him in his Grandeur and new Acquests,The Conque­rors 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, B whereof take some Instances.

Hantescire Tit. Terra Hugonis de Port in Fordingbridge hundred. q. Hugo de Port ten. Cerdeford duo liberi homines in (q) Alodium tenuerunt pro 2 Maneriis de R. E. tunc & modo geldabat pro 5 hidis. Idem Hugo r. tenet Wardeford, Ʋlricus & Olwardus tenuerunt (r) in Paragio de R. ſ E. duas Aulas habuere Tunc se (ſ) defendit pro 4 Hidis modo pro dua­bus Ʋn. Virgat. minus. Domesd. fol. 45. a. In isto Manerio & isto hundred. Ten. Pi­cot. C 2 virgat. & dimid. de Rege. Phitelet Ten. in alodio de R. E. pro Manerio tunc & modo Geld. pro duabus virgat. Ibidem. Hugo de Fort t. holds Cerdeford, two (t) Freemen or Knights Soldiers held it for two Maners in the time of King Edward in Alodio; then and now it was Taxed,Hidage. and paid for five Hides. Hugh holds Warneford, Ʋlric and Olward held it in Parage of King Edw. they had two Halls or Mansions, then it paid for four Hides, now for two Hides, and one u. Virgate, more or less. In that (u) Maner and that Hundred, Picot D [Page 205] held two (x) Virgates and an half of the King; Phitelet held it in x. Alodio of King Edw. for a Maner, 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 Maner in Domesday, by which the Tax was limited, known, and understood.

The making of this Survey called Domesday was a great design in A the Conqueror,Domesday, 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 Verdict or Presentment of Juries, or certain Per­sons y. Sworn in every Hundred, Wapentach, or County, before Ge vas. Tilb. lib. 1. b 29. Commissioners, who were most discreet Persons, and com­monly Normans, sent from Court. Those for Dugd. B [...]ron. fol. 257. Col. 2. Worcestershire and many other Counties were (z) Remigius Bishop of Lincoln, Wal­ter Giffard Orderic fol. 522. C. And other Counties. Earl of Buckingham, (a) Hen, de Ferriers Earl of z. B Darby, and (b) Adam Brother unto Eudo Steward of the Houshold,a. or Sewar to the King, who enquired into, and described as well the b. Possessions and Customs of the Conqueror, as of his great Men;Commissio­ners in Wor­cestershire. 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 Maners, Hides, half Hides, Virgates, and Acres of Land, Meadow, Pasture, and Wood. C Also they noted what Mills and Fishings, and in some Counties what and how many Freemen, Sockmen, Villans, Bordars, Servants, young Cattle, Sheep, Hogs, working Horses, Skeps of Bees, &c. [Page 206] in every Town and Maner, and who they belonged to. Always in every County setting down The Books them­selves. the Kings 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 Tenents in chief, or the Possessors of Lands at the time of the Survey there following. All England c. except three Counties, of Westmorland, 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 A Survey written in two Books, called the great and little (c) Domesday-Book, remaining in the Custody of the Vicechamberlains of his Majesties 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 Little Domesday, fol. 450. in the Twentieth of his Reign, Anno Domini 1086. To make the manner of the Entries in these Books B more clear, I shall give one or two Examples.

d.

e. Easessa. Terra Regis dimid. hundred. de Witham. Witham tenuit He­raldus f. T. R. E. pro Maner. & pro 5 Hidis tunc 21 (d) Villan. 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. Bordarii from the French Bordier, a Villan or Cottager, and that from Borde a little E House, or Cottage in the Fields, &c. 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 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 C qui tunc reddebant 10 sol. de consuetudine & 11 d. ex illis tenet Ilbodius 2 de 45 acr. & val. 6 sol. & redd. Maner. 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 redd. consuetud. & val 20 s. Homo Dapifer 1 de dimid. Hid. & val 20 s. Goscelinus Loremarius habet terram unius & non redd. consuet. &c. modo custodit hoc Manerium. D

[Page 207] Petrus Vicecomes in manu Regis. Thus in English.

Easesse, Title in the top of Leaf, the Kings Land;The way how the Towns, Maners, or Lordships were entred in the Survey. and before the particular Maner 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 Maner, and for five Hides, then there A were 21 Villanes 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, then six Servants or Slaves, now nine: then there were 23 Sochemans, 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 Maner, or be­longing to this Maner, or in the bounds of this Maner, there were B 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 Maner. 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 C 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 Maner in the Kings hand.

Essessa Terra Regis Hund. de Beventre: Another Ex­ample of the Entries in Domesday. Haveringas tenuit Haroldus D T. R. E. pro 1 Maner. & pro 10 Hid. tunc 41 villan. modo 40 semp. 41 Bordar. & 6 servi, & 2 Car. in Dominio Tunc 41 Car. hominum modo 40 Sylv. D. porc. C. acr. prati modo 1 Molen. & 2 Runc. & 10 animalia & 160 porc. & 269 ov. huic Maner. adjacebant 4 lib. homines de 4 Hidis: T. R. E. reddentes consuetudinem, modo ten. 3 Hid. Rob. fil. Corbutionis Hugo de Montefori quartam hidam & non reddidere Con­suetudinem ex quo eas habuere, &c. Hoc Maner. val. T. R. E. 36 l. modo 40. & Petrus Vicecomes inde recipit 80 l. de censu, & 10 l. de E Gersumma.

Essex, Title as before, the Kings Land, the Hundred of Beventre. Harold held Haveringe in the time of Edward the Confessor for one Maner and ten Hides: then there were forty one Villans, 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 Tenents, now forty: Wood suf­ficient F for 500 Hogs, 100 Acres of Meadow, now one Mill, and two Working-Horses or Pack-Horses, and ten young growing Beasts, and 160 Hogs, and 269 Sheep. To this Maner 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 Maner was worth 36 l. now 40. [Page 208] 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 shew 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

A second Branch of the Conquerors Revenue.A second Branch of his Revenue was Reliefs or Fines for giving the possession of Hereditary Fees, assignation of Dower out of the Husbands Estate, composition for Licence to Marry, and to have the Wardships of Heirs, or entrance upon Farms due to him from all Tenents 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 B Gerv. Tilb. lib. 2. c. 13. ibid. c. 24. b. Spontanea, Free Offerings or Biddings for such a thing before mentioned, and are such as are entred 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. Rot. Pip. 14. Johannis Everwics [...]. Hawisia Countess of Albemarle gave 5000 Marks to have the possession of her Inheritance and Dower. 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 C Rie. 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 Domesday, as paid to the Gerv. Tilb. lib. 2. c. 13. Sheriff of the County, who in these elder times stood charged in the Exchequer with the Kings Rents and Revenue, all perhaps but the Oblata or Conventiones, and some Fines or Mulcts that were charged upon particular Persons.

D

These were great Sums in the time of King John, but greater in the Conquerors 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 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. E Claus. 15. Edw. 1. m. 2. Hugh Despencer paid a Fine to the King of 2000 Marks for Marrying Isabell 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, Gerv. 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 F Negligences, Omissions, Misdemeanors, Trespasses, Batteries, Fight­ings, Woundings, &c. 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 Kings Prerogative in them; for in every Writ at this day, wherein [Page 209] 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 Judg­ments. Compositions or Money paid to the King to have Trials and Judgments in many Controversies, (which in A 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.

Obl. 2. Johan. m. 14. Ebor. William de Stutevill gave 2000 Marks, Hoved. fol. 456. b. n. 20, 30, 40. pro judicio ha­bendo, to have Judgment in the Barony of Frontebeof, in a Contro­versie between him and William de Albany concerning that Barony, which was determined by the Council of the Kingdom, and Will B of the King, and Peace and final Concord made between them. 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 C 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 Gervas. Tilb. lib. 1. c. 21. Vi­ctuals, and many other things; Besides the ancient and greater Cu­stoms D(which are properly so called) upon Merchandises. This Toll for Liberty of 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 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 Kings Officer. And it was by Law Established E in the LL. Will. 1. c. 61. No Markets but in Cities, Burghs, Castles, &c. Conquerors time, that no Market or Fair should be per­mitted but in Cities, Burghs, 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. Dav. 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 Ibidem. Romans, Brittains, Saxons, Lindinbr. Codex. LL. vet. passim. Tolls were farmed before and after the Conquest. F Germans, and perhaps all other Nations. After this rate in the Con­querors 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 In Civit. Sciropesberie. Domesday.

[Page 210] Domes. fol. 1. col. 2.Breach of the Peace, Forstell, viz. Cutting Cross, Hedging, or stopping up the Kings High-way, and g Hein- [...]are flight for Murder, or perhaps taking away another Mans Servant,Civit. Hereford in Domesday. 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 Maners Domesd. in the several Counties. or Lordships, in several Counties; besides several Farms and Lands in Middlesex, Shropshire, Rotelandshire, in the A last of which he had also 150 l. of Rent in white Money. These with the (h) Escheats (which were Lands, and many times great h. Baronies) forfeited to the King for (i) Felony or Treason, or that i. 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 P. 26. b. 27. a. reports from Tradition, and the Current of Historians from him or one another, that only B Victuals were paid for Rent all the Conquerors time, for the daily Provision of his Houshold, as Wheat, Beeves, Mutton, Hay, Oats, &c. of which the Kings Officers had a Roll of what quality and quantity every Mans 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 Kings Tenents, 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. &c. A false Story that Rents were paid in Victuals all the Conque­rors time. which was after the rate of C 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. &c. 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 Maner; out of some 10, 20, 30, 60, 80, 100 l. &c. as we see in the Examples before mentioned. Indeed in some of the Kings Maners or Ho­nours, there are firmae duarum vel trium noctium, &c. reserved,D that is Entertainment or Provision for two or three nights, accord­ing to the old Saxon or German 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 practise 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, &c. to make the E 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 Fol. 523. B. Ordericus Vitalis says, it was reported to be One F [Page 211] thousand and sixty pound of (k) Sterling Money, thirty Shillings k. and Penny half Penny of the just Rents or Profits of England every day of the year,The Conque­rors 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, A then 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 Expence or Charge issuing out of his Revenue; 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 B Knights Fees, so Established by the Conqueror, is allowed by our great and Learned Antiquaries, Gloss. fol. 218. col. 2. Sir Hen. Spelman, Answer to the Reasons for Foreign Wars, p. 9. Sir Robert Cotton, and 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 C was 3 l. or as they then reckoned, four Marks and an half upon every Knights 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 Lib. 1. c. 22. Tit Scu­tagium, &c. 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 D vel Donativa succedant. Mavult enim Princeps (l) Stipendiarios quam domesticos Bellicis apponere casibus. Haec itaque summa quia no­mine l. 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 Knights 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 Domesticks. This Sum E therefore because it was paid as for a Scutum (that is) a (m) Knights m. 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, &c. as will appear in the Sequel of this History.

[Page 212] 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, Mat. Paris, fol. 7. n. 10. And the Church Lands under Milita­ry Service. And Quarter­ed Soldiers in their Mona­steries. for he put the Bishopricks and Abbies 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 A Kingdom many Ecclesiasticks that opposed his evil Constitution, nor did he only charge their Lands with the Tenure of Knights Ser­vice, but also Quartered Soldiers Ingulph. Croyl. n. 40. which he had hired in France, Almain and Spain, in all Monasteries of England; in Croyland Abby he Quartered six Milites or Knights, and twenty eight Cross-bow-Men, that shot Stones and Darts out of Ballistarii. Cross-Bows, or perhaps the Officers of the Steel-Bow-Men, or Directors of the Manage­ment of the great Brakes or Engines, with which they battered B 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 Godw de Presul. Angl. p. 318. Conse­crated 1302. and died 1309. Nor did he think this enough to re­strain C the power of the Clergy,Anno Domini 1070. who then bare the chief sway in the Government; but by Advice of William Fitz-Osbern Earl of Hereford, and others of his Council, he searched the 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. Fol. 7. Mat. Paris says he robbed all the Monasteries of their Gold and Silver, and spared not their Shrines and Chalices; Nor yet did he think himself D sufficiently secured from the great power of the Clergy in that Age, Eadmer, fol. 6. n. 10. He brought in the Norman Laws, and made Norman Bishops in England. All things were done ac­cording to the Conquerors 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 E 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, and two Priests, Cardinals of the Apostolick See,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 Bi­shoprick of Winchester with the Arch-Bishoprick, and because he invaded the Arch-Bishoprick while Arch-Bishop Robert was living,F and used his Pall which remained at Canterbury, in Celebrating Mass, when by force he was unjustly put out of England, and received a [Page 213] Pall from Benedict whom the Roman Church had Excommunicated, for that by Money he had invaded the Apostolick See. De Gest. Pontif. fol. 116. b. Malms­bury says, with these two Bishopricks he also possessed many Abbies▪ who in this (as he conceived) did not commit a Sin of Judgment, but Error, for that he was a very illiterate Man, as were almost all the Bishops of England at that time. 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 A 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. 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,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, meerly out of Jealousie and suspicion of the safety of the Kingdom. On Whitsunday the King gave the Arch-Bishoprick of York to Thomas Canon of Bayeaux B in Normandy, and the Bishoprick 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 South-Saxons 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 Bishoprick of East-Angles, and to Stigand the Bi­shoprick C of the South-Saxons, and gave the Abbies to his Norman Monks. 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 shewn to him. Ibidem. The Arch-Bi­shop might not appoint or prohibite any thing without his Leave. The Arch-Bishop 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. Ibid. n. o. His Barons without his Command not to be implead­ed. He would not suffer any Bishop to implead and Excommunicate any of D his Barons, (all such as S [...]ld. not. in Ead. f. 168. held immediately in Capite) or Of­ficers, for Incest, Adultery, or any heinous Crime, unless by his Command. * Eadmer, ut supra, n. 49. Lanfranc made Arch-Bishop, An Do. 1071. In the first year of his Reign Lanfranc Abbat of Caen in Normandy, a stout Man, and very much skilled in Di­vine and Humane Affairs, was made Arch-Bishop of Canterbury, and Consecrated the fourth of the Kalends of Sptember, or the Twenty ninth of August. Malms de gest. Pon. lib. [...] fol. 117. a b. The Pope De­creed the Con­troversie a­bout the Pri­macy, be­tween York and Canterbury ought to be decided in England. Afterwards going to Rome for his Pall, Thomas Arch-Bishop of York, whom he had Consecrated, E went with him, where Thomas propounding to Pope Alexander the Controversie between himself and Lanfranc, about the Primacy and Subjection of the See of York to Canterbury, and the three Bi­shopricks 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 Judgment of all the Bishops and Abbats of the whole Kingdom. Spelm. Concil. vol. 2. fol. 6. Anno Domini 1072. Sir John Danis Irish Reports, fol. 89. b. After two Discussions, one at Winchester in the Kings Chappel there in F [Page 214] 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 Fol. 8. n. 30. Paris, and many other Orders of Men met o. there upon the (o) occasion of that Festival. 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 Arch-Bishop of York to obey the Arch-Bishop of Canterbury in all things pertaining A to Christian Religion, as the Primate of all Britain; That the Bishoprick of Duresm, and all the Countries from the bounds of the Bishoprick 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 Arch-Bishop called a Council wherever he pleased, the Arch-Bishop of York with his Suffragans were to be present there, and give obedience to what should be de­termined; That the Arch-Bishop of York ought to receive Episco­pal B 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 Hist. Nov. fol. 9. n. 20. Eadmer says, (who had most reason to know best) they were confirmed by the Testimony of the Kings Seal. About this time he amended 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 C Authority, That no Bishop or Arch-Deacon 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 Laick 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 Sheriffs Power were to be added; D and further Commanded, That no Sheriff, Minister, or Laick should intermeddle with the Bishops 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 fulness of Ecclesiastical Power, with which he thought himself in­vested in right of his Crown, 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 Arch-Bishop,E 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, In Ap­pend. n. 12. An. Do. 1086. all the freedom from subjection imagi­nable, and that although it was within the Diocess of Winchester, yet it should not be subject to the Bishop,Great Privi­ledges grant­ed by William to Battle Abby. and that in his Visitation, he should not lodge there, nor in any of the Maners belonging to it, and that in all things in the same Church, and a League every way F round about it, the Abbat should be Lord and Judge. The Vio­lators [Page 215] of which Constitution were for ever anathematized by Lan­franc Archbishop, Stigand aforesaid, Walkelin Bishop of Winchester, Wolstan Bishop of Worcerster, all then present. The Pope sent to William by his Legat Hubert, to do him Fealty, and pay him the Arrears of Peter-Pence; but though willing to gratifie him in one, he absolutely 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 A in this Kings Reign held and presided in many Councils, in one at London, Spelm. Concil. fol. 7▪ 8. vol. 2. Anno Domini 1075. Bishopricks removed from Villages to Cities The Clergy not to give Judgment 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 Kings 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 B Eliberis and the Eleventh of Toledo, (both Cities in Spain) that no Bishop or Abbat, or any of the Clergy should give Judgment 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, Ibidem, fol. 13. Anno Domini 1076. No Canon to Marry. Priests in Burghs 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 C that they did not Ordain Married Men either Deacons or Priests. 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 Diocess 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 In Appen. n. 15. 1080.

D

In the last year of his Reign 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. Pauls.

King William dying on the Ninth of September 1087. as was noted before, left Issue by Maud, Daughter of Baldwin Earl of Flan­ders,

E

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 Chace in Hunt­ing in the New-Forest, was mortally hurt by the Bough of an Hasle-Tree, before either his years of Marriage or Knighthood.

F 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.

[Page 216] 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 A 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 B 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.C

DEF

THE A REIGN OF William Rufus, B OR, William the Second.

C

THE Conqueror dying on the Ninth of October, An. Do. 1087. Ord Vit. fol. 763. D. Rufus brings his Fathers Donation of England to Arch-Bishop Lanfranc. Ro­bert Bloiet his Chaplain immediately came over into Eng­land with his Son William, and brought with him, to Lanfranc Arch-Bishop of Canterbury, the Donation of his Father, 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 Eadm fol. 13. n. 50. Upon the great Pro­mises he made to him. He was Knighted by Lanfranc. upon his Faith D 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 E made him a Knight, brought on by these fair Engagements, was the great Instrument to promote him to the Crown; yet (a) Eudo his a. Fathers Steward was little less Instrumental in his obtaining it, (if there be any truth in the Story cited from the Manuscript in Cottons Library 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 hastning into England, so insinuated himself into F 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 [Page 218] 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 Kings death; and by his Contrivance, while the Nobles in Normandy were Con­sulting about the Succession, William Rufus was advanced to the A Throne.

In the mean time 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 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 B third part of Normandy, with the Cities Constance, Auranches, and the Monastery of St. Michaels Mount in the Sea, &c.

Presently 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, 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 C of their defunct Lord, who by their assistance had Conquered Eng­land; They were in a great straight what to do; they could not serve two Lords so remote from one another; 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. Ibid. C. At last they resolved, that seeing Robert was the elder, and that they had Sworn Fealty D to him in his Fathers Life time, to set him up and make him Prince of England and Normandy, for preservation of the Unity of both b. Nations. 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, and many others, which they Communicated to Duke Robert, to whom, if they would begin, he promised sufficient Assistance for effecting their Design. Therefore Ibidem. after Christmass they passed into England, fortified their Castles, and in a short time stirred up a great part of E the Country against the King; Ibidem. with these joyned 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; 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. Ibidem. King F [Page 219] William observing the posture of his Affairs, resolved to suppress these Insurrections; and to that purpose Convoked Lanfranc Arch-Bishop, Bishops, Earls, and Natural English, Lanfranc the Arch-Bishop the other bi­shops, and Natural Eng­lish side with Rufus. and shewed them his intention, who exhorted the King to proceed against the Perturbers of the Peace, and promised their ready Assistance. 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, A 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 Ibidem. fol. 667. B. Rochester be­sieged. Duke Robert lost the Town and Castle by sloath 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 B Assistance of Robert, being detained only by ease and sloath from his promised Expedition; Ib. C. D. The Defen­dents 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.

C The King was angry at these Propositions,Rufus denies their Condi­tions. and sware he would take the Perfidious Traytors by force, Hang, and destroy them with divers kinds of death: and to his Nobility having many Friends and Relations in the Castle, perswading him to moderation, Orderic. fol. 668. B. he gave this Answer, That whosoever spared Perjured Men, Thieves, Plunderers, and Execrable Traytors, took away quiet and peace from innocent Men, and laid a foundation of innumerable Mischiefs to the good and harmless; Ibid. D. but at length overcome by the intercession D of his faithful Friends, Ibidem. 667. C. which were, all the Bishops of England, with the English, Hugh Earl of Chester, (c) Robert de Roelent, Wil­liam c. de Warrenna, (d) Robert Fitz-Haimon, and other legal and an­cient d. Barons, he Orderic. fol. 668. D. granted the Besieged their Lives,The Terms upon which Rochester Castle was surrendred. 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 E [Page 220] their Lands and Inheritance in England during his Reign. 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, 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: 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 A 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 Fathers Will and Judgment, 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.B 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, 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, &c. joyn 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 C that Castle delivered to them. Stephen of Albamarle, Son of Odo Earl of Champaigne, 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, joyned themselves to the English, and received sufficient Mo­ney D from the King, to fortifie their Castles on his behalf. 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; Ibidem. The Conditi­ons of that Peace. The Conditions these, That King William should enjoy the County or Earldom of Ou, the Monastery of Fe­campe, E 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 F the Kings 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 Order. fol. 672. D. he himself also had been imprisoned, [Page 221] and ill used by his Brother Robert, and Ibidem. 689. C. disseised of his Mothers Lands in England, which his Brother William had given to Robert Fitz-Haimon; Ibidem. Henry the younger Bro­ther fortifies his Towns in Normandy. Some Nor­mans Revolt to him. He fortifies his Towns, which were Cherburgh,e. Auranches, (e) Constance, and Guabreium, and craftily gained to his Party many of his Fathers 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 A daily; 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 Rouen likewise allured with his Gifts and Promises, Treated with him about changing their Prince, and consulted how to betray the Metropolis of Normandy, and their Drowsy Ibidem. Duke to the King. One Ibidem. A Conspiracy to deliver Rouen 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 B let in his Forces which should be sent from Gournay, and other Castles near, which were in his possession, to surprize the City; but the Duke made sensible of this Conspiracy, struck up a Peace with his 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 Traytor and many others were taken, and for his Punishment Conan was by Henry's Order carried to the top of C a high Tower, and Ibidem. fol. [...]90. D with his own hands thrust down headlong out at a Window. Next year Duke Robert besieged Ib. 692. B. 693. B. 696. D. Anno Do­mini 1091. Rufus returns into Nor­mandy. Is Caressed by the Norman Nobility, by the French, Britans, Flemmings, &c. They extoll 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, Britans, Flemmings, and many of the Neighbouring Provinces, so soon as they heard he in­tended to remain at Owe or Eu in Normandy, obsequiously flocked to D 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 Ibid. fol. 693. B. C. The Duke and King recon­ciled. two Brothers came together at Rouen, 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, E 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 Ibidem. 6 [...]9. A. Henry dis­pleased with his Brothers, got together a Body of Britans and Normans. his Brothers, and demanded some part of the large Pos­sessions of his Father, and having gathered together a Body of the Britans and Normans, fortified Constance, Auranches, and some other Towns. But Ibidem. His Friends Revolt from him, His Brothers besiege him in St. Michaels Mount. Hugh Earl of Chester, (who was also Earl of Auranches) and others the great Favourers of him, weighing his F 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. Michaels Mount, which was yielded for [Page 222] want of Drink and Water;Sr. Michaels Mount yielded. on Condition, That he and those with him might have liberty to go whether they pleased. Ibid. B. Henry wan­ders from place to place. After which Henry wandred 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 Ibid. fol. 703. B. C. An. Do. 1093. Robert de Mowbray Earl of Northum­berland Con­spires against Rufus. Conspiracy formed against him by Robert de Molbraio, or Mowbray, Earl of Northumberland, and many other A great Normans, of which the King having notice, raised an Army and marched against them; 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 Ibidem, fol. 704. A. Bamborough Castle which they besieged, and at length Robert fell into their hands, Ibid. B. Mowbray ta­ken Prisoner. who was kept in Bonds al­most thirty years. Roger de Lacy had his Lands taken from him,B and given to his Brother Hugh, who faithfully adhered to the King; 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; Ibidem. The Earl of Owe had his Eyes pulled out, and his Testicles cut off. and William Earl of Owe 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, C 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 Judgment 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 Judgment of the Chief Men of both Kingdoms, Flor. Wigorn. f. 646. A. D. 1093. and not long after D William Rufus surprized 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 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 Ibidem. Bastard of E Malcolme, as Buchanan calls him, being then in King Williams Army, Florent. Wigor. f. 646. Duncan by the Assistance of Rufus obtain­ed Scotland. begged and obtained his Fathers Kingdom of him, and sware 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 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 F into England about the later end of December, and presently Lead an Army against the Welsh, where he lost many Men and Horses.

In the mean Order. fol. 722. B. while the untamed and intractable Normans, who not restrained by a rigid Governor, were fit for any Mischief; [Page 223] Ibid. D. Many great Normans de­sert Duke Robert. many whereof corrupted by Gifts, or drawn away by terror, as Robert Earl of Owe, 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; Ibidem. fol. 723. A. He passed over his Dukedom to Rufus for 10000 Marks. by which means Normandy was in great Confusion, and became uneasie to Duke Robert, who destitute of A Friends, by the Advice of some Religious Persons, resolved to pass over his Dukedom to his Brother Rufus, Ibid. & Flor. Wigor. fol. 648. Duke Robert goes to Hie­rusalem 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 Hierusalem. This famous Expedition of the Christians against the Infidels, was first Ord. fol. 723. A. B. Flor. Wig. 647. 10000 Marks raised with much diffi­culty. set on foot by the Preaching of Peter the Hermite of Amiens, and afterwards greatly encouraged, and mightily advanced by the Council of Clermont in France, called by Pope Vrban for that pur­pose; B 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. Ibidem, fol. 648. The Bishops, Abbats, and Abbesses brake the Gold and Silver Ornaments of their Churches; and the Earls, Barons, and Viscounts (or perhaps Sheriffs only) C fleeced their Villans, and such as held in Knight Service of them. 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, Ibid. fol. 766. A.B.C.D. & 667. B. Anno 1098. Vales. Not. Gal. fol. 588. Rufus cl [...]ims Veuxin Fran­cois and the chief Town in it. claimed the French (f) Veuxin of Philip King of France, and f. the chief Towns thereof, Pontoyse, Chaumont, and Mant; and after a years Scuffle for it, by Burnings, Rapines, and leading the People D 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, 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. Ibid. & Buch. [...]er. Scot. p. 216. Duncan slain, Donald usurps Edgar Son of Malcolms made King. Presently after this Duncan be­ing treacherously slain, and Donald usurping again in Scotland, Aed­gar E Atheling was sent thither with an Army to expel Donald, and to make Aedgar King, then the eldest Son of Malcolme, and here in England under the Protection of William, which was effectually done. Florius supra Order. fol. 772. D. An. Dom. 1098. Then having news that the City Mans, and Countries of Anjou and Main had revolted, he returned into Normandy, be­sieged [Page 224] 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. 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 chopt off their Hands and Feet, they cut off their Testicles. 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 A Cruelty upon the Welsh, Hugh Earl of Shrewsbury lost his Life.

The next 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 Ibidem. to Ranulph, whom he had appointed to manage the Affairs of the whole Kingdom, the Bishoprick of Duresme. The greatest Action now on foot in Christendom, was the prosecution of the War against the Turks; and Jerusalem being B taken,Princes 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 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 Dutchy of Aquitain (g) and all his Countries.C

g.

The King most willingly embraced the Proposal, 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 Roberts return into Normandy, take possession of Aquitain, and extend the bounds of his Empire as far as the River Garone. 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 D before it was altogether sit to put out to Sea, the King on the Florent. Wig. fol. 649. Anno 1100. Gemet. lib. 7. c. 10. Second of August Hunting in (h) New-Forest, was slain by an Arrow h. Shot by (i) Walter Tirrell a French-Man, (whether at a Deer or the i. 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 Ecclesia­stick Affairs in this Kings Reign.

These were the Military and Secular Atchievements of William the Second, which kept him in constant Action and Employment; E yet perhaps his Magnanimity was no less exercised by Arch-Bishop Anselme, in relation to Ecclesiastick Power and Jurisdiction, Eadm. fol. 14. lin. 1. Rufus kept not the Promises he made to Lanfranc. he brake many of the Promises he made to Arch-Bishop Lanfranc be­fore and at his Coronation, yet while he lived he abstained from many things, though against his will and inclination; Ibid. n. 10, 20, 30. but after [Page 225] his death, which happened Flor. Wig. fol. 644. He let to farm Bishopricks and Abbies. May 24. 1089. he kept the Bi­shopricks 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 Arch-Bishoprick of Canterbury, and Revenues thereof, was then possessed and disposed of by the King to Secular uses, Eadmer, fol. 15. n. 30. which much troubled the Clergy and many of the Nobi­lity, A that the Commune Mother of the Realm should be so long void of a Pastor; At length the 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 Arch-Bishop of Canterbury, he consented and enquired after a Person worthy of k. that Honour and Office. They all perceiving the Kings inclination, cried out with one accord, (k) Abbat Anselme was the most worthy; who brought to the King, that he might receive the Investiture of B the Arch-Bishoprick from his hands by the Pastoral Staff, refused it, affirming it might not be done; Eadmer, fol. 18. n. 10. Bishop Anselm pressed to ac­cept the Arch-Bishoprick. yet after very importune per­swasions, and pressures by the Bishops and Nobility, he suffered himself to be with great Applause elected Arch-Bishop, Ib. n. 40. An. Do. 1093. and had investiture of all things belonging to the Arch-Bishoprick both within it and without it, on the Sixth of March 1093. But 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 C possessed of without any Suit or Controversie, 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; Ibid [...]m, fol. 20. lin. 1. &c. 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 Ʋrban. 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) Ʋrbane Bishop of Rome, who the l. D 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. 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 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 E them by Hereditary Right; 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 Ibidem. The cause of the first diffe­rence be­tween the King and Lan­franc. between the King and him, about his Dignity, Bishoprick, and Prelatship; which re­mained undermined during the Kings Life; yet at present, being urged by the Ib. n. 30. Clamour of all Men concerning the ruine and [Page 226] destruction of Churches,A Council of the Nobility at Winchester. Arch-Bishop 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 perswaded 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, 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 Arch-Bishoprick; After Ibid▪ & fol. 21. lin. 4. which going to take possession of it, Thomas Arch-Bishop of A York, and all the Bishops of England met at Canterbury, where he was Consecrated the Fourth of December 1093. 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 Arch-Bishop offered him 500 l. towards his Expedition, which the King refused, expecting at least twice so much. And the King 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 B lost, and for the making Abbats in the Monasteries that were void, Ibid. fol. 25. n. 10, 20. Anselm falls from the Kings 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 Kings favour, who neither respected him as his Spiritual Father, or Arch-Bishop, and utterly refused his Prayers and Blessings. At the Kings return into England, after the expence of a vast Sum of Money without effect, Ib. n 30. Anselm would go to Rome for his Pall. Anselm went to him to let him know his intention, of C going to the Pope to demand his Pall.

The King asked him, from which Pope he would require it, Ibidem, n. 40, 50. The King is not willing he should. No Pope to be owned without the Kings Licence. he answered him, from Ʋrban; to which the King replied, that as yet he had not acknowledged him Pope, neither had it been the Cu­stom in his or his Fathers 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 D the same thing as if he should endeavour to take away his Crown.

Anselm wondring at these things, rehearsed what before he had said to the King at Rochester, That while he was Abbat of Bec he had recognised Ʋrban Pope, and that he would not by any means depart from his obedience and subjection; which words very much Ibid. fol. 26. lin. 1. moved the King, so as he protested, that the Arch-Bishop against his will could not keep the Faith he ought to him, and Obe­dience E to the Apostolick See. 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 Apostolick See, keep his Faith to a Terrene King. Which 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 Kings Order and Decree, for the ventilateing of this Cause. In which F Convention Anselm made a Speech, Ibidem, n. 20, 30, 40. &c. recapitulating how hardly he had been drawn to accept of the Arch-Bishoprick, and only by their perswasion, and that he had told the King he could not one hour depart from his Obedience to Pope Ʋrban, and then with much perplexity urging the difficulty of his bearing Faith to both King and Pope, asks the Bishops Advice in the presence of the Great Men; [Page 227] who Ibidem. fol. 27. n. 10, 20, 30. The Bishops advise 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 A 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 loosest 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 B spoken to the Vicar of St. Peter, and by him to the other Bi­shops 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 Caesars, 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 depart; Wherefore ye shall all know in general, that in the things that belong to God I shall yield Obe­dience C 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 Ibidem, fol. 28. lin. 8. distracted the thoughts, and brake the unanimity of the Bishops and Great Men; yet they urge him again, Ibidem. n. 20. that he knew the whole Kingdom complained against D him, that he endeavoured to take away the Crown from their Com­mune Lord, Ibidem. The Bishops advise Anselm to relinquish Ʋrban, 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 Ʋrban, 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 Ib. f. 29. n. 40, 50. The Bishops grow saint in the Kings Cause. the King, but much more when the Bi­shops by his perseverance grew faint and cold in this Affair, and es­pecially E 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 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. 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 F Equal in my Kingdom. Notwithstanding the Courage of the King, he so far gained Ibidem, fol. 30. n. 10, 20, 30. Anselm baffled the Bishops by urging the Popes Autho­rity and his own ov [...]r them. upon the Bishops by urging the Popes Autho­rity over him, and his over them, that they told the King, they were sorry they were not able to satisfie 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.

[Page 228]After much Debate in this matter, 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. 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 enquire of the State of that Church, and which of the Popes was Canonically Instituted; and that being known, they A 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 Pall, that so having expelled Anselm from his Arch-Bishoprick, and also out of the Kingdom, might dispose of it to whom he pleased. Ibidem. When these Messengers returned, Walter Arch-Bishop of Al­bano (a City fourteen Miles from Rome) came with them and brought the Pall privately, Ibidem, n. 40, 50. The Pall is brought to the King. passing by Canterbury silently, avoided Anselm, and hastned to the King, saying nothing of the B 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. Ibid. fol. 33. lin. 3. &c. With this Artifice and his Crafty Management, he brought the King into so good an opinion of Ʋrban, that he believed he would not have any Controversie with C him about any matter whatever, if he should receive him as Pope, and declare him to be so in his Kingdom,The King ac­knowledged Ʋrban Pope. But could not perswade him to Depose Anselm. which he did accordingly, and laboured with the Bishop by all possible means, that by the Popes Authority, backed with Regal Power, he would Depose Anselm, but could not prevail; Ibidem, n. 10. by which he perceived he had gained nothing by acknowledging Ʋrban for Pope. 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 D 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. Ibidem, n. 50. The Great Men perswade 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 E might exercise his Office through England. This pleased Anselm, Ibidem, fol. 34. lin. 7. He refuseth to receive the Pall from the King. but when he was to receive the Pall, some perswaded him that for continuance of the Kings 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. 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 F 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 bare to St. Peter, and the Arch-Bishop putting it on presently Cele­brated Mass. About this time Append. n. 16. Murchertach King of Ireland, [Page 229] 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.

Eadm. fol. 37. n. 10, 20, 30, 40, 50. The King marcheth into Wales. Anselm se [...]ds raw Soldiers to the Kings assistance. He is sum­moned to the Kings 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 A 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 judgment of his Court; Which he declined, and thought it better to apply himself to the Authority and Judgment 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 B Friends, he asked leave of him to go to Rome, which the King de­nied. In 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; Ibidem. n. 20. The King de­nies it, and threatens to seize his Arch-Bishoprick. yet he still urged the King, who then said, if he went he would seize his Arch-Bishoprick, C and would not acknowledge him Arch-Bishop.

But he persisted; and being told 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, 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 D for his Souls health, and to Advise with him about the Government of the Church of God,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 ought to be despised by every Servant of God; Ibidem, n. 50. and then told the King plainly he would go. Ibid. fol. 41. lin. 8. This Con­test happened the Fifteenth of October 1097. on which day Ibidem, n. 10. Anselm goes beyond Sea without the Kings 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, Ibidem, n. 20. 3 [...]. His Arch-Bishoprick is seized. their Bags and Sachells were all searched by William E Warlewast, who was sent from the King with order to do it; and pre­sently after he was gone, his Arch-Bishoprick and all that belonged to him was seized to the Kings use.

Anselm coming to Lyons in France, sent an Epistle [7.] to the Pope, setting forth his Grievances and Complainings of the King, that he gave the Lands of the Arch Bishoprick, which he held in his hands after the death of Lanfranc, to his Knights or Soldiers, and did F 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 [Page 230] Laws of God and Canonical Apostolick 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, &c.

When 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 A 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. Ib. f. 48. n. 20, 30, &c. Anselm seems weary of his Dignity. The Pope chargeth him by vertue 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 vertue of his Obedience that wherever he were, he should bear both the Name,B and Honour of the Arch-Bishop of Canterbury. Ibidem, fol. 49. lin. 4. And threatens to smite the King with St. Peters 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. Peters Sword in the next Council, which I have appointed at Bar on the First of October, where you shall be present. 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 Anathematized; which Anselm hearing, fell down upon his Knees before the Pope, and with much C difficulty obtained the Revocation of that Sentence.

This 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 Popes Letters, but would by no means receive Anselms; and perceiving the Messenger to be a Retainer to Anselm, he Sware by Gods Face, that if presently he did not depart the Kingdom he D should have his Eyes pulled out.

The King unwilling to return an Answer by this Messenger, 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 wondred 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 Arch-Bishoprick. Ibidem, fol. 52. lin. 1. The E Pope asked whether there was any thing else against Anselm, than that he had appealed to the Apostolick See, and came thither with­out his Kings 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 F let him certainly know he shall in that Council receive such Sentence of Damnationis Sententiae. Condemnation as he deserves. Ibidem, n. 10. Hereupon the Kings 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, Ibidem, Watlewast by Gifts procures the Censure of the King to be deser­red. that with Gifts and Promises, he pro­cured many to favour his Cause, and so altered the Popes mind, [Page 231] 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 Christs 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 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 Ib. f. 53. n. 10, 20. A Decree against re­ceiving Inve­stitures from Lay-Men. a general Decree, That A as well all Lay-Persons, 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 Livings, should be Excommunicate. Eadmer, who accompanied Anselm in all his Travels, Ibidem. says he was present in this Council, and saw and heard this Decree passed and confirmed.

The Council then ending, Ibidem, n. 30. Anselm goes from Rome, and fixeth himself at Lyons. the day following Anselm recei­ving B 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 Ibid. fol. 54. lin. 2. Ʋrban, which happened Onuph. Chr. Pont. Roman. the Thirtieth of July 1099. before the time King Williams An­swer was expected, and afterwards until the death of the King, Eadmer first of all Historians from common fame, Fol. 46. n. 50. fol. 47. lin. 1. n. 10. King William Rufus accused of Judaizing. writes, That the Jews at Rouen applied themselves to William, and by Money C prevailed with him to compel the Christian Proselites to return again to Judaism; and more particularly, that the Father of a young Man, a Jew, Converted to Christianity by Stephen the Pro­tomartyr (who 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 Judaism again. The King (as 'tis there reported) attempted it, but without effect, the young Man being so close riveted to Christian Religion by Stephens Ghost. D However the old Man received back half his Money, and was sa­tisfied.

He also Ib. n. 50. fol. 48. lin. 1. Eadmer re­ports the King denied the Provi­dence of God, &c. 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 E 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 De Gest. Reg. fol. 69. b. n. 40. Rufus his Re­venue. Malmsbury, who softens the Kings 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 Expences being greater, he took up a new way of augmenting it, by keeping Flor. Wig. fol. 650. He keeps void Bishopricks and Mona­steries. void Bishopricks and Monasteries, F and taking the Profits to himself; and the day he died he had in his hands the Arch-Bishoprick of Canterbury, the Bishopricks of Win­chester and Salisbury; and as Ʋt supra, lin. 5. Malmsbury says, twelve Abbies; 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 Ib. a. n. 50. b. lin. 3. Instru­ment and Adviser in these things was Ranulph a Norman Clerk, of [Page 232] mean Parentage, but Eloquent, and of a ready Wit, and an in­vincible Lawyer; to whom the King Flor. Wig. fol. 649. committed the dispatch of the Business of the whole Kingdom, and gave him the Bishoprick of Duresme. His craft and subtilty was such, that he became 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,A as well before as after he was Bishop, until the King died, who was buried in the Cathedral at Winchester before the high Altar.

BCDEF

THE A REIGN OF Henry the First.

B

THE words by which Historians of these times express the manner of this Kings ascending the Throne are various.

Hist. nov. fol. 54. n. 10 Eadmer says William Rufus died the Second of Au­gust, and that Ibidem, f. 55. n 10. Henry succeeded his dead Brother. Florence of C Worcester 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 Ibid. fol. 650. lin. 9. Nones of August, (which is the Fifth day) being Sunday, was Consecrated King by Maurice Bishop of London. 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 Ib. in H. 1st. f. 88. a. n. 20. Henry was See the Glossary. chosen King, chiefly by the assistance of (a) Henry Earl of Warwick, after some a. D Contests among the great Men; and that he was Ibidem, n. 30. Crowned at London with the Shouts of the Rabble on the Nones of August, four days after his Brothers death, which are to be understood in­clusive of the Second and Fifth. Hist. lib. 7. f. 216. b. n. 20. Hen. of Huntington says Rufus was killed in the New-Forest on the Morrow after the Kalends of August, (which is the second day) that 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 E was by Maurice Bishop of London Consecrated. Col. 225. n. 10, 20, 30, &c. Simeon Du­nelmensis in this Relation transcribes Florence of Worcester Verbatim. 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 Ibidem, fol. 782. B. Brother Henry, William of (b) Breteul, and other Illustrious Persons dispersed in the Woods, it was not b. [Page 234] 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 A 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 Scepter 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,B the Castle and the Royal Treasure was delivered to Henry; and then c. hastning to London with Robert (c) Earl of Mellent, was 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 Williams death, Henry's invading the C Throne, and his Coronation; They all likewise agree, that he pro­mised In loc. [...]. to destroy all evil Customs, and remove all unjust Ex­actions, to restore the Church to her Liberties, and King Edwards Laws, with such Emendations as his Father had altered or mended them; Which Grants Eadm. fol. 55. n. 40. were drawn into the form of Letters, or a Charter, and being Sealed with his Seal 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 D in the Answer to Argumentum Antinormanicum, with an Exposition upon it.

Immediately after the Coronation, Eadm. fol. 55. n. 30. Arch-Bishop Anselm called from Exile. The King sub­mits to him. the King and great Men dispatched away a Messenger to Arch-Bishop Anselm, then in Exile at Lyons 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 E 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 Ibid. fol. 56. n. 30, 40, &c. 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 F 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 [Page 235] put to the determination of Anselm alone; but without the appro­bation of a Council he would determine nothing. And therefore he calls 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 A 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 Judgment of the Council and Anselm, Ibid fol. 58. n. 10, 20. Ran. Bishop of Durham imprisoned. she had the lawful liberty of her B Body allowed, and that according to the Law of God she might Marry; and soon after was joyned in Marriage to King Henry. He began his Reformation of the Nation with imprisoning 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 Brothers Op­pressions and Exactions, in the Tower of London, from whence after Christmass he made his escape, and passed the Sea to Duke Robert, (who had returned into Normandy Ord. Vit. f. 784. B. in September preceding) and perswaded him to Invade England. And very many of the C chief Men thereof Flor Wig. ut supra. sent Messengers to him, to make haste and come thither, promising him the Crown and Kingdom. And 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 Eadm. f. 58. n. 50. The King and they suspect one another. Report, that Robert was coming D 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 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.

E

The King hearing of his Brothers 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; 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 F 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 Ecclesiastick Laws and Discipline, and that ever [Page 236] after he would be Obedient to the Decrees and Commands of the Apostolick 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 A Excommunicated by Anselm, as an Invader, made Peace with his Brother, and dismissed his Army.

Florence 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, staid with the King. But the Bishops, Common Soldiers, or Stipendiaries,B 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) Earldoms and Baronies taken from them in England for their Fidelity to the Duke, and all those that d. had the like Estates taken from them in Normandy for their Fidelity to the King, should have them again freely without Compositions.C

Ordericus Vitalis gives a third Relation of this Transaction. In the year of our Lord, Fol. 785. An. Do. 1101. says he, 1101. the Seditious great Men, (fearing the Magnanimity of King Henry, and loving the easiness of Sloathful Duke Robert, sent to him that he would suddenly provide a Fleet to transport himself) Ibidem, fol. 786. A. that is to say, Robert de e. Belism, his two Brothers, (e) Roger the Poictovin, and Arnulph, William de Warrenna Earl of Surrey, and Walter Giffart, Ivo de D Grentemaisnil, Robert the Son of Ilbert, and many others who first privately entred into a Confederacy, and then publickly advanced the Dukes Title. Anselm the Arch-Bishop, 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. 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 Ibid. fol. 788. A. B. C. Plain some days, and there was daily an E 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 [Page 237] 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 Fathers Lands and Demeasns; And lastly, That they should equally punish the Fomenters of Discord and Contention on both sides. After this Agreement the Duke staid here two Months, and then he returned, A and with him William de Warrenna, and others that had lost their Estates in England for his sake. Not long after 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 Publick Traytors to Punishment, and not exercising a due severity upon B Turncoats, telling him he had that very year kindly received Robert de Belesin, and given him his Fathers Possessions, the Castle of Ar­gentoile, the Bishoprick of See's, and the Forest of Golfer ▪ 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 num­bred C among his chiefest Friends.

After King 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 Traytors 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, D 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 Ibidem, fol. 806. A. An. Do. 1102. Robert de Be­lism. summon­ed to Trial. Robert de Belismo was summoned E to the Kings 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 oblique 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 F to him, in great fear he fled to his Castles, while the King with his Barons were expecting his Answer. The Kings Serjeant 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 Tryal, he was adjudged a publick Enemy. But in stead of appearing before the Court, he fortified his Castles, praying Aid of all the Normans that were of his Alliance, of the [Page 238] Welsh, The King raised an Army. Angliae Exer­citum Convo­cavit. Arundell Castle be­sieged. and all others of his Relations or Affinity. Upon this ob­stinacy the King presently called together the Army of England, and besieged his Castle of Arundel in Sussex, and building several Castles about it, departed. The Besieged Petitioned the King for leave to dispatch Messengers to their Lord, that he would either send them Relief, or permit them to reconcile themselves to the King, which was granted. And seeing he could not help them, very sorrowfully gave them leave to make their Peace with him.A

At this time the King 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 Ibidem, n. 30. Shrewsbury Manned a­gainst the King. The Welsh joyn with the Earl against the King. Gifts corrupting the Welsh, in whom the Earl placed most confidence, they rendred to him the Castle. Robert stayed not long in Shrewsbury, but left it to the care of Roger the Son of B Robert de Nevil, and Ʋlger Venables, with whom he joined eighty Stipendiary Soldiers, and made Peace with the Welsh, and drew their Kings Caducan and Gervat the Sons of Rese to his Party, by whom and his own Forces he often disturbed the Kings Army. Ord. Vit. f. 807. A. B. C. The Earl dis­inherited William Pan­tulf. He assists the King, and by Gifts and Pro­mises brings the Welsh to the Kings side. Before this time the Earl had disinherited William Pantulf a great Man in Shropshire, who withdrew his Assistance from him, and returned to the King, who forthwith sends him 200 Soldiers, and makes him Governor of Stafford Castle, from whence by Ex­cursions C he mightily annoyed the Earl above all others, and at length by Promises and Gifts brought off the Welsh Kings and their For­ces to the Kings side. After this the King demanded the Town of the two Governors, and threatned that if it were not delivered in three days, he would Hang all he should take there; The Gover­nors Treat with the King, by the Mediation of William Pantulf who was Allied to them,Shrewsbury delivered to the King. The Stipen­diaries had leave to de­part with their Horse and Arms. and they the Townsmen and Burgesses were willing to save themselves, and deliver up the Town. The Stipen­diaries D knew nothing of this Treaty, but remained faithful to their Master, and therefore when the King entred the Town, he permit­ted them freely to depart with their Horse and Arms.

The King having thus subdued his Enemy, 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 E Arnulph, and seized their Estates; his Enmity being such against Robert, that he endeavoured totally to extirpate that Family in England.

They being Ibidem, C. D. Robert de Be­lismo wasted Normandy. expelled out of England, there followed mad work in Normandy for three years together; Many Towns were burnt, and Churches with the People in them that fled to them for safety. Almost all Normandy rose up against this boisterous and F 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 [Page 239] his Fathers Estate,He gave his Brothers no­thing of his Fathers Estate. Roger dies▪ Arnulph leaves his Brother. not suffering his Brothers to possess any part of it, although for his sake they had lost their Fortunes. Roger left him, and took himself to Carof-Castle, which was his Wives Inhe­ritance, and there grew old and died. Arnulph after many difficult Undertakings for him, to no purpose, grew discontented, and fell off to the Duke, seized the Castle of Amanisca, now Almenesches, delivered it to him, and such as favoured his Brother that were in A 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 Ibid. & fol. 809. A. Robert de Be­lismo burns the Abby of Almanisca. dismayed at the Revolt of his Bro­ther, yet hearing some of the Kings Troops were quartered in the Abby of Almanisca with design to harass and plunder the Country; He presently marched thither, fired and burnt it, he there took many Prisoners, whereof some he punished with death, others he B dismembred. 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 Dukes Army. and boldly charg­ing him upon a Causey, put him to flight, and made many his Pri­soners. Puffed up with this success, and scorning the Duke, he endeavoured to bring all Normandy under his power; the Country where he was, and the Neighbouring Territories submitted to him, not being able to resist. He took in the Fortress of Hiesmes and C Gunters Castle (now Gontel) and many other Garisons round about him.

About this time died Ibidem, fol. 810. B. A great War and Conten­tion in Nor­mandy about a private Estate. William de Britolio or Breteul, without lawful Issue; His two Grandchildren William de Guader, and Ray­nald de Cracey contended who should succeed him. The Normans rather chose for their Lord his Son Eustachius by a Concubine, as more affecting one born in their own Country, though a Bastard, D 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. Ibid. C. To Raynald (f) Ralph de Conchis the Son of Isabel, and Ascelin Goell, and Almaric de Monteforti joyned their f. 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 E 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 Ibid. 811. B. C. D. An. Do. 110 [...]. employed Robert Earl of Mel­lent to compose the Differences in Normandy, and sent to Duke Ro­bert F [Page 240] 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 Burnings, but Eustace prevailed, gained the possession of his Fathers 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 A them.

In the mean time 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 Fathers Honours and Estates, the Bishoprick of Seez, and others beforementioned. Ibid. & fol. 812. A. The Bishop and Abbat of Seez Curse Robert de Be­lismo and flee into England. The Bishop of Seez Serlo, and Ralph ▪ Abbat of the same, not willing to live B under the Power and Tyranny of this Robert, after having Ana­thematized him, departed from that place and fled into England to King Henry, who received them very kindly.

Not long after many Honourable 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 Prophane C Spoilers with the Rod of Justice; Accordingly he passes into Nor­mandy with a great Fleet, and visits Danfront and other Towns subject to him, 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 D 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 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 Traytor to them both, and restoring him to his Fathers Lands and Dominions, and for many other things; The Duke fearing his Brothers Power, desired his Friendship, and E they being reconciled, the King before Winter returned into Eng­land.

No sooner was Ibidem, C. D. In King Hen­ry's absence Robert de Be­lismo seized the Lands, killed the Te­nents, and burnt 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 Tenents, and burnt their Houses. The Plowmen and ordinary F 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 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 [Page 241] going with the King into the Church at Carenton, to Celebrate the Solemnity of Easter, they found it almost filled with Chests, and Houshold-Stuff of the Country People, which was brought thither as to a place of safety. Ibidem, B. C. Upon which Spectacle the Bishop in an Harangue to the King laid open the Miseries of that Country, and shewed 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 A 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. 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.

B

But before they made any progress in this Affair, the Bishop had a small job of work to do; The Normans then wore very long Hair, and used much art in preserving and making it (as was then thought) Ornamental. Ibid fol. 816. A. B. C. The Eloquent Prelat (says the Hi­storian) continues his Preachment, and inveighs mightily against that Vice, admonishing and exhorting the King to shew a good Example to others, and suffer his Hair to be cut off first; He sub­mitted C 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 Kings Edict, came from all parts, and strove who should be first Polled or Clipt.

After the Solemnity of Easter, King Henry Ibidem. King Henry Chastiseth the Enemies of the Church. sent Ambassa­dors to Philip King of France, and called to him Geofrey Martell Earl D of Anjou, and Manfully Chastised the Enemies of the Church.

In the year 1106, in the 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 E 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 Garison 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 F proceeds to Falais, but had not the same success,Falais beats off his Army. having been beaten off by the Garison.

In the mean time Malms. f. 88. b. n. 40, 50. William Earl of Mortain de­mands the Earldom of Kent. William Earl of Mortaigne, Son of Ro­bert the Kings 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 [Page 242] 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, Ib f. 89. a. n. 10. He joyned himself to the Duke, and Robert de Be­lism. and joyned himself to the Dukes 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 levell'd his Castles with the Ground.

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 Garison into it, with intention so to streighten 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 sollicited the Duke, Robert de Belism, The Duke, &c. 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,B 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 Kings Party, and most Foot on the Dukes. Before this place they came to a Battle,The Battle of Tenerchebray. The Dukes Army routed. wherein the Dukes Army was routed; The particulars of C which Victory will appear in King Henry's Letter to Arch-Bishop 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. F. 80. [...]in. 1. Eadmer reports, that he was in Normandy in the year 1104. and almost subdued all of it,D 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 Kings Gold and Silver, and delivered him Cities, Castles, and Towns. 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 E 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. 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 Fol. 85. n. 10. himself.

He observing these things, hastned his Reconciliation with An­selm, F who coming into 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 Intreaty 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 [Page 243] had given into his hands the Duke of Normandy, The Particu­lars of that Victory. Ʋsque ad 400 Milites & 10 Millia peditum. and Earl of Mor­tain, William Crispin, William Ferrers, Robert Stotevile the elder, and others to the number of 400 Knights or Horsemen, and Ten thousand Foot, together with Normandy it self. 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 a while after.

Malms. f. 89. a. n. 30. This Battle was fought the day before Michaelmass-day. In the 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 B 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 Fathers Lands, and Lordships which his Brother had squandered away,King Henry re­assumes all his Fathers Lands in Normandy. and by the Judgment 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 C 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 softned into a yielding temper.

Mat. Paris 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; D and that most of the Principes or chief Men of Normandy yielded themselves to him. But in the 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. 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 Cauterized Conscience in obtaining the Kingdom, and began within E himself to fear an Insurrection, as it had been privately told him, and the fulmination of Gods Judgments against him, 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 bound the Noblemen to him by crafty Speeches, and subtil Promises, which in the end he Ibid. n. 20. impu­dently violated. Ibidem. lin. 6. Robert de Be­lism escaped from the Battle. Thinking afterwards by the Foundation of an Abby to satisfie God for so great a Crime. And then follows a F confused Story of the Preparation to, and Battle it self before men­tioned.

From which Robert de Belism the Kings Mortal Enemy escaped by flight, 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,Ibidem, fol. 823. A. he then used him as a means to [Page 244] 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 Bishoprick of Seez, and all that was his Paternal Inheritance. It fared not so well with Robert de Mon­teforti, 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 Dukes Title; whereupon knowing himself guilty, he got leave to go to Jerusalem, and left all his Lands to the King.

A

And having thus subdued Normandy 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 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 B easily kept Normandy in subjection. 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 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, &c. Advice of Arch-Bishop 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 wast and spoil wherever they came without controul; and be­haved C 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 publick 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.

D

He Ibidem, n. 30, 40. Coyners of false Money to have their Eyes pulled out, &c. also took notice what a great Grievance false and cor­rupt Money was to the Nation, and Decreed, That every one (without Redemption) that Coyned false Money, should have his Eyes pulled out, or be Emasculated.

Henry 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 Privado's, Commanded his Son William (whom he had for his Edu­cation E 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 Kings use, who gave it to William de Warrenna.

Ibidem, fol. 838. A. His Tutor Elias carried him through many Countries, and shew to many Persons the Elegancy of his Person, and Excellency F 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 rendred themselves suspected to him. Especially 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 [Page 245] of the Normans, Endeavours to set up Wil­liam Son to Duke Robert. endeavoured what he could to set up his Banished Son. Ibid. B▪ Robert and Elias consulted about this Affair, and solli­cited 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 Ibidem. Fulke Duke of Anjou Gemet. lib. 8. C. 34. B. who had Married the A 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 subtil Disputants, that moved Controversies about their Consanguinity, for which it was determined, That by the Christian Law they ought not be joyned together, Ibidem for Richard Duke of Normandy begot Robert, and Robert William the Bastard, who begot B Robert the Father of Prince William: and Robert Arch-Bishop of Rouen, 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 Sibyll; Thus by the discovery of the Parentage of William and Sibyll the long desired Marriage was frustrated.

Almeric de Monteforti, or Earl of Montfort, Son of Simon who C Married Agnes, Gemet. l. 8. c. 17. Script. Norm. f. 1092. Ord. f. 843. B. Sister and Heir to William Earl of Eureux, 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 Ibidem, 840. D. in­stigated Fulke Earl of Anjou, his Nephew Gemet. lib. 8. C. 38. by his Sister Ber­trade, who was then grown considerable by the accession of the Earl­dom of Main, by the Orderic. ut supra. War against Normandy. Anno Domini 1112, or 1113. Daughter and Heir of Elias, to make D 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 Ibidem, fol. 844. A. Robert de Be­lism im­peached. was in this Design with the Earl of Anjou, and fell into the Kings hands, and E 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 Kings Rents in the Viscounty of Argemon and Hiesmes, and what belonged to Falais as the Kings Viscount, or Sheriff,And impri­soned by Judgment of the Kings Court. and Of­ficer, and for other Crimes which he could not deny; for which he was by the just Judgment of the Kings Court committed close Pri­soner. Ibid. B. Presently after the King besieged, and took in Alencon.

F This War 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 Kings 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.

[Page 246]This being done, Ibid. C. Peace be­tween the Kings of Eng­land and France. the two Kings of England and France came together at Gisors, and struck up a Peace; Then Lewis gave to King Henry Belism, the Earldom of Main, and all Britany, for which Fergan Duke of the Britans 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.A

Notwithstanding Ibid. D. these Renditions and great Submissions made to King Henry, yet Hameric de Villery and other Proceres, or great Tenents 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) Pontheu, trust­ing to the Strength of it, and multitude of Dependents, prepared to resist him. Henry drew together the Army of all Normandy, and B besieged the Town on the First of May, and beyond expectation Ted­bald Earl of Blois, Fulke of Anjou, (f) 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. Ibidem, fol. 842. A. King Henry made a com­pleat 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 Tranquility for five years. Flor. Wig. fol. 656. Anno Domini 1113. He landed in England in the Month of July, and brought C 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. Malms. fol. 89. n. 20, 30, 40. Flor. Wig. fol. 656. An. Do. 1114. He removes the Flemmings into Wales. There were many Flemmings come over into Eng­land, besides what came over with the Conqueror, in the time, and by the favour of this Kings Mother, Queen Maude, Daughter to the D Earl of Flanders, and so many as they became burthensom 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 E 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 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.

F

[Page 247] Eadmer 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 Kings mind, readily did Homage, and Swear Fealty to him. The Arch-Bishop of Canterbury and other Bishops and Abbats Swore, That if he A should out-live his Father, they would (laying aside all claims whatsoever) put him in possession of the Crown and Kingdom, and that when he should be King they would faithfully do him Ho­mage.

Malmsbury F. 93. a. n. 30, 40. All the Mili­tary Tenents in England compelled to do Homage to Prince Wil­liam. declareth this Transaction more fully, affirming, That all the Freemen of England and Normandy, of whatsoever Order or Dignity, or to what Lord soever they were Vassals or B Tenents, were compelled to do Homage, and Swear Fealty to Wil­liam the Son of King Henry, and Queen Maude.

She died the Ord. fol. 843. B. Anno Domini 1118. First of May and was buried at Westminster, and on the Ninth of June following died Ibidem. Robert Earl of Mel­lent King Henry's great Counsellor.

It is said before, that Almeric de Monteforti was Sisters Son and C Heir to William Earl of Eureux, who now again demands Ibid. C. A new War in Normandy, many Noble­men Conspire to set up Wil­liam Son to Duke Robert. of the King that Earldom, which he utterly denied to grant him, by the Advice of Audin Bishop of that City; He therefore took Arms against the King, and excited almost all France to do the like. The Governor of Eureux, William Pointel, delivered the City to him, and the Bishop with his Clerks and Vassals were forced to flee from thence. There joyned with him Robert de Gournay, Stephen Earl of Albamarle, Eustachius of Breteul, Richard de Aquila, Robert de New­burgh, D and many others who rose up against Henry, and endeavoured to Establish William the Son of Duke Robert in his Fathers Estate. Ibid. D. With these also joyned Baldwin Earl of Flanders, who entred that part of Normandy called Tellau, and burnt many Towns, of whose Flames the King and his Normans were Spectators; he forti­fied Bures, and because he suspected most of the Normans, he put a great Garison of Stipendiary Britans and English into it. Baldwin comes before it, provokes the Garison to fight, where he was E wounded, and some time after died of his Wounds and without Issue. They 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 Ibid. fol. 846. B. C. A great Council at Rouen. or Fifth of October there was a Council summoned at Rouen, there King Henry Treated of the Peace of the Kingdom, with Ralph Arch-Bishop of Canterbury, and the other F Barons he had called together. There Geofry Arch-Bishop of Rouen spake about the State of the Church, with his four Suffragan Bi­shops, Richard of Baieux, John of Lisieux, Turgis of Auranches, and Roger of Constance, and with many Abbats. Serlo Bishop of Seez was not at this Council, being excused by reason of his Age and Infirmity; and Audin Bishop of Eureux excused himself, as be­ing employed against the Common Enemies of the Country.

[Page 248]The War still continued in 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. Ibid. fol. 850. A. Anno Domini 1119. Yet some repenting of what they had done, came and submitted to the King, and made their A 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. 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, B and Robert.

In the Month of 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 Ibid. C. the Prince was Married at Lisieux to the Earls Daughter, and then the King by the Mediation of the Earl,C received into favour William Talvace, the Son of Robert de Belism, and restored to him all his Fathers Estate in Normandy.

After this Ibid. D. King Henry burns the Towns and Castles of his Enemies. Henry marched up and down Normandy to revenge himself upon his Enemies, and burnt their Castles and Towns; He besieged Eureux, and after he had Ibid. fol. 852. B. C. burnt that Town and the Cathedral, took it.

D

While both Fire and Sword raged in the bowels of Normandy, the King of France invaded it 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 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, E and Walter Giffard, and many others of great Note; Edward of Sa­lisbury carried the Banner. Ibidem, B. C. D. Lewis of France seeing what he had long wished for, drew out 400 Horse, and amongst them was William Duke Roberts Son engaged, that he might deliver his Fa­ther from Prison, and recover his ancient Inheritance. There were also Matthew Earl of Beaumont, Guido Earl of Clarmont, Otmond de Chaumont, William de Guarlanda General of France, Peter de Manley, Philip de Mont-Bray, Burchard de Montmorency, Baldric de Bray,F William Crispin, The French are beaten. and many other Normans. They joyn Battle, the French are beaten, and lose 140 Horse, Guido Otmund, Burchard and William Crispin were taken; 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.

[Page 249]In this Battle were Ibidem. fol. 884. D. But 900 Horsemen on both sides. but 900 Milites or Horsemen on both sides, (unless perhaps there might be so many Milites besides their Retinue) and they accounted a great number, whereof only three were killed, for they were so Cloathed with Iron, as they could scarce be in danger. 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 A was sent back next day, with his Saddle, Bridle, and whole Furni­ture; And Prince William sent likewise his Cousen William the Son of Duke Robert, his Horse which he had lost, with many other Gifts.

When King Lewis Ibid. D. Almeric de Monteforti perswades King Lewis to raise a new Army. returned to Paris, Almeric de Monteforti, who was not in this Fight, came to Visit and Comfort him, being much dejected at his ill fortune; in their Discourse he encouraged B him to attack his Enemies again, and advised him to send to the Bishops, Earls, and other great Persons of the Kingdom, and then the Priests with their Parochians, by the Bishops Directions, would go with him whether he should Command them; that so by a com­mon Army he might take revenge upon his publick Enemies; and promised the utmost of his own and his Friends Assistance. Ibidem, fol. 886. A. The King being well pleased followed his Advice, and forthwith sent his Edict to the Bishops, who readily obeyed it, and Anathe­matized C the Priests and Parishioners of their several Diocesses, if they went not with the King, at the time he should appoint, with their whole Strength against the Rebellious Normans. They came from Burgundy, Ibidem, B. C. Berry, Paris, the Countries of Orleance, Ver­mandois, Beavais, Laudun, and le Estamps, and other places, as Wolves to their Prey, and committed strange Outrages in their March, which the Bishops permitted out of hatred to the Normans. To these the King joyned an Army which he gathered from Noyon, D and the Isle, from Tournay, and Arras, from Gournay, and Clermont, and from all the Provinces of France, and Flanders, The French besiege Bre­teul. that he might restore to their ancient Honours all such as were in exile for the sake of William the Son of Duke Robert. With this Army he laid Siege to Bretteuill or Breteul, which is in the heart of Normandy; The Governor of this place was Ralph de Guader a Britain, The Valour of Ralph de Guader Go­vernor of Breteul. who valiantly sallied out upon, and fought with them, and commanded all the Gates of the Castle to be opened, but none could enter; such was E 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 Ibidem, C. D. the French were returned into Normandy, sent his Son Richard with a Supply of 200 Milites or Horse, to Ralph de Guader, which being discovered, the courage of the Assaylants began to fail them; The brave Governor went from Gate to Gate to encourage and aid his Soldiers, and often F changed his Armour, that he might not be known. The King fol­lowed his Son, and those he had sent before with a great Army, and resolved to fight the great Body of the French. But they despairing of taking the Town, were forced to return into France, The French march home. carrying back nothing besides plundred Goods, but Ignominy and Blows. 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, [Page 250] 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 Ibidem, B. C. Richer de Aquila a great Baron submitted to the King, and by the Mediation of his Uncle Rotro Earl of Perch, ob­tained his Fathers Estate both in England and Normandy. The Ca­stellans of Gloz and Lire followed his Example, made their Peace,A and delivered them up to King Henry.

In the midst of Ibid. D. An. Do. 1119. October (g) Calixtus the Pope, with the Roman h. (h) Senate came to Rhemes, stayed there fifteen days, and held a h. Council. There were fifteen Arch-Bishops, and more than two hundred Bishops,An Ecclesia­stical Council at Rhemes. with many Abbats and Dignified Men of the Church, for by the Popes Command they were called out of Italy, Germany, France, Spain, Britany, and England, the Isles of the B Ocean, and all the Western Provinces. Ibidem. King Henry's Prohibition and Directi­ons to his Bi­shops in this Council. The King of England indeed permitted the Bishops of his Kingdom to go to the Synod, but did altogether prohibite them to make any Complaints of any sort whatever, telling them he would do every one that complained, Right in his own Land. Ibid. fol. 858. A. That he paid yearly the Revenue those that had gone before him, had granted to the Roman Church; And yet, says he, I hold the Priviledges, in like manner acknowledged due to me in ancient times, declaring the further Liberty he gave C 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 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 D 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 E 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. Ibidem, fol. 859. B. All the French Clergy in this Council justified what he said, yet Geofrey Arch-Bishop of Rouen, and all the Norman Bishops F [Page 251] and Abbats rose up to make his defence and excuse him, but could not be heard.

In this Juncture Ibid. fol. 863. C. D. Tedbald Earl of Blois re­conciles the Noble Nor­mans to King Henry. Tedbald Earl of Blois the Kings 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 A also, and Julian his Wife, the Kings 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 recompence 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 B his Friends, humbly satisfied him, and thereupon to his own satis­faction was pardoned.

When this Council was ended, in 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 Gisors 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 C him and his Son William to the Dukedom. He 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 Fathers Inheritance, which was given away to Dissolute Men, Thieves, 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 ruine; With this Answer (which was the same the Norman D Bishops would have given in the Council to the King of France) the 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. 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 E delivered, and Prisoners on both sides set at liberty.

The War being Ibidem, fol. 867. C. King Henry comes for England. ended, and things well setled 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 F great Possessions in Britany, upon the Kings 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 Lire, and his whole Honour in Normandy. Which intended Marriage was never compleated.

[Page 252]When the Fleet 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, (Ibidem. fol 668. A. Prince Wil­liam, &c. 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. 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 Ibidem, fol. 871. A. distributed the Honours and Estates of such as perished in this Shipwrack very providently, for he Married their Widows,B Daughters, and Nieces to his Courtiers and Soldiers, and gave with them their Patrimonies.

King Henry 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 Lovain: She continued his Queen fifteen years, but never bare him any Children.

C

Many 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 Roberts 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 Kings Court, and used as tenderly as his own Children, and were both Knighted by him. Gua­leran besides his Fathers Estate, the Earldom of Mellent in France, had Beaumont and the Patrimony belonging to it in Normandy. His Brother Robert had the Earldom of Leicester in England, to whom D 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 Ibid. fol. 876. A. B. C. The Confe­derates. Confederacy were Almaric de Monteforti Earl of Eureux, the Kings perpetual Foe, Hugo de Monteforti, Hugo de Novo-Castello, or New-Castle, William Lupell, Baldric de Braye, and Pagan de Gisors, &c. who met in September, and entred into a ge­neral E Conspiracy.

The King Ibid. D. An. Do. 1122. Civil War in Normandy. understood their Designs, and in October sum­moned together a great Force at Rouen, and on Sunday after Dinner marched from thence, no Man knowing his Resolution, or whether he intended to go; for about two years Ibid. fol. 877, 878, 879. both Parties burnt and harassed the Country, took one anothers Towns and Castles. At length 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,F where Earl Walteran, Hugh de Montfort, and Hugh of Newcastle, his two Brothers in Law, and Eighty other Knights or Tenents in Military Service were taken; William de Grandcort, Son of William Earl of Ou, took Almaric flying from the Fight, but fearing the Kings severity towards him, left the King with whom he was en­gaged, and his Estate, and conveyed him to Beaumont, and went and [Page 253] lived with him an Exile in France. After Easter the Ibid. D. fol. 881. D. King brought to Judgment at Rouen some of the guilty Persons; Geofrey 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 A into England; 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 Kings 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 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, B 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 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 C 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 Gisors, and claimed Normandy, but the Normans were afraid to receive him as their Natural Lord.

It happened that on the First of 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 D 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. Williams carriage and behaviour towards the Flemmings was more cruel and harsh than they expected, and therefore they set up Theo­deric against him, to whom many Towns revolted, and amongst E 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 Lib. 8. c. 16. G [...]meticensis, his death happened on the Twenty seventh of July 1128. he died without Issue, as also did 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, F 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 Christmass he called together at London a great number of the Clergy and Optimates, or chief Men of the [Page 254] 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 Fathers death. the Bishops and Abbats to Swear, That if he should dye 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 A Swore was William Arch-Bishop of Canterbury, next the Bishops, and then the Abbats. The first Layman that Sware was Malms. Hist. Nov. 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, B by the Arch-Bishop of Rouen, and followed himself to see them Married, and Ibidem, n. 20. returned again that very year. The Norman Monk placeth this Orderic. fol. 889. A. Marriage in the year following, and says that Turgis Bishop of Auranches Married them.

In the 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, C and Anacletus possessed of that Seat; and then at Rouen he and his great Men made him many Presents.

The next 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.D

The year following 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 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. Peters Church in Gloucester.

E

In the Ord. fol. 900. B. C. D. An. Do. 1135. Geofrey 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) 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 i. his Daughter. He despised the Kings Admonitions and Advice, and so far provoked him, that he had thought of taking his Daughter F from him, and carrying her into England. He besieged Roscelin Vis­count of Beaumont in Mans, Son in Law to the King, and burnt that [Page 255] Town down to the ground. This was the Origin of great Dissen­tions 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 Garison 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 A 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 Ibid. fol. 901. B. C. Twenty fifth of November he came to Lions 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 B Sunday. His Body was brought into England, and buried in the Monastery of Reading. He orders 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.

C The noise of his Sickness drew the Noblemen about him, and there were present 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) Castellans. These k. ask the King about his Successor,Malms. Hist. Novell. 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 D 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, Ibidem, fol. 91. b. n. 10, 20, 30. for he was inflexi­ble in the rigor of Justice, and never suffered any thing committed E by Delinquents not consentaneous to his Dignity, to go unpunished.

These were the meer Secular Actions of this King, what he had to do with the Ecclesiasticks compleats his Story, and acquaints us with the foundation of all the Rebellious Actions and Practises, first of the Clergy, and then of the Temporal Barons, by their instigation, which will be related in the following History.

F

Church Story.

ON the 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 Arch-Bishoprick 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 Concil. Rom. tertium. Under Pope Ʋrban 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 Bishopricks and Abbacies,B for then 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. 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 depart the Kingdom, having scarce been confirmed in it. In the first he should as it were lose half the King­dom,C 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 easie 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 D 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 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 E for any Ecclesiastical Preferment.

This year Guido Ibid. fol. 58. n. 40. The Popes Legat not re­ceived in Eng­land. Arch-Bishop of Vienne in France came into England by Command, and in the Name of the Pope, as his Legat of all Britain, at which all Men admired, seeing it was never heard of before, that ever any Man was the Popes Legat in Britain, ex­cept the Arch-Bishop of Canterbury; and therefore he went as he came, no Man taking him for Legat, nor did he in any thing execute F the Office.

When 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 Append. n. 18. Paschals Letters to the King, [Page 257] against the giving of Investitures by Laymen, in which he seems to be of the same opinion with his Predecessor Ʋrban.

The King 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 Bishopricks and Abbies. He refused to do them; and the King told him he would not lose the usage of his Ancestors, nor suffer any A one in his Kingdom that refused him Homage. At length the Bishops and Princes 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 Ibid. fol. 63. n. 10. bring back from Rome two Epistles, Appen. n. 19. one to the King, in B which Pope Paschal by the Judgment 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 Arch-Bishop, that he would no longer deny him the enjoyment of his Fathers Customs, and if he did, to avoid the Realm. He refers the King to his Letters, (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, then he would comply. Ibidem, fol. 65. n. 10, 20, 30, &c. C 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 Ibid. f. 66. n. 30, 40, 50. Anselm would not be per­swaded to comply with the King. Bishops and great Men were on the Kings side, and perswaded Anselm to do Homage, and Consecrate such as the King should appoint to Bishopricks. But all D they could obtain from him was, that he would not withdraw his Communion from the King, if he gave Bishopricks, 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 Ibidem, n. 50. The King in­vests two Bi­shops by the Pastoral Staff. Controversie rested, and the King thinking he had the E advantage, invested two of his Clerks Bishops, by the gift of the Pastoral Staff; Roger the Chancellor in the Bishoprick of Salisbury, and another Roger his Landerer in the Bishoprick of Hereford.

This was done 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.

F

Anselm 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 Append. n. 20. Acts and Ca­nons [Page 258] of this Council are noted by Eadmer, as he received them from the Arch-Bishop.

Roger the Eadm. f. 68. n. 50. Elect of Hereford died not long after he was chosen, and Reinelin the Queens Chancellor succeeded him by the like Investiture; and the King 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 Bishoprick of Winchester some time before; He would have Conse­crated A 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 Arch-Bishop 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 Kings favour, and was B rem [...]ved from Court. The Arch-Bishop 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 clamor against the other Bishops. made a loud clamour, that he was a C 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 Judgment and Justice from the King, and urged him with repeated Prayers and Complaints, but could not move him.

D

About the 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 staid three days there, and by his Friends let the Arch-Bishop know,A wrangling Intercourse between the King and Arch-Bishop. 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. 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 E 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, asking what the Pope had to do with his business. The Arch-Bishop re-joyned, 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.F After much wrangling Intercourse between the King and Arch-Bi­shop, 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 [Page 259] 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 Abby of Bec in Normandy, he opened the Popes last mentioned Letters to him, A which Append. n. 21. contradicted what the Bishops had said, and were in all points answerable to his expectations. By Eadm. fol. 72. n. 10, 20, 30. Whitsuntide he was gotten no farther than Chartres, where Ivo Bishop of that place and other Friends perswaded 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 staid 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, B and presented with Gifts more than he would receive.

While he thus loytered in his Journey, Ibidem, n. 40. The King sends William Warlewast his Sollicitor to Rom [...]. the King sent William Warlewast, who had formerly sollicited 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 Apostol [...]ck See. 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 C many of the Romans; and the Pope and Anselm being both silent while the Controversie 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 Fathers Usages, prohibiting D the Investitures of Churches; and for a while respiting the Sentence of Excommunication his Predecessor had formed 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 Append. n. 22. The Pope confirms the Primacy of Canterbury. Epistle that confirmed to him all the Primacy E of the Church of Canterbury, as fully as any of his Predecessors ever enjoyed it.

Warlewast 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 Append. n. 23. to the King, to draw him to a compliance. Eadm. in vitâ Anselm. lib. 2. fol. 82. Col. 1573. Anselm and F William met at Placentia in Italy, and proceeding to Lions in France, William left his company, Ibidem. William Warle­wast forbids Anselm to re­turn into Eng­land unless, &c. forbidding him in the King his Masters Name, to return into England, unless he would certainly promise, that laying aside all obedience and subjection to the Apo­stolick See, the King might possess all the Customs of his Father and Brother.

[Page 260] Anselm staid at Ead. Hist. Nov. f. 75. n. 30. Anselm gives the King an account what he did at Rome. Lions, where he was mightily caressed by the Arch-Bishop 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 Append. n. 24. the Pope would not depart 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 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 B must trust to, he forthwith Commanded the Arch-Bishoprick to be seized to his own use; and after some time Anselm received at Lions 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 Ibidem. f. 78. n. 30, 40, 50. King again sends Messengers to Rome, to try if they C could prevail with the Pope to command Anselm to submit to the King; but he was so far from it, that he Append. n. 25. An Do. 1104. Anselm Ex­communicates the Kings Counsellors. Excommunicates by the Judgment of the Holy Spirit (as he says) all the Kings 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 Ibid. fol 78 n. 20. respited until further Consideration.

D

At length Ibidem. fol. 79. n. 20, 30, 40, 50. Anselm visits the Countess of Blou. Anselm came from Lions to the Priory of St. Mary 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 E 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 Arch-Bishop; To which purpose she desired him to go with her to Chartres. F

The King Ibidem, fol. 80. n. 10, 20, 30. The King dreads An­selms 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 [Page 261] 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 Bishoprick, and they entred into their old Friendship; And it was further urged by some who were earnest in that particular, that he might return into A England, the King consented, so as he would not withdraw his Com­munion from such as he had Invested, or such as had c [...]nsecrated them.Anselm would not comply with the Kings 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 Ibidem, n. 20, 40. Many Designs formed against King Henry upon supposition he would be Excommuni­ca [...]ed. the common Fame, that King Henry was to be Ex­communicated, B 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 Christmass.

C The Kings Ibidem, fol. 83. n. 20, 30, 4 [...], 50. Envoy to Rome was William Warlewast, and the Arch-Bishop'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 Houshold-Stuff sold. But not having raised a sufficient Sum as he thought, he fell upon the Clergy;Especially upon the Clergy. In the Council of D 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.

E

The Arch-Bishop Ibidem, fol. 84. n. 10, 20. The Bishops fall from the King of York and many other Bishops that were always firm to the King against Anselm, provoked with these Acti­ons, wrote Append. n. 26. to him to come into England, and use his power to relieve them and the Nation.

He wrote Ibidem, n. 40. back to him, that until the Messengers returned from Rome he could not help them, not knowing till then what his F power might be; And withall 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 Diocesses, and in case of neglect by them, to the Arch-Bishop and Primat.

[Page 262]Several Letters Ibidem, fol. 85, 86. passed between the King and Arch-Bishop about this Controversie, before the return of the Messengers from Rome into England; who first acquainted the Arch-Bishop then in Normandy with their dispatch from Rome, in which 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.

A

From Anselm 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 Abby of Bec, that there was no hopes of his coming; so that the King went to him, and arrived at Bec 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 Arch-Bishoprick. 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 B 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 Arch-Bishoprick which he had received during his Exile.

Things proceeding thus smoothly between the King and Anselm, he came for England, Ibidem, n. 40, 50. The obser­vance of the Queen to­wards Anselm. and landing at Dover, was received with a general rejoycing and exultation of the People; and the Queen C 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 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 D 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 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.

E

After which Victory 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 Troyes; The King suppos­sing he might have declared his mind in that Affair. At which time the Arch-Bishop being sick, the Council was again prorogued till the F First of August.

It was then a 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 Append. n. 30. Dispensation to Anselm, that they [Page 263] might enjoy them,For Priests Sons to hold Livings. and that he might receive Richard Abbat of Ely into his Communion.

At the time, according to the last Prorogation, on the First of August Ibidem, n. 20. An. Do. 1107. the Bishops, Abbats, and Proceres or great Men of the Kingdom met in the Kings Palace at London, and for three days there was a Debate between the King and the Bishops about Investitures, A Anselm being absent all that time; some perswading 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. 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 Abbat B should be invested by the Gift of the Pastoral Staff or Ring, by him­self or other Lay-Persons; 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. Lib. 2. f. 30. col. 1573. Eadmer in the Life of Anselm, delivers the last Passage C in other words, thus. All the Primores or Prime Men of England met in the Kings 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 Arch-Bishop of York. In this Council Anselm exacted obedience and subjection of Gerard Arch-Bishop of York, the King thought it sufficient if he per­formed D the same obedience he promised when he was made Bishop of Hereford, which Anselm accepted.

It was agreed in this 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 Ex­ceter, Ʋrban of Landaff, were Consecrated on Sunday the Eleventh of August, and on that day according to the Popes Command he de­livered E to Ealdwin Abbat of Ramsey his Pastoral Staff, of which he had been deprived Ibidem, 67. n. 30. for Simony in the Council of London.

In the 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 F King Henry, by the assent of all his Barons,Severe Laws made against Priests, &c. make severe Laws against Priests, Arch-Deacons, Deacons, and Sub-Deacons, 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 Ibidem, about the largeness of the Diocess of Lin­coln was in this Council, and the King, the Arch-Bishop, and other [Page 264] Principes or chief Men of the Kingdom,The Bisho­prick of Ely taken out of the Bisho­prick of Lin­coln. to make another Bishoprick out of it, and to fix the Bishops Seat at Ely. But though Anselm wrote to the Pope about it, the design was not finished in his Life time: Append. n. 31. yet not long after it was compleated, and Hervy Bishop of Bangor was first made Bishop there.

Thomas Elect of York deferred his Consecration Ib. f. 97. n. 40, 50. which An­selm supposed he did on purpose, to avoid his profession of Obedience A to the See of Canterbury, or that he would not come to Canterbury to be Consecrated, (as the Custom then 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 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 Bishoprick of York, Append. n. 32. Anselm sends his Epistl [...]s against Thomas Elect of York, to all the Bishops. until he had made B 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 thundring Ibid. f. 102. n. 30. Epistles against Thomas under his Seal, that they might observe the Contents of it.

Anselm Ibidem, n. 40, 50. An. Do. 1109. Anselm dies. died April 20. 1109. and the King held the Feast of C 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. Ibidem, f. 103. n. 10, 20, 30, &c. The Bishops stand close to the Contents of Anselms Epistle. The King awed by An­selms 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 Kings Consent and Command; They declare their reso­lution D 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 Priviledges of the Church of Canterbury, and Decree of his Father in the time of Lanfranc, to make his Profession, or Ibidem, n. 50. he should not have the Arch-Bishoprick of York; which he did, having considered the Au­thorities by which it was supported, Ibidem, f. 104. n. 10, 20. and his Profession was (l) included in the Kings Seal, that nothing might be altered. He E l. was Consecrated the Twenty eighth of July by the Bishop of Lon­don and other Bishops, being Sunday, in St. Pauls Church, and read his Profession in this Form.

The Form of the Profession of the Arch-Bishop 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 F [Page 265] Elected and Consecrated, and to his Successors Canonically inthroned; 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. [...]lor. Wig. fol. 654. On the First of August he received the Pall at York sent from the Pope by Cardinal Ʋlric, and the same day Consecrated Turget, Prior of Duresm, Bishop of St. Andrews in Scotland.

A

At next Christmass the Kingdom of England met according to Custom at the Kings Court at London, Eadm. fol. 105. lin. 3. n. 10. A Contest be­tween the Bi­shop of Lon­don and Arch-Bishop of York about Crowning the King. where there was a great and high Solemnity. The Arch-Bishop 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 Kings Head, and lead him by the right hand into the Church, and per­formed B the Office of the day.

In this Council 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 rejoycing 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 C of London, at least according to outward appearance.

But Ibidem, n. 40, 50. behold (saith my Author) some Abbats which were deposed for Simony in that Council, either obtained for Money those Abbies 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 Kings Edict grow­ing faint) by an infamous Commerce prevailed with their Bishops and Arch-Deacons that they might enjoy such Harlots as they had D forsaken, or take others which pleased them better. And fur­ther, such as wore long Hair, who were certainly Excommunicated by Anselm, 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, Ibid fol. 109. n. 10, 30. King Henry took the Arch-Bisho­prick of Canterbury and all that belonged to it into his own hands, E 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 Arch-Bishop of Canterbury; and on the Twenty fifth of April the Ibidem, fol. 110. n. 10, 20. An. Do. 1114. Ralph Bishop of Rochester made Arch-Bishop of Canterbury. Bishops desiring, and the King assenting to it, Ralph Bishop of Rochester was chosen Arch-Bishop; and it being declared to the Multitude, they rejoyced wonderfully. On the Se­venteenth of May he came to Canterbury, and was gloriously received F of the Clergy and Laity, and inthroned by the Bishops, passing the first days of his Entrance in mighty Pomp and great Splendor.

This done, the King designed speedily to go for Normandy, yet taking the opportunity of this Council, 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, [Page 266] and it was only their Country that kept them out; If he were an Englishman, no vertue 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 Ibidem, f. 113. n. 30. Anselm Nephew to Arch-Bishop Anselm brought his Pall from Rome, which was on Sunday the Twenty sixth of June, there came to the Metropolis the Bishops, Abbats, Nobles,A 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 Ibidem, f. 117. n. 50. f. 118. n. 10, 20. Flor. Wig. f. 656. Anno Domini 1115, 1116. The Contro­versie be­tween the Arch-Bishops of Canterbury and York. Salisbury, March 19. 1115. or as Florence of Worcester 1116. the Controversie between Ralph Arch-Bishop of Canterbury, and Thurstan one of the Kings Chap­lains or Clerks, who had been elected at Winchester on the Fifteenth B of August the year before, to the Arch-Bishoprick 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 C 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 Bishoprick of York. He answered the King and Arch-Bishop, That who ever was made Bishop there, he would never so long as he lived pretend or claim any Title to it.

D

Amidst this Controversie about August, Anselm that brought the Pall to the Arch-Bishop of Canterbury came into England, Ibidem, f. 118. n. 20, 30. with the Popes 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 Arch-Bishop of Canterbury (whom this business mostly concerned) should go to the King, and acquaint him with the ancient Custom E 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 Rouen, 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.

F

The Arch-Bishop Ibidem, f. 119. n. 40, 50. f. 120. n. 10, &c. goes on his Journey, but being hindred 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 Append. n. 33. The Pope confirms the Priviledges of Canterbury. Confirmation of all the Priviledges to the Church of Canterbury, that Anselm enjoyed, and so came back to the [Page 267] King at Rouen. This Confirmation was dated at Benevento, March 24. And the Ibidem, n. 50. Clergy of the Church of York, by their Solli­citors, mad Application to the Pope, for the Restitution of Thur­stan, without making Profession to the See of Canterbury; but they only Ibidem, f. 121. n. 10. Append. n. 34. obtained his Restitution by a Bull dated April the 5th then next following.

A Thurstan Ibidem, f. 121. n. 30. having thus been restored to his Bishoprick after two years abode in Normandy, returned into England, but the Arch-Bishop of Canterbury staid with the King, as did Anselm, Peter-Pence collected in England. until the Peter-Pence were collected in England, which he carried with him to Rome.

About this time Pope 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 B Popes, was chosen by the name of Gelasius. The Emperor set up Burdin Arch-Bishop of Braga in Spain, by the name of Gregory, and put him into possession of Rome. Gelasius left Ibidem, f. 122. n 40. f. 123. lin. 2. Italy and came into France, of which when Thurstan had notice, he went to Rouen, 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 Popes C death, after which the Cardinals, and such as came with Gelasius into France, chose Guido Arch-Bishop of Vienne in France, who took upon him the name of Calixtus. 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 duely elected to the Pa­pacy; yet the French, the King of England, France and England re­ceive Calixtus. with the Arch-Bishop of Canterbury acknowledged Calixt, and received him for Pope, de­nying Gregory.

D On the Nineteenth of October Calixt Ibidem. f. 124. n. 30, 40, 50. An. Do. 1119 A Council at Rhemes. held a Council at Rhemes, 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. Davids, and Ʋrban of Landaffe; The Arch-Bishop of Canterbury was sick and could not go. Thurstan also E 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 Cons [...]crated by the Pope. and was Consecrated Bishop by the Pope himself: Ibidem, f. 125. n. 10, 20, 30, 40. notwith­standing the King by a special Messenger had before given him no­tice F 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 Arch-Bishop of Canterbury, according to old Custom; in which affair he promised to act no otherwise than the King would have him; 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.

[Page 268]King Henry and the Pope met not long after at Gisors, in the Confines of France and Normandy, to Ibidem. The Pope yields the King should enjoy his Fa­thers 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 chiefly that no Man at any time should be sent as Legat into England, unless the King himself had some special Case or Plaint that could not be de­cided by the Arch-Bishop of Canterbury, and other Bishops of the Kingdom, and should desire him to send one.

Upon this Agreement 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 Bishoprick 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. Ibidem, They parted, and the King by his Envoy an­swered,B 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 Arch-Bishop 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 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 C 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. Arch-Bishop 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.

D

Soon after Ralph Arch-Bishop of Canterbury Ibidem, f. 130. n. 10, 20. Eadmer made Arch-Bishop 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 Arch-Bishop of St. Andrews; with the Kings leave the Arch-Bishop sent him, and on the Ibidem, fol. 132. n. 10, 20. Feast of St. Peter and Paul was Elected, and was invested or put in possession of the Bishoprick without receiving the Crosier or Ring from the King, or doing him E Homage; but when he came to be Consecrated, he would receive his Consecration no where but at Canterbury; and standing upon other Punctilio's, 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 Ibidem, fol. 139. &c. submissive Epistle to King Alexander.

F

In the Convention of great Men at Dover which came thither to meet and receive the new Queen, Ibid. fol. 136. n. 30.40. An. Do. 1121. Thurstan ob­tained a Bull for the enjoy­ment of his Bishoprick. there was Discourse of the difference between Ralph Arch-Bishop 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 Bishoprick under pain of an Anathema to the [Page 269] King, and Suspention to the Arch-Bishop. After great discussion of the Priviledges of the Church of Canterbury, left the Punishment determined in the Popes Letters might affect the King or Arch-Bishop, Thurstan was permitted to come into England, and go to York; but so, as he should not Celebrate Mass out of his own Diocess, until he had made satisfaction unto the See of Canterbury, by abjuring the obstinacy of his Mind.

A

Calixtus 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 Legats 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 Orcades. King Henry Ibidem, f. 138. n. 10, 20. The Popes Legat not ad­mitted in England. sent the Bishop of St. David's to Conduct him into England, and when he came, told B 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 Arch-Bishop of Canter­bury, Gervas. Dor. col. 1662. n. 30. An. Do. 1122. William Prior of St. Osith's chosen Arch-Bishop of Canterbury. and by the Kings Precepts all the Bishops, Abbats, and C 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 Popes Legat, 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 Ibidem, Col. 1663. n. 40, 50. adds, D 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 Arch-Bishop Wil­liam as Arch-Bishop, and Legat, called and presided in a Council at Westminster. The Canons of it are published by the Continuer of 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.

E

In the Twenty ninth year of his Reign this King 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. Ki [...]g 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 Arch-Bishop 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 F 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 Fol. 652. An. Do. 1104. Florence of Worcester says, it was not easie to declare what misery England suffered by reason of the Kings Exactions.

[Page 270]In the Sixth year of his 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 Hen. Hunt. f. 217. b. n 10. Marriage of his Daughter Maude to the Emperor Henry the Fifth, three Shillings A 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 Kings necessities, England was oppressed with 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,B 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 m. called Danegeld, of Twelve pence upon very (m) Hide, to be paid at certain Terms, and a forfeiture set upon such as did not duely pay it.

C

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 D first Married to Hen. 5th the Emperor. Her second Husband was [Page 271] Geofry (n) Plantagenet Earl of Anjou, by whom she had Henry the Second King of England; and two other Sons Chron. Norm. 994. A. Geofry and Ibidem, 999. C. William that died without Issue.

His Natural Children.

A 1. RObert created Earl of Gloucester in the Ninth of Henry the First, by Geneal. Hist. of the Kings of Eng­land, fol. 45. Nesta Daughter of Rhees ap Tewdor Prince of South Wales.

2. Richard begotten of the Ibidem, fol. 30. Widow of one Anskil a Noble­man in Oxfordshire: he was drown'd with Prince William his half Brother.

B 3. Reynald created Earl of Cornwall in the Fifth of King Stephen, was begotten of Fol. 50. Sibill Daughter of Sir Robert Corbet of Al­cester in Gloucestershire.

4. Robert by Fol. 30. Edith Daughter of a Northern Nobleman of England.

5. Gilbert. Ibid. f. 31.

C

6. William Ibidem, de Tracey, so named from a Town in Normandy, who died soon after his Father.

7. Henry by Ibidem, Nesta aforesaid.

8. Maude Ibidem, f. 32. espoused to Rotro Earl of Perch, who was Son to D Arnulph de Hesding that had great Possessions in England.

9. Another Maud Ibidem, Married to Conan Earl of Britain.

10. Julian Ibidem. Married to Eustace de Pacie Bastard Son of Wil­liam de Breteul, eldest Son and Heir of William, and elder Brother of Roger Earl of Hereford in England.

11. Constance Ibidem, f. 33. Wife of Roscelin Viscount of Beaumont, so E called from a Town in the County of Mayn.

12. Ibidem, Married to Matthew Son of Burchard of Montmo­rency, from whom descended the ancient Family of that name.

13. Elizabeth Ibidem, by Elizabeth Sister of Waleran Earl of Mel­lent Married to Alexander King of Scots.

F All these Base Children of this King are recounted in Gemeticensis, lib. 8. c. 29.

THE REIGN A OF King Stephen.

B

KING Stephen was third Son to Stephen 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 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 Ibidem. Eustachius Earl of Bologn. C

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. 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 D of England. And William Arch-Bishop of Canterbury, who first sware to be faithful to her,All the Bi­shops, Earls, and Barons consent to the Coronation of Stephen, notwithstand­ing their Oath to Maud, and do him Ho­mage. Crowned him on the 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 Ibidem, f. 221. b. n. 30, 40. Stephens Oath at his Coro­nation. Bishops, he would never E keep Bishopricks 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.’

F

‘ [...] 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 Col. 1340. n. 10. Canterbury says, That coming over in a swift sayling Ship, the People of Dover repulsed him, and the Inhabitants [Page 273] of Canterbury shut their Gates against him; and that the Londoners, with some Great Men, received him with Honour; where in Dis­course between Stephen, and some of the Chief Men of England, about the Succession of the Kingdom, in the presence of William Arch-Bishop of Canterbury, he said,The Arch-Bishop scru­pled the Co­ronation of Stephen, and how he was satisfied. Anno Domini 1135. That by reason of the Oath he had made to Maud the Empress, he dare not Crown any other. One of the most powerful Men of England standing by, sware, he A was present, when King Henry voluntarily, and in good Faith, re­leased that Oath. Which being heard, Stephen was Elected by al­most all of them, and Crowned by Arch-Bishop William on the 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 Popes Bull, which may be found in the History of Richard Prior of Hagustald, Col. 313. n. 30.

B

He found a vast Treasure that King Henry had left; Malmsb. f. 101. a.n. 50. King Henry left a vast Treasure; with that Ste­phen raised and maintain­ed an Army of Strangers. One hundred thousand Pounds in Money, and Gold and Silver Vessels of all inestimable value. This drew to him very many Soldiers, es­pecially out of Flanders and Brittany, besides the English, which at present so Established him, as neither the Duke of Anjou, nor his Brother in Law, Robert Earl of Gloucester, thought fit to at­taque him; who after Ibidem, n. 40. Robert Earl of Gloucester doubtful what to do. Easter came out of Normandy into Eng­land. C Being very thoughtful what to do; if he should submit to King Stephen and acknowledge him, then he should go contrary to the Oath he had made to his Sister; if he did not submit, he could have no opportunity of doing any thing for the advantage of his Sister and her Children. 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 D 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 Ib. n. 10. A. D. 1136. The Bishops sware Fealty to him upon Conditions. year, not much after the coming of the Earl, the Bishops sware Fealty to the King, so long as he should preserve the Liberty and Discipline of the Church. And then he gave them a Ibidem, & n. 20, 30. His Charter chiefly to the Church, and what he granted by it. Charter, by which he obligeth himself to maintain inviolably the Liberties, Ancient Customs, Dignities, and Priviledges of the Church, and that it should enjoy all the Possessions and Tenures it E had, the day his Grandfather, King William, died He gave also leave to Bishops, Abbats, and other Ecclesiastical Persons to distri­bute and dispose of their Goods before their deaths. When Bisho­pricks were void, he granted, that they should be in the Custody of the Clerks, or other good Men of the Church, until it was pro­vided of a Pastor. The Forests which his Grandfather King William, and his Uncle King William had made, or held, he reserved to him­self; such as his Uncle King Henry had made, or superadded, he re­stored F to Church and Kingdom. All Exactions, unjust Customs, and Practises, he prohibited, and Commanded the good Laws, an­cient and just Customs should be observed. This Ibidem, n. 40. He confirmed his Charter by Oath, but ne­ver kept it. Charter was granted at Oxford, in the first year of his Reign, Anno Dom. 1136. to the observation whereof he bound himself by Oath; but, as the Historian noteth, kept it not, for he Ibidem. seized the Treasure of Churches, and gave their Possessions to Laymen; He turned out [Page 274] the Incumbents,His usage of the Church, and Church­men. and sold them to others: he imprisoned Bishops, and forced them to alienate their Possessions; Abbies 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 perswaded him,And Mona­steries. never to want Money, so long as the Monasteries had it.

The first that gave him any considerable Trouble was Gesta Stephan. f. 934. A. 936. D. Baldwin de Redvers forti­fied Exceter Castle against him; yielded for want of Victuals. Bald­win de Redvers, Earl of Devonshire, and Lord of the Isle of Wight; A he fortified and Manned his Castle of Exceter against him, which the King besieged, and at last it was, for want of Victuals delivered to him; The Defendents had liberty to go whether they would, and carry what they would with them. The Earl went into the Isle of Wight with 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 B 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 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, &c. entred Northumberland, and seized the Towns of Carlisle, Werke or Warke, Alnwick, Norham, and New-Castle, and intended to take in Durham, but King Stephen C 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 New-Castle, Warke, Norham, and Alnwick, and had Carlisle given to him. Stephen also gave to Henry his Son, the Earldom of Huntingdon, which had been King Davids, and the Town of Doncaster, and all that belonged to it.

In the year 1137. King Stephen, in the beginning Malmsbr. f 101. b.n. 50. King Stephen goes into Nor­mandy; Earl Robert fol­lows him. of Lent, sailed D into Normandy; Robert Earl of Gloucester, having tried his Friends, and knowing who were faithful, followed him at Easter. By the Contrivance of Ib. f. 102. 4. lin. 2. King Stephen useth treache­rous Practises 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 practise, 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; E 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.] 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,F 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.

[Page 275]The next year, in England, happened many intestine Malmsb. Histor. Novell. 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 A Strength, wasted the Kings Lands, and plundered his Tenents. 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 asking,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 B his Sister, and within some competent time, to defie 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 Popes 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 C the Oath made to his Sister. Their Answers were the more prevalent with him, being backed with the Popes 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, levelled all his Castles, except that at Bristol, which was a great Check and impediment to the success and D progress of all his Affairs.

The 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 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 E 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 in­closed 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 Bishoprick. 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 F 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; perswading 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;

[Page 276]At Oxford, about the 24th of June, was a Ibidem. n 40, 50. f. 103. a. lin. 1. &c. 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 Kings 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 Reteiners and Servants of the Bishops, and the Reteiners and Servants of Alan Earl of Britanny quarrelled, about taking up Lodgings; from A Words, it came to Blows, many were wounded, and one Knight killed, but the Bishops Men were superior in the Conflict. The King takes the advantage, Commanded the Bishops to be Con­vented, that they might satisfie 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 B 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 C his own accord, without force, resolving to fast, until it was in the Kings 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 ren­dring his Castle speedily.

Ordericus Vitalis tells this Story otherwise; He 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 D 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 Flemming, before with an Army, to take in the Castle; who carried Roger the Bishop, and Roger the E Chancellor with him, and swore the Bishop should not eat until it was delivered to him; and further, erecting Gallows before the Castle Gate, threatned 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, Ib. n. 10. Hugh Arch-Bishop of Roven defends King Stephen. Hugh Arch-Bishop F 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 Ecclesiastick; 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 Doings. Henry Bishop of Winchester, King [Page 277] Stephens Brother, and the Popes Legat, affirmed, Ibidem. & n. 20, 30, 40, 50. The Bishop of Winchester, and Popes Le­gat, 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 Kings Court, but to be judged by the Canons; nor to be deprived of any thing, but by a publick 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.

A

On that day appeared most of the Bishops of England, A Council of Bishops at Winchester. with Theo­bald Arch-Bishop of Canterbury; Thurstan Arch-Bishop of York was excused, both in respect of Health, and present Care in the Defence of the North parts against the Scots. The Popes Legat aggra­vates King Stephens sup­posed faul [...]s. The Legat first produced his Commission from the Pope, and then made a Latin Speech to the Clergy, wherein he aggravated his Brothers Fact, in that he should Command the Bishop of Salisbury to be taken in his Chamber at B Court, and the Bishop of Lincoln in his Lodgings without notice; And Exhorting the Arch-Bishop and others, to consult what was needful to be done, telling them, that for the loss of his Brothers 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 Legat immediately answered, That he who was guilty of such a Crime, as that Age never saw, C knowing himself to be a Christian, ought not to take it hainously, 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 Judgment of the Canons. The Earls when D they had heard what was said, went out, and not long after return­ed again. 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 Kings Answer.

This great Lawyer in Ibidem, n. 10.20. Alberic de 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 Reteiners, presuming upon his Power, moved Sedition: who as E 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 Lyons, 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 Kings Enemies, which appeared to him in many In­stances, F but most especially in that, when Roger Mortemer, with the Kings Troops which he commanded, sled 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 Kings Servant, that had transacted the Kings Business, and [Page 278] received Wages for so doing; That the Castles were not taken from them, but they freely rendred 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 Ʋncle King Henry, his Prede­cessor, the Bishop He was then Treasurer, and what ever he asked of King Stephen Lands, Castles, &c. 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)A 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 bare to Earl Alan, and was therefore made the Author of the Tumultuous Actions, and Violence committed by his Followers.

The Bishop of Salisbury Ibidem, n. 30, 40, 50. The Bishop of Salisbury threatens to Appeal to Rome. Replied, he never was the Kings Servant, nor had received his Wages: and threatned, that if he B could not find Justice in that Council, he would seek it in a greater Court. The Legat 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 practise 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 Kings Request, the C Cause was adjourned unto the next day, and to the next after that, until the Arch-Bishop of Roven came; who granted, the Bishops should have Castles,The Arch-Bishop 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, ought to permit their Places of Strength to the Kings 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 D 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 Ibid. f. 104. a. lin. 2. The Bishops forbear to Censure the King accord­ing to the Ca­nons, and why. The Legat and Arch-Bishop cast them­selves at the Kings Feet, to persuade him, &c. 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 E Blades; and so they parted; and this Council was dissolved on the first of September. Yet the Legat and Arch-Bishop, according to their Duty, threw themselves at the Kings 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 Ecclesiastick Governments.

On the Thirtieth of the same Ibidem, n, 10.20, 30. A. D. 1139. Earl Robert and his Sister land at Arun­del. September, Robert Earl of F 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 M. Paris. f 77. n. 40. County of Sussex in Dower, from King Henry the First, whose Widow she was, but then Married to William de Albini. [Page 279] 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 Malmsb. ut supra. Mes­sengers, and with twelve Knights only, or Men at Arms, went to­wards Bristol. The King came presently before Arundel, and 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, 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 A 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 B 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. 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 Defendents Hanged. The Gover­nor of Dover affrighted, with that Ex­ample, yields the Castle. Gef­fry Talbot, with the City of Hereford, declared for her, — Paganell, and the Town and Castle of Ludlowe, and a great part of C 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 D 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 Plundring.

E

While King Stephen was thus employed, Hen Hun. ibid. b. n. 10, 20, &c. 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 Arch-Bishop 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 Voluntiers of those parts resorted, which were raised by the Industry, Diligence, F 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 Peuerel of Nottingham, Roger de Molbraio, or Moubray, 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 [Page 280] and Resolution,His Army Routed. whereupon they fled, and the English obtained a compleat 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 Abbat 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 Kings Reign, in most of the Historians, we read of nothing almost, but Fire and Sword, Blood A 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 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,B 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 Citi­zens Goods carried into the Cathedral. There was scarce room in the Monastery for the Clergy; All the Hangings 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.C 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 Classe, &c. But we fearing the Ornaments of the Sanctuary carried abroad in our Surplesses, the Reliques of our most benigne Patron Oswald, with humble Procession, the whole Quire and Company singing aloud, and walking D with them, in the Church-yard, 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 Citizens 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 E them away; and had they, or had they not wherewithall to pay the Price put upon them, they were compelled to pay such Ransom, as by Oath they had promised.

a.

On the Thirtieth of Ibidem, f 673. The Earl Worcesters re­venge for the destruction of that City. The Earl of Worcester who he was. November, (a) 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 F [Page 281] upon (b) John Fitz-Harold, who had deserted the King, and gone b. over to the Earl. There he stayed two days,Sis Soldiers Rapine. and rendred 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 Christmass.

A

After that Solemnity, he came to 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 Garison in the Isle, and returned to Worcester with the Earl there­of, and a very great Army, with which he went to reduce Hereford. B In the mean while he remained before that place, See all these Practises af­firmed by Wil­liam of Malms­bury, f. 105. a. n. 10, 20. The Earl of Worcesters 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 burnt 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 Abbat and Friers. The Spoils taken were great, as well of Men, as of Goods, and Beasts; but after C 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, in­jur'd, D or highly affronted, they frequently got together all their Men at Arms, or Knights that held of them, their other Tenents, and poor Dependents, and as much Assistance from their Friends and Confederates as they could, and burnt one anothers 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 E confidence, under the Notion of a Publick War, and asserting the Right of that side they struck in withall, 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 inhumane 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 F [Page 282] 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, 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 Kings Reign,A there were in England Camden. Britan. f. 199, 200. so many Tyrants, as there were Lords of Castles; every one pretending to Coyn Money, and to exercise the Rights of Majesty. The King had with him, very many Flem­mings and Britains, who were accustomed to live by Plundring, that came to England in expectation of great Booty.

Presently after Malmsb. f. 105. b. n. 10, 20. A Treaty of Peace pro­pounded by the Legat. Whitsunday this year, by the Mediation of the Legat, there was a Treaty of Peace in a Plain near Bath; The B Commissioners for the Empress were Robert Earl of Gloucester, and others; for the King, his Brother the Legat, the Arch-Bishop 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. Ibidem. It ended without suc­cess. Toward the later end of September, the Legat went over into France, to Confer with the King, and Theobald Earl of Blois, (King Stephens elder Brother) about the Differences in England, and how they might be C Composed.Proposals of­fered to them by the Legat, 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 Ord. Vit. f. 921. A. B. year 1141. according to F. 105. a. n. 30. An. Do. 1141, 1142. Lincoln Castle surprized 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, D surprized 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 sollicites As­sistance from the Empress, and Earl of Gloucester. The Earl of Chester, in the Night, gets out of the E Castle, goes into his own Country to raise Friends there, and Welsh; He further applied himself to his Father in Law, (being very solli­citous 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 Ord. Vit. f. 921. C. D. f. 922. A. B. The Earl of Chester ob­tains As­sistance. Gloucester takes hold of the occasion, joyns the Forces he had, and others he immediately raised, with those of his F 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 Flemmings, which William de Ipre Commanded, and of Britains, which Earl Alan Commanded: The other was Commanded by Waleran Earl of Mellent; There were [Page 283] also in this Army William de Warenna, Gilbert de Clare, and Balduin, Fitz-Ʋrse, Engelran Saye, 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 Flemmings and Britains, and soon routed them;The Kings Army routed. The Earl of Chester charged the Earl of Mellent, who fled presently; A King Stephen shewed 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 Fitz-Ʋrse, Engelran de Saia, and Ilbert Lacy staid 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.

B

The 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 Ib. n. 50. & b. n. 10, 20. with great importunity, by Messengers, moved the Legat, C 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 Legat 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 Bishopricks and Abbies, if he would keep perpetual Fidelity to her, and with Holy Church receive her as Queen. The Earl of Gloucester, Brian D Fitz-Count March [...]o de Walingford; He was Con­stable of Wa­lingford Castle. The Legat ac­knowledged her Queen. His Oath to her. Marquess 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 Le­gat led her into the Church by the Right Hand, and the Bishop of St. Davids by the left. There were many Bishops, Abbats, Ba­rons, E and Knights present. Contin. [...]lor. Worcest. f. 676. The Legat 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 Arch-Bishop, and made his Recognition of her as Queen; Here she kept her Easter, and there was a mighty affluence of People.

F On the Ninth of Malms. ut supra, n. 30, 40, 50. f. 106. a. lin. 1. &c. 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 Legat presided, notwithstanding the Arch-Bishop of Canterbury was there. The Legat 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 [Page 284] of the flourishing estate of the Kingdom, The Legats 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 A 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; Abbies were sold, and Churches robbed; 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 B God had exercised his Judgment 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 C her we promise our Faith, and Defence of her Person and Govern­ment.

All that were Ibidem, n. 10. present either assented to what he said, or by their silence seemed not to contradict it. The Legat 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 D 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 Legat, the Arch-Bishop, and all the Clergy pre­sent. The Legats Answer to their Peti­tion. E The Legat 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 Ibidem, n. 20. King Stephens 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 Legat,F 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 intreated 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.

[Page 285]To this the Legat gave such an Ib. n. 30. The Legats Answer to the Queens 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, Ibidem. King Stephens Friends Ex­communi­cated. many of the Kings Party were Excommunicated, by name William Martel, who had been his Butler, and was then A his Steward, whose Advice the King had followed in many things; and so this Council was Dissolved, which sate only three days: For the first meeting was Ibidem, fol. 105. b. n. 20. The Council sate but three days. Feria secunda post Octavas Paschae, which was Wednesday in the Week after Easter-week, and it ended Ib. f. 106. a. n. 30. Fe­ria quinta, of the same Week, which was Friday.

From Wilton the Cont. of Flor. of Worc. fol 676. Oxford Castle delivered to the Empress. She comes to St. Albans, 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, B 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. Albans, where many Citizens of London met her, and Treated about delivering the City to her: To which place she came, thinking her self secure, with a great Company of Bishops and Barons. At Westminster she was re­ceived with a stately Procession, and staid there some days to give Directions and Orders about the State of the Kingdom; and first of C all provided for the welfare of the Church.

This Matter being over, King Stephens Ibidem, f. 677. The Empress sollicited for the Liberty of King Ste­phen, and other things, which she de­nied, as the Laws of King Edward. Wife sollicited the Empress for her Husbands Liberty: She was also sollicited 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 D himself to the Service of God, either as a Monk or Pilgrim. This she would not grant. The Bishop of Winchester sollicited her, to give the Ibid. & Malms. f. 106. b. n. 10. And the Earl­doms of Bo­logn and More­ton to be set­led 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.

E

For this her Rigidness, (as was pretended) the Londoners 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 Legat 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 Ʋt supra, a. n. 50. says, were al­ways suspected, and never Cordial in the Reception of the Empress, F and only complied, until they had an opportunity to shew them­selves.

Having this advantage, the Legat went to his Brothers Wife Malms. ut supra. The Legat 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 [Page 286] of the Bishops,He absolves his Friends. And publish­eth his Com­plaints against the Empress. absolves all those of his Brothers 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.

A

The Empress when she left London in such haste, went through Cont of Flor. of Worc. fol. 677. The Empress goes to Ox­ford, &c. Milo of Glou­cester made Earl of Here­ford. His great Kindness and Beneficence to her. The Earl of Gloucester goes to Treat with the Le­gat. Oxford to Glouc [...]ster, and by the Advice of Milo, her constant Friend, and faithful Subject, she presently returned to Oxford again, and staid 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,B 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, 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 Legat, but returned to Oxford (where his Sister had then fixed her Residence) without success. She, by her Brothers Relation, finding the Legat had no kindness for, or C inclination to her Cause, marched to 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 D 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 Legat 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 streightned without, Fire was thrown from the Bishops Tower upon the Citizens Houses,E because they were more inclined to the Empress, than to him; This Fire took hold of a Nunnery within the City, and burnt it down, and of the Abby called Hide without the City, and burnt that down; William of Ipre burnt also the Nunnery of Warwell, which was six Miles from Winchester.

The City being thus, as it were, besieged, 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 F 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 Noblemen especially, with great speed kept on their Journey, and escaped to the Castle of Devises. So they left Winchester on the day [Page 287] 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 Sisters Cause. The Earl was sent Prisoner to Rochester, and attaqued both by large Promises, Per­suasion, and Threats, to leave his Sisters 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 A 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 Legat proceeds in his Design to ruine the Empress,Anno Domini 1142▪ or 1143. and by his Legantine Power Ibid. f. 108. a. n. 30. The Legats Design to ruine the Em­press. calls a Council to meet eight days after St. Andrew at Westminster. The Popes Letters to him are openly B 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 Ibidem, n. 40, 50. King Stephen makes his Complaints in that Council. The Legat 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 Legat by his Rhetoric endeavours to free his Invidious Actions from C Censure, pretending he received the Empress by Compulsion and Ne­cessity, not with Favour or good Will: for presently after the Kings 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. D 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 Apostolick See; and to Excommunicate all Perturbers of the Peace, that favoured the Dutchess of Anjou.

The Historian says he was not present in this Council, and there­fore E Ibidem, lin. 37. could not say so exactly what was done in it, as in the for­mer, but he thought the Legats words Ibid. b. lin. 1. &c. The Legats Speech in that Council not received by all, though by silence al­lowed. The Empress defended by a Laick. 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, forbad the Legat 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, F was by his Connivance. This the Messenger said and much more with great Briskness, but could not move the Legat to Anger, or to make Answer.

From the time of this Council until 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 [Page 288] 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 A 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, &c. 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. B

Robert 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 C take in many Castles which yet held out against him. This indeed was a very weighty Objection at that time; for 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 Arch-Bishop of Roven, John Bishop of Lisieux, and many other Bishops, Abbats, Earls, and Barons, and Governors of Towns and Castles submitted to the Government D and Dominion of Earl Jeffry, and Maud the Empress; He had been, and was then busied in reducing such as would not yield. 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 staid 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.E

In the mean time, while the Earl was absent, the 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 Garison, 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 burnt it, and besieged the Empress who was in the Castle, only with her Domestick Servants; and pro­secuted the Siege so resolutely, that he declared, he would not leave F 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, [Page 289] 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, hastned 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 A 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 Defen­dents 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, B now Lulworth Castle in Dorsetshire.

From thence he marched toward 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 C 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 slipt away from Oxford: D those that staid kept very loose Guards, and remiss Watches; which being 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 Defendents 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 her self in White, and by that means escaped undis­covered. Thus far William of Malmsbury, and no further; who E wrote the things which happened in England between Maud the Em­press, and King Stephen, at the particular 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 Garison of the 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, F came thither, and set fire on the Town where the Kings Soldiers lay, which put the King into such a fright, (who then was in the Nun­nery) that he left his Plate and other Goods behind him, and by the benefit of a dark Night, hardly escaped with his Brother Henry Bishop of Winchester; The Earls Soldiers killed many of the Kings, and took many; amongst them Gervas. ut supra. Col. 359. lin. 1. &c. William Martel taken Priso­ner, his Ran­som. William Martel, for whose Re­demption there were given 300 Marks, and the Castle of Sherborn.

[Page 290]Not many days after, Ib. n. 10. Milo Earl of Hereford dies. An. Do. 1144. Milo Earl of Hereford, one of the chief Counsellors, most faithful Friends, and greatest Supporters of the Empress died, to her great Grief and Misfortune.

The next year King Stephen seized upon Geofry de Magna villa, in his Court at St. Albans, and kept him Prisoner Ibid. Col. 360. n. 10 Hen. Hunt. ut supr. n. 40. King Stephen seiseth Geofrey de Magna villa, he gives up the Tower of London, his Castles of Walden and 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 A much trouble, and Plundered Ramsey Abby.

After this the King again besieged the Castle of Lincoln, where the Earl of Chester destroyed eighty of his Ib. n. 50. Workmen and En­gineers, so as he was forced to depart, having done nothing; From thence he gathered a great Force, and marched to 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 B 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 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 Garison to keep in and hinder the Excursions of the Garison of Walingford. Hither came to the King Ranulph Earl of Chester, and made his Peace, and added to his Forces a considerable Strength; A while after he came C to the Kings Court at Northampton, where he was taken and kept in Prison, until he had delivered to the King the Castle of Lincoln, in which City he kept a most splendid Christmass.

Geofrey Earl of Anjou having subdued and 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 D 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 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.E

In the year 1149. Henry the Son of the 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,F 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.

[Page 291]This raised Ibidem, n. 60. & Col. 1367. lin. 1. David King of Scots comes to Carlisle. great Suspicion in King Stephen and his Son Eustachius; for when the King of Scots with his Forces, and his Ne­phew with the So called in respect of the East parts of Scotland. The two Kings of Eng­land and Scot­land retreat one from ano­ther. Western Barons of England, were united in the foresaid Solemnity, King Stephen came to York with a great Army, lest they should surprize that City, and stayed there unto the end of August; but both the Kings, one at Carlisle, the other at York, were afraid of one another, and so of their own accords they retreated, A Stephen towards Lincoln, and David toward Scotland, but Eustachius Son of Stephen, now also Knighted by his Father, made great havock and spoil upon the Lands belonging to the Earls and Barons which favoured Henry, Ibid. Col. 1367. n. 30. An. Do. 1150. These old Hi­storians begin the year at Christmass. Henry receives the Dukedom of Normandy. who in the beginning of January in the year following sailed into Normandy, and with his Fathers good liking, received that Dukedom Chron. Norm. f. 984. B. C. D. The King of France takes offence at it. They are re­conciled. Geofrey Earl of Anjou, Henry's Father dies. as his Inheritance by his Mother. At which the King of France took offence, raised an Army, and with Eu­stachius in his Company invaded Normandy, and besieged the Castle of B Arches. Earl Geofry and his Son prepare to oppose him, in the mean time he burnt the City of Sees, and when the Father and Son had drawn together a great Army, and Marshalled their Troops, by the Mediation of Wise Men, the King received the Homage of Henry for the Dukedom of Normandy, and one Gerrard Berlas, Lord of the Castle of Monstreul, out of Prison, and so rested satisfied. Be­ing thus in quiet, Duke Henry intended to call together all his great Men of Normandy on the Fourteenth day of September at Lisieux, to C Treat and Consult about his Voyage into England; in the interim his Father labouring under a great Fever, died on the Seventh of the same Month, and left him Lord and Heir of Normandy and Anjou.

Within less then half a year after there happened some Discontent between Lewis 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 D 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 duely separated by Ecclesiastick Authority. And about 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 Ib. C D. The King of France dis­pleased with that Marriage. He Invades Normandy, &c. Duke Henry makes Peace with the King of France, and beats his Bro­ther out of Anjou. King of France was much moved, E(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 F to him.

While he was setling 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 Chron. Ger. col. 1371. n. 50. Hen. Hunt. f. 226. b. n. 30. a General Council at London; That is to say, Theobald the Arch-Bishop, the Bishops, and Great Men of England. He [Page 292] propounded to them the Coronation of his Son Eustachius, King Stephen desired to have his Son Eustachius Crowned. The Arch-Bi­shop refused to do it. that thereby he might deprive Duke Henry of his Right; and particularly required the Arch-Bishop 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, Chron. Gervas. Col. 1372. lin. 1. Hen. Hunt. ut supra. the King, his Son, and those which favoured him, were vehemently A 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 Arch-Bishop made his escape out of the House, and got over the Thames in a Boat, (leaving some of the Bishops wavering,The Arch-Bi­shop flies be­yond Sea. and in a Complying Tem­per) and fled to Dover, and so beyond Sea. And so the Kings 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. B For his Resolution in this Case, and Flight, the King seized and spoiled all his Lands and Possessions.

Not long after the King besieged Hen. Hun. ibid. n. 40. Chron. Gerv. 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.C

This year died 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 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 hastned over with this news from Walingford, came with an Army into England, and first of all Besieged and took Malmsbury D Castle, where Robert Earl of Leycester came in to him, and also more than thirty strong Castles with their Garisons submitted to him.

From 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 Kings Forces in it, with a large Ditch or Trench, and so ordered the matter E that his Forces in Walingford might go out, but those which he had begirt could no 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 F to a further Treaty, and each parted to his Army.

Before the second Ibidem. 30, 40. Treaty and Overtures for Peace, Eusta­chius, King Stephens 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 [Page 293] Peace. Theobald Arch-Bishop of Canterbury laboured heartily be­tween the King and Duke, to bring them to an Accord; 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,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 A that Henry as Lawful Heir should succeed him. The Bishops and Barons were summoned by the Kings and Dukes 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 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.

B

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 Waggons passed over it; The Frost began De­cember the Tenth, and ended February the Nineteenth.

C

Of Ecclesiastical Affairs.

THere hath been three Councils of Bishops and Clergy only before mentioned; One was held on the 29th of August 1139. D 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 meerly 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 Popes Legat calls a Council of the Clergy. the Popes Spe­cial Comissary, or Legat in England, and Scotland, by 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 E 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 Arch-Bishop, that See being then void. There were sixteen Ibidem, Col. 1347. n. 10, 20. The Popes Legat directs the choosing of an Arch-Bishop 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.

F The year following Theobald Arch-Bishop of Canterbury, Simon Bishop of Worcester, Roger Bishop of Coventry, Robert Bishop of Exeter, and Rainald Abbat 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, [Page 294] 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 practise of the Pope was new, to call particularly, whom he pleased to Councils.A

Constitution V. None may receive a Church, or any Ecclesiastical Ibidem. The foremer part of this Constitution about Inve­stitures, was new. Buying of Be­nefices prohi­bited. Married Priests, and such as kept Concubines deprived of Ecclesiastick Benefices, &c. 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. Concil. vol. 2. f. 41.B

Constit. VII. Walking in the steps of the Holy Fathers, we deprive Married Priests, Deacons, and Sub-Deacons, and th [...]se that have Con­cubines, of their Ecclesiastical Benefices and Offices; And by Apostolical Authority, we forbid all People to hear their Masses.

Constit. IX. If any one Kills, Ibidem, Col. 1348. lin. 5. & n. 10. Imprisons, or lays his Wicked Hands upon a Clerk, Monk, or Nun, or any Ecclesiastick Person, unless C he makes satisfaction upon the third Admonition, let him be Anathe­matized; Nor shall any one (unless in danger of Death) enjoyn him Pennance 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; D nor made they scarce any distinction of Places in their Ra­pine or Plundering.

Constit. XI. We prohibit by Apostolick 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 E Lay Patron, which was Originally grounded upon the Feudal Law, and the Erection of a Church within the Precinct of his own Fee or Maner, 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 F him and the Legat, with some of the Chief Men, and Bishops of England, chose Theobald Abbat of Bec Arch-Bishop 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 Kings High, or Great Constable.

[Page 295]Notwithstanding the Ninth Constitution of this Council, the Soldiers abated not of their rough usage of the Clergy and Ecclesia­sticks: and therefore the Bishop of Winchester and Popes Legat, to check their Barbarities, Rog. Hoved. f. 279. b. n. 40. called a Council at London in the Eighth year of this Kings Reign, Anno Domini 1143. in which it was thus Decreed.

A 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 F. 79. n. 30. adds to this another Decree, ‘ [...]That the Churches B 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 Ploughmen. and that the Ploughs and Ploughmen in the Fields should enjoy the same free­dom; and they Excommunicated all Contraveners to this Decree, [...]with 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, C Anno Domini 1151. holden at London Hen. Hun. f. 226. b. lin. 3. by Theobald the Arch-Bishop of Canterbury, and the Popes Legat, 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 Hun­tington (without doubt then present at it) was mad with Appeals.Appeals to the Pope were now first used in Eng­land. For in England Appeals were not in use, until Henry Bishop of Win­chester, while he was the Popes Legat, cruelly to his own mischief, drag­ged them in; and in this Council there were three Appeals to the Pope.

D

Besides these three, there were many Appeals to Rome in this Kings Reign. Upon the Vacancy of the Radulf. de Dice [...]o, Col. 506. lin. 1. An. Do. 1136. Bishoprick of London, the Dean and Canons could not agree in the Electing of a fit Person to be Bishop, several were propounded. The Canons without the knowledge of the Dean chose Anselm Abbat of St. Edmonds-Bury; 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 E proved what a large Bag could do, for at their return he was in­vested, and had possession of the Bishoprick. Ib. n. 50. An. Do. 1138. The Dean by two of the Canons, and his Domestick Clerks, Ralph de Langeford, and Richard de Belmeis, his Sollicitors, Appeals to the Pope; He having heard their Allegations, and by them received the Arch-Bishop of Yorks Letter and Certificate concerning Anselm, and with the 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 F the Canons was made without the knowledge of the Dean, who ought to have had the first Voice, it was therefore void. Ibidem, n. 50. And then the Pope committed the Care of the Church of London, by the Kings favour, to the Bishop of Winchester; and so held it as it were in Com­mendam from the Pope two years. This Man had ill luck, for after he had possession of the Bishoprick of London, Ibid. Col. 506. n. 50. Ordingus the Prior was chosen Abbat of St. Edmonds-Bury, and so he lost both.

[Page 296] Richard de Belmeis aforesaid had been Ibidem, Col 5 [...]7. n. 10, 20, 30. An Appeal to the Pope for the Arch-D [...]aconry of Middlesex. made Arch-Deacon of Middlesex, but was too young to execute the Office, which Hugh, one of his Uncle Richard de Belmeis, the then Bishop of London's Chaplains was to manage for him. When Richard became [...]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. A

In the year 1147. Pope Eugenius held a Council at Rhemes; Chron. Gervas. Col. 1363. n. 30. The Clerks of the Church of York Appeal to the Pope. He Deposeth the Arch-Bi­shop of York. in this Council appeared some Clerks of the Church of York, with Henry Murdack Abbat of Fountains, accusing William Arch-Bishop of York, That he was neither Canonically Elected, nor Lawfully Consecrated, but intruded by the King; at length the foresaid William was Convicted and Deposed. Alberic Bishop of Ostia pro­nouncing the Sentence, and saying, We Decree by Apostolick Autho­rity,B That William Arch-Bishop of York be Deposed from the Bisho­prick, because Stephen King of England Nominated him before Cano­nical Election.

When as therefore Ibidem, n. 40, 50. The Pope Commands the Chapter to choose a new Arch-Bishop, &c. He that had the fewest Suffrages is made Arch-Bishop. Pope Eugenius, on his own Will, and by the Consent of the smaller number of Cardinals, had Deposed St. William Arch-Bishop of York, the Chapter of that Church Con­vened by his Mandate, chose an Arch-Bishop, (or rather Arch-Bi­sh [...]ps)C the Major part of the Chapter chose Hilary Bishop of Chi­chester, the other part chose Henry Murdac Abbat of Fountaines. When both Elections were presented to the Pope, he confirmed the Election of Henry Murdac, and Consecrated him with his own Hands.

Strife be­tween the Le­gat and Arch-Bishop.While Henry Bishop of Winchester was the Popes Legat, there were great Strife and Animosities between him and Theobald Arch-Bishop D of Canterbury, he stretching his Gervas. Act. Pontif. Cantuarien. Col. 1665. n. 20, 30. Legantine Priviledge mightily beyond what he ought, and called his own Arch-Bishop and the Bishops of England to meet him when, and where he pleased. Theobald taking it ill, and scorning to be thus over-awed, by the Industry of Thomas a This was Thomas Becket afterward Arch-Bishop of Canterbury. The Arch-Bi­shop made [...]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 E Ibidem. The Canon Law first used in England. heard of before. Then the Laws and Lawyers were first called into England, (meaning the Canon Law and Lawyers) the first Teacher whereof was Master Vacarius, who Read at Oxford.

These Appeals to Rome were very Chargeable, and besides nothing could be done without Friends, and Gifts, or Presents. This Kings Reign was not very long, but never quiet, and free from intestine War, Confusion, and Unsetledness; which gave the Pope and Clergy F great opportunities to incroach upon Regal Power, and bring in such Laws,The Reasons why those Appeals and Laws obtained in England. Usages, and Customs, as were not before practised in this Nation. For the King dare not oppose these Practises, because his Title wholly depended upon the Popes Confirmation of his Election (as they called it) by half a dozen Persons; and his Brother Henry Bishop of Winchester, who set him up, and was Legat a great part [Page 297] of his Reign, dare not but comply in all things with the Pope, (if it were not his inclination so to do) nor Arch-Bishop Theobald after him, lest they might be Exauthorated, and lose a place of mighty Power, (at this time) as well as Profit.

Scutages, Subsidies, or Taxes, I read of none during all this Kings Reign, both Armies and Pretenders lived by Plunder and Rapine, A and maintained themselves chiefly by the Ruine and Destruction of their Adversaries, their Men and Tenents.

King Stephen by his Wife Maud had Mr. Sand­fords Geneal. Hist. f. 42. Baldwin his eldest Son, who died in his Infancy.

2. Ibidem. Eustace Earl of Bologne; he Married Constance Daughter of Lewis the Seventh King of France, and Sister to Lewis the Gross, B and died without Issue.

3. See King Stephens Char­ter in the Ap­pend. n. 35. William 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.

C 4. Maud Ibidem. his eldest Daughter died young.

5. Mary 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, &c. and had Issue by him two Daughters Ida and Maud, &c.

D

His Natural Issue were.

1. WIlliam, Ibidem. who in a Charter of the former Williams, is called his Brother, &c.

2. Gervase, Ibidem. begotten of a Norman Gentlewoman named E Dameta, and brought into England in the year 1140. was Abbat of Westminster twenty years, and died in the year 1160.

F

THE REIGN A OF King Henry II.

B

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;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 Arch-Bishop of Canterbury. John Bromp­ton C Col. 1043. n. 40. writes, That Stephen being dead, Henry the Second, the Son of Maud the Empress, was by Arch-Bishop 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 Flemmings and Strangers out of Eng­land. He held his Court at Christmass at Bermundsey, where he Treated with his Principal Men concerning the State of the Kingdom, and setling Peace, and resolved to expel the Strangers out of England, D and destroy the small Places of Strength built during the War.

In the Reign of King Stephen many Strangers, Flemmings 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 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 E all the Castles demolished, which had been built since the Ibidem, n. 60. death of his Father, except some few, which were kept up for the Strength of the Nation.

The 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 F 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 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 Kings Lands and Demeasns, which they [Page 299] 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 Kings 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 A such as he held in the time of King Henry his Uncle.

In the time of Contention between 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 Westmerland, and possessed them as his own; These King Henry required of him, and the then King of Scotland Malcolm presently parted with them, and all their Rights, receiving from him B the Earldom of Huntington, as belonging to him of Ancient Right.

In March the Queen was delivered of a Son at London, called after his Chron. Gervas. Col. 1377. n. 50. Fathers Name, Henry. After Easter there was a 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 sware 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.

C

Not long after the Brompton. Col. 1047. n. 50 60. Col. 1048. n. 10, [...]0. Guil 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 Conque [...]ed, 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 D could in those places, was intercepted by them, and a great part of it cut off; Henry de Essex the Kings 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 Kings hasty appearance it received new vigor, 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.

E

For his Cowardise, 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 Abby of Reding, and seized all his great Estate.

The Welsh thus secured, the King had news that his Brother Joh. Brompton, Col. 1048. n 40, 50. An. Do. 1257. According to Mat. Paris, 1156. King Henry's Brother Geo­fry claims An­jou; Pleads his Fathers Will, and Brothers Oath. F 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 Mothers 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 [Page 300] buried, until he had Sworn he would not violate his Will. The Father being dead, the Son comes to his Interment; and being told by the Noblemen what Charge his Father left with them, he long consider­ed what he had to do; At length all cried out, it would be a perpetual Disgrace to him to suffer his Fathers Body to remain unburied, with great Reluctancy he took the Oath. But when he was fully possessed of the Kingdom of England, he procured from Pope Adrian (an Englishman) Ibidem, n. 60. Pope Adrian dispenceth with King Henry's Oath. Absolution from it; for which Reason, not think­ing A himself obliged by it, he neither took Care to satisfie his Fathers Will, or Brothers Request, in yielding to him the Earldom of An­jou; Whereupon his Brother fortifies his Castles▪ and makes Incur­sions into all King Henry's Countries round about them. The King passed over Sea, raised an Army, besieged and took the Castle of Chinon, and so humbled his Brother, that he rendred all his Castles, and had his Pardon. F. 95. n. 40, 50. Matthew Paris says they came to an Agreement, and that Geofry quitted his Claim for 1000 l. Annuity of B English Money, and 2000 l. Anjovin, and placeth this Action in the year 1156.

Soon Brompton. Col. 1049. n. 10. The City of Nantes choose Geofry the Kings Brother their Earl. after the City of Nants in Britany, not knowing who was their true Lord, chose Geofry for their Lord, and gave him the Dominion thereof, and the Country about it; but he lived not long to enjoy it. After whose death Conan Earl of Richmond in England took possession of it. The King hearing his Brother was dead, went C 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 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 D Daughter of Lewis, and his Son Henry; what they Agreed upon was Sworn to on both sides. And from thence the King of England went to Argentom, and on the Eighth of September summoned the Army of Normandy to meet at Abrinces on Michaelmass-day, to go against Conan Duke of Britany, to force him to render Nants that he had invaded. In the mean time he was invited to the French Court at Paris, where he was Entertained with all the Joy and Splen­dour imaginable; and coming from thence, he brought the Kings E Daughter with him, and delivered her to be kept and Educated by Robert de Newburgh Justiciary of Normandy. Robertus de Novo-Burgho Dapifer & Justitiarius Normanniae, Chron Norm. f. 996. A. On Michaelmass-day Conan Earl of Rhenes and Duke of Britany, with his Britans, came to Abrinces, now Auranches, and delivered to the King the City of Nants, with the whole County or Earldom belonging to it.

In December following 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; F 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.

[Page 301]He kept his Christmass at Cherbough, where he came to meet his Queen 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 Ibidem. King Henry takes the Castle of Bray. A Match pro­pounded be­tween Richard Son to King Henry, and the Daughter of the Earl of Barcelone. Blaye, seated upon a steep Hill over-looking the River Garonne, where he met Raymond Earl of Barcelone, with whom he made a League, confirmed with both their Oaths; by which it was mutually agreed, That Richard the Kings second Son should, at years of Maturity, Marry the Daughter of Ray­mond, A and when the Nuptials were performed, he was to have setled upon him the Dukedom of Aquitan. This Raymond's Paternal Inheri­tance, was the Earldom of Barcelone, and by Right of his Wife he was King of Aragon, which he reserved for his Son he had by her.

King Henry having made this Alliance, declares his 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 B Engaged them for a great Sum of Money, (which he spent in an Expedition into the Holy Land) to Raimond Earl of St. Giles, which Money he paid not, but left the Debt upon his Son William, the Fa­ther of Queen Alienor. For non-payment of this Money, Anfonsus Son of Raimond, and after him Raimond Son of Anfonsus held the City and Earldom. The King of France Married Alienor, Daughter and Heir of the last Duke of Aquitan, &c. and demanded, and was ready to possess himself of the City and Earldom of Tholose, when C Raimond the then Earl of St. Giles Married his Sister Constance, King Henry of­fered the Mortgage Money. See John de Sennes. The great Army raised to pursue the Title of Tho­lose. the Widow of Eustachius Son of King Stephen: and by that means he was permitted to enjoy it. King Henry Married Alienor, after she was Lawfully Divorced from the King of France, and had Issue Male by her, then four Sons: and from thence grew his Title and Pre­tence to the City and Earldom. To obtain which, as his Wives In­heritance, he summoned the Force of all England, Normandy, Aqui­tan, D and the other Countries subject to him; He carried not with him in this Expedition any Agrarian or Ordinary Soldiers, nor Burghers, or Rusticks, but took Ibid. D. of every Knights Fee in Nor­mandy Sixty Sols of Anjou Money, and in England, and his other Countries what he thought good; His Capital Barons, with few others accompanied him:Solidarios Mi­lites innumeros. but he collected or raised Stipendiary Sol­diers innumerable. In this Expedition was Malcolm King of Scots, who was Knighted by him, and William King Stephens Son. Rai­mond Earl of St. Giles allarm'd with this great Preparation, desired E Assistance of the King of France; who put himself into the Town with an Army; which King Henry, for the Ibidem, f. 996. A. The Person of the King of France secures the City. Cahors taken, &c. Honour he bare 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.

F 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 [Page 302] 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, &c. Reports, That in this Expedition the Chancellor had 700 chosen Knights or Gentlemen that served on Horseback of his own Family or Dependents; Cancallarius de propria familia, lectam manum Militum, septingenta Milites habebat; and that if the King had A 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 Kings Constable stayed there; who after B 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, Ib. C. D. King Henry having fortified Cahors, as a Check upon Tholose, and recommended it to the Care of Tho­mas C That is Thomas Becket. his Chancellor, and having fixed Garisons 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 Beauaisis, destroyed the strong Castle of Guerberes, and burnt 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,D 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.

E

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, &c. three Shillings of that Country Money; Ipsi Milites, The Knights themselves had their Diet from the Chancellor; who though he was F a Clerk, Tilted with a Knight of France, named Engelram de Trie, 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.

[Page 303]The King and Queen kept their Ibid. D. & f. 997. A. Christmass 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 sickned, 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 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 Parlement. In July Henry called together all the Bishops, A Abbats, and Barons of Normandy at New-Market, 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, Ibid. B. by the Kings Command, returned into Nor­mandy, and carried with her his Son Henry, and his Daughter Maud. In October Ibidem. the two Kings met again, and confirmed the former B Peace.

Upon the 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 Legats to the Pope, there was a Marriage solemnized between Prince Henry, the King of Englands 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 C Age, who was then at Newburgh in the Custody of King Henry; by which Marriage he obtained the Castle of Gisors, 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 Gisors, he received also as Dependencies upon it, the Castles of Neausle, and New-Castell, all seated near or upon the River Epta or Itta, in the Confines of France and Normandy. This enraged the D King of Ibidem, f. 997. C. A quarrel be­tween the two Kings about the Marriage of their Chil­dren. France, and his (a) Wives three Brothers, Henry, Theobald, and Stephen; which three Earls joyned their Forces, and began to fortifie 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 E placed Garisons in them, and went to Mans, where he kept his Christmass with Queen Alienor.

After 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 strengthned all his Castles in the edge of Normandy toward France, and well Manned them, especially Gisors. Theobald Earl of F [Page 304] Blois 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 Agen, seated upon the River Garonn, strengthned as well by Nature as Art, and in a week made himself Master of it, on The Tenth of August. St. Laurence-day, to A the admiration and terror of the Gascoins.

The Ibidem. The King calls a great Coun­cil, Complains of the Bishops and their Mi­nisters, &c. King spent his Christmass 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.

B

Some time this 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 Pavillion prepared for him, by whose Mediation a firm Peace was made between them.

C

The King 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 Kings Son, to whom the 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 Arch-Bishop of Canterbury. Bishops and Abbats of all England, by the Kings Command, sware 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 D than that by the Kings Command and Directions, he was chosen Arch-Bishop of Canterbury in May, and was Consecrated on the Octaves of Pentecost or Trinity-Sunday.

In December following, 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 Barons Rights in Normandy. the King having ordered and setled 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 E Christmass, 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. 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 Bishopricks, what Legal Rents, Rights, and Customs belonged to the King and Barons.F

I can find nothing more of moment done this year, 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 Woodstocke. The Norman Chronicle adds, F. 999. B. That he gave [Page 305] his Brother David, and some of his Barons 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 Controversie be­tween the King, and Arch-Bishop of Canterbury: and indeed there is very little else to be found in any of our Historians until after his A death, which happened in the year 1170. I shall here pass it by, and reserve it to another place towards the end of this Kings 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. 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 B crave Peace. The 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, 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 Practises of them and their Predecessors, which King Henry abolished.

C

From thence he went into Britany with an Army, and there Ibid. D. Joh. Bromton, ut supra, n. 40. King Henry Marries his Son Geofry to the Daughter of the Duke of Britany. 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 Marriagable; 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 Britany, took and rased it to the ground; At Touars he received the Homage of D almost all the Barons, and from thence he went to Rennes, which is the chief City, and by that was seised, 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 Christmass King Henry was at Chron. No [...]man. f. 1101. A. King Henry marcheth into Avergn, and asserts the Title of the Disinherited Earl. Poictiers, 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 E 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 Ibid B. An. Do▪ 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 F 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 burnt several Villages between Mant and Pacey. King Henry provoked by that Action, (though with great deference to King Lewis, saith the Chronicle) burnt the Strong and Rich Castle of Chaumont by Gisors, which was the King of France his Magazine of Victuals, and there also his Money was [Page 306] 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 Abby of St. Owen in Roven; he burnt also the good Town of Andeli Sur Sein, which belonged to St. Mary and the Arch-Bishop of Roven, and wasted some other places appertaining to the Church of Holy Trinity of that City.

A

In August there was a Ibidem, C. D. A Truce be­tween the two Kings. King Henry subdued Bri­tany. 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 Britany, and brought under his subjection all the Britans, 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 rendred. While he was thus busied in Britany, a Messenger came to him with the News of his Mother Maud the Empresses death; B She died the Tenth of September at Roven, and was buried at the Abby of Bec. Thesauros infinitos, &c. 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 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 C 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 Garisons 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 D 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 Ibidem, C. D. The Britans Confederate against the King of Eng­land. Truce was made, the King of England had E 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 Britans, (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 F 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.

[Page 307]Eight 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 fortifie their Borders. Hereupon both sides for­tifie A their Borders, and this sort of skirmishing or fighting conti­nued until Advent. King 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 Johns Country, and burn above forty Towns and Villages. The mean while the King of France burnt the Castle of Hugh of Newcastle, B called Brueroles, and wasted almost all the Country of Perch.

In the day of Ibidem, C. 1168. Peace be­tween the two Kings. Henry Son of King Henry did Homage to the King of France for Anjou, Main, and Britany. 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 Britany, 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, C 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.

D King Ibid. D. An. Do. 1169. He doth Ho­mage to Phi­lip Son of King Lewis. As also his Brother Geo­fry for Britany. Henry Conferred with the King of France at St. Ger­mans En Ley, and there his Son Henry did Homage to Philip Son of King Lewis; and Geofry, at his Fathers Command, did Homage to him for the Dukedom of Britany. 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 Britany. Aubert Bishop of Alith, and Robert Abbat of Mont-Michael, and other Religious Persons receceived him with great Veneration in the E Church of St. Peter, and there he rceived the Homage of the Ba­rons of Britany.

At Christmass following the King kept his 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 Britany, and all the Earls, Barons, and Freemen that had not done it before, sware Fealty to him, and his Son Geofry. From thence he passed into Normandy, and put all things into good order there, and then F came into England, and landed at John. Bromton, Col. 1060. n. 30. King Henry comes for England, is in danger of Shipwrack. Portsmouth on the third of March; In his Passage there happened a great Storm at Sea, wherein the King was in danger of Shipwrack, one of his best Ships was lost, and several of the Nobility, with 300 Persons of both Sexes pe­rished in her.

[Page 308]Soon after his coming into England, 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 Abbat of St. Augustins in Can­terbury, the Abbat of Chertesey, the Earl of Clare, William de Abrin­cis,A 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 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, B (which was about four years) and of all that after that time were their Bayliffs 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 C 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 Ibidem, n. 50. The Articles of Enquiry. they were to enquire of the Sheriffs and their Bayliffs, 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 D what they took by the Judgment of the County or Hundred, and what without it; and what appeared to be taken by the Judgment, &c. (i. e. lawfully) was to be written and noted by it self, and what was taken without Judgment, &c. (that is, unlawfully) was also to be written and noted by it self; and of all their takings, they were to enquire the Cause, and with what Testimony or Authority they took any thing from any Man.

E

II. Also, They were to enquire, 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 enquire of the Ibidem. Arch-Bishops, Bishops, Abbats, Priors, Earls, Barons, Vavasors, Knights, Citizens, Bur­gesses, and their Senescals or Stewards, Bayliffs 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,F by Judgment or without it; and all the Prises or Takings, the Causes, and Occasions of them, they were to be written and noted distinctly.

IV. Also, They were to Ibidem, 1411. lin. 5. enquire 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. Arch-Bishoprick, Bishoprick, Abby, Barony, [Page 309] Honour, or Eschaet, what, and how much they gained in that Employ­ment.

V. Also; They were to Ibidem, n. 10. enquire of the Kings Bayliffs▪ (or Officers) who managed his Business, what in any place had been given to them.

A VI. They were to Ibidem. enquire concerning the Goods of such as That is Tho. Becket the Arch-Bishop, and his Friends. fled by reason of the Assize of That is Tho. Becket the Arch-Bishop, 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 enquire, 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 Judgment reversed, for Reward, Promise, or Affection, and who received the Reward; They were to enquire concerning the Aid to Marry the Kings Daughter, what B was received in every Hundred, in every Township, and of every Man, and who received it.

VII. They were to Ibidem, n. 20, 30. enquire what and how much the Foresters took, their Bayliffs, or Ministers, or Servants after the time aforesaid, in their Bayliwicks 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, C and of such as forfeited in the Forests concerning Harts, Hinds, or other Wild Beasts. And if the Foresters 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 enquire who did these things, and to note them.

D VIII. And all that were 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 Ibidem, n. 50. were to enquire if the Sheriffs, or any of their Bay­liffs, or Lords of Towns, or their Bayliffs had returned any thing they had taken, or had made their peace with their Men, or Tenents, or Vassals, to stop their Complaints for coming before the King.

E X. They Ibidem. were to enquire 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, Ibidem. They were to enquire in every Bishoprick, 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 enquire, who ought Homage to the King, and had not F done it to him, nor his Son; and there was a Roll to be made of them.

This wonderful 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, Bayliffs, and Aldermen of all England appeared with their Fidejussors, or Sureties, in great fear, for they knew not the Kings [Page 310] 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 wondring at this Act. The Arch-Bishop 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.A

Benedictus Abbas gives a shorter Account of this Inquisition, and in some things different. ‘ [...]At Easter (saith he) 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 B Statutes of the Kingdom. In this Council he turned out of their Offices almost all the Sheriffs of England and their Bayliffs, 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, &c. Willielmum Re­gem Scotiae & Davidem fra­trem ejus, & omnes Comites, & Barones & Francos tenen­tes Regni sui fecit, &c. 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 Bayliffs had taken of them, and what with Judgment of the County or Hundred, and what without Judgment, and for what Forfeitures. But by this Inqui­sition C 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 Arch-Bishop of York, and Legat from the Apostolick 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 D 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 Ibidem. King Henry goes into Nor­mandy. The King of France angry that his Daughter was not Crowned Queen. The new King made Vice-Roy 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 threatned War there. At his depar­ture E 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 Ibidem, p. 30. b. The two Kings are Friends. the Twenty second of July, on St. Mary 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 F 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.F. 296. b. n. 40. But Roger [Page 311] 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 Britany, with the Daughter and Heir of Earl Conan, to be holden of the King of France.

After King Rog. Hov. f. 298. a. n. 50. An. Do. 1170. King Henry claims the Arch-Bisho­prick of Bourges, &c. Henry was perfectly Recovered of his great fit A of Sickness, he laid claim to the Arch-Bishoprick 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 Arch-Bishop then upon his Death-Bed, That of Right it did belong to the Dutchy 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 B ended in a Truce until the Feast of St. Hillary following.

Next year King Henry being in Ireland, and busie about the Con­quest, and Establishment thereof, (of which more afterward) he had Ibid. f. 302. b. n. 30. news of the two Cardinals, Theodinus, and Albertus, the Popes special Legats, 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 C 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 Arch-Bishop of Roven, Giles Bishop of Evreux, 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.

D

After this, about the Ibidem, f, 304. a. n. 20, 30. Feast of All-Saints, the new King of England with his Queen, according to his Fathers 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 staid some time with him.The King of France makes Discord be­tween the two Kings 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 E 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 Christmass he went into An­jou, and left his Son and Daughter in Law in Normandy.

F

Walsingham Reports, 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 Queens 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.

[Page 312]About this time [...]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 Kings death, and because being summoned by the King, he would not stand to Judgment, he was Outlawed from England.

After Hoved. f. 304. a. n. 40. Christmass 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 A between his youngest Son John, and his Daughter Alice, with whom he was to have had her Fathers 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 Limoges, where 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 B 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.

C

The Ben. Ab. p. 45. b. Hov. f. 305. a. n. 30. The young King contra­dicts his Fa­ther. Earl of Mauriana followed King Henry to Limoges, 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 Kings mind alienated from his Fa­ther. or Anjou, by the Counsel of the King of France, and D 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 Ben. Ab. p. 46. a. The young King leaves his Father. therefore dispatched his Business at Limoges, he hastned to come into Normandy as soon as he could, and his Son with him; Coming to Chinon, the King staid there all Night, his Son not having taken his leave of his Father, went forward, and on the Morrow E 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 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 F Victualled them. Gisors also he strengthned as well as he could; he likewise visited his Castles in Normandy, and sent his Commands to all his Castellans in England, Anjou, and Britany, that they should strongly guard, and take care to secure the Castles under their Command. 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; [Page 313] for she had with her Richard Duke of Aquitan, and Geofry Earl of Britany 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, 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 A kept. The Servants also which he had placed in his Sons 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 staid 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 B his Chaplain, Edward his Chamberlain, and William Blund his Porter. These came and staid with his Father.

In the mean while Lewis King of France was very kind to his 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 C Brother Earl of Bologn, Henry Earl of Troys, 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 sware, 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 D 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 Ibidem, a. and b. The young King receives the Homage of Philip Earl of Flanders, Matthew Earl of Bologn, Theobald Earl of Blois, &c. young King received the Homage and Fealty of Philip Earl of Flanders, and gave him for his Homage and Fealty, One thousand Pounds yearly Rent in England, and the whole County of Kent, with the Castles of Dover and Rochester. E Likewise he received the Homage and Fealty of his Brother Matthew Earl of Bologn, and for them he gave him the whole Soke, 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. F 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 Huntington, 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.

[Page 314]After Easter 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 Britany, rose up against King Henry the Father, and wasted his Countries on all sides with Fire, Sword, and Rapine: They besiged 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 Plundring Brabanters. Brabanters which served him faithfully, but not without great Pay.A

Philip Earl of 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 Ibidem, n. 50. f. 306. a. lin. 1. The King of France and his Son in Law besiege Ver­neul. Three Burghs in that Town beside the Castle. The great want of Vi­ctuals. Son in Law be­sieged B Vernol; but Hugh Lacy, and Hugh Beaumont, 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 Burghs, all separated from each other, and inclosed 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 Defendents wanted C 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 Defendents, 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 Arch-Bishop [...] Sens, Earl Henry, and Earl Theobald unto him, to let him know next day, which was the peremptory day, he would D have Conference with him; but he neither came nor sent, and so he by a trick gained the Burgh.The great Burgh gained by a trick. The King of France his Army flies. King Henry the elder Re­lieves Verneul. When he had it, the King of France dare not keep it, but entred the Town, plundered it, burnt the Burgh, and slying carried the Burghers Prisoners with him into France. So soon as the King of England knew it, he pursued them, killed many, and took very many, and returned that Evening to Vernol: Lodged there that Night, and Commanded the Walls that were battered down to be repaired up. This Action was on the 9th E of August.

Next day he went from Ibidem, n. 30, 40. Takes Dam­vile. Vernol or Verneuil, and took Dam­vile, the Castle of Gilbert de Tileres, and in it Multos Milites, & Servientes, many Knights, and Esquires, or Servants; from thence he came to Roven, and sent his Brabanters, in which he most con­ [...]ided,Sends his Bra­banters into Britany. into Britany, against Hugh Earl of Chester, and Ralph de Fo [...] ­geres, (he was Lord of a Castle of that name, in the Con [...]ines of F Normandy and Britany) who had seized upon almost all that Coun­try; The Earl, and Ralph came to meet them, and in a pitch't Field and plain Battle the Britans were vanquished;The Britans vanquished in a pitch't Field. Seventeen of their stoutest Knights taken. those two and the most Potent of the Britans fled to the Castle of Dole. In the Battle were taken seventeen of the stoutest Knights, Hasculf of St. Hilary, William Patricius, or Patric, Haimer de Falcilia, Patric de Landa, [Page 315] Geofry Farsi, William de Rulent, Ralph de Sennes, John Pincerna, or Butler, the He was the Deputy-Lord, Castelia [...], or Governor of Dole. 1500 Britans slain. Viguier or Vicar of Dole, William de Leges, William de Mota, Robertus de Treham, Paganus Cornutus, Reginald Pinzun, Reginald de Campo Lamberti, Eudo B [...]stardus, besides many others Horse and Foot; and there were slain above 1500 Britans in the Battle, which was fought on the Twentieth day of August.

A The next day Ibidem, n. 50. & b. lin. 1, &c. The Brabanters besiege Do [...]e in Britany. The King of England goes to them. The Tower of Dole rendred. after this Battle the King of England had news of it, and forthwith marched towards Dole, (which the Brabanters presently after their Victory had invested) and gave order for his Pe [...]rars (Machins to cast great Stones into Towns, or against the Walls) to be fitted and prepared, with other Warlike Engines; but the Earl of Chester, and such as were with him in the Tower, not being able to defend it, rendred themselves on the Twenty sixth day of August; and in like manner all Britany, with its Fortresses B and Places of Strength, was delivered to him. Ibidem, b. n. 10, 20. The Earl of Chester taken Prisoner, and all Britany re­duced. The Historian names fourscore Earls, Barons, and Great Men that were taken in this Tower or Castle, besides, as he says, many others he did not name.

After these 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 C and Treaty was between Gisors and Trie. Thither came Lewis King of France, with the 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. Ibidem, In hoc Colloquio, In this Conference and Treaty, D 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. 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. Ibidem, n. 40. And further, he referred himself to the Judgment of the Arch-Bishop of Moustier [...]en Tarantais, and the Popes Legats, to E 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 Ben. Ab. p. 52. b. & Hoved. ut sup. n. 50. The Earl of Leicester comes into England with an Army of Flemmings. Hageneth Castle taken. sent Robert Earl of Leicester with an Army of Flemmings into England, who with his Countess and Army landed upon the Coast of of Suffolk, about the Feast of St. Luke, and were received by Earl F Hugh Bigod into his Castle of Framingham, where he furnished them with Necessaries. The Earl besieged Hagenet, a Castle whereof Ranulph de Broc had the keeping, and within four days took it; and proceeding from thence to Leicester, it was told him, there was a great Force got together about St. Edmunds-Bury, and being sur­prized at the News, he returned.

[Page 316]At this time Richard de Lucy 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 H [...]mphry de B [...]hun the Kings 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, Hum­phry de Bohun marcheth as fast as he could toward St. Edmunds-Bury, A expecting the coming of the Earl of Leicester; There came into his assistance Reginald Earl of Cornwall, This should rather be Wil­liam, for Ro­bert was then Son to William Earl of Glou­cester. They with the assistance of other Earls, rout the Earl of Leicesters Army. And kill Ten thousand Flemmings. The Earl of Leicester and his Countess taken Priso­ners. Robert Earl of Gloucester, and William Earl of Arundel, about the Feast of All-Saints came from Framingham with his Army near to St. Edmunds-Bury, in a place called Fornham, in a Marsh or Meadow not far from the Church of St. Genovef; The Earls with a great Army, and Humphry de Bohun with three hundred of the Kings choice Horse met him, and with the Banner of St. Edmund displayed before them, charged that part B of the Army in which the Earl of Leicester was, and in a moment his Army was defeated, and he and his Wife taken, as also Hugh de Castellis a Noble Frenchman. In this Battle fell Ten thousand Flem­mings, and the rest were taken, imprisoned, and starved; The Earl of Leicester and his Wife, and Hugh de Castellis, with the better sort of those that were taken were sent into France, to King Henry the elder, and were imprisoned at Falais with the Earl of Chester.

C

About the Feast of St. Martin, or Eleventh of November, Ben. Ab p. 53. b. Several Castles in Anjou surren­dred to King Henry the elder. Many Knights, and Esquires, or Servientes taken. King Henry the Father with his Brabanters marched into Anjou, and about eight days after Geofry de Haya came to him, and delivered the Town and Castle of Hay; The Castle also of Prulli, and the Castle of Campen [...], which Robert de Ble held against him, were ren­dred; in which last, Multi Milites & Servientes capti fuerunt, many Knights, and their Servants or Men were taken; as for example Hai­meric de Ble, Miles, & Hosmundus, Everardus, & Gaufridus, homines D ejus, his Men, or such as held of him in Knights Service, or had done Homage to him: and so to the number of forty Knights and Servants, as the Historians do number them.

About the 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. E

At Christmass 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. F

In the time of this Truce, 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.

[Page 317]When 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, 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, A entred it with his Army, and there with his Scots and So the old Historians called the In­habitants of Galway, and sometimes only Wallenses. Galualenses, or Inhabitants of Galway, made great Slaughters and Ravages, (incredible, and beyond the inhumanity of the most Barbarous Na­tions, as these Authors report them.) His Brother 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, B and wasted the Lands of the King and his Barons: and took by Arms the Castle of Lidel, which was Nicholas Stutevills, and the Castles of Burgh and Appleby which were the Kings, but in the Custody of Robert de Stutevill, and the Kings Castle of Werk­worth, which Robert Fitz-Richard kept, and the Castle of Jerby which Odonel de Ʋnfranvil held, and then returned to his Army be­fore Carlisle, and staid there so long as the Garison wanted Victuals, when the Governor Articled with him, That he would deliver the C 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 Ibidem, p. 54. b. The Yorkshire Army pre­pares to Re­lieve Car [...]isle. Prudhou, the Castle of Odonel de Ʋnfranvil, 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, D Ranulph Glanvill, Ranulph de Thilli Constable to the Arch-Bishop of York, Bernard de Bailoll, and Odonel de Ʋnfranvil. The King of Scots riseth from before it. The news whereof raised the King of Scots from that Castle, from whence he fled and besieged Alnwic, and sent from thence Earl Duncan, the Earl of Anegus, and Richard de Morvill, with almost the whole Army, to harass, pillage, and burn the Countries round about;His Army bar­barously burns and wastes the Northern Countries. which Orders they executed with barbarous, and more than inhu­mane Butcheries and Cruelties (if we believe these Historians.) E In the mean time, the Commanders of the Yorkshire Army being informed of his Retreat from Prudhou, and that he had Ibidem, p. 55. a. He besiegeth Alnwic. besieged Alnwic, and sent most of his Army from him, they make towards him with mighty speed: and on a sudden came before Alnwic, where they found him secure, sporting with his Soldiers, and fearing nothing, for when he saw them afar off, he thought they had been his own Army under Earl Duncan: but when they set upon him,And before it is surprized and taken. and took him Prisoner, his Soldiers fled; With him they took Ri­chard F Cumin, William Mortemer, William de Insula, or Lisle, Henry Revel, Ralph de Ver, Jordan a Flemming, Waldeuf Fitz-Baldwin de Bicre, and Richard Malus Juuellus. This was done on the Thir­teenth day of July.

On the same day Ibidem. Hugh Earl of Bar, the Nephew of Hugh Bishop of Durham, landed at Hertlepole, with forty Knights from [Page 318] 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 Flemmings, for whom the Bishop had sent; but when he heard the King of Scots was taken Prisoner, he remanded the Flemmings, giving them forty days 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 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 A King of Scots was taken, with their Galwalens returned home, and expelled out of Galway all the Bayliffs 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 De­fendents as fell into their hands.

B

While these things were done in the Ibid. b. Norwich fired. The Soldiers from Leycester fight with the Burgesses and Soldiers of Northampton, and beat them, &c. North, Earl Hugh Bi­got came with his Flemmings to Norwich, and fired it; and presently after Whitsunday, Anschelil Mallore, the Constable of Leicester, went with his Soldiers to the Kings 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.

C

At the same Ibidem. Geofry Elect of York destroys the Fortress in the Isle of Axholm. time Geofry the Kings 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 Claye.

So soon as Geofry Ibidem. The Castle of Massarch taken. Elect of Lincoln had taken and destroyed this Castle, he joyned himself to the Arch-Bishop of York, and they D 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 Arch-Bishop of York. While these Bishops Ibidem. Nottingham plundered and burnt. were busie in Yorkshire, Robert Earl of Ferrers, with the Soldiers of Leycester, came very early in the Morning to Nottingham, the Kings Town, whereof Reginald de Lucy was Governor, which they presently took without difficulty, and burnt it, killed the Burgesses, and carried many away Captive, and what Prey they could get.E

Toward Ibidem, p. 56. b. Huntington Castle be­sieged. The Town burnt. The Earldom of Huntington claimed in the Kings Court. Midsummer Richard de Lucy besieged Huntingdon Castle; the Garison had burnt the Town before his coming; Richard de Lucy built a Fortress before the Gates of the Castle, so as none of the Garison could go out with safety, and by the Kings Com­mand, put it into the hands of Earl Simon, who claimed the County of Huntingdon in the Kings Court, as his Inheritance: which the King granted to him, if he could get it.F

At 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 [Page 319] subdued many Forts and Castles,The old King subdues Saincts, takes many Castles and Forts in Poictou. and at length came to the City of Saincts, entred 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. A the Town of Guininon de Ancena, and built there a strong Fortress, and placed a Garison in it; After this he wasted the whole Pro­vince, and extirpated the Vines, and Fruit-Trees, and then returned into Normandy.

The young 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 B 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 Arch-Bishop Thomas was buried, he behaved himself, as will be related afterward. His Devotion, or Submission, and Pennance there ended,He besieged and took Hun­tington. he moved with his Army toward Huntington, and besieged it, and forced it to surrender on the Twenty first of July, upon Mercy, saving the Lives C and Limbs of the Defendents.

From thence the King marched 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 Ferrers deli­ver their Castles. with his Army toward Fra­mingham Castle, where Hugh Bigot was with a great Force of Flem­mings, and pitcht 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 D with great difficulty obtained of him, that the Flemmings might depart 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 rendred the Castles of Leycester, Montsor­rel, E and Groby; and the same day came to him Roger Mulbray, or Mowbray, and rendred his Castle of Treske; and then also came the Earl of Ferrers, and delivered his Castles of Stutesbury, and Duf­feld.

While 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 F against it, for the Barons, and Knights of Normandy, that heartily loved Henry the Father, put themselves into the City, and courage­ously defended it. This news coming to King Henry the elder, his Affairs in England being in a great measure setled, with great speed he went to Portsmouth, and on the Eighth of August, being Friday, landed at Barfleu in Normandy, and carried with him his Brabanters, and One thousand Welsh; With him he also carried William King of [Page 320] Scots, the Earls of Leycester, and Chester, and first imprisoned them at Caen, and afterward at Falais. On Sunday next he came to Roven, the next Morning early he sent the Welsh beyond the River Seyn, to search the Woods on that side of the Town, where the King of France was with his Army, they met with forty Waggons laded with Wine and Victuals from France, The Welsh take a French Convoy of Wine and Victuals. the Drivers and Convoy fled, the Welsh pursued and took some, and killed others, and re­turning to their Prize, they broke the Waggons, and staved the A 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 B England came up to his Tents with his Soldiers, or Knights, and their Servants; and the King of France, his Knights, and Servants, or Esquires, came out of their Tents, and charged furiously the English, The English beat the French. who took and wounded many of them, and killed most of their Horses. Next Morning William Arch-Bishop of Sens, and Theobald Earl of Blois, came to the King of England, and asked Leave that the King of France might safely Retreat with his Army to Malhauny, The Siege raised. upon Condition he came next day to Treat with the King C of England; and that he should do so, they both obliged themselves by their Faiths and Oaths; and so the King of France departed with his Army to the place appointed, and there staid; but about Midnight,The King of France regards not his Pro­mise. An. Do. 1174. he privately caused his Soldiers to march, and they halted not until they came into France: not regarding the Faith and Oaths of the Arch-Bishop or Earl, by which for his advantage they had obliged themselves. This Retreat of the King of France happened on the Fourteenth of August. D

On the day following the Arch-Bishop and Earl came again Ibidem, p. 58. b. & p. 59. a. to King Henry the Father, and propounded a Colloquium, That was the word as much used in the old Historians, French and English, as Concilium was for a Parlia­ment. Richard Earl of Poictou Re­bels against his Father. He flies be­fore his Fa­ther, and leaves his Castles and Fortresses. He casts him­self at his Fathers Feet, and begs Par­don. Conference or Treaty between him and the King of France at Gisers, upon the Feast of the Nativity of the Virgin Mary, or Eighth of September; at which time they met, but could not agree: but appointed another Collo­quium or Treaty on Michaelmass-day, between Tours and Ambois, upon Condition, that the King of England the mean while might E march into Poictou, to subdue his Son Richard, they swearing, That neither the King of France, nor the youg King, nor any for them, or on their Party, should give, or send him Relief. When he came into Poictou, his Son Richard dare not stand him, but fled from every place where he thought he would come, and relinquished the Castles, and Fortresses he had formerly taken; and when he heard the King of France and his Brother, had made Truce with the King his Fa­ther,F and excluded him, he was mightily troubled, and came weep­ing, and cast himself at his Fathers Feet, and asked his Pardon. He moved with Paternal Compassion, received him into favour, and kissed him. 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 [Page 321] Tours and Ambois, according to Agreement, and the day following the young King and his Brothers,All his Rebel­lious Sons submit to his Mercy. according to the Advice of the King of France, submitted themselves to their Fathers Mercy, and made with him Articles of Peace, and confirmed them with their Seals.

I. The young King Append. n. 35. Articles of Peace be­tween old King Henry and his Sons. Henry, and his Brothers Richard, and A Geofry, should return to the Obedience of their Father, notwithstanding any Oaths (of which they were to be absolved) they had made between themselves, or with others, against him or his Men.

II. That all their Men (Tenents in Military Service, or such as had otherwise done Homage to them) and Barons, (such as held imme­diately of them their Baronies) that had for their sakes receded from the Fidelity they ought to their Father, were by them to be freed, and B acquitted from the obligation of such Oaths and Covenants they had made with them, and so were to return into the Homage and Allegiance of their Lord the King.

III. The King, his Men, and Barons were to re-have, and possess all their Lands, Castles, &c. which they had fifteen days before the Rup­ture between Father and Sons. Likewise the Kings Barons and Men, that left him, and followed his Sons, were to have again all their Lands, C they had at the same time.

IV. The King the Father remitted all Evil Will towards his Ba­rons and Men which left him, so as for that he would do them no Evil, so long as they served him faithfully, as their Liege Lord. The like the young King remitted to all Clerks and Laicks which were in his Fa­thers D Service, and gave Security he would not procure their hart or da­mage in his whole Life.

V. By this Concord the King was to give his Son Henry two conve­nient Castles in Normandy, by his own appointment, and 15000 l. yearly of Anjou Money. To his Son Richard two convenient Receptacles or Places of Receit in Poictou, so as no damage might accrue to his Fa­ther from them, and in Money half the Revenue of Poictou. To his Son Geofry he gave in Money half the Fortune or Revenue he was to have by his Marriage of Earl Conans Daughter, and after he was Mar­ried E to her, (by Consent of the Pope) the whole Revenue, as Earl Co­nan had directed.

VI. The Prisoners that had Compounded, and made their Compos [...] ­tions 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 F 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.

[Page 322]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 A 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 Judgment and Custom of the Land; If any one had forfeited any thing before the War, he was to stand to Or the Law. Judgment for that; They that were engaged in any Plea or Suit, the B 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)C 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 Ben. Abb. p. 60. b. Gilbert kills his Brother Ʋctred Prince of Galway. there was a Dissention between Ʋctred 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 D might take and destroy his Brother; His Son Malcolm not long after sets upon the Island in which Ʋctred 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 E the Twenty third of November, they offered them, to the use of the King,King Henry hearing of the Murther of Ʋctred 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 spake with the King of England, who when he had heard how Ʋctred his Kins­man was slain, he would make no Peace with the Galwegians.

F

At Christmass 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 Bayliffs, and Ministers, to be assistant to him. On the Second of [Page 323] February the two English Kings were at Mans, and from thence came into Normandy, and the Twenty fourth of that Month they had a Conference with the King of France at Gisors, 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 A 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 Arch-Bishop of Roven, and Henry Bishop of Baieux, and William Earl of Magnavill, and Richard Humet Constable of Normandy, and other the Kings Friends and great Officers, threw himself with Tears at his Fathers Feet,Young King Henry doth Homage to his Father. B 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 Standers 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 C 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 Britany, An. Do. 1175. The Castles and Fortresses demolished in Britany. and com­manded him to demolish the Castles and Fortresses that had been for­tified against him in that Dukedom.

The King Ibidem, p. 65. b. & 66. b. The King im­pleads the Earl of Glou­cester, and all the Earls, Ba­rons, Clerks, and Laicks in England. impleaded the Earl of Gloucester, for that he D 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 satisfie the King, delivered him the Tower. He likewise impleaded all the Earls, Barons, Clerks, and Laicks 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 Justi­tiary of England appeared on their behalf, and vouched the Kings Mandate from beyond Sea, by which he was impowred to grant them E License to Hunt, &c.

On the Tenth of August 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. Abbat Bennet says, That the King of Scots met him there, & secum adduxit omnes Episcopos, Comites, Barones, Milites, F & 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.

[Page 324]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 A Galway, Andrew Bishop of Ca [...]nes, Simon de Thoum Bishop of Mur­rey, the Abbat of Kelzan, Lauren [...]e Abbat of Malros, and the Abbat 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 sware, That if the King of Scotland ob­served not this Agreement with the King of England, they would B 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 Sware, 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 sware Allegiance and Fealty to both Kings against all Men, viz. Earl Dun [...]can, the Earl of C Angus, and Earl Waldef; and they sware, 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 D 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 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, E to subdue Gilbert Son to Fergus, that had receded from his Fealty, and wickedly slain his Brother Ʋctred.

On the Twenty fifth of January 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; F which were these.

I.
  • [Page 325]
    • Hugh de
      Ibid. b.
      Cressi.
    • Walter Fitz-Robert.
    • A Robert Mantel.
    • Norfolke.
    • Suffolke.
    • Cambridgeshire.
    • Huntingtonshire.
    • Bedfordshire.
    • Buckinghamshire.
    • Essex.
    • Hertfordshire.
II.
  • B
    • Hugh de Gundevill.
    • William Fitz-Ralph.
    • William Basset.
    • Lincolnshire.
    • Nottinghamshire.
    • Derbyshire.
    • Staffordshire.
    • Warwickshire.
    • Northamptonshire.
    • Leicestershire.
III.
  • C
    • Robert Fitz-Bernard.
    • Richard Giffard.
    • Rogert Fitz-R [...]infray.
    • Kent.
    • Surry.
    • Hampshire.
    • Sussex.
    • Berkshire.
    • Oxfordshire.
D
IV.
    • William Fitz-Stephen.
    • Bertram de Verdun.
    • Turstan Fitz-Simon.
    • Herefordshire.
    • Gloucestershire.
    • Worcestershire.
    • Shropshire.
V.
    • Ralph Fitz-Stephen.
    • William Ruffus.
    • Gilbert Pipard.
    • E Wiltshire.
    • Dorsetshire.
    • Sumersetshire.
    • Devonshire, and
    • Cornwall.
VI.
    • Robert de Vaus.
    • Ranulp de Glanvill.
    • Robert Pikenot.
    • F Yorkshire.
    • Richmundshire.
    • Lancastershire.
    • Coupland.
    • Westm [...]rland.
    • Northumberland.
    • Cumberland.

[Page 326]And then 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 Assises or Statutes of King Henry made at Clarendon, A and Renewed at Northampton.

I.

‘The Trial by Water Ordeal Established. [...]IF any one was Accused before the Kings 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,B 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 Judgment 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 Rigor 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 C 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 Kings pleasure for abjuring the Kingdom. This Statute shall take place from the time the Assise or Statutes were made at Anno Dom. 1164. 10 Hen. 2. Clarendon, until this time, and as much longer as the King pleas­eth D 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 depart in the day time. [...]It shall not be Lawful for any Man in Burgh or Town to Lodge E 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,F & inde sit cognoscens, vel de aliquâ aliâ Feloniâ, &c. 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 [Page 327] recognoverit, &c. 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, &c. If any Franc-Tenent dies,Heirs to inhe­rit what the Father died seiz [...]d of, and to satisfie Le­gacies. If un [...]r Age, the Lord o [...] the Fee to re­ceive his Ho­mage and Wardship. The Relict to have her Dower. A his Heirs shall remain in Tali saisina qualem pater suus habuit, &c. in such Possession as their Father had of his Fee in his Life time, and they shall have his Catals or Goods, and satisfie the Devise, or Legacies of the Defunct; and afterwards they shall repair to the Lord, and satisfie 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 B 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 Kings 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) C [...]he shall remain in the Kings 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.’

D

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 Administred to all Persons within eight days after Easter or Whitsunday; All that refuse to be looked on as the Kings Ene­mies. or at furthest eight days after Whitsunday, to all Earls, Barons, Knights, Free-Tenents, and also to Rusticks or Husbandmen, who will stay in the Kingdom, and he that will not take the Oath of Fealty, shall be taken as the Kings Enemy; and the Justices have power to command all such as have E 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 Kings absence. If the Con­troversie be weighty to be referred to the King or his Vice-Roy. or the Writ of his Vice-Roys in his absence, concerning half a Knights Fee or under, un­less F the Controversie 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 Kings 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 Thieves and wicked Malefactors in those Coun­ties they pass through, which was set and appointed by Direction A [...]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 levelled with the Ground; and unless they do this, the King will [...]have them judged in his Court as Contemners of his Precept.B’

X.

'The Justices shall enquire of Escheats, of Churches, Lands, 'and Women that are in the Kings Donation.

XI.

C

‘The Kings Bayliff to an­swer Perqui­sites as well as set Rents. [...]The Kings Bayliffs shall answer at the Exchequer, as well for the Perquisites, as the set Rents in their Bayliwicks, except such as [...]belong to the Sheriff and his Office.’

XII.

‘ [...]The Justices shall enquire of Castle-Guards, and from whom, and how much, and where they are due, and shall inform the King D [...]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.E’

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 Kings Court, they shall be Outlawed, and their Names returned into the Exchequer at Easter and Michaelmass, and from F [...]thence sent to the King.’

In the Feast Hoved. f. 314. b. n. 40. of Easter this year, young King Henry, and his Son Richard Earl of Poictou, and Geofry Earl of Britany, were with their Father at Winchester, and after that Solemnity, the three [Page 329] 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 adjoyning unto him.

A And in the same year not long after, Ib. f. 316. b. n. 10, 20. The King de­molishes se­veral Castles in England and Normandy. the King caused the Walls and Castle of Leicester to be demolished, as also the Castles of Groby, Treske, Malesart, and the new Castle at Alverton, the Castles of Framingham, and Bungey, and almost all the Castles of England and Normandy that were fortified against him; The Castle of Pasci or Pacey in Normandy he retained in his own hands, and placed a Garison in it; as likewise the Castle of Montsorrel, which was Sworn to be his own Propriety, by Recognition of Lawful Men B of the Vicenage.

About the beginning of October 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 Ʋctred, who did Homage to King Henry the Father, and sware Fealty to him against all Men, and gave to the King to be restored to favour, or for his Peace, One thousand Marks of Silver, and his Son Duncan C an Hostage or Pledge for his Peaceable and Loyal Behaviour.

In a General Council at Ib. f. 320. a. n. 30. The King re­stores several Noblemen to their Lands and D [...]gnities. Northampton, soon after St. Hillary, or the Thirteenth of January, the King restored Robert Earl of Lei­cester to all his Lands in England and beyond Sea, which he had fif­teen days before the War, except Pacey, and Montsorrel Castles; D 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 Ibid. b. n. 30, 40, 50. An. Do. 1177. The Kings of Castile and Navarre refer their diffe­rences to be determined by the King of England. King of Castile, and Sanctius King of Navarre, after many Debates, and much Wrangling, referred all their Claims and Controversies to be determined by the King of England, and there were sent several Bishops, and Great Men, and choice and able Per­sons, Proctors, and Advocates, to Alledge and Answer for either of them, and to receive the Judgment of the Court of England. With E these came two Knights and Champions of wonderful Courage and Audacity, bravely accoutred with Horse and Arms, and fitted for Duel, if Judgment had been that way given in the Kings Court. These Messengers came into England between Christmass and Lent, and the King summoned all the Bishops, Abbats, Priors, Earls, and Barons to meet at London on the first Sunday in Lent; when they were come together, the King ordered the Proctors and Advocates on both sides to bring in their Claims and Allegations within three F 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 Ben. Ab. p. 89. a. the Messengers before his Bishops, Earls, and Barons, to be there again, all Excuses laid aside, upon Sunday following, to receive his Judgment. So that this great Affair was determined in eight days. The Demands, Allegations, and Pretences on both sides, and the whole Process, [Page 330] with King Henry's Award are to be found in Hoveden, fol. 320. b. n. 40, &c. See also the Judgment it self by the Bishops, Earls, and Barons, which is very short, though the Kings Exemplification of it under his is very much longer, Bromt. Col. 1124. n. 20.

The King 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, A 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 Ibidem, p. 96. b. Anno Dom. 1177. The King with his Earls and Barons go in Pilgrimage to St. Edmunds-Bury, to Ely, and Gaiding­ton. King with his Earls and Barons kept his Court at Wy in Kent, and after the Solemnity went to London, and from thence in Pilgrimage (in perigrinatione) to St. Edmund the King and Martyr, (to the Monastery at St. Edmunds-Bury) where he was the Sunday after Easter; The next day he went to Ely, in Pil­grimage B to St. Audry, and from thence he went to Perhaps Gayton in Cheshire, or Gaiton in Northampton­shire, as Ger­vase of Can­terbury says, Col. 1522 l. 3. Gaidington, or Gaitintune, where many Welsh flocked about him, and sware Fealty to him. Ibidem. Hither by his Command came to him Roger Arch-Bishop of York, Reginald Bishop of Bath, John Bishop of Norwich, and Adam Bishop of St. Asaph, and many Earls and Barons of the Kingdom, to Treat of the Peace and Settlement thereof; Ibidem, p. 97. a. The Lords and Knights of the King­dom come to Windsor, to go where the King should Command. The King re­moves several Constables of Castles, and places others in their room. and when they had Treated some time there, the King removed to Windsor, and the Arch-Bishop, and other Bishops with him, where C 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, D and William Nevill of the Castle of Norham, and Roger Arch-Bishop of York of the Castle of Scarburgh, and Geofry Nevill of the Castle of Berwick, and Roger Comers of the Tower of Dur­ham, which the King took from Ibidem, & Hoved f. 323. b. n. 20. Hugh Bishop of Durham be­cause he served him falsely in the time of War; and for that rea­son, and that it might stand, and not be demolished, and for the Kings Peace, and that his Son Henry de Puteaco, or Pudsey, might enjoy the Maner of Wicton with its Appurtenances, the Bishop gave E the King 2000 Marks.

From Windsor 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, F and many others of the most Noble of Wales, who all did Homage, and sware 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 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, &c. More of which afterwards.

[Page 331]On the Sunday before Ben. Abb. p. 98. b. 99. a. The Tenents 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, A 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 Ibidem, p. 103. a. He defers his passing into Normandy with his Te­nents 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 Tenents in Capite ready to pass into Normandy with him, but deferred his Voyage, until the Envoys he had sent to the King of France, 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 B Henry and Richard, and whether he would give them the Lands he promised them in Marriage, were returned. They came 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 Pop [...]s Legat to threaten an Interdict. The King of England by [...]is Bishops Appeals from the Legat 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 Popes Legat threatned, and was ready to put all his Dominions, as well on one side of the Sea as the other, under an C Interdict. The King Advised with his Bishops, viz. Richard Arch-Bishop of Canterbury, Geofry of Ely, Bartholomew of Exceter, 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 Legat, which they did, and put the King, themselves, and the whole Kingdom under his Protection; and the D King sent to the Arch-Bishop of York, that he, and his Province should make the same Appeal, as the Arch-Bishop of Canterbury had done in his Province. This was about the Twelfth of July.

Notwithstanding this Hoved. f. 325. b. n. 30. Appeal, the King about the middle of 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 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 Legat, and the great Men of both E 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 Gisors 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 F Richard to Marry his Daughter Alice; Yet in this Conference, by Advice of the Cardinal and Legat, and the Princes of both King­doms, there was Amity and final Concord made between them. Benedict the Abbat 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 Ibidem. purpose.

[Page 332]I. They Agreed 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 A 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. B

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 C 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 D Laymen, with all their Goods, should be secure and free from molestation in both their Dominions.

This Treaty Hoved. f. 326. a. n. 50, &c. 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 E 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 F be lawful for any one to Distrein, (namtire non liceat) or take them for the Debts of their Lords.

This Statute, and this Custom, (Hoc Statutum, & Consuetudinem hanc, &c.) the King Ordained should be firm and general in all his Towns, and every where in his Dominions, viz. in Normandy, Aqui­tan, Anjou, Main, Turain, and Britany; and that it might be stable, [Page 333] permanent, and firmly observed and kept, it was Written and Con­firmed with his Seal.

After this, the King 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 A Enemies.

King Henry desirous to return into England, sent to Lewis King of France, and obtained his Letters of Protection, in this Form. 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, B so that when his Baillivi sui. Bayliffs or Officers shall Require Ʋs, We shall truly, without Design, give them our Counsel, and help, for the Defence and Protection of the same.

After his coming out of Ibidem. f. 331. a. n. 40. Geofry Earl of Anjou Knight­ed by his Fa­ther. His Military Exercise and Ambition. Normandy into England, at Wood­stock he Knighted his Son Geofry Earl of Britany, who soon after passed into Normandy, and in the Confines of France and that Coun­try, was at a Torneament, or the Exercise of Feats of Arms, where C 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, Ibidem, b. n. 10. The King puts an Oath upon the Popes Legat. An. Do. 1179. the Popes Legat, came this year through England, to summon the Bishops and Abbats of Scotland and Ireland to a General Council at Rome, but before he had leave to pass through the Kingdom, he made Oath, not to do, or seek to do any Injury D to the King or Kingdom, and that he would return the same way. 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 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.

E
I.
    • Richard Bishop of Winton.
    • Richard the Kings Treasurer.
    • F Nicholas Fitz-Torold.
    • Tho. Basset.
    • Robert Witefeld.
    • Hamshire
    • Wiltshire.
    • Gloucestershire.
    • Dorsetshire.
    • Sumersetshire.
    • Devonshire.
    • Cornwall.
    • Berkshire.
    • Oxfordshire.
II.
  • [Page 334]
    • Geofry Bishop of Ely.
    • Nich. the Kings Chaplain.
    • Gilbert Pipard.
    • Reginald de Wisbech the Kings Clerk.
    • Geofry Hosee.
    • Cambridgeshire.
    • Huntingtonshire.
    • Northamptonshire.
    • Leicestershire.
    • Warwickshire.A
    • Worcestershire.
    • Herefordshire.
    • Staffordshire.
    • Shropshire.
III.
    • John Bishop of Norwich.
    • Hugh Murdac the Kings Clerk.
    • Michael Belet.
    • Richard Del Pec.
    • Radulph Brito.
    • Norfolk.B
    • Suffolk.
    • Essex.
    • Hertfordshire.
    • Middlesex.
    • Kent.
    • Surrey.
    • Sussex.
    • Buckinghamshire.C
    • Bedfordshire.
IV.
    • Godfrey de Lucy.
    • Johannes Cumin.
    • Hugh de Gaerst.
    • Ranulph de Glanvill.
    • William de Bendings.
    • Alanus de Furnellis.
    • Nottinghamshire.
    • Derbyshire.
    • Yorkshire.
    • Northumberland.D
    • Westmerland.
    • Cumberland.
    • Lancaster.

The last six were appointed Ibidem, b. n. 20. Justices in the Kings Court, to hear the Clamores po­puli, Clamor a common word then for a Suit or Pe­tition. Clamours, or Business, and Suits of the People, and had the last seven Counties assigned them.

E

This year Lewis King of Jo. Brom. Col. 1139. n. 40, 50.60, &c. An. Do. 1179. The King of France calls together all his Bishops, Earls, and Barons, to Crown his Son Philip at Rhemes. His Son falls sick. He had a Vi­sion, by which he was admonished, for his Sons Recovery, to visit the Mar­tyr of Canter­bury (so called.) France cited all the Arch-Bishops, Bishops, Earls, and Barons of his Kingdom, that they should with­out Excuse, be in the City of Rhemes, on the Assumption of the Virgin Mary, (that is the Fifteenth of August) to Crown his Son Philip, then Fifteen years old. They hastned to come as they ought to do; but just before the time, his Son fell into a great Sickness, so as many despaired of his Life, his Father grieved night and day, and was mightily afflicted for his Son; Being thus without Comfort,F 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, [Page 335] who told him it was dangerous to pass by Sea into another Mans Country,Roger Hoveden is more mo­dest in this Story, and only says he was admo­nished by Di­vine Reve­lation. He comes to Canterbury, Offers, and Prays at his Tomb. Gives the Monks 100 Measures of Wine every year. And grants them a Char­ter of many Priviledges in France. &c. The next Night the Martyr appeared the second and third time, and told the same Story, and added Threats, if he went not quickly, and obeyed the Command of God. He came, and the King of England met him at Dover on the Twenty second day of August, and Conducted him to the Tomb of the Martyr; where the King of France Prayed, and offered a great and precious A 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 Ibid. Col. 1140. n. 30. Hugh de Puteaco, (or Pudsey) Son to Hugh Bishop of B Durham.

The third 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 publick Edict, Commanded all the Princes, or C great Men of his Kingdom, Ecclesiastick and Secular, to meet again at Rhemes 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 Rhemes 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, D for upon his return from England, he made a Visit to St. Denis, or Dionys, and got Cold, and fell into a Palsey, by which he lost the use of the Right Side of his Body.

This young King of Ibidem, b. lin. 3. & n. 10. The young King of France abus­eth his Mo­ther, Uncles, and Fathers Friends. They apply themselves to the King of England. An. Do. 1180. France taking advantage of his Fathers 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 E his Mother, that he forced her out of his Dominions, and used Wil­liam Arch-Bishop of Rhemes, 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 F 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.

[Page 336]But before Ibid [...]m, n. 30. Before Hosti­lity, Peace made by Con­ference. any Hostility, King Philip and old King Henry came to a Conference between Gisors and Trie, 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 A and Munitions after his Fathers Death.

In this Conference King 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 Re­compence thereof, he was to find the King of England every year in his Service, when he was summoned, 500 Knights or Horsemen B for forty days.

In the same 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.C

This year 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 Coyners, for abasing the Allay, and corrupting the old Money.

In all his Dominions Ibidem, f. 348. b. n. 10, 20. An. Do. 1181. beyond the Seas, the King after Christ­mass appointed what Arms every one should have ready for the de­fence D 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 Assise 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 Wooll, 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 E 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 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 Gisors by the King of France, and F 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, 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.

[Page 337] Ibidem, n. 30. King Henry makes an As­sise 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 Assise of Arms.

A 1. Whosoever hath a Knights 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.

B

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 Burghs, and the whole Community of Freemen shall have a Wambais, (that is a Coat twilted with Wooll, Towe, or such other Materials) a Cap of Iron, and a Lance.

C

And Ibidem, & n. 40, 50. Every one to have Arms, and to keep them for the Kings 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, D 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 Assise allow­eth. If any Burgess hath more Arms than he ought to have by this As­sise, he may sell, or give them to any Man that will use them in the Kings Service; and no Man may have or keep by him more Arms, than he E ought to have by this Assise. 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 Jow to ha [...]o a Coat of Mall in his Custody. Also no Man shall carry Arms out of England, unless by the Kings 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 Legal-men in the Hundreds and Burghs in every County, as they think fit, whether they F 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 Burghs, 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 Assise to be read before such as are to find Arms, and cause them to swear, they will provide Arms ac­cording [Page 338] to the value of their Goods and Rents, and the Direction of this Assise; 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 A 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. B

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 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 Fathers Will and Pleasure. Christmass the undutifulness of the young King caused C 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 sware to submit to his Will and Pleasure, and that he would not recede from it, nor desire more for his own Expences, than One hundred Pounds a day of Anjou D 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 Ib. f. 352. b. n. 30, 40. year at Christmass, 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 E Barons.The young King receives Homage of his Brother Geofrey, 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 Britany 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 F 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 Limoges, which but a little before had been delivered to his Son King Henry.

[Page 339]While the King was before Ibidem, f. 353. a. b. Young Henry and Geofrey Confederate against their Father. Limoges, 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 Limoges, whereby he was exposed A to much danger, which his Sons knew, but gave him no notice of it. But Geofry taking the advantage, pillaged, and miserably wast­ed his Fathers 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 B 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 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 Chr. Nor. f. 1004. D. June.

C After his Hov. ut sup. n. 40. Several Castles deli­vered to the King, which he either Ga­risoned or ut­terly demo­lished. death his Father assaulted the Castle of Limoges 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.

D And now the King of France upon his Death 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 Gisors and Trie, 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.

E Now Geofry Earl of Britany 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 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 Legats to all Kings and Princes, as well Secular as Ecclesiasticks, F 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 Recompence from them, than that the Popes Messengers or Legats should be per­mitted [Page 340] 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 Ibidem, f. 355. a. n. 10. King Henry does Homage to the King of France. at a Conference between King Henry and Philip A King of France between Gisors and Trie, 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 Ib. n. 20. An. Do. 1184. year on the Tenth of June the King came into Eng­land, and the Dutchess of Saxony his Daughter with him: and not long after made Ibidem, b. n. 20. The Kings Sons recon­ciled. Peace and Agreement between his Sons Ri­chard, Geofry, and John, which was written and confirmed by their B Oaths, before their Mother Queen Alienor, Henry Duke of Saxony their Brother in Law, and many others.

This year the Ibidem, f. 3 [...]6. a. lin 3. The King of South-Wales swears Fealty to King Henry. Welsh grew very troublesome; they wasted the Kings 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 sware Fealty to him, and also sware he would de­liver C as Hostages or Pledges to the King, his Son, and Grandchil­dren; who, when he should have brought them to the King, would not come with him.

The Winter Ib. f. 358. a. n. 20. following died Gilbert the Usurper of Galway in Scotland, who had Murthered his Brother Ʋctred, whose Son Rol­land, taking the advantage of his Uncles death, and of his Son Dunecan, D being in Custody of the King of England, as an Hostage or Pledge for his Fathers Fidelity, invaded and obtained that Country.

The Patriarch of Jerusalem, Ibidem, n. 30. The King sol­licited 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 E Jerusalem, with Pope Lucius's Letters: by which very meanly he endeavours to excite the King to undertake the Relief and Protection of the Holy Land.

The King promiseth 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 F 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 Laicks, to take the Cross; and thereupon Baldwin Arch-Bishop of Canterbury, Ranulph, or as some, Ra­dulph de Glan­vill. Ranulph Justiciary of England, Walter Arch-Bishop 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, Britany, Anjou, Tu­rain, and Main undertook the Crusado.

[Page 341]On the Second of May 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 int [...] 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 Britany, 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. A At whose Command he laid by all Hostility, rendred to his Mother Poictou, and remained with his Father, as a very kind Son.

A while after 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 B 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 disatisfied and confounded.

King Henry at Ib. f. 360. a. n. 20. The King of France pro­mises to give Alice his Sister to Richard. Christmass kept his Court at Damfront in Normandy, and after that Solemnity, at a Conference with Philip King of France at Gisors, he sware he would deliver to his Son Ri­chard Alice the Kings Sister, that he might make her his Wife, and C the King of France granted to Richard with his Sister, Gisors 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 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 D Son of Ʋctred 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 Ibidem, n. 30. An. Do. 1186. Geofry Earl of Britany in a Military Conflict at Paris, was kicked by, and trampled under the Horses Feet, and slain, where he was buried in the Cathedral. After whose Ib. f 361. a. n. 40, 50. Geofry killed in a Military Co [...]flict at Paris by his Horse. death Philip King of France would have had the Custody of his Daughter, E and then only Heir; but the King of England would no way consent to it; and sent Walter Arch-Bishop 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 Ibidem, b. n. 10. He left his Wife with Child of his Son Arthur. Constance the Widow of Earl Geofrey, whom he had left great with Child, brought forth a Son, who was named Arthur.

F Next Winter 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.

[Page 342]After Whitsunday Ibidem, n. 50. An. Do. 1187. Richard and John the Kings [...]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 Batalia, the King of England likewise rangeth his, when by Advice 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.

A

The Truce concluded, Ibidem, n. 10. Richard seizes his Fathers 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 Fathers 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 B 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 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 C Army, and threatned to wast Normandy, if he did not restore Gi­sors 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 Gisors and Trie, where also were Convened the Arch-Bishops, Bishops, Earls, and Barons of both their Dominions; There was also at this great Con­vention the Arch-Bishop of Tire, who Preached so effectually to them,D that all who were Enemies one to another were heartily 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 Ibidem, n. 20. They agree upon Articles how to carry on and main­tain the War. Council presently entred upon the manner and way of E 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.

Labbe [...] Concil. Tom. 10. Col. 1740. B. C. D. Talis est dispositio ad subveniendum Terrae Jerusalem, a Domino Philippo Rege Franciae, & Henrico Rege Angliae, Communi F 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;

[Page 343]I. Every one as well Clerk as Laick, 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 Moveables, 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 A 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, B eight Shillings. Those that have Moveables 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, C and of the Churches.

Out of this Estimation are excepted in Clerks, the Treasure and Or­naments of their Churches, their Books, Horses, Vessels, Vestments, Gemms, and Ʋtensils, which are necessary for their daily use; And in Knights or Soldiers, their Horses, Arms, Vessels, and Cloaths for their common use.

D

For the Collecting of this Alms, Two Tem­plars and an Hospitaller appointed to be Collectors in every Bi­shoprick. there shall be appointed in every Bishoprick 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 Hoved. fol. 366. a. n. 20. dispatch't, and the King was come back into England, and arrived at Winchester on the Thirtieth of Ja­nuary. E And 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 Laicks, 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 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 F 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 [Page 344] 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 Repented, by the Authority of God, the Blessed Apostles Peter A 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, &c. It is Ordained by the Kings, the Arch-Bishops, Bishops, and other Princes, or Chief Men, That all those as well Clerks as Laicks, 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 B other things, except Books, Cloaths, Vestments of Clerks, Ornaments of their Churches or Chappels, Precious Stones, as well of Clerks as Laicks; and except the Horses, and Arms, and Cloaths 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 C of their own Lands, and the Tenths of their own Men and Tenents, and shall give nothing for themselves.

There are five Articles more in this Monk, about the mean Ha­bits, and Cloaths 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 D Expedition; now not much to the purpose.

When this Constitution was thus made, says Hoveden, 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 Laicks, 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; E of whom he took the Tenth of their Moveables, according to the Estimation of honest Men, which knew their Rents and Moveables; 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 Ibidem, n. 40. Scotland he sent the Bishop of Durham, and other F Clerks and Laicks, 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 Moveables (hominum suorum) of his Men or Subjects, to be collected in all his Dominions.

[Page 345]This very year Ibidem, n. 50. Raymund Earl or St. Giles makes War upon Richard the Kings 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 Richards Protection, and Inhabitants of his Countries, and use A them ill. The Earl kept him close Prisoner; and when the Earl of St. Giles Ibidem. b. lin. 1. found he could not Redeem him, Way-laid, 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 Kings 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 B 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 bare to St. James the Apostle. 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.

C Earl Richard Ibidem, & n. 20. An. Do. 1188. Richard enters his Country, and wastes it. moved with this, entred 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 D Arch-Bishop of Dublin, that he had done nothing, but by Advice of the King of France.

At this time King Henry 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 pitcht Battle, had killed their Prince Raimund with his own hands: that there were of E Bishops, Templars, Hospitallers, and others that accompa [...]ed 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, &c.

To this the King Ibidem, f. 367. a. n. 20, 30, &c. He Answers it, and gives great hopes that Relief would speedi­ly be sent. sends an Answer, to the Patriarchs of Je­rusalem F 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.

[Page 346]But in the mean time Ibidem, n. 50. The King of France enters Berry wi [...]h a great Army. Philip King of France had raised a great Army, and entred 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.

A

The King of Ibidem, & b. liv. [...] &c. 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.B

The King of France Ibidem, n. 10. left Berry to William de Barres to de­fend it, and went toward the King of England, permitting his Sol­diers to waste his Dominions; He sends Walter Arch-Bishop of Roven, John Bishop of Eureux, and William Marshall, to demand Re­stitution, and unless he made it, to defie him. The King of France Answers, he would not desist until all Berry and Veuxin-Norman was subjected to him.C

Toward the 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 entred the King of France his Dominions; His Son Richard took William de Barres 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 burnt and took theirs, so as he sent to them, and desired Peace, and offered to part with what he had gotten in Berry. D

They came to a Conference at Ibidem, n. 40. They meet to Treat of Peace, but cannot agree. Gisors, 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 Gisors and Trie, where the Conferences were wont to be between the Kings of France and Dukes of Normandy, and sware there never should be more Conferences in that place.

E

The 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, Ibidem. That the King of France should resign what he had taken since the Truce,The Treaty for Peace re­newed, but without effect. and F 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 [Page 347] them their Pay, where he took away their Horses, Arms, and all their Goods, and turned them off naked, and without Arms.

Earl Ibidem, f. 368. a. lin 6. Richard offers to stand to a Tryal 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.

A

On the Nineteenth of October 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 B 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 sware 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.

C

Yet the two Kings made a Truce Ibidem, n. 30, 40. A Truce agreed upon, and Earl Ri­chard Ana­thematized. until the Feast of St. Hi­lary, and Henry Bishop of Alba, and a Cardinal, whom the Pope had sent to reconcile the two Kings, Anathematized Earl Richard as a Disturber of the Peace.

D After the Feast of St. Hilary, 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 Britans (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 entred the Dominions of the King of England, and wasted them every way.

John [...] Cardinal came from the 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 E the Judgment or Determination of himself, the Arch-Bishops of Canterbury, Rhemes, 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 F 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, &c. as in the last Treaty; And further, that John his Brother might receive the Cross, and go to Jerusa­lem.

[Page 348]The King of England 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.

A

The Cardinal Ibidem, n. 10. The King of France values not the threats of an Interdict. threatned 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 smelt or received some of the King of England's Sterlings.B

The King 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 Beaumont, 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; Ibidem, n. 20, 30, 40. And the King of France had now Conquered C all Tourain, and Main.

In the Ibidem, n. 50. later end of June, or beginning of July, Philip Earl of Flanders, William Arch-Bishop of Rhemes, 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. Ibidem, b. n. 10. The two Kings, and Earl Richard, with their Arch-Bishops, Bishops, Earls, and Ba­rons D 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, 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 E 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 Fathers 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.’

F

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 [...]time.’

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.’

[Page 349]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.’

A 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 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 B surprised, and went to Chinon, and out of very grief and anguish of Mind, Cursed the day in which his was born, and gave Ibidem, n. 40. He Curses his Sons, and would never release them. Gods 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. C 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 Col. 1141. n. 50, 60. affirms it to be so.

DEF

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 Chron. Norm. f. 991. C. An. Dom. 1154. in the first year of King Henry. Winchester, on Michaelmass-day, where they A 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 it self, he sent Sylvest. Girald. Cambr. Hibern. Exp. f 787. lib 2. C. 6. King Henry obtains a Pri­viledge 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 Complements, and Congratulations; from whom he B obtained a Append [...]. 37. Priviledge, by his Authority and Assent, to bring Ireland under his Obedience, Girald. ut supra. that he might cause them to be instructed in the Rudiments of Faith, and informed in Ecclesiastick 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 Popes Priviledge or Bull it self.C

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; 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,D he was an oppressor of the Nobility, and exercised cruel Ty­ranny upon the Great Men of his Land.

To the evil 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 E very well;Dermot Ra­vishes Prince Ororic's Wife. yet taking the advantage of her Husbands 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. then Monarch of all Ireland. The People of Leinster considering in what streights their Prince was, and how he was encompassed with his Enemies, unmasked F themselves, and discovering the concealed Revenge for the Injuries they had received from him. The Great Men left him, and joyned 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 sled to King Henry of England, then in France, and much busied in Aquitan, about reducing to obedience, and setling [Page 351] 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 Ibidem. King Henry's Letters Pa­tents to Der­mot. Rex Angliae, Dux Normanniae, & Aquitaniae, A & 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.

B

‘ [...] 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 License in this matter.’

C

With these Letters he came into England, and for his Conveniency repaired Ibidem, c. 2. Dermot comes into England, and causes the Kings Letters to be read. He gives large Promises to such as should assist him. to Bristol, where he could by Ships coming from Ire­land, often receive information of the State and Condition of his Country and People. While he was there, he caused the Kings Let­ters to be frequently read in the Audience of much People: and made great promises to settle Lands upon, and give great Wages or D Pay to such as would assist, and serve him: but in vain. At length (a) 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 a. 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 E his own Nation, and forthwith went to St. Davids in South-Wales, from whence was the nearest Passage into Leinster, where Rice, or Rese Fitz-Grifin had the chief Command under the King: and Da­vid the Second, was Bishop of St. Davids; They both Commiserated the Calamity of the Exile, and pitied his Condition. At this time F [Page 352] b. (b) Robert Fitz-Stephan Governor of (c) Abertefie, or Aberteife, who c. 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 A St. Davids, and Maurice Fitz-Girald, he obtained License of Rice, and in their presence made a Contract with Dermot, That upon Condition he would grant them the City of Wexford in Fee, with two Cantreds (or Hundreds) adjoyning, Maurice Fitz-Girald and himself would assist him next Spring. Hereupon he returned to St. Davids, Shipped himself, and came privately to Ferns, not far from Wexford, and remained with the Clergy of that place all Winter.B

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. Spie than Soldier. On the Morrow the tried brave and stout Maurice de Prendergast (so C 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,D and confirming it with their Oaths, they joyn their Forces, and march toward Wexford, about twelve Miles from Bannogh; Upon their coming near it, the Townsmen to the number of 2000 go forth with intention to give them Battle; but when they saw the Order of the Foot, the Arms, Discipline, and Appointment of the Horse, such as before they had not known, their minds were pre­sently changed;Fitz-Stephan Assaults Wex­ford, but is repulsed. they burn the Suburbs, and retire into the Town.E 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 F [Page 353] Stone that fell upon his Head-piece, yet was carried off by his Com­rades with safety of his Life. Upon this Repulse they withdrew themselves from the Walls, and burnt all the Ships they could come at on the Strand and in the Haven.He burns all the Ships in the Haven.

The next day 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 A their City, and considering they unjustly resisted their Prince, desired a Treaty; the Issue whereof was,Wexford sur­rendred. 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 Cantreds or Hundreds between Wexford and Waterford, B lying upon the Sea.

Having thus reduced Wexford, by the addition of the 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) Osserie, the Prince whereof Duuenald, or Do­nald, amongst all his Rebels, was the greatest Enemy to Dermot. d. The Army advancing to the skirts and out-side of the Country, en­tred a little way into it, but finding the Passages into the inaccessi­ble C Woods and Bogs, so secured, Barricado'd, 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 Ingagements, and think­ing their Enemies through fear had turned their backs, issued out of their fastnesses, and persued them in the open Fields.

Robert Ibidem. Fitz-Stephan totally routs the Osserians. Fitz-Stephan, taking the advantage; faced about D 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 en­tred 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 sware Fi­delity to Dermot. It was rather a feigned than real Peace on both E sides. Robert Barrie and (e) Meyler, were the most conspicuous for e. their Courage and Valor in this Engagement.

[Page 354] Dermot 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) Monarch of all Ireland, by his Messengers called together all the Primates, or Chief men of the whole Nation; upon Consultation, they agreed f. 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 A 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 Ibid. c. 6. Roderic solli­cits Fitz-Ste­phan to with­draw, but pre­vails not. sent to Fitz-Stephan, and endeavoured to perswade B him by great Promises and Gifts, to depart, 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 joyn 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, Girald. Ibid c. 10. A Peace con­cluded be­tween Der­mot and Ro­deric. by the intervening of Messengers and Friends,C 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.

D

Just after this Agreement 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 Horse-men, and one hundred Archers on Foot in two Ships, and landed at Wexford. Dermot rejoyced, 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 adjoyning, with E Depredations, Slaughters and Burnings, 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 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 F [Page 355] assistance he obtained Victory in every Conflict,He is over­th [...]own, 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 Ibid. c 12. Fitz-Mur­chard projects the obtaining the Monarchy of Ireland. encouraged by this Success, having regained his Country, thought of recovering his antient A 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 sollicites 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 B to make good his Agreement: The Earl, upon receit of his Letters, went to King Henry, and earnestly supplicated him, either to re­store his Hereditary Lands according to Justice, or give him leave to make his Fortune in some other Nation.

And having received a Ibid. c. 13. dissembled rather than true License, after Winter he sent before a Young Man of his Family called He was Ne­phew to Mau­rice and Fitz-Stephan by their Elder Brother. Reymund sent by Earl Ri­chard into Ire­land with Forces. Rey­mund, a stout and valiant Person, and well skilled in the use of C 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, 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 g. men, and passing the River Siver, they marched towards the Ditches of the Castle in three Divisions, with intention to assault it. D Such was the Courage of Reymund, that he and his men went forth to meet them, who oppressed with number, and not able to resist, returned to their Castle and Trenches, their Enemies persuing and entring with them. Reymund seeing in what streights they were,He obtains a great Victory of the Irish. faced about towards the Enemy, and with his Sword cut them down one by one as they entred, and with a great out-cry he called back his men to his defence, which struck Terror into his Enemies, that they gave back and fled in such confusion and disorder, that E Reymund and his men persuing them, killed above five hundred, with their Swords and Weapons, and threw many of them who had climed steep Rocks for their own safety into the Sea: In this Conflict one William Ferrand was very Famous for his wonderful Courage and Exploits.

By this Victory 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 F they might either have had the Town, or a great Sum of Money; concerning these men Hervey of Mount-Maurice, who had joyned him at his first landing with three Knights or men at Arms and Rey­mund, [Page 356] were of a contrary opinion; Reymund was for their Redem­ption by Money, and urged, That it was against the Principles of Humanity, Piety and Honor, to destroy them. Hervey urged, that to spare them, was to nourish Serpents in their Bosoms, and but to give them an opportunity of revenging themselves; and put the Question, That if the Victory had been on their side, whether they would have sold them their Lives, and out of Piety given them leave of Redemption. He was for doing what they came for, sub­duing A 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 Ibid c 16 A. D. 1170. Strongbowe o­verthrows Mac-Laghlin, and takes him Prisoner. Richard Strongbowe landed near Waterford with 200 Horse-men, or men at Arms, and about 1000 others, and on the 25th in the Morning assaulted that B Town, and was twice repelled by the Citizens, and the remains of those that escaped at Dundolf; but upon the third attack they en­tred, killed very many in the Streets, and obtained a Bloody Vi­ctory. h. They took Mac-Laghlin Prince of (h) Ophaly, and one Reginald, who by the mediation of Dermot had their Lives saved, and with him came Maurice Fitz-Girald, Robert Fitz-Stephan and Reymund, and joyned their Forces with Earl Richard, to whom Dermot gave his Daughter Eva in Marriage, after which Solemnity they marched C to Dublin.

And so soon as they came before it, 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 D Isles.

Roderic King of Connaught was much concerned at these Ibidem. Roderic threa­tens to put Dermot's Son to death. Pro­ceedings of Dermot, and sent to him to let him know, that he had broken the Peace between them, by calling so great a number of Strangers into the Island, and that he neither was mindful of his Oath, nor compassionate towards his Hostage, which was his Son; and therefore gave him notice, that if for the future he did not re­strain E the Excursions of his Strangers, he would cut off his Sons Head, and send it him. To which Dermot answered, that he would not desist, until he had subdued Connaught, and made himself Mo­narch of all Ireland according to his right. Roderic provoked with this Answer, condemned his Son to death.

About this time 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 F 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 [Page 357] and Pirats, and make them Slaves, and for this reason they thought they lay under Divine Vengeance, and by publick consent made a Decree, That all the English that were in Servitude,The Irish Cler­gy Decree that all English Slaves be [...]et at Liberty. should have their Liberty. The Historian tells us, the English, by a com­mon Vice of the Country, had a Custom to Ibidem. fell their Children and Kinsfolks, though they were neither in want or extream Po­verty.

A

King Henry hearing what progress the 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 License to go and assist his B 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, Ibid. c. 20. f. 771. n. 50. A. D. 1170. Dermot Fitz-Murchard, being a very old man, died at Fernes.

About Ibid. c. 21. A. D. 1171. Hasculph at­tempts to re­cover Dublin. Whitsuntide the same year, Hasculph sometime Go­vernor C of Dublin, attempting to regain that City, came into the River Liffe, now the Road or Haven, with sixty Ships filled with Norwegians, and Inhabitants of the Northern Isles, who landed and assaulted it; But Miles Cogan the Governor defended it so well, and his Brother Richard sallying out upon them, beat them off with so great slaughter, that they fled;He is repulsed by Cogan, and taken Prisoner their Leader John Thewoode being killed, and Hasculph taken in the Silt or Ouse, as he was making to his Ships, who was reserved for Ransom; but being brought before D 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 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 E besieged Dublin: By the Instigation of Laurence Bishop of that place this was done, and he with the Prince of Connaught Roderic, wrote to Gotred Prince of Man, and other Chiefs or Princes of the Islands, promising great rewards for their assistance, who with thirty Ships full of Fighting men, arrived in the Port of the City, or Water of Liffe.

Two Ibidem. Dublin much pressed with want of Vi­ctuals. months the Siege had continued, without any relief by F 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 besieg [...]d in Karrec Castle. Kencele) that Robert Fitz-Stephan was by those People, and the men of Wexford, to the number of 3000, besieged in his small Castle of Karrec, (not far from Waterford) and unless he were relieved within three days, he must fall into his Enemies hands.

[Page 358]Within Dublin 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; Ibid. c. 23. Maurice and Reymund per­swade the Earl to Sally out and attack the Enemy. Reflecting upon their desperate condition, Maurice and Rey­mund perswade and exhort the Earl, and the small Troops within the City, to go out and attack the Enemy, who though they ap­peared A 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 Ibid. c. 24. strive who should Arm first, and were divided into three small Troops; in the first commanded B by Reymund, were twenty Knights, in the second commanded by Miles were thirty, and in the third commanded by Maurice were forty, with some other Horsemen, and a few Citizens joyned to every Division or Troop; with these (leaving enough for the Guard of the City) they march out, and suddenly about nine of the Clock in the Morning,They set upon Roderic on a sudden, and Defeat his whole Army. they set upon an Army of Thirty thousand men, who neither expected or thought of them, killing very many of them and dispersing the rest; Roderic trusting to the multitude of C his men, and no ways suspecting such a desperate Sally, was Bathing himself, and hardly escaped. The English persued their Enemies until the Evening, beating off and dispersing as well the Southern, as other Bodies of men,They spoil his Camp, and re­turn well provided with Victuals. that lay on several parts of the City, under several Chiefs and Commanders, and then returned well provided with Victuals, Carriages, and Spoils. On the morrow having se­cured and placed sufficient Guards in the City, they march toward Wexford. D

In the Ibid. c. 25. The Wexfor­dians take Fitz-Stephan by a Trick. mean time the Wexfordians and Kencelians take Ro­bert Fitz-Stephan by a Trick and Falsity, when they could not pre­vail by Force: They brought before the Ditches of the Castle, the Bishops of Wexford and Kildare, with other men in Religious Ha­bits, and divers Reliques, upon which they all affirmed upon Oath, that Dublin was taken, and the Earl, Maurice, and Reymund, and all the English were destroyed, that the Army of Connaught and Leinster E were coming from thence and were very near Wexford, that they did this out of kindness to him, that he and the People with hm, might quietly be conveighed over into Wales, before the multitude, who were his desperate Enemies, came up. Fitz-Stephan believing them, gave himself into their Power and Protection; they no sooner had Possession of him, but killed some of his men, beat, and grie­vously wounded others, and put them into Prison and Bonds. But very suddenly there came contrary news, that the Siege of Dublin F was raised, and the Earl was marching toward them. Upon which they fired the Town of Wexford, and removed themselves and Goods, with their Captives, into the Isle of Beg, or St. Beger, at the mouth of the Harbour.

[Page 359]The Earl, Ibid. c. 26. The Earl marches to­ward Wexford to relieve Ste­phan. in his march toward Wexford, was impeached at Odrone, a narrow and difficult place, by reason of Bogs and other impediments, which was also fortified with Stakes; here the Forces on both sides were engaged, many of the Irish were slain, the English gained the pass with the loss of one man only, and marched into the Champain Country. Meiler in this Fight was eminent above all others for his Valor.

A

When they Ibid. c. 28. The Irish threaten to kill all the Pri­soners, if the Earl should disturb them. came to the Bordes of Wexford, they were in­formed of the case and condition of 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 B 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 Cantreds,The Earl a­grees to deli­ver up Dublin to King Henry. Ba­ronies, or Hundreds adjoyning, 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 C this Agreement the King went by Sea to St. Davids, 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 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, entred the Ditches, and assaulted the Walls of Dublin; but Miles Cogan the stout Go­vernor, D 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, 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 Horse-men and Archers, took Shipping at Milford Haven and landed at Waterford on the 18th. Roger Hoveden F. 301. b. n. 30.40. says, he set sail with a great Army of Horse E 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 staid some days, and the Citizens of Wexford, 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 F in Chains to A small Tow­er so called upon the walls of Wexford. Reginald's Tower.

Hither came Dermot Mac-Carty 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 [Page 360] 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 Atchievements, 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 adjoyning.

A

All the 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 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 B of Ireland, and became his men, and swear Fealty to him and his Heirs against all men.

These Charters were transcribed, and the King 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 Apostolick Au­thority to him and his Heirs, the Kingdom of Ireland, according to the form of those Charters.

C

The Nation being in perfect peace and quiet, the King 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 App. f. 464 H [...] confirms their Decrees by his Royal Authority. Decrees of the Coun­cil by his Royal Authority.

D

From Waterford he came to Dublin, Hoved. ut supra. n. 30. about the Feast of St. Martin or 12th of November, and staid there until the beginning of Lent; he kept a Noble Christmass, the Irish admired his Hospitality, and the Splendor of his Court.

Here King Henry staid until the beginning of 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 E made hast 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 Lacy 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 Ibidem. Hoveden. Robert Fitz-Bernard in custody the Cities of Wexford and Waterford, with F their Appertinencies, and commanded him to build Castles in them.

Giraldus 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 Lacy 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 [Page 361] Humfry Bohun he gave the command of Waterford, and left with him Robert Fitz-Bernard, and Hugh de Gundevill, with forty Knights or men at Arms; William Fitz-Aldelm had the Government of Wex­ford, and with him were Philip de Hasting and Philip de Breus, with twenty Knights or men at Arms. Ibid. n. 30. A. D. 1173. Having made this Settle­ment, (such as it was) on Easter Monday Morning, i. e. by Sun-rising, he went on Ship-board in the furthermost part of the Haven of A Wexford toward the Sea, and landed near St. Davids in Wales about Noon that day (saith my Welsh Historian) and from thence with all imaginable speed he passed to Portsmouth, He leaves Ire­land and ha­stens into Nor­mandy. where the Ships lay ready to transport him into Normandy; he had intended to have staid in Ireland all the Summer, and to have reduced the King of Con­naught and the whole Nation, had it not been for this sudden avoca­tion into Normandy about the business of Thomas Beckett, and the Differences between him and the King of France, that were to be B composed and determined by the two Cardinals.

Not long after the King's departure, having left the Nation in some tolerable Tranquility, Ibid. c. 40. Ororic's Trea­chery to de­stroy Lacy and Maurice. Ororic the one-ey'd King of Meth, and Hugh de Lacy, gave Counter-Security, and made Oath each to other for their safe coming and going to and from the place ap­pointed; on a certain day met at Ororic Hill, to confer and dis­course for the better and more peaceable ordering of their Af­fairs; C they were to meet but a small number equal on both sides, and unarmed: Grifin the Nephew of Maurice Fitz-Girald, had a jealousie of the Treachery of Ororic, and brought with him seven choice Knights or men at Arms of his Relations; after some time spent in Discourse upon several Proposals to no purpose, Ororic gave the sign to his men he had laid in Ambush, for the destruction of Hugh Lacy and Maurice, and advanced to smite Hugh with his Irish Axe, with which stroke the Interpreter interposing himself, had his D Arm chopt off, of which wound he died; Maurice and his Nephew Grifin came in to the Rescue of Hugh Lacy, which when Ororic saw, he intended to fly, but in the very act of mounting his Horse, Grifin charged him so home with his Lance,Ororic killed by Grifin Ne­phew to Mau­rice. that he pierced both man and Horse, killing them both, and afterward his Servants that brought the Horse; the rest fled to the Woods, of which several were killed in the persuit. Ororic's Head was sent into England to the King. In this conflict Ralph the Son of Robert Fitz-Stephan deserved praise E before others, for his Valour and Courage.

The Rebellion of the Sons of the King against him at this time, and the Dissention both in England and Normandy, and other parts of France, under his Dominion, (which the Irish very well under­stood) Ibid. l. 2. c. [...]. The Irish in­couraged to throw off the E [...]glish Yoke. gave them an opportunity of taking Arms, and endea­vouring to throw off the English Government, all the Princes of the F Nation were in this Confederacy. For the Suppressing of this Insur­rection, and reducing the Country into order again, Earl Richard Strongbow was sent over with the Kings Commission, who in a short time spent all the Treasure he brought over with him; his Soldiers also that were under the conduct of Hervey de Monte-Morisco or Mont-Morice, then Herveio se Constabulari­um jam 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 [Page 362] leave him, and either return into England, or go over to his Enemies.

In 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 A 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 B 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 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 C of these Forces; and that he might seem to do something extraor­dinary, drew the Earl and the Soldiers with him to Cassil, where the Forces of Dublin were commanded to meet them. In their march thither they quartered one night at Ossory, of which Donald O Breen Prince of Limerick had certain advice by his Scouts, very early in the Morning he beat up their Quarters, and killed 300 Ostmans, The Irish una­nimously rise up against the English. with four Knights that commanded them, the Earl hearing this, returned in disorder to Waterford. Upon occasion of this ac­cident D the whole People of Ireland unanimously rise against the En­glish, so as the Earl was as it were besieged in Waterford. Roderic Prince of Connaught passed the River Shanon, and invaded Meth, de­molished the Castles being without Garisons, and with Fire and Sword wasted the Country, almost to the very Walls of Dublin.

The Earl Ibid. c. 4. was in a great streight, and wrote into Wales to Reymund, that he would return with all speed, and bring what Aid E 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 F their purpose: So soon as Reymund entred Waterford, with his Forces he conducted the Earl to Wexford, leaving the care of that Town unto one Tyrell 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 it self was preserved by such as were in Reginald's Tower, who drove [Page 363] the Traytors 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 A to such a pass, as through fear of him, the Nation for some short time remained in Peace.

But long it was not Ibid. c. 8. Donald breaks his Oath made to King Henry. e're Donald O Breen or Brin, King of Li­merick and Mounster 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 Horse-men as his Guard, three hundred Archers on Horseback, and as many on B Foot, about the first of October attacqued 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 couragious young Gentleman, that despised Death, in respect of Honor, 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 Foord, yet none followed him but one Geofry Judas a common Soldier, who was drowned. Meiler seeing C this, envying the Courage and Honor that David Welsh had got in his passing over and safe return, clapt 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 encountred by the Enemy. Reymund observing in what danger his Nephew was, in­couraged his Army, and led them over, with the loss only of two D 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 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. Da­vids E Governor of it. Hervey de Monte Marisco, envying the Honor and Success of Reymund (notwithstanding he was related to him by the Marriage of his Cousin German Nesta, Hervey endea­vors to under­mine Reymund. the Daughter of Maurice Fitz-Girald) plied the King continually with secret and malitious 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.

F The King moved with this Information, and giving credit to Hervey, sent Ibid. c. 11 four Legats or Commissioners, Robert Poer, Os­bert de Hereford, William de Bendinges, 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.

[Page 364]But it so happened, that while Reymund was preparing for his passage into England, Messengers came from the Ibid. c. [...]2. Garison 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 sollicitous 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 A advising with the Kings 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 it self very strong, but by new fortifying B it with Ditches, cutting down of Trees, placing them Artificially, and making strong Hedges, it was made as it were impassable.

The Army 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 De­fendents, and opened his way through it by the Sword, on the Vigil or Eve of Easter, and on Tuesday that week entred Limeric with his C Victorious Army, and repaired what had been ruined or destroyed by the Siege.

Not long after 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.D

No sooner 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 E pretence of Peace, the Son caught his Father and imprisoned him; the Father, under the same pretence, got his Son and chopt off his Head.

A. D. 1175.After this the Prince of Conaught sent his Submission and Condi­tions to the King of England, Hoved. f. 312. b. n. 10, 20. King Henry holds a Coun­cil at Windsor. by his three Commissioners, Ca­tholic Archbishop of Tuam, Cantord Abbat of St. Brandan, and Lau­rence his Chancelor. On the sixth of October the King held a great F 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.

[Page 365]First, The King of England 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 entred Ireland, pay­ing unto him Tribute, &c.

A 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, &c. with several other things mentioned in the Concord it self.

In this Council King Henry Hoved. f. 313. a. n. 10. Augustin made Bishop of Wa­terford by King Henry. gave unto Mr. Augustin and Irish­man, B the Bishoprick 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 Ibid. f. 316 a. n. 20. A. D. 1176. Pope Alexander the Third sent Vivian Priest, Cardinal, Legat of the Apostolick See in Scotland, and the circumjacent Isles, and in Ireland and Norwey to hear and determine in Ecclesiastical Causes.

C

This year about the beginning of June died Ib. b. lin. 6. Earl Strong­bowe dyes at Dublin. Earl Strongbowe at Dublin, of whose death Reymund, then in Desmond, Girald. Cambr. ut supr. c. 14. had no­tice from his Lady Basilia, which he indeavoured 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 depart for England, they resolved to remove the Ga­rison D out of Limeric, and disperse it into the Maritim 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 E 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 Kings Ibid. c. 1 [...]. Commissioners after the Earls death, make hast into England, and acquaint the King with the change of Affairs in Ireland, who forthwith sends (a) William Fitz-Adelm In Hiberni­am procurato­rem misit. Procurator thither, with ten Knights or Men at Arms of his private Guards or a. William Fitz-Adelm sent Procurator into Ireland. F [Page 366] Houshold to attend on him, and joyned with him John de Curcy, with whom he sent ten others of the same Quality. Also Robert b. Fitz-Stephan, and (b) Miles Cogan, (who for two years last past, 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, Gari­sons,A Forts, and Hostages of all Ireland, to William Fitz-Adelm as Senescal, sent by the King.

John de Curcy Ibid c. 16. f. 791. lin. 1. John de Curcy holdly sets up­on Ʋlster. 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 sloath of the General, and for want of Pay, and their usual refreshment by Plunder, two and twenty B Knights or men at Arms, and 300 others. And boldly sets upon the Kingdom or Province of Ʋlster, not yet attempted by the English Arms.

Cardinal Hoved. f. 320. b. n. 10, 20. He takes Doun. Vivian beforementioned was with King Guthred in the Isle of Man at Christmass, and after Epiphany or Twelf-day passed into Ireland and remained at Doun, the chief Town then of Ʋlster; while he was there about Candlemass, Ibid. & Girald. Cam­bren. Hibern. Expugn. lib. 2. c. 16. f. 794. n. 20. A. D. 1177. John de Curcy came be­fore C that place and took it, without trouble, the Governor Dunleue (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 Dunleue raise an Army of 10000 Irish in few days, and march toward Doun 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 D 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 Ʋlster, but just only mentions them,E and the places where they were fought; Stanihurst also in his P. 182. Hi­story of Ireland passeth them over as briefly; but Dr. Hanmer in his 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 Frier, and 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 Ibidem. John de Cur­cy's descent. by his Father a Norman, by his Mother a Cambrian F Britain or Welchman, and married the Daughter of Guthred King of Man; he served King Henry in all his Wars. In France he became [Page 367] acquainted with Sir Amoric Tristram who married Curcy's Sister, and whether from the Ladies name, or that they were married on St. Laurence day, he was ever after called Amoric de Sancto Laurentio, and his Descendents 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 dye together, A 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 joyned 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 B Homage and Fealty. They Landed at (c) 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 C an Invention of the Frier, 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 Ib. f. 152. He beats the Ʋlster men. was fought on Midsummer-day following, before the Walls of Doun, with fifteen thousand Irish, in which Curcy was Vi­ctor, and beat them so much, that the Ʋlster men had no great sto­mach to set upon the English afterward; here Sir Amoric was D wounded and lost much Blood, his Wounds were so many and so dangerous, that he was given over by Physitians and Chirurgions 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 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 Ʋlster, espe­cially E 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 levelled 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 F 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. [Page 366] [...] [Page 367] [...] [Page 368] 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 A by Sir Amoric, and he and Sir John Curcy, in their flight, and in several Skirmishes, killed nineteen score of those that persued 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 Enemies 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 B 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 Mornings work only two.C

Giraldus Cambrensis 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,D and fasting two days and nights, continually defending themselves from the attacks and assaults of their persuing Enemies, until they recovered his own Castle.

The Third was 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 Ʋlster called * Ʋriel. John de Curcy had sent into England for Victuals, Ammunition, and other necessaries, by stress of Weather the Ship that brought them, was driven into a Creek there, called Torshead. O Hanlan with E 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 Ʋriel, but in his march, he had notice that the Irish of those Parts were in Arms, and provided for their defence, and were incamped South of Dundalke. The English marched to­ward them, and procured a Poor Frier 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 F came within a Mile of the Irish Army, they went forward in such order as might make the greatest shew, 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 [Page 369] 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 Frier shewed 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 A left Courcy in the midst of his Enemies; his Brother Amoric comes in­to to his relief, rallies, and incourageth 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 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 B de Courcy, who commanded those English Forces that subdued Ʋlster, after which he built many Castles in fit places for the Security of it, and established there a firm Peace.

While John de Courcy Ibid. c. 17. was thus imployed in reducing Ʋlster, Miles Cogan who was Dublinens. familiae con­stabularius, & urbis custos, &c. 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 C Horse-men, and 300 Archers, passed the River Shannon, and invaded Conaught, the men whereof burnt 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, &c. Forces went as far as Twomond or Tuam the Metropolis, and staid there eight days, but not finding wherewithall 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 Horse-men.

D

After this William Fitz-Adelm was recalled, and Ibid. c. 18. A. D. 1177. Hugh de Lacy 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, Hoved. f. 323. n. 20, 30, 40, &c. Henry makes his Son John King of Ire­land. King Henry made his Son John King of Ireland, by the Grant and Confirmation E 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 P. 97. a. says he purchased or procured a License 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.

F He gave in the same 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 [Page 370] 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 A 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 B 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 Lacy 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 C 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 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 D and Fidelity to them for those Lands.

Afterward he gave 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 E 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 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 spight: Robert Fitz-Stephan and Miles Co­gan F 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 Ibidem. Miles Cogan and Ralph Son to Robert Fitz-Stephan that had married his Daughter, went toward Lismore [Page 371] 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 Ibid. f. 797 n. 10. Rey­mund A heard in what distress he was, and shipped himself at Wexford with twenty Knights, and an hundred Foot and Bow-men, and landed at Cork, encountred 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, 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 B Kingdom of Cork; a man no way inferior to his Brother for Cou­rage and Martial knowledge.

Hugh de Lacy at this time governed Ireland 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 behavior so allured C the Irish, and obliged the great men, that he was much suspected to have aimed at the Dominion, Crown, and Scepter of that Nation.

This suspicion of him increasing, Ibid. c. 21. A. D. 1181. Upon suspiti­on he is re­called, and new Gover­nours 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 Garisons in them for the security of the Kingdom.

D

Hoveden placeth this F. 348. b. n. 30. Revocation, and sending of the new Governours in the year 1181. and says, they would not continue him Governour 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 suspition of his Usurpation. He also saith, Ibid. n. 20. that Laurence Archbishop of Dublin, some time before and about Candlemass, came into Normandy, and brought with him the E 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 Governours were sent into Ireland in Ibid. c. 22. Hugh de Lacy 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 Lacy was restored to the Kings Favour, and having given Security to him, had the Care of that Nation again committed to F him, and with him Robert of Shrewsbury a Clerk was joyned 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 Engl [...]sh Interest.

King Henry, as he had given Ibid c. 24. A. D. 1182. Ki [...]g 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 [Page 372] 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 Lacy was discharged from his Government,Hugh Lacy 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 Lacy had aliened and sold away to the King's use; in the be­ginning A 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 Doun, and so returned with the Tribute to Dublin.

As he had determined, King Henry having prepared all things for his Voyage, 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, B 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 Horse-men 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.

C

At the very first coming of John the Kings Son, there met him at Waterford Ibid. c. 35. f. 807. n. 40. The Irish came to com­plement 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 D 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.

E

These three Princes Ibid. f. 808. l. 1. &c. Those three Princes were prepared to come to John and acknow­ledge their subjection to him. But were di­verted by the ill usage of the Irish. were then prepared to come and wait upon Earl John, to acknowledge their subjection, and pay their Duty to him. But hearing this news, and suspecting what might be the end of such beginning, concluded to joyn together against the English, and enter into a League of Defence of their Liber­ties and Country, and now became Friends, who before were Enemies.

F

Upon these Misdemeanors Ibid. n. 50. King Henry re­moved the young men from the Af­fairs of Ire­land, and puts in experienc'd men. John de Curcy made Gover­nor of Ireland. King Henry removed these young People that understood not the Affairs of the Nation, and put in experienced men who had been employed in the Conquest of it to manage them, and made John de Curcy Chief Governour of Ireland, who with the Army scowred the Countries of Cork, Limeric, and Connaught, and made them quiet.

[Page 373]At the time of committing these Extravagancies, Ibid. f. 809 n. 30, 40. Three diffe­rent Interests in Ireland. there were in Ireland three different Interests, and three such, as then they called Armies, one of the Normans, another of English, and a third of Welsh. The first were in great Favour, the second in less, and the third in none at all: The Normans were Luxurious drinking much Wine, they refused to be placed in the Marches or Borders against the Ene­my, or in Castles far from the Sea, they were always with, and not A to be separated from the Kings Son; They were great Talkers, Giraldus Cam­brensis his Cha­racter of the Normans in Ireland. The first Sub­duers of Ire­land discon­tented. John the Kings Son did no­thing consi­derable in that Nation. Boast­ers, and Swearers, very Proud, and Contemners of all others, greedy of Places of Honour and Profit, but backward in undertaking any hazardous or dangerous Action, or performing any Service that might deserve them; and for these reasons the old Militia that first invaded the Island, seeing themselves neglected and slighted, and the new men only caressed, sate still and acted not, so as Earl John made small progress in the further subduing of that Country.

B

After this Giraldus Cambrensis tells us, how Ireland was to be com­pleatly conquered, and how to be governed, and then shuts up his History in these words. Finem igitur hic Historiae 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.

C In his Topography of Ireland he is frequently Fabulous and Ro­mantick, relying upon Tradition, common Story, and Relations of the People. The greatest part of his History is undoubtedly a true Narrative of things done, though it is tedious to read, being writ­ten in long Tropical Sentences, and as it were Quibling, Convertible, and Gingling Latin, which was the Eloquence of those times.

I have as it were Epitomized him in this Relation of the Conquest D 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 * use whereof they seemed not to know, before they * had been taught it by frequent Fighting with the English; and how they were confounded and amazed at the Arms, charging, and man­agement E of the Horse-men, until for some time they had been used to them, and began to understand it.

Hoveden F. 359. a. n. 50. b. n. 40. A. D. 1185. John the Kings Son returns out of Ireland. The Pope by his Bull, gave King Henry leave to make which Son he pleased King of Ireland. And sent a Crown of Peacocks Fea­thers inter­woven with Gold says, that King Henry, after the return of his Son John out of Ireland, without doing any thing considerable there, hearing Vrban was chosen Pope, sent to him, and obtained many things which his Predecessor Lucius would not grant; amongst his Favours, one was, That he had leave confirmed by his Bull, to make F which Son he would King of Ireland, and as an Argument and token of this Concession and Confirmation, he sent him a Crown of Pea­cocks Feathers interwoven with Gold.

[Page 374]There is nothing more to be found of this Hugh de Lacy, but his Annal. [...]i­be [...]n. A. D 1186. Hugh de Lacy his strange Death. Death, which the Annals of Ireland tell us happened in this man­ner; when he was very busie and intent, about building the Castle of Dervath, and finding the Irish he employed in preparing the Ground, and doing other things toward the erecting of it, very unskilful at the use of the Tools and Instruments they wrought with, he himself undertook to shew them how they were to work with A them, and while he took a Pick-Axe out of the hand of one of them to shew him the use of it, and striking with it, held it in both his hands,His Head was cut off by an Irish Laborer. and stooped inclining his head, the man chopt it off with an Hatchet or Irish Axe. Cambrensis, that I know of, hath not the full Relation of this Story, but in his Recapitulation of things done in Ireland, this is Lib. 2. Hi­be [...]n. Expugn. c. 34. f. 807. n. 20. one among the rest, where he saith thus. De Hugonis de Lacy à securibus male securi, Dolo Hibernensium suorum apud Dervath Decapitatione.

B

Not long after Roger Poer, who under this 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 Ibid. f. 810 n. 50. c. 37. by the Treachery of the Irish.

In the year 1187. after Christmass, 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 Ʋrban sent into En­gland Octavian Sub-Deacon Cardinal, and Hugh de Nunant (after­ward C Bishop of Coventry) his Legats, with power to pass into Ire­land, and Crown John the Kings Son. But his Father deferred the Coronation, and carried the Legats into Normandy, to a Confe­rence between him and Philip King of France. So that not being Crowned, John contented himself with the Title of Lord of Ireland ever after.

Besides the Title of Conquest, King Henry's Girald. Cambr. lib. 2. c. 32. f. 806. n. 20. Henry the Se­cond his Title to Ireland. Title of meer D 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.

EF
A Catalogue of many of the Chief Adventurers in the Conquest of Ireland, made out of Giraldus Cambrensis, as it is to be found in Camdens De­scription A 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.
  • B 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.
  • C 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 Abbat of Buldewas in Normandy.
  • D Ralph Arch-Deacon of Landaf.
  • Nicholas the Kings Chaplain.
  • Humphry de Bohun.
  • Robert Fitz-Bernard.
  • Hugh de Gundevilla.
  • Philip de Breusa alias Braosa.
  • William de Breusa alias Braosa.
  • Philip Hastings.
  • E 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.
    • F Adam Hereford
    • —Hereford
  • —Purcell.
  • [Page 376]Nicholas Wallingford a Prior, afterward Abbat of Malmsbury.
  • David Welsh Nephew to Reymond le Grosse.
  • Geofry Judas.
  • Reymond Kantitunensis.
  • Reymond Fitz-Hugh.
  • Miles of St. Davids.
  • Osbert of Herford alias Haverford West.
  • William Bendeuges.A
  • 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.B
CDEF

Church Affairs in this Kings Reign, whereof the chief and greatest, are conteined in the Brief, but Clear A Account of the Life and Death of Thomas Becket Archbishop of Canterbury.

IN the Second year of his Reign,Ann. Dom. 1155. King Henry to the Honor of God and Holy Church, and for the Emendation of his whole Kingdom, Granted and confirmed to God Append. N. 40. King Henry's Grant to Holy Church, and to the Earls, Barons, &c. and Holy Church, and to all Earls, B and Barons, and all his men, (omnibus hominibus meis) All the Customes (omnes Consuetudines) which his Grandfather King Henry Gave and Granted to them by his Charter, and abolished all ill Customes; and therefore Willed and firmly Commanded, That Holy Church, and all Earls and Barons, and all his men (or feudataries) should have and hold all those Customes, Donations, Liberties, and free Customes, freely, quiet­ly, wholly, and in peace of him, and his heirs, to them and their heirs, so freely, quietly, and fully in all things, as King Henry his Grandfather gave and granted, and by his Charter confirmed unto C them.

About the Year 1162. certain Gul. Neubr. lib. 2. c. 13. A. D. 1162. A Sect called Publicans came out of Germany into England. Wandring people, called Pub­licans, came out of Germany into England, which had infested many parts of France, Spain, Germany, and Italy with their Doctrines. They were in number about thirty men and women, who dissembling their Design, came peaceably into the Nation, under the Conduct of one Gerard, who they respected as their Master and Leader. He was somewhat Learned; but the others were unlettered, ignorant, meer D Rusticks, who spake the Teutonie Language, and were of that Na­tion: They had been some time in England, yet Converted one Woman only. Being discovered they were put in Prison: The King not willing to Dismisse or Punish them without Examination,They were Convented before the Bi­shops. Their Opini­ons. Con­vened a Council of Bishops at Oxford, before whom they were Con­vented touching their Religion, where Gerard undertaking the Cause, and speaking for them all, Answered they were Christians, and had a veneration for the Apostolic Doctrine, and being interro­gated E concerning the Articles of Faith, they answered rightly as to the Substance of them concerning God; De Divinis Sacramentis perversa dixe­runt, Sacrum Baptisma, Eu­charistiam & Conjugium de­testantes. but as to the Divine Sa­craments they spake perverse things, Abhorring and Detesting Bap­tism, the Eucharist, and Marriage, and Derogating from the Ʋnity 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 Ʋnity of the Church they despised all advice: And F being Threatned, they Laughed, that for Fear they should be brought to Repent, saying, Blessed are they that suffer Persecution for Righte­ousness sake, for theirs is the Kingdom of Heaven.

[Page 378]Then Ibidem. The Bishops pronounce them Here­tics. They are de­livered to the secular power They are Burnt in the Foreheads, and Whip [...]. They rejoyce at their pu­nishment. the Bishops publickly pronounced them Heretics, and Delivered them over to the Temporal Power to be Corporally punished. The King Commanded they should be Burnt in the Forehead with the Mark of Heretics, and be Whipt out of the City, in the Sight of the people, strictly forbidding every person to give them Lodging or any other Comfort: They Rejoyced at the Execution of the Sentence, and made hast through the City, their Leader singing before them, Blessed shall ye be when men hate you, who was doubly Cauterized in the Forehead A and Chin. It was in the Depth of Winter, and they miserably perished, none affording them succour.

The Life, Actions, and Behaviour, &c. of Thomas B Becket Arch-Bishop of Canterbury.

THomas Gul. Fitz-Steph. p. 1. Col. 1. Becket was the Son of Gilbert sometime Sheriff of London. Ibidem. Tho. Becket E­ducated at Paris. Clerc to the Sheriffs of London. In his Childhood he was taught in his Fathers House, and the City Schools; in his Youth he Studied at Paris. Upon his return he was in part received into the care of the C 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 learnt the Wisdom of this World, by which afterwards he knew well how to transact the Common affairs of the Church of England, and the public business of the Kingdom, or secular Government. Reversus receptus in partem Sollicitudinis Rei­publicae Londinensis, & vicecomitum Clericus & rationalis effectus, jam ibi laudabiliter se habens, didicit prudentiam hujus Lucis. Ib. Col. 2. Qua D postmodum probe noverat, Communia Ecclesiae Anglorum, & publica totius Regni egregie & magnificè tractare negotia.

He Ibidem. How he was brought to the know­ledge of Arch-Bishop Theo­bald. was brought to the knowledge of Theobald Archbishop of Canterbury, by two Brethren of Bologn, Baldwin Archdeacon, and Master Eustachius, oftentimes his Fathers Guests; and of the Retinue and acquaintance of the Arch-Bishop, p. 2. Col 2. By him he was imployed to Rome. who sent him several times to Rome upon business concerning the English Church, where E he was in great favor with the Popes, and great Officers of the Roman Church.

The Ibidem & p. 3. Col. 1. His first Pre­serment. first Preferment he had, was the Church of St. Mary in the Strand (which stood I think where Somerset House is now built) given him by the Bishop of Worcester; then the Church of Otford given him by the Arch-Bishop. Then he was made Prebend of St. Pauls London, He went to Bononia and Auxerre, and studied Law. and also Prebend of Lincoln. By leave of the F Arch-Bishop he passed the Sea, and Studied the Laws one year at Bononia in Italy, and afterwards at Auxerre in France. In process of time the Arch-Bishop ordained him Deacon, and made him Arch-Deacon of Canterbury, who was then after Bishops and Abbats, the first and best Clergy man in England, the Arch-Deaconry being worth to him, one Hundred Pounds of Silver by the Year.

[Page 379]By the Ibidem p. 5. Col. 1. He is made Chancellor His Popularity His Entertein­ment, and the manner of it. mediation and procurement of the Arch-Bishop and the Bishop of Winchester he was made Chancellor, and proved mightily popular. His [2] House and Table was common to all Indigent persons of whatsoever order coming to Court. There was scarce a day passed, but he Eat with Earls and Barons, which he himself invited; he commanded his Ro [...]ms of Entertainment should every A day be strewed with fresh straw or hey, in Winter; and with fresh Rushes, or green grass or leaves in Summer; That the multitude of Knigts or Military men, the Seats could not receive, might sit down upon a clean floor, lest their fine Cloaths, and shirts might be Spotted and Sullied with the Dirt or Dust.

The Ib. Col. 2. & p. 6. Col. 1. The Kings and Noblemens Sons Commit­ted to his Edu­cation. Great men of England, and Neighbour Kingdoms, sent their Sons to serve him, from whom they received ingenuous Edu­cation, B and were often Knighted and sent back to their Parents with honor. The King himself placed his Eldest Son with him, and recom­mended him to his Education, whom with many of the Sons of Noble­men, and their Retinue, their Masters or Tutors, and proper Servants he had alwaies with him, and treated them with all due honor.

To him 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 C 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 Cloathes, Gold or Silver utensils, or money. And his Liberality and bounty was such, that he became the love and delight of all Europe, and was most ac­ceptable to the King, Clergy, Military men, and people, Regi Clero, Militia here signifies Tenents in Ca­pite, Earls Barons Knights and other Military men, as it alwaies doth in old Historians. Militiae, populo, erat acceptissimus. Thus he behaved himself in Peace, let us see what he did in War.

D In the Ib. p. 8. Col 2. His great Re­tinue. Army and Siege of Tholose, when all England, Normandy, Anjou, Britany, Poicton, and Scotland, furnished out Soldiers to the King, The Chancellor had a chosen number of Seven Hundred Knights of his own Family or Forces. See more of this matter in the Reign of this King, f. 302. E.

After Ib. p. 10. Col. 1. & Col. 2. He is made Arch-Bishop of Canterbury. A. D. 1162. The See of London was then void. Gervas. Dor. Col. 1669. n. 20. the Death of Theobald, the King being confident, he would serve and obey him, according to his will and pleasure, as when E he was Chancellor, resolved to preferre him to the Arch-Bishoprick. To which he was unanimously chosen by the Suffragans of his Province, and in the year of our Lord 1162. in the Octaves of Pentecost, on the Feast Day of holy Trinity in the Metropolitan Church, in the presence of all the Suffragan Bishops was presented to the Church of Canterbury, by Henry Son and Heir of King Hen. 2d. and by Richard de Luci and other great men of England, on behalf of the King then beyond Sea, and was ordained by Henry Bishop of Winchester, and Pope F Alexander the 3d. sent him a pall by his Clerc or Chaplain John of Sa­lisbury afterwards Bishop of Chartres in France, and well known by the name of Ivo Carnotensis. Hoveden says, King Henry gave him the Arch-Bishoprick. f. 282. a. n. 20. Anno ab incarnatione Domini 1162. Hen. Rex dedit Tho. Cancellario Archiepiscopatum Cantuariae; That is named him, or gave him a Conge Destire.

[Page 380]After he was consecrated Ib. & p. 11, 12, 13. After his Con­secration he changed his manner of li­ving, and pro­ved Disobedi­ent to the King. Arch-Bishop he became another man, put on a severe and rigid Monks Habit, lived an austere life, and altered, chose, and ordered his family accordingly; and contrary to the Kings hope and expectation, he withdrew himself from the Kings obedience and service, and contradicted him in many things. Ib. p. 14. Col. 1. Post­quam Rex Archiepiscopum fecerat, a suo se retraxit obsequio, & in plu­ribus contradixit. A

Some Ibidem. The Kings mind aliena­ted from the Arch Bishop. Court Clercs and Bishops about the King who fearing the Titles of their Preferments, and the Arch-Bishops power, perswaded him that if it should go on, his power must come to nothing, and unless he provided for the security of himself and Heirs, he should at any time be King, whom the Clergy would choose, and he should Reign as long as the Arch-Bishop pleased. Ib. Col. 2. This saith mine Au­thor was the first cause of the Kings displeasure against him.B

It Ibidem. The Kings dis­pleasure a­gainst him The Militarie men Dissatis­fied at the Arch-Bishops proceeding against the Earl of Clare. heightned the anger of the King, and Militarie men of the Kingdom (or Government) That he designed to recover the Castle of Tonebrigge from the Earl of Clare, and that whole honor long ago aliened from the Church of Canterbury, because according to the De­cretals, it was lawfull for his Predecessors and the Stewards so to ma­nage the farmes of the Church, as to increase them; not to lessen or alienate them. To this Earl of Clare almost all the Nobility of Eng­land C were allied.

The Ibid. p. 15 Col. 1. The Arch-Bi­shop pretends to a right of presentation, to all livings, 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. Arch-Bishop 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 Arch-Bishop Ex­communicated him; he applies himself to the King, who writes to D the Arch-Bishop 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 Arch-Bishop to please the King Absolved him: from henceforward the King had no kindness for him, tho before he had obteined of him libertie to enjoy the whole Dignity of his Church, and that he might seek to recover all the Lands E which had been aliened by his Predecessors, or were possessed by Lay-men.

The Insolence and wicked­ness of Clercs.Long before this the King had been angry with the Clergy, in the time of Arch-Bishop Theobald, having been provoked with the inso­lency of some of them, who had committed Rapin, Theft, and Murder. Ib. Col. 2. Guilty of great Crimes. For this reason the King demanded of the Arch-Bishop, That by the Consent of him and his Coepiscopo­rum. The King would have [...]hem tryed in his secular Court. Fellow-Bishops, such Clercs as were taken F 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.

[Page 381]The Ibidem. The Arch-Bi­shop calls to­gether the Bishops. They were of opinion Clercs were to be Degra­ded, and De­livered to the secular Court. Arch-Bishop when he could not obtein leave to deferre his Answer untill 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.

A

But he Ibidem. The Arch-Bi­shop 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 carefull 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. Ib. Col. 2. & p. 17. Col. 1 The Bishops re­plyed, that if they consented to what the King demanded, the Church B 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 Arch-Bishop persisted in his opinion, and told them they migt not expose any man to death, That could not be present at a sentence of Blood.

The King Ib. Col. 2. not like to prevail in this, asked them, if they would observe his Royal Customes or Laws. The Arch-Bishop answered in C all things. Salvo ta­men per omnia & in omnibus ordine nostro. The Arch-Bi­shop and Bi­shops answer to the King about keeping his Royal Customes. 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 Bishops fearful of the Kings Anger, followed him, and consented to acknowledge his Laws without any Ib▪ p. 18. Col. 1. saving, but the Arch-Bishop was immoveable, and said; far be it from him, That for the fear or favor of any Mortalman, he should be found to contemn God. 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 D make such an absolute acknowledgement, he would curse him.

When the Richard de Lucy was then Justitiary 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 injoyned his Wife penance as an Adulteress without proof, contrary to the Kings Law. The Dean was Convented before the King, the Arch-Bishop, the Bishops of Lincoln and Durham, and John Treasurer of York, who not being able to clear himself, the E Kings Barons were joyned 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 Bishops mercy, whether he should keep his Office or not. Richard de Lucy was then Justitiary 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, F upon extraordinary business, did not prosecute the Appeal.

The The Insolency and Crimes of Clercs. Justices Itinerant being at Dunstable, there happened a Controversie between Simon Fitz-Peter, and Philip de Broc Canon of Bedford. Simon informed the King that Broc in a great audience had spoken dishonorably of him. The King accused him before the Arch-Bishop, and not being able to deny it, excused himself, that it was [Page 382] done in passion. The King demanded judgment 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 Tryal in the Kings Court.There was a Clerc in Worcestershire that had corrupted an honest mans Daughter, and afterwards killed her Father, This man the King would have tryed in his Secular Court, Arch-bishop Thomas would A not permit it, but caused him to be kept in the Prison of the Bishop of the Diocess, lest he should be delivered to the Kings Justices.

Another Clerc Stole a Silver Chalice out of a Church in London called St. Mary's in the Market. Sacriledge. This man the King would have tryed in his Secular Court, The Arch-Bishop caused him to be tryed 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.B

The King resolving to have the Clercs severely punished for these and the like Crimes, 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 See Ap­pend. n. 41. The Arch-bi­shop and Bi­shops do con­sent to, and own the Kings ancient Laws. Customes, Laws, and Ʋsages, which he would have the Bishops own, and recognize as the rights of his Crown. The Bishops C were willing, but the Arch-Bishop would not consent. The King sent to him the Earls of Cornwal 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 Kings Laws which he called Ancient. Fitz-Stephan p. 20. Col. 2. says that the two last Mes­sengers,D 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 Customes King Henry pressed the Bishops to receive, had been received and practised in Normandy, and in all E probability brought from thence into England, as appears by an 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 Arch-Bishop Fitz-Steph p. 20. Col. 2. The Arch-Bi­shop repents he acknow­ledged the Kings Royal Customes. soon repented of this Act, and severely Chasti­zed 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 F Altar; and therefore omitted that service for some Weeks, untill by his Confession and Penance he thought he deserved the Popes Absolu­tion, which he Append. n. 42. obteined without Difficulty.

[Page 383]But considering what danger he was in, Fitz Steph ut supra. And twice at­tempts to make his Es­cape. prepared to leave England, to avoid the Kings 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 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 A whole Province under an Interdict.

The King suspecting he might 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 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 Arch-Bishop, Octava Sancti Michaelis, feria tertia, Concilii dicta die Rex aderat; Ipsa B die venimus Northamtonam.

In this Council the Arch-Bishop Ibid. C. 2. The Contro­versie be­tween the Arch-Bishop and John the Marshal. Who com­plains he could not have right in the Arch-Bi­shops Court. was accused upon the occasion of a Controversie between him and John Marshall (or the Marshall.) This John demanded of the Arch-Bishop a Maner 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 C 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 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.

D John comes to the King, and procures his Writ, by which the Arch-Bishop Fitz-Steph p. 21 Col. 2. and Cites him into the Kings Court. He delays to appear. was required to answer him in the Kings Court, and the day appointed for his appearance was Holy-rood Day, or the four­teenth of September. The Arch-Bishop 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.)

E

The Monk of Canterbury Ʋt 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 lawfull 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 de­teined by great Sickness.

F However it was, The King was very Angry, that 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 Kings Citation, brought into his Court false and frivolous Excuses, and scarce let them go free though they had given security.

[Page 384]At the Ibidem. The Arch-Bi­shop is cited by the Sheriff of Kent, and appe [...]rs in the Kings 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 Arch-Bishop, 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 Custome. Ibid. The Arch-Bishop appeared, and said he was come by the Kings Command for the cause of John. The King replyed that John was in his service A at London, and would be there on the Morrow, and then their cause should be discussed. Ibidem. Erat siquidem Johannes ille cum Thesauriis, & caeteris fiscalibus pecuniae & publici aeris Receptoribus Londoniis ad Scacca­rium &. Ʋbi 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 Kings Crown were handled or holden. That first day there was nothing more done between the King and Arch-Bishop, the King bad him go home, and return to his cause on the Mor­row.B

On the Second 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 lese Majestatis, Coronae Regiae arguitur. The Arch-Bishop was accused of Treason, because as is said before, he was cited by the King in C the cause of John, and neither came, nor made a sufficient Excuse. The Arch-Bishops defence signifyed nothing; yet he Alledged the fore­said Injury of John, the proper Jurisdiction of the Cause, and the Integrity of his Court.

The King Ibidem. The King de­mands Judg­ment. Demanded judgment; no Reason of the Arch-Bishop was approved: It seemed to all, out of Reverence to Royal Majesty, and the Bond of Liege Homage, that the Arch-Bishop made to the King, and D from the Fidelity and Observance of Terrene Honor, 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 alledged 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 Kings Mercy for all his Moveable Goods.

There was a Difference Ib. & p. 23. Col. 1. Difference be­tween the Bishops and temporal Barons in pronouncing Judgment. between the Bishops and Barons, who E should pronounce Judgment, 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 Lay-men, you Ecclesiastical per­sons. So he, you are his fellow-Priests, and Fellow-Bishops.

To these things Ibidem. one of the Bishops Answered, yea its rather your Office then ours; for this is not an Ecclesiastic Sentence, but a F 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 Arch-Bishop and Lord.

[Page 385]The King Ibidem. The Bishop of Winchester pronounced sentence. hearing of this controversie 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. A The Arch-Bishop, because no man might contradict a sentence, or Record made in the King of Englands Court, by advice of the Bishops, submitted to it, and by a forced compliance, for the honor and miti­gation of the King, solemnly put himself under his power, as it were Granting and acknowledging the Judgement, as the Custome was.

Afterwards on the same day he was prosecuted Ibid. & Col. 2. The Arch-Bishop prose­cuted for 300 l. for three hundred B pounds he had received, as he was Castellan, or Constable of the Castles of Eye in Suffolk, and Berkamstead in Hertfordshire. The Arch-Bishop 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 Judgment. The Arch-Bishop ready to please the King, and not willing such a summe of Money should be the Cause of Anger be­tween C them; gave security by three Lay-men, distinctly and severally, the Earl of Glocester, William de Eynesford, and another, all his Te­nants.

On the third day 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 Kings 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 Kings security, he was also prose­cuted for all the profits of the Arch-Bishoprick and other Bishopricks and D Abbeys that were voyd during his Chancellorship: of all which he was commanded to make an Account to the King. The Arch-Bishop 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 E the Kings mind by these proceedings.

On the fourth day 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 trie the King that way, 2000 Marks were offered but refused. Others encouraged him to maintein bravely the Liberties of the Church, but most perswaded a Compliance with the King.

F

'Tis 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 Arch-Bishop 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 [Page 386] 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 Judgment of his Court. and stand to the Judgment of his Court in that matter. The Arch-Bishop answered by the Bishops, That if he was not hindred by Sick­ness, he would on the Morrow come to the Court, and do what he ought.

A

He came Ib. & p. 26. Col. 1.2. p. 27. Col. 1.2. He comes to Court, and sits in an out­ward Room, while the other Bishops Earls and Ba­rons are ad­mitted to the Kings pre­sence. next day, and found the King in an inward Chamber with the Bishops, who staid with him a long time, and with them Roger Arch-Bishop of York, who came last, that he might not be sus­pected to be one of the Kings private Counsellors, and Advisers. The Arch-Bishop 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.

B

The Ib. p. 27. Col. 2. p. 28. Col. 1.2. The Bishops tell the King, he disliked the Judgment and had Ap­pealed to the Pope. Bishops in this Conference told the King, that the Arch-Bishop when he advised with them, told them, they had used him very ill, and with the Barons treated him as an Enemie, 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 Defalt, 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 moveable goods to the King, or they should be in his C 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 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 Leige-man, and bound to him by a Common and special Oath at Clarendon, That he D 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 Iudiciis, preterquam Iudicio Sanguinis.

They Ibid. He is required to give pleges to stand to the order of the Kings Court. were also to know of him whether he would give Pleges to stand to the Judgment of the Kings Court concerning the Account of his Chancellorship.E

To which 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 Chiefly Sacerdotal; That in Respect of God, he was in all Due Obedience and Subjection, obliged to observe honor and Fidelity to­ward him. Saving his Obedience to God, his Ecclesiastical Dig­nity, and the Episcopal Honor of his person. That he Declined the Suit, because he was not cited to yeild an Account upon any other F Cause, than that of John; neither was he bound to make Answer, or hear Judgment 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. 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 [Page 387] 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 forbad them, That depending the Appeal, they should not Judge him in a Se­cular accusation, or cause of things done, before he was Arch-Bishop. 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 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, B that together with the Barons, They would Dictate to him a Sentence concerning the Arch-Bishop, Ʋt simul cum Baronibus de Archiepis­copo sibi dictent Sententiam. They began to excuse themselves by rea­son of his Prohibition; the King was not satisfyed, 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 Kings perswasion C they went to the Arch-Bishop.

And the Bishop of Chichester 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 shewed them those very Royal Customs of which he spake 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 D 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 forbid us to be present at that Sentence, which he Commands us? Upon this Grievance, and lest you may adde any thing to our injury, we will Appeal to the Pope, and for this time give obedience to your Prohibition.

The Arch-Bishop Answered him he would be present at the Pro­secution E of the Appeal 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 honor 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 F observed. Also a Christian King hath no Dignity, by the use where­of the Liberty of the Church, which he hath Sworn to maintein, 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 shewn 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 [Page 388] 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 Enemie, who Endeavours, that he which stands may fall, and that he which hath faln, may not Rise. If we promised any injust things there, or confirmed them in the Word of Truth, you Know, such unlawfull stipulations do not oblige.

The B [...]shops Ib. & p. 32. Col 1. The King Ex­cusi [...]g the Bi­shops, exacts Judgment from the Earls and Barons agai [...]st the Arch-Bishop. Certain She­riffs and Ba­rons of a Se­cond Rank were added to them. return to the King in Peace, being Excused from A Judging the Arch-Bishop; they sit apart from the Barons; Neverthe­less, The King Exacts Judgment of the Earls and Barons, Con­cerning him. Evocantur quidam Vicecomites, & Secundae Dignitatis Barones, antiqui Di [...]rum, ut addantureis, & assint Judicio. Certain Sheriffs are called, and ancient Barons of a Second Rank or Dignity, to be added to them, and to sit in Judgment, after a little while, Proceres ad Archiepiscopum redeunt. The Noble men return to the Arch-Bishop, and the Earl of Leicester pressing some of them to B 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 Arch-Bishop hear his Sentence.

But the Arch-Bishop Ib. & Col. 2. [...] 1▪ He refuseth to hear their Judgment. And went to the Monastery of St. Andrew. not willing to forbear any longer, said,C 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. Judgment is Sentence given after the Controversie or Tryal. I said nothing this day as to the Cause. I have been Cited for no Cause Except that of John, who Tryed 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 Judgment. The Noblemen retired, and the Arch-Bishop went his way to the Monastery D of St. Andrews in Northampton, and Herbert and William Fitz-Stephan with him.

The King hearing 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 E in the morning; but he fearing some ill from that Delay, dare not stay.

This was the Seventh day of his appearing in Court, Ib. Col. 2. & p. 34. Col. 1. The King and Council Con­sult what to do after the Arch-Bishops departure. The Arch-Bi­shop 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 needfull to be done, and the Arch-Bishop was permitted to F enjoy all the revenues of the Church of Canturbury, because both sides had appealed. The King sent presently beyond Sea to the Pope, the Arch-Bishop 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 Raysing some foot to be sent against [Page 389] Rese King of Wales, and there was a certain number promised by eve­ry Ecclesiastic, and lay person, for the Kings assistance which was written down; and so the Council was Dissolved.

The Ibidem The Arch-Bishop lands at Graveling. King sent after him to Dover and other Ports, but he lay still in the Day time amongst his friends in several Monasteries, and trav [...]lled in the night, and it was from fifteen days after the Feast of A St. Michael, untill the Second of November before he took Ship at Sandwich (say most of the Historians) and Landed at Graveling.

Quadrilogus of the Quadripartite History doth not in all things agree with this Relation of Thomas the Arch-Bishops Tryal. And the Reasons of the Discord between the King and him. The chief where­of was; Lib. 1. c. 22. The chief cause of the Difference be­tween the King and Arch-Bishop. That several Lewd irregular Clercs were accused of divers Crimes, and one of Murther in the Diocess of Salisbury, who was ta­ken B and Delivered to the Bishop thereof, the Kings Officers, and the Kinred 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 fayled. The Bishop of the Diocess, sent to the Arch-Bishop 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 pen­nance in a Monasterie. And thus all Debauched, Infamous Clercs, by Decree of the Arch-Bishop, confirmed by the Sanction of Canons were C 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 Ibid. The King as zealous for the peace of his people, as the Arch-Bishop for the Liber­ty of the Cler­gy. same time one Philip de Lydrois a Can [...]n (of what Church tis not said) Reproached the Kings Justiciarie, for which he was not only Exasperated against him, but the whole Clergie. The Arch-Bishop punished this Clerc, by causing him to be whipped with D rods, and he was suspended from his Benefice for some years. But this satisfyed not the King, who was as Zealous for the Peace of his People, as the Arch-Bishop was for the Liberty of the Clergy, who grew every day more Dissolute all the Kingdom over. For which Cause, the King calls the Arch-Bishop, Bishops and Clergy to London.

And Ibid. c. 23. He urgeth the Bishops that Clercs might be tryed by the Secular Law for Enor­mous Crimes. having told them the Cause of their being called together, E 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 Kings favour did affirm, That they were not to be sent into Exile, or Thrust into a Monasterie, by the Canon Law, but rather were to be Delivered to the Court, That is, they were to be punished by F Secular Judgment.

The Ibid. The Arch-Bi­shop neither could or would bear it. Arch-Bishop 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 antient Fathers. And in the End of [Page 390] 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, &c. 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 Antient Fathers, a new way of Coertion into his own Kingdom, and this he begged for the Kings Sake, and the Quiet and Stability of his Kingdom, often humbly inculcating, that he neither Could or would bear it.

A

But the 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 Arch-Bi­shop and Bi­shops answer they would observe them, saving their Order. The King an­gry at their Answer. Laws and Customes, adding that in his Grandfathers time they were observed by the Arch-Bishops, Bishops, Chief men, and priviledged persons, and That now they ought not to be set aside. The Arch-Bishop 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,B he would observe the Kings Customes or Laws, (Bona fide) in good faith; The King was Angry at the Answer, and Reservation of the Arch-Bishop and other Bishops and departed from them.

Most of the Ibid. c. 25. The Bishops desert the Arch-Bishop Bishops Desert the Arch-Bishop, and he a long time persists in his Denyal, notwithstanding all the exhortations of them, and perswasions of the Secular great men; yet at length he came to the King at Oxford, and promised to change those words, (salvo ordine C suo) saving his Order, which gave him so much Trouble.

Hereupon the King Ibidem. C. 26. The Council at Clarendon. called the Bishops and great men to Claren­don, where he Exacted the promises of the Arch-Bishop and Bishops, and by the perswasion 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,D and in the word of Truth,The Arch-Bi­shop and Bi­shops promise Bona fide, and in verbo veri­tatis to ob­serve the Kings Royal Laws. to observe the Kings Laws, leaving out the words, salvo ordine suo, and all the Bishops did the like, and then those Royal Customes were drawn up in form, and caused to be written by the great men, and Recognized by them.

In this Council Ib. c. 27.28. The King re­quires the Bi­shops to put their Seals to their acknow­ledgement. The Arch Bi­shop repents and refuseth, and indea­vours to Es­cape. the King requires the Arch-Bishop and Bishops to confirm their acknowledgment of his Laws, by putting thereunto their Seals: The Arch-Bishop repents him of his promise, and refuseth to do E 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] attempt much heightned the Kings 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 Ʋniversi & Proceres, Ex Edicto Regio Districtissimè Convocantur. The Bishops and great men judg [...] all his Moveables to be Confiscated. called together all the Bishops and great men F of the Kingdom to meet at Northampton, where the Arch-Bishop appeared not in person, according to his Citation, though he sent his answer and excuse; for which cause, by the Judgment of all those Bishops and great men, all his movables were confiscated. This he [Page 391] said was a new form of Judgment, according to the new Canons, or Laws made at Clarendon, for it was never heard of before, That the Arch-Bishop of Canturbury should be tryed in the Kings 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 Judgment, or the Lay persons A Judging of him, &c. 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 Ibidem. C. 31. 500 l. charged upon the Arch-Bishop. Security gi­ven for it. Second day of this Council required five hun­dred pounds of the Arch-Bishop, which he said he had borrowed of him: The Arch-Bishop affirmed the King gave him the money, which not­withstanding, B when he could not prove it, was adjudged against him, and the King Exacted Caution, and the Arch-Bishop 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 C. 34. last day of the Council before he Entred into the Court, C the Bishops came to him astonished, and affrighted at the things they had heard, whence Ʋndenonaper­to propter En­ormitatem, sed sub quadam in­sin [...]ationis spe­cie artificiose ei suadebans, ut ipse &c. The Bishops perswade him to Comply­ance. they did not openly for any Enormity, but as it were by way of insinuation artificially perswade him. That he should in all things, even to what belonged to the Arch-Bishoprick submit himself to the Kings 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 Traytor, because he had not observed his Oath of Fealty or Fidelity he had Sworn to the King, by which he D was bound to maintein his Terrene honor; nor had observed the Kings Customes or Laws, to which he had specially bound himself by a new Oath. He was not much dismaid, 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 forbad them all, by virtue of holy Obedience, and under peril of their Order, That they for the future E 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 hastned to the Court except two, London, and Win­chester, who privately staid behind and Comforted him.

After this he went into the Kings Chamber Ib. C. 35. He goes into the Kings Chamber with his Cross Erected. Carrying the Cross himself Erected, expecting the Kings Coming: The Bishops Disswaded F this, as an undecent posture, and would not, That he should have pro­ceded after this manner. Ib. Col. 36. The King took notice of it, and by Out-Crie 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 Arch-Bishop had in Reproach of himself, and the Kingdom or Government, so Entred the Court as a notable Traytor, and so insolently, as no Christian Prince, had ever seen or heard of the like [Page 392] behaviour. All were of the Kings opinion, Declaring him always a vain and proud man, and that such Ignominie 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 Traytor. who had made such a man, the second person in the Kingdom; To whom all were subject and none his aequal. Therefore they all Declared him a manifest Traytor, and to be punished accordingly, who had not according to his Oath observed Terrene honor toward his Prince, from whom he had received so many and so great ad­vantages, A 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 Tray­tor. (they are the Au­thors words) and therefore he ought to be punished as the Kings per­jured man, and Traytor, and this was the voice of them all, & prop­terea in eum tanquam in Regis perjurum, & proditorem animadverten­dum, & super hoc Clamor omnium invalescebat.

B

The Ibidem. C. 37. The Bishops obtein leave of the King to Consult apart. Bishops by leave from the King Consulted apart, for they were either to incurre his indignation, or with the great men in a Cri­minal Cause, to Condemn their Arch-Bishop, which for the manifest violation of holy Sanctions or Canons, they dare not do. At length the matter was thus patch't up by Common Council or Contrivance of the Bishops; That they woul Appeal the Arch-Bishop of perjury in the Court of Rome, and bound themselves to the King in the word of Truth, C That they would use their utmost Endeavour to Depose him. Having thus obliged themselves to the King,They promise to indeavour to oppose him they all went from him to the Arch-Bishop, and Hilary Bishop of Chichester in the name of the rest, told him, Ibid. That he had been their Arch-Bishop, 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 Customes, especi­ally such as belonged to his Terrene Dignity and honor, therefore they declared him Guilty of perjury, and That for the future they were not D to obey a perjured Arch-Bishop. They App [...]al to the Pope. And therefore put themselves, and what was theirs under the Popes protection, and Appealed to his pre­sence, and appointed him a day to answer these matters.

The King Ibidem. C. 38. and Chief men, (without the Bishops) sitting in Judgment, Rege cum principibus (pontificibus substractis) sendente pro Tribunali, It was most certainly believed, The Arch-Bishop would have been imprisoned, or somewhat worse have been done to him; for the E King and all the great men that were present, judged him perjured and a Traytor. The King and great men judge him perjured and a Traytor. 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 Arch-Bishop, 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 F 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 [Page 393] sentence of the King, your self, and others, as being to be judged under God alone, by the Pope. Vnde Regis et tuum et aliorum Iu­dicium 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 A unto them, under Gods protection and his. Nevertheless you my Brethren and fellow-Bishops, because you obey Man rather then 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 Hoved. f. 284. a. n. 10.20. A. D. 1165. before he could reach the King of France, Gilbert Foliot B Bishop of London, and William Earl of Arundel had been with him, [...]o prohibit him from receiving the Arch-Bishop 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 favor. But by how much the more the King of Englands Messengers laboured that the Arch-Bishop might be expelled France, by so much the more the King of France cherished his cause, and besides sent Francis his C Almoner to Pope Alexander then in France, Mandans ei ut sicut hono­rem. Requesting or Requi­ring him, That as he loved the Honor of the Roman Church, and the Advantage of the Kingdom of France, so in all things he should maintain Thomas Arch-Bishop 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 ibid. & n. 30.40. He sends also to the Pope to no purpose. King Henry sent to the Pope, Roger Arch-Bishop of York, Henry Bishop of Winchester, Gilbert Bishop E 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 spake ma­ny Evil, and false things against the Arch-Bishop, but the Pope believed them not,His messen­gers R [...]quest­ed him to send two Le­gats to hear and deter­mine the cause. Knowing they delivered false Testimony against him. They seeing they could not prevail, Requested him to send two Legats into England, to hear the Controversie between the King and D Arch-Bishop, and to determine it, according to the Honor of God, and of Holy Church and the Kingdom.

[Page 394]But the Pope Hoved. 1.284. a. n. 30.40. The Pope would neither send Cardinal nor Legats lest they should be corrupted. would send neither Cardinal nor Legats, Know­ing the King of England to be mighty in Word and Deed, and that the Legats might easily be corrupted, as men loving Gold and Silver rather then Justice and Aequity; and therefore the Kings Envoyes retired from the Popes Court, and within four days, the Arch-Bishop came thi­ther, and throwing himself at the Popes Feet, delivered him a See Ap­pend. n. 41. The Pope damns the Kings Laws. Transcript of the Laws, which the King called Ancient. Which when A 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 See Ap­pend. n. 44. The King puts forth a severe Edict. execrable Edict (so Hoveden) against the Pope and Arch-Bishop; the Con­tents whereof were these.

If Hoved. f. 284. b. lin. 4. any one shall be found bringing Letters, or Mandates of B the Pope or Arch-Bishop, 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 Traytor 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 Pass-port from the Justices for his Going out, and the Kings Letters for his re­turn, C 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 Arch-Bishop; whoever doth, let him be taken and deteined. Also generally it was forbidden that no man should Appeal to the Pope, or Arch-Bishop, 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 deteined, or imprisoned.D

Also the Bishops, Abbats, Priests, Monks, Clercs, or Lay-men, that shall comply with or submit to the Sentence of an Interdict, They and their Kinred, shall forthwith be cast out of the Nation, and shall carry nothing with them: Their goods and possessions shall be taken into the Kings Hand.

Also all Clercs That have Rents and Estates in England, shall be E summoned, that they Return to them within three moneths, and if they do not, their Goods and Possessions shall be seized to the Kings use.

Also That the Bishops of London and Norwich should be summoned before the Kings 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 Peter-Pence should be gathered, and safely kept.F

After this, in a Discourse in the Council which the King held at Chinon in Tourain, (as f. 284. b. n. 30. Hoveden seems to have it) or in an Epistle to him, as the Quadripartite lib. 5. History hath it, He tells the King That the Church of God consisted of two orders, Clergy and Laity. Hoved. f. 285. a. n. 10. The Church consists of two Orders, Clergy and Laity. Ecclesia Dei in duobus constat ordinibus, in Clero & [Page 395] 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, &c. 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, Duces, & Comites, &c. And because it was cer­tain A that Kings receive their power from the Church, Kings receive their power from the Church, ac­cording to the Arch-Bi­shops Do­ctrine. The state of the Contro­versy be­tween the King and Arch-Bishop 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 Iuramenti) and many other things which were written after this manner amongst his Customes, which he cal­led B ancient. Then after a Ibidem n. 20. Citation of Scripture out of the Prophets, Woe to those that make unjust laws, and writing, write inju­stice, That do oppress the Poor in Judgment, and do wrong to the cause of the humble of the people of God, he goes on.

‘ [...]Let my 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 C'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 Quibuscun (que) secundum Deum potuerint, vos Exaudierint. Do not therefore my Lord, if you de­sire the Health of your Soul, any ways substract from that Church, what is its own, or oppose it any thing contrary to Justice; Yea, let D 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 E your pleasure, and all things taken away from Ʋs, 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 Honor of God, and the Roman Church, and our Order, 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 F 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 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 [Page 396] 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, &c. He castates and nulls the Kings 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 Iohn of Oxford, afterward Dean of Salisbury and Bishop of Norwich, for Joyning with Reginald Arch-Bishop of Colon and the A Germans, for Victor alias Octavian against Alexander, and for usurp­ing the Deanry of Salisbury against the Popes and his Command, and declared his Title to it null and void.

He also Ibidem. He Excommu­nicates by name many others, for several mat­ters. let them Know he had Excommunicated Richard Ivecestre or Ilcester for joyning with Arch-Bishop Reginald and the Germans, as was said before, and That he had Excommunicated Richard de Luci, and Iocelin de Bailol because they drew up and put B into form the Royal Customes 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 Deteining the Goods of the Church of Canturbury, and for taking and imprisoning his Men or Tenents, 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.C

He further, Ibidem. He tells his suffragans he yet deferred to pronounce Sentence a­gainst the Kings person, but was ready to do it. signifies to them, That as yet he had deferred to pronounce Sentence against the Kings 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, injoyning the Bishop of London, to send and shew this Epistle to all his Brethren and fellow-Bishops of his Province. D

After these proceedings of the Arch-Bishop A severe Edict to watch the Ports, and a­gainst such as brought any thing from the Pope, &c. 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 depart the Nation, he should carry nothing E with him but his Staffe. He willed also that all Scholars should re­turn into England, or they should be deprived of their Benefices, and such as staid should never return. The Priests that would not chant, or sing Masse, he ordered to be Gelt, and all such as were Rebels to him, were to lose their Fees or livelyhoods.

He also sent his Append. n. 47. The King Commands the Sheriffs to imprison all such as Ap­pealed to the Pope, &c. and to seize the Rents and Possessions of the Arch-Bishop. Writs to all the Sheriffs in England, That they should imprison all such as Appealed to Rome, until his Pleasure F was Known, That they should seize all the Rents and Possessions of the Arch-Bishop, as Ralph de Brocke 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 Arch-Bishop, and also that their goods should be forth-coming, until his pleasure was Known.

[Page 397]When he 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 Arch-Bishop, and spared not the Children sucking their Mothers Breasts, and he had not been two years in the Abby of Pontigny, (in the confines of Champaign and Burgundy) with Warin and his Monks A to whom Pope Alexander had recommended him; Ib. N. 20. And forced him to leave the Monastery of Pontigny But King Henry sent to the Abbat, That if he sheltered any longer the Arch-Bishop of Canturbury in his Monastery, he would Banish all the Monks of his They were Cistertians. From whence he goes to the Abby of St. Columb. Order out of England. The Arch-Bishop 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 Abby of St. Columb near the City of Sens.

B

Pope Alexander writes to Hoveden ut supra, n. 30. &c. 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 favor of the Cause of Thomas the Arch-Bishop, 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 C 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.

D He also wrote to Append. N. 48. Gilbert Bishop of London to perswade the King to be kind to the Church, and Receive the Arch-Bishop into favour. The Bishop of Ibidem. N. 49. He writes also to the Bishop of London to incline the Kings affection to Thomas and the Church. The Kings 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 E shew him his Paternal grace and favour, The King would Love him as his Father, and honor 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 straights, his Holiness failed him, and to every Petition gave him a Repulse. He said he will hinder no man from F 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 tryed whether he could obtein 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 honor, he would amend it, by advice of the Church of his own Kingdom. He [Page 398] asserts he never Expelled the Arch-Bishop 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 shew himself grieved by him, or any of his, he is ready to make Satisfaction according to the Judg­ment of the whole Church.

A

These they say were the Ibidem. Kings Answers, and beseech his subli­mity to consider what Issue this Affair is like to have, when as the King seems much to justifie himself, in that he submits in all things to the Counsel and judgment of the Church of his Kingdom. And the Arch-Bishop may Return upon the Condition before Expressed: And do sup­plicate his Excellentiae vestrae suppli­candum aesti­mavimus. Excellency, to act Mildly, and not to pronounce senten [...]e of Interdict or Excommunication against him, lest he should force the King, and with him much people, and innumerable Churches from his B Obedience.

The Arch-Bishops Suffragans, or the Bishops of his Province Append. N. 50. The Bishops of the Pro­vince of Can­turbury write to the Arch-Bishop 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 it self, 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 C 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 Burthen of Poverty which he had voluntarily undertaken, and had withdrawn and sequestered himself, out of Devotion to humble him­self, and to obtein or improve his Spiritual Welfare, and rejoyced to hear he was so studious of Peace. But then to their great Grief, they heard he Threatned the King with an Interdict, and to cut him off from the Church; They press upon him the inconveniences of such proceedings, D 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 Arch-Bishop, in hopes he might Reign happily, and injoy 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 E due and Exhibited to Kings before him, should be allowed and Exhi­bited to him. About which if there were any Controversie 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 shew themselves grieved or injured, he would in all things submit him­self to the Judgment of the Church of his Kingdom, and That in very Deed he was then ready to perform it, and give satisfaction for the F 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 [Page 399] Judgment (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 A Pope in Writing, and Designed Ann. Dom. 1167. Ascension Day for the time of Ap­peal.

Such another Append. N. 51. They write to the same ef­fect to the Pope. They tell him there was no need of an inter­dict, &c. They fix the Ground and cause of the Controversie, 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 B Cause of the Controversie the Extravagancies and Excesses of certain insolent Clercs, and the maner and place of punishing their grievous Crimes and Enormities: They Blame Thomas for Threatning to Ex­communicate and Interdict the Nation, and say, it was neither like the Devotion or Patience of a Father, or Arch-Bishop. They acquaint the Pope he had Excommunicated some of the Kings 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 C Citation, without making any Defence, and as they said, without Guilt, 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.

D

An Abstract of the Rescript or Answer of the Arch-Bishop to his Suffragans Epistle here follows. The Rescript it self is to be found in the Ap­pendix. N. 56.

E

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 conteining 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, F and Canturbury, was the Cause of his Appeal, and that, the Cause of his Recess. He accuseth the Bishop of London, Arch-Bishop 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 [Page 400] 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 Iohn 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 cites 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 A to the King, to smite him with excommunication. As to what they say, that he was made Arch-Bishop against the Opinion and good liking of the Kingdom. He appeals to the form and manner of his Election, and indeavours 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 B 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 peoples 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 dye with him. The Epistle or Rescript is very long, and what his Potency and skill was in Arguing or Defending, the knowing C Reader may Examin at his Leisure.

A while after he Excommunicated the Append. N. 52. A. D. 1168. The Arch-Bi­shop Excommunicates the Bishop of London, and commands the Dean and Chapter and Clergy of his Diocess to avoid it. Bishop of London because he abused his patience, grew more obdurate, and would neither hear the Pope nor himself, untill he gave just satisfaction, and Commanded him by virtue of his Obedience, the Danger of his Salvation, Dignity and Order, that he should abstein from the Company of all faithfull people, D 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 Ibidem N. 53. And the com­pany of others which he had Excommuni­cated. Dean, Arch-Deacon and Clergy of the Diocess 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.E 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 Arch-Deacon 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 Kings Mandate, or their own Rashness, seized the Goods of F him or his Clercs, And those by whose assistance or advice the Kings mind was set against the Liberty of the Church, and by whose instigation he proscribed and wasted the innocent, and such as hindred the Popes Com­missioners and his, from persuing 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.

[Page 401]He gave Robert 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 publickly Excommunicated Gilbert (or as 'tis here in this place) Geofry Arch-Deacon of Canturbury, Robert his Vicar, (or Official) Richard de 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 A the Canons, or had usurped them by their own Authority. Those like­wise which hindred the Popes, and his own Agents from prosecuting the Affairs of the Church. And Commanded him by the Popes Au­thority, and his own, That they might be Declared excommunicate in his Diocess, and so bids him farewel, and commend him, and the Cause of God which was in his hands, to the Prayers of the Saints.

B About this time, or not long after,A. D. 1169. on Twelfe Day the Kings of 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 Britans which took Arms with the King of France, against the King of Eng­land were received into favor.

Not long after by the Perswasion of friends Ibidem. Col. 1405. N. 10. The King and Arch-Bishop are brought together. the King and Arch-Bishop were brought together, in the presence of the King of France, C and the Arch-Bishop offered, to Commit the Controversie between them to the King himself, Saving the honor 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 honor of God, by which means, and under that pretence he would Dis­possesse him of all his rights. But that he might not in any wise seem D to intrench upon the honor of God, 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 Kings 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 E 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.

Ibidem, Col. 1406. lin. 3. & n. 10.20. Approved by the King of France. On every side it was said, the King yeilded sufficiently. And the King of France being moved against the Arch-bishop, asked him, whe­ther he would be greater than Saints, or better than Peter. Thomas F said he would willingly receive his Church in the same Liberty his An­tecessors had it, but the Customes 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 honor; he re­plyed our Fathers suffered because they would not Conceal the Name of Christ. And should he for the favor of Man suppresse the Honor of God?

[Page 402]All the Ibid. The great men of Eng­land and France against him. great men of both Kingdoms rose up against him, saying his Arrogancy was the hinderance 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. Ibid. N. 30 40. The King of France his A [...] ­tifice, Jugli [...]g, and Hypoc [...] ­sie. But it was not long before he sent A 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 Arch-Bishop, saying, truly thou alone seest, and doubling those words with a Sigh, verily thou alone seest, we were all blind, Ibid. N. 50 60. who gave the Counsel against God, That for the favour of man, thou shouldest keep silent concerning the honor of God. I Repent father, Pardon me I beseech you, and absolve me from this fault; from this hour I offer you my self and my Kingdom. He raised the B King and absolved him.

Within a few dayes it was Ibid. & Col. 1407. lin. 1. The Design of the King of France his hy­pocrisie. told the King of France that the King of England, had broken all the Covenants he had made with the Poicto­vins and Britans in the Treaty at Mount-Mirall by his Mediation; whereupon he magnifyed Thomas for what he had told him concerning the King of England, who sent to him Ib. N. 10. to let him Know that he much wondred he should keep the Arch-Bishop in his Country, who C had so Contumaciously refused the Peace offered unto him. The King of France bad his Envoyes tell their Master, That seeing he stood so much upon Customes which he called ancient, he would not abate any thing of the ancient liberty of the Kings of France, which was to Re­lieve all Banished persons, Especially Ecclesiastics.—Now was the time of the Arch-Bishops thundering out his Excommunications, and urging the Pope to interdict the Kingdom.

D

The Kings of Ibid. Col. 1408. N. 10. The King of France Medi­ates Peace. England and France met again, at the Mont of Martyrs, (apud Montem Martyrum) and amongst other things Dis­coursed of restoring the Arch-Bishop. King Henry granted the Arch-Bishop should return in peace and with security and injoy his Bishopric with the same liberty, it could be made appear any of his Predecessors injoyed it, and promised to give 1000 marks toward the expences of his Return. He Demanded 30000, and said, unless he restored what he had taken away, his sin could not be remitted; Ib. N. 20, 30, 40. All things were agreed. But the King of France E and the great men of both Kingdoms, perswaded him to Quit his De­mands. When all things were agreed, The Arch-Bishop by the Popes Command required Caution for the Confirmation of the Peace; when every one said a Caution was not to be Exacted, and that the Kiss of Peace, The King of England ex­cuseth his not giving the Kisse of Peace to the Arch-Bishop. (osculum pacis) sufficed, which was intimated by [...] King of France to the King of England; he said, he would willingly do it, because in his anger he had publicly sworn he would never Kiss the Arch-Bishop, although he should make Peace with him, and receive him F into favor. And yet notwithstanding that, he would not retein any Rancor or Malice against him.

[Page 403]The King of Ibidem. He would not accept the Peace with­out the Kiss. France and other Mediators suspecting Poyson in the fair words of the King, reported them as they were to the Arch-Bishop, neither persuading one thing or other. The Arch-Bishop would not accept the Peace, without the Kisse, and so all parties went their several ways, without finishing of the Peace; and the King of France sent his Letters and Messengers with those of Thomas to the Pope, beseeching he would make no longer delay in the Sentence against A him. Ibidem, n. 50, 60. The King of France and Arch-Bishop of Sens, excite the Pope a­gainst King Henry. And the Bishop of Sens went in person to prevail with the Pope, to Interdict England, unless Peace was restored to the Church. Whereof King Henry having notice, sent into England a se­vere Edict or Precept Append. n. 54. against bringing into it any Letters or Mandates from the Pope or Arch-Bishop, relating to an Interdict, making all, both old and young, swear to the Chron. Gervas. ut su­pra, n. 60. observation of every Article.

B On the Ibidem. Col. 1410. l. 5. A. D. 1170. These old Monks began the year at Christmass. third of March, A. D. 1170. King Henry landed in England: The Pope hearing of his Passage thither, lost the Church might any longer suffer wrong, he renewed his Mandate Ibidem, n. 10. The Pope sends the Arch-Bishop of Rouen, and Bishop of Ne­vers into Eng­land, That if the King sub­mitted not, to Interdict his Nation. to the Arch-Bishop of Rouen, and Lord-Bishop of [...]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 5th. Book of Quadrilogus, and in the Appendix, n. 57. By it they were in­joyned, by virtue of their Obedience, within Twenty days after, the C receit thereof to hasten to the King.

And if he would not make full Restitution of his Possessions to the Arch-Bishop, and others, and also Kiss him, or if he used any Art or Shuffling, then they were by St. Peters Authority and his, to pro­nounce the Sentence of Interdict, without contradiction of Appeal against England, and they were to prohibit the celebration of all Di­vine Offices, except the Baptisme of Infants, and Pennance to dying D 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 10th of May.

About the middle of Ibidem, Col. 1411. n. 60. By Letters they acquaint the King with the Popes Command. He stays them beyond Sea, and promiseth to come over to them and make peace. June being ready for their Journey, the King received Letters from them, in which they acquaint him with the command they had from the Pope, he wrote back to them, not E to expose themselves to the danger of the Sea, promising he would suddenly be with them, and consent to a Peace with the Arch-Bishop by their Advice.

Hoveden 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 F Request him to send one or two Legats to hear the Cause between him and the Arch-Bishop, and to determin it to the honor of God and Holy Church, and that in the mean time, such as were Excom­municated might be Absolved.

The Append. n. [...]5. The Popes Answer to him. Pope wrote back to him. That he had Received his Messengers Iohn Cumin and Ralph de Tamworth, and promiseth [Page 404] he would send Legats with full Power to hear and determin the Cause, and declared, That if in the mean time the Arch-Bishop should de­nounce any Sentence against him, In which he makes him kind promi­ses, That were to be kept secret. or his Kingdom, or any persons there­of, it should be void, and then desired him to make these Letters a great secret, and not to shew or let any one Know of them, but in great necessity, and promiseth that his Legats should absolve his Ser­vants, Courtiers, and Counsellors.

A

The Hoved. f. 295. b. lin. 5. The Legats came. Legats 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 Col. 1407. n. 40.50. Gervase of Canterbury, to whom the King Granted the Arch-Bishop should return, and enjoy his Arch-Bishoprick, saving the Honor 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 B related.

King Henry 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 smelt it out, for on the 2d. of April he wrote to the Arch-Bishop of York, and all the Bishops of England Append. n. 58. The Pope pro­hibits the Arch-Bishop 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 Arch-Bishop of Canturbury, whose right it was to Conse­crate C Kings. Gervas. Hoved. Ben. Abb. ut supra. The day appointed for this Solemnity was the 14th of June, and he was anointed and Crowned by Roger Arch-Bishop of York, Hugh Bishop of Durham, Walter of Rochester, Gilbert of London, and Iocelin 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 Popes prohibition.

D

The King 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. Mary 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. E

In 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 Arch-Bishop 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 Arch-Bishop of York, and Bishop of Durham from their Episcopal Offices; and wrote to the last two 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 F of the Churches 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 sollicited to confirm his Prevari­cations, and Ʋsurpations, 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 Rigor of his perverse [Page 405] 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 Arch-Bishop of York, without any Caution or Reservation of the Rights of the Church of Canturbury, And to avoid Damnation suspends the Arch-Bishop of York and Bishop of Durham. in performing of that So­lemnity, and at last, least he should be involved with them at the day of Judgment, in the Sentence of Damnation, he suspends both the Arch-Bishop of York, and Bishop of Durham from the Exercise of A their Episcopal Functions.

Notwithstanding the late peace made at Vendosme, Hoved. f. 297. b. n. 10. The King of France his Arch-Bishops Bishops, and great Men sollicited the Pope against King Henry. He complys with them. Lewis of France, his Arch-Bishops, Bishops, and great Men of the Kingdom, sollicited 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 Honor of the Apostolic See: Upon which, The Pope granted, that unless he presently made peace with the Arch-Bishop, his Kingdom should be B Anathematized, and put under Interdict: And (says the Historian) it pleased God to change the Kings mind, so that by the mediation, and paternal Exhortation of the Pope, and of the King of France, by the advice of many Bishops, Ibidem n. 20. and supplicating intervention of great Men the King received him into favour, and restored him unto his Church. 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 hearkened to Peace, and C came to Amboise near Tours, on the fourth of the Ides, or twelfth of October: with the Arch-Bishops, Bishops, and great Men of his Land; where he met William Arch-Bishop of Sens, and Theobald Earl of Blois who brought with them Arch-Bishop 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 Arch-Bishop and King. and Bishops of his Land, the King received him into his Grace and Favour, and par­doned D 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. f. 297. b. n. 30. Hoveden agrees with Abbat Bennet, and says it was on the 4th of the Ides, or 12th of October, on a Hill between Tours and Amboise. 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 E on St. Mary Magdalens 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 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 Arch-Bishop had made peace with him according to his own Will: and therefore Commanded him, to let him and all with him have and injoy all things, as they did three moneths before he left England.

F

After his Peace made with the King, he told him Fitz-Steph. p. 47. Col. 2. Thomas com­plains of the Arch-Bishop of York, con­cerning the Coronation of the young King, and pres­seth the old King about it. That amongst all the Evils he susteined under his Anger and indignation, as Banish­ment, spoyling, and Oppression of the Church of Canturbury, &c. there was one thing which he neither ought nor could leave unpunished, And That was the Arch-Bishop of York his Crowning of his Son in the Province of Canturbury, whic he caused him to do, and so spoyled his [Page 406] Church of this Dignity, The King [...]aves it to him to take [...]atisfaction of the Arch-Bi­shop of York, &c. where he by the Ʋnction 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 Arch-Bishop of York, and other Bishops, for the Ibidem. p. 48. Col. 2. injuries done to the Church of Canturbury, and him­self.

A

The Pope thought the Arch-Bishop made not Hast Enough, and therefore 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 Chron. Gervas. Col. 1413. N. 40. The Pope writes to Tho­mas to make hast to his Church, and sends him his Letters of suspension and Excom­munication of the Bishops, which he pro­nounced a­gainst them. Arch-Bishop 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 B suspension and Excommunication against the Bishops, at which the people that came to meet him 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 threatned him with the Kings displeasure; he answered the King ought not to be offended, for it was done by his permission. The Bishops 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 Mur­ther the Arch-Bishop. 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 C 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 Judgment 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 D 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 Kings 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 murther­ed E him in the Cathedral at Canturbury, when he neither would save himself by flight, or have the doors shut against them. Ib. N. 50. Their names were, Reginald Fitz Vrse, William de Traci, Richard Bri­to, and Hugh de Morvill.

Fitz-Stephan says, The Arch-Bishop of York p. 58. Col. 1. The Arch-Bi­shop 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 F such indignation against him, and shew 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 Arch-Bishop, &c.

[Page 407]All men avoyded Hoved. f. 299. a. n. 30. The Four Murtherers obteined Pen­nance from the Pope. They dye at Jerusalem. the Company and Conversation of these Mur­therers; at length they got to Rome, and obteined pennance of the Pope, who sent them to Ierusalem, where according to his injuncti­on, doing Pennance in the Black Hill or Mountain, they Dyed.

Concerning Hoved. f. 299. a. n. 40. The King of France writes to the Pope to Revenge Thomas his Death. the Death of the Arch-Bishop, The King of A France wrote to the Pope to unsheath 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 Arch-Bishop of Sens Ibidem. b n. 10. The Arch-Bi­shop 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 B and urgeth him for the safety of the Church, and the honor of God to confirm and Renew the Sentence of interdict against his Domi­nions.

Likewise Theobald 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 Arch-Bishop 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 C 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 Bloud of the just called to him for vengeance.

D

In the mean while Rotrod 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. Arch-Bishop of Roven, Giles Bishop of Eureux, Roger Bishop of Worcester, Richard Barre, and many other Clercs and Servants of the King went to the Pope, on the behalf of him and his Kingdom. The Arch-Bishop of Roven was very old and infirm, and therefore returned, the others went on, and with great Difficulty obteined of the Pope, That two Cardinals Theodin and Albert should on his behalf come into Normandy to hear the E Cause between the King and the Church of Canturbury concerning the Death of the Arch-Bishop, and Concerning other Ecclesiastic Digni­ties, and to Judge according as God should Direct.

Four only of this Embassy Ibidem N. 20.30, 40, 50. & b. N. 10, 20. The Kings Envoy with great Diffi­culty get to Rome. They stopped at Siena. got through to Rome, Robert Abbat of Valace near Litlebone in Normandy and Arch-Deacon of Salis­bury, Robert Arch-Deacon of Lisieux, Robert Barre, and Master Henry. Richard de Barre went before them, and with much F Trouble and Danger arrived at Rome, where he acted prudently and Diligently in his Masters Cause, though the Pope would not receive him, or others of note see him. They were all stopped at Siena (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) [Page 408] on Palm-Sunday Eve,The Pope would not see the Kings Messengers. The Court of Rome would not indure to hear the King named. They obtein 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 obteined, That the Abbat of Valace, and Robert Arch-Deacon of Lisieux might be heard, as being less suspected; but when they mentioned the Kings 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 A 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 Flemming, 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 B long since demolished) the Bishop of Pavia, the Bishop of Tusculum (all Cardinals) and others,Without Suc­cess. Earnestly solliciting them to know the Popes 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 streight, they plyed the Cardinals, by themselves, and their Servants, indeavouring to Remove them from this Sentence, or at C least to perswade them to deferre it untill the Bishops (that were left behind at Siena) 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 Honor 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 ingaging themselves, be­lieving the whole Business would proceed according to his mind, or ac­cording D to what they knew, ought to be his mind. Certainly Knowing his Ruin was designed by the Court, and mightily fearing the Ʋse and Custome of that Day.

At the same 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, Legats sent by the Pope into Normandy, who mightily troubled and vexed the King, threatning to put him and his Nations under interdict, which was prevented by this Application to E the Pope; yet the King fearing that severity, hastned 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. F

The King being thus farre toward his Reconciliation Ibm. f 302 a. n. 30, 40, 50. The Arch-Bishop 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 obteined Letters of Absolution directed to the Arch-Bishop of Bourges, and Bishop of Nevers, or to whom they should substitue, if they either could not, or would not absolve them their selves.

[Page 409] 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 Arch-Bishop 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, A 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 Arch-Bi­shop of York upon what Terms, resto­red to the ex­ercise of his function. says, That Roger Arch-Bishop of York, in the feast of St. Nicholas, or sixth of December, the year before at Albemarle, did swear, that he received not the Popes Letters of Pro­hibition, before the Coronation of the new King, and that he never bound himself to the Observations of the Customes of the Kingdom, or B Secular Government, (de consuetudinibus Regni observandis) nor that he did in Word, Writing, or Deed, Knowingly procure the Death of Thomas Arch-Bishop 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 Christmass 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, C where he staid until Easter. Then Knowing, That the Cardinals Theodin and Albert were sent into Normandy from the Pope, He setled the affairs in Ireland as well as he could, and passed to Milford Haven, from thence to St. Davids, 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 Arch-Bishop of Roven, Giles Bi­shop E 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 Arch-Bishop of Roven, and the Bishops of Eureux, and Worcester, Returned into Normandy.

About a moneth after Append. N. 61. King Henry's Purgation for the Death of Thomas. on the 27th of September, Henry King D of England the father, and King Henry his Son, and Rotrod Arch-Bishop 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 Reliques of Saints, and the holy Gospels, That he neither Commanded nor desired the Arch-Bishop should be Slain, and when he heard it, he Grieved vehemently. But because those Malefactors that Killed him, could not be had, and be­cause F he feared, they might have perpetrated that Prophane Deed, by Reason of the Commotion and Trouble they Observed in his mind, he made the following Oath of Satisfaction.

[Page 410] H [...]s Oath of satisfaction and Pennance.First he Sware, That he would not D [...]part from Pope Alexander, nor his Catholic Successors, so long as they Acknowledged him a Catho­lic King.

He Sware also, That he would not Hinder nor Suffer to be hindred 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 A him, They should give security, they would do no injury to him, nor his Kingdom.

He Sware That from Christmass 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 judgment, should be suffi­cient for the Mainteining 200 Souldiers one year for the Defence of B 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 Sware also, That he would Restore the possessions of the Church of Canturbury, if any had been taken away, as fully, as it injoyed them,C a year before the Arch-Bishop went out of England.

He Sware 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 Sware to Observe in good Faith and without Deceit, D 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 conteined these Articles or Heads, together with the Seals of the Cardinals. Who upon this Purgation, Submission and Satisfaction, Granted him a Append. N. 62. Chart of Absolution.

On the Morrow after the Cardinals held a great Hoved. f. 303. b. n. 50. A great Coun­cil in Norman­dy, with the Decrees. Council with E the Arch-Bishop and Bishops, and Clergy of Normandy, and then and there the following Decrees were made and injoyned to be observed inviolably by all men,

I. That Children Append. n. 63. A. D. 1172. should not be admitted to the Government and administration of Churches with Cure of Souls.

F

II. The Sons of Priests should not be placed in the Churches of their Fathers.

[Page 411]III. a. Laics should not receive part of the oblations of the Church.

IV. b. That Churches should not be Committed, to annual V [...]cars.

V. That the Priests of great Churches, which had sufficient Reve­nues, should be Compelled to have another Priest under him.

A

VI. That Priests should not be Ordained without a certain Title.

VII. Churches 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.

B IX. c. 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.

C

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 Ʋsurers.

D XIII. Item de These were French, not English pounds. novis libris Excommunicationis, &c. And the Goods of Dying people which the Priests carryed 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.

E

[Page 412]King Henry the Father Hoved. f. 307. a. n. 40. King Henry gives the Arch-Bishop­ric to Richard Prior of Do­ver, &c. 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 Iocelin Bishop of Salisbury the Bishopric of Bath. To Richard of Ivecester Arch-Deacon of Poictiers the Bishopric of Winchester. To Robert Foliot the Bishopric of Hereford, and To Iohn Greneford the Bishoprick of Chichester. A

After this 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 Bare 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 B 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 Hoved. f. 307. b. n. 10, 20 Rad. de Dicet. Col. 561. n. 60.562. n. 10. &c. The King humbles him­self before the Sepulchre of Thomas. being in great streights 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, C came into England, and humbled himself before the Sepulchre of the Arch-Bishop.

He 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 8th 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 D his Shoes, he went Bare-foot 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 Bishops Priests, and, Monks, and had three or five lashes from e­very one. Disciplin 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 E Disciplinas, quas de manu Episcoporum, Sacerdotum (que) plurimorum & Monachorum recepit.) And staid 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 13th 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) F He gave him Victory over his Enemies, and delivered them Captive into his hands: 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 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 [Page 413] to the Mat. Paris. f. 130. N. 40. merits and intercession of this New Saint there­upon.

For before this time he had been Append. n. 64. He is Canoni­zed for a Saint Sainted or Canonized 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 Canonized him, and Decreed him to be numbred A 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, &c. or Elevate it on high in a decent Shrine; and by fervent Prayers to him indea­vor to merit Pardon for their sins. That he which in life suffered Banishment, and in his Death Martyrdom for Christ, being sollicited by the Continual supplications of the faithful, might intercede with God B for them.

Amongst the several hundreds of Miracles he did, and wonders he wrought, take three or four of them from the Hoved. f. 300. b. N. 30. His Miracles. Epistle of William Arch-Bishop 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 anoynted his Eyes with his Bloud and re­ceived C 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 Carcass, (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 utrius (que) sexus homines, verum etiam Aves, & anima­lia D de Morte reparantur ad vitam.

He was at first but indifferently Somn▪ An­tiqu. of Can­turbury, p. 177, 178. Buried, and laid in an Ordi­nary Tomb, about the Lady-Chappel in a Vault called Ʋndercroft; But fifty years after, (A. D. 1220.) the year of his first Jubilee 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 f 310. n. 10. E Mat. Paris says his Body was taken out of a Marble Coffin, by Stephan Arch-Bishop 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 honorably in a Shrine wonderfully wrought with Gold and pretious Stones. There were present at this Translation, Arch-Bishops, Bishops, Abbats, Priors, and many others of France, and divers other Nations, who came chearfully to so great a Solemnity in Honor and Reverence of the Bles­sed F Martyr, who shed his Bloud for the Vniversal Church. (Qui pro Ʋniversali Ecclesia Sanguinem suum fundere non timuit.) Paris says this Translation was in crastino Octavarum Apostolorum Petri & Pauli. That is, the 7th of July, on which day says Mr. Somner in the 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 West-Acre about four Miles Distant from [Page 414] Swifham, both called Beckets Fair, and in both places there are old R [...]nous Chappels, which were undoubtedly Erected and Dedicated to him.

The Jewels That belonged to this Ibid. p. 247. The Ric [...]es of his Shrine. Shrine were shewn, being touched with a White Rod, and their Names, Price, and Donor Decla­red, and the spoyls of it in Gold and Jewels of an inaestimable Ibid. p. 247. The Ric [...]es of his Shrine. value filled two great Chests, one of which six or eight strong men could do A no more than carry out of the Church. This Shrine had a Clerc and certain reteinors that constantly attended upon it, 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.

B

This Saints Ibidem. His Jubilee once in fifty years. Iubilee was kept every fiftieth year after his Death, and 'tis almost incredible what numbers of people flocked to Canturbury to the Solemnizing of it. In the Year 1420. there were by Estima­tion an hundred thousand people, English and Strangers, Irish, Welch, Scots, French, Normans, and from Garnsey and Jersey, as appears upon 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 Bayliffs Commanded the Citizens to pro­vide sufficient Lodgings, and the Victuallers, Tavernors, Brewers, Ba­kers,C Butchers, Fishmongers, Cooks and Hosts, sufficient Victuals against the time of their coming.

The Arch-Bishop of Canturbury 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 15th of the Kalends of June, (that is the 18th of May.) Celebravit Ben. Abb. p. 62. a. An Eccle [...]ia­stic Council held at West­minster. Cantuariensis Archiepisco­pus Richardus Consilium apud Londonias Westmonasterio, coram pre­dictis D Regibus, Et assensu & voluntate corum die Dominica xv. Kal Jami. For the Canons of this Council see the Append. N. 66. Appendix.

In this Council, Hoved. f. 311. a. n. 40. A Controver­sie in that Council about bearing the Cross between the two Arch-Bishops, &c. The Clercs of the Arch-B [...]shop 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 Arch-Bishop, The Bishop­rics of Lincoln, Chester, Worcester, and Hereford, as belonging to his Province; and Appealed to Rome: They also Appealed to the Pope E concerning the Sentence of Excommunication, against the Clercs of the Arch-Bishop of York that officiated in the Chappel of St. Oswald in Gloucester; for that they would not attend the Arch-Bishop of Canturbury upon his Summons as the Clercks of his own Province did.

F

[Page 415]A little before 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 Popes Legat, at the Kings request came into England, and found him at Winchester, making an Agreement between the two A Arch-Bishops, and at length by the Kings interposing it was Agreed, That the Arch-Bishop of Canturbury, should release his Claym to the Chappel of St. Oswald, and absolve the Clercs of the Arch-Bishop 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 Judgment of the Arch-Bishop of Roven and other Neighbour Bishops of France. Cardinal Hugezun 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.

B

Upon 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 Abbat 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 C would not be against the right of the Church of England.

EDF

Taxes in this Kings Time.

A Scutage near the beginning of his Reign, not to be found what it was.

A

A Second Scutage to raise men for the 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 Lib. Rubr. in Scaccario. A. D. 1166. Reign for the Siege of Tholose at two Marks every Knights Fee.B

In the 12th of his Reign two pence in the pound Chron. Gervas. Col. 1399. N. 10. A. D. 1166. for the first year, and a peny in the pound for four years after, of all Rents and Moveables for Defence and assistance of the Church, & Terrae Orien­talis, of the East Land, (suppose the holy Land.)

A Fourth Scutage Lib. Rubr. in the 14th of his Reign at a Mark a Knights Fee.C

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 D was a continual Course of War, and that very Expensive at home, in France and Ireland. Though we find no larger Account of them.

E

The Issue of King Henry the Second.

HE Married 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 Chron. Norm. f. 989. B & Mat. Westm. A. D. 1152. William. whom he F had William his Eldest Son born on the Octaves of St. Laurence (or 17th of August) in the year following 1152. before he was King. This William Dyed in the latter end 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 Ibidem f. 991. lin. 1. Kalends of March (i. e. the 28th of February) 1154. Mat. Westm. [Page 417] says 1155. On the 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 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 Mat. West. A. D. 1158. Marriage was See here f. 303. B. C. Solemnized A or rather according to the same Author. A. D. 1160. He Dyed without Issue.

Richard the Third Son by the same Woman was 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 Rad [...] de Diceto. Col. 657. n. 30. whom his mother Queen Alianor carried B after him to Sicily when he was in his expedition to the Holy Land, and was married to her afterwards in the Isle of Cyprus, but dyed without Issue. According to Ralph de Diceto Ibidem. Col. 531. n. 20. he was born in the year 1157. at Oxford.

Geofry the 4th Son of the same King and Queen, Geofry. was 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 Col. 531. n. 30. Ralph de Diceto in the year 1158. He C was by his Fathers Contrivance See here f. 305. C. Married to Constance only Daughter and heir of Conan Earl of Britany and Richmond. When he was killed he left her great with Child, of Walsingh. f. 452. n. 30. & Hov. f. 361. b. n. 10. which she was De­livered on Easter Day 1187. and he was named Arthur; who was ta­ken Prisoner in the year 1199. at Mirabell Castle in Normandy, and as it was reported, 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 D and imprisoned, where she Dyed in the 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 Genealog. Histor. f. 81. Mat. Paris f. 127. lin. 6. born at Oxford on Christmass Eve in the year 1166.

Their Daughters.

E

MAud the eldest Rad. de Diceto. Col. 531. n. 20. born A. D. 1156. and was Married to Henry Duke of Saxony Hoved. f. 282. a. n. 40. in the year 1164.

Alianor the Second Daughter was Rad. de Diceto Col. 533. lin. 6. born in the year 1162. and was Married to Alphonso Hoved. f. 317. a. n. 50. King of Castile in the year 1176.

Joan the Third Daughter was Rad. de Dicet. Col. [...]39. n. 30. born in the year 1165. she was F Married to William Hoved. f. 315. a. n. 10. King of Sicily in the same year 1176.

His Base Issue.

WIlliam 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 Ibidem & Hoved. f. 436. b. n. 50. King Ri­chard A 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 Hoved. f. 307. b. n. 10, 20. f. 348. b. n. 30, 40. year 1174. to the year 1181. with­out being in Orders or Consecrated, when he renounced his Election, by the Kings Advice, and the Popes Mandate to the Arch-Bishop of Canturbury, That he should Either take Orders, and be Consecrated,B or renounce. And then the King gave Ibidem f. 349. a. n. 10. him his Chancery (dedit ei Cancellariam suam) and 500 marks of Rent in England, and as much in Normandy.

Morgan was also reported to be a Son of this King Henry, but by what woman not Known, to whom his Brother Geofry then Arch-Bishop of York gave the Provost-ship of Beverly Ibid. f. 468. a. lin. 1. A. D. 1 [...]2. Praeposituram Be­verlacensem Gaufridus Eboracensis Archiepiscopus Dedit Morgan fratri C suo filio Henrici Regis [...]t Dicebatur.

DEF

THE A REIGN OF King Richard I.

B

AFter the Funeral of his 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 C the presence of the Bishops, Earls, and Barons of Normandy, girt 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 Trie in V [...]uxin Francois, in which Treaty, Ibid. n. 20. he De­manded of the Duke the Town and Castle of Gisors, with the Coun­try about it, who unwilling to part with that Fortress, added Four D Thousand Marks in Silver to the Twenty Thousand his See here f. 349. lin. 1. he pays the King of France 24000 Marks. Father inga­ged to pay him, and so obteined his Love and Favor. And the King of France Restored unto him all things which he had taken from his Fa­ther in the last War, as well Castles, as Cities, and Fortresses, Towns, and Lands.

While he remained in Normandy, His Mother Queen Alienor released Pri­soners. his Mother Queen Alienor went from City to City, and from Castle to Castle as she pleased; and sent E Commissioners into all Counties for the Releasing of Prisoners, for the Soul of her Lord Henry; having learnt from her own Experience, what Afflictions Prisons were. F. 152. n. 20. Mat. Paris says, she had been closely imprisoned by her Husband Sixteen Years, and now her Son gave her leave to Direct and Order the Nation as she pleased in his absence.

She Commanded 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 F that were Out-lawed for any thing done in Forests, might return free, and acquitted from all Forfeitures. That all such as had been taken, and restrained upon the Kings Will and Pleasure, or upon the Will and Pleasure of his Justice, and were not imprisoned by the Common Accusa­tion of the County, or Hundred, or upon an Appeal, should be Released; And such of Those as were accused by the County or Hundred that could find Sureties for their Appearance and Tryal, if they were prosecuted, [Page 420] should be set at Liberty; Those also that were Imprisoned upon an Ap­peal for any Heinous Crime, if they had Sureties might be at Liberty. And all such as were Out-lawed upon Accusations, upon Common Fame, might return and give Security to stand Tryal; and such as were Out-lawed upon Appeal, if they could make Peace with their Adversaries, might be free. All those that were Appealed by such as confessed themselves Malefa­ctors, (Qui se Malefactores Cognoscunt) were Released; And those Malefactors, who had their Lives and Limbs given them for their Ap­pealing A 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 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, B for the Preservation of their Lives, and Limbs, and their Ter­rene Honor, (Quod fidem portabit Domino Richardo Regi Angliae, fi­lio Domini Regis Henrici, & Dominae Alienorae 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 ii C Justiciabiles erunt, & auxilium ei praestabunt, ad pacem & Justiciam suam per omnia Servandam.)

The Duke Ibid. b. lin. 2. He restores Robert Earl of Leicester to his Estate, &c. returned to Robert Earl of Leicester all his Lands which his father had taken from him, and all those his Father had dis­inherited he restored to their former rights. He hated all those Clercs and Laics, which left his Father, and adhered to him, and turned them out of their Offices or Services, but such as served his Father D faithfully, he reteined, and inriched them by his Bounty.

On the 13th of 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 Iohn Bishop of Eureux, Baldwin Archbishop of Canterbury, Gilbert Bishop of Rochester, and Hugh and Hugh Bishops of Lincoln and Chester: He comes into England. and presently with his Brother Iohn followed them in­to England, and landed them at Portsmouth Ibid. n. 20.30. His great Bounty to his Brother John.. To whom he E gave the Earldom of Moreton in Normandy, the Earldoms of Corn­wal, Dorset, Somerset, Notingham, Derby, and Lancashires, with the Castles of Marleburgh and Ludgarshal, with their Forests and all Appurtenances. The Castles de Pec and Bolsover; yet the Duke kept in each County some Castles and Honors. He also gave Earl John the Honors of Walingford, Tikhil, and Haye; and like­wise the Daughter and Co-Heir of the Earl of Glocester, with that Earldom. He gave to William Mareschal the Daughter and Heir of F Richard Earl of Striguil, and with her that Earldom.

While 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 [Page 421] time he caused his Bishops, Earls and Barons, to look into his Fathers Ibid. f. 374. a. lin. 1. His Fathers Treasure of great value. Treasuries, where they found great Sums, which accor­ding to Tale and Weight, much exceeded 100000 Marks. F. 152. n. 40. Winchester then was the Kings Treasu­ry. He makes choice of Ships for his Expedition into the Holy Land. Mat. Paris says there were found above 900000 Pounds in Gold and Silver, besides Ʋtensis, Jewels, and Precious Stones.

Having taken an Account of his Fathers Treasure, he sent his Of­ficers A and Bayliffs to all the Sea-Ports in England, Normandy, Poictou, and his other Dominions, to make Choice of the Ships of greatest Bur­then, and caused them to be Victualled, Armed, and Furnished for his Expedition into the Holy Land, according to his Agreement with See here f. 348. F. the King of France.

From Winchester he came to London, and there was Hoved. f. 374. a n. 10.20 His Magnifi­cent Corona­tion. Crowned at Westminster on the Third of September, by Baldwin Archbishop of Can­terbury. B 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 F. 153. n. 10, 20▪ 30. &c. Paris, who related it from him; also in Iohn Brompton, who Col. 1157.1158, 1159. transcribed it verbatim from Paris, and may find it Translated in Mr. Sandford's Genealogical History of the Kings of England, Fol. 74.

C At his Coronation he Hoved. ut supra. n. 50. His Corona­tion Oath. Sware he would keep Peace, Honour, and Reverence to God, Holy Church, and the Clergy all Days of his Life: Juravit quod ipse omnibus Diebus Vitae suae, pacem & honorem atque Reverentiam Deo, & Sanctae Ecclesiae & ejus ordinatis portaret. Then he Sware, 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 Sware, That he would abolish all Evil Laws and perverse D 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 fraude, & malo Ingenio eas custodiret.

After which, the Archbishop having anointed, put on his Vestments, and Robed him, 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 Honor, unless he meant to keep his Oath. Delivered him the Sword of the Kingdom to sup­press E the Malefactors of the Church. (Tradidit ei idem Archiepiscopus Gladium Regni ad Malefactores Ecclesiae Comprimendos.) And then the Archbishop forbad him in the Name of God, to take such Royal Ho­nor upon him, unless he intended inviolably to Keep the Oath he had made. 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 F sibi assumeret, nisi in mente haberet supradicta Sacramenta & vota Quae fecerat inviolabiliter servare, & ipse Respondet, se per Auxilium Dei omnia servaturum sine fraude. 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.

[Page 422]The Report of this Solemnity by Ralph de Col. 647. n. 40.50. Diceto then Dean of St. Paul's, who in the vacancy of the B [...]shopric of London, assisted at this Coronation,Ralph de Dice­ [...]o his Account of this Coro­nation. and Delivered the Oyl and Chrism with which the King was anointed, to the Arch-Bishop 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 A Iure, 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 B God, and the Christian people might injoy Peace, That he would prohibit Rapin, That he would Command Judgments, and Senten­ces to be done in Aequity and Mercy.

Many Jews came to this Coronation against the Kings 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 C plundered them,Jews cruelly abused, and Murthered. and under pretence of being Jews burnt 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 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. D 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 Maner of Sadbergh with the Wapentac and Knights Fees belong­ing to it. For 600 Marks of Silver Ibid. f. 37 [...]. a. n. 10. Godfrey de Luci, when Bishop of Winchester bought of him Weregrave, and Menes; and Samson Abbat of St. Edmunds-Bury bought of him the Maner 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,E 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 Justitiary of England.

On the 16th of 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 Abby of Pipewel in Northampton-Shire, 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 F Richard Arch-Deacon 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 Hove [...]. f. 375. b. n. 20. Council the King constituted Hugh B [...]sh [...]p of Dur­ham, W [...]lliam Earl of Albemarle his Chief Justi [...]es of England, [Page 423] and associated to them in the Government of the Kingdom, William Mares [...]all, and Geofry Fi [...]z-Peter, William Bruer, Robert de Whitefield, and Roger Fitz-Remfrid.

In the mean while he had 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 ob­teined A 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 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 B 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 Ierusalem, 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 F. 155. n. 50. He and his Great Men promise the same. Paris, C Convocatis Episcopis & regni proceribus apud Westmonasterium, &c.) 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 Mareschall 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.

E At this time there was a great Controversie,A Controver­sie between the Archbi­shop of Can­turbury and the Monks of Holy Trinity. between Baldwin Arch-Bishop 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 Iohn Anagninus a Cardinal was 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 D Arch-Bishop, against the will of the Monks had made Prior in the Church of Canturbury should be Deposed, and the Chappel which the Arch-Bishop 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 Arch-Bishop as their pre­decessors had done. Upon the Accord the King at the Request of the Arch-Bishop made the deposed Prior Abbat of Evesham.

After this Ibid. n. 30. peace made the King sent for Iohn Anagnin the F Cardinal, who came to Canturbury, and was received with Solemn pro­cession, yet took it ill, that the Agreement was made between the Arch-Bishop and Monks, in his Absence.

In the same Ibid. n 40.50. Month of November Geofrey Elect of York, with the Barons of Yorkshire, and the Sheriff, by the Kings Com­mand went to the River Twede, and there received William King [Page 424] 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 A of the Fealty and Ligeance of the Kingdom of Scotland, and that he might have King Richards Append. n. 68. Chart thereupon, he gave him ten thousand Marks Sterling.

On the 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 Geofrey Elect of York to the Pope before the said Cardinal indeavouring to prove his Election void, because they who were to have had the first suffrages B 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 Man-Slayer, begot in Adulterie, 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 Iohn Ag­nin Cardinal and Legat of the Apostolic See Confirmed his Election.

C

After these Dispatches on the 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 Abby of St. German at Sele­by, by the Kings Command received his Benediction from Hugh Bi­shop of Durham, against the Prohibition of Geofrey Elect of York: who seeing without Money he could not obtein his Brothers favor,He promises the King 3000 l. and is restored to the Archbi­shopric. promised him Three Thousand Pounds Sterling, and the King resto­red him the Archbishoprick, (i. e. the Temporalities) and Confirmed D it by his Chart: he also restored all his Lay-Fees in England, and beyond Sea which King Henry his Father had given him. 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.

E

Then also 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 Deanry 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 F Consecration.

From Dover the Ibidem. King with the Cardinal, Walter Archbishop of Roven, Henry Bishop of Bayeux, and Iohn Bishop of Eureux, passed to Calais on the 11th of December, where Phillip Earl of Flanders met, and received him with great Joy, and Conducted him into Normandy.

[Page 425]He left behind him Ibid. n 20. Hugh Bishop of Durham, and William de Magnavil Earl of A [...]bemarl Dyed at Roven in November. See Hov. 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 Mareschal, Geofry Fi [...]z Peter, and William Breuer. He Delivered to the Bishop of Ely his Chan­cellor A 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.

B In the year 1190. King Richard kept the Hoved. f. 378. a. n. 40.50. A. D. 1190. first Christmass af­ter his Coronation at Bure in Normandy, with the Great Men of that Nation. After that Solemnity, Phillip 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 C keep that Peace; which was, Append. n. 69. The Articles of the Peace. That they should both pre­serve the Honor 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. Ibid. b. lin. 3. The Earls and Barons of both Kingdoms swore They would not Depart from their Fealty to E their Kings, nor make any War or Broyls within their Dominions while they were in their Peregrination; and the Archbishops firmly promised in the Word of Truth, That they would Anathematize the Transgres­sors 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.

D

After 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 Phillip King of France, Baldwin Archbishop of Canturbury, Iohn of Norwich, Hugh of Durham, Godfrey of Winchester, Reginald of Bath, William of Ely, Hubert of Sa­lisbury, Hugh of Chester, Bishops, and Geofrey Elect of York, and his Brother Iohn 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 F Angliae) and granted to Hugh Bishop of Durham, the Office of Justitiarie from the River Humber to the confines of Scotland, (& Concessit Hugoni Episcopo Dunelmensi Justitiarium à fluvio Humbri usque ad Terram Regis Scotiae.) Ibid. n. 40. His B [...]others 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 Iohn Earl of Moreton and Geofrey 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 Iohn from his Oath, and [Page 426] gave him leave to return to England; Upon his making another Oath that he would faithfully serve him.

From 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. A His Chancellor at his return incompassed the Tower of London with a Deep Ditch, intending the Thames should flow about it; and Ibidem. The Chancel­lor encompas­sed the Tower of London with a Ditch. And levies an Ayd for the Kings use. Took for the Kings use of every City of England two Palfreys, or Saddle Horses, and two Sumpters, as an Ayd, and of every Abby one Palfrey, or Saddle Horse, and one Sumpter, and of every of the Kings Maners, as of the Abby's. These horses undoub­tedly were to be imployed in the War he was undertaking, though 'tis not said so in the Historian.B

On the 16th of 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 d [...]mand. They cut one anothers 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 Citisens, and Stran­gers which came to the County Court, (Populus Civitatis, & Ex­tranei, qui ad Comitatum venerant,) at the Request and by the in­couragement C 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 anothers throats, rather than they would Dye by the hands of the incircumcised, and enemies to their Law. How­ever it was, 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 Popes Legat and D Justitiarie 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 Citisens 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 Tenents of the County, That is, the Strangers which were Suitors and came to E 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 Ibid. n. 40. The Bishop of Durham re­turns into England. Kings leave Hugh Bishop of Durham retur­ned into England and met the Chancellor at Blithe in Nottingham­shire, and delivered him the Kings Letters Patents by which he had F made him Justitiarie from the River Humber, unto the confines of Scotland: He told him he was ready to obey the Kings 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 [Page 427] the King and Kingdom or Government Ibid. n. 50. when the Bishop was free, he went to his Town of H [...]vedene; where when he had staid 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 A the Chancellor had done. The King was at Marseille, where the Bi­shops 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 Maner of Sadberg, according to the Charter he had made, and that these were deteined, in all probability, was the only Complaint of the Bishops 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 B done him.

From Normandy the King went to Ibidem. f. 379. b. l. 5. Chinon in Anjou, and there made Gerard Arch-Bishop 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 Arch-Bishop this was, whether it might not be of Angiers or Auxe [...]e, I know not. Anxiensem Archiepiscopum, & Bernardum Episco­pum C 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 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 D 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 E thing, his head was to be shaved, and boyling 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. 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 Iustitiariorum Navigii sui.)

From Chinon he went to Ibid. n. 20, 30. King Richard receives the Scrip and Staff of Pil­grimage. A. D. 1190. Tours, and there received the Scrip F and Staffe of Pilgrimage from the hands of the Arch-Bishop, 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 Ib. b n. [...]0. Baldwin Arch-Bishop of Canturbury, [Page 428] Hubert Bishop of Salisbury, He had a pre­sperous Voy­age to Acon. and Ranulf de Glanvill sometime Justiciarie of England came with the King, and shipped themselves and had a prosperous Voyage to Acon. Iohn Ibidem. The Bishop of Norwich is absolved by the Pope and re­turns home. He pays the K [...]ngs 1000 Marks. Bishop of Norwich re­pented 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.

A

When the King had Ibidem. f. 380. a. n. 30.40 staid at Marseille Eight Days, in expect­ation of his Fleet, he was out of patience, and there hired ten Great Busses, and twenty well armed Gallies, 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 Ibid. f. 383. a. n. 50. August, and there staid Eight Days, to Mend and Cleanse their Ships, and then followed the King, and on the 14th of Ibid. September arrived at Messina. B

Here the two Ibid. b. n. 30. The English by force take Messiua. Kings met again. King Richard Demanded his Sister Ioan 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 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 untill Tancred had satisfyed all his Demnads, which were, That he should permit his Sister to injoy the Dower setled upon her C 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 Tressels belonging to that Table, Ibid. b. n. 50. f. 385. a. lin. 1. &c. 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 Barly 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 D things he Claymed as heir to his Father King Henry, to whom King William had devised them on his Death bed.

Tancred Ibid. n. 10. What Tancred gave to him. by advice of his wise men gave him 20000 ounces of Gold in lieu of his Sisters Dower, and 20000 to be Quit of his other Demands, and for a Marriage to be contracted between Arthur Duke of Britany King Richards Nephew, and his Daugther. And upon Executing the Charter of Peace between them Ibid. b. n. 50. Tancred E gave him other twenty thousand ounces of Gold to be free from all his Questions and Demands whatsoever. And that for Tancreds greater security he should Ibid. f. 386. a lin. 2. & n. 10. write to the Pope and give him an Account of their Agreement, which Epistle bare Ibid. 40. A. D. 1190. King Richard declares his Nephew Ar­thur his heir if he dyed without issue. date at Messina Novem­ber 11th wherein he Declares his Dearest Nephew Arthur his next Heir if he dyed without Issue.

F

This year Dyed Ibid. f. 390. b. lin. 5. & n. 10. The Death of Robert Earl of Leicester, Ra­nulph Glanvill, and Baldwin Arch-Bishop of Canturbury. Robert Earl of Leicester in Romania, going to the Holy Land, and Ranulph de Glanvill Dyed at the Siege of Acon, and then and there also Dyed Baldwin Arch-Bishop of Can­turbury, and left Hubert Bishop of Salisbury his Executor, who performed his Office faithfully, and Distributed his Goods accord­ing to his Desire.

[Page 429]In the month of February King Richard sent his Gally's from Messina to Naples for his Mother 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 A Land.

Not long before this time, There happened in Ibid. A great Dis­sention be­tween the Chancellor John the Kings Brother and other Noble men. England great Dissension between the Chancellor and Earl Iohn the Kings 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 susteined by the Chancellors Go­vernment, who sent from Messina Ibid. n. 30. Walter Arch-Bishop of B Roven, and William Marshal Earl of Striguil, Commanding his Chancellor, See Ap­pend. n. 73, 74. A. D. 1191. The Chancel­lors haughti­ness. That all things in the Kingdom should be done by the advice and assistance of the Arch-Bishop of Roven, and the joynt 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 Kings Letters, for he Despi­sed all the Kings Mandates, and would have no Peer or aequal in the Kingdom.

C

On the first of March King Richard Hoved. ut supra, n, 40, 50. went from Messina to Catania another City of Sicily 60 Miles from it, to visit Tancred, where he staid 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 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 Traytor and would not keep the Peace he made with him; And that if he would E 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 Traytor, 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 denyed he gave him those Letters from the King of France, he was ready to dis­prove D him by one of his own Dukes. The King at his return to Messina mightily Estranged himself from the King of France, who inquiring 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 Lye, was a Trick of King Richards to get rid of his Sister Alice (whom he had Sworn to Marry) and threatned that if he did Leave her and Marry another Woman, he would be his Enemie so long as he Lived.

F

The King of England Ibidem King Richard refuses to Marry the King of France his Sister. Replyed 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 [Page 430] 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 Britany a [...]e [...] ­ [...]a [...]a [...]ie to France. That the Dukedom of Britany, should for ever be­long to the Dominion of the Duke of Normandy, and that the Duke A of Britany 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 30th of March Ibid. n. 40 The King of France with his Army ar­rives at Acon. the King of France Sayled from Messi­na, and two and twenty days after arrived at Acon, with his Ar­my.B The King of England staid there with his Army after his De­parture, and the very Day he set Sayl, Queen Alienor came thither with Berengaria, and the 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 Arch-Bishop 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 Ioan Queen of Sicily. C

In April next following 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 Sayled to Rhodes. The great Buss (Bussia magna) in which was the Queen of Sicily and Berengaria, and ma­ny of the Kings Servants, with two other Busses were driven to the D Isle of Cyprus. Ibid. Many Soldiers were drowned After the tempest, the King sent out Gally's to seek for the Busse, and found it without the Port of Limezun in Cyprus. Such as esca­ped were im­prisoned and Robbed 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 robbed, and would not permit the great Busse to enter into the Harbour.

E

When the King heard where the Busse was, he came to their as­sistance with many Gally's and a great Fleet of Ships, 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.

F

King Richard provoked with these Barbarous actions Ibid. & b. n. 10, 20, 30. &c. 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.

[Page 431]Here he was Ibid. s. 394. a. 10, 20. A. D. 1991. King Richard marryed to Berengaria. He sends the Emperor Prisoner to Tripoly. Married to Berengaria on the 12th of May by his Chaplain Nicholas, and was busied in setling 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 Tripoly, 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 A with the Emperors Daughter Landed and appeared before Acon with the greatest part of the Kings Fleet.

Who staid 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 Gallys on Thursday in Whitsun-week, and next day arrived at Tyre, and from thence went to the Siege of Acon, B which not long after was taken by the Christians.

This City being 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 Ierusalem 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 &c. by whom he asked Leave of him C 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 dye there, he might do his pleasure. Ibid. f. 397. a. lin. 4. n. 10. The King of France was mighty uneasie, 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 obtein it, until he had made D Oath, That he would protect his Dominions and people until his re­turn, and that he would do no Dammage 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 Ibid. f. 408. a. n. 10, 20. Rad. de Di­cet. Col. 667. n. 60. King Richard desires the French to joyn with him in the Siege of Je­rusa [...]em, but is refused. upon the Sea Coast of Palestine E 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 joyn with him and besiege Ierusalem, and would have ingaged 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.

F At this Time 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 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 Iohn, That he had seized many of his Castles, and would take from [Page 432] him his Kingdom if he Could; left Palestine on the 8th of October, and made as much hast 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 Rad. de Diceto Col. 668. n. 30, 40. King R [...]chard taken Priso­ner in his re­turn home. He is deliver­ed to the Em­peror for a Summe 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 Summe of Money.

A

It was observed Ibid. Earl John well pleased with his Bro­thers impri­sonment. His contri­vance to se­cure the Crown for himself. That Earl Iohn was very Brisk when he heard his Brother was made Prisoner, and conceived great hopes of being King; and therefore he wheadled in many through the whole King­dom with great promises, and with great Diligence fortifyed his places of Strength, and went over into France and entred into a Confederacie with that King, that he might secure his Nephew Ar­thur from injoying the Crown; and it is no hard matter to believe this from his precedent actions.B

In the Absence of the King, there happened great f. 398. b. n. 20. A. D. 119 [...]. A discord be­tween him and the Chan­cellor. discord be­tween Earl Iohn and the Chancellor about Lincoln Castle, which was in the Custody of Gerard de Camvill Sheriff of Lincolnshire, who was turned out of his Expulso Gi­rardo de Cam­vil a à Baliva Vicecomitatus Lincolniae. Composed by the mediation of the Bishops. Office by the Chancellor, and William de Stutevill put into it, but would not part with the Castle; and while he Besieged it, the Castle of Nottingham, and the Kings Castle of Tikehill were delivered to Earl Iohn, who sent to the Chancellor that C 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 Append. n 75. Appendix with the Transla­tion of it.

Not long after this Agreement, Geofrey the Elect of York, was D consecrated by the Arch-Bishop of Tours, by the Popes Command, who not regarding the Hoved. ut supra f. 399. a n. 30. Geofry Elect of York comes into England before the three years were expired. Oath he had made to his Brother the King, That he would not come into England in three years, after the King should leave it, came to Witsan (perhaps at this Day Calais) and was there ready for his passage over. The Chancellor sorbad him to come into England contrary to his Oath he made to the King. He regarded not the Chancellors Prohibition, and Landed at Dover in the month of September, where the Chancellor had appointed Officers E to apprehend him: But having notice of it he changed his Cloaths, and mounted a Swift Horse, and got to the Monasterie of St. Mar­tins belonging to that Town, and put himself into the Church: Ibidem. n. [...]0, 50. He is taken by the Chancel­lors Officers and delivered Prisoner to the Constable of Dover Castle. The Chancellors Officers Guarded the Church so as he could not go out, and after Mass took him while he was standing at the Altar in his Sacer­dotal vestments, and carried him out of the Church through the Dirty Streets, and Delivered him to Mathew Clere the Constable of Do­ver F Castle. Ibidem, b. n. 10. But is released by Earl Johns Order. The Chancel­lor is summon­ed to appear in the Kings Court, but refuses. Earl Iohn hearing of this, ordered the Chancellor to release him. And then coming to London, he complained to Earl Iohn, and to the Bishops and great men of the injury he had received from the Chancellor. The Earl commanded he should stand to the Law in the Kings Court for that, and also for the Injury he had done to Hugh Bishop of Durham. The Chancellor deferred his appearance, the Earl, the Arch-Bishop of Roven, the Bishops and chief men of the Kingdom appointed him a Peremptory day at Read­ing, [Page 433] whither Earl Iohn, and almost all the Bishops, Earls, and Ba­rons of the Kingdom came in expectation of him: but he neither came nor sent any one to appear for him. Then the Earl and the Bishops that were with him went toward London, A Skirmi [...]h be­tween the Earls and Chancellors retinue. One of the Earls Knights Slain. That they might consult before a great Audience of the Citizens, what they should do with A 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 10th of Ibidem n. 20. The Chancel­lor accused of high Misde­meanors. October Earl Iohn, the Arch-Bishop of Roven, B the Bishop, Earls, Barons, and Citizens of London, met in Pauls Church-Yard, and accused the Chancellor in many things, but espe­cially for the injuries he had done to the Arch-Bishop of York and Bi­shop of Durham. Those also the King had associated with him in the Government accused him, saying, That he Depised their advice, and managed all the Business of the Kingdom by violence, and ac­cording to his own Will. And then the Arch-Bishop of Roven, and William Marshall Earl of Striguil, first shew before the People C their Letters under the Kings Seal from Messina, by which they were associated with the Chancellor and others in the Government of the Kingdom, and that he was to do nothing without their advice, and if he did, and it was to the detriment of the Kingdom, he was to be No such thing in the Letters. See Append. n. He is deposed. deposed and the Arch-Bishop of Roven put in his place. And it pleased the Earl, and all the Bishops, Earls and Barons of the King­dom, and the Citizens of London that it should be so; for that the Arch-Bishop of Roven would do nothing without the Advice of his associates, and the Barons of the Exchequer.

E

And the same Day the Earl of Moreton, 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 Arch-Bishop and al­most all the Bishops, Earls and Barons of the Kingdom did Swear D firmly and resolutely to uphold that Comunity, The Citizens of London Swear fealty to King Ri­chard and Earl John as his heir. The Tower and Windsor Castle deli­vered up to him by the Chancellor. so long as it pleased the King. Et eodem Anno Comes Moretonii, & Archiepiscopus Ro­thomagensis, & fere omnes Episcopi, & Comites, & Barones Regni Juraverunt Comunam illam firmiter & inconcusse servaturos, quamdiu Domino Regi placuit. And the Citizens of London did Swear faith­ful service to King Richard and his Heir, (& haeredi suo). And if he should Dye without Issue, That they would receive Earl Iohn his Brother for their King and Lord, and they Sware Fealty to him against all men, saying their Fealty to King Richard his Brother. F 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.

[Page 434] The different Characters of this Chancel­lor. The Character of this Chancellor is various according to the incli­nations of men of that time. 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 Kings Revenue, and injurious to all sorts of men. Peter of Blois then Arch-Deacon of Bath, a man learned and famous, Ibid. f. 401 b. in his Epistle pro Willielmo Eli­en. Episcopo. Defends the Chancellor against the sharp pen of the Bishop of Coventry, and A begins 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,B &c. in English thus, To his Quondam Lord and friend Hugh called Bishop of Coventry and Chester, Peter of Blois Arch-Deacon of Bathe. The Memory of God with fear: What Detraction and Envy may do, The fury of a Trayterous 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, obteined the Administration of the C Government, and the chiefest power in it, &c. And proceeds to re­prove him for his virulent Language against him without Cause.

After Eight Days 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 Tryal. Imprisonment, Earl Iohn gave Order he should be released and go beyond Sea. He went into Normandy, where by Command of the Arch-Bishop 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.D At length he sent to Pope Celestin, and to the King of England, letting them know how Earl Iohn 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 Tryal.) And that if what he had done, or his Exspen­ses should not please the King, he would in all things satisfie him ac­cording to his own mind.

E

At which Complaint the Ibid. n. 20. The Pope writes to the English Bi­shops to ex­comunicate Earl John. Pope was much moved, and wrote to the Arch-Bishops and Bishops of England to Excommunicate Earl Iohn, and all his Advisers, Complices, and Favorers. And William Bishop of Ely as Legat and Chancellor wrote to the Bishop of Lin­coln to put in Execution the Popes Brief, and sent him the Ibid. b. n. 30. names of such as he would have him Excommunicate, videlicet, Walter Arch-Bishop of Roven, Godfrey Bishop of Winchester, Hugh Bishop of Coventry, William Marshal, Geofry Fitz-Peter, William F Bruer, Hugh Bardolf, and many others. 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 Legat or Chancellor. Ibidem. And the Arch-Bishop 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 Kings use, to make good the [Page 435] 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 A on the other side, wrote to the King, That his Brother Iohn 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 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 B men. Ibid. n. 40. Earl John en­deavors 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 tryed 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 Fry­day.

While these Commotions were in England King Richard was C mightily uneasie in his imprisonment in Germany, 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.

E Alice the King of France his Sister was in the 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 Ibid. f. 412. a. n. 20, 30. They refuse to deliver her without King Richards order which he was much troubled and disturbed, and sent into England to Earl Iohn, 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 D him King of England.

Earl Ibidem. Earl John re­fuses to treat with the Nor­man Nobility about the Kings release. Iohn soon after Christmass, 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 Kings affairs, and the freeing him from Imprisonment; 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, F hoping to see their King again.

From thence Ibid. He does Ho­mage to the King of France for Normandy, &c. 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 Claymed or Re­leased to the King of France Gisors, and whole Veuxin Norman. [Page 436] 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 Ibid. n. 50. He returns into England and demands the Kingdom, alledging 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 Archb [...]shop of Roven and the other Justices, (that is A 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, Q [...]od Rex Angliae frater suus mortuus Erat. But they believed him not. And when he saw he was Ibidem. b. lin. 1. &c. The Justicia­ries reject him and secure all the Ports. rejected by the Justiciaries and great men, he swelled with fury, Portifyed his places of Strength, and B Invaded his Brothers Lands in an Hostile manner. The Justiciaries had so well secured the Ports as neither French or Flemmings that had promised him assistance, dare attempt to Land in England. They Besieged Windsor Castle. Ibid. n. 20. They raise an Army to op­pose him. The Archbishop of York, Hugh Bardolfe one of the Kings Justiciaries, and Sheriff of Yorkshire, and William de Stutevill raise an Army in that Country, and marched to Doncaster, which they fortifyed. Ibid. n. 30. The Archbishop would have gone on and Besieged Tikehill a Castle belonging to Earl Iohn: but C the other two would not Consent to it, because they were his men or Feudataries, (quia erant homines Comitis Iohanis.)

After Easter the 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 D what was become of him, and whether he would return or not. Whereupon the A [...]chbishop of Roven and the other Justiciaries, al­though they had forced Earl Iohn to a Complyance,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, Ibid. f. 413. a. lin. 1. &c. The Castles of Notingham 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.E

Soon after this 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 Tenents 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 Threatned the Kingdom with an Interdict, unless the King were speedily freed from Prison, and wrote to the King of F France that he would anathematize his Kingdom, unless he forbear to trouble the King of England while he was Prisoner. 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 Stiles him in his Letter. And the price of his Redemption was Seven score thousand Marks of [Page 437] Silver. The Emperor and Kings Ibid. & b. n. 20. Ap­pend. n. 76. A. D. 1193. Letters both bear Date the 19th of April at Hagenou.

By Authority of the Ibid. f. 413. b. n. 10. How and upon whom this Sum was levi­ed and raised. Kings 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 Moveables, or upon their Movea­bles, A for which the King should Con, or Ken them thanks, and upon every Knights Fee they charged 20 s. and ordered the Abby's and Hou­ses of the Cistertians, and the order of Semplingham should contri­bute all their Wooll 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 Kings Letters) Mater Regis & Justiciarii Angliae statuerunt, quod universi tam Clerici quam Laici B 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, & Ʋniversum Aurum & Ar­gentum Ecclesiarum, sicut Rex in Mandato suo praeceperat. 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 C restore it again.

About this Ibid. b. n. 40. The Chancel­lor returns in­to England to manage the Kings business. Matter the Chancellor came into England, and in great humility went to St. Albans, where the Queen Mother, the Archbishop of Roven, and the other Justiciaires (& alii Justiciarii Domini Regis) met him, and there produced a Ibid. n. 30. Golden Bull, conteining an indissoluble league between the Emperor and the King, and told them he came not as a Justice, or a Legat, or a Chancellor ▪ D but as a Bishop only and the Kings Messenger. And injoyned some Barons they should go with him to the King, as Gilbert Bishop of R [...]thester, Sefrid Bishop of Chichester, Benedict Abbat of Peter­burgh, Richard Earl of Cl [...]re, Earl Roger Bigod, Geofrey de Say, and many others.

On the 25th of Ibid. n. 40. & f. 414. a. n. 20. A. D. 1193. A Treaty be­twe [...]n 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, E the King of England knew, they two would con [...]aederate against the Archbishops of Colon and Men [...]s, and against the Dukes of Lo­vain, L [...]mburgh and Saxonie, and many other Great Men, and Nobles, who had conspired against the Emperor, for the Bishop of Liege, Brother to the Duke of Lovain, his Death, which he had contrived, and suspected, That if the Treaty should take effect he should be Delivered to the King of France. Ibid. n. 30. 'Tis broke off by the King of Englands poli­cy. After great pains, and at the instance of the King of England a Peace was made be­tween F 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 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. [Page 438] There were present the Bishops of those parts, the Dukes of Lovain and Limburgh with many Earls and Barons: There were on the Kings 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 Kings Freedom. 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 A 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 Britany his Nephew, as wife to the son of the Duke of Au­stria; and that he should Deliver the Emperor of Cyprus and his Daughter. 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 sware on B behalf of the Emperor. The form of this Bargain or Composition follows in the Ibid. n. 10. same place.

So soon as the King of France heard these things, he Ibid. n. 40. The King of France gives Earl John no­tice of it. sent to Earl Iohn, that he might have a Care of himself, for the Devil was got loose; 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 C the Bishop of Ely his Chancellor, and William Briwer and other wise men to the King of France to make peace with him, Ibid. n. 50. A Peace be­tween England and France concluded. which was done accordingly and the claims setled on both sides, in which peace there was ample provision made for the security of Earl Iohn and all his Matters.

The Money was Ibid. f. 416. b. lin. 1. &c. How the Mo­ney for the Kings Ransom was Collected. Collected for the Kings Ransom, Twenty Shillings of every Knights Fee, The fourth part of all the Rents of D 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 Kings Dominions beyond Sea, by which there was gathered together an infinite Sum of Money, and then the Ibid. lin. 7. Emperors Envoyes received at London the greatest part of the Kings Ransom, And paid to the Emperors 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. E

The Emperor at this time 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 F 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 Ibid. n. 20.30. Hubert Arch-Bishop 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 [Page 439] Chief Justice of England, and wrote over that the Day appointed for his Delivery and Freedom, was the first Monday, after twenty Days after Christmass Day.

Before the Agreement was Ibid. f. 417. a. lin. 1. &c. 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 Iohn, and so effectually A 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 Honors 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 staid with him and he gave him the Castles of Driencourt, now Dancourt, and Arches, which should have been delivered to William Archbi­shop B of Remes.

King Richard was to 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 Iohn, 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 C Earl 30000, upon condition he might be kept prisoner until Michael­mass following, or if the Emperor had rather, they would give him a thousand Pounds a Month so long as he should keep him Prisoner; or if, it pleased him better, the King of France would give him 100000 Marks and Earl Iohn 50000 to deliver him Prisoner into their hands, or at least that he would keep him one year;The Emperor prevailed up­on to differ his Release. upon these Offers the Emperor put off the Day of his Liberty, and ordered it to be upon the Purification of St. Mary at Ments.

D

At that Day and place Ibid. b. n. 30.40. Henry Emperor of the Romans with the Great Men of his Empire, and Richard King of England, with his Mother Queen Alienor, and Walter Archbishop of Roven, Wil­liam Bishop of Ely his Chancellor, and Savaric Bishop of Bath met and held a Council about the Liberty of the King of England. The Emperor out of Covetousness tempted with the money the King of France and Earl Iohn offered, would have gone from his Agreement, E and calling for theis Messengers, amongst which,The King of France and Earl Johns let­ters given to King Richard to read. was Robert Nunant Brother to Hugh Bishop of Coventry, he gave the King of France and Earl Iohns Letters, which they wrote against his Liberty, to the King of England to read, at which he was much troubled and con­founded dispairing of his Freedom. He by his Friend and Counsel­lor Sollicites the Archbishops of Ments, Colon, and Saxeburgh (who this Archbishop was I find not, unless Treves or Trier had ever that name) the Bishops of Worms, Spire, and Liege. The F Dukes of Suavia the Emperors Brother, of Austria, and Lovain. The Earl Palatin of the Rhene, and other Great Men of the Em­pire, who were [...]idejussors or undertakers for the Emperor upon the Agreement between him and the King of England, The Empe­rors Fidejus­sors rebuke him for his Covetousness. who boldly went to him, and rebuked him for his Covetousness, and for that he would so impudently run back from his Bargain (Qui ita impudenter à pacto suo resilire volebat) and wrought so effectually with him, as he [Page 440] Freed the King from his imprisonment Ibid. n. 50. He thereupon consents to King Richards 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 plege for the King. on the fourth of February. The King asked Robert Nunant to be a Plege for him, he answered he was Earl A Iohns Man or Vassal, and therefore would not be Plege for him. Res­pondet Ibid. f. 418. a. lin. 4. Quod esset homo Comitis Iohannis, & ideo noluit pro ip­so obses Esse, for which answer the King caused him to be taken, and imprisoned.

The same Day the Ibid. n. 10. The Emperor writes to Earl John to re­store King Ri­chard all his rights and possession. Emperor, the Archbishops, Bishops, Dukes and Earls of the Empire, by their common Writing to which they put their Seals, sent to the King of France and Earl Iohn, that present­ly B upon sight thereof they should deliver to the King of England the Castles, City's, Fortresses, Towns, Lands, and whatsoever they had ta­ken from him while he was the Emperors Prisoner, and if they did not, to let them know they would help him to recover what he had lost. Ibid. n. 20.30. King Richards generosity to the German Bishops, and Nobility. Hereupon, King Richard, by his Charts granted to several Archbishops, Bishops, Dukes, Earls, and Barons, and others of the Empire annual Rents or stipends, for their Homages, Fealty's, and aids or assistance against the French King, and received the Homage of the C Archbishops of Ments and Colon, of the Bishop of Liege, the Dukes of Austria, and Lovain, the Marquess of Montferrat, the Duke of Lemburgh and the Duke of Swavia the Emperors Brother, of the Earl Palatin of the Rhene, the Son of the Earl of Haynault, of the Earl of Holland and many others, saving their Fealty to the Em­peror, He is conduct­ed to Antwerp and from thence came to Sandwich. who gave the King a safe conduct or Pass-port to Antwerp, where he was under the protection of the Duke of Lovain; from thence he came to England and landed at Sandwich on the 13th D of March.

Not long before the Kings Ibid. n. 40.50. Arrival, one Adam of St. Ed­mund, a Clerc and servant to Earl Iohn was sent by him into Eng­land, with Letters and Directions, That his Castles should be fortifi­ed against his Brother. He came to London and went to the Palace of Hubert Archbishop of Canturbury, and dined with him, where he Boasted much of the prosperity of his Master,The Insolence of one of Earl Johns Ser­vants. and the intimacy he E had with the King of France, telling that he had given him the Castles of Driencurt and Arches, which should have been given to the Archbishop of Rhemes, and talked at a great Rate what his Lord could do if he had but Faithful Men. His Bragging discourse much exasperated the Archbishop and all that heard him,He is appre­hended, and Earl Johns de­signs are dis­covered. but for the Defe­rence to the Table he was not apprehended; But after Dinner in his F Inn the Major of London took him, and all his Briefs or Commissions, which conteined all Earls Iohns design, and delivered them to the Archbishop of Canturbury, Ibid. b. lin. 4.5.6.7. who on the Morrow called before him the Bishops, Earls, and Barons of the Kingdom, and shewed them those Letters, and declared the Tenor of them, and presently it was Determined by the Common Council of the Kingdom,Earl John dis­seized of all his Tenements in England. That Earl Iohn should be disseized of all his Tenements in England, and that his Castles should be besieged, & statim per Commune Consilium Regni [Page 441] 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 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, A came together and Anathematized Earl Iohn, and all his Abetters and Advisers, which had or should Disturb the Peace of King and Kingdom, unless they laid down Arms and gave satis­faction.

All to whom the Ibid. n. 20, 30, 40, &c. His Castles and Towns in England Besie­ged. Reducing of his Castles was Committed went into the Countries in and near where they were, and levyed Forces. The Bishop of Durham, went into Yorkshire and Northum­berland, B raised an Army and besieged Tikehill, Earl David the King of Scots Brother, Ranulph Earl of Chester, and the Earl Ferrers Besieged Notingham, and the Arch-Bishop of Canturbury with a great Army Besieged Merleburgh, Lancaster, and St. Mi­chaels Mount in Cornwall. The three last Castles were Rendred presently, 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 C it were so or not, who saw the King at Dinner in the Siege,And Surren­dred to the King. and assu­ring them it was so, they delivered the Castles, and put themselves in the Kings Mercy for Life and Limbs, and terrene honor. Ibid. lin. 18. Notingham Castle was delivered on the twenty eighth day of March.

And on the Ibid. n. 20.30. A. D. 1194. King Richard Held a great Council at Notingham. Who were the Constitu­ent parts of it. Thirtieth Day of March King Richard held the first day of his Council at Notingham, (Tricesima Die Mensis Mar­tii Richardus Rex Angliae celebravit primum Concilii sui Diem apud D Notingham) where were present Alienor the Queen Mother, Hu­bert Archbishop of Canturbury who sate on the right hand of the King, Geofry Archbishop of York who sate on the left hand, Hugh Bishop of Durham, Hugh Bishop of Lincoln, William Bishop of Ely the Kings Chancellor, William Bishop of Hereford, Henry Bishop of Worcester, Henry Bishop of Excester, and Iohn Bishop of Whithern in Scotland. Earl David the King of Sco [...]s Brother, Hamelin Earl of Warren, Ranulph Earl of Chester, William Earl E Ferrers, William Earl of Salisbury, and Roger Bigod.

The same day the King disseised Ibidem Gerard de Canvil, and Hugh Bardolph disseized of their Castles & Sherifwic's. Gerard de 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 Westmerland, and exposed them all to Sale. The Chancellor offered ready money down, for the Ibidem. Geofry Arch­bishop of York out bids the Chancellor for their Sherifwic's. Sherifwics of York­shire, F Lincolnshire and Northamptonshire 1500 marks, and an hun­dred marks every year for each of them. Ibid. n. 40. Geofry the Archbishop, bad three thousand marks for the Sherifwic of Yorkshire only, and 100 marks by the year, and obteined it, by which means he was ma [...]d [...]he Kings Servant, and subjected himself to his power.

[Page 442] The second day of the Council.The Thirty first day of March, was the Second day of the Kings Council, (Tricessima aie Martii Rex Angliae celebravit secundum diem Concilii sui, Ibidem. The King de­mands Judg­ment against Earl John, and Hugh Nunant Bishop of Co­ventry.) in which he required Judgment to be given of Earl Iohn 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 Judgment of Hugh Nunant Bishop of A Coventry, who Conscious of his secrets, Deserted him, and adhe­red to his Enemies Earl Iohn and the King of France, and contrived all the mischief he could against his Government or Kingdom. And it was Ibid. n. 50. The Council gives Judg­ment against both. adjudged They should be peremptorily Cited; and if within fourty days they appeared not, nor stood to the Law, They judged Earl Iohn 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 Lay-men as he was the B Kings Sherif. Judicaverunt Comitem Iohanem 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 Ibidem, b. lin. 1. The third day of the Coun­cil. An Ayd or­dained to be Levyed. third day of his Collo­quium, in which he Ordained, there should be given him of every Plough-land, of all England two-shillings (Kalendis Aprilis Rex C Angliae celebravit tertium diem Colloquii sui, in quo Constituit si­bi Dari de unaquaque carucata terra duos solidos) 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 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.

D

The Second day of April was the 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 Rapin and unjust Exactions of the Archbishop of York, but he gave them no Answer. Gerard de Camvil accu­sed for Har­bouring Thieves, Then by the advice of the Chancellor (as it was said) Gerard de Camvill was acused for receiving Thieves, who had robbed the * Merchants going to Stanford Fair. That they came from him when E 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 Kings Justice, nor stand to the Law concerning the receiving of the Robbers, nor would bring them to Justice. (Praeterea appellaverunt eum Ibid. n. 10. His Answer to his Accusati­on. de Laesione Regiae Majestatis, in eo quod ipse advocationem Justi­tiarum Regis venire noluit, nec Juri stare, &c.) His Answer was, he was Earl Iohns Man, or Feudatarie Vassal, and would stand to the Law in his Court. (Respondet se esse hominem Comitis Iohanis & velle in F [Page 443] Curia sua Juri stare) he was also accused that he was with Force in the assistance of Earl Iohn and other the Kings Enemies when the Castles of Notingham were surprised. Gerard denied all things, and his accu­sers gave security of Prosecuting, and he of Defending himself, by one of his Free-men.

On the same day the King Ibid. n. 20. declared the day of his second Co­ronation A 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 Honors his Predecessors had in England, and also Demanded the Counties of Northumberland, Cumberland, Westmerland, and Lancaster to be restored to him, as the right of his Predecessors. The King Ibid. n. 30. King Richards Answer. answered him he would satisfie him by advice of his Earls and Barons. They staid at B 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 &c.) 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.

C

Yet the King 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, Iocelin Bishop of Glasco, and many other Clercs and Laics of both Kingdoms. That when ever they were summoned to the King of Englands Court, The Bishop of Dur­ham and Sherif of Northumberland should receive him at the River Twede, and bring him to the River Tese, and there the Archbishop of D York, and Sherif of Yorkshire, should receive and conduct him to the Borders of that County, and so the Bishops of the Diocess and Sherifs should Conduct him from County to County, until he came to the Kings Court. And from the Time he Entred England, he was to receive every day of the Kings Purse an hundred Shillings (de Liberatione) of allow­ance or Livery,; and after he came to the King, and so long as he staid there, he was to have every day, (de Liberatione) of Allowance thirty Shillings, and twelve of the Kings fine Loaves or Cakes, (duodecim Wa­stellos E Dominicos) and twelve of the Kings Biscuits, or Simnel Loaves, made of fine Wheat flower and twice baked, duodecim Sime­nellos Dominicos) and four Gallons of the Kings 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 Candels, and fourty great long Candels of the Kings Candels, (& quadraginta longos grossos Colpo­nes de Candela Dominica Regis) and fourscore Ordinary Candels, F and when he returned into his Country, he was to be conducted by the Bi­shops and Sherifs to the River Twede; and to be allowed an hundred shillings a day. This Charter was 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 Kings 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, [Page 444] and the two Maners he had bought of him before his Expedi­tion to Ierusalem, and the greatest part of his Patrimony.

After the Coronation 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 A 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 Ibid. n. 30. The Prisoners taken in Earl Johns Castle were some imprisoned, and others gave security. that were taken in Earl Iohns 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 B Summons in the Kings Court, and standing to Judgment there.

On the 24th of April 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 Archbishops Imprisonment at Dover, as the Chancellors being forced out of England, so as he when he was called to it by the Arch-Bishop should Swear with an hundred Priests his Compurgators (cum C centesima manu sacerdotum jurabit) That he neither Commanded nor desired he should be imprisoned.

That day 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 Warri [...]rs, Horses, and Arms, and landed at Barbfleet; The King of France had besieged Verneuil Eighteen days, and when he heard of his Arrival, fled; the King of D England came thither and repaired and strengthned the Breaches and weak places.

Earl Iohn 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 Ibid. b. n. 10, 20. The two Kings ravage and burn each others Coun­try. on both sides were appointed and met, but could E not agree about a Truce: So as afterward the two Kings de­stroyed one anothers Countrys with Rapin and Burning more then 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 Reliques of the Saints. And this he did because the Citizens had left him, and returned to the Faith and F 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; [Page 445] 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 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 Kings portable Chappel was there taken, and the Charts of all the Men or A Vassals of the King of England, by which they gave themselves up to the service of the King of France and Earl Iohn, against him, (& Chartae universorum Hominum Regis Angliae, qui se dederant Re­gi Franciae, & Comiti Iohanni, contra eum.) He persued 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.) Ibid. n. 50. & f. 422. a. lin. 1.2.3. King Richard persues his victory with succ [...]ss. From thence he went into Poictou, and subdued Geofrey de Ran­ [...]une, B and the Vicecomes of Engolesm, who had declared for the King of France and Earl Iohn.

Upon this success followed a Ibid. 9.10▪ 20. A Truce made for one year. Truce for one year, agreed on by Comissioners 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 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, C 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 Kings Letters, he told the Bi­shop if he would have him execute the Kings Command, he was to Deliver him the County and Castles First, and then he would redeliver E them as the King Commanded. The B [...]shop replyed 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 Maner of Sadbergh, with the Knights 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.

D

About this Time, Ibid. n. 20.30. The Canons of York their Complaint against their Archbishop. The Canons of York complained to Hubert Archbishop of Canturbury, the Kings 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, Geofrey Haget, and William Fitz-Richard a Clerc, to hear and de­termine according to right the Controversie between them.Commissio­ners sent by Hubert to de­termine the Controversie. They heard the Accusations and the Bishops Answer, and Answers of such F 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 Maners, and the Ca­nons are re­stored. & quamvis Archiepiscopus opera eorum warrantizaret, non tamen potuit eos plegiare. Then they summoned him to come and hear Judgment, and because he would not, they Disseized him of all his Maners Except R [...]pon where he [Page 446] 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 Geofrey Haget.

Itinerant Ju­stices so it through Eng­land.In September the King sent Itinerant or Errant Iustices 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 A be found in the 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 Hoved. f. 424. a. n. 20.30▪ 40. Articles con­cerning the Jews given to the Itine­rant Justices. Directed several Articles to the Justices Itinerant about the Iews. That all their Debts and Pawns B should be inventoried, and all their Lands, Rents, and Possessions; and if any Iew 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 Iew to recover the concealment; That is, to have it resto­red. That six or seven places should be allowed where the Iews 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 C and the Clercs of These in all probability were the Ju­stices of the Jews: for in those antient times they had particular Justices assign­ed them by the King. William of St. Maries 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 Iew, 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 Iews another, and the Clercs of William of St. Maries Church, and William de Chimel­li,D 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 Iew, 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 Iews, nor no changing of Charts, but before the E 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 Iews to them for the future, and that the two Iews should have one, and the Keeper of the Rolls one. Also every Iew 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 Iustices sent about that Affair; F and that he would discover all Falsifiers, and Forgers of Charts, all Clippers of Money, where-ever he knew them. Furthermore, Inquisition was to be made, what the Kings Bayliffs 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 prises were taken, and by whom, and of the Chattels or Goods offered, Gifts, and Pro­mises [Page 447] made, by occasion of the Seisin made of the Lands of Earl Iohn, and his Favorers, who received them, and what; and the Delay they received by the Archbishop of Canturbury, then Iusticiary of the King.

A The King 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 Ibid. b. lin. 1.2.3. &c. 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. B And commanded that all who had Charts, should come and renew them at his new Seal.

The King then Ibid n. 10. ordered there should be Torneaments, that is, Tiltings, and Feats of Arms, shewn in These Hasti­ [...]udes or Tilt­ings 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 shew 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 C 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 Kings Chief Justice, appointed Theobald Walter his Brother Collector of this Money.

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. Ibid. f. 428. a. n. 20. A. D. 119 [...]. Earl John is pardoned by the King, and is restored to his Honors and Possessions. And also pardoned E his Brother Iohn, and restored him the Earldom of Moreton, the Honor of Ey, 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, 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 Kings Request was made the Ib. b▪ n. 40. [...]he Archbi­shop Hubert made the Popes Legat. Popes Legat of all England.

D

The next year there happened a Dissention amongst the Ibid. f. 135. b. n. 2. Citi­ [...]ens of London about an Ayd imposed upon them. f. 181. n. 20 A. D. 1196. A Dissention among the Citizens of London about paying an Ayd or Tallage. Matthew Paris says it was a Tallage exacted of them by the Officers of the Kings 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 F the Citizens, and passed beyond Sea to the King, and obtained of him that the ordinary People should be freed from it. Hubert the Archb [...]shop and Kings Justitiary 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 Fayr in Lent some of the ordinary Tradesmen of London were taken by the Kings Justitiaries Warrant; who also commanded [Page 448] 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 smoaked out; and William with the Beard was taken, and A 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 Kings Mercy, and found Sureties for the Peace.

The Archbishop as he thought Hoved. f. 436. b. n. 30. The Archbi­shop begs of the King to ease him of the Secular Government, but was not granted. was over-burthened 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 repented, 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 C serve him, he would not refuse the Labor notwithstanding his Age.

In the year 1197. King Richard made an Assise of Measures, (As­sisa De Ibid. f. 440 b. n. 10. One Assise 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 D 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 Cloaths where-ever they were made should be of the same Breadth, that is, Two Ells within the Lists. And that the Ells 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,E 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 seised into the Kings Hands. The Penalties inflicted upon Transgressors of the Assise. If the keepers of the Assise were negli­gent, and were convicted before the Kings Justices, they were to be in the Kings 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 Fayr at Stanford in Mid-Lent should sell any Cloath that was not Two Yards F within the Lists.

The year following King Richard desired of the 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, &c.) That [Page 449] they would find him 300 Horse (trecentos milites) to remain in his service for one year,The Kings 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 maintein 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, least for the future it might do injury to his Church.

A

The same year the King took an Ayd of Ibid. f. 442. b. n. 50. A. D. 1198. The King takes an Ayd of every Hyde in England. Who were appointed, and the Manner how it was Collected. five shillings of every Carucate or Hyde in England, Eodem Anno Richardus Rex Angliae accepit de unaqua (que) Carucata terrae sive Hyda totius Angliae quin (que) soli­dos de auxilio; and sent into every County, one Clerc and one Knight to Collect it, They were Directed to the Sherif, which three, with certain legal Knights chosen for that purpose, and Sworn faithfully to Execute the Kings Business, caused to come before them the Stew­ards B of the Barons of that County, and the Lord of every Town, or the Baylif of the Town, and the Reeve with four lawfull men of the Town, whether Free-men 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 C they imposed first two shillings, then three shillings, and inrolled them all; whereof the Clerc had one Roll, the Knight another, the Sherif a third, and the Barons Steward a fourth. The money was Received by two Knights, and the Baylif of every Hundred, and they an­swered it to the Sherif, and he according to his Roll answered it at the Exchequer before the Bishops, Abbats, and Barons, assigned for that purpose.

D The 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 Villan (si Rusti­cus Convictus fuerit) he was to give his Lord the best Oxe in his plough, and pay as much of his own to the Kings use, as by his Perjury he had Concealed. If a Free man was Convicted, he was in the Kings 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 Sherif should Distrein their Tenants, and if they did not, so much should E be taken upon their Demeasnes, as the Tenents were in Arrear. All free fees, That is Maners and Military fees belonging to Parochial Churches, and Serjeanties, which were not setled upon Knights Fees were excepted out of this Ayd, What Fees were except­ed out of this Ayd. yet the names of the Serjeants and the value of their Lands were inrolled, and they were Summoned to be at London 15 Days after Whitsunday to hear and do the Kings Command. According to the Estimation of legal men, they which were to give in the Number of Plough-Tilths, allowed to every one F an Hundred Acres. A. D. 1198.

The Monks of the holy Trinity in Canturbury not well pleased with some of Arch-Bishop Huberts Actions, 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 Justiciarie of the Kingdom, and a Judge in Causes of Bloud, and so involved in Secular Business, That [Page 450] 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 tyed to Horse Tayles, Drawn to the Gallows and Hanged.

Upon this Complaint Ibid. n. 40. The Pope sends to the King to re­move him from Secular business. the Pope sent a Paternal Admonition to A King Richard, That for the heal [...]h 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 im­ployment or Administration, and Commanded all Prelates by virtue of their Obedience they should not dare to undertake them. Ibidem. He is set aside. And thus the Archbishop was set aside, and Geofry Fitz-Peter succeeded him in the Government of the Kingdom.

B

They accused him also, 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 indowed 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.) Ibid. & b. n. 20, 40. Pope Innocent much moved at this C Information, writes to him to Demolish the Chapel within thirty days, after the Receit 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 Dyed on the eighth of January, and he was chosen next Day by the Cardinals, being then a Deacon Cardinal, and D not much above 30 years of Age. 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 Arch-Bishop 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 E Kings Power, that he hoped he might overcome all his Adversaries, and therefore seized into the Kings hands all the Revenues of the Monks, and the Oblations made at Thomas Beckets Tomb; and little valuing the Popes Commands, shut up the Monks in their Cloysters. Yet at length by the advice of his friends he Demolished the Chapel at his own Charge.F

The Truce 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 entred one anothers Countries, wasting them with Fire and Sword, carrying many Prisoners away on both sides. 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 Englands people, by pulling out their Eyes, which provoked him to do the like.

[Page 451]At this time Ib. lin. 6. Many Noble men desert him, and adhe­red to the King of Eng­land. The Duke of Lovain, 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 Britany, 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.

A

The Earl 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 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 B many Horse and Foot, and was persued until he recovered his Castle of Vernon.

On the 27th of the same moneth 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 Gisors 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 C between that Castle and Gisors. The French were routed, and their King fled to the Castle of Gisors. When he came upon the Bridge, it was so laden with the Numbers that strove to enter the Castle with him, That it Brake, 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 Ibid. n. 50. & f. 445. a. Mathew Mountmorency, Alan de Rusci, and Fulk de Gilerval, and took them Prisoners. Besides there were taken Ibid. n. 50. & f. 445. a. D above an hundred Knights: The names of above fourty 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 Richards 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 E 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 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 F 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 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 [Page 452] happened the Engagement near Vendosme and Freteval before re­lated.

Next year they came to this Ibid. f. 431. a. n. 40. A. D. 1195. Lewis the King of France his Son to Marry King Richards Neice. Agreement, That Lewis Son and Heir of the King of France should Marry the Sister of Arthur Duke of Britany Neice to the King of England, who was to release to them and their Heirs Gisors, Neafle, Baudemont, and Vexin Norman, also Vernon, Iveri, and Passi, and besides should give them 20000 A Marks in Silver. On the other side the King of France was to 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 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 B to King Phillip was delivered to him, and he presently married her to the Earl of Pontive.

The King of England Ibid. b. n. 10. The Emperor is against King Richards 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 then 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 C very hour of Ibid. n. 20. King Philip promises King Richard a meeting, but fails. meeting the King of France near Verneuil. The Archbishop of Rhemes met him and told him from the King of France, he ought to make so much hast, for he was then busie 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,D 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 Ibidem. The French enter Norman­dy, and ravage and burn Towns and Ships. three Days the French entred Normandy, and made great Ravages there, they burnt 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 E King of England hearing of it, made what hast he could out of Normandy, came thither and entred the Castle, where a great many armed men flocked to him. 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 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 F 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.

[Page 453]After the 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 A he should render to him the Castle of Arches, the Earldoms of Albemarle and Ou, and the other Castles he had taken by War. Ibid. n. 10. The King of England for this was to Quiet-Claim or Release to the King of France Gisors 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 Repented him of this Agreement, and Levied B a great Army, 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 Ransome 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 seised, as being Sureties to him for the 15000 Marks. Ibid. b. lin. 1. Afterwards the King of France took Nonan Court, and John Earl of Moreton the Kings Brother took the Castle C of Gamache.

Andeli sur Seine, or the Isle of Andeli sur Seine belonging to the Archbishop of Roven, was a 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. D 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 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 Favorite of the King of France, was taken, and delivered to the King of England, and delivered him to Robert de Ros to be E safely kept, and he delivered him to his Esquire or Servant William de Espinai to be kept in the Castle of Bon-Ville upon Toke. 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 Traytor to his Master was Hanged upon a Gallows.

On the 19th of May, Ibid. n. 40. A. D. 1196. Earl John de­feats Philip Bishop of Beavais. Iohn Earl of Moreton and Marchades, F 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, [Page 454] 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 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, 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, A 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, Ibid. n. 10. [...]0. Their Plea in the Kings be­ha [...]f. 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 B 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. N. 20.30. The Popes 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 Recompence according to the Estimation of C honest and wise Men, (Secundum proborum & sapientum virorum Ae­stimationem) Saying, It was lawful for Kings and Princes to forti­fie 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, Ibid. n. 40. What the King gave the Archbishop for a recom­pence. the King summoned the Bi­shops, Abbats, Earls and Barons of Normandy together, and gave to D Walter Archbishop of Roven in Recompence 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 Kings Chart and the Popes Confirmation in Col. 701. n. 40. & Col. 702. Ralph de D [...]ceto; by which exchange the Archbishop confesseth the Church got above Five Ibid. Col. 700. n. 30. hundred Pounds.

The same year Hoved. f. 437. b. n. 50. A. D. 1197. He plundered and burnt St. Valeri. Richard came to St. Valeri, and burnt the E Town, and Destroyed the Monks, and carried with him into Nor­mandy the Shrine and Reliques of St. Valerie; in that Port he found Ships from England laden with Grain and Victuals, he hanged the Mariners, burnt the Ships, and distributed the Corn and Victuals amongst his Soldiers.

Then came into King Richard Ibid. f. 438. a. lin. 2. Several Peo­ple Confede­rate with King Richard against King Philip. the People of Champaign, the Flemings, and Britans, they gave Pledges mutually they would F 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 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. Ibid n. 20.30. The King of France made him great Offers [Page 455] to leave the King; but not being able to effect it, he again Capi­tulated with the King of England.

The Sons of Ibidem. Hubert com­poses the Dif­ferences be­tween the Welch Princes. King Rese the Son of Gr [...]ffin, contended after the Death of their Father who should Reign; Hubert Archbishop of Can­turbury A went to the Borders of Wales and made them Friends.

Philip Bishop of Beavais 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.

B The Pope Ibid. b. n. 20. &c. The Popes Answer. writes back to him, That he had put on a Soldiers Armour in stead of a Priests 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 C of, but an insolent Actor in his Kings 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 Ibid. f. 449. a. lin. 4. Liberty 10000 Marks of Silver.

E 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 Battel between Curcels and Gisors; yet in November that 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.

D

These are some of the Battels, 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 Inhumane 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 F a Turn into England.

In the year 1198. Geofrey Fitz-Peter, A. D. 1198. the new Justitiary of Eng­land, sent forth Ibid. f. 445. b. lin. 7. Itinerant Ju­stic [...]s sent forth by the Chief Justi­c [...]y. Itinerant Justices; and Hugh Bardulf, Mr. Ro­ger Arundel, and Geofrey Haget, had committed to them, and jour­neyed through Lincoln, Nottingham, Derby, York, and Lanca­shires, Westmerland, Cumberland, and Northumberland, and [Page 456] held Pleas of the Crown and Forrest. The Articles of Heads whereof see in the Append. N. Appendix with their English version.

There was a Controversie Depending between the Bishop of Dur­ham, A Contro­versie be­tween the Bi­shop of Dur­ham, and Ro­bert Turnham. and Robert de Turnham for the Maner of Clif, which was Tryed before these Justices. At the 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 A 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 Maner of Clif, That is to say, whether he Robert ought to hold that Maner 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 Maner was the haereditary right of the Wife of the foresaid Robert, the Daughter of William Fossard, B and so the Bishop lost that Maner of Clif, which his Predecessors had peaceably injoyed a long time, (multo tempore) 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.

C

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 Ibid. f. 446. b. l. 1. King Richards 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 f. 1133. All Charts to be renewed. Chronological Vindication, &c. That he found most of his Charters to Monasteries renewed in the 7th and 10th years of his Reign, which he had granted in the first, or any other year before it. f. 195. h. 20. Mat. Paris says they were Renewed that year about Mi­chaelmass. D

As it had been appointed, the two Kings met to 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, spake with the King of France as he Sate on Horse-back upon the River Bank. They appointed another day of Treaty; When by the Mediation of Peter of Capua Cardinal E Deacon of St. Mary, and the Popes Legat, 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.

Mathew Paris f. [...]94. n. 40, 50. Mat. Paris his Account of the Treaty. gives a more particular Account of this last F Treaty, and tells us, That after the Battel between Curceles and Gi­sors 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 [Page 457] 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 A quam precibus inductus, Misit &c.) 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 Ibid. f. 195. lin. 1. King Richard refuses to do any thing upon the Popes accou [...] answered with indignation, That he was not of B right, to do any thing upon the Popes 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 Popes Remisness, he was forced to consume a vast Summe of Money, when as the King of France had not only been C guilty of Perjury, but deserved to have had the Sentence of Excomuni­cation pronounced against him: Neither did he know whether he desired a Truce or not.

Then the Ibid. n. 10 The Cardinal advice to King Richard. Cardinal calling the King aside, and injoyning him secresie, 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 D the Popes 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 Popes favor 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 E and sell one with another.

After this Truce King Richard Paris f. 195. n. 30. & Hoved. f. 449. b. n. 10, 20. King Richard wounded in the Arm by an Arrow. He Dyed of the Wound. went into Poictou and the parts adjoyning, to settle his Affairs there; Widomar the Viscount or Sherif 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 Limoges belonging to that Vicecomes, he Besieged it, and F there received a wound in the Arm by an Arrow from a Cross-Bow, whereof he Dyed on the 6th of April 1199. When he found himself ill, and Despaired of Life, he Ibid n. 30 40. He devised the Kingdom of England, &c. to his Brother John Devised to his Brother Iohn 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 Gemms and Jewels) omnia Baubella sua, he gave to [Page 458] 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 Kings Reign. f. 439 b. n. 40. It was in the Keeping, and under the Government and Direction of Earl Johns Deputies and Officers.

A

Church Affairs.

THere was little done in Church matters in this Kings Reign. Hu­bert Archbishop, went to York to correct and amend all things B that were amiss in that Province, and on Hoved. f. 429. b. n. 10, 20. A. D. 1195. Hubert recei­ved at York only as the Popes Legat. He caused Assises to be held there. St. Barnaby's Day he was met by the Clergy in Solemn Procession, as the Popes Legat, but not as Archbishop of Canturbury or Primat, and brought into the Cathedral Church there. On the Monday following he caused Assises 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 C Antecessorum, per Ministros suos; ipse vero & Officiales sui tenu­erunt placita Christianitatis; which were dispatcht in that one day.

In two following days, which were Wednesday and Thursday, with the Clergy of the Province, he held a famous 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 D the only Ecclesiastic Council I find in England in this Kings Reign. But in Normandy the Clergy obteined their wishes and desires of King Richard, and the Church there was freed from Servitude as they called it. Mat. Paris says 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 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,E unless for Murther, 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, &c. 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 Append. n. [...]9. Appendix, and 'tis not to be doubted but this Ʋsurpa­tion F 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 Iohn.

Taxes and Moneys Raised in this Kings Reign.

A Scutage Lib. Rubr [...] in Scaccario. A Scutage o [...] ten shillings for every Knights Fee. for Wales of ten shillings every Knights fee in the first year of his Reign, which probably happened upon this Account. Richard was Crowned September the 3d. In Hoved. f. 377. a. l. 6. A. D. 1189. October A Rhese Fitz-Griffin King of South-Wales came into England as far as Oxford Conducted by Earl Iohn 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 Ayd gran­ted for the ex­pedition into the Holy-Land. two Saddle-Horses, B and two Sumpter-Horses were taken of every Ibid. f. 378. b. n. 50. A. D. 1190. City, of every Abby one Saddle-Horse, and one Sumpter, and of every of the Kings Maners as of the Abbies for an Ayd.

For his Ransome when Prisoner to the Emperor; Ibid. f. 4 [...]3. b. n. 10. f. 416. b. l. 1. A. D. 1193. A Tax for the Kings Ran­some. Of every Knights Fee 20 s. The fourth part of the Rents of the Laics, (That is of the Husbandmen or Tenents) a fourth part of the Rents of some Clercs, and a tenth of others; all the Gold and Silver the Churches had, C and all the Wooll of that year of the Cistertian Monks, and the Order of Semplingham.

Carucage Ibid. f. 419. b. lin. 1. A. D. 1194. An Ayd for his expedition into Norman­dy. of every Plough-land two shillings, of the Husband­men or occupiers of every Knights Fee a third part of the service, for his Expedition into Normandy, the King Demanded all the Wooll of the Cistertians this year also, for which they made a fine or Com­position in Money.

D

For Liberty of 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 Ibid. f. 436. b.n. 30. A. D. 1196. 1100000 Marks raised by Hubert the Kings Justici­arie. Thousand Marks Raised in two years A. D. 1195, 1196. but not said how, by Hubert Archbishop of Canturbury the Kings Justiciarie, for the Kings use.

E

An ayd of five shillings Ibid. f. 412. b n. 50. A. D. 1198. The Occasion of these Taxes. of every Carucate of Plough-Land.

The cause of this great Tax, besides the Kings Exigencies abroad might be two Expeditions into Wales this year, Ibid. f. 440. b n. 50. A. D. 1198. one by Hubert Archbishop of Canturbury when he was Justitiary about Christmass, when he turned out the Constables of the Castles of Hereford, Bridg­north and Ludlowe, and put in others to keep them to the Kings F Ʋse. Ibid. f. 444. a. n. 40. A. D. 1198. The other by Geofrey Fitz-Peter, to the assistance of William de Bruosa an English Baron, whom Wenhunwin son of Cadwalan had Besieged in Maud Castle, where above 3000 welch were in fight and slight.

Much Money was Raised by Seizures, Fines, and Compositions, and the Sale of his Demeasnes.

His Issue.

By the Procurement of his Ibid. fol. 392. a. n. 10. Mother Alienor, he Married Be­rengaria Daughter of Sanctius King of Navarre in the Isle of Cyprus Ibid. f. 394. a. n. 10. A. D. 1190. on the 12th of May, and there was Consecrated and A Crowned Queen of England by Iohn Bishop of Eureux with other Forreign Bishops his assistants, but by her he had no Issue. She was with him in the Holy Land, and came as far as Sicily in her passage to England: But afterwards we hear not of her, until the third of King Iohn when he compounded with her for her Dower.

Philip he had, a Base Son as Hoveden f. 452. b. n. 30. affirms, to whom he gave the Castle and Honor of Cuinat, but of whom begotten, or B when and where born he saith not. Philippus filius Richardi Regis Angliae Nothus cui praedictus Rex pater suus dederat Castellum & Hono­rem de Cuinac, &c. Other Issue of his I find not, or what became of this Philip.

CDEF

THE A REIGN OF B King John.

AFTER the Death of King Richard Hoved. f. 450. b. n. 10. A. D. 1199. Iohn Earl of The old Monks never call any one King of Eng­land, or Duke of Normandy, until Crown­ed or invested; for it was their opinion he was not so, and that he Received his Kingship, &c. from his Con­secration, Un­ction and Co­ronation, and by that means from the Archbishop as an Instrument, and the Church of Rome, as the Original of it, and all Secu­lar Govern­ment. More­ton the fourth and youngest Son of King Henry the Second came into Normandy and presently sent Hubert Archbishop of Canturbury, and William Marshal Earl of Striguil C into England, who with Geofrey Fitz-Peter the Justiciary, and other Barons were to Keep that Nation in Peace. Out of Normandy he went to Chinon in Tourain where was the Treasure of his Bro­ther in the Keeping of Robert de Turnham, who delivered it to him, with the Castles of Chinon and Saumur and other Castles.

At the same Ibid. n. 20. The Nobility of Normandy adhere to Ar­thur Duke of Britany. time his Nephew Thomas de Furnes Delivered the City and Castle of Angers to Arthur Duke of Britany; for in a Convention of the Chief men of Anjou, Tourain and Main, They E acknowledged it to be the right and Custom of their Countries for the Son of the Elder Brother to succeed in the Patrimony due to him, and That Arthur ought to possess the Inheritance which his Father Geo­frey should have had, if he had out-lived his Uncle Richard; and therefore owned and adhered to him as their Liege Lord, and Delivered to him Anjou, Tourain, and Main. 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 D seised his Citys, Castles and Fortresses, and placed in them Castellans, and Governors of his own.

In Revenge Ibidem. John Earl of Moreton takes and demoli­shes Main. Iohn Earl of Moreton came to Main, took the City and Castle, and Demolished the Walls of the City, the Castle, and all the Stone Houses, and made many of the Citizens Prisoners; for that they had received Arthur contrary to the Fidelity made to him. From thence he went to Roven, and on the 25th of April [5] was girt with the Sword of the Dukedom of Normandy by Walter F Archbishop of that City. And he Swore before the Clergy and Laity (coram Clero & populo) upon the Reliques of Saints, and the holy Gospels: * That he would preserve from Injury holy Church, and the [Page 462] 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 Ibidem. n. 40, 50. The Nobility and Free Te­nents of Eng­land Swear Fealty to him. Caused the men of the Kingdom or Government (fecerunt homines Regni) as well of Cities as Burghs, and Earls, Barons, and free Tenents, to swear fealty and peace to Iohn Duke of Normandy, the Son of King Henry, the Son of A 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 B other Earls and Barons, and there assured them, that Duke Iohn would restore to every one their right. Upon that See Exact History of Succession fol. Bargain or Con­dition, (sub hac igitur conventione) the foresaid Earls and Barons swore Fealty to Iohn Duke of Normandy, and faithful Service against all men.

William King of Scots sent his Ibid. f. 451. a. lin. 2. The King of Scots sent En­voys to de­mand his Pa­trimony of Duke John. But are deny­ed passage in­to Normandy. Envoys to Duke Iohn to de­mand his Patrimony, That is, Northumberland and Cumberland, C with their Appertinencies, and promised then to swear fealty and faithful service to him against all men. But the Arch-Bishop, Wil­liam Marshal, and Geofrey Fitz-Peter would not suffer them to pass into Normandy, and sent to him by his Brother David, That he should wait patiently until he came into England. The like Message Duke Iohn sent to him by his Son in Law Eustachius de Vesci, That in all things he would satisfie his Requests, when he came into England, if in the mean time he kept the Peace.D

On the 25th of May Duke Iohn 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 f. 375. B. C. History of the Succession of the Crown.

E

The same day King Iohn Hoved. f. 451. a. n. 40. The antient 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 Ibidem. Hubert Archbishop of Canturbury his Chan­cellor.

F

The King of Scots Ibid. n. 50. The King of Scots renew­eth his De­mands. by three Priors of his own Nation Re­neweth his Demand of Northumberland and Tumberland, and made the same promises, King Iohn Answered them, That when their Lord the King of Scots his Dear Cousin came to him, he would do what was just concerning that, and all his other Demands; Ibid. b. lin. 5. And sent Philip Bishop of Durham to meet him, hoping he would [Page 463] come, having sent Roger Bishop of St. Andrews, and Hugh Male­vise for him, and went himself to Nottingham at Whitsunday, and staid in those parts in Expectation of him, but he would not come; he only sent back the two Messengers to him, with demand of the two Counties, and to let him Know, if he denyed his demands, he would endeavor to acquire them by force, and expected his Answer within Forty Days. In the mean time King Iohn committed A Northumberland and Tumberland with their Castles to the keeping and defence of William Stutevil.

And having dispatched his Affairs in England passed into Nor­mandy, and landed at Diepe, King John passeth into Normandy. and was at Roven on 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 B the 16th of August) and here Philip Earl of Flanders did Homage to King Iohn six days before that Feast, Philippus comes Flandriae devenit homo Regis Iohannis apud Rothomagum, &c.

Henry Ibid. f. 452. a.n. 10. France and Normandy in­terdicted. Earl of Namur brother to Philip Earl of Flanders, Peter of Donay a Famous Soldier, and his Brother the Elect of Cam­bray, were taken by some of the French Kings Soldiers and delivered to him. Peter of Capua a Cardinal and the Pope's Legat interdicted C France for the taking of the Elect of Cambray, as also Normandy for the Detention of Philip Bishop of Beavais, and before he would release the Sentence, the King of France was forced to Release the Elect, and King Iohn the Bishop of Bravais, But because he was ta­ken in Arms, he gave King Iohn 2000 Marks (Paris f. 198. n. 50. says 6000) and took an Oath never to bear Arms again, against Christians.

Philip King of France Hoved. f 452. a. n. 10.20. The King of France Knighted Ar­thur Duke of Britany and received his Homage. Knighted Arthur Duke of Britany, D and Received his Homage for Anjou, Poictou, Tourain, Main, Bri­tany, and Normandy. In the Morrow after the Assumption of St. Mary (August 16th) the two Kings treated two Days by their Com­missioners between Buravant and Ga [...]llon, and the third Day they spake by themselves, but the King of France shew no Kindness to the King of England; and the reason was because he had possessed himself of Normandy, and other Countries without his Licence, whereas he ought first to have come to him, and demanded his Right E and done him Homage.

In this Treaty Ibid. n. 30. His Demands of King John. the King of France Demanded all Veuxin, That is all between the Forest of Lions, the Seyn, the Isle of Andeli, and the River Ept. Affirming that Geofry Earl of Anjou, the Father of Henry, Son of Maud the Empress, had given it to Lewis the Gross King of France for his assistance in gaining Normandy from King Stephan of England. And Demanded that Poictou, Anjou, Tou­rain, F and Main might be rendred to Arthur Duke of Britany, and made other Demands the King of England could not Grant,King Richards riches adhe­red to King John. and so they Departed. The Earls and Barons of France that had adhered to King Richard, became the men of King Iohn, and Sware to him they would not make Terms with the King of France unless with his Consent, and he Swore to them he would not make Peace with him unless they were comprehended in it.

[Page 464]In October the King of France Ib. b. l. 1. took the Castle of Balun, which was taken ill by William de Rupibus, (or Roche,) General of Duke Arthurs Forces, was sent to him, that there was no such Agreement between his Lord Arthur, and him. The King re­plyed, he should not omit to do his pleasure, notwithstanding his Lord Arthur, and then went and besieged Lavardin, Ibid. l. 7. but hearing the King of England was coming with his Army left A the Siege, and marched to Mans; King Iohn followed him, and he left that place. In the mean time William de Roche, had craftily got­ten Arthur out of the Ib. n. 10. Arthur recon­ciled to King John, and made Gover­nor of Mans. custody of the King of France, and reconci­led him to his Uncle King John, and delivered to him the City of Mans, of which he was made Governor by them both; and the very same day it was told Duke Arthur, that King Iohn would put him in prison; whereupon he and his Mother that night made their escape to Angers. Paris f. 198. n. 30. says, he went privately to the King of France. B

William Hoved. f. 453. a. n. 30. A. D. 1199. William King of Scots admo­nished by a Revelation not to invade England. King of Scots, in pursuance of his Claim to the Counties of Northumberland and Cumberland, raised an Ar­my with intention to invade England, but coming to the Shrine of St. Margaret, sometime Queen of Scotland, which was at Dunfermlin, where he stays all night, he was admonished by a Revelation in his Sleep, That he should not invade England with his Army, and so he permitted it to depart home, or discharged it.C Permisit exercitum suum Domum redire.

After Christmass the two Hoved. f. 454. b. n. 10.20. A. D. 1200. A Treaty be­tween King John and King Philip. Kings met at a Treaty between Andeli and Gaillon, in which Treaty they agreed, That Lewis, Son to the King of France should take to wife Blanch the Daugh­ter of Alfonso, the Eighth, King of Castile, King Iohns Niece, with whom he was to give, and quiet claim the City of Eureux, and the whole Earldom, and all the Fortresses and Castles which D 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 Popes procurement; but the execution of these points was delayed until the Octaves of, or Eight days after Midsummer; after the Treaty King John sent his Mother Alienor to Alfonso, King of Castile, for his Daughter that was to be mar­ried E to Lewis, An Ayd of 3 [...]. every Plough-land. Son of Philip King of France; and in the mean time he passed into England, and took of every Plough-land of all England, Three shillings for an Ayd, Et cepit de unaquaque Carucata totius Angliae tres solidos de auxilio. In Lent he went to York, ex­pecting the King of Scots would meet him there, but he came not, and then he returned into Normandy.

In the mean time Ibidem. f. 456. a.n. 30. A. D. 1200. his Mother Alienor had brought her Grand­child F and his Niece Blanch as far as Burdeaux. The old Queen, wearied with the length of the Journey, took in at the Abby of Font-Ebrald to refresh her Self,Articles of the Treaty be­tween the two Kings executed. and the young Lady passed on under the Conduct of the Arch-Bishop of that City into Normandy, and was by him delivered to her Uncle King Iohn. Eight days after Midsummer, as it was appointed, the two Kings met and Treated, [Page 465] (Convenerunt ad Colloquium) in which Treaty the King of France delivered to King Iohn the City of Eureux, with the Earldom, and all the Castles, Cities and Lands he had possessed himself of by War in Normandy, and the other Dominions of the King of England, and King Iohn presently became his Man, or did him Homage Ibid. n. 40.50. King John doth Homage to King Philip. & Iohannes Rex Angliae statim devenit inde homo Philippi Regis Franciae, and forthwith gave all these things to Lewis his Son in A Marriage with his Niece, who the next day were Married in Nor­mandy by the Arch-Bishop of Burdeaux, in the presence of many Bishops and Religious persons, and many Earls and Barons of France, which was then under the Sentence of Interdict for the Kings Repu­d [...]tion of Isemburg of Denmark. The same day the 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 Ʋncle King Iohn, by consent of the King of France, for Britany, and his other Countreys; but was deliver­ed B by him to the King of France in custody.

And that this Peace might remain the more firm, the particulars of it were put in writing, and it was Agreed, that if in any thing,The conditi­ons of the Treaty be­tween the two Kings. the King of France did violate it, then the Barons of France, which he assigned his Fide-jussors, or Security, for the preservation of it, and their Men or Homagers, were to be free from the Fealty they ought him, and were obliged by Oath to go into the service of the King C of England to assist him; and in like manner the Barons of the King of England, that were his Ʋndertakers and Security, obliged them­selves to desert him, and help the King of France, and were freed from their Fealty, if he brake it. The particulars of this Peace are now of small moment, unless that they shew the manner of Estates, and way of Living was then the same all France over, in Normandy and in England; and perhaps in most parts of Europe. That part which the King of France executed, and remained with the King D 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 Tryal about the Title of a Baro­ny, which Hoveden hath misplaced,A Tryal about the Title of a Barony. for it was before the King when he was in England, before he returned into Normandy to Marry E his Niece, and perfect the Treaty which he had begun with the King of France. Soon after Christmass, as appears by the day and time when it was, and for many circumstances, and particulars in it., may not be unworthy the relating.

VVilliam de Stutevill Ibid. n. 20, 30, 40, 50. gave King Iohn three thousand Marks of Silver, to have a Judgment, or determination concerning the Barony of VVilliam de Mowbray, which he claimed against F him him in the Kings Court. For that Robert Grundebeof, the great Grand-father of that VVilliam Stutevill had that Barony from, or by the Acquest of England (de Adquisitione Angliae.) But that Ro­bert Grundebeof leaving King Henry, Son of VVilliam the Bastard, who conquered, or subdued England by the Sword, (Qui Angliam B [...]llo sibi subjugavit) and adhering to Robert Curthose Duke of Nor­mandy, claiming the Kingdom of England (De Jure paterno) by [Page 466] Right from his Father, against Henry his younger Brother, who was taken prisoner in the Battle between them at Tenerchebray in Normandy, and kep in prison to the end of his Life; as also was Robert de Grundeveof, whose Barony King Henry gave to Nigell de Alvery, the great Grandfather of VVilliam de Mowbray. This Barony Robert de Stutevill, Father of the said William de Stu­tev [...]ll, claimed in the time of Henry the Second against Roger de Mowbray, Father of the said William de Mowbray, and they came A to this agreement, That Roger de Mowbray gave to Robert de Stute­vill Kirkeby in Moresbevev, with their Appertenances, for Ten Knights Fees, and for the Release of his claim; but because this was not con­firmed and strengthened in the Kings Court; The foresaid William Stutevill renewed the controversy concerning that Barony, in the Court of King Iohn. And the matter had been long discussed, at length by the Counsel of the Kingdom, and Will of the King, (Consi­lii Regno, The determi­nation of the Controversy. & voluntate Regis) Peace, and final Concord was made be­tween them in this manner: That William de Stutevill renounced B his Claim to the Barony, and William de Mowbray gave to him for his Homage, and renouncing his Right, nine Knights Fees, and twelve pounds Rent by the year, and so releasing all Plaints or Actions on both sides (Et sic remissis omnibus Querelis hinc & inde) they were made friends before King Iohn, A. D. 1200. (facti sunt amici coram Iohanne Rege Angliae) in the Second year of his Reign at Louth in that Division of Lincolnshire, called Lindsey, on the first Sunday of C Septuagesima, That is, Sunday forthnight, before Shrovesundy.

Presently after the Ibid. f. 457. l. 4. King John Di­vorced from his Wife. Peace before-mentioned was made between the King of France and King Iohn, he went with a great Army into Aquitan, and found none that resisted him. Ibid. n. 10. The same year he was divorced from his Wife Hawis; or Avis, Daughter to Wil­liam Earl of Glocester, by Elias Arch-Bishop of Burdeaux, William B [...]shop of Poictiers, and Henry Bishop of Sainctes, for that they D were related in the third degree of Consanguinity. Being thus divor­ced by the advice of his Lord Philip King of France, He is Married to Isabell, Daughter to the Earl of Engolesme. he Married Isabell the Daughter of Aymer Earl of Engolesme, whom he had first given by the request, and direction of King Richard, to Hugh le Brun Earl of Marche; they had promised one another, and were betrothed, but because she was not of years of Marriage, Earl Hugh would not Marry her in the face of the Church; and her Father perceiving King Iohn had an affection for her, he took her from Earl E Hugh, and gave her to him, and they were Married at Engolesme, by the Arch-Bishop of Burdeaux.

The same year Ibid. f. 458. a. l. 5. &c. A. D. 1200. the Earl of St. Giles doth Homage to King John. the Earl of St. Giles did Homage to King Iohn, for the Lands and Castles which King Richard had given him in Marriage with his Sister Ioan, so as his Son Raymund by her, should have them, and do Homage to his Ʋncle Iohn, when he came to years of Discretion; and if he should decease without Issue, then F they were to revert to the Earl of St. Giles, and he and his Heirs should hold them by Hereditary Right of the Earl of Poictou, by the service of coming with 500 Knights or Horsemen to him, for one Moneth at his own charge, whenever he went with his Army into Gascony, but if he staid longer, they were to remain at the charge of the Earl of Poictou. From Ibid. n 10. thence King Iohn went to An­gers, [Page 467] and took One hundred and fifty Pleges or Hostages for their Fidelity, and put them in Custody, and the same year King Iohn took of Ibid. n. 20. Walter Arch-Bishop of Roven i. e. 200 l. English. 600 pounds of Anjou Money to confirm by his Chart all those things which King Ri­chard had given him in Exchange for Andeli (to wit) The Town of Diepe, with its Apertinences, and Lovers with its Apertinences; the Forest or Wood of Aliersmont, and the Mills of Robech.

A

The Pope sent Cardinal Ibid. f. 461. n. 1. Octavian Legat into France to hear and determine the Cause of Divorce between the King of France and his Queen Botilda, (as Hoveden calls her) The French Writers name her Happily she might have two, and both these Names: du Serres calls her Gelberge; Rigord calls her Ysamburg. Isemberg, with this direction, That first before he heard the Cause, he should compell him to put away his German Adulteress, and receive Botilda or Isemberg, and treat her like his Wife; (ut ipse imprimis ante Ingressum litis compelleret Regem B Franciae dimittere Adulteram suam Teutonicam, &c.) On the Vigil of the Nativity of the Virgin Mary, or 7th. 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 C to be so, and required they might be divorced. The Cardinal gave him the time of six Months, six Weeks, six Days, and six Hours to consider of it; and appointed the place of Hearing the Cause at Soissons according to the Queens desire. Ibid. n. 20. The Interdict released. France by procurement of the King of Denmark was under an Interdict for the Kings Re­pudiating his Queen, which, so soon as he received her again, was released by the Cardinal.

D In the middle of Ibid. f. 462. b. n. 20.30. &c. King Philip demanded to be Divorced. Lent next following, Philip and his Queen met again before the Legat at Soissons, and the King by his Lawyers demanded to be Divorced for the reason before-mentioned. On the Queens behalf there were present several Bishops, and other honest and discreet Men (Et alii honesti viri & disereti) sent from her Brother Cnute King of Denmark, who after Security given them, that they might freely answer, allege, and safely return home; they said the King of France had sent to the King of Denmark, E to desire his Beautiful Sister in Marriage, and that she might be sent to him, which by advice of the Great Men of his Kingdom was done. That the Messengers which came for her did Swear on behalf of the king, and for themselves, That she should be honorably used as a Queen, and of this they could produce his Chart, and the Charts of the Great Men that came for her, and therefore Appealed them of Perjury and breach of Faith before the Pope. They also Appealed from Cardinal Octavian the Judge, to the Pope, for that he was re­lated F to the King of France, and would favour his Cause; and the Queen likewise Appealed, which when Octavian had heard, he desi­red them to stay a while until his Collegue came, that was joyned in Commission with him from the Pope, and he should hear and de­termine the Matter; after three days he came, and did hear it, and found no cause of a Divorce between them, of which the King of France having notice,He could not obtain it. and that he would give a definitive Sentence [Page 468] against him, he departed before he had pronounced it, and carried his Queen with him, and put her into more streight Custody than before.

In the Ibid. f. 4 [...]1. a. [...]. 30.40. King John and Queen Isabel Crowned. moneth of October King Iohn having setled his affairs in Normandy and his other Transmarine Countries, came into Eng­land, and brought with him Isabel his Wife, and upon the eighth Day of that Moneth they were both Crowned at Westminster by Hubert Arch-Bishop of Canturbury. A

Presently after his Ibid. b. lin. 4. & n. 10.20.30, 40. He sends to the King of Scots to meet him at Lincoln. Coronation King Iohn sent Philip Bishop of Durham, Roger Bigot Earl of Norfolk, Henry de Bohun Earl of Hereford, David Earl of Huntington, Roger de Lasci Constable of Chester, William de Vesci, Roger de Ros, and Robert Fitz-Roger Sherif of Northumberland, to William King of Scots with Letters Patents of safe Conduct, and to wait upon him into Eng­land, to meet King Iohn at Lincoln on the Morrow after the Feast B of St. Edmund; the King (November 21st) they met accordingly, and the next day, they came to a Treaty or Parley upon a steep Hill (convenerunt ad Colloquium super Montem arduum) without the City, and there in the view of all the people, William King of Scots be­came King Iohns Man, The King of Scots doth Homage to King John. or did homage to him, as it was his right, or for his right, (Willielmus Rex Scotorum, devenit homo Regis Iohanis de jure suo) and Swore Fealty to him upon the Cross of Hu­bert Archbishop of Canturbury to preserve his Life, Limbs, and Ter­rene C honor against all men, and keep Peace toward him and his King­dom, saving his own right. These being Witnesses, Hubert of Can­turbury, Iohn of Dublin, Bernard of Raguse Archbishops; Phi­lip of Durham, William of London, Gilbert of Rochester, Eu­stacius of Ely, Savaric of Bath, Herbert of Salisbury, Godfry of Winchester, Giles of Hereford, Iohn of Norwich, Roger of St. Andrews, Henry of Landaf, and Roger of Bangor Bishops; Geo­fry Fitz-Peter Justiciary of England Earl of Essex, Roger B [...]got D Earl of Norfolk, Hamlin Earl of Warren, Baldwin de Behun Earl of Albemarle, William Earl of Salisbury, Henry de Bohun Earl of Hereford, Richard Earl of Clare, William Earl Ferrers, David Earl of Huntington, Rolland or Rowland Son of Huctred, Son of Fergus Prince of Galway, Patrick Earl of 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,E Roger Constable of Chester, Eustachius de Vesci, Robert de Ros, William de Stutevill, Ralph Chamberlan of Tanquervit, Warin Fitz-Gerold, Stephan de Turnham, Seneschal of Anjou. Robert his Brother, Gilbert Basset, Thomas and Alan his Brothers, Roger of Hutingfield, Sayer of Quinci, William of Hastings, Iolan de Nevill, Simon de Chanci, Girard de Camvil, and many other Barons of England and Normandy.

F

After King Ibid. n. 40. His demands of King John. William had done his Homage, he Demanded of King Iohn his Lord Northumberland, Cumberland, and West­merland, as his right and inheritance, and when they had long Dis­coursed the matter, and could not agree, the King of England de­sired time to consider of it until Whitsunday following;A. D. 1200. and early on the morrow Morning (Novemb. 23d.) the King of Scots returned [Page 469] toward his own Country under the Conduct of the same persons that brought him into England.

King Iohn kept his Christmass at Guilford, where he distributed many fine Cloaths to his Knights or Military men. Mat. Paris f. 205. n. 50. Hoved. f. 464. b. n. 10. The Arch-Bishop did the same at Canturbury, as it were vying and contending with him in the magnificence of that Solemnity, which not a little A moved the Kings Indignation. Ibid. & 20.30. A. D. 1201. King John and his Queen made a pro­gress through most of Eng­land. After Christmass the King with his Queen went into the North as far as Northumberland, and made a Progress through much of England, and fined many men for wa­sting his Forests. The Historian names several particular places, and days, and nights, where the King was, and lodged, in this progress or perambulation; which takes off the incredibility of the Journey, to have been undertaken at that time of the year.

B At Easter Ibid. f. 465. b. lin. 1. which happened that year on our Lady Day the King and Queen Isabell were at Canturbury, and there Crowned by Hu­bert Archbishop of Canturbury in the Cathedral, in the presence of Iohn Arch B. of Dublin, William Bishop of London, Gilbert Bishop of Rochester, Eustachius Bish. of Ely, and Iohn Bish. of Norwich. 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 C prevailed against their Governors, and Besieged their Castles; Wa­rin de Glapion Seneschal of Normandy, by order of King Iohn Be­sieged the Castle of Dancourt, which King Richard had given to Ralph de Isondon Earl of Ou, Brother of Hugh le Brun. But Phi­lip King of France hearing of the King of Englands preparations, raised the Sieges before he came into Normandy. 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 D Sea, unless he would Restore to them their Right. 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 Ibid. Ho­ved. f. 466. a. lin. 5. or some time before King Iohn sent Geofry Bishop of Chester, Richard Malevisse, and Henry de Putearo (Pudsey) to the King of Scots, That the time of Giving his An­swer E about Northumberland, &c. might be put off until Michaelmass: Ibid. n. 10 He passes over into Norman­dy, and treats with King Philip. In Whitsun week he and his Queen Sayled from Portsmouth, and landed in Normandy; and presently there was a Treaty between him and the King of France near the Isle of Andeli, and they agreed well between themselves, no man knowing the subject of their Dis­course, and within three days King Iohn was invited by the King of France to his Palace at Paris, where he was splendidly and hono­rably entertained; from whence he went to Chinon; Ibid. & n. 20. where F 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 Ibid. f. 467. b. n. 30. He gave Beren­gara King Ri­chards Relick, a large Dower. Bayeux with its Appurtenences, two Castles in Anjou, and a 1000 Marks Sterling every year, 500 to be paid at the Exchequer in England, and 500 at the City Caen in Normandy, for her Dower.

[Page 470] King Iohn had a Design to Ibid. f. 468 a. n. 30.40. His Design to Appeal the Barons of Poictou of Treason. Appeal the Barons of Poictou for Treason against his Brother Richard and himself; and had hired many men, who had been taught the Art of Duelling; (who with­out doubt he intended should Appeal them, or at least be his Cham­pions,) Sed Barones Pictaviae inde praemoniti ad Curiam illius ve­nire Noluerunt, Dicentes, Quod nemini Responderent nisi pari suo. But the Barons being forewarned, would not come to his Court, saying A 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 Ibid. n. 20. other the Kings Iustices went to Boston Fair, intending to Seize to the Kings use all Woollen B Cloaths that were not two Ells within the Lists according to King Richards Assise or Statute. The Merchants so prevailed with the Justices, that their Cloaths were not Seized, nor the Assise of King Richard to be kept concerning the Breadth of Cloath, or the Mea­sure of Grain,King Richard [...] Assise for the Measure of Cloath and Grain made void by the Justices. so as for the future they might make their Cloaths as Broad and Narrow as they pleased; from whence to the Damage of many, the Justices procured a great Summe of Money to the Kings use.C

This Year the 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 Diocess did the same. 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 Ierusalem 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 D 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 Ierusalem, 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 Lay-men of his Dominions (& prae­cepit E quod omnes Laici, &c.) should give a fortieth part of all their Rents, as an Alms, for the Relief of the Land of Ierusalem. Where­upon Geofry Fitz-Peter then Chief J [...]sticiary of England, wrote 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 Mat. Paris f. 207. lin. 2. King Philips Demands re­fused by King John. Parleyed near the F 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 Britany, Normandy, Tou­rain, Anjou, and Poictou, and Exacted of him many other things which King Iohn refused to do. The day following, the King of France attacqued the Castle of Butavant, took and Demolished it, [Page 471] from whence he went to Ou and took that Town,He besieged, took, and de­molished ma­ny of King Johns 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, Ibid. n. 10, 20. and sent Arthur, and the Governors he placed over him with two hundred French Knights into Poictou to subdue that A Country, or by hostile incursions to make it submit to him; in their March they were told Queen Alienor Mother to King Iohn, 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 obtein, 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 Iohn, in Respect of Isabel his Queen,Queen Alienor reduced to great streights by Arthur. B 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 streight 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 then it was believed he could be there. The French and Poictovins went to meet and give him Battel; the King put them to flight, and pressed so hard upon them, as he entred the Castle with them, where C 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 Ibid. n. 40. Castle of Arches, and D Battered it fifteen days, but hearing of Arthurs misfortune, he rai­sed the Siege and went to Paris, and did nothing more that Year.

After a short time King Iohn went to 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 Honors to quit the King of France, and stick to him as his Lord and Ʋncle, but he answered him E 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 injoy Peace unless he Restored them. King Iohn 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. Ibid. f. 208. n. 10. And it presently began to be the Opinion of France, and the suspicion of all Transmarine Countries, That King Iohn Killed him with his own hands; whence many F were averted from him, and persued him with an irreconcileable Hatred.

This Year the King caused to be proclaimed Ibid. n. 20. A. D. 1202. A legal Assize of Bread to be observed. a legal Assise of Bread, to be inviolably observed under pain of Pilloty, as it was tryed 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 [Page 472] 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 half-peny, and for Yest or Beer-good an Half-peny, for Candel a Farthing, for Fagots three pence, and for Bulter and Sieve an Half-peny. 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 A twenty four shillings; when Wheat was at Eighteen pence the Quar­ter, then a Farthing White-loafe was to weigh sixty four shillings, and a Farthing loafe 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 Assise did rise and fall, as the price of Wheat did rise and fall, accor­ding to six pence in every Quarter; and this Assise was Proclaimed B through the whole Kingdom.

The King kept his Ibid. n. 40, 50. A. D. 1203. King Johns Luxury and Negligence. Christmass 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, somnos (que) matutinales usque at prandendi Horam protraxit. After Easter the King of France raised a great Army, and took many of his Castles; C The places of strength he kept up, the others he levelled with the ground. King Iohn was told what the King of France had done, he only Replyed, let him alone, whatever he now takes, I will one day have again. The English Nobility ob­tein leave to go home. The English Earls, Barons, and other Noblemen, hearing what he said, and observing his irremediable Sloth, obtained f. 209. lin. 2. leave to go home, and left him but with few Knights or Military men in Normandy. Hugh de Gournay yeilded to the King of France the Castle of Montfort with the whole Honor, which King Iohn had D 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,E 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 F some Normans revolted from the King of England, and others dissembled and staid with him.

[Page 473] King Iohn 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 Taxe spare Conventual, or Parochial Churches.

A

For he had (saith the Monk) Ibid. n. 30. Hubert and Fitz-Peter were the in­struments of his Rapine. those who Executed this Rapin upon the Ecclesiastics, Hubert Archbishop of Canturbury; and upon the Laics Geofry Fitz-Peter Iusticiary of England, who spared no man in this Execution. (Qui in Executione dicta Nulli pepercerunt.)

The King of France taking his Ibid. n. 30, 40. King Philips attempt to bring his transmarine Dominions under his obe­dience. advantage when King Iohn was absent, came with great Force before the several Citys and Castles B of his Dominions, declared to the Citisens 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 yeild. 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 C 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 Citys and Castles to him.

On the Morrow after Ibid. [...]. 50 A. D. 1204. A Parliament called at Ox­ford, and an Ayd 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 Ayd D of two Marks and half of every Knights Fee, nor did the Bishops or Ab­bats, or Ecclesiastic persons depart without promise of the same.

The Knights that were in the City of Scriptor. Norm. f. 1057. B The Knights and Burgesses of Roven capi­tulate with King Philip. Roven, and Burgesses en­tred 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 E Roven) within 30 days, they would deliver the City. The Cove­nants are long, and contein many things stipulated between the King of France, and the Knights and Burgesses, which were to be perfor­med upon Rendition of the City, Paris f. 211. n. 40. Roven yeilded to him. which for want of assistance came under the King of France his power.

The Castle upon the Rock in Andeli, Ibid. Andeli Castle Surrendred after a years Seige. after almost a years Siege, a great part of the Walls falling down, the Foundation having F 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 Dye 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 Sal­lyed out, and Killed many of the French, and mainteyned an obsti­nate fight with them before they were taken. After the Castle was [Page 474] yielded up, Roger de Lasci was carried into France, but for the Courage and Bravery he shewed 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 Citisens 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 streights 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.A 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 injoyed all things.B

The next year Ibid. n. 10. A. D. 1205. King Johns 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 Dorset-shire. Ibid. Upon his Return [...] he took of the Earls, Barons, Knights, and Religious persons, a vast Summe of Money, upon pretence they would not follow him be­yond C Sea, that he might Recover his lost Dominions.

On the thirteenth of July Ibid. n. 30. Hubert Arch-Bishop 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. Ibidem. The Monks choose their Supprior Archbishop without the Kings Know­lege. Before the Arch-Bishop was Buried, some of the Monks chose their Supprior Archbishop, without the Kings Knowledge and sent him away privately to Rome, to procure his confirmation; when he came there, and shewed the Pope and Cardinals his Instruments of Election, and petitioned him to con­firm D it; He told him he would deliberate while he had more certainty of his Election.

The Monks had obliged their Supprior to Ibid. n. 40. He breaks his Oath of Se­cresie. Secresie, but so soon as he got into Flanders he divulged his Election, and told he was go­ing to Rome to get it confirmed, and shewed the Instrument of the Convent testifying his Election. They having Ibid. f. 213. n. 20, 30, 40. They choose the Bishop of Norwich upon the Kings recommenda­tion. notice he had Broke his Oath of Secresie, were mightily moved against him, and sent to E 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 Iohn 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 Iohn de Grai Bishop of Norwich duly Elected, and then the Monks placed F 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 Ibid. n. 50. & f. 214 l. 1. A. D. 1206. sent some of the Monks of the Church of Cantur­bury to Rome, to obtein the Popes Confirmation of the Election, at [Page 475] the same time the Suffragans of that Province sent their Procters 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 Arch-Bishop 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 A three Archbishops. Ibid. n. 10. The Monks Answer to their Com­plaint. The Pope pronounceth Sentence in favor of the Monks. The Monks on the contrary affirmed, That by antient and allowed Custom, and by special priviledge 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 favor of the Monks; and by which he for ever Append. N. 81. ex­cluded the Suffragans or Bishops of that Province, from having any B thing to do with, or share in the Election of an Arch-Bishop. 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 Paris ut supra, n. 20. King John Be­sieges Mont-Auban Castle, and taketh it. year on the 25th of June, King Iohn with a great Army takes Ship at Portsmouth, and on the 9th of July Lands at Rochell. The Poictovins came in to him, and promised their assistance. After he had subdued a considerable part of Poictou, he marched to the strong C 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 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 Iohn returned into England, and Landed at Portsmouth on the 12th D of December.

About this Ibid. n. 30. time Iohn Ferentin the Popes Legat came into Eng­land and scraped up a great Summe of Money, and the Morrow after St. Luke held a great Council at Reading, and soon after left England.

Rigord f. 206. n. 20, 30. A. D. 1206. says, King Philip hearing King Iohn 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 E those parts, and so returned to Paris, That the Viscount or Vicecomes of Touars Confaederated with King Iohn, which caused him to re­turn again into Poictou, and destroyed the Lands of that Viscount, and then both Army's being ready to ingage, a Truce was made from the Feast of All-Saints for two years.

On the 2d of Mat. Paris f. 221. n. 50. A. D. 1 [...]07. [...] Johannis ▪ A thirteenth part of all Moveables and other things levyed. February next following his Return, he took the 13th part of all moveables, and other things as well of Laics, as E [...]cl [...] ­siastics F and Prelates, all murmuring but not daring to Contradict it: (cepit tertiam decimam partem ex omnibus mobilibus & rebus aliis, &c. 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 anathematized all such as should Collect it in the Province of York, and in general all invaders of the Churches posses­sions. The Record Append. n. 83. says, this 13th was granted by the Comune Council, [Page 476] 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 Paris f. 22. n. 20, 30. The Popes [...]e [...]initive 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 vitious, and not according to the Ca­nons by advice of his Cardinals Nulled both; forbidding by Definitive A Sentence both the Elects, That they should not aspire to the honor or Dignity of the Arch [...]Bishopric, and then persuaded the Monks Append. n. 84. The Pope per­swades King John to re­ceive him. to choose Stephen Langton an Englishman and Cardinal their Arch-Bishop; 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 B he said) a sufficient number, in virtue of their Obedience, and under pain of a Curse, The Monks though unwil­lingly choose him Archbi­shop. to chose 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.

C

Soon after this the Pope Append. n. 84. The Pope per­swades King John to re­ceive him. sent King Iohn a wheadling Letter and four Gold Rings set with pretious Stones; and with them, or imme­diately after, another Letter Mat. Paris f. 223. n. 30. in which he exhorts him to receive Stephan Langton, (one Born in his own Kingdom) into the Arch-Bishoprick; and while by Flattery and perswasion, he would have obteined the Kings consent, he sent his Command to the Ibid. n. 4. Prior and Monks to receive and obey him, as their Arch-Bishop as well in Spirituals as Temporals.D

When the King received the Popes Letters he was in great Ibid. King John [...]ighly displea­sed with the Monks choice. Wroth, and indeavoured to make them Traytors. First, That in prejudice of his Liberty, without his Licence they had chosen their Sup-Prior, and afterwards, that they might seemingly satisfie 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 E be Consecrated Arch-Bishop. Ibidem. n. 50. For this Cause in his Fury he sent Fulk Cantelup and He was She­rif 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 Traytors When they came there, they threatned to Fire the Monastery, and them in it, if they would not depart England, and so affrighted them, that without any Violence, they passed over into Flanders; some to the Abby of St. Bertin, others to other Monasteries F.

The Monks thus leaving their Monastery, the Ibid. f. 22 [...] n. 1 [...], [...]0. King Johns 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 Arch-Bishop, a person altogether unknown, and one that had his Education in France, and Conversation there with [Page 477] 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 A were forced to it, he would neither seek Justice or Judgment of Stran­gers out of them.

The Pope Ibid. n. 30.40.50. &c. The Pope's Answer and Reproof. wrote back to him, and reproved him for his stiffe 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 hindred, so as B they could not come to him, Ib. f. 225. n. 30.40. The same Controversie 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 Honor, 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 Ib. f. 226. lin. 3. A. D. 1208. King John would not be prevailed up­on by the Pope's advice. finding the Kings Heart so far hardened (Cor Regis adeo C indurat [...]m) as not being able to prevail upon his Courtship, advice, and Comminations, to receive Stephan as Arch-bishop, being touched with an Inward Grief of Heart, by advice of his Cardinals Com­manded William Bishop of London, Eustachius Bishop of Ely, and Mauger Bishop of Worcester, to go unto the King, and with a pious care and sollicitude, 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 threatned to be Interdict­ed. (Quod si forte ipsum Contu­macem, sicut Hactenus Extitit invenirent & Rebellem,) they should D 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 Arch-Bishop.

Hereupon, The Ibid. n. [...]0. The Bishops Solicite him to receive the Arch-Bishop. Bishops as they were injoyned, repaired to the King, Supplicating him with Tears; That as he had God before E his Eyes, he would recall the Arch-Bishop and Monks to their Church, Honor 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 Gratifie the Pope, King John's condescention to receive the Arch-Bishop. in receiving Stephen Langton to be Arch-Bishop of Canturbury, upon these Bishops acquainting him with the Popes Injunctions to them, pro­mising by his Append. n. 85. Letters Patents attested by seven Earls and three F 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 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 [Page 478] 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.A

After these Threatning words the Bishops 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 B to sick Dying Men, and Baptism of Infants. The Bodies of the Dead were carried out of Cities and Towns and Buried in High-ways and Ditches, without Service or the Ministry of Priests.

Whereupon the day following the King Commanded them to de­liver the 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 Justitiary Geofry Fitz-Peter. C Paris fol. 226. n. 40. And William Bishop of London, Eustachius of Ely, Mauger of Worcester, Iocelin 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 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 D all the Maners 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 Maners with their Appertinencies belonging to the Arch-bishoprick, during his Royal Pleasure.

Also Append. n. 88. during this Treaty with the Bishops, Simon Langton, Stephans Brother came to the King at Winchester, desiring him E in the presence of the Bishops to admit his Brother to the Arch-bishoprick, He offers to receive the Arch-Bishop, 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 replyed, 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 Peoples 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.F

The King 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 mente nimis Confusus misit Vicecomi­tes suos & alios iniquitatis Ministros in omnes fines Angliae) and Commanded every Prelate, and their inferior Clergy with [Page 479] terrible Threats, That forthwith they should depart the Kingdom, and require the Pope to do him Justice for this Injury; and also put Bishopricks, Abbies, Priories under the Custody of Laymen, and Com­manded all Church Rents to be Confiscated.

But in this matter the 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 Kings A 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 Kings use, and moderately provided for them Food and Ray­ment out of their own Estates. The Clercs Barns were every where locked up and the Grain Confiscated. Ib. f. 227. li [...]. 1. The Concubines of the Priests and Clercs (Presbyterorum & Clericorum Focariae) through all England, were imprisoned by the Kings Officers, and forced to pay great Compositions for their Liberty. Ibid. l. 2. The Religious and all Men B in Orders which were found Travelling upon the Road, were thrown off their Horses and robbed and abused by the Kings Soldiers, nor was there any one to do them right. The Parents also of the Arch-bishop and Bishops, who declared the Sentence of Interdict, were spoiled of their Goods and cast into Prison. Amongst these Evils (saith Paris) the foresaid 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 C they left their Sheep, and fled.

After this general Seisure of the Temporalties and Goods of the Bishops and Clergie, But restored them to those who refused to comply with the In­terdict. to such of them as submitted to the King and re­fused to comply with the Interdict, who celebrated Divine Service, and administred the Sacraments, the King by Special Writs 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, D who submitted to the Interdict; nor did he seize the Lands or Goods of any other Religious Persons or Clercs, but such as 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 Append. N. 93. He sent out his Precept for their Protection. Precept, That no Man against his Peace should abuse either Clercs or Religious, E 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 Append. N. 94. per­mitted all Arch-bishops, Bishops, Priors, Religious Persons, and Clercs, after their Barns were shut up, to sell it until the Feast of St. Catherin, that is, the 25th of November.

King Iohn Reflecting upon the Circumstances he was in, fearing 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, F 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, Ibid. n. 20. some of which coming to VVilliam de Braosa, his Wife Maud told them she would not deliver her Children to their Master King Iohn, be­cause he ought honorably to have provided for his Nephew Arthur, whom he Basely Killed.

[Page 480]Next Year Ibid. n. 50. A. D. 1209. He forces the King of Scots to desire peace. the King raised a great Army, and marched to­ward Scotland; and when he came to Norham Castle in Northum­berland, the King of Scots there met him and desired Peace; King Iohn Reproves him for Receiving, favouring, or assisting his Fugi­tives, and public Enemies; but by the Mediation of Friends to both Nations, 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 A them.

Afterwards Ibid. lin. 6. He received the Homages of all free Te­nents in the Kingdom. he received the Homages of all Men that were Free Tenents, and Boys of 12 years of Age of the whole Kingdom (suppose their Sons only) whom after they had done their Fealty, he received Kindly, and dismissed them with the Kiss of Peace. De­inde cepit Homagia de omnibus hominibus libere tenentibus; & etiam Duodecim Annorum pueris totius Regni, Quos omnes post fidelitatem B factam, in Osculum patis accepit ac Dimisit. Ibid. lin. 8. The Welch­men came to him at Wood­stock and did their Homages. The Welchmen also, (which was never heard of before) came to the King at Woodstock, and did their Homages to him, although it was Burthensome as well to the Rich as Poor.

After two years Ibid. n. 20. Pope Innocent commanded the Bishops to Excommu­nicate King John by name. continuance of the Interdict, and there seem­ed no hopes of King Iohns amendment, or his giving Satisfaction, Pope Innocent could no longer suffer his Rebellion to go unpunished,C (Papa Innocentius ipsius Rebellionem Diutius multam Dissimulare non potuit,) whereupon by advice of his Brother Cardinals, he Com­manded the Bishops of London, Ely and VVorcester by name, to Pronounce him Excommunicate; That so by Publishing the Sentence every Sunday and Holy-day in all Conventual Churches through Eng­land, they might cause him more strictly to be avoided by all men; Ibid. n. 30 But when those Bishops committed the publication of the Sentence to their Brother Bishops and other Prelates that remained in England, D 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 injoyned them, they did not proceed in doing the Popes Commands according to due Form of Law. Nevertheless the Sentence was known to all men, and filled their mouths with Dis­course; Ibid. n. 40. Geofry Arch-Deacon of of Norwich leaves the Kings Service. Amongst whom Geofrey Arch-Deacon of Norwich as he sate in the Exchequer managing the Kings business, Discoursed E with his associates, concerning the Sentence pronounced against the King, saying it was not safe for Beneficed men to remain any long­er in the Service of an Excommunicated King, and so departed with­out leave: The King having notice of it, sent VVilliam Talebot a Knight after him with some Forces, who took him, put him in Pri­son and in Bonds, His punish­ment. where after a few Days, by the Kings Command he had a Leaden Cope put on, with the pressure whereof, and want of Victuals he Dyed.F

In this Time of the Interdict one Master Ibid. n. 50. A. D. 1209. Alexander Caementarius mainteined the Kings cause against the Pope. Alexander, called Caementarius, a counterfeit Divine (Speudo-Theologus) main­tained the Kings Cause against the Pope; Mat. 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, [Page 481] and that he Defended the Kings Cause out of Ambition. And for that Reason by 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 Mat. West. f. 267▪ n 20. & f. 268. n. 50. VVilliam Bishop of Lincoln, and this Mat. West. f. 267▪ n 20. & f. 268. n. 50. A year Hugh de VVells the Kings Chancellor was chosen Bishop, who obteined leave of the King to go into France that he might receive his Consecration from the Arch-Bishop of Roven. 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 VValter de Gray made him Chancellor.

B

King Iohn kept his Christmass at Windsor, 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 nocivè insidebatur) the King sat upon the Skirts of all such as withdrew or absented themselves.

C This year the Ibid. f. 230. lin. 6. & n. 20. King passed over with an Army into Ireland, and having 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 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 D was Reported the Summe 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 Ibid. n. 40. A. D. 1211. He raised a great Army, and Marched into Wales. Summoned a great Army to meet him at VVhit­church in Shrapsh [...]re, with which on the eighth of July he marched into VVales as far as Snowdun, and carried all before him; the Kings and Nobles he subdued without Resistance; for their future E subjection he received twenty eight Pleges. And having passed all over that Nation, came back to VVhitchurch on the 15th of August, He subdued them and re­ceived Pleges for their obedience. and proceeding from thence to Northampton, where the Popes 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 Ibid. n. 50. This willing­ness to receive the Archbi­shop and all the proscri­bed Bishops. freely granted that the Arch-Bishop of Canturbury, and the Monks, and all F the Proscribed Bish [...]ps, 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 Arch-Bishop and Bishops, which were Confiscated. The Treaty came to nothing, the Nuntio and his assistant returning into France. Ibid. He [...]axed those that did not go with him in h [...]s Welch expedi­tion. So soon as they were gone the King took of these M [...]litary men that were not present in the Welch ex­pedition for every Knights Fee two Marks of Silver.

[Page 482]About 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 Honorably received by King Iohn, by whose Bounty he received 300 l. a Year in Land, and did Homage and Fealty to him. 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.A

The Pope Paris f. 231. n. 10. The Pope ab­solveth all his Subjects from their Allegi­ance. much admiring the Contumacy of King Iohn, 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.

B

At Dinner on 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 Mauger Ibid. Bishop of Worcester Dyed at the Abby of Pontigny in France.

Not long after Ibid. n. 40. The Welch make Incur­sions into Eng­land. the Welch made hostile irruptions, and took several Castles in England, and cut off the heads of the Defendants, burnt many Towns, and returned with great spoils into their own Country. The King was much moved at this action, and levyed a C great Army (exercitum innumerabilem) of Knights, and ordinary Horse and Foot, resolving to harrass all Wales, and exterminate the Inhabitants, and in Revenge Ibid. King John Hanged the Welch 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 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 Northwales, and others of a Traiterous Conspiracy formed against him, all which he neg­lected and slighted, and went on to Chester, where again he received Letters, Ibid. f. 232. lin. 1. That if he Marched forward, he would ei­ther D 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. Ibid. lin. 3. At length he was convin­ced, and sent to his Great men for Ple­ges. At (que) 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, E 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 Kings 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 Fitz-VValter being accused of the Treason, fled out of England, Eustachius into Scotland, and Robert into France. F

[Page 483]Some while after, one Ibid. n. 10. Peter the Her­mite his Pro­phesie. Peter an Hermite in the Diocess of York (after he could not but see the Pope would Depose King Iohn) 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 Ibid. n. 20. King Johns dissolute Life. Monk says) the King Defiled ma­ny Noblemens Wives and Daughters, laid great Taxes on others, and Confiscated the Estates of others, so as he made to himself almost so A many Enemies as there were great men. And therefore at this time, Ibidem. when they knew themselves absolved from their Fealty and Al­legiance, they rejoyced much: (and says the Monk further) if com­mon same was to be credited, they every one sent the King of France, a Ibid. n. 30. Chart Sealed with their Seals, That he might safely come into England, receive the Kingdom, and be Crowned with honor and glory.

About this time Ibid. A. D. 1212. The Bishops inform the Pope against the King. Stephan Archbishop of Canturbury, William B Bishop of London, and Eustachius Bishop of Ely, went to Rome, and in­formed the Pope of the many Rebellions and Enormities King Iohn had committed since the Interdict (inuerunt 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, C and other wise men, 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 Iohn, 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 quo (que) sententiae executionem, scripsit Dominus Papa, potentissimo Regi Francorum Philippo, Quatenus Remissio­nem D omnium suorum peccaminum, hunc laborem assumeret, & Rege An­glorum a Solio Regni expulso, ipse & successores sui Regnum Angliae Jure perpetuo possiderent.

He Ibid. n. 50. The Popes zeal to have King John de­throned. wrote also to all great men, Knights, and other Warriers of divers Nations, That they should undertake the Crusado, (ut sese Cruce signarent) for the Dethroning of the King of England, and follow the King of France the General in this Expedition, and labor to vindicate E the Injury done to the Ʋniversal 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. Ibid. Pandulph sent into England. And with this Commission and Instructions he sent F Pandulph his Nuntio, with the English Bishops, that in his presence they might be executed.

But when 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 favor at the Apostolic See.

[Page 484]In January 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 Arch-bishop 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 injoyned them to Depose King Iohn, and set up another by the Popes Authority. He had now what a long time he desired, and prepares accordingly, and A 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, duces, videlicet, Com [...]es & Barones, Milites & ser­vientes cum equis & armis, &c.) under the Disgrace of being reputed Turn-tayls or Run-aways, (sub nomine Du Fres [...] says, these words, sub no­mine Culver­tagil, are of the same im­port with sub Poena Confisca­tionis. Culverragii) or least they should be disinherited as Traytors. At the same time he caused all B the Ships of his own Nation, and many others, to be Equipped, Armed and Victualled.

King Ibid. n. 40. Iohn 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 Append. N. 95. Sheriff [...] of every County of England to summon all the Earls, Barons, Knights, and all Freemen and Esquires or Serjeants, whoever they were, and C of whomsoever they held, who ought to have, or could have Arms, and who had done Homage and Ligeance to him. Paris 234. n. 10, 20▪ King Johns 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, Crosse-Bow-men and Archers staid 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 D Mustered upon Barham Down, consisted of sixty Thousand strong a. well armed men. He designed also to way-lay the French Fleet, and fight them with his Navy which was greater and stronger then that of France.

While King Ibid. n. 30, 40, 50. Pandulph af­frighteth King John. Iohn 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 E 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. [Page 485] 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 Ibid. & f. 235. lin. 1. & n. 10, 20. A. D. 1213. He submits to a Form of Peace drawn up by the Pope. Terrifyed and Confounded with this News, King Iohn by the perswasion of Pandulph submitted to the form of Peace A as it was drawn up by the Pope, in which he sware to stand to the Commands of the Pope before his Legat or Nuntio, in all things for which he had been Excommunicated, and to make full Restitution and Recompence, 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 favor 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. B That he would cause his Append. N. 96. Letters Patents to be made, by which he would confirm these things, and cause as many Bishops and Barons, as the Arch-Bishop and Bishops should choose, to Swear, and give their 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 Popes Commands against them, and that he would for ever lose the Custody of vacant Churches. And obliged himself to Paris f. 235. lin. 46. send all C these Letters of Security for performance of these things, to the Arch-Bishop and Bishops before their Return into England. And further upon this Agreement he was forced to disclaim his right to Out-Law any Clergy-man, as appears by his Letters Patents in the Appendix, N. 108.

The greatest part of the Form of Peace Drawn by the Append. N. 98. Pope, or his Order was the Resignation of his Crown, and the form of his Do­ing D 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. Peters 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 E and Fealty, and a thousand Marks by the year Rent for all other Services, That is 700 Marks for England, and 300 Marks for Ire­land. 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.

F

[Page 486]This done, and the Charts, or Letters Patents of the Grant deliver­ed to Pandulph, he returned into 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 Arch-bishop and B [...]shops: The Monks of Canterbury, and others, which were in Exile, by reason of the Inter­dict Ibid. the Tenor of the Charts, and form of Peace pleased them all; and Pandulph earnestly perswaded them to return into England, A and receive the remainder of their Money, that should be adjudg­ed to them for their Losses.

He went from them and applyed himself to the 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 Iohn was ready to make satisfaction to holy Church, and obey the Popes B Catholick Commands. The King was not well pleased with what he said, and told him he had expended more then Sixty thousand pounds in Arms, Victual, and fitting out of Ships, and had undertaken the enterprize at the Popes 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 Ibid. f. 238. lin. 2. Earl of Flanders, who refused to follow him, or joyn in this Expedition, with whom he was confederated, and would not forsake his Engagement.C

Paris in this 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 Iohn 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 Ibid. 40. leave to his great men and others, that lay upon the coast to depart home.

D

The King thought he had an 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 raises Ar­my to invade France. His great men refuse to goe unless he was first Absolved. but when they came together, the 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; Append. n. 101. He sends for the exiled Bi­shops to re­turn.sent for the Arch-Bishop and Bishops, these persons follow­ing,E H. Arch-Bishop of Dublin, Iohn Bishop of Norwich, William Earl of Arundel, Mat. Fitz-Herbert, and William Arch-Deacon of Huntingdon, in whose Commission, The King told them he had long expected and desired their coming, requesting them to make haste. Paris 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 recompence 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.F Margarets day, the 20th of the same Moneth the King was Ab­solved.

The Bishops that came over were Ibid. lin. 6. His submission to the Bi­shops. Stephan Arch-Bishop of Canterbury, William of London, Eustachius of Ely, Hugh of Lincoln, and Giles of Hereford. The King when he knew they [Page 487] were come, went forth to meet them, and threw himself at their 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, 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 A would recal 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 Judgment 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 conteined B in his Chart.

On the Ibid. He sends to all his Sheriffs to enquire what damages the Bishops had sustained. morrow afte his Absolution, he sent his Precept to all the Sheriffs of England, That they should cause to meet at St. Albans 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 susteined, C what had been taken from, and what was due to them.

And then he made 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 Arch-bishop of Canturbury. 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 D 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 Iersey, his Great men returning home, and when he saw himself deserted, came back into England, so that nothing was further done in this Expedition.

E While the King Ibid. n. 40. A Council held at St. Al­bans. was busied in this Affair, his Commissioners or Vice-Royes held a Council at St. Albans, with the Arch-bishop and Bishops and Great men of the Kingdom, where the Kings 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 Kings Officers, as they loved their Lives or Limbs, should Extort any thing violently from any Man, F 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, &c.)

King Iohn 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 wonted Service. (Mag­num [Page 488] Congregavit Exercitum, ut Rebelles ad consuetum obsequium re­vocaret.) When he began to raise Force to Reduce them, the Arch-bishop came to him to Northampton, The Arch-Bishop threa­tens the King if he made war upon any without the judgment of his Court. and told him he violated the Oath he took at his Absolution, if he made War upon any one with­out the Judgment of his Court, (si abs (que) Judicio curiae suae contra Q [...]empiam B [...]ll [...] moveret.) 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 A early the King went towards Nottingham; the Arch-bishop fol­lowed him and threatned, That unless he did quickly desist, he would Anathematize 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 obteined a Competent day for them to Answer in his Court, to be Tryed there. But that they were ever summoned to, or appeared in the Kings Court, we no where B find in this Kings Reign.

For probably before that time came, viz. on the 25th of August next following, the Barons by the 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 Ibid. lin. 7. The Arch-Bishop private­ly told the Great Men he had Absolved the King. London in St. Pauls that day, where the Arch-Bi­shop C 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 Arch-Bishop called aside some great men of the Kingdom, and secretly told them, That he had Absolved the King, and forced him to Swear (Apud VVintoniam, Regem Absolvi, & ipsum jurare compulerim, &c.) That he would abolish all unjust Laws, and cause the Good Laws, that is to say, the Laws of King Edward to be ob­served D of all men in the Kingdom; and told them, he had found a certain Ibid. n. 10. Charter of King 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 Arch-Bishop Ibid. f. 241. n. 10. That upon a fair oppurtunity, they would strive to Death for those Liberties; And the Arch-Bishop promised them his most faithful assistance to the utmost of his power: And so the Confederation being perfected,E the Conference or Parliament was Dissolved. (Et sic Confederatione inter eos facta Colloquium solutum est.) Not long after, on the Second day of October, Ibid. f. 243. lin. 3. A. D. 1213. dyed Geofrey Fitz-Peter Justiciary of England, To the great detriment of the Nation, who I find not a party to the Confederation.

Next follows this Monks Ibid. f. 243. n. 20. &c. King John's offer of his Kingdom to the Emperor of Morocco, and to turn Mahometan, a malicious Calumny. story of King Iohns offering his Kingdom to the Emperor of Morocco, to relinquish the Christian Re­ligion, F and embrace the Mahometan; but since he had in less time then 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, [Page 489] that perhaps was ever heard. I shall pass it by as a Legend onely, as a most improbable thing, if not a malitious calumny, and false Tale raised against him to Alienate the affections of the People from him.

About Michaelmass this Ibid f. 246. n. 30. A. D. 1213. Nicholas the Popes Legat sent into Eng­land to take an estimate of the Clergys Damages. year, Nicholas Bishop of Tusculum (now Frascati) the Popes Legate came into England with his Au­thority to compose the Dissentions between the Secular and Eccl [...]si­astic A Government, (ut Dissentiones inter Regnum & Sacerdotium reformaret) The Arch-Bishop 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 Eccle­siastick State, concerning the Damages the Bishops had sustained, and what had been taken from them, at what time the Ibid. n. 50. King John's offer. King offered an hundred thousand Marks to be forthwith paid as a full Resti­tution B 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 Fide-jussors, or undertakers for him, That he would before Easter following by the Judgment of the Legat himself and the Bishops make full satisfaction for what had been taken from all men. and f. 247. lin. 1. &c. The Legat accused as a favourer of the King. The Legat consented to his Proposition, and would have had it pre­sently▪ put in execution, and took it ill 'twas not accepted. Where­upon C the Legat 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 Summe thereof to be pre­sented to the King. He consented to their Agreement, and there was no more done that day.

On the Ibid. lin. 7. The King re­news his sub­jection to the Pope. Morrow they all met in the Cathedral Church of D 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. Ibid. n. 10. And the King's Char­ter which was formerly sealed with Waxe, and delivered to Pan­dulph, was now Bulled with b. Gold, and delivered to the Legat, to the use of the Pope and the Roman Church (Charta quoque Re­gis, E de Qua superius diximus, Quae prius Cera signata fuit, & Pan­dulpho tradita; nunc auro Bultata est, & Legato ad opus Domini Papae, & Ecclesia Romanae resignata.)

[Page 490]But as to Ibid. the Restitution of what had been taken from the Clergy, The Third of November was appointed to Treat of it at Re­dinge, and when they all met there that day, the King came not; yet they assembled at VValingford three days after; upon the sixth of that Moneth, where the King, as he had done before Ibid. n. 20. volun­tarily offered to satisfie 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 A 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 Judgment.

After this the King and Legat, the Arch-Bishop with the Bishops, Great Men, and all the Religions persons concerned in the Business Ibid. n. 20. met again at Redinge on the 6th of December, where every one pro­duced a Chart or Catalogue of what had been taken from him, with B the sum of the Damage he had sustained thereby. But the Legat favouring the King, they were put off, and payment was delayed; except that the Arch-Bishop 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 [...]reement which the Bishop before recited, issued C his Writs to certain Inquisitors appointed to make Inquisition in eve­ry Bishoprick, 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 Append. n. 103.104. Record, though the Inquisitions themselves are not to be found; which in all pro­bability, were the Charts or Catalogues above-mentioned.

About this time the Pope Append. N. 105. The Pope writes to his Legate to fill all vacancies of Abbys and Bishopric's. wrote to his Legat Nicholas, to D fill all vacant Abbacies and Bishopricks, 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 Legat armed Mat. Paris f. 247. n 40. He executes the Popes Letter. with this power, despised the Arch-Bishop and Bishops of the Kingdom, and went to the vacant Churches with E the Kings 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 peny 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.

F

After the Ibid. n. 50. A. D. 1214. The Arch-Bi­shop and Pre­lates are trou­bled at the Legates pra­ctice. Octaves of Epiphany, the Arch-Bishop of Canturbury, with his Suffragans, met at Dunstable, to Treat of the Affairs of the English Church, for it much troubled them, That the Legat with­out their Advice, and in favour to the Kings 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 Arch-Bishop sent two Clercs to the Legat then at Burton upon Trent, who by appealing, prohibited him on behalf [Page 491] of the Arch-Bishop of Canturbury, least he might presume to insti­tute Prelates in his Province, to whom of right it belonged to do it.

The Legat not valuing the Appeal, Ibid. f. 248. lin. 4. The Legate opposes the Appeal of the Arch-Bishop and Bishops. His Character of the King. dispatcht Pandulph with the Kings assent to the Court of Rome, that he might defeat the purpose of the Arch-Bishop and Bishops; and when he came there, he A did not a little blast the credit of the Arch-Bishop 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, &c.) containing the Subjection and Tribute of the Kingdom of England and Ireland, Master Simon in what he offered against him could B not be heard. The same Pandulph affirmed also, That the Arch-Bishop 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 Arch-Bishop and Bishops designs were put off, or received delay.

C In the mean time the King had 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 Countrey. 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 D many Barons of Poictou, and swear Fealty to him; and presently after his landing, there were Ibid. n. 20. King John's success be­yond Sea. surrendred to him, and quitted, Twenty six Castles and Fortresses, and while he was besieging Mille­sen Castle, there came to him Frier William of St. Owen, with the Popes Form of Releasing the Interdict, which he sent to Peter Bi­shop of Winton his Justiciary of England, with an account of his Successes to Append. n. 106. William Earl Marshal, and all the Earls, Barons, and great Men of England with Directions to them to hear, and E do what the Justiciary should say to them concerning the Form, and Relaxation of the Interdict.

The Messengers or Commissioners Mat. Pa­ris. f. 249. lin. 3. The Commis­sioners sent by the King, and Arch-Bi­shop, urged the Relaxati­on of the In­terdict. sent by the King to Rome about this Affair, were Iohn Bishop of N [...]rwich, Robert de Ma­risco Arch-Deacon of Northumberland, Thomas de Hunting [...]una, or rather Herdingtona, and Adam two Noble Knights; Those on the behalf of the Arch-Bishop were Simon de La [...]getuna his F 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; 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 Arch-Bi­shop of Canturbury, the Bishops of London, Ely, and others, they should assign discounting what they had received before, which [Page 492] being paid, and further caution give, as 'tis noted in the Form it self. The Legat 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 Fide-jussors, or Sureties for the payment of 12000 Marks a year at two Terms, until the 40000 Marks were fully paid.

At the time Paris ut supra. n. 20. A Council as­sembled by the Legat at St. Pauls in London. when Nicholas the Popes Legate received this A Authentick Message from the Pope, the King was still beyond the Sea, but in his departure from England, he left the Legat and Wil­liam Marshal his Commissioners in this Business; and the Legat as­sembled a great Council at St. Pauls in London 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, &c. which was drawn up by the Pope at B Rome, with the consent of the Parties, Commanding he might be certified what Money had been paid to the Bishops or others, by the Kings Officers, upon occasion of the Interdict; and it was pro­ved that the Arch-Bishop, 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, C on the 7th of December (7o Idus Decembris) after their return, the same Bishops and Monks received 15000 Marks to be divided be­tween them; Ibid. n. 40. so that there remained to be paid only 1 [...]000 Marks, for which they had the Kings 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 Ibid. n. 50. A. D. 1214. 16 Johan. Re­gis. The Inter­dict released. The Legat on the Feast of St. Peter and Paul, (June 29.) solemnly D 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, Ibid. and f. 250. lin. 1. &c. The Religious make their suit to the Le­gat 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 Legat E answered them all alike, That there was no mention of their Da­mages and Injuries in the Popes Letters, and that he neither ought 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. Ibid. f. 250. lin. 7. When the Prelates (that is all the Bishops, Abbats, Priors, &c.) 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 F 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. f. 23 [...]. n. 30. Rex vulpina calliditate ab omnibus Religiosorum Domibus, Chartas exegit Quibus testarentur se gratis contulisse, Quaecunque ab eis violenter extorsit. And upon the Patent Roll of the 16th of this King, there is a Append. n. 11. Form of an Acquit­tance [Page 493] entred 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 Iohn 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 Britany, and Besieged the Castle de la Roche au Moin upon the River Loir between Nants and Angiers, and Lewis the King of A France his Son came with a great Army to Relieve it; King Iohn sent for his Scouts to discover their Numbers and str [...]ngth, 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. Ibid. n. 30. Lewis also when B he heard King Iohn began to March, fearing he would set upon him, fled. Sic (que) utter (que) 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, 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 Iohn, who so soon as heard he was within one days March of him, fled and left the C 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 Iohn had incompassed it.

Within less then a Moneth after Rigord. f. 216. u. 10, 20, [...]0, &c. Paris ut supra, f. 250.40, 50. &c. A League against the King of France upon the 27th of July (sexto Kalendarum Augusti) was fought the famous Battel of Bovines, between Tournay, Lens, and Lis [...]e, now in Ar [...]ois. At this time D the Emperor, the King of England, the Earl of Flanders, Dukes of Lovain and Brabant, Leagued against the King of France, and in­vaded his Kingdom, while his Son Lewis was ingaged in Poictou and Britany against King Iohn. 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. E 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 F days. Whoever desires to see all the small particulars, and great in­gagements in this Battel, 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 Mathew Pari [...], though not so large, yet no ways interfering with that of R [...] ­gord.

[Page 494]After this Victory, by the Industry of Ranulph Earl of Chester and mediation of Robert the Popes Legat (saith f. 224. n. 20. Paris f. 250. n. 30. A t [...]uce made for five years between Eng­land and France. Rigord) of reli­gious persons (saith f. 224. n. 20. Paris f. 250. n. 30. A t [...]uce made for five years between Eng­land and France. Paris) a Truce was made between the two Kings for five years; and King Iohn Ibid. n. 50. returned into England (14 Calendarum Novembris) or 19th of October.

About the Ibid. The Earls and Barons Con­federate a­gainst King John at St. Edm [...]nds Bury. same time, the Earls and Barons under pretence of A Prayer, but really for another purpose met at St. Edmunds 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 conteined 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 B Regis Edwardi Sanctae Ecclesiae Anglicanae pariter, & Magnatibus Regni Concessas, Exceptis Quibusdam Libertatibus, Quas idem Rex de suo adjecit.)

When they all met in the 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 C Charter Sealed with his Seal, confirm all they Demanded. And they all Agreed, That at Christmass 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 compell him to satisfaction by taking his Castles. Quod si forte Rex a proprio vellet Juramento (Quod bene Credebant) resilire, propter suam D Duplicitatem: ipsi protinus per Captionem Castrorum suorum eum ad satisfactionem compellerent.

In the 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 Christ­mass 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 E them, The Kingdom of England, and the English Church, might be confirmed, as they were conteined 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. Ibid. n. 40. The Kings 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; F 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 satisfie them all. Upon which the great men returend home.

[Page 495]The King 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 Feal­ [...]y 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.

A

In Easter Week, 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 numbred two thousand Knights, besides other Horsemen, and Foot, armed with divers Weapons.

The Ibid. f. 254. lin. 1. The names of the chief Con­spirators. Chief of the Presumption and Incendiaries, (fuerunt autem B 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. de Rime, William Marshal the Younger, William Manduit, Roger de Mont-Begon, Iohn Fitz-Robert, C Iohn 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, Geofrey 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 Arch-Bishop of Canturbury the head of the Conspi­racy. Iohn Constable of Chester, Thomas de Muletun, Conanus Fitz-Ely, and many others, who Conspired together, and Confederated under D their Head Stephan Archbishop of Canturbury (isti comunes Con­ [...]urati & Confederati, Stephanum Cantuariensem Archiepiscopum Ibid. n. 10. Capitalem Consentaneum habuerunt.

At this 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 E 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 conteined the antient Customes of the Kingdom. Affirming that if the King would not forthwith Grant and Confirm them under Seal, they would compel him, by Seising his Castles, Lands and Possessions. They Returned to the King with the Schedule, and read to him all the Articles contei­ned 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 F with an Oath, He would never Grant such Liberties as would make him a Servant or Slave.

[Page 496]When Ibid. n 30. The great men chuse Robert Fitz-Walter their General. the Archbishop, and William Marshal, could not bring the King to consent to the Barons 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 A Castle fifteen days without Success, and then raised the Siege, and went to Bedford Castle, where they were kindly received by Wil­liam Beuchamp.

Hither Ibid. 40, 50. The Londiners invite them to take possession of their City. came to them Messengers from the City of London, se­cretly shewing 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 B of May, early in the Morning, and in the time of Mass, without Noise entred the City, by the favor of the Rich Citisens, the poor not daring to speak against it.

The Barons Ibid. n. 50. having thus possessed themselves of London, after they had placed their own Guards upon every Gate, and taken securi­ty of the Citisens, Disposed of all things in the City as they pleased; They sent their Letters to the Earls, Barons, and Knights, that really C or seemingly adhered to the King, exhorting them with Threats, Ib. f. 255. lin. 1. & n. 10. The Barons exhort all to desert the King. They threa­ten to ruine 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 D 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, Iohn de Bassinghorn, William de Cantilupe, Hen. de Cornbusse, Iohn Fitz-Hugh, Hugh de Nevile, Philip de Albiney, Iohn Marshal, William Bruwer. The most of whom upon the Command of the Barons left the King, went to London and Confederated with them.

E

The King 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 F Day to meet them at a Conference in a Meadow between Stanes and Windsor, upon the 15th of June.

[Page 497]The King and great men 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 Kings 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, Iocelin Bishop of A Bathe, Walter Bishop of Worcester, William Bishop of Coventry, and Benedict Bishop of Rochester, Master Pandulph the Popes 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, Mathew Fitz-Herbert, Alan Basset, Hugh de Nevile, Hubert de Bur [...] Seneschal of Poictou, Robert de Ropeley, Iohn Mareschal, B Philip de Albiney.

Those of the Barons Ibidem. & n. 50. party were so many of the Nobility as they were not easily numbred, 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 Ibidem. f. 259. n. 30. He granted them two Charters of Liberties. many they could not be conteined in one Schedule: The first of them was called Charta Communium Libert­ta [...]um, C or Magna Charta, The Charter of Liberties, or the Great Charter: The Second was called Charta Forestae, The Charter of the Liberties and Customes of the Forest, and are both to be found in the 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 Append. n. 114. He granted the Clergy liberty to Elect their Prelates. Granted the Freedom of Elections to Bishopricks and Abby's, to D all Cathedral and Conventual Churches to choose their Prelates great and small, without his Nomination or Recomendation of such as were faithful to him, &c. contrary to the usage of his Predecessors and procured the Popes 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 obteined Liberty under general Words, to depart beyond the Seas, and go and Return at their plea­sure, E which was a great advantage to them in all their Negotiations against the King, before which time they could not Depart 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 F 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.

[Page 498]From the further 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 yeilded 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 Justiciarie, 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 fourty 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 A any oth [...]r ways they could, until they gave satisfaction according to their Judgments, 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 bound himself also that he would obtein nothing whereby any of the B Liberties or Concessions should be Revoked and Diminished, and that if any such thing were obteined, 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 C 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 Gover­ment should have and hold all the Liberties, Laws and Customes, con­teined 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 D 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 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 Glocester, the Earl of Winchester, the Earl of Hereford, Earl Roger of Norfolk and Suf­folk, Earl Robert of Oxford, the Earl Marshal the Younger, or E 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, Iohn Fitz-Robert, William Malet, Geofrey de Say, Roger de Munbray, William de Huntingfield, Richard de Munfichet, Wil­liam de Albeney. Ibid. They Swear to Compel the King to keep the Peace and agreement. These five and Twenty Barons Swore by the F Kings order, (Isti viginti quin (que) 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.

[Page 499]On the 18th of June the 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 Fryday 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 A 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 Fryday, it was to be restored. He was also to release all Prisoners and Hostages, taken and deteined by reason of the War.

On the 19th of the same Month, Append. n. 118. He gives no­tice to all Sherifs 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, &c. by his Writ dated at the same place, he signifyed to all Sheriffs, Foresters, Wareners, Keepers of Ri­vers, B and his other Bayliffs or Officers, That there was a firm Peace made between him, the Barons, and Free-men of his Kingdom, (in­ter nos, & Barones, & liberos homines Regni nostri) as appeared by his Charter, which he Commanded publickly to be read in his Bay­liwicks, VVilling and streightly Charging the Sherif, 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 C VVilled 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 receit of these Letters, To inquire of the Evil Customes or Practises of Sherifs, and their Ministers of Forests and Foresters, Warens and Wareners, of Rivers or River­banks, and their Keepers, or Tribute gatherers towards the Repairs of Bridges and Banks, and to extirpate them.

D After this, on the 27th of the same Moneth from Winchester he Directs his Writ particularly to the Append. n. 119. Such as refu­sed to Swear to obey the 25 Barons to be imprison­ed, and to have their Lands and Goods seized. Sherif of Warwicshire, and the 12 Knights there Elected, to Inquire after, and root out all Evil Customes and Practises of the Sherifs, 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 detein E them until they did Swear. And this was Established by the Arch-Bishop 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 Append. n. 120. The King gives Caution for the obser­vation of such t [...]ings 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 Chur [...]h in Eng­land, Richard Earl of Clare, Geofrey Earl of Essex and Glocester, Roger Bigod Earl of Norfolke and Suffolke, Saher Earl of Win­ [...]hester, F Robert Earl of Oxford, H. Earl of Hereford, and the Ba­rons following, William Marshal the younger, Eustace de Vescy, William de Mobray, Iohn 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 [Page 500] 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 Customes, &c. And also that A all things which the Earls, Barons, and other Free Men do re­quire of the King, which he says ought to be restored, or which ought by the Judgment 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, then the City and Tower of London were to be Re-delivered to him, &c. And if they were not done, or the King hindered the do­ing of them, then the Barons should hold the City, and the Arch­bishop B 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 Iohn at Winchester from whence he passed pri­vately C to the Isle of 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, 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, Iohn Bishop of Norwich, Richard de Marisco, or Marsh, William Gernon, and Hugh de Boves, to all the Trans­marine D Neighbour Nations, with his Seal, to procure Military assi­stance, Ibid. f. 265 lin. 1. &c. 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 Ibidem, lin. 4. &c. he sent also to all his Castellans or Governors of his Castles to Fortifie, Man, and Victual them, as if E they were to be immediately besieged; and endeavour'd to make the Seamen of the Five-Ports of his Party, and Friends.

In the mean time Ibidem, f. 265. n. 20. the Barons which were in London think­ing their Work compleated, appointed to meet at a Torneament, or Tryal 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 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 F which was their Receptacle, and what disgrace and damage it would be to them, if by their negligence it should be lost, &c. And therefore by Common Council they deferred the Iusts 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 [Page 501] 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 Honor: And he that behaved himself best, should have the Bear a Lady would send thi­ther.

A At the same time Mat. Paris. f. 265. n. 40, 50. & f. 266. lin. 1. &c. 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 publickly protested before them, That the B Kingdom of England in Respect of Dominion belonged to the Roman Church, and That without the Popes 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 C 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 indeavor 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, D and sent the Bull which Conteined 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 Christmass (as hath been related) and made their Demands of the Liberties, they required of him. He gave the Pope Notice of E it, who upon the 19th of March following 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 en­joyn F 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 Append. n. 124. Declara­tion, That he would not take the Barons or their Men, That is, their Tenents, nor Disseise them, nor pass upon them by force and Arms, But by the Law of the Land, and Judgment of their Pears in [Page 502] 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 Ʋmpire, and for the Performance of this he offered as S [...]curity, the Bishops of London, Worcester, Chester, Rochester, and William Earl Waren.

On the 29th of May following King Iohn Append. n. 125. The Archbi­shop and his Suffragans neglect the Popes Com­mands. The Barons refuse to hear what he wrote. King John claims the Privilege of the Cross, and refers himself to the Popes 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 A 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 obtein no Remedy, he Refers himself to the Popes Discretion to relieve him.B

Upon the Consideration of all these Offers, Declarations, Matters and Things, and the Recapitulation, and brief Mention of them in his 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 entred into for the performance of it, and De­clares them Null and void.

By Append. n. 127. The Pope writes to the Barons, and chargeth them with evil Pra­ctises 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 proceedings, 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 Customes of the Kingdom or to D 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 satisfie 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 ought 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 E 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 Favor and God intended so to Determin things as to do away all oppressions and Abuses in the Kingdom, that so the King being Content with his own Right and Honor, the whole Clergy and Laity might rejoyce in their Just Repose and Liberty.

The Popes Letters or Mediation prevailed not with the Barons; F they Mat. Paris, f. 268. n. 10. The Popes Letters pre­vail not upon the Barons. They consult how to secure London, and make William de Albiney Go­vernor of Ro­chester-Castle. persued 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, [Page 503] 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 Ibid. n. 30. Isle of Wight was Sailed from thence to Dover, where he met his Messengers or A 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 indeavours 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 yeilds for want of Vi­ctuals. The B 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 perswasion 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 C best Quality Prisoners to Corf Castle, and others to Divers other Prisons, all the Ordinary Men, but the Cross Bow-Men,And Hanged the Ordinary Soldiers. he caused to be Hanged.

The Pope upon notice Ibid. n. 40. That the Barons persisted in the persecution of the King Append. n. 128. The Pope Excommuni­cates the Ba­rons. Excommunicated them, and Committed the Execution of the Sentence to Peter Bishop of Winchester, the Abbat of Reding, and Pandulph Sub-Deacon of the Roman Church, D in which Brief of Excommunication he injoyned the Archbishop, and Bishops by virtue of their Obedience, That they should cause the Sentece to be Published every Lords Day, and Holy Day, with Ring­ing of Bells, and Lightning of Candels, throughout all England, while the Barons fatisfyed the King for the Injuries done to him, and re­turned to their Obedience.

The Bishop of Paris f. 271. n. 50. Winchester and Pandulph personally attended E 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 Respit until he spake with the Pope; affirming,The Archbi­shop suspen­ded for Diso­bedience to the Pope. the Sentence had been obteined, by Concealing Truth, and therefore he should by no means Publish it, until by Discourse with the Pope, he Knew his Mind concerning it. Ibid. f. 272. lin. 2. The Barons declared Ex­comunicated. They value not the Sen­tence because not named particularly. These two when they found the Archbishop Disobedient to the Popes Command, suspended him F from entring the Church and Celebrating Divine Service, and then the Bishop of Winchester Declared all the Barons that had indeavored to Drive the King out of the Kingdom Excommuni­tate, and continued to do so every Lords Day and Festival. But they because not Named in the Popes Brief valued not the Sen­tence, Reputing it Null and Void.

[Page 504]In Ibid. n. 10. A. D. 1215. The Kings Procurators appear against the Archbi­shop November following the Great Council before mentioned was held at Rome, in which the Procurators or Comissioners of King John, the Ibid. fol. 273. n. 20. in the great Council at Rome. They accuse him with hol­ding Corres­pondency with the Ba­rons, &c. Abbat of Beaulieu, and Thomas de Hunting­don, and Godfry 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 indea­vored to De [...]hrone the King: That when he received the Popes com­mands A 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 Ibid. n. 30. Pope in Anger replied by St. Peter, he should not easily obtein the Benefit of Absolution, that had done so many affronts, not only to the King of England, but also to the Ro­man Church; Ibid. The suspensi­on of the Archbishop confirmed by the Pope and Cardinals. and having held a Consultation with the Cardinals, B 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 Append. 11.129. A. D. 1215. Bishop of Winchester and Pandulph had done, commanding ready Obedience to it.

The Ibid. n. 50. Canons of York chose Simon Langton Brother to Ste­phan,Walter Gray Chosen Arch­bishop of York gives 10000. l. for his Pall.C 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 Gray, whom they chose, and he at the Receit of his Pall Ibid. f. 174. lin. 4. obliged himself to Pay Ten Thousand Pound Sterling to the Court of Rome.

The King having 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. Albans, and there caused it to be published,D and from thence it was sent to all Cathedral and Conventual Churches through England to be Published.

At this place the King 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 indeavored to restrain the Excursions of the Barons in London. E

The King with his Army Marched to Notingham, and Ibid. n 40. and Marcheth to Nottingham, and wasts the Barons Estates. Their Castel­lans quit their Castles. send­ing several parties abroad, in his March wasted the Barons Estates, Seised their Goods, and Burnt their Houses, imprisoned their Tenents, such as were found out of Churches and Church-Yards, and forced them to Redemption; the Barons Castellans upon the Kings Approach every where left their Castles without Defence.

F

William Ibid. n. 50. The other part of his Army wasteth the Barons Estates in the East and South. Earl of Salisbury and Falcasius de Brent with the Forces left under their command at St. Albans, 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, [Page 505] Cambrige and Huntingdon Shires, were they make the like Ibid. f. 275. lin. 3. wasts upon the Barons Estates as the King did Northward, and further de­stroyed their Parks and Warens, and cut down their Hortyards: The Garison of Ibid. n. 20. Tonebrige and Redford Ca­stles surren­dred. Rochester took the Castle of Tonebr [...]gge, and Falca­sius de Brent the Castle of Bedford.

At Ibid. n. 20. A. D. 1216. Christmass the King was at Notingham, and on the Day A after he sent and summoned Belvoir Castle, The King takes Belvoir Castle. threatning to put Willi­am de Albiney the Lord thereof to Death, if it were not forthwith Surrendred without Capitulation; The Governors of it for the safety of their Lord carried Ibid. n. 30.40. the Keys of it to the King, who took pos­session of it on St. Johns Day, and Gave his Letters Patents of indemnity, and for the injoyment of all their Goods, to all That were in it.

B Yet notwithstanding, this Monk (who is always very Bitter and sharp against King John) 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 Divel) with the most Inhumane 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 inhumane Cruelties by Mat. Paris. Robbed and wounded them; That to extort Money from Knights, and men of all Conditions, they hanged them up by their Reins and Privities, C others by their Legs and Feet, some by their Arms, Hands and Thumbs, spitting into their Eyes Salt mixt 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 Ibid. n. 30.40. The King gets possession of the Barons Castles and Estates. still the King got poss [...]ssion 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 D to Hugh Bailiol and Pat. 18. Johan. M. 7. Dors. 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 E Codardvill a Knight and Reteiner of Faulx, and to Ranulph the German 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, &c.

From the North parts the Ibid. The King takes Berwick. King went into Scotland, and took Berwick and other places, which were then thought invincible, and F 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 Ibid. n. 50. Borders of Wales he took in many of his Enemies Castles, Demolish­ing some, and fortifying others.

[Page 506]The Ibid. & f. 277. lin. 1. The Pope Ex­communica­ted the Chi [...]fell of the Barons by name, &c. Pope having notice from the King that the Barons va­lued not his General Excommunication of them, Excommunicat [...]d the chiefest of them by name, and committed the Execution of his Brief to the Abbat of A [...]ndune, the Arch-Deacon of Poictou, and Ma­ster Robert Official of Norwich, Append. n. 130. by which he Excommunicated and Anathematised all the Barons with their assistants, and Favo­rers, which persecuted the illustrious King John of England, Vassal A to the Church of Rome, and Furthermore he Excommunicated, and Anathematized all those, who helped them to invade and possesss the Kingdom, or hindred any persons from going to, and assisting the King,He excomu­nicated the Citisens of London. And put the City under Interdict. and put all the Barons Lands under interdict; he also Ex­communicates the Citisens 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 B Date the 17th of the Kalends of January (i. e.) December 16th 1215.

The Append. n. 131. Cathedral and Conventual Churches in­joyned to De­clare and publish the excommuni­cation against the Barons. Commissioners upon the Receit of the Brief, writ to all Cathe­dral and Conventual Churches, injoyning 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 injoyned them to Publish thirty other Barons by name excommunicate, which were conteined in the C Sentence drawn up by Peter Bishop of Winchester, Pandulph, and the Abbat of Reding.

Upon the Publication of this Brief, only the 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 obteined by false Suggestions, and therefore of no mo­ment, D 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 it self 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.E

About the same Time, Ibid. n. 20.30 The Isle of Ely taken and plundered. Walter Buuk with his Brabanters entred the Isle of Ely, by Audrey Causeway. (Walterus Buuk cum Brabantiis suis versus [*⁎*] Herehie Elyensemintrans Insulam.) While William Earl of Salisbury, Faulx, and Sabari [...] de Malo Leone passing over the Ice entred 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 F was redeemed from fire, by the Prior for the sum of an Hun­dred and Nine Marks of Silver.

[Page 507]The Barons 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 forreign forces, which were King Iohns 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 A they Ibid. n. 20. sent Saher Earl of Winton, and Robert Fitz-Walter, to King Philip, and Lewis his Son, with Letters sealed with the Barons 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 Barons 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 B other Remedy, sent to him so many Hostages, according to his own Will, 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 Nevill, Baldwin Bre­ul, Giles de Melun, W. de Bellomonte or Beaumont, Giles de Hersi, Bise [...] de Fersi with a great Troup of Soldiers to incou­rage the Barons, who came up the Thames to London, and were re­ceived C with great Joy on the Twenty seventh of February.

About the same time Ibid. n. 40. Stephan Archbishop of Canturbury ha­ving given Caution at Rome, that he would stand to the Judgment 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.

D

At Easter Ibid. The Abbat 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, Append. n. 132. The Dean of St. Martins and several Chapters in London ex­communica­ted. to Publish the Sentence of Excommunication against the Chapters of St. Pauls and St. Mar­tins, and G. Bo [...]land Dean of St. Martins, and the Convent of Ho­ly Trinity, for their Contempt to the Pope in not publishing the Sen­tence E 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 Popes displeasure.

This 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 Iohn knew, and had learnt by F 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, pecuniae (que) si [...]or insatia­bilis; & ad omnia scelera pro praemiis datis vel promissis Ceream & Pro­clivum.) And therefore sent Messengers to him, who carried with [Page 508] them a great Summe of Money and promised a greater, and ingaged 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 Incouraged.

The Barons Append. N. 133. Prince Lewis incour [...]geth the Barons. for their better incouragement, 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 A that he would be suddenly with them.

In the mean while the Pope sent Mat. Par. f. 280 n. 30. The Pope sends his Le­gat to diswade the King of France from permitting h [...] Son to invade England. Wal [...] or Gualo his Legat into France to prevent the expedition of Lewis into England, who delivered to King Philip his Letters, by which he endeavoured to perswade 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 B it.

To which the 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 Iohn several years since, indeavoured to Dethrone his Brother Richard, for which he was accused of Treason, and Con­victed in that Kings 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 C 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 Popes Title.

The next day Ibid. n. 50 & f. 281. lin. 1. n. 10. The Pope [...] Legat dis­wades 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 Legat began to perswade D him, That he would not invade or possess England, the Patrimony of the Roman Church, and also applyed himself to his Father according to the Effect of the Popes 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.E

Upon which Word a Ibid. n. 10. The Arg [...] ­ments of Prince Lewis against King John and the Pope. Knight stands up and Argues for Lewis against King Iohn, and the Pope. 1st, That King Iohn 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 Murthers or Mans [...]aughters (pro multis homicidis) and other F 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 An­nu [...]l 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 Ʋnkinged himself, and the Kingdom was [Page 509] 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.

A The Legat Ibid. n. 20. The Popes Legat pleads for King John. urged that King Iohn was signed with the Cross (Cruce 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 Iohn 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 B he then deteined in Prison, and was then in actual War against his Master Lewis, and therefore the War he intended against him was just.

The Legat Ibid. n. 30. He is unsatis­fied, not satisfied with his Reasons, forbad 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 C to hazard his Life to obtein the Inheritance of his Wife, and then departed from the Colloquium or Conference, Ibid. n. 40 and leaves the Court of France. which the Legat 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 Legat was Angry and departed from Court.

D Lewis Ibid. Lewis receives his Fathers 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 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 E into England before the Legat.

At that Port 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 Cogs, 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 Ibid. lin. 3. King John dare not hin­der his Land­ing. at this time was at Dover with his Army which F Consisted of Strangers, and therefore he dare not attempt to hinder the Landing of the French, least his men should leave him, and go off to Lewis. From hence he marched, (leaving Hubert de Burgh Governor of the Castle) to Guilford, and from thence to Win­chester.

[...]
[...]

[Page 510] Lewis finding none 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 Citisens that were in Expectation of his coming, and he Swore to them upon the Holy Gospells, that he would give every one good Laws, and restore their lost Estates. A

When the 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 acknowlege, 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 B 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 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 C forthwith to Depart the Nation, and with great speed upon his 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 Iohn, with full as­surance that Lewis would obtein the Kingdom of England.

Who made Ibid. Simon Langton is made Chan­cellor He preaches against the In­terdict. Simon Langton his Chancellor, by whose Preaching the Citisens of London, and all the Excommunicated Barons D caused Divine Service to be Celebrated, and Drew in Lewis himself to consent to it.

Gualo the Legat Ibid. & n. 30. Gualo the Popes Legat comes into England. He Excommu­nicates Lewis by name, &c. And Simon Langton. followed Lewis into England with all speed, and got safe to King Iohn, who was then at Glocester, and there calling together as many Bishops, Abbats, and Clercs, as he could, excommunicated by Name Lewis, with all his accomplices, and Favorers, and especially Simon de Langton, commanding all the Bishops and others to Publish the Sentence against them every Lords E Day and Festival. But Simon de Langton and Master Gervase de Hobrugge Praecentor of St. Pauls London, said they had Appea­led, for the Right and Title of Lewis, and therefore the Sentence was null and void.

At this Time Ibidem. The Flemings, &c. leave King John. all the Knights and Ordinary Soldiers of Flan­ders and other Transmarine Countries left King Iohn, except the F Poictovins; some whereof went over to Lewis and others retur­ned home.

[Page 511]In the mean time 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, 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 A Country, and Killed several Thousands of the French.

Hugh de Nevill Ibid. &. n. 50. Hugh Nevill 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. Ibid. f. 283. lid. 1. Robert Fitz-Walter, &c. by force sub­due Essex and Suffolk ▪ William de Mandevil, Robert Fitz-Walter, and William de Huntingfield by Armed force B brought under his Obedience the Counties of Essex and Suffolk.

In the Ibid. lin. 3. King John fortifies and strengthens his Castles in the West. mean time King Iohn took care to Furnish and Streng­then as well as might be with Men, Victuals, and Armes, several Castles in the West, Walingford, Corf, Warham, Bristoll, the Devises, and others.

In the Midst of these Successes, Lewis received an Account from C the Ibid. n. 10. The Popes Answer to Lewis his Mes­sengers. Messengers he had sent to the Pope, that upon their Appli­cation to him and presenting his Salutation or Complement, 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 Append. 135. He is wave­ring in his Thoughts and favors be­tween King John and Le­wis. found him wavering, Pendulous, and Fluctuating in his stability and affection between himself and King Iohn, having on both sides consi­dered D his Interest.

The Reasons and Arguments presented to the Pope in behalf of Lewis by his Messengers were these. First, The 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. Murther of Duke Arthur his Nephew as before, and King Iohns 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 E 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 Iurisdiction of his Lord the King of F [...]ance. But if an Earl or F Duke Committed a Crime in the Kingdom of France, he might and ought to be Judged by his Peers; 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 [Page 512] safely enter the Kingdom of France, and Kill the Barons of that Kingdom, as he had Killed his Nephew Arthur.

The Monk Ibid. n. 50. Quere. Why the Monk said this? tells us the truth of the Matter was thus: That King John was not justly adjudged from the Dukedom of Normandy, because he was not Judicially, but Violently thrust out of it. For that he sent Eustace Bishop of Ely, and Hubert de Burgh, to let the King of France know,The Mutual Objections, Answers and Replys, &c. That he would Willingly appear in his Court, A 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? Ibid. fol. 284. lin. 1. Of the King of France, and the Envoys of the King of England. To which the King returned, If his Peers would permit him. And when the King of England's Envoys pressed that he might safely come into, and return out of France, King Philip sware by the Saints of his own Country, he should not depart without Iudgment, or Try­al. Ibid. lin. 4. Concerning his Answering in the Court of France, The Bishop urged the Dangers that might happen by his B coming without Safe-Conduct, and that he could not come to his Court as Duke of Normandy, but he must come as King of England; when as the same person was both King and Duke; which the Ba­ronage of England would no ways permit, though the King would submit to it: For he must either run the Hazard of Imprisonment or Death. as a Peer of that Kingdom. To which the King of France Rebutted, And what is this, my Lord Bishop? 'Tis well known the Duke of Normandy my Tenant hath violently acquired England; and if he suddenly hath acquired C any greater Honor, shall this prejudice his Capital Lord? shall He lose by it? Certainly not. 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, Ibid. Mat. Paris his Opinion about the Condem­nation of King John in the Court of France. The Monk notwithstanding what the King of Eng­land's Envoys said, the Great Men of France proceeded to Judgment; which justly they ought not to have done; because he that was judged D was absent, and would have appeared if he could. And therefore King John being condemned by his Adversaries, was not justly condemned. Ibid. n. 20. The Popes O­pinion about the Death of Duke Arthur. The Pope says Duke Arthur was taken by his Ʋncle at the Castle of Mirebel, after he had done Homage and Ligeance to him; and therefore might be put to Death without Judgment.

Secondly, Ibid. n. 30.40. The second Objection against King John, and the Popes 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 E appeared personally, nor sent any one to appear for him. The Pope answered, This was only Contumacy, and not a Mortal Crime, and was otherwise to be punished; and therefore the Barons could not judge him to Death. Lewis his Messengers replyed, That it was the Custom of France, That if any one was accused of Murther, and appeared not, but sent his excuse, he was judged as Convicted in all things; and the Issue of him barred from Inheriting. To which the Pope answered again, That suppose King John had been Judged to F Death, and his Issue barred, (which could only be for his Territories in France;His Answers to them again.) yet Blanch the Wife of Lewis ought not to succeed; but either the Sister of Arthur, or Otho Son of Henry Duke of Sax­ony by her Eldest Sister Maud; or the King of Castile her Brother, or the Queen of Leon her Eldest Sister. Ibid. f. 285. lin. 1. To which Lewis his Envoys again Replyed, That she had a Title, which was good while [Page 513] 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 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. Ibid. n. 10. Lewis his En­voys indea­vour to in­validate it. For William Longe-spee A and many with him came and invaded Lewis his Territories, There­fore his War was just against the King of England that sent him. Ibid. The Popes Answer to their Argu­ment for War against King John. The Pope answered Lewis ought not to make War upon him for what his Vassal had done, but to make his complaint to him as his Lord. To this the Commissioners Replyed, Ibidem. The Reply of Lewis his Envoys. There was a Custome in France, That when any Vassal made War upon any one by Autho­rity of his Lord, he might make War upon him again without complaining to his Lord. Ibid. n. 30. The P [...]pes Argument against the War. The Reply of Lewis his Commissio­ners. The Pope urged further, That the Barons were B Excommunicated, and all their Favorers, by which means Lewis would incur the pain of Excommunication; To this his Commissioners replyed he did not favor or Cherish the Barons of England, but pro­secuted his own right: And that he believed neither the Pope nor so great a Council would Excommunicate any man injustly, for that at the time of declaring the Sentence, they knew not what right he had to the Kingdom of England. Ibid. n. 40 The Popes Resolution. And after all, the Pope said he would determine nothing until that he heard from his Legat Walo. C This was the Discourse between the Pope and Lewis his Envoyes, their mutual Objections, Answers, Replyes, &c.

Lewis 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 Spoyls to London; where Gilbert de Gant came D 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 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 Ibid. f. 286. lin. 1, 2. Holland in Lin­colnshire Plun­dered. Lin­coln E with the Country round about, except the Castle, and put them under Annual Tribute. Then they Plundered Holland, and made it Tributary. 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 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, F 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.

[Page 514]At the Ibid. n. 20. Part of the Barons made an inrode into Cambridgshire, Norfolk and Suffolk, &c. Yarmouth, Dunwich and Ipswich re­deem them­selves. same time part of the Barons made a Cabalcade into Cambridgeshire, wasted the whole Country, and took the Castle; from thence they marched into Norfolk and Suffolk, and plundered them and all the Churches, and forced the Towns of Yarmouth, Dunwich, and Ipswich, to most Grievous Redemption; and Returning by [...] ­chester Committed the like Outrages there, and came again to their known lurking places of London, ad Ibid. n. 30. They return with their Plunder to London. not a Londoniarum latibula A reversi sunt.

After this the Ibid. n. 30. The Barons Besiege Windsor Castle. Barons gathered together a great force under the Command of the Earl of Nevers, and Besieged Windsor Castle, in which were Sixty Knights with their several Retinues. The French applyed their Battering Engines against the Walls, and the Defendants indeavoured to Beat them off.

B

Mat. Paris says Ibid. n. 40, 50. King John raiseth an Ar­my out of his Garrisons, with which he marched up and down the Countries and wasted the Barons Estates. The Barons leave the Siege of Wind­sor Castle and follow the King. When they could not take him they plunder the Countries, so soon as King John knew Dover and Windsor Castles were Besieged, out of his Garrisons raised a great Army, and for one Moneth Marched speedily up and down the Countries, and wasted the Lands of the Earls and Barons, Burnt their Houses, Destroyed their Fruit and Corn. That at Length, he wandered into the Counties of Norfolk and Suffolk, and there wasted the Estates of the Earl of Arundel, Roger Bigod, William de Huntingfield, and other great men. And that the Barons seeing they could make no progress C in the Siege of Windsor, left it in the night, and their Tents behind them, and Marched in all hast toward Cambridge, that they might shut up, and surprize the King: But he having notice of their Coming that way, made his Escape to Stanford, and from thence went to­wards Lincoln, the Castle whereof was then Besieged by Gilbert de Gant, who upon his Appearance fled with all his Forces. The Ba­rons hereupon having Missed the King, Plundered and Wasted the Countries, and Ibid. fol. 287. lin. 1. and bring their prey to London. returned to London with their Spoils and Prey; D 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 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 E called to him some of the Barons of England that remained there for the security of the City; and told them he was sorry for the Destruction and Ruine that was coming upon them, which they understood not. For Lewis had Sworn with sixteen Earls and Barons of France, that when he had Conquered England and was Crowned, he would for ever Banish all those that fought for him, and persecuted King John as Tray­tors, F 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.

[Page 515]When these things Ibid. n. [...]0. The Barons begin to re­pent of their usage of King John, and dispair of pardon from the greatness of their Crimes. were whispered amongst the Barons, they were much troubled; for they observed that when Lewis took any of their Castles from the King, he placed in them French Governors, notwithstanding their Oppositions. But it Grieved them most, That he had Stigmatized them with the Character of Traytors: And it ad­ded to their grief not a little, That they were Excommunicated. A 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 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, B 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 Append. N. 136. Lin in Norfolk a place of Re­fuge for the Kings persecu­ted Subjects, his Treasure there secured, &c. Lin in Norfolk, as it were a place of Refuge or Defence to those of his party, and his Loyal C Subjects: and there also without doubt secured his Treasure, Crown, and all his portable and moveable Royalties, as appears by the sequel of the Story.

When he left the West he came to Rot. Pat. 18 Johan m. 2, 3. N. 37. Oxford, where he was Sep­tember 3d and 4th, and thereabouts until the 8th of that Moneth, when he was at Ibid. M. 2. N. 25. Sunning,

  • D On the 13th of
    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.
  • E 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.
  • F 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 N. 137. Appen­dex, where three or four of the last Grants being very short are inserted.

[Page 516]'Tis probable 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 Huntington, Stanford, and to Lincoln the next day. And A 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 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 B Norfolk and Suffolk, and miserably wasted them; and going by Pe­terburgh and Coyland, plundered those Abbys; at length in his passage toward the North he took his way through Lin, &c. 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 Abby, which agrees with the latter C part of the Story in Paris, and the Patent Rolls.

For he says, Ibid. & n. 50 King John re­ceived with great Joy at Lin, &c. That the King coming to Lin, was Received with great Joy and Presents * 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, pretious Vessels, & Regalia, his portable Royalties in the River called (a) Well-Stream, where, says Mat. Paris f. 287. n. 50. the Monk, the b Earth opened in the Midst of the D [Page 517] Floods, He loseth all his Carriages and Treasure in the Washes between Marshland and Holland. He falls sick at Swineshead Abby. and they all passed into the Gulfe of the Abysse with men and horses; only the King with his Army hardly Escaped. And that night got to Swineshead Abby 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 Ibid. f. 288. lin. 1. Dyes at Newark. A scarce get on horse Back to Newark Castle (which was but 10 or 15 Miles from thence) in which place his Fever increasing, Ibid. lin. 8. he Dyed on St. Lukes Day, or the 18th of October at Night, after he had Reigned, saith Paris, eighteen years, five moneths, and four days.

His Body was Buried Ibid. n. 10. with due Solemnity in the Cathedral at Worcester.

B A very little while before his Death, Ibid. The Barons would have returned to their obedi­ence. The King gives the Ba­rons 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 C least) to his Loyal Subjects. As to give an Instance or two of many That are upon the Rolls; He gave the Estate of 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.

DEF

Ireland and Irish Affairs.

The Govern­ment of Ire­land, accord­ing to the Go­vernment of England.OF these much cannot be said in this Kings Troublesome Reign, only we may see his Intention was the same with his Fathers, to have the Government of that Nation according to the Government A of England, and the same Dependencys there, by the same Tenures as in this Nation, as appears by the Grant of the Honor of Append. N. 139. The Honor of Limeric Gran­ted for the Service of sixty Knights Fees. Limeric to William de Braosa in the Second of his Reign, and to his Heirs, as his Father King Henry had given it to Philip de Braosa Ʋncle to the said William, To hold of him and his Heirs by the Service of sixty Knights Fees; except the City of Limeric, the Donation of Bishopricks and Abbys, The Cantred of the Ostmans and Holy Island which King Henry Reteined in his hands; and except the Services of B William de Burgh, &c.

In the sixth year of his Reign Append. N. 140. Ʋlster gran­ted to Hugh Lascy. he signifyed to Meiler Fitz-Henry his Justiciary, and the Barons of Ireland, That he had Gran­ted to Hugh Lascy for his Homage and Service, The land of Vlster with its appertenencys, to hold as John de Curcy held it, the day that the said Hugh See that Story related in the begin­ing of this Reign. seised him in the Field, Saving to him the Do­nations of Bishopricks and Abbys in that Country.C

In the 7th year of his Reign he wrote to Append. N. 141. A third part of Conaught granted to the King thereof, to hold of King John as a Barony. Meiler Fitz Henry his Iustice of Ireland, That Dermut on the behalf of the King of Connoc had declared to him, That that King desired to hold of him a third part of the Land of Connoc, to him and his heirs as a Barony, and by the Rent of an hundred Marks by the year; and the other two parts by the yearly Tribute of three Hundred Marks. It should seem by this, that at this time Conaught was not fully reduced to the Obedience of the English. That he would grant to King John Two Cantreds in the two parts with the Inhabitants, and D Liberty to Build Castles, and to do what he pleased in them. The King thought this offer a good expedient to secure the King of Con­naught, and left it to his Justiciary to do what was best for him, with Direction to get if he could 400 Marks as a Fine or Income, and a Tri­bute of Cows and other things every year, toward the maintenance of the Castles he might build in those Cantreds.

In the ninth of his Reign he Confirmed to Append. N. 142. Three Can­treds in the Land of Cork granted for the Ser­vice of [...]on Knights. William Barry, E The reasonable Grant made to his Father Philip de Barry by Ro­bert Fitz-Stephan (he was Justiciary to Hen. 2d) of three Cantreds in the Land of Cork; That is to say Olethan with all its appurtenan­cies, and the other two, Musckerie Dunegan, and the Cantreds of Killede, with all their Liberties, and free Customes by the service of ten Knights, excepting the Rights of the Crown. F

For several years, Things by the Care and Circumspection of the Iusticiaries or Lieutenants, remained without any very Notable Commotions. In the thirteenth year of his Reign Mat. Paris f. 23 [...]. lin. 6. A. D. 1211. King John goes into Ireland and received the Homage of twenty petty Kings. King John Sayled with an Army from Milford Haven, and arrived in Ireland on the sixth of June. When he came to Dublin more than twenty petty Kings of that Nation met him, and did Homage and Fealty to him; some disdained to come, That were got into inexpugnable Fastnesses.

[Page 519]He caused the English Ibid. n. 10. The English Laws Establi­shed in Ire­land. John Gray Bishop of Norwich made Justiciary. Laws and Customes to be Established there, and placed Sherifs and other Officers in divers parts of that Na­tion, that should Govern and judge the people according to those Laws, and made John Gray Bishop of Norwich Justiciary, who made the money of Ireland of the same weight with that in England, for the Conveniency of Traffique between the two Nations.

A

This done, the King Ibid. n. 20. King Johns se­verity to his Enemies. Marched toward his Enemies, and took many of their Fortresses, Walter Lascy and many others fled before him, fearing they might fall into his Hands: At length he came into the Province of Meath, and Besieged a Castle, in which were Maud the wife of William de Braosa, and William his Son with his Wife, and took it, but these persons had escaped before, yet were taken again in the Isle of May, and presented to the King,For the Rea­son of this Kings severity against these people, see the History in the latter end of the year 1208. who caused them B to be cast into Irons, and sent Prisoners into England to Windsor Castle, where they were starved to Death.

And having Disposed and setled the Ibidem. King John re­turns to Eng­land. Affairs of Ireland accord­ing to his pleasure, he Returned into England on the 30th of Au­gust.

In the Pat. 14. Johan. M. 9. Dors. The Duke of Limeric re­conciled to him. fourteenth year of his Reign the Duke of Lemburic or C 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.

D

THese were so mixt and interwoven with the Secular Affairs of this Kings Reign, That they could not be Distinguished in Wri­ting the History. There were but two Councils of any note during the whole time, The one National [...] in [...]. in the Year 1200, held by Hubert Archbishop of Canturbury against the Prohibition of Geofry Fitz-Peter the Kings Iusticiary, and the other for the particular E Diocese of Salisbury held by that Bishop, Richard Pore, 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.

F

Taxes in this Kings time, and Money Levied by him for Scutage Service, &c.

SOon after his first Coronation, which was on the 27th of May 1199.A 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 Hoved. f. 454. b. n. 20. three Shillings.

In the year 1201. he had two Marks of every Knights 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.

B

In the year 1203. he took a 7th part of all the Earls and Barons Ibid. f. 209. n. 20. Goods that left him in Normandy.

In the year 1204. in a Parliament at 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 Ibid. f. 212. n. 20. levyed of the Earls and Barons that would C not follow him beyond Sea with their Service (infinitam pecuniam) a vast Summe of Money.

In the year 1207. he took a thirteenth part of all the 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 Ibid. f. 230. n. 10. Abbats, Priors, Abesses,D Templars, Hospitallers, &c. 100000 l. and from the White Monks or Cistertians 40000 l.

In the year 1211. he had two Marks Ibid. n. 50 Scutage Service of every Knights Fee, which furnished not out its Service to the Expedition of Wales.

In the year 1214. he Cl. 16 Jo­han. m. 24. Dat. apud Partenay 26 Maii. took of every Knights Fee of those that were not with him in Poictou, as well of E Bishopricks in his hands, as of Wards and Escheats three Marks.

F

The Issue of King John.

HEnry his 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) A in the year 1207.

Richard his Second Son, afterwards King of the Romans and Almain, Earl of Poictiers and Cornwall, was Ibid. f. [...] 226. lin. 1. born in the year 1208.

B His Daughters.

JOane the Eldest was Married to Pat. 10. Hen. 3. n. 1. Dor [...]. Alexander King of Scots, as appears upon the Patent Roll, 5 Hen. 3. M. 6. Dors. Dated at York, June 28. 1221.

Alienor his Second Daughter Pat. 10. Hen. 3. n. 1. Dor [...]. Married to William Marshall C the Younger, who Dyed without Issue A. D. 1231. and was remar­ried to Simon Monfort Earl of Leicester, on the Paris f. 465. n. 40. Morrow after Epiphany A. D. 1238.

Isabell his third and youngest Daughter was Married to 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.

D

His Natural, or Base Issue.

RIchard Ibid. f. 298. n. 40. the Eldest.

E Geofrey Sand. Ge­nealog. Hist. f. 86. Fitz-Roy.

Osbert mentioned as King Johns Sandf. ut supra f. 87. Son in Rot. Pat. 17 Johan. Part. 2. M. 16.

Olivar. mentioned as King Johns 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.

F Joan Sandf. ut supra f. 87. Married to Llewellen the Great Prince of North-Wales.

THE REIGN A OF King Henry III.B

IN the Eve of Simon and Jude, 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 Popes Legate, Peter Bishop of Winchester, Iocelin Bishop of Bath, Sylvester Bi­shop of Worcester, Ranulphe Earl of Chester, William Mar­shal C Earl of Pembroke, William Earl of Ferrars, John Mareschal, and Philip de Albeney, with Abbats, Priors, and a very great mul­titude met at Glocester 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 afore-mentioned 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 D Laity (Coram Clero & Populo) laying his Hand upon the Holy Gos­pels and Reliques of many Saints, Iocelin of Bath dictating the Oath, He Ibid. n. 20. His Oath. Swear, That he would bear Honor, 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 E 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 Iocelin 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.

F

After his Ibid. n. 40. The Earl of Pembroke Pro­tector. Coronation, he remained in the Protection of Wil­liam Earl of Pembroke, Great Mareschal, who forthwith sent Letters to all Sherifs, 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 [Page 523] 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 Holy-day.

All endeavours were used by the Protector, the Bishop of Winchester, and others, to reduce the Barons to their Allegiance and Obedience A to their Natural Prince, who then wanted One Moneth of the age of Ten years. In whose Name they wrote to Append. N. 143. Hugh de Lacy, 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 injoyment of all his Rights and Li­berties, if he complyed with that invitation, which bears the Earls Teste, and is Dated November 18, the First of his Reign.

B When Lewis and the Barons who besieged Dover Castle, heard certainly that King John was dead, Ibid. n. 50. Lewis and the Barons sum­mon Dover Castle. They were possessed with a fallacious Joy, that the Kingdom of England would soon be subdu­ed; Therefore Lewis summons Hubert de Burgo, Constable of the Castle, to surrender it, Telling him King John was dead, and that he could not defend it against him; and therefore if he would deli­ver the Castle, and Swear Fealty to him, He would not only reward him with Honors, but also make him one of his Counsellors. To C whom Hubert gave this Answer, That altho his Master was dead,Hubert de Burghs Reso­lute Answer. yet he had Sons and Daughters who ought to succeed him; but would not hear of surrendring the Castle, till he had consulted his Knights; who unanimously resolve in the Negative, lest by a shameful Surren­der Ibid. fol. 290. n. 10. They should be branded for Traytors; when this Resolution was made known to Lewis, he raised the Siege, and marched towards London.

D On the 12th of November following Ibid. Lewis takes Hertford. He came before Hert­ford, and besieged it, which at first was well defended by Walter de Godardvill, and many French were slain, but at last was yield­ed unto Lewis, upon Condition they might be secured of their Goods, their Horses and Arms. Robert the Son of this Walter claimed the custody of this Town, as belonging unto him by Antient Right; To whom the French Men replyed, That such English were never to be trusted, who had been Traytors to their own Master; However, Lewis E promised him, that when he had wholly subdued the Kingdom, every one should have their Rights restored. From hence he proceeded to Berchamstede-Castle Ibid. n. 30. and Bercham­stede. Spoils the Countrey., and after some small skirmishes and a few Sallies made by the besieged, he took it. After this he ravaged the Countrey, and spoiled the Inhabitants, until he came to St. Albans, and required the Abbat to do him Homage, which he refused, un­less released from his Homage to the King of Ibid. n. 50. England. Lewis inraged at this Answer, Sware He would burn both the Abby and F Town, unless he did what he required. Whereupon the Abbat (by the Mediation of Saher Earl of Winton) made a composition with him for himself and the Town, till the Candlemass following,Returns to London. and gave him Fourscore Marks of Silver to spare the Abby and Town until Candlemass, and then he returned to London.

[Page 524]In the year 1217. the young King Henry 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 Christmass at Bristol, with Walo the Legate, and William Mareschal, the Protector or Governor of the King and Kingdom; At this time there was a fluctuation in the Nobility, whether they should submit to young Henry or Lewis. The French they hated and despised, and the more because Lewis contrary to his Oath, had entred upon their Lands, Possessions, and Castles, and placed Soldiers and Strangers in them. And at the same time were ashamed to return to the King, A whom they had deserted; being thus perplexed, they could not tell which way to steer their course.

Mount Sorrel Castle Plun­derers de­feated.On the Twentieth of January several Knights and Esquires, or other Horsemen, went out of Mount-Sorrel Castle, to plunder the Countrey: The Garrison in Nottingham Castle had notice of it, and sent out a party that ingaged them, killed Three of their number, and took Ten Knights, and Twenty four Esquires (Servienses) pri­soners.B

About this time Lewis Ibid. n. 50. A Truce be­tween King Henry and Lewis. had notice from his Envoys at Rome, that unless He departed out of England, the Sentence of Excommuni­cation pronounced against him by Walo the Popes Legate would be confirmed by the Pope: Whereupon a Truce was made between King Henry and Lewis, until a Moneth after Easter; and that all things were to remain in the same State they were in that day. The C Truce was made until the term was expired.He pas [...]eth over Sea. In Lent Lewis passes over Sea, by which he lost the affection of the English Barons; And thereupon William Earl of Salisbury, William Earl of Arundel, William Earl of Warren, Many of the English Ba­rons return to their Alle­giance. and William Son of the Great Mares­chal returned to their Allegiance, and afterwards firmly adhaered to young King Henry, which very much weakened Lewis his party.

D

After Ibid. fol. 293. n. 40. William Mar­shal and Ra­nulph Earl of Chester, &c. Besiege Mount Sorrel Castle. the Solemnity of Easter was past, at the instigation of William Mareschal, Ranulph Earl of Chester, William Earl of Albemarle, William Earl of Ferrars, Robert de Veteri Ponte, Brian de Insula, W. de Cantelupo, Philip Mart, Robert de Gau­gi, Falcasius with his Castellans, and many other Garrison Soldiers met to besiege the Castle of Mount Sorrel, wherein Henry de Brai­brot was Governor, and with him were Ten stout Knights, and ma­ny other Soldiers; There were many vigorous Assaults made, and E 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 return'd from beyond Sea to London) that he would send Assistance, and raise the Siege, and they agreed to send such Force as might not only Relieve the Castle, but also sub­due the Countrey; There went out of London Ibid. n. 50. Six hundred Knights, and above 20000 Armed Men (Qui omnes aspirabant in F aliena) who all gaped after Plunder; the chief of them were the Earl of Perch, Mareschal of France, Saher Earl of Winton, and Robert Fitz-Walter, and many others who were judged very fit for that Expedition. They set forth the last of April, and marched towards St. Albans, Burning and Robbing Towns and Churches, spoil­ing all sorts of Men, and cruelly tormented them, that they might [Page 525] force from them excessive Ransoms; Neither did they spare Ibid. fol. 294. n. 10. the Abby of St. Albans, notwithstanding a little before the Abbar sa­tisfied Lewis. They marched from thence to Dunestaple, where they took away the Monks Cloaths, and with their polluted Hands Ibid. n. 20. snatched away the Holy Reliques from the Altar. After many Spoils, and much Rapine, they went directly to the 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 A 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 Ibid. n. 50 William Mar­shal, &c. raise an Army for the relief of Lincoln Castle. William Mareschal, Walo the Legate, and Pe­ter Bishop of Winchester, and others, who then managed the Af­fairs of the Kingdom, Summoned all the Kings Castellans, and Knights, and those that were in Garrisons in diverse parts, to meet at New­ark B on Whisun-Tuesday, to go along with them to raise the Siege of Lincoln Castle. They all shewed 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 persue 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 Ibid. fol. 295. n. 10. Esquires and Horsemen without number; That if necessity required, C they would supply the place of Knights. The chief were William Mareschal, 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 Mare­schal, William de Cantelupo, and William his Son, Falcasius, Thomas Basset, Robert de Veteri-Ponte, Bryan de Insula, Geo­fry de Lucie, Philip de Albiney, with many Castellans well exercised D 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 sese muni [...]bant) against the Assaults of their Enemies.

On Friday in Whitsun-week after their Confession, and receiving the Sacrament, The Legate Ibid. n. 20. shewed how unjust that cause was, which E Lewis and the Barons his Adherents had undertaken to defend, for which they had been Excommunicated, and separated from the Ʋni­ty of the Church; And then by name Excommunicated Lewis, The Legate encouraged the King's Army. and all his Accomplices and Favorers, 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 Enemies flight before they came thither; F When the 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 Kings 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, [Page 526] and the Mareschall: Ibid. n. 50. Wherefore they went out to take a View of the Kings 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.A

When the Kings Ibid. f. 296. n. 10. The Kings Ar­my Assaults the City of Lincoln. The Baro [...]s 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 B 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 yeilded to the Conquerors mercy; But the Earl of Perch Ibid. n. 30. The names of the cheif Pri­soners that were taken. re­fusing to yeild to any Englishman that had been a Traytor 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 C 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 obteined on the 19th of May, being Satur­day in Whitsun-Week.

D

The spoyl of the Ibid. fol. 297. n. 10, 20. The City and Cathedral Plundered. City and Cathedral was given to the Soldiers; for the Legat had commanded they should treat all Canonical persons as Excommunicated: When they had made an end of Plundering, William Mareschall commanded all his Castellans to return home with their Prisoners, and keep them under a strict guard till they knew the Kings pleasure.

Lewis 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 E 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 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 F toward the Coast of England, but by the way several of the Kings Ships under the Command of Philip de Albiney met with them, be­tween whom was a bloody Sea fight. Ibid. n. 30. And most ta­ken Prisoners. At length the French see­ing no hopes of Success or Escape, some desperately leaped into Sea, and the rest yeilded 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 Monks Head cut off. Eustachius the Monk offered a great summ of Money for his Life; but Richard the Bastard Son of King John calling him [Page 527] wicked Traytor, Told him he should never deceive any man further with false promises, and so cut off his head.

After this Ibid. n. 50. William Earl Marshal Be­siegeth London the Mareschall encompassed London with a great Army and Besieged it both by Land and Water; Lewis finding him­self reduced to great streights, signified to the Legat, and Mareschall, that he would submit to their advice, and consent to any thing Ibid. f. 299. n. 10. Lewis offereth a Treaty. A consistent with his own Honor, and without Scandal to his Friends.

They being very willing to be rid of him, send him a f. 299. n. 10. The Legat 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 Councellors accepted the offer, and sent to the Mareschall and Legat to fix upon a place and day, that a speedy Peace might be concluded. They appoint a place B nigh Stanes by the River Thames, where King Henry, the Legat, and the Mareschall, 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 Ibid. n. 20.30.40. The Form of Peace. Swore that he and all with him that were Excommunica­ted, would stand to the Judgment of Holy Church, and for the future, would be faithful to the Pope, and Church of Rome. That he would C forthwith depart the Kingdom of England, and never more return again with any ill design during his Life. And that he would endeavor 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 Legat and Mares­chall Swore they would restore to the Barons of England, and to all others D 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 E 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 Mareschall conducted to the Sea, and so passed over into France.

When the Legat Ibid. n. 40, 50. The Bishops, Abbats, &c. that assisted Lewis excep­ted from abso­lution. The Legat 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 F 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 Legat sent Inquisitors all over England, and whomsoever they found the least ingaged or inclined to Lewis and the Barons of what order and Dignity soever they were, They [Page 528] 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 Bisho­prick. and bestowed them on his own Clercs. Hugh Bishop of Lincoln paid to the Popes use 1000 Marks, and 100 to the Legat for his Bishoprick, whose Example many of the Bishops and Religious followed.

This year on the sixteenth of July dyed Ibid. fol. 297. n. 40. A. D. 1218. Pope Innocent the Third. To whom succeeded Honorius the Third. A

King Henry 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 Christmass at Northampton, and Fal [...]a­sius supplyed him with all necessaries for the Festival. In those days several of the Nobility and others, The chief of which were, VVil­liam 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 B 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 yeilded up­on Terms. but especially Robert de Gaugi (though Admonished several times by the King) refused to yeild up the Castle and Town of New­ark to Hugh Bishop of Lincoln. Whereupon the Great Mareschall at the Kings 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 C for the Victuals that was in it; the Bishop with the Kings 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 Kings 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 D departed not the Nation before Mid-Lent, they were to be imprisoned. And such as were Absolved, if they remained Friends to Lewis, &c. 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. Sherifs 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.E

On the 16th of March in the same year, Llewellen Prince of North­wales Cl. 2. Hen. 3. M. 4. The Prince of North Wales, receives in Custody the Kings Castles, &c. Received in Custody from Gualo the Popes Legat, the Kings 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 F for the King until he came at Age, and then they were freely to be delivered to him. He was to hold the Kings 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, [Page 529] 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 conteining the Confirmation, Aliena­tion, Sale or Donation of any thing in perpetuity, should be Sealed with the Kings Great Seal, until he were of full Age; and if any such Charts A or Letters Patents were made and Sealed, they were notwithstanding to be void. This Ordinance is Witnessed by Gualo the Popes Legat, 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 Christmass Ibidem f. 304. n. 10. William Earl Marshal Dyes, Peter Bishop of Winchester Protector. A. D. 1220. at Winchester: At B that time William Mareschall the Elder Dyed, after whose Death, Peter Bishop of Winton was made the Kings Protector or Guar­dian.

King Ibid. f. 309. n. 40. King Henrys Second Coro­nation. Henry was at Christmass 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 Arch-Bishop of C Canturbury, in the presence of the Clergy and Laity of the whole Kingdom, (presentibus Clero & Populo totius Regni.)

King f. 310. n. 30, 40, 50. William Foret Seiseth [...] Castle of Bi­ham in Lincoln­shire. Henry at Christmass kept his Court at Oxford with the Earls and Barons of the Kingdom.A. D. 1621. At this time William Foret without the Kings 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 D 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 Abbettors 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 E 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 sei­sed Fotherin­gay Castle. went privately to the Castle of Fotheringey and took it, and having Forti­fyed 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 Kings mercy on the 8th of February, who commanded they should be kept Prisoners F till further order. The Earl of Albermarle was introduced to the King by the Arch-Bishop of York, and at the intercession of Pandulf the Legat, the King was reconciled to him,Ibid, l. 57. Too much Le­nity gives in­couragement 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 incouragement to others to rebel, and to expect the same favor in the like Case.

[Page 530] 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. Pauls in London on the Monday after the Feast of St. Andrew next following.

The same year about the 8th of September, 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 A to Reginald de Braiosa, who sent to the King and importunately craved his assistance: The King having raised an Army marched thi­ther; But the Welch raised the Siege and fled at his approach: Then he marched toward Montgomery, where after he had plundered the Welch, 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 Knights Fee (Conce­dentibus Magnatibus de quolibet Scuto duas Marcas Argenti.) This year B the Ibid. f. 313. n. 10. The King of Scots marrieth Joan King Henrys Sister. Marriage between Alexander King of Scots, and Iohanna the Kings Eldest Sister was Solemnized 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. Dors. Her Joynture 1000 l. per Annum. Marriage, and a stricter Alliance then was before between them, on the Monday Sevenight after Trinity Sunday, and the Ioynture made to this Ioan Queen of Scots, which was in Lands, to the value of One Thousand Pounds by the Year, bears Pat. 5. Hen. 3. M. 6. Dors. C Date at York on the 18th of June M.CC.XXI.

A. D. 1222.In the Year 1222. the King Ibid. n. 20. kept his Christmass at Win­chester, Peter the Bishop of that City provided all necessaries for him.

This year a great Ryot fol. 315. n. 10, 20, 30, 40. A great Ryot in London. happened in the City of London, upon the following Occasion, A great Wrastling was appointed between D the Citizens and the Countrey people near adjoyning, on St. James's day, wherein the Citizens were Conquerors; which was much stomached by the Steward of the Abbat 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.E

The Citizens returned into the City meditating revenge, and met in great Numbers. Serlo the Major hearing of their tumul­tuous proceedings, came to them, and advised them to make their complaint of the injury they had received to the Abbat 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 Abbat and Steward de­served F to have their houses pulled down and levelled with the ground. This Counsel was approved of, and executed by the rabble to the great prejudice of the Abbat. When Hubert de Burgh the Justiciary had no­tice of these Ryotous proceedings, 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 [Page 531] Authors of this Sedition and Subverters of the Kings City, His Answer to the Justi­ciary. and who they were that thus dare presume to break the Kings Peace. Con­stantine answered, They had done less then 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 Iusticiary heard this Confession, he dismissed all but Constantine, and his Nephew, He is Hanged with two others. and one Geofry A 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 Citisens, Falcasius with a Guard carried him by Water upon the Thames to the place of Execution.

After this, Ibid. n. 50. the Iusticiary and Falcasius (i. e. Fawks de Breant) B 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 Ʋrbis Magistratus deponens, novos in Civitate constitu­it Praefectos.)

C

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 Vniversity 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 dyed, to add others.

D

On the 29th 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 Ionner 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 Cloaths, to be delivered to the King for his own use, by the Hand of the Farmer.

E

In the year 1223. the King kept his Ibid. f. 316. n. 50. The Archbi­shop and great Men de­sire a Confir­mation of their Liber­ties. Christmass at Oxford, A. D. 1223. and on the 13th of January met his Barons at London in a Parlement 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 F 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 Kings Counsellors replyed, 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 Ibid. f. 317. l. 3. [Page 532] 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 Sherifs 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.

A

The Contents of the Append. n. 149. The Writ of Inquiry di­rected to Twelve Knights, &c. Writ it self, 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 Burghs and without, and cause them to be proclaim­ed B 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 Mareschal fol. 317. n. 10. Lewelin King of Wales takes two of the Marshals Ca­stles. The Marshal retakes them, And kills 9000 Welsh. Earl of Pembroke was busied in Ireland, Leolin King of the Welch, took Two of his Castles, and put all to the Sword that he found in them, and placed Welch-men in their room; The Mareschal having notice of what was done,C returned with great speed into England, and forthwith Besieged these Castles, and retook them, and cut off the Heads of all the Welch-men, and then marched into Leolin's Countrey, and wasted all before him with Fire and Sword: Having totally defeated the Welch, 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,D 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.E

This year about the First of August dyed 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 F 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 Ransome; 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 [Page 533] obtain no other Answer, they returned into England, and gave the King an Account of it.

This year the Great Men of fol. 318. n. 20. The Great Men com­plain of Hu­bert de Burgh. England (Magnates Angliae) complained and murmured against Hubert de Burgh the Justiciary, alledging that he exasperated the King against them, and that he did not duely administer Justice. But that which more especially pro­voked A 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 B 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, Honors, 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 Ibid. n. 30 The Earls and Barons refuse to deliver up the King's Castles. &c. Earls and Barons (although admonished by the Bishops) did not render up their several Trusts, C but rather conspired together to put themselves in Arms, to disturb the Peace of the Nation, then give the King satisfaction in the pre­misses.

In the year 1224. the King The Earl of Chester threatens the King and Ju­sticiary. The Archbi­shop threa­tens to Ex­communicate him. kept his Christmass 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 D threatning 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 Kings hands all the Castles and Honors that belonged to the Crown, they should be all excommunicated by name, as the Pope had commanded. E The Earl and those that were with him, fearing the Kings power, He yields up all the King's Castles and Lands. and dreading the Church Censures, came to Northampton, and submitted, and rendred the Castles and Honors that were in their custody into the King's hands; However, their indignation was not appeased, because the Iusticiary was not removed. The Authors 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 F William de Cantelupo, and William his Son, and many others, which did very much endeavor to disturb the Peace of the King­dom.

This year Lewis ▪ 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 Summ of Money to Surrender the Town and Swear Allegiance to him. The Ro­chellers [Page 534] seeing themselves See Hubert de Burghs 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 Ibid. n. 30 A Parliament at Northamton, 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 A 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 Kings Iusticiaries at Dunstable, had set a very great Fine upon Falcasius de Brent for B the Rapine and Spoyls 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 Iusticiaries and bring them Prisoners to Bedford: who Impriso­ned one of the Kings 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.

Ibid. n. 40The King and the Council being highly displeased at this insolence and injury offered to his Justiciary; it was unanimously resolved to C lay all other business aside, and by force and Arms to reduce the Castle. But first the Kings Messengers summoned them to Surrender, and were answered by William de Brent, Falcasius his Brother, They did not look 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 Garison. The Castle taken by As­sault. and threatned (if taken by force) not to spare one man. The Arch-Bishop and Bishops Excommunicated Falcasi­us, D and all that were in Garrison in the Castle. But neither the Kings threats, nor Ecclesiastical Censures could prevail with them to yeild; After many Assaults the Kings Soldiers entred the Castle.

Many were slain and wounded, and the rest submitted to the Kings mercy, f. 321. n. 30. Twenty Four of the Garison 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 E of Alexander Bishop of Coventry Ibid. n. 40. Falcasius sub­mits to the Kings 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 F every Plough Land; and the King granted to the Great men Scutage, two Marks Sterling of every Knights Fee, to be levyed of their Te­nants. f. 322. l. 3. The King Grants to the great men Scutage from their Tenents.

[Page 535]In the year 1225. King Henry A Parlia­ment at West­minster..A. D. 1225. kept his Christmass 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 Kings 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 su­steined A 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 Ayd, That the Royalties of the Crown, and their Antient Rights might be recovered, for the re­trieving of which, He thought the Fifteenth part of all Moveables,A Fifteenth granted. both of Ecclesiastics and Laic's might be sufficient. This being pro­pounded Ibid n. 20. the Archbishop and all the Bishops, Earls, and Barons, B 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 C Forest: The tenor of these Charters, is to be found in the History of King John, both being exactly alike. A Moneth after Easter a day 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 Disforested: The Council being ended, Charters were carried to every County, and by the Kings Command every one sworn D 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 it self is Printed in the n. 150. Appendix.

On Candlemass-day following, the King Ibid. n. 40, 50. The King Knights his Brother Ri­chard, and makes him Earl of Corn­wal and Poictou. He with others is sent into Gas­coigny. The Knights and Soldiers of that Coun­trey come into him. He reduceth Gascoigny to Obedience. Knighted his Brother Richard, and Ten Noblemen with him, and made him Earl of Corn­wal and Poictou; In the Spring he sent him, accompanied with E William Earl of Salisbury, Philip de Albiney, and Sixty Knights into Gascoigny, who arrived at Burdeux on Palm-Sunday, and was Honorably received by the Archbishop and Citizens. Then Richard opened the Kings 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 Countreys, should give Ayd 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 F Wages from him. Then he marched with a great Army through all Gascoigny, and seised 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 Countrey, 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.

[Page 536] 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.

A

In March following f. 324. n. 20. Falcasius his Sentence. the Great Men met the King at Westmin­ster at a Parlement or Conference (Convenerunt apud Westmonasteri­um ad Colloquium Rex & Magnates sui) where the King Com­manded Sentence should be given against his Traytor 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,B 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 entred the Ship, he adjured the Earl with Tears in his Eyes, to let the King know, that what ever he had done,He was incou­raged in his Treason by the Great Men of Eng­land. was by the contrivance and incourage­ment 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 C 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, Ibid. n. 40. Twelve Knights, &c. to walk the bounds of the Forests. Hugo de Nevill, and Brian de Lis [...]e, with others, were sent by the King through England, to D 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 antient Forest was to be dis­forested. to walk the bounds of them, and by Oath of those that lived therein, to find out which were the Antient Forests, and which were to be Disforested. The Kings 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 disfo­rested at pleasure. The Great Men, the Knights, and Free Tenents, E 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.)

F

This year 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 repented whilest 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 f. 325. l. 1. kept them in their Houses or Publickly out of their Hou­ses, [Page 478] [...] [Page 536] [...] [Page 478] [...] [Page 536] [...] [Page 478] [...] [Page 477] [...] [Page 537] they should be denyed (the a. osculum pacis, & panem. b. 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 Arch-deacon or his Official, to make satisfaction the next c. Chapter after their Churching. All Priests in whose Parishes any such Concubines dwelt, if they did not A give notice to the Arch-deacon 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 fol. 325. n. 10. known his Concubine, He should do publick and solemn Penance: And if she were convicted of Adultery she was to be doubly punished, lest impunity in so great guilt, should give incouragement to others to offend in like manner.

This year the Pope sent Otho Ibid. n. 50. Otho the Popes Legat comes with Letters from the Pope to the King. his Legate into England with B 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 C the great and faithful Services both to him and his Father in the late Wars. The King replyed, 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 Judgment of his Court (Ab omni Clero & Populo Regni per Judicium curiae suae). And altho 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 solliciting the King any further for D Falcasius. Then the Legate fol. 326. lin. 2. A. D. 1226. took of every Conventual Church Two Marcs of Silver for Procurations.

In the year 1226. King Henry fol. 328. lin. 1. The King ta­k [...]n sick at Marleborough. kept his Christmass 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, E [Page 538] 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 Antient Scandal and Reproach cast upon the Church A 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 Mothers wants,The Pope desires an al­lowance of two Preben­daries of eve­ry Cathedral. And two Monks porti­ons of every Abby. 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 perswaded the Pre­lates B to Consent to what the Pope desired.

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 Arch-Dea­con of Bedford, who in the presence of the Legate, replyed, 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, C 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 Mareschal, 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 D now were absent, should be there. But neither would they admit of this, without the Ibid. n. 40. Kings Consent. So they all went to their own home.

At the same time 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 Popes Demands would be opposed by them, craftily dismisses the Procurators of the Con­ventual E Churches, imagining they should find a ready acceptance a­mong the Archbishops, Bishops, Abbats, and Prelates. When this contrivance was perceived by the 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 concern'd them, it was not propounded while they were present; Adding, that they were ve­ry F 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 (us (que) ad expositionem Capitis, & omnis honoris privationem) even to the loss of Life and Honor; especially when it hazzarded the subversion both of the Kingdom and Church. When the Legate heard their thoughts, [Page 539] he then shew'd them the Popes f. 330. l. 4. Bull, urging them to a complyance ▪ upon the same reasons Otho the Legate offered to the English Clergy: To which the Archbishop of Lyons Ibid. n. 20. 40. The Arch-Bi­shop of Lyons 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.

A

The same year Otho the Popes Legate 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 (Ʋt Convocatis Rege & omnibus Angliae Prelatis. The King and Prelates meet about the Popes 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. B Then the King, after Consultation with the Prelates, and some of the Great Men, returned this Answer f. 331. n. 10. They return a dilatory Answer. That though what the Pope urged concerned the Vniversal 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. sollicitous 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, C 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 dyed Lewis fol. 335. n. 10, 20. King Lewis dies. King of France, at the Siege of Avignion, and his Son Lewis was fol. 335. n. 10.20. His Son Lewis is Crowned. A. D. 1227. Crowned at Paris the 30th of November following.

D In the year 1227. King Henry 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 Christmass 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 Levyed, besides the Fifteenth part of all their Move­ables and Goods, as it had been granted unto him by the whole Nation: From the Burgesses of Northampton, he took for an Ayd 1200 l. besides the Fifteenth, which all other People paid. The Religious and Be­neficed E Clerks were forced to pay the same, as well out of their Ec­clesiastick as Lay-Goods. Their Appeal to the Pope did not avail them any thing; for those whom the Kings Authority could not, the Pa­pal Power by Ecclesiastical Censure forced them to pay.

In February following the King 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 Publick Affairs into his own hands, and by the F 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 Cancelled and Voided all the Charters of the Forests in every County, which for two years before had been ob­served in the whole Kingdom; alledging 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 [Page 540] that account was invalid.The people Murmur and accuse Hubert de Burgh. This occasioned great Murmurings, 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 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. A

This year Dyed Ibid n. 50. Honorius the Pope Dyes, 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 Arch-Bishop of York, the Bishop of Carlile, and Philip de Albiney returned from beyond Sea; They were sent to the Great men of those Countries, which of Antient That is, Nor­mandy and Anjou, Britany 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 B receive King Henry and Acknowledge him their Natural Lord. But the King of France, by his Mothers 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 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. Kings 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.C

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 Maner 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 D sent to his Brother, forthwith upon sight of his Letters to render the Maner to Walran. Earl Richard in great hast went to the King, and pleaded his right to the aforesaid Maner, offering to stand to the Judgment 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 commaded him either to yeild the Maner, or for ever depart the Kingdom; to which Earl Ri­chard replied, That he would neither part with the Maner, nor leave the E Kingdom (sine judicio parium suorum,) without the Judgment Ibid. n. 30, 40, 50. The Justitiary adviseth the King to secure his Brother. of his Peers, and forthwith made what hast 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 Mareschall, to whom he declared what passed between the King and him; together they went F 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 Mareschall, Richard Earl of Cornwall, Gilbert Earl of Glocester, William Earl of Warren, Henry Earl of Here­ford, William Earl of Ferrars, William Earl of Warwick, with [Page 541] many Barons and a great multitude of Armed men, They Demand the Charters which were Cancelled, may be new Sealed. The King gives his Bro­ther satis­faction. who entred in­to a Confederacy to force the King both to satisfie for this injury that was done to his Brother Richard, which they imputed to the Iusti­ciary, and to restore those Charters of Liberties lately cancelled 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 Mothers Ioynture to his Brother Richard, the Great men ur­ging A it, together with all the Lands that belonged to the Earl of Brit­tain in England, which were the Earl of Bologn's lately Deceased; so every one departed peaceably and satisfyed.

In the year 1228. the King Ibid. f. 344. n. 20. The King ap­points new Measures of Grain, Wine, and Ale. kept his Christmass 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 B 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 Dyed f. 350. l. 1 Stephan Lang­ton Dyes. 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 Arch-Bishop of Canturbury, and the Monks of Canturbury obteined 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 C 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 D following.

In August following the Knights and Soldiers that were in Mont­gomery Castle, Ibid. n. 30, 40, 50. The Welch 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 Welch on a sudden came upon them, killed some and forced the rest to retire into the Castle, and presently besieged it. E 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 Welch, he commanded it to be Fired.A new Castle built by the English. King Henry makes a dis­advantagious Peace. The new Castle Demo­lished. When the Iusticiary upon view of the place found it to be of an Impregnable Situation, commanded a Castle to be built there: But all the time F it was in building, the Workmen were frequently interrupted, and many killed by the Welch, and the King finding many of his own Ar­my inwardly favored Leolin, was forced to make a disadvantagious Peace, whereof this was one Article; That this Castle should be de­molished, and Leolin should give the King for his charges three Thou­sand Marks.

[Page 542] A. D. 1229.In the year year 1229. the King f. 353. n. 20 The Archbi­shop of Bur­deaux comes to invite the King into France. With large promises of assistance. The King gave him a slight dilatory Answer. kept his Christmass at Oxford, the Great Men being with him; while he was there the Archbishop of Burdeaux came to him from the Great Men of Gascoigny, Aquitan, and Poictou, and also Messengers from Normandy to sollicite the King to come in person into those Countreys, assuring him that they would be all ready, with Men, Horse and Arms to assist him in reco­vering his antient Inheritance, (Ʋt posset revocare amissas Haeredi­tates.) The King by the advice of his Justiciary, (whose Counsel he A 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.

f. 355. l. 4. The King's Messengers attend in vain, The Popes re­solution with­out Money. They promise him a Tenth of all Movea­bles in Eng­land and Ire­land. Alexander Bishop of Chester, Henry Bishop of Rochester, and Master John de Houghton Arch-Deacon of Bedford, the Kings Mes­sengers at the Court of Rome, according to appointment attended on B Ash-wednesday for the Popes 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 Moveables 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 Ibid. n. 20. The Pope voids the Monks electi­on. And makes Richard Chan­cellor of Lin­coln Archbi­shop. voided, and Richard Chancellor of the Church of Lincoln, was promoted by C 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 f. 361. l. 1. Stephan the Popes 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 Ibid. n. 40. The King calls a Parlement or Confe­rence of the Great Men. caused the Archbishops, Bishops, Abbats, Priors, Templars, Hospitallers, Earls, Barons,D 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 above-men­tioned business and other Exigencies. When they were met, Ste­phan▪ opened and recited to them the Popes Letters, urging both the Occasion, Necessity, and Expediency, which required, that what was promised by the Kings Messengers, should be consented to, and Granted. When he had ended his Speech, all expected the King f. 362. l. 4. The King ob­liged by his former pro­mise, did not oppose the collection of the Tenth. E would have opposed it, but he being tyed up by the fore-mentioned 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 Ibid. n. 10. The Bishops, Abbats, &c. 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 F Court of Rome. But the Bishops, Abbats, Priors, and other Pre­lates, after three or four days deliberation, and no small reluctancy, consented, least (if they opposed,) they should incurre the Sentence of Excommunication.) Then Stephan Ibid. n. 20. The Tenth was to be paid without any deducti­ons. shewed them the Popes 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 Expences, and was impowred to Ex­communicate whoever refused; and also to interdict their Churches: And because the business required speed, he gave notice to the Pre­lates [Page 543] 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 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. A And for the more ready raising of Money, he brought with him certain wicked Ʋsurers, (quosdam foeneratores nequissimos) who supplyed the Indigent with money, which they were compelled to borrow, although they were thereby irrecoverably ruined. Ranulph Earl of Chester 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 above-mentioned Tenths, notwithstanding they were paid every where besides in England, Wales, Scotland and Ireland.

B

The same year on Michaelmass Day, the King 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 C 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 Kings knowledge he was highly enraged, and laid the whole blame upon 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 Traytor, 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 Iusticiary, had nor Ranulph Earl of Chester, D and some others interposed, and prevented it. On the 9th of October following, Henry Earl of Brittain 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 Sayling, and a Winter Voyage might be to his loss. Upon this the King gave 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) E against all men of Brittain, 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 f. 364. n. 40. The King of England, and King of Scots, meet at York at Christmass 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 F 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.

[Page 544]This year f. 365. n. 10. A great Summ of Money Granted to the King. the Arch-Bishops, Bishops,, Abbats, and Priors, throughout all England gave the King a great Summ of Money for the recovering his Rights which were taken from his Father beyond Sea; And upon the same Account the Citisens 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 f. 365. n. 20. The King pas­seth over into Britany. 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 Brittain, 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; B 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 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 C with the King of England, and Earl of Brittain, 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, obteined 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 D the Earls of Champagne and Flanders, but could not; They entred 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 persued to the Gates of Paris. fol. 366. n. 10. Suspected for Poysoning of King Lewis, and of too much Famili­arity with the Kings Mother. That which moved these Great men so much against the Earl was, That they sus­pected him to have a hand in poysoning 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 E Queen the Kings 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 unchast actions both of this Earl and the Popes Legat.

While King Henry and William Marshal were busied in France, F 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 Englands Country. When Gaufrid de Marisco the Kings 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.

[Page 545]About the same time Ibid. n. 40. Several No­blemen of Normandy invite King Henry into that Coun­trey. Fulco Paganel, and William his Brother, Noblemen of Normandy, came to King Henry in Brittain, and swore Fealty, and did Homage to him; and also about Sixty Knights, stout and powerful Men, who perswaded him to enter Normandy with an Army, and he should not in the least doubt suc­cess. A The King liked the Advice, but Hubert de Burgh the Iusti­ciary would not suffer him to follow it, alledging the Attempt to be every way dangerous;He was un­seasonably di­verted, to their ruine. So these Noblemen went away miserably disappointed; for the King of France forthwith seized their Castles and Estates.

After this, by the 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 B secured the Countrey, 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 Parlement 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 Parlement or Conference (Convenerunt ad Colloquium, &c.) with the Honorable and Great Men of that Kingdom, who after the death of the Kings Father had made War one upon another; in which C Treaty, Peace was made upon the following Conditions, First, That the Earl of Champaigne, 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.

D

In the mean time King 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 Christmass; Those which were poor, having spent all their Money, Sold or Pawned their Horse and E 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 Kings departure 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 F the whole Army into Anjou, and took Gontier Castle, demolished it, and burnt the Town▪ and soon after entred Normandy in like man­ner, and took the Castle of Pontorsun, and levelled it with the groud, and burnt the Town; they returned into Britain with great spoils, without any loss to themselves.

[Page 546] A. D. 1231. In the year 1231. Ibid. n. 50. A Parlement or Confe­rence. The King de­mands three Marks Scu­tage of every Knights Fee. The King at Christmass 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 Knights Fee, of all that held Baronies of him, whether Laics or Prelates. But Ri­chard Archbishop of Canturbury, and some B [...]shops opposed it, al­ledging A that Ecclesiasticks were not to be Taxed, by, and with Lay­men, for that in Transmarine Countreys, 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 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 B Earl of Glocester, deceased, for which Homage was due to the Church of Canturbury: To whom the King replyed, 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 entred upon the aforesaid possessions,The Archbi­shop goes to Rome. The King sends to de­fend his cause. Richard Earl of Cornwal Marries the Countess. and also every one (except the King) that should converse with them, and then went C 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 Kings Brother Married Isa­bel Countess of Glocester, Sister to William Marshal Earl of Pem­broke; which William dyed immediately after that Solemnity.

This year in May the Ibid. n. 30. The Welch make incursi­ons into Eng­land. The Bishops Excommuni­cate them. Welch under their King Leolin made ma­ny Incursions and great spoils upon the Borderers of Wales, sparing D neither Sacred Persons nor Places; when the Bishops and Prelates heard of it, they Excommunicated Leolin and all his Favorers, and Abettors; and the King having raised an Army to repress them, built Maud-Castle, which the Welch 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.

E

This year in June fol. 369. n. 30. The King of France design­ed to invade Britany. His Carria­ges, Victuals, and Warlike Engines ta­ken. A Truce for three years. the King of France with a great Army designed to invade Brittain; but was prevented by the Earls of Brittain 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 surprized 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 Rhemes, and Earl of F Bologne; and on the King of Englands part by the Earls of Brit­tain, and Chester, who soon after came into Ibid. n. 40. Richard Mar­shal offers Ho­mage for his Brothers E­state. England with Ri­chard Mareschal, and were very honorably received by the King. Then Richard Mareschal offered to do Homage to the King, and whatever else was required of him, as Heir to his Brother William Mareschal deceased. To whom the King by the advice of his Justi­ciary [Page 547] gave this Answer, That He heard his The King re­fuseth to re­ceive his Ho­mage, and Commands him to depart the Kingdom. Brothers Wife was with Child, and would not determine any thing till that was certainly known; adding moreover, that He had confaederated with his Ene­mies in France, and upon that Account commanded him to depart the Kingdom within fifteen days; and never to return again, upon pain of perpetual imprisonment. When he received this Answer A from the King, he passed over into Ibid. n. 50. He resolves to recover his Inheri­tance by force Ireland, where he was kind­ly received, had all his Brothers Castles delivered to him, and had Homage with Fealty done him. Also Pembroke Castle, with the Ho­nor 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.

B About this time 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 Popes 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 Wives 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 C Plead Lay-Causes in the Exchequer, and gave Judgments 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 Kings Messengers pleaded many things on the Kings and the Justiciaries behalf, but to very little purpose;The Pope fa­vors 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 dyed D at St. Gemma, three days journey from Rome, the 3 of August, and the whole Transaction expired with him.

In October Ibid. n. 30. The King de­sired to have Married the King of Scots Sister Is perswaded not to do it. the King offered to Marry the King of Scots Si­ster, but the Earls and Barons, and especially the Mareschal op­posed it; alledging 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 Brittain and the Ma­reschal E to desist. After this he gave to the Earl of Brittain 5000 Marks of Silver, and so he returned into his own Countrey.

The Monks of Canturbury having chosen Ibid. n. 40. The Monks of Canturbury choose Ralph Bishop of Chichesher, Arch-Bishop. The King ac­cepts their choice. Ralph de Nevill 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 invest [...]d him with the Manors, and other F Rights belonging to the Archbishoprick, Then the Monks desired their Elect to allow them Money for their expences in their jour­ney, and at the Court of Rome to procure the Election to be con­firmed. He replyed, 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 [Page 548] Langton, 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

A. D. 1232.In the year 1232. King Henry Ibid. f. 372. n. 40. The Ki [...]g calls a Col­loquium, or Parlement. D [...]mands a general Ayd. 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 Parlement. The Clergy, because ma­ny were ab­sent, desire another time to treat a­bout the Ayd. kept his Christmass 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 Ayd. (Ʋnde ne­cessitate compulsus, ab omnibus generaliter Auxilium postulavit.) To B whom Ranulph Earl of Chester replyed 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 expences to no purpose, whereby they were reduced to poverty, (Ʋnde Regi de jure Auxilium non debebant) and therefore of Right they ought no Ayd 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 C 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 14th. of this year. Fifteenth day after Easter, was appointed for their meeting.

This year 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 entred into the Barns of the Roman Clergy that were Beneficed in England, and carried away, and large­ly D 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. Thinge a Knight, was their chief Governor, to whom they paid a ready Obedience. When these disorders had reached the Popes Ears, He sent very severe Letters to the King, blaming him for permitting such Rapine to be executed on Clergy-men; and Commanding him upon pain of Excommunication, and Interdict, E 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 Ibid. n. 30. The Pope sends a Com­mission to in­quire of the Transgres­sors, who were to be Excommuni­cated. Peter Bishop of Winchester, and the Abbat of St. Edmunds, 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 Transgressors, they should Excommunicate them, and send them F to Rome to be Absolved.

When the 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 above-mentioned Rapine, or consenting to it; there were some Bi­shops, and some of the Kings Clerks, with some Arch-Deacons and [Page 549] Deans; with many Knights and Lay-men, many High Sheriffs, their Bayliffs, 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 Kings Letters Patents, and his own, that they should not be hindred in their violent actings; a­mongst A others, there came to the King William Thinge, 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 Popes Sentence, whereby, he endeavoured by manifest fraud, to force from him the onely 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 B due Judgment: 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 fol. 372. n. 50. & fol. [...]76. lin. 1. The Monks of Canturbury choose their Prior Arch-Bishop. 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 C his Letters of Election to the Pope, he commanded some Cardi­nals to examine him; After three days Tryal, 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 perswaded 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 D Communicate his own Burthen, and commit the Pastoral care.

This year about Whitsun-week, Ibid. n. 20, 30. The Welch make inroads into Eng­land. His Counsel­lors upbraid him for suf­fering of it. He pleads po­verty. the Welch, 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 Welch, an inconsiderable People, thus to rob and spoil his Subjects. To whom the King replyed, That his Treasurers told E him, his Revenues would scarce afford him Meat and Cloaths, and to satisfy the accustomed Note upon the old Pipe-Rolls there was always entred in dis­charge so much yearly to such and such Mona­steries as the Kings 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 Honors, 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 F they took of their Revenues and Profits. The King took this Hint, and presently called his Sherifs and Baylifs to an Account, and who­ever was convicted of Fraud, was removed from his Office, and forced to pay the whole into the Exchequer with Ʋsury. 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 [Page 550] his Nephew, a Poictovin, was placed in his room; by this means the Kings Coffers were plentifully supplyed.

About this time Ibid. n. [...]0, 40. Hubert de Burgh turned out of the Office of Ju­stitiary. 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 Kings 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, f. 377. l. 1. That he had King Johns 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 replyed, That that Chart was not valid after King Johns Death, and did not at all bind the present B King from Exacting an Account from him. To this was added, Ibid. n. 10 and charged with other Crim [...]s. 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 Judgment of his Court. Ibid. n. 3. Hath time to Answer until the 14th of September. He takes Sanctuary. Hubert seeing him­self much pressed and streightned, required some time to give in his Answer, which was with difficulty obteined, and the 14th of Septem­ber following was the day appointed. In the mean time he took C 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: Ibid. n. 40. Many more Crimes char­ged upon him. Namely, That he had procured William Earl of Salisbury, William Mareschal, Earl of Pembroke, Falcasius de Brent, and Richard Archbishop of Canturbury, to be Poysoned; That he had gained the Kings Affection by Sorcery and Witchcraft. Others accused him of Injustice, Extor­tion and Rapine. And the Londoners entred their Complaint against D 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 &c. chosen Arch-Bishop. Sirnamed Blund, a Clerc and Student, E and Reader in Divinity in Oxford was chosen Arch-Bishop; and ac­cepted by the King, and went to Rome for his Confirmation.

On the 14 of September, the King Ibidem. A.D. 1232. A Parlement 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 F 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 Brittain. 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 Kings 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 [Page 551] 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 Citisens fear­ed the Con­sequences of the gathering together of the Rabble. Ranulph Earl of Chester perswades 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 Citisens, dreading the ill Consequences of such tumultous proceedings, went to the Bi­shop of Winchesters House in Southwark, and desired his Advice, who A told them, that whatever came of it, they must execute the Kings Pre­cept. But Ranulph Earl of Chester, hinted to the King, that if such tumultous proceedings 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 Favorites: which so wrought upon the King, that he presently dispatched a Messenger, with Letters to revoke his former Precept. At this the Citisens were startled, being disappointed of their B revenge, and returned into the City.

After this the Ibid. n. 50. Hubert had time given him to put in his Answer. Arch-Bishop 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. Edmunds 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 C Chappel 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 Horses Belly, they brought him in a most despicable manner to London, and put him into the Tower. When Roger 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 Churches Peace, and if he did not presently set D him at Liberty, and send him again to the Chappel from whence he was taken, he would excommunicate all that were concerned in this violation of the Churches 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 Chappel out of which he was taken. But at the same time sent to the Sherifs of Hartford and Essex upon pain of hanging, to go in their own person, with all the men of both Counries (cum omnibus homini­bus E duorum Comitatuum,) and encompass the Chappel, 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. 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 Traytor. But Hu­bert would choose neither of them, being conscious to himself, that he had done nothing to deserve so great Confusion. Yet to satisfie the F King, he would be content to go out of the Kingdom for some time, but would not abjure. But rather then be starved, he Ibid. n. 20. He yeilds him­s [...]lf to the Sherifs, is carried Priso­ner to the Tower. yeilded him­self to the Sherifs abovementioned, who brought him up to London, Fettered and Chained, and delivered him Prisoner to the Tower there.

[Page 552] 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 Sherifs 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 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 A 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 Summ, 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 Kings Name Demanded of him all the Treasure he had lodged with the Templars. Hubert Replied he would readily submit himself, and all B that he had to the Kings 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 replyed, That Hubert had faithfully served his Ʋnkle Richard and his Father (as he had heard) and if he had been other­wise C to him, he should never be put to Death; for he had rather ap­pear too Easie 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 Kings Brother, William-Earl of Warren, Richard Earl Mareschall, 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 D him. He remained in the Castle of Divises, under the Custody of four of their Knights, and made Lawrence a Clerc of St. Albans, 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 Judgment, 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 E 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 Chappel, and those that followed him, though they had F no order to do it, took him out of the Chappel and carried him to London: when the King heard of this, being Desirous to maintein the liberty of the Church, Commanded him to be carried back to the same Chappel; in which when he had staid many days, he was asked whether he would remain in the Chappel, or go out, and stand Tryal in the Kings 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 [Page 553] chose to come out, and stand to Law; yet he begged the Kings Mercy, and so went out, and the Kings 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, A or any other thing, and that he was ashamed he had staid 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 Cornwal, William Earl War­ren, Richard Marshal Earl of Pembroke, John Earl of Lincoln, Stephan Segrave Justiciary, Ralph Fitz-Nicholas, and others the Kings Tenents or Feudataries there being; where when he was ac­cused, B he would make no defence, nor undergo the Sentence of the Court; but submitted himself to the Kings 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 Judgment, 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 C Father, and all Writings and Instruments that concerned them, Then 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, then 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 Cornwal, William Earl Warren, Ri­chard D 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, then the Judgment was to take effect; and where­soever, or by whomsoever he should be found, he was to be used as an Out-law.

E 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 Kings 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 F 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 Christmass fol. 384. n. 20, 30, 40. A. D. 1233. The English Nobility re­moved from the Kings 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 [Page 554] Bishop, and Peter de Rivallis his Kinsman: So that the manage­ment of all publick Affairs was committed to them. The Poictovins and Brittans were now invited into England, Poictovins and Brittans 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 Forreigners. And when any Englishman complain­ed of their burthens, and oppression, to the King, they were hin­dred A of remedy, through the powerful influence of the Bishop of Winchester.

When Ibid. n. 50. Richard Earl Marshal speaks boldly to the King. Concern in the Poicto­vins. Richard Earl Mareschal 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 publickly, that by pernicious Counsels he called in Poictovins and Strangers, to the B 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 Forreigners. To whom the Bishop of Winchester re­plyed,The Bishop of Winchesters 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 Ma­reschal C and the rest heard this Answer, fol. 385. lin. 2. they retired from Court, promising faithfully to stand by one another in that cause, (us (que) ad divisionem corporis & anima) to the very parting of Body and Soul.

The last year in Autumn Ibid. n. 40. The Pope voids the Election of John Blund to the Archbi­shoprick 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 D to the Archbishoprick.

Soon after fol. 386. n. 10. The Earls and Barons refuse to obey the Kings 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 Forreigners 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, Ibid. n. 30. They pretend fear of Stran­gers that were insensi­bly landed in the Nation. E and promised by their Counsel to reform whatever was amiss; But when the Great Men heard, that upon the Kings 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 F 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.

[Page 555]The Ibid, n. 40, The Bishop of Winchesters 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 Tray­tors (Qui Regnum Angliae a suis proditoribus tuerentur.) The First A 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 Traytor, and threatned, if he did not de­part the Court he should be hanged. The next was Richard Sward a Knight, who had Married Gilberts Sister or Neice. 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.

B

On the First of August the fol. 387. lin. 3. The Earls and Barons come Armed to London. The Earl Ma­reschal reti­red into Wales. Earls and Barons came with a great number of Armed Men (In magno Militi [...] apparatu) to London to a Conference or Parlement (Ad Colloquium) according to the day prefixed. But Richard Earl Mareschal having received advice from his Sister Isabel, Wife to the Earl of Cornwal the Kings Brother at whose House he lodged in London, that snares were laid for him, C retired into Wales. But the Earls of Chester, Lincoln, Ferrars, and Earl Richard the Kings Brother, with many other Earls and Barons came thither, but nothing was done, because Earl Mareschal and Gilbert Basset were absent. Then the King, by the advice of the Bishop of Winchester, and Stephan Segrave Ibid. n. 20. The King summoned all that ought him Military Service to meet him at Glocester. Upon their refusal they are proscrib­ed and Treat­ed as Tray­tors. summoned all that ought him Military Service, to come to Glocester on the Sun­day before the Assumption of the Blessed Virgin (that is the 15th. of August) with Horse and Arms. But Richard Mareschal and others who were confederated with him, refused to come. Upon this the D King, as if they had been Traytors, burnt their Towns, destroyed their Parks and Warrens, and besieged their Castles; and without judgment 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 Ibid. n. 30. Several of the Nobility de­serted the Ma­reschal. Bishop of Winchester by 1000 Marks gained the Earls of Chester and Lincoln to the Kings [...]de; the Earl of Cornwal had be­fore E left the Mareschal, and returned to his Brother. When the Ma­reschal saw himself deserted by the aforesaid Earls, he entred into a Confederacy with Leolin Prince of Wales, and other chief Men of that Countrey,He confede­rated with Leolin Prince of Wales. and entred into an Oath to make no Peace but by ge­neral consent. Then the King 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. Davids, 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 F 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.

[Page 556]When the Ibid. n. 50. The Mare­schal de­mands resti­tution of his Castle. The Kings Answer. Fifteen days were expired, the Mareschal 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 Mareschal seeing neither Promises nor Oaths were observed by the Kings Counsellors, besieged the Castle, and without difficulty gained it.

A

On the 9th of October, fol. 389. lin. 1. The Great Men and Preaching [...]y [...]rs sup­plicate the King to be reconciled to hi 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 Fryars 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 Traytors who endeavoured the Peace, and by whose Counsels the Management of the Affairs of the B Kingdom ought to be directed. To this the Bishop of Winchester re­plyed, Ibid. n. 10. The Bishop of Winchesters Reply. The Bishops threatened to Excommuni­cate him and the rest of the Kings 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 Judgment to condemn them. When the Bishops heard this, they una­nimously Threatned by name to Excommunicate all the Kings prin­cipal Counsellors. In the top of the list stood Peter Bishop Win­chester,C Peter de Rivallis, Stephen Segrave Justiciary, and Ro­bert Passelew Treasurer. The Bishop of Winchester alledged 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 Kings mind from his Natural Subjects, and all those that disturbed the Peace of the Kingdom.

D

When in that Conference by an express the King was certified the Mareschal Ibid. n. 30. The King commanded the Bishops to Excommuni­cate the Ma­reschal, 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 Glocester with Horse and Arms the Day after All Saints.

E

The Ibid. n. 40. King having gathered together a great Army at Glo­cester, Marched towards Wales, but the Mareschal 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 Mareschal 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 en­tred the Camp,The Kings Ar­my defeated by the Mare­schals poli­cy. and put the whole Army into such disorder, that F they immediately fled, and left 500 Horses and all their Baggage for a Prey to the Mareschal, who would not suffer any of the Kings 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 f. 390. l. 2. (Ruptarios Pictavenses) in his [Page 557] Castles to hinder the Incursions of the Welch, under the Command of John de Monmouth, and Radulph de Toeny, and returned to Glocester.

Then the Mareschal fol. 390. n. 10. The Mare­schal surpri­zed by am­bush, and difficulty escaped▪ Marched towards Monmouth, which was Fortified and defended by Baldwin de Gysnes, with his Poictovins and Flemmings, to whom the King had committed the A Town; who seeing the Mareschal 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 Mareschal and retire with their Captain into the Town. When the rest of the Army Ibid. n. 50. h [...]ard what had befaln their General, they came with great fury, and re­venged B themselves upon the Strangers, killing and taking Captive most of those that came out of the Town.

Hubert de Burgh 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 C 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.

D

When the Bishop of Salisbury heard what was done,The Bishop of Salisbury Ex­communica­ted them for violating the Churches pri­viledge. 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 bad them, and with the Bishop of London and other Bishops obtained his liber­ty E 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 Sherif 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 F of that Moneth the King 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 Kings Court▪ or to do him Justice in the Kings 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 [Page 558] 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 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 joyned himself to the Kings Enemies.

A

In the year 1234. the King kept f. 393. n. 4 [...]. A. D. 1234. his Christmass at Glo­cester, 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 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 Mareschal, but being Countertricked by the B Mareschals Policy, he was defeated, and a great number of his Sol­diers slain, and he narrowly escaped. fol. 394. n. 10▪ 20. And spoiled the Estates and Goods of the Kings principal Counsellors. Then the Mareschal, and those that were confederated with him, ravaged, spoiled and burnt the Lands, Goods and Houses of the Kings 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 Glocester, not having sufficient force either to oppose,The Bishops urge the King to make peace with the Ma­reschal, but he refused. or repress these Devastations. From C whence he went to Winchester, and left those Countreys to his Enemies. The Bishops urged the King to make peace with the Ma­reschal, he refused, unless he would acknowledge himself a Traytor, with a Halter about his Neck.

When the King's 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 ruine the D Mareschal by Treachery, whom they could not conquer by force, which they compassed by this means.The Kings Counsellors contrive the Mareschals destruction. They composed and wrote Letters in the Kings Name without his privity, Sealed with [...] and Eleven of their own Seals, and directed them to Maurice Fitz-Gerold, the Kings Justiciary in Ireland, to Walter and Hugo de Lascey, Richard de Burgh and Geofrey Mar [...]h, and to several others (Juratos Marescalli Homines) the Marescals sworn Men, shewing, that although the Mareschal was proclaimed a Traytor,E and by the Judgment of the Kings Court Proscribed, and Devest­ed of his Paternal Inheritance, yet he ceased not to persue the King with his wonted Malice; wherfore they willed them as the Kings faithful Subjects, to use their utmost endeavors, when ever the Mareschal 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 Kings promise, and they would become F Sureties for the performance of it.

When the 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 Kings Charter, of what was promised, they would undertake to effect what was desired; Then the Coun­sellors [Page 559] 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 Mareschal, were to be divided among them; and dispatcht a Messenger w [...]h it to the above-named Irish Great Men, who no sooner received it, but they confederated, and resol­ved the destruction of the Mareschal. Then they raised a great Ar­my, and entred his Lands, took his Castles and plundered them, A that they might provoke him to come over into Ireland.

On Candlemass-day Ibid. n. 40. The King re­buked some Bishops, for correspond­ing with his Mareschal. the King came to a Conference (Rex ve­nit ad Colloquium) at Westminster, wherin the King severely rebu­ked Alexander Bishop of Chester, and some other Bishops, for having too much correspondence with the Earl Mareschal, and for endea­vouring to dethrown him. The Bishop in a great heat Excommu­nicated all those that suggested such things to the King. Ibid. n. 50. Ed­mund B 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 For­reigners 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 Kings time) and Peter de Rivallis, and their Accomplices: fol. 396. n. 40. Adding, That if he did C not very suddainly 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 custome 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.

D

On the Second of April f. 397. l 7. A.D. 1234. Edmund was Consecrated Arch-Bishop of Canturbury, the King being present.

On the 9th of April, the 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 E 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 depart 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 Countrey and F 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 unsetled Kingdom to a prosperous condition.

[Page 560]After this he sent Append. N. 155. Edmund the Archbishop of Canturbury with the Bishops of Chester and Rochester, to Leolin Prince of Wales, and Richard Earl Mareschal [...] Treat about Peace. [...] n. 40. The Mare­schal passeth over into Ireland to se­cure his Lands and Castles. But the Mareschal 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 A 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. Ibid. n. 50. The Mareschal 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 cowardise, 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 B 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 Kings Castles, as well as those of his Enemies. The Irish let him know by certain Templars sent to him, That he acted traiterously against his Prince in Ireland, as he had done in England, and by Geofry Marsh or de Marisco his contrivance, was desperate­ly fol. 400. lin. 4. wounded in Fight, and taken prisoner, where after some days continuance, he dyed of his wounds. fol. 403. n. 10. The King la­ments his death. When the King re­ceived C the news of his death, he much lamented the loss of so great a Soldier, affirming he had not left his 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 Glocester, 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 Ibid. n. 40. A. D. 1234. Letters to all those that were D proscribed, to meet at Glocester 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. Ibid. n. 50. The first that came to the Kings Peace was Hubert de Burgh, late Justiciary of England, and Earl of Kent, whom the King received with Kisses and Embraces. 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, E and had all their Rights and Inheritances restored, of which their Reconciliation 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 Mareschal, 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 F Councils.

The Archbishop and Bishops that were sent to Treat with Lewelin, made a Ibid. n. 156. A Truce made between the King and Lewelin Prince of Wales. Truce for two yeas, 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 [Page 561] made it: That all Lands taken from any one in the late War, should be restored; That all Men and Tenents 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 Cornwal, and Ralph de Tony, that they might be taken into it, if they would, for their Lands in the Marches.

A

At the same meeting the Arch-Bishop, produced a Copy [...] n. 30, 40. of that Treacherous Letter that was sent into Ireland against Ri­chard Earl Mareschal; And the King,The treache­rous design against the Life of Ri­chard Earl Mareschal 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: B 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 Tryal, some took Sanctuary in Cathedral or Conventu­al Churches, and others fled, as was believed, but hid themselves in the New Temple.

C

Then the King fol. 405. n. 10, 20, 30. Peter de Ri­vallis severely rebuked and threatened by the King. at the request of the Arch-Bishop 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 Traytor, and accused him for giving him pernicious Counsel, and required him to give an account of his D 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 Lay-men. The King told him he had hitherto behaved himself as a Lay-man, and as such he exacted what was committed to him; yet said, the Arch-Bishop 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. E and seized all his Lay-possessions, because under his Clercs Habit he had a Coat of Mayl, and a Knights Falchion at his Girdle, which did not become a Clerc; he remained there only two days, and then was taken out by the Arch-Bishop, carried to Winchester, But ta [...]en out by the Arch-Bishop. and put into the Cathedral.

The same Ibid. n. 40. Stephen Se­grave called to an Account, day appeared Stephan Segrave before the King; He called him Traytor, and added, that it was by his wicked Coun­sel, F 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 Arch-Bishop 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.

[Page 562]This year about the Feast of St. John Baptist, The fol. 406. lin. [...]. The King sendeth Aid to the Earl of Brittain. Truce be­tween the Kings of England and France expiring, King Henry sent o­ver to the Earl of Brittain 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 Brittains Castles, but was soon defeated by the English Forces,Their success against the French. The King of France re­solves to in­vade Brittain. and many of the French were slain, and all their A Baggage was taken; which so fretted the King of France, that he gathered together what Forces he could, and was resolved to invade Brittain. 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 B 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 Brittain any longer. King Henry answered, the Re­venues of his Crown were not sufficient for the Defence of that Countrey, as he found by the three last years expences, 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 Ibid. n. 40. Brittanny sur­rendred to the French. acknowledged him­self a Traytor, and then surrendred to him all Britanny, with the C Towns and Castles. The King of France told him he was a most wicked Traytor, 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, Ibid. n. 50. The Earl of Brittain turns Pyrate. He seized on all Rights and Honors that belonged to him in England. This misera­ble Earl being thus spoiled of all his Honors and Revenues, betook D himself to the Seas, and became an execrable Pyrate.

In the year 1235. King Henry at Christmass kept his Court at Westminster, with very many Bishops fol. 409. n. 40. A. D. 1235. and great Men of the Kingdom. About Candlemass Ibid. n. 50. Stephen Segrave and Robert Passelew paid each 1000 Marks, but were not received into the Kings former Favour, as they expected.

E

About Easter following, Peter fol. 410. n. 50. Peter Bishop of Winchester goeth to Rome to assist the Pope in his Wars. Bishop of Winchester, at the Popes 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 F better how to Fight then to Preach.

This year Isabell the Kings Sister was fol. 414. n. 40. Isabell the Kings 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 Lovain, fol. 417. n. 30. Her Portion 0 [...]00 Marks. for whose Marriage the King received two Marks of every Plough-land, 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 [Page 563] cepit Scutagium, duas Marcas de Scuto. For there was never so great a Tax upon a Plough-land. See the Prior of Coventry's Plea, Com­munia de Termino Sancti Hillarii 17 E. 3. with the Kings 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 A Knights Fee.

In the year 1236, The King at Christmass 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 Arch-Bishop of that place, to Alienor Second Daugh­ter to Reimund Earl of Provence, and she was most splendidly and solemnly Crowned fol. 420. n. 30. Queen at Westminster on the 19th of that Moneth. After the celebration of the Nuptials was past, the King went from London to Merton, where he met his Great Men, to B Treat with them about the Affairs of the Kingdom.

At this time and place were made the Laws Poultons Statutes, f. 9. called the Statutes of Merton, by the deliberation and consent only of the Arch-Bishop 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 Annal. Burton. f. 287 Merton, Coram Domini Rege Henrico, & coram venerabili C 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.

D Thither came the Emperors Messengers with Letters from him to desire the King without delay, to send over Paris f. 421. n. 50. The Emperor desires the King to send Richard his Brother to his assistance a­gainst France. Richard Earl of Cornwal 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 (Ʋnicus & manifestus Hae­res E Regni) of the Crown, and hope of the Kingdom, to expose his person to the hazards of War.The Kings 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 F years, from the 25th 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 Piracys 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 Dictators of amends to be made, for Dama­ges [Page 564] 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 A 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 sei­sed 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 B Arbitrators, which were sometime called Correctors, sometimes Dicta­tors 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.C

A. D. 12 [...]6.On the 29 of April the King 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 Pallace, and in treating of many things, for the Good of the Realm,Unjust She­rifs removed, and Corrup­tions in that Office preven­ted. the King laudably performed one thing, which was to D remove all Sherifs 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 moderatly. 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 E time was a great difference between Richard Earl of Cornwal, 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 Houshold, both from their Offices and his Council; and f. 430. l. 1. The Chan­cellor refused to deliver the great Seal. required the Bishop of Chichester his Chancel­lour, F 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.

[Page 565]Some time in May fol. 431. n. 20. Peter de Rivallis, Rivallis and Segrave re­ceived into favour. and Stephan Segrave were received into the Kings Favor.

On the 8th of Ibid. The King thought such grants inva­lid, that wan­ted the Popes Confirmation. June the King called the Great men of England together at Winchester; where the King by virtue of the Popes A Bull endeavoured to void some Grants he had made before he was Married, alledging they were invalid because they wanted the Popes Confirmation, to whom the Right of the Kingdom belonged, (ad quem jus regni Spectabat conferre.) The Great men were much surprised at the Kings endeavors to enslave his Kingdom to such base Con­ditions.

This year the 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 B Scots; who affirmed he had not only a Charter, but the Testimo­nies of many Bishops, Earls and Barons of King Johns Grant of the County of Northumberland to him upon the Marriage of his Daughter Iohanna. 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 Mareschal who had C marryed Margaret his Sister, and also the present Hostilities beyond Sea. 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.

D This year the f. 433. l. 1. The Popes Policy to gain Money from the English. Fryars 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 Fryar Thomas a Templar and one of his Domestics with his Bull to absolve any one from his vow upon payment of a certain Summ of Money towards the defraying the Expences of the Holy War, and whoever should pay any Money for this end, although he was E under no Vow, yet he should have the Benefit of this Indul­gence.

In the year 1237. at Christmass the King kept his Court at 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 F about the Kings 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 Kings Summons, believing some very great and diffi­cult affairs were to be transacted, and accordingly on St. Hilary's day [Page 566] an infinite Number of the Nobili [...]y, that, is the whole Ʋniversity of the Kingdom met at London, Infinita Nobilium multitudo, scilicet Regni totalis Vniversitas Londonias venit. When they were all met and Seated in the Kings Palace at Westminster, William de Kele Clerc, and a Domestick of the Kings, a discreet man, and well skilled in the Laws, arose, and as a Mediator between the King and Great Men, The Kings gratious offer and Demand. declared the Kings Pleasure and intention. That the King Commanded him to tell them that whatever he had done hitherto, He A 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 Kings necessities at this time pressed him to require an Ayd 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 replyed,The Reply made to him. That they had very often Granted and paid sometime a B Twentieth, then 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 streightned his Dominions; And for the Assistance of others, had extorted very frequently great Summs of Money from his own natural men (à naturalibus suis hominibus) as from the meanest of Slaves. The King Answered,The Kings Answer. That his Sisters Portion Paid to the Emperor, and his own Wedding had emptied his Pockets, and if they would C grant him a Thirtieth part, He assured them upon Oath, He would never more give them an Occasion to Complain. They replyed, 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 satisfie the Kings desires. And on the other side, the King being much 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 Popes Bull to void those D 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 in­excuseable. After this he added the Earl of Warren, William Fer­rars, E 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 Moveables granted to the King. Then a Thirtieth part of all moveables was granted to the King, excepting every mans Gold and Silver, and his Horses and Arms, which were to be used for the Benefit of the Commonwealth.

And for the due See Ap­pend. n. 159. Collection of the aforesaid Thirtieth part F which was made the year following, four Trusty Knights (4 Milites fide dignos) 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 Abby, 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 [Page 567] Levy, it was paid on this condition,On what conditions paid. That from thence forward the King should reject all Counsels and Advices of Forreigners 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.

A

About this time Ibid. n. 50. vid. fol. 403. n. 40. Leolin Prince of Wales puts himself under the Kings 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 B confirm it. The Record on the close Roll of 21 Hen. 3. m. 11. Dors. Dated June 16. seems to give much credit to this Relation.

This year fol. 437. n. 10, 20. Hubert in­curs the Kings displeasure. but is soon again recon­ciled. Hubert Earl of Kent incurred the Kings displea­sure in Marrying Richard Earl of Glocester his Ward, to his Daugh­ter Margaret, without the Kings 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, C which appeased the Kings Anger.

About the Nativity of St. John Baptist, 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 Cornwal his Brother, with other Great Men, under the conduct of the Arch-Bishop of York, and the Bishop of Ely to be his Deputies D 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 Christmass following.

About the Feast of St. Peter and St. Paul, June 29. fol, 440. n. 10. Otto the Popes Legate comes into England at the Kings request. Cardinal Otto the Popes Legate came into England at the request of the King, but without the Knowledge of his Great Men, for which (it was E 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, fol. 443. n. 10. He reconci­led the No­blemen that were at [...]a­riance. 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 endeavors Peter Bishop of Winche­ster, F Hubert Earl of Kent, Gilbert Basset, Stephen Segrave, and Richard Sward were reconciled to one another, as likewise ma­ny others.

According to the 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 [Page 568] or Castles, The King guided by Forreigners and his Libe­rality to­wards them. to be disposed of towards the defraying the ne­cessary expences 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 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 A it upon Forreigners. Adding, that the Archbishoprick, and all the Bishoprics of England had been void in his time, except that of York, Bath, and Winchester, beside what arose from Abbies, Earldoms, Baronies, Wardships, and other Escheats, and yet his Treasury never increased. Moreover he had lately called in the Popes Legate, where­by he had so inslaved 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 B these things, were John Earl of Lincoln, Simon Earl of Leice­ster, and Fryar G. a Templar, all of them born within the King­dom, which rendred 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.

C

On the 14th of September the King Ibid. n. 30, 40. A D. 1237. A Parlement 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 D Libratas terrae) a. Three hundred pound Lands by the year in England, a. 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. 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 remem­bred 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 E 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 entred 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 alters his Thoughts. he altered his thoughts of seeing Scotland, and kept close [Page 569] to the King of England, whom he found very obsequious in all things.

In the year 1238. King Henry at Christmass kept 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 Mareschal A late Earl of Pembroke. Soon after the f. 466. n. 20, 30, 40. The Pope re­voketh Otto his Legat 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 Legat 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.

B When 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 Forreigners. Earl Richard and the Great Men heard that Simon Montfort had privately Married the Kings 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 Mareschal, and all the Earls and Barons of England, seconded Earl Richard, whom they looked upon to be the Man that should C free the Land from Romans and other Strangers. No one now stood close to the King but Hubert Earl of Kent. When the Legat saw the danger the Kingdom was in, He applyed 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 Lay-men, or their Confirmation, and might concern him­self with Ecclesiastical Matters: But would not have it seem strange D 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 altho 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.

E When the Legat heard this f. 468. n. 10. he endeavoured by admonition, Entreaties, and threats, to allure or affright them into a comply­ance, but to no purpose, for the King saw their inclinations were bent 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.

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, F 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 Legat, and the other Great Men. At thi [...] time Simon Montfort and the Earl of Lincoln, [Page 570] by their humble submission, and the intercession of others, and some Gifts,Earl Richard brought [...]ver to the Kings 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 dyed Joanna Queen of Scots; eldest Sister to King Henry.

Simon 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 Kings A 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 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 [...], B and on the 14th. of 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 f. 469. n. 30, 40. Otto the Le­gate honora­bly 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 Honorably received by the Scholars, and lodged in the Abby of Osney. One day after dinner the Scholars came to pay their Respects to him. but were uncivily repulsed by the Porter, and ill Treated by the C other Servants, which occasioned reproachful words on either side. In the mean time a poor Irish Scholar begging for some relief at the Kitchin Hatch, the Legates chief Cook cast a Ladle full of boiling water on his Face; A Welchmnn standing nigh him, and seeing this affront, cryed 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 D made his escape, and hastened to the King, and with many com­plaints and Tears, related what had befallen him at Oxford 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 Legats Servants who were still in the Abby, 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 E consenting to the late Enormity. Soon after he summoned all the B [...]shops 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 Quarel was begun by the Legats own Servants, altho in the event the fault was on the Scholars side, whereof a great number of them were at his pleasure imprisoned, and the rest in a readiness to make their submission to him; Ibid. n. [...]0. At length the Legate was pre­vailed F upon to restore them on these conditions, That all the Scho­lars should meet at St. Pauls Church (which was about a mile from the Legats Lodgings) and go on foot till they came to the Bishop of Carlisle's House,On what con­ditions rest [...] ­red. and there should put off their Coaps, Mantles, and Shooes, and go to the Legat's House, and humbly beg his Mercy and Pardon; which being done by the Scholars, the University [Page 571] was restored, and the Legate promised it should be no infamy or re­proach to them.

This year soon after Easter the King sent assistance Ibid. n. 40. The King sendeth men to the Empe­rors 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 Emperors Obe­dience. A He likewise sent a Letter to the Pope in the Emperors 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 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 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 B 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 complyance with him by promises and threats, but to no purpose, for they elect­ed Ralph Ibid. n. 50. They choose the Bishop of Chichester the Chancellor. The Seal ta­ken from him. His Election voided at Rome. Neville Bishop of Chichester the Chancellor, which raised the Kings indignation to such a heighth that he bitterly reviled and reproached both the Monks and him, and violently forced from C 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 voyded.

This year when the fol. 474. n. 40, 50. A. D. 1238. A Plot against the Kings life discovered, and the Tray­tor taken. King was at Woodstock, on the 8th of September, there came one to his Court, who feigned himself mad, re­quiring D the King to resign his Kingdom to him; when the Ministers about the King would have forced him away with blows, he hindred 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 cryed out, and with her noise alarumed the Guards, who broke in upon him, and secured him till next morning, E 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 Christmass kept his f. 48. l. 3. Court at Winchester while he was at Dinner one Day, Gilbert Earl Mareschal came with several of his Friends to the Palace; Ibid. n. 20, 30. Gilbert Earl Mareschal re­fused entrance into the Kings Palace. He is very se­verely check­ed and repri­manded by the King. but were F denyed entrance by the Door-Keepers. 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 replyed, That R [...]chard his Elder Brother was a Traytor 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, [Page 572] He had restored to him both his Brothers Office and Inheritance, but could recall it when he pleased. When the Earl heard the Kings Answer, he retired from Court, and went into the North of England. On Candlemass day following, the King made Simon Montfort 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 fol. 484. n. 10. Otto again re­voked, but at the Kings re­quest, is con­tinued. revoked Otho his Legat; A 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 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 B removing him from his Court, used all allurements he could to pre­vail with him to return to his Office, but he refused, still remembring how he had been treated by the King in procuring his Election to Bishopric of Winchester to be voyded; when he had served both him and his Father so long with Fidelity and integrity.

This year in Lent Pope Gregory fol. 486. n. 40. The Emperor Excommuni­cated by the Pope. Excommunicated and Anathe­matized or Cursed Frederick the Emperor, because he justified himself,C and would not hearken to his admonitions.

On the 16 of June following Queen 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 Legat (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.

D

This year f. 490. n. 10, 20, 30. Ranulph Canon of St. Pauls falsely accused of Treason, by the Kings Writ he is Im­prisoned in the Tower. William one of the Kings Messengers being convicted of many Crimes, was Condemned to Dye; but to prolong his own Life, he accused several of the Court of Treason, and among the rest Ranulph Brito, Canon of St. Pauls 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, proceded to excommunicate all that were actually concerned in this violation of the Church's Peace. And the King be­ing E admonished by the Bishop to correct his Error, neglecting it, the whole City of London was threatened to be Interdicted by the Legate, London threat­ned to be in­terdicted. Arch-Bishop, 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 Tryal, but the Church would not consent to it, so at length he was set at liberty, but dis­charged F the Court. Stephen Segrave was now become one of the Kings 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.

[Page 573]On the 9th of August f. 497. n. 50. The King sheweth 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 A his Sister, and to avoid scandal had Marryed her; and then went to Rome to procure the Popes Confirmation of this unlawful Mar­riage: when the Earl heard these words from the King 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 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 Popes Legat. But in­stead B 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. 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 C before he entred that Kingdom, he was met by the King of Scotland, who told him, That never any Legate had entred 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 president.

D

This year several f. 525. n. 50. Articles of High Treason drawn up against Hubert Earl of Kent Articles of Treason, and high misdemea­nors were by the Kings Order drawn up against Hubert Earl of Kent, pretended to be committed by him while the management of the Kings Affairs passed through his hands. To all which he an­swered by f. 51 [...]. n. 29. Lawrence a Clerc of St. Albans (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 E King and all the Lawyers, or rather Serjeants, did what they could to make him guilty. Licet Rex cum omnibus prolocutoribus Bane [...], He resigned into the Kings 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 Kings Hands four of his Castles, namely Blanch, Grosmund, Screnesrith, and Hatfield. The Articles, and the Earls Append. n. 160. Plea to them are to be seen at large in Lib. Additament. Paris f. 149.

F

This year the Pope 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 Ʋniversal Church, to establish him in the possession of the Imperial Crown. To which the King of [Page 574] France answered; That he knew not Ibid. f. 518. lin. 4. The King of France refused to be ingaged 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 ingaged in so dange­rous an Affair.

A

In the year 1240. A. D. 1240.3. f. 523. n. 30. King Henry kept his Christmass 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 Cornwal.

In the Octaves of Epiphany (or 13th of January) Ibid. n. 50. The Bishops 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 B 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 hindring 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 C Enormities.

At this time the King received Letters by Messengers from f. 524. n. 20. The Empe­rors com­plaint against the King. the Emperor, wherein he complained that he had forgotten he had Mar­ried his Sister, when he suffered the Popes Sentence of Excommunication against him to be published in his Realm, and had inconsiderately called in, and continued in his Kingdom the Popes Legate, and Coad­jutor in these practices against him. Wherefore he desired he might D be thrust out of England as an Enemy, and pillager of his Subjects; to whom the King most shamefully answered,The Kings An­swer. That he ought to obey the Pope and his Ecclesiastical Commands, because he was His Tributary and Feudatary. Ibid. n. 30. He adviseth the Legate to depart 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 replyed, 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 E 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 Append. n. 162. His policy and contrivance to get Money. Absolution, and willing to spare their labour and expences 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 Popes Command, that he ought not bare­ly to Absolve them, but also to compel them to redeem their Vow.F That is, to compound for their Absolution.

In April following, Simon 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 Tenents, and other necessaries [Page 575] 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, Ibid. A great diffe­rence be­tween the Scholars and Townsmen of Oxford. where the Scholars obteined certain Liberties from the King against the Townsmen, and had his Grant or Charter of them.

About this time also the King Ibid. n. 40. Allegiance sworn to Prince Ed­ward. caused the Citizens of London A and the Wardens of the Cinque Ports to Swear Allegiance to Prince Edward his first Born.

On Tuesday before the 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 Northwales 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 Popes Legat, and the Bi­shops B of Norwich and Worcester, the Earl of Cornwall, and John de Monmouth on the Kings part; and the Bishop of St. Asaph, Ide­nevet Vaghan, and Eynguan Vaghan on Prince Davids 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 Legat so long as he staid 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 C Transgression against it as he should award. And after this Legantin Office was determined, or that he was Recalled, then they submitted themselves to the Jurisdiction and Coertion of the Arch-Bishop 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 Burnings, Slaughters, and other mischiefs done on both parts were to be remitted,

D

About that time f. 526. n. 20. An assembly of the Bishops and great men at Reading. The Legat 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 Le­gat what the Popes demands were. When they were come toge­ther, and Silence made, The Legat declared the Popes 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 E 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 Ʋniversal Church; wherefore they desired time to deliberate upon an Affair of so great weight 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,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 F deprived of its Liberties, without hopes of remedy, and that the 800 marks he gave to the Pope, availed nothing, he left England, and setled himself in the Abby of Pontiniac in France.

This year the Ibid. n. 40. Pope sent his Precept directed to the Arch-Bishop 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 [Page 576] England, and not to collate any others till they were all sufficient­ly provided.

This year Ibid. n. 50. Peter Ruby sent hither to be the Popes 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 Abbat had done; and then urged to others their examples, whereby many A were seduced and cheated of their Money. When the Abbats were sensible of this detestable practice, 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 Legat, who was then present, that He B 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 fore-mentioned exactions, but others refused to bring themselves under such detestable servitude; Ibid. n. 20, 30, 40, 50. The Bishops steady reso­lution not to consent. Then the Le­gat 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 C both by promises and threats, either to allure, or affright them into a complyance;The Clergy of Berkshire refuse to comply with the Legat. But they resolutely stood it out, affirming they ought not 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 judgment of the Church, nor because he possessed himself of the Patrimony of the Church, which used not Secular force against Hereticks, 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 D 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 f. 536. n. 30. The Legat's policy [...]o gain his ends. Legat and his Accomplices saw the steadiness and D constancy of the Clergy one to another, they endeavoured to set them at variance. The Legat went to the King, and soon in­clined him to favour the Popes cause; and his Associates, went to the Bishops and Archdeacons, some of whom they gained by promi­ses of preferments, and rewards; and by this means the unanimity and strength of the Ʋniversity of the Clergy was broken.F

This year Gilbert f. 540. n. 20, 30. Gilbert Earl Mareschal re­conciled to the King. Earl Mareschal, was through the pow­erful intercession of Richard Earl of Cornwal reconciled to the King. And Mauritius Justiciary of Ireland came to London, and by the Kings means the Earl Mareschal and He were made friends; and soon after f. 542. n. 30, 40. He removed Simon Norman from being Chancellor. Simon Norman the Chancellor, and the Kings chief Favorite, and the Legats close Friend, was removed from the Chan­cellorship, and all other preferments, but the Archdeaconary of Nor­with.

[Page 577]This year fol. fol. 545. n. 30. Edmund Archbishop of Canturbury dyed beyond Sea.

In the year 1241.A. D. 1241. King Henry fol. 548. n. 50. Otto the Popes Legat leaves England. kept his Christmass at West­minster, where he Knighted the Legat's Nephew, and a Provincial; and gave them plentiful Revenues. Four days after the Legat re­ceived Letters from the Pope, commanding him without delay to come to Rome. After he had taken his solemn leave of the King, A 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 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 Popes use.

B This year 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 fol. 554. n. 40, 50. The Pope's demand of the Abbat and Convent of Burgh. wrote to the Abbat 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 C wrote to many Romans that were Beneficed in England, to sol­licite and further it by admonition, if not, to compel them to a com­plyance with his desires. The Monks answered, they could do nothing without the Kings consent, who was their Patron and Founder;The Monks Answer. They refuse to comply. and also their Abbat 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 Abbat. This the Monks utterly re­fused, but desired they might not be pressed for an Answer till their D Abbat came home; and then they sent Ibid. 555. lin. 8. The King dis­pleased at the practice of the Italian Clerc: and acquainted their Ab­bat 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 Ibid. n. 30, 40, 50. A. D. 1241. Boniface the Queens Un­cle elected Arch-Bishop of Canturbury. Monks of Canturbury by the Contri­vance E 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 Mareschal was fol. 565. n. 30. Earl Mare­schal slain in a Turnament 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 Popes Legat at his Departure left behind him fol. 566. lin. 7. Peter F Ruby, and Peter Supin, and with them the Popes Bull, by which they had power to Collect Procurations, to Excommunicate, Interdict, and by several ways to Extort Money from the English Church.

On 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 Honor of that Earldom.

[Page 578]This year fol. 569. n. 50. Griffin trea­cherously de [...]lt 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 perswaded to release him. Upon this Richard Bishop of Bangor first Excommunicated him, and then applyed 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 malepert Answer, Affirming Wales would never enoy peace if he were s [...]t A at liberty. When 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 Welch: At the same time also Griffin the Son of Madoch, the most potent Man of the Welch promised the King his utmost assist­ance, if he would enter Wales with force.

The King having so advantageous an Offer made him, joyfully ac­cepted B it, and 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 Glocester 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 Wel [...]hmen to London, under the conduct of John de Lexintun, to be secured there in the Tower. Eight days after C 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 Welch Transaction was thus. The King had 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 D 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 Append. n. 165. next before the Invention of Holy Cross, in the year E 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. F and his fellow-Judges, who were there instead of the King: After two days wrangling, instead of Otto the Legat, 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 Moneth after Whitsun­day at Maneford-Bridge beyond Shrewsbury, to hear what could [Page 579] any ways be proved concerning the injuries done on either side, and on that day, another day was appointed for Judgment to be given by the Arbitrators, according to the proof before them.

Not long after this, the King was informed, That Append. n. 1 [...]6. The King had notice of a Confederacy against him by Prince David. David A contrary to his Oath given unto him, had confederated with, and drawn off the Brothers of Griffin Son of Madoch, and certain of the Kings Men in Kers, who had done Homage to him, from their Ser­vice and Fealty, and had received them into his Countrey; and that he intended to commit Burnings and Slaughters in the Lands of Ralph Mortimer, and other his Feudataries; That he had [...]y force seized the Lands of O. Vaghan 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 Countrey, laden with Wheat and other B 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 Moneth Append. n. 167. Senana the Wife of his Bro­ther Griffin came and complained to the King, That David had im­prisoned C 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 Judg­ment of his Court, whether he ought to be kept in prison; and that the King afterwards would by the Judgment of his Court according to the Law of Wales, cause him to have that part of his Fathers Inheritance, which he ought to have, which David by force with-held from him. And Senana undertook that her Husband and D 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 Cowes, and a Third part in Horses at Shrewsbury, to the Sherif of Shropshire. She undertook further for her Husband, That if at any time any Welch-man 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 Monte­alto E 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 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 Append. n. 169. Charts That they would F 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 16th.

[Page 580]On the 29th of the same Month Prince David Sealed his 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 Judgment of the Kings Court, whether Griffin ought to be prisoner or not; and also for the Portion of his Fathers Inheritance, which he claimed according A 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,B 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 C 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 Kings Subjects D within his Countrey 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 Append. n. 171. he made his Chart to the King, freely and willingly: That he and his Heirs should faithfully E 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 ingagement, then all his Lands or Countrey should be forfeited to him; and He and his Heirs should injoy 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 fol. 570. n. 40. Tinn-Mines first discover­ed in Germa­ny. Tinn-Mines were first discovered in Germany, F and by reason of the Purity and Quantity of that Tinn, the price of that Mettal was much lessened here, for before that time none had ever been heard of but in England.

[Page 581]About this time fol. 57 [...]. n. 40. Walter at first is refused, but afterward is restored to the Earldom and Mare­schalcy of his Brother. Walter Mareschal, Brother to to Gilbert late deceased, applyed himself to the King for his Office and Inheritance. But the King in great rage and fury denyed him both, urging against him the Treasons and disobedience of his Brothers, and his own undutifulness 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 A was prevailed with on the Sunday before All-Saints, to restore him to the Honors, 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 fol. 574. n. 10. and fol. 573. n. 50. Pope Grego­ry's death. His Collectors were too nim­ble for King Henry. August the 22. dyed Pope Gregory, and the Em­peror dispatched a Messenger to give King Henry speedy notice of B it, that he might seize the Money the Popes 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 Em­perors Servants, taken and imprisoned, and all their Money and Treasure paid into the Imperial Exchequer.

About the same time dyed f. 574. n. 40. A. D. 1241. Alienor the Daughter of Geofry Earl of Britany, having been kept in prison many years; by whose C 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 fol. 578. n. 50. Peter of Sa­voy resigns up all his Castles into the Kings hands. But is forced to be Gover­nor of Dover Castle. Christmass held his Court at Westminster, where Peter of Savoy Earl of Richmond resigned up into the Kings 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 Coun­trey, D but before he had taken Ship he was remanded by the King, and was constreined to be Governor of Dover-Castle.

This year the 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 ap­plyed himself to the King of England for Protection, perswading him, that by the help of the Poictovins and Gascoignians King of Ar­ragon, E and Earl of Tholouse, he might easily recover those lost Do­minions.

The King giving credit to these fair pretences Ibid. n. 40. King Henry is ingaged 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 proxi [...] ante P [...]rificationem B. Ʋirginis con­venirent de Arduis negotiis dilationem non capientibus cum summâ deli­beratione tractaturi, Wrote to all his Great Men of England, Arch-Bishops, F Bishops, Abbats, Priors, Earls and Barons, streightly 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.

[Page 582]The day after Ibid. n. 50. Earl Richard returns into England. Epiphany Richard Earl of Cornwal the Kings 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 A for the recovery of Poictou, and had confirmed the King in his resolution to Attempt it.

At the day appointed the 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 B 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 C Great Men that were his Favorites and Domestics, urging that they were Military men, and ought to be very desirous to have the antient Rights of the Kingdom recovered, and to have injuries repressed by force of Arms, therefore he wondred 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; D and the Kingdom nothing advantaged by it. fol. 581. lin. 1. Reasons against under­taking the War at that juncture. Moreover, they very much wondred 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 Traytors to their na­tural Prince: Adding, the unsuccessful Attempts that many of his E Predecessors had made in this nature. Ibid. n. 10. The King re­solved to per­sue 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.

F

Paris incon­sistent with himself in this matter.This is the Monks own account of this Colloquium or Parlement, 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 Ibid. n. 20, 30, 40, 50. A different Account of this Confe­rence. follo [...]s this, which he says was Written as a perpe­tual Memorial of the Baron [...] Answer to the King, it appears they never spake, 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 Cornwal, [Page 583] and Walter Provost of Beverly: By whom they advised the King to send to the King of France for amends, if he had done any thing contrary to the form of the Truce between them, and not to Declare War until the time of it was expired: If he had done any Injury, and that it could be proved, and denyed Restitution, they would assist him according to their Abilities: They counted many Aids they had given him, and remembred especially the last of a 30th part of their A Moveables, which was by stipulation to have been expended by the advice and oversight of four Barons for the Benefit of the King and Kingdom. And seeing they had not heard of any expended by their Advice, they did believe the King had all that Money by him, which he might now make use of; and told them the King by keeping many Bishopricks in his hands, by the Escheats of the Lands of Earls Barons, and Knights, by Fines and Amerciaments, his Itinerant Justi­ces had set upon Counties, Hundreds, Cities, Burghs, and Towns, had B of late raised a great Summ of Money; When the Kings Commissio­ners asked them, What if the King of France should break the Truce before it expired? And promised them in behalf of the King, That if he had done any Injury to any of the great men, he would make sa­tisfaction according to the Judgement of Peter of Savoy, and others of his Council: To the first the Barons Answered, as they had before concerning him. To the Second they said, they had heard those things formerly, when they Granted the 30th part of their C Moveables. But whether they had been performed, they left that to the King himself, and so remained Resolute in not Granting the King an Ayd. Not one Word here of any Billingsgate Language, or Revileing of the King, with which the Monks report doth very much abound.

When King Henry's fol. 582. n. 40. King Henry prepares for his Expedition The Earl of March his promise. Designs were known to the King of France, he prepared 24 Gallies to hinder the English from landing at D 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 f. 583. n. 10. The Kings Messengers to the Poictovins hardly esca­ped the French Bishop of Hereford were sent into Poictou, to secure the King of England what assistance and friends they could among the Poictovins; But both of them very hardly escaped being taken by the French, re­turned again to England without effecting any thing to pur­pose.

E Against Easter Ibid. n. 20. The Kings Summons to the Military Men not in the usual Tenor. He commits the Kingdom to the Arch-Bishop of York, and passes over Sea. A contract be­tween his Daughter and the King of Scots eldest Son. the King sent out Summons to those that ought him Military Service, to meet him at Portsmouth, not with Horse and Arms according to the usual tenor, but (in lieu of their Service) with a great Summe of Money (cum Magna pecuniae summa.) Then the King having committed the custody of the Kingdom to the Arch-bishop of York, and received into his favor the Bishop of Chichester, for­merly his Chancellor, and recalled Ralph Fitz [...]Nicholas, and God­frey Craucumb, he took Ship at Portsmouth [...] with Queen Alienor, F 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 [...]lexander Eldest son to the King of Scots, and Margaret his Daughter; and that part of the Kingdom which bordered upon Scotland, was committed to the Care of that King, at the time he should be beyond Sea.

[Page 584]The King of France was not idle all this while, but fol. 584. n. 30, 40. The number and quality of the French Army. prepared a great Army, which consisted of 4000 Knights exactly Armed, and 20000 Esquires or Servants, Crossbow men, and Common Soldiers, besides a dayly confluence of men from all parts of his Dominions towards Poi­ctou. He marched with his Army, and set down before 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 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.A 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 Ibid. n. 30. three years longer, and would consent he should have delivered to him the greatest part of Normandy and Poictou; but won­dred his Cousin of England should think that he infringed the Truce in the least, when he endeavoured only to correct and repress the insolence of his own men (suos homines) that proved Rebels and Traytors to him; and that he should be so much concerned for the Earls of B March and Thoulouse, and thought he had violated the Truce in receiving and incouraging his Rebellious Subjects and Enemies. With this Answer the fol. 588. lin. 1. King Henry re­fuseth the offers of the King of France Messengers returned to the King of England, who would not hear of renewing the Truce, but sent some Hospi­tallers in his Name to defie the King of France; who now began to Ibid. n. 10. The King of France con­cerned for the Oath of his Father Lewis to King Henry. His scruples are satisfied. His Successes against the Earl of March his Castles. repent he had made so fair Overtures for Peace, and expressed his Sorrow that the King of England should be thus wheadled by the Earls of March and Tholouse, and shewed himself most concerned C for the Oath his Father Lewis had made to King Henry when he left England. But one of his Great Men replyed▪ That that Oath was mutual, and that the King of England had violated his part, when he broke his promise to Lewis his Accomplices, and caused Con­stantine a Citizen of London to be hanged, for defending your Fa­thers Honor. This satisfyed the Kings Scruples, and then he pro­ceeded to make a vigorous attack upon the Castle, which after 15 days Siege was taken by assault, contrary to the confidence of all the Poi­ctovins, D and the Earl of March his Son, and all his Accomplices were made Prisoners. When some that were about the King advised that they might be executed for a Terror to other Rebels, He replyed; The Son obeyed his Father, They all Sur­render or Ca­pitulate. and the rest the Command of their Lord, and upon that Account neither of them deserved Death▪ however he sent them Prisoners to Paris, and there to be secured. This put the rest of the Defendents of the Earl of March his Castles into such an Affright, that some of their own accord came in, and delivered up E their Keys to the King of France, and others capitulated upon his appearing before them.

These uninterrupted Successes made the fol. 589. l. 1. The Earl of March repents him that he had ingaged himself against his own King. King Henry put upon great difficul­ties and di­stresses. Earl of March and his Poictovins almost desperate, who now began to repent they had ingaged themselves against their own Lord the King of France. In the mean time the King of England came before the City of Taille­burgh, and pitched in a Meadow over against it. When the King F of France heard of it, he marched with his Army towards that place; As soon as the Citizens had notice of his approach, they went out to meet him, and surrendred their City to him, and invited him to take possession of it. When the King of England saw himself thus disappointed, and that he must now fight the French with the men he had with him, Ibid. n. 50 He called to the Earl of March, and asked [Page 585] how he had performed his promise of procuring Men enough to baffle the French, if he supplyed them with Money: The Earl re­plyed, He never made any such promise.The Earl of March denies his promise made to him. Then Earl Richard produ­ced the Chart of Agreement between them. He denyed that it was ever made or sealed by him, or that he had ever encouraged the under­taking this expedition; but it was fol. 590. lin. 1, 2, 3, 4. the contrivance of his Wife and A 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, fol. 590. n. 10. Earl Richard goes to the French Camp▪ and obtains a Truce. disarmed himself, and with a Staff in his Hand went to the French Camp, where he was kindly and honorably received: and being introduced to the Kings Presence, he desired a Truce, which the King granted for one day, and a night following: Assoon as the Earl had obtained this Truce, he returned to King Hen­ry, and advised him to make his escape with as much speed as he B could, otherwise he would be taken prisoner 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 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 C 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 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, D and be reconciled unto him. He therefore privily sent to the Earl of Brittain, that he with the Bishop of Xaints, would use their endeavours with the King of France to procure his Pardon. Upon this they both went to the King, and assured him, That the Earl of March was sensible how much he had offended against him, and his Crown, and implored his Mercy and Favour; adding, he might re­ceive him under what conditions he pleased.

E The King of France 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 F 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. 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 [Page 586] the King of Englands Confederate. This was all done without the knowledge of King Henry; who had by 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 Ibid. n. [...]0. He is certified the King of France de­signed to be­siege that City, His flight to Blaie. designed to come and A 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 B 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 fol. 593. n. 50. Hertoldus his Fidelity to King Henry. Mirabell Castle, went to the King of England, and implored his protection; to whom the King replyed, He was be­trayed by the Earl of March, and was scarce able to secure his own person, and therefore gave him leave to act according to his own discretion. Then he went to the King of France, and submitted himself to his Mercy and Protection; to whom the King replyed fol. 594. n. 20. He is kindly received by the King of France. C 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 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 D 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 Courtesie 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 E Creuse, and Castrum A [...]hardi, Castle-Achard, which presently re­ceived his Garisons, and most of the Barons and Great Men of Poi­ctou did Homage to the King of France.

The day after Paris fol. [...]94. n. 30. Midsummer, Queen Alienor was brought to bed of a Daughter at Burdeaux, Queen Alie­nor brought to Bed of a Daughter at Burdeaux. A Truce be­tween Eng­land and France for five years. which was named Beatrix. In the mean time the King of France purposed to persue the King of England to Blay, and from thence to Burdeaux, if he fled thither. But want of Victuals and Forrage, and the Pestilence which raged in his Army,F together with his own illness, made him alter those measures he had before resolved upon; and instead of fighting, he made a Truce with the King of England for 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.

[Page 587]This year the King of England required 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. Ibid. n. 50. The King's unkindness to William de Ros. Earl Richard represents his hard usage to the King. A At the same time the King Treated William de Ros very unkindly, who after he had spent his Money in the Kings Service, and not ha­ving wherewithal to maintain himself, had his Lands seized with­out judgment 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, fol. 596. n. 10. He, William Earl B Mareschal, the Earl of Hereford, and many other Great Men, left the King at Burdeux, with his Queen, and took Ship and came over into England.

In October King Henry Ibid. n. 20, 30, 40. A. D. 1242. The King writes to the Arch-Bishop 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 C 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 Burdeux, 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 Forreign Counsels, and is deceived by them. which was done according to his desire: Moreover, he Command­ed the Arch-Bishop, that he should seize and confiscate the Estates of those that withdrew themselves from his Service; but the Arch-bishop prudently declined to execute his Command, because necessi­ty forced them to retire; and also they that continued with the D King at Burdeux, 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 expence 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; fol. 597. n. [...]0. so that E notwithstanding he had so many supplies of Money, and Provision, and Cloaths for his Soldiers, yet he was Ibid. n. 30, 40, 50. He desires one [...]ears profit of the Cister­cians Wooll their Answer to the King's desire. reduced to so great and urgent necessities, that He again wrote to the Arch-Bishop 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 Arch-Bishop to a com­plyance with the King's desires, who always was ready to suc­cor their necessities, One of the Abbats of that Order answered, F 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 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.

[Page 588] An. D. 1243.In the Year 1243. King fol. 598. n. 10. Henry remained all Winter at Bur­deaux; from whence in the beginning of March following he again Ibid. n. 40, 50. The King sends to the Arch-Bishop 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 Abbat of Eve­sham came to him. This amazed the Arch-bishop who had so lately sent such large supplies of both; from hence he conjectured the Sea A had devoured it: Wherefore he made further Provision both of Victu­als, and Money, and designed to send it unto him; but the 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 Pyracies of the Earl of Brittain, 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 fol. 599. n. 10. him to hasten his B return into England.

On St. Gregories Day (March 12th) the 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 Gascoins was to be Restored to him.

About this time, Ibid. n. 40, 50. The Kings pas­sage into Eng­land delayed by many Acci­dents. He commit's the Govern­ment of Gas­coigny to Nicho­las de Molis. the King wrote to the Arch-bishop, to pro­vide C 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 Citisens of Bur­deaux, 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 Burdeaux, to quiet the Tumults that arose among the Gascoinians; whereby the Archbishop and Great men of D 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 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 Citisens of London with variety of Inestimable Gifts, and by the Clergy, with a Pompous and Sumptuous Procession on the 13th of October following.E

This Year on the Nativity of St. John Baptist Innocent the 4th was chosen Pope, after One Year, and Nine Moneths vacancy.

This Year the Jews 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. F

On the first of November fol. 606. n. 40. Beatrix Countess of Provence, the Queens Mother, came into England, and brought with her, her Daughter Cincia, who was soon after Marryed 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 Weding was celebrated with great Pomp and Feasting, [Page 589] there being no less than 30000 Dishes provided for one Dinner. Tri­ginta Millia Ferculorum prandentibus parabantur.

In the Year 1244. King Henry at fol. 613. n. 30. The King and Court treated by Earl Ri­chard at Wal­lingford Christmass 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 A 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 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 Legat 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 Popes Clerks and Kinsmen as he desired, who thought any Reve­nue B under 30 Marks by the Year, not worth his receiving, lest he seem to be a Collector of Triffles. Ne quisquilias colligere videretur. Moreover he directed his Letters to several Abbats and Priors, strict­ly injoyning them to send him such Horses as were fit for the Popes special Clerk, and if they refused or made any Excuse, though never so reasonable, they were forthwith suspended, (as the Abbat of Malms­bury, and Prior of Merton were) until they should make full satis­faction, and when any Prebendaries of Churches became void, He pre­sently C seized them, and by Ʋirtue of the Popes 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 fol. 614. n. 50. The King of France his Offer to his Subj [...]cts 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 D 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 Princes 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 E 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 fol. 616. n. 50. Several new Counsellers made. Sir Paulinus Piper, Ste­ward of his Household, and John Mansell Chancellor of St. Pauls in­to his Council; and Master Lawrence of St. Martins was made Prae­sident F of his Council, and his Procurator in all Ecclesiastical Affairs. 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 brake in his descent, and he perished by that fall, which happened on the 1st. of March.

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[Page 590] A. D. 1244.This Year notwithstanding their Oaths Engagements and Charts the Welch men and their Prince had made to King Henry, fol. 638. n. 10. The Welch 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 Battel, in which there fell an hundred on both sides.A

The King on Barnaby Day, or the Eleventh of June, was at St. Albans 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 Welch; at which time likewise the King of Scots, let him know, That he neither did, would, or ought to hold the least Particle of the Kingdom of Scotland of him.

This year (saith Paris) the King Ibid. fol. 639. n. 20, 30. Summoned the great B 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 Collo­qiuum. Desires an Aid. but openly pretending, that the year be­before 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.C

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 Ʋniversity 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 D Bishops of Winchester, Lincoln and Worcester; On behalf of the Laity (ex parte Laicorum) Earl Richard the Kings 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 de Munt [...]i­chet, John de Baliol, 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.E

And because the 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 Chancelor, Writs were Granted, and Issued, contrary to Justice. It was Desired, That such a Justi­ciary, and such a Chancelor might be made, as would fix the state of F 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 [Page 591] 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 satisfie the Great men, then 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 Ibid. n. 50, & f. 640. line 1. The Clergy required by the Pope to give the King Money. tryed the Clergy apart, what they would do upon the Popes A 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 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 B men of the Kingdom should be chosen by Common assent, and sworn of the Kings 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 Kings 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 C 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 Ibid. n. 30. & f. 642. n. 10. The Popes Legate de­mandeth Mony of the Clergy. Counsels of D the Clergy were distracted by the Popes 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 Catholick 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.

E The great Men and Prelates f. 643. line. 8. The Kings 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 intirely to keep the Charter of Liberties which he had Sworn to at his Coronation; and gave Ib. n. 10. Twenty shil­lings of Every Knights Fee granted to the King. the B [...]shops 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 Knights fee, to Marry his Eldest F Daughter, of all those which held of the King Ibid. n. 20. in Capite; half to be paid at Easter, and the other half at Michaelmass.

The Controversie between the two Kings of England and Scot­land came to such an height,A. D. 1244. That King Henry 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) [Page 592] 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 A means of Earl Richard and other great Men, there was a Peace made upon these Terms, 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 Kings Enemies: That the Peace should stand Good, that was made in the presence of Otto the Popes Legat; and the Agreement concerning a Contract of Mar­riage to be had between the King of Scots Son, and the King of Englands Daughter.

The f. 647. n. 30.40. The Welch spoil the Borders. Welch at this time made great Slaughters, Devastation,B and burnings 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 Welch 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 attacqued them the Day after, they put him to flight.

C

On the Morrow of all Souls, (November 3d) the f. 650. n. 50. The Great men deny the King an Ayd. against the Welch. Prince David offered to hold his King­dom of the Pope. great Men of England met, of whom the King required an Ayd against the Welch, which they denied him.

David Prince of North-wales, intending to cast off the Yoak 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 D his Heirs might hold it of him Paying yearly 500 Marks; & for a great Sum of Money obtain'd the Popes [...]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 Dispence with, release, and make Null and voyd his Oath and En­gagements; and by Virtue of this Bull they Append. n. 172. summoned the King to appear before them on the Vigil or Eve of St. Agnes (January 21)E at Keyrus in Wales, to answer Prince David concerning the Con­tents of the Bull. This inraged the King, and also the Great Men, so as they urged him to March against David without Delay.

On the Paris f. 654. n. 50. The Welch overthrown first Sunday in Lent the Constable of the Castle of Montgomery, with such forces as he had with him, by stratagem overcame the Welch, and killed above 300 of them▪ David to make F good this loss, besieged the Castle of f. 255. n. 30. David besieg­ed and took Monthalt Castle. Monthalt, and took it by assault, and killed most he found in it, but missed of Roger de Monte­alto, the Proprietor of it, whom he thought to have found there.

About 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, 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 [Page 593] which great Sum moved the King both to Admiration and Anger; and the Vniversity of the Kingdom composed an Elegant f. 659. lin. 4. Epistle, in which they set forth the Execrable Papal Extortions, The English Complaint at the Coun­cil of Lyons, and by whom made. and the Exa­ctions of the Legats; (in qua Extortiones Papales Execrabiles, &c.) And sent it to the Council of Lyons, by Earl Roger Bigod, John Fitz-Geofrey, A William de Cantelupe, Philip Basse [...], Ralph Fitz-Ni­cholas ▪ and Master William Poweric a Clerc, in the Name of the whole Ʋniversity, who were to declare the importable Burthens of the King­dom by reason of the Popes Exaction of Tribute, to which the Vniver­sity thereof never consented, and to seek for Redress.

On the 30th of f. 659. n. 10, 20. Fulke Fitz-warrin sent to Martin the Pope's Legat. June the Vniversity of Military Men, that intended a Torneament (which was prohibited by the King) met at Luton and Dunstable, (in Bedfordshire) sent Fulk Fitz Warin, B to the New Temple at London, to Mr. Martin the Popes Clerc, and Instrument of his great Exactions; when he came to him, he looked upon him with a stern Countenance, He treateth the Legat roughly. and bad him be gone out of Eng­land immediately: Who commands me to do this, said Mr. Martin? Is it your self? To whom Fulk answered, the Vniversity or Body of armed men, that lately appeared at Luton and Dunstable, by me do Command you to do this; and bad him again be gone, or he and his Followers would in three Days be cut in Pieces: Mr. Martin much C 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 Pasport, which was readily granted,The Legat leaveth Eng­land. and for his great­er security the King sent with him Robert Noris, one of his Mar­shals to conduct him to the Sea.

D

The f. 666. n. 40. A. D. 1245. The English Procurators complaint in the Council of Lyons. Procurators of the Ʋniversity or Body of the Nobility of England before named, sitting in the Council at Lyons, Mr. William Poweric their Clerc stood up, and propounded the Grievances of the Kingdom of England in behalf of the said Ʋniversity, 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 E consent; whereupon they craved Justice with Remedy; To which complaint the Pope made no answer; yet William Power [...]c produced the Append. n. 173. Epistle, which de [...]lared the many Extortions made in Eng­land by the Roman Church, which was read in the Council. After some time of Wayting, the Procurators returned without f. 681. n. 30. a satisfactory Answer: yet at length he 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 hinderance of him, or his Legats. But after­wards, F with a Non 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 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 [Page 594] their Service: The Welchmen kept themselves upon their Moun­tains, and in their Woods and fastnesses, and took their Opportuni­ties now and then to Destroy some Parties of the English; and all that King Henry did in 10 Weeks time, was to f. 682. n. 20. f. 683. & f. 684. n. 30. build the Castle of Bannoc, which when he had finished, and put a strong Garrison into it, he returned into England, having destroyed all the Victuals and Forrage upon the Borders, and in those parts of Wales where he had been; and returned into England with his Army: At A the same time the Irish by the King's Command landed in the Isle of Anglesey, which was the place of Refuge for the Welch, and burnt, and destroyed the whole Country.

In the Spring following, f. 695. n. 40. A. D. 1246 Prince David dyeth with­out Issue. died David Prince of b. North­wales, without Issue; in whose place the Welchmen chose the Son of Griffin Prince of Wales. Dr. Powel says from the British History, That the Lords and Barons of Wales upon the Death of David came B together and chose History of Wales. p. 314. Owen and Lewelin, who divided the Princi­pality between them, and received their Homages.

This year in a Parlement at London there were severe A Parlement at London. Laws made against such as Robbed Parks or Warrens. 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 C that his Deer was stoln, and Inquisition was made by the Kings Writ, if he that was Indicted was Convicted, he was to lye in the Kings Prison a Year and a Day, and to pay three years value of his Estate, having just sufficient allowed out of it, to maintain him; after which the King was to have two parts, and he that received the injury, one; and then he was to find twelve Sureties, that he should never do the like again, in Parks, Warrens, or Forests; nor do any thing against the Kings Peace, who were to answer for his Body and Trans­gression. And if any one were taken in a Park or Warren without the D Kings Writ of Inquisition, he was to be Imprisoned, Fined, and to give Sureties as before.

On Mid-Lent Sunday a most General Parlement of the whole King­dom met at London according to Summons, Paris f. 698. n. 40, 50. A General Parlement held at Lon­don. where the King Con­ferred with the Bishops apart, the Earls and Barons apart, and the Abbats and Priors apart, about the Popes not keeping his promises con­cerning the Removal of their Grievances, which were these,E

Papal Excti­ons and Op­pressions. First, That the Pope not content with the payment of Peter-pence, op­pressed the Kingdom by Extorting from the Clergy great Contributi­ons, without the Kings Consent, against the Antient Customes, Liber­ties, and Rights of the Kingdom, and against the Appeal of the Pro­curators of the King and Kingdom in the General Council of Lyons.

F

[Page 595] Secondly, The Church and Kingdom were oppressed, in that the Patrons of Churches could not present fit persons to them, because they were given by the Popes Letters to Romans, who understood not the English Language, and carried all the Money out of the King­dom to the Impoverishing of it.

A Thirdly, The Nation was oppressed by the Popes Exaction of Pen­sions from Churches.

Fourthly, The Church and Nation suffered, for that Italians suc­ceeded Italians, and the English were forced to prosecute their right out of the Kingdom, against the Customes and Written Laws thereof, and against the Indulgencies of the Popes Predecessors granted to the King and Kingdom of England.

B

Fifthly, The Church and Nation infinitely suffered, by reason of the Clause of Non obstante, which weakned and enervated all Oaths, Ancient Customes, Written Laws, Grants, Statutes and Pri­vileges.

Sixthly, The Church and Kingdom suffered, for that in the Parishes where the Italians were Beneficed, there was no Alms, no Hospitality, C no Preaching, no Divine Service, no care of Souls, nor Reparations done to the Parsonage Houses.

The Result of the Conferences upon these Grievances was, That yet,The result of this Confe­rence upon these Grie­vances. for the Reverence due to the Apostolic See, they should again Suppli­cate the Pope by Letters, to remove the intolerable Grievances, and importable yoak, and this was done according to the Kings separate Discourse with them. The King wrote by f. 699, 700, 701. himself, the Bishops by D themselves, the Abbats by themselves, and the Earls and Barons by the name of the Ʋniversity of England, by themselves, as appears by their particular Letters extant in Mat. Paris.

But notwithstanding this Appeal, f. 681. n. 40. The English Bishops at the Council of Lyons impo­sed upon by the Pope. the Pope just before the Dis­solution of the Council of Lyons, caused the English B [...]shops to put their Seals to the Instrument of King John, by which he engaged himself and Heirs, to pay a Thousand Marks a year to Innocent the E 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 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 F 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.

[Page 596]This year by great f. 705. n. 30. The Office of Marescalcie granted to Earl Roger Bigod. Intercession the Marescalcie with the Office and Honor, was Granted to Earl Roger Bigod, by reason of his Countess (ratione Commitissae suae) the Eldest Daughter of William the great Earl Marshal.

Against the great Grievances and Exactions of the Pope, f. 706. n. 30. Messengers sent to Rome to complain of Grievances. Wil­liam A Powerit, and Henry de la Mare were sent to Rome by consent of King, B [...]shops, Earls, and Barons. And in the mean time 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 Append. n. 174. The Kings Command to the Bishops not to pay any Aid or Tallage to the Pope. wrote to the Bishops, and Reproved them for not observing his Letters Patents, and close, by which he had Commanded them to pay no Ayd or Tallage to the Pope, and in that Writ commanded them again not to comply with any of his Exactions contrary to the B 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 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 C of the Kingdom and Church of England, of which they had complained; He continued resolute in forcing his Demands, which Resolution so moved the King and Great Men, That he com­manded Proclamation to be made in all Towns, Markets, and public places, no man of the Kingdom should consent to any Contribution to the Pope, or send him any Ayd.

Ibid. n. 40, 50. The Pope writeth se­verely to the English Pre­lates. The King for­ced to consent to the Popes Exactions.But he sharply wrote to the Prelates after he had been advertised of this Proclamation, and under pain of Excommunication and Sus­pension D charged them to pay in the Money to his Nuncio at the New Temple London. And whereas the King was fixedly prepared to de­fend the freedom of the Kingdom and Church by the Threats of his Brother Earl Richard, and some Bishops, but especially of the Bishop of Worcester, who (as it was said) had power to Interdict the Na­tion, he was Baffled, and fell in the cause, so as the Contribution was paid, and the whole endeavor and hope of mainteining the freedom of the English Church and Kingdom came to nothing.E

The Pope ta­keth an ad­vantage of his easiness.And the Pope taking a greater Confidence from what he had already done, commanded more f. 716. n. 10 And treateth the Clergy rigorously. Imperiously than he were wont to do, That all Beneficed Clercs that resided upon their Livings, should pay unto him a third part of their Goods, and such as did not Reside, were to pay one half, and appointed the Bishop of London to Execute this his project.

F

Who Ibid. n. 20 with some others met at St. Pauls to consider of this mat­ter, to whom the King sent John de Lexinton a Knight, and Law­rence of St. Martin his Clerc on the Morrow after St. Andrew or 8th of December, strictly prohibiting them to consent to that Contribution; and so they broke up their meeting to the great satisfaction of all such as were called before them: If any man thinks it worth his labor, to [Page 597] peruse the Answer of the Ibid. n. 30, 40 50. Clergy to this unreasonable Exaction, may see it in Mat. Paris.

About this time the Bishop of Ibid. lin. 1. The Bishop of Lincoln ma­keth an inqui­sition into the lives of the People. Lincoln by the Instigation of the Friers Preachers, and Friers Minors, made strict Inquisitions, by his Arch-Deacons and Rural Deans, concerning the Continency and Manners of Noble and ignoble, to the great Scandal of them, and the blasting A of their Reputations. The King hearing the grievous complaints of his people concerning these proceedings, by advice of his Court, sent his Append. n. 175. The King for­bid's the Exe­cution of it. Writ to the Sherif of Hertfordshire, commanding him, That as he loved himself and all he had, That he should not permit any 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.

B

In 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 Ibid. n. 30. A Council cal­led at London. The Bishops absent them­selves. summoned his Great men (Mag­nates C suos) and the Arch-deacons of England to meet at London, to consider how the Contributions the Pope required should be raised. At the day appointed all the Bishops designedly absented themselves, that they might not appear openly to confront the Popes desires.

These Continual exactions of the Ibid. n. 40, 50. A general Clamour against the Pope and his Ministers. Popes Legates and Colle­ctors opened every ones Mouth against him, but especially in France, D where they did not spare his Holiness, but loaded him with bitter reproaches and revilings for the Extortion and Rapine that was pra­ctised by his Ministers: Insomuch that the 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 Ʋsury, upon Forfeiture of all his Goods and loss of one of his Members.

E

This resoluteness of the French very much Troubled the Pope, Ibid. n. 30. The Popes method to regain the good will of the French. so that he endeavoured by all means to soften them into a com­pliance with him; he bestowed many Ecclesiastical Benefices among their Relations, and gave them licence to obtain more, and other In­dulgences; besides, he was bountiful in his gifts among the Noble­men, which brought many over to him from their former Resolution.

F The Day after 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 Burdeaux 1000 Marks: The Archdeacons 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 [Page 598] King, The Clergy's complai [...]t 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 desolution 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, shewing their Greivances and Oppressions.

The Append. n. 176. The Summe of their Let­ter to the Pope. Summe of that to the Pope, was a profession of their A readiness to obey his Holiness; but desire his Pardon if they could not then comply with his Demands; for altho 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 Kings 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 burthens would prove insupportable to them.B

Their Letter to the 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 Ayd 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 C 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 fol. 722. lin. 3. granted to King Henry (Vm­bratile D 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 Cardinals first ask, and obtain leave of the King, to have him provided for.

Before the Council was ended, Peter of Ibid. n. 10. The Kings Wards mar­ried to For­reigners. Savoy Earl of Rich­mond, came to the Kings Court at London, and brought with him several young Women from his own Country to be married to the E young Noblemen that were the Kings Wards, which thing much dis­gusted his own Native Subjects.

This year Ibid. n. 20, 30, 40, 50. Two Friers Minors sent into England, to be the Popes Colle­ctors. Their Arro­gant behaviour to the English Prelates. John and Alexander, Two Friers 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 obtaind the King's Licence; And then went to the chief Prelates, and very sawcily required of them F Money to the use of their Lord the Pope, and sometimes demanded xxs for a Procuration, which was to be paid without delay; if not, they produced the Popes 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 [Page 599] amazed at their habit (which was more Souldier-like, than Religi­ous.) But when they had shewed him the Popes Letters, Their De­mands of the Bishop of Lin­coln and Ab­bat of St. Al­bans. 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 Ʋniversity of the Clergy and Laity (Ʋniversitatem Cleri & Populi) of the whole A 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. Albans, and demanded of the Abbat 400 Marks to be paid to them for the Popes use. But they re­ceived much the same Answer from him, they had before from the Bishop.

About the same time, the fol. 723. lin. 3. The Pope sends to bor­row money of the French, Prelats. Pope by his Messengers, the Fri­ers B Preachers, and Minors, sent to all the Chief Prlates in France, and desired them to Lend him Money according to Every ones 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 Summs, lest thereby his own Kingdom should be impoverished.

C This year Ibid. n. 30. A Legat sent into Scot­land. Godefrid was sent Legat into Scotland, although there was no Occasion for any, and John Rufus into Ireland (quasi Legatus) in stead of a Legat, that he might thereby elude the Priviledge lately granted to King Henry, who so well managed his Master the Popes business there, that He extorted from them 6000 Marks, which summ was conveyed to London by the Religious, The Popes Extortions in Ireland. and payed into the Popes Treasury.

D The same year fol. 727. n. 20, 30. King Henry followed the Example of the Great men of France, who by their Kings approbation had entred 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 E 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 Kings Writ to Commence any Actions for Tythes 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 Kings Prohibi­tion: Whereas they are not bound to Swear but before an Ecclesiastic F Judge in Spiritual Causes. Also concerning Clercs, for Crimes im­posed upon them by Laics.

In the beginning of Lent the forementioned fol. 728. n. 20, 30, 40, 50. The Abbat of St. Albans cited to London by the Popes Collector. John a Mino­rite, Demanded of the Church of St. Albans 400 Marks, the Second time, and by Virtue of his Authority cited the Abbat of St. Albans to appear at London three Days after, either in Person or by his [Page 600] Proxy, to satisfy the Popes Demands that were lately made to him: The Abbat 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 Abbat designed to send special Messengers to Rome to acquaint the Pope with these grievan­ces, and for remedy appealed to him; because fol. 729. n. 30, 40, 50. But without Remedy. both the Abbat A and Convent thought they should meet with more favour from the Pope than they could expect from him. When they came to Lyons (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 Popes Messenger, and that their Abbat 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 ex­pences amounted to 100 more.B

Frier John writeth to the Pope for ad­ditional Pow­ers.When Frier 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 Popes Answer, together with the Letters of additional powers are in Additament. Matt. Par. fol. 159, 160.

About the same time, the King finding the fol. 730. lin. 6. The Nobility and Clergy meet the King at Oxford. State of his Realm C 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 Prelates consent to contribute 11000 Marks to the Pope. and the Clergy were constrained to pay it into the hands of D 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 Abbat of St. Albans fare the better for that he had sent the Pope fourscore Marks the year before.

In the year 1248. King Henry Fol. 742. n. 30. kept his Christmass at Win­chester, with many of his Great men.

E

A. D. 1248.Soon after, 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, Noblemen, Abbats, Priors, and Clercs, there came thither Nine Bishops, and as many Earls; The Arch-bishop of York, the Bishops of Winchester, Lincoln, Nor­wich, Worcester, Chichester, Ely, Rochester and Carlile; Earl F Richard, the Earls of Glocester, Leycester, Winchester, Hertford, Roger Bigod Mareschal, and Oxford; besides, the Earls of Lin­coln, Ferrars, Warren and Richmond. The Arch-bishop 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 Ayd. But they fol. 744. line. 1. The King re­quired an Aid, but is denyed. And is repro­ved by his Great men for miscarriages. reproved him for asking it with­out Blushing (as saith the Monk), seeing when they granted the last, he promised by his Chart, he would not any more burthen his Great [Page 601] men. Moreover they blamed him for his repeated kindness, and Li­berality to Forreigners, and contempt of his Native Subjects, for not encouraging the trade of his own Kingdom, Ibid. n. 20.30. for keeping Bishop­rics, and Abbys void, in his own hands: To these they added, That neither the Justiciary, Chancellour 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.

A

When the King heard these things, 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 Ʋniversity of England Answered, That as they had often, so they would now patiently wait a short time, and see whether he meant as he spake; 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.

B

At the day 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 ci­vily, 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 Kings Speech to the Parliament. C 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 Ayd, for the defence and recovery of his Rights, which concerned them beyond the Seas. To all which they unanimously Replyed, That they would D no longer impoverish themselves to enrich Strangers, Their An­swer, and Re­solve against granting any Ayd. as they had for­merly done, when they gave money towards his Expedition in Gascoigny and Poictou: So the Parlement was dissolved in great dis­order, without any satisfaction, either to the King or themselves. But the King was hereby fol. 749. lin. 1. The King re­duced to great streights. reduced to so great necessities, that he was con­streined to expose to Sale his Jewels, Plate, and other Ʋtensils of his House; and such Vessels as were curiously wrought and Gilded, were Sold, not according to their value, but weight. When the E 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, 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 F 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.

[Page 502]This year the Pope 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 Abbat of Aben­dune, who made choice of the Church of St. Helens 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 Abbat to confer it upon Adelmar, af­terwards E­lect of Win­chester. The Abbat of St. Albans ci­ted to Rome for refusing to accept one. Ethelmarus his Brother, by the Mothers side, and the King would A protect and indemnify him. The Abbat yielded to the Kings Com­mand. Upon this the Pope cited the old Abbat to appear before him at Rome, who being deserted by the King, was constrained to take that wearisom, and tedious Journey; where after many difficulties and expences, he compounded for fifty Marks.

A. D. 1 [...]49.In the year 1249. the King kept his fol. 757. n. 20. Christmass at London, and required of the Citisens New-years gifts. Then he sent to the fol. 758. n. 10, 20, 30, 40, 50. The Kings wants press him to ask Money of his Subjects. B Citisens 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 Kings 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 inable C 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 denyals, unless from the Abbat of St. Albans, from whom he received Sixty Marks. This encouraged the King to hope the like success from other Prelates and Abbats, and accordingly fol. 759. lin. 3. wrote to those of Essex and Hertford, to Lend him Money for his D present Necessities, and gave them his promise Faithfully to repay the same.

This year 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 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 E 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, 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 fol. 767. n. 20. S. Montfort Earl of Leyce­ster subdued the rebellious Gascoigns. Simon Montfort Earl of Leycester (al­though F 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 Kings friends, and the Name of a trusty Patriot.

[Page 503]This year on the 3d of July fol. 770. n. 40. The King of Scots death. dyed Alexander King of Scot­land.

In the year 1250. King Henry kept his fol. 772. n. 10. The Countess of Cornwal brought to bed of a Son. Christmass at Win­chester, and after the celebration came to London. At the same time fol. 772. n. 10. The Countess of Cornwal brought to bed of a Son. Cincia Earl Richards Wife was brought to bed of a Son, who A was named Edmund.

Soon after many of the 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 Cornwal, and the Earl of Glocester, Henry de Hastings a Baron, Roger de Turkebi, and many other Nobles; Besides the Bishops of Lincoln, London and Worcester; And with them the Archdeacons of Oxford, and Bedford, and many other Clercs.

B

On the Seventh of March the King and many of the Nobility and Clergy undertook the Crusado;The King, Noblemen, and Clercs undertake the Crusado. Ibid. n. 50. There were in all about 500 Knights, besides an innumerable Number of Esquires and Common Souldiers.

In May 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 C 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 fol. 779. n. 40. The Great men return into England again. Earls of Glocester and Leycester, with many other Great men, and Prelates, returned into England.

D

About Midsummer there was great 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 Citisens, the King had granted to the Abbat of Westminster; the Maior 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 E had granted to the City, and also severely Reproved the Ab­bat, 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 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 F ready to follow the King of France his Capital Enemie, than him. Up­on this the Pope by his Letters, under pain of Excommunication, pro­hibited any from going without the Kings leave; and for the better Security, Ibid. n. 30. He sent to the Wardens of his Ports to hinder any of his Great men from passing over Sea.

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[Page 604]This year a certain Jew, 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, Ibid. n. 50. who says they were not to be pitied, because the A Jews were manifestly proved to be corrupted, and forgers of the Kings Seals and Charts.

This year about the Feast of St. Matthew, fol. 800. n. 20, 30. The Bishop of Winchesters 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. f. 801. n. 20. The Monks were under great difficulties how to manage them­selves; B They durst not reject the Kings request, lest further incon­veniencies should ensue; for they thought the Pope the Kings close Friend; neither were they willing to Elect one whom they knew to be altogether insufficient for so great a charge: Ibid. n. 50. Ethelmarus the Kings Bro­ther chosen Bishop of Winchester. At last after many disputes the Kings powerful request prevailed, and Ethelmarus was chosen Bishop, and forthwith Solemn 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 C King.

Soon after the King received fol. 803. n. 40, 50. The Pope ask's King Henry's leave to reside at Burdeaux. Solemn Messengers from the Pope, to desire leave of him, to let him reside some time at Burde­aux; 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 hindred those who had undertaken the Crusado, from proceed­ing D 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 sollicite 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 streights;The King take's time to consider of an Answer. for if he consented to the Popes request, he made the Emperor his Enemy; If he refused him,E 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 fol. 807. lin. 5. & n. 20. The King re­trencheth the Expences of his Houshould. Christmass 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 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 Kings obedience, came in­to England, accompanied only with three Esquires, & went to the King, and acquainted him with the great charge and expence he had been at, to repress those Rebels, but could no longer maintain it out of his [Page 605] own Revenues; therefore He required a supply both of Men and Money from him, Ibid. n. 40. His request granted by the King. which was granted; and having received of the Kings Treasury 3000 Marks, and gathered together what Money he could among his own Tenents, and those of his Wards, He pre­pared to return into Gascoigny.

On fol. 811. n. 40, 50. Henry of Bath Justiciary ac­cused of Bri­bery and Ex­tortion. Candlemass day following Henry of Bath the Kings Justi­ciary A 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 Kings principal Counsellers 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.

B

On the 17 of February fol. 814. n. 40, 50. A Parlement assembled at London. Crimes that were objected against the Justiciary. The King shews 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 (Ʋniversum 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, C 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 publickly 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, D fol. 815. lin. 6. Earl Richard, stood his friend. his Friend, through his powerful mediation, and the promise of a good Summ of Money, he gained his Liberty. 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 fol. 815. n. 10. Ethelmar's Election con­firmed by the Pope. The Pope's unreasonable Message to to King Henry. Ethelmarus the Kings Brother by the Mothers 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 E allowance of 500 Marks for the maintenance of the Duke of Burgun­dy's Son, a Young Child.

This year Wales was 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.

F About this time fol. 817. n. 50. & fol. 818. lin. 1. The Pope vio­lateth his own Indulgence granted to the English. the Pope sent 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 Abbat and Convent of St. Albans, 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 voyd; notwithstanding that Indulgence or Priviledge lately granted to the English, that Benefices of Roman Clerc's, that should become [Page 506] vacant either by Cession, or Death, should not be conferred on any Italians.

After that Simon Montfort Earl of Leycester fol. 825. n. 50. The Earl of Leycesters 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 fol. 828. lin. 1. He returned into England with Guido the Kings third Brother. Earl A Guido de Lusignan, the Third Brother of the King by the Mothers side, Landed at Dover in November. When the King had Notice of it, He commanded his Great men and Citisens of London to receive his Brother with all solemnity, and signs of joy. And after he had supplied his wants by the Kings bounty, he returned home plentiful­ly furnished with Riches.

A. D. 1252.In the year 1252. King Henry kept his fol. 829. n. 10, 20, 30. Margaret the Kings Daugh­ter is married to Alexander King of Scots. Christmass at York, B because his Daughter Margaret being now of full age, was to be so­lemnly marryed 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 Christmass day King Henry Knighted Alexander King of Scots, and the next day very soon in the Morning, He was Married to the Kings Daughter: Ibid. n 50. He doeth 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 C 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 replyed, 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 D mirth and jollity of the Nuptial Solemnity should be thereby di­sturbed.

Soon after the Pope 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 Ayd 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 shew his readiness to answer the Popes E request, took great quantities of Money from the Jews, nor were his Christian Subjects spared.

In the Spring following the 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 Ʋnfaithfulness and Treachery. When the Earl heard of what was laid to his charge, He went to the King and pleaded his Innocency, and wondred he should give more Credit to his Rebel­lious F 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 [Page 507] those that had accused him to the King: And He did it with such ri­gor at his return, that all Gascoigny had 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 836. n. 10. The Gascoigns repeat their complaints against him to the King. solemn A 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 Bayliffs. And this was carried to the King by the Archbishop of Bur­deaux, and several Great men Ibid. n. 30. who landed in England about Whitsuntide, and found the King at London, before whom, they laid a lamentable fol. 838. n. 40, [...]0. The King not very ready to credit them. complaint of the Treachery and Tyranny of the B Earl of Leycester. The King would not give a hasty belief to their complaints, because he had found them Traytors when he was in Gas­coigny; But waited till the return of Nicholas de Molis, and Dr [...] ­g [...] Valentin, whom he had sent thither to enquire into the Truth of their accusation.

At their Return they 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 C to their Merits: The Archbishop of Burdeaux, and such have as came with him, required they might prove their Accusation,They desire they may have a fair Tryal against him. and then have Judgment, 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 Glocester and Hereford together with many other Noble and Great men, who D were his close friends, to be present: At the time prefixed the Earl ap­pear'd, 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 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 Expences he had been at in his Service; and boldly demanded of E the King performance of his Bargain, and recompence for his charges. The King replied he would not stand to any promise made to one that was a Traytor. The Earl told the King He lyed, and were he not a King would make him eat his Words. Adding in a most re­proachful manner, and Questioning, Whither any many could believe he was a Christian, or whether he had ever been at Confession? The Kings An­swer; and Montforts im­pudent reply. The King replyed, Yes. The Earl answered, what availeth confession without Penance and satisfaction? To which the King replyed, F 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 Honors 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.

[Page 608]Soon after the King ordered the 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 replyed, 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. A

Then the King called to him fol. 845. n. 10. A. D. 1252. Prince Ed­ward made Governour of Gascoigny. The Gascoigns do Homage to him. the Arch-Bishop of Burdeaux, and the Gascoigns that were with him, and those about London, and de­clared that his Brother Richard, whom he had made Governour 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 rejoyced the Gascoigns, and forthwith all that were present did their Homage and swore Fealty to him; the King reserving to himself B their Allegiance. Then after they had received many gifts and presents from Prince Edward, they prepared for their return into Gascoigny, Ibid. n. 30, 40, 50. A Skirmish between the Earl of Leyce­ster and the Gascoigns. where they found all pleased with their new Governour, 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.C

This year was a general fol. 846. n. 10. A general complaint against For­reigners. Complaint among all sorts of People, both Clercs, and Laics, of the Oppressions and Exactions they suffered from Forreiners, 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 Assise or Customes, of the Kingdom concern them? (Quid ad nos de lege, de Assisis, vel regni hujus consuetudinibus?) which very much fretted the Kings Natural Sub­jects, D especially, when they saw many of the English tread in the same steps.

On fol. 849. lin. 3. The Popes 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 Arch-Bishop of Canterbury, and Bi­shop of Hereford, that were beyond Sea, and the Arch-Bishop of York) met the King at London; where was propounded to them (Papale E Mandatum) the Popes Command, That the Ibid. n. 10, 20, 30. Tenth of the whole Church, for three years should be set apart and paid towards the de­fraying the Kings Expences in his journey to the Holy Land. And this not to be levyed according to the old value of the Church Revenues, but according to the new value, and strictest inquisition, and judg­ment of the Collectors, or Kings Officers (ad inquisitionem strictissi­mam, et voluntatem & arbitrium Regiorum Satellitum.) Moreover the Kings Agents offered, That if they would pay down two years va­lue F according to the Popes Precept, that of the third year, or at least half of it, (although it was not granted in the Bull) should by the Kings bounty be remitted. To all which the Bishop of Lincoln replyed,The Bishop of Lincoln's Reply. That they proceeded upon a supposition that was not granted, Namely, that they had consented to this cursed [Page 609] 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 A the rest, only Salisbury fluctuated.

When the King had received their Answer, he replyed; They do not only oppose the Pope, and their King, but also Jesus Christ, and the Vniversal Church. To which the Bishops Answered, That if the Pope did but truely understand, 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 B great importunity urged the Payment of it, f. 850. n. 30, 40. But could not gain a com­plyance. they answered him, That both the Arch-bishops of Canturbury, and York were absent, and they could not do any thing without the consent of their Pri­mate's.

At the same time the King 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 dayes, and would not allow them to C open their Shops all that time.

Soon after he 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 D 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 Traytor: When the Earl had Notice of the Kings design, he replyed; fol. 854. l. 1. I am very well satisfyed 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 E men as with the Prelates, so as he thought to send for a Legat, who might force the Clergy by Apostolic Authority to answer his De­mands.

On the 11 of November f. 856. n. 40. Albert the Popes Notary his offer to Earl Richard. Albert the Popes Notary came into England to perswade Earl Richard, who was known to be wealthy above all the Great men of the West, to accept the Popes Offer of the Kingdoms of Apulia, Sicily and Calabria; neither was he unmind­ful F of himself, but let the Bishops fol. 859. n. 40. know that he was the Popes favourite, and that Presents, and Benefices would be very grateful, and acceptable to him.

[Page 610]This year 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 Kings bare Revenue at the same time scarce reached to one third of that Summ. Reditus Regis merus non ad ejus partem tertiam computatur.

A

Simon Montfort Earl of Leicester this year Paris f. 863, lin. 1. Montfort re­signs his Pa­tent of the Custody of Gascoigny. Alphonso King of Castile his pretences to it. Resigned his Chart or Patent of the Custody or Stewardship of Gascoigny, which he had obteined 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 Castile, so soon as he found the Earl of Leicester had quitted his Charge, and it was left to the management of a Child, Ibid. n. 10. pretending a Grant of that Country from King Henry the Second, confirmed by Richard the First B and King John. Many of the Nobility of Gascony left King Henry and joyned themselves to Him. The Citizens of Burdeaux 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. 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 obteined a Patent of that Government, so as he behaved himself warily and silently.C

In Lent many Reports came from 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 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 Paris f. 864. n. 40. middle of April the Gas­coigns fell one upon another, invaded each others Castles, made Cap­tives D on both sides, burnt and wasted their Houses and Lands.

The King being in great streights, had Ibid. n 50 The King re­duced to great streights 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 Summ for the Expedition he intended into the Holy Land: Thereupon called a f. 865. n. 40. A Parlement called at Lon­don. Ibid. n. 50. The Bishops offer the King Money, but upon condi­tions. Parlement 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 E Tractatura:) The Nobility met accordingly, and he demanded a very great supply of Money from them: After much Controversie, f. 865. n. 40. A Parlement called at Lon­don. Ibid. n. 50. The Bishops offer the King Money, but upon condi­tions. the Arch-Bishop 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 injoy all her Liberties, and especially those concerning Elections, in which chiefly (as they said) Ecclesiastick Liberty Consisted, and if he would Correct this F Error, and those concerning the Liberties conteined in Magna Charta, they would strain hard to satisfie his desires.

[Page 611]After 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 Ayd of three Marks for that year. fifteen days Debate of this and other things, they came to this Resolution by unanimous agreement, That the Kings 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 A 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 conteined in it: And the same which his Father King John had Sworn to keep many years before, and which he in like manner had Sworn to at his Coronation. Append. n. 179. And then all that opposed, violated, diminished, or changed, the Liberties and Customs, conteined in the B Charter of Liberties, were Excommunicated and Anathematized on the third of May, (the 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 Mareschal of England, the Earl of Hereford, the Earl of Oxford, the Earl of Warwick, and other chief men of the Kingdom, by the Arch-Bishops and Bishops with Candles lighted in their Hands, and the Paris f. 867. n. 10. Charter which King John Granted was produced, and read C before them, which the King regranted; and then they put out their Candles and threw them down smoaking upon the Ground, and eve­ry one wished, That such as Deserved that Sentence might so stink and smoak in Hell.

The Council was no sooner 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 Ibid. f. 868. n. 20. The King pre­pares for an Expedition into Gascony. first of June; D he summoned all his Military Tenents to be ready with their Horses and Arms at Portsmouth eight days after Trinity Sunday, with al [...]e­cessaries to pass the Seas with him; he took up a 1000 Ships of English and Forreign Merchants, and lay Wind-bound above a Month, to his great Expence and prejudice of his Affairs beyond Sea. 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 f. 870. n. 30. E the same Month arrived at Burdeaux, and presently commanded Reole Castle to be Besieged, and by the End of Summer, the King had 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 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, F sent the Bishop of Bathe, and John Mansel his especial Clerc to him, to desire a League and Friendship with him, and that he would yeild to Marry his Sister to his Son and Heir Prince Edward, to whom he had given Gascony. His Envoys dispatcht this Affair, and with his Favor and Friendship, brought back a Chart Sealed with a Golden Seal, by which he quiet claimed whatever Right he had, or could have in Gascony, by the Grant of Henry the Second, Richard the [Page 612] 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 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 A had some thoughts of Returning.

On St. Julians day, or the Twenty Seventh of January f. 881. n. 30. A. D. 1254. A Parlement Convened, almost all the Great Men of England were Convened, and there came to that Parlement, (ad Parliamentum venientes) on behalf of the King his three Messengers from Gascony, the Earl Mareschal, Roger Bi­god, and Gilvert de Segrave to declare his desires to the Ʋniversity of England. There were present Richard Earl of Cornwall, and B the Queen, The Kings Message to them. with all the Bishops of England, except those with the King. The Message delivered in this Meeting from him was, That he was deceived in the King of Spain, whom instead of a Friend, he had found an Enemie, and therefore required a powerful assistance from them. What was done upon this Message best appears by the Queens and Earl Richards Letter to the King to be found in the fol. 189. n. 50. Additaments of Mat. Paris.

The Summ of the Queens and Earl Ri­chards Letters to the King.They wrote they had received his Letters at Christmass before, and C that they Summoned the Arch-Bishops, Bishops, Earls and Barons of the Kingdom on the Morrow after St. Hilary, to acquaint them with his Condition, and that the King of Castile was coming against him into Gascony; and because of the shortness of the time, the said great men could not meet at that Day, they called the same together at Westminster fifteen days after that Feast (i.e. the 27th of January;) That the Earls and Barons, after they had heard the cause of their coming together, offered to be ready at London three weeks after D Easter, to march from thence to Portsmouth, and Ship themselves, to relieve him in Gascony, if the King of Castile invaded that Country; That the Arch-Bishop of Canturbury, the Elect of Winchester, Bi­shops of London and Worcester promised they would personally come to him with a good strength; That the other Bishops and Abbats promised a large supply in Money: At last Earl Richard signified to him in the same Letter that he would not fail him of a supply answe­rable to his Necessity and his own Honor, if the King of Castile did E 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 Paris Hist. f. 882. n. 10. believe the King of Castile had any such Design, and so the Council was Dissolved without effect.

Fifteen Ibid. f. 887. lin. 1. & n. 10. The King re­neweth his de­mands to his Great men. days after Easter the Great Men were called again to London, when the King upon the same Reasons, made the same De­mands, and received the same Answer; for then their suspitions that F the King of Castile had no Design against King Henry, was confir­med by Simon Monfort Earl of Leicester, who was just come to them from beyond Sea.

[Page 613]Notwithstanding the Ibid. f. 889. n. 30. The Queen and her two Sons pass over Sea. Queen had received order from the King to the contrary, yet she with her two Sons Edward and Edmund, and her Uncle the Arch-Bishop of Canturbury, Shipped themselves at Portsmouth on the 28th of May, and arrived at Burdeaux the last of the same Month.

Not long after their Landing, f. 890. n. 20. Prince Ed­ward marryed to Alienor the King of Spains Sister. What Settle­ment the King made upon Prince Ed­ward his Son. Prince Edward was sent in great A 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 Spains Release or Grant of Gascony (before mentioned,) and King Henry forthwith setled 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, Ibid. n. 30 The Kings ex­pences in his late Expedi­tion. when upon stating the Account, it appeared his Expences, in those Expeditions had been B 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 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 C 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 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 f. 893. n. 30. Conrad Son of Frederic the D rightful King, of Heresie, Murther, and other great Crimes. To which accusation he gave a very clear Paris Ad­ditament. f. 192 n. 50. Answer, yet Dyed 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 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.

E King Henry having made Peace with the King of Spain, and setled Gascony, asked leave of the King of France to Ibid. f. 896. lin. 4. pass through his Kingdom, which was Granted. The King of England Ibid. f. 898. n. 50. & 899, 900, &c. 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. F The interview was Glorious; and from thence they were conducted to Paris, where for Eight Days they remained together in great Splendor, and with mighty Entertainments, after which time the King of France brought him one days Journey toward the Sea. 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 Christmass day, which was Fryday; on the Sunday following, the Wind came fair, and he Lan­ded [Page 614] 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 dayes after Easter, 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 A 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 Ayd sufficient. They were very Querulous, recounting old Grievances, and withal, demanded that the Justiciary, Chancellor and Treasurer might be chosen by the B Common Council of the Kingdom, as had been justly and anciently So says the Mo [...]k, but nei­ther he nor any of his Bre­theren, 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, 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 f. 906. n. 10, 20, 30, 40. Cardinal Octa­vian defeated by Manfred King of Sicily. Pope Alexander the Fourth, following the steps C 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 Popes 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 D this Army) for the use of his Son Edmund, 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 f. 908. n. 20, 30, 40, 50. & f. 909. n. 10. King Henry goes into Scotland to give remedy to his Daugh­ters com­plaints of her hard usage. received many Complaints from his Daughter the Queen of Scots, of her hard usage in that Nation, went to Eden­burgh to Visit her; and when he came upon the Borders of Scotland, sent before him Richard Earl of Glocester, and John Mansel his Clerc, to see how things were, and to inquire and examine, whe­ther E 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. F

[Page 615] Peter Egeblank Bishop of Hereford, and the Queens Ʋncle f. 910. n. 20, 30, 40. Annal. Burton. f. 348. A. D. 1255. Peter Ege­blanke Bishop of Hereford his project to supply the Kings wants. Paris ut supra, 5. n. 50. ob­serving the King uneasie 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 Kings 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 A 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] Cardinals, by whose advice the Pope persued the projects of his Predecessor, who could bend him any way, he obteined from him what he pleased. His device was to Forge Obligations from as many Bishops, Abbats, and Priors as he pleased, in the Summ of 500, 600, or 700 Marks or more, Ibid. f. [...]11. lin. 1. to this or that Siena, or Floren­tine B Merchant, or rather Ʋsurer, 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 Ibid. f. 911. n. 50. Edmund the Kings 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 C 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 f. 913. n. 20, 30. The Pope sent Rustand a Gascoign into England. sent Master Rustand a Gas­coign, a Lawyer, and one of his Sub-Deacons into England, giving him and the Arch-Bishop of Canturbury power to gather a Append. n. 182. The Powers granted to him and the Arch-Bishop of Canturbury. Tenth in England, Scotland and Ireland; to the use of the Pope or King D 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 Ierusalem; 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 E Land.

Upon the Feast of St. Luke (or 18th of October) most of the great men of England were at Westminster; 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 Ayd 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 shew a pious Example to others. The F 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 Ibid n. 40. make no Answer, or Grant any Aid without their [Page 616] Peers which were absent. The Parlement (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 Arch-Bishop of Messina, before the Prelates, Clergy, and Laity, Annal. Burton. f. 372. Convened in a great Multitude, in the Chapter House at Westminster, propounded to them the Bu­siness A of Sicily, for which he was sent hither by the Pope, and in­deavoured by his Letters, and own perswasions, 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 Arch-Bishop in French and Latin.

The Reasons of the Great Men against the King,B Rationes 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.C

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 D of his Debts, the Voyage thither, and the obteining 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 prises, 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. E

Also the Troubles of Gascony, Ireland and Scotland.

Also the Incursions of the Welch.

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 in­couraged to attempt upon it, if for the Design of Sicily, it was F emptied of Men, Arms, Counsel and Money.

Also we will not, nor do we agree, That the King take upon him the Burthen 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 Burthen of the said Affair with the King, [Page 617] for the Reasons 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 Labor, he may easily be laid aside, or As holding it in Feud of the Church. fall from the right of that Kingdom.

A

The Kings 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 B Son Edmund, had obliged himself to the Pope, The Kings 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, &c.) 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, C(which was according to the true 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-Residents.

D Also he asked the profits of all the Benefices of priviledged persons (such as had Sine Cures, or had Dispensations to hold Livings without performing service) except one which the priviledged 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 E Ordinary.

Reasons of the Bishops and Clergy against the Kings Demands.

F FIrst Annal. Burton. f. The Bishops Answers to the Kings De­mands. the Kings Demands cannot take effect, because so great a Summ of Money hath been already unprofitably spent, and utterly lost.

[Page 618]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 ought to be urged to the Consummation of of this Business.

Also when we have nothing but the Patrimony of Christ, whose A 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 ought to do.

Also the whole Kingdom sufficeth not for such a Burthen, 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 B 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.C

Also we see the Inroads of the Welch, and 'tis most necessary to de­fend our own Kingdom, rather than to look to obtein 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.

D

Yet notwithstanding these Reasons, the Clergy being Canonically admonished by Rustand, they submitted, and firmly Append. n. 186. They at length submit to the Kings desires. The Pope claims a great Debt of the King. Hard conditi­ons put upon the King by the Pope. promised to obey the Popes 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,E to be paid before Michaelmass then 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 F 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 Append. n. 185, [...]86. Letters to the Pope and some of the Car­dinals.

[Page 619]According to the Bishop of Herefords Contrivance of binding Abbies, Monasteries, Prelates, and Churches to Foreign Merchants before men­tioned: The Mat. Pa­ris f. 924. l. 6. A. D. 1256. The Bishop of Herefords pro­ject put in ex­ecution by the Pope. Abbat and Convent of St. Albans 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 Summ, within a Moneth, otherwise they were to understand A 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 Yoak of of Merchant-Ʋsurers; And that the Exactors might more effectually extort the Money, they said it was for the Kings use, who was preparing for his Voyage of Peregrination or Pilgrimage, as then they called all Military Expe­ditions to the Holy-Land.

B

Fifteen days after Easter, Ibid. n. 10 the Bishops in great perplexity met at London to Answer Master Rustand upon See before the Bishops resolution. his and the Kings De­mands, who at first by reason of their disagreement, were about to Break up and Depart; but being incouraged by the Barons, they denyed Rustand, and would not contribute any thing to the King from their See Append. n. 184. Baronies.

C The Abbat of Westminster, and Master Rustand with the Elect of Salisbury, Mat. Pa­ris f 946. n. 30. & Cl. 40. H. 3. M. 9 intu [...]. passed beyond Sea upon the Kings private affairs in the beginning of June; and the Bishops of Ibid. Bath and Rochester went afterwards for the composing and extirpating secular Discords and Dissensions.

In August the 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 D to London with a mighty Train, so as both Courts were constreined to take two different Roads, the whole Country being over-spread 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 f. 934. n. 10, 20. The Priors and Convents of Durham and Giseburn op­posed the Popes exacti­on. Prior and Convent of Durham, and the Prior and Convent E of Giseburn, stood out against the Knavish Obligation, and Popes 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 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 F that every Sherif 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 absen [...], (& quarta sit Redimendus si absens fuerit.) And the King pronounced the same thing against Cities that had Liberties,And also [...]ay­liffs of Cities. and answered at the Chequer by their [Page 620] own Bayliffs: 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 ob­teined Respite of the King according to his Writs to them Di­rected.

A

The B [...]shop of Ely being Dead, 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 complyed not with the Kings 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 Bishoprick, to cut down the Woods, and Sell the Stock upon their Lands.

B

The Exactors or Ʋsurers being Ibid. n. 10. The Church of St. Albans interdicted. severe upon the Church of St. Albans, about the Feast of Simon and Jude; (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.

C

The Ibid. f. 937. l. 4. The Welch take Arms and invade the English bor­ders. Welch 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 Geofrey de Langley Knight, the Kings 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 Tenents of Prince Edward, whom as yet they had not acknowleged to be D 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 Welch had retired so Boggy and impassible, that the English could not attempt them, so that this Expedition proved ineffectual, and the Princes Expences in vain.

About this Time Ibid. n. 40 The Kings kindness to his Brothers. the King commanded the Chancellor that he E should not Issue any Writs which might be prejudicial to his Brother Richard, or to Richard Earl of Glocester, 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 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; F 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 [Page 621] 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 extream poverty, for he had Ibid. f. 938. lin. 1. &c. The Kings great Debts. borrowed so much Money of the Popes Merchant-Ʋsu­rers, for the promotion of his Son Edmund to the Kingdom of Si­cily, A That the Interest and Penalties for non-payment of it, amount­ed to an hundred pounds a day.

At Christmass 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 Cornwal was rightfully chosen, by unanimous Consent, King of Almain, or of the Romans.

B

Fifteen days Annal. Burton. f. 376. after Easter, the King held a Parlement at West­minster, to Treat of the The same with that of Sicily. Business of Apulia, in which the Arch-Bishop 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 Parlement Earl Richard went towards Germany. He C was at 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 splendor, 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.

D

It is reported by 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 Welch Ibid f. 949. n. 50. The Welch ravage and destroy the English Bor­ders. this year plundered and burnt the English bor­ders, E and killed the Inhabitants, notwithstanding the assistance of the Earl of Glocester, and remained triumphant in those parts. 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 Plowed up their Meadows, destroyed their Mills, F brake down their Bridges, and digged great and deep pits in their Fords, to make them unpassable; and at length confederating with those of Ibid. f. 953. n. 40, 50. Part of the Army ba [...]led. South-Wales, by the treachery of Griffin de Brun (who was a Welchman that served the King) made an Assault upon part of the Kings Army, and Baffled it.

[Page 622]The King, with the residue of his Military Men, making a great Army, marched towards Ibid. f 954. n. 30, 40. The Welch offer to submit upon Terms, but are refu­sed. Chester, and burnt all the Corn in the borders thereabouts. The Welch 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 Ibid. f. 955. n. 40. Winter made a shameful Retreat into England, having spent much Treasure, and done nothing.

A

About 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,B & 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 Ibid. l. 6. Statutum Romae cruentissimum quo oportet Quem­libet Electum personaliter transalpinare, & in suam laesionem, imo Eversionem, Romanorum loculos impraegnare.

Soon after Ibid. f. 958. n. 20. that time the Bishop of Worcester, the Elect of C Winchester, the Abbat of Westminster, the Earl of Leicester, Earl Hugh Bigod, the Mareschal 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 Christmass at Mat. Pa­ris. f. 959. lin. 5. The Bishop of Ely, and Ab­bat of Bury Confirmed by the Pope. London: and about that time, notwith­standing D all the Interest the King and Arch-Bishop could make at Rome, The Bishop of Ely, and Abbat 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 Ibid. n. 30. Noblemen sent by the King to the King of France, to Demand Normandy and his other Rights in that Kingdom, were E civilly received by himself; but his Brothers and other Great Men much opposed them, so as they returned as they went, on the 6th. of January, or Twelfth-day.

About this time, Ibid. n. 50. The Welch de­stroy some of Prince Ed­ward's Towns. the Welsh despairing of Peace, and distrust­ing the Kings Mercy, seized some good Towns of Prince Edwards, and other Great Mens in the borders of Wales, and plundred them, and afterwards burnt them, and killed all the People.F

It was about this 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 Law­rence Bishop of Rochester, and many others, He propounded after [Page 623] 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 Kings earn­est Petitions he was satisfied.

In Mid-lent Ibid. n 40 Rustand accu­sed and remo­ved from his Dignity and power. Master Rustand returned from Rome, Deprived A 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 Kings favour in acquiring of them, he affirmed he was born at Burdeaux, and promised, as the Kings 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 B 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 Ibid. n. 50. Herlot the Popes Notary comes into England with great power. Herlot, or Arlot, the Popes Notary, and special Clerc, came C with great pomp into England, furnished with great power, who though he was not stiled a Legat, yet wanted not his great­ness.

On the 14th of March, King Henry Cl. 42. Hen. 3. M. 11. Dors. 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 ought the King ser­vice, summo­ned to meet at Chester to re­press the Welch. D 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 Welch made these incursions at this time upon Paris f. 963. n. 30. What moved the Welch to Rebell 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 Cl. 42. Hen. 3. M. 11. Dors. under his Protection and Government, un­til E 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 Ibid. & M 10. Summons on the 17th of Ja­nuary before, to all his Military Tenents 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.

F

After Paris ut supra n. 40. A Parliament called at Lon­don. The Kings de­mands reject­ed by the Great men. Hoke Tuesday (That is Tuesday fortnight after Easter-Tuesday) a Parlement 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 [Page 624] Money which the Pope had upon his Request obliged himself to pay to the Merchants. The Great Ibid. f. 965. n. 50. Men stifly denyed to assist him with Money.

And in this Ibid. f. 968. n. 10, 20. The Barons complaints a­gainst the King. Parlement 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 A 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 heartily not to the King but to the Vniversity, calling for Justice; And up-braided the King B 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 Repell the injuries of the inconsidera­ble Welsh.

These Heats and Wranglings Ibid. n. 20. The Parle­ment Ad­journed to Ox­ford. continued until the Sunday af­ter (a) Ascension-day, when the Parlement was adjourned unto St. Bar­naby's-day, to be holden at Oxford; but before the Adjournment C upon Ascension-day, or Second of May, the Barons promised Append. n. 188. The Barons 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 Ayd, or Tax for that purpose. And the King agreed, That before Christmass next coming, the State of the Kingdom should be order­ed by them and the Popes Legate, if in England. And for the per­formance D of what should be ordained, he put himself under the Popes Power, so as he might compell 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 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 reformed, by Twelve faithful persons of his Council then chosen, and Twelve others E 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 F him.

[Page 625]These Twenty Four had Append. n. 190. power to choose four that were to choose the Kings 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, &c.

A Barnaby Day approaching, Paris f. 970. n. 40, 50. The Great men come Ar­med and Guar­ded to the Parlement at Oxford. the Great Men and Nobles of the Land hastened to the Parlement 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 Kings Enemies the Welsh. But fearing, as they pretended an Intestine War, and that the King and his Brothers the Poictovins should bring B in Foreign Troops against them, and therefore they caused the Ibid. f. 971. n. 10. Ports to be strictly Guarded. The chief Transactions of this Parle­ment 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
Annal. Burton. f. 412.
chosen by the King were
  • CThe Bishop of London.
  • The Elect of Winchester.
  • Henry Son to the King of Almaign.
  • John Earl of Warren.
  • Guido de Lusignan the Kings half-Brother.
  • William de Valentia the Kings D half-Brother.
  • John Earl of Warwic.
  • John Mansel.
  • Frier J. de Derlington.
  • The Abbat of Westminster.
  • Henry de Wengham Dean of St. Martins London.
  • The Twelfth not mentioned, Q. E whether not the Arch-Bishop 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 Glocester.
  • Humfrid Earl of Hereford.
  • Roger Earl of Norfolk and Ma­reschal.
  • Roger Mortimer.
  • John Fitz-Jeofry.
  • Hugh Bigod Brother to the Ma­reschal.
  • Richard de Gray.
  • William Bardolfe.
  • Peter Montfort.
  • Hugh D'espenser.
These Twenty Four
Ibid. f. 414.
chose Four of their own Number, who named the Kings Council, and were these,
  • The Earl of Warwic.
  • F John Mansel.
  • Earl Roger the Mareschal,
  • Hugh Bigod his Brother.
These Four named the Kings [2] Council, in Number Fifteen, who were these,
  • [Page 626]The Arch-Bishop of Canturbury.
  • The Bishop of Worcester.
  • The Earl of Leicester.
  • The Earl of Glocester.
  • Earl Mareschal, 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 Gray. A
  • Roger Mortimer.
  • James de Aldithlege or Audley.

The Great men or Twenty Four Paris f. 970. n. 50. What the Great men or 24 required of the King. Require the Kings Confirmation of the Charter Granted by King John his Father.

Secondly, They Ibid. f. 971. lin. 2. Require such a Justiciary, as would do Justice B to such as suffered wrong as well to the poor as Rich.

Thirdly, That they should Mat. West. f. 391. lin. 8. choose the Justices, Chancellors, Trea­surers, and other Officers and Ministers from year to year for ever.

Fourthly, That Ibid. l. 9. they themselves or friends should have the Custody of the Kings Castles.

Fifthly, By Ibid. n. 10. Edict they made it Capital for any of what degree C 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 ordeined 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,

Il Annal. Burton. f. 415. fet a remember Ke les xxiv unt ordene Ke treies Parle­menz D seint par an, le premerem as utaves de Sein Michel; le second le Demein de la Chandelur, le terz le premer Ior de June, Ceo est a Saver treis semeines devant le Seint John. A ces treis Parlemenz vendrunt les Cunseilers le Rei es [...]uz tut ne scient il paz Mandez purver le Estat del Reaume, & pur treter les communs Bo­soignes del Reaume, quant Mester Serra per le Mandement le Rei. That is,

E

Be it Remembred, 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,F or by his Summons.

[Page 627]The Commons then, or Community, The Commu­nity choose twelve to re­present them in the Parle­ments. chose twelve persons to Repre­sent them in these Parlements, &c. 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 Ibid. f. 416 remembrer Ke le Commun Eslise xii prodes homes Ke A 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 serra fet pur Espanier le Cust del Commun, That is,

Be it remembred, 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 B 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 entred according to this Form.

Ces sunt les Ibid. f. 414. Duze Ke sunt Es [...]u par les Baruns a treter a C 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 Kings Council, were only to be present in these Parle­ments. Parlements in a year, with the Kings Council, for all the Commons, or whole Community of the Land, upon Commune Bu­siness, which twelve here do follow, as in the Ibid. Who the Twelve were. Annals of the Mo­nasterie of Burton.

D
  • The Bishop of London.
  • The Earl of Winchester.
  • The Earl of Hereford.
  • Philip Basset.
  • John de Bailol.
  • John de Verdun.
  • John de Gray.
  • Roger de Sumery.
  • Roger de Montalt.
  • Hugh D'espenser.
  • Thomas de Grestey.
  • Aegidius de Argenten.

E These were all Barons and great Tenents 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 Parlement, about Feudal Tenures, about Custody of Wards, Marriages and Es­cheates, about Suits to the Kings Courts before Justices Itinerant, What other Ordinances and provisions were made in this Parle­ment. County Courts, Hundred Courts, Sheriffs Turns, Writs of Right, Wast of Estates in Custody, Taking of Distresses, &c. all in abatement of the F Rigor 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. Dors. and in the Patent Roll 47. of the same King M. 14. in Schedula Dors.

[Page 628] All these pro­visions and Ordinances made in ele­ven days.All this was done, and Commissions for the Governors of the Kings Castles were issued in eleven days time, as appears by the the Records in the n. 191, 192, 193. Appendix that bear Date June 22d, and are worth noting.

Twenty four chosen to treat of an Ayd for the King.There were also appointed at this meeting by the Community Twenty four persons to treat of an Ayd for the King, which choice is thus to A be found in the same f. 414. Annals, save only the Names of the 24 are rendred 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 Glocester.
  • 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 Gray.
  • John de Bailol. B
  • Roger Mortimer.
  • Roger de Montalt.
  • Roger de Sumery.
  • Peter Montfort.
  • Thomas de Greley.
  • Fulco de Kerdiston.
  • Aegidius de Argenton.
  • John Kyriel. C
  • Philip Basset.
  • Aegidius de Erdington.

All Barons or Knights and great Tenents in Capite, not one such Commoner, as in these times amongst them.

But instead of Granting or providing an Ayd for the King, when their own Turn was served, The Barons Paris f. 971. n. 20, 30, 40, 50. A. D. 1258. The Barons quarel 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,D 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 Kings Brothers from Oxford, who (as Mat. Westminster 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 E Flight, but they chose Hugh Bigod their Justiciary, and Summo­ned all their Followers to attend them, and with Horse and Arms to persue them, which was done so Swiftly, and by such numbers, as the Parlement was thereby dispersed and broken up, and never left persuing and menacing of them, until they quitted the Kingdom, who for their security in their passage beyond Sea, obteined the Kings Append. n. safe Conduct, (which bears Date July 5th) and had Humfry de Bohun Earl of Hereford and Essex, John Earl Warren, William de F Fortibus Earl of Albemarle, and other Nobles assigned to Guard them.

The Oath of Confederacy or Association, which the Community of England entred into at this meeting at Oxford, we find transmit­ted to posterity in the same f. 413. Annals, with this Title, and in this Form,

Ceo jura Commun de Engleterre a Oxford.

Nus tels et tels fesum a saver a tute genz,The Oath of Confederacy taken by the Comunity at Oxford. Ke nus avum Iure 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 A 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 Empyre. E si nul fet en Cuntre ceo, nus le tendrums a Enemie Mortel.

This the Community of England did swear at Oxford.

B 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 Ayd 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 owe to the King and the Crown. And we promise upon the same C Oath, That we will not take any thing from one another, either Land or Moveable (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.

D

Chescun jura sur seintes Evangeles, Ke il al honur de Deu, The Oath of the Twenty four. e al a fei le Rei e al 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 perce, Ke leaument ne face solum la tenur de la Letire Ke le Rei ad sur ceo Done e sun For fei. fez ensement. That is,

E

This is the Oath of the Twenty four.

Every one Swear upon the Holy Gospels, That to the Honor 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 F 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 Kings See Ap­pend. n. 189. Letter, which he had granted, and also made.

[Page 630]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 [...] Iure Ke ben et leaument a sun poer fra ceo Ke apent a la Iustierie de Dreiture tenir a tute genz al prou le Rei e del Reaume A solum le purveyance fete et a fere par les vint et Quatre, et par le Cunseil le Rei e les Hauz Humes de la tere, Ke li Iurrunt 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 apperteined to his Office of Justice, and do Right to all B 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 Ayd and Maintain him in these things.

With these is to be found the Oath of the Chancellor of England.

Ceo Iura le Chanceler de Engleterre.

Ke il ne Enselera nul bref fors Bref de Curs sanz le Mande­ment,C 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 partie. 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, D

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 E 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 Kings Castles and Places of strength,F 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 f. 391. n. 20. The Barons 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.

[Page 631]And when they had driven the Kings Brothers out of the King­dom, the Baronage, or Paris f. 978. n. 10. & lib. Addit [...]ment. f. 215. n. 30▪ 40. A. D. 1 [...]58. Comunity of England, sent Letters to the Pope to excuse themselves, which were 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 A 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 B 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, disswaded the King from consenting to their Ordinances, and incouraged 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 Thieves and Ruf­fians, C who preyed upon the Poor, insnared the Simple, moved the Wicked, oppressed the Innocent, triumphed in the worst Actions, and rejoyced 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 publick Peace, to An­swer their Accusers according to the Laws and Customs of the King­dom. D Yet so, as if they desired it, they might have leave to de­part, who rather than they would stand to, or undergo the rigor 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 E 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 Fulness 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 F 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.

[Page 632]Of these Eleven, Eight were of the number of the Twenty four Reformers, viz.

  • Richard of Clare Earl of Glocester and Hertford.
  • Simon Montfort Earl of Leicester.
  • Roger Bigod Marescal of England.
  • Humfry Bohun Earl of Hereford and Essex.
  • John de Placeto Earl of Warwick.
  • Hugh Bigod Justiciary of England.
  • John Fitz-Geofry. A
  • Peter Montfort.

The other Three were of the Number of the Fifteen of the Kings Council, chosen by Four of the Twenty four, viz.

  • William de Fortibus Earl of Albemarl.
  • Peter of Savoy Earl of R [...]chmond. B
  • James Aldithley, or Audeley.

The Great Men 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 C the Kings 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 Kings Half Brothers. Homicide, or Murther, 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 Arch-Bishop of Canturbury's Official, for which all present, when it was done, were Excommunicated, through all D the Province of Canturbury, and at Oxford before the That is, the University of Barons. Ʋniver­sity; and they further told the Pope, That one of the Brothers, Geofry of Lesignan, Roasted the Kings Cook, and Tortured him to death, with studied Torments.

After these things 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 E 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 Ibid f. [...]76. n. 40. Herlot the Popes Notary retires. Feast of the Assumption of the Glorious Virgin (That is August 15.) Herlot, the Popes Clerc, Special Counsellor, and F Notary, when he saw the Broils and Disturbances in the Nation, privately and prudently withdrew himself, while the Storm should be over.

[Page 633]It had been Append. 195 All Grievan­ces were to be inquired into by four Knights of every Coun­ty. agreed in this Parlement held at Oxford, That all Ex­cesses, Transgressions, and Injuries done or committed, as well by Justices, Sheriffs, Bayliffs, 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 A the Seals of the Jurors, and to be delivered in their own proper per­sons at Westminster to the Kings Council there, eight days after Michaelmass. And Ibid. The Return of their inqui­sitions to be made to the Kings Council. Writs were issued to Four Knights in eve­ry County to that purpose, Dated on the 4th 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 Kings Append. n. 196, 197. The Knights had their ex­pences allow­ed them by the Counties. Writs the four Knights of every B County, had their expences allowed them by the Counties for coming to Westminster, Returning home, and attendance upon the Kings Council or Parlement.

About the beginning of November this year, the King received the 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 Popes mind, Chosen, and Crowned King of Apulia, who made Arch-Bishops, and Bishops C without the Popes 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 Kings 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 Ibid. f. 981. n. 50. A. D. 1259. Richard King of the Romans desires to re­turn into Eng­land. Nobles were in London at Christmass D 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, 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 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 E he might divide them, and bring off many to follow him, and break their purposes.

About the Ibid. n. 50. Feast of St. Hilary (that is January 13.) they again entred into a common and solemn Deliberation and Debate, concerning his coming into England, and sent the Bishop of Wor­cester, the Abbat of St. Edmunds-Bury, Peter of Savoy ▪ and John Mansel to him, That he might certify them of the cause of his so F sudden and unexpected coming into England, and how long he would stay there, and to acquaint him he must take an 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 compleating 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 sware by the Throat of God, he would not take the Oath they required of him, nor [Page 634] 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 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 A notice he became more calm, and by perswasion 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. Ibid f. 984. lin. 2. On the next day King Henry met him at Canturbury, and both Kings went into the Chapter-house there, where Richard Earl of Glocester call [...]d upon Richard Earl of Cornwal to take the Oath, which was in these words,B

Hear ye Ibid. l. 8. The Oath he took. all People, That I Richard Earl of Cornwal 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. C

Eight days after Ibid. f. 984. n. 30. Candlemass the Noblemen met at London, as they had agreed before at Oxford. About the beginning of No­vember 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 Mareschal, 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 D home, and left the Earl of Leicester behind, who went into France, and having been long 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.

E

In the Ibid. f. 986. n. 10. Several En­glish Noble­m [...]n sent to a Parlement 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 Parlement 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 F 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 publick. When Ibid. f. 987. n. 10. all things were agreed, the Countess of Leicester would not Resign some Rights she pretended [Page 635] 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 Cl. 43. H. 3. M. 10. Dors. Lewellin inva­deth England. All Military Tenents Sum­moned to Che­ster and Shrewsbury. Lewelin Son of Griffin in a hostile manner inva­ded the Kings, his Son Edwards, and other his Subjects Lands, and for that the Truce between them was to determine on A 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 Cl. 43. H. 3. M. 4. Dors. Adomar desires to be admit­ted into Eng­land, but is denyed. 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 injoyment B 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, &c. f. 83.

It is Reported 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 C 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 Rent in Gascoigne; and from thence-forward he left out of his Style, the Title of Duke of Normandy, and Earl of Anjou.

D In the absence 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, then Chancellor, to be their Bishop; the King consented, saving the Right of Adomar, if he could obtain Consecration to that Bishoprick 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 E Bishoprick, notwithstanding his insufficiency, and procured the Kings 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 Bishoprick, 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 Bishoprick void, F seized the Temperalties and Stock thereof, 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 Bishoprick, warranting them against the Bishops of Win­chester, Provided always, That if Adomar should recover Possessi­on of his Bishoprick, they should be restored to him.

[Page 636]In the year 1260. King 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. Dors. it ap­pears he was in France at Paris Treating of Peace, &c. with that King, the 19th, and 28th of December, at Paris, and 17th 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 A at several Towns in those Countreys where the King then was.

This year Dyed Ibid. & Annal. Burton. f. 446. Pope Alexander dye's and Vr­ban Succeeded him. Pope Alexander the 4th, to whom Urban the 4th succeeded, and was Consecrated the fourth of September.

In the Kings absence the Great Paris f. 990. n. 40. Revenues of the Italians Churches to be paid to the Barons recei­vers. men Commanded all the Reli­gious, who farmed the Revenues of the Churches possessed by the B 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 threatned to burn their Houses and Goods, and to inflict the same punishment upon their persons, which was prepared for the Romans. Ibid. n. 50. Simon Mont­fort reported to have dyed 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 C 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 Ibid. fol. 990. n. 50. King Henry employs the Treasure in the Tower for its repair. Christmass in the Tower at London with his Queen, who after he had broke his promise made to the Great Men, was constreined to retire thither to secure himself. He commanded the look [...] of the Treasure which had a long time been D 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 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.E

Those which had no kindness for the King, raised reports 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 Lyes, to Arrest and keep them until they could produce the Authors, or that they received F further Directions from him.

About this time the King received from the Pope 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 [Page 637] 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 shew it, they would amend it. To which the King with great passion replyed, That they had faln 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 A 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 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 B forthwith came into England, and brought with him William of Valence lately forced out of the Kingdom, who could not obtein 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 en­tred into a Confederacy with them, to search out and drive away C from the King all evil Counsello [...]s and their favorers (Quod malos Consiliarios & eorum fautores adquire [...]nt & a Rege pro viribus elong a­rent. When this came to the Kings 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 Append. n. 202. False reports spread of the King. endeavored by false and Crafty Suggestions to lessen the affections of the People towards D the King, and withdraw their hearts from him, raising reports that he would destroy the just Antient Customes 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 [...]ubjects, by removing of Sheriffs and Governers of Castles, and appointing others that were more able to E 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 Glocester, and other Great men had caused Append. n. 203. Three Knights of e­very County Summoned by the Great Men to meet at St. Albans. A D 1262. 5. Paris ut Supra fol. 991. n. 40. three Knights of every County to be Summoned to meet them at St. Albans on the Feast of St. Mathew the Apostle (that is the 21 of September) to treat with them about F 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 enjoyn 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 Honor and Ad­vantage of the Kingdom.

[Page 638]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 Reconc [...]lia­tion made be­tween the King and his Great Men. was with his Queen and Coun­sellors at Christmass 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 A John Mansel, and from thence he went to Dover Castle, which was yeilded 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 easie access and entrance was granted according to his own wishes.

The King to gain an Ayd from his Nobility in Parlement, and en­gage them in the Affairs of Sicily (though deceived in both) did B not only confirm their Ordinances made at Oxford, but craved Claus. 42. Hen. 3. M 4. Dors. The King con­firms the Ox­ford Ordinan­ces. the Popes Confirmation of them, as very beneficial to him and his Heirs.

But when those hopes were blasted, Append. n. 204. He sendeth to the Pope to Absolve him from his Oath. he sent to Pope V [...]han 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 Dyed C before his Absolution was compleated. He also wrote to him not to confirm the Barons Statutes, if pressed to it, revoking the Commission of his former Procters 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 Paris. fol. 991. n. 50. He taketh the advantage of the Popes Ab­solution. He displaces his great Offi­cers of State. resolved to take the advantage of the Popes Absolution, and went to several D 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 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 E 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 conteined in the great Charter and Char­ter of the Forest, which they were commanded to proclaim in all F 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, Honor, or Dignity, or to his Execution of his Office. Upon this the Paris. ut Supra. The Barons come Armed to Winchester. Barons came Armed to Winchester, and John Mansel went privately to the King, and acquainted [Page 639] 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 Christmass 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 it self on the Kings 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 Christmass. The King of France nulleth the Oxford Provisions. Oxford A provisions to the King of France, who calling together his Bishops, Earls and great men at Amiens on the 22d 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 intend altogether to abrogate King Johns 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.

B

This Parlement of the King of France (as the Monk calls it) being Dissolved, the Ibid. Several noble men desert Montfort. King of England and his Queen, the Arch-bishop of Canterbury, the Bishop of Hereford, and John Mansel, who were all there returned home. And from that time 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 C with Leolin Prince of Wales, the Kings great Enemy, sent an Army thither, that invaded, destroyed and burnt the Estate and Lands of Roger.

In the mean while the 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 Kings D Counsellors, and all they knew adhered to him, and in an Hostile man­ner seised upon their Estates, Places of Strength, Castles, Towns and Goods; Ibid. f. 384. n. 50. 385. n. 10. Montfort with his Army took in Glocester, Worcester, Bridgnorth and Shrewsbury; Prince Edward and the Noble men that were of the Kings party took in the Castles of Haye, Huntington, Brecknoc, &c. and on both sides they wasted, burnt and destroyed their Lands and Estates.

E The Londoners also 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 Kings party, and impri­soned the Kings Clercs, the Barons of the Exchequer, and Justices of the Bench.

The King was at this time in the 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 F 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 perswasion of the Queen, by the mediation of some Honourable persons made peace with them, the Articles whereof were these:

[Page 640]First, That Ibid. The Articles of the peace. Henry, Son of the King of Almain, should have his Liberty.

Secondly, That the Kings Castle should be put into the Hands of the Barons.

Thirdly, That the Statutes and Provisions made at Oxford should A 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 Paris, f. 993. n. 20. furnished it with Arms and Victuals, which raised B great suspition in the Barons; and it added much to it, that when Prince Edward, had desired of the Bishop of Worcester, who was of the Ba­rons party to conduct him from Bristol to his fathers Court, when he came near Windsor, he left the Bishop and went into the Castle, which he took very ill; 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 C might go whether they would, and the strangers, and such others that had a mind to go beyond sea, should have Pass-ports.

On the 20th day of 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 D treated, or what was the effect of the Treaty, I find not.

To the King at Paris, f. 993. 40, 50. & f. 994. lin. 1▪ &c. 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 Barons 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 F. 385. n. 30. Mat. of Westminster (Barones vexilliferos) besides forty Ordinary E Knights which were imprisoned in several Castles, and their names are to be found in Paris.

From hence the King Paris, f. 994. n. 10, 20. His success a­gainst several places. marched to Notingham, 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 F 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 Glocester, 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 [Page 641] Pevensey, where he received into favour the Barons and Officers of the Five ports. (Ʋbi 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 Ibid. n. 20. The Barons 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 A 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 Glocester, at the Request of the others of the Faction.

To which the King returned, Ibid. n. 30. The Kings the Answer. That they were the cause of all the War, Destruction, Rapine and Misery that had befaln the Nation. That their Intentions were not according to their Profession, nor their B 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 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 Judgment of the Kings Court, to which they were ready to submit and make their Innocence appear. These Letters were dated the C same day.

After this the Barons sent Henry Bishop of London, and Walter Bishop of Worcester, their 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. D where he then was, who hearing of their coming, advanced toward them: Ibid. n. 30, 40, 50. The Battel at Lewes. The Battel being joyned, Prince Edward ingaged the Londoners, and beating them made too great a pursuit, so that before his Return, the other part of the Kings Army was Routed, and his Fa­ther having his Horse 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 Ibid. n. 10. his Forces, E with design to try the fortune of another Battel, 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 Mat. West­minster, f. 393. n. 40. Montfort re­fers himself to the King of France to make a peace. Mediation and Intercourse of Friers 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: F which three should determine all Controversies between the King ▪ and Barons, and order all things concerning the State of the Kingdom, and for the 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 Kings 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 Mise of Lewes. And so the King [Page 642] 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 Battel, 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 A that at any time had served him, as well Clercs, as Laics, of all their moveable Goods.

This Battel was Mat. Westm. f. 387. lin. 5. fought, May the 14th; and on the 17th of the same Month, the King sent his 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 B 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 Iames Aud [...]he [...]ey, or Audley, to deliver Robert Montfort his Brother, both Sons of Peter Montfort.

On the 28th of May, Append. n. 209. Montforts Son made Consta­ble of Dover Castle. Henry Montfort, Eldest Son to the Earl C of Leicester, was made, by the Kings 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 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; D commanding, and injoyning them by their Faith and Allegiance, that they strickly 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 License and E 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 F the Note the Octaves of holy Trinity this year, were June 22d. Ea [...]ter 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 Par­lement, about his own Business, and the Business of the Kingdom.

On the same 4th of June, the King sent his Append. n 2 [...]1. Writ to Iames Alo [...]thele, or Audley, acquainting him, that by Divine Grace, there was a firm Peace concluded between him and his Barons; and that [Page 643] 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 Kings special Licence and Command;None to wear Arms without the Kings 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, A 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.

B

Roger Mortimer 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, Humfry de Bassingburn, and all other such Priso­ners, &c.

Roger de Clifford Ibid. received the same Command; and to bring C with him William de Eyvill, Henry de Penbregg, and Baldwin de Drayton.

A 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, Anker de Freschenvill, Hugh Gobion, Roger de Mortein, Richard de Hemington, and all o­ther Prisoners in his Custody, &c. This Writ was delivered to Philip D Driby, by the Earls of Leycester and Glocester.

The same Ibid. Command was to Drogo de Barentin, Constable of Windsor Castle; that he should bring William de Furnivall, and all other Prisoners, &c. This Writ was given to Charles the Kings Valet, to be delivered to the aforesaid Constable.

The same Ibid. Precept was directed to John de Vallibus (that is, E Vaus) Constable of the Castle of Norwich, or his Sub-Constable to come, &c. and bring with him Ger. de Furnivall, William de Elyes­ford, Ralph de Bruton, John Estormy, and all other such Pri­soners, &c.

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 Parlement 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, F or on the 22d of June 1264, 48th of Henry the Third, was to Ʋnking 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 Append. n. 213. King of naming and choosing nine Counsellors, of which nine, three by turns should always be pre­sent [Page 644] 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 A 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 B 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 C Prelate, in Matters concerning the Church: And if it should happen, that two parts of the nine should not agree in any Business; then 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 D the King, or by them instead of, and by Authority of him. And this Ordinance was to indure, until the Mise 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, Hum­fry de Bohun, William Montchensey, and the Major of London put their Seals to the Writing; Done in the Parlement at London, in the E 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 Parle­ment, &c. 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 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 F 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.

[Page 645]The short Account 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 A 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 Kings Houshold 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 signifie nothing: And so the Earls of Ley­cester, and Glocester, and Bishop of Chichester (Ibid. n. 10. The Bishop of Chichester's promised to such as should die fighting a­gainst the King. who promised all that fought stoutly against the King, and were killed in the Battel B of Lewes, immediate entrance into Heaven) were Constituted the three chief Counsellors. Then Ibid. lin. 16. They send Let­ters to the Pope's Legat, and King of France, to ac­quaint them with their proceedings. threatning 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 Ibid. lin. 16. They send Let­ters to the Pope's Legat, and King of France, to ac­quaint them with their proceedings. Let­ters to the Bishop of la Sabina a Cardinal, and then the Popes Legat C 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 Legat, 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 D'espenser Justiciary of England, Peter Montfort, and Richard de Mepham, Arch-Deacon of Oxford, were 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 Legat 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 E 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 Append. 216. Montfort causeth false reports to be spread of the Kings design; And then Taxeth the people. Four or five to be sent out of every Town to the Sea-side. The Kings en­deavour to undeceive his people. Army of Strangers into the Kingdom to destroy the Na­tion, F 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 Kings Privity or Knowledge, especially in Warwic and Leycestershire, to maintain four or five men out of every Town to march to the Sea-side, 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 [Page 646] 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 Leige 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 A of July, these Suggestions and Rumors were renewed and spread abroad to keep the peoples 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 Append. n. 217. The King forced to own whatever Montfort sug­gested. D [...]clare to the Arch-Bishops, Bishops, Abbots, Priors, Earls, Barons, Knights, Free-men, and to the whole Community of Counties, That it did cer­tainly appear to him, that a great Multitude of Strangers (who, or of what B 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 C Peace of the County, to Summon and firmly Injoyn, in the Kings 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,D 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 Foot-men 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 Expences allowed upon the E Common Charge for forty Days. And that he should send from Cities, Ca­stles and Burghs, 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 Domestick Imployment, 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 Bloud (to F 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 [Page 647] 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. Pauls London, on the sixth of July.

A On the Ninth of July 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, Ioswich, and all other Cities, Burghs, 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 B Kings Commands, that others might really be so, and therefore obteined the Kings 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 carryed about with him. This License is Dated at St. Pauls 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 C ninth of August, Pat. 48 Hen. 3. M. 7. Dors. The King ha­stens the March of the new raised Forces. wrote to the Sheriff of Cambridge and Hunting­ton 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, &c. 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, then he was to take and detein them in Prison until further Order, and out D of the profit of their Lands, Tenements and Goods, to send as many Armed Men as they would maintein.

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, Pat. 48 Hen. 3. M. 5. Dors. wrote to all that were assembled for E 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 depart, until they received his License. And commanded the Sheriffs to provide Mo­ney from the County, for such as were not able to bear their own F 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 depart without his Licence, and keep them safe until further Order.

[Page 648]On the 24th of September, the King Pat. 48 Hen. 3. M. 3. Dors. wrote to the Sheriff of Ox­ford and Buckingham Shires, to Command and Injoyn 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, where-ever he was in England, in all A haste to oppose the Strangers that were to come from beyond Sea, who were to be furnished with Money for their Expences in the Army until Three Weeks after Michaelmass; and the Sheriffs were to pro­vide for the Expences of such as were not Able, by taxing the County, and also for the Expences of the Foot. Matthew Westminster 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 Arch-Bishop of Can­terbury, and the Elect of Lyons, and other of the Queens Relations, B was in great Indignation with the English, that behaved themselves Seditiously toward, and Traiterously 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 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. C Yet there remained in the Marches of Wales, several Stout and Loyal Barons, Roger Mortimer, Iames 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 brake down the Bridges upon the River Severn, and secured themselves in the Borders of Wales, on the West side of it.

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To Reduce these, Mat. Westm. f. 389. n. 40, 50. Mont­fort carries the King with him to op­pose them. Assumpsit secum Regem Henricum, quem habuit adeo acclivem, &c. 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 constreined 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 E 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 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 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.F

And now all things being quiet in the Mat. Westm. f. 390. lin. 7. Marches of Wales, the King went toward Woodstock to keep his Christmass there; And the Earl, Fortune favouring him in all things he had contrived, celebrated the same 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 [Page 649] him, by the Instigation of the King of Scots, and John Baliol, was subject to him, Ibid n. 10. The King on­ly as a Shadow and always un­der a Guard. all things were ordered by him, all the Kings 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 Ibid. f. 394. n. 30. Who were his Keepers. Keepers usually were Montfort's Sons, Hugh D'espenser, and John Fitz-John; the A Earl of Glocester being excluded from the Custody of him, whom they only feared as able to break this Confederacy. They divide the Kings Ca­stles and Forts among them­selves. All the Kings Ca­stles and strong Forts of the Kingdom, they divided amongst them­selves, and made the Kings capital Enemies Officers of his House.

There was also at this time much Discourse of 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 B of Chester.

And for this The Writ of Summons. Cause chiefly, and to Treat of some other Difficult Matters of the Kingdom, was the famous Parlement of the 49th of this King, called, the first [a] Pattern of our Parlement, 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 C 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 Edwards Release could not be agreed upon in this Par­lement, whatever other Business might be dispatch'd, for there was another Treaty about it with the Great Men, upon Pat. 49 Hen. 3. n. 100. Thursday the morrow of Ash-Wednesday, and the Discharge from the King to Hen­ry D Montfort his Keeper, for the 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 E in Quinquennium, &c. who was now grown so great, Paris, f. 997. n. 10. that the Earl of Glocester envied him, and thought he was negl [...]cted, 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 Glocester dis­agree. but he ordered all the Affairs of the Kingdom as he pleased: Yet that which most offended the Earl of Glocester, was, that he took to his own use all the Profits and Revenues of the F [Page 650] Kingdom, and all the Money paid for the [b] Ransom of Priso­ners which by Agreement, ought to have been divided between them.

For these Causes there happened a great Difference and falling out between these two Earls, which the Pat. 49 Hen. 3. m. 13. n. [...]4. The King en­deavours to reconcile the two Earls. King, by Monforts own Contrivance, indeavoured to reconcile, by the mediation of some Bishops; and so confident was he, That he caused the King to Ibid. n. 61. write to all the Keepers of the Peace and Sheriffs in England, to ap­prehend A 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, 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, Justitiary, Peter Montfort, Roger B St. John, and Giles Argenten; & Sciendum est quod liter [...] istae ema­narunt per preceptum Regis, Commitis Leicestriae Justiciarium, Pe­trum de Monteforti, Rogerum de Sancto Iohanne, & Aegidio de Argenten.

The Earl of Glocester would not be reconciled to Montfort.But Simon Montfort, who put forth every thing in the Kings Name, was deceived; for notwithstanding all the Labour of the Mediators, the Earl of Glocester would not be Pat. 49 Hen. 3. n. 54. reconciled to him, but with­drew C himself and joyned 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.D

On the 30th of the same Month, the King 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 Glocester; 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 chearful Assistant in that Business: He on the Thursday in Whit­sun-week, E 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 F [Page 651] 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 Append n. 222. He prohibit All from Aiding or A [...] sisting his So [...] wrote to the Guardians of the Peace, and Sheriffs of every County, to Prohibit by Proclamation, all People of A their respective Counties, from giving any Aid or Assistance to his Son Edward, the Earl of Glocester, 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 Transgressors 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, B 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 Kings Name was 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 C Province of Canterbury, Rex venerabilibus in Christo patribus H. Lon­don, & caeteris Episcopis, &c. in which they were required to Excom­municate by name, in their several Diocesses, his Contùmacious, Rebelli­ous Son, and other Rebels: Et est litera Duplicata per Comitem Lei­cestriae Justiciarium, Petrum de Monteforti, Egidium de Argenten & Rogerum de Sancto Iohanne: And this Letter was double, by the Earl of Leicester, Peter Montfort, Giles Argenten, and John St. John; no mention of the King.

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On the 26 of the same, a Letter in the Kings Name was 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, &c. 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 Fa­vorers, by all ways and means they should think expedient. Signed E by the King, the Earl of Leicester, &c. as before. Dated at Monemuth.

On the 28th of June, a Writ was Pat. 49 Hen. 3. n. 45. The King constreined 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 Kings Name: That whereas his Son Edward, and Gilbert de Clare Earl of Glocester, together F with John de Warenna, William de Valentia, Roger Mortimer, Iames Audley, and other Rebels adhering to them, had seized di­vers Towns and Castles, and raised New War in the Kingdom; He Commanded and Injoyned 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 [Page 652] Devonshire, to Ralph Arundel and Adam de Gurdun: Per Regem, Comitem Leicestriae, &c. 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 Paris, f. 998. n. 10. and Mat. Westm. f. 393. n. 10. Prince Ed­ward sur­priseth Mont­forts Son. marched toward Kenelworth Ca­stle A in Warwickshire, there to meet his Father, and joyn their Forces. But Prince Edward having notice of it, he and the Earl of Glocester 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. 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 staid B 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 Ibid. He hindreth their joyning 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 joyning their Forces. On the day following, he marched toward Evesham, and came before one part C of the Town, and the Earl of Glocester 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 yeild or fight. 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 Barons 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,D 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 Inferiour Degree with Foot, and in great number. And so (says Rishanger, the Conti­nuer of Paris) this Ibid. n. 30. His Character by Rishanger. Magnificent Earl finished his labors, 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 Kingdome. Sic (que) labores finivit vir ille Magnificus Simon Comes, qui non solum sua, sed seipsum impendit pro oppressione pauperum, assertione Justitiae, & E 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 Ibid. n. 40. Miracles after his Death, but for fear of the King they were not published.

Into this Battel, Montfort and the Barons forced the King, Mat. Westm. f. 395. n. 20. The King wounded in this Battel. Exeuntes Comes Leicestriae & Barones, unà cum Domino Rege F Violenter adducto) where he was dangerously wounded, by a Dart thrown at him unawares. In presenti Paris, f. 999. lin. 1. bello, Dominus Rex extitit vulneratus, & Morti penè vicinus Jaculo in eum ex improviso dijecto.

[Page 653]After this Battel we have a full Discovery of Montforts Practices to write what he pleased,A Discovery of Montforts Villanous Practice. and send forth what Writs he pleased in the Kings 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, A 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 B tunc vacantem Almarico de Monteforti Concessimus, &c. This Grant bears Date August 7th at Worcester, two days after the Battel, and gives us the true Reason why, in the Kings 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 Pat. 49 Hen. 3. m. 11. The Bur­gesses of Here­ford received into favour upon Condi­tion. Burgesses of Hereford were received into Favour, and their C 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 Pat. 49 Hen. 3. n. 38. Fined 560 Marks.

The King willing to shew 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 D for their Offences against him.

On the Paris, f. 999. lin. 3. The Liberties of London seised. eighth of September he called a Parlement at Winche­ster, by Advice whereof, the Liberties of the City of London were seised for their Rebellion, and the greatest Offenders committed to Pri­son, to be punished at the Kings Pleasure.

This Parlement also Append. n. 223. The Parle­ment gave the King the Rebels Lands. gave the King all the Rebels Lands, and E 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 Rent, 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 F 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 Append. n. 224. His Writ to the Guardians of the City of London. wrote to his four Guardians of his City of London, Humfry 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 [Page 654] as well concerning their Lives, and Limbs, as their Lands, Tene­ments, Goods, and other things whatsoever; submitted themselves to the Kings pleasure. Therefore they were to cause Proclamation to be made, That his Peace should be firmly kept in the City and parts adjoyning, to preserve it from being plundred.

On the same day the King 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 A was to hold the Court for that day.

On the same 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 Pat. 49. H 3. M. 4. He commits the Custody of London to Hugh F [...]tz-Oto during pleasure. committed the Custody of B 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 Mat. Westm. f. 396. N. 50. Pope Ʋrban 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 Ibid. f. 397. lin. 6. Ottob [...]n sent a Legat into England. Barons C 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 Legat into England, and Crowned 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.

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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 Claus. 50 H. 3. M. 10. Dors. 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 Kings Court. Dated November 6.

The men of the Cinque-Ports that were the Kings Enemies and E had taken part with the Earl of Leycester, committed Rapin and Piracy at Sea: The King Claus. 50. H. 3. M. 9. Dors. wrote to the Bayliffs 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 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 F arising from them at the Exchequer; and Hugh Fitz-Oto was com­manded to deliver them. Dated November 28.

[Page 655]The King sent his Claus▪ 50. [...] 3. M. 8. Dors. 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 Straglers that would renew the War if not prevented. Dated December the 20th at Northampton. The Abbot of Peterburgh Ibidem. made fine, and compounded with the King A for this Expedition only, at Fourscore Marks.

The King at Paris f. 1000. n. 20. Simon Mont­fort the youn­ger submits to the Kings pleasure. Christmas was at Northampton with his Queen, The King of Almain, and the Legat, by the mediation of friends, Simon Montfort the younger, submitted himself to the Judgment of the Legat, 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 B Imprisonment.

Simon was brought to the King, and it was Ibid. n. 30. Kenelworth Castle refuse to yield. Determined he should deliver the Castle of Kenelworth to the King, and depart 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 C 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 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, &c. D remittimus, & pardonamus, &c. And gave them leave to receive the Rents of their Houses and Tenements, within the City and without, due from Christmass then last past: 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 in­dited, 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, E and Rents, which were or ought 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 Indited. 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 Citizens liberty to F 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 setled by his Council, or by his Advice. Quous (que) 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.

[Page 656]There was an Ibidem. Order from the King to John 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, &c. Witness the King at Northampton the 11th of January.

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The like Letters were directed to the Constable of Rochester Castle, with the same Teste.

All the Pat. 50. H. 3. M. 29. Dors. 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. B

The King Pat. 50. H. 3. M. 24. wrote to the Bishops and all other Praelates, (that is, Abbats, Priors, &c. these were called Praelati) in England ▪ That when he was in the Custody of Simon Montfort, they had Collected a Claus. 48. H. 3. M. 3. Dors. 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 C 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 Legat, according to the Form of the Mandate of the said Legat to them directed. Witness the King at Westminster the 15th of March.

The Kings Forces though they were before Paris f. 1000. n. 30. Kenelworth Castle refuse to submit. Kenelworth Ca­stle, yet they had not so streightned it, but the Defendents, which D were very numerous Claus. 50. H. 3. M. 5. Dors. Their barba­rous usage of one of the Kings Messen­gers. made Excursions, plundred and burnt the Countries, and took one of the Kings Messengers passing by them, and cut off his Hand, and in contempt of the King sent him to him. 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, &c.) Ibidem. He resents it very ill. To revenge such an im­pious affront the King commanded all and singular (omnibus & sin­gulis) E 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 Burghs of every County, that if any of his Enemies passed through them,F they might be arrested and delivered to the Sheriff, and if they would not or could not be taken, then the Watch-men 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.

[Page 657] April 30th, this year Pat. 50▪ Hen 3. m. 1 [...] m. 49. The Kings Grant to th [...] City of Lon­don to choos [...] 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 A 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 An­tient Time had done. Dated at Northampton, 30 April.

It was spread Cl. 50. Hen. 3. m. 5. Dors. about the Kingdom, that the Barons and Confe­derates were Disinherited without Judgment of the Kings Court, in Detraction to his Justice. He therefore caused Proclamation to be B made in all Burghs 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 Councellors, 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 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.

C

The Continuer of Paris f. 1000. n. 40. speaking of the Accomodation, that was to have been perfected between the King and young Simon Montfort about Christmass, 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 surrendred to him,His kindness to the Defen­dents 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 D 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 surrendred about the middle, or toward the 20th. of July: for by a Cl. 50. Hen. 3. m. 2. Writ dated the 21st of that Month, directed to the Sheriff of Stafford and E Shropshire, not to disturb, or suffer to be disturbed several therein named, who were admitted to the Kings Peace, by the Bishop of Lichfield and Coventry in his own Diocess, according to the Kings Commission to that purpose, he was then in the possession of it.

The same Historian Ʋt supra. n. 50. The Disinhe­rited enter the Isle of Ely. tells us, That on the Eve of St. Lawrence, August the 9th, the Disinherited entred the Isle of Ely, having first Wasted and Plundered the Counties of Huntington and Cambridge.

F

Soon after the King 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.

[Page 658]Upon the Pat. 50 Hen 3. m. 9. Dors. Answer to Mr. Petyts Rights of the Commons, &c. f. 34, 35, 36. A Parlement called at Ke­nelworth. Octaves of the Assumption of the Blessed Virgin (that is August 22d) at the Request of Ottovon the Legat he summoned his Parlement 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 A 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 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 B of the Legat, 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. C

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 D place against the King which he had not pardoned.

All fighting 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. E

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 F Land was delivered; if half, then half; if a third part, then 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 gratifie such as had done him faithful Service.

[Page 659]The Earl Ferrars, and Henry Hastings, were to pay seven years pro­fits of their Lands.

Those who had committed less Falts 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, Rent of their Lands according to the Nature of their A 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 entred into by any of the Kings 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 B 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 Judgment.

The Commissioners humbly beseech the King and Legat, 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.

C

They also reverently and humbly beseech the Legat 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.

D 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.

E Hereupon Paris, f. 1001. n. 40. Bishops that favoured Si­mon Mont­fort excom­municated by the Legat. the Legat called a Council at Northampton, and Excommunicated all the Bishops and Clercs which favoured Simon Montfort, and gave him Assistance against the King, and by name John Bishop of Winchester, Walter of Worcester, Henry of Lon­don, and Stephan Bishop of Chichester; the Bishop of Worcester dyed, Febr. 5th next following, and the other three went to Rome to Beg the Popes Favour: At the same time also, he Excommunicated F all the Kings Adversaries whatsoever.

After that he sent Ibid. [...]. 1003. n. 30▪ 40, 50, and f. 1004. lin. 1. The Disinhe­rited in the Isle of Ely admonished by the Legat. Their Answe [...] to him. Messengers to the Disinherited in the Isle of Ely, and admon [...]shed them to return to the Faith and Ʋnity 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 Grou [...]head, of Lincoln) St. Edmund, and St. Richard, (both Arch-Bishops [Page 660] of Canterbury) and other Catholic men, That they believed the Articles of Faith conteined in the Creed; the Gospels also and Sacra­ments, which the Ʋniversal 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 A Church as the Head of all Christianity, but not the Lust, Cove­tousness and Exactions of those that ought to Govern it.

Thirdly, He admonished them to return to the Kings Peace, accord­ing to the late Award. To this they Answer, First, That the Legat was sent into England to make Peace, but he rather kept up the War, because he manifestly joyned with the Kings party and incouraged it, and in so doing, maintained the War. Secondly, they Answer, The Award was void, for that the Pope commanded the King and Legat that none should be Disin­herited,B 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 C thundered out the Sentence of Excommunication against all those that should act contrary thereto; that they resolved to stand to that Oath, and were ready to Die for it, and Exhort the Legat to revoke his Sentence, o­therwise they would Appeal to the Apostolic See, or to a General Coun­cil, or the Supreme Judge.

Fifthly, He admonished them not to commit any more Roberies, nor damnifie any one. To this they answered, That when as they fought for D the Benefit of the Kingdom and Church, they ought to live upon the Goods of their Enemies which deteined their Lands.

From Answering, they proceed to Ibid. n. 10, 20. They urge the Legat to admonish the King. Their inso­lent Demands. urge the Legat to admonish the King to remove Strangers from his Council, and they themselves admonish the Legat, that their Lands may be Restored without Com­position, that Oxford provisions might be observed, that they might have Pledges or Hostages sent them into the Isle for Security, that they E might peaceably injoy it for five years, until they saw how the King would keep his promises; and then make the same Complaints that Montfort and the Barons made many years before, and enumerated the common pretended Grievances of men of their temper, and desire they might be Redressed.

A. D. 1267. 51 Hen. 3.Toward the Spring the King was in extreme want of Money, and the Legat being in the Tower of London, he wrote to him from Cam­bridge F to receive all the 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 Abby of Westminster, and to pawn for as much as he could, and caused those that had them in their Custody, to deli­ver them to him; and in the same Letter wrote to him, that con­cerning the State and Liberties of the City of London he would do what was expedient (in instanti Parliamento apud Sanctum Edmum­dum) [Page 661] in the Parlement forthwith to be holden at St. Edmunds Bury. This Letter is Dated, March the 8th, Teste Rege apud Cante­brigiam.

Some, or it may be all the Transactions of this Parlement, the f. 1002. n. 30, 40, 50. Continuer of Mat. Paris relates thus, (though somewhat pre­posterously, A which is a frequent fault in their Historians) The King caused to be summoned the Earls, Barons, Arch-Bishops, Bishops, Ab­bats, all that ought him Military Service, A Parlement called at St. Edmund Bury ▪ to meet at St. Edmunds Bury with their Horse and Arms, to go against those which against his Peace had seised the Isle of Ely; All others obeyed the Kings Com­mand, but the Earl of Glocester, who was in the Confines of Wales raising a great Army, and did not come. John Waren and Wil­liam de Valentia were sent to admonish him to come (ad illum Par­liamentum) B to that Parlement, but could not prevail. They could only obtein his Letters Patents sealed with his Seal (literas patentes, sigillo suo signatas acceperunt) in which he promised never to bear Arms against his Lord the King, nor his Son Edward, unless in his own Defence. When those that were summoned to the Parlement met, (Abadunatis, Qui ad Parliamentum citati fuerant) except those in Rebellion. The King and the Legat required their compliance with these Articles.

C

First, That the Prelates and Rectors of Churches, What de­mands were made by the King and Le­gat, and the Answer to them. should grant them (sibi conciderent) the Tenths of their Churches, for three years next to come, and for the year last past, as they gave the In Sep­tember the 49 of Hen. 3. See in the year before. Barons to keep the Coast against the Invasions of Strangers. To this they answered, That the War began by Evil Desires, and did then continue, and for that Rea­son it was necessary to lay aside these Evil Demands, and Treat of the Peace of the Kingdom, and make use of the Parlement to the Benefit of D 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 it self.

Secondly, They required the Churches might be Paris, ut supra. Taxed by Lay-men, according to the just and true value. They answered, It was not reasonable, but contrary to Justice, that Lay-men should meddle with Col­lecting of Tenths, nor would they ever consent to a new way of Taxing, E 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 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 Ʋn­tilled by Reason of the War.

F

Fourthly, They required that all Clercs, Ibid. n. 10. holding Baronies or Lay-Fee, should go armed in their own Persons against the Kings 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) [Page 662] 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 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. A

At last it was said, that the 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 Parlement I find not, there was then no attempt made against the Disinherited with­in B the Isle of Ely, only they were 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 Ibid. n. [...]0, 40. The Earl of Glocester en­ters London with a great Army. He sent to the Legat to deliver up the Tower to him. Earl of Glocester 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, entred the City, and sent to the Legat to Deliver the Tower to him forthwith, and C prohibited all people to send in any Provision or Victuals to him. The Rabble of the Cities, and Country near it, joyned with him, they Plundered and spoyled 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 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 D the Disinherited in the Isle of Ely, they marched to Windsor, where their Army Dayly increased. 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 Battel upon Hundeslawe (now Hunds [...]o) Heath. Next Day the King Marched thither but found no Enemy. From thence the King Marched to Ibid. n. 10. Stratford, where came to him the Earls of E Bolongn and St. Paul out of France, with 200 Knights and their Retinue; the Gascoins likewise, with many great Ships fur­nished with all sorts of Warlike, Naval Arms, fit for fight, arrived near the Tower, expecting the Kings Command. Ibid. n. 20 The Earl seeing he could not get the Tower out of the Legats Hands, and that his Army was like to be shut up in the City, applyed himself to Richard King of Almain, and Philip Basset, 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 F say of, or for him. By which Peace he and all his Retinue, and the Company with him, the Londoners likewise, and all his favorers were 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 [Page 663] Disinherited that were not in the Kings 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 Ibid. What secur [...] ty 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 15th. the 51st. year of this Kings Reign, and the Pardon June 16th. From the beginning of April when he set forth from A Wales, to this time, he had been harrassing of the Countries where­ever 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 Mony in his very great Necessity,The Bishops refuse to as [...] the King wi [...] Mony. ap­plyed himself to the Pope, who by his 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 befel them and the whole B Kingdom and Church by those Wars, with the Kings Extream 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 Peoples 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 Arch-Bishopricks, Monasteries, and all Ecclesiastical per­sons whatsoever, as well Regular as Secular, Exempt as not Exempt, C 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 (9th. of June) in the 2d. year of his Pontificate, which was A. D. 1267. the 51st. of this King, and Directed to his Legat Ottobon, but not put in Execution until after Christ­mass following.

D The English and Welch every year almost, and sometimes often in the same year, made inrodes into each others Countries,The Welch and English destroy one [...]others Cou [...] tries. 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 d [...]signed to ch [...] stise Lewelin Prince of Wales. and a great sup­port to him in his Rebellious practices, in September this year the E King came with a great Army to Shrewsbury, with Design to March into Wales, and Chastise him for his Ʋnfaithfulness to him; who now wanting the help of the Rebellious Barons by Diverting the King, applyed himself to the Legat, He desires peace and o [...] tains it. by whose Me­diation a Peace was made, Cart. [...]1 Hen. 3. M. [...] De Reform [...] tion [...] pa [...] i [...] ter Regem [...] Lewelinum Principem Wallia. The Articl [...] 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 F 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 reteined 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 Cantreds of Borthwlad, to hold and possess them as ful­ly as ever the King and his Heirs had possessed them. For which [Page 664] 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, 25th. of September, 1267. The Record is long, but this is all that is material in it.A

A. D. 1268. 52 Hen. 3.The Pope having in his Bull of the Grant of the tenths of all Arch-Bishopricks, Bishopricks, &c. before mentioned, Commanded his Legat to Collect or Receive it, or cause it to be Collected or Re­ceived by other fit persons; Cart. 51. Hen. 3. M. 10. in Cedula. The Legat 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 B by the Assignment of the Legat appointed Pat. 52. Hen. 3. M. 32. intus & M. 33. Collectors of this tenth in every Diocess.

The Dean and Chapter of Salisbury 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 Diocess, and the Dean and Chapter, Abbats and all the Clegy of the Diocess of Bath and Wells Ibid. M. 2. intus. compounded with him for 500 Marks down, and 350 l. 4 s. ob. each year for their own C tenths.

The King with his Army this year Marched 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 entred the Isle, and present­ly brought many of them to the Kings obedience, and put the rest D to flight.

In the year 1269. King Henry was at London Ibid. fol. 1005. lin. 1. A. D. 1269. Edward and Edmund the Kings Sons un­dertake the Cross. with his Queen and Ottobon the Legat, 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 Kings Sons, the Earl of Glocester, and many other Noblemen of England, and then with an inestimable E Treasure returned to Rome.

At the same time the King Ibid. n. 10. The Kings 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 ones goods or possessions, he should be lyable to a Capital Punishment which was soon after executed upon one at Dunstable, who had driven away twelve Oxen that were the Villans of Colne, belonging to the Abby of St. Albans, F who persued him and took him, and brought him before the Baylif of the Liberties of St. Albans, who read to him in English the Kings Letter before the whole Multitude, and then by virtue of the Kings Command, Sentenced him to be beheaded.

This year the King of Ibid. n. 20. The King of France his in­vitation to Prince Ed­ward. France sent Messengers into Eng­land [Page] to invite Prince Edward to accompany him into the Holy-Land;Prince Ed­ward accep [...] his offer. to whom the Prince replyed 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 Expences 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 A as security for his Mony▪ 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 Fol. 10 [...] lin. 4. A Parleme [...] at Merleber [...] Statutes m [...] there. in the Octaves of St. Martin (or the 19th. of November) a Parlement 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 B quae de Marleberwe vocantur.

In the year 1270. King Henry 1006. n. 10. A. D▪ 1270. Prince Ed­mund Marri [...] with his Queen and the Chiefs of the Kingdom was at Christmass at Eltham. On the eighth of April Edmund the Kings Second Son Married Auelin the Daughter of William de Albamarla Earl of Holderness.

This whole year proved very quiet and peaceable,Prince Ed­wards preparation for t [...] Holy-land. and nothing C memorable happened, only the great Preparation Prince Edward, and others who had undertaken the Cross made for their Journy to the Holy-land. The King as well as Appen [...] 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 D all the twentieth part of Moveables granted for the Ayd of the Holy-land.

In the year 1271. King Henry Paris f [...] 1006. n. 30▪ A. D. 127 [...] with his Queen, Sons and many of the Nobility, kept his Christmass at London.

On the Second of April Ibid. 1007. n. 30. Richard Kin [...] of the Roma [...] dyed at Ber [...]chamsted Cas [...] Richard King of the Romans dyed at Berkamstede Castle, His heart was buried in the Fryers E 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 begins his Journy [...] the Holy-la [...] He lands at Tunis and is kindly recei [...] ed 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 F France and his Chief men, with great joy and kindness. 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 Kings Son, and the Cardinal of Albania the Apostolic Legat, and on the day after St. Bartholomew King Lewis Ibid. n. 5 The King o [...] France dyes at Tunis. departed this life at Tunis. At the same time Henry the Son of Richard King of the Romans desired leave of [Page 666] his Cousin Prince Edward to return into England, and having ob­tained Licence in his Journy homeward, he was Fol. 1007. n. 20. Prince Henry slain at Viter­bo. slain at Viterbo while he was at Mass in the Church of St. Lawrence, by Guido the Son of Simon Montfort Earl of Leycester, to revenge his Fathers death.

All these misfortunes could not discourage Ibid. n. 30. Prince Edward A from proceeding in his Journy to Acon, where Alienor his Wife was brought to bed of a Daughter which was Named Fol. 1006. n. 30. Joan de Acres Prince Ed­wards Daugh­ter born at Acon. Ioan de Acres, afterwards Married to Gilbert Earl of Glocester. When the English saw the undaunted Spirit of their Prince, they resolved chearfully to accompany him in all his undertakings.

In the year 1272. while Prince Fol. 1007. n. 40. A. D. 1272. Prince Ed­ward escapeth a great danger at Acon. Edward continued at Acon, the Admiral of Ioppa (or Consul, as we call that Dignity,) sent to him several Letters and Messages of Friendship and kindness B by one Anzazim, who had been ever Educated under-ground, 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 Assassine drew out a poysoned 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 C then snatched the Knife out of his hands, and imediatly 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 befaln him, and Commanded the Body of the Assassine 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 shewed great sorrow, and assured the Prince he was no way Privy to it. But when the Soldiers heard how their Prince was D wounded, they resolved to have revenged themselves upon the Sa­racens, but were hindred by the Prince.

Next year there arose a great quarrel between the 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 adjoyning Buildings were all consumed, except the Chappel of St. Walter nigh the Infirmary, and sacrilegiously carryed away the E 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 Tayls 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 F 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.

[Page 667]For the due Prosecution of these Criminals, the King sent his 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 VVilliam Gifford Sheriff of Norfolk and Suffolk, Dated September the 6th. at St. Edmunds-Bury, to Summon all the Knights and Free-holders of both Counties that had twenty pounds a year and above, to appear before him at Norwich on the A 15th. 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 Free-holders, 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 Ab­by of St. Edmunds, he was seized on by a languishing distemper B which never left him as long as he lived. In his sickness the Paris. 1009. n. 10. And dyes. Earls, Barons and Prelates, came to him that they might be present at his death. He desired his Debts might be first payd, and what remained might be given to the relief of the Indigent. He dyed on the Feast of St. Edmund (or the 20th. of November) after he had Reigned Fifty six years and twenty days, and was bu­ried at Westminster.

CDEF

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 A were the Matter of Debate and Discord: Inter Regnum & Sacerdo­tium, between the Secular and Ecclesiastic States, and are conteined in the Canons made at Annal. Burton. f. 388. Merton by Boniface the Arch-Bishop of Canterbury, the Bishops and Clergy of the Kingdom both Secular and Regular, (who met there on Thursday beforeIt 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 insued. 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 Arch-Bishop of Canterbury contended for, and be­came B 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 Annal. Burton. f. 389. Paris Addita­ments, f. 204. n. 40. Arch-Bishop, Bishop, or inferiour Prelate be forced C to appear before any Secular Court upon Summons from the King or any Lay-man; But the greater Prelates shall signifie 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 D 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 Kings Authority, the Diocesan shall admo­nish him to revoke them, and upon refusal to Interdict all his Lands and Places lying in that Diocess; if by any Great Man, then to Interdict and Excommunicate him, and he is not to be released till he hath made sufficient satisfaction. E

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, then 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 F 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, Burghs and Villages in that Diocess.

[Page 669]4. That if any Lay-man do apprehend and detein 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 falsly 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 A 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 Amerc [...]a­ments 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.

B 5. If any Lay-man shall bring the Kings 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 C 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.

D 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 Priviledges of Sanctuary, ei­ther by invading and carrying away their Goods; or by reproach­ing, E beating and evil treating the Religious, let them be so­lemnly Excommunicated till they make Restitution and Satis­faction.

10. If any of the Kings 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 Bishop­ricks and Monasteries, let them be Excommunicated. And if they per­severe, F 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.

[Page 670]11. If any Itinerant Judge doth not accept of the Appearance of any Arch-B [...]shop or Bishop, by his Attourney 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 Arch-Bishop and Bi­shops, let them proceed to Interdiction.

12. If Justiciaries, or any Secular Judges shall by perverse interpre­tation A of Charters (saying they are void, because the Express The Clergy ex­tended those general words, The Church shall be free, and shall in­joy 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 Judgment is given, that such a Sentence will be to the Churches prejudice: And if they do B refuse to harken 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. C

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 Ʋses, let him be Excommunicated; And also such as hinder That they might not be hindered to give to the Churchmen and Monaste­ries. Villans from making their Wills.

The King Append. n. 230, [...]31. wrote to the Pope to revoke these Provisions and Constitutions, as being made to the great Prejudice, Hurt and Da­mage D 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.

EF

Taxes in this Kings 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 A Land; and the King granted to the Great Men Scutage, two Marks Sterling of every Knights Fee.

The Parliament called at Westminster at Christmass 1224. granted the King a Fifteenth of all Moveables,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 foon after Easter, and the other half was to be gathered Michaelmas following.

B

A fortieth part of Moveables 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 Moveables, as the Bi­shops and Clergy of England had then done.

King Henry compelled the Citizens of London to pay him Five C 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 D which were unwilling to pay, were compelled either by the Kings Authority or Ecclesiastical Censures.

Soon after the Religious and others had notice,12 H. 3. ibi [...] 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.

E 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 Knights 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 Arch-Bishop of Canterbury, and some o­ther F 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 Moveables, as well of Ecclesiastics as Laics was grant­ed to the King, and was Collected the latter end of October following.

[Page 672] 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 Emperour 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 Moveables 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 A and Great Men there, and propounded the Example of the Bishops and Great Lay-men of England, who had given him Scutage two Marks of every Knights 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, &c. 'Tis very pro­bable,B 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 Moveables 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 C 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 Knights 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 D years, and the Nobility or Knights three Marks of every Knights 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 E King.

F

Ireland and Irish Affairs.

KIng Henry by his Counsellors in the App [...] n. 227. first year of his Reign, A(he being then but nine years old,) or by William Marshall his Governor, to gratifie 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 Popes Legat, and William Earl Mar­shal, the King then not His Fat [...] seal was [...] with his [...] Regalia, [...] passage o [...] the Wath [...] having a Seal of his own.

B In the seventh year of his Reign, upon complaint made by the Citizens of Dublin against their Cl. 7 Hen. 3. m [...] Dors. The King [...] hibits the Arch-Bis [...] of Dubli [...] [...] meddle w [...] secular ca [...] in Spiritu [...] Courts. Arch-Bishop, (who was then the Kings Chief Justice,) for proceeding against the Laws and Customs of the Nation used in all places of England; and for his Ʋsurpation upon the Rights of the Crown, against his Trust, and Duty, as Chief Justice, in drawing several causes, belonging to the Kings Temporal Courts, to his Ecclesiastical Courts, to Enlarge his Jurisdiction, to the Grievance and Dishonour of the King. There C was a Ibid. writ sent to him to forbear such things for the future, or that he would be severely dealt with for such practises.

In the 11th. of his Reign Cl. [...] Hen. 3. Pa [...] m. 21. The same to be in I [...] land as En [...] land conce [...] ing Excom [...] nicate 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 Bishops Certificate by a Capias Excommunicatum, as was used in England.

D

In the 12th. of his Reign he wrote to 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 injoyn them to the strict observation of the Laws contained in it.

E In the 15th. year of his Reign about Pari [...] 366. n. 20 The King Conaught his Army routed. 2000 Men and the Ki [...] made pris [...] er. 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 entred into the Domini­on of the English, spoyling and Burning the Country; The news whereof was brought to Geofrey de Marisco, (then Deputy Justicia­ry), and he calling to his assistance, Walter Lacy and Richard Burgh, raised a considerable force, with which he fought and beat F the Irish, killed twenty thousand of them, and took their King Prisoner.

In the 19th. of his Reign the 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.

[Page 674]The next year Cl. 20. Hen. 3. m. 13. Dors. The Statutes of Merton concerning Bastardy to be observed in Ireland. he wrote to the Arch-Bishop 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 24th. of his Paris. f. 526. n. 40. Coheirs fe­males how they were to hold in Knights ser­vice. Reign the King sent instructions under his seal, how lands holden in Knights service that Descended to Sisters Coheirs, should be divided, and how and by whom Homage should be done, and in what manner, and of whom the younger A Sisters should hold according to the Statute of Ireland made the 14th. of his Reign.

In the 29th. of his Reign, the Welch putting King Henry to great Trouble, he intended wholly to destroy them, 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 B 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 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.C

Yet notwithstanding this Command, this privilege of using the English laws in Ireland, was 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 complyed not with them who were not to receive any Benefit by them.D

The King in the 38th. year was in Gascoigne, and wanting Forces 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 Mony from the Popes Collector in Ireland for that affair, with his consent, to be re­paid him at a certain day.E

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 42d. year of this Kings Reign, he 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, &c. That he heard his Son intended to make a new Justice there, and put his Castles into such hands, as it might be great F 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 [Page 675] 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 Cl. 49 Hen. [...]. m. 7 Dors. The Kings Writs to se­veral great men to secure the Peace of Ireland. Arch-Bishop of Dublin, the Bishop of A Meath his Treasurer; Walter de Burgh, and Maurice Fitz-Maurice Gerald, that he heard there was like to be great Dissention 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 Kings B Reign, who appointed Couragious Justiciaries, and other Officers, by whose industry, and by putting the English Laws in Execution, that Nation was kept in peace and quiet.

The Issue of King Henry the Third.

C

EDward his 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, Ibid. f. 654. n. 20. born January 16th A. D. 1245. in the Thirtieth year of his Fathers Reign: He was Earl of Lancaster, Leicester, Derby, and Campaign, Lord of Monmouth and D Steward of England.

There are by some four more Sons named, but if he had them, they died young.

Margaret his Pat. 36 Hen. 3. m. 1. Eldest Daughter was Married to the King of Scots, Alexander the Second, a Child of nine years old.

E Beatrice his Second Daughter, so named of her Grand-mother Beatrice Countess of Provence, was 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 Ibid. f. 879. n. 10. at London, on St. Ka­therines day, or the 25th of November A. D. 1253. and died at five years of Age.

F
FINIS.

THE APPENDIX. A DE Sententiis Judicum. B CHART. XCIX.

VAUCO.
C

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 Ʋxoris su [...] simul & Flavino & propri [...] suum fuisset, & legibus suum esse de­beret, quin jam de Tradavio Ʋxoris suae fuisset, [...]dcircò suum esse de­beret; D 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 E 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. Ʋt autem haec [...]i [...]ita [...]unt interrogavit ipse Comes ill [...]s Scabinios quid illi de hâc causâ judi­care F voluissent. At illi dixerunt secundum istorum hominum testimo­nium, & secundum vestram inquisitionem judicamus. Ʋt 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 [Page 2] 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,
  • Ʋrsone,
  • Stefano,
  • Ma­jorino,
  • Valerio,
  • Leontio,
  • Victore,
  • Maurestone,
  • Frontiano,
  • Flo­rentio,
  • AStipfone,
  • Valentiano,
  • Quintello,
  • Stradario.
Et haec nomina Scabiniorum.
  • Flavino,
  • Orsicino,
  • Odmaro,
  • Alexan­dro,
  • Eusebio,
  • Maurentio,
quam etiam & aliis plurimis. Ego itaque VAUCO rogitus Scripsi & Subscripsi.
B

All old Judgments, Processes, and Charts were draw [...] up in Barbarous Provincial Latin, without Congruity, Syntax, Propriety, or Elegancy.

The Process and Judgment is thus Englished.

C

N. 1 IN the Name of God; when Humfry the Illustrious Person, Earl of Rhaetia, in his Pavillion in the Fields, in a publick Mall or Court, sate to hear the Causes of all Men, or to determine accor­ding to right Judgment, there came a certain Man called Hrothelm, and complained, That against his Right, he had an House or Farm taken from him, which came to him by his Wife, and Flavino, and was properly his own, and by Law ought to be his, because he had D it by Livery, or delivery of his Wife, therefore it ought to be his. Then the foresaid Earl, calling Witnesses or Witnesses or Jurors were the same in the old Feudal German Law. Jurors that were of the very Country or Vicinage, he asked them by the Faith and Oath they had made to our Lord, that whatever they knew of this Matter, they should speak the truth. They said, By the very This Oath was made to the Emperor, who is here meant by Do­minus Noster. Oath we have given to our Lord, we know, because there was a certain Man called Mado, who had there his proper Soil, the bounds whereof we know, because it adjoyns, and lies next to the very E 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 joyned above, they are the Propriety of those Men, and ought to be theirs by the Law in right of their Grandfather Quintus. Then the foresaid Earl Com­manded, That the Witnesses or Jurors should go upon the place, and shew the Bounds they mentioned; which they did, and fixed F 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 [Page 3] 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 A 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 publick Mall, or Convention for the dispatch of Controversies, in the Seventh year of the Empire of Charles the August, and the Thirty seventh of his Reign in France, and the Thirty fourth in Italy, Dated the Eighth day of February, happily, under Humphry the Earl. Amen.
B
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.
  • C Flavino,
  • Orsicino,
  • Odmaro,
  • Alexandro,
  • Eusebio,
  • Maurentio,
as also many others. Therefore I VAUCO, having been Required to do it, have Written and subscribed this Judgment.
D

Charta W. Regis Primi de Restitutione ablato­rum in Episcopatibus & Abbatiis totius Angliae.

W. Dei Gratiâ Rex Anglorum.In the Appe [...] dix to Somne [...] Gavelkind, p. 191. L. Archiepiscopo Cantuar. & N. 2 G. Episcopo Constantiarum & R. Comiti de Ou, & R. E 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 F 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 Bishopricks and Abbies.

A

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 Bishopricks and Abbies their whole B 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 C in this Matter, shall be obnoxious to the same Accusation or Complaint, let him restore likewise the Possessions of my Bisho­pricks and Abbies, lest for that reason any of you do not execute what I Command upon my Sheriffs, or prove remiss toward such others as hold any Possessions, or Lands of my Churches.

Historia Elien. Penes Doctorem Gale. p. 87 a. Willielmus Anglorum Rex Omnibus fidelibus suis & Vicecomitibus in quorum Vicecomitatibus Abbatia de Heli terras habet, salutem. Prae­cipio D 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 E & 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 F 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 [Page 5] 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 A 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 B aut ei inde escambitionem reddam, aut aliquid faciam. Facite etiam, ut Abbas Symeon 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.

C

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 D 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 E 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 F 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 [Page 6] 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 Conquerors Charter of Liberties to the City of A 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 Edwards days the King; and I Will that each Child be his Fathers Heir, and I will not suffer that any Man do you wrong. And God you keep.

C

An Alphabetical Catalogue of the Names of all the great Tenents that held all the Lands, Towns, Maners, and Farms in England of William the Conqueror, mentioned in the Sur­vey A thereof, called Doomesday-Book.

Numb. 10. A
  • B ARchiepiscopus Cantuariensis.
  • Monachi ejus.
  • Abbatia de Berchinges.
  • Abbatissa de Eodem.
  • Abb. de Ely.
  • Abb. Sancti Edmundi.
  • Abb. de Bello.
  • C 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.
  • D Abb. de Gand.
  • Abb. Fiscamiensis.
  • Abb. Wintoniensis.
  • Abb. de Certesis alias Certesig.
  • Abb. Sancti Wandregesili.
  • Abb. de Cruce Sancti Leutfredi.
  • Abb. Glocestrensis.
  • Abb. Gemeticensis.
  • E Abb. Glastoniae.
  • Abb. Middletunensis.
  • Abb. de Grestam.
  • Abbatissa de Wincestre.
  • Abbatissa de Romesig.
  • Abbatissa Romesiensis.
  • Abbatissa de Warwelte.
  • Abb. de Lire.
  • F 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.
  • Ʋrso de Abatot.
  • David de Argentoun.
  • Henricus filius Azor.
  • Robertus Albus.
  • Walterus de Aincourth.
  • [Page 8]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 Ʋxor 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.
  • Ʋrso de Berseres.
  • Radulfus de Berchelai.
  • Walterus Balistarius.
    • Baldevinus.
  • Humfridus de Buivile.
  • Hugo de Berners.
  • Ʋxor Bosselini de Dive.
  • Robertus de Buci.
  • Drogo de Beureria.
  • Willielmus Buenvalet.
  • Ogerius Brito.A
  • Rainaldus de Balgaiole.
  • Badulfus de Burun.
  • Rainerus de Bruemont.
    • alias Brunon.
  • Waldinus Brito.
  • Odo Balistarius.
  • Willielmus Blandus.
  • Heppo Balistarius.B
  • Tibellus Brito.
  • Rogerus Bigotus.
  • Radulfus de Bello-fago.
  • Humfridus de Bohun.
  • Herveius Bituricensis.
  • Gislebertus Balistarius.
  • Radulfus Balistarius.
  • Rainaldus Brito.C
    • Bezelinus.
  • Tedbaldus filius Bernerii.
  • Burgenses de Bedford.
  • Willielmus Buenwasteth.
  • Erneis de Burun.
  • Odoardus Balistarius.
  • Rainaldus Balistarius.
  • Regis Bedelli.D
C
  • CAnonici Sancti Pauli Lond.E
  • Canonici de Waltham.
  • Canonici Sancti Martini Lond.
  • Canonici de Oxenford & alii Cleri.
  • Canonici Lisiansenses.
  • Clericus Albertus.
  • Canonici de Twinham.
  • Canonici Constantienses.
  • Clerici de Wrehauton.F
  • Canonici de Bedford.
  • Capellanus Ansgerus.
  • Canonici de Stadford & Handon.
  • Clericus Sanson.
  • Clerici Tenentes de Rege in Somer­setshire.
  • [Page 9]Canonici Eboracenses.
  • Canonici Baiocenses.
  • Comes de Mellent.
  • Comes Eustachius.
  • Comes Willielmus de Ow.
  • Comes Moritoniensis.
  • Comes Alanus.
  • A Comes Rogerus.
  • Comes Hugo.
  • Comes Ebroicensis.
  • Comes Albericus.
  • Comes Ivo Talbois.
  • Comes Albericus Northumb.
  • Comitissa Juditha.
  • Comitissa Godeva.
  • B Comitissa Alveva.
  • Comitissa de Albamarla.
  • Comitissa Bononiensis vel Boloni­ensis.
  • Albericus Capellanus.
  • Milo Crispin.
  • Humfridus Camerarius.
  • Turstinus Camerarius.
  • C Rainaldus filius Croc.
  • Gozelinus de Cormelies.
  • Goisfridus Camerarius filii Regis.
  • Robertus & Willielmus filii Corbutionis vel Corbet.
  • Willielmus de Calgi.
  • D 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.
  • E Willielmus Camerarius.
    • Christina.
  • Ansfridus de Cormelies.
  • Humfridus Cocus.
  • Willielmus de Cahanges.
  • Gunfridus de Cioches.
  • Gislebertus Cocus.
  • Wido de Credun.
  • F 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 Do­way.
  • Walscelinus de Duay vel Doway.
  • 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.
    • [Page 10]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 Glocester.
    • De Westmonaster.
    • De Pertore.

    • De Evesham.

      Several of these Churches, in divers Counties in Doomsday-book, are sometimes entered as Abbies, 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, &c.

  • 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.A
    • Edgar.
    • Eldeva.
    • Eddie alias Edith.
  • Regis Elemosynarii.
B
F
  • FRodo frater Abbatis.
  • Radulfus de Felgeres.
  • Willielmus de Felgeres.
  • Henricus de Ferrariis.C
    • alias Ferier.
  • Willielmus de Falaise.
  • Robertus Fasiton.
  • Walterus Flandrensis.
  • Willielmus Froisseleu.
  • Hugo Flandrensis.
  • Richardus Forestarius.
  • Baldwinus Flandrensis.D
  • Ranulfus Flammar.
  • Robertus Flavus.
  • Henricus de Felgeres.
  • Hermar. de Ferrariis.
  • Ad nullam Firmam pertinet.
    • Fulcherus.
G
  • RIchardus filius Gisleberti Co­mitis.
  • Robertus filius Geroldi.F
  • Durandus de Glocester.
  • Walterus Giffart.
    • Godescallus.
  • Odo filius Gamelini.
    • Godeballus.
    • Goscelinus.
    • Giraldus.
  • [Page 11]Robertus Gernon alias Greno.
  • Hugo de Grentmaisnil.
  • Willielmus Goizinboded.
  • Picotus de Grentbridge.
    • Girbirtus.
    • Gerinus.
    • Gospatric.
  • A Hugo de Gurnay.
  • Robertus filius Goberti.
    • Godvinus.
    • Grimbaldus.
  • Berengarius Giffart.
  • Gislebertus de Gand.
    • Griffin.
    • Gudmund.
    • B Grimus.
    • Gonovinus.
  • Osbernus Giffart.
H
  • CHAimo Vicecomes de Chent.
  • Ernulfus de Hesding.
  • Radulfus filius Huberti.
  • Eudo filius Huberti.
  • Aluredus Hispaniensis.
  • Hainricus vel Haimericus.
  • D Robertus Hostiarius.
  • Radulfus filius Huberti.
  • Willielmus Hostiarius.
    • Hago vel Hugo.
  • Tibellus Herion.
  • Ilbodus frater Ernulfi de Hesding.
  • Hachebernus alias Hagebus.
  • Radus filius Hugonis.
    • E Herman.
    • Herveius.
  • Eustachius de Huntedune.
  • Drogo de Holdernesse.
  • Godvinus Haldenus.
    • Herbertus.
  • Homines Domini Regis.
    • Comitis de Mellent.
  • F 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
  • HƲgo de Montfort.
  • Goisfridus vel de Magnâ villâ.
  • Galfridus de Magnâ villâ.
  • Robertus Malet.
  • Aluredus de Merlebergh.
  • Radulfus de Mortemer.
  • Willielmus filius Manne vel Magni.
  • [Page 12]Goisfridus Marescallus.
  • Nigellus Medicus.
  • Robertus filius Murdrac.
  • Mathaeus Mauritaniensis.
  • Willielmus de Moion.
  • Gunfridus vel Mauldoit.
  • Humfridus Mauldoit.
  • Robertus Marescall.
  • Turstinus Mantell.
    • 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.
A
P
  • RAnulfus Piperellus.
  • Hugo de Port
    • de Rege &
    • de Episcopo Baio­censi.B
  • Hubertus de Port.
  • Willielmus de Perci.
  • Bernardus Pancevolt.
  • Ricardus Punigiant alias Puniant.
  • Willielmus Peurel alias
    • Peverell.
    • Piperell.
  • Walterus filius Ponz.
  • Drogo filius Ponz.C
  • Ranulfus de Pomerei.
  • Radulfus Paganel.
  • Radulfus Pomerei.
  • Willielmus de Poilgi.
  • Hugo Pincerna.
  • Osbernus Piscator.
  • Walterus Pontz.
  • Erchinger Pistor.D
  • Rogerus Pictaviensis.
  • Theodericus Pointell.
  • Radus Pinell.
  • Herbrandus de Ponte Adomari.
  • Erminius Presbyter.
  • Colebertus Presbyter.
  • Gislebertus Presbyter.
  • Reinbaldus Presbyter.E
  • Godricus Presbyter.
  • Giraldus Presbyter de Wiltune.
  • Godwinus Presbyter.
  • Inichellus Presbyter.
  • Lewinus Presbyter.
  • Aluredus Presbyter.
  • Robertus Piscator.
  • Osbernus Presbyter.F
  • Edmundus filius Pagani.
  • Regis Praefecti.
R
  • GIslebertus filius Richerii.
  • Turstinus filius Rolf.
  • A 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.
  • B Rogerus filius Radulfi.
  • Osbernus filius Ricardi.
    • Richardus.
    • Rainaldus.
    • Restoldus.
  • Robertus filius Roscelini.
  • Rogerus filius Reinardi.
    • Rohais Ʋxor Ricardi.
    • C Raynerius.
  • Roger. de Ramis.
D 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.
  • E Hardvinus de Scalers.
  • Gislebertus filius Salomonis.
  • Willielmus Speck.
  • Walterus frater Seiherii.
    • Siboldus.
  • Nigellus de Stadford.
    • Saisselinus.
  • Hugo de Sancto Quintino.
    • F 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 Ʋxor 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.
    • Ʋlchetellus.
    • Ʋlmarus.
    • Ʋlveva.
    • Vinemarus.
  • Ʋxor Hugonis.
  • Ʋxor Rogeri de Luri.
  • [Page 14] Ʋxor Radulfi Capellani.
  • Ʋxor Hervei de Helion.
  • Ʋxor 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.A
  • 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 B Catalogue with the Catalogue of all the Tenents, 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 it self, ac­cording to their respective Number, whereby he will find, That these were all the Tenents 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.

CDEF

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. 10 [...] A & 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 B 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 C 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 D 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 E 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 F 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, [Page 16] 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,A & 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 B 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, & C 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.D Orate pro nobis & pro statu regni nostri, quia Antecessores vestros di­leximus, & vos prae omnibus sincere diligere & obedienter audire deside­ramus.

Eadm. Histor. Nov. 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.E 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 F 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 [Page 17] 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 A 1080. Order. Vital. fol. 552, &c.

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. Ʋt Rex jussit factum est. Igitur octavo anno Papatus domini Gregorii Papae 7 Celebre Concilium apud B 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, C 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.

D 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, E 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 F eorum videns emendationem, eis 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, [Page 18] & 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.

A

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.

B

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.C

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.D

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.E

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.

F

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.

[Page 19]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 A 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 B 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.

C 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 D 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.

E

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.

F

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.

[Page 20]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 A 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.

B

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,C 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.D 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.

E

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.F

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 [Page 21] 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 & A 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. Ʋt autem omnium nostrorum vota in hanc electionem convenire noscatis, hinc decreto canonico promptissima voluntate singuli Manibus B 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.

C 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 D 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, E & 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 F 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 [Page 22] 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 A 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 B 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,C 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 D 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 E 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 Ambrosius. Merito, inquit, creditur quod divino esset electus judicio, quem omnes postula­vissent. Et post pauca. Ʋbi universorum postulatio congruit, dubitare F 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 [Page 23] Christi dispositione & Ecclesiae indicio praeponendos. Ʋnde 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 A 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. Ʋnde sanctae me­moriae B 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 C 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 D 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 E 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 F 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 [Page 24] 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 A 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 Laicks 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 B 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 C 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.

D

Ʋt etiam Archidiaconatus non dentur ad firmam.

Ʋt Archidiaconi sint Diaconi.

Ʋt 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.

E

Ʋt Presbyter quandiu illicitam conversationem mulieris habuerit, non sit legalis, nec missam celebret, nec si celebraverit, ejus missa audiatur.

Ʋt nullus ad Subdiaconatum aut supra ordinetur sine professione casti­tatis.

Ʋt filii Presbyterorum non sint haeredes Ecclesiarum Patrum suorum.

F

Ne quilibet Clerici sint saecularium praepositi, vel Procuratores, aut Judices sanguinis.

Ʋt Presbyteri non eant ad potationes, nec ad pinnas bibant.

[Page 25] Ʋt vestes Clericorum sint unius coloris, & calciamenta ordinata.

Ʋt Monachi vel Clerici qui ordinem suum abjecerunt, aut redeant, aut excommunicentur.

Ʋt Clerici patentes Coronas habeant.

A Ʋt 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.

B

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 eis licentiam de hoc dare non possunt, nisi de eis quorum ani­marum curam gerunt.

C 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.

D Ʋt fides inter virum & mulierem occulte & sine testibus de conjugio data, sibi ab alterutro negata fuerit, irrita habeatur.

Ʋt 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, E & non ostenderit, ejusdem criminis se participem esse cognoscat.

Ne corpora defunctorum extra parochiam suam sepelienda portentur.

Ʋt 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 F sanctitatis exhibeat.

Ne quis illud nefarium negotium, quo hactenus homines in Anglia so­lebant velut bruta animalia venundari, deinceps ullatenus facere prae­sumat.

[Page 26] 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 A 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 B 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 C factas excommunicare, & quod ideo volebamus cartae committere, ne sub hac occasione & caeteri Principes in Nos inclamarent. Ʋnde 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 D & 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 E 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 F 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 [Page 27] 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 A 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 II 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 B 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 C 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 D & 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 E 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. Ʋnde pro ipso rogo te, cujus hoc mu­nus F 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 [Page 28] 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 A 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 B 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 C 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.D 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 E quidem & benignitate gratias ago. Ʋt 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. Ʋnde 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 F 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.

[Page 29]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 A enim sunt sine Pastore oves, Lupus rapit & dispergit. Iccirco de tua ad eos reversione modis quibus possumus laboramus. Ʋnde 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 B 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, C & 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. Ʋt quid enim peregrinaris, & oves tuae sine Pastore pereunt? Jam apud D 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 E 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 eis, 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 F 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 [Page 30] 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 A 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,B 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,C ut tu credis, excommunicatione absolvimus quam ab antecessore nostro, Sanctae memoriae Ʋrbano 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 D 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 E retulerunt, Cor nostrum vehementius aggravatur, quia non solum nos laeserunt, sed multorum simplicium animas deceperunt, & regem ad­versus charitatem Sedis Apostolicae impulerunt. Ʋnde & 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,F 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, [Page 31] 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.

A

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, B & 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, C 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 D 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 E 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. F 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, [Page 32] & 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, & A 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.B

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 C 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 D 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 E 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 F 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 [Page] 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 A 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 B 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 C 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. D 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, E & 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 F 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 [Page 34] 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 A Pictaviae in denariis. Ganfrido vero filio suo dat in Britannia in denariis medietatem maritagii filiae Comitis Conani, quam ducere debet in uxorem, & postquam concessione Romanae Ecclesiae eam in uxorem duxe­rit, habebit omnes redditus illius maritagii, sicut continetur in Charta Comitis Conani. 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 B 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. Ca­stella 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 C 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 Notingham cum Comitatu, & Castellum de Merleberga cum pertinentiis suis: & in Normannia mille libratas reddituum Ande­gavensium, D & duo Castella 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 E 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.

F

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 A 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 B 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 C 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 D 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 E 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 F 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 [Page 36] 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 A 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 B 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 C 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 D 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.
E

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 F 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, [Page 37] 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 A 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 B 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 C 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 D 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 E sunt, et regiae sublimitatis autoritate firmata.

Capitula.

F

I. Ʋt 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.

[Page 38] II. Ʋt infantes catechizentur, & in ipsis Ecclesiis baptizentur.

Secundo, quod infantes ante fores Ecclesiae catechizentur, & in Sacro fonte in ipsis baptismalibus Ecclesiis baptizentur.

III. Ʋt decimae persolvantur.

A

Tertio, quod universi fideles Christi decimas animalium, frugum, cae­terarumque proventionum, Ecclesiae, cujus fuerint parochiani persol­vant.

IV. Ʋt terrae Ecclesiasticae ab omni saecularium exactione sint im­munes.

In quarto, quod omnes terrae Ecclesiasticae, & earum possessiones, ab B 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.

C

V. Ʋt 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.

D

VI. Ʋt 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.E Et si legitima uxor decesserit, inter ipsum & liberos bipartiri debent.

VII. Ʋt extrema officia mortuis reddantur.

Septimo, ut cum bona confessione decedentibus, & Missarum & vigilia­rum exhibitione, & more sepeliendi, obsequium debitum persolvatur.

F

VIII. Ʋt 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 [Page] 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, A 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.

B 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.

C

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.
D

Hic est finis, & Concordia,Hov. 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 E 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 F 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 [Page 40] 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 A 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, & B 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, & Ni­cholao, C & 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 & D 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 E meâ confirmasse Deo et Sanctae Ecclesiae, et omnibus Comitibus et Baroni­bus, et omnibus hominibus meis, omnes consuetudines quas Rex Henri­cus, avus meus, eis 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 F 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.

A

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, & Iustitias Domini regis, B & 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 C 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 Britanie, Johanne Comite de Augo, Rogerio Comite de D 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 E 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.

F 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.

[Page 42] 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 Iustitia 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. A

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 B juramentum, sed tantum Vadium, et plegium standi Iudicio 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 C 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 Iusticia ejus si extra Regnum fuerit, ut rectum de ipso faciat, & ita ut quod pertinebit ad Curiam Regiam ibidem terminetur, & de eo D 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 E 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 Iustitia Regis. Et si recognitum fuerit ad elemosinam F 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.

[Page 43] 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 A 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 Iudiciis Curiae Regis cum Baronibus, B 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 C & 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 D 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 E 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 perswade him to it, he damn'd most, and only tole­rated F others, as we find it in Labbe's Tenth Tome of the Councils, Col. 1431. C. &c. 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 A 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 Wesneual, & ego W. de Pratell. & ego Johannes de Roboreto, & ego Odo Castel­lanus Beluaci, & ego Nich. de Montegniaco, & ego Thomas de Proai­villiaco,B & 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, C 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,D 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 E 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 F 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.

[Page 45]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, A & 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.

B

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 C 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 D 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 E 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.

F

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.

[Page 46]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 A 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.

B

Mat. Paris, f. 101. n. 50. A. D. 1164.Alexander Episcopus, &c. 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.C 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 ejus (que) meritis con [...]identes; te, ab eo quod est commissum, absolvimus: & D 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 Iusticiis suis Richardo de Lucy & duobus Archidia­conis Galfrido Ridel Cantuariensi Archidiacono, & Richardo de I­velcestria N. 44 Pictavensi Archidiacono & omnibus principibus & populis E 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.

F

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.

[Page 47]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.

A 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.

B Cap. 7. Ʋt Catalla omnium Pape vel Archiepiscopo faventium et omnes possessiones eorum, et omnium eis pertinentium, cujuscunque gradus sint vel sexus vel conditionis capiantur, et Dominica manu Do­mini Regis confiscantur.

Cap. 8. Ʋt 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 C statutum, redditus in manu Regis capiantur.

Cap. 9. Ʋt denarii Beati Petri non reddantur ulterius Apostolico sed diligenter serventur in Thesauro Regis, expendantur (que) 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 D 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.

E 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. F 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.

A

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 B cum minime defendatur opprimitur. Videturque testante Gregorio consentire erranti, qui ad resecanda, quae corrigi debent, non occurrit. Inde 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 C 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,D & 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 E 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 F 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; [Page 49] 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 A 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, Iocelinum de Bailol: qui pravitatum illarum auctores & fabricatores extiterunt. Ra­nulfum B 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 C 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 D 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 E 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.

F

Has litteras misit Henricus Rex Angliae singulis Vicecomitibus Angliae in principio perscutionis beati Thomae.

A

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,B & hoc breve tecum afferas cum summonitus fueris.

Epistola Alexandri Papae, ad Gillebertum Lon­doniensem Episcopum, pro beato Thoma.C

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 D 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 E 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.

F

Epistola Gilleberti Londoniensis Episcopi ad Alexandrum Papam de Responso Regis super negotio Cantuariensis Archiepiscopi.

A

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 B 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, C 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 D 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 E propositi mente 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 mente, totis viribus astiterit, sibi postmodum per nuntios in necessitate recurrenti ad vos, digne pro meritis Sanctitas vestra non respondit. Sed F 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. Inde 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 [Page 52] 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 Iuri 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 A 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, & C Patris nostri Domini Cantuariensis reditum, juxta quod dictum est, se nullatenus impediturum pollicetur. Ʋnde 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,D & 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.E 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,F 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 [Page 53] 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 A ponantur in prava. Ʋnde 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.

B

Epistola Suffraganeorum Cantuariensis Ecclesiae ad beatum Thomam Cantuariensem Archi­episcopum.

C

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 D 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, E 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 F 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 [Page 54] 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 A 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 mente suscepe­rit, ut dominationis suae loca, quae a boreali Oceano Pyreneum usque por­recta sunt, adeo potestati nostrae cuncta subjecerit, ut in his solum hos B 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 C 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 D 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 mente calcavit. Ʋnum nobis timori est, ut quem oblatae divitiae, & totum quod in hominum glo­ria praetiosum est, flectere nequiverunt, animi sui valeat indignatio sola E 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 F 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 [Page 55] 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. A 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, B 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 C 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, D ac nostris laboribus, expensisque parcatis, causamque vestram, in hoc ut remedium habere queat ponere studeatis. Valere v [...]s optamus in Do­mino Pater.

E 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 F 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, [Page 56] 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,A non majestatem praeferens, sed ut filius obediens judicio sistere, legitimeque parere sententiae, seque legibus alligatum principem, praesto est in omni­bus exhibere, filius obediens. Ʋnde 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 B 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 C 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 D 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 E 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 F 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 [Page 57] 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 A 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 B 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 C abyssum iniquitatis & inobedientiae pervolvamur. Compendiosissima quippe via haec est ad omne religionis dispendium, ad cleri pariter populique subversionem et interitum. Ʋnde 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 D 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.

E

Epistola beati Thomae Cantuar. Episcopi ad Gil­lebertum Lundoniensem Episcopum de senten­tia in eum prolata.

F

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 [Page 58] 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,A qui vestra doctrina erudiendus, & exemplis informandus erat ad vitam.

Epistola beati Thomae Cantuariensis Archiepisco­pi ad capitulum Lundoniensis Ecclesiae de vi­tandis B 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 C 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 D 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 E 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. Iocelinus Sa­resbiriensis Episcopus; Comes Hugo, Ranulphus de Broc, Thomas F filius Bernardi, Robertus Ecclesiae de Br [...]c, Hugo de Sancto Claro, Letardus clericus de Norflicta, Nigellus de Saccavilla, Richardus frater Willielmi de Hastinges, qui Ecclesiam nostram de novo Cotona occupavit. Valete.

[Page 59]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. A 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.

B 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 C 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. D 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; E 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 F 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 Iohannem Cumin, & Radul­fum A 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 mente 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 B 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 C 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 D 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,E 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 F 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 A consilio non facile credimus emanasse: nuper ex insperato N. suscepimus. Cujus continentia plus videtur habere mordacitatis, In this R [...] script are [...] ny faults [...] incongru [...] yet seeing [...] they do [...] little alte [...] sense and [...] meaning [...] I have Pri [...] it, as I f [...] it in the A [...] thor. 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, B 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 C 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; D 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. Ʋtinam fratres dilectissimi esset vo­bis affectus in defensionem libertatis Ecclesie, qui paretur E 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. Ʋt 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 mente simplici tamen ista, examinate nego [...]ium, diligenter, attendite F 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, [Page 62] 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:A 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 B 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 C 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. Ʋt 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 D 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?E adversa immo perversa perversitas. Ʋt 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 F donec completa esset iniquitas: revelarentur corda iniquorum, & mani­festarentur cogitationes cordium. Illa tot injuriarum illatio fuit causa appellationis mee: 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 [Page 63] 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. A 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 B 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 C 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 D 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 E 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 F 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 eis inferre. Nolite fra­tres, nolite, jura ecclesie, & regni confundere: discrete quidem sunt [Page 64] 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 A 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 B 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 C 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 D 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 & E 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. Ʋnde si quis homicidium nolens commiserit, & si F 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 [Page] ingratitudinis notam & penam. Sepissime certe beneficium confertur in­vito. Ʋnde 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 A 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. Ʋnde 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 B revocabit a nobis ob ingratitudinem solus ipse beneficium ex quo jure apparebimus ingrati. proponitis nobis periculum ecclesie Romane, 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 Romane. 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 C 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 D 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 E 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 F 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 [Page 66] 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. Ʋnde 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 A 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 B 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 C discretio vestra ne quis vestrum cum eo communicaverit. Calixtus Papa dicit. Excommunicatos quosque a sacerdotibus nullus recipiat ante utriusque partis examinationem justam: nec tamen eis 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 D 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 E 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 F 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: [Page 67] & 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 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. B 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 C 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. Ʋnde si quis non confidentia juste cause, sed causa aufe­rende more, ne contra eum feratur sententia appellaverit hujus appellatio­nem D 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. Ʋt quid non minus est si ipsi E 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: Ʋnum certe scio duorum personam simul gerere recte non po­testis F 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 [Page 68] 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,A 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 B 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 C 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 D 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 E 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 F 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: [Page 69] 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 A 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 B 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, C & 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 D 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 E & 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 F 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.QƲoniam de nostre devotionis ac sinceritatis fervore, dilectione quoque,A 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. Ʋnde 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 B 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 C 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 D 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 E 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 F 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.

A

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, B & 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.

C

Epistola Alexandri Papae ad Rogerum Eboracen­sem Archiepiscopum & Hugonem Dunelmen­sem episcopum.

D

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 E 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 F 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. Inde [Page 72] 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 A 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 B 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 C 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 D 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 E 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.F Ʋnde 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, [Page 73] 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, A 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.

B

Henricus Rex Anglorum Henrico filio suo Regi Anglorum Salutem.

C 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 D habere faciatis. Teste Retroto Archiepiscopo Rothoma­gensi.

EF

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 A & 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 B 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. Iu­ravit 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 C 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 Ierosolymam 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 D 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. Iu­ravit E 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.F

Charta absolutionis Domini Regis.

HEnrico Dei gratia illustri Regi Anglorum,Ibidem, f. 303, a. n. 30. Albertus tituli Sancti A Laurentii in Lucinia, & Theodinus tituli Sancti Vitalis Pres­byteri N. 62 Cardinales 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. Inde 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 B 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, C 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 D 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 & E 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.

F

Decreta per Theodinum & Albertum Cardinales apud Abrincas promulgata.

Ibidem, f. 304. a. n. 10. 1. PƲeri ad Regimen illarum Ecclesiarum & ad illa administranda,A 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.

B

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,C 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.D

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.

E

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.

F

Littera Alexandri Papae de canonisatione beati Thomae Martyris.

A

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 B 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 C 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 patrocinio ejus pro salute fidelium et D pace universalis ecclesiae satagatis apud Dominum, vestris piis oratio­nibus impetrare.

F

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 A 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, & Iohannis 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 B 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 C 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,D 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 E 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 F praedicta redegit in scriptis.

[Page 79]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 A 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.

B 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 C 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, D & commonitus emendare noluerit, excommunicationi sub­jaceat.

Quia quidam clerici desperantes ab episcopis suis ordinari, Ex Diversis Decretis Ur­ban. Innocen­tii. & Concil. Chalcedon & Carthaginen. 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, E 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. F 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, [Page 80] 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.A

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 B 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 C 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.

D

Ex Concilio RothamagensiOmnes 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.

E

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:F 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. [Page 81] 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 A 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.

B 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.

Ʋbi 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, C 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.

D 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 E 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 F 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 [Page 82] 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.A 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,B 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 Castella illa assignabit Rex Scotiae de redditu suo mensurabili­ter ad voluntatem Domini Regis. Fraeterea pro praedicta conventione, C 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 Iohan­nem 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, D et Willielmum de la Haie, et Willielmum de Mortimer. Quando verò Castella 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 E 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 F 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 [Page 83] 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, & Iohanne Salisbiriense Decano, & Roberto Abbate Malmesburiae, & Radulfo Abbate de Mundeburg, & Her­berro Archidiacono Northamtoniae, et Waltero de Constantiis, & Rogero Capellano Regis, & Deberto clerico de Camera, & Ri­chardo A 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, & Iordano 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 B Scotiae juraverunt Domino Regi Angliae, & Henrico filio suo, & haeredibus suis, fidelitatem contra omnem hominem sicut ligiis Domi­nis suis.

C 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 Andegavtae Archiepiscopis, Episcopis, Abba­tibus, Comitibus, & Baronibus, Justiciariis & Vicecomitibus, & omnibus ministris & fidelibus suis totius Angliae, salutem. Scialis nos D 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 E 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; F 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 [Page 84] 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 A 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.

B

Forma Pacis inter Richardum Regem Angliae, & Philippum Regem Franciae.

Hoved. f. 378. [...]. n. 50.QƲod uterque illorum honorem alterius servabit, & fidem ei porta­bit C 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 D in peregrinatione sua. Et Archiepiscopi, et Episcopi firmiter promiserunt in verbo veritatis, quòd in transgressores hujus pacis, et conventionis, sententiam anathematis dabunt.

EF

Clemens Papa Willelmo Eliensi Episcopo salu­tem.

A JƲxta 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 Iohannes Comes Moritoniensis frater ipsius Regis jurisdictionem habet & dominium, auctoritate duximus Apostolica committendum. Dat. Laterani Non. Junii Pontificatus nostri anno iii.

B

Richardus Rex Anglorum omnibus fidelibus suis salutem.

C

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.

D

Charta Richardi Regis Angliae de statutis illo­rum qui per mare ituri erant.

E 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 F 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 A 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, B 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 C 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 D 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 E 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.

F

Forma Pacis inter Cancellarium, & Johannem Comitem Moretonii.

A 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 Notin­gham, quae ceperat, reddidit domino Regi per manum Domini Rotho­magensis, tradenda custodiae Willielmi Marescalli, & Willielmi de B Wendewal: scilice [...] Willielmo Marescallo castellum de Notingham, & 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 C 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 D 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 E 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 Iusticiarum, vel ministrorum Domini Regis de terris, & caballis suis dissaisientur, sed Iudicio 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 F ad petitionem praedicti Comitis, per Dominum Rothomagensem, si in Anglia fuerit, & per Justicias Domini Regis, & per eos, qui pacem juraverunt, emendabitur: & similiter Dominus Iohannes 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 [Page 88] 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 Iohannes 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 A 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, B 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 C rex ante adventum suum hanc concordiam teneri noluerit, praedicta ca­stella de Notingham & Tikehil Domino Iohanni reddentur, quicquid Dominus Rex inde praecepit.

BE it known unto all Men unto whom this present Writing D shall come, That the Controversie between the Earl of More­ton and the Chancellor by the Mediation of the Arch-Bishop of Ro­ven, the Bishops of Durham, London, Winchester, Bath, Rochester and Coventry, and other of the Kings Liegemen, was compounded upon these Terms.

That the Castles of Notingham and Tikehill which the Earl had ta­ken should be restored to the Arch-Bishop of Roven for the Kings E use, and that Notingham should be kept by William Marshall, 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 Judgment, of the Arch-Bishop of Roven, and other the Kings Servants, (et aliorum familiarium Regis) That is the Justices, F and of his Court, Then without Delay those Castles shall be Restored to him.

[Page 89]Also the other Castles belonging to the Honors give him by the King, which were in the keeping of the Kings Liegemen. That is Wallingford in the custody of the Arch-Bishop of Roven, Bristou of the Bishop of London. The Castle of Pec of the Bishop of Coventry. B [...]lsover of Richard del Pec. The Castle of Ey of Walter Fitz-Robert, The Castle of Hereford in the Custody of Earl Roger Bigod. A The Castles of Ecester and Launceston of Richard Revel, who were all sworn to keep them faithfully to the Kings use, and if he should die to render them to Earl John.

Also the three Castles belonging to the Kings Crown; Wind­sor was to be delivered to the Earl of Arundel, The Castle of Win­chester to Gilbert de Lacy, and Northampton to Simon Pateshul, faithfully to be kept for the Kings use.

B

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 Kings Mi­nisters, but by the Judgment of his Court, according to the lawful C [...]stomes and Statutes of the Kingdom, or by the Kings Mandate, and the like the Lord Iohn shall cause to be observed in his Lands and possessions, and if any one presumes to do otherwise, at the Request C of the Earl he shall be punished or fined by the Arch-Bishop of Roven, if in England, and by the Justiciaries, and such as have been sworn Conservators of the Peace, and in like manner the Lord John shall punish and fine at their Request.

The New Castles which have been built or begun since the King went beyond Sea were to be Demolished, nor any other to be ray­sed, any where, unless it should be thought fit to do it upon the D Kings Demeasnes, unless some famous person might do it by the Kings Command signified by his Brief or Letters, or an unsuspected Messenger.

The Re-Scisin of the Sherifwic of Lincoln-Shire shall be given to Gerard de Camvill, and the same Day, he shall have a time set, of standing to the Judgment of, or appearing in the Kings Court, and if it could be made appear he was to lose the Sherifwic of the Ca­stle E of Lincoln by the Judgment of the Kings Court, he was to lose it; if otherwise he was to keep it, unless some other Agreement could be made.

Neither was the Lord John to protect him contrary to the Judg­ment of the Kings Court, nor receive any Out-Laws, nor any of the Kings Enemies which were named to him, or permit them to be received in his Lands. But if any one was accused of any forfei­ture F made to the King, the Earl might lawfully receive him, so long as he offered himself to stand Tryal, in the Kings Court.

The Earl and Chancellor putting their own hands within the hand of the Arch-Bishop of Roven gave security for the observation of this Agreement in good faith, and without any evil Artifice, and four­teen Barons of both parts sware the same. On the Chancellors part, the [Page 90] Earl of Arundel, the Earl of Salisbury, Earl Roger Bigod, the Earl of Clare, Walter Fitz-Robert, William de Braiosa, Roger Fitz-Rainfrai. On the Earl's part Stephan Ridel his Chancellor, William de Wenneval, Robert de Mara, Philip de Wirescestre, William de Kahannes, Gilbert Basset, William Montacute; and if any thing should be taken, or inter­cepted by either party during the Truce, it should be lawfully restored, or Satisfaction given for it.

These things were done saving the Kings Authority and Command in all things; yet so, as if the King before his Return was not satisfied A with this Agreement, the Castles of Notingham and Tikehil should be delivered to the Lord John, whatsoever the King should command concerning them.

B

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, C N. 76 et Comes Andegaviae, Alienor eadem gratia Reginae An­gliae charissimae matri suae, et Iustitiis suis, et omnibus fidelibus suis per Angliam constitutis, Salutem. Notum sit Ʋniversitati 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 D 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 E marcarum argenti solverimus. Quare vos rogamus, et in fide, qua no­bis tenemini, adjuramus, quatenus in hac pecunia perquirenda solliciti sitis, et vos Iustitiarii nostri, qui aliis in regno nostro praeestis, exem­plum aliis praebeatis: ut ita honorificè et magnificè de proprio nobis sub­veniatis, et etiam de his, quae de aliis mutuo accipere poteritis, et aliis fi­delibus nostris exemplum detis similia faciendi. Universum autem au­rum, et argentum Ecclesiarum diligenti Observatione, et scripti testi­monio ab ipsarum Ecclesiarum Praelatis accipiatis: eisque per Sacra­mentum F vestrum, et aliorum Baronum nostrorum quos volueritis, affirmetis, quod eis plenarie restituentur. Ʋniversorum 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 [Page 91] 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, & A 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 B bulla autem Domini Imperatoris aurea fert vobis Cancellarius noster praedictam testificationem. Testibus nobis ipsis apud Hagennou, 13 Cal. Maii.

C 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.

D

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 E respondeant de omnibus Capitulis de toto Hundredo, vel Wapen­tacco.

Capitula Placitorum Coronae Regis.

F 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 [Page 92] 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 & eis consentientibus.A Item de Falsonariis. Item de interfectoribus Iudaeorum, qui sint; & de vadiis Iudaeorum 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.B Item de omnibus auxiliis datis ad redemptionem Domini Regis, quis quantum promiserit, & quantum reddiderit, & quantum à retro sit. Item de fautoribus Comitis Iohannis, qui finem cum Domino Rege fecerunt, & qui non. Item de Catallis Comitis Iohannis, 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 Iohan­nis, de Dominicis, & Wardis, & exhaetis, & de donis suis, & qua C de causa data sunt ei illa dona, & omnia dona Comitis Iohannis 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 D 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 Iusti­tiarius in Vicecomitatu suo, nec in Comitatu, quem tenuerit post pri­mam Coronationem Domini Regis. Praeterea tailleantur omnes Ci­vitates, & Burgi, & Dominica Domini Regis: Iusticiarii vero no­minati, una cum baillivis Willielmi de Sanctae Mariae Ecclesia, & Gaufridi Filii Petri, & Willielmi de Chimelli, et Willielmi Bruere, E & 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 F partes singulorum Comitatuum in itinere praedictorum Iusticiariorum, 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, [Page 93] 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, A 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, B 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, C 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 D 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.

EF

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.

A

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 Free-men, so as those Twelve together may answer B to all the Articles which concern that Hundred or Wapentach.

Articles of Pleas of the Crown.

C

THe Justices shall inquire and determine New and Old Pleas of the Crown, and all such as were not determined before the Kings 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 Kings 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 Te­ [...]ant without [...]eirs. Escheats what they were, and had been since the Kings Expedition to Jerusalem; and what were then in the Kings Hands,D and whether they are now in the Kings 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 Kings Gift; Also of Wardships of Children, and Young Men that belong to the King. Also of the Marriages of Maidens and Widows that belong E 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 Kings Hands; and those that were present at the Killing or Murthering of the Jews, and have not made Fine or Composition with the King, or his Justices, F let them be taken, and not delivered but by the King or his Justices. Also of all Ayds 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 Iohn and his Favourers, which are not yet converted to [Page 95] the Kings use, how much the Sheriffs and their Bayliffs have received, and whether any one hath bribed them contrary to the Antient Customs of the Kingdom. Also of all the Lands of Earl Iohn, 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 Kings Hands, unless such as the King confirmed to him. Also of the Debts and Fines due to Earl Iohn, and for what cause due. A They were all to be required for the Kings use. Also of Ʋsurers that were dead, and their Goods. Also of Wines sold contrary to the As­sise, 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 (a) Great Assises which were of Land worth an Hundred Shillings a year and under. Also of Defaults, (that is, non-appearances in Court, chiefly at a day assigned.) Furthermore, they were to choose, or see B 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 Justitiary in his own County, nor in any County he held since the first Coronation of the King. Furthermore, all Cities, Burghs, and the Kings Demeasns, were to be Taxed by the Iustices Itinerant. The Justices (b) named, together with the Bayliffs of William of the Church of Saint Mary, and Geofry Fitz-Peter, and William de Chimelli, William Bruer and (c) Hugh Bardolf, and the C 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 Kings Ward-Lands, and Escheats, and improve them to the Kings 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 D 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 Kings 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 Kings E Business, as it might best be done for his profit. And they were di­rected to (d) stock the Ward-Lands and Escheats with the Issues and [Page 96] Profits of them until Michaelmass, and if that was not sufficient, what Wanted, was to be supplyed out of the Kings 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 altho, 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,A Forfeitures, &c. 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 Kings stock, freely without Diminution, and they shall have the letters patents of the Arch-Bishop (as chief Justice) conteining the Tenor of the Kings 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. Assise or Constant Rent in every B Maner of the Kings Demesns, and the value of all things upon those Ma­ners, and how many Ploughlands or Caracates they conteined, and what their value, non-estimating them at 20 s. only, the Plough-land; 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 plough-land, and what stock every Maner would maintein, and clearly and distinctly to put them in C 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 Wooll 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 D 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 Kings Hands, that they might be taken into his possession, and ordered as the others.

E

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 F 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, [Page 97] & 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 A 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 B 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 C Justitiarum Domini Regis, sicut venire debent, & si quis sit qui non venerit, quis ille fuerit, & qualiter nominatus fuerit.

Assisa Domini Regis de Forestis.

D

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 E 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 F 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 [Page 98] 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 A 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 B 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 C 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 D 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,E 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.F 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 A Crown New and Old which were not determined before the Kings Justices. And all (a) Assises, Death of Ancestors, Novel Disseisins, and of great Assises 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 tryed) 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 Kings Gift, who gave them, and who had them, and what their value. B Of the Kings Escheats, their value, who had them, and by whom. Of Ladies, Young Gentlemen, and Women, which were or ought to be in the Kings 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 License to Marry themselves, and the Fine to be taken to the Kings use. Of the Kings (b) Serjeanties, who hath them, and from whom, and their value, and who of them contributed C toward an Aid to the King, and who not, and let the Fine or Compo­sition for the Aid be taken to the Kings use. Of the Ʋsury of Christi­ans, and of their Goods, and what (c) Usurers were dead. Of those that were in the Kings Mercy and were not amercied, or fined. Of (d) Pur­prestures, or the Kings Ways streightned. Of Tre [...]sure found. Of Ma­lefactors, and their Receivers. Of Fugitives who had been accused, and were returned since the last Assise. Of all Weights and Measures, and Ells renewed, and if (e) Four Men that were appointed to look D after them in every Town (that is, City, Burgh, or Mercate Town) had done as the Statute required, and had attached or prosecuted the Transgressors or not: if not, they were to be punished as the Trans­gressors. All his Wine, that sold contrary to the Assise or Statute, was to be seised to the Kings use, and the Owners and Sellers of the Wine were to be in the Kings Mercy, (that is, to be punished by him.) They were to inquire how many Hydes and Plough-Lands there were in every County, and whether the Officers appointed to assess and collect E the five Shillings upon every Plough-Land had done their duty, and had received it of all, or concealed any. Of the Officers of Sea-Ports, 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 Kings Justices, and what they were that came not, and what their Names.

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[Page 100] 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 Nevill, Chief Justice of All the Forests in England, Hugh Wac, and Ernis Nevill, That in every County through which they went They should Summon to appear before them at the Pleas of the Fo­rest,A the Archbishops, Bishops, Earls, Barons, and all Free Tenents, and the Reeve, and Four Men of every Town to Hear the Kings Commands.

This is the Assise of the Lord the King, and these are his B 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 C 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 Grand­fathers 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 D of his Wood, nor do Wast in his Forest, But he Grants, that any Man may take of his own Wood, as much as he shall have need of, without wast, 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 Silva Saltus, &c. 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 E of Knights or others, which have Woods within the Bounds of the Kings 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 F 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. Green-hue 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 [Page 101] 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 cattel into them) within the bounds of his Forest, before their own Woods were agisted. And it is to be noted that the Kings Agistment (or right of feeding Catrel in the Woods and Forest) begins fifteen days before Michaelmass, and continues fifteen days Here must be some mi­stake, but how well to recti­fie it I know not. after. Also the King Com­mands, A 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 B the Forest, should be viewed once in three years, and in like manner all purprestures and Wasts in Woods, and that every one should be in rolled by it self. 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 Do's Fawn. Foineson, or Faoneson, from the French Faon, a Fawn. Foinesun; that is to say, C fifteen days before St John Baptist, and fifteen days after; and 'tis to be noted that he which takes Venison in the Kings Forest, and shall be thereof attainted, shall be in the Kings Mercy as to the losing of his Eyes and Testicles, and he that offended in the Kings Forest, in the Green-hue 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 D Water-Courses, erecting sheep Coates or lodges, or other houses, by mowing Hey beyond the Hedges and Ditches, shall be in the Kings mercy for his Goods, unless he hath the Kings Verders or Foresters to warrant him. In like manner he that carried Bowes and Arrows, or Dogs uncoupled thorough the Kings Forest, and was thereof attain­ted, was in the Kings 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 E were sown since the last review, and with what Grain. The new Es­sarts were to be taken into the Kings 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 yeild the King six pence for that Crop.

F
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 A 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.

B

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 C 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.

D

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.E

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 F 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 [Page 103] 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.

A

Epistola Galfridi de quadragesimâ parte redituum colligenda, in Subventionem terrae Sanctae.

B 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 C 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. Ʋnde 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 D partem valoris cujuslibet villae suae, sicut posset poni ad firmam per annum. Et si in eadem villa fuerint per servítiùm 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 E 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 F 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, [Page 104] 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.

A

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 B 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 C & 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 D 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 E & 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.

F

[Page 105]SAnctissimo Patri & Domino Innocentio Dei gratia summo Ponti­fici, Johannes eadem gratia Rex Angliae, &c.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 A 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.

B REx omnibus, &c.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; C 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 D 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 E 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 F 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, &c. Et vobis praecipimus quod eis de hoc tanquam no­bis sitis intendentes. Teste me ipso apud Northampton. xvii die Februarii.

[Page 106] [...]at. Paris, [...]. n. 10. INnocentius Papa tertius, Iohanni Regi Anglorum, &c. 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 A 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,B 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, &c. Nihil est autem quod Regem magis oportet habere. Ʋnde Rex ille pacificus Salomon, solam à Domino sapienti [...]m postulavit, ut populum sibi C 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 Sion.

D

[...]at. 9. Johan­ [...]is Regis, M. 3. [...]. 22.REx, &c. 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 E 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.

F

Pat. 9. Johan. Regis, M. 2. n 7REx, &c. W. Londoniensi Episcopo, &c. 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.

[Page 107]REx Fulconi de Kantilup et Reginaldo de Cornhul, &c.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 A 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.

B

REx omnibus hominibus totius Kantiae, &c.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 C 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.

D

REx, &c. 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 E 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.

F

REx H. de He was She­riff of Hamp­shire. Claus. 9. Jo­hannis, M. 3. Nevil, &c. 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.

A

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 B 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 * Crotiae habent de dono suo, & Priorum seu cujuscunque do­mus religiosae si sit de dono suo, quia ipse Domino Regi inde respondebit.

C

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 D 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.

EF

[Page 109]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.

A

This Writ hath no particular Direction to any Person, but probably it might be to Hen. de Nevill, 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. Dors. B Archiepiscopos, Episcopos, Abbates, Priores & omnes viros Re­ligiosos, & omnes Clericos vendere blada sua per * summas, usque ad N. 94 festum Sanctae Catharinae.

C

JOhannes Rex Angliae, &c. 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 D 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 E 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.

F

JOhannes Dei gratia Rex Angliae, omnibus praesentes literas inspecturis,Mat. Paris, f. 235. n. 10.20. &c. 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 [Page 110] 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 A 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 B 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 C 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 D & 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.E 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 F 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 [Page 111] & 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 A 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 B 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.

C

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 D 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 E 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 F 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 [Page 112] mandati Apostolici perficietur. Et in hujus rei testimonium, &c. 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.

A

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,B 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 C 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, &c. Valete in Domino. Haec autem omnia supradicta nos firmiter observatu­ros, D 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.

EF

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 A 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, B 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 C 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: D 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 E 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 F 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 [Page 114] 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 Cleopa­trae. E 1. INnocentius Episcopus Servus Servorum Dei Charissimo in Christo filio A Johanni illustri, Anglorum Regi, ejusque de suâ Ʋxore, 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 Ʋniversis, quem suum in terris Vicarium Or­dinavit,B 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,C 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, D 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. Ʋniversitati vestrae per hanc Chartam nostram sigillo nostro munitam volu­mus E 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 F 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 [Page 115] 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 Ʋxore nostrâ in perpetuum Obligantes, ut simili modo summo Pontifici qui pro tempore fuerit, et Ecclesiae Romanae, sine contradictione debeant fidelitatem prae­stare, A 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 B 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 C 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 D 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, &c. xv die Maii anno regni nostri xiiii. Nos autem oblationem et Concessionem hujusmodi piè ac E 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 F 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.

[Page 116]

[figure]

A

B
  • 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.C
  • Ego Guido Johannis Nichol. in Carcere Tullo. Diaconus Car­dinalis.
  • Ego Octavianus Sanctorum Ser­gii & Bachi Diaconus Card.
  • Ego Johannes Sanctorum Cosmae & Damiani Diaconus Cardi­nalis.D
  • Ego Angelus Sancti Adriani Di­aconus Cardinalis.
  • Ego Petrus Sanctae Mariae in A­quiro Diaconus Cardinalis.
  • Ego Bicinus Sancti Georgii Dia­conus Cardinalis.
E
Dat. Laterani per manum Rainaldi Acolyti & Capellani Domini Inno­centii Tertii Papae i. e. 4 No­vembris. ii Non. Novembris Indictione Secundâ, Incarna­tionis Dominicae M. C. C. XIII. Pontificatûs vero ejusdem Domini Inno­centii Anno Decimo sexto.
F

JOhannes Dei gratia, &c.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 A 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 B 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 C 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 D 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 Iusticiariis libertati­bus & regali [...]us nostris. Quae omnia sicut supradicta sunt rata vo­lentes esse perpetuo & firma obl [...]gamus nos et Successores nostros contra E 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 F 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 [Page 118] 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 Gray 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 A 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.

B

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, &c. 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,C 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.

DEF

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, &c.

N. 102

Henricus Dei gratia Rex Angliae Hugoni de Boclande Justiciario An­gliae, A & 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 B 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 C 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 D 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. E 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.

F

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.

[Page 120]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. A

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,B 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. C

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.D

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 E 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 Kings Command were kept as a Record or Monument in some one Abby 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. &c.

F

REx Vicecomiti Somerset, & Dorset, &c.Rot Pat. 15. Johan. p. 2. M. 8. Dors. 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 A 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 Kings 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, B 31 Die Augusti.

And then there were these Inquisitors appointed in every Bishoprick.

in Archiepiscopatu Cantuar.
  • Galfridus fil. Petri Comes Essex.
  • Simo de Pateshull—
in Episcopatu Wintoniensi.
  • Willielmus Briwere
  • C 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
  • D Robertus Pikot
  • Robertus de Burnvill
in Episcopatu Wigornniensi.
  • Petrus silius Herberti
  • Willielmus de Ardern
in Episcopatu Bathoniensi.
  • Robertus de Berkeley
  • Osbertus filius Willielmi
  • E Rogerus de Penton
in Episcopatu Cestrensi.
  • Thomas de Estleg
  • Willielmus de Waur.
in Episcopatu Norwicensi.
  • Galfridus de Aumbly
  • Willielmus fil. Rocelini
  • F Philippus de Burnham
in Episcopatu Landa­vensi.
  • Richardus Flandrensis de Glamorgan.
  • Walterus Culye —
in Archi-Episcopatu Eboracensi.
  • Jordanus Foliot
  • Johannes de Birkin
in Prioratu Cantuariensi.
  • [Page 122]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.A
  • Jacobus de Poterna
in Episcopatu Lincolniensi.
  • Radulphus de Neunamul
  • Thomas de Muleton
  • Alexander de Pointon
in Episcopatu Herefordensi.B
  • 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 C
in Episcopatu Roffensi.
  • Galfridus de Sundernesse
  • Richardus de Valle Bedonis
in Episcopatu Dunholmensi.
  • Rogerus de Andree
  • Walterus de Monasteriis
D

Ibid. M. 7. Dors.REx Galfrido de Aumbly, Willielmo filio Roscelini, & Philippo N. 104 de Burnham, &c. 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 E 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.F

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.

CƲm non possit Ecclesiis Domini melius provideri,Mat. Paris, f. 247. n. 30. quam si eis 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 A 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. B 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. Dors. Sciatis quod sani Dei gratia et incolumes apud Rupellam appli­cuimus, C 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 Iohannes 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 D 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 E 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.

F

Mat▪ Paris, f. 249. l n. 2, INnocentius Episcopus, &c. Venerabilis frater noster Johannes Nor­wic [...]nsis Episcopus, & dilectus filius noster Robertus de Marisco N. 107 Archidiaconus Northanhumbriae, & Nobiles vtri 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, & A gravi p [...]riculo animarum, expedi [...]bat quàm plurimùm tam Regno quam Sacerdotio ut sine dilatione relaxetur sententia interdicti. Ʋnde 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, B & 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, C 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, D 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,E 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 F 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 [Page 125] 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 A 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 xvi. Coram Magistro Pandulfo 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 B Alani & Walteri Clericorum Domini Cantuariensis Archiepiscopi, Reginaldi de Pontibus Senioris, Pagani de Rupeforti & Thomae de Erdinton.

WIllielmus Comes de Ferrariis Omnibus presens scriptum visuris C salutem in Domino.Pat. 16. Jo­hannis, parte primâ, M. 17. Dors. 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 D 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 E 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.

F

Pat. 15. Jo­han. parte secundâ, M. 8. Intus.REx venerabili Patri in Christo Stephano Dei Gratiae Cantuariensi Archiepiscopo, &c. Johannes eâdem gratia Rex Angliae, &c. 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, &c. Decimo Quinto.

These Letters Patents bear date the same day with the Resignation A 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. Dors.OMnibus Christi fidelibus ad quos presens scriptum pervenerit E. Dei N. 111 gratia Abbas et Conventus R. Salutem in Domino Ʋniversitati B vestre notum esse volumus quod Dominus noster Johannes Dei gratia Rex, &c. 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 xvi. Et in hujus sue plene satisfactionis & nostre quiete clama­tionis robur et Testimonium presenti scripto Sigillum Capituli nostri, duximus apponendum.

C

King JOHN's Great Charter, as 'tis to be found in Matthew Paris, Fol. 255. N. 50. Compared with the Manuscript in Bennet Col­ledge D Library, and Translated and Divided into Articles or Chapters.

JOhannes Dei gratia Rex Angliae, Archiepisco­pis & Episco­pis, &c. in a Manuscript Book of Laws in Corpus Christi Coll. Library in Cambridge. &c. 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 E 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 F 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.

[Page 127]JOHN, By the Grace of God King of England, &c. To the Arch­bishops, Bishops, &c. 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, Primat of all A England, and Cardinal of the Holy Roman Church, Henry Archbishop of Dublin, William Bishop of London, Peter of Winchester, Jocelin of Bathe and Glastonbury, Hugh of Lincoln, Walter of Worcester, William of Coventry, Benedict of Rochester Bishops; And Master Pandulph the Popes Sub-Deacon, and ancient Servant, Brother of the Master of the Temple of England, and the Noble Persons, VVilliam Mareschal, or Marshal Earl of Pembroke, VVilliam Earl of Salisbury, VVil­liam Earl of VVarren, VVilliam Earl of Arundel, Alan de Gale­wey B Constable of Scotland, VVarin 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, Iohn Marshal, Iohn Fitz-Hugh, and others our Feudataries or Liegemen; Have first of all, Granted to God, and by this our present Charter Confirmed for Vs, and our Heirs for ever.

C 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.

D

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 obteined the Confirmation of it, from Pope Inno­cent the Third, before the Discord between Vs and our Barons was of our meer Free Will. Which Chart of Freedom, we shall Observe, E 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 Vs and our Heirs for ever, All the underwritten Liberties to F Have and to Hold to them and their Heirs, of Vs 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 [Page 128] 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 Antient Relief: That is to say, the Heir, or A 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 Knights Fee, an Hundred Shillings; and he that oweth less, shall give less, according to the Antient 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 B 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 C 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 D & 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 E 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 Tenents, 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 Tenents, of that F Fee, who in like manner shall be answerable to us, as hath been said.

[Page 129] 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 A quod custodiae hujusmodi vendi non debent.

But the Warden so long as he shall have the Wardship of the Land, shall uphold and maintein 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 least whatever he received. All these things shall be observed in the Custody or Wardship of vacant B Archbishopricks, Bishopricks, Abbies, 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 C 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, D 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.

E 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 Messuage, 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 F 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 indowed with less at the Church-Door.

[Page 130] 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 her self, 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,A 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 B ad solutionem debiti.

But we, or our Bayliffs (i. e. Officers) will not seise 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 satisfie 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. C

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 D of the Debt, not having wherewithal to satisfie it, or will not satisfie it when he is able, then 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 shew himself discharged thereof, and the Payment of it undertaken by the Sureties.

XII. Si quis mutuo acceperit aliquid à Judaeis, plus vel minus, & mo­riatur E 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 F Debt falls into our Hands, we will take only the Chattel conteined 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 [Page 131] 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 Iews, his Wife shall have her Dower, and pay nothing of that Debt: And if the Defunct left Chil­dren A 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 Iews shall be satisfied.

XIV. Nullum Scutagium vel auxilium ponam in regno nostro, nisi per commune consilium Regni nostri, nisi ad corpus nostrum redimendum, & B 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 Ayd.

C

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 Ayds 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.

D

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 [...], E 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 Ayds, or shall send their Representatives, or Commissioners to the Common Council of the Kingdom for the Assessment of their Ayds, otherwise than in the three Cases aforesaid.

XVII. Et de Scutagiis assidendis, submoneri faciemus Archiepiscopos, F Episcopos, Abbates, Comites & Majores Barones regni singillatim per li­teras nostras.

And for the Ass [...]ssing 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.)

[Page 132] 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 Bayliffs, All others which hold of us In Capi [...]e at a cer­tain A 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.

B

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.C

We will not for the future grant to any one, That he may take Ayd of his Free-Men, 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 Ayd.

XXI. Nullus distringatur ad faciendum majus servitium de feudo mlli­tis, nec de alio libero tenemento, De est ver­bum quam. quod inde debetur.D

No Man shall be distreined to perform more service for a Knights 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 E 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. Tryals 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 F 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 Tryals, 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 [Page 133] 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 Tryals or Assises, 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, A are referred to our Justices of the Bench.

XXIV. Assisae de ultima praesentatione Ecclesiarum, semper capiantur coram Justiciariis de Banco, & ibi terminentur.

Assises of the last Presentation of Churches, shall always be taken be­fore the Justices of the Bench, and there determined.

B 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 Lively­hood, 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 Livelyhood; and after the same manner a Mer­chant, saving his Ability to Trade or Merchandize.

C

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 Villan (i. e. a Rustic or Husbandman) other than ours, shall be amercied after the same manner, saving his Ability to Till his Land, D 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 E 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 F 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 antiently and of right they ought to do it.

[Page 134] 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.

A

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.

B

All Counties, Hundreds, Wapentachs, and Trihings, shall stand at the Old Farm, without any increase, except our The Sheriffs anciently used to let, and ma­nage the Kings Maners, 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 non ought not to be here. non de debito quod defunctus nobis debuit: liceat Vicecomiti vel Ballivo nostro attachariare & imbreviare catalla defuncti inventa in laico C 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 Lay-Fee dies, and the Sheriff or our Bayliff shews our Letters Patents of Into the Exchequer. Summons concerning the Debt D due to us from the Defunct, it shall be lawful for the Sheriff or our Bayliff to Attach and Register the Chattels of the Defunct found upon his Lay-Fee 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. E

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. F

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.

[Page 135] No Constable of a Castle, or Bayliff 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.

A 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 hindred by any reasonable Cause.

B 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.

C 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 D 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, &c. 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 E be taken by our Officers; neither shall We or our Officers, or others, take any other Mans 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 F one year and one day, and then they shall be rendred 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 Weres for the future shall be destroyed in the Rivers of Thames and Medwey, and through all England unless upon the Sea-Coast.

[Page 136] 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 Free-Man may lose his Cause, or rather his Court, (Ʋnde liber homo possit amittere This Writ seems to have been such, as would take the Cause or Tryal of Right out of the Lords Court, where all Ti­tles of Right were antient­ly Tryed; and this Liber ho­mo was a Lord of a Maner that was in danger to lose his Court by this Writ, by having Tryals of Right taken from it. Curiam suam) in MSS. Collegii Corp. Christi Cantab.A

XLIII. Ʋna 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:B And one Breadth of Dyed Cloaths, and Russets, and Haberjects; that is to say, Two Ells 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.

C

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 denyed.

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 D 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 Burgage, 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 Mans Fee, by reason of what he holds of us in Fee-Farm, Soccage, or Burgage. Nor will we have the Wardship or Custody of that Fee-Farm,E Soccage, or Burgage, 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.

F

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.

[Page 137] No Bayliff 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 A 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 Out-lawed, or Ba­nished, or any way destroyed, nor will we pass upon him, or commit B him to Prison, unless by the Legal Judgment of his Peers, or by the Law of the Land, (i. e. by Legal Process, &c.)

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.

C

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 publickly prohibited, shall have safe D 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 antient 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 E 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 Justi­tiary, how our Merchants are dealt with in that Nation in War with F 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.

[Page 138] 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 Out-Laws, (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,A Bononiae, Lancastriae, Notingham 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.

B

If any Man holds of any Escheat as of the Honor 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 Vs in Capite in ano­ther C 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 D come before our Justices of the Forest upon Commune Summons, but such as were concerned in the Controversie, 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,E 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 Free-Man for the future shall give or sell any more of his Land,F 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.

[Page 139] All Patrons of Abbies, 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, A 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.

B 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 C & habere consuevit tempore Henrici Regis avi nostri, vel quas postea adquisivit.

Neither any Sheriff, nor his Bayliff shall keep his Turn oftner 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 D 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 obteined 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 E 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 F 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.

[Page 140] 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 A 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.

B

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. C

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 D tam ecclesiasticis personis quam soecularibus, libertatibus & liberis consue­tudinibus, quas prius habuerunt. His testibus, &c.

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, &c.

EF

King JOHN's Charter of Forests, as 'tis to be found in Matthew Paris, Fol. 250. N. 40. Translated and Divided into Articles or A Chapters.

JOhannes Dei gratia Rex Angliae, &c. 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 B Angliae in perpetuum.

JOHN, by the Grace of God King of England, &c. 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 C 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.

D

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 disforested: 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.

E

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 F not upon Common Summons appear before our Justices of the Forest, unless they shall be concerned in the Controversie, 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 Disforested, unless they are our Demeasn Woods.

[Page 142] 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.

A

The Archbishops, Bishops, Abbats, Priors, Earls, Barons, Knights and Free Tenents, 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. Incroachments upon the Kings Lands, Highways, &c.) Wastes, and Assarts, (i. e. stubbing up Wood, clearing the Ground,B 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.C

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,D & 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 E 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 Oxe was ta­ken of him whose Dog was found un­lawed. Oxe shall be taken for Lawing, and such Lawing shall be according to the Common Assise or Establishment, so as three fore-Claws of the Dogs Foot shall be cut off, or the Ball of his Foot cut out. For the Future Dogs shall not be Lawed, unless in such F 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 [Page 143] 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 A 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 Tenents 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 B 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 oftner than thrice in one year: That is to say, in the beginning of Fif­teen C 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 D 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.

E 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.

F IX. Ʋnusquisque liber homo agistet boscum suum in Foresta pro volun­tate sua; & habeant pannagium suum.

Every Free-Man 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.

[Page 144] 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 A the Hogs of any Free-Man 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 B 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 C 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 D 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.

E

XIII. Ʋnusquisque 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 Free-Man 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 F into Arable, without the Covert in Arable Land, so as it be not to the Nusance of his Neighbour; (i. e. hurt or damage of his Neighbour.)

XIV. Ʋnusquisque liber homo habeat in boscis suis, Aerias accipitrum, spervariorum, falconum, aquilarum & heironum; & habeant similiter mel quod inventum fuerit in boscis suis.

[Page 145] Every Free-Man may have in his Woods the Ayries 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, A 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 B 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 Burthens, for half a year one half peny; C and only of those, that come as Merchants out of his Bayliwick or Li­berty, to buy Ʋnder-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 Burthen, unless in those places, where antiently it was wont, and ought to be taken. But they which carry Wood, Bark, or Coal, upon their Backs to sell, although they get a Livelyhood by it, shall for the time to come pay no Cheminage. For passage through the Woods of other Men no Cheminage shall be gi­ven D 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 Out-lawed for Offences committed in our Forest, from E the time of King Henry our Grandfather, until our first Coronation, may Reverse their Out-Lawries 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 F 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 Governour 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 [Page 146] 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 inrolled, 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,A 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 Laies as Cleres, shall observe as much as it shall appertein to them, to­ward B 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,C salutem. Quoniam inter nos & venerabiles Patres nostros, Stepha­num Cantuariensem totius Angliae Primatem & Sanctae Ecclesiae Romanae Cardinalem, Willielmum Londoniensem, Eustachium Elyensem, Aegidium Herefordensem, Iocelinum 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 D & utiliter in perpetuum providere. Inde 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 E 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,F 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 [Page 147] 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 A Regni nostri decimo sexto.

INnocentius Episcopus, &c.Ibidem. f. 262. n. 40. Venerabilibus fratribus & dilectis filiis uni­versis Ecclesiarum Praelatis per Angliam constitutis. Salutem & Aposto­licam N. 115 B 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 C 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, D 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 E 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 Popes Bull; but for the clearer under­standing of them both, they are here Printed distinctly.

F

Ibid. f. 261. n. 10.CƲm 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 & A libertates quas eis concessimus, & hac praesenti charta confirmavimus, ita scilicet, quod si per nos vel Iustitiarium 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 Iusticiarium nostrum, si fuerimus extra regnum, & proponentes nobis excessum, petent ut sine dilatione faciamus emendari. Et si nos excessum non emendaverimus (vel Iusticiarius noster si fuerimus ex­tra B 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 C 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 D 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 E 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 Notingham, & 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 F 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, [Page 149] & 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 A & 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. Iuratum autem est tam ex parte nostra quam ex parte Baronum, quod haec omnia supradicta, bona B 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.

C REx Stephano Harengod &c.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. Ʋnde 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 D 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, &c. Vobis mittimus. Teste me ipso apud Rimem [...]d dicimo octavo Die Junii Anno Regni nostri decimo Septimo.

E

REx Vicecomitibus Forestariis Warrennarits Custodibus Ripariarum & omnibus Ballivis suis in eodem Comitatu Salutem.Pat. 17. Jo­han. M. 23. Dors. Sciatis pa­cem firmam esse reformatam per Dei gratiam inter nos & Barones & N. 118 liberos homines Regni nostri sicut audire poteritis et inde per Cartam F 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 [Page 150] 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 A 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, &c. Vobis mittimus. Teste meipso apud Runimed de­cimo nono die Junii Anno Regni nostri decimo Septimo.

B

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 C 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, &c. Teste meipso apud Winton vicesimo Septimo die Junii Anno Regni nostri de­cimo D Septimo.

Idem mandatum est Omnibus Vicecomitibus Angliae.

Claus. 17. Johan. M. 21. Dors.HAec est conventio inter Dominum Johannem Regem Angliae ex una E 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 F 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, &c. 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 [Page 151] 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 A 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 B 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.

C

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 D 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, E 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. Dors. n. 3. Venerabilibus Fratribus Stephano Cantuariensi Archiepiscopo Sanctae Romanae Eccl siae Car­dinali F & 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 [Page 152] 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 A 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 B 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, C 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.D

Ibidem, n. 4.INnocentius, &c. 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 E 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 F 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 [Page 153] 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 A 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 B anno Octavo decimo.

REx omnibus ad quos litterae praesentes pervenerint salutem.Pat. 16. Jo­hannis parte prima, M. 3. Dors. n. 2. Sciatis C 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, D 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. &c. eis fieri feci­mus. Apud Windeshore x die Maii, Anno Regni nostri xvi.

E

DOmino Papae salutem,Claus. 17 Jo­hannis, M. 24. vel 32. Dors. 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 F 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 [Page 154] 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,A 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 B 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 C in eos inferret, verum etiam in quantum posset eis resisteret: Ʋnde 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 D 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,E 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: F Ʋnum 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 [Page 155] 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 A nobis videritis expedire inde Statuatis.

Teste meipso
[...]pud Odiham xxix die Maii.
B

INnocentius Episcopus, Servus Servorum Dei, universis Christi fideli­bus hanc paginam inspecturis, Salutem & Apostolicam benedictionem,Ibidem, f. 266. n. 10. & Claus. 17 Johannis, M. 19. Dors. 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 C 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 D 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, E 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 F 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 [Page 156] 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 eis in veniendo, mo­rando, A & 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 B 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 C 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,D absque nostro speciali mandato; quicquam de illo in nostrum praejudi­cium immutare. Ʋnde 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,E non est ausus ipse negare. Ʋnde 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 F 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 [Page 157] & 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 A nullo unquam tempore aliquam habeant firmitatem. Nulli igitur omnino Hominum liceat, &c. 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. Dors. Nobilibus Viris Baro­nibus B Angliae, spiritum Consilii sanioris. Ʋtinam 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 C 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. Ʋnde 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 D 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 E 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, F 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 [Page 158] 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.

A

Ibid. f. 270. n. 40.INnocentius Episcopus, &c. 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 B 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 C 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. Ʋnde 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; D 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 E 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 F pertinuerint, vobis duximus committendum: per Apostolica vobis scripta mandantes, quatenus protinus omni appellatione postposita, procedatis sicut videretis expedire.

INnocentius Episcopus, &c.Claus. 17. Jo­hannis M. 16. Dors.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 A 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 Nov. 4. 1215.no­nas B Novembris Pontificatus nostri anno xviii.

INnocentius Episcopus, &c. 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 C 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 Io­hannem 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 D 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. E 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 F 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, Iohannem Constabularium Ces [...]ríae, Willielmum de Mumbray, Willielmum [Page 160] de Albineto, W. [...] filium ejus, Robertum de Ros. Et W. [...] filium ejus, Petrum de Brus, Rogerum de Cressi, Iohannem 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 Abbat of Re­dinge, and Pandulph. Judicium sententia nominatim expressos, cum complici­bus & fautoribus eorundem, auctoritate Apostolica excommunicatos A 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 B extitit persecutor, excommunicatum publice denuncietis: ac suspensum, graviori etiam poena, nisi congrue satisfecerit, puniendum. Quod si nos omnes, &c. Datum Laterani 16 Decemb. 1215. xvii Calendas Januarii Pontificatus nostri anno decimo octavo.

C

Ibid. n. 40. INnocentius Episcopus, &c. 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 D 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 Iohannis, Willielmum de Tuintuna, W. de Huntingfeld, Alexandrum de Pointuna, R. de Munfichet, R. de E 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 F 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.

[Page 161] H. Dei gratia Abbas Abbendunensis, &c.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 A 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 B 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 C 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 D 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.

E

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 F 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. Dors.OMnibus Christi fidelibus, &c. 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 A Barones Angliae de discordia inter eos orta iidem Barones nobis praesen­tibus et audientibus promiserunt Domino Regi quod quamcunque se­curitatem habere vellet ab eis 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, &c. Sciatis nos astrictos esse per Sacramentum, et homagia Domino nostro Johanni B 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.

C

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 D 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 E 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 Iaeditur Romana Ecclesia; & F 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 [Page 163] 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.

A REx Majori & Probis hominibus Lenn Salutem.Pat. 18 Johan. M. 8. n. 6 [...] Mandamus vo­bis quod per Consilium Fulconis De Oytry, Willielmi de N. 136 Ros, Willielmi Bygod & VVillielmi Gernon Recipiatis in villa Lenn omnes quos videritis esse ad fidem Nostram, Teste apud Divis. 7 Die Junii.

B

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 Nicholao & Roberto fecerint pro pace nostra habenda, & in Hujus, &c. Teste Rege apud Oxon. 4 C Die Sept.

Rex omnibus, &c.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 VV [...]llielmi de Albinio de Fine ejusdem VVillielmi quem Nobiscum fecit pro De­liberatione sua. Et in Hujus, &c. Teste apud Lenn xi Die Octob.

D Rex omnibus, &c.Ibidem, n. 7. Sciatis quod Res & Merchandise quae sunt in Navi quam Radulphus filius VValteri Ducit nostrae sunt quas qui­dem Duci praecepimus usque Grimesby, &c. Teste apud VVysebeth xii Die Octobr.

Rex omnibus, &c. Sciatis quod suscepimus,Ibidem, n. 6. in protectionem & De­fensionem nostram Abbathiam Sancti Edwardi de Saflesbiria cum omni­bus ad eam pertinentibus, &c. Et in Hujus, &c. Teste apud Lifford E 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 VValtero de Montgomery militi, Comiti de Ferrariis, de terra sua in Hondesdon, qualem inde habuit ante Guer­ram, & unde occasione Guerrae fuerit Disseisitus. Teste meipso apud F Newere xvii Die Octobr.

Rex Henrico Belet Salutem.Ibidem, n. 3. Mandamus vobis quod Fidem habeatis hiis quae Savaricus de Malo Leone, VVillielmus 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.

[Page 164] Pat. 18. Jo­han. M. 2.MAndatum est Vicecomiti Lincoln: Quod faciat habere Ol [...]vero N. 138 de Alvinio Terram quae fuit VVillielmi 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 Iohanni de Pavilly totam Terram A quae fuit Rogeri de Crimplesham cum omnibus pertinentiis suis, & ideo nobis Mandamus quod eidem Iohanni 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. B

In this Record the Probi Homines were Ordinary people, for 'tis probable there might be no other in a small Country Village, that were Tenents to the Lord of the Maner. But in Counties, Hundreds, Cities, and great Towns, they always were the ablest most knowing, and best sort of people.

C

Cart. 2. Jo­han. n. 38. JOhannes Dei gratia Rex, &c. 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 Avunculo predicti [...]u­lielmi Habendum et Tenendum sibi et Heredibus suis de nobis et D 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 E 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 F Cantuarie Archiepiscopo R. Sancti Andrei Episcopo, Ranulpho Co­mite Cestriae R. Comite Leycestrie Galfrido filio P [...]tri Comite Essex Gulielmo Briwer Huberto Bardolph VValtero de Lacy Simone de Pateshull Dat. per manum Simonis Archidiaconi Wellensis apud Lincoln duodecimo Die Januarii Regni nostri Anno Secundo.

REx, &c. Meilero filio Henrici, &c. & Baronibus Hibernie, Pat. 6 Johan. M. 1. n. 1. &c. Sciatis quod dedimus & Concessimus Hugoni de Lacy N. 140 pro homagio & servicio suo terram de Vltonia cum pertinentiis suis Habendum & Tenendum sicut Iohannes de Curcy eam tenuit die qua idem Hugo eum in Campo seisivit vel die proximo precedenti Saluis A tamen nobis Crocia signi­fies a Bishops or Abbats Staff. So that saving the Bi­shops and Ab­bats Staves, signifies saving the Donation of the Bishop­ricks and Ab­bies 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 VVin­dlesor secundo die Maii
per Archidiacanum Wigorn.

Meller was Son to Henry Fitz-Henry, Base Son of King Henry the First by Nes [...]a.

B

REx Meilero filio Henrici Iusticiario Hibernie, &c.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 & C 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 D 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.
E

JOhannes Dei Gratia, &c.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 F 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 Iohanne Norwicensi D. VVaterfordensi S. [Page 166] Midensi Episcopis, Meilero filio Henrici Iusticierio Hibernie I [...] ­hanne Mar [...]schal [...]o Philippo de Prendigast David de Rupe Ranul­pho Comite Cestriae Sabero Comite VVinronie R. de Veteri ponte H. de Nevill Gaufrido de Nevill Dat. per manum H. de VVell. Archioiaconi VVellensis apùd VVudestok Octavo Die Novembris Anno Regni nostri nono.

A

Pat. 1 H. 3. M. 16.REx Hugoni de Lacy 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, VVillielmi Co­mitis B de Ferrariis, et aliorum fidelium nostrorum integre vobis restitue­mus licet vero bone memorie Iohannes pater noster in aliquo erga vos deliquerit ipsius delicti debemus esse immunes nec delictum suum ali­quatenus nobis debet imputari. Et in hujus, &c. Quia sigillum, &c. vobis inde mittimus. Teste l. e. Comite Cestriae, his Protector in his nonage. Comite decimo octavo die Novembris anno regni nostri primo.

C

Claus. 2 H. 3. p. 1. M. 6. Dors.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 D autem Clericos inveneris in valliva tua post eundem termi­num inter excommunicatos permanentes, occasione predicta, Capias & salvo Custodias donec aliud inde preceperimus. Quia, &c. Teste Comite apud Stok decimo octavo die Februarii.

E

Claus. 2. H. 3. M. 6. Dors.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 F 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, &c. Teste Comite apud Sturnir. vicesimo secundo die Februarii.

HEnricus dei gratia Rex Anglie, &c.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 A 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 B 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 Arundell. 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, C 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.

D

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. Dors. Nicholaum filium Johannis Travers, Rogerum filium uxoris Anulfi E 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 F 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 [Page 168] 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 A 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 B & 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 &c. Teste H. &c. apud Westm. vicesimo nono die Januarii Anno Regni nostro Septimo.C

Claus. 7. H. 3. M. 14. Dors.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 D 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 E breve. Teste H. &c. apud Westmonasterium tricesimo die Januarii.

F

Pat. 9. H. 3. M. 7. Dorso.

REx Willielmo Basset, Radulpho de Crumbwell,Forma quinte decime assi­dende & coll [...] gende.Willielmo de A 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 Notingham et Dereby in hac forma. Vice­comes noster Notingham et Dereby coram vobis venire faciet omnes Mi­lites Comitatuum suorum die Dominica proxima ante mediam quadra­gestmam apud Notingham ad quem diem eligi facietis quatuor legales [...]tes de singulis Hundredis vel Wapentacis vel plures vel pautiores B 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 Iocalibus vasis urensilibu Lar­dariis C 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 D 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 E 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 F 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 [Page 170] 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 A 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 B 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.

C
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 D 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
E

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 F
ad eund. terminum apud Lewes.
  • Simon de Ethingeham
  • Petrus de Scoteny
  • Willielmus de Alta Ripa
  • Magr. Jocelinus de Alta Ripa Clericus

[Page 171]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
A

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
  • B 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, &c.

ad eundem terminum apud Wi­gorniam.
  • C 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.
  • D Ph. de Wimburn. Clericus

Hugo persona de Waya assignatus est eis Socius, &c.

ad eund. terminum apud Can­tuariam.
  • Will. de Albrincis
  • Henr. de Cobbeham
  • Henr. de Sandwic.
  • Robertus de Aubervill
  • E Jacobus le Salvage Clericus

Thomas de Bendeng postea assignatus fuit eis Socius, &c.

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.
  • F Alex. de Litlebiry Clerici.
  • Ric. de Stapelford Clerici.

[Page 172]Willielmus Brito postea assignatus fuit, &c.

ad eundem terminum apud Staf­ford de Com. illo et quarto die apud Salop de Com. il­lo.A
  • 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
B

Robertus de Muntsorrel Ric. de Sancto Falero Clerici postea assign. fue­runt Socii in Com. Gloucester per literas, &c.

ad eundem terminum apud Win­ton.C
  • 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, &c.D

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.E
  • 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, &c.

Rex Constabular. Cestriae Salutem Scias quod assignavimus te unacum Ro­berto de Ros Adam de Novo Mercato Johanne de Birilan Nicholao Bass [...]t Willielmo de Tameton & Magistro Waltero de Tany & Magistro Alexan­dro de Bayeux Clericis Justiciarium nostrum ad quintam deoimam omnium F 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 [Page 173] diligitis praedictis Roberto, Ade, Johanni, Nicholao, 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, & A 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 B facias reservatis tibi literis nostris patentibus quas illis porrigas ex parte nostra apud Chelmaresford ad primum diem ad quem diem illuc co. ram eis 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 C 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 D in forma quod loco ejus admittant Johannem de Chelesham tanquam, &c. 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
  • E 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
  • F 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.
  • [Page 174]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 A 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 B 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.C
  • 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.D
  • 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 E
  • Matheus de Cliverdun
  • Jacobus de Erneshull
  • Will. de Sour Clericus
  • Rad. de Lidiard Clericus
in Crastino medie quadragesi­me apud novum Castrum super Tynam.F
  • Roger de Merlay
  • Roger Bertram
  • Nicolaus de Hadham Clericus
in Crastino medie quadragesime apud Lancaster.
  • Willielmus Pincerna
  • Willielmus Blundell
  • Galfr. Balistarius
  • Jordanus de Cestr. Clericus
ad eundem terminum apud Eilesbiry de Com. Buking. et quarta die apud Bedeford de Com. illo.
  • [Page 175]Will. de Bello Campo
  • Henr. de Braibroc
  • Rad. Hareg
  • Richardus de Stok
  • Hugo de Bathon. Clericus

A 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
B

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
C
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 D 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 E 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 F 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.

[Page 176]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.A
  • 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.
B

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. Dors. & That is, the Great Men gave for their Villans, Ru­stics or ordi­nary Tenents. See Cl. 21. H. 3. M. 7. Dors. 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,C 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. Dors. here in Append. N. 159. prepositis singularum villarum per quorum Sacramentum quadrage­fima D 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 E 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 F 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 [Page 177] 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 us (que) 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 & A 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, B Ita quod ad negotium illud incipiatur ad ultimum a die Sancti Mi­chaelis intres Septimanas & sic de die in diem continuetur quous (que) 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.

C

NOtum sit omnibus Christi fidelibus, quod cum Dominus Henricus Rex Angliae mandatum Domini Papae suscepisset,Pat. 17. H. 3. M. 9. Dors. 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 Iusticiarum Angliae, videlicet, tem­pore D 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 E 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 F Turris, & cum Dominus Rex adhuc esset incertus utrum spon­tanea voluntate, an coactus exivisset, misit ad eum Nobiles viros Do­minum Stephanum de Sedgrave, tunc Iusticiarum Angliae, Iohan­nem 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, [Page 178] & 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 A 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, Iohane 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,B 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, Iudicium posuit in re­spectum, licet judicium jam in eadem Curia Domini Regis formatum esset, per quod ipse & sui attendentes corporis sui periculum imminere,C & 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 cujuscum (que) manibus fuerint, pro nullis hae­beantur; D & 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 ubicum (que) sint, remaneant Domino Regi, tam in auro & argento, quam in denariis, & aliis mobilibus, & corpus suum remaneat apud E Castrum Div. sarum & in custodia Dominorum Ricardi Comitis Cor­nubiae & Pictaviae, Willielm [...] Comitis Warrennae, Richardi Ma­reschalli, Comitis Penbrot, & Iohanis 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 F 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 [Page 179] Custodum & Baronum, ut praedictum est, & vel per se, vel per alios, sive per quemcun (que) 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, ubicum (que) & a quocum (que) inventus fuerit, & om­nes A 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, ne (que) crudelitatem faciet, quam praedictum est. In cujus rei testimonium Dominus Rex, & praedicti Richardus Comes Cornubiae, & Pict [...]biae, Willielmus Comes Warrennae, Richardus Marelcallus, Comes Penbrot, & Iohanes Comes Lincolniae, & Constabularius Cestriae; B 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.

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REx omnibus &c.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, Iohannis de Lascy Comitis Lincol­niae & Constabularii Cestriae, Stephani de Segrave Justiciarii no­stri, D 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 E 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 Eli­anor 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, F & 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 [Page 180] 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 A 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 B unum praedictorum nec aliud facere voluerit, tunc Ecclesiam Sancti Iohannis Divisarum, in qua se tenet, & Cemiterium ejusdem eccle­siae, cum omni diligentia custodiatis, sicut ipsi vobis dicent ex parte nostra. In cujus &c. Teste Petro Wintoniensi Episcopo apud West­monasterium, quintodecimo die Octobris.

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Cl. 18. H. 3: M. 20. Dors.REx &c. 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. Dors. omnes qui fuerunt Inprisii Richardi Mareschalli, tam de Anglia quam de Wallia qui ad pacem nostram venire voluerunt & eis reddidimus om­nes terras & tenementa sua quae de nobis tenuerunt & de quibus disseisiti fuerunt occasione guerrae motae inter nos & praedictum Comitem & nobis remanent quieta quaecum (que) super nos & nostros per dictum Comitem vel D 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 E 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 F firmum et stabile pacis vinculum inter nos et vos roboretur ad nostrum pa­riter et vestrum commodum et honorem. Tes [...]e Rege &c.

The Date of the next preceeding Record is May 31. and the next following is Dated June the 6th.

REx &c. dilecto et fideli suo Richardo Comiti Cornubia et Pictaviae Salutem.Cl. 18. H. 3. M. 17. Dors. 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 A Jacobi anno regni nostri decimo octavo us (que) 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 B 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 C 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 D tricesimo die Junii.

Eodem modo scribitur Radulpho de Thony.

RAdulphus Herefordensis Episcopus,Cl. 20. Hen. 3. M. 16. Dors. Decanus Herefordiae Walterus E 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 &c. 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.

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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 Abbat 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 A alios ex alia parte duraturas a festo Sancti Jacobi anno eodem us (que) 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 B 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 C 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 us (que) ad praedictum terminum dilecti et fideles nostri Henricus de Aldi­thely, Johannes Lestrange et Henricus de Stafford; In cujus &c. Teste D me ipso apud Theokesburiam undecimo die Julii anno regni nostri vicesimo.

Cl. 21. Hen. 3. M. 7. Dors.REx Vicecomiti Kantiae Salutem. Scias quod cum in Octabis Sancti N. 159 Hillarii anno &c. vicesimo primo ad mandatum nostrum con­venirent apud Westmonasterium Archiepiscopi, Episcopi, Abbates,E 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,F 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 [Page 183] per manus dilectorum fidelium nostrorum Rogeri de Leburn, Simonis de Craye, Iohannis 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, A 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 B 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, C 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, D medietas in Crastino Sancti Andreae anno &c. 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 E 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 Iulii anno &c. vicesimo secundo.

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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 A quaestiones.

Additament. Mat. Paris, f. 149.CƲm 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,B 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.

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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. Ʋnde 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 D 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 Iohannis Regis patris sui, et unde suscepit custodiam et E curam sine traditione patris sui Domini Iohannis 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 F 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 Iusticiario debet computus requiri: eo quod non est receptor exitus Regni. Ʋnde videtur quod ille qui nihil recipit, in aliquo non tenetur respondere. Et [Page 185] dicit quod Dominus Iohannes Rex, tradidit ei Iusticiariam 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 A guerrae à castro non potuit recedere, nec officium Iusticiarii 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 B 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 Iusticiariam 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 C 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 us (que) ad aetatem Domini Regis; nisi per visum sex Episcoporum & sex Co­mitum ad hoc specialiter attornatorum, & hoc non nisi ad defensionem D 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 [...]: Ʋnde non videtur quod inde debeat respondere. Et si hoc non suffi­ [...] dicet aliud; & super hoc paratus est, &c. Habet etiam Chartam E Regis quae ipsum, &c.

3. Item quod respondeat de terra Pictaviae, de qua Iohannes Rex obiit seisitus, & unde Dominus Rex qui nunc est fuit in seisina, quando idem Comes suscepit custodiam Regni, scilicet, de Rupella, Nyorth, & de Sancto Iohanne, & qui quando ad rescussionem terrarum illarum mittere debuerat thesaurum & denarios, misit barillos lapidibus & sabulone impletos. Et ita quod quando Barones & Magnates Do­mini F 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 quodcun (que) pares sui considerabunt; sed de Consilio Magnatum Angliae ad defensionem Rupellae missi fuerunt [Page 186] centum milites & amplius, & quamplures fervientes, qui fuerunt cum Domino Rege ibidem, quous (que) 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; A 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 B Falconis; alioqui non excommunicassent eum. Et si Falco, impune eva­sisset, & castrum non esset captum, tarbatum esset regnum plusquam fuit. Et si hoc non sufficit, &c. Et super hoc paratus est, &c.

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,C 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 D Willielmum de Breante fratrem suum. Ʋnde 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. Ʋnde Dominus Rex habito consilio cum Magnati­bus suis, accessit us (que) Berefordiam; & misit ad illos qui erant infra castrum, Petrum filium Hereberti, & Alanum Basset; petens quod de­liberarent E 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 F & Barones continebatur, quod quis (que) haberet talem seisinam quam habuit in principio guerrae. Ʋnde 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 [Page 187] 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, &c.

A 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 Iohannes obiit seisitus, (ut etiam dari fecit et confirmari viris religiosis, personis Ecclesiasticis, et aliis) multas terras et libertates, et alia, ad minora­tionem B 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, C 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 D 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, Ideo (que) per Apostolica scripta mandamus, quatenus cum venerabili fratre nostro Episcopo Wintoniensi et nobilibus viris Iusticiario Angliae, et Wil­lielmo de Bruwera damus nostris literis in praeceptis, ut amodo sui regni dispositionem sibi dimittant liberam, & quietam. Et Comiti E 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; nullas (que) de caetero literas praeter volunta­tem F 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, &c. & paratus est super hoc, &c.

[Page 188] 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 A 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 B de Mandeville pro viginti millibus marcarum, & unde utra (que) 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 C 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; D cum dominus Rex Iohannes prius dicto Galfrido maritagium ejusdem C [...]mitissae vendiderat. Et si hoc non sufficit, dicit aliud. Et super hoc paratus est, &c.

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 E 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 hucus (que) 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 F apparuit manifeste, quod non fuit in culpa, quia si fuisset, Papa puniisset eum: quod non fecit. Et si hoc non sufficit, &c. 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 [Page 189] 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 A in manu sua, per conventionem illam; ipse nihilominus postmodum con­tra conventionem illam implacitavit Iohannem de Gray, 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.

B 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; Ʋnde 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: Ʋnde cum tutela sua quae eum debuit protegere ex conventione, C 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. Dors. here in Append. N. 152. where 'tis said he made such an A­greement. Ʋtlagatione, unde dicitur, di­cit quod talem conventionem non fecit, ne (que) 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 D 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 E conventionem, quia nullam conventionem fecit Domino Regi, nisi de Iusticiaria 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 Iu­dicium Curiae suae; unde non est in culpa super hoc. Et si hoc non, &c. Et super hoc paratus est, &c.

9. Item quod respondeat de hoc, quod verba probrosa, & turpia F 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 quodcun (que) pares sui [Page 190] considerabunt, & omnia praemissa in reformatione pacis, ei fuerunt relaxata, & in jure remissa. Ʋnde 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 Iudicio suo in crastino decollationis Sancti Johannis.
A

Mat. Paris f. 524. n. 50. OTto, miseratione divina, &c. Discreto viro, illi Episcopo, vel Archidiacono, Salutem. Cum necesse habeamus de mandato sum­mi N. 161 Pontificis, moram trahere longiorem, nec possumus propriis stipendiis B 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 C 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, &c. Cum sicut intelleximus, nonnulli D 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 E 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 Dors. in ced.SCiant praesentes & futuri quod ita convenit inter Dominum Henri­cum F 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 [Page 191] & 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 A 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 & Iohanis de Monemue ex parte ipsius Domini Regis; Et Venerabilis patris Episcopi de Sancto Asaph — Idenevet Vaghan, Eynguan Vaghan ex parte praefati David. Ita quod quomo­dolibet B ab ipsis omnibus, vel à majori parte eorundem, super praemissis fue­rit arbitratum, utra (que) 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 C 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 & D 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 E 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 F 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 [Page] 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.

A

[...] 25. H. 3. [...] Dors.REx David filio Lewelini, Salutem. Bene recolimus qualiter nos vobis nuper in mandatis dedimus quod coram nobis apud Wigorniam 164 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 B 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 C 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.D 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.

E

[...]s. 25. H. 3. [...]. Dors.ANno Domini Millesimo Ducentesimo quadragesimo primo die Do­minica proxima ante inventionem Sanctae Crucis assignata Da­vid 165 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 F 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 [Page 193] 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 visa (que) & perlecta loco absentium arbitrorum scili­cet Domini Ottonts Sancti Nicholai in Carcere Tulliano Diaconi Car­dinalis A 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 B 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.

C REx David silio Lewelini quondam Principis Norwalliae Salu­tem.Claus. 25. H. 3. M. 7. Dors. 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 D per vos & vestros in terra sua & terris aliorum fidelium committendo Terras etiam quae in Curia nostra abjudicatae suerunt Owena Vagban & nepotibus suis, eis 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 E nuntios nostros solempnes us (que) Salop utpote venerabilem Patrem Henricum Coventrensem, & Lichfeldensem Episcopum, & dil [...]ctos & fideles nostros Iohannem 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 F 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 Vaghan & 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 [Page] 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.

A

[...] 25. H. 3. Dors.SCiant presentes & futuri quod ita convenit inter Dominum Henricum 167 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 B Rex eum & praedictum Oweyn filium suum liberari faciat à Carcere prae­dicto. Ita quòd stabit Iudicio 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 C 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 D 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. E 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 F 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; [Page 195] & 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 A 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 B 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, C & 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. D 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.

E

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, quandocun (que) indigue­rit servitio meo, & treugam inter Dominum Radulphum de Mortuo Mari & me initam, us (que) ad Festum Sancti Michaelis, anno Regni Re­gis Henrici vigesimo quinto, ex parte mea fideliter observabo: & tam ad F fidelitatem Domino Regi in perpetuum observandam, quam ad treugas praedictas observandas us (que) 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 [Page] 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 A 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. B

[...]. 46. [...] 25. H. 3. [...] [...]ors.OMnibus Christi fidelibus, ad quos praesentes Litterae pervenerunt, David filius Leolini, Salutem. Sciatis quod concessi Domino 170 meo Henrico Regi Angliae illustri, filio Domini Johannis Regis: quod deliberabo Griffinum fratrem meum, quem teneo incarceratum, una C 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 D 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 Iohannem 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 E 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 F 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 [Page 197] 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 Iohannis 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 A 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 B 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, & C 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.

D REx omnibus &c.Pat. 25. H. 3. M. 2. Dors. 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 E & 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.

F

[...] 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 A 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 B 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 C 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 Avrinthia, Richardum Cumin, David de Lindeseie, Richardum Siward, Willielmum de Lindesia, Wal­terum D 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 & E 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 &c. Ista signa apposita fuerunt in continenti, scilicet Regis Scotiae Alexandri, Willielmi de Bevire, Willielmi de veteri ponte, Willielmi de Lindesia, Stephani de Smingham. F Aliorum sigilla apposita fuerunt postea.

ILlustri viro, Domino Henrico, Dei gratia Regi Anglorum,Mat. Paris f. 651. n. 50. &c. 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. A 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, B 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 C 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, &c. 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, D 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 E 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, F & 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 [Page] 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,A 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 B (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. Ʋndè 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 C 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. Ʋt autem vobis veritas pleniùs innotescat, Italici percipientes in Anglia Sexaginta millia D 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 E 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 F 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 [Page 201] 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 & A 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; B 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 C quòd à Magnatibus & universitate Regni Angliae, tanquam à filiis in Christo Charissimis, speciales gratias debeatis meritò reportare.

HEnricus dei gratia, &c. Venerabili in Christo, tali Episcopo salutem.Mat. Paris f. 708. n. 40. Licet aliàs vobis scripserimus, semel, secundò & tertiò, tam per N 174 D 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 E 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 F 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 us (que) 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 [Page] vestris, quam quidem pro libertate cleri, & populi facimus, novit Deus, &c.

[...]em f. 716. HEnricus Dei gratia Rex Angliae, &c. praecipimus tibi, quod sicut 175 teipsum, & omnia tua diligis, non permittas, quòd aliqui laici de Baliva tua ad v [...]untatem Episcopi Lincolniensis Archidiaconorum vel A 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.

B

[...]. Paris [...] [...]1. lin. 5.SAnctissimo patri in Christo ac domino J. Dei providentia summo Pon­tifici, 176 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 C 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 D 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 E obligati; Et quia communitas nostra sigillum non habet, praesentes lite­ras Signo Communitatis civitatis Londinensis, vestrae Sanctitati mittimus consignatas.

F

REverendissimis patribus in Christo & Dominis,Ibid. n. 20.30. Sacrosanctae Eccle­siae Romanae Ca [...]binalibus, devoti sui, &c. 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, A 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 B 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 C 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 D 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 E 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.

F

[...]toria Paris [...]atè post [...]aria.HEnricus D [...]i gratia, &c. 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, & 178 omnibus aliis villis Comitatus [...]ui, à Die Ascentionis domini usque ad festum Sancti Michaelis: scilicet in singulis Civitatibus ad singulas por­tas, A 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, & salvò cu­stodiat: si verò hujusmodi Extranei transitum facientes, se non permi­serint B 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 C comitatus suos de hundredo in hundredum, & Civitates, & Burgos; & convenire faciant coram eis 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, D & 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,E 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.F 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, & eis sint inten­dentes ad faciendum ea quae spectant ad conservationem pacis nostrae. [Page 205] 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, A & 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, Iurati ad arma, cibes, burgenses, libere B 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 salvò custodiant; donec per legem terrae deliberentur. Et ideo tibi praecipimus, quòd sicut corpus tuum, & omnia tua diligis, C 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 adjoyning, liked not this New Constitu­tion D 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.

E

Mandatum Regis de juratis ad arma.

H. de Hathelokestuna vicecomes Essexiae & Hertfordiae; Mat. Paris au­ctar. Addita­ment. f. 230. n. 10. &c. Bal­livis libertatum sancti Albani salutem. Mandatum domini Regis in haec verba suscepi. Henricus Dei gratia Rex, &c. Vicecomiti Essexiae & Hertfordiae Salutem. Summone per bonos Summonitores, om­nes N. 178 milites & omnes libere tenentes de Comitatibus praedictis; & de F 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 [Page] 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 A 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 &c. Dilecto & fideli suo Henrico de Cole­villa B 178 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 C 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 D 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 E 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 F 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 & [Page 207] 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.A

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 B 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, C ei restituatur.

NOs Bonifacius divina miseratione Cantuariensis Archiepiscopus, Mat. Pari [...] f. 866. n. 40, 50, &c. totius Angliae primas, F. London, H. Eliensis, R. Lincolniensis, W. Wigorniensis, W. Norwicensis, P. Herefordiensis, W. Sarisberiensis,N. 179 D 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 E 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, F & 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, [Page 208] 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 A figilla nostra praesentibus duximus apponenda.

B

[...] 37. H. 3. [...]3. Dors.NOverint universi quod Dominus Henricus Rex Angliae illustris Rogerus Comes Norfolciensis & Mareschallus Angliae H. 180 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 C 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 D 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 E 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 F sigilla sua appofuerunt.

ALexander Episcopus Servus Servorum Dei,Mat. Paris f. 914. n. 30, [...]0 Episcopo Herefor­densi, &c. 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 A 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 B 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 C 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, &c.

D

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, E 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 F 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 Popes Commands himself in all places (and the Arch-Bishop 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, &c. 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 A 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, &c. 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 B Ros, &c. ut supra. Districte praecipientes, &c. in cujus rei testimo­nium, &c.

[...]em f. 352.VIris venerabilibus & discretis, Archidiaconis Coventrensi, Ce­strensi, N. 184 Derbeiensi, Staffordensi, & eorum Officialibus, ac De­canis C 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 D 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 E 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 F 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 [Page 211] 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, A & 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 B 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 C 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 D perjuros secundum formam Canonum. Valete. Datum Londoniis anno Domini 1255.

SAnctissimo in Christo patri,Claus. 40 H. 3. M. 13. Dors. John de Diva or Dya was a Fryer Minor and came by the Popes or­der to Reform England. Par. f. 928. n. 50. &c. nuper per religiosum virum fratem Iohannem de Oya, poenitentiarlum et Capellanum vestrum san­ctitati E 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 Popes Army when Man­fred totally d feated 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 F 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 [Page] 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 A 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 B 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 C transmittentes, circa Capitaneum destinandum cum militia compe­tenti jugiter insistendo: Ʋnde Sanctitati vestrae humiliter supplicamus, quatenus attendatis quam multipliciter sumus gravati, nisi pietatis ve­strae dectra nos sublevare dignetur. Nam sicut scitis, occasione istius [...]

[Page 213]VEnerabili patri R. Sancti Angeli Diacono Cardinali,Claus. 40. H. 3. M 13. Dors. &c. 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. A 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; B 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 C 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 [...] [Page 214] 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 A 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 B 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, &c.

Eodem modo scribitur Venerabili Patri J. Dei gratia Titulo sancti Laurentii in Lucina Presbytero Cardinali.C

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.D

Eodem modo scribitur Venerabili Patri Ottobono Sancti Andreae Dia­cono Cardinali.

[...]us. 40. H. 3. 13. Dors.REx Willielmo Bonquer, salutem, de circumspectionis vestrae pruden­tia E 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 F 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 [Page 215] 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 A 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 B 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 C Magistri Rustandi erit ab obligationibus Mercatorum Senen. penitus liberata.

REx omnibus &c.Pat. 42. H. 3. M. 10. Cum pro negotiis nostris arduis nos & regnum no­strum D 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 E 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 F per literas suas concessit quod omnia superius expressa quantum in ipso est fideliter & inviolabiliter observabit & in perpetuum observari procu­rabit, In cujus &c. hiis Testibus Edwardo filio nostro primogenito Gal­frido de Lezignan Willielmo de Valentia fratribus nostris Petro de Sabaudia Iohanne de Plessetis Comite Warwick Iohanne Maunsell Thesaurario Eborum Henrico de Wingham Decano Sancti Martini Lon­don Petro de Rival Guidone de Rocheford Roberto Walerand pre­sentibus [Page] & multis aliis Comitibus Baronibus regni nostri Dat. apud Westmonasterium secundo die Maii.

[...] H. 3.REx omnibus &c. 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 A 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 B & 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 C 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 &c. hiis Testibus ut supra Dat. 2o die Maii.

D

[...]2. H. 3. [...]ermes.HEnr. par le grace Deu Roi Dengleterre &c. a touz ceus &c. 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 e de ce dona ses lettres overtes Les queus vintè quatrè-desus nomez eslurent quatre as que [...]s 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 F 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 liuere 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 & A 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 saueir 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.

B

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, &c. Teste Rege apud Oxonium vicesimo secundo die Junii.

Et Mandatum est Nicholao de Mel, quod dictum castrum cum perti­nentiis C eidem Ricardo liberet custodiendum sicut praedictum est, unà cum instauro & armaturis ejusdem castri per Chirographum inter ipsum Ni­cholaum, & Richardum praedictum. In cujus &c. Teste ut supra.

Eodem modo commissum est Castrum Northampton cum pertinentiis Radulpho Basset de Sabecot custodiendum in formâ praedicta. In cujus &c. Teste ut supra.

D Et Mandatum est Hugoni de Manby quod Castrum illud ei liberet una cum Instauro, &c. 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 &c. ut supra.

E

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 &c. ut supra.

Eodem modo commissum est Willielmo Bardolph Castrum de Not­tingham F cum pertinentiis custodiendum in forma praedicta.

Et Mandatum est Willielmo de Grey quod Castrum illud ei liberet una cum Instauro &c. ut supra.

Eodem modo commissum est Iohanni de Grey Castrum de Hereford cum pertinentiis custodiendum in forma praedicta.

[Page]Et Mandatum est Henrico de Penebrig quod Castrum illud ei liberet una cum Instauro &c. 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 &c. ut supra.

A

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 &c. ut supra.

B

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 &c. ut supra.

Eodem modo commissum est Ricardo de la Rokele Castrum de Had­legh cum pertinentiis custodiendum in forma praedicta.C

Et Mandatum est Ebuloni de Geneur quod Castrum illud ei liberet una cum Instauro &c. 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 D cum Instauro &c. 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.E

Eodem modo commissi sunt Ricardo de Grey Quinque Portus Regis cum pertinentiis custodiendi, in forma per Regem & Magnates prae­dictos provisa. In cujus &c. Teste Rege apud Oxon. vicesimo tertio die Junii.

Et Mandatum est Nicholao de Molis quod praedictos quinque Portus ei liberet custodiendos sicut praedictum est.F

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 &c. Teste ut supra.

[Page 219]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, &c. ut supra.

Eodem modo commissum est Perro de Montefforti Castrum de Bruges cum pertinentiis custodiendum in forma per Regem & Magnates provisa. A In cujus &c. Teste ut supra.

Eodem modo commissum est Iohanni 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 &c. ut supra. Teste Rege apud Oxon. vicesimo B septimo die Junii.

Eodem modo commissum est Stephano Lungespeye Castrum de Shyre­burne cum pertinentiis custodiendum in forma praedicta. In cujus &c. Teste Rege apud Winton undecimo die Julii.

Et Mandatum est Waltero de Bruges quod Castrum illud cum perti­nentiis ei liberet una cum Instauro, &c. ut supra. Teste ut supra.

C

REx Richardo Comiti Gloucestrie et Hertfordiae Salutem Cum nu­perPat. 42. H. 3. M. 6. concesserimus Proceribus & Magnatibus regni nostri jura­mento firmato in animam nostram quod per duodecim fideles de consilio N 192 D 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 sware 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 E 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 &c. Teste Rege apud Oxonium vicesimo secundo die Junii.

F

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 &c. ut supra us (que) quod reformationem & ordinationem per praedictos 24 N. 193(& tunc) vel majorem partem eorum faciendam ratam habebimus, &c. us (que) 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 A 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 B nostris quod si ad hujusmodi ordinationem & reformationem & consilii nostri nomitationem sicut superius est expressum processeritis in nullo nos, &c. ut supra teste ut supra.

Consimiles literae diriguntur Rogero le Bigod Comiti Norfolciae & Marescallo Angliae.

Consimiles literae diriguntur Hugoni le Bigod Iustitiario Angliae. C

Consimiles literae diriguntur Iohanni de Plessetis Comiti Warwici.

[...] [...]2. H. 3.REx omnibus &c. Salutem Sciatis nos suscepisse in salvum & secu­rum N. 194 conductum nostrum dilectos fratres Ademarum Winton.D 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 Iohannem Comitem Warewici & Willielmum de Fortibus Comitem Albermarlie & quosdam alios nobiles de regno nostro.E 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 &c. Duratur. usque ad diem domini­cam proximam post festum Translationis praedicte. Teste Rege apud Winton. quinto die Julii.

F

Literae Missae a Comunitate Angliae Domino Papae A. D. 1258.

SAnctissimo Patri in Christo Alexandro, divina providentia Sanctae Ʋniversalis Ecclesiae summo Pontifici communitas Angliae, Additamen. Mat. Paris f. 215. n. 40. And in his Hi­story f. 978. n. 10. there only mentio­ned. cum A 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, B 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 C 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 D 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 E 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 F totius regni; quasi in necem ejusdem & lapsum irreparabilem conjurasset. Ʋt 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 [Page 222] 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,A 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, B 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 C 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. Ʋnde 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, D 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 E vulnerando in praejudicium Coronae (cui soli competit hujusmodi incarce­ratio) Laxatis habenis nequitiae debacchando per Regnum, pro suae libito voluntatis. Ʋnde 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. F 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 [Page 223] 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 A 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, Iusticiarius Angliae, P. de Sabaudia, I. filius Galfridi, Iacobus de Audeley & Petrus de Monteforti. Vice totius Communitatis, praesentibus literis sigilla B 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 C 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 Kings Inhibi­tion and safe Conduct, here in the foreg [...] ­ing 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. Ʋnde 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, D 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: Ʋbi 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) E Coquum Regis assavit & excogitatis tormentis, usque ad mortem Cruciavit. Ad quorum auditum, omnes audientes auras suas continentes, obstupuerunt.

F REx Vicecomiti Dors. 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 [Page 224] 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 quascun (que) 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 A 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,B 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 C 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, D
  • Willielmo Corbet,
  • Ignardo de Elmerugg,
  • Ricardo de Ambresleye.

Leyc.
  • Auketino de Martinal, E
  • Willielmo de Keleby,
  • Petro le Poter,
  • Eustachio de Folevil.

Hunt.
  • Willielmo le Moyne, F
  • Waltero de Wassingley,
  • Simoni de Copmanford,
  • Baldewino de Drayton.

Oxon.
  • [Page 225]Stephano de Cheyndut,
  • Henrico filio Roberti,
  • Alano filio Reynardi,
  • A Petro Foliott.

Nott.
  • Hugoni de Capella,
  • Simoni de Hedon,
  • Simoni de Aslaketon,
  • B Willielmo de Morteyn.

Derb.
  • Willielmo de Muntgomery,
  • Ricardo de Vernun,
  • Ricardo de Roffa,
  • C Willielmo filio H [...]

Ebor.
  • Willielmo de Barton,
  • Willielmo de Buketon,
  • Maugero le Vavasur,
  • D Thome de Bellaye,
  • Nicholao de Bolteby,
  • Simoni de Lilling.

Ranc.
  • Simoni de Kryollis
  • E Fulconi Peyforer,
  • Johanni de Sandwico,
  • Galfrido de Scoland.

Wilts.
  • Henrico Husee,
  • F Godefrido de Skerdemor,
  • Willielmo Husee de Kyntenton,
  • Ricardo de Seles.

Glout.
  • Nicholao 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.
  • [Page]Thome de Roshale,
  • Waltero de Hopton,
  • Ricardo Tyrell,
  • Roberto de Lacy. Note: Quia non fuerunt idonei sicut P. de A 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, B
  • Willielmo de Stalham,
  • Hamoni Burd.

Surr.
  • David de Jarpenvil,
  • Johanni de Wauton, C
  • Johanni Hansard,
  • Johanni de Abernun.

Heref.
  • Waltero de Eyneford,
  • Gilberto Talebot, D
  • Rogero de Chaundos,
  • Johanni de Lynguire.

Warr.
  • Nicholao filio Radulphi,
  • Ade de Napton, E
  • Roberto de Grendon,
  • Willielmo de Waure.

Bedf.
  • Simoni de Pateshull,
  • Roberto de Wauton,F
  • Willielmo de Subyri,
  • Galfrido de Burdeleys.

Linc.
  • [Page 227]Willielmo de Iseney,
  • Gilberto de Sancto Laudo,
  • Willielmo de Engelby,
  • A Egidio de Gousle.

Sussex.
  • Radulpho de Raleye,
  • Willielmo de Wistaneston,
  • Radulpho Sanzaver,
  • B Willielmo de Paggeham.

Rotel.
  • Jacobo de Paunton,
  • Bernardo de Brus,
  • C 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 Note: 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, &c.

Lanc.
  • Willielmo de Forneys,
  • Willielmo le Botiller,
  • Galfrido de Chetham,
  • Alano de Wyndel.
D

QƲia 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, &c. xlii.Claus. 42. H. 3. M. 1. Dors. pro quibusdam negotiis Co­munitatem totius Comitatus praedicti tangentibus. Mandatum est Vicecomiti Northumbrie, Quod praefatis quatuor Militibus de Comuni­tate E praedicta Rationabiles expensas suas in Eundo & Redeundo habere faciat. Teste Rege apud Westmonasterium quarto Die Novemb. &c. xliii.

Note, The Clerks were not always very exact in their entry of Records, for this is entred 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.

F

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 vtilitate 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 A 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, &c.

Consimile Breve habent 4 Milites de Comitatu Notingham.

Consimile Breve habent 4 Milites de Comitatu Derby.

Consimile Breve habent 4 Milites de Comitatu Buks.

Consimile Breve habent 4 Milites de Comitatu Devon.B

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 Parlement.

C

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 D 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 E 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.F In cujus, &c.

Teste Rege apud Westmonasterium d [...]cimo octavo die Julii.
Ex. Per Hugonem le Bigod Justiciarium Angliae.

REx Nicholao 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 A 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, B 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, &c.

Teste Rege apud Westmonasterium Quarto die Augusti.
Per ipsum Regem, & Consilium suum.

Duplicata est ista litera, Ex.

C

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 D 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.

E

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 F 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 [Page] 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 A 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 B 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 C 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.D Sicut vos ipsi satis nostis & sicut exitus rei evidenter declaravit. Ʋnde 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 E 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 F 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 [Page 231] 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 A 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 B Meipso apud Windesore quinto die Augusti Anno Regni nostri quadra­gesimo quinto.

Consimiles Literae diriguntur per singulos Comitatus-Angliae.

C 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 D 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 & eis 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.

E

Eodem modo mandatum est Singulis Vicecomitibus citra Trentam.

DOmino Papae Rex Angliae, Salutem, cum reverentia & honore.Cl. 46. H. 3. M. 17. Dorso. F 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 [Page 232] intentis, quatinus cum tempore soelicis recordationis Domini Alexander 4th. 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. A 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 B 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.C

[...]. 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 & D 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, eis ulterius ad observationem praemissorum non tenemur. Et cum E 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 F 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, [Page 233] 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 A 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.

B
Ex.

REx omnibus, &c. Salutem,Pat. 48. H. 3. M. 18. N. 75. Noveritis quod nos compromisimus C 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 D 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 & E Mareschallus Angliae, Iohannes de Warenna, Willielmus de Valen­cinis Humfridus de Bohun Comes Herefordiae & Essexiae Hugo le Bigod, Philippus Basset, Iohannes filius Alani, Robertus de Brus, Rogerus de Mortuo Mari Iohannes 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 Nevill, Johannes de Vallibus, Johannes de Muscegros, Warinus F 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, [Page 234] 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.A

Pat. 40. H. 3. M. 16. N. 57.REx omnibus, &c. Salutem, Sciatis quod Venerabili Patri R. Co­ventriae N. 207 & Lichfeldiae Episcopo & Magistro Nicholao Archidia­cono Norfolciae plenam & liberam dedimus potestatem ad tractandum apud Brackele in presentia Johannis de Valencinis Militis & Nuncii B 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, &c. Teste Rege apud Oxonium vicesimo die Martii.C

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 D 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 E faciat Petrum de Monte Forti juniorem in forma praedicta.

Eodem modo mandatum est Iacobo de Aldithelege quod deliberari faciat Robertum de Monte Forti in forma praedicta.

F

REx omnibus tenentibus de Castellaria Douorr. 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. Quin (que) portus no­stros N. 209 & Camerariam nostram de Sandwico cum pertinent is custod en­da quamdiu nobis placuerit. Ita quod de exitibus inde provenientibus A 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, &c. 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 B 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, &c. Teste ut supra.

Et mandatum est Baronibus & Ballivis Portus de Sandwico quod eidem Henrico tanquam Constabulario Castri praedicti, Custodi Quin (que) Portuum & Camerario Sandwici in omnibus quae ad custodiam illam pertinent intendentes sint & respondentes sicut praedictum est. Teste ut supra.

C 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. Dors. Cum jam sedata turbatione D 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, cum (que) nos de vestra fidelitate simul & industria fiduciam gerentes vos de consilio dictorum Baronum nostro­rum E 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 F 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 [Page 236] 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 A 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.B

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.C

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.D

Eodem modo constituitur Ricardus de Vernon in Comitatu Derb.

Eodem modo constituitur Johannes filius Johannis in Comitatu Buck­ing hamiae.

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.E

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, &c. quae commissa fuit Petro de Trehampton defe­renda eidem Henrico.F

Eodem modo constituitur Johannes de Aur. in Comitatu Dors.

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 Iacobo 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 A 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 quorumcum (que) custodia consistant; cum (que) 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 B 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 & Iohannem de Wiavil & omnes alios hujusmodi prisones, quos in Custodia vestra tam de nostra quam de cujuscum (que) 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 C 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 Iohannem le Despenser Adam le Despenser Rogerum de la Hide Humfridum de Bassingburn, & omnes alios hujusmodi prisones, &c. & tradita fuit litera Simoni de Wa­tervil.

D

Eodem modo mandatum est Rogero de Clifford quod adducat secum Willielmum de Eyvill, Henricum de Penbregg, Baldwinum de Drayton.

E

REx Iohanni de Grey Constabulario castri sui Nottinghamiae, 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 F mandato nostro & quod omnes qui nuper in confl [...]ctu habito apud Northampton & prisones capti fuerunt ibidem ad nos ducantur Lon­don in quorumcum (que) custodia consistant; cum (que) 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 [Page 238] 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 cujuscum (que) alterius commissione tenetis, ut de prisonibus praedictis et de prisonibus nuper captis apud Lewes si expedire viderimus prisonem pro prisone vel A 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, &c.B

Item, Mandatum est Drogoni de Barentin Constabulario Castri Windesor quod Willielmum de Furnival et omnes alios prisones, &c. secum adducat, &c. ut supra, et litera ista tradita fuit Charles Valletto Regis deferenda praefato Constabulario.

Item, Mandatum est Iohanni de Vallibus Constabulario castri Norwici vel ejusdem Subconstabulario ejusdem castri quod veniat in C forma praedicta & adducat secum Ger. de Furnivall, Willielmum de Eylesford, Radulphum de Bruton, Iohannem Estormy, et omnes alios hujusmodi prisones, &c. in forma supradicta.

Pat. 48. H. 3. M. 6. Dors.Haec est forma pacis a Domino Rege & Domino Edwardo filio suo Praelatis & Proceribus omnibus cum Communicate tota D 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 E & 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 F novem Iusticiarium, Cancellarium, Thesaurarium & alios offi­ciales majores & minores in hiis quae spectant ad Regimen Curiae & Regni. Iurabunt 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 [Page 239] 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 A 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 B 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 C 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 D 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.

E

REx omnibus, &c. 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 F leges & consuetudines ejusdem regni regere volumus, quous (que) misa per nos & Barones nostros apud Lewes nuper facta vel alia forma si qua melior provideri possit, compleatur. In cujus, &c. 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, &c. 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 & A 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 B 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 & C tradita munciis Supradictis.

Pat. 48. H. 3. M. 20. Dors.REx Archiepiscopis, Episcopis, Abbatibus, Prioribus, Comitibus, Baronibus, Militibus, liberis hominibus, & omnibus aliis de D 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 E 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 F 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 [Page 241] 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 & A 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, &c.

Et mandatum est Vicecomiti Warr' & Leycestriae quod praedictas li­teras patentes quas lator praesentium sibi liberabit per praeceptum Regis B 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, &c.

C

REx Archiepiscopis, Episcopis, Abbatibus, Prioribus, Pat. 48. H. 3. M. 9. Dors. 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 & D exhaeredationem perpetuam nisi eis 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 Ʋincula ad nostram & vestram ac totius regni defensi nem contra alienigenas hujusmodi nobiscum exinde processuri. Tis vero Vicecomes assumpto tecum Custode papis Comitatus praedicti prae­dictis E 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 F 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 [Page 242] 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 A 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, & ficut 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 B 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, &c. Teste Rege apud Sanctum Paulum London sexto die Julii.

Eodem modo diriguntur literae consimiles Archiepiscopis, &c. In C 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.

D

Pat. 48. H. 3. M. 7.REx omnibus, &c. 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 E & 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, &c. Teste Rege apud Sanctum Paulum Lon [...]on decimo sexto die Julii.

F

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 A 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 sauer 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 B 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 C 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 Euer, 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 D 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, E Adam de Gesemue, Gilbertus Haunsard, Robertus de Stuteville, Johannes de Halton, Willielmus de Wivill, Hugo de Ever, Johan­nes Burton, Ambrosius 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 F 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 A propositi sui consciis spreto consilio nostro & Magnatum & fideli­um nostrorum praedictorum subito & exopinato recessit volens ut pro certo credimus se ad Iohannem 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 B 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 C 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 D 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.E

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.

F

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 A 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 & Iohanni B 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 C 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 D & 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 E 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 F 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. Dors.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 A & 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 B 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 C 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 D 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 &c. Teste Rege apud Winton vicesimo primo die Septembris.

E

Item in forma praedicta constituuntur omnes Milites subscripti in Comitatibus Subscriptis.

F
Wilts.
Linc.
  • Antonius Bek,
  • Alexander de Monte Forti.
A Somers.
  • Willielmus Everard,
  • Ricardus de Bamfeld Canonicus Well'.
Cant. & Hunt.
  • Almaricus Peche,
  • Willielmus de Criketon.
Lanc.
  • Patricius de Ulnesby,
  • Robertus de Lathum.
B
Glouc.
  • Robertus de Santemaur,
  • Robertus de Kingeston.
Midd.
  • Philippus de Conel,
  • Johannes de Vantort.
Dors.
  • Radulphus de Gorg,
  • C Johannes de la Strode.
Devon.
  • Henricus de Tracy,
  • Ricardus Banzan.
Cornub.
  • Stephanus Heym,
  • Philippus de Bodrigan,
Buck. & Bed.
  • D Jacobus le Sauvage,
  • Galfridus de Rus.
Cumberl.
  • Robertus de Mulecastr,
  • Ranulphus de Acr.
Westmerl.
  • Iidem Milites.
Wigorn.
  • E Willielmus de Sautemar,
  • Paulinus de Kerdif.
Southt.
  • Mathaeus de Columbers,
  • Radulphus de Hotot.
Ebor.
  • Johannes de Oketon,
  • Galfridus Aguilun.
F
Surr. & Sussex.
  • Johannes de Wauton,
  • Willielmus Aguilun.
Northt.
  • Johannes Lovell,
  • Willielmus le Brun.
Nott. Derb.
  • [Page 248]Willielmus de Grey,
  • Willielmus de Montgomery.
Heref.
  • Ricardus de Bachind,
  • Walterus de Ailesford.
A
Kanc.
  • Henricus de Burn,
  • Rogerus de Norwede.
Essex & Hertford.
  • Willielmus de Grancourt,
  • Richardus de Herlawe.
Norff. Suff.
  • Henricus de Reneshal,
  • Hervicus de Vallibus. B
Rotelond.
  • Jacobus de Paunton,
  • Johannes de Sproxton.
Northumbr.
  • Thomas de Richel,
  • Johannes de Aulton.
Salop & Staff.
  • Philippus le Bret, C
  • Odo de Hodenet.
Oxon & Berk.
  • Thomas de Valom,
  • Willielmus de Englefeud.
D

Pat. 49. H. 3. N. 22.REx Humfrido de Bohun Comiti Hereford, Iohanni 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 quibuscum (que) 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 E 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.

F

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, A & 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, &c. Teste Rege apud Windesor sexto die Octobris.

B

REx omnibus, &c. 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 ne (que) 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 C 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, &c. Teste Rege apud Winton quarto die Augusti.

D

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 E 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.

F

Pat. 30. H 3. M. 1. Hibern.QƲia 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 A Regis. Mandatum est Archiepiscopis, &c. quod pro pace & tran­quillitate ejusdem terrae, per easdem leges eos Regi et deduci permittant, & eas in omnibus sequantur. In cujus, &c. Teste Rege apud Wodestok, nono die Septembris.

B

Claus. 37. H. 3. M. 15. Dors. 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 C 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, &c.

D

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,E 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. F

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, A 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, B 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.

C REx Vicecomiti Eborum Salutem.Cl. 25. E. 1. M. 6. Dors. 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 Kings Seal, and pub­lished them under his Name, and made him own them. D 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 E 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 F singulorum Laicorum: And they were called incolae regni, in Despight to the Clergy, who were then out of the Kings 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 A super nostro & regni nostri statu London See Pat. 48. H. 3. M. 6. Dors. in this Append. N. 213. Mense Iunii 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 B Comites Leycestriae & Gloucestriae & alios sibi adhaerentes ac Barones sive Cives nostros London & Quin (que) 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,C 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.D 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 E 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 F 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 [Page 253] 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, & quos­cum (que) 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 A 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 B 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 C 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 D 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 E Chart to the County of Mi [...]d.

F

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 A [...]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 B 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,C 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 D 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 E Rege apud Westmonasterium xio die Octobris.

F

The INDEX.

A
  • ABrincis vid. Hugh.
  • Adala, Countess of Blois, her endeavour to reconcile the King and Arch-bishop Anselme f. 260. E.
  • A 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 streights Ibid. E.
  • He obteined a great victory over them, and forced them to beg B 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.
  • C His Atchievements, and Wisdom, and Justice in the British Affairs f. 23. A, &c.
  • His Conquests f. 24. A. B. C.
  • He first made use of a Fleet Ibid. D.
  • He overthrew the Caledonians f. 25. B.
  • And Britains 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 poysoned f. 27. A.
  • D Agricola Disciple to Paelagius propagated his Masters Opinions in Britain f. 38. E.
  • Alans who they were f. 37. B. F.
  • Albamarle, vid. William de Fortibus.
  • St. Albans Monastery founded by King Offa f. 109. B.
  • The Abbat thereof cited to London by the Popes Legat f. 599. F.
  • He appeals to the Pope, but without remedy f. 600. A. B.
  • The Church Interdicted f. 620. B.
  • E Alberic the Popes Legat in England and Scotland f. 293. E.
  • He directs the choice of an Arch-Bishop of Canterbury Ibid.
  • Albert, the Popes 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.
  • F Alcuinus wrote against Image worship f. 109. A.
  • Aldermannus a general word for many Officers f. 70. F.
  • Alexander Caementarius mainteined King Johns Cause against the Pope f. 480. F.
  • How he was punished by the Pope f. 481. lin. 2.
  • Alexander A Frier Minor, the Popes 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.
  • [Page]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 Popes L [...]gat 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. A
  • 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 threatned to censure King Henry for his Excesses Ibid. F. B
  • 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 C [...]n­fessor 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. C
  • She caused all Free-men 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 Burdeaux f. 586. E.
  • Almains why so called f. 58. E.
  • Alodium what f. 204. D.E.
  • Alphonso King of Castile his pretences to Gascoigny f 610. B. D
  • He quitteth them f. 611. F.
  • Ambiani, who they were f. 35. B E.
  • Ambrosius 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 surrendred to King Philip of France f. 473 F.
  • Anjou doth Homage to Henry the Third f. 545. A. E
  • Anselme Abbat 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 Kings favour f. 226. B. C.
  • The great difference between King Henry the First and him Ibid. D. E. and 227, 228, &c.
  • 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. F
  • He refused to appear at the Kings 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.
  • [Page]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.
  • A 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.
  • B He excommunicated the Kings Counsellors Ibid. C.
  • He is reconciled to the King f. 261. A.
  • His Answer to the Bishops request for relief against exactions Ibid. E. F.
  • His sickness at Bec, and the Kings promise to him f. 262. A.B.
  • He is observantly treated by the Queen Ibid. C.
  • He exacted obedience from the Arch-Bishop of York f. 263. D.
  • He refused to give his Benediction to Thomas Elect of York, C 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 inferiour 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.
  • D By the Clercs of the Church of York Ibid. A. B.
  • By Theobald Arch-Bishop 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.
  • E 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 Governour of Mans f. 464. A.
  • F 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 Ʋncle King John Ibid. E.
  • He was sent Prisoner to Roven, and never more heard of Ibid. F.
  • [Page]Artificers of all Sorts in the Roman Army f. 5. F.
  • Arx Brittannica what it was f. 12. F.
  • Assise what f. 164 B.
  • Of Arms appointed by Henry the 2d. f. 337. A &c.
  • 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 obteined many Victories over the Danes, Scots, Irish and Welch, f. 118. B. C.
  • Foreign Princes purchase his favour with gifts Ibid. D. A
  • How he valued every mans Life f. 119 A. &c.
  • 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 Arch-Bishop of England f. 102. l. 3.
  • The Questions he sent to Pope Gregory, and Answers he recei­ved B from him Ibid. B. C. D. E.
  • He was impowred to ordain an Arch-Bishop 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 Brittany f. 10. E.
  • Ayds Capital how many f. 166. B. C
B
  • BAldwin de Redvers fortifieth Exeter Castle against King Ste­phen f. 274. A.
  • He is defeated, his Lands Seized, and he banished Ibid. B. D
  • Baldwin Arch-Bishop 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 Kings recommendation f. 620. A.
  • Hugh Bardolphs Demands of the Bishop of Durham f. 445 C
  • The Bishops Answer to him Ibid. E.
  • Barony a name of Office, and when first hereditary f. 81. B. E
  • 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 obtein their desires f. 497. A. &c.F
  • 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.
  • [Page]They call London their Receptacle f. 500. F.
  • They Despise the Popes 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 spoyled by the King f. 505. D.E.
  • They choose Prince Lewis for their King, and send Hostages for his Security f. 507. A. B.
  • A They do Homage and fealty to him f. 510. l. 4.
  • Their success in Norf. Suff. and Cambridgeshire, &c. 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 persue 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.
  • B 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 Tenents by the Kings Grant f. 534. f.
  • They of Normandy, Britany, 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.
  • C They demand Restitution of their Charters f. 541. l. 4.
  • They refuse to obey the Kings 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 Kings 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.
  • D Their reasons against it at that Juncture Ibid. D. E.
  • Their Answer to the Kings Demand of an Ayd 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 Ayd against the Welch Rebels, f. 592. C.
  • They deny him an Ayd in a Parlement at London f. 600. f.
  • E They reprove him for Miscarriages, and deny him money f. 601 A. D. & f. 615. F.
  • They favor 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. &c.
  • F 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 ordeined should be holden Ibid. E.F.
  • [Page]They quarrel with the King about his Brothers, &c. f. 628. D.
  • They choose the Justiciary Ibid. E.
  • Their Oaths of Confederacy f. 629. A, &c.
  • Their Practices to enrich themselves f. 630. F.
  • Their Letter to the Pope to excuse themselves f. 631. A.
  • Their Complaints against the Kings 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 A St. Albans f. 637. F.
  • They arm themselves and seize the Kings 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 Popes Legate and King of France to confirm their proceedings Ibid. C. B
  • 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. C
  • Gilbert Basset falls under the Kings Displeasure f. 555. A.
  • He is received into the Kings Favour and Council f. 560. E. F.
  • Bastardy no bar to inheritance of Princes f. 186. A.
  • Batavians who they were, and where they dwelt f. 26. B.
  • Battel 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. D
  • 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 Arch-Bishop of Canterbury f. 304. D. & 379. E. F. E
  • He altered his manner of living f. 380. A.
  • The Kings mind alienated from him Ibid. B. C. D.
  • He mainteined the Exemption of Clercs from Secular Power and Jurisdiction f. 381. A. B. and 389. B. C.
  • His Answer to the Kings Demands whether he would observe his Royal Customs f. 381. C. and 390. A. B.
  • He consents to own the Kings ancient Laws f. 382. C. D. and 390. C. D.
  • He repents of what he had done f. 382. F. 390. E. F
  • His attempt to go over Sea hindred f. 383. A.
  • The Controversie between him and John Mareschal Ibid. B. C.
  • He is cited into the Kings Court, but did not appear Ibid. D. E.
  • He is accused of Treason for refusing f. 384. C.
  • Judgment demanded and pronounced against him, and his sub­mission [Page] 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 Kings demand whether he would stand to the judgment of his Court f. 393. A.
  • A He prohibited the Bishops from medling in his Case f. 387. A.
  • He was minded of his Oath at Clarendon, and his Answer Ibid. C. D. E. F.
  • His Demeanor before the King f. 391 E.
  • The Kings complaint against him Ibid. F.
  • His Answer to the Barons f. 388. C.
  • He took Ship at Sandwich and Landed at Graveling f. 389. A.
  • He is owned and judged a perjured Traytor by the King, Bishops B 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.
  • C His Speech or Epistle to the King Ibid. C. D. E.
  • His reservations and Threats Ibid. F.
  • He Nulls the Kings 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 write to him in the Kings behalf f. 398. D B. &c.
  • His Answer to their Letter f. 399. E. &c.
  • He Excommunicated such as adhered to the King f. 400. D. E. F. & 406. B. C.
  • And all that received Benefices from Lay-men f. 401. A.
  • A meeting between the King and him Ibid. C.
  • The Kings 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.
  • E 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 Arch-Bishop 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.
  • F He was Murdred by 4 Knights while he was at Mass Ibid. E.
  • He was Canonized 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.
  • [Page] Robert de Belismo Summoned to Tryal by Henry 1. His Crimes f. 237. E.
  • He fled and fortified his Castles f. 238. A. B.
  • His Estate and Honors taken from him in England Ibid. E.
  • His great strength and possessions in Normandy Ibid. F.
  • He burnt the Abby of Almanisca and beat Duke Robert f. 239. B. C.
  • Duke Robert made a Peace with him without the Kings know­ledge f. 240. A. B. A
  • His cruelty and inhumanity to such as favoured King Henry Ibid. F.
  • He is impeached and imprisoned by the Kings 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 dyed fighting 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. B
  • Hugh Bigot Burned Norwich f. 318. B.
  • Roger made Earl Mareschal 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. &c.
  • They oppose Augustin and refuse Subjection to Rome. f. 103. D.
  • Their complaint to King Hen. 3. of Injuries offered to the C Church f. 574. B.
  • They are Seconded by the Chapters Ibid. C.
  • They are imposed on by the Pope in the Council at Lyons 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 Popes Demands f. 609. A. D
  • Their offer of money to the King upon Conditions f. 610. F.
  • Their reasons against the Kings Demands for his Expedition into Sicily f. 617. F.
  • They submit to the Kings 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 favor'd Simon Monfort were Excommunicated f. 659. E. E
  • Their Answer to the Kings Demands in the Parliament at St. Edmunds 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 Arch-B [...]shop of Canturbury f. 550. E.
  • His Election voyded by the Pope f. 554. D.
  • Boadicia Barbarously treated by the Romans f. 18. E. F
  • She appears at the Head of an Army and is overthrown by Suetonius f. 20. B.
  • She poysoned her self Ibid. D. E.
  • Bockland what it was f. 66. A.
  • The same with Allodium f. 67. A.
  • [Page] 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 Arch-Bishop of Canturbury f. 577. E.
  • Bordarii who they were f. 206. E.
  • A Brabanters their Victory over the Britans f. 314. F.
  • They Besiege Dole and carry it f. 315. A. B.
  • William de Breteul or Bretevil dyes 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.
  • Brigantes who they were f. 14. F.
  • Britanniae Comes who he was f. 41. D.
  • B His Ensigns, Court and Officers Ibid. E.
  • Britanniae Dux His Ensigns, Garisons and Officers f. 43. D. E. F.
  • The Number of his Forces in his Garisons f. 45. B.
  • The whole Force under his Command f. 47. C. D. E.
  • Britain divided by the Romans into Provinces f. 36. E. F.
  • Discovered to be an Island f. 25. D.
  • Britans send their Ambassadors to Julius Caesar f. 1. E.
  • They endeavor to prevent his Landing f. 2. D.
  • C 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 fighting 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.
  • D 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 Honor him as a God f. 13. D. E.
  • They amazed the Romans with their Habits and hideous Gestures f. 18. C.
  • E 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 Civilized 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.
  • F They conform themselves to the Roman Laws. f. 27. E.
  • [Page]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 Britany 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. A
  • 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 B uncertain f. 93. D.
  • Their Loosness and Debauchery Ibid. F.
  • They were miserably destroyed by the Saxons f. 95. C. D.
  • Their Bishops refuse the Popes Jurisdiction f. 103. A. B.
  • They would not accept Augustin for their Arch-bishop Ibid. E.
  • Britans in France confederate against Henry the Second, but are sub­dued f. 306. E.F. C
  • Britany annext 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 Mens 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 West-Saxons f. 105. E. D
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. 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. F
  • 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.
  • [Page]He returned to Rome through Gallia Ibid. D.
  • His Oblation to Venus Ibid. D.
  • He imposed a Tribute upon the Britains 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.
  • A 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..
  • B 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.
  • C Cassi, who they were f. 10. lin. 2.
  • Cassibelan made General of the Britains 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 obteined it Ibid. C.
  • Cataractus his Character and great Courage f. 15. B. C. D.
  • 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.
  • 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 Kings Great Seal till he was of Age f. 529. A.
  • Of Liberties and Forests granted by King Henry the Third f. 535. B.
  • F Both solemnly confirmed f. 611. B. C.
  • Hugh de Chaumont taken Prisoner by King Richard's Domestic Ser­vants f. 453. E.
  • Earl of Chester threatned 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 Popes Collector f. 543. A.
  • [Page]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. A
  • 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 B Wooll f. 587. F.
  • They compound with King Richard for their Wooll f. 442. C.
  • Clamores Populi what f. 334. E.
  • Gilbert de Clare, Earl of Glocester, 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. C
  • What Security he gives for his good behaviour f. 663. A.
  • Clarendon, Statutes made there by Henry the Second f. 326, &c. and 382. B.
  • Claudius chooseth Britain for his Province f. 12. A.
  • His Victory over the Britains, and is Saluted Emperor f. 13. D. E.
  • His Triumph and the Honors done him f. 14. A.
  • His kind Reception of Cataractus f. 16. C.
  • He was surnamed Britannicus f. 13. F. D
  • 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 Popes Legat 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. E
  • Italian and Roman their yearly Revenues in England f. 592. F. f. 610. A.
  • Clergy-men, Judges and Lawyers in the Conquerors 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 Judgment in Life, or loss of Member f. 215. B.
  • A Canon for their Security against the Rapine of Soldiers F f. 295. A.
  • Their Insolence and Wickedness in Henry the Second's 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.
  • [Page]All the Italian Clergy plundred 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 surprizeth the Witnesses to the Agreement between them Ibid. B. C.
  • A His endeavors 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.
  • B 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.
  • C William de Coleingham his Courage and Fidelity f. 511. lin. 4.
  • Comes, a Title of great Honor 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 German 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 D 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.
  • E They choose the Kings 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.
  • F His insolent Answer to the Kings Justiciary f. 531. lin. 3.
  • He and two more Executed Ibid. A.
  • Constantius Clorus sent into Britain against Carausius f. 32. A.
  • He burnt 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.
  • [Page]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. A
  • 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. Albans f. 487. E.
  • At Reading f. 490. B.
  • At St. Pauls, 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. B
  • Of the Great Men at Westminster f. 529. E.
  • Vid. Parlement.
  • Conveyances of Land where entred f. 79. C.
  • Philip de Covel made Sheriff of Middlesex by Henry the Third f. 654. A.
  • Council of Bishops called at Hartford by Arch-bishop Theodore f. 106. D.
  • At Hatfield at the Command of four Kings Ibid. E.
  • At Becanceld where King Withred presided f. 107. C.
  • The Acts of it subscribed by Women Ibid. C
  • At Cloveshoe where Elthelbald presided f. 108. A.
  • A second there, where Arch-bishop Cuthbert presided Ibid. C. D. E.
  • At Winchester where Tithes were setled 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. D
  • At Roven f. 247. F.
  • At Rhemes under Pope Calixtus f. 250. B.
  • At Westminster under Anselme f. 257. F.
  • At Troyes 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. E
  • At Northampton by Ottobon the Legat f. 659. E.
  • At Westminster called by the Popes Legat 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 Arch-bishop of Canterbury f. 414. D.
  • At York by Arch-bishop Hubert f. 458. D. F
  • At Reading by Jo. Ferentin the Popes Legat f. 475. D.
  • Court of Guard whence it came f. 4. F.
  • Leet and Baron whence derived f. 55. A.
  • Courtesie of England what f. 175. A.
  • From whom brought f. 71. F.
  • [Page] Croyland Abby plundered by the Danes, the great Treasure found in it f. 114. E.
  • Cross, The Controversie between the Arch-bishops 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.
  • A They that refused to pay were imprisoned Ibid. E.
  • Cuneus, what it signifies in a Military sense f. 47. E. F.
  • Cunobelin made Governour of the Trinobants f. 11. A.
  • John de Curcy, sets upon Ulster, took Doun, and obteined a great Vi­ctory over Roderic f. 366. B. C. D.
  • He entred into an Alliance with Amoric de S. Laurentio f. 367. A. B.
  • His second Battel with the Irish at Fern Ibid. E. F.
  • B His third and fourth Battels 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.
C
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. D 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.
  • 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.
  • F 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.
  • [Page] Deans rural, who they were f. 537. F.
  • Dermot Fitz-Murchard, Prince of Leinster, ravish'd Prince Ororic's Wife f. 350. E.
  • He was driven out of his Country, and came to implore the King of Englands Assistance Ibid. F.
  • He obteined the Kings Letters Patents f. 151. A.
  • He gave large Promises to the English to assist him Ibid. C. D. A
  • 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. 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, Abbat 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. C
  • Disinherited vid. Barons, Such as had no Lands how punished f. 659. A.
  • Ditches of Defence where usual cast up f. 87. B.
  • Devils Ditch where, and its extent f. 86. D.
  • Domesday Book, by whom made, and in what Method f. 205. A, &c.
  • Why so called, and how Towns and Maners were entred f. 206. and 207. A.
  • Donald O Bren breaks his Oath to Henry the Second f. 363. A.
  • He besieges Limeri [...] f. 364. A. D
  • 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. E
  • He was treacherously slain f. 223. E.
  • Dunstan enjoyned King Edgar seven years penance for forcing a Nun f. 121 F.
  • Dunwich made a Bishops See f. 105. C.
E.F
  • EAdbald, Son to Ethelbert, relapseth to Paganism, but is again con­verted by Laurentius f. 104. B.
  • Eadmer, Chaplain to Arch-bishop Lanfranc, elected Arch-bishop of St. An­drews in Scotland f. 268. D.
  • He ws rejected for his haughtiness Ibid. E.
  • [Page] 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 Controversie 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.
  • A His Justice and Sobriety Ibid.
  • His great Strength at Sea Ibid. D.
  • He enjoyned the Welch 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.
  • B 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 Arch-bishop of Canturbury f. 559. D.
  • He opposed the Popes Legats Demands, but at length consented to them f. 575. E.
  • C 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.
  • D 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.
  • E His unkindness to his Mother, and Marriage with Earl Good­wins 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 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.
  • [Page]His return into England, and adhered to the Barons 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. A
  • 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 B 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. C
  • He puts it in Execution f. 619. A.
  • Ely Isle defended against William the Conqueror f. 196. C. D.
  • The Abbat and Monks submit upon Terms Ibid. E. F.
  • The Bishopric erected out of Lincoln f. 264. lin. 2.
  • The Churches 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 Legat f. 426. A. D
  • He made the Ditch about the Tower of London Ibid. B.
  • He levied an Aid for the Kings 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 Kings Bro­ther f. 429. A.
  • His haughtiness Ibid. B.
  • He imprisoned Geofry Arch-bishop of York f. 432. E. E
  • He was summoned to appear in the Kings Court, but refused Ibid. F.
  • A Skirmish between his, and Earl Johns Retinue f. 433. A.
  • He was charged with great Misdemeanors, and deposed from his Chancellorship Ibid. B. C.
  • The different Characters of him f. 434. A. B. C.
  • His Bishopric seized to the Kings use Ibid. F.
  • He hath only the Character of the Kings Messenger f. 437. C. F
  • Ely Isle taken and plundred, 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.
  • [Page]Divided into Shires, Hundreds and Tythings f. 116. E.
  • English Church Government Independent of the Roman See f. 88. A.
  • The Popes 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.
  • A Ermin-street f. 49. lin. 2.
  • Henry de Essex his Cowardise 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.
  • 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.
  • C 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 easie 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. D 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.
  • E 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 sate there Ibid. C.
  • F 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 A 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. B
  • Fees when first Hereditary f. 81. B.
  • When and by whom made Servile f. 156. B.
  • They were Originally Military Ibid. C.
  • Three sorts called Tenure in Capite f. 157. lin. 1.
  • Military upon what account granted Ibid. A.
  • To what forfeitures they were subject Ibid. C. D. E.
  • Feudal Tenures, from whence they arose f. 56. D.
  • Feudal Law, not written till Frederic the First f. 72. F. C
  • It obteined in France and Germany f. 73. F.
  • How and when it might be relaxed f. 160. A.
  • Feudal Investiture f. 203. F.
  • Fines levyed in County Courts f. 146. B. C.
  • Flemmings removed into Wales by King Henry the First f. 246. D. E.
  • They desert King John f. 510. F.
  • Folkland, what it was fol. 66. A.
  • William Foret seized Biham Castle, and plundered the Country fol.D 529. D.
  • Pope Formosus, His Letter to King Alfred suspected to be a Fogery f. 90. E. 91. B.
  • William de Fortibus, vid. Albamarle.
  • Fosse way, where f. 49. lin. 2.
  • France Interdicted f. 463. C.
  • Francs, who they were, and where they dwelt. f. 60. E.
  • They Married not their Daughters, without their Kings consent E f. 73. D.
  • Their Children brought up in the Kings Court Ibid. E.
  • Frederic, Abbat of St. Albans with many others take refuge in the Isle of Ely f. 196. B. C.
  • Frederic the Emperour Married Isabel Sister to Henry the Third fol. 562. F.
  • He summoned a meeting of all Christian Princes f. 567. C.
  • He was excommunicated by the Pope f. 572. C. F
  • French, they refuse to joyn with King Richard in the Seige of Jeru­lem f. 431. E.
  • The Nobility Arm themselves one against another f. 544. C.D.
  • They refuse to submit to the Queen Regent, and leave the Court Ibid. E.
  • [Page]Free-men in Germany, who, and their Condition f. 83. E.
  • They were constantly bound to their good behaviour under the Saxons Ibid. F.
G.
  • AGAfolland, 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.
  • B Their Complaints to the King against him Ibid. F.
  • They repeat their Complaints by solemn Messengers fol. 607. A. B.
  • Prince Edward made their Governour f. 608. A. B.
  • English Affairs there in an ill Condition f. 610. C.
  • They crave the King of Englands Assistance f. 611. D.
  • Gavelkind, what it was f. 165. C.
  • Geofrey, Son to the Earl of Anjou, Married to Maud the Empress f. 254 B.
  • C He was sent for into England by his Wife, but delayed his coming f. 288. A. D.
  • He gave Anjou to his Son Geofry by Will f. 299. F.
  • An Agreement between him and Henry the Second his Brother f. 300. B.
  • Nants chose him for their Lord. His Death Ibid C.
  • Geofry, Son of Henry the Second, doth Homage to Philip Son of King Lewis of France for Britany f. 307. D.
  • D He received the Homages of the Barons of Britany Ibid. E.
  • He was Knighted by his Father f. 333. C.
  • He did Homage to his Elder Brother Henry f. 338. E.
  • He was slain in a Military Conflict f. 341. E.
  • His Wife left with Child of Prince Arthur Ibid.
  • Geofry Bishop of Ely died Intestate, and his Estate seized by King Ri­chard f. 420. F.
  • Geofry, Elect of York, appealed by the Bishops of Salisbury and Durham E f. 424. B.
  • His Election confirmed by the Popes Legat, and he restored to his Arch-bishopric by King Richard Ibid. C.
  • Appeals against him released f. 424. E.
  • His Oath to King Richard f. 425. F.
  • He breaks his Oath f. 432. D.
  • He was imprisoned by the Chancellor, and released by Earl John Ibid. E. F.
  • F He outbad the Chancellor for Sheriffwics f. 441. F.
  • He is reconciled to the Chancellor f. 444. B. C.
  • The Canons of York complain against him to Hubert the Ju­sticiary f. 445 D.
  • He was disseised of his Maners Ibid. F.
  • He paid 2000 Marks to the King, and was reconciled to him f. 447. E.
  • [Page] Geofry Arch-deacon of Norwich deserts King Johns Service fol. 480. E.
  • His punishment Ibid.
  • Geofry Fitz-Peter made Justitiary of England, by King Richard fol. 450. A.
  • He sent forth Itinerant Justices f. 455. F.
  • Maurice Fitz Gerald Landed at Wexford in Ireland with great Forces f. 354. D. A
  • German and French Laws when first composed f. 60. lin. 1.
  • They refused to admit of any Laws, but their own f. 62. A.
  • How they valued mens lives f. 63. lin. 3.
  • How they valued their Cattle and Grain f. 64. A, &c.
  • What punishment they inflicted on persons insolvent Ibid. D. E.
  • What was their rate for all sorts of faults and mulcts Ibid. F.
  • How they purged themselves when accused f. 65. A. B
  • Their Tenures agreeable to the Saxons f. 71. B.
  • Their Habiliments of War went with the Land Ibid. D.
  • Their Tenures Feudal f. 72. B.
  • They held their Courts twice in a year f. 74. B.
  • The Bishop and Earl sat together in their Courts f. 74. D.
  • What Matters triable in their Hundred Courts f. 75. C. D.
  • How they forced an Appearance f. 76. C.
  • A Form of their ancient Judgment f. 77. D. E. F. C
  • 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. D
  • 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. E
  • 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. 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.
  • [Page] Goisfrid Bishop of Constance Chief Justiciary of England f. 151. C. D.
  • Gothrun King of the Danes converted to Christianity f. 115. B.
  • Northumberland granted to him by Elfred Ibid. C.
  • Gratian otherthrown and slain by Maximus f. 37. D.
  • John de Gray Bishop of Norwich, chosen by the Monks Arch-bishop of Canturbury f. 474. E.
  • The Suffragans oppose his Election f. 475. A.
  • A The Pope gave sentence on the Monks side Ibid. B.
  • His Election nulled by the Pope f. 476. A.
  • Walter de Gray chosen Arch-bishop of York, and gave 10000 l. for his Pall f. 405 C.
  • He was made Governor of England by Henry the Third f. 583. E.
  • Gregory the Ninth made Pope f. 540. A.
  • He voided and confirmed Elections of Bishops at his pleasure B f. 542. B. C.
  • A Tenth of all Moveables granted and paid him in England and Ireland Ibid. E. F.
  • His Policy to get Money from the English f. 565. D.
  • He Excommunicated Frederic the Emperor f. 572. C.
  • He and the Conclave chose Robert Brother to Lewis King of France, Emperor f. 573. F.
  • His Demands of the Abbat, and Convent of Burgh f. 577. C.
  • 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.
  • D 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 Legat ever the Pope sent into England f. 256. E.
  • Baldwin de Gysnes Governor of Monmouth Castle defeated by Richard Earl Mareschal f. 557. A.
E
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.
  • F Harde-Cnute made King by the English and Danes f. 130. B.
  • He laid a great Tax upon the Nation f. 130. C.
  • His sudden Death Ibid. D.
  • Harold sent into Normandy by the Confessor to do Fealty to Duke William f. 135. B.
  • [Page]His Promise to Duke William to Marry his Daughter, and to secure the English Crown for him Ibid. D. E. F.
  • He was Crowned King by Aldred Ibid.
  • His Answer to Duke Williams Messengers f 136. A.
  • His success against his Brothers, and other Enimies Ibid. B. C.
  • He was overthrown and slain by Duke William f. 137. B.
  • His Sons invade England f. 194. C.
  • Hasculf attempted to regain Dublin f. 357. C.
  • He was repulsed, taken and beheaded Ibid. D.
  • Helena, mother to Constantine, who she was f. 33. A. B. A
  • 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. 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. C
  • The great men of Normandy invite him thither f. 240. C.
  • He setled Peace among them, and rebuked his Brother Ibid. D. E.
  • His second Expedition into Normandy, and success there a­gainst Duke Robert his Brother f. 241. A. B. E. F. and f. 242. C.
  • He sent his Brother Robert Prisoner into England f. 243. A.
  • He resumed his Fathers Lands in Normandy Ibid. B. C. D
  • His Justice upon all Out-rages, Rapes and Coyners f. 244. C. D.
  • His Success against the Earls of Montfort and Anjou fol. 245. C D. F.
  • A Peace made between him and the King of France f. 246. A.
  • He made a Compleat Conquest of Normandy Ibid. B. C.
  • He destroyed his Enemies Towns and Castles there, and over­threw Lewis King of France f. 248. D. E. F.
  • Pope Calixtus moved him in behalf of his Brother Robert, E 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 f. 254. E. F.
  • His Clemency and Bounty a little before his Death fol. 255. B.
  • He named his Daughter Maud his Success or Ibid. C.
  • His kindness to the Clergy, and rigor to Seculars Ibid. E.
  • His quarrel with Anselm about Investitures f. 257. A. B. E.
  • [Page]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 Arch-Bishoprick of Canturbury five years in his hands after Anselm's death f. 265. E.
  • He would not prefer any English Man f. 266. l. 1.
  • He would not suffer a Legat to come into England until desired A 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 B 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 C by King Stephen Ibid. D. F.
  • His Son Henry born f. 299. B.
  • His Great Men swear Fealty to his Son William Ibid.
  • He Subdued the Welch and received their Homage Ibid. C. D.
  • He was absolved his Oath to his Brother Geofry by Pope Adrian f. 300. A.
  • The Agreement between him and his Brother Ibid. B.
  • Nants Surrendred to him by Conan Earl of Britany Ibid. E.
  • D And several other Castles yielded and taken Ibid. F.
  • He claimed the Earldom of Tholouse f. 301. B.
  • His Expedition to persue his Title and Success Ibid. D. E. & f. 302. A. B.
  • A Truce between him and the King of France Ibid. D.
  • The Number and Pay of his 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 E 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.
  • F They burn each others Towns, but came to a Trucé f. 306. A. 307. A.
  • He subdues the Rebellious Poictovins, Aquitans, and Britans 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.
  • [Page]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
  • A general Insurrection against him in France. f. 314. A.
  • He routed the King of France, and reduced his Rebellious Bri­tans 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 Sons designs f. 319. B. 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 C 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 Welch Kings and their Nobility do him Homage Ibid. F.
  • He appeals from the Legat to the Pope f. 331. C. D.
  • Articles of Agreement between him and France f. 332. A. &c.D
  • The Oath he put upon the Legat 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. E
  • He appointed an Assise 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 F the War f. 343. A. &c.
  • Articles concerning such as had undertaken, and such as refused the Cross f. 344. A. &c.
  • 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.
  • [Page]His Son Richard with the King of France entred 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. &c.
  • He recalled his English Subjects from thence f. 357. A.
  • He Landed at Waterford with a great Army f. 359. E.
  • A 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 B 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 Arch-Bishop of Canturbury Ibid. B. C. D E. F.
  • His Edict against such as should bring Letters of Interdiction f. 396. D.
  • C How Appellants to Rome were punished Ibid. F.
  • His Answer to the Popes Letter in behalf of the Arch-Bishop f 397. E. F.
  • His Kingdom threatned 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 Arch-Bishop of York exasperated him against the Arch-Bishop of Canturbury Ibid. F.
  • D How his Envoys were received at Rome f. 408. A. B.
  • His Expence 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. &c.
  • 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. E 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 rec [...]ived the Homages of the Bishops and Earls. Ibid.
  • A T [...]uce between him and Prince Lewis f. 524. B.
  • A Peace concluded between them. The Form of it f. 527. B. C. D.
  • F 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.
  • [Page]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 Tenents 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 A Cornwall Ibid. E.
  • H [...] appointed 12 Knights to set the number and bounds of Forests f. 536. D. E.
  • He forbad the Prelates obliging their Lay-Fees to the Pope f. 538. C. D.
  • He Fined the Londoners and Cancelled the Charters lately granted f. 539. D. F.
  • A great quarrel between him and Earl Richard f. 540. D. E. B
  • 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 disadvantagious Peace with the Welch 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 Move­ables 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. C
  • An Enterview 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 Britans, 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 Tenents f. 546. A.
  • He was disswaded from marrying the King of Scots Sister f. 547. E.
  • His Great Men deny him an Aid f. 548. A. B. D
  • 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 Moveables 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. E
  • His Military Tenents that refused to obey his Summons treated as Traytors f. 555. C. D.
  • He broke his promise to Richard Earl Mareschal 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. F
  • He reformed 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 Brittan f. 562. A.
  • He married Alienor Daughter to the Earl of Provence f. 563. A.
  • [Page]He removed several Sheriffs and Court Officers f. 564 D. E.
  • His Chancellor refused to deliver up the Seal Ibid. F.
  • He endeavored to void such Grants as wanted the Popes con­firmation f. 565. A.
  • His gracious Offer and Demand f. 566. A.
  • A thirtieth part of all Moveables granted, and the condition upon which it was to be paid Ibid. E. & f. 567. lin. 1.
  • A 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 Emperors complaint against him f. 574. C.
  • He owned himself the Popes Feudatary Ibid. D.
  • He countenanced Papal exactions on the Clergy. f. 576. B.
  • 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 disswaded by the Parlement. 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.
  • C The Earl of March deserted him f. 585. D.
  • He was put to great streights 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.
  • 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 redr [...]ssed Ibid. C. E. F.
  • A new Government projected for him f. 591. B.
  • His promise to the Great Men Ibid. E.
  • E Articles of Agreement between him and the King of Scots f. 592. A.
  • His success in his Expedition against the Welch f. 593. F. & 594. A.
  • He first prohibited, and then consented to the Popes 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 F them to correct what was amiss f. 601. A.
  • His Speech to the Parlement Ibid. C.
  • He was constrained to sell his J [...]wels and Plate Ibid. D. E.
  • His wants forced him to ask Money of his Subjects f. 602. B. C. D.
  • He and s [...]veral of the Nobility undertake the Cross f. 603. B.
  • He retrenched the Expence of his Houshold f. 604. E.
  • [Page]His Daughter Margaret married to Alexander King of Scots f. 606. B.
  • The Pope sollicited him to assist the King of France Ibid. D.
  • Simon Montfort Earl of Leicester gave him the Lye f 607. E.
  • The Great Men take his part against him f. 609. D.
  • His want of Money reduced him to great streights f. 610. D.
  • A tenth of all Church Revenues for three years, and a Military A Aid of three Marks granted him f. 611. A. B.
  • His Expedition into Gascoigny and success Ibid. D. E.
  • His Message to the Parlement 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 Expences of his Expedition. f. 613. B.
  • He asked Money of his Great Men, but was denied f. 614. A. B
  • His journey into Scotland to remedy his Daughters 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. C
  • 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 Popes power Ibid. D.
  • What he granted the Barons in the Parlement at Oxford f. Ibid. E. F.
  • Why he l [...]ft out the Titles of Duke of Normandy and Anjou D f. 635. C.
  • He employed the Treasure in the Tower to repair it f. 636. D.
  • False Stories report [...]d 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. E
  • 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. F
  • 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. &c.
  • [Page]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 endeavors to reconcile Simon Montfort and the Earl of Glocester 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 A 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 Parlement 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.
  • B 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.
  • C Church Affairs in his Reign f. 668, 669, &c.
  • 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, D 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 E 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.
  • 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.
  • [Page]He and Geofry con [...]ederate against their Father f. 339. A.
  • [...]e undertook the Cross against his Fathers 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. A
  • Henry Bishop of Winchester King Stephens Brother made Legat 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. B
  • He deserted the Empress and adhered to King Stephen f. 285. F.
  • His complaint against the Empress, and design to ruine her f. 287. B.
  • He deposed her, and Excommunicated her Friends Ibid. D.
  • His Repentance, and labors 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 surrendred Britany to the French, and turn'd Pyrate C f. 562. C. D.
  • Henry of Bath Justiciary of Henry 3d accused of Bribery, &c. 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. D
  • He made his escape f. 197. A.
  • Herlot the Popes 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 dwelt f. 35. C. D.
  • Hidage what it was f. 204. B.
  • Hingnar and Hubba, two Leaders of the Danes f. 113. D. E
  • Honor 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 Legat 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 dwelt f. 26. D. F
  • Hubert Bishop of Salisbury accompanied King Richard to the Holy Land f. 428. l. 1.
  • He was Elect [...]d Arch-Bishop 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 Popes Legat f. 447. E.
  • [Page]He desired to be eased of his Justiciariship, but was denied f. 448. B.
  • What he raised in England in two years for the Kings 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 Popes Letter f. 450. A.
  • 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 Mens complaint against him f. 533. A.
  • B 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 Kings 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 C Clercs f. 549. A.
  • He is removed from his Office and charged with great crimes fol. 550. A, &c.
  • 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.
  • D He endeavored 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.
  • E 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 Legat into England at Henry 2d his request f. 415. A.
  • He reconciled the two Arch-bishops, and gave the King leave to implead Clercs Ibid. B.
  • Hugh de Abrincis made Earl of Chester f. 200. D. E.
  • F 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.
  • Huntington 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 Richards 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. A
  • 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. B
  • Image-Worship when first used in England f. 109. l. 4.
  • It was wrote against by Alcuni Ibid. A.
  • Ina King of the West-Saxons his Ecclesiastical Laws f. 107. B.
  • He granted Peter-Pence 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 Sollicited the Kings of England and France to relieve the Holy Land f. 470. C. D. E. C
  • His Letter to King John to receive Stephen Langton Arch-Bishop of Canturbury f. 476. C.
  • His Reply to King Johns Letter f. 477. A.
  • He threatned 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. D
  • His zeal to have him dethroned Ibid. D. E.
  • King John put himself under his Protection f. 501. B. C.
  • He voyded 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. E
  • 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 Arthurs 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. F
  • He sent Martin to be his Legat in England f. 589. A.
  • His Grant to English [...]atrons of Benefices f. 593. F.
  • He imposed upon the English Bishops at Lyons 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.
  • [Page]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 Friers 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 Burdeux f. 604. C.
  • A 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 Lay-men f. 231. A. 256. D. E..
  • Forbidden by the 2d Lateran Council f. 294. A.
  • B Denyed to Hen. 1. by Arch-Bishop Anselm f. 259. B.
  • Joanna Sister to Hen. 3. married to Alexander King of Scots f. 530. B.
  • Her Joynture 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.
  • C 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 Richards kindness to him f. 420. E.
  • His Oath to him f. 425. F.
  • His joy at King Richards imprisonment, and contrivance to se­cure the Crown of England to himself f. 432. A.
  • D He was reconciled to the Chancellor by the Bishops mediation Ibid. B. C.
  • He received the Fealties of the Londoners as King Richards heir f. 433. D.
  • The Pope wrote to the Bishops to excommunicate him and his followers, but they refused f. 434. E. F.
  • His endeavors to restore the Chancellor opposed by the great men f. 435 B.
  • E 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 F his possessions in England Seized f. 440. E. F.
  • He and his followers excommunicated f. 441. A.
  • His Castles taken, and judgment 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.
  • [Page]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 Richards 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 A 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. B
  • He denied the King of France his Demands Ibid. F.
  • He made a legal Assise 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. C
  • His Success in Poictou, and a Truce for two years agreed fol. 475. C. D.
  • He caused a thirtieth part to be levyed 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 threatned to interdict him f. 477. C. D. D
  • His condescention to receive Steph. Langton Arch-bishop Ib. F.
  • He threatned 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. E
  • He received the Homages of all above 12 years old Ibid. B.
  • He seized on the Bishopric of Lincoln, and forced all Church-men 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 discoved Ibid. D. E. F
  • 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. &c.
  • [Page]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 Bishops Damages Ibid. B. 491. C.
  • His great men refuse to obey his Summons Ibid. D.
  • His Endeavors to reduce them hindred by the Archbishop A 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.
  • B He would have fought Prince Lewis but his Barons of Poictou refused f. 493. A. B.
  • His English Barons Confederacy and Demands 494. A. &c.
  • Homage renewed to him in England, and he was Signed with the Cross f. 495. A.
  • He refused to grant his Barons Demands Ibid. F.
  • They most of them desert him f. 496. D.
  • His grant of Magna Charta and Charta de Forestea f. 497. C.
  • 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
  • D He again put himself under his protection f. 501. B. C.
  • He made the Pope Ʋmpire between him and his Barons and owned his Kingdom to be St. Peters Patrimony f. 502. A. B.
  • Rochester Castle Besieged and yielded to him f. 503. A. B.
  • He wasted his Rebellious Barons 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.
  • E His Envoys argument for him before the Pope against Prince Lewis his Commissioners f. 512. A. &c.
  • 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 Dyed Ibid. D. E. F.
  • He was joyfully received at Lyn, and gave them a Cup and the Sword from his side f. 516. C.
  • F He lost all his Carriages and Regalia in the Washes Ibid.
  • He was taken ill of a Fever and Dyed at Newark f. 517. A.
  • He caused the English Laws and Customes 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.
  • [Page] John, Prior of Canturbury, chosen Arch-bishop by the Convent fol. 549. C.
  • He went to Rome and renounced his Election Ibid.
  • Frier 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.A 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 Lacy f. 371. B.
  • The Chief Adventurers in the Conquest of them f. 375.376. B
  • 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 setled 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. C
  • 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 Barons 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. D
  • 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 Kings Bench, and Common Pleas, by whom appointed Ibid.
  • Justices Itinerant, by whom sent f. 446. A. E
  • William Kele, a Mediator between Henry the Third and his Barons f. 566. A.
  • Kenelworth Castle stood out against Henry the Third f. 655. C.
  • Their barbarous usage of the Kings Messenger f. 656. D.
  • The Kings Clemency to the Defendants after it was taken f. 657. D.
  • Dictum de Kenelworth, where and upon what account made f. 658. A. &c.
  • Kent given to Hengist the Saxon by Vortigern f. 94. D. F
  • Kentish-men of their own accord submit to the Conqueror f. 189. E.
  • They attempted Dover Castle but were beaten f. 192. A.
  • Knight-hood, when first instituted f. 56. A.
  • All that had 10 l. per Annum forced to receive the Order f. 620. lin. 4.
  • [Page]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.
  • A They had their expences allowed Ibid. B.
  • Three in every County summoned by the Barons to meet at St. Albans f. 637. F.
  • Four summoned in every County to meet the King at London f. 642. F.
B L.
  • HUgh de Lacy made Governor of Dublin by Henry the Second fol. 360. F. 370. C.
  • He was revoked, and soon after restored f. 371. D.F.
  • He was discharged f. 372. A.
  • His Prudent Management and Government of the Irish fol. 371. C.
  • C His Death f. 374. A.
  • Lands how transferred before the Norman Conquest f. 204. lin. 1.
  • When first by Writings and Sealing Ibid. A.
  • Lanfranc, Arch-bishop of Canturbury, his Controversie with Odo Earl of Kent, for Land belonging to Canturbury f. 140. A. B.
  • He pleaded his own Case, and recovered his Lands Ibid. D.
  • He presided in many Councils f. 215. A.
  • The Controversie between him and York about Primacy de­termined D on his side f. 214. A.
  • Stephen Langton chosen Arch-bishop of Canturbury f. 476. B.
  • He and other Bishops supplicate the Pope against King John f. 483. B.
  • He pronounced the Sentence of Deposition against him, and en­couraged Philip King of France to execute it f. 484. A. B.
  • He hindred King John from reducing his Barons f. 488. A.
  • He confederated with them against the King Ibid. C. D. E.
  • E He is offended at the Popes Legate f. 490. F.
  • He was the Head of the Barons Conspiracy f. 495. D.
  • He was suspended for Disobedience to the Pope f. 503. F.
  • He is absolved f. 507. C.
  • He and the Great Men demanded a Confirmation of their Liber­ties of Henry the Third f. 531. D.
  • He Excommunicated Falcasius and his followers f. 534. D.
  • His Decree against Priests Concubines f. 536. F.
  • F His Death f. 541. B.
  • Simon Langton his insolent reply to King John f. 478. E.
  • He was chosen Arch-bishop of York, but refused by the Pope f. 504. C.
  • He was made Chancellor to Prince Lewis f. 510. D.
  • He was excommunicated by Walo the Popes Legat Ibid. E.
  • [Page] 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. A
  • 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, &c.
  • The Practice alike in both places f. 179. D. &c.
  • Of England not carried into Normandy by the Confessor fol.B 180. B. C, &c.
  • Canon Law when first brought into and used in England f. 296 E.
  • Laws against Robbers of Warrens and Parks f. 594. C.
  • Lawrentius succeeds Augustin in the Arch-bishopric of Canturbury fol. 104. A.
  • Popes Legats, none here before the Conquest f. 88. A.
  • Not received in England before Henry the First f. 256. E.
  • None to be sent hither, but upon the Kings request f. 268. A. C
  • An Oath put upon one by Henry the Second f. 333. D.
  • Legion, how many men it consisted of f. 2. F.
  • Pope Leo the Ninth, his Letter to Edward the Confessor suspected fol. 91. C. D.
  • Leofric Earl of Mercia opposed Earl Goodwin f. 132. D.
  • Lewellin Prince of North Wales besieged Buet Castle without success f. 530. A.
  • He bound himself by his Charter to satisfie for damages done to D 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 E f. 641. D. E.
  • Lewis King of France invaded Normandy f. 248. D.
  • He was overthrown by Henry the First Ibid. F.
  • His complaint of King Hen. in the Council at Rhemes f. 250. D.
  • He was divorced from his Queen f. 291. D.
  • His hatred to Henry the Second f. 311. E.
  • His kindness to the Rebellious Sons of Henry 2d f. 313. C. D.
  • He was routed by King Henry, and hindred a peace between F him and his Sons f. 214. D. E. 215. F.
  • Articles of Agreement between King Hen. and him f. 332. A, &c.
  • He came into England to visit St. Thomas his Tomb f. 335. A.
  • His kind reception by King Henry and beneficence to the Monks Ibid.
  • [Page]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.
  • A He was joyfully received by the Londoners and Barons f. 51 [...] A.
  • He was excommunicated by Walo the P [...]pes [...]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.
  • B 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 Succors sent him by his Wife beaten and taken Ibid. E. F.
  • The form of Peace between him and Henry 3d. f. 527. B C D.
  • He borrowed Money of the Londoners and left England Ibid. E.
  • His Answer to King Henry's demands of Normandy f. 532. F.
  • He gained Rochell by his Money f. 534. l. 1.
  • C His death, and Cor [...]nation of his S [...]n Lewis f. 539. C.
  • His designs to Invade Britany defeated f. 546. E. F.
  • His preparation against Henry the 3d. f. 584. l. 1.
  • His concern for his Fathers 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. [...].
  • D 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 proceedings f. 648. B.
  • His kind Invitation and bountiful Offer to Prince Edward f. 665. A.
  • E His Death at Tunis Ibid. F.
  • Robert Earl of Leycester came into England with an Army of Flemmings f. 315. F.
  • He was defeated and taken Prisoner by Humfry 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- [...]and f. 428. E.
  • John de Lexinton prohibited the Clergy from paying any Contributions F 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 Honor granted to William de Braiosa by King John fol. f. 518. A. B.
  • [...][Page]His destruction contrived by the Kings 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 Honors Ibid. E.
  • He was refused entrance into the Kings Pallace, and received a severe Reprimand from the King f. 571. F. A
  • 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 antiently kept f. 209. E.
  • Geofry Marsh his Treachery to Richard Earl Mareschal f. 560. A. B.
  • Geofry Martell Earl of Anjou opposed Duke William, but without suc­cess f. 187. A. B
  • Martin sent Legat 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 Conquerors Wife Crowned by Arch-Bishop Aldred f. 193. C.
  • Maud the Empress Daughter to Henry the First returned into England f. 253. F. C
  • The Great Men Sware to make her Queen after her Fathers 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. &c.D
  • 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 Legat 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 Legat deserted her Ibid. E. F.
  • Milo of Glocester his faithfulness and kindness to her fol.E 286. A. B.
  • Her ruine contrived by the Legat 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. F
  • 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.
  • Abbat of Medeshamstede not Legat in England in King Ecgfrids Reign f. 89, 90.
  • [Page] Meiler Eminent for his Courage and Conduct in Irish Engagements f. 359. A. 363. C.
  • Melitus Ordained a Bishop by Augustin f. 103. E.
  • Vicount 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.
  • A 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 Domesday f. 70. B.
  • The Service called Free service f. 71. A.
  • How much the Member of one Fee was f. 166. A.
  • B Milites called Liberi homines f. 70. F.
  • They only served upon Juries Ibid.
  • Milo of Glocester a constant Frind 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 perswaded Lewis King of France to make War with him f. 249. B.
  • He is reconciled to King Henry f. 251. A.
  • C Simon Montfort a great Favorite of King Henry 3. f 568. B.
  • He maried 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.
  • D 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 E Ibid. F.
  • He treated them very rigorously f. 607. lin. 1.
  • The Gascoigns repeat their Complaints against him, and desire a Tryal Ibid. A. B. C.
  • Earl Richard stood his Friend Ibid. D.
  • He Impudently gave the King the Lye Ibid. E.
  • He was supported by the Great Men Ibid. F.
  • He returned into Gascoigny f. 608. A.
  • F 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 sawcily 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.
  • [Page]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 inflam [...]d the People against the King by false reports fol. 645. F. A
  • 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 Glocester f. 649. F.
  • He was overthrown by Prince Edward and slain f. 652. C. D. B
  • His Character by Rishanger f. 653. A.
  • A discovery of his Villanous practices f. 653. A.
  • None to call him Saint f. 659. B.
  • Simon Montfort His Son submitted himself to the Kings pleasure f. 655. A. B.
  • Morcar taken Prisoner f. 197. A.
  • Morgages, where entred f. 79. C.
  • Registred in Counties and Hundreds. f. 146. A. B.
  • William Earl of Mortain demanded the Earldom of Kent of Henry C the First f. 241. F.
  • He joyned 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. D
  • 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 German Laws, when first used in the English Laws f. 62. E.
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. F
  • He was invited by the King to resume his Office of Chancellor, but he refilsed f. 572. B.
  • He was received into the Kings favour. f. 583. E.
  • Newcastle, when and by whom built f. 202. D.
  • Nicholas Bishop of Tusculum sent Legat into England f. 489 A.
  • He took an estimate of the Clergies Damages Ibid. B.
  • He was accused as a favorer of King John Ibid. C.
  • [Page]He filled all vacant Churches f. 490. D. E.
  • His Opposition to the Arch-bishop 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 Bishoprick f. 602. D.
  • Nobility, vid. Barons
  • A 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. &c.
  • Who antiently were their Judges f. 163. A.
  • B What their Exchequer was f. 167. D.
  • How the English were treated by them after the Conquest fol. 192. B. &c.
  • 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 Roberts Title f. 235. C. D.
  • They petition King Hen. 1. to come into Normandy f. 240. C.
  • C They set up William Duke Roberts 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 Arch-Bishop of Roven, and the Occasion D f. 453. D.
  • The Int [...]rdict released f. 454. C.
  • Again Interd [...]cted by the Legat 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 Citizens fol. 666. D. E.
  • The Cathedral burnt and the Citizens punished and fired E Ibid.
  • Nottingham plundred and burnt f. 318. D.
  • Robert Nunant refused to be Pledge for King Richard f. 440. A.
  • Judgment given against him f. 442. A.
  • He is reconciled to the King, and pardoned f. 447. E.
O.
  • FOAth of Confederaoy of the Barons f. 629.
  • Oaths, how and when administred 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 Legat into France f. 467. A.
  • [Page]He admonished King Philip to receive his Queen Ibid. B. C.
  • Odo Bishop of Baieux the Conquerors 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. Albans Monastery, and gave Peter-pence to Rome A f. 109. A. B.
  • Ordeal, what it was, and the Tryal 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. &c.
  • Ordovices who they were f. 15. F. B
  • 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 Lacy f. 361. B. C.
  • His death Ibid. D.
  • Osculum pacis, what is was f. 537. E. C
  • Ostorius sent Lieutenent into Brittain by Claudius f. 14. B.
  • A Triumph Decreed him at Rome f. 16. D.
  • He died with Grief f. 17. B.
  • Otho sent Legat into England f. 537. B.
  • He declared to the Bishops the Popes 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. D
  • Hugh Oto made Governor of London by Henry the 3d. f. 654. B.
  • Otto came Legat 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 Kings re­quest E 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. F
  • Ottobon sent Legat into England f. 654. C.
  • He Excommunicated such BPS. as favored 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 Welch Kings for Murder f. 100. F.
  • Oxford Interdicted by Otto the Legat f. 570. E.
  • [Page]On what conditions released Ibid. f.
  • A great difference between the Scholars and Towns-men f. 575. lin. 2.
  • Oxgange What it was f. 141. f.
A
P.
  • PAgi what they were and are f. 55. C.D.E.F.
  • Pall what f. 102. F.
  • Pandulph sent Legat into England f. 483 F.
  • He affrighted King John into a compliance with the Pope f. 484. E.
  • B 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.
  • 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.
  • 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.
  • E 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.
  • F What Ordinances made there f. 627. E. F.
  • Three to be held every year f. 626. C.
  • At Kenelworth f. 658. A. &c.
  • At St. Edmunds-bury f. 661. A. B.
  • The Kings and Legats Demands made there and the Answer they received Ibid. C. D. E. F.
  • At Merlebergh f. 665. B.
  • [Page] Hugh Pateshul made Justiciary f. 561. F.
  • St. Pauls when built, and made a Cathedral f. 103. F.
  • Paulinus Ordained Bishop, and Baptized Edwin f. 104. E. F.
  • Paulus Catena his cruelty f. 34. C.
  • Peculiars their Original f. 215. C.
  • Pelagian Heresy propagated in Brittain f. 38 E.
  • Perennis a great Favorite of the Emperor Commodus f. 28. F. A
  • He was accused of Treason by the Soldiers, and put to Death f. 29. A.
  • Pertinax sent into Brittain 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. B
  • 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 Popes Answer f. 455. A. B.
  • Philip Son to Lewis King of France Crowned at Rhemes f. 335. C.
  • His undutifulness to his Father Ibid. E.
  • He was made sensible of his Duty by Hen. the 2d. King of C 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. D
  • His arrival at Acon Ibid. B.
  • He desired King Richards 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. E
  • He ravaged, and destroyed King Richards 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 Britany and received his F 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.
  • [Page]His preparation for England f. 484. A. F.
  • Pandulph the Legat advised him to desist f. 486. B.
  • His Victory over Otho the Emper [...]r f. 493. E.
  • His Answer to Walo the Popes Legat f. 508. C.
  • His Death f. 532. E.
  • Picts who they were f. 35. B. F.
  • They harras and spoyl the Britans f. 38. A. 39. C. D.
  • A Aulus Plautius sent into Brittain by Claudius f. 12. A. B.
  • Pleas for Church Lands in the Conquerors time how held and before whom f. 140.141▪ 142.
  • None between English-Saxons and Normans f. 143. A.
  • Sometimes held in Churches, and Church-yards f. 146. D.
  • Pleadings 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 B 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 Kings 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.
  • C Polycletus sent into Brittain 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 Lyons 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.
  • D Presential why so called f. 41. F.
  • Presutagus King of the Iceni made Caesar his Heir f. 18. E.
  • Priests Marriage forbidden f. 126. A.
  • Such as lived in Cities and Burghs 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 E Bishops Ibid. D.
  • They compounded with the King for their Wives 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 dispenced with to succeed them f. 262. F.
  • Prim [...]cy of Canturbury confirmed by the Pope f. 259. E.
  • Probus conquered the Vandals, and Burgundians f. 31. C.
  • F 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.
  • [Page] Publicans who and from whence they came f. 377. C. D.
  • They were pronounced Hereticks, burnt in the fore-head, and whipt f. 378. A.
Q.
  • AQUadrilogus, or an Account of the difference between King Henry the 2d. and Thomas Becket Arch-Bishop of Canturbury f. 389.390, 391.
R.
  • RAchinburgii who they were f. 76. B. E.
  • Ralph Arch-Bishop of Canturbury contended with Thurstan Elect of York about his Profession. f. 266. B. C.
  • He was made Legat, but opposed by the Bishops Ibid. D. C
  • 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 surprized Lincoln f. 282. D.
  • The Empress Maud assisted him against King Stephen Ibid. E. F. D
  • He took King Stephen Prisoner f. 283. A.
  • He made his Peace with King Stephen f. 290. C.
  • Ranulph Canon of St. Pauls 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. E
  • 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 d [...]sired 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. 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.
  • [Page]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 Fathers Treasure, and was again Pardoned Ibid. B.
  • He entred France and wasted the Country f 346. C.
  • A He Swore Fealty to the King of France f. 347. B.
  • He wasted his Fathers Dominions Ibid. D.
  • His Fathers 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.
  • B His Magnificent Coronation, and Oath Ibid. B. C. D. E.
  • He exposed his Castles and great Office's to Sale to raise mony 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.
  • C 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 Pilgrim [...]ge 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.
  • 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 Emp [...]ror Prisoner to Tripoly f. 431. A.
  • E 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 rejoyced at his misfortune Ibid.
  • He invested the Emperor with his Kingdom for his Liberty F f. 435. C.
  • The pr [...]ce of his Redemption 140000 Marks f. 436. F.
  • How and upon whom this summ was levyed 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. [...].
  • [Page]His generosity to the German Bishops and Nobility f. 440. C.
  • His arrival in England Ibid. D.
  • He demanded Judgment against his Brother John and the Bish [...]p of Coventry f. 442. A. B.
  • And ayd granted him in a great Council at Northampton Ibid. C.
  • His grant to the King of Scots Demands f. 443. C. D. E. A
  • He imprisoned or sined such as he took in his Brothers 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. B
  • He instituted Tiltings in England Ibid. B.
  • He Pardoned Earl John his Brother, and the Arch-Bishop 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 Ayd 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. C
  • 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 Arch-Bishop 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 D France f. 454. F.
  • He refused to harken to the Popes advice f. 457. B.
  • His Nephew Otho Crowned King of the Romans Ibid. D.
  • He demised his Kingdoms to his Brother John, and dyed 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. E
  • Richard Brother to Henry 3d. Knighted and made Earl of Cornwal 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 Glocester f. 546. C.
  • He was called Heir Apparent to Henry the 3d. his Brother F f. 563. E. & 569. D.
  • He represented to the King the State of his Realm f. 568. A.
  • He blamed him for adhereing to Forreigners f. 569. B.
  • He rejected the Offers and advice of the Legat Ibid. C.
  • He was reconciled to the King f. 570. lin. 1.
  • [Page]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 Marri [...]ge with Cincia Daughter to the Countess of Provence f. 588. F.
  • Thirty thousand Dishes provided for his Wedding Dinner A 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.
  • B 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 Arch-Bishop and made Legat f. 412. A. B.
  • Richard Chancellor of Lincoln chosen Arch-Bishop of Canturbury C f. 542. C.
  • His opposition to the King in the Tax of Ecclesiasticks 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.
  • D 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.
  • E 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 Friers exasperated the Bishops f. 556. B.
  • He slighted their Threats of Excommunication Ibid. C.
  • He was remov [...]d from all secular Offices f. 559. E
  • F He was summoned to his Tryal and Committed to the Tower, but taken out by the Arch- [...]ishop 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 dyed in his return from the Holy-Land f. 186 A.
  • [Page] 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 mo [...]gaged his Dukedom to him and undertook the Cross f. 223. A. B.
  • His Preparation to invade England after King Williams Death A 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 Fathers Honors and Fstate f. 240. A.
  • He is taken Prisoner and sent into England f 243. A.
  • His Death and Burial at Glocester f. 254. D. B
  • Robert Earl of Glocester 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 Legat and was taken Prisoner f. 286. C. F. C
  • He was exchanged for King Stephen f. 287. A.
  • He put King Stephen and his Brother the Legat 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 Surrendred to Lewis King of France f. 534. lin. 1.
  • Rochster made a Bishoprick f. 103. F. D
  • 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 favorer 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. E
  • Rolland usurped the Goverment of Galway f. 340. D.
  • He made his peace with King Henry the 2d. f. 341. D.
  • Rollo the Dane entred France with an Army, had Normandy and Britany 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 F Britains f. 18. C.
  • Their barbarous usage of Boadicia and the Britains Ibid. E.
  • Their Subversion and ruin portended by Prodigies f. 19. A. B.
  • Eighty thousand of them slain by the Britains Ibid. C. D. E. F.
  • They revenge themselves on the Britains with a like slaughter f. 20. D. E.
  • Their Division of Britain f. 36. E. F.
  • [Page]Their departure out of Britain f. 40. A.
  • Their Military Establishment in Britain f. 41. &c.
  • Their Garisons upon the Wall f. 45. C.
  • Their Garisons 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 burthens, when they marched f. 50. A. B.
  • A How oft they exercised Ibid.
  • William de Ross unkindly treated by Henry the Third f. 587. A.
  • Roturiers, who f. 160. C.
  • Walter, Arch-bishop of Roven, Interdicted Normandy f. 453. D.
  • The Popes advice to him f. 454. B.
  • Rowena Hengests Daughter married to Vortigern f. 94. D.
  • Peter Ruby sent into England to be the Popes Collector f. 576. l. 2.
  • His Policy to get Money Ibid. A.
  • B John Rufus a quasi Legatus sent into Scotland f. 599. C.
  • His Extortion there Ibid.
  • Rustand sent into England to be the Popes Collector f. 615. D.
  • The Powers granted to him and the Arch-bishop of Can­turbury Ibid.
  • His Accusation and Removal from his Dignity and Office f. 623. A. B.
C
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.
  • D 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, &c.
  • Their Ʋsages 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.
  • E 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 Chair-man Ibid. D.
  • Who declared their Laws and Rights Ibid. E.
  • F 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 Pyracy Ibid. E.
  • They Invaded the British Isles f. 58. A.
  • [Page]Where their Seat in Germany, and who joyned 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 German Laws Ibid. and f. 63. A
  • How they punished Murther, Theft, Slander and Trespess Ibid.
  • Saxon Tenures f. 66. A. 67. E. F.
  • Their Lands held by Military Service f. 68. A. B.
  • How they proceeded in judgment 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. B
  • 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-proceedings not known fol. 139. F. C
  • 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 Britains, and take part with the Scots f. 95. B. D.
  • Their treachery and cruelty to the Britains f. 96, 97.
  • Their Heptarchy and Catalogue of their Kings Ibid.
  • He that had most Power, was esteemed King of the English fol.D 100. D.
  • West-Saxons converted by Byrinus f. 105. E.
  • South-Saxons 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. E
  • 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 Britains f. 38. A. 39. C.D.
  • What Hostilities and Barbarities they committed in Northum­berland f. 317. A, &c.
  • Their King and many Great Men made Prisoners Ibid. F.
  • Their Bishops, Abbats, Earls and Barons swear Allegiance E 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.
  • [Page]He was fined f. 562. D.
  • He is again received into Favor f. 565. lin. 1.
  • And made one of the Kings Chief Councellors f. 572. F.
  • Senana, Prince Griffins Wife, her complaint to Henry the Third fol. 579. C.
  • Her offer to King Henry in her Husbands behalf Ibid. D.
  • Seneca his Extortion and Covetousness f. 18. F.
  • A Seneschal of Normandy, who, his Office and Power f. 163. C.
  • Grand Serjeanty, what it was f. 80. F.
  • Serjeants 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.
  • 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 endeavors to conquer the Britains Ibid. A. D.
  • He repaired Hadrians wall Ibid. D.
  • C He fixed his Tribunal at York, and dyed 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.
  • Silures, who they were f. 15. A.
  • They vex and destroy the Romans f. 16. E.
  • D 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.
  • E 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.
  • F 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 Church-men Ibid. lin. 1.
  • His treacherous dealing with the Earl of Glocester Ibid. D. E.
  • [Page]He granted his Crown Lands to his adherents f. 275. A. B.
  • Robert Duke of Glocester defied him Ibid. C.
  • He was cited by the Popes Legat to appear before an Ecclesiasti­cal Council f. 277. A.
  • His faults aggravated by the Legat Ibid. B. C. D.
  • He was defended by Alberic de Ver Ibid. E. f. 278. D.
  • The Legat and Arch-bishop of Canturbury cast themselves at his Feet Ibid. E. A
  • The War between him and the Empress managed with Rapine and Barbarities f. 280. A. &c.
  • 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 aversness to Peace Ibid. B. C.
  • His Army beaten, and he taken prisoner f. 283. A.
  • He was fettered at Glocester Ibid. B.
  • His Queen and the Londoners Petition for his Release fol.B 284. D. E.
  • His adherents excommunicated by the Lagat f. 285. A.
  • He was exchanged for Robert Earl of Glocester 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 Arch-bishop refused to Crown his Son Eustachius fol.C 292. A.
  • Several Great Men sware 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, &c.
  • No Taxes or Subsidies in his Reign f. 297. A. D
  • His Issue Legitimate and Natural Ibid. B. C. D.
  • Stephen the Popes 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.E 352. A. B. E.
  • The Agreement between him and Dermot renewed Ibid. D.
  • Wexford surrendred 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. F
  • Cork granted to him and Miles Cogan f. 396. F.
  • Sterling, why so called f. 211. F.
  • Stigand Arch-bishop 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 obteined a bloudy Victory fol. 356. B.
  • [Page]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 Tryal for a Title to a Barony f. 465. F.
  • Suetonius sent Lieutenant into Britain f. 18. B.
  • A His great Victory over the Britains 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.
  • B Swaine, 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 Kings Favour and Council fol. 560. E. F.
  • He was banished the Kingdom f. 564. E.
C
T.
  • TAncred, King of Sicily, Answered King Richards Demands fol. 428. D.
  • He discovered the French Kings treachery to him f. 429. E.
  • Tenures of the Saxons, what they were f. 66, 67, 68.
  • D Most of ours from Normandy f. 156. A.
  • Tenures of Homage, when made easie and heritable f. 159. E.
  • How many ways they became free and hèreditary f. 160. lin. 1.
  • In Franc-Almoigne, Burgage, 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.
  • E 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 Arch-bishop of Canturbury refused to Crown Eustachius King Stephens Eldest Son f. 292. A.
  • He was forced to flee, and his possessions were seized Ibid. B.
  • His endeavors to reconcile King Stephen and Duke Henry fol. 293. F.
  • F He and other Bishops went to the second Lateran Council Ibid. F.
  • Theodore made Arch-bishop 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.
  • [Page]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 A f. 266. B. C.
  • He desired the Kings leave to go to the Council of Rhemes 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 Britains f. 11. B.
  • Tinn-Mines, when first discovered in Germany f. 58. F. B
  • 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. C
  • Togodumnus slain f. 13. B.
  • Tolls and Customs for what paid f. 209. D.
  • Tosti, Harolds 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. D
  • 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 Em­perors Assistance f. 571. A.
  • Tryal by Ordeal, Oath, Battle and Decretory Morsel f. 65, 66.
  • Tryals under 40 l. value where had f. 144. D.
  • In the Conquerors time for Church-Lands and Tithes fol. 141. A. &c.
  • Between Men of the same Jurisdiction, how and where fol.E 145. A.
  • Between Men of different Jurisdictions, where Ibid. B.
  • By Juries used at the making of Domesday f. 146. F.
  • By Assise 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. F
  • A Writ of seisure granted the Victor f. 149. lin. 3.
  • In criminal Cases when allowed Ibid. B.
  • When Appellant or Defendant were vanquished, how punished Ibid. D.
  • [Page]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 dwelt f. 26. B.
  • Turkill, a great Commander among the Danes f. 125. l. 2.
  • Richard de Turnham, his Controversie with the Bishop of Durham fol. 456. A. B.
  • Robert Tweng alias Thing, plundered the Italian Clercs of their Corn A and Money f. 548. D.
  • He justified what he had done before the Inquisitors fol. 549. A. B.
U.
  • B VAcation, when and wherefore appointed f. 179. B. C.
  • Vandalls, from whence they came f. 37. F.
  • Vectius Bolanus sent Lieutenant into Britain f. 22. A.
  • He gained the Affections of the Britains Ibid.
  • Vendome taken by Henry the Second f. 316. E.
  • Alberic de Ver, his defence of King Stephen before the Popes Legat f. 277. E. F. 278. D.
  • Veranius made Lieutenant of Britain f. 18. B.
  • C Verulamium plundered by the Britains f. 19. E.
  • Vespatian rescued by his Son Titus from great danger f. 13. A.
  • He fought the Britains thirty times, and took the Isle of Wight Ibid. C.
  • He was made Emperor, and subdued the Britains f. 22. B. E.
  • Vicount, who and his Office f. 162. C.
  • Vicus, what it signifies f. 54. F.
  • Villani, who f. 206. F.
  • D Virgata Terrae, what f. 205. C.
  • Ulster granted by King John to Hugh de Lasci f. 518. B.
  • Ʋniversity of the Kingdom, who, and their complaint against Papal Ex­actions f. 593. A. E.
  • The Popes Answer to them Ibid. F.
  • Volusinus sent by Caesar into Britain f. 1. E.
  • Vortigern, King of the Britains f. 93. C.
  • He called in the Saxons to assist him against the Scots and Picts E f. 94. A.
  • He Married Rowena, Hengists Daughter Ibid. D.
  • Urban the fourth chosen Pope f. 636. A.
  • His Death f. 654. C.
F
W.
  • WAles vid. Welsh.
  • John Walerand made Custos of the City of London by Henry the Third f. 654. F.
  • Walo or Gualo sent Legat into France f. 508. A. A
  • He disswaded 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 Arch-bishop of Canterbury f. 510. E.
  • He accompanied the Kings Army against Prince Lewis fol. 525. B. C. B
  • 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. C
  • He subdued Essex and Suffolk f. 511. B.
  • Walter, Arch-bishop 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 Glocester f. 289. A.
  • Fulk Fitz-Warin treated the Popes Legat roughly f. 593. B. D
  • 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 mainteined his prohibition f. 260. B.
  • He is again sent to the Pope f. 261. C.
  • Watling-street, where it was f. 49. l. 1 E
  • 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 joyn 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 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.
  • [Page]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.
  • A 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 surrendred 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.
  • B King Richard demanded the whole of him Ibid. F.
  • Wilfrid, Arch-bishop 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 C 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. &c.
  • 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.
  • D 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 E 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 Harolds 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 French-men in places of Trust Ibid.
  • He passed into Normandy, and took the chief of the English F Nobility with him Ibid. B. D.
  • He cajoled both the English and Welch 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.
  • [Page] Ralph de Guaders Conspiracy against him defeated fol. 202. B. C. D.
  • He commanded Lands taken from Bishoprics to be restored fol. 140. B.
  • Tryals for Recovery of Lands in his Reign f. 141. A, &c.
  • 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.A 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 setled Revenue f. 204. B. B
  • The several Branches of it Ibid. and f. 208, &c. 209. D. 210▪ A.
  • How his Rent was paid f. 210. B, &c.
  • 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 C Councils Ibid. E. F.
  • He brought in the Servitude of Fees f. 156. B.
  • He displaced Engl [...]sh 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. D
  • What privileges he granted to Battle Abby Ibid. F.
  • He refused to become the Popes Feudatary f. 215. A.
  • His Death and Issue Ibid. D. E. F.
  • William Rufus, second Son to the Conqueror, brought his Fathers Dona­tion to Lanfranc f. 217. C. D.
  • Who were his greatest Assistants in gaining the Crown Ib. E. F.
  • Duke Roberts friends opposed his Succession f. 218. C. D. E. E
  • The Natural English, and all the Bishops took his part f. 219. A.
  • Rochester Castle surrendred to him on conditions Ibid. D.
  • The Arts by which he setled 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, &c.
  • His Brother Robert Morgaged Normandy to him f. 223. A.
  • Aquitain pawned to him by William Duke of Poictou fol.F 224. B. C.
  • He was slain before he could take possession of it Ibid. D.
  • Ecclesiastic Affairs in his Reign f. 225.
  • The great Controversie 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.
  • [Page] 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.
  • A William Earl of Pembroke Protector to Henry the Third, vid. Mareschal.
  • 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.
  • B He was made Earl of Flanders by King Lewis Ibid. D.
  • He was slain before Alost Castle Ibid. E.
  • Duke Roberts 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 Arch-bishop of Canturbury f. 269. C.
  • 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.
  • D Worcester, the Bishops Plea for Recovery of Lands f. 141. B.
  • The City taken and burnt by the Citizens of Glocester 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 Governour of Ireland f. 372. A.
  • Writ of Right, where first brought f. 144. D.
  • Now become obsolete f. 150. E.
  • 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 Arch-bishop to make his Profession of Obedience to the Arch-bishop F of Canturbury f. 264. F.
  • He contended with the Bishop of London about Crowning the King f. 265. A.
FINIS.

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