was for especiall persons and such whose liuings were of a rate allowable thereunto the vsuall opinion perswading them that men of ability held a more regard of honesty With these they had the triall of Campefight or single combat which likewise the Lumbards originally of the same German Nation brought into Italy permitted by the Law in cases either of safetie and fame or of possessions All which trials shew them to be ignorant in any other forme of Law or to neglect it Nor would they bee induced to forgoe these Customes and determine their affaires by Imperiall or Pontificiall Constitutions no more then would the Lumbards forsake their duellary Lawes in Italy which their Princes against some of their wils were constrained to ratifie as Luytprandus their King thus ingeniously confesses Wee are vncertaine of the iudgement of God and wee haue heard many by fight to haue lost their cause without iust cause yet in respect of the custome of our Nation we cannot auoide an impious Law But all these formes of iudgements and trials had their seasons Those of Fire and Water in short time after the Conquest grew disused and in the end vtterly obrogated by the Pope as deriued The English trials from Paganisme That of combat continues longer-liued but of no ordinarie vse And all actions now both criminall and reall beganne to be wholly adiudged by the verdict of twelue men according to the custome of Normandy where the like forme is vsed and called by the name of Enquest with the same cautions for the Iurors as it is here continued to this day Although some hold opinion that this forme of triall was of vse in this Kingdome from all antiquitie and alledge an Ordinance of King Ethelred father to the Confessor willing in their Gemote or conuentions monethly held in euery Hundred twelue graue men of free condition should with the Greue the chiefe Officer amongst them sweare vpon the Euangelists to iudge euery mans cause aright But here wee see twelue men were to be assessors with the Greue to iudge and no Iurors according to this manner of triall now vsed Besides had there beene any such forme we should aswell haue heard thereof in their Lawes and practise as of those other kinds of Ordeal onely and vsually mentioned But whatsoeuer innouations were in all other things the gouernment for the peace The continuation of the Law for the peace and securitie of the Kingdome which most imported the King to looke vnto seemes to be contrnued as before and for that businesse he found here better Lawes established by the wary care of our former Kings then any hee could bring Amongst which especially was the Borough Law wherby euery free man of the Commons stood as surety for each The Borough Law of the Saxons others behauiour in this sort The kingdome was deuided into Shieres or Shares euery Shiere consisting of so many Hundreds and euery Hundred of a number of Boroughs Villages or Tythings contayning ten housholders whereof If any one should commit an vnlawfullact the other nine were to attach and bring him to reason If hee fled 31 dayes were enioysed him to appeare If in the meane time apprehended hee was made to restore the damage done otherwise the Free-boroughead to say the Tythingman was to take with him two of the same Village and out of three other Villages next ad oyning as many that is the Tythingman and two other of the principall Saxon Lawes men aud before the officers of that Hundred purge himselfe and the Village of the fact restoring Lambert the damage done with the goods of the malefactor which if they suffized not to satisfie the Free-borough or Tything must make vp the rest and besides take an oath to bee no way accessarie to the fact and to produce the Offendor if by any meanes they could recouer him or know where hee were Besides euery Lord and Maister stood Borough for all his familie whereof if any seruant were called in question the Maister was to see him answere it in the Hundred where hee was accused If he fled the Maister was to yeeld such goods as hee had to the King If himselfe were accused to bee aiding or priuie to his seruants slight hee was to cleere himselfe by fiue men otherwise to forfeit all his goods to the King and his man to bee outlawed These lincks thus intermutually fastened made so strong a chaine to hold the whole frame of the State together in peace and order as all the most pollitique regiments vpon earth all the interleagued societies of men cannot shew vs a streighter forme of combination This might make the Conqueror comming vpon a people thus Law-bound hand and foote to establish him so soone and easily as he did This Borough-law being as a Cittadell built to guard the Common-wealth comming to bee possest by a Conquering Maister was made to turne all this ordinance vpon the State and batter her selfe with her owne weapon and this Law may No popular insurrection before the Conquest be some cause we finde no popular insurrection before the Conquest For had not this people beene borne with these fetters and an idie peace but had liued loose and in action it is like they would haue done as noblie and giuen as many and as deepe wounds ere they lost their Country as euer the Brittaines did either against the Romans or the Saxons their predecessors or themselues had done against the Danes a people far more powerfull and numerous then these The Conqueror without this had not made it the worke of one day nor had Normandie euer beene able to haue yeelded those multitudes for supplies that many battailes must haue had But now First the strict executing this Law Secondly dis-wcop'ning the Commons Thirdly The meanes vsed by the Norman to establish his Conquest preuenting their night-meetings with a heauie penalty that euery man at the day closing should couer his fire and depart to his rest Fourthly erecting diuers Fortresses in sit parts of the Kingdome Fifthly collating all offices both of commaund and iudicature on those who were his made his domination such as he would haue it And where before the Bishop and the Alderman were the absolute Iudges to determine Alteration of the Gouernment all businesse in euery Shiere and the Bishop in many cases shared in the benifit of the Mulcts with the King now he confin'd the Clergie within the Prouince of their owne Ecclesiasticall iurisdiction to deale onely in businesse concerning rule of soules according to the Cannons and Lawes Episcopall And whereas the causes of the Kingdome were before determined in euery Shiere The order of deciding contrauerfies in the Saxons time and by a Law of King Edward Senior all matters in question should vpon especiall penaltie without further deferment bee finally decided in their Gemote or conuentions held monthly in euery hundred now he ordained That foure times in the yeare for
Kingdome where first is read the Commission of the Legatine power granted by Pope Innocent to the Bishop of Winchester who there openly vrges the indignitie offred to the Church by the imprisoning of these Bishops An act most haynous and shamefull for the King that in the peace of his Court through the instigation of euill ministers would thus lay hands vpon such men spoyle them of their estates Which was a violence against God And that seeing the King would yeeld to no admonitions hee had at length called this Councell where they were to consult what was to bee done that for his part neither the loue of the King though his brother nor the losse of his liuing or danger of his life should make him fayle in the execution of what they should decree The King standing vpon his cause sends certaine Earles to this Councell to know why he was called thither answere was made by the Legat That the King who was subiect to the faith of CHRIST ought not to take it ill if by the ministers of CHRIST hee was called to make satisfaction being conscious of such an offence as that age had not knowne that it was for times of the Gentiles for Bishops to bee imprisoned and depriued of their possessions and therefore they should tell the King his brother that if hee would voutsafe to yeeld consent to the Councell it should bee such by the helpe of God as neither the Roman Church the Court of the King of France nor the Earle Theobald brother to them both a manwise and religious should in reason dislike it that the King should doe aduisedly to render the reason of his act and vndergoe a Canonicall iudgement that hee ought in duetie to fauour the Church into whose bosome being taken hee was aduanced to the Crowne without any militarie hand With which aunswere the Earles departed attended with Alberic de Ver a man exercised in the Law and hauing related the same are returned with the Kings reply which Alberic vtters and vrges the iniuries Bishop Roger had done to the King how hee seldome The Kings Reply came to his Court that his men presuming vpon his power had offred violence to the Nephew and seruants of the Earle of Brittaine and to the seruants of Herui de Lyons a man of that Nobilitie and stoutnesse as would neuer voutsafe to come vpon any request to the late King and yet for the loue of this was desirous to see England where to haue this violence offred was an iniury to the King and dishonour to the Realme that the Bishop of Lincolne for the ancient hatred to the Earle of Brittaine was the author of his mens sedition that the Bishop of Salisbury secretly fauoured the Kings enemies and did but subtlely temporize as the King had found by diuers circumstances especially when Roger de Mortimer sent with the Kings forces in the great daunger of Bristow hee would not lodge him one night in Malmsbury that it was in euery mans mouth as soone as the Empresse came He and his Nephewes would render their Castles vnto him That he was arested not as a Bishop but a seruant to the King and one that administred his procurations and receiued his monies That the King tooke not his Castles by violence but the Bishop voluntarily rendred them to auoyd the calumnie of their tumult raysed in his Court If the King found some money in his Castles hee might lawfully seize on it in regard Roger had collected it out of the reuenues of the King his Vncle and predecessor and the Bishop willingly yeelded vp the same as well as his Castles through feare of his offences and of this wanted not witnesses of the Kings part who desired that the couenants made betweene him and the Bishop might remaine ratified Against this Bishop Roger opposes That he was neuer seruant to the King nor receiued his moneys and withall added threatnings as a man not yet broken though bent with his fortunes that if he found not iustice for his wrongs in that Councell hee would bring it to the hearing of a greater Court The Legat mildly as he did other things said That all what was spoken against the Bishops ought first to be examined in the Ecclesiasticall Councell whether they were true or no before sentence should haue beene giuen against them contrary to the Canons and therefore the King should as it is lawfull in iudiciall trials reuest the Bishops in their former Estates otherwise by the law of Nations being disseised they shall not hold their Plea After much debate the Kings cause was vpon a motion put off till the next day to the end the Archbishop of Roan an especiall instrument for the King might bee there who deliueting his opinion said That if the Bishops could rightly prooue by the Canons they ought to haue Castles they should hold them but if they could not it proceeded of great improbitie to striue to doe otherwise And be it said he their right to haue them yet in a suspected time according to the manner of other Nations all great men ought to deliuer the keyes of their Fortresses to be at the Kings pleasure who is to fight for the peace of all But it is not their right by the decree of the Canons to haue Castles and if by the Princes indulgence it bee tollerated yet in a time of necessitie they ought to deliuer the keyes The Lawier Alboric addes That it was signified to the King how the Bishops threatned and had furnished some to go to Rome against him But said he the King would haue you know that none of you presume to doe it for if any goe out of England contrarie to his will and the dignitie of the Kingdome it will be hard returning In conclusion the Councell brake vp nothing was done The Bishops durst not excommunicate the King without the Popes The Legat and Archbishops submission priuitie and besides they saw the swords to busie about them yet failed not the Legat and the Archbishop to prosecute their parts and from authority fell to prayer and at the Kings feete in his Chamber besought him that hee would pittie the Church pittie his owne soule and his fame not to suffer dissention to bee betweene the Kingdome and the Priest-hood The King returned thern faire words but held what hee had gotten Shortly after though griefe died the Bishop of Salisbary and according to the fate of ouer-minent and greedy Officers vnpittied He was a man in his latter time noted of much corruption and vnsatiable desire of hauing For whom the present King in the beginning of his reigue had done very much makingone of his Nephewes Chancellor the other Treasurer and vpon his fute gaue to himselfe the Borough of Malmesbury insomuch as the King would say to his familiars about him If this man will begge thus still I will giue him halfe the Kingdome but I will please him and first shall be weary of crauing ere
the cause of Thomas of Canterbury against the Tyrant of England King Henry sends likewise with all speed Roger Archbishop of Yorke the Bishop of Winchester London Chichester and Excester Guido Rufus Richard Iuechester and Iohn of Oxford Clerkes William Earle of Arundell Hugh de Gundeuile Bernard de Saint Walleric and Henry Fitz Gerrard to informe the Pope of the whole cause and preuent the Archbishoppes complaint The multitude and greatnesse of the Commissioners shewed the importance of the Ambassage and the Kings earnest desire to haue his cause preuaile They finde the Pope at the Citie of Sens to whom they shewed how peruers and disobedient the Archbishoppe had behaued himselfe to his Soueraigne Lord the King of England how hee alone refused to obay his Lawes and Customes which hee had sworne to doe and that by his peeuish waywardnesse the Church and Kingdome were like to bee disturbed which otherwise would agree in the reformation thereof as was fit and necessary and therefore they besought him as hee tendred the peace of the Church of England and the loue of the King their Soueraigne not to giue credit or grace to a man of so turbulent and dangerous a spirit This Information notwithstanding earnestly vrged they found mooued not any disposition in the Pope to fauour the Kings cause so that in the end They besought him to send two Legats ouer into England to examine the particulars of this businesse and how it had beene carried and in the meane time to admit no other information of the cause but referre it to their relation The Pope refuses to send any Legat the commissioners depart without any satisfaction And with in foure dayes after comes the Archbishop and prostrates himselfe at the Popes seete deliuers him a coppie of those Lawes which the King called his Grandfathers Lawes which being openly read in the presence of all the Cardinals Clergie and many other people the Pope condemned them for euer and accursed those who obeyed or any way fauoured them Those Lawes among the Statutes of Clarendon which the Archbishop so much oppugned and most offended the Clergie were as by his owne letter to the Bishop of London appeares these especially That there should bee no appeale to the Apostolike Sea without the Kings leaue That no Archbishoppe or Bishoppe should goe out of the Realme but by the Kings permission That no Bishoppe excommunicate any who held of the King in Capite or interdict any officiall of his without the Kings leaue c. That Clergie men should bee drawne to secular iudgements That Lay men as the King and other should handle causes of the Church Tythes and such like And these were daungerous incrochments vpon their liberties But now the King seeing his Ambassage to take no effect and withall in a manner 1166. Anno. Reg. 12. contemned presently makes his heauie displeasure and the scorne hee tooke knowe by his seuere Edicts both against the Pope and the Archbishoppe that they might see what edge his secular powre had in this case ordayning That if anie were found carrying Letter or Mandat from the Pope or Archbishoppe contayning any The Kings Edicts against the Pope and his agents interdiction of Christianity in England should bee taken and without delay executed as a Traytor both to the King and Kingdome That whatsoeuer Bishop Priest Monke or Conuerser in anie Order Clerke or Layman should haue and retaine any such letters should forfeit all their possessions goods and chattells to the King and bee presently banished the Realme with their kinne That no Clergie men Monke or other should bee permitted to passe ouer Sea or returne out of Normandie into England without letters from the Iustices here or from the King being there vpon paine to bee taken as a Malefactor and put in hold That none should appeale to the Pope That all Clerkes which had any reuenue in England should returne into the Realme within three monethes vpon paine of forfeiting their estates to the King That Peter Pence should bee collected and sequestred till the Kings pleasure were farther knowne Besides this hee banishes all that were found to bee any way of kinne to the Archbishop without exception of condition sex or yeres And withall takes occasion vpon the Scisme which was then in the Church to renounce Pope Alexander and incline to the Emperors faction which stood thus After the death of Adrian the fourth Rouland a Geneuese and a great enemy of the The Election of two Popes Empire is by two and twenty Cardinalls elected Pope by the name of Alexander the third to which election foure Cardinals opposed and made choyce of Octauian a Citizen of Rome that would be called Victor the first The Emperor Frederic Barbarossa summons these two Popes to a Concel at Pauia to vnderstand determin their right Alexander makes the old answere that the Pope could not be iudged by any man liuing refuses to appeare before the Emperour and withdrawes into Anagnia Victor consents to appeare there or wheresoeuer the Emperour would appoint so that he was the man for that side But all the other Princes of Christendom except those of the Emperours faction acknowledge Alexander for Pope as elected by most voyces And especially by the King of France who called him thither and at Cocy vpon Loyr he and the King of England receiued him with all honour and reuerence in so much as they are sayd to haue attended vpon his Stirrop the one on the right hand the other on the left after this he calls a Councell at Tours whether the Kings of England Spaine and Hungarie send their Ambassadors and there are the constitutions of the Councell of Pauia and the Emperours confirmation of Victor nullified so that Alexander hauing his party dayly increasing in Italy was shortly after receiued into Rome Notwithstanding all this the King of England finding him so auers in this businesse Falls off from him renounces his Authority turnes to the Emperours faction seekes to strength himselfe with the Princes of Germanie consents to match his daughter Maude to the Duke of Saxony at the motion of Reginald Archbishop of Collen sent ouer by the Emperour for that purpose and intertaines a motion for another daughter to bee matched with the Emperours sonne But now by reason this contrary faction to Pope Alexander grew to bee but feeble all this working did the King no good but exasperates the Pope and sets him on the more to support the cause of the Archbishop who sollicites the Clergie of Pope Alexanders letter to the Clergie of England England threatnes intreats adiures them not to forsake their hold nor giue way to the inuador of their liberties which sought to confound the Priesthood and the Kingdome and if they opposed not mainely at the first but suffered the least breach to bee made vpon them they were vndone Then excommunicates hee all the especiall Ministers of the King that adhered to the Teutonicque faction or held
Earle of Warwick in France to haue a hand in the execution of the Accorde King Iohn is honourably conducted to Calais attending the promised Summe the first gage of his libertie Anno Reg. 35. 1361. The Citie of Paris yeelds one thousand Royals by whose Example other Cities contribute according to their proportions And thus is King Iohn deliuered after hauing remained Prisoner in England neere about fiue yeeres And both Kings depart in kinde manner with all demonstrations of brotherly Loue. King Edward returning with his Crownes calles a Parliament wherein the forme of the Accord was read and allowed of all the Estates and an Oath taken by the Nobles to obserue the same for their partes Heere the King restorees to the Priors Aliens their Houses Lands Tenements which he had taken from them Anno Reg. 12. for the maintenance of his French Warres which now being ended he grants by his Letters Pattents in as free manner as before they helde them A rare Example of a iust King being seldome seene that Princes let go any thing whereon they haue once fastned Now againe was the ioy and glorie that England receiued by their gettings seasoned The second great Pestilence with the sowrenesse of another mortalitie called The second Pestilence whereof dyed many Noble men the chiefe was Henry Duke of Lancaster of the Royall blood a Prince of great note for wisedome and valour who had beene an especiall Actor in all these Warres and a principall Pillar of the Crowne of England whose Daughter and Heyre was a little before marryed to Iohn of Gaunt by dispensation being neere of consanguinitie whereby hee is made Duke of Lancaster And shortly after by the like Dispensation the Prince of Wales marryes the Countesse Anno Reg. 36. of Kent Daughter to Edmond brother to Edward the second And so both are prouided of Matches within the Kingdome The King giues to the Prince of Wales the Duchy of Aquitaine reseruing to himselfe Homage and Fealtie and shortly after sends him ouer with his wife and Court to liue there His sonne Lionell Earle Vlster is sent into Ireland with a regiment of 1500 men to guard his Eatledome against the Irish and was created Duke of Clarence in the next Parliament held at Westminster in Nouember which continued vntill the feast of Saint Brice King Edwards Birth-day and the Fiftith yeare of his age Wherein for a Iubilie hee shewes himselfe extraordinarily gracious to his people freely pardoning many offences releasing prisoners reuoking Exiles c. And vpon petition of the Commons causes Pleas which before were in French to be made in English that the subiect might vnderstand the Lawe by which hee holdes what hee hath and is to know what hee doth A blessed act and worthy so great a King who if hee could thereby haue rendered the same also perspicuous it had beene a work of eternall honour but such is the Fate of Law that in what language soeuer it speakes it neuer speakes plaine but is wrapt vp in such difficulties and mysteries as all professions of profit are as it giues more affliction to the people then it doth remedy Here was also an act passed for Purueiors as there had beene many before in his time that nothing should bee taken vp but for ready money vpon strict punishment For retribution of which relieuements the Parliament granted sixe and twenty shillings eight pence for tranportation Vid. Stat. of euery sacke of woole for three yeares Thus all were pleased sauing the remouing of the Saple from the Townes of England to Calais was some grieuance to those whom it concerned Yet the Kings desire to inrich that Towne being of his owne acquisition and now a member of the Crowne of England might herein be well borne withall And sure this King the most renowmed for Valour and Goodnesse that euer raigned in this kingdome not onely laboured to aduance the State by enlarging the Dominions thereof but to make his people as well good as great by reforming their vices whereunto fortunate and opulent States are euermore subiect as may be noted in the next Parliament held at Westminster Anno Reg. 37. wherein for the publique Good certaine Sumptuary lawes the most necessarie to preuent Ryot that dissoluing sicknesse the feuer Hectique of a State were ordayned both for Apparell Diet appointing euery degree of men from the Shepheard to the Prince the Stuffe Habits they should weare prohibiting the adornements of gold and Siluer Silkes and rich Furres to all except eminent persons Vid. Stat. Whereby forraine superfluities were shut out home-made Cōmodities only vsed The Labourer and Husbandman is appointed but one meale a day and what meates he should eate c. whereby Gluttony Drunkennesse those hideous euils which haue since vtterly disfashioned infeebled the English Nation were auoided So carefull was this frugall King for preseruing the estates of his subiects from Excesse And as prouident was hee for the ordering of his owne committing his treasure to the safest Chest that Religion could keepe lockt For by a certificat Anno Cleargy men Officers to the King Reg. 39. sent to Pope Vrbane concerning Plut alities and the estates of Church-men in England there were found more of the Spirtualty which bare office about this King then any other of Christendome beside As first Simon Langham Archbishop of Canterbury was Chancelor of England William Wickham Archdeacon of Lincolne Keeper of the Priuy Seale Dauid Weller Parson of Somersham Maister of the Rolles Ten beneficed Priests Ciuilians Maisters of Chancery William Mulse Deane of Saint Martins le Grand Chiefe Chamberlayne of the Exchecquer Receiuer and Keeper of the Kings treasure and Iewels William Askby Archdeacon of Northampton Chancelor of the Exchecquar William Dighton Pribendary of Saint Martins Clarke of the Priuy Seale Richard Chesterfield Prebend of Saint Staphans Treasurer of the Kings house Henry Snatch Parson of Oundall Maister of the Kings Ward-robe Iohn Newnham Parson of Fenni-stanton one of the Chamberlaines of the Exchequer and keeper of the Kings Treasurie and Iewels Iohn Rousbie Parson of Harwick Surueior and Comptroler of the Kings works Thomas Britingham Parson of Asbie Treasurer to the King for the parts of Guisnes and the Marches of Calais Iohn Troys Tresurer of Ireland a Priest and beneficed there These men being without those Feminine Ginnes of attraction and consumption deuoted onely to Sanctitie were thought then fittest to be husbands for his profit Shortly after three Kings came to visite the King of England The King of France the King of Scots and the King of Cypres The occasions that mooued the French king might be diuers but it seems the especial wereto free some Hostages that remained heere and to cleare such imputations as were had of him for not obseruing in all points the late Accorde wherewith his Nobles were much discontented and many dissiculties arose among them so that in an Assembly of the States at Paris certaine