three four Marks c. as will appear in the Sequel of this History He brought the Clergy under subjection Nor did he think himself secure only by having all Persons in Secular Authority his Dependants and at his Command but he brought the Clergy also Arch-Bishops Bishops Abbats and all Degrees of that Function under his subjection [1.] Mat. Paris fol. 7. n. 10. And the Church Lands under Military Service And Quartered Soldiers in their Monasteries for he put the 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 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 [2.] 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 Walls in the Monastery of Ely after the Isle was reduced were placed forty whereof Bellassis Governor at least of the old Fort called now by the Country People Belsars-Hills if not General of the Forces against the Island was one and thirty nine more all Officers or Men of Account as by their Names and Arms appeareth in a Parchment Roll in the Custody of the Bishop of Ely made in the time of Robert de Orford Bishop of Ely who was [3.] Godw de Presul Angl. p. 318. Consecrated 1302. and died 1309. Nor did he think this enough to restrain the power of the Clergy [4.] Anno Domini 1070. who then 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 [5.] Florent Wigorn. f. 636. He Rifles the Monasteries Monasteries of all England and took away the Money which the richer sort of English had secured there fearing his Austerity and Ravages and commanded it to be carried into his Treasury [6.] Fol. 7. Mat. Paris says he robbed all the Monasteries of their Gold and Silver and spared not their Shrines and Chalices Nor yet did he think himself sufficiently secured from the great power of the Clergy in that Age [7.] Eadmer fol. 6. n. 10. He brought in the Norman Laws and made Norman Bishops in England All things were done according to the 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 held at Winchester eight days after Easter at the Command of the King he being present and with the Consent of Pope Alexander by his Legates Herminfrid Bishop of (n) Sedune now by the Germans called Sittes and the French Sion and the Country about it Sionois it is seated upon the River Rosne before it falls into the Lake of Geneva Sedune and two Priests Cardinals of the Apostolick See [8.] Florent Wigorn f. 636. An. Do. 1070. A Council at Winchester wherein Stigand was Deposed John and Peter producing his Authority In this Council Stigand Archbishp of Canterbury was Deposed for three Causes to wit because he unjustly possessed the Bishoprick of Winchester with the Arch-Bishoprick and because he invaded the Arch-Bishoprick while Arch-Bishop Robert was living and used his Pall which remained at Canterbury in Celebrating Mass when by force he was unjustly put out of England and received a Pall from Benedict whom the Roman Church had Excommunicated for that by Money he had invaded the Apostolick See [9.] 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 [1.] Florent Wigorn. ut supra Agalmar Bishop of East Angles and some Abbats Deposed In this Council also Agalmar Brother of Stigand Bishop of East-Angles his Seat being then at Elmham was Deposed and some Abbats The King promoting that work that he might put into their places Men of his own Nation for the confirmation of his new Conquered Kingdom [2.] Ibidem Others were kept in Prison all their Lives He also kept in Prison some Bishops and Abbats all their Life time without any evident Cause [3.] Ibidem Agelric Bishop of the South Saxons turned out and imprisoned without fault He makes his own Chaplains Bishops being neither condemned by any Councils or Secular Laws 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 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 of the South-Saxons and gave the Abbies to his Norman Monks [4.] Eadmer fol. 6. n. 20. No man to acknowledge the Bishop of Rome for Pope without his Command He would not suffer any one in his Dominions to acknowledge the Bishop of Rome for Pope without his Command nor to receive any Letters from him unless they were first shewn to him [5.] 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 [6.] Ibid. n. o. His Barons without his Command not to be impleaded He would not suffer any Bishop to implead and Excommunicate any of his Barons all such as [7.] Sâ—ld not in Ead. f. 168. held immediately in Capite or Officers for Incest Adultery or any heinous Crime unless by his Command * But notwithstanding the Conquerors Stoutness and Resolution in these matters by his admission of the Popes Legats for the purposes above
goes to the King of France he with his private Family came to the King of France on the Eighth day of March. The King [1.] Ibidem The King visits and strengthens his Castles in Normandy and in the Borders knowing his Son had escaped feared the treachery of the French and therefore with great diligence visited his Castles in the Borders of Normandy toward France and well Manned and Victualled them 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 [2.] Ibid. b. The Authors of the Conspiracy against him Queen Alienor suspected The chief Contrivers of this Treason were Lewis King of France and as some said Queen Alienor and Ralph de Faia for she had with her Richard Duke of Aquitan and Geofry Earl of 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 [3.] Ibidem Young King Henry's Chancellor brought his Seal to his Father Richard Bar his Chancellor returned to his Father and delivered him the Seal he had committed to him which he received and caused it to be securely kept The Servants also which he had placed in his 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 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 [4.] Ibidem p. 47. a. Anno Dom. 1173. The King of France received the young King and his Brothers kindly and caused a new Seal to be made for him The whole Kingdom of France engage against King Henry in a Council His Sons not to make Peace with him without his Consent Son in Law and to his Brothers and those that came with them and caused a new Seal to be made for him with which he confirmed all his Grants and Donations he also called together Earl Robert his Brother Philip Earl of Flanders and Matthew his Brother Earl of Bologn Henry Earl of 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 â—ceived the Oaths and security of the young King and his Brothers that they would never recede from the King of France nor make Peace with their Father without his consent and good liking of his Barons In this Council the [5.] Ibidem a. and b. The young King receives the Homage of Philip Earl of Flanders Matthew Earl of Bologn Theobald Earl of Blois 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 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 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 After Easter [6.] Hoved. f. 305. b. n. 10. A general Insurrection against King Henry of England the whole Kingdom of France the young King his Brothers Richard and Geofry and almost all the Earls and Barons of England Normandy Aquitan Anjou and 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 Philip Earl of [7.] Ibidem n. 40. Albamarle and Dreincourt taken from the King Flanders marched with a great Army into Normandy besieged and took Albemarle and from thence went and besieged Driencourt which was delivered to him Here his Brother Matthew Earl of Bologn was shot with an Arrow of which Wound he died In the mean time the King of France and his [8.] Ibidem n. 50. f. 306. a. lin 1. The King of France and his Son in Law besiege Verneul Three Burghs in that Town beside the Castle The great want of Victuals Son in Law besieged 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 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
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 And in the same year not long after [7.] Ib. f. 316. b. n. 10 20. The King demolishes several Castles in England and Normandy the King caused the Walls and Castle of Leicester to be demolished as also the Castles of Groby Treske Malesart and the new Castle at Alverton the Castles of Framingham and Bungey and almost all the Castles of England and Normandy that were fortified against him The Castle of Pasci or Pacey in Normandy he retained in his own hands and placed a Garison in it as likewise the Castle of Montsorrel which was Sworn to be his own Propriety by Recognition of Lawful Men of the Vicenage About the beginning of October [8.] Ibidem f. 317. a. n. 50. The King of Scot and brings Fergus Prince of Galway to the King of England this year William King of Scotland came into England to the King and brought with him Gilbert Son of Fergus Prince of Galway who killed his Brother Vctred 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 an Hostage or Pledge for his Peaceable and Loyal Behaviour In a General Council at [9.] Ib. f. 320. a. n. 30. The King restores several Noblemen to their Lands and Dâ—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 And also to Hugh Earl of Chester all the Lands he was possessed of at the same time and to William de Albeny Son of William Earl of Arundel the Earldom of Sussex Alfonsus [1.] Ibid. b. n. 30 40 50. An. Do. 1177. The Kings of 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 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 days in Writing and so interpreted as he and his Barons might understand them which when they had heard read and also heard the Allegations on both sides the King ordered [2.] Ben. Ab. p. 89. a. the Messengers before his Bishops Earls and Barons to be there again all Excuses laid aside upon Sunday following to receive his Judgment So that this great Affair was determined in eight days The Demands Allegations and Pretences on both sides and the whole Process with King Henry's Award are to be found in Hoveden fol. 320. b. n. 40 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 [3.] Ibidem p. 86. b. The King Summons his Noblemen and Knights in Capite to follow him into Normandy Commanded this year all the Earls Barons and Knights of the Kingdom which held of him in Capite to be at London well prepared with Horse and Arms fifteen days after Easter to follow him from thence into Normandy and stay with him a whole year beyond Sea in his Service at their own Charges At Easter the [4.] Ibidem p. 96. b. Anno Dom. 1177. The King with his Earls and Barons go in Pilgrimage to St. Edmunds-Bury to Ely and Gaidington King with his Earls and Barons kept his Court at 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 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 [5.] 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 [6.] Ibidem p. 97. a. The Lords and Knights of the Kingdom come to Windsor to go where the King should Command The King removes several Constables of Castles and places others in their room and when they had Treated some time there the King removed to Windsor and the Arch-Bishop and other Bishops with him where came to him almost all the Earls Barons and Knights of England provided with Horse and Arms to go whether the King should Command And when they had Treated further there about the Peace and Establishment of the Kingdom by Advice of his Bishops Earls and Barons he removed the Constables of several Castles in the North of England and made Knights which were of his own private Family Constables William Stutevill he made Keeper of the Castle of Rokesburgh and Roger Stutevill of the Castle of Edinburgh and William 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 [7.] Ibidem Hoved f. 323. b. n. 20. Hugh Bishop of Durham because he served him falsely in the time of War and for that reason and that it might stand and not be demolished and for the Kings Peace and that his Son Henry de Puteaco or Pudsey might enjoy the Maner of Wicton with its Appurtenances the Bishop gave the King 2000 Marks From Windsor [8.] Ben. Abb. p. 97. b. The King Commands the Welsh Kings to meet him at Oxford Who with many other Noblemen did Homage to him the King went to Oxford where he had Commanded the Welsh Kings and the most Potent Men of
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 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 Mâ—th and was marched into the Country near Dublin went with his Forces toward him but he stayed not his coming Reymund finding him retired repaired the Castles in Meth and brought things to such a pass as through fear of him the Nation for some short time remained in Peace But long it was not [7] Ibid. c. 8. Donald breaks his Oath made to King Henry e'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 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 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 of his Guards and one common Soldier named Guido Reymund takes Limerick that were drowned He presently drove the Enemy into the City and with great slaughter of the Citizens took it by force wherein the Army found much rich Booty and Gold When Reymund [8] Ibid. c 10 had put the City into good order leaving there fifty Knights or men at Arms with 200 ordinary Horse and as many Archers he marched into Leinster leaving Miles of St. Davids 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 The King moved with this Information and giving credit to Hervey sent [9] Ibid. c. 11 four Legats or Commissioners Robert Poer Osbert de Hereford William de Bendinges and Adam de Gernemie or rather Gernemâ—e whereof two were to come with Reymund being recalled into England and two were to stay with the Earl But it so happened that while Reymund was preparing for his passage into England Messengers came from the [1] Ibid. c. â—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 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 it with Ditches cutting down of Trees placing them Artificially and making strong Hedges it was made as it were impassable The Army [2] Ibid. c 13. Meyler enters Limeric marched in three Divisions Meyler commanded the first who made such a furious onset at the Pass as he almost destroyed the Hedge and Barricado of Trees killing many of the 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 Victorious Army and repaired what had been ruined or destroyed by the Siege Not long after [3] Ibidem Conaught and Tuomond swear Fealty to King Henry Reymund had Conference with the Princes of Conaught and Tuomond on the same day but not in the same place after much discourse each Prince gave Hostages and swore inviolable Fidelity for the future to the King of England and his Substitutes No sooner [4] Ibidem Reymund helps Dermot against his Rebel Son was Reymund returned with his Hostages to Limeric but Dermot Mac-Carty sent and supplicated him for assistance against his eldest Son Cormach O Lechan who had almost driven him out of his Kingdom promising him and his Soldiers large rewards He takes advice about his request and then marches to Cork takes the Town subdues the Rebel Son and restores the Father and returned with much Booty and good satisfaction to Limeric Under pretence of Peace the Son caught his Father and imprisoned him the Father under the same pretence got his Son and chopt off his Head A. D. 1175. After this the Prince of Conaught sent his Submission and Conditions to the King of England [5] Hoved. f. 312. b. n. 10 20. King Henry holds a Council at Windsor by his three Commissioners Catholic Archbishop of Tuam Cantord Abbat of St. Brandan and Laurence his Chancelor On the sixth of October the King held a great Council at Windsor present there the King his Son the Archbishop of Canterbury and the Bishops of England and present also Laurence the Archbishop of Dublin and the Earls and Barons of England where they made this Concord and Agreement on behalf of Roderic of Conaught First The King of England [6] Append.
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 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 [7] Ibid. b. lin 6. The Archbishop delivers him the Sword of the Kingdom to suppress Evil-Doers to the Church He forbids him to take upon him such Royal Honor unless he meant to keep his Oath Delivered him the Sword of the Kingdom to suppress the Malefactors of the Church Tradidit ei idem Archiepiscopus Gladium Regni ad Malefactores Ecclesiae Comprimendos And then the Archbishop 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 [8] Ibid. n. 10. The King answered he would by the help of God keep it without fraud And then he took the Crown from the Altar and Delivered it to the Archbishop and he placed it upon his Head Archiepiscopus prohibuit ei ex parte omnipotentis Dei ne hunc honorem sibi assumeret nisi in 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 The Report of this Solemnity by Ralph de [9] Col. 647. n. 40.50 Diceto then Dean of St. Paul's who in the vacancy of the Bâ—shopric of London assisted at this Coronation Ralph de Diceâ—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 Piâ—avorum Richardus Haereditario 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 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 [1] Mat. Paris f. 154. n. 10. Hoved. f. 374. b. n. 30. prohibition The Courtiers beat them cruelly out of the Church and pillaged them The City Rabble hearing of it fell upon them in the City killed many of both Sexes pulled down their houses and plundered them Jews cruelly abused and 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 [2] Hoved. ut supra f. 375. a. n. 10. Homages and Fealties of the Bishops Abbats Earls and Barons and then exposed to sale his Castles Towns and Lands He sold to Hugh Bishop of Durham and by his Charter gave and granted to the Church of Durham in pure and perpetual Alms He receives the Homages and Fealties of his Nobility and exposes his Castles and Towns to sale The Maner of Sadbergh with the Wapentac and Knights Fees belonging to it For 600 Marks of Silver [3] Ibid. f. 37â— 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 [4] Ibid. f. 375. a. n. 40. and Mat. Paris f. 154 n. 50. He makes the Bishop of Durham Justiciary for a Sum of Money The Bishop of Durham bought of the King the Earldom of Northumberland for a great sum of Money and gave him a 1000 Marks for to be Justitiary of England On the 16th of [5] Paris and Hoveden ut supra n. 50. He disposed of the Bishoprics by the â—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 Richard Arch-Deacon of Ely the Bishopric of Londoâ— To Hubert Walter the Dean of York the Bishopric of Saâ—isbury and to William Longchamp the Bishopric of Ely In this [6] Hoveâ— f. 375. b. n. 20. Council the King constituted Hugh Bâ—shâ—p of Durham Wâ—lliam Earl of Albemarle his Chief Justiâ—es of England and associated to them in the Government of the Kingdom William Maresâ—all and Geofry Fiâ—z-Peter William Bruer Robert de Whitefield and Roger Fitz-Remfrid In the mean while he had [7] Ibid. n. 30 He writes to the Pope to acquit some of his Subjects from the Service of the Cross sent to Pope Clement and obteined his Bull That all such as he would permit to stay at home for the Guard of his Kingdom should be acquitted from the service of the Cross they had sworn to perform by which power and indulgence he acquired very great Sums of Money In the Month of November [8] Ibid. f. 376. a. n. 20.30 A. D. 1189. The King of France gives him notice he had undertaken the Crusado and would be ready by Easter Rotrod Earl of Perch and other Envoys of the King of France came into England and acquainted King Richard that he in a great Council at Paris and all the great men of his Kingdom who had undertaken the Crusado had Sworn God Willing to be at * Now Viceâ—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 [9] F. 155. n. 50. He and his Great Men promise the same Paris 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. 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 [1] Ibid. f. 377 n. 10. The Pope sends one to determine it but is prohibited by the King The King comes to Canturbury and composes it sent from the Pope to Determine it he came as far as Dover and was prohibited to proceed further unless by the King's Command in the mean while the King came to Canturbury and made concord between them upon these Terms That Roger le Norreis whom the 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 [2] Ibid. n. 30. peace made the King sent for Iohn Anagnin the 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 [3] 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 of Scots The King of Scots does Homage to King Richard He delivers Roxburgh and Berwic Castles to him And releases the subjection of the Kingdom of Scotland and conducted him to the King at Canturbury where he arrived in the Month of December and did him Homage for the Dignities he was to have in England as his Brother Malcolm had them before And King Richard delivered him the Castle of Roxburgh and the Castle of Berwic and Quiet claimed and acquitted him and his heirs for ever from all Allegiance to himself and the Kings of England and also released the Subjection of the Kingdom of Scotland And for this Restoring of his Castles and quiet-claiming of the Fealty and Ligeance of the Kingdom of Scotland and that he might have King Richards [4] Append. n. 68. Chart thereupon he gave him ten thousand Marks Sterling On the [5] Hoved. f. 377. b. n. 30. Geofry Elect of York Appealed against by the Bishops of Durham and Salisbury same day at Canturbury Hugh Bishop of Durham and Hubert Bishop of Salisbury Appealed against 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 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 After these Dispatches on the [6] Ibid. n. 40.50 fifth of December the King went to Dover where a Fleet attended to waft him over into France and the next day Roger Elect of the 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 it by his Chart he also restored all his Lay-Fees in England and beyond Sea which King Henry his Father had given him [7] Ibid. f. 3 8. a. lin 3. Many Privileges and Immunities granted and confirmed to the Church of York He also Quiet Claimed to God Saint Peter of York and to Geofry the Elect and his Successors all their Lands and the Lands of their Canons for Ever from all Exactions and Grievances of the Forest or Foresters and gave them free leave and power to hunt in all their Lands in Nottingham and York-shires Then also [8] Ibid. n. 10. The Appeals against the Elect of York released Hugh Bishop of Durham Hubert Bishop of Salisbury Henry Dean of York and Bucard Treasurer of the same Church by the Kings Command Released their Appeals which they had made against the Elect of York and he at the Request of the King Confirmed to Henry the 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 Consecration From Dover the [9] 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 He left behind him [1] Ibid. n 20. Hugh Bishop of Durham and * William de Magnavil Earl of Aâ—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 Fiâ—z Peter and William Breuer He Delivered to the Bishop of Ely his Chancellor one of his Seals by which He
Marks to the Emperor and from the Earl 30000 upon condition he might be kept prisoner until Michaelmass following or if the Emperor had rather they would give him a thousand Pounds a Month so long as he should keep him Prisoner or if it pleased him better the King of France would give him 100000 Marks and Earl 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 At that Day and place [5] Ibid. b. n. 30.40 Henry Emperor of the Romans with the Great Men of his Empire and Richard King of England with his Mother Queen Alienor and Walter Archbishop of Roven William Bishop of Ely his Chancellor and Savaric Bishop of Bath met and held a Council about the Liberty of the King of England The Emperor out of Covetousness tempted with the money the King of France and Earl Iohn offered would have gone from his Agreement 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 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 â—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 Freed the King from his imprisonment [6] Ibid. n. 50. He thereupon consents to King Richards release he giving Walter Archbishop of Roven Savaric Bishop of Bath and Baldwin Waâ— 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 Menâ—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 Iohns Man or Vassal and therefore would not be Plege for him Respondet [7] 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 [8] Ibid. n. 10. The Emperor writes to Earl John to restore King Richard all his rights and possession Emperor the Archbishops Bishops Dukes and Earls of the Empire by their common Writing to which they put their Seals sent to the King of France and Earl Iohn that presently upon sight thereof they should deliver to the King of England the Castles City's Fortresses Towns Lands and whatsoever they had taken from him while he was the Emperors Prisoner and if they did not to let them know they would help him to recover what he had lost [9] Ibid. n. 20.30 King 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 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 of March. Not long before the Kings [1] 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 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 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 [2] 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 Definitum est Quod Comes Iohannes Dissaisiretur de omnibus Tenementis suis in Anglia ut Castella sua obsiderentur factum est ita and so it was done The same Day [3] Ib. b. n. 10. He his Advisers and Abettors Excommunicated Archbishop Hubert the Bishops of Lincoln London Rochester Winchester Worcester and Hereford and the Elect of Excester and many Abbats and Clercs of the Province of Canturbury came together and 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 [4] Ibid. n. 20 30 40 c. His
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 [5] fol. 400. lin 4. wounded in Fight and taken prisoner where after some days continuance he dyed of his wounds [6] fol. 403. n. 10. The King laments his death When the King received the news of his death he much lamented the loss of so great a Soldier affirming he had not left his [7] Ibid. n. 30. He inviteth the proscribed Noblemen to an accommodation equal in the Kingdom The Archbishops and Bishops returned from Lewelin to the King at 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 [8] Ibid. n. 40. A. D. 1234. Letters to all those that were 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 [9] 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 [1] fol. 404. n. 10 20. They accept the Offer and are reconciled to the King After him came Gilbert Basset and Richard Sward with many others who were proscribed with them and were all received with the Kiss of Peace and reconciled to the King and had all their Rights and Inheritances restored of which their Reconciliation [2] Append. N. 155. Several of them received into his Council and Restoration he gave Lewelin speedy notice and also at the Intercession of the Archbishop He Granted to Gilbert Brother to Richard Earl 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 Councils The Archbishop and Bishops that were sent to Treat with Lewelin made a [3] Ibid. n. 156. A Truce made between the King and Lewelin Prince of Wales Truce for two 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 â—at 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 At the same meeting the Arch-Bishop produced a Copy [4] 〈◊〉 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 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 Then the King [5] fol. 405. n. 10 20 30. Peter de Rivallis severely rebuked and threatened by the King at the request of the 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 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 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 taâ—en out by the Arch-Bishop and put into the Cathedral The same [6] Ibid. n. 40. Stephen Segrave called to an Account day appeared Stephan Segrave before the King He called him Traytor and added that it was by his wicked Counsel Hubert Earl of Kent was removed from the Office of Justiciary and imprisoned And that many of the Nobility were proscribed He required him also to give an Account of his Justiciaryship and by the Mediation of the Arch-Bishop and Bishops gave him time till Michaelmass following to prepare for it Hugo de Paâ—eshulle named Justiciary Then the King named Hugo de Pateshulle a Clerc his Justiciary Son of Simon de Pateshulle who had formerly managed that Office with great integrity This year about the Feast of St. John Baptist The [7] fol. 406. lin â— 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
importunity urged the Payment of it [7] 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 [8] f. 852. n. 10 20. demanded of the Citizens of London Twenty Marks of * That is 9 or 10 score Marks in Silver Gold and also to their prejudice continued the Westminster Fair for fifteen dayes and would not allow them to open their Shops all that time Soon after he [9] f. 853. n. 40 50. The Great men called to consult about the Gascoign Affairs They reflect upon the Gascoigns and favour Leicester called his Great men together to consult with them about the Affairs of Gascoigny When they were met they urged on the behalf of the Earl of Leycester That the Gascoigns were infamous and rebellious as appeared by their treating of their King when he was among them and that they had practised Robery and depredations on Travellers and that the Earl of Leycester had three years and a half yet remaining in his Charter by which the Government of that Country was committed to him The King was not at all pleased to find his Great men so ready to excuse the Earl for he determined to have dealt with him as a Traytor When the Earl had Notice of the Kings design he replyed [1] 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 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 [2] 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 of himself but let the Bishops [3] fol. 859. n. 40. know that he was the Popes favourite and that Presents and Benefices would be very grateful and acceptable to him This year [4] fol. 859. n. 40. The yearly revenue of the Italian aâ—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 Simon Montfort Earl of Leicester this year [1] Paris f. 863 lin 1. Montfort resigns his Patent of the Custody of Gascoigny Alphonso King of 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 [2] Ibid. n. 10. pretending a Grant of that Country from King Henry the Second confirmed by Richard the First and King John Many of the Nobility of Gascony left King Henry and 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 [3] Ibid. n. 20. The King was troubled he had removed Montfort who was gone into France and then past Recalling and Earl Richard had been supplanted after he had obteined a Patent of that Government so as he behaved himself warily and silently In Lent many Reports came from [4] f. 864. l. 4. The English Affairs in Gascoigny in an ill condition Gascony That Reole Castle and several others were taken from the English The King was startled at this News and caused Proclamation to be made and sent his [5] Append. n. 178. Writs into every County that all men should be Armed and Mustered according to Ancient Custom and that Watch should be kept in Cities and Towns About the [6] Paris f. 864. n. 40. middle of April the Gascoigns fell one upon another invaded each others Castles made Captives on both sides burnt and wasted their Houses and Lands The King being in great streights had [7] 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 [8] 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 Tractatura The Nobility met accordingly and he demanded a very great supply of Money from them After much Controversie [8] 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 Error and those concerning the Liberties conteined in Magna Charta they would strain hard to satisfie his desires After [1] f. 866. n. 20 30. The business of the Cross encouraged A Tenth of all Church Revenues granted to the King for three years The Military men grant an 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 thrâ—e years for the Relief of the Holy Land against the Enemies of God to be Received by the oversight of Great Men. And the Military men gave him for that year three Marks of every Knights Fee Upon which the
or others by them to be appointed in their places And if the three Electors agreed not in the Choice of Counsellors or they agreed not in the Creation of Officers or Disposing of or in Dispatching other Business of the King and Kingdom then what should be ordained by two parts should firmly be observed so as of those two parts one should be a Prelate in Matters concerning the Church And if it should happen that two parts of the nine should not agree in any Business 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 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 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 [1] Append. n. 214. Nine to be named to the King for his Council Record by which 't is Manifest That the King gave Power to Stephen Bishop of Chichester Simon Montfort Earl of Leycester and Gilbert de Clare Earl of Gloucester and Hertford to name nine as well Prelates as others by whose Advice he would Govern the Nation and commanded them to proceed to the Nomination Which Record is dated June 23d the day after their first Meeting The short Account [2] f. 394. lin 3. Mat. Westminster his Account of this Affair agrees with the Record Mat. of Westminster gives of this Matter in many things agrees with the Records The Prelates Earls and Barons saith he of that party which seditiously held their King Prisoner met at London and unmindful of the Compromise at Lewes the Oath they had taken and their own Salvation bethought themselves of new Ordinances for the Government of the Kingdom And Ordained amongst other things That two Earls and one Bishop Elected by the Community should Choose nine Persons of which three should Assist the King and by the Counsel of those three and nine all the Affairs as well of the 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 [3] 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 of Lewes immediate entrance into Heaven were Constituted the three chief Counsellors Then [4] 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 [4] 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 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'espenser Justiciary of England Peter Montfort and Richard de Mepham Arch-Deacon of Oxford were [5] Append. n. 215. Procurators and Commissioners appointed to Treat of the Peace The King to be obliged to whatever Peter Montfort should swear Constituted Procurators and Commissioners to treat in the presence of the Magnificent Prince the Illustrious King of France and the venerable Father G. Bishop of la Sabina and 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 Montfort that what he should swear to the King must be obliged to it What these Commissioners did I find not 't is probable the Barons kept themselves to the Instrument of Government made at London without Alteration About the beginning of this 48th year of this King Montfort and his Confederates had caused it to be spread abroad That he intended to bring an [6] Append. 216. Montfort causeth false reports to be spread of the 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 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 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 oâ— 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
Bull was Dated at Viterbo in Italy 5. Idus Junii 9 th of June in the 2 d. year of his Pontificate which was A. D. 1267. the 51 st of this King and Directed to his Legat Ottobon but not put in Execution until after Christmass following 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 â—others Couâ—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 dâ—â—signed to châ—stise Lewelin Prince of Wales and a great support to him in his Rebellious practices in September this year the King came with a great Army to Shrewsbury with Design to March into Wales and Chastise him for his Vnfaithfulness to him who now wanting the help of the Rebellious Barons by Diverting the King applyed himself to the Legat He desires peace and oâ—tains it by whose Mediation a Peace was made [3] Cart. â—1 Hen. 3. M. â— De Reformâ—tionâ— paâ— iâ—ter Regem â— Lewelinum Principem Wallia The Articlâ— of the peacâ— so as all Lands should be restored on both sides and that the Customs of the Marches should still remain That King Henry should grant unto him and his heirs the principality of Wales and that they should be and be called Princes of Wales That they should receive the Homage and Fealty of all the Barons of Wales who were to hold their Lands of them in Capite except the Homage of Mereduâ— 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 Principality Lands Homages and Grants the same Prince and his Successors were to swear Fealty and do Homage and perform the accustomed Services due to the King and his Heirs as they had been done by him and Predecessors to the King and his Ancestors And further was to give him 25000. Marks This Agreement bears Date at Shrewsbury 25 th of September 1267. The Record is long but this is all that is material in it A. D. 1268. 52 Hen. 3. The Pope having in his Bull of the Grant of the tenths of all 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 [4] 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 by the Assignment of the Legat appointed [5] Pat. 52. Hen. 3. M. 32. intus M. 33. Collectors of this tenth in every Diocess The Dean and Chapter of Salisbury [6] Pat. 52. Hen. 3. M. 9. intuâ— 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 [7] Ibid. M. 2. intus compounded with him for 500 Marks down and 350 l. 4 s. ob each year for their own tenths The King with his Army this year Marched [8] Paris fol. 1004. n. 30.40 The King Marcheth against the disinherited in the Isle of Ely He soon reduced or dispersed them toward the Isle of Ely to reduce or disperse such as had taken refuge there and by the assistance and advice of such as inhabited thereabout he made Bridges with Planks and Hurdles at convenient places so that the Soldiers with little difficulty entred the Isle and presently brought many of them to the Kings obedience and put the rest to flight In the year 1269. King Henry was at London [9] Ibid. fol. 1005. lin 1. A. D. 1269. Edward and Edmund the 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 Treasure returned to Rome At the same time the King [1] 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 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 [2] Ibid. n. 20. The King of France his invitation to Prince Edward France sent Messengers into England to invite Prince Edward to accompany him into the Holy-Land Prince Edward accepâ— 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 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 [3] Fol. 10â— lin 4. A Parlemeâ— at Merleberâ— Statutes mâ— there in the Octaves of St. Martin or the 19 th 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 quae de Marleberwe vocantur In the year 1270. King Henry [4] 1006. n. 10. A. D 1270. Prince Edmund Marriâ— 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
Paludes and from thence they annoyed and made Eruptions upon the Romans The old Germans retire into Woods and Bogs Lastly the English Saxons followed the practice of those in old Germany in holding their general Councils Conventions They held Councils as our English Saxons at Easter Whit-sunday and Christmas or Placita's at Christmas Easter and 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 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 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 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 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 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 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 Northumberland and that he was restored by the Authority of Pope Agatho and being removed from his See the second time by King Alfrid Son of Ecgfrid he was restored by order and command of Pope John the Sixth This Story is related at large by [1.] Lib. 3. de gestis Pontif. fol. 147. b. n. 10. Malmesbury yet as he says it was but a Compendium of a larger written by one * See Actorum Benedictinorum Tom. 5. Edit Par. Per J. Mabillon Stephan a Priest but wanting an opportunity of perusing these Acts of the Benedictines shall relate the matter of fact from Bede who at the time of this 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 't is by him reported was this [2.] 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 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 [3.] Ibidem fol. 292. kept out of his Bishoprick by King Ecgfrid or as [4.] De gest pontif fol. 11â— 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 [5.] Ibidem fol. 148. a. n. 30 from whence he returned into England with the French Elegancy or Fineness and the Roman Pomp. And the Lux Splendor and Pomp he lived in were his only [6.] Ibid. 149. a. n. 40. Crimes if we believe that Author and he says not plainly that he was thrust out of his 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 and profits of it sufficient to maintain four Bishops and therefore he ordained two other Bishops for [7.] Ibidem fol. 111. b. n. he placed and displaced Bishops where he pleased in that Diocess and for this cause he appealed to Rome After the death of Ecgfrid [8.] Bed uti supra fol. 444. An. Dom. 686. in the second year of the Reign of (Å¿) Alfrid began his Reign the first [3.] Floren. Wigorn. fol. 566. day of June Anno Dom. 685. when his Brother Ecgfrid was slain so that Wilfrid was restored to his Bishoprick Anno Domini 686. and to that of [4.] Ibidem Hagustald or Hexam in Northumberland only and put out again five years after Anno Domini 691. in the time of Pope Sergius who was created as [5.] Chron. Pontif. Rom. fol. 21. Onuphrius says December 17. 687. and died September 8. Anno Domini 701. to whom Pope John the Sixth succeeded 29 of October following and died the seventh of January Anno Domini 705. And if any Appeal was it must be to this John the Sixth above ten years after his last Expulsion by Alfrid which is scarce credible for probably he would not have had patience
the Title of King of England both Kings gave him Dorchester in Oxfordshire for his Bishops Seat But King Cenwalch divided his Nation into two Parishes or Paroches and erected another Bishoprick at Winchester where he placed Wine as Bishop The Heptarchy A. D. 6â—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 Meâ—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 Bettâ— and Diuma Partners The Controvâ—rsie about Eastâ—r Ibid. c. 25 26. A. D. â—64 The Question about the Observation of Easter and some other small Ecclesiastical Controversies much disturbed the Quiet of the Church and People at this time so as those of one party would scarce eat drink or communicate with the other the Scots followed the Quatodeciman way according to the Asian Tradition the English the Roman manner of observing Easter and some other small things Managed by Coleman and Wilfrid Oâ—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 now Whitby in Yorkshire where in the opinion of King Oswy of Northumberland Wilfrid prevailed whom he made Bishop of York Ibid. l. 4. c. 1. Deusdedit Archbishop of Canterbury being dead Ercombert King of Kent and Oswy King of the Northumbrians sent Wighard to Rome desiring he might be ordained Bishop of the English Church who dying at Rome Pope Vitalian ordained Theodore a Monk then at Rome Theodore Archbishop of Canterbury A. D. 668. Ibid. c. 2. a Grecian born and very learned man in those 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 't is 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. 6â—â— in noteing the Acts whereof he stiles himself only Bishop of Canterbury and the other Bishops his Fellow-partners and Brethren in which it was decreed that such things as had been canonically decreed by the 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 * See more of this at the latter end of the first part of this History Agatho at Rome This year at the command of Ecfrid King of Northumberland Edilred King of Mercia Another Council called at Hatfield by the câ—mmand of four Kings Spâ—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 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 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. â— c. 13. The South-Saxons converted Isle of Wight converted Bede l. 4. c. 2. Theodoâ—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 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 * Not into such limits as now make Paroches or Parishes but Bishopricks Parish and Bishoprick all one in elder times Bede l. 3. c. 7. Fol. 188. South-Saxons and Kent ruled by West-Saxon Laws which were commonly called Parishes in Elder times so King Cenwalch is said to have divided his Province into two Parishes when he made a new Bishoprick at Winchester that was taken out of the Diocess of Dorchester Parishes (r.) Lambard says Ina began to reign in the year 712. and quitted his Government in the year 727. but I rather follow Spelman in his Councils who thinks his Laws might be published about the year as in the Margin here is noted to the Laws of the West-Saxons were subject the South-Saxons and the People of Kent Ina King of the West-Saxons about this time published his Laws which were made by the perswasion of his Father Cenred his Bishops Hedda and (Å¿) 'T is probable Ina at that time might be the most powerful of all the Saxon Kings and have the Title of King of England and so Erkenwald who was Bishop of London might be called his Bishop or London then be under his Power Erkenwald and of his Earls or Elders and wise men Ina his Laws A. D. 692. among which were many that were meerly Ecclesiastick as the first 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) It was called a great Council perhaps from the number of all sorts of People that were there not from the number of Divines or Religious which subscribed they being but fifteen Persons Archbishop of Canterbury called Archbishop of Britain at England and five of them Women a great Council held at Becanceld a place in Kent 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) The Archbishop of Canterbury in these antient times is sometimes called Archbishop of Britain sometimes of England Britain Toby Bishop of Rochester and all the Abbats Abbesses Priests Deacons (x) The Latin
words Dux Comes Princeps Consul in elder ages are used promiscuously and signifie any kind of Nobility Dukes and Noble-men of that Kingdom the only things here treated and concluded on were in favour of the Church and Monasteries viz. That the Kings or other Potentates should not constitute or appoint any Heads or 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 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) Now Monk-Weremouth at the mouth of the River were in the Bishoprick of Durham Weremoâ—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 The Heptarchy A. D. 7â—5 About this time Ina King of the West-Saxons being at Rome gave the famous Almes called (z) Otherwise called Romescot Romefee Heorth-penny 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) He was then also stiled King of England in Boniface Bishop of Ments his Epistle to him Lamb. peram Kent â—88 Cloveshoo where Mercians there was a great Council held at (b) In Saxon Cliofeshoo or Cliffe at Hoo near Rochester or Cliffe at Hoo that is Cliffe in the Bayliwicke or Hundred of Hoo in Kent if then perhaps there were such Divisions in this County Cloveshoe he presiding Cuthbert Archbishop of Canterbury A. D. 742. and the other Bishops being his Assessors wherein the Priviledges 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 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 at the instance of Pope Zachary who by his Epistles severely admonisheth the Saxons of all sorts Kings Nobility Clergy Religious and Laity that they leave off their wickedness here Cuthbert Archbishop of Canterbury presided King Ethelbald his (c) The Latin words are Duces and Principes Dukes and Princes being present the chief Canons worth notice were That Bishops should prosecute their Pastoral Charge A. D. 747. Ibid. a fol. 242. ad fol. 256. and not Secular Affairs That once in a year they should visit and go through their several (d) The Latin is Parochias only Paroches or Diocesses and take account of the Regularity labour and sufficiency of their Clergy That the Picts who understood not the Creed the Lord's-Prayer The Lord's-Prayer and Creed to be taught in the Vulgar Tongue the words of the Mass and of Baptism should learn to understand and teach them in their own Tongue especially the Creed and Lord's-Prayer that they ought not to intermeddle in worldly 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 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 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 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 every Family in his Kingdom Spelman out of the Life of Offa says these (e) Spelman out of the Book of the Life of Offa affirms they were called Peter-pence Conc. fol. 311.313 Peter-pence why so called because they were paid exactly on the day of the Feast of St. Peter ad vincula as common Rents are called Michaelmas and our Lady-day Rents because due or payable upon those days Peter-pence were given to the English School at Rome for the Sustentation of English Scholars there he rather confirmed Ina's Gift before mentioned Sim. Dunelmensis says this year the Danes invaded England and that they landed in the North but Matt. of Westminster De Hist Eccl. Dunelm col 12. Danes first arrival A. D. 793. Florileg in that year where ever he had it tells another Story that they came first hither as Spies in three Ships to discover the Country somewhere about the West and that landing by stealth and
to have been a (g) By Matth. of West Brampton and many others but not mentioned by Asser Malmsbury or in the Saxon Annals and therefore suspitious Monk and Bishop of Winchester took upon him at the request and importunity of his Nobility A. D. 836. the Government of the Kingdom of the 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 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) Barely mentioned and briefly touched in the Succession of several years in the Saxons Annals and in Asser whom the rest follow inlarging upon them according to their Fancies Saxon Annals and Asser in these years and so forward The Danes harass Lindsey East-angles Kent London Canterbury and Rochester as that Duke Wulfheard fought against three and thirty of their Ships at Hampton A. D. 887. and the same year Consul Ethelhelm fought the Danes with the Dorsetshire men at Port where at first Ethelhelm but at last the Danes prevailed the next year Earl Herebert was killed in Battel of the Pagans and many others at Mereswar and the same year the Countries of Lindsey East-angles Kent c. were harassed and destroyed and many slain by them and the next year they made great slaughters at Canterbury London and Rochester and so forward nothing but insignificant Relations year sometimes the Saxons sometimes the Danes prevailing Ethelwolph Monarch A. D. 836. who by their often Invasions in every part of the Kingdom rather seemed to pray upon and 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 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 and a Security against their Enemies which was an (i) The General Meetings of the Bishops great or wise Men as they were frequently named Great Councils or Parliaments Tenth Mansion Hide or Family what it signifies or of the States or Baronage were called Witenage gemotes Mycel Synods great Councels and afterwards Paliaments Act of the great Council or Parliament in those days however it be commonly called the Grant of King Ethelwolph of the Tith of the Profits of all (k) Tiths might be paid by some Persons and in some places before this Grant but this was the first publick Act that imposed a necessity of paying them In Ingulph the Latin words are decimam Mansionem that is Hidam seu familiam the Tenth Hide or Family which perhaps maâ—â—elate to the Poor Parson which was to be maintained upon every Tenth Mansion as above noted or perhaps if the Tenth Mansion were given it might be the first Foundation of the Rectory and Glebe Laâ—ds in every Parish for besides 't is said in Ingulph that the Tenth of all Goods were granted to the Church In others the Latin words are decimam partem terrarum per regnum nostrum the things granted however expressed were the Tithes of the Profits of all Lands as Selden concludes History of Tiths fol. 206 c. Ibid. fol. 207. for as he affirms whether it be the Tenth Hide the Tenth Mansion or Family or the Tenth part of the Land it is all one they being words that signifie the same things and import no more than the Tenth part of the Profits growing in them 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) Free from Military Service building and repairing of Bridges and Castles called the Trimoda Necessitas to which all Lands whatsoever were subject whatsoever to the Church this Grant by the consent of that great Council was signed by all the Archbishops Bishops and Secular States of all England by Beorred King of Mercia and Edmund King of the East-angles then Subject and Tributary to Ethelwolph who after it was subscribed offered it upon the Altar of St. Peter the Apostle in the Cathedral at Winchester where the Council was held and the Bishops caused it to be published in every Church of their several Diocesses or (m) The Latin words are Per omnes Ecclesias in suis Parochiis Paroches This done he went to Rome leaving the Danes in Shepey Island and carried with him his beloved Son Alâ—rid and staying there a year returning through France he brought with him Judith Daughter of Charles King thereof Asser de gest Alâ—r fol. 2. whom he had married Ethelbald conspires against his Father Ib. In his absence Ethelbald his eldest Son Alstan Bishop of Sherborn and Eanwulf Earl of Somersetshire conspired against him and would have excluded him the Kingdom who foreseeing the Dangers and Miseries of a Civil War Ibid. fol. 3. Between Ethelbald and his Father the Kingdom is divided A. D. 858. out of his 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 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 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
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 and Merchandize only and from thence came the distinction of Fiefe Noble and Roturier c. There were [2.] Spel. Gloss fol. 219. Hottom in lib. de disp Feud c. 6. F. three sorts of Military Fees Royal Fees as Dukedoms Counties Marquisates 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 Military Fees or Knights Fees such as were held of those Mesn Lords and by them given to their Soldiers all these degrees of Fees were in Normandy as appears by the [3.] C. 34 35. Grand Customer where they also had all the Incidents of Military Fees Ward Marriage Relief Homage and Fealty and such Divisions into all these sorts of Fees were made of the greatest part if not * See 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 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 [4.] Gloss fol. 214 215. Forfeitures incident to Feudal Tenure Sir Henry Spelman hath collected from the Feudist and Feudal Laws and some of them do here follow Originally all Vassals held their Lands at the will of the Lord and whether they were Delinquents or not he might at his pleasure take them from them In point of Tenure they were much like our ancient Copy-holds at 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 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 Fee And by committing Felony and the non-performance of the most of these things upon conviction the Tenents [5.] 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 account of the Institution of Mannors here in this Nation as I find it in our Learned Glossarist [6.] 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 The Saxon (d) Many of them had so but without doubt they had some Feudal Tenures or somewhat like them they with the Angli Jutes c. coming from the Cimbric Peninsula and the North Parts of Germany where such Tenures were General from whence the word Vassus Vassallus or Valvasor was derived to other Nations Hot. de Feud disp cap. 7.820 C. As also in their Neighbour Nations of Danemark and Norway Jurisdictions had their Origin from the Grants of their Kings They were Feudal but 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 of every Town or Village and * See Doomesday Book every where how Villages and Towns are described with such Peopâ—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 [7.] Ibidem another share he gave to his Vassal or Vassals for their aid and assistance in War and these were called (e) I rather think these Fees to have been most whole at first and that in time by favour of the Lord they parcelled out and sold them and such a part of a Knights Fee was apportioned to such and such a man as Rents are amongst Copy-holders at this day where a Tenent sells part of his Copy-hold to one part to another There are many Instances of whole Mannors granted by the Service of one Knights Fee Robert Fitz-Roger 9. Richard the First had a Grant from him of the Maner of Eure in Buckinghamshire by the Service of one Knights Fee 1. Jonannis a Confirmation of the Castle Maner of Workeworth in Northumberland by the Service of one Knights Fee 5. Johannis the Maner of Newburn in the same County by the Service of one Knights Fee The Maner of Clavering in Essex by the same Service 7. Johannis the Maner of Robiri in Northumberland by the same Service of one
de Wotton Petrus de Bekeringe Willielmus Hanpel Rogerus Arsic Herb. de Nevill Rob. de Basingham Richardus Ottringham Willielmus fil Drogonis Willielmus 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 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 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 non cognoscit se ei ea debere unde eadem Eda quae tenens est ponit se in magnam Assizam Domini Regis c. Rot. 4 o 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 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 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 Riparia Milites Jurati dixerunt Quod mortuo Rotberto Rothomagensi Aepo Rex Hainricus cepit Regalia in manu sua posuit custodes suos ad ea custodienda cum autem Galterius de Constantiis qui erat familiaris Regis in Archiepiscopum promoveretur Rex reddidit ea illi sed dixerunt se nescisse utrum reddiderit ei amore quia familiaris ejus erat vel de Jure vel aliquo modo alio After this Abstract made as an Argument of the Similitude at least if not Identity of Norman and English Laws we shall consider their Terms and Vacations or times in which the Laws were practised and forbidden Terms and Vacations which may much add to the discovery of the sameness of them and whence they were derived Grand Cust C. 81. Tit. de Temp◠enquoy loy nest pas 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 the Canon-Law viz. from Advent until the Octaves of or after Epiphany from Septuagesima to the Octaves of Easter and three Weeks before the Nativity of St. John Baptist but these times of Prohibition of Marriages differed according to the Constitutions of several Councils Non [1.] 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 ab adventu Domini usque post Epiphaniam nuptias celebrare quod si factum fuerit seperentur Nullus Christianus [2.] 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 Vt tempora interdicta ad celebrandum nuptias non possunt aliquando ex ignorantia excusare monemus [3.] 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
Grand Customer no Body that considers what [9.] Lib. 2 de Gest Reg. f. 44. b. n. 20 30 c. Malmsbury and other ancient Historians report of the Confessor that he was a weak easie man Edward the Confessor unfit to make Laws not fit for Government will ever believe he could contrive a System of Laws and so adapt them to the Genius and Humour of the Normans that they should quit their own and receive new Laws and Customs from him if it were not almost a Contradiction to call a Custom new I need not say more to satisfie any judicious Person that the Grand Customer of Normandy was the Law of that Country and not made by Edward the Confessor or carried over from hence by the Conqueror and shall therefore leave it with this farther Remark That if any men be more affected with Traditional than written Laws this Book hath that advantage likewise For [1.] Grand Custom 2d part fol. 69. before and after that Charles the Simple gave Normandy to Rollo and his Northern People unto the time of Philip [2.] Ibidem A. D. 1203. or thereabouts the August who caused them first to be put in order and written The Customs contained in it were a [3.] Epistle to the Custom of Normandy collected by George Lambert c. printed at Roven 1588. Cabal Traditional and unwritten for at least 800 years and were imposed upon his Subjects of England by William called the Conqueror But what answer would Sir Edward have made if he had been asked whether William did not also carry our Laws into old Germany for there in Normandy and England were in a great measure the same Laws only the Normans used a more formal and perhaps rigorous and strict method in the Practise and Execution of them which they brought hither From these Observations concerning the Laws in use at and presently after the Conquest I proceed to Authority Proof from Authority that our Laws were not the Norman Laws and undoubted Testimony of such as lived in or near those times for without Authority some men will not be satisfied Eadmer [4.] Hist Novor fol 6. n 10 20 30. writes that William designing to establish in England those Usages and Laws which his Ancestors and he observed in Normandy made such Persons Bishops Abbots and other Principal men through the whole Nation who could not be thought so unworthy as to be guilty of any Reluctancy or Disobedience to them knowing by whom and to what they were raised All Divine and Humane things he ordered at his pleasure and after the Historian hath recounted in what things he disallowed the Authority of the Pope and Archbishop he concludes thus But what he did in Secular Matters I forbear to write because it is not my purpose and also because any one may from what hath been delivered in Divine Matters easily guess what he did in Secular Somewhat also to this purpose Ingulphus [5.] Hist Croyland f. 512. a. b. All Earldoms Places of Honor and Profit given to the Normans informs us that by hard Usage he made the English submit that he gave the Earldoms Baronies Bishopricks and Prelacies of the whole Nation to his Normans and scarce permitted any English man to enjoy any place of Honor Dominion or Power But more express and full to this purpose is the account we have in [6.] De Necessar Scaccarii observ de Murdro in M. S. Calo-Gonvil p. 35. a.b. Gervasius Tilburiensis of the Conqueror's dealing with the Natives more valuable than the Testimony of a hundred others which he thus delivers After the Conquest of the Kingdom and just subjection of Rebels when the King himself and his great men had viewed and surveyed their new Acquests there was a strict enquiry made who there were which fighting against the King had saved themselves by flight From these and the Heirs of such as were slain in Fight all hopes of possessing either Lands or Rents were cut off for they esteemed it a great favor to have the benefit of their Lives But such as were called and urged to fight against William and did not if in process of time they could obtain the favor of their Lords and Masters by an humble obedience and obsequiousness they might possess somewhat in their own Persons without hope of Succession their Children only enjoying it afterward at the will of their Lords to whom afterwards when they became odious they were every where forced from their Possessions nor would any restore what they had taken away When a commune miserable Complaint of the Natives came to the King that they thus exposed and spoiled of all things should be compelled to pass into other Countries at length after Consultation upon these things it was Decreed that what they could by their deserts and lawful bargain obtain from their Lords Perhaps from hence might be the Original of Freeholds or Copyholds of inheritance after the Conquest they should hold by inviolable right but should not claim any thing from the time the Nation was overcome under the Title of Succession or Descent * Ibidem Upon what great Consideration this was done it is manifest when as they were obliged by a studied compliance and obedience to purchase their Lord's favor so therefore whosoever of the conquered People possessed Lands or such like obtained them not as seeming to be their right by Succession but as a reward for their Merits or by some intervening Agreement What I have here delivered upon this subject may probably meet with great prejudice from such especially who have or may read Sir Edward Coke's Prefaces to his third sixth eighth and ninth parts of his Reports his reading upon the Statute of Fines or other parts of his Works Sir John Davis his Preface to his Irish Reports Mr. Nathan Bacon 's Semper Idem The late Learned Lord Chancellors Survey of Hobbs his Leviathan p. 109 110. And many other works of eminent Persons of the long Robe or indeed any of our English Historians and therefore I am necessitated to dwell the longer upon it That I may give all just satisfaction to such as desire to inquire into the validity of their Arguments and Authorities by which they would perswade The Arguments used to prove the Common Law of England was not the Norman Law nay convince the World that the Common Law and Customs in use and practice in their times were the same that were in the Saxon times and never altered or changed by the Conqueror And beyond them all [7.] Epistle to the sixth part of his Reports Sir Edward Coke concurs in opinion with Sir John Fortescue that this Nation in the time of the Romans Saxons Danes and Normans was ruled by the same Laws and Customs and that they were not changed by any of these People which he [8.] In Preface to the eighth part of the Reports affirms he hath proved by many
Wind and when he and his Retinue were ready to take Ship [6.] Ibidem n. 20. 3â— His Arch-Bishoprick is seized their Bags and Sachells were all searched by William 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.] In Append. n. 17. Anselms Complaints to the Pope concerning the Kings usage of him and of the Church Lands 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 not restore them to him as Lanfranc held them that he exacted grievous Services from him such as his Predecessors knew not and such as he could not nor ought not to bear and that he overturned the Laws of God and Canonical 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 [8.] Eadm fol. 45. n. 20. The Pope writes to King William and Commands him to restore to Anselm what was taken from him he came to Rome and was decently received by the Pope he was asked the cause of his coming thither which he rehearsed in the same order he had wrote it in his Epistle The Pope promiseth him Relief and wrote Letters to King William in which he Moved Exhorted and Commanded him to restore to Anselm what he ought to have and what was taken from him To the same purpose Anselm wrote to the King and sent his Letters with the Popes [9.] Ib. f. 48. n. 20 30 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 and Honour of the Arch-Bishop of Canterbury [1.] 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 [2.] Ibidem fol. 50. n. 10. In the Council of Bar it was Decreed the King should be Excommunicated In this Council it was Decreed that King William should be Excommunicated and Anathematized which Anselm hearing fell down upon his Knees before the Pope and with much difficulty obtained the Revocation of that Sentence This [3.] Ibidem fol. 51. n. 40. Council being ended the Pope with Anselm departed to Rome where they found the Messenger that carried the Letters to King William who told them that with much ado he received the 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 should have his Eyes pulled out The King unwilling to return an Answer by this Messenger [4.] Ibidem n. 50 The King sent William Warlewast to answer for him to the Pope sent William Warlewast to Answer for him to the Pope who declared unto him That his Master the King 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 [5.] Ibidem fol. 52. lin 1. The 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 let him certainly know he shall in that Council receive such Sentence of * Damnationis Sententiae Condemnation as he deserves [6.] Ibidem n. 10. Hereupon the 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 [7.] 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 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 [8.] Ibidem n. 40 50. though Anselms Cause was propounded and vehemently urged yet nothing was done in it particularly to the advantage of Anselm yet after he made great use of [9.] Ib. f. 53. n. 10 20. A Decree against receiving Investitures from Lay-Men a general Decree That as well all Lay-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 [1.] Ibidem says he was present in this Council and saw and heard this Decree passed and confirmed The Council then ending [2.] Ibidem n. 30. Anselm goes from Rome and fixeth himself at Lyons the day following Anselm receiving no Assistance nor Relief from the Pope with his Licence departed from Rome to Lions and there fixed his Habitation without all hope of returning to England while William was King where he remained until the death of Pope [3.] Ibid. fol. 54. lin 2. Vrban which happened * Onuph Chr. Pont. Roman the Thirtieth of July 1099. before the time King Williams Answer was expected and afterwards until the death of the King Eadmer first of all Historians from common fame [4.] Fol. 46. n. 50. fol. 47. lin 1. n. 10. King William Rufus accused of Judaizing writes That the Jews at Rouen applied themselves to William and by Money prevailed with him to compel the Christian Proselites to return again to Judaism and more particularly that the Father
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 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 [2.] Fol. 61. n. 40. writes That King Henry passed over into Normandy with design to fight against his Brother the Duke in the year 1105. and Conquered Caen and Bayeux by the Assistance of the Earl of Anjou he should have said Main and many other Castles and that most of the Principes or chief Men of Normandy yielded themselves to him But in the [3.] Ibidem n. 50. same year he returned into England to recruit his Army that he might go back with a greater force In the year 1106. [4.] Ibidem Robert Duke of Normandy came to his Brother at Northampton requesting he might be restored to his Grace and Favour But God says the Monk consented not to an Accord between them yet Henry was smitten with the sense of a Cauterized Conscience in obtaining the Kingdom and began within himself to fear an Insurrection as it had been privately told him and the fulmination of Gods Judgments against him [5.] Ibid. fol. 62. lin 4. because he had usurped upon his elder Brother who had manifest Right to the Kingdom which he had too unjustly taken from him But fearing Men more than God he first bound the Noblemen to him by crafty Speeches and subtil Promises which in the end he * Ibid. n. 20. impudently violated [6.] Ibidem lin 6. Robert de Belism escaped from the Battle Thinking afterwards by the Foundation of an Abby to satisfie God for so great a Crime And then follows a confused Story of the Preparation to and Battle it self before mentioned From which Robert de Belism the Kings Mortal Enemy escaped by flight [7.] Ord. fol. 822. B. And would have brought the Earl of Main from the King and endeavoured to bring Elias Earl of Main off from the King by whose help he designed to restore Duke Robert again but finding him not to be drawn off [8.] Ibidem fol. 823. A. he then used him as a means to make his Peace with the King Robert de Belism is restored to his Paternal Inheritance which was granted and he was restored to Argenton Castle in the Bishoprick of Seez and all that was his Paternal Inheritance It fared not so well with Robert de Monteforti [9.] Ibid. C. An. Do. 1107. for King Henry called together his Proceres or great Men and impleaded him for breach of Faith having favoured the Dukes Title whereupon knowing himself guilty he got leave to go to Jerusalem and left all his Lands to the King And having thus subdued Normandy [1.] Ibidem fol. 831. D. An. Do. 1107. A great Council in Normandy by War he often called the Magistrates or Governors of the People to Court and both with fair words and threats moved them to behave themselves as they ought to do In the Month of January there was a Convention of the Proceres or Noblemen before the King and in [2.] Ibidem fol. 832. A. Another in which many necessary Laws were made March he held a Council at Lisieux and made necessary Laws to govern the People under him by the Consultation of the Magnates or great Men. And by his Royal Power having allayed the Tempests he easily kept Normandy in subjection [3.] Ibidem fol. 833. B. King Henry returns to England And thus prudently disposing the Affairs of that Country he went into England Where by the [4.] Eadm f. 49. n. 10 20. He redresseth many evil Practices there And punisheth them by pulling out of Eyes cutting off Hands and Feet 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 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 He [5.] 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 [6.] Ord. Vit. fol. 837. D. An Do. 1108. Henry endeavours to get William the Son of Duke Robert into his Custody thus Established in the Dukedom of Normandy and having his Brother Robert Prisoner in England by Advice of his Privado's Commanded his Son William whom he had for his Education committed to the Care of Elias de Sancto Sidonio should be taken into Custody and appointed Robert Beauthamp Viscount of Arches to do it when he came to the Castle of Elias the young Prince had made his escape whereupon he seized the Castle to the Kings use who gave it to William de Warrenna [7.] Ibidem fol. 838. A. His Tutor Elias carried him through many Countries and shew to many Persons the Elegancy of his Person and Excellency of his Parts moving the Affections and Compassion of all toward him Many of the Normans favoured him and wished he were in possession of the Dukedom by which they offended the King and rendred themselves suspected to him Especially [8.] Ibidem Robert de Belism who thinking upon the Affection and Kindness he had for the Duke and what Power he enjoyed under him above the greatest of the Normans Endeavours to set up William Son to Duke Robert endeavoured what he could to set up his Banished Son [9.] Ibid. B Robert and Elias consulted about this Affair and 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 [1.] Ibidem Fulke Duke of Anjou * Gemet lib. 8. C. 34. B. who had Married the Daughter and Heir of Elias Earl of Main promised him his Daughter Sibyl and with her the Earldom of Main and for a while gave him great encouragement But King Henry by Craft and Industry by fair
William Crispin were taken [1.] Ibid. fol. 855. A. The King of France was alone and lost in a Wood from whence a Country Man conveyed him to Audeley whether the remains of his routed Army was retired In this Battle were [2.] Ibidem fol. 884. D. But 900 Horsemen on both sides but 900 Milites or Horsemen on both sides unless perhaps there might be so many Milites besides their Retinue and they accounted a great number whereof only three were killed for they were so Cloathed with Iron as they could scarce be in danger [3.] Ibidem fol. 885. B. King Lewis his Standard was here taken and King Henry bought it of him that took it for 20 Marks which he kept as a token of the Victory His Horse also was taken which was sent back next day with his Saddle Bridle and whole Furniture And Prince William sent likewise his Cousen William the Son of Duke Robert his Horse which he had lost with many other Gifts When King Lewis [4.] Ibid. D. Almeric de Monteforti 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 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 [5.] Ibidem fol. 886. A. The King being well pleased followed his Advice and forthwith sent his Edict to the Bishops who readily obeyed it and Anathematized 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 [6.] 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 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 the courage of the Defendants At three of the Gates there was a sharp and obstinate Conflict and many sell on both sides King Henry so soon as he heard [7.] Ibidem C. D. the French were returned into Normandy sent his Son Richard with a Supply of 200 Milites or Horse to Ralph de Guader which being discovered the courage of the Assaylants began to fail them The brave Governor went from Gate to Gate to encourage and aid his Soldiers and often changed his Armour that he might not be known The King followed his Son and those he had sent before with a great Army and resolved to fight the great Body of the French But they despairing of taking the Town were forced to return into France The French march home carrying back nothing besides plundred Goods but Ignominy and Blows [8.] Ibidem fol. 857. A. William de Chaumont the King of France his Son in Law and other haughty Soldiers much moved at their ill success before Breteul in their march home set upon the Castle of Tiliers where Gilbert the Castâ—llan suddenly sallied out upon them and took William Prisoner for whose Redemption he had 200 Marks of Silver Others also of his Company he surprised and the rest fled with disgrace Upon this success [9.] Ibidem B. C. Richer de Aquila a great Baron submitted to the King and by the Mediation of his Uncle Rotro Earl of Perch obtained his Fathers Estate both in England and Normandy The Castellans of Gloz and Lire followed his Example made their Peace and delivered them up to King Henry In the midst of [1.] Ibid. D. An. Do. 1119. October (g) This Pope was [2.] Orderic f. 848. A. Guido Arch-Bishop of Vienne in Dauphin seated upon the River Rhone a Frenchman and chosen the Second of February then last past he was Son to William Duke of Burgundy whose Mother was Alice Daughter of Richard the Second Duke of Normandy Calixtus the Pope with the Roman (h) By the Roman Senate Ordericus means * Ibidem the Colledge of Cardinals many of whom he names and says it was their special Prerogative to chose and Consecrate the Pope Senate came to Rhemes stayed there fifteen days and held a 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 Ocean and all the Western Provinces [3.] Ibidem King Henry's Prohibition and Directions to his Bishops in this Council The King of England indeed permitted the Bishops of his Kingdom to go to the Synod but did altogether prohibite them to make any Complaints of any sort whatever telling them he would do every one that complained Right in his own Land [4.] Ibid. fol. 858. A. That he paid yearly the Revenue those that had gone before him had granted to the Roman Church And yet says he I hold the Priviledges in like manner acknowledged due to me in ancient times declaring the further Liberty he gave them in these words Go ye salute the Pope in my name and only hear his Apostolical Precepts but bring none of his new Inventions into my Kingdom In this Council the King of France accompanied with his [5.] Ibidem C. D. The King of France in this Council complains of the King of England Barons came and made his Complaint against King Henry That he was his Confederate and yet committed many Spoils and Rapines upon his Subjects That he violently invaded Normandy that was a Fee of his Kingdom That against all Law and Right he detestably Treated Robert Duke of Normandy that was his Vassal and Henry's Lord and Brother That he had taken and a long time detained him in Prison And behold says he William the Son of the Duke who I present here before you he hath utterly disinherited and banished By
Bishops and Earls I have required him to deliver me the Captive Duke but could not obtain my desire I sent Robert de Belism to him on several Messages he secured him in his Court cast him into Bonds and yet keeps him Prisoner Earl Tedbald is my Vassal and yet by the instigation of his Uncle he riseth up against me and being inflated by his Power and Riches Rebelled and made grievous War against me and my Kingdom and much more to this purpose [6.] Ibidem fol. 859. B. All the French Clergy in this Council justified what he said yet Geofrey Arch-Bishop of Rouen and all the Norman Bishops and Abbats rose up to make his defence and excuse him but could not be heard In this Juncture [7.] Ibid. fol. 863. C. D. Tedbald Earl of Blois reconciles the Noble Normans to King Henry Tedbald Earl of Blois the 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 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 his Friends humbly satisfied him and thereupon to his own satisfaction was pardoned When this Council was ended in [8.] Ibid. fol. 864. D. 865. A. B. The Pope moves King Henry to restore his Brother Robert and his Son November following the Pope came into Normandy and met King Henry at 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 him and his Son William to the Dukedom He [9.] Ibidem C. D. His Answer to the Pope Answers the Pope that he did not take the Dukedom from his Brother but only secured his 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 Bishops would have given in the Council to the King of France the [1.] Ibidem fol. 866. B. Pope was satisfied and approved what he had done and said he had heard enough of the Duke and his Son And so leaving them to shift for themselves his next [2.] Ibid. fol. 866. B. C D. The Pope makes Peace between the Kings of France and England work was to strike up a Peace between the two Kings which was suddenly accomplished without the least cavil exception or difficulty all Castles and Strong Holds taken in the time of War being mutually delivered and Prisoners on both sides set at liberty The War being [3.] Ibidem fol. 867. C. King Henry comes for England ended and things well 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 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 When the Fleet [4.] Ibid. D. was ready in the Port of Bartaflot now Barfleur the King with a noble splendid Train the Wind at South set Sail on the Twenty fifth of November in the Evening and landed in England next Morning His Sons William and Richard had not the same good fortune for being in another Vessel called the White Ship whereof one Thomas Fitz-Stephen was Captain or Master [5.] Ibidem fol 668. A. Prince William 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 [6.] Ibidem f. 870. A. B. Amongst whom were as before noted Prince William his half Brother Richard and his half Sister Maude the Wife of Rotro Earl of Mortain in Perch Richard Earl of Chester and many of the young Nobility who chose that Ship for the Company sake The King [7.] Ibidem fol. 871. A. distributed the Honours and Estates of such as perished in this Shipwrack very providently for he Married their Widows Daughters and Nieces to his Courtiers and Soldiers and gave with them their Patrimonies King Henry [8.] Ibidem A. D. 1120. having lost his Wife and Son by the Counsel of his Wise Men resolved to Marry and chose for his Wife Alice the fair Daughter of Godfrey Duke of Lovain She continued his Queen fifteen years but never bare him any Children Many [9.] Ibidem f. 875. C.D. An. Do. 1122. A new Contrivance against King Henry observing that King Henry had no Issue Male looked towards William Duke 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 the King gave Amicia the Daughter of Ralph de Guader which had been Contracted to his Son Richard and Breteul in Normandy with all the Estate appertaining to that Others of the [1.] Ibid. fol. 876. A. B. C. The Confederates Confederacy were Almaric de Monteforti Earl of Eureux the 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 Conspiracy The King [2.] Ibid. D. An. Do. 1122. Civil War in Normandy understood their Designs and in October summoned together a great Force at Rouen and on
Sunday after Dinner marched from thence no Man knowing his Resolution or whether he intended to go for about two years [3.] Ibid. fol. 877 878 879. both Parties burnt and harassed the Country took one anothers Towns and Castles At length [4.] Ibid. fol. 880. A.B.C. An. Do. 1124. A Battle between King Henry and the Normans The Normans beaten that appeared for Prince William on the Twenty sixth of March they came to a Battle where Earl Walteran Hugh de Montfort and Hugh of Newcastle his two Brothers in Law and Eighty other Knights or 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 lived with him an Exile in France After Easter the [5.] 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 into England [6.] Ibidem 882. A. They submit and make their Peace with King Henry Most of the Confederates not long after submitted Almeric Lupell and others the 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 [7.] Malms Hist Novel fol. 99. a. n. 10 20 30 40 50. King Henry sends into Germany for his Daughter Maude the Empress year 1126. the Emperor Henry the Fourth died of which so soon as the King heard he sent into Germany for his Daughter whom the Germans would have had Reign over them but the King having an intention to Marry her to the Duke of Anjou Tourain and Main they lying convenient for a conjunction to Normandy would not permit her to stay When [8.] Ord. Vit. f. 884. C. D. An. Do. 11â—7 Prince William Married to the Queen of France her Sister He claims Normandy all these Designs failed in restoring Robert the Father and advancing William the Son Lewis King of France still protected the young Man and by the procurement of Alice his Queen he was Married to her Sister and the King gave him Pontois Chaumont and Mant and all that Country now called Veuxin Francois This was done in January and before Lent he came with some force to Gisors and claimed Normandy but the Normans were afraid to receive him as their Natural Lord. It happened that on the First of [9.] Ibid. D. f. 885 886. A. An. Do 1127. Gemet lib. 8. cap. 14. He is made Earl of Flanders March following Charles of Denmark Earl of Flanders was Murdered and Lewis King of France gave unto this William that Earldom in right of his Grandmother Maude Queen of England and he restored to the King all the Towns and the Country of Veuxin which he had given him in France There were many Pretenders to the Right of this Earldom as William Earl of Ipre Theoderic Earl of Ou and Baldwin of Haynault 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 them Alost which William besieged and beat the Forces of Theoderic that came to relieve it but that very day before the Castle Is slain before Alost Castle he was with a Lance thrust under the Ball of the Thumb into the Wrist of which Wound he died within five days and according to [1.] Lib. 8. c. 16. Gâ—meticensis his death happened on the Twenty seventh of July 1128. he died without Issue as also did [2.] Ord. Vit. f. 780. D. 781. A. Richard and William two Natural Sons of Duke Robert by a beautiful young Harlot of an old Priest Richard was Shot with an Arrow in New-Forest and died of his Wounds and William after his Father was taken at Tenerchebray went into the Holy Land and there was slain The Issue of Duke Robert extinct both dying unmarried and in them the Issue of Robert was extinct This year the King brought his Daughter into England Maude the Empress arrives in England in the Month of September At Christmass he called together at London a great number of the Clergy and Optimates or chief Men of the Nation and gave the Earldom of Shrewsbury to his Queen and fearing she would bear him no Children he bethought himself of a Successor to the Kingdom and in the same Council caused all the Optimates of England The great Men of England Swear to make her Queen after her 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 Swore was William Arch-Bishop of Canterbury next the Bishops and then the Abbats The first Layman that Sware was [3.] 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 by the Arch-Bishop of Rouen and followed himself to see them Married and [4.] Ibidem n. 20. returned again that very year The Norman Monk placeth this [5.] Orderic fol. 889. A. Marriage in the year following and says that Turgis Bishop of Auranches Married them In the [6.] Malms f. 99. b. n. 30. f. 100. a. n. 30. Thirtieth year of his Reign the King passed into Normandy and met Pope Innocent at Chartres and there acknowledged him for Pope notwithstanding he was shut out of Rome and Anacletus possessed of that Seat and then at Rouen he and his great Men made him many Presents The next [7.] Ib. n. 40. An. Do. 1131. year he returned into England and with him his Daughter the Empress and in a great Convention of the Nobility at Northampton such as had Sworn Fealty to her before renewed their Oaths and such as before were not Sworn did then by Oath bind themselves unto her The year following [8.] Ibidem b. n. 10. Duke Robert dies on the Fifth of August he passed again into Normandy and never came more into England He continued there
three years [9.] Orderic f. 89â— 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 In the [1.] 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) When his Father in Law Fulke was made King of Jerusalem and Prince of Antioch he gave to him Anjou and all his Territories in France Duke of Anjou who affected the great Treasures of his Father in Law and demanded Normandy affirming that was the Agreement he made with him when he Married his Daughter He despised the Kings Admonitions and Advice and so far provoked him that he had thought of taking his Daughter from him and carrying her into England He besieged Roscelin Viscount of Beaumont in Mans Son in Law to the King and burnt that 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 Earl of Anjou and lived in his Country The King from the beginning of August till the Feast of All-Saints went about and viewed the Country of Seez and took into his possession Alencon and Almenesche and other Castles belonging to Talvace On the [2.] Ibid. fol. 901. B. C. Twenty fifth of November he came to 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 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 The noise of his Sickness drew the Noblemen about him and there were present [3.] Ibidem five Earls Robert of Gloucester William de Warrenna Rotro Earl of Mortain in Perch Waleran of Mellent and Robert of Leycester aliique Proceres Tribuni Nobilesque Oppidan other Noblemen great Commanders and Noble (k) 'T is frequent with Ordericus Vitalis to call Castellans or Governors of Towns and Castles Oppiandi especially in the twelfth and thirteenth Books of his History Lib. 12. fol. 853. B. fol. 850. C. fol. 843. C. Castellans These ask the King about his Successor [4.] Malms Hist 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 by several injuries The King was in Normandy far the greatest part of his Reign yet never had Insurrection or Rebellion against him in England which is to be imputed to his favour and kindness to the Clergy the Bishops especially who were therefore his Friends and to the rigorous Execution of his Secular Government [5.] Ibidem fol. 91. b. n. 10 20 30. for he was inflexible in the rigor of Justice and never suffered any thing committed 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 Church Story ON the [6.] Eadm f. 55. n. 30. f. 56. lin 1. An. Do. 1100. Anselm refuseth to do Homage to the King Twenty third of September Anselm landed at Dover and a few days after went to the King at Salisbury and was kindly received by him But required to do Homage to the King as by Custom it had been done to his Ancestors and receive the 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 [7.] Concil Rom. tertium Under Pope Vrban the II. Lab. Tom. 10. Col. 615 616 â—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 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 [8.] Eadm ut supra n. 10 20. Who hearing these things was much troubled esteeming it a great matter to lose the Investitures of Churches and Homage of Bishops thinking it also a grievous thing that Anselm should depart the Kingdom having scarce been confirmed in it In the first he should as it were lose half the Kingdom and in permitting the second he was afraid lest Anselm should pass over Sea to his Brother Robert then come from Jerusalem and bring him into subjection to the Roman See which he knew was 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 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
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 About the [8.] Ibidem n. 40 50. middle of Lent following the King came to Canterbury pretending to go forward to Dover to meet the Earl of Flanders He 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 [9.] Ibid. fol. 70. n. 10 20. He said the Messengers were come back which he had sent to Rome to know whether the Verbal Relation the Bishops brought from thence were true and had brought with them Letters that would declare the truth and would have had the Letters perused to see whether there could any thing be found in them that did give him leave to submit to the Kings Will who replied he would not induce these delays and pressed for a final Resolution from him 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 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 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 which [1.] Append. n. 21. contradicted what the Bishops had said and were in all points answerable to his expectations By [2.] Eadm fol. 72. n. 10 20 30. Whitsuntide he was gotten no farther than Chartres where Ivo Bishop of that place and other Friends 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 and presented with Gifts more than he would receive While he thus loytered in his Journey [3.] Ibidem n. 40. The King sends William Warlewast his Sollicitor to Româ— 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 Hâ—nry the confirmation of all his Fathers and Brothers Customs and Usages by Authority of the Apostolâ—ck See [4.] Ibidem fol. 73. n. 10 20 30 40. He demands the permission of his Fathers and Brothers Customs and Usages They are denied especially the Investiture of Churches He obtained the favour of many of the Romans and the Pope and Anselm being both silent while the 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 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 [5.] Append. n. 22. The Pope confirms the Primacy of Canterbury Epistle that confirmed to him all the Primacy of the Church of Canterbury as fully as any of his Predecessors ever enjoyed it Warlewast [6.] Ibidem f. 74. n. 10 20. Warlewast brought from the Pope only wheadling Letters stayed at Rome after the Arch-Bishops departure pretending other business but indeed to try if the Pope might be wrought upon in his absence but could not move him from his Resolution All he brought back were wheadling perswasory Letters [7.] Append. n. 23. to the King to draw him to a compliance [8.] Eadm in vitâ Anselm lib. 2. fol. 82. Col. 1573. Anselm and William met at Placentia in Italy and proceeding to Lions in France William left his company [9.] Ibidem William Warlewast forbids Anselm to return into England unless 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 Anselm staid at [1.] 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 [2.] 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 [3.] Ead. Hist f. 76. n. 30 40 50. The King owns the prohibition of Anselm to return into England Warlewast returned and informed the King what he must trust to he forthwith Commanded the 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 [4.] Ibidem f. 78. n. 30 40 50. King again sends Messengers to Rome to try if they could prevail with the Pope to command Anselm to submit to the King but he was so far from it that he [5.] Append. n. 25. An Do. 1104. Anselm Excommunicates the 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 [6.] Ibid. fol 78 n. 20. respited until further Consideration At length [7.] Ibidem fol. 79. n. 20 30 40 50. Anselm visits the Countess of Blou Anselm came from Lions to the Priory of St. 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 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 The King [8.] 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 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 England the King consented so as he would not withdraw his Communion from such as he had Invested or such as had câ—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 [9.] Ibidem n. 20 40. Many Designs formed against King Henry upon supposition he would be Excommunicaâ—ed the common Fame that King Henry was to be Excommunicated many designs were laid against him in England France and Normandy as not being then overmuch beloved and it was not doubted but after his Excommunication they might take effect yet by this Agreement they were all frustrated With which the King seemed mightily pleased and promised Anselm his Messengers should make such haste as he should be in England at his Court at Christmass The Kings [1.] Ibidem fol. 83. n. 20 30 4â— 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 London the Priests and Canons of England were forbidden the company of Women They many of them violated the Interdict either by retaining or re-taking their Wives or Women for this fault the King caused his Ministers to implead them and take the Money due for the Expiation of it But his Exactors finding the Sum this way raised to be less than they expected set a certain Sum upon every Parish Church and forced the Incumbent or Curate to pay it The Arch-Bishop [2.] 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 [3.] Append. n. 26. to him to come into England and use his power to relieve them and the Nation He wrote [4.] Ibidem n. 40. back to him that until the Messengers returned from Rome he could not help them not knowing till then what his power might be And withall [5.] Append. n. 27. wrote to the King That it belonged not to him to exact the Punishments and take the Forfeitures of such Priests who had not observed the Precept of the London Council For that it was never heard of in any Church of God that any King or Prince ever did so for it belonged to the Bishops in their several Diocesses and in case of neglect by them to the Arch-Bishop and Primat Several Letters [6.] 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 [7.] Append. n. 28. he had power given him by the Pope in all cases but that of Investitures to use his discretion The Letters they brought from the Pope bear date March 23. 1106. From Anselm [8.] Ibid. fol. 88. n. 50. Anselm falls sick at Bec. The King goes to him Warlewast came into England to the King and gave him an account of his Negotiation with the Pope and in few days returned to Anselm again to bring him into England but found him so ill at the Abby of Bec that there was no hopes of his coming so that the King went to him and arrived at
Bec [9.] Ibid. f. 89. n. 30. An. Do. 1107. And promised not to take the Revenues of Churches when vacant And restores to Anselm the Revenues of the 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 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 [1.] 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 was so officious and observant of him that she went before him from place to place and wherever the Monks and Canons of any Monastery came in Procession to meet him she went before and saw his Lodgings prepared and adorned While these Matters were in agitation the King was wonderfully [2.] Eadm in vita Anselmi lib. 2. fol. 30. col 1573. joyful that he was like to make Peace with Anselm and thought that thereby he should certainly Conquer all Normandy which he did for not long after coming to a Battle with his * Sept. 28. 1107. Brother Robert and other Princes and great Men of that Nation he took him and several of them Prisoners and also killed a great many and became a Conqueror of the whole Nation of which Victory [3.] Append. n. 29. he wrote Letters to Anselm and all who at that time heard what was done did ascribe it to the Merits of the Peace which the King made with Anselm After which Victory [4.] Ead. Hist f. 90. n. 30 40. A Council to dispose of the vacancies of Churches The King prorogues the Council the King came into England and at Easter the Principes or chief Men of the Land assembled at his Court about disposing the vacancy of Churches This Council the King prorogued until Whitsuntide for that the Pope was come into France and had sent for William and Baldwin the late Envoys of him and Anselm to come to the Council he held at 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 First of August It was then a [5.] Ibidem fol. 91. n. 10. A Dispensation from the Pope Constitution in the Roman Church that the Sons of Priests should not succeed their Fathers or enjoy Ecclesiastical Benefices but seeing there was a great number of such in England the Pope sent a [6.] Append. n. 30. Dispensation to Anselm that they might enjoy them For 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 [7.] 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 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 [8.] Ibidem n. 30. The King parts with his Right of Investiture Afterward Anselm being present before the Multitude that was there the King consented and ordained That from that time forward neither Bishop nor Abbat 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 [9.] Lib. 2. f. 30. col 1573. Eadmer in the Life of Anselm delivers the last Passage in other words thus All the Primores or Prime Men of England met in the 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 the same obedience he promised when he was made Bishop of Hereford which Anselm accepted It was agreed in this [1.] Ibid. f. 92. n 10. Council That the Elects should be Consecrated and accordingly William Giffard Elect of Winchester Roger of Salisbury Reinelin of Hereford William Warlewast of Exceter Vrban of Landaff were Consecrated on Sunday the Eleventh of August and on that day according to the Popes Command he delivered to Ealdwin Abbat of Ramsey his Pastoral Staff of which he had been deprived [2.] Ibidem 67. n. 30. for Simony in the Council of London In the [3.] Ib. f. 94. n. 50. f. 95. n. 10 20 30 40. Anno Domini 1108. Solemnity of Pentecost following there was held a great Council of all the great Men of the Kingdom at London where Anselm and Thomas Elect of York for Gerard died coming to Court and all the Bishops of England did in the presence of King Henry by the assent of all his Barons Severe Laws made against Priests 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 [4.] Ibidem about the largeness of the Diocess of Lincoln was in this Council and the King the Arch-Bishop and other 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 [5.] 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
the Twenty ninth year of his Reign this King [3.] Huntingd. f. 220. a. n. 10 20. The punishment of Priests permitted to the King He Compounds with them for the enjoyment of their Wives and Concubines Kiâ—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 by this means raised saith Huntingdon an infinite Sum of Money The extraordinary Taxations of this King are not particularly noted nor is it said how they were imposed In the Fourth year of his Reign [4.] Fol. 652. An. Do. 1104. Florence of Worcester says it was not easie to declare what misery England suffered by reason of the Kings Exactions In the Sixth year of his [5.] Eadm fol. 83. n. 30 40. Reign his Impositions were general and cruel according to Eadmers report and besides other rigorous Exactions from the Clergy he set a particular Sum upon every Parish Church and forced the Incumbent to pay it or according to the Historian to redeem the Church In the Eighth year of his Reign he had for the [6.] Hen. Hunt f. 217. b. n 10. Marriage of his Daughter Maude to the Emperor Henry the Fifth three Shillings of every Hide of Land in England which upon a just value at this day would be equal to 824850 l. In the Sixteenth year by reason of the Kings necessities England was oppressed with [7.] Ibidem f. 218. a. l. 6. Paris f. 67. lin 3. frequent and various Payments and Exactions I find no Scutage paid unless it were comprehended under Gelds and Exactions No doubt but it was often paid especially by such as did not accompany the King in his several Expeditions being summoned and sometimes also as an Aid at other times Besides his extraordinary Exactions if there be any credit to be given to the Laws attributed to this King or that are said to be in use in his time he had a constant annual Land Tax which is there called Danegeld of Twelve pence upon very (m) This Hidage or Danegeld was at first collected to hire Soldiers to repell the Danish Pirats upon their Landing Hidage or Danegeit what it was as it is said in the [1.] LL. Ed. C. 11. Laws attributed to Edward the Confessor But Florence of Worcester says more truly [2.] Flor. Wig. An. Do. 991. Ibid. in the same years that it was paid as a Composition and Tribute to the Danes that they might desist from their Rapines Burnings and killing of Men upon and near the Sea Coasts and for to have a firm Peace with them and that the first Payment made and Money given was 10000 l. in the year 991. In the year 994. they received 16000 l. Tribute in the year 1002. 24000 l. in the year 1007. 36000 l. in 1012. 48000 l. in 1014. 30000 l. in the year 1018. 72000 l. of all England and 10500 l. of London In this Kings Reign [3.] Lib. Nigr. in Scaccario Tit. 19. The price of Victuals in this Kings Reign Wheat to make Bread for One hundred Men one day was valued at one Shilling a Ram or Sheep at four Pence and the Allowance or Hay and Provender for twenty Horses one day at four Pence So that if we set things at twenty times the value now they were then that is that one Shilling or Groat then would buy as much as twenty Shillings or Groats will now and go as far in ordinary Expences which is no hard Account it follows that every 10000 l. then must be equal to 200000 l. In the time of the Heptarchy there were in England [4.] Cambd. Brit. f. 114. South of Humber 244400 Hides of Land bâ—sides what was in Wales and perhaps Cornwall and the five Counties beyond Humber Yorkshire Bishoprick of Durham Westmorland Cumberland Northumberland and part of Lancashire which at one Shilling per Hide amounts to 12220 l. which multiplied by twenty produceth 244400 l. and then allow the five Counties and part of Lancacashire to be the eighth part of the Nation Wales excluded there ought to be added 30550 l. more which makes the annual Tax of Hidage then at one Shilling per Hide equal to 274950 l. now Hide to be paid at certain Terms and a forfeiture set upon such as did not duely pay it Henry the First his Issue 1. HIS Lawful Issue by Maude of Scotland was only one Son named William who was drowned as aforesaid and died without Issue 2. One Daughter commonly called Maude the Empress because first Married to Hen. 5 th the Emperor Her second Husband was Geofry (n) Plantagenet or Plantagenist that is Planta genestae or Broom Plant Plantagenet the reason of the name because he wore in his Cap or Bonet a Sprig of Broom Plantagenet Earl of Anjou by whom she had Henry the Second King of England and two other Sons [3.] Chron. Norm 994. A. Geofry and [4.] Ibidem 999. C. William that died without Issue His Natural Children 1. RObert created Earl of Gloucester in the Ninth of Henry the First by [5.] Geneal Hist of the Kings of England fol. 45. Nesta Daughter of Rhees ap Tewdor Prince of South Wales 2. Richard begotten of the [6.] Ibidem fol. 30. Widow of one Anskil a Nobleman in Oxfordshire he was drown'd with Prince William his half Brother 3. Reynald created Earl of Cornwall in the Fifth of King Stephen was begotten of [7.] Fol. 50. Sibill Daughter of Sir Robert Corbet of Alcester in Gloucestershire 4. Robert by [8.] Fol. 30. Edith Daughter of a Northern Nobleman of England 5. Gilbert Ibid. f. 31. 6. William [9.] Ibidem de Tracey so named from a Town in Normandy who died soon after his Father 7. Henry by [1.] Ibidem Nesta aforesaid 8. Maude [2.] Ibidem f. 32. espoused to Rotro Earl of Perch who was Son to Arnulph de Hesding that had great Possessions in England 9. Another Maud [3.] Ibidem Married to Conan Earl of Britain 10. Julian [4.] Ibidem Married to Eustace de 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 [5.] Ibidem f. 33. Wife of Roscelin Viscount of Beaumont so called from a Town in the County of Mayn 12. [6.] Ibidem Married to Matthew Son of Burchard of Montmorency from whom descended the ancient Family of that name 13. Elizabeth [7.] Ibidem by Elizabeth Sister of Waleran Earl of Mellent Married to Alexander King of Scots All these Base Children of this King are recounted in
Barons about the King who told him that the Bishops were more intent upon Erecting Castles than their Function or Offices and no doubt but they were built for his destruction and that when the Empress came over they would assist and deliver them to her as being obliged to it by the Memory of the Favours they had received from her Father 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 At Oxford about the 24 th of June was a [5.] 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 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 kept with greater strictness lest they should make their escapes They delay to do it and are kept with greater strictness Roger Bishop of Salisbury was carried unbound and his Son Roger the Chancellor of England which he had by Maud of Ramesbury his Concubine was carried in Fetters before the Castle of Devises which his Nephew Nigell Bishop of Ely who fled from Oxford thither held out against the King The Castles of Salisbury They deliver their Castles Sherborn and Malmesbury were delivered upon the first demand and the Devises after three days the Bishop of Salisbury of his own accord without force resolving to fast until it was in the 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 [6.] F. 919. D. 920. A. B. The foregoing Story differently reported by Ordericus Vitalis Episcopi pellex principalem munitionem servabat William de Ipre threatens to starve the Bishop of Salisbury and hang the Chancellor of England if the Bishop of Ely delivered not the Castle of Devises says Walran Earl of Mellent and his Brother Robert with Alan Earl of Britanny sought occasion of Quarrel with the Bishops and that after the Affray when the Bishops Roger and Alexander were taken the Bishop of Ely escaped to the Castle of Devises and fortified it in which Maud of Ramesbury the Bishop of Salisbury's Harlot kept the chief Place of Strength The King hearing of this was very angry and sent William of Ipre a Flemming before with an Army to take in the Castle who carried Roger the Bishop and Roger the Chancellor with him and swore the Bishop should not eat until it was delivered to him and further erecting Gallows before the Castle Gate 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 [7.] Ib. n. 10. Hugh Arch-Bishop of Roven defends King Stephen Hugh Arch-Bishop 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 Stephens Brother and the Popes Legat affirmed [8.] 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 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 faulâ—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 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 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 they had heard what was said went out and not long after returned again [9.] Ibidem b. lin 6. Rex Comitem Albericum de Ver ad Goâ—cilium misit M. Paris f. 77. n. 50. Alberic de Ver a Man much Exercised in Law Controversies accompanied
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 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 also in this Army William de Warenna Gilbert de Clare and Balduin Fitz-Vrse Engelran Saye and Ilbert Lacy. The Battle of Lincoln The Earls Army was drawn up in the same manner Robert Earl of Gloucestâ—r led on the Main Body the Earl of Chester one Wing aâ— 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 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-Vrse 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 The [5.] Malms f. 106. a. n. 40. He is Imprisoned at Gloucester and put in Irons Earl presented the King to his Sister then at Gloucester from whence for more security he was carried to Bristol where he was Honourably used until by the instigation of some who affirmed that he had been several times out of the places appointed for his safe Custody especially in the night by the Connivance of his Keepers and therefore was put in Irons The Empress and Earl [6.] Ib. n. 50. b. n. 10 20. with great importunity by Messengers moved the Legat 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 Fitz-Count * Marchâ—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 and Knights present [7.] Contin â—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 On the Ninth of [8.] 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 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 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 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 her we promise our Faith and Defence of her Person and Government All that were [9.] Ibidem n. 10. present either assented to what he said or by their silence seemed not to contradict it The 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 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 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 [1.] 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 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 To this the Legat gave such an [2.] 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 [3.] Ibidem King Stephens Friends Excommunicated many of the Kings Party were Excommunicated by name William Martel who had been his Butler and was then his Steward whose Advice the King had followed in many things and so this Council was Dissolved which sate only three days For the first meeting was [4.] 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 [5.] Ib. f. 106. a. n. 30. Feria quinta of the same Week which was Friday From Wilton the [6.] Cont. of Flor. of Worc. fol 676. Oxford Castle delivered to the Empress She comes to St. 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 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 all provided for the welfare of the Church This Matter being over King Stephens [7.] 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 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 [8.] 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 For this her Rigidness as was pretended the Londoners [9.] Cont. of Flor. f. 677. The Londoners Conspire against her and intended to take her privately Conspired against her and intended to seize her privately but she having notice of it fled suddenly leaving all her Goods behind her The 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 [1.] Vt supra a. n. 50. says were always suspected and never Cordial in the Reception of the Empress and only complied until they had an opportunity to shew themselves Having this advantage the Legat went to his Brothers Wife [2.] 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 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 The Empress when she left London in such haste went through [3.] 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 Gloucâ—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 from her first coming to Gloucester which was then above two years Our Historian says he heard this from his own Mouth The Earl of Gloucester in the mean time [4.] Malmsb. ut sup n. 20. He is no Friend to the Cause of the Empress went with a few Followers to Winchester to try if he could compose these Commotions by Discourse with the 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 inclination to her Cause marched to [5.] Ib. n 30 40 50. Cont. of Flor. ut sup She marcheth with an Army to Winchester Ego me parabo The principal Adherents to the Empress The Bishop of Winchester and Legat sends for the Londoners Winchester blocked up and fired Winchester with such an Army as she could get together and was without difficulty received into the Royal Castle there and sent for the Bishop to come to her without delay He thinking it not safe eluded the Messengers with an ambiguous Answer That he would prepare himself And immediately sent for all he knew favoured King Stephen Most of the Earls of England came to him who were young light Men such as the King advanced With the Empress were David King of Scots Robert Earl of Gloucester Milo then of Hereford and a few Barons Ranulph Earl of Chester came slowly towards her and to no purpose as it appeared in the Issue The 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 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 [6.] Malmsb. f. 108. a. n. 10 20 30. Earl Robert sends the Empress from Winchester He is taken Prisoner the Earl prepared for their departure and sent his Sister before with the greatest part of the Army and best Troops Marching in great order he followed some time after with a few but such as feared not many The Earls immediately follow him and while he thought it a dishonour to â—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 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 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 [7.] 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 read in which he is blamed that he did not more strenuously endeavour to release his Brother and exhorted to use all Power both Ecclesiastical and Secular to do it The King [8.] Ibidem n. 40 50. King Stephen makes his Complaints in that Council The 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 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 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 [9.] Ibidem lin 37. could not say so exactly what was done in it as in the former but he thought the Legats words [1.] 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 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 [2.] Ibidem f. 109. b. n. 10 20 30. An. Do. 1143. The Empress holds a Council at Devises Lent both Parties were quiet but then the King began to move and the Empress likewise and came to the Devises and held a Council there in which it was Resolved she should send for her Husband the Duke of Anjou She is advised to send to the Duke of Anjou her Husband Messengers go for him to help her to recover the Inheritance of her and her Children which Resolution was forthwith spread among the People and Honourable Persons sent for him About Easter the King fell sick at Northampton and so continued until after Whitsunday The Messengers return from Anjou and deliver what they brought back to the Empress in a second Council holden at the Devises which was
after there happened some Discontent between Lewis [5.] Ibidem f. 985. B. Anno Domini 1151. The King of France and his Queen dissatisfied one with another They are Legally Divorced King of France and his Queen which so increased that they thought of a Separation by Consent and in Lent the Arch-Bishops and Bishops were Assembled at Bangency a Town upon the River Loir and it appearing by their Oaths they were Allied in Blood and that there was Consanguinity between them they were in the Close of Easter duely separated by Ecclesiastick Authority And about [6.] Ibidem Henry Duke of Normandy Marries her Whitsunday the Duke of Normandy Married her by the name of Alianor Countess of Poictou she being Inheritrix of that Earldom and the Dukedom of Aquitan At which Marriage the [7.] Ib. C D. The King of France displeased with that Marriage He Invades Normandy c. Duke Henry makes Peace with the King of France and beats his Brother out of Anjou King of France was much moved for he had only two Daughters and no Issue Male by her and with Eustachius Son of King Stephen Robert Earl of Perch the Son of Theobald Earl of Blois and Geofry his younger Brother joined together to take from him Normandy Anjou and Aquitan When the Normans thought all would suddenly be lost he so ordered his Affairs and behaved himself with such Conduct and Resolution that he made Peace with the King of France and beat his Brother out of Anjou and forced him to make Peace with and be reconciled to him While he was 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 [8.] Chron. Ger. col 1371. n. 50. Hen. Hunt f. 226. b. n. 30. a General Council at London That is to say Theobald the Arch-Bishop the Bishops and Great Men of England He propounded to them the Coronation of his Son Eustachius King Stephen desired to have his Son Eustachius Crowned The 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 [9.] Chron. Gervas Col. 1372. lin 1. Hen. Hunt ut supra the King his Son and those which favoured him were vehemently Angry and shut up all the Bishops with their Primate in one House that by Threats and Terrors they might extort that which neither by Price or Prayer they could prevail in The 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. For his Resolution in this Case and Flight the King seized and spoiled all his Lands and Possessions Not long after the King besieged [1.] Hen. Hun. ibid. n. 40. Chron. 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 This year died [2.] Ibidem n. 30. Maud the Queen and Wife of King Stephen dies Maud the Wife and Queen of King Stephen on the Third of May and was buried in the Monastery at Feversham in Kent that her Husband and she had founded Duke [3.] Ibidem Duke Henry comes into England with an Army He takes Malmsbury Castle Robert Earl of Leicester comes in to him Henry all things being in pretty good order in France was hastned over with this news from Walingford came with an Army into England and first of all Besieged and took Malmsbury Castle where Robert Earl of Leycester came in to him and also more than thirty strong Castles with their Garisons submitted to him From [4.] Ib. 1373. n. 20 30 40 50. Hen. Hun. f. 127. b. n. 10 20. The Duke besiegeth Craumerse Fort and Relieves Walingford Castle The King and Duke meet and Treat Nothing is Concluded Malmsbury he went with all speed to Walingford to relieve his almost famished Friends there and besieged the Castle or great Fort of Craumerse He compassed it about and all the Kings Forces in it with a large Ditch or Trench and so ordered the matter that his Forces in Walingford might go out but those which he had begirt could 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 to a further Treaty and each parted to his Army Before the second [5.] 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 Peace Theobald Arch-Bishop of Canterbury laboured heartily between the King and Duke to bring them to an Accord [6.] Ib. f. 228. a. lin 3. Henry also Bishop of Winchester who had horribly troubled the Nation by making his Brother King now moved with Repentance when he saw the Nation ruined with Rapine Fire and Slaughter [7.] Joh. Brompton Col. 1037. n. 40. An. Do. 1153. assisted in the finishing this great Work of Peace by which it was Concluded That King Stephen should Reign as King during his Life and that Henry as Lawful Heir should succeed him The Bishops and Barons were summoned by the Kings and 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 [8] N. 35. King Stephen dies An. Do. 1154. Appendix He lived not a year after this Peace so solemnly Confirmed departing this Life upon the 25 th of October in the year following 1154. and was Buried at his Monastery in Feversham In the Fourteenth of this King Anno Domini 1149. Mat. Westm An.
Do. 1149. f. â—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 Of Ecclesiastical Affairs THere hath been three Councils of Bishops and Clergy only before mentioned One was held on the 29 th of August 1139. at Winchester The second on the 30 th 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 [9.] Chron. Gervas Col. 1346. n. 40 50 60. Col. 1347. n. 10 20 30 40 50 60. Col. 1348. n. 10 20 30 40 50 60. Apostolical Authority called a Council of Bishops Abbats and other Religious Persons of the Kingdom to meet at Westminster on the Thirteenth of December and sent his * This was never done before Citatory Letters to the Prior and Convent of the Church of Canterbury and all others whom it concerned to be present there and choose an Arch-Bishop that See being then void There were sixteen [1.] 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 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 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 Constitution V. None may receive a Church or any Ecclesiastical [2.] Ibidem The foremer part of this Constitution about Investitures was new Buying of Benefices prohibited Married Priests and such as kept Concubines deprived of 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. Constit VII Walking in the steps of the Holy Fathers we deprive Married Priests Deacons and Sub-Deacons and thâ—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 [3.] Ibidem Col. 1348. lin 5. n. 10. Imprisons or lays his Wicked Hands upon a Clerk Monk or Nun or any Ecclesiastick Person unless 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 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 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 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 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 [4.] 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 That because no Honour was given by Ravagers and Plunderers to Clerks nor to the Church of God A Canon for the security of Clerks and that Clerks were as frequently Imprisoned and put to Ransom as Lay Men Therefore who ever laid violent Hands upon a Clerk should not be absolved but by the Pope himself From which Decree the Clerks received much Relief and Advantage Mat. Paris [5.] F. 79. n. 30. adds to this another Decree â—That the Churches and Church-Yards whether the Poor People fled with their Goods should be as free from violence as the Priests themselves Another for the security of Ploughs and Ploughmen and that the Ploughs and Ploughmen in the Fields should enjoy the same freedom and they Excommunicated all Contraveners to this Decree â—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 Anno Domini 1151. holden at London [6.] 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 Besides these three there were many Appeals to Rome in this Kings Reign Upon the Vacancy of the [7.] Radulf de Diceâ—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 [8.] Ib. n. 30. An. Do. 1137. Anselm Appeals to the Pope and is Confirmed Bishop of London They privately take the Treasure of the Church and with their Elect that was laden with Money go to Rome Their success proved what a large Bag could do for at their return he was invested and had possession of the Bishoprick [9.] 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 [1.] Ibid. Col. 507. lin 4. The Dean of London Appeals to the Pope and Anselm is turned out Cardinals having seriously debated the matter pronounced by the Mouth of Alberic Bishop of Ostia That since the Election of the Canons was made without the knowledge of the Dean who ought to have had the first Voice it was therefore void [2.] Ibidem n. 50. And then the Pope committed the Care of the Church of London by the 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 [3.] Ibid. Col. 506. n. 50. Ordingus the Prior was chosen Abbat of St. Edmonds-Bury and so he lost both Richard de Belmeis aforesaid had been [4.] Ibidem Col 5â—7 n. 10 20 30. An Appeal to the Pope for the Arch-Dâ—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 â—it for the Office and his Uncle the Bishop of London was dead Hugh refused to restore it unto him He Appeals to the Pope who sends his Letters or Brief to the Bishops of Lincoln and Hereford to hear the Cause who gave it to Richard In the year 1147. Pope Eugenius held a Council at Rhemes [5.] 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 That William Arch-Bishop of York be Deposed from the Bishoprick because Stephen King of England Nominated him before Canonical Election When as therefore [6.] Ibidem n. 40 50. The Pope Commands the Chapter to choose a new 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-Bishâ—ps 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 of Canterbury he stretching his [7.] 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 â—egat Appeals first used in England Clerk of London whom he sent to Rome he dealt so effectually with Pope Celestin who succeeded Innocent that he removed Henry and made Theobald his Legat. From hence arose great Discord Contentions and several Appeals never * Ibidem The Canon Law first used in England heard of before Then the Laws and Lawyers were first called into England meaning the Canon Law and Lawyers the first Teacher whereof was Master Vacarius who Read at Oxford These Appeals to Rome were very Chargeable and besides nothing could be done without Friends and Gifts or Presents This Kings Reign was not very long but never quiet and free from intestine War Confusion and Unsetledness which gave the Pope and Clergy great opportunities to 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 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 and maintained themselves chiefly by the Ruine and Destruction of their Adversaries their Men and Tenents King Stephen by his Wife Maud had [8.] Mr. Sandfords Geneal Hist f. 42. Baldwin his eldest Son who died in his Infancy 2. [9.] Ibidem Eustace Earl of Bologne he Married Constance Daughter of Lewis the Seventh King of France and Sister to Lewis the Gross and died without Issue 3. * See King Stephens Charter in the Append n. 35. William [1.] Ibidem f. 43. Earl of Mortaign and Bologn Lord of the Honours of Aquila or Eagle and Pevensey Married Isabel the Daughter and Heir of William the Third Earl of Waren and Surrey
and New-Castell all seated near or upon the River Epta or Itta in the Confines of France and Normandy This enraged the King of * Ibidem f. 997. C. A quarrel between the two Kings about the Marriage of their Children France and his (a) King Lewis after the death of his second Wife within [2.] Rad. de Diceto Col. 532. n. 10. fifteen days Married Ala Daughter of Theobald Earl of Blois who had three Sons [3.] Chron. Nor f. 985. A. King Lewis his third Wife Ala Daughter to Theobald Earl of Blois Henry the elder who had the Earldoms of Troyes and Champagn and whatever his Father had beyond the River Seyn Theobald the second who had the Earldoms of Chartres and Blois and Le Dunois Stephen the third who had the Honour of Servicius in Berry What this Honours was I find not Wives three Brothers Henry Theobald and Stephen which three Earls 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 placed Garisons in them and went to Mans where he kept his Christmass with Queen Alienor After [4.] Ibidem f. 997. D. An. Do. 1161. The King takes possessession of the Castles in Normandy this he took into his own hands all the strong Holds of the Earl of Mellent and his other Barons in Normandy and committed them to the Care of his Trusty Friends and repaired and strengthned all his Castles in the edge of Normandy toward France and well Manned them especially Gisors Theobald Earl of Blois [5.] Ibidem f. 998. A. did ill Offices and made Contention between the two Kings who after Easter drew their Armies into the Field one against the other to defend their Countries first in Le Veuxin afterward in Le Dunois He takes the strong Castle of Agen. every day expecting Battle at length they made Truce without Bloodshed From hence King Henry after Midsummer marched into Aquitan and besieged the famous Castle of 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 the admiration and terror of the Gascoins The [6.] 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 Some time this [7.] Ibid. D. The Kings of England and France perform the Office of Yeomen of the Stirrup to Pope Alexader year the two Kings came together at a place on the side of the River Loir and received Pope Alexander with great Honour and performing the Office of Yeomen or Gentlemen of his Stirrup and afterward walking on Foot one led his Horse by the Bridle on the right side and the other on the left until they brought him to a Pavillion prepared for him by whose Mediation a firm Peace was made between them The King [8.] Chron. Gervas Col. 1382. n. 10. busied with Transmarin Affairs sent over his Chancellor Thomas to manage his Business in England and he brought with him Henry the Kings Son to whom the [9.] Rad. de Diceto Col. 533. n. 10. An. Do. 1162. The Bishops and Abbats swear Fealty to Henry Son of King Henry Thomas the Chancellor or Thomas Becket made 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 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 [1.] Ibidem Col. 534. n. 20. Chron. Norm f. 999. A. An. Do. 1136. The King comes to England having composed all things in France He Commands a Recognition to be made of his 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 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 26 th of that Month where he was received by almost all the Nobility with great joy [2.] Rad. de Diceto Col. 536. n. 10. The Kings of South-Wales and North-Wales do Homage to the King Before his coming over he Commanded Rotroc Bishop of Eureux and Raynald of St. Valery to make Recognitions in the several Bishopricks what Legal Rents Rights and Customs belonged to the King and Barons I can find nothing more of moment done this year [2.] Rad. de Diceto Col. 536. n. 10. The Kings of South-Wales and North-Wales do Homage to the King but that Malcolm King of Scots Rese King of South-Wales Owen King of North-Wales and all the greatest Men of that Nation did Homage to the King of England and his Son Henry upon the First of July at Woodstocke The Norman Chronicle adds [3.] F. 999. B. That he gave 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 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 [4.] Joh. Bromton Col. 1059. n. 10. An. Do. 1165. harass the Marches and make Incursions into England The King raiseth a great Army enters their Country and forceth them to crave Peace The [5.] N. 30. An. Do. 1166. next year also King Henry marcheth with an Army into Wales to confirm them in the observation of the Peace and then passed beyond
been given to them VI. They were to [8.] 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 was received in every Hundred in every Township and of every Man and who received it VII They were to [9.] Ibidem n. 20 30. 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 and of such as forfeited in the Forests concerning Harts Hinds or other Wild Beasts And if the Foresters [1.] Ibidem or their Servants took any Man or did upon Accusation take Security and Pledges for him and then released him without Justice They were to enquire who did these things and to note them VIII And all that were [2.] Ibidem n. 40. accused of any Fault were to give Security and Pledges to appear before the King on the day they should appoint to do such Right to the King and his Subjects as they ought to do and such as had no Pledges were to be imprisoned IX They [3.] Ibidem n. 50. were to 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 X. They [4.] 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 [5.] 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 done it to him nor his Son and there was a Roll to be made of them This wonderful [6.] Ibidem n. 60. Col. 1412. lin 4. n. 10 20. An. Do. 1170. The day of General Appearance was the Fourteenth of June Who appeared Inquisition was made and all were commanded to appear before the King at London on the Fourteenth day of June And upon that day the Bishops Abbats Earls Barons Sheriffs Bayliffs and Aldermen of all England appeared with their Fidejussors or Sureties in great fear for they knew not the Kings Design or Intentions King Henry cauâ—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 Benedictus Abbas gives a shorter Account of this Inquisition and in some things different â—At Easter saith he [7.] P. 29. b. p. 30. a. the King kept his Court at Windsor where were present at that Feast William King of Scots A great Council at London and David his Brother and almost all the Nobility and Great Men as well Bishops as Earls and Barons from whence after the Solemnity he came to London and held a great Council for the Coronation of his eldest Son Henry and concerning the Statutes of the Kingdom In this Council he turned out of their Offices almost all the Sheriffs of England and their 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 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 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 â—ought to himself On [8.] Ibidem King Henry goes into Normandy The King of France angry that his Daughter was not Crowned Queen The new King made 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 he granted to his Son to do all Right and Justice in his absence by a new Seal he commanded to be made for him On [9.] Ibidem p. 30. b. The two Kings are Friends the Twenty second of July on St. 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 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
of Richard Bishops of Winchester Henry Bishop of Bayeux Giles Bishop of Eureux Froger Bishop of Sees and in presence of Simon Earl of Eureux and Robert Earl of Leicester and before many other Earls and Barons of his Kingdom That no Man presume to take the Goods of a Vassal for the Debt of his Lords nequis pro Domini debito res hominis capere praesumat unless the Vassal was Pledge or Surety for the Debt of his Lord but the Rents of Vassals which they are to pay to their Lords shall be paid to their Lords Creditors not to the Lords The other proper Goods of Vassals shall be in peace neither shall it be lawful for any one to Distrein namtire non liceat or take them for the Debts of their Lords This Statute and this Custom Hoc Statutum Consuetudinem hanc 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 permanent and firmly observed and kept it was Written and Confirmed with his Seal After this the King [3.] Ibidem 110. a. The King of England summons his Earls and Barons of Normandy to appear with Horse and Arms. by his Writ summoned the Earls and Barons of Normandy to meet him at Argenton on the Ninth of October prepared with Horse and Arms for his Service and went to Alencon and sent his Son Richard into Poictou to subdue his Enemies King Henry desirous to return into England sent to Lewis King of France and obtained his Letters of Protection in this Form [4.] Hoved. f. 327. a. n. 30. An. Do. 1178. The King of France gives the King of England Letters of Protection LEWIS King of France to all whom these Presents shall come Greeting Know ye that We have received into Our Custody all the Lands of Our Most Dear Brother Henry King of England on this side the Sea if he shall happen to pass into England or go on Pilgrimage so that when his * Baillivi sui Bayliffs or Officers shall Require Vs We shall truly without Design give them our Counsel and help for the Defence and Protection of the same After his coming out of [5.] Ibidem f. 331. a. n. 40. Geofry Earl of Anjou Knighted by his Father His Military Exercise and Ambition Normandy into England at Woodstock he Knighted his Son Geofry Earl of 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 he was ambitious to have the Reputation of a Courageous Kngiht and the rather because his Brothers Henry and Richard had acquired great Honour and Renown in such Military Exercises Peter of St. Agatha [6.] Ibidem b. n. 10. The King puts an Oath upon the 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 to the King or Kingdom and that he would return the same way [7.] Ibidem f. 332. a. n. 50. And upon the Scottish and Irish Bishops and Abbats An. Do. 1179. The same Oath the Scottish and Irish Bishops and Abbats took before they had passage given them to go this way with the Legat. After Easter the King [8.] Ibidem f. 337. a. n. 20. England divided into four Circuits held a great Council at Windsor and by the common Advice of his Arch-Bishops Bishops Earls and Barons he divided England in four parts and to every part he appointed Wise Men to do Justice in the Land After this manner I. Richard Bishop of Winton Richard the Kings Treasurer Nicholas Fitz-Torold Tho. Basset Robert Witefeld Hamshire Wiltshire Gloucestershire Dorsetshire Sumersetshire Devonshire Cornwall Berkshire Oxfordshire II. Geofry Bishop of Ely Nich. the Kings Chaplain Gilbert Pipard Reginald de Wisbech the Kings Clerk Geofry Hosee Cambridgeshire Huntingtonshire Northamptonshire Leicestershire Warwickshire Worcestershire Herefordshire Staffordshire Shropshire III. John Bishop of Norwich Hugh Murdac the Kings Clerk Michael Belet Richard Del Pec. Radulph Brito Norfolk Suffolk Essex Hertfordshire Middlesex Kent Surrey Sussex Buckinghamshire Bedfordshire IV. Godfrey de Lucy Johannes Cumin Hugh de Gaerst Ranulph de Glanvill William de Bendings Alanus de Furnellis Nottinghamshire Derbyshire Yorkshire Northumberland Westmerland Cumberland Lancaster The last six were appointed [9.] 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 This year Lewis King of [1.] 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 one Night when he had happily fallen into a sound Sleep St. Thomas the Martyr of Canterbury appeared to him and told him the Lord Jesus Christ had sent him his Servant to him to let him know That if he believed and with Contrition went to visit his Servant Thomas the Martyr of Canterbury his Son should recover his Health He discovered this Vision to his Friends and asked their Advice who told him it was dangerous to pass by Sea into another 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 Golden Cup and gave to the Monks of Holy Trinity for ever yearly One hundred Measures of Wine Centum Modios Vini to be
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 lying upon the Sea Having thus reduced Wexford by the addition of the [4.] Ibid. c. 4. Dermot marches into Ossery People of that place he made up an Army of 3000 men with which he marched toward (d) A Portion of Leinster anciently and at the time of Conquest a County or Earldom Camd. Britan. f. 731. there are two of them one named Vpper-Ossery in the Diocess of Leighlin another called the lower lyes North of Ormond and is a Diocess of it self but the Bishops House and Residence is at Kilkenny So Holinshed in the Conquest of Ireland c. 4. Camden calleth the first Lower-Ossery ibid. f. 742. and the last Vpper-Ossery f. 744. Osserie the Prince whereof Duuenald or Donald amongst all his Rebels was the greatest Enemy to Dermot 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 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 [5.] Ibidem Fitz-Stephan totally routs the Osserians Fitz-Stephan taking the advantage faced about with his Horse and charged them furiously making great Slaughter with the Lances and totally routed them and such as the Horse overthrew and trampled down the Foot with their Irish Axes cut off their Heads and presented them to Dermot After this they 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 sides Robert Barrie and (e) Henry the First King of England had a base Son [8.] Sandford's Genealog Hist f. 31. by Nesta aforesaid Daughter to the King of South-Wales called Fitz-Henry or Fitz-Roy he was born bred lived and married in Wales and had two Sons Meiler and Robert the two Persons here mentioned Meyler were the most conspicuous for their Courage and Valor in this Engagement Dermot [6.] Ibid. c. 5. Roderic resolves with all his Force to oppose Dermot and his Strangers with this Success became formidable through the Island Roderic King of Connaught and (f) There was always [9] Holinsh Conquest of Ireland f. 8. n. 10. one Principal Governor amongst the Irish and he was commonly one of the Mac Carty's in Monster Morroghs in Leinster or O Conors in Connaught chosen by the Nobility he made Peace and War and what he commanded was always done Monarch of all Ireland by his Messengers called together all the Primates or Chief men of the whole Nation upon Consultation they agreed unanimously to rise against Dermot and led several Armies and an infinite multitude of Men says my Author into Leinster most of his pretended Friends forsake him not regarding their Promises or Oath Fitz-Stephan and his men with some few others stuck close to him and in a place not far from Ferns surrounded with thick Woods steep Mountains and Bogs by Nature and Situation almost inaccessible they secure themselves and by cutting down Trees and placing them so artificially and with Ditches and Pits which they digged in places of advantage they shut out their Enemies yet with great Art reserved entrance for their Friends Roderic [7] Ibid. c. 6. Roderic sollicits Fitz-Stephan to withdraw but prevails not sent to Fitz-Stephan and endeavoured to perswade 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 [1] Girald Ibid c. 10. A Peace concluded between Dermot and Roderic by the intervening of Messengers and Friends a Peace was made on these Conditions That Dermot should enjoy Leinster acknowledging Roderic as Prince and Monarch of Ireland by due subjection and that the Peace might remain firm he delivered his Son * Cnothurn according to Stanihurst Cnuth to him as an Hostage This Agreement was published and confirmed by their Oaths and it was further privately agreed between them that Dermot should call no more Strangers into Ireland and that such as were there should be sent away Just after this Agreement [2] Ibid. c 11. Maurice Fitz-Girald lands at Wexford with a great Force Dermot marches towards Dublin and spoils the Country came Maurice Fitz-Girald Brother by the Mother to Fitz-Stephan with ten Knights thirty other 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 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 [3] Ibidem Roderic makes War upon Donald Discord between Roderic Prince of Cannaught and Donald Prince of Limrick Roderic with Arms invades the Territories of Limrick Dermot sends Fitz-Stephan with his Troops to the Aid of his Son in Law Donald by whose assistance he obtained Victory in every Conflict He is overthâ—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 [4] Ibid. c 12. Fitz-Murchard projects the obtaining the Monarchy of Ireland encouraged by this Success having regained his Country thought of recovering his antient 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
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 suuâ— 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. 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 [7] Hoved. f. 313. a. n. 10. Augustin made Bishop of Waterford by King Henry gave unto Mr. Augustin and Irishman 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 [8] 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 This year about the beginning of June died [9] Ib. b. lin 6. Earl Strongbowe dyes at Dublin Earl Strongbowe at Dublin of whose death Reymund then in Desmond [1] Girald Cambr. ut supr c. 14. had notice from his Lady Basilia which he 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 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 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 [2] Ibid. c. 1â— Commissioners after the Earls death make hast into England and acquaint the King with the change of Affairs in Ireland who forthwith sends (a) This William was reckoned as one of the Houshold or Dapifer to King Henry the Second Hoved. f. 301. b. n. 40. and was Seneschal of Normandy Poictou or some other his Dominions in France he was Luxurious and Proud yet Covetous and scraped together much Wealth by indirect as well as fair courses He was harsh unkind and injurious to the Officers both Military and Civil which he found in Ireland He was negligent in his Government and therefore continued but a short time in it Girald Cambren l. 2. c. 16 17. William Fitz-Adelm * In Hiberniam procuratorem misit Procurator thither with ten Knights or Men at Arms of his private Guards or William Fitz-Adelm sent Procurator into Ireland Houshold to attend on him and joyned with him John de Curcy with whom he sent ten others of the same Quality Also Robert Fitz-Stephan and (b) * F. 293. b. n. 10 Hoveden calls him Miles de Coggeham Richardus Comes de Striguil magno congregato exercitu invasit Hiberniam maximam illius partem subjugavit sibi auxiliante eâ— Milone de Coggeham viro bellicoso facta concordia cum Rege Diviliniae filiam illius in uxorem duxit cum Regno Diviliniae that is Leinster Miles Cogan who for two years last 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 Forts and Hostages of all Ireland to William Fitz-Adelm as Senescal sent by the King John de Curcy [5] Ibid c. 16. f. 791. lin 1. John de Curcy holdly sets upon Vlster 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 Knights or men at Arms and 300 others And boldly sets upon the Kingdom or Province of Vlster not yet attempted by the English Arms. Cardinal [6] 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 Vlster while he was there about Candlemass [7] Ibid. Girald Cambren Hibern Expugn lib. 2. c. 16. f. 794. n. 20. A. D. 1177. John de Curcy came before that place and took it without trouble the Governor 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 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 Vlster but just only mentions them and the places where they were fought Stanihurst also in his [8] P. 182. History of Ireland passeth them over as briefly but Dr. Hanmer in his [9] F. 148. I take this to be the Book of Houth so often cited by Camden and Dr. Hanmer Chronicle of that Nation from
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 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 [5] Ibid. f. 419. a. n. 10 20 the two former not until the Kings Return for the Constables and Defendants would not believe the King was in England until they sent out some of their own Company to see whether it were so or not who saw the King at Dinner in the Siege And 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 [6] 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 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 Scoâ—s Brother Hamelin Earl of Warren Ranulph Earl of Chester William Earl Ferrers William Earl of Salisbury and Roger Bigod The same day the King disseised [7] Ibidem Gerard de Canvil and Hugh Bardolph disseized of their Castles Sherifwic's Gerard 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 [8] Ibidem Geofry Archbishop of York out bids the Chancellor for their Sherifwic's Sherifwics of Yorkshire Lincolnshire and Northamptonshire 1500 marks and an hundred marks every year for each of them [9] Ibid. n. 40. Geofry the Archbishop bad three thousand marks for the Sherifwic of Yorkshire only and 100 marks by the year and obteined it by which means he was maâ—d â—he Kings Servant and subjected himself to his power The second day of the Council The Thirty first day of March was the Second day of the Kings Council Tricessima aie Martii Rex Angliae celebravit secundum diem Concilii sui [1] 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 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 [2] 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 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 [3] 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 Angliae celebravit tertium diem Colloquii sui in quo Constituit sibi Dari de unaquaque carucata terra duos solidos [4] Ibid. l. 3. Then he commanded every one should perform the third part of his Military Service according to what every fee would bear and should go with him into Normandy After that he [5] Ibid. l. 4. required of the Cistertian Order all their Wool of that year but because the Demand was grievous and importable they made a pecuniary fine or Composition The Second day of April was the [6] Ibid. l. 6. The fourth day of the Council fourth and last day of his Council Secunda die mensis Aprilis celebravit diem quartum ultimum Concilii sui in which many Clercs and Laics Complained of the 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 * They called Merchants then such as our ordinary Tradesmen are now that keep Fairs and Markets especially the better sort of them Merchants going to Stanford Fair. That they came from him when they did the Robbery and returned to him after it was done further they appealed him of Treason and appealed of Treason because he would not appear upon the Summons of the Kings Justice nor stand to the Law concerning the receiving of the Robbers nor would bring them to Justice Praeterea appellaverunt eum [7] Ibid. n. 10. His Answer to his Accusation de Laesione Regiae Majestatis in eo quod ipse advocationem Justitiarum Regis venire noluit nec Juri stare 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 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 [8] Ibid. n. 20. declared the day of his second Coronation to be on the Close of
of Arches and many other Castles he had taken in Normandy and his other Territories by War But the perfecting of this Agreement was deferred until the eighth of November because the Emperor [3] Ibid. n. 50. prohibited the King of England he should not make peace with the King of France without his Advice and Consent In this Treaty Alice Sister to King Phillip was delivered to him and he presently married her to the Earl of Pontive The King of England [4] Ibid. b. n. 10. The Emperor is against King 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 very hour of [5] 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 for that he had sworn and given his Faith he would be at the Treaty such an hour and came not and therefore he defied him and so they parted Within [6] Ibidem The French enter Normandy and ravage and burn Towns and Ships three Days the French 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 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 [7] Ibid. n. 30.40 They desire a Treaty which was granted and a Peace concluded The King of France liked not his Station and desired he might march away without any interruption to his Army which being denied he desired a Treaty which was granted This was on or about the [7] Ibid. n. 30.40 They desire a Treaty which was granted and a Peace concluded Sixth of December and by the Mediation of the Archbishops and Bishops on both sides there present it was sworn on both parts That there should be peace and concord between themselves their Men or Vassals and their Dominions inter se homines suos terras suas until the Feast of St. Hilary next coming and that then they should meet at Loviers to make final Peace and Concord ad pacem finalem concordiam faciendam before a greater Audience or Convention of their people After the [8] Ibid. f. 435. a. n. 10. A. D. 1196. The Articles of the Peace Feast of St. Hilary or on the 14th of January they met at Loviers where by advice of their Men or Great Feudataries ubi inter eos Concilio Hominum suorum They agreed That the King of France and his Heirs should Quiet-Claim or Release to the King of England and his Heirs Issoudun with its Appertinencies and all the Right he had in Berry Avergn Gascony and That he should render to him the Castle of Arches the Earldoms of Albemarle and Ou and the other Castles he had taken by War [9] Ibid. n. 10. The King of England for this was to Quiet-Claim or Release to the King of France 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 a great Army [1] Ibid. n. 40.50 The King of France breaks the Peace made between him and King Richard and besieged Albemarle he took the Castle and demolished it and received of the King of England 3000 Marks for the 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 [2] Ibid. b. lin 1. Afterwards the King of France took Nonan Court and John Earl of Moreton the Kings Brother took the Castle of Gamache Andeli sur Seine or the Isle of Andeli sur Seine belonging to the Archbishop of Roven was a [3] Ibid. f. 437. a. n. 10. A. D. 1196. notable pass or Inlet into Normandy through which the King of France used often to take his way over the Seine to waste and harass that Country The King of England to hinder his getting over the River that way and for the safety of his People built a Castle in it contrary to the mind The sentence of Interdict pronounced against Normandy and notwithstanding the prohibition of the Archbishop and because he would not desist upon his prohibition he pronounced the sentence of Interdict against Normandy and went to the Pope There happened the same year a [4] Ibid. n. 20. A Skirmish between the Domestic Servants of both Kings Skirmish between the Domestic Servants of each King Hugh de Chaumout a stout Rich Knight and Favorite of the King of France was taken and delivered to the King of England and delivered him to Robert de Ros to be safely kept and he delivered him to his Esquire or Servant William de Espinai to be kept in the Castle of Bon-Ville upon 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 [5] Ibid. n. 40. A. D. 1196. Earl John defeats Philip Bishop of Beavais Iohn Earl of Moreton and Marchades the General of the Brabanters with a good Body of Horse appeared before the City of Beavais When they came to plunder and waste that Country Philip the Bishop and William de Merlou with his Son and many Knights and ordinary People went out armed to oppose them They were presently routed the Bishop William de Merlou his Son and some Knights were taken and most part of the ordinary People were killed The same day they marched to Milli a Castle belonging to the Bishop and took it by assault and demolished it and so returned in Triumph into Normandy and delivered their Prisoners to the King The Bodies of the
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 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 [1] 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 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 Church Affairs THere was little done in Church matters in this Kings Reign Hubert Archbishop went to York to correct and amend all things that were amiss in that Province and on [2] Hoved. f. 429. b. n. 10 20. A. D. 1195. Hubert received at York only as the 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 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 [3] Ibid. n. 20.30 A great Council held by him in the Province of York Council in which were made 18 Decrees most about the Behaviour of the Clergy and matters of small moment which are therefore omitted This was the only Ecclesiastic Council I find in England in this 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 [4] f. 161. n. 10. Ecclesia Dei in Normania de longo servitutis jugo liberataâ—st glorioso Rege Richardo Annuente omnia Disponente The Church of God in Normandy was freed from a long servitude by the Order and Grant of King Richard First [5] Ibid. n. 20. Several privileges granted by the King to the Clergy in Normandy That no Clercs should be taken by Secular power as they had been formerly unless for 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 [6] Append. n. â—9 Appendix and 't is not to be doubted but this Vsurpation 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 [7] Lib. Rubrâ— in Scaccario A Scutage oâ— 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 [8] Hoved. f. 377. a. l. 6. A. D. 1189. October Rhese Fitz-Griffin King of South-Wales came into England as far as Oxford Conducted by Earl 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 and two Sumpter-Horses were taken of every [9] 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 [1] Ibid. f. 4â—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 and all the Wooll of that year of the Cistertian Monks and the Order of Semplingham Carucage [2] 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 For Liberty of [3] Ibid. f. 424. b.n. 10. A. D. 1194. Torneament or Tilting every Earl was to give 20 Marks every Baron 10 Marks every Landed Knight 4 Marks every Knight of fortune or without Land 2 Marks Eleven hundred [4] Ibid. f. 436. b.n. 30. A. D. 1196. 1100000 Marks raised by Hubert the 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 An ayd of five shillings [5] 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 [6] 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
the French and mainteyned an obstinate fight with them before they were taken After the Castle was yielded up Roger de Lasci was carried into France but for the Courage and Bravery he 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 [7] Ibid. n. 50. f. 212. l. 1. King John denys Relief to his Transmarine Subjects subject to the King of England sent to him to let him know in what 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 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 Roâ—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 The next year [8] 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 [9] Ibid. Upon his Returnâ— he took of the Earls Barons Knights and Religious persons a vast Summe of Money upon pretence they would not follow him beyond Sea that he might Recover his lost Dominions On the thirteenth of July [1] Ibid. n. 30. Hubert 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 [2] 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 it He told him he would deliberate while he had more certainty of his Election The Monks had obliged their Supprior to [3] Ibid. n. 40. He breaks his Oath of 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 [4] 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 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 him in the Archiepiscopal Throne or Seat and the King put him in possession of all things that belonged to the Archbishopric This double Election happened to be the Foundation of many great mischiefs that followed * The King [5] Ibid. n. 50. f. 214 l. 1. A. D. 1206. sent some of the Monks of the Church of Canturbury to Rome to obtein the Popes Confirmation of the Election at 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 three Archbishops [6] 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 [7] Append. N. 81. excluded the Suffragans or Bishops of that Province from having any thing to do with or share in the Election of an 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 [8] 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 Castle of Mont-Auban which he Besieged and after he had Battered it fifteen Days took it on the first of August and wrote to his Justices Bishops and Nobility of England what and how many great and illustrious Prisoners what Horse and Arms and what innumerable spoils he had taken After this the Religious [9] Ibidem n. 30. A truce for two years agreed upon persons of those parts mediating between the two Kings on the Feast of All Saints procured a two years Truce so as King Iohn returned into England and Landed at Portsmouth on the 12th of December About this [1] 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 [2] f. 206. n. 20 30. A. D. 1206. says King Philip hearing King Iohn was Landed at Roâ—hell Raised a great Army and Marched into Poictou and fortified and Garrisoned Mirebeau
before Ascension Day he should be no King much Credit was given to what he said notwithstanding the King kept him in Bonds and Close Prisoner And the [1] Ibid. n. 20. King 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 many Enemies as there were great men And therefore at this time [2] Ibidem when they knew themselves absolved from their Fealty and Allegiance they rejoyced much and says the Monk further if common same was to be credited they every one sent the King of France a [3] Ibid. n. 30. Chart Sealed with their Seals That he might safely come into England receive the Kingdom and be Crowned with honor and glory About this time [4] Ibid. A. D. 1212. The Bishops inform the Pope against the King Stephan Archbishop of Canturbury William Bishop of London and Eustachius Bishop of Ely went to Rome and informed the Pope of the many Rebellions and Enormities King 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 and other wise men [5] Ibid. n. 40. The Pope pronounces the Sentence of Deposition And writes to King Philip to put it in Execution he pronounced the Sentence of Deposition against King 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 quoque sententiae executionem scripsit Dominus Papa potentissimo Regi Francorum Philippo Quatenus Remissionem omnium suorum peccaminum hunc laborem assumeret Rege Anglorum a Solio Regni expulso ipse successores sui Regnum Angliae Jure perpetuo possiderent He [6] Ibid. n. 50. The 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 the Injury done to the Vniversal Church and Decreed that whosoever should contribute either Money or other assistance toward the subduing of that Contumacious King should remain secure as well in their Goods as persons and in the Suffrages of their Souls or Prayers for their Souls in the Peace of the Church as those who visit the Sepulchre of the Lord. Sicut illi qui Sepulchrum Domini visitant Tam in Rebus quam in personis animarum suffragiis in pace Ecclesiae securi permaneant [7] Ibid. Pandulph sent into England And with this Commission and Instructions he sent Pandulph his Nuntio with the English Bishops that in his presence they might be executed But when [8] Ibid f. 233. l. 1. they were all gone out Pandulph asked the Pope privately what he might do if the King of England should repent and make satisfaction to God and the Roman Church and all others concerned in this business He presently gave him a form of Peace to which if the King would assent he might find favor at the Apostolic See In January [9] Ibid. n. 20. Ann. Dom. 1213. The English Bishops pronounced the Sentence in France They exhort King Philip to execute it He accordingly prepares to go into England next year Stephan 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 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 hâ—mines duces videlicet Comâ—es Barones Milites servientes cum equis armis c. under the Disgrace of being reputed Turn-tayls or Run-aways sub nomine * Du Fresâ— 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 the Ships of his own Nation and many others to be Equipped Armed and Victualled King [1] 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 [2] Append. N. 95. Sheriffâ— of every County of England to summon all the Earls Barons Knights and all Freemen and Esquires or Serjeants whoever they were and of whomsoever they held who ought to have or could have Arms and who had done Homage and Ligeance to him [3] Paris 234. n. 10 20 King 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 Norwiâ—h came out of Ireland with 500 Soldiers and many Horse to the King and was kindly received The whole Force that was Mustered upon Barham Down consisted of sixty Thousand strong well armed men He designed also to way-lay the French Fleet and fight them with his Navy which was greater and stronger then that of France While King [4] 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 he would come to him with speed They met at Dover when Pandulph tells him what a vast Navy and Army the King of France a. The French Historians Rigord and Mezâ—raâ— and our * Hypodigm Neustria Walsingham in this Year 1213. say that of all the Nobility of France Ferrand Earl of Flanders only refused to assist the King of France in this Expedition so that he resolved before he took Shipping
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 [1] 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 [2] Append. N. 105. The Pope writes to his Legate to fill all vacancies of Abbys and Bishopric's wrote to his Legat Nicholas to 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 [3] 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 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 After the [4] 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 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 [5] 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 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 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 In the mean time the King had [6] Ibid. n. 10. sent a great sum of Money to the chief Commanders of his Forces in Flanders that thereby they might be enabled to invade and waste France on that side they did so and took several Towns and Castles and much harassed the 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 many Barons of Poictou and swear Fealty to him and presently after his landing there were [7] Ibid. n. 20. King John's success beyond Sea 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 [8] Append. n. 106. William Earl Marshal and all the Earls Barons and great Men of England with Directions to them to hear and do what the Justiciary should say to them concerning the Form and Relaxation of the Interdict The Messengers or Commissioners [9] Mat. Paris f. 249. lin 3. The Commissioners sent by the King and Arch-Bishop urged the Relaxation of the Interdict sent by the King to Rome about this Affair were Iohn Bishop of Nâ—rwich Robert de Marisco Arch-Deacon of Northumberland Thomas de Huntingâ—una or rather Herdingtona and Adam two Noble Knights Those on the behalf of the Arch-Bishop were Simon de Laâ—getuna his Brother A. and G. his Clercs all which unanimously affirmed in the presence of the Pope it was very much for the advantage of the Secular and Ecclesiastic State that the Interdict should be released [1] Append. n. 107. and by their consents he invented and appointed the Form of it by which he ordered 40000 Marks to be paid to the Arch-Bishop of Canturbury the Bishops of London Ely and others they should assign discounting what they had received before which being paid and further caution give as 't is 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 [2] Paris ut supra n. 20. A Council assembled by the Legat at St. Pauls in London when Nicholas the Popes Legate received this 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 [3] Ibid. n. 30. where were the Arch-Bishops Bishops Abbats Priors Earls Barons and others concerned in this Affair of the Interdict before whom he propounded the Form of Restitution for Damages and what had been taken a way from the Bishops c. which was drawn up by the Pope at Rome with the consent of the Parties Commanding he might be certified what Money had been paid to the Bishops or others by the 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
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 Fâ—ance But if an Earl or Duke Committed a Crime in the Kingdom of France he might and ought to be Judged by his Peers [1] Ibid. n. 40. and if he were neither Duke or Earl or Liege Man of the King of France and had Committed a Crime in the Kingdom of France yet by Reason the Crime was Committed in France the Barons might Judge him to Death otherwise if the King of England because he was an anointed King who was then a Peer of France could not be Judged to Death might safely enter the Kingdom of France and Kill the Barons of that Kingdom as he had Killed his Nephew Arthur The Monk [2] Ibid. n. 50. Quere Why the Monk said this tells us the truth of the Matter was thus That King John was not justly adjudged from the Dukedom of Normandy because he was not Judicially but Violently thrust out of it For that he sent Eustace Bishop of Ely and Hubert de Burgh to let the King of France know The Mutual Objections Answers and Replys c. That he would Willingly appear in his Court and was ready to stand to the Law in all things if he might have a safe Conduct The King of France answered he should come safely The Bishop then asked him And shall he return safely [3] Ibid. fol. 284. lin 1. Of the King of France and the Envoys of the King of England To which the King returned If his Peers would permit him And when the King of England's Envoys pressed that he might safely come into and return out of France King Philip sware by the Saints of his own Country he should not depart without Iudgment or Tryal [4] Ibid. lin 4. Concerning his Answering in the Court of France The Bishop urged the Dangers that might happen by his 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 'T is well known the Duke of Normandy my Tenant hath violently acquired England and if he suddenly hath acquired any greater Honor shall this prejudice his Capital Lord shall He lose by it Certainly not [5] Ibid. n. 10. To which saith the Monk the King of England's Messengers could Surrebutt or answer nothing and so returned home But adds [6] Ibid. Mat. Paris his Opinion about the Condemnation of King John in the Court of France The Monk notwithstanding what the King of England's Envoys said the Great Men of France proceeded to Judgment which justly they ought not to have done because he that was judged was absent and would have appeared if he could And therefore King John being condemned by his Adversaries was not justly condemned [7] Ibid. n. 20. The Popes Opinion about the Death of Duke Arthur The Pope says Duke Arthur was taken by his Vncle at the Castle of Mirebel after he had done Homage and Ligeance to him and therefore might be put to Death without Judgment Secondly [8] Ibid. n. 30.40 The second Objection against King John and the Popes answer The Replies of Lewis his Envoys to the Pope 'T was Objected against King John That he was often Cited to appear in the Court of the King of France and neither appeared personally nor sent any one to appear for him The Pope answered This was only Contumacy and not a Mortal Crime and was otherwise to be punished and therefore the Barons could not judge him to Death Lewis his Messengers 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 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 [9] Ibid. f. 285. lin 1. To which Lewis his Envoys again Replyed That she had a Title which was good while others appeared and if any nearer to it afterwards claimed Lewis might do what he thought fit or what he ought to do 3. To these things the [1] Ibid. l. 5. The Pope asserts his own Title Pope said the Kingdom of England was his property and that Lewis ought not to spoil him of his Kingdom by War To this Lewis his Commissioners Answered The War was begun before the Pope could pretend to it [2] Ibid. n. 10. Lewis his Envoys indeavour to invalidate it For William Longe-spee and many with him came and invaded Lewis his Territories Therefore his War was just against the King of England that sent him [3] Ibid. The 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 [4] 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. [5] Ibid. n. 30. The Pâ—pes Argument against the War The Reply of Lewis his Commissioners The Pope urged further That the Barons were 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 [6] Ibid. n. 40 The Popes Resolution And after all the Pope said he would determine nothing until that he heard from his Legat Walo This was the Discourse between the Pope and Lewis his Envoyes their mutual Objections Answers Replyes c. Lewis [7] Ibid. n. â—0 Lewis waâ—â—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 Nottiâ—gham and Newark Castles made a great Cavalcade into the East of England the
put the rest to flight The Citizens returned into the City meditating revenge and met in great Numbers Serlo the Major hearing of their tumultuous 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 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 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 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 with a considerable Guard went into the City and whosoever he found Guilty of the Sedition he imprisoned and caused either their Feet or Hands to be cut off and then set them at Liberty many fled for fear and never returned The King punisheth the City of London for the Riot And turns out the Officers and for a greater punishment to the City the Kings turned out all the City Magistrates and appointed new Prefects Governors or Officers in their place Rex in majorem vindictam omnes Vrbis Magistratus deponens novos in Civitate constituit Praefectos Not long after the King * Append. n. 147. Thirty Hostages given for the security of the City of London named Thirty persons to be Security and Hostages for the Good Behaviour preserving the Peace and faithful Service of the City of London The 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 On the 29 th of January following the King * Append. n. 148. The King Lets the Office of Chamberlan of London at 100 l. per annum Let out to Farm to William 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 In the year 1223. the King kept his [5] Ibid. f. 316. n. 50. The Archbishop and great Men desire a Confirmation of their Liberties 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 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 Râ—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 [6] Ibid. f. 317. l. 3. seeing the Archbishop moved The King promiseth to preserve their Liberties assured them that he had bound himself by Oath to preserve their Liberties and what was Sworn should be observed And having called a Council he forthwith sent his Letters to all the 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 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 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 [7] 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 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 Earls and Barons That he had Sworn to give satisfaction to his Lord Henry King of England and his People within
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 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 sâ—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 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 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 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 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 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 Marshalâ— 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 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 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 [6] 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 Bâ—shop of Winchester as it was reported he removed all Bishops Earls Barons and Noblemen from his Council and would trust no one but the aforesaid Bishop and Peter de Rivallis his Kinsman So that the management of all 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 whâ— 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 of remedy through the powerful influence of the Bishop of Winchester When [7] Ibid. n. 50. Richard Earl Marshal speaks boldly to the King Concern in the Poictovins Richard Earl 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 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 and the rest heard this Answer [8] fol. 385. lin 2. they retired from Court promising faithfully to stand by one another in that cause usque ad divisionem corporis anima to the very parting of Body and Soul The last year in Autumn [9] Ibid. n. 40. The Pope voids the Election of John Blund
well Bishops and Abbbats as lay-Barons which held of him in Capite Quilibet Baro tenens ex Rege in Capite to have all their Service ready at Newcastle upon Tine to force the King of Scots to give satisfaction unless he would hear their Advice where they appeared accordingly Congregata igitur Vniversitate totius Anglâ—ae Nobilium apud Memoratum Castrum About the Assumption of the Virgin that is the 15th of August they had a serious Treaty about this Weighty Affair Where by the means of Earl Richard and other great Men there was a Peace made upon these Terms [6] Append. n. 171. Articles of the Peace between the Kings of England and Scotland That the King of Scots and his Heirs should keep Perpetual Faith and Friendship toward King Henry and his Heirs That he should not League with the 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 [7] f. 647. n. 30.40 The Welch spoil the Borders Welch at this time made great Slaughters Devastation 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 On the Morrow of all Souls November 3d the [8] 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 his Heirs might hold it of him Paying yearly 500 Marks for a great Sum of Money obtain'd the Popes â—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 [9] Append. n. 172. summoned the King to appear before them on the Vigil or Eve of St. Agnes January 21 at Keyrus in Wales to answer Prince David concerning the Contents of the Bull. This inraged the King and also the Great Men so as they urged him to March against David without Delay On the [1] Paris f. 654. n. 50. The 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 good this loss besieged the Castle of [2] f. 255. n. 30. David besieged and took Monthalt Castle Monthalt and took it by assault and killed most he found in it but missed of Roger de Monte-alto the Proprietor of it whom he thought to have found there About [3] f. 658. n. 50. The yearly revenue of the Roman and Italian Clergy in England Whitsunday the King caused diligent Inquiry to be made in Every County whose Revenues the Romans and Italians were possessed of in England [4] f. 659. line 4. by Gift of the Court of Rome and they were found to be 60000 Marks by the year The Consideration of which great Sum moved the King both to Admiration and Anger and the Vniversity of the Kingdom composed an Elegant [4] f. 659. lin 4. Epistle in which they set forth the Execrable Papal Extortions The English Complaint at the Council of 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 William de Cantelupe Philip Basseâ— Ralph Fitz-Nicholas and Master William Poweric a Clerc in the Name of the whole Vniversity 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 30 th of [5] 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 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 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 The [6] f. 666. n. 40. A. D. 1245. The English Procurators complaint in the Council of Lyons Procurators of the Vniversity 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 Vniversity lamentably complaining of a Tribute injuriously imposed on the Kingdom by the Court of Rome to which the Fathers of the Nobility nor they themselves had ever consented nor did at present or ever should consent whereupon they craved Justice with Remedy To which complaint the Pope made no answer yet William Powerâ—c produced the [6] Append. n. 173. Epistle which deâ—lared the many Extortions made in England by the Roman Church which was read in the Council After some time of Wayting the
to Earl Roger Bigod Intercession the Marescalcie with the Office and Honor was Granted to Earl Roger Bigod by reason of his Countess ratione Commitissae suae the Eldest Daughter of William the great Earl Marshal Against the great Grievances and Exactions of the Pope [4] f. 706. n. 30. Messengers sent to Rome to complain of Grievances William Powerit and Henry de la Mare were sent to Rome by consent of King Bâ—shops Earls and Barons And in the mean time [5] fol. 707. n. 40. he sent for 6000 Marks which had been charged upon the Bishops by his Clerc Master Martin which so exasperated the King That he [6] Append. n. 174. The Kings Command to the Bishops not to pay any Aid or Tallage to the Pope wrote to the Bishops and Reproved them for not observing his Letters Patents and close by which he had Commanded them to pay no Ayd or Tallage to the Pope and in that Writ commanded them again not to comply with any of his Exactions contrary to the Resolutions of themselves and other Prelates the Earls and Barons made in the Council at London On the 7th of July there was a Council holden at Winchester between the King and [7] Paris f. 709. n. 30. A Council held at Winchester The King prohibits from contributing to the Pope Great men about the Desolation of the Church William de Poweric and Henry de la Mare that had been sent to the Court of Rome were then returned bringing back nothing of moderation from the Pope concerning the oppressions of the Kingdom and Church of England of which they had complained He continued resolute in forcing his Demands which Resolution so moved the King and Great Men That he commanded Proclamation to be made in all Towns Markets and public places no man of the Kingdom should consent to any Contribution to the Pope or send him any Ayd [8] Ibid. n. 40 50. The Pope writeth severely to the English Prelates The King forced to consent to the Popes Exactions But he sharply wrote to the Prelates after he had been advertised of this Proclamation and under pain of Excommunication and Suspension charged them to pay in the Money to his Nuncio at the New Temple London And whereas the King was fixedly prepared to defend the freedom of the Kingdom and Church by the Threats of his Brother Earl Richard and some Bishops but especially of the Bishop of Worcester who as it was said had power to Interdict the Nation he was Baffled and fell in the cause so as the Contribution was paid and the whole endeavor and hope of mainteining the freedom of the English Church and Kingdom came to nothing The Pope taketh an advantage of his easiness And the Pope taking a greater Confidence from what he had already done commanded more [9] f. 716. n. 10 And treateth the Clergy rigorously Imperiously than he were wont to do That all Beneficed Clercs that resided upon their Livings should pay unto him a third part of their Goods and such as did not Reside were to pay one half and appointed the Bishop of London to Execute this his project Who [1] Ibid. n. 20 with some others met at St. Pauls to consider of this matter to whom the King sent John de Lexinton a Knight and Lawrence of St. Martin his Clerc on the Morrow after St. Andrew or 8th of December strictly prohibiting them to consent to that Contribution and so they broke up their meeting to the great satisfaction of all such as were called before them If any man thinks it worth his labor to peruse the Answer of the [2] Ibid. n. 30 40 50. Clergy to this unreasonable Exaction may see it in Mat. Paris About this time the Bishop of [3] Ibid. lin 1. The Bishop of Lincoln maketh an inquisition into the lives of the People Lincoln by the Instigation of the Friers Preachers and Friers Minors made strict Inquisitions by his Arch-Deacons and Rural Deans concerning the Continency and Manners of Noble and ignoble to the great Scandal of them and the blasting of their Reputations The King hearing the grievous complaints of his people concerning these proceedings by advice of his Court sent his [4] Append. n. 175. The King forbid's the Execution of it Writ to the Sherif of Hertfordshire commanding him That as he loved himself and all he had That he should not permit any Lay-men of his Baylywic for the future to meet in any place to make Cognitions or Attestations upon Oath at the pleasure of the Bishop of Lincoln his Arch-Deacons or Rural Deans unless in Matrimonial and Testamentary Causes In 1 fol. 719. n. 20. The King reconciled to the Bishop of Winchester the year 1247. A. D. 1247. King Henry with many of his Great men was the day after Christmass-day entertained at Winchester by the Bishop of that place By this the King signified he had forgotten all former offences and in the presence of the whole Court received the Bishop into his favour At the same time the King [2] Ibid. n. 30. A Council called at London The Bishops absent themselves summoned his Great men Magnates suos and the Arch-deacons of England to meet at London to consider how the Contributions the Pope required should be raised At the day appointed all the Bishops designedly absented themselves that they might not appear openly to confront the Popes desires These Continual exactions of the [3] Ibid. n. 40 50. A general Clamour against the Pope and his Ministers Popes Legates and Collectors opened every ones Mouth against him but especially in France where they did not spare his Holiness but loaded him with bitter reproaches and revilings for the Extortion and Rapine that was practised by his Ministers Insomuch that the [4] fol 720. n. 20. A Decree of the Great men of France against Papal jurisdiction Great men of the Kingdom Omnes regni Majores Decreed and by Oath Established it That No Clerc or Laic for the future should compel any one to appear before an Ordinary Judge or Delegate unless upon the Account of Heresy Matrimony or Vsury upon Forfeiture of all his Goods and loss of one of his Members This resoluteness of the French very much Troubled the Pope [5] Ibid. n. 30. The Popes method to regain the good will of the French so that he endeavoured by all means to soften them into a compliance with him he bestowed many Ecclesiastical Benefices among their Relations and gave them licence to obtain more and other Indulgences besides he was bountiful in his gifts among the Noblemen which brought many over to him from their former Resolution The Day after [6] Ibid. n. 50. A Parlenâ— at London Candlemass the Parliament met at London where the King was informed that the King of France had a design upon Gascoigny and that it would not be only a great reproach but a prejudice to him
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 Roger Mortimer Roger de Montalt Roger de Sumery Peter Montfort Thomas de Greley Fulco de Kerdiston Aegidius de Argenton John Kyriel Philip Basset Aegidius de Erdington All Barons or Knights and great 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 [7] 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 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 [8] f. 391. n. 10. The Barons choose Hugh Bigod Justiciary says in the beginning Resisted the Rebellious Faction The Barons no sooner heard of their Flight but they chose Hugh Bigod their Justiciary and Summoned all their Followers to attend them and with Horse and Arms to 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 [9] Append. n. safe Conduct which bears Date July 5th and had Humfry de Bohun Earl of Hereford and Essex John Earl Warren William de Fortibus Earl of Albemarle and other Nobles assigned to Guard them The Oath of Confederacy or Association which the Community of England entred into at this meeting at Oxford we find transmitted to posterity in the same [1] f. 413. Annals with this Title and in this Form Ceo jura Commun de Engleterre a Oxford Nus 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 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 premetâ—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 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 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 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 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 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 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 Iâ— 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 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 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 fo rs Bref de Curs sanz le Mandement le Rei et de sun Cunseil Ke serra present Ne Enseler Dun de grant Garde ne de Grant * * The Word here wanting I suppose to be Marriage ...... ne de Eschaetes sanz le assentement del Grant Cunseil u de la
greinure 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 This the Chancellor of England did Swear That he should Seal no Writs without the Command of the King and his Council that shall be presentt except Writs of The Oath of the Chancellor of England Course nor should Seal the Gift or Grant of a Great Ward or Great ...... or of Escheats without the assent of the Great Council or the greater part of them Nor that he should Seal any thing which was contrary to the Ordinances then made or to be made by the Twenty four or the greater part of them Nor that he should take any Reward but what had been given to others And that if he took to him an assistant or Deputy it should be according to a form provided by the Council When by their Ordinances and having procured their Friends to be made Governors of all the Kings Castles and Places of strength in the Nation and having also provided themselves of a Justiciary and Chancellor for their purpose and bound them by Oath to act according to their Dictates They then if any credit may by given to [2] f. 391. n. 20. The 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 And when they had driven the Kings Brothers out of the Kingdom the Baronage or [3] Paris f. 978. n. 10. lib. Additâ—ment f. 215. n. 30 40. A. D. 1â—58 Comunity of England sent Letters to the Pope to excuse themselves which were [4] Append n. 195. Their Letter to the Pope to excuse themselves to this effect That altho' he had lately sent Mr. Herlot or Arlot his Sub-Deacon and Notary who admonished and induced them to assist the King in the prosecution of the Affair of Sicily which he had undertaken without their Advice and Consent and against their Wills Yet out of Reverence to him and the Holy See they thought fit to Answer That if by their Advice he would Reform the Kingdom and he would mitigate the Conditions contained in his Bull of the Grant of Sicily Then according to the Terms of the Reformation and his Mitigation they would effectually help him But when the King had consented to choose Twelve and that they should choose Twelve others by whom the Reformation of the Nation was to be made He named Adomar the Elect of Winchester and his Brothers in the number of his Twelve And that they but more especially the Elect 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 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 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 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 return yet the Comunity would in no wise permit his Entrance And that he might be removed without scandal seeing he was not Consecrated Bishop To these Letters Eleven Persons put to their Seals and witnessed them on behalf and in the stead of the whole Comunity Eleven Persons put their Seals to this Letter Of these Eleven Eight were of the number of the Twenty four Reformers viz. Richard of Clare Earl of 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 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 Râ—chmond James Aldithley or Audeley The Great Men [5] Paris Additam f. 217. n. 30 40 50. Four Knights sent to the Pope with this Letter from the Great Men. fearing lest the Elect of Winchester should make haste to Rome and by the promise of a great sum of Money to the Pope and Cardinals procure his Consecration That so he might more effectually hurt them sent Four Skilful Eloquent Knights Men of Worth and Credit to present this Epistle to the Pope and whole Roman Court with further instructions to Calumniate the 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 the Province of Canturbury and at Oxford before the * That is the University of Barons Vniversity 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 [6] Paris f. 974. lin 1. on the Feast of St. Mary Magdalen that is July 22. they sent their Agent to London who in full meeting of the Citizens in the Guild-Hall Demanded of them Whether they would immutably adhere unto and faithfully obey the Statutes of the Barons The Citizens of London confederate with the Barons and Manfully resist such as should oppose them and likewise give them effectual assistance Whereunto they freely consented and bound themselves by a Chart Sealed with the Common Seal of the City About the [7] Ibid f. â—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 Notary when he saw the Broils and Disturbances in the Nation privately and prudently withdrew himself while the Storm should be over It had been [8] Append. 195 All Grievances were to be inquired into by four Knights of every County agreed in this 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 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 [9] 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 4 th of August who made their Inquisitions and Returns accordingly But what was done upon the Return of these Writs and Inquisitions I find not But do find That by the Kings [1] Append. n. 196 197. The Knights had their expences allowed them by the Counties Writs the four Knights of every 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 [2] Paris f. 979. n 30 40. Manfred chosen and Crowned King of Apulia News that Manfred Son of the Emperor Frederic was by the Bishops and Great Men contrary to the Popes mind Chosen and Crowned King of Apulia who made Arch-Bishops and Bishops 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 [3] Ibid. f. 981. n. 50. A. D. 1259. Richard King of the Romans desires to return into England Nobles were in London at Christmass with the King where they Treated amongst themselves with great trouble and doubting how they might carry on their design and satisfy the Request of Richard King of Almaign [4] Ibid. f. 982. lin 1. who had given them notice he very much desired to return into England to visit his Friends and look after his own Affairs They suspected his coming might be [5] Ibid. l. 3. to pour out his Indignation and Revenge upon the Barons for their behaviour towards his Father King John his Brother King Henry and his Half Brothers they were afraid he might divide them and bring off many to follow him and break their purposes About the [6] Ibid. n. 50. Feast of St. Hilary that is January 13. they again 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 sudden and unexpected coming into England and how long he would stay there and to acquaint him he must take an [7] Ibid. f. 983 n. 10 20. The conditions upon which he was to come into England Oath to go along with and assist the Barons in 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 would he tell them how long he intended to stay in England His Answer to the Messenger sent to him and told them the Nobles of England ought not to Reform the Kingdom without him or presumptuously to go about such a difficult Business without his Presence and Assent The Barons hearing [8] Ibid. n. 30 40 50. The Barons determined to oppose his Landing this fitted out Ships and Galleys to Fight with him and impead his Landing and raised an Army of Horse and Foot to oppose him after it of which when he had certain notice he became more calm and by 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 [9] 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 callâ—d upon Richard Earl of Cornwal to take the Oath which was in these words Hear ye [1] Ibid. l. 8. The Oath he took all People That I Richard Earl of 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 Eight days after [2] Ibid. f. 984. n. 30. Candlemass the Noblemen met at London as they had agreed before at Oxford About the beginning of November [3] Ibid. f. 979. n. 20. Several Noblemen sent to meet the King of Almaign The Earl of Leicester with the Bishops of Worcester and Lincoln and Roger Earl 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 home and left the Earl of Leicester behind who went into France and having been long [4] Ibid. f. 984. n. 40. expected by the Barons appeared in this Council and brought with him the Dean of Bourges one of the King of France his Privy Council where there was an earnest Debate of the Matters between the two Kings of England
there Ibid. C. Exetor City standeth out against the Conqueror f. 192. F. They submit and are pardoned f. 493. A. F. Foelix a Burgundian converted the East Angles f. 105. B. Falcasius de Brent his Policy and Courage f. 526. B. His unwillingness to part with what he had gotten by Rapine and Plunder in time of War f. 528. A. B. His Rebellious Practices f. 534. B. He was excommunicated his Submission and Imprisonment Ibid. D. E. F. He is sentenced to abjure the Kingdom f. 536. A. B. He was encouraged in his Treasons by some great men Ibid. C. Otho the Leg at moved in his behalf but without Success fol. 537. C. D. A great Fair proclaimed at Westminster to hold fifteen days f. 601. F. Fees when first Hereditary f. 81. B. When and by whom made Servile f. 156. B. They were Originally Military Ibid. C. Three sorts called Tenure in Capite f. 157. lin 1. Military upon what account granted Ibid. A. To what forfeitures they were subject Ibid. C. D. E. Feudal Tenures from whence they arose f. 56. D. Feudal Law not written till Frederic the First f. 72. F. 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. 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 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. 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. 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. GAfolland what it was f. 67. F. Galgagus General of the Caledonians f. 25. F. Gilbert de Grand made Earl of Lincoln by Prince Lewis f. 513. D. Gascoigns Subdued by Earl Richard of Cornwall f. 535. F. They do Homage to Henry the Third f. 545. B. S. Montfort Earl of Leicester his success against them fol. 602. F. 606. A. Their Complaints to the King against him Ibid. F. They repeat their Complaints by solemn Messengers fol. 607. A. B. Prince Edward made their 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. 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. 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 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. 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. 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. 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. 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. Their Testes and Jurors the same f. 78. lin 1. What sort of men their Testes were to be Ibid. Their Judges and Officers like to the English Saxons f. 79. E. Their Servants and Freeman who and their State f. 83. B. C. D. Their manner of making Laws and how they agreed with the English Saxons f. 84. B. They secured their Lands by great Ditches f. 86. A. When they held their Councils f. 87. C. Their Princes called and presided or others by their appointment in those Councils Ibid. F. Gessoriacum where it was f. 13. F. Gilbert Prince of Galloway doth Homage to Henry the Second f. 329. B. C. Glanvil Justiciary of England of Norman Extraction f. 152. B. Glota where it was f. 24. B. Godfrey Bishop of Winchester disseised f. 443. F. Godwin Earl of Kent his Extraction f. 131. E. He refused though sent to punish the Citizens of Canterbury f. 132. B. He was summoned to appear before his Peers for his refusal Ibid. C. He raised an Army and made bold
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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. He erected Bishoprics and distinguished them into Parishes f. 107. A. Theodosius sent by Valentinian into Britain f. 35. C. His success against the Scots and Picts Ibid. He secured the Government of Britain f. 36. A. B. C. He was recalled and made Emperor f. 37. B. Thrinsa what it was f. 119. F. Thurstan Elect of York refused to make his profession to Canturbury f. 266. B. C. He desired the Kings leave to go to the Council of 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. Tithes not paid in Augustins time f. 102. F. Of all England granted to the Church by Ethelwolph fol. 112. A. B. The Grant subscribed by all the Kings and Nobility of the Kingdom Ibid. C. Tithings why so called f. 84. F. Roger de Toenio opposed Duke William's Succession f. 186. B. He was overthrown and slain Ibid. C. Togodumnus slain f. 13. B. Tolls and Customs for what paid f. 209. D. Tosti 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. 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. 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. 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. 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 and Money f. 548. D. He justified what he had done before the Inquisitors fol. 549. A. B. U. VAcation when and wherefore appointed f. 179. B. C. 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. 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
Procurators returned without [7] f. 681. n. 30. a satisfactory Answer yet at length he [8] f. 696. n. 10 20 30 40. The Popes Grant to Patrons of Benefices iâ— England Granted that all Patrons both Lay and Ecclesiastic should present whom they would to Ecclesiastic Benefices without the Let or hinderance of him or his Legats But afterwards with a Non [8] f. 668. n. 20. Obstante to this privilege he totally destroyed it when ever he had a Mind to prefer any of the Italian Clergy About the Beginning of July the King [1] fol. 660. n. â—0 Clau. 29. Hen. 3 M. 8. D. The King prepares for an Expedition into Wales Summoned all the Earls Barons Knights and others that held of him in Military Service and Serjeanty to March with him into Wales or to send their Service The Welchmen kept themselves upon their Mountains and in their Woods and fastnesses and took their Opportunities now and then to Destroy some Parties of the English and all that King Henry did in 10 Weeks time was to [2] f. 682. n. 20. f. 683. f. 684. n. 30. build the Castle of Bannoc which when he had finished and put a strong Garrison into it he returned into England having destroyed all the Victuals and Forrage upon the Borders and in those parts of Wales where he had been and returned into England with his Army At the same time the Irish by the King's Command landed in the Isle of Anglesey which was the place of Refuge for the Welch and burnt and destroyed the whole Country In the Spring following [3] f. 695. n. 40. A. D. 1246 Prince David dyeth without Issue died David Prince of b. The Prince of Northwales was the [7] Dr. Pow. Hist of Wales p. 315. Superior of all the Princes of Wales to whom the other Princes of South Wales and Powls paid a certain Tribute yearly as appears in the Laws of Howel Dha Northwales without Issue in whose place the Welchmen chose the Son of Griffin Prince of Wales Dr. Powel says from the British History That the Lords and Barons of Wales upon the Death of David came together and chose [ ] History of Wales p. 314. Owen and Lewelin who divided the Principality between them and received their Homages This year in a Parlement at London there were severe A Parlement at London Laws made against such as Robbed Parks or Warrens [6] Paris ut supra f. 695. n. 50. lib. Additam f. 156. n. 10. Laws made against Robbers of Warrens and Parks If the Malefactor fled and was Killed there was neither Law or Appeal allowed for his Death If an Earl Baron or Knight complained to the King that his Deer was stoln and Inquisition was made by the Kings Writ if he that was Indicted was Convicted he was to lye in the Kings Prison a Year and a Day and to pay three years value of his Estate having just sufficient allowed out of it to maintain him after which the King was to have two parts and he that received the injury one and then he was to find twelve Sureties that he should never do the like again in Parks Warrens or Forests nor do any thing against the Kings Peace who were to answer for his Body and Transgression And if any one were taken in a Park or Warren without the Kings Writ of Inquisition he was to be Imprisoned Fined and to give Sureties as before On Mid-Lent Sunday a most General Parlement of the whole Kingdom met at London according to Summons [8] Paris f. 698. n. 40 50. A General Parlement held at London where the King Conferred with the Bishops apart the Earls and Barons apart and the Abbats and Priors apart about the Popes not keeping his promises concerning the Removal of their Grievances which were these Papal Exctions and Oppressions First That the Pope not content with the payment of Peter-pence oppressed the Kingdom by Extorting from the Clergy great Contributions without the Kings Consent against the Antient Customes Liberties and Rights of the Kingdom and against the Appeal of the Procurators of the King and Kingdom in the General Council of Lyons Secondly The Church and Kingdom were oppressed in that the Patrons of Churches could not present fit persons to them because they were given by the Popes Letters to Romans who understood not the English Language and carried all the Money out of the Kingdom to the Impoverishing of it Thirdly The Nation was oppressed by the Popes Exaction of Pensions from Churches Fourthly The Church and Nation suffered for that Italians succeeded Italians and the English were forced to prosecute their right out of the Kingdom against the Customes and Written Laws thereof and against the Indulgencies of the Popes Predecessors granted to the King and Kingdom of England Fifthly The Church and Nation infinitely suffered by reason of the Clause of Non obstante which weakned and enervated all Oaths Ancient Customes Written Laws Grants Statutes and Privileges Sixthly The Church and Kingdom suffered for that in the Parishes where the Italians were Beneficed there was no Alms no Hospitality no Preaching no Divine Service no care of Souls nor Reparations done to the Parsonage Houses The Result of the Conferences upon these Grievances was That yet The result of this Conference upon these Grievances for the Reverence due to the Apostolic See they should again Supplicate the Pope by Letters to remove the intolerable Grievances and importable yoak and this was done according to the Kings separate Discourse with them The King wrote by [9] f. 699 700 701. himself the Bishops by themselves the Abbats by themselves and the Earls and Barons by the name of the Vniversity of England by themselves as appears by their particular Letters extant in Mat. Paris But notwithstanding this Appeal [1] f. 681. n. 40. The English Bishops at the Council of Lyons imposed upon by the Pope the Pope just before the Dissolution of the Council of Lyons caused the English Bâ—shops to put their Seals to the Instrument of King John by which he engaged himself and Heirs to pay a Thousand Marks a year to Innocent the Third and his Successors Fulk Bishop of London was very unwilling to do it yet at last he suffered himself to be overcome They then also Signed the Instrument of the Deposition of Frederic the Emperor And yet further to the great prejudice of the King and Kingdom he [2] f. 701. n. 50. A new Oppression of the English Bishops by the Pope sent his Apostolic Commands to the Bishops That some of them should find him 15 others 10 others 5 stout men well Horsed and Armed for one year as the Pope should direct And lest the King should make provision against this Exaction the Bishops were Commanded not to discover it under pain of Excommunication This year by great [3] f. 705. n. 30. The Office of Marescalcie granted