A complete history of England from the first entrance of the Romans under the conduct of Julius Cæsar unto the end of the reign of King Henry III ... : wherein is shewed the original of our English laws, the differences and disagreements between the secular and ecclesiastic powers ... and likewise an account of our foreign wars with France, the conquest of Ireland, and the actions between the English, Scots and Welsh ... : all delivered in plain matter of fact, without any reflections or remarques by Robert Brady ...

Essex [2] 1.1 Terra Regis. Hundret de Berdestapla.

[ A] BEnflet Tenuit Haroldus Tempore Regis Edwardi, pro uno Manerio & pro octo Hidis modo Custodit hoc Manerium Ranulphus frater Ilgeri in Manu Regis. Tunc xii Villani, modo xxi semper vi Bordarii, Tunc tres servi, modo tres iij Carucatae in Dominio modo ij, Tunc xi Carucae hominum modo v triginta acrae silvae Pastura 130 ovibus Dimidium Mo∣lendini, [ B] &c.

Harold held Benflet in the time of King Edward for one Maner and Eight Hides, now Ranulph Fitz-Ilger keeps it in the Kings hand, Then (that is in the time of King Edward) there was twelve Villains, now (when the Survey or Domes∣day Book was made) one and twenty, There was always [ C] (that is then and now) 6 Bordars, then three Servants, and now three. Three Carucates in Demeasn, now two, Then the men or Tenants had Eleven Ploughs, or Eleven Plough-lands, now Five: Thirty Acres of Wood, Pasture for 130 Sheep, half a Mill, &c.

Witham [3] 1.2 Tenuit Haroldus Tempore Regis Edwardi pro uno Manerio, & pro v. hidis modo custodit hoc Manerium in [ D] Manu Regis, Petrus Vicecomes, Tunc duae Carucatae in Domi∣nio modo tres, Tunc xxi Villani, modo xv. Tunc ix Bordarii, modo x. Tunc sex servi modo ix. Tunc xxxiii Sochemani & mo∣do similiter, Tunc xviii Carucae Hominum modo vii, & haec perditio fuit Tempore Sueni & Baignardi Vicecomitum, & per Mortem Bestiarum.

[ E] Harold held Witham in the time of King Edward for one Maner, and for five Hides, now Peter the Sheriff Keeps it in the Kings Hand, Then there were two Carucates in Demeasn, now three; Then there were twenty one Villains, now fifteen; Then 9 Bordars now 10. Then six Servants now 9. Then there were three and twenty Socmen, now the same number. [ F] Then the men or Tenants had 18 Ploughs, now 7. and this loss was in the time of Swain and Baynard the Sherifs, and by the Death of Cattle.

Writelam tenuit [4] 1.3 Haroldus pro Manerio & xvi Hidis Tempore Regis Edwardi, Modo Rex Willielmus pro xiiii hidis, Tunc C Villani tres minus, post & modo Lxxiii. Tunc xxvi Bordarii post & modo Lx. Tunc xxxiiii servi modo xviii. &c.

Harold held Writel for a Maner, and 16 Hides in the [ A] Time of King Edward. Now King William possesseth it for 14 Hides, Then there was an Hundred Villans wanting three, afterward and now seventy three; Then 26 Bordars, after∣ward and now sixty; Then 24 Servants, now 18. Then 12 Carucates in Demeasn, now 9. Then the Men or Tenents had sixty four Ploughs or Plough-lands. Then this Maner yielded 10 Knights farm and 10 Pounds, now it yields an [ B] hundred pounds by weight.

And thus are the Entries of the ordinary Inhabitants of all the Country Towns and Maners in this County, they were Villans, Bordars and Servants, as well in Edward the Con∣fessors, and the Saxons Time, as after the coming of the Nor∣mans▪ They were people of the same Condition. There [ C] are seldom to be found any Socmen, and very rarely any Freemen in the Entries of this County.

In Norfolke there are many Freemen to be found, and but few Socmen.

Norfulc [5] 1.4 Terra Regis. Hund. de Walesham. [ D]

IN Mothetuna tres liberi homines xxxvii acras Terrae, & qua∣tuor acras & dimid. Prati, & dimid. Carucat. & valet Duos Solidos, & viii d.

In Motheton three Free-men hold thirty seven Acres of Land, and four Acres and half of Meadow, and 'tis half a Carucate, and the value of it is two Shillings eight pence, or [ E] it pays so much.

In Bastwic 1 liber homo xxx acras Terrae, & duas Acras Prati, & dimid. Carucat. & valet xvi d.

In [6] 1.5 Bastwic one Freeman hath 30 Acres of Land, and two Acres of Meadow, and 'tis half a Carucate, and is worth or pays 16 d.

In Martham [7] 1.6 Duo liberi homines, unus Gert, alter Ha∣raldi [ F] Comendatus de Quadraginta Acris Terrae, & 6. Acris Prati; Tunc 1 Caruc. post & modo dimid. Tunc & post qua∣tuor sol. modo 6 sol.

In Martham two Freemen, one the Client, or under the Protection of Gert (he was Harolds Brother) and the other of Harold, held Forty Acres of Land, and six Acres of Meadow; Then one Carucate, since and now but half a Carucate, then and afterwards it was worth four shillings, now six shillings.

[ A] In Clepesbes unus [8] 1.7 liber homo Gerti Comendatus, Tem∣pore Regis Edwardi de xx acr. Terrae et quatuor acris prati, et tres liberi homines sub Eo. xvii acr. Terrae, tres Acr. prati, semper 1 Carucat. semper valuit ii Sol. & vi. d. in Censu Ormesbei.

In Clepesby one Freeman under the Protection of Gert. in the time of King Edward, had twenty Acres of Land, and [ B] four Acres of Meadow, and three men under him had 17 Acres of Land, and three Acres of Meadow; it was al∣ways one Carucate, and always paid 2 s. 6 d. Rent to the Maner of Ormesby.

In Clepesbes 1. liber [9] 1.8 homo Regis de xx Acr. Terrae semper dimid. Car. & tres Acr. Prati, semper valet 2 s. in Wintertuna, [ C] 1 liber homo de vii acr. terrae.

In Clepesby one Freeman of the King hath twenty Acres of Land, always half a Carucate, it always paid 2 s. to the Maner of Winterton, one Freeman there had 7 Acres.

In Borstuna [1] 1.9 quatuor liberi homines Algari Tempore Regis Edwardi, Commendati tantum, de xl Acr. Terr. & 1 Bordár semper 1 Car. & iii Acr. Prati.

[ D] In Borston four Freemen who were only under the Pro∣tection of Algar in the time of King Edward, had 40 Acres of Land, and one Bordar, and three Acres of Me••dow, which were always accounted one Carucate, or there was always one Plough imployed.

In Gersinga [2] 1.10 octo liberi homines Algari Commendati tan∣tum [ E] de 60 Acr. Terr. semper quatuor Bordar. &c.

In Gersinge eight Freemen who were only under the Pro∣tection of Algar had sixty Acres of Land, there were al∣ways fo••r Bordars, &c.

And such as these were the Ordinary Freemen of this County wherever they are found in this Survey, and their [ F] Quality the same, though 'tis not to be doubted but their Condition was harder after the Conquest than before, when they changed their Patrons.

In Suffolk there were also many Freeman like these, few or no Socmen.

Sudfulc [3] 1.11 Terra Roger. Comitis, Hundrede de Colenese.

WAletunam Tenuit Normannus Tempore Regis Ed∣wardi, & modo Tenet sub Rogero Bigot, &c.

In eadem villa xviii liberi homines Commendati, Godricus fa∣ber, [ A] Edricus, Ulnotus &c. de Lxxx Acr. Terrae & subtus eos vi Bordar. semper inter eos iii Car. & 1 Acr. Prati, & valent xxx Sol. &c.

Norman held Walton in the Time of King Edward, and now holds it of Roger Bigot, &c.

In the same Town there are 18 Freemen under Protecti∣on, [ B] Godric, (probably a Smith or Carpenter) Edric and Ulnot, (and so all the 18 named in the Survey) who held Eighty Acres of Land, and had under them 6 Bordars, amongst them they had three Carucates, and one Acre of Meadow, they pay thirty shillings.

In Maistuna [4] 1.12 Tenuit Idem Normannus, T. R. E. vi libe∣ros homines Commendati de C. Acr. Edricus & Burthricus, & [ C] Wulbaldus, & Aluricus, & Almarus, & Wulricus, & 1 villan. de quatuor Acr. & quatuor Bordar. semper inter eos qua∣tuor Acr. & ii. Acr. Prat. & val. xx Sol.

In Maston the same Norman held in the time of King Ed∣ward six Freemen under his Protection who had an hundred Acres, Edric and Burthric, Wulbald, Aluric, Almar and Wul∣ric, [ D] and one Villain who had four Acres and four Bordars, who always held amongst them, four Acres and two Acres of Meadow, and 20 s.

In Burch [5] 1.13 tenuit Idem Normannus T. R. E. xvi. liberos ho∣mines Commendatos de 1. Car. Terr. & vi Bordar. pertinentes ad Waletunam, & quatuor Caruc. inter eos & ii Acr. Prat. & val. xl Sol.

In Burch the same Norman held in the Time of King [ E] Edward sixteen Freemen under his Protection (all particu∣larly named in the Survey) who had one Carucate of Land and six Bordars, belonging, appending, or regardant to the Ma∣ner of Waletun, they had four Carucates or Ploughs between them, and two Acres of Meadow, and paid xl Shillings.

In Alteinestuna [6] 1.14 duo liberi homines xi Acr. Turbinus & [ F] Ulvinus & valent xxii d. 1 Ecclesia & v Acr. * Terr. Liber. & val. xvi d.

In Altenston two Freemen held eleven Acres, Turlin and Ulvin, who paid 22 d. there was a Church and five Acres of Free Land which paid xvi d.

And so in many other Towns, there are the like Entries of one, two, three, four, or five Freemen. And at last 'tis said,

[ A] Omnes isti sunt [7] 1.15 liberi homines R. Big••t, & Normannus tenet eos de eo. All these are the Freemen of Roger Bigot, and Norman holds them of him.

Terra [8] 1.16 Hugonis de Montesorti, Hundret de Carleford.

[ B] IN Bischelea tres liberi homines in Dominio Gudmundi T.R.E. In Bischeley there were three Freemen in the time of King Edward, under the Dominion or power of Gudmund, or in his Demeasn which is all one.

In [9] 1.17 Burgo 1 liber homo comendat dimid. Sanct. E. (i. e. Etheldredae) T. R. E. & dimid. Antecessor. Roberti Malet.

In Burg there was one Freeman, half under the Protection [ C] of St. Audrey, (that is the Church of Ely) in the time of King Edward, and half under the Patronage of the Antecessor of Robert Malet.

In eadem 1 liber homo commendat dimid. Sancti. E. & di∣mid. Edrici.

In the same Town there was one Freeman, who paid half [ D] the money for his Protection, to Saint Aurdrey or the Church of Ely, and the other half to Edric.

Sudfulc [1] 1.18 Sanfort Hund. & dimid.

TEtra Regis, quam Aluricus Want Custodit: he was the Kings Prepositus or Reeve, and managed it for [ E] him.

Bercolt tenuit Heroldus T.R.E. xiii Car. Terr pro Manerio Tunc xlii. Vill. modo xliii. Tunc v. Bordar. modo xxii. tunc vi. servi modo quatuor. Tunc & post tres Car. in Dominio modo ii. Tunc xx Car. hominum, post & modo x. duodecim acr. Prati. Silv. M. porcor semper 1. Molin. semper 1. Runcin. & x. [ F] animal. & xxviii por. & Lxxxv. ov. & xxvi. Capr. Huic Manerio pertinet 1. Berwita, Sceveleia ii. Car. terr. T. R. E. Tunc x vil. post & modo vi. semper vii Bordar. Tunc iiii serv. modo ii. Tunc ii Car in Dominio post & modo 1. Tunc viii. Car. homin. post & modo * 1.19 iiii. xvi. Acr. Prati, & 1 Molin. semper 1. runcin. & iiii. animal. & vii. Por. & xxiii. ov.

Be••leiam tenuit comes Guert. T. R. E. post eam adjunit * 1.20 comes, Rud. stalra huic Manerio pro Berwita, T. R. Willielmi, pro ii carucat. Terr. tunc xix Villi modo xiiii semper tres Bord. tunc iiii. serv. tunc ii car. in Dominio post & modo 1. tunc viii. car. hom. post & modo 1. Et viii car. possunt in Dominium & * 1.21 Villanos restaurari viii Acr. Prati silv. xxii por. & viii ani∣mal. [ A] & viii por. & xlii ov. & val. vi d.

Scoteleiam tenuit comes Guert * 1.22 xii car. & dimid. & 1. acr. & val. * 1.23 ii. d. pro 1 Manerio T. R. E. Tunc xii Villani modo sex, semper ii. Bord. & Tunc iiii. serv. modo 1. Tunc 11 Car. in Dominio post & modo 1. Tunc iiii Car. hom. post & mo∣do, 1. & iiii car. possunt restaurari. & iiii acr. Prati, et 1. [ B] Runcin. et xl. ov. Huic Manerio pertinebant, T.R.E. CCx. Sockman modo non sunt nisi Cxix et habent xxii car. Terrae et dimid. xxx acr. Minus. et xlii Bord. Tunc xxix car. modo xxvii et xxiiii acr. et dimid. Prati, duae Ecclesiae de lxii acr. de his hominibus qui huic Manerio remansi sunt, non habuit Heroldus, etiam Commen∣dationem T.R.E. praeter de quatuor, Ulnod, Estmunt, Aluricus, Wistricus, & Guert frater Haroldi habuit Commendationem [ C] de Duobus Man. et Alviet. Omnes alii erant commendati aliis Ba∣ronibus, T.R.E. de uno habuit Antecessor Malet commendationem. et Robert fil Wimari iiii. et tamen semper Haroldus habebat Socam, &c.

Harold held Bercolt in the time of King Edward, and thir∣teen Carucates of Land for a Maner. Then there were forty two Villanes, now forty three. Then five Bordars, now [ D] twenty two, then six Servants, now four. Then and after∣wards three Carucates in Demeasn, now two. Then the Men or Tenents had twenty Carucates, afterwards and now ten, and 12 Acres of Meadow. Wood for 1000 Hogs, always one Mill, always one Working Horse, and ten young Cattle, and twenty eight Hogs, and eighty five Sheep, [ E] and twenty six Goats.

To this Maner belongs one * 1.24 Berwite (now I think called the Barrow or Berry) Sceveley, it was two Carucates of land in the time of King Edward, Then there was ten Villans: afterward and now six, alway seven Bordars. Then 4 Ser∣vants, now two: Then two Carucates in Demeasn, after∣wards and now one. Then the Men or Tenents held eight Ca∣rucates, [ F] afterwards and now four, and sixteen Acres of Mea∣dow, and one Mill, always one Working Horse, and four young Beasts or Oxen, and seven Hogs, and twenty three Sheep.

Earl Guert held Bentley for two Carucates of Land in the time of King Edward, afterward Earl Ralph Master of the Horse, joyned it to this Maner as a Berwite or Berry in the time of King William. Then there were nineteen Villanes upon it, now thirteen, always three Bordars. Then four [ A] Servants. Then two Carucates in Demeasn, afterwards and now one. Then the Tenents or men held viii Carucates, or had eight ploughs; afterwards and now one, and eight ploughs between the Lord, and * 1.25 Villains may be set up again, or eight Carucates renewed, they had eight Acres of Meadow, Wood to keep twelve Hogs, and forty two sheep, and paid vi d.

[ B] Earl Guert held Scotley or Shotley: There was two Caru∣cates and half of Land and 1 Acre, and it paid two * 1.26 pence for one Maner, in the Time of King Edward, Then there were xii Villans, now six. There was always two Bordars, and Then four Servants, now one. Then two Carucates in Demeasn; afterward and now one, and there may be four [ C] Carucates again, and four Acres of Meadow, and one Work∣ing Horse and forty Sheep.

To this Maner there were appendant or regardant (that is fixed to it) in the time of King Edward two Hundred and ten Socmen, now there are but one hundred and nineteen, and they have two and twenty Carucates of Land and half, wanting thirty Acres, or, and thirty Acres more or less. And [ D] forty two Bordars. Then there was Twenty nine Carucates, now twenty seven, and twenty four Acres and half of Mea∣dow, and two Churches with sixty two Acres. Of these Men or Suitors, or Tenents, which were regardant or belonged to this Maner (Qui huic Manerio * 1.27 remansi sunt.) Harold in the time of King Edward had the protection of only four, [ E] Ulnod, Estmunt, Aluric and Wistric, and Guert the Brother of Harold, had the Protection of two, Man and Alviet: All the others were protected by or under the Patronage of other Ba∣rons in the time of King Edward. The Predecessor of Ma∣let had the protection of one, and Robert the Son of Wimar had the protection of four; and yet Harold always had the Soke, or money paid for their protection, &c.

[ F]

Sudfulc [2] 1.28 Gislingham &c.

IN Gislingheham tres liberi Homines, de duobus habuit Ulve∣na Comendationem vii. Acr. et dimid. Car. et Val. xvi d. In eadem Duo liberi homines, xxvi acr; unus Comendatus [ A] Ulvenae nomine Colemanus cum vi. acr. Tunc dimid. Car. mo∣do * 1.29 nichil, et valuit iiii Sol. In eadem tenet Alviet liber homo Comendatus Alsio Nepoti comitis * 1.30 Radulfi xxx acr. pro Ma∣nerio T. R. E. Tunc 1 Car. modo nichil, et 1 acr. prati. In ea∣dem vi liberi homines Comendati Alviet, xiii acr. semper di∣mid. Car. Tunc xx sol. modo xii. In eadem Ringulfus liber [ B] homo xxx acr. pro 1 Maner. Comendat. Alsio Nepoti Comitis Radulfi. Tunc 1 Car. modo nihil. Ex hac Terra tenuit Lewinus filius Ringulfi iii Caruc. quartam partem Silvae. In eadem Quatuor liberi homines Comendati Ringulfo x acr. et dimid. Car. et iiii acr. prati, x porc. Tunc valuit xx sol. modo x. In ea∣dem Beso liber homo xvi acr. Comendatus Alsio. Tunc et [ C] post 1 Car. modo nichil, et valuit vi sol. et viii d. Ex hac Ter∣ra tenuit Antecessor Aberici de Ver. v acr. Rex et Comes de toto Socam. In eadem 1 liber homo Soribes vi acr. Comen∣datus Ulvenae, et valuit xii d. In eadem Chipinc [3] 1.31 liber homo Comendatus Ulwino Antecessori Alberici de Ver. et in soca ejus, xii Car. et adhuc tenebat 1 acr. Terrae de Dominio Ulwini, et quartam partem alterius, et modo Tenet totum Mater * 1.32 Ro∣berti, [ D] et val. ii sol. Rex et Comes de toto alio Socam.

In Cotetuna [4] 1.33 tenuit Ansgerus liber homo Comendatus Lewino de Bachetuna xxx acr. pro Maner. T. R. E. Tunc 1 Car. modo dimid. et 1 acr. prati, Silva vi Porc. et Tres liberi homines Comendat. lx acr. et dimid Car. et val. x sol. Rex et Comes Socam.

In eadem tenuit Teit Comendatus dimidius, Edrico prepositi [ E] Regis, et dimidius Comendatus Antecessori Malet viii acr. semper dimid. Car. et val. iiii sol. Soca Regis et Co∣mitis.

In parvo Thornham viii liberi homines xxviii acr. Co∣mend. Ulvenae. Tunc ii Car. modo 1 et dimid. et val. v sol.

In eadem Duo liberi homines unus eorum * fuit Co∣mendatus [ F] Ulvenae, et alter dimidius Subcomendatus Ante∣cessori Malet.

In Gislingham three Freemen, of which Ulvene * 1.34 had the Protection of two, and they seven Acres and half a Carucate and paid xvi d. in the same Town, two Free-men had twenty six Acres, one was Protected by Ulvene, by name Coleman with six Acres, Then half a Carucate * 1.35 now nothing, and it [ A] did pay 4 s. In the same Alviet a freeman under the Pro∣tection of Alsi the Nephew or Grandchild of Earl Ralph held thirty Acres for a Maner (that is a Seat or place of abode) in the time King Edward. Then it was one Carucate, now nothing, and 1 Acre of Meadow. In the same six Freemen under the Protection of * 1.36 Alviet, held xiii Acres, which were always half a Carucate. Then they paid twenty Shillings now [ B] twelve.

In the same Town Ringulf a Freeman had Thirty Acres for a Maner, he was the Client, or under the Protection of Alsi, Nephew or Grandchild to Earl Ralph. Then it was one Carucate, now nothing. Of this Land (suppose of the Town) Lewin the Son of Ringulf had iii Carucates, and the [ C] 4th part of the Wood, In the same four Freemen under the Protection of * 1.37 Ringulf, who had x Acres and half a Caru∣cate, and iv Acres of Meadow and x Hogs, Then it paid 20 s. now ten. In the same Beso a Freeman Protected by Alsi had xvi Acres. Then and afterward one Carucate, now nothing, it did pay six shillings and eight pence. Of this Land the Predecessor of Alberic de * 1.38 Ver had five Acres. [ D] The King and the Earl had the Soke of the whole.

In the same Town one Freeman called Soribes, who had vi Acres, he was under the Protection of Ulvene and paid xii d. In the same Chipinc a Freeman under the Protection of Ulwin the Predecessor of Alberic de Ver, and in the Soke of his twelve Carucates, and he held more 1 Acre, and the [ E] fourth part of another of the Lordship of Ulwin, now the Mother of Robert Malet holds the whole, and it pays 2 s. The King and Earl of all the Soke of the other (that is of Soribes.)

In Cotton Ansger a Freeman under the Protection of Lewin of Backton held thirty Acres for a Maner in the time of King [ F] Edward. Then 1 Carucate, now half a Carucate and 1 Acre of Meadow. Wood for vi Hogs. And there were three Freemen under Protection that held Sixty Acres and half a Carucate, and paid ten shillings. The King and Earl have the Soc.

In the same Teit half under the protection of Edric the * 1.39 Kings Reeve, and half under the Protection of the Pre∣decessor of Malet, held viii Acres always, half a Carucate and paid 4 s. The Soc was the Kings and Earls.

In little Thornham eight Freemen had twenty eight Acres, and were under the protection of Ulvene, then they had two [ A] Carucates▪ now one and half, and paid 5 s.

In the same, two Freemen, one of them was under the pro∣tection of Ulvene, and the other was protected, by one who was protected by the Predecessor of Malet, and was half un∣der his protection, they had xv Acres always, 1 Carucate, or always they implyed one Plough; Then it was worth 3 s. [ B] 4 d. now 5 s.

Here we see the Condition of the ordinary Freemen with∣in these three Counties, and there were more here than in all the Counties in England; And besides Owners of Towns and Lords of Manors, there were no other Land-holders or Inhabitants but these and Socmen (if these were not the same) and Villans, Bordars or Cottars, and Servants in the Country. [ C] But for greater Demonstration of Matter of Fact, I shall briefly pass through them all.

Chenth [5] 1.40 Terra Regis. In dimid. Lest de Sudtone in Ache∣stane Hund.

REx Willielmus tenet Tarentefort pro uno solino & dimid. se [ D] defendit * 1.41 Terra est xl Caruc. In Dominio sunt ii Ca∣ruc. & cxlii Villani cum x Bordar. Habent Liii Caruc. ibi sunt iii Servi & 1 Molend. &c.

King William holds Tarentfort, it is Taxed at one * 1.42 Solin and a half, there is forty Carucates of Land, in Demeasn ii Carucates and one hundred and forty two Villans with ten [ E] Bordars, they have fifty three Carucates, or perhaps rather fifty three Ploughs, with which they Ploughed their own and the Lords Lands: There are three Servants and one Mill.

Terra [6] 1.43 Archiepiscopi Cantuariensis. In Achestan Hund. [ F]

ARchiepiscopus Cantuariensis tenet in Dominio Tarent pro ii solinis se Defendit, In Dominio est una Car. & xxii Villani, cum vii Cotar. habent vii Car. Ibi vi Servi & ii Mo∣lend. de L sol.

The Arch-Bishop of Canterbury holds Tarent in Demeasn; There is in Demeasn one Carucate, and xxii Villans with se∣ven Cotars, they have seven Carucates or * 1.44 Ploughs, there are vi Servants and two Mills of 50 s. Rent.

[ A] In the whold County of Kent, in the Entries of Towns and Maners, it is very rare to find any other People than Villans, Bordars and Servants, who were all in Dominio besides the Lords and Great Possessors, Milita∣ry Men and Religious.

Sudsex [7] 1.45 Terra Archiepiscopi Cantuar. in Mellings Hund.

[ B]

ARchiepiscopus Lanfrancus Tenuit Mellinges & est in Rape de Pevensel T. R. E. defend. se pro quater xx hid. sed modo non habet Archiepiscopus nisi lxxv hidas. Quia Comes More∣tonii habet v hidas extra Hund Terra totius Maner. L Car. in Dominio sunt v Car. & CC & xix Villan. cum xxv Bord. [ C] habent * 1.46 lxxiii Car. & xliii Croftos.

Arch-Bishop Lanfranc held Mellinges, &c. in the time of King Edward it was taxed for fourscore Hides, &c. the * 1.47 Land of the whole Maner is fifty Carucates. There is in Demeasn v Car. and two Hundred nineteen Villans, with thirty five Bordars, they have seventy three Carucates or [ D] Ploughs, and forty three Crofts.

In this whole County few or no others but Villans, Bordars and Servants, and in Dominio as in Kent.

So in Sudrie, Hantescire, and the Isle of With, as in Kent and Sussex, Villans, Bordars and Servants only in Do∣minio.

[ E] So Berchescire as Sudrie, Sudsexe and Hantescire, few or no others, besides Villans, Bordars and Servants in Do∣minio, except owners of Towns, Lords of Maners, and others that held in Military Service, either in Capite, or by Mean Tenure, and Religious.

[ F] Wiltescire [8] 1.48 Terra Regis.

REx tenet Bromham Comes Haraldus Tenuit pro xx Hid. Geldavit, Terra est x Carucat. In Dominio sunt x Hid. & ibi ii Car. iiii Servi, ibi xiiii Villani, vi Bordar. & xxx Co∣zets

cum viii Caruc. sometimes Cozets is written Coscez in this County.

The King holds Bromham Earl Harald held it, and it was taxed for xx Hides, The Land or Arable Land is ten Carucates. In Demeasn x Hides, and there are two Carucates, four Servants, There are fourteen Villans, vi Bordars, and thirty Cozets, with [ A] eight Carucates: The Persons of these Men were all in De∣measn

Rex tenet [9] 1.49 Amblesberie Rex E. tenuit, nunquam * 1.50 Gel∣davit nec * 1.51 Hidata fuit. Terra est xl Caruc. In Dominio sunt xvi Car. & lv Servi & ii Coliberti, ibi quater xx et v Villani et lvi Bordar. habentes xxiii Carucat. &c.

The King possesseth Amblesberie (now Amesbury or Am∣bresbury) [ B] King Edward possessed it; it never was taxed nor cast into Hides, the Arable is forty Carucates, In Demeasn there are xvi Carucates, and fifty five Servants, and two Coli∣berts, there fourscore and five Villans, and lvi Bordars, ha∣ving twenty three Carucates.

[ C]

Terra [1] 1.52 Milonis Crispin. Wilt••scire.

RAinaldus tenet de * 1.53 Milone Hasberie. Levenot tenuit T.R.E. Gold. pro v Hidis. Terra ••st v Carucat. de ea est in Do∣minio 1 Hid. et ibi ii Car. ii Servi et v Villani et xiii Coscez et ii Cotar. cum iii Car. &c.

Rainald holds of Miles Crispin Hasberie, Levenot held it in [ D] the time of King Edward, and it was taxed for five Hides, the Arable is five Carucates, of which there is in Demeasn 1 Hide, and there are two Carucates or Plough Lands, two Servants, and five Villans and xiii Coscez, and two Cotars with three Carucates; that is, all these People had amongst them three plough Lands [ E]

In this Shire were Servants, Villans, Bordars, and often Coscez▪ in stead of Bordars, and sometimes Colliberts, few or no others, except as before excepted in Kent, &c. the Entries of all the Towns are after this manner.

[ F]

Dorsete [2] 1.54 Terra Regis.

REx tenet Dorcestre, et Fortitone, et Sutone, et Velingham et Frome, Rex E. tenuit Nescitur quod Hidae ibi, quia non [ A] Geldabat T. R. E. Terra est lvi Car. In Dominio sunt septem Car. et xx Servi, et xii Coliberti, cxiiii Villani, Quater xx et ix Bord. habentes lix Car. &c.

The King possesseth Dorchester, Fortiton (or happily now Fordington) Sutton, Velingham and Frome, King Edward held them, &c. the Arable is fifty six Carucates, in Demeasn there are seven, and twenty Servants, and twelve Coliberts, one [ B] hundred and thirteen Villans, and fourscore and nine Bordars having fifty nine Ploughs, &c. here the Carucates were large, and there was more Ploughs than Plough Lands.

In this Shire in Dominio Servants, Villans, Bordars, and sometimes Coliberts, and sometime Coscez, so all the En∣tries, [ C] no Socmen or Freemen unless very rarely, except as before excepted in other Counties.

Sumersete [3] 1.55 Terra Regis.

REx tenet Sudperet nunquam Geldabat, &c. In Dominio [ D] ii Car. & v Servi & xxii Coliberti & lxiii Villani, & xv Bordar. cum xxvi Car. &c.

The King possesseth Sudperet, &c. There are in Demeasn two Carucates, and five Servants, and xxii Coliberts, and lxiii Villans, and fifteen Bordars, with twenty six Carucates or Ploughs, &c.

[ E] In the Entries of this Shire are only to be found Villans, Bordars, Servants, Coscez, and Coliberts in Dominio, but most frequently Servants, Villans and Bordars.

In Devonshire the Entries are the same, in Dominio, Ser∣vants, Villans, Bordars, and sometimes Coscez in stead of Bordars.

[ F] In Cornwall the same Entries throughout, Bordars, Villans, Servants, scarce any others to be found.

Midelsexe [4] 1.56 Terra Comitis Rogeri.

COmes Rogerus tenet in Hermodesworde 1 Hid. Terra est 1 Car. ibi est dimid. Car. & dimid. potest fieri, Duo [ A] Villani tenent hanc Terram x sol. valuit & valet, Hanc tenuit Alwun homo Wigot, & potuit de ea facere quod voluit, modo jacet in Coleham, ibi non jacuit T. R. E.

Coleham [5] 1.57 pro viii Hid. se Defendit, Rogerus Comes te∣net, Terra vii Car. in Dominio vi Hid. & ibi sunt iii Car. Vil∣lani habent iii Car. ibi vi Villani quis{que} de 1 virgat. alii qua∣tuor de * 1.58 ii virgat. Presbyter. 1 Hid. x Bordar. Quisque de [ B] v acr. & iii Cotar. & viii Servi ibi ii Molini de lx sol. & di∣mid. Mol. de v sol. Prat. iii Car. Pastur. ad Pecuniam villae. Silva CCCC Porc. & 1 * 1.59 Arpenn. Vineae, in totis valentiis valet viii lib. Quando recepit vi lib. T. R. E. x lib. hoc Manerium Te∣nuit Wigot de Rege E.

Earl Roger holds Hermodworth for one Hide the Arable [ C] is 1 Carucate, there is half a Carucate, and there may be made another half. Two Villans hold this Arable, and pay ten Shillings Rent. Alwun the Man or Tenant of Wigot held this Land, and might do with it what he would (that is, use it as he would) now it lies to Coleham, where it lay not in the time of King Edward.

Coleham is taxed for eight Hides. Earl Roger holds it, the [ D] Arable is seven Carucates; in Demeasn there are six Hides, and there are three Carucates, (that is in Demeasn.) The Villans have three Carucates, there are six Villans, every one hath a Virgate, and there are four others that have two Vir∣gates, a Priest or the Parson hath 1 Hide; There are ten Bordars, every one holds five Acres, and three Cotars, and eight Servants, and two Mills rented at sixty one Shillings, [ E] and half a Mill at five Shillings, three Carucates of Meadow, or Meadow sufficient to provide for Cattle of three Ploughs. Pasture for the Cattle of the Town, (that is Common Pa∣sture) Wood for 400 Hogs, half an Acre, or an Acre of Vineyard. The value of all together is eight Pound, when the Earl received it 'twas six Pound, in the Time of King [ F] Edward ten Pound. Wigot held this Maner of King Ed∣ward.

All the Entries of Towns and Maners are after this Me∣thod in this County, seldom, if at all, any others to be

found than Villans, Bordars, Cotars and Servants, ex∣cept as before excepted in other Counties and Shires.

Hertfordshire was described after the same manner: In Dominio, &c. ibi sunt, &c. there are Villans, Bordars, Cotars, Servants, and now and then a Socman appears, [ A] so in all the Towns of the Shire, and not any other Per∣sons of Quality or name to be found, except as hath been said before.

Bochinghamscire [6] 1.60 Terra Regis.

[ B] EIlesberia Domicum Manerium Regis pro vi Hidis se de∣fendit, Terra est xvi Car. in Dominio sunt Duae, ibi x Villani cum xiii Bordar. habent x Car. et adhuc quatuor fieri possunt, ibi Duo Servi, et Duo Molini de xxiii sol. In totis va∣lentiis reddit lvi lib. artas et pensatas, et de Thelonio x lib. ad numerum T. R. E. reddebat xxv lib. ad numerum.

Aylesbury the Kings Maner, solely under his power, was ra∣ted [ C] or taxed at sixteen Hides, the Arable is sixteen Carucates, in Demeasn there are two, there are ten Villans, with fourteen Bordars, they have ten Carucates, and yet there may four more be made, there are two Servants, and two Mills, of twenty three Shillings Rent; Meadow sufficient for eight Ploughs, and as much more as will Rent for twenty Shillings; [ D] In the whole value it pays fifty six Pounds * 1.61 burnt and weighed; And for Tol, ten Pounds by Tale; In the time of King Edward it paid five and twenty Pounds by Tale.

So through all this Country in the Entry of every Town, none, or very rarely others to be found than Villans, Bordars, Servants.

[ E]

Glowcestrescire [7] 1.62 Terra Regis. In Dudestan Hund.

HAbuit quidam Tainus Edmarus iii Maner. Hersefell, A∣thelai, et Sanher, iste homo potuit vendere et dare Terram suam Cui voluerit, pro duabus Hidis se defendebat haec Terra, [ F] in Dominio erant viii Carucat. & iiii Villani & iiii Bordar. & xxx Servi cum v Car. ibi pratum sufficiens Carucis.

Edmar a certain Thane had three Maners, Hersefel, Atheley and Sanher, he might sell and give his Land to whom he pleased. This Land was rated at three Hides. There were in Demeasn eight Carucates, and four Villans, and four

Bordars, and thirty Servants with five Carucates: There is Meadow for the Ploughs.

Brictric fil. Algar. tenuit Turneberie ibi T.R. E. erant xi Hid. & iiii Car. in Dominio, & xlii Villani, & xviii Radchenistr. cum xxi Carucat. & xxiiii Borda. & xv Servi & iiii Coliberti, ibi Duo Molini, &c.

Brictric the Son of Algar held Turnbury, there in the Time [ A] of King Edward were e••even Hides, and four Carucates in Demeasn, and forty two Villans, and xviii Radchenistres with twenty one Carucates, and twenty four Bordars, and xv Servants, and four Coliberts, there are two Mills, &c.

In this Shire no other noted in the Entries of Towns, &c. [ B] but Villans, Bordars, Servants in Dominio, and some∣time Radchenistres.

The same manner of Entry in Glowcestre scire, none to be found but men of the Condition.

In Herefordshire * 1.63 the same Method, and the same Names and Persons, and no others. In Dominio, Vil∣lans, [ C] Bordars, Servants, and sometimes Ancillae, or Maid Servants, Cotars and Radchenistres.

In Grentebridge scire, thy same way of Entry in every Town, but that the Words in Dominio are wanting in most places, and they are found thus in every Town al∣almost. There are Villans, Bordars, Servants, Cotars, and sometime Socmen, though but seldom. [ D]

Huntedune * 1.64 and Bedeford scire * 1.65 generally in every Town are found in Dominio, only Villans, Bordars, Servants, and sometimes ibi Villans, Bordars, Servants, and now and then, some Socmen appear.

Northante scire [2] 1.66 Terra Regis. [ E]

REx tenet Chetene ibi sunt vii Hidae, Terra est xiii Car. In Dominio sunt Duae, & iii Servi, & xii Sochmani, & xxiiii Villani, & v Bordar. cum Presbytero tenentes xi Car.

The King holds Chetene: There are seven Hides, the Ara∣ble is thirteen Carucates, there are two in Demeasn, and [ F] three Servants, and xii Sochmans, and twenty four Villans, and five Bordars with a Priest, or the Parson having eleven Carucates, &c.

In this Shire the Entries are in Dominio sunt Villans, Bor∣dars, Servants most frequently, sometime Socmans, and sometimes ibi sunt, &c. Ledecestre scire as this.

[ A]

Warwic scire [3] 1.67 Terra Regis.

REX tenet Brailes, Edwinus Comes tenuit, ibi sunt xlvi Hid. Terra est lx Car. in Dominio sunt vi & xii Servi & iii Ancillae, & C Villani & xxx Bordar. cum xlvi Car. ibi [ B] Molin. de x sol. & C acr. prati Silv. iii leug. long. & ii leug. l••t. T. R. E. Reddebat xvii lib. x sol. modo val. lv lib. & xx sum∣mas Salis.

The King holds Brailes, Earl Edwin held it; there are forty six Hides, the Arable is sixty Carucates, there are six in Demeasn, and twelve Servants, and three Maid Servants, [ C] and an hundred Villans, and xxx Bordars, with forty six Carucates: There is a Mill of ten Shillings Rent, and an hundred Acres of Meadow, a Wood three Miles long, and two Miles broad. In the time of Kings Edward it yielded seventeen Pound ten Shillings, now it pays fifty five Pounds and twenty Seam of Salt.

[ D] Here in this Shire the Entries are in Dominio, Servants, Villans, Bordars; rarely, if at all, any others.

Statford-scire, as this County: In Dominio Servants, Vil∣lans, Bordars.

Sciropescire [4] 1.68 Terra Episcopi Hereford.

[ E]

EPiscopus de Hereford tenet de Rege Lideberie, & tenuit T. R. E. ibi liii Hid. Geld. In Dominio sunt iiii Car. & xxxviii Villani, & iiii Bordar. & viii Radmans cum xxviii Bordar. inter omnes habent xxiii Car. ibi duo servi et Molin. serv. Aulae. & Silv. clx Porc. incrassand.

[ F] The Bishop of Hereford holds of the King of Lidbury, and held it in the time of King Edward. There are fifty five Hides taxed, in Demeasn there are four Carucates, and thirty eight Villans, and four Bordars, and eight Radmans, with twenty eight Bordars, amongst them all they had twenty three Carucates. There are two Servants, and

one Mill which serves the Hall, and Wood sufficient to fat one hundred and sixty Hogs

The manner of Entry through this Shire was in Dominio, Servants, Villans, Bordars, Radmans.

Derby-scire: The Entries, likewise, in Dominio Servants, [ A] Villans, Bordars, & ibi sunt, &c. & habet Rex, Servants Villans, Bordars.

Snotingham scire [5] 1.69 Terra Abbatis Sancti Petri de Burgh.

IN Colingham habet Sanctus Petrus de Burgh. iv Car. Terra [ B] & dimid. Bovat. ad Geld. Ibi modo in Dominio ii Car. & xxvii Sochmani de ii Car. & iii Bovat. hujus Terrae, & viii Villani, & xx Bordar. habentes xiv Caruc.

In Colingham the Abbat of Peterburgh hath four Carucates of Land, which he Rents out: There are now in Demeasn two Carucates, and twenty seven Socmen that have two Ca∣rucates, and three Bovates of this Arable, and eight Villans, [ C] and twenty Bordars that have fourteen Carucates.

In this Shire, the Entries of the ordinary Inhabitants throughout are in Dominio Socmen, Villans, Bordars, as in Derby shire. The Socmen generally held small parcels of Land, as half a Carucate, a Bovate, &c.

Roteland scire as Snotingham-scire. [ D]

Eurvic scire.

In this [6] 1.70 Shire the Entries are generally as to Persons, in Dominio sunt Villans, Bordars, Sochmen, And habet, as Rex habet Servants, Socmen, Villans Bordars, sel∣dom [ E] any others, except as before excepted, in Kent, Sussex, Surrey, &c.

In all Counties of England, whose Land soever it was, whether it was the Kings Land, Church Land, or possessed by Earls, Barons, Knights, or other Military and Secular Men, [ F] in every Town and place these sort of Men were the * 1.71 Inha∣bitants, and those that occupied, used or managed the Land, under the Owners of the Towns, or Lords of Maners, who held of the King immediately, or mediately, as appears by this Survey, or great Record.

By which it is most evident, that most of the Lands in England were holden by Military Service, or Serjeanty, and in Villanage of those Military Tenants, and Tenants in Ser∣jeanty: For all these Persons of divers Denominations, which afterwards received other and fewer names, were but several [ A] sorts of Villans, (as will hereafter appear in the Glossary) and held their Lands by Base and Servile Tenures. There was at the time of making the Survey, no Free Socage, if there had, it would have been entred, as the Land holden in Alodio was, for Hidage-sake: Nor Frank Free, that is, Land holden without performance of any Service, such as we now [ B] call most of our Free-holds; unless some small parcels that belonged to some Parish Churches, especially in Suffolk, which is called Terra libera, or Burgage-tenure, or the Land holden in Alodio in King Edwards time, or afterwards was such, of which there is here and there a Town or Maner, a Hide or Carucate, &c. so holden in the Survey. I will give one Instance of it.

[ C]

Hantescire [7] 1.72 Tainorum Regis.

ALwi filius Saulf tenet de Rege Tederleg. Pater ejus tenuit in Alodio de Rege Edwardo, Tunc & modo Geld. pro iii Hid. Terra est iv Carucat. in Dominio sunt Duae, & ii Villani [ D] et ix Bordar. cum ii Caruc. ibi ii Molin. de xxvii sol. et vi d. et xxvi acr. prati. Silv. de xxx Porc. valuit lx sol. modo xl.

Alwi the Son of Saulf holds Tederley of the King, his Father held it as Alodium, Frank Fee, or Free-land. Then and now it was, and is taxed for three * 1.73 Hides: The Arable Land is four Carucates, there are two in Demeasn, and two Villans, and nine Bordars with other two. There are two [ E] Mills Rented at 27 s. 6 d. and twenty six Acres of Mea∣dow, Wood for thirty Hogs, it was worth sixty Shillings, now forty. This Alwi was one of the Kings ordinary Thanes or Servants, and held this Town in Serjeanty which might be consistent enough with the Tenure in Alodio, and such Lands are now reputed Free-hold, but these were not [ F] in the hands of Socmen, Villans, Bordars, Cotars, Servants, and the like.

Nor were many of them in their own hands (as we may phrase it) or in their own Power, for such as were in Domi∣nio (and in most places it was so) were the Lords proper Men, wholly under his Power and Disposal, both in Body and

Goods (except Life and Death) and were fixed to the Ma∣ner, so as they could not remove themselves out of the Pre∣cincts of it, without his leave. These sort of Men In∣gulph, in the Latin Version of King Edreds Charter to the Abbats and Monks of Croyland, calls Nativi, a word after∣wards [ A] used with us, the worst sort of Villans and Bondmen. Et praecipio quod omnes homines Fugitivi, quos iidem Monachi & Testimonium Quatuor vel quinque hominum fide-digno∣rum, coram vicecomite in Patria, in qua tales manent, possunt Assidare suos nativos esse, reducantur per eundem vicecomitem, in Abbathiam eorum cum omnibus catallis & sequelis eorum, omnium Reclamatione & Reluctatione, abinde remota & [ B] annullata. And I command that all Fugitives, which the Monks, and four or five Credible Witnesses can prove were their Natives (that is, born Bondmen) before the She∣riff of the County, where such Fugitives are, they shall be brought or sent back to the Abby with all their Goods and Children, without Let or Hinderance of any Man. This [ C] Charter bears date in the year 988, and shews the Conditi∣on of Bondmen in the Saxon Times, and hereafter we shall see what they were after the Conquest, when their names were changed, as by the Glossary will more at large appear, to which I shall refer the Reader, for the knowledge of their Condition likewise, and how many ways that might be bet∣tered and changed, shall be our next Inquiry.

These Bondmen, or People of servile Condition, might and [ D] did procure the Freedom of their Persons [9] 1.74 several ways, First, by the favour of their Lord or Patron, if he released their Bondage for him and his Heirs,* 1.75 or did give, or sell him to another to be released. But no Bondman could purchase his Liberty with his own Money, if he did, his Lord might by the Law and Custom of the Land, bring him back again [ E] into villenage, because all his Goods and Chattels were his Lords, or so in his Power, that with them he could not re∣deem himself. But if a Stranger would Purchase him with his own Money, and make him Free, then he might for ever defend his Liberty against his Lord, and plead his Release by Chart, (that is, his Deed in Writing) or by any other way [ F] the Law allowed; and Tryal by Duel was allowed in this Case after he was a Freeman, if any one that saw him made Free, would be his Champion, and come into Court and assert and prove his Liberty by his Body.

Yet [1] 1.76 such a Freedom as this was only good against his Lord, for if he was produced as a Witness in Court against a Stranger, or to wage Law, he might object against him, that he was born a Villan (that is, descended from Bond or Villan Parents) and if it were proved, he might justly be set [ A] aside, although he was made Free by Knight-Hood,* 1.77 which was a second way of redeeming Men from Servitude.

A third way was,* 1.78 [2] 1.79 if a Bondman lived quietly a year and day in any privileged Town, so as he was received into the Common * 1.80 Gild, as a Member of it; That made him Free from Villenage.

A Fourth way was by Exchange, when Base and Vile Ser∣vices [ B] were turned into Rent, and that was advanced and paid, pro omni Servicio: This put the Villan out of all Ser∣vitude, especially as to his own Person, for if the Lord had no Service to command him, but the payment of his Rent, he was free. This is co-incident with the first way, by pur∣chase and favour.

[ C] And that there were many manumitted by Grace and Fa∣vour of their Lords (conditionally at least, upon their desire to serve them in the Army) it cannot be doubted, by any man that doth consider, the Usurpations of William Rufus, and Henry the First, upon their Elder Brother Robert, and the long Civil War that attended them; The Usurpation of King Stephen upon Maud the Empress and her Son King Hen∣ry [ D] the Second, and eighteen years Wars between them, and the War and Differences between King Henry the Second, and his Son Henry: The Barons Wars in the Reigns of King John and Henry the Third: But that the Barons and Mili∣tary Men, and the Bishops and Clergy did Manumise and make Free many of their Clients, Bondmen and Villans, and [ E] did make their Tenures more easie to draw, and fix them to their Interest and Party.

Lastly, Time and Desuetude have made the most Free;* 1.81 Villenage at this day being rather antiquated and disused, than nulled and taken away by Law; for when Free-men or Customary Tenants, grew wealthy and able to stock a [ F] good parcel of Land themselves, or were of such Credit, as the Lords could trust them with their Stock, they then turn∣ed their Lands into Farms, and instead of Works and Ser∣vices, reserved Rent in Money, Corn or otherwise, and left the improvement to the Farmer, who took to his own use, what he could make more of his Farm than he paid to the

Proprietor, so that the Lords had no need or use, for so ma∣ny Customary Tenants to Plough their Lands; &c. Cotars, Ser∣vile People, and poor * 1.82 miserable Laborers as before; and they were glad to work for small Wages, little more perhaps than for Meat and Drink, rather than to be under immediate [ A] Servitude to their Lord; for it cannot be thought, though their Servitude, as to the Correction or their Bodies, and other Severities was lessened, but that still they remained in a Servile State, and that the Lords commonly turned over their Works to their Farmers, who looked better after them than they could do, and saw they laboured more, and loytered less; yet if they otherwise used them inhumanely, or made [ B] their Conditions such as might not be indured without ex∣treme misery, they had a Remedy against these by Law, which they could not have against their Lords. And in time, and by degrees they insensibly crept into more Liberty, as there was less occasion for their Services; and at length perhaps it was almost as much trouble to look after them, as their [ C] Work was worth, by which means Villenage became more and more easie, until at last it was almost worn out, and not regarded, and many small Victuals, Rents, Fowl, Capons, Hens, Eggs, &c. and small Rents in Money, Pence, Half-pence, Farthings, Half-farthings, that the poor Villans paid▪ were neglected and lost; and the Way and Manner of Living of the Nobility, Gentry and Proprietors quite altered [ D] and changed. And more within the last Hundred and fifty years than in all the time after the Conquest; For since Fo∣reign Trading, Commerce and Merchandising hath so much increased, the Delicacy, Softness, Pride and Luxury of the People have proportionably grown up with them, and were at first in a great measure brought into this Nation with them. [ E]

But all this Freedom obteined by Bondmen, or the Free∣dom of others who were born Free, and were Heirs to, or had Purchased a small parcel of Land of Socage tenure, (that is, privileged from Services,) was only personal; they were not indeed Bondmen, as to their Persons, they were Free from Servile Works and Services, or if they performed any, [ F] (as many of them did) they were known, certain and easie: They neither had, nor pretended to, for several hundreds of years, that Liberty, nor those now esteemed Priviledges, then thought Burthens, which those sort of men are possessed of, and now injoy.

For first, though their Persons, and Issue of their Bodies were Free from Servile Works, and they were not Bond∣men (which was the only and true notion of those Free∣men) in those times, yet they were not all together, (sui Juris) for as to the Government, and for the keeping of the Kings [ A] Peace, all the Freemen or People in England were Bondmen, either in their own Persons, or by their Fidejussors, and such as undertook for them, and were [3] 1.83 bound ten Masters of Families one for another, for their own keeping the Peace and Good Behaviour, as likewise for their Children, Ser∣vants and Families, except Cleres, Knights or Tenants in Milita∣ry Service, their Wives and Children, and these Men so [ B] Bound were called Free Pleges; and perhaps this Old Law is not so much out of force, but that Sheriffs in their Turns, and Lords of Maners in their Leets, may put it in practice, if there should be necessity of doing it.

Secondly, The serving on Juries, at the Assises and Ses∣sions, and that, and their Suit and Service to or in County and [ C] Hundred Courts which now is accounted a great privilege, and their Birth-rights, when they have a mind to do mischief, was in the times we Write of, esteemed a Burthen, from which all Tenants in Ancient Demeasns were Free by Te∣nure, all or most Abbies and Monasteries by Charter, and many particular [4] 1.84 Persons, as Knights and others pur∣chased [ D] of the King Charters of Exemption from being Impan∣nelled in Assises, Juries and Inquests, which they would not have done, had they not thought it a Burthen; and at first these sort of Men were forced, upon this kind of Privilege or Birth-right, as appears in the Glossary to my Introduction, &c. f. 6••.63, 64. And further, if these men had been so con∣siderable then, or there had been any numbers of such, what [ E] need was there, in these times, to summon the Lords [5] 1.85 Reeve or Baily, (who was commonly no other than one of the best sort of his [6] 1.86 Villans or Bondmen) and four Men of every Town to make answer in Pleas of the Crown in Turns, and in Pleas of the Forest with Arch-Bishops, Bishops, Earls, Ba∣rons, Knights, Free-tenants (that is, Tenants in Military Service [ F] that were not Knights) which had Lands and Tenements within the Bounds of the Forest, in the County where they summoned; I say, if these had been Men of any note, or there had been any number of them, what need other Per∣sons to have been summoned after all the Free-holders that had Lands in the Forest, &c.

Thirdly, In an [7] 1.87 Attaint brought against a Petty Jury for a false Verdict in these times, and the Fact proved and found; They were to forfeit all their Goods and Chattels, their Lands and Tenements were to be taken into the Kings Hands; Their Houses were to be Demolished, their Trees digged up by the Roots, and their Meadows ploughed up: [ A] Surely these were men of more considerable Estates, that were presumed to have Meadows and Timber, or Trees up∣on their Lands, than the ordinary Free Socagers of those times, or the Free-holders of ours, that can Swear for a Friend, that a Shed, or a House with a Chimney, worse than a Shed, and a Rod, or half an Acre of Hempland, with one [ B] Pear-tree, or Apple-tree upon it, is worth forty Shillings a year.

Having considered the Quality of our Ancient Free-men, and ordinary Free-holders; I shall consider what Liberties were contended for in these times, who contended for them, and who were capable of them, or could receive the Bene∣fit of them; And how, or in what manner they were [ C] claimed. I take it for granted, that it will not be denyed, that Magna Charta was the summ of the Liberties desired, and how that was obteined, I refer the Reader to the Reign of King John.

* 1.88The Factious Bishops and Church-men, and the Seditious and Dissolute Barons made a noise for King Edwards Laws. [ D] But what they were it is now a hard matter to know. Those put forth under his Name, with Mr. Lambards Saxon Laws, were none of his, they are an incoherent Farce and mixture, and a heap of non-sence put together by some unskilful Bi∣shop, Monk or Clerc many years after his Death, to serve the Ends and Designs of the present Time. In the 11th Law, Tit. de Danegeldo, there is the Story of Duke Roberts pawn∣ing [ E] of Normandy to his Brother Rufus toward the latter end of his Reign, when he made his Voyage into the Holy Land. In the 35th Law, Tit. de Greve, there seems to be a Reference to the Assise of Arms, made in King [8] 1.89 Henry the Second's time, in the whole Rude Mass, the words, Co∣mites, Barones, Milites, Servientes, Servi••ium, Villanus, Ca∣talla, [ F] Manutenere, and many other Norman words are to be found; All these are pregnant Arguments, they were framed after the Conquest; And of this Opinion was Sir Henry Spelman, [9] 1.90 In legibus Edwardi Confessoris, Baro saepe occurit, sed has ipsas nobis porrexit Normannus Quispiam, nam & pluri∣bus

aliis dictionibus scatent Normanicis. In the Laws of Ed∣ward the Confessor, the word Baro often occurs, but these some Norman contrived for us, for they abound with other Norman words.

There is another * 1.91 Copy of these Laws which Ingulph, says [ A] he, brought with him to his Monastery of Croyland. The or∣dinary men received not much advantage by these, unless to be severely punished for their Transgressions, and bound to servitude was a Benefit: What these Laws were, and how adapted to the Liberty of the ordinary Free-men, see my An∣swer to Argumentum Antinormanicum, f. 253, 254, 255, 256, 257, 258, 259, 260, 261.

[ B] The first direct demand of these Laws was, when Henry the First made a wheadling [1] 1.92 Speech to the Clergy and Great Men, to perswade them to consent to his usurpation upon his Brother Robert, who then told him, That if he would Confirm by his Charter the Laws and Liberties, that flourished in the King∣dom, in Holy King Edwards time, they would consent he [ C] should be King: To which he agreed; And then says the [2] Monk, he granted the Liberties under-written to be ob∣served in the Kingdom for the Exaltation of Holy Church, and the Peace of the People, which Charter is to be found in the [3] 1.93 Appendix intire and it was perfectly a Relaxation of some severities which had been here introduced into the [ D] General Feudal Law of Europe, and nothing else; and none but a Tenant in Military Service, his Widow or Children could take any advantage by it. All the Witnesses to this Charter were Great Normans, and I remit my Reader to the Tran∣slation, and what I have said of it, in the same [4] 1.94 Answer to Argumentum Antinormanicum.

[ E] This Charter Henry the Second confirmed in the first or se∣cond year of his Reign, by a Charter of his [5] 1.95 own, which being short, I will here Translate, and the rather because it shews us to what Persons he granted this Confirmation.

••Henry by the Grace of God, King of England, &c. to his Barons and Feudataries, * 1.96 French and * 1.97 English, Greeting: Know ye that to the Honour of God, and of Holy Church, [ F] I have Granted and Restored, and by this my present Char∣ter have Confirmed to God and Holy Church, and to all Earls and Barons, and to all my [6] 1.98 Vassals or [6] 1.99 Tenants, all those Customs, (that is Laws) which my Grandfather Gave and Granted to them; in like manner also those evil Customs or Laws which he Remitted and Abolished. I do

Remit and Grant they shall be Abolished for Me and my Hei••s; wherefore I will and firmly Command, that Holy Church, and all Earls and Barons, and all my Tenants may have and hold freely and quietly, well and in peace, and wholly or intirely, all those Customs and Grants, and Liber∣ties, of Me and my Heirs, to Them and their Heirs, as [ A] freely, quietly and fully in all things, as my Grandfather King Henry Gave and Granted, and by his Charter con∣firmed ••them, Witness Richard de Lacy.

Here we see none but Holy Church, the Earls and Barons, and Kings Tenants and Vassals could receive the benefit of this Confirmation or Charter, as will more evidently appear, from the considera∣tion of King John's Charter. [ B]

On the 20th of July 1213. King John was [7] 1.100 Absolved from his Excommunication, and at his Absolution he made [8] 1.101 Oath,

••He would Love, Defend, and maintain Holy Church and the Clergy against all their Adversaries, to the utmost of his Power; That he would recall the good Laws of his Ancestors, and especially those of King Edward, and [ C] abolish the wicked ones; That he would Judge all his Men or Tenants, according to the just Judgment of his ••Court.

On the 25th of [9] 1.102 August, the Arch-bishop met the Bishops, Abbats, Priors, Deans and Barons at London, at St. Pauls, where he told them, what Oath the King had taken at his [ D] Absolution, and that he had found the [1] 1.103 Charter of King Henry the First, which was read to them, and they all Sware, that upon a fair opportunity, they would strive to Death for those Liberties, and the Arch-Bishop promised his most faith∣ful Assistance to the utmost of his Power.

In September [2] 1.104 the next year the Barons met at St. Ed∣munds Bury, under pretence of Prayer and Devotion, where [ E] the Charter of King Henry the First was again produced, the same they received from Stephan Arch-Bishop of Canterbury at London, which conteined Laws and Liberties Granted by King Edward to Holy Church, and the Great Men of England, with some Addition of his own. Here they all Sware upon the great Altar, That if the King refused to Grant them those [ F] Liberties, they would make War upon him, and withdraw themselves from his Fealty, until he should by Charter sealed with his Seal Confirm all they Demanded; and they agreed, that at Christmass they would all go to the King together, to Demand the aforesaid Liberties might be Confirmed, and

in the mean time to provide themselves with Horse and Arms, that they might compel the King to make good his Oath made at his Absolution.

They kept their [3] 1.105 time, and came to the King at their time appointed, and demanded the Confirmation of the Li∣berties [ A] and Laws of King Edward, Cum aliis Libertatibus sibi, & [4] 1.106 Regno Angliae, & Ecclesiae Anglicanae concessis, with other Liberties Granted to them, the Secular and Ecclesiastic States of the Kingdom, as they were conteined in King Henry's Charter. The King desired respite until the close of Easter, That he might consider in so weighty a Matter, how to se∣cure his Crown and Dignity; and being startled at their ap∣pearance [ B] in such a manner, found Sureties, the Arch-bishop of Canterbury, the Bishop of Ely, and William Marshal, who engaged with him, that on the day prefixed he should with Reason satisfie them.

In Easter [5] 1.107 Week they met at Stanford with Horse and Arms, and had drawn into their Party almost all the Nobili∣ty [ C] of England, who made up a very great Army, in which there were numbred 2000 Knights, besides other Horse-men and Foot, the Barons that were the chief Incendiaries, were in number forty four, there named, and every one of them of Norman Extraction, under their Head Stephan Arch-Bi∣shop of Canterbury.

[ D] At that time the King was at [6] 1.108 Oxford expecting their coming: On Monday after Easter they Rendezvoused at Brackley in Northampton Shire, to whom he sent the Arch-Bishop of Canterbury, and William Marshal Earl of Pembroke, with other Wise men to know what Liberties they desired. And they delivered unto them a Schedule in Writing, which for the most part conteined the Ancient Customs of the King∣dom, [ E] Affirming, That if the King would not forthwith Grant and Confirm them under Seal, they would compel, by seising his Castles Lands and Possessions. They brought the Schedule to the King, and read to him all the Articles conteined in it, which when the King heard, he in fury asked, Why the Barons with those unjust Exactions, did not demand the [ F] Kingdom? and said they were vain things, without Founda∣tion, and affirmed by Oath he would never Grant such things as would make him a Servant or Slave.

The Arch-Bishop and William Marshal [7] 1.109 returned to them, and acquainted them with what the King had said, they immediately chose Robert Fitz-Walter their General, and

gave him the Title of the Marshal of the Army of God, and of Holy Church, and possess themselves of London by the Assistance of the Rich Citizens, and then sent Letters to the Earls, Barons or Knights, that really or seemingly adhered to the King, exhorting them with Threats, That if they would not desert the perjured King, (as they called him) and [ A] faithfully close with them in asserting their Liberties, they would proceed against them as Public Enemies, beat down their Castles, burn their Houses, and destroy their Warrens, Parks and Hortyards. Upon these Menaces most that pre∣tended to be the Kings Friends, left him, and went to Lon∣don and confederated with them. The King seeing himself [ B] thus deserted, a Day of Meeting was agreed between them for a Conference at Runemede, a Meadow between Wind∣sor and Stanes, where both Armies [8] 1.110 were drawn up, and the King seeing no probability of his prevailing by Arms, Grant∣ed the Laws and Liberties they desired, and the Witnesses to these Charters or Grants were all of Norman descent; No English Saxons amongst them. [ C]

We see all these Liberties and Laws were the Grants and Concessions of our Antient Kings, and no otherwise demand∣ed, nor other pretences made to them; and the only Security desired was, that they might be sealed with their Seals. And as Sir Henry Spelman tells us, what was [9] 1.111 determined by King and Council in that Age, and Confirmed by his Seal, [ D] had without doubt the force of Law.

This Charter of King John, as to the Main of it, and what the Barons contended for, was only a Relaxation of the Feu∣dal Military Law, and was contrived, and Granted chiefly for the ease of Military Men; such were all Barons, Knights, and considerable Free-holders at that time. This appears [ E] by the Body of the Charter it self, notwithstanding what hath been ignorantly and maliciously said to darken it, and that the Barons, who caused it to be drawn up, never intend∣ed it should be of much advantage to ordinary Free-men, or Free-holders, clearly appears by one Article at the very close of it. 1. All the foresaid Customs and Liberties which we have Granted to be holden in our Kingdom, as much as it [ F] belongs to us, toward our Men or Tenants of our Kingdom; our Clercs and Laics shall observe, as much as belongs to them toward their Men: Quantum ad nos pertinet, erga homines no∣stros tam Clerici quam Laici nostri observent erga homines suos. The Persons which are expressed by homines, in respect of

the Clergy and Laity, which could not be Subjects in general, were of the same Condition with those expressed by Homines in respect of the King, that is, Feudal, or Military Tenants, and this gives us a certainty to whom the Charter was Granted. If by homines it was intended, that ordinary Free-men, [ A] and mean Free-holders of those times were designed∣ly to receive the benefit of this Charter, yet their being homines, shews their mean Condition at least, and that they were under some sort of Servitude, and men of no great con∣sideration, nor most certainly the Governours or Rulers of the Nation. By homines in this Paragraph, we may under∣stand what the homines were, that are mentioned in King [ B] Henry the Seconds Charter of Confirmation of his Grand∣fathers Charter above mentioned. They were the same Per∣sons, his Military or Feudal Tenants, or his Men, Homines sui, and I shall here note that the Earls and Barons, by whose advice 'tis said in the Preamble, he granted this Charter, were all Normans by Descent, and several of the Bishops derived from Foreigners.

[ C] From the Magna Charta of King John we pass on to the Magna Charta of Henry the Third. The King in the 9th year of his Reign wanted [1] 1.112 Money for the Recovery of his own Rights, and the Rights of many Earls, Barons, and o∣thers beyond the Sea. The Kings Justiciary propounded in [ D] Parlement, a fifteenth part of all the Moveables, both of Church-men and Lay-men, as a sufficient sum for effecting that Affair. The Arch-Bishop, and all the Bishops, Earls and Barons, Abbats and Priors, deliberated a while, and returned their Answer to the King, That they would readily Gratifie his Request, if he would Grant to them their long desired Liberties. The King Complying with them, Charters [ E] were forthwith written and sealed with the Kings Seal, and directed into every County, and Mat. Paris [2] 1.113 says, That the Charters of both Kings, viz. John and Henry were the very same, & in Nullo dissimiles; that is, there was no Alte∣ration made in this of King Henry, from that of King John. And in the Parlement, in the 37th of Henry the Third, when [ F] Excommunication and Cursing were so solemnly pronounced against the Infringers of Magna Charta, 'tis said, The Charter which his Father King [3] 1.114 John had Granted was produced, and read before them, which the King Regranted. Also in the 47th year of his Reign, when the Differences between the King and Barons were Referred to the King of

France, 'tis said, That by his Award he damned the Provisi∣ons made at Oxford, but did not intend thereby in the least wholly to diminish [4] 1.115 King John's Charter, which was Granted to the University, that is, the Comunity of Eng∣land, Hoc excepto quod antiquae Chartae Regis Johannis Angliae, Universati concessae, per illam sententiam in Nullo inten••ebat [ A] penitus derogare. Any man would think Wendover, Paris and Rishanger, were competent Witnesses of the Identity of these Charters, being all Historiographers to the King Successive∣ly, and living in his Reign, and all Monks of the Mo∣nastery of St. Albans; where in the Archieves, they had with∣out doubt Copies of these Charters, if not the Charters [ B] themselves under Seal. They are not Entred upon Record in any Rolls in the Tower, that I could find or have seen in either of these Kings Reigns.

but certain it is, the very Charter made in this 9th year of Henry the Third, dated at Westminster on the 11th of Fe∣bruary, is upon [5] 1.116 Record by Inspeximus, and was con∣firmed by Edward the First on the 12th day of October, in [ C] the 25th year of his Reign. And that it was then made, be∣sides its being upon Record, it is very evident from the Christian Names of the Bishops, living at that time.

King Henry in the 37th of his Reign, about five Weeks after the Denuntiation of Excommunication, and a Curse a∣gainst the Infringers of this Charter, as above mentioned, de∣clares [ D] to whom he Granted it, saving to himself and his Heirs, the Rights and Dignities of his Crown, [6] 1.117 Rex vice∣com. Somerset & Dorset Salutem. Scias quod ad instantiam Pre∣latorum & Magnatum Regni nostri, Concessimus quod Mag∣na Charta nostra de Libertatibus, Praelatis & Magnatibus, ac aliis liberis hominibus regni nostri confecta, de c••tero rata & stabilis perseveret, & quod omnes Articuli in eadem Carta con∣tenti [ E] & expressi inviolabiliter observentur. Salvis nobis, & heredibus nostris, Ju••ibus & Dignitatibus Coronae nostrae, & Baronibus nostris & Magnatibus, & aliis nobis Subjectis, Li∣bertatibus, & liberis suis consuetudinibus, prius usitatis, non ex∣pressis vel concessis in Charta predicta, &c. Saving to his Ba∣rons and Great Men, and others his Subjects, their Liberties [ F] and Free-Customs they had used, not expressed and granted in this Charter. And in another Record it appears, who the Free-men were, to whom, and for whose advantage the Charter was chiefly made. [7] 1.118 Ad haec de unanimi assensu & voluntate nostra, Edwardi filii nostri, Prelatorum, Comitum,

Baronum, & Communitatis Regni nostri, concorditer Provi∣sum est, quod Chartae * 1.119 Antiquae Comunium Libertatum, & Fo∣restae Comunitati Regni nostri dudum concessae, in quarum violatores ad petitionem nostram sententia Excommunicationis dudum lata est, & per sedem Apostolicam confirmata, obser∣ventur [ A] in perpetuum. Further of the unanimous Assent and Will of Us, our Son Edward, the Prelates, Earls and Barons, and the Comunity of our Kingdom, it was Ordained, That the Antient Charters of Common Liberties, and of the Forests, long since granted to the Comunity of our Kingdom, (against the Breakers of which, at our Request, the sentence of Ex∣communication hath been pronounced, and confirmed by the [ B] Pope) should be for ever observed: Now that the Tenants in Capite or Military Tenants were the Comunity of the King∣dom, I have sufficiently evinced in the Glossary to my In∣troduction, &c. fol. 27 &c. And by, and through them, or by their means others injoyed the advantage of these Liber∣ties. For toward the close of this Charter in the Record, tis [ C] said, * 1.120 Omnes istas Consuetudines, & Libertates predictas, quas Concessimus in Regno nostro tenendas, Quant••m ad nos pertinet, erga nostros observemus; & omnes de Regno nostro tam Clerici, quam Laici observent, quantum ad se pertinet erga suos. All those Customs and Liberties aforesaid, which we have Granted to be holden in our Kingdom or Government, in what belongs to Us, we will observe toward Ours, and [ D] all of our Government or Kingdom, as well of the Clergy as Laity in what belongs to them, shall observe the same to∣wards theirs. This is the same Clause, and of the same meaning with that which hath been taken notice of toward the close of King John's Charter. And erga nostros and suos here, are of the same Import with erga Homines nostros, and [ E] erga Homines suos, there. And the very last Clause of King John's Charter of the Forest, is in the same [8] 1.121 Words and Syllables, with these of the Record here cited. And further, those words, the Omnes [9] 1.122 de Regno nostro Clerici & Laici, cannot be meant of all the People of the Nation, or every in∣dividual Free-man, or Inhabitant of the Kingdom; But of such only, who had others under them, that belonged to, and [ F] had some dependency on them, by Tenure, or otherwise. Those were the omnes, &c. here intended.

The Matter of Fact before this Confirmation was thus: Edward the First was Engaged in a War with the French and the Scots; [1] 1.123 The last of which he had subdued, and

brought their King John Prisoner to the Tower. The King of France the mean time entred Gascony with an Army, and affronted him by divers other ways and means: At his re∣turn from Scotland, the King on the morrow after All Souls, on the 3d of November,* 1.124 according to Walsingham, or on the [ A] Feast of St. Martin, on the 11th of the same, according to Mat. Westm. held a Parlement at St. Edmunds Bury, to raise Money to maintain the War against France; [2] 1.125 In qua à Ci∣vitatibus & Burgis concessa est Regi octava, à populo vero reliquo duodecima pars bonorum. In which the Citizens and Burgesses granted him an Eighth, and the rest of the Laity, (that is, the Barons and Knights of Shires) granted him a [ B] Twelfth part of their Goods. Clerus ob constitutionem Boni∣facii Papa•• hoc anno editam, quae prohibet sub poena Excommu∣nicationis, ne Talliae vel Exactiones à Clero per seculares Principes quocun{que} modo exigantur, vel eis salvantur de Rebus Ecclesiae, Regi pro Guerra sua petenti subsidium Denegavit. The Cler∣gy denied the King a Subsidy toward his War, by reason of [ C] a Constitution of Pope Boniface published this year, by which Secular Princes were prohibited to require any Taxes or Talliages of the Clergy, or they to pay any to them, upon pain of Excommunication.

But that upon Deliberation they might give the King a better Answer, he deferred this Business until the next [3] 1.126 Parlement, which was to be holden at London, on the mor∣row [ D] after St. Hilary (that is, January 14th). In the mean time, [4] 1.127 the Monk of Westminster says, the King caused the Barn-Doors of the Church-men to be locked up.

At the * 1.128 time appointed the Parlement met at London, and the Clergy persisting in their Denial of a Subsidy to the King, he put them out of his Protection, seised their Goods, and prohibited the [5] 1.129 Lawyers to Plead for them in any of his [ E] Courts. And as a Composition to be restored, many [6] 1.130 gave a Fifth part of their Goods: The King found the Arch-Bishop very stiff in this Business, and therefore seised all his Lands, and caused the Debts he ought in the Exchequer to be levied upon his Goods, for he by consent of the Cler∣gy, had procured the Inhibition, that they should not assist [ F] the King with the Church Revenues.

The King [7] 1.131 summoned all that ought him Service, and all that had twenty pound Land by the year, to meet him at London with their Horse and Arms, upon the first of August, to pass with him beyond Sea, and to receive his pay:

[8] 1.132 When they met, the King Commanded his Marshal and Constable, the Earls of Norfolk and Hereford to Inroll and Or∣der the Militia; they deny to do their Duty, and in behalf of the Comunity demand a Confirmation of their Liberties con∣teined in the Great Charter, and Charter of the Forest, and make [ A] other new Demands, that they might not be Taxed without their own Consents, &c. (which new Demands were Grant∣ed in the Statute de Tallagio non Concedendo, in the 34th of his Reign) But at that time was willing only to renew the Charters, for [8] 1.133 which he required the * 1.134 Eighth part of the Goods of the Laity, which was presently Granted by such as [ B] stood about him in his Chamber; He then received the Arch-Bishop into Favour, and Restored his Lands, and required a Subsidy of the Clergy, who answered, They would write supplicatory Letters to the Pope to give them leave to do it.

The King of France the mean while had led an Army in∣to [ C] Flanders, and wasted the Country,* 1.135 and reduced the Earl to great necessity, who sent to the King for Relief as being his Confederate. The Marshal and Constable told the King it would be no advantagious Expedition to him, and that they were not bound to that Service, however he ship∣ped himself with 1800 Horse, and a great Body of Foot, on the 23d of August to the relief of Flanders. [9] 1.136 He was no [ D] sooner gone, but the two Earls and a Troop of Barons after them, went to the Chequer and forbad those Barons to levy by the Sheriffs this Eighth part, because they had not given their Consents, without which no Tallage could be imposed upon the People, whom they had made their own, and drawn in the [1] 1.137 Citizens of London, to stand with them for [ E] their Liberties. These Tumults much affrighted the People, and amused Prince Edward, his Fathers Vice-Roy, so that by the perswasion of some of the Great Men he [2] 1.138 renewed the Charters. This was done on the 12th of October, in the 25th year of his Fathers Reign, as we have noted before, and they were signed by him at Gant in Flanders, on the Ninth of November following. Walsingham says he did it, [ F] in compliance with the wickedness of the times: In arcto [3] 1.139 pofitus cedendum Malitiae Temporis censuit. On the 15th of September the Prince issued the [4] 1.140 Writs to the Sheriffs of every County, to cause two Knights to be Elected and sent to him to London, (without any Directions to send Citizens or Burgesses) so as they should be there on the sixth of 〈2 pages missing〉〈2 pages missing〉

of Parlement; and yet no doubt, but they were made by advice of his Council. And therefore it seems, that the Parle∣ments or Great Councils of those times, owned the Kings Char∣ters under Seal, and the Grants made by them, to the Peo∣ple to be of good Force and Effect, and that their Petitions to which he gave his Assent, and caused to be put under his Seal, were by them accepted, and from time to time acknowledged as firm and valid Laws. [ A]

In the 28th year of his Reign, the King led an Army into [5] 1.141 Scotland, the Scots fled, leaving about 400 of their slain be∣hind them. The Arch-bishop of Canterbury came to the King there, and brought the Popes Command or Message to him, That the Scots having submitted themselves to his Protection, he [ B] should not presume to make War upon them any longer. Whereupon the King returned into England, and held a Parle∣ment at Lincoln eight days after Hillary. The Earls and Barons complain of the violence and injuries done every where by the Kings Ministers and Servants; And again, desired the Liberties conteined in Magna Charta, might be so confirmed, that from [ C] thence forward they might indure for ever. [6] 1.142 The King for some days was not very forward to gratifie them in their Requests, but seeing their Importunity, he told them he was ready to Grant and Ratifie what they desired, and the Charters were renewed, and sealed with the Kings Seal, and carried in∣to every County in England, and the Arch-bishop of Canterbury, with the other Bishops, denounced the Sentence of the greater [ D] Excommunication against the Violators of them; [7] 1.143 Pro hoc confirmationis effectu concesserunt Comites & Barones quintam decimam partem bonorum suorum Mobilium, &c. For this Con∣firmation the Earls and Barons gave a Fifteenth part of their Moveable Goods, as they should be at Michaelmass next com∣ing. But Robert Arch-bishop of Canterbury would grant no∣thing [ E] for the Clergy, not so much as from the Temporalties annexed to the Church, without the Popes special License; This Confirmation bears Date the 28th of March, in the year above said. This is the true History of the contention between the Norman Kings and Norman Barons from the 1st of Henry the First, to the 9th of Edward the First, just 200 years, about [ F] their Liberties comprehended in these two Charters especially, and their Pretences from them, and Expositions of them: Not one English Saxon Baron to be found, as a Witness to, or Promo∣ter of them, nor indeed scarce to any public Instrument, Char∣ter or Grant; all this time.

And to any Man that will seriously consider what these Charters were then, to wit, all of them in the main, but a Re∣laxation of the Rigor of the Feudal Law generally used in Eu∣rope, cannot believe they were any others; for the Descendents from the Normans at this very time possessed all the conside∣rable [ A] Estates in England, and it was Liberty that they pretend∣ed belonged to them, in the enjoyment of their [8] 1.144 Feudal Estates they contended for; and the Arch-bishops and Bishops always headed and managed them, and began the Dance with pretences for their Ecclesiastic Liberty, who were willing to have their Princes Favours, as to the injoyment of their Tem∣poralties or Baronies, but were not willing to own any obli∣gation [ B] or subjection to them, in respect thereof.

But Sir Edward Coke doth not care to hear of the Feudal Law, as it was in use at this time, And hath a fine fetch to play off the Great Charter, and interpret it, by his Modern Law, that was not then known, or heard of. And it hath been, and ever was, an Art of some Men, to interpret and confound New Laws by Old Practice, and Usage; and Old Laws by late Usage, and Modern [ C] Practice; When perhaps if they would endeavour to find out the History of those Laws, the Grounds and Reasons upon which they were made, there would be found no congruity between them, nor possibility of explaining one by the other; but if the words sound alike, 'tis enough. The same Sir Ed∣ward [ D] in the Epistle to his sixth Report Affirms, the Common Law of England was here (in practice 'tis to be supposed) be∣fore the Entry of the Romans, Saxons, Danes and Normans, and that it was never altered by any of them: And with Relati∣on to this Opinion he says, that Magna Charta was for the most part [9] 1.145 Declaratory of the principal Grounds of the Funda∣mental Laws of England, and for the Residue it is additional to [ E] supply some defects of the Common Law, and it was no new Declaration.

Upon this Assertion, no man can think but that he knew what the Fundamental and Common Laws of England were, before the making of this Charter, otherwise it was only a con∣jecture and he had neither Ground nor Reason for a Positive [ F] Assertion, nor could he say it was Declaratory of the Com∣mon Law▪ if he could not tell what that was. If he did know it, Eger••on Lord Chancellor, Sir Francis Gaudy Chief Justice of the Common Pleas, Fleming Chief Baron, and Williams one of the Justices of the Kings Bench did not; for in Prince [1] 1.146 Henry's Case, in Hillary Term in the Third of King

James, for the Establishing the first great Point which was argued in that Case, they all agreed, The Great Charter did cross and change divers parts of the Common Law: Now if it did cross and change the Common Law, it did not declare and confirm it; (for that's Sir Edwards meaning) n••r would a man think such a Charter could supply the defects of it. I will leave these different Opinions to those that can Reconcile them, and take notice of some of Sir Edwards particular Instances. [ A]

Magna [2] 1.147 Charta. C. vi. Haeredes autem Maritentur abs{que} Disparagatione. Heirs shall be Married without Disparage∣ment. This he says is an Ancient Maxim of the Common Law. It is most certain, That the Lords of the Fee should have the Custody, Warship and Education of the Heir within Age, was [ B] by the Constitution of the [3] 1.148 Feudal Law, especially as it was at this time practised in England, and from thence this Law was derived. The next Chapter about the Marriage of Wi∣dows was another Branch of the Feudal Law, where the true Reason is given why they could not Marry without License from the Lord of the Fee, which he never touches.

No [4] 1.149 Constable of a Castle may distrain any Knight [ C] (that is any Person who by Military Tenure was bound to Castle-Guard) to give Money for Castle-Guard, if he would do the Service in his own Person, or do it by another Stout Man, if for any reasonable cause he could not do it himself, and if the King called him into the Army, he should be free from Castle-Guard, for the time he was in the Army, and for [ D] the Fee for which he did Service in the Army.

This Chapter, or as he calls it [5] 1.150 Act, consisting of two Branches, is Declaratory of the Common Law. First, He that held by Castle-Guard might make a Deputy. Secondly, That he who by the King was called into the Army, should be free from Castle-Guard, &c. This also he says was Declaratory of the An∣tient [ E] Common Law. Yet Castle-Guard, and whatever related to it was a Constitution of the Military Feudal Law.

The next [6] 1.151 Chapter about Carriages, was a Prerogative all Princes as Chief Lords of all Fees, had over the Vassals of their Military Tenants. Nulla Carecta Dominica, &c. No Demeasn Cart (that is, a Cart in the proper use) of any Ecclesiastic Per∣son, [ F] or Knight, or any other Lord of a Maner shall be taken by our Officers, &c. They were exempt, he says, by the An∣tient [7] 1.152 Law of England. The words of the Law prove it to be Military and Feudal; They were exempt as Military Te∣nants: The words Carecta Dominica, add to the proof that it was a Military Law.

We will not hold the Lands of those Convict of [8] 1.153 Fe∣lony above a year and a day, &c. Forfeiture of Lands for Fe∣lony was Originally from the Feudal Law.

No Officer of ours [9] 1.154 shall for the future, put any man to Wage Law, &c. This Wager of Law, he says, for ought [ A] ever he had read was the peculiar Law of England. I am sure he never read the old French Law, the Salic Law, the old Feudal Law, [1] 1.155 the old German, nor indeed any anci∣ent Foreign Law, the Practice of it, and the Constitution also is frequent in all of them.

The 31 Chapter of Magna Charta concerning Military Te∣nures, Escheats, Reliefs and Services, he [2] 1.156 says, is all meer∣ly [ B] Declaratory of the Common Law, but it is a mighty mistake from his not having read or observed the Feudal Law; for if ever there were any such Law in the World, this whole Chapter is certainly only a qualified and moderate part of it.

Nor are Littletons Tenures any thing else, but a Declension [ C] and Lapse of the Rigid Feudal Law, by pact, permission, re∣mission, or favour of Lords and Patrons, or by time, into the more mild Usages of it, as they were practised in this Nation in his time, as must be confessed by any one but meanly skill∣ed in the Feudal Law.

The whole Feudal Law consisted in [3] 1.157 Customs, rather [ D] than in Written Rules, before the Constitution of Frederic the First, who was made Emperor A. D. 1151, or 1152. The Lombards had their own Customs in their Fees, the Goths, Franks and Saxons had others, all different; The Normans and Vandals had their own Customs, every one in their own Countries and Provinces had their different Customs, [ E] and therefore of necessity the Laws of Fees were va∣rious.

But Sir Edward Coke cannot own any thing of the Feudal, or any Foreign Law here, though it was really made the English Law by Use and Time: He hath a formal way of Speaking, the Law doth this, and the Law doth that; this is Law, that is by the Common Law of England, abstracting it [ F] from any dependency upon, or creation by the Government, as if it had been here, before there was any, and had grown up with the first Trees, Herbs and Grass that grew upon English Ground, and had not been of our Antient Kings and their Successors Planting, by Assistance and Advice of their Great Councils in all Ages, as it was found expedient

either by them, or upon Petition, and Request of their Peo∣ple: Which [4] 1.158 is acknowledged by all the Bishops, Earls, Ba∣rons, and People present at the Coronation of King Edward the Second in these words:

••Sir, will you Grant and Keep, and by your Oath Confirm to the People of England, [ A] the Laws and Customs granted to them by the Antient Kings of England your Predecessors, true and devout to God, and namely the Laws and Customs, and Liberties, granted to the Clergy and People, by the glorious King Edward your ••Predecessor.

In very many of the most Antient Statutes, 'tis said, The King Ordains, the King Wills, and it hath been resolved by [ B] many of the Judges [5] 1.159 That if those Statutes be entred in the Parlement Rolls, and always allowed as Acts of Parle∣ment, it shall be intended, they were by Authority of Parle∣ment. How such Entry, and such Allowance, without any Words in the Statutes to that purpose, can make them to be by Authority of Parlement, I shall not inquire; But sure I am those words, The King Ordains, the King Wills, being pro∣nounced [ C] in Parlement, and Recorded in the Rolls thereof, for the security of the People, and owned by them, do clear∣ly prove his Authority and Power in making Laws, to be far greater than many men would allow him, or have him to injoy.

If these sayings of Sir Edward Coke have respect to the Times [ D] before Magna Charta, there was not then much Law, nor much Pleading, nor many judged Cases from whence the Bulk of the Law arose, and the proceedings were short, Possession then was eleven Points of the Law, and Seisin proved the Plaintiff had Possession presently; the only trouble then and delay was sometimes allowing and casting Essoins. I will give some [ E] Examples of the course of Law then.

Rex Willielmo de Cahanniis, Salutem: [6] 1.160 Praecipio tibi, ut facias convenire Sciram de Hamtona, & Judicio ejus cognosce, Si Terra de Isham reddidit firmam Monachis Sancti Benedicti Tempore Patris mei, & si ita inventum fuerit, sit in Dominio Abbatis; si vero Teinlanda tunc fuisse invenietur, Qui eam tenet, [ F] de Abbate Teneat, & recognoscat; Quod si noluerit, eam Abbas in Dominio habeat, & vide ne clamor inde amplius at me redeat. Teste * 1.161 Willielmo Episcopo Dunelm.

The King to * 1.162 William Cahains, Greeting: I Command you, that you cause the Shire of Hamton to come together, and by the Judgment thereof, know if the Land of Isham paid Rent to the Monks of * 1.163 St. Benet, in my Fathers time, and if it shall be found so, let the Abbat have it in Demeasn, or [ A] the Possession of it; But if it shall be found to be Teinland, he that holds it, let him hold it of the Abbat, and let him ac∣knowledge to hold it so; If he will not, let the Abbat have it in Demeasn, and see that no Complaint about this Matter returns to me again.

Rex Angliae [7] 1.164 Willielmo Vice-comiti, Salutem: Mando & [ B] Praecipio Tibi ut Abbatem Ailsi facias habere Isham sicut ipse Dirationavit eam in Hamtona, & sicut Testimoniata, & jurata ad opus Sancti Benedicti. T. R. Big.

The King of England to William the Sheriff, Greeting: I Require and Command thee that thou makest Abbat Ailsi [ C] to have Isham, as he Recovered it by Proof in Northampton∣shire, and as it was Witnessed and Sworn to be to the Use of Saint Bennet. Witness Roger Bigod.

This was the whole Proceeding, after Proof by the Shire, it belonged to the Abbat, a Writ of Possession was di∣rected to the Sheriff, and then he had Seisin of the Land.

[ D]

Rex Angliae [8] 1.165 Episcopo Eliensi & Baronibus & Justiciariis & Vicecomiti & omnibus fidelibus suis Francis & Anglis de Grantebridge scira, Salutem. Sciatis quia Barnadus Abbas de Ramseia, Dirationavit in Curia sua apud Sanctum Ivonem co∣ram Justicia mea quam illuc miseram,* 1.166 Terram de Stowa & Gret∣tona, [ E] versus Paganum Peverellum, quam ipse Paganus Clama∣bat tenere de Ecclesia de Ramseia, Et Recognitum ibi fuit, quod nullum jus in Terra illa reclamare poterat, sed Remansit Terra illa Ecclesiae de Ramseia & Abbati solida, & quieta de tota calumnia Pagani & Successorum suorum; Et hoc Diratio∣namentum Warrantizo, & per Chartam meam Confirmo;* 1.167 Et [ F] ideo volo & praecipio quod Ecclesia de Ramseia & Abbas eam amodo in pace, & quiete & liberè teneat sicut Dominium Ec∣clesiae ejusdem, Ita ne ulterius ei Respondeat, nec alicui de Suc∣cessoribus suis, nec alteri qui per illum Clamet. Teste * R. E∣piscopo Sarisher. & Pagano sil. Johannis, & W. de Hoctuna A∣pud Westmonasterium.

The King of England to the Bishop of Ely, the Barons Ju∣sticiaries, Sheriff and all his Feudataries of Cambridgeshire, French and English, Greeting: Know ye that because Bar∣nard Abbat of Ramsey, hath recovered at his Court at St. Ives, before my Justice which I sent thither, the Land of [ A] Stow and Gretton against Payn Peverel, which he claimed to hold of the Church of Ramsey, and it was there found by the Jury, that he could claim no Right in that Land, and that the whole belonged to the Church and Abbat of Ramsey, free from any claim of Payn or his Successors: And this Recove∣ry I Warrant, and by my Chart Confirm; And therefore I [ B] Will and Command, That the Church of Ramsey and the Abbat, from henceforward, shall hold them peaceably, quiet∣ly and freely, as the Demeasn of the said Church, so as it shall not answer any more to him, or any of his Successors, or any Claiming by him. Witness Roger Bishop of Salisbury, and Payn Fitz-John, and William of Hoctun at West∣minster. [ C]

The King sent one of his own Justices to take the Assize or Verdict, to prevent the partiality of the Jury which might have been before the Abbat himself, or his Steward.

The like Confirmation almost was made by Queen Maud under her Seal, in another Case in the Absence of this King, [ D] 'tis supposed as Regent.

The Inhabitants of the Hundred of Peritune (now Pirton) in Oxfordshire, pretended the Maner or Hundred of Leve∣chenor, (now Lewknor) in the same County ought Suit and Service to their Hundred, and was no Hundred of it self; the Abbat of Abendon proved the contrary in the Kings Court in [ E] the Castle of Winchester; Sed quia Rex tunc in Normannia erat, Regina quae tunc praesens aderat taliter hoc sigillo suo Con∣firmavit.

Carta [9] 1.168 Reginae de Levechenora.

MAtildis Angliae Regina Roberto Episcopo Lincolniensi, [ F] & Thomae de Sancto Johanne, & omnibus Baronibus Francis & Anglis de Oxenefordscira, Salutem: Sciatis quod Faritius Abbas de Abbendona, in Curia Domini mei & mea a∣pud Wintoniam in * 1.169 Thesauro ante Rogerum Episcopum, Sales∣buriensem, & Robertum Episcopum Lincoln & Richardum

Episcopum Lundon. & Willielm. de Curceio, & Adamum de Porto, & Turstinum Capellanum, & Walterum de Glocest. & Herbertum Camerarium, & Willielmum de Oyleio & Gosfridum fil. Herberti, & Willielmum de Enesi, & Radulphum Basset & Goisfridum de Magna Villa & Goisfridum Ridel & Walte∣rum [ A] Archidiaconum de Oxeneford, & per * 1.170 Librum de The∣sauro Disracionavit quod Levecanora Manerium suum nichil omnino debet in Hundredo de Perituna facere, sed omnia quae debet facere tantumodo in Hundredo de Levecanora facere debet in quo Hundredo habet Ecclesia de Abbendona xvii Hidas. Te∣ste Rogero Episcopo Salesb. & Willielmo de Curci, & Adamo de Porto apud Winton.

[ B]

Maud Queen of England, to Robert Bishop of Lincoln, and Thomas St. John, and all the Barons of Oxfordshire French and English, Greeting: Know ye that ••aritius Abbat of A∣berdon, in the Court of my Lord, and mine, at Winchester in the Exchequer, before Roger Bishop of Salisbury, Robert Bishop of Lincoln, and Richard Bishop of London, William de [ C] Curcey, Adam de Port Turstin our Chaplan, Walter of Glocestre, Herbert the Chamberlain, William D'oyly, Geofrey Fitz Her∣bert, William de Enesi, Ralph Basset, Geofrey Magnaville, Geo∣frey Ridel, and Walter the Arch-Deacon of Oxford, proved by Domesday Book, or the Book which was kept in the [ D] Treasury of the Exchequer, That his Maner of Levecanor ought no Suit or Service to the Hundred of Peritune, but whatever it ought to do, was only to be done in the Hun∣dred of Levecnor, in which the Church of Abbendon hath se∣venteen Hides. Witness Roger Bishop of Salisbury, William de Curcey, and Adam de Port at Winchester.

In these times, and for a Century or two of years after∣wards, [ E] the Trials for Lands and Goods in the * 1.171 County, * 1.172 Hundred, and Lords Courts were very considerable, and for good Quantities of Land, and the Suitors to the Hundred and County Courts were as considerable; all Men, especially of the Laity, of what Quality soever, within the Hundred, ought their Attendance there, as appears by this Writ.

[ F]

Henricus [1] 1.173 Rex Angliae, omnibus Baronibus, & Vavaso∣ribus, & omnibus Dominis qui Terras Tenent in Well-Wapen∣tach, Salutem: Praecipio quod omnes veniatis, ad placitum, & Wapentachium Episcopi Lincoln quod de me tenet, per summoni∣tionem Ministrorum suorum; Et facietis ei omnes Rectitudines,

& consuetudines in omnibus Rebus, quas ei debetis de Terris ve∣stris ad illud VVapentachium••, ita bene & plenarie, sicut un∣quam plenius fecistis Roberto Episcopo vel alicui Antecessori suo, & quas juste facere debetis, & nisi feceritis ipse vos justiciet per pecuniam vestram donec faciatis, ne perdam pecuniam meam, quam Episcopus mihi inde reddere debet. Teste Episcopo Sarum, & G. Canc. apud Fereham. [ A]

Henry King of England, to all Barons, Vavasors, or Knights and Lords of Maners, which hold Lands in Well-Wapentach, Greeting: I Command that you all come to the * 1.174 VVapen∣tach-Court of the Bishop of Lincoln which he holds of me, at the summons of his Bailiffs, and perform to him all Services [ B] and Customs in all things, which are due to him from your Lands at that Court, so well and fully as ever ye performed them to * 1.175 Robert the Bishop, or any Antecessor of his, and which ye ought justly to do, and unless you perform them, he shall Distrein your Goods until you do it, lest I lose my Rent which the Bishop is to pay me for the VVapentach. Wit∣ness [ C] the Bishop of Salisbury, and G. the Chancellor at Fereham.

In the [2] 1.176 eighteenth year of Henry the Third, He by Ad∣vice of the Major part of the Bishops, Earls and Barons Ex∣pounded the 35th Chapter of Magna Charta, where there had been care taken about the keeping of the County Court, Turns and Leets, but not about Hundred or VVapentach [ D] Courts, and Lords Courts; In which Chapter there was a Clause, That all were to have their Liberties they had or used in the time of King Henry his Grandfather; And it having been proved before them, that Hundreds and Wa∣pentachs, and Lords Courts were then holden every Forth∣night, which was thought too often, and too great a trou∣ble [ E] to the Suitors; yet seeing the two Turns were not suffi∣cient to preserve the Peace of the Nation, nor to Correct the Injuries done to Rich and Poor, which was part of the Bu∣siness of the Hundred Courts; it was provided, that between the two Turns, Hundreds and Wapentachs, and the Courts of Great Men should be holden from three Weeks to three Weeks, where before they had been holden once in a forth∣night, [ F] so as there should not be made a General Summons to those Hundreds, Wapentachs, and Great Mens Courts, as there was to the Turns; But there should only come to them the Plaintiffs and Defendents, and those which

* 1.177 ought Suit to them, That Trials might be dispatcht, and Judgments made (which are done by the Suiters) unless in those Hundreds there ought to be Inquisition made of Pleas of the Crown, as of the Death of a Man, Treasure found, and the like, for the Inquiry to be made after them, they should [ A] come with the Suiters, all of four of the next Towns that were necessary to make such Inquisitions.

Notwithstanding this Provision, the Attendance upon these Courts, was thought a great burthen and trouble, and therefore two years afterwards [3] 1.178 it was provided and granted, That every Free-man that ought Suit to the County, Trihing, Hundred and Wapentach, or to the Court of his Lord, [ B] mighty freely make his Attorney to do those Suits for him; So that this way the Great Men made a Law to excuse their Lands and selves from this Service, and gave some small parcels of Land to some ordinary inconsiderable men to do this Drudgery for them. Land then was the price of all things, the very Houshold Servants had Land allowed them [ C] for their annual Wages.

Nor was that which is now accounted a wonderful Pri∣viledge, then thought any other than a vexation and trou∣ble, seeing many Knights and considerable Men purchased of the King Charters of Exemption from being Impannelled in Assises, Juries and Enquests, and these Exemptions were so [ D] frequent and so many, [4] 1.179 that they hindered the course of Justice, and therefore there was a Law made to force them in several Cases to serve upon Juries and Enquests; and at length when the small Barons or Tenants in Capite and Mi∣litary Men began to grow poor and beggerly, and had by Law [5] 1.180 leave to Alienate what part of their Estates they would, leaving sufficient to perform the Services which be∣longed [ E] to the Fee, they began to think of * 1.181 Representatives to save charges in going to, and Attendance at Parlements, and by several [6] 1.182 undue Practises and Laws, to force the trouble and vexation (as it was then esteemed) of serving and waiting at Assises, Sessions, and County Courts, upon Men of mean Estates, and meaner Understandings, Parts [ F] and Abilities.

These Trials for Lands before the County and Hundreds, are often to be seen in Domesday Book, and in the old Regi∣sters, Leigers, or Couchers of great Monasteries, as of Ely, Ramsey, Bury, Abendon, Glastonbury. &c. with the manner how they were recovered, the Testimony of the County or

Hundred, and by such Jurors as most frequently knew the Matter of Fact. The Great Matter of Inquiry then was, Who had been possessed, and who was possessed of the Land or Thing in Contention, for by that they most frequently judged of Right. For no Estate then passed by private [ A] Bargain only, but there were some public Circumstances and Ceremonies performed, which made the passing of E∣states from one to another very notorious, and especially those of Investiture, or as it was called when much in use, Livery or Seisin, or when the Charts and Deeds of Feoff∣ment were read and [7] 1.183 granted before the County or Hundred, and there witnessed publicly, by Thomas of such [ B] a Town, John of another, Richard of a third, Henry of a fourth, James of a fifth, (cum multis aliis) with many others, that were Suitors at those Courts, and they were then many indeed; for besides those that were Suitors by Tenure, and held Land by Performance of such Services, all others that were Resident within the County or Hundred, and capable [ C] of doing it, performed their Suit to the County or Hundred, as a [8] 1.184 Service belonging to the King, for preserving Peace and Justice.

When Estates passed thus by the Donor or Feoffor, to the Donee or Feoffee, and Livery or Delivery was made, and Seisin or Possession given in the presence of Tenants of the same Maner (or as the Feudal Law calls them Pares Curiae [ D] [a] 1.185 Peers of the same Court) or of the most Substantial Persons nearest the place, then Men were as secure of these Estates as of Copy-holds now; And therefore it was, That a Writ of Right was anciently directed to the Lord of the Maner, of which the Land was holden, to do the Demandant Right in his Court, as the most ready, secure and quick way of [ E]

Justice, for either the Tenants of the Maner knew the Pos∣session whose it was, and how obteined, whether by Descent or Donation; Or it was entred in the Lords Court Rolls, or Books from whom, and to whom Alienated for the Secu∣rity of his Free Rent and Relief, and the Lord could not [ A] lose his Court; that is, the Trial and Judgment whose E∣state it was, and whether the Demandant or Possessor had most Right to it, if he failed not in doing Justice. And in such Case it was removed to the County, and if need were, from thence to the Kings Court, or many times immediately into that.

But afterward when the Scholastic and Dilatory Method [ B] of the Caesarean and Canon Law [9] 1.186 about the years 1139, and 1145. by the incouragement of Arch-bishop Theobald, and other Bishops in the Reign of King Stephen was introduced, publickly read, and mixed with the Practice of the Feudal or National Law, with Design to over-rule and Baffle it, then all the plainness of it ceased, quick Justice was laid a∣side, [ C] and all the Inventions, Art, Delays and Subtilties of the other were introduced, by the Canonists and School-men that practised it, and became almost as Fine and Subtile, as School Divinity it self, which then and afterwards was fol∣lowed, as the best Example of Notion, Distinction, Divisi∣on, and Nicety, to all Learned Authors and Writers in every [ D] Science. This is clear from the Consideration of the Works of Glanville, and Bracton, who Wrote within an hundred years one of another; How Plain▪ Easie, Short and Open is the First; How Intricate, Involved, Subtile and Nice the Se∣cond. How much was the Bulk and Dilatory Practice of the Law, within that time increased by Art, new Suggesti∣ons and Inventions, never before thought of. The Judges [ E] were then most, if not all, either Clergy-men, or Professors of the Caesarean and Canon Law, and most frequently advanced by Ecclesiastic Preferments, and the Pleaders or Lawyers were Monks, who read in their Cells or Monasteries, and abroad out of them, and explained those Laws, until pro∣hibited by several Popes from medling with that Practice, [ F] and also Secular Affairs. I am in a large Field, but must leave it, and shall conclude this Preface with the Interpretation of some few words used in it, and one or two of them in the History.

Notes

• [2] 1.1

  Little Domesday Book which conteins only Essex, Nor∣folk, and Suf∣folk f. 1. b. T••e same Sorts of men, and of the same denomination before the Conquest, as afterward.
• [3] 1.2

  Ibidem.
• [4] 1.3

  Ibid f. 5. a. ••h••lmesfort H••nd.
• [5] 1.4

  Ibid. f. 135. b.
• [6] 1.5

  Ibidem.
• [7] 1.6

  Ibidem. Flec West Hund. The ordinary free men were under protection of great men.
• [8] 1.7

  Ibidem.
• [9] 1.8

  Ibidem.
• [1] 1.9

  Ibid. f. 130. a.
• [2] 1.10

  Ibidem.
• [3] 1.11

  Ibid. f. 339. b.
• [4] 1.12

  Ibidem.
• [5] 1.13

  Ibid. f. 340. a.
• [6] 1.14

  Ibid. f. 341. a.
• [7] 1.15

  Ibid.
• [8] 1.16

  Ibid. f. 406. b.
• [9] 1.17

  Ibid.
• [1] 1.18

  Ibid. f. 287. a.
• * 1.19

  Because they lay waste, or they had not Tenant, could set up so ma∣ny Ploughs
• * 1.20

  Ralph de Guader whose Story is to be found in the Life of Wil∣liam the 1st.
• * 1.21

  Nota. Quia Villani.
• * 1.22

  They were two Carucates and half in Edward the Co••fessors
• * 1.23

  time, but at the time of the Survey lay Wast, and worth but two pence.
• * 1.24

  A Hamlet or member of a Maner.
• * 1.25

  Note who Villains.
• * 1.26

  Probably it lay Wast.
• * 1.27

  Remanentes & pertinentes are always ta∣ken in the same sense▪
• [2] 1.28

  Ibid. f. 322. a.
• * 1.29

  It was waste.
• * 1.30

  Ralph de Guarder, sometime Earl of Nor∣folk and Suf∣folk or the East Angles under the Conqueror, and a Rebel against him.
• [3] 1.31

  Ibid. b.
• * 1.32

  Robert Ma∣let.
• [4] 1.33

  Ibid.
• * 1.34

  In the time of King Ed∣ward.
• * 1.35

  Before the Conquest it was half a Carucate, af∣ter it lay wast
• * 1.36

  These were Subcomendats, being under the protection of one that was protected himself.
• * 1.37

  These were also Subcom∣mendats, who were protect∣ed at the se∣cond hand.
• * 1.38

  He was An∣cestor of the Earls of Ox∣ford.
• * 1.39

  Praep••situs Regis.
• [5] 1.40

  Great Domesday Book, f. 2. b. col. 1.
• * 1.41

  That is Arable, which is always call∣ed Terra in this Survey.
• * 1.42

  Probably from the Sax∣on word Sulk a Plough, but what quanti∣ty of Land a Solin, Swol∣ling or Sul∣ling contein∣ed, I cannot find.
• [6] 1.43

  Ibid. f. 3 a. Col. ••.
• * 1.44

  I am apt to think that this abbreviation Car. or Ca∣ruc. when it follows Vil∣leni or Borda∣rii oft signifi••s the number of Ploughs they kept, and not the Land, or quantity of it.
• [7] 1.45

  Ibid. f. 1••. a. Col. ••.
• * 1.46

  Here •• should think Car. signifies Ploughs, and not the quan∣tity of Land, the quantity of Carucates differed, some times a Caru∣cate might be so large as one Plough could not Till, and sometimes so small as one Plough might Till two.
• * 1.47

  That is the Arable Land which is al∣ways in this Survey called simply Terra.
• [8] 1.48

  Ibi••. fol. 6••. a. Col. ••.
• [9] 1.49

  f. 64. b. Col. 2.
• * 1.50

  In Ca•• in the same fol. and Col. thus, Cauna nun∣quam Gelda∣vit, ergo ne∣scitur quot hidae sunt ibi.
• * 1.51

  In Ca•• in the same fol. and Col. thus, Cauna nun∣quam Gelda∣vit, ergo ne∣scitur quot hidae sunt ibi.
• [1] 1.52

  ••. 71. ••. Col. 2.
• * 1.53

  Here Milo was the Te∣nant in Ca∣p••▪ and Rai∣nald the Lord of the Manor, or Town who held of him.
• [2] 1.54

  Ibid. f. 75. a. Col. 2.
• [3] 1.55

  Ibid. f. 86. a. Col. 1.
• [4] 1.56

  Ibid. f. 129. a. Col. ••.
• [5] 1.57

  Ibid.
• * 1.58

  Every one half a Vir∣gate.
• * 1.59

  Arpennis, sometime is half an Acre, sometime an Acre, and the Measure dif∣fered accord∣ing to the di∣versity of Countries.
• [6] 1.60

  Ibid. f. 43. a Col. 1.
• * 1.61

  There was always in those times a fire ready in the Exche∣quer, and if they liked not the Allay of the Money they burnt it, and then weighed it.
• [7] 1.62

  Ibid. f. 162. a. Col. 2.
• * 1.63

  Ibid. f. 79. b. Col. 1.
• * 1.64

  Ibid. f. ••03. b. Col. 1.
• * 1.65

  f. 209. a. Col. 2.
• [2] 1.66

  Ibid. f. ••19. a. Col. 2.
• [3] 1.67

  Ibid. f. 238. b. Col. 2.
• [4] 1.68

  Ibid. f. 252. a. Col. 2.
• [5] 1.69

  Ibid. f. 284. a. Col. 2.
• [6] 1.70

  See Domesday for this Title.
• * 1.71

  Note, That whereas 'tis said in the Glossary, to my Introdu∣ction, &c. That in every Leaf, and al∣most every Entry upon that Leaf in Domesday, Socmen and Freemen were to be found, it proves a mi∣stake, for upon a second and third perusal, of the great Book, especi∣ally the Per∣sons and In∣habitants of Towns and Villages, were such as I have here noted in every County.
• [7] 1.72

  Dom••s∣day, f. 50. a. Col. 1.
• * 1.73

  Alodium al∣ways paid Hi∣dage as other Land. See Alodium in in the Glossa∣ry to my In∣troduction, f. 1.
• [9] 1.74

  Glanvil. lib. 5 c. 5.
• * 1.75

  The first of obteining Freedom.
• [1] 1.76

  Ibid.
• * 1.77

  The second way of being made Free.
• * 1.78

  The third way.
• [2] 1.79

  Ibid.
• * 1.80

  That is, was either Alder∣man, of Com∣mon-Council-Man, for the Magistrates and chief Ci∣tizens were properly the Gild or Cor∣poration, and transacted the the Affairs of Corporation. The fourth way.
• * 1.81

  The last way.
• * 1.82

  The Labou∣••ers in our ••imes are Gentlemen in ••espect of ••hose wretch∣••d People.
• [3] 1.83

  LL. E∣the••red in Lambard. c. 1. Magna Charta. c. 35. Bracton. p. 124. b. Bri∣ton. c. 29. p 72. b. & p 73. b. The Glossary to my Intro∣duction, &c. f. 55. F. and f. 56. through∣out.
• [4] 1.84

  Stat. of Malebourh. c. 4.52. Hen. 3.
• [5] 1.85

  See the Glossary to my Introdu∣ction. f. 57. B. &c.
• [6] 1.86

  See the Glossary here, in the word Praepositus or Reeve.
• [7] 1.87

  Coke •• ••stitut. f. ••94 b.
• * 1.88

  King•• Ed∣wards Law.
• [8] 1.89

  Hoved. f. 350. a. n. 30.
• [9] 1.90

  Glossar. f. 68. Col. 1.
• * 1.91

  Sir Ed. Coke says, William the Conque∣ror composed the summ of these into a Magna Charta, which was the Ground. Work of all those that fol∣lowed. Pre∣face to his 8. Report.
• [1] 1.92

  Mat. Pa∣ris, f. 55. n. 20.
• [3] 1.93

  N. 102▪ fol. 119.
• [4] 1.94

  F. 265, 266, 267, 268, 269.
• [5] 1.95

  Append. n. 40. and fol. 40. which see.
• * 1.96

  See Angli, Anglici, in the Glossary to my Introdu∣ction, &c. And Feudarii and Fideles there.
• * 1.97

  See Angli, Anglici, in the Glossary to my Introdu∣ction, &c. And Feudarii and Fideles there.
• [6] 1.98

  See there, f. 66. lin. 1.
• [6] 1.99

  See there, f. 66. lin. 1.
• [7] 1.100

  Reign of King John, f. 486. F.
• [8] 1.101

  Ibid. 48. A.
• [9] 1.102

  Ibid. f. 488. B. C. D.
• [1] 1.103

  'Tis there recited, and is the same as in the Appen∣dix above.
• [2] 1.104

  Ibid. f. 494. A. B. C.
• [3] 1.105

  Ibid. fo. 494. D, E.
• [4] 1.106

  Regno & Ecclesiae, the same with Regno & Sa∣cerdotio.
• [5] 1.107

  Ibid. f. 495. A.B. C.D.
• [6] 1.108

  Ibid. E. F.
• [7] 1.109

  Ibid. f. 496. A.B.C.D. &c.
• [8] 1.110

  Ibid. f. 497. A. B.
• [9] 1.111

  Glossar. f. •• 326. Col. 1.
• [1] 1.112

  Reign of Hen. 3. f. 535. A.
• [2] 1.113

  Fol. 321. lin. 27, 28.
• [3] 1.114

  Ibid. f. 867. n. 10.
• [4] 1.115

  Ibid. f. ••92. n. 10.
• [5] 1.116

  Rot. Stat. ••. 1.2, 3. m. 40.
• [6] 1.117

  Claus. 37 H. 3 m. 9. Dors. De Magna Charta tenen∣da.
• [7] 1.118

  Cart. 49 He••. 3. m. 4.
• * 1.119

  So called in respect of Ox∣ford Provisi∣ons, which were made in the 42 d of his Reign, and the Ordinan∣ces made in the 48th of his Reign, in the Month of June at Lon∣don, referred to the begin∣ning of this Charter.
• * 1.120

  Rot. Stat. ••. 1.2, 3. m. 40.
• [8] 1.121

  Append. f. ••4••. A.
• [9] 1.122

  See the Glossary to my Introdu∣ction, &c. f. 64, 65.
• [1] 1.123

  Walsingh. f 68. n. 40. Mat. Westm. f. 428. n. 30.
• * 1.124

  A. D. 1196. 24 Ed. 1.
• [2] 1.125

  Walsingh. ut supra, and n. 50.
• [3] 1.126

  Ibid.
• [4] 1.127

  Ʋt supra.
• * 1.128

  25th Ed. 1.
• [5] 1.129

  Ibid. f. 429. n. 30.
• [6] 1.130

  Walsingh. f. 69. n. 30.
• [7] 1.131

  Ibid. f. 69 n. 50.
• [8] 1.132

  Mat. West•• s. ••30. n. 40, 50.
• [8] 1.133

  Mat. West•• s. ••30. n. 40, 50.
• * 1.134

  Which had been granted th•• last year at Bury.
• * 1.135

  A. D. 1297. 25 Ed. 1.
• [9] 1.136

  Ibid.
• [1] 1.137

  Walsing∣ham, f. 72. n. 40.
• [2] 1.138

  Mat. Westm. f. 431. lin 7.
• [3] 1.139

  f. 74. n. 4.
• [4] 1.140

  Append. n.
• [5] 1.141

  Mat. Westm. f. 433. n. 30.
• [6] 1.142

  Ibid. f. n. 40.
• [7] 1.143

  Ibid. f. n. 50.
• [8] 1.144

  See what is said of Feudal Law. Feudal Te∣nure, &c. in the Glossary, to my Intro∣duction, &c. f. 39. E. &c. and compare it with the main Articles in Magna Charta.
• [9] 1.145

  Proeme to 2d. Institut. f. 2. And see 2d. Instit. f. 3. lin. 3.
• [1] 1.146

  Cokes 8th. Report. Case the fi••st.
• [2] 1.147

  Second. Instit. f. 15.
• [3] 1.148

  See Feu∣dal Law, &c. in the Glossary to my Intro∣duction, f. 39. E &c.
• [4] 1.149

  Mag. Cart. C. ••0.
• [5] 1.150

  2 Institut. f. 34.
• [6] 1.151

  Mag. Char. C.xxi.
• [7] 1.152

  2 Instit. •• 35.
• [8] 1.153

  Mag. Chart. c. 22.
• [9] 1.154

  Ibid. c. 28.
• [1] 1.155

  See my Saxon Histo∣ry.
• [2] 1.156

  Second Institut. f. 64.
• [3] 1.157

  Hottom. de Feud. Di∣sput. Col. 871. C. D. E.
• [4] 1.158

  Claus. 1. E. 2. m. 10. Dors.
• [5] 1.159

  Cokes 8 Report. f. 20. b.
• [6] 1.160

  From the Original in the hands of Sir Tho. Hare Baronet. This was in the time of William Ru∣fus.
• * 1.161

  He was con∣secrated A. D. 1081 and died 1096.
• * 1.162

  He was She∣riff.
• * 1.163

  That is, of Ramsey.
• [7] 1.164

  Ibidem.
• [8] 1.165

  The Ori∣ginal in the Custody of Sir Tho. Hare Baronet.
• * 1.166

  In the time of Hen. 1st.
• * 1.167

  Roger Bishop of Salisbury was Elected 110••. and Consecrated 1107. and was Bishop 39 years, and Justiciary of England many years in his time.
• [9] 1.168

  Registrum Magnum de Abbendon in Bibloth. Cot∣ton Claudius. B. 2.
• * 1.169

  In the Ex∣chequer or Treasury there, which was then in Winchster Castle.
• * 1.170

  Domesday Book kept in the Treasury of the Exche∣quer.
• * 1.171

  See the old Registers, Leigers, Cou∣chers and Hi∣stories of the Great Mona∣steries, Ely, Bury, Ramsey, Abendon, &c.
• * 1.172

  See the old Registers, Leigers, Cou∣chers and Hi∣stories of the Great Mona∣steries, Ely, Bury, Ramsey, Abendon, &c.
• [1] 1.173

  Monast. Angl Vol. 3. f. 262. Col. 2. n. 50.
• * 1.174

  The same with an Hun∣dred.
• * 1.175

  Robert Bloet who died, Jan. 10. A. D. 1122 Alexan∣der succeeded him, and was consecrated, A. D. 1123. Jul. 22.23 Hen. 1.
• [2] 1.176

  Append. n. 34.
• * 1.177

  By their Te∣nures, and held Lands by doing Su••t and Service at those Courts.
• [3] 1.178

  Stat. of Merton. c. 10.
• [4] 1.179

  Stat. of Marlebridge, c. 14.
• [5] 1.180

  Magn. Chart. c. 32.
• * 1.181

  History, f. 6••7. A. B.
• [6] 1.182

  See Glos∣sary to my Introduction, &c. ••. 62. c. &c.
• [7] 1.183

  Bra••ton, p. 38. a. n. 12.
• [8] 1.184

  Ibid. p. 37. a. n. 8.
• [a] 1.185

  Sir Edward Coke in the Epistle to his Eighth Report, says, Trial by Juries is an Invin∣cible Argument of the Antiquity of the Common Law, to which they are appropriated: But if we received the Trial by Juries, or Pares Curiae, with the Feudal Law, we have greater Reason to say, the Common Law was either derived from that, or received this way of trial from it. Li•• inter Duos Vasallos per Dominum, inter Vasallum & Dominum per Curiam Parium, Disceptanda est, per Pares Coram Dominum Jura••os. A Controversie between two Vassals, is to be determined by the Lord, by Peers Sworn before him, between the Lord and a Vassal by the Court of Peers. Hottom. in lib. 2. Feud. Col. 757. E. Vasallus ob qùodvis Capitale facinus Feudo [ F] Mulctatur. Sic tamen ut causa priùs Disceptetur Parium Judicio. Idem de Feud. Discu••. Col. 886. B. Statuimus ut nullus Miles sine certa & convicta Culpa suum Beneficium perdat, nisi secundum Con∣suetudinem Antecessorum nostrorum, & Judicium Parium suorum. Ll. Longobard. lib. 3. Tit. 8. l. 4. He that desires to know more of the Affinity between our Antient Law and the Feudal Law, let him read Dr. Zouch his Description of the Temporal Law and Judgment according to the Feudal and Norman Customs, and in particular for Trials by Juries, &c. Section the Fifth, of the third part.
• [9] 1.186

  Flor. Wi∣gorn. f. 671. Orderic. Vit. f. 919. B. Gervas. Act. Pont. Cant. Col. 1665. n. 30.