The reverse or back-face of the English Janus to-wit, all that is met with in story concerning the common and statute-law of English Britanny, from the first memoirs of the two nations, to the decease of King Henry II. set down and tackt together succinctly by way of narrative : designed, devoted and dedicated to the most illustrious the Earl of Salisbury / written in Latin by John Selden ... ; and rendred into English by Redman Westcot, Gent.

CHAP. VI.

Henry the First why called Beauclerk. His Letters of Repeal. An Order for the Relief of Lands. What a Hereot was. Of the Marriage of the Kings Homagers Daughter, &c. Of an Orphans Marriage. Of the Widows Dowry. Of other Homagers the like. Coynage-money remitted. Of the disposal of Estates. The Goods of those that dye Intestate, now and long since, in the Churches Jurisdiction; as also the business of Wills. Of Forfeitures. Of Misdemeanors. Of Forests. Of the Fee de Hanberk. King Edward's Law restored.

WIlliam, who had by direful Fates been shewn to the World, was followed by his Brother Henry, who for his singular Learning, which was to him instead of a Royal Name, was called Beau-clerk. He took care of the Common-wealth, by amending and making good what had slipt far aside from the bounds of Justice, and by softning with wholsome remedies those new unheard of, and most grievous injuries, which Ralph afterwards Bishop of Durham (being Lord Chief Justice of the whole Kingdom) plagued the people with. He sends Letters of Repeal to the High Sheriffs, to the intent, that the Citizens and people might enjoy their liberty and free rights again. See here a Copy of them, as they are set down in Matthew Paris.

HENRY by the Grace of God King of England, to Hugh of Bock∣land, High Sheriff, and to all his Liege people, as well French as English in Herefordshire, Greeting. Know ye, that I through the mercy of God, and by the common advice of the Barons of the Kingdom of England have been crowned King. And because the Kingdom was opprest with unjust exactions, I out of regard to God, and that love which I bear towards you all, do make the holy Church of God free, so that I will neither sell it, nor will I put it to farm, nor upon the death of Arch-Bishop, or Bishop, or Abbot, will I take any thing of the domain of the Church, or of the men thereof, till a Successor enter upon it. And all evil Customs, wherewith the Kingdom of England was unjustly oppressed, I do henceforward take away; which evil usages I do here in part set down.

18.

If any one of my Barons, Counts or others that hold of me, shall dye, his Heir shall not redeem his Land, as he was wont to do in the time of my Father, but relieve it with a lawful and due relief. In like manner also shall the Homagers or Tenants of my Barons relieve their Lands from their Lords with a lawful and just relief.* 1.1 It appears, that in the times of the Saxons a Hereot was paid to the Lord at a Tenants death, upon the account of provision for War (for here in Saxon sig∣nifies an Army:) and that which in our memory now in French is called a Relief (Henry of Bracton sayes, 'tis an engagement to re∣cognize the Lord) doth bear a resemblance of the ancient Hereot. Thereupon it is a guess, saith William Lambard, that the Normans being

Conquerors, did remit the Hereot to the Angles whom they had con∣quered and stripped of all kind of Armour, and that for it they ex∣acted money of the poor wretches.

To this agrees that which is men∣tioned in the State of England concerning the Nobles of Berkshire.

A Tain or Knight of the Kings holding of him, did at his death for a Relief part with all his Arms to the King, and one Horse with a Saddle and another without a Saddle. And if he had Hounds or Hawks, they were presented to the King, that if he pleased he might take them. And in an ancient Sanction of Conrade the First,* 1.2 Emperour of Germany, If a Souldier that is Tenant or Lessee happen to dye, let his Heir have the Fee, so that he observe the use of the greater Vavasors, in giving his Horses and Arms to the Seniors or Lords.

John Mariana takes notice, that the word Seniors in the Vular Languages, Spanish, Italian and French, signifies Lords, and that to have been in use from the time of Charlemain's Reign. But these things you may have in more plenty from the Feudists, those who write concerning Tenures.

19. If any of my Barons or other men (Homagers or Tenants) of mine (I return to King Henry's Charter) shall have a mind to give his Daughter, or Sister, or Niece, or Kinswoman in marriage, let him speak with me about it. But neither will I take any thing of his for this leave and licence, nor will I hinder him from betrothing her, ex∣cept he shall have a design of giving her to an enemy of mine.

20. If upon the death of a Baron, or any other Homager of mine, there be left a Daughter that is an Heiress, I will bestow her with the advice of my Barons together with her Land.

21. If upon the death of the Husband, his Wife be left without Chil∣dren, she shall have her Dowry and right of Marriage, as long as she shall keep her body according to Law; and I will not bestow her, but according to her own liking. And if there be Children, either the Wife, or some one else near of kin shall be their Guardian and Trustee of their Land, who ought to be just.

22. I give order, that my Homagers do in like manner regulate themselves towards the Sons and Daughters and Wives of their Homagers.

23. The common Duty of Money or Coinage, which was taken through all Cities and Counties, which was not in the time of King Edward, I do utterly forbid that henceforward this be no more done.

24. If any one of my Barons or Homagers shall be sick and weak, according as he himself shall give or order any one to give his money, I grant it so to be given; but if he himself being prevented either by Arms or by Sickness, hath neither given his money, nor disposed of it to give, then let his Wife, or Children, or Parents, and his lawful Homagers for his souls health divide it, as to them shall seem best.

And in Canutus his Laws,* 1.3

Let the Lord or Owner at his own discretion make a just distribution of what he hath to his Wife and Children and the next of kin.

But at this time, and long since, Church-men have been as it were the Distributors and Awarders of the Goods of such per∣sons

as dye Intestate, or without making their Wills, and every Bishop as Ordinary in his own Diocess, is the chief Judge in these cases.

John Stratford Arch-Bishop of Canterbury saith it,* 1.4 and it is averred in the Records of our Law, that this Jurisdiction also concerning Wills, was of old long time ago in an ancient Constitution, intrusted to the Church by the consent of the King and Peers. However, in what Kings time this was done, neither does he relate, nor do I any where find,* 1.5 as William Lindwood in his Provincial acknowledgeth. It is a thing very well known, that after Tryal of right, Wills were wont to be opened in the Ecclesiastical Court even in the Reign of Henry the Second (Ralph Glanvill is my witness) contrary to what order was taken in the Imperial Decrees of the Romans. And peradventure it will appear so to have been before Glanvill, as he will tell you, if you go to him; although you have, quoted by my self some where, a Royal Rescript or Order to a High Sheriff,

That he do justly and without delay cause to stand (i. e. appoint and confirm) a reasonable share to such an one;

that is, that the Legatee may obtain and enjoy his right, what was be∣quested to him by the Sheriffs help. I come back now to my track again.

25. If any one of my Barons or Homagers shall make a forfeit, he shall not give a pawn in the scarcity of his money, as he did in the time of my Brother or my Father, but according to the quality of his forfei∣ture: nor shall he make amends, as he would have done heretofore in my Brothers or Fathers time.

26. If he shall be convicted of perfidiousness or of foul misdemea∣nors, as his fault shall be, so let him make amends.

27. The Forests by the common advice of my Barons, I have kept in mine own hand, in the same manner as my Father had them.

28. To those Souldiers or Knights who hold and maintain their Lands by Coats of Male (that is,* 1.6 per fee de Hauberke, that they may be ready to attend their Lords with Habergeons or Coats of Male com∣pleatly armed Cap a pee) I grant the Plough-lands of their Domainsac∣quitted from all Gelds, and from every proper Gift of mine, that, as they are eased from so great a Charge and Grievance, so they may furnish themselves well with Horse and Arms, that they may be fit and ready for my service, and for the defence of my Realm.

29. I restore unto you the Law of King Edward, with other amend∣ments, wherewith my Father amended it.

Those amendments are put forth by Lambard. Hitherto out of those Royal and general Letters, directed to all the Subjects.

Notes

• * 1.1

  Canut. leg. cap. 69. & Ed. Confess. Bracton. lib. 2. cap. 35. 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 in Novell. Lev. 13. Ho∣toman. in ver∣bo Fe••dal. Releu.
• * 1.2

  Carol. Sigon. de reg. Ital. lib. 8. V. Hocom. comm. ad 3. lib. Feud. Mariana hist. Hispan. lib. 5. cap. 11.
• * 1.3

  Canut. cap. 68
• * 1.4

  •• Rich. 3. tit. Testament. 4.
• * 1.5

  Lind provin. ••••nstit. de te∣sta••••. c. Sta••u∣tum & de ••u∣mum. Eccles. c. Accidit. verb. Abolim. Glanvil. l. 7. c. 8. C. de testam. L Consulta di∣valia.
• * 1.6

  Hotom. Feud. Haubertic. in Diction.