Tracts written by John Selden of the Inner-Temple, Esquire ; the first entituled, Jani Anglorvm facies altera, rendred into English, with large notes thereupon, by Redman Westcot, Gent. ; the second, England's epinomis ; the third, Of the original of ecclesiastical jurisdictions of testaments ; the fourth, Of the disposition or administration of intestates goods ; the three last never before extant.

CHAP. XXV.

The Royal Consorts great Priviledge of Granting. Felons Estates forfeited to the King. Estates granted by the King with three Exceptions of Expedition, Bridge, and Castle. The Ceremony of the Kings presenting a Turf at the Altar of that Church, to which he gave Land. Such a Grant of King Ethelbald com∣prized in old Verse.

THe Donations or Grants of the Royal Consort, though not by the Kings Authority, contrary to what the Priviledge of any other Wife is, were ratified also in that Age, as they were by the Roman Law: Which by the Patent of Aethelswith,* 1.1 Wife to Burghred King of the Mer∣cians, granted to Cuthwuls in the year 868. hath been long since made out by Sir Edward Coke, Lord Chief Justice of the Common Pleas: Where also King Ethelred's ancient Charter proves, that the Estates of Felons (those I mean who concern themselves in Burglaries and Robberies) are forfeited to the King.* 1.2

Having already mentioned those Hand-writings or Grants, which are from one hand and t'other, conveyances of Tenure (the fewel of quar∣rels) I have a mind, over and above what has been said, to set down also these Remarks, as being to our purpose; and taken from the Saxons. As for instance, that those are most frequent whereby Estates are convey∣ed to be held with the best and fairest right; yet most commonly these three things excepted, to wit, Expedition, Repairing of Bridges, and Building of Castles: And that those to whom the Grants were made, were very seldom acquitted upon this account. These three exceptions are noted by the term of a three-knotted necessity in an old Charter, where∣in King Cedwalla granted to Wilfrid (the first Bishop of Shelsey in Sussex) the Village of Paganham in the said County.* 1.3

For though in the Grants of King Ethelulph the Church be free (says Ingulph) and there be a con∣cession of all things for the release of our Souls,* 1.4 and pardon of our sins to serve God alone without Expedition, and building of Bridge, and fortifying of Castle; to the intent that the Clergy might wholly attend Divine Service:

Yet in that publick debate of Parliament, in the Reign of Henry the third, concerning the ancient State, Freedom, and Govern∣ment of the English Church; and concerning the hourly exactions of the Pope and the Leeches, Jugglers and Decoys of Rome, that strolled up and down the Country to pick Peoples Pockets, to the great prejudice of the Common-wealth; they did indeed stand for the priviledge of the Church, and produced as Witnesses thereof the Instruments and Grants of Kings; who nevertheless were not so much inclined to countenance that liberty of the Church, but that, as Matthew Paris observes,* 1.5

They always re∣served

to themselves for the publick advantage of the Kingdom, three things; to wit, Expedition, and the repairing or making up of Bridge or Castle; that by them they might withstand the incursions of the Enemy.* 1.6 And King Ethelbald hath this form: I grant that all the Monasteries and Churches of my Kingdom be discharged from pub∣lick Customs or Taxes, Works or Services, and Burdens or Pay∣ments or Attendances, unless it be the building and repairing of Ca∣stles or Bridges, which cannot be released to any one.

I take no notice how King Ethelred the twelfth perhaps (but by no means the fifteenth,* 1.7 wherein an Historian of ours has blundred) hath signed the third year of his Reign by the term of an Olympiad, after the manner of the Greek computation or reckoning: As likewise I pass other things of the like kind, which are many times used and practised according to the fancy of the Clerks or Notaries. How∣ever the last words, which are the close of these Grants and Patents, are not to be slighted. These we may see in that of Cedwalla, King of the South-Saxons,* 1.8 made to Theodore Arch-Bishop of Canterbury, in the year 687. thus.

* 1.9

For a further confirmation of my grant, I Cedwalla have laid a Turf of the Land aforesaid upon the holy Altar of my Saviour: And with my own hand, being ignorant of Letters, have set down and expressed the mark or sign of the Holy Cross.

Concerning Withred and a Turf of Land in Kent, Camden has the same thing;

And King Ethelulph is said to have offered his Patent,* 1.10 or Deed of Gift, on the Altar of the holy Apostle St Peter.

For a conclusion, I know no reason why I may not set underneath, the Verses of an old Poet, wherein he hath comprised the instrument or Grant of founding an Abby,* 1.11 which Ethelbald, King of the Mercians, gave to Kenulph Abbot of Crowland: Verses, I say, but such as were made without Apollo's consent or knowledge.

Istum Kenulphum si quis vexaverit Anglus, Rex condemno mihi cuncta catella sua. Inde meis Monachis de damnis omnibus ultrà Vsque satisfaciat; carcere clausus erit. Adsunt ante Deum testes hujus dationis Anglorum proceres Pontificesque mei. Sanctus * 1.12 Guthlacus Confessor & Anachorita Hic jacet, in cujus auribus ista loquor. Oret pro nobis sanctissimus iste Sacerdos, Ad tumbam cujus haec mea dona dedi.

Which in Rhyme dogrel will run much after this hobling rate.

If any English vex this Kenulph, shall I King condemn to me his Chattels all. Thenceforth, until my Monks he satisfie, For damages, in Prison he shall lye. Witnesses of this Gift here in Gods sight Are English Peers and Prelates of my Right. Saint Guthlac Confessor and Anchoret, Lies here, in whose Ears these words I speak yet. May he pray for us that most holy Priest, At whose Tomb these my Gifts I have addrest.

Thus they closed their Donations or Grants; thus we our Remarks of the Saxons, being now to pass to the Normans.

Notes

• * 1.1

  C. de donat. inter virum & uxorem. l. 26.
• * 1.2

  In Epist. ad l. 6. Relat.
• * 1.3

  Anno Dom. 680.
• * 1.4

  Ingulph.
• * 1.5

  Matth. Paris hist. major. pag. 838.
• * 1.6

  Ingulph.
• * 1.7

  Ralph Holins∣hed in Hen. 7.
• * 1.8

  Chart. Ar∣chiep. Cant.
• * 1.9

  See the Char∣ter of Edw. Conf. in En∣glish Rhyme, Camden in Essex.
• * 1.10

  Ingulph.
• * 1.11

  Ingulph.
• * 1.12

  The Saint, to whom the Monastery was dedica∣ted.