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in reading the disgraceful account then made, Maud, the duke proligally released his 2000 of the English naine, it will be manifest.

pounds the next year after the covenant) was soon

broken. The king (to prevent what mischief might Who by a fatal dart in vast New Forest slain.

follow a second arrival of bis brother) assisted by His death by an infortunate loosing at a deer, the greatest favours of Normandy and Anjou, beout of one Walter Tirrel's hand in New Forest, sieged duke Robert in one of his castles, took his brother Richard being blasted there with infec-him, brought him home captire, and at length tion, and Richard, duke Robert's son, having his using that course (next secure to death) so often neck broken there in a bough's twist catching him read of in Choniates, Cantacuzen, and other from his horse, have been thought as Jivine re-oriental stories, put out his eyes, being all this venges on William the first, who destroyed in time imprisoned in Cardiff Castle, in Glamorgan, Hantshire thirty-six parish churches to make dens where he miserably breathed his last. It is by for wild beasts ; although it is probable enough, Polydore added, out of some authority, that king that it was for security of landing new forces there, Henry after a few years' imprisonment released if the wheel of Fortune, or change of Mars, should him, and commanded that within forty days and have dispossest hiin of the English crown. Our twelve hours (these bours have in them time of two stories will of these things better instruct you: but, floods, or a flood and an ebb) he should, abjuring Enif you seek Matthew Paris for it, amend the ab- gland and Normandy, pass the seas as in perpetual surdity of both the London and Tigurin prints in exile; and that in the mean time, upon new An. 1086. and for Rex magnificus & bonæ indolis treasons attempted by him, he was secondly comadolescens, read Rich. magnificus &c. for Richard mitted, and endured bis punishment and death, brother to this Red William.

as the common monks relate. I find no warrantaWas by that cruel king deprived of his sight. ble authority that makes me beliere it : yet, Thus did the conqueror's posterity unquietly obsolete law of abjuration (which it seems had its

because it gives some kind of example of our possess their fatiner's inheritance. William had much to do with his brother Robert, jųstly grudg. beginning from one of the statates published under mg at his usurping the crown from right of pri- name of the Confessor) a word or two of the time mogeniture ; but so much the less, in that Robert, prescribed here for his passage : which being exwith divers other German and French princes, left amined upon Bracton's credit, makes the report all private respects for the holy war, which after therein faulty. For he seems confident that the the cross undertaken (as those times used) had most forty days in abjuration, were afterward induced fortunate success in recovery of Palestine. Robert upon the statute of Clarindom (9), which gave bad no more but the dutchy of Normandy, nor

the accused of felony or treason, although quitted that without swords often drawn, before his holy by the ordel (that is

, judgment by water or fire, expedition : about which (having first offer of, but the common trial of meauer (r) persons) forty days

but the statute published, speaks only of water, being refusing the kingdom of Jerusalem) after he had some five years been absent, he returned into

to pass out of the realın with his substance, which England, finding his younger brother (Henry I.) to other felons taking sanctuary and confessing to exalted into his hereditary throne. Por, although John le Breton is against him, giving this liberty

the coroner, he affirms not grantable; although it were undoubtedly agreed that Robert was eldest of time, accounted after the abjuration to be spent Bon of the Conqueror; yet the pretence which gave in the 'sanctuary, for provision of their voyage Henry the crown (beside the means of his working favourites) was, that he was the only issue born necessaries, after which complete, no man, on after his father was a king: upon which point a

pain of life and member, is to supply any great question

of their wants. I know it a point very intridisputed among civilians (o). Robert was no sooner returned into Normandy, and no express resolution. Since them, the oath

cate to determine, observing these opposite authors but presently (first animated by Randal bishop of Durham, a great disturber of the common peace nearly agrees with this of duke Robert, but with

of abjuration published among our manual statutes betwixt the prince and subject by intolerable exactions and unlimited injustice under William neither of those old lawyers. In it, after the felon II. whose chief justice (p) it seems he was, newly confesses, and abjures, and hath his port apescaped out of prison (whither for those state-mis- pointed; “I will (proceeds the cath) diligently demeanors he was comınitted by Henry) he dis endeavour to pass over at that port, and will not delay patohes and intercharges intelligence with most of time there above a flood and an ebb, if I may the baronage, claiming his primogeniture-right, day go into the sea up to the knees, assaying to

passage in that space ; if not, I will every and thereby the kingdom. Having thus gained to him most of the English nobility, he lands with tinual days, I will return to the sanctuary, as a

go over, and unless I may do this within forty conforces at Portsmouth, thence marching towards felon of our lord the king ; so God me help,” &c. Winchester : but before any encounter the two brothers were persuaded to a peace ; covenant

So here the forty days are to be spent about the was made and confirmed by oath of twelve barons passage, and not in the sanctuary: compare this on both parts, that Henry should pay him yearly

with other authorities (s), and you shall find all 2000 pounds of silver, and that the survivor of them should inberit, the other dying without issue, (9) Hen. 2. ap. Rog. Hoved. fol. 314. This peace, upon denial of payment (which had

(1) Glanvil. lib. 14. cap. 1. cæterum, si placet, the better colour, because, at request of queen adeas Janum nostrum lib. 2. §. 67.

(s) Itin. North. 3. Ed. 3. Coron. 313. Lectur. (0) Hottom. illust. quzest. 2.

ap. Br. tit. Coron. 181. V. Stamfordum lib. O. (p) Placitator & exactor totius regai, Flor. Wig. cap. 40. qui de bis gravitèr & modeste, sed & monarchorum turban

εφικτικώς.

' 'so dissonant, that reconciliation is impossible, they should denounce England under an interdict. resolution very difficult. I only offer to their The bishops tell king John as much, who suddenly, consideration, which can here judge, why Hubert moved with imperious affection and scorn of de Burch (earl of Kent, and chief justice of En- papal usurpation, swears, By God's truth, if gland, under Henry III.) having incurred the king's they or any other, with unadvised attempt, subject high displeasure, and grievously persecuted by his kingdom to an interdict, he would presently great enemies, taking sanctuary, was, after his drive every prelate and priest of England to the being violently drawn out, restored, yet that the pope, and confiscate all their substance, and of sheriffs of Hereford and Essex were commanded to all the Romans amongst them, he would first pull ward him there, and prevent all sustenance to be

out their eyes, and cut off their noses, and then brought him, which they did, decernentes ibi XL. send them all packing," with other like threat'ndieruim excubiis observare (0) : And whether also ing terms, which notwithstanding were not able the same reason (now unknown to us) bred this to cause them to desist; but within little time forty days for expectation of embarkment out of following in public denunciation they performed the kingilor, which gave it in another kind for re their authority; and the king, in some sort, his turn as in care of disseisin, the law hath beenthat threatenings; committing all abbeys and priories the disseisor could not re-enter without action (u), to laymen's custody, and compelling every priest's unless he had as it were made a present and continual concubine to a grievous fine. Thus for a while claim, yet if he had been out of the kingdom in continued the realm without divine sacraments or single pilgrimage (that is, not in general voyages exercise, excepted only confession, extreme unction, to the holy land) or in the king's service in France, and baptism; the king being also excommunicate or so, he had allowance of forty days, two floods, ed, and burials allowed only in high-ways and and one ebb, to come home in, and fifteen days, ditches without ecclesiastic ceremony, and (but and four days, after his return; and if the tenant only by indulgence procured by archbishop Langhad been so beyond sea, he might have been ton, who purchased farour that in all the monasessoigned de ultra mare, apd for a year and a

teries, excepting of White-friars, might be divine day, after which he had forty days, one flood, and service once a week) had no change for soine four ole ebb (which is easily understood as the other

or five years, when the pope in a solemn council for two foods) to come into England. This is cer

of cardinals, according to his pretended plenary tajn, that the space of forty days (as a year and a

power, deposed king John, and immediately by day) hath bad with us divers applications, as in

his legate Pandulph offered to Philip II. of France what before, the assise of Freshforce in cities and the kingdom of England. This, with suspicion of boroughs, and the widow's quarentine, which seems

the subjects' hearts at home, and another cause to have had beginning either of a deliberative time then more esteemed than either of these, that is, granted to her, to think of her conveniency in tak

the prophecy of one Peter, an hermit in Yorking letters of administration, as in another country(r) shire, foretelling to his face," that before holy the reason of the like is given : or else from the Thursday following he should be no king," altered forty days in the essoign of child-birth allowed by the his stiff and resolute, but too disturbed affections; Norinan customs. But you mislike the digression. and persuaded him by oath of himself and sixteen It is reported, that when William the Conqueror in

more of his barons, to make submission to the his deats-bed left Normandy to Robert, and En- church of Roine, and condescend to give for satisgland to William the Red, this Henry asked him faction, lɔɔ. clɔ. clɔ. clə. pounds sterling (that what he would give him? “Iɔɔ. pounds of silver

name of sterling began (y), as I am instructed, (said he) and be contented, my son ; for, in time, in time of Henry II. and had its original of name thou shalt have all which I possess, and be greater from some Esterling, making that kind of money, than either of thy brethren.”

which hath its essence in particular weight and

fineness, not of the starling bird, as some, nor His sacrilegious hands upon the churches laid. of Sterling, in Scotland, under Edward" I. as others

The great controversy about electing the arch- absurdly.; for in records (z) much more ancient, bishop of Canterbury (the king, as his right bade the express naine Sterlingorum I bave read) to him, commanding that John bishop of Norwich the clergy, and subject all his dominions to the should have the prelacy, the pope, being Innocent pope (a); and so had absolution, and after four III. for his own gain, aided with some disloyal years, release of the interdict (6).

I was the monks of Canterbury, deşiring, and at last con

willinger to insert it all, because you might see secrating Stephen of Langton, a cardinal) was

what injurious opposition, hy papaľ usurpation, first cause of it. For king John would by no

he endured, and then conjecture that his violent means endure this Stephen, nor permit him the dealings against the church were not without in dignity after his unjust election at Rome, but tolerable provocation, which madded rather than banished the monks, and stoutly menaces the amer.ded his troubled spirits. Easily you shall pope. He presently makes delegation to William

not find a prince more beneficial to the holy cause bishop of London, Eustace of Ely, and Malgere than he, if you take his former part of reign, of Worcester, that they should, with monitory before this ambitious Stephen of Langton's elec? advice, offer persuasion to the king of conformity to the Romish behest ; if he persisted in constancy, (y) Jo. Ston, in Notit. Londini, pag. 52. Vid.

Camd. in Scot. Buchan, alios. Math. Par. pag. 507.

(2) Polydor. Hist. 16. (u) Bract. lib. 4. tract. assis. Nov. Diss. cap. (a) Norff. 6. Rich. 1. fin. rot. 13. & alibi in 5. & lib. 5. tract. de Esson. cap. 3. Vid. de eisdem archivis V. Consuetudine in Oxoniâ 21. Ed. 3. fol. 46. be (6) Ante alios de his consulendus sit Math.

(r) Cust. Generaulx, de Artois art. 164.. Paris.

tion exasperated desire of revenge. Most kind | sorious exauthorizing the prince, then assisting habitude then was betwixt hiin and the pupe, and and moving forward his proneness, to faithlese for alms towards Jerusalem's aid, he gave the abrogation, by pretence of an interceding univer. fortieth part of his revenue, and caused his baro- sal authority, nage to second his example. Although therefore he be no ways excusable of many of those faults, The general charter seiz'dboth in government and religion which are laid The Jast note somewhat instructs you iö what on lim, yet it much extenuates the ill of his you are to remember, that is, the grand charters action, that he was so besieged with continual and granted and (as matter of fact was) repealed by undigestable incentives of the clergy with traitor- king John; his son Henry III. of some nine years' ous confidence striking at his crown, and in such age (under protection first of William Marshal, fort, as humanity must have exceeded itself, to earl of Pembroke, after the earl's death, Peter de have endured it with any mixture of patience. Roches, bishop of Winchester) in the ninth year Nor ever shall I impute that his wicked attempt of his reign, in a parliament held at Westminster, of sending ambassadors, Thomas Hardington, desired of the baronage (by mouth of Hubert de Ralph Fitz-Nicholas, and Robert of London, to Burch proposing it) a fifteenth: whereto upon Amiramully, king of Morocco, for the Mahome deliberation, they gave answer, quod legis petitan religion, so much to his own will and nature, tionibus gratantèr adquiescerent, si illis dià petitas as to the persecuting bulls, interdicts, excommu libertates concedere voluisset. The king agreed nications, deposings, and such like, pablished and to the condition, and presently under the great acted by them, which counterfeiting the vain seal delivered charters of them into every county name of pastors, shearing, and not feeding their of England, speaking as those of king John (saith sheep, made this poor king (for they brought him Paris) ita quod chartæ utrorúmque regum in so poor, that he was called Johannes (c) sine terra) nullo inveniuntur dissimiles. Yet those which we even as a phrenetic, commit what posterity re- have, published want of that which is in king ceives now among the worst actions (and in them- John's, wherein you have a special chapter that, selves they are so) of princes.

if a Jew's debtor die, and leave his heir withia

age subject to payment, the usury during the nonHis baronage were forc'd defensive arms to raise.

age should cease, which explains the meaning of No sooner had Pandulph transacted with the the statute of Merton, chap. v. otherwise but ill king, and Stephen of Langton was quietly possest interpreted in some of our year books (s): after of his archbishopric, but he presently, in a coun- this, follows further, that no aid, except to recil of both orders at Paul's, stirs up the bearts deem the king's person out of captivity (example of the barons against Jolin, by producing the old of that was in Richard I. whose ransom out of charter of liberties granted by Henry I. compre- the hands of Leopold, duke of Austria, was near hending an instauration of saint Edward's laws,ccclɔɔ. pounds of silver, collected from the subas they were amended by the conqueror, and project) make his eldest son knight, or marry his voking them to challenge observation thereof as eldest daughter, should be levied of the subject, an absolute duty to subjects of free state. He but by parliament. Yet, reason why these are was easily heard, and his thoughts seconded with omitted in Henry III, his charter, it seems, easily rebellious designs: and after deníals of this pur- may be given ; seeing ten years before time of posed request, armies were mustered to extort Edward Longshank's exemplification (which is These liberties. But at length by treaty in Run- that whereon we now rely, and only have) all ingmede, near Stanes, he gave them two char- Jews were banished the kingdom : and among the ters; the one, of liberties general, the other of petitions and grievances of the cotamons at the forest : both which were not very different time of his instaturation of this charter to them, from our grand charter and that of the forest. one was thus consented to ; Nullam tallagium vel The pope at his request confirmed all': but the auxilium, per nos vel hæredes nostros de cætero same year, discontentment (through too much in regno nostro imponatur seu levetur sine volunfavour and respect given by the king to divers tate & consensu communi arciepiscoporum, episstrangers, whom since the composition with the coporum, abbatum & aliorum prælatorum, colegate, he had too frequently, and in too high mitam, baronum, militum, burgensium, & aliorum esteem entertained) reixewing among the barons, liberorum hominuni (g): which although compared ambassadors were sent to advertise the pope what with that of aids by tenure, be no law, yet I conjec. injury the see of Rome had by this late exaction ture that upon this article was that chapter of of such liberties out of the kingdom, in which it aids omitted. But I return to Henry : he, within had such great interest (for king John had been some three years, summons a parliament to Oxvery prodigal 10 it, of his best and most majestical ford, and declares his fall age, refusing aay titles) and with what commotion the batons had longer Peter de Roches his protection ; but taking rebelled against him, soon obtained a bull cursing all upon his personal gorernment, by pretence of in thunder all such as stood for any longer main- past nonage, caused all the charters of the forest tenance of those granted charters. This (as how to be cancelled, and repealed the rest, (for so I could it be otherwise ?) bred new, but almost in- take it, although my author speak chiefly of that curable broils in the state betwixt king and sub of the forest) and made the subject with price of ject : but in whorn more, than in the pope and great sums, rated by his chief justice Hagh de his archbisbop, was cause of this dissention? Both, as wicked boutefeus, applying themselves to both (1)35 Hen. 6. fol. 61. & 3. Eliz. Plowd. 1. fol. parts ; sometimes animating the sabject by cen- 236. atque vid. Bract. lib. 2. cap. 36. $. 2.

(g) Thom. de Walsingham in 26. Ed. 1. Polyd. () John Hadland.

Hist. 17.

Bureb, renew their liberties, affirming that his Vor to amendi that lond as the erle of Glocetre, grant of them was in his minority, and therefore Sir Richard, and sir Simond erle of Leicetre so defeasible: which, with its like (in disinherit-And sir John le Fiz-Geffry and other barons inowe, ing and seizing on his subjects' possessions, with So that at last the king thereto hii drowe, out judicial course, beginning with those two great | To remue the Frenss men to libbe (9). beyonde se potentates Richard earl of Cornwal his brother, Bi hor londs her and ther and ne corne noght and William le Marshal earl of Pembroke) bred age (r).

(also most intestine trouble betwixt him and his barons, And to granti god (s) lawes and the Old Charter although soinetime discontinued, yet not extin: That so ofte was igranted er, and so ofte undo. guished even till his declining days of enthroned Hereof was the chartre imade and aseled vast there felicity. Observe among this, that where our of the king and of other heye men that there were, historians and chronologers talk of a desire by Tho nome tende tapers (t) the bishops in hor hond the baronage, to have the constitutions of Oxford And the king himself and other hege men of the restored, you must understand those charters can

lond, celled at Oxford; where after many rebellious, The bishops amansed (u) all that there agon were but provoked oppositions, the king at last, by And ever'eft undude the lawes that loked were path of himself and his son Edward, in full parlia

there, ment (h) (having nevertheless of times before Mid beryinge taperes; and such as laste, made show of as much) granted again their de- | The king and others seid Amen and the tapers sired freedom: which in his spacious reign was adoun caste. not so much impeached by himself, as through

If particulars of the story, with precedents and ill counsel of alien caterpillars crawling about him, consequents be desired, above all í send you to being as scourges then sert over into this king-Matthew Paris, and William Rishanger, and end dom. But Robert of Gloucester shall summarily in adding, that these so controverted charters bad tell you this, and give your palate variety,

not their settled surety until Edward I. since The meste wo that here vel bi king Henry's day

whom they have been more than thirty times in In this load, icholle beginne to tell yuf ich may.

parliament confirmed. He adde thre brethren that is modre's sons were(i). The seat on which her kings inaugurated were. And the king of Almajne the verthe that to heie

Which is the chair and stone at Westminster, them here (k),

(thereto,

whereon our sovereigns are inaugurated. The Ac sir William de Valence and sir Eimer (1)

Scottish (w) stories (on whose credit, in the first Elit of Wincetre aşıl sir Guy de Lisewi also Thoru hom and thoru the quene (m) was so much that the stone was first in Gallicia, of Spain, at

part hereof Į importune you not to rely) affirin frenss folc ibrought That of English men me told as right nought,

Brigantia (whether that be Compostella, as Fran

cis Tarapha wills, or Corunna, as Florian del Add the king hom let her will that each was às king

Campo conjectures, or Betansos, according to And nome poure men god, and ne paiede nothing. king of Scots there, sat on it as his throne: thence

Mariana, I cannot determine) where Gathel, To eni of this brethren yuf tuier pleinide eny wight was it brought into Ireland.by Simon Brech, first Hii sede, yuf we doth ou wrong, wo shall ou do king of Scots, transplanted into that isle about

right: As wo seith we beth kings, ur wille we mowe do,

700 years before Christ; out of Ireland king FerAnd many Engliss alas hulde mid hom also.

guse (in him, by some, is the beginning of the So that thorou Godes grace the erles at last,

now continuing Scottish reigo) about 370 years And the bishops of the land, and barons bespeake neth, some 850 of the incarnation, placed it at

afterwards, brought it into Scotland; king Kenvaste,

(caste, That the kind Englismen of Londe hii wolde out

the abbey of Scone (in the sheriffdom of Perth)

where the coronation of his successors was usual, And that long bring adoun, yuf her poer laste. Thereof hii nome (n) conseil, and to the king hii the Saxon times at Kingston upon Thames. This

as of our monarchs now at Westiniaster, and in send,

(ainend. 'To abbe (o) pite of his londand suiche manners

Kenneth, some say, caused that distich to be enSo ther at laste hii brought him therto

graven on it, To make a purveiance amendment to do,

Ni fallat fatum, Scoti, quocunque locatum, and made it was at Oxenford, that lond vor to Invenient lapidem, regnare tenentur ibidem. seyte,

(eyghte, -(Whereupon it is called fatale marmor in Hect. Twelf hundred as in yer of grace and fifty and Boetius) and enclosed it in a wooden chair. It Right aboute missomer fourtene night it laste is now at Westininster, and on it are the coronaThe erles and the barons were well styde yaste () tions of nur sovereign; thither first brought +

(as the author here speaks) among infinite other (k) 42 Hen. 3.

spoils, by Edward Longshanks, after his wars and (i) Guy of Lusignan, William of Valence, and victories against king Jahn Baliol, Athelmar, his half brothers, sons of Isabel, kiog John's dowager, daughter to Aimar, earl of En

Their women to inheritfolisme, married to Hugh Brown, earl of March, So they commonly affirm: but that denial of in Poiters.

sovereignty to their women cast the lives of many (k) Richard, earl of Cornwal, son to king John. (1) Athelmarus.

(1) Live.
() Again.

(s) Good. (m) Elianos, daughter to Raymund earl of Pro (0) Kindled tapers.

(2) Cursed. yence.

(w) Hector Boeth. Hist. 1. 10. & 14. Buchan, (n) They took. (0) Have. (P) Stedfast, 'rer, Scotic, 6. & 8. + 1297. 24 Ed. I.

thousands of their men, ooth under this victorious by Claude de Sejssell, bishop of Marseilles, Bodin, Edward, and his son the Black Prince, and others and divers others of the French, as it were as of his successors. His case stood briefly thus : ancient as the original of the name, and in these Philip IV. surnamed the Fair, had issue three sons, words, De terra salica nulla portio hereditatis Lewis the Contentious (r), Philip the long, and mulieri veniat, sed ad virilein sexum tota terræ Charles the Fair, (all these successively reigned hereditas perveniat; and in substance, as realter him, and died without issue inheritable :) he ferred to the person of the king's heir female ; 80 had likewise a daughter Isabel (I purposely omit mnch is remembered by that great civilian Balthe other, being out of the present matter,) mar dus (d), and divers others, but rather as custom ried to Edward 11, and so was mother to Edward than any particular law, as one(f) of that kingdorn III. The issue made of Philip the Fair thus fail- also hath expressly and newly written; Ce n'est ing, Philip, son and heir of Charles earl of Valois, point une loy écritte, mais nee avec nous, que Beaumont, Alenson, &c. (which was brother to nous n'avons point inventee, mais l'avons puisse Philip the Fair,) challenged the crown of France de la nature même, qui le nous a ainsi apris & as next heir male against this Edward, who an. Jonné cet instinct : But why the same author stered to the objections of the Salic law, that dares affirm that king Edward yielded upon this (admitting it as their assertion was, yet) he was point to the French Philip de Valois, I wonder, heir male, although descended of a daughter : and seeing all story and carriage of state in those in a public assembly of the states first about pro times is so manifestly opposite. Becanus undertectorship of the womb, (for queen Joan, dowager takes a conjecture of the first cause, which exof the Fair Charles, was left with child, but after- cluded gynæcocracy among them, guessing it to ward delivered of a daughter, Blanch, after- be upon their observation of the inisfortune in wards dutchess of Orleans) was this had in a war, which their neighbours the Bructerans (a solemn disputation by lawyers on both sides, and people about the now Over-Yssel, in the Netherapplied at length also to the direct point of in- lands, from near whom he, as many other, first heriting the crown. What followed upon judg- derive the Franks) endured in time of Vespasian, nient given against his right, the valiant and fa- under the conduct and enipire of one Velleda (g), mous deeds of him and his English, recorded in a lady even of divine esteein amongst them. But Walsingham, Froissart, Æmilius, and the mul- howsoever the law be in truth, or interpretable, titude of later collected stories make manifest. (for it might ill beseem me to offer determination in But for the law itself every mouth speaks of it; matter of this kind) it is certain, that to this day, few, I think, understand at all why they name it. they have an use of ancient time (h), which commits The opinions are, that it being part of the ancient to the care of some of the greatest peers, that they, laws made among the Salians (the saine with when the queen is in child-birth, be present, and Franks) under king Pharamond, about 1200 years warily observe, lest the ladies privily should counsince, had thence denoinination; and Goropius terfeit the inheritable sex, by supposing some (that fetches all out of Dutch, and more tolerably other made when the true birth is female, or, by perhaps this than many other of his etymologies) any such means, wrong their ancient custoin deriving the Salians' name from Sal, which in con- royal, as of the birth of this present Lewis the traction he makes from Sadel (y)* (inventors xulth, on the last of September in 1601, is, whereof the Franks, saith he, were) interprets after other such remembered. them as it were horsemen, a name fitly applied to the warlike and most noble of any nation, as

Of these two factions styld, of York and LanChivalers (2) in French, and Equites in Latin allows likewise. So that, upon collection, the Briefly their beginning was thus : Edward the Salic law by him is as much as a chivalrous law, IId bad seven sons, Edward the Black Prince, and Salic land, quæ ad equestris ordinis digni-William of Hatfield , Lionel, duke of Clarence, tatem & in capite summo, & in cæteris membris John of Gannt, duke of Lancaster, Edmund of conservandum pertinebat: which very well agrees Langley, duke of York, Thomas of Woodstock, with a sentence (a) given in the parliament at and William of Windsor ; in prerogative of birth Bourdeaux upon an ancient testament, devising as I name them. The Black Prince died in life all the testator's Salic lands, which was, iu point of his father, leaving Richard of Bourdeaux (afterof judgment interpreted fief (b). And who knows ward the 11d). William of Hatfield died without not that fiefs were originally military gifts? But issue ; Henry, duke of Lancaster (son to John of then, if so, how comes Salic to extend to the Gaunt the fourth brother) deposed Richard the crown, which is merely without tenure? There- Vd. and to the Vth and VIth of his name, left fore Ego scio (c) (saith a later lawyer) legem privato the kingdom descending in right line of the family salicam agere de patrimonio tantum.

It was

of Lancaster. On the other side Lionel, duke of composed (not this alone, but with others as they Clarence, the third brother, had only issue Philip say) by Wisogast, Bodogast, Salogast, and Win a daughter, married to Edmund Mortimer, earl dogast, wise counsellors about that Pharamond's of March, (who, upon this title, was designed heir reign. The text of it in this part is offered us apparent to Richard Ild). Edmund, by her had

(7) Hunting. (y) Francic. lib. 2. (d) Ad 1. ff. de Senatorib.

* As our word saddle. (2) Knights. (1) Hierome Bignon. de l'excel. des Roies, (a) Bodin. de Repub. 6. cap. 5. vid. Barth. | Livre 3. Chassan. Cons. Burgund, Rubric. 3. §. 5. num. (g) V. Tacit. Hist. 4.

(h) Rodulph. Boter. Commentar. 8. (6) Knights' fees, or lands held.

+ Ex Archiv. Parl. 1. Ed. 4 in lucem edit (c) Paul Merul. Cosmog. part. 2. 1. 3. cap. 17. 9. Ed. 4. fol. 9.

caster.

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