M. (Paul) Rapin de Thoyras.

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of England for ever.

' I. Imprimis, All the Forefts made by our Grandfa-
ther King Henry, (hall be viewed by honeft and lawful
Men ; and if he turned any other than his own proper
Woods into Forefts, to the damage of him whofe Wood
it was, it fhall forthwith be laid out again and difaforejled.
And if he turned his own Woods into Foreft, they fhall
remain Co, faving the Common of Pafture to fuch as
were formerly wont to have it,

I II. Is the LII and LV of the Great Charter put
into one Chapter.

1 III. The Archbifliops, Bifhops, Abbots, Earls, Ba-

' rons, Knights, and Free- Tenants, who have Woods

' in any Forefts, fhall have their Woods as they had

1 them at the time of the firft Coronation of our Grand-

' father King Henry, fo as they fhall be difcharged for

' ever of all Purpreftures (3), Waftes and Allans (4),

' made in thofe Woods, after that time, to the beginning

' of the fecond year of our Coronation ; and thofe who

' for the time to come fhall make Wafte, Purprefture or

' Allan in thofe Woods without our Licence, fhall anfwer

' for them (5).

1 IV. Our Infpectors or Viewers fhall go through the
' Forefts to make a View, as it was wont to be at the
' time of the firft Coronation of our faid Grandfather
' King Henry, and not otherwife.

' V. The Inquifition , or view for Lawing (6) of

• Dogs which are kept within the Foreft, for the fii-
' ture fhall be when the View is made, that is, every
' three years, and then fhall be done by the View and

* Teftimony of lawful Men, and not otherwife ; and
' he whofe Dogs at fuch time fhall be found unlawed,
' fhall be fined three Shillings ; and for the future, no
' Ox fhall be taken for Lawing, and fuch Lawing fhall
' be according to the common Affize ; namely, the three
' Claws of the Dog's Forefoot fh#ll be cut off, or the
' Ball of the Foot taken out. And from henceforward
' Dogs fhall not be Jawed, unlefs in fuch places where
' they were wont to be lawed in the time of King Henry
' our Grandfather.

* VI. No Forefter or Bedel (7) for the future, fnall
' make any Ale-Shots (8j, or colled Sheaves of Corn, or
' Oats, or other Grain, or Lambs, or Pigs ; nor fhall
' make any gathering whatfoever, but by the View and
' Oath of twelve Infpedors ; and when they make their

« View.

(II The Forefts banged nngmally to the Crowo, and the Kings had granted feveraj parts and parcel, to private Men, who had grubbed them tm and
made them Arable or Pafture. Bur yet all that was thus grubbed was ft.ll called Foreft. Thefe Forefts belonging to the King as his own Demeins " . "
the Sovereign Lord, were .continual Source ot vexatious Suits, as well againft thofe which held them of the Ki..g, as again!, th- neighbourine F-«n- '
under pretence ot the Rights of the Crown. 6 u, *.-fc . .ccui r..

(2) As it is to be fiund in Matthew Pjrii. p. 250. .

("%) '• *. Encroachments upon the King's Lands.

(4, i. r Grubbing up Word, and making it Arable, without Licence.

(5; Every Article of this Charrer is a dcji Evidence how much the Subieft was oppreffed under rre'ence of pre r -r»r» 'he r-.iyjl Forefts

{7) BaHiffof the Foreft. g/ Tll; is< .,, j, ^ A . J „ ^^ Qa , nU _


(6; Curcng oft their Claws, £"r

Book VIII.

euftodicndas, quoi
rinc fufriccrc.



illaa euflodicnda^- rationabiliicr vide- ' View, fo many Foragers fliall La appointed io

* Foreft as they fhal! rcaibnably think fufficient.

VII. Nullum fuanimotum de Caetero teneatur in regno
noftro, nifi ter in anno ; videlicet in principio quindecim
dierum ante fcftuiu fancli Michaelis, quando agiffatores ve-
niunt ad agiftandum dominicos bofcos, Si circa feftum fancli
Martini quando agillatores noftri debent accipcre panagium
fuum. Et ad ifta duo fuanimota, convenient loreftarii,
viridarii, & agiltatores ; & nullus alius per diftric-lionem.
Et tertium fuanimotum teneatur in initio XV dierum ante
t'eftum fancli Johannis Baptiftae pro fcenatione beftiarum
noftrarum ; & ad iftum fuanimotum convenient foreftarii,
viridarii, & non alii per diftriclionem.

VIII. Et pneterca fingulis quadraginta diebus, per totuni
arrnum convenient viridarii Si foreftarii ad videndum atta-
chiamenta de forefta tarn de viridi quam de venatione, per
praefentationem ipforum foreftariorum, & coram ipfis atta-
chientur : pr.edicia autem fuanimota non tcneantur, nifi in
comitatibus in quibus teneri confueverunt.

IX. Unufquifque liber homo agiftet bofcum fuum in fo-
refta pro voluntate fua, Si habeat panagium fuum.

X. Concedimus etiam quod unufquifque liber homo pof-
fit duccre porcos fuos per dominicum bofcum noftrum, li-
bere Si fine impedimenta ; Si ad agiftandum eos in bofcis
fuis propriis, vel alibi ubi voluerit. Et fi porci alicujus li-
beri hominis una no£te perno£taverint in forefta noftra, non
inde occafionetur, ita quod aliquid de fuo perdat.

XI. Nullus de caetero amittat vitam vel membra pro
venatione noftra ; fed ii aliqiris captus fuerit Si convictus de
captione venationis, graviter redimatur, ft habeat unde re-
dimi poffit, & fi non unde redimi poffit, jaceat in prifona
noftra per annum unum & unum diem. Et ft poft annum
unum Si unum diem plegios invenire poffit, exeat a pri-
fona ; fin autem, abjuret regnum noftrum Anglise.

XII. Quicunque archiepifcopus, epifcopus, comes vel
baro veniens ad nos per mandatum noftrum, tranfierit per
foreftam noftram, licet illi capere unam vel duas beftias per
vifum foreftarii fi praefens fuerit ; fin autem, faciat cornari,
ne videatur hoc furtive facere : item licet in redeundo idem
eis facere, ficut prsediclum eft.

XIII. Unufquifque liber homo de caetero fine occafione,
faciat in bofco fuo vel in terra fua, quam habet in forefta
molendinum, vivarium, ftagnum, marleram, foffatum vel
terram arabilem, extra co-opertum in terra arabili, ita quod
non fit ad nocumentum alicujus vicini,

XIV. Unufquifque liber homo habeat in bofcis fuis aerias
accipitrum, fpervariorum, falconum, aquilarum Si heiro-
num ; & habeant fimiliter mel quod inventum fuerit in
bofcis fuis.

XV. Nullus foreftarius de caetero, qui non fit foreftarius
de feudo, reddens firmam nobis pro balliva fua, capiat
chemiuagium, fcilicet pro careta per dimidiam annum,
duos denarios, Si per alium dimidium duos denarios ; &
pro equo, qui portat fummagium, per dimidium annum,
unum obolum, & per alium dimidium annum, unum
obolum ; & non nifi de illis, qui extra ballivam fuam tan-
quam mercatores veniunt, per licentiam fuam in ballivam
fuam, ad bufcam, meiremium, corticem, vel carbonem
emendum, 5c alias ducendum ad vendendum ubi voluerint.
Et de nulla careta alia, vel fummagio, aliquod cheminagium
capiatur ; non capiatur cheminagium, nifi in locis illis, ubi
antiquitus capi folebat Si debuit : illi autem qui portant
fuper dorfum fuum, bufcam, corticem vel carbonem ad
vendendum, quamvis inde vivant, nullum de caetero
dent cheminagium de bofcis aliorum ; nullum detur chemi-
nagium foreftariis noftris praeterquam de dominicis bofcis

XVI. Omnes utlagati pro forefta a tempore regis Henrici
avi noftri, ufque ad primam coronationem noftram, veni-


4 VII. No Swainmote lor the time to come fliall b^
' holden in our Kingdom oftner than thrice a y« 1. .
' that is to fay, in the beginning of fifteen day:, before
' Michaelmafs, when the Agifters, conic to agift the
' demefiic Woods ; anil about the feift of St. Martin,
4 when our Agifters are to receive their Pannage (1) ;
' and in thefe two Swainmote-, the Foreftcrs, Verderers.
' and Agifters fhall meet, and no othei by Coinpulliun
4 or Dlftrefs ; and the third Swainmote (hall he holden
' in the beginning of the fifteen H.iv., before tlie Fcaft of
6 St. John Hapuji, concerning the Fawning of our Does .
' and at this Swainmote (hall meet the Foreftcrs and

* Verdercr , and no others fliall be compelled to

■ there.

c VIII. And furthermore, every forty da] ■ tllTOUE

' the year, the Verderers and Foreftcrs fliall meet t<>

' view the Attachments of the Forcft, as well of Vert ' . '

' as Venifon, by Prefentment of the Foreftcrs thcmfclvc .

* and they who committed the Offences fliall be force:
' to appear before them : But the aforefaid Swainmotes
' fhall be holden but in fuch Counties as they were won'
c to be holden.

' IX. Every Freeman fliall agift {\) his Wood in tin

* Foreft at his pleafure, and fliall receive his Pannage.

' X. We grant alfo, that every Freeman may drive
' his Hogs through our demefne Woods, freely and without.
' Impediment, and may agift them in his own Woods, or
' elfewhere, as he will ; and if the Hogs of any Freeman
' fhall remain one Night in our Foreft, he fhall not be

■ troubled, fo as to lofe any thing for it.

' XI. No Man for the time to come fhall lofe Life or
' Limb for taking our Venifon ; but if any one be feized
' and convi&ed of taking Venifon, he fhall be grie-

* voufly fined, if he hath wherewithal to pay ; and if he
' hath not, he fhall lye in our Prifon a year and a day.
' And if after that time he can find Sureties, he fhall
' be releafed ; if not, he fhall abjure our Realm of Eng-
1 land.

4 XII. It fliall be lawful for every Archbifhop, Biftiop,

' Earl, or Baron, coming to us by our Command, and

' paffing through our Foreft, to take one or two Deer by

4 view of the Forefter, if prefent, if not, he fhall caufe ar

' Horn to be founded, left he fliould feem to fteal them.

' Alfo in their return, it fhall be lawful for them to do

' the fame thing.

' XIII. Every Freeman for the future may erecT: a Mill
4 in his own Wood, or upon his own Land, which he
' hath in the Foreft ; or make a Warren, or Pond, a
4 Marl-pit, or Ditch, or turn it into Arable, without the
4 Covert in the Arable Land, fo as it be not to the de-
4 triment of his Neighbour.

4 XIV. Every Freeman may have in his Woods the
4 Ayries of Hawks, of Spar-Hawks, Falcons, Eagles, and
4 Herons ; and they fhall have likewife the Honey which
4 fhall be found in their Woods.

4 XV. No Forefter for the future, who is not a Fo
4 refter in Fee, paying us Rent for his Office, fliall
4 take Cheminage (4) ; that is to fay, for every Cart
4 Two-pence for half a year, and for the other half year
4 Two-pence ; and for a Horfe that carries Burthens, for
4 half a year a half-penny, and for the other half year a
4 half-penny ; and then only of thofe, who come as Buy-
' ers, out of their Bailiwick, to buy Underwood, Tim-
4 ber, Bark, or Charcoal, to carry it to fell in othei
4 places, where they will : And for the time to come
4 there fhall be no Cheminage taken for any other Cart
4 or Carriage-Horfc, unlefs in thofe places where anciently
4 it was wont, and ought to be taken ; but they who
4 carry Wood, Bark, or Coal upon their Backs to fell,
4 though they get their livelihood by it, fhall fcr the future
4 pay no Cheminage for Pafiage«through the Woods ot
4 other Men. No Cheminage ihall be given to our Fo-
4 refters, but only in our own Woods.

4 XVI. All Perfons outlawed for Offences committed
' in our Foreft< from the time of Kine Henry our

4 Grandfather

(1) Money for the feeding of Hogs with MafI in the Kinc': Foreft?.

(2; That is, the Offence?, that have been committed in cu:'iiig Wood, or killing De

(3) That is, take in his Neighbour's Cattle to feed-

(4) Money for puffing through the Foreft.


The H 1 ST R T of ENGLAND. Vol. I.

ant a.i pace til fine impedimenta, & falvos plegios inveniant
quod de cxtero non forisfacient nobis de forefta noftra.

XVII. Nulius caftellanus vel alius teneat placitum de fo-
refta five de viridi five de venatione ; fed quilibet foreftarius
de feudo attachiet placita de forefta, tarn, de viridi quam de
venatione, & ea prafentet viridariis provinciarum ; & cum
^♦otulata fuerint, & fub figillis viridariorum inclufa, praefen-
tentur capital i loreftario cum in partes illas venerit ad tenen-
dum placita foreftae, & coram eo terminentur.

XVIII. Omnes autem confuetudincs prxdiclas & liber-
tates, quas nos conceffimus in reirno tenendas, quantum ad
nos pertinet erga noftros, omnes de regno noftro, tarn laici
quam clerici obfervent, quantum ad fe pertinet erga fuos.

Grandfather, until! our Erft Coronation, mav reverfe
their Outlawries without Impediment, but fhall find
Pledges that for the future they will not forfeit to
us (1) in our Forcft.

' XVII. No Cajlellan or other Perfon fhall hold Pleas
of the Foreft, whether concerning Vert or Venifon :
But every Forefter in Fee fhall attach Pleas of the Fo-
reft (2), as well concerning Vert as Venifon, and fhal!
prefent the Pleas or Offences to the Verdcrers of the fe-
veral Counties ; and when they mail be enrolled and
fealed under the Seals of the Verderers, they fhall he
prefented to the chief Forefter, when he comes into
thofe Parts, to hold Pleas of the Foreft, and fhall be de-
termined before him.

' XVIII. And all the Cuftoms and Liberties afore-
faid, which we have granted to be holdcn in our
Kingdom ; as much as belongs to us towards our
Vaffals, all of our Kingdom, as well Laicks as Clerks,
fhall obferve as much as belongs to them towards their
Vaffals (3). '

HENRY III. Sirnanid of Winchester,



E are going to enter upon a long Reign em-
baralTed with divers events, moft of which
have little connexion together. Were I to
dwell upon every the leaft remarkable thing
by the long Adminiftration of Henry III, I
fhculd, by my tedioufnefs, be more apt to tire the Reader,
than give him any clear knowledge of the Affairs of thofe
clays. I fhall confine my felf therefore to certain prin-
cipal Heads, which are, as it were, the Subftance of
what happened during this Reign. Firft, I fhall endea-
vour to reprefent the State of the Kingdom, the particu-
lar Genius of the King, and the Character and pernicious
defigns of his Minifters. Secondly, will be fhewn the
infatiable avarice and tyranny of the Court of Rome.
Thirdly, the Barons League, to oppofe the arbitrary
and tyrannical Power intending to be introduced into the
Kingdom. And Iaftly, the Barons abufe of the Autho-
rity they ufurped on that pretence, and the unfortunate
Succefl'eS which rendered all their Procceedings ineffectual.
Thefe are the chief Heads we are going to rim over, as
briefly as the great length of this Reign will permit, and
to which almoft whatever fhall be afterwards faid will
The Stan of King John left his Crown to his eldeft Son. But
tUKmgdom. the y 0un g Prince, who was but ten years of age (4),
was very unc;;pable of curing the diforders of fo diftem-
pered a State. A kw Lords, who firmly adhered to the
Service of the King his Father, and an Army of Fo-
reigners, whom John himfelf never ventured to truft,
formed very unlikely Inftruments to reftore the royal Fa-
mily. There was the lefs room to hope for (o favorable
a turn, as almoft all the Peers of the Realm, fupported
with the Forces of France, appeared ftrictly united againft
the Family of the late King. Befides, Lewii's great
Progrefs feemed in fome meafure to promife him the
The Edri cf reduction of the whole Kingdom. In fpite of thefe feem-
ingly infurmountable difficulties, young Henry found in
the wife and brave Earl of Pembroke (5), a loyal Sub-
ject, and capable withal of projecting and executing the
greateft defigns. Without being difheartned in this ex-
tremity, the generous Earl undertook to raife the hopes
of the honeft Englifh, and drive the Foreigners out of the

As foon as John refigned his laft Breath, the Earl of
'•''Pembroke affembled the Lords, who remained firm to
Parti. " g ' tnat P'" ince > aiul preferring young Henry to them, made
Hemingford. a Speech, beginning with thefe words : Behold our King.
Then (after a fhort paufe ) he reprefented to them,
" Though tiie Conduct of the late King gave the
" confederate Barons a plaufible pretence to complain,

M. I'.iris

" it was not reafonable to take the Crown from a Fa-
" mily, that had worn it fo long, much lefs to give it
"to a Foreigner. As King John's faults were per-
" fonal, it would be unjuft to inflicl a Punifhmcnt on
" his Son, whofe tender years rendered him blame-
" lefs. He faid farther, the remedy ufed by the con-
" federate Barons was worfe than the difeafe, fince it
" tended to reduce the Kingdom under a difhonourable
" Servitude. And therefore, in the prefent pofture of
" Aftaits, nothing was able to deliver them from the im-
" pending Yoke, but the firm Unions under a Prince
" who was undeniably the lawful Heir to the Crown."
This Speech met with applaufe from the whole Af-
fembly, who cried out with one Voice, We will have
Henry for our King (6). Whereupon, though the Earl
of Chcjlcr (7) made fome oppolition at firft ; however, he
afterwards defifting, a day was appointed for the Co-


ronation. The Ceremony was performed with little Henry 111.

M. Paris.
An. Waver !•

p. j6j

pomp, by the Bifhops of Bath and Winchejier, in the
prefence of an inconfiderable number of Lords (8) with
Gallo the Legate, who efpoufed young Henry's Intereft
to the utmoft of his power. King John's Crown being
lately loft in the Well-ftream, as was related, they were
forced to ufe a plain Circle or Chaplet of Gold, becaufe
they had neither time nor means to make a bet-
ter. Before the Crown was fet on his head, the ufual
Oath was adminiftred to him. Which done, the Legate,
who had ever his matter's Intereft in view, caufed the
young Prince to do Homage to the Holy See. It was
not then proper to oppofe this Homage, for fear of lofing
the Pope's Afliftance, and increafing the difficulties, Henry
was, probably, to ftruggle with in the beginning of his

Thefe Ceremonies being over, the Ailembly of the
Lords, who reprefented at that time the whole Nation,
chofe the Earl of Pembroke, Guardian of the King, and
declared him Protedor, that is, Regent of the Kingdom.
They could not chufe to that high Office, a perfon of
greater Abilities, of more Zeal for the Publick Good, or a
fafter friend to the Royal Family. From the beginning
of King John's Reign, for whom he partly procured the
Crown by his diligence and addrefs, he had always re-
mained attached to the fervice of that Prince, without ever
deferting him in his greateft diftrefs. This conftant Loyalty
gaining him his mafter's favour and confidence, he was
always trufted with his Secrets, and therefore was better
qualified than any other to be at the Helm, in fo tempe-
ftuous a Seafon. He perfectly knew the caufe of the trou-
bles, and the Interefts and Intrigues of thofe that excited
them. He was not ignorant that moft of the Barons were

T. Wikcs.

M- Pari;,
p. 289.

Tie Ear! of
made Regent.
M. Pari6.
li;".u qualifi-
ed f'.r tiot

(l) That is, commit no Offence. Brady.

2} May feize the B.xiv or Goods of the OlnucUrs to make them appear.

v There is no Oiigtnal ot this Charter extant, nor anv Copy older than the firft of Hmry III.

i h\ was but in the tenth year ul his Age. See above, p. 2611

( (.' Warn Martfcball. r '

Ftat Rex, Fut Rex. Uemngford, 1. 3. p. 5G2.

'-: HemingJ ■ ./ fays, it was the harlot GJouceJiir, p. 562. But that Earldom was then :n the Crown. See Tyrrtl,



Book VIII.

8. H E N R Y III.


H 6. extremely diflUttefled with the Prince they had fent for,
and upon that he chiefly built his hopes. The private
fubmillious of forty of them to the King, n-tve him room
to believe that driientions were riling among them, and
tli.it their example would quickly be lollowed by the reft.
Indeed nothing but delpair of Pardon prevented the ma-
jority from deferring Prince Lewis.. And therefore, the
Regent believed he had reafon to hope, that a Declara-
tion of the new King's readinefs to pardon, would loon
dillblve the Confederacy. Refides, there was no like-
lihood, that after the death of King John, fo many
Lords could refolve to continue in obedience to a fo-
reign Prince, who too gave them every day frcih ccca-
fions of Complaint. In this expectation the Earl of
Pembroke fent Letters to all the Karons and Corporati-
ons in the Kingdom (1)1 [l> inform them of Henry's
Acceffion to the Crown , promifing withal great re-
wards to fuch as would return to their Duty (2). Thel'e
alliirances , and the Regent's known probity , fhaking
many of the confederate Barons, they began to think
ferioufly of making their Peace with their lawful So-
vereign. The excommunication of Prince Lcivis, pub-
li/hcd every Sunday, furnilhed them with a further, and
no lefs powerful motive to change. It was not pof-
fible , but among all thefe Lords, there were tender
confeiences, that were concerned at following the Ban-
ners of an excommunicated Prince. Much lefs could
they bear to fee thcmfelves involved in the fame Sentence,
what endeavours focver were ufed to remove their
Scruples. So that Lewis's affairs began to decline, at
the very time they feemed to he moll profperous. The
railing the Siege of Dover contributed likewife very
much to difconcert them. Prince Lewis frequently tried
to corrupt Hubert de Burgh, Governor of that Place ;
but always found in that brave Man a Loyalty proof
againft all temptations. Force had been Hill lefs availa-
ble , for he was repulfed with lofs in all his afiaults,
The death of King John happening during this Siege,
Lewis hoped the Governor would become more tradable.
Accordingly, he ordered him to be fummoned afrcfh to
furrender ; rcprefenting to him withal, that fince, by
John's death, he was releafed from his Oath, he might
without fcruple fwear fealty to a Prince , whom his
Countrymen had owned for their Sovereign, and who
would be glad to fhew him marks of his efteem.
Hubert anfwered, The late King having left a Succeftbr,
to whom his allegiance was due, he would maintain his
Caufe to the laft drop of his Blood : Adding, he could
never believe, the efteem of any brave Prince could be
gained by a notorious bafenefs. Promil'es proving inef-
fectual, Lewis threatned Hubert to put his Brother, who
was in his power, to death. This Threat made no
impreflion on the faithful Governor, who continued to
defend, with the fame rcfolution , the important place
committed to his Truft. Lewis finding he did but loie
time before Dover, raifed the Siege, and inverted the
Caftleof Hertford, which made but a faint refiftance (3).
The taking of this Place, gave the Englijh Lords frefh
caufe of complaint. Robert Fitx-lValter, claiming the
cuftody of the Caftle, as belonging to him by antient
right , had the mortification to be denied, and fee a
French Governor placed there with Troops of the fame
did. Nation. This Injuftice caufed great murmurings among
th« Englijh Barons. They were extremely vexed to be-
hold their own Inheritances given to Foreigners, without
any regard to their complaints. Their difcoiitent was
farther" inflamed by the indifcretion of fome Frenchmen,
who upbraided the Englijh Barons for Tray tors, declaring,
it was not fafe to truft them with the cuftody of
Caftles. Thefe expreflioiis, added to what the Vifcount
of Mclun is reported to fay, caufed among the Englijh,
and efpecially among the Nobiiity, an univerfal diflatif-
fadlion, which Lewis perceived not as yet, but of which

be foon felt the efffecfo. Mean while, coritiniiing I is prt*- 1:16.
grefs, he became mailer of lome other places before he re-
turned t<> London, where he came not till towards the lat-
ter end i>l the year.

Whilll Lewis was improving his advantages, the Re- TtePcftde-
gent omitted nothing that might heip to fupport the juft ,l -" J"
Rights of young Henry. His firft, and, as he thought, ;'
molt necellary precaution in the prefent juncture, was, p. 191.
to lend fpeedy notice to the Pope, of the death ot King
John, and the Coronation ot his .'>"ti ; intreating him
withal, to take into his protection the young Prince, who
was fui rounded with foreign and domeftick enemies. In-
nocent took care not to be wanting in what concerned his
own Interefls. The prefervation of England, winch he
confidered as the Patrimony of St. Peter, and even gave
it that name, was in danger. Wherefore he fent licfji
powers to his Legate to renew the Excommunication of
the Prince of France, and the confederate Barons. Lewis,
to whom the Legate communicated Ins new oiders, fo-
lemnly proteftcd againft all that ihould be done to his
prejudice. Mean time, to prevent the new Cenfure from
having any effeft, he required all the Englijh Lords to re-

Online LibraryM. (Paul) Rapin de ThoyrasThe history of England : written in French (Volume 1) → online text (page 124 of 360)