Michael Drayton.

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et Anglioano, viseudi sunt llotonian. (^H^;^-■st. o. ; Alliei'ic. Geu-
til. de jure Belli. .3. cap. 5.; et cas. Calv. in I). Cuke. lib. 7.

^ See the Seoond Song. * Matthei Toais locus sibi restitutua.



their father's inheritance. JFiUiam had much to do with
his brother liohert justly grudging at his usurping the
Crown from right of primogeniture ; but so much the less,
in that liohert with divers other German and French Princes
left all private respects for the Holy War, which after the
Cross undertaken (as those times used) had most fortunate
success in Recovery of Palestine. Robert had no more but
the Duchy of Normandij, nor that without swords often
drawn, before his Holy expedition : about which (having
first offer of, but refusing, the Kingdom of Jerusalem) after
he had some five years been absent, he returned into Eng-
land, finding his younger brother {Henry I.) exalted into
his hereditary throne. For, although it were undoubtedly
agreed that liohert was eldest son of the Conqueror, yet
the pretence which gave Henry the Crown (beside the
means of his working favorites) was, that he was the only
issue horn after his fatJi^r was a King:* upon which point
a great question is disputed among Civilians.^ Rohert was
no sooner returned into Normandy, but presently (first ani-
mated l)y Randall, Bishop of Durham, a great disturber of
the common peace twixt the Prince and subject by intoler-
able exactions and unlimited injustice under JniUam II.,
whose Chief Justicet it seems he was, newly escaped out of
prison, whither for those State-misdemeanors he was com-
mitted b)'' Henry) he despatches and interchanges intelli-
gence with most of the Baronage, claiming his primogeni-
ture-right, and thereby the kingdom. Having thus gained
to him most of the English Nobility, he lands with forces at
Portsmouth, thence marching towards Wincliester : but be-
fore any encounter the two brothers were persuaded to a

• Solus omnium natus esset regie. Malmsb. For he was born the
third year after the Conquest. ^ Hottom. Ilhist. Quiust. 2.

t Placilalor, et Exactor iotius rcfjni. Flor. Wig. et Moiiachorum


peace ; covenant was made and confirmed by oath of twelve
Barons on both parts, that Henri/ should pay him yearly
2,000 pounds of silver, and that the survivor of them
should inherit, the other dying without issue. This peace,
upon denial of payment (which had the better colour, be-
cause, at a request of Queen Maude, the Duke prodigally
released his 2,000 pounds the next year after the covenant)
was soon broken. The King (to prevent what mischief
might follow a second arrival of his brother) assisted by
the greatest favours of Normandy and Avjou, besieged Duke
Robert in one of his castles, took him, brought him home
cajitive, and at length using that course (next secure to
death) so often read of in Choniafes, Cantacuzen, and other
Oriental stories, put out his eyes, being all this time im-
prisoned in Cardiff Castle in Glamorgan, where he miserably
breathed his last. It is by Pohjdore added, out of some
authority, that King Henry after a few years imprisonment
released him, and commanded that within 40 days and 12
hours (these hours have in them time of two floods, or a
flood and an ebb) he should, abjuring Enrjland and Nor-
mandy, pass the seas as in perpetual exile ; and that in the
mean time, upon new treasons attempted by him, he was
secondly committed, and endured his punishment and death
as the common Monks relate. I find no warrantable au-
thority that makes me believe it : yet, because it gives
some kind of example of our obsolete law of Abjuration,
(which it seems had its beginning from one of the Statutes
published under the name of the Confessor) a word or two
of the time prescribed here for his passage : which being
examined upon Bracion's credit, makes the report therein
faulty. For he seems confident that the 40 days in abju-
ration, were afterward induced upon the Statute of Clarin-
don *vflnch gave the accused of Felony, or Treason, although
♦ Jlen. 2. ap Rog. Hoved. fol. 314.


acquitted by the Ordel (that is judgment by Water or Fire,
but the Statute pubUshed, speaks only of Water, being the
common trial of meaner persons^) 40 days to pass out of
the Eealm with his substance, which to other felons taking
sanctuary and confessing to the Coroner, he affirms not
grantable ; although John le Breton is against him, giving
this liberty of time, accounted after the abjuration to be
spent in the sanctuary, for provision of their voyage neces-
saries, after which complete, no man, on jm/w of life and
member, is to supply any of their wants. I know it is a
point very intricate to determine, observing these opposite
authors and no express resolution. Since them, the Oath
of Abjuration published among our Manual Statutes nearly
agrees with this of Duke Jtohert, but with neither of those
old Lawyers. In it, after the Felon confesses, and abjures,
and hath his Port appointed ; / ivill (proceeds the Oath)
diligently eiideavour to jxiss over at that Port, and loill not delay
time there above a flood and an ebb, if I may have passage in
tliat space ; if not, I will every day go into the sea up to the
hiees, assaying to go over, and unless I may do this icithin Forty
continual days I will return to the Sanclicanj, as a Felon of our
Lord the King ; So God me help, dx. So here the forty days
are to be spent about the passage and not in the sanctuary.
Compare this with other authorities,- and you shall find all
so dissonant, that reconciliation is impossible, resolution
very difficult. I only offer to their consideration, which can
here judge, why Hubert de Jhirch (Earl of Kent, and Chief
Justice of England under Hen. III.) having incurred the
King's high displeasure, and grievously persecuted by great
enemies, taking sanctuary, was, after his being violently

^ Glanvil. lib. 14. cap. l.;cteterura, si placet, adeas Janum nostrum
li. 2. §. (i7.

2 Itiii. North. 3. Ed. 3. Coron. 313. Lectur. ap. Br. tit. Coron. 181.
Vid. Staiiifordum, lib. 2. cap. 40. qui de hia gravittr, et modesty sed


drawn out, restored; yet that the Sheriffs, of Hereford* and
Essex, were commanded to ward him there, and prevent all
sustenance to be brought him, which they did, decementcs
ibi quadraglnta dierum cxcubiis ohservare :^ And whether also
the same reason (now unknown to us) bred this forty days
for expectation of embarquement out of the kingdom, Avhich
gave it in another kind for retorne? as in case of St'sseiSttt,
the law hath been,- that the disseisor could not re-enter
without action, unless he had as it were made a present and
continual claim, yet if he had been out of the Kingdom in
single pilgrimage (that is not in general voyages to the
Holy-land) or in the King's service in France, or so, he had
allowance of forty days, two floods, and one ebb, to come
home in, and fifteen days, and four days, after his return ;
and if the tenant had been so beyond sea he might have
been essoined de ultra rtiare, and for a year and a day, after
which he had forty days, one flood, and one el)b (which is
easily understood as the other for two floods) to come into
England. This is certain that the space of forty days (as a
year and a day) hath had with us divers applications, as in
what before, the Assise of Fresltforce in Cities and Boroughs,
and the "Widow's Quarentine, which seems to have had be-
ginning either of a deliberative time granted to her, to
think of her conveniency in taking letters of administration,
as in another country^ the reason of the like is given ; or
else from the forty days in the essoine of child-birth allowed
by the Nrrman Customs. But you mislike the digression.
It is reported that when WilUam the Conqueror in his death-
bed left Normandy to Eohert, and Emjland to IFlUhirn the
Eed, this Henry asked him what he would give him, Five

* i.e., Hertford. — (Ed.)

1 IMatli. Par. pag. 507.

2 Bract, lib. 4. tract, assis. Nov. Diss. cap. 5. et lib. .5. tract, de
Esson. cap. 3. Vid. de Consuetudine in Oxouia. 21. £d. 3. fol. 4(5. 6.

^ Cust. Geueraulx. de Artoi^. art. 1G4.


tJwiisand ponnds of silver (saitli he) and he contented my son ;
for, in time, thou shalt have all which I possess, and he greater
than either of thy hrefhren.

164. His sacrilegious hands upon tJie Churches laid.

The great controversy about electing the Archbishop of
Canterbury (the King as his right bad him, commanding
that John Bishop of Norwich should have the Prelacy, the
Pope, being Innocent III. for his own gain, aided with some
disloyal Monks of Canterbury, desiring, and at last conse-
crating Stephen of Langton, a Cardinal) was first cause of it.
For King John would by no means endure this Stephen, nor
permit him the dignity after his unjust election at Borne,
but banished the Monks, and stoutly menaces the Pope.
He presently makes delegation to JFilliam Bishop of London,
Eustace of Ely,. and Malgere of Worcester, that they should,
with monitory advice, offer persuasion to the King of con-
formity to the Ilomish behest ; if he persisted in constancy,
they should denounce England under an interdict. The
Bishops tell King John as much, who suddenly, moved with
imperious affection and scorn of Papal usurpation, swears,
by God's tooth, if they or any otiier, with imadvised attempt, sub-
ject his Kingdom to an interdict, he tcould presently drive every
p'elate and priest of England to the Pope, and confiscate all
their substance; and of all the Romans amongst them, he ivould
first pull out their eyes, and cut off their noses, and tlien send
them all packing,^ with other like threatening terms, which
notwithstanding were not able to cause them desist ; but
within little time following, in public denunciation they
jierformed their authority ; and the King, in some sort, his
threatenings, committing all Abbeys and Priories to lay-
men's custody, and compelling every priest's concubine to
a grievous fine. Thus for a while continued the liealm

^ 9, Joann. Keg.


without divine Sacraments or Exercise, excepted only Con-
fession, Extreme Unction, and Baptism ; the King being
also excommunicated, and burials allowed only in high-ways
and ditches without ecclesiastic ceremony, and (but only
by indulgence procured by Archbishop Langton which pur-
chased favour that in all the Monasteries, excepting of
JFhite-Friars, might be c]i\nne 3er\"ice once a week) had no
change for some four or five years, when the Pope in a
solemn Council of Cardinals, according to his pretended
plenary power, deposed King John, and immediately by his
Legate Pandulph offered to Philip 11. of France the Kingdom
of England. This with suspicion of the subjects' heart at
home, and another cause then more esteemed than either of
these, that is, the prophecy of one Peter an Hermit in Yorl^
shire foretelling to his face thai hef ore Holy-Thursday folloicing
he should he no King, altered his stiff and resolute, but too
disturbed, affections; and persuaded him by oath of himself
and sixteen more of his Barous, to make submission to the
Church of Piome, and condescended to give for satisfaction,
8,000 pounds sterling (that name of sterling^ began, as I
am instructed, in time of Hen. II. and had its original of
name from some EsterUng, making that kind of money,
which hath its essence in particular weight and fineness,
not of the starling bird, as some, nor of Sterling in Scotland
under Ed. I. as others absurdly, for in Records- much more
ancient the express name sferlingorum I have read) to the
Clergy, and subject^ all his dominions to the Pope ; and so
had absolution, and, after more than four years, release of
the Interdict. I was the willinger to insert it all, because
you might see what injurious opposition, by Papal usurpa-
tion, he endured; and then conjecture that his violent

^ Jo. Stow, in Notit. Londin. pag. 52. Vid. Camd. in .Scot. Buchan.
olios. '■' Polydor. Hist. 10.

* Norff, 6, Eich. I, liu. Eot. 13. et alibi in eisdem archiTis vid.


dealings against the Church were not without intolerable
provocation, which madded rather than amended his
troubled sjnrits. Easily you shall not find a Prince more
beneficial to the holy cause than he, if you take his former
part of reign, before this ambitious Stephen of Langton's elec-
tion exasperated desire of revenge. Most kind habitude
then was twixt him and the Pope, and for alms toward
J<erusahm's aid he gave the fortieth part of his revenue, and
caused his Baronage to second his example. Although
therefore he was no waj^s excusable of many of those faults,
both in government and religion, which are laid on him, yet
it much extenuates the ill of his action, that he was so be-
sieged with continual and undigestable incentives of the
Clergy with traitorous confidence striking at his Crown, and
in such sort, as humanity must have exceeded itself, to have
endured it with any mixture of patience. Nor ever shall I
impute that his wicked attempt of sending Ambassadors,
Thomas Ilardington, Ralph Fit-Nicholas, and Robert of Lori'
don, to Amiramidly, King of Morocco, for the Mahometan
Religion, so much to his own will and nature, as to the per-
secuting Bulls, Interdicts, Excommunications, Deposings,
and such like, published and acted by them Avhich counter-
f(uting the vain name of Pastors, shearing and not feeding
their sheep, made this poor King (for they brought him so
poor, that he was called Johannes sine terra*) even as a
phrenetic, commit what posterity receives now among the
worst actions (and in themselves they arc so) of Princes.

icr. His Baronage loere forc'd defensive arms to raise.

No sooner had Pandulp)h transacted with the King, and
Stqjhen of Lanyton was quietly possessed of his Archbishop-
ric, but he presently, in a Council of both orders at Paul's,

' Ante alios de hiis consulcnclus sit Matth. Paris.
* John JJudland,


stirs up the hearts of the Barons against /o/m, by producing
the old Charter of liberties granted by Ilea. I. comprehend-
ing an instauration of S. EdwanVs Laws, as they were
amended by the Conqueror, and provoking them to chal-
lenge observation thereof as an absolute duty to subjects of
free State. He was easily heard, and his thoughts seconded
with rebellious designs : and after denials of this purposed
request, armies were mustered to extort these liberties.
But at length by treaty in Baningmede^ near Stanes, he gave
them two Charters ; the one, of Liberties general, the other
of the Forest : both which were not very different from our
Graund Charter- and that of the Forest. The Pope at his
request confirmed all : but the same year, discontentment
(through too much favour and respect given by the King to
divers strangers, whom, since the) composition with the Le-
gate, he had too frequently, and in too high esteem, enter-
tained) renewing among the Barons, Ambassadors were sent
to advertise the Pope what injury the See of Borne had by
this late exaction of such liberties out of a kingdom, in
which it had such great interest (for King John had been
very prodigal to it, of his best and most majestical titles)
and with what commotion the Barons had rebelled against
him, soon obtained a Bull cursing in thunder all such as
stood for any longer maintenance of those granted Charters :
This (as how could it be otherwise ?) bred new but almost
incurable broils in the State twixt King and subject : but
in whom more, than in the Pope and his Archbishop, was
cause of this dissension 1 Both, as wicked boutefeus apply-
ing themselves to both parts; sometimes animating the sub-
ject by censorious exauthorizing the Prince, then assisting
and moving forward his proneness to faitliless abrogation,
by pretence of au interceding universal authority.

16. Job. Reg.

King John's Grand Charter.
VOL. II, 16


175. The general Charter seiz'd

The last note somewhat instructs you in what you are to
remember, that is, the Grand Charters granted and (as matter
of fact was) repealed by King John ; his son Henry III.^ of
some nine years age (under protection first of JViUiam Mare-
shoM Earl of Penhroke, after the Earl's death, Peter de Roches
Bishop of Winchester) in the ninth year of his reign, in a
Parliament held at Westminster desired of the Baronage (by
mouth of Hubert de Burch proposing it) a Fifteen : whereto
upon deliberation, they gave answer, qiibd Pegls i)etitionihu£
gratanttr adquiescerent si Ulis dih petitas Libertates concedere vo-
luisset* The King agreed to the condition, and presently
under the Great Seal delivered Charters of them into every
County of England, speaking as those of King John (saith
Paris) ita quod Chartce utrorumque Begum in nullo inveniuntur
dissiniiles.f Yet those, which we have, published want of
that which is in King John's, wherein you have a special
chapter that, if a Jew's debtor die, and leave his heir within
age subject to payment, the usury during the nonage should
cease, which explains the meaning of the Statute of Merton
Chap. V. otherwise but ill interpreted in some of our
Year Books.- After this follows further, that no Aid, ex-
cept to redeem the King's person out of CajJtirifg (example
of that was in Illchard I. whose ransom out of the hands
of Leopold Duke of Austria, was near 100,000 pounds of
silver, collected from the subject) make his eldest son Knight,
or marry his eldest daughter, should be levied of the subject
but by Parliament. Yet reason, why these are omitted in
Henry the Third's Charter, it seems, easily may be given ;

1 1-22.').

* 'i'hat they would willingly grant his request, if he would vouch-
aafe them th<jse Liberties so long desired.

t So that the Charters of both Kings are just alike.

" 35. llni. G. fol. 01. et3. ELiz. I'lowd. 1. fol. 230. atqui. vid. Bract,
lib. 2. cap. 26. § 2.


seeing ten years before time of Edivard LongshanlvS exempli-
fication (which is tliat whereon we now rely, and only have)
all Jews were banished the kingdom : and among the Peti-
tions and Grievances of the Commons at time of his iu-
stauration of this Charter to them, one was thus consented*
to; Nullum TaUagium vel Auxilvmn, per nos velJierechs nostras
de ccetero in regno nostra imj)onatur sen levetur sine vahmtate et
consensu comnmnl Archiejnscoporum, Episcoporum, Abbatum et
aliorum Prcclaforum, Comitum, Baronum, Milifnm, Burgens'mm,
et aliorum llberarum homiuum:* which although compared
with that of Aids by Tenure, be no law, yet I conjecture
that upon this article was that Chapter of Aids omitted.
But I return to Henry : He, "within some three years, sum-
mons a Parliament to Oxford, and declares his full age, re-
fusing any longer Peter de Poches's protection ; but taking
all upon his personal government, by pretence of past non-
age, caused all the Charters of the Forest to be cancelled,
and repealed the rest (for so I take it, although my author
speak chiefly of that of the Forest) and made the subject
with price of great sums, rated by his Chief Justice Hugh de
Burch, renew their liberties, affirming that his grant of them
was in his minority, and therefore so defeasible : which,
with its like (in disinheriting and seising on his subjects'
possessions, without judicial course, beginning with those
two great potentates Richard Earl of Cornimll, his brother,
and inUiam le Mdrshall Earl of PcinhrooJce) bred most in-
testine trouble t\vixt him and his Barons, although some-
time discontinued, yet not extinguished even till his de-
clining days of enthroned felicity. Observe among this,
that where our historians and chronologers, talk of a desire
by the Baronage, to have the Constitutions of Oxford re-
stored, you must understand those Charters cancelled at Ox-

* No Tallage or Aid without consent of Parliament should after be
exacted. Thorn, de Walsinghaui in 2G. Ed. 1. I'olyd. Hist. 17.



ford; where after many rebellions, but provoked, oppositions,
the King at last, by oath of himself and his son Edward, in
full Parliament^ (having nevertheless oft-times before made
show of as much) granted again their desired freedom :
which in his spacious reign, was not so innch impeached by
himself, as through ill counsel of alien caterpillars crawling
about him, being as scourges then sent over into this king-
dom. But liohert of Glocester shall summarily tell you this,
and give your palate variety.

Eht mrstr too that here bcl hi l^t'ng Henries Uag

in this lonU tchollt tiiginnc to tell md hh man,

%)c atJiic- thrc Jorcthrrn that is iiXoUrcs sons bocrt

SlulJ the iAing^ of Almaiue the bcrtlic that to heir them here,

Sic sir William de Valence tints Sir Eimer^ thereto,

^lit of Wincetre anti sir Guy de Lisewi also

Jthoru horn anU thoru the ^Vuene'' toas so much Frenss

folc throttght
SThat of (English men me tolTr as right nought,
Sntj the Iling horn let her Uiill that each Usas as Sing
HntJ nome ^oure men goU, anij ne jjaieUc nothing.
tlTo eni of this brethren nuf thcr jilciniUe enn boigfit
?i;ii scije, j)uf boc tioth on torong, h)o ssall ou fco right :
2ls boo seith Ujc beth IXings, br bjille h)e mohie Xio,
SuiJ mann Englisse alas hullje miU hom also.
;^o that thoroxi (Botites Qrace the Carles at last,
SlnTj the Bisho|}S of the lonti, anlJ isarons besjjeahe baste.
Chat the hin^ Englissemen of S.ontie hii biolUc out caste,
!HnU that long brin j; .nJToun, jjuf her })oer laste.
Cherof" hii nome confcst, anJj to the i^ing hii senlr,

1 42. //'//. 3.

- (I III/ of J^uxiipiav, ]\"iUiam of Valence, and Athelwar, his half-
IjrotlieiH, Kuiis of Innlicl J\iiiy John's Dowager, dau.L;liter to Alviar
Karl of jLiKjoiisriw, niairiod to lliujli, Jlrownc Earl of Murchiw Poiters.

■' liichnril Marl of Connaill son to King John. * Afhelmarus.

" Eliuuvr daughter to liainund Earl of Provence. ® They took.


Co abfcc^ ^ite of his lonU anlj suiche mannrrs nmrn^c.
^0 thfr at lastc hit brought him thrrto
Co make a |3tiniciancc amcntjmcnt to tjo,
9lnl3f malie it Uias at Oxenford, that lonU bor to sc^tc,
2Cuelf huntirctr as m -ntx oC @iacc anU fi'ftn au^ oc^hte,
i^ight afaoute iiiissomer fouvtcne night it lastc
Che dlBrlfS autj thr Barons lucre h)cU stutjc baste"
. Hor to amculji that l-ontr as the GBrlc of Gloucetre,
^ir Richard, anti sir Simond ^rle of Leicetre
Qnl)t sir lohn le Fiz-Geffry anlj other J3aroitS inobie
^0 that at last tije E* therto hii tjfrotoe,
Co remiu the Frensse tncn to lifabe'^ hcwontje sc
?3i tior lonJjs her anU thcr antj nc come noght age.^
EntJ to granti god^ lawes antr the Old Charter also
Chat so oftc h3as igrantclj cr, nxCti so oft bnljo.
i^ereof baas the Chartre imatie anU asclcU bast there
©f the Bing anti of otljer \)tx)t men that ti)ere hjctc:
Cho nome tentjc tajiers'' the i)tshoj)S m hor honti
flnH the it. himselfe ant) other hejje men of the lont(,
Che })isho))S amaitseti" all that there agon baerc
SIntJ eucr ett bnUtiKe the labacs that loheU bjcre there,
ittitj berninge tajjeres ; anK snch as lastc,
Che 3^ing ant) others seiUe ^men anU the Capers atJouii
If particulars of the story, with precedents and conse-
quents, be desired, above all I send you to Matthew Farts,
and IVUliam Itishanger, and end in adding that these so con-
troverted Charters had not their settled surety until Ed. I.
Since whom they have been more than thirty times in Par-
liament confirmed.

188. The seat on which her Kings inaugurated tuere.

Which is the Chair and Stone at JVestminster, whereon

1 Have. 2 Steilfast. ^ u^^.q 4 Again. " Good.
* Kindled tapers. ' Cursed.


our Sovereigns are inaugurated. The ScoftisJi^ stories (on
whose credit, in the first part hereof, I importune you not
to rely) affirm that the Stone was first in Gallicia of Spain
at Brigantia (whether that be Compostella, as Francis Tarapha
wills, or Coronna as Florian del Campo conjectures, or Betan-
sos according to Mariana, I cannot determine) where Gathel,
King of Scots there, sat on it as his throne : Thence was it
brought into Ireland by Simon Brech first King of Scots *
transplanted into that Isle, about 700 years before Christ :
Out of Ireland King Ferguze (in him by some, is the begin-
ning of the now continuing Scottish reign) about 370 years
afterward, brought it into Scotland, King Kenneth some 850
of the Incarnation, placed it at the Abbey of Scone (in the
Shrifdome of Ferth) where the Coronation of his successors

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