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Robert Henry.

The history of Great Britain : from the first invasion of it by the Romans under Julius Cæsar. Written on a new plan (Volume 3) online

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removed from thence until our debt is paid to us. The
clear overplus fhall be left, to the executors to fulfil the
lafL-will of the defund ; and if nothing is owing to us
by him, ail the chattels fliall fall to the defunct, favinor

to his wife and children their reafonable Ihares. If any 27

freeman fliall die intefiate, his chattels fhall be diftributed
by his nearefl: relations and friends, at the view of the
church, faving to every one the debts which the defun<5t

owed to him No condable or baijiff of ours fhall take 28

the corn or goods of any one, without inftantly paying
money for them, unlefs he can obtn.in refpite from the

free ' will of the feller. No conftable (governor of a. 2Q

caflle) fhall diflrain any knight to give money for caitle-
guard, if he is willing to perform it by his own perfon,
or by another good man if he cannot perform it himfelf,
for a reafonable caufe. Or if we have carried or fent
him into the army, he fnall be excufed from cafWe-guard,
according to the fpace of time he hath been in the army

at our command. -No fheriff or bailiff of ours, or 30

any other perion, fhall take the horfes or carts of any
freeman, to perform carriages, without the confent of the -

faid freeman Neither we, nor our bailiffs, fhall take 01

another man's wood, for our caliles or other ufes, without

the confent of him to whom the wood belongs. We 72

will not retain the lands of thofe who ha^^e been convi6ted

of felony, above one year and one day, and then they fhall

be given up to the lord of the fee. — —All kydelis (wears) 33

for the futnre fhall be quite removed out of the Thames, the

Medway, and through all Eng]rt.nd, except on the fea-coaft.

The v/rit which is called Firafie for the future fhall not 34
be granted to any one concerning any tenement by which a

freeman may lofe his court ^There fhall be one meafure

of wine throughout our kingdom, and one meafure of ale,
and one meafure ol corn, viz, the ouaiter of London ; and

( one



/



35



586 APPENDIX.

one breadth of dyed-cloth and of ruffets, and of halberje^^,
viz. two ells within the hfts. It (hall be the fame with

•26 weights as with meafures. Nothing (hall be given or taken

for the future for the writ of inquifition of life or Hmb ; but

37 it fliallbegiven^r^/zV, and not denied. If any hold of us

by fee farm, or foccage, or burgage, and holds an eftate of
another by military fervice, we (hall not have the cuftody of
the heir, or of his land, which is of the fee of another, on
account of that fee-farm, or foccage, or burgage, unlefs the
fee-farm owes military fervice. We fhall not have the cus-
tody of the heir, or of the land of any one, which he
holds of another by military fervice, on account of any pet-
ty fergeaticy which he holds of us, by giving us knives, ar-

38 rows, or the like. No bailiiF, for the future, fhall put any

man to his law, upon his own fimple affirmation, without

•jQ credible vvitneffes produced to that purpofe. No freeman

fhall be feized, or imprifoned, or diffeifed, or outlawed, or
any way deftroyed, nor will we go upon him, nor will we
fend upon him, except by the legal judgment of hrs~peers, or

40 by the law of the land <^ . To none will we fell, to none

. J will we deny, to none will we delay right or juflice All

merchants fhall be fafe and fecure in coming into England, and
going out of England, and ftaying and travelling through
England, as well by land as by water, to buy and to fell,
without any unjufl exactions, according to ancient and right
cuftoms, except in time of war, and if they be of acountry at
"war againlt us. And if fuch are found in our dominions at the
beginning of a war, they fhall be apprehended without in-
jury of their bodies and goods, until it be known to us, or
to our chief jufHciary, how the merchants of our country
are treated in the country at war againfl us ; and if ours are

A^ fafe there, the others fhall be fafe in our country. It fhall

be lawful to any perfon, for the future, to go out of our
kingdom, and to return, fafely and fecurely, by land and by
water, faving his allegiance, except in time of war, for
feme fiiort fpace, for the common good of the kingdom,
except prifoners, outlaws according to the law of the land,
and people of the nation at war againft us, and merchants,

43 who fnall be treated as is faid above. If any one holdeth

of zny efc.heat, as of the honour of Wailingford, Notting-
ham, Boulogne, L^ncaftre, or of other efcheats which are
in our hands, and fhall die, his heir fliall not give any
other relief, or do any other fervice to us, than he fhould
have done to the baron, if that barony had been in the
hands of the baron ; and we wiU hold it in the fame manner

4t that the baron held it. Men who dwell without the forefl,

^^ fhall

c See p. 356, 357. of this volume.



APPENDIX. 587

fhall not come, for the future, before our juftlclaries of the No. II.
foreft, on .a common fummons, unlefs they be parties in a ^— _/
plea, or fureties for foraeperfon or perfons who are attached

for the foreft. We will not make men jufticiaries, confta- ac

bles, flierilfs, or bailiffs, unlefs they underftand the law of the

land, and are well difpofed to obferve it. All baions who .^

have founded abbeys, of which they have charters of the
Jdngs of England, or ancient tenures, fhall have the
cu ftody of them when they become vacant, as they

ought to have. All foreils which have been made in our a7

time, fhal] be immediately disforefted ; and it fhall be fo done
with water-banks which have been made in our time, in defi-
ance. All evil cuftoms of forefts and v/arrens, and of ^g

forefters and warreners, (lieriffs and their officers, water-
banks and their keepers, fliall immediately be inquired into
by twelve knights of the fame county, upon oath, who (hall
be chofen by the good men of the fame county; and within
forty days after the inquifition is made, they fhall be quite de-
ft:royed by them, never to be reftored, provided that this
be notified to us before it is done, or- to our jufi:iciary, if we

are nOt in England. 'We v/ill immediately refiore all liofl-

ages and charters which have been delivered to us by the Eng-
liih, in fecurity of the peace, and of their faithful fervice.

We will remove from their offices the relations of Gerard

de Athyes, thatj for the future, they lliall have no office in
England, Engelard de Cygony, Andrew, Peter, and Gyone
de Chancel], Gyone de Cygony, Geoifery de Martin, and
his brothers ; Philip Mark, and his brothers ; and Geoffray

his grandfoa ; and all their followers. And immediately tf

after the conclufion of the peace, we will remove out of the
Ij^ingdom all foreign knights, crofs-bow-men, and ftipendiary
foldiers, who have come with horfes and arms to the mo-

kftation of the kingdom. —If any have been difTeifed or ^2

difpoffefTed by us, without a legal verdift of their peers, of
their lands, caftles, liberties, or rights, we w^ill immediately
reftore thefe things to them ; and if a queftion fhall arife on
this head, it ffiall be determined by the verdi6t of the twen-
ty-five barons, who fhall be mentioned below, for the fecu-
rity of the peace. But as to all thofe things of v/hich any
one hath been diffei'ed or difpoffeifed, wiihout a legal verdict
of his peers, by king Henry our father, or king Richard our
brother, which we have in our hand, or others hold with our
warrants, we fiiall have refjjite, until the common term of the
Croiiaders, except thofe concerning which a plea had been
moved; or an inquiiition taken, by our precept, before our
taking the crofs. But as foon as we fhall return from our ex-
pedition, or if, by chance, we fnall not go upon our expedi^

tion, we lliall immediately do complete juflice therein. •

But



49

SO




588 APPENDIX.

But we fhall have the fame refpite, and in the fame manners,
concerning the juftice to be done about disforefting or conti-
nuing the fore its which Henry our father, or Richard our
brother, had made ; and about the wardfhip of land^ which
are of the fee of fome other perfon, but the wardfhip of
which we have hitherto had, on account of a fee which fome
one held of us by military fervice ; and about abbeys which
had been founded in the fee of another, and not in ours, in
which abbeys the lord of the fee hath claimed a right. And
when we fhall have returned, or if we fliall ftay from our ex-
pedition, we iliyJl immediately do complete juftice in all thefe •
pleas. — . — No man fhall be apprehended or imprifoned on the

■^ ' appeal of a nvoman^ for the death of any other man than her
hufband. All fines that have been made with us unjuftly, or

■^■^ contrary to the law of the land ; and all amerciaments that
have been impofed unjuftly, or contrary to the law of the

^ land, fhall be remitted, or difpofed of by the verdid of the

twentv-five barons of whom mention is made below for the
iecurity of the peace, or by the verdict of the major part of
them, together with the forefaid Stephen archbifliop of Can-
terbury, if he can be prefent, and others whom he may think
fit to bring with him ; and if he cannot be prefent, the bufi-
nefs fhall proceed notwithftanding without him : but fo, that
if one or more of the forefaid twenty-five barons have a iimi-
Lr plea, let them be removed from that particular trial, and
others eledled and fworn by the refidue of the fame twenty-

^^ five, be fubflituted in their room, only for that trial. If

^ we have diifeifed or difpoffeffed any Weifhmen of their land,

liberties, or other things, without a legal verdid of their peersi,
in England or in Wales, they fhall be immediately reflored
to them ; and li a queflion fhall arife about it, then let it be
determined in the marches by the verdiifl of their peers,
if the tenement be in England, according to the law of
England : if the tenement be in Wales, according to the law
of Wales : if the tenement be in the marches, according to
the law of the marches. 1 he Welfli iliall do the fame to us

-^ and our fubjeCts. — — But concerning thofe things of which
any Wellhraan hath been diffeifed or difpoffefTed without a
legal verdifl of his peers, by king Henry our father, or king
"Richard our brother, v/liich we have in our hand, or others
hold with our warranty, v/e fhall have refpite, until the com- .
mon term of the Croifaders, except thofe concerning which
a plea had been moved, or an inq^uifition taken, by our pre-
cept, before our taking the crofs. But as foon as we fhall re-
turn from our expedition ; or if, by chance, we fhall not go
upon our expedition, we fhall immediately do complete juf-
tice



A P P E N D I X. ^ 589

tice therein, according to tlie laws of Wales, and the parts No. II.

aforefaid. We will immediately deJiver up the Ton of U ' ^ '•*■ ■■ ,J

I.ewehne, and all the hoftages of Wales, and charters which ^g
have been given to us for fecurity of the peace.— — We fhall rg
do to Alexander king of Scotland, concerning the reftora-
tion of his filters and hoftages, and his liberties and rights,
according to the form in which we a6l to our other barons o^
England, unlefs it ought to be otherwife by charters which
we have from his father William late king of Scotland, and

that by the verdict of his peers in our court. Bat all thefe ^q

forefaid cuftoms and liberties which we have granted in our
kingdom, to be held by our tenants, as far as concerns us,
all our clergy and laity fhall obferve towards their tenants, as

far as concerns them. But fince we have granted all thefe

things aforefaid, for God, and to the amendment of our
kingdom, and for the better extinguifhing the difcord arifen
between us and our barons, being defirous that thefe things
fliould poffefs entire and unfhaken liability for ever, we give
and grant to them the fecurity underwritten, viz. That the
barons may elect twenty-five barons of the kingdom, whom
they pleafe, who fhall, with their whole power, obferve and
keep, and caufe to be obferved, the peace and liberties which
we have granted to them, and have confirmed by this our
prefent charter, In this manner. That if we, or our jufHci-
ary, or our bailiffs, or any of our officers, fhall have in-
jured any one in any thing, or fhall have violated any article
of the peace or fecurity, and the injury fhall have been fhown
to four of the forefaid twenty-five barons, thefe four barons
fhall come to us, or to our jufticiary if we are out of the king-
dom, and making known to us the excefs committed, re-
quire that we caufe that excefs to be redrefTed without delay ;
and if we fhall not have redrefTed the excefs, or, if we have
been out of the kingdom, our jufticiary fhall not have re-
dreffed it, within the term of forty days, computing from
the time in which it fhall have been made known to us, or ta
our jufticiary if we have been out of the kingdom, the fore-
faid four barons fhall lay that caufe before the refidue of the
twenty-five barons ; and thefe twenty-five barons, with the
community of the whole land, fhall diftrefs and harafs. us by^
all the ways in which they can, that is to fay, by the taking
of our caftles, lands, and pofTeffions, and by other means in
their power, until the excefs fhall have been redrefTed, ac-
cording to their verdidl ; fiiving our perfon, and the perfons
of our queen and children ; and when it hath been redrefTed,
they fhall behave to us as they had done before : and who-
ever of our land pleafeth, may fwear, that he will obey the

commands



590 APPENDIX.

No. II. commands of the forefaid twenty-five barons, in accomplifh-
ing all the things aforefaid, and that with, them he will
harafs us to the utmoft of his power : and we publicly and
freely give leave to every one to fwear who is willing to fwear ;
and we will never forbid any man to fwear. But all thofe of
our land, who, of themfelves, and their own accord, are un-
willing to fwear to the twenty-five barons, to diftrefs and
harafs us together with them, we will compel them, by our
command, to fwear as aforefaid. And if any one of the
twenty-five barons fnall die, or remove out of the land, or
in any otlier way fnall be prevented from executing the
things above faid, thofe who remain of the twenty-five
barons fhall eleft another in his place, according to their
pleafure, who fhall be fworn in the fame manner as the reft.
But in all thofe things which are appointed to be done by
thefe twenty-five barons, if it happen that all the twenty-five
have been prefent, and have differed in their opinions about
any thing, or if fome of them who had been fummoned,
would not, or could not be prefent, that which the major
part of thofe who were prefent fhall have provided and de-
creed, fhall be held as firm and valid, as if all the twenty-five
had agreed in It. And the forefaid twenty-five fhall fu'ear,
that they wijl faithfully obferve, and, to the utmofl of their
power, caufe to be obferved, all the things mentioned above.
And we will obtain nothing from any one, by curfelves, or
by another, by which any of thefe conceflions and liberties
may be revoked or dirainifiied. And if any fuch thing hath
been obtained, let it be void and null ; and we will never ufe
it, either by ourfelves or by another. And we have fully
remitted and pardoned to all men, ail the ill-will, rancour,
and refentments which have arifen between us and our fub-
jeds, both clergy and laity, from the commencement of the
difc®rd. Belldes, we have fully remitted to all the clergy
and laity, and as far as belongs to us, we have fully par-
doned all tranfgreffions committed on occafipn of the faid
difcord, from Eafler, in the fixteenth year of our reign, to
the conclufion of the peace. And, moreover, we have caufed
to be made to them teftimonial letters-patent of my lord
Stephen archbifhop of Canterbury, ray lord Henry avchbifhop
of Dublin, and of the forefaid bilhops, and of Mr. Pandulf,
concerning this fecurity, and the forefaid conceiIiv3ns.
Wherefore, our will is, and we firmly command, that the
church of England be free, and that the men m our king-
dom have and hold all the forefaid liberties, rights, and con-
ceffions, well and in peace, freely and <]uietly, fully and
entirely, to them and their heirs, of us ,ajid <?.ur heirs, in all

thin'gs



APPENDIX.

things and places for ever, as aforefaid. An oath hath been
taken, as well on our part, as on the part of the baron
that all thefe things mentioned above fhall be obferved in good
faith, and without any evil intention, before the above-
named v/itnefTes, and many others. Given, by our hand, in
the meadow, which is called Runingmed, between Wind for
and Stains, this fifteenth day of June, in the feventeenth
year of our reign.




NUMBER III.



AD PETRUM AMICUM MEDICUM.



Argumentum.] Indlcat Petro Medicinae perito fe ex in-
tinere aegrum nobilem virum invififle, & medicinara illi fe-
ciffe : rationem morbi & medicinae exponit ; ac de caeter«
segruni illius curse coxnmittit.



Ckarijfimo amico fuo Petro, Magi ft er P, Blefenjis^
falutem in vero falutari,

NU P E R ingrediebar Ambaziam, ubi vir nobilis Gelde- No. III.
winus graviter sgrotabat : occurritque mihi dominus
caftri, rogans humiliter & obnixe, ut diverterem ad infirmum.
Aflerebat enim quod etfi manum curationis ei non apponerem,
haberet tamen ex vifitatione mea qualecumque folatium.
Ad inftantia mitaque magnatum, qui pro infirmo devotiffime
fupplicabant, triduum ibi feci. Et quia propter occupationes
meas, quas ipfe noviftis, moram non poteram ibi facere lon-
giorem, conhlium meum fuit, ut vocarent vos ; pinguique
retributione veftram circa infirmnm diligentiam excitarent.
Licet autem litis circumfpe^Slus in his, tanquam fimilia fre-
quentur expertus : quia tamen teftimonio Hippocratis ,ert ex-
perimentum fallax, & quandoque uni revelat Dominus, quod

I abfcondit



59^



APPENDIX.



No. IIL abfcondit ab aliis : non tasdeat vos audire hiijus asgritudrnis
V- — y->*^ modum : fymptomata etiam, quas plenius vos inflruent : et
quibus aiixiliis in segritudine fjt utendum. Commune qui-
dem medicorum vitium efi:, femper circa a?gritadines variare :
unde (i tres aut quatuor ad i^firmum veniunt, nunqnam in
allignatione caufcs, vel exhibitione curat convcniimt. Porro,
ficut nos duo fumus conformes in votis, iic & decet, ut iden-
titas lit in noflris operibus, & in verbis. Ego fiquidem pri-
mitias curationis adhibui : certufqvie fam, quod affequetur de
facili fanitatem, fi fit qui prudenter continuet manum fuam.
Noveritis autem certiflime, quia medium hemitritaeum patitur:
cum enim patiatur continue de tertio in tertium, magis affligi-
tur. Scitis autem quod ii minor hemitritasus eiTet, cum ha-
beat generari ex phlegmate putrefafto in valisj & extra, luos
nunquam tertiaret affuhus. Quod fi major hemitritasus eflet,
proper putrefa-flioneni melancholias intus & extra in motu ma-
terise interior-is, «ger etiam motum & aptitudinera membro.-
rum amitteret : dentes etiam ipfius ad fe invicem ciauderen-
tuT. Quas omnia, quia in hac febrs minime accidunt, conitat
- medium efTe hemitritasum provenientem ex cholera in vafis
& flomacho putrefada. Nam fi in hepate putrefadta eflet,
quod quandoque folet accidere, urina rubea & tenuis mina-
retur adu^ionem, & ad nigredinem pertineret : quod, quia
non accidit, videtis raateriam in vafis & ftomacho refidere.
Ex quo igitur veni, quia ipfa die eura febris invaferat, feci ei
vcnam hepaticam aperiri. Et quia, dum morbus in" augmen-
tc eft (quod ex eo liquet, quia adhuc eli: urina rubea & te-
Euis), nondum eft purgatione utendum, uftis fura repreffivis,
olcumque violaceum fu])er cor & hepar, ac fronti ejus appoiui.
Reftat igitur, ut cum urina fpiiTior plenae digeftionis tempus
nuntiaverit, detis ei frigidum caphonis, quod dare tutius eft,
quam oxi, vel aliud : nam in illo tota maiitia fcammoneae be-
neficio deco^tionis evanuit. Optima etiam ei effet deco<5tio
cafficE tiftufe myrobalanorum citrinomm cum capiilis Veneris
et feminlbus citroli, cucurbitae, & melonis : fi tamen infirmi
vires haec videritis polTe pati. Dietam, ficut fcitis, oportet
cfTe pertenuem : ptifanam fcilicet, & micam panib ter in aquis
aut quater ablutara, fomentationefque de maluis, & violis, &
papavere, non deficiant circa pedes : nam ibi calor plurimuni
tDvalerdt. Si vero vehemens calor arcem capitis, ficut eve-
nire Iblet, invaferit, radatur caput, atque aqu i rofacea, &
fucco folatri, ac Temper vivae, cralTuicC etiam, & vermicularis,
atque plantaginis, pannorum intindlione, caput, frons, & ictn-
pora mulceantur. Propter ingruentiara fitis lingua lavetur,
ilcut fcitis, cum pfyllio, lignoque radatur. Ad infomnitdtes,
papitveris nign, maluas, violje hyofcyami decodlia pedibus,

herbosque



APPENDIX, 593

hcrbasque decodlas capiti appdnantur. Contra inobedlentlam No. III.
rentris fiat fuppofitorium, aut ciyftere. Haec ideo fcribo vo-
bis, non ut indigeatis inftrui, fed ut vobis fecurior, & segroto
acceptior fit medicina, quae de noftra communi deliberati-
one procedit. Frequenter enim ex aptitudine medici gra-
tiofa, ex quadam confidentia quam acgrotus inde concipit, na-
turajam deficiens convalefcit. Oportet igitur vos circa hunc
circumfpeftum efie ac ftrenuum, de cujus convalefi:entia, &
magni titulus honoris vobis accrefi:et, & utilitas refpondebit
ad votum.



NUMBER IV.

Permiflion of Richard I. for holding tourna-
1 ments in England.



RICHARD, by the grace of God, &c. to the reve- No. IV,
rend father in Chrift, Hubert, Arch, of Cant. &c.
greeting. Know, that we have permitted turnaments to be
held in England, in five places ; between Sarum and
Wilton, between Warev/icke and K ending worthe, be-
tween Stamford and Warrinford [Wallingford], between
Brakeley and Mixebery, between Blie and Tykehill ; yet
fo that the peace of our land be not broken, nor juftice
hindered, nor damage done to our forefts. And an earl
who fhail turney there, fhall pay us 20 marcs, and a baron
10 marcs, and a knight who has land, 4 marcs, and gi
knight who has no land, 2 marcs. No foreigner fhall tur-
ney there. Wherefore we command you, that on the day
of the turnament you fiiall provide, at each place, two
clerks and [your] two knights, to receive the oaths from the
earls and barons, for their fatisfadion, concerning the afore-
faid funis, &c.

Q-q

END OF THE THIRD VOLUME.



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Online LibraryRobert HenryThe history of Great Britain : from the first invasion of it by the Romans under Julius Cæsar. Written on a new plan (Volume 3) → online text (page 54 of 54)