HE SPARKS

LIBRARY.

[MISCELLANY.] Collected by

JARED SPARKS, LL. Z>.,

President of Harvard College.

Purchased by the Cornell University,

1875.

RM^*9

9 "->••

s^

A"*J'

THE

H I S T O R Y;

OF

,- v -v

GREAT BRIT A I N^fv

FROM THE

FIRST INVASION OF IT BY THE ROMANS UNDER JULIUS C.ESAR.

WRITTEN ON A NEW PLAN.

By ROBERT HENRY, D.D.

ONE OF THE MINISTERS OP EDINBURGH, MEMBER OF THK

SOCIETY OF ANTIQUARIANS OF SCOTLAND, AND OF

THK BOYAL SOCIETY OF EDINBURGH.

THE FIFTH EDITION.

IN TWELVE VOLUMES. VOL. VI.

LONDON:

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NIVEKS1TY LIBRARY^

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OF

THE SIXTH VOLUME.

BOOK ffl. Continued.

CHAP. III. Page

Hiftory of the Conftitution, Government, and JLaws of Great Britain, from the landing of William Duke of Normandy, A. D. 1066., to the death of King John, A. D. 1 2 16. i

Seft. I. Hiftory of the changes in the conftitution, government, and laws of England) that were made in the reign of William I. from A. D. 1066. to A. D. 1087. - . -a

Seft. 2. Hiftory of the changes in the conftitution, government, and laws of England, in the reigns of William II. Henry I. Stephen, Henry II. Richard I. and John, from A. D. 1087. to A. D. 1216. - - ' F f 54

SOL. VI. *

CONTENTS.

CHAP. IV.

The Hiftory of Learning in Great Britain, from the landing of William Duke of Normandy, A. D. 1066., to the death of King John, A. D. 1216. Page 87

Seft. i. An account of the fciences that were cul- tivated in Great Britain, from A. D. 1066. to A. D. 1216, of the improvements that were made in them, and of the reafons of thefe improvements 8 8

Seft. 2. Hiftory of the moft learned men who flou- rimed in Britain, from A. D. io6(x. to A. D. 1216. 121

Sect. 3. Hiftory of the chief feminaries of learning in Great Britain from A. D. 1066. to A. D. 1216. 155

CHAP. V.

Hiftory of the Arts in Great Britain, from the the landing of William Duke of Normandy, A. D. 1066., to the death of King John, A. D. 1216. -,172

Seft. i. Hiftory of the neceflary arts in Britain, from A. D. 1066. to A. D. 1216. - - - 173

Seft. 2. The Hiftory of the fine or pleafing arts of fculpture, painting, poetry and mufic, in Great Britain, from A. D. 1066. to A. D. 1216. - 218

CHAP. VI. ,

Hiftory of Commerce, Coin, and Shipping in Great Britain, from the landing of Wil- liam Duke of Normandy, A. D. 1066., to the death of King John, A. D. 1216. - 255

CONTENTS. iii

CHAP. VII.

The Hiftory of the Manners, Virtues, Vices, remarkable Cuftoms, Language, Drefs, Diet, and Diver (ions of the people of Great Britain, from the landing of William Duke of Normandy, A. D. 1066., to the death of King John, A, D. 1216. - Page 313

APPENDIX to BOOK III.

NUMBER I. Magna Carta Regis Johannis, xv die Junii MCCXV. anno regni xvii ... 381

NUMBER II. Tranflation of the Great Charter of King John, granted June I5th, A. D. 1215. in the feven- teenth year of his reign - 393

NUMBER III. Epiftola P. Blefenfis ad Petrum amicum medicum - - 407

NUMBER IV. Permiffion of Richard I. for holding tour- naments in England - - 409

THE

THE

HISTORY

OF

GREAT BRITAIN.

BOOK III.

CHAP. III.

Hi/lory of the Conjlitution, Government, and Laws of Great Britain, from the landing of William Duke of Normandy, A.D. 1066., to the death of King John, A. D. 1216.

npHOUGH the Norman conqueft was not Plan of -A. near fo fanguinary as the Anglo-Saxon, thischaP- it cannot be denied that it was productive of very important changes in the Hate of England, and particularly in its conftitution, government, and laws, the fubje6l of the prefent chapter. To prevent the repetition of the delineation that hath been already given in the third chapter of the preceding book, of thofe parts of the Anglo-Saxon conftitution that were VOL. vi. B ftill

HISTORY OF BRITAIN. Book III.

flill retained in this period ; it is propofed to divide this chapter into two feclions ; and, in the firfl of thefe, to give a very brief account of the mod confiderable changes that were intro- duced by William I. into the conftitution, government, and laws of England ; and, in the fecond, to defcribe, with equal brevity, the fuccefiive alterations in all thefe, that were made by the other princes who reigned in this period. The laws of hiftory will not admit into thefe feclions thofe particular details, minute diilinc- tions, and controverfial difquifitions, that would be proper in a work on law and government ; and I am fully determined that they fhall not be fwelled with unfriendly depreciating ftridlures on the labours of other writers.

SECTION I.

Hijlory of the changes in the Con/litutwn, Govern- ment, and Laws of England, that were introduced in the reign of William I. from A. D. 1 066. to A.D. 1087.

Thofe in r >HE changes in the ranks and degrees of men

the loweft

„_ T1

rank info- ^ *n fociety, that were introduced into Eng- ciety were land at the Norman conqueft, feem to have been rather nominal than real. Thofe who occupied the loweft rank, dill continued in a flate of flavery ; and we have good reafon to believe, that their numbers were rather increafed than

dimi-

Chap. 3. Sea. i. CONSTITUTION, &c.

diminifhed by that event. None of the Anglo- Saxon ferfs, who were annexed to the lands which they cultivated, and had been ufually transferred with them from one proprietor to another, could entertain the leafl hopes of obtaining freedom, or even a mitigation of their fervitude, when thefe lands were beftowed on the enemies and con- querors of their nation r. On the contrary, many of the Englifh, who had formerly been free, having been taken prifoners at the battle of Haflings, or in fome of the fubfequent revolts, were reduced to flavery ; and thought themfelves very happy if they preferved their lives, though they loft their freedom. The Norman con- querors for fome time treated their Englifli flaves with fo much feverity, that a contemporary writer declines giving any defcription of it, " becatife its inhuman cruelty would appear in- " credible to pofterity." 2

The condition of all thefe unhappy people, in Different this period, was not equally abje6l and wretched. j!jinds of There were different degrees of fervitude, and domeftic different kinds of flaves that were called by flaves* different names, viz. i . Villains in grofs, who were the perfonal property of their mailers, and performed the lowefl and mod laborious offices about their mailers houfes 3. This clafs of flaves feems to have been very numerous ; for Roger Hoveden tells us, that from the reign of Wil-

' Ingulph. Hift. fub fin. 5 Hift. Elienf. apud Gale, t.i. p.u6. 3 'Sit Thomas Smith's Commonwealth of England, p. 133.

? 2 liam

HISTORY OF BRITAIN. Book III.

Ham I. to his own time in the reign of King John, there was hardly a houfe or even cottage in Scotland, in which there was not to be found an Englifli flave 4. It is not to be imagined that their more opulent neighbours the Normans and Englifh were worl'e provided than the Scots with domeflic flaves. They had indeed fuch great numbers of them, that they exported and fold many of thefe unhappy perfons in foreign countries. s

2. Villains regardant, or predial flaves, who lived in the country, and cultivated the lands of their mafters, to which they were annexed 6. Thefe were in a better condition than domeftic flaves, and had an imperfect kind of property in their houfes and furniture, and in the little gardens and fmall pieces of ground which they were allowed to cultivate, at leifure times, for their own fubfiftence. But dill their perfons and properties were fo much in the power of their mafters, that they granted or fold them to whom they pleafed 7. Thefe two formed a very nu- merous clafs of flaves, by whom the demefnes of all the earls, barons, bifhops, abbots, and great men of England, were cultivated. The villains belonging to fome of the richeft abbeys amounted to two thoufand.8

4 R. Hoveden. Annal p. 360. col.i.

s Girald. Cambrenf. Hlbernia Expugnat. p. 770.

* Sir T. Smith, p. 113. 7 Ingulph. Hift. p.jao. col.i.

* Walfingham Hift. Aug. p. 25 8.

3. Cottars

Chap. 3. Sea.i. CONSTITUTION, &c.

3. Cottars (who in the barbarous Latin of Cottar*, thofe times were called Cvttarii> becauie they dwelt in fmall huts or cottages, near to the manfions oftheir mailers) compofed another clafs

of flaves frequently mentioned in Doomfday- book. They were fuch as, by the direction of their owners, had been inftru£led in fome handi- craft art or trade, as that of fmiths, carpenters, &c. which they pra&ifed for the benefit of their mafters, and were on the fame footing in all refpe6ls with villains or predial flaves.9

4. Borders, in Latin Bordarii, frequently Borders. occur in Doomfday-book, as diftinguiflied from villains and cottars ; but in what refpe&s they differed from them is not clearly afcertained.

The moft probable opinion feems to be, that they were a kind of upper domeftic fervants, who waited at table (then called bord\ and per- formed other lefs ignoble offices in their mafters houfes, in which they did not refide, but in fmall huts of their own, to which little gardens and parcels of land were annexed, as the fee or reward of their fervices I0. From this fliort and imperfec~l enumeration it is fufficiently evident, that a very great proportion of the people of England, in this period, were in a ftate of fervi- tude, or rather in a ftate of flavery.

As all the children of flaves were by their birth in the fame degrees of fubje&ion to the fame mafters with their parents, this order of

9 Spelnaan. DuCange, invoc, '• Spelman Cloftin voc,

B 3 men

g HISTORY OF BRITAIN. Book III.

men muft have increafed exceedingly, if many of them had not from time to time obtained their freedom. This they did by various means, but chiefly by uncommon fidelity and diligence, which excited the gratitude of their matters, and engaged them to make them free ". The grant- ing freedom to a certain number of flaves was fometimes enjoined by the clergy, and fome- times voluntarily performed by penitents, in order to obtain the pardon of their fins, and for the good of their fouls. The ceremony of manu- miflion was commonly performed at church, or at the county-court, when the mafler, taking his flave by the hand, declared that he made him free ; after which he gave him a fword or fpear, the arms of a freeman ; and then commanding all the doors to be thrown o£en, allowed him to go where he pleafed '2. Thefe freed-men pofieffed the fame place in fociety in this period, that the free-lazen had pofTefied in the times of the An- glo-Saxons.

Defcrip. The middle rank in fociety, that filled up the

tionof interval between the freed-men on the one hand,

the middle an(* tne nobleffe and baronage on the other, was

ranks in chiefly compofed of three different bodies of men,

which had been formerly very diflincl;, but were

now united, i. Thofe Anglo-Saxon ceorlswho

had remained neuter in the quarrel between

William and Harold, and had not joined in any

11 Glanvill de Confuetudini Anglise, 1.5. 0.5. 11 Leget Willielmi I. L6j. Henrici 1. 1.78, &c.

Of

Chap. 3 . Sea. i . CONSTITUTION, &c.

I of the fubfequent revolts, and were therefore

allowed to retain their rank as well as their pof. feflions, though, for their own greater fecurity, they generally put themfelves under the protec- tion of fome great Norman baron, and became his focmen. 2. Thofe Anglo-Saxon thanes and noblemen who were degraded from their former rank, and divefted of all power, but permitted to retain a part of their poffeflions, under the pro- tection of their conquerors. The number of thefe degraded nobles was not inconiiderable ; for before the end of the reign of William I. there was hardly fo much as one Englifliman who was either earl, baron, biftiop, or abbot13; and for more than a century after, to be an Engliih- man was an effectual exclufion from all prefer- ment14. 3. Thofe Frenchmen, Normans, and others, who fought under their feveral leaders in the conqueft of England, and afterwards fettled on the demefne lands of thofe leaders, and be- came their farmers, focmen, and fmaller vafials. All thefe different kinds of people were by de- grees blended together, and formed a body, from which the yeomanry and many of the gentry of England are defcended. The inhabitants of towns and cities were generally of this middle rank.

The Norman barons formed the highefl order Norman of the ftate, and occupied the fame place in nobility' fociety after the conqueft, that the Anglo-Saxon

" Ingulphi Hift. *4 Eadmer, p. 94. z lo.

B 4 thanes

8 HISTORY OF BRITAIN. Book III-

thanes had pofleffed before that sera, and the nobility and principal gentry of England now poflefs s. They were a numerous, opulent, and powerful body of men, and (when taken in the moil extenlive fenfe) comprehended all the con- fiderable proprietors of land in England, efpe- cially all thofe who held immediately of the king in capite by military fervices. The leffer barons were frequently called tm>«/drs,and correfponded to the leffer Anglo-Saxon thanes, and to the modern Englifti gentlemen of ancient families and large eftates I6. But barons, in this period, mod properly were the greater or king's barons, who held immediately of the king an entire barony, confiding of thirteen knights fees,andthe third part of a knight's fee, yielding an annual revenue of £266 : 13:4, or 400 marks 7 : an ample fortune in the times we are now confider- ing. Thofe who held fuch baronies were the fpiritual and temporal lords of the kingdom, who enjoyed many fingular privileges and immunities, and in their own territories were a kind of petty princes (too often tyrants), poffeffing both civil and military jurifdiction over their vafTals IS. But we (hall meet with a more convenient opportu- nity of confidering the civil authority and mili- tary power of the Norman barons.

Great Though the acceflion of William Duke of

Normandy to the throne of England produced no

15 See vol. 3. p/529- '* Selden's Titles of Honour, p.5i8.

17 Vid. Spelman. Du Cange Gloff. in voc. Baro, Baronia. * Id. ibid.

very

Chap. 3. Sea. i. CONSTITUTION, &c.

very remarkable alteration in the ranks and orders of men in fociety ; it produced many im- portant changes in their political circmnftances, land.

in the tenures by which they held their lands,

the ftrvicesand preftations to which they were fubjected, the magiftrates by whom they were governed, the courts in which they were judged, and the laws they were obliged to obey. Thefe changes were chiefly owing to the efta- blimment of the feudal fyftem of police and go- vernment in England by William I., in the fame ftate of maturity to which it had then attained in his dominions on the continent.

In the Anglo-Saxon times, all the proprietors The(eurfal of land (the clergy at laft excepted) were fub- fy^ee™°f jeered to the three following obligations, com- ment not monly called the trinoda necefjitas: i . To attend alt°sether

» unknown

the king with their followers in military expedi- before the

tions; 2. To aflift in building and defending

the royal caftles ; 3. To keep the highways

and bridges in a proper ftate '". To thefe three

obligations a fourth, called a heriot, was added,

by the laws of Canute the Great ; which con-

fifted in delivering to the king the horfes and

arms of his earls and thanes at their death, with

certain fums of money, according to their rank

and wealth20. That thefe may be called feudal

preftations, and conlidered as a proof that the

feudal form of goverment was not altogether

"> Hickefii Diflertat. Epiftol. p. 60. Reliquiae Spelman. p. 2 a* Wilkins Leges Saxon.

unknown

jo HISTORY OF BRITAIN. Book III.

unknown to the Anglo-Saxons, need not be dif- ptited but to thefe William I. added fo many others, which fhall be prefently def'cribed, that he may be juftly faid to have completed, if not to have erected, the fabric of the feudal govern- ment in Britain.

f ^le f°vereign °f a feudal Hate was, in idea at leaft, the proprietor of all the lands in his dominions71. Part of thefe lands he retained in ettabiifhing his own pofleffion for the maintenance of his the feudal family and fupport of his dignity ; the reft he granted to certain of his fubjec"ls, as benefices or fees for fervices to be performed by them, and on fuch other conditions as he thought proper to require, and they to accept. By the numerous forfeitures after the battle of Haftings, and the fubfequent revolts, and by the abject ftate to which even thofe of the Englim who had not forfeited were reduced, the idea of a feudal fovereign was almofl realized in William I. and he beheld a very great proportion of the lands in England at his difpofal, which enabled him to eftablifh the feudal fyflem of government in its full extent, with little or no difficulty. Nor did he neglect this favourable opportunity of intro- ducing into his new dominions that form of government, to which he and his followers had been long accuftomed, and which was fo well adapted to preferve that important acqui- fition he had made. "

31 Somner on Gavelkind, p. 109. Smith de Republic. 1. 3. c.io. " Coke on Lit. p. i, a. ad Se<3. i. Craig de Feudis, l.z. c. 7.

William

Chap. 3. Sed. i. CONSTITUTION, &c. u

William I. in the diflribution of the territory William I.

•^ I

of England, was not unmindful of the interefts of ™cle very the crown ; but retained in his own pofTem'on no grants of fewer than 1422 manors, befides a great number kndtohls of forefts, parks, chaces, farms, and houfes, in all parts of the kingdom23. As the hopes of obtaining fplendid eftablifhments for themfelves and followers had engaged many powerful barons, and even fome fovereign princes, to em- bark with him in his dangerous expedition, he was induced, both by the dictates of honour and prudence, to gratify their expectations by very liberal grants of lands. To Hugh de Abrencis, his fitter's fon, he granted the whole county of Chelier ; to Robert Earl of Mortaigne, and Odo Bifhop of Bayeux, his two uterine brothers, he gave, to the former 973 manors, to the latter 439 j to Allen Earl of Britanny 442, to Wil- liam de Warrenne 298, to Geoffrey Bifhop of Coutance 280, to Roger Bigodi23, to Wal- ter Giffard 107, to Richard de Clare 171,— to William de Percy 119, and to all his other chieftains according to the different degrees of their power, their fervices, and their favour. 24

None of the grants of land made by William I. Obiiga- were unconditional, but to all of them a great tlonsan*

rtexed to

variety of obligations was annexed. Thefe ob- thefe ligations were of two kinds, viz. i. Services, grants- which contributed to the fplendour of the fove-

2J Doomfday-book paffim.

34 Id, ibid. Dugdale's Baronage, vol.i. p. 60— 369.

reign,

12 HISTORY OF BRITAIN. Book IIL

reign, and fecurity of the kingdom; 2. Pretta- tions of various kinds, which conftituted a con- siderable part of the royal revenue. Military i. The fervices which contributed to the fervices, fplendour of the fovereign, and fecurity of the kingdom, to be performed by the immedi- ate vaffals of the crown, were chiefly thefe three : i. Homage and fealty. 2. Perfonal at- tendance upon the king in his court at the three great feftivals of Chriftmas, Eafter, and Whitfuntide, and in his parliament, at other times, when regularly called. 3. Military fer- vices in the field, or in the defence of caftles for a certain time, with a certain number of men, according to the extent of their eftates. By thefe three things the fovereign of a feudal kingdom was fecured, as far as human policy could fecure him, in a fplendid court for his honour, a numerous council for giving him advice in the arduous affairs of government, and a powerful army for the defence of his per- fon and dominions.

Pecuniary 2. The payments or preftations to which the preftations. immediate vaffals of the crown were fubjefted, and which conftituted a considerable part of the royal revenue, were chiefly thefe fix: i. Re- ferved rents. 2. Wardftiips. 3. On marriages. 4. Reliefs. 5. Scutages. 6. Aids. It is necef- fary to give a very brief delineation of each of the above fervices and preftations.

Homage. The fovereign of a feudal kingdom never appeared in greater glory than when he received

the

Chap. 3, Sea. i. CONSTITUTION, &c. - 13

the homage of his immediate vaflals, in his great court of parliament. Seated on his throne, in his royal robes, with his crown on his head, and furrounded by his fpiritual and temporal nobles, he beheld his greateft prelates and moft powerful barons, uncovered and unarmed, on their knees before him. In that humble pofture they put both their hands between his, and folemnly promifed, " to be his liege-men of life " and limb and worldly worfliip, to bear faith " and troth to him, to live and die with him " againfl all manner of men." 2S

2. The courts of the Anglo-Norman kings Perfonai were at all times very fplendid, but more efpe- ja cially at the three great feftivals of Chrillmas, king's Eafter, and Whitfuntide, when all the prelates, court* earls, and barons of the kingdom were, by their tenures, obliged to attend their fovereign, to aifift in the celebration of thefe feftivals, in the adminiflration of juftice, and in deliberat- ing on the great affairs of the kingdom. On thefe occafions the king wore his crown, and feafted his nobles in the great hall of his palace, and made them prefents of robes, &c. as marks of his royal favour; after which they proceeded to bufinefs, which confifled partly in determining important caufes, and partly in deliberating on public affairs.

25 Spelman, Du Caage, in voc. Homagium, Liglum. Littleton) fed. 85. Bracton, 1.2.0.35. Glanville, 1. 9. c.i. Fleta, l.j. c.x 6.

=* Du Cange. voc. Curia. Craig de Feudis, La. an.

12 3. Mill-

14 HISTORY OF BRITAIN. Book III.

Military 3. Military fervice was the greateft and moft important obligation annexed to the grants of lands made by William I. and other feudal fovereigns, whofe chief intention was, in mak- ing thefe grants, to fecure a fufficient body of troops under proper leaders, well armed, and always ready to take the field, for the defence of the kingdom and the profecution of fuch wars as wrere thought neceflary for the honour of the prince and the profperity of the ftate 2?. Thefe lands, fo granted, may very well be confidered as the daily pay of a certain number of troops which the perfons to whom they were granted were obliged to keep in con (Ian t readinefs for fervice ; and therefore the number of knights fees or ftipends which every (late comprehended was carefully afcertained. To add dill further to the ftrength and fecurity of the kingdom, William I. fubje<Sled the lands of fpiritual barons as archbifhops, bifliops, abbots, and priors, to the fame military fervices with the lands of temporal barons and knights13. From the famous furvey of England, made by the direc- tion of this great prince, and recorded in Doomf- day book, it was found, that the whole kingdom contained 60,2 1 5 knights fees, of which no fewer than 28,115 belonged to the church.29

It is now time to take a very ftiort view of thofe preftations to which the immediate vaflals

" Coke Inftit. 4. p.i9Z. l8 M. Paris, p. 5. col. i. arm. 1070.

19 Spelman. GlofiT. voc. Feodum. Diflertat, de Militi,p. 184, Craig deFeudis, 1.2. c.u.

14 of

Chap. 3. Sea. i. CONSTITUTION, &c. !5

of the crown of England were at this time fub- je6led, and which conftituted a confiderable part of the royal revenue.

1. Though William I. and other feudal fove- Referred

ii

reigns, made large grants of lands to their nobi- lity, clergy, and other vaiTals, they did not relinquifii all connection with and interefl in thefe lands. On the contrary, they granted only the right of uiing thefe lands on certain conditions, ftill retaining the property, or dominium ctireftum, in themfelves : and to put their vafials con- ilantly in mind of this circumftance, they always referred certain annual payments (com- monly very trifling) that were collected by the Iheriffs of the counties where the lands lay. 30

2. When an earl, baron, or other vafial of the Wardfhip. crown, died, and left his heir under age, and confequently incapable of performing thofe per-

fonal fervices to his fovereign to which he was bound by his tenure^ the king took pofl'effion of his eftate ; that he might therewith fupport the heir, and give him an education fuitable to his quality, and at the fame time might provide another perfon to perform his fervices in his room. This right of being the guardians of all minors, male or female, who held their lands of the crown by military fervices, brought confiderable profits into the royal coffers, or enabled the

10 Madox, Hilt. Excheq. c. 10. Craig, de Ftud. 1. 1. c. 9.

prince

1 6 HISTORY OF BRITAIN. Book III.

prince to enrich his favourites, by granting them the guardianfhip of fome of his molt opulent wards. 3I

Marriage. 3. The king's female wards could not marry any perfon, however agreeable to themfelves and their relations, without the content of their royal guardian ; that they might not have it in their power to beftow an eftate that had been derived from the crown on one who was dilagreeable to the fovereign 3i. This was a cruel and ignomi- nious fervitude, by which heireffes of the greateft families and moft opulent fortunes were ex- pofed to fale, or obliged to purchafe the liberty of difpofing of themfelves in marriage by great fums of money, either from the king, or from fome greedy courtier, to whom he had granted or fold their marriage 33. No lefs a fum than ten thoufand marks, equal in efficacy to one hundred thoufand pounds of our money at pre- fent, was paid to the king for the waidfhip and marriage of a fingle heirefs 34. This cruel fervi- tude was afterwards extended to male heirs.

Relief. 4- The king had not only the guardianfhip and

marriage of the heirs of all his immediate vaflals, but he demanded and obtained afum of money from them when they came of age, and were admitted to the pofieffion of their eftates ; and alfo from

31 Craig de Feud. 1. z. c. 2. Spelman Reliquiae, p. 25. Glofl*. voc. Warda. Madox, Ilift. Excheq. c. 10. feft. 4. Glanvil, 1. 7. 0.9.

12 Du Cange, voc. Maritagium. Glanvil, 1. 7. c. 9.

33 Madox, Hift. Excheq. c.io, fed. 4. * Id. Ibid.

thofe

Chap. 3. Sea. i. CONSTITUTION, &c. 1 7

thofe heirs who had been of age at the death of their anceftors. This laft was callecl relief, be- caufe it relieved their lands out of the hands of their fovereign, into which they fell at the death of every pofleffor 3S. . Reliefs were at firfl arbi- trary and uncertain, and of confequence the occaiion of much oppreffion. They were after- wards fixed at the rate of one hundred (hillings for a knight's fee, one hundred marks for a baron, and one hundred pounds for an earldom, which was fuppofed to be about the fourth part of the annual value of each. 36

5. Scutage, or fhield-money, was another Scutage. preflation to which the military vaffals of the crown, both of the clergy and laity, were fub- je6led. It was a fum of money paid in lieu of a6lual fervice in the field, by .thofe who were not able or were not willing to perform that fervice in perfon, or to provide another to per- form it in their room. The rate of this com- mutation was not always the fame, but moil commonly it was two marks for every knight's fee, though fometimes it was only twenty mil- lings, and at other times three marks, or two marks and a half37. This payment became the occafion of much vexation to thofe who owed military fervice to the crown ; becaufe our monarchs fometimes engaged, or pretended to

* Glaiml, 1.9. c.4.

34 Du Cange, voc. Relevium, Madox Hift. Excheq. c.lo. fedl.4.

37 Du Cange, voc. Scutagium.

VOL. vi. c engage,

IS HISTORY OF BRITAIN. Book III.

engage, in expeditions into diftant parts, or at inconvenient feafons, that they might have a pretence for demanding fcutage from their vafials. 33

A"1* 6. Befides all the above payments, the imme-

diate varTals of the crown, who were prefumed to be poffeffed of much affection and gratitude to their fovereign for the favours they had received from him, granted, or rather complied with the demand of certain pecuniary aids, on fome great occafions, when he flood in particular need of their affiftance. The occafions on which thofe aids were demanded and granted, were thefe three: i. To make his eldeft fon a knight; 2. To marry his eldeft daughter; 3. To ran- fom his perfon when he was taken prifoner in war. The rate of thefe aids was alfo unfettled ; but it feems to have been moft frequently one mark, or one pound, for every knight's fee. 39

Subinfeu- There is fufficient evidence, that all thefe fer- dation. vices and preftations, fo troublefome in them- felves, and fo liable to be rendered oppreffive and intolerable, were brought from Normandy, and impofed by William I. on the leaders of his victorious army, to whom he granted great eftates in England. But thefe were far from

^ Du Cange, voc. Scutagium, Madox Hift. Excheq. c.i6.

39 Spelman Du Cange, GIofT. voc. Avxiltum. WUdox Hill. Ex- «heq- c 15. Glanvil, 1.9. c 8.

being

Chap. 3. Sea. i. CONSTITUTION, &c. lg

being the only perfons who felt the weight of thofe feudal fervitudes. For the Norman and other barons, who received extenlive tra6ls of land, imitated the example of their fovereign in the difpofal of thefe lands. They retained part of them lying contiguous to their caflles in their own pofleffion, which were called their demefnes; and the reft they granted to their followers, who had fought under their banners, on terms exactly fimilar to thofe on which they had received them from the crown. The vafTals of every baron did him homage, with a refervation of their homage to the king, which was fometimes not much regarded. They gave perfonal attendance in his court at ftated times, or when regularly called. They followed him into the field with a certain number of troops, according to the quantity of land they had received. They paid him certain referved rents. Their heirswere his wards when under age. They could not marry without his confent. They gave him a relief when they obtained porTeffion of their eflates ; and aids for making his eldeft fon a knight, for marrying his eldeft daughter, and for redeeming his perfon from captivity. In a word, a feudal baron was a king in miniature, and a barony was a little kingdom. Even the vaffals of barons fometimes granted fubinfeudations, but always exactly on the fame plan. By this means all the diftrefsful Servitudes of the feudal fyflem defcended from the fovereign to the meaneft poffeffor of land by c 3 military

20 HISTORY OF BRITAIN. Book III.

military tenure, becoming heavier as they de- fcended lower. 40

Socmen. ft js true that thofe poffeffors of land who were called jbcmen, becaufe (as many think) they fol- lowed the foe or plough, were not fubjected to fome of the mod vexatious of thofe feudal fervi- tudes,as perfonal attendance, wardfhip, marriage, &c. But this feems to have been owing to the contemptible light in which they were viewed by their fovereign and his haughty martial barons, who would not admit them into their courts and company; and confidered the education and marriage of their heirs as matters of fmall im- portance, and unworthy of 'their attention. Nor were many of thefe focmen more free and happy than the military vafTals of the king and barons. On the contrary, they were fubjected to lower and more laborious fervitudes, as furnifhing men, horfes, and carriages, on various occafionsj ploughing and fbwing the lands of their lords, &c. 4I In a word, the feudal fyftem of tenures eftabliihed by William I. in England, was pro- ductive of univerfal diftrefs and fervitude ; from which even thofe of the higheft ranks were not

<* Spelman. Du Cange, GloflT. voc. Baro, Feodvm, Curia, Homa- Warda, Maritagium, Relcvium, Uxilium.

41 Spelman. Du Cange, voc. Socmannus. The opinion of one of *h« moft learned writers on the law of England, that tenures called free foccage, were the relics of the allodial tenures of the Anglo- Saxons, is not difputed. We have no reafon to be furprifed, that a few fmall eftates efcaped the rapacity of tfce Normans. Judge Blackftontt Commtnt, b. a, c.6. p. Si.

exempted,

Chap. 3. SeA.i. CONSTITUTION, &c. 21

exempted, though they were moft fev«rely felt by the lower orders in the ftate.

It hath been the fubject of much difpute,when, introduc- by whom, and in what manner, the feudal fyftern *J°"°f ff

t* c. i i feudal fyf.

or government was introduced into Scotland. It tem into would be improper to revive this unimportant Scotland. controverfy, by repeating the fentiments of dif- ferent authors, and their arguments in fupport of thefe fentiments. Upon the whole, it feems to be moft probable, that Malcolm III., furnamed Can- more, began the introduction of this lyftem into his dominions, in imitation of his neighbour and contemporary, William I. of England j and that his plan was profecuted by his fucceffors, as op- portunities offered, until it came to be univer- fally eftablifhed.4*

The introduction of the feudal fyftem was pro- ductive of feveral other changes in police and government, particularly in courts and magi£ trates.

Nothing could be more regular, or more admi- rably adapted to the fpeedy, eafy, and effectual administration of juftice, to perfons of all ranks, than the conftitution of the Anglo-Saxon courts43. But this beautiful fabric was not refpected by the Norman conquerors. For though they did not pull it down by violence, they fuffered it to fall into ruins by neglect, and the eftablifhment of other courts.

42 See Eflays on Britiih Antiquities* Eflay z. Sir David Dalrym> pie's Annals of Scotland, p«30j3l»32.

43 See vol.3. $.3. fa,

c 3 In

22 HISTORY OF BRITAIN. Book III.

Courts. In all feudal kingdoms there were three kinds

of perfons that bore the chief fway, both in peace and war, viz. barons in their baronies, earls in their counties, and kings in their kingdoms. In confequence of this there were three kinds of courts of chief confideration the baron's court, the earl's court, and the king's court. Baron's In the feudal times, every barony (as hath court. been already obferved) was a little kingdom, and every baron was a petty king ; the commander of all the tenants in his barony (who might not im- properly be called his fubjecls) in time of war, and their judge in time of peace. In his court, which was commonly held in the great hall of his caftle, and to which all the tenants of his barony owed fuit and fervice, he adminiftered juftice to his people, in perfon or by his bailiff; not only compelling the payment of debts and the performance of contracts, but alfo redreffing wrongs and punifhing crimes even with capital punifhment?. Archbifhops, bilhops, abbots, and priors, who held baronies of the crown, had their courts of the fame kind with the fecular barons. Even the barons of barons, or thofe who held manors by military fervice of the king's barons, had fimilar courts within their reipective manors, but commonly without the privilege of pit and gallows, i. e. the power of inflicting capital pu- mlhments.44

44 Spelman. Du Cange, Gloff. voc. Barones, Saronia, Furca. Regiam MajefUtem. Glanvil. Bra&on. Fleta.

15 The

Chap. 3. Sea. i. CONSTITUTION, &c. 23

The title of earl before the conqueft, and for County fbrne time after, was not merely honorary, but Court* official. There was but one earl in every county, who was properly its governor, the general of its forces in times of war, and its chief judiciary or judge in times of peace. The court in which the earl prefided, was the county-court; and as a reward or falary for aeling in his judicial capa- city, he received the third penny of all the dues, amerciaments, and profits, arifing in that court 45. This in the Anglo-Saxon times, and even during fome part of the reign of William L, was a court of great power and dignity, in which the bifliop of the diocefs fat with the earl, and on which all the abbots, priors, barons, knights, and free- holders of the county, were obliged to attend. In this little parliament all the controverfies arif- ing in the county, the mod important not ex- cepted, were determined, though not always finally, becaufe there lay an appeal from its decrees to a higher court, which fhall prefently be defcribed. In a county-court of Kent, held in the reign of William I. at Pinendine, there were prefent one archbifliop, three bilhops, the earl of the county, the vice-earl or (herirT, a great number of the king's barons, befides a ftill greater multitude of knights and freeholders, who in the courfe of three days adjudged feveral manors to belong to the archbiihopric of Canter- bury, which had been poffeffed for fome time by

45 Sdden's Titles of Honour, p. 5*6, &c.

e 4 Qdo,

24 HISTORY OF BRITAIN. Book IIL

Odo, Bifhop of Baieux, the King's uterine brother, and by other powerful barons.46 Separation But the county-courts did not continue long of the after the conqueft in this ftate of power and fplen- cai°from dour. For William I., about A. D. 1085., fepa- the civil rated the ecclefiaftical from the civil part of thefe county- courts, prohibiting the bifhops to fit as judges, courts, the clergy to attend as fuitors, and the caufes of which oc- ^ church to be tried in them, but in courts of

cafioned

their de- their own 47. By this regulation, which is faid clme' to have been made in a common council of the archbifhops, bifhops, abbots, and chief men of the kingdom, the county-courts were deprived, at one blow, of their mofl venerable judges, their mofl refpe6lable fuitors, and mofl important bufinefs. Befides this, after the departure of the bifhops and] clergy, the earls difdained to fit as judges, and the great barons to attend as fuitors in the county-courts ; which by degrees reduced them to their prefent flate. But this was not the worfl effect of this mofl imprudent and pernicious regulation. For by it the kingdom was fplit afun- der j the crown and mitre were fet at variance^ and the ecclefiaftical courts, by putting them- felves under the immediate protection of the pope, formed the clergy into a feparate ftate under a foreign fovereign, which was productive of infinite mifchiefs and diforders.43

45 Dugdale Origines Juridiciales, p. 30. Hickefii Diflertat. Epif- fol. p.3i, &c/

Wilkin.' Concilia, l.i. p. 368, 369. Kale's Hiftory of the Com- mon Law, p. loa. 48 Judge Blackftone's Comment, b. 3. c. 5.

The

Chap. 3. Sea. i. CONSTITUTION, &c. 25

The ecclefiaftical courts, that ^yere imme- Ecciefiaf-

tical courts*

diately creeled in confequence of this fatal fla- ti

tute, were thefe three: i. The archdeacon's court. For as the archdeacon was by that ftatute difcharged from fitting as a judge with the hun- dredary in the hundred court, he was authorifed to creel a court of his own, in which he took cognizance of ecclefiaftical caufes within his arch- deaconry. 2. The biihop's court, or confiftory, which received appeals from the archdeacon's court, and whofe jurifdiction extended over the whole diocefs. 3. The archbifliop's court, which received appeals from the confiftories of the fe- veral bifhops of the province, and had jurifdiclion not only over the particular diocefs of the arch- biihop, but over all the dioceffes in the province. From this higheft ecclefiaftical court appeals lay to the pope, which foon became very frequent, vexatious, and expenfive.49

As the king was the chief magiftrate of the King's kingdom, and it was both his duty and prero- cou gative to adminifter juftice to his fubjecis, he had a court which was the chief court of the kingdom in which he performed that duty and exercifed that prerogative50. This fupreme court was commonly called, curia or aula regis, be- caufe it was held in the great hall of the king's palace, wherever he happened to refide Sl. In

49 Jqdge Blackilone's Comment, b.3. 0,5.

50 Madox Hift. Excheq. 0.3. p. 58.

51 JJradlon, 1. 3. c. 7. Glanvil, de Confuetud. Anglisej paflim.

this

26 HISTORY OF BRITAIN. Book III.

this court the king was prefumed to be always prefent, either in perfon, or by his reprefenta- tives, the judges of his court, to whom he com- mitted the performance of his duty, and the ex- ercife of his prerogative as the fupreme judge in his kingdom. The judges in the king's court, as it was conftituted by William I. and continued till near the end of this period, were, the great officers of the crown, the king's juflices, to- gether with all the great barons of the kingdom, both temporal and fpiritual, who were intitled to feats in this court. sa

Great of- The great officers of the crown, who were alfo *^e tending members of the king's court, were thefe feven : i. The chief jufticiary, who was an officer of the highefl dignity and greatefl power, the prefident of the king's court when the prince was not perfonally prefent, and regent of the kingdom when the fbvereign was beyond feas, which in this period very frequently hap- pened. 2. The conftable of England. 3. The marifchal of England, who were both military and civil officers : when acting in their civil capacity, as members of the king's court, their jurifdi£tion chiefly refpecled matters of honour and of arms. 4. The high fie ward of England. 5. The great chamberlain of England. Thefe two great officers had the chief direction of all things in the king's court and palace. The four

" Madox Hift. Excheq. c.a. 0.3. p. 64. Blackft. Comment, b. 3. 6.4.

laft

Chap. 3. SeA. i. CONSTITUTION, &c. 2?

lafl named offices were for the moft. part here- ditary. 6. The chancellor of England, who had the cuftody of the great feal, and the infpe£lion of all grants to which it was appended. 7. The high treafurer, who had the chief direction of all things refpe&ing the royal revenues. i3

The king's juftices were perfons learned in the Divifion laws, who had feats in the fupreme court, in f^ns * order to inform the other members what the law of the land was in every cafe. This great court was divided into feveral chambers, and certain judges fat in each of thefe chambers, at parti- cular times, to take cognizance of thofe mat- ters with which they were befl acquainted, and in which they were mod interefted. Of thefe chambers the exchequer (fo called from a che- quered cloth which covered the table) was one, in which the high treafurer and certain barons fat, and regulated all things refpecting the reve- nues of the crown. 54

The jurifdiction of the king's court was uni- Jurifdic- verfal, extending to all parts of the kingdom, nendour and over all the fubje6ls of it, till the clergy, of the after long and violent ftruggles, emancipated themfelves in a great meafure from its authority ss. As the Normans were remarkably fond of pomp, fome of the feffions of this auguft tribunal, par- ticularly thofe at the feftivals of Chriftmas,Eafter, and Whitfuntide, were attended with much pa-

53 Madox Hift. Excheq. 0.3. 5- Dialogus de Scaccario.

s' Madox Hift. Excheq. 0.3.

rade

28 HISTORY OF BRITAIN. Book IIJ,

rade and ;Qiow. The king, on thefe occaflons, wore his crown and royal robes ; the great offi- cers of flate appeared with the enfigns of their refpective offices j and all the fpiritual and tem- poral barons, in their richeft ornaments. At thefe ceremonies and magnificent meetings, the ambaffadors of foreign princes were introduced, that they might be ftruck with admiration at the opulence and grandeur of the king and king- dom s6. To thefe Hated meetings all the mem- bers of the king's court came of courfe, without any fummons 57. In this, and in feveral other refpects, they differed from the common coun- cils of the kingdom.58

Though the powers of this fupreme court were

great and various, they were all minifterial and

executive, and did not extend to the making

new laws or impoling new taxes. Thefe two

mofl important branches of police and govern-

ment belonged to another affembly, that was

called (commune concilium, or magnum concilium

regni) the common council, or great council of

the kingdom ; and fometimes, though very fel-

•dom in this period, (parliamentum} parliament,

from the French word parler, to fpeak.

Who were Who were the conftituent members of the

tuent° great councils or parliaments of this period, is a

members queflion that hath been differently anfwered, and

56 W. Malmf. 1.3. p. 63. w Eadmer, p. 15.

'*• Hen. Hunt. 1. 8. .zaa.

warmly

Chap. 3. Sea. i. CONSTITUTION, &c. 29

warmly agitated 50. Though the nature and limits of the par- of this work will not admit of a full difcuffion of this queftion (at prefent of no great import- ance), yet a plain and ihort expolition of what appears to be the truth is neceffary. That all archbifhops, bifhops, abbots, priors, earls, and barons, who held each an entire barony imme- diately of the king in capite, were conflituent members of thefe great councils, hath never been denied, and needs not be proved. Befides thefe great fpiritual and temporal barons, there were many others, who held fmaller portions of land, as one, two, three, or four knights' fees, immediately of the king, by the fame honour- able tenure with the great barons, who were alfo members of the great councils of the kingdom, and were commonly called the leffer barons, or free military tenants of the crown. Among many evidences that might eafily be produced of this, the fourteenth article of the great charter of King John is one of the mod decifive, an'd feems to be fufficient : " To have a common "council of the kingdom, to aflefs an aid other- " wife than in the three forefaid cafes, or to " affefs a fcutage60, we will caufe to be fum- " moned the archbifhops, bifhops, earls, and

59 Petyt's Rights of the Commons afierted. Jane Anglorum Fades nova. Dr. Brady's Tradls, &c. &c.

60 Thefe three forefaid cafes were, I. To make his eldeft fon a knight ; a. To many his eldeft daughter ; 3. To redeem his own perfon. In all which cafes aids were due by tenure, without an aft of parliament.

*c greater

HISTORY OF BRITAIN. Book III.

" greater barons, particularly by our letters ; *f and befides, we will caufe to be fummoned " in general by our iheriffs and bailiffs, all " thofe who hold of us in capite 6I." The lefTer barons continued to lit personally in the parliaments of Scotland till A.D. 1427., when an acl; was made exempting them from per- foiial attendance in parliament, on condition of fending reprefentatives ta. But befides all thefe great and ftnall barons, who by virtue of their tenures were obliged, as well as intitled, to fit aS members in the great councils of the king- dom ; our hiftorians of this period fometimes fpeak of great multitudes of people, both of the clergy and laity, who were prefent in fome of thefe councils 63. Eadmerus, the friend and fecretary of Archbifhop Anfelm, thus defcribes the perfons afiembled in a great council at Rockingham, A.D. 1095., to whom his patron made a fpeech. " Anfelm fpoke in this manner " to the bifliops, abbots, and princes, or prin- " cipal men, and to a numerous multitude of <e monks, clerks, and laymen {landing by 6V

61 Ad habendum commune confilium regni, de auxilio aflidendo, aliter quam in tribus cafibus prediclis, vel de fcutagio afiedendo, fum- moniri faciemus archiepifcopos, epifcopos, abbates, comites, et ma- jores barones figillatim, per literas noftras : et praeterea faciemus fum. moniri in generali, per vicecomites et balivos noftros, omnes illos qui de nobis tenent in capite. Append. No. i.

62 Eflays on Britifh Antiquities, p. 43. 6? Spelman. Concil. I. 2. p. 33.

64 Affiftentem, monachoi urn, clericorura. laicoruni; numerofam ,'aultitudinein. Eadmeri Hifl, p. 26.

By

Chap.3. Se£. i. CONSTITUTION, &c.

By the bifhops, abbots, and princes, we are cer- tainly to underftand the fpiritual and temporal barons. But who are we to underftand by " the " numerous multitudes of monks, clerks, and " laymen {landing by ?" Were they members of this aflembly ; or were they only fpec~lators and by-ilanders ? If by the multitue of thefe clerks and laymen, the hiftorian did not mean the letter barons, it is highly probable that they were only fpe6lators. We are told by feveral contemporary hiftorians, that the great councils of the kingdom in thofe times were very much incommoded by crowds of fpeclators, who forced their way into their meetings. One of thefe hiftorians thus defcribes a great council held by King Stephen : " The King, by an edi6l " publimed through England, called the rulers " of the churches, and the chiefs of the peo- " pie, to a council at London. All thefe " coming thither, as into one receptacle, and " the pillars of the churches being feated, in " order, and the vulgar alfo forcing themfelves " in on all hands, confufedly and promifcuoufly, " as uliial, many things were ufefully propofed, " and happily tranfacted, for the benefit of the " church and kingdom 6I." In a great council

fis Edifto per Angliam promulgate^ fummos ecclefiarum du&ores, Cum primis populi, ad confilium Londonias confcivit. Illis quoque, quail in unam fentlnam, illuc confluentibus, ecclefiarumque columnis fedendi ordine difpofitis, vulgo etiam confufe et permixtim, ut folet, uhique fe ingerentes, plura ecclefise et regno profutura fuerunt, et Mtiliter oftenfa, et falubriter pertradlata.

Gefta Stephani Regis, apud Duchine, p. 93 »»

held

32 HISTORY OF BRITAIN Book-Ill.

held at Weftminfter, May 1 8th, A.D. 1127., the fpectators, who are faid to have been innu- merable, were fo outrageous, that they inter- rupted the bufinefs of the council, and pre- vented fome things from being debated65. Upon the whole, it feems to be almofl certain, that though great numbers of people of all ranks, prompted by political curiofity, or in- tereiled in the affairs that were to be debated, attended the great councils of the. kingdom in this period, none were properly members ofthefe councils but thofe described in the great char- ter of King John, viz. the fpiritual and tem- poral barons, who were perfonally fummoned ; and thofe who held fmaller parcels of land than baronies, immediately of the king, by knight's fervice, who were fummoned edictally by the flieriffs of their refpe6tive counties. Great Befides all the prerogatives that had been

thTcrown. enjoyed by ms predeceffors the Anglo-Saxon and Danifh kings of England, William I. acquired a great addition of power by the introduction of the feudal fyftem, which made him the territorial lord as well as fovereign of his greateft fubjects. But the greatnefs of fome of theie fubjects, to- gether with their exteniive influence over their vafials and tenants, fortunately formed .a kind of counterpoife to the exorbitant power of the crown, prevented it from becoming, or at lead .from continuing arbitrary ^ and at length, by

Spelman. Condi. 1. a. p. 35.

12. HOW

Chap. 3. 8ed. i. CONSTITUTION, &c. 33

flow degrees, and many flruggles (which form the mod interefting parts of our hiftory), re- duced it within proper limits. All the hifto- rians of this period are full of the moft bitter complaints of the tyranny of William I. and of his fon and fucceffor William II., reprefenting them as acting on many occafions in the moil defpotic manner, with little or no regard to law, juftice, or humanity67. " None of his bifhops, " abbots, or great men (fays Eadmerus of " William I.), dared to difobey his will on any " coniideration ; but all things divine and hu- " man depended upon his nod." " Whoever " (fays Henry of Huntingdon, fpeaking of the " fame prince) defired to enjoy money, lands, " or even life itfelf, was under a neceffity of " obeying the king's nod in all things. Alas I " how much is it to be lamented, that any man, " who 'is but a worm and dud, mould forget " death, and arrive at fuch a height of pride as " to trample on all the reft of mankind68!" Of the ferocity and tyranny of his fon and fuc- ceffor William II. the hiftorians of thofe times fpeak in ft ill ftronger terms. " He was more " fierce (fays one of them) than human nature " feemed to be capable of. By the advice of

67 Eadmeri Hift. p. 6. 83. 94. M. Paris, p. 4. col. i. M. Weft- monft. l.a. p. 3. W. Malmf. 1.3. Simon Dun. p. 206. Brompt. 962. Ingulph. p. 516. G. Neubrigen. p. 357. Alurid. Beverlien, p. 114. Hen. Hunt, p, 213. col. i. Anglia Sacra, 1. a. p.4ij. Anglica Normanica Camdeni, p. 3 a.

63 Hen. Hunt. 1,6. p.aij. col. i.

VOL. vi. D " the

34 HISTORY OF BRITAIN. Book III.

" the word men, which he always followed, he " harafled his neighbours with war, and his own " fubjefts with armies and taxes j and England " was fo miferably opprefied that it was brought " to the very brink of ruin." 6"

©reatrfr- The great revenues of thefe princes contri- thecrown Duted not a little to increafe their pride, and fupport their power; efpecially as thefe reve- nues were for the inofl part confidered as their undoubted property, and did not depend on the generality or good-will of their fubje6ls. Befides all the revenues arifing from the royal demefnes, and from the rents, aids, wardfhips, marriages, and fcutages of all the immediate vaflals of the crown, which have been already mentioned ; money flowed into the coffers of the firft Norman kings of England, from all the following fources, efcheats, vacancies, tallages, taxes, tolls, cuf- toms, oblations, amerciaments, moneyage, farms of counties, cities, towns, and corporations, queen-gold, impolitions of various kinds upon the Jews, &c. &c.

Efcheati Efcheats and forfeitures formed a great branch and for- Of flje IOyai revenue in thofe turbulent times, when civil broils were frequent, when eftates efcheated into the king's hands on the failure of lineal defcendants from the perfons to whom they had been granted, and when the imme- diate vaflals of the crown forfeited their lands, not only for treafon againft the king as fovereign

** HfeH. Hunt. 1. 7. p.ai;. col. i.

16 of;

Chap. 3. Sed. i. CONSTITUTION, &c. 35

of the flate, but for various offences againft hint as their feudal lord, fuch as, declining to do him homage, to fwear fealty to attend his court, to ferve him in the field, for betray, ing his fecrets, abetting his enemies, af- fronting his perfon, debauching his wife, his daughters, or near relations, and, in. a word, for doing any thing that made them unworthy of being the companions of their fuperior lord, the members of his court, and the peers of his other barons 70. Thefe efcheats and forfeitures formed fo capital a part of the royal revenue, that a particular court or office, called the cfcheatry, was ere6led for the management of them. 7I

When an archbifhopric, bifhopric, abbey, or Ecciefiaf- priory of royal foundation, became vacant, the temporalities were feized and enjoyed by the king during the vacancy. This, it is probable, was intended to correfpond to the profits arifing from the wardlhip of the temporal barons, and in fome reigns, when many of the richeft fees were kept vacant feveral years, it muft have made a great addition to the revenues of the crown. 7*

The kings of England, in this period, were not always contented with the ordinary annual rents which they received from the cities, towns, focmen, and tenants of their demefnes, and of the efcheats and forfeitures in their hands j but

70 Lib. Feud. I.I. tit. ax. 1. 4- tit. »i. 1. 39. 44. &c. Craig, de Feud. 1. 3. pafiim.

71 Madox Hift. Excheq. c. 10. p. »o. ?* Id. ibid. p. 307. &c. ,

p 2 on

$6 HISTORY OF BRITAIN. Book III,

on fome occafions they exacted certain extraor- dinary payments, called tallages, or cuttings, from the French word tailler, to cut ; becaufe by them a certain proportion of the goods of thefe cities, towns, focmen, and tenants, as a tenth, a fifteenth, a twentieth, or thirtieth part, was cut off and appropriated to the king's ufe ". As neither the frequency nor the quantity of thefe tallages were afcertained in the former part of this period, they became the occafion of great oppreffion to the fubjects, and a fource of much treafure to the crown. 74

Taxes. The ignominious tax called danegild, though

the reafon for which it had been impofed no longer exifted, continued to be levied through a great part of this period. It feems to have been a ftated article in the annual charge againil the (heriffs of the feveral counties, who collected and paid it into the exchequer. The annual danegild for the county of Surry was ^£185 : 6: o, for Effex £ 252 : 6 : o 7S. Thefe appear at pre- fent to be trifling fums, but they were of confiderable value in the times we are now confidering.

Tolls and Tolls levied at bridges, and in fairs and

cuftoms. c

markets, with the cuitoms on goods exported

and imported, made apart of the royal revenue, that will be more particularly defcribed in an- other place. ?e

7i Du Cange doff. roc. Tallagium. Madox Hift. Excheq. 0.17. « Eadmeri Hift. p. 83. 7S Madox Hift. Excheq. 0.17. p. 4 76. See chap. 6.

Fines,

Chap. 3. Sea. i. CONSTITUTION, &c. 37

Fines, freegifts, and oblations, formed one of Fines, free the moft abundant fources of the riches of the sifts>&c- kings of England in this period. It is hardly poffible to enumerate all the various occafions on which valuable prefents were made to thefe princes. No franchife or privilege of any kind could be obtained from the crown without a fine or oblation proportioned to its value. Great fines were paid by prodigious numbers of people, in order to obtain juftice, and that they might be allowed the benefit of a legal trial ; while others gave great gifts to procure the royal interpofition for preventing law-proceedings againft them ; and not a few agreed to give one half, or a third or fourth part, of their lawful debts, to the king, that they might procure payment by his authority77. In a word, juftice was openly fold by thefe fovereigns to their fubjects; which made the famous article in the great charter againft felling, delaying, and denying juftice, very ne- ceffary. No office, either in church or ftate, could be obtained without a bribe j and in fome reigns, even bimoprics were expofed to fale, and bellowed on the higheft offerers ?8. There was hardly any bufinefs fo contemptible, or fo dif- honourable, in which fome of our princes in this period did not engage for money ; nor did they difdain to accept of dogs, hawks, hens, lam- preys, fhads, and fuch paultry prefents, when they could not obtain more valuable bribes.

7J Madox Hift. Excheq. c.ia. 7$ Eadmeri Hifl p. 14.

D 3 For

38 HISTORY OF BRITAIN. Book III.

For money they fold even their love and hatred, and were pleafed or angry, friends or enemies, as they were paid. To complete their fhame, all thefe articles of their revenues are regularly en- tered in the public records, where they ftill re- main undeniable monuments of their venality.79 Amercia- Amerciaments formed another very ample fource of wealth to the kings of England in this period. Thefe were often exceffive, and were impofed on a thoufand different occafions, not only for real crimes, but for trivial or imaginary offences, and on the moil frivolous pretences. In the records of thofe times we meet with many perfons who were feverely amerced for making foolifh fpeeches, or returning foolim anfwers, and even for having ftiort memories, or being ignorant of things which they could not poffibly know 8o. On thefe accounts amerciaments were the fources of infinite vexations to the fubje6ts, as well as of great riches to the fovereigns of Eng- land in this period. They fell heavy, not only on the common people, but upon the greateft prelates and moft powerful barons of the king- dom ; which gave occafion to the 27th article of the great charter, in which it is declared, " That earls and barons mail not be amerced *e except by their peers, and according to the '* degree of their offence." 8l

Madox Hift. Excheq. chap. 13. ^ Id. ibid. chap. 14-

See Appendix, i. z.

Moneyage

Chap. 3. Sea. i. CONSTITUTION, &c. 39

Moneyage was a tax that had been levied in Moneyage. Normandy long before the conqueft, and was levied in England by the firft and fecond Nor- man kings81. By it, one ihilling was paid on every hearth once every three years, to prevail upon the king not to debafe the coin. For thefe princes infilled on being paid, not only for doing good, but for not doing all the evil that was in their power. This tax was abolifhed by the charter of liberties granted by Henry I. S3

The farms of counties, and of cities, towns, Farms of and corporations, or gilds, brought very confi- ^°unties> derable fums into the royal coffers in this period. The profits ariling from law proceedings in the county-courts, were divided between the king and the earls of the county, two-thirds belonging to the former, and one-third to the latter. The king's part of thefe profits was farmed from year to year by the fheriffs, together with fome other fmall articles of revenue, for a certain fum of money, which they paid into the exchequer. The far greateft part of the cities and towns of England belonged to the royal demefnes, and their inhabitants held their lands and houfes im- mediately of the king ; who commonly granted the farm of all the rents and gilds due to him from all the citizens or burgefles, for their lands and houfes, to the community, or to the chief magiftrate, in name of the community, for a

'* Hole's Hift. Common Law, p.u$. *J M. Paris, p.38. col. 3.

D 4 certain

40 HISTORY OF BRITAIN. Book III

certain rent to be paid yearly into the exchequer. For the further encouragement of towns and cities, and for promoting commerce and arts, the monarchs of England, in this period, formed the inhabitants of thefe towns and cities, of certain profeflions, as merchants, goldfmiths, weavers, &c. into corporations or gilds, to whom they granted various privileges, for which they paid certain fums of money yearly into the exchequer. 84 Queen- When a fum of money was due to the king,

gold. .... . _

an additional lum was payable to the queen- confort, called (aurum reginaT) queen-gold. The proportion in fome cafes, perhaps in all, was one pound, mark, or Ihilling, on every hundred pounds, marks, or (hillings ; or, as we now ex- prefs it, one per cent. Ss

impofi- The Jews fettled in England in this period thejews. were both very numerous and very wealthy ; but their wealth was entirely at the mercy of the king, who feized any proportion of it he pleafed at any time he thought proper. A degree of power which is feldom ufed with moderation, and which was much abufed, by fome of our princes, who extorted prodigious fums of money from the Jews, by the moil cruel and violent methods. Of the greatnefs of thefe fums, we may form fome conception from the following examples. Ifaac, the Jew of Norwich, was fined

*4 Madox Hift. Exchequer, chap. 10. Brady of Burghs, pafiim. ts Dialogus de Scaccario, La. c. 26.

13 to

Chap. 3. Sea. i. CONSTITUTION, &c. 4I

to King John in the enormous fum of ten thou- fand marks (equal in value and efficacy to one hundred thoufand pounds of our money at pre- fent), to be paid at the rate of one mark a-day during life. A considerable part of this fum was accordingly paid by Ifaac in his lifetime, and the remainder by his heirs86. A Jew of Briflol is faid to have paid an equal fum to the fame prince s?. In a word, the revenues fqueezed from the Jews on various pretences, were fo great, that a particular exchequer, called the exchequer of the Jews, was eftablifhed for their receipt, and a number of officers appointed for their management. 88

From the above enumeration of the feveral Annual fources of the revenues of the Norman kings of revenue- England in this period, though far from being complete, it is fufficiently evident that thefe re- venues were very great. We are affured by an author who was born in England only nine years after the conqueft, that thofe of William I. amounted to the incredible fum of £ 1 06 1 : i o : 1 f per day, which (neglecting the fraction) was equal in efficacy to 15,9 15 of our money per day, and to 3^5,808,975 per year59. This account, extravagant as it may appear, is not very dif- ferent from that which is given by Roger Hove- den, a contemporary hiftorian, of the revenues

86 Madox Hift. Excheq. chap. 7. p. 153, 154.

87 M. Paris, p. 1 60. col. i. M Id. ibid. chap. 7. Orderic. Vital. apudDuchefn. p. 5 43.

of

4$ HISTORY OF BRITAIN. Book III.

of England in the reign of Richard I. When Hubert, Arcbbifhop of Canterbury, was about to refign the office of high judiciary, A. D. 1196., he proved from his books, that the revenue he had collected in England in the two preceding years, was no lefs than eleven hundred thoufand marks of filver90. A great fum, equivalent to £ 1 1,000,000, at the above rate of computation, in two years, or 5, 500,000 in one year. But though it fhould be allowed that both thefe ac- counts are exaggerated, we have dill no reafon to be furprifed, that the kings of England in this period kept fuch fplendid and numerous courts lived in fo much affluence entertained all their prelates and nobles at the three great feftivals endowed fo many monafteries, built fo many flrong caftles, and magnificent churches carried on fo many wars and after all, left fo much money in their treafury whe,n they died. Changes in j^ fs now tjme to take a view of fome of the England. mo^- important changes that were made in the laws of England, and in the forms of judicial proceedings in the reign of William I. It is indeed true, that William at his coronation took a folemn oath, " To keep and edablifh right " laws, and to prevent rapine and unjud judge- " raent." 9I But he either paid no regard to that oath, or did not think himfelf bound by it, to fupport the laws which he found edablifhed. For we have the cleared evidence that he had

** R. Hoveden. Annal. p>4j7> col. i. " Id. ibid.

a predi-

Chap. 3. Sea. i. CONSTITUTION, &c.

a predilection for the laws and cuftoms of his na- tive country, and endeavoured to introduce them into England. This is aflerted in the plained terms by Eadmerus, a man of learning, virtue,- and integrity, who flourifhed in thofe times. *' William, having a delire that the cuftoms and " laws which his anceftors, and he himfelf, had " obferved in Normandy, fhouldbe obierved in " England, made thofe men biftiops, abbots, " and princes (earls and barons), who would " efteem it diflionourable to oppofe his laws in " any thing, and who dared not to lift up their " heads againil him. The Englifti (fays In- " gulphus, who had been fecretary to the " conqueror) were fo much abominated, that, " whatever their merit might be, they were de- " prived of all their offices ; and ftrangers, *' though of inferior abilities, were put into " their places9*." In confequence of this con- duct, in the courfe of a few years, all the arch- bifhops, bifhops, abbots, earls, and barons, to- gether with all the judges and pleaders in all the courts of England, were Normans.93

This naturally produced many changes, and introduced many Norman laws and cuftoms, without particular ftatutes for that purpofe. One natural confequence of this total change of judges and pleaders in the Englifli courts, was the introduction of the Norman or French lan- guage into thefe courts, becaufe it was the only

»2 Eadmer. Hift. p.6. * Ingulphi Hift. p. 5 13. col. i.

language

44 HISTORY OF BRITAIN. Book IIL.

language the pleaders could fpeak, or the judges underftood94. The clerks and fcribes alfo, in all thefe courts, were neceffarily Normans ; which occalioned the difufe of the Saxon and the introduction of the French manner of writ- ing. This produced various changes in the forms of legal deeds and charters, particularly in the manner of their confirmation, which, in the Anglo-Saxon times, had been by the fub- fcriptions of many witneiTes, with the fign of the crofs prefixed to each of their names ; but, in the Norman times, by feals impreffed upon them or appended to them os. Almoft all the advocates, as well as the clerks, in the courts of England in this period, were clergymen, from which the clergy got the name of clerks ; and the Anglo-Norman clergy were fo generally practitioners in law, that it became a proverb, " There is no clergyman who is not a caufe " pleader 96. This, however, did not contribute much to the impartial adminiftration of juftice ; for the bed writers of this period reprefent thofe clerical advocates as the moil covetous and venal of all men. «

The judl- Fire and water ordeals had been ufed in Nor-

ciaicom- mfondy, as well as Britain, before the conqueft,

and were therefore continued in England after

9+ Ingulphi. Hlft. p-513. col.i. »5 Id. ibid.

96 W. Malmf.1.4. p. 70. col. i.

77 J. Sarifburienfis, p. 289. 293. Petrus Blifenfn, Epift. aj. p. 45. Epift. 36. p. 46*

that

Chap. 3. Sea. i. CONSTITUTION, &c.

that event98. But the judicial combat, or duel, though it had been long eflablifhed in France and Normandy, and other countries on the con- tinent, both by laws and cuftom, was firfl in- troduced into England by the Normans". This, like other ordeals, was an appeal to the judge- ment of God for the difcovery of the truth or falfehood of an accufation that was denied, or a fact that was difputed, founded on this fuppofi- tion, That heaven would always interpq/e, and give the viftory to tlie champions of truth and in- nocence. As the judicial combat was efleemed the mofl honourable, it foon became the moft common method, of determining all difputes among martial knights and barons, both in cri- minal and civil caufes. When the combatants were immediate vaflals of the crown, the com- bat was performed with great pomp and cere- mony in prefence of the king, with the con- ftable and marfhal of England, who were the judges; but if the combatants were the vaflals of a baron, the combat was performed in his prefence. If the perfon accufed was victorious, he was acquitted of the crime of which he had been accufed ; if he was defeated, he was thereby convicted, and fubjected to the punifliment pre- fcribed by law for his offence. If he was killed, his death was confidered both as the proof and

98 Hoveden, Annal. p. 3 14. col.i. Eadmer, p.48.

99 Leg. Aleman. tit. 44. Burgund. 111.45. Bajwar, tit. a. Cou- itumiere de Normand. part. a. c,a. Hoveden, Annal. p. 343*

punifh-

46 HISTORY OF BRITAIN. Book HI.

punifliment of his guilt. If the accufer was van- quifhed, he was, by the laws of fome countries, fubjedled to the fame punifliment that would have fallen upon the accufed ; but in England the king had a power to mitigate or remit the punifliment. In civil cafes the vi6lor gained, and the vanquifhed loft his caufe. Many wife laws were made for regulating the times and places of fuch judicial combats, the drefs and arms of the combatants, and every other circumftance ; which are too voluminous to be here inferted I0°. Several kinds of perfons were by thefe laws ex- empted from the neceflity of defending their in- nocence, or their properties, by the judicial combat ; as women, priefts, the fick, infirm, or maimed, with young men under twenty, and old men above fixty years of age. But all thefe perfons might, if they pleafed, employ champions to fight in their caufes l01. It may not be improper, for the further illuftration of this fingular mode of trial, to give a very brief narration of two judicial combats that were fought in this period, one in a criminal, and the other in a civil caufe.

Judical Henry de EfTex, hereditary ftandard-bearer of

combat in Engiand fled from a battle in Wales, A. D.

a criminal '

eaufe. 1158., threw from him the royal ftandard, and cried out, with others, that the King was (lain.

100 See Du Cange, Gloff. voc. Dutllum. Spelman, Glofll roc. Campus. Bradon, 1. a. Traft.2. c.ai. Fleta, l.i. 0.34, 35. "' Glanvill. de Confuetud. Angl. 1.14. c.i.

Some

Chap. 3. Sea. i. CONSTITUTION, &c. 47

Some time after, he was accufed of having done this with a treafonable intention, by Robert de Montfort, another great baron, who offered to prove the truth of his accufation by combat. Henry de Effex denied the charge, and accepted the challenge. When all preliminaries were ad- jufted, this combat was accordingly fought, in the prefence of Henry II. and all his court. Eflex was defeated, and expected to be carried out to immediate execution. But the King, who was no friend to this kind of trial, fpared his life, and contented himfelf with confifcating his eftate, and making him a monk in the abbey of Reading. IOZ

The priority of Tinmouth, in Northumberland, Judicial was a cell of the abbey of St. Alban's. One con*? *

* a civil

Simon of Tinmouth claimed a right to two cor- caufe. rodies, or the maintenance of two perfonsin the priory, which the prior and monks denied. This caufe was brought before the Abbot of St. Al- bans, and his court-baron, who appointed it to be tried by combat on a certain day before him and his barons. Ralf Gubion, prior of Tin- mouth, appeared at the time and place appointed, attended by his champion, one William Pegun, a man of gigantic ftature. The combat was fought, Pegun was defeated, and the prior loft his caufe ; at which he was fo much chagrined, that he immediately refigned his office '°3. This ft"' * «* *w trt f ' -

161 W. Neubrigen. 1. z. c.j. J. Brompt ad arm. 1158. p. 1048. K3 M. Paris, vita Abbot St. Albaiii, p. 78. col. 2.

judicial

48 HISTORY OF BRITAIN. Book III.

judicial combat is the more remarkable, that it was fought in the court of a fpiritual baron, and that one of the parties was a prieft. introduc- The trial of criminal and civil caufes by a

tr°ai °b Jury °f twelye men3 which makes fo diftinguifhed jury. a figure in Englifti jurifprudence, feems to have been introduced in the reign of William I., and was probably one of thofe cuftoms which he had feen obferved in his native country, and which he wifhed to fee obferved in England I04. For this cuflom had prevailed in Scandinavia in very remote ages, was brought from thence into that part of France which was poflefTed by Hollo and his followers, and from them called Normandy, where it was preferved till it was imported into England at the conquefl I05. This cuftom was not eftablifhed at once by any pofitive ftatute, but came into ufe by flow degrees, and was far from being common in the former part of this period, when almoft all caufes were tried by ordeals of one kind or other. But in the reign of Henry II. after a law was made allowing the defendant, in a criminal or civil procefs, to de- fend his innocence, or his right, either by battle, or by a jury of twelve men, called the grand affize, this laft method, as being the moli ra- tional, became more and more frequent, till at length it obtained a complete victory over the judicial combat, and every other ordeal I06.

le* Eadmer. Hift. p. * 'os Hickefii DilTertat. Epift. p. 37.

"" Glanvill. 1.14. c.i.

This

Chap. 3. Sea. i. CONSTITUTION, &c. 49

This victory however was not obtained till long after the conclulion of this period.

That there was a very great limilarity between Similarity the laws of England and of Normandy, foon ^land after the conqueft, is undeniable, and may be and Nor- feen by any one who will take the trouble of mandy- comparing the work of Ranulph de Glanvill, chief jufticiary to Henry II. of the laws and citf toms of England, with the grand couftumiere of Normandy. This limilarity doth not fubfiil only in matters of effential juftice, which are or ought to be the fame in all countries ; but in the rules of defcents, the terms of limitations, the forms of writs, and many other things of an in- different nature, which could neither have arifen from neceffity, nor have fallen out by accident I07. The only queftion is, how this limilarity was produced ; whether by the exportation of th,e Englilh laws into Normandy, or the importation of the Norman laws into England ? Something of both thefe might have happened in the courfe of time ; but in the reign of William I., it is evident, both from the nature of things, and the teftimony of hiftorians, that the current of the exchange of laws and cuftoms run Itrong from Normandy into England. I08

But notwithftanding all the changes that were The an- made in the ancient conflitution, government, ^^00"" and laws of England by the conqueft, it muft andiawsof

England

107 Kale's Hift. of the Common Law, p.iao, &c.

108 Eadmeri Hilt p. 6.

VOL. vi. E not

5o HISTORY OF BRITAIN. Book III.

not quite not be imagined that they were quite deftroyed.

b^Tcon- ^ms was verv ^ar fr°m being the cafe. Many of queft. them were preferved, and even adopted, by the conquerors. Roger Hoveden, and feveral other hiftorians after him, tell a very formal ilory on this fubject100: That in the fourth year of his reign, William the Conqueror, by the ad- vice of his barons, fummoned twelve of the moft noble and learned of the Englifh out of every county, and that when they were afiembled, he commanded them to make a collection of the ancient laws of their country. That they ac- cordingly performed this, and collected the fol- lowing laws, which William commanded to be obferved. They then fubjoin a copy of thefe laws. But, to fay nothing of the great impro- bability that Norman barons would make fuch a propofal in favour of the Englifh and their laws, there is a paffage in one of thefe law& them- felves, which demonftrates that this Aory can- not be true ; for in the eleventh of thefe laws, concerning the tax called danegeld, there is this paflage : " That this tax had never been levied " on the lands of the church till the reign of " William the younger, called William Ru- " fus l'°." Now it is perfectly impoffible, that a tranfaction which happened in the reign of William Ruf'us, could be mentioned in a col- lection of laws made in the fourth year of his

109 R. Hoveden. Annal. p.343« Chron. Ecclef. Lichfiden. apud Selden. Spiceleg. in Eadmer. p. 171. Hen. Knyght. coLajjj.

110 Ingulphi Hift. ad fin.

father's

Chap, 3. Sea. i. CONSTITUTION, &c.

father's reign. But though this ftory cannot be true, as it is related by thefe writers, it is highly probable, or rather certain, that William I. in fome period of his reign, gave his fan6tion to a fyftem of ancient Englifli laws, with fome addi- tions and alterations of his own. For we are told by Ingnlphus, a writer of undoubted credit, who was ani ntimate friend and favourite of the Conqueror, " I brought with me, at the fame " time (A. D. 1081.) from London to my mo- " naftery, certain laws of the moft righteous " King Edward, which my illuflrious lord King " William had promulgated as authentic and " perpetual, and to be inviolably obferved <6 through the whole kingdom of England, " under the fevered penalties "V Thefe laws are published by the learned Mr. Selden, in his notes on Eadmerus, from an ancient tranfcript of the original, which, he fays, was ft ill pre- ferved at* Croiland in Lincolnfliire IIZ. Thefe laws are written in the French and Norman lan- guage of the eleventh century; and confequently are very obfcure, and in fome places hardly in- telligible. They are all of a penal nature, fifty in number, and are evidently a compilation from feveral fyftems of Anglo-Saxon laws113. In another fyftem of laws publiftied by the Con- queror, there is one commanding all the laws of Edward the Confeffor to be obferved, with the additions that he had made to them, for the

111 Eadmer, p. 172. m Id. ibid.

1.3 id. 173—189.

E 2 benefit

52 HISTORY OF BRITAIN. Book III.

benefit of the Englifh I14. This probably refers to thofe laws which Ingulphus brought with him from London,

Great at- The great veneration that William I. profefled T^™?11 enterta*n f°r tne memory of Edward the Con- lifli to their feflor, from whofe laft will he pretended to derive

ancient a fa\e to the Crown, might contribute fome- bw*

thing to preferve fome of the ancient Englilh

laws and cuftoms. But their prefervation was chiefly owing to the invincible attachment of the native Englifh to their ancient laws. This was fo great, that they feem to have been written on their hearts, and they never ceafed to cry for their reftoration. On fome occafions, when their afliftance was wanted, their cries were heard j and from time to time, many of thofe liberties which had been torn from them by the hand of violence, were reftored. This will appear in part in the fubfequent fe6lion of this chapter, but more fully in the following volumes of this work.*

Great con- It is uimeceflary to Ipend anytime in deli- formityof neating the conftitution, government, and laws

the laws of ° .

England oi Scotland, in this period, as they leem to and Scot- have Deen the fame with thofe of England above period. defcribed115. This we learn by comparing the treatife of Glanvill with the moft ancient col- lection of the Scotch law, called regiam ma- jeftatem. From thence it plainly appears, that

"* Eadmer, p. 192.

113 Kale's Hift. of the Common Law, c, 10. p. 189—195.

the

Chap.3.SeA.i. CONSTITUTION, &c. 53

the laws of the two Britilh kingdoms were then the fame in many particulars, in which they are now different, though under the fame fovereign, and forming one kingdom. Of this remarkable circumftance it may not be improper to give a few examples. By the ancient law of England, the fubfequent marriage of the parents did not legitimate the children of the fame parents born before that marriage ; which ftill continues to be the law of that country ll6. This was alfo the law of Scotland in the period we are now con- iidering "7 ; but the contrary rule of the civil and canon law hath been long fince adopted in North Britain. The trial of civil caufes by a jury of twelve men, was known in England in this period, and is ftill confidered as one of the moil excellent properties of Englifti jurifpru- dence, and moft valuable privileges of Englifli fubje&s "8. Juries of twelve men were alfo ufed in Scotland, in thofe ancient times, in civil as well as criminal caufes, as appears from the au- thorities quoted below, and examples recorded in hiftory "9. But it is well known, that the ufe of juries in civil caufes, except in the court of exchequer, hath been long fince difcontinued in Scotland. Several things no doubt contributed to this remarkable uniformity between the laws of the two Britifh kingdoms in thofe ancient

116 Glanvill, 1. 7. 0.15. Il? Regiam Majeftatem, 1.2.0.19.51. 118 Glanvill> 1. 1. 0.14. 1.2. 0.13. 16. 18,19. 1.;. c.iz, <Scc. &c. "9 Regiam Majeftatem, Li. c. u, 13, 14. 1.2.19. 32. 43. Chron. Mailrofs, p.i;6.

E 3 times,

54

HISTORY OF BRITAIN.

Book lit.

times, but one of the chief caufes of it feems to have been, that the kings of Scotland were feudatories to the kings of England for the lands they held of them in that kingdom. This ob- liged thofe princes to be often prefent in the courts and parliaments of England, where they became acquainted with, -and contracted a fond- nefs for, Englifh laws and cuftoms, which they introduced into their own dominions.

Succeffion to the. crown of England unfettled.

SECTION II.

Hi/lory of the changes in the Conjlitution^ Govern- ment^ and Laws of England, in the reigns of Williamll. Henry I. Stephen, Henry II. Richard I. and John, from A. D. 1087. to A. D. 1216.

A S the mod important changes in the Englifh •*•** conftitution were made, either in the reign of William I. by the eftablifhmentof the feudal fyftem ; or in the reign of John, by the limi- tation and mitigation of the feverities of that fyftem, it will not be neceffary to dwell long on the five intermediate reigns.

The fucceffion to the crown of England, after the death of Edward the ConfefTor, became fo unfettled, that it feemed to be fet up as an ob- je6l of ambition to every bold invader, who had but a flight pretence, together with power and courage to feize the glittering prize,. To fay

nothing

Chap. 3. Sea. 2. CONSTITUTION, &c. 55

nothing of Harold and the Conquefor, the three fucceflbrs of this laft, William, Henry, and Stephen, are efteemedtby many no better than ufurpers, and moft certainly reigned with a dif- puted title.

This proved a moft fortunate circumftance to This dr- the native Englifh, and to their pofterity, as it ^™*anoe contributed not a little to raife them from that tageous to infignificancy into which they had been deprefled. H16 Ancient It even contributed to the prefervation of what was left, and to the reftoration of what had been loft, of their ancient liberties. For the Nor- man barons having eftates both in Normandy and England, naturally defired to fee the ducal and royal crown on the fame head, that they might enjoy their eftates in both countries. Many of thefe barons therefore favoured and were ready to fupport the pretenfions of Robert Duke of Normandy, eldeft fon of William I., to the crown of England, firft againft his younger brother William, and afterwards againft his youngeft brother Henry. This obliged both thefe princes to have recourfe to the native Englifh, who were ftill formidable by their numbers, after all the loffes they had fuftained. " William Rufus (fays a contemporary hiftorian) " feeing almoft all the Normans in England " confpiring againft him, invited, by letters, " the braveft and moft refpedlable among the " Englifli who were yet remaining, to come to " him j and complaining to them of the di£ ** loyalty of the Normans, he prevailed upon

E 4 " them.

56 HISTORY OF BRITAIN. Book III.

" them to engage in his quarrel, by promifing " them good laws, and abatement of taxes, and " the liberty of hunting. He called them his " dear Englifh, exhorted them to collect their " countrymen, under the penalty that every " one who did not come, ihould be called a " Nidering, a name which he knew none of " them could endure. In confequence of this, " fuch multitudes of the Englifh crowded to ct the King, that he foon formed an invincible " army '." It is very true, that as foon as the ftorm was blown over, William violated all his promifes, and proved a greater tyrant and op- prefier than his father ?. But Hill this tranfac- tion was of fome ufe, as it raifed the Englim from their neglected ftate, and taught them their own importance.

Charter of As the title of Henry I. was liable to the Henry I. fame objection with that of his brother Wil- liam ; fo he was expofed to the fame danger, on his acceffion to the throne, and had recourfe to the fame expedient, with this only difference, that he put his promifes in writing, in the form of a charter, and extended them to all his fub- jects 3. This charter contained many mitigations of the moft diflreffing articles of the feudal fyf- tem, to gain the Normans, with an exprefs re- iloration of the laws of Edward the confeffor, to pleafe the Englifh 4. It cannot be denied, that

1 W.MalmC 1.4. p-68. 2 M.Paris, p.3j. colt.

3 M.Paris, p-38. Richard Hagulftad. col^io.

4 See Appendix, N°i.

the

Chap. 3. Sad. 2. CONSTITUTION, &c.

the written promifes of Henry were^ fliamefully violated as well as the verbal ones of William ; but his charter being in writing, and copies of it being fent into every county, and depofited in every monaftery, had greater effects, by diffufing and cheriming the love of liberty, and equal laws, among the Normans, as well as Englifh 5. It ferved alfo as a model, on which the great charter of liberties, in the reign of King John, was formed. Henry I. promulgated alfo a fyftem of laws as he had promifed in his charter, con- lifting of the laws of Edward the Confefibr, with fome alteration that had been made in them by his father the Conqueror.0

As the ufurpation of King Stephen was more Charter of unjuftifiable in many refpedls than that of the two former kings, fo he was more liberal of his promifes of good laws and good government, than any of his predeceffors. Thefe promifes were made with great folemnity on the day of his coronation, and were foon after confirmed by a charter 7. But the credit of royal promifes and royal charters was now become fo low, that the clergy and fome of the barons fwore fealty to Stephen, only as long as he kept his promifes and obferved his charters 3. His conduct foon juftified their fufpicions. By violating all

5 M. Paris, p-39- coLx.

fi Lambard Archaionom. 175. Wilkin. Leges Anglo-Saxon, p. *3 3 . 7 W. Malmf. Hilt. Novelise, Li. p.ioz. R.Hoveden. Annal. p. 276. Hen. Hunt, p.azz. col.i. * W. Malmf. ibid. p.ioa. col.i.

promifes,

58 HISTORY OF BRITAIN. Book III.

promifes, he excited a civil war, which raged during his whole reign, and effectually prevented any amendment of the conflitution. introduo It was in this turbulent reign that the pandects ftud°ofhe of Juftinian were brought into England from the civil Rome by fome of Archbifliop Theobald's attend- ants ; and Roger Vacarius, Prior of Bee, read lectures upon them to very crowded audiences, both of the clergy and laity 9. Great oppofition, however, was made to the introduction of thofe laws ; and John of Salifbury tells us, that he " had feen fome who were fo much enraged againft them, that whenever they met with a copy of the Roman law, they tore it in pieces, or threw it into the fire. King Stephen, out of hatred (as the learned Mr. Selden thinks) to Archbimop Theobald, joined in this oppofition, by publifhing an edict, impofing filence on Vacarius, and pro- hibiting any one to read the books of the civil law10. But this edict did not put a flop to the fludy of the civil law, as will afterwards appear. Charter Of Though the title of Henry II. to the crown was Henry II. more clear and unexceptionable than thofe of his three predeceffors, he thought it prudent, on his acceffion, to conciliate the affections of his fub- jects by granting them a charter, confirming that of his grandfather Henry I. " This great prince, in the courfe of his long reign, made

' J. Sarilburien, 1.8* c.4z. p.67Z.

10 Id. ibid. Selden, apudFletam, €.7.

11 Judge Blackftone's Law-trafts, vol. a. p.n.

feveral

Chap. 3. Sea. 2. CONSTITUTION, &c. 5

feveral improvements in the law, efp^cially in its forms, in the manner of its adminiftration, and the practice of its courts. This appears very plainly from that moil ancient treatife of the laws and cuftoms of England, written by, or at lead publifhed under the name of, Ranulph de Glanvill, who was chief jufticiary to this king l2. Some of thefe improvements merit a place in hiflory. .

The unhappy feparation of the ecclefiaftical Amend- from the civil courts made by William I. had by ^"^fi this time produced the mod fatal confequences. the reign For the former of thefe courts had not only be- ^ come terrible to perfons of all ranks, by their interdicts, excommunications, and other cen- fures ; but the clergy, in confequence of this feparate jurifdi6lion, to which alone they pre- tended they were refponfible, had emancipated themfelves in a great meafure from all fubjeclion to civil authority, and committed the moft horrid crimes with impunity. Henry II., if we may believe one of the belt of our ancient liiftorians, was affured by his judges, that the clergy, in the firft ten years of his reign, had committed no fewer than one hundred murders, befides many thefts, robberies, rapes, and other crimes, for which they could not punifti them '3. To put a flop to thofe intolerable evils, and reduce the clergy to the rank of fubjects, Henry, in a great

" R. de Glanvilla de Legibus et Confuetud. Anglise. 13 W. Neubrigen. l.a. c.i6. tom.z. p. 158.

council,

6o . HISTORY OF BRITAIN. Book III.

council, A. IX 1 164., enacted the famous confti- tutions of Clarendon I4. Thefe were lixteen in number ; and though they cannot be inferted here at full length, it is proper the reader fhould be made acquainted with their fubftance, which is as follows :

Conftitu- i. All pleas between clergymen and laymen aaren fliall be tried in the king's courts. 2. Churches don. in the ting's gift mall not be filled without his confent. 3. All clergymen, when accufed of any crime, (hall be tried in the king's courts ; and when convicted, mail not be protected from punifhment by the church. 4. Clergymen mail not go out of the kingdom without the king's leave. 5, 6. Regulate the manner of proceed- ings in the ecclefiaftical courts. 7. None of the king's minifters or vaffals fliall be excommuni- cated without his knowledge. 8. Appeals from the archbifhop to be made to the king. 9. Pleas between a clerk and a layman, whether an eftate was in free-alms or a lay-fee, to be tried in the king's court by a jury. 10. One of the king's tenants might be interdicted, but not excom- municated, without the confent of the civil judge of the place. 1 1 . All prelates, who hold baronies of the king, fliall perform the fame fervices with other barons. 12. The revenues of vacant fees and abbeys belong to the king. The election of prelates fhall be with the king's confent ; and they fliall fwear fealty, and do homage to the

'•* Gems Chron. col. 1386) &c.

king,

Chap. 3. Se<5t. 2. CONSTITUTION, &c, 6 1

king, before their confecration. 13^14,15. Di- re6t the manner of proceeding, in cafe any of the king's barons fliall diffeife any of the clergy of the lay-fees which they held under them. 1 6. The fons of villains mall not be ordained without the leave of their mailers IS. But the falutary effects of thefe conftitutions were in a great meafure prevented by the invincible op- pofition of Thomas Becket.

Juftice was not always adminiftered in thofe inftitution ancient times, by the barons and fheriffs in the ^Juftice*

J , , itinerant.

inferior courts, with the greateft wifdom and impartiality ; partly owing to the ignorance of the judges, and partly to the prevalence of fac- tion among the fuitors in thefe courts I6. Nor was it an eafy matter to procure relief from an iniquitous fentence pronounced by a baron or iheriff, on account of the great diftance and un- fettled (late of the king's court, which conftantly attended his perfon. To remedy thefe inconve- niencies, Henry II. with the advice of a great council of his prelates, earls, and barons, at Northampton, A. 0.1176., divided the whole kingdom into fix parts or circuits, and appointed three judges, learned in the law, to hold courts in each of thefe, by a commiffion from the king, impowering them to hear and determine allcaufes not exceeding the value of one half of a knight's fee, unlefs the matter was of fuch importance or

11 Gervas Cliron. 001.1386, &c.

'* Kale's Hift. Com. Law, p. 139, &c.-

difficulty

62

HISTORY OF BRITAIN.

Book III,

difficulty as to require the judgment of the king's court in his royal prefence I?. Thefe juftices itinerant took an oath, to adminifter juf- tice to all perfons with impartiality l8. They had alfo authority to judge in all criminal caufes and pleas of the crown, and to tranfacl a variety of other affairs for the public good. A fmall change was made in this excellent inftitution, A. D. 1179., by dividing the kingdom into four circuits, and allowing a greater number of judges to each of thefe circuits '9. It is eafy to con- ceive how great a check the circuits of thefe judges of fuperior rank, knowledge, and inte- grity, muft have given to the wantonnefs and partiality of the inferior courts, and how great an advantage they were to the people, by bring- ing juflice within their reach. It muft, how- ever, be confeffed, that though the honour of bringing this wife inftitution to a fettled ftate is due to Henry II. there is fufficient evidence that courts were held, occalionally at leaft, by itinerant judges in more ancient times. 20 Henry II. This wife prince was no friend to the fuperfti- a friend to tious modes of trial by fire and water ordeals, nor to the barbarous one by fingle combat, efpecially in civil caufes. He therefore endeavoured to introduce trials by juries, or by the oaths of twelve men of the vicinage, called the grand qffize, as more rational. With this view he

trials by juries.

17 Hoveden. Annal. p. 3 13.

19 Hoveden. Annal. p. 3 3 7.

20 Madox, Hift. Excheq. p.86, 87,

1O

M. Paris, p. 9*. col. r.

made

Chap. 3. Sea. 2. CONSTITUTION, &c.

made a law, allowing the defendant, in a plea of right, to fupport his title, either by {ingle com- bat, or by a grand afljze, " which (fays Glanvill) " is a benefit granted to the people by the king's " clemency, upon confultation with his nobles, " in tendernefs of life, whereby men might de- " cline the doubtful fuccefs of battle, and try " the right to their freehold in the other way21." This was a great improvement in Englifli jurii- prudence, and from hence we may date the more frequent ufe ofjuries than in former times. "Though Richard I. fpent much of his time out of the kingdom, and in the toils of war, he was not inattentive to matters of police and law. The by Rich laws which he made for the government of his atdL fleet in his voyage to the Holy Land, are truly curious, particularly the lad of thefe laws, which is to this purpofe : " If any one is convicted " of theft, let his head be Ihaved like a cham- " pion's ; let melted pitch be poured upon it, " and feathers fhaken over it, that he may be " known, and let him be fet on more at the firfl " land to which the Ihip approaches "." To fay nothing of his other maritime and mercantile laws, which will be more properly coniidered in another place, he made fome excellent regula- tions for eftablilhing an uniformity of weights and meafures over the whole kingdom 23 : a thing much to be defired, but not yet accom-

21 Glanvill, 1. a. c.;..

" Chron. J. Brompt. apud X Script. 001.1173*

22 Hoveden. Annal. p. 441.

plifhed.

64 HISTORY OF BRITAIN. Book III.

plifhed. This prince gave alfo very long and particular directions to the juftices itinerant for the regulation of their conduct on their circuits. Thefe directions were contained in two capitu- laries, one relating to the pleas of the crown, and the other to the affairs of the Jews, who, on account of their numbers and riches, were regarded by government with great attention*4. Richard I. gave alfo very particular directions to the juftices of his forefts, who held forefl- courts in all parts of England, at which all archbifhops, bifhops, earls, and barons, as well as perfons of inferior rank, were obliged to attend, and anfwer to interrogatories 2S. Thefe directions, which are too long to be here in- ferted, fet the rigour of the foreft-laws in fo ilrong a light, that we need not wonder the barons in the next reign infifted upon fome ar- ticles being inferted in the great charter for mitigating their feverity. Meiiora- Though King John was certainly one of the

tions of worft princes that ever filled the throne of Enff- the confU- | . . _ _ . °

tution in land, his reign will be for ever memorable for

the reign fae melioration of the conftitution by the great

JohnT§ charter of liberties that was then obtained. His

merit, however, in this melioration was very

fmall, as he contributed to it only by rendering

himfelf odious by his vices, contemptible by his

follies, and impotent by his lofles, which both

conftrained and encouraged his fubjects to

34 Hoveden. Annal. p. 424- 2S >bid.

demand,

Chap. 3. Sea. 2. CONSTITUTION, &c. 6

demand, and enabled them to obtain, by means already related, this great paladium of Englilh liberty. 26

We are indebted to the labours of a learned Magna judge for an accurate hiftory, and correft edition, Jj£*U^ of the Great Charter of King John, and of the Charter. iimilar charters of his fon Henry III. and grand- fon Edward 1. 2? From that edition the charter, in the Appendix, No. i. is printed; to which a plain and almoft literal tranflation is fubjoined, No. 2. which may be agreeable to fome readers.

It is not the province, though it were in the power, of an hiilorian, to give a complete com- mentary on this famous charter. All the pur- pofes of general hiflory, it is hoped, will be fuffi- ciently anfwered by a very fhort analyfis, pdint- ing out, in a few words, the grievances and hardships that were intended to be removed, with the liberties and privileges that were de- igned to be granted, by the Great Charter o^ King John.

The privileges and liberties that were granted Privileges or confirmed to the people of England by this ft"a^eb charter, may be divided into thefe four claffes : into four i. Thofe that were granted to the church and claffes* clergy. 2. To the earls, barons, knights, and others, who held of the King in capite. 3. To cities, towns, and merchants, for the encourage- ment of trade. 4. To the whole body of free- men. For none of the parties concerned in this

16 See vol. 5. p. 25 4. 2? Law-tra<5b, vol. 3.

VOL, vi. F charter

HISTORY OF BRITAIN. Book III.

charter ever entertained a thought of emanci- pating flaves or villains ; and therefore they are mentioned only once, and that for the benefit of their mafters.

Privileges As Archbifliop Langton, and fix other bifhops, were at tne neac^ of the barons who procured this charter, we may be certain that the interefts of the church would not be forgotten. But the power and wealth of the clergy were then fo great, and their grievances fo few, that they had hardly any thing to complain of or to afk. This is no doubt the reafon that there are fo few arti- cles in the charter, particularly refpecting the church and clergy.

The famous conflitutions of Clarendon, made by Henry II. A. D. 1164., had been the great object of the execration and horror of the popes, and of thofe Englifh clergy who were of their party, for half a century before the granting of the Great Charter. There is hardly a name in the Latin language, expreffive of abhorrence and detefiation, which is notbeftowed by the monkifh writers of thofe times on thefe hated regula- tions 1S. After a long and violent ftruggle, in which Archbifliop Becket loit his life, Henry II. had been obliged to give up the greateft part of his favourite conftitutions 29. To guard againft the reflonition of thofe detefted laws, and to eradicate their remains, had been the chief con-

18 Epift.S. Thomae, p.ja. aio. 288. 450. 467. 499. 570, &c. 25 VitaS.Thomse, p. 148;

cern

Chap. 3. Sea. 2. CONSTITUTION, Ac.

cern of the Englifh clergy for many years. It was evidently with this view that the feveral articles refpeeling the church and clergy were inferted in the Great Charter, which feems to be the true key for the right underftanding of thefe articles.

It is declared in the firfl article, " that the " Englifh church fhall be free, and have her " rights entire, and her liberties unhurt30." By the freedom here flipulated for the church of England, we are moil probably to underftand the exemption of the clergy from the jurifdielion of the civil courts, to which they had been fub- jected by the third conftitution of Clarendon 3I. This pernicious exemption was contended for by Becket, and the great body of the clergy, as if it had constituted the very effence of Chriflianity, on which the exiftence of the church depended; and when they had obtained it, they defended it with equal obftinacy. One of the rights of the church, which is particularly mentioned in this firft article, is dire6lly contrary to the twelfth conftitution of Clarendon. It is the right which John had granted by a particular charter about 3, year before, to the monks of cathedral churches and abbeys, freely to chufe their own bifhops and abbots. 32

The twenty-fecond article of the charter feems to indicate very plainly, that the freedom granted

30 Appendix, No. i, a. JI Gervas Chron. col. 1386.

*' Id. col. 1388. Kymeri Foedera, 1. 1. p.i97,

F a to

68 HISTORY OF BRITAIN. Book III.

to the clergy implied an exemption of their per- fons as clergymen, and of their benefices belong- ing to the church, from civil jurifdiction. For by that article it is declared, that no clergyman fhall be amerced according to the value of his ecclefiaftical benefice, but according to his fecu- lar eftate. A clergyman, therefore, who had no fecular eftate, was not liable to be amerced. One reafon of inferting that article feems to have been, that fome clergymen, who had fecular eftates, had been fo unreafonable as to plead, that thefe eftates mould be exempted from civil jurifdi6lion, as well as their ecclefiaftical bene- fices.

None of the conftitutions of Clarendon was more difagreeable to the Pope and clergy than the fourth, which prohibited all archbifliops, bifhops, and clerks, from going out of the king- dom without the king's leave 33. For by this law the clergy were prevented from profecuting their appeals and other affairs at the court of Rome, and that court was deprived of much power and riches. This reftraint was effectually removed by the forty-fecond article of the Great Charter, which permitted all perfons, the clergy not excepted, to go out of the kingdom and return into it when they pleafed. 34 Privileges As the earls, barons, and other military te- grantedto nants of the crown, were the chief inftruments of

the barons, .

&c. by the procuring the Great Charter ; there are feveral

Great

Charter. « Gervas Chron.i386. * Appendix, No. i, a.

articles

Chap. 3. Sea. 2. CONSTITUTION, &c. 69

articles in it particularly calculated for their re- lief and benefit, by mitigating fome of the mod oppreffive rigours and abufes of the feudal fyftem of tenures, under which they groaned. Thefe articles, though they were of great importance, will not require much illuflration; as the remedy provided by the charter, clearly enough points out the evils intended to be remedied.

By the fecond article of the charter, the reliefs of the heirs of earls, barons, and other military tenants of the crown, are fixed and afcertained according to the ancient rate of reliefs. 3S

By what means this ancient rate of reliefs had been laid afide, we are not informed. But there is fufficient evidence, that in the late reigns, as well as in that of King John, the reliefs of earls and barons had been arbitrary and uncertain. Henry I. fays, in his charter which he granted at his acceffion, " if any of my earls, barons, " or other vaiTals die, their heirs mail not be " obliged to redeem their land, as they were in " the time of my brother ; but they mail be put " in pofleffion of it on paying a juft and reafon- " able relief36." Glanvill, who flourifhed in the reign of Henry II., acquaints us, " that the " reliefs for baronies were not fixed ; but were " according to the pleafure and mercy of the « king "." This was alfo the law of Scotland in this period38. It is eaiy to imagine how

35 Appendix, No. I, a. 36 Appendix, No. i.

37 Glanvill) 1. 9. 0.4. *8 Regiam Majeftatem, 1. 2. 0.71.

> 3 great

70 HISTORY OF BRITAIN. Book III.

great an inftrument of oppreflion the uncer- tainty of reliefs might be in the hands of fuch princes as William Rufus or King John, and how great an advantage it was to the military tenants of the crown to have them afcertained.

Though the king reaped great profits from the wardfhip of the heirs of his earls, barons, and other vafials, when they were minors, and ought therefore to have put them in pofleflion of their lands when they came of age, without exa6ling any relief or payment of any kind, it appears to have been common to demand a fine proportioned to the value of the eftate 39. To correct this abufe, it is declared, (article 3.) " that when *' an heir who had been a ward, comes of age, " he lhall have his inheritance without relief or " fine."

Sometimes a king of England, in this period, appointed the meriff of the county, or fome other perfon, to manage the eftate of an earl or baron who was his ward, and to pay the profits arifing from it into the exchequer. At other times he fold or granted the wardfhip, with all its profits, to fome particular perfon. In both thefe cafes, the tenants on the eftate of the royal wards were often much opprefled, and the eftates wafted, by the managers, the grantees, or pur- chafers, for their own profit. The perfons who had the cullody of thofe eftates alfo permitted the caftles, houfes, mills, parks, &c. upon them to

39 Madox Hift. Excheq. ch. 13. fedt. 8. p«333»

14 go

Chap. 3. 8ed. 2. CONSTITUTION, &c.

go to ruin, becaufe they would not be at the ex- pence of repairs. By the fourth and fifth articles of the Great Charter, fome partial remedies are provided againfl thefe abufes ; in which the moft remarkable circumftance is this, that the mana- gers of thefe eflates are prohibited from walling the men, as well as the cattle, woods, and other things upon them 40. This {hews, that the un- happy men who were annexed to their eftates, were viewed in the fame light, by the mighty champions of liberty, the authors of the Great Charter, as the negroes in our plantations are viewed by their proprietors. 4I

If the heirs of earls, barons, and other mili- tary tenants of the crown, were liable to great lofles in their fortunes from their fovereign's right of wardfhip, they were liable to flill greater in- juries from his right of difpofing of them in mar- riage. In confequence of this unnatural right, the heirs and heireffes of the greateft families and fortunes were frequently fold or granted in mar- riage to perfons difagreeable to them or un- worthy of them ; or were obliged to prefer ve themfelves from fo great a calamity, by paying exorbitant fines. To fet fome bounds to this intolerable tyranny, it was granted by the fixth article of the Great Charter, *6 that heirs fliould " not be married to their difparagement, or " without the knowledge of their relations 4V

40 Appendix} No. I, a. 4' See Obfervations upon the

Statutes, p. 6. 4* Appendix, No. i, 3.

F 4 But

72 HISTORY OF BRITAIN. Book III,

But this was evidently too general and indefinite to be an effectual remedy to fo great an evil.

Not only heirs and heireffes, but alfo widows, were fubjected to great oppreffions by the feudal jyflem. They were often obliged to pay heavy fines to obtain pofleffion of their dower, and for liberty to remain unmarried, or to marry whom they pleafed. Thus Maud Countefs of War- wick, in the thirty-firfl year of Henry II., gave feven hundred marks to the King, equal in value and efficacy to feven thoufand pounds of our money at prefent, that fhe might have her dower, and be at liberty to marry whom (he pleafed43. Lucia 'Countefs of Chefter paid five hundred marks to King Stephen, that me might not be compelled to marry within five years 44. King John had carried this part of feudal op- preffion, as well as all the reft, to a greater height than any former prince ; for Alicia Countefs of Warwick paid him no lefs than one thoufand pounds, that fhe might not be forced to marry till fhe pleafed45. The feventh and eighth articles of the Great Charter were in- tended to reftrain thefe abufes. 46

While the kings of England acted as if they had been the fole judges both of the quantity of the feudal preftations, of aids, fcutages, and tallages, and of the frequency of exacting them, (as they often did in this period,) the property

*3 Madox Hift. JExcheq. ch. 13. fedt. 2. « Id. ibid.

v Id. ibid. Append. No. i, 2.

of

ehap.3. SeA.2. CONSTITUTION, &c. 73

of their vafTals was infecure. For when the king could take any proportion of their goods at any time he pleafed, they had, properly fpeak- ing, nothing that they could call their own. To prevent this moft dangerous abufe in the fove- reign, and to prevent his granting permiffion to inferior feudal lords to be guilty of abufing, in the fame manner, their power over their vaf- fals, is the intention of the twelfth and fifteenth articles of the Great Charter 47. Thefe articles, however, did not prevent thofe abufes, which were not effectually removed till long after the conclufion of this period.

So very tyrannical and encroaching had fome of our princes been, that when the military vaffal of an inferior lord happened to hold a fmall piece of land of the crown by foccage, or burgage-tenure, they claimed the wardfhip and marriage of his heir, though they mofl evidently belonged to the lord of whom he held by mili- tary tenure. This moft unreafonable claim was relinquiflied by the thirty-feventh article of the Great Charter.

Becaufe it would have been impoffible to enumerate all the various unjuft vexations to which the military vaffals of the crown were liable, and to provide particular remedies for each of them, a general provifion is made in the fix- teenth article, " that no man (hall be con- " ftrained to do more fervice for a knight's fee

4? Append, No. i, a.

« than

HISTORY OF BRITAIN. Book in.

" than what is due." But this provifion was too general to be of much life.

Such were the mitigations of fome of the greatefl rigours of the feudal fyftem, obtained from King John, in this famous charter, by the barons j but none of them were capable of form- ing an idea of the perfect freedom from all the fervilities of that fyftem, which their poflerity now enjoy.

One thing which feeined at leafl to render the above limitations of the power of the fovereign as a feudal lord of greater value, and more univer- fal benefit, was this, that, by the iixtieth article of this famous charter, the fame limitations are impofed upon all inferior feudal lords towards their vaffals 4S. This article, which was highly reafonable, was probably inferted at the defire of the King ; and in the event was fo far from extending the benefit of the limitations in the charter, that it contributed not a little to render them ineffectual. For though the great barons were very delirous to prevent the tyrannical exercife of the feudal authority of the fovereign towards themfelves ; many of them were much inclined to exercife it in that manner towards their vaffals, and continued to do fo after this charter was granted. This both encouraged our kings to violate all its limitations, and furnilhed them with a ready anfwer to all the complaints of their barons. So uncertain are the effects of

48 Append. No. i, a,

political

Chap. 3- Sea. 2. CONSTITUTION, &c. 73

political regulations, and fo different do they fometimes prove in fact, from what they promifed in theory.

The great barons in this period had in general Privileges little knowledge of trade, and little regard for grai«eato

& towns, &c.

merchants: bendes, the cities and towns of by the England, for almoft a century after the con- Great

n -r i i Charter.

quelt, London and a few others excepted, were very inconfiderable, and many of their inha- bitants were little better than flaves to the king, or to the barons in whofe territories they were fituated. But about the middle of the twelfth century they began to emerge from this obfcurity into forae degree of confideration. Many fmall towns were made free burghs by the royal char- ters of Henry II., Richard!., and King John ; and had merchants, guilds, and other fraterni- ties eflablifhed in them, with various privileges, which foon filled them with inhabitants 45. Many of thefe free burghs favoured the caufe of the barons. The citizens of London, in particular, embraced their party with fo much zeal, that they gave them pofTefrlon of their city, to which they were chiefly indebted for the fuccefs of their enterprife 50. This was probably the reafon that the privileges of cities and towns, and the inte- refts of trade were not quite neglected in the Great Charter.

It was granted by the thirteenth article of that charter, that the city of London, and all the

49 See Brady of Burghs. 50 M. Paris, p.n;. col.r.

other

7 6 HISTORY OF BRITAIN. Book II,

other cities, burghs, towns, and ports of the kingdom, fhould enjoy all their liberties and free cuftoms, both by land and water 5I. In times when law and juftice had their regular courfe, fuch a ftipulation would have been thought un- neceffary. But this was far from being the cafe when fines from cities, towns, and corporations, for licence to ufe their legal rights and liberties, conflituted a confiderable branch of the royal revenue52. By the twenty-third article it is declared, that towns (hall not be compelled to build bridges or embank rivers, except where they are obliged to it by law. It was probably at the defire of the citizens of London that the thirty-third article was inferted, commanding all cruves or wears (then called keydels) to be removed out of the rivers Thames and Medway, and other rivers ; becaufe they obftrufted the navigation of thefe rivers. This appears plainly from a precept of Henry III. granted about twelve years after this, ftriclly requiring, " that " for the common utility of the city of London, " all keydels in the rivers Thames and Medway, " and particularly thofe near the tower of Lon- " don, be immediately removed s3.5' It is alfo probable that the thirty-fifth article, command- ing the London meafures of wine, ale, and corn, with an uniformity of weights to be obferved over all the kingdom, was dictated by the Lon-

" Appendix. No.i, a. " Madox Hift. Excheq. c.xx»x».

^3 Coke's Inftitutes, partufecond, p.38.

10 tloners,

Chap.3. Sed.2. CONSTITUTION, &c. 77

doners. Lending money on intereft} was, in this period, called ufuiy, and prohibited to Chriftians by the canons of the church, and even by the laws of the land S4. This branch of bufinefs therefore fell entirely into the hands of the Jews, who were the only money lenders, and commonly great extortioners. It was probably at the fug- geflion of the Londoners, who had borrowed great fums of the Jews, that the tenth article was inferted in the charter, " that money owing to " Jews mould pay no intereft during the mino- " rity of the debtor ;" though it mud be con- ferred that this article was equally advanta- geous to feudal fuperiors who had the wardfhip of minors.

One of the greateft obftrudlions to the progrefs of commerce in this period, was an impolitic and ungenerous jealoufy of ftrangers in general, and of foreign merchants in particular, that prevailed in England, as well as in feveral other coun- tries ss. In confequence of this thefe merchants were fubje6led to many restraints and hardfhips. They were not allowed to come into the king- dom but at certain times, nor to ftay above forty days, nor to expofe their goods to fale, except at certain fairs s6. They were often obliged to pay great fines to the king for licence to trade, and much higher cuftoms and tolls of all kinds

5* Johnfon's Canons, A.D. 785. 17. 1064. 16.

55 Obfervations on the Statutes, p. 31. Leges Wallic*, p. 330.

*6 Mirror, c.i. fedl»3.

than

7 8 HISTORY OF BRITAIN. Book III.

than natives57. Both their perfons and their goods were expofed to great violences when a war happened to break out between England and the country to which they belonged. But about this time jufter notions of trade began to be entertained by.fome perfons, molt probably by the chief citizens of London, and by their influence, an article (theforty-firil), very favour, able to foreign merchants both in times of peace and war, was inferted in the Great Charter. The language of this article is fo plain that it needs no ill u ft ration.5*

Privileges The great barons, who were the chief inftru- granted to menf-s of procuring this famous charter, may be

3.11 rrcc- *

men by viewed as a6ling in the two capacities, i. of the the Great notary vaffals of the crown ; 2. of the fubjefts of the kingdom. They confulted their intereft in the firft capacity, by the limitations of the rigours of the feudal tenures which they procured, in which all who held lands by military fervices fhared with them. They confulted their intereft in the fecond capacity by the amendments they procured in the general police of the kingdom, in which all their fellow-fubj eels, who were free- men, were partakers. Thefe amendments were numerous and important, tending to remove or alleviate the feveral grievances of which the people in general complained.

57 Madox Hift.Excheq. chap.i3. fedl. 3. p-323. 118 See Append, No. i, a.

The

Chap. 3. Sed.2. CONSTITUTION, &c.

The greateft of all the grievances of which the people of England complained in this period, was, That the mere will and arbitrary com- mands of the fovereign were fubflittited in the place of law, and men were feifed, imprifoned, ftripped of their eflates, outlawed, banifhed, and even deftroyed, without any trial. That this complaint was not without foundation, might be proved by giving examples of every one of thefe tyrannical acls ; but it will certainly be fufficient to give one example in which they are all in- cluded, and that taken from the hiilory of the beft prince who reigned in this period. Henry II. was fo much enraged againfl Thomas Becket Archbifliop of Canterbury for his oppofition to the conftitutions of Clarendon, and his flight out of the kingdom, that he apprehended all his re- lations, friends, and dependants, to the number of four hundred perfons, men, women, and children, confifcated all their eftates and goods, and banifhed them out of the kingdom in the middle of winter, A.D. 1165., obliging all the adults among them to take an oath at their de- parture, that they would go to Sens, and prefent themfelves to the Archbifhop S9. All this was done, not only without any trial, but even with- out any fufpicion or poffibility of guilt, as many of the fufferers were infants, by the mere arbi- trary command of the King, in order to diftrefs

Vita S. Thornse, 1. a. 0.14. p. 82. Epiftolae S, Thomaj, 1. 1. Ep.4». 1.3. Ep.79.

the

8o HISTORY OF BRITAIN. Book III.

the Archbifhop by the fight of fo many perfons connected with him by the ties of blood or friendfhip, ruined on his account, and to op- prefs him with the charge of their fupport. To put a flop to fuch outrageous exertions of arbi- trary power, the following conceffion was made by King John in the thirty-ninth article of his charter: " No freeman mall be apprehended, " or imprifoned, or difieifed, or outlawed,- or " banifhed, or any other way deflroyed, nor " will we go upon him, nor will we fend upon " him, except by the legal judgment of his " peers, or by the law of the land60:" the mofl valuable llipulation in the whole charter, and the grand fecurity of the liberties, perfons, and properties of the people of England, which cannot be unjuftly invaded if this law is not vio- la"ted. The expreffions, we will not go upon him, we will not fend upon him, fignify, that the king would not fit in judgment, or pro- nounce fentence, on any freeman, either in per- fon, or by his judges, except by the verdict of a jury, or by a procefs conducted according to the eftablifhed laws of the land. By this lafl expref- fion, trials by ordeals, by judicial combats, and by compurgators, are probably intended, as thefe were all in ufe at this time, and agreeable to law.

Next to the fubflitution of arbitrary will in the place of law, the king's perfonal interfering

60 Append. No.i, 2.

in

Chap. 3. Sea. 2. CONSTITUTION, &c. 8 1

in law-fuits depending before his courts, in order to interrupt or pervert the regular courfe of juf- tice, was one of the greateft grievances of this period. This was done in fo public and fhamelefs a manner, that the bribes received by our kings for thefe iniquitous practices, were regularly en- tered in the revenue-rolls of every year, and amounted to great fums 6I. To put a flop to this great abufe, it is promifed by King John, in the fortieth article of his charter, " To no man " will we fell, to no man will we deny or delay " right and juftice." 62 i/

The people of England alfo complained, that too many of the judges had neither a competent knowledge of the law, nor a due regard to juftice. To remove the ground of thefe com- plaints, King John engaged, in article forty- fifth, " We will not make jufticiaries, conftables " of caftles, fheriffs, or bailiffs, unlefs of fuch " as know the law of the kingdom, and are well " inclined to obferve it63." Still further to fe- cure the lives of the fubjects from being endan- gered by the ignorance or iniquity of inferior judges, it is provided by article twenty-fourth, " That no fheriff, conftable of a caftle, coroner, , " or bailiff,, fhall hold pleas of the crown," i. e. try capital crimes, or inflicl; capital pu- niftiments.

" Madox. Hift. Excheq. chap, i a. " Append. No. i, a.

63 Id. ibid.

VOL. vi. * The

82 HISTORY OF BRITAIN, Book in.

The ambulatory unfettled (late of the King's court, which conftantly attended the royal per- fon, was a great obftru6lion to the regular ad- miniftration of juftice, and made a revifal of the proceedings of inferior courts very hard to be. obtained. To remove this inconveniency, it is declared by article feventeenth, "Common " pleas fhall not follow our court, but be held <c in fome certain place64." Amerciaments far trivial offences, or exorbitant and ruinous ones for real delinquencies, were among the greatefl grievances of the people of England in this pe- riod. The caufes for which amerciaments were impofed, were almoft innumerable ; and as the rates of them were unfettled, and they brought much money into the royal coffers, they were frequently exceffive65. This was fo much the cafe, that thofe who were amerced, were faid to be in mifericordia regis, or at the king's mercy. To fet fome bounds to thefe oppreffions, was the intention of the twentieth, twenty-firft, and twenty-fecond articles of the Great Charter ; by which it is declared, that earls and barons {hall not be amerced, except by their peers, and that according to the degree of their deliquencyj that no freeholder or freeman fhall be heavily amerced for a flight default, nor above meafure even for a great mifdemeanor ; flill faving to a freeholder his freehold, to a merchant his mer-

*4 Append. No. i , ». "s See Madox. Ilift. Excheq. chap. 14,

chandife,

Chap. 3. SeA.2. CONSTITUTION, Ac. 83

chandife, and to a ruflic his implements of huf- bandry 66. The favings to thefe different kinds of perfons are called in the charter their con- tenement ; which fignifies fuch a refervation of their eflate and goods, as enabled them to keep their countenance, to live in their former ranks, and purfue their former bufinefs 6?. Thus alfo his arms were the contenement of a foldier, his books [of a fcholar, and, by the laws of Wales, his harp made a part of the contenement of a gentleman. 6S

The prerogative of pre-emption of all things necefiary for their court and caftles, commonly called purveyance, which belonged to the kings of England in this period, was a fource of in- finite vexations and injuries to their people. This was fometimes owing to the avarice, and fometimes to the official infolence and cruelty, of the ''purveyors, who attended the court in all its motions. The miferies inflicted on the coun- try by thefe petty tyrants in the reign of Wil- liam Rufus, are thus pathetically defcribed by a writer of undoubted credit, who flourifhed in thofe times, and beheld the fcenes he reprefents: " Thofe who attended the court, plundered and " deftroyed the whole country through which " the King paffed, without any controul. Some " of them were fb intoxicated with malice, that " when they could not confume all the provi-

46 See Appendix, No.i, a.

*7 Obfervations on the Statutes, p. 10.

* Glanvill, 1.9. c. 8. Bnufton, 1.3. Trail, a. c. a.

G 2 " lions .- 1

HISTORY OF BRITAIN. Book III.

" fions in the houfes which they invaded, they " either fold or burnt them. After having " waflied their horfes feet with the liquors they " could not drink, they let them run out on the *e ground, or deftroyed them in fome other way. " But the cruelties they committed on the mat " ters of families, and the indecencies they of- 6f fered to their wives and daughters, were too " fhocking to be decribed 69." Under better princes thefe enormities were, no doubt, in fome degree reftrained ; but we can hardly fuppofe that the courtiers and purveyors of King John were much more modeft than thofe of William Rufus. To prevent in fome meafure thofe intolerable oppreflions, is the defign of the twenty-eighth, the thirtieth, and thirty-fiift articles of the Great Charter.

The fondnefs, or rather rage, of our ancient kings, for hunting, was productive of many mifchiefs to their fubje6ls. Great traces of coun- try, in almoft every county of England, were defolated, and converted into forefts, for their game; and thefe forefts, with the game contained in them, were guarded by the mod cruel and fanguinary laws 7I. For it was a received doc- trine in this period, before the Great Charter was granted, that the king might make what laws he pleafed for the protection of his forefts ; and that in making and executing thefe laws, he was

69 Eadmer. Hift. Novorum, 1. 4. p. 94. Appendix, No. i, 3. 71 W. Malmf. 1.3. p. 63. Hen. Knyghton, apud X Script, col. 4354.

not

Chap. 3. Sea. 2. CONSTITUTION, &c. 85

not under any obligation to obferve the ordinary rules of juftice 72. In confequence of this doc- trine, the foreft-laws were dictated by fuch a fpi- rit of cruelty, and executed with fuch feverity, that they were great objects of terror, and fources of diftrefs to thofe who were fo unhappy as to live near the precincts of any royal forefts. To mitigate in fome degree the cruelty of thefeforeft- laws, and the feverity with which they were exe- cuted, was the intention of theforty-fourth,forty- feventh, and forty-eighth articles of the Great Charter of King-John ". Thefe articles, however, were foon found to be infufficient to anfwer the ends for which they were intended; and therefore the barons, in the ninth year of the next reign, obtained a feparate charter, called carta dejb- refta, or, the charter qftheforejls, containing more precife and particular regulations. 7*

The Great Charter of King John contains fe- veral other articles, befides thofe on which obfer- vations have been made above ; but thefe are either of a temporary or private nature, or relate to law- writs, and forms, long ago obfolete ; or are of little importance, or fo plain that they need no illuftration. .

The barons who procured this famous charter, Securities were not ignorant, that the King had granted it f( with the mofl extreme reluctance ; and therefore the Great they took every precaution they could invent to Ch2rter- render it effectual, and to fecure the rights and

71 Dialogus de Scaccario, 1. 1. c.n. 7i Appendix* No. i, a.

74 S$e Law-tra&s, vol. a. p-93«

c 3 liberties

86 HISTORY OF BRITAIN. Book III.

liberties they had obtained. The great feal was not only appended to it in due form, but both the King and the barons took a folemn oath, to obferve it in all particulars with good faith, and without any dilfimulation. Not contented with this, they obtained authority to elect twenty-five barons to be the confervators of the charter, with power to compel the King, and his minifters, to fulfil all the articles of it, and immediately to re- drefs every violation. To put it out of the King's power to break through his engagements, and to enable the confervators effectually to fupport the charter, all the King's foreign auxiliaries, which were at this time almofl his only ftrength, were immediately fent out of the kingdom, and the tower of London was delivered to the con- fervators. 7S

Thefe fe- ^ w^ appear, however, in the third chapter curitiesin- of the eighth volume of this work, that all thefe e u ' precautions were ineffectual j and that it was not till after a very long and bloody ftruggle that the people of England obtained the peaceable enjoy- ment of the rights and liberties contained in the Great Charter of King John, and in the fimilar charters of his fucceflbrs. With fo much diffi- culty, by fuch flow degrees, and at fo great an expence of blood and treafure, was the venerable fabric of the Britifh conftitution erected. Eflo perpetua. May it remain for ever, the pride and felicity of thofe who enjoy its bleflings, the envy and admiration of furrounding nations !

75 Law-tradls> vol. a. p«39»

THE

HISTORY

OF

GREAT BRITAIN.

CHAP. IV.

The Hi/lory of Learning in Great Britain, from the landing of William Duke of Normandy, A.D. 1066., to the death of King John, A. D. 1216.

NATIONS are liable to various revolutions Nation* in the Hate of their minds, and extent of u;bleto .

' changes

their knowledge, as well as in their power and their in- wealth, and other external circumftances. The teiieftual fame people, who, in one period, are grofsly ig- ment8. norant, and even regard all literary purfuits with fupreme contempt, in another period become ingenious and inquifitive, and apply to the culti- vation of the fciences with the greateft ardour. This is a revolution more to their honour than the greateft victories, and therefore certainly G 4 merits

88 HISTORY OF BRITAIN. Book III.

merits a place in hiftory. We have feen the in- habitants of Britain involved in that profound darknefs which covered the face of Europe, and almoft of the whole world, for feveral ages after the fall of the weftern empire. We fhall now fee the day of fcience beginning to dawn upon them ; faintly indeed at h'rft, and liable now and then to be overcaft, but never quite extin- guilhed.

Plan of this ^s tne period we are now considering is not chapter, near fo long as any of the two former periods, it will not be necefiary to divide it into centuries, but only to give a brief account, i. Of the fe- veral fciences that were cultivated the improve- ments that were made in them and the reafons of thefe improvements ; 2. Of the mod conii- derable men of learning who flourifhed : 3. Of the chief feminaries of learning that were found- ed, or improved, in the courfe of this period.

SECTION I.

An account of the Sciences that were cultivated in Great Britain, from A.D. 1066., to A.D. 1216. of the im- provements that were made in them and of the reajbns of thefe improvements.

Thefci- HPHOUGH the ancient divifion of the fci- ences that A ences into the trivium and quadrivium.. is

were cul- . J

tivated. frequently mentioned by the writers of the twelfth century, it doth not feem to have been

1 2 flri6lly

Chap. 4. Se£. i. LEARNING,

ftriclly adhered to in the fchools '. For there is fufficient evidence, that all the following parts of learning were cultivated, in fome degree, in Bri- tain, in this period, viz. Grammar, rhetoric, logic, metaphyfics, phyiics, ethics, fcholaftic divinity, the canon law, the civil law, the com- mon law, arithmetic, geometry, aftronomy, aftrology, and medicine. Of the flate of all thefe branches of learning in Britain in the times we are now delineating, it is proper to take a ihort view.

Grammar, or the ftudy of languages, was pro- Grammar, fecuted by many perfons, with much ardour and no little fuccefs. The languages that were chiefly fludied in England in this period, were the French and Latin, the former being the lan- guage of the court, and the latter that of the church. " William the Conqueror (fays In- " gulphus, who was his friend and fecretary) " had fo great an abhorrence of the Englifh " language, that he commanded all the laws " and law-proceedings to be in French ; and " even the children at fchool were taught the " firft elements of grammar and letters in French, ". and not in Englifli V All Englifhmen there- fore who wiflied to appear at court, to converfe with the great, or to be fit for any office, were under a neceflity of acquiring the French lan- guage. But the Latin language was fludied

1 J. Sarifburienf. Metalog. 1.2. c. 12, p. 75 8. 1 Ingulph. Hift. p.513- col. I.

with

90 HISTORY OF BRITAIN. Book III.

with ftill greater keennefs by all who were of any learned profeffion, or afpired to any reputation .for learning; becaufe it was not only the lan- guage of the liturgies of the church, but that in which all the fciences were taught, all books were compofed, all accounts were kept, all let« ters. of bufinefs or compliment were written, in ' which all fcholars daily converfed, many of the clergy preached, not only before fynods and councils, but even to the common people3. Anfelm, Archbiftiop of Canterbury, in a letter to his nephew of the fame name, writes to this purpofe : " I command and charge you not " to be idle, but to ^profecute daily thofe ftudies " for which I left you in England. In parti- " cular, ftudy to know all the elegancies of " grammar j accuflom yourfelf to write fome- " thing every day, efpecially in profe j and la- *6 bour to acquire a plain and rational, rather " than an intricate way of writing. Speak al- " ways in Latin, except in cafes of abfolute n&- " ceffity V We have fome reafon to believe, that even the colloquial Latin of fcholars in this period was tolerably pure and elegant. Giraldus Cambrenfis mentions it as a very uncommon thing, that an old hermit, with whom he fre- quently converfed, did not fpeak Latin very correctly, but fometimes violated the rules of

3 Girald. Cambrenfig, de Rebus a fe geffis. Ang. Sacr. torn. a. p. 491. P. Blefenf. Opera, p. 262— 400.

4 Spicilegium Acherii, torn. 9. p. i»a.

i

xo grammar.

Chap. 4. Sed. i. LEARNING, &c.

grammar5. Some of the learned in this period had attained a very furpriling facility in fpeaking and writing Latin. Peter of Blois, Archdeacon of Bath, afferts, that the Bilhop of Bath, to whom he writes, the Archbiihop of Canterbury, and feveral others, had feen him dictate letters in Latin, to three different fcribes, on different fubjects, and write a letter in the fame language himfelf, at the fame time 6. It appears from the writings of feveral authors of the twelfth cen- tury, particularly .of John of Salifbury and Peter of Blois, that they were intimately ac- quainted with the Latin claffics, as they not only quote them very frequently, .and with great pro- priety, but alfo imitate their ftyle and manner with confiderable fuccefs. Thefe writers too re- commend the ftudy of grammar with the greateft warmth, and beflow upon it the higheft praifes. " Grammar, which is the fcience of fpeaking " and writing well, is the firft of all the liberal " arts and fciences ; the nurfe, if I may fo " fpeak, of all philofophy, and of every literary " ftudy. She receives them at their birth, from " the womb of nature, in a tender ftate, che- " rimes them in their infancy, with a mother's " care, gradually improves their ftrength, at- " tends and adorns them in every period of their

5 Oh! oh! noli difcere fcire, fed cuftodire: vana eft fcire, nifi cuftodiri. Tails enim erat ei loquendi modus Temper per infmitivum nee cafus fervabat ; & tamen fatis intelligi poterat. Girald. Cam* brenf. Anglia Sacra, t. a. ^-497.

' Epift. Pet. Blefenf. Ep. 94. p. 143. col. a.

" progrefs.

92 HISTORY OF BRITAIN. Book III,

" progrefs. To phildfophife fuccefsfully, with- " out grammar, is as impoflible as without both " eyes and ears 7." In a word, whoever hath perufed the works of the divines, hiftorians, and philofophers, who wrote in France and England in the twelfth century, will readily acknowledge the truth of the following declara- tion of one of the moft learned writers of literary hiftory : " Before we defcend to particulars, we " may affirm in general, that the latinity of no " age, from the decline to the revival of learn- " ing, was fo terfe and elegant as that of the " twelfth century 8."

The Greek and Hebrew languages were very far from being fo much fludied, fo well or fo generally underflood in Britain, in this period, as the Latin. But as many Jews refided and taught in England, their ancient language could not be unknown. Plain evidences of fome ac- quaintance with it, as well as with the Greek, appear in the works of Peter of Blois, John of Salifbury, and feveral others9. But by how many and in what degree the Hebrew and Greek languages were then underftood in Britain, we are not well informed. We meet with only two Englishmen in this period who were famous for their knowledge of the Arabian language. Thefe were Adelard of Bath, and Robert of Reading,

7

J. Sarifburienf. Metalogicon, 1. 1. 0.13. p. 759. 8 Bulei Hift. Univerfitat. Parifienf. torn. 2. p. 556. » P. Blefenf. Opera, p.596,&c. J. Sarilburienf. Metalogicon, 1. 1. -.10. p. 754.

who

Chap. 4. Sed. i. LEARNING, &c. 93

who returned into England in the reign of Henry I., after they had fpent feveral years in the Eaft in learning that language, and tranflat- ing books out of it into Latin. 10

From the ftudy of grammar, or the art of Rhetoric, fpeaking correctly, the youth of thofe times ge- nerally proceeded to the ftudy of rhetoric, or the art of fpeaking eloquently. This part of learn- ing was neglected, and even reprefented as un- neceflary and ufelefs, by fome philofophers of this period, who fpent their whole time, and em- ployed all the powers of their minds, on the fubtilties of Ariftotelian logic, which was then the mod admired and fafhionable ftudy. " Elo- " quence," faid they, " is either given or denied " by nature. If it is given, all pains about it *6 are unneceflary ; if it is denied, all pains to «« acquire it will be in vain11." But the ne- ceffity and many advantages of the ftudy of elo- quence were moft elegantly difplayed both in profe and verfe, by feveral writers of thofe times, particularly by John of Salifbury and Alan de Lifle. " The gifts of nature," fays the former, " are neceffary ; but they are not " fufficient to make a complete orator without " art and ftudy. There is no natural genius fo " ftrong, that negligence will not enfefeble ; nor " fo fublime, that it not will deprefs. No man " ever attained the reputation of being fuperla-

10 Martini & Durand. Thefaur. Anecdot. p. 393. Wallis Alge- bra, p. 5.

11 J. Sarilburienf.' MetalogicOD* 1.x. c.;. p. 749.

" tively

94 HISTORY OF BRITAIN. Book III.

" tively eloquent, even in one language, by the " mere force of natural genius, without the help " of art. For he is not to be efteemed eloquent " who can fpeak with tolerable eafe and fluency, " and fo as to be underftood. He alone is *' eloquent, who can exprefs the thoughts of his " mind, and the feelings of his heart, with fo " much fweetnefs, power, and energy, as not " only to convince and perfuade, but to charm " and tranfport his hearers with delight. " How admirable an accoraplifh mentis this! If " wifdom and virtue merit the firft place in our " efteem, eloquence undoubtedly claims the " fecond. How honourable is it to excel in the " powers of reafon and perfections of fpeech, " which are the peculiar excellencies of human <e nature ? How ornamental is eloquence in " youth ? how venerable in old age ? how pro- " fitable in every flage of life ? Who attain to " fame and admiration, to riches, honours, and " preferments, to the direction of all aflemblies, ** and fuccefs in all undertakings, with fo much " eafe and certainty as the eloquent rz?" Bulaeus, in his hiitory of the Univerfity of Paris, gives feveral examples of eloquence from the French and Engliih writers of the twelfth century, fome of which are truly excellent, and would do honour to any age ; but they are too long to be here inferted13. The verfes of Alan de Lifle,

" J. Sarifburieaf. Metalogicon, 1. 1. 0.7. p. 749.

15 Bulsi Ujfi. Uiiverfitat. Paj-ifienf. torn. 2. p. 557, &c.

quoted

Chap. 4. Se<5t.i. LEARNING, &c.

quoted below, will ferve as a defcription of the rhetoric, and as a fpecimen of the Latin poetry of this period, and will give the candid reader no unfavourable opinion of the ftate of thefe parts of learning.14

From rhetoric the youth of this period pro- ceeded to the ftudy of logic, on which they employed much time and labour. Ingulphus acquaints us, that after he had made himfelf a perfect mafter of the firft and fecond book of Tully's Rhetoric, he applied to the ftudy of Ariftotle's Logic, and made greater proficiency in it than many of his contemporaries Is. This is a fufficient proof that the logic of Ariftotle was ftudied by many of the Englifti youth at the very beginning of this period, and even a little before. For Ingulphus had left Oxford, and fettled in the court of William Duke of Nor*

14 Adfunt rhetoricse cultus, florefque colorum,

Verba quibus ftelata nitent, et fermo decorem

Induit» et multa candefcit claui'ula luce.

Has fermonis opes vultus et fidera verbi,

Copia rhetoricae jac~lat, juvenifque loquelam

Pingit, et in vario prsefignit verba colore.

Succincle docet ilia loqui, fenfufque profundos

Sub fermone brevi concludere, claudere multa

Sub paucis, nee diffufo fermone vagari.

Ut breve fit verbum, dives fententia, fermo

Facundus, multo faecundus pondere fenfus.

Vel fi forte fluat fermo, fub flumine verbi

Fluminet uberior fententia, copia fructus

Excufet, folii filvam paliafque vagantes

Ubertas granis redimat fenfufque loquelam.

Alanut de Infulis in Antitfaudiano, 1. 6. c. 6. Ingulph. Hlft. p. j 14. col. i.

mandy,

96 HISTORY OF BRITAIN. Book III.

mandy, feveral years before the conqueft lf- The truth is, that from about the middle of the eleventh century, the philofophy, and particu- larly the logic of Ariftotle, became fo much in vogue, both in France and England, that it was ftudied with great ardour, not only by all men who made any pretenfions to learning, but even by fome ladies of the highefl rank. The fame Ingulphus tells us, that Edgitha, the amiable confort of Edward the ConfefTor, after flie had examined him in Latin profe and verfe, often proceeded to attack him with the fubtilties of logic, in which me very much excelled ; and when flie had entangled him with her acute and artful arguments, and obtained the victory, fhe always difmifled him with a prefent of fome pieces of money I7. It is well known, that the fair unfortunate Heloifa, fo much beloved by the accomplifhed Peter Abelard, was one of the moft acute logicians of the twelfth century l8. The fondnefs of the learned for the Ariftotelian logic increafed fo much in the courfe of this cen- tury, that many perfons fpent their whole lives in the ftudy of it, and it was efteemed the mofl neceffary and excellent of all the fciences 19. But very unfortunately, this admired fcience, which had the difcovery and eftablifhment of truth for its profefled object, foon degenerated into mere

16 Ingulph. Hift. p. 5 1 4. coLr. '7 Id. ibid. p. 509.

18 Bulsei Hift. Univer. Parif. torn. 2. p. 42. Id. ibid. p. 7 8, 79.

fophiflry

Chap. 4. Sea. i. LEARNING, &c. 07

fbphiflry, and deferved no better name than that of the art of quibbling20. " I wifli (fays John " of Salilbury) to behold the light of truth, " which thefe logicians fay is only revealed to " them. I approach them, I befeech them to " inflruct me, that, if poffible, I may become as "• wife as one of them. They confent, they pro- " mife great things;, and at firfl they command " me to obferve a Pythagorean filence, that I " may be admitted into all the fecrets of wifdom, " which^ they pretend are in their poiTeilion. *' But by and by they permit, and even com- " maud, me to prattle and quibble with them. " This they call difputing, this they fay is logic ; " but lam nowifer2." The truth feems to be, that many iludious men, in this period, by fpending too much time, and employing too in- tenfe thought, on logical fubtilties, run into the two extremes, of Speculating fometimes on things too high and difficult, and at other times on things too low and contemptible, for human in- veiligation. That they run into the firft of thefe extremes there is the cleared evidence, as we find among the fubjecls of their invefligations and difputes, of the fubftantial form of founds, of the eflence of univerfals, &c. &c. 2i That they fometimes fell into the latter extreme, is no lefs evident, from the many ridiculous trifling queftions that were keenly agitated by them, of

30 J. Sariftmrien. Metalog. l.z. c.6. p. 794, &c.

11 Id. ibid. " Petri Blefenf. Ep.ioi. p-ij;.

VOL. vi. H which

£8 HISTORY OF BRITAIN. Book III-

which the following one may ferve for an ex- ample : When a hog is carried to market with a rope tied about its neck, which is held at the other end by a man, whether is the hog carried to mar- ket by the rope or by the man *3 ? This appears to us to be too ridiculous to be mentioned ; but it appeared in a very feriotis light to the logicians of this period, who declared with great gravity, that it was one of thofe queftions that could not be folved, the arguments on both fides were fo perfectly equal. In a word, the far greateft part of the queftions that were investigated by the logicians of thofe times, as John of Salifbury juflly obferves, " were of no ufe, in the church " or the ftate, in the cloifter or the court, in " peace or war, at home or abroad, or any where " but in the fchools." :4

Metaphy- The mctaphyfics and natural philofophy of this Datura? period, though they were taught with much phiiofo- parade, and ftudied with much diligence, do not Phy* deferve the name of fciences, or merit the atten- tion of pofterity. They confided of a prodi- gious number of abftra6l and fubtile fpecula- tions, about entity and non-entity, fpirit, primary matter, body, fubftance, accidents, fubflantial forms, occult qualities, folidity, exteniion, cohe- fion, reft, motion, time, place, number, magni- tude, &c. which contributed nothing to the real knowledge of nature, or benefit of human life25.

23 J. Sarifbur. Metalog. l.j. €.3. p. 740. *4 Id. ibid. p.8oi.

25 Bruckeri Hill. Philofopb. tom.^. p. 894. 897.

Adelard

Chap. 4- Sea. i. LEARNING, &c.

Adelard of Bath, already mentioned for his (kill in the Arabian language, publifhed a dialogue, on the caufes of things, between him and his nephew, who, he fays, read lectures on that fubjec~l, rather perplexing than inftrucling his hearers26. Philip de Tahun, about the fame time, coin- pofed a work on the nature of beads, for the in- ftru6tion of Alicia, the fecond queen of Henry I., which gives a very unfavourable view of the ftate of natural philofophy, as it is wholly fan- ciful, and turns every thing into allegory 27. Henry II., who was a great patron of learning and learned men, fent Giraldus Cambrenfis into Ireland, to examine the natural hiilory of that country28. His topography of Ireland (the writing of which, he fays, was the labour of three years) was the confequence of this corh- miflion ; and mews how ill qualified he was for the tafk in which he was engaged, by the great number of ridiculous incredible flories with which it abounds. To give one example of this, out of a hundred that might be given : " When " St. Kewen (fays he) was one day praying ** with both his hands held up to heaven, out of " the window of his chamber, a fwallow laid an " eg§> m one °f them ; and fuch was the patience " and good-nature of the faint, that he neither " drew in nor ftiut his hand till the fwallow had

'6 Martini & Durand. Thefaur. Anecdot. tom.j. p. 293.

:7 Cotton Bib. p. 48.

28 Expugnatio Hibernise, 1.2. 0.31. p. 806.

H 3 " bllilt

100 HISTORY OF BRITAIN. Book III.

built her nefl, laid all her eggs, and hatched " her young. To preferve the remembrance of " this fact, every flatue of St. Kewen in Ireland " hath a fwallow in one of its hands." 29 Ethics. The obfervations that have now been made on

the metaphylics and natural philofophy, may be applied to the ethics or moral philofophy, of this period. This fcience was efteemed an important part of a learned education, and as fuch it was taught and ftudied ; but in fo improper a man- ner that it contributed very little to enlighten the mind, to amend the heart, or to regulate the manners. Taking Ariftotle for their guide in this, as well as in logics and phyfics, they dif- puted with much warmth and fubtilty about libertyand neceflity, about the means,the ends, the acts of moral philofophy, whether it was a practical or fpeculative fcience, &c. &c. j but took little pains to fliew the foundations of moral obligation, or to illuflrate the nature, limits, and motives, of the various duties of men and citi- zens 30. This mode of philofophifing was feverely cenfured by John of Salifbury in many places. " They err (fays he), they imprudently err, who " think that virtue confifts of words, as a wood " of trees. No ! good actions are the glory of " virtue, and the infeparable companions of true " philofophy. But thofe men who are fonder " of the reputation than the reality of wifdom,

29 Topographia Hibernise, c. a8. p«73?.

30 Hiftoire Literaire de la France, torn.;. p.i88.

" are

Chap. 4. Secft. i. LEARNING, Ac. IOI

" are noify and contentious ; they Riri about the ce ftreets, they frequent the fchools, tliey dart a " thoufand frivolous and perplexing quedions, " and confound both themfelves and others by a " deluge of words." 3l

That extravagant fondnefs for Aridotelian Theology logic, which was the reigning tafte of this period, °r fchool- and of fome fucceeding ages, infec~led all the fciences in fome degree; but mod of all, divinity. It was this that produced that fpecies of theology which was fo long admired, and is fo well known by the name of/chool-divinity, and its teachers by the title of the fchool-men. When thefe divines compofecl commentaries on the Scriptures, it was not with a view to explain the real meaning of the words, or to illuftrate the truths that they contained, but in order to extract certain myftical or allegorical fenfes out of them, and to found certain curious queftions upon them for fubjects of difputation 31. An incredible multitude of fuch commentaries were written in thofe times, which have been long ago configned a prey to worms and duft. But the chief delight and bufi- nefs of the fchool-men was to write voluminous fyftems of divinity, confiding of a prodigious number of quedions on all fubjects, which they difcufled with the greated logical acutenefs. Some of thefe quedions were bold and impious, others trifling and curious, and not a few ob-

31 J. Sarifburienf. Metalog. apud Bulaei Hift. Parif. torn. a. p«597» 31 Hiftoire Literaire de la France, torn. 7. p.aoj.

H ^ fcene.

102 HISTORY OF BRITAIN. Book III.

fcene33. With their obfcenities and impieties, which are truly horrid, thefe pages lhall not be ftained ; and their frivolities are fo ridiculous, that they are quite unworthy of a place in hiftory. Their curiofity, though exceffive, and far from being innocent, was neither fo criminal as the former, nor fo ridiculous as the latter, and there- fore a few examples of it may be given. They canvafled, with great eagernefs, the following queftions, among a thoufand others of the fame kind : Was Chrift the fame between his death and refurrection, that he was before his death, and after his refurre6lion ? Doth the glorified body of Chrift ftand or fit in heaven ? Is the body of Chrift that is eaten in the facrament, dreffed or undrefted ? Were the clothes in which Chrift appeared to his difciples after his refur- rection real or only apparent ? &c. &c. 34 Canon The bifhops of Rome had long been engaged

in the ambitious project of eredling.a fpiritual monarchy, fuperior to all others, even in worldly power. With this view they had aflembled many councils, compofed of prelates from all Chriftian countries, in which they had enacted frmny laws, commonly called canons, for the government of that monarchy. This obliged the bifhops, and their officials, to make the canons of the church their ftudy, in order to

33 Erafmi Encomium Moriae. Launocus de Fortun. Ariftot. c. 14.

p, a73» &c.

-»•» Bulsei Hift. Univerf. Parifienf. torn. a. p. 613. Hiiloire Literaire de la France, torn. 7. p. zo8, 209.

direct

Chap, 4. SeA. i. LEARNING, *c, ri i i 1 03

direct them when they acted as judges in their fpiritual courts. But it was not till after the publication of the decretals of Gratian, about the middle of the twelfth century, that the canon . law attained the rank of a fcience, and was taught and ftudied in the fchools35. It ibon became the moll fafhionable ftudy among the clergy, as it was found to pave their way to the higheil honours and the rich eft benefices. Long before tke end of this period, it was taught with great applaufe and profit at Oxford, Paris, Orleans, and many other places 36. But the fub- tilties of the Ariftotelian logic gave a tincture to this as well as to the other fciences, which made John, of Salifbury complain, " That the laws " themfelves were become traps and fnares, in " which plain honeft men, who were unac- " quainted with logical quirks and fubtilties, " were catched -"." Peter of Blpis fpeaks with ftill greater feverity of fome ftudents and practi- tioners in the canon law : " It is the chief ftudy / " of the eccleiiaftical judges of our days, to mul- tiply litigations, to invent delays, to invali- " date contracts, to fupprefs truth, to encourage " falfehood, to increafe extortions, and, in a " word, to confound all law and juftice, by " their quirks and fubtilties."

35 Hift. Literaire de la France, torn. 9 p. 415.

36 Hugo Sacra Antiq. Monument, torn. i. p. 505. Bul«e Hift. Univerf. Parifien. torn. 2. p.jSo.

37 J. Sarifburienf. de Nugis Curialium, 1. 5. c.i6. p. 3 14. & P. Blefenf. Ep. 25. p. 45- col.i.

H 4 The

104 HISTORY OF BRITAIN. Book III.

Civil law. The ftudy of the Roman or civil law, was in- troduced into England about the fame time with that of the canon law. From the departure of the Romans, their laws were little known, and of no authority in this ifland, for more than feven hundred years 30. But the fludy of them having . been revived at Bononia, Paris, and other femi- naries of learning on the continent, about A.D. 1130., it foon after made its way into England. A copy of the Juftinian code, as hath been already obferved, was brought from Rome by fome of the family of Archbifliop Theobald, A.D. 1 140. ; and a few years after, Roger Vacarins, prior of Beck in Normandy, opened a fchool at Oxford, in which he read lectures on the civil law to very crowded audiences'10. But King vStephen, A.D. 1149., impofed filence on Vaca- rins ; who returned into Normandy, and was chofen abbo<*bf Beck 4I. A kind of pei fecution was raifed againft the profedbrs and Itudents of the civil law, by the common lawyers, and others ; but John of Salilbury fays, " That, by " the blefiing of God, the more the fludy of it " was perfecuted, the more it flourifhed 4V Henry II., who fucceeded Stephen, being a much greater politician, was far from difcouraging the ftudy of the civil law ; which, in conjunction with that of the canon law, prevailed very much in the univeriities, but ftill more in the cathedral

3' Seldeni Not. Flet. c. 7. fe&. z.

•«• A. Wood Hift. Oxon. p.ja. col.i.

*' J. Sarifburienf. Policrat. 1.8. c. ^^. p.6?2. 4J Id. ibid.

fchools.

Chap.4. SeA.i. LEARNING, &c.

fchools. We learn from a very curious letter of Peter of Blois, that the moft intricate and knotty queftions in law and politics were fomer times referred to the teachers and fludents of the civil and canon law in the family of Archbiihop Theobald, or archiepifcopai fchool of Canter- bury : " In the houfe of my mailer, the Arch- " bifliop of Canterbury, there are feveral very " learned men, famous for their knowledge of " law and politics, who fpend the time between " prayers and dinner in lecturing, difputing, " and debating caufes. To us all the knotty " queftions of th.e kingdom are referred, which " are produced in the common hall, and every " one in his order, having firft prepared himfelf, " declares, with all the eloquence and acutenefs " of which he is capable, but without wrang- " ling, what is wifeft and fafeft to be done. If " God fuggefts the founded opinion to the " youngeft amongft us, we all agree to it with- " out envy or detraction." 43

Though the common law of England was not Common yet taught in the fchools as a fcience, it was Iaw- ftudied with great diligence as a profeffion ; and many perfons, by their Ikill in it, acquired both fame and wealth, and obtained the higheft offices in the flate. The greateft number of thefe profeffionai lawyers were clergymen, though fome of the laity, as, particularly, Aubury de Vere, who flourifhed in the reign of King

43 P* Blefenf. Ep. 6. p. 8. col. ^.

Stephen,

io6 . HISTORY OF BRITAIN, Book III.

Stephen, and Ranulph de Glanville, who was chief judiciary to Henry II. and Richard I., are much celebrated for their knowledge of the com- mon law 44. The laft of thefe fages compofed a kind of fyflem of the common law, with this title, De legibus et confitetudinibus Anglice 4S. But it was not till fome time after the concluh'on of this period that the law-college of London, com- monly called The inns of court, was eftablifhed; which contributed very much to the improve- ment of this ufeful and lucrative branch of learning. 46

As the fubtilties of Aristotelian logic could not be applied with fuccefs to numerical calcu- lations or mathematical demonstrations, thefe fciences do not feem to have been much (tudied, or improved, in. this period; and therefore a few fliort obfervations on the date of them will be fufficient.

Arith- Nothing ever contributed fo much to facili-

tate arithmetical operations, as the invention of the Arabian figures for reprefenting numbers. But whether thefe figures were known and ufed in Britain in this period, is a little doubtful. From the revenue-rolls of Henry II., Richard I., and King John, it appears that they were not then ufed in the exchequer ; for all the fums in thefe rolls are marked in Roman letters 47. But

« W. Malmf. Hift. Novel. 1. 2. p. 104.

*5 Dugdale's Origines Juridicales, p. 56. col. 2.

46 Id. ibid. p. 141. 47 Madox Hift. Excheq. paflim.

the

Chap. 4. SeA. i. LEARNING, &c. 107

the learned Dr. Wallis hath produced feveral au- thorities, which make it very probable, that the Arabian arithmetic, called algorifm, performed by the Arabian figures, was known to fome learned men in England in the twelfth century; and indeed it is hardly poflible that Adelard of Bath, Robert of Reading, and feveral others, who travelled into Spain, Egypt, and other countries, in the courfe of that century, to make themfelves matters of the Arabian language and learning, could have returned without fome knowledge of thefe figures. 4S

Though the Elements of Euclid, and feveral Geometry. other treatifes on geometry, were tranflated out of the Greek and Arabian languages into Latin in this period, wre have the cleared evi- dence that this mod ufeful fcience was very little ftudied. " The fcience of demonftration " (fays John of Salifbury) is of all others the " moft difficult ; and, alas ! is almoft quite " neglected, except by a very few who apply to c< the ftudy of the mathematics, and particularly " of geometry. But this laft is at prefent very " little attended to amongft us, and is only " ftudied by fome people in Spain, Egypt, and " Arabia, for the fake of ailronomv. One

7 •/

" reafon of this is, that thofe parts of the works " of Ariftotle that relate to the demonftrative " fciences, are fo ill tranflated, and fb incor- " re6lly tranfcribed, that we meet with infur-

* Wallis Algebra, ch. 4-

" mountable

io8 HISTORY OF BRITAIN. Book III.

" mountable difficulties in every chapter59." After fo decifive a teftimony of one who was fo well acquainted with the Hate of learning in the age in which he flourifhed, it is in vain to look for any great improvements in geometry in this period.

Aftrono- When geometry was fo much neglected, aftro- my' nomy could not be fuccefsfully cultivated. There

is, however, fufficient evidence, that a confider- able degree of attention was paid to the motions, fituations, and afpecls, of the heavenly bodies ; though it is probable that this was done rather with a view to aflrological predictions, than to difcover the true fyflem of the univerfe. Several treatifes on aftronomy were tranflated out of the Greek and Arabian languages into Latin, par- ticularly the planifphere of Ptolemy by Ralf of Bruges, and a treatife on the aflrolabe by Ade- lard of Bath s°. The aflrolabe, which feems to have been much the fame with the armillary fphere of the moderns, was ufed in taking obfer- vations of the fun and ftars SI. Ingulphus laments the lofs of an aftronomical table, more than of any thing elfe, that was deflroyed when his abbey of Croyland was burnt, A. D. 1091. He calls it a Nadir, and defcribes it in this manner : " We then loft a mofl beautiful and precious " table, fabricated of different kinds of metals, " according to the variety of the ftars and

<• J. Sarifburienf. Metalog. 1.4. c. 6. p. 8 8 7.

*• Voflius de Math. c. 63. 5' Du Cange GlofT. voc. AJtrolabium

" heavenly

Chap. 4. Se<a. i. LEARNING, &c.

" heavenly figns. Saturn was of copper, Jupi- " ter of gold, Mars of iron, the Sun of latten, " Mercury of amber, Venus of tin, the Moon " of iilver. The eyes were charmed, as well as " the mind inftrucled, by beholding the colure " circles, with the zodiac and all its figns, formed "with wonderful art, of metals and precious " flones, according to their feveral natures, " forms, figures, and colours. It was the mod " admired and celebrated Nadir in all England52." From the above defcription of this curious table, it appears to have been a delineation of the Ptolemsean fyftem, the centre of it reprefenting the earth, and the planets placed around it exactly in the order of that fyftem.

None of the mathematical fciences were culti- Aftrology. vated with fo much diligence, in this period, as the fallacious one of judicial aftrology. None indeed were honoured with the name of mathe- maticians but aftrologers, who were believed by many to pofiefs the precious fecret of reading the fates of kingdoms, the events of war, and the fortunes of particular perfons, in the face of the heavens. " Mathematicians (fays Peter of Blois) " are thofe who, from the pofition of the ftars, " the afpeet of the firmament, and the motions " of the planets, difcover things that are to " come "." Thefe pretended prognoflicators were fo much admired and credited, that there

" Hift. Ingulph. Oxoniae edit. A. D. 1685. tom.i. p.pg. Si P. Blefenf. Opera, p. 596. col.i.

was

no HISTORY OF BRITAIN. Book III.

was hardly a prince, or even an earl or great baron, in Europe, who did not keep one or more of them in his family, to caft the horofcopes of his children, difcover the fuccefs of his de- figns, and the public events, that were to happen54. The moil famous of thefe aflrologers pubiiflied a kind of almanacs every year, con- taining fchemes of the planets for that year, with a variety of predictions concerning the weather, and other events. We have the following quo- tation from one of thefe almanacs, in a letter of John of Salifbury : " The aftrologers call this "year (1170.) the wonderful year, from the " fingular fituation of the planets and conftella- " tions, and fay that in the courfe of it the " councils of kings will be changed, wars will " be frequent, and the world will be troubled " with (editions ; that learned men will be dif- " couraged ; but towards the end of the year " they will be exalted 55." From this {pecimen we may perceive, that their predictions were couched in very general and artful terms. But by departing from this prudent conduct not long after this, and becoming a little too plain and pofitive, they brought a temporary diigrace on themfelves and their art. For, in the beginning of the year 1 186., all the great aftrologers in the Chriftian world agreed in declaring, that, from an extraordinary conjunction of the planets in the

54 Hoveden. Annal. p. 356.

Epiftol. T. Cantuar. 1. a. Ep.48. p. 388, 389. '

Chap. 4. Sea. i. LEARNING, &c.

fign Libra, which had never happened before, and would never happen again, there would arife, on Tuefday, September 1 6th, at three o'clock in the morning, a moil dreadful ftorm, that would fweep away not only fingle houfes, but even great towns and cities; that this ftorm would be followed by a deftruetive peftilence, bloody wars, and all the plagues that had ever afflicted miferable mortals 5°. This direful pre- diction fpread terror and confternation over Europe, though it was flatly contradicted by the Mahometan aftrologers of Spain, whofaid, there would only be a few fbipwrecks, and a little failure in tiie vintage and harveft57. When the awful day drew near, Baldwin Archbifhop of Canterbury, commanded a folemn fafl of three days to be obferved over all his province. But to the utter confufion of the poor aftrologers, the i6th of September was uncommonly ferene and calm, the whole feafon remarkably mild and healthy ; and there were no ftorms all that year (fays Gervafe of Canterbury), but what the Archbifhop raifed in the church by his own tur- bulence sa. In the midft of the general wreck of aftrological reputation, William, aftrologer to the conftable of Chefter, faved his character, by fubjoining to his prediction this alternative, " If " the nobles of the land will ferve God, and fly " from the devil, the Lord will avert all thefe

56 Hovedeo. Annal. p.356. " Id. £.358-

58 Gerva? Chron> apud X Script, col, 1479.

" impend-

H2 HISTORY OF BRITAIN. Book IIL

" impending plagues SV But though adrology was in itfelf deceitful, and fometimes involved its profeflbrs in difgrace, it contributed greatly to promote the dudy of adronomy ; and there is the cleared evidence, that the adrologers of this period could calculate eclipfes, could find the fituation of the planets, and knew the times in which they performed their revolutions, &c.'° Medicine. Medicine had been practifed as an art in Bri- tain in the darked ages. In this period it began to be dudied as a fcience. The medical fchools of Salernum in the kingdom of Naples, and of Montpelier in France, were famous in thofe times, and frequented by many perfons from all parts of Europe 6l. This fcience was alfo taught and dudied in the univerfities of Paris and Oxford". But the following defcription of the theoretical and practical phyficians of the twelfth century, given by one of the mod learned and ingenious men who flourifhed in that age, will prefent us with a more fatisfaftory view of the date of medicine in this period, than any- thing that can be faid by any modern writer. " The profeflbrs of the theory of medicine are " very communicative ; they will tell you all " they know, and perhaps, out of their great

V) Hoveden. Annal. p.35?. col.i. 6n Id. ibid. p. 358.

*' Opera J. Freind. p. 535. J. Sarifburienf. Metalog. l.r. 0.4. P- 743-

62 Bulsei Hiih Univerf. Parif. torn. 2. p. 5 75. A Wood. Hift.Uni- erf. Oxon. p. 46. col. a.

16 " kindnefs,

Chap. 4. Sea. i. LEARNING, &c,

" kindnefs, a little more. From them you may " learn the natures of all things, the caufes of " ficknefsand of health, how to banilh the one " and to preferve the other ; for they can do " both at pleafure. They will defcribe to you " minutely the origin, the beginning, the pro- " grefs, and the cure of all difeafes. In a word, " when I hear them harangue, lam charmed, I " think them not inferior to Mercury or Efcu- *' lapius, and almoft perfuade myfelf that they " can raife the dead. There is only one thing " that makes me hefitate. Their theories are " as directly oppofite to one another as light and " darknefe. When I refle6l on this 1 am a little " flaggered. Two contradictory propofitions " cannot both be true. But what mall I fay of " the practical phyficians? I muil fay nothing " amiis of them; It pleafeth God, for the pu- " nimment of my fins, to fuffer me to fall too " frequently into their hands. They mud be " foothed, and not exafperated. That I may " not be treated roughly in my next illnefs, I " dare hardly allow myfelf to think in fecret " what others fpeak aloud 63." In another work this writer picks up more courage, and fpeaks his mind of the practical phyficians with equal freedom. " They foon return from college, full " of flimfy theories, to practife what they have " learned. Galen and Hippocrates are conti- " nually in their mouths. They Ipeak apho-

63 J. Sariiburieof. Policrat. 1. ». 0.49. p. 147.

VOL. vi. i " rifms

HISTORY OF BRITAIN. Book III.

" rifins on every fubjec~l, and make their hearers " ftare at their long, unknown, and high found- " ing words. The good people believe that they " can do any thing, becaufe they pretend to all " things. They have only two maxims which " they never violate ; never mind the poor " never refufe money from the rich." 64 The clergy The clergy were almoft the only perfons m

the chief ^g periO(j who taught and pra&ifed phyfic, as

phyficians.

well as the other iciences ; and we meet with, very few celebrated for their medical knowledge who were not priefts or monks. This profeffion became fo lucrative, and fo many monks applied to the ftudy and practice of it, deferting their monafteries, and neglecting their own profeffion, that a canon was made in the council of Tours, A. 0.1163., prohibiting monks to flay out of their monafteries above two months at one time, teaching or praetifing phyfic 6s. No reftraint of this kind was laid on the fecular clergy, and many of the bifhops and other dignitaries of the church acled as phyficians in ordinary to kings and princes, by which they acquired both riches and honour"1. Thefe very reverend phyficians drew much of their medical knowledge from

O

the writings of Rhazes, Avicenna, Avenzoar, Averhois, and other Arabians, whofe works had been tranflated into Latin by Conftantine, a

64 J. Sarifburienf. Metalog. 1. 1. 0.4. p. 743.

65 Bukei Hift. Univerf. Parifien. torn. a. p. 575. Condi, tom.io. p. 986. 1004. 14^1.

tft Hiftoire Literaire de la France, torn. 9. p-i93» 194.

monk

Chap. 4- Sed. i. LEARNING, &c.

monk of Mount Cafine, near Salermim, and others67. It will not perhaps be difagreeable to fome medical readers to fee the defcription and treatment of a particular difeafe by one of their predeceffors in the art of healing in England, about fix hundred years ago, which they will find in the Appendix No. 3.

It is not improbable that the fcientific way of Diftinc- teaching and ftudying phyfic, which was intro- tion be" duced by the medical fchools of the eleventh and p twelfth centuries, gave rife to the diflinclion be- and fur tween phyficians and furgeons, which appears to £e°' have taken place towards the end of this period. For a contemporary poet in defcribing the at- tempts that were made to cure the wound which Richard I. received before the caftle of Chalus, A.D. 1 199., plainly diftinguifhes thefe two pro- feifions, and the different parts they acted on that occafion68. There is even fufficient evidence,

w

that fome perfons about the fame time, applied more particularly to the fludy of the materia medica, and the compofition of medicines, and were on that account called apothecaries. We are told in the annals of the church of Win- chefter, that Richard Fitz-Nigel, who died bi- fhop of London A.D. 1198., had been apothe-

67 Opera J. Freind, p. 533, &c.

*3 Interea regem circumftant uiidique mixtim,

Apponunt medici fomenta, fecantque chirurgi

Yulnus, ut inde trahant ferrum leviore periclo.

Pafquier RethcrcheS) l,<). c.^i,

i z cary

HISTORY OF BRITAIN. Book III.

cary to Henry II. 6g Whoever will give bimfelf the trouble to perufe the prefcriptions of the Sa- lernian fchool, which were written in the eleventh century for the ufe of a king of England, will perceive, that the materia medica of thofe times was far from being fcanty, and that they were ac- quainted with fome very complicated and artifi- cial mixtures, particularly theriac, which confifts of above fifty ingredients. Sciences It feems to be impoffible to give any fatisfac-

hat ™el"j tory account of the ftate of experimental philofo- phy, anatomy, chemiflry, botany, and fome other parts of learning, from the genuine monuments of this period ; which plainly indicates that thefe fciences were then either totally neglected, or very little cultivated.

The clr- By comparing the above delineation of the (late of learning, with that which was given of

enlarged, it in the former period, we cannot but obferve, that the circle of the fciences was now confi- derably enlarged, and that fome of them were cultivated with greater diligence and fuccefs71. This is agreeable to the teftimony of the bed contemporary hiftorians. " Before the arrival " of the Normans (fays William of Malmf- " bury), learning was almoft extin6l in Eng- " land. The clergy contented themfelves with *' the flighted fmattering of letters, and could ** hardly flammer through the offices of the

*9 Anglia Sacra, tom.i. p. 304.

70 Medidna Salernitana, 0.15. p. 119. 7' See book 2. ch.*.

1 6 «« church.

Chap.4. Sea. i. LEARNING, &c. nj

" church. If any one amongft them underftood " a little grammar, he was admired as a pro- <- digy 7V But fo fudden and advantageous a change in this refpe6l took place after the con- queft, that the fame fenfible writer acquaints us, that learning was in a more flourifliing flate in England and Normandy, fo early as the reign of Henry I. than it was in Italy 73. This happy change feems to have been owing to the follow- ing caufes :

The acceffion of William Duke of Normandy Caufes of to the throne of England, contributed in feveral the im'

° prove-

ways to the revival of learning in Britain. That mentof prince had received a good education, was fond learning- of reading, and the converfation of learned men, to whom he was a mod munificent patron, ad- vancing them to the higheft dignities and richefl benefices in the church 74. This had excited an extraordinary ardour for literary purfuit, among the clergy in Normandy, and had afterwards the fame effe£l in England. Befides this, many of the moft learned men on the continent came over into Britain, after the conqueft, and by their example and inftru6lions diffufed the love and knowledge of letters. William took great care of the education of his royal offspring, and Henry I., his youngeft fon, became the mod learned prince, and the greateft promoter of learning, of the age in which he flourished.

?' W.Malmf. 1.3. p. 57. 73 Id. I.j. p. 90.

" W. Gemitens> p. 604. edit, a Camdeno. Orderic. Vital, p. 65 6.

i 3 This

Il8 HISTORY OF BRITAIN. Book III.

This procured him the furname of Beauclerk, or the fine fcholar75. He married his only daughter, the heirefs of all his dominions, to Geoffrey Plantagenet, Earl of Anjou, who is greatly celebrated for his learning 76. The eldefl fon of this marriage, Henry II., received a learned education, under the dire6tion of his excellent uncle, Robert Earl of Glocefter, who was more illuftriotis for his knowledge and virtue than his royal birth 77. Henry II. never loll that tafte for letters he had acquired in his youth ; and through his whole life, as we are allured by one who was intimately acquainted with him, he fpent his leifure hours, either in reading, or in difcuffing fome literary queftion in a circle of learned men ?s. His three fons, Henry, Geoffrey, and Richard, had all a confi- derable tincture of letters, and a tafte for poe- try79. Under the patronage of thefe great princes, learning could hardly fail to revive, and in fome degree to flourifh.

±he in- The ereclion of above one hundred monaf- creafe of ^er{GS in England, in the courfe of this period,

monafte- r

ries one may be reckoned among the caules of the re- caufe of vival of learning, by increafing the number prove- both of teachers and fludents, by multiplying

tnents in learning.

75 Martin. Anec. 1. 3. p. 345. J. Brompt. apud X Script, p. 978. H. Knighton. Ibid. p. 2374.

76 D. Acherii Spicileg. 1. 10. p. 508.

77 Gervas Chron. p. 1358. W. Malmf. 1.5. p«96.

78 P. Blefenf. Ep. 66. p',98.

n Hiftoire Literaire de la France, torn, 9. p. 175.

the

Chap. 4. Sed. i. LEARNING, &c. 119

tlie inducements to purfue, and the opportuni- ties to acquire knowledge, but chiefly by mak- ing books much more common and attainable than they had been in any former period. It will by and by appear that every convent was a kind of college in which feveral parts of learn- ing were taught and fludied80. The govern- ment of thefe religious houfes was commonly bellowed on men of learning; and being at- tended with confiderable degrees of power and dignity, afforded flrong incentives to ftudy. A library was then efteemed fo effential to a mo- naftery, that it became a proverb, " A convent « without a library, is like a caftle without an " armory81." Some of thefe monaftic libraries were very valuable. Though the abbey of Croy- land was burnt only twenty-five years after the conqueft, its library then confided of nine hun- dred volumes, of which three hundred were very- large **. To provide books for the ufe of the church, and for furnifhing their libraries, there was in every monaftery a room called the Smp- torium, or writing chamber, in which feveral of the younger monks wrere constantly employed in tranfcribing books ; and to which, in fome mo- naileries, confiderable revenues were appro- priated83. A noble Norman, who was a great encourager of learning, left his own library to that of the abbey of St. Albans, A.D. 1086.,

80 See Se&ion 3. Sl Martin. Anec. torn, i, col.5il.

82 Hiftoria Ingulphij Oxon. edit. p.gS.

83 Du Cange doff, voc. Scriptorium.

i 4 and

HISTORY OF BRITAIN. Book III

and granted two-thirds of the tithes of Hat-

lield, and certain tithes in Redburn, to fupport

the writers in the fcriptoriuin of that abbey84.

Where there were no fixed revenues for defray-

ing the expences of procuring books for the

library, the abbot, with the confent of the chap-

ter, commonly impofed an annual tax on every

member of the community for that purpofe85.

The monks of fome monafteries, in this period,

were bitterly reproached for the extravagant

fums they expended on their libraries.86

Art of The art of making paper, which was invented

lupeTano- *n tne cour^e °f tms period, contributed alfo to

ther caufe the revival of, and more general application to,

thls' learning, by rendering the acquifition of books

much lefs difficult and expenfive than it had for-

merly been. We have not the fatisfa&ion of

knowing to whom we are indebted for that moft

ufeftil invention. But it appears that our paper

was at firft made of cotton ; and, on that account,

called charta bombycina, or cotton paper ; and

that towards the end of the eleventh or begin-

ning of the twelfth century, it began to be made

of linen rags, as it is at prefent. 8?

Though the learned authors of the literary

another hiftory of France are of opinion that the Croi-

cauie or J .

this. fades proved an impediment to the progrefs of learning, I am more inclined to think, with the

** M. Paris Vita Abbatum, p. 3 2. *s Mabell. Annal. torn. 6. p. 651, 652. *'- Martin. Col. Script, torn. i. p.ioao, lozi. ** Murator. Antiq. torn. 3. col. 871,

judicious

Chap. 4- Sed. 2. LEARNING, &c.

judicious and elegant hiftorian of Charles V. that they had a contrary effect58. That the fciences, as well as the arts, were in a more flourilhing (late in the Greek empire, and the Eaft, than in thofe countries which had com- pofed the weftern empire, is acknowledged on all hands. It feems therefore highly probable, that fome of thofe ingenious and inquifitive men, of which the number was not fmall, who accom- panied the Croiiaders in their expeditions into the Eaft, acquired fome fciences which they could not have acquired in their own countries, and that they communicated their acquifitions to their countrymen on their return home.

SECTION II.

Hiftory of the mojl learned, men whojlouri/hed in Britaifi, from A. D. 1066. to A. D. 1216.

r I CHOUGH the circle of the fciences was Learning -*- enlarged, and learning was cultivated with c ythe greater affiduity in this than in the former pe- clergy. riod ; yet this was chiefly, or rather almofl only by the clergy. The great body of the people, and even the far greateft part of the nobility, ftill continued illiterate, or had but. a very flight acquaintance with letters. Of this, if it were

48 Hiftoire Literaire de la France, torn. 9. p. 1 6. Dr.Robertfon's Hiftory of Charles V. vol. i. p. 16.

necefiary,

122 HISTORY OF BRITAIN. " Book III.

neceflary, many proofs might be produced ; but the following one, it is prefumed, will be fuffi- cient. After the flight of Archbiftiop Becket out of England, A.D. 1164., Henry II. fent a moil fplendid embafly to the Pope, confiding of one archbifhop, four bifhops, three of his own chap- lains, the Earl of Arunclel, and other three of the greateft barons of the kingdom. When thefe ambaffadors were admitted to an audience, and four of the prelates had harangued the Pope and cardinals in Latin, the Earl of Arundel flood up, and made a fpeech in Englifh, which he began in this manner : " We who are illiterate " laymen do not underftand one word of what " the bifliops have faid to Your Holinefs '." We may be almofl certain, that if Henry, who was a learned prince, could have found men of learn- ing amongfl his nobility, he would have fent them on this embafly. The truth is, that the general ignorance of the laity of all ranks was fo well known, that the hiflorians of this period fre- quently diftinguim the clergy from the laity, by calling the former literati, and the latter laid2. Our readers therefore need not be furprifed to find, that all the learned men mentioned in this fetlion belonged either to the fecular or regular clergy.

The laws of general hiftory, and the limits of this work, will admit only of a very brief ac-

1 Vita S. Thomse, l.a. 0.9. p. 74. 3 Ingulph. Hift. edit. Oxon. p. 102.

count

Chap. 4. Sea. 2. LEARNING, &c. ,23

count of a few who were mofl eminent for their learning in every period.

Ingulph, Abbot of Croyland, and author of the hiflory of that abbey, was born in London about A. D.I 030. He received the firft part of his education at Weftminfler ; and when he vifited his father, who belonged to the court of Ed- ward the Confeffor, he was fo fortunate as to engage the attention of Queen Edgitha. That amiable and learned princefs took a pleafure in examining our young fcholar on his progrefs in grammar, and in difputing with him in logic; nor did me ever difmifs him without fome prefent as a mark of her approbation3. From Weft- minfler he went to Oxford, where he applied to the ftudy of rhetoric and of the Ariftotelian philofophy, in which he made a greater profi- ciency than many of his contemporaries 4. When he was about twenty-one years of age, he was introduced to William Duke of Normandy (who vifited the court of England A. D. 1051.), and madehimfelf fo agreeable to that prince, that he appointed him his fecfetary, and carried him with him into his own dominions. In a little time he became the prime favourite of his prince, and the difpenfer of all preferments, humbling fome and exalting others at his pleafure; in which dif- ficult flation, he confefled he did not behave with a proper degree of modefty and prudence*.

' Ingulph. Hlft. edit. Oxon. l.r. p.6a. Tanner Bibliothec. p. 419. 4 Ibid. p. 73. * Id. ibid.

This

X24 HISTORY OF BRITAIN. Book III.

This excited the envy and hatred of many of the courtiers : to avoid the effects of which, he ob- tained leave from the Duke to go in pilgrimage to the Holy Land, which was then become fafhionable. With a company of thirty horfe- men, he joined Sigfrid, Duke of Mentz, who, with many German nobles, bifhops, clergy, and others, was preparing for a pilgrimage to Jeru- falem. When they were all united, they formed a company of no fewer than feven thoufand pilgrims. In their way they fpent fome time at Conllantinople, performing their devotions in the feveral churches. In their paffage through Lycia, they were attacked by a tribe of Arab?, who killed and wounded many of them, and plundered them of a prodigious mafs of money. Thofe who efcaped from this difafter, at length reached Jerufalem, vifited all the holy places, and bedewed the ruins of many churches with their tears, giving money for their reparation. They intended to have bathed in Jordan, but being prevented by the roving Arabs, they em- barked on board a Genoefe fleet at Joppa, and landed at Brundufium, from whence they tra- velled through Apulia to Rome. Having gone through a long courfe of devotions in this city, at the feveral places diftinguifhed for their fanc- tity, they feparated, and every one made the beft of his way into his own country. When In- gulph and his company reached Normandy, they were reduced to twenty half-flarved wretches, without money, clothes, or horfes. A faithful

picture

Chap. 4. Sed. 2. LEARNING, &c. 12J,

picture of the fooliih difaftrous journies into the Holy Land, fo common in thole times. In- gulph was now fo much dilgufted with the world, that he refolved to forfake it, and be- come a monk in the abbey of Fontenelle in. Normandy ; in which, after fome years, he was advanced to the office of prior. When his old mafter was preparing for his expedition into England, A.D. 1066., he was fent by his abbot with one hundred marks in money, and twelve young men, nobly mounted and completely 4: armed, as a prefent from their abbey. Ingulph, having found a favourable opportunity, prefented his men and money to his prince, who received him very gracioufly ; fome part of the former affection for him reviving in his bofom. In con- fequence of this he raifed him to the government of the rich abbey of Croyland in Lincolnfhire, A.D. 1076., in which he ipent the lad thirty- four years of his life, governing that fociety with great prudence, and protecting their poffeffions from the rapacity of the neighbouring barons by the favour of his royal mafter. The lovers of Englifh hiftory and antiquities are much in- debted to this learned abbot for his excellent hiftory of the abbey of Croyland, from its foun- dation, A.D. 664., to A.D. 1091., into which he hath introduced much of the general hiftory of the kingdom, with a variety of curious anecdotes that are no where elfe to be found6.

6 Vide Hift. Ingulph. a Sarilio edit. London 1594. Oxon. 1684.

Ingulph

HISTORY OF BRITAIN. Book III,

Ingulph died of the gout, at his abbey, id De- cember A. D. 1 109., in the feventy-ninth year of his age. 7

Lanfranc. Lan fran c, Archbifhop of Canterbury, was born atPavia, A.D. 1005., where he was educated in grammar and logic5. After the deatli of his father, he fpent fome years in the tludy of rhe- toric and civil law, at Bolognia j from whence he returned to his native city, and commenced an advocate in the courts of law*. Thinking this too narrow a fphere, he removed into France, and opened a fchool at Avranehe, which was foon crowded with {Indents of high rank 10. In a journey to Roane, he had the misfortune to be robbed, and left bound in a wood, where he was found next morning by fome peafants, who car- ried him, almoft dead, to the abbey of Bee. Here he was treated with fo much tendernefs that when he recovered, he became a monk in that abbey, A.D. 1041. u At the end of three years lie was chofen prior of his convent, and opened a fchool, which in a little time became very famous, and was frequented by Undents from all parts of Europe12. Amongft others, fome of the fcholars of Berenger, Archdeacon of Angers, and matter of the academy of Tours,

7 Continuat. Hift. Croyland, p. 113.

8 Mabil. Aft. torn. 9. 15.659. 9 Id. ibid. p. 360. "I0 Hiftoire Literaire de la France, torn. 8. p. 261.

11 Du Pin Ecclef. Hift. cent. n. €.3. Gervas, apud X Script, col. 1652.

" Hiftoire Literaire de la France, tom.8. p. 263.

1 4 left

Chap. 4. Seel. a. LEARNING, &c.

left that fchool, and went to finely at the abbey of Bee. This, it is faid, excited the envy of Berenger, and gave rife to that long and violent controverfy between him and Lanfranc, on the fubje6l of the eucharift, which made a mighty noife in the church I3. When our author re- fided in the abbey of Bee, his literary fame pro- cured him the favour of his fovereign, William Duke of Normandy, who made him one of his counfeliors, employed him in an important em- baffy to the Pope, and appointed him, A. D. 1062., abbot of his newly creeled monaftery of St. Stephen's, at Caen '4. Here he eftabliihed a new academy, which became no lefs famous than his former one at Bee. When the fee of Canter- bury became vacant by the depolition of Sti- gand the Conqueror procured his election to that fee, Auguft i5th, A. D. 1070., and with fome difficulty prevailed upon him to accept of that high flation IS. He proved a great bene- factor to the church of Canterbury, by afTerting its right to the primacy of England, by reco- vering many of its pofleffions, and by rebuild- ing the cathedral I6. He enjoyed a high degree of the favour of William I., and had the chief direction of all affairs, both in church and flate, under William II. to the time of his death, which happened May a8th, A.D. 1089., in the

13 Hiftoire Literaire de la France, tom.8. p. 263. '* Id. ibid. p. 366. '5 Eadmer. Hift. Novel, l.i. p.6.

16 Id. ibid. p. 7. Gervas, col. 1653. 1292. J. BrompU Ibid, cpj. 970 974.

eighty-

128 HISTORY OF BRITAIN. Book III.

eighty-fourth year of his age '7. Several of our ancient hiftorians who were almoft his contempo- raries, fpeak in very advantageous terms of the genius and erudition of Lanfranc j and ibme of them who were perfonally acquainted with him, reprefent him as the mod learned man of the age in which he flouriftied IS. His writings con- lift of commentaries on St. Paul's epittles, fer- mons on various fubjedls, letters, and his famous treatife on the eucharift againft Berenger, in which he employed all his abilities in fupport of that opinion which had been broached by Paf- chafius Radbertus, in the gloom of the ninth century, had been gradually gaining ground among the clergy through the tenth and ele- venth, and terminated in tranfubiiantiation to- wards the end of the twelfth '9. This treatife had rendered Lanfranc a prodigious favourite with the literary hiftorians of the church of Rome, who load him with the moft extravagant and lavifti praifes. 20

Anfelm. Anfelm, Archbifliop of Canterbury, the dif- ciple and fucceflbr of Lanfranc, was born at Aouft in Piedmont, A. D. 1034., of noble and pious parents, who were at great pains to give him a good education2'. Having loft his mo-

17 J. Brompt. col. 986. Gervas, p. 1655.

18 Anglia Sacra, torn. a. p. 423. Eadmeri Hift. p.6. W. Malmf. 1.3. p.6i. col. 2.

" Opera Lanfran. a d'Acher. edit. Paris, 1*48. Du Pin, Ecclef. Hift. cent. 9. €.7. Opera P. Blefenf. p.zig. col.i. p. 644. col. x. 20 Hiftoire Literaire dela France, 1.8. p. 260— 305. " Anfehni Vita, l.i. p. 2.

ther

Chap.4- Sed.2. LEARNING, &c.

ther Ermengarda, when he was about feventeen years of age, he abandoned his ftudies, and in- dulged his youthful paffions to fuch a degree, that his father refilled to fee him, or admit him into his houfe ; on which he left his native coun- try and travelled into France. After fome time, attracted by the fame of Lanfranc, he fettled at the abbey of Bee, and profecuted his ftudies with fo much ardour tinder that great matter, that he excelled all his fellow-ftudents in learning 2\ Having become, a monk in that abbey, A. D. 1060., he was chofen, three years after, to fuc- ceed Lanfranc, both as prior, and teacher of the fciences ; in both which Rations he acquitted himfelf fo much to the fatisfa6lion of the fociety, that he was unanimoufly elected abbot, on the firil vacancy, A. D. 1078. 23 The abbey of Bee had feveral eftates in England, which obliged our abbot fometimes to vifit this kingdom ; and in thefe vifits he gained the friendfliip of fome of the greater! men. He happened to be here A. D. 1193., when William II., in a fit of fick- nefs, was prevailed upon to fill the fee of Can- terbury, which he had kept four years vacant, and nominated him to that high office. After a long and obflinate oppofition to his own ad- vancement, in which fome perfons fufpected his fincerity, he was confecrated December 4th, A. D. 1093. *4 r^ne quan'els of this prelate

" Anfelmi Vita. 1. i. p.3. *•' Id. ibid. p. 9.

a"+ Eadmer. Hift. p.i6 ai.

VOL. vi. K -with

HISTORY OF BRITAIN. Book. III.

with William II., and afterwards with Henry I., about inveftitures, ,have been already men- tioned as. Thefe obliged him to fpend much of his time on the continent, and rendered his pon- tificate uncomfortable to himfelf and hurtful to the kingdom. After a tedious indifpofition, he expired at Canterbury April 21 ft, A. D. 1109., in the fixty-fixth year of his age26. Anfelm was one of the moft voluminous writers of the age in which he flourifhed, as any one may be con- vinced, by perufing the catalogue of his works in the books quoted below *7. He excelled chiefly in logic and metaphyfics, and the appli- cation of them to theological fubjecls ; which made him to be confidered as one of the fathers of fcholaftic divinity.

Eadmcrus. Eadmerus, the faithful friend and hiftorian of Archbifhop Anfelm, was an Englifhman ; but his parents, and the particular time and place of his nativity, are not known. He received a learned education, and very early difcovered a tafte for hiftory, by recording every remarkable event that came to his knowledge *'. Being a monk in the cathedral of Canterbury, he had the happinefs to become the bofom-friend and infeparable companion of two archbifhops of that fee, St. Anfelm, and his fucceflbr Ralph. To the former of thefe he was appointed fpiritual

31 See vol. 5. chap. a. p. 193, &c. * Eadmer. p. ioa.

17 Hiftorie Literaire de la France, torn. 9. p. 416 465. Tanner.

p.44>45> 46.

- Eadmer. Hift. Novar. p.io.

director,

Chap. 4. Sed.z. LEARNING, &c.

director, by the Pope ; and that prelate would do nothing without his permiffion 19. His elec- tion to the fee of St. Andrews, in Scotland, and its confequences, have been already men- tioned 30. But Eadmerus is mod worthy of the grateful remembrance of pofterity for his hifto- rical work, particularly for his excellent hiftory of the affairs of England in his own time, from A. D. 1066. to A. D. 1 1 22. ; in which he hath inferted many original papers, and preferved many important fa6ls that are no where elfe to be found 3I. This work hath been highly com- mended, both by ancient and modern writers, for its authenticity, as well as for regularity of competition and purity of ftyle 32. It is indeed more free from legendary tales, than any other work of this period j and it is impoffible to perufe it with attention, without conceiving a favour- able opinion of the learning, good fenfe, fince* rity, and candour of its author.

Turgot, a contemporary of Eadmerus, was an Turgot. Anglo-Saxon, of a good family in Lincolnfhire, and received a learned education. When he was a young man, he was delivered by the people of Lindfay, as one of their hoilages, to William the Conqueror, and confined in the caftle of Lincoln 33. From thence he made his efcape

*9 W. Malmf. de Geft. Pontif. Angl. l.i. p. 130.

io See vol. j. chap. a. p. 331.

31 Eadmer Hift. Novar. a Selden. edit. London, A. D. 16*3.

31 W. Malmf. Leland, Cave, Nicolfon, Selden, &c.

34 Simeon Dunelm. Hift. apud X Script, col. 306, 207.

K 2 into

132 HISTORY OF BRITAIN. Book III.

into Norway, and refided feveral years in the court of King Olave, bv whom he was much

O ' •/

careffed and enriched. Returning to his native country, he was fhipwrecked on the coaft of Northumberland, by which he loft all his money and effects, efcaping death with great difficulty. He travelled to Durham ; and applying to Wal- ter, bifliop of that fee, declared his refolution to forfake the world, and become a monk ; in which he was encouraged by that pious prelate, who committed him to the care of Aldwine, the firft prior of Durham. Being admitted into that priory, he recommended himfelf fo much to the •whole fociety, by his learning, piety, prudence, and other virtues, that, on the death of Aldwine, A. D. 1087., he was unanimoufly chofen prior, and not long after was appointed by the bifliop archdeacon of his diocefs 34. In the faithful dii- charge of the duties of theffe two offices, he fpent the fucceeding twenty years of his life, fometimes reliding in the priory, and at other times vin'ting the diocefs, and preaching in different places. Some of his leifure hours he employed in collect- ing and writing the.hiftory of the church of Dur- ham or Northumberland, from A. D. 635. to A. D. 1096., in four books35. But not having publiflied this work, or made many tranfcripts of it, according to the cuftom of thofe times, it fell into the hands of Simeon, precentor of the

i+ Simeon Dunelm. Hift. apud X Script, col. 53, 54.. » Id. col. j— 5.

church

Chap. 4. Sed. 2. LEARNING, Ac. 133

churchof Durham, whopublifhed it miderhisown name, expunging only a few paflages that would have discovered its real author. This curious fact is demonflrated by the learned Mr. Selden, in his preface to the ten ancient hiftorians, pub- liflied by Sir Roger Twyfden ; and fhows that literary fame was even then an object of ambi- tion 36. The promotion of Turgot to the fee of St. Andrew's, in Scotland, A. D. 1 107., and his death at Durham, A. D. 1115., have been already recorded37. Turgot compofed feveral other works, particularly the lives of Malcolm Canmore, King of Scotland, and of his pious confort Queen Margaret, from which John Fordun hath quoted feveral facts. 38

Robert White (in Latin, Robertus Pullus) was Robert born in England toward the end of the eleventh century ; and having received a learned educa- tion in his own country, he went, as was ufual in thofe times, to the univerfity of Paris for his further improvement30. Here he continued feveral years, and acquired a mining reputation by his learned lectures in philofophy and theo- logy, which were attended by crowded audiences. He was invited by Afceline, Bilhop of Rochefter, A. D. 1136., to return into his own country, where his labours were much wanted for the re- vival of learning; and no lefs earneilly preffed by

36 Prefat.X Script, poft Bedam, p.4.

37 See vol. 5. chap. a. p«33O.

38 Fordun, Schotichron. 1.5. 0.14, 15, 16. 18, 19, 20, 21.

39 Simeon Dunelm. Continual, apud X Script. 001,275.

K 3 the

HISTORY OF BRITAIN. Book III.

the famous St. Bernard to continue at Paris, where he did fo much good40. But he complied with the invitation of the Bifhop, who had appointed him as archdeacon ; and read lectures on the fcriptures at Oxford five years, which attracted prodigious numbers of fludents to that univerfity 4I. Being of a fludious unambitious difpofition, he declined a bifhopric that was offered him by Henry 1. 42 At length he became fo famous, that he was called to Rome, A. D. 1143., by Celeftinc IL, appointed a cardinal by Lucius II., and made chancellor of the holy fee by Eugenius III. ; and was efteemed the mod learned of all the college of cardinals 43. He is believed to have died about A. 0.1150. He compofed many theological works ; but none of them have been printed, except his book offen- tences, which is a body of fcholaflic divinity, written in a better ftyle, and with greater per- ipicuity, than was common in thofe times. 44 Nicolas Nicolas Breakfpear, the only Englifhman who ever fat in St. Peter's chair, was born near St. Albans, and in his youth performed the meanefl menial offices about the abbey of that place, in which his father was a monk 4i. Being rejected, for want of learning, by the abbot, when he

40 Bulsei Hift. Univerf. Parif. torn. a. p. 153. +* A. Wood. Hift. Univerf. Oxon. p. 49. *' Simeon Dunelm. col. a 75.

43 Bulsei Hift. Univerf. Parifien. torn. a. p.344«

44 Du Pin. Hift. cent. 13. chap. 15.

« M.Paris, Hift. Abbat. St. Albani, p. 4 a. col. a.

defired

Chap. 4. Sea. 2. LEARNING, &c.

defired to become a monk, and reproached by his father for his indolence, he left England, and went to Paris, where he applied to ftudy with the greateft ardour46. From Paris he travelled into Provence, and was admitted a monk in the abbey of St. Rufus, where he ftill continued to pro- fecute his ftudies, and recommended himfelf fo effectually, that on the firfl vacancy, he was chofen abbot. The monks, however, foon be- came weary of the government of a foreigner, and made bitter complaints againft their new abbot to Pope Eugenius III. This proved a very fortunate event to our countryman. For the Pope was fo much pleafed with the learning and eloquence he difplayed in his own defence, that he thought him worthy of a higher llation in the church, made him bifhop of Alba, A. D. 1 146., and a cardinal 47. Not long after he was fent as papal legate into Denmark and Norway ; and acquitted himfelf fo well in that ftation, that a vacancy happening in the papal throne about the time of his return to Rome, he was unani- moufly chofen pope in November 1154., and took the name of Adrian IV. 4S Henry II. pleafed with the elevation of one who had been his fubje6l, fent three bifliops and the abbot of St. Albans, to congratulate the new pope on his election 49. The ambafladors met with a moft

46 M.Paris, Hift. Abbat. St.Albani, p. 42. col. a. W. Neubri- genf. 1.2.. c. 6. 47 Id. ibid.

«» Platina in Vit. Adrian. I V. W. Neubrigenf. 1. 2. c. 6. *> M. Paris, Vit. Abbat. St.Albani, p.4$.

K 4 gracious

136 HISTORY OF BRITAIN. Book III.

gracious reception, and obtained from His Holi- nefs every favour the King of England defired, particularly a grant of the kingdom of Ireland, in which grant the high pretenfion to the pro- perty of all the iilands in the fea was advanced50: a proof, that though Adrian's origin was low, his ipirit and his claims were as high as any of his predeceffors. But this pontiff foon found the vanity of ambition even when it is molt fuc- cefsful ; for his pontificate, which lailed only four years and ten months, was one continued fcene of difquiet and trouble ; and, if we may believe fome writers, his death was violent, A.D. 1159. 5t Though Adrian was a man of genius and learning, none of his works have been publifhed, except his letters.

Hiftorians. England produced a greatnumber of hiflorians in the twelfth century, and it may not be im- proper to give a very brief account of the mod conliderable of them, without interruption, though it fhould make us depart a little from the exa6t order of time.

William of William of Malmlbury, who is well entitled Maimf- to ftand at the head of our hiftorians of the twelfth century, was born in Somerfetlhire, and, on that account, is fometimes called William Somerfet. When he was but a child (as he him- felf acquaints us), he discovered a fondnefs for learning, which was encouraged by his parents,

50 Rymeri Feed. t. i. p.ij.

*' Baron. Annal. torn. ia. an. 1154. M. Paris, Vita Abbat p.48.

if and

Chap. 4. Sea. 2. LEARNING, &c.

and increafed with his years 5*. " I applied " (fays he) to the ftudy of feveral fciences, but " not with equal diligence. I went through a " courfe of logic, but profecuted it no further ; " with phyfic, or the art of curing difeafes and " preferving health, I was at more pains ; for " ethics, which lead to a good and happy life, " I had ftill a higher veneration ; but hiftory, *c which is equally pleafant and profitable, was " my favourite ftudy. Having, at my own ex- " pence, procured the copies of fome foreign " hiftories, I then, at my leifure, began to " enquire into the memorable tranfaclions of my " own country ; and not finding any fatisfa6tory " hiftory of them already written, I refolved to " write one, not to difplay my learning, which *' is no great matter, but to bring things to " light that are covered with the rubbifh of an- " tiquity"." This defign he executed with great ability and diligence, by writing a general hiftory of England in five books, from the arrival of the Saxons, A.D. 449., to the 26th of Henry I., A.D. ii 26. ; and a modern hiftory in two books, from that year to the efcape of the Emprefs Maud out of Oxford, A.D. 1143.; w*tn a church- hiftory of England in four books S4. In all thefe hiftorical works (which are written in a Latin ftyle more pure than that of any of his contem- poraries), he difcovers great diligence, much

^ W. Malmf. Prolog. 1. II. p. 19. " Id. ibid.

st ,R.erum Anglicar. Script, a Hen. Savile edit. London, 1596.

good

HISTORY OF BRITAIN. Book III.

good fenfe, and afacred regard to truth, accom- panied with uncommon modefty. " I do not " (fays he) fet a very high value on the applaufe " of my contemporaries, which I hardly expect ; " but I hope, that when both favour and male- " volence are dead, I mall obtain from poflerity " the character of an induftrious, though not of " an eloquent hiftorian ss." This excellent per- fon, to whom all the lovers of Englifh hiftory are fo much indebted, fpent his life in the humble ftation of a monk and library-keeper in the abbey of Malmfbury, where he died, A.D.

Simeon of Simeon of Durham, the contemporary of Wil- &"r liam of Malmfbury, merits a place among the hiftorians and antiquaries of this period, for the great pains he took in collecting the monuments of our hiftory, efpecially in the north of Eng- land, after they had been fcattered by the Danes in their devaftations of that country 57. From thefe he compofed a hiftory of the kings of Eng- land, from A.D. 616. to A.D. 1130., with fome fmaller hiftorical pieces s\ Simeon both ftudied and taught the fciences, and particularly the mathematics, at Oxford, and became precentor of the church of Durham, where he died, pro- bably (bon after the conclufion of his hiftory, which was continued by John, prior of Hexham, to A. D. 1 1 56. S9 Richard, who fucceeded John

* Prolog, ad lib. i. 5fi Cave Hift. Literaire, p.66l. 57 Leland de Script. Brit. torn. i. p. 188.

* ApudX Script, p.67 456. *' Id. p.»57— »8».

10 in

Chap. 4- Sea. 2. LEARNING, &c. 139

in the government of the priory of Hexham, wrote the hiftory of the bifliops of that church, and of four years of the reign of King Stephen, from A.D. 1135. to A.D. 1139. 6o

Ailred, abbot of Revelby in Lincolnfhire, was Ailredu* born of noble parents, and educated in the court of David King of Scots, with his fon prince Henry, who was one of the mod ftudious, as well as one of the bravefl princes of his age. After the death of Henry, Ailred retired into the abbey of Revefby ; and became fo famous for his piety and learning, that he might have attained to the higheft dignities of the church, if he had not modeftly declined them, and con- tented himfelf with the government of his own abbey, where he died A. D. 1 1 66. He left be- hind him many monuments of his piety and learning, betides his hiftorical works, for which he is introduced in this place 6z. Several of his theological treatifes are printed among the works of his friend St. Bernard, and his hiftorical pieces in the collection of the ten ancient hiftorians publifhed by Sir Roger Twyfden, London, A.D. 1652.

Henry of Huntingdon was the fon of one Henry of

Nicolas, a married priefl, and was born about Huntms-

ton. the beginning of the twelfth century, or end of

the eleventh. For he acquaints us, that he was made an archdeacon by Robert Bloet Bifhop of

Apud X Script, p. 286—330. 61 Biographia Britan. vol. I. p. 73. * X Script, p. 338— 443.

Lincoln,

140 HISTORY OF BRITAIN. Book III.

Lincoln, who died A. 0.1123. C3 He was" educated by Albinus of Anjou, a learned canon of the church of Lincoln, and in his youth dif- covered a great tafte for poetry, by writing eight books of epigrams, as many of love- verfes, with three long dida6lic poems, one of herbs, another of fpices, and a third of precious ftones fr4. In his more advanced years he applied to the ftudy of hiftory ; and at the requefl of Alexander Bifhop of Lincoln, who was his great friend and patron, he compofed a general hiftory of Eng- land, from the earlieft accounts to the death of King Stephen, A.D. 1154., in eight books65. In the dedication of this work to Bifhop Alexan- der, he tells us, that in the ancient part of his hiftory he had followed venerable Bede, adding a few things from fome other writers; that he had compiled the fequel from feveral chronicles he had found in different libraries, and from what he had heard and feen66. Towards the conclu- fion of this work, he very honeftly acknowledges, that it was only an abridgment ; and that to compofe a complete hiftory of England, many more books were necefiary than he could pro- cure 67. Mr. Wharton hath publilhed a long letter of this author to his friend Walter, abbot of Ramfey, on the contempt of the world, which

63 Anglia Sacra, torn. a. p. 695.

64 Leland de Script. Britan. torn. i. p. 197.

's Vide Rerum Anglicarum Scriptores poft Bedam a Hen. Savile edit. London, A.D. 1596. p. 169 228.

66 Id. p. 169. ei Id. p. 328.

contains

Chap. 4- Sea. 2. LEARNING, &c.

Contains many curious anecdotes of. the kings, nobles, prelates, and other great men, who were his contemporaries. £S

Roger de Hoveden was born in Yorkfliire, Roger . mod probably at the town of that name, now Hovedeiu called Howden, fometimein the reign of Henry I. After he had received the firft parts of educa- tion in his native county, he lludied the civil and canon law, which were then become the moft faihionable and lucrative branches of learn- ing50. He became domeflic chaplain to Henry II., who employed him to tranfact feveral eccleliaf- tical affairs : in which lie acquitted himfelf with honour. But his moft meritorious work was* his annals 0f England, from A. D. 731., when Bede's eccleiiaftical hiftory ends, to A. D. 1202. This work, wjhich is one of the mod voluminous of our ancient hiftories, is more valuable for thelincerity with which it is written and the great variety of facls which it contains, than for the beauty of its ftyle, or the regularity of its arrangement.

William Little, who is better known by his William Latin name Gulielmm Neubrigenfis, was born at Lltdc* Bridlington in Yorkfliire, A. D. 1136., and educated in the abbey of Newborough in the fame county, where he became a monk71. In

^ .Anglia Sacra, torn. *. p. 694 702. *9 Leland de Script. Brit. 1. 1. p. 249. w Vid Rerura Anglicar. a Savileo edit. p.»3o— 471. 71 Hiftoria G. Nubrigen. a T. Hearne edit. Oxon. 1^19. 1. 1. c. 15. p. 5 3. Ibid, in fine Frooemii.

his

I42 HISTORY OF BRITAIN. Book III.

his advanced years he compofed a hiftory of England in five books, from the Norman con- queil, to A. D. 1197., which, for veracity, re- gularity of difpofition, and purity of language, is one of the moil valuable productions of this period. In his preface to this work, he made fome very fevere ilric"lures on Geoffrey of Mon- mouth's Britiih hiftory, which have drawn upon him the difpleafure of feveral ancient Britons, though it cannot be denied that his ftriclures were in general well-founded, and difcover a degree of critical difcernment that was not very common in thofe times.

Gervafe ^ Gervafe of Canterbury, a monk of the mona- ftery of ChrihVs church in that city, was one of the moil voluminous hiftorians of this period. His chronicle of the kings of England, from A.D. 1 122. to A.D. 1200., and his hiftory of the archbimops of Canterbury, from St. Auguftine to Archbiihop Hubert, who died A. D. 1205., are his two moil coniiderable performances of this kind, and are publiihed, together with his fmaller pieces, in the collection quoted below72. A ftricl; attention to chronology in the difpofi- tion of his materials, is one of the chief excel- lencies of this hiilorian.

Ralph de Ralph de Diceto, Archdeacon of London,

Diceto. was the contemporary of Gervafe, and compofed

alfo two hiftorical works, intitled, Abbrevationes

71 Hift. Anglican. Script. X a R. Twifden edit. London, 165*., col. 1290 1683.

chroni-

Chap. 4. Sea. 2. LEARNING, &c. 143

chronicorum, and Imagines hi/ioriarum* which are publiflied in the fame collection. "

Benedict, abbot of Peterborough, was edu- BenedlA

CJ * » i

cated at Oxford, became a monk in the monaftery of Chrift's-church in Canterbury, and fome time after was chofen prior by the members of that fociety. Though he had been a great ad- mirer of Archbifhop Becket, and wrote a life of that prelate, he was fo much efteemed by Henry II., that by the influence of that prince he was elected abbot of Peterborough, A. D. ii77.74 He affiftedat the coronation of Rich- ard I. A. D.I 1 89., and was advanced to be. keeper of the great feal A. D. 1191. " But he did not long enjoy this high dignity, as he died on Michaelmas-day A. D. 1193. 76 Befides his life of Archbifliop Becket, he compofed a hiftory of Henry II. and Richard I. from A. D. 1170. to A. D. 1192.; which hath been much and juftly efteemed by many of our greateft anti- quaries, as containing one of the beft accounts of the tranfactions of thofe times. A beautiful edition of this work was publiflied at Oxford, in two volumes, by Mr. Hearne, A. 0.1735. My gratitude for the information I have received from the perufal of the Englifh hiftorians of the twelfth century, who, in merit, as well as in

73 Hift. Anglican. Script. X a R. Tvrifden. edit. Condon, col. 429— 710.

74 Benedidlus Abbas a T. Hearne edit. Oxon. 1735., tom.i- p. aio. " Id. ibid. p. 55 6. 714.

76 Robert! Swaphami Hift. Ccenob. Burgen. a Jofepho Sparki edit. London, 1743. p.zoj.

number,

I44 HISTORY OF BRITAIN. Book III.

number, are fuperior to thofe of any other nation t)f Europe, in that period, is in danger of making me forget the proportion that muft be obfervecl in the feveral parts of this work, or negle6t thofe who were the chief ornaments of their country in other branches of learning.

SaUfhu°f John of Salisbury was born at Old Sarum, *. from which he derived his name, about A. D. i ii 6. For, according to his own account, after he had gone through a courfe of education in England, he went to the univerfity of Paris, for his further improvement, A. D. 1 136., at which time, it is probable, he was at leaft twenty years of age 77. In this famous feat of learning he fpent no fewer than twelve years, attending the lec- tures of the moil celebrated profeflbrs of the feveral fciences, particularly grammar, rhetoric, the Ariftotelian philofophy, and theology 7S. At bis return into England he ftudied the civil law under Vacarius, who taught with great applauie at Oxford, A. D. 1149.™ By this long and ardent application to ftudy, under the bed mailers, he acquired a prodigious fund of knowledge, and became one of' the moil learned men of the age in which he fiourilhed. Em- bracing the monaltic life at Canterbury, he was the bofom-friend and chief confident of two fuc- cefiive archbifliops of that fee, Theobald and

« J. Sarifburien. Metalog. l.a- c. 10. p. 802. 7' Id. Ibid.

79 J. Sarifburien. Policraticon, 1.8. c. aa. p.6;a. Seldeni Diflertat. mFlet.c.7. fed. 3.

Thoma*

Chap. 4. Setf. 2. LEARNING, &c. ,

Thomas Becket 8o. To the laft of thefe, while he was chancellor of England, our author dedi- cated his famous work, De nugis curialium, et vejligiis philofophorum (of the fopperies of cour- tiers, and the footfteps of philofophers), in an elegant Latin poem, containing fome of the politeft compliments to his patron. This work is indeed the mod curious and valuable monu- ment of the Englifli literature of the twelfth century ; and it is impoffible to perufe it without admiring the virtue and good fenfe, as well as the genius and erudition of its author81. His connection with Archbifhop Becket involved him in many troubles ; and he was the very firfl perfon banifhed out of Englandby Henry II. A.D. j 164., for his attachment to that prelate82. He continued almofl feven years in exile, though he had the mod inviting offers made him, not only of leave to return home, but alfo of the royal favour and preferment, if he would abandon the party of the Archbimop. But to this he never would confent, declaring his refolution to die in exile, rather than forfake his friend and patrqn in his adverlity ; though he was far from approving of his conduct in every particular 83. His friend- fliip for Becket was as active as it was fteady, and prompted him to undertake no fewer than

60 Bubei Hift. Univerf. Parifien. torn. a. p. 751.

81 Vid. J. Sarifburien. Prolicraticon, five de Nugis Curialiura et Veftigiis Philofophorum, lib. o<Sh ImprelT. Lugduni Batavorum, 1639. b2 Epift. S. Thorn* Cant. Ep. ». Lx. p. 8,

** Id. ibid. p. 137. 330.

VOL. vi. L ten

HISTORY OF BRITAIN. Book III.

ten journies into Italy, befides many others into different parts of France, in negotiating his affairs Si. At length he obtained permiffion to return into England a little before the Arch- bifhop, A. D. 1171., and was a mournful fpec- tator of the murder, of his beloved friend and patron 8s. In the time of his exile our author had gained the favour of many perfons of the highefl rank, particularly of Pope Alexander III., of the King of France, and of the Archbifhop of Sens, by whofe interefl he was elected bifhop of Chartres in that province, A. D. 1172. 86 Hav- ing enjoyed this dignity almofl ten years, he died A. D. 1182. John of Salifbury compofed many other works, befides that already men- tioned, particularly a very learned defence of grammar, rhetoric, and logic, againft one whom he calls Cornificius, which contains a mod curious account of the flate of thefe fciences in this period 8?. A collection of his letters, confifting of above three hundred, with a life of Thomas Becket, were publifhed at Paris, A. D. 1611.

Peter of Peter of Blois (Petrus Blefenfis) was born

Kois* about A. D. ii 20., at the city of Blois in France,

from whence he derived his name. His parents,

being opulent, gave him a learned education S8.

** J. Sarifburienf. Metalog. 1.3. init. p. 83 8. •s Epift. S. Thornse, 1.5. Ep.64. * Bulaei Hift. Univerf. Parif. torn. 2. p. 3 94. 87 Vid. J. Sarilburienf. Metalog. lib. Quart» Irnprefll LugdunI Batav. 1639. *" Epift* Blefen. Ep. 90. 93.

In

Chap. 4. 8ed. 2. LEARNING, &c.

In his youth, when he fludied in the univerfity of Paris, he was exceffively fond of poetry ; and when he was a little further advanced in life, he became no lefs fond of rhetoric, to the fludy of which he applied with the greateft ardour 8p. From Paris he removed to Bononia in Italy, to acquire the civil and canon law, in the know- ledge of both which he very much excelled 9°. He appears from his writings to have cultivated medicine, and feveral branches of the mathe- matics, with no little care and fuccefs 9I. The fludy of theology was the chief delight and bufi- nefs of his life, in which he fpent the greateft part of his time, and made the greateft progrefs. But unfortunately it was that fcholaftic theology, which confifted in vain attempts to prove and explain the many abfurd opinions which then prevailed in the church, by the fubtilties of Ariftotelian logic 92. In attempting to explain in this manner the moft abfurd of all opinions that ever exifted amongft mankind, he was the very firft perfon who employed the famous word tran/ub/lantiation, which was foon after adopted by the church of Rome, and hath ever fince made fo great a noife 93. Being appointed pre- ceptor to William II., King of Sicily, A. D. 1 167., he obtained the cuftody of the privy fealj and next to the Archbilhop of Palermo, the prime minifter, had the greateft influence in all

89 Epift. P. Blefenf. Ep. 76. 36. *> Ep. 6. 8.

»' Ep. 43- 92 Ep. 140. »} Id. ibid.

L 2 affairs.

148 HISTORY OF BRITAIN. Book III.

affairs 94. But his power was not of long dura- tion ; for the Archbifhop being baniftied, A. D. 1 1 68., our author foon after left the court of Sicily, and returned into France. He was not long, however, without a royal patron, being invited into England by Henry II., who employed him as his private fecretary, made him Arch- deacon of Bath, and gave him fome other .bene- fices os. When he had fpent a few years at court, he conceived a difguft at that way of life (of which he hath drawn a very unpleaiing picture in one of his letters), and retired into the family of Richard Archbifhop of Canterbury, who made him his chancellor about A. D. 1 176. 96 In this ftation he continued to the death of the Arch- bifliop, A. D. 1183., enjoying the highefl degree of favour with that prelate, though he ufed much freedom in reproving him for his remifinefs in the government of the church 97. Our author remained in the fame ftation in the family of Archbifhop Baldwin, who fucceeded Richard, acting both as his fecretary and chan- cellor. He was alfo fent by that prelate on an embafiy to Rome, A. D. 1187., to plead his caufe before Pope Urban III., in the famous con. troverfy between him and the monks of Canter, biiry, about the church of Hackington 9S. After the departure of his friend and patron Baldwin for the Holy Land, A. D. 1 190., our author was

* Epilt P. Bkfenf. Ep. 131. # Ep. '149.

'< Ep. 14. 38- 130. *7 Ep. j.

** Gervas Cbron. col. 1498) 1499.

involved

Chap. 4- Sea.2. LEARNING, &c.

involved in various troubles in his old age, the caufes of which are not di(lin6lly known, and died about the end of the twelfth century. He appears from his works, which may be juftly reckoned among the mod valuable monuments of the age in which he flourifhed, to have been a man of great integrity and lincere piety, as well as of a lively inventive genius, and uncommon erudition. His printed works confifl of one hun- dred and thirty-four letters, which he collected together at the defire of Henry II. ; of fixty-five fermons, delivered on various occafions ; and of feventeen tra6ls on different fubjects ". Of the quicknefs of our author's invention, a very remarkable example hath been already men- tioned ; and whoever will give themfelves the trouble to perufe his works, will meet with many proofs of his erudition. I0°

Girald Barry, commonly called Giraldus Cam- Girald In-enfis, i. e. Girald of Wales, was born at the Ban7- caflle of Mainarper, near Pembroke, A. D. 1 146. 10t By his mother he was defcended from the princes of South Wales; and his father, William Barry, was one of the chief men of that principality. Being a younger brother, and in- tended for the church, he was fent to St. David's, and educated in the family of his uncle, who was biftiop of that fee. He acknowledges, in his

99 Vid. Opera P. Blefenf. Parifiis edit. A.D.I66;.

100 See fe(5h i. of this chap. p. 91.

101 Praefat ad Ang. Sacr. torn. 2. p.ao. Id. p. 466.

L 3 hiftory

150 HISTORY OF BRITAIN. Book III.

hiftory of his own life and actions, that in his early youth he was too playful ; but being fe- verely reproached for it by his preceptors, he became a very hard (Indent, and greatly excelled all his fchool-fellows in learning :oz. When he was about twenty years of age, he was fent, A. D. 1 166.5 for his further improvement, to the univerfity of Paris ; where he continued three years, and became, according to his own ac- count, a moll excellent rhetorician ; which ren- dered him very famous I03. On his return into Britain, he entered into holy orders, and ob- tained feveral benefices both in England and Wales. Obferving, with much concern, that his countrymen, the Wellh, were very back- ward in paying the tithes of wool and cheefe, which he was afraid would involve them in eternaldamnation, he applied to Richard Arch- bifhop of Canterbury, 'and was appointed his legate in Wales for rectifying that diforder, and for other purpofes. He executed this com- miffion with great fpirit, excommunicating all without diflinction who refufed to fave their fouls, by furrendering the cithes of their cheefe and wool l04. Not fatisfied with enriching, he alfo attempted to reform the clergy, and dilated the Archdeacon of Brechin to the Archbifhop,for the unpardonable crime of matrimony ; and the poor old man refuting to put away his wife, was

'" Girald. Cambren. de Rebus a fe geftis, 1. 1. c. a. apud Angl. Sacr. torn. a. p 467. 103 Id, ibid.

104 Id. ibid. 0.3. p. 468.

deprived

Chap. 4. Se<a.2. LEARNING, &c.

deprived of his archdeaconry ; which was be- ftowed upon our zealous legate IOS. In difcharg- ing the duties of this new office, he acted with great vigour, which involved him in many quar- rels : but if we may believe himfelf, he was al- ways in the right and always victorious. His uncle the Bifhop of St. David's, dying A. D. 1 176., he was elected his fiicceflbr by the chapter : but this election having been made without the permiffion, and contrary to the inclination, of Henry II., our author prudently declined to infift upon it, and went again to Paris to profecute his ftudies, particularly in the civil and canon law and theology I06. He {peaks with great raptures of the prodigious fame he acquired by his elo- quent declamations in the fchools, and of the crowded audiences who attended them, who were at a lofs to know whether, the fweetnefs of his voice, the beauty of his language, or the irre- fiftible force of his arguments, were moil to be admired I07. Having (pent about four years at Paris, he returned to St. David's ; where he. found every thing in confufion ; and the JSifliop being expelled by the people, he was appointed adminiftrator by the Archbifhop of Canterbury, and governed the diocefs in that capacity to A. 0.1184., when the Bifhop was reitored Io8. About the fame time he was called to court by

105 Girald. Cambren. de Reims a fe geftis, l.i. 0.4, 5, 6.

106 Id. ibid. 1.1. 0.9, lo> II. 1. 3. c.i. "7 Ibid. L a. c.i, z. te* Ibid. c. 6, 7.

L 4 Henry

152 HISTORY OF BRITAIN. Book III,

Henry II., appointed one of his chaplains, and fent into Ireland A.D. 1185., with Prince John109. By this prince he was offered the united bifliop- tics of Femes and Leighlin ; but declined them, and employed his time in collecting materials for his topography of Ireland, and his hiftory of the conqueft of that ifland. Having finiflied his to- pography, which confifled of three books, he publifhed it at Oxford A.D. 1187., in the fol- lowing manner, in three days. On the firft day he read the firft book to a great concourfe of people, and afterwards entertained all the poor of the town ; on the fecond day he read the fecond book, and entertained all the doctors and chief fcholars ; and, on the third day, he read the third book, and entertained the younger fcholars, foldiers, and burgeffes "°. " A mofl " glorious fpectacle ! (fays he) which revived " the ancient times of the poets, and of which " no example had been feen in England." He attended Baldwin Archbilhop of Canterbury, in his progrefs through Wales, A. D. 1186., in preaching a croifade for the recovery of the Holy Land, in which, he tells us, he was far more fuccefsful than the primate ; and particu- larly that the people were prodigioufly affected with his Latin fermons, which they did not un- derftand, melting into tears, and coming in crowds to take the crofs111. Although Henry II.,

'•* GIrald. Cambren. de Rebus a fe gcftis, l.i. c. 8. 10. "• Ibid. c.i6. IH Ibid. c.i8.

as

Chap. 4. Sea. 2. LEARNING, &c. 153

as our author aflures us, entertained the higheft opinion of his virtues and abilities ; yet he never would advance him to any higher dignity in the church, on account of his relation to the princes and great men of Wales. But on the acceffion of Richard I. A. D. 1 189., his profpects of pre- ferment became better ; for he was fent by that prince into Wales to preferve the peace of that country, and was even joined in commiffion with William Longchamp Bifliop of Ely, as one of the regents of the kingdom "2. He did not, however, improve this favourable opportunity ; refufing the bifhopric of Bangor in A. D. 1 190., and that of Landaff, the year after, having fixed his heart on the fee of St. David's, the biihop of which was very old and infirm "3. In A. D. 1192., the ftate of public affairs, and the courfe of intereil at court, became fo unfavourable to our author's views, that he determined to retire. At firft he refolved to return to Paris, to profe- cute his ftudies ; but meeting with fome diffi- culties in this, he went to Lincoln ; where Wil- liam de Monte read lectures in theology with great applaufe "4. Here he fpent about fix years in the fludy of divinity, and in compofing fe- veral works. The fee of St. David's, which had long been the great object of his ambition, became vacant A. D. 1198., and brought him again upon the ftage. He was unanimoufly

111 Girald. Cambren.de Rebus a fe geftis, l.i. c. ax. p. 495. "• Ibid; c.*a.a4. II4 Ibid. 1.3. 0.3.

% elected

154 HISTORY OF BRITAIN. Book III.

elected by the chapter ; but met with fo powerful an adverfary in Hubert Archbilhop of Canter- bury (who oppofed his promotion with great violence), that it involved him in a litigation, which laded five years, coft him three journies to Rome, at a great expence, and in which he was at laft defeated, A. D. 1203 "s. Soon after this he retired from the world, and fpent the laft feventeen years of his life in a (ludious privacy, compofing many books of which we have a very correct catalogue in the work quoted below "6. That Girald of Wales was a man of uncommon activity, genius, and learning, is undeniable ; but thefe and his other good qualities were much tar- nifhed by his infufferable vanity, which muft have been very oflfenfi ve to his contemporaries, as it is highly difgufting to his readers.

Many other men of genius and erudition flou- rifhed in Britain in this period ; but to give a full account of them, belongs rather to the bio- grapher than to the general hiftorian.

115 Girald. Cambren. de Rebus a fe geftis, 1.3. 0.4 19. u6 Biographia Britannica> yol.i. p. 51 a.

Chap. 4. Sea. 3. LEARNING, &c. 155

i.

SECTION III.

fit/lory of the chief Seminaries of Learning in Great Britain, from A.D. 1166. to A.D. 1216.

o

INE caufe of the improvements in the Different o i i 11 i i kinds of

fciences which took place in this period, fchoois. was the increafe of feminaries of learning. Thefe may be divided into five claffes, viz. i. General ftudies or univerfities; 2. Epifcopal or cathedral fchools ; 3. Monaftic or conventual fchools ; 4. The fchools of cities and towns ; and, 5. The fchools of the Jews. Of each of thefe claffes we fhall give a brief account.

That thofe feats of learning which are now Univerfi- called univerfities were anciently called Jludies, ties' is well known ; as, the iludy of Oxford, the ftudy of Paris, &c. x But about the end of the twelfth or beginning of the thirteenth century, the modern name feems generally to have pre- vailed, either becaufe all kinds of learning were taught in them, and iludents of all countries were welcome to them, or becaufe they were formed into legal communities, which, in the Latin of thofe times, were called univerjitates*. Of fuch univerfities there were only two in Britain, Ox- ford and Cambridge.

1 J. Brompt. Chron. col. 814.

2 A. Wood) Hift. Uoiverf. Qxon, p.iS.

The

156 HISTORY OF BRITAIN. Book III.

Oxford. The ftate of public affairs was fo unfettled for a confiderable time, both before and after the conquefl, and the city of Oxford in particular fuffered fo much, firft from the Danes, and after- wards from the Normans, that it could not be in a flourifhing condition as a feat of learning 3. From Doomfday-book we find, that A. D. 1086., there were no fewer than five hundred and twenty-two ruinous or empty houfes in Oxford, and only two hundred and forty -three inhabited. It hath been warmly agitated, whether the Con- queror's youngefl fon, afterwards Henry I., was educated at Oxford or Cambridge, without fa- tisfa6lory evidence on either iide 4. That he built a palace, and fometimes refided, in the firft of thefe places, is better attefted 5. It is alfo faid, that Robert White, of whom an ac- count hath been already given, taught with great reputation at Oxford in the reign of that learned prince «. But this feat of the mufes was taken by ftorm, and reduced to afhes, A. D. 1141., by King Stephen; which difperfedboth teachersand fcholars. In a little time, however, they returned to their favourite relidence ; which, before the end of that reign, became famous for the ftudy of the civil law 7. This univerfity became ftill more flourifhing in the reign of Henry II., who was a learned prince, and a great patron of

3 A. Wood, Hift. Univerf. Oxon. p. 44 46.

* Id. p-46. col. a. J.Caius in Antiq. Cantab, p-9?. 5 A. Wood, Hift. Univerf. Oxon. p. 49-

Id. ibid. 7 Id- P-5*«

learning ;

Chap. 4. SeA. 3. LEARNING, &c. 157

learning ; though a great part of the city, and feveral fchools or halls, were deilroyed by an accidental fire, A. D. 1 190. 8 Before that time the houfes and halls of Oxford had been built of wood, and covered with draw j but after this fire, many of them were built of Hone, and co- vered with tiles or lead. As Richard I. had been born at Oxford, he dill retained an affection for it, and granted it fo many privileges, that, in his reign, it became a rival to the univerfity of Paris9. In the reign of King John, when the univerfity was in a profperous ftate, an unfortu- nate event happened, A. D. 1209., which threat- ened it with deftruclion. A fcholar, engaged in his diverfion, accidentally killed a woman, and made his efcape, for fear of punifhment. A prodigious mob, with the mayor of the city at their head, immediately affembled, and fur- rounded the hall to which the unfortunate fcholar belonged ; and not finding him, feized and im- prifoned other three, who were entirely innocent, and obtained an order from King John, who hated the clergy, to put them to death j which was executed without delay. The greateft part of the profeffors and fcholars, enraged at this * a6l of cruelty and injuftice, abandoned Oxford to the number of three thoufand, and retired, fome to Cambridge, fome to Reading, and fome to Maidftone in Kent. They complained alfo to

* A. Wood. Hift. Univerf Oxon. p. 5 7.

9 Bulsei Hift. Univerf. Parifienf. torn. 2. p. 544* &c.

the

158 HISTORY OF BRITAIN. Book III.

the Pope, and obtained a bull, laying the city under an interdict, and difcharging all profef- fors from teaching in it. Their fuperftitious ter- rors and fecular loffes foon brought the people of Oxford to repent of the cruelty they had com- mitted ; and they fent a deputation of their moft refpe6lable citizens to Nicolas Bilhop of Tuf- culum, the Pope's legate, to make their fubmi£ lions, and promife obedience to all his com- mands. In confequence of this the legate iffued a bull, dated atRamfey, 26th June A. D. 1214., fufpending thofe profeffors who had not left Ox- ford, from teaching for three years j prefcribing the moil humiliating penances to the inhabitants, and ftipulating manyadvantages for the members of the univerfity ; and obliged the mayor, with fifty of the chief citizens, to take a folemn oath, in the name of all the reft, that they would comply with every article in that bull. When all thefe preliminaries were fettled, the profeffors and fcholars returned in fuch multitudes, and were fo joyfully received by the citizens, that the univerfity became more flourishing than it had ever been ; and at the conclusion of this period confided of about fourthoufand members. 10 Cam- Cambridge fuffered ftill more than Oxford,

bridge. \^o^\i from the Danes before, and the Normans after,theconqueft; and feemsto have been longer and more entirely deferted as a feat of learning ".

10 Wood, Hift. Ant. Univerf. Oxon, p. 60, 6r.

11 J. Brompt. Chron. col. 887, 888. Chron. Saxon, p. 140.

10 This

Chap. 4. Se&. 3. LEARNING, &c. 159

This appears from the following diftin6l account of its revival, given by a writer of undoubted credit: " Joffrid, Abbot of Croyland, A.D. " 1109., fent to his manor of Cottenham, near " Cambridge, mailer Giflebert, his fellow-monk, * " and profeffor of theology, with three other " monks who had followed him into England ; " who being very well inftrucled in philofophical " theorems, and other ancient fciences, went " every day to Cambridge j and having hired a " certain public barn, taught the fciences " openly, and in a little time collected a great " concourfe of fcholars. For in the very fecond " year after their arrival, the number of their " fcholars from the town and country increafed " fo much, that there was no houfe, barn, nor " church, capable of containing them. For " this reafon they feparated into different parts " of the town, and imitating the plan of Or- " leans, brother Odo, a famous grammarian and " fatirift of thofe times, read grammar, accord- ing to the doctrine of Prifcian9 and Remigius " upon him, to the boys and younger ftudents " afligned to him, early in the morning. At " one o'clock brother Terricus, an acute fo- " phift, read Ariftotle's logics, according to the " introductions and commentaries of Porphyry " and Averrois, to thofe who were further ad- " vanced. At three, brother William read lec- " tures on Tully's rhetoric and Quintilian's in- " ftitutions. But mafter Giflebert, being ig- ** norant of the Englifli, but very expert in the

« Latin

l6"o HISTORY OF BRITAIN. Book III.

" Latin and French languages, preached in the " feveral churches to the people on Sundays and

" holidays. From this little fountain, which

" hath fwelled into a great river, we now behold " the city of God made glad, and all England " rendered fruitful, by many teachers and doc- " tors iffuing from Cambridge, as from a moft " holy paradife l2." This laft obfervation Ihews, that the univerfity of Cambridge, after its re- vival by thole learned monks in the beginning of the twelfth century, made fuch rapid progrefs that, before the end of that century, when Peter of Blois wrote, it had attained to a very flourifh- ing condition. The town, and confequently the univerfity, fuffered much in the civil war be- tween King John and his barons, having been taken and plundered by both parties, A.D. 1215. 13

So many of the ingenious youth of Britain, in this period, finimed their education in the uni- verfity of Paris, that it merits a little of our attention, though not ftriftly within our plan14. It was unqueftionably the mofl celebrated feat of learning in Europe in thofe times, and was called by way of eminence, The city of letters ls. All who excelled as teachers, or wifhed to improve as ftudents, crowded to Paris, as the mofl proper place for difplaying or acquiring talents. In the

" P. Blefenf. Continuatio Hift. Ingulph. ann. 1109. p. H4> «5«

13 Fuller's Hift. Camb. p. 8-

14 Bulaei Hift. Univerf. Parifien. 1. 11. p. 399.

15 Id. ibid. p.aj3» Hiftoire Literaire de la France, torn. 9. p. 7?.

13 twelfth

Chap. 4. Sed. 3. LEARNING, &c.

twelfth century we are allured, that the Undents in the univerfity conftituted one half of the in- habitants of that city 16. The Englifli in par- ticular were fo numerous, that they occupied feveral fchools or colleges ; and made fo diftin- guifhed a figure by their genius and learning, as well as by their generous manner of living, that they attracted the notice of all ftrangers. This appears from the following verfes, defcribing the behaviour of a ftranger on his firft, arrival in Paris, compofed by Negel Wircker, an Englifli ftudent there, A. D. 1170.

Pexus et ablutus tandem progrdTus in urbem,

Intrat in ecclefiam, vota precefque facit.

Inde fcbolas adiens, fecum deliberat, utrum

Expediat potius ilia vel ifta fchola.

Et quia fubtiles fenfu confident Anglos,

Pluribus ex caufis fc fociavit iis.

Moribus egregii, verbo vultuque venufti,

Ingenio pollent, confilioque vigent.

Dona pluunt populis, et deteflantur avaros,

Fercula multiplicant, et fine lege bibunt. '7

The ftranger drefs'd, the city firft furveyj,

A church he enters, to his God he prays.

Next to the fchools he haftens, each he views,

With care examines, anxious which to chuie.

The Englifli moft attract his prying eyes,

Their manners, words, and looks pronounce them wif«.

Theirs is the open hand, the bounteous mind,

Theirs folid fenfe, with fparkling wit combin'd.

Their graver ftudies jovial banquets crown,

Their rankling cares in flowing bowls they drown.

15 Hiftoire Literaire de la France, torn. 9t p> 663. 17 A. Wood, Antiq. Oxon. p.jj.

vi. M

HISTORY OF BRITAIN. Book III.

Adanv- Thefe general ftudies or univerfities, as Paris, Si Oxford, Cambridge, Bologna, &c. poffefled fe- ties. veral advantages, which attracted greater num-

bers of (Indents to them than to other feats of learning. They had not only the bed libraries, and moft, famous profeflbrs in all the fciences, but being incorporated focieties, they were go- verned by their own magiftrates, and enjoyed feveral peculiar privileges, particularly that of conferring academical honours or degrees. Thefe were introduced in the courfe of this period, and foon became great objects of ambi- tion, and incitements to learning. IS Cathedral In the darkeft of the middle acres, the families

•T V% 1 ^^

of bifliops were the chief feminaries of learning, in which young perfons were educated for the fervice of the church ". Thefe epifcopal or cathedral fchools ftill continued in this period. They were even better regulated, and confe- quently more ufeful and more famous. In the moft ancient times, the bifhop was commonly the chief, if not the only teacher, of his cathe- dral fchool ; the faithful difcharge of which laborious office was hardly compatible with the other duties of his function 20. But in this period thefe fchools were put under the direction of men of learning, who devoted their whole time and ftudy to the education of youth, and had certain eftates or prebends afligned for their

18 Hiftoire Literaire de la France, torn. 9. p. 80— 84. Bulaei Hift, Univerf. Parif. torn. I. p. 151, Jja. Id. ibid.

15 fupport.

Chap. 4, Sea. 3. LEARNING, &c. ••* 163

fupport. Thefe teachers of the cathedral fchools were called The Jcholqftics of the diocejs ; and all the youth in it who were defigned for the church were intitled to the benefit of their inftruc- tions". Thus, for example, William de Monte, who had been a profeffor at Paris, and taught theology with fo much reputation, in the reign of Henry II., at Lincoln, was the fcholaftic of that cathedral ?\ By the eighteenth canon of the third general council of Lateran, A.D. 1 179., it was decreed, that fuch fcholaftics fhould be fettled in all cathedrals, with fufficient revenues for their fupport j and that they mould have authority to fuperintend all the fchoolmafters of the diocefs, and grant them licences, without which none mould prefume to teach 23. The la- borious authors of the literary hiflory of France, have collected a very diftinc"l account of the fcholaftics who prefided in the principal cathe- dral fchools of that kingdom in the twelfth cen- tury, among whom we meet with many of the moil illuftrious names for learning of that age 24. To attempt this with refpe6l to England, would be quite unfuitable to the nature of general hif- tory. The fciences that were taught in thefe cathedral fchools, were fuch as were mofl necef- fary to qualify their pupils for performing the

21 Du Cange Glofs. voc. Scholafticus.

22 Girald. Cambrenf. de Rebut a fe geftis, 1. 3. c. 3. apud Ang. Sac. torn. 2. p. 499.

n Concil. torn. 10. p.ijiS. c.i8.

14 Hiftoire Literaire de la France, torn. 9. p.3i 64.

M 2 duties

1 64 HISTORY OF BRITAIN. Book III.

duties of the facerdotal office, as grammar, rhetoric, logic, theology, and church-mufic. Conven- The great increafe of religious houfes in this fchooi*. period, very much increafed the number offe- minaries of learning, as there was a fchool more or lefs famous in al mod every convent15. We may form fome idea of the number added to the fchools of England by this means, if we confider, that there were no fewer than five hun- dred and fifty-feven religious houfes of different kinds founded in it between the conqueft and the death of King John zf>. One defign of thefe monadic fchools was, to inftruct the younger monks in thofe branches of learning that were necefiary to their decent performance of the fer- vice of the church, particularly in the Latin language and church-mufic. Some degree of knowledge of thefe parts of learning was fo ne- ceflary, that without it none could be admitted into the monadic order in any of the chief ab- beys ; and the famous Nicolas Breakfpear, after- wards Pope Adrian IV., was rejected by Richard Abbot of St. Alban's, for want of a fufficient {hare of learning a?. In thefe conventual fchools the young monks were carefully indructed in the art of fair and beautiful writing ; and thofe who excelled in that art, were for fome years em- ployed in thejcriptorium, or writing-chamber, in

Hiftoire Literaire de la France, torn. 9. p. 90 132. See Preface to Tanner's Notitia Monaftica. M. Paris, Vit. Abbat. St.AIbani, p. 45. col. a.

10 tranfcrib-

Chap. 4. §ed. 3, LEARNING, &c.

tranfcribing books for the life of the church and library28. There were fuch fchools alfo in nun- neries for the in(lru6tion of the younger nuns ; and in fome of thefe fchools they did not confine themfelves to fuch parts of learning as were ab- folutely neceffary, but ftudied alfo the Greek and Hebrew languages, philofophy, phyfic, and divinity29. In the fchools of all the larger mo- nafleries, belides the neceffary parts of learning, feveral other fciences were taught, as rhetoric, logic, theology, medicine, with the civil and canon law. Thefe two laft branches of learning, law and phyfic, being very lucrative, were fo diligently ftudied and praftifed by the monks, that they were almoft the only pleaders and phy- ficians of thofe times. The abbey fchool of St. Alban's, for example, was a famous feminary of learning in this period, in which all the fciences, particularly theology, law, and phyfic, were taught ; as appears from the verfes of Alexander Neicham, one of the moil learned men of the twelfth century, who was educated, and after- wards prefided in that fchool. They were ad- dreffed to his friend Germunde, Abbot of Glo- cefter, and may be feen below 3°. Many per-

fons

'a M. Paris, Vit. Abbat. St.Albani, p.3a. col.a. 39 Hiftoire Literaire de la France, torn. 9. p. 117— -134. " Quod (i forte foras claudat tibi Claudia, clauftrum Martyris Albani fit tibi tuta quies. Hie locus aetatis noftrse primordia novit, Annos felices, laetitiaeque dies. Hie locus ingenuis pueriles imbuit anaos Artibus, «t noftrse laudis origo fuit.

MI Hie

t66 HISTORY OF BRITAIN. Book III.

fbns of rank and fortune were educated in tbefe conventual fchools, to which they frequently became benefactors. 3l

Schools in Befides all thefe feminaries of learning already towns and mentioned, there were ertabliftied in this period, in all the chief cities and towns of England, a kind of illuftrious fchools, in which the youth were inftru6led not only in reading, writing, and grammar, but alfo in feveral other branches of learning, as rhetoric, logic, &c. We are told by William Fitz-Stephens, who flourifhed in the reign of Henry II., that there were three of thefe illuftrious fchools in London, firmly eftabliflied ; befides feveral others that were occalionally opened by fuch mailers as had obtained a high reputation for their learning 32. " On holidays " (fays he) it is ufual for thefe fchools to hold " public afTemblies in the churches, in which *' the fcholars engage in demonflrative or lo- " gical difputations, fome ufing enthymems, " and others perfect fyllogifms ; fome aiming " at nothing but to gain the victory, and make " an oftentatious difplay of their acutenefs, " while others have the inveftigation of truth *' in view. Artful fophifts, on thefe occafions,

Hie artes didici, docuique fideliter ; inde Acceffit ftudio leclio facra meo. Audivi canones, Hippocratem cum Galieno> Jus civile rnihi difplicuifie neges.

Lfland de Script. Brit. t.i. p. 2,40. 31 Hiftoria Ramfienf. . chap.67. p. 430.

12 W. Stephanid. Defcript. Civitat. l-ondon. edit. Oxon. 1723., a Jof. Sparko, p. 4.

" acquire

Chap.4. Sea.3. LEARNING, &c. 167

" acquire great applaufe ; fome by a prodigious " inundation and flow of words, others by their " fpecious but fallacious arguments. After the " difputations, other fcholars deliver rhetorical " declamations, in which they obferve all the " rules of art, and neglect no topic of perfua- " fion. Even the younger boys in the different " fchools contend againft each other in verfe, " about the principles of grammar, and the ''preterites and fu pines of verbs"." There was, about the fame time, a very famous aca- demy in the town of St. Alban's (befides that in the abbey), under the government of Matthew a phyfician, who had been educated at Salernum, and of his nephew Garinus, who excelled in the knowledge of the civil and canon law. Of this academy Matthew Paris affirms, " That there was " hardly a fchool in allEngland,at that time, more "fruitful or more famous, either for the number " or proficiency of its fcholars 34." This plainly intimates, that there were many fchools of the fame kind in England j which is further evident from the lad canon of the council of Weft- minfter, A.D. 1138., prohibiting the fcholaflics of cathedral churches from taking money for granting licences to the teachers of the fchools in the feveral towns and villages/35

3} W. Stephanid. Defcript. Civitat. London. Edit. Oxon. 1715.1 a Jof. Sparke, p. 4.

3< M. Paris, Vit. Abbat. St.Alban, p.6». col. I. 35 J. Brompt. Cbron. p. 1348.

M 4 That

i68 HISTORY OF BRITAIN". Book lit

jewifh That prodigious numbers of Jews crowded

into England foon after the conquefl, and re- fided in all its principal towns for foine ages, is attefted by all the hiftorians of thofe times. Their numbers and riches were indeed fo great, and the revenues derived from them by govern- ment fo confiderable, that (as we have already feen) a particular exchequer was appointed for their reception 36. Among thefe Jews there were many rabbies, and men of learning, who offi- ciated as priefts in their fynagogues, and pro- feflbrs in their fchools, which they had in Lon- don, York, Lincoln, Linn, Norwich, Oxford, Cambridge, and every other town where any confiderable number of them refided37. For though the fciences had been much neglected by the Jews for five or fix centuries, they were cul- tivated by them in the twelfth with furprifing ardour, and many of their rabbies of that age made a diftinguifhed figure in the world of let- ters39. In their fchools, befides the rites of their religion, they taught the Hebrew and Ara- bic languages, arithmetic, for which they had much ufe in their money-tranfadlions j and me- dicine, by which many of them acquired both riches and reputation 39. Nor were the acade- mies of the Jewifh rabbies fhut againft the Chrif-

34 Madox Hift. Excheq. p. 150 173.

37 M.Paris, p. 5 96. A. Wood, Antiq. Oxon. p. 4. 6. GuLNew- brigenf. 1.4. c. 7. p. 368. c. 10. p«379-

38 Hiftoire Literaire de la France, torn. 9. p. 13 a, &c. Id. ibid.

tian

Chap. 4. Se6t.3> LEARNING, &c.

tian youth, but open to all who chofe to take the benefit of their inflru6lions.

From this brief account of the feminaries of learning eflablimed in Britain in the period we are now examining, it is abundantly evident, that the general ignorance of the laity was owing rather to the tafle and manners of the times, than to the want of opportunities of acquiring at leaft a moderate degree of knowledge. But the truth feems to be, that this ignorance pre- vailed moil amongft thofe in the higheft and thofe in the loweft ranks of life ; which was occafioned by the extreme diffipation of the former, who fpent almoft all their time, when they were not engaged in war, in rural diver- lions or domeftic riots ; and by the no lefs ex- treme deprefiion of the latter, who were doomed to perpetual fervitude and hard labour. For it is well known, that thefe two extremes are equally unfriendly to intellectual purfuits.

THE

HISTORY

OF

BOOK III.

CHAP. V.

Hifiory of the Arts in Great Britain, from the landing of William Duke of Normandy, A.D. 1066., to the death of King John, A.D. 1216.

HPHE arts and fciences are fo nearly con- The arts -A- needed, and have fo great an influence upon ™Prpved

i m thi-

one another, that they commonly flourifh or de- nod. cline together. In the preceding chapter we have feen, that the circle of the fciences was enlarged, and that fome of them were cultivated with greater care and fuccefs in this than they had been in the former period. In this chapter we fhall perceive that a fimilar improvement took place at the fame time, both in the necefiary and pleafing arts, of which we Ihall give a plain and fuccincl; account in two feclions.

HISTORY OF BRITAIN. Book III.

SECTION I.

HiJIory of the neceffary Arts in Britain, from A.D. to A.D* 12164

What are T} Y the neceffary arts, we underftand fuch as ^^ A3 are employed in procuring nourifhment, lodging, clothing, and defence, which are juftly efteemed neceffary to the prefervation and com- fortable enjoyment of human life. Of this kind are, agriculture, architecture, the clothing arts, and thofe of defenfive and offenfive war, together with the various arts that are neceffary to theif operations. It is true, indeed, that architecture and the clothing arts, after they have paffed a certain point of perfection, may be termed orna- mental rather than neceffary. But as it is im- poffible to fix that point ; and as their primary object was to adminifter to our neceffities, there can be no great impropriety in arranging them, in every period of this work, under the divifion of neceffary arts. On the other hand, fome arts, as thofe of catching beads and birds, which, in the infancy of fociety, were of all others the moft neceffary, in a more advanced period become the favourite amufements of the great, and are pro- hibited to the common people. Thefe therefore in this and the fucceeding periods of this work,

are

Chap. 5. SeA. i, THE ARTS. j75

are to be omitted in the hiftory of arts, and in- troduced only in the article of diverfions.

Though pafturage and fifliing were exercifed Pafturage as necefiary arts in this as in every other period, andfiflun£- we know of no important improvement that was made in either of them that merits a place in hi£ tory. Thofe who exercifed them were in ge- neral of fervile condition, and were transferred from one proprietor to another, with the eftates to which they were annexed. l

As agriculture, in its feveral branches, is the Agricul- mod ufeful of all arts, it merits our particular ture' attention in every period. That the conqueft of England by the Normans contributed to the im- provement of this art in Britain, is undeniable. For by that event many thoufands of hufband- men, from the fertile and well-cultivated plains of Flanders, France, and Normandy, fettled in this ifland, obtained eftates or £irms, and em- ployed the fame methods in the cultivation of them that they had ufed in their native countries. Some of the Norman barons were great im- provers of their lands, .and are celebrated in. hiftory for their fkill in agriculture. " Richard " de Rulos, Lord of Brunne and Deeping, (fays " Ingulphus) was much addicted to agriculture, " and delighted in breeding horfes and cattle. " Befides inclofing and draining a great extent <c of country, he imbanked the river Wielland

1 Rymeri Fcedera, torn. I. p. 8. Hift. Ingulphi, Oxon. edit. 1684. torn, i/ P'8;.

" (which

1 74 HISTORY OF BRITAIN. Book III.

" (which ufed every year to overflow the neigh- " bouring fields) in a moft fubftantial manner, " building many houfes and cottages upon the " bank ; which increafed fo much, that in a " little time they formed a large town called " Deeping, from its low lituation. Here he " planted orchards, cultivated commons, con- " verted deep lakes and impafTable quagmires " into fertile fields, rich meadows, and paftures; " and, in a word, rendered the whole country " about it a garden of delights V From the above defcription, it appears, that this noble- man (who was chamberlain to William the Con- queror) was not only fond of agriculture, but alfo that he conducted his improvements with {kill and fuccefs.

The cler- The Norman clergy, and particularly the gymade m0nks, were flill greater improvers than the

improve- ments in nobility; and the lands of the church, efpecially agricul- of jjjg convents, were confpicuous for their fupe- rior cultivation. For the monks of every mo- naftery retained fuch of their lands as lay moft convenient in their own poffeffion, which they cultivated with great care, under their own in- fpection, and frequently with their own hands. It was fo much the cuftom of the monks of this period to affift in the cultivation of their lands, efpecially in feed-time, hay-time, and harveft, that the famous Thomas Becket, after he was Archbilhop of Canterbury, ufed to go out to the

•" Hift. Ingulphi, Oxon. edit. 1684. tom.i. p. 77,78.

fields,

Chap. 5. Sea. i. THE ARTS.

fields, with the monks of the monafteries where he happened to refide, and join with them in reaping their corns and making their hay 3. This is indeed mentioned by the hiftorian as an act; of uncommon condefcenlion in a perfon of his high ftation in the church ; but it is a fuffi- . cient proof that the monks of thole times tiled to work with their own hands, at fome feafons, in the labours of the field. And as many of them were men of genius and invention, they no doubt made various improvements in the art of agriculture. The 2 6th canon of the general council of Lateran, held A. D. 1179., affords a further proof that the protection and encourage- ment of all who were concerned in agriculture, was an object of attention to the church. For by that canon, it is decreed, " That all prefbyters, " clerks, monks, converts, pilgrims, and pea- " fants, when they are engaged in the labours of " husbandry, together with the cattle in their " ploughs, and the feed which they carry into " the field, mail enjoy perfect fecurity ; and that " all who moleft or interrupt them, if they do " not defift when they have been admonifhed, " mall be excommunicated." 4

The implements of husbandry were of the fame impie kind, in this period, with thofe that are em- ployed at prefent ; but fome of them were lefs perfect in their conflruclion. The plough, for example, had but one ftilt or handle, which the

3 Chron. Gervas, col. 1400. 4 Id. col. 1456.

plough-

176 HISTORY OT BRITAIN. Book III,

ploughman guided with one hand, having in his other hand an inftrument which ferved both for cleaning and mending his plough, and breaking the clods5. The Norman plough had two wheels ; and, in the light foil of Normandy, was commonly drawn by one ox, or two oxen ; but in England a greater number, according to the nature of the foil, was often necefiary 6. In "Wales the perfon who conducted the oxen in the plough, walked backwards 7. Their carts, har- rows, fcythes, fickles, and flails, from the figures of them ftill remaining, appear to have been nearly of the fame conflru6lion with thofe that are now ufed s. In Wales they did not ufe a fickle in reaping their corns, but an inftrument like the blade of a knife, with a wooden handle at each end9. Water-mills for grinding corn were very common ; but they had alfo a kind of mills turned by horfes, which were chiefly ufed in their armies, and a.t fieges, or in places where running water was fcarce.10

Opera- Though the various operations of hufbandry,

as manuring' ploughing, fowing, harrowing, reaping, tbrefhing, winnowing, &c. are inci* dentally mentioned by the writers of this period,

5 See Mr. Strutt's compleat View of the Manners, &c. of, Eng- land, vol. a. p. i a.

6 M. Montfau9on Monumens de Monarchic Francoife, tom.i. pkte47- Girald. Cambrenf. Defcript. Cambriae, 0.17.

7 Id. ibid. s Mr. Strutt's View, vol. i. plate a6. plate 3 a, 33.

9 Girald. Cam. ibid.

10 Gaufrid Vinifauf. iter Hierofolymit. l.i. 0.33. M. Paris. Vit, Abbat. p. 94. col. a.

it

Chap. 5. Sed. i. THE ARTS.

it is impoffible to collect from them, a diftincl; account of the manner in which thefe operations were performed. Marl feems ftill to have been the chief manure next to dung, employed by the Anglo-Norman, as it had been by the Anglo- Saxon and Britiih hufbandmen11. Summer- fallowing of lands defigned for wheat, and ploughing them feveral times, appears to have been a common practice of the Engliih farmers of this period. For Giraldus Cambrenh's, in his defcription of Wales, takes notice of it as a great lingularity in the hufoandmen of that country, " that they ploughed their lands only " once a-year in March or April, in order to " fow them with oats ; but did not, like other " farmers, plough them twice in fummer, and " once in winter, in order to prepare them for t( wheat"1." On the border of one of the com- partiments in the famous tapeftry of Baieux, we fee the figure of one man fowing, with a fheet about his neck, containing the feed under his left arm, and fcattering it with his right hand ; and of another man harrowing with one har- row, drawn by one horfe '3. In two plates of Mr. Strutt's very curious and valuable work, quoted in the next page, we perceive the figures of feveral perfons engaged in mowing, reaping, threfhing and winnowing ; in all which opera-

" M. Paris, Hift. p. 181. col.i. In Vit. Abbat. p.ioi.col.i. 11 Giral. Cambrenf. Defcript. Cambrize,c. 8. p. 887. 13 Montfau9on Monumens de Monarchic Frai^oife, torn. i. plate 47.

VOL. vi. N tioris

178 HISTORY OF BRITAIN. Book III.

tions there appears to be little fingular or dif- ferent from modern practice. I4 state of Agriculture feems to have been in a very im-

Agriculture

in Scot- perfect ftate in Scotland towards the end of this land. period. For in a parliament held at Scone, by King Alexander II. A.D. 1214., it was enacted, that fuch farmers as had four oxen or cows, or upwards, mould labour their lands, by tilling them with a plough, and fhould begin to till fifteen days before Candlemas j and that fuch farmers as had not fo many as four oxen, though they could not labour their lands by tilling, mould delve as much with hand and foot as would produce a fufficient quantity of corn to fupport themfelves and their families IS. But this law was probably defigned for the high- lands, and moft uncultivated parts of the king- dom. For in the fame parliament, a very fevere law was made againfl thofe farmers who did not extirpate a pernicious weed called guilde out of their lands, which feems to indicate a more ad- vanced ftate of cultivation. l6

Garden- All the the branches of gardening were much improved in England by the Normans, who com- ing from a country abounding with gardens, orchards, and vineyards, naturally laboured to introduce the fame accommodations in their new fettlements. William of Malmfbury, who flou- riftied in the f o rmerpart of the twelfth century,

1+ Mr. Strutt's compkat View of the Manners, Cuftoms, &c. of England, vol.i. plates n, 12.

15 Regiam Majeftatem, 9.307, " Id. p. 335*

celebrates

Chap. 5. Sea. r. THE ARTS.

celebrates the vale of Glocefter, near to which he fpent his whole life, for its great fertility both in corn and fruit-trees, fome of which the foil produced fpontaneoufly by the way-fides, and others were cultivated, yielding fuch prodi- gious quantities of the fineft fruits as were fuffi- cient to excite the moil indolent to be induflri- ous ll. " This vale (adds he) is planted thicker ". with vineyards than any other province in " England ; and they produce grapes in the " greatefl abundance, and of the fweeteft tafte. " The wine that is made in thefe vineyards hath " no difagreeable tartnefs in the mouth, and is " very little inferior in flavour to the wines of " France "." This is a decifive proof that vine- yards were planted and cultivated in England, in this period, for the purpofe of making wine. Many of thefe vineyards were planted by abbots and bifhops for the benefit of their monks and clergy. Martin, for example, Abbot of St. Edmundfbury, planted a vineyard for the ufe of his abbey, A. D. 1 140. ; and Hugh Bifhop of Lincoln paid a fine to the King of no lefs than five hundred marks, that the crops of corn pro- duced on the eftates, and wine made in the vine- yards, together with the wine-prefles, belonging to that fee in the year in which a bifhop died, mould be the property of the bifliop, though he fhould happen to die before Martinmas ". This

i W.Malmf. de Pontific. AngL 1.4. fol. i6r. l8 Id. ibid.

19 Chron. Saxon. p.24O. Hift. Canob. Burgenf. p.8g. Madox. Hift. Excheq. p. 289.

N 2 fine,

HISTORY OF BRITAIN. Book III

fine, it is true, was paid to Henry III. about fourteen years after the conclufion of this period; but the vineyards had been planted long before, and our kings had been accuftomed to claim the produce of them when a bifliop died before Mar- tinmas.

Famines But notwithftanding all the improvements that were made in agriculture, and that England, was reputed the moft fertile country in Europe, it can- not be denied, that there were fome very fevere famines felt in it in the courfe of this period 20. An attentive examination, however, of the cir- cumftances of thefe famines will ferve ftill fur- ther to convince us, that agriculture was much improved, and a more conftant fupply of the ne- ceflaries of life provided, by the Normans, after they had obtained a firm eilablifliment. For of the five great famines that raged in this period, four happened within a few years after the con- queft, and were partly produced by the dreadful devaftations of war ; and the only deftru&ive fa- mine that fell out in the twelfth century (A. D. 1125.) was occalioned by prodigious rains and floods in harvelt ; againft the fatal effects of which no fkill or induftry of the hufbandmen can guard. 2I

ArcHtec- Architecture, in all its branches, received as

ture. great improvements in this period as agricul*

ture. The truth is, that the twelfth century may

very properly be called the age of architecture,

* Chron. Sason, p. 178. 184. 188. 204. a»9- " Id. ibid.

in

Chep-5- Sea. i. THE ARTS.

in which the rage for building was more violent in England than at any other time. The great and general improvements that were made in the fabrics of houfes and churches in the firft years of this century, are thus defcribed by a con- temporary writer : " The new cathedrals and in- " numerable churches that were built in all parts, " together with the many magnificent cloifters " and monafteries, and other apartments of " monks, that were then eredled, afford a fuffi- " cient proof of the great felicity of England in " the reign of Henry I. The religious of every " order enjoying peace and profperity, dif- " played the moil aftoniming ardour in every " thing that might increafe the fplendour of " divine worfhip. The fervent zeal of the faith- " ful prompted them to pull down houfes and " churches every where, and rebuild them in a ce better manner. By this means the ancient " edifices that had been raifed in the days of " Edgar, Edward, and other Chriflian kings, " were demolifhed, and others of greater magni- " tude and magnificence, and of more elegant " workmanfliip, were erected in their room to « the glory of God." "

As the prodigious power of religious zeal, Arts of the whatever turn it happens to take, when it is clersy- thoroughly heated, is well known, it may not be improper to give one example of the arts em- ployed by the clergy and monks of this period,

beo'fdk ' '*.

* Orderic. Vital. Hift.Eccle£'l.io. p. 788.

N 3 to

182 HISTORY OF BRITAIN. Book III.

to inflame the pious ardour of the kings, nobles, and people, for building and adorning churches. When Joffred, Abbot of Croyland, refolved to rebuild the church of his monaftery in a moft. magnificent manner, A.D. 1106., he obtained from the Archbifhops of Canterbury and York, a bull difpenling with the third part of all pe- nances for fin to thofe who contributed any thing towards the building of that church. This bull was directed not only to the King and people of England, but to the Kings of France and Scot- land, and to all other kings, earls, barons, arch- bifhops, bilhops, abbots, priors, rectors, prefby- ters, and clerks, and to all true believers in Chrift, rich and poor, in all Chriflian kingdoms. To make the bed ufe of this bull, he fenttwo of his moft eloquent monks to proclaim it over all France and Flanders, two other monks into Scotland, two into Denmark and Norway, two into Wales, Cornwall, and Ireland, and others into different parts of England. " By this means " (fays the hiflorian) the wonderful benefits " granted to all the contributors to the building " of this church were publiflied to the very ends " of the earth ; and great heaps of treafure and " maffes of yellow metal flowed in from all *' countries, upon the venerable Abbot Joffred, " and encouraged him to lay the foundations of " his church." Having fpent about four years in collecting mountains of different kinds of marble from quarries both at home and abroad, together with great quantities of lime, iron,

brafs,

Chap. 5. Se<a. i. THE ARTS. 183

brafs, and other materials for building, he fixed a day for the great ceremony of laying the found- ation, which he contrived to make a very effec- tual mean of raifing the fuperftru6lure. For on the long-expected day, the feafl of the holy virgins Felicitas and Perpetua, an immenfe mul- titude of earls, barons, and knights, with their ladies and families, of abbots, priors, monks, nuns, clerks, and perfons of all ranks, arrived at Croyland, to aflifl at this ceremony. The pious Abbot Joffred began by faying certain prayers, and fhedding a flood of tears, on the foundation. Then each of the earls, barons, knights, with their ladies, fons, and daughters, the abbots, clerks, and others, laid a ftone, and upon it depofited a fum of money, a grant of lands, tithes, or patronages, or a promife of ftone, lime, wood, labour, or carriages, for building the church. After this the Abbot en- tertained the whole company, amounting to five thoufand perfons, at dinner 23. To this enter, tainment they were well entitled ; for the money, and grants of different kinds, which they had depofited on the foundation-ftones, were alone fufficient to have raifed a very noble fabric. By fuch arts as thefe the clergy infpired kings, nobles, and people of all ranks, with fo ardent a fpirit for thefe pious works, that in the courfe of this period almoft all the facred edifices in Eng- land were rebuilt, and many hundreds of new

21 P. Blefenf. Continuat. Hift. Ingulph. p. 113— uo.

N 4 ones

184 HISTORY OF BRITAIN. Book III.

ones raifed from the foundation. Nor was this fpirit confined to England, but prevailed as much in Scotland in proportion to its extent and riches, King David I. alone, beiides feveral cathedrals and other churches, built no fewer than thirteen abbeys and priories, fbme of which were very magnificent ftructures. 24

Sacred ar- The facred architecture of the Anglo-Normans c iteaure. -n ^ beginnjng of tm's period, did not differ

much in its flyle and manner from that of the Anglo-Saxons ; their churches being in general plain, low, ftrong, and dark ; the arches both of the doors and windows femicircular ; with few or no ornaments 2S. By degrees, through much practice, our architects, who were all monks or clergymen, improved in their tafte and fkill,and ventured to form plans of more noble, light, and elevated ftructures, with a great variety of ornaments ; which led to that bold magnificent ftyle of building, commonly, though perhaps not very properly, called the latter Gothic. It is not improbable that our monkifli architects were affifted in attaining this ftyle of building by models from foreign countries, or by inftructions from fuch of their own number as had vifited Italy, France, Spain, or the Eafl. But, with- out entering into uncertain difputes about the origin of this ftyle of architecture, it is fufficient

14 Spottifwonde's Religious Houfes.

15 Dr. Ducarel's Anglo-Norman Antiquitiei, p. ioa., &c. Mr. Strutt's Manners, &c. of England, vol. i. p. 104. Benthatn's Hift. Ely. pref. Grofe's Antiquities of England, pref. p. 63. &c.

to

Chap. 5. Sea. i. THE ARTS. 185

to obferve that it began to appear in England in the reign of Henry II. and was diftinguifhed from the more ancient Gothic by the following marks. The walls were much higher though not fo thick and fupported on the outfide by buttrefies; the doors and windows were wider and loftier, and the arches of both were no longer femicircular, but pointed; and were fometimes ornamented with clufters of pillars on each fide, and great variety of carvings the larger windows had mullions of flone for orna- ment ; and for the conveniency of fixing the glafs, the pillars that fupported the roof were lofty and flender, and frequently furrounded with fmall pillars that made them appear like a clufler; the arches of the roof, like thofe of the doors and windows, were pointed; the roof was covered with lead, and the fabric orna- mented on the top at each end with pinnacles, and with a tower over the middle of the crofs ; on which about the end of this period, very lofty fpires of wood and flone began to be erected 26. This mode of architecture, which, with fome variations, flourifhed more than three centuries, produced many ftupendous edifices, which are flill viewed with pleafure and admiration. Many of thefe magnificent ftructures were built with ftones brought from the quarries near Caen in

56 Sir Chrift. Wren's Parentalia, p. 498. Bentham, Hift. Ely* pref. Grofe's Antiquities, pref. p. 70.

10 Normandy,

1 86 HISTORY OF BRITAIN. Book III.

Normandy, which very much enhanced the ex- pence of their erection. 2?

Civil ar- The houfes of the common people in the coun- try, and of the lower burgeffes in towns and cities, were very little improved in their ilruc- ture in the courfe of this period ; that molt numerous and ufeful order of men being much depreffed in the times we are now delineating, Even in the capital city of London, all the houfes of mechanics and common burgefles were built of wood, and covered with flraw or reeds, towards the end of the twelfth century 1S. But the palaces, or rather caftles, of the Anglo- Norman kings, barons, and prelates, were very different from the refidences of perfons of the fame rank in the Anglo-Saxon times. For this we have the teftimony of a perfon of undoubted credit, who was well acquainted with them both. " The Anglo-Saxon nobles (fays William of " Malmfbury) fquandered away their ample " revenues in low and mean houfes ; but the " French and Norman barons are very different " from them, living at lefs expence, but in «' great and magnificent palaces 29." The truth is, that the rage of building fortified caftles was no lefs violent among the Norman princes, prelates, and barons, than that of building churches. To this they were prompted, not only by the cuflom of their native country, but

17 Grofe's Antiquities, pref. p. 7 7.

38 Stow's Survey of London, vol.i. p. 69.

W.Malmf. p. 5 7. col.*.

alfo

Chap. 5. Sed. i. THE ARTS. 187

alfo by their dangerous fituation in this ifland. Surrounded by multitudes, whom they had de- preffed and plundered, and by whom they were abhorred, they could not think themfelves fafe without the protection of deep ditches and ftrong walls. The conqueror himfelf was fen- iible, that the want of fortified places in Eng- land had greatly facilitated his conqueft, and might facilitate his expulfion ; and therefore he made all poflible hafte to remedy this defe<5l, by building very magnificent and ftrong caftles in all the towns within the royal demefnes. " Wil- " liam (Tays Matthew Paris) excelled all his " predecefibrs in building caftles, and greatly " haraffed his fubjects and vaiTals with thefe " works30.*' All his earls, barons, and even prelates, imitated his example ; and it was the firft care of every one who received the grant of an eftate from the crown to build a caftle upon it for his defence and refidence. The difputes about the fucceffion in the following reigns, kept up this fpirit for building great and ftrong caftles. William Rufus was ftill a greater builder than his father. " This William (fays " Henry Knyghton) was much addicted to «* building royal caftles and palaces, as the " caftles of Dover, Windfor, Norwich, Exeter, " the palace of Weftminfter, and many others, " teftify j nor was there any king of England

90 M. Paris, Hift. p. 8. col. 2. Simeon Dunelm. Hift. 001.197, I9^» R. de Diceto Chron. col. 48 a.

" before

HISTORY OF BRITAIN. Book III.

" before him that erected fo many, and fuch " noble edifices 3'." Henry I. was alfo a great builder both of caftles and monafleries 3Z. But this rage for building never prevailed fo much in any period of the Englifti hiflory as in the tur- bulent reign of King Stephen, from A. D. 1135. to A. D. 1 154. " In this reign (as we are told " by the author of the Saxon Chronicle) every c< one who was able, built a caftle ; fo that the " poor people were worn out with the toil of " thefe buildings, and the whole kingdom was " covered with caftles 33." This laft expreffion will hardly appear too ftrong, when we are in- formed, that befides all the caftles before that time in England, no fewer than eleven hundred and fifteen were raifed from the foundation in the ihort fpace of nineteen years. 34

MUitary An art fo much practifed as architecture was arehitec- jn this period, muft have been much improved. That it really was fo, will appear from the fol- lowing very brief defcription of the moft com- mon form and ftructure of a royal caftle, or of that of a great earl, baron, or prelate, in this period ; and as thefe caftles ferved both for refidence and defence, this defcription will ferve for an account both of the domeftic and military architecture of thofe times, which cannot well be feparated,

JI Hen. Knyghton, col. 2373.

3J R.deDiceto Chron. coLjoj.' * Chron. Saxon, p. 33 8.

* ft. deDkcto, col.jag.

The

Chap. 5- Sedt.i. THE ARTS.

The fituation of the caftles of the Anglo- Defcrip- Norman kings and barons was moil commonly tlcnofa

. ' . . J caftle*

on an eminence, and near a river ; a ntuation on feveral accounts eligible. The whole fite of the caftle (which was frequently of great extent and irregular figure) was furrounded by a deep #nd broad ditch, fometimes filled with .water,, and fometimes dry, called thefoffe 3S. Before the great gate was an outwork, called a barbacan, or antemural, which was a ftrong and high wall, with turrets upon it, defigned for the defence of the gate and drawbridge 36. On the infide of the ditch flood the wall of the caflle, about eight or ten feet thick, and between twenty and thirty feet high, with a parapet, and a kind of embra- fures, called crennels, on the top. On this wall at proper diflances fquare towers of two or three flories high were built, which ferved for lodging fome of the principal officers of the proprietor of the caftle and for other purpofes j and on the infide were erected lodgings for the common fervants or retainers, granaries, florehoufes, and other neceffary offices. On the top of this wall, and on the flat roofs of thefe buildings, flood the defenders of the caftle, when it was belieged, and from thence difcharged arrows, darts, and ftones, on the befiegers. The great gate of the caftle flood in the courfe of this wall, and was flrongly fortified with a tower on each fide, and rooms over the paflage, which was clpfed with thick

3* Du Cange Gloff. voc. Foffatum. 36 Id. voc. Barbacana.

folding

I90 HISTORY OF BRITAIN. Book III,

folding doors of oak, often plated with iron, and with an iron portcullis or grate let down from above. Within this outward wall was a large open fpace or court, called in the largefl and moft perfect caftles, the outer bayle or ballium, in which flood commonly a church or chapel. On the infide of this outer bayle was another ditch, wall, gate, and towers, inclofing the inner bayle, or court, within which the chief tower or keep was built. This was a very large fquare fabric, four or five ftories high, having fmall windows in prodigious thick walls, which rendered the apartments within it dark and gloomy. This great tower was the palace of the prince, prelate, or baron, to whom the caftle belonged, and the refidence of the conftable or governor. Under ground were difmal dark vaults, for the confinement of prifoners, which made it fometimes be called the dungeon. In this building alfo was the great hall, in which the owner difplayed his hofpitality, by enter- taining his numerous friends and followers 37. At one end of the great halls of caftles, palaces, and monafteries, there was a place raifed a little above the reft of the floor, called the deis, where the chief table ftood, at which perfons of the highell rank dined 3S. Though there were un- queftionably great variations in the ftructure of

i7 See Mr. Grofe's Preface, p. 5, 6, 7, 8. to his Antiquities of England and Wales, from which I gratefully acknowledge the above defcription is chiefly taken.

3' M. Paris, Vit. Abbat, p. gz. col. i. p. 148, col. z.

1 6 caftles

Chap. 5. Sea. i. THE ARTS.

caftles and palaces in this period, yet the moft perfect and magnificent of them feem to have been conftrudted nearly on the above plan. Such, to give one example, was the famous caftle of Bedford, as appears from the following account of the manner in which it was taken by Henry III., A.D. 1224. 39. The caftle was taken by four affaults. " In the firft was taken the " barbacan ; in the fecond the outer ballia ; at " the third attack, the wall by the old tower " was thrown down by the miners, where, with " great danger, they poflefled themfelves of the " inner ballia, through a chink ; at the fourth " affault, the miners fet fire to the tower, fo " that the fmoke burft out, and the tower itfelf '*• was cloven to that degree, as to Ihew viiibly *fc fome broad chinks; whereupon the enemy " furrendered."

The caftles, monafteries, and greater churches Famous of this period, were generally covered with lead, the windows, glazed j and when the walls were not of afhler, they were neatly plaftered and whitewafhed on both fides 4t. The doors, floors, and roof, were commonly made of oak planks and beams, exactly fmoothed and jointed, and' frequently carved 4i. It is hardly neceflary to obferve, that the building one of thefe great and magnificent caftles, monafteries, or churches, of

39 M. Paris, Hift. Ang. p. zai, saz.

40 Camden's Britannia, vol.i. p. 3 14. col. a.

41 M.Paris, Vit.Abbat. p-4». col.». 4I Id, ibid, p. 79. col. a.

which

I92 HISTORY OF BRITAIN. Book III.

which there were many in England, mull have been a work of prodigious expence and labour; and that the architects and artificers, by whom that work was planned and executed, mufl have attained confiderable dexterity in their refpeelive arts. Several ofthefe architects have obtained a place in hiftory, and are highly celebrated for their fuperior fkill. William of Sens, architect to Archbifhop Lanfranc in building his cathedral, is faid, by Gervafe of Canterbury, to have been a moft exquifite artift both in ftone and wood. He made not only a model of the whole ca- thedral, but of every particular piece offculp- ture and carving, for the direction of the work- men ; and invented many curious machines for loading and unloading fliips, and conveying heavy weights by land, becaufe all the flones were brought from Normandy 43. Matthew Paris fpeaks even in a higher ftrain of Walter of Coventry, who flouriflied towards the end of this period, when he fays, that " fo excellent u an architect had never yet appeared, and pro- " bably never would appear, in the world 4V This encomium was undoubtedly too high ; but it is impoffible to view the remains of many magnificent fabrics, both facred and civil, that were erected in this period, without admiring the genius of the architects by whom they were

43 Gervas de Combuftione et Reparatione Dorobernenf. Ecclef. €01.1290, 1291.

** M. Paris, Vit. Abbat. p. 79. col. a,

planned,

Chap. 5. Sed. i. THE ARTS. 193

planned, and the dexterity of the workmen by whom they were executed.

Though the arts of refining and working me- Metallic tals, which are fo ufeful in themfelves, and fo arts* necefiary to the practice of the other arts, were very far from being in an imperfect (late among the Anglo-Saxons, they certainly received fome improvements in the prefent period 4S. The art of making defenfive armour, in particular, was brought to (uch perfection, that a knight com- pletely armed was almoft invulnerable 46. A fuit of this armour confided of many different pieces, for the fevcral parts of the body, nicely jointed, to make them fit eafy, and allow freedom of mo- tion and exertion of ftrength ; the whole was well tempered, finely poliftied, and often beau- tifully gilt, which are fufficient evidences of the dexterity of the artifts 47. But thofe who wrought in the more precious metals of gold and filver, had attained to ftill greater perfection in their art. This appears from the direct teftimony of contemporary writers, and from the defcriptions of fome of the works of theie artifts. When Robert, Abbot of St. Alban's, fent a prefent of two candlefticks made of gold and filver, with wonderful art, to his country-man Pope Adrian IV., A. D. 1 158., they were greatly admired and praifed by that pontiff and his courtiers, who acknowledged they had never beheld any pieces

« See vol. 4. chap. 5. p. 127. & Orderic. ViuLp.Sj*.

47 Martin. Anecdot. torn. i. col. 1306.

VOL. VI. O Of

194 HISTORY OF BRITAIN. Book lit.

of \vorkmanfhip of that kind fo exquifitely beau- tiful 4S. ' A goldfmith* named Baldwine, who flourifhed in the reign of Henry II., was very famous, and made many admirable pieces of plate for the ufe of churches. " Simon, Abbot " of St. Alban's, (fays Matthew Paris,) dedi- '* cated to God, and the church of the holy " martyr Alban, for the perpetual prefervation " of his own memory, a very large cup of gold, " than which there was not one more noble or " beautiful in all England. It was made of the " purefl gold, by that renowned goldfmith, " Matter Baldwine, adorned with flowers and " foliages of the mofl delicate workmanfliip, 6< and fet around with precious Hones in the " mod elegant manner. Befides this, he gave " to that church a veffel for keeping the eu- " charifl, which was fufpended over the high " altar, and excited univerfal admiration. It *' was made by the hand of the fame Baldwine; " and though it was of the finefl gold, and en- " riched with precious ftories of ineflimable va- " lue, the workmanfliip was more excellent than " the materials 4V Thefe artifls alfo excelled in carting figures of all kinds, in brafs, filver, and gold, for ornamenting cabinets, flirines, al- tars, and the like. There was in the fame abbey of St. Alban's a flirine adorned with the whole hiftory of our Saviour's paflion, in fuch cafl figures s°. The exceffive riches of the church in

-" M. Paris, Vit. Abbat. p. 47. col. I.

*'J Id. ibid. p.6o. col. z. w Id. ibid. p.6i. col. I.

this

Chap, 5. Sea. i. THE ARTS.

this period, and the ambition of many prelates and abbots, to difplay their piety and gratify their pride, by adorning their cathedrals and abbeys, contributed very much to the improve- ment of this, and of feveral other arts, by af- fording the higheft encouragement to the artifts. The truth is, that many of the mofl curious ar- tifts of this period were ecclefiaftics, and fome of them even prelates ; and that in fome churches there were certain prebends appropriated to thofe of their clergy who excelled a$ architects, workers in (lone, wood, or metals, and fuch arts as were neceffary in building and adorning monafteries and cathedrals. SI

The arts of dreffing and fpinning wool and flax-, clothing weaving both linen and woollen cloth, and fe- arts* veral other clothing arts, were well known to the Anglo-Saxons, and practifed by them with no little fuccefs, before the conqueft sz. There is, however, fufficient evidence that all thefe arts were improved after that event, in the courfe of our prefent period. This was partly owing to the great multitude of manufacturers of cloth, who came from Flanders, and fettled in Eng- land, in thofe times. The people of that coun- try were then fo famous for their fkill in the woollen manufactory, that one of our ancient hiftorians favs, " the art of weaving feemed to

V * \J

" be a peculiar gift beftowed upon them by

51 Hiftoire Liteiaire de la France, torn. 7. p. 141, 141; torn. 9. p. 221, &c. . 5J See vol.4, chap. 5. p.132 137-

02 " nature."

I96 HISTORY OF BRITAIN. Book III.

" nature "." By this they were fo much en- riched, that fome of their manufacturers and merchants rivalled princes in wealth and luxury. Befides the great number of Flemings who came over in the army of the Conqueror, there were feveral confiderable emigrations of them from their own country into England, particularly in the reigns of Henry I.- and King Stephen s\ After their fettlement in this ifland, which abounded in the beft materials for their manu- factories, they purfued their former occupation •with great advantage to themfelves and to the kingdom. Giraldus Cambreniis, in his Itinerary of Wales, obferves, that " the inhabitants of " the diftrict of Rofs in Pembrokefhire, who " derived their origin from Flanders, were " much addicted to, and greatly excelled, in " the woollen manufactory." "

Weavers' For the improvement of the clothing-arts the gUd». weavers in all the great" towns of England were formed into gilds or corporations, and had va- rious privileges beftowed upon them by royal charters, for which they paid certain fines into the exchequer. The weavers of Oxford paid a mark of gold for their gild, in the fifth of King Stephen ; thofe of London paid fixteen pounds for theirs in the fifteenth, and thofe of Lincoln fined two chafeures or hounds for theirs in the

53 Gervas Chron. col. 1349.

54 J. Brompt. Chron. icoj. Gervas, col. 1349.

" -Girald. Cambrenf. Itinerariura Walliae, Li. ch. n. p. 848.

twelfth

Chap. 5. Se&. i. THE ARTS. 197

twelfth of the fame reign s6. In the twelfth of Henry II. the weavers of Winchefter paid one mark of gold as a grefome, and two marks as their annual rate, for enjoying the rights of their gild, and the privilege of chufing their own aldermen ; and in the fame year, the fullers of the fame city, who formed another corporation, paid fix pounds for their gild. 57

ln«the reign of Richard I. the woollen manu- Law«re- faftory became the fubje& of legiflation ; and a law was made, A.D. 1197., for regulating the fabrication and fale of cloth. By that law, " it " was enacted, That all woollen cloths ihall " every where be made of the fame breadth, " viz. two ells within the lifts j and of the fame " goodnefs in the middle as at the fides. " That the ell mail be of the fame length over ** all the kingdom, and that it (hall be made of " iron. That no merchant in any part of the ** kingdom of England mall ilretch before his " fhop or booth, a red, or black cloth, or any " other thing, by which the fight of buyers " is frequently deceived in the choice of good " cloth. That no cloth of any other colour " than black fhall be fold in any part of the " kingdom, except in cities and capital burghs ; " and that in all cities and burghs, four or fix " men, according to the fize of the place, Ihall " be appointed to enforce the obfervation of " thefe regulations, by feizing the perfons and

ifi Madox Hift. Excheq. ch.i3. fedl. 3. p.^aj. S7 Id. ibid.

03 " goods

HISTORY OF BRITAIN, Book IK-

" goods of all who tranfgrefs them s\" This re- markable law demonftrates, that the manufactory of broad cloth was not only eftablifhed in Eng- land in this period, but that it had arrived at confiderable maturity, and had become an objecl; of national attention. There is evidence Itill remaining that this law was for fome time very ftrictly executed ; but that in the reign of King John, when every thing became venal, the mer- chants and manufacturers purchafed licences to make their cloth either broad or narrow as they pleafed, which brought confiderable fums into the royal exchequer. "

Tapeftry. That tapeflry hangings, with hiflorical figures woven in them, were ufed in England in this period, we have the clearefl evidence. Richard, vrho was Abbot of St. Alban's from A. D. 1088. to A. D. 1119., made a prefent to his monaftery of a fuit of hangings, which contained the whole hiftory of St. Alban60. But whether thefe hang- ings had been made in England or not is uncer- tain, although it is not improbable that this cu- rious art might be introduced by fome of the many manufacturers from the Netherlands, who fettled in Britain in this period.

Silks. Silks of various kinds are frequently mentioned

both in the records and by the hiftorians of this period, and even feem not to have been very

5* Hoveden. Annal. p. 440. col. 2. M. Paris Hift. Ang. p. 134. s* Hoveden. Annal. p. 467. col. 2. M. Paris, Vit. Abbat. p-3j. col. i.

uncommon.

Chap. 5. Sea, i. THE ARTS.

uncommon. For we often meet with accounts of filk veftments, cops, altar-cloths, hangings, &c. in great quantities, purchafed by prelates, for the ufe of themfelves, their clergy, and their churches61. Nor was the ufe of filks confined to the church and clergy. They were worn alfo by kings, queens, princes, and other perfons of high rank, efpecially on folemn occafions6*. But it is much more probable, that thefe filks were imported from Spain, Sicily, Majorca, Ivica, and other countries, than that they were manufactured in Britain. The filk manufactory feems to have flouriflied greatly, at this time, in the two laft-mentioned iflands, as each of them paid an annual tribute of two hundred pieces of filk to the King of Arragon *3. Roger King of Sicily having taken the cities of Corinth, Thebes, and Athens, A. 0.1148., got into his hands a great number of filk weavers, brought them, with the implements and materials for the exer- cife of their art, and fettled them at Palermo in Sicily64. A writer who vifited this manufactory, A.D. 1169., reprefents it to have been then in a mod flourifhing condition, producing great quantities of filks, both plain and figured, of many different colours. " There (adds he) you " might have feen other workmen making filks

61 Anglia Sacra, tom.a. p. 416. 421. W. Malmf. p.n8. Hiftoria Coenobii Burgenf. a Jofepho Sparke edit. London 1723. p.ioo, &c»

62 Madox Hift. Excheq. chap.io. fedl.ia. 6i R. Hoveden. Annal. p-sSy. col. a.

64 Otto Frifingenf. .Hift. Imp. Frederic. Lif .€.33, .

04 «« inter-

200 HISTORY OF BRITAIN. Book III-

" interwoven with gold, and adorned with " figures, compofed of many fparkling gems 6s." It will afterwards appear, that thofe elegant arts were not long confined to Sicily.

Embroid- We have already feen that the Anglo-Saxon ery* ladies before the conqueft, excelled in the art of embroidery66. This art was rather improved than injured by that event, and the Englifli ladies ftill maintained their fuperiority in this refpect. When Robert Abbot of St.Alban's vifited his countryman Pope Adrian IV., he made him feveral valuable prefents, and, amongft other things, three mitres, and a pair of fandals, of moft admirable workmanlhip. His Holinefs re- fufed his other prefents, but thankfully accepted of the mitres and fandals, being charmed with their exquifite beauty. Thefe admired pieces of embroidery were the work of Chriftina Abbefs of Markgate67. Another pope, not long after, ad- mired the embroidered veilments of fome Eng- lifli clergymen, afked where they had been made; arid being anfwered in England, he cried out, i " O England! thou garden of delights, thou " inexhauflible fountain of riches, from thee I " never can exact too much ;" and immediately difpatched his bulls to feveral Engliih abbots, commanding them to procure him fome ofthefe embroidered cloths and filks for his own drefs es»

<• v

*5 Falcaldus Hiftoria Sicula, Praefat.

96 See vol. 4. ch. 5. p.J33. ^ M. Paris, Vit. Abbat. p. 46.

** Spelnaan. Gloff. voc. Aurifrifia. M.Paris Hift. p.473-

rom

Chap. 5. Sea. i. THE ARTS, 2OI

From the defcriptions of thefe facerdotal veft- ments in our ancient writers, they feem to have merited the admiration which they excited. Some of them (as we are informed by contem- . porary writers) were almoft quite covered with gold and precious ftones, and others adorned with the mod beautiful figures of men, beads, birds, trees, and flowers 69. It may not however be improper to fugged, that if thefe and other works, which appeared fo exquifitely beautiful to the writers of this period, were now extant, it is probable that they would not excite fo much admiration in the prefent age, when the arts are fo much improved.

No art was more neceflary, more cultivated, Art of war. or more improved, in Britain, in this period, than that of war. " The Normans (fays Wil- " liam of Malmlbury) are a people who delight " in war, and are unhappy when they are not " engaged in fome military operation. They " excel in all the arts of attacking their enemies " when their forces are fufficient ; and, when " thefe are defective, they are no lefs expert iii " military ftratagems, and the arts of corruption " by money."

The armies of Britain, and of all the nations Their of Europe, in the feudal times, confided chiefly armies- of cavalry, compofed of earls, barons, knights, and others, who held their lands by knights' ier-

^ M. Paris, Vit. Abbat. p.4Q. col. i. Hiftoria Coenobii Burgenf. p.ioo, loi. ° W.Malmf. 1.3. p.j;. col. a.

ii t vice,

202 HISTORY OF BRITAIN. Book III.

vice, or of their fubftitutes. All thefe were obliged, by their tenures, to take the field when called upon by their fovereign, together with a certain number of knights, well mounted and properly armed, and to ferve a certain number of days at their own expence, their lands being confidered as their pay. As it often happened, that many who held lands by knights* fervice, were fuperannuated, or infirm, or otherwife in- capable of performing that fervice in perfon, they were permitted, or rather obliged, to per- form it by proper fubftitutes. The clergy alfo, who poffefled a great proportion of lands, for which they could not in perfon perform the mi- litary fervices, becaufe they were prohibited by the canons, were fubjecled to the fame neceflity of performing thefe fervices by fubftitutes, that the national defence might be complete. As many of the wars of the kings of England, in this period, were carried on in Normandy and France, the perfonal performance of their mi- litary fervices became very inconvenient and expenfive to the poil'efiTors of lands in England ; which induced many of them to redeem thefe fervices, by paying the tax catted Jcutage. With the money arifing from this tax, the kings en- gaged ibldiers of fortune to perform the fervices. The cavalry therefore of the Britilli armies, in this period, conh'fted of fuch earls, barons, and knights, as were able and willing to perform the •military fervices for their lands in perfon, and of the fubftitutes of the clergy and others, either t8 provided

Chap. 5. Sed. i. THE ARTS. 203

provided by tliemfelves, or hired by the king. If all tliefe, belonging to England, had been col- lected together, they would have formed a body of fixty thoufand horferaen, as there were fixty thoufand knights' fees in that kingdom,71

The defenfive armour of the Britifli cavalry Defenfive have been already defcribed, except their fhields, armour- which they carried on their left arms, and with which they warded off the blows of their ene- mies 71. Thefe fhields were of an oval form, confiderably broader at the top than at the bot- tom. Even the horfes of fome of the princes, earls, barons, and chief knights, were covered with armour of fteel or iron ". The offenfive arms of the cavalry were, i. long fpears, or lances, made of fome light flrong wood, as fir or afh, and pointed with fleel, very fharp, and well tempered ; 2. long and broad fwords, double-edged, and fharp-pointed ; 3. a fhort dirk or dagger. 74

The infantry of the Britifh armies of this infantry. period confided of the freemen of the feveral Britifh flates, who did not hold lands of the fove- reign by knights' fervice, but were pofTefled of property to a certain extent, for which they were obliged to contribute to the public defence. By the famous affize of arms made by Henry II.j A.D. 1 1 8 1., every freeman who was poffefled of fixteen marks, either in lands or goods, was ob-

71 Ordcric. Vital, p. 5*3. 7* Seep. 193.

" Hoveden. Annal. p.44. col. 2. 74 Hoveden. p. 350. col.t.

liged

204 HISTORY OF BRITAIN. Book Hf.

liged to provide the armour and weapons of a man at arms ; and every freeman and burgefs who pofleffed ten marks was obliged to pro- vide the armour and arms of an ordinary foot- foldier75. The defenfive armour of a man at arms was a coat of mail, a helmet, and a Ihield ; and his ofFenfive weapons, a fpear and a fword. The defenlive armour of an ordinary foot-foldier was a wambois, or jacket twilted with cotton, and an iron fcull-cap; his offeniive arms, a fpear, or a bow and arrows, or a fling, with a fword. Thefe arms, by the fame affize, were neither to be fold, nor pledged, nor feized for debt, nor any way alienated, but tranfmitted by every man to his heir ; and if any one who poflefled them was not capable of ufing them, he was obliged to provide one who was capable, when he was called into the field 76. By thefe wife regulations every man who had any valu- able flake in the flate was obliged to contribute to the public fafety, and was conftantly provided with the means of doing it.

Mercenary Befides thefe national forces, there were, in this period, feveral bands of mercenary foldiers of fortune, who made a trade of war, and were occafionally taken into the pay of the kings of England. Thefe were called by various names, as, Ruptarii, Bragmanni, Coterelli, and mod com- monly Brabanzons, becaufe many of them were

75 Hoveden p«35O. col. i. l6 Id. ibid.

natives

Chap. 5. 8ed. i. THE ARTS. .

natives of Brabant 77. They are painted by the hiftorians of thofe times in the moft odious co- lours, as a collection of defperate lawlefs ruf* flans, who lived by plunder, when they were not employed in war73. Stephen feems to have been the firft Englifti king who took thefe mifcreants into his pay j and his example was imitated by his three fuccefibrs, Henry II., Richard I., and John 79. But it was only in times of great con- fufion, when many of their own fubjefts had revolted, that our princes had recourfe to fuch deftru6live auxiliaries. Thefe troops of ban- ditti, rather than of foldiers, became at length fo terrible, efpecially to the clergy, that they were folemnly excommunicated by the third ge- neral council of Lateran, A.D. 1179., and a croifade was fet on foot for their extermination80. One Durand, a common carpenter, pretending to have received a comraiffion from the Virgin Mary in a vifion, A.D. 1182., put himfelf at the head of this croifade, and formed a military fociety for the deflru&ion of the Brabanzons 5 which, after a long and bloody ftruggle, was ac- complifhed. 8t

The fovereign of every feudal ftate was, by Military the conftitution, generaliflimo or commander in office«-

77 Du Gauge Gloff. voc. Ruptarii, Coterelli, Brabantes. Anglia Sacra, torn. a. 9.391. 78 Gervafii Chron. col. 1461.

79 J.Hagulftad, col.aSz. W. Neubrigen. 1.3. c.a?. Anglia Sa- cra) tom. a. p. 391. M. Paris> Vita Abbat. p. 77. col. a.

Benedict Abbas, torn. i. p. 3 19. ad ann. 1179.

91 Gerva« Chroh. col. 1461.

chief

206 HISTORY OF BRITAIN. Book III.

chief of its forces ; and all the Britifli princes of this period performed that office in perfon, ap- pearing conftantly at the head of their armies. This was not altogether owing to the martial character of thefe princes, but was abfolutely neceffary to preferve fome degree of difcipline in armies compofed of haughty independent barons and their followers. The conflable, who was the higheil military officer, commanded under the king, and, with the affiftance of the marflial and his officers, fuperintended the mutters, regu- lated the quarters, marches, and incampments ; determined all difputes, and appointed the pu- nimment of delinquents, according to martial law Sl. Every earl commanded the troops of his county, and every baron thofe of his barony. AU thefe offices or commands were hereditary ; which, as John of Salisbury obferves, was a de- feel; in the military fytteia of the middle ages, becaufe by this means many perfons were in- verted with offices of great importance, for which they were naturally unqualified. " In our time " (fays he) military (kill and difcipline have " much declined, and are almoft quite de- " ftroyed ; becaufe many poilefs the higheft of- " fices, without having patted through the fub- *c altern degrees ; who are proud indeed of 44 their commands and titles, but defpife the " moil neceffary qualifications. Young men

Sl Pafquier Recherches, p. 104. Speknan Gloflf. voc. Conjtabula- rius, Marif callus.

<c who

Chap. 5. Sed. i. THE ARTS. 207

" who are gamefters, hunters, hawkers, and " even natural fools, who have never handled " arms, or acquired any knowledge of the arts " of war, take upon them to a6l the part of " generals." S3

The royal ftandard was confidered as the cem Standardr. tre of the whole army. In the day of battle it was carried by fome great baron, who was flandard- bearer of the kingdom, whofe office was very honourable, and commonly hereditary. Henry de Effex was ftandard-bearer of England in the reign of Henry II., but in a battle againfl the Welfh, A. D. ii 57., he was feized with a panic, and threw down the royal ftandard ; on which the whole army concluded that the King was killed. Being tried for this crime, and con- victed, he was condemned to lofe his office, his *r> fortune, and his life ; which laft was fpared by the clemency of the King S4. Every earl and baron had his particular ftandard painted wijth the armorial enfigns of his family j and even bifhops and abbots had alfo ftandards, with dif- ferent devices, that accompanied their troops when they took the field85. Thefe ftandards ferved not only to diftinguifli one body of troops from another, and to be a centre of union to each, but they alfo contributed to animate the foldiers to fight with courage for their preferva-

8J J. Sarifburienfis de Nugis Curialium, 1.6. c. 16. p. 366. 84 J. Brornpt. Chron. col. 1048. Gervas Chron. col. 1380. ;i Simeon Dunelm. Ilift. col. 262.

tion ;

HISTORY OF BRITAIN. Book III.

tion; becaufe to lofe their ftandard, was efteemed the greateft difgrace. The ftiapes and devices of thefe ftandards may be feen in the works quoted below. S6

Martial The feveral corps in the army had bands of martial mufic, which ferved to cheer them in their marches, to roufe and inflame their courage in battle, and to drown the cries and groans of the wounded. Thefe martial muficians made ufe of various inllruments, as horns, trumpets, drums, flutes, fifes, and heroins ; the lad of which are now unknown 8?. The charge to battle was given by the found of all the inllruments of martial mufic in both armies, commonly accom- panied with the fliouts or martial ibngs of the combatants. 8S

Order of It is not to be imagined that any particular rule was fixed for the arrangement of the troops in the order of battle. This muft at all times be liable to great variations, arifing from the nature of the ground, the quality of the troops, the genius of the commanders, the difpofitions of the enemy, and other circumftances. In general, however, the Normans feem to have drawn up their different kinds of troops in different lines, rather than to have formed them into one folid

815 Mr. $trutt'« regal and ecclefiaftlcal Antiquities of England, plate 3. His complete View of the Manners, &c. of England, vol. i. plates 38. 46, 47-

*' Vifcefeuf. Iter Richard! Regis, l.j. c.a.

*8 W. Pidavien. p. aoi. Orderic. Vital. p.50l. Hen. Knyghton,

compact

-Chap. 5. SeA. i. THE ARTS. 209

compact body, which was the mofl common method of the Anglo-Saxons. In the famous battle of Haftings, the different practice of the two nations was mod confpicuous. King Ha- rold formed his whole army into one folid body, which made a kind of caftle, impenetrable on all fides, of which the royal flandard was the centre 89. The Duke of Normandy, on the con- trary, drew up his army in three lines, according to the cuftom of his country. " In the firfl " line (to ufe the words of a contemporary hif- " torian, who was a witnefs of what he relates) " he placed the foot, who were armed with bows " and arrows, or with flings ; in the fecond line " he placed the heavy armed foot, who were ** defended with coats of mail ; and in the third ** line he -placed his cavalry, in which his chief " flrength confifted, and among whom he was in " perfon 90." Agreeable to this difpofition of the Norman army, the battle was begun by the firft line, with a fhower of arrows and flones from their bows and flings ; which did confiderable execution, but could not break the folid phalanx of their enemies, who repulfed them by throwing darts, javelins, and flones. The fecond line then advanced to the attack ; and was in the fame manner repulfed. At lad the cavalry advanced in a deep and heavy body, and with their lances and fwords made a moll furious afiault upon the

"o R. de Diceto, col. 480. J. Brompt. <#1. 960. 90 W. Pi&avien. p. 201.

VOL. vi. P Englifh;

210 HISTORY OF BRITAIN. Book III.

Englifh ; who ftill flood firm like a wall com- pofed of fliields and fpears ; and if they had not been tempted, by the pretended flight of their enemies, to depart from their original difpofition, they would have been invincible 9I. But though the above feems to have been the moil common method ufed by the Normans in the arrangement of their troops ; yet fo many deviations from it occur in the defer iptions of the battles fought in Britain and Normandy in this period, that they cannot be enumerated. In the famous battle of the Standard, for example, they adopted the Anglo-Saxon method, and formed their forces into one compact body, with the ftandard in the centre91. In the great battle (to give only one example more) that was fought between Henry I. and the King of France at Brenneville in Nor- mandy, A. D. 1119., a different difpofition was made by Henry, who formed the firft and fecond lines of cavalry, and the third of infantry.93 Artillery. Befides their lances, fpears, darts, crofs bows, arrows, flings, which may be called the fmall arms of the middle ages, they had a kind of field-artillery which they ufed in battle. This artillery confifted of certain machines made of wood, which, by various contrivances, and combinations of the mechanic powers, threw darts and ftones with great force to a great dif-

91 W. Pidayien, p.aoi.

91 R. Hagulftad de Bello Standard!, col. 322.

03 J. Brompt. Chron. col. 1007.

12 tancc.

Chap. 5. Sed. i. THE ARTS. 211

tance. Such machines were ufed with fuccefs in the famous battle of Haftings, and in feveral other battles °4. The darts that were fliot from thefe machines, as well as from the crofs bows, were called quarrels; and were pointed with heavy pieces of fteel, fhaped like pyramids, and very fliarp, which made them very defiructive9*. This kind of artillery was more frequently ufed in fea-fights, than in battles on more ; and in thefe fights they difcharged not only Hones and dartSj but alfo pots full of Greek-fire, quick-lime, and other combuftible materials. ^

As fea-fights have been mentioned, it may not Sea-fights. be improper to give the following defcription of one that was fought in this period, between the Chriftian and Turkifh fleets, before Ptolemais, tranflated from an author who was an eye-witnefs of what he defcribes : " Modern {hips of war " (fays Geoffrey de Vinefauf) are either galleys " or galliots. Galleys are long, low, and nar- " row, with a beam extended from the prow, " which is commonly called thejpur, with which " they pierce the mips of the enemy. Galliots " have only one bank of oars, are much fhorter, " more eafily wrought, and fitter for throwing " fire. When both parties prepared for battle, " our men drew up their mips, not in a ftraight " line, but bending a little like a crefcent,

54 W. Pi<ftavien, p. 201. 95 Du Cange GloiE voc. Quadrillus. )S G. Vinefauf. Jter. Richard! Regis, L j. 0.34. Hoveden. Annal. col. 394.

p 2 " placing

212 HISTORY OF BRITAIN. Book III.

" placing the flrongefl Ihips on the points, that " if the enemy attempted to break our line, " they might be furrounded. The fea was per- " fedlly calm and fmooth, as if it had been pre- " pared for the occafion, that neither the rowers, " nor combatants, might mifs their flrokes. " The lignal of battle was given by the found " of the trumpets on both lides, followed by " dreadful Ihouts and fhowers of darts. Our " men imploring the divine affiftance, plyed " their oars, and puihed the fpurs of their gal- " leys againfl the (hips of their enemies. Now " the battle raged. Oars are entangled with " oars, grappling-irons fix one Ihip to another, " the combatants engage hand to hand, " and the boards are fet on fire by a flaming " oil, which is commonly called Greek-fire. This " fire hath a moft fetid fmell, with livid flames, " and confumes even flints and iron : water " makes no impreifion upon it ; a fprinkling of " fand abates it ; but it can only be extinguished " by vinegar. O how terrible, how cruel, is a fea- " engagement ! Some are tortured by fire, " fome abforbed by the waves, and others ex- " pire with wounds. One of our galleys was fet " on fire and boarded by the Turks. The rowers " plunged into the fea, to fave their lives by " fwimming; but a few knights, who were heavy- " armed, fought in defpair, flew all the Turks, " and brought their galley half-burnt to land. «* In another of our galleys, the Turks feized " the upper bank of oars, while the Chriftians

" kept

Chap.5- Sea.i. THE ARTS. 213

" kept pofTeffion of the lower, and by their ({ pulling different ways, it was tofied in a " miferable manner. In this engagement the " Turks loft one galley and one galliot, with " their crews, while we came off triumphant and " victorious."97

The Greek-fire, mentioned in the above de- Greek- Icription, feems to have been one of the mod terrible inflruments of deftrudlion employed in military operations, before the invention of gun- powder. It was called Greek-Jire, becaufe it was invented by the Greeks of the Eaftern empire, who, for feverat centuries, kept the compoiition of it a profound fecret. In that period, the emperors of Conftantinople ufed to fend quan- tities of this fire to princes in friendfhip with them, as the mofl valuable prefent they could give them, and as the greatefl mark of their favour98. But the compofition of this liquid fire, as it is fometimes called, feems to have been no longer a fecret in the twelfth century, as it was then ufed in very great quantities, not only by the Chriftians of all nations in the Holy Land, but alfo by the Turks ". It is faid to have been a compofition of fulphur, bitumen, and naphtha I0°. It had a very ftrong and dif- agreeable fmell, as we may eafily fuppofe from

* Vinefauf. Iter Richardi Regis, I.r. c. 34. »* Luethprand, l.j. 0.4. Delmar. 1.3. p. 33. N. Trivet. Chron. ad ann. 1191. *°* Du Cange Not, ap Joinvil. p. 71.

p 3 its

2i4 HISTORY OF BRITAIN. Book III.

its ingredients ; burnt with a livid flame, and fo inteni'e a heat, that it confumed not only all loft combuflible fubftances, but even Hones and metals'01. When it fell in any confiderable quantity, upon a warrior, it penetrated his armour, and peeled his flefti from his bones with exquifite pain, which made it an object of great terror10*. This liquid fire was kept in phials and pots, and in thefe was difcharged from machines on" the enemy IS3. One of its moil fingular properties was, that it burnt in water, which did not in the lead abate its violence ; but it yielded to feveral other things, particularly to fand, urine, and vinegar, according to the monkifti verfes quoted below l04. For this reafon, when an army made an aflault, in which they expected to be oppofed by Greek-fire, they provided themfelves with thefe things for its ex- tinction. " Greek-fire (fays Geoffrey de Vine- " fauf, in defcribing an aflault) was difcharged " upon them from the walls of the caftle and (e city, like lightning, and ftruck them with " great terror; but they endeavoured to pre- " ferve themfelves from it, by fand, vinegar, and " other extinguifliers." IOS

'•' Vmefauf. l.i. c.a4- '" Id. 1. 2. c.i4.

1-3 Du Cange, voc. Ignis Gr&cus.

164 Pereat, O Utinam, ignis hujus vena ;

Non enim extinguitur aqua, fed arena;

Vixque vinum acidum arftat ejus frjena,

Et urina ftringitur ejus vix habena. I<1S G. Vinefauf. Hiftoria Captionis Damutse, ch. 9.

As

Chap. 5. Sea. i. THE ARTS. 215

As Britain abounded, in this period, in fortified Attack towns and caftles, much of the art of war con- ^ct^f filled in defending and affaulting places of ftrong ftrength. The manner in which thefe fortifica- placc8' tions were conftrufted hath been already de- fcribed106. They were defended by difcharges of the various kinds of fmall arms and artillery then in ufe, from the ramparts, and by counter- acting all the arts and efforts of the befiegers. It would be a very tedious work to enumerate all the arts and all the machines that were employed in this period in aflaulting and defending places. For as the combinations of the mechanic powers in forming engines for burfting open gates, undermining, fcaling, and battering walls, throwing ttones, darts, and fire, and for oppo£ ing all thefe efforts, are almofl innumerable, great fcope was given to the genius and invention both of the befiegers and befieged. The con- fequence of this was, that there were few lieges of^ great importance in which fome new machine was not invented. Of thefe machines above twenty different kinds are mentioned by the writers of this period 107. But a plain defcription of a liege, given by a contemporary writer, will probably be more fatisfaetory to the reader, and give him a clearer idea of the means employed in attacking and defending places, than the molt

'•* See p. 1 89.

I0* For the names and figures of fome of thefe machines, fee the Preface to Mr. Grofe'i Antiquities of England, Camden's Re- mains, p. 200.

p 4 laborious

2l6 HISTORY OF BRITAIN. Book III.

laborious inveftigation of the cotiflru6bions and ufes of all thefe machines. For this purpofe I have chofen the relation given by an eye-witnefs of the liege of the caftle of Exeter by King Stephen, A.D. 1 136 : " The caftle of Exeter is " built on a lofty mount, furrounded with im- " penetrable walls, ftrengthened with Caefarean " towers. In this caftle Baldwin de Redvers *'• placed a garrifon compofed of valiant youths, " the flower of all England, to defend it againfl " the King, to which he bound them by a folemn " oath, and by putting under their protection " his wife and children. When the King in- " vefted the caftle, they mounted the walls in " mining armour, and treated him and his army " with fcorn and defiance. Sometimes they " fallied out from fecret paffages, when leaft " expected, and put many of the befiegers to «e the fword; fometimes they poured down " fliowers of arrows, darts, and other weapons " on the afTailants. On the other hand, the " King and his barons laboured with the «e greateft ardour to diftrefs the garrifon. Hav- ing formed a very ftrong and well-armed body " of foot, he afTaulted the barbican, and, after a " fierce and bloody ftruggle, carried it. He " next beat down, with his engines, the bridge " of communication between the caftle and the " town : after which he erected lofty towers of " wood, with wonderful art, to protect his men, " and enable them to return the difcharges from " the walls. In a word, he gave the befieged

" no

Chap. 5. Sed. i. THE ARTS.

" no reft, either day or night. Sometimes his " men mounted on a machine fupported by four " wheels, approached the walls, and engaged *' hand to hand. Sometimes he drew up all the " flingers of the army, and threw into the caftle " an intolerable mower of ftones. Sometimes he *' employed the moil fkilful miners to undermine *' the foundations of the walls. He made ufe of " machines of many different kinds j fome of " which were very lofty, for infpecling what they " were doing within the caftle ; and others very " low, for battering and beating down the walls. " The befieged, making a bold and mafterly de- *' fence, baffled all his machinations with the " mod aftoniihing dexterity and art IoS. After this fiege had lafted three months, and King Stephen had expended upon it, in machines, arms, and other things, no lefs than fifteen thou- fand marks, equal in efficacy to one hundred and fifty thoufand pounds of our money, the befieged were obliged to furrender for want of water.109

*•* GeftaRegUStephaoi, apud.Duchenf. p. 934. Id.}bid.

2 1 8 HISTORY OF BRITAIN. Book III.

SECTION II.

The hi/lory ofthejine or plea/ing arts of Sculpture, Paint- ing, Poetry, and Mtific, in Great Britain, from A.D. 1066. to A.D. 1216.

The pieaf- IV ft ANKIND, in every ftage of fociety, have

IVX

fome taftc and capacity for the imitative tention. afid pleafing arts ; and from the indulgence of that tafte, and exertion of that capacity, they derive many of their moft rational enjoyments. On this account, the flate of thefe arts is an ob- ject worthy of attention in every period of the hiftory of our country.

Sculpture. Sculpture, or the art of forming the figures of men, birds, beads, &c. in metal, flone, wood, or other materials, flourilhes moft under the patronage of riches and fuperftition, among a wealthy people addicted to idolatry. As Britain was one of the richeft countries of Europe, in the period we are now delineating, and its inhabit- ants were much addicted to a fuperftitious vene- ration for the image of their faints, we have good reafon to believe that fculpture was much cultivated and encouraged. Every church had a ftatue of its patron faint, while cathedrals and conventual churches were crowded with fuch flatues1. We may form fome judgment of the

1 Gervafius de Combuftione et Reparatione Dorobernenfis Ecclcfiae, col. 1 294, &c.

number

Chap. 5. Sed.a. THE ARTS. 219

number of thefe ftatues in conventual churches from the following account given by Matthew Paris, of thofe that were creeled in the abbey- church of St. Alban's by one Abbot : " This " Abbot William removed the ancient ftatue of " the Virgin Mary, and placed it in another " part of the church, erecting a new and more " beautiful one in its room. He did the fame " with refpecl to the ancient crucifix, which " flood aloft in the middle of the church, and " another image of the Virgin Mary, that flood " over the altar of St. Blafius, removing them " into the north fide of the church, and fubfti- " tuting others of more excellent workmanfhip " in their places, for the edification and confo- " lation of all the laity who entered2. This " abbot alfo fet up the great crucifix with its " images over the great altar 3." Some of thefe ftatues, if we may believe this hiflorian, were executed in a very maflerly manner. " It mufl " be mentioned alfo, (fays he) to the praife of " Abbot William, that the new ftatue of the " Virgin Mary, which he prefented to jour. " church, is admirably beautiful, having been " made by Mr. Walter de Colchefter, with the " moll exquifite art and fkill." 4

Befides ftatues the fculptors of this period Baflband executed many figures, and even hiftorical pieces, in bafTo and alto relievo, as ornaments

2 M. Paris Vit. Abbat. p.8l. col. I. 3 Id. p. 80. col* I.

4 Id. p.8i. coLi.

Of

<c <c

220 HISTORY OF BRITAIN. Book III.

of churches, and objects of fuperftitious venera- tion. In the fame abbey church of St. Alban's, we are told by the fame hiftorian, who was a monk of that abbey, there was a curious piece of this kind in wood, over the high altar : " In the middle (fays he) of this piece, was a reprefen- tation of the Divine Majefty, with that of a " Chriftian church and of a Jewifli fynagogue. •' On one hand was a feries of figures repre- <f fenting the twelve patriarchs, and on the " other hand another feries reprefenting the " twelve apoftles s." In a word, when architec- ture was cultivated with fo much ardour, fculp- ture could not be neglected ; and when fo many noble and magnificent churches were built, ar- tifts could not be wanting to adorn and furnifh them with images, which were efteemed fo ef- fential to the worfhip that was to be performed in thefe facred ftruetures.

Painting. ^he art of painting was never wholly lofl in any of thofe countries of Europe which had been provinces of the Roman empire. For though the barbarous conquerors of thofe countries de- ftroyed many magnificent edifices and beauti- ful paintings, not a few of both efcaped their ravages, and became the objects of their admi- ration. Some of thefe conquerors alfo, when the rage of war was at an end, difcovered a tafte for the fine arts, and became their patrons6.

% M. Paris Vit. Abbat. p. 8 1. col. a. ' Muratori, torn. a. p. 354.

Even

Chap. 5. Sed. 2. THE ARTS.

Even the Anglo-Saxons, who were amongfl the mod deftruc~live of the northern conquerors who overturned the Roman empire, did not continue long to defpife the pleafing arts, particularly that of painting, which was prae~lifed by them with confiderable fuccefs 7. But the Norman conqueft contributed not a little to the improvement of the art of painting, as well as of architecture, in Britain j for the Normans being as fuperftitious, and more magnificent than the Anglo-Saxons, they built more beautiful churches, and adorned them with a greater profulion of paintings. The roof, for example, of the cathedral church of Canterbury, built by Archbifhop Lanfranc, was painted, if we may believe a contemporary author, in the moft elegant manner s. Aldred Archbifhop of York, who put the crown on the head of William the Conqueror, added much to the magnitude and beauty of the church of St. John of Beverley. " He enlarged (fays his <c hiftorian) the old church, by adding a new " prefbytery, which he dedicated to St. John the " Evangelift ; and he adorned the whole roof, " from the prefbytery to the great tower, with «« the moft beautiful paintings, intermixed with " much gilding of gold, performed with admir- " able art9." In a word, it feems to have been the conftant cuftom of this period, to paint the

7 See vol. 4. chap. 5. p.i6o.

* Gervas de Combufttone & Reparatione Ecclefize Dorobernienf. .tol. 1394. » T. Stubbs Adi. Poutific. Ebor. col. 1704.

" '

inner

222 HISTORY OF BRITAIN. Book III.

inner roofs or ceilings of cathedrals and con- ventual churches; but of what kind thefe paint- ings were, and with what degree of delicacy they were executed, we have now no means of judging, as we cannot depend very much on the tafte of the monkifli writers of thofe times, who fpeak of them in the higheft flrains of admira- tion. It is however highly probable, that thefe paintings were of the historical kind, the fub- jefts of which were taken from the Scriptures : for Dudo of St. Quintin tells us, that Richard I. Duke of Normandy, who died A. D. 1002., painted the infide of a magnificent church, which he built at Rouen, with hiftorical paintings. I0 Portrait- Portrait-paintings appear to have been very painting, common in this period ; and it is probable that there were few kings, queens, or princes, who had not their pictures drawn. The learned Montfau9on hath publifhed prints of four pic- tures at full length, reprefenting William the Conqueror, his Queen Matilda, and their two fons Robert and William JX. Thefe pictures, which are believed by many to have been drawn from the life, were painted in frefco, on the walls of a chapel belonging to. the abbey of St. Stephen at Caen, which was built A. D. 1064. They are thus defcribed : " The Conqueror was drawn " as a very tall man, clothed in a royal robe,

" Dudo de A6Hs Norman. 1. 3. p.i53.

11 Montfau9on Monumens de la Monarchic Franyoife, torn. i. plate 55. p.4oa.

" and

Chap. 5. Sea. 2. THE ARTS. 223

" and (landing on the back of an hpund couch-

ft ant : on his head was a diadem, ornamented

" with trifoils ; his left hand pointed to his

" breaft, and in his right he held a fceptre fur- ,

" mounted with a fleur de lys. Queen Matilda

" was dreffed in a kirtle and mantle ; and had

" on her head a diadem, fimilar to that of her

" hufband ; from the under part whereof hung

" a vail, which was reprefented as falling care-

" lefsly behind her moulders ; in her right hand

" was a fceptre, furmounted with a fleur de lys,

<c and in her left a book : her feet were fup-

" ported by the figure of a lion. Duke Robert

«' was reprefented as flanding on a hound, and

" clad in a tunique, over which was thrown a

" fhort robe or mantle: his head was covered

" with a bonnet ; upon his right hand, .clothed

" with a glove, flood a hawk, and in his left

" was a lure. The picture of Duke William re-

" prefented him as a youth, bare-headed, dreffed

" in the fame habit as his brother, and flanding

" on a fabulous monfter : the left hand of this

" prince was clothed with a glove, andfupported

" a falcon, which he was feeding with his right.

" Thefe paintings are fuppofed to have been

" coeval with the foundation of the abbey of

" St. Stephen, and to have been drawn from the

" life"." The learned Montfaugon fays, "That

" thefe four pictures have all the air and appear-

" ance of originals."

" Doflor Ducarel's Anglo-Norman Antlquitiei, p. 6r.

There

a 44 HISTORY OF BRITAIN. Book III.

Remark- There is an anecdote preferved by William of oefto'f C" Malmfbury, which feemsto indicate that portrait- fomepor- painting was practifed in great perfection in this period. A company of banditti in Flanders, who pretended to be adherents of Guibert the anti-pope, had formed a plot to intercept and rob Anfelm Archbifhop of Canterbury, in his way to Rome, A. 0.1097. The Archbilhop having received intelligence of their defign, efcaped by means of a difguife. That he might not efcape in the fame manner on his return, the banditti fent an excellent painter to Rome to draw his picture fo exactly, that they might know him under any difguife. Of this alfo the Archbifhop received intelligence ; and was fo much alarmed that he went a great way out of his road, to avoid the danger I3. About the fame time the pope and clergy employed the art of painting in promoting a croifade for the recovery of the Holy Land, by fending certain irritating pictures to the courts of princes, and expofing them to the view of the people. In one of thefe pictures, Chrift, was reprefented tied to a flake, and fcourged by an Arabian, fuppofed to be Mahomet ; and in another an Arabian was painted on horfeback, with his horfe ftaling on the holy fepulchre. Thefe pictures, it is laid, excited the indignation both of princes and peo- ple, in a very high degree, and contributed not a little to their taking the crofs. I4

13 W. Malmf. de Geftis Pontific. Angl. p. 127. col. 2. ltt Abulfeda, 1. 1. €.3. Bohadin Vit. Salidini, ch. 80. p. 136.

1 1 Paint-

Chap. 5. Sed. 2. THE ARTS. 225

Painting, in this period, was not confined to Paintings the ufe of the church, or to the 'portraits of ofvariou»

. , , kinds.

great men, but was employed to various other purpofes; particularly to ornamenting the apart- ments, furniture, fhields, &c. of perfons of rank •and fortune. In the feventeenth of Henry III. a precept was directed to the fheriff of Hamp- fhire, commanding him, " to caufe the King's " wainfcotted chamber in the caftle of Win- " chefter to be painted with the fame hiflories " and the fame pictures with which it had been " painted before I5." This is an authentic proof that wainfcotting chambers, and painting the wainfcot with hiflorical paintings, was prac- tifed in England fo long before the feventeenth of Henry III. A.D. 1233., that the paintings were fo much faded or tarnifhed that they needed to be renewed. Peter de Blois, Archdeacon of Bath, and chaplain to Henry II., acquaints us, in one of his letters, that the great barons and military men of his time, had their fhields and faddles painted with the reprefentations of battles. In that letter he cenfures the vices, and particularly the oftentatious vanity, of thefe barons, with no little feverity; and, amongft other things, fays, " They carry fhields into " the field fo richly gilded, that they prefent the " profpect of booty rather than of danger to the " enemy; and they bring them back untouched, « and, as I may fay, in a virgin flate. They

15 See the Honourable Mr. Walpole's Anecdotes of Painting, page 3.

VOL. vi. Q " alfo

226 HISTORY OF BRITAIN. Book III.

" alfo caufe both their fhields and faddles to be " painted with reprefentations of battles and " equeftrian combats, that they may pleafe their " imaginations with the contemplation of fcenes " in which they do not chufe to engage." IS Painting The art of painting glafs was known and practifed in France, and very probably in Eng- land, in this period. Father Montfai^on hath given feveral plates of the paintings in the win- dows of the abbey of St. Dennis that were painted in the twelfth century, particularly a reprefenta- tion of the progrefs of the firfl croifade, in ten compartments '7. This art, it is believed, was brought into England in the reign of King John. l8

lilumina- There was a kind of miniature painting much dons of practifed in Britain in this period, and of which many curious fpecimens are flill remaining. This was called illuminating (from which limning is derived) ; and was chiefly ufed, as we now ufe copper-plates, in illuftrating and adorning the Bible and other books. This art was much practifed by the clergy, and even "by fome in the higheft ftations in the church : " The famous " Ofmund (fays Brompton), who was confecrated " bifhop of Salifbury A.D. 1076., did not dif- *' dain to fpend fome part of his time in writing, " binding, and illuminating books 'V Mr.

16 Opera Petri Blefenfis, Ep. 94. p. 146, 147.

17 Montfaugon Monuments, &c. torn. i. p-384.

18 Mr.Walpole's Anecdotes of Painting, p.5. note.

19 J.Brompt. Chron. col. 977.

Strutt

Chap. 5. Sad. 2. THE ARTS.' 227

Strutt hath given the public an opportunity of forming fome judgment of the degree of deli- cacy and art with which thefe illuminations were executed, by publifhing prints of a prodigious number of them, in his two works quoted be- low 20. In the firft of thefe works, we are pre- fented with the genuine portraits, in miniature, of all the kings, and feveral of the queens, of Eng- land, from Edward the Confeflbr to Henry VII. moftly in their crowns and royal robes, together with the portraits of many other eminent perfons of both fexes.

The illuminators and painters of this period Artofpre- feem to have been in poffeffion of a confiderable number of colouring-materials, and to have known the arts of preparing and mixing them, fo as to form a great variety of colours. In the fpecimens of their miniature-paintings that are ftill extant, we perceive not only the five primary colours, but alfo various combinations of them. There is even fome appearance that they were not ignorant of the art of painting in oil, from the following precept of Henry III., dated only twenty-three years after the conclufion of this period : " Pay out of our treaftiry to Odo the " goldfmith, and Edward his fon, one hundred " and feventeen millings and ten pence, for oil, " varnifh, and colours bought, and pictures " made, in the chamber of our queen at Weft-

50 The Regal and Ecclefiaftical Antiquities of England, London 1771* View of the Cuftoras, &c. of England, 1774-

Q 2 " minfter,

228 HISTORY OF BRITAIN. Book III.

» " minder, between the o6laves of the Holy " Trinity, in the twenty-third year of our reign, " and the feaft of St. Barnabas the apoltle, in " the fame year, which is fifteen days*'." This was a confiderable fum (equal in quantity of filver to feventeen pounds fourteen {hillings of our money, and in efficacy to eighty-eight pounds) to be expended in painting one cham- ber in fo (hort a time.

Poetry. As the Normans were more learned, and no

lefs fond of poetry than the Anglo-Saxons, that mod pleafing and delightful art, efpecially Latin poetry, was cultivated with no lefs ardour, and with greater fuccefs, in this than in the former period. On this account it may be proper to pay a little more attention to this than to any of the other arts.

The vernacular language of England, in this eri°dj was *n fucn an imperfecl and unfettled

language, ilate, that it was hardly fit for tranfacting the common bufinefs of fociety, and very improper for the fublime and melodious drains of poetry. No fciences were taught, few letters were written, few accounts were kept, few treatifes in profe, on any fubjecl;, were compofed in that lan- guage ". But fo drong a propenfity to poetry prevailed, that a prodigious number of poems on different fubjecl;s, and in various kinds of verfe, were written in that crude unformed tongue.

11 Mr. Walpole's Anecdotes of Painting, vol. i. p. 6. " See chap. 7.

Many

Chap.5- SeA. 2. THE ARTS. 429

Many of our heft poets indeed in -this period, fenfible of the imperfection of their native lan- guage, wrote their poems in Latin, and fome in the Romance or Proven9al tongue. This makes it neceflary to give a very brief account, i. of the Englifh ; 2. of the Latin ; and 3. of the Proven9al poetry of this period.

As many of the poets of this period were clerks and monks, many of their poems were on reli- ligious fubje&s. Of this kind is a tranflation of the Old and New Teftament into Englifh. verfe, fuppofed to have been made before the year 1200., a verfion of the pfalms, made about the fame time, and a large volume of the lives of the faints23. The only fpecim«n of thefe poems our limits can admit, is the following verfion of the hundredth pfalm :

Mirthes to God al erthe that es

Serves to Louerdin faines.

In go yhe ai in his fiht,

In gladnes that is fo briht.

Whites that louerd god is he thus

He us made und our felf noht us,

His folk and fhep of his fode :

In gos his y hates that are gode :

In fchrift his worches belive,

In ympnes to him yhe fchrive.

Heryhcs his name for Louerde is hende,

In all his merci do in ftrende and firande. '*

The minftrels of thofe times had a fet of fongs Sunday* of a religious caft, and on religious fubjects, fon6»'

13 Mr. Warton's Hiftory of Englifh Poetry, p. 19. 93. it.

14 Id. ibid. p. i jt

Q 3 which

230 HISTORY OF BRITAIN. Book III.

which they fung to their harps, in the courts of kings, and in the halls of barons, on Sundays, inflead of thofe on love and war, and fuch fub- jects, which they fung on other days. The fol- lowing lines are the exordium of one of thefe Sunday -fongs :

The •vijions ofSeynt Paul won be was rapt into Paradjs.

Lufteneth lordynges leof and dere,

Ze that wolen of the Sonday here :

The Sonday a day hit is

That angels and archangels join i \vis>

More in that like day

Than any odur, &c. 2S

Hymns. The monks and other clerical poets of this period, compofed many fliort hymns, in various kinds of verfe. The following flanza of one of thefe hymns may ferve as a fpecimen. The fub- jecl; of it is our Saviour's crucifixion :

I fyke when y finge for forewe that y fe When y with wypinge bihold upon the tre> Ant fe Jhefu the fuete Is hert blod for lete,

For the love of me ; Ys woundes waxen wete, Thei wepen, ffill and mete,

Marie reweth me.25

Love- Religion was not the onlyfubjecl; of the Englifli

poetry of this period. Love, the favourite theme

25 Mr. Warton's Hiftory of Englifli Poetry, p. 19. note. j6 Id. ibid. p. 3 3.

Of

Chap. 5- Sed.z. THE ARTS.

of many poets, produced its fhare of verfes. The following little poem, in which the poet com- pares his miftrefs to a great variety of gems and flowers, may ferve as a Ipecimen of this kind of poetry, and of that alliteration which was efteemed a great beauty in this period :

Ic hot a burde in a hour, afe beryl fo bryght,

Afe faphyr in felver femely on fyght,

Afe jafpe the gentil that lemeth with lyght,

Afe gernet in golde and rubye wel ryht,

Afe onycle he is only holden on hyht :

Afe a diamand the dere in day when he is dyht :

He is coral yend with Cayfer and knyght,

Afe emeraude a morewen this may haveth myht.

The myht of the margaryte haveth this mai mere,

Ffor charbocele iche hire chafe bi chyn and bi chere>

Hire rede ys as rofe that red ys on ryfe,

With lilye white leves lofliim he ys,

The primros he pafleth, the penenke of prys,

With alifaundre thareto ache and anys :

Coynte as columbine fuch hire cande as,

Glad under gore in gro and in grys

Heo is blofme upon bleo brighteft under bis

With celydone ant fange as thou thi felf fys,

From Weye he is wifift into Wyrhale,

Hire nome is in a note of the nyghtigale ;

In a note is hire nome nampneth hit non

Who fo ryht redeth ronne to Johon. *7

Several fatirical poems appear among the re- Satirical mains of the Englifli poetry of this period. Poems' Some of thefe are general fatires againft monks, bifliops, lawyers, phyficians, and people of other

'7 Mr. Warton's Hiftory of Englifli Poetry, p. 3*.

Q 4 profef-

232 HISTORY OF BRITAIN. Book III.

profefiions. That part of a very curious fatire againft monks, in which the author laflies them for their incontinence, may ferve as an example of this kind of poetry. After the fatirift had defcribed the delightful lituation, magnificent fabric, and great provifion of meats and drinks of an abbey, with the indolence, gluttony, and drunkennefs of its monks, he proceeds thus:

An other abbai is ther bi

For foth a great nunnerie ;

Up a river of fwet milk

Whar is plente grete of filk.

When the fummeris dai is hote,

The yung nunnes takith a bote,

And doth ham forth in that river

Both with oris and with ftere:

Whan hi beth fur from the abbei

Hi makith him nakid for to plei,

Arid leith dune into the brimme

And doth him fleilich for to fwimme :

The yung monkes that hi feeth

Hi doth ham up, and forth he fleeth,

And comith to the nunnes anon,

And euch monk him takith on,

And fnellich berith forth har prei

To the mochill grei abbei,

And techith the nonnes an oreifun

With jambleus up and dun.

The munke that wol be ftaluu gode,

And can fet a riyt his node,

He fchal hab withoute danger

xii wives each yer,

Al throy riyt and noyt throy grace,

For to do himfelf folace.

And

Chap. 5. SeA.2. THE ARTS.

And thilk monk that clepeth beft And doth is likam all to reft, Of him is hope, God hit wote, To be fone vader abbot. *"*

It was far from being fafe at this time to write Danger of fatirical verfes againft particular perfons, efpe- ^in5 cially againft thofe in power. Henry I., A. D. poems. 1124., condemned one Luke de Barra to have his eyes pulled out, for having written defama- tory ballads againft him ; and when the Earl of Flanders very warmly interceded for the un- happy poet, the King replied, " This man, " being a wit, a poet, and a minftrel, hath " compofed many indecent fongs againft me, " and fung them openly, to the great enter- " tainment and diverfion of my enemies. Since " it hath pleafed God to deliver him into my " hands, he mail be punifhed, to deter others " from the like petulance29." This cruel fen- tence was accordingly executed on the unfortu- nate fatirift j who died of the wounds he re- ceived in ftruggling with the executioner.

But though the kings and great men of thofe Panegy- times were thus impatient of fatire, they were ""• fond enough of panegyrics ; which produced poems of that kind in great abundance. The famous William Longchamp, Bifhop of Ely, chan- cellor and chief jufticiary of England, the Pope's

" Hickefii Thefaur. torn. i. p. x^aj 133. Warton's Hiftory of Englilh Poetry, p. u.

* Orderic VitaL p.88o, 881.

legate,

234 HISTORY OF BRITAIN- Book III.

legate, and the great favourite of Richard I. (if we may believe his brother Hugh Nunant Bifhop of Chefter), " kept a number of poets " in his pay, to make fongs and poems in his " praife ; and allured the beft fingers and min- " flrels by great gifts, to come over from " France, and fing thefe fongs in the flreets of " the feveral cities of England30." Matilda, Queen of Henry I., was fo generous, or rather fo profufe a patronefs of poets, that they crowded to her court from all parts to prefent her with their panegyrics 3t. So much were the mufes both courted and dreaded by the great in this period !

Elegies, Among the remains of the Englifli poetry of paftorais, the twelfth century, are feveral elegiac, paftoral, and defcriptive poems; but for fpecimens of thefe, I muft refer the reader to the very curious work quoted below, to which I have been fo much indebted in this article. 3Z

Latin The unfcttled ftate of the Englifli language,

poetry, fluctuating between the Norman fpoken by one part of the people, and the Saxon, by another, was, no doubt, one reafon why the Latin lan- guage was flu died with fo much ardour in Eng- land in this period ; and that not only all our divines, philofophers, and hiftorians, but alfo many of our poets, wrote in that language*

39 Benedict Abbas, ad ann. 1191.

41 W. Mahnf. 1.5. p. 93. col.i.

11 Mr. Warton's Hiftory of Engliih Poetry, p. 29, &c.

10 / Several

Chap. 5. Se&. 2. THE ARTS. 235

Several learned men, whom we have already mentioned for their other works, were excellent Latin poets, and in that capacity claim a little of our attention.

Henry of Huntington, the hiftorian, was alfo Henry of

a voluminous Latin poet, and wrote feveral ^untins-

ton. books of epigrams and love-verfes, and a poem

upon herbs. This we are told by himfelf, in the conclufion of his curious letter on the con- tempt of the world :

Henricus tibi ferta gerens} epigrammata primum, Praelia mox Veneris gramina deinde tuli. 33

His invocation of Apollo, and the goddefles of Tempe, in the exordium of his poem on herbs, may ferve as a fpecimen of his poetry :

Vatum raagne parens, herbarum Phoebe repertor, Vofque, quibus refonant Tempe jocofa, Dese ! Si mihi ferta prius hedera florente paraftis, Ecce meos flores ferta parate, fero. 34

The famous John of Salifbury was not only John of well acquainted with the beft Roman poets, as Saliftury- appears from the numerous quotations from them in his works, but was himfelf no con- temptible Latin poet. His poem prefixed to his book, De nugis curialium, is equally elegant and witty. It is an addrefs to his book, containing many directions for its conduct; from which

33 Anglia Sacra, torn. a. p. 703.

34 Leland. de Script. Britan. torn. ». p. 198.

the

236 HISTORY OF BRITAIN. Book III.

the following verfes, alluding to the title of his work,, may be given as a fpecimen :

Nufquam divertas ne quis te laedat euntemj Nugarum luat garrula lingua notas. Oninia, fi nefcis, loca funt pleniflima nugis ; Quarum tota cohors eft inimica tibi. Ecclefia nugse regnant, et principis auli; In clauftro regnant, pcntificifque dome. In nugis clerus, in nugis militis ufus ; In nugis juvenes, totaque turba fenum. Ruilicus in nugis, in nugis fexus uterque ; Servus et ingenuus, dives, egenus, in his. JS

Eadmer, Eadmer, William of Malmfbury, Peter of *<:• Blois, Girald Barry, and feveral others of whom we have already given fome account, have left proofs of their proficiency in Latin poetry, as well as in other parts of learning ; but extracts from their works would fwell this fection beyond its due proportion. It will be more proper to take a little notice of a very few of the Latin poets of this period, who addicted themfelves chiefly to poetry, and who have not yet been mentioned.

Hanvill. John Hanvill, or Hautvill, a monk of St. Alban's, flouriftied towards the end of the twelfth century, and was far from being a contemptible Latin poet. His chief work was a kind of moral heroic poem, in nine books, the hero of which he calls Architriemus, who travelled over the world, and every where found reafon to lament the follies, vices, and miferies of mankind. He

31 J. Sarilburien. ad opus fuurn.

dedicated

Chap. 5- Sea.z. THE ARTS.

dedicated this work to his great friend and patron Walter de Conflans, who was made bifliop of Lincoln A. D. 1183. A few lines from the dedication will enable the reader to form fome idea of his ftyle and manner :

O cujus ftudio, quo remige navigat aeftu, Mundanoque mari tumedis exempta procellis, Lincolnniae fedes ! O quern non preterit aequi Calculus ! O cujus morum redolentia ccelum Spondet, et efle nequit virtus altiflima major* Indivifa minor : cujus fe nomen et aftris Inferit, et famoe lituo circumfonat orbem. 36

Befides his Architrienius, he wrote a volume of Latin epigrams, epiftles, and fmaller poems, which (as an excellent judge who perufed them declares) have coniiderable merit.37

Jofephus Ifcanus (Jofeph of Exeter) was the Jofeph of prince of Latin poets, in this period we are now Exeter* examining, and wrote two heroic poems. The Trojan war was the fubject of one of thefe poems, which confifted of fix books, and was dedicated to Baldwin Archbifhop of Canterbury. The fubje6l of the other, which was called Antiocheis, was the croifade, in which his fovereign Richard I. and his patron Archbifhop Baldwin were engaged. Of the beauty and ex- cellence of the firfl of thefe poems we have an opportunity of judging, becaufe it is ftill extant, and hath been publifhed38. " The dic~lion is

36 Bulaei Hift. Univerfitat. Pat-men, torn. a. £.458.

*> Mr. Wharton's Hift. of Englifli Poetry, diflertation a.

* At Bafil, 8vo. 1541. At Amfterdam, 4to. 1702.

" generally

238 HISTORY OF BRITAIN. Book III.

" generally pure, the periods round, and the " numbers harmonious; and, on the whole, " the ftrufture of the verfification approaches " nearly to that of polifhed Latin poetry 39." It is hardly poffible to dip into any part of this poem, which confifls of no fewer than three thoufand fix hundred forty-fix lines, without finding paffages that will juftify this favour- able opinion of its merit ; and therefore I mall go no further for an example than to the exor- dium, in which the fubject is propofed with great plainnefs and fimplicity :

Iliadum lachrymas, conceflaque Pergama fatis, Prcelia bina ducum, bis adadtam cladibus urbem, In cineres, querimur : flemufque quod Herculis ira, Hefiones raptus, Helense fuga fregeret arcem, Impulerit Phrygios Danaas exciverit urbes.

The Antiocheis is unhappily loft, except a final! fragment, in which the ancient heroes of Britain are celebrated in a flrain not unworthy of the Mantuan bard. Of the famous Prince Arthur our poet fings thus :

Hinc, celebri fato, felici floruit ortu,

Flos regum Arthurus *

##*****#

* * * * Quemcunque priorum Infpice : Pellaeum commendat fama tyrannum, Pagina Csefareos loquitor Romana triumphos :

39 Mr. Wharton's Hift. Eng. Poet, difiertat. 2.

40 Jofepbi Ifcani de Bello Trojana, Libri Sex, cum notis Drefe- mii, Amftelsed. 1702.

Alciden

Chap. 5. Sed. 2. THE ARTS. 236

Alciden domitis attolit gloria monftris ; Sed nee pinetum coryli, nee fydera folem JEquant. Annales Graios Latiofque revolve, Prifca parem nefcit, cequalem poftera nullum Exhibitura dies. Reges fupereminet omnes : Solus praeteritis melior, majorque futuris. 4I

Alexander Necham was another elegant Latin Alexander poet, who flouriftied in England at the lame time Necham> with Jofeph of Exeter. He was born and edu- cated at St. Alban's, as appears from the follow- ing verfes, which may ferve alfo as a fpecimen of his poetry :

* * Clauftrum

Martyris Albani fit tibi tuta quies. Hie locus setatis noftne primordia novit, Annos Felices, laetitiseque dies. Hie locus ingenuis puerilis imbuit annos Artibus, et noftrae laudis origo fuit. Hie locus infignes magnofque creavit alumnos, Felix eximio martyre, gente fitu. Militat hie Chrifto, nocluque dieque labori Indulgit fanclo religiofa cohors.42

Walter Mapes, the jovial and witty Arch- Walter deacon of Oxford, and chaplain to Henry II., MaPes* was a good Latin poet, and a voluminous writer. His poems were chiefly of a fatirical or feftive flrain, and in the rhyming kind of verfes, com- monly called Leonine, which were much ufed by the minor poets of thofe times. Three ftanzas from his fatire on Pope Innocent, for prohibiting

41 Camden's Remains, p. 3 14. Warton. Hift. Poet. duTertat.z.

42 Id. ibid.

the

24o HISTORY OF BRITAIN. Book III.

the marriage of the clergy, will give us fome idea of his fatirical vein ; and his famous ode on drinking, will be a fufficient fpecimen of his feftive lays :

O quam dolor anxius, quam tormentum grave, Nobis eft dimittere quoniam eft fuave ! O Romane pontifex, ftatuifti prave, Ne in tanto crimine moriaris cave. Non eft Innocentius, immo nocens vere, Qui quod facto docuit, ftudet abolere : Et quod olim juvenis voluit habere, Modo vetus pontifex ftudet prohibere. Ecce jam pro clericis multum allegavi, Necnon pro prefbyteris plura comprobavi. Pater nq/ier nunc pro me, quoniam peccavi, Dicat quifque prefbyter, cum fua fuavi. 43

Ode on Drinking.

Mihi eft propofitum in taberna mori, Vinum fit oppofitum morientis ori : Ut dicant, cum venerint, angelorum chori, Deus fit propitius huic potatori. Poculis accenditur animi lucerna. Cor imbutum nec"lare volat ad fuperna ; Mihi fapit dulcius vinum in taberna, Quam quod aqua mifcuit praefulis pincerna. Suum cuique proprium dat natura munus> Ego nunquam potui fcribere jejunus ; Me jejunum vincere poffit puer unus ; Sitim et jejunium ode tanquam funus. Unicuique proprium dat natura bonum, Ego verfus faciens, vinum bibo bonum, Et quod habent melius dolia cauponum* Tale vinum general copiam fermonum.

44 Camden's Remains, p.334, 335.

Tales

Chap. 5. Sea. 2. THE ARTS. 241

Tales verfus facio, quale vinum bibo, Nihil poflum fcribere, nifi fumpto cibo ; Nihil valet penitus, quodjejunus fcribo, Nafonem poft calices carmine prseibo. Mihi nunquam fpiritus prophetise datur Nifi tune cum fuerit renter bene fatur ; Cum in arce cerebri Bacchus dominatur, In me Phoebus irruit, ac miranda fatur. **

Among the Englifh monks of this period, Epigram- there were many fmart fatirical epigram matifts ; matift?' aconfiderable number of their epigrams, which are far from being contemptible, are flill pre- ferved. Our limits will only allow us to admit one of Godfrey's, who was Prior of Winchefter A. D.I i oo., on an abbot who protected his monks from others, but oppreffed them himfelf :

Tollit ovem de fauce lupi perfsepe moloflus

Ereptamque lupo ventre rccondit ovem. Tu quoque Sceva tuos prsedone tueris ab orani,

Unus praedo tamen perdis ubique tuos. 4I

Latin elegies and epitaphs were written upon Elegies, almofl all the kings, princes, prelates, and other &c* eminent perfons who died in England in this period ; and not a few of thefe performances ap- proach to claffical purity of diction 46. In a word, every kind of Latin poetry was cultivated by the clergy and monks of the twelfth century, with a degree of fuccefs that will hardly be credited by thofe who are not acquainted with their writings.

* Camden's Remains, p. 334, 333. 4S Id. p-3*5.

46 Oderic. Vital, paffim. Camden's Remains, p.3si. &c. 360. &c.

VOL. vi. R The

HISTORY OF BRITAIN. Book III.

The language which the Normans brought with them into England, was that which was called lingua Romana, or the Romance language, which was the vulgar tongue of all the provinces of France in the eleventh and twelfth centuries 47. In this language the Normans had already com- pofed many poems and fongs, one of which was fung by the champion Taillifer, at the head of the Norman army, before the battle of Haftings, as we learn from the following lines of Mailer Wace, an Anglo-Norman poet of this period : 48

Taillifer, qui moult bien chantoit, Sur un cheval qui toft alloit, Devant eus alloit chantant De 1'Allemaigne et de Reliant, Et d'Oliver, et de Vaflaux, Que moururent a Rainfchevaux. <9

It was in this lingua Romana, or Romance tongue, (the daughter of the Latin, and mother of the French) that many metrical romances were compofed by the French and Normans of the eleventh and twelfth centuries : and it was from the language in which they were written, rather than from the extravagant fables which they commonly contained, that thefe poems were called Romances 5°. In the exordium of a metri- cal life of Tobiah, written by a monk at the defire of the Abbot of Kenelworth, the language

See chap. 7. +s W.Malmf. 1.3. p^.col.i.

49 Hiftoire Literaire de la France, torn. 7. Advertiflemeni, p. 73. ^ Id. ibid. Du Cange Gloff. voc. Romances, l.j. p. 1489.

16 in

Chap. 5. Sect. 2. THE ARTS. 443

in which it is compofed is called the Roman or Romance :

Le prior Gwilleyme me prie> De 1'eglyfe feynte Marie De Kenel worth an Ardenne, Ki porte le plus haute peyne De charite, ke nul eglyfe Del reaume a devyfe Ke jeo liz en romaunz le vie De kelui ki ont nunTobie, &c.SI

Some of the French and Norman poets of this Romances. period pretended, at leafl, that their poems were true hiftories, though they gave them the title of Romances, on account of the language in which they were written. Of this kind was the long hiftorical poem of Maifter Robert Wace, chaplain to Henry II., which is fometimes called Roman de Rois a" Angleterre, and fometimes Ro- man le Rou, et les vies des Dues de Normandie sz. Robert de Brunne, in the prologue to his tranf- lation of one of thefe metrical hiftorical poems, written by an Anglo-Norman, fays the language of his original was called Romance :

Frankis fpech is cald Romance, So fais clerkes and men of France. Pers of Langtoft, a chanon Schaven in the houfe of Bridlyngton On Frankis ftyle this ftorie he wrote Of Inglis kings, &c. 53

Many of thefe poems, which were originally writen in Romance, becauie it was the language

51 Wartoni Hift. Poet. p. 85. » Id. p. 6», 63. " Id. p. 66.

R 2 Of

344 HISTORY OF BRITAIN. Book III.

of their authors, and of the court and nobility, to whom they were addrefied, were fbon after tranflated into the Englifti of thofe times, for the entertainment of the native Englifti, who were r called lewed, i. e. ignorant men. This is the

motive afligned by Robert de Brunne for his translating one of thefe poems :

For lewed men I undyrtoke.

In Englyflie tongue to make this boke :

For ma»y beyn of fuch manere

That talys and rymys wyle bleihty here. "

The Prove^al poets were very famous in the twelfth and thirteenth centuries, not only in their own, but in feveral neighbouring countries. They were called Troubadours, or Finders, from the fertility of their invention ; and were in rea- lity the fathers of modern poetry. No poets were ever more loved, admired, and cherifhed, than thefe Provencal bards. They were invited to the courts of the greatefl princes, where they became the delight of the brave, and the favour- ites of the fair, by celebrating the atchievements of the one, and the charms of the other, in their poems. In a word, the admiration which they acquired was fo flattering, that feveral fovereign princes became Troubadours, and wrote poems in the Prove^al language, which was then the moft perfect of all the modern languages of Europe 54. Richard I. of England was one of

M Wartoni Hift. Poet, p. 5 9.

54 Hiftoire Literaire des Troubedours, a Paris, 1774.

thefe

Chap. 5. Sea. 2. THE ARTS.

thefe royal fongfters ; forae of whofe poems, in the Prover^al tongue, are ftill extant ; and one of them hath been publimed in the very curious work quoted below ss. The firft ftanza of that poem, which was compofed in prifon in Germany, with a tranflation, is all the Ipecimen of this kind of poetry that our limits will admit :

Ja mis horn pris non dira fa raifon, Adreitament fe com horn dolent non : Ma per conort pot il faire chanfon. Pro a d'amis, mas poure ion li don. Ontai i auron fe por ma reezon, Sois fait dos yver pris. ss

No prifoner his condition can explain,

But he will fall into a plaintive {train.

Yet to divert his forrows he may fing,

Though he have friends, how poor the gifts they bring !

Shame be on them ! my ranfom they deny,

And I in prifon two long winters lie.

In times when poetry was fo much cultivated, we may be certain, that mufic could not be neglected, efpecially when we confider, that the union between thefe two arts was much greater in thofe times than it is at prefent. For in the middle ages, almoft all the poets of France and England, like the ancient bards of Gaul and Britain, were muficians, and fung their verfes to the mufic of their harps s7. Thefe poetical mufi-

' '•• A Catalogue of the Royal and Noble Authors of England, vol. i. p. 6.

56 Hiftoire de Traubodours, torn. z. p. 5 9.

57 See Dr. Percy's curious Preface to his Reliques of Antient Eng- Kh Poetry.

B 3 cians,

346 HISTORY OF BRITAIN. Book III,

cians, commonly called minjlrels^ were the de- light of princes, prelates, and barons, who en- tertained them in their courts and cailles, and lavifhed upon them much of their wealth 5*. Matilda, queen of Henry I., was fo fond of mufic, and fo profufely generous to muficiafis and poets, that fhe expended almofl all her revenues upon them, and even opprefled her tenants, in order to procure money to reward them for their fongs 59, John of Salifbury cen- fures the great people of his time, for imitating Nero in his extravagant fondnefs for muficians ; and fays that " they proftituted their favour, " by beftowing it on minftrels and buffoons ; ce and that, by a -certain foolifh and fhameful " munificence, they expended immenfe fums of ** money on their frivolous exhibitions50'" " The " courts of princes (fays another contemporary " writer) are filled with crowds of minftrels, " who extort from them gold, filver, horfes, " and veftments, by their flattering fongs. I <c have known fome princes who have bellowed ** on thefe miniflers of the devil, at the very " firft word, the moft curious garments, beau- " tifully embroidered with flowers and pictures, " which had cod them twenty or thirty marks " of filver, and which they had not worn above " feven days"." An art that was fo highly

58 M. Paris, p. 114. col. i. 59 W. Malmf. p,93- coL'i.

J Sanfbi ri.-n. Policrat. 1.1. C.8, p. 32. 81 Rigordus ad an. 1185.

honoured,

Chap. 5. Sed 2. THE ARTS. 247

honoured, and fo liberally rewarded, could not fail to flourifli.

Both the vocal and instrumental mufic of this period was of three kinds, viz. facred, civil, and martial. Of the laft, enough hath been already faid61. Of the ilate of the other two it maybe proper to give a very brief account.

Sacred or church mufic was cultivated with church great ardour by the Britifli clergy of all ranks in muflc> this period, both becaufe it attracted the people- to the church, and becaufe it rendered the per- formance of the public fervice more agreeable to themfelves. The Anglo-Norman clergy, in par- ticular, applied with much diligence and fuccefs to this delightful art : of which it may not be improper to give one example, out of many that might be given. Thomas, the fir ft Norman archbifhop of York, who was advanced to that fee by William the Conqueror, A.D. 1070., was one of the moil pious and learned prelates of the age in which he flourifhed63. Having a fine voice, and a great tafte for mufic, he made that art his particular ftudy, and attained to great perfection in it, both in theory and practice64. He compofed many pieces of mufic for the ufe of his cathedral, in a grave, folemn, manly ftyle, avoiding all light effeminate airs, as unfuitable to the nature of religious worfhip. When he heard any of the fecular minftrels fing a tune

62 See p. ao8. 63 T. Stubbs de Pontific. Ebor. col. 1705.

64 W. Malmf. de Geftie Pontific. Angl. p. 155. col.».

R 4 which

248 HISTORY OF BRITAIN. Book III.

which pleafed him, he adopted and formed it for the ufe of the church, by fome necefiary va- riations 6S. " There was nothing (fays one of his " hiflorians) which Archbiihop Thomas ftudiedfo " much as to have a good and virtuous clergy " in his cathedral. With them he fometimes " read, fometimes difputed, fometimes lung, or " played upon the organ : he even fpent fome of " his leifure hours in making organs, and in " teaching his clergy to make them, and to fet " hymns both in profe and verfe to mufic "V When fo great and learned a prelate employed fo much of his time in the (ludy and practice of church-mufic, and was fo highly commended for it, we have reafon to think that it was an object of great and general attention among the clergy.

The ga- The invention of the new muiical fcale, or mutin- modern gamut, by an Italian monk named Guido Aretine, a native of Arezzo, about A. D. 1 022., contributed not a little to increafe the ardour of the clergy in their application to mufic, by facilitating the acquifition of mufical know- ledge. This invention made a mighty noife in the church at that time. The author of it was fent for thrice to Rome, to explain and teach it to the clergy of that city 67. Aretine, in a letter to the Pope, affirms, that any perfon,by the help,

*s W. Malmf. de Geftis Pontific. Angl. p. 155. col. z.

*6 Stubbs de Pontific. Ebor. 001.1709.

61 See Bayle's Di&ionary, article Guido Aretine,

Of

Chap. 5. Sea.2. THE ARTS. 249

of his invention, may make as great proficiency in mufic in one year, as before he could have made in ten. He infinuates to His Holinefs, that he had been infpired by Heaven with this happy thought, which had atoned for all his fins, and fecured the falvation of his foul68. There is.no room to doubt that this invention was well known to Archbifhop Thomas, who had fpent fome time at Rome foon after his elevation to the fee of York, and that it was by this fcale that he and the other Englifh compofers of this period regulated their mulical compofitions.

The church mufic of Britain did not continue Corruption long in the grave and folemn ftyle. Before the of <Jurch" end of the twelfth century it had loft the primi- tive fimplicity of plain fong, and become foft, effeminate, and artificial, in a very high degree. Of this change in the church-mufic of his time, John of Salisbury thus complains : " This foft " effeminate kind of mufic hath even debafed " the dignity, and ftained the purity of religious " worfhip. For in the very prefence of God, " and in the centre of his fandluary, the fingers " endeavour to melt the hearts of the admiring " multitude with their effeminate notes and «« quavers, and with a certain wanton luxuriancy " of voice. When you hear the foft and fweet *'• modulations of the choirifters ; fome leading, " others following; fome finging high, others M low; fome falling in, others replying; you

" Baron. Annal. ad aim. roaa.

& " imagine

350 HISTORY OF BRITAIN. Book III.

" imagine you hear a concert of firens, and not " of men ; and admire the wonderful flexibility " of their voices, which cannot be equalled by " the nightingale, the parrot, or any other crea- " ture, if there be any other more mufical. " Such is their facility in riling and falling, in " quavering, making, and trilling, in blending " and tempering all the differentkinds of founds, '• that the ear lofes its capacity of diftinguiming, " and the mind, overpowered with fo much " fweetnefs, cannot judge of the merit of what " it hears. When they have thus far departed " from the bounds of moderation, they are more " apt to excite unhallowed paflions than devout " affections in the hearts of men *»." Though this mufic was certainly very much mifplaced when it was introduced into the church ; yet if it really anfwered the defcripton which is here given of it, we cannot entertain a very contemp- tible opinion, either of the {kill of the compofers, or of the ability of the performers. civil By civil mulic is to be underftood that which

was in common ufe in civil fociety, for alleviat- ing the cares and labours of the poor, and exhi- larating the feftivities of the rich. The min- ftrels, a very numerous and much-refpecled order of men, were the profeffors and practi- tioners of this pleating art, from their excellence in which they derived all their honours and ad- vantages. Not being under the fame reflraint

19 Sarifburien. Policrat. 1. 1. c. 6. p. z8, 49.

with

Chap. 5. Sed. 2. THE ARTS.

with the compofers for the church, they indulged their imaginations, and invented tunes of many different kinds from the moil flow and folemtf, to the moft quick and joyous.

In general, as we are told by Giraldus Cam- Genhwof brenfis, the genius of the Englifh mufic was ff\™^ flow and grave, while that of the Scotch, Irifh, ferent and Welfh mufic, was quick and gay 7°. The BrUyh fame writer exprefles great furprife at the mafterly execution of thefe three lad nations on the harp : " It is wonderful, that in fuch quick and rapid " motions of the fingers any mufical proportion " is preferved, and that without violating any of " the rules of art, the mufic is rendered harmo- " nious, in the midfl of warbling and intricate " modulations, by founds, rapid yet fweet, un- " equal yet proportioned, difcordant yet confb- " nant, and the harmony is completed, whether *• they play upon fourth or fifths. They always " begin upon B flat, and return upon the fame, " which makes the whole uniformly fweet and " fonorous. They begin and end their modula- " tions with fo much delicacy, and intermix the " founds of the bafs firings, with the wanton " and fportive tinklings of the treble, in fuch a " manner that by the excellency of their art, " they even conceal their art. Hence it is " that thofe who are intimately acquainted with " the theory of mufic are penetrated and tranf- " ported with delight, while thofe who are

70 G. Cambreaf. Topograph. Hibtfrtu Lj. c.i.

" ignorant

HISTORY OF BRITAIN. Book III,

" ignorant of the rules of art are apt to be teafed " and wearied with what appears to them a *' confufed and noify jumble of difcordant " founds."71

Counter- From the account which is given by the fame point. writer, of the manner in /which the people of Wales, and of the north of England, fung their fongs, it feems to be very evident that they were not unacquainted with the laws, or at lead with the practice, of harmony, or counter-point : " In " Wales (fays he) they do not ling in one uni- " form mufical modulation, as in other places, " but in feveraL different tones or modulations, <e in fo much that in a company of lingers you " hear almoft as many different parts as there " are voices, all forming one pleafing delightful " harmony in B flat. The Englifti alfo, in the " country about York, and beyond the Hum- " ber, ufe a fimilar fymphonious harmony in " linging, confifting only of two parts, the one, " the deep murmuring bafs, the other, the high " and fweet-founding treble." 7Z

Mufical The chief, if not the only inftrument that was inftru- ufed in facred mufic, was the organ. We have already heard of a great and learned prelate, and his clergy, who fpent fome part of their time in making thefe inftruments, which indicates that they were efteemed neceffary at leaft in cathedral churches. The figures of two organs, of this

71 J. Sarifburien. Policrat. 1. x. c. 6. p. a8, 29. 71 G.Cambrenf. Defcript. Camb. c.ij. p. 890.

period,

Chap. 5. Sea. 2. THE ARTS.

period, differing confiderably in their ftru6ture from one another, and from thofe now in ufe, may be feen in the work quoted below 63. In civil mufic, if we may believe Giraldus Cam- brenfis, the Scots, Irifli, and Welfh, ufed but few inftruments : " The Irifli (fays that author) " ufe only two mufical inftruments, the harp " and the timbrel ; the Scots ufe three, the " harp, the timbrel, and the bag-pipe ; the " Welfh alfo ufe three, the harp, the pib-corn, " and the bag-pipe. The Irifli harps have brafs " firings. It is the opinion of many, that the " Scotch mufic at prefent not only equals, but " even very much excels the Irifli j for which " reafon they go to Scotland as to the fountain- " head of perfection in that art71.*' The Eng- lifh feem to have been acquainted with a greater variety of mufical inftruments, fome of which, it is probable, were introduced by the Normans. The violin is mentioned in books written in this period, and reprefented in illuminations75. Some of their violins had five firings. Mr. Strutt hath collected from illuminations, the figures of no fewer than fixteen different kinds of mufical inftruments, if fome of the figures do not reprefent different fizes of the fame inflru-

7J Mr.Strutt's View of the Manners, &c. vol.i. plate 3 3. fig. ia. vol. z. plate 6. fig. ay.

74 Girald. Cambren. Topograph. Hibern. 1.3. c.n. p. 739.

75 Du Cange doff. Voc. Vltula. Vita eft Thomae Cant. p. 14. Mr.Strutt's View of the Manners, vol.i. plate 33. fig. 7. vol. z. plate i. fig. 9.

ment.

HISTORY OF BRITAIN. Book III.

ment 76. The harp, however, feems to have been the favourite and mod admired inftrument of the Englifh, as well as of the other Britifh na- tions in this period. That was the inftrument to the found of which the minftrels, the admired muficians of this period, fung their fongs and poems. "

76 Mr. Strutt's View of the Manners, vol. a. plate 6.

77 See Dr. Percy's excellent Eflay on the ancient Englifh Minftrels.

THE

HISTORY

OF

GREAT BRITAIN.

BOOK III.

CHAP. VI.

The Hiftory of Commerce, Coin and Shipping, in Great Britain, from the landing of William Duke of Normandy, A.D. ic>66., to the death of King John, A. D. 1216.

NO apology is neceffary for introducing the Hiftory hiftory of Commerce into the hiftory of of com; Britain, which hath derived fo many advantages perfe(St. from that fource. But it is much to be re- gretted, that genuine authentic materials, for executing this part of my plan in this period, to the entire fatisfaclion of the reader, are very dif- ficult, if not impoffible, to be collected. All

our

256 HISTORY OF BRITAIN. Book III.

our ancient hiilorians being monks, they paid little attention to the affairs of trade, and drop- ped only a few incidental hints on this important fubjec~l. Let us attend to the information which thefe hints convey.

Commerce It hath been already obferved, that the foreign fiderabiTat trac^e °f Britain was almoft annihilated by the the con- departure of the Romans, that it continued in queft" a very languid ftate in the times of the hep- tarchy,— that it gradually revived after the efla- blifliment of the Englim monarchy, and that towards the end of the laft period it was not in- confiderable \ This laft circumflance is con- firmed by the teftimony of a contemporary hif- torian, William of Poi6lou, who was chaplain to the Duke of Normandy, and attended him in his expedition into England. " The Englilh " merchants add to the opulence of their coun- " try, rich in its own fertility, ftill greater " riches, and more valuable treafures, by im- " portation. Thefe imported treafures, which *' were confiderable both for their quantity and " quality, were either to have been hoarded up " to gratify their avarice, or to have been diffi- " pated to fatisfy their luxurious inclinations. " But William feized them, and beflowed part " of them on his victorious army, and part " of them on churches and monafteries. To " the Pope and church of Rome he fent an in- " credible mafs of money in gold and filver,

' See vol. 4. chap. 6.

10 " and

Chap. 6. COMMERCE, &c. 257

" and many ornaments that would have been " admired even at Conftantinople.'*2

It hath been difpnted, whether the Norman The con- conqueft was .an event favourable or unfavour- <iueft in able to the foreign commerce of Britain. The fpeas un- truth feems to be, that in fome refpecls it was, favourable and in others it was not favourable. Every mer°™ violent revolution muft give a temporary check to commerce, by fixing the attention of all the members of fbciety on other objects, and by rendering property precarious. The feudal form of government that was eftabliftied in England foon after the conqueft, had more of a martial than of a mercantile fpirit in it ; and was better calculated for defending a kingdom by arms, than for enriching it by commerce. The Conr queror himfelf having obtained his crown, and the great Norman barons their princely fortunes, by the fword, arms became the moft honourable and lucrative profeffion ; trade was held in Httle eftimation, and thofe who were engaged in it, were expofed to many injuries. Many of the chief towns in England, the greateft feats of trade, fuffered much between the conqueft, and the time when Doomfday-book was compofed 3. In all thefe refpe6ls the conqueft was unfriendly to commerce, and obftrucled its progrefs for fome time.

But, on the other hand, the conqueft contri- in other buted to increafe the trade of England, in fe-

2 W. Pi&aven. Geft. Gul. Duels Norman, p. 206.

3 See Brady on Burghs.

VOL. vi. s veral

favourable.

25 8 HISTORY OF BRITAIN. Book III.

veral ways, after the diforder infeparable from fuch revolutions was at an end. It opened a free communication with Normandy, and afterwards with feveral other rich provinces of France, which came under the dominion of our Anglo-Norman kings ; and this foon produced a brifk and con- ftant trade between England and thefe provinces. It made alfo a very great addition both to the {hips and failors of England, which are the chief inftruments of foreign trade. For William was fo far from burning the fleet in which he brought his army into England, as fome modern writers have affirmed, that his firft care was to erect for- tifications for its protection 4. The frequent ex- peditions of the Conqueror and his fucceffors to the continent, obliged them to give conftant at- tention to trade and maritime affairs. The fet- tlement of the Jews in England about the time of the conqueft, brought great fums of money into the kingdom, and contributed to increafe both its internal and foreign commerce, in which they were conftantly employed. s

Internal It is quite unneceffary to fpend any time in delineating the internal trade of Britain in this period, as there was little or nothing remarkable in the manner in which it was conducted. Fairs and markets, which are the principal fcenes of internal commerce, continued to be held in many places on Sundays 6, in fpite of all the ca-

4

4 W. Piflaven. p. 199. . V Anglia Judaica.

4 See vol.4. p.io4.

nons

Chap. 6. COMMERCE, &c. 259

nons that had been made againft it. This was one of the abufes which the famous preacher Euftace, Abbot of Flay in Normandy, came over into England to correct, A. D. 1200. ; and he was fo fuccefsful, that he prevailed upon the people of London, and of feveral other towns, not to hold their markets on Sundays 7. Brit we are informed by one of our bell hiftorians, that fome of thefe towns foon after returned to their former practices. 8

To prevent any degree of obfcurity or confu- Plan of fion in our delineation of the foreign trade of Britain in this period, it may be proper to con- fider the following particulars in the order in which they are here mentioned, i. The chief feats of trade ; 2. The mod valuable articles of its exports and imports; 3. The perfons by whom it was conducted ; 4. Laws and regula- tions refpe&ing trade; 5. Shipping; 6.Coin^ 7. The comparative value of money, prices of commodities, and expence of living; 8. The balance of trade.

London was unqueftionably the chief feat of trade in this, as- it had been in the former pe- riod. Situated on the noble river Thames, at no great dittance from the fea, amidft the moft •fertile plains of this ifland, it enjoyed every ad- vantage for importing the commodities of other countries, and exporting thofe of Britain in re- turn. Theie advantages were not negle6ted by

* R, Hoveden* p. 457. col. a. 8 M. Paris, ad ann. iaoo.

s 2 its

26o HISTORY OF BRITAIN. Book III.

its citizens, who were much addicted to trade, and* acquired fo much wealth and influence by it, that they were called barons, and refpe6led in the public affemblies of the kingdom, as pof- fefling a kind of nobility9. " London (fays " William of Malmfbury) is but about twenty- " five miles diftant from Rochefter. It is a " noble city, renowned for the riches of its " citizens, and crowded with merchants, who " come from all countries, and particularly " from Germany, with their merchandife 10." " In this city, (fays William Fitz-Stephen, in " his defcription of London,) merchants from " all nations under heaven refide, for the fake " of trade11." The great multitude of Jews who refided in London, and pofTefTed feveral en- tire ftreets, afford a further proof of the flourifh- ing ftate of trade in that city, in this period 12. For trade was almofl the only occupation of that people ; and they never fettled in great num- bers in any place, but where they either found or brought commerce.

Briftol. As Briftol had been a place of confiderable

trade in the Anglo-Saxon times '3, it continued to be fo in the prefent period. This we learn from William of Malmfbury, in his defcription of the vale of Gloucefler. " In the fame vale, '* is a very famous town named Briftow, in which

» W.Malmf.Hift. Novel. La. p.io6. coLj.

" W. Malmf. de Pontific. Angl. 1.2. p. 133. p. a.

11 W. Stephaned. in Vita T. Cant. Lond. edit. 17*3. p. 6.

12 Stow's Survey, b.3- p.j4, '-- See vol. 4. p.asS.

" there

Chap. 6. COMMERCE, &c. 261

" there is a fea-port, a fafe receptacle for fhips " from Ireland, Norway, and other foreign conn- "' tries j that this happy region, which abounds " fo much in its native riches, might not be de- " ftitute of the commodities procured by com- " merce 14." The trade between England and Ireland, which was for the mod part carried on by the merchants of Briftol, was fo great and fo effential to the fupport of the Irilh, that when it was interrupted, they were reduced to great diilrefs. " Murcard, monarch of Ireland, be- " haved a little haughtily towards Henry I. " I know not for what reafon ; but he was foon " humbled by a prohibition of all trade between " England and hisdominions. For how wretched " would Ireland be if no goods were imported " into it from England." IS

The Flemings, who were fettled in the fine Rofs. country of Rofs in Pembrokeshire by Henry I. were bold adventurous lailors, and much ad- . di6led to commerce. " They are (fays Giraldus " Cambrenfis) a people much ufed to the woollen <* manufacture, and to foreign trade ; and in " order to increafe their (lore, they fpare no " pains either by fea or land 'V The vicinity of the fpacious harbour of Milford-haven was probably a great advantage to this induftrious colony.

1 W. Malmf. de Pontific. Angl. 1.4. p. 161.

1S Id. 1.5.p.9i.

"' Oirald. Camhren. Itin. Camb. p. 848.

s 3 The

36* HISTORY OF BRITAIN. Book III.

Exeter. The city of Exeter appears to have been a

place of confiderable trade at the conqueft, and continued to enjoy that advantage through the whole of this period. When it was befieged by the Conqueror, A. D. 1068., the inhabitants com- pelled a great number of foreign merchants and mariners, who were then in their harbour, to afiift them in their defence 7. William of Malm£ bury acquaints us, that, in his time, though the foil about Exeter was fo barren that it hardly pro- duced a meagre crop of oats, yet its extenfive trade made it abound in every thing that contri- buted to the comfort of human life. 3 Cinque The five towns on the coafts of Kent and

P0"8' Suflex, commonly called the cinque ports , were certainly among the moft confiderable i'eats of foreign commerce in England, in this period. Their merchants, like thofe of London, en- joyed the honourable appellation of barons, which their reprefentatives in parliament itili enjoy10. Government depended very much upon them for a fleet on any emergency ; and they were obliged to furnim no fewer than fifty-fey en mips for the public fervice, at forty days notice, to continue fifteen days in that fervice, with their crews, at their own charges °. This is a fuffi- cient proof that they abounded in (hipping and failors, which they could not have done without

17 Orderic Vital, p. 5 10.

18 W. Malmf. Pontific. Angl. La. p. 145. coL 2.

'* Spelman. doff. p. 71. ro Liber Rub. Scaccarii.

a flourim,-

Chap. 6. COMMERCE, Ac. 265

a flourishing trade. The five towijs which ori- ginally formed the cinque-ports, were Haftings in SufTex, Dover, Hythe, Romuey, and Sand- wich in Kent ; to which were added Winchelfea and Rye as principals, and fome other towns an members, though they ftill retained the name of the cinque-ports from their original number21. We may form fome idea of the comparative, trade of thefe towns, by observing the number of mips which each was obliged to furnifh. Haftings (with its members) was obliged to furnim twenty-one mips; Romney (with its members) five ; Hythe and Sandwich (with their members) each five; and Dover (with its members) twenty one-2. For this important fervice to the ftate, the people of the cinque- ports had various honours and privileges con- ferred upon them. Their merchants were not only ilyled barons, but four of thefe barons had a title to fupport the canopy over the king on the day of his coronation, and to dine at a table on his right hand. The inhabitants of thefe towns were exempted from the feveral feudal fervitudes and preflations, and could be fued only in their own court *3. Thefe honours and privileges afford a proof, that the government of England, in this period, was not inattentive to the encouragement of trade and {hipping.

21 Camden Britan. vol. i. p. 254. " Hakluyt's Voyages, vol.i. p.ig. '•'• Camb. Britan. vol. i. p. 2541

s 4 When

264 HISTORY OF BRITAIN. Book 111.

Norwich, When Bifliop Herebert, in the reign of Wil- Lynn.OU *' ^am Rurus? removed the feat of his fee from Thetford to Norwich, that town, as we are told by William of Mahnfbury, was famous for the number of its inhabitants and the greatnefs of its commerce24. In the fame county, the town of Yarmouth abounded in (hips, and was a for- midable rival in power and commerce to the cinque-ports, though both its commerce and its (hipping increafed very much in the fucceeding period zs. The town of Lynn feelns to have poffeffed a flill greater (hare of foreign trade than Yarmouth, if we may rely on the teflimony of William of Newborough, who redded at no great diftance. That author tells us, that in the reign of Richard I. the town of Lynn was fa- mous for its riches and commerce, and was in- habited by many wealthy Jews ; who, being en- raged againft one of their nation who had em- braced Chriftianity, attempted to kill him, and afiaulted a church in which he had taken fhelter. This raifed a. tumult. A great multitude of fo- reign failors who were in the harbour, attacked the Jews, and beat them from the church with fome (laughter. Not contented with this, they plundered and then burnt feveral of their houfes, and having carried the plunder, which was of great value, on board their (hips, they imme-

W. Malmf. Pontific. Angl. p.136. Camb. Britan. vol. t. p-379.

diately

Chap. 6. COMMERCE, &c. 265

diately fet fail, in order to fecure, their booty, and efcape puni(hment. 26

Several places in Lincolnshire hadaconfiderable Lincoln, (hare of trade, in this period, which fome of them &c* have (ince loll, by the choking of their harbours, and other accidents. Lincoln, the capital of the county, was a rich and populous city ; and, though at a diftance from the fea, was not defti- tute of foreign trade, which was carried on by the navigable canal between the rivers Trent and Witham, made A.D. 1121., by order of Henry 1. 2? The towns of Grimfby, Saltfleet, Waynfleet, and Bofton, though they had much declined from what they had been in this period, fent fome Ihips to the fleet of Edward III., A.D. 1359. zs Bollon, in particular, was a very rich and flouri thing place before it was plundered and burnt in the reign of Edward 1. 29 The great numbers and riches of the Jews who relided at Lincoln, Stamford, and other towns in this county, plainly indicate that there was then a flouriming trade in thofe towns. 30

York, the northern capital of England, and York- relidence of Roman emperors, made a diftin- guithed figure in the Anglo-Saxon times, but was much reduced foon after the conqueft 3I. It

••• "-;JS

-*6 Gul. Neubrigen. 1.4. €.7. p. 367. -7 Simeon Dunelra. col 243. 1S Hakluyt's Voyages, vol. i. p.izo- a* Camden Britan. vol. i. p.4*3-

30 Gul. Neubrigen. 1.4. 0.8,9.

31 Simeon Dunelm. 001.39. J. Brompt. col. 965. Drake's Hif- tory of York.

revived

266 HISTORY OF BRITAIN. Book III.

revived however in a little time ; and William of Malmfbury tells us, that in the reign of King Stephen, when he wrote, it was become a place of great trade ; and that mips from Ireland and Germany failed up the river Oufe into the very heart of the city31. Great numbers of Jews fettled in York about this time, and acquired immenfe wealth by ufury and commerce, which, together with their magnificent houfes and fplendid way of living, excited the envy and indignation of the people to fuch a degree that they determined to deflroy them. As foon as the news of the flaughter of that people at the coronation of Richard I. reached York, the mob arofe, affaulted the Jews, plundered and burnt their houfes, killed many, and drove others in defpair to kill themfelves, after they had dif- patched their wives and children with their own hands33. This outrageous tumult, in which fome hundreds of Jews were killed, and their houfes, furniture, and riches, reduced to afties, feems to have been fatal to the trade of York, which declined fo faft, that it was able to fend only one fmall fhip, with nine mariners, to the fleet of Edward III. 34

Many Many other towns fituated on the fea-coafts

Ca~ anc^ naviga°le rivers of Britain, had their fhare of foreign trade in this period. But a more particular enumeration of them is unneceffary,

32 W. Malmf. Pontific. Angl. 1.3. Prolog, p. 147.

3) G. Neubrigen. 1.4. 0.9,10.

34 Hakluyt's Voyages, vol. i. p. 120.

and

Chap. 6. COMMERCE, &o.

and would be tedious. One of our ancient hifto- rians, referring to the times we are now deli- neating, hath the following exclamation : " Q " England ! thou waft lately equal to the an- " cient Chaldeans in power, profperity, and " glory. The ihips of Tarihilh could not be " compared with thy fhips, which brought thee " fpices, and every precious thing, from the " four corners of the world. The fea was to " thee an impregnable wall, and thy ports on " all fides as the well-fortified gates of a ftrong « caftle." 35

It is curious, and may be ufeful, to know what chief ar. were the mod valuable articles of the foreign *lcle.s of trade of Britain in every period. By this we trade. fhall at Jeail difcover wherein the fuperfluities and neceffities of our country confided from time to time, and in what manner the former were difpofed of, and the latter were fupplied.

Slaves ftill continued to be a capital article, Slaves ex- both in the internal and foreign trade of Britain. Ported- When an eflate was conveyed from one pro- prietor to another, all the villains or flaves an- oexed to that eftate, were conveyed at the fame time, and by the fame deed J6. When any per- fon had more children than he could maintain, or more domeftic flaves than he chofe to keep, he fold them to a merchant, who difpofed of them either at home or abroad, as he found

35 Matth. Weftminft. p. 240, 241.

36 Liber Niger ScaccarH, art. de Danegeldo. Regiam Majeftat. 1. a. c. ia» $ 3. kymer Feed. toin. t. p. 90.

would

26S HISTORY OF BRITAIN. Book III.

would be moft profitable. " It was a common " vice (fays Giraldus Cambrenfis) of the Eng- " lifh, when they were reduced to poverty, that " rather than endure it patiently, they expofed " their own children to Me 37." Many of thefe unhappy perfons were carried into Ireland, and no doubt into other countries, and there fold 38. A ftrong law was made againft this barbarous kind of commerce, in a great council held at St. Peter's, Weftminfter, A.D. 1102. "Let " no man, for the future, prefume to carry on " the wicked trade of felling men in markets, " like brute beafts, which hitherto hath been the " common culiom of England 39." But this law 'did not put an end to this trade in flaves. For in the great council held at Armagh, A.D. 1171., the whole clergy of Ireland, after having deli- berated long concerning the caufe of the cala- mities with which they were threatened by the invafion of the Englifh, at length agreed, that this great judgment had been inflicted upon them by the difpleafure of God, for the fins of the people, particularly for their having bought fo great a number of Englifli flaves from mer- chants, robbers, and pirates, and for detaining them dill in bondage. To appeafe therefore the divine difpleafure, which had been excited againft them on that account, they decreed, " That all " the Englifh flaves in the whole ifland of Ire-

37 Girald. Cambrenf. Hiberniae Expugnat, l.i. c. 18. p. 770.

38 Id. ibid. 39 Eadmer. Hift. Novor. 1.3. p. 68.

" land

Chap. 6. COMMERCE, &c.

" land mould be immediately emancipated, and " reftored to their former liberty." 40

Englifh horfes had been long admired and Horfes. coveted on the continent ; and fuch multitudes of them had been exported, that a law was made by King Athelftan, " That no man (hall ex- " port any horfes beyond feas, except fuch as he " defigns to give in prefents 4l." But this law, it is probable, did not continue long in force, efpecially after the conqueft, when the inter- courfe between this ifland and the continent was under no reftriclions, and our great barons had eftates in both countries. The very high price of horfes, efpecially of thofe which were ufed by the nobility in war and tournaments, is a pre- fumption that they were exported. A great baron named Amphitil Till, agreed to pay to King John, A. D. 1207., as a part of his ranfom, ten horfes, each worth thirty marks, equivalent to three hundred pounds of our money at prefent42. Whether any other animals were exported in this period or not, we are not informed.

Wool was for feveral centuries the moft va- wooland luable article of the Britifli exports. Gervafe de leather. Aldermanbury, in his accounts of the chamber- lainfliip of London, A. D. 1199., charges him- felf with twenty-three pounds twelve (hillings, which he had received from feveral merchants,

40 Wilkin. Concil. torn. i. p. 47 1.

41 Wilkin. Saxon. Legis, p. 52.

"' Rymeri Feed. torn. i. p. 146. col. a.

for

270 HISTORY OF BRITAIN. Book-Hi.

for leave to export wool and leather out of Eng- land 43. He alfo accounts for two hundred and twenty-five marks, which had arifen from the fale of forty-five facks of wool feized from the merchants, for attempting to export them with- out leave 44. Many other proofs, if it were ne- cefiary, might be produced, of the exportation of wool, woolfels, and leather, in this period. Woollen it is highly probable, if not abfolutely certain, doth.3" tnat woollen yarn, and even woollen cloth, were exported from England in this period. In the tenth year of Richard I., the chamberlain of London accounted for eleven marks, which had arifen from the fale of a parcel of woollen yarn feized from John de Birchamftede, becaufe he had attempted to export it to Flanders, contrary to the liberties of the city of London 4S. From this it appears, that woollen yarn was exported, and that the privilege of exporting it had been granted to the merchants of London. That the manufacture of woollen cloth was in a much more flourifhing flate in England in this than in the fucceeding period, there is the cleared evidence; which induced a well informed writer to fay, " That in the time of Henry II. and Richard I., " this kingdom greatly flourilhed in the art of ** manufacturing woollen cloth ; but by the " troublefome wars in the time of King John " and Henry III., and alfo of Edward I. and

43 Madox Hift. Excheq. « Id. ibid. * Id. ibid.

lot " Edward

Chap. 6. COMMERCE, Ac. 57!

" Edward II., this manufacture was wholly loft " and all our trade ran out in wool, woolfels, " and leather, carried out in fpecie46." The Flemings fettled in England feem to have ex- ported fome of the woollen cloths which they manufactured. For we are told by a contem- porary writer, that they applied with equal ar- dour to the woollen manufacture and to foreign trade. 47

Although agriculture was far from being in a Com. flourifhing ftate in Britain, in this period j yet, in favourable feafons, the natural fertility of the foil, even with imperfect cultivation, made it produce more corn than was neceffary for home confumption, and at thofe times conliderable quantities of it were exported. " Then (lays " one of our ancient hiflorians) England might " be called the ftore-houfe of Ceres, out of " which the world was fupplied with corn48." Many examples are to be found in the records of this period, of fines paid to the King, for licences to export corn ; which is a fufficient proof that it was at fome times an article of exportation. 49

Metals, particularly lead and tin, conftituted Metals. one of the moil valuable articles of exportation in the times we are now delineating. Almoft all the cathedral and abbey churches, together with

46 Sir Matth. Hale's primitive Original of Mankind, p. 167.

47 Girald. Cambren. Itin. Camb- p.848.

48 Gul. Pidlaven. p. no.

49 Madox Hifi. Excheq. p-313- 530, &c.

many

272 HISTORY OF BRITAIN. Book III.

many palaces and caftles in France, and other countries on the continent, are faid to have been covered with lead brought from England 5\ We may form fome idea of the great quantities of tin that were exported, from an article in the accounts of Henry de Cafteilun, chamberlain of London, A. D. 1198., in which he charges him- felf with three hundred and feventy-nine pounds eighteen millings, which he had received in fines from the merchants of London, for leave to export tin 5'. The royal revenues arifing from the tin-mines of Cornwall and Devonfhire, were valued at two thoufand marks a-year, equi- valent to ten thoufand pounds of our money ; and were granted, at that rate, to Queen Beren- garia, widow of Richard I. y

Other ar- Befides thefe capital articles of exportation, exporta- there were many others of fmaller value, as fait, tion. falmon, cheefe, honey, wax, tallow, &c. &c. as appears from the licences granted for export- ing them, which are dill extant in our records s?. But it is not neceflary to make this enumeration more perfect.

Imports. In return for the goods which they exported, the Britifti merchants of this period imported not only gold and filver, in coin and bullion, but feveral other commodities, for which they found

5 Hiftoire Literaire de la France, torn. 9. p. 221,

51 Madox Hift. Excheq. p. 531.

l Rymer. Feed. torn. i. p. 443.

Vf Madox Hift. Excheq. p. 530, &c,

a de-

Chap. 6. COMMERCE, &c.

a demand at home. It is proper to mention fome of the mofl valuable of thefe commodities.

As the EngliQi were not very famous for their Winei. fobriety in this period, we may be certain that wine was a faleable commodity, and made one of the mofl valuable articles of importation. " The French (fays William Fitz-Stephen) im- " port their wines into London, which they ex- " pofe to fale both in their fhips and in their " wine-cellars near the river 54." The duties payable on wines imported, called prifa vinorum (the price of wines), conflituted no inconfider- able branch of the royal revenue j and particular officers were appointed for collecting thefe du- ties ss. The importation of wines increafed very much after the marriage of Henry II. with Eleanor, heirefs of fome of the fineft provinces in the fouth of France, where the beft wines were produced s6. The wine-trade was become a matter of fo much importance in the begin- ning of King John's reign, that a law was made for regulating the prices of all the different kinds of wine, and twelve men appointed in each city, town, and borough, to fuperintend the execution of that law. *c By this means (fays a contem- " porary hiftorian) the land was filled with drink " and drunkards." "

54 W. Stephaned. Defcript. Civitat. London, p.5> 6.

55 Madox Hift. Excheq. p. 525, ja6.

56 Anderfon's Hift. Com. vol. I. p. 83.

57 Hoveden. Annal. p. 45 3.

VOL. vi. T Spiceries,

HISTORY OF BRITAIN. Book III.

Spiceries, Spiccries, drugs, and aromatics, of various kinds, the productions of the Eaft, were im- ported in considerable quantities in this period ; becaufe they were much ufed by perfons of rank and fortune in their meats and drinks, as well as by phyiicians in the compolition of their medi- cines s8. " The Sabeans (fays Fitz-Stephen) im- " port into London their frankincenfe and other " fpices j and from the rich country, about " Babylon, they bring the oil of palms 5 ." The fpice-trade formed fo capital a branch of the commerce of this period, that merchants in ge- neral are often called Jpeciarii in the barbarous Latin of thofe times. 60

Gold and Gold and precious ftones were imported from precious Egypt, Arabia, and other eaftern countries 6I. For though no gold was ufed at this time in coinage, much of it was ufed in manufactures of various kinds, by goldfmiths, jewellers, gilders, embroiderers, illuminators, and painters. The monks, in particular, were bitterly reproached by feveral writers, for expending fo much gold in gilding and illuminating books 6z. Many precepts of our ancient kings are dill extant, directing certain perfons to buy gold from the merchants for their ufe 63. The fheriiis of Lon-

18 Du Cange doff. voc. Species Aromata*

» W. Stephaned. p. 6.

*• Muratcr. Antiq. tom.a. DifTertat. 30. tora.a. p.$2i.

•' W. Stephaned. p. 6.

fl Martin. Ann. torn. 5. p. 1584. i6*j.

'* Anglia Judaica, p.ija.

don,

Chap. 6. COMMERCE, &c.

don, in the fecond year of Henry II,, paid fifty-. fix (hillings for gold to gild the King's bridles. 64

Silks, and other fine fabrics of the Eaft, were Silks. alfo imported ; but not in very great quantities, . becaufe they were ufed only by the church, the royal family, and perhaps by a few of the mofl wealthy barons 6s. Many cathedral and abbey churches were adorned with altar-cloths, veils, and curtains of filk, and had alfo veftments of it, in which their clergy officiated on fome oc- cafions 6S. It appears from the records of this period, that filks were purchafed from time to time for the ufe of the royal family67. At the conquefl, and for fome time after, filks were very dear and fcarce ; but manufactories of them having been eftabliflied in Sicily, Spain, Ma- jorca, and Ivica, in the courfe of the twelfth century, they became much cheaper and more common. e8

Tapeftry, together with linen and woollen Tapcfiry, cloths of the finer kinds, were among the Bri- linen»*c- tifli imports of this period. For though great quantities of woollen cloths were manufactured in England, and fome of them were exported ;. yet they feem to have been generally of the coarfefl kinds, and moll common colours ; while thofe of a finer texture, and more delicate co-

*4 Madox. Hift Exdieq.p. 230.

'* W. Stephaned. p. 6. Anderfon's Hift. Com. vol.i. p. ?f.

66 Anglia Sacra pafGm. ('7 Madox Hilr.Excheq. c.io, § la.

* HeTeden. Annal. p.jSa. col. a.

T 2 lours,

276 HISTORY OF BRITAIN. Book III,

lours, for the ufe of perfons of high rank, were imported from Flanders ; which was then fo fa- mous for the woollen manufacture, that it was called Flandria Textrix t9. Tapeftries for hang- ings were manufactured in the city of Arras, even in this period, and from thence imported into England 7°. Though linen, as well as woollen cloths, were manufactured in Britain ; yet it feems probable that the fineft linens were imported, as the firft notice we meet with of fine linen made in England is in the thirty-feventh of Henry IIL 7I

Furs. Furs of various kinds, and in great quanti-

ties, were imported from Norway, Ruffia, and other northern countries 7*. For furs were very much ufed, both by the clergy and laity : and all perfons who could afford to purchafe them had their winter garments lined with them 73. Some of thefe furs, particularly fables, bore a very high price, and could only be obtained by princes or prelates of the greatefl wealth. Ro- bert Bloit, Bifhop of Lincoln, made a prefent to Henry I. of a cloak of the fined cloth lined with fables, which cod no lefs than one hundred pounds, equivalent to fifteen hundred pounds of our money. '4

Dye-ftuffs, Dye-fluffs, particularly woad, may be reck- oned among the imports of Britain in this pe-

69 Gal. Vinefauf. p. 433. Gervas Chron. col- 1348. Madox Hift. Excheq. p. 25 4.

7I Id. p. 359. noteg. ?J W. Stephaned.

w Anglia Sacra, toiii.a. p.499. 74 Id. ibid. p. 417.

riod,

Chap. 6. COMMERCE, &c. 277

riod, which is an additional proof that the woollen manufacture was not neglected. Henry deCaftei- lun, who was chamberlain of the port of London, charged himfelf, in his accounts for A.D. 1197., with the fum of ninety-lix pounds fix (hillings and eight-pence, which he had received from certain merchants, for licences to import woad, and fell it in England ?6. The quantity of woad imported by thefe merchants mud have been very great, when they could afford to pay a fum equivalent to more than fourteen hundred pounds of our money at prefent, for their licences.

Befides gold and filver, other metals, particu- Metaii. larly iron and (leel, were imported into Britain from Germany, and other countries, in this pe- riod ?6. The German merchants of the Steel-yard in London, are thought by fome to have derived that name from the great quantities of iron and Heel which they imported, and fold at a place called the Steel-yard. 71

Though corn was exported from Britain in Corn' years of plenty, we have good reafon to believe that it was imported in flill greater quantities in times of fcarcity, which were but too frequent in our prefent period. The merchants of Lon- don fee m to have been the chief importers of corn ; for we are told by a contemporary writer, that they kept many granaries full of it in that ,

?s Madox HHLExcheq. p. 351. 53*' 7* W. Stephaned, p.6.

11 Anderfon's Hift. Com. voLi. p. 113.

T 3 Cltyj

278 HISTORY OF BRITAIN. Book III.

city ; and that from thefe granaries all parts of the kingdom were ftipplied 78. Several other ar- ticles of importation, as arms, books, pictures, &c. might be mentioned ; but it feems to be unnecefTarv, and would be tedious, to make this

•/ J

enumeration more particular.

Merchants- The internal trade of . England was managed chiefly by Anglo-Saxons and Anglo-Normans,who were natives of the country, and members of the . merchant guilds eftabliflied in the feveral towns and cities of the kingdom : but they do not feein to have had a great fliare in its foreign com- merce, which was for the mofl part in the hands of foreigners. Fitz-Stephen, who flourifhed in the reign of Henry II., acquaints us, in his de- fcription of London, that " in this city all nations " under heaven had factors redding for the ma- " nagement of their commerce." 79

J«ws. Great Numbers of Jews came from Normandy,

and other countries of the continent, foon after the conqueft, and fettling in all the trading towns of England, got pofleffion of a very great pro- portion of the commerce of the kingdom *•. Having larger capitals, greater knowledge of trade, and a more extenfive correfpondence with thofe of their own nation in other parts of Eu- rope, than the native Englifli merchants, they were able to underfell them in every market *'. By thefe means they acquired great riches j but

^ W Malmf. dePontifi:. Angl. 1.2. p. 133. col. a.

•» W. Stepluned. p. 6. te Aiiglia Jodaica, p. 4.

•' Jd.p.So.

at

Chap. 6. COMMERCE, &e.

at the fame time drew upon themfelves the indig- nation of the public, and the mofl opprefiive exactions of the government. For they and their families were confidered as the flaves, and all their poffeffions as the property, of the fovereign, which he might feize at pleafure, which he might even fell or mortgage like any other eftate8*. We may form fome idea of the great trade and riches of the Jews of this period, as well as of the oppreffions of the government, by obferving, that a particular exchequer, called the Exchequer of the Jews, was eflablifhed for receiving the prodigious fums extorted from them in cuftoms, fines, forfeitures, tallages, and various other ways83. To give one example, out of many, of the cruelty of the government towards the Jews, and of the great fums extorted from them, we are told, " That the King, A. D. 1210,, " commanded all the Jews in England, of both " fexes, to be imprifoned, in order to compel " them to pay him great fums of money. Some " of them, after they had been grievoufly tor. *' tured, furrendered all the money they had, " and even promifed more, to preferve them* *' felves from further tortures. Amongft others, " the King demanded ten thoufand marks (equi- " valent to one hundred thoufand pounds at " prefent) from a certain Jew of Briftol, and 14 commanded one of his teeth to be pulled out

** Anglia Judaica, p. 132. Wilkin. Concil. t.I. p. 313. Madox Hift.Excheq. chap. 7. p.ijo, &c.

T 4 " every

28o HISTORY OF BRITAIN. Book III.

*e every day till he paid that fura. The Jew held " out feven days, but fubmitted on the eighth, " and parted with his money to preferve the *' remainder of his teeth." 84

Chriftians All Chriflians, in this period, were prohibited, mittecUo both by the laws of the church and flate, from take in- lending money at intereft, which was called ufury; mone Or anc^ thofe wno were convicted of it were punifhed by excommunication, and the forfeiture of all their goods85. By thefe imprudent laws, the bufinefs of lending money was thrown into the hands of the Jews, from whence they derived the moft exorbitant profits, and in which they practifed the moft cruel exactions. For as the rate of intereft was not regulated by any law, they fet no bounds to their avarice, and took every advantage of the neceffities of thofe who applied to them for a loan of money. On fome occafions, if we are not mifinformed, they took no lefs than fifty per cent, per annum. This, though almofl incredible, is highly probable, from an order of Henry III. reftraining them from taking more than two pence in the week for every twenty millings they lent to the fcholars of Oxford, which is a little more than forty-three per cent. S6 From the following letter of the famous Peter of Blois, Archdeacon of Bath, to his friend the Bifhop of Ely, we may

** M.Paris, arm. liio. p. 160.

Ss Wilkin. Concil. tora.i. p. 313. M. Paris, p. 250. Hoveden. Anaal. p. 335. 86 Anglia Judaica, p.iaa.

form

Chap. 6. COMMERCE, &c.

form fome idea of the extreme feverity of the Jews to their unhappy debtors : " I am dragged to " Canterbury to be crucified by the perfidious " Jews, amongft their other debtors, whom they " ruin and torment with ufury. The fame fuf- " ferings await me alfo at London, if you do f< not mercifully interpofe for my deliverance. " I befeech you therefore, O moll reverend " father, and moft loving friend, to become " bound to Sampfon the Jew, for fix pounds, " which I owe him, and thereby deliver me " from that crofs *7." After this we need not be furprifed, either at the prodigious opulence of the Jews, or at the univerfal execration in which they were held.

The German merchants of the Steel-yard, Germans, who had been fettled in London before the con- queft, continued in the fame place, and enjoyed the fame privileges, after that event 8S. For Fitz- Stephen, who flourished about the middle of the twelfth century, fays, in his defcription of Lon- don, that the merchants of all nations had their diftant keys and wharfs in that city ; and, parti, cularly, that the Germans had the Steel-yard 89. But as the fociety of the merchants of the Steel- yard made a more confpicuous figure in the next period, we fhall infert a more particular ac- count of it in our next book.

87 Epiftolse P.Blefenf. Ep.I56. p. 242.

K See vol. p. *3 1. •» . W. Stephancd. Defcript. Lond. p. 5.

The

HISTORY OF BRITAIN. Book III.

Italians. The trade of Venice, Pifa, Genoa, Amalphi, and fome other cities of Italy, was, in this period, in a very flouriming (late90. The truth is, that almoft all the commerce between Aria, . Africa, and Europe, was in the hands of the merchants of thefe cities, who exported the fuperfluities of Europe, and brought home the fpices, gold, filks, and other precious commo- dities of the Eaft, which they fent into every country where they could find a market, and particularly into Britain. For the management of this trade, companies of Italian merchants were fettled in London, and perhaps in fome other towns.

Caurfmi. Amongfl thefe companies the Caurfini were the moft famous about the end of this and the beginning of the next period. It is imagined, that they were called Caurfini, becaufe many of them belonged to a numerous and opulent family of that name in Italy 9I. However this may be, the Caurfini in England, by departing from the proper bufinefs of merchants, and becoming agents for the Pope in his ufurious tran factions, rendered themfelves as odious as the Jews92. But a more full account of this fociety, as well as that of the Lombards, lhall be given in the fixth chapter of our next book.

Barons Some of the great barons of England, among

merchants, the officers of their lioufehold, had one who wai

JCV Murator. Antiq. torn. 2. p. 88.3, &c.

9' Du Cange doff. voc. Caurfini.

»' M. Paris, p. a86. M. Weftrainft. aim. 1135. p. 134.

called

tions.

Chap. 6. COMMERCE, &c. 283

called the Merchant, who tranfacled all the mer- cantile bufinefs of the baron to whom he be- longed; difpofing of his corn, cattle, and every thing he had to fell ; and purchafing cloths, wines, fpices, and every thing elfe he wanted to buy. It appears from records, that thefe baro- nial merchants even engaged in foreign trade, and imported wines and other goods, for which they were liable to pay cuftoms. °3

Commerce had been an object of the attention Mercan- of government, and a fubject of legiflation, in 4ile resu1*- the Anglo-Saxon times, and continued to be fo in the prefent period 94. It was one of the firft cares of the Conqueror to encourage trade. With this view he publiihed a proclamation, in- viting foreign merchants to frequent the ports of England, and promifing them the moft perfect fecurity for their goods and perfons95. This prince adopted feveral Anglo-Saxon regulations, with refpect to trade, into his own laws, and in- forced them by his authority. By one of thefe laws, it is decreed, " That no live cattle lhall " be bought or fold, but in cities, and before "three creditable witnerTes ;" by another, " That all fairs and markets fhall be kept in "fortified cities, towns, or caftlesg(." Thefe laws were inconvenient ; but they were neceffary in thofe turbulent times. The Conqueror alfo

" Madox Hift. Excheq. p-ja9. note (*).

»* See book 2. chap. 6. *5 W. Pi<5taven. p. ao8.

*5 Selcieni Spicilegium in Eadmcr, p, 191.

prohi-

.284 HISTORY OF BRITAIN. Book III.

prohibited the felling of Chriftian flaves to in- fidels : but this prohibition, it is probable, was not much regarded97. We know of no laws refpe&ing trade made by William II. j but his fucceffor Henry I., was more attentive to that important object. By the ancient law and cuf- tom of England, when a (hip was wrecked on the coafl, if thofe who efcaped from it did not re- turn to it within a limited time, the fhip and cargo became the property of the lord of the manor. This moft unjuil and cruel law was abrogated by Henry I., who decreed, that if one man efcaped alive out of the wreck, the lord of the manor mould have no claim either to the fhip or cargo. 98

But this juft and merciful regulation was very difagreeable to many of the rapacious barons, and was quite difregarded after the death of the prince by whom it was made, till it was revived by his grandfon Henry II. " That prince (as " we are told by one of our ancient hiftorians), " in the very beginning of his reign, aboliflied " the cruel cuftom toward fhipwrecked failors, " which had too long prevailed ; and com- " manded that thofe who efcaped from the " dangers of the fea, mould be treated with " kindnefs ; and that fuch as did them any in- *e jury, or feized any of their goods, fhould be " feverely punifhed "." A law which doth

91 Seldeni Spicilegium in Eadmer, p. 191. »* Seldeni Opera, torn. 4. p. 1009. * W. Neubrigen, 1.2. c.a6. p«34i.

much

Chap. 6. COMMERCE, &c. 285

much honour both to the wifdom and humanity of its author. However this may be, it is cer- tain, that Henry II., A. D. 1174., promulgated the three following regulations on this fubje6l : i. That if but one man efcaped from a fhip alive, that fhip and cargo could not be con- fidered as a wreck, but mould be kept for the ufe of the owners. 2. Though no man efcaped alive, yet if any animal efcaped, or was found in a fhip alive, the fhip and cargo mould be committed to the cuftody of four perfons of credit, to be kept three months, to be delivered to the owners if they appeared within that time, or to the King at the end of it, if the owners did not appear. 3. But if neither man nor beaft efcaped alive, the fhip and cargo mould belong to the King, or to the perfon having right to wreck at that place I0°. This prince cultivated the friendfhip of the Emperor Frederick BarbarofTa, to whom he fent a fplendid embafiy, with magnificent prefents, A. D. 1 157., with a view to promote a free trade between their fubje6ls I01. To prevent the diminution of the mips and failors of his kingdom, which he knew to be fo neceflary both for its defence and trade, Henry II., A.D. 1181., commanded his juflices itinerant, " to give a *6 ftri6t charge in every county, that no man, as " he valued his life and fortune, mould buy or " fell any fhip to be carried out of England, or

"• Rym. Feed, tom.i. p. 36.

101 Radevic. Frifingcnf. 1,1.0.7. P-a^j.

« fhould

286 HISTORY OF BRITAIN. Book IH.

Cfi fhould fend, or cauf'e to be fent, any mariner " out of England." I0*

By Rich- The importance of trade to the profperity of the kingdom becoming more confpicuous, Richard I. paid great attention to it, and made many mer- caatile regulations. The laws and regulations, publiflied by this prince at Chinon in France, A. D. 1189., for the government of his great fleet in his expedition into the Holy Land, are very curious, but too long to be here inferted ; and being rather of a martial than a mercantile nature, do not fo properly belong to our prefent fubje6l. By the lafl of thefe laws, it is decreed, " That whoever is convicted of theft, lhall " have Ixis head fhaved, melted pitch poured " upon it, and the feathers from a pillow fliaken " over it, that he may be known j and mail be " put on more on the fir ft land at which the fliip " touches IC-." The famous maritime laws cal- led The Laws of Oleron, as it is aflerted by many modern authors, were promulgated by this prince on that ifland, at his return from the Holy Land.; but on what foundation this affer- tion is built, I have not been able to difcover I04. Thefe laws, which are forty-feven in number, are evidently very ancient, and no lefs prudent, humane, and jufl ; though feveral of them, from a change of manners and circumftances,

'•' Benedi&. Abbas, torn. r. p. 3 68.

103 Rym. Feed. torn. 4. p. 65. Brompt. Chron. 001.1173. Ie* Godolphin's View of the Admiral Jurifdi&ion, p. 14. Ander- fon's Hift. Cora. vol. i. p. 96.

14 are

Chap. 6. COMMERCE, Set. 2g/

are now obfolete Ios. We have better evidence that Richard I. made various mercantile regula-. tions, foon after his return into England from his unfortunate expedition into the Earl. By the firft of thefe regulations he commanded the fea- ports to be carefully guarded that no corn or provilions of any kind might be exported either in Englifh or foreign bottoms. But this was only a temporary prohibition, to prevent a fa- mine, with which England was then threatened. Having fet forth the great inconveniencies arif- ing from the diverfity of weights and meafures in different parts of the kingdom, he, by a law, commanded all meafures of corn, and other dry- goods, as alfo of liquors, to be exactly the fame in all his dominions ; and that the rim of each of thefe meafures ihould be a circle of iron. By another law, he commanded all cloth to be woven two yards in breadth within the lifts, and of equal goodnefs in all parts j and that all cloth which did not anfvver this defcription, fhould be feized and burnt. He enacted further, That all the coin of the kingdom mould be exactly of the fame weight and finenefs, that no Chriftian fliould take any intereft for money lent j and to prevent the extortions of the Jews, he com* manded that all compacts between Chriflians and Jews mould be made in the prefence of witneffes, and the conditions of them put in writing, of which three copies ihould be made,

us Qodolphin Append, p. 163.

one

288 HISTORY OF BRITAIN. Book III.

one to be lodged in a public repofitory, and one to be given to each party ie6. Many of thefe regulations were wife and ufeful, but forne of them were tinctured with the prejudices of the times.

ReguU- If there was any thing commendable in the King John, character of King John, it was his attention to maritime and mercantile affairs. Of this he gave a proof, foon after his acceffion to the throne, by publifhing the famous edict of Haftings, A. D. 1200., in which he afTerted his dominion over the Britifti feas in the ftrongeft terms, and commanded his captains to feize all fliips which did not flrike their topfails to them, to confifcate their cargoes, and imprifon their crews, even though they were the fubjects of a power in friendfhip with England IC7. In a word, the attention of this prince to maritime affairs was fuch, that he was ferved with zeal and fidelity by his failors, when he was abandoned by almoll all his other fubjects lo8. It is a fuffi- cient evidence of this, that, at a time when his affairs were in the moil defperate flate on fhore, his fleet deftroyed the whole naval power of France, and fent home no fewer than three hundred fail of French fhips which had been taken I09. King John contributed alfo to the im- provement of commerce, by eftablifhing guilds

106 Hoveden. Annal. p. 440. col. a. Brompt. Chron. col. 1258. 1<rj Seldeni Mare claufum, 1. 2. c.a6. p. 265. 101 M.Paris, p. 184. Campbell's Lives of the Admirals, rol. i. €.4. £.146. IC» M, Trivet. Annal. ad ann.i»i4.

ii or

Chap. 6. COMMERCE, &c. 589

or focieties of merchants, with various privileges and immunities, in all parts of the kingdom, where there was any confiderable trade II0. By the forty-firft article of Magna Charta, foreign merchants are fecured againll all violence, arid every illegal exaction, in times of peace ; and it is declared, that when a war breaks out, they lhali be treated in England in the fame manner in which the Englifh merchants are treated in the enemy's country. '"

As mips are the chief inftruments of foreign Shipping, trade, the ftate of the fhipping of this ifland is an object worthy of fome attention in every period of its hiftory.

We conjectured, rather than affirmed, that the fhipping of England amounted to two or three thoufand vefiels, from twenty to one hundred tons, at the conclufion of the former period II2. Whatever may be in this conjecture, there is fufficient evidence, that, in the courfe of the period we are now delineating, the fhips belonging to Britain became more numerous, of a larger lize, and better conflruction, than they had been before the conquefi.

The very fleet which brought over the Duke of More nu- Normandy and his army into England, made a "jj6™"5^ great addition to the Englifh fhipping. Some former of our ancient hiftorians affirm, that this fleet Period* confrfted of no fewer than three thoufand fliips1'3.

IIO'Brady on Burghs, pafTim. '" Magna Charta, ch.4i.

112 See vol.4, p. 234- "' Ypodigma Neuftm?, p.436.

VOL, vi. tf Though

HISTORY OF BRITAIN. Book III.

Though this may be an exaggeration, we may be certain that the tranfportation of fixty thou- fand men, with their horfes, arms, and other neceflaries, required a very numerous fleet of fuch fmall mips as were then in ufe. Some of thefe fliips were carried back to the continent ; but the greatefl part of them, together with their crews, remained in England, and made a great addition to its naval power. The frequent voyages of our Anglo-Norman kings, between this ifland and their dominions on the continent, attended by large armies, chiefly compofed of cavalry, rendered numerous fleets abfolutely ne- ceflary. Thefe, it is true, bore a greater re- femblance to fleets of tranfports, than to the royal navies of the prefent times. For they confided chiefly of merchant-lhips, collected together when it was neceffary, and difmifTed as foon as the fervice was performed II4. But the very poffibility of collecting together a fleet of feveral hundred mips, in a few weeks, affords a dcmonflration that England abounded in fhip- ping in this period.

Defcrip- The Anglo-Saxon mips were very fmall, and th°" ft1 ^ai fr°m being perfect in their conftruction ll*. But the Engliih mips of this period appear to have been both larger and better built. Thofe of the largeft iize, and ftrongeft conftrudlion, were called dromones116. The famous Saracen

II+ M. Paris, ad an. 1213, p. i6z.

115 Mr. Strutt's View, &c. vol. i. plate 9. fig. i. ,

*16 Gauf. Vinefauf. l.a. c.z6. p. 31 6.

14 fliip

Chap. 6. COMMERCE, &c.

fliip which was taken by Richard I. fiear the port of Aeon, was of this kind ; and mud have been of an enormous magnitude, as it contained no fewer than fifteen hundred men "7. Thofe dro- mones had three mails, and are faid to have failed very flowly, being too lofty to make ufe of oars. Ships of the fecond rate, called vuffce or buccce, were alfo large veflels, and had three mafts ll8. Galleys were of various kinds, and different de- grees of magnitude ; but they all made ufe of oars as well as fails II9. The (hips mod com- monly uied in trade, both at fea and on large rivers, were called barcce, or barks ; and thofe of them which were of the fmallefl fize were called barbottce li°. All thefe veflels had decks, for lecuring the goods with which they were loaded, from the injuries of the fea. Belides thefe, they had boats of different kinds and dimenfions, for plying on rivers, for fiming, and for other purpofes.111

That the Engliih fhips of this period had the Engiifh reputation of being excellent in their feveral vs™uc kinds, is at leaft highly probable, from the law of Henry II. which prohibited the felling of them to foreigners I2i. We are told by a con- temporary author, who was prefent at Meffina, in Sicily, with Richard I., in his way to the

117 M. Paris, p. 115. col. I. "' Du Cange GloJT. voc. BuJJa.

09 Id. ibid. voc. Galea. '" Id. ibid, in voc. Bare*, Barbotta* '" See Mr. Strutt's View, &c. vol. I. plate 3*. . .

*" Benedidl. Abbas, p. 368.

u 2 Hply

292 HISTORY OF BRITAIN, Book IIL

Holy Land, that the people of that city were filled with admiration at the number, beauty, and magnitude, of the fhips of which that monarch's fleet was compofed ; and declared, that fo fine a fleet had never been feen, and probably never would be feen in the harbour of Medina123. This was indeed a very gallant fleet. It confuted of thirteen fhips of the largefl kind, called dromones, one hundred and fifty of the fecond rate, called btt/fte, fifty-three galleys, befides a great number of tenders l24. Such a fleet would make no con- temptible appearance even in modern times. As the Britifli fhips were better built, fo they

ceied C: were alfo better navigated, in this than in the thofeof preceding period. The Englifh failors were countries mucn admired, both at home and abroad, for their dexterity and courage j which produced ' the law of Henry II., prohibiting them from entering into foreign fervice 12S. Geofrey of Vinefauf, who accompanied Richard I. in his expedition into the Holy Land, afcribes the prefervation of that prince from fhipwreck in a llorm, to the uncommon fkill and courage of his failors, " who did every thing that it was " poffible for human art to do, to refifl the fury- " of the winds126." This character, which the Englifli failors fo early acquire^, they have long retained, and I hope will never forfeit.

113 Gauf. Vinefauf. 1.2. c. a6. p. 316.

"4 J. Brompt. col. 1197. R. de Diceto, col. 65?.

125 Benedia. Abbas, p-363.

126 G. Vinefauf. J. a. c.jy. p-31?,

II It

Chap. 6. COMMERCE, &c. 293

It is a little uncertain, whether or not the Mariners Englifh failors towards the end of this period, compaf9' had the advantage of the mariners compafs to guide them in their voyages. For neither the perfon who invented that moft ufeful inllrument, nor the time when it was invented, are ve'rj well known. It is however certain, that it had been difcovered about the end of the twelfth, or the beginning of the thirteenth century, that a needle touched with a loadftone pointed towards the north ; and that endeavours were then ufed to apply this difcovery to navigation, though the mod convenient way of doing it was not then invented. For Hugh de Bercy, a French poet, who flourimed in the former part of the thir- teenth century, mentions this property of a needle touched with a loadftone very plainly, and defcribes an inftroment called la mari?iiere, ufed by the failors of his time, in which the needle was placed upon a board that floated in a veffel of water. "7

If fhips and failors are neceffary to foreign Money. trade, efpecially in an ifland, money is no lefs neceffary both to foreign and internal commerce. It hath long been the common meafure of all commodities, and the chief inftrument of their circulation, and muft therefore never be ne- glected in the hiftory of trade.

"? Pafquier Recherches dela France, 1,4. c. 25. p. 405.

u 3 Living

294 HISTORY OF BRITAIN. Book III,

Living Living money, which made fo great a figure

in the former is feldom or never mentioned by the writers of the prefent period 128. For when coin became common, the conveniency of it, as a reprefentative of all commodities, appeared fo great, that all others were foon laid afide.

Changes The full account that hath been given of the feveral denominations of money, and of the real

queft. coins that were ufed in Britain in the preceding period, makes it unneceffary to fay much on thefe fubjecls in the prefent; becaufethe changes made in them by the conqueft were but few and inconfiderable. Thefe changes were the follow- ing I29. Some denominations of money, as man- cuffes, oras, and thrimfas, that were common in the Anglo-Saxon times, fell into difufe, and are feldom mentioned by the writers after the con- queft. If the mancus of gold was a real coin among the Anglo-Saxons, which is not very cer- tain, it ceafed to be coined after the conqueft ; for there is not the lead veftige of fuch a coin among the Anglo-Normans : nor do we hear any thing of the copper-coin called a Jiica after the conqueft.

Pound. The Tower pound, which had been the money

pound of the Anglo-Saxons, continued to be the money pound of England for feveral centu- ries after the conqueft 13°. This pound was three fourths of an ounce lighter than the Troy pound*

la8 See vol. 4. p. 243^ Id. p. 345—379.

v* FoHces on Coins, p.

to

Chap. 6. COMMERCE, &c. 295

to which it was in the proportion of fifteen to lixteen. It was divided into twelve ounces, each ounce weighing 450 Troy grains, which made 5400 fuch grains in the pound131. Whenever therefore a pound of money is mentioned by the writers of this period, it fignifies as many iilver coins as weighed 5400 Troy grains ; or, in other words, a Tower pound weight of iilver coins. The pound was both the largeft and mod com- mon denomination of money.

The mark is another denomination of money, Mark. which is frequently mentioned in the hiftories and records of this period. It weighed exactly two thirds of a Tower pound ; and was the fame with the Anglo-Danifh mark, which hath been fully defcribed already. 13Z

The milling was not a real coin, but only a de- Shilling. nomination of money, in this period, whatever it might have been in the former. The Anglo- Norman milling was alfo very different in its weight and value from the Anglo-Saxon. The largeft of the latter weighed only 112$ Troy grains, whereas the former reprefented as many Silver coins as weighed 270 of the fame grains, or the twentieth part of a Tower pound.

The penny was by far the mod common real Penny. coin in the prefent period. Every Tower pound of lilver was coined into two hundred and forty of thefe pennies, each weighing 22* Troy grains. Twelve of thefe pennies, weighing 270 grains,

131 See vol. 4. p. 251. vt Id. p.*jg.

u 4 were

296

HISTORY OF BRITAIN.

Book III.

Halfpen- nies and farthings.

were paid for one fhilling I33. In a word, the Anglo-Norman penny was the fame in weight with the Anglo-Saxon. Many of the former, as well as fome of the latter are dill preferred, and have been publifhed. I34

Though the filver penny of this period wasl>ut a fmall coin ; yet it was of confiderable value, and would have purchafedas much provifions, or other goods, as four or five of our millings will do at prefent. To have had no fmaller coins than pen- nies, would have been very inconvenient to the poor in the purchafe of provifions and other ne- cefTaries. We may be certain, therefore, that filver half-pennies and farthings were coined in this, as well as in the former period ; though few or none of thefe fmall coins of fome of our Nor- man kings have been preferved. It feems proba- ble, however, that the fmaller coins were fome- times very fcarce, and that the people had been accuftomed to cut or break filver pennies into halves and quarters, which pafled for half-pennies and farthings. For Henry L, A.D. 1 108., prohi- bited this practice ; and commanded, that all half- pennies and farthings, as well as pennies, fhould be entire and round I3S. It appears alfo, that this law did not put an end to the practice of cutting pennies into halves and quarters, but that it continued through the whole of this period ; becaufe we meet with a law againfl it in the reign of Edward I. A.D. 1279. '36

133 Folkes on Coins, p.j. *JS Simeon Dunelm. col. 331.

'^ Id. vol. «.

Ij6 M.Weftminft.p.367-

In

Chap. 6. COMMERCE, &c. 2Q7

In the courfe of this period, thejilver penny Sterling is fometimes called an efterling orjferling ; and money* good money in general is fometimes called e/ler* ling or Jlerling money I37. It is unneceffary to mention the various conjectures of antiquaries about the origin and meaning of this appellation. The moft probable opinion feems to be this, that fome artifts from Germany, who were called IZ/ierlings, from the iituation of their country, had been employed in fabricating our money, which confided chiefly of filver pennies ; and that from them the penny was called an efterling, and our money efterling or Jlerling money. I3S

As the filver coins of England in this and the Standard. former period, were of the fame kinds, and of the fame weights, they were alfo of the fame ftandard or degree of finenefs. Both our Anglo- Saxon and Anglo-Norman princes paid great at- tention to the purity of their coin, and punilhed thofe who attempted to debafe it, with great fe- verity139. Henry 1L, A.D. 1180., called in all the coin, bccaufe fome of it had been debafed j and iflued new money, which was to be the only current coin of the kingdom. ***

Coining money was not confined to one place Money in England, as it is at prefent, but was pra&ifed ™ntjS "J in every town of any confiderable trade. The

137 Spelman. Gloff. voc. Eflerlingus. '3* Id. ibid.

139 See vol. 4. p-a77« Hen. Knyghton> col. 2377. Gerva* Chron. «ol. 1457-

HO Benedidl. Abbas, ad aim. 1 1 80.

workmen,

298 HISTORY OF BRITAIN. Book III,

workmen, however, who were employed in coin- ing, did not enjoy the fame liberty with other artifts, of following their own fancies, and mak- ing fuch coins as they pleafed; but they received all their dyes from the exchequer, and they wrought under the infpe6lion of officers, who were called examinatores monetce, and cujlodes cuneorum, " Efiayers and keepers of the dyes," , whofe bufinefs it was, to take care that their coins were of the ftandard weight and finenefs. All thefe workmen, together with the eflayers and keepers of the dyes, in all the different mints, were under the immediate direction of the barons of the exchequer ; who, from time to time, commanded them to appear before them with their implements of coining. Thus, in the 9th of King John, writs were iffued by the ba- rons of the exchequer, commanding all the mo- neyours, efTayers, and keepers of the dyes, in London, Winchefler, Exeter, Chichefter, Can- terbury, Rochefter, Ipfwich, Norwich, Lynn, Lincoln, York, Carlifle, Northampton, Ox- ford, St. Edmunds, and Durham, to appeal- before them at Weftminfter, in the quinzieme of St. Denys, and to bring with them all their dyes fealed up with their feals. 141

Coins of Though it is highly probable that money was thefame coined in Scotland before the beginning of this with thofe period ; yet as none of that ancient money hath i°arJnS~ keen difcovered, nothing certain can be faid on

'*' Madox Hift. Excheq. chap. 9. p. 198.

that

Chap. 6. COMMERCE, &c. 299

that fubjecV41. Nor have any coins of Mal- colm Canmore, or of his three fucceflbrs, Do- nald, Duncan, and Edgar, kings of Scotland, yet appeared ; the moft ancient Scotch coins that are known being thofe of Alexander L, who began his reign A. D. no/.143 From that sera the femes is almofl complete144. It is unne- ceffary to fpend one moment in defcribing the money of Scotland, in this period, as it was exactly the fame in weight, finenefs, and fabrica- tion, with that of England, already defcribed.

If any gold was coined in Britain in the times NO gold we are now confidering, it hath difappeared. cojned itt For no gold coins of any of the kings who r;od.pe reigned in England, in this period, have been yet difcovered, nor are any fuch coins mentioned by the contemporary hiflorians. But foreign gold coins, of the fame kinds which had circulated among the Anglo-Saxons, ftill continued to cir- culate through the whole of this period. Thefe were commonly called Byzants, or Byzantines, and have been defcribed in the fixth chapter of the fecond book of this work. I4S

The proportion of gold to filver appears to Propor- have been as one to nine. The Abbot of Thorney tion of being obliged to pay to King Stephen yearly, for elver, the privilege of a market at Jakefley, one mark of gold, paid nine marks of (ilver, and was di£

142 See vol. 4. p. 282.

1+3 Anderfon Diplomata Scoti*; Prsefat. p. 5 7.

•** Id. plate 157, &c. '43 gee vol. 4. p.374-

charged.

300 HISTORY OF BRITAIN. Book III.

charged148. The fame proportion was obferved in the fucceeding reign. For Peter Turk paid fix pounds of filver into the exchequer, for one mark of gold, which he owed to Henry II. I47 The cheapnefs of gold, in this period, feems to be an indication of its abundance in proportion to filver.

Different The moft natural and eafy way of paying any paying fu^i of money, is to pay as many real coins of

or filver as are nominally and legally con- tained in that fum. This is called paying by tale j and is almoft the only method now in ufe. But as the real value of coins, in fome periods, may fall confiderably fliort of their nominal va- lue, either by a deficiency in their weight, or finenefs, or in both, it becomes neceflary, at thofe times, to contrive fome method to guard againft this deception. Several methods were ufed for this purpofe, in the times we are now confidering, by thofe who received the royal re- venues at the exchequer, and probably by all who had extenfive dealings in money. Increment. When the coins offered to the receivers at the exchequer appeared to them fufficiently pure, but a little lighter than the ilandard, they con- tented themfelves with demanding and receiving fix filver pennies in every pound, more than was nominally contained in it, to make up the fup- pofed deficiency in the weight. For example, they demanded and received two hundred and

«* Madox Hift. Excheq; '«' Id. ibid.

forty-

Chap. 6. COMMERCE, &c. 301

forty-fix filver pennies for one pound, inftead of two hundred and forty pennies, which made a nominal pound. The fix filver pennies extraor- dinary were called the increment ; and this way of paying was called paying adjcalam, and was an eafy and amicable method of adjufting the difference between the legal and real weight of coins. I4S

When the coins prefented in payment at the By weight, exchequer appeared to be fo much diminimed that the ordinary increment would not make up the deficiency, they were put into the fcales, and taken by weight, without any regard to number. This was called payment ad pen/umt and was certainly the moll juft. 149

But as coins might be defective in finenefs as By com- well as in weight, the receivers at the exchequer buftion* fometimes melted a few of them by way of trial, and calculated the value of the whole, according to the iffue of that trial. This was called pay. ment by combuftion ; and when a quantity of coins had undergone this trial, they were faid to be blanched. To prevent the trouble of melting, a certain allowance, as one milling in the pound, was fometimes offered, and accepted, to make up the deficiency in finenefs 15°. There were proper officers in the exchequer for performing thefe operations, fuch as a pefour for weighing, a fufor for melting the coins that were to be

148 Madox Hitt. Excbeq. ch-9. p. 187. '*» Id. ibid.

lio Id. ibid.

tried ;

202 HISTORY OF BRITAIN. Book III.

tried ; and thefe officers were furnifhed with proper inflruments and conveniences for their refpe6live works. ISI

Manner of It will readily occur to every reader, that payments ^efe different modes of payment made a very effential difference both to the debtor and cre- ditor, efpecially in large linns; becaufe it re- quired a greater number of the fame kind of coins to pay the fame debt in one way than another. For this reafon in making bargains, and fettling the rents of farms, &c. it was ufual to ftipulate in which of thefe ways the money was to be paid, by tale, by fcale, by weight, or by combuftlon. JS*

Compara- If the fame nominal fum of money had always tive value contained the fame quantity of the precious me-

of money.

tals, of the fame finenefs, we might ealily and certainly have difcovered the comparative value of money, and expence of living, at any two periods, only by comparing the nominal prices of labour and commodities at thefe different times. But this hath not been the cafe. The fame nominal fum of money, as a pound, a mark, a milling, &c. hath at fome periods con- tained a greater, and at others a fmaller quan- tity of lilver, to fay nothing of its different de- grees of finenefs. In order therefore to difcover the comparative value of money, and expence of living, at any two periods, two things muft be taken into the account: ift, The quantity of

151 Madox Hift. Excheq. ch. 9. p. 197. «* Id. ibid.

filver

Chap. 6. COMMERCE, &c. 303

lilver contained in the fame norm'nal fum at each of thefe periods ; and, 2ndly, the efficacy or power of the fame quantity of filver in pur- chafing labour and commodities of all kinds at each period.

Any nominal fum of money, or number of Thefame

_ .... . , . , nominal

pounds, marks, or millings, in the period we fum con- are now delineating, contained nearly thrice as talj}ed much filver, as the fame nominal fum, or number quantity of pounds, marks, or fhillings, contain at pre- of filver. fent. Whenever therefore we meet with any fum of money, or number of pounds, marks, or fhillings, in the hiflories or records of this period, faid to be the price of any commodity, we mufl multiply it by three to difcover how many of our pounds, marks, or fhillings, it con- tained. Thus, for example, we are told by fe- veral of our ancient hiftorians, that there was fo great a fcarcity of corn in England, A. D. 1 126., that a quarter of wheat fold for fix fhillings, that is, for eighteen fhillings of our money. Ii3

The fame nominal fum of money not only Same contained a much greater quantity of filver than ^ JjJ^ it doth at prefent, but the fame quantity of filver more va- was alfo much more valuable than it is at pre- luable* fent. It is difficult, if not impoffible, to dif- cover the difference in this refpe6l with certainty and exaclnefs. This difficulty is occafioned by two things: i. becaufe we are not fufficiently informed of the common prices of the mofl

li} Hen. Hunt. p. 219. R. Hoveden, Annal. p.*74«

necefTary

HISTORY OF BRITAIN. Book IIL

necefiary and ufeful commodities, particularly of corn, in this diflant period ; 2. becaufe the prices of fome commodities, as of books, filks, and (pices, bore a much higher proportion than the prices of fome others, as of corn, cattle, and wine, to the prices of the fame commodities in the prefent times. Accordingly \ve find, that the mod ingenious and bed-informed writers have entertained very different fentiments on this fubjecl; ; fome eflimating the value or efficacy of any given weight of filver coins in the eleventh and twelfth centuries, to the value or efficacy of the fame weight of our filver coins at prefent, to have been in the proportion of ten to one, and fome eflimating it to have been only in the pro- portion of five to one 154. That is to fay, fome of thefe writers think, that a quantity of filver coins, of an equal weight with one of our crown-pieces, would have purchafed ten times as much labour, meat, drink, and clothing, in the eleventh and twelfth centuries, as one of our crown-pieces can purchafe at prefent, while others of them think that it would have pur- chafed only five times as much.

The fame If we could difcover the average price of corn of fiiver *n ^ne times we are now examining, we might five times determine this queilion with tolerable certainty j the value becaufe £ne price of corn hath a confiderable in-

it is at

prefent. fluence on the price of labour, and the expence

154 Mr. Hume's Hiftory of England, vol. i. p. 170. edit. 1762. Lord Lyttelton's Hifiory of Henry II. vol. i. page 406. o&avo ediu 1769.

of

Chap.6. COMMERCE, &c. 305

of living. The hiftorians of this period re- prefent it as a great dearth, or rather as a famine, when wheat was fold for fix of their Ihillings (containing as much filver as eighteen of our (hillings) the quarter. " This year, A.D. " 1126., (fays Henry of Huntingdon) was the " greateft dearth in our times, when a quarter " of wheat was fold for fix fhillings155." If we fuppofe the fame quantity of filver to have been ten times as valuable then as it is now, this makes the dearth, A.D. 1126., to have been as great as it would be at prefent, if wheat was fold for nine pounds the quarter, or £i 12:6 the bufhel : a dearth that would be quite ruinous and infupportable. But if we fuppofe the value or efficacy of the fame quantity of filver to have been only five times as great then as it is now, this makes the dearth, A.D. 1126., to have been as great as it would be at prefent if a quarter of wheat was fold for £4. i os.9 or a bufhel for ; , ii5. %d. a dearth fufficiently diftrefsful, and of which we have few examples. We can hardly imagine that our hiftorians would have mentioned this dearth in fuch ftrong terms, if the price of corn had not then been the double ., of its common or average price. On the other hand, our hiftorians fpeak of it as a proof of uncommon plenty and cheapnefs, when wheat was fold for two of their Ihillings (containing as much filver as fix of our fhillings) the quarter.

155 Hen. Hunt. p. a 19.

VOL, vi. x " This

306 HISTORY OF BRITAIN'. Book III,

" This year, A.D. 1244., (fays Matthew Paris) " was fo fruitful, that a quarter of wheat was " fold for two {hillings I5V Upon the whole, it feemsto be no improbable conjecture, that the moft common price of wheat in the eleventh and twelfth centuries, was about three of their fhil- lings, or nine of our {hillings, the quarter. If we fuppofe the fame quantity of filver to have been then ten times the value it is now, we mud alfo fuppofe, that the moft common or average price of wheat in our times is £^. los. the quarter : a fuppofition which we know to be very remote from truth. But if we eftimate any given quantity of filver, as nine of our fhil- Jings, the average price of a quarter of wheat in the eleventh and twelfth centuries, to have been only five times the value of the fame quan- tity of filver at prefent ; this correfponds with the fuppofition, that the average price of a quarter of wheat, in modern times, is £2, 55. or 5s- 7i.d" the buihel. This is evidently riot far from the truth. The juftnefs of this fuppo- fition, that any given quantity or weight of fil- ver coins, in the period we are now delineating, was equal in value and efficacy to five times the fame weight or quantity of our filver coins at prefent, might, if it was neceflary, be confirmed by many other arguments. ls7

J*6 M. Paris, ad. an. 1144. 57 See Lord Littelton's Hift. of Hearyll. vol. I. p. 404 410.

According

Chap. 6. COMMERCE, dtc. 307

According to this fuppofition, a perfon who Rate of had a nominal income of ^io.a-year, in thishving' period, received as much filver as one who hath a nominal income at prefent of ^30. a-year; and could have lived as well, purchafed as much labour, meat, drink, and clothing, as one who hath an income of ^150. at prefent. A conflant attention to thefe two things, the different quan- tity of filver in the fame nominal fum of money, and the different value of the fame quantity of filver, is neceffary to our underftanding the meaning of our ancient hiflorians on many oc- cafions, and particularly to our comprehending the real value of the feveral fums ef money that are mentioned by them.

The materials of our commercial hiflory, in Balance of this period, are not fo perfect as to enable us to favour of form a judgment, or even a guefs, concerning England. the balance of trade between Britain and any one particular country. But we have good rea- fon to believe, that the balance of trade, upon the whole, was in favour of Britain ; or in other words, that the Britifh exports were more valu- able than the Britifh imports ; and that to make up the deficiency in the imports, Britain received a balance in cafli or bullion.

This may be proved in this manner. We had This no mines of gold or filver in this ifland, in thofe Proved* times, to fupply the daily diminution of the na- tional flock of the precious metals, by manufac- tures, — by the wear and lofs of plate and coin,

x 2 and

308 HISTORY OF BRITAIN. Book III.

and by the great fums of money which were carried out of the kingdom from time to time ; yet this diminution was actually fupplied, and the national flock was kept up, if not increafed ; which muft have been by cafli or bullion brought home by the balance of trade.

No mines That no mines of gold or filver were wrought in Britain in this period, the filence of all our records, hiftorians, and other writers, feems to be a fufficient proof. That the national flock of the precious metals mufl have been gradually di- minimed by the quantities of them that were ufed in illuminating, gilding, and other manu- factures, — and by the neceflary wear and lofs of plate and coins, is too evident to need any proof.

Much mo- That very great fums of money were carried oufofEne! out °^ Britain m ^e courfe of this period, we land. ' have the cleareft evidence. .What prodigious fums of money were carried to Rome alone by the clergy, in purchafing their palls, profecuting their appeals, and procuring favours of various kinds, to fay nothing of the annual payment of Peter-pence ! Many of our writers in this period complain bitterly of the avarice of the pope and cardinals, and of the great fums of money which they extorted from the Englifh clergy, and others ls8. Nay, King John, in a letter which

"8 P. Blefenf. Epift. 153. p.i43» 144. Epiftolae S. Thonue Cant. I. Ep. 179. p. 306. M. Pari% Vit. Abbat. p,46t 89. 9*.

he

Chap. 6. COMMERCE, &c. 309

he wrote to the Pope A.D. 1208., affirmed, that the court of Rome received more money from England than from all the other king- doms on this fide of the Alps IS9. The long refidences of our kings upon the continent, and their frequent wars with the kings of France and other princes, mud have occafioned a great drain of money from England. The unfortu- nate expedition of Richard I. into the Holy Land, together with his ranfom from his cap- tivity, carried out an incredible mafs of mo- ney I6°. To fay nothing of the great fums which the prelates, nobles, and others, who embarked in that expedition, carried with them, the King not only expended on it all his father's treafures, but all the money which he collected from the fale of every thing belonging to the crown for which he could find a purchafer. I61

But notwith (landing all thefe drains, and others Much mo. which might have been mentioned, England flill ^y^11

.... ,' 5T England.

continued to be rich in money. It the Jews, in particular, who were fettled in Britain, had not been very rich in money, they could not have paid the heavy and frequent demands that were made upon them by government I6z. All our kings were rich in gold and filver ; and great fums of ready money, as well as great quanti-

M. Paris Hifh Ang. p. 156.

160 Chron. J. Brompt. col. n6a. Knyghton, col.»40JU

161 W.Neubrigen, 1.4.0.5.

'*' Madox HiO. Excheq. chap.;.

x 3 ties

310 HISTORY OF BRITAIN. Book III.

ties of plate and jewels, were found in their re- pofitories when they died 16\ Many fubjecls alfo, particularly among the prelates, poffefTed great quantities of the precious metals, both in coin and plate. No lefs than forty thoufand marks, equal in quantity of filver to £80,000., and in value or efficacy to ,§£400,000. of our money, were found in the caftle of the Devizes, when it was taken from Roger Bifhop of Sa- lifbury, A. D. 1139. l04 Eleven thoufand pounds of filver, and three hundred pounds of gold coins, befides great quantities of gold and filver plate, were found in the treafury of Roger Arch- fnihop of York at his death, A. D. nai.l6s The filver coins alone in this archiepifcopal trea- fury were equal in value to ^165,000 of our prefent money ; and if we reckon one pound of the gold to have been worth only nine pounds of iilver, the gold coins were equal in efficacy to ^40,500 of our money. Many other examples, if it was necefiary, might be given, from the genuine monuments of this period, of particular perfons, and of focieties, who pofleffed great quantities of the precious metals, both in coins and plate. In a word, there is fufficient evi- dence, that though, great fums of money were annually carried out of England, to Rome, to

1C3 Hoveden Annal. p. 374. Bqnedia. Abbas* torn,*, p. 553. M. Paris, p. 107.

164 J. Brompt. col. 1027. ' Chron. Gervas, col. 1346. 145 M. Paris Hift. AngL p. 9 7.

Normandy,

Chap. 6, COMMERCE, &c.

Normandy, and other places, the national Hock of gold and filver was not diminrfhed, but rather increafed, in the courfe of this period. This cannot be accounted for, but by fuppofing, that conliderable quantities of coin and bullion were imported by the merchants as the balance of their trade with foreign nations. All the gold coins, in particular, which appear to have been numerous, muft have been imported, as no gold was coined in Britain in this period,

THE

HISTORY

or

BOOK III. CHAP. VII.

MtcuuB

Hi/lory of the Manners, Virtues, Vices, remark' able Cuftoms, Language, Drefs, Diet, and Diver/ions, of the people of Great Britain, from the landing of William Duke of Nor- mandy, A.D. 1066., to the death of King John, A.D. 1216.

i

NATIONS which have been long feated in Somena. the fame country, and have had little in- nadouTof tercourfe with flrangers commonly retain the thecuf- fame national characters, manners, and cuftoms, 'f™ of

% ' their an-

through a long fuccemon of ages. They be- ceftors. come proud of their antiquity, fond admirers of their anceftors, and warmly attached to all their fentiments and practices j their follies, errors,

and

3i4 HISTORY OF BRITAIN. Book III.

and vices, not excepted. The inhabitants of Wales, for example, and of the greateft part of Scotland, the defcendants of the ancient Britons and Caledonians, feem to have had the fame national characters, manners, and cuftoms, the fame religion, laws, language, drefs, diet, and diverfions, with very little variation, for more than a thoufand years. As all thefe have been already defcribed at great length in this work, it will not be neceflary to fay much concerning them in this chapter, except to take notice of fuch lingularities on any of thefe fubje6ls as are mentioned for the firft time by the writers of this period. *

Manners The manners, virtues, vices, remarkable cuf-

o{ the toms, &c. of the Anglo-Saxons and Danes, who

&Sonl conquered and peopled the beft and greateft

dunged, part of Britain in the preceding period, have

been alfo delineated 2. If thefe nations had

continued in the peaceable pofleffion of their

country, they would probably have retained the

fame national character and manners, with fome

flight and almoft infenfible alterations, in the

prefent period. But by their fubjection to and

intermixture with their Norman conquerors,

very great changes were made in their manners,

cuftoms, and ways of living, which claim our

attention ift this part of our work.

Manner* But as the Normans firft appeared upon the

Normans ftage» an^ became the governing arid predomi-

* See vol. a. chap* 7. Vol. 4* chap. 7. z See vol. 4. chap. 7.

nant

Chap. 7. MANNERS, &c. 31 5

nant people of England, in our prefent period, their manners, &c. mull be the principal fubje6t of this chapter.

Thofe definitive bands of piratical adven- Name of turers which iffued from Scandinavia, and in- '

fefled all the feas and coafts of Europe, in the ninth, tenth, and eleventh centuries, were fome- times called Saxons^ fometimes Danes, and fome- times Normans. " From the fury of the Nor- " mans, Good Lord deliver us," was then a petition in the litanies of all the nations, which dreaded the depredations of thofe northern plunderers, who were called Normans from the fituation of the countries from whence they

came3. " In thofe davs (favs the author of the

^ \ <j

" Saxon Chronicle, A. D. 787.) came the firft " three mips of Northmen from Herethaland. " Thefe were the firft (hips of Danifhmen that " came into England." 4

About the beginning of the tenth century, a Origin of very numerous band, or rather army, of thefe northern adventurers, under the conduct of Hollo, a Norwegian chieftain, invaded, and almoft dcfolated the fine province of Neuilria. This province, extending from the river Ept to» the confines of Britanny, was at length granted, A, D. 911., by Charles the Simple, King of France, to Rollo and his followers, on condi- tion. that they became Chriftiang, and that they held the ceded territories of the crown of

3 See vol. 4. p. 314. note. 4 Chron. Saxoru p.6*.

France.

31 6 HISTORY OF BRITAIN. Book III.

France s. With thefe conditions they complied ; and having obtained poffeffion of fo fine a coun- try, they abandoned their former roving and predatory courfe of life, and began to rebuild the cities which they had deflroyed, and to cul- tivate the fields which they had defolated. From that time the country which had formerly been called Neujlria, was called Normandy, from its . new mailers ; who were called Normans, becaufe all the different countries from whence they came lay to the north of France.

Settled in Duke Rollo, and his Normans, though they France had been as great barbarians as any of the other came6" fwarms of favages which had iffued from Scandi- French- navia, gradually became a civilized and polifhed people, after their fettlement in Normandy. This was owing to feveral caufes. The Chriftian religion, which they then embraced, was of a more humane and peaceful fpirit than the bar- barous fuperftition in which they had been edu- cated— The mild climate and fertile foil of Normandy infpired them with the love of home, and of a quiet and fettled way of life Their in- tercourfe and intermarriages with the French in- habitants, made them adopt the manners, cuf- toms, language, and drefs of that people. This was fo much the cafe, that the Normans, when they invaded England, called themfelves, and were called by others, Frenchmen. They are fo

s W.Gimitlcenf. l.a. c.i;. Dudo SanAi Quint, p. 84. P. Wal- finghara Tpodigma Neuftrise, p. 417.

called

Chap. 7. MANNERS, &c. 317

called in the laws of William the* Conqueror, and in the charters of that prince and of his fuc- cefibrs for a century after the conqueft 6. In a word, the manners, cuftoms, virtues, vices, language, drefs, diet and diverfions of the predominant people of England, through the greateil part of this period, were exactly the fame with thofe of perfons of the fame rank on the continent of France. A very brief delinea- tion of thefe muft now be given.

There is hardly any thing more remarkable in Contempt

A *II

the manners and cuftoms of this period, than f

* * treatment

the fovereign contempt in which the name of an of the Englifhman was held, and the cruel indignities Ensiuh- with which the perfons of Englifhmen were treated. William of Poi6lou, in defcribing the battle of Haftings, at which he wasprefent, fre- quently denominates the Englifh, thebarbarians* " The cries (fays he) of the Normans on one " fide, and of the barbarians on the other, were " drowned by the claming of arms, and the " groans of the dying7." After that fatal battle, and a few unfortunate revolts, the native Englifh funk into great contempt and wretch ednefs8. Their eftates were confifcated, their perfons in- fulted, their wives and daughters diflionoured before their eyes. " The Normans (fays an an- " cient hiflorian) were aftoniftied at their own

* Seldeni Spicilegia ad Eadmerum, p. 193. Charta Henrici II. in libro Rubro Scaccarii.

a Duchen.edit. p. 302. 8 logulph. liift. p. 70.

" power,

HISTORY OF BRITAIN. Book III.

" power, became as it were mad with pride, " and imagined that they might do whatever " they pleafed to the Englifh. Young ladies " of the higheft rank and greateft beauty having " loft their fathers, brothers, and protectors, " and being violated by armed ruffians, called " upon death to come to their relief8." In a word, the name of an Engliihman became a term of reproach. " The Normans (lays Brompton) " reduced almoft all the Englifh to fuch a " flate of fervitude, that it was a reproach to " be called an Englifhman9." This infolence of the Normans, and depreffion of the Engliih, continued almoft to the very conclufion of our prefent period. For we are told by Giraldus Cambrenfis, who flourished in thofe times, that in the reign of Richard I. when a Norman was, accufed of any thing which he thought dii- honourable, and chofe to deny, he commonly laid, What! do you imagine I am an Engli/fiman ? or May I become an EngliJJiman if I did it ! By flow degrees, however, the animofity be- tween the Normans and the Englifli abated, and they coalefced into one powerful people, who have long been, and ilill are, juftly proud of the honourable name of Engli/limen.

Method of A new mode of education wras one of the-

education. many changes introduced into England by the

Normans. For the Conqueror having formed

8 Orderic. Vital. 523. 9 J. Brompt. p. 962.

Ie Anglia Sacra, torn. 2. p.4o6.

ii the

MANNERS, dc.

the defign of extirpating the Englifli language, and making the French the vulgar tongue of all his fubje6ls, commanded, that the children of the Englifh mould be taught the firft rudiments of grammar at fchool in French, and not in Eng- lim ". This mode of education, introduced by the Normans with a defign to eftablifh their own language on the ruins of the Anglo-Saxon, continued more than three centuries after the conqueft. This we learn from Trevifa, a writer who flouriflied in the fourteenth century, whofe teflimony we lhall give in his own words : " For *' John Cornwaile, a mafter of grammar, changed " the lore in grammar fcole, and conflru6lion of " Frenche into Englifche ; and Richard Pin- " criche lerned the man ere techynge of him, " as other men of Pencriche. So that now, the *'• yere of our Lorde a thoufand three hundred " and four fcore and five, and of the feconde " kyng Richard, after the conqueft nyne, and " alle the gram ere fcoles of Engilond, children " leveth Frenfche, and conftrueth and lerneth " an Englifche, and haveth thereby advantage " in oon fide, aod difadvantage in another fide. " Here advantage is, that they lerneth her " gramer in lafle tyme, than children were " woned to doo ; difadvantage is, that now " children of gramer fcole conneth na more . " Frenfche than can her lift heele, and that is " harm for him, and they fchulle paffe the fee,

" IngOlph. Hift. p. 7 JE.

"and

320 HISTORY OF BRITAIN. Book III.

'* and travaille in ftrange landes, and in many " other places. Alfo gentilmen havith now " moche left for to teche here children '* Frenche "." Thus the long ftruggle between the French and Englifh languages, after it had continued more than three centuries, drew to- .wards a conclufion, and victory began to declare in favour of the Englifh.

introduc- The very fingular fpirit of chivalry which be- tion of gan to difplay itfelf about the beginning of this

period, and was introduced into England by the Normans, gave a new turn to the education of the young nobility and gentry, in order to fit them for obtaining the honour of knighthood, which was then an object of ambition to the greateft princes13. Thofe noble youths who were deiigned for the profeffion of arms and the" honours of knighthood, were early taken out of the hands of the women, and placed in the fa- mily of fome great prince or baron, who was alfo efteemed an expert and valorous knight. Pages or At their firft entrance into this fchool of chi- vaiet*. valry, they acted in the capacity of pages or valets 14. For thofe names which are now appro- priated to domeftic fervants, were then fome- times given to the fons and brothers of kings15. In this flation they were inftructed in the laws of

" Hickefii Thefaur. tom.i. Prefat. p. 17, 18.

13 Simeon Dunelm. p. 177. Ailredi Abbat. Rieval. p. 347.

14 Memoire fur L'Ancienne Chevalerie, par M. cli Sainte Paylaye* torn. i. p 6.

15 Les Mceurs de Fraiif oisj par Le Geudre, p. 63.

courtely

Chap. 7. MANNERS, &c. . .. . . , -521

courtefy and politenefs, and in the* firft rudi- ments of chivalry, and martial exercifes ; to fit them for mining in courts, at tournaments, and on the field of battle. Henry II. received this part of his education in the family of his uncle, Robert Earl of Gloucefter, who was one of the moft accomplifhed knights of the age in which he flouriflied.16

After they had fpent a competent time in the Efquires. ilation of pages, they were advanced to the moft honourable rank of efquires. Then they were admitted into more familiar intercourfe with the knights and ladies of the court, and per- fected in dancing, riding, hawking, hunting, tilting, and other accomplifhments neceffary to fit them for performing the offices, and becoming the honours, of knighthood, to which they afpired17. In a word, the courts of kings, princes, and great barons, were a kind of col- leges of chivalry, as the univerfities were of the arts and fciences ; and the youth in both ad- vanced through feveral degrees to the higheft honours.

The exercifes of the youth in thefe fchools of Their ex- chivalry, are thus defcribed by Fitz-Stephen, who flourifhed in the reign of Henry II. " Every " Sunday in Lent, immediately after dinner, " crowds of noble and fprightly youths, mounted " on war horfes, admirably trained to perform

16 Gervas Chron. p. 135 8. W. Malmf. p. 98.

17 Memoires fur Chevalerie, part I. v VOL. VI. Y " all

322 HISTORY OF BRITAIN. Book III.

" all their turnings and evolutions, ride into the " fields in diftin6l bands, armed with lances and " fhields, and exhibit reprefentations of battles, " and go through all their martial exercifes. " Many of the young nobility,' who have not 46 yet received the honour of knighthood, iffue " from the king's court, and from the houfes " of bilhops, earls, and barons, to make trial " of their courage, flrength and fkill in arms. " The hope of victory roufes the fpirits of thefe *' noble youths j their fiery horfes neigh and " prance, and champ their foaming bits. At " length the lignal is given, and the fports " begin. The youths, divided into oppofitc " bands, encounter one another. In one place te fome fly and others purfue, without being " able to overtake them. In another place, " one of the bands overtakes and overturns the " other."18

Sworn The noble youth in thofe fchools of chivalry,

brothers. fometimes contracted the mod fincere and lafting

friendmips, and became what they then called

Jworn brothers. Thofe who were fworn brothers.,

cemented their friendfhip with vows of inviolable

attachment to each other, in peace and war, in

profperity and adverfity ; that they would mare

the fame dangers, and divide equally all their

acquifitions I9. Of this cuftom it may not be

improper to give one example. Robert de Oily,

1S W. Stephaned. Defcript. Lond. a J. Sparke, edit, 1723. p. 7, 8. ' '9 Du Cange Gloff. voc. Fratrts conjurati.

and

chap. 7. MANNERS, &c. 323

and Roger de Ivery, two young gentlemen who came into England with the Duke of Normandy, were fworn brothers. Some time after the con- queft, King William granted the two great ho- nours of Oxford and St. Waleries to Robert de Oily, who immediately beftowed one of them, that of St. Waleries, on his fworn brother Roger de Ivery 20. A cuftom flmilar to this prevailed in Wales. The princes of that country placed one of their fons in the family of one chieftain, and another in the family of another, where they were educated with the fons of thefe chieftains, who became the fworn brothers of the young prince who had been educated with them. This produced frequent civil wars, each of the great families endeavouring with all their power to raife their fworn brother and favourite prince to the government. 2I

It was alfo in thefe fchools of chivalry, the The fpirft courts of kings, princes, and great barons, that °/ r°™an- the youth of this period imbibed that fpirit of romantic gallantry and devotion towards the ladies, which was efteemed the moft neceflary qualification of a true and gentle knight. Thefe courts were the fchools in which the ladies, as well as the gentlemen, received their education. Both were often the wards of the prince or great baron j and while thofe of the one fex were edu- cated with his fons under his own eye, thofe of

30 Kennet's Parochial Antiquities, p. 57.

;i Girald. Cambrenf. apud Angl.Sacm, torn. ». \>>

y 2

324 HISTORY OF BRITAIN. BookllL

the other fex were educated with his daughters under the infpection of his lady. In this fitua- tion it was natural for the young perfons of each fex to cultivate thofe qualities which would render them moft acceptable to the other. Thefe were gentlenefs, modefty, and virtue, in the ladies ; courtefy, valour, and gallantry, in the gentlemen. Accordingly we are told, that in thefe fchools of chivalry, the youth were care- fully inftru6ted in the arts of love, and in all, the rules and punctilios of a virtuous and ho- nourable gallantry". To render thefe leffons more effectual, the young gentlemen chofe mif- trefles among the young ladies of the courts in which they refided, to whom they addreffed all their vows, and practifed all their arts of pleaf- ing *3. They became their conftant attendants in aflemblies, their champions at tournaments, the protectors of their perfons, fame, and for- tune, and the avengers of their wrongs. Knights. When the youth in thefe fchools of chivalry had fpent feven or eight years in the ftation of efquires, they received the honour of knight- hood, moft commonly from the hands of the prince, earl, or baron, in whofe court they had fpent their youth and received their education. That honour was preceded by various prepara- tions, and accompanied with feveral pompous ceremonies ; which are thus defcribed by the bed modern writers on this fubject, who hath con-

" Memoires fur la Che valeric, part i. *3 Id. ibid.

firmed

Chap. 7- MANNERS, &c. 325

firmed every article of his description by the mod folid proofs. " Severe fadings, nights. " fpent in prayer in a church or chapel, the fa- " craments of penance, and the eucharift re- *{ ceived with devotion, bathing and putting " on white robes, as emblems of that purity of " manners required by the laws of chivalry, " confeffion of all their fins,- with ferious at- " tention to feveral fermons, in which the faith " and morals of a good Chriftian were explained, " were the neceflary preparations for receiving " the honour of knighthood. When a candi- " date for that honour had performed all thefe " preliminaries, he went in proceffion into a tc church, and advanced to the altar, with his " fword flung in a fcarf about his neck. Hepre- " fented his fword to a pried j who blefied it, " and put it again into the fcarf, about the neck " of the candidate ; who then proceeded in a fo- " lemn pace, with his hands joined to the place " were he was to be knighted. This auguft " ceremony was mod commonly performed in a " church or chapel, in the great hall of a pa- " lace or cadle, or in the open air. When the *' candidate approached the perfonage by whom " he was to be knighted, he fell on his knees at " his feet, and delivered to him his fword. " Being afked for what end he defired the ho- " nour of knighthood ? and having returned a " proper anfwer, the ufual oath was adminider- " ed to him with great folemnity. After this, " knights and ladies, who affifted at the cere- ¥3 " mony,

326 HISTORY OF BRITAIN. Book III.

ts mony, began to adorn the candidate with the " armour and eniigns of knighthood. Firit, " they put on his ipurs, beginning with the left " foot ; next his coat of mail ; then his cuirafs ; " afterwards the feveral pieces of armour for his " arms, hands, legs, and thighs ; and, lafl of ** all, they girt him with the fword. When the " candidate was thus dubbed, as it was called, " the king, prince, or .baron, who was to make " him a knight, defcended from his throne or " feat, and gave him, flill on his knees, the " accolade, which was three gentle ftrokes, with ** the flat of his fword on the fhoulder or with " the palm of his hand on the cheek ; faying at " the fame >time, In the name of God, St. Mi- " chael, and St. George, I make thee a knight ; be " thou brave, hardy, and loyal. The new knight " was then raifed from the ground, his helmet " put on, his fhield and lance delivered to him " and his horfe brought ; which he mounted " without ufing the flirrup, and performed fe- " veral courfes, difplaying his dexterity in horfe- " marifhip, and in the management of his arms, " amidft the acclamations of great multitudes " of people, who had affembled to behold the 46 ceremony24." Could any infiitution be better adapted to inflame the ardour of the young nobi- lity in acquiring 'the accomplifliments neceffary to obtain an honour which was courted by .the greatefl monarchs ?

I; Memoires fur 1'ancienne Chevaliere, par M. de la .Gurne de Sainte'Paylaye, tom.i. p.ja, &c.

ii The

Chap. 7. MANNERS, &c. 327

The virtues and endowments that were necef- Qualities fary to form an accompliflied knight in the flou- "eceffary

•n n i i in to knight-

iMrmng times or chivalry, were luch as theie, hood, beauty, ftrength, and agility of body, great dexterity in dancing, wreilling, hunting, hawk- ing, riding, tilting, and every other manly ex- ercife ; the virtues of piety, chafiity, modefty, courtefy, loyalty, liberality, fobriety ; and alcove all, an inviolable attachment to truth, and an invincible courage.

To perform the duties of a. good arid valiant Duties of knight, not one of thefe virtues and endowments aknisht« was unneceffary. For he was not only to be the delight and ornament of courts by his gallantry and politenefs, but he was bound by oath to ferve his prince, to defend the church and clergy, to protect the peribns and reputations of virtuous ladies, and to refcue the widow and orphan from oppreffion, with his fword, at the hazard of his life Z5. Few, we may prefume, poflerTed all thefe qualifications, and performed all thefe duties in perfection. But dill an infti- tutiqn fo virtuous in its principles, and honour- able in its ends, mufl have done much good, and prevented many evils. We have even reafon to believe, that chivalry, which, under the name of knight errantry, hath long been an objeet of ridicule, was one of the happieft inventions of the ages in which it flouriihed.

JS Memoires fur 1'ancienne Chevalerie, par M. de la Curne da Sainte Paylaye, torn^l. p.72,&c.

Y 4 The

328 HISTORY OF BRITAIN. Book III'

Surnames. The ufe of family-furnames, defcending from father to fon, feems to have been introduced into Britain by the Normans at the beginning of this period. For among the Anglo-Saxons, perfons who bore the fame Chriftian name, were diftin- guilhed from one another by defcriptive epithets, as the black, the white, the long, the ftrong, &c., and thefe epithets were not given to their fons if they did not poflefs their properties 26. Family- furnames, at their firft introduction, like family- arms, were confined to perfons of rank and for- tune, who mod commonly took their furnames from the caftles in which they refided, or the eftates which they poffefTed 37. This is the true reafon of the furnames of fo many of the noble and honourable families in England, being the fame with the names of certain towns, caftles, and eftates in Normandy, France, and Flanders. The anceftors of thefe families were lords of thefe eftates and caftles ; and being proud of their native country and family poflefiions, they retained their names after they had fettled in Eng- land, and tranfmitted them to their pofterity 2S. It was not till after the conclulion of this period that furnames were univerfally affumed by the common people.

Coat-ar. The ufe of coats of arms, diftinguifliing one great family from another, and defcending from father to fon, appears to have been introduced

56 See vol.4, chap. 7. p. 351. Verftigan, ch. 8.

31 Camden's Remains, p. 113. 2S Id. ibid.

10 into

mour.

Chap. 7. MANNERS, &c. 329

into Britain about the fame time -with family, furnames, and by the fame noble Normans. The Anglo-Saxon warriors adorned their Qiields and banners with the figures of certain animals, or with other devices ; but in doing this every particular perfon followed his own fancy, without any regard to the figures or devices that had been borne by his anceftors29. But about the time of the firft croifades, greater attention be- gan to be paid to thefe devices, when it was dif- covered that they might be ufeful as well as or- namental. " About this time (fays one of our " befl antiquaries) the eftimation of arms began " in the expedition to the Holy Land j and ** afterwards by little and little became here- " ditary ; when it was accounted moil honour- ** able to carry thofe arms which had been di£ " played in the Holy Land, in that holy fer- " vice againft the profefled enemies of Chriftia- " nity 3V Jufts and tournaments, the favourite diverfions of the great and brave in this period, contributed not a little to render arms here- ditary. For a noble fon, proud of the honours that had been gained by an illuftrious father in thofe fields of fame, delighted to appear with the fame devices on his fhield at the like folemni- ties 3I. It was only, however, by flow degrees, and in the courfe of almoft two centuries, that

59 Camden's Remains, p. 206. Les Mceurs de Francois, par M. le firendre, p. 88.

3t Camden's Remains, p.aoS. 3I Le Gendre, p. 88.

this

330 HISTORY OF BRITAIN. Book III.

this cuflom became conftant and univerfal even in noble families.

Norman Xbe many noble Normans who fettled in Eng- «nce! lw& after tlie conqueil, introduced a more mag- nificent and fplendid manner of living than had been known among the AnglorSaxons. This we learn from a writer who flouriflied foon after the conqueft, and had the bed opportunities of being well informed ; who tells us, that the Englifli nobles were univerfally addicted to ex- ceffive drinking, and fpent their ample revenues in a fordid manner, in mean and low houfes ; but that the Norman barons dwelt in (lately and magnificent palaces, kept elegant tables, and were very fplendid in their drefs and equipage32. William Longchamp, Biihop of Ely, had no fewer than a thoufund,fome contemporary writers fay fifteen hundred, horfemen in his retinue: and to furnifh his table, fays a prelate who was his contemporary, all the different kinds of beafts that roam on the land, of fifties that fwim in the waters, and of birds that fly in the air, were collected 33. The Norman kings and nobles dif- played their tafte for magnificence, in the moft remarkable. manner, at their coronations, their royal feafts of Chriftuias, Eafter and Whitfun- tide, and at their tournaments, which were all ce- lebrated with incredible expence and pomp. 34

32 W.Malmf. 1.3. p.j7. col. a.

33 J. Brompt. p. 1193. Benedict. Abbas, p. 701. Anglia Saqp, torn. 2. p. 407.

* M. Paris, p.ioS.

One

Chap. 7. MANNERS, &c. 33 1

One thing that contributed very much to Great re- fwell the retinues of the Norman kings, prelates, Jj™^^ and nobles, was the neceffity they were under man kings of carrying with them not only their provifions, but even a great part of the furniture of their houfes, in their journies. Peter of Blois, who was chaplain to Henry II., in his curious deierip- tion of a court-life, paints the prodigious crouds, confufion, and buftle, with which the royal pro- greffes were attended, in very ftrong colours. " When the King fets out in the morning, you '* fee multitudes of people running up and down " as if they were diflracted ; horfes jrufliing " again ft horfes ; carriages overturning car- " riages ; players, whores, gamefters, cooks, con- " fe6tioners, mimics, dancers, barbers, pimps, *c and paratites, making fo much noife, and, in a " word, fuch an intolerable tumultuous jumble " of horfe and foot, that you imagine the great " abyfs hath opened, and that hell hath poured " out all its inhabitants »." William -Fitz- Stephen prefents us with a very curious defcrip- tion of the retinue and parade with which the famous Thomas Becket ufed to travel, whan .he was chancellor of England. " iHc^was attended " with about two hundred knights, efquiFes, " young noblemen, pages, clerks, and officers of his houfehold, who, together with their attend- ** ants,»were well armed, drefled,.and mounted, *' every one according to his rank. He had in

P. Blefenf. Epift. 14.

« his

HISTORY OF BRITAIN. Book III.

cf his train eight waggons, each drawn by five " of the ftrongeft horfes ; two of thefe waggons " contained his ale, one contained the furniture " of his chapel, another the furniture of his " chamber, and another the furniture of his " kitchen ; the other three were filled with pro- " vifions, clothes, and other necefiaries. He " had befides twelve pack-horfes, who carried " trunks, containing his money, his gold and " filver plate, his books, his apparel, and the " ornaments of the altar. To each of the wag- " gons was chained a fierce and terrible mafliff, " and on each of the pack-horfes fat an ape or a *6 monkey 36." In the expedition of Henry II. againft Thouloufe, his chancellor Becket had feven hundred knights in his pay, who dined every day at his own table, or at other tables provided for them. "

Some But in the midft of all this magnificence in

thmgs m which the Norman kings and nobles lived, there

their way . .

of living were fome things in their domeitic oeconomy, mean and which muft appear to us exceedingly mean and fordid. Several eftates in England were held by the tenure of finding clean ftraw for the King's bed, and litter for his chamber, as often as he lodged at a certain place 38. Fitz-Stephen, in his life of Thomas Becket, mentions this as a proof of his elegant manner of living, " That " he commanded his fervants to cover the floor

36 W. Stephaned. Vita S. Thorn*, p. ao. 37 Id. ibid. p. 43.

38 Blount's Fragments Antiquiutis* p>a8. Camd. Brit. vol. i. p. 311.

« Of

Chap. 7. MANNERS, &c. 233

" of his dining-room with clean ftraw or hay " every morning in winter, and with frefti bul- " rufhes and green branches of trees every day " in fummer, that fuch of the knights who " came to dine with him, as could not find " room on the benches, might fit down and " dine comfortably on the floor, without fpoil- " ing their fine clothes." 39

The cuftom of covering up their fires about Curfew fun-fet in fummer, and about eight or nine at bel1' night in winter, at the ringing of a bell called the couvre-feu9 or curfew-bell, is fuppofed by fome to have been introduced by William I., and impofed upon the Englifh as a badge of fervitude. But this opinion doth not feem to be well founded. For there is fufficient evidence, that the fame cuftom prevailed in France, Spain, Italy, Scotland, and probably in all the other countries of Europe, in this period ; and was intended as a precaution againft fires, which were then very frequent, and very fatal, when fo many houfes were built of wood 40. Henry I. reftored the ufe of lamps and candles at court in the night, after the ringing of the couvre-feu bell, which had been prohibited by his prede- ceflbr William Rufus. 4I

Piety, or a regard to religion, may not im- Virtues of properly be placed at the head of the national Norman«T virtues of the Anglo Normans. The beft of our

39 W. Stephaned, p. 14.

40 Obfervations on the Statutes, p.n6. Du Cange GlofT. roc.

Ignetegium. *' W. Malraf. p. 88.

ancient

HISTORY OF BRITAIN. Book IIL

ancient hiftorians make great complaints of the decay of piety among the Anglo-Saxons imme- diately before the conqueft, and afcribe that great calamity to the wrath of heaven againft them on that account *\ Nothing can exhibit a ftronger picture of the different characters of the two na- tions in this refpe6l, than the different behaviour of the Norman and Saxon armies in the night before the famous battle of Haftings. The Nor- mans fpent that awful night in confeflion, prayer, and other acts of devotion ; while the Englilh wafted it in noife and riot 43. " Religion (fays " William of Malmfbury), which was almoft ex- " tin6l in England, revived after the fettlement " of the Normans. Then you might have " feen magnificent churches and monafteries *' arifing in every village, town, and city. In «e a word, fo much did religious zeal flourifh in " our country, that a rich man would have ima- " gined he had lived in vain, if he had not left ct fome illuftrious monument of his pious muni- «< ficence 44." The religion, however, of the Anglo-Normans, in this period, was not of the moft pure and rational kind. On the contrary, it confided chiefly in building, adorning, and endowing churches, in performing certain fuper- ftitious ceremonies, in believing all the opinions, and obeying all the commands, of the clergy.

<2 W. Malmf. p. 5 7. col. a. M. Paris, p. 4. coL z.

43 W. Pnftaven. p. 201. Oderic Vkal. p. 501.

44 W. Malmf. p. 5 7. col. a.

There

Chap. 7. MANNERS, &c.

There was no virtue of which the Normans Valour of who fettled in England were fo proud, and to which they made fuch high pretenfions, as mar- tial courage and valour. This they claimed in a degree peculiar to themfelves, above all other nations. The fpeech of William the Conqueror, to his army, before the battle of Haftings, was in this boailful llraih : " I addrefs you, O Nor- " mans ! the mod valiant of all nations, not as " doubting, but as fecure of victory, which nei- " ther force nor fortune can wreft out of your " hands. O ye bravefl of mortal men ! what " availed the King of France at the head of all " the nations between Lorrain in Spain, againfl " your anceflor Hailing, who feized as much of " France as he pleafed, and kept it as long as he " thought proper ?" &c. &c. 4S Almoft a cen- tury after the conqueft, the Normans Hill con- fidered themfelves as a diftinct people from the Englifli, and had loft nothing df their high opi- nion df their own valour. This appears from the Ipeech df that venerable warrior Walter Efpec, before the battle of the Standard : Why fhould " we defpair of victory, though we are few in " number ? Hath riot the Almighty beftowed " victory itpdn our nation, as its peculiar pro- " perty ? HdW often have fmall bodies of bi'ave " Normanis obtained glorious victories over great " armies of the peojple of France, Maine, Anjou, " and Aquitaine ? Did not our own fathers

<5 J. Brom^t.

<c conquer

336 HISTORY OF BRITAIN. Book III.

** conquer this ifland at one blow, on which the " invincible Julius bellowed fo much time and " blood ? We have feen, my brave Normans, " we ourfelves have feen, the King of France, " and his whole army, flying before us, many " of his greatefl barons flam, and others taken " prifoners. Who were the conquerors of " Sicily, Apulia, and Calabria, but the valiant " Normans ?" &c. &c. 46

S«briety. Sobriety may not improperly be reckoned among the national virtues of the Anglo-Nor- mans, efpecially at the time of their fettlement in England. The moft ancient of our hiftorians who had opportunities of converfing with the Normans and Englifli, before they were fo blended together as to form one people, com- mend the former for their fobriety, as much as they condemn the latter for their intemperance. " The Englifh (fays William of Malmfbury) *< were much addicted to exceffive eating and " drinking, in which they fometimes fpent both " day and night, without intermiffion. The " Normans were very unlike them in this refpecl;, " being delicate in the choice of their meats and " drinks, but feldom exceeding the bounds of " temperance. By this means the Normans " lived with greater elegance, and at lefs ex- " pence, than the Englifh 47." The cuftom, however, of drinking to pegs, which had been

46 Ethelredus de bello Standard!, p«339> 340. « W.Malmf. 1.3. p.57, col.j.

intro-

chap. y. MANNERS, &c. 337

introduced by a law of Edgar the Peaceable, ftill continued in this period48. For by a canon of the council of ^eftminfler, held A. D. 1 102., the clergy are prohibited to frequent ale-houfes, or to drink to pegs49. It appears alfo, that before the conclufion of this period, many of the Normans had adopted the manners of the Eng. lifh, and departed from the fobriety of their an- ceftors. " When you behold (fays Peter of '* Blois) our barons and knights going upon a *' military expedition, you fee their baggage- " horfes loaded, not with iron but wine, not " with lances but cheefes, not with fwords but " bottles, not with fpears but fpits. You would " imagine they were going to prepare a great " feaft rather than to make war s°. There are " even too many who boaft of their exceffive " drunkennefs and gluttony, and labour to w acquire fame by fvvallowing great quantities " of meat and drink."51

The point of honour was very much refpected Gallantry by the Normans in this period, and they paid ^^gard much regard to their plighted faith, efpecially to point of the ladies. A moft remarkable example of this hpnour- occurs in the hiftory of King Stephen. The Emprefs Maud, from whom Stephen had ufurped the crown of England, was befieged by him in Arundel caftle, the refidence of the queen-

4J See vol. 4. p. 341. * Eadmerus, p.6?.

P.Bleienf. Ep.34» p. 146- col.», 51 Id. Ep. 86. p. 130. col. I.

VOL. vi. z dowager,

338 HISTORY OF BRITAIN. Book III.

dowager, A.D. 1 139., and might eafily have been taken prifoner. But Stephen was prevailed upon to refpect the ties of blood, and the honour due to ladies of fo high a rank. He did not pufti the liege, but gave his word of honour to the Em- prefs, that he would caufe her to be conducted in fafety to the caflle of Briftol, the reiidence of Robert Earl of Glocefter, her natural brother and mod powerful partizan. Though the Em- prefs knew that Stephen had violated the mod folemn oaths which he had taken to fupport her fucceffion to the crown, fhe relied upon his word of honour, put herfelf under his protection, and was fafely conducted to the caftle of Briftol. " The King (fays William of Malmfbury) gave " to his brother Henry Biihop of Winchefler, " and Walleran Earl of Millent, the charge of " conducting the Emprefs ; an office which no " gallant and true knight could refufe to perform " to his greateft enemy." s*

Witand The Normans appear to have been a cheerful, imour' witty, and facetious people, delighting much in innocent frolics and convivial jocularity. No qualities were more admired amongft them than thole of wit and humour. It was to thefe quali- ties chiefly that King Stephen owed his popula- rity, and the fuccefs of his ufurpation. " Stephen, " when he was an earl (fays William of MalmC- " bury, who was well acquainted with him), <{ gained the affections of the people to a degree

52 W.Malmf. 1. a. p. 104.

« that

Chap. 7. MANNERS, &c. 239

«c that can hardly be imagined, by the affability " of his manners, and the wit and pleafantry of " his converfation. Hecondefcendedfometimes " to chat and joke with perfons in very humble " Rations, and the nobility were in general " charmed with him, and embraced his party"." Our hiftorians of this period have taken the trouble to record many of the frolics and repartees of our princes, prelates, and great men ; which is a fufficient proof that they were confidered as matters of importance, and not unworthy of a place in hiflory. Nay, fo fond were the Normans of the innocent conflicts of wit and humour, that the greateft enemies, in the very heat of a liege, fometimes fufpended their hoftilities, in order to engage in a more harmlefs combat of banter and repartee. When one of the contending parties deligned this, he appeared in fight of the other, dreffed in white ; which was underflood and accepted as a challenge to a trial of wit 54. John of Salifbury cenfures, with great feverity, the exceflive fondnefs of his countrymen and con- temporaries for profeffed wits and jeflers, and reproaches them for fpending too much time, and taking too much delight, in their company. Ss

The Normans feem alfo to have been a gene- GeneroCtyi rous open-hearted people, capable of very noble a6ls of bounty and liberality. Their profufe

Si W. Malmf. Hift. Novel, l.i. p.ioi. col. z.

S4 Orderic. Vital, p. 784.

" J. Sariftjurien. Policrat. 1.x. ch.8. p.j8. .

z 2 '..."•, donations

34o HISTORY OF BRITAIN. Book III.

donations to the church are well known, and were certainly far too great and numerous. Few princes have had more to give, or were more libe- ral in their donations, than the Norman kings of England. To fay nothing of the ineftimable grants made by William I. to his followers, all his fucceffors in this period difplayed both their wealth and liberality at the three great feftivals of ChriftmaSjEafter, and Whitfuntide, every year, and on many other occafions. " In the month " of February, A.D. 1191. (fays John Bromp- " ton), when Richard I. was at Melfina in Sicily, " he made a prefent of feveral mips to the King " of France and his nobles. He alfo opened *' his treafures, and diflributed to the earls, " barons, knights, and efquires of the army, <e greater fums of money than any of his prede- " ceflbrs had ever diflributed in one year." s6 Anecdote The fame hiftorian hath preferved the follow- of Robert jng curious anecdote, which may ferve both as a Norman- proof and illuftration of the wit, politenefs, and d7' generofity of the Normans. When Robert Duke

of Normandy, father of William the Conqueror, was at Conilantinople, in his way to the Holy Land, he lived in uncommon fplendour, and was greatly celebrated for his wit, his affability, and other virtues. Of thefe many remarkable examples were related to the Emperor ; who re- folved to put the reality of them to a trial. With this view he invited the Duke and all his nobles

" J»Brojnpt» Chron, pa 193.

to

Chap. 7. MANNERS, &c. 341

to a feaft in the great hall of the Imperial palace, but took care to have all the tables and feats filled with guefts, before the arrival of the Nor- mans, of whom he commanded them to take no notice. When the Duke, followed by his nobles in their richeft dreffes, entered the hall j obferv- ing that all the feats were filled with guefts, and that none of them returned his civilities, or offered him any accommodation, he walked, with- out the leaft appearance of furprize or difcompo- fure, to an empty fpace, at one end of the room, took off his cloak, folded it very carefully, laid it upon the floor, and fat down upon it ; in all which he was imitated by his followers. In this pofture they dined, on fuch dimes as were fet before them, with every appearance of the molt perfect fatisfaftion with their entertainment. When the feaft was ended, the Duke and his nobles arofe, took leave of the company in the moft graceful manner, and walked out of the hall in their doublets, leaving their cloaks, which were of great value, behind them on the floor. The Emperor, who had admired their whole behaviour, was quite furprifed at this laft part of it ; and fent one of his courtiers to intreat the Duke and his followers to put on their cloaks. " Go (faid the Duke), and tell your mafter, that " it is not the cuftom of the Normans to carry " about with them the feats which they ufe at an " entertainment s7." Could any thing be more

57 J.Brompt. Chron. p. 911.

z 3 delicate

342 HISTORY OF BRITAIN. Book III-

delicate than this rebuke, or more noble, polite, and manly, than this deportment ? Foibles Thefe are the moil remarkable of the national of the virtues and agreeable qualities of the Anglo- Normans. Normans which are mentioned by our hiftorians of this period. We muft not imagine that thefe virtues were either unmixed or univerfal. A re- gard to truth obliges me to reverfe the medal, and take a view of their moft confpicuous foibles and prevailing vices. But on this unpleafant fubjecl;, the reader's attention mall not be long detained.

Their ere- The Normans were no lefs credulous than the Jjty* Anglo-Saxons. This is evident from the prodi- gious number of miracles, revelations, vifions, and inchantments, which are related with the greateft gravity by the bed of their hiftorians and other writers. " In this year (1171.), about " Eafler (fays Matthew Paris,) it pleafed the " Lord Jefus Chrift to irradiate his glorious " martyr Thomas Becket with many miracles, " that it might appear to all the world he had " obtained a victory fuitable to his merits. None " who approached his fepulchre in faith, re- " turned without a cure. For ftrength was re- " ilored to the lame, hearing to the deaf, fight " to the blind, fpeech to the dumb, health to " lepers, and life to the dead. Nay, not only " men and women, but even birds and beails, " were raifed from death to life s3." Giraldus

53 M. Paris, p, 87.

Cam-

Chap. 7. MANNERS, &c. 343

Cambrenfis, who was one of the mod learned and ingenious men of the twelfth century, amongfl many ridiculous ftories of miracles, vifions, and apparitions, tells of one devil who a6led a confiderable time as a gentleman's butler with great prudence and probity; and of another who was a very diligent and learned clergyman, and a mighty favourite of his archbifliop. This laft clerical devil was, it feems, an excellent hiftorian, and ufed to divert the archbifliop with telling him old ftories. " One day when he was '* entertaining the archbifhop with a relation of *' ancient hiftories and furprifing events, the «' converfation happened to turn on the incar- " nation of our Saviour. Before the incarnation, " faid our hiftorian, the devils had great power " over mankind ; but after that event their " power was much diminished, and they were " obliged to fly. Some of them threw them- " felves into the fea ; fome concealed themfelves " in hollow trees, or in the clifts of rocks ; and " I myfelf plunged into a certain fountain. As " foon as he had faid this, finding that he had dif- ** covered his fecret, his face was covered with " blufties, he went out of the room, and was no " more feen." S9

The Normans were as curious as they were Their cu- credulous. This prompted them to employ many vain fallacious arts to difcover their future fortunes, and the fuccefs of their undertakings.

s> Girald. Cambrenf. Itin. Camb. 1. r. ch.ia. p. 853.

z 4 John

344 HISTORY OF BRITAIN. Book III.

John of Salifbury enumerates no fewer than thirteen different kinds of diviners or fortune- tellers, who pretended to foretell future events ; fome by one means, and fome by another60. Nor did this paffion for penetrating into futu- rity prevail only among the common people, but alfo among perfons of the higheft rank and greateft learning. All our kings, and many of our earls and great barons, had their aftrologers, who refided in their families, and were confulted by them in all undertakings of importancce 6l. We find Peter of Blois, who was one of the moft learned men of the age in which he flourifhed, writing an account of his dreams to his friend the Bifhop of Bath, and telling him how anxious he had been about the interpretation of them ; and that he had employed for that purpofe divination by the pj alter62. TheEnglilh, it feems probable, had Hill more fuperftitious curiofity, and paid greater attention to dreams and omens than the Normans. For when William Rufus was diffuaded from going abroad on the morning of that day on which he was killed, becaufe the Abbot of Gloucefter had dreamed fomething which portended danger, he is faid to have made this reply, " Do you " imagine that I am an Englifhman, to be " frighted by a dream, or the fneezingofan " pld woman 63 ?" But the truth is, that ex-

J. Sarifburienf. de Nugig Curialium, 1. 1. ch. 13. p«36.

" See chap. 6. p. 109. " P. Blefenf. Ep. 30. p. 51.

Orderk. Vital, p. 78*.

ceffive

Chap. 7. MANNERS, &c. 345

ceffive credulity and curiofity were the weak- nefles of the times, rather than of any particular nation.

If we give entire credit to the furious decla- mations of fome of our hiftorians, and other writers in this period, againft the vices of their countrymen, we Ihould be conftrained to believe, that the Anglo-Normans were a mod profligate, vicious, and abandoned people. But fuch de- clamations of reclufe and melancholy men have abounded in every age, and are always to be read with fome degree of caution and diftruft. We have, however, the fulled evidence,, that viola- tions of the laws of humanity, chaftity, and juftice, prevailed fo much amongil that people in this period, that they may juftly be called their national vices.

Though the Normans were a brave and Their generous, they were alfo a haughty, paffionate, cruelty*. and fierce people, and their fiercenefs fometimes degenerated into cruelty. " When it pleafed " God (fays one of our ancient hiftorians) to " bring deftruction upon the Englilh, he em- " ployed the Normans to execute his vengeance, " becaufe he knew that they delighted more in " blood and daughter than any other nation **.*' Nothing could be more deplorable than the de- vadations of William the Conqueror, in his expedition into Northumberland, A. D. 1 070. He fet out on that expedition, with a declared

64 Hen* Huntingdon; p. su.

intention

-46 HISTORY OF BRITAIN. Book III.

intention to deftroy the whole country with fire and fword, and exterminate all its inhabitants, men, women, and children ; and he executed that barbarous intention with a favage perfever- ing cruelty, of which there are not many ex- amples in the hiftory of mankind65. The de- fcription given by the author of the Saxon Chronicle of the cruelties exercifed in the reign of King Stephen, by the great barons and lords of caftles, who were all Normans, affords a ftill flronger proof of the excefles of which they were capable, when their paflions were inflamed: " They grievoufly oppreffed the poor people with " building caftles ; and when they were built, " they filled them with wicked men, or rather " devils, who feized both men and women who <e they imagined had any money, threw them " into prifon, and put them to more cruel tor- " tures than the martyrs ever endured. They *' fuffocated fome in mud, and fuipended others by the feet, or the head, or the thumbs ; " kindling fires below them. They fqueezed " the heads of fome with knotted cords, till they " pierced their brains, while they threw others " into dungeons fwarming with ferpents, fnakes, " and toads 66." But it would be cruel to put the reader to the pain of perufing the remainder of this defcription.

Their The great profperity of the Normans in Eng-

oTchat8 land> feems to have contributed not a little to

thy.

** See vol. 5. p. ao. K Chron. Saxon. 238*

14 inflame

Chap. 7. MANNERS, &c. 347

inflame their paflions and corrupt their manners. This is directly afferted by one of our ancient hiflorians, in a paffage already quoted in this chapter 67. Their great power and profperity, in particular, appears to have rendered them re- gardlefs of that refpect and decency with which the fair fex was commonly treated in thofe times, and made them wanton and licentious in their behaviour to the wives and daughters of the Englifh. This licentioufnefs was fo great, that the Princefs Matilda, daughter of Malcolm Can- more, King of Scotland, and afterwards Queen of Henry I., being educated in England, was obliged to wear the veil of a nun, to preferve her honour from being violated by the Normans. The Princefs herfelf affirmed, before a great council of the clergy of England, that this was the only reafon of her having worn the veil : and the council admitted the validity of her plea, in thefe remarkable words: "When the great <e King William conquered this land, many of " his followers, elated by fo great a victory, and " thinking that every thing ought to be fubfer- " vient to their will and pleafure, not only feized " the poffeflions of the conquered, but invaded " the honour of their matrons and virgins, with <e the mod unbridled wantonnefs, whenever " they had an opportunity. This obliged many " young ladies, whd dreaded their violence, to " take fhelter in nunneries, and to put on the veil,

" See p. 3 1 7.

"to

HISTORY OF BRITAIN. Book IIL

" to preferve their honour 6g." When this diflb- lution of manners was introduced, it was not eafily corrected, but continued through the whole of this period, though direct violence was re- ftrained. It would be highly improper to ftain the pages of hiftory with proofs and examples on this fubject, which might eafily be produced. Of the licentioufnefs of manners in this refpect, it will probably be thought fufficient evidence that public Hews were eftablifhed by law in London, and probably in other cities, in this period; and that the ladies of pleafure who followed the camps and courts of the kings of England in all their motions, were formed into regular incorpo- rations, and putunder the government of officers, who were called the mar/hols of the whores 6<\ Thefe officers, both in the camp and court, had eftates annexed unto them, and were here- ditary.

Unnatural Several of our hiflorians, and other writers in crime. fcnis period, reproach the Normans in the fevered terms for introducing and pradtifing an unnatu- ral crime, which is too deteftable to be named. To fupport the truth of this affertion, a few of thefe reproaches in the original language, may be feen below.

That

68 Eadmeri Hiih 1.3. p.j;.

69 Stoves Survey of London, vol. a. p.;. Blount's Fragment* Antiquitatis, p. 8. 80. 8a. 85. tz6.

7" Nefandiffimum Sodom:e fcelus (ut illicka confanguineorurw connuhia, et alia multa rerum deteftandarum facinorofa negotiav taceam), fcelus inquam Sodoraje, noviter in hac terra divulgatum*.

jaia

Chap. 7. MANNERS, &c. 349

That profperity which plunged the Normans Tyranny into thefe licentious courfes, prompted them to various acts of tyranny and oppreffion, and em- boldened them to invade the rights and injure the perfons of others, efpecially of the unhappy Englifh. Some of the tyrannical defpotic actions of 'the fovereigns who reigned in this period, have been occalionally mentioned, to which many more of the fame kind might eafily be added 7I. But the fovereigns were not the only tyrants in the times we are now delineating. Many earls, barons, fheriffs, foreilers, and judges, were petty defpots in their feveral diftricts. One of our ancient hiftorians defcribes the ftate of England, at the death of William the Conqueror, in this manner : " The Normans had now fully " executed the wrath of Heaven on the Englifh. tc For there was hardly one of that nation who " poiTefied any power, but they were all involved " in fervitude and forrow, infomuch that to be

" called anEngli(hman,was a reproach. In

thofe miferable times, many oppreffive taxes " and tyrannical cufloms were introduced. The

jam plurimum pullulavit, multofque fuo immanitatse foedavit. Ead- meri Hift. /. I. ^.14.

Nefandum egitur illud et enorme nimis Normannorum crimen, quod olim a Francis mutuati, nunc fibi velut proprium vindicant. Anglia Sacra, torn. 2. p. 406.

Sed quid filias et uxores (quod licet jura prohlbeant, tamen quo- cunque modo natura permittit) exponi queror aut proftitui ? In ipfam naturam, quafi gigantes alii, Theomachiam novam exert entes infurgunt. Filios offerunt Veneri, &c. /. Sarijburlenf. l.$.p.iy$.

71 See p. 79, 80.

« king

HISTORY OF BRITAIN. Book III.

" king himfelf, when he had let his lands at their " full value, if another tenant came and offered " more, and afterwards another, and offered " flill more, violated all his former pactions, and " gave them to him who offered moll. The " great men were inflamed with fuch a violent *c rage for money, that they cared not by what " means it was acquired. The more they talked "of juftice, the more injurioufly they acted. " Thefe who were called jufticiaries, were the " fountains of all iniquity. Sheriffs and judges, *c whofe duty it was to pronounce righteous " judgments, were the mod cruel of all tyrants, " and greater plunderers than common thieves " and robbers "*." The truth is, that the caftles of fome of the great barons were no better than dens of thieves and robbers, who extorted money from the unfortunate people who fell into their hands, by the moft cruel methods73. The woods alfo were haunted by troops of banditti, who were fo terrible to the inhabitants of the furrounding countries, that they had a form of prayer againft robbers, which they faid every evening when they fliut their doors and win- dows 74. In a word, there is the fulleft evidence, that in this period, both the lives and properties of the people of England were expofed to many injuries and dangers from feveral different quarters.

72 Hen. Hunt. 1. 8. p. aia.

7J See p.345> 346. W. Malmf. l.a. p. 105.

74 M. Paris, Vit. Abbat. p. 29. col. i.

The

Chap. 7. MANNERS, &c. 351

The inhabitants of Wales, and of the far Language. greateft part of Scotland, ftill continued to fpeak the languages of their anceflors, the ancient Britons and Caledonians; an account of which hath been already given 7S. As the people of England confifted of two different nations, the Normans and Anglo-Saxons, they fpoke, for a confiderable time at leaft, two different lan- guages, the Norman-French and the Saxon. The obfervations which have been made on the former of thefe languages, commonly called the Romance tongue, in the fourth and fifth chapters of this book, together with the fpecimens which have been given of it in the laft of thefe chapters, will, it is hoped, be thought fufficient to give a tole- rable view of its origin and ftructure, and prevent the neceffity of faying any thing further upon it in this place '/6. A ftill more extended defcrip- tion of the Saxon tongue hath been given in the feventh chapter of the fourth volume, to which the reader is referred 77. In fpite of all the efforts that were made by the Norman con* querors to abolifli this language, and introduce their own in its room, it ftill continued to be the vulgar tongue of the great body of the people of England through the whole of this period, with fuch flight and gradual changes as time and other circumftances are apt to make in all living

75 See rol. *, p. 336, &c. Appendix, No. 10. p. 486. 7* Seechap.4. p. 89. chap. 5. p. 338. 77 See vol. 4. p.36a— 373.

languages.

352 HISTORY OF BRITAIN. Book III.

languages. Thefe changes appear to have been very flow, and almofl imperceptible, in the courfe of a whole century after the conqueft. Of this we may be convinced, by comparing the charter of King Harold ?s, written a little after the middle of the eleventh century, with the lail paragraph of the Saxon Chronicle, written a little after the middle of the twelfth century. To enable us to make this comparifon, that para- graph, with a" literal tranflation interlined, is here fubjoined :

Specimen An. MCLIV. On this yaer waerd the King sLronof A.J). 1154. In this year was the King

this period.

Stephen ded ; and bebyried there his wif and Stephen dead ; and buried where his wife and

his fune waeron bebyried set Tauresfeld. That his Jon were buried at Touresfield. That

minftre hi makiden. Tha the king was ded, minfter he made. When the king was dead,

tha was the eorl beionde fae. And ne durfle then was the earl beyond fea. And not durjl

nan man don other, bute god for the micel no man do other , but good for the great

" See vol.4- p.37* 373-

79 This word is ftill ufed in Scotland in the fame fenfe.

eie

Chap. y. MANNERS, &c.

eie of him. awe of him.

was he under-fangen mid micel wartfcipe ; and was he received with great worj/iip ; and

to king bletcsed in Lundine, on the

to be lung confecrated m London, on the

Sunnen daei beforen mid-winter-daei. Sunday before mid-winter-day.

From the above fpeciraen it appears, that the oi>fenra- chief difference between the Saxon that was tlons on

the above

fpoken in England at the conqueft, and that which was fpoken a century after, confided in this, that the latter approached a little nearer to modern Englifli than the former, and differed from it rather in the difpolition and fpelling of the words, than in the words themfelves. For in this fpecimen there are not above three of four words that are abfolutely unintelligible to an Engliih reader. This fragment alfo affords a further evidence of a very curious facl, which might be proved by many other arguments, that the enmity between the Normans and Anglo-Saxons continued very long, and that they mingled as little as poffible in converfation during the firft century after the conqueft. For, in the above fpecimen, there is not fo much as one word derived from the language of the Nor- mans. By flow degrees, however, this enmity abated, and the two nations began to converfe VOL. vi. A A more

354 HISTORY OF BRITAIN. Book III.

more familiarly together ; which naturally pro- duced this effeft, that the language of the great majority of the people became the prevailing and vulgar tongue of the whole, but mixed with a tincture of the language of the minority. The Heps by which this effe6l was produced will be traced in the next period of this work. Drefg. The people of Normandy and Flanders, of

which great numbers followed the Conqueror into England, were remarkable for the beauty and elegance of their perfons 8o. They were alfo very oftentatious and fond of pomp. Thefe two things prompted them to pay great attention to their drefs ; of which it is proper to give a very brief defcription. 8I

Long curl- There was hardly any thing againft which the ed hair, clergy in this period declaimed with greater ve- hemence, than the long curled hair of the laity, efpecially of the courtiers 82. Deprived of this ornament themfelves, by their clerical tonfure, they endeavoured to deter others from enjoying it, by reprefenting it as one of the greateft crimes, and moft certain marks of reprobation. Anfelm Archbifhop of Canterbury even pro- nounced the then terrible fentence of excommu- nication againft all who wore long hair, for which pious zeal he is very much commended 83. Serlo, a Norman bifhop, acquired great honour

80 W. Malmf. 1.5. p. 98. coLi. 8I Hen. Hunt.p.aa». col.i.

82 Eadmeri Hift. p. 23. Orderic. Vital. p.68a.

83 Eadmer.p.Si.

by

Chap. 7. MANNERS, &c. 355

by a fermon which he preached before Henry I., A.D. 1104., againft long and curled hair, with which the King and all his courtiers were fo much affected, that they confented to refign their flowing ringlets, of which they had been fo vain. The prudent prelate gave them no time to change their minds, but immediately pulled a pair of {hears out of his fleeve, and performed the operation with his own hand 84. Another incident happened about twenty-five years after ; which gave a temporary check to the prevailing fondnefs for long hair : it is thus related by a contemporary hiftorian : " An event happened, "A. 0.1129., which feemed very wonderful " to our young gallants ; who, forgetting that " they were men, had transformed themfelves " into women by the length of their hair. A " certain knight, who was very proud of his " long luxuriant hair, dreamed that a perfon fuf- " focated him with its curls. As foon as he " awoke from his fleep, he cut his hair to a *c decent length. The report of this fpread " over all England, and almoft all the knights " reduced their hair to the proper ftandard. But " this reformation was not of long continuance. " For in lefs than a year all who wifhed to appear " fafliionable, returned to their former wicked- " nefs, and contended with the ladies in length ** of hair. Thofe to whom nature had denied " that ornament, fupplied the defect by art." 8i

*4 Orderic Vital. p.8i6.

« W. Malmf. Hift, Novel. 1. 1. p.. 99. col. ».

A A 2 •' The

356 HISTORY OF BRITAIN. Book III

Shaved The Normans had as great an averfion to"

beards. beards as they had a fondnefs for long hair. Among them, to allow the beard to grow, was an indication of the deeped diftrefs and mifery *'• They not only fhaved their beards themfelves, but, when they had authority, they obliged others to imitate their example. It is mentioned by fome of our ancient hidorians, as one of the mod wanton ac~ls of tyranny in William the Con- queror,— that he compelled the Engliih (who had been accuftomed to allow the hair of their upper lips to grow) to fhave their whole beards 87. This was fo difagreeable to fome of that people, that they chofe rather to abandon their country than refign their whifkers. S8

Veftments. The veftments of the Normans at the conqueft, and for fome time after, were fimple, convenient, and even graceful; but before the end of this period they degenerated not a little from their iimplicity, and became fantaftical enough in fome particulars. Thole of the men were caps or bonnets for the head, fhirts, doublets, and cloaks, for the trunk of the body, and breeches, hofe, and (hoes, for the thighs, legs, and feet. It may be proper to take a little notice of what was mod remarkable in each of thefe.

Their caps Thetcaps or bonnets of the Anglo-Normans and boa- were made of cloth, or furs. They were of va- rious fliapes and colours, and differently orna-

*6 Orderic. Vital, p. 84 7- *7 M. Paris, Vit. Abbat.p.29.

f Id. ibid. p. 30.

mented.

Chap. 7. MANNERS, &c. 357

mented, according to the tafle, i^nk, and cir- cumftances of the wearers. The Jews were obliged to wear fquare caps of a yellow colour, to diftinguifh them from other people8^. The bonnets of kings, earls, and barons, efpecially thofe which they ufed at public folemnities, were of the fineft cloths, or richeft furs, and adorned with pearls and precious flones. «°

The ftrirts of all perfons of rank and fortune, Their and even of the great body of the people, were fllirts* of linen ; which was now become fo common, that it was no longer taken notice of by our writers as a fingularity. As this part of drefs is not much feen, it hath not been much affected by the tyranny of caprice and fafhion.

Doublets or circoats were worn next the fliirt, Their and made to fit the fliape of the body. This doublets- veflment appears to have been ufed fhorter or longer, at different times, and even at the fame time, by perfons of different ranks. For while the circoats of kings, and perfons of quality, reached almofl to their feet, thofe of the com- mon people reached no lower than the middle of the thigh, that they might not incommode them in labouring91. The ileeves of thefe doublets reached to the wrifts. They were put on, over the head, like a fliirt, and made faft about the

89 Du Cange Gloff. torn. 8. p-483-

90 See Mr. Strutt's View of the Manners> Cuftoins, &c. voL I. plates 4z. 44. 49.

91 Id. ibid, vol.i. plates 8, 9, 10, n, 12, 13.

A A 3 waift

358 HISTORY OF BRITAIN. Book III.

waift with a belt or girdle. The girdles of kings were commonly embroidered with gold, and Jet with precious Hones. ^

Mantles. The cloak or mantle was one of the chief veft- ments of the Anglo-Normans. The mantles worn by kings, and other great perfons, were very valuable, being made of the fined cloths, embroidered with gold or iilver, and lined with the mod coftly furs. Robert Bloet, the fecond BHhop of Lincoln, made a prefent to Henry I., of a cloak of exquifitely fine cloth, lined with black fables, with white fpots, which cofl *£ioo of the money of thofe times, equal in efficacy to £ 1500. of our money at prefent93. The cloak of Richard I. was ftill more fplendid, and pro- bably more expenfive. It is thus defcribed by his hiflorian : " The King wore a cloak, ftriped (C in itraight lines adorned with half-moons of '* folid iilver, and almoft covered with Ihining " orbs, in imitation of the fyftem of the hea- " venly bodies94." The fafhion of their cloaks changed oftener than once in this period, parti- cularly as to their length. Henry II. introduced the ihort cloak of Anjou, from which he got the furname of Court-Mantle 9S. At another time the fafhion was in the other extreme. •" In " our days (fays Ordericus Vitalis) they fweep " the ground with their long cloaks and gowns,

92 See Mr. Strutt's View of the Manners, Cuftoms, &c. vol. a. p. 16.

93 Anglia Sacra> torn. a. p. 417.

54 Vinifauf. Iter. Hierofolymit. La. 0.36. p. 335. 95 J. Brompt. col. 1150.

" whofe

Chap. 7. MANNERS, &c. 359

" whofe long and wide fleeves. cover their " hands, fo that they can neither walk nor a6l " with freedom." 96

Kings, earls, and great barons, ufed a gar- Rheno. ment in this period, called, in Latin, rheno, for which I do not know an Englifh name. It was made of the fined furs; covered the neck, bread, and ftioulders ; and was equally comfortable and ornamental. 9?

It is unnecefiary to detain the reader with a Breeches defcription of the breeches and dockings of the fnd ftock~ Anglo-Normans. They were both of cloth, of different colours, and different degrees of fine- nefs, according to the different fancies and cir- cumdances of the wearers. William Rufus dif- dained to wear a pair of dockings which cod lefs than a mark, equivalent to about ten pounds of our money at prefent. 98

The (hoes of the Normans, when they fettled Shoe*. in England, feem to have had nothing remark- able in their make. But before the end of this period, a very ridiculousand inconvenient fafliion of fhoes was introduced. This fafhion made its firft appearance in the reign of William Rufus; and was introduced by one Robert, furnamed tJte florned, from the fadiion of his (hoes. He was a great beau in the court of that prince, and ufed fhoes with long fharp points, fluffed with

96 Orderic. Vital, p. 68a.

*> Id. p. 5 35. Du Cange CldF. voc. Rheno.

»3 W. Malmf. p. 69.

A A 4 tOW,

3^0 HISTORY OF BRITAIN. Book III.

tow, and twifted like a ram's horn «».. This ridiculous faihion, fays the hiftorian, was ad- mired as a happy invention, and adopted by al- moft all the nobility '°°. The clergy were of- fended at this fafhion, and declaimed againft thefe long-pointed flioes with great vehemence ; but to no purpofe. For the length of thefe points continued to increafe through the whole of this period, and the greateft part of the next; when we Ihall find them arrived at a degree of extravagance which is hardly credible. Women's The two fexes did not differ very much from each other in their drefs, in the prefent period. The inner garments of women were more large and flowing in the under part, than thofe of men, and reached to the ground. Their mantles had commonly hoods annexed to them, which fome- times hung down behind as an ornament, and at other times covered their heads. The girdles of princeffes and ladies of quality were richly orna- mented with gold, pearls, and precious ftones, and at their girdles they had a large purfe or pouch fufpended. Both their inner garments and their mantles of Hate were embroidered with various figures, and lined with furs. They wore collars of pearls or precious ftones about their necks, and rings of great value on their fingers. The above defcription is chiefly taken from the prints, of Eleanor, Queen of Henry II., Beren-

W. Malmf. p. 69. col. 2. Orderic. Vital, p. 682. Id. ihicL

gana,

Chap.;. MANNERS, &c. 361

garia, Queen of Richard I., andElizabeth, Queen of King John, in the work quoted below. lot

The Anglo-Normans are faid to have been Diet, more delicate in the choice and dreffing of their victuals than the Anglo-Saxons I:*. It may ap- pear fanciful to fugged, that the art of cookery was improved by the introduction of feudal tenures, and yet this fuggeilion is very probable. For after thefe tenures were introduced, the office of cook, in great families, became heredi- tary, and had an eflate annexed unto it ; which naturally engaged fathers to inftruc~l their fons with care, in the knowledge of an art to which they were deftined by their birth I03. We even meet with eftates held by the tenure of dreffing one particular dim of meat. 1C4

The Anglo-Normans had only two dated Only two meals a day, which were dinner and fupper. ™alsa By the famous laws of Oleron, thofe failors who were allowed ftrong drink of any kind at the {hip's expence, were to have onjy one meal a day from the kitchen j but the Norman failors were to have two meals a day, becaufe they had only water at the (hip's allowance IOS. Robert Earl of Millent, the prime minifter and great favourite of Henry I., laboured earneltly, both by his ex- ample and exhortations, to perfuade the nobility

1CI Les Monumens de la Monarchic Fran9oife, par Montfaujon, torn. a. plate 15. p. 114.

102 W.Malmf. p. 5 7. col. a. Pleta, U. 0.75.

104 Blount's Fragmenta Antiquitatis, p.x.

**5 Godolphin's View of the Admiral Jurifdiclion, p. 1 7 7.

Of

362 HISTORY OF BRITAIN, BookllL

of England to have only one formal dated meal a day in their families °6. Henry of Hunting- ton complains very feelingly, that this parfimo- nious cuflom prevailed too much in his time ; and that many great men had only one meal a day in their houfes, which he imagined proceeded from their avarice rather than from their love of temperance, as they pretended '°7. This ftated meal, where there was only one, was an early and plentiful fupper ; but the mod common cuftom was to have two meals, a dinner and a fupper. The times The time of dinner, in this period, even at of dinner court, and in the families of the greatefl barons, * u was at nine in the forenoon, and the time of fupper at five in the afternoon. Thefe times were very convenient for difpatching the moft important bufinefs of the day without interrup- tion j as the one was before it begun, and the other after it was ended. They were alfo thought to be friendly to health and long life, according to the following verfes, which were then often repeated :

Lever a cinq, dinner a neuf, Souper a cinq, coucher a neuf, Fait vivre d'ans nonante et neuf. Io9

To rife at five, to dine at nine, To fup at five, to bed at nine, Makes a man live to ninety-nine.

>c6 W.Malmf. p. 90. col. 2. '°7 Hen. Hunt. 1.6. p. 109.

108 Recreations Hiftoriques, tom.i. p. 170.

At

Chap. 7. MANNERS, &c. 363

At dinner and flipper, but efpecially at the Their pro- lafl, the tables of princes, prelates, and great viflons' barons, were plentifully furnifhed with many diihes of meat dreffed in feveral different ways. William the Conqueror, after he was peaceably fettled on the throne of England, fent agents into different countries, to collect the mofi ad- mired and rare difhes for his table ; by which means, fays John of Salifbury, this ifland, which is naturally productive of plenty and variety of provifions, was overflowed with every thing that could inflame a luxurious appetite109. The fame writer tells us, that he was prefent at an entertainment which lafledfrom three o'clock in the afternoon to midnight; at which delicacies were ferved up, which had been brought from Conflantinople, Babylon, Alexandria, Paleftine, Tripoli, Syria, and Phenicia ll°. Thefe deli- cacies we may prefume were very expenfive. Thomas Becket, if we may believe his hiflorian . Fitz-Stephen, gave five pounds, equivalent to feventy-five pounds at prefent, for one difh of eels "l. The fumptuous entertainments which the kings of England, and of other countries, gave to their nobles and prelates, at the feftivals of Chriftmas, Eafter, and Whitfuntide, in which they fpent a great part of their revenues, contri- buted very much to diffufe a tafte for profufe and expenfive banquetting. It was natural for a proud

109 J. Sarifburien. $.553. "9 Id. p. 555.

111 W.Stephaned. Vita S. Thorns, p.ai.

and

HISTORY OF BRITAIN. Book III.

and wealthy baron to imitate, in his own caftle, the entertainments he had feen in the palace of his prince. Many of the clergy too, both fecu- lars and regulars, being very rich, kept ex- cellent tables. The monks of St. Swithins, at Winchefler, made aformal complaint to Hemyll. againfl their abbot, for taking away three of the thirteen dimes they ufed to have every day at dinner m. The monks of Canterbury were dill more luxurious ; for they had at leafl feventeen dimes every day, befides a deffert ; and thefe dimes were drafted with fpiceries and fauces, which excited the appetite as well as pleafed the tafte. II3

Great men had fome kinds of provifions at unknown, ^gjj. tables, that are not now to be found in Britain. "When Henry II. entertained his own court, the great officers of his army, with all the kings and great men of Ireland, in Dublin, at thefeaft of Chriftmas, A. D. 1171., the Irifti princes and chieftains were quite aftoniihed at the profufion and variety of provifions which they beheld, and were with difficulty prevailed upon by Henry to eat the flefli of cranes, a kind of food to which they had not been accuf- tomed "4. In the remaining monuments of this period, we meet with the names of feveral dimes, as dellegrout, maupigyrnun, karumpie,

112 Giraldus Cambrenf. de Rebus a fe geftis, La. 0.5.

113 Id. ibid.

114 Girald. Cambrenf. Expugnatio Hibernise, l.i. 0.3 a.

&C.

Chap. 7. MANNERS, &c. 365

&c. the competition of which, I imagine, is now unknown. "s

The people of Britain, efpecially perfons of Their rank and fortune, had feveral kinds of bread in this period. That which is called in Latin panis piperatus, was made of the finefl flour mixed with fpices, and is fometimes mentioned by our an- cient hiftorians II6. Simnel and waflel cakes were made alfo of the finefl flour, and were feldom feen, except at the tables of kings, pre- lates, barons, or monks. When the King of Scotland refided in the court of England, he was, by charter, allowed twelve of the King's waftel cakes, and twelve of his fimnel cakes, every day for his table "7. But the mod com- mon bread ufed by perfons in comfortable cir- cumflances, was made of the whole flour, coarfe and fine, the price of which was very early fettled by law in proportion to the price of wheat II8. The common people had bread made of the meal of rye, barley, or oats. "9

Perfons of high rank and great fortunes Their had variety of liquors, as well as of meats. drinks< For, befides wines of various kinds, they had pigment, morat, mead, hypocras, claret, cyder, perry, and ale. Some of thefe liquors, as pig- ment and morat, have been already defcribed ;

115 Fragraenta Antiquitatis, p.i. M.JParis. Vit. Abbat. p. 32. *ol. 2. "6 Gervas Chron. col. 1540.

"7 Rymeri Foedera, tom.i. p. 87. -"* M. Park, p. 145.

"9 Spelmanni GlofT. p. 467. col. 2.

and

366 HISTORY OF BRITAIN. Book III.

and others of them, as mead, cyder, perry, and ale, are fo well known, that they need no de- fcription lzo. The claret of thofe times was wine clarified, and mixt with fpices ; and hypocras was wine mixed with honey. The curious reader may find directions for making both thefe liquors in the work quoted below. iai

Diverfions. As ^he Anglo-Norman nobles were neither men of bufinefs nor men of letters, they had much leifure, and fpent much time in their di- veriions ; which were either martial rural theatrical or domeftic.

The martial fports of the middle ages, com- monly called tournaments, were the favourite diveriions of the princes, barons, and knights of thofe times. They had indeed the moft power- ful motives to be fond of thefe diveriions. For it was at tournaments that princes, earls^ and wealthy barons, appeared in the greateft pomp and fplendour. Tournaments were the beft fchools for acquiring dexterity and fkill in arms, and the moft public theatres for difplay- ing thefe accomplifhments, and thereby gaining the favour of the fair and the admiration of the world. '"

Origin of Tedious inveftigations of the origin of thefe

touma- martial fports, are neither fuited to the nature of

general hiftory, nor the limits of this work. It

120 See vol.4, p. 395. "' Du Cange doff. torn. a. p.66z.

'" Du Cange GlofT. voc. torneamentum. Memoires fur Chevalerie} torn. i. p.27- 88. 100. 154. 211. 263. torn. 2. p.23« 75, &c.

12 is

Chap. 7. MANNERS, &c. ;

is fufficient to take notice, that they began to be more famous and better regulated in France and Normandy, a little before the conqueft, than they had been in former times. Geoffrey de Pruilli, who was killed A.D. 1066., contributed fo much to this, that he is reprefented by feveral authors as the inventor of tournaments IZ3. That thefe military fports were introduced into Britain by the Normans, is highly probable. But they do not feem to have prevailed very much in England for a confiderable time after the con- queft, having been difcouraged, on account of the great danger and ruinous expence with which they were attended. " After this truce (fays " William of Newborough) between the kings " of France and England, A.D. 1194., the mi- " litary fports and exercifes, which are com- " monly called tournaments, began to be cele- " brated in England by the permiffion of King " Richard, who impofed a certain tax on all who *e engaged in thefe diverfions. But this royal " exaction did not in the lead abate the ardour " with which the youth of England crowded to " thefe exercifes. Such conflicts in which the " combatants engaged without any animofity, " merely to difplay their dexterity and ftrength, " had not been frequent in England, except in " the reign of King Stephen, when the reins of " government were much relaxed. For in the " times of former kings, and alfo of Henry II.,

"3 Chron. Touronen. A,D. 1066.

" who

368

HISTORY OF BRITAIN. Book III-

" who fucceeded Stephen, tournaments were " prohibited ; and thofe who delired to acquire " glory in fuch conflicts, were obliged to go " into foreign countries. King Richard, there- *e fore, obferving that the French were more " expert and dexterous in the ufe of their arms " in battle, becaufe they frequented tourna- " ments, permitted his own knights to celebrate " fuch martial fports, within his own territories, *c that they might no longer be infulted by the " French I2V The reader will find a tranfla- tion of this edict of King Richard in the Ap- pendix, No. 4.

Defcrip- The moft fplendid tournaments were cele- touma- brated by fovereign princes of a martial cha- ments- racier, at their coronations, marriages, victories, or on other great occafions. When a prince had refolved to hold a tournament, he fent heralds to the neighbouring courts and countries to publifh his defign, and to invite all brave and loyal knights to honour the intended folemnity with their prefence. This invitation was accepted with the greateil joy ; and at the time and place appointed, prodigious numbers of perfons of high rank, and of both fexes, commonly aflem- bled. Judges were chofen from among the moll noble and honourable knights, who were inveiled with authority to regulate all prelimi- naries and determine all difputes. Some days before the beginning of the tournament, all the

W. Neubrigen. 1. 5.

knights

Chap. 7. .MANNERS, &c. 369

knights who propofed to enter the lifts, hung up their fhields in the cloifter of a neighbouring monaftery, where they were viewed by the ladies and knights. If a lady touched one of the fhields, it was confidered as an accufation of its owner, who was immediately brought before the judges of the tournament, tried ^vith great fo- lemnity, and if found guilty of having defamed a lady, or of having done any thing unbecoming the character of a true and courteous knight, he was degraded, and expelled the affembly with every mark of infamy. The lifts were efFe6lually fecured from the intrufion of the fpeetators, and furrounded with lofty towers and fcaffolds of wood in which the princes and princeffes, ladies, lords, and knights, with the judges, marlhals, heralds, and minftrels, were feated iri their proper places, in their richeft drefles. The combatants, nobly mounted, and completely armed, were conducted into the lifts by their refpeetive miftrefies, in whofe honour they were to fight, with bands of martial mufic, amidft the acclamations of the numerous fpeetators. It would be tedious to defcribe all the different kinds of combats that were performed at a royal tournament, which continued feveral dajs. It is fufficient to take notice, that reprefentations were exhibited of all the different parts of actual war, from a fingle combat to a general action, with all the different kinds of arms, as fpears, fwords, battle-axes, and daggers. At the con- clufion of every day's tournament, the judges VOL. vi. B B declared

270 -HISTORY OF BRITAIN. Book III.

declared the vi6lors, and diftributed the prizes, which were prefented to the happy knights by the greateft and mofl beautiful ladies in the affembly. The victors were then conducted in triumph to the palace ; their armour was taken off by the ladies of the court ; they were dreffed in the richeft robes, feated at the table of their fove- reign, and treated with every poffible mark of diftinction. Befides all this, their exploits were inferted in a regifter, and celebrated by the poets and minftrels who attended thefe folemnities. In a word, the victors became the greateft fa- vourites of the fair, and the objects of univerfal admiration. It is eafy to imagine with what ardour young and martial nobles afpired to thefe honours, fo flattering to the flrongeft paffions of the braveft hearts. The moft magnificent tour- nament celebrated in this period, was that pro- claimed by the King of England, Henry II. A. D. ii 74., in the plains of Beaucaire, at which no fewer than ten thoufand knights, be- fides ladies and other fpectators, are faid to have been prefent. 12S

Quintain, No perfon under the rank of an efquire was permitted to enter the lifts at tournaments ; which gave occafion to limilar fports among

125 For the proofs of this delcription, and for a fuller account of the martial fports of the middle ages, the reader may confult Memoires fur 1'Ancienne Chevalerie, par M. de Sainte Palaye. Moeurs de Fran£ois, par M. le Gendre. Du Cange GlofT. voc. Tournamentum. Le P. Meniftrier Traites fur la Chevalerie, Honorc de St. Marie Diflertat. fur la Chevalerie.

10 burgefles

Chap. y. MANNERS, &c.

burgeffes and yeomen. Of this kind was the game called the quintain, which is thus defcribed: A flrong poll was fixed in the ground, with a piece of wood, which turned on a fpindle on the top of it. At one end of this piece of wood a bag of fand was fufpended, and at the other end a board was nailed. Againft this board they tilted with fpears, which made the piece of wood turn quickly on the fpirtdle, and the bag of fand ftrike the riders on the back with great force, if they did not make their efcape by the fwiftnefs of their horfes I26. Of this kind alfo was the Iport on the Thames, which is thus defcribed by Fitz- Stephen : " A fhield is nailed to a pole fixed in " the midft of the river. A boat is driven with " violence by many oars and the flream of the " river. On the prow of the boat Hands a " young man, who, in paffing, tilts againfl the " ftiield with a fpear. If the fpear breaks and " he keeps his ftation* he gains the prize j but " if the fpear doth not break he is thrown into " the river. To prevent his being drowned, a " boat is moored on each fide of the fhield, " filled with young men, who refcue him as " foon as pofiible. The bridge, wharfs, and 66 houfes, are crowded with fpeftators ready to " break out into loud burfts of laughter l27." The youth in towns and villages diverted them- felves on holidays with running, leaping, wreft-

116 Stow's Survey of London, vol. i. p. 449. Rennet's Parochial Antiquities, p. 19. "7 W. Stephaned. Defcript. Lond. p.8.

B B 2 ling,

372 HISTORY OF BRITAIN. Book III.

ling, throwing ftones and darts, and ihooting with bows and arrows, which were ufeful amufe- ments, and fitted them for acting their parts in time of war. In great cities, particularly in London, wild boars and bulls were baited by dogs for the entertainment of the populace 128. Cock-fighting and horfe-racing were not un- known in this period; but they feem to have been confidered as childifh rather than manly amufements 1Z9. In frofl the youth diverted themfelves in various ways upon the ice, parti- cularly by Ikating with the fliank-bones of Iheep tied under their (hoes, and at the fame time tilt- ing againft each other with pointlefs fpears. 13° Hunting It is hardly poffible for the keeneil fportfman and hawk- of ^he prefent age to form any idea of the ex- ceflive fondnefs of the Anglo-Norman kings and nobles, for the rural diverfions of hunting and hawking. In thefe they fpent the greateft part of their time and of their revenues ; and to their fondnefs for them they too often facrificed their intereft, their honour, and their humanity. *' In our times (fays John of Salisbury) hunting " and hawking are efleemed the moil honour- " able employments, and mod excellent virtues, " by our nobility : to fpend their whole time in " thefe diveriions, they think is the fupreme

" felicity of life. They prepare for thefe

<c fports with more anxiety, expence, and buftle,

"• W. Stephaned Defcript. Lond. p. 8. I2» Id. ibid.

130 Id. ibid.

than

Chap. 7. MANNERS, &c. 373

" than they do for war ; and purfue wild beafts " with greater fury than they do the enemies of

" their country. By their conftant purfuit of

" this way of life, they lofe the beft part of their " humanity, and become almoft as great monflers " and favages, as the animals which they hunt.

" Hufbandmen with their harmlefs herds "

" and flocks are driven from their well-cultivated " fields, their meadows, and their pad ures, that

"wild beafts may range in them at large.-^ If

" one of thefe great and mercilefs hunters pafs ** by your habitation, bring out quickly all the " refreftiments you have in your houfe, or you -" can buy or borrow from your neighbours, that " you may not be involved in ruin, or even " accufed of treafon IJI." It would be eafy to produce many other proofs of the fondnefs, or rather rage, of the Anglo-Norman kings and nobles of this period for the fports of the field ; but this feems to be as unnecefiary as it is to defcribe thefe diverfions, which, are fo well underftood. So general was this rage for thefe rural fports, that both the clergy and the ladies were feized with it, and many of them fpent much of their time in hunting and hawking. Walter Bifliop of Rochefter, as we learn from a letter of Peter of Blois, was fo fond of hunting, that when he was eighty years of age, it was the only employment of his life, to the total neglecT;

'." J. Sariflburienf. de Nugis Curialium, 1. 1. 0.4.

B B 3 Of

374 HISTORY OF BRITAIN. Book III.

of the duties of his office I32. The Englifh ladies of this period applied fo much to hawking, that they excelled the gentlemen in that art ; which John of Salifbury, very unpolitely, produces as a proof, that hawking was a trifling and frivolous amufement. I33

Theatrical Though theatrical entertainments in Britain merits!"1 were fo imperfect in this period, that they might, without much impropriety, have been omitted in this place ; yet there is fufficient evidence that they were not unknown, or even uncommon. They were of two kinds, ecclefi- aflical and fecular.

Ecclefiaf- The ecclefiaflical plays of this period were caiLcfmi- compofed by the clergy, and acted by them and racles. their fcholars ; and confifted of reprefentations of events or actions recorded in the Scriptures, or in the lives of the faints. When Geoffrey, t&e fixteenth abbot of St. Alban's, was a young rnan, and prefided ia the i'chool of Dunilaple, about A. D. 1 1 10., " he compofed (fays Matthew " Paris) a certain Play of St. Katherine, of that " kind which we commonly call miracles, and « borrowed from the facrift of St.Alban's fome " of the facred veftments of that abbey, to <c adorn the perfons who acted his play I3V Peter of Blois congratulates his brother William, who was an abbot, on the fame he had acquired

131 P. Blefenf. Ep-56. p.8z.

133 J. Sarifburienf. l.i. 0.4. p. 13, 14.

134 M. Paris, Vit. Abbat. p.35. col.z.

Chap. 7- MANNERS, &e. 375

by his tragedy of Flaura and Marcus, and by his other theological works 13S. " London (fays " Fitz-Stephen), for theatrical fpeclacles, hath *e religious plays, which are reprefentations of " the miracles which holy confefibrs had wrought, <* and of the fufferings by which martyrs had " difplayed their conflancy." I36

The fecular plays of this period feem to have Secular been of a very different nature and tendency from plays< the eccleliaflical. The clergy were prohibited from frequenting them, by the fixteenth canon of the fourth general council of Lateran, A.D. 1215. I37 They feem, indeed, to have been very improper entertainments for the clergy. For, according to the defcriptions given of them by contemporary writers, they appear to have con- fifted of comic tales or ftories, intermixed with coarfe jefts, and accompanied, in the acting, with inftrumental mufic, finging, dancing, gefti- culations, mimicry, and other arts of railing laughter, without much regard to decency138. They were aclred by companies of ftrollers, com- pofed of minftrels, mimics, fingers, dancers, wrefllers, and others, qualified for performing the feveral parts of the entertainment IS9. Such companies conftantly followed the courts of the kings of England, and from time to time vifited

135 P.Blefenf. Ep. 93. p.i45-

136 W.Stephaned. Defcript. Lond. p.;.

137 DuPin, EccleF. Hift. cent. 13. c-4. p. 98. IJ* J. Sarifburienf. l.i. c. 8. p. 34, 33> 34.

^'» Id. ibid. p. 34.

B B 4 the

HISTORY OF BRITAIN. "Book III.

the caftles of earls and great barons, where they were well entertained and generoufly reward- ed I4°. The reader will perceive, from the quo- tation below, how little regard thefe ancient players paid to decency in their exhibitions, and how indelicate our anceflors were in their diver- fions I4t. I chufe rather to give this quotation in the original language than in a tranflation, for very obvious reafons.

DomeiHc A minute defcription of all the domeftic diver- dnrerfions. flons of t^e kingSj nobles, and people of Britain, in this period, is not neceffary, and would fwell this article beyond its due proportion. The fol- lowing very brief account of the two mofl ad- mired and fafhionable domeftic games, thofe of chefs and dice, will, it is hoped, be thought futficient.

Chefs and The game of chefs, and feveral games at dice, were much ftudied and practifed by perfons of rank and fortune in this period. Some know- ledge of thefe games was fo neceffary to every gentleman, efpecially if he afpired to the honour of knighthood, that they were commonly made a

140 J. Sarifburienf. 1. 1. c. g. p. 34. P. Blefenf, Ep. 14. p. 24. '- col. a.

141 Hinc mimi, fall! vel faliares, balatrones, amiliani, gladiatores, palseftritae, gignadii, preftigiatores, malefici quoque muki, et tota joculatorum fcaena procedit. Quorum adeo error invaluit, ut a prseclaris domibus non arceantur, etiam illi qui obfcaenis parti- bus corporis, oculis omnium earn ingerunt turpitudinem, quam erubefcat videre vel Cynicus. Quodque magis mirere, nee tune .ejiciuntur, quando tumultuantes inferius crebo fonitu aerem foedant, & turpitur inclufum, turpius produnt. /. Suri/burifnf. Jc Nugh Curia- Hum, Li. c. 8. p. 34.

part

Chap. 7. MANNERS, &c., -win ' 377

part of his education I4i. Peter of Blois, in one of his letters to a friend, who had a very profli- gate young man under his care, afcribes the profligacy of the youth to the education he had received from his father, who , being a great gamefter, had taught his fon to play at dice when he was but a child : " For I do not won- " . der (fays he), that he is a vicious young man, "who in his childhood was taught to play at " dice, which is the mother of perjury, theft, " and facrilege I43." " In our times (fays " another writer of this period) expertnefs in " the art of hunting, dexterity in the damnable " art of dice playing, a mincing effeminate way " of fpeaking, and great Ikill in dancing and " mufic, are the moil admired accompliftiments et of our nobility. In thefe arts, our young " nobles imitate the examples, and improve by " the inilructions, of their fathers I4V Matthew Paris blames the Englifh barons who had revolted from King John, for fpending their time in London, in eating, drinking, and playing at dice, when they mould have been in the field145. Nor was this fondnefs for dice confined to the nobility ; for we meet with fome clergymen, and even bimops, who are faid to have fpent much of their time in thefe games I46. It appears alfo that the gamefters of this period were

Memoires fur la Chevalerie, parM.de St. Palaye, torn. I. p.136. ^ P. Blefenf.Ep. 74. p.iii.

'* J.Sarifburienf. l.i. c.j. p.aj. l# M. Paris, p. 187. col.i.

* Orderic. Vital, p. 550.

acquainted

HISTORY OF BRITAIN. Book III,

acquainted with many different games at dice, of which a writer of thofe times gives us the Latin names of no fewer than ten I47. But I confefs my incapacity to defcribe the games in- tended by thefe names.

Laws This too violent paffion for games of chance

againft Was then (as it has always been) attended with

gaming. . . v . ••,•,-,

various mconvemencies, both to the gamefters themfelves and to fociety. To the gamefters, by diffipating their fortunes, by confuming their moft precious hours, and by making them neglect their moft important duties. To fociety, by depriving it of the advantages it might have derived from a better application of the time and talents of many of its members. To prevent thefe inconveniencies, by laying this dangerous paffion under fome reftraints, feveral canons and laws were made. A tranflation of one of thefe laws will form no improper conclti- fion to this article. This remarkable law was one of thofe promulgated by the united authority of Richard I. King of England, and Philip- Auguftus King of France, with the advice and confent of their archbifhops, bifhops, earls, and barons, for the government of their forces, in their expedition to the Holy Land, A.D. 1190. It is the fecond in that fyftem of laws, and is to this purpofe : '* Befides, none in the whole army *' fhall play at any kind of game for money, " except knights and clerks j who fhall not lofe

147 J. Sariiburienf. l.i. c. 5. p. 33.

" above

Chap. 7. MANNERS, &c. 379

" above twenty (hillings (equal in efficacy to " about fifteen pounds of our money at prefent) " in one day and one night. But if any knight *' or clerk ftiall lofe more than twenty (hillings '* in one day, he (hall pay one hundred millings " (equivalent to about feventy-five pounds of " our money) for every fuch offence, into the " hands of the above-named comrniffioners, who " (hall have the cuftody of that money 14S. But " the two kings (hall be under no reftriftions, " but may play for as much money as they " pleafe. The fervants who attend upon the " two kings at their head-quarters may play to " the extent of twenty (hillings. But if any " other foldiers, fervants, or failors, (hall be " found playing for money among themfelves, " they (hall be punrfhed in the following man- " ner, unlefs they can purchafe a pardon from " the commiffioners, by paying what they (hall " think proper to demand: Soldiers and (er- " vants (hall be dripped naked, and whipt " through the army three days. Sailors (hall be ". as often plunged from their (hips into the fea, " according to the cuftom of mariners." 149

148 Thefe commiffioners are named in the preceding law.

*" J.Brompt. Chron. p.iiSa. Benedift. Abbas, torn. 2. p. 610.

APPEN.

APPENDIX

TO THE

THIRD BOOK.

NUMBER I.

Magna Carta Regis Johannis, xv die Junii MCCXV. Anno Regni xvii.

JOHANNES Dei gratia rex Anglie dominus Hybernie No. I. « ^ -—

dux Normannie Acquitanie et comes Andegavie archie- pifcopis epifcopis abbatibus comitibus baronibus jufticiaf iis foreftariis vicecomitibus prepofitis miniflris et omnibus ballivis et fidelibuS fuis falutem Sciatis nos intuitu Dei et pro falute anime noftre et omnium ariteceflbrum et here- dum noftrorum ad honorem Dei et exaltationem fanfte ecclefie et emendationem regni noftri per confilium vene- rabilium patrum noftrorum Stephani Cant' archiepifcopi totius Anglie primatis et fandte Romane ecclefie cardinalis Henrici Dublin' archiepifcopi Willielmi London' Petri Winton' Jofcelini Bathon' et -Glafton' Hugonis Lin- coln' Walreri Wygorn' Willielmi Coventr' et Benedict! RoiF epifcoporum magiftri Pandulfi domini pape fubdia- coni et familiaris fratris Eymerici magiftri militie templi in Anglia et nobilium virorum Willielmi Marifcalli comitis Penbrok Willielmi comitis Sar' Willielmi comitis Warenn' Willielmi comitis ArundeU' Alani de Galweya

confta-

382 APPENDIX.

No. I. conftabularii Scottie Warini filii Geroldi Petri filii Here- berti Hubert! de Burgo fenefcalli Pi&avie Hugonis de Nevill' Mathei filii Hereberti Thome Baflet Alani BaiFet Philippi de Albin' Roberti de Roppel' Johannis Marif- calli Johannis filii Hugonis et aliorum fidelium noftrorum In primis conceflifle Deo et hac prefenti carta noftra confirmafle pro nobis et heredibus noftris in perpetuum quod Anglicane ecclefia libera fit et habeat jura fua inte- gra et libertates fuas illefas et ita volumus obfervari quod apparet ex eo quod libertatem eleclionum que maxima et magis neceflaria reputatur ecclefie Anglicane mera et fpon- tanea voluntate ante difcordiam inter nos et barones noftros motam conceflimus et carta noftra confirmavimus et earn optinuimus a domino papa Innocentio tertio con- firmari quam et nos obfervabimus et ab heredibus noftris in perpetuum bona fide volumus obfarvari Conceflimus etiam omnibus liberis hominibus regni noftri pro nobis et heredibus noftris in perpetuum omnes libertates fubfcriptas habendas et tenendas eis et heredibus fuis de nobis et here- dtbus noftris Si quis comitum vel baronum noftrorum five aliorum tenentium de nobis in capite per fervitium railitare mortuus fuerit et cum deceflerit heres fuus plene etatis fuerit et relevium debeat habeat hereditatem fuam per antiquum relevium fcilicet heres vel heredes comitis de baronia comitis integra per centum libras heres vel heredes baronis de baronia integra per centum libras heres vel heredes militis de feodo militis integro per centum folidos adplusetqui minusdebueritminusdetfeccundum antiquam confuetudinem feodorum Si aurem eres alicujus talium fuerit infra etatem et fuerit in cuftodia cum ad etatem pervenerit habeat hereditatem fuam fine relevio et fine fine Cuftos terre hujufmodi heredis qui infra etatem fuerit non capiat de terra heredis nifi rationables exitus et rationabiles confuetudines et rationabilia fervitia et hoc fine deftru£tione et vafto hominum vel rerum et fi nos commiferimus cuftodiam alicujus tails terre vicecomiti vel

alicui

ajicui alii qui de exitibus illius nobis refpoqdere debeat et No. I. ille deftruftionem de cuftodia fecerit vel vaflum nos ab illo capiemus emendam et terra committatur duobus lega- libus et difcretis hominibus de feodo iilo qui de exitibus refpondeant nobis vel ei cui eos aflignaverimus et fi dede- rimus vel vendiderimus alicui cuftodiam alicujus talis terre et ille deftru£lionem inde fecerit vel vaflum amittat ipfam cuftodiam et tradatur duobus legalibus et difcretis homi- nibus de feodo illo qui fimiliter nobis refpondeant ficut pre- diftum efl Guftos autem quamdiu cuftodiam terre ha- buerit fuftentet domos parcos vivaria ftagna molendina et cetera ad terram illam pertinentia de exitibus terre ejuf- dem et reddat heredi cum ad plenam etatem pervenerit terram fuam totam inftauratam de carrucis.et wainnagiis fecundum quod tempus wainnagii exigit et exitus terre rationabiliter poterunt fuftinere Heredes maritentur abfque difparagatione ita tamen quod antequam contra- hatuf matrimonium oftendatur propinquis de confanguini- tate ipfius heredis Vidua poft mortem mariti fui ftatim et fine difficultate habeat maritagium et hereditatem fuam nee aliquid det pro dote fua vel pro maritagio fuo vel here- ditate fua quam hereditatem maritus fuus et ipfa tenue- rint die obitus ipfius mariti et maneat in domo mariti fui per quadraginta dies poft mortem ipfius infra quos affig- netur ei dos fua Nulla vidua diftringatur ad fe maritan- dum dum voluerit vivere fine marito ita tamen quod fecu- ritatem faciat quod fe non maritabit fine afienfu noftro fi de nobis tenuerit vel fine aflenfu domini fui de quo tenuerit fi de alio tenuerit Nee nos nee ballivi noftri feifiemus ter- ram aliquam nee redditum pro debito aliquo quamdiu catalla debitoris fufEciunt ad debitum reddendum nee pleggii ipfius debitoris diftringantur quamdiu ipfe capitalis debitor fufficit ad folutionem debiti'et fi capitalis debitor defecerit in folutione debiti nonhabens unde folvat pleggii refpondeant de debito et fi voluerint habeant terras et redr ditus debitoris donee fit eis fatisfaclum de debito quod ante

pro

APPENDIX.

pro eo folverint nifi capitalis debitor monftraverit fe efle quietum inde verfus eofdem pleggios Si quis mutuo ceperit aliquid a Judeis plus vel minus et moriatur ante- quam debitum illud folvatur debitum non ufuret quamdiu heres fuerit infra etatern de quocumque teneat et fi debi- tum illud incident in manus noftras nos non capiemus

1 1 nifi catallum contentum in carta Et fi quis moriatur et debitum debeat Judeis uxor ejus habeat dotem fuam et nichil reddat de debito illo et fi liberi ipfius defuncti qui fuerint infra etatem remanferint provideantur eis neceflaria fecundum tenementum quod fuerit defun£ti et de refiduo folvatur debitum falvo fervitio dominorum fimili modo fiat

12 de debitis que debentur aliis quam Judeis Nullum fcuta- gium vel auxilium ponatur in regno noftro nifi per com- mune confilium regni noftri nifi ad corpus noftrum redi- mendum et primogenitum filium noftrum militem facien- dum et ad filiam noftram primogenitam femel maritandum et ad hec non fiat nifi rationabile auxilium fimili modo fiat

13 de auxiliis de civitate London* Et civitas London' habeat omnes antiquas libertates et liberas confuetudines fuas tarn per terras quam per aquas Preterea volumus et con- cedimus quod omnes alie civitates et burgi et ville et portus habeant omnes libertates et liberas confuetudines

14 fuas Et ad habendum commune confilium regni de auxilio affidendo aliter quam in tribus cafibus predicts vel de fcutagio affidendo fummoneri faciemus archiepifcopos epifcopos abbates comites et majores barones figillatim per litteras noftras et preterea faciemus fummoneri in generali per vicecomites et ballivos noftros omnes illos qui de nobis tenent in capite ad certum diem fcilicet ad terminum quadraginta dierum ad minus et ad certum locum et in omnibus litteris illius fummonitionis caufam fummonitio- nis exprimemus et fie fa£ta fummonitione negotium ad diem affignatum procedat fecundum confilium illorum qui prefentes fuerint quamvis non omnes fummoniti vene-

15 riut Nos non concedemus de cetero alicui quod capiat

auxilium

APPENDIX. 385'

auxilium de liberis hominibus fuis nifi ad corpus fuum redi- No. I. mendum et ad faciendum primogenitum filium fuum mill- ~-~— ' tern et ad primogenitam filiam fuam femel maritandam et ad hec non fiat nifi rationabile auxilium Nullus diftrin- 16 gatur ad faciendum majus fervitium de feodo militis nee de alio libero tenemento quam inde debetur Communia i j placita non fequantur curiam noftram fet teneantur in aliquo loco certo Recognitiones de nova dilTaifina de 1 8 morte anteceflbris et de ultima prefentatione non capiantur nifi in fuis comitatibus et hoc modo Nos vel fi extra regnum fuerimus capitalis jufticiarius nofter mittemus duos judiciaries per unumquemque comitatum per qua- tuor vices in anno qui cum quatuor militibus cujuflibet comitatus ele6tis per comitatum capiant in comitatu et in die et loco comitatus aflifas prediftas Et fi in die comi- ip tatus affife predi&e capi non poflint tot milites et libere tenentes remaneant de illis qui interfuerint comitatui die illo per quos poffint judicia fufficienter fieri fecundum quod negotium fuerit majus vel minus Liber homo non 20 amercietur pro parvo deli<5to nifi fecundum modum delicti et pro magno deli&o amercietur fecundum magnitudinem delicti falvo contenemento fuo et mercator eodem modo falva merchandifa fua et villanus eodem modo amercietur falva wainnagio fuo fi inciderint mifericordiam noftram et nulla prediclarum mifericordiarum ponatur'nifi per facramentum proborum hominum de vifneto Comites et 21 barones non amcrcientur nifi per pares fuos et non nifi fecundum modum dclicli Nullus clericus amercietur de 22 laico tenemento fuo nifi fecundum modum aliorum pre- diftorum et non fecundum quantitatem beneficii fui eccle- fiaftici Nee villa nee homo diftringatur facere pontes ad 33 riparias nifi qui ab antique et de jure facere debent Nullus vicecomes conftabularius coronatores vel alii ballivi ^ noftri tencant placita corone noftre Omnes comitatus 25 hundredi wapentak' et trething' fint ad antiquas firmas abfque ullo incremento evceptis dorninicis maneriis VOL. vi. c c noftris

3*6 APPENDIX.

No. I. noftris Si aliquis tenens de nobis laicum feodum moria- tur et vicecomes vel ballivus nofter oftendat litteras noftras

26 patentes de fummonitione noftra de debito quod defundlus nobis debuit liceat vicecomiti vel ballivo noftro attachiare et inbreviare catalla defundli inventa in laico feodo ad valentiam illius debiti per vifum legalium hominum ita tamen quod nichil inde amoveatur donee perfolvatur riobis debitum quod clarum fuerit et refiduum relinquatur execu- toribus ad faciendum teftamentum defun&i et fi nichil nobis debeatur ad ipfo omnia catalla cedant defunclo falvis

2* wxori ipfius et pueris rationabilibus partibus fuis Si aliquis liber homo inteftatus deceflerit catalla fua per manus propinquorum parentum et amicorum fuorum per vifum ecclefie diftribuantur falvis unicuique debitis que

28 defun£tus ei debebat Nullus conftabularius vel alius bal- livus nofter capiat blada vel alia catalla alicujus nifi ftatim inde reddat denarios aut refpe&um inde habere poffit de

20 voluntate venditoris Nullus conftabularius diftringat aliquem militem ad dandum denarios pro cuftodia caftri fi facere voluerit cuftodiam illam in propria perfona fua vel per alium probum hominem fi ipfe earn facere non poffit propter rationabilem caufam et fi nos duxerimus vel mife- rimus eum in exercitum erit quietus de cuftodia fecundum quantitatem temporis quo per nos fuerit in exercitu Nullus vicecomes vel ballivus nofter vel aliquis alius capiat equos vel caretas alicujus liberi hominis pro cariagio faciendo nifi de voluntate ipfius liberi hominis Nee nos nee ballivi noftri capiemus alienum bofcum ad caftra vel alia agenda noftra nifi per voluntatem ipfius cujus bofcus ille fuerit Nos non tenebimus terras illorum qui con- vi£ti fuerint de felonia nifi per unum annum et unum diem et tune reddantur terre dominis feodorum Omnes

33

kydelli de cetero deponantur penitus de Thamifia et de

Medewaye et per totam Angliam nifi per cofteram maris Breve quod vocatur Precipe de cetero non fiat •alicui dc aliquo tenemento unde liber homo amittere

poffit

APPENDIX. 387

poiTit curiam fuam. Una menfura vini fifr per totum reg- No. I. num noftrum et una menfura cervifie et una menfura bladi Y— fcilicet quarterium London' et una latitude panorum tine- 35 torum et ruflettorum et halbergettorum fcilicit due ulne infra liftas de ponderibus autem fit ut de menfuris Nichil 36 detur vel capiatur de cetero pro brevi inquifitionis de vita vel membris fet gratis concedatur et non negetur Si 37 aliquis teneat de nobis per feodifirmam vel per fokagiura vel per burgagium et de alio terram teneat per fervitium militare nos non habebimus cuftodiam heredis nee terre fue que eft de feodo alterius occafione illius feodifirma vel fokagii vel burgagii nee habebimus cuftodiam illius feodi- firme vel fokagii vel burgagii nifi ipfa feodifirma debeat fervitium militare Nos non habebimus cuftodiam heredis vel terre alicujus quam tenent de alio per fervitium militare occafione alicujus parve fergenterie quam tenet de nobis per fervitium reddendi nobis cultellos vel fagittas vel hu- jufmodi Nullus ballivus pon.at de cetero aliquem ad legem 38 fimplici loquela fua fine teftibus fidelibus ad hoc induftis Nullus liber homo capiatur vel imprifonetur aut difiaifiatur 39 aut utlagetur aut aliquo modo deftruatur nee fuper eum ibimus nee fuper eum mittemus nifi per legale judicium parium fuorum vel per legem terre Nulli vendemus nulli 46 negabimus aut differemus rec~lum aut jufticiam Omnes 41 mercatores habeant falvum et fecurum exire de Anglia et venire in Angliam et morari et ire per Angliam tarn per terram <juam per aquam ad emendum et veudendum fine omnibus malis tokis per antiquas et rectas confuetudines preterquam in tempore gwerre et fi fint de terra contra nos gwerriva et fi tales inveniantur in terra noftra in principio gwerre attachiantur fine dampno corporum et rerum donee fciatur a nobis vel capital! jufticiario noftro quo- modo mercatores terre noftre tradtentur qui tune imre- nientur in terra contra nos gwerriva et fi noftri falvi fint ibi alii falvi fint in terra noftra Liceat unicuique de cetero exire de regno noftro et redire falvo et fecure per terram ^ c c 2 et

388 APPENDIX.

No. I. et per aquam falva fide noftra nifi tempore gwerre per

u— ~*"~ ~" aliquod breve tempus propter communem utilitatem regni

exceptis imprifonatis et utlagatis fecundum Icgem regni et

gente de terra contra nos gwerriva et mercatoribus de

43 quibus fiat ficut predict um eft Si quis tenuerit de aliqua efcaeta ficut de honore Walingeford Notingeham Bon' Lainkaftr* vel de aliis eflcaetis que funt in manu noftra et funt baronie et obierit heres ejus non det aliud relevium nee facial nobis aliud fervitium quam faceret baroni fi baronia ilia eflet in manu baronis et nos eodem modo earn

44 tenebimus quo baro earn tenuit Homines qui manent extra foreftam non veniant de cetero coram jufticiariis noftris de forefta per communes fummonitiones nifi fint in placito vel pleggii alicujus vel aliquorum qui attachiati

45 fint pro forefta Nos non faciemus jufticiarios conftabu- larios vicecomites vel ballivos nifi de talibus qui fciant

46 legem regni et earn bene velint obfervare Omnes ba- rones qui fundaverunt abbatias unde haberit cartas rcgum Anglie vel antiquam tenuram habeant earum cuftodiam

4., cunt vacaverint ficut habere debent Omnes forefte quo aforeftate funt tempore noftro ftatim deafforeftentur et ita fiat de ripariis que per nos lempore noftro pofite funt in

4g defenfo Omnes male confuetudines de foreftis et warennis et de foreftariis et warrenariis vicecomitibus et corum miniftris ripariis et earum cuftodibus ftatim inquirantur in quolibet comitatu per duodecim milites juratos de eodem comitatu qui debent eligi per probos homines ejufdem co- rhitatus et infra quadraginta dies poft inquifitionem fatlam penitus ita quod numquam revocentur deleantur per eofdem ita quod nos hoc fciamus prius vel jufticiarius nofter fi in

40 Anglia non fuerimus Omnes obfules et cartas ftatim

^o reddemus que liberate fuenmt nobis nb Anglicis i'n fecuri- tatem pacis vel fidelis fervitii Nos amovebiinus penitus de balliis parentes Gerard i de Athyes quod de cetero nullara habeant balliam in Anglia Engelardum de Cygony Andream Petrum et Gyohem de Cancell' Gyonem de

Cygony

APPENDIX. 389

Cygony Galfridum de Martyni et fratres ejus Philippum No. I. Mark et fratres cjus et Galfridum nepotem ejus et totam *— \r-— ' fequelam eorumdem Et flatim pod pacis reformationem 5 1 amovebimus de regno omnes alienigenas milites baliftarios fervientes ftipendiaros qui venerint cum equis et armis ad nocumentum regni Si quis fuerit defTeifitus vel elongatus 52 per nos fine legali judicio parium fuorum de terris caftallis libertatibus vel jure fuo ftatim ea ei reftituemus et fi con- tentio fuper hoc orta fuerit tune inde fiat per judicium yi- ginti quinque baronum de quibus fit mentio inferius in fecuritate pacis de omnibus autem illis de quibus aliquis difieifitus fuerit vel elongatus fine legali judicio parium fuorum per Henricum regem patrem noftrum vel per Ri- cardum regem fratrem noilrum que in manu noftra ha- bemus vel que alii tenent que nos oporteat warantizare refpectum habebimus ufque ad communem terminum cru- cefignatorum exceptis illis de quibus placitum motum fuit vel inquifitio fa£ta per preceptum noftrum ante fufcep- tionem crucis noftre cum autem redierimus de peregrina- tione noftra vel fi forte remanferimus a peregrinatione noftra ftatim inde plenam jufticiam exhibebimus Eundem 53 autem refpedtum habebimus et eodem modo de jufticia exhibenda de foreftis de affbreftandis vel remanfuris foreftis quas Henricus pater nofter vel Ricardus frater nofter affb- reftaverunt et de cuftodiis terrarum que funt de alieno feodo cujufmodi cuftodias hucufque habuimus occafione feodi quod aHquis 4e nobis tenuit per fervitium militare et de abbatiis que fundate fuerint in feodo alterius quam noftro in quibus dominus feodi dixerit fe jus habere et cum re- dierimus vel fi remanferimus a peregrinatione noftra fuper hiis conquerentibus plenam jufticiam ftatim exhibebimus Nullus capiatur nee imprifonetur propter appellum femine 54 de morte alterius quam viri fui Omnes fines qui injufte $$ et contra legem terre facli fuijt nobifcum et omnia amer- ciamenta facia injufte et contra legem terre omnino con- donentur vel fiat inde per judicium viginti quinque ba- c c 3 ronum

39° APPENDIX.

No. I. ronum de quibus fit mentio inferius in fecuritate pacis vel per judicium majoris partis eorumdem una cum prediclo Stephano Cant' archiepifcopo fi interefle poterit et aliia quos fecum ad hoc vocare voluerit et fi interefle non po- terit nichilominus procedat negotium fine eo ita quod fi aliquis vel aliqui de predidYis viginti quinque baronibus fuerint in fimili querela amoveantur quantum ad hoc ju- dicium et alii loco illorum per refiduos de eifdem viginti quinque tantum ad hoc faciendum electi et jurati fubfti-

56 tuantur Si nos diflaifivimus vel elongavimus Walenfes de terris vel libertatibus vel rebus aliis fine legali judicio parium fuorum in Anglia vel in Wallia eis ftatim red- dantur et fi contentio fuper hoc orta fuerit tune inde fiat in marchia per judicium parium fuorum de tenementis Anglic fecundum legerh Anglie de tenementis Wallie fe- c'undum iegem Wallie de tenementis marchie fecundum legem marchie idem facient Walenfes nobis et noftris

57 De. omnibus autem illis de quibus aliquis Walenfium dif- faifitus fuerit vel elongatus fine legali judicio pariurn fuorum per Henricum regem patrem noflrum vel Ri- cardum regem fratrem noftrum que nos in manu noftra habemus vel que alii tenent que nos oporteat warantizare refpeclum habebimus ufqixe ad communem terminum cru- cefignatorum illis exceptis de quibus placitum motum fuit vel inquifitio facia per preceptum noftrum ante fufcep- tionem crucis noftre cum autem redierimus vel fi forte remanferimus a peregrinatione noftra ftatim eis inde plenam jufticiam exhibebimus fecundum leges Walen-

58 fium et partes predicts Nos reddemus filium Lewelini ftatim et omnes obfides de Wallia et cartas que nobis

59 liberate fuerunt in fecuritatem pacis Nos faciemus Allex- andro regi Scottorum de fororibus fuis et obfidibus red- dendis et libertatibus fuis et jure fuo fecundum formam in qua faciemus aliis baronibus noftris Anglie nifi aliter efle debeat per cartas quas habemus de Willielmo patre ipfius quondam rege Scottorum et hoc erit per judicium parium

13 fuorum

APPENDIX. 391

fuorum in curia noftra Omnes autem iftas confuetudines No. I. predidtas et libertates quas nos conceffifllmus in regno noftro tenendas quantum ad nos pertinet erga noftros 60 omnes de regno noftro tarn clerici quam laici obfervent- quantum ad fe pertinent erga fuos Cum autem pro Deo 61 et ad emendationem regni noftri et ad melius fopiendum- difcordiam inter nos et barones noftros ortam hec omnia- predi&a conceflerimus volentes ea integra et firma ftabi- litate gaudere in perpetuum facimus et concedimus eis fe- curitatem fubfcriptam videlicet quod barones eligant vi- ginti quinque barones de regno quos voluerint qui debeant pro totis viribis fuis obfervare tenere et facere obfervari pacem et libertates quas eis conceflimus et hac prefenti carta noftra C9n firmavimus ita fciiicet quod fi nos vel jufticiarius nofter vel ballivi noftri vel aliquis de miniftris noftris in aliquo erga aliquem deliquerimus vel aliquem articulorum pacis aut fecuritatis tranfgrefli fuerimus et deli&um oftenfum fuerit quatuor baronibus de predi£tis viginti quinque baronibus illi quatuor barones accedant ad nos vel ad jufticiarium noftrum fi fuerimus extra regnum proponentes nobis exceflum petent ut exceflum ilium fine dilatione faciamus emendari et fi nos exceflum non emen- daverimus vel fi fuerimus extra regnum jufticiarius nofter non emendaverit infra tempus quadraginta dierum compu- tandum a tempore quo monftratum fuerit nobis vel jufti- ciario noftro fi extra regnum fuerimus predi6H quatuor barones referant caufam illam ad refiduos de viginti quinque baronibus et illi viginti quinque barones cum com- muna totius terre diftringent et gravabunt nos modis om- nibus quibus poterunt fciiicet per captionem caftrorum terrarum pofleflionum et aliis modis quibus poterunt donee fuerit emendatum fecundum arbitrium eorum falva perfona noftra et regine noftre et liberorum noftrorum et cum fuerit emendatum intendent nobis ficut prius fecerunt Et quicumque voluerit de terra juret quod ad predi£ta omnia exequenda parebit mandatis predi&orum viginti quinque c c 4 baronum

392 APPENDIX.

No. I. baronum et quod gravabit nos pro pofle fuo cum ipfis et non publice et Hbere damus licentiam jurandi cuilibet qui jurare voluerit et nulli umquam jurare prohibebimus Omnes autem illos de terra qui per fe et fponte fua no- luerint jurare viginti quinque baronibus de diftringendo et gravando nos cum eis faciemus jurare eofdem de mandate noftro ficut predi&um eft Et fi aliquis de vi- ginti quinque baronibus deceflerit vel a terra receflerit vel aliquo alio modo impeditus fuerit quo minus ifta predicta poflcnt exequi qui refidui fuerint de prediclis viginti quin- que baronibus eligant alium loco ipfius pro arbitrio fuo qui fimili modo erit juratus quo et ceteri In omnibus autem que iftis viginti quinque baronibus committuntur exequenda fi forte ipfi viginti quinque prefentes fuerint et inter fe fuper re aliqua difcordaverint vel aliqui ex eis fummoniti nolint vel nequeant interefle ratum habeatur et firmum quod major pars eorum qui prefentes fuerint pro- viderit vel preceperit ac fi omnes viginti quinque in hoc confenfiflent et predi£ti viginti quinque jurent quod omnia antedifta fideliter obfen'abunt et pro toto pofle fuo facient obfervari Et nos nichil impetrabimus ab aliquo per nos nee per alium per quod aliqua iftarum conceflionum et libertatum revocetur vel minuatur et fi aliquid tale im- petratum fuerit irritum fit et inane et numquam eo utemur

62 per nos nee per alium Et omnes rmlas voluntates indigna- tiones et rancores ortos inter nos et homines noftros cle- ricos et laicos ct tempore difcordie plene omnibus remi- fimus et condonavimus Preterea omnes tranfgrefliones fa£tas occafione ejufdem difcordie a pafcha anno regni noilri fextodecimo ufque ad pacem reformatam plene re- mifimus omnibus clevicis et laicis et quantum ad nos pertinet plene condonavimus Et infuper fecimus eis fieri litteras teftimoniales patentes domini Stephani Cant' ar- chiepifcopi domini Henrici Dublin' archiepifcopi et epif- coporum preditlorum et magiftri Pandulfi fuper fecuritate

63 ifta et conceflionibus prefatis Quare volumus et firmiter

1 1 precipimus

APPENDIX. 393

precipimus quod Anglicana ecclefia libera fit et quod No. I. homines in regno noftro habeant et teneant omnes prefatas ' ^ "* libertates jura et concefliones bene et in pace libere et quiete plene et integre fibi et heredibus fuis de nobis et heredibus noftris in omnibus rebus et locis in perpetuum Gcut predictum eft Juratum eft autem tarn ex parte noftra quamex parte baronum quod hec omnia fupradi6ta bona fide et fine malo ingenio obfervabuntur Teftibus fupradi£tis et multis aliis Data per manum noftram in prato quod vocatur Runingmed' inter Windeleforum et Stanes quinto decimo die Junii anno regni noftri feptimo decimo.

NUMBER II,

Tranflation of the Great Charter of King John, granted June i5th, A. D. 1215, in the feven- teenth Year of his Reign.

JOHN, by the grace of God, king of England, lord of Ireland, duke of Normandy and Aquitaine, and earl of Anjow, to all his archbiihops, bifhops, abbots, earls, barons, jufticiaries, forefters, fheriffs, commanders, officers, and to all his bailiffs and faithful fubje&s, -wifheth health. Know ye, that we, from our regard to God and for the falvation of our own foul, and of the fouls of our anceftors, and of our heirs, to the honour of God, and the exhaltation of holy church and amendment of our kingdom, by the advice of our venerable fathers, Stephen archbifhop of Canterbury, primate of all England, and cardinal of the holy Roman church, Henry archbifhop of Dublin, William of London, Peter of Winchefter, Joce- line of Bath and Glaftonbury, Hugh of Lincoln, Walter

of

394 APPENDIX.

No. II. of Worcefter, William of Coventry, Benedict of Ro- '— ~T~ chcfter, bifhops, mafter Pandulph, the pope's fubdeaeon and familiar brother Eymeric mafter of the knights- templars in England, and of thefe noble perfons, Wil- liam Marifchal earl of Pembroke, William earl of Salif- bury, William earl of Warren, William earl of Arundel, Allan of Galloway conftable of Scotland, Warin Fitz- Gerald, Peter Fitz-Herbert, Hubert de Burgh fteward of Poi&ou, Hugh de Nevil, Matthew Fitz-Herbert,. Thomas Baflet, Allan Baflet, Philip de Albany, Robert de Roppel, John Marifchal, John Fitz-Hugh, and of others of our liegemen, have granted to God, and by this our prefent charter, have confirmed, for us and our

1 heirs for ever : Firft, that the Englifli church fhall be free, and mail have her whole rights and her liberties unhurt ; and I will this to be obferved in fuch a manner that it may appear from thence, that the freedom of elec- tions, which was reputed moft neceflary to the Englifh church, which we granted, and by our charter confirmed, and obtained the confirmation of it from pope Innocent III. before the rupture between us and our barons, was of our own free will. Which charter we fhall obferve ; and we will it to be obferved with good faith, by our heirs

for ever. We have alfo granted to all the freemen of

our kingdom, for us and our heirs for ever, all the under- written liberties, to be enjoyed and held by them and

2 their heirs, of us and our heirs. If any of our earls or

barons, or others who hold of us in chief by military fervice, fhall die, and at his death his heir fhall be of full age, and fhall owe a relief, he fhall have his inheritance for the ancient relief, viz. the heir or heirs of an earl, a whole earl's barony, for one hundred pounds ; the heir or heirs of a baron, a whole barony for one hundred pounds a ; the heir or heirs of a knight, a whole knight's

* This is marks in Matthew Paris, which is probably the right reading. M. Paris, p. 178. col. i.

fee,

APPENDIX. 395

fee, for one hundred (hillings at mod ; and he who owes No. II. lefs, Ihall give lefs, according to the ancient cuftom of *— v— '

fees. But if the heir of any fuch be under age, and in 3

wardmip, when he comes to age he (hall have his inherit- ance without relief and without fine. The warden 4

of an heir who is under age, (hall not take of the lands of the heir any but reafonable iffues and reafonable cuftoms, and reafonable fervices, and that without deftru&ion and wafte of the men or goods : and if we commit the cuftody of any fuch lands to a (heriff, or to any other perfon who is bound to anfwer to us for the iffues of them, and he (hall make deftru&ion or wafte upon the ward-lands, we will recover damages from him, and the lands fhall be committed to two legal and difcreet men of that fee, who (hall anfwer for the iffues to us, or to him to whom we have afligned them : and if we granted or fold to any one the cuftody of any fuch lands, and he (hall make deftruc- tion or wafte, he (hall lofe the cuftody ; and it (hall be committed to two legal and difcreet men of that fee, who

(hall anfwer to us in like manner as was faid before.

Befides, the warden, as long as he hath the cuftody of £ the lands, (hall keep in order the houfes, parks, warrens, ponds, mills, and other things belonging to them, out of their iffues ; and (hall deliver to the heir, when he is at age, his whole eftate provided with ploughs and other im- plements of hu(bandry, according to what the feafon requires, and the profits of the lands can reafonably

afford. Heirs (hall be married without difparagement, 6

and fo that before the marriage is contracted, it (hall be

notified to the relations of the heir by confanguinity.

A widow, after the death of her hufband, (hall imuie- 7 diately, and without difficulty, have her marriage goods and her inheritance ; nor (hall (he give any thing for her dower, or her marriage goods, or her inheritance, which her hu(band and (he held on the day of his death. And (he may remain in her hu(band's houfe forty days after

his -

396 APPENDIX.

No. II. his death, with which time her dower {hall be affigned. No widow lliall be compelled to marry herfelf while flic

8 chufes to live without a hufband, but fo that me mail give fecurity that Ihe will not marry herfelf, without our confent, if ihe holds of us, or without the confent of the lord of whom fhe holds, if (he holds of another.

9 Neither we nor our bailiiFs fliall feize any land or rents for any debt, while the chattels of the debtor are fufficient for the payment of the debt ; nor fliall the fureties of the debtor be diftrained, while die principal debtor is able to pay the debt : and if the principal debtor fail in payment of the debt, not having wherewith to pay, the fureties (hall anfwer for the debt ; and if they pleafe, they fhall have the lands and rents of the debtor, until fatisf action be made to them for the debt which they had before paid for him, unlefs the principal debtor can fhew that he is dif-

10 charged from it by the faid fureties. If any one hath

borrowed any thing from the Jews, more or lefs, and dies before that debt is paid, the debt fhall pay no intereft as long as the heir fhall be under age, of whorafoever he holds $ and if that debt fhall fall into our hands, we will not take any thing, except the chattels contained in the

1 1 bond. And if any one dies indebted to the Jews, his wife fhall have her dower, and fhall pay nothing of that debt ; and if children of the defundt remain who are un- der age, neceflaries fhall be provided for them, according to the tenement which belonged to the defunft ; and out of the furplus the debt fhall be paid, faving the rights of the lords of whom the lands are held. The fame rules fhall be obfenred with refpeft to debts owing to others

12 than Jews. No fcutage or aid fhall be impofed, except

by the common council of our kingdom, but for redeem- ing our body, for making our eldeft fon a knight, and for once marrying our eldeft daughter; and for thefe only a reafonable aid fhall be demanded. This extends to the aids of the city of London.— —And the city of London

fhall

APPENDIX.

397

ihall have all its ancient liberties, and its fr«e cuftoms, as No. II. •well by land as by water. Befides, we will and grant, that all other cities and burghs, and towns and fea-ports, J3

/hall have all their liberties and free cuftoms. And to *4

have a common council of the kingdom, to aflefs and aid, otherwife than in the three forefaid cafes, or to affefs a fcutage, we will caufe to be fummoned the archbifhops, bifhops, earls, and greater baron?, personally, by our letters ; and befides, we will caufe to be fummoned in general by our (heriffs and bailiffs all thofe who hold of us in chief, to a certain day, at the diftance of forty days at leaft, and to a certain place; and in all the letters of fummons, we will exprefs the caufe of the fum- mons ; and the fummons being thus made, the bufinefs (hall go on at the day appointed, according to the advice of thofe who {hall be prefent, although all who had been

fummoned have not come. We will not give leave to I5

any one, for the future, to take an aid of his freemen, except for redeeming his own body, making his eldeft fon a knight, and marrying once his eldeft daughter ; and

that only a reafonable aid. Let none be diftrained to 16

do more fervice for a knight's fee, nor for any other free

tenement, than what is due from thence. Common 17

pleas (hall not follow our court, but (hall be held in fome

certain place. Affixes upon the writs of Novel defleifin, 1 8

Mortdancefter (death of the anceftor), and Darrien pre- fentment (laft prefentation), fhall not be taken but in their proper counties, and in this manner.-— We, or our chief judiciary when we are out of the kingdom, fhall fend two judiciaries into each county, four times a-year, who, with four knights of each county, chofcn by the county, {hall take the forefaid afiizes, at a ftated time

and place, within the county. And if the forefaid 19

aflizes cannot be taken on the day of the county-court, let as many knights and freeholders, of thofe who were prefent at the county-court, remain behind, as by them

the

398 APPENDIX.

No. II. the forefaid aflizes may be taken, according to the greater oslefs importance of the bufmefs. A freeman lhall not

20 be amerced for a fmall offence ; but only according to the degree of the offence ; and for a great delinquency, according to the magnitude of the delinquency, faving his contenementb: a merchant mall be amerced in the fame manner, faving his merchandife, and a villain, fav- ing his implements of hufbandry. If they fall into our mercy, none of the forefaid amerciaments (hall be aflefled,

21 but by the oath of honed men of the vicinage. Earls

and barons mail not be amerced but by their peers, and that only according to the degree of their delinquency.

22 No clerk {hall be amerced for his lay-tenement, but according to the manner of others as aforefaid, and not according to the quantity of his ecclefiaftical benefice.

23 Neither a town nor a particular perfou mall be dif-

trained to build bridges or embankments, except thofe

24 who anciently, and of right, are bound to do it. No

{heriff, conftable, coroner, or bailiff of ours, (hall hold

25 pleas of our crown. All counties, hundreds, wapon-

tacks, and trithings, fhall be at the ancient rent, without

26 any increment, except our demefn-manors. If any

one holding of us a lay-fee dies, and the fheriff or our bailiff fhall {hew our letters-patent of our fummons for a debt which the defunft owed to us, it fhall be lawful for the fheriff or our bailiff to attach and regifter the chattels of the defunct found on that fee, to the amount of that debt, at the view of lawful men, fo that nothing fhall be removed from thence until our debt is paid to us. The clear overplus (hall be left to the executors to fulfil the laft-will of the defun£t j and if nothing is owing to us by him, all the chattels fhall fall to the defunct, faving

27 to his wife and children their reafonable {hares. If any

freeman fhall die inteftate, his chattels fhall be diftributed

b See p. 83. of this volume.

by

APPENDIX. 395,

^y his neareft relations and friends, at the view of the No. II. church, faving to every one the debts which the defuucl:

owed to him. No conftable or bailiff of ours fhall 28

take the corn or other goods of any one, without inftantly paying money for them, unlefs he can obtain refpite from

the free will of the feller. No conftable (governor of 29

a caftle) fhall diftrain any knight to give money for caftle-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 fhall be excufed from caftle- guard, according to the fpace of time he hath been in the

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

or any other perfon 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 31

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

the confent of him to whom the wood belongs. We 32

will not retain the lands of thofe who have been convicted of felony, above one year and one day, and then they

fliall be given «p to the lord of the fee. All kydells 33

(wears) for the future fhall be quite removed out of the Thames, the Medway, and through all England,

except on the fea-coaft. The writ which is called 34

Precipe for the future fhall not be granted to any one concerning any tenement by which a freeman may lofe

his court. There fhall be one meafure of wine through 3 §

all our kingdom, and one meafure of ale, and one meafure of corn, viz. the quarter of London ; and one breadth of dyed-cloth and of ruflets, and of halberje&s, viz. two ells within the lifts. It (hall be the fame with weights as

with meafures. Nothing (hall be given or taken for 36

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

it fliall be given gratis , and not denied. If any hold of 37

us by fee-farm, or foccage, or burgage, and holds an eftate of another by military fervice, we fhall not have

the

400 APPENDIX.

No. II. the cuflody 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 cultody of the heir, or of the land of any one, which he holds of another by military fervice, on account of any petty ferjeantry which he holds of us

38 by giving us knives, arrows, or the like. No bailiff,

for the future, {hall put any man to his law, upon his own fimple affirmation, without credible witnefles produced to

30 that purpofe. No freeman fhall be feized, or im-

prifoned or difleifed, or outlawed, or any way deftroyed, nor will we go upon him, nor will we fend upon him, except by the legal judgment of his peers, or by the law

40 of the landc. To none will we fell, to none will we

4 1 deny, to none will we delay right or juftice. All mer- chants {hall be fafe and fecure in coming into England, and going out of England, and flaying and travelling through England, as well by land as by water, to buy and to fell, without any unjuft exa&ions, according to ancient and right cuftoms, except in time of war, and if they be of a country at war againft us. And if fu>eh are found in our dominions at the beginning of a war, they {hall be ap- prehended without injury of their bodies and goods, until it be known to us, or to our chief jufliciary how the merchants of our country are treated in the country at war againft us; and if ours are fafe there, the others {hall

42 be fafe in our country. It {hall be lawful to any per-

fon, for the future, to go out of our kingdom, and to re- turn, fafely and fecurely, by land and by water, faving his allegiance, except in time of war, for fome fhort 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 who (hall be

treated as is faid above. If any one holdeth of any

efcheat, as of the honour of Wallingford, Nottingham,

' See p. 80. of this volume.

Boulogne,

APPENDIX.

Boulogne, Lancaftre, or of other efcheats which are in our hands, and (hall die, his heir fhall not give any other relief, or do any other fervice to us, than he mould have done to the baron, if that barony had been in the hands of the baron ; and we will hold it in the fame manner that

the baron held it. Men who dwell without the foreft, 44.

(hall not come, for the future, before our judiciaries of the forefl, on a common fummons, unlefs they be parties in a plea, or fureties for fome perfon or perfons who are

attached for the foreft. We will not make men jufti- ^

ciaries, conftables, ftieriffs, or bailiffs, unlefs they under- ftand the law of the land, and are well difpofed to obferve

it. All barons who have founded abbeys, of which 46

they have charters of the kings- of England, or ancient tenure, fhall have the cuftody of them when they become

vacant, as they ought to have. All forefts which have ,-

been made in our time, {hall be immediately disforefted ; and it {hall be fo done with water-banks, which have been

made in our time, in defiance. All evil cuftoms of .g

forefts and warrens, and of forefters and warreners, {he- riffs and their officers, water-banks, and their keepers, (hall 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 {hall be quite deftroyed by them never to be reftored ; provided that this be no- tified to us before it is done, or to our jufticiary, if we

are not in England. We will immediately reftore all 49

hoftages and charters, which have been delivered to us by the Englifh, in fecurity of the peace, and of their faithful

fervice. We will remove from their offices the rela- e&

tions of Gerard de Athyes; that, for the future, they (hall have no office in England, Engelard de Cygony, Andrew, Peter, and Gyone de Chancell, Gyone de Cygony, Geoffery de Martin, and his brothers; Philip Mark, and his brothers ; and Geoffery his grandfon ; VOL. vi. D D and

402 APPENDIX.

No. II. and all their followers.— —And immediately after the conclufion of the peace, we will remove out of the king- dom all foreign knights, crofs-bow-men, and ftipendiary foldiers, who have come with horfes and arms to the mo-

$2 leftation of the kingdom.— —If any have been difieifed or difpoffeffed by us, without a legal verdict of their peers, or their lands, caftles, liberties or rights, we will immediately reftore thefe things to them ; and if a queftion (hall arife on this head, it (hall be determined by the ver- dict of the twenty-five barons, who {hall be mentioned below, for the fecurity of the peace. But as to all thofe things of which any one hath been difieifed or difpofiefled, without 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 (hall have refpite, until the common term of the Croifaders, except thofe concerning which a plea had been moved, or an in- quifition taken, by our precept, before our taking the crofs. But as foon as we (hall return from our expedi- tion, or if, by chance, we {hall not go upon our expedi- tion, we {hall immediately do complete juftice therein.

5J But we {hall have the fame refpite, and in the fame

manner, concerning the juftice to be done about dif- forefting or continuing the forefts which Henry our father, or Richard our brother, had made ; and about the ward- fliip of lands which are of the fee of fome other perfon, but the wardfliip of which we have hitherto had, on ac- count of a fee which fome one held of us by military fer- vice ; 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 {hall have returned, or if we {hall ftay from our expedition, we {hall

54 immediately do complete juftice in all thefe pleas. No

man {hall be apprehended or imprifoned on the appeal of a •woman, for the death of any other man than her hufband.

55 All fines that have been made with us unjuftly, or

contrary

APPENDIX.

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 verdict of the twenty-five barons of whom mention is made below for the fecurity of the peace, or by the verdi£t of the major part of them, together with the forefaid Stephen, archbifhop of Canterbury, if he can be prefent, and others whom he may think fit to bring with him ; and if he ean- not be prefent, the bufinefs (hall proceed notwithftanding without him : but fo, that one or more of the forefaid twenty-five barons have a fimilar plea, let them be re- moved from that particular trial, and others elected and fworn by the refidue of the fame twenty-five, be fubfti- tuted in their room, only for that trial. : If we have 56 difieifed or difpoflefled any Welfhmen of their land, lir berties or other things, without a legal verdidT: of their peers, in England or in Wales, they fhall be immediately reftored to them ; and if a queftion fhall arife about it, then let it be determined in the marches by the verdift of their peers ; if the tenement be in England, according to the law of England : if the tenement be in Wales, ac- cording the law of Wales : if the tenement be in the marches, according to the law of the marches. The Welfh fhall do the Came to us and our fubje&s. 'But 57 concerning thofe things of which any Welfhman hath been dJiTeifed or difpofiefied without 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 war- ranty, we fhall have refpite, until the common term of the Croifaders, except thofe concerning which a plea had been moved, or an inquifition taken, by our precept, before our taking the crofs. But as foon as we fhall return from our expedition ; or if by chance, we fhall not go upon our expedition, we fhall immediately do complete juftice therein, according to the laws of Wales, and the parts

aforefaid. We will immediately deliver up the fon of 58

D D 2 Leweline,

404 APPENDIX.

No. II. Leweline, and all the hoftages of Wales, and charters which have been given to us for fecurity of the peace.

59 -We fhall do to Alexander king of Scotland, con- cerning the reftoration of his fifters and hoftages, and his liberties and rights, according to the form in which we a£t to our other barons of England, unlefs it ought to be other wife by charters which we have from his father Wil- liam late king of Scotland, and that by the verdict of his

60 peers in our court. But all thefe 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 (hall obferve towards their tenants, as far as con- cerns them. But fince we have granted all thefe things

aforefaid, for God, and to the amendment of our king- dom, and for the better extinguishing the difcord arifen between us and our barons, being defirous that thefe things (hould poflefs entire and unfliaken (lability for ever> we give and grant to them the fecurity underwritten, viz. That the barons may ele£t twenty-five barons of the kingdom, whom they pleafe, who (hall 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 man- ner. That if we, or our jufticiary, or our bailiffs, or any of our officers, fhall have injured any one in any thing, or (hall have violated any article of the peace or fecurity, and the injury fhall have been fhown to four of the aforefaid twenty-five barons, thefe four barons fhall come to us, or to our jufticiary if we are out of the kingdom, and making known to us the excefs committed, require that we caufe that excefs to be redrefTed without delay ; and if we fhall not have redrefled the excefs, or, if we have been out of the kingdom, our jufticiary fhall not have re- drefled it within the term of forty days, computing from the time in which it fhall have been made known to us, or to our jufticiary if we have been out of the kingdom, the

forefaid

APPENDIX. 405

forefaid four barons fhall lay that caufe before the refidue of ]vj0< u. the twenty-five barons ; and thefe twenty-five barons, with the community of the whole land, (hall diftrefs and harafs us by all the ways in which they can, that is to fay, by the taking of our caftles, lands, and pofleflions, and by other means in their power, until the excefs (hall have been re- drefied, according to their verdict ; faving our perfon, and the perfon s of our queen and children ; and when it hath been redrefled, they (hall behave to us as they had done before : and whoever of our land pleafeth, may..£wear, that he will obey the commands of the forefaid twenty- five barons, in accomplifhing all the things aforefaid, and that with them he will harafs us to the utmoft of his power : and we publickly 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 unwilling 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 (hall die, or remove out of the land, or in any other way (hall be prevented from executing the things above faid, thofe who remain cf the twenty-five barons fhall elecl: another in his place, according to their pleafure, who (hall 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, k' . that which the major part of thofe who were prefent (hall

have provided and decreed, (hall be held as firm and valid, as if all the t-.venty-five had agreed in it. And the forefaid twenty-five fhall fwear, that they will faithfully obferve, and, to the utmoft of their power, caufe to be obferved, all the things mentioned above. And we will DD 3 obtain

406 APPENDIX.

No. II. obtain nothing from any one, by ourfelves, or by another, by which any of thefe conceflions and liberties may be revoked or diminiftied. And if any fuch thing hath been obtained, let it be void and null ; and we will never ufe it, cither by ourfelves or by another. And we have fully remitted and pardoned to all men, all the ill-will, ran- cour, and refentments which have arifen between us and our fubje&s, both clergy and laity, from the commence- ment of the difcord. Befides, we have fully remitted to all tfte- clergy and laity, and as far as belongs to us, we have fully pardoned all tranfgreffions committed on occa- fion of the faid difcord, from Eafter, 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 Canter- bury, my lord Henry archbifhop of Dublin, and of the forefaid bifhops, and of Mr. Pandulf, concerning this fecurity, and the forefaid conceflions. Wherefore, our will is, and we firmly command, that the church of Eng- land be free, and that the men in our kingdom have and hold all the forefaid liberties, rights, and conceflions, well and in peace, freely and quietly, fully and entirely, to them and their heirs, of us and our heirs, in all things and places for ever as aforefaid. An oath hath been taken, as well on our part, as on the part of the barons, that all thefe things mentioned above (hall be obferved in good faith, and without any evil intention, before the above-named witnefles, and many others. Given by our hand in the meadow, which is called Runingmed, between Windfor and Stains, this fifteenth day of June, in the feventeenth year of our reign.

APPENDIX. 407

NUMBER III. AD PETRUM AM1CUM MEDICUM.

ARGUMENTUM.} Indicat Petro Medicinae perito fe ex intinere aegrum nobilem virum invififle, & medicinam illi fecifle : ra- tionem morbi & medicinae exponit ; ac de caetero zgnim illius curae committit.

Charffimo amico fuo PETRO, Magijier P. Blefenfts, faluteiti in -uerofalutari.

U P E R ingrediebar Ambafiam, ubi vir nobilis No. III. Geldewinus graviter aegrotabat ; occurritque mihi dominus catlri, 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 longiorem, confilium meum fuit, ut vocarent vos ; pinguique retributione veftram circa infirmum diligentiam excitarent. Licet autem fitis cir- cumfpeftus in his, tanquam fimilia frequenter expertus : quia tamen teftimonio Hippocratis eft experimentum fallax, & quandoque uni revelat Dominus, quod abfcon- dit ab aliis : non tsedeat vos audire hujus aegritudinis modum : fymptomata etiam, quae plenius vos inftruent : et quibus auxiliis in argritudine fit utendum. Commune quidem medicorum vitium eft, Temper circa aegritudines variare : unde fi tres aut quatuor ad infirmum veniunt, nunquam in aflignatione caufae, vel exhibitione curae con- veniunt. Porro, ficut nos duo fumus conformes in votis, fie & decet, ut identitas fit in noftris operibus, & in verbis. Ego fiquidem primitias curationis adhibui : certufque

fum,

4o8 APPENDIX.

No. III. fum> quod afiequetur de facili fanitatem, fi fit qui pru- *— v * denter continuet manum fuam. Noveritis autem cer- tiflime, quia medium hemetritaeum patitur: cum enim patiatur continue de tertio in tertium, magis affligitur. Scitis autem quod fi minor hemitritaeus eflet, cum habeat generari ex phlegmate putrefa&o in vafis, & extra, fuos numquam tertiaret aflultus. Qiiod fi major hemitritaeus eflet, propter putrefa&ionem melancholias intus & extra in motu materiae interioris, aeger etiam motum & aptitudi- nem membrorum amitteret : dentes etiam ipfius ad fe in- vicem clauderentur. Quae omnia, quia in hac febre minime accidunt, conftat medium efle hemitritseum pro- venientem ex cholera in vafis & ftomacho putrefa£la. Nam fi in hepate putrefadia eflet, quod quandoque folet accidere, urina rubea & tenuis minaretur aduftionem, & ad nigredinem pertineret : quod, quia non aceidit videtis materiam in vafis & ftomacho refidere. Ex quo igitur veni, quia ipfa die cum febris invaferat, feci ei venam hepaticam aperiri. Et quia, dum morbus in augmento eft (quod ex eo liquet, quia adhuc eft urina rubea & tenuis), nondum eft purgatione utendum, ufus fum repref- fivis, oleumque violaceum fuper cor & hepar, ac front! ejus appofui. Reftat igitur, ut cum urina fpiflior plense digeftionis tempus nuntiaverit, detis ei frigidum caphonis quod dare tutius eft, quam oxi, vel aliud : nam in illo tota malitia fcammoneae beneficio deco£tionis evanuir. Optima etiam ei eflet deco£Uo cafliae fiftulae myrobala- norum citrinorum cum capillis Veneris et feminibus citroli, cucurbitae, & melonis : fi tamen infirmi vires haec vide- ritis pofle pati. Dietam, ficut fcitis, oportet efle perte- neum : ptifanam fcilicet, & micam panis ter in aquis aut quater ablutam, fomentationefque de maluis, & violis, & papavere, non deficiant circa pedes : nam ibi calor pluri- mum invalefcit. Si vero vehemens calor arcem capitis, ficut evenire folet, invaferit, radatur caput, atque aqua rofacea, & fucco folatri, ac femper vivae, craflulae etiam, 9 & ver-

APPENDIX. 409

Sc vermicularis, atque plantaginis, pannorum intin&ione, No. III. caput, frons, & tempora mulceantur. Propter ingruen- tiam fitis lingua lavetur, ficut fcitis, cum pfyllio, lignoque radatur. Ad infomnitates, papaveris nigri, maluse, violae hyofcyami decoftio pedibus, herbseque deco&ae capiti apponantur. Contra inobedientiam ventris fiat fuppofito- rium, aut clyftere. Haec ideo fcribo vobis, non ut in- digeatis inftrui, fed ut vobis fecurior, & segroto acceptior fit medicina, quse de noftra communi deliberatione pro- cedit. Frequenter enim ex aptitudine medici gratiofa, ex quadam confidentia quam aegrotus inde concipit, natura jam deficiens convalefcit. Oportet igitur vos circa hunc circumfpe&um efie ac ftrenuum, de cujus convalefcentia, & magni titulus honoris vobis accrefcet, & utilitas refpon- debit ad votum.

NUMBER IV.

Permiffion of Richard I for holding tournaments in England.

RICHARD, by the grace of God, &c. to the reverend No. IV. father in Chrift, Hubert, Arch, of Cant. &o " greeting. Know that we have permitted tournaments to be held in England, in five places ; between Sarum and Wilton, between Warewicke and Kenelingworthe, 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 hindred, nor damage done to our forefts. And an earl who fhali turney there, fhall pay us 20 marcs, and a baron 10 marcs, and a knight who has land, 4 marcs, and a knight who has no land, 2 marcs. No foreigner fhall

turney

4io A P P E N D I X.

No. IV. turney there. Wherefore we command you, that on the day of the tournament you (hall provide, at each place, two clerks and [your] two knights, to receive the oaths from the earls and barons, for their fatisfa£tion, concern- ing the aforcfaicl fums, &c.

END OF THE SIXTH VOLUME.

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