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Published online by Cambridge University Press: 25 March 2010
page xviii note * Statutes of the Realm, 25 Ed. III. Madox, Hist. of the Exchequer, 4to. i. 304.
page xviii note † Bede, Eccl. Hist. b. ii. c. 2. Iolo MSS. p. 588.
page xviii note ‡ Reg. Trefnant Episc. Heref. ff. 131 b, 132 a.
page xix note * Beda, 1. iv. c. 12. By others it is placed at A.D. 680. Collier, Eccl. Hist. Svo. i. 252.
page xix note † Bede' s account is, that Putta went to Sexwulf, Bishop of the Mercians, and having received of him a certain church and a small spot of land, ended his days there in peace.
page xix note ‡ Chron. in X. Script. Twysden, c. 754.
page xix note § This noble Saxon who, according to the historian, had been relieved of a paralytic affection at the shrine of Saint Ethelbert, and in consequence gave this manor, did not resign it to the church without strong expressions of natural feeling and pious gratitude. Health, which more than any thing under heaven he coveted, had been restored to him; and therefore this, which of all earthly possessions he loved best, he consecrated to God and the martyr. The writer has apparently preserved the precise words of the deed. Quia rem sub cœlo quam maxime desiderabam, sanitatem scilicet, contulit mihi martyr insignis, re a me idea quam in terris plus dilexi, Lidburia videlicet, dignus est imperpetuum remunerari. It was the first offering of the kind that had been made since Ethelbert had become the patron saint. Hœc autem prima terrarum omnium, ut asserunt, fuit, quœ Ethelberto collatœ fuerunt. Id. c. 753.
page xix note ║ G. Mapes de nugis curialium. Camd. ed. Wright, p. 207.
page xx note * Domesday Book, ff. 181 b, 182 a.
page xx note † Godwin, ed. 1615, p. 454.
page xx note ‡ Hayas de Ros, quas ante tempus meum amiserat, cum omni plenitudine et dominio venationis, et aliarum rerum ecclesiœ ipsius (sc. episcopi) reslituo. Reg. Swinf. f. 15 a. The bishop was Gilbert Poliot, who was preferred to this see A.D. 1149, and governed it about 12 years.—Godwin.
page xx note § G. Mapes, ut supra, p. 224.
page xxi note * Anglia Sacra, p. ii. p. 314.
page xxi note † Royal Letters in Tower of London, No. 64.
page xxii note * Wilkins, Concilia, i. p. 761.
page xxii note † Stowe, Chron. in an. 1263.
page xxii note ‡ Reg. Swinf. f. 25 a. The singular makeweight of the death of the castellan, inserted among damages, may call to mind the pecuniary mulcts that were of old exacted for personal injuries and murders. No portion of this valuation was probably ever paid; but it stood upon record as a bad debt to the see.
page xxii note § Dugdale, Baron, i. p. 664, c. b.
page xxiii note * Reg. Swinf. ut supra.
page xxiii note † In Dors. p. 153, this seizure is referred to about 1275; but it must have occurred prior to that time, and the prince mentions them in a letter of 6 kal. Sept. 1275, as tres villœ a diu relroactis temporibus sub dominio nostro. Reg. Cant. f. 4 a.
page xxiii note ‡ He restored some property that belonged to the see of Saint Asaph under threat of excommunication; and Cantilupe reminds him of it in his fifth and last letter, Gratum hateremus admodum, et acceptum, si scriptis facta, vestra vellet nobilitas compensare, restituendo nobis et nostrœ ecclesiœ dictas villas, sicut nuper domino Episcopo Assavensi bona et jura, quœ abstuleralis ab eo, liberaliter sicut decuit, reddidistis, excommunicationis laqueum formidantes. Id. f. 15 b. Some of the tenants of these vills, who committed certain outrages, were actually excommunicated. Id. ff. 30 b, 31 a.
page xxiii note § All traces of this attempt at negotiation disappear after about 1276. Llywelyn was slain 11 Dec. 1281. Hist. of Wales, 8vo. 1775, p. 396.
page xxiii note ║ Reg. Cant. ff. 22 a, et seq.
page xxiii note ¶ See a list of them as taken at his decease in 24 Ed. I. Cal. Inquis. post mortem, pp. 131, 132, 133.
page xxiv note * Roll, pp. 15, 16, 17, 19, 20.
page xxiv note † Dors. p. 125, and APP. NO. I.
page xxiv note ‡ This affair was closed April 12,1278. Ann. Eccl. Wig. Angl. Sacra in anno. The fosse was made in the year 1287, to prevent the deer from straying into the Bishop's preserves, and vice versa. But in so doing the Earl trespassed upon the Bishop of Worcester's land, who in turn defended his right; and it was finally agreed by way of composition, that the Earl and Countess and their heirs should furnish annually to Godfrey, Bishop of Worcester, and his successors, from their chase of Malvern, at his manor of Kemsey, by the hands of their constable of Hanley, two brace of bucks and does on the vigil of the Assumption and Christmas eve. Reg. Godfr. Giffard, Ep. Wig. ff. 311 a, 453 a. Antiquit. Prior. Maj. Malv. 8vo. Lond. 1725, pp. 159, et seq.
page xxv note * For an instance of homage recorded see APP. NO. XIV. Liber nig. Scace. Hearne, I. p. 150, contains a catalogue of tenants at an earlier period. The existing roll of Swinfield's tenants is in APP. XV.
page xxv note † Statute s of the Realm, i. 249.
page xxv note ‡ Sciendum est quod nullus unquam episcopus Herefordensis fecit servitium militare in exercitu domini regis nisi per. V. milites. Licet scutagium solvere consuevit pro quindecim, quando scutagium sine guerra fuit assisum ad pecuniam. Reg. Swinf. f. 149 a. It was complained that demands of scutage were frequently attempted to be made from the exchequer many years after the service had been performed and allowed; for this reason care was taken to preserve the official discharges. The sum paid for scutage was 40s. for a whole fee, half a mark for a whole hide, and twenty pence for every virgate of land. APP. XV. A regular commutation or compensation was introduced for knight's service in the following reign. Id. f. 121 b.
page xxv note § See APP. XVI. for details respecting those who were in the last campaign against Llywelyn, and afterwards in Scotland; and the apparent attempts on the part of the exchequer to exact scutage for services that had actually been performed.
page xxvi note * Chron. Jocel. de Brakelonda, Rokewode, Camd. Soc. 1840, pp. 48, 49, 63. Chron. Petroburg. Seapleton, Camd. Soc. 1849, p. 24.
page xxvi note † Reg. Swinf. f. 43 a.
page xxvii note * This has been printed by Willis in his Survey of the Cathedral of Hereford, p. 828, from the MS. in Bibl. Cotton. Tiberius, C. x. f. 76, and by the Record Commission under the title of “Taxatio Ecclesiastica Angliæ et Walliæ, auctoritate P. Nicholai IV.” fol. 1802, to which we shall have frequent occasion to refer.
page xxvii note † Reg. Swinf. f. 33 a, b. APP. V.
page xxvii note ‡ A grant or lease of the mill at Upton-Bishop from Hugh Foliot, (bishop from 1219 to 1234,) to Walter de Horlesdon contains this clause, Volitmus et prœcipimus quod ballivi nostri de Ros et de Upton distringant omnes homines et fœminas villœ de Upton ad sequendum et exercendum molendinum nostrum de Upton cum omnibus molturis suis, et ibi morari usque dum possint perficere. Reg. Swinf. f. 49 b.
page xxvii note § Ledbury and Bosbury. Reg. Cant. f. 37 a.
page xxvii note ║ Reg. Swinf. f. 24 b.
page xxvii note ¶ Id. ff. 78 a, 86 a. The statement published by Willis differs very little from an original copy inserted in the Episcopal Register; that which is included in the General taxation varies materially from them, and appears in error. For, whereas it professes to give the sum total of the profits in and out of the diocese conjointly at 449l. 1s. 5d. the others set the temporalities in the diocese of Hereford alone at that sum, and afterwards bring forward items from other quarters which advance the whole to upwards of five hundred pounds. Reg. Swinf. ff. 77 b, 78 a. The estimate appears to have been based upon a rateable rather than an actual value. The Pope was aware that this might be done, and by a bull dated 4 Id. Jan. 1289–90, required that the collections should be made according to the true value. Rymer, Fœdera, ii. pp. 459, 460. It is impossible to ascertain which of the two methods was generally adopted; but the former appears the more probable. The taxations of Carlisle and Llandaff are stated to be at the true value, and that of St. Asaph ad verum valorem modo, as if it had not been so in the first return. There are others called novœ taxationes, which looks as though some of them had been revised. Tax. P. Nich. pp. 278, 285, 318.
page xxviii note * Swinfield, in a letter to Geoffrey de Genvile, lord of Ludlow, at the beginning of his career, excusing himself for declining to give a prebend to his son, then a mere child, promises to allow him ten marks a-year out of his wardrobe till he could hold preferment; although, he observes, his bishopric was one of the smallest in England. No doubt he thought so. Tut eye ioe une des mendres evesches de Engleterre. But the conclusion seems formed in a general way. According to the returns, Worcester, Coventry and Lichfield, Exeter, and Rochester were below it in value.
page xxviii note † Dors. ║46 a, et seq.
page xxix note * See an instance in Dors. p. 169.
page xxix note † From Cantilupe's instructions to his seneschal, J. de Bradeham, in Nov. 1276, it appears that the bailiffs were required to make up their rents quarterly, beginning from the feast of St. Andrew. The money was paid into the wardrobe, and no bailiff was allowed to deliver out corn, animals, or any stock from his bailiwick unless a reasonable price had been set upon it. Great abuses had existed in the management of the stock and revenue in Bishop Breton's time. Reg. Cant. f. 33 a.
page xxix note ‡ He describes the duties of the treasurer of the king's wardrobe, an office which was discharged by clerks alone. In France it was called camera clericorum. Two rolls were kept, one for receipts, another for expenses. Fleta, 1. ii. c. 14. The seneschal and his duties are given at length in c. 72.
page xxix note § Dors. ║37.
page xxx note * Roll, p. 59, note a; 105, note b. Dors. ║49.
page xxx note † Dors. ║63 g, I.
page xxx note ‡ C. 79, de pastoribus.
page xxx note § Reg. Cant. f. 8b.
page xxx note ║ ║ Dors. p. 195.
page xxx note ¶ Reg. Swinf. f. 74 a.
page xxx note ** Dors. 1142, 62.
page xxxi note * Dors. p. 167.
page xxxi note † Dors. p. 169.
page xxxi note ‡ In the Roll, p. 16, note b, only two are alluded to. They were three in all; Gilbert 1149, Robert 1174, Hugh 1219. The Editor in this part of the work avails himself of an occasional opportunity of supplying an omission or correcting an error that may have occurred in the notes and commentary upon the Roll and Endorsement.
page xxxii note * Particulars respecting these persons may be found by reference to the Index.
page xxxii note † Dors. p. 132. Walter did homage for certain of his lands to the Earl of Hereford, March 12, 1302. Reg. Swinf. f. 38 b.
page xxxii note ‡ This was not always done. In one instance a ward, who was of too tender an age, was returned to the custody of his female relations. The treatment of the little heir of Walford, near Ross, is a pleasing illustration of the paternal consideration of the Bishop, and of the simple manners of the age. ║ Waleford. ║Item memorandum quod die beatorum apostolorum Philippi et Jacobi, anno domini supradicto (1303), venit Johannes Comyn ad dominum ad Bosebur', et adduxit Johannem heredem de Waleford, puerum sex annorum et parvum amplius, et prœdictum puerum domino tradidit, sicut domino feodi, custodiendum. Quern Johanni prœdicto in fide sua dominus retradidit, per matrem pueri et aviam ejusdem pueri fovendum, donec dictis aliter ordinaret de eo. Reg. Swinf. f. 138 b.
page xxxiii note * Dors. ║8, p. 117.
page xxxiii note † Mortimer was, however, a clerk, and held several preferments in the diocese. Roll, April 13, p. 74, and Dors. p. 188.
page xxxiii note ‡ Dors. p. 112. Under this general head are included by Fleta all who acted in the Court of King's-bench, p. 87, 1. 2, c. 37. De Narratoribus. In curia autem Regis sunt servientes, narralores, attornati et apprenticii. Serjeants, counsel, attorneys, and clerks, all under the title of narralores. The analogy of the term conteur is obvious. Conteur est que aucun establit pour conter pour lui en cart. Le grand coustumier du pays et duché de Normandie, c. 64, f. 75 b.
page xxxiii note § Dors. pp. 125, 126.
page xxxiii note ║ Thomas Bodenham, so late as in the reign of Hen, VIII., received an annual stipend of 4s. 6d. as armour-bearer to the Bishop of Hereford. Duncumb, i. p. 511.
page xxxiv note * Blackstone, Comm. b. iii. c. 22, v.
page xxxiv note † Saint Louis, by an ordinance in 1260, had endeavoured to suppress wager of battle in his own court, but could not succeed in removing it from the seignories of his barons, and it was afterwards re-established in 1306. The words of the ordinance by which it is restored are highly expressive: Qui se plaint, et justice ne trouve, la doit-il de Dieu requerir, que si pour intérest, sans orgueil et mal talent, ains seulement pour son bon droit, il requierre bataille, jà ne doit redouter engin, ne force, car Dieu nostre Seigneur Jesus-Christ, le vrai juge, sera pour luy. Le Livre de Justice et de Plets. Rapetti et Chabaille. Documents Inedits, 4°. 1850, Pref. pp. viii. ix.
page xxxiv note ‡ The Welsh never adopted it. This was sworn to upon competent evidence at the inquest held on their laws at Montgomery, 10 Edw. I. Iuor ap Tetwaret Eynat, Wallice, Judex, Latine juratus et examinatus dicit, quod coram domino rege et suis justiciariis magnates Wallici consueverunt jus suum optinere… Addit etiam, quod ubi rei veritas de facili non poluerit inquiri, per legem Kenerith solebat loquela deduci; quœ quidem lex Kenerith, quia in Wallia duellum non solet invadiari, quasi loco duelli solebat placitum terminare, &c. Rot. Walliæ in Turr. Lond. 10 Edw. I. m. 4.
page xxxiv note § An instance had occurred in Herefordshire (8 Hen. III.) about 66 years before. Walter de Furno (Fourneaux or Furney) assassinated Robert Mainard, who had come out of a tavern in company with his brother Walter Mainard. The latter appeared in court and challenged De Furno. They fought on the morrow. De Furno was vanquished and hanged. Walterus filius Mainardi appellat Walterum de Furno quod sicut ipse et Robertas frater ejus recesserunt de quadam taberna apud Ros, venil ipse Wallerus de Furno et nequiter et in felonia, et ipso vidente, percussit Robertum fratrem suum quodam cullello in ventrem, ita quod plaga ilia obiit, et quod ita sit offert derationare versus cum per corpus suum sicut curia consideraverit. Et Walterus de Furno venit et defendit mortem illam per corpus suum; et ideo Walterus de Furno det vadium defendendi; et Walterus filius Mainardi det vadium probandi; et veniant armati die crastina. Plegii. Wallerus filius Mainardi, Robertus Peuk, et Simon prœposilus de Adellone (Alton ?) et Hugo Enact. El Walterus de Furno victus est et suspensus. Rot. Itin. 8 Hen. III. in Turr. Lond. Plac. de term. Sti. Mich. a. 8°. Hen. III. The last appeal of murder was made in 1817, in the case of Ashford against Thornton.
page xxxv note * Jacob, New Law Dict. v. Champion.
page xxxv note † Gibson, Hist. of Tynemouth Monast. I. p. 156, II. pp. 45, 46.
page xxxv note ‡ Annales Eccl. Wigorn. in a. 1275. Wharton, Angl. Sacra, I. p. 501.
page xxxv note § APP. NO. 1, where Hertford is misprinted Hereford.
page xxxvi note * Gloss, in vv. Campus. Duellum. Du Cange, in v. Campio.
page xxxvi note † It is not certain whether this applies to form or colour, perhaps to both.
page xxxvii note ‡ His official vestments find no place in this record, except in a very few instances, such as only relate to those of the simpler kind. Fine linen was bought for his rochets and a surplice; the mending or making up of a rochet and a capa chori is carried to accounta; there is not a word of the richer robes and pontifical ornaments, but some notion of them may be formed from his register. It has been already remarked that the see was plundered of its valuables in the time of Aquablanca, but all was not then lost. Henry III. gave to the church a mitre set with precious stones, and when Cantilupe entered upon his charge this and another that had belonged to Bishop Ralph Maydenstane, a pastoral staff and ring of Bishops John Breton and Giles Braose, still remained among its stores. These pontificals gradually augmenting, and handed down from prelate to prelate, appear, like the regalia to the crown, a sort of heir-loom to the see. They were held in trust for it by the dean and chapter, and lent successively to each diocesan for the time being upon an undertaking that they should be restored. Cantilupe, while he was bishop elect in 1275 (Reg. f. 2 b), gave an engagement that his executors, within one month after the day of his decease, should give up those already described, which he borrowed for his use during his life; but no vestments are named in the writing. At Swinfield's accession, however (Reg. f. 3 a), the stock was increased by another mitre, a pontifical, and several articles of dress and plate, the whole of which were more than doubled in number and value when Orleton succeeded him. In this respect, and perhaps not in this alone, Swinfield left the see far better than he found it. Orleton's bond exhibits the following inventory: Habuimus ex accommodato, &c. Unam mitram de perlys cum voltis deauratis et amalatis plenis lapidibus pretiosis quam bonœ memoriœ dominus Johannes de Swynefeud quondam Episcopus Herefordensis emit a magistro Willielmo de Kyngescote quondam canonico Herefordensi, pretii quadraginla librarum. Item, duos pannos aureos de una secta cum griffonibus in latis circulis de rubeo serico per totum, pretii.x. marcarum. Item, unum par sandalium cum griffonibus consutis cum jocularibus lapidibus intextis, pretii quadraginta solidorum. Item, unam casulam de rubeo sindone linita (sic) de carda crocea, pretii quadraginta solidorum. Item unam casulam cum tunica et dalmatica de albo samito ex parte nna et rubeo sindone ex alia, pretii decem librarum. Item, tertiam casulam de serico de India linita (sic) de carda viridi cum tunica et dalmatica dupplicatis, videlicet, de rubeo sindone ex parte una et de sindone de India ex alia, pretii quadraginta solidorum. Item, unum libellum processionalem, pretii duorum solidorum. Item, unam casulam, tunicam et dalmaticam cum capa de samito albo et de sindone rubeo, nova et recentia de eadem secta; unum baculum pastoralem, sandalias et sotulares episcopales de panno serico de gennia (genoa velvet?); et alios sotulares de serico sanctœ memoriœ domini Thomœ de Cantilupo de armis ejusdem. Item duas mitras, quorum una est alba cum aurifrigiis, et alia est de (samito ?) cum aurifrigiis et lapidibus pretiosis; albam et maniplum amictum cum stola ejusdem sectœ broudatœ cum perlis? magnis, et duo paria cirothecarum et pontificalium. Reg. Orleton, f. 12 a.
page xxxvii note * Dors. p. 111, et seq.
page xxxvii note † Roll, April 11.
page xxxvii note ‡ Dors. p. 120.
page xxxvii note § Dors. p. 183, et seq.
page xxxviii note * March 24, at Sugwas in manerio.
page xxxix note * Dec. 22, March 24, 31. They are called braciatores; but it is plain by the expression in stipendiis earundem, that they or the helpers were not of the masculine gender.
page xxxix note † There is reason for believing that even among the higher ranks of society in this age the virtue of cleanliness was not pushed to any fastidious excess; and the following statement, if it may be admitted to refer to the whole household, will go but a little way towards establishing an impression of extravagance, or the frequency of a change of linen. The washing-bills for a twelvemonth in a family of this class, during the reign of Edw. I. must be allowed to be a rarity. They are here brought together, as was proposed in p. 131, in a connected form, out of different parts of the Endorsement, to exhibit the general cost under this head. The dates are chiefly supplied from the diary.
Curiosity is baffled as to the nature of these charges, whether they are moderate for the time or otherwise. The Court laundress in 28 Edw. I. undertook the linen of the royal chapel, of the chamber and family towels, for two marks per ann. Liber Quotid. Garderobse, Topham, p. 84. And at Michaelmas in the same year, Alice Pope was paid 1l. pro lotura pannorum of Elizabeth, Countess of Holland, the king's daughter; and it seems to have been a yearly undertaking. Id. p. 72.
page xl note * “He shunned the conversation of women, even his own sisters, as much as could stand with common civility; not permitting them to lodge above one night in his palace, and then his custom was to leave it himself, and divert to some of his manor-houses.” Life and Gests, &c. c. 24, p. 307. See Collier, Eccl. Hist. II. 539. 8vo. ed. London, 1840.
page xli note * Sometimes it may express bread or a loaf. It is used in both senses in the statute De Pistoribus. Stat. of the Realm, i. p. 201.
page xli note † Dors. ║44 h, 45 b.
page xli note ‡ July 17, p. 105.
page xlii note * With only one exception, April 8.
page xlii note † The quarter of London was eight bushels. Assisade Pond, et Mens. Ed. I. Statutes of the Realm, p. 204. A not improbable difference between this and the provincial quarter, like that between the standard bushel and customary bushel, would disturb any estimate based upon these facts. But it may be presumed that, if such difference existed in the buying and selling of the country, it would have been noted; for Kemeseye has not omitted in certain purchases to mark the difference between the long and short hundred. Roll, March 27, et alibi.
page xlii note ‡ Walsingham, from whom this is taken, says it was nocte S. Margaretœ Ypod. Neustriæ, p. 72. Thunderstorms frequently happen about this time. Even the new style has not rendered the country proverb less applicable than it might have been under the old, that “St. Margaret washes her handkerchief on her day.” Fleetwood, Chronicon Preciosum, ed. 1707, pp. 79, 80, was apparently perplexed by the want of precision in some historians, and assigned this event to 1286.
page xliii note * Chronicles, I. p. 284, c. 2, in a. regis Ed. I. 17, 1289. Walsingham, ut supra, observes of the fertility of the preceding year that wheat was sold in some places for 1s., in others for 1s. 4d. and 1s. 8d. per quarter. Sed superbiente populo et ingrassalo, mutavit allissimus fortunam illam, ita quod in secundo anno sequente, scilicet millesimo.CC°. nonayesimo, vendebatur quarterium frumenti pro.xii.s. sterling, et in locis aliquibus pro marca et ultra. Trivet gives the same account of it. Macpherson, Annals of Commerce, i. 449, points out that Stowe places it much lower: that in the west and north parts of the country it was sold for eight pence, being a farthing the peck. Thus the subsequent advance was rapid indeed. Might not the value of money have united wilh the season in bringing about and continuing this change? The Worcester Annals indicate it as a concurrent cause of the cheapness of grain, setting i t at a rate still lower than any above quoted. Anno 1238 (Maius), Tanta fait copia frumenti et raritas monetœ, quod quarterium vendebatur pro sex denariis. Angl. Sacra, i. 510.
page xliii note † Roll, p. 32.
page xliii note ‡ Roll. pp. 8, 31, 78, 79, 106.
page xliii note § Vineas etiam in quibusdam locis germinans. Bede, Monumenta Hist. Britan. fol. 1848, p. 108. Vineœ fertilis est, sed raro. Hen. Huntingdon, id. p. 693.
page xliv note * In the letter to his steward already quoted, he remarks, De modo faciendi vineam nostram de Ledebyr' vobis apertius scribemus; sed quia tempus nan adest in brevi eandem faciendi, distulimus de factura ejusdem plus ista vice mandare. Reg. Cant, f. 33 b.
page xliv note † Roll, March 2, p. 59.
page xliv note ‡ Id. Dec. 3, p. 25; July 11, p. 103.
page xliv note § Hallam, State of Europe during the Middle Ages, iii. 451, ed. 2, 1819.
page xliv note ║ Good Friday, March 31, must be excepted.
page xliv note ¶ The lighter wines of France were now chiefly in demand. It may be concluded that the Bishop never could have suspected the pathological fact detected by acuter medical observers of more modern times, that such a liquor would be injurious in promoting and aggravating the frequency of those nephritic attacks under which he suffered at intervals. He had a cup of wine by him during one paroxysm, and was relieved for the time by drinking it. See Dors. p. 139.
page xliv note ** At the great fish day in Ross, March 15, the company were supplied with no less than thirteen sextaries.
page xlv note * Pp. 25, 39, 103.
page xlv note † Dolium vini quinquaginta duo sextaria vini puri debet continere et quodlibet sextarium quatuar jalones. Pp. 73, 74, lib. 2, c. 12, § 11.
page xlv note ‡ This is seen by the scale of prices, Jan. 4, p. 37.
page xlv note § It may, however, be observed, in justice to the vintners of Hereford, that Henry III. upon two occasions, when be was in that place in the eleventh year of his reign, granted them the privilege of selling their wines contrary to the assize, owing to a scarcity of wine there; and directed his judges of assize not to fine or molest them on that account. Rot. Litt. Claus. 11 Hen. III. p. 202 b.
page xlv note ║ Der. 3; July 11.
page xlv note ¶ Roll, pp. 32, 56, 96.
page xlvi note * It occurs in the roll of the Countess of Leicester; but, so early as the 6th of King John, a. 1205, Robert de Evermue was found to hold his lordship of Redham aud Stokesly in Norfolk by petty serjeantry, the paying of 200 pearmains and four hogsheads (modios) of wine made of pearmains into the exchequer on the feast of St. Michael yearly. Blomefield's Norfolk, 4th edit. xi. p. 242, quoted by Cullum, Hist, and Antiq. of Hawsted, p. 117, note.
page xlvi note † But two sorts were made for sale in the next reign. Fleetwood, p. 91. Stowe, a. 1315, mentions three sorts.
page xlvi note ‡ There is nothing to prove the contrary; and as to that which was bought, the general correspondence of the sums with the number of sextaries furnishes evidence of it. Where an irregularity can be detected between them, it maybe reconciled by the notion that in such a purchase there were two sorts of beer.
page xlvi note § Dec. 22; March 24, 31. The last is entered at Colwall, but it took place at Botibury. See Apr. 9.
page xlvi note ║ Wheat was forbidden to be used in 1315 and 1316. Fleetwood, ut supra.
page xlvii note * The writer can well recollect being told in very early life by a country gentleman who lived to an extreme age, and had been at the University of Oxford towards the latter part of the reign of George the First, that the strong beer then in vogue at the colleges was so glutinous that, when it had been spilt, the cup would in some degree adhere to the table.
page xlvii note † A difference was made between the sale in the town and country. In the assize of bread and ale it is enacted that, when a quarter of wheat is sold for 3s. or 3s. 4d., and a quarter of barley for 1s. 10d., and a quarter of oats for 1s. 4d., the brewers in towns may well afford to sell two lagenœ of beer for a penny, and out of town three or four gallons for a penny; and when in a town three gallons are sold for a penny, out of town they ought and are able to sell four. Quando in burgo venduntur tres lagenœ ad denarium, extra detent vendi quatuor, et bene possunt. The roll affords no evidenca of compliance with this rule, though it exhibits some of these prices.
page xlvii note ‡ Galona and lagena are used indiscriminately. Fleetwood, pp. 100,101, does not seem to have been aware that twelve lagenœ of beer measure formed a sextary, and hence appears to have ventured upon a correction in error by reducing them to quarts.
page xlvii note § Roll, Dec. 21, 30; Jan. 4, 7, 16, et alibi.
page xlvii note ║ The canonical days are seldom infringed upon. See, however, Roll, Dec. 28, 30; Jan. 4, 25.
page xlviii note * Feb. 27; March 9, 12.
page xlviii note † March 17, 27.
page xlviii note † Feb. 26, 28.
page xlviii note § Feb. 15, et alibi.
page xlviii note ║ Those of venison are distinguished, the side or flitch, the haunch and the rump. Roll, pp. 40, 41. Stowe, a. 1533, has preserved a memorandum of the commencement of the London butchers' retail trade by weight.
page xlviii note ¶ In April and May.
page xlix note * Hallam, State of Europe, iii. 363.
page xlix note † Fodder might, indeed, have been given to the deer in winter, when the does in particular were fatted in the parks, and said to be de firmalione. Roll, Nov. 1, Dec. 26. But this would belong to the bailiff's accounts.
page xlix note ‡ Roll, Dec. 25, 27; Jan. 3.
page xlix note § Jan. 8.
page xlix note ║ Pp. 15, 93.
page xlix note ¶ Manners and Household Expenses.
page l note * The household books of Edward I. exhibit his passion for the sports of the field, and particularly for falconry. The nobility, and all who could afford to indulge in it, followed his example. The king had eleven falconers ad duos equos, and six ad unum equum. Rot. de Denar. Liberat. &c. a. 18 Ed. I. Carlton Ride. Amidst all his anxious schemes and active measures, he paid great attention to his hounds and hawks. The charges for attendance upon sick birds are curious, for watching and keeping them warm, and offering at shrines for their recovery. Edward ordered an offering for one of them to be made at the shrine of St. Thomas de Cantilupe in Hereford cathedral. Thomelino filio Simonis Corbet (the Corbets of Shropshire were great sportsmen) pro uno quarterio carbonis empti ad ardendum per.iiij. dies pro uno girfalcone regis infirmo.xrj.d. Eidem pro oblalionibus quas fecit ad feretrum Sancti Thomœ Herefordensis et ad feretrum Sancti Thomœ Cantnariensis pro dicto falcone infirmo per prœceptum regis.vj.d. Rymer, Add. MSS. Mus. Brit. 4574, f. 239. A waxen image of the falcon was offered for the bird at the tomb at Hereford, and a journey made to bring him thither. Eidem pro cera empta ad faciendum similitudinem girfalconis ad offerendum pro ipso ad Sanctum Thomam Herefordensem et pro aliis oblationibua factis ibidem pro eodem girfalcone.xviij.d. Thomelino Corbet existenti extra curiam per preceptum regis, primo per.viij. dies eundo de Dounameneye usque Sanctum Thomam Herefordensem peregre cum girfalcone regis, &c. Id. ff. 253, 260.
page l note † Jan. 10.
page l note ‡ Apr. 2, 3.
page l note § Mar. 17.
page l note ║ Dors. p. 134, Jan. 8, 12.
page li note * Non insitiva manus industrial, sed ipsius solius hami natura. See Archæol. Journal, v. 302.
page li note † Dors. ║11.
page li note ‡ Dec. 17; Jan. 3, 8, 9, 12; May 29; June 28.
page li note § Nov. 30; Jan. 27; July 15, 19.
page li note ║ Oct. 3; Dors. ║5, 6 a, b.
page li note ¶ Mar. 16, 26.
page li note ** Oct. 23; Dec. 25; Jan. 12.
page lii note * Nov. 30; Jan. 9, 27; Mar. 25; May 5; Apr. 1; June 10.
page lii note † Dec. 3, 24; Feb. 26.
page lii note ‡ Lives of the Princesses, ii. 365.
page lii note § Lib. Quot. Contrarot. Gard. 28 Edw. I.; Topham, p. 343.
page lii note ║ Unum par cultellorum cum manicis argenli aymellat’ cum unofurchetto de cristallo occur among the jocalia of the royal wardrobe. These were a gift to Edward I. from Mary of Bretagne, Countess of St. Pol.
page liii note * Dors. ║ 62 q.
page liii note † Prol. to Cauterb. Tales, The Squier, 2.
page liii note ‡ P. 180.
page liii note § Dee. 25.
page liii note ║ Oct. 11,20; Dec. 20, 29, et alibi. Fleetwood states tha t sea-coal was not in common use in London before about the middle of the sixteenth century. Chron. Free, p. 118. No trace of the Forest of Dean coal is detected in the Roll.
page liii note ¶ Oct. 11; Apr. 9.
page liii note ** Dec. 25; Dors. ║41.
page liii note †† Dec. 25.
page liii note ‡‡ April 9; June 16.
page liii note §§ Jan. 12.
page liv note * July 10.
page liv note † P. 129.
page liv note ‡ Oct. 11, 20.
page liv note § Dors. ║59, 60q.
page liv note ║ Richard, huntsman of the Bishop of Ely in 1216, had two horses and four grooms, fifteen greyhounds, and a pack of thirty-one hounds. These had an allowance of bread or meal when necessary, and were wont to hunt in the Bishop's chase for flesh. Rot. Litt. Claus. p. 251. If this were on their own account, it seems to have been an extravagant way of maintaining them. But the see itself was in a neglected state. Robert of York was Bishop elect for five years, but was never consecrated, from 1214 to 1219. Godwin in Ely.
page liv note ¶ Manwood, Forest Laws, p. 103.
page lv note * June 20, 29; July 1, 16.
page lv note † July 21.
page lv note ‡ Feb. 23.
page lv note § Dec. 16.
page lv note ║ July 19.
page lv note ¶ Vision of Piers Ploughman, passus sextus. Antony a Bek, the active contemporary Bishop of Durham, confidential friend, adviser, and favourite of Edward I. was, according to his biographer, in nullo loco mansurus, de austro in boream; et equornm, canum et avium sectator. Rob. de Greystanes, Hist. Dunelm. in Anglia Sacra, i. 746. Hunting was canonically disallowed to the clergy voluptatis causa, but not recreationis or valetudinis gratia, which was permitted etiam episcopo. See Reliquiæ Spelmannicæ, Answer to Apologie for Archbishop Abbott, p. 109, where that writer has discussed the unfortunate case with his usual ability and learning. The abbat and monks of St. Alban's were permitted to have free warren in 1240, “for it was lawful, as appeareth in the Clementines, Tit. de statu monast. ║ Porro a venatoribus; but it is there expressly forbidden that either they should hunt in it themselves, or be present when others do hunt, or that they should keep canes venaticos aut infra monasteria seu domos quas inhabitant, aut eorum clausuras.” Id. p. 207. The biographer of Sampson, Abbat of St. Edmundsbury, touches this point tenderly and in a pleasing manner. Plures parcos fecit, quos besliis replevit, venatorem cum canibus habens; et, superveniente aliquo hospite magni nominis, sedebat cum monachis suis in aliquo saltu nemoris, el videbat aliquando canes currere, sed de venatione nunquam vidi eum gustare. Chron. Joe. de Brakelonda, p. 21. Among the offences of John Geraud, Prior of Leominster, brought forward at the visitation and correction of that house in 1287, it was alleged that Idem prior vitam deserens religiosam cum canibus, avibus et personis inhonestis indifferenter, dum ibi erat, venationem saltuosam exercuit et clamosam, viris ecclesiasticis et maxime religiosis prohibitam omni jure. Reg. Swinf. f. 43 b.
page lvi note * May 11.
page lvi note † P. 87, note f.
page lvi note ‡ Whitaker, Hist, of Whalley, p. 171.
page lvi note § Mar. 15.
page lvi note ║ The carecta cameræ or wardrobe carriage had a prœequitator or postillion; and it is not improbable, neither does it derogate from the Bishop's horsemanship, that he might occasionally have indulged in the relaxation of a ride in it, for it may not be unworthy of remark that seats and cushions are in one place associated with it (Dors. ║51.) though the writer has not specified the exact purpose to which they were applied. Such a mode of travelling might be uncommon, but was not unknown. A specimen of a coeval carriage of this kind, with a postillion, is exhibited in more than one instance in the remains of the Painted Chamber at Westminster. Vetusta Monumeata, VI. plates xxxi. 3, xxxiv. 10. The latter in the story of Naaman is very elegant; but the driver in both cases is represented on the off instead of the near horse, according to the most approved modern mode.
page lvii note * P. 146.
page lvii note † Dors. ║47 a.
page lvii note ‡ Id. ║60 o.
page lvii note § Id. ║47a.
page lvii note ║ Id. ║10.
page lvii note ¶ Id. ║50.
page lviii note † See p. xviii.
page lviii note † Psalm xv. 6,
page lviii note ‡ The attack of the Ploughman of Malvern is rather directed against the regular clergy.
Ac menẏ daẏ men telleÞ boÞe monkes and chanouns
Han ride out of a raẏ. hure ruel revel holde
And priked a boute on palfrais. fro places into maners.
Visio, passus sextus.
The places are loci, religious houses.
page lx note * See pp. 186, 187, Commentary, where 62 1. is in error for 631.
page lxi note * P. xxvii. This may derive some additional confirmation from three several returns of the issues of the episcopate made by the receivers for the crown, during the three avoidances that occurred prior to the consecrations of Bishops John le Breton, Thomas de Cantilupe, and Richard de Swinfield. They are inserted in Reg. Swinf. f. 222 b, among sundry articles of the year 1316.
║ De vacationibus episcopatus Herefordensis.
║ De exitibus episcopatus Herefordensis, a. x°. die Decembris anno liij° regis Henrici usque.xxj. diem Aprilis anno prœdicto antequam liberaretur Johanni le Bretun.CC.lxv.li’. xiiij.d’ ob’. In compute Reginaldi de Acle. In rotulo tertio rotulorum computorum per.xix. septimanas.
║ De exitibus ejusdem episcopatus Herefordensis ab.xj°. die Maii anno tertio usque.xxvij. diem Junii anno eodem antequam liberaretur magistro Thomœ de Cantilupo.CC.liiij.li’. xv.s’.iiij.d’. ob’. In computo Hugonis de Kendale. In rotulo iiij'°. rolulorum computorum per.vj. septimanas et quinque dies.
║ De exitibus ejusdem episcopatus a festo Sancti Bartholomœi anno decimo antequam liberaretur magistro Ricardo de Swẏneffeud, usque oclavum diem Januarii anno.xj°. CCC.lxxi.li’. ij.s’. v.d’. ob’. In computo Walteri de Rudmerleiẏe. In rotulo.xij°. rotulorum computorum per.xix. septimanas et iiijor. dies.
In the sheriff's instructions respecting issues (exitus) they are thus defined: Sciat vicecomes quod redditus, blada in grangia et omnia mobilia prœter equitaturam, indumenta et utensilia domus continentur sub nomine exituum. Stat. of the Realm, 13 Ed. I. c. 39.
page lxii note * Hasted, Hist, of Kent, III. 350, affirms he was bora there.
page lxii note † The most fashionable mode of finishing an ecclesiastical education, with those who could afford it, was to send the student to Paris (Pegge's Life of Grosseteste, 4to. p. 13) or Orleans. The primates Kilwardby and Peckham, as well as Bishop Cantilupe, had passed through this course, and Swinfield sent his nephews Gilbert and John to France for that purpose. (Dors. ║10.) Master Peter de Cors, nephew of Aquablanca, dean of Hereford, a portionist of the church of Bromyard, had licence from the Bishop, dated Oct. 12, 1290, to study for one year at Orleans. Reg. Swinf. f. 68 a. Licences of this sort were frequently granted to incumbents who had not completed their academical education.
page lxii note ‡ Dors. p. 33.
page lxii note § Wadding, Annales Minorum. Romse, 1733, fol. t. V. p. 227, a. 1289, observes that Nicholas IV. conferred many privileges upon them in this year.
page lxii note ║ Raynaldus, Annal. Eccl. in a. 1280, No. 27. Saint Louis divided his patronage between them, and had a confessor of each fraternity.
page lxiii note * Bacon and Duus Scotus, with his scholar Ockham, were of this order, and belong to this century. Henry, Hist, of Engl. 4to. 1781, IV. pp. 482, 483. Wadding, ut supra, p. 240, has collected other names, but they are less known.
page lxiii note † He was General of the Franciscans. Matthew of Westminster, Flores Hist. a. 1292, with no friendly feeling towards this reigning Pope or the Franciscans, preserves a sarcastic epitaph composed upon his death in the above year.
Gloria, laus, speculum fratrum, Nicholae, minorum, Te vivente vigent, te moriente cadunt.
And afterwards describes their conduct at this period in terms of jealous reprobation. Cujus tempore fratres de ordine Minorum papam pro sole habentes, lunam archiepiscopum Cantuariensem nominantes, cœperunt sua cornua erigere in universum oriem, nulli parcentes ordini vel honori in provincia Anglicana; nam monachos et professores patris Benedicti Wigorniœ et Wcstmonasler. opido (sic) immisericorditer per potenliam et audaciam infestabant.
page lxiii note ‡ Kilwardby and Peckham. Godwin is a little confused about the former, styling him in one place a Minorite, and in another the provincial of the friars preachers, a term commonly appropriated to the Dominicans, though no less applicable to the others. Much of the popularity of the Franciscans arose from their zeal in preaching the Crusade, for which preparations were now on foot. It caused them to be abhorred of the Saracens, and at the capture of Acre every one of them tha t could be found there was put to the sword. Raynaldus in a. 1291. Their convent stood not far from the breach by which the enemy entered. See the plan of Acre from Sanutus. Gesta Dei, Bongars, II. in Archaeologia, XXI. 142.
page lxiii note § The words of the will of Saint Francis are said to have been, “I wrought with my hands, and I will expressly that all the brethren apply to some honest occupation.” Saint Foix, Essais Hist. II. 207, in Blakeway and Owen, Hist, of Shrewsbury, II. 446.
page lxiii note ║ Dors. p. 188. He was not a domestic on hire, but had presents of what was necessary or useful to him; and this corresponds with the rules of the order.
page lxiv note * Dors, pp. 148, 152. Thomas de Swinfield was warden of the Friars Minors at Bristol. Reg. Swinf. f. 62 b.
page lxiv note † Roll, Mar. 26.
page lxiv note ‡ Reg. Swinf. f. 64 b.
page lxiv note § Reg. Cant. f. 44, 58 b.
page lxiv note ‡ Id. f. 20 b, an irregular entry cancelled.
page lxv note * The haste with which this was done might have been in bar of some Papal provision, a subject that will be more fully explained hereafter.
page lxv note † Newcourt, Repertorium, I. 59, 97.
page lxv note ‡ Life and Gests, pp. 208, 209, 262. His obit was established by Swinfield, with consent of the dean and chapter of Hereford, on the morrow of St. Bartholomew the Apostle, the day of his death, and it was to be first kept in 1288. Reg. Swinf. f. 45 b. His festival was afterwards ordered by Papal bull to be observed Oct. 2. Reg. Orleton, f. 39 a. Raynaldus, Ann. Eccl. t. XV. 46, in an. 1320. Bullarium Roman. I. 223, ed. 1673.
page lxvi note * Life and Gests. p. 202. Reg. Swinf. f. 64 b. Mosheim, Eccl. Hist. III. 184, ed. 1825.
page lxvi note † The other executors were William de Montfort, some time precentor of Hereford and dean of St. Paul's, London, and Sir Walter de Rudmarleye. Reg. Cant. f. 65 b.
page lxvi note ‡ APP. NO. X.
page lxvi note § Godwin. Other authorities place his death in 1317, and on the 12th of March. It was in March 1316–17. The last entry in his Register, f. 208 a, is dated March 4, 1316, at Bosbury, where in all likelihood he died. The first entry in Orleton's Register bears date July 2, 1217. The obit of Swinfield was provided for by the dean and chapter in his life-time by an instrument dated in the chapter-house on St. Margaret's day, 1302. Four marks were to be annually distributed out of the proceeds of their church of Stanton Long (Roll, p. 77), three to the canons and one to the vicars on the anniversary of his decease. Much good feeling pervades the expression of this deed, in which they acknowledge the many benefits they had experienced at his hands. Apr. No. XVII.
page lxvi note ║ It is marked No. 13 in Britton's ground-plan of the church. Hist, and Antiq. of Hereford Cathedral.
page lxvii note * The expression in capella seems to be confined to the private episcopal chapel, and not to extend to the cathedral. APP. NO. XVIII.
page lxvii note † The endorsement ║17, contains evidence of his attention to the inn at St. Mary Montalt, and the oaks that he procured from Garganus in the Welsh country point to their application in repairs at Bishop's Castle. Id. ║34.
page lxvii note ‡ Ab antiquo. The earliest account that has been found of this arrangement is given in an Inspeximus of Stephen (de Shorne), dean of Hereford, and his chapter, reciting a deed of Ralph de Maydenstane declaratory of what had passed between him and Hugh Foliot, the preceding Bishop, and enjoining the usage, so far as in him lay, upon every future holder of the see.—APP. NO. XIX. A sum of money was paid over to each incoming prelate from the executors of his predecessor for seed to sow upon the manors in case the ground should not have been cropped at the time, otherwise the crop itself was to be taken. Besides this a certain number of heads of stock, with carriages and implements of husbandry, was transferred successively from the one to the other. A schedule was kept, and any deficiency was to be made good. This rule was observed by the king when he held the temporalities during any avoidance.—Prynne, Papall Usurp. III. 311. In p. 21 of the roll is a panel or list referable to this custom; and the following is a schedule of live stock passed on from Maydenstane to Aquablanca. ║ Memorandum de bobus receptis a Radulpho quondam Episcopo Herefordensi per manum domini Petri quondam Episcopi Herefordensis. Apud From’.vj. boves. It’ de Upton.x. boves.j. equum. Item de Exterior'.xij. boves. Item de Ledebury.xij. boves.j. equum. Item de Prestebury.xxx. boves.iij. equos. Hem de Scvenhampton.viij. boves. Item de Barton ju.ita Herefordiam.xvj. boves.v. equos. Item de Topesley.viij. boves.iiij. affros. Item de Sugwas.xij. boves.vj. affros. Item de Ros.vj. boves. Item de Why leburri'.vj. boves. Item de Bosebury.xij. boves.j. affrum. Item de Colewell.vj. boves.j. affrum. Item de Hompton.viij. boves.iiij. affros. Item de Ledebury North.xxx. boves.ij. affros. Reg. Swinf. f. 25 a.
page lxviii note * APP. NO. XX.
page lxviii note † He holds in his left hand a small model of a turreted edifice, and this is known to be designatory of a founder, one who has added to or restored an ecclesiastical fabric. But in what way it applies to this Bishop with reference to his church of Hereford is yet to be ascertained. This was a glorious era of church architecture, and apparently about the time of Swinfield, though the period is not exactly given, an attempt had been made to restore a part of the cathedral. The dean and chapter had taken the advice of experienced architects as to the safety of the old foundation, and upon their assurance had expended upwards of twenty thousand marks in building upon it. The ill-advised attempt proved a failure, and in Orleton's time the new work threatened to fall to the ground. It is not improbable that Swinfield had assisted them handsomely n i this ineffectual endeavour at restoration. See the “Statement of the condition and circumstances of the Cathedral of Hereford in the year 1841,” by the late Dean Mere-wether. 8vo. Hereford, 1842, p. 71, where a bull of Pope John XXII. is given stating these facts.
page lxix note * Reg. Peckham, f. 120, in Ant. à Wood, Gutch, I. 325, 328.
page lxix note † Wikes in Gale, II. 118, providis et discretis mediatoribus. Ant. à Wood, I. 326–7. Rot. Parl. 18, 19, Ed. I. No. 2, pp. 16, 22. The Oxford men always looked up to him with respect, and in subsequent difficulties condescended to solicit his pecuniary aid.
page lxix note ‡ Concil. Magn. Brit, et Hib. Wilkins, II. 220.
page lxx note * Dors. ║16, APP. NO. IV.
page lxxi note * The historian of the literature of Europe during the middle ages has justly observed, vol. i. pp. 63, 69, that a sudden change in letter-writing from Latin to French took place soon after 1270, a fact that is confirmed by several instances in these episcopal records.
page lxxi note † Several of the ensuing documents are translated for the convenience of the general reader. The originals, except the first, are in Latin.
page lxxi note ‡ ║Domino Petro Corbet pro sequestra apud Worthin violato. Reg. Swinf. f. 3 b.
page xxii note * Obscurely written in the original.
page xxii note † Ne par prise ne par echast. Org.
page xxii note ‡ ║Pro Willielmo Ingelraund clerico. Reg. Swinf. f. 52 b.
page lxxiii note * Litera Regi directa pro clerico de Lodelawe. Reg. Swinf. f. 125 b.
page lxxiii note † Reg. Swinf. f. 66 b.
page lxxiii note ‡ One of the constitutions of Peckham, published at Reading in Oct. 1279, ║ De crescentibus in sacris locis, forbids parishioners to intermeddle with even grass or roots in consecrated ground. The composer of it, whoever he might be, framed the prohibition as to trees with an eye to the picturesque, as well as the inviolability of sacred rights. Quœ quidem arbores, cœmeleria ipsa, et loca juxta ecclesias et capellas, ubi plantainœ fuerant, non modicum condecorant. This description of them is true with respect to Ross. Poets have seized upon it as a pictorial feature of the place. The Man of Ross, a great planter, has at least the traditionary credit of having renewed the elms upon that graceful spot. Besides the constitutions above mentioned, those of Stephen at Oxford, ║1, in 1222, of Othobon, ║Ad tutelam §ult. in 1267, and of Quivil at Exeter, c. XIV. a. 1282, had cast the shield of protection around them. Lyndwood. Wilkins, Cone. II. 140. A statute, or rather proclamation, 35 Ed. I. a. 1307, shews this to have been a repeated subject of dispute in parishes, and not only restricts the trees to the rectors, but rectors themselves to the right employment of them, whenever it should become necessary to cut them down. John Atho shews they might belong to vicars. Lyndwood, III. tit. 28, p. 267.
page lxxiv note * Reg. Swinf. f. 120 a. These halls were places in which solemn questions were adjusted. They resembled petty courts of judicature. The Bishop had a chair in which he sat on grave occasious. There sedens pro tribunali, as it is frequently expressed, in official state, he received the homage of tenants or the submission of offenders, pronounced sentence or absolution, and determined such cases as fell within his jurisdiction. Curious customs of legal import were sometimes observed in their halls. When John de Bestan, on his way from Rome, surrendered the archdeaconry of Salop to the Archbishop of Canterbury, about the feast of Saint Peter ad Vincula, in 1290, he came to him in his hall at Wrotham, and, in token of resignation, placed his cap in the hands of that prelate as he sat in his chair. Reg. Swinf. f. 62 b. Still more singular was the ceremony observed by Cantilupe, when in the Saint Asaph cause he challenged the judges who had been appointed by the Court of Rome to decide upon it; and from their suspected partiality appealed to the apostolic see, and the protection of that of Canterbury, or the principal judges. This he did in all due form in the presence of many witnesses, John de Kemeseye being one, on the day after the feast of Saint Gregory, 1278. First he read the appeal in Latin, and afterwards expounded it to them in French, and was careful to have it recorded that this was done in his hall at Bosbury before dinner. ║Provocatio. ║Timentes ne Archidiaconus de Karmardẏn et Prior de Wembrug', judices a sede apostolica delegati in causa appellalionis inter nos et episcopum Assavensem nimis faventes contra nos, non citatos legitime, non monitos, nee confessos, processum ullum faciant, aut aliquam censuram ecclesiaslicam in nos ferant; sedem aposlolicam, et tuitionem sedis Cantuariensis, aut judices principales, si commissarii corum attemptaverint, provocamus et appellamus in hiis scriptis. ║ Testes istius provocationis. ║Isli interfuerunt huic appellationi. Cancellarius Herefordensis. Thomas, vicarius de Bosebury. Hugo, capellanus de eadem. Ricardus de Bodeham, clericus. Robertas de Boneshull, clericus. Magister Rogerus de Sevenak', canonicus Herefordensis. Magister Lucas, Thesaurarius Herefordensis. Magister Robertus de Gloucestria. Magister Gilbertus de Heẏwode. Willielmus de Ffaukeburn', capellanus, Johannes de Kemeseẏe, clericus, et Bartholomœus de Suntyngg', clericus. ║Memorandum. ║Prœscriptam provocationem fecit dictus dominus Herefordensis apud Bosebury in aula sua ante prandium, et legit eam primo Latine, deinde Gallice eam exposuit coram prœdictis, die Martii proxima post festum beati Gregorii, anno domini M°.CC°.lxx°.viij°. Reg. Cantil. f. 56 a.
page lxxv note * Reg. Swinf. f. 147 a.
page lxxvi note * Reg. Swinf. f. 155 b.
page lxxvi note † Id. f. 50 b.
page lxxvii note * Dated at Bosbury on the day of St. Botolph, Abbat, 1286.
page lxxvii note † The Archbishop called upon Swinfield to correct him. He then summoned him to appear and answer to the charge, and on his confession inflicted what is styled “statutable punishment” upon him. July, 1310. Reg. Swinf. f. 169b.
page lxxvii note ‡ Dors. p. 146.
page lxxvii note § Id. p. 128. Apr. IV.
page lxxvii note ║ Dors. ║14, 15.
page lxxviii note * Reg. Swinf. f. 42 a, b.
page lxxviii note † Dors. ║38. APP. NO. XI.
page lxxviii note ‡ Dors. ║29, 53, 58.
page lxxix note * Reg. Swinf. f. 58 b. Godwin in St. Asaph. Concilia Mag. Brit, et Hib. II. The cause had lasted more than ten years, the first move in it having beeu made in 1277. Reg. Cantil. f. 40 a.
page lxxix note † Dors. ║39, c. 60 p.
page lxxix note ‡ The maintenance of the young Kingessuods at Oxford was no more than what was expected in those days from an ecclesiastic of his rank. But there was something in the method and measure of his patronage that was kind and encouraging when he sent s o often to make payment for them and learn of their welfare; and, instead of keeping them at a distance, allowed them to come to him at Earley, on his way to London, and had them awhile with him in their vacation at Whitborne and Colwall. Dors. ║7, et seq.
page lxxix note § Dors. ║31, et seq.
page lxxx note * W. de Wycumba notices this usage in the life of De Betun. He had been driven from his home by civil commotions, and on his return, redeunt ad januam ejus pauperes Christi. Wharton, Angl. Sacra, II. 314.
page lxxx note † Such was the practice when the king travelled. The royal household book of this year has entries that shew the exact sum at his almoner's disposal at such times to have been four shillings a-day. Domino Henrico elemusynario teyis, percipienti quolibet die quando rex itinerat.iiij. solidos sterlingorum, pro elemosina danda per viarn, &c. Lib. Hospit. 18 Ed. I. in Turr. Lond. Januarius. Maius. The section entitled Elemasyna in the roll of his 28th year presents a large sum, 1166l. 14s. 6d. It was distributed not only in weekly doles to the poor, but in offerings at shrines, and masses, and in presents to mendicant friars. The numbers of indigent persons statedly relieved were usually 636, and these were greatly increased, sometimes by thousands, on intervening saints' days. In the week commencing with Sunday, Dec. 27, there was an additional number of 3,300. la that beginning with April 23, 2,200. Lib. Quot. Contrarotul. Gard. 28 Ed. I. pp. 16, et seq.
page lxxx note ‡ Reg. Swinf. f. 3 a. ║Pro parochianis de Holmare.
page lxxxi note * Reg. Swinf. f. 34 b. ║Tutela vicurii de Ledebury.
page lxxxii note * Genesis, c. xxxix. v. 4.
page lxxxii note † Reg. Swinf. f. 178. ║Literœ concessæ Johanni de Kemeseẏe de non reddendo computum.
page lxxxii note ‡ In the original verisimile. According to the French adage le vrai n'est pas tonjours le vraisemblable, and in this view the expression verisimile might insinuate the reverse of a commendation, or even a compliment. But the use of the word in a positive sense is not singular, and it is intended to describe a band fide confidence in the individual to whom it is applied. See APP. XI. 2, p. 216, where it evidently signifies likely. A similar testimony from the King to the probity of Walter de la Haye, one of the ancient Hertfordshire stock of the De la Hayes, his escheator in Ireland, opens, however, in a far more cordial strain. Cum de piano scimns, &c. Rot. Pat. 18 Ed. I. in Turr. Lond.
page lxxxiii note * Reg. Cantil. f. 6 b.
page lxxxiv note * Reg. Cantil. ff. 26 b, 56 a, 64 b.
page lxxxiv note † Reg. Swinf. ff. 5ab, 29b, 120a, 136b, 141a, 161 b, 183a, 198a, 199b.
page lxxxv note * Butterfield MS. Survey, taken in 1577 and 1578, f. 71 a.
page lxxxv note † Reg. Swinf. f. 183 a. ║Carta data domino J. de Kemeseẏe de terra Barri.
page lxxxv note ‡ Reg. Cantil. f. 48 a.
page lxxxvi note * Reg. Cantil. in a. 1277. Ann. Wigorn. Angl. Sacra, I. 514 Reg. Swinf. f. 47 a. One Richard occurs as a messenger bringing news to the king of the death of Isolda de la Hide, Abbess of Hoges, near Dublin. Prynne, Pap. Usurp. III. 382.
page lxxxvi note † Bennett, Hist, of Tewkesb. 8vo. 1830, pp. 117, 118.
page lxxxvi note ‡ Hist, of Wore. II. 31, 32, 33.
page lxxxvi note § Dors. ║7, 8, 9. So late as Aug. 1313, Richard had a dispensation for absence till Christmas, vacare scolasticis disciplinis, et ecclesiœ suœ et suis negotiis. R. Swinf. f. 184 b.
page lxxxvii note * P. xlii.
page lxxxvii note † Almost the whole of the preceding July was windy and rainy according to the Worcester annalist. A VI. Non. Julii usque ad III. Cal. Auqusli pro majori parle tempus pluviosum extilit et ventoum. Ann. Eccl. Wigorn. Angl. Sacra, I. 510.
page lxxxvii note ‡ Wikes in Gale, II. 120.
page lxxxviii note * Oct. 20, Dec. 16, Feb. 22, 27, April 9, July 19.
page lxxxviii note † Oterhunte. ║ Quarto die Martis Johanni le Olerhunte pro putura canettorum suorum a 25 die Decembris, videlicet a natale Domini usque ultimum diem Februarii, utroque compulalo, per 66 dies, quolibet cane percipiente per diem obolum pro caristia bladi Londoniœ. Lib. Hosp. 18 Ed. I. in Turr. Lond.
page lxxxviii note ‡ Michaud, Hist, de Croisades, II. p. 448. In his Bull of Oct. 7, 1289, the Pope calls it dolorosam captionem et destructionem Tripolitanœ civilatis. Rymer, I. p. ii. 714.
page lxxxix note * Edward asked for six years in all: three to be paid previous to the passage, and three after it had taken place. Id. p. 705.
page lxxxix note † See ante, p. xxvi.
page lxxxix note ‡ See in Madox, Firma Burgi, pp. 157, 158, a curious case of two merchants of Northampton, who were robbed by a numerous gang of thieves in a wood in Glouces-tershire, 21 Edw. I. The delinquents continued their depredations, and half a year after were caught and beheaded at Norton, near Evesham. The merchants sued the hundred where the offence was committed, upon this statute in the. Court of King' s Bench, and recovered damages. One of the thieves was a Herefordshire man. John le Taillur de Ledbury.
page lxxxix note § In 1305 a murder was committed by unknown hands upon one Walter Swyft as he was passing through the Bishop's wood, called Brinkestye or Brinxstie, lying in the parishes of Bromyard and Whitborne, in the road through the said wood, qua non fuit elaryita secundurn formam staluti. An information was accordingly laid against the Bishop, but the road was proved to have been sufficiently wide, and the prosecution was dropped. Reg. Swinf. f. 148, a. b. Dors. ║38b. Butterfield MS. ff. 133, 134.
page xc note * Stat. of the Realm, pp. 96, 97, 15 Ed. I.
page xc note † Madox, Hist. Exch. c. 23, II. n. e.
page xc note ‡ Proof of the infliction of minor punishment, and of the disgrace attached to it, may be extracted from the following anecdote. Hugh, the son of John Herrof of Saint Ives, whose anxiety as to his personal appearance bespeaks him a gentleman, had the misfortune to lose part of his left ear by the bite of a horse. It was therefore considered necessary that he should be provided with a patent, certifying that his blemish arose purely from that accident and from no other cause. ║Pro Hugone filio Johannis Herrof de quadam parte auricula suœ amissa. ║Rex omnibus ballivis, &c. salutem. Quia ex testimonio fidedignorum pro certo intelleximus quod Hugo filius Johannis Herrof de Sancto Ivone quandam partem auriculæ ejus sinistrœ casualiler ex morsu cujusdem equi amisit, et non alia de causa: Nos veritali testimonium perhibere volentes, ne de ipso occasione morsus prœdicti sinistra suspicio habeatur, eidem Hugoni has litteras nostras inde fieri fecimus patentes. T. R. apud Westm. 10 die junii. Rot. Litt. Pat. 18 Ed. I. in Turri Lond. The taking out of this patent offers the natural inference that some were going about without ears.
page xci note * Foresters were in general an impudent and abandoned race. Those of Feckenham, i n Worcestershire, where the King had a palace or bunting seat, incurred his particular displeasure by their depredations. H e dealt summarily with them in the spring of 1289–90, when he progressed there, by committing them to prison. In the following autumn they insulted the prior of Worcester, near Herf'orton, as he was travelling along the road, robbed his servants of their bows and arrows, and sounded their horns on all sides against him. Ann. Wigorn. ut supra, I. 511. But the monk does not tell us what may be learned elsewhere, and was perhaps one cause of the. insult, that his own prior had been a trespasser in the said forest, and was fined for it. Rot. Litt. Pat. 18 Ed. I. n i Turri Lond. In cases of trespass by hunting or border hostility the foresters and others used to shout and blow their horns, to bring in the country to their aid. Hence the northern border-tenure of cornage. Blount, Tenures, ed. Beckwith. 4to. Lond. 1815, pp. 96, 447. Llywelyn' complains to the King that he was treated disrespectfully in this way by his servants while he was chasing a stag in Merionelh, in 7 Ed. I. Excellenti domino meo domino, Edwardo, Dei gratia, regi Angliœ et domino Hibemiœ et duci Normanniœ, devotus ejus vassalus L. princeps Walliœ, domimis Snaudon', salutem et paratam ad beneplacita voluntatem. Cum nos cum venatoribus et juvenculis nostris alias eramus apud Merrionyth in venando, quidam cervus effugit ante venatores et brachetos nostros per amnem de Dẏvi usque terras vestras de Genevẏglyun et ibidem fuit inventus per dictos venatores nostros, ministrales vestri de partibus illis et alii devenerunt ad eos, et statim cum clamoribus et cornibus banniverunt ad se fere omnes de patria, sicut acrius faciebant in guerra. Nostrum equidem cervum abduxerunt a nostris venatoribus, et eosdem male tractaverunt, quod quidem fuit inauditum prius. Unde regiam majestatem vestram exoramus et requirimus cum auectit, quatenus intuitu justitiœ ac nostri, si placet, amore, plenam amendam nobis in prœmissis fieri faciatis, et vobis vindictam, si placet, a dictis transgressoribus capiatis, ne de cetero audeant taliter nos pertractare. Datum apud Havot ẏ Llan, 13 die Augusti. Royal Letters in the Tower, No. 1328, 7 Ed. 1. The result is unknown: this occurred in happier days, when the King and Prince were upon the best terms. But, as there had been a sort of Chevy-chase scuffle, the communication might have been made to obviate any malicious report that the boundary had been crossed in a hostile manner, and the peace had been broken; whereas he had only been in pursuit of game on his own side of the Dovey, as he says, treating it lightly, “with huntsmen and lads of ours” (cam venatoribus et juvenculis nostris'), when the hart crossed the river before the hounds into the King's territory. Does not even the diminutive brachetos, little hounds, show his wish to soften down the affair?
page xcii note 1 Knighton places this in 1285, but Wikes and Trivet assign it to 1288. Macpherson, Ann. of Commerce, i. 443.
page xcii note † Lewes, fought May 14, 1264; Evesham, Aug. 4, 1265.
page xcii note ‡ Representations of some of these weapons may be seen in Duncumb. Collections, II. p. i. 315.
page xcii note § Dors. ║34, and Commentary.
page xcii note ║ Those of Saint Briavels, Ludlow, and Clun had witnessed sanguinary outrages during the episcopate of Swinfield, and some had been reconciled according to the established rites. Reg. Swinf. ff. 1 b. 125 b. 175 a. At Turnaston, in the Golden Vale, in 1298, an armed party, instigated by Hugh Devereux and Richard Dansey, took forcible possession of the church, the chapel of St. Leonard, and the houses of the incumbents; and the Bishop intreated the King to command the sheriff to remove them, that the ministers might exercise their sacred offices in peace. Id. f. 124 b.
page xciii note * The Earl of Gloucester seems to have been the aggressor. The cause was brought into Court on a special commission at Abergavenny. Among others the bailiffs of Grosmont, Skenfrith, and White Castle assisted at the inquest; and at the conclusion of the trial the Earls were sentenced to imprisonment and a fine of 1,000 marks apiece. The imprisonment appears to have been little more than matter of form. Rolls of Part. I. 70, et seq.
page xciii note † The doctrine of the day as to the marches was thus laid down daring the trial of the above mentioned important cause. Nullus in hac parte potest habere marchiam domini regis, qui pro communi utilitaie per prcerogalivam suam in mullis easibus est supra leges et consueludines in regno suo usitalas. Riley, Flacita Farliamentaria, p. 77.
page xciv note * Rolls of Parl. 18 Ed. I., I. 45. Riley, pp. 63, 64. Yet, after all, it was in better taste than those disgusting gibbetings that were exhibited authoritatively on the restoration of Charles II.
page xciv note † Rymer, I. p. ii. 714.
page xcv note 1 Roll, pp. 39 et seq. Dors. ║39.
page xcv note † Palgrave, Parl. Writs, I. 14. Chron. Abstract.
page xcv note ‡ Nothing gives a better insight into the sentiments and manners of a period than the reports of judicial proceedings and the examinations of witnesses. There is room o t believe that the records of the commission for this inquiry, the petitions and depositions, as well as inventories of these unrighteous gains, must have been of a very curious description. If they have not been deliberately cancelled out of respeci for the dignity of that office which it is so much the interest of all to revere and uphold; or if time and neglect have not placed them beyond reach of the antiquary, whenever their hiding-place may be explored, a mine of information will probably be opened, which will confirm the necessity of the measure then adopted to remove a most enormous oppression, as well as help us to understand the true condition of the time. We are recently indebted to a correspondent in the Gentleman's Magazine, March and Dec. 1852, for some interesting information on this subject, and he has promised more. Affairs must have been in a strange state on both sides when a judge could have the effrontery to tell a poor suitor, as Ralph de Hengham did, that “he would not stir out of his house at Westminster for a carucate of land.”
page xcv note § So Carte, II. p. 206. Wikes only mentions them as elected to fill the places of the offenders. Gale, II. 121.
page xcv note ║ Since the passage in Dors. p. 182 was written, the editor has seen reason to abandon the hope that Sir Giles de Berkeley there mentioned might have been among the very few judges “faithful found among the faithless.” For this conviction he is indebted to the learned author of “The Lives of the Judges,” and thanks Mr. Foss for having shewn him, satisfactorily, that Sir Giles could only have been a man of some eminence in the country employed on a special commission with a regular justiciary ia a matter of private reference not to be heard in Court; and that he was not a justiciary in the ordinary sense. This incident in our national history is a glaring exposure of the dangerous practice of giving and receiving presents, then in use between suitors and judges, and others officially connected with courts of judicature, which, in spite of the check thus given to it, was afterwards revived. Edward prince of Wales resorted to private applications for bespeaking favour, if he did not actually tender bribes. See his letters in vol. II. of Sussex Archseolog. Collections. Mr. Gunner, in his Extracts from the Bursars' Accounts of Winchester College, produces instances in the fourteenth and fifteenth centuries of an admiral of England, King's justices, and an Archbishop of Canterbury, accepting gifts to secure good offices; and he charitably hints that, when this wus in vogue, it probably “did not much interfere with the course of justice.” Archseolog. Journal, VIII. 82, 83. The hope that it may have been so is, however, not only balanced by the fear, but outweighed by the fact, of its having too often been otherwise. At any time the custom involved a snare. The laxity of moral tone on this head during the century in question infected the church at its topmost source, and persons of the highest rank and reputation adopted this mode of putting forward their suits in appeals to Rome, where the Cardinals and the Pope himself were notoriously accessible by money or the valuable equivalent of a horse or a jewel. The Pope, in the early part of the century, by his nuncio at Westminster, had unblushingly owned the scandal, but justified the custom of thus receiving presents by the poverty of the see; and proposed by way of bargain to discontinue it with respect to England, provided a certain amount of church patronage were put into his hands. Collier, Eccl, Hist, in a. 1226. Archbishop Peckham stooped to this practice of gratuities. Writing to his agents about a remittance for certain purposes, he uses very unmistakeable language. Mittimus autem.ccc. marcas pro communi servitio domini papæ et cardinalium. Mittimus etiam.cc. marcas communicato consilio fratris Maithœi et magintri Johannis de Pontisar per vos taliter dividendas, ut videlicet astignareniur domino Benedicto.xxx. marcœ, daminis Matthœo Albanensi, J. de Sabello, Jordano Cardinali, cuilibel.xx. marcœ sub palefridi nomine veljocalium. Wilkins, Cone. Mag. Brit. et Hib. II. 78. But a private communication of Bishop Cantilupe to his proctors on a like occasion is still more explicit, and betrays a struggle between his sense of the supposed necessity of the act, a qualm about it, and a sort of feeling of honour as o t the method of proceeding in it. It will be recollected that this eminent person had been sometime, though but for a little while, Chancellor of England; and is said to have been himself incapable of receiving, though here he is seen tendering what was all but, a bribe. When he made this offer, in the year 1281, he had several appeals pending in the Roman Court, and in one of these suits was cast in damages, after his decease, to a ruinous amount. The letter, of which the following is an extract, was strictly private and confidential, not intrusted to the pen of a secretary, as it seems, to make a duplicate, but written with his own hand; and yet by a strange simplicity it is entered among his records. The delicate term visito, which he employs, was used in the sense of making a present, (as in Ann. Eccl. Wigorn. Angl. Sacra, I. 476, visitavit conventum de pitantia,) and was of course well understood when applied to such negociations. The secresy and caution of the letter is remarkable. He alludes in the outset to a despatch that had already been sent, in which more liberal presents had been proposed. These, however, are now withdrawn, and an economical scheme is substituted. It shows very plainly that without fees of this kind all business would have been at a stand. ║Memorandumsa ║Et memorandum quod ipsa vice dominus propria manu sua scripsit magistris W. Brun et Johanni de Buterleẏe quœedam secreta quorum non habebantur transcripta. ║Procuratoribus in curia Romana morantibus.b ║Magistris W. Brun et Johanni de Buterleẏe salutem. Licet inter nos sermo exsliterit aliquis, et postmodum super eodem fuerit subsecuta relatio litteralis, scilicet de visitando omnes et singulos Cardinales; postmodum tamen deliberato consilio perpendimus quod hoc gravamina debitorum et episcopatus exilitas non permittunt: verum quia intelleximus imo scimus quod negotia in curia minime promoventur, nisi in generali vel speciali fuerint visitata; propterea ad nostra negotia expedienda per literas mercatorum Pistoriensium vobis mittimus centum libras sterlingorum, in sterlingis vel grossis denariis recipiendas. Cujus pecuniœ summa, etsi modica videatur, prodesse tamen poterit cautius distributa, quod judicio quorundam fieri poterit in hunc modum: videlicet, quod dominus Hugo, Anglicus Cardinalis, habeat.xxx. marcas; dominus Gerardus, Cardinalis, auditor noster.x. libras, et sua familia.v. marcas; dominus Matthœus Ruffus, Cardinalis.x. marcas; dominus Jord(anes ?) Cardinalis.x. marcas; Vicecancellarius.x. libras; Auditor contradictorum.x. marcas; B. de Napoli, el alius Notarius magis excellens et domino papa magis specialis.xx. marcas pro equali portione; Cubicularius domini papæ.x. marcasi Hostiarius domini papæ.x.s. slerlingorum. Aliis videiur quod a summa Vicecancellario deputala possunt detrahi.v. marcæ, ita quod habeat.x. marcas tantum. A duobus Notariis et Cubiculario papæ possunt subtrahi.vij. marcæ et dimidium. Ita quod quilibet istorum habeat tantum.c. Et ita remanebunt de.c. libris.xxxiiij. marcœ et dimidium. Aliis videtur quod bonum esset respicere qu c,.. cut est familiaris Archiepiscopus,d a quo appellatur, in.xl. vel.l. marcis, tot prius subtrahendo quot essent to... summæ pecuniœ recepluri. Nobis siquidem videiur, quod media via est magis proficua et honesta, dum tamen si necessitas urgeat, papa in aliquo respiciatur quod sibi placeat, a quo omnis gratia dinoscilur dependere. Hoc tamen quod de papa... nobis non est cordi, nisi in defectum illiusfacti causa nostra contra Assavensema et alia nostra negotia in periculo existerent mani (festo)... Quo(circa?)cautum bene vellemus, quod prœfato domino.xl. vel.l. marcas vel marcatas in jocalibus presentelis. Other directions are added in the same strain, concerning a different distribution to some of the cardinals, intermixed with able instructions for the government of his agents in managing the suits: but the passages quoted are ample evidence of the corrupt practices prevalent in the then highest court of ecclesiastical appeal in Christendom, and the debased moral tone that they engendered. A singular contrast arises out of the following resolution breaking forth among these passages, and worthy of a better association. Nolumus subterfugia quærere turpia et suspecta, quibus po (ssimus ani)mum judicis commovere, vel talia quœ erga eundem redderent nos suspectos. Reg. Cantil. f. 68 a.
Robert of Gloucester (q. the historian?), the official of Bishop Swinfield, in his management of a controversy between that prelate and the monks of Leominster and Reading, took a higher stand. In his report he expresses a conviction that they would be glad to make it up by bribes, which he has rejected. Libenter tamen dicti monachi facerent vobiscum pacem, dando vobis pecuniam, sed hoc non est ad honorem vestrum, quia dictum negotium coram regni majoribus extitit jam tractatum; mihi enim pro benevolentia mea habenda offerri fecerunt per Absolonem subvicecomitem Herefordensem in nundinis Leoministriœ decem marcas ad unum palefridum, quas admittere recusavi. Reg. Swinf. f. 13 a.
a Marginal.
b Marginal.
c The dots express the decayed places at the edge of the parchment.
d Archbishop Peckham.
page xcviii note * The monkish annalist of Worcester, describing the parliament at Woodstock, gives a spirited sketch from the life of his ready dispatch of business, and the effective manner in which his presence was felt, and his power exercised, both among the clergy and laity. See Ann. Wigorn. ut supra, I. 511.
page xcviii note † Dors. ║32, p. 149.
a Aniaims, Bishop of Saint Asaph.
page xcix note * Id. ║39, c. p. 164. The Bishop was on his visitation during the whole of May, when they were on this bridal excursion. They afterwards retired for awhile to Tun-bridge. Green, Lives of the Princesses, II. 331.
page xcix note † 19 June, 2 Hen. III. Anglia Judaiea. Tovey. 4°. Oxford, 1738. pp. 77, 78.
page xcix note ‡ Eis firmam pacem nostrum dedimus, non obstante aliqua prohibitione inde facta ab Episcopo Herefordensi, quia nihil ad eum pertinet de Judœis nostris. Id. But the late Mr. T. Hudson Turner, in an able article on this subject in the Athenaeum, Aug. 11, 1849, judiciously observes, that, according to the ancient law of England, the Jews and their possessions had always been at the absolute disposal of the sovereign. In expelling them he only exercised his recognised prerogative; for “it is undeniably trus,” he concludes, “however unpalatable the fact may be, that their legal estate, down to the period of their banishment by Edward I. was simply that of absolute slaves of the crown.”
page c note * All of them throughout the kingdom were seized on the same day add hour, NOT. 18, 1278, and thrown into prison. Part of them were hanged, with many Christians, their accomplices, in the year following. Annal. Wigorn. Angl. Sacra, I. 503. A curious Hebrew inscription was found in an old vault at Winchester, recording, that all the Jews in this nation were imprisoned in the year 5047, which answers to 1287 of the Christian era. Tovey, p. 150.
page c note † Reg. Swinf. ff. 35 b, 36 a.
page c note ‡ Swinfield's documents are dated in September; the bull of Honorius in November; and it seems to have been occasioned by what had occurred at Hereford. It is in Ray-naldus in a. 1286, No. 25, and in Rymer.
page ci note * Rymer, I. pt. 2, p. 736, dated July 27, 1290.
page ci note † Matthew of Westminster, Flores Hist, in anno, gives the computed number with some minuteness at 16, 511.
page ci note ‡ The opinion of Sir Edward Coke that they were self-banished, because they were no longer allowed to lend upon usury, seems opposed to historical evidence, probability, and the character of the people, who were for the most part rich, and had settled themselves comfortably in the country. This is a point that wants to be cleared. Neither Madox nor Tovey give any satisfactory insight into it. Collier, B. 5, in anno.
page ci note § All those of London took shipping on the morrow after St. Denys' day, Oct. 10. Red Book of the Exchequer. Tovey, 232.
page cii note * Duncumb, Collections, I. 293.
page cii note † Thus the tolls of a fair held at Caen in Normandy, for several days before and after Trinity Sunday, belonged to the lady abbess, who sent her own officers to collect them; and during that time th e military governor of the place was under her command. Green, Lives of the Princesses of England. I. 11.
page cii note ‡ They began in 1285 to dispute his right to arrest and imprison offenders, and were forced to submit. Reg. Swinf. ff. 28 b, 29 a. The last attempt at encroachment in Swinfield's time occurred in 1316, f. 199 b.
page cii note § Dors. ║58.
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