[320] The Red Book of the Exchequer, Ed. Hubert Hall, F.S.A., of the Public Record Office (Master of the Rolls Series), pp. cclxvii.-cclxxxiv.

[321] This phrase and the “sine judicio,” which the Articles employ as its opposite, should be compared with the formula for the Assize of Novel Disseisin.

[322] Rot. Pip. 14 Hen. II. p. 124 (“Honor Willelmi filii Alani”).

[323] See ‘Liber Rubeus,’ p. 272.

[324] Swereford’s ‘dictum’ is wrong, of course, here as elsewhere (see my ‘Studies on the Red Book’).

[325] See, for example, pp. 75–7, 77–8.

[326] Or rather 1172 (Rot. Pip., 18 Hen. II.), “1171” being Mr. Hall’s date.

[327] Roland de Dinan, Ralf de Toeni, Goscelin the queen’s brother (Rot. 18 Hen. II., p. 132).

[328] Rot. 14 Hen. II., p. 194.

[329] Rot. 6 Ric. I. (according to Dugdale).

[330] Liber Rubeus, pp. 113, 147.

[331] Rot. 21 Hen. II., p. 82.

[332] History of Shropshire, ii. 201.

[333] Feudal England, p. 245; Geoffrey de Mandeville, p. 322.

[334] Rot. 14 Hen. II., p. 29.

[335] i.e. 1172.

[336] Rot. 18 Hen. II., p. 30.

[337] Genealogist (N. S.), vol. i.

[338] See my ‘Studies on the Red Book of the Exchequer’ (1898), printed for private circulation, passim.

[339] This paper, written a few years ago, is a sketch based on (1) The Song of Dermot and the Earl. Edited by G. A. Orpen. Oxford, 1892. (2) Giraldi Cambrensis Opera, vol. v. Edited by J. F. Dimock. London, 1867. (3) The Book of Howth. Edited by J. S. Brewer, 1871.

[340] English Historical Review, vol. iv.

[341] See the paper below on ‘The Marshalship of England.’

[342] English Historical Review, viii. 132.

[343] See my ‘Early Life of Anne Boleyn.’

[344] Romania, xxi. 444–451.

[345] See ‘Feudal England,’ pp. 516–518.

[346] Morant’s Essex, i. 331 note. Morant gives no reference for this early and interesting charter, but I have lately been fortunate enough to find it in Lansd. MS. fo. 170, where it is transcribed among some local records from “Placita corone, 13 Edw. I.” It must, therefore, have been produced in 1284–5.

[347] Son of the earl of Arundel.

[348] MS. Hargrave 313, fo. 44 d (pencil).

[349] Selden Society publications, iv. 17.

[350] See also ‘Feudal England.’ Mr. Oman, of course, questions my theory; but scholars, I understand, accept it (see pp. 56–7 above).

[351] See also my paper on “The Barons of the Naas” in ‘Genealogist.’

[352] 14th March, 1895.

[353] Book of Howth (Carew Papers), p. 23. It would be of great interest to the genealogical student to connect these Fitz Urses of Ulster with the English family of the name, one of whom, Reginald, was among the murderers of Becket (cf. ‘Geoffrey de Mandeville,’ p. 53). Proof may be found, I think, among the charters of Stoke Curcy Priory, Somerset, now at Eton (9th Report Hist. MSS., i. p. 353). The Fitz Urses and De Curcis are found together among the Priory’s benefactors, and William de Curci is the first witness to a charter of Reginald Fitz Urse. We further find (Ibid.) a charter of William de Curci, to which “John de Curci, Jordan de Curci” are witnessed. As the conqueror of Ulster had a brother Jordan who was slain by the Irish, it is probable that he may be found in this John de Curci, and his provenance thus established. It is probable, therefore, that he was followed by Fitz Urse to Ulster from Somerset, and possibly even by Russell (Ibid. pp. 354 a, b).

[354] This was written some years ago.

[355] By the 22nd article of the Irish peace of January, 1648, the natives were promised the repeal of two statutes, one against “the ploughing with horses by the tail,” and the other prohibiting “the burning of oats in the straw.”

[356] As this paper goes to press, the news arrives (3rd April, 1899) of Mr. Davitt being stoned by his fellow-patriots at Swinford.

[357] Irish Ecclesiastical Record.

[358] See ‘Times,’ 8th Feb., 1886, p. 8.

[359] It has been so long spoken of as a “Bull” that one hardly knows how to describe it. So long, however, as it is realized that it was only a letter commendatory, no mistake can arise.

[360] Rolls Series, Edition v., 318.

[361] Ed. Hearne (1774), i. 42–48.

[362] Dublin Review, 3rd Ser., vol. 10, pp. 83–4.

[363] Ireland and St. Patrick, pp. 66, 68.

[364] Dublin Review, ut supra, pp. 93, 95.

[365] Ireland and St. Patrick (2nd Ed., 1892), pp. 65–147.

[366] Ibid. pp. 65, 85.

[367] Ibid. p. 143.

[368] Dublin Review, ut supra, p. 101.

[369] Ireland and St. Patrick, p. 128.

[370] Ibid. p. 121.

[371] Ireland and St. Patrick, pp. 128–9.

[372] The latest German papers appear to be those of Scheffer-Boichort in ‘Mitteilungen des Instituts für Österreich-Geschichtsforschung,’ Erganzungsband iv. (1892); and of Pflugk-Harttung in ‘Deutsche Zeitschrift für Geschichtswissenschaft,’ x. (1894).

[373] E. H. R., viii. pp. 18–52.

[374] Ibid. p. 42.

[375] “The majority of historians,” Miss Norgate writes (E. H. R., viii. 18), “have assumed that these two statements are two genuine and independent accounts of one real transaction.” On this I pronounce, for the present, no opinion; but I have printed the parallel passages above, that readers may form their own opinion as to the points of resemblance.

[376] It has, of course, been asserted to be an interpolation. But, provisionally, I speak of it as his.

[377] Compare ‘England under the Angevin Kings,’ ii. 96 note, with E. H. R., viii. 20. Miss Norgate might have learnt the fact from Cardinal Moran’s paper, which was published 15 years before her work appeared.

[378] Vol. v. pp. 246–7.

[379] Ibid. pp. 318–9.

[380] Another quotation from Ovid occurs in the middle of this short document.

[381] E. H. R., viii. 42.

[382] Ibid. p. 48.

[383] Ibid. p. 50.

[384] E. H. R., viii. 44.

[385] Ibid. p. 31.

[386] Dublin Review, ut supra, p. 90. So too on p. 96: “Giraldus Cambrensis asserted that both these Bulls were produced in a synod of Irish clergy at Waterford in A.D. 1175.” Cardinal Moran also argued from this date.

[387] Ireland and St. Patrick, p. 131. He speaks, however, doubtless by oversight, of “the confirmatory letter of Alexander III. himself in 1177” (p. 141), though it belongs to the same date.

[388] This is the erroneous form adopted by Professor Tout.

[389] Dictionary of National Biography, xix. 104.

[390] The words “per breve Ricardi de Luci” imply the king’s absence from England, so that if William was despatched to Ireland in 1171, it must have been before the king’s return on August 3. The charge would, therefore, have appeared on the (Michaelmas) Pipe Roll.

[391] England under the Angevin Kings, ii. 115.

[392] Vol. v., p. lxxxiii.

[393] Close of 1171, or beginning of 1172.

[394] England under the Angevin Kings, ii. 116.

[395] “Hibernico populo tam dominandi quam ipsum in fidei rudimentis incultissimum ecclesiasticis normis et disciplinis juxta Anglicanæ ecclesiæ mores informandi” (v. 315).

[396] “It is quite certain that the Pope did, some time before September 20, 1172, receive reports of Henry’s proceedings in Ireland, both from Henry himself and from the Irish bishops, for he says so in three letters—one addressed to Henry, another to the kings and bishops of Ireland, and the third to the legate Christian bishop of Lismore—all dated Tusculum, September 20.”

[397] E. H. R., viii. 44.

[398] Ibid. p. 50.

[399] The letter to Henry similarly speaks of “enormitates et vicia” described in the prelates’ letters, and of “abominationis spurcitiam.”

[400] “Suis nobis literis intimarunt, et dilectus filius noster R. Landavensis archidiaconus, vir prudens et discretus, et Regiæ magnitudini vinculo præcipue devotionis astrictus, qui hoc oculata fide perspexit viva nobis voce tam solicite quam prudenter exposuit” ... “eisdem Archiepiscopis et Episcopis significantibus, et præfato Archidiacono plenius et expressius nobis referente, comperimus.”

[401] Gesta, i. 28; and Hoveden, ii. 31.

[402] Becket materials (Rolls, vii. 227, 233).

[403] The language must have been deliberately chosen, for the bishop’s letters and the Pope’s action are described in the same words:

[404] “Et quia Romana ecclesia ... aliud jus habet in Insula quam in terra magna et continua, nos ... magnificentiam tuam rogamus et solicite commonemus ut in præscripta terra jura beati Petri nobis studeas sollicite conservare,” etc., etc.

[405] E. H. R., viii. 45.

[406] Ibid. p. 50.

[407] In the text of ‘De principis instructione,’ as is pretty generally known, the words “sicut a quibusdam asseritur aut confingitur, ab aliis autem unquam impetratum fuisse negatur,” precede this letter. They look, Mr. Dimock thought, like a marginal note which has found its way into the text. I confess that to me also that is what they suggest.

[408] According to Giraldus, the sole authority for its existence.

[409] The two letters hang together absolutely, it will be seen, in every way.

[410] Dublin Review, ut supra, p. 90.

[411] E. H. R., viii. 48.

[412] E. H. R., viii. 23.

[413] Dublin Review, ut supra, pp. 97–103.

[414] Ibid., 3rd Series, vol. xi., pp. 328–339.

[415] E. H. R., viii. 34.

[416] Vide supra, p. 184.

[417] Gesta, i. 28.

[418] Irish Ecclesiastical Record, p. 61.

[419] Monumenta, p. 151.

[420] Rinuccini’s Embassy in Ireland (Hutton), pp. xxviii.-xxix. For the essential passage the Italian runs: “stimando molto a proposito il soggettare a se l’Isola d’Irlanda, ricorse ad Adriano, e da quel pontefice, che Inglese era, ottene con mano liberale quanto bramava. Le zelo che Arrigo dimostrò di voler convertire alla Fede tutta l’Irlanda, piegò l’animo di Adriano a concedergli il dominio di essa” (Aiazzi’s Nunziatura, p. xxxvi.).

[421] Const. Hist., i. 496.

[422] Norgate’s ‘England under the Angevin Kings,’ ii. 276.

[423] Gesta [Ed. Stubbs], ii. 80–83.

[424] Ed. Stubbs, iii. 9–12.

[425] Hoveden, iii. xiv. (1870).

[426] Ibid. iii. 9 note.

[427] Chron. Maj., ii. 348 note.

[428] Hist. Ang., iii. 209 note.

[429] Historia Anglorum, iii. 209.

[430] Chronica Majora, iii. 338 marginal note.

[431] Liber Rubeus, p. 759.

[432] See my paper, below, on “the Marshalship of England.”

[433] Red Book of the Exchequer, p. xviii. Compare my ‘Studies on the Red Book of the Exchequer,’ p. 49.

[434] Rolls Series, ii. 339 note.

[435] Ibid. ‘Chronicles of the Reigns of Stephen,’ etc., iii. 408 note.

[436] Dictionary of National Biography.

[437] Ibid.

[438] Register of St. Osmund, i. 262; and Epistolæ Cantuarienses, p. 327.

[439] The date given by Dr. Stubbs.

[440] This from Hoveden.

[441] So great, indeed, is the difficulty of forcing them into accordance with Dr. Stubbs’ view, that he himself makes them all four refer to a single surrender of Nottingham and Tickhill (Preface to Rog. Hov. III. lvii., lviii.; cf. p. lxiii.), and assigns the Mortimer incident to the earlier campaign, though it is described by Richard of Devizes, who ex hypothesi is narrating the later one.

[442] Gesta Regis Ricardi, ii. 208 note.

[443] Ed. Howlett, p. 337.

[444] It is a further illustration of the difficulty which even those who accept Dr. Stubbs’ view find in adhering to it, that Miss Norgate pronounces it “chronologically impossible” that the archbishop of Rouen can have been sent to John by Longchamp, as stated by Richard of Devizes (‘Angevin Kings,’ ii. 299 note). She must have forgotten that Richard of Devizes ex hypothesi is describing “events in the summer or autumn” (Rog. Hov., iii. 134); and that she accepts April 27 as the date of the archbishop’s arrival (ii. 298).

[445] “Legationis suæ officium per mortem Romani pontificis exspirasse.”

[446] This suggestion is strongly supported by the fact, which has been overlooked, that the bishop of Worcester was consecrated by Longchamp “adhuc legato” on May 5 (Ric. Devizes, p. 403); that the chancellor still styled himself legate on May 13 (‘Ancient Charters,’ p. 96); and that he even used this style on July 8 at Lincoln (vide infra). This implies, as I pointed out so far back as 1888 in my ‘Ancient Charters’ (Pipe Roll Society), that he continued to use the style after Clement’s death and before he could have known whether Cœlestine would renew it to him or not. Indeed, if we may trust the version of Giraldus, he was using it even so late as July 30 (iv. 389). It is notable that in a communication dated “Teste meipso apud Releiam xxv die Augusti,” he no longer employs it.

[447] England under the Angevin Kings, ii. 299.

[448] 9th Report Historical MSS., i. 35 b (where the document is dated “1190–1196”).

[449] 35th Report of Deputy Keeper, p. 2.

[450] This cannot be made public till my Calendar of Charters preserved in France is issued. In it this evidence will be found in Document 61 (p. 17).

[451] The dating clause at its end is a blunder admitted on all sides.

[452] Preface to Rog. Hov., III. p. lxiv. This is, according to me, the imaginary conference.

[453] Rog. Hov., iii. 135 note. So also ‘Gesta,’ ii. p. 208: “in which John was recognised as the heir of England.”

[454] Pref. to Rog. Hov., III. lix.

[455] Ibid. p. lxiv.

[456] Gesta, ii. 207–8; Will. Newb., ii. 339.

[457] Roger Hov., iii. 135 note.

[458] Compare my ‘Geoffrey de Mandeville,’ pp. 176, 183, with Hoveden’s text.

[459] “Resaisina vicecomitatus Lincolnie fiet Girardo de Camvilla: et eadem die dies ei conveniens præfigetur standi in curia domini regis ad judicium. Quod si contra eum monstrari poterit quod judicio curiæ domini regis vicecomitatum vel castellum Lincolnie perdere debuerit, perdat; sin minus retineat; nisi interim alio modo pax inde fieri poterit.”

[460] “Girardo de Camvilla in gratiam cancellarii recepto, remansit illi in bono et pace custodia castri de Lincolnia.”

[461] Compare Rog. Hov., III. lxiv., ut supra, and the ‘Histoire de Guillaume le Maréchal,’ ll. 11,888–11,882:

[462] Compare my article on “Historical Research” in ‘Nineteenth Century,’ December, 1898.

[463] Archæological Journal, L. 247–263.

[464] Const. Hist., iii. 568.

[465] Mr. Loftie writes, in his ‘London,’ that “in the reign of Henry I. we find the guild in full possession of the governing rights which are elsewhere attributed to a guild merchant” (p. 30). See also p. 103 above.

In the same series, Dean Kitchin applies this assumption to Winchester, and observes of the “Knights,” who possessed a ‘hall’ there under Henry I., that “if we may argue from the parallel of the London Knights’ Guild, the body had the charge of the city, and was in fact the original civic corporation of Winchester,” (‘Historic Towns: Winchester,’ p. 74).

[466] See ‘Geoffrey de Mandeville.’

[467] “Nunc primum in sibi indulta conjuratione regno regem deesse cognovit Londonia, quam nec rex ipse Ricardus, nec prædecessor et p. ter ejus Henricus pro mille millibus marcarum argenti fieri permisisset” (Richard of Devizes, p. 416).

[468] “Facta conjuratione adversus eam quam cum honore susceperunt cum dedecore apprehendere statuerunt” (See ‘Geoffrey de Mandeville,’ p. 115).

[469] See note above.

[470] Const. Hist., i. 407.

[471] “Facta conspiratione quam communionem vocabant sese omnes pariter sacramentis adstringunt et ... ejusdem regionis proceres, quamvis invitos, sacramentis suae conspirationis obligari compellunt.”

[472] See my paper in ‘Academy’ of 12th November, 1887.

[473] Transactions of the London and Middlesex Arch. Soc., v. 286.

[474] Ibid. p. 286–7.

[475] Mr. Loftie’s argument (‘London,’ p. 53) that Glanville’s words prove that London, if not other towns as well, had already a ‘Commune’ under Henry II. is disposed of by Dr. Gross (‘The Gild Merchant,’ i. 102).

[476] £125 and £5 10s. respectively for a quarter in 19 Hen. II. p. 183, and £375 and £16 10s. respectively for three-quarters in 20 Hen. II. (p 7).

[477] ‘Geoffrey de Mandeville,’ p. 297.

[478] 20 Hen. II., p. 9. The official list (Deputy Keeper’s 31st Report) omits to mention that they answered “ut custodes” for this quarter.

[479] ‘Geoffrey de Mandeville,’ pp. 297–8.