Edmund, and cast them into the body of the gaol there.

Now, the archbishop complaining of this, Ranulf de Glanville, the justiciary, commanded that those men be put by gage and pledges to stand their trial in that court wherein they ought to stand trial; and the abbot was summoned to come before the King's court to answer touching the violence and injury which he was said to have done to the archbishop. The abbot thereupon offered himself several times without any essoin.

At length, upon Ash Wednesday, they stood before the King in the chapter house of Canterbury, and the charters of the King on one side and the other were read in court. And our lord the King said: "These charters are of the same age, and emanate from the same King, Edward.

I know not what I can say, unless it be that these charters contradict each other." To whom the abbot said: "Whatever observations may apply to the charters, we are seised, and hitherto have been; and of this I am willing to put myself upon the verdict of the two counties of Norfolk and Suffolk, if they do allow this to be the case."

But Archbishop Baldwin, having first conferred with his advisers, said that the men of Norfolk and Suffolk greatly loved St. Edmund, and that great part of those counties was under the control of the abbot, and therefore he was unwilling to stand by their decision. The King at this waxed wroth, and in indignation got up, and in departing said, "He that is able to receive it, let him receive it." And so the matter was put off, and the case is yet undecided.

However, I observed that some of the men of the monks of Canterbury were wounded even to death by the country folk of the town of Milden, which is situate in the hundred of St. Edmund; and because they knew that the prosecutor ought to make suit to the jurisdiction wherein the culprit is, they chose to be silent and to put up with it, rather than make complaint thereupon to the abbot or his bailiffs, because in no wise would they come into the court of St. Edmund to plead there.

After this the men of Eleigh set up a certain cucking-stool, whereat justice was to be done in respect of deceits in the measuring of bread or corn; whereof the abbot complained to the Lord Bishop of Ely, then justiciary and chancellor. But he was anything but desirous to hear the abbot, because it was said that he was smelling after the archbishopric, which at that time was vacant. Some time afterwards, when he had come on a visitation, being entertained as legate, before he departed he made a speech at the shrine of the holy martyr. The abbot, seizing the opportunity, said to all present, "My lord bishop, the liberty which the monks of Canterbury claim for themselves is the right of St. Edmund, whose body is here present; and because you do not choose to render me a.s.sistance to protect the privileges of his church, I place that plaint between him and you. Let him from henceforth get justice done to himself." The chancellor deigned not to answer a single word; but within a year from that time was driven from England, and experienced divine vengeance.

Now when the same chancellor, on his return from Germany, had arrived at Ipswich, and rested the night at Hitcham, news was brought that he wished to take St. Edmund in his way, and would hear ma.s.s with us on the morrow. The abbot, therefore, gave strict injunctions that the offices of the church should not be celebrated so long as the chancellor was present in the church; for he said he had heard at London that the Bishop of London had p.r.o.nounced in the presence of six bishops that the Chancellor was excommunicate, and had left England excommunicate, particularly for the violence he committed upon the Archbishop of York at Dover.

Therefore when the chancellor came to us on the morrow, he found no one, neither clerk nor monk, who would sing a ma.s.s. Indeed, not only the priest standing at the first ma.s.s, and beginning the canon of the ma.s.s, but the other priests standing before the altars, ceased, remaining with unmoved lips until a messenger came, saying that he had departed from the church. The chancellor put up with it at the time, but did many injuries to the abbot, until at length, by the intervention of friends, both parties returned to the kiss of peace.

When King Henry had taken the Cross, and had come to us within a month afterwards to pay his devotions, the abbot privily made for himself a cross of linen cloth, and holding in one hand the cross and a needle and thread, he requested licence from the King to take upon himself the cross. But this privilege was denied him, upon the suggestion of John, Bishop of Norwich, who said that it was not expedient for the country, or indeed safe for the counties of Norfolk and Suffolk, that the Bishop of Norwich and the Abbot of St. Edmund should be both away at the same time.

When the news came to London of the capture of King Richard and his imprisonment in Germany, and the barons met to take counsel thereupon, the abbot started up before them all, saying that he was quite ready to seek his lord the King, either in disguise or any other way, until he had discovered where he was, and had gained certain intelligence of him; by reason whereof he obtained great approbation.

When the chancellor, the Bishop of Ely, filled the office of legate, and in that capacity was holding a council at London, he proposed certain decrees against the black monks, taking notice of their wandering to St. Thomas and St. Edmund, on the excuse of pilgrimage, and inveighed against abbots, restricting them in the number of their horses. Abbot Samson replied, "We do not admit any decree against that rule of St. Benedict which allows the abbots the free and absolute government of their monks. I keep the barony of St. Edmund and his kingdom; nor are thirteen horses sufficient for me as they may be for some abbots, unless I have more to enable me to execute the King's justice."

Whilst there was war throughout England, during the captivity of King Richard, the abbot, with his whole convent, solemnly excommunicated all movers of the war and disturbers of the public peace, not fearing the Earl John, the King's brother, nor any other, so that he was styled the "stout-hearted abbot." After this he went to the siege of Windsor, where he appeared in armour with certain other abbots of England, having his own standard, and retaining many knights at heavy charges, being more remarkable there for his counsel than for his piety. But we cloister folk thought this act rather perilous, fearing lest in consequence some future abbot might be compelled to attend in person upon any warlike expedition. On the conclusion of a truce he went into Germany, and there visited the King with many gifts.

After the return of King Richard to England, licence was granted for holding tournaments; for which purpose many knights met between Thetford and St. Edmund. The abbot forbade them; but they, resisting, fulfilled their desire. On another occasion there came twenty-four young men with their followers, sons of n.o.blemen, to have their revenge at the aforesaid place; which being done, they returned into the town to put up there. The abbot hearing of this, ordered the gates to be locked, and all of them to be kept within. The next day was the vigil of Peter and Paul the apostles. Therefore, having pa.s.sed their word and promising that they would not go forth without permission, they all dined with the abbot on that day. After dinner, when the abbot retired to his chamber, they all arose and began to carol and sing, sending into the town for wine, drinking and then shouting, depriving the abbot and convent of their sleep, and doing everything in scorn of the abbot. They spent the day until the evening in this manner; and refused to desist, even when the abbot commanded them. But when evening was come, they broke open the gates of the town and went forth by force. The abbot, indeed, solemnly excommunicated all of them, yet not without first consulting Archbishop Hubert, at that time justiciary; and many of them came, promising amendment and seeking absolution.

The abbot often sent his messengers to Rome, by no means empty-handed.

The first he sent, immediately after he was consecrated, obtained in general terms all the liberties and privileges which had been granted of yore to his predecessors, even in the time of the schism. Next he obtained, first among the abbots of England, that he might be able to give episcopal benediction solemnly, wheresoever he might happen to be, and this he obtained for himself and for his successors.

Afterwards he obtained a general exemption for himself and his successors, from all Archbishops of Canterbury, which Abbot Hugh had only acquired for himself personally. In these confirmations Abbot Samson caused to be inserted many new privileges for the greater liberty and security of our church.

There once came a certain clerk to the abbot, bearing letters of request for procuring a benefice. And the abbot, drawing forth from his desk seven apostolic writings, with the leaden seals hanging to them, made answer: "Look at these apostolic writings, whereby divers popes require that certain benefices should be given to divers clerks.

When I shall have quieted those who have come before you, I will give you your rent; for he who first cometh to the mill ought first to have his grist."

There was a general court summoned for the hundred of Risbridge, to hear the plaint and trial of the Earl of Clare, at Witham. He, indeed, accompanied by many barons and knights, including the Earl Alberic and many others, stated that his bailiffs had given him to understand that they were accustomed to receive yearly for his use five shillings from the hundred and the bailiffs of the hundred, and that this was now unjustly detained; and he alleged that the land of Alfric, the son of Withgar, who had in ancient time been lord of that hundred, had been granted to his predecessors at the conquest of England. But the abbot, taking thought for his own interest, without stirring from his place, answered, "It is a strange thing, my lord earl; your case fails you.

King Edward the Confessor gave, and by his charter confirmed, to St.

Edmund, this entire hundred; and of those five shillings there is no mention made therein. You must tell us for what service, or for what reason, you demand those five shillings." And the earl, after advising with his attendants, replied that it was his office to carry the standard of St. Edmund in battle, and for that cause the five shillings were due to him. The abbot answered, "Of a truth it seems a mean thing that such a man as the Earl of Clare, should receive such a petty gift for such a service. To the Abbot of St. Edmund, it is but a slight grievance to give five shillings. The Earl Roger Bigot holds himself as seised, and a.s.serts that he is seised, of the office of bearing the standard of St. Edmund; indeed, he actually did bear it when the earl of Leicester was taken and the Flemings destroyed.

Thomas of Mendham also claims this as his right. When, therefore, you shall have proved against these your right, I will with great pleasure pay you the five shillings you now seek to recover of me." The earl upon this said that he would talk the matter over with the Earl Roger, his kinsman, and so the matter was put off even to this day.

On the death of Robert of c.o.c.kfield, there came Adam, his son, and with him many of his relations, the Earl Roger Bigot, and many other great men, and made suit to the abbot for the tenements of the aforesaid Adam, and especially for the half hundred of Cosford, to be held by the annual payment of one hundred shillings, just as if it had been his hereditary right; indeed, they all said that his father and his grandfather had held it for fourscore years past and more.

When the abbot got an opportunity of speaking, putting his two fingers up to his two eyes, he said, "May I be deprived of these eyes on that day, nay, in that hour, wherein I grant to any one a hundred to be held in hereditary right, unless indeed the King, who is able to take away from me the abbey and my life with it, should force me to do so."

Explaining to them the reason of that saying, he averred, "If any one were to hold a hundred as an inheritance, and he should make forfeit to the King in any wise, so that he ought to lose his inheritance, forthwith will the Sheriff of Suffolk and the King's bailiffs have seisin of the hundred, and exercise their own power within our liberties; and if they should have the ward of the hundred, the liberty of the eight hundreds and a half will be endangered."

And then addressing himself to Adam, he said, "If you, who claim an inheritance in this hundred, should take to wife any free woman who should hold but one acre of land of the King in chief; the King, after your death, would possess himself of all that your tenement, together with the wardship of your son, if he be under age; and thus the King's bailiffs would enter upon the hundred of St. Edmund, to the prejudice of the abbot. Besides all this, your father acknowledged to me that he claimed nothing by right of inheritance in the hundred; but because his service was satisfactory to me, I permitted him to hold it all the days of his life, according as he deserved of me."

Upon the abbot saying thus much, money was offered; but he could not be persuaded by words or money. At last it was settled between them thus: Adam disclaimed the right which he had by word of mouth claimed in the hundred, and the abbot confirmed to him all his other lands; but touching our town of c.o.c.kfield, no mention was made of that, nor indeed is it believed that he had a charter thereof; Semer and Groton he was to hold for the term of his life.

Herbert the dean erected a windmill upon Haberdon. When the abbot heard of this, his anger was so kindled that he would scarcely eat or utter a single word. On the morrow, after hearing ma.s.s, he commanded the sacrist, that without delay he should send his carpenters thither and overturn it altogether, and carefully put by the wooden materials in safe keeping.

The dean, hearing this, came to him saying that he was able in law to do this upon his own frank fee, and that the benefit of the wind ought not to be denied to any one. He further said that he only wanted to grind his own corn there, and n.o.body else's, lest it should be imagined that he did this to the damage of the neighbouring mills. The abbot, his anger not yet appeased, answered, "I give you as many thanks as if you had cut off both my feet; by the mouth of G.o.d I will not eat bread until that building be plucked down. You are an old man, and you should have known that it is not lawful even for the King or his justiciary to alter or appoint a single thing within the banlieue, without the permission of the abbot and convent; and why have you presumed to do such a thing? Nor is this without prejudice to my mills, as you a.s.sert, because the burgesses will run to you and grind their corn at their pleasure, nor can I by law turn them away, because they are freemen. Nor would I endure that the mill of our cellarer, lately set up, should stand, except that it was erected before I was abbot. Begone," he said, "begone; before you have come to your house, you shall hear what has befallen your mill."

But the dean being afraid before the face of the abbot, by the counsel of his son, Master Stephen, forestalled the servants of the sacrist, and without delay caused that very mill which had been erected by his own servants to be overthrown. So that when the servants of the sacrist came thither, they found nothing to be pulled down.

The abbot was sued in respect of the advowson of certain churches, and gained the case. Certain others he also retained, although his right thereto was challenged, viz., the church of Westley, of Meringthorp, of Brettenham, of Wendling, of Pakenham, of Nowton, of Bradfield in Norfolk, the moiety of the church of Boxford, the church of Scaldwell, and the church of Endgate. All these, although the right was challenged by others, he retained, and he restored to his own right of patronage three portions of the church of d.i.c.kleburgh, and brought back the tenements belonging to those shares to the frank fee of the church, saving the service which was due therefrom to the manor of Tivetshall. But the church of Boxford being void, when an inquest was summoned thereupon, there came five knights tempting the abbot, and inquiring what it was they ought to swear.

The abbot would neither give nor promise to them anything, but said, "When the oath shall be administered, declare the right according to your consciences." They, indeed, being discontented, departed, and by their inquest took away from him the advowson of that church, namely, the last presentation. Nevertheless, he ultimately recovered it after many charges, and for a fine of ten marks.

The abbot also retained the church of Honington. This had not become vacant, but the right was challenged in the time of Durand of Hostesley, although he produced as evidence of his right the charter of William, Bishop of Norwich, wherein it was specified that Robert of Valognes, his father-in-law, had given that church to Ernald Lovell.

The moiety of the church of Hopton being void, a controversy arose thereupon between the abbot and Robert of Elm; and a day of hearing being appointed at Hopton, after much altercation, the abbot being guided by I know not what sudden impulse, said to the aforesaid Robert, "Do you but swear that this is your right, and I will allow that it shall be so." And since that knight refused to swear, it was by the consent of each party, referred to the oath of sixteen lawful men of the hundred, who swore that this belonged to the abbot as his right. Gilbert Fitz-Ralph and Robert of c.o.c.kfield, lords of that fee, were there present and consenting thereto.

Thereupon, Master Jordan de Ros, who had the charter of abbot Hugh, as well as the charter of the aforesaid Robert, starting forward, urged that whichever of them succeeded in proving his claim to the church, he (Jordan) might hold the parsonage, that he was parson of the whole church, and that the clerk last deceased had been his vicar, rendering him a yearly payment for that moiety. In proof thereof he produced the charter of Walchelin the archdeacon.

The abbot, greatly moved and angry with him, never received him in a friendly manner, until the said Jordan, in a chapter of the monks at Thetford, at the abbot's instance, resigned into the hands of the bishop there present that very moiety, without any reservation or expectation of afterwards recovering the same, before a great mult.i.tude of clerks. This done, the abbot said, "My lord bishop, I am engaged by promise to bestow the rent upon some one your clerk; and I now give this moiety of this church to whomsoever of your clerks you will." Then the bishop requested that in a friendly manner it should be given to the same Master Jordan; and so upon the presentation of the abbot, Jordan got it back again.

Afterwards a controversy arose between the abbot and the same Jordan, touching the land of Herard in Harlow, whether it were the frank fee of the church or not. And when there was summoned a jury of twelve knights to make inquest in the king's court, the inquest was taken in the court of the abbot at Harlow, by the licence of Ranulf de Glanville, and the recognitors swore that they never knew that land at any time to have been separated from the church, but nevertheless that land owed such service to the abbot as that to which the land of Eustace, and certain other lands of laymen in the same town were subject. At length it was agreed between them thus: Master Jordan in full court acknowledged that land to be lay fee, and that he claimed nothing therein, unless by the abbot's grace. He will therefore hold that land all the days of his life, rendering yearly to the abbot twelve pence for all services.

Since, according to the custom of the English, many persons gave many presents to the abbot, as being their head, upon the day of the Circ.u.mcision of our Lord, I, Jocelin, thought to myself, What can I give? And I began to reduce into writing all those churches which are in the gift of the abbot, as well of our manors as of his, and the reasonable values of the same, upon the same principle that they could be fairly set to farm, at a time when corn is at its ordinary standard price. And, therefore, upon the commencement of a new year, I gave to the abbot that schedule, as a gift to him, which he received very gratefully.

I, indeed, because I then was pleasing in his sight, thought in my heart, that I should hint to him that some one church should be given to the convent, and a.s.signed for the purposes of hospitality, just as he had wished when he was a poor cloister monk: for this same thing he himself had, before his election, suggested the brethren should swear, that upon whomsoever the lot should fall, that man should do it. But while I thought upon these things, I remembered that some one previously had said the very same thing, and that I had heard the abbot reply, that he could not dismember the barony; in other words, that he ought not to diminish the liberty and dignity which abbot Hugh and others his predecessors had had, of giving away churches, which after all scarcely brought any gain or profit to the convent. On considering this, I held my peace.

The writing I have alluded to was the following:--

"These are the churches of the manors and socages of the ABBOT: The church of Melford is worth forty pounds; Chevington, ten marks; Saxham, twelve marks; Hargrave, five marks; Brettenham, five marks; Boxford, one hundred shillings; Fornham Magna, one hundred shillings; Stow, one hundred shillings; Honington, five marks; Elmswell, three marks; Cotton, twelve marks; Brocford, five marks; Palgrave, ten marks; Great Horningsherth, five marks; Kingston, four marks; Harlow, nineteen marks; Stapleford, three marks; Tivetshall, one hundred shillings; Worlingworth c.u.m Bedingfield, twenty marks; Soham, six marks; the moiety of the church of Wortham, one hundred shillings; Rungton, twenty marks; Thorp, six marks; Woolpit, over and above the pension, one hundred shillings; Rushbrook, five marks; the moiety of the church of Hopton, sixty shillings; Rickinghall, six marks; three parts of the church of d.i.c.kleburgh, each part being worth thirty shillings and upwards; the moiety of the church of Gislingham, four marks; Icklingham, six marks. Concerning the church of Mildenhall, which is worth forty marks, and of the moiety of the church of Wetherden, what shall I say? Wendling, one hundred shillings; the church of Len, ten marks; the church of Scaldwell, five marks; the church of Warkton ...

"These are the churches of the manors belonging to the CONVENT: Mildenhall, Barton, and Horningsherth, twenty-five marks, besides the pension; Rougham, fifteen marks, besides the pension; Bradfield, five marks; Pakenham, thirty marks; Southrey, one hundred shillings; Risby, twenty marks; Nowton, four marks; Whepstead, fourteen marks; Fornham St. Genevieve, fifteen marks; Herringswell, nine marks; Fornham St. Martin, three marks; Ingham, ten marks; Lackford, one hundred shillings; Elveden, ten marks; c.o.c.kfield, twenty marks; Semer-Semer, twelve marks; Groton, five marks; the moiety of the church of Fressingfield, fourteen marks; Beccles, twenty marks; Broc, fifteen marks; Hinderclay, ten marks; Warkton, ten marks; Scaldwell, five marks; Westley, five marks; the church in Norwich, two marks, over and above the payment of herrings; and two churches in Colchester, three marks, over and above the pension of four shillings; Chelsworth, one hundred shillings; Meringthorp, four marks; the moiety of the church of Bradfield in Norfolk, three marks; staffacres and fouracres, and the third part of the t.i.thes of the lordships of Wrabness, six marks."

The two counties of Norfolk and Suffolk were put in the "mercy" of the King by the justices in eyre for some default, and fifty marks were put upon Norfolk, and thirty upon Suffolk. And when a certain portion of that common amerciament was a.s.sessed upon the lands of St. Edmund, and was sharply demanded, the abbot, without any delay, went to our lord the King. We found him at Clarendon; and when the charter of King Edward, which discharges all the lands of St. Edmund from all gelds and scots, had been shown to him, the King commanded by his writ that six knights of the county of Norfolk and six of Suffolk should be summoned to consider before the barons of the exchequer, whether the lordships of St. Edmund ought to be quit from common amerciament. To save trouble and expense, only six knights were chosen, and these for the reason that they had lands in either county; namely, Hubert of Briseword, W. Fitz-Hervey, and William of Francheville, and three others, who went to London with us, and on behalf of the two counties gave their verdict in favour of the liberty of our church. And thereupon the justices then sitting enrolled their verdict.

The abbot Samson entered into a contest with his knights--himself against all, and all of them against him. He had stated to them that they ought to perform the service of fifty individual knights in escuages, in aids, and the like, because, as they themselves said, they held so many knights' fees. The point in dispute was, why ten of those fifty knights were to be without performing service, or by what reason or by whose authority the forty should receive the help of those ten knights. But they all answered with one voice, that such had ever been the custom, that is to say, that ten of them should a.s.sist the other forty, and that they could not thereupon--nor ought they thereupon--to answer, nor yet to implead.

When they were summoned in the King's court to answer hereupon, some, by arrangement, excused themselves from appearing, the others cunningly appeared, saying that they ought not to answer without their peers. On another occasion, those presented themselves who had first absented themselves, saying in like manner, that they ought not to answer without their peers who were joined with them in the same plaint. And when they had several times thus mocked the abbot, and had involved him in great and grievous expenses, the abbot complained of this to Hubert, the archbishop, then justiciary, who replied in open court that each knight ought to plead singly, and in respect of his own tenure, and said straight out that the abbot was clever enough and able enough to prove the rights of his church against all and every one of them. Then the earl, Roger Bigot, first of all freely confessed that, in law, he owed to his superior lord the abbot his service of three entire knights' fees, in reliefs as well as in escuages and aids; but, so far as concerned his performing castle-guard at the castle of Norwich, he said nothing.

Next came two of these knights, then three, and again more, until nearly all of them had come, and, by the earl's example, acknowledged the same service. Because such acknowledgment thereupon made in the court of St. Edmund was not sufficient in law, the abbot took all of them to London at his own charges, with the wives and women who were inherited of the lands so held, that they should make the acknowledgment in the King's court, and they all received separate charters of the concord thus made. Alberic de Vere and William of Hastings and two others were in the King's service beyond sea when this was done, and therefore the plaint concerning them was stayed.

Alberic de Vere was the last who held out against the abbot; but as it was, the abbot seized and sold his cattle, wherefore it behoved him to come into court, and answer, as did his fellows. Taking advice upon it, he at length acknowledged to the abbot and St. Edmund their right.

The knights, therefore, being all defeated, a great profit would have accrued to the abbot from this victory unless he had been inclined to spare some of them; for so often as twenty shillings are charged upon a fee, there will remain twelve pounds to the abbot, and if more or less are a.s.sessed, more or less will remain over as a surplus to him, according to the strict apportionment. Also the abbot was wont, as were his predecessors, at the end of every twenty weeks to give seven shillings for the guard of the castle of Norwich out of his own purse, for default of three knights, whose fees Roger Bigot holds of St.

Edmund. Each of the knights of four constabularies used to give twenty-eight pence when they entered to perform their guards, and one penny to the marshal who collected those pence; and they were accustomed to give twenty-eight pence and no more, because the ten knights of the fifth constabulary ought to a.s.sist the other forty, so that whereas they ought to have given three shillings entire, they only gave twenty-nine pence, and he whose duty it was to enter to perform his guard service at the end of four months, entered at the end of twenty weeks. But at the present time all the knights give the full three shillings, and there remains to the abbot the surplus which accrues beyond twenty-nine pence, from whence he can re-imburse himself of the aforesaid seven shillings. It is apparent what force had the words of the abbot which he spoke the first day, when he took the homage of his knights, as aforesaid, when all the knights promised him twenty shillings, and immediately revoked what they had said, refusing to give him more than forty pounds in one sum, alleging that ten knights ought to a.s.sist the other forty in aids and castle-guards, and all such like services.

There is certain land in Tivetshall of the abbot's fee, which used to pay to the watchmen of the castle of Norwich waite-fee, that is, twenty shillings per annum, payable five shillings on each of the four Ember fasts. This is an ancient customary payment which the abbot would well wish to do away with if he could, but considering his inability to do so, he has up to now held his peace and closed his eyes to it.

CHAPTER VIII

THE CASE OF HENRY OF ESs.e.x