Page:William of Malmesbury's Chronicle.djvu/514

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494
Modern history.
[b.i.

nities of the churches, confirmed by their charters, and their customs observed from ancient usage, do remain inviolate. All the possessions of the churches, and the tenures which they held during the life, and at the death of my grandfather king William, I grant to them free, and discharged from the claim of all parties: but if the church shall hereafter claim any thing held, or possessed, before the death of the king, of which it is now deprived, I reserve such matter for discussion, or restitution at my will and pleasure. Moreover, whatever, since that king's death, has been obtained by the liberality of kings, or the gift of princes; by offerings, or purchase, or by any exchange of the faithful, I confirm. I pledge myself to keep peace, and do justice to all, and to preserve them to my utmost ability. I reserve to myself the forests which king William, my grandfather, and William the Second, my uncle, have made and possessed: all the rest which king Henry added, I give and grant, without molestation, to the churches, and the kingdom. And if any bishop or abbat, or other ecclesiastical person, shall have severally distributed[1] his property before his death, or ap- pointed such distribution, I allow it to remain good: but if he shall have been suddenly seized by death, before making a disposition, let the said distribution be made, at the discretion of the church, for the repose of his soul. Moreover, when the sees shall be vacant, let both them, and their whole possessions, be committed into the hands and custody of the clergy, or of lawful men of the same church, until a pastor be canonically appointed. I entirely do away all exactions, mischeningas,[2] and injustices, whether illegally

  1. It had been the practice to seize, to the king's use, whatever property ecclesiastics left behind them. Henry of Huntingdon relates, that on the death of Gilbert the Universal, bishop of London, who was remarkable for his avarice, all his effects, and among the rest, his boots crammed with gold and silver, were conveyed to the exchequer. Anglia Sacra, ii. 698. Sometimes, even what had been distributed on a death-bed, was reclaimed for the king. Vide G. Neub. 3, 5. "This practice of seizing the property of ecclesiastics at their death seems subsequently to have settled down into a claim on the part of the king of the cup and palfrey of a deceased bishop, prior, and abbat. See Rot. Claus. 39 Hen. III, m. 17, in dorso."—Hardy.
  2. It seems to have been a vexatious fine imposed on litigants when, in their pleadings, they varied from their declaration. Murder is sometimes taken in its present acceptation; sometimes it means a certain fine levied on the inhabitants where murder had been committed.