heraldryofyorkmi01custuoft

288 THE HERALDRY OF YORK MINSTER.
On the death of Henry III., he was one of those who went up to
the altar at Westminster Abbey and swore allegiance to Edward I., then
fighting against the Saracens. Four years afterwards he shewed that he
could be as independent as he was loyal. Edward, in order to raise
money, required all those who held any lands or tenements of him, to
come and shew by what right and title they held them, that by such
means these possessions might return to him by escheat as chief lord of
the same, and so be sold or redeemed again at his hands. Great was
the dissatisfaction expressed on all sides at this, but few dared to resist
the King's will. At last the Earl was summoned to answer, and he
appeared before the justices. Being asked by what right
he held his
lands, he suddenly drew forth an old rusty sword, " By this instrument, 1 '
sayd he, " doe I hold my landes, and by the same I intend to defende them.
"Our ancestours, comming into this realme with William the Conquerour,
" conquered theyr lands with the sworde, and wyth the same will I defende
"me from all those that shall be aboute to take them from me. He did
" not make a conqueste of this realme alone, our progenitors were with him
"as participators and helpers with him." The King wisely understood
from this the nature of his action, and proceeded no further. " So that,"
Holinshed concludes,
" the thing which generally shuld have touched and
" bene hurtfull to all men, was now sodeinly stayed by the manhood and
" couragiouse stoutenesse only of one man, the forsaid earle."
Hence the ancient motto of the family,
" Gladio vici, gladio teneo, gladio tenebo."
It gives some idea as to the powers of the barons in those days, to find him
disputing with the King, not only about the rights in Sussex, but claiming
to have his coroners, prison, market, fair, tronage, pesage, a certain toll
called thurtol in Stamford and Grantham, without license or will of the
King. He claimed also gallows, assize of bread and beer, and of measures,
pleas de vetito namio, and for shedding of blood, and waif at Coningsburgh.
And on inquisition, his claim was allowed without question.
The following extracts, quoted in Guest's History of Rotherham, show
that these powers were not only claimed but exercised "
: Richard (steward
"to Earl Warrenne) imprisoned Beatrice, who was wife of William the
" tailor at Rotherham, at Wakefield, for a whole year, because she had
" impleaded the said Earl for a certain tenement in Grisbrook, and they do
" not know how she was set free. The said Richard made devilish and
" miserable oppression (i.e. heavy charges and rates), as it will appear by
" the roll of ministers."
"Also they say that Nigel Drury, constable of the castle of
" Conisbrough, seized, in the town of Roderham, six stones of wool from
.
" a certain chest which belonged to a certain woman who was hung at