A complete history of England from the first entrance of the Romans under the conduct of Julius Cæsar unto the end of the reign of King Henry III ... : wherein is shewed the original of our English laws, the differences and disagreements between the secular and ecclesiastic powers ... and likewise an account of our foreign wars with France, the conquest of Ireland, and the actions between the English, Scots and Welsh ... : all delivered in plain matter of fact, without any reflections or remarques by Robert Brady ...

About this Item

Title
A complete history of England from the first entrance of the Romans under the conduct of Julius Cæsar unto the end of the reign of King Henry III ... : wherein is shewed the original of our English laws, the differences and disagreements between the secular and ecclesiastic powers ... and likewise an account of our foreign wars with France, the conquest of Ireland, and the actions between the English, Scots and Welsh ... : all delivered in plain matter of fact, without any reflections or remarques by Robert Brady ...
Author
Brady, Robert, 1627?-1700.
Publication
In the Savoy :: Printed by Tho. Newcomb for Samuel Lowndes ...,
1685.
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Subject terms
Great Britain -- History -- To 1485.
Link to this Item
http://name.umdl.umich.edu/A29168.0001.001
Cite this Item
"A complete history of England from the first entrance of the Romans under the conduct of Julius Cæsar unto the end of the reign of King Henry III ... : wherein is shewed the original of our English laws, the differences and disagreements between the secular and ecclesiastic powers ... and likewise an account of our foreign wars with France, the conquest of Ireland, and the actions between the English, Scots and Welsh ... : all delivered in plain matter of fact, without any reflections or remarques by Robert Brady ..." In the digital collection Early English Books Online. https://name.umdl.umich.edu/A29168.0001.001. University of Michigan Library Digital Collections. Accessed April 26, 2025.

Pages

Page 522

THE REIGN [ A] OF King Henry III. [ B] (Book Henry III)

IN the Eve of Simon and Jude, [1] 1.1 Eight days after the death of King John, in the presence of Walo the Popes Legate, Peter Bishop of Winchester, Iocelin Bishop of Bath, Sylvester Bi∣shop of Worcester, Ranulphe Earl of Chester, William Mar∣shal [ C] Earl of Pembroke, William Earl of Ferrars, John Mareschal, and Philip de Albeney, with Abbats, Priors, and a very great mul∣titude met at Glocester to advance Henry the eldest Son of King John to the Crown of England. The day after, all necessaries being in a readiness for his Coronation,* 1.2 The Legate accompanied with the afore-mentioned Bishops, and Earls, brought him in Solemn Procession, into the Conventual Church, Declaring him King. Be∣ing placed before the great Altar, in the presence of the Clergy and [ D] Laity (Coram Clero & Populo) laying his Hand upon the Holy Gos∣pels and Reliques of many Saints, Iocelin of Bath dictating the Oath, He [2] 1.3 Swear, That he would bear Honor, Peace, and Reverence to God, Holy Church, and all its Clercs, all days of his Life; That he would administer due Justice to the People; That he would abolish all bad Laws and ill Customs if any were in his Kingdom, and would observe, and cause to be observed all good ones.* 1.4 Then he did Homage to Holy Church of Rome, and to Pope Innocent, for the Kingdoms of Eng∣land [ E] and Ireland; And Swear Faithfully to pay the Thousand Marks yearly to the See of Rome, which his Father King John had given: After this,* 1.5 Peter Bishop of Winchester, and Iocelin Bishop of Bath anointed and Crowned him King with the usual Solemnities. The day after he received the Homages and Fealties of all the Bishops, Earls and Barons, and all others who were present, all promising him most faithful Obedience.

[ F]

After his [3] 1.6 Coronation, he remained in the Protection of Wil∣liam Earl of Pembroke, Great Mareschal, who forthwith sent Letters to all Sherifs, and Castellans of the Kingdom of England, Command∣ing Obedience to the new Crowned King, and promised many Gifts and Possessions to all such as should faithfully adhere to him; upon this, all those Noblemen and Castellans, who had continued firm to

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his Father, stood the more close and faithful to him,* 1.7 and every one prepared to fortify his Castles, as well as he could; and they were the more encouraged, when they saw that Lewis his Accomplices and Favourers were Excommunicated every Sunday and Holy-day.

All endeavours were used by the Protector, the Bishop of Winchester, and others, to reduce the Barons to their Allegiance and Obedience [ A] to their Natural Prince, who then wanted One Moneth of the age of Ten years. In whose Name they wrote to * 1.8 Hugh de Lacy, and gave him a safe Conduct to return to his Fealty and Service, and that he might come to speak with the King, and return safely, and pro∣mised him the Restitution and injoyment of all his Rights and Li∣berties, if he complyed with that invitation, which bears the Earls Teste, and is Dated November 18, the First of his Reign.

[ B] When Lewis and the Barons who besieged Dover Castle, heard certainly that King John was dead, [4] 1.9 They were possessed with a fallacious Joy, that the Kingdom of England would soon be subdu∣ed; Therefore Lewis summons Hubert de Burgo, Constable of the Castle, to surrender it, Telling him King John was dead, and that he could not defend it against him; and therefore if he would deli∣ver the Castle, and Swear Fealty to him, He would not only reward him with Honors, but also make him one of his Counsellors. To [ C] whom Hubert gave this Answer, That altho his Master was dead,* 1.10 yet he had Sons and Daughters who ought to succeed him; but would not hear of surrendring the Castle, till he had consulted his Knights; who unanimously resolve in the Negative, lest by a shameful Surren∣der [5] 1.11 They should be branded for Traytors; when this Resolution was made known to Lewis, he raised the Siege, and marched towards London.

[ D] On the 12th of November following [6] 1.12 He came before Hert∣ford, and besieged it, which at first was well defended by Walter de Godardvill, and many French were slain, but at last was yield∣ed unto Lewis, upon Condition they might be secured of their Goods, their Horses and Arms. Robert the Son of this Walter claimed the custody of this Town, as belonging unto him by Antient Right; To whom the French Men replyed, That such English were never to be trusted, who had been Traytors to their own Master; However, Lewis [ E] promised him, that when he had wholly subdued the Kingdom, every one should have their Rights restored. From hence he proceeded to Berchamstede-Castle [7] 1.13, and after some small skirmishes and a few Sallies made by the besieged, he took it. After this he ravaged the Countrey, and spoiled the Inhabitants, until he came to St. Albans, and required the Abbat to do him Homage, which he refused, un∣less released from his Homage to the King of [8] 1.14 England. Lewis inraged at this Answer, Sware He would burn both the Abby and [ F] Town, unless he did what he required. Whereupon the Abbat (by the Mediation of Saher Earl of Winton) made a composition with him for himself and the Town, till the Candlemass following,* 1.15 and gave him Fourscore Marks of Silver to spare the Abby and Town until Candlemass, and then he returned to London.

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In the year 1217. the young King Henry [9] 1.16 kept his Christmass at Bristol, with Walo the Legate, and William Mareschal, the Protector or Governor of the King and Kingdom; At this time there was a fluctuation in the Nobility, whether they should submit to young Henry or Lewis. The French they hated and despised, and the more because Lewis contrary to his Oath, had entred upon their Lands, Possessions, and Castles, and placed Soldiers and Strangers in them. And at the same time were ashamed to return to the King, [ A] whom they had deserted; being thus perplexed, they could not tell which way to steer their course.

* 1.17On the Twentieth of January several Knights and Esquires, or other Horsemen, went out of Mount-Sorrel Castle, to plunder the Countrey: The Garrison in Nottingham Castle had notice of it, and sent out a party that ingaged them, killed Three of their number, and took Ten Knights, and Twenty four Esquires (Servienses) pri∣soners. [ B]

About this time Lewis [1] 1.18 had notice from his Envoys at Rome, that unless He departed out of England, the Sentence of Excommuni∣cation pronounced against him by Walo the Popes Legate would be confirmed by the Pope: Whereupon a Truce was made between King Henry and Lewis, until a Moneth after Easter; and that all things were to remain in the same State they were in that day. The [ C] Truce was made until the term was expired.* 1.19 In Lent Lewis passes over Sea, by which he lost the affection of the English Barons; And thereupon William Earl of Salisbury, William Earl of Arundel, William Earl of Warren,* 1.20 and William Son of the Great Mares∣chal returned to their Allegiance, and afterwards firmly adhaered to young King Henry, which very much weakened Lewis his party.

[ D]

After [ ] 1.21 the Solemnity of Easter was past, at the instigation of William Mareschal, Ranulph Earl of Chester, William Earl of Albemarle, William Earl of Ferrars, Robert de Veteri Ponte, Brian de Insula, W. de Cantelupo, Philip Mart, Robert de Gau∣gi, Falcasius with his Castellans, and many other Garrison Soldiers met to besiege the Castle of Mount Sorrel, wherein Henry de Brai∣brot was Governor, and with him were Ten stout Knights, and ma∣ny other Soldiers; There were many vigorous Assaults made, and [ E] as briskly received and returned.* 1.22 But the Besieged being close pres∣sed, sent to Saher Earl of Winton, the Lord or Proprietor of the Castle, who was then at London, for relief; He applies himself to Lewis, (who was lately return'd from beyond Sea to London) that he would send Assistance, and raise the Siege, and they agreed to send such Force as might not only Relieve the Castle, but also sub∣due the Countrey; There went out of London [3 1.23 Six hundred Knights, and above 20000 Armed Men (Qui omnes aspirabant in [ F] aliena) who all gaped after Plunder; the chief of them were the Earl of Perch, Mareschal of France, Saher Earl of Winton, and Robert Fitz-Walter, and many others who were judged very fit for that Expedition. They set forth the last of April, and marched towards St. Albans, Burning and Robbing Towns and Churches, spoil∣ing all sorts of Men, and cruelly tormented them, that they might

Page 525

force from them excessive Ransoms; Neither did they spare [ ] 1.24 the Abby of St. Albans, notwithstanding a little before the Abbar sa∣tisfied Lewis. They marched from thence to Dunestaple, where they took away the Monks Cloaths, and with their polluted Hands [5] 1.25 snatched away the Holy Reliques from the Altar. After many Spoils, and much Rapine, they went directly to the [6] 1.26 Castle of Mount-Sorrel, and raised the Siege without any opposition. From [ A] hence they marched to Lincoln, and set down before the Castle, which Gilbert de Gant had a long time in vain Besieged, and made many Assaults, but were vigorously repulsed.

Upon this [7] 1.27 William Mareschal, Walo the Legate, and Pe∣ter Bishop of Winchester, and others, who then managed the Af∣fairs of the Kingdom, Summoned all the Kings Castellans, and Knights, and those that were in Garrisons in diverse parts, to meet at New∣ark [ B] on Whisun-Tuesday, to go along with them to raise the Siege of Lincoln Castle. They all shewed a great readiness to Fight with the Excommunicated French, and very joyfully met at the place and day appointed. With them went the Legate, and many other Prelates, to persue with Prayers and Arms all such as were disobedient to the King, and Rebels to the Pope. When they were all come together, they were 400 Knights, 250 (Balisharii) Cross-Bow-men, and such [8] 1.28 Esquires and Horsemen without number; That if necessity required, [ C] they would supply the place of Knights. The chief were William Mareschal, and William his Son, Peter Bishop of Winchester, well skilled in Martial Affairs, Ranulph Earl of Chester,* 1.29 William Earl of Salisbury, William Earl of errars, William Earl of Al∣bmarle; And the Barons were William de Albiny, John Mare∣schal, William de Cantelupo, and William his Son, Falcasius, Thomas Basset, Robert de Veteri-Ponte, Bryan de Insula, Geo∣fry de Lucie, Philip de Albiney, with many Castellans well exercised [ D] in Military Discipline;* 1.30 They stayed three days at Newark for the refreshment of their Men and Horses, where they were Confessed, and fortified themselves, by the Perception of the Lords Body, and Blood (Corporis & sanguinis Dominici perceptione sese munibant) against the Assaults of their Enemies.

On Friday in Whitsun-week after their Confession, and receiving the Sacrament, The Legate [9] 1.31 shewed how unjust that cause was, which [ E] Lewis and the Barons his Adherents had undertaken to defend, for which they had been Excommunicated, and separated from the Ʋni∣ty of the Church; And then by name Excommunicated Lewis,* 1.32 and all his Accomplices and Favorers, and especially all those that Besieged Lincoln; But to those who had undertaken this Expedition, he gave a full Pardon, and the promise of Eternal Salvation. This so ani∣mated the Army, that they triumphantly marched towards Lincoln, fearing nothing but the Enemies flight before they came thither; [ F] When the [1] 1.33 Barons and French which were in the City, heard of their approach, they received the news with Scoffs and Laughter, thinking themselves to be secure. However Robert-Fitz-Walter, and Saher Earl of Winton went out of the City to observe the mo∣tions and number of the Kings Forces; when they returned,* 1.34 they re∣ported their March to be very orderly, but that they exceeded them in number. This Account gave no satisfaction to the Earl of Perch,

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and the Mareschall: [2] 1.35 Wherefore they went out to take a View of the Kings Army,* 1.36 which marched in such order, that they were mistaken in their Observations, and returned both deceived and uncertain; the advices upon this were various, at last it was agreed the Gates should be Locked up, and Watches set to keep out their Ene∣mies, and every one to make ready for a defence, and in the mean time to Batter and Assault the Castle, which they thought could not long hold out. [ A]

When the Kings [3] 1.37 Army was come before that part of the City where the Castle stands, the Castellans by a private Messenger gave them notice of every thing that was done within, and moreover told them, that if they would, they might enter at the Postern gate of the Castle, which was left open for them. Falcacius accepts the offer, and enters with all such as he commanded, and the Cross-Bow-men, (whilst the rest of the Army made an assault upon the Northern [ B] gate) And having from the Castle wounded and unhorsed some of the most forward and valiant Barons; He suddenly issued out, and very narrowly escaped being taken, put them all into Confusion, which gave an opportunity to the whole Army to enter. A very great num∣ber yeilded to the Conquerors mercy; But the Earl of Perch [4] 1.38 re∣fusing to yeild to any Englishman that had been a Traytor to his own King, was slain. Of the Chiefest Barons were taken, Saher Earl of Winton, Henry de Boun Earl of Hereford, Gilbert de Gant whom [ C] Lewis had lately made Earl of Lincoln, Robert Fitz-Walter, Ri∣chard Munfichet, William Mumbray, William Beauchamp, William Mandut, Olier Harcourt, Roger Cressy, William Colevill, William de Ros, Robert Ropesle, Ranulph Cheinduit, and about 400 Knights,* 1.39 besides Esquires, Ordinary Horsemen and foot. This Victory was obteined on the 19th of May, being Satur∣day in Whitsun-Week.

[ D]

The spoyl of the [5] 1.40 City and Cathedral was given to the Soldiers; for the Legat had commanded they should treat all Canonical persons as Excommunicated: When they had made an end of Plundering, William Mareschall commanded all his Castellans to return home with their Prisoners, and keep them under a strict guard till they knew the Kings pleasure.

Lewis [6] 1.41 hearing of this great overthrow, forthwith sent Mes∣sengers [ E] to his Father the King of France, and to his Wife the Lady Blanch to send some speedy Succours. The King fearing he should anger the Pope if he should assist his Son who was Excommunicated, left it wholly to Lewis his Wife [7] 1.42 who speedily sent 300 stout Knights with a great many Armed men under the Conduct of Eusta∣chius a Monk. After they were Shipped, a brisk wind drove them [ F] toward the Coast of England, but by the way several of the Kings Ships under the Command of Philip de Albiney met with them, be∣tween whom was a bloody Sea fight. [8] 1.43 At length the French see∣ing no hopes of Success or Escape, some desperately leaped into Sea, and the rest yeilded themselves Prisoners. When the News of this defeat came to Lewis, it more grieved him than the overthrow at Lincoln. [*] 1.44 Eustachius the Monk offered a great summ of Money for his Life; but Richard the Bastard Son of King John calling him

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wicked Traytor, Told him he should never deceive any man further with false promises, and so cut off his head.

After this [9] 1.45 the Mareschall encompassed London with a great Army and Besieged it both by Land and Water; Lewis finding him∣self reduced to great streights, signified to the Legat, and Mareschall, that he would submit to their advice, and consent to any thing [1] 1.46 [ A] consistent with his own Honor, and without Scandal to his Friends.

They being very willing to be rid of him, send him a [2] 1.47 Form of Peace, to which if he would Consent, he should have free passage and conduct out of England; if not, they would endeavour the destruction of him and his Accomplices. Lewis and his Councellors accepted the offer, and sent to the Mareschall and Legat to fix upon a place and day, that a speedy Peace might be concluded. They appoint a place [ B] nigh Stanes by the River Thames, where King Henry, the Legat, and the Mareschall, with many others on the one side; And Lewis with the Barons on the other side met, and agreed upon this Form of Peace on the Eleventh of September.

Lewis [3] 1.48 Swore that he and all with him that were Excommunica∣ted, would stand to the Judgment of Holy Church, and for the future, would be faithful to the Pope, and Church of Rome. That he would [ C] forthwith depart the Kingdom of England, and never more return again with any ill design during his Life. And that he would endeavor what he could to induce King Philip his Father, to restore to King Henry all his rights beyond the Seas, and that when he should come to be King, he would quietly restore them. And that he should immediately deliver to the King all those Castles, with their Lands, he had possessed himself of in England during this War. King Henry with the Legat and Mares∣chall Swore they would restore to the Barons of England, and to all others [ D] of the Kingdom, All their Rights and Inheritance, together with the Liberties they before desired, for which there arose so great discord be∣tween King John and the Barons; neither should it be any Damage or Re∣proach to any that had adhered to the one or to the other side. That all Prisoners who had redeemed themselves before this Peace was made, and had paid part of the money for their redemption, what was paid should not be returned, and what remained should be remitted.* 1.49 That all Prisoners either taken at Lincoln, or at Sea, whether of the Kings or Lewis [ E] his side, should without any difficulty or price of redemption be set free. After this Lewis and all his Followers were absolved, and returned to London, where having borrowed 5000 l. Sterling of the Citizens, he was by the great Mareschall conducted to the Sea, and so passed over into France.

When the Legat [4] 1.50 absolved Lewis and his followers, he excep∣ted all such Bishops, Abbats, Priors, Secular Canons, and Clercs who [ F] assisted or favoured Lewis and the Barons, particularly Simon de Langton and Gervase de Hobrugge, who caused Holy Mysteries to be performed by such as were excommunicated. They were first de∣prived of all their Benefices, and then forced to go to Rome. Soon af∣ter Lewis his departure, The Legat sent Inquisitors all over England, and whomsoever they found the least ingaged or inclined to Lewis and the Barons of what order and Dignity soever they were, They

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first suspended them, and then sent them to him; who deprived them of all their Benefices,* 1.51 and bestowed them on his own Clercs. Hugh Bishop of Lincoln paid to the Popes use 1000 Marks, and 100 to the Legat for his Bishoprick, whose Example many of the Bishops and Religious followed.

This year on the sixteenth of July dyed * 1.52Pope Innocent the Third. To whom succeeded Honorius the Third. [ A]

King Henry [5] 1.53 kept his Christmass at Northampton, and Fala∣sius supplyed him with all necessaries for the Festival. In those days several of the Nobility and others, The chief of which were, VVil∣liam Earl of Albemarle, Falcasius with his Castellans, Robert de Vipont, Brian de Lisle, Hugo de Bailluel, Philip Marc, and Ro∣bert de Gaugi, having in time of War accustomed themselves to Ra∣pine, could not forbear exercising the same in time of Peace, but for∣cibly [ B] held the Castles with the Lands and Possessions belonging to them, of some Bishops and great men contrary to the Kings Will and Com∣mand;* 1.54 but especially Robert de Gaugi (though Admonished several times by the King) refused to yeild up the Castle and Town of New∣ark to Hugh Bishop of Lincoln. Whereupon the Great Mareschall at the Kings Command, raised an Army and Besieged the Castle; after eight days Siege, Robert de Gaugi capitulated with the Bishop to De∣liver the Castle to him upon payment of an Hundred pounds Sterling [ C] for the Victuals that was in it; the Bishop with the Kings consent did accept the Terms, so the Siege was raised, and every one went to their own home.

This Year on the 18th of February, the Protector * 1.55 wrote in the Kings Name to the Sheriffs to make Proclamations in their Counties, That all Clercs that had adhered to Lewis, and were therefore Ex∣communicated, and not absolved, should be Banished; and if they [ D] departed not the Nation before Mid-Lent, they were to be imprisoned. And such as were Absolved, if they remained Friends to Lewis, &c. they were however to be Imprisoned.

He wrote on the 22d of the same Month also to the * 1.56 Sherifs of the several Counties, for the better satisfying the minds of men, That they should look after the observation of the Charter of Liberties, and the Forest, and see all Castles built in the time of War Demo∣lished. [ E]

On the 16th of March in the same year, Llewellen Prince of North∣wales * 1.57 Received in Custody from Gualo the Popes Legat, the Kings Castles of Kaermarden and Kaerdigan with their Lands and all ap∣purtenances in the presence of Peter Bishop of Winchester, Wil∣liam Marescal Earl of Pembroke, and many other Bishops, Earls and Barons there named, and others not named, to hold and keep them [ F] for the King until he came at Age, and then they were freely to be delivered to him. He was to hold the Kings Courts in these Castles and Lands as the Kings Baylif, Deputy or Officer (ut Ballibus Do∣mini Regis) and do right to the English according to the English Law, and to the Welsh according to their Law: And for the performance of these things, he gave Pleges or Hostages, Mailgo the Son of Rese,

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and Rese the Son of Griffin, Mado the Son of Griffin, and Mereduc the Son of Ren.

This year also it was Ordained * 1.58 by the Council of the Kingdom, that no Chart, or Letters Patents conteining the Confirmation, Aliena∣tion, Sale or Donation of any thing in perpetuity, should be Sealed with the Kings Great Seal, until he were of full Age; and if any such Charts [ A] or Letters Patents were made and Sealed, they were notwithstanding to be void. This Ordinance is Witnessed by Gualo the Popes Legat, the Arch-Bishops of Canturbury and York, the Earl of Pembroke Pro∣tector, and Hubert de Burgh Justiciary, thirteen other Bishops, nine great Abbats, eight other Earls, and fifteen Barons, but not one ordinary person.

In the year 1219. the King kept his Christmass [6] 1.59 at Winchester: At [ B] that time William Mareschall the Elder Dyed, after whose Death, Peter Bishop of Winton was made the Kings Protector or Guar∣dian.

King [7] 1.60 Henry was at Christmass at Marlebergh, being still under the Protection of Peter Bishops of Winchester. At Whitsuntide fol∣lowing, being the 17th of May, and the fifth year of his Reign, he was Crowned again at Westminster by Stephen Arch-Bishop of [ C] Canturbury, in the presence of the Clergy and Laity of the whole Kingdom, (presentibus Clero & Populo totius Regni.)

King [8] 1.61 Henry at Christmass kept his Court at Oxford with the Earls and Barons of the Kingdom.* 1.62 At this time William Foret without the Kings knowledge left the Court, and went to the Castle of Biham, where after some few days, having gathered together some Armed men, he came in a Hostile manner to the Town of Tenham and [ D] plundered it; and caused the Grain of the Canons of Bridlington to be carried into the Castle of Biham; he likewise plundered the Town of Deeping with many other Towns, and by grievous Torments forced the Inhabitants to redeem themselves. It was said that Falcasius,* 1.63 Philip Mart, Peter de Malo Leone, and Engelard de Achie, were the chief Abbettors of this Faction; who privately sent him Armed men to di∣sturb the Peace of the Kingdom. In the mean time the Great Men of England (Magnates Angliae) met the King at Westminster to [ E] treat of the Affairs of the Kingdom (ut Tractarent de negotiis Regni) The Earl of Albemarle was Summoned, and pretending to come,* 1.64 went privately to the Castle of Fotheringey and took it, and having Forti∣fyed it with Armed men, he betook himself to Biham Castle: When the King and Council heard of this, a great Army was raised, and sent to Besiege the Castle of Biham;* 1.65 After some short time the Besieged seeing no hopes of relief or escape, submitted themselves to the Kings mercy on the 8th of February, who commanded they should be kept Prisoners [ F] till further order. The Earl of Albermarle was introduced to the King by the Arch-Bishop of York, and at the intercession of Pandulf the Legat, the King was reconciled to him,* 1.66 because he had faithfully served both the King his Father and him. All the Knights and other Horsemen or Servants (Milites omnes & Servientes) were set at liber∣ty without punishment or redemption, which gave incouragement to others to rebel, and to expect the same favor in the like Case.

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Gualo left England and * 1.67 returned to Rome in August or September in the year 1218. the 3d of King Henry; and Pandulph Elect of Nor∣wich succeeded him as Legate, and came to St. Pauls in London on the Monday after the Feast of St. Andrew next following.

The same year about the 8th of September, [9] 1.68 Lewelin King of Wales with a great Army Besieged the Castle of Buet, which belong∣ed [ A] to Reginald de Braiosa, who sent to the King and importunately craved his assistance: The King having raised an Army marched thi∣ther; But the Welch raised the Siege and fled at his approach: Then he marched toward Montgomery, where after he had plundered the Welch, and got forage for his Army, he * 1.69 built Montgomery Castle to hinder their incursions; for this Expedition the Great Men granted him a Scutage of two Marks of Silver of every Knights Fee (Conce∣dentibus Magnatibus de quolibet Scuto duas Marcas Argenti.) This year [ B] the [1] 1.70 Marriage between Alexander King of Scots, and Iohanna the Kings Eldest Sister was Solemnized at York the day after the Feast of St. John Baptist; At the same time and place Hubert de Burgh Married the King of Scots Sister. The two Kings met there to treat of this * 1.71 Marriage, and a stricter Alliance then was before between them, on the Monday Sevenight after Trinity Sunday, and the Ioynture made to this Ioan Queen of Scots, which was in Lands, to the value of One Thousand Pounds by the Year, bears * 1.72 [ C] Date at York on the 18th of June M.CC.XXI.

* 1.73In the Year 1222. the King [2] 1.74 kept his Christmass at Win∣chester, Peter the Bishop of that City provided all necessaries for him.

This year a great Ryot [3] 1.75 happened in the City of London, upon the following Occasion, A great Wrastling was appointed between [ D] the Citizens and the Countrey people near adjoyning, on St. James's day, wherein the Citizens were Conquerors; which was much stomached by the Steward of the Abbat of Westminster, he therefore appoints an other meeting at Westminster, on the 1st of August, to which the Citizens flocked in great Numbers; but found they had weapons, as well as men to contend withal, for the Steward and his Assistants being Armed, came upon them unawares, wounded many, and put the rest to flight. [ E]

The Citizens returned into the City meditating revenge, and met in great Numbers. Serlo the Major hearing of their tumul∣tuous proceedings, came to them, and advised them to make their complaint of the injury they had received to the Abbat of West∣minster, and if he would punish the Offenders to take that for sufficient satisfaction;* 1.76 But Constantine a man very popular among them, opposed this method, telling them, the Abbat and Steward de∣served [ F] to have their houses pulled down and levelled with the ground. This Counsel was approved of, and executed by the rabble to the great prejudice of the Abbat. When Hubert de Burgh the Justiciary had no∣tice of these Ryotous proceedings, he came to the City with some Troops of Soldiers, and Commanded the Principal Citizens should with speed come to him, of whom he inquired who were the

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Authors of this Sedition and Subverters of the Kings City,* 1.77 and who they were that thus dare presume to break the Kings Peace. Con∣stantine answered, They had done less then they ought to have done, and would stand to what they had done: Adding, The King had viola∣ted his Oath; whereupon Lewis justly refused to perform what was cove∣nanted between them. When the Iusticiary heard this Confession, he dismissed all but Constantine, and his Nephew,* 1.78 and one Geofry [ A] that proclaimed Constantine's Edict, whom he ordered to be hanged next day Morning. When the Rope was about Constantine's Neck, he offered 15000 Marks of Silver for Pardon, but to no purpose. When the Sentence had been pronounced without noise or the knowledge of the Citisens, Falcasius with a Guard carried him by Water upon the Thames to the place of Execution.

After this, * 1.79 the Iusticiary and Falcasius (i. e. Fawks de Breant) [ B] with a considerable Guard, went into the City; and whosoever he found Guilty of the Sedition he imprisoned, and caused either their Feet or Hands to be cut off, and then set them at Liberty; many fled for fear and never returned;* 1.80 and for a greater punishment to the City, the Kings turned out all the City Magistrates, and appointed new Prefects, Governors, or Officers in their place. (Rex in majorem vindictam omnes Ʋrbis Magistratus deponens, novos in Civitate constitu∣it Praefectos.)

[ C]

Not long after, the King * 1.81 named Thirty persons to be Security, and Hostages for the Good Behaviour, preserving the Peace, and faith∣ful Service of the City of London; The Vniversity or Community whereof, bound themselves to the King by a Chart, Sealed with their Commune Seal, to deliver them or more, to the King or Justi∣ciary, whenever they were called for, and if any of them dyed, to add others.

[ D]

On the 29th of January following, the King * 1.82 Let out to Farm to William Ionner Citisen of London, the Office of Chamberlan of Lon∣don, with all things belonging to it, for two years, at One hundred pounds a year, to be paid into the Exchequer, Reserving to himself the Prizes or Customs of Grey Work, (that is Grey Cloth) of Wax, and Silk Cloaths, to be delivered to the King for his own use, by the Hand of the Farmer.

[ E]

In the year 1223. the King kept his [5] 1.83 Christmass at Oxford,* 1.84 and on the 13th of January met his Barons at London in a Parlement or Conference (apud Lundonias veniens cum Baronibus ad Colloquium) where the Archbishop of Canturbury, and other Great Men (Et alii Magnates) Requested, that the King would confirm the Liberties and free Customs (Libertates & liberas Consuetudines) for which a War was made with his Father; urging moreover, that when [ F] Lewis departed from England, both he and all the Nobility of the Kingdom had sworn to observe, and cause to be observed those Liber∣ties, and therefore could not Rfuse to do it; William Briwere one of the Kings Counsellors replyed, That the Liberties they desired, were violenely Extorted, and therefore ought not to be observed; The Archbishop in a Passion reproved him, and said, if he loved the King he would not hinder the Peace of the Kingdom. The King [6] 1.85

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seeing the Archbishop moved,* 1.86 assured them, that he had bound him∣self by Oath to preserve their Liberties, and what was Sworn should be observed: And having called a Council, he forthwith sent his Letters to all the Sherifs of the Kingdom to make inquiry by the Oath of Twelve Knights or Legal Men in every County,* 1.87 what were the Liberties in England in the time of King Henry his Grandfather, and to make a return of them to London, Fifteen days after Easter.

[ A]

The Contents of the * 1.88 Writ it self, do in many things differ from this report of Mat. Paris, by which the Sheriffs were commanded to make diligent inquiry by the Oaths of Twelve of the most legal and discreet Knights of their Counties in a full County Court, what Cu∣stoms and Liberties King John his Father had, the day in which the War began between him and his Barons concerning Lands and other things, within Burghs and without, and cause them to be proclaim∣ed [ B] and observed in their Counties, and to cause the Inquisition and Writ to be returned to the King at Westminster on the Morrow of the close of Easter.

This year while William Mareschal [7] 1.89 Earl of Pembroke was busied in Ireland, Leolin King of the Welch, took Two of his Castles, and put all to the Sword that he found in them, and placed Welch-men in their room; The Mareschal having notice of what was done, [ C] returned with great speed into England, and forthwith Besieged these Castles, and retook them, and cut off the Heads of all the Welch-men, and then marched into Leolin's Countrey, and wasted all before him with Fire and Sword: Having totally defeated the Welch, He took and slew about 9000, few escaping by flight.

After this the same Lewelin, Prince of North-Wales, acknowledg∣ed by his * 1.90 Chart, Sealed with his Seal, and witnessed by many Bi∣shops, [ D] Earls, and Barons, That he had Sworn to give satisfaction to his Lord Henry King of England, and his People, within a reasonable time to be prefixed by the Archbishop of Canturbury, for the Damage done them by him and his People, from the day of the taking of the Castle of Kynardesly, unto the day of his Absolution, that is to say, Saturday the 7th of October, in the 7th year of King Henry's Reign; and for the performance hereof were bound with him Mereduc the Son of Robert, and many others. [ E]

This year about the First of August dyed [8] 1.91 Philip King of France; when King Henry had notice of it, he sent the Archbishop of Canterbury, with three other Bishops to King Lewis, to demand the restitution of Normandy,* 1.92 with all other his Transmarine Domi∣nions, according to his Oath when he left England; King Lewis [ F] answered, that he was justly possessed of Normandy and other Do∣minions, and was ready to make it appear in his own Court, if the King of England would come thither (Et ibidem juri parere) and stand to the Law;* 1.93 Adding that the King of England had violated his Oath, in putting those of his party he had taken at Lincoln to a a grievous Ransome; And also that those Liberties for which the War was begun, that were Granted and Sworn to at his departure, were not observed; when the Archbishop and the other Bishops could

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obtain no other Answer, they returned into England, and gave the King an Account of it.

This year the Great Men of [9] 1.94 England (Magnates Angliae) complained and murmured against Hubert de Burgh the Justiciary, alledging that he exasperated the King against them, and that he did not duely administer Justice. But that which more especially pro∣voked [ A] them was, That those Messengers he had sent to Rome were returned with a Bull from the Pope, directed to the Archbishops of England, and their Suffragans, declaring the King to be of full Age,* 1.95 and that all the Affairs of the Kingdom should be managed by him and his Council. The words of the Bull were as followeth, Quatenus Authoritate Apostolica denunciarent, Comitibus, Baronibus Militi∣bus, & aliis Vniversis, qui custodias habebant Castrorum, Honorum, & Villarum Quae ad Regis Dominium spectabant, ut contnuo visis Literis [ B] Regi illas redderent, contradictores autem per censuram Ecclesiasticam ad satisfactionem compellerent. That by Apostolic Authority they should declare to the Earls, Barons, Knights, and all others who had the Custody of the King's Castles, Honors, and Towns; That upon sight of these Letters they render them to the King: And whoever refused, they should compel by Ecclesiastical Censure. Notwith∣standing the greatest part of the [1] 1.96 Earls and Barons (although admonished by the Bishops) did not render up their several Trusts, [ C] but rather conspired together to put themselves in Arms, to disturb the Peace of the Nation, then give the King satisfaction in the pre∣misses.

In the year 1224. the King [2] 1.97 kept his Christmass at Northampton,* 1.98 together with the Archbishop of Canturbury and his Suffragans, and a great number of Military Men; But the Earl of Chester with his Conspirators, kept that Feast at Leicester, swelling against, and [ D] threatning both the King and the Justiciary, because he was requi∣red to deliver up to the King the Castles and Lands he had in his Cu∣stody. The next day the Archbishop with his Suffragans Excommu∣nicated all disturbers of the King and Kingdom, and Invaders of the Church, or its Rights, and gave notice to the Earl of Chester and his Complices, that unless the next day they resigned into the Kings hands all the Castles and Honors that belonged to the Crown, they should be all excommunicated by name, as the Pope had commanded. [ E] The Earl and those that were with him, fearing the Kings power,* 1.99 and dreading the Church Censures, came to Northampton, and submitted, and rendred the Castles and Honors that were in their custody into the King's hands; However, their indignation was not appeased, because the Iusticiary was not removed. The Authors [3] 1.100 of this disturbance were the Earl of Chester, the Earl of Albemarle, John Constable of Chester, Falcasius with his Castellans, Robert de Vipont, Brian de Lisle, Peter de Malo-Leone, Philip Marc, Ingelrard de Athie [ F] William de Cantelupo, and William his Son, and many others, which did very much endeavor to disturb the Peace of the King∣dom.

This year Lewis[4] 1.101 King of France gathered together a great Army, and went to Rochel, and offered them a great Summ of Money to Surrender the Town and Swear Allegiance to him. The Ro∣chellers

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seeing themselves * 1.102 forsaken by the King of England, consent∣ed, and delivered up the Town to the King of France, who placed a Garrison in the Town and Castle, and returned home without shedding one drop of Blood.

In the Octaves of Holy Trinity, the King at a Parliament [5] 1.103 at Northampton, met the Arch-Bishops, Bishops, Earls, Barons, and many others, to treat about the Affairs of the Kingdom, (Conve∣nerunt [ A] ad Colloquium apud Northampton, Rex cum Archiepiscopis, Episcopis, Comitibus, Baronibus & multis aliis de Regni negotiis tractaturi.) The King being willing to take the advice of his Great Men, (uti consilio Magnatum) concerning his Dominions beyond Sea, which the King of France had in his possessions. But the following Rebellious Practice broke those measures. Martin de Pateshulle, Thomas de Muleton, and Henry de Braibo, the Kings Iusticiaries at Dunstable, had set a very great Fine upon Falcasius de Brent for [ B] the Rapine and Spoyls he had committed. As soon as he heard of it, he Fortified his Castle at Bedford, and sent out some Armed men to take the Iusticiaries and bring them Prisoners to Bedford:* 1.104 But ha∣ving notice of his Design, two of them made their Escape, and Henry de Braibrock was taken and imprisoned in the Castle.

[6] 1.105The King and the Council being highly displeased at this insolence and injury offered to his Justiciary; it was unanimously resolved to [ C] lay all other business aside, and by force and Arms to reduce the Castle. But first the Kings Messengers summoned them to Surrender, and were answered by William de Brent, Falcasius his Brother, They did not look [7] 1.106 upon themselves obliged to deliver it unless commanded by their Lord Falcasius; because they were not bound by Homage and fealty to the King. The King being enraged at this Answer, ordered the Castle to be Besieged,* 1.107 and threatned (if taken by force) not to spare one man. The Arch-Bishop and Bishops Excommunicated Falcasi∣us, [ D] and all that were in Garrison in the Castle. But neither the Kings threats, nor Ecclesiastical Censures could prevail with them to yeild; After many Assaults the Kings Soldiers entred the Castle.

Many were slain and wounded, and the rest submitted to the Kings mercy, [8] 1.108 whereof Twenty Four were Hanged for their insolence to the King after the Castle was taken; Falcasius beforehand had made his Escape out of the Castle, and fled into Wales, but by the in∣tercession [ E] of Alexander Bishop of Coventry [9] 1.109 he was introduced to the King, where falling down at his feet, he implored his mercy, urging his Services to the King and his Father in times of Hostility. Then the King by the advice of his Council, having first taken from him his Castles, Lands, and Goods, committed him to Custody of Eu∣stachius Bishop of London till further Order, and caused the * 1.110 Castle to be Demolished, but gave the houses and ground to William de Beau∣champ. After this the Parliament granted to the King 2 shillings of [ F] every Plough Land; and the King granted to the Great men Scutage, two Marks Sterling of every Knights Fee, to be levyed of their Te∣nants.[1] 1.111

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In the year 1225. King Henry [2] 1.112.* 1.113 kept his Christmass at Westmin∣ster (Praesentibus Clero & Populo cum Magnatibus Regionis) The Clergy and Laity and the Great Men of the Kingdom being present; In this full Assembly Hugo de Burgh the Kings Justiciary in the pre∣sence of the Archbishops, Bishops, and Earls, Barons, and all others (Coram Archiepiscopis, Episcopis, Comitibus, Baronibus, & aliis Vniversis) declared the Damages and Injuries the King su∣steined [ A] in his Dominions beyond Sea, wherein not only the King, but also many Earls, and others were outed of their Possessions; And see∣ing many were concerned, the Assistance ought to be proportionable; therefore he required their Counsel and Ayd, That the Royalties of the Crown, and their Antient Rights might be recovered, for the re∣trieving of which, He thought the Fifteenth part of all Moveables,* 1.114 both of Ecclesiastics and Laic's might be sufficient. This being pro∣pounded [3] 1.115 the Archbishop and all the Bishops, Earls, and Barons, [ B] Abbats and Priors, after some deliberation, returned this Answer to the King; They would readily gratify his desires, if he would Grant to them their long desired Liberties, (Si libertates din peti∣tas concedere voluisset.* 1.116) The King agreeing to what the Great Men desired, Charters were forthwith Writ, and Sealed with the King's Seal, and one directed to every County in England. And to the Coun∣ties in which there were Forests, Two were directed; One concern∣ing their common Liberties, the other concerning the Liberties of the [ C] Forest: The tenor of these Charters, is to be found in the History of King John, both being exactly alike. A Moneth after Easter a day [4] 1.117 was set to choose Twelve Knights and Legal Men, (Duodecim Milites & Homines Legales) who upon Oath should distinguish the new Forests from the old ones; and what ever Forests were found to be made after the first Coronation of Henry the Second, were forth∣with to be Disforested: The Council being ended, Charters were carried to every County, and by the Kings Command every one sworn [ D] to observe them. The way and manner of Levying this Fifteenth, was directed by the King, and because it was very particular, and worth noting, how Fifteenths were taxed in those times; the Re∣cord it self is Printed in the * 1.118 Appendix.

On Candlemass-day following, the King [5] 1.119 Knighted his Brother Richard, and Ten Noblemen with him, and made him Earl of Corn∣wal and Poictou; In the Spring he sent him, accompanied with [ E] William Earl of Salisbury, Philip de Albiney, and Sixty Knights into Gascoigny, who arrived at Burdeux on Palm-Sunday, and was Honorably received by the Archbishop and Citizens. Then Richard opened the Kings Letters, in which he desired (Omnes Homines & Fideles sui de Regionibus illis) All his Men, and those that had sworn Allegiance to him, in those Countreys, should give Ayd and Advice to his Brother Richard, for the recovery of his lost Dominion. Upon this a great many Knights and Soldiers resorted to him, and recei∣ved [ F] Wages from him. Then he marched with a great Army through all Gascoigny, and seised the Castles, of such as refused to do Ho∣mage and swear Fealty to King Henry, and wherever he met with opposition, he reduced them by force; and in a short time subdued all that Countrey, having first obtained a great Victory over the Earl of Marh, who was sent by the King of France to raise the Siege of Reole Castle.

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Rigord * 1.120 tells this Story otherwise, and the later French Histori∣ans follow him, He says that Lewis sent an Army under the Command of his Marshal to raise the Siege, and that when Earl Richard had notice of its coming to the River Garonne, he raised it, and shipped himself and Men, and went for England.

[ A]

In March following [6] 1.121 the Great Men met the King at Westmin∣ster at a Parlement or Conference (Convenerunt apud Westmonasteri∣um ad Colloquium Rex & Magnates sui) where the King Com∣manded Sentence should be given against his Traytor Falcasius; what was to be done to him, the Nobility agreed with the King in this, (Proceres in hoc cum Rege consenserunt) That because both his Father and he had done faithful Service to the Crown many years, [ B] he should lose neither Life nor Limb;* 1.122 but should for ever abjure the Kingdom; Whereupon the King commanded William Earl of Warren safely to conduct him to the Sea, and as he entred the Ship, he adjured the Earl with Tears in his Eyes, to let the King know, that what ever he had done,* 1.123 was by the contrivance and incourage∣ment of the Great Men of England; so he passed over into Norman∣dy only with Five Servants or Horsemen, and assoon as he landed, he was taken and delivered to the King of France, where he was [ C] Sentenced to be hanged for the injuries he had done the French; But purging himself by Oath, and having taken upon him the Crusado, he was dismissed, and went forthwith to Rome, and with his Clerc Robert Pastelewe, was presented to the Pope.

The same year about Easter, [7] 1.124 Hugo de Nevill, and Brian de Lise, with others, were sent by the King through England, to [ D] cause Twelve Knights, or Free and Legal Men (Duodecim Milites vel Liberos & Legales Homines) to be chosen in every Province or County of the Forests,* 1.125 to walk the bounds of them, and by Oath of those that lived therein, to find out which were the Antient Forests, and which were to be Disforested. The Kings Command was in a short time Executed, but not without some opposition, every one using the Liberties that were granted; They sold their own Woods, Hunted in them, and stubbed up, and ploughed such of them as were disfo∣rested at pleasure. The Great Men, the Knights, and Free Tenents, [ E] made such use of the Common Liberties, that not one tittle contained in the Charter was pretermitted. Communibus libertatibus Magnates Milites, & libere tenentes adeo usi sunt, (quod nec Iota unum in Regis Charta Contentum extitit praetermissum.)

[ F]

This year [9] 1.126 came forth a Decree from the Archbishop, and his Suffragan Bishops, that the Concubines of Beneficed Priests and Clerks within Orders, (Infra sacros ordines constituti) should be denied Christian Burial, unless they repented whilest in health, or gave such testimonies of their penitence at the hour of death, (in extremis earum) as to deserve a Dispensation; And also so long as the Priests [1] 1.127 kept them in their Houses or Publickly out of their Hou∣ses,

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they should be denyed (the a. 1.128 osculum pacis, & panem. b. 1.129 be∣nedictum) The Kiss of Peace, and Blessed Bread.

And also that after Childbirth they should not be Churched, till they had given sufficient Security to the Arch-deacon or his Official, to make satisfaction the next c. 1.130 Chapter after their Churching. All Priests in whose Parishes any such Concubines dwelt, if they did not [ A] give notice to the Arch-deacon or his Official, were to be suspended, and not to be Absolved without some severe penance. And if it could be proved a Priest had carnally [2] 1.131 known his Concubine, He should do publick and solemn Penance: And if she were convicted of Adultery she was to be doubly punished, lest impunity in so great guilt, should give incouragement to others to offend in like manner.

This year the Pope sent Otho [3] 1.132 his Legate into England with [ B] Letters to be delivered to King Henry, which when he had read and understood the tenor of them, He answered the Legate, that he nei∣ther could or ought to determine any thing that generally concerned the Clergy and Laity of the whole Kingdom. Then by the Advice of the Archbishop, He appointed on the Octabes of Epiphany, to meet his Clergy and Laity at Westminster, to Treat upon the afore∣said business.

Then the Legate moved the King in behalf of Falcasius, urging [ C] the great and faithful Services both to him and his Father in the late Wars. The King replyed, that his Sentence passed,* 1.133 and he was condemned to perpetual banishment by the whole Clergy and Laity of the Kingdom by the Judgment of his Court (Ab omni Clero & Populo Regni per Judicium curiae suae). And altho the Government of the Kingdom (Cura Regni) did more especially belong to him; yet he ought to observe the good Laws and Customs of the Land. When the Legate heard this, he forbore solliciting the King any further for [ D] Falcasius. Then the Legate [4] 1.134 took of every Conventual Church Two Marcs of Silver for Procurations.

In the year 1226. King Henry [5] 1.135 kept his Christmass at Win∣chester, some Bishops, and many of the Great Men being present. When the Solemnity was ended, the King went to Merleberge, where he was taken desperately ill, and continued so for many days; In the mean while the Feast of St. Hilary the prefixed time was come, [ E]

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That the King, with the Clergy and Great Men (Cum Clero & Magnatibus Regni) of the Kingdom, were to hear the Message from the Ppe. But however, according to the King's appointment, many Bishops with other Prelates, and a great number of the Laity met at Westminster on that day.

Then the Legate opened his Letters, wherein the Pope complains, That it was an Antient Scandal and Reproach cast upon the Church [ A] of Rome, That nothing could be transacted without great sums of Mo∣ney, and plenty of Gifts; And seeing that which caused this Infamy was her poverty, it became Dutiful Children to supply their Mothers wants,* 1.136 which might easily be done, if out of every Cathedral Church two Prebendaries might be set apart for this purpose, One by the Bishop, the other by the Chapter; And also out of every Mona∣stery where there is an Abbot and Convent, One Monks Portion from the Convent, and as much from the Abbot; and perswaded the Pre∣lates [ B] to Consent to what the Pope desired.

[6] 1.137 When the Bishops and other Prelates had heard this Proposal, after some deliberation they gave their Answer by John Arch-Dea∣con of Bedford, who in the presence of the Legate, replyed, That what was proposed, concerned the King specially, and generally all Patrons of Churches in England, besides Archbishops, Bishops, and innumera∣ble Prelates; And seeing the King upon the Account of his infirmity, [ C] and some Archbishops, Bishops, and other Prelates were absent, they neither could nor ought to give an Answer which might tend so much to their prejudice. Then came John Mareschal, and other Messen∣gers from the King to the Prelates which held Baronies of the King in Capite, strictly forbidding them, from obliging their Lay-Fees to the Church of Rome, lest he should thereby lose his accustomed Ser∣vice. Then the Legate desired another day might be appointed in Mid-Lent, and he would take care, the King and the Prelates who [ D] now were absent, should be there. But neither would they admit of this, without the [7] 1.138 Kings Consent. So they all went to their own home.

At the same time [8] 1.139 Romanus was by the same Pope sent Le∣gate into France upon the like occasion; when he called an Assem∣bly of the Clergy at Bourges, he finding the Popes Demands would be opposed by them, craftily dismisses the Procurators of the Con∣ventual [ E] Churches, imagining they should find a ready acceptance a∣mong the Archbishops, Bishops, Abbats, and Prelates. When this contrivance was perceived by the [9] 1.140 Procurators, they sent to the Legate Procurators of all Cathedral Churches, who told him, they heard he had special Letters from the Court of Rome, to have Two Prebendaries assigned in every Conventual Church; wherefore they much wondered, seeing it more specially concern'd them, it was not propounded while they were present; Adding, that they were ve∣ry [ F] sensible it would be a great and an inestimable damage to the Gal∣lican Church, and could never be effected, seeing the King, the No∣bility, and generally all his Subjects were resolved to oppose it (us{que} ad expositionem Capitis, & omnis honoris privationem) even to the loss of Life and Honor; especially when it hazzarded the subversion both of the Kingdom and Church. When the Legate heard their thoughts,

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he then shew'd them the Popes [1] 1.141 Bull, urging them to a complyance▪ upon the same reasons Otho the Legate offered to the English Clergy: To which the Archbishop of Lyons [2] 1.142 gave such a full and satisfacto∣ry Answer, that the Legate professed he never consented to these ex∣actions, but received these Letters after his entrance into France; ad∣ing he would urge nothing more, until he saw what the Prelates in other Kingdoms had done in this business.

[ A]

The same year Otho the Popes Legate [3] 1.143 came into Northum∣berland in Lent, to Collect the Procurations that were in Arrear; He soon after (by the procurement of the Archbishop of Canturbury was revoked by the Pope) and an Injunction was laid upon the Arch∣bishop (Ʋt Convocatis Rege & omnibus Angliae Prelatis.* 1.144) The King and all the Prelates of England being Assembled to receive their An∣swer upon the business Otho was sent, and to transmit it to him. [ B] Then the King, after Consultation with the Prelates, and some of the Great Men, returned this Answer [4] 1.145 That though what the Pope urged concerned the Vniversal Church, yet he was ready to follow the example of other Kingdoms, and would see first what they did; and with this Answer the Assembly was dismissed.

The King was very * 1.146 sollicitous about his Brother Richard and his affairs in Gascoigny, and much desired to pass over thither with some force: But while he was thus thoughtful concerning them, [ C] an Express came from his Brother, That he was well, and all things secceeded prosperously there; if so, Rigord and others were much mi∣staken, in affirming that he unsuccessfully returned into England.

This year in September dyed Lewis [5] 1.147 King of France, at the Siege of Avignion, and his Son Lewis was [6] 1.148 Crowned at Paris the 30th of November following.

[ D] In the year 1227. King Henry [7] 1.149 kept his Christmass at Reading, but soon after came to London, and accused the Citizens for giving 5000 Marks of Silver to Lewis the late King of France, at his departure out of England, and compelled them to pay the same sum to him, and Levyed, besides the Fifteenth part of all their Move∣ables and Goods, as it had been granted unto him by the whole Nation: From the Burgesses of Northampton, he took for an Ayd 1200 l. besides the Fifteenth, which all other People paid. The Religious and Be∣neficed [ E] Clerks were forced to pay the same, as well out of their Ec∣clesiastick as Lay-Goods. Their Appeal to the Pope did not avail them any thing; for those whom the Kings Authority could not, the Pa∣pal Power by Ecclesiastical Censure forced them to pay.

In February following the King [8] 1.150 called a Council at Oxford, where He declared that He was then of * 1.151 full Age, and would take the management of Publick Affairs into his own hands, and by the [ F] Advice of Hubert de Burgh his Justiciary, he removed from his Court, Peter Bishop of Winchester, His Protector in his Minority; In the same Council He Cancelled and Voided all the Charters of the Forests in every County, which for two years before had been ob∣served in the whole Kingdom; alledging that what was then done was in his Minority, (Cum nec sui Corporis aut Sigilli aliquam potesta∣tem habuerit) when he had no power of his Person or Seal, and up∣on

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that account was invalid.* 1.152 This occasioned great Murmurings, every one accusing the Justiciary, and looking upon him to be the Author of this disturbance, because the King was wholly guided by him. Soon after the [9] 1.153 Religious, and all others had notice, that if they would enjoy their Liberties, they should renew their Char∣ters, otherwise the Old ones should be no advantage to them; and what they were to pay for them, was left to the discretion of the Justiciary. [ A]

This year Dyed [1] 1.154 Pope Honorious, and Gregory the Ninth, Bi∣shop of Hostia succeeded him March 18th.

About Easter the Arch-Bishop of York, the Bishop of Carlile, and Philip de Albiney returned from beyond Sea; They were sent to the Great men of those Countries, which of Antient * 1.155 right belonged to the King of England; And were to induce them by large promises to [ B] receive King Henry and Acknowledge him their Natural Lord. But the King of France, by his Mothers Contrivance made Peace with those Barons, and had received their Homages, before King Henry's Messengers came thither, so they returned without effecting any thing; In May following Richard the [2] 1.156 Kings Brother came into Eng∣land and was joyfully received both by the King and the Great men. This year Hubert de Burgh the Justiciary was made Earl of Kent by the King, and by Cincture, with the Sword of the County. [ C]

In the same year on the 9th of July a great difference arose between King [3] Henry and his Brother Richard Earl of Cornwall upon this occasion; King John had given to Waleran Castellan of Bercham∣sead a German, a Maner that belonged to the Earldom of Cornwall; which when Earl Richard understood, he seized it, until Waleran made out by what right he claimed it. As soon as Waleran had no∣tice of it, he made his complaint to the King, whereupon the King [ D] sent to his Brother, forthwith upon sight of his Letters to render the Maner to Walran. Earl Richard in great hast went to the King, and pleaded his right to the aforesaid Maner, offering to stand to the Judgment of his Court (& Magnatum Regni) and of the Great men of the Kingdom; The King and the Justiciary hearing him name the Great men, were highly enraged, and commaded him either to yeild the Maner, or for ever depart the Kingdom; to which Earl Ri∣chard replied, That he would neither part with the Maner, nor leave the [ E] Kingdom (sine judicio parium suorum,) without the Judgment [4] 1.157 of his Peers, and forthwith made what hast he could to his own House. The Justiciary when he heard his Answer, fearing he might Disturb the Peace of the Kingdom, advised the King to Secure him, and set a Guard upon him. The Earl having notice of this Design, went imme∣diately to Redding, and from thence to * 1.158 Merleberg, where he met with his Friend and Sworn Confederate William Mareschall, to whom he declared what passed between the King and him; together they went [ F] to the Earl of Chester and gave him an account what had happened; from thence they went to Stamford, where in a short time accor∣ding to appointment met with Horse and Arms, Ranulph Earl of Chester, William Mareschall, Richard Earl of Cornwall, Gilbert Earl of Glocester, William Earl of Warren, Henry Earl of Here∣ford, William Earl of Ferrars, William Earl of Warwick, with

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many Barons and a great multitude of Armed men,* 1.159 who entred in∣to a Confederacy to force the King both to satisfie for this injury that was done to his Brother Richard, which they imputed to the Iusti∣ciary, and to restore those Charters of Liberties lately cancelled at Oxford, Sealed with his own Seal. Upon this the King appointed them to meet him at Northampton the 3d of August, where he gave all his Mothers Ioynture to his Brother Richard, the Great men ur∣ging [ A] it, together with all the Lands that belonged to the Earl of Brit∣tain in England, which were the Earl of Bologn's lately Deceased; so every one departed peaceably and satisfyed.

In the year 1228. the King [5] 1.160 kept his Christmass at York; but soon after came directly to London: In his journey he found the Mea∣sures of Grain, Wine and Ale to be false: He commanded some of them to be broken, and the rest to be burnt, and ordered others of a [ B] larger size to be made, and the weight of bread to be increased; and Commanded the Offenders to be severely fined.

This year July 9th Dyed [6] 1.161 Stephen Langton Arch-Bishop of Canturbury, and the Monks of Canturbury obteined leave of the King to choose one of their own Church: They having made choice of Walter de Hemesham, presented him to the King, who refused to accept him, both because his Father was hanged being Convicted of [ C] Theft, and also because in the time of the Interdict, he had appeared against his Father King John. The Suffragan Bishops of Canturbury refused to accept him, because he had corrupted a Nun, and had Chil∣dren by her, and also because he ought not to be chosen without them. Both sides apply themselves to the Pope, One to get the Election confirmed, and the Other to hinder it. When the Pope saw both parties vigorously prosecuted their Suit, by the Advice of his Cardinals he determined nothing, but put it off till the Day after Ash-wednesday [ D] following.

In August following the Knights and Soldiers that were in Mont∣gomery Castle, [7] 1.162 by the Assistance of the Country people designed to make the way through an adjacent Wood, more passable and se∣cure for Travellers; and when they were at work in clearing the Thickets, the Welch on a sudden came upon them, killed some and forced the rest to retire into the Castle, and presently besieged it. [ E] When King Henry had notice of it, he and the Justiciary (to whom the King had given the Castle) came speedily with a small Army and raised the Siege. When he had received additional Forces, he Mar∣ched towards the aforesaid Wood: And having cleared the way by great labour and burning so far as to a Religious House called Cridie, the Receptacle of the Welch, he commanded it to be Fired.* 1.163 When the Iusticiary upon view of the place found it to be of an Impregnable Situation, commanded a Castle to be built there: But all the time [ F] it was in building, the Workmen were frequently interrupted, and many killed by the Welch, and the King finding many of his own Ar∣my inwardly favored Leolin, was forced to make a disadvantagious Peace, whereof this was one Article; That this Castle should be de∣molished, and Leolin should give the King for his charges three Thou∣sand Marks.

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* 1.164In the year year 1229. the King [8] 1.165 kept his Christmass at Oxford, the Great Men being with him; while he was there the Archbishop of Burdeaux came to him from the Great Men of Gascoigny, Aquitan, and Poictou, and also Messengers from Normandy to sollicite the King to come in person into those Countreys, assuring him that they would be all ready, with Men, Horse and Arms to assist him in reco∣vering his antient Inheritance, (Ʋt posset revocare amissas Haeredi∣tates.) The King by the advice of his Justiciary, (whose Counsel he [ A] he followed in all things) Answered them, he could not comply with them at present, but would wait for a more convenient opportunity. So the Messengers returned without any other Answer.

[9] 1.166 Alexander Bishop of Chester, Henry Bishop of Rochester, and Master John de Houghton Arch-Deacon of Bedford, the Kings Mes∣sengers at the Court of Rome, according to appointment attended on [ B] Ash-wednesday for the Popes determination, concerning the Elect of Canturbury; But finding both the Pope and the Cardinals very difficult to be prevailed upon by Petitions, promised on the King's be∣half (Ex parte Regis) a Tenth of all Moveables from all England and Ireland to be paid to the Pope toward his carrying on the War against the Emperor. The Pope joyfully embraced this offer, and forthwith caused the Election made by the Monks to be [1] 1.167 voided, and Richard Chancellor of the Church of Lincoln, was promoted by [ C] the Pope to the Archbishopric, without Election, by the consent of the King and the Bishops, and his Election confirmed by the Pope.

This year the Pope sent his Chaplain [2] 1.168 Stephan into England, to Collect the Tenths that were lately promised, towards the defray∣ing the charges of his War against Frederic the Emperor. Assoon as the King understood his Message, He [3] 1.169 caused the Archbishops, Bishops, Abbats, Priors, Templars, Hospitallers, Earls, Barons, [ D] Rectors of Churches, (Et qui de se tenebant in Capite) and those which held of him in Capite, to meet him at Westminster (* 1.170 Domni∣ca qua cantatur Misericordia Domini) to treat upon the above-men∣tioned business and other Exigencies. When they were met, Ste∣phan▪ opened and recited to them the Popes Letters, urging both the Occasion, Necessity, and Expediency, which required, that what was promised by the Kings Messengers, should be consented to, and Granted. When he had ended his Speech, all expected the King [4] 1.171 [ E] would have opposed it, but he being tyed up by the fore-mentioned promises, (Factus est Baculus arundineus cujus fragmenta vulneraverunt in se confidentes) became like a broken Reed, which wounded those that leaned upon it, by his Silence seemed to consent. But the [5] 1.172 Earls and Barons, and all the Laity opposed it, resol∣ving they would not oblige their Baronies, and Lay-Fees to the [ F] Court of Rome. But the Bishops, Abbats, Priors, and other Pre∣lates, after three or four days deliberation, and no small reluctancy, consented, least (if they opposed,) they should incurre the Sentence of Excommunication.) Then Stephan [6] 1.173 shewed them the Popes Letter, whereby he was Commissionated to Collect the aforesaid Tenths, which were to be paid out of all their Profits whatever, without any deductions either of Debts or Expences, and was impowred to Ex∣communicate whoever refused; and also to interdict their Churches: And because the business required speed, he gave notice to the Pre∣lates

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that they should forthwith pay down what was due upon the Tenths, and afterwards levy it upon every one by way of Tax, which Exaction proved so grievous, that they were forced either to Sell [7] 1.174 or Pawn their Vestments, Chalices, and other holy Vessels belonging to their Churches. Moreover, he exacted the Tenths of the Autumnal fruits of the Earth while they were yet in the Bud; All which they were forced to procure and pay to avoid Excommunication, and Inter∣dict. [ A] And for the more ready raising of Money, he brought with him certain wicked Ʋsurers, (quosdam foeneratores nequissimos) who supplyed the Indigent with money, which they were compelled to borrow, although they were thereby irrecoverably ruined. Ranulph Earl of Chester [8] 1.175 was the only Man that opposed this Exaction, not permitting any Religious Man, or Clerks, upon his Lands to pay any of the above-mentioned Tenths, notwithstanding they were paid every where besides in England, Wales, Scotland and Ireland.

[ B]

The same year on Michaelmass Day, the King [9] 1.176 caused the whole Nobility of England, viz. the Earls, Barons, and Knights to meet together at Portsmouth, (congregavit apud Portesmue totam Nobilita∣tem Regni Angliae, Comites, videlicet Barones, & Milites) with such a great Number of Horse and Foot, that none of his Predecessors ever gathered so great an Army together. The King intended to pass over Sea to recover those Dominions his Father had lost. But when [ C] the Chiefs and Mareschalls of the Army came to Victual the Ships, there were not enough to carry over one half of the Army. When this came to the Kings knowledge he was highly enraged, and laid the whole blame upon [1] 1.177 Hubert de Burgh his Justiciary, and open∣ly called him Traytor, reproaching him for receiving 5000 Marks from the Queen of France to put a stop to his design; at length the King was raised to such a height of passion, that he drew his Sword and would have Killed the Iusticiary, had nor Ranulph Earl of Chester, [ D] and some others interposed, and prevented it. On the 9th of October following, Henry Earl of Brittain landed in England, to conduct the King over Sea, as he was bound by former Agreement and Oath, who advised the King to lay aside all thoughts of passing over Sea till Easter following, because it was dangerous Sayling, and a Winter Voyage might be to his loss. Upon this the King gave [2] 1.178 every one liberty to go home again, and the Justiciary was reconciled to him. Then that Earl did Homage to the King (contra omnes homines de Bri∣tannia) [ E] against all men of Brittain, and the King restored to him all his right in England, and having given him 5000 Marks for the de∣fence of his own Dominions, he dismissed him.

In the year 1230.* 1.179 the King [3] 1.180 at Christmass held his Court at York with the King of Scots, who was invited thither together with the Archbishop of the place, Earls, Barons, Knights, (Et familia magna nimis) and an over great multitude of their followers. Ha∣ving [ F] celebrated the Festivity with great joy and liberality for three days the King of Scots returned into his own Country, and the King of England to London.

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This year [4] 1.181 the Arch-Bishops, Bishops,, Abbats, and Priors, throughout all England gave the King a great Summ of Money for the recovering his Rights which were taken from his Father beyond Sea; And upon the same Account the Citisens of London were put to a grievous Redemption, and the Jews forced to pay the third part of all their substance.

On Easter following, the King [5] 1.182 gathered together a very great Army of all that ought him Military Service at Reding; and Mar∣ched from thence to Portsmouth the 30th of April, and there took Ship with the greatest part of his Army, and Landed at St. Malo on the 3d of May. He was very kindly received by the Earl of Brittain, who delivered up to him the strong Towns and Castles of that Country, and many of the Nobility did Homage, and Swore Fealty to him; [ B] But Andrew de Viteri with some others refused, and fortified their Castles. As soon as the King of France heard of this, he raised an Army and came to Anou, and posted himself there to hinder King Henry's March into Poictou, who continued yet at Nants expecting the residue of his Army.

About this time [6] 1.183 there happened a great discord among the French Nobility, many of them (as was reported) being Confederated [ C] with the King of England, and Earl of Brittain, the chief of which were the Duke of Burgundy, the Earl of Bologne, the Earl of Drius, the Earl of Mascu, the Earl of St. Paul, the Earl of Bar,* 1.184 Engeram de Curci, and Robert de Courteney, these declared War against the Earls of Champagne and Flanders, and having been forty days in the Siege of Anjou, obteined leave of their King and returned home; The King seeing he could not keep them there, pre∣sently followed, and endeavoured to make Peace between them, and [ D] the Earls of Champagne and Flanders, but could not; They entred Champagne and destroyed all before them with Fire and Sword:* 1.185 The Earl raised an Army to oppose them, but was soon defeated and put to flight, whom they persued to the Gates of Paris. [7] 1.186 That which moved these Great men so much against the Earl was, That they sus∣pected him to have a hand in poysoning King Lewis at Abignion, of which they had accused him before the young King, and challenged him to answer it by Duel; But through the powerful influence of the [ E] Queen the Kings Mother, he would hear nothing against him. Here∣upon they left the Court, and occasioned great Commotions in France, disdaining to have such a Mistress as had polluted herself with the unchast actions both of this Earl and the Popes Legat.

While King Henry and William Marshal were busied in France, [ F] [8] 1.187 the Irish thought they had a fair opportunity to rid themselves of the English, gathered a great Army under the Conduct of the King of Connaught, who ravaged and destroyed with Fire and Sword the King of Englands Country. When Gaufrid de Marisco the Kings Justiciary in those parts, heard what they had done, by the assistance of Walter de Lasci,* 1.188 and Richard de Burgh raised an Army, and by Stratagem defeated them, and slew 20000 of them, and took their King and kept him close Prisoner.

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About the same time [9] 1.189 Fulco Paganel, and William his Brother, Noblemen of Normandy, came to King Henry in Brittain, and swore Fealty, and did Homage to him; and also about Sixty Knights, stout and powerful Men, who perswaded him to enter Normandy with an Army, and he should not in the least doubt suc∣cess. [ A] The King liked the Advice, but Hubert de Burgh the Iusti∣ciary would not suffer him to follow it, alledging the Attempt to be every way dangerous;* 1.190 So these Noblemen went away miserably disappointed; for the King of France forthwith seized their Castles and Estates.

After this, by the [1] 1.191 advice of Hubert de Burgh, the King marched with his Army through Anjou into Poictou, and from thence into Gascoigny, where having received their Homages, and [ B] secured the Countrey, he returned into Poictou, and received the Ho∣mages of many persons; in this Cavalcade, he took the Castle of Mirebean.

In the Month of * 1.192 September, the King of France and his Mother met at a Parlement or Conference (Convenerunt ad Colloquium, &c.) with the Honorable and Great Men of that Kingdom, who after the death of the Kings Father had made War one upon another; in which [ C] Treaty, Peace was made upon the following Conditions, First, That the Earl of Champaigne, the principal Author of this Discord, should undertake the Croysado to the Holy-Land, and there with an Hun∣dred Knights fight against the Enemies of Christ. Secondly, That the King of France and his Mother should swear upon the Holy Gos∣pels, That they would restore to every one their Rights, and that they would Judge all Men of that Nation according to right Custom or Law, due to every Man.

[ D]

In the mean time King [2] 1.193 Henry with his Army lay idle at Nantes doing nothing but spend his Treasure. The Earls and Barons seeing Hubert de Burgh would not permit them to fight with their Ene∣mies, Feasted according to the English manner, and invited one an∣other, and Drank as if it had been Christmass; Those which were poor, having spent all their Money, Sold or Pawned their Horse and [ E] Arms: At length the King in October having provided for the defence of that Land, left 500 Knights, and 1000 Stipendiary Servientes, or Horsemen, under the Command of Ranulph Earl of Chester, Wil∣liam Marshal, and William Earl of Albemarl, shipped himself and Landed at Portsmouth on the 26th of that Month.

After the Kings departure [3] 1.194 the Earl of Chester and others whom he had left the Chief Governors of his Army, made an Incursion with [ F] the whole Army into Anjou, and took Gontier Castle, demolished it, and burnt the Town▪ and soon after entred Normandy in like man∣ner, and took the Castle of Pontorsun, and levelled it with the groud, and burnt the Town; they returned into Britain with great spoils, without any loss to themselves.

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* 1.195 In the year 1231. [4] 1.196 The King at Christmass kept his Court at Lambeth, and on the 26th of January He met his Prelates and Great Men at Westminster, (Convenerunt ad Colloquium apud West∣monasterium Rex cum Prelatis, & aliis Magnatibus Regni) where the King required a Scurage, three Marks of every Knights Fee, of all that held Baronies of him, whether Laics or Prelates. But Ri∣chard Archbishop of Canturbury, and some Bshops opposed it, al∣ledging [ A] that Ecclesiasticks were not to be Taxed, by, and with Lay∣men, for that in Transmarine Countreys, Scurage was Granted by Laics without them; However, all the rest, as well Laics and Clercs, as Prelates, readily submitted to the King's pleasure.

Soon after the Archbishop of Canturbury [5] 1.197 complained to the King that Hubert the Justiciary had possessed himself of the Castle and Town of Tonebridge, and other Lands that belonged to the late [ B] Earl of Glocester, deceased, for which Homage was due to the Church of Canturbury: To whom the King replyed, That the above∣mentioned Earl held of him in Capite, and that it was his Preroga∣tive to dispose of the Wardships of Earls and Barons, and of their Heirs, to whom he pleased, till they should come to full Age. When the Archbishop could obtain no other Answer, He Excommunicated all that had entred upon the aforesaid possessions,* 1.198 and also every one (except the King) that should converse with them, and then went [ C] to Rome to prosecute his Suit in that Court; The King likewise sent Roger de Canteln with some others, to plead his Cause before the Pope. This year at Easter Richard the Kings Brother Married Isa∣bel Countess of Glocester, Sister to William Marshal Earl of Pem∣broke; which William dyed immediately after that Solemnity.

This year in May the [6] 1.199 Welch under their King Leolin made ma∣ny Incursions and great spoils upon the Borderers of Wales, sparing [ D] neither Sacred Persons nor Places; when the Bishops and Prelates heard of it, they Excommunicated Leolin and all his Favorers, and Abettors; and the King having raised an Army to repress them, built Maud-Castle, which the Welch had formerly demolished, and placed a strong Garrison in it, to hinder their incursions: Having finished this Castle in October, he returned into England, Ibid, fol. 370. n. 30.

[ E]

This year in June [7] 1.200 the King of France with a great Army designed to invade Brittain; but was prevented by the Earls of Brittain and Chester, who had prepared an Ambush to intercept the Carriages of his Army, with the Victuals and Engines, which so effectually succeeded, that they took and destroyed them all. The French being thus surprized and discouraged, a Truce was agreed up∣on and concluded for three years, between the two Kings. On the King of France his part by the Archbishop of Rhemes, and Earl of [ F] Bologne; and on the King of Englands part by the Earls of Brit∣tain, and Chester, who soon after came into [8] 1.201 England with Ri∣chard Mareschal, and were very honorably received by the King. Then Richard Mareschal offered to do Homage to the King, and whatever else was required of him, as Heir to his Brother William Mareschal deceased. To whom the King by the advice of his Justi∣ciary

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gave this Answer, That He heard his * 1.202 Brothers Wife was with Child, and would not determine any thing till that was certainly known; adding moreover, that He had confaederated with his Ene∣mies in France, and upon that Account commanded him to depart the Kingdom within fifteen days; and never to return again, upon pain of perpetual imprisonment. When he received this Answer [ A] from the King, he passed over into [9] 1.203 Ireland, where he was kind∣ly received, had all his Brothers Castles delivered to him, and had Homage with Fealty done him. Also Pembroke Castle, with the Ho∣nor belonging to it, was yielded to him; After this he got together a great number of Armed Men, resolving, if necessity required, to re∣cover his Inheritance by force. The King upon this changed his Thoughts, and accepted his Homage and Fealty,* 1.204 and granted him all his Rights, taking only the accustomed Relief.

[ B] About this time [1] 1.205 Richard Archbishop of Canturbury arrived at Rome, and in the Popes presence made the following complaints, viz. That the King was wholly guided by Hubert the Justiciary; that the Affairs of the Kingdom were transacted by his advice, with∣out consulting his Great Men. That the Justiciary had Married his former Wives Kinswoman, and had invaded the Rights of the Church of Canturbury, and refused to restore them. That the Bishops his Suf∣fragans neglected their Pastoral care, and had betaken themselves to [ C] Plead Lay-Causes in the Exchequer, and gave Judgments in Cases of Blood. That Beneficed Clerks, and such as were in Holy Orders, had many Churches with Care of Souls, and according to the examples of Bishops, intruded themselves upon Secu••••r business. On the other side the Kings Messengers pleaded many things on the Kings and the Justiciaries behalf, but to very little purpose;* 1.206 for the Pope had Commanded that the Archbishop should have his business forthwith dispatched, according as he desired.* 1.207 But in his return home he dyed [ D] at St. Gemma, three days journey from Rome, the 3 of August, and the whole Transaction expired with him.

In October [2] 1.208 the King offered to Marry the King of Scots Si∣ster, but the Earls and Barons, and especially the Mareschal op∣posed it; alledging it did not become the King to Marry the Younger, when his Justiciary had married the Elder Sister. At length he was prevailed upon by the Earl of Brittain and the Ma∣reschal [ E] to desist. After this he gave to the Earl of Brittain 5000 Marks of Silver, and so he returned into his own Countrey.

The Monks of Canturbury having chosen [3] 1.209 Ralph de Nevill Bi∣shop of Chichester, and Chancellor of England, Archbishop, pre∣sented him to the King on the 19th of September; The King accepted their choice, and forthwith investd him with the Manors, and other [ F] Rights belonging to the Archbishoprick, Then the Monks desired their Elect to allow them Money for their expences in their jour∣ney, and at the Court of Rome to procure the Election to be con∣firmed. He replyed, He thought it was Simoniacal, and upon that account would not consent to allow one Farthing. However, the Monks proceeded in their journey, and petitioned the Pope to con∣firm their choice. But he being before informed of the Person by Si∣mon

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Langton, [4] 1.210 gave them this Answer, That he was an illite∣rate Man, and a Courtier, and if he were promoted to that Dignity, he would concur with the King and Kingdom to shake off the Papal Yoke that King John had put the Kingdom under. Upon this, the Pope voided the Election,* 1.211 and Commanded the Monks to proceed to a new choice, of one who would be faithful and devoted to the English and Roman Church.

[ A]

* 1.212In the year 1232. King Henry [5] 1.213 kept his Christmass at Win∣chester, and upon the 7th of March He met the Great Men, as well Prelates as Laics at Westminster (Convenerunt ad Colloquium, apud Westmonasterium ad vocationem Regis Magnates Angliae tam Prae∣lati quam Laici) to whom the King declared, That his late Expe∣dition beyond Sea, had involved him in great Debts; whereupon he was now forced to require of every one a general Ayd. (Ʋnde ne∣cessitate compulsus, ab omnibus generaliter Auxilium postulavit.) To [ B] whom Ranulph Earl of Chester replyed in the Name of the Great Men: That the Earls, Barons, and Knights, which held of him in Capite, had personally served him, and had been at great expences to no purpose, whereby they were reduced to poverty, (Ʋnde Regi de jure Auxilium non debebant) and therefore of Right they ought no Ayd to the King. And then having asked leave, all the Laics departed; But the Prelates answered the King, That many Bishops and Abbats who were summoned, were not yet come come thither, and there∣fore [ C] desired it might be deferred, and a day appointed for all to meet together, and consult what ought to be done in that business; which was agreed to, and the * 1.214 Fifteenth day after Easter, was appointed for their meeting.

This year [6] 1.215 many Armed Men of good quality, with others of less reputation, violently entred into the Barns of the Roman Clergy that were Beneficed in England, and carried away, and large∣ly [ D] distributed their Corn, and sometimes Money among the poor. There were about Fourscore, and sometimes fewer, that were the Authors of this presumptuous Attempt: But William Witham, or Robert * 1.216 Thinge a Knight, was their chief Governor, to whom they paid a ready Obedience. When these disorders had reached the Popes Ears, He sent very severe Letters to the King, blaming him for permitting such Rapine to be executed on Clergy-men; and Commanding him upon pain of Excommunication, and Interdict, [ E] to make close inquiry after the Authors of this violence, and to punish them according to their offence, that others might be terrified from committing the like. The Pope by his Letters Commissioned [7] 1.217 Peter Bishop of Winchester, and the Abbat of St. Edmunds, to make an Inquisition in the South of England; and in the North the the Archbishop of York, the Bishop of Durham, and John a Roman and Canon of York, to make a strict search, and whomsoever they found Transgressors, they should Excommunicate them, and send them [ F] to Rome to be Absolved.

When the [8] 1.218 Inquisition was executed, and Witnesses examined upon Oath, a great many were found, either actually guilty of the above-mentioned Rapine, or consenting to it; there were some Bi∣shops, and some of the Kings Clerks, with some Arch-Deacons and

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Deans; with many Knights and Lay-men, many High Sheriffs, their Bayliffs, and other Ministers, were by the Kings Command taken up, and committed to prison;* 1.219 others through fear fled and could not be found. But Hubert de Burgh the Justiciary, was accused as a Trans∣gressor, for that he had Granted the Kings Letters Patents, and his own, that they should not be hindred in their violent actings; a∣mongst [ A] others, there came to the King William Thinge,* 1.220 who had caused himself to be called Robert Wither, or Witham, and brought with him five Esquires, who were his Coadjutors, and open∣ly professed that he had plundered the Roman Clergy, to revenge the Injury he had formerly received by the Popes Sentence, whereby, he endeavoured by manifest fraud, to force from him the onely Church he had in his Gift; adding, he had rather for a time be unjustly Ex∣communicated, than to lose the Patronage of his Benefice without [ B] due Judgment: Then the King and Inquisitors advised him to go to Rome, and make out his Right before the Pope, and pray his Ab∣solution. The King gave him Testimonial Letters of his Right to the Pope, desiring him earnestly for his sake to give the Knight Au∣dience.

The Convent of Canturbury [9] 1.221 chose John their Prior Archbi∣shop, who married at Rome in Whitsun-week, and when he had de∣livered [ C] his Letters of Election to the Pope, he commanded some Cardi∣nals to examine him; After three days Tryal, they professed before the Pope they could find no cause of rejection. However, the Pope looked upon him to be too Old, and Weak for so great a Trust; and perswaded him to renounce his Election, which he did, and begged leave to go home again. Then the Pope granted Licence (Con∣cessa Licentia Monachis) to the Monks of Canturbury, and Command∣ed them (Ipsis praecepit) to choose such an one, to whom he might [ D] Communicate his own Burthen, and commit the Pastoral care.

This year about Whitsun-week, [1] 1.222 the Welch, under the Conduct of Leolin, made several inroads into England, and began to burn and plunder as they used to do. Peter Bishop of Winchester, and some other Cousellors told the King, it was a great Scandal to his Crown, to suffer the Welch, an inconsiderable People, thus to rob and spoil his Subjects. To whom the King replyed, That his Treasurers told [ E] him, his Revenues would scarce afford him Meat and Cloaths, and to satisfy the accustomed * 1.223 Alms, (Vix mihi sufficiunt ad simplicem victum, Amictum, & Eleemosynas consuetas,) much less any thing for warlike expeditions. They answered him, he made himself poor, by giving away Honors, Wardships, and vacant Dignities, which ought to come into the Exchequer, so that He only had the Name, and not the Wealth of a King. Adding, that His Antecessors were Magnificent, both in Glory and Wealth; and this proceeded from the great care [ F] they took of their Revenues and Profits. The King took this Hint, and presently called his Sherifs and Baylifs to an Account, and who∣ever was convicted of Fraud, was removed from his Office, and forced to pay the whole into the Exchequer with Ʋsury. He also removed Ranulph Brito, Treasurer of his Chamber, from his Office, and Fined him 1000 l. of Silver, and by the advice of Peter Bishop of Winche∣ster (whose Counsel the King in all things followed) Peter de Ori∣vallis

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his Nephew, a Poictovin, was placed in his room; by this means the Kings Coffers were plentifully supplyed.

About this time [2] 1.224 by the advice of Peter Bishop of Winchester, Hubert de Burgh, was removed from the Office of Justiciary, al∣though (as it was said) he had the Kings Patent for it during Life, and Stephen de Segrave placed in his Room the 29th of July. Some few days after the King being very much incensed against Hubert, re∣quired him to give an Account of all that had passed through his hands ever since he had been Justiciary, and also in the time of King John. To which Hubert Answered, [3] 1.225 That he had King Johns Chart, whereby he was discharged of all Accounts, who having so often experienced his faithfulness, would not receive any Account from him. The Bishop of Winchester replyed, That that Chart was not valid after King Johns Death, and did not at all bind the present [ B] King from Exacting an Account from him. To this was added, [4] 1.226 That he had been guilty of several Treasonable Practices, and had given treacherous advice to the King, much to the prejudice both of King and Kingdom. To all which the King required him to answer, and stand to the Judgment of his Court. [5] 1.227 Hubert seeing him∣self much pressed and streightned, required some time to give in his Answer, which was with difficulty obteined, and the 14th of Septem∣ber following was the day appointed. In the mean time he took [ C] Sanctuary in the Priors of Merton. Being now deserted of all his Friends, (but the Archbishop of Dublin) his Enemies daily increased, and many other Crimes were laid to his charge: [6] 1.228 Namely, That he had procured William Earl of Salisbury, William Mareschal, Earl of Pembroke, Falcasius de Brent, and Richard Archbishop of Canturbury, to be Poysoned; That he had gained the Kings Affection by Sorcery and Witchcraft. Others accused him of Injustice, Extor∣tion and Rapine. And the Londoners entred their Complaint against [ D] him for Condemning their Fellow Citizen Constantin to be hanged without Legal Process. All which Crimes were so highly aggravated before the King, That he caused it to be Proclaimed in London, that whoever had any complaint against Hubert, should come to him, and he should have Justice done him.

In Autumn Master John * 1.229 Sirnamed Blund, a Clerc and Student, [ E] and Reader in Divinity in Oxford was chosen Arch-Bishop; and ac∣cepted by the King, and went to Rome for his Confirmation.

On the 14 of September, the King [7] 1.230 Assembled the Bishops and other Prelates of Churches, with the Nobility of the Kingdom at Lambeth, (Convenerunt apud Lamheiam, ad Colloquium in Exalta∣tione [ F] Sanctae Crucis coram Rege Episcopi & alii Ecclesiarum Prelati, cum Proceribus Regni.) by whom the fortieth part of all moveables, of Bishops, Abbats, Priors, Clerks and Laics, was granted to the King, for the payment of the debt he Ought the Earl of Brittain. [8] 1.231 Hubert the late Justiciary being now to answer, the Articles ob∣jected against him, fearing the King would put him to some shame∣ful Death, kept in Sanctuary among the Canons of Merton, and did not appear in the Kings Court, to * 1.232 plead to the Articles against him until the King should be in a more mild temper. The King in a

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great rage sent to the Major of London to force him from thence,* 1.233 and bring him either dead or alive. The Londoners glad of this opportu∣nity to revenge themselves upon Hubert, upon Rnging the Common-Bll, gathered together in great Numbers (as it was reported 20000 of of the Rabble.) But some of the more discreet Citisens, dreading the ill Consequences of such tumultous proceedings, went to the Bi∣shop of Winchesters House in Southwark, and desired his Advice, who [ A] told them, that whatever came of it, they must execute the Kings Pre∣cept. But Ranulph Earl of Chester, hinted to the King, that if such tumultous proceedings were Countenanced, such a Sedition might be raised, as would not easily be appeased, adding that it would be a great reproach to him abroad, when they heard he thus treated those that had been his Favorites: which so wrought upon the King, that he presently dispatched a Messenger, with Letters to revoke his former Precept. At this the Citisens were startled, being disappointed of their [ B] revenge, and returned into the City.

After this the [9] 1.234 Arch-Bishop of Dublin prevailed with the King to grant Hubert till the Octaves of Epiphany to prepare his Answer. In the mean time he designed a visit to his Wife, who was then at St. Edmunds Bury. When the King heard of it, he sent Godfrey Crau∣cumbe with three hundred armed men to apprehend him, and bring him Prisoner to the Tower. They found him in Essex in a small [ C] Chappel [1] 1.235 with the Cross in one hand, and the Body of our Lord in the other: They wrung the Cross and Body out of his hands, and without any respect to the Place, they violently drew him out, and having Fettered him, and Chained his Feet under the Horses Belly, they brought him in a most despicable manner to London, and put him into the Tower. When Roger [2] 1.236 Bishop of London heard how Hubert had been treated, he hasted to the King, and very severely rebuked him for breach of the Churches Peace, and if he did not presently set [ D] him at Liberty, and send him again to the Chappel from whence he was taken, he would excommunicate all that were concerned in this violation of the Churches Peace.

The King being made sensible of the fault,* 1.237 sent him back again to the Chappel out of which he was taken. But at the same time sent to the Sherifs of Hartford and Essex upon pain of hanging, to go in their own person, with all the men of both Counries (cum omnibus homini∣bus [ E] duorum Comitatuum,) and encompass the Chappel, that Hubert might neither make his Escape, nor receive any Victuals from any one. Then the Archbishop of Dublin his only friend Supplicated the King with Tears, to know his pleasure concerning Hubert. [3] 1.238 The King offered him three things, For ever to abjure the Kingdom, Per∣petual Imprisonment, or openly to own himself a Traytor. But Hu∣bert would choose neither of them, being conscious to himself, that he had done nothing to deserve so great Confusion. Yet to satisfie the [ F] King, he would be content to go out of the Kingdom for some time, but would not abjure. But rather then be starved, he [4] 1.239 yeilded him∣self to the Sherifs abovementioned, who brought him up to London, Fettered and Chained, and delivered him Prisoner to the Tower there.

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* 1.240About this time was Collected the fortieth part lately granted to the King in the Parliament at Lambeth. The form of the Commission to the Sherifs of the several Counties, and the manner how it was to be Levied and Collected, is noted in the * 1.241 Appendix; and the Commission to the Collectors is to be found in Mat. Paris f. 380. n. 30.

About [5] 1.242 the Feast of St. Martin following (instanti Festo Beati [ A] Martini) The King was informed, that Hubert had much Treasure lodged with the Templars; whereupon the King sent for the Master of the New-Temple to know the Truth of it, who acknowledged the Money, but could not tell the Summ, but refused to deliver it, unless authorised by Hubert. Then the King sent the Treasurer with the Justices of the Exchequer to Hubert, who in the Kings Name Demanded of him all the Treasure he had lodged with the Templars. Hubert Replied he would readily submit himself, and all [ B] that he had to the Kings pleasure, and presently authorised the Tem∣plars to deliver all the Keys of his Treasure to the King; which when he had received,* 1.243 he Commanded an Inventory to be be made and deli∣vered to him, and all the money to be paid into his Exchequer. When his Enemies saw his Great Treasure, they accused him to the King of theft and fraud, urging he deserved a shameful Death. To whom the King seriously replyed, That Hubert had faithfully served his Ʋnkle Richard and his Father (as he had heard) and if he had been other∣wise [ C] to him, he should never be put to Death; for he had rather ap∣pear too Easie than too cruel to him, who had so often preserved both his Predecessors and himself in great danger. The King now softened into compassion,* 1.244 granted to him all the Lands his Father had given him, and those he had Purchased for his present support; and soon after Richard the Kings Brother, William-Earl of Warren, Richard Earl Mareschall, William * 1.245 Earl of Ferrars, became Sureties for [ D] him. He remained in the Castle of Divises, under the Custody of four of their Knights, and made Lawrence a Clerc of St. Albans, Steward of the Lands Granted him, who had been a faithful friend and great comfort to him in all his Afflictions.

The Substance of this Composition or Judgment, is to be found upon Record, though it doth not well agree with the exact Circumstances of time, and the Crimes objected in every Punctilio during this Trans∣action [ E] hitherto. The * 1.246 Record says That the Pope wrote to King Henry, To correct the Injuries Hubert de Burgh had done to the Ro∣man Chucch, and the * 1.247 Italian Clercs here in England, and That there∣upon the King snt to Arrest his Body, and bring him to Answer before him, for that very thing Especially. Hubert having notice of this, fled into a Chappel, and those that followed him, though they had [ F] no order to do it, took him out of the Chappel and carried him to London: when the King heard of this, being Desirous to maintein the liberty of the Church, Commanded him to be carried back to the same Chappel; in which when he had staid many days, he was asked whether he would remain in the Chappel, or go out, and stand Tryal in the Kings Court, concerning the same Injury and others, which should there be objected against him by the King, and many others, who many ways complained of him. At length he volun∣tarily

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chose to come out, and stand to Law; yet he begged the Kings Mercy, and so went out, and the Kings Officers that were there pre∣sent, received him, carried him to London, and delivered him to the Constable of the Tower. The King not satisfied, sent Stephan de Se∣grave, then Justiciary, John de Lascy Earl of Lincoln, Brian de Lisle and others, to know whether he was forced, or went out volun∣tarily; He answered he went out freely, and not for want of Victuals, [ A] or any other thing, and that he was ashamed he had staid there so long. Then the King Commanded he should be out of the custody of the Constable of the Tower, that he might come freely to his Court; and so he came to Cornhul in London upon the Eve of St. Martin, and appeared before Richard Earl of Cornwal, William Earl War∣ren, Richard Marshal Earl of Pembroke, John Earl of Lincoln, Stephan Segrave Justiciary, Ralph Fitz-Nicholas, and others the Kings Tenents or Feudataries there being; where when he was ac∣cused, [ B] he would make no defence, nor undergo the Sentence of the Court; but submitted himself to the Kings pleasure concerning his Body, Lands, and Goods. The King at the instance of the Great Men, and the Petition of Hubert and his Friends and Relations, and by the per∣mission of those that accused him, Respited the Judgment, notwith∣standing it was drawn up in Court, and voluntarily Granted him these Terms; That having delivered to the King, all the Lands, Tenements, and Liberties, which he held of him in Capite, and of King John his [ C] Father, and all Writings and Instruments that concerned them, Then he should have and retain the Lands and Tenements which de∣scended to him from his Antecessors, and all the Lands and Tenements he held of others, then the King; yet so as he should answer to all his other Accusers, according to the Custom of the Kingdom, and all his Chattels wheresoever they were, as well Gold, Silver, Money, or other Goods, and his Body to remain at the Castle of Divises, in the custody of Richard Earl of Cornwal, William Earl Warren, Ri∣chard [ D] Marshal Earl of Pembroke, and John Earl of Lincoln, un∣til he was delivered by the Commune Council of the King, and of all the foresaid Barons his Keepers, and of all the Great Men of the Land. And if he should by any ways or means Break, or endeavour to Break Prison, then the Judgment was to take effect; and where∣soever, or by whomsoever he should be found, he was to be used as an Out-law.

[ E] Toward the latter end of this year in December, Lewelin * 1.248 Grant∣ed, and promised to stand to the determination of Ralph Bishop of Chichester, and Chancellor, Alexander Bishop of Lichfield and Coven∣try, Richard Marshal Earl of Pembroke, John de Lascy Earl of Lin∣coln, and Constable of Chester, Stephan de Segrave Justiciary of Eng∣land, and Ralph Fitz-Nicholas the Kings Steward; together with Jolenevet Lewelin's Steward, Werrenoc his Brother, Iman Vachan, and David a Clerc, concerning Amends to be made for the excesses on [ F] both sides, for the restitution of Lands and Possessions, and what Money was to be paid for Damages done.

In the year 1233. King Henry at Christmass [6] 1.249 kept his Court at Worcester, where by the advice of Peter Bshop of Winchester (as it was reported) he removed all Bishops, Earls, Barons, and No∣blemen from his Council, and would trust no one, but the aforesaid

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Bishop, and Peter de Rivallis his Kinsman: So that the manage∣ment of all publick Affairs was committed to them. The Poictovins and Brittans were now invited into England,* 1.250 and there came over 2000 Knights and Servants, wh, were placed in several Castles in Garrison, to whom the easy King committed the Wardships of the Nobility, which afterwards much degenerated, through the ignoble Marriages with Forreigners. And when any Englishman complain∣ed of their burthens, and oppression, to the King, they were hin∣dred [ A] of remedy, through the powerful influence of the Bishop of Winchester.

When [7] 1.251 Richard Earl Mareschal saw both the Noble and Igno∣ble oppressed, and the Laws of the Kingdom laid aside, He, as a lo∣ver of Justice, with some other Great Men (Associatis sibi quibusdam Magnatibus) went boldly to the King and told him publickly, that by pernicious Counsels he called in Poictovins and Strangers, to the [ B] great oppression of his Natural Men, and violation of their Laws and Liberties. Wherefore they humbly supplicated him to correct these disorders in the Government; otherwise both He and the rest of the Great Men would withdraw themselves from his Counsels, so long as he made use of Forreigners. To whom the Bishop of Winchester re∣plyed,* 1.252 That the King might call whatsoever Strangers he pleased for the defence of his Kingdom and Crown; and also such, and so many, as might reduce his proud and rebellious Subjects to due Obedience. When the Ma∣reschal [ C] and the rest heard this Answer, [8] 1.253 they retired from Court, promising faithfully to stand by one another in that cause, (us{que} ad divisionem corporis & anima) to the very parting of Body and Soul.

The last year in Autumn [9] 1.254 John Blundus a Student in Divinity at Oxford was elected Archbishop of Canturbury, and this year about the beginning of April the Pope voided his Election, because he had given 1000 Marks of Silver to the Bishop of Winchester, for his pro∣motion [ D] to the Archbishoprick.

Soon after [1] 1.255 he King summoned all the Earls and Barons of the Kingdom to meet him at Oxford on the Feast of St. John Baptist, but they refused to obey his Summons, both because they feared and hated the Forreigners which were placed about him. Then he was advised to send out a Second, and Third Summons, to try whether they would come or not, to Westminster, on the 11th of July, [2] 1.256 [ E] and promised by their Counsel to reform whatever was amiss; But when the Great Men heard, that upon the Kings invitation, many Strangers in small numbers with Horse and Arms were landed in England (Paulatim applicuerunt in Regnum) and seeing not the least prospect of accommodation, they laid aside all thoughts of meeting the King on the day appointed, and by Solemn Messengers declared [ F] unto him,* 1.257 That unless, forthwith the Bishop of Winchester and the Poictovins were removed from his Court, they would by the Common Counsel of the Kingdom, force both him and his evil Counsellors out of the Realm, and would Treat about creating a new King. Ipsi omnes de communi Consilio totius Regni, ipsum cum iniquis Consiliariis suis a Regno depellerent, & de novo Rege creando contrectarent.

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The [3] 1.258 King and the Court being startled at this Message, He was advised by the Bishop of Winchester to reduce his rebellious Subjects by force, and dispose of their Castles and Lands to the Poicto∣vins, who would defend the Kingdom of England from his Tray∣tors (Qui Regnum Angliae a suis proditoribus tuerentur.) The First [ A] that fell under the King's displeasure was Gilbert Basset a Noble∣man, who applying himself to the King for a Manner he had ta∣ken from him, was called Traytor, and threatned, if he did not de∣part the Court he should be hanged. The next was Richard Sward a Knight, who had Married Gilberts Sister or Neice. The King commanded him to be apprehended and brought before him; and from every Noble or powerful Man, he suspected, He required pledges for their Fidelity, and by his Letters ordered them to be pre∣sented to him before the beginning of August.

[ B]

On the First of August the [4] 1.259 Earls and Barons came with a great number of Armed Men (In magno Militi apparatu) to London to a Conference or Parlement (Ad Colloquium) according to the day prefixed. But Richard Earl Mareschal having received advice from his Sister Isabel, Wife to the Earl of Cornwal the Kings Brother at whose House he lodged in London, that snares were laid for him, [ C] retired into Wales. But the Earls of Chester, Lincoln, Ferrars, and Earl Richard the Kings Brother, with many other Earls and Barons came thither, but nothing was done, because Earl Mareschal and Gilbert Basset were absent. Then the King, by the advice of the Bishop of Winchester, and Stephan Segrave [5] 1.260 summoned all that ought him Military Service, to come to Glocester on the Sun∣day before the Assumption of the Blessed Virgin (that is the 15th. of August) with Horse and Arms. But Richard Mareschal and others who were confederated with him, refused to come. Upon this the [ D] King, as if they had been Traytors, burnt their Towns, destroyed their Parks and Warrens, and besieged their Castles; and without judgment of his Court, or their own Peers, proscribed them, and dis∣posed of their Lands to the Poictovins, and commanded their Bodies should be taken where ever they were found in the Kingdom.

The [6] 1.261 Bishop of Winchester by 1000 Marks gained the Earls of Chester and Lincoln to the Kings de; the Earl of Cornwal had be∣fore [ E] left the Mareschal, and returned to his Brother. When the Ma∣reschal saw himself deserted by the aforesaid Earls, he entred into a Confederacy with Leolin Prince of Wales, and other chief Men of that Countrey,* 1.262 and entred into an Oath to make no Peace but by ge∣neral consent. Then the King [7] 1.263 defied him by the Bishop of St. Davids, and commanded his Army to March against him, and besiege his Castles, one of which was so well defended, that the King feared he should be baffled, and with disgrace forced to raise [ F] the Siege; whereupon he sent some Bishops to the Earl, to offer him, that if he would surrender the Castle to the King, it should be re∣stored entirely again within Fifteen days to him, and he would cor∣rect what was amiss in his Kingdom by the Counsel of his Bishops, who should be his Sureties; Upon these Conditions the Castle was delivered to him; and the day appointed for the doing of these things was the Sunday next after Michaelmass-day.

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When the [8] 1.264 Fifteen days were expired, the Mareschal accord∣ing to agreement, and Oath, expected the restitution of the Castle, and sent to the King to demand it, but the King answered he would not restore it, but would endeavour to subdue his other Castles. The Mareschal seeing neither Promises nor Oaths were observed by the Kings Counsellors, besieged the Castle, and without difficulty gained it.

[ A]

On the 9th of October, [9] 1.265 the Great men met the King at West∣minster to reform what was amiss in the Kingdom according to ap∣pointment, who humbly supplicated him to be reconciled to his Ba∣rons and Nobles; also the Preaching Fryars and Minors, (whom the King much reverenced) exhorted him to extend his affection to his Native Subjects, and not to Banish, Spoil, and destroy them without Legal Process, and not to call them Traytors who endeavoured the Peace, and by whose Counsels the Management of the Affairs of the [ B] Kingdom ought to be directed. To this the Bishop of Winchester re∣plyed, [1] 1.266 That there were no such Peers in England, as in France, and therefore it was lawful for the King of England by the Justices he appointed, to Banish any guilty persons out of the Kingdom, and by Judgment to condemn them. When the Bishops heard this, they una∣nimously Threatned by name to Excommunicate all the Kings prin∣cipal Counsellors. In the top of the list stood Peter Bishop Win∣chester, [ C] Peter de Rivallis, Stephen Segrave Justiciary, and Ro∣bert Passelew Treasurer. The Bishop of Winchester alledged for himself, That he was Consecrated Bishop by the Pope, and was thereby exempt from their Authority; and to prevent the Sen∣tence, appealed to the Pope. Then the Bishops Excommunicated all those who alienated the Kings mind from his Natural Subjects, and all those that disturbed the Peace of the Kingdom.

[ D]

When in that Conference by an express the King was certified the Mareschal [2] 1.267 had retaken his Castle, he was much troubled, and Commanded all the Bishops to Excommunicate him; but they utterly refused it, because (as they said) he did thereby only recover what was his Right. Then the King Summoned all that ought him Mili∣tary Service, to meet at Glocester with Horse and Arms the Day after All Saints.

[ E]

The [3] 1.268 King having gathered together a great Army at Glo∣cester, Marched towards Wales, but the Mareschal had before de∣stroyed all the Forage, so that in a short time, through want of Provision, the King was forced to retire with his Army to the Castle of Grosmund; when the Mareschal by his spies understood that the King lodged within the Castle, and the greatest part of his Army Quartered without in Tents, he came by Night and en∣tred the Camp,* 1.269 and put the whole Army into such disorder, that [ F] they immediately fled, and left 500 Horses and all their Baggage for a Prey to the Mareschal, who would not suffer any of the Kings Soldiers either to be taken or hurt, so that only two of the whole Army (and they through their own indiscretion) fell by the Sword. The King seeing himself left alone, and encompassed with Enemies, placed his Ravaging Poictovins [4] 1.270 (Ruptarios Pictavenses) in his

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Castles to hinder the Incursions of the Welch, under the Command of John de Monmouth, and Radulph de Toeny, and returned to Glocester.

Then the Mareschal [5] 1.271 Marched towards Monmouth, which was Fortified and defended by Baldwin de Gysnes, with his Poictovins and Flemmings, to whom the King had committed the [ A] Town; who seeing the Mareschal viewing the Castle with some few Soldiers, by Ambush almost surprised him; and he had been taken Prisoner, had not his own Valour, and the Bravery of some that were with him, rescued him out of their hands; in this Skir∣mish, Baldwin was so desperately wounded, that he was taken up half Dead, which made them to leave the Mareschal and retire with their Captain into the Town. When the rest of the Army [6] 1.272 hard what had befaln their General, they came with great fury, and re∣venged [ B] themselves upon the Strangers, killing and taking Captive most of those that came out of the Town.

Hubert de Burgh [7] 1.273 being prisoner in the Castle of Divises in Wiltshire, had notice from a friend at Court, That the Bishop of Winchester his great Enemy, had earnestly desired of the King the custody of that Castle; that so (as it was said) he might have an opportunity to dispatch him. Upon this Information Hubert,* 1.274 by the [ C] assistance of two Servants that waited on him, made his escape on Michaelmass-Eve out of the Castle, and got into the Parish Church: So soon as it was known he was gone out of the Castle, many of the Garrison went out with Lanters, Clubs, and Arms, to seek him.* 1.275 They found him in the Church before the Altar, with a Cross in his Hand; they beat and banged him, driving him and the two that helped him to make his escape, into the Castle, and put him under a strict Guard.

[ D]

When the Bishop of Salisbury heard what was done,* 1.276 he went to the Castle, and Commanded those that had violated the privi∣dge of the Church, that they should carry him back, and leave him in the same state they found him. They told the Bishop, they had rather Hubert should be hanged then themselves; Whereupon he Excommunicated all by Name that refused to do what he bad them, and with the Bishop of London and other Bishops obtained his liber∣ty [ E] of the King, and he was sent back to the Church (Decimo quin∣to Calendarum Novembris) That is, on the 18th of October. * 1.277 The King upon this being very angry, ordered the Sherif of the County so to guard the Church, as he might be starved for want of Victu∣als.

'Tis certain Hubert made his escape, and as certain he was sent back to the Church before the 18th of October: For on the 15th [ F] of that Moneth the King [8] 1.278 Letter to the Good Men of Wilt∣shire, to let them know he had sent Ralph de Bray and Ralph de Norwich his Justices, to receive the Abjuration of the Kingdom from Hubert de Burgh, if he would not come out of the Church, and stand to the Law, in the Kings Court▪ or to do him Justice in the Kings Court if he would come out of the Church and answer there, as he had agreed to do. But if he would do neither, the

Page 558

Wiltshire Men were commanded diligently to guard the Church and Churchyard, as the Justices should direct.

On the 30th of the same Month Hubert by the [9] 1.279 assistance of his Armed Friends, was taken out of the Church by force, and ha∣ving been by them Armed like a Soldier made his escape in that dis∣guise into Wales, and joyned himself to the Kings Enemies.

[ A]

In the year 1234. the King kept [1] 1.280 his Christmass at Glo∣cester, with a very small Court, because many of the Great Men that suffered so much at the Castle of Grosmund, were retired, and could make no appearance.

On the day after Christmass-day [2] 1.281 John de Monmouth ha∣ving gathered together a great number of Soldiers, designed privily to attaque the Mareschal, but being Countertricked by the [ B] Mareschals Policy, he was defeated, and a great number of his Sol∣diers slain, and he narrowly escaped. [3] 1.282 Then the Mareschal, and those that were confederated with him, ravaged, spoiled and burnt the Lands, Goods and Houses of the Kings principal Counsellors, so that nothing escaped them, from the borders of Wales to Shrewsbury, which they also burnt; And all the time King Hen∣ry remained with the Bishop of Winchester at Glocester, not having sufficient force either to oppose,* 1.283 or repress these Devastations. From [ C] whence he went to Winchester, and left those Countreys to his Enemies. The Bishops urged the King to make peace with the Ma∣reschal, he refused, unless he would acknowledge himself a Traytor, with a Halter about his Neck.

When the King's [4] 1.284 Counsellors saw their Houses burnt, their Fields destroyed, and their Friends the Poictovins in great numbers slain, and themselves without remedy; They studied to ruine the [ D] Mareschal by Treachery, whom they could not conquer by force, which they compassed by this means.* 1.285 They composed and wrote Letters in the Kings Name without his privity, Sealed with 〈◊〉〈◊〉 and Eleven of their own Seals, and directed them to Maurice Fitz-Gerold, the Kings Justiciary in Ireland, to Walter and Hugo de Lascey, Richard de Burgh and Geofrey Marh, and to several others (Juratos Marescalli Homines) the Marescals sworn Men, shewing, that although the Mareschal was proclaimed a Traytor, [ E] and by the Judgment of the Kings Court Proscribed, and Devest∣ed of his Paternal Inheritance, yet he ceased not to persue the King with his wonted Malice; wherfore they willed them as the Kings faithful Subjects, to use their utmost endeavors, when ever the Mareschal should come thither, to take him alive or dead, and pre∣sent him to the King, which if they carefully performed, all his Inheritance and Possessions in Ireland should be divided among them,* 1.286 for which they had the Kings promise, and they would become [ F] Sureties for the performance of it.

When the [5] 1.287 Irish heard the tenor of these Letters, they sent private Messengers to the Counsellors with Letters, assuring them That if they could be secured by the Kings Charter, of what was promised, they would undertake to effect what was desired; Then the Coun∣sellors

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stole the Seal form Ralph Bishop of Chichester the Chancellor, and Sealed a Charter without his knowledge, by which all the Rights and Possessions of the Mareschal, were to be divided among them; and dispatcht a Messenger wh it to the above-named Irish Great Men, who no sooner received it, but they confederated, and resol∣ved the destruction of the Mareschal. Then they raised a great Ar∣my, and entred his Lands, took his Castles and plundered them, [ A] that they might provoke him to come over into Ireland.

On Candlemass-day [6] 1.288 the King came to a Conference (Rex ve∣nit ad Colloquium) at Westminster, wherin the King severely rebu∣ked Alexander Bishop of Chester, and some other Bishops, for having too much correspondence with the Earl Mareschal, and for endea∣vouring to dethrown him. The Bishop in a great heat Excommu∣nicated all those that suggested such things to the King. [7] 1.289 Ed∣mund [ B] the Elect of Canturbury was present at this Conference, who with many Bishops of that Province went to the King, and represent∣ed to him the miserable state both He and the Kingdom was brought into, by his following the Counsels of Peter Bishop of Winchester,* 1.290 (upon whose Advice and Counsels, they charged all the Events, Wars, and Calamities that happened to King John, and the Nation in his time, and also what had happened in this Kings time) and Peter de Rivallis, and their Accomplices: [8] 1.291 Adding, That if he did [ C] not very suddainly remove from his Court such Counsellors, and re∣ceive his Native and Liege Subjects to his Counsels, and management of the Affairs of the Realm, as is the custome of other Nations, they must proceed to Ecclesiastical Censures against all Gain-sayers. The King answered, He could not Reform his Council,* 1.292 until he had taken their Accounts, and desired a small Respite. So the Colloquium or Conference was dissolved, and every one went away satisfied, and full of hopes of a speedy accommodation.

[ D]

On the Second of April [9] 1.293 Edmund was Consecrated Arch-Bishop of Canturbury, the King being present.

On the 9th of April, the [1] 1.294 King, the Earls and Barons, the new consecrated Archbishop with his Suffragans, and other Prelates, met at a Conference (ad colloquium convenerunt) at Westminster, wherein he promised to be directed by their Counsels; and some few [ E] days after he commanded the Bishop of Winchester to retire to his Bishopric, and mind the care of Souls, and not concern himself any further in the Affairs of the Kingdom. He likewise commanded Peter de Rivallis to give up his Accounts, and yield up his Castles and depart the Court, assuring him upon his Oath, if he were not a Beneficed Clerc, he would cause his Eyes to be bored out. He also discharged the Poictovins from his Service, both in his Court and Garrisons, commanding them to go into their own Countrey and [ F] never see his Face more. Thus having purged his Court, and remo∣ved his evil Counsellors, and cleared his Kingdom of Strangers, he submitted himself to the Advice and Counsels of the Archbishop and Bishops, by whom he hoped to reduce his unsetled Kingdom to a prosperous condition.

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After this he sent [2] 1.295 Edmund the Archbishop of Canturbury with the Bishops of Chester and Rochester, to Leolin Prince of Wales, and Richard Earl Mareschal 〈◊〉〈◊〉 Treat about Peace. [ ] 1.296 But the Mareschal receiving notice of the spoils and rapine that was com∣mitted upon his Lands and Castles in Ireland; and seeing the King was gone Southward, and had left his design against Wales, took with him only fifteen Knights, and passed over Sea, and as soon as [ A] he landed, Geofry Marsh, with the other Great Men that were confederated against him, came to him, and advised him to reduce his Enemies by force, and he might thereby easily bring all Ireland to his Obedience. [4] 1.297 The Mareschal fearing the innate Treachery of the Irish, was not willing to close with the Advice given. But Geofry having at first reproached him for his cowardise, and telling him of, and urging his Right by lineal Descent from Strongbowe, that had conquered Ireland, and then giving him full assurance of their [ B] Assistance and Fidelity;* 1.298 He raised a great Army, and proceeded with such suceess, that no one durst withstand him; He took the City of Limeric, and the Kings Castles, as well as those of his Enemies. The Irish let him know by certain Templars sent to him, That he acted traiterously against his Prince in Ireland, as he had done in England, and by Geofry Marsh or de Marisco his contrivance, was desperate∣ly [5] 1.299 wounded in Fight, and taken prisoner, where after some days continuance, he dyed of his wounds. [6] 1.300 When the King re∣ceived [ C] the news of his death, he much lamented the loss of so great a Soldier, affirming he had not left his [7] 1.301 equal in the King∣dom.

The Archbishops and Bishops returned from Lewelin to the King at Glocester, and informed him, That before any Treaty, he desired the Noblemen that were confederated with him, might be received into Favor: Then the King sent out his [8] 1.302 Letters to all those that were [ D] proscribed, to meet at Glocester on the 29th of May, to be reconciled unto their King▪ and to be restored to their Inheritances; The Archbi∣shop and Bishops promising them safe Conduct. [9] 1.303 The first that came to the Kings Peace was Hubert de Burgh, late Justiciary of England, and Earl of Kent, whom the King received with Kisses and Embraces. [1] 1.304 After him came Gilbert Basset, and Richard Sward, with many others, who were proscribed with them, and were all received with the Kiss of Peace, and reconciled to the King, [ E] and had all their Rights and Inheritances restored, of which their Reconciliation [2] 1.305 and Restoration he gave Lewelin speedy no∣tice; and also at the Intercession of the Archbishop, He Granted to Gilbert Brother to Richard Earl Mareschal, late deceased, all his Inheritance both in England and Ireland, and received his Ho∣mage; And on Whitsunday following at Worcester He Knighted him, and gave him the Mareschals Staff of his Court, and received Hu∣bert de Burgh, Gilbert Basset, and Richard Sward into his [ F] Councils.

The Archbishop and Bishops that were sent to Treat with Lewelin, made a [3] 1.306 Truce for two yeas, from the Feast of St. James, or 25th of August following, upon these conditions, That all injuries done on both sides since the last Truce, should be referred to those at

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made it: That all Lands taken from any one in the late War, should be restored; That all Men and Tenents that had receded from the Fealty of their Lords, and adhered to the contrary party, might return again without damage, or being questioned for it; Of this Truce he gave no∣tice to his Brother Richard Earl of Cornwal, and Ralph de Tony, that they might be taken into it, if they would, for their Lands in the Marches.

[ A]

At the same meeting the Arch-Bishop, produced a Copy [4] 1.307 of that Treacherous Letter that was sent into Ireland against Ri∣chard Earl Mareschal; And the King,* 1.308 before the whole Assembly of the Bishops, Earls, and Barons, protested, that through the importu∣nity of the Bishop of Winchester, Peter de Rivallis, and other Counsellors, he consented his Seal should be put to those Letters; but assured them upon his Oath he never saw the Tenor of them: [ B] Then the King summoned the Bishop of Winchester, Peter de Ri∣vallis, Stephan Segrave, and Robert Passelew, to appear on the Feast of St. John Baptist, to give up their Accounts, and to answer to such Crimes as should be objected against them, and stand to the Law. But being conscious of their own wickedness, and not da∣ring to stand a Tryal, some took Sanctuary in Cathedral or Conventu∣al Churches, and others fled, as was believed, but hid themselves in the New Temple.

[ C]

Then the King [5] 1.309 at the request of the Arch-Bishop promised them safe Conduct, and appointed the 14th of July for them to ap∣pear at Westminster, to answer to the Articles against them. Pe∣ter de Rivallis was the First that appeared in a Clercs Habit, and saluted the King sitting upon the Bench with his Justices, who as soon as he saw him, called him Traytor, and accused him for giving him pernicious Counsel, and required him to give an account of his [ D] Treasuryship, the Wardships of young Noblemen and Women, and Escheats, and other Profits of the Crown, and then told him he would commit him to the Tower. He said he was a Priest and ought not be imprisoned, or be in the custody of Lay-men. The King told him he had hitherto behaved himself as a Lay-man, and as such he exacted what was committed to him; yet said, the Arch-Bishop was present, and if he would undertake for him he should be deli∣vered to him. He was silent, and the King sent him to the Tower,* 1.310 [ E] and seized all his Lay-possessions, because under his Clercs Habit he had a Coat of Mayl, and a Knights Falchion at his Girdle, which did not become a Clerc; he remained there only two days, and then was taken out by the Arch-Bishop, carried to Winchester,* 1.311 and put into the Cathedral.

The same [6] 1.312 day appeared Stephan Segrave before the King; He called him Traytor, and added, that it was by his wicked Coun∣sel, [ F] Hubert Earl of Kent was removed from the Office of Justiciary, and imprisoned; And that many of the Nobility were proscribed: He required him also to give an Account of his Justiciaryship; and by the Mediation of the Arch-Bishop and Bishops, gave him time till Michaelmass following to prepare for it:* 1.313 Then the King named Hugo de Pateshulle a Clerc, his Justiciary, Son of Simon de Pateshulle, who had formerly managed that Office with great integrity.

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This year about the Feast of St. John Baptist, The [7] 1.314 Truce be∣tween the Kings of England and France expiring, King Henry sent o∣ver to the Earl of Brittain Sixty Knights, and 2000 Welch, to enable him to strengthen the weak places of his Dominions, because the King of France had raised a great Army, and had actually besieged one of the Earl of Brittains Castles, but was soon defeated by the English Forces,* 1.315 and many of the French were slain, and all their [ A] Baggage was taken; which so fretted the King of France, that he gathered together what Forces he could, and was resolved to invade Brittain. This affrighted the Earl so much, that he desired a Truce till All-Saints following, which was granted upon delivery of three Castles, and upon condition, that i in that time the King of Eng∣land came not personally to his Relief, he should deliver all Bri∣tanny, and his Castles there to the King of France. In the mean time he sent to the King of England to know whether he would [ B] come over in person to his assistance, If not, He would deliver up all Britanny to the King of France.* 1.316 King Henry answered, the Re∣venues of his Crown were not sufficient for the Defence of that Countrey, as he found by the three last years expences, and was wea∣ried in being at so great charge to so little purpose. When the Earl had received this Answer, he went directly to the King of France with a Rope about his Neck, and [8] 1.317 acknowledged him∣self a Traytor, and then surrendred to him all Britanny, with the [ C] Towns and Castles. The King of France told him he was a most wicked Traytor, and accordingly deserved a most shameful death, yet he would grant him Life, and Britanny to his Son as long as he lived, and after his death it should be annexed to the Crown of France.

When King Henry heard what he had done, [9] 1.318 He seized on all Rights and Honors that belonged to him in England. This misera∣ble Earl being thus spoiled of all his Honors and Revenues, betook [ D] himself to the Seas, and became an execrable Pyrate.

In the year 1235. King Henry at Christmass kept his Court at Westminster, with very many Bishops [1] 1.319 and great Men of the Kingdom. About Candlemass [2] 1.320 Stephen Segrave and Robert Passelew paid each 1000 Marks, but were not received into the Kings former Favour, as they expected.

[ E]

About Easter following, Peter [3] 1.321 Bishop of Winchester, at the Popes command went to Rome, to assist him in his Wars against the Citizens of Rome, (between whom and the Pope there was a very great difference) The Pope well knew the Bishop was very rich, and also experienced in Military Affairs, being brought up under the Magnificent and Warlike King Richard in his Youth, and under∣stood [ F] better how to Fight then to Preach.

This year Isabell the Kings Sister was [4] 1.322 Married to Frederic Em∣peror of Germany, and was conducted to the Emperor by the Arch∣bishop of Cologne and Duke of Lovain, [5] 1.323 for whose Marriage the King received two Marks of every Plough-land, and gave to the Em∣peror for her Portion 30000 Marks. The Words are in Paris, Rex cepit carucagum, dus Marcas de Caruca. But it ought to have been Rex

Page 563

cepit Scutagium, duas Marcas de Scuto. For there was never so great a Tax upon a Plough-land. See the Prior of Coventry's Plea, Com∣munia de Termino Sancti Hillarii 17 E. 3. with the Kings Remem∣brance in the Exchequer. Est compertum etiam in quodam Rotulo com∣potorum Regis Henrici Titulato: Auxilium Episcoporum, Abbatum, Pri∣orum, concessum, ad sororem Regis Henrici maritandum Frederco Im∣peratori, videlicet de quolibet Scuto duas Marcas; Two Marks of eve∣ry [ A] Knights Fee.

In the year 1236, The King at Christmass [6] 1.324 kept his Court at Winchester, and on the 14th of January was Married at Canturbu∣ry by Edmund Arch-Bishop of that place, to Alienor Second Daugh∣ter to Reimund Earl of Provence, and she was most splendidly and solemnly Crowned [7] 1.325 Queen at Westminster on the 19th of that Moneth. After the celebration of the Nuptials was past, the King went from London to Merton, where he met his Great Men, to [ B] Treat with them about the Affairs of the Kingdom.

At this time and place were made the Laws [8] 1.326 called the Statutes of Merton, by the deliberation and consent only of the Arch-Bishop of Canturbury, and his fellow Bishops, and the major part of the Earls and Barons, by the Grant of the King.

Die Mercurii in crastino Sancti Vincentii in Curia Domini Regis apud [9] 1.327 Merton, Coram Domini Rege Henrico, & coram venerabili [ C] Patre Edmundo Cantuariensi Archiepiscopo, & Copiscopis suis, & coram majori parte Comitum & Baronum nostrorum Angliae, pro Coro∣na Domini Regis & Reginae pro cummuni utilitate totius Angliae, Pro∣visum fuit tam a praedicto Archiepiscopo, Episcopis, Comitibus & Ba∣ronibus quam a nobis, & concessum, Quod de caetero isti articuli teneantur in Regno nostro Angliae.

[ D] Thither came the Emperors Messengers with Letters from him to desire the King without delay, to send over [1] 1.328 Richard Earl of Cornwal his Brother to his assistance against the King of France, whereby the King of England might not only recover what he had lost, but also much enlarge his Transmarine Dominions. To whom the King by the advice of his Great Men returned this Answer, That they could not judge it safe or expedient to permit one that was so young, and the only and Apparent Heir (Ʋnicus & manifestus Hae∣res [ E] Regni) of the Crown, and hope of the Kingdom, to expose his person to the hazards of War.* 1.329 But if his Imperial Excellency would make choice of any other of the Nobility or Great Men of the King∣dom, they would readily yield to his commands, and give what as∣sistance they were able. Then the Messengers returned with this Answer to the Emperor.

Notwithstanding the Solemn Truce that had been made for two [ F] years, from the 25th of July,* 1.330 of the Feast of St. James in the 18th of Hen. A. D. 1234. to the same day in the 20th of his Reign, A. D. 1236. yet there were many Land Piracys committed in the time, much Plundering and Robbing, which they Termed interception; for on the sixth of March that year Ralph * 1.331 Bishop of Hereford, the Dean of Hereford, Walter de Clifford, and Walter de Beuchamp were again constituted Dictators of amends to be made, for Dama∣ges

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done on both sides, and for the Interceptions made (as was said) Prince Lewelin of Averfrau, and Morgan of Carleon concerning the Castle of Carleon.

And after this Arbitration or Determination what amends was to be made on both sides, Edmund Archbishop of Canturbury renewed the * 1.332 Truce for one year longer, That is until the Feast of St. James in the One and Twentieth year of his Reign, between King Henry [ A] and Prince Lewelin, and all that were openly concerned on either side, so as the King and Prince should be in the same possession of Lands and Tenements, Men and Homages as they were the Day of the making this Truce; Saving to Morgan de Carleon his Lands and Chattels, which Gilbert Earl Marhal possessed himself of, within the time of the Truce. If any Lands or Castles had been sei∣sed During the Truce, no Amends were to be expected for them; but for goods or moveables, amends was to be made for them by the [ B] Arbitrators, which were sometime called Correctors, sometimes Dicta∣tors of amends.* 1.333 The Truce still to continue, so as no Namia, Re∣prisals or Distresses were to be taken, for any Interception made of moveables within the time of the Truce, nor for any contention be∣fore the making of it. No new Castles were to be Built or Forti∣fied in the Marches, or those which were Demolished repaired, du∣ring the Truce, and the Lands in the Marches were to remain Commune according to the Stipulation in the last Truce. [ C]

* 1.334On the 29 of April the King [3] 1.335 called the great men of England (Congregati sunt magnates Angliae ad Colloquium) together at Lon∣don, to treat about the Affairs of the Kingdom, and on the first day of the Assembly, he removed into the Tower of London; but not one of the Great men would come to him, whereupon he came again to his Pallace, and in treating of many things, for the Good of the Realm,* 1.336 the King laudably performed one thing, which was to [ D] remove all Sherifs that were unjust and unfaithful in the discharge of their Office, and substituted men of Birth and Estates in their Room, who would not so readily be corrupted by Gifts and Rewards, and made them Swear they would receive no other Presents but Meat and Drink, and that very moderatly. In this Assembly the King of Scots by his Messengers required of the King, the restitution of such Rights as belonged to him by Charter,* 1.337 and the Testimony of many great men, but nothing was determined in that Affair. At the same [ E] time was a great difference between Richard Earl of Cornwal, and Richard Sward, which the King endeavoured to compose, but could not,* 1.338 and thereupon he Banished Sward the Kingdom. He likewise removed Ralph Fitz-Nicholas the Steward of his House, and many other great Officers of his Houshold, both from their Offices and his Council; and [4] 1.339 required the Bishop of Chichester his Chancel∣lour, [ F] to deliver up the Great Seal, but he refused, Affirming he re∣ceived it by the Common Council of the Kingdom (Communi Consilio Regni) and would not resign it up to any one without their Consent. At this time the Emperor sent to demand the Money King Henry had promised with his Sister.

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Some time in May [5] 1.340 Peter de Rivallis,* 1.341 and Stephan Segrave were received into the Kings Favor.

On the 8th of [6] 1.342 June the King called the Great men of England together at Winchester; where the King by virtue of the Popes [ A] Bull endeavoured to void some Grants he had made before he was Married, alledging they were invalid because they wanted the Popes Confirmation, to whom the Right of the Kingdom belonged, (ad quem jus regni Spectabat conferre.) The Great men were much surprised at the Kings endeavors to enslave his Kingdom to such base Con∣ditions.

This year the [7] 1.343 King by the advice of his Great men went to York to compose the difference between him and Alexander King of [ B] Scots; who affirmed he had not only a Charter, but the Testimo∣nies of many Bishops, Earls and Barons of King Johns Grant of the County of Northumberland to him upon the Marriage of his Daughter Iohanna. Adding, That if he would not peaceably re∣store unto him his Right, He would recover it by force. That which encouraged the King of Scots to make this Demand at this time was,* 1.344 that Leolin Prince of Wales would be easily induced to break Peace with King Henry, and the Affinity of Gilbert Mareschal who had [ C] marryed Margaret his Sister, and also the present Hostilities beyond Sea. [8] 1.345 The King of England having consulted his present Cir∣cumstances, for the preservation of the Peace of his Realm, offered the King of Scots in lieu of the County of Northumberland the year∣ly revenue of LXXX Marks in some other place, which gave satis∣faction to all, and so this Colloquium or Conference was Dissol∣ved.

[ D] This year the [9] 1.346 Fryars Predicants, and Minors, went through Cities, Towns, Castles, and Villages in England, and offered plenary Indulgences to any who were confessed, and truly penitent, that would undertake the Cross; and soon after the Pope sent into Eng∣land Fryar Thomas a Templar and one of his Domestics with his Bull to absolve any one from his vow upon payment of a certain Summ of Money towards the defraying the Expences of the Holy War, and whoever should pay any Money for this end, although he was [ E] under no Vow, yet he should have the Benefit of this Indul∣gence.

In the year 1237. at Christmass the King kept his Court at [1] 1.347 Winchester, from whence he sent out his Writs, Commanding all that belonged to the Kingdom or Government, namely Archbishops, Bishop, Abbats, Installed Priors, Earls and Barons. That all without fal should meet at London on the * 1.348 Octaves of Epiphany, to treat [ F] about the Kings Affairs, which concerned the whole Realm, Rex praecipiens omnibus ad regnum Angliae spectantibus videlicet Archiepisco∣pis Episcopis Abbatibus Prioribus installatis, Comitibus & Baronibus, ut omnes sine Omissione in Octabis Epiphanae convenirent regia negotia tractaturi totum Regnum contingentia. The Great men yielded a ready obedience to the Kings Summons, believing some very great and diffi∣cult affairs were to be transacted, and accordingly on St. Hilary's day

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an infinite Number of the Nobiliy, that, is the whole Ʋniversity of the Kingdom met at London, Infinita Nobilium multitudo, scilicet Regni totalis Vniversitas Londonias venit. When they were all met and Seated in the Kings Palace at Westminster, William de Kele Clerc, and a Domestick of the Kings, a discreet man, and well skilled in the Laws, arose, and as a Mediator between the King and Great Men,* 1.349 declared the Kings Pleasure and intention. That the King Commanded him to tell them that whatever he had done hitherto, He [ A] would for the future be wholly directed by their Counsels, who were his Natural and Faithful Subjects. That those who had been his former Treasurers, had been unfaithful in that Office. That the Kings necessities at this time pressed him to require an Ayd of them, but he would consent that whatever was granted should be both Col∣lected and Disposed of for the necessary uses of the Kingdom, by such whom they should name and choose for that purpose. To this they replyed,* 1.350 That they had very often Granted and paid sometime a [ B] Twentieth, then a Thirtieth, and again a Fiftieth part to the King; yet h could never be prevailed with to remove or banish from him any one of the Enemies of the Kingdom. That he had never enlarged but had streightned his Dominions; And for the Assistance of others, had extorted very frequently great Summs of Money from his own natural men (à naturalibus suis hominibus) as from the meanest of Slaves. The King Answered,* 1.351 That his Sisters Portion Paid to the Emperor, and his own Wedding had emptied his Pockets, and if they would [ C] grant him a Thirtieth part, He assured them upon Oath, He would never more give them an Occasion to Complain. They replyed, That these things were done without their consent, and seeing they were free from the fault, they ought not to partake of the punishment. After this they retired to consider how they might moderate and also satisfie the Kings desires. And on the other side, the King being much [2] 1.352 concerned how he should gain the good will of his Barons; assu∣red them, that he never endeavoured by the Popes Bull to void those [ D] Grants he had confirmed to them by his Charter; and if any such thing had been Suggested to him, he altogether disallowed it, and that he would inviolably observe all the Liberties of the Great Charter. (Omnes Libertates Magnae Chartae observare) and for their better secu∣rity, Commanded the same Sentence that Stephan Archbishop of Canturbury denounced against the infringers of this Charter, to be again solemnly pronounced, that the Violators might be the more in∣excuseable. After this he added the Earl of Warren, William Fer∣rars, [ E] and John Fitz-Geofry to his Council, who Swore they would never be corrupted by gifts to deviate from truth, and would al∣ways give the King good and wholesome Counsel.* 1.353 Then a Thirtieth part of all moveables was granted to the King, excepting every mans Gold and Silver, and his Horses and Arms, which were to be used for the Benefit of the Commonwealth.

And for the due [3] 1.354 Collection of the aforesaid Thirtieth part [ F] which was made the year following, four Trusty Knights (4 Milites fide dignos) [4] 1.355 were to be chosen in every County. To whom the King was to add one Clerc in every County in England, who were all Sworn duly to Collect and Secure the Money in some Abby, Church, or Castle, That if the King should recede from his promise, it might be restored to every one again. So that when the Collectors came to

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Levy, it was paid on this condition,* 1.356 That from thence forward the King should reject all Counsels and Advices of Forreigners and Stran∣gers, and adhere to those of his Faithful and Natural Men. Annexum fuit in conditione quod ex tunc & deinceps consilio alienigenarum, & omnium innaturalium derelicto, suorum fidelium & Naturalium homi∣num consiliis adhaerebit.

[ A]

About this time [5] 1.357 Leolin Prince of Wales, being wearied out with continual Wars and Age, sent Messengers to the King to de∣sire a confirmation of the League that was between them, and also to put himself and all his under his protection, and that he would hold his Lands of him in Fealty and Friendship, by an indissoluble League, promising to assist him in all his Expeditions with Men, Horse, and Money, as far as his ability would reach. The King ac∣cepted his Offer, and sent the Bishops of Hereford and Chester to [ B] confirm it. The Record on the close Roll of 21 Hen. 3. m. 11. Dors. Dated June 16. seems to give much credit to this Relation.

This year [6] 1.358 Hubert Earl of Kent incurred the Kings displea∣sure in Marrying Richard Earl of Glocester his Ward, to his Daugh∣ter Margaret, without the Kings consent, but was soon reconciled again; Hubert protesting that he did not know the King had de∣signed another for him: And also promised to pay a sum of Money, [ C] which appeased the Kings Anger.

About the Nativity of St. John Baptist, [7] 1.359 Frederick the Empe∣ror invited all Christian Princes to meet at Vantulur, to Treat about some difficult Affair, which concerned as well other Kingdoms as the Empire. The King of England designed to send Richard Earl of Cornwal his Brother, with other Great Men, under the conduct of the Arch-Bishop of York, and the Bishop of Ely to be his Deputies [ D] at this Meeting. The Bishop of Winchester was chosen, but he refu∣sed to go, because the King had formerly accused him to the Empe∣ror, as one that disturbed the Peace of his Kingdom. When every thing was prepared for their Journey, they had notice from the Emperor, that the Assembly was deferred till Christmass following.

About the Feast of St. Peter and St. Paul, June 29. [8] 1.360 Cardinal Otto the Popes Legate came into England at the request of the King, but without the Knowledge of his Great Men, for which (it was [ E] said) the Archbishop of Canturbury very much blamed the King, as a thing prejudicial to his own Dignity, and a great damage to the Kingdom. However he would not hearken to his Counsel, but re∣ceived him, as also did the Clergy, with great Pomp, Ceremony, and large Gifts, [9] 1.361 Some of which he refused (contrary to the usage of those which came from Rome) which very much abated the Hatred conceived against him; and by his endeavors Peter Bishop of Winche∣ster, [ F] Hubert Earl of Kent, Gilbert Basset, Stephen Segrave, and Richard Sward were reconciled to one another, as likewise ma∣ny others.

According to the [1] 1.362 Act made in the late Assembly of the Great Men at London, on St. Hilary's day, The Thirtieth part that was granted to the King, was to be Collected and secured in some Mo∣nasteries

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or Castles,* 1.363 to be disposed of towards the defraying the ne∣cessary expences of the Kingdom; but the King bestowed it upon Strangers, who carried it out of the Realm, and was now wholly Governed again by their Counsels, which much moved the Great Men, and more especially [2] 1.364 Richard Earl of Cornwall, who went to the King, and represented to him the miserable state of his Realm. That He had scraped from and spoiled his natural Sub∣jects of their Money and Goods, and had inconsiderately bestowed [ A] it upon Forreigners. Adding, that the Archbishoprick, and all the Bishoprics of England had been void in his time, except that of York, Bath, and Winchester, beside what arose from Abbies, Earldoms, Baronies, Wardships, and other Escheats, and yet his Treasury never increased. Moreover he had lately called in the Popes Legate, where∣by he had so inslaved himself, that He could do nothing in his Realm without his consent, and was no longer [ ] 1.365 King, but a Feudatary of the Pope. His principal Counsellors and advisers in [ B] these things, were John Earl of Lincoln, Simon Earl of Leice∣ster, and Fryar G. a Templar, all of them born within the King∣dom, which rendred them the more odious to the Nobility of Eng∣land. Quos idcirco magis habebant Nobiles Angliae exosos, Quia de Regno ipso duxerunt Originem: Yet Simon Montfort Earl of Leicester, and John Lascy Earl of Lincoln were of French and Nor∣man Extraction.

[ C]

On the 14th of September the King [4] 1.366 summoned his Great Men to meet him and the Legate at York, to Treat upon some great Affairs that concerned the Kingdom, Rex scripsit Magnatibus suis ut coram eo & Domino Legato in exaltatione S. Crucis apud Eboracum convenirent de arduis negotiis regnum contingentibus tractaturi. The King of Scots met him there to make an end of the difference that was depending between them.* 1.367 After much consultation and de∣bate, it was agreed That the King of Scots should have (Trecentas [ D] Libratas terrae) a. 1.368 Three hundred pound Lands by the year in England, [ a.] for which he should do Homage to King Henry, but should not build any Castles upon it, and was to quit all pretences to any farther claim. [5] 1.369 Then the Legate signified to the King of Scots, that he would go into Scotland, to Treat upon Ecclesiastical Affairs there, as in England, to whom the King answered, That He never remem∣bred a Legate called into his Kingdom, and (He thanked God) there was no need of any now; for neither his Father, nor any of his Antecessors [ E] had suffered any to enter, and as long as He was Master of himself He would hinder it; and withal advised him, to take heed how, and when he entred into his Land, for he had an ungovernable people, whose vi∣olence and fury would not be restrained. When the Legate heard these things,* 1.370 he altered his thoughts of seeing Scotland, and kept close

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to the King of England, whom he found very obsequious in all things.

In the year 1238. King Henry at Christmass kept [6] 1.371 his Court at Westminster, and on the day after Epiphany Simon Montfort Married Alienor the Kings Sister, the Relict of William Mareschal [ A] late Earl of Pembroke. Soon after the [7] 1.372 Pope hearing great di∣sturbances were like to arise in England, upon the calling in, and continuance of his Legat there, He sent his Letters to revoke him: but he being very unwilling to part from England, where he reap∣ed such advantages, prevailed with the King, Earl Richard and all the Bishops to certify to the Pope under their Hands and Seals, that his continuance here in England would be of great advantage to the King, the Church and the Realm.

[ B] When [8] 1.373 Earl Richard and the Great Men heard that Simon Montfort had privately Married the Kings Sister Alienor, they ve∣ry much stomached it, because it was done without their privity and consent, and Earl Richard went to the King and gave him hard words, because he still adhered to, and was guided by the Counsels of Strangers, contrary both to his Promises and Oaths. Gilbert Earl Mareschal, and all the Earls and Barons of England, seconded Earl Richard, whom they looked upon to be the Man that should [ C] free the Land from Romans and other Strangers. No one now stood close to the King but Hubert Earl of Kent. When the Legat saw the danger the Kingdom was in, He applyed himself to Earl Richard,* 1.374 and advised him to desist, and promised him very large possessions from the King, and a confirmation of them to him from the Pope. To whom the Earl answered, That he had nothing to do with the Estates of Lay-men, or their Confirmation, and might concern him∣self with Ecclesiastical Matters: But would not have it seem strange [ D] to him that he was so much concerned for the present state of the Kingdom, seeing He was apparent Heir to the Crown, (Cum sim∣solus Haeres Apparens); And altho so many profits, accrued every way to the King, yet the Treasury was empty, when the King∣dom was on every side encompassed with Enemies, and Strangers, enriched with Church Revenues and Benefices, Given and Founded by our pious Ancestors.

[ E] When the Legat heard this [9] 1.375 he endeavoured by admonition, Entreaties, and threats, to allure or affright them into a comply∣ance, but to no purpose, for the King saw their inclinations were bent toward his Brother. He therefore when he could prevail no∣thing, desired time till the day after the first Sunday in Lent to give his Answer.

[1] 1.376 Accordingly on the day appointed the Great Men met at Lon∣don, [ F] guarded and strengthened with Horse and Arms (Equis & Armis Communiti) to constrain the King, if he refused to the performance of the promises. After many Debates, the King promised to sub∣mit himself (Provisioni quorundam de gravioribus viris) To the De∣termination or direction of some of the most discreet Men; which was reduced into writing, and Sealed both by the Legat, and the other Great Men. At thi time Simon Montfort and the Earl of Lincoln,

Page 570

by their humble submission, and the intercession of others, and some Gifts,* 1.377 so wrought upon Earl Richard, that he was reconci∣led to them, having first given caution to satisfy for the injuries committed, yet it blasted his Reputation, and his Integrity was sus∣pected. This year on the 4th of March dyed Joanna Queen of Scots; eldest Sister to King Henry.

Simon [2] 1.378 Montfort seeing himself neglected by the King, Earl Richard and the Great Men, and his late Marriage with the Kings [ A] Sister like to be annulled, gathered what Money he could together, went to Rome, hoping to procure a Confirmation of his unlawful Marriage. The Countess of Pembroke remaining at Kenilworth great with Child, expecting the event of the Journey. With his [3] 1.379 Money he so prevailed with the Pope, that notwithstanding it pleased not Edmund Archbishop of Canturbury, and his opposition, He wrote to his Legate Otto to give Sentence for Simon Montfor, [ B] and on the 14th. of [4] 1.380 October he returned into England, and was received by the King with a Kiss and great Joy, and likewise by all the Courtiers.

This year [5] 1.381 the Legate went to Oxford, and was Honorably received by the Scholars, and lodged in the Abby of Osney. One day after dinner the Scholars came to pay their Respects to him. but were uncivily repulsed by the Porter, and ill Treated by the [ C] other Servants, which occasioned reproachful words on either side. In the mean time a poor Irish Scholar begging for some relief at the Kitchin Hatch, the Legates chief Cook cast a Ladle full of boiling water on his Face; A Welchmnn standing nigh him, and seeing this affront, cryed out, How long shall we endure this? and forthwith shot the Cook through the Body with an Arrow, who immediate∣ly fell down dead. When the news came to the Legate, He secured himself in the Church till night, and then by the benefit of the dark∣ness [ D] made his escape, and hastened to the King, and with many com∣plaints and Tears, related what had befallen him at Oxford [6] 1.382 Up∣on this, the King being moved, sent the Earl of Warren with some Armed Men to Oxford to relieve the Legats Servants who were still in the Abby, and to repress the insolence of the Scholars; the Earl took about Thirty and imprisoned them in Walingford-Castle; the Le∣gate after he had recovered his fright, called some Bishops to him, Interdicted Oxford, and Excommunicated all that were Abettors or [ E] consenting to the late Enormity. Soon after he summoned all the Bshops of England to meet him at London,* 1.383 on the 17th of May, to Treat with them about Ecclesiastical Affairs. The Bishops offered something in behalf of the Scholars of Oxford, urging, the Quarel was begun by the Legats own Servants, altho in the event the fault was on the Scholars side, whereof a great number of them were at his pleasure imprisoned, and the rest in a readiness to make their submission to him; [7] 1.384 At length the Legate was pre∣vailed [ F] upon to restore them on these conditions, That all the Scho∣lars should meet at St. Pauls Church (which was about a mile from the Legats Lodgings) and go on foot till they came to the Bishop of Carlisle's House,* 1.385 and there should put off their Coaps, Mantles, and Shooes, and go to the Legat's House, and humbly beg his Mercy and Pardon; which being done by the Scholars, the University

Page 571

was restored, and the Legate promised it should be no infamy or re∣proach to them.

This year soon after Easter the King sent assistance [8] 1.386 to the Em∣peror against his Rebellious Subjects in Italy, under the conduct of Henry de Trubleville, an expert Soldier, who were very successful in their attempts, and reduced many Cities to the Emperors Obe∣dience. [ A] He likewise sent a Letter to the Pope in the Emperors be∣half, which was taken very ill at the Court of Rome,* 1.387 and put a stop to all English Affairs for some time.

This year [9] 1.388 on the 9th of June Dyed Peter Bishop of Winchester at Fernham, after he had governed that Church about 32 years. The King endeavoured what he could to [1] 1.389 incline the Monks to choose William the Elect of Valence to succeed in that Bishopric, but could [ B] not prevail with them, for they made choice of William Rale, but the King refused him, and Swore he would never accept him. Then they proceeded to treat about another choice. When the King heard of it, he endeavoured to influence or affright them to complyance with him by promises and threats, but to no purpose, for they elect∣ed Ralph [2] 1.390 Neville Bishop of Chichester the Chancellor, which raised the Kings indignation to such a heighth that he bitterly reviled and reproached both the Monks and him, and violently forced from [ C] him the Great Seal, and delivered it to Galfrid a Templar, and John de Lexington, but the Profits of the Chancellorship, belonged still to the Bishop. Then the King sent two Lawyers Simon and Alexander, to the Court of Rome, who by Money and promises procured this Election to be voyded.

This year when the [3] 1.391 King was at Woodstock, on the 8th of September, there came one to his Court, who feigned himself mad, re∣quiring [ D] the King to resign his Kingdom to him; when the Ministers about the King would have forced him away with blows, he hindred them from offering any violence to him, affirming, he did nothing but what became a Mad man. But about Midnight it was discovered by one of the Queen; Maids, Margaret Biseth, who was at her De∣votions, that he made a close search for the King, who that night lay with the Queen; she cryed out, and with her noise alarumed the Guards, who broke in upon him, and secured him till next morning, [ E] upon Examination he confessed,* 1.392 that he was employed by William de Marisco the Son of Geofry de Marisco, to assassinate the King, and that many others were in the Conspiracy. Then he was Con∣demned to be drawn asunder by Horses at Coventry.

In the year 1239.* 1.393 King Henry at Christmass kept his [4] 1.394 Court at Winchester while he was at Dinner one Day, Gilbert Earl Mareschal came with several of his Friends to the Palace; [5] 1.395 but were [ F] denyed entrance by the Door-Keepers. The Earl (suspecting some∣thing had been whispered to the King to his prejudice) sent to the King next day to know the reason why such an Affront was offered him the day before. To whom the King replyed, That Rchard his Elder Brother was a Traytor and a Rebel, and continued so till Di∣vine Vengeance overtook him, and that through the importunate intercession of the Archbishop of Canturbury, not for his own merit,

Page 572

He had restored to him both his Brothers Office and Inheritance, but could recall it when he pleased. When the Earl heard the Kings Answer, he retired from Court, and went into the North of England. On Candlemass day following, the King made Simon Montfort [6] 1.396 Earl of Leicester, and received Stephen de Segrave again into his Council.

This year the Pope by his Letters [7] 1.397 revoked Otho his Legat; [ A] but the King fearing his Great Men would unanimously oppose him next Parliament, sent away Messengers to the Pope to permit him still to continue in England to appease the Troubles he ex∣pected.

Soon after Easter the [8] 1.398 King being sensible of his own indiscreti∣on, in discharging the Bishop of Chichester from the Chancellorship, and [ B] removing him from his Court, used all allurements he could to pre∣vail with him to return to his Office, but he refused, still remembring how he had been treated by the King in procuring his Election to Bishopric of Winchester to be voyded; when he had served both him and his Father so long with Fidelity and integrity.

This year in Lent Pope Gregory [9] 1.399 Excommunicated and Anathe∣matized or Cursed Frederick the Emperor, because he justified himself, [ C] and would not hearken to his admonitions.

On the 16 of June following Queen [1] 1.400 Alienor was safely brought to Bed of Prince Edward at Westminster, and on the 4th day after war Baptised by the Legat (although he was no Priests,) and the Arch∣bishop of Canturbury confirmed him in the Conventual Church, in the presence of many Bishops and Great Men.

[ D]

This year [2] 1.401 William one of the Kings Messengers being convicted of many Crimes, was Condemned to Dye; but to prolong his own Life, he accused several of the Court of Treason, and among the rest Ranulph Brito, Canon of St. Pauls and Treasurer, who was by the Kings Writ to the Major of London, apprehended and Imprisoned in the Tower. Whereupon the Dean of London with the Canons in the ab∣sence of the Bishop, proceded to excommunicate all that were actually concerned in this violation of the Church's Peace. And the King be∣ing [ E] admonished by the Bishop to correct his Error, neglecting it, the whole City of London was threatened to be Interdicted by the Legate,* 1.402 Arch-Bishop, and Bishop of London Then the King (though against his Will) released him, but on this condition, that he should appear when ever he should call him to his Tryal, but the Church would not consent to it, so at length he was set at liberty, but dis∣charged [ F] the Court. Stephen Segrave was now become one of the Kings chief Counsellors, and behaved himself with more modesty and prudence then formerly. Soon after the person that defamed Ranulph, and many others, was executed on a Gibbet; and then confessed that he accused them only to prolong his own Life.

Page 573

On the 9th of August [3] 1.403 the Great Ladies met to accompa∣ny the Queen to her Churching; when the King saw Simon Mont∣fort Earl of Leicester, and his Wife there, He told him he was an Excommunicated person, and prohibited both him and his Wife to be present at that Solemnity; adding, that he had first corrupted [ A] his Sister, and to avoid scandal had Marryed her; and then went to Rome to procure the Popes Confirmation of this unlawful Mar∣riage: when the Earl heard these words from the King [4] 1.404 he was much abashed, and that Evening took Ship with his Wife, and some few attendants, and passed over Sea.

On the last of July the [5] 1.405 Bishops met at London to consider how they might relieve the Church of England from those oppressions it lay under, by the perpetual exactions of the Popes Legat. But in∣stead [ B] of easing them, He demanded Procurations: To whom they ge∣nerally Answered; That the Church had been so often squeezed by him, and others from Rome, that they could endure it no longer; so the Council was dissolved, not without Murmurs and Com∣plaints, yet he extorted much Money from the Religious.

Soon after the Legate went towards. [6] 1.406 Scotland with a guard of English to secure him from any treacherous attempts. But [ C] before he entred that Kingdom, he was met by the King of Scotland, who told him, That never any Legate had entred there before, and there was no occasion for any at this time, for Christianity flourished there, and the Church was in a prosperous condition. But when words began to multiply on both sides, and the King ready to prohibit his Entrance,* 1.407 through the intercession of the Great Men of England, it was agreed under Hand and Seal of the Legate that this should not be drawn into a president.

[ D]

This year several [7] 1.408 Articles of Treason, and high misdemea∣nors were by the Kings Order drawn up against Hubert Earl of Kent, pretended to be committed by him while the management of the Kings Affairs passed through his hands. To all which he an∣swered by [8] 1.409 Lawrence a Clerc of St. Albans (his close Friend in all his Adversities,) with such modesty and submission, that all that heard him, were satisfied with the Earls Innocency; although the [ E] King and all the Lawyers, or rather Serjeants, did what they could to make him guilty. Licet Rex cum omnibus prolocutoribus Bane,* 1.410 Quos narratores vulgariter appellamus, in contrarium niterentur. However, the wrath of the King was not appeased, until he had resigned into the Kings Hands four of his Castles, namely Blanch, Grosmund, Screnesrith, and Hatfield. The Articles, and the Earls [9] 1.411 Plea to them are to be seen at large in Lib. Additament. Paris f. 149.

[ F]

This year the Pope [1] 1.412 wrote to the King of France, to let him know that He had by the advice of his Brethren, excommunicated and deposed Frederic the Emperor, and had made choice of Earl Ro∣bert his Brother to succeed in the Empire, and promised not only his own, but also the assistance of the Ʋniversal Church, to establish him in the possession of the Imperial Crown. To which the King of

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France answered; That he knew not [2] 1.413 by what Authority so Great a Prince was deposed, nor was satisfied that the crimes ob∣jected against him were ever proved; and if they were, it ought to be done by the Act of a General Council, and not by the Pope who was his Capital Enemy; nor had he found so much Religion in the Pope as in him; and therefore would not be ingaged in so dange∣rous an Affair.

[ A]

In the year 1240. * 1.414 King Henry kept his Christmass at Win∣chester, where he Knighted Baldwin de Ripariis (that is Rivers) and then made him Earl of Wight, and Married him to the Daugh∣ter-in-law of his Brother Richard Earl of Cornwal.

In the Octaves of Epiphany (or 13th of January) [4] 1.415 the Arch-Bishops and Bishops with many Great Men (Cum multis aliis Mag∣natibus) met at London, the Legate being present; where before [ B] the King in his own Court they made grievous Complaints of the Injuries, Oppressions, and Desolations that were brought upon the Church by his means, contrary to his Charters and Oath, in keep∣ing many Churches void for a long time, and taking the Profits of them, and for hindring Canonical Elections. And about 30 Chap∣ters,* 1.416 (30 Circiter Capitulae) seconded the Bishops in their complaints against the King, and at length they proceeded to Excommunicate all those Counsellors of the Kings who had inclined his Mind to such [ C] Enormities.

At this time the King received Letters by Messengers from [5] 1.417 the Emperor, wherein he complained that he had forgotten he had Mar∣ried his Sister, when he suffered the Popes Sentence of Excommunication against him to be published in his Realm, and had inconsiderately called in, and continued in his Kingdom the Popes Legate, and Coad∣jutor in these practices against him. Wherefore he desired he might [ D] be thrust out of England as an Enemy, and pillager of his Subjects; to whom the King most shamefully answered,* 1.418 That he ought to obey the Pope and his Ecclesiastical Commands, because he was His Tributary and Feudatary. [6] 1.419 However, after some consultation with himself, he advised the Legate to leave his Kingdom, lest by his stay here he should incense the Emperor. He replyed, that he had cal∣led him into his Kingdom, and therefore required safe conduct for his return; but in the mean while he was not idle in collecting and [ E] [7] 1.420 forcing the Clergy to pay Procurations; Moreover, hearing (as he said) that some that had undertaken the Croysado, and were unable to fight, went to Rome for Absolution from their Vow; by his Letters he invited all such that were desirous of [8] 1.421 Absolution, and willing to spare their labour and expences to come to him, and upon the payment of a sum of Money they should be Absolved from their Oath, for that he had received the Popes Command, that he ought not bare∣ly to Absolve them, but also to compel them to redeem their Vow. [ F] That is, to compound for their Absolution.

In April following, Simon [9] 1.422 Montfort Earl of Leicester re∣turned again into England and was very kindly received by the King and Court; but designed to make no stay here, but only to furnish himself with Money from his Tenents, and other necessaries

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for his journey to the Holy Land. At the same time there arose such a difference between the Scholars and Citizens of Oxford, that many of them removed from thence and came and settled at Cambridge, [1] 1.423 where the Scholars obteined certain Liberties from the King against the Townsmen, and had his Grant or Charter of them.

About this time also the King [2] 1.424 caused the Citizens of London [ A] and the Wardens of the Cinque Ports to Swear Allegiance to Prince Edward his first Born.

On Tuesday before the [3] 1.425 Feast of St. Dunstan, which was May the 14th, David the Son of Lewelin Prince of Northwales offered King Henry his Homage for that Principality, and the Lands which King Henry's Barons held there; And they both submitted themselves to the Arbitrement of Cardinal Otto the Popes Legat, and the Bi∣shops [ B] of Norwich and Worcester, the Earl of Cornwall, and John de Monmouth on the Kings part; and the Bishop of St. Asaph, Ide∣nevet Vaghan, and Eynguan Vaghan on Prince Davids part; And both parts bound themselves by Oath, to stand to this Arbitration; and furthermore they both submitted themselves to the Jurisdiction and Determination of the Legat so long as he staid in England,* 1.426 to compel either part by Ecclesiastical Censure, that should not observe the Articles of the Arbitration, or refuse to make amends for any [ C] Transgression against it as he should award. And after this Legantin Office was determined, or that he was Recalled, then they submitted themselves to the Jurisdiction and Coertion of the Arch-Bishop of Canturbury and his Successors, and Church of Canturbury. And by this Peace all the Homages of the Barons of Wales were to be per∣formed to the King, and all Burnings, Slaughters, and other mischiefs done on both parts were to be remitted,

[ D]

About that time [4] 1.427 the Arch-Bishops, Bishops, Abbats, and some of the Great Men of England met at Reding, to hear from the Le∣gat what the Popes demands were. When they were come toge∣ther, and Silence made, The Legat declared the Popes care, and charge in securing the Peace of the Church against the assaults of Frederick the Emperor; and for his support he required one Fifth part of all Goods. The King had before given his consent, affirming he nei∣ther [ E] [5] 1.428 would nor durst oppose the Pope: But the Bishop looked upon this as an insupportable burden, and that it concerned the Ʋniversal Church; wherefore they desired time to deliberate upon an Affair of so great weight [6] 1.429. After some consideration, the Archbishop of Canturbury consented to pay the Fifth part of his Rents, which amounted to 800 Marks,[7] 1.430 and the rest of the Prelates of England followed his example. But when they saw the Church of England was every day more and more oppressed, spoiled, and [ F] deprived of its Liberties, without hopes of remedy, and that the 800 marks he gave to the Pope, availed nothing, he left England, and setled himself in the Abby of Pontiniac in France.

This year the [8] 1.431 Pope sent his Precept directed to the Arch-Bishop of Canturbury, and to the Bishops of Lincoln and Salisbury,* 1.432 com∣manding them to prefer 300 Romans to the first vacant Benefices in

Page 576

England, and not to collate any others till they were all sufficient∣ly provided.

This year [9] 1.433 the Pope sent into England Peter Ruby, to be his Collector in England, who went about to the Chapters of Reli∣gious Houses, and of some he gained a promise to pay so much Mo∣ney for uses not mentioned, as such a Bishop, or such an Abbat had done; and then urged to others their examples, whereby many [ A] were seduced and cheated of their Money. When the Abbats were sensible of this detestable practice, [1] 1.434 two of them, namely the Abbats of St. Edmund, and of Battle-Abby, went to the King and made known their grievance to him, urging, if such Exactions were suffered, the Baronies they held of him would not answer the Ser∣vices that were due to his Crown;* 1.435 and therefore they humbly sup∣plicated him for remedy and redress. But the King received them with frowns, and told the Legat, who was then present, that He [ B] might do what he pleased with them, adding, that he would accom∣modate him with one of his Castles, to imprison them: Upon this some yielded to the fore-mentioned exactions, but others refused to bring themselves under such detestable servitude; [2] 1.436 Then the Le∣gat with Peter Ruby Assembled the Bishops at Northampton, but could gain no positive Answer from them, but only several excep∣tions against the Contributions. Then he summoned the Rectors of Churches in Berkshire to meet him and his Accomplices, and endea∣voured [ C] both by promises and threats, either to allure, or affright them into a complyance;* 1.437 But they resolutely stood it out, affirming they ought not [3] 1.438 to contribute any thing against the Emperor, because he was neither convicted or condemned by the judgment of the Church, nor because he possessed himself of the Patrimony of the Church, which used not Secular force against Hereticks, although he was Excommunicated by the Pope: Item, That as the Roman Church had its own Patrimony, so other Churches had theirs also, by the Grants [ D] and Beneficence of Kings, Princes, and other Great Men, no ways Tri∣butary to the Church of Rome. Item, That although the care of the Church belonged to the Pope, yet the Dominion and Propriety did not. Item, That their Revenues were so small, that they would scarce supply them with necessaries; therefore they ought not to be compelled to any Contribution.

When the [4] 1.439 Legat and his Accomplices saw the steadiness and [ D] constancy of the Clergy one to another, they endeavoured to set them at variance. The Legat went to the King, and soon in∣clined him to favour the Popes cause; and his Associates, went to the Bishops and Archdeacons, some of whom they gained by promi∣ses of preferments, and rewards; and by this means the unanimity and strength of the Ʋniversity of the Clergy was broken. [ F]

This year Gilbert [5] 1.440 Earl Mareschal, was through the pow∣erful intercession of Richard Earl of Cornwal reconciled to the King. And Mauritius Justiciary of Ireland came to London, and by the Kings means the Earl Mareschal and He were made friends; and soon after [6] 1.441 Simon Norman the Chancellor, and the Kings chief Favorite, and the Legats close Friend, was removed from the Chan∣cellorship, and all other preferments, but the Archdeaconary of Nor∣with.

Page 577

This year [7] 1.442 Edmund Archbishop of Canturbury dyed beyond Sea.

In the year 1241.* 1.443 King Henry [8] 1.444 kept his Christmass at West∣minster, where he Knighted the Legat's Nephew, and a Provincial; and gave them plentiful Revenues. Four days after the Legat re∣ceived Letters from the Pope, commanding him without delay to come to Rome. After he had taken his solemn leave of the King, [ A] with many Sighs and kind Embraces, they parted; He took Ship at Dover the day after Epiphany, and left England; no one but the King [9] 1.445 lamenting his departure; for he had so pillaged the Clergy, that (setting aside the Holy Vessels, and Ornaments of the Church) he left them not so much as he had extorted from them; besides 300 Rich Benefices and Prebendaries were appropriated to his own and the Popes use.

[ B] This year [1] 1.446 the Jews were fined, and forced to pay the King 20000 Marks, or were to be banished, or perpetually imprisoned.

This year the Pope [2] 1.447 wrote to the Abbat and Convent of Burgh, Commanding them to Grant unto him One of their Parsonages of the yearly Rent of 100 Marks, but if it were double that value it would please him better; and He would Rent it to them again, at 100 Marks by the year, and the residue should be their own. He like∣wise [ C] wrote to many Romans that were Beneficed in England, to sol∣licite and further it by admonition, if not, to compel them to a com∣plyance with his desires. The Monks answered, they could do nothing without the Kings consent, who was their Patron and Founder;* 1.448 and also their Abbat was now absent. Then the Italian Clercs came into England to Peterburgh, and urged them to do it without either the Privity of the King or their Abbat. This the Monks utterly re∣fused, but desired they might not be pressed for an Answer till their [ D] Abbat came home; and then they sent [3] 1.449 and acquainted their Ab∣bat with the whole business, who sent William de Burgh his Clerc to the King, to let him know how dangerous the consequence of such a thing might prove. The King being made sensible of the detriment the Church would hereby sustain, and detesting the Covetousness of the Court of Rome, strictly prohibited them from proceeding any further in such enormous Attempts.

In April following the [4] 1.450 Monks of Canturbury by the Contri∣vance [ E] and great industry used by the King in that affair, elected Boniface Queen Alienors Uncle, Archbishop of the placr, who was ap∣proved of, and confirmed both by the King and the Pope. This year June the 27 Gilbert Earl Mareschal was [5] 1.451 killed by the unruliness of his Horse after the Rains were broken in a Tournament at Hert∣ford. At the same time Robert Say one of his Knights was likewise slain, and many Esquires wounded and hurt.

Otto the Popes Legat at his Departure left behind him [6] 1.452 Peter [ F] Ruby, and Peter Supin, and with them the Popes Bull, by which they had power to Collect Procurations, to Excommunicate, Interdict, and by several ways to Extort Money from the English Church.

On [7] 1.453 Midsummer day June 24th, when Richard Earl of Corn¦wall and Poictou was in the Holy-land, the King of France invested his Brother with the Honor of that Earldom.

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This year [8] 1.454 Griffin the Son of Leolin Prince of Wales was trea∣cherously Imprisoned by his Brother David, who would not be perswaded to release him. Upon this Richard Bishop of Bangor first Excommunicated him, and then applyed himself to King Henry for Remedy, who sent to David and severely blamed him for his Treachery and unkindness to his Brother, and urged and commanded him to give him his liberty; to whom David returned a malepert Answer, Affirming Wales would never enoy peace if he were st [ A] at liberty. When [9] 1.455 Griffin understood this, He sent privily to King Henry, That if he would free him from his imprisonment, He would become his Tenent, and pay him 200 Marks a year for his Land, and swear Fealty to him, and would assist him in subduing the re∣bellious Welch: At the same time also Griffin the Son of Madoch, the most potent Man of the Welch promised the King his utmost assist∣ance, if he would enter Wales with force.

The King having so advantageous an Offer made him, joyfully ac∣cepted [ B] it, and [1] 1.456 summoned all who ought Military Service, to meet him at Glocester with Horse and Arms in the beginning of Autumn; and from thence with a great Army he marched towards Chester, which so affrighted David, that he capitulated, and freed his Bro∣ther from his imprisonment, and delivered him to the King, whom He sent with several other Noblemen of Wales, that were the Hosta∣ges of David, and other Welhmen to London, under the conduct of John de Lexintun, to be secured there in the Tower. Eight days after [ C] Michaelmass, David came to London, and having done his Allegiance, and taken on Oath of all manner of Fealty and Security to the King, he was dismissed in peace, and so returned home. These things were done between the 8th of September, and Michaelmass.

The exact History of this Welch Transaction was thus. The King had [2] 1.457 summoned David Prince of North-Wales, to appear before him at Worcester, to appoint Arbitrators in the room of such that were named in the Instrument of Peace made between them the year [ D] before (who were then beyond Sea) that they might do Justice according to that form of Peace. He came not, but sent three Mes∣sengers, one of which came to the King, without power to do what was required: Whereupon the King on the 19th of February, Com∣mands him by virtue of his Allegiance, all excuses laid aside, perso∣nally to appear at Shrewsbury on the Sunday before Palm-Sunday before such as he should send thither to transact that Affair.

On Sunday [3] 1.458 next before the Invention of Holy Cross, in the year [ E] 1241. (that is before the 3 of May) the day assigned to him, and the Marchers to appoint Arbitrators in place of those beyond Sea, to do, and receive Justice according to the form of Peace between the King and him; his Procurators or Commissioners appeared with full power to do what was desired. Ralph Mortimer, Roger Stew∣ard of Chester, and Griffin for themselves, and other Marchers ap∣peared, and desired Justice might presently be done, according to the proof of Witnesses at Shrewsbury, before Stephen de Se∣grave,* 1.459 [ F] and his fellow-Judges, who were there instead of the King: After two days wrangling, instead of Otto the Legat, the Bishops of Worcester and Norwich, the Bishop of Coventry, John Fitz-Geo∣fry, Herebert Fitz-Mathew, and Walter de Clifford were appoint∣ed Arbitrators: And a day was appointed a Moneth after Whitsun∣day at Maneford-Bridge beyond Shrewsbury, to hear what could

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any ways be proved concerning the injuries done on either side, and on that day, another day was appointed for Judgment to be given by the Arbitrators, according to the proof before them.

Not long after this, the King was informed, That [4] 1.460 David [ A] contrary to his Oath given unto him, had confederated with, and drawn off the Brothers of Griffin Son of Madoch, and certain of the Kings Men in Kers, who had done Homage to him, from their Ser∣vice and Fealty, and had received them into his Countrey; and that he intended to commit Burnings and Slaughters in the Lands of Ralph Mortimer, and other his Feudataries; That he had y force seized the Lands of O. Vaghan and his Nephews, against Justice, which were adjudged to them in his Court; That he had caused a Ship of Chester to be stayed in his Countrey, laden with Wheat and other [ B] Victuals, making no satisfaction to such as ought the Goods: That when he sent his Commissioners to Shrewsbury, in contempt of the King, he neither came, nor sent any Procurators to meet them.* 1.461 Whereupon he wrote to him on the 14th of July, that he should not omit to let him Know before the First of August, what satisfaction he would give for these Injuries.

Before the 15th of that Moneth [5] 1.462 Senana the Wife of his Bro∣ther Griffin came and complained to the King, That David had im∣prisoned [ C] her Husband, with his Son Owen, and in the name of her Husband, offered the King 600 Marks, to cause her Husband and Son to be released out of prison, so as he might stand to the Judg∣ment of his Court, whether he ought to be kept in prison; and that the King afterwards would by the Judgment of his Court according to the Law of Wales, cause him to have that part of his Fathers Inheritance, which he ought to have, which David by force with-held from him. And Senana undertook that her Husband and [ D] his Heirs should pay to the King and his Heirs for ever, 300 Marks a year; a Third part in Money, a Third part in Oxen and Cowes, and a Third part in Horses at Shrewsbury, to the Sherif of Shropshire. She undertook further for her Husband, That if at any time any Welch-man rebelled against the King or his Heirs, he would at his own cost compel him to give satisfaction; and for the performance of all this, in the name of he Husband Griffin, gave to the King as Pledges, Ralph Mortimer, Walter de Clifford, Roger de Monte∣alto [ E] Steward of Chester, Mailgun Son of Mailgun, Mereduc Son of Robert, Griffin Son of Maddok de Baunfeld, Howel and Mereduc his Brothers, Griffin Son of * 1.463 Wennuwen, who all undertook for Se∣nana, and gave the King their [6] 1.464 Charts, That what she pro∣pounded should be performed.

And all the Noblemen of Wales that favoured Griffin, swore Feal∣ty to King Henry, and gave him their [7] 1.465 Charts That they would [ F] faithfully serve him with all their force and power all days of their life, when ever he wanted their assistance; and that they would ob∣serve the Truce between them and Ralph Mortimer: And for the observation of these things, they put themselves under the Jurisdi∣ction of the Bishop of Hereford, or Bishop of Coventry, which the King should choose, to Excommunicate them, and all theirs, and Interdict their Lands, if they did any thing contrary to this Agree∣ment, which was Signed August the 16th.

Page 580

On the 29th of the same Month Prince David Sealed his [8] 1.466 Charter of Submission to the King; First, That he would deliver his Brother Griffin or Gruffith and his Son to him.

Secondly, That he would stand to the Judgment of the Kings Court, whether Griffin ought to be prisoner or not; and also for the Portion of his Fathers Inheritance, which he claimed according [ A] to the Custom of Wales, and should hold that Land of the King in Capite.

Thirdly, That he should restore to Roger de Monte-Alto Steward of Chester, his Land of Montalt, (or as it is commonly called) Maut∣haut, or Mould, with its Appurtenances.

Fourthly, That he should restore to other Barons, all such Lands, [ B] Lordships, and Castles, as had been taken from them, since the begin∣ning of the Wars, between King John and his Father Lewelin, Prince of Wales.

Fifthly, That he would defray all the charges of King Henry in the last Expedition against him.

Sixthly, That he would make satisfaction for all the Injuries done [ C] by him or his, unto the King or his People. That he would restore unto him all the Homages which King John had, or that he ought to have, especially of the Noblemen of Wales.

Seventhly, The Land of Ellesmer with the Appurtenances, was to remain to the King for ever.

Eighthly, That he should not receive any of the Kings Subjects [ D] within his Countrey of Wales, that were Outlawed, or Banished.

Ninthly, And that for the performance of this, he would give Pleges and Security according to the Kings Will and Pleasure, and would do all his Commands, and stand to the Law in his Court.

After this, on the 31 of August [9] 1.467 he made his Chart to the King, freely and willingly: That he and his Heirs should faithfully [ E] serve the King and his Heirs, and assist him all days of their lives; and if at any time they should act contrary to that ingagement, then all his Lands or Countrey should be forfeited to him; and He and his Heirs should injoy them for ever. And for the greater Declaration of this Matter, he caused the Bishops of Bangor and St. Asaph to put their Seals to this Chart.

This year [7] 1.468 Tinn-Mines were first discovered in Germany, [ F] and by reason of the Purity and Quantity of that Tinn, the price of that Mettal was much lessened here, for before that time none had ever been heard of but in England.

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About this time [8] 1.469 Walter Mareschal, Brother to to Gilbert late deceased, applyed himself to the King for his Office and Inheritance. But the King in great rage and fury denyed him both, urging against him the Treasons and disobedience of his Brothers, and his own undutifulness [9] 1.470. But at length through the intercessions of the Queen, the Bishop of Durham and some other Noblemen, He [ A] was prevailed with on the Sunday before All-Saints, to restore him to the Honors, Office, and Estate of his Brother, and to invest him with his Earldom, and Marescalcie, reserving only to himself two Castles in Wales, Kaermarden and Cardigan, which he Garri∣soned to secure his new Acquisitions there.

This year [1] 1.471 August the 22. dyed Pope Gregory, and the Em∣peror dispatched a Messenger to give King Henry speedy notice of [ B] it, that he might seize the Money the Popes Collectors in England had gathered for his use; but they were too quick for him, and esca∣ped into France with all their prey, but were met with by the Em∣perors Servants, taken and imprisoned, and all their Money and Treasure paid into the Imperial Exchequer.

About the same time dyed [2] 1.472 Alienor the Daughter of Geofry Earl of Britany, having been kept in prison many years; by whose [ C] death without Issue, King Henry had a direct Title to the Crown, which he had not before.

In the year 1242.* 1.473 King Henry at [3] 1.474 Christmass held his Court at Westminster, where Peter of Savoy Earl of Richmond resigned up into the Kings Hands all those Castles that were committed to his custody, lest his sudden advancement should displease the Great Men of England, and then designed to return into his own Coun∣trey, [ D] but before he had taken Ship he was remanded by the King, and was constreined to be Governor of Dover-Castle.

This year the [4] 1.475 Earl of March refused to do Homage to Al∣phonsus Earl of Poictou, the King of France his Brother, and ap∣plyed himself to the King of England for Protection, perswading him, that by the help of the Poictovins and Gascoignians King of Ar∣ragon, [ E] and Earl of Tholouse, he might easily recover those lost Do∣minions.

The King giving credit to these fair pretences [5] 1.476 Scripsit omni∣bus suis Magnatibus Angliae, Archiepiscopis, Episcopis, Abbatibus, Prioribus, Comitibus & Baronibus districtè praecipiens ut omnes generali∣ter Londinum die Martis proxi ante Prificationem B. Ʋirginis con∣venirent de Arduis negotiis dilationem non capientibus cum summâ deli∣beratione tractaturi, Wrote to all his Great Men of England, Arch-Bishops, [ F] Bishops, Abbats, Priors, Earls and Barons, streightly Com∣manding them, That they should all meet at London, on Tuesday before Candlemass-day, to Treat with great Deliberation of such dif∣ficult Matters as would not bear any delay.

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The day after [6] 1.477 Epiphany Richard Earl of Cornwal the Kings Brother, Landed at Dover, and was received by the King, Quen and Nobility with all demonstration of Affection and Joy, together with variety of presents. Soon after his return to Court, the Poictovins endeavoured what they could to incline him to a War with France [ A] for the recovery of Poictou, and had confirmed the King in his resolution to Attempt it.

At the day appointed the [7] 1.478 Nobility of all England, as well Prelates as Earls and Barons met at London, according to their Sum∣mons. Totius Angliae Nobilitas tam Praelatorum quam Comitum ac Ba∣ronum secundum Regium praeceptum est Londini congregata. When they were assembled, and understood that the Earl of March had moved the King to undertake a War against France, they resolved to op∣pose both him and the Poictovins who advised it, adding That they [ B] had been Taxed and Pillaged as the meanest of Slaves, and what had been thus extorted, was unprofitably spent, and therefore would not con∣sent any more Money should be granted, to be so vainly wasted and consumed.* 1.479 When the King saw he could not prevail with the whole, he would try what he could do with them severally, and sent for them one by one, urging that such an one had promised so much, and another the like; but this stratagem only took with a few, and proved ineffectual, as to the Majority. Then he attempted those [ C] Great Men that were his Favorites and Domestics, urging that they were Military men, and ought to be very desirous to have the antient Rights of the Kingdom recovered, and to have injuries repressed by force of Arms, therefore he wondred with what confidence they could oppose and desert him, when he had promised and sworn to prosecute what he had undertaken. They answered, that great sums of Money had been granted already, and the Profits of the Crown had been extraordinary, and all this Treasure was wasted and spent; [ D] and the Kingdom nothing advantaged by it. [8] 1.480 Moreover, they very much wondred he should undertake so hazardous a War, with∣out ever consulting his natural Subjects; and that the Truce between him and France was not yet expired, which they had both sworn inviolably to observe. Besides, those Great Men that advised him to this War, were the King of France his Subjects, and he could ex∣pect but little faith from such, who had proved Traytors to their na∣tural Prince: Adding, the unsuccessful Attempts that many of his [ E] Predecessors had made in this nature. [9] 1.481 When the King heard their Answer he was much moved, and in great passion swore, That their words should neither affright nor hinder him from prosecuting what he had designed; but that after Easter he would pass over Sea, and try the fortune of War and so the Parliament was Dissolved.

[ F]

* 1.482This is the Monks own account of this Colloquium or Parlement, wherein he mentions much ill and harsh Language which was given unto the King by the Great Men Face to Face: But in the Relation that immediately [1] 1.483 follos this, which he says was Written as a perpe∣tual Memorial of the Baron Answer to the King, it appears they never spake, or had Conference with the King, but heard his Plea∣sure and the Business he had with them, from his Commissioners or Messengers, Walter Archbishop of York, Richard Earl of Cornwal,

Page 583

and Walter Provost of Beverly: By whom they advised the King to send to the King of France for amends, if he had done any thing contrary to the form of the Truce between them, and not to Declare War until the time of it was expired: If he had done any Injury, and that it could be proved, and denyed Restitution, they would assist him according to their Abilities: They counted many Aids they had given him, and remembred especially the last of a 30th part of their [ A] Moveables, which was by stipulation to have been expended by the advice and oversight of four Barons for the Benefit of the King and Kingdom. And seeing they had not heard of any expended by their Advice, they did believe the King had all that Money by him, which he might now make use of; and told them the King by keeping many Bishopricks in his hands, by the Escheats of the Lands of Earls Barons, and Knights, by Fines and Amerciaments, his Itinerant Justi∣ces had set upon Counties, Hundreds, Cities, Burghs, and Towns, had [ B] of late raised a great Summ of Money; When the Kings Commissio∣ners asked them, What if the King of France should break the Truce before it expired? And promised them in behalf of the King, That if he had done any Injury to any of the great men, he would make sa∣tisfaction according to the Judgement of Peter of Savoy, and others of his Council: To the first the Barons Answered, as they had before concerning him. To the Second they said, they had heard those things formerly, when they Granted the 30th part of their [ C] Moveables. But whether they had been performed, they left that to the King himself, and so remained Resolute in not Granting the King an Ayd. Not one Word here of any Billingsgate Language, or Revileing of the King, with which the Monks report doth very much abound.

When King Henry's [2] 1.484 Designs were known to the King of France, he prepared 24 Gallies to hinder the English from landing at [ D] Rochel; in the mean time King Henry was only busied in providing money; for the Earl of March had promised to procure Men enough; Then Peter of Savoy, Earl of Richmond, and Peter [3] 1.485 Bishop of Hereford were sent into Poictou, to secure the King of England what assistance and friends they could among the Poictovins; But both of them very hardly escaped being taken by the French, re∣turned again to England without effecting any thing to pur∣pose.

[ E] Against Easter [4] 1.486 the King sent out Summons to those that ought him Military Service, to meet him at Portsmouth, not with Horse and Arms according to the usual tenor, but (in lieu of their Service) with a great Summe of Money (cum Magna pecuniae summa.) Then the King having committed the custody of the Kingdom to the Arch-bishop of York, and received into his favor the Bishop of Chichester, for∣merly his Chancellor, and recalled Ralph FitzNicholas, and God∣frey Craucumb, he took Ship at Portsmouth with Queen Alienor, [ F] Earl Richard, and seven other Earls, and landed in Gascoigny, where they were received by Reginald de Pontibus, and the Great Men of that Country; and for the better secuy of his Affairs at home, a Marriage was agreed upon between lexander Eldest son to the King of Scots, and Margaret his Daughter; and that part of the Kingdom which bordered upon Scotland, was committed to the Care of that King, at the time he should be beyond Sea.

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The King of France was not idle all this while, but [5] 1.487 prepared a great Army, which consisted of 4000 Knights exactly Armed, and 20000 Esquires or Servants, Crossbow men, and Common Soldiers, besides a dayly confluence of men from all parts of his Dominions towards Poi∣ctou. He marched with his Army, and set down before Fonteny a Ca∣stle of the Earl of March. In the time of the Siege, the King of Eng∣land sent Ralph Fitz Nicholas, and Nicholas de Molis to the King of France, to [6] 1.488 declare War unless he would submit to his desires. [ A] The King of France received them very kindly, and answered, that he was so far from breaking the Truce, that he was willing it should be continued [7] 1.489 three years longer, and would consent he should have delivered to him the greatest part of Normandy and Poictou; but won∣dred his Cousin of England should think that he infringed the Truce in the least, when he endeavoured only to correct and repress the insolence of his own men (suos homines) that proved Rebels and Traytors to him; and that he should be so much concerned for the Earls of [ B] March and Thoulouse, and thought he had violated the Truce in receiving and incouraging his Rebellious Subjects and Enemies. With this Answer the [8] 1.490 Messengers returned to the King of England, who would not hear of renewing the Truce, but sent some Hospi∣tallers in his Name to defie the King of France; who now began to [9] 1.491 repent he had made so fair Overtures for Peace, and expressed his Sorrow that the King of England should be thus wheadled by the Earls of March and Tholouse, and shewed himself most concerned [ C] for the Oath his Father Lewis had made to King Henry when he left England. But one of his Great Men replyed▪ That that Oath was mutual, and that the King of England had violated his part, when he broke his promise to Lewis his Accomplices, and caused Con∣stantine a Citizen of London to be hanged, for defending your Fa∣thers Honor. This satisfyed the Kings Scruples, and then he pro∣ceeded to make a vigorous attack upon the Castle, which after 15 days Siege was taken by assault, contrary to the confidence of all the Poi∣ctovins, [ D] and the Earl of March his Son, and all his Accomplices were made Prisoners. When some that were about the King advised that they might be executed for a Terror to other Rebels, He replyed; The Son obeyed his Father,* 1.492 and the rest the Command of their Lord, and upon that Account neither of them deserved Death▪ however he sent them Prisoners to Paris, and there to be secured. This put the rest of the Defendents of the Earl of March his Castles into such an Affright, that some of their own accord came in, and delivered up [ E] their Keys to the King of France, and others capitulated upon his appearing before them.

These uninterrupted Successes made the [1] 1.493 Earl of March and his Poictovins almost desperate, who now began to repent they had ingaged themselves against their own Lord the King of France. In the mean time the King of England came before the City of Taille∣burgh, and pitched in a Meadow over against it. When the King [ F] of France heard of it, he marched with his Army towards that place; As soon as the Citizens had notice of his approach, they went out to meet him, and surrendred their City to him, and invited him to take possession of it. When the King of England saw himself thus disappointed, and that he must now fight the French with the men he had with him, [2] 1.494 He called to the Earl of March, and asked

Page 585

how he had performed his promise of procuring Men enough to baffle the French, if he supplyed them with Money: The Earl re∣plyed, He never made any such promise.* 1.495 Then Earl Richard produ∣ced the Chart of Agreement between them. He denyed that it was ever made or sealed by him, or that he had ever encouraged the under∣taking this expedition; but it was [3] 1.496 the contrivance of his Wife and [ A] his Mother. When the King heard the Earl's Reply, he was very much concerned, and Earl Richard seeing the danger the King was in, of being made prisoner, [4] 1.497 disarmed himself, and with a Staff in his Hand went to the French Camp, where he was kindly and honorably received: and being introduced to the Kings Presence, he desired a Truce, which the King granted for one day, and a night following: Assoon as the Earl had obtained this Truce, he returned to King Hen∣ry, and advised him to make his escape with as much speed as he [ B] could, otherwise he would be taken prisoner [5] 1.498. The King follow∣ed his advice, took Horse at night, and never stopped till he came to Xaints; the whole Army followed him, but with great hazard, and some loss: Next day the King of France decamped, and march∣ed with his Army towards Xaints; after some few days both Ar∣mies met and fought, and had the English [6] 1.499 equalled the French in number, they had gained an entire victory. The number of those that were slain on either side is not mentioned, but the Prisoners that were taken were exchanged. Those that behaved themselves with [ C] Courage and Resolution in this Battle, were Simon Montfort Earl of Leicester, the Earl of Salisbury, the Earl of Norfolk, Roger Bigod, John de Burgo, Warin de Monchensy, Hubert Fitz-Mat∣thew, Ralph Fitz-Nicholas, with some others.

When the [7] 1.500 Earl of March saw how successful the King of France was in every thing he attempted, and that his strength dai∣ly increased; He began to consider how he should regain his Fa∣vour, [ D] and be reconciled unto him. He therefore privily sent to the Earl of Brittain, that he with the Bishop of Xaints, would use their endeavours with the King of France to procure his Pardon. Upon this they both went to the King, and assured him, That the Earl of March was sensible how much he had offended against him, and his Crown, and implored his Mercy and Favour; adding, he might re∣ceive him under what conditions he pleased.

[ E] The King of France [8] 1.501 accepted the offer, and was reconciled unto him, upon these Terms▪ That whatever that King had pos∣sessed himself of the Earls, during this War, should be for ever an∣nexed to the Crown; and also, That all those Castles that were in his possession, whether they were his own or his friends, which were thought to be injurious to the King of France, should be delivered into his hands for three years, and then not to be restored unless the King was satisfied of his Fidelity: That He should with 200 armed [ F] Men enter into his Service, and faithfully serve him for three years, at his own charges, against all enemies of the Church or Crown of France. Moreover, he should surrender up his Charter, whereby the King of France was obliged to pay him 10000 l. a year for defence of the Marches, and should quit any such claim for the future. [9] 1.502 To these hard Conditions he was forced to consent to obtain his pardon, and was presently sent against the Earl of Tholouse his old friend, and

Page 586

the King of Englands Confederate. This was all done without the knowledge of King Henry; who had by [1] 1.503 Charter given the Ci∣ty of Xaints to Hugh Bruno the Earl of March his Son, and his younger Brother, without the privity of the Citizens, whereby the King lost their Affections, for that they hated Hugh. However, he thought himself safe and secure there, till he was informed by one from the French Camp, that that King [2] 1.504 designed to come and [ A] besiege that City very suddenly, and was resolved not to rise till he had made him prisoner, which was confirmed by another, who like∣wise assured him, that the Earl of March was revolted to the French, and if He continued there one night longer he would be besieged. King Henry being by this Second Messenger confirmed in his belief that the news was true, fled to Blaie, a Town in Gascoigny, about 40 or 50 English miles from Xaints, and his Army followed, but were so harassed with the length and suddenness of the March, that [ B] they were unfit for any service.* 1.505 Upon this Xaints, Ponz, and all Poictou forthwith submitted to the King of France; only Hertol∣dus Governor of [3] 1.506 Mirabell Castle, went to the King of England, and implored his protection; to whom the King replyed, He was be∣trayed by the Earl of March, and was scarce able to secure his own person, and therefore gave him leave to act according to his own discretion. Then he went to the King of France, and submitted himself to his Mercy and Protection; to whom the King replyed [4] 1.507 [ C] That He only had behaved himself faithfully to his King, and there∣fore received the Castle and himself very kindly; and having first ta∣ken his Oath of Fealty, he restored it to him again.

William de [5] 1.508 Nangis in the Life of King Lewis, in this year, and in the relation of this Story, in some things is more particular, in some things less than Paris, in the main of the Story they agree. The French Historian saith, The Earl of March sent his eldest Son [ D] Hugh, who made peace with the King of France upon these Terms, That such Lands as the King of France had taken from his Father, should remain to the Earl of Poictou, the King of France his Bro∣ther, and his Heirs; That concerning the Rest of Land, the Earl of March and his Wife, with their Children, were to stand to the Plea∣sure and Courtesie of the King of France; and for the security of the King of France, the Earl was to deliver his three strong Castles, Ml∣pinum, Merpin, Crosanum, his Castle▪ upon the River Crosa or [ E] Creuse, and Castrum Ahardi, Castle-Achard, which presently re∣ceived his Garisons, and most of the Barons and Great Men of Poi∣ctou did Homage to the King of France.

The day after [6] 1.509 Midsummer, Queen Alienor was brought to bed of a Daughter at Burdeaux,* 1.510 which was named Beatrix. In the mean time the King of France purposed to persue the King of England to Blay, and from thence to Burdeaux, if he fled thither. But want of Victuals and Forrage, and the Pestilence which raged in his Army, [ F] together with his own illness, made him alter those measures he had before resolved upon; and instead of fighting, he made a Truce with the King of England for [7] 1.511 five years, and then returned into France by Xaints, and in a short time recovered his health.

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This year the King of England required [8] 1.512 Scutage to be paid him throughout all England, of every Knights Fee three Marks; or as others, but Twenty Shillings. About Michaelmass Earl Bigod, Ro∣ger Earl of Winchester, and many other Great Men came to the King, and desired leave to return into England, which was granted. [9] 1.513 [ A] At the same time the King Treated William de Ros very unkindly, who after he had spent his Money in the Kings Service, and not ha∣ving wherewithal to maintain himself, had his Lands seized with∣out judgment of his Peers. When Earl Richard perceived how hard∣ly he was dealt withal, He went to the King and blamed him for it, but the King received him with great Passion, and Threats. Earl Richard made no return, but when he saw the King continued re∣solute, and would not be guided by his advice, [1] 1.514 He, William Earl [ B] Mareschal, the Earl of Hereford, and many other Great Men, left the King at Burdeux, with his Queen, and took Ship and came over into England.

In October King Henry [2] 1.515 sent to the Archbishop of York (to whom he had committed the Government of the Kingdom in his absence) Commanding him to take the Grain of the Archbishopric [ C] of Canturbury, and all other Bishoprics that were void, with Bacon, Salt, and other winter Provision, together with Cloth to make Gar∣ments, and without delay to send them to him at Burdeux, * 1.516 which was done according to his desire: Moreover, he Command∣ed the Arch-Bishop, that he should seize and confiscate the Estates of those that withdrew themselves from his Service; but the Arch-bishop prudently declined to execute his Command, because necessi∣ty forced them to retire; and also they that continued with the [ D] King at Burdeux, namely Simon Earl of Leicester, William Earl of Salisbury, and some other Noblemen, contracted such great Debts that they were reduced to penury. The King likewise gave himself wholly up to softness, and unprofitable expence of Mo∣ney, and was now altogether guided by the Counsels of the King of Arragon, and Earl of Tholouse, who never stood by him at any time, when necessity pressed him, but was ever deluded and de∣frauded by them, the Poictovins, and Gascoignians; [3] 1.517 so that [ E] notwithstanding he had so many supplies of Money, and Provision, and Cloaths for his Soldiers, yet he was [4] 1.518 reduced to so great and urgent necessities, that He again wrote to the Arch-Bishop of York, to desire of the Cistercian Order One years profit of all their Wool; from which they endeavoured by plausible pretences to ex∣cuse themselves; but when pressed by the Arch-Bishop to a com∣plyance with the King's desires, who always was ready to suc∣cor their necessities, One of the Abbats of that Order answered, [ F] That the King was sworn to do Justice, and they never desired any thing of him in special, which he was not obliged to do for them in general. If [5] 1.519 he would give them any thing for the Health of his Soul, or of his Ancestors Souls, or the state of his Kingdom; they were ready to receive it.

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* 1.520In the Year 1243. King [6] 1.521 Henry remained all Winter at Bur∣deaux; from whence in the beginning of March following he again [7] 1.522 wrote to the Arch-Bishop of York to send him Provision and Money, complaining he had eceived neither, since the Abbat of Eve∣sham came to him. This amazed the Arch-bishop who had so lately sent such large supplies of both; from hence he conjectured the Sea [ A] had devoured it: Wherefore he made further Provision both of Victu∣als, and Money, and designed to send it unto him; but the [8] 1.523 War∣dens of the Cinque-ports refused to undertake it, unless he would pro∣vide a Convoy of ships sufficient to protect them against the Pyracies of the Earl of Brittain, and his Calesians, who had already thrice set upon them, and spoiled them to their irreparable loss, and damage, both of Men, Ships, and Goods. When the Archbishop heard their Answer, He signified the same to the King, and desired [9] 1.524 him to hasten his [ B] return into England.

On St. Gregories Day (March 12th) the 1 1.525 Five years Truce between the King of England, and France, were confirmed; and by Agree∣ment, the King of France was to retain what he had got by the Sword; and what the King of England had acquired by the help of the Gascoins was to be Restored to him.

About this time, 2 1.526 the King wrote to the Arch-bishop, to pro∣vide [ C] such as might secure his passage into England, commanding all the Great men to be in a readiness at Portsmouth to receive him at his Landing, but by many accidents his passage was delayed; the Queen was scarce recovered from her Childbed; the Citisens of Bur∣deaux, and all the Gasconians were unwilling to part with so profitable a Guest, who was so generous in his distributions; and after he was ship∣ped, he was forced to return again to Burdeaux, to quiet the Tumults that arose among the Gascoinians; whereby the Archbishop and Great men of [ D] England were wearied out with long attendance. At length after he had settled Gascoigny, and committed the Government of that Country to Nicholas de Molis, he again took Ship, and landed at Portsmouth on the 25 of September, and was received at [3] 1.527 Win∣chester by almost all the Nobility, with all demonstration of Joy and thanks, and by the Citisens of London with variety of Inestimable Gifts, and by the Clergy, with a Pompous and Sumptuous Procession on the 13th of October following. [ E]

This Year on the Nativity of St. John Baptist Innocent the 4th was chosen Pope, after One Year, and Nine Moneths vacancy.

This Year the Jews [4] 1.528 were forced to pay to the King great Sums of Money, the Abbats also and Priors presented him with great Gifts, which if they did not in value answer his expectation, He rejected them, and required others of more value. [ F]

On the first of November [5] 1.529 Beatrix Countess of Provence, the Queens Mother, came into England, and brought with her, her Daughter Cincia, who was soon after Marryed [6] 1.530 to Earl Richard at Westminster on Saint Clements-Day, the 23d of that Month; and _____ _____ th Weding was celebrated with great Pomp and Feasting,

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there being no less than 30000 Dishes provided for one Dinner. Tri∣ginta Millia Ferculorum prandentibus parabantur.

In the Year 1244. King Henry at [7] 1.531 Christmass was entertained at Wallingford by his Brother Earl Richard, and nobly treated, as likewise were most of the Nobility of the Nation; his Wife Cncia was there, with Beatrix her Mother, who soon after took her solemn [ A] [8] 1.532 leave of the King and Court, took Ship at Dover, and passed into her own Country.

About this Time the Pope sent Master [9] 1.533 Martin his Legat into England with power to Excommunicate and Suspend whomsoever he should find refractory to his Commands; by which Authority He suspended several Praelates until they should make such a provision for the Popes Clerks and Kinsmen as he desired, who thought any Reve∣nue [ B] under 30 Marks by the Year, not worth his receiving, lest he seem to be a Collector of Triffles. Ne quisquilias colligere videretur. Moreover he directed his Letters to several Abbats and Priors, strict∣ly injoyning them to send him such Horses as were fit for the Popes special Clerk, and if they refused or made any Excuse, though never so reasonable, they were forthwith suspended, (as the Abbat of Malms∣bury, and Prior of Merton were) until they should make full satis∣faction, and when any Prebendaries of Churches became void, He pre∣sently [ C] seized them, and by Ʋirtue of the Popes Authority disposed of them as he pleased, and gave one of the rich Praebendaries of Salisbu∣ry to a little Boy that was his Nephew, against the Will of the Bishop and the whole Chapter.

Near the beginning of this Year the King of France [1] 1.534 assem∣bled at Paris all such of his Subjects that had possessions in England, and declared to them, That He thought they could not serve faithfully [ D] two different Lords at the same time, and then gave them their Choice to whom they would adhere, and after that to relinquish their posses∣sions and Lands in the other Princes Dominions. Upon this, some kept their Estates in France, and left those in England; others kept their Estates in England, and left those in France. When this was known to the King of England, He commanded the Normans Estates in his Realm to be forthwith Seized, and would not give them their Liberty of Choice, as the King of France had done; this was by [ E] the French looked upon to be a breach of the Truce. But their King was not so well recovered, or at leisure to prosecute the violation by a new War, but endeavoured to appease, and repress the querulous In∣vectives His Norman Subjects made against the King of England.

In February King Henry received [2] 1.535 Sir Paulinus Piper, Ste∣ward of his Household, and John Mansell Chancellor of St. Pauls in∣to his Council; and Master Lawrence of St. Martins was made Prae∣sident [ F] of his Council, and his Procurator in all Ecclesiastical Affairs. [3] 1.536 About the same time Griffin, Son of Leolin Prince of North Wales, Prisoner in the Tower of London, endeavoured to make his es∣cape out of Prison, by a Rope fastened to the Top of the Tower; but being a Man of great bulk and weighty, the Rope brake in his descent, and he perished by that fall, which happened on the 1st. of March.

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* 1.537This Year notwithstanding their Oaths Engagements and Charts the Welch men and their Prince had made to King Henry, [4] 1.538 they Revolted from his Obedience, and made War upon him and his Marchers; who were opposed by the Earl of Clare, the Earl of Here∣ford, John de Monmouth, Roger de Monthault, and other potent Marchers; by the Kings Command they came to such an Engagement as in those Days was called a Battel, in which there fell an hundred on both sides. [ A]

The King on Barnaby Day, or the Eleventh of June, was at St. Albans 5 1.539 when he heard this news of the Welch; at which time likewise the King of Scots, let him know, That he neither did, would, or ought to hold the least Particle of the Kingdom of Scotland of him.

This year (saith Paris) the King [6] 1.540 Summoned the great [ B] men of the whole Kingdom; the Arch-Bishops, Bishops, Abbats, Priors, Earls, and Barons, to meet at Westminster; and with his own mouth, asked a pecuniary Aid; privately intending to re∣duce the King of Scots;* 1.541 but openly pretending, that the year be∣before he had by their Advice passed into Gascoigny, and upon that un∣dertaking contracted great Debts, from which he desired them to re∣lieve him. The Barons Answered they would treat about his Proposal. [ C]

The Arch-Bishops, Bishops, Abbats and Priors, Treated apart by themselves;* 1.542 and after that, they asked the Earls and Ba∣rons to consent to what they had resolved upon, in Giving the King an Answer; and what they would do upon his Demands. They an∣swered, That without the Common Ʋniversity they would do no∣thing; and then by Common assent, there were Elected on behalf of the Clergy (Ex parte Cleri) Boniface Elect of Canterbury, The [ D] Bishops of Winchester, Lincoln and Worcester; On behalf of the Laity (ex parte Laicorum) Earl Richard the Kings Brother, Earl Bigot, the Earl of Leicester,* 1.543 Simon Monfort, and the Earl Marshal. On Behalf of the Barons, (ex parte Baronum) Richard de Munti∣chet, John de Baliol, and the Abbats of Ramsey and Bury; and what these Twelve should do, was to be communicated to the whole, That nothing might be offered to the King with Common as∣sent. [ E]

And because the 7 1.544 Charter of Liberties, which the King had Granted some time since, for the Observation whereof Edmund Arch∣bishop of Canturbury, had sworn and undertaken, was not Kept; nor were the Aids so often given, used to the advantage of the King and Kingdom, and by the Defect of the Chancelor, Writs were Granted, and Issued, contrary to Justice. It was Desired, That such a Justi∣ciary, and such a Chancelor might be made, as would fix the state of [ F] the Kingdom upon its old Basis, (per quos status Regni solidaretur ut solebat). And lest the King should seem to do any thing new by Compulsion of the Council, he would not Grant the Petition of the great Men; but promised to amend what he had heard from them: Whereupon the meeting was adjourned until three Weeks after the * 1.545 Purification of the Virgin, (That is, the 2d of February) That if in the

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mean time, the King on his own accord should Choose such Counsel∣lors,* 1.546 and so Manage the Rights or Laws of the Kingdom as to satisfie the Great men, then they might give him an Aid; yet so as it should be Expended for the Benefit of the Kingdom by Advice of the Twelve.

When the King saw he could do nothing with them all together; he [8] 1.547 tryed the Clergy apart, what they would do upon the Popes [ A] Letter; in which he Required, admonished, and exhorted them to give the King a liberal assistance in Money. Their Answer was, They were Engaged, and could do nothing without the Common Con∣sent of the Great men.

This great Council had contrived a new [9] 1.548 Government, which they intended to have offered to, and put upon the King, if they could; To wit, That Four of the most potent and discreet [ B] men of the Kingdom should be chosen by Common assent, and sworn of the Kings Council; who should transact all the affairs of King and Kingdom, and should do Justice to all without acception of Persons. These should follow the King, and Two of them at least were always to be present with him; that they might hear the Complaints of, and relieve Sufferers. The Kings Treasury was to be managed by them, and all Aids were to be expended as they thought it most to the advantage of King and Kingdom. They were to [ C] be Conversators of the Liberties; and as they were chosen by Common assent, so they were not to be removed out of their Office, but by Com∣mon assent, when one Dyed, another was to be Chosen by the three Sur∣vivors: Without their Consent, the great Council was not to meet; But if they should think it necessary or Expedient, it was to be con∣vened when they pleased.

This project did not then take Effect, because the [1] 1.549 Counsels of [ D] the Clergy were distracted by the Popes Legate, Martin, who came with his Letters to Require a great Sum of Money of them, for to pay the Debt that had been contracted by his Predecessor Pope Gre∣gory, in the War for the Catholick Faith, Ecclesiastical Liberty, and the Patrimony of the Church * 1.550, and suspended all Men from present∣ing to Benefices which were of Thirty Marks Annual value and upwards.

[ E] The great Men and Prelates [2] 1.551 Met at London according to the Time of Adjournment, three Weeks after Candlemass day, to Treat about the Demands of an Aid, where he again Renewed them, and promised intirely to keep the Charter of Liberties which he had Sworn to at his Coronation; and gave [3] 1.552 the Bshops leave in their Respective Dioceses to Excommunicate himself and all others that should act Contrary to it in any Article: Yet for all this he could only obtain Twenty shillings of every Knights fee, to Marry his Eldest [ F] Daughter, of all those which held of the King [4] 1.553 in Capite; half to be paid at Easter, and the other half at Michaelmass.

The Controversie between the two Kings of England and Scot∣land came to such an height,* 1.554 That King Henry [5] 1.555 Summoned every Baron of England, as well Bishops and Abbbats, as lay-Barons which held of him in Capite, (Quilibet Baro tenens ex Rege in Capite)

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to have all their Service ready at Newcastle upon Tine; to force the King of Scots to give satisfaction, unless he would hear their Advice; where they appeared accordingly, Congregata igitur Vniversitate totius Anglae Nobilium, apud Memoratum Castrum; About the Assumption of the Virgin (that is, the 15th of August) they had a serious Treaty about this Weighty Affair: Where by the [ A] means of Earl Richard and other great Men, there was a Peace made upon these Terms, [6] 1.556 That the King of Scots and his Heirs should keep Perpetual Faith and Friendship toward King Henry and his Heirs: That he should not League with the Kings Enemies: That the Peace should stand Good, that was made in the presence of Otto the Popes Legat; and the Agreement concerning a Contract of Mar∣riage to be had between the King of Scots Son, and the King of Englands Daughter.

The [7] 1.557 Welch at this time made great Slaughters, Devastation, [ B] and burnings upon the Borders; of which the King having notice, he sent Herebert Fitz Matthew with Three hundred Horse to subdue them, Disbanding the rest of his Army, and going to London himself. The Welch took Courage upon this Discharging the Ar∣my,* 1.558 and had routed and destroyed the forces of the Earl of Hereford and Ralph de Mortemer before Herebert got up to them; and when he attacqued them the Day after, they put him to flight.

[ C]

On the Morrow of all Souls, (November 3d) the [8] 1.559 great Men of England met, of whom the King required an Ayd against the Welch, which they denied him.

David Prince of North-wales, intending to cast off the Yoak of his Subjection to the King of England, sent to the Pope, and offered his Coun∣try to him, so as he would defend it against him, and that David and [ D] his Heirs might hold it of him Paying yearly 500 Marks; & for a great Sum of Money obtain'd the Popes ll directed to the Abbats of Abercon∣wey & Kemere, by which he Constituted them his Inquisitors, whether Prince David by force and fear was compelled to subject himself, and swear Fealty to the King of England, and if they found it to be so, to Dispence with, release, and make Null and voyd his Oath and En∣gagements; and by Virtue of this Bull they [9] 1.560 summoned the King to appear before them on the Vigil or Eve of St. Agnes (January 21) [ E] at Keyrus in Wales, to answer Prince David concerning the Con∣tents of the Bull. This inraged the King, and also the Great Men, so as they urged him to March against David without Delay.

On the [1] 1.561 first Sunday in Lent the Constable of the Castle of Montgomery, with such forces as he had with him, by stratagem overcame the Welch, and killed above 300 of them▪ David to make [ F] good this loss, besieged the Castle of [2] 1.562 Monthalt, and took it by assault, and killed most he found in it, but missed of Roger de Monte∣alto, the Proprietor of it, whom he thought to have found there.

About [3] 1.563 Whitsunday the King caused diligent Inquiry to be made in Every County, whose Revenues the Romans and Italians were possessed of in England,[4] 1.564 by Gift of the Court of Rome, and they were found to be 60000 Marks by the year: The Consideration of

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which great Sum moved the King both to Admiration and Anger; and the Vniversity of the Kingdom composed an Elegant [4] 1.565 Epistle, in which they set forth the Execrable Papal Extortions,* 1.566 and the Exa∣ctions of the Legats; (in qua Extortiones Papales Execrabiles, &c.) And sent it to the Council of Lyons, by Earl Roger Bigod, John Fitz-Geofrey, [ A] William de Cantelupe, Philip Basse, Ralph Fitz-Ni∣cholas▪ and Master William Poweric a Clerc, in the Name of the whole Ʋniversity, who were to declare the importable Burthens of the King∣dom by reason of the Popes Exaction of Tribute, to which the Vniver∣sity thereof never consented, and to seek for Redress.

On the 30th of [5] 1.567 June the Vniversity of Military Men, that intended a Torneament (which was prohibited by the King) met at Luton and Dunstable, (in Bedfordshire) sent Fulk Fitz Warin, [ B] to the New Temple at London, to Mr. Martin the Popes Clerc, and Instrument of his great Exactions; when he came to him, he looked upon him with a stern Countenance,* 1.568 and bad him be gone out of Eng∣land immediately: Who commands me to do this, said Mr. Martin? Is it your self? To whom Fulk answered, the Vniversity or Body of armed men, that lately appeared at Luton and Dunstable, by me do Command you to do this; and bad him again be gone, or he and his Followers would in three Days be cut in Pieces: Mr. Martin much [ C] affrighted at this Salutation, went immediately to the King, and told him, what he had heard, and asked if it was done by his Au∣thority: The King told him he was not the Author of any such thing; but my Barons (saith he) can scarce contain themselves from an insurrection against me, for that I have so long suffered your Depreda∣tions and Injuries in my Kingdom. Upon this Discourse with the King he Requested his Pasport, which was readily granted,* 1.569 and for his great∣er security the King sent with him Robert Noris, one of his Mar∣shals to conduct him to the Sea.

[ D]

The [6] 1.570 Procurators of the Ʋniversity or Body of the Nobility of England before named, sitting in the Council at Lyons, Mr. William Poweric their Clerc stood up, and propounded the Grievances of the Kingdom of England in behalf of the said Ʋniversity, lamentably complaining of a Tribute injuriously imposed on the Kingdom by the Court of Rome, to which the Fathers of the Nobility, nor they themselves had ever consented; nor did at present, or ever should [ E] consent; whereupon they craved Justice with Remedy; To which complaint the Pope made no answer; yet William Powerc produced the [6] 1.571 Epistle, which delared the many Extortions made in Eng∣land by the Roman Church, which was read in the Council. After some time of Wayting, the Procurators returned without [7] 1.572 a satisfactory Answer: yet at length he [8] 1.573 Granted that all Patrons both Lay and Ecclesiastic, should present whom they would to Ecclesiastic Bene∣fices without the Let or hinderance of him, or his Legats. But after∣wards, [ F] with a Non [8] 1.574 Obstante to this privilege he totally de∣stroyed it, when ever he had a Mind to prefer any of the Italian Clergy.

About the Beginning of July, the King [1] 1.575 Summoned all the Earls, Barons, Knights, and others that held of him in Military Service, and Serjeanty, to March with him into Wales, or to send

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their Service: The Welchmen kept themselves upon their Moun∣tains, and in their Woods and fastnesses, and took their Opportuni∣ties now and then to Destroy some Parties of the English; and all that King Henry did in 10 Weeks time, was to [2] 1.576 build the Castle of Bannoc, which when he had finished, and put a strong Garrison into it, he returned into England, having destroyed all the Victuals and Forrage upon the Borders, and in those parts of Wales where he had been; and returned into England with his Army: At [ A] the same time the Irish by the King's Command landed in the Isle of Anglesey, which was the place of Refuge for the Welch, and burnt, and destroyed the whole Country.

In the Spring following, [3] 1.577 died David Prince of b. 1.578 North∣wales, without Issue; in whose place the Welchmen chose the Son of Griffin Prince of Wales. Dr. Powel says from the British History, That the Lords and Barons of Wales upon the Death of David came [ B] together and chose [ ] 1.579 Owen and Lewelin, who divided the Princi∣pality between them, and received their Homages.

This year in a Parlement at London there were severe * 1.580 Laws made against such as Robbed Parks or Warrens. [6] 1.581 If the Male∣factor fled and was Killed, there was neither Law or Appeal allowed for his Death: If an Earl, Baron, or Knight complained to the King [ C] that his Deer was stoln, and Inquisition was made by the Kings Writ, if he that was Indicted was Convicted, he was to lye in the Kings Prison a Year and a Day, and to pay three years value of his Estate, having just sufficient allowed out of it, to maintain him; after which the King was to have two parts, and he that received the injury, one; and then he was to find twelve Sureties, that he should never do the like again, in Parks, Warrens, or Forests; nor do any thing against the Kings Peace, who were to answer for his Body and Trans∣gression. And if any one were taken in a Park or Warren without the [ D] Kings Writ of Inquisition, he was to be Imprisoned, Fined, and to give Sureties as before.

On Mid-Lent Sunday a most General Parlement of the whole King∣dom met at London according to Summons, [8] 1.582 where the King Con∣ferred with the Bishops apart, the Earls and Barons apart, and the Abbats and Priors apart, about the Popes not keeping his promises con∣cerning the Removal of their Grievances, which were these, [ E]

* 1.583First, That the Pope not content with the payment of Peter-pence, op∣pressed the Kingdom by Extorting from the Clergy great Contributi∣ons, without the Kings Consent, against the Antient Customes, Liber∣ties, and Rights of the Kingdom, and against the Appeal of the Pro∣curators of the King and Kingdom in the General Council of Lyons.

[ F]

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Secondly, The Church and Kingdom were oppressed, in that the Patrons of Churches could not present fit persons to them, because they were given by the Popes Letters to Romans, who understood not the English Language, and carried all the Money out of the King∣dom to the Impoverishing of it.

[ A] Thirdly, The Nation was oppressed by the Popes Exaction of Pen∣sions from Churches.

Fourthly, The Church and Nation suffered, for that Italians suc∣ceeded Italians, and the English were forced to prosecute their right out of the Kingdom, against the Customes and Written Laws thereof, and against the Indulgencies of the Popes Predecessors granted to the King and Kingdom of England.

[ B]

Fifthly, The Church and Nation infinitely suffered, by reason of the Clause of Non obstante, which weakned and enervated all Oaths, Ancient Customes, Written Laws, Grants, Statutes and Pri∣vileges.

Sixthly, The Church and Kingdom suffered, for that in the Parishes where the Italians were Beneficed, there was no Alms, no Hospitality, [ C] no Preaching, no Divine Service, no care of Souls, nor Reparations done to the Parsonage Houses.

The Result of the Conferences upon these Grievances was, That yet,* 1.584 for the Reverence due to the Apostolic See, they should again Suppli∣cate the Pope by Letters, to remove the intolerable Grievances, and importable yoak, and this was done according to the Kings separate Discourse with them. The King wrote by [9] 1.585 himself, the Bishops by [ D] themselves, the Abbats by themselves, and the Earls and Barons by the name of the Ʋniversity of England, by themselves, as appears by their particular Letters extant in Mat. Paris.

But notwithstanding this Appeal, [1] 1.586 the Pope just before the Dis∣solution of the Council of Lyons, caused the English Bshops to put their Seals to the Instrument of King John, by which he engaged himself and Heirs, to pay a Thousand Marks a year to Innocent the [ E] Third and his Successors. Fulk Bishop of London was very unwilling to do it, yet at last he suffered himself to be overcome. They then also Signed the Instrument of the Deposition of Frederic the Empe∣ror.

And yet further to the great prejudice of the King and Kingdom he [2] 1.587 sent his Apostolic Commands to the Bishops, That some of them should find him 15, others 10, others 5 stout men well Horsed and Ar∣med [ F] for one year, as the Pope should direct. And lest the King should make provision against this Exaction, the Bishops were Commanded not to discover it, under pain of Excommunication.

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This year by great [3] 1.588 Intercession the Marescalcie with the Office and Honor, was Granted to Earl Roger Bigod, by reason of his Countess (ratione Commitissae suae) the Eldest Daughter of William the great Earl Marshal.

Against the great Grievances and Exactions of the Pope, [4] 1.589 Wil∣liam [ A] Powerit, and Henry de la Mare were sent to Rome by consent of King, Bshops, Earls, and Barons. And in the mean time [5] 1.590 he sent for 6000 Marks which had been charged upon the Bishops by his Clerc Master Martin, which so exasperated the King, That he [6] 1.591 wrote to the Bishops, and Reproved them for not observing his Letters Patents, and close, by which he had Commanded them to pay no Ayd or Tallage to the Pope, and in that Writ commanded them again not to comply with any of his Exactions contrary to the [ B] Resolutions of themselves, and other Prelates, the Earls and Barons made in the Council at London.

On the 7th of July there was a Council holden at Winchester, be∣tween the King and [7] 1.592 Great men about the Desolation of the Church; William de Poweric and Henry de la Mare that had been sent to the Court of Rome, were then returned, bringing back no∣thing of moderation from the Pope, concerning the oppressi∣ons [ C] of the Kingdom and Church of England, of which they had complained; He continued resolute in forcing his Demands, which Resolution so moved the King and Great Men, That he com∣manded Proclamation to be made in all Towns, Markets, and public places, no man of the Kingdom should consent to any Contribution to the Pope, or send him any Ayd.

[8] 1.593But he sharply wrote to the Prelates after he had been advertised of this Proclamation, and under pain of Excommunication and Sus∣pension [ D] charged them to pay in the Money to his Nuncio at the New Temple London. And whereas the King was fixedly prepared to de∣fend the freedom of the Kingdom and Church by the Threats of his Brother Earl Richard, and some Bishops, but especially of the Bishop of Worcester, who (as it was said) had power to Interdict the Na∣tion, he was Baffled, and fell in the cause, so as the Contribution was paid, and the whole endeavor and hope of mainteining the freedom of the English Church and Kingdom came to nothing. [ E]

* 1.594And the Pope taking a greater Confidence from what he had already done, commanded more [9] 1.595 Imperiously than he were wont to do, That all Beneficed Clercs that resided upon their Livings, should pay unto him a third part of their Goods, and such as did not Reside, were to pay one half, and appointed the Bishop of London to Execute this his project.

[ F]

Who [1] 1.596 with some others met at St. Pauls to consider of this mat∣ter, to whom the King sent John de Lexinton a Knight, and Law∣rence of St. Martin his Clerc on the Morrow after St. Andrew or 8th of December, strictly prohibiting them to consent to that Contribution; and so they broke up their meeting to the great satisfaction of all such as were called before them: If any man thinks it worth his labor, to

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peruse the Answer of the [2] 1.597 Clergy to this unreasonable Exaction, may see it in Mat. Paris.

About this time the Bishop of [3] 1.598 Lincoln by the Instigation of the Friers Preachers, and Friers Minors, made strict Inquisitions, by his Arch-Deacons and Rural Deans, concerning the Continency and Manners of Noble and ignoble, to the great Scandal of them, and the blasting [ A] of their Reputations. The King hearing the grievous complaints of his people concerning these proceedings, by advice of his Court, sent his [4] 1.599 Writ to the Sherif of Hertfordshire, commanding him, That as he loved himself and all he had, That he should not permit any Lay∣men of his Baylywic for the future to meet in any place to make Cognitions, or Attestations upon Oath at the pleasure of the Bishop of Lincoln, his Arch-Deacons or Rural Deans, unless in Matrimonial, and Testamentary Causes.

[ B]

In 1 1.600 the year 1247.* 1.601 King Henry with many of his Great men was the day after Christmass-day entertained at Winchester by the Bishop of that place. By this the King signified he had forgotten all former offences, and in the presence of the whole Court received the Bishop into his favour.

At the same time the King [2] 1.602 summoned his Great men (Mag∣nates [ C] suos) and the Arch-deacons of England to meet at London, to consider how the Contributions the Pope required should be raised. At the day appointed all the Bishops designedly absented themselves, that they might not appear openly to confront the Popes desires.

These Continual exactions of the [3] 1.603 Popes Legates and Colle∣ctors opened every ones Mouth against him, but especially in France, [ D] where they did not spare his Holiness, but loaded him with bitter reproaches and revilings for the Extortion and Rapine that was pra∣ctised by his Ministers: Insomuch that the [4] 1.604 Great men of the Kingdom (Omnes regni Majores) Decreed, and by Oath Established it, That No Clerc or Laic for the future should compel any one to ap∣pear before an Ordinary, Judge or Delegate, unless upon the Ac∣count of Heresy, Matrimony, or Ʋsury, upon Forfeiture of all his Goods and loss of one of his Members.

[ E]

This resoluteness of the French very much Troubled the Pope, [5] 1.605 so that he endeavoured by all means to soften them into a com∣pliance with him; he bestowed many Ecclesiastical Benefices among their Relations, and gave them licence to obtain more, and other In∣dulgences; besides, he was bountiful in his gifts among the Noble∣men, which brought many over to him from their former Resolution.

[ F] The Day after [6] 1.606 Candlemass the Parliament met at London, where the King was informed, that the King of France had a design up∣on Gascoigny, and that it would not be only a great reproach, but a prejudice to him to suffer it to be lost, seeing he received yearly from Burdeaux 1000 Marks: The Archdeacons of England, and very ma∣ny of the Clergy met the Great men there: They complained of the frequent and intolerable Exactions of the Pope, affirming to the

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King,* 1.607 That if these were suffered, His Kingdom would be endangered, and both Laity and Clergy would be ruined by a desolution that for∣mer times had not known. Upon this, It was resolved that dis∣creet Messengers should be sent to the Court of Rome, with Letters, both to the Pope, and Cardinals, on the behalf of the Community of the whole Clergy and Laity of the Realm, shewing their Greivances and Oppressions.

The [7] 1.608 Summe of that to the Pope, was a profession of their [ A] readiness to obey his Holiness; but desire his Pardon if they could not then comply with his Demands; for altho their Country yielded Plenty of Fruits for the Nourishment of its Inhabitants; yet it afforded no Money, neither was it sufficient to Supply what was re∣quired; for their own Kings Necessity urged what they could spare towards the defence of his own Dominions against the assaults of his Enemies, and so concluded That any further burthens would prove insupportable to them. [ B]

Their Letter to the [8] 1.609 Cardinals was to this Effect. They first give a hint of their grievances, and what they had contributed since the last Lateran Council, first a Twentieth part for three years for an Ayd to the Holy Land; then a Tenth to the Pope; afterward several other payments for different Uses at the Command of the Apostolic See. Then they urge the great necessity and wants their own King lay under, whom they were bound to Assist as their Lord and Tempo∣ral [ C] Patron; and that they themselves were now reduced to such penury, that if all they had were exposed to sale, it would not be sufficient to answer what was demanded: Wherefore they humbly beseech them, to represent their condition to the Pope, and endeavour to di∣vert his Thoughts, his hands, and his Counsels, from such grievous Oppressions.

About the same time the Pope [9] 1.610 granted to King Henry (Vm∣bratile [ D] Privileguim) a * 1.611 pretended and deceitful privilege: That No Italian, or Nephew of His, or Cardinals, should henceforward be sent into England to be beneficed, unless He, or his Cardinals first ask, and obtain leave of the King, to have him provided for.

Before the Council was ended, Peter of [1] 1.612 Savoy Earl of Rich∣mond, came to the Kings Court at London, and brought with him several young Women from his own Country to be married to the [ E] young Noblemen that were the Kings Wards, which thing much dis∣gusted his own Native Subjects.

This year [2] 1.613 John and Alexander, Two Friers Minors, English∣men by birth, were sent from the Pope with his Authority to be his Collectors or Exactors of Money in England; and pretending to ask Charity only, and use no force, they obtaind the King's Licence; And then went to the chief Prelates, and very sawcily required of them [ F] Money to the use of their Lord the Pope, and sometimes demanded xxs for a Procuration, which was to be paid without delay; if not, they produced the Popes Thundering Letters (Literas fulminantes) to affright and constrain them to it. When they came to the Bi∣shop of Lincoln, who was a great Admirer of that Order, He stood

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amazed at their habit (which was more Souldier-like, than Religi∣ous.) But when they had shewed him the Popes Letters,* 1.614 and de∣manded of him 6000 Marks to be forthwith paid out of his Bisho∣pric: He Answered with great grief of Heart, That such Exactions were never heard of before, and very unjust, because it was im∣possible to answer them. And seeing it concerned the Ʋniversity of the Clergy and Laity (Ʋniversitatem Cleri & Populi) of the whole [ A] Kingdom, He could give them no Answer in such a Difficult Af∣fair until he had first consulted the Community of the Kingdom. Then they parted from him and went to St. Albans, and demanded of the Abbat 400 Marks to be paid to them for the Popes use. But they re∣ceived much the same Answer from him, they had before from the Bishop.

About the same time, the [3] 1.615 Pope by his Messengers, the Fri∣ers [ B] Preachers, and Minors, sent to all the Chief Prlates in France, and desired them to Lend him Money according to Every ones Abi∣lity, and whatever they Lent should be repaid them without fail when He was able to do it. When this was known to the King of France, He prohibited them under pain of forfeiting all their Goods,* 1.616 from lending any such Summs, lest thereby his own Kingdom should be impoverished.

[ C] This year [4] 1.617 Godefrid was sent Legat into Scotland, although there was no Occasion for any, and John Rufus into Ireland (quasi Legatus) in stead of a Legat, that he might thereby elude the Priviledge lately granted to King Henry, who so well managed his Master the Popes business there, that He extorted from them 6000 Marks, which summ was conveyed to London by the Religious,* 1.618 and payed into the Popes Treasury.

[ D] The same year [5] 1.619 King Henry followed the Example of the Great men of France, who by their Kings approbation had entred into a Confederacy, and made a Decree against the insatiable Avarice and Oppression of the Court of Rome, That the same Exactions and Extortions might for the future be prevented here,* 1.620 and the Jurisdicti∣on of the Spirituality restrained, He ordained, that these following Orders should inviolably be observed through England. That No Laic should bring any Case before an Ecclesiastic Judge unless it con∣cerned [ E] Marriage or Testaments. The King likewise gave the Bishops a certain Form to proceed in Cases of Bastardy, To inquire whether they were born before, or after Marriage. Clerc's were prohibited by the Kings Writ to Commence any Actions for Tythes before an Ecclesia∣stic Judge, and that Writ by which they were to proceed was called Indi∣cavit. That an Oath should be given to Clerc's, to Discover whe∣ther they had proceeded in any Case contrary to the Kings Prohibi∣tion: Whereas they are not bound to Swear but before an Ecclesiastic [ F] Judge in Spiritual Causes. Also concerning Clercs, for Crimes im∣posed upon them by Laics.

In the beginning of Lent the forementioned [6] 1.621 John a Mino∣rite, Demanded of the Church of St. Albans 400 Marks, the Second time, and by Virtue of his Authority cited the Abbat of St. Albans to appear at London three Days after, either in Person or by his

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Proxy, to satisfy the Popes Demands that were lately made to him: The Abbat sent his Archdeacon to appear for him at the day appoint∣ed;* 1.622 who after he had demanded and with difficulty obtained a Copy of the Brief; Answered, That the Abbat designed to send special Messengers to Rome to acquaint the Pope with these grievan∣ces, and for remedy appealed to him; because [7] 1.623 both the Abbat [ A] and Convent thought they should meet with more favour from the Pope than they could expect from him. When they came to Lyons (where the Pope then resided) They were coldly received and met with great difficulties, and some checks; Namely, That they did not give that respect, and pay that reverence, which was due to the Popes Messenger, and that their Abbat was the only person amongst all the Abbats of England, that refused to yield Obedience to his Commands. When they saw their entertainment, and no remedy to be expected, they compounded for 200 Marks, and their ex∣pences amounted to 100 more. [ B]

* 1.624When Frier John the Minorite saw the Clergy, especially the Ab∣bats, so unwilling to yield to his demands, He wrote to the Pope, to have his power enlarged; The Popes Answer, together with the Letters of additional powers are in Additament. Matt. Par. fol. 159, 160.

About the same time, the King finding the [8] 1.625 State of his Realm [ C] endangered and much impoverished by Papal exactions, and the Money carried out of his Kingdom without any advantage to the Church, He commanded the whole Nobility of the Kingdom [omnem Totius Regni Nobilitatem) to meet at Oxford; But the Prelates were in a more espe∣cial manner called, that they might consult, how the Church might be relieved from such oppressions as it now lay under. But they contrary to all expectation presently consented to a Contribution of 11000 Marks,* 1.626 and the Clergy were constrained to pay it into the hands of [ D] the Bishops of Winchester and Norwich, and such as refused were wearied into a compliance, by the troubles and damages, they re∣ceived from John the Minorite; nor did the Abbat of St. Albans fare the better for that he had sent the Pope fourscore Marks the year before.

In the year 1248. King Henry [9] 1.627 kept his Christmass at Win∣chester, with many of his Great men.

[ E]

* 1.628Soon after, [1] 1.629 He summoned the Nobility of the whole Kingdom of England to meet him at London Eight days after Candlemass. Be∣sides a great Number of Barons, Knights, Noblemen, Abbats, Priors, and Clercs, there came thither Nine Bishops, and as many Earls; The Arch-bishop of York, the Bishops of Winchester, Lincoln, Nor∣wich, Worcester, Chichester, Ely, Rochester and Carlile; Earl [ F] Richard, the Earls of Glocester, Leycester, Winchester, Hertford, Roger Bigod Mareschal, and Oxford; besides, the Earls of Lin∣coln, Ferrars, Warren and Richmond. The Arch-bishop of Can∣turbury was beyond Sea, the Bishop of Durham was infirm, and the Bishop of Bath was lately dead. When they were assembled, the King required of them an Ayd. But they [2] 1.630 reproved him for asking it with∣out Blushing (as saith the Monk), seeing when they granted the last, he promised by his Chart, he would not any more burthen his Great

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men. Moreover they blamed him for his repeated kindness, and Li∣berality to Forreigners, and contempt of his Native Subjects, for not encouraging the trade of his own Kingdom, [3] 1.631 for keeping Bishop∣rics, and Abbys void, in his own hands: To these they added, That neither the Justiciary, Chancellour or Treasurer were made by the Common Counsel of the Kingdom (per Commune Consilium Regni) as they * 1.632 were in his Predecessors Reigns.

[ A]

When the King heard these things, [4] 1.633 he was much concerned, and promised that what was amiss should be speedily corrected; To which the Ʋniversity of England Answered, That as they had often, so they would now patiently wait a short time, and see whether he meant as he spake; and according as he performed his promise, so they would their obedience to him in all things. So the further considera∣tion of this Affair was put off till fifteen days after Midsummer.

[ B]

At the day [5] 1.634 appointed,* 1.635 the Nobility of all England (Nobili∣tas totius Angliae) met at London, and were received by the King with this following Speech, That they did not treat their King ci∣vily, but would have him submit to their pleasure, and yield to any Terms they should offer him; and did deny that Liberty and Autho∣rity to him, which every Master Exercises in his own Family; every Master of a Family may use, whose and what Counsel he please,* 1.636 [ C] and may put in and put out what Officers he please in his own House, which you deny to your King: And as Servants ought not to Judge or impose any Difficulties upon their Lord, so neither Vassals on their Prince; and therefore was resolved, neither to remove the Chancel∣lor, Justiciary or Treasurer at their pleasure, nor to appoint others. And then added, that he expected from them a pecuniary Ayd, for the defence and recovery of his Rights, which concerned them beyond the Seas. To all which they unanimously Replyed, That they would [ D] no longer impoverish themselves to enrich Strangers,* 1.637 as they had for∣merly done, when they gave money towards his Expedition in Gascoigny and Poictou: So the Parlement was dissolved in great dis∣order, without any satisfaction, either to the King or themselves. But the King was hereby [6] 1.638 reduced to so great necessities, that he was con∣streined to expose to Sale his Jewels, Plate, and other Ʋtensils of his House; and such Vessels as were curiously wrought and Gilded, were Sold, not according to their value, but weight. When the [ E] King enquired where he should meet with Buyers, it was Answered, At London. The King replied, If the Treasury of Octavian were to be sold, the City of London were able to purchase it.

This year on the 13th of October, [7] 1.639 the King with many Pre∣lates and Great met at London to celebrate the Memory of the Tran∣slation of St. Edward, and caused a New Fair to be proclaimed at Westminster, to continue 15 days, and prohibited all other Fairs [ F] that▪ used to be kept at that time of the year, throughout all Eng∣land, and also all Trading in the City of London, within Doors and without, during that time; That this Fair at Westminster might be the more plentifully stored, and frequented with all sorts of Goods and People.

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This year the Pope [8] 1.640 continued his Extortions from, and Op∣pressions of the English, and sent his Italians to be without delay beneficed in England, whereof One was sent to the Abbat of Aben∣dune, who made choice of the Church of St. Helens in the same Town, worth 100 Marks by the year; and the same day it became void the King send's his Mandate to the Abbat to confer it upon * 1.641 Ethelmarus his Brother, by the Mothers side, and the King would [ A] protect and indemnify him. The Abbat yielded to the Kings Com∣mand. Upon this the Pope cited the old Abbat to appear before him at Rome, who being deserted by the King, was constrained to take that wearisom, and tedious Journey; where after many difficulties and expences, he compounded for fifty Marks.

* 1.642In the year 1249. the King kept his [9] 1.643 Christmass at London, and required of the Citisens New-years gifts. Then he sent to the [1] 1.644 [ B] Citisens of London, to supply him with Money, which they received with a heavy Heart, and complained, That that Liberty which was so often bought, granted, and Sworn to, would not now distinguish them from Slaves of the meanest rank; but at length with great relu∣ctancy were constrained to pay 2000 pounds; but this would not satisfy the Kings wants, therefore he was forced to apply himself to his Great men one by one, and requested them to Lend him Money, both to supply his Necessities, and pay his Debts, and also to inable [ C] him to recover those Rights the King of France had invaded: And in a most Submissive Manner made his urgent Necessities known to the Prelates and Abbats, and begged of them either to give or lend him such or such a Sum of Money; but could obtain nothing but Excuses or denyals, unless from the Abbat of St. Albans, from whom he received Sixty Marks. This encouraged the King to hope the like success from other Prelates and Abbats, and accordingly [2] 1.645 wrote to those of Essex and Hertford, to Lend him Money for his [ D] present Necessities, and gave them his promise Faithfully to repay the same.

This year [3] 1.646 Nicholas Bishop of Durham being sensible of his great Age, and infirmity, resigned his Bishopric, and withdrew him∣self from all public Affairs, to a private Life. The King recommended [4] 1.647 Aethelmarus his Brother to the Convent, and by Messengers, and repeated Entreaties would have persuaded them to choose him [ E] to be their Bishop. To whom they replied, that He had at his Coro∣nation sworn to preserve the Church's Liberty, and that the person recommended, was neither of sufficient Age, or Learning, for so great a Charge. The King Answered, [5] 1.648 Then He would keep the Bishopric eight or nine Years in his hands, and by that time He would be capable of it.

This year in June [6] 1.649 Simon Montfort Earl of Leycester (al∣though [ F] he had undertaken the Crusado) passed over Sea into Gascoig∣ny, and subdued all that were in rebellion against King Henry, and in every thing behaved himself with such fidelity and Courage, that he gained the applause of all the Kings friends, and the Name of a trusty Patriot.

Page 503

This year on the 3d of July [7] 1.650 dyed Alexander King of Scot∣land.

In the year 1250. King Henry kept his [8] 1.651 Christmass at Win∣chester, and after the celebration came to London. At the same time [8] 1.652 Cincia Earl Richards Wife was brought to bed of a Son, who [ A] was named Edmund.

Soon after many of the [9] 1.653 Nobility of England, for reasons not known, passed over Sea; Among whom were Richard Earl of Cornwal, and the Earl of Glocester, Henry de Hastings a Baron, Roger de Turkebi, and many other Nobles; Besides the Bishops of Lincoln, London and Worcester; And with them the Archdeacons of Oxford, and Bedford, and many other Clercs.

[ B]

On the Seventh of March the King and many of the Nobility and Clergy undertook the Crusado;* 1.654 [1] 1.655 There were in all about 500 Knights, besides an innumerable Number of Esquires and Common Souldiers.

In May [2] 1.656 Earl Richard returned into England from the Court of Rome, where he was received and treated, both by the Pope and the [ C] Cardinals, in a most Pompous and Magnificent manner, to the admi∣ration not only of the Citizens, but of all strangers that were pre∣sent at his entrance, and saw his entertainment; which Occasioned various Conjectures, but most then thought, That the Pope knew he was both Rich and Ambitious, and at that time designed to pro∣mote him to the Empire. At the same time the [3] 1.657 Earls of Glocester and Leycester, with many other Great men, and Prelates, returned into England.

[ D]

About Midsummer there was great [4] 1.658 Stir in the City of Lon∣don about some Liberties of the Citisens, the King had granted to the Abbat of Westminster; the Maior with the whole Community of the City, made their complaint to the King, but could obtain no Remedy: Then they applied themselves to Earl Richard, and to the Earl of Leycester, and some other Great men, who went to the King and severely blamed him for infringing those Charters his Pre∣decessors [ E] had granted to the City, and also severely Reproved the Ab∣bat, as one that occasioned, and moved the King to this Violation: By this means the King was restrained from proceeding any further in his Grant.

Soon after the King [5] 1.659 complained to the Pope, that his Great men who had undertaken the Crusado, designed to begin their journey to the Holy-Land before he was prepared, and that they were more [ F] ready to follow the King of France his Capital Enemie, than him. Up∣on this the Pope by his Letters, under pain of Excommunication, pro∣hibited any from going without the Kings leave; and for the better Security, [6] 1.660 He sent to the Wardens of his Ports to hinder any of his Great men from passing over Sea.

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This year a certain Jew, [7] 1.661 Named Aron, being convicted of Counterfeiting or falsifying a Charter, was severely fined and paid to the King 14000 Marks, and to the Queen an answerable proportion in Gold: So, that it was Computed, That this Jew had paid to the King 30000 Marks of Silver since his coming from beyond Sea, and to the Queen 200 Marks of Gold; as the same Jew informed our Author Matthew Paris, [8] 1.662 who says they were not to be pitied, because the [ A] Jews were manifestly proved to be corrupted, and forgers of the Kings Seals and Charts.

This year about the Feast of St. Matthew, [9] 1.663 William Bishop of Winchester died at Turon; The King after some short sorrow for his Death, sent very kind and soft Letters to the Monks of that Cathedral to persuade them to choose Ethelmarus his Brother, their Bishop. [1] 1.664 The Monks were under great difficulties how to manage them∣selves; [ B] They durst not reject the Kings request, lest further incon∣veniencies should ensue; for they thought the Pope the Kings close Friend; neither were they willing to Elect one whom they knew to be altogether insufficient for so great a charge: [2] 1.665 At last after many disputes the Kings powerful request prevailed, and Ethelmarus was chosen Bishop, and forthwith Solemn [3] 1.666 Messengers were sent to give the Pope notice of it, with Letters full of entreaties and promises to induce him to approve of what was so very pleasing to the [ C] King.

Soon after the King received [4] 1.667 Solemn Messengers from the Pope, to desire leave of him, to let him reside some time at Burde∣aux; for the Earls of Poictou and Provence, Brothers to the King of France (who was lately taken Prisoner by the Saracens) looked upon the Pope to be the principal Author of this misfortune, because he had hindred those who had undertaken the Crusado, from proceed∣ing [ D] according to their design, and had absolved many from their Vow. There passed hard words between the Pope and them, and they parted from each other in great anger. The Earls made what hast they could into England to sollicite the King to give them what assistance He could in this juncture, for the Relief of their Brother, urging to him the Vow he at present lay under. This reduced the King to great streights;* 1.668 for if he consented to the Popes request, he made the Emperor his Enemy; If he refused him, [ E] he then incurred his displeasure; whereupon the King took longer time to consider what Answer he should return.

* 1.669In the year 1251. King Henry kept his [5] 1.670 Christmass at Win∣chester, but the usual plenty and Hospitality was laid aside, and the accustomed distribution of gifts was omitted, and no one was an ac∣ceptable guest at Court, who did not bring some gift or present to the King, Queen, Prince Edward, or some Courtier.

On Epiphany day [6] 1.671 Simon Montfort Earl of Leycester, he had in a great measure reduced Gascoigny to the Kings obedience, came in∣to England, accompanied only with three Esquires, & went to the King, and acquainted him with the great charge and expence he had been at, to repress those Rebels, but could no longer maintain it out of his

Page 605

own Revenues; therefore He required a supply both of Men and Money from him, [7] 1.672 which was granted; and having received of the Kings Treasury 3000 Marks, and gathered together what Money he could among his own Tenents, and those of his Wards, He pre∣pared to return into Gascoigny.

On [8] 1.673 Candlemass day following Henry of Bath the Kings Justi∣ciary [ A] was accused to the King of Bribery and Extortion, whereby he had raised a very Great Estate upon the ruin of others; Upon this he was Attached, and when John Mansel Clerc, one of the Kings principal Counsellers offered to be his Bail, the King refused him, ad∣ding that his fault was little less than Treason. But upon the im∣portunate intercessions of the Bishop London and many others, he was set at liberty, and Twenty four Knights bound for his Appea∣rance at a time appointed, statuto Termino.

[ B]

On the 17 of February [9] 1.674 according to appointment the Parlia∣ment met at London, where appeared the above mentioned Henry of Bath, who (beside other Crimes) was accused for incensing the whole Baronage against the King (Ʋniversum Baronagium contra ip∣sum Regem exaspiravit,) upon which a general Sedition was like to ensue. The King was so highly provoked against him, that he caused it to be openly proclaimed in his own Court, and in London, [ C] That if any Person had any Action or Complaint against him, he should come in, and be fully heard. One of his fellow Justices laid to his charge, that for Money he acquitted and discharged one con∣victed of Notorious Crimes; which so enraged the King, that he publickly declared, That if any one should Kill Henry of Bath, he would pardon him. And he had been soon dispatched, had not the prudence of John Mansel and the threats of the Bishop of London, secured him from violence. But at length having made Earl Ri∣chard, [ D] [1] 1.675 his Friend, through his powerful mediation, and the promise of a good Summ of Money, he gained his Liberty. [2] 1.676 About the 21 of July following, he returned again to Court, and was reconciled to the King upon the payment of 2000 Marks.

About this time [3] 1.677 Ethelmarus the Kings Brother by the Mothers side, was by the Pope approved of and confirmed in the Bishopric of Win∣ster. At the same time the Pope sent to the King to make a yearly [ E] allowance of 500 Marks for the maintenance of the Duke of Burgun∣dy's Son, a Young Child.

This year Wales was [4] 1.678 wholly subdued, and received the English Laws; and that part of it which Borders upon Cheshire, was committed to the Government of Alan de Zouch, who answered to the King 1100 Marks by the year.

[ F] About this time [5] 1.679 the Pope sent [5] 1.680 John de Camecava his Nephew and Chaplain, into England with Letters to the Abbat and Convent of St. Albans, commanding them to confer upon him the Parsonage of Wendgrave, or any other Benefice that belonged to their Patronage, if desired by the above Named John, when it became voyd; notwithstanding that Indulgence or Priviledge lately granted to the English, that Benefices of Roman Clerc's, that should become

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vacant either by Cession, or Death, should not be conferred on any Italians.

After that Simon Montfort Earl of Leycester [6] 1.681 had by va∣rious successes against the Rebels in Gascoigny broken their strength, and had taken Chastellion, a Castle of great importance to them, and their common refuge; He, together with his Wife, and [7] 1.682 Earl [ A] Guido de Lusignan, the Third Brother of the King by the Mothers side, Landed at Dover in November. When the King had Notice of it, He commanded his Great men and Citisens of London to receive his Brother with all solemnity, and signs of joy. And after he had supplied his wants by the Kings bounty, he returned home plentiful∣ly furnished with Riches.

* 1.683In the year 1252. King Henry kept his [8] 1.684 Christmass at York, [ B] because his Daughter Margaret being now of full age, was to be so∣lemnly marryed to Alexander the Young King of Scots. And for the more glorious celebration of these Nuptials, there met a very great confluence of the Clergy and Nobility, not only of England, and Scotland, but several from France. On Christmass day King Henry Knighted Alexander King of Scots, and the next day very soon in the Morning, He was Married to the Kings Daughter: [9] 1.685 Then He did Homage to the King of England, for Lowthian and some other Lands he held of him, and after that, It was demanded that he [ C] should do the same Homage and Fidelity to his Lord the King of England for the Kingdom of Scotland, as his Predecessors had for∣merly done. To which the King of Scots replyed, That he came thither in a peaceable manner, and by Marriage of his Daughter, to unite himself more close to him; but not prepared to give an Answer to such hard Questions, for he had not consulted his Nobility about so difficult an Affair. When the King heard this modest reply, he would not press him any further at present; lest the designed [ D] mirth and jollity of the Nuptial Solemnity should be thereby di∣sturbed.

Soon after the Pope [1] 1.686 wrote to the King to hasten his prepara∣tion for the Holy Land, to prosecute the Vow he lay under, and give what Ayd and Relief he could to the King of France. And if He would not go in person, not to hinder others, who stood obliged by the same Vow. The King to shew his readiness to answer the Popes [ E] request, took great quantities of Money from the Jews, nor were his Christian Subjects spared.

In the Spring following the [2] 1.687 Noblemen of Gascoigny, sent over their complaints to the King against Simon Earl of Leycester, ac∣cusing him of Ʋnfaithfulness and Treachery. When the Earl heard of what was laid to his charge, He went to the King and pleaded his Innocency, and wondred he should give more Credit to his Rebel∣lious [ F] Gascoigns, than to him, who had given such proofs of his Fide∣lity. To whom the King replied, That if he were Innocent, a strict in∣quiry would render him the more Eminent; The Earl being calmed and humbled by this Answer of the Kings, was again furnished with Money for his return into Gascoigny, which he hastened as much as possible, that he might execute his Malice and revenge on

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those that had accused him to the King: And He did it with such ri∣gor at his return, that all Gascoigny had [3] 1.688 revolted from their Allegiance to the King of England, and sought out a New Lord, could they have found any other Country to have sold their Wines with such advantage to themselves.

Soon after the Great men of Gascoigny agreed to send [4] 1.689 solemn [ A] Messengers to the King of England, to acquaint him how his faith∣ful Subjects in that Country were inhumanely treated by the Earl of Leycester; and drew up the charge or Accusation against him, which was Testified by the Seals of their Cities, Great men, Castellans, and Bayliffs. And this was carried to the King by the Archbishop of Bur∣deaux, and several Great men [5] 1.690 who landed in England about Whitsuntide, and found the King at London, before whom, they laid a lamentable [6] 1.691 complaint of the Treachery and Tyranny of the [ B] Earl of Leycester. The King would not give a hasty belief to their complaints, because he had found them Traytors when he was in Gas∣coigny; But waited till the return of Nicholas de Molis, and Dr∣g Valentin, whom he had sent thither to enquire into the Truth of their accusation.

At their Return they [7] 1.692 reported to the King, that they found some had been inhumanely treated by the Earl, but, as they believed, according [ C] to their Merits: The Archbishop of Burdeaux, and such have as came with him, required they might prove their Accusation,* 1.693 and then have Judgment, and protested by Oath they would never obey the Earl, and begged of the King to provide them a new Governor; but that was not enquired into because the Earl was Absent: Then a day was ap∣pointed to examine further into this Affair.* 1.694 The Earl of Leyce∣ster had procured Earl Richard, and the Earls of Glocester and Hereford together with many other Noble and Great men, who [ D] were his close friends, to be present: At the time prefixed the Earl ap∣pear'd, and so pleaded his Innocency, and vindicated himself, that he stopped some of his Adversaries Mouths; and when the King saw that his Brother Richard, favoured the Earl, He also moderated his Anger he had conceived against him. After long debates, and reflections up∣on each other, The Earl [8] 1.695 repeated the Services he had done the Crown, and the promises and Grants the King had made him, and the Expences he had been at in his Service; and boldly demanded of [ E] the King performance of his Bargain, and recompence for his charges. The King replied he would not stand to any promise made to one that was a Traytor. The Earl told the King He lyed, and were he not a King would make him eat his Words. Adding in a most re∣proachful manner, and Questioning, Whither any many could believe he was a Christian, or whether he had ever been at Confession?* 1.696 The King replyed, Yes. The Earl answered, what availeth confession without Penance and satisfaction? To which the King replyed, [ F] That he never had more reason to repent of any one thing so much, as that he had permitted him ever to enter into England, and that he had given Honors and possessions to One so ungrateful. The King had forthwith caused him to be apprehended and imprisoned,* 1.697 but that he had Notice that some of the Great men would abet, and sup∣port him: At length by the interposition of friends they parted from each other.

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Soon after the King ordered the [9] 1.698 Earl of Leycester to return into Gascogny, and seeing he was such a lover of War, he might there find Employment enough, and also a reward answerable to his Merits, as his Father had done before him. To which the Earl boldly replyed, That he would go, and not return till he had wholly subdued the Enemies, and reduced the rebellious Subjects of an ungrateful Prince; and presently made all preparation possible to hasten his Expedition. [ A]

Then the King called to him [1] 1.699 the Arch-Bishop of Burdeaux, and the Gascoigns that were with him, and those about London, and de∣clared that his Brother Richard, whom he had made Governour of their Country, neither valued it, nor cared to see it; whereupon he gave them Notice that he conferred it upon Prince Edward his Eldest Son. This much rejoyced the Gascoigns, and forthwith all that were present did their Homage and swore Fealty to him; the King reserving to himself [ B] their Allegiance. Then after they had received many gifts and presents from Prince Edward, they prepared for their return into Gascoigny, 2 1.700 where they found all pleased with their new Governour, and very busy in their Preparations, both to receive and Countermine the Earl of Leycester; between whom and the Gascoigns was shortly after a smart Skirimish, in which the Earl very difficultly escaped being taken or kil∣led; but being relieved, he soon gained the advantage, and having taken five of their principal men Prisoners, he put the rest to flight. [ C]

This year was a general [3] 1.701 Complaint among all sorts of People, both Clercs, and Laics, of the Oppressions and Exactions they suffered from Forreiners, and more especially Poictovins; and when any complained he was injured, and sought remedy by Law, the Poi∣ctovins would relpy, What did the Law, or Assise or Customes, of the Kingdom concern them? (Quid ad nos de lege, de Assisis, vel regni hujus consuetudinibus?) which very much fretted the Kings Natural Sub∣jects, [ D] especially, when they saw many of the English tread in the same steps.

On [4] 1.702 the 13th of October, (being the Feast of the Translation of St. Edward) all the Prelates of England, (except the Bishop of Che∣ster, who was infirm, and the Arch-Bishop of Canterbury, and Bi∣shop of Hereford, that were beyond Sea, and the Arch-Bishop of York) met the King at London; where was propounded to them (Papale [ E] Mandatum) the Popes Command, That the [5] 1.703 Tenth of the whole Church, for three years should be set apart and paid towards the de∣fraying the Kings Expences in his journey to the Holy Land. And this not to be levyed according to the old value of the Church Revenues, but according to the new value, and strictest inquisition, and judg∣ment of the Collectors, or Kings Officers (ad inquisitionem strictissi∣mam, et voluntatem & arbitrium Regiorum Satellitum.) Moreover the Kings Agents offered, That if they would pay down two years va∣lue [ F] according to the Popes Precept, that of the third year, or at least half of it, (although it was not granted in the Bull) should by the Kings bounty be remitted. To all which the Bishop of Lincoln replyed,* 1.704 That they proceeded upon a supposition that was not granted, Namely, that they had consented to this cursed

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contribution (ad maledictam contributionem.) The Elect of Winchester Replied to him, How can we gainsay both the Pope and the King?* 1.705 and moreover the French have consented to the like contribution. The Bishop of Lincoln Answered, upon that very Account we ought Not to consent, for we see the effect of that contribution; a Double act begets a Custom: With him agreed the Bishops of London, Chichester, and Worcester, the Elect of Winchester, and almost all [ A] the rest, only Salisbury fluctuated.

When the King had received their Answer, he replyed; They do not only oppose the Pope, and their King, but also Jesus Christ, and the Vniversal Church. To which the Bishops Answered, That if the Pope did but truely understand, [6] 1.706 how they had been impo∣verished and oppressed on every side, he would not think it strange, that they should oppose this contribution. And when the King with [ B] great importunity urged the Payment of it, [7] 1.707 they answered him, That both the Arch-bishops of Canturbury, and York were absent, and they could not do any thing without the consent of their Pri∣mate's.

At the same time the King [8] 1.708 demanded of the Citizens of London Twenty Marks of * 1.709 Gold, and also to their prejudice continued the Westminster Fair for fifteen dayes, and would not allow them to [ C] open their Shops all that time.

Soon after he [9] 1.710 called his Great men together to consult with them about the Affairs of Gascoigny: When they were met, they urged on the behalf of the Earl of Leycester, That the Gascoigns were infamous and rebellious, as appeared by their treating of their King when he was among them; and that they had practised Robe∣ry and depredations on Travellers; and that the Earl of Leycester [ D] had three years and a half, yet remaining in his Charter, by which the Government of that Country was committed to him. The King was not at all pleased to find his Great men so ready to excuse the Earl, for he determined to have dealt with him as a Traytor: When the Earl had Notice of the Kings design, he replyed; [1] 1.711 I am very well satisfyed that the King would destroy me to enrich some Pro∣vincial, or Poictovin with my Earldom: And so the Council was dis∣solved, the King being equally dissatisfied with the Secular Great [ E] men as with the Prelates, so as he thought to send for a Legat, who might force the Clergy by Apostolic Authority to answer his De∣mands.

On the 11 of November [2] 1.712 Albert the Popes Notary came into England to perswade Earl Richard, who was known to be wealthy above all the Great men of the West, to accept the Popes Offer of the Kingdoms of Apulia, Sicily and Calabria; neither was he unmind∣ful [ F] of himself, but let the Bishops [3] 1.713 know that he was the Popes favourite, and that Presents, and Benefices would be very grateful, and acceptable to him.

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This year [4] 1.714 the Bishop of Lincoln employed one of his Clercs to take an exact account of the yearly Revenue that Italians and Foreign Clercs were possessed of in England, and it was found to amount to above 70000 Marks by the Year, and the Kings bare Revenue at the same time scarce reached to one third of that Summ. Reditus Regis merus non ad ejus partem tertiam computatur.

[ A]

Simon Montfort Earl of Leicester this year [1] 1.715 Resigned his Chart or Patent of the Custody or Stewardship of Gascoigny, which he had obteined of the King for five years: He purchasing him out of the re∣mainder of his Term, which was three years, and conferred that Go∣vernment upon his Son Edward. Alphonso King of Castile, so soon as he found the Earl of Leicester had quitted his Charge, and it was left to the management of a Child, [2] 1.716 pretending a Grant of that Country from King Henry the Second, confirmed by Richard the First [ B] and King John. Many of the Nobility of Gascony left King Henry and joyned themselves to Him. The Citizens of Burdeaux that were faithful to the King of England, gave him notice, That un∣less he sent them a quick and powerful assistance, he would lose the whole Country. [3] 1.717 The King was troubled he had removed Montfort who was gone into France, and then past Recalling, and Earl Richard had been supplanted after he had obteined a Patent of that Government, so as he behaved himself warily and silently. [ C]

In Lent many Reports came from [4] 1.718 Gascony, That Reole Castle and several others were taken from the English. The King was start∣led at this News, and caused Proclamation to be made, and sent his [5] 1.719 Writs into every County, that all men should be Armed and Mustered according to Ancient Custom, and that Watch should be kept in Cities and Towns. About the [6] 1.720 middle of April the Gas∣coigns fell one upon another, invaded each others Castles, made Cap∣tives [ D] on both sides, burnt and wasted their Houses and Lands.

The King being in great streights, had [7] 1.721 taken Extraordinary Courses to raise Money, no ways agreeable to the people, nor accor∣ding to use and Custom, and yet wanted a very large Summ for the Expedition he intended into the Holy Land: Thereupon called a [8] 1.722 Parlement to consult about the Difficult Affairs of the Kingdom, fif∣teen Days after Easter. (In Quindena Paschae tota Edicto Regio convocata Angliae nobilitas convenit Londini, de arduis Regni negotiis simul cum Rege [ E] Tractatura:) The Nobility met accordingly, and he demanded a very great supply of Money from them: After much Controversie, [8] 1.723 the Arch-Bishop of Canturbury, the Bishops of Carlisle, Salisbury, and the Elect of Winchester, were sent to the King by the Bishops and all the Prelates, to persuade and induce him, (as he had often promised upon Oath) to permit Holy Church to injoy all her Liberties, and especially those concerning Elections, in which chiefly (as they said) Ecclesiastick Liberty Consisted, and if he would Correct this [ F] Error, and those concerning the Liberties conteined in Magna Charta, they would strain hard to satisfie his desires.

Page 611

After [1] 1.724 fifteen days Debate of this and other things, they came to this Resolution by unanimous agreement, That the Kings Intentions of taking upon him the Cross were Pious, and that they should not want their effect; nor should the state of the Church or Kingdom re∣ceive Detriment, and therefore the Clergy Granted him the Tenth of all Church Revenues for thre years for the Relief of the Holy Land [ A] against the Enemies of God, to be Received by the oversight of Great Men. And the Military men gave him for that year three Marks of every Knights Fee. Upon which the King promised in good Faith, and without Cavil, to observe the great Charter and every Article conteined in it: And the same which his Father King John had Sworn to keep many years before, and which he in like manner had Sworn to at his Coronation. [2] 1.725 And then all that opposed, violated, diminished, or changed, the Liberties and Customs, conteined in the [ B] Charter of Liberties, were Excommunicated and Anathematized on the third of May, (the [3] 1.726 Record says on the thirteenth of May) in the great Hall at Westminster, in the presence and by the Assent of the King, Richard Earl of Cornwall his Brother, the Earl of Norfolk Mareschal of England, the Earl of Hereford, the Earl of Oxford, the Earl of Warwick, and other chief men of the Kingdom, by the Arch-Bishops and Bishops with Candles lighted in their Hands, and the [4] 1.727 Charter which King John Granted was produced, and read [ C] before them, which the King regranted; and then they put out their Candles and threw them down smoaking upon the Ground, and eve∣ry one wished, That such as Deserved that Sentence might so stink and smoak in Hell.

The Council was no sooner [5] 1.728 Dissolved, but the Gascoigns re∣newed their Suit to the King for assistance, who promised to come to them in person with considerable Force about the [6] 1.729 first of June; [ D] he summoned all his Military Tenents to be ready with their Horses and Arms at Portsmouth eight days after Trinity Sunday, with al e∣cessaries to pass the Seas with him; he took up a 1000 Ships of English and Forreign Merchants, and lay Wind-bound above a Month, to his great Expence and prejudice of his Affairs beyond Sea. [7] 1.730 About the sixth of August, having appointed his Queen and Brother Richard to Govern the Nation in his Absence, and left his Son Edward un∣der their care, he set Sail with a fair Wind, and on the 15th of [8] 1.731 [ E] the same Month arrived at Burdeaux, and presently commanded Reole Castle to be Besieged, and by the End of Summer, the King had [9] 1.732 recovered all his Castles in Gascony by Composition, the Defendants often sending to the King of Spain for Relief, but never receiving any.

Yet the King not daring to rely upon the [1] 1.733 Fidelity of the Gascoigns, and suspecting they might revolt to the King of Spain, [ F] sent the Bishop of Bathe, and John Mansel his especial Clerc to him, to desire a League and Friendship with him, and that he would yeild to Marry his Sister to his Son and Heir Prince Edward, to whom he had given Gascony. His Envoys dispatcht this Affair, and with his Favor and Friendship, brought back a Chart Sealed with a Golden Seal, by which he quiet claimed whatever Right he had, or could have in Gascony, by the Grant of Henry the Second, Richard the

Page 612

First, or King John; and upon Ihn Mansels persuading him into a good Opinion of the King of Spain, he sent for his Queen and Prince Edward to come to him.

In the mean time the Earl of Leicester [2] 1.734 came with some Troops of his own, and offered his service to the King, which when the Gascoigns understood, and that the King of Spain was reconciled to him, by degrees they returned to due obedience, and the King [ A] had some thoughts of Returning.

On St. Julians day, or the Twenty Seventh of January [3] 1.735 almost all the Great Men of England were Convened, and there came to that Parlement, (ad Parliamentum venientes) on behalf of the King his three Messengers from Gascony, the Earl Mareschal, Roger Bi∣god, and Gilvert de Segrave to declare his desires to the Ʋniversity of England. There were present Richard Earl of Cornwall, and [ B] the Queen,* 1.736 with all the Bishops of England, except those with the King. The Message delivered in this Meeting from him was, That he was deceived in the King of Spain, whom instead of a Friend, he had found an Enemie, and therefore required a powerful assistance from them. What was done upon this Message best appears by the Queens and Earl Richards Letter to the King to be found in the [4] 1.737 Additaments of Mat. Paris.

* 1.738They wrote they had received his Letters at Christmass before, and [ C] that they Summoned the Arch-Bishops, Bishops, Earls and Barons of the Kingdom on the Morrow after St. Hilary, to acquaint them with his Condition, and that the King of Castile was coming against him into Gascony; and because of the shortness of the time, the said great men could not meet at that Day, they called the same together at Westminster fifteen days after that Feast (i.e. the 27th of January;) That the Earls and Barons, after they had heard the cause of their coming together, offered to be ready at London three weeks after [ D] Easter, to march from thence to Portsmouth, and Ship themselves, to relieve him in Gascony, if the King of Castile invaded that Country; That the Arch-Bishop of Canturbury, the Elect of Winchester, Bi∣shops of London and Worcester promised they would personally come to him with a good strength; That the other Bishops and Abbats promised a large supply in Money: At last Earl Richard signified to him in the same Letter that he would not fail him of a supply answe∣rable to his Necessity and his own Honor, if the King of Castile did [ E] Arm against him, and that he would leave the Kingdom in good Hands by advice of the Queen, and bring her and the Prince with him: But they would not [5] 1.739 believe the King of Castile had any such Design, and so the Council was Dissolved without effect.

Fifteen [6] 1.740 days after Easter the Great Men were called again to London, when the King upon the same Reasons, made the same De∣mands, and received the same Answer; for then their suspitions that [ F] the King of Castile had no Design against King Henry, was confir∣med by Simon Monfort Earl of Leicester, who was just come to them from beyond Sea.

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Notwithstanding the [7] 1.741 Queen had received order from the King to the contrary, yet she with her two Sons Edward and Edmund, and her Uncle the Arch-Bishop of Canturbury, Shipped themselves at Portsmouth on the 28th of May, and arrived at Burdeaux the last of the same Month.

Not long after their Landing, [8] 1.742 Prince Edward was sent in great [ A] Pomp to Alphons King of Spain, where when he had Married his Sister Alienor he was Knighted by him: At his Return with his Bride to his Father, he brought with him the King of Spains Release or Grant of Gascony (before mentioned,) and King Henry forthwith setled upon him and his Wife, Gascony, Ireland, Wales, Bristol, Stamford, and Grantham. And from that time the King began to prepare for his Voyage into England, [9] 1.743 when upon stating the Account, it appeared his Expences, in those Expeditions had been [ B] Twenty Seven Hundred Thousand Pounds and more, besides the Lands, Wardships and Rents he had given to Strangers, and besides thirty thousand Marks he had given to, and expended upon his Poictovin half Brothers.

About this time Master Albert returned to Rome, and [1] 1.744 certified the Pope, That the proposals made to Richard Earl of Cornwall, con∣cerning the Kingdom of Sicily and Apulia, would take Effect. He [ C] would not expose himself to uncertain events, requiring of the Pope Security and Pleges for what he should undertake; Money also to∣ward his charge of subduing that Kingdom, and some of his Castles for places of retreat. Upon this Report [2] 1.745 the Pope sent private Messengers to King Henry, and offered him that Kingdom to the use of his Son Edmund, who very forwardly embraced the seeming fa∣vour, and received it with much satisfaction, and to make way for him, Innocent the 4th had accused [2] 1.746 Conrad Son of Frederic the [ D] rightful King, of Heresie, Murther, and other great Crimes. To which accusation he gave a very clear [3] 1.747 Answer, yet Dyed not long after, to the great Joy of the Pope, who presently subdued almost all Apulia: But both Sicilian and Apulian Nobility, rather than be under his Government, set up [4] 1.748 Manfred a Natural and Le∣gitimated Son of Frederick, and did Homage, and Swear Allegiance to him.

[ E] King Henry having made Peace with the King of Spain, and setled Gascony, asked leave of the King of France to [5] 1.749 pass through his Kingdom, which was Granted. The King of England [6] 1.750 had with him 1000 brave Horse and Noble Riders, besides Sump∣ter Horses and other Carriages. There was with him his Queen, and her Sister the Countess of Cornwall, and the King of France with his Queen, and her other Sisters, the Countesses of Anjou and Provence; and the Mo∣ther of them all, the old Countess of Provence, met them at Charres. [ F] The interview was Glorious; and from thence they were conducted to Paris, where for Eight Days they remained together in great Splendor, and with mighty Entertainments, after which time the King of France brought him one days Journey toward the Sea. [7] 1.751 When the King of England came to Bologn he found the Wind Cross, so as he was forced to stay there on Christmass day, which was Fryday; on the Sunday following, the Wind came fair, and he Lan∣ded

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at Dover, where his Brother Richard Earl of Cornwall met him, with many of the Nobility, the Bishops also, and the Abbats and Priors, all making him great and Rich Presents in Gold and Silver; which went toward the Payment of his Debts which were great.

Fifteen dayes after Easter, [8] 1.752 all the Nobility of England, as well Ecclesiastics as Seculars met at London, so as there had not been seen [ A] before such a Populous Multitude: In Quindena Paschae Convenerunt Londni omnes Nobiles Angliae, tam viri Ecclesiastici quam Seculares, ita quod nunquam tam populosa Multitudo ibi antea visa fuerit Congre∣gata; The King acquainted this great Convention with his Debts, letting them know, without their assistance he could not pay them, and therefore earnestly Requested an Ayd sufficient. They were very Querulous, recounting old Grievances, and withal, demanded that the Justiciary, Chancellor and Treasurer might be chosen by the [ B] Common Council of the Kingdom, as had been justly and anciently * 1.753 used (sicut ab antiquo Consuetum & justum,) and likewise that they might not without notorious Faults be removed, but by the Common Consent and Deliberation of the Kingdom, which the King not Granting, [9] 1.754 They Generally declared to the King, that Business should be deferred until Michaelmass, and the Council was Dissolved.

This Summer [1] 1.755 Pope Alexander the Fourth, following the steps [ C] of his Predecessor Innocent, in prosecuting the Business of Sici∣ly and Apulia, sent Cardinal Octavian with an Army of sixty thou∣sand men to destroy the City of Nocera, and Manfred that was then in it; who upon their approach to it, Marched out with a great Body of men, and utterly Defeated Octavian and the Popes Army: The News of this Defeat put the Pope into great Disorder and Confusion, seeing the Church had promised the Kingdom of Sicily and Apulia to the King of England (who as all the Writers of this time Report paid [ D] this Army) for the use of his Son Edmund, [2] 1.756 to whom the Pope had sent a Ring of Investiture, by the Bishop of Bononia, who was then upon his Journey toward England.

The King having [3] 1.757 received many Complaints from his Daughter the Queen of Scots, of her hard usage in that Nation, went to Eden∣burgh to Visit her; and when he came upon the Borders of Scotland, sent before him Richard Earl of Glocester, and John Mansel his Clerc, to see how things were, and to inquire and examine, whe∣ther [ E] the Complaints she made of Robert Ros and John Bailiol (who had been with others appointed Governors of the King, Queen, and Kingdom) were true: At first Robert Ros withdrew himself, but afterwards appeared, and with John Bailiol submitted to a Fine for their Miscarriages: And then the King and Queen being put into such a Condition as they liked, King Henry returned into England. [ F]

Page 615

Peter Egeblank Bishop of Hereford, and the Queens Ʋncle [4] 1.758 ob∣serving the King uneasie by reason of his Debts, and for want of Money, had a strange Invention for a supply, with which he acquaint∣ed him, and with the Kings leave went to Rome toward the end of Summer to perfect his Design, [5] where he found the Pope likewise in Dumps, for the great Debts he had contracted, (which he said the [ A] King of England was obliged to Discharge, under the pain of being disinherited) and the ill posture of the Church affairs. He comforted the Pope, with a way he had to help him; and by the assistance of some [5] Cardinals, by whose advice the Pope persued the projects of his Predecessor, who could bend him any way, he obteined from him what he pleased. His device was to Forge Obligations from as many Bishops, Abbats, and Priors as he pleased, in the Summ of 500, 600, or 700 Marks or more, [6] 1.759 to this or that Siena, or Floren∣tine [ B] Merchant, or rather Ʋsurer, for Money pretended to be Borrowed of them, which was * 1.760 expended at Rome, about Transacting the affairs of their particular Churches.

About the Feast of St. Edward, (the 13th of October) the Bishop of Bononia came to the King, and brought the [7] 1.761 Ring which the Pope sent to his Son Edmund, with which, in a numerous multi∣tude of Great Men, he solemnly Invested him with the Kingdom of [ C] Sicily and Apulia, with which (says the Monk) the King was as much pleased, as if he had received the Homages of the Sicilians and Apulians, or had been possessed of their Cities and Castles.

About this time Pope Alexander [8] 1.762 sent Master Rustand a Gas∣coign, a Lawyer, and one of his Sub-Deacons into England, giving him and the Arch-Bishop of Canturbury power to gather a [9] 1.763 Tenth in England, Scotland and Ireland; to the use of the Pope or King [ D] indifferently, notwithstanding any former Letters, Indulgencies, form of Words, Cause or Thing whatsoever. He also gave them power to absolve the King from his Vow of undertaking the Expedition of the Cross to Ierusalem; yet so as he should change it into an Expe∣dition into Apulia against Manfred Enemy to the Church of Rome: and to this he was Sworn by the Bishop of Bononia; and to draw him on, the Pope * 1.764 gave him all Moneys in England, which were to be collected toward the Maintenance of the Expedition to the Holy [ E] Land.

Upon the Feast of St. Luke (or 18th of October) most of the great men of England were at Westminster; [1] 1.765 amongst whom the King first bespoke his Brother Richard, earnestly pressing him to give him an Ayd in Money, to whom the Pope also wrote, supplica∣ting him to lend his Brother forty thousand, either Marks or Pounds, (not said what) that he might shew a pious Example to others. The [ F] Earl was neither moved by the Prayers of the King or Pope, and for that especially he had undertaken an expedition into Apulia, being wheadled by the Whispers of the Italians, without his Advice, or the assent of his Baronage. When he accosted others about the same matter; They answered, That then all had not been Summoned ac∣cording to the Tenor of their great Charter, and therefore they would then [2] 1.766 make no Answer, or Grant any Aid without their

Page 616

Peers which were absent. The Parlement (saith the Monk) by many fictitious Delays, (fictis occasionibus) was continued a Month, while the great men had emptied their Purses at London, who then returned home, having done nothing.

* 1.767On the fifth Sunday in Lent, the Arch-Bishop of Messina, before the Prelates, Clergy, and Laity, [3] 1.768 Convened in a great Multitude, in the Chapter House at Westminster, propounded to them the Bu∣siness [ A] of Sicily, for which he was sent hither by the Pope, and in∣deavoured by his Letters, and own perswasions, to induce them to un∣dertake the prosecution of it with the King; after some Days De∣liberation, the Clergy and Laity drew up their Reasons against it, and delivered them to the King and Arch-Bishop in French and Latin.

The Reasons of the Great Men against the King, [ B] Rationes [4] 1.769 Magnatum contra Regem.

FIrst, the Distance of that Kingdom from England.

Also the passage through the Territories of Potent men that were Enemies to the King.

Also the possession of and other places by the Enemy, which were passes to other parts of the Kingdom.

Also the Confirmation of a Prince in the Kingdom. [ C]

Also his Confederation and Amity with the Natives and Neigh∣bours.

Also the possession of almost all the Cities, Castles, and Fortresses against him.

Also the great Revenue of the Kingdom.

Also the great Charge the King had then been at, and had recei∣ved no advantage, but rather loss.

Also the vast and necessary expenses yet to come for the payment [ D] of his Debts, the Voyage thither, and the obteining of the Kingdom, for which all England sufficed not.

Also the Destruction and Impoverishing of the Kingdom of Eng∣land, by many and frequent Iters or Circuits of Justices, and by Ex∣torsions, and many sorts of prises, and other oppressions.

Also the small stock of Money the King and his Son were furnished with for this Attempt, the Poverty of the Inhabitants of England, both Clergy and Laity. [ E]

Also the Troubles of Gascony, Ireland and Scotland.

Also the Incursions of the Welch.

Also the Diminution of the power of the Kingdom of England, in Counsel, Money, and Men, which was like to happen by Richard Earl of Cornwall's leaving of it.

Also the King of France, and the Great men of Neighbour Nations, especially such as heretofore had Lands in England, would be in∣couraged to attempt upon it, if for the Design of Sicily, it was [ F] emptied of Men, Arms, Counsel and Money.

Also we will not, nor do we agree, That the King take upon him the Burthen of this Expedition, lest it may seem he delivered him∣self into the Hands of his Enemies by our consent. Neither can, or will we undertake the Burthen of the said Affair with the King,

Page 617

for the Reasons aforesaid, and for the great Hazard, and vast ex∣penses, which we can never hope to bear or overcome.

Also for the difficult and grievous conditions imposed upon the King, upon his acceptance, and first undertaking of this Business, by reason whereof, after infinite Charge and Labor, he may easily be laid aside, or * 1.770 fall from the right of that Kingdom.

[ A]

The Kings [5] 1.771 Demands.

WHereas the King by the Common Advice of the whole Eng∣lish Church upon the Grant of the Kingdom of Sicily to his [ B] Son Edmund, had obliged himself to the Pope,* 1.772 to pay all past and future Charges of acquiring that Kingdom, he desired that the whole Clergy and Laity (universus Clerus & populus in totum, &c.) would become obliged for the whole, or at least for the interest or penalties for the whole, to which he had bound himself.

Also he Demanded of the Clergy, That the Tenths of all their Bene∣fices might be continued for five years, according to the new Taxati∣ons, [ C] (which was according to the true [6] 1.773 extended value) only ne∣cessary expenses deducted.

Also he demanded the first years profits of all Benefices that should become void for five years.

Also he required half the profits of the Benefices of Non-Residents.

[ D] Also he asked the profits of all the Benefices of priviledged persons (such as had Sine Cures, or had Dispensations to hold Livings without performing service) except one which the priviledged person might choose.

Also he desired all incertain Legacies, such as were indistinctly given without naming any particular Charity, and left to be dispo∣sed of, according to the Discretion of the Priest, Confessor, or [ E] Ordinary.

Reasons of the Bishops and Clergy against the Kings Demands.

[ F] FIrst [7] 1.774 the Kings Demands cannot take effect, because so great a Summ of Money hath been already unprofitably spent, and utterly lost.

Page 618

Also we were not required to contribute to the payment of that Money from the Beginning, nor are we any ways bound; nor did the King contract or make this Bargain with the Pope, by our Con∣sent either Tacit or Express, yea we knew nothing of it, and there∣fore we neither will nor ought to be urged to the Consummation of of this Business.

Also when we have nothing but the Patrimony of Christ, whose [ A] Stewards we are, That which by the Divine Law we are bound to give to the Poor, we cannot give to Kings, unless we may mock God, and convert Ecclesiastic Goods into prohibited uses, which for no reason we will or ought to do.

Also the whole Kingdom sufficeth not for such a Burthen, although Gold might be made of Dirt, (etiamsi de Luto fabricaretur Arum) especially since the Kingdom of Sicily is inexpugnable, and inaccessible to our Army; and although we might have stipendiary and hired [ B] Soldiers of that Nation, yet their Faith might justly be suspected.

Also if the English Militia should be conducted to those parts, with so much Money as was necessary for them, we might fear the neigh∣bour Kingdoms would invade ours, and so both Kingdoms might be lost; that in possession, and that which is desired: Especially when as the King of Romans that is to be (Rex Romanorum futurus) will carry a good part of our Militia with him. [ C]

Also we see the Inroads of the Welch, and 'tis most necessary to de∣fend our own Kingdom, rather than to look to obtein another.

Also 'tis said there is a Composition between the Church and Man∣fred, concerning the Kingdom of Sicily, and all that belongs to it, as Public fame relateth and Witnesseth.

[ D]

Yet notwithstanding these Reasons, the Clergy being Canonically admonished by Rustand, they submitted, and firmly [8] 1.775 promised to obey the Popes Commands, which was to do what the King de∣sired, That he might be furnished with Money to pay him what he demanded, as expended in the Reduction of Sicily and Apulia.

The Debt the Pope claimed of the King, besides what Money he had received of him, was 135000 Marks principal, and 540 for In∣terest, [ E] to be paid before Michaelmass then next coming, before which time also the King was either to come in person, or send a General with Competent Forces; and the whole Contract, Bargain and Concession were void, nor was he to come or send thither after that time; and yet nevertheless, the King was to be, and remain Excommunicated, and his whole Kingdom put under Ecclesiastic Interdict. The fear of the Exe∣cution of which Sentences, had such effect upon the King, as he pray∣ed further time of the Pope for performance of the Contract; And [ F] notwithstanding these Discouragements, and the Hard Conditions im∣posed upon him; he resolved to prosecute this unfortunate undertaking, against the sense of his Council and Nobility: All which matter of Fact is very evident from his [9] 1.776 Letters to the Pope and some of the Car∣dinals.

Page 619

According to the Bishop of Herefords Contrivance of binding Abbies, Monasteries, Prelates, and Churches to Foreign Merchants before men∣tioned: The [1] 1.777 Abbat and Convent of St. Albans on Palm-Sunday received Letters from the Pope, to let them know That they were to pay 500 Marks to certain Merchants to whom they were bound in that Summ, within a Moneth, otherwise they were to understand [ A] that after that time they were suspended. This was inserted in the Tenor of the Letters, whereas they did not know they were bound to any man; And after the same manner it was with other Monaste∣ries, that were also thrust under the Yoak of of Merchant-Ʋsurers; And that the Exactors might more effectually extort the Money, they said it was for the Kings use, who was preparing for his Voyage of Peregrination or Pilgrimage, as then they called all Military Expe∣ditions to the Holy-Land.

[ B]

Fifteen days after Easter, [2] 1.778 the Bishops in great perplexity met at London to Answer Master Rustand upon * 1.779 his and the Kings De∣mands, who at first by reason of their disagreement, were about to Break up and Depart; but being incouraged by the Barons, they denyed Rustand, and would not contribute any thing to the King from their * 1.780 Baronies.

[ C] The Abbat of Westminster, and Master Rustand with the Elect of Salisbury, [3] 1.781 passed beyond Sea upon the Kings private affairs in the beginning of June; and the Bishops of [4] 1.782 Bath and Rochester went afterwards for the composing and extirpating secular Discords and Dissensions.

In August the [5] 1.783 King and Queen of Scots came into England, and gave their Parents a Visit at Woodstock, from thence they came [ D] to London with a mighty Train, so as both Courts were constreined to take two different Roads, the whole Country being over-spread with the great appearance of Nobility, Gentry, and their Retinues. On the 15th of the same Month when they came to London, their reception was as great as their Retinue, and Expectation, by all De∣monstrations of welcome in that City and Westminster.

The [6] 1.784 Prior and Convent of Durham, and the Prior and Convent [ E] of Giseburn, stood out against the Knavish Obligation, and Popes Suspension, and would not bow their Knees to Baal. (licet omnes fere alii genua Baal incurvarunt) But at last having none to assist them, they submitted to the persecution of the Roman Court, and Merchant Usurers.

This year on the 9th of October [7] 1.785 the King came to the Exche∣quer while the Barons were sitting, and with his own mouth pro∣nounced [ F] that every Sherif that did not appear eight days after Mi∣chaelmass, and brought his Money, as well Farm-Rent, as Amercia∣ments, and other Debts, should be amerced the first day five Marks, the second day ten Marks, the third day fiteen Marks, and the fourth day he was to be grievously Fined if absen, (& quarta sit Redimendus si absens fuerit.) And the King pronounced the same thing against Cities that had Liberties,* 1.786 and answered at the Chequer by their

Page 620

own Bayliffs: So as the fourth day they were to lose their Liberties, if they appeared not as the Sheriffs were bound to appear. And all the Sheriffs of England were Amercied each five Marks,* 1.787 because they did not Distrein every one that had ten pounds a year in their seve∣ral Counties, to come to the King and be Knighted; but they ob∣teined Respite of the King according to his Writs to them Di∣rected.

[ A]

The Bshop of Ely being Dead, [8] 1.788 the King by his Letters re∣commended Henry de Weingham the Keeper of his Seal, to the Electi∣on of that Convent, and sent special Messengers to that purpose. The Convent complyed not with the Kings Request, but chose Hugo de Balesham their Prior, Bishop. The King would not accept him, and caused John Waleran, to whom he had committed the Custody of the Bishoprick, to cut down the Woods, and Sell the Stock upon their Lands.

[ B]

The Exactors or Ʋsurers being [9] 1.789 severe upon the Church of St. Albans, about the Feast of Simon and Jude; (the 28th of October) it was under Interdict fifteen days, not that it wanted great privi∣leges, but that the Detestable Addition of (non obstane) annulled the pious Concessions and Authority of all the Holy Fathers: There∣fore the Convent rather chose to comply with an injust and violent Sentence, than be Guilty of Contempt.

[ C]

The [1] 1.790 Welch having been injuriously used, and the Govern∣ment of their Country Sold to such as would give most for it; and at length oppressed above measure, by Geofrey de Langley Knight, the Kings Exactor and Assessor of Taxes, about the Feast of All Saints took Arms for the Defence of their Country and Laws, and invaded the English Borders or Marches, and destroyed the Tenents of Prince Edward, whom as yet they had not acknowleged to be [ D] their Lord. He borrowed 4000 Marks of his Uncle Richard, that he might raise such a Force as to repress their incursions, and enter their Country to make Reprisals, but the whole Winter was so wet and Stormy, and the places whether the Welch had retired so Boggy and impassible, that the English could not attempt them, so that this Expedition proved ineffectual, and the Princes Expences in vain.

About this Time [2] 1.791 the King commanded the Chancellor that he [ E] should not Issue any Writs which might be prejudicial to his Brother Richard, or to Richard Earl of Glocester, Peter of Savoy, or any other of his Brothers, which, says the Monk, was manifestly contra∣ry to the Law and Peace of the Kingdom. Quod manifestè patet esse omni Juri & paci Regni contradictorium.

The [3] 1.792 King at the same time being necessitated for Money, for∣ced such as he thought fit, to be made Knights, or Fine to be excu∣sed; [ F] he also caused all such as neglected their Suits to Courts, to be severely Amercied, and Taxed all Lands that held in Serjeanty. He also caused Inquiry to be made into Liquid Measures of Wine and Ale, and dry measures of Grain, as Gallons and Bushels, and also into Weights, and grievously punished those whose Measures and

Page 621

Weights answered not the Standard; by which means he raised much Money, but lessened the Affections both of Clergy and Laity towards him.

Yet this course could not preserve him from extream poverty, for he had [4] 1.793 borrowed so much Money of the Popes Merchant-Ʋsu∣rers, for the promotion of his Son Edmund to the Kingdom of Si∣cily, [ A] That the Interest and Penalties for non-payment of it, amount∣ed to an hundred pounds a day.

At Christmass [5] 1.794 in the year 1257. The King was at London,* 1.795 where came to him several of the Great Men of Germany, who Declared, That Richard Earl of Cornwal was rightfully chosen, by unanimous Consent, King of Almain, or of the Romans.

[ B]

Fifteen days [6] 1.796 after Easter, the King held a Parlement at West∣minster, to Treat of the * 1.797 Business of Apulia, in which the Arch-Bishop of Messina was present, and then and there the King recei∣ved the same Answer from the Clergy and Laity, he had the year before.

From this Parlement Earl Richard went towards Germany. He [ C] was at [7] 1.798 Yarmouth, and took Ship there, with all his Retinue, on the Sunday after St. Mark; and upon Tuesday following, being the first of May, he landed at Dort, from whence on Ascension-day, he came to Aken, and on the same day was Crowned King, and his Countess Queen▪ of the Romans, with great splendor, in the presence of the Arch-Bishops of Colon, Ments, and many Earls, Barons, and Noblemen, and was placed in the Seat of Charles the Great, with the usual Solemnity.

[ D]

It is reported by [8] 1.799 Mat. Paris, That this King and Earls Trea∣sure was so great, that he could spend an hundred Marks every day for Ten years together, not accounting the Revenues he recei∣ved from England and Germany.

The Welch [9] 1.800 this year plundered and burnt the English bor∣ders, [ E] and killed the Inhabitants, notwithstanding the assistance of the Earl of Glocester, and remained triumphant in those parts. [1] 1.801 About the Feast of St. Mary Magdalene, or 22 of July, the King march∣ed into Wales, with his whole Military Service, which he had sum∣moned by his Writ, to repress their incursions; who having notice of his coming, fled to the Mountains, and inaccessible places, car∣rying with them their Wives and Children, and driving their Cat∣tle thither, they Plowed up their Meadows, destroyed their Mills, [ F] brake down their Bridges, and digged great and deep pits in their Fords, to make them unpassable; and at length confederating with those of [2] 1.802 South-Wales, by the treachery of Griffin de Brun (who was a Welchman that served the King) made an Assault upon part of the Kings Army, and Baffled it.

Page 622

The King, with the residue of his Military Men, making a great Army, marched towards [3] 1.803 Chester, and burnt all the Corn in the borders thereabouts. The Welch offer to submit, so as they might enjoy their Laws and ancient Liberties, and not be subject to Prince Edward, or any but the King himself, who refused the Terms; and towards [4] 1.804 Winter made a shameful Retreat into England, having spent much Treasure, and done nothing.

[ A]

About [5] 1.805 Michaelmass this year, the Elects of Ely and St. Ed∣munds-Bury returned from Rome, where they had spent, given, and promised vast sums of Money for obtaining their Rights, by which the Historian (I suppose) means their Confirmations. Electus Eliensis & Electus Ecclesiae Sancti Edmundi, Tantam pecuniam in Curia Romana dando & promittendo effuderunt pro jure suo obtinen∣do, ut in considerando Thesauri Quantitatem, poterunt prudentes admi∣rari, [ B] & cum admiratione Stuporem excitare. And then it was that a new Law was made at Rome, That every Elect, whether Bishop, Abbat, or Prior should come thither and compound for this Con∣firmation. Ecce [6] 1.806 Statutum Romae cruentissimum quo oportet Quem∣libet Electum personaliter transalpinare, & in suam laesionem, imo Eversionem, Romanorum loculos impraegnare.

Soon after [7] 1.807 that time the Bishop of Worcester, the Elect of [ C] Winchester, the Abbat of Westminster, the Earl of Leicester, Earl Hugh Bigod, the Mareschal Peter of Savoy, and Robert Wale∣ran, were sent to the King of France to demand the Restitution of King Henry's Rights in Normandy,* 1.808 and the other parts of France, but returned without success.

* 1.809In the year 1258. and Forty second of Henry III, he kept a mag∣nificent Christmass at [8] 1.810 London: and about that time, notwith∣standing [ D] all the Interest the King and Arch-Bishop could make at Rome, The Bishop of Ely, and Abbat of Saint Edmunds-Bury re∣turned from thence Confirmed. So as (saith the Monk) the King using ill advice every day, lost somewhat of his Royal Dignity, and studied how to damnify the Church.

The [9] 1.811 Noblemen sent by the King to the King of France, to Demand Normandy and his other Rights in that Kingdom, were [ E] civilly received by himself; but his Brothers and other Great Men much opposed them, so as they returned as they went, on the 6th. of January, or Twelfth-day.

About this time, [1] 1.812 the Welsh despairing of Peace, and distrust∣ing the Kings Mercy, seized some good Towns of Prince Edwards, and other Great Mens in the borders of Wales, and plundred them, and afterwards burnt them, and killed all the People. [ F]

It was about this [2] 1.813 time also, that the Pope was in great passi∣on with the King, because he observed not his repeated Promises, when he had bound himself (saith the Monk) under pain of losing his Kingdom to correct his Excesses: and at the instance of Law∣rence Bishop of Rochester, and many others, He propounded after

Page 623

many fruitless Admonitions to Excommunicate him,* 1.814 Interdict his King∣dom, and proceed further as he should see cause. The King in great Confusion sent him Five thousand Marks to bring him into temper, and put off the Sentence for a time, with which, and the Kings earn∣est Petitions he was satisfied.

In Mid-lent [3] 1.815 Master Rustand returned from Rome, Deprived [ A] of his former Authority, having been accused by some of his Ri∣vals, That he was too Rapacious, and had (laying aside the fear of God) gained many great Rents and Estates. And that he might ob∣tain the Kings favour in acquiring of them, he affirmed he was born at Burdeaux, and promised, as the Kings Liege and Natural Subject, effectually to procure the Dominion of the Kingdom of Apulia, and transact other Business for him at the Court of Rome, and other∣where; with such flattering Promises he circumvented the easy [ B] King (Regis simplicitatem circumveniens), so as he was endowed with great Revenues; yet was sent for to Rome, and severely chid∣den by the Pope, being hardly restored to his former Favour; how∣ever, he was removed from the Dignity and Power he had enjoy∣ed.

Soon after, or before his departure in the week before Easter, Ma∣ster [4] 1.816 Herlot, or Arlot, the Popes Notary, and special Clerc, came [ C] with great pomp into England, furnished with great power, who though he was not stiled a Legat, yet wanted not his great∣ness.

On the 14th of March, King Henry [5] 1.817 Summoned all that ought him Service, both Clergy and Laity, to meet him at Chester eight days before Midsummer, to march into Wales against Lew∣elin the Son of Griffin, and his Accomplices, who had seized on,* 1.818 [ D] and wasted many of his Lands, and the Lands of his Son Edward, and other his Liege Subjects, against the Homage and Fealty they had sworn to him.

The Welch made these incursions at this time upon [6] 1.819 Confi∣dence the King would be diverted by the Scots: For whereas, that King upon Marriage with King Henry's Daughter, had put him∣self and Kingdom [7] 1.820 under his Protection and Government, un∣til [ E] he should be of lawful age; Some of his Rebels took him from the Counsellors and Curators King Henry had set over him, and de∣tained him against his Will: For repressing of this Insolency and Rebellion, the King issued out [8] 1.821 Summons on the 17th of Ja∣nuary before, to all his Military Tenents of the North, especially those of Yorkshire, Cumberland, and Northumberland, to march with Horse and Arms, and all their Force into Scotland, with such as he should send to them.

[ F]

After [9] 1.822 Hoke Tuesday (That is Tuesday fortnight after Easter-Tuesday) a Parlement was convened at London, Post diem Martis, quae vulgariter Hoke-Daie appellatur factum est Parlamentum Londi∣ni, wherein the King pressed with the Affairs of the Kingdom of Apulia, (concerning which, Master Herlot was sent to urge him to a direct and positive Answer) Demanded a very great Sum of

Page 624

Money which the Pope had upon his Request obliged himself to pay to the Merchants. The Great [1] 1.823 Men stifly denyed to assist him with Money.

And in this [2] 1.824 Parlement there arose great Heats and Conten∣tions between the King and Barons, who made great complaints against him, That he nighted the Keys and Power of the Church, and did not observe the Tenor of his Great Charter; That he had [ A] raised to Dignities and Riches his half Brothers, against Law and Right, as if they had been the Natural People of the Land, and would not su••••er any Writ to issue out of Chancery against them; That although the pride of his Brothers and other Poictovins were into∣lerable,* 1.825 yet William de Valentia exceeded them all. Simon Montfort Earl of Leycester making his advantage upon these De∣bates and Wranglings, complained very heartily not to the King but to the Vniversity, calling for Justice; And up-braided the King [ B] that he promoted and enriched Strangers, and despised and wasted his own People, to the Subversion of the whole Kingdom, by which means he became unable to Repell the injuries of the inconsidera∣ble Welsh.

These Heats and Wranglings [3] 1.826 continued until the Sunday af∣ter (a) 1.827 Ascension-day, when the Parlement was adjourned unto St. Bar∣naby's-day, to be holden at Oxford; but before the Adjournment [ C] upon Ascension-day, or Second of May, the Barons promised [4] 1.828 That if he would reform the state of the Kingdom, according to their Advice, and that the Pope would make the conditions about the affair of Sicily * 1.829 more easy, so as it might be prosecuted with effect, They would then endeavour to procure him a Common Ayd, or Tax for that purpose. And the King agreed, That before Christmass next coming, the State of the Kingdom should be order∣ed by them and the Popes Legate, if in England. And for the per∣formance [ D] of what should be ordained, he put himself under the Popes Power, so as he might compell him to it which way he pleas∣ed by Ecclesiastic Censure, and caused his Son Edward to Swear, That he would observe and keep what he had Granted.

Moreover, he [5] 1.830 Granted at the same time to the Barons, That the State of the Kingdom should be rectified and reformed, by Twelve faithful persons of his Council then chosen, and Twelve others [ E] to be chosen by the Barons, who should meet at Oxford a Month after Whitsunday next coming, as they should think fit, to the Ho∣nour of God, and Profit of the Kingdom. And promised inviolably to observe whatsoever should be ordained by them, 24, or the greatest part of them, under such Security as they should Direct; and caused his Son Edward to Swear, he would inviolably observe the same things; whereupon the Earls and Barons promised to endea∣vour, that the Community of the Kingdom should Grant a Tax to [ F] him.

Page 625

These Twenty Four had [6] 1.831 power to choose four that were to choose the Kings Council, which was to redress and amend all mat∣ters appertaining to the King and his Kingdom, and this Council or the greater part of it was to choose one or more in the place of such as should make Default, &c.

[ A] Barnaby Day approaching, [7] 1.832 the Great Men and Nobles of the Land hastened to the Parlement then to be holden at Oxford, and com∣manded all such as ought them Military Service to accompany them, so prepared, as if they were to defend their Bodies from the attempts of their Enemies; And they did so, (Quod & fecerunt) palliating their coming thus armed, under pretence of going against the Kings Enemies the Welsh. But fearing, as they pretended an Intestine War, and that the King and his Brothers the Poictovins should bring [ B] in Foreign Troops against them, and therefore they caused the [8] 1.833 Ports to be strictly Guarded. The chief Transactions of this Parle∣ment were these following, First the Election of the 24 according to the Kings Grant, who were to amend and reform what they should think amiss in the Kingdom.

The twelve [9] 1.834 chosen by the King were
[ C]
  • The Bishop of London.
  • The Elect of Winchester.
  • Henry Son to the King of Almaign.
  • John Earl of Warren.
  • Guido de Lusignan the Kings half-Brother.
  • William de Valentia the Kings [ D] half-Brother.
  • John Earl of Warwic.
  • ...John Mansel.
  • ...Frier J. de Derlington.
  • The Abbat of Westminster.
  • Henry de Wengham Dean of St. Martins London.
  • The Twelfth not mentioned, Q. [ E] whether not the Arch-Bishop of Canturbury, Peter of Savoy, or James Audley.
The twelve chosen by the Earls and Barons were
  • The Bishop of Worcester.
  • Simon Earl of Leicester.
  • Richard Earl of Glocester.
  • Humfrid Earl of Hereford.
  • Roger Earl of Norfolk and Ma∣reschal.
  • ...Roger Mortimer.
  • ...John Fitz-Jeofry.
  • Hugh Bigod Brother to the Ma∣reschal.
  • ...Richard de Gray.
  • ...William Bardolfe.
  • ...Peter Montfort.
  • ...Hugh D'espenser.
These Twenty Four [1] 1.835 chose Four of their own Number, who named the Kings Council, and were these,
  • The Earl of Warwic.
  • ... [ F] John Mansel.
  • Earl Roger the Mareschal,
  • Hugh Bigod his Brother.

    Page 626

    These Four named the Kings [2] Council, in Number Fifteen, who were these,
    • The Arch-Bishop of Canturbury.
    • The Bishop of Worcester.
    • The Earl of Leicester.
    • The Earl of Glocester.
    • ...Earl Mareschal, Comes Mareschallus.
    • Peter of Savoy Earl of Richmond.
    • The Earl of Albemarle.
    • The Earl of Warwic.
    • The Earl of Hereford.
    • ...John Mansel.
    • ...John Fitz-Geofry.
    • ...Peter Montfort.
    • ...Richard de Gray. [ A]
    • ...Roger Mortimer.
    • James de Aldithlege or Audley.

    The Great men or Twenty Four [3] 1.836 Require the Kings Confirmation of the Charter Granted by King John his Father.

    Secondly, They [4] 1.837 Require such a Justiciary, as would do Justice [ B] to such as suffered wrong as well to the poor as Rich.

    Thirdly, That they should [5] 1.838 choose the Justices, Chancellors, Trea∣surers, and other Officers and Ministers from year to year for ever.

    Fourthly, That [6] 1.839 they themselves or friends should have the Custody of the Kings Castles.

    Fifthly, By [7] 1.840 Edict they made it Capital for any of what degree [ C] or order soever to Refuse to Consent to these things, and against such the Arch-Bishops and Bishops also pronounced Excommunication.

    * 1.841The Twenty Four ordeined there should be three Parlements in a year, and when and how they should be holden, which order I find drawn up in these words,

    Il [8] 1.842 fet a remember Ke les xxiv unt ordene Ke treies Parle∣menz [ D] seint par an, le premerem as utaves de Sein Michel; le second le Demein de la Chandelur, le terz le premer Ior de June, Ceo est a Saver treis semeines devant le Seint John. A ces treis Parlemenz vendrunt les Cunseilers le Rei esuz tut ne scient il paz Mandez purver le Estat del Reaume, & pur treter les communs Bo∣soignes del Reaume, quant Mester Serra per le Mandement le Rei. That is,

    [ E]

    Be it Remembred, That the Twenty Four have ordained there may or shall be three Parlements in a year;* 1.843 The first on the Octaves or eight days after St. Michael; The second on the Morrow after Candle∣mass day; The third on the first day of June, that is to wit, three Weeks before St. John. To these three Parlements shall come all the chosen Counsellors of the King, though they be not * 1.844 sent to, to provide for the State of the Realm, and to Treat of the common Busi∣ness of the Realm, when need shall be, by the command of the King, [ F] or by his Summons.

    Page 627

    The Commons then, or Community,* 1.845 chose twelve persons to Repre∣sent them in these Parlements, &c. to save the Charges of the Com∣munity. The Entry or Record (as I may so call it) of which Electi∣ons was in these words.

    Si fet a [9] 1.846 remembrer Ke le Commun Eslise xii prodes homes Ke [ A] vendrunt as Parlemenz & autre * 1.847 fez Quant Mester Serra, Quant Rei u sun Cunseil les Mandera pur treter de Bosoignes le Rei & del Reaume. E Ke le Commun tendra pur Estable * 1.848 cer Ke ces xii frunt. E ceo serra fet pur Espanier le Cust del Commun, That is,

    Be it remembred, That the Commons or Community have chosen twelve wise men, to come to Parlements, and at other times, when there shall be need, when the King or his Council shall command or [ B] send to them, to treat of the Business of the King and Realm, and that the Commons or Community will hold for established, what the twelve shall do, and this shall be done to spare the cost or charges of the Commons or Community, which twelve prodes o∣mes, provi homines, or viri prudentes, which the Reader pleaseth, were these underwritten, and entred according to this Form.

    Ces sunt les [1] 1.849 Duze Ke sunt Esu par les Baruns a treter a [ C] treis Parlemenz per an, oveke le Cunseil le Rei pur tut le Commun de la tere de Commun Bosoine, That is,

    These are the twelve which are chosen by the Barons, to treat in the three * 1.850 Parlements in a year, with the Kings Council, for all the Commons, or whole Community of the Land, upon Commune Bu∣siness, which twelve here do follow, as in the [2] 1.851 Annals of the Mo∣nasterie of Burton.

    [ D]
    • The Bishop of London.
    • The Earl of Winchester.
    • The Earl of Hereford.
    • ...Philip Basset.
    • ...John de Bailol.
    • ...John de Verdun.
    • ...John de Gray.
    • ...Roger de Sumery.
    • ...Roger de Montalt.
    • ...Hugh D'espenser.
    • ...Thomas de Grestey.
    • ...Aegidius de Argenten.

    [ E] These were all Barons and great Tenents in Capite, not one Commoner, as now reputed, amongst them.* 1.852

    Many other provisions and ordinances were made in this Parlement, about Feudal Tenures, about Custody of Wards, Marriages and Es∣cheates, about Suits to the Kings Courts before Justices Itinerant,* 1.853 County Courts, Hundred Courts, Sheriffs Turns, Writs of Right, Wast of Estates in Custody, Taking of Distresses, &c. all in abatement of the [ F] Rigor of the Feudal Law, and for their own Ease and Benefit, which are to be found in the Annals last cited, f. 428. and most of them in the Close Roll 44. Hen. 3. M. 17. Dors. and in the Patent Roll 47. of the same King M. 14. in Schedula Dors.

    Page 628

    * 1.854All this was done, and Commissions for the Governors of the Kings Castles were issued in eleven days time, as appears by the the Records in the [3] 1.855 Appendix that bear Date June 22d, and are worth noting.

    * 1.856There were also appointed at this meeting by the Community Twenty four persons to treat of an Ayd for the King, which choice is thus to [ A] be found in the same [6] 1.857 Annals, save only the Names of the 24 are rendred in English.

    Ces sunt les vint & quatre, Ke sunt mis per le Commun a Treter de Aid de Rei.
    • The Bishop of Worcester.
    • The Bishop of London.
    • The Bishop of Salisbury.
    • The Earl of Leicester.
    • The Earl of Glocester.
    • The Earl Marescal.
    • Peter of Savoy.
    • The Earl of Hereford.
    • The Earl of Albemarle.
    • The Earl of Winchester.
    • The Earl of Oxford.
    • ...John Fitz-Geofry.
    • ...John de Gray.
    • ...John de Bailol. [ B]
    • ...Roger Mortimer.
    • ...Roger de Montalt.
    • ...Roger de Sumery.
    • ...Peter Montfort.
    • ...Thomas de Greley.
    • ...Fulco de Kerdiston.
    • ...Aegidius de Argenton.
    • ...John Kyriel. [ C]
    • ...Philip Basset.
    • ...Aegidius de Erdington.

    All Barons or Knights and great Tenents in Capite, not one such Commoner, as in these times amongst them.

    But instead of Granting or providing an Ayd for the King, when their own Turn was served, The Barons [7] 1.858 Quarrelled with him about his four half Brothers, Ademar or Athelmar Elect of Winche∣ster, [ D] Guy de Lezignan, Geofry de Lezignan, and William de Va∣lentia, his Son Edward, John Earl of Warren, and Henry his Nephew Son to the King of Almaign, who Boggled at, and Re∣fused at that time to Swear and give their Consent to the provisions, and fell into great Heats against the Poictovins and other Strangers; Insomuch as they forced the Kings Brothers from Oxford, who (as Mat. Westminster [8] 1.859 says) in the beginning Re∣sisted the Rebellious Faction. The Barons no sooner heard of their [ E] Flight, but they chose Hugh Bigod their Justiciary, and Summo∣ned all their Followers to attend them, and with Horse and Arms to persue them, which was done so Swiftly, and by such numbers, as the Parlement was thereby dispersed and broken up, and never left persuing and menacing of them, until they quitted the Kingdom, who for their security in their passage beyond Sea, obteined the Kings [9] 1.860 safe Conduct, (which bears Date July 5th) and had Humfry de Bohun Earl of Hereford and Essex, John Earl Warren, William de [ F] Fortibus Earl of Albemarle, and other Nobles assigned to Guard them.

    The Oath of Confederacy or Association, which the Community of England entred into at this meeting at Oxford, we find transmit∣ted to posterity in the same [1] 1.861 Annals, with this Title, and in this Form,

    Page 629

    Ceo jura Commun de Engleterre a Oxford.

    Nus tels et tels fesum a saver a tute genz,* 2.1 Ke nus avum Iure sur Seintes Evangeles, e sumus tenu ensemble par tel serment, e promettuns en bone fei, Ke chescun de nus e tuz ensemble nus Entre Eiderums, e nus, e les nos Cuntre tute genz, Dreit fe∣sant [ A] e rens pernant, Ke nus ne purrum sanz Mesfere, Salve a * 2.2 fei le Rei, e de le Corune. E premetuns sur meime le serment, Ke Nus de Nus ren ne prendre de Tere, ne de Moeble par Que cest serment purra estre Desturbe, u en Nule ren Empyre. E si nul fet en Cuntre ceo, nus le tendrums a Enemie Mortel.

    This the Community of England did swear at Oxford.

    [ B] We Such and Such, make it known to all People, That we have Sworn upon the Holy Gospels, and that we are obliged, or bound to∣gether by that Oath, and we promise in Good Faith, That every one of us, and all together shall Ayd one another; And that we will do Right to our Selves and Ours against all Men, taking nothing therefore, which cannot be done without Misdoing, Saving the Faith we owe to the King and the Crown. And we promise upon the same [ C] Oath, That we will not take any thing from one another, either Land or Moveable (i. e. Goods) whereby this Oath may be disturbed, or any ways impaired. And if any Man shall do contrary hereunto, we will hold him for our Mortal Enemy.

    In the same place is to be found the Oath of the Twenty four.

    Ceo est le Serment a Vint e Quatre.

    [ D]

    Chescun jura sur seintes Evangeles, Ke il al honur de Deu,* 3.1 e al a fei le Rei e al profit del Reaume, Ordenera e tretera Ovekes les avant dit jures sur le Refurmement e le amendment del Estar del Reaume. E Ke ne lerra pur dun, ne pur premesse, pur amur, ne pur hange, ne pur pour de nulli, ne pur Gain, ne pur perce, Ke leaument ne face solum la tenur de la Letire Ke le Rei ad sur ceo Done e sun * 3.2 fez ensement. That is,

    [ E]

    This is the Oath of the Twenty four.

    Every one Swear upon the Holy Gospels, That to the Honor of God, and by keeping their Faith to the King, and to the profit of the Realm, He would Ordain and Treat with those that had Sworn be∣fore (That is, the Comunity▪) about the Reformation and Amendment of the State of the Kingdom. And that he would not desist from that [ F] Work, for any Gift, Promise, Love, or Hate, nor for the Power of any Man; nor for Gain, or Loss; but that he would Loyally (that is faithfully or justly) do according to the Tenor of the Kings * 3.3 Letter, which he had granted, and also made.

    Page 630

    There also is to be found the Oath, at that time, Given to the Chief Justice of England.

    Ceo Jura Le haute Justice de Engleterre.

    I Iure Ke ben et leaument a sun poer fra ceo Ke apent a la Iustierie de Dreiture tenir a tute genz al prou le Rei e del Reaume [ A] solum le purveyance fete et a fere par les vint et Quatre, et par le Cunseil le Rei e les Hauz Humes de la tere, Ke li Iurrunt en cestes choses a aider e a Menteinir, That is,

    This the High Justice of England did, or shall Swear.

    * 4.1He Swears, or Swore, That Well and Loyally to his Power, he would do what apperteined to his Office of Justice, and do Right to all [ B] Men. To the advantage and good of the King and Kingdom, accord∣ing to the Provisions made, and to be made by the Twenty four, and by the Council of the King, and the Great Men of the Land, who had sworn to Ayd and Maintain him in these things.

    With these is to be found the Oath of the Chancellor of England.

    Ceo Iura le Chanceler de Engleterre.

    Ke il ne Enselera nul bref fors Bref de Curs sanz le Mande∣ment, [ C] le Rei et de sun Cunseil Ke serra present. Ne Enseler Dun de grant Garde ne de Grant * 5.1 ...... ne de Eschaetes sanz le as∣sentement del Grant Cunseil u de la greinure partie. Ne Ke il ne enselera ren Ke seit en Contre le Ordinement Ke est fet, et ser∣ra a fere par les Vint et Quatre u par la greinure party. Ne Ke il ne prendra nul Loer autrement Ke il nest divise as autres. E lem li baudra un Companiun en la furme Ke la Cunseil pur∣verra. That is, [ D]

    This the Chancellor of England did Swear.

    That he should Seal no Writs without the Command of the King and his Council, that shall be presentt, except Writs of * 5.2 Course, nor should Seal the Gift or Grant of a Great Ward, or Great ...... or of Escheats without the assent of the Great Council, or the greater part of them. Nor that he should Seal any thing which was contrary to the [ E] Ordinances then made, or to be made by the Twenty four, or the greater part of them. Nor that he should take any Reward, but what had been given to others. And that if he took to him an assistant or Deputy, it should be according to a form provided by the Council.

    When by their Ordinances, and having procured their Friends to be made Governors of all the Kings Castles and Places of strength, [ F] in the Nation, and having also provided themselves of a Justiciary, and Chancellor for their purpose, and bound them by Oath to act according to their Dictates, They then (if any credit may by gi∣ven to [2] 5.3 Math. Westminster) held continual Parlements, took to themselves the Escheats and Wards, and gave to their Sons and Relations all Churches in the Patronage of the King.

    Page 631

    And when they had driven the Kings Brothers out of the King∣dom, the Baronage, or [3] 5.4 Comunity of England, sent Letters to the Pope to excuse themselves, which were [4] 5.5 to this effect. That altho' he had lately sent Mr. Herlot, or Arlot his Sub-Deacon and Notary, who admonished, and induced them to assist the King in the prosecution of the Affair of Sicily, which he had underta∣ken [ A] without their Advice and Consent, and against their Wills. Yet, out of Reverence to him and the Holy See, they thought fit to Answer, That if by their Advice he would Reform the King∣dom, and he would mitigate the Conditions contained in his Bull, of the Grant of Sicily; Then according to the Terms of the Reforma∣tion, and his Mitigation, they would effectually help him. But when the King had consented to choose Twelve, and that they should choose Twelve others, by whom the Reformation of the Na∣tion [ B] was to be made; He named Adomar the Elect of Winchester, and his Brothers, in the number of his Twelve; And that they, but more especially the Elect, disswaded the King from consenting to their Ordinances, and incouraged Prince Edward, and some of the Nobility to oppose them, so as they delayed the Reformation. And they also signified to the Pope, That their Offences were so great, as the Cry of the Poor ascended to Heaven against them, That their Ministers and Officers were rather to be called Thieves and Ruf∣fians, [ C] who preyed upon the Poor, insnared the Simple, moved the Wicked, oppressed the Innocent, triumphed in the worst Actions, and rejoyced when they had done ill; They therefore considering, A Commonwealth was a certain Body that grew up by Divine Benefi∣cence, and that it was not Expedient, there should be clashing amongst the Members of the same Body, made the King call the said Elect and his Brothers, as Perturbers of the publick Peace, to An∣swer their Accusers according to the Laws and Customs of the King∣dom. [ D] Yet so, as if they desired it, they might have leave to de∣part, who rather than they would stand to, or undergo the rigor of Justice, went out of the Nation; And they Declare their inten∣tion to hinder the Elect from returning again, who they said, was the chief cause of their Disturbance, and would certainly undo, what they had had taken so much pains to do, by Infatuating the King and his Son Edward if he came again. And at length, heaping more Crimes upon him, As that he damnably violated the Liberties of the [ E] Church, imprisoned Men, and wounded Clercs, to the prejudice of the Crown, which had the sole power of imprisoning; They be∣seech his Holiness wholly to remove him from the Administration of the Church of Winchester, by the Fulness of his Power (he ha∣ving received it by the Munificence of the Apostolic See) lest worse things might happen, and they his most Devoted Supplicants be forced to do it otherwise; and told him for certain, That though the King and greater Men of the Kingdom, were willing he should [ F] return, yet the Comunity would in no wise permit his Entrance: And that he might be removed without scandal, seeing he was not Consecrated Bishop.

    To these Letters Eleven Persons put to their Seals, and witnessed them on behalf, and in the stead of the whole Comunity.* 5.6

    Page 632

    Of these Eleven, Eight were of the number of the Twenty four Reformers, viz.

    • Richard of Clare Earl of Glocester and Hertford.
    • Simon Montfort Earl of Leicester.
    • Roger Bigod Marescal of England.
    • Humfry Bohun Earl of Hereford and Essex.
    • John de Placeto Earl of Warwick.
    • Hugh Bigod Justiciary of England.
    • ...John Fitz-Geofry. [ A]
    • ...Peter Montfort.

    The other Three were of the Number of the Fifteen of the Kings Council, chosen by Four of the Twenty four, viz.

    • William de Fortibus Earl of Albemarl.
    • Peter of Savoy Earl of Rchmond. [ B]
    • James Aldithley, or Audeley.

    The Great Men [5] 5.7 fearing lest the Elect of Winchester should make haste to Rome, and by the promise of a great sum of Mo∣ney to the Pope and Cardinals, procure his Consecration, That so he might more effectually hurt them; sent Four Skilful, Eloquent Knights, Men of Worth and Credit, to present this Epistle to the Pope, and whole Roman Court; with further instructions, to Ca∣lumniate [ C] the Kings Brothers. Who when they had fully Declared the cause of their Errand to the Pope, they added other Offences, and great Wickednesses the Elect and the others had committed, That is to say,* 5.8 Homicide, or Murther, Rapine, Oppressions, and In∣juries; and that the King would not restrain their violence. Nor did they omit to tell the Pope of one great injury they did to Mr. Eustace of Len, the Arch-Bishop of Canturbury's Official, for which all present, when it was done, were Excommunicated, through all [ D] the Province of Canturbury, and at Oxford before the * 5.9 Ʋniver∣sity; and they further told the Pope, That one of the Brothers, Geofry of Lesignan, Roasted the Kings Cook, and Tortured him to death, with studied Torments.

    After these things [6] 5.10 on the Feast of St. Mary Magdalen (that is July 22.) they sent their Agent to London, who in full meeting of the Citizens in the Guild-Hall, Demanded of them, Whether [ E] they would immutably adhere unto, and faithfully obey the Statutes of the Barons,* 5.11 and Manfully resist such as should oppose them, and likewise give them effectual assistance; Whereunto they freely consented, and bound themselves, by a Chart Sealed with the Com∣mon Seal of the City.

    About the [7] 5.12 Feast of the Assumption of the Glorious Virgin (That is August 15.) Herlot, the Popes Clerc, Special Counsellor, and [ F] Notary, when he saw the Broils and Disturbances in the Nation, privately and prudently withdrew himself, while the Storm should be over.

    Page 633

    It had been [8] 5.13 agreed in this Parlement held at Oxford, That all Ex∣cesses, Transgressions, and Injuries done or committed, as well by Justices, Sheriffs, Bayliffs, and other persons in the Kingdom, should be inquired into by four Knights in every County by Jury or Ju∣ries to be summoned by the Sheriffs to come before them. And the Inquisitions so made were to be Sealed with their own Seals, and [ A] the Seals of the Jurors, and to be delivered in their own proper per∣sons at Westminster to the Kings Council there, eight days after Michaelmass. And [9] 5.14 Writs were issued to Four Knights in eve∣ry County to that purpose, Dated on the 4th of August, who made their Inquisitions and Returns accordingly: But what was done up∣on the Return of these Writs and Inquisitions I find not.

    But do find, That by the Kings [1] 5.15Writs the four Knights of every [ B] County, had their expences allowed them by the Counties for coming to Westminster, Returning home, and attendance upon the Kings Council or Parlement.

    About the beginning of November this year, the King received the [2] 5.16 News that Manfred, Son of the Emperor Frederic, was by the Bishops and Great Men, contrary to the Popes mind, Chosen, and Crowned King of Apulia, who made Arch-Bishops, and Bishops [ C] without the Popes consent; and they contemning his Prohibition, gave to the King all due Reverence and Obedience. The Great Men also, not taking notice of Edmund the Kings Son (to whom the Pope had given that Kingdom) did their Homage and Fealty to Manfred, and gave him Seisin or Possession of the Cities and Castles.

    In the year 1259. the [3] 5.17 Nobles were in London at Christmass [ D] with the King, where they Treated amongst themselves with great trouble, and doubting, how they might carry on their design, and satisfy the Request of Richard King of Almaign, [4] 5.18 who had gi∣ven them notice, he very much desired to return into England to visit his Friends, and look after his own Affairs. They suspected his coming might be [5] 5.19 to pour out his Indignation and Revenge upon the Barons, for their behaviour towards his Father King John, his Brother King Henry, and his Half Brothers; they were afraid [ E] he might divide them, and bring off many to follow him, and break their purposes.

    About the [6] 5.20 Feast of St. Hilary (that is January 13.) they again entred into a common and solemn Deliberation and Debate, concerning his coming into England, and sent the Bishop of Wor∣cester, the Abbat of St. Edmunds-Bury, Peter of Savoy▪ and John Mansel to him, That he might certify them of the cause of his so [ F] sudden and unexpected coming into England, and how long he would stay there, and to acquaint him he must take an [7] 5.21 Oath to go along with, and assist the Barons, in compleating and esta∣blishing their Provisions and Reformation. He came toward the Sea-coast with a good Guard of Horse, well armed, and carried him∣self very loftily towards these Messengers, and sware by the Throat of God, he would not take the Oath they required of him, nor

    Page 634

    would he tell them how long he intended to stay in England,* 5.22 and told them the Nobles of England ought not to Reform the King∣dom without him, or presumptuously to go about such a difficult Business without his Presence and Assent.

    The Barons hearing [8] 5.23 this, fitted out Ships and Galleys to Fight with him, and impead his Landing, and raised an Army of Horse and Foot to oppose him after it; of which when he had cer∣tain [ A] notice he became more calm, and by perswasion of his Friends, promised by his Chart, to take such an Oath as the Barons exact∣ed; On the 27th of January, he with his Queen landed at Dover, but was not permitted to go into the Castle. [9] 5.24 On the next day King Henry met him at Canturbury, and both Kings went into the Chapter-house there, where Richard Earl of Glocester calld upon Richard Earl of Cornwal to take the Oath, which was in these words, [ B]

    Hear ye [1] 5.25 all People, That I Richard Earl of Cornwal do here Swear upon the Holy Gospels, That I will be faithful and diligent to reform the Kingdom of England with you, hitherto too much deform∣ed by the Counsel of Evil Men (Hactenus nimis malorum Consilio de∣formatum): And I will be your effectual Helper to Expel the Rebels and Disturbers of the same Kingdom; And will observe this Oath inviola∣bly, under pain of losing all the Lands I have in England. [ C]

    Eight days after [2] 5.26 Candlemass the Noblemen met at London, as they had agreed before at Oxford. About the beginning of No∣vember [3] 5.27 The Earl of Leicester, with the Bishops of Worcester and Lincoln, and Roger Earl Mareschal, were sent by advice of the Baronage to meet the Kings of France and Almaign at Cam∣bray; The two Kings came not, and so the other three returned [ D] home, and left the Earl of Leicester behind, who went into France, and having been long [4] 5.28 expected by the Barons, appeared in this Council, and brought with him the Dean of Bourges, one of the King of France his Privy Council, where there was an earnest Debate of the Matters between the two Kings of England and France, and what had been Treated of was approved of, and a Peace concluded on Valentines-Day, if both parties would consent to what their Agents had agreed and Determined.

    [ E]

    In the [5] 5.29 beginning of April, by the Command and Advice of the King and whole Baronage, the Earls of Clare and Leycester, John Mansel, Peter of Savoy, and Robert Walerand were sent to the King of France, and his Great Parlement holden at that time, and carried with them King Henry's Chart of the Resignati∣on of Normandy, with Letters of Credit, to put an end to all dif∣ferences that were, and had been a long time depending between the two Kings; and also to Confirm and Establish what had been [ F] lately agreed by their Agents. But because these Envoyes were * 5.30 dis∣persed (Sed quia ob eorundem Nunciorum dispersionem, Quid super hoc actum est, &c▪) What was done in this Matter, was not certainly known, or made publick. When * 5.31 all things were agreed, the Countess of Leicester would not Resign some Rights she pretended

    Page 635

    to in Normandy; whereupon there arose a great Quarrel between the two Earls, which with much difficulty was taken up by the Me∣diation of Friends.

    This year [6] 5.32 Lewelin Son of Griffin in a hostile manner inva∣ded the Kings, his Son Edwards, and other his Subjects Lands, and for that the Truce between them was to determine on [ A] the 8th of August, by Advice of the Great Men of his Council, he summoned all that held of him in Capite, to be at Shrewsbury and Chester with their Service, upon the First of that Month.

    Adomar, the Elect of Winchester, had prevailed with the [7] 5.33 Pope, to send Velastus his Penitentiary and Chaplain, by Advice of his Cardinals, with his Letters directed to the King and Barons, to intercede with them for his admission into England, and injoyment [ B] of the Bishopric of Winchester. The Answer of the King and Ba∣rons to this Letter and Mediation, was a flat denial, but modestly drawn up, as 'tis to be found in my Answer to Mr. Petit's Rights of the Commons, &c. f. 83.

    It is Reported [8] 5.34 by the continuer of Mat. Paris, That King Henry, upon pretence that Rollo Duke of Normandy, obtained that portion of France by Force, and Extortion, when the King of [ C] France was unable to assert his Right, having neither Money or Army to defend it. Therefore says he, the King of England resign∣ed the Dukedom of Normandy and Earldom of Anjou, upon pay∣ment of 300000 pounds of Turon Money, for which he promised him the Restitution of 20000 pound yearly Rent in Gascoigne; and from thence-forward he left out of his Style, the Title of Duke of Normandy, and Earl of Anjou.

    [ D] In the absence [9] 5.35 of Aethelmar, or Adomar, Elect of Win∣chester, the Monks chose Henry de Wengham, then Chancellor, to be their Bishop; the King consented, saving the Right of Adomar, if he could obtain Consecration to that Bishoprick from the Pope; He refused it because the Title was Litigious, and excused himself; That he was not fit for such a Dignity, or the Cure of Souls, having read little Divinity, or studied the Scriptures as he ought. Yet Fulke Bishop of London dying about that time, he accepted that [ E] Bishoprick, notwithstanding his insufficiency, and procured the Kings [1] 5.36 Letters Patents, by Advice of his Council (he being one of the 24) to hold and retain all his former Ecclesiastical Dignities and Benefices, whereof the King was Patron, together with his Bishoprick, for so long time as the Pope should please to give him a Dispensation.

    Notwithstanding Athelmar was forced to quit the Kingdom; The King while he was beyond Sea, judged the Bishoprick void, [ F] seized the Temperalties and Stock thereof, [2] 5.37 and Granted 5000 Sheep, 200 Cows, and 10 Bulls to this Bishop of London Elect, to stock that Bishoprick, warranting them against the Bishops of Win∣chester, Provided always, That if Adomar should recover Possessi∣on of his Bishoprick, they should be restored to him.

    Page 636

    In the year 1260. King [3.] 5.38 Henry was at London with a mul∣titude of Strangers, Says the Continuer of Mat. Paris; But that could not be, for by the close Rolls of this year, M. 5. Dors. it ap∣pears he was in France at Paris Treating of Peace, &c. with that King, the 19th, and 28th of December, at Paris, and 17th of Ja∣nuary at St. Denis; and was there, and in Flanders a great part of this year, as is clear from the Patent, and close Rolls, being da∣ted [ A] at several Towns in those Countreys where the King then was.

    This year Dyed [4] 5.39 Pope Alexander the 4th, to whom Urban the 4th succeeded, and was Consecrated the fourth of September.

    In the Kings absence the Great [5] 5.40 men Commanded all the Reli∣gious, who farmed the Revenues of the Churches possessed by the [ B] Italians, not to answer any of the Rent to them, but to pay it at a time and place appointed to such as should be assigned by the Barons to receive it, which if they refused to do, they threatned to burn their Houses and Goods, and to inflict the same punishment upon their persons, which was prepared for the Romans. [6] 5.41 They like∣wise commanded the Bishops, not to interpose or concern themselves, for any of the Romans or their Revenues upon like penalty. By this Provision or Decree of the Barons (saith the Monk) England for [ C] almost three years was freed from Exactors, until Simon Montfort was slain, (Et Martyrio, ut Creditur, Coronatus) and as it was be∣lieved, Crowned with Martyrdom.

    In the year 1261. King Henry was at [7] 5.42 Christmass in the Tower at London with his Queen, who after he had broke his promise made to the Great Men, was constreined to retire thither to secure himself. He commanded the look of the Treasure which had a long time been [ D] kept there, to be forced, and employed it to repair and strengthen the Tower, where it was thought most fit and convenient. Moreover he ordered the City of London to be fortified round about, and called all the [8] 5.43 Citizens from twelve years old and upwards together, and caused them to Swear fealty to him, and commanded it to be Pro∣claimed, that whoever would take Arms under him should be main∣tained at his own charge; upon this many Barons from all parts, came with many Armed men, who were lodged without the Walls, because the Citizens refused to give them any entertainment. [ E]

    Those which had no kindness for the King, raised reports [9] 5.44 That he would impose upon, and exact from the Great Men and Communi∣ty of the Kingdom, undue and unheard of Taxes and Talliages to make discord between him and them. He therefore Commanded the Sheriffs of every County to make Proclamation he intended no such thing, and if they found any such reporters of Lyes, to Arrest and keep them until they could produce the Authors, or that they received [ F] further Directions from him.

    About this time the King received from the Pope [1] 5.45 Letters of Ab∣solution of himself and his Son Prince Edward from their Oaths, which the Prince refused to accept, but the King received it. When the

    Page 637

    Great Men had notice thereof, they sent Messengers to the King humbly beseeching him to observe inviolably the Oath he had made, and if any thing displeased him, and he would shew it, they would amend it. To which the King with great passion replyed, That they had faln from their Agreement, and he would be obliged no longer, but left every one to provide for himself. At length through powerful mediation, it was agreed that two men should be chosen, one by the [ A] King the other by the Barons, who should make choice of a Third, and these three were to hear Complaints on both sides, and settle a lasting Peace. But nothing in this Affair was determined, because Prince Edward was beyond Sea, therefore it was adjourned till his return.

    Prince [2] 5.46 Edward having notice that the Establishment of a firm Peace between the King and the Barons depended upon his return, he [ B] forthwith came into England, and brought with him William of Valence lately forced out of the Kingdom, who could not obtein entrance into it again, until he had Sworn he would be obedient to the Provisions of the Barons, and answer such complaints as should be made against him. And when he understood by what Counsels his Father was Governed, he was very angry and retired from his presence, and adhered to the Barons according to his Oath, and en∣tred into a Confederacy with them, to search out and drive away [ C] from the King all evil Counsellos and their favorers (Quod malos Consiliarios & eorum fautores adquire••••nt & a Rege pro viribus elong a∣rent. When this came to the Kings knowledge, He and his Coun∣sellors secured themselves forthwith in the Tower of London and Prince Edward remained with the Great Men.

    The Disturbers of the quiet of the Nation [3] 5.47 endeavored by false and Crafty Suggestions to lessen the affections of the People towards [ D] the King, and withdraw their hearts from him, raising reports that he would destroy the just Antient Customes of the Nation, and the Rights of the People, and oppress them with grievous exactions, that he would call in Strangers into the Kingdom and depress his own people. And all these false reports were eaised, because he provided for his own Safety, the Security of the Nation, the maintaining of the Laws and the Rights of his ubjects, by removing of Sheriffs and Governers of Castles, and appointing others that were more able to [ E] protect the people from the violence of Oppressors. And to secure his good Subjects from the jealousies and fears, That he would not do, nor intended o any such thing, he gave them his Letters Patents.

    The Bishop of Worcester, the Earls of Leicester and Glocester, and other Great men had caused [4] 5.48 three Knights of every County to be Summoned to meet them at St. Albans on the Feast of St. Mathew the Apostle (that is the 21 of September) to treat with them about [ F] the common business of the Kingdom. But seeing the King had ap∣pointed the Great men to meet him that day at Windsor, to treat of an accommodation between him and them, he commanded all Sheriffs to enjoyn them to come to Windsor, and prohibit them from going to any other place, that they might understand and see, he should propound nothing but what was for the Honor and Ad∣vantage of the Kingdom.

    Page 638

    In the year 1262. King Henry * 5.49 was with his Queen and Coun∣sellors at Christmass in the Tower at London, who were forced to take that place for refuge, and to continue there to secure them∣selves from violence. But at length by the Mediation of the Queen, the breach between the King and the Great Men was made up, and Terms of reconciliation accepted on both sides. After that, the King departed from the Tower, and left the keeping thereof to [ A] John Mansel, and from thence he went to Dover Castle, which was yeilded without any resistance, and Robert Walerand was by the King made Governor of it; from thence he came to Rochester Castle and some others; and to whatever place the King sent, an easie access and entrance was granted according to his own wishes.

    The King to gain an Ayd from his Nobility in Parlement, and en∣gage them in the Affairs of Sicily (though deceived in both) did [ B] not only confirm their Ordinances made at Oxford, but craved [6] 5.50 the Popes Confirmation of them, as very beneficial to him and his Heirs.

    But when those hopes were blasted, [7] 5.51 he sent to Pope Vhan the 4th to Absolve him from his Oath taken to observe those provi∣sions, as prejudicial to the Rights and Prerogatives of his Crown, from which Pope Alexander his Predecessor had Absolved him, but Dyed [ C] before his Absolution was compleated. He also wrote to him not to confirm the Barons Statutes, if pressed to it, revoking the Commission of his former Procters sent to Rome when the Seal was out of his power, (which he did not approve) who acted rather against, than for him.

    Now the King thinking himself secure on every side [8] 5.52 resolved to take the advantage of the Popes Absolution, and went to several [ D] Cities and Castles, and took possession of them and the Government of the Kingdom, encouraged to this by the promise of assistance he received from the King of France and his Great men. Afterwards the King came to Winchester, and removed from their Offices the Justiciary and Chancellor, that were appointed by the Baronage, and constituted * 5.53 others in their places according to his own pleasure, and sent his [9] 5.54 Writ to all the Sheriffs of England, wherein he re∣lates his own Submission and the Affairs of his Realm to the Provisi∣ons [ E] at Oxford, under certain conditions which the Barons perfor∣med not; the injustice of their Ordinances to the prejudice and de∣pression of his Royal power and Dmage of his People; his Abso∣lution from his Oath to observe them both by Pope Alexander and Vrban his Successor: His readiness to do justice to all men Great and Small in his Courts, to which they might freely resort with security, and to observe the Articles conteined in the great Charter and Char∣ter of the Forest, which they were commanded to proclaim in all [ F] places, and to apprehend and secure all such as adhered to the former Ordinances, or presumed to speak or act any thing prejudicial to the Rights of his Crown, Honor, or Dignity, or to his Execution of his Office. Upon this the [1] 5.55 Barons came Armed to Winchester, and John Mansel went privately to the King, and acquainted

    Page 639

    him with the danger he was in,* 5.56 and constrained him to hasten his re∣turn to the Tower of London.

    In the year 1263 at Christmass [1] 5.57 the King, Queen and Council were in the Tower of London, at which time both the English and French Bishops took great pains to make peace between the King and Barons, and at length Both sides referred their Differences about the * 5.58 Oxford [ A] provisions to the King of France, who calling together his Bishops, Earls and great men at Amiens on the 22d of January, in that Assembly pronounced sentence for the King of England against the Barons, and Nulled those provisions; But by Evacuating of them, he did not intend altogether to abrogate King Johns Charter. Upon which Exception S. Montfort, and others, took advantage, and said, The provisions were founded upon that Charter, and therefore would not submit to the King of France his Sentence.

    [ B]

    This Parlement of the King of France (as the Monk calls it) being Dissolved, the [2] 5.59 King of England and his Queen, the Arch-bishop of Canterbury, the Bishop of Hereford, and John Mansel, who were all there returned home. And from that time [3] 5.60 Henry Son to the King of Almain, Roger de Clifford, Roger de Leybourn, John de Vallibus or Vaus, Hamo L'estrange, and many other Barons left Montfort, and Roger Mortimer wasted his Lands and Estates. But he confede∣rating [ C] with Leolin Prince of Wales, the Kings great Enemy, sent an Army thither, that invaded, destroyed and burnt the Estate and Lands of Roger.

    In the mean while the [4] 5.61 Barons in other parts of the Kingdom by advice, and under the conduct of the Earl of Leycester, Resolving to make good the Oxford provisions, armed themselves,* 5.62 and on a sud∣den, when they thought not of it, fell upon the Strangers, the Kings [ D] Counsellors, and all they knew adhered to him, and in an Hostile man∣ner seised upon their Estates, Places of Strength, Castles, Towns and Goods; [5] 5.63 Montfort with his Army took in Glocester, Worcester, Bridgnorth and Shrewsbury; Prince Edward and the Noble men that were of the Kings party took in the Castles of Haye, Huntington, Brecknoc, &c. and on both sides they wasted, burnt and destroyed their Lands and Estates.

    [ E] The Londoners also [6] 5.64 going out of their City in great numbers, wasted and burnt the farms and possessions of the King of Almain, Phi∣lip Basset, and many others, that were of the Kings party, and impri∣soned the Kings Clercs, the Barons of the Exchequer, and Justices of the Bench.

    The King was at this time in the [7] 5.65 Tower of London with his Queen, and John Mansel, one of his chief Counsellors, who fled from [ F] thence, fearing the Rage of the Barons, and when he was gone, the King fearing he should be besieged by their Army against all the power and perswasion of the Queen, by the mediation of some Honourable persons made peace with them, the Articles whereof were these:

    Page 640

    First, That [8] 5.66 Henry, Son of the King of Almain, should have his Liberty.

    Secondly, That the Kings Castle should be put into the Hands of the Barons.

    Thirdly, That the Statutes and Provisions made at Oxford should [ A] be inviolably observed, as well by the King as others.

    Fourthly, That all strangers, except such as the Well-Affected should think fit to stay, should presently avoid the Nation never to return again.

    * 5.67But this peace did not hold long, for the Soldiers that were within Windsor Castle [9] 5.68 furnished it with Arms and Victuals, which raised [ B] great suspition in the Barons; and it added much to it, that when Prince Edward, had desired of the Bishop of Worcester, who was of the Ba∣rons party to conduct him from Bristol to his fathers Court, when he came near Windsor, he left the Bishop and went into the Castle, which he took very ill; [1] 5.69 and Simon Montfort coming to besiege it, Prince Edward met him at Kingston, and offered a Treaty of Peace. But by advice of the Bishop, Simon kept him prisoner until the Ca∣stle was delivered to him, upon condition, that such as were in it [ C] might go whether they would, and the strangers, and such others that had a mind to go beyond sea, should have Pass-ports.

    On the 20th day of [2] 5.70 March the King was at Oxford, and im∣powered the Bishop of Coventry, and Nicholas Archdeacon of Nor∣folk, on the behalf of him and the Barons with him, to treat with Simon Montfort, and the Barons with him, at Brackly, before John de Valencinis, about establishing a firm Peace; but whether they ever [ D] treated, or what was the effect of the Treaty, I find not.

    To the King at [3] 5.71 Oxford came his son Edward, where they united their forces, and marched toward Northampton, where then were a Considerable part of the Barons forces. They made a Breach in the Town Wall and took it by assault upon the Sunday before Palm Sunday, in it he took fifteen Bannerets, (Milites vexilliferos) or as [4] 5.72 Mat. of Westminster (Barones vexilliferos) besides forty Ordinary [ E] Knights which were imprisoned in several Castles, and their names are to be found in Paris.

    From hence the King [5] 5.73 marched to Notingham, increased his Army, and laid waste the Lands of his Enemies. The Earl of Ley∣cester marched toward London, with design to go and besiege Roche∣ster Castle, which John de Warenna defended: It was in some di∣stress, but the King came very opportunely to the relief of it. Mont∣fort [ F] left Forces sufficient to keep in those within the Castle, and ad∣vanced toward the King, who left London, and marched toward King∣ston Castle, which belonged to the Earl of Glocester, and took it; and from thence went to Rochester, and killed many of those Simon Montfort had left there, and caused the rest to flee. From thence he marched to Tonebridge and took in that Castle, and from thence to

    Page 641

    Pevensey, where he received into favour the Barons and Officers of the Five ports. (Ʋbi portuenses ad pacem receipt) And from thence pro∣ceeded to Lewes, where he was received in the Priory, and his Son in the Castle, where the Barons wrote to him:

    Professing [6] 5.74 to observe their oath and fidelity to him, and desiring that he would not believe the lies many about him told of them; af∣firming [ A] they put themselves into Arms, not only against their own, but his Enemies, and the Enemies of the whole Kingdom. Sealed by the Earls of Leycester and Glocester, at the Request of the others of the Faction.

    To which the King returned, [7] 5.75 That they were the cause of all the War, Destruction, Rapine and Misery that had befaln the Nation. That their Intentions were not according to their Profession, nor their [ B] Actions according to their Pretences, and therefore defied them. This Answer was dated at Lewes, May 12th 48 of Hen. 3d 1264.

    In like manner [8] 5.76 Richard King of Romans, Prince Edward and all the Barons and Knights that adhered to the King, charged them with lies, and defied them; but withal, provoked them to stand to the Judgment of the Kings Court, to which they were ready to submit and make their Innocence appear. These Letters were dated the [ C] same day.

    After this the Barons sent Henry Bishop of London, and Walter Bishop of Worcester, their [9] 5.77 Mediators, for peace to the King, and offered for damages done by them through the Kingdom 30000 l. so that the Statutes of Oxford might stand good.

    The King not accepting their offer, they March towards Lewes,* 5.78 [ D] where he then was, who hearing of their coming, advanced toward them: [1] 5.79 The Battel being joyned, Prince Edward ingaged the Londoners, and beating them made too great a pursuit, so that before his Return, the other part of the Kings Army was Routed, and his Fa∣ther having his Horse [2] 5.80 killed under him, was, with Richard King of Almain, taken prisoners, and many other Barons, and many slain. But still the Castle of Lewes making a stout defence against the Ba∣rons, at which the Prince took Courage, and rallied [3] 5.81 his Forces, [ E] with design to try the fortune of another Battel, which Montfort and his Confederates perceiving, sent Messengers for Peace, promising the next day they would effectually treat of it, which was done by the [4] 5.82 Mediation and Intercourse of Friers Minors, between both par∣ties, and the Issue was this; That they should apply themselves to the King of France, and procure him to choose three Prelates, and three Noblemen of France: which six should nominate two French men, who coming into England should choose a third person an Englishman: [ F] which three should determine all Controversies between the King▪ and Barons, and order all things concerning the State of the Kingdom, and for the [5] 5.83 performance of this, they were to take their Corporal Oaths on both sides, and an Instrument was so to be made of it, sealed with the Kings Seal, and the Seals of others, and that the Eldest Sons of both Kings should be delivered Hostages for the Security of this Agreement, which was called the Mise of Lewes. And so the King

    Page 642

    committed himself to his Enemies,* 5.84 and they carried him to Canter∣bury, and sent the Hostages, Prince Edward, and Henry Son to the King of Almain, to Dover Castle, and so came to London, and sent Richard King of Almain to the Tower; and their other Prisoners taken in that Battel, to several Castles to be imprisoned: * 5.85 And then plundered and spoiled all those that faithfully adhered to the King, or [ A] that at any time had served him, as well Clercs, as Laics, of all their moveable Goods.

    This Battel was [6] 5.86 fought, May the 14th; and on the 17th of the same Month, the King sent his [7] 5.87 Writ to Drogo de Barentin, Con∣stable of the Castle of Windsor, to Release Simon Montfort, Son to the Earl of Leicester, and Peter Montfort Senior, according to the Agreement made between him and the Barons, who had been taken at [ B] Northampton, and Committed to him by his Son Edward.

    After the same manner he wrote to William la Zouthe, to deliver Peter Montfort the younger; and to Iames Aud heey, or Audley, to deliver Robert Montfort his Brother, both Sons of Peter Montfort.

    On the 28th of May, [8] 5.88 Henry Montfort, Eldest Son to the Earl [ C] of Leicester, was made, by the Kings Commission, Constable of Do∣ver Castle, Warden of the Cinque ports, and had the Chamberlain-ship of Sandwich committed to him, during pleasure.

    On the 4th of [9] 5.89 June, the King relating, That by Divine Grace, there had been a firm Peace made between him and his Barons to be inviolably observed through the whole Kingdom, did by the Advice and Assent of his Barons Constitute and Appoint in all Counties of England, Keepers and Conservators of that Peace, during pleasure; [ D] commanding, and injoyning them by their Faith and Allegiance, that they strickly looked after the Conservation of the Peace in their Coun∣ties, and prohibited in his name any one under the penalty of disinhe∣riting, and danger of Life and Members, to set upon any man, or Plunder him, to Commit Homicide, Burning, Roberies, Tolts, (i. e. Thefts or Rapine) or perpetrate any the like Enormities, nor do Damage to any man contrary to his Peace. Also that for the future, no man should bear Arms in the Kingdom, without his special License and [ E] Command. And if they found any such Malefactors, and Disturbers of the Peace, they were to arrest, and keep them safe until further Order.

    In the Body of these Commissions, there was a Precept to every of these Conservators of the Peace,* 5.90 to send four of the most legal and discreet Knights of each County, to be chosen by the Assent of that County, for the whole County, to the King at London, to be there on [ F] the * 5.91 Octaves, or Eight days after the Feast of Holy Trinity at fur∣thest, to treat with Him, his Prelates, Great Men and others, in Par∣lement, about his own Business, and the Business of the Kingdom.

    On the same 4th of June, the King sent his [1] 5.92 Writ to Iames Alothele, or Audley, acquainting him, that by Divine Grace, there was a firm Peace concluded between him and his Barons; and that

    Page 643

    for the keeping of that Peace, by Advice and Assent of his Barons, it was provided; That no man under Penalty of losing his Lands and Tenements, and also under danger of his Life and Limbs, should wear Arms without the Kings special Licence and Command;* 5.93 and that all the Prisoners taken at Northampton, should be brought to him to London, in whose Custody soever they were. And whereas there were certain difficult Matters which concerned him and his Kingdom, [ A] to be Communicated to him, without whose presence they could not be dispatched; he commanded him by the Faith and Homage he ought him, upon receipt of the Writ, to come to him, to treat of the Matters aforesaid; and to bring with him Robert de Sutton, Robert Fitz Walter, Philip de Covel, and John de Wiavill, and all others in his Custody, whosoever committed them; that if it were thought fit, they might be exchanged Prisoner for Prisoner, with those taken at Lewes, or otherwise Released upon Security.

    [ B]

    Roger Mortimer [2] 5.94 received the same Precept, which was deli∣vered to Simon Watervill; and that he should bring with him Reynald de Watervill, John le D'espenser, Adam le D'espenser, Roger de la Hide, Humfry de Bassingburn, and all other such Priso∣ners, &c.

    Roger de Clifford [3] 5.95 received the same Command; and to bring [ C] with him William de Eyvill, Henry de Penbregg, and Baldwin de Drayton.

    A [4] 5.96 Writ in the same Form, and of the same Date, was directed to John de Grey, Constable of Nottingham Castle; and he was com∣manded to bring with him Baldwin Wake, Anker de Freschenvill, Hugh Gobion, Roger de Mortein, Richard de Hemington, and all o∣ther Prisoners in his Custody, &c. This Writ was delivered to Philip [ D] Driby, by the Earls of Leycester and Glocester.

    The same [5] 5.97 Command was to Drogo de Barentin, Constable of Windsor Castle; that he should bring William de Furnivall, and all other Prisoners, &c. This Writ was given to Charles the Kings Valet, to be delivered to the aforesaid Constable.

    The same [6] 5.98 Precept was directed to John de Vallibus (that is, [ E] Vaus) Constable of the Castle of Norwich, or his Sub-Constable to come, &c. and bring with him Ger. de Furnivall, William de Elyes∣ford, Ralph de Bruton, John Estormy, and all other such Pri∣soners, &c.

    The main Business for which four Knights were to be sent, by the Conservators of the Peace of each County, and the Barons were par∣ticularly summoned to Parlement eight days after * 5.99 Trinity Sunday, [ F] or on the 22d of June 1264, 48th of Henry the Third, was to Ʋnking the King, which was done in this manner: There was an Instrument ready drawn against their time of Meeting, That for the Reformation of the State of the Kingdom, there should be chosen three Discreet, and Faithful, or Well-Affected Men of the Kingdom, who should have Power and Authority from the [7] 5.100 King of naming and choosing nine Counsellors, of which nine, three by turns should always be pre∣sent

    Page 644

    in the Court;* 5.101 and the King, by the Advice of those nine, should Order and Dispose of the Custody of his Castles, and all other Business of the Kingdom; and the King should make his Justiciary, Chancellor, Treasurer, and all other great and small Officers, that belonged to the Government of the Court and Kingdom, by the Advice of those nine. The first Electors were to Swear, That according to their Conscience, they would choose and nominate such Counsellors, as should be faithful to the [ A] Honour of God and the Church, and profitable to the Kingdom. The Counsellors also, and all Officers both great and small, were to Swear at their Creation, That they would, to the utmost of their Power, exe∣cute their Offices, to the Honour of God and the Church, and to the pro∣fit of the King and Kingdom, without any other reward than Meat and Drink, which commonly was presented upon Tables. And if the Counsellors,* 5.102 or any of them, so behaved themselves, as they were to be laid aside and changed; then the King, by the Advice of the three [ B] Electors, might change and remove as many as he thought fit; and in the place of them so removed, Subsistitute other fit and faithful Per∣son or Persons. If the great or small Officers behaved themselves ill, they were to be removed by the Council of nine, and other or others, by them to be appointed in their places. And if the three Electors agreed not in the Choice of Counsellors, or they agreed not in the Creation of Officers, or Disposing of, or in Dispatching other Business of the King and Kingdom, then what should be ordained by two parts, should firmly be observed, so as of those two parts one should be a [ C] Prelate, in Matters concerning the Church: And if it should happen, that two parts of the nine should not agree in any Business; then it was to be determined by the three first Electors, or the major part of them. And if it shall be thought expedient by the Community of Prelates and Barons, that all, or any of the three first Electors, should be removed, and others substituted; the King should substitute them by the Advice of the Community of the Earls and Barons. All these things the King was to do by the Council of nine, in Form, as it was to be Subscribed by [ D] the King, or by them instead of, and by Authority of him. And this Ordinance was to indure, until the Mise made at Lewes should be Completed,* 5.103 or another Form provided and appointed by the Agreement of All Parties. In witness whereof, Richard Bishop of Lincoln, and Hugh Bishop of Ely, Roger Earl of Norfolk, and Marescal of England, Robert de Veer Earl of Oxford, Hum∣fry de Bohun, William Montchensey, and the Major of London put their Seals to the Writing; Done in the Parlement at London, in the [ E] June 1264. that is, according to the Writ directed to the Conservators of the Peace of each County, to send four Knights to Treat in Parle∣ment, &c. on the Octaves of Trinity, June the 22d. Easter day being that year, April the 20th. as hath been before noted in the Margin. And that this Instrument was ready drawn, and that there could be little or no debate about so great and weighty Affair, appears clearly by the next [1] 5.104 Record; by which 'tis Manifest, That the King gave Power to Stephen Bishop of Chichester, Simon Montfort Earl of [ F] Leycester, and Gilbert de Clare Earl of Gloucester and Hertford, to name nine, as well Prelates as others, by whose Advice he would Go∣vern the Nation, and commanded them to proceed to the Nomi∣nation: Which Record is dated, June 23d. the day after their first Meeting.

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    The short Account [2] 5.105 Mat. of Westminster gives of this Matter, in many things agrees with the Records; The Prelates, Earls and Ba∣rons (saith he) of that party, which seditiously held their King Priso∣ner, met at London, and unmindful of the Compromise at Lewes, the Oath they had taken, and their own Salvation, bethought themselves of new Ordinances for the Government of the Kingdom: And Or∣dained [ A] amongst other things, That two Earls, and one Bishop, Elected by the Community, should Choose nine Persons, of which three should Assist the King; and by the Counsel of those three and nine, all the Affairs, as well of the Kings Houshold as of the Kingdom, should be di∣rected. And that what the King should do without the Advice of them, at least of the three, should signifie nothing: And so the Earls of Ley∣cester, and Glocester, and Bishop of Chichester ([3] 5.106 who promised all that fought stoutly against the King, and were killed in the Battel [ B] of Lewes, immediate entrance into Heaven) were Constituted the three chief Counsellors. Then [4] 5.107 threatning the King they would choose another, and the Prince to keep him perpetually in Prison; Commento fraudis consentire coacti sunt, they were compelled to con∣sent to this Cheat.

    Having contrived and perfected these Ordinances, they sent [4] 5.108 Let∣ters to the Bishop of la Sabina a Cardinal, and then the Popes Legat [ C] in France, and to the Illustrious King of France, That they would utterly annul the Compromise made at Lewes, and Establish this New Peace made by an Amicable Consent of both Parties; And the Bi∣shops of London, Winchester and Worcester, and some others of the Province of Canterbury earnestly beseeched the foresaid Legat, That he would be very ready to promote that Peace. And upon the Satur∣day, after the Nativity of the Blessed Virgin, which is September the 8th. the Bishops of London, Worcester and Winchester, with Hugh [ D] D'espenser Justiciary of England, Peter Montfort, and Richard de Mepham, Arch-Deacon of Oxford, were [5] 5.109 Constituted Procurators, and Commissioners to treat in the presence of the Magnificent Prince, the Illustrious King of France, and the venerable Father G. Bishop of la Sabina, and Legat of the Apostolic See, or either of them, about the Reformation of the State of the Kingdom of England, with Power to do whatever they thought fit in this Matter, and give Security for the Performance of it, with a special Clause of Power to Peter [ E] Montfort, that what he should swear to, the King must be obliged to it. What these Commissioners did, I find not, 'tis probable the Barons kept themselves to the Instrument of Government made at London without Alteration.

    About the beginning of this 48th year of this King, Montfort and his Confederates, had caused it to be spread abroad, That he intended to bring an [6] 5.110 Army of Strangers into the Kingdom to destroy the Na∣tion, [ F] and ordered the Matter, so as the People, by a voluntary Contri∣bution, taxed themselves, or submitted to a Tax, which was Imposed upon them without the Kings Privity or Knowledge, especially in Warwic and Leycestershire, to maintain four or five men out of every Town to march to the Sea-side, and defend the Nation against Stran∣gers. And to undeceive the People, the King Wrote to all the Sheriffs of England, to make Proclamation at the County Courts, and in every

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    Hundred, and good Town of the County, That he intended no such Thing, but resolved to Keep the Nation in Peace, and commands the People not to believe any such Suggestions, nor to pay the Taxes and Tallages, made o imposed on them, against their Leige Lord, nor to Arm themselves, nor go out of their County, without his Special Command.

    * 5.111But now when Montfort had the King in his Power, about the be∣ginning [ A] of July, these Suggestions and Rumors were renewed and spread abroad to keep the peoples Heads warm with Jealousies and Fears; and that an Army might always be ready (for they had made the Country) to Baffle all Attempts, to Rescue the King out of the Power of the Barons, He was made to own them, and 7 5.112 Dclare to the Arch-Bishops, Bishops, Abbots, Priors, Earls, Barons, Knights, Free-men, and to the whole Community of Counties, That it did cer∣tainly appear to him, that a great Multitude of Strangers (who, or of what [ B] Nation, not said) who were preparing Shipping, and intended with Force to Invade the Kingdom, to the perpetual Confusion, and Disinheriting of himself, and every one of the Kingdom, unless Care was taken with Force to prevent it. He therefore Commanded all Knights, and Free-Tenants, to prepare themselves with Horse and Arms, so as to be at London on Sun∣day, after the first of August, to March with him from thence, for the Defence of himself, themselves, and the whole Kingdom against Strangers. And also Commanded every Sheriff to take with him the Keeper of the [ C] Peace of the County, to Summon and firmly Injoyn, in the Kings Name, all the foresaid Arch-Bishops, Bishops, Barons, and all others which ought the King Military Service, by the Faith and Homage, in which they were bound to him, and as they loved themselves, their Lands and Tenements, to come to him, not only with the Service they ought him, and were bound by Tenure to perform, but with other Horse and Arms, or send them, and with as many Choice Foot as they could raise, that by their help he might Effectually resist the Danger: Nor was any man to Excuse his non-appear∣ance, [ D] upon the shortness of time, That it was not a reasonable space for Summons, because the present necessity would not allow a longer; and there∣fore it should not be drawn into Custom, for the Future, to the Prejudice of any Man. Furthermore, he Commanded the Sheriff, to cause to come at the same Day, eight, six or four, of the best and most stout Foot-men from every Town, according to the bigness of it, with competent Arms; that is to say, with Lances, Bows and Arrows, Swords, Darts or Hand-slings, Bills or Hatchets; which were to have their Expences allowed upon the [ E] Common Charge for forty Days. And that he should send from Cities, Ca∣stles and Burghs, a proportionable number of Men, as well Horse as Foot, according to their Bigness and Abilities: Nor was any Man to pre∣tend or plead, That Harvest was then to begin, or any other Family or Domestick Imployment, as a Let or Hindrance; seeing it was more safe and better, for a Man with the Security of his Person, to be somewhat Damnified in his Goods, than with a total Destruction of his Lands and Goods, by the Impious Hands of those, who thirsted after his Bloud (to [ F] wit, the Kings) and if they could prevail, would spare neither Age nor Sex, but Deliver them to the Tortures of a Cruel Death. Therefore this Command of the King, the Sheriffs were to publish and give notice to eve∣ry one, That as they loved the Honour of him, and the Nation, and their own lives, and as they would avoid the perpetual Disinheritance of them∣selves and Heirs, they should hasten to prepare themselves, as powerfully

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    as they could, so as they might be at the place and time aforesaid; letting them know, That if he should find any Contemners of his Command, or any that should be negligent, or remiss in the performance of it, that he would seize their Persons and Goods, as of those that would not preserve him and his Kingdom from confusion, and perpetual Disinheritance. This Declaration and Command was dated at St. Pauls London, on the sixth of July.

    [ A] On the Ninth of July [8] 5.113 he sent his Writ to the Good, best, or stout Men, (probis hominibus) of Len, Yarmouth, Donwich, Oxford, Ioswich, and all other Cities, Burghs, and Towns, upon the Coast of Norfolk and Suffolk, to be obedient to the Directions of Hugh le D'espenser his Justiciary, in securing the Coasts of those Counties, whom he had sent to them to that purpose.

    The Earl of Leicester would be thought a strict observer of the [ B] Kings Commands, that others might really be so, and therefore obteined the Kings [9] 5.114 Licence to Ride with a Body of Armed Horse about the Kingdom, when he had prohibited all others to do it, by reason of the Hostages and Prisoners he carryed about with him. This License is Dated at St. Pauls London July 16th.

    The Forces to be raised against the Invasion of Foreigners, came not in such numbers as was expected, and therefore the King on the [ C] ninth of August, [1] 5.115 wrote to the Sheriff of Cambridge and Hunting∣ton Shires, to make Proclamation, That all which were Comman¦ded to be at London, on Sunday next after the first of August, with their Horse and Arms, and other Force, &c. should march thither in all hast both night and day, under pain of losing all their Lands, Tenements and Goods, and Danger of Life and Limbs. And if within three or four days after Proclamation made, they did not March, then he was to take and detein them in Prison until further Order, and out [ D] of the profit of their Lands, Tenements and Goods, to send as many Armed Men as they would maintein.

    People being wearied with Watching, Guarding,* 5.116 and securing the Coasts in Norfolk, Suffolk and Essex against Foreigners, designed to go to their own Homes, pretending they had been there forty days, and would stay no longer. The King had notice of their Intentions, and, on the seventh of September, [2] 5.117 wrote to all that were assembled for [ E] that purpose in those Counties, That for several things that might happen, and by reason of some News he had heard, it was necessary for them to stay longer upon the Coast, and commanded them by the Faith in which they were obliged to him, and in pain of losing all they had in the Kingdom, they for his, their own,* 5.118 and the Defence of the Kingdom against Strangers should stay there, and not depart, until they received his License. And commanded the Sheriffs to provide Mo∣ney from the County, for such as were not able to bear their own [ F] Charges, unto eight days after the Nativity of our Virgin Mary, (that is, September the eight) or longer, if need should be. And also commanded the Sheriffs, to seize all the Lands, Tenements, Goods and Chattels of such as were summoned and appeared not, nor sent, and of all such as depart without his Licence, and keep them safe until further Order.

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    On the 24th of September, the King [3] 5.119 wrote to the Sheriff of Ox∣ford and Buckingham Shires, to Command and Injoyn all Knights, and Free-tenants, in his Bailywic, that were able to bear Arms, and had Lands to the value of an Hundred Shillings, or Ten Pounds a year, under the penalty of losing all the Lands and Tenements they held in the Kingdom, that they should come to him in their proper Persons with Horse and Arms, where-ever he was in England, in all [ A] haste to oppose the Strangers that were to come from beyond Sea, who were to be furnished with Money for their Expences in the Army until Three Weeks after Michaelmass; and the Sheriffs were to pro∣vide for the Expences of such as were not Able, by taxing the County, and also for the Expences of the Foot. Matthew Westminster [4] 5.120 says, That almost all France as far as the Alps, by the Instigation of the King of France, Peter Earl of Savoy, Boniface Arch-Bishop of Can∣terbury, and the Elect of Lyons, and other of the Queens Relations, [ B] was in great Indignation with the English, that behaved themselves Seditiously toward, and Traiterously opposed their King, which might raise a Suspicion in them, of the Inclinations and willingness of those People to Assist the King, but speaks not of any Shipping provided, or Forces raised there to reduce them to Obedience.

    Though the [5] 5.121 King was in the Custody of the Earl of Leicester, and under his Power, Richard King of Almain Prisoner in the Tower, and their two Eldest Sons Prisoners and Hostages in Dover Ca∣stle:* 5.122 [ C] Yet there remained in the Marches of Wales, several Stout and Loyal Barons, Roger Mortimer, Iames Audley, Roger de Leyburn, Roger de Clifford, Hamo L'estrange, Hugh Turbervile, and many others, being much troubled at the Usage of the King and Prince, with one Consent took Arms against the Earl of Leicester. They brake down the Bridges upon the River Severn, and secured themselves in the Borders of Wales, on the West side of it.

    [ D]

    To Reduce these, [6] 5.123 Assumpsit secum Regem Henricum, quem habuit adeo acclivem, &c. Montfort carried with him the obsequious King (made so by Threats) and marched with a great Army to Worcester: And having his Fast Friend, Leolin Prince of Wales, to come upon the back of them, they were forced to make a Peace on Condition, they should leave the Nation for a year, and deliver up their Castles to Leicester;* 5.124 To which Terms they the more readily consented, that Prince Edward might be freed of his Imprisonment: by this Means [ E] Leicester became possessed of almost all the Castles upon the Marches from Bristol to Chester; which City and Castle, with the Earldom and Honour, and the Appurtenances, Prince Edward granted to him [7] 5.125 under pretence of an Exchange, before his Liberty could be Treated of: which Grant was Confirmed by the King, on the 20th of March following, and also the [8] 5.126 Castle and Honour of Pe, the Ca∣stle and Town of Newcastle Underline in Staffordshire, were then granted with them, to him and his Heirs. [ F]

    And now all things being quiet in the [9] 5.127 Marches of Wales, the King went toward Woodstock to keep his Christmass there; And the Earl, Fortune favouring him in all things he had contrived, celebrated the same [1] 5.128 Feast at his Castle of Kenelworth. At this time all Eng∣land, but the utmost North Parts of it, which as yet held out against

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    him, by the Instigation of the King of Scots, and John Baliol, was subject to him, [2] 5.129 all things were ordered by him, all the Kings Castles were put into his hands; Nor was the King, that had now Reigned near fifty years, any more than a Shadow, so that he could not walk in his own Land without a Keeper and Guard, and under the total Disposition of some other person. And his [3] 5.130 Keepers usually were Montfort's Sons, Hugh D'espenser, and John Fitz-John; the [ A] Earl of Glocester being excluded from the Custody of him, whom they only feared as able to break this Confederacy.* 5.131 All the Kings Ca∣stles and strong Forts of the Kingdom, they divided amongst them∣selves, and made the Kings capital Enemies Officers of his House.

    There was also at this time much Discourse of [4] 5.132 Releasing Prince Edward, which had continued almost a year, until he had given him for his Liberty, of being a Prisoner only at large, the Earldom [ B] of Chester.

    And for this [5] 5.133 Cause chiefly, and to Treat of some other Difficult Matters of the Kingdom, was the famous Parlement of the 49th of this King, called, the first [a] 5.134 Pattern of our Parlement, since that time, or from the eighteenth of Edward the First. For the History whereof, how it was summoned, why called, and the old way of Parlements at this time changed, I refer the Reader to my Answer [ C] to Mr. Petyts Book of the Rights of the Commons asserted, in my Introduction to the Old English History, from fol. 136. F. to fol. 143. D.

    But Prince Edwards Release could not be agreed upon in this Par∣lement, whatever other Business might be dispatch'd, for there was another Treaty about it with the Great Men, upon [6] 5.135 Thursday the morrow of Ash-Wednesday, and the Discharge from the King to Hen∣ry [ D] Montfort his Keeper, for the [7] 5.136 Receipt of his Body bears Date 10th of March; and when he was released out of Dover Castle, he was but a Prisoner at large, and under a Guard, and carried about with his Father, whethersoever the Earl of Leicester went; and the Castles of Dover, Scardeburgh, Bamburgh, Nottingham and Corf, were to remain in the hands of the Barons for five years, as security for him, as well as for the Peace of the Kingdom, Castra [*] 5.137 nostra, Dovor, Scardevurgh, Bamburgh, Nottingham & Corf tradenda in Ostagi∣um [ E] in Quinquennium, &c. who was now grown so great, [8] 5.138 that the Earl of Glocester envied him, and thought he was neglcted, and not well used by him; for it was not enough for him, thus to carry a∣bout the Captive King,* 5.139 but he ordered all the Affairs of the Kingdom as he pleased: Yet that which most offended the Earl of Glocester, was, that he took to his own use all the Profits and Revenues of the [ F]

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    Kingdom, and all the Money paid for the [b] 5.140 Ransom of Priso∣ners which by Agreement, ought to have been divided between them.

    For these Causes there happened a great Difference and falling out between these two Earls, which the [1] 5.141 King, by Monforts own Contrivance, indeavoured to reconcile, by the mediation of some Bishops; and so confident was he, That he caused the King to [2] 5.142 write to all the Keepers of the Peace and Sheriffs in England, to ap∣prehend [ A] such as reported there was any discord between these two Earls, and affrighted the people with Jealousies and Fears of a new War. And particularly to Ralph Basset of Drayton, [3] 5.143 Keeper of the Peace in the Counties of Salop and Stafford, and the Sheriffs of the same Counties to suppress the Forces Roger Clifford and other Great Men of the Marches were Raising: These Writs bear Date at Hereford, May the 10th. and were issued by the Command of the King, the Earl of Leicester, Justitiary, Peter Montfort, Roger [ B] St. John, and Giles Argenten; & Sciendum est quod liter istae ema∣narunt per preceptum Regis, Commitis Leicestriae Justiciarium, Pe∣trum de Monteforti, Rogerum de Sancto Iohanne, & Aegidio de Argenten.

    * 5.144But Simon Montfort, who put forth every thing in the Kings Name, was deceived; for notwithstanding all the Labour of the Mediators, the Earl of Glocester would not be [4] 5.145 reconciled to him, but with∣drew [ C] himself and joyned John de Warrenna Earl of Surrey and Sussex, and William de Valentia Earl of Pembroke, who a while before had come from beyond Sea, and landed with some small Forces at that Town, who marched from thence, with what numbers they could, to the assistance of the Barons Marchers: To whom also came Prince Edward, after he had made his Escape from Hereford on Thursday in Whitsun-week, which * 5.146 was on the 28th of May that year. [ D]

    On the 30th of the same Month, the King [5] 5.147 wrote to all his Te∣nants in Capite, as well Arch-Bishops, Bishops, Abbots, Priors, as Earls Barons, Knights, and all others, except those that were of the party of the Earl of Glocester; That whereas he, and certain of his Great Men and Feudataries, sometime since came to Hereford, to take care of the Peace of those Parts, hoping to have found his Son Edward a great and chearful Assistant in that Business: He on the Thursday in Whit∣sun-week, [ E] about the Evening, made his Escape from the Knights which accompanied him out of Hereford, to take the Air, and were his Guard, by the contrivance of two Knights, and four Esquires, that were pri∣vy to the Design, and carried him off, intending, as he certainly be∣lieved, to go to John Waren, and William de Valentia, and the Ba∣rons Marchers, his Rebels and Disturbers of his Peace; He therefore commanded them by the Faith, Homage and Love, in which they [ F]

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    were bound to him, to come with all haste, by Night and by Day with Horse and Arms, and all their Service and Force to Worcester, to go with him against his Enemies and Rebels.

    On the 7th of June, he [6] 5.148 wrote to the Guardians of the Peace, and Sheriffs of every County, to Prohibit by Proclamation, all People of [ A] their respective Counties, from giving any Aid or Assistance to his Son Edward, the Earl of Glocester, or any Rebels of their Confederacy: But whereas he had lately sent his Letters into all Counties, and com∣manded all men should take an Oath to observe the Ordinances made at London, therefore all men in every County should rise against the Rebels, Disturbers of the Peace, and Transgressors of that Ordi∣nance, and Arrest their Bodies, and have them in safe Custody. These Letters or Writs were directed into the several Counties by the King, [ B] the Earl of Leicester Justiciary, Peter Montfort, Giles Argenten, and Roger St. John. On the same * 5.149 day he wrote to Roger Bigot Earl of Norfolk, to hinder all Combinations and Attempts to annul those Ordinances and Provisions in Norfolk and Suffolk.

    On the 8th of the same Month, a Letter in the Kings Name was [7] 5.150 written to the Bishop of London, and the other Bishops of the [ C] Province of Canterbury, Rex venerabilibus in Christo patribus H. Lon∣don, & caeteris Episcopis, &c. in which they were required to Excom∣municate by name, in their several Diocesses, his Contùmacious, Rebelli∣ous Son, and other Rebels: Et est litera Duplicata per Comitem Lei∣cestriae Justiciarium, Petrum de Monteforti, Egidium de Argenten & Rogerum de Sancto Iohanne: And this Letter was double, by the Earl of Leicester, Peter Montfort, Giles Argenten, and John St. John; no mention of the King.

    [ D]

    On the 26 of the same, a Letter in the Kings Name was [8] 5.151 di∣rected to the Major, Aldermen, Sheriffs, and the whole Community of London, Rex Majori, Aldermanis, Vicecomitibus, & toti Communitati London. Salutem, &c. wherein he thanks them for their Fidelity and Constancy to him and his friends, and desires them to continue in them, and to contribute their utmost assistance, to Suppress and Destroy his Rebels where and of what Quality soever, and their Fa∣vorers, by all ways and means they should think expedient. Signed [ E] by the King, the Earl of Leicester, &c. as before. Dated at Monemuth.

    On the 28th of June, a Writ was [9] 5.152 directed to Simon Montfort the Younger, (second Son of the Earl of Leicester) Guardian of the Peace in Surrey and Sussex, in the Kings Name: That whereas his Son Edward, and Gilbert de Clare Earl of Glocester, together [ F] with John de Warenna, William de Valentia, Roger Mortimer, Iames Audley, and other Rebels adhering to them, had seized di∣vers Towns and Castles, and raised New War in the Kingdom; He Commanded and Injoyned him to give his utmost help to him, and all of his Party to Destroy and Suppress those Rebels, and all others, and all their Favourers. Dated at Monemouth. The same Letters were directed to Brian Goniz Guardian of the Peace for Summer∣set and Dorset-shires, To Hugh Peverel Guardian of the Peace for

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    Devonshire, to Ralph Arundel and Adam de Gurdun: Per Regem, Comitem Leicestriae, &c. By the King, the Earl of Leicester, and the others as before.

    All July, Montfort, with the King in his Custody, was in Hereford∣shire and South-Wales; in the mean time his Son Simon got together what Forces he could out of Surrey, Sussex, Kent, Hamshire, and the South of England, and [1] 5.153 marched toward Kenelworth Ca∣stle [ A] in Warwickshire, there to meet his Father, and joyn their Forces. But Prince Edward having notice of it, he and the Earl of Glocester marched from Worcester in the night, and surprised them in their Quarters early in the Morning, on the first of August, before they reached the Castle, and took the Earl of Oxford and thirteen Ban∣nerets Prisoners, Simon and a few others escaping into the Castle. [2] 5.154 On that day the Earl of Leicester came from South-Wales, to a Manor of the Bishops of Worcester, within three Miles of it, and staid [ B] there the day following. The Prince then returned from Kenel∣worth to Worcester; Montfort hearing of it, in the Evening when it grew dark, left his Quarters and went to Evesham.

    Next day [3] 5.155 the Prince passed the River Avon, and intercepted all Intercourse between Montfort and his Son Simon, then at Kenelworth, and kept them from joyning their Forces. On the day following, he marched toward Evesham, and came before one part [ C] of the Town, and the Earl of Glocester with his Forces came be∣fore another part; and Roger Mortimer, with his Troops, before a third: The Earl of Leicester being thus surrounded, must either yeild or fight. [4] 5.156 On the fifth of August both Armies were drawn up in a large Field without the Town; after a sharp Fight, the Barons Army began to give way, and the Earl of Leicester was killed, and with him twelve Bannerets, Milites vexilliferi duodecim; To wit, Henry his Son, Peter Montfort, Hugh D'espenser, William Man∣devll, [ D] Ralph Basset, Walter de Crepping, William York, Ro∣bert de Tregos, Thomas de Hostilee, John Beuchamp, Wido de Bailiol, Roger de Roulee, and many others of Inferiour Degree with Foot, and in great number. And so (says Rishanger, the Conti∣nuer of Paris) this [5] 5.157 Magnificent Earl finished his labors, who not only laid out what he had, but himself also, to Rescue the Poor from Oppression, to assert Justice, and the Right of the Kingdome. Sic{que} labores finivit vir ille Magnificus Simon Comes, qui non solum sua, sed seipsum impendit pro oppressione pauperum, assertione Justitiae, & [ E] Regni jure: And then proceeds to tell what a Religious and Devout Person he was in the Religion of those times, what Deference he gave to the Clergy, and how they loved and honoured him. And says further, it was Reported, he was famous for many [6] 5.158 Miracles after his Death, but for fear of the King they were not published.

    Into this Battel, Montfort and the Barons forced the King, [7] 5.159 Exeuntes Comes Leicestriae & Barones, unà cum Domino Rege [ F] Violenter adducto) where he was dangerously wounded, by a Dart thrown at him unawares. In presenti [8] 5.160 bello, Dominus Rex extitit vulneratus, & Morti penè vicinus Jaculo in eum ex improviso dijecto.

    Page 653

    After this Battel we have a full Discovery of Montforts Practices to write what he pleased,* 5.161 and send forth what Writs he pleased in the Kings Name, and Seal them against his Will with his Seal. King Henry would have given the place of Treasurer of Yrk to Ed∣mund Mortimer, when in his Custody; but against his Will, the Earl of Leicester sealed a Patent of it to Almaric Montfort; and now when the King had regained the Liberty of his Person and Seal, [ A] he Revokes that Grant as void, and gives the place to Edmund Mor∣timer[*] 5.162 Cum post Bellum habitum inter nos & Quosdam fideles no∣stros ex parte una, & Simonem de Montiforti, quondam Comitem Leicestriae, & fautores suos ex altera apud Lewes extiterimus in Custo∣dia prefati Simonis, & aliorum fautorum suorum, per Quod Tem∣pore istius Custodiae, contra voluntatem nostram, prefatus Comes literas sigillo nostro, Quo non nos, sed Comes ipse utebatur pro suo Arbitrio, formari fecit, Continentes, Quod nos Thesaurariam E∣boracensem [ B] tunc vacantem Almarico de Monteforti Concessimus, &c. This Grant bears Date August 7th at Worcester, two days after the Battel, and gives us the true Reason why, in the Kings Name, so ma∣ny Writs and Commissions issued against his Son and Friends, and a∣gainst their own Interests.

    Upon the next day, by the Mediation of some Bishops and others, the [9] 5.163 Burgesses of Hereford were received into Favour, and their [ C] Goods Protected, upon Condition they should Fine at the Kings Will, for their Transgressions against him and his Son Edward; and upon the 24th of the same Month they were [1] 5.164 Fined 560 Marks.

    The King willing to shew [2] 5.165 Mercy and Favour to Offenders, ra∣ther than take Revenge of them, on the 26th of August, appointed Commissioners to receive into Favour all such of the Cinque-Ports that adhered to Montfort, as would submit to his Pleasure, and Compound [ D] for their Offences against him.

    On the [3] 5.166 eighth of September he called a Parlement at Winche∣ster, by Advice whereof, the Liberties of the City of London were seised for their Rebellion, and the greatest Offenders committed to Pri∣son, to be punished at the Kings Pleasure.

    This Parlement also [4] 5.167 gave the King all the Rebels Lands, and [ E] he appointed two Commissioners in each County, who with the She∣riff were to Extend them, and return the Extent, with the names of the Lands, and the names of those whose Lands they were, to him at Westminster by the Feast of St. Edward (that is the 13th of October) and they were to appoint two Collectors in every Hundred to Collect Michaelmass Rent, and to deliver them a Note what it was. This Commission bears Date at Winchester the 21st of Septem∣ber. Paris says,* 5.168 The King on the Feast of St. Edward Disinherited [ F] all that stood with Montfort, and gave their Lands to those that had faithfully served him, according to their Merits, f. 999. lin. 7.

    On the sixth of October the King [5] 5.169 wrote to his four Guardians of his City of London, Humfry de Bohun Earl of Hereford, John de Bailol, Roger de Leyburn, and Robert Walerand, That where∣as the Mayor, Citizens and whole Comunity of the City aforesaid, had

    Page 654

    as well concerning their Lives, and Limbs, as their Lands, Tene∣ments, Goods, and other things whatsoever; submitted themselves to the Kings pleasure. Therefore they were to cause Proclamation to be made, That his Peace should be firmly kept in the City and parts adjoyning, to preserve it from being plundred.

    On the same day the King [6] 5.170 directed his Writ to all such as had Business at the County Court for Middlesex, that because he had not then appointed a Sheriff in that County, he commanded them to submit to and obey Philip de Conel, or Covel, as his Sheriff, who [ A] was to hold the Court for that day.

    On the same [7] 5.171 day he declares he had given all the Lands and Goods of Thomas Diwelesdon, and Michael Thny Citizens of London, to his Son Edward.

    On the 15th of October the King [8] 5.172 committed the Custody of [ B] the City and Tower of London to Hugh Fitz Oto, during pleasure, answering the profits of them at the Exchequer, and Roger Leyburn was commanded to deliver them, and the Citizens and Community of London were commanded to be answerable, and submit to him in all things appertaining to his Guardianship.

    This year died Pope Vrban the 4th, to whom succeeded [9] 5.173 Cle∣ment the 4th, before his Consecration he was Guido Bishop of la Sa∣bina, a Cardinal and Legat sent for England; but the [1] 5.174 Barons [ C] and Bishops would not suffer him to Land there when he was come as far as Bologne in France, and therefore he Excommunicated several of the Bishops. He at the Request of King Henry sent Ot∣tobon Deacon-Cardinal of St. Adrian Legat into England, and Crowned [2] 5.175 Charles Brother to the King of France, King of Sicily at Rome.

    [ D]

    Many persons pretended and pleaded for themselves, That against their Wills they were forced into the Service of Simon Montfort: The King directed his Writ to the [3] 5.176 Sheriffs of several Counties to make Inquisition whether it was so or not, and if found to be so, they had seisin of their Lands again, so as they stood to Right in the Kings Court. Dated November 6.

    The men of the Cinque-Ports that were the Kings Enemies and [ E] had taken part with the Earl of Leycester, committed Rapin and Piracy at Sea: The King [4] 5.177 wrote to the Bayliffs and Good men of Yarmouth to set forth 20 Ships, with 40 men in every Ship at least, to be at Sandwich by the first of January, to Chase, and Fight with and take his Enemies. Dated November 24.

    The City and Tower of London and County of Middlesex, with all Appertinencies, were [5] 5.178 committed to the Custody of John Wa∣lerand, and John de la Lind, during pleasure, to answer the Profits [ F] arising from them at the Exchequer; and Hugh Fitz-Oto was com∣manded to deliver them. Dated November 28.

    Page 655

    The King sent his [6] 5.179 Precepts to all the Sheriffs in England, to make Proclamation in their respective Counties, That all who held of him in Capite and ought him service, should be at Nor∣thampton on the 27th of January, to go against his Enemies in the Castle of Kenelworth and other Straglers that would renew the War if not prevented. Dated December the 20th at Northampton. The Abbot of Peterburgh [7] 5.180 made fine, and compounded with the King [ A] for this Expedition only, at Fourscore Marks.

    The King at [8] 5.181 Christmas was at Northampton with his Queen, The King of Almain, and the Legat, by the mediation of friends, Simon Montfort the younger, submitted himself to the Judgment of the Legat, the King of Almain his Uncle, and Philip Basset, and left it to them to make what Terms for him they thought fit with the King, saving to himself his Life and Limbs, and excepting per∣petual [ B] Imprisonment.

    Simon was brought to the King, and it was [9] 5.182 Determined he should deliver the Castle of Kenelworth to the King, and depart the Kingdom, and receive out of the Exchequer every year 500 Marks, until there should be a Peace established. But those within the Castle, not liking these Conditions, would neither yield it to the King nor Simon; who was yet under a Guard, and said they re∣ceived [ C] not the Castle to defend from Simon, but from the Countess his Mother, and would surrender it to none but her, and that in her presence.

    The Citizens of London made [1] 5.183 Fine to the King for their Offen∣ces toward him, his Queen, Richard King of Almain his Brother, and his Son Edward 2000 Marks, for which he pardoned their Transgres∣sions and Excesses, omnes Transgressiones & Excessus eisdem Civibus, &c. [ D] remittimus, & pardonamus, &c. And gave them leave to receive the Rents of their Houses and Tenements, within the City and without, due from Christmass then last past: and granted they should have the Goods and Chattels of such Malefactors as had been against himself, or his Son Edward in the late War, and had been, or were to be in∣dited, Except the Goods and Chattels of those whose Bodies he had given to his Son Edward. Exceptis Bonis & Catallis eorum quorum Cor∣pora eidem filio nostro concessimus. And except the Houses, Lands, [ E] and Rents, which were or ought to be his Escheats, by reason of the Offences of the Owners; and Granted all Prisoners should be Released, except such whose Bodies he had given before to his Son, and except such Prisoners as were taken by the Citizens, and had been, or were to be Indited. Also that all Pleges of Citizens, for the security of the City which had been delivered to the King, except such as were Pleges or Hostages to his Son for his Prisoners, and except the Pleges of Citi∣zens that were fled. And further he Granted the Citizens liberty to [ F] trade by Land or by Sea, as freely as they had done in former times, free from Custom, Toll, or Payage, until the state of the City should fully be setled by his Council, or by his Advice. Quous{que} de Statu Civitatis praedictae de Consilio nostro plenius Ordinetur. And directed, That no Citizen who in the late Troubles appeared by manifest proof to have been Enemy to himself or Son, for the future, should remain or be Conversant in the City. Dated at Northampton the 10th of January.

    Page 656

    There was an [2] 5.184 Order from the King to John [2] 5.185 Wale∣rand, and John de la Lind his Guardians of the City of London, re∣citing, That whereas he had received into his Peace, or Favour, the Citizens of London, according to a Form Granted in his Letters Pa∣tents, That they should release the Pledges of the Citizens they had in their custody, and permit them to go whether they would, Ex∣cept, &c. Witness the King at Northampton the 11th of January.

    [ A]

    The like Letters were directed to the Constable of Rochester Castle, with the same Teste.

    All the [3] 5.186 Disinherited, (for by that name now all the Rebellious Barons and their Confederates were known and distinguished) had leave and safe conduct to come to the King until Easter, to Treat with him, and make their peace, and to return without injury or affront to the place from whence they came. Witness the King at Westminster the 11th of February. [ B]

    The King [4] 5.187 wrote to the Bishops and all other Praelates, (that is, Abbats, Priors, &c. these were called Praelati) in England▪ That when he was in the Custody of Simon Montfort, they had Collected a [5] 5.188 Tenth of all the Church Revenues in England for one Year, for the Defence of the Kingdom, and Church of England, as it was said (pro Defensione Regni Angliae & Ecclesiae Anglicanae, sicut Dice∣batur,) He now being willing it should be expended for the true [ C] defence and profit of them both, commanded them to pay the Tenth so Collected, unto the Bishops of Bath and Wells, and Lichfield and Coventry appointed receivers of it by himself and Ottobon the Legat, according to the Form of the Mandate of the said Legat to them directed. Witness the King at Westminster the 15th of March.

    The Kings Forces though they were before [6] 5.189 Kenelworth Ca∣stle, yet they had not so streightned it, but the Defendents, which [ D] were very numerous [7] 5.190 made Excursions, plundred and burnt the Countries, and took one of the Kings Messengers passing by them, and cut off his Hand, and in contempt of the King sent him to him. [8] 5.191 (Quendam de nunciis nostris, nuper per partes illas transeuntem, (that is, by Kenelworth Castle) Ceperint & ei manum truncarint, ac ipsum sic truncatum & turpiter Mutilatum, ad majorem nostri contemptum ad nostri praesentiam transmiserint, &c.) [9] 5.192 To revenge such an im∣pious affront the King commanded all and singular (omnibus & sin∣gulis) [ E] the Sheriffs of England, should publish in their Counties, and all Market-Towns of their Counties, and also then and there make Proclamation, That all who ought him Service, should Personally appear with Horse and Arms, and besides their Service, with all the Force they could make to Oxford within three weeks after Easter, to go with him against his Enemies and Rebels in Kenelworth Castle and other where, and ordered Watches to be set in Towns and Burghs of every County, that if any of his Enemies passed through them, [ F] they might be arrested and delivered to the Sheriff, and if they would not or could not be taken, then the Watch-men and others to levy Hue and Cry every way, and follow them night and day with the In∣habitants of the Towns through which they passed, until they were taken. Dated at the same time and place as the last.

    Page 657

    April 30th, this year [1] 5.193 the King Granted the Barons and Citizens of London might choose one of their Fellow Citizens, who had been Loyal to him, and his Son Edward, (Qui nostrae & Edwardi primoge∣niti nostri fidelitati hactenus adhaesit) to the Office of Sheriff of Mid∣dlesex, and Keeper or Guardian of the City of London, so as he should [ A] be presented at the Exchequer, and take his Oath of Fidelity or Fealty (Sacramentum Fidelitatis) there as had been accustomed, and should also answer the Farms of them at the Exchequr, as the Sheriffs of An∣tient Time had done. Dated at Northampton, 30 April.

    It was spread [2] 5.194 about the Kingdom, that the Barons and Confe∣derates were Disinherited without Judgment of the Kings Court, in Detraction to his Justice. He therefore caused Proclamation to be [ B] made in all Burghs and Market-Towns,* 5.195 that if any of them found them∣selves injured by himself, or any of his Councellors, in that behalf, he should come to his Court, and do and receive Right, according to the Law and Custom of the Kingdom. Witness the King at North∣ampton, May 3d. Nay so just he was, that when [3] 5.196 Robert de An∣dewerk was accused by his Enemies, that he was in Arms against him and his Son, yet he would not give his Lands to any one, until it ap∣peared by Inquisition it was so.

    [ C]

    The Continuer of Paris [4] 5.197 speaking of the Accomodation, that was to have been perfected between the King and young Simon Montfort about Christmass, when it took not effect, says, the King went and besieged Kenelworth Castle, which held out against him half a year, yet at last for want of Victuals was surrendred to him,* 5.198 saving to the Defendants their Lives and Limbs, and necessary Goods. And adds, it was a wonder the King should be so kind to them, when as [ D] they had wasted the Country, and defended the Castle against him in the middle of his Kingdom, and but a little before cut off an Hand of one of his Messengers, they had taken, and then sent him to him in scorn.

    According to this Relation, 'tis probable, the Castle was surrendred about the middle, or toward the 20th. of July: for by a [5] 5.199 Writ dated the 21st of that Month, directed to the Sheriff of Stafford and [ E] Shropshire, not to disturb, or suffer to be disturbed several therein named, who were admitted to the Kings Peace, by the Bishop of Lichfield and Coventry in his own Diocess, according to the Kings Commission to that purpose, he was then in the possession of it.

    The same Historian [6] 5.200 tells us, That on the Eve of St. Lawrence, August the 9th, the Disinherited entred the Isle of Ely, having first Wasted and Plundered the Counties of Huntington and Cambridge.

    [ F]

    Soon after the King [7] 5.201 wrote to the Inhabitants of Essex and Hertfordshire, to assist John de Burgh, and other Loyal Men, that he had appointed to pursue, take and imprison his Enemies, that had gotten into the Isle of Ely, with Horse and Arms, and all their Force, as the said John and others should direct. Witness the King at Kenelworth the 18 of August.

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    Upon the [8] 5.202 Octaves of the Assumption of the Blessed Virgin (that is August 22d) at the Request of Ottovon the Legat he summoned his Parlement to meet at Kenelworth, where it was Agreed and Grant∣ed by Common Assent of the Bishops, Abbats, Priors, Earls, Barons, and all others, that Six Persons, That is to say, the Bishop of Ex∣cester, the Bishop of Bath, the Elect of Worcester, Sir Alan Zouthe, Sir Roger Suiney, and Sir Robert Walerand, by their Oath there made, should choose Six others, no ways suspected, who knew best, and would according to their understanding, do [ A] what was best for the Security and Peace of the Land: To which Twelve was committed the Case and Fact of the Disinherited,* 5.203 with Full Power from the King and Great Men to Determine and Conclude concerning it, which Determination was called the Dictum [9] 5.204 de Kenelworth; and if there arose any Difference between the Twelve, that was to stand Good and Firm, which received the Assent and Ap∣probation [ B] of the Legat, and Henry Son to Richard King of Almain; and they were to finish their Work by the Feast of All Saints.

    This Determination or Award was made to better the Condition of the Disinherited, and to turn the Forfeitures and loss of their Estates into a Composition for them; and therefore

    All who began the War, and persevered in it. [ C]

    All who violently and maliciously kept Northampton against the King.

    All that Fought against the King at Lewes.

    All that were taken at Kenelworth, under the Command of young Si∣mon Montfort, who had Plundered Winchester, or were in any other [ D] place against the King which he had not pardoned.

    All fighting against him at Evesham.

    All that were in the fight at Chesterfield.

    All that freely sent their Service, (that is, their Horse and Arms) a∣gainst the King or his Son. [ E]

    All Bailiffs and Servants of the Earl of Leicester, that plundered their Neighbours, burnt their Houses, or killed them, or did other mis∣chiefs.

    * 5.205Should pay the value of their Lands for five years; and if they paid it, they were to have their Land again. The Money was to be paid at two or three short payments; if they paid the whole, all their [ F] Land was delivered; if half, then half; if a third part, then a third part; if they were not able to pay, the Lands were to remain in the hands of those the King had given them, till the Money was raised; and out of these Compositions, by the persuasion of the Arbitrators, the King was to gratifie such as had done him faithful Service.

    Page 659

    The Earl Ferrars, and Henry Hastings, were to pay seven years pro∣fits of their Lands.

    Those who had committed less Falts than those above named,* 5.206 compounded for, or were fined, three years, two years, one year, or half a years, Rent of their Lands according to the Nature of their [ A] Offence; Those that had no Lands were punished in their Goods.

    All Obligations, Writings or Instruments made by the King or his Son concerning Oxford provisions, or made or entred into by any of the Kings faithful Subjects, by reason of the Troubles, were declared null and void by this Award: Whereby it was declared, the King might and ought to exercise his Royal Power and Authority, without the set, or contradiction of any one, by which, contrary to the Laws and Cu∣stoms [ B] of the Land, which had long obtained, his Royal Dignity might be offended: Yet the Great Charter, and Charter of the Forest, were to remain in full force by this Judgment.

    The Commissioners humbly beseech the King and Legat,* 5.207 that under danger of Corporal Punishments, and Ecclesiastic Censures, they would strictly forbid any to speak of Simon Mntfort as a Saint, or to spread abroad the vain and foolish Miracles reported of him.

    [ C]

    They also reverently and humbly beseech the Legat to Absolve the King, and all others of the Kingdom both great and small,* 5.208 from the Oaths they had taken to observe certain Charters (concerning Oxford provisions) to the observation whereof they were bound by the Sentence of Excommunication pronounced against such as did not ob∣serve them.

    [ D] This Award, or Dictum de Kenelworth,* 5.209 was finished and published in the Castle of Kenelworth, on the 31 of October, in the year of Grace 1266, and of the Reign of King Henry 51.

    This Award had not its desired Effect,* 5.210 for many of the Disinheri∣ted, that had got into the Isle of Ely, as was said before, continued there, and made Excursions, and wasted, and plundered the Countries round about, and would not submit unto it.

    [ E] Hereupon [1] 5.211 the Legat called a Council at Northampton, and Excommunicated all the Bishops and Clercs which favoured Simon Montfort, and gave him Assistance against the King, and by name John Bishop of Winchester, Walter of Worcester, Henry of Lon∣don, and Stephan Bishop of Chichester; the Bishop of Worcester dyed, Febr. 5th next following, and the other three went to Rome to Beg the Popes Favour: At the same time also, he Excommunicated [ F] all the Kings Adversaries whatsoever.

    After that he sent [2] 5.212 Messengers to the Disinherited in the Isle of Ely, and admonshed them to return to the Faith and Ʋnity of the holy Mo∣ther Church. To this they answered, They firmly held the same Faith they learned from the holy Bishops, Saint Robert (that is Grostest or Grouhead, of Lincoln) St. Edmund, and St. Richard, (both Arch-Bishops

    Page 660

    of Canterbury) and other Catholic men, That they believed the Articles of Faith conteined in the Creed; the Gospels also and Sacra∣ments, which the Ʋniversal Church held and believed, they did Believe, and in that Faith would live and die.

    Secondly, He admonished them to return to the Obedience of the Roman Court: (Romanae Curiae). To this they Answer, They did Obey the Ro∣man [ A] Church as the Head of all Christianity, but not the Lust, Cove∣tousness and Exactions of those that ought to Govern it.

    Thirdly, He admonished them to return to the Kings Peace, accord∣ing to the late Award. To this they Answer, First, That the Legat was sent into England to make Peace, but he rather kept up the War, because he manifestly joyned with the Kings party and incouraged it, and in so doing, maintained the War. Secondly, they Answer, The Award was void, for that the Pope commanded the King and Legat that none should be Disin∣herited, [ B] and they had such a Fine set upon them as it amounted to a Disin∣heriting.

    Fourthly, He admonished them to receive Absolution from the sen∣tence of Excommunication pronounced against them according to the Form of the Church. To this they Answer, Their first Oath (that was to maintain Oxford provisions) was for the Advantage of the King∣dom, and the whole Church, and all the Prelates of the Kingdom [ C] thundered out the Sentence of Excommunication against all those that should act contrary thereto; that they resolved to stand to that Oath, and were ready to Die for it, and Exhort the Legat to revoke his Sentence, o∣therwise they would Appeal to the Apostolic See, or to a General Coun∣cil, or the Supreme Judge.

    Fifthly, He admonished them not to commit any more Roberies, nor damnifie any one. To this they answered, That when as they fought for [ D] the Benefit of the Kingdom and Church, they ought to live upon the Goods of their Enemies which deteined their Lands.

    From Answering, they proceed to [*] 5.213 urge the Legat to admonish the King to remove Strangers from his Council, and they themselves admonish the Legat, that their Lands may be Restored without Com∣position, that Oxford provisions might be observed, that they might have Pledges or Hostages sent them into the Isle for Security, that they [ E] might peaceably injoy it for five years, until they saw how the King would keep his promises; and then make the same Complaints that Montfort and the Barons made many years before, and enumerated the common pretended Grievances of men of their temper, and desire they might be Redressed.

    * 5.214Toward the Spring the King was in extreme want of Money, and the Legat being in the Tower of London, he wrote to him from Cam∣bridge [ F] to receive all the [3] 5.215 Jewels, and other precious things he had there, and in the Abby of Westminster, and to pawn for as much as he could, and caused those that had them in their Custody, to deli∣ver them to him; and in the same Letter wrote to him, that con∣cerning the State and Liberties of the City of London he would do what was expedient (in instanti Parliamento apud Sanctum Edmum∣dum)

    Page 661

    in the Parlement forthwith to be holden at St. Edmunds Bury. This Letter is Dated, March the 8th, Teste Rege apud Cante∣brigiam.

    Some, or it may be all the Transactions of this Parlement, the [4] 5.216 Continuer of Mat. Paris relates thus, (though somewhat pre∣posterously, [ A] which is a frequent fault in their Historians) The King caused to be summoned the Earls, Barons, Arch-Bishops, Bishops, Ab∣bats, all that ought him Military Service,* 5.217 to meet at St. Edmunds Bury with their Horse and Arms, to go against those which against his Peace had seised the Isle of Ely; All others obeyed the Kings Com∣mand, but the Earl of Glocester, who was in the Confines of Wales raising a great Army, and did not come. John Waren and Wil∣liam de Valentia were sent to admonish him to come (ad illum Par∣liamentum) [ B] to that Parlement, but could not prevail. They could only obtein his Letters Patents sealed with his Seal (literas patentes, sigillo suo signatas acceperunt) in which he promised never to bear Arms against his Lord the King, nor his Son Edward, unless in his own Defence. When those that were summoned to the Parlement met, (Abadunatis, Qui ad Parliamentum citati fuerant) except those in Rebellion. The King and the Legat required their compliance with these Articles.

    [ C]

    First, That the Prelates and Rectors of Churches,* 5.218 should grant them (sibi conciderent) the Tenths of their Churches, for three years next to come, and for the year last past, as they gave the [5] 5.219 Barons to keep the Coast against the Invasions of Strangers. To this they answered, That the War began by Evil Desires, and did then continue, and for that Rea∣son it was necessary to lay aside these Evil Demands, and Treat of the Peace of the Kingdom, and make use of the Parlement to the Benefit of [ D] Church and Kingdom, and not to Extort Money, especially, when the Nation was so much destroyed by War, that if ever, it must be a long time before it could recover it self.

    Secondly, They required the Churches might be [6] 5.220 Taxed by Lay-men, according to the just and true value. They answered, It was not reasonable, but contrary to Justice, that Lay-men should meddle with Col∣lecting of Tenths, nor would they ever consent to a new way of Taxing, [ E] but that the old should stand.

    Thirdly, That the Bishops and Abbats would pay the Tenths of their Baronies and Lay-fees fully according to the true and highest value. To this they answered, They were impoverished by [7] 5.221 Depredations and Plundering, That they followed the King in his Expeditions, and spent so much Money, that they were grown very poor, and their Lands lay Ʋn∣tilled by Reason of the War.

    [ F]

    Fourthly, They required that all Clercs, [8] 5.222 holding Baronies or Lay-Fee, should go armed in their own Persons against the Kings Enemies, or find so much Service, (Tantum Servitium) as belong to their Land or Tenement. To this they answered, They ought not to fight with the Material, but Spiritual Sword; to wit, with Prayers and Tears. And that by their Benefices or Fees, they were bound to maintain Peace, not War. And that they held their Barony in Frank-Almoign (in puris E∣leemosynis)

    Page 662

    in pure Alms, and therefore ought no Military Service, but what was certain, and would not perform any that was new.

    Fifthly, They required on the behalf of the [9] 5.223 Pope, That with all speed the Expedition of the Cross might be Preached through the whole Kingdom. To this they answered, That a great part of the People had been killed in War; and that if now they should undertake the Crusado, few or none would be left to defend the Nation. [ A]

    At last it was said, that the [1] 5.224 Prelates, Will they, Nill they, were bound to comply with all these Demands, by the Oath they had taken at Coventry, that they would assist the King by all means they might or could. To this they answered, That when they made that Oath, they only meant it of Spiritual help and wholesome Counsel. (Quando Juramentum fecerunt non intelligebant de alio Auxilio quam spiri∣tuali, Consilioque salubri.) What was done further in Parlement I find not, there was then no attempt made against the Disinherited with∣in [ B] the Isle of Ely, only they were [2] 5.225 restrained from making Ex∣cursions by the Forces the King had with him at Cambridge.

    In the mean while the [3] 5.226 Earl of Glocester came with a great Army out of Wales to London, and pretending to serve the King, by the help of the Citizens that were his Friends, entred the City, and sent to the Legat to Deliver the Tower to him forthwith, and [ C] prohibited all people to send in any Provision or Victuals to him. The Rabble of the Cities, and Country near it, joyned with him, they Plundered and spoyled what Citizens they pleased, that they thought were not, or they would not have their friends, wasted the Countries, and Robbed, and Pillaged by Water and Land. The King when first he heard of his preparations, sent into the North and other parts for Recruits, and his Son [4] 5.227 Edward brought from thence and from Scotland to his Father at Cambridge 30000 Men, with which, leaving a sufficient Guard there against [ D] the Disinherited in the Isle of Ely, they marched to Windsor, where their Army Dayly increased. [5] 5.228 The Earl with his Com∣pany in London began to fear the King, and sent a Message to him for Peace, upon their own Propositions, which they could not ob∣tain. Then they Challenged and provoked the King to a Battel upon Hundeslawe (now Hundso) Heath. Next Day the King Marched thither but found no Enemy. From thence the King Marched to [6] 5.229 Stratford, where came to him the Earls of [ E] Bolongn and St. Paul out of France, with 200 Knights and their Retinue; the Gascoins likewise, with many great Ships fur∣nished with all sorts of Warlike, Naval Arms, fit for fight, arrived near the Tower, expecting the Kings Command. [7] 5.230 The Earl seeing he could not get the Tower out of the Legats Hands, and that his Army was like to be shut up in the City, applyed himself to Richard King of Almain, and Philip Basset, [8] 5.231 who made his Peace with the King, he resolving to believe whatsoever they should [ F] say of, or for him. By which Peace he and all his Retinue, and the Company with him, the Londoners likewise, and all his favorers were [9] 5.232 Pardoned for all Deeds done, from his first motion out of Wales, as well by Water as by Land, in the City, and without, and in divers Counties, which Pardon was not to Extend to the

    Page 663

    Disinherited that were not in the Kings Peace, the Day the Earl be∣gan to March from Wales toward London; And that the King might be assured he never should make War against him afterward, he [1] 5.233 offered his Oath, his Chart, Pleges, and the penalty of 10000 Marks for security. This Accord bears Date at Stratford, June the 15th. the 51st. year of this Kings Reign, and the Pardon June 16th. From the beginning of April when he set forth from [ A] Wales, to this time, he had been harrassing of the Countries where∣ever he came, and the City during his being there.

    The King seeing he could not prevail with the Bishops and other Prelates to assist him with Mony in his very great Necessity,* 5.234 ap∣plyed himself to the Pope, who by his [2] 5.235 Bull, wherein he re∣cites all the affronts and injuries done to the King, Queen and Prince, by the Barons, and the Miseries that befel them and the whole [ B] Kingdom and Church by those Wars, with the Kings Extream want of Monies and Debts by reason thereof, and the necessity of supplying him for the better support and defence of his Kingdom, the Churches, and his Peoples Liberties; Especially by the Clergy,* 5.236 who had received such Bountiful Gifts and Endowments from him and his Ancestors, Granted the Tenth part of the Profits and Rents of all Arch-Bishopricks, Monasteries, and all Ecclesiastical per∣sons whatsoever, as well Regular as Secular, Exempt as not Exempt, [ C] in England Wales and Ireland, for three years, according to the true and highest value, notwithstanding all former Bulls and Ex∣emptions to the contrary, This Bull was Dated at Viterbo in Italy 5. Idus Junii (9th. of June) in the 2d. year of his Pontificate, which was A. D. 1267. the 51st. of this King, and Directed to his Legat Ottobon, but not put in Execution until after Christ∣mass following.

    [ D] The English and Welch every year almost, and sometimes often in the same year, made inrodes into each others Countries,* 5.237 fired and burnt Houses, took possession of each others Lands and Goods, and more especially spoiled and wasted the Borders on both sides; of which Actions seeing they were Ordinary and frequent, I have not taken notice for many years. But Lewelin Son of Griffin having been a great Friend to Montfort,* 5.238 and a great sup∣port to him in his Rebellious practices, in September this year the [ E] King came with a great Army to Shrewsbury, with Design to March into Wales, and Chastise him for his Ʋnfaithfulness to him; who now wanting the help of the Rebellious Barons by Diverting the King, applyed himself to the Legat,* 5.239 by whose Me∣diation a Peace was made, [3] 5.240 so as all Lands should be restored on both sides, and that the Customs of the Marches should still re∣main; That King Henry should grant unto him and his heirs the principality of Wales, and that they should be, and be called [ F] Princes of Wales; That they should receive the Homage and Fealty of all the Barons of Wales, who were to hold their Lands of them in Capite, except the Homage of Meredu the Son of Rhese, which the King reteined to him and his Heirs; and if ever the King should grant it to him he should pay for it 5000 l. He likewise Granted him the four Cantreds of Borthwlad, to hold and possess them as ful∣ly as ever the King and his Heirs had possessed them. For which

    Page 664

    Principality, Lands, Homages, and Grants, the same Prince and his Successors were to swear Fealty, and do Homage, and perform the accustomed Services due to the King and his Heirs, as they had been done by him and Predecessors to the King and his Ancestors. And further was to give him 25000. Marks. This Agreement bears Date at Shrewsbury, 25th. of September, 1267. The Record is long, but this is all that is material in it. [ A]

    * 5.241The Pope having in his Bull of the Grant of the tenths of all Arch-Bishopricks, Bishopricks, &c. before mentioned, Commanded his Legat to Collect or Receive it, or cause it to be Collected or Re∣ceived by other fit persons; [4] 5.242 He assigned Walter the Elect of York, Stephen of Canturbury, and Ruffin Clivel Arch-Deacons, in that Church to receive and pay it to the King, one third part at Easter following, another third part at Midsummer, and the last at Michaelmass, and so for every of the three years, and the King [ B] by the Assignment of the Legat appointed [5] 5.243 Collectors of this tenth in every Diocess.

    The Dean and Chapter of Salisbury [6] 5.244 compounded with the King for 1000 l. a year for all the tenths arising out of that Diocess, and the Dean and Chapter, Abbats and all the Clegy of the Diocess of Bath and Wells [7] 5.245 compounded with him for 500 Marks down, and 350 l. 4 s. ob. each year for their own [ C] tenths.

    The King with his Army this year Marched [8] 5.246 toward the Isle of Ely to reduce or disperse such as had taken refuge there, and by the assistance and advice of such as inhabited thereabout, he made Bridges with Planks and Hurdles at convenient places, so that the Soldiers with little difficulty entred the Isle, and present∣ly brought many of them to the Kings obedience, and put the rest [ D] to flight.

    In the year 1269. King Henry was at London [9] 5.247 with his Queen and Ottobon the Legat, who called a Council at London, and there constituted many things for the Reformation of the Church of England. Soon after at Northampton he signed with the Cross Edward and Edmund the Kings Sons, the Earl of Glocester, and many other Noblemen of England, and then with an inestimable [ E] Treasure returned to Rome.

    At the same time the King [1] 5.248 caused it to be proclaimed throughout all England in every County, that whoever should in∣vade or injustly usurp any ones goods or possessions, he should be lyable to a Capital Punishment which was soon after executed upon one at Dunstable, who had driven away twelve Oxen that were the Villans of Colne, belonging to the Abby of St. Albans, [ F] who persued him and took him, and brought him before the Baylif of the Liberties of St. Albans, who read to him in English the Kings Letter before the whole Multitude, and then by virtue of the Kings Command, Sentenced him to be beheaded.

    This year the King of [2] 5.249 France sent Messengers into Eng∣land

    Page [unnumbered]

    to invite Prince Edward to accompany him into the Holy-Land;* 5.250 to whom the Prince replyed that the late Wars between the King and his Great-men had exhausted the English Treasury, so that he had not sufficient to supply his necessary Expences for such an Expedition. The King of France offered, that if he would comply with his desires, he would furnish him with 30000 Marks; To which Prince Edward consented, and forthwith offered Gas∣coigny [ A] as security for his Mony▪ and then came into England to obtain leave of his Father King Henry, which he granted with Tears and gave him his Blessing.

    In the same year [3] 5.251 in the Octaves of St. Martin (or the 19th. of November) a Parlement was held at Marlebergh, in which by the Assent of the Earls and Barons were made the Statutes of Merlebergh, in quo assensu Comitum & Baronum edita sunt Statuta [ B] quae de Marleberwe vocantur.

    In the year 1270. King Henry [4] 5.252 with his Queen and the Chiefs of the Kingdom was at Christmass at Eltham. On the eighth of April Edmund the Kings Second Son Married Auelin the Daughter of William de Albamarla Earl of Holderness.

    This whole year proved very quiet and peaceable,* 5.253 and nothing [ C] memorable happened, only the great Preparation Prince Edward, and others who had undertaken the Cross made for their Journy to the Holy-land. The King as well as [5] 5.254 Prince Edward was Signed with the Cross, for this Expedition, but the Prelates, Great-men and Community of the Land did not think it expedient nor safe for them both to be absent at that time, and therefore by the advice of the said Prelates and Great-men, he committed the business of the Cross and the Sign of his Cross to his Son Edward, and [ D] all the twentieth part of Moveables granted for the Ayd of the Holy-land.

    In the year 1271. King Henry [6] 5.255 with his Queen, Sons and many of the Nobility, kept his Christmass at London.

    On the Second of April [7] 5.256 Richard King of the Romans dyed at Berkamstede Castle, His heart was buried in the Fryers [ E] Minors Church at Oxford, and his Body in the Church he built at his own Charges for the Monks of the Cistercian Order de Hailes.

    In May following Prince Edward, his Brother Edmund,* 5.257 four Earls and as many Barons, besides a great number of Noblemen, be∣gan their Journey to the Holy-land, and after ten days sail from France, he landed at Tunis, where he was met by the King of [ F] France and his Chief men, with great joy and kindness. [8] 5.258 In August Diseases and great Infirmities seized and afflicted the French Kings Army, which took away many of great Note, whereof the Chief were John Earl of Nevers the Kings Son, and the Cardinal of Albania the Apostolic Legat, and on the day after St. Bartholomew King Lewis [9] 5.259 departed this life at Tunis. At the same time Henry the Son of Richard King of the Romans desired leave of

    Page 666

    his Cousin Prince Edward to return into England, and having ob∣tained Licence in his Journy homeward, he was [1] 5.260 slain at Viterbo while he was at Mass in the Church of St. Lawrence, by Guido the Son of Simon Montfort Earl of Leycester, to revenge his Fathers death.

    All these misfortunes could not discourage [2] 5.261 Prince Edward [ A] from proceeding in his Journy to Acon, where Alienor his Wife was brought to bed of a Daughter which was Named [3] 5.262 Ioan de Acres, afterwards Married to Gilbert Earl of Glocester. When the English saw the undaunted Spirit of their Prince, they resolved chearfully to accompany him in all his undertakings.

    In the year 1272. while Prince [4] 5.263 Edward continued at Acon, the Admiral of Ioppa (or Consul, as we call that Dignity,) sent to him several Letters and Messages of Friendship and kindness [ B] by one Anzazim, who had been ever Educated under-ground, that he might prove the more undaunted in any Attempt of desperate wickedness. One time he pretended to have some private business to Communicate to him, upon this the Prince Commanded all that were present to retire, and as he was looking out of the Window, on a sudden the Assassine drew out a poysoned Knife, and gave him two wounds in the Arm, and one in the Arm-hole. The Prince having presently recovered himself, threw him on the ground, and [ C] then snatched the Knife out of his hands, and imediatly killed him with it. Others report he beat out his Brains with a Stool that was next him. Then he called in his Friends and Servants, and related to them what mischief had befaln him, and Commanded the Body of the Assassine to be Hanged upon the Walls of the City, with a live Dog by it, to be a Terror to others. When the Admiral heard of it he shewed great sorrow, and assured the Prince he was no way Privy to it. But when the Soldiers heard how their Prince was [ D] wounded, they resolved to have revenged themselves upon the Sa∣racens, but were hindred by the Prince.

    Next year there arose a great quarrel between the [5] 5.264 Citizens of Norwich and the Monks, which was increased to such a height that the Citizens set fire to the Church, which together with the adjoyning Buildings were all consumed, except the Chappel of St. Walter nigh the Infirmary, and sacrilegiously carryed away the [ E] Holy Vessels and other Utensils, and their Books which escaped the Flames. The King was much moved at this wickedness, and sent Justiciary Tribet down to Norwich, who Convicted a great Mul∣titude of the Offenders, and Condemned them all to be drawn at Horses Tayls and Hanged. Soon after the King went thither in person, and when he beheld the Ruins of the Church, he could scarce refrain from Tears. The Bishop of Rochester Excommunicated all that were concerned in, or abetted this wickedness, and the King [ F] Condemned the Community of the Town to pay 3000 Marks of Silver,* 5.265 towards the rebuilding of the Church, besides Ten pounds in Gold, and the value of one hundred pounds in Silver for a Golden Cup, ad restaurandam Cuppam Auream. Matt. Westminster, says they were drawn and Hanged Judicially, and then burnt, and the Goods of those that fled Confiscated.

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    For the due Prosecution of these Criminals, the King sent his [6] 5.266 Precept to VVilliam Gifford Sheriff of Norfolk and Suffolk, Dated September the 6th. at St. Edmunds-Bury, to Summon all the Knights and Free-holders of both Counties that had twenty pounds a year and above, to appear before him at Norwich on the [ A] 15th. of the same Month, to do as they should be directed by him, with advice of his Council. The same Writ issued to the Sheriff of Cambridge and Huntingtonshires, to summon Twenty four Knights and Free-holders, Milites & Libere tenentes that had Twenty pounds a year or above, to be at Norwich the same day.

    Then the King returned to London, and as he passed by the Ab∣by of St. Edmunds, he was seized on by a languishing distemper [ B] which never left him as long as he lived. In his sickness the [7] 5.267 Earls, Barons and Prelates, came to him that they might be present at his death. He desired his Debts might be first payd, and what remained might be given to the relief of the Indigent. He dyed on the Feast of St. Edmund (or the 20th. of November) after he had Reigned Fifty six years and twenty days, and was bu∣ried at Westminster.

    [ C] [ D] [ E] [ F]

    Page 668

    Church Affairs.

    THere were in this Kings long Reign many Councils holden, and in them all many Canons made, about the then Ordinary Mat∣ters of the Church. These I shall pass by, and note those things, which [ A] were the Matter of Debate and Discord: Inter Regnum & Sacerdo∣tium, between the Secular and Ecclesiastic States, and are conteined in the Canons made at [1] 5.268 Merton by Boniface the Arch-Bishop of Canterbury, the Bishops and Clergy of the Kingdom both Secular and Regular, (who met there on Thursday before[2] 5.269 Barnaby day, Anno Do∣mino 1258, and 42d of Henry the Third) as Provisions against the Fifty Articles of Grievances, which were like to those St. Thomas the Martyr and Arch-Bishop of Canterbury contended for, and be∣came [ B] a glorious Conqueror: Qui Articuli vel capitula, similia fuerunt illis, pro quibus Beatus Thomas Archiepiscopus Cantuariensis, Martyr Dimicavit, Victor effectus Gloriosus. Paris, f. 951. n. 30. who in his [*] 5.270 Additaments says, They were the Articles for which the Bishops had, and were to fight for: Two year after they were again Review∣ed and Confirmed at London. Linwood Oxford, f. 15.

    1. That no [3] 5.271 Arch-Bishop, Bishop, or inferiour Prelate be forced [ C] to appear before any Secular Court upon Summons from the King or any Lay-man; But the greater Prelates shall signifie to the King they can∣not obey any such Summons, without danger of their Order or Sub∣version of Ecclesiastical Liberty. And if the King or his Officers shall proceed to Attach or distrein any Prelate thus refusing, they shall be obnoxious to Excommunication and Interdict.

    2. That no Clerc of any Condition or Order do by his own power or any [ D] Lay-authority thrust himself in, or be possessed of any Ecclesiastical Bene∣fice or Dignity; And every one so offending shall be for ever deprived of his Benefice, and Excommunicated by his Diocesan. And if any such In∣trusions shall be made by the Kings Authority, the Diocesan shall admo∣nish him to revoke them, and upon refusal to Interdict all his Lands and Places lying in that Diocess; if by any Great Man, then to Interdict and Excommunicate him, and he is not to be released till he hath made sufficient satisfaction. [ E]

    3. That no Persons Excommunicated and Imprisoned, shall be set at Liberty by any Sheriff or Bailiff without the consent of the Prelates. And every such Sheriff or Bailiff so offending, unless he maketh satis∣faction to the Church, shall be Excommunicated; but if they do it by the Command of the King, then they are to be more favourably dealt withal, according to the Discretion of the Ordinary. And if the u∣sual Writ De Excommunicato Capiendo, shall according to the Cu∣stom [ F] of the Realm be required and denied; then the Prelates shall admonish the King to grant it, and upon his refusal to Interdict all his Cities, Castles, Burghs and Villages in that Diocess.

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    4. That if any Lay-man do apprehend and detein any Clerc, that is known to be so, and of good fame, and do refuse to set him at liberty upon demand of the Ordinary, let him be Excommunicated, and the place Interdicted. Whoever shall falsly accuse any Clerc, let him be subject to the same Censure. Whoever shall apprehend any Clerc's that are vagrant and unknown, and do refuse to deliver them to the [ A] Ordinary upon his Demand, shall be censured as aforesaid. If any Clerc be amerced for any personal Transgression by a Secular Judge, he shall not be compelled by the [*] 5.272 Prelates to pay the Amercements, because they were not set by his proper Judge: But if he be Canoni∣cally convicted by his Ordinary, he shall make satisfaction accord∣ing to the quality of his Transgression and Discretion of the Or∣dinary.

    [ B] 5. If any Lay-man shall bring the Kings Prohibition to remove his Action from the Ecclesiastic to a Secular Court, let him be Excommu∣nicated, and if he doth not desist, then let his Land be Inter∣dicted.

    6. That any Jew, though Interdicted Trade and Communion with the Faithful, yet may be compelled to answer before an Ecclesiastical Judge; and whoever doth forbid or hinder him from so doing, let [ C] him be Excommunicated and Interdicted.

    7. Whoever shall forceably take away or kill any that have taken refuge in any Church or Church-yard, or shall hinder them from receiving any Victuals for their maintenance, while they are under Ecclesiastical protection, let them be Excommu∣nicated.

    [ D] 8. Whoever shall invade or infringe Ecclesiastical Goods or Liber∣ties, let them be Excommunicated by the Ordinary of the Place. And if they do persevere, let the places wherein they live be Interdicted; And neither of the Sentences to be released till they have made com∣petent satisfaction.

    9. If any Great Men shall violate the Priviledges of Sanctuary, ei∣ther by invading and carrying away their Goods; or by reproach∣ing, [ E] beating and evil treating the Religious, let them be so∣lemnly Excommunicated till they make Restitution and Satis∣faction.

    10. If any of the Kings Bailiffs shall in the vacancy of any Ca∣thedral or Conventual Church make any waste of the Woods, Warrens, Houses, Corn, Furniture, Tenths or Oblations appropriate to Bishop∣ricks and Monasteries, let them be Excommunicated. And if they per∣severe, [ F] let the Sentence denounced against Infringers of Magna Charta be solemnly pronounced against them, and upon contempt of these Censures let them be Interdicted. And if the King be competently admonished; and doth refuse to make restitution, let him be proceeded against as is usual in such Cases.

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    11. If any Itinerant Judge doth not accept of the Appearance of any Arch-Bshop or Bishop, by his Attourney or Proxy, but shall pro∣ceed to Distrein or Attach them, or doth not accept their Plea of long Possession to a Quo Warranto why they use their Liberties, but shall suffer their Persons to be Attached, and their Goods Distreined, let the Attachers and Distreiners be Excommunicated. And if they do not dismiss any Prelate, when he is required by the Arch-Bishop and Bi∣shops, let them proceed to Interdiction.

    12. If Justiciaries, or any Secular Judges shall by perverse interpre∣tation [ A] of Charters (saying they are void, because the Express [*] 5.273 Ar∣ticle or words were not in it) Defraud and Wrong any Church or Reli∣gious place of their Liberties, Goods and Possessions, let them be admo∣nished by the Ordinary of those places where such Judgment is given, that such a Sentence will be to the Churches prejudice: And if they do [ B] refuse to harken to such Admonitions, let them be Excommunicated and Interdicted.

    13. If the King, his Great Men, or any Capital Lords, or their Heirs, who have been Founders or Benefactors to Religious places, shall Distrein any Ecclesiastical Person, because he doth not Suit or Service to their Secular Courts, let them be proceeded against by the aforesaid Ecclesiastical Censures. [ C]

    14. If any Lay-Lord do hinder the Ordinary from distributing the Goods of any one that died Intestate, either for the payment of his Debts, or for the Maintenance of his Children or Parents, or for Pious and Charitable Ʋses, let him be Excommunicated; And also such as hinder [*] 5.274 Villans from making their Wills.

    The King [4] 5.275 wrote to the Pope to revoke these Provisions and Constitutions, as being made to the great Prejudice, Hurt and Da∣mage [ D] to the Rights of his Crown and Kingdom, and appointed two Proctors to transact this Affair with the Pope. But with what Effect I cannot say, but do believe they might be revoked, because I find them not put in practice.

    [ E] [ F]

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    Taxes in this Kings Reign.

    THe Parliament called at Northampton,* 5.276 in the Octaves of Holy Trinity 1224. granted the King two Shillings of every Plough [ A] Land; and the King granted to the Great Men Scutage, two Marks Sterling of every Knights Fee.

    The Parliament called at Westminster at Christmass 1224. granted the King a Fifteenth of all Moveables,* 5.277 as well of the Clergy as Laity of the whole Kingdom, for the Grant or Confirmation of Magna Charta. One half of this Fifteenth was Collected foon after Easter, and the other half was to be gathered Michaelmas following.

    [ B]

    A fortieth part of Moveables granted.* 5.278

    A. D. 1226. the 11th of Henry the Third,* 5.279 he wrote to the Bishops and Clergy to give him a Fifteenth of all their Moveables, as the Bi∣shops and Clergy of England had then done.

    King Henry compelled the Citizens of London to pay him Five [ C] thousand Marks,* 5.280 because they had given so much to Lewes late King of France, when he left England, and levied a Fifteenth.

    At the same time he took for an Aid from the Burgesses of North∣ampton Twelve hundred pound, besides one Fifteenth.

    He likewise forced all Religious and Beneficed Clerks to pay a Fifteenth as well out of their Spirituals as Temporals, and they [ D] which were unwilling to pay, were compelled either by the Kings Authority or Ecclesiastical Censures.

    Soon after the Religious and others had notice,* 5.281 that unless they renewed their Charters, the old ones should be of no advantage to them, and for the renewing every one paid according to his Faculty, at the Justiciaries Discretion.

    [ E] In the year 1230. Arch-Bishops, Bishops,* 5.282 Abbats and Priors gave a great sum of Money for recovering his Rights beyond Sea. At the same time he put the Citizens of London to a grievous Redemption, and forced the Jews to pay the third part of what they were worth.

    In the year 1231. the King required a Scutage of three Marks of every Knights Fee, of all that held Baronies,* 5.283 as well Laics as Pre∣lates. It was opposed by the Arch-Bishop of Canterbury, and some o∣ther [ F] Bishops, but agreed to by all others.

    On the 14 of September, in a Parliament held at Lambeth,* 5.284 a forti∣eth part of all Moveables, as well of Ecclesiastics as Laics was grant∣ed to the King, and was Collected the latter end of October following.

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    * 5.285A. D. 1235 He took two Marks of every Plough Land at the Mar∣riage of Isabel his Sister to Frederic Emperour of Germany, and gave with her Thirty thousand Marks. Quaere, Whether this was not the same which was granted Pat. 20 H. 3. m. 8. n. 12. That Tax was two Marks upon a Knights Fee.* 5.286 There was at the same time a Thirti∣eth of Moveables granted by the Bishops and Lay Great Men.

    * 5.287A. D. 1236. 21st of Henry the Third, he sent into Ireland to the Bi∣shops [ A] and Great Men there, and propounded the Example of the Bishops and Great Lay-men of England, who had given him Scutage two Marks of every Knights Fee for the Marriage of his Sister to the Emperor of Germany, and a Thirtieth part of their Goods.

    * 5.288Scutage two Marks of every Fee granted by Arch-Bishops, Bishops, Abbats, Priors and other Ecclesiastical Persons, &c. 'Tis very pro∣bable, [ B] this was the same Scutage which was given for the Marriage of his Sister to the Emperor.

    * 5.289A. D. 1237. A Thirtieth part of all Moveables was granted to the King.

    * 5.290In the year 1242. about Michaelmas the King required Scutage three Marks of every Knight through all England. So Paris, but as [ C] others only twenty Shillings.

    * 5.291In a Council held at London three Weeks after Candlemass, twen∣ty Shillings of every Knights Fee was granted to the King for the Marriage of his Eldest Daughter, one half to be paid at Easter, the other at Michaelmass following.

    * 5.292The Clergy grant the Tenth of Ecclesiastical Revenues for three [ D] years, and the Nobility or Knights three Marks of every Knights Fee, for the relief of the Holy Land, upon his Confirmation of Magna Charta.

    * 5.293Cart. 51 Hen. 3. m. 10. Cedula. Three years Tenths of all Church Revenues granted to the King by the Pope.

    * 5.294Cl. 54 Hen. 3. m. 11. Dors. A twentieth part granted to the [ E] King.

    [ F]

    Page [unnumbered]

    Ireland and Irish Affairs.

    KIng Henry by his Counsellors in the [1] 5.295 first year of his Reign, [ A] (he being then but nine years old,) or by William Marshall his Governor, to gratifie the * 5.296 Irish for their firm Loyalty, to his Fa∣ther, and himself, Granted out of his special Grace, that they and their heirs for ever, should Enjoy the Liberties granted by them to the Kingdom of England, which were written and sent sealed thi∣ther, under the seals of the Popes Legat, and William Earl Mar∣shal, the King then not * 5.297 having a Seal of his own.

    [ B] In the seventh year of his Reign, upon complaint made by the Citizens of Dublin against their [2] 5.298 Arch-Bishop, (who was then the Kings Chief Justice,) for proceeding against the Laws and Customs of the Nation used in all places of England; and for his Ʋsurpation upon the Rights of the Crown, against his Trust, and Duty, as Chief Justice, in drawing several causes, belonging to the Kings Temporal Courts, to his Ecclesiastical Courts, to Enlarge his Jurisdiction, to the Grievance and Dishonour of the King. There [ C] was a [3] 5.299 writ sent to him to forbear such things for the future, or that he would be severely dealt with for such practises.

    In the 11th. of his Reign [4] 5.300 there was a Writ sent to Geofry de Marisco Justice of Ireland for observing the same Customs and Law there, for taking persons continuing Excommunicate by the space of forty days, upon the Arch-Bishops and Bishops Certificate by a Capias Excommunicatum, as was used in England.

    [ D]

    In the 12th. of his Reign he wrote to [5] 5.301 Richard de Burgh his Justiciary, to call together the Arch-Bishops, Bishops, Abbats, Priors, Earls, Barons, Knights and Freetenents, and his Officers in Every County, and cause the Charter of King John to be read before them, and then to injoyn them to the strict observation of the Laws contained in it.

    [ E] In the 15th. year of his Reign about [6] 5.302 July, an Irish King of Conaught, knowing, that the King, William Marshal and Mau∣rice Fitz-Gerald were gone over into France, so that Ireland was left without any great force to Defend it, raised a mighty Army, or rather a great number of people, and entred into the Domini∣on of the English, spoyling and Burning the Country; The news whereof was brought to Geofrey de Marisco, (then Deputy Justicia∣ry), and he calling to his assistance, Walter Lacy and Richard Burgh, raised a considerable force, with which he fought and beat [ F] the Irish, killed twenty thousand of them, and took their King Prisoner.

    In the 19th. of his Reign the [7] 5.303 King issued a writ to Mau∣rice Fitz-Gerald his Justiciary, for free Commerce and Trade, be∣tween his Subjects of both Nations, without Restraint.

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    The next year [8] 5.304 he wrote to the Arch-Bishop of Dublin, and his justiciary, for the Observation of the Statutes of Merton espe∣cially concerning Bastardy, and in a Case then depending before them.

    In the 24th. of his [9] 5.305 Reign the King sent instructions under his seal, how lands holden in Knights service that Descended to Sisters Coheirs, should be divided, and how and by whom Homage should be done, and in what manner, and of whom the younger [ A] Sisters should hold according to the Statute of Ireland made the 14th. of his Reign.

    In the 29th. of his Reign, the Welch putting King Henry to great Trouble, he intended wholly to destroy them, [1] 5.306 and sent to Maurice Fitz-Gerald his Justiciary, to come to his assistance with [ B] forces out of Ireland, who not coming so soon as he was expected having a fair and prosperous wind, was put out of his place of Justice, and John Fitz-Geofry de Marisco substituted in his stead.

    In the thirtieth of his Reign, he [2] 5.307 directed a Writ to the Arch-Bishops and others in Ireland, that the Laws of England should be strictly observed in Ireland, as King John his Father had formerly commanded. [ C]

    Yet notwithstanding this Command, this privilege of using the English laws in Ireland, was [3] 5.308 never intended by King John or King Henry, that it should extend to all the native Irish, but only to the English Inhabitants, transplanted thither, or there born; and to such native Irish, as faithfully adhered to these Kings, and the English in Ireland, against the Irish, that complyed not with them who were not to receive any Benefit by them. [ D]

    The King in the 38th. year was in Gascoigne, and wanting Forces [4] 5.309 sent his Writ to John Fitz-Geofry his Justice of Ireland, to come to him in person, with a good number of Men, if there were no danger of an insurrection in Ireland, otherwise to send Maurice Fitz-Gerald with the same force, and to borrow Mony from the Popes Collector in Ireland for that affair, with his consent, to be re∣paid him at a certain day. [ E]

    Prince Edward had the Kingdom of Ireland Committed to him for his support, with power to make, put in and out what Justi∣ces and other Officers he pleased; when the Barons were at Oxford and had made their provisions in the 42d. year of this Kings Reign, he [5] 5.310 wrote to the Arch-Bishops, Bishops, Abbats, Priors, Barons, Knights, &c. That he heard his Son intended to make a new Justice there, and put his Castles into such hands, as it might be great [ F] Damage, and not without fear of their Disinheriting, and therefore Commands them not to be obedient, to any such Justice, Constables or Keepers of Castles, made or appointed without his Letters Patents by assent and advice of his Council.

    After the same manner, he wrote to all Majors and Communities

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    of Cities and Towns in Ireland, and to the Constables of Castles, and Commanded Alan Zousche his Justiciary not to obey, or give up his Authority to any new Justiciary or Constable that should come with∣out his Letters Patents.

    The King wrote to the [6] 5.311 Arch-Bishop of Dublin, the Bishop of [ A] Meath his Treasurer; Walter de Burgh, and Maurice Fitz-Maurice Gerald, that he heard there was like to be great Dissention between the great Men of Ireland, and therefore ordered them to secure the peace of that Nation, and sent them further private instructions by Roger Waspail who carried these Letters, to whom he Command∣ed them to give credit.

    This is all I find worth noting concerning Ireland, in this Kings [ B] Reign, who appointed Couragious Justiciaries, and other Officers, by whose industry, and by putting the English Laws in Execution, that Nation was kept in peace and quiet.

    The Issue of King Henry the Third.

    [ C]

    EDward his [1] 5.312 Eldest Son, by Queen Alienor of Provence, who was King of England after his death, was born at Westminster upon the 16th of June 1239.

    Edmund his Second Son by the same Queen, [2] 5.313 born January 16th A. D. 1245. in the Thirtieth year of his Fathers Reign: He was Earl of Lancaster, Leicester, Derby, and Campaign, Lord of Monmouth and [ D] Steward of England.

    There are by some four more Sons named, but if he had them, they died young.

    Margaret his [3] 5.314 Eldest Daughter was Married to the King of Scots, Alexander the Second, a Child of nine years old.

    [ E] Beatrice his Second Daughter, so named of her Grand-mother Beatrice Countess of Provence, was [4] 5.315 born at Bourdeaux in Gascoigne on the 25th of June A. D. 1242. and was Married to John de Dreux Duke of Britain in France, and Earl of Richmond in England.

    Katherine the Third Daughter was born [5] 5.316 at London, on St. Ka∣therines day, or the 25th of November A. D. 1253. and died at five years of Age.

    [ F]

    Notes

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