176. l. 8. r. Wauz f. 188. l. penult r. Tosti f. 189. l. 20. r. Daubin f. 191. l. 42. r. Praefectures Ibid. note l. 5. r. Saâ—rapa f. 205. in marg against the figure 6. r. Doctorem f. 207. l. penult r. three f. 213. l. 34. r. fifth f. 248. l. 43. r. Mauley f. 255. in note k r. Oppidani f. 301. in marg A. r. Blaye Ibid. in marg C. r. Serres f. 307. l. 3. r. Britans f. 314. l. 15. dele against it f. 318. l. 17. r. Ansâ—betil f. 348. l. 43. insert Wireliacum f. 384. l. 29. dele Smade f. 466. l. 16. r. Consilio Regâ—i f. 477. l. 21. after upon insert him f. 514. l. 2. after Castle insert of Cambridge f. 524. l. 15. r. Servientes f. 549. l. 20. r. arrived f. 575. l. 42. r. He. f. 592. l. antepenult r. what f. 613. l. 21. after would r. not take effect f. 627. r. Esparnier f. 646. l. 16. after not said dele who A Catalogue of the Authors used in this History with an account what they were when they wrote and where to be found JVlii Caesaris Commentaria Lugduni Bataâ—orum 1651. Historiae Augustae Scriptores Sex Lug. Bat. 1661. Lipsius his Tacitus Antverpiae 1648. Tacitus [1] Cluveâ— lib. 1. Antiq. German fol. 3. 88. he was Procurator Belgii was Equestris Ordinis amongst the Romans and employed in many publick Offices in the Empire He wrote his Book de Moribus Germanorum 100 years after Christs Birth and about 130 years after Caesar wrote his Commentaries Suetonius per Schildium Lugd. 1656. Herodian Printed by Stephans 1581. He flourished about the year of Christ 224 in the time of Alexander Severus the Roman Emperor Amianus Marcellinus [2] Am. Marcel Histor in fine Testimon ante Histor impress Lugd. 1591. he was a Greek and a Soldier in the Roman Army under Constantinus and Julian in Gallia and Germany a constant Companion of Vrsicinus in the Wars of Europe and Asia He wrote thirty one Books of History and began with Nerva where Tacitus left off whom he strove to imitate Of which the thirteen first Books are lost the other eighteen remain beginning in the eighteenth year of the Empire of Constantius Son of Constantine the Great Anno Domini 354. and ending [3] Chronol Marcell in fine Historiae with the Death of the Emperor Valens Anno Domini 378 and of his Empire the fourth Eutropius [4] Eutrop. ib. 10. de se was a Greek and Contemporary to Marcellinus and a Soldier under Julian the Emperor and was with [5] Vineti Epistola ante Eutrop. Basil 1554. him in his expedition against the Parthians Anno Domini 363 and wrote his Breviarie [6] Testimon ante Marcell Lugd. 1591. of the Roman History at the Command of Valons the Emperor unto his Time Cassiodorus was [7] Trithem p. 94. Senator of Ravenna Consul of Rome and Chancellor to Theoderic King of Italy afterwards leaving the world was made a Monk and Abbat of a Monastery in Ravenna he was born Anno Domini 480. and dyed Anno Domini 575. Amongst other thing he wrote in twelve Books various forms of Epistles and Creations of Magistrates and other things according to the use of those times he lived in Gregory Bishop of Tours [8] Histor Frank. Vet. by Marquard Freâ—er Hano A. D. 1613. flourished in the time of Maurice the Emperor about the year of our Lord 600. and wrote ten Books of History besides other things In the beginning of Corpus Beda [9] Trithem p. 107.108 a Benedictin Monk of Wiremuth he wrote very many Books and Treatises amongst the rest the Ecclesiastical History of England he dyed Anno Domini 732. according to Pitsius [1] Pitâ—us p. 119. 734. aged Seventy two years Alcwin [2] Helvic A. D. 780. fol. 114. a Domestic in the Family of Charlemaign his great Familiar and as some say Preceptor to him by whose advice he founded the University of Paris A. D. 791. or 792. according to Isaac-son He was Bedes Scholar A Ms Book in Caius Coll. Library says he wrote Charlâ—mâ—igns life and only such things as he saw and was present at as he says in his Prologue Eginhartus [3] Vid. Tit. istius libri Advenâ— in Histor Bojo f. 181. Chancellor or Secretary to Charlemaign wrote four Books of his life Printed in Quarto at Lipsig without date and in Fol. amongst the Veteres Scriptores German Hanoviae 1619. This is the same Book that bears the name of Alcwin and these might be divers names of the same person for Eignhart weary of the world [4] The lives of the Authors in the 1 st Vol. of old Germ. Writers built a Monastery at Selingstat in the Dioecese of Ments and was the first Abbat of it whence he might take upon him the name of Alcwin he was living after Charles the Great in the Reign of Ludovicus pius Aimonius [5] In Aimonius his Epistle Dedicatory wrote four Books de Gestis Francorum of the Acts of the French and drew down his History to Pipin Father of Charles the Great The whole fifth Book and part of the fourth though they bear his name were wrote by others He lived about the year 872 and upwards Adelmii or Ademarii [6] At the beginning of Corpus Hist Fran. Printed at Franckfort 1577. a Benedictin Monk a Contemporary to or one that lived not long after Aimonius He wrote the Annals of Pipin Charles the Great and Ludovicus Pius Kings of France Others think they were wrote by Acwin an English Deacon a Domestic of Ludovicus Pius and Praeceptor to Charlemaign Wilichind a Monk of the Abby of Corbey a German wrote from the beginning of the Saxons to the Death of Otho the first Emperor of Germany Anno Domini 973. Corbey Abbey was built by [7] Sigebert de vita Witich Theodoric de Neim f. 803. B. Charlemaign in the Circle of Westphaly near the Weser and the Abbot thereof [8] Mercator in Circulo Westphalic Trithem p. 130. is one of the Ecclesiastic State or order of that Circle Dudo Dean of St. Quintins in Picardie He [9] In Praefat. Hist Script Norman wrote the Lives of the three first Norman Dukes or Earls Rollo William the First his Son and Richard the First Williams Grandchild He lived in the time of Richard the First who [1] In the Hist f. 158. B. dyed in the year 1002 and began his History at his Command and finished it after his Death by order of Richard the Second his Son Wippo was Capellane [2] De seipso in Praefat. in Vit. Conradi c. to Conradus Salicus who was chosen Emperor Anno Domini 1024. and wrote his life and such things only as he saw and heard from very credible persons amongst the German Historians put out by Pistorius and printed at Frankfurt 1607. Gulielmus [3] Gemet lib. 7. c. 44.
Pictaviensis wrote the Acts of William the Second Duke of Normandy and King of England commonly called the Conqueror he was first a Soldier [4] Order Vit. f. 503. D. f. 504. A. afterwards a Priest and a long time Chaplain to William and Arch-Deacon of Lisieux he wrote such things as he saw and was present at but ended [5] Ib. f. 521. C. his History in the year 1070. Ingulphus [6] Hist Croyland f. 513. b. n. 40. ib. f. 514. lin 3. Abbat of Croyland sometime Secretary to William the Conqueror when Duke of Normandy whose Father also had born Office in the Court of Edward the Confessor He wrote the History of Crowland Abbey [7] Ib. f. 518. b. 11.20 and as they fell in many other matters he Translated many Charters and Chirographs out of Saxon into the Latin of those times wherein he renders many Saxon words and things by the legal phrase and Dialect of the Normans He was installed [8] Ib. f. a. 515. lin 8. Abbat 1076. and wrote some part of his History at least after the Survey finished for he [9] Ib. f. b. 516. n. 10. took a Copy of the Lands belonging to Croyland Abby out of it Gulielmus Gemeticensis [1] Order Vit. Prolog li. 3. f. 458. A. a Monk of Gemeticum now Jumegies a Monastery in Normandy abbreviated Dudo and wrote the Acts of the succeeding Dukes and [2] The Epistle to Duke William f. 215. A. B. Dedicated his work to William the Conqueror The Acts of Henry the First imputed to him were probably wrote by some other Sigebertus [3] Rob. de Monte A. 1113. Gemblacensis a French man born and Benedictine Monk of Gemblours in Brabant he wrote a Chronography from the year 381 to the year 1112 in which he dyed it being continued by Robert [4] Trithem p. 150. de Monte to the year 1210. Paul the Deacon or Warnefrid a Monk of Cassino now St. Germano in the Kingdom of Naples by Nation an Italian or Lombard [5] Sigebert de Script Ecclesiast c. 80. for his Learning was called into the service of the Emperor Charles the Great Florentius [6] Bal. de Script Ang. Cent. 2. c. 66. Bavonius a Monk of Worcester wrote a general History from Adam unto the year 1118 which was continued unto the year 1141 by another Monk of the same Monastery and dyed 1119. 19 o. Hen. 1 mi. Eadmerus [7] Selden praefat ad Eadm f. 1â—â— ex Pits Aetate 12.199 Surnamed Canter or Chanter born in England a Monk of Canturbury of the Order of St. Benedict afterwards Abbat of St. Albans and lastly Bishop of St. Andrews in Scotland was a great friend and intimate of Anselms Arch-Bishop of Canturbury a companion with him in his Exile and privy to all his Counsels and actions he was [8] Simon Dunelm 1121. made Bishop of St. Andrews 1121 in the 21 st year of the Reign of Hen. 1 st and was a Monk of Canturbury in the Conquerors time being in the company and presence of Arch-Bishop Lanfranc when he received the first news of Williams Death as he testifies of himself f. 3. lin 42. Ordericus Vitalis a Monk [9] F. 548. A. 824. A. B. c. of Vticum or the Monastery of St. Ebrulf now St. Eurole in Normandy born in England Anno Domini 1075. and lived 67 years At [1] Praefat. ad Script Norm eleven years old was entred into that Monastery A. D. 1086. and there lived 56 years his History is chiefly Ecclesiastic but intermixt with much secular Story and continued unto the year of our Lord 1121. He dyed An. Dom. 1142. Simon [2] Selden in Prâ—fat ad Script X. Antiqu Dunelmensis ended his History Anno Domini 1130. in the 30 th year of Hen. the 1 st and Dyed not long after he was a Monk and Prâ—centor of that Church of Duresm and a Learned Man in that Age but transcribed much out of Florentius of Worcester The Continuer of Florence [3] By his own testimony f. 672. in fine a Monk of the same Monastery who continued his History from the year 1117 to the year 1142 he lived and wrote in the time of King Stephen William a Benedictine Monk of Malmesbury Dedicated his History to Robert Duke of Glocester Natural Son to Henry the First who began to Reign Anno Domini 1100 and dyed 1135 he wrote unto the year 1144 as appears in his [4] Toward the later end Novels he wrote from the first coming in of the Saxons to his own time Henry Arch-Deacon [5] Balaeus f. 192. of Huntington wrote a History of the Kings of England and retired to Rome and lived there some time for that purpose He was in his time accounted a Learned Man and continued his History unto the year 1154 he flourished in the Reigns of Henry the First and King Stephen After whose Death he only mentions the coming in of Hen. 2 d. and so ends his History and took much of his History and Transcribed in many places Florence of Worcester verbatim Roger de Hoveden [6] Selden in Praesat X. script antiq He was one of the Kings Domestic Clercs Ben. Abb. p. 60. b. in fine was a Priest in Oxford and a Domestick in the Court of Henry the Second in many or most things he followed and transcribed Simeon Dunelmensis and added many things out of other Authors and wrote well and faithfully he wrote the Annals and memorable passages of the Romans Saxons Danes Normans and English to his own time Quadrilogus or the Author of the Book Intituled [7] In the Prologue de Vita processu Sancti Thomae Cantuariensis Martyris Super libertate Ecclesiastica Collected it out of four Historians who were Contemporaries and conversant with him in his height of Glory and lowest Depression viz. Herbet de Hoscham Johannes Carnotensis William a Monk of Canturbury and Alan Prior of Tewkesbury and they are brought in or named as Relators of matter of Fact interchangeably Printed at Paris by Master John Philippi an Alman in the Street of Saint James In fine istius libri at the Sign of St. Barbara Anno Domini 1495 on the second of April The Pages are not numbred nor but few of the Chapters Gervase the Monk of Canturbury commends his Readers to three of these in his Relation of the Acts of this Thomas Col. 1637. n. 40. for their further satisfaction viz. to Herbert John and William and in the Acts of the Council of Clarendon and Northampton in Labb Tom. 10. Col. 1425. 1433. c. and others This Book is much used by the Name of Quadripartita Historia Ranulphus de Glanvill [8] Sub effigie Claud. D. 2. Chief Justice of England in the time of Henry the Second wrote de lâ—gibus Consuetudinibus Angliae These in a Ms. Book in Cottons Library are Intituled Henry the Seconds Laws [9] Hoved.
Grand Customer no Body that considers what [9.] Lib. 2 de Gest Reg. f. 44. b. n. 20 30 c. Malmsbury and other ancient Historians report of the Confessor that he was a weak easie man Edward the Confessor unfit to make Laws not fit for Government will ever believe he could contrive a System of Laws and so adapt them to the Genius and Humour of the Normans that they should quit their own and receive new Laws and Customs from him if it were not almost a Contradiction to call a Custom new I need not say more to satisfie any judicious Person that the Grand Customer of Normandy was the Law of that Country and not made by Edward the Confessor or carried over from hence by the Conqueror and shall therefore leave it with this farther Remark That if any men be more affected with Traditional than written Laws this Book hath that advantage likewise For [1.] Grand Custom 2d part fol. 69. before and after that Charles the Simple gave Normandy to Rollo and his Northern People unto the time of Philip [2.] Ibidem A. D. 1203. or thereabouts the August who caused them first to be put in order and written The Customs contained in it were a [3.] Epistle to the Custom of Normandy collected by George Lambert c. printed at Roven 1588. Cabal Traditional and unwritten for at least 800 years and were imposed upon his Subjects of England by William called the Conqueror But what answer would Sir Edward have made if he had been asked whether William did not also carry our Laws into old Germany for there in Normandy and England were in a great measure the same Laws only the Normans used a more formal and perhaps rigorous and strict method in the Practise and Execution of them which they brought hither From these Observations concerning the Laws in use at and presently after the Conquest I proceed to Authority Proof from Authority that our Laws were not the Norman Laws and undoubted Testimony of such as lived in or near those times for without Authority some men will not be satisfied Eadmer [4.] Hist Novor fol 6. n 10 20 30. writes that William designing to establish in England those Usages and Laws which his Ancestors and he observed in Normandy made such Persons Bishops Abbots and other Principal men through the whole Nation who could not be thought so unworthy as to be guilty of any Reluctancy or Disobedience to them knowing by whom and to what they were raised All Divine and Humane things he ordered at his pleasure and after the Historian hath recounted in what things he disallowed the Authority of the Pope and Archbishop he concludes thus But what he did in Secular Matters I forbear to write because it is not my purpose and also because any one may from what hath been delivered in Divine Matters easily guess what he did in Secular Somewhat also to this purpose Ingulphus [5.] Hist Croyland f. 512. a. b. All Earldoms Places of Honor and Profit given to the Normans informs us that by hard Usage he made the English submit that he gave the Earldoms Baronies Bishopricks and Prelacies of the whole Nation to his Normans and scarce permitted any English man to enjoy any place of Honor Dominion or Power But more express and full to this purpose is the account we have in [6.] De Necessar Scaccarii observ de Murdro in M. S. Calo-Gonvil p. 35. a.b. Gervasius Tilburiensis of the Conqueror's dealing with the Natives more valuable than the Testimony of a hundred others which he thus delivers After the Conquest of the Kingdom and just subjection of Rebels when the King himself and his great men had viewed and surveyed their new Acquests there was a strict enquiry made who there were which fighting against the King had saved themselves by flight From these and the Heirs of such as were slain in Fight all hopes of possessing either Lands or Rents were cut off for they esteemed it a great favor to have the benefit of their Lives But such as were called and urged to fight against William and did not if in process of time they could obtain the favor of their Lords and Masters by an humble obedience and obsequiousness they might possess somewhat in their own Persons without hope of Succession their Children only enjoying it afterward at the will of their Lords to whom afterwards when they became odious they were every where forced from their Possessions nor would any restore what they had taken away When a commune miserable Complaint of the Natives came to the King that they thus exposed and spoiled of all things should be compelled to pass into other Countries at length after Consultation upon these things it was Decreed that what they could by their deserts and lawful bargain obtain from their Lords Perhaps from hence might be the Original of Freeholds or Copyholds of inheritance after the Conquest they should hold by inviolable right but should not claim any thing from the time the Nation was overcome under the Title of Succession or Descent * Ibidem Upon what great Consideration this was done it is manifest when as they were obliged by a studied compliance and obedience to purchase their Lord's favor so therefore whosoever of the conquered People possessed Lands or such like obtained them not as seeming to be their right by Succession but as a reward for their Merits or by some intervening Agreement What I have here delivered upon this subject may probably meet with great prejudice from such especially who have or may read Sir Edward Coke's Prefaces to his third sixth eighth and ninth parts of his Reports his reading upon the Statute of Fines or other parts of his Works Sir John Davis his Preface to his Irish Reports Mr. Nathan Bacon 's Semper Idem The late Learned Lord Chancellors Survey of Hobbs his Leviathan p. 109 110. And many other works of eminent Persons of the long Robe or indeed any of our English Historians and therefore I am necessitated to dwell the longer upon it That I may give all just satisfaction to such as desire to inquire into the validity of their Arguments and Authorities by which they would perswade The Arguments used to prove the Common Law of England was not the Norman Law nay convince the World that the Common Law and Customs in use and practice in their times were the same that were in the Saxon times and never altered or changed by the Conqueror And beyond them all [7.] Epistle to the sixth part of his Reports Sir Edward Coke concurs in opinion with Sir John Fortescue that this Nation in the time of the Romans Saxons Danes and Normans was ruled by the same Laws and Customs and that they were not changed by any of these People which he [8.] In Preface to the eighth part of the Reports affirms he hath proved by many
Fathers Lands and Lordships which his Brother had squandered away King Henry reassumes all his Fathers Lands in Normandy and by the Judgment of Wise Men he made those Gifts void which by imprudence had been bestowed upon ungrateful Persons He sent his Prisoners taken in the Battle into England and kept William Earl of Mortain and Robert de Stoteville in perpetual Prison and some others being inflexible notwithstanding he was importuned by Petitions Promises and great Offers yet could not be softned into a yielding temper Mat. Paris [2.] Fol. 61. n. 40. writes That King Henry passed over into Normandy with design to fight against his Brother the Duke in the year 1105. and Conquered Caen and Bayeux by the Assistance of the Earl of Anjou he should have said Main and many other Castles and that most of the Principes or chief Men of Normandy yielded themselves to him But in the [3.] Ibidem n. 50. same year he returned into England to recruit his Army that he might go back with a greater force In the year 1106. [4.] Ibidem Robert Duke of Normandy came to his Brother at Northampton requesting he might be restored to his Grace and Favour But God says the Monk consented not to an Accord between them yet Henry was smitten with the sense of a Cauterized Conscience in obtaining the Kingdom and began within himself to fear an Insurrection as it had been privately told him and the fulmination of Gods Judgments against him [5.] Ibid. fol. 62. lin 4. because he had usurped upon his elder Brother who had manifest Right to the Kingdom which he had too unjustly taken from him But fearing Men more than God he first bound the Noblemen to him by crafty Speeches and subtil Promises which in the end he * Ibid. n. 20. impudently violated [6.] Ibidem lin 6. Robert de Belism escaped from the Battle Thinking afterwards by the Foundation of an Abby to satisfie God for so great a Crime And then follows a confused Story of the Preparation to and Battle it self before mentioned From which Robert de Belism the Kings Mortal Enemy escaped by flight [7.] Ord. fol. 822. B. And would have brought the Earl of Main from the King and endeavoured to bring Elias Earl of Main off from the King by whose help he designed to restore Duke Robert again but finding him not to be drawn off [8.] Ibidem fol. 823. A. he then used him as a means to make his Peace with the King Robert de Belism is restored to his Paternal Inheritance which was granted and he was restored to Argenton Castle in the Bishoprick of Seez and all that was his Paternal Inheritance It fared not so well with Robert de Monteforti [9.] Ibid. C. An. Do. 1107. for King Henry called together his Proceres or great Men and impleaded him for breach of Faith having favoured the Dukes Title whereupon knowing himself guilty he got leave to go to Jerusalem and left all his Lands to the King And having thus subdued Normandy [1.] Ibidem fol. 831. D. An. Do. 1107. A great Council in Normandy by War he often called the Magistrates or Governors of the People to Court and both with fair words and threats moved them to behave themselves as they ought to do In the Month of January there was a Convention of the Proceres or Noblemen before the King and in [2.] Ibidem fol. 832. A. Another in which many necessary Laws were made March he held a Council at Lisieux and made necessary Laws to govern the People under him by the Consultation of the Magnates or great Men. And by his Royal Power having allayed the Tempests he easily kept Normandy in subjection [3.] Ibidem fol. 833. B. King Henry returns to England And thus prudently disposing the Affairs of that Country he went into England Where by the [4.] Eadm f. 49. n. 10 20. He redresseth many evil Practices there And punisheth them by pulling out of Eyes cutting off Hands and Feet c. Advice of Arch-Bishop Anselm and the Proceres or Noblemen of the Kingdom he redressed several evil Practices and began with his Court first It was usual in the time of his Brother that the Multitude which followed the Court committed wast and spoil wherever they came without controul and behaved themselves rudely towards the Wives and Daughters of the Country Men and others so as they fled from their Habitations upon the approach of the Court For Remedy whereof he Ordained by publick Edict That whoever was proved guilty of any of these Practices should have his Eyes pulled out or his Hands Peer or other Members cut off Which piece of Justice being executed in some deterred others from the like Offences He [5.] Ibidem n. 30 40. Coyners of false Money to have their Eyes pulled out c. also took notice what a great Grievance false and corrupt Money was to the Nation and Decreed That every one without Redemption that Coyned false Money should have his Eyes pulled out or be Emasculated Henry [6.] Ord. Vit. fol. 837. D. An Do. 1108. Henry endeavours to get William the Son of Duke Robert into his Custody thus Established in the Dukedom of Normandy and having his Brother Robert Prisoner in England by Advice of his Privado's Commanded his Son William whom he had for his Education committed to the Care of Elias de Sancto Sidonio should be taken into Custody and appointed Robert Beauthamp Viscount of Arches to do it when he came to the Castle of Elias the young Prince had made his escape whereupon he seized the Castle to the Kings use who gave it to William de Warrenna [7.] Ibidem fol. 838. A. His Tutor Elias carried him through many Countries and shew to many Persons the Elegancy of his Person and Excellency of his Parts moving the Affections and Compassion of all toward him Many of the Normans favoured him and wished he were in possession of the Dukedom by which they offended the King and rendred themselves suspected to him Especially [8.] Ibidem Robert de Belism who thinking upon the Affection and Kindness he had for the Duke and what Power he enjoyed under him above the greatest of the Normans Endeavours to set up William Son to Duke Robert endeavoured what he could to set up his Banished Son [9.] Ibid. B Robert and Elias consulted about this Affair and sollicited Lewis King of France William Duke of Poictou Henry Duke of Burgundy and Alan Prince of Britain and other powerful Governors of Countries to afford him Assistance At length [1.] Ibidem Fulke Duke of Anjou * Gemet lib. 8. C. 34. B. who had Married the Daughter and Heir of Elias Earl of Main promised him his Daughter Sibyl and with her the Earldom of Main and for a while gave him great encouragement But King Henry by Craft and Industry by fair
and New-Castell all seated near or upon the River Epta or Itta in the Confines of France and Normandy This enraged the King of * Ibidem f. 997. C. A quarrel between the two Kings about the Marriage of their Children France and his (a) King Lewis after the death of his second Wife within [2.] Rad. de Diceto Col. 532. n. 10. fifteen days Married Ala Daughter of Theobald Earl of Blois who had three Sons [3.] Chron. Nor f. 985. A. King Lewis his third Wife Ala Daughter to Theobald Earl of Blois Henry the elder who had the Earldoms of Troyes and Champagn and whatever his Father had beyond the River Seyn Theobald the second who had the Earldoms of Chartres and Blois and Le Dunois Stephen the third who had the Honour of Servicius in Berry What this Honours was I find not Wives three Brothers Henry Theobald and Stephen which three Earls joyned their Forces and began to fortifie Chaumont which was of the Fee of Blois Castle that from thence they might infest Tourain King Henry no sooner hears of this Design but immediately without calling together many Forces goes to frustrate it The Earls hearing he was coming left their Work He presently took this new Fortress and about 120 Soldiers in it and demolished it and then fortified Ambois and Freteval and placed Garisons in them and went to Mans where he kept his Christmass with Queen Alienor After [4.] Ibidem f. 997. D. An. Do. 1161. The King takes possessession of the Castles in Normandy this he took into his own hands all the strong Holds of the Earl of Mellent and his other Barons in Normandy and committed them to the Care of his Trusty Friends and repaired and strengthned all his Castles in the edge of Normandy toward France and well Manned them especially Gisors Theobald Earl of Blois [5.] Ibidem f. 998. A. did ill Offices and made Contention between the two Kings who after Easter drew their Armies into the Field one against the other to defend their Countries first in Le Veuxin afterward in Le Dunois He takes the strong Castle of Agen. every day expecting Battle at length they made Truce without Bloodshed From hence King Henry after Midsummer marched into Aquitan and besieged the famous Castle of Agen seated upon the River Garonn strengthned as well by Nature as Art and in a week made himself Master of it on * The Tenth of August St. Laurence-day to the admiration and terror of the Gascoins The [6.] Ibidem The King calls a great Council Complains of the Bishops and their Ministers c. King spent his Christmass at Bayeux and in the first Sunday in Lent he called together the Bishops Abbats and Barons of all Normandy at Roven and made Complaint of the Bishops their Ministers and their Viscounts and Commanded the * See Append. n. 15. Council of Lillebon should be observed Some time this [7.] Ibid. D. The Kings of England and France perform the Office of Yeomen of the Stirrup to Pope Alexader year the two Kings came together at a place on the side of the River Loir and received Pope Alexander with great Honour and performing the Office of Yeomen or Gentlemen of his Stirrup and afterward walking on Foot one led his Horse by the Bridle on the right side and the other on the left until they brought him to a Pavillion prepared for him by whose Mediation a firm Peace was made between them The King [8.] Chron. Gervas Col. 1382. n. 10. busied with Transmarin Affairs sent over his Chancellor Thomas to manage his Business in England and he brought with him Henry the Kings Son to whom the [9.] Rad. de Diceto Col. 533. n. 10. An. Do. 1162. The Bishops and Abbats swear Fealty to Henry Son of King Henry Thomas the Chancellor or Thomas Becket made Arch-Bishop of Canterbury Bishops and Abbats of all England by the Kings Command sware Fealty and Thomas the Chancellor was the first that did Homage to him saving his Faith to his Father so long as he should live or would continue King He came over in April or the beginning of May but what was done in England upon his coming I find not more than that by the Kings Command and Directions he was chosen Arch-Bishop of Canterbury in May and was Consecrated on the Octaves of Pentecost or Trinity-Sunday In December following [1.] Ibidem Col. 534. n. 20. Chron. Norm f. 999. A. An. Do. 1136. The King comes to England having composed all things in France He Commands a Recognition to be made of his Barons Rights in Normandy the King having ordered and setled his Affairs and provided for and furnished his Castles with Men Arms and Victuals in Normandy Anjou Aquitan Gascony Tourain and Main came to Barfleu intending to pass into England before Christmass but detained by contrary Winds passed that Solemnity with his Queen Alienor at Cherbourgh and in January they set Sail and landed at Southampton on the 26 th of that Month where he was received by almost all the Nobility with great joy [2.] Rad. de Diceto Col. 536. n. 10. The Kings of South-Wales and North-Wales do Homage to the King Before his coming over he Commanded Rotroc Bishop of Eureux and Raynald of St. Valery to make Recognitions in the several Bishopricks what Legal Rents Rights and Customs belonged to the King and Barons I can find nothing more of moment done this year [2.] Rad. de Diceto Col. 536. n. 10. The Kings of South-Wales and North-Wales do Homage to the King but that Malcolm King of Scots Rese King of South-Wales Owen King of North-Wales and all the greatest Men of that Nation did Homage to the King of England and his Son Henry upon the First of July at Woodstocke The Norman Chronicle adds [3.] F. 999. B. That he gave his Brother David and some of his Barons Sons Pledges for his good Behaviour or preservation of Peace and that the King might have such of his Castles as he pleased All the next year is wholly taken up with the Controversie between the King and Arch-Bishop of Canterbury and indeed there is very little else to be found in any of our Historians until after his death which happened in the year 1170. I shall here pass it by and reserve it to another place towards the end of this Kings Reign and then report it distinctly The Welsh notwithstanding their Homage and Oaths of Fealty made to the King and notwithstanding their Hostages given The Welsh unquiet [4.] Joh. Bromton Col. 1059. n. 10. An. Do. 1165. harass the Marches and make Incursions into England The King raiseth a great Army enters their Country and forceth them to crave Peace The [5.] N. 30. An. Do. 1166. next year also King Henry marcheth with an Army into Wales to confirm them in the observation of the Peace and then passed beyond
usage of those which came from Rome which very much abated the Hatred conceived against him and by his endeavors Peter Bishop of Winchester Hubert Earl of Kent Gilbert Basset Stephen Segrave and Richard Sward were reconciled to one another as likewise many others According to the [1] fol. 445. n. 30 40. 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 Monasteries or Castles The King guided by Forreigners and his Liberality towards them to be disposed of towards the defraying the necessary 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] Ibid. n. 50. Earl Richard represents to him the state of the Realm 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 Subjects of their Money and Goods and had inconsiderately bestowed 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 whereby he had so inslaved himself that He could do nothing in his Realm without his consent and was no longer [ ] fol. 446. lin 4. His principal Counsellors King but a Feudatary of the Pope His principal Counsellors and advisers in these things were John Earl of Lincoln Simon Earl of Leicester and Fryar G. a Templar all of them born within the Kingdom which rendred them the more odious to the Nobility of England 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 Norman Extraction On the 14th of September the King [4] Ibid. n. 30 40. A D. 1237. A Parlement assembled at York 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 An agreement between King Henry and the King of Scots After much consultation and debate it was agreed That the King of Scots should have Trecentas Libratas terrae a. It was but Two hundred pounds by the year as appears upon Record for Pat. 22. Hen. 3. M. 8. Thomas Muleton and others were appointed to set it out in the Counties oâ— Cumberland and Northumberland and such Lands upon which there was no Castles Dated March 16. 1238. Another Order to John Fitz-Philip and others to set them out Pat. 22. Hen. 3. M. 5. Dated May 29. Another Pat. 25. Hen. 3. M. 11. Dors to Hen. de Nokescn and others Dated Nov. 21. And another to the Bishop of Durham Pat. 26. Hen. 3. M. 9. to set out 200 pounds per annum in the Counties of Northumberland Cumberland and Westmerland according to an agreement made in Writing between the two Kings Dated Feb. 16. But that they were setled at last and that he was in possession of them it appears by Claus 36. Hen. 3. M. 23. Dors Dated Feb. 21. Three hundred pound Lands by the year in England 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] Ibid. n. 40. The Legate signifies his desire to visit Scotland The King of Scots Answer 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 remembred 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 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 violence and fury would not be restrained When the Legate heard these things The Legate alters his Thoughts he altered his thoughts of seeing Scotland and kept close to the King of England whom he found very obsequious in all things In the year 1238. King Henry at Christmass kept [6] f. 465. n. 40. A. D. 1238. Simon Montfort Marrys Alienor the King 's Sister his Court at Westminster and on the day after Epiphany Simon Montfort Married Alienor the Kings Sister the Relict of William Mareschal late Earl of Pembroke Soon after the [7] f. 466. n. 20 30 40. The Pope revoketh Otto his Legat in England His own contrivance to continue his stay Pope hearing great disturbances 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 reaped 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 When [8] f. 467. n. 10 20 30 40 50. The Nobility Stomached Montfort's Marriage Earl Richard rebuked the King for adhering to the Counsels of Forreigners Earl Richard and the Great Men heard that Simon Montfort had privately Married the Kings Sister Alienor they very 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 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 The Legat's advice to Earl Richard rejected 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 himself with Ecclesiastical Matters But would not have it seem strange to him that he was so
the year 1241. A. D. 1241. King Henry [8] fol. 548. n. 50. Otto the Popes Legat leaves England kept his Christmass at Westminster where he Knighted the Legat's Nephew and a Provincial and gave them plentiful Revenues Four days after the Legat received Letters from the Pope commanding him without delay to come to Rome After he had taken his solemn leave of the King 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] fol. 549 n. 20. His great Oppression and Extortion from the English Clergy 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 This year [1] 550. n 30. The Jews fined and forced to pay great sums to the King 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] fol. 554. n. 40 50. The Pope's demand of the Abbat and Convent of Burgh 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 likewise wrote to many Romans that were Beneficed in England to sollicite and further it by admonition if not to compel them to a complyance with his desires The Monks answered they could do nothing without the Kings consent who was their Patron and Founder The Monks Answer They refuse to comply 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 refused but desired they might not be pressed for an Answer till their Abbat came home and then they sent [3] Ibid. 555. lin 8. The King displeased at the practice of the Italian Clerc and acquainted their Abbat 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] Ibid. n. 30 40 50. A. D. 1241. Boniface the Queens Uncle elected Arch-Bishop of Canturbury Monks of Canturbury by the Contrivance and great industry used by the King in that affair elected Boniface Queen Alienors Uncle Archbishop of the placr who was approved of and confirmed both by the King and the Pope This year June the 27 Gilbert Earl Mareschal was [5] fol. 565. n. 30. Earl Mareschal slain in a Turnament at Hertford killed by the unruliness of his Horse after the Rains were broken in a Tournament at Hertford 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] fol. 566. lin 7. Peter 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] Ibid. n. 20. Midsummer day June 24th when Richard Earl of Cornwall and Poictou was in the Holy-land the King of France invested his Brother with the Honor of that Earldom This year [8] fol. 569. n. 50. Griffin treacherously deâ—lt with by his Brother David The Bishop of Bangor Excommunicates David Griffin the Son of Leolin Prince of Wales was treacherously 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 sâ—t at liberty When [9] fol. 750. lin 1. Griffin offers to become Tenent to King Henry for his liberty 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 rebellious Welch At the same time also Griffin the Son of Madoch the most potent Man of the Welch promised the King his utmost assistance if he would enter Wales with force The King having so advantageous an Offer made him joyfully accepted it and [1] Ibid. f. 570. n. 10. The King accepts the offer and prepares to enter Wales David affrighted into a Capitulation 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 Brother from his imprisonment and delivered him to the King whom He sent with several other Noblemen of Wales that were the Hostages of David and other Welâ—hmen to London under the conduct of John de Lexintun to be secured there in the Tower Eight days after 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] Append. N. 164. The King summons David Prince of North Wales to appear before him A. D. 1241. 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 before who were then beyond Sea that they might do Justice according to that form of Peace He came not but sent three Messengers one of which came to the King without power to do what was required Whereupon the King on the 19th of February Commands him by virtue of his Allegiance all excuses laid aside personally to appear at Shrewsbury on the Sunday before Palm-Sunday before such as he should send thither to transact that Affair On Sunday [3] Append. n. 165. next before the Invention of Holy Cross in the year 1241. that is before the 3 of May the day assigned to him and the Marchers to appoint Arbitrators in place of those beyond
f. 390. b.n. 20. He went with Richard the First into the Holy-Land and Dyed at the Siege of Acon A. D. 1190. Fitz-Stephen or Gulielmus Stephanides [1] Pitsius A D. 1190. This was written by Johannes Carnotensis were boâ—h one person and the very same with Gulielmus Cantuariensis the Monk of Canturbury above mentioned He lived in the year 1190 In the beginning of Richard the First his Book hath this Title Vita Sancti Thome Archiepiscopi Martyris Cantuariensis Ecclesiae and is to be found in Cotions Library under the Effigies of Julius A. XI Amongst other small pieces p. 113. the life of Thomas that goes under the name of Fitz-Stephen seems to have been wrote by John Carnotensis for in the Quadripart History what is wrote from him is often in the same words in that life attributed to Fitz-Stephen and never in William of Canturbury Gul. Neubrig [2] Bellarmin de script Ecclesiast p. 330. was born A. D. 1135. and continued his History to A. D. 1197. 8 o. Ric. 1. Gervasius Dorobernensis [3] Selden Praefat. ad Authores 10. f. 13. a Benedictine Monk of Canturbury he was living in the time of King John Anno 1200 and reputed a very good Historiographer having Collected a great many Historians from whom he wrote British Saxon and Norman Story He was made a Monk by Thomas Becket and ordained For speaking [4] Chron. Gervas Col. 1418. n. 10. of the Death of Thomas and his own respect to him he saith thus Mihi namque Monachatum concessit eo Anno quo ipse fuit in Archiepiscopum Sacratus ei professionem feci ipse me ad Sacros Ordines promovit Benedictus Abbas was Abbat [5] Pitsius in A. 1200. Gesta Hen. 2di In Bibliotheca Cotton Jul. A. XI of Peterburgh he wrote the Acts of Henry the second and the life of Thomas Becket Arch-Bishop of Canturbury and flourished in the year 1200 he began his History Anno Domini 1170. 16. Hen. 2 di Gervasius [6] Balaeus in Genturia â—tia de Gervasio Tilb. Tilburiensis or the supposed Author of the Red and Black Books in the Exchequer de necessariis Scaccarii observandis Dedicated to Henry the Second had his Name from Tilbury a known Town in Essex Seated upon or near the Thames Nephew of Hen. 2 d. and received much of his knowledge of the Chequer affairs from the Information [7] Vide ipsum lib. Ms. in Bibliotheca Caio-Gonvil Cantab. f. 41. a. of Henry Bishop of Whinchester who was Son to Stephen Earl of Bloys by Adela one of the Conquerors Daughters Nephew to Henry the First who gave him the Bishoprick and Brother to King Stephen This [8] Balaus ib. Gervasius was living in the time of King John 1210. He lived in Hen. First his time ib. 26. b. and had much of his knowledge of the Chequer from Roger Bishop of Salisbury ib. f. 27. b. and Nigell Bishop of Ely fol. 38. a. b. whose business he Transacted when infirm Radulphus de Diceto [9] Pitsaeâ—s in that year p. 282. Dean of St. Pauls London flourished about the year 1210 he was accounted an excellent Historian and a very diligent Collector in his Time Sylvester Giraldus Cambrensis [1] Pitsius A. D. 1210. a Welch-Man of the Illustrious Family of Barry as he says of himself lib. 1. c. 41. He was first Arch-Deacon of Brecknok then of Saint Davids and afterwards Arch-Bishop of Saint Davids he [2] Hanmers Chronicle of Ireland f. 168. was many years a Student beyond Sea from whence Hen. 2 d. called him home made him his Secretary and Tutor or Governor to his Son John and sent him with him into Ireland See lib. 2. c. 31. Amongst very many other works he wrote the Topography or local Description of Ireland ib. and the Conquest of it by the English and wrote what he knew and saw as he testifies of himself f. 808. lin 6. He dyed at St. Davids about the year 1210 and was there Buried He is to be found amongst the Ancient Writers of English Norman Irish and Welch Matters put out by Camden in one Volume Printed at Franckfort A. D. 1603 In the Proaeme of his second Edition to St. John f. 811. n. 40. he says he wrote when he was with him in Ireland clearly and distinctly what had been done by all the great Leaders and persons until they left the Nation Henry de Bracton [3] Origin Jurisd 10.56 in the Epistle to the Reader a Justice Itinerant 29 Hen. 3 d. A. D. 1245. skilled also in the Civil Law of the Romans wrote this Book toward the latter end of Hen. 3 d. of the Laws and Customs of England according to the Method of Justinians Institutions he also lived and was a Judge in Edw. 1 st his time A Survey of All the Manners belonging to the Bishoprick of Ely made in the 32 d. of King Henry 3 d. A. D. 1248. Chronica Normanniae [4] Scriptor Norman f. 977. containing many things referring to the English and French from the year of Christ 1139 to the year 1259 out of an old Book in the Library of the Canons Regular of St. Victor in Paris Published amongst the old Norman Writers by Andrew du Chesn Robert de Monte. Printed at Paris 1619. The Matter and words of this Chronicle unto the year 1161 are taken out of Robert de Monte who was Abbat of the Abby de Monte Michaelis in periculo Maris of Mount Michael upon the Sea-shore in the further part of Normandy next Britany he was esteemed a Learned Man and lived in the time of King Hen. 2 d. He continued Sigebertus Gemblacensis Matthew Paris [5] See the Testimonies of him before the Edition at London 1640. a Monk of St. Albans was Historiographer to Hen. 3 d. and received an Annual Stipend from him He dyed in the year 1259 and 43 d. of that King he was continued to the end of that Reign as is supposed by William Rishanger another Monk of that Abby who was also the Kings Historiographer and received his Stipend Ibid. Paris mostly in the beginning of his History Transcribed Roger Mendover his Predecessor Historian also to the King and a Monk of the same Monastery He wrote to the year 1225 and 20 th of Hen. 3 d. John de Bretton [6] Pat. 53. H. 3. M. 2. one of the Justices of the Kings-Bench in the 53 d. of Hen. 3 d. wrote a Book in Law French of the Common Law of England called Breton at the Command of Edward the First [7] Selden Dissert in Fletam p. 461.462 who had a purpose to make Law certain and to be put in writing and therefore caused Books to be made by the Judges and others most knowing Men in the Law whereof this was one Selden [8] Ib. p. 457.458 459. affirms Bracton and Bretton to be the same person whose Name was
or Member and then the Appellate being acquitted receded from that Appeal unless the Justices upon any other Suspition thought fit to retain him Of these Combats in Cases Criminal [5.] Selden de duello c. 11. some are for Tryal of Crimes against which the Law by (f) Segar in his [9.] Fol. 137. Honour Military and Civil gives several Instances of Combats granted by the Kings of England upon Accusation of Treasons between Party and Party when the truth of the Cause could not be proved by witness or otherwise ordinary course may proceed and of these the Justices of the Kings-Bench have the ordering Battel in Criminal Cases under the direction of the Kings-Bench Or Court of Chivalry others for Purgation of Offences against Military Honour and Treasons committed beyond the Seas anciently without Remedy by the Law of England which the high Court of Chivalry has cognisance of by Law of Arms. Those in Civil Causes were [6.] Dugd. Origin Jurid fol. 6. under the disposition of Itinerant Justices or the Justices of Common-Pleas In Civil Cases under the disposition of the Common Pleas. For the Bill of Challenge the Ceremonies in Arming the Combatants fitting and allowing their Weapons the preparing the Lists the Introduction of the Approver and Defendant of their Oaths upon matter of Fact which were contradictory word for word to one another the Office of the Constable and Mareschal and other Circumstances Preparatory to the Combat See old Customs of Normandy c. 68. Bracton lib. 3. cap. 21. Segar's Honour Military and Civil lib. 3. c. 17. fol. 131. Dugdale's Origines Juridiciales fol. 68 c. 76 c. where they are at large treated of And Spelman's Gloss in verbo Campus where is described the manner of Combat both according to the Mareschals or Military and also according to the Civil or Court of Common Pleas Tryal by Duel in Tothilfields A. D. 1571. as it was performed in Totil Fields near Westminster 1571. The whole Court of Common-Pleas being adjourned or translated thither from Westminster-hall Dier as Chief-Justice and all the Judges sitting upon a Tribunal there erected and all the Serjeants taking their places in their Solemn Scarlet Habits In a Writ of Right between Simon Lowe and Thomas Paramour for a Mannor and certain Land in the Isle of Harte by the Isle of Shepey in Kent This way of Tryal from the Lombards This way of Tryal by Combat as that of Ordeal and the Judgment of twelve men came to us out of the North [1.] Selden de duello from the Lombards who coming out of Scandia (g) * Selden de duello Scandia contained Norway Swethland Danemarke and other Regions North of high Germany over-ran the chief Countries of Europe and is thought to be instituted by Frotho the Third King [2.] Saxo. Gram. Ed. Francofurt fol. 86. n. 20. of Danemarke at the time of Christ's Bâ—rth who among other Laws made this that every [3.] Ib. fol. 77 n. 40. f. 81. n. 10. Controversie should be determined by the Sword And so pertinacious were these Northern People in this way of Judgment that it continued [4.] Olaus Worm monum Dan. f. 70. in Holsatia unto the time of Christian the Third King of Danemarke who began his Reign Anno Domini 1535. [5.] Ib. fol. 71. Luitprandus King of the Lombards attempted to abrogate this wicked Custom of Tryal by Combat but in vain And though he had heard that many had lost their Right by this sort of Judgment yet the Custom of his Country was such as he could not prohibit it Campiones a Campo From these Northern Nations we had both name and thing Campiones Champion says the Learned Spelman [6.] Gloss in verbo campus A Campo as Forensis a Foro and [7.] Monumenti Dan. fol. 62. Campio Champion a Kemp. or Kemp From whence Cimber Olaus Wormius tells us that he was called Campio or as we Champion whom the Danes called Kempe that is a Warrior or Gigant and the most Valiant or Stout man which the Danes or Northern People as suppose the Lombards or Scandians called Kemper the Romans according to their Idiom expressed by Cimber Writ of Right now become obsolete But whatsoever high Reputation a Writ of Right had as the highest Point of the Common Law of England for the Tryal of Propriety either by the Recognition of twelve lawful men or by Duel yet are [8.] Spelm. Gloss fol. 103. both these ways of proceeding now become almost obsolete and out of use But all things having constantly had their Execution from the Kings Writs and Commands let us see who and of what Quality they were to whom these were directed immediately and for some time after the Norman Conquest That they were directed to the Justiciaries of England or that they had power from the King either to make them out or to give order for their making out and direction to the Earls in their several Counties Vicounts Sheriffs or such as had the Power over and Government of Counties and places whither they were sent cannot be doubted And the first Justiciaries we find to be after the Conquest Norman Justiciaries were both Normans Odo Bishop of Baieux in Normandy half Brother by the Mother to the Conqueror Odo and William Fitz-Osborn Justiciaries and William Fitz-Osborn [1.] Gul. Pictav f. 208 D. who was Vice-Roy and had the same Power in the North that Odo had in the South was the chief in William's Army most dear to the Normans and therefore he knew would be a Terror to the English He [2.] Order vital 521. D. was Sewar of Normandy and had given him here the Isle of Wight and County of Hereford of whom more in the Life of William Next after them [3.] Order vital fol 493. B. William Earl of Warren in Normandy and a great Commander in the Battle against Harold and [4.] Ib 535. A. Richard de Benefacta alias Richard de [5.] Gemeâ— l. 8 c. 15. lib. Doomesday Tonebridge Son to Gilbert Earl of Brion in Normandy 1073. were made chief Justices of England who summoned to the Kings Court divers Rebels c. In the great Plea between Lanfranc and Odo before-mentioned Goisfrid Bishop of Constance Justiciary Odo Justiciary Goisfrid Bishop of Constance in Normandy was Justiciary and all those great men of England who were to cause the Sheriffs of every County to restore to the Bishops and Abbots their Lands which were taken from them to whom the before-noted Precept was directed were all Normans In the beginning of William Rufus [6.] Hen. Hunt â—ol 212. b n 40. Odo Bishop of Baieux and Earl of Kent was again Justiciary and chief of all England [7.] Malmsb. in W. 2. fol. 67. b. n. 30. William de Carilefo Bishop of Duresme succeeded him in this Office a Norman also and he was in
Normandy And not long after the King of France died Ibidem D. King Henry dies Leaves his Son to the care of Baldwin Earl of Flanders and Philip his Son a Child succeeded him between whom and the Duke there was always a firm Peace he being left by his Father under the Tuition and Protection of his Uncle Baldwin Earl of Flanders who was a great Assistant to William and whose Daughter [1.] Ibidem 183. D. Whose Daughter William had Married Matild he Married in the midst of these Tumults Insurrections and Troubles About the same time Galfrid * Ib. 188. D. Martell also died These Enemies dead he is at leisure to pursue his Design upon [2.] Ibidem 189. B. He claims Anjou Anjou to which besides the Gift of the King of France upon the conclusion of Peace between them after the Battle of Mortimer in Caux he had likewise a Title from Herbert Son of Earl Hugh whom Martel had Expelled He dying without Issue left William his Heir and willed his People they should seek for no other Lord but they set up Walter Earl of Mayn who had Married the Sister of Hugh [3.] Ibid. D. The Anjovins submit yet not long after being wearied with the Incursions of William they joyfully received him as their Lord. [4.] Gul. Pict 196. C. These Successes and the Fame of his Piety by founding endowing and advancing Churches and Monasteries spreading through France and the adjacent Countries brought a great frequency of Foreign Nobility to his Court as well Ecclesiastick as Secular some esteeming it a favour to be allowed to remain there others to observe and take Advice and some to enter into the Service of the Duke And it added much to his Glory that being at this time in an universal quiet [5.] Ibidem none daring to Arm against him that he provided for the security of Church and State [6.] Ib. 193. B. C. D. and 194. A. B. discouraging the Loose Luxurious and Prophane Ecclesiasticks encouraging the Sober Learned and Pious taking care also of the Cause of the Widow Poor and Fatherless by quickening the Execution of the Laws and where they were not sufficient for that purpose ordaining new ones In this Recess from War and Business He goes over into England See the Reign of Edward the Confessor and of Harold he went over into England as is related in the Reign of Edward the Confessor whither the course of this History is to be referred until the end of his Reign and also unto the end of the Reign of Harold This mighty Fame he acquired by these Actions and the opportunity he had given him [7.] Here in Ed. Confessor Of the easie Conquest of England The Clergy Ignorant and Debauch and Nobility Loose and Prophane c. of viewing and observing the chief Fortresses Cities and Castles when he was in England were no small Advantages towards the Conquest of it But that which made it easie and the Possession more peaceable were the irreconcilable Feud between Harold and his Brother Tobi the [8.] Malmsb vit Gul. 57. a. n. 54. ibid. b. n. 10. Mat. Par. vit Fred. Abb. 46. n. 30. Loosness Debauchery and Ignorance of the English Clergy and Nobility [9.] In the Manusc Book of Additaments fol. 79. b. citâ—d by Dr. Watts his Notes upon Mat. Paris fol. 3. the large Possessions of Religious Houses which if they had been in the hands of Temporal Lords would have enabled them to have made Resistance but being in their hands (m) William answered the Abbat of St. Albans giving him this reason of the easiness of the Conquest and quiet possession of England That if this were the cause the Conquest of England might be as easie to the Danes or any other that should make War upon him Ibidem and he should not know how to defend his Kingdom and thefore began with him and took away some of his large Possessions to maintain Soldiers for the defence of the Nation almost all his Lands and Lordships as 't is said there between Barnet and London Stone they neither would or ought to oppose him who they thought had right to the Kingdom And lastly The different and jarring Saxon Danish and Norman Interests which inclined them several ways See the Reigns of Etheldred Harold the 1st Harde-Cnute and Edward the Confessor the Saxon Nobility and People would have had Edgar Atheling the right Heir of that Line their King The Danish would have brought in Swain King of Denmark who claimed from Harde-Cnute and both perhaps against the Norman Interest as being lately introduced in the Reign of Etheldred by the Marriage of Emme except such as by the example of Edward the Confessor were inclined to and trained up in the Norman Modes and Customs Norman Bishops and Great Men before the Conquest who preferred many of that Nation to great Dignities so that in this time there was [1.] Scriptor Norman 1023. Robert Arch-Bishop of Canterbury William Bishop of London * In Append n. 9. al. Wulsus who obtained the Charter of the Liberties of that City from the Conqueror Vrsus Bishop of Dorchester in Oxfordshire the greatest Diocess in England all Normans Randulph Peverell in Essex Fitz-Scrobi in Salop Ralph Earl of East-Angles Danbin de Bear Hugolin his Chancellor and Steward Swein of Essex Alfrid the Yeoman of his Stirrop and many other Laicks Men of great Power and Reputation with the People who had several Employments here especially those placed to defend the Marches against the Welsh and called in for that purpose by Edward The Conqueror after the Battle of Hastings fatal to the English [2.] Pictav 204. C. D. The Conquerors March after his Victory at Hastings to Romney having buried his dead and appointed a stout Governor in that Fortress marched to Romney where having revenged himself of the Cruel Inhabitants so they are there called for the Slaughter of some of his Men by a mistake landing at that place he thence advanced to Dover whither though an innumerable Multitude of People had betaken themselves as to a place by reason of the Castle inexpugnable yet dismayed with the Conquerors approach the place with all readiness submitted to him Dover yields who after eight days Fortification of it marching from thence and leaving his sick Men there not far from Dover the Kentish Men of their own accord came in to him sware Fealty and gave Hostages for the performance of it The Kentish Men of their own accords come into William [3.] Ib. 205 A. B. c. Canterbury sends hâ—r submission Canterbury also sends her Submission and the next day he came to the Broken (b) In Latin Fracta Turris this place is somewhere in Kent and not far from Canterbury but where I know not Tower proceeding forward and understanding where Stigand the Arch-Bishop with the Earls Edwin and Morcar and others of the Nobility
some time Anselm received at Lions Letters from the King by Everard a Monk of Canterbury wherein the King owned that he did direct William to tell him that he was not to come into England unless he would promise to observe toward him all the Customs of his Father and Brother The [4.] Ibidem f. 78. n. 30 40 50. King again sends Messengers to Rome to try if they could prevail with the Pope to command Anselm to submit to the King but he was so far from it that he [5.] Append. n. 25. An Do. 1104. Anselm Excommunicates the Kings Counsellors Excommunicates by the Judgment of the Holy Spirit as he says all the Kings Counsellors and particularly Robert Earl of Mellent for advising the King to insist upon and put in practise his Rights of Investiture and those likewise which were invested by him but the Sentence against the King was [6.] Ibid. fol 78 n. 20. respited until further Consideration At length [7.] Ibidem fol. 79. n. 20 30 40 50. Anselm visits the Countess of Blou Anselm came from Lions to the Priory of St. Mary de la Charite upon the River Loire a Cell of Clugny where he understood that Adala Countess of Blois the Daughter of great King William lay sick at that Castle thither he goes to visit her who had been very kind and magnificently liberal to him in his former Exile as being an Holy and Religious Man and one that she had under God chosen to be the Director of her Life When he came to her he found her recovered of her Sickness and staying some days in the Castle wherein they had frequent Discourses she asks him the cause of his coming into France He told her it was to Excommunicate her Brother Henry King of England for the injury he had done to God and him above two years Which when she heard she grieved vehemently as the Monk says that her Brother should be damned She endeavours to reconcile the King and Anselm and intended to try if she could reconcile him to the Arch-Bishop To which purpose she desired him to go with her to Chartres The King [8.] Ibidem fol. 80. n. 10 20 30. The King dreads Anselms Excommunication was then in Normandy and when he had heard by Messengers from the Countess that Anselm was come into France and the reason of his coming he presently considered how to divert him from his purpose Therefore advising with his Friends he by Messengers requested the Countess that she would bring him into Normandy that he might speak with him promising he would for Peace sake condescend to many things he stood upon formerly They met all three on the Twenty second of July at Aquila Castle An. Do. 1106. The King and Anselm reconciled now l'Aigle and there the King after some Discourse had with them re-invested Anselm of all his Profits of his Bishoprick and they entred into their old Friendship And it was further urged by some who were earnest in that particular that he might return into England the King consented so as he would not withdraw his Communion from such as he had Invested or such as had câ—nsecrated them Anselm would not comply with the Kings desires But he chose rather to stay out of England than to submit to this Condition until such as by agreement between them were sent to Rome for a determination in this point and some others they could not then settle were returned Upon [9.] Ibidem n. 20 40. Many Designs formed against King Henry upon supposition he would be Excommunicaâ—ed the common Fame that King Henry was to be Excommunicated many designs were laid against him in England France and Normandy as not being then overmuch beloved and it was not doubted but after his Excommunication they might take effect yet by this Agreement they were all frustrated With which the King seemed mightily pleased and promised Anselm his Messengers should make such haste as he should be in England at his Court at Christmass The Kings [1.] Ibidem fol. 83. n. 20 30 4â— 50. Envoy to Rome was William Warlewast and the Arch-Bishop's was Baldwin a Monk While these were gone about the Consummation of the Agreement the King went into England to recruit his Army and furnish himself with Money King Henry used great Exactions to raise Money in the Collecting whereof he used cruel Exactions upon all Men. Those that had not Money to pay were either thrust out of their Houses or had their Houshold-Stuff sold But not having raised a sufficient Sum as he thought he fell upon the Clergy Especially upon the Clergy In the Council of London the Priests and Canons of England were forbidden the company of Women They many of them violated the Interdict either by retaining or re-taking their Wives or Women for this fault the King caused his Ministers to implead them and take the Money due for the Expiation of it But his Exactors finding the Sum this way raised to be less than they expected set a certain Sum upon every Parish Church and forced the Incumbent or Curate to pay it The Arch-Bishop [2.] Ibidem fol. 84. n. 10 20. The Bishops fall from the King of York and many other Bishops that were always firm to the King against Anselm provoked with these Actions wrote [3.] Append. n. 26. to him to come into England and use his power to relieve them and the Nation He wrote [4.] Ibidem n. 40. back to him that until the Messengers returned from Rome he could not help them not knowing till then what his power might be And withall [5.] Append. n. 27. wrote to the King That it belonged not to him to exact the Punishments and take the Forfeitures of such Priests who had not observed the Precept of the London Council For that it was never heard of in any Church of God that any King or Prince ever did so for it belonged to the Bishops in their several Diocesses and in case of neglect by them to the Arch-Bishop and Primat Several Letters [6.] Ibidem fol. 85 86. passed between the King and Arch-Bishop about this Controversie before the return of the Messengers from Rome into England who first acquainted the Arch-Bishop then in Normandy with their dispatch from Rome in which [7.] Append. n. 28. he had power given him by the Pope in all cases but that of Investitures to use his discretion The Letters they brought from the Pope bear date March 23. 1106. From Anselm [8.] Ibid. fol. 88. n. 50. Anselm falls sick at Bec. The King goes to him Warlewast came into England to the King and gave him an account of his Negotiation with the Pope and in few days returned to Anselm again to bring him into England but found him so ill at the Abby of Bec that there was no hopes of his coming so that the King went to him and arrived at
Thurstans intentions with request that he would not Consecrate him or Command or permit any one to do it unless the Arch-Bishop of Canterbury according to old Custom in which affair he promised to act no otherwise than the King would have him [8.] Ibidem n. 40 50. The King prohibits him coming into England of which Consecration when the King had certain notice he prohibited Thurstan and his Followers from coming either into Normandy England or any of his Dominions King Henry and the Pope met not long after at Gisors in the Confines of France and Normandy to [9.] Ibidem The Pope yields the King should enjoy his Fathers Customs Confer about this and other matters when he yielded the King should enjoy all the Customs his Father had in England and Normandy and chiefly that no Man at any time should be sent as Legat into England unless the King himself had some special Case or Plaint that could not be decided by the Arch-Bishop of Canterbury and other Bishops of the Kingdom and should desire him to send one Upon this Agreement [1.] Ibidem f. 126. lin 1. n. 10. The Pope would have absolved the King the Pope desired the King to be a Friend to Thurstan for his sake and to restore him to the Bishoprick to which he was Consecrated He answered he had engaged his Faith not to do it so long as he lived The Pope replied if he would do what he required he would absolve him from that Engagement The King said he would consider of that and acquaint him with his Resolution [2.] Ibidem They parted and the King by his Envoy answered That whereas he said he was Pope and he could absolve him from the Faith he had given He denies his Absolution if against it he should receive Thurstan as Arch-Bishop of York it seemed not agreeable to the Justice and Honour of a King to consent to such an Absolution But because he so earnestly desired Thurstan [3.] N. 10 20. should be admitted he granted it should be so if he would come to Canterbury and profess due obedience and subjection to the See and to the Primate in Writing as Thomas Gerard and a second Thomas had done before him which if he refused he should not be Bishop of York so long as he was King of England This I have promised said the King The King would neither acknowledge Thurstan Bishop of York or permit him to remain in his Dominions and pledged my Faith to make it good Arch-Bishop Ralph returned to Canterbury the Second of January Thurstan followed the Pope The King stood to his Resolution and would neither admit him to be Bishop of York or suffer him to remain in his Dominions Soon after Ralph Arch-Bishop of Canterbury [4.] Ibidem f. 130. n. 10 20. Eadmer made Arch-Bishop of St. Andrews his return to England Alexander King of Scots directed a Letter to him to send Eadmer one of his Monks and our very Author that he might be made Arch-Bishop of St. Andrews with the Kings leave the Arch-Bishop sent him and on the [5.] Ibidem fol. 132. n. 10 20. Feast of St. Peter and Paul was Elected and was invested or put in possession of the Bishoprick without receiving the Crosier or Ring from the King or doing him Homage but when he came to be Consecrated he would receive his Consecration no where but at Canterbury and standing upon other Punctilio's being somewhat of the temper of his Master Anselm And rejected for his stifness whose perpetual Companion he had been the King would none of him and so he returned again to Canterbury yet afterwards repenting himself he wrote a very [6.] Ibidem fol. 139. c. submissive Epistle to King Alexander In the Convention of great Men at Dover which came thither to meet and receive the new Queen [7.] Ibid. fol. 136. n. 30.40 An. Do. 1121. Thurstan obtained a Bull for the enjoyment of his Bishoprick there was Discourse of the difference between Ralph Arch-Bishop of Canterbury and Thurstan of York who had procured a Bull from the Pope after the same manner all things were obtained at Rome which commanded he should enjoy his Bishoprick under pain of an Anathema to the King and Suspention to the Arch-Bishop After great discussion of the Priviledges of the Church of Canterbury left the Punishment determined in the Popes Letters might affect the King or Arch-Bishop Thurstan was permitted to come into England and go to York but so as he should not Celebrate Mass out of his own Diocess until he had made satisfaction unto the See of Canterbury by abjuring the obstinacy of his Mind Calixtus [8.] Ibidem f. 137. n. 30 40 50. by the help of an Army having taken his Antipope Gregory spoiled him of all he had and thrust him into a Monastery and then being secure of the Papacy sent his Legats all the World over and gave to one Peter of a Princely Family a Monk of the Order of Clugny a Legantine Power over France Britain Ireland and the Orcades King Henry [9.] Ibidem f. 138. n. 10 20. The Popes Legat not admitted in England sent the Bishop of St. David's to Conduct him into England and when he came told him he could not part with the ancient Customs of England granted by the Pope of which one was That England was free and not subject to any Legantine Power with which Information and rich Presents he departed well satisfied not offering to execute his Commission On the Twentieth of October died Ralph Arch-Bishop of Canterbury [9.] Gervas Dor. col 1662. n. 30. An. Do. 1122. William Prior of St. Osith's chosen Arch-Bishop of Canterbury and by the Kings Precepts all the Bishops Abbats and great Men met at Gloucester on the Second of February following to fill that Vacancy where William a Benedictine Monk Prior of St. Osith's in Chiche was substituted in his place Gervase the Monk of Canterbury as all the Writers of this Age tell us That John de Crema Priest Cardinal and the Popes Legat whom the two Arch-Bishops received pompously held and presided in a Council at Westminster the Canons of which are to be seen in Simon Dunelm Anno Domini 1126. and in the Continuer of Florence 1125. and [1.] Ibidem Col. 1663. n. 40 50. adds That it was a thing never heard of since the first coming of Augustin that it was an unsual Novelty a Scandal to England and a grateing upon the Liberty of this ancient Kingdom which had never been subject to any Legantine Power The year following Arch-Bishop William as Arch-Bishop and Legat called and presided in a Council at Westminster The Canons of it are published by the Continuer of [2.] Fol. 662 663. The King confirmed the Canons of Councils Florence of Worcester which the King confirmed by his Royal Authority as he did likewise those of the Council the year before In
Flor. Wigorn. f. 673. Several Towns and Castles revolt to the Empress Milo to whom he had in the life of King Henry committed the Custody of that Castle having done Homage and sworn Fealty to him for it When the arrival of the Empress in England was certainly known several Towns Castles and Men of Note revolted and did Homage to her as their Queen after her coming to Bristol [9.] Malmsb. f. 104. a. n. 40 50. Hen. Hunt f. 22â— a. n. 50 Chron. Norm f. 977. A. B. Shrewsbury Town and Castle taken some of the Defendents Hanged The Governor of Dover affrighted with that Example yields the Castle Geffry Talbot with the City of Hereford declared for her Paganell and the Town and Castle of Ludlowe and a great part of Wales William Moiun and Dunster Castle Ralph Luvell and Castle-Cary William Fitz-John and the Castle of Harpetre all in Somersetshire Robert the Son of Alured of Lincoln and Warham Castle and Town all submitted to her and William Fitz-Alan with the Town of Shrewsbury which he quitted when the King came against it and left a Deputy in it who made Oath to him to defend it In few days he took the Town and Castle and Hanged some of the Prisoners which had such effect upon Walchelm Maminot the Governor of Dover Castle which the Queen then besieged that so soon as he heard it he yielded it to her The King marched with his Army from place to place and Castle to Castle endeavouring to take them in but where he had no hopes of doing it he built an Anti-Castle or Fortress commonly before the Gate at a small distance either to keep them in and so starve them or to prevent their going out in great Parties into the Country and so in a great measure preserve that from Plundring While King Stephen was thus employed [1.] Hen Hun. ibid. b. n. 10 20 c. Chron. Norm ut supra David King of Scots invaded England on behalf of his Niece the Empress David King of Scots with a great Army invaded Northumberland and the North Parts By the Direction and Advice of Thurstan Arch-Bishop of York and Walter de Espec a powerful Baron of Northumberland A great Standard in form of a Dragon was fixed at Alverton now North-Alverton in Yorkshire to which the Forces and Voluntiers of those parts resorted which were raised by the Industry Diligence and great Pains of the two Persons last named with their Friends A great accession of Force they had from William Earl of Albamarle William Peuerel of Nottingham Roger de Molbraio or Moubray and Ilbert Lacy. These with Walter de Espec under the Earl of Albamarle were the great Commanders The English kept close to their Standard the Scots charged them furiously and were received and beaten back and then charged by the English with great Courage and Resolution His Army Routed whereupon they fled and the English obtained a compleat Victory killing 10 or 12000 upon the place This was the famous Battle of the Standard The famous Battle of the Standard largely described by Richard Prior of Hagustald and of which Ailred Abbat of Rievall hath written a particular Tract The War in England between Maud the Empress and King Stephen managed with great Rapâ—ne and Barbarity Hence forward during all of this Kings Reign in most of the Historians we read of nothing almost but Fire and Sword Blood and Slaughter Rapine Plunder and Captivity One full Instance whereof I will give you from an Eye-Witness the Continuer of the Chronicle of Florence of Worcester The [2.] Contin Fâ—or Wigorn. f 671 673. A. D. 1139. Worcester burnt and taken Clergy and Citizens of Worcester had often received King Stephen with great Joy and Kindness They were told that their Enemies from Gloucester would suddenly come and Burn Waste and Plunder their City They were much terrified at the Report and Consult what to do The Result was They should betake themselves to the Protection of Christ and his Blessed Mother commit themselves to the Tuition of St. Oswald and Wulstan sometimes Bishops of that City Those that were present might see all the Citizens Goods carried into the Cathedral There was scarce room in the Monastery for the Clergy All the Hangings and Ornaments of the Church and Altars were taken down and laid aside The Clergy sang within the Church the Mothers and Children cried and lamented without On the Seventh of November on which day began a great Frost the City of Gloucester came with a great Army of Horse and Foot By these words it appears the Monk was then present to take spoil and burn the City of Worcester Nos autem saith the Monk timentes Ornamentis Sanâ—uarii benignissimi Patroni nostri Oswald reliquias Albis induti tota sonante Classe c. But we fearing the Ornaments of the Sanctuary carried abroad in our Surplesses the Reliques of our most benigne Patron Oswald with humble Procession the whole Quire and Company singing aloud and walking with them in the Church-yard from one Gate to another to the terror of our Enemies who attacked a strong Fortress on the South side of the City The Rapine of the Soldiers and were beaten off from thence they go and assault the North side where they enter and fire it in many places and burn a good part of the City but the greater part stood They had a very great Prey of the Citizens Goods and of Oxen Sheep Cowes and young Cattle and Horses in the Country They took very many in the Lanes and Streets and coupled them together like Dogs and carried them away and had they or had they not wherewithall to pay the Price put upon them they were compelled to pay such Ransom as by Oath they had promised On the Thirtieth of [3.] Ibidem f 673. The Earl Worcesters revenge for the destruction of that City The Earl of Worcester who he was November (a) The Earl of Worcester was Waleran Earl of Mellent now Meulan seated upon the River Seyn in Normandy [5.] Dugd. Baron Tom. 1. f. 225. col 2. Hen. Hunt f. 226. a. n. 50. he was made so by King Stephen and William de Bello Campo or Beauchamp of Elmly Castle in that County turned out who was Hereditary Castellan at Worcester and Sheriff of the County by Emelin his Mother Daughter and Heir of Vrso de Abeâ—ot the Earl of Worcester came to the City and when he saw how it was burnt was much grieved and perceiving what injury he had received gathered together some Forces and went to Sudley in Gloucestershire to be revenged upon (b) He was Son to Harold who was Son [6.] Ibid. f. 21. col 2. f. 428. col 2. Flor. Wig. f. 629. Anno Dom. 1055. John Fitz-Harold who he was to Ralph Earl of Hereford in Edward the Confessors time which Harold is to be found in Domesday-Book in Gloucester and Warwick-Shires noted thus Heraldus filius
That her Husband desired Earl Robert should go over to him He desires the Earl of Gloucester to go to him and that it was in vain to send others All present press him to go he excuseth himself upon the peril of the Journey and the danger might happen to his Sister in his absence They urge him again he is willing upon Condition he might carry with him Hostages or * These Pledges were the Sons or next Kinsmen of the Noblemen and were left with Geofry of Anjou He goes with Pledges c. Pledges as well for the security of the Earl of Anjou as his Sister That they should stay with her at Oxford and with all their force defend her They all assented to him and gave Pledges to be carried into Normandy Robert [3.] Ibidem â— 40. The Duke of Anjou makes Objections against his going for England taking leave of his Sister with his Pledges and a Guard went to Warham in Dorsetshire of which Town and Castle he had made his eldest Son William Governor from thence he set sail presently after Midsummer and landed in an Haven near Caen from whence he sent to the Duke of Anjou to come to him he came and made many Objections against his going into England The chief was That his stay in Normandy was necessary that he might take in many Castles which yet held out against him This indeed was a very weighty Objection at that time for [4.] Ord. vit f. 923. A. B. C. D. Chron. Norm f. 981. A. B. Mat. Westm f. 243. n. 50. Several of the Great Men of Normandy and several Towns and Castles submit to the Earl of Anjou and the Empress hearing of the Victory his Wiâ—e had obtained against King Stephen at Lincoln he went into Normandy and sent to the Noblemen to deliver their Castles to him as of right they ought Rotroc Earl of Mortaign in the County of Perche Hugh Arch-Bishop of Roven John Bishop of Lisieux and many other Bishops Abbats Earls and Barons and Governors of Towns and Castles submitted to the Government and Dominion of Earl Jeffry and Maud the Empress He had been and was then busied in reducing such as would not yield [5.] Malmsb. f. 109. b. n. 50. He sends his eldest Son Henry with his Brother the Earl into England This Objection caused the Earl of Gloucester to stay longer than he intended for that he might not leave him without Excuse he staid and assisted him in the taking of ten Castles yet he had fresh Objections by which he put off his Voyage into England but granted his eldest Son Henry should go with him to animate and encourage those that defend the Cause and Title of the just Heir In the mean time while the Earl was absent the [6.] Ibidem f. 110. a. lin 3. n. 10 20 30.40 King Stephen takes Warham burns Oxford Besiegeth the Empress in the Castle The Noblemen her Favourers Rendezvous at Wallingford to deliver her King suddenly came to Warham and finding it without a Garison plundered it and presently the Castle was delivered to him From hence he marched toward Oxford and three days before Michaelmass came unexpectedly upon the City and burnt it and besieged the Empress who was in the Castle only with her Domestick Servants and prosecuted the Siege so resolutely that he declared he would not leave it for the hope of any Advantage or fear of any Loss before the Castle was taken and the Empress in his power The Noblemen who undertook to defend her were confounded that they had been absent beyond their time came with a great Force to Walingford with intention to sight the King if he would come forth into the open Field but as he was lodged in the Town it was concluded they could not attack him the Earl of Gloucester had so strongly fortified it and made it Inexpugnable but by Fire The Earl comes out of Normandy Takes Warham Who hearing of this Siege in Normandy hastned his return He brought over with him in fifty two Ships three hundred Men at Arms and somewhat more They came to Warham and presently made themselves Masters of the Haven and Town and besieged the Castle which was defended by choice Soldiers the King had placed in it but after it had been battered a while with the Earls Engines and the Men wearied and affrighted they desired a Truce which was the Custom of those times while they sent to the King to desire Aid which if they received not by the day appointed they would deliver the Castle This was granted with hopes it might draw the King from his Siege of the Empress but the King would not stir The Isle of Portland and Lulworth Castle delivered to him whereof the Defendents having notice the Earl had at the same time this Castle and the Island of Portland delivered to him and a third place called Lullewerden now Lulworth Castle in Dorsetshire From thence he marched toward [7.] Ibidem n. 40 50. Cyrencester in Gloucestershire and gave Order that all such as were Friends to the Empress should meet him there in the beginning of Advent that they might march on to Oxford fight the King and Relieve their Mistress the Empress The Empress escapes from Oxford But in their way they met a joyful Messenger that informed them she was escaped out of the Castle and safe at Walingford They went thither and by her Advice and common Consent by reason of the approaching Holidays which admonished them to quiet and to abstain from War they returned to their places of Abode The manner of her Escape The manner of her Escape the Historian would have added if he had certainly known it He says it was sufficiently evident that for fear of the Earls coming many of the Besiegers slipt away from Oxford those that staid kept very loose Guards and remiss Watches which being [8.] Ibidem b. lin 1. observed by them in the Castle she with only four Soldiers Men at Arms or Knights went out at the Postern Gate and passed the River and went on foot to Abington and from thence on Horseback to Walingford After her departure King Stephen received the Castle upon Terms the Defendents went whither they would without disturbance Most Authors and some of the best Credit Report That it was at that time a great Frost and Snow and that she Clad her self in White and by that means escaped undiscovered Thus far William of Malmsbury and no further who wrote the things which happened in England between Maud the Empress and King Stephen at the particular [9.] Ibidem f. 98. b. n. 30 40. Request of Robert Earl of Gloucester Who not long after being informed that the King intended to make a Garison of the [1.] Gervas Dorob Col. 358. n. 50 60. Hen. Hun. f. 225. a. n. 20. King Stephen forced from Wilton Nunnery at Wilton to prevent the Excursions of those in
Do. 1149. f. â—45 n. 20 30. Tamesis sic Congelatus est ut pede equo quadrigis etiam oneratis transmeabilis redderetur The Thames was so Frozen as Men on Foot and Horseback and Loaden Waggons passed over it The Frost began December the Tenth and ended February the Nineteenth Of Ecclesiastical Affairs THere hath been three Councils of Bishops and Clergy only before mentioned One was held on the 29 th of August 1139. at Winchester The second on the 30 th of March 1142. at Oxford The third eight days after St. Andrew in the same year at Westminster The Business transacted in all three was meerly Secular which properly falls not under this Title and therefore I shall proceed to such things as do In the year 1138. Alberic Bishop of Ostia in Italy The Popes Legat calls a Council of the Clergy the Popes Special Comissary or Legat in England and Scotland by [9.] Chron. Gervas Col. 1346. n. 40 50 60. Col. 1347. n. 10 20 30 40 50 60. Col. 1348. n. 10 20 30 40 50 60. Apostolical Authority called a Council of Bishops Abbats and other Religious Persons of the Kingdom to meet at Westminster on the Thirteenth of December and sent his * This was never done before Citatory Letters to the Prior and Convent of the Church of Canterbury and all others whom it concerned to be present there and choose an Arch-Bishop that See being then void There were sixteen [1.] Ibidem Col. 1347. n. 10 20. The Popes Legat directs the choosing of an Arch-Bishop of Canterbury Cont. of Flor. of Worcester f. 671. Anno Dom 1139. Constitutions Decreed the most notable whereof were these at that time somewhat new and not fully Established and one or two of them never practised before in England The year following Theobald Arch-Bishop of Canterbury Simon Bishop of Worcester Roger Bishop of Coventry Robert Bishop of Exeter and Rainald Abbat of Evesham were Commanded by the Pope to Repair to Rome where they were received with much Honour and were present in the Roman Council such an one as had not been many Ages before In this Council they freely and according to their desires propounded and managed their own Causes and returned home with joy bringing with them the Decrees of this Council then when the Monk wrote written and dispersed far and wide through England And in this Council the under written Constitutions which had been made in this English Council were Decreed which according to the Title was the second Lateran Council holden under Pope Innocent the Second Anno Dom. 1139. Apr. 8. Labbe Tom. 10. Col. 999. This practise of the Pope was new to call particularly whom he pleased to Councils Constitution V. None may receive a Church or any Ecclesiastical [2.] Ibidem The foremer part of this Constitution about Investitures was new Buying of Benefices prohibited Married Priests and such as kept Concubines deprived of Ecclesiastick Benefices c. Benefice from a Lay Man When any receive Investiture from a Bishop we Command that he swear upon the Gospel That neither by himself nor any other he gave or promised any thing for it and if it be presumed he did the gift shall be void and both the Giver and Receiver shall be subject to Canonical Censure Spelm. Concil vol. 2. f. 41. Constit VII Walking in the steps of the Holy Fathers we deprive Married Priests Deacons and Sub-Deacons and thâ—se that have Concubines of their Ecclesiastical Benefices and Offices And by Apostolical Authority we forbid all People to hear their Masses Constit IX If any one Kills [3.] Ibidem Col. 1348. lin 5. n. 10. Imprisons or lays his Wicked Hands upon a Clerk Monk or Nun or any Ecclesiastick Person unless he makes satisfaction upon the third Admonition let him be Anathematized Nor shall any one unless in danger of Death enjoyn him Pennance but the Pope and if he dies impenitent his Body shall not be Buried This Canon or Constitution was made to prevent the Rudeness and Inhumanity of the Soldiers who in this Intestine War used all Persons alike Religious and Secular the Sword made little difference nor made they scarce any distinction of Places in their Rapine or Plundering Constit XI We prohibit by Apostolick Authority That no Man builds a Church or Oratory in his own Fee without the Command of his Bishop This Constitution was new and made to baffle the Right of the Lay Patron which was Originally grounded upon the Feudal Law and the Erection of a Church within the Precinct of his own Fee or Maner and the Donation or Grant of the Tithes within that Precinct unto it and to Entitle the Pope or Bishop unto it by reason of his Command was this Constitution made This Council being Dissolved * Ibid. n. 50. Jeremy Prior of the Church of Canterbury and some of the Convent whom the King had called in the presence of him and the Legat with some of the Chief Men and Bishops of England chose Theobald Abbat of Bec Arch-Bishop of that See At which the Bishop of Winchester and Legat was much moved designing it for himself but lost it by the Contrivance of the King and Queen and for this cause it was reported by some that he left the King his Brother and went off to the Empress Earl Robert and Milo the Kings High or Great Constable Notwithstanding the Ninth Constitution of this Council the Soldiers abated not of their rough usage of the Clergy and Ecclesiasticks and therefore the Bishop of Winchester and Popes Legat to check their Barbarities [4.] Rog. Hoved. f. 279. b. n. 40. called a Council at London in the Eighth year of this Kings Reign Anno Domini 1143. in which it was thus Decreed That because no Honour was given by Ravagers and Plunderers to Clerks nor to the Church of God A Canon for the security of Clerks and that Clerks were as frequently Imprisoned and put to Ransom as Lay Men Therefore who ever laid violent Hands upon a Clerk should not be absolved but by the Pope himself From which Decree the Clerks received much Relief and Advantage Mat. Paris [5.] F. 79. n. 30. adds to this another Decree â—That the Churches and Church-Yards whether the Poor People fled with their Goods should be as free from violence as the Priests themselves Another for the security of Ploughs and Ploughmen and that the Ploughs and Ploughmen in the Fields should enjoy the same freedom and they Excommunicated all Contraveners to this Decree â—with Light Candles or Tapers And so saith the Monk the Rapacity of the Kites was somewhat abated The next was a General Council in the Sixteenth of this King Anno Domini 1151. holden at London [6.] Hen. Hun. f. 226. b. lin 3. by Theobald the Arch-Bishop of Canterbury and the Popes Legat in which were present King Stephen his Son Eustachius and the Barons or Great Men of England This
he died without Issue accompanying King Henry the Second at the Siege of Tholose Anno Domini 1159. or 1160. 4. Maud [2.] Ibidem his eldest Daughter died young 5. Mary [3.] Ibidem f. 44. his second Daughter first Nun then Abbess in the Nunnery of Rumsey in Hampshire being secretly taken from thence was Married to Matthew Earl of Flanders c. and had Issue by him two Daughters Ida and Maud c. His Natural Issue were 1. WIlliam [4.] Ibidem who in a Charter of the former Williams is called his Brother c. 2. Gervase [5.] Ibidem begotten of a Norman Gentlewoman named Dameta and brought into England in the year 1140. was Abbat of Westminster twenty years and died in the year 1160. THE REIGN OF King Henry II. Anno Domini 1154. WHen King Stephen died King Henry was in Normandy and after his death so soon as he had notice came for England and landed here on the Seventh of December [1.] F. 92. n. 20. How King Henry came to the Crown and as Mat. Paris says was received by the Clergy and People with great Joy and by their Acclamations saluted King and Crowned at Westminster on the Nineteenth of the same Month by Theobald Arch-Bishop of Canterbury John Brompton [2.] Col. 1043. n. 40. writes That Stephen being dead Henry the Second the Son of Maud the Empress was by Arch-Bishop Theobald Consecrated King and received an Hereditary Kingdom without diminution The People shouting for Joy and Crying out Let the King live * Gervas Chron. Col. 1377. n. 30. He Banisheth or thrusts out the Flemmings and Strangers out of England He held his Court at Christmass at Bermundsey where he Treated with his Principal Men concerning the State of the Kingdom and setling Peace and resolved to expel the Strangers out of England and destroy the small Places of Strength built during the War In the Reign of King Stephen many Strangers Flemmings especially came over as Soldiers in hopes of great Booty and Plunder and had seated themselves in England by the permission of that King and were very loath to leave their warm Seats yet by his [3.] Ib. n. 50. He demolisheth the new built Castles Edict fixing them a day for their Removal when they saw they could not continue here they left the Nation and his next work was to have all the Castles demolished which had been built since the [4.] Ibidem n. 60. death of his Father except some few which were kept up for the Strength of the Nation The [5.] Ibidem Col. 1046. n. 40 50. He recalled the Crown Rents and Lands Crown Lands and Rents which King Stephen had given to his Followers he recalled and Commanded That whosoever were possessed of them they should be restored wholly and fully without any manner of diminution Many pleaded the Charts and Donations of King Stephen To which King Henry Answered That the Charts of an Invader ought not to prejudice a Lawful Prince They were very loath at first but at length they all resigned up theiâ— Usurped Estates In Northumberland they were most resolute and therefore [6.] Ibidem n. 50 60. King Henry went thither and cited before him William Earl of Albamarle and others who with great grief submitted to his Power and yielded up the Kings Lands and Demeasns which they had possessed many years together with the Castle of Scardeburgh in Yorkshire Hugh Mortimer only opposed the King who when he was Commanded to deliver his Castle of Bridgnorth in Shropshire fortified it against him which the King besieged and in a short time took and he begging the Kings Mercy for his Rebellion was Pardoned delivering also his other Castles From William the Son of King Stephen he took all the Lands his Father had given him except such as he held in the time of King Henry his Uncle In the time of Contention between [7] Ibidem Col. 1047 n. 10. Mat. Paris f. 96. n. 40. Maud the Empress and King Stephen for the Kingdom of England David King of Scotland had in her Name seized upon the Counties of Northumberland Cumberland and Westmerland and possessed them as his own These King Henry required of him and the then King of Scotland Malcolm presently parted with them and all their Rights receiving from him the Earldom of Huntington as belonging to him of Ancient Right In March the Queen was delivered of a Son at London called after his [8.] Chron. Gervas Col. 1377. n. 50. Fathers Name Henry After Easter there was a [9.] Ibidem Col. 1378. n. 20. An. Dom. 1155. Henry Son of King Henry born General Convention of the Bishops and Chief Men of all England at Walingford where they sware Fealty to the King and his Heirs to his eldest Son William if he should outlive his Father and to the Infant Henry if he outlived his Brother Not long after the [1.] Brompton Col. 1047. n. 50 60. Col. 1048. n. 10 â—0 Guil Neub rerum Angl. lib. 2. c. 5. Mat. Paris f. 96. n. 50. Rad de Diceto Col. 535. n. 20. An. Do. 1156. The Welsh Conqueâ—ed and yield Welshmen making Incursions into England King Henry raised a great Army to subdue them or at least bring them to a Peaceable Correspondency The Welsh trusting to the security of their Woods and Mountains retreated thither upon his Approach The Van of the Army marching on as well as they could in those places was intercepted by them and a great part of it cut off Henry de Essex the Kings Hereditary Standard-Bearer threw it down and fled and told those which he met the King was dead which put the Army into great confusion but upon the Kings hasty appearance it received new vigor Rallied and forced their Enemies to such Terms as satisfied the King He cut down their Woods and made open Ways into their Country had the Castle of Roelent and all other Places of Strength delivered unto him which they had taken from his Predecessors and received the Homage and Fealty of their Nobles and Great Men. For his Cowardise [2.] Ibidem An Appeal of Treason Henry de Essex was charged by Robert de Montfort a Nobleman of Fame with Treason and in a Trial by Battle was vanquished for which he ought to have lost his Life by Law but the King spared that causing him to be Shorn a Monk in the Abby of Reding and seized all his great Estate The Welsh thus secured the King had news that his Brother [3.] Joh. Brompton Col. 1048. n 40 50. An. Do. 1257. According to Mat. Paris 1156. King Henry's Brother Geofry claims Anjou Pleads his Fathers Will and Brothers Oath Geofry was very troublesome beyond Sea He was his next Brother and his Father Geofry Earl of Anjou had by Will given him that Earldom when his Brother Henry should be possessed of the Kingdom and Dukedom of Normandy his Mothers Inheritance and
of Richard Bishops of Winchester Henry Bishop of Bayeux Giles Bishop of Eureux Froger Bishop of Sees and in presence of Simon Earl of Eureux and Robert Earl of Leicester and before many other Earls and Barons of his Kingdom That no Man presume to take the Goods of a Vassal for the Debt of his Lords nequis pro Domini debito res hominis capere praesumat unless the Vassal was Pledge or Surety for the Debt of his Lord but the Rents of Vassals which they are to pay to their Lords shall be paid to their Lords Creditors not to the Lords The other proper Goods of Vassals shall be in peace neither shall it be lawful for any one to Distrein namtire non liceat or take them for the Debts of their Lords This Statute and this Custom Hoc Statutum Consuetudinem hanc c. the King Ordained should be firm and general in all his Towns and every where in his Dominions viz. in Normandy Aquitan Anjou Main Turain and Britany and that it might be stable permanent and firmly observed and kept it was Written and Confirmed with his Seal After this the King [3.] Ibidem 110. a. The King of England summons his Earls and Barons of Normandy to appear with Horse and Arms. by his Writ summoned the Earls and Barons of Normandy to meet him at Argenton on the Ninth of October prepared with Horse and Arms for his Service and went to Alencon and sent his Son Richard into Poictou to subdue his Enemies King Henry desirous to return into England sent to Lewis King of France and obtained his Letters of Protection in this Form [4.] Hoved. f. 327. a. n. 30. An. Do. 1178. The King of France gives the King of England Letters of Protection LEWIS King of France to all whom these Presents shall come Greeting Know ye that We have received into Our Custody all the Lands of Our Most Dear Brother Henry King of England on this side the Sea if he shall happen to pass into England or go on Pilgrimage so that when his * Baillivi sui Bayliffs or Officers shall Require Vs We shall truly without Design give them our Counsel and help for the Defence and Protection of the same After his coming out of [5.] Ibidem f. 331. a. n. 40. Geofry Earl of Anjou Knighted by his Father His Military Exercise and Ambition Normandy into England at Woodstock he Knighted his Son Geofry Earl of Britany who soon after passed into Normandy and in the Confines of France and that Country was at a Torneament or the Exercise of Feats of Arms where he was ambitious to have the Reputation of a Courageous Kngiht and the rather because his Brothers Henry and Richard had acquired great Honour and Renown in such Military Exercises Peter of St. Agatha [6.] Ibidem b. n. 10. The King puts an Oath upon the Popes Legat. An. Do. 1179. the Popes Legat came this year through England to summon the Bishops and Abbats of Scotland and Ireland to a General Council at Rome but before he had leave to pass through the Kingdom he made Oath not to do or seek to do any Injury to the King or Kingdom and that he would return the same way [7.] Ibidem f. 332. a. n. 50. And upon the Scottish and Irish Bishops and Abbats An. Do. 1179. The same Oath the Scottish and Irish Bishops and Abbats took before they had passage given them to go this way with the Legat. After Easter the King [8.] Ibidem f. 337. a. n. 20. England divided into four Circuits held a great Council at Windsor and by the common Advice of his Arch-Bishops Bishops Earls and Barons he divided England in four parts and to every part he appointed Wise Men to do Justice in the Land After this manner I. Richard Bishop of Winton Richard the Kings Treasurer Nicholas Fitz-Torold Tho. Basset Robert Witefeld Hamshire Wiltshire Gloucestershire Dorsetshire Sumersetshire Devonshire Cornwall Berkshire Oxfordshire II. Geofry Bishop of Ely Nich. the Kings Chaplain Gilbert Pipard Reginald de Wisbech the Kings Clerk Geofry Hosee Cambridgeshire Huntingtonshire Northamptonshire Leicestershire Warwickshire Worcestershire Herefordshire Staffordshire Shropshire III. John Bishop of Norwich Hugh Murdac the Kings Clerk Michael Belet Richard Del Pec. Radulph Brito Norfolk Suffolk Essex Hertfordshire Middlesex Kent Surrey Sussex Buckinghamshire Bedfordshire IV. Godfrey de Lucy Johannes Cumin Hugh de Gaerst Ranulph de Glanvill William de Bendings Alanus de Furnellis Nottinghamshire Derbyshire Yorkshire Northumberland Westmerland Cumberland Lancaster The last six were appointed [9.] Ibidem b. n. 20. Justices in the Kings Court to hear the * Clamores populi Clamor a common word then for a Suit or Petition Clamours or Business and Suits of the People and had the last seven Counties assigned them This year Lewis King of [1.] Jo. Brom. Col. 1139. n. 40 50.60 c. An. Do. 1179. The King of France calls together all his Bishops Earls and Barons to Crown his Son Philip at Rhemes His Son falls sick He had a Vision by which he was admonished for his Sons Recovery to visit the Martyr of Canterbury so called France cited all the Arch-Bishops Bishops Earls and Barons of his Kingdom that they should without Excuse be in the City of Rhemes on the Assumption of the Virgin Mary that is the Fifteenth of August to Crown his Son Philip then Fifteen years old They hastned to come as they ought to do but just before the time his Son fell into a great Sickness so as many despaired of his Life his Father grieved night and day and was mightily afflicted for his Son Being thus without Comfort one Night when he had happily fallen into a sound Sleep St. Thomas the Martyr of Canterbury appeared to him and told him the Lord Jesus Christ had sent him his Servant to him to let him know That if he believed and with Contrition went to visit his Servant Thomas the Martyr of Canterbury his Son should recover his Health He discovered this Vision to his Friends and asked their Advice who told him it was dangerous to pass by Sea into another Mans Country Roger Hoveden is more modest in this Story and only says he was admonished by Divine Revelation He comes to Canterbury Offers and Prays at his Tomb. Gives the Monks 100 Measures of Wine every year And grants them a Charter of many Priviledges in France c. The next Night the Martyr appeared the second and third time and told the same Story and added Threats if he went not quickly and obeyed the Command of God He came and the King of England met him at Dover on the Twenty second day of August and Conducted him to the Tomb of the Martyr where the King of France Prayed and offered a great and precious Golden Cup and gave to the Monks of Holy Trinity for ever yearly One hundred Measures of Wine Centum Modios Vini to be
Legats should absolve his Servants Courtiers and Counsellors The [1] Hoved. f. 295. b. lin 5. The Legats came Legats came accordingly and though Hoveden mentions them not yet certainly they were Gratianus nephew of Pope Eugenius and Vivianus an Advocate in the Roman Court mentioned in [2] Col. 1407. n. 40.50 Gervase of Canterbury to whom the King Granted the Arch-Bishop should return and enjoy his Arch-Bishoprick saving the Honor of his Kingdom Salvo Honore Regni sui and by whose industry and the Application of the King of France the Agreement was finished and brought on so far as the Kiss of Peace as before related King Henry [3] Ibidem Col. 1412. n. 10.20 Hoved. f. 296. b. n. 10.20 Ben. Abb. p. 30. a. b. King Henry's design to Crown his Son had a design to Crown his Son Henry King which was kept private yet the Pope either suspected or smelt it out for on the 2d of April he wrote to the Arch-Bishop of York and all the Bishops of England [4] Append. n. 58. The Pope prohibits the Arch-Bishop of York and all other Bishops to do it That if any such Coronation was they should not perform the Ceremony without the Consent and Privity of the Church or Arch-Bishop of Canturbury whose right it was to Consecrate Kings [5] Gervas Hoved. Ben. Abb. ut supra The day appointed for this Solemnity was the 14 th of June and he was anointed and Crowned by Roger Arch-Bishop of York Hugh Bishop of Durham Walter of Rochester Gilbert of London and Iocelin of Salisbury assisting him no mention having been made of Thomas to whom the Coronation and Consecration belonged in right of his Church Gervase of Canterbury said it was done in contempt of the Popes prohibition The King [6] Hoved. f. 296. n. 30. The King of France displeased that his Daughter was not Crowned with her Husband of France hearing his Daughter Margaret was not Crowned with the young King her Husband levied a great Army and invaded Normandy The King of England having notice of it left his Son in England and passed thither and in a Treaty at Vendosme made peace with the King in the Feast of * St. Mary Magdalen promising his Son should be Crowned again and his Wife with him Gervase of Canturbury says this Treaty and the Day was appointed before the Coronation of his Son In [7] Ibidem n. 40. Thomas complains to the Pope of the A. B. of York and other Bishops for Crowning the King's Son He suspends the A. B. of York and Bishop of Durham and Excommunicates the others the mean time Thomas complained to the Pope of the Arch-Bishop of York and the four Bishops that assisted at the Coronation of the new King in the Province of Canturbury at whose Instance he Excommunicated the Bishops of London Rochester and Salisbury and suspended the Arch-Bishop of York and Bishop of Durham from their Episcopal Offices and wrote to the last two [8] Appen n. 59. He accuseth the King for Depression and Diminution of the Church an Epistle wherein he accuseth the King for Depression and Diminution of the Churches Liberties That under pretence of preserving his Royal Dignities he destroyed them contrary to the Cannons and tells the Bishops how much he had been sollicited to confirm his Prevarications and Vsurpations meaning The Statutes of Clarendon That he had sent some Cardinals and others to soften him but he grew more obdurate and would not Abate the least of the Rigor of his perverse Laws That he seized the rights of the Church of Canturbury contrary to its Ancient Dignity That his Son Henry had been Crowned by him the Arch-Bishop of York without any Caution or Reservation of the Rights of the Church of Canturbury And to avoid Damnation suspends the Arch-Bishop of York and Bishop of Durham in performing of that Solemnity and at last least he should be involved with them at the day of Judgment in the Sentence of Damnation he suspends both the Arch-Bishop of York and Bishop of Durham from the Exercise of their Episcopal Functions Notwithstanding the late peace made at Vendosme [9] Hoved. f. 297. b. n. 10. The King of France his Arch-Bishops Bishops and great Men sollicited the Pope against King Henry He complys with them Lewis of France his Arch-Bishops Bishops and great Men of the Kingdom sollicited the Pope that he would not permit the King of England to make any further Delays as he loved the Kingdom of France and the Honor of the Apostolic See Upon which The Pope granted that unless he presently made peace with the Arch-Bishop his Kingdom should be Anathematized and put under Interdict And says the Historian it pleased God to change the Kings mind so that by the mediation and paternal Exhortation of the Pope and of the King of France by the advice of many Bishops [1] Ibidem n. 20. and supplicating intervention of great Men the King received him into favour and restored him unto his Church [2] p. 31. a. Benedictus Abbas says the peremptory day was at hand so as the Sentence could be deferred no longer and That the King of England being forced by Canonic severity at length hearkened to Peace and came to Amboise near Tours on the fourth of the Ides or twelfth of October with the Arch-Bishops Bishops and great Men of his Land where he met William Arch-Bishop of Sens and Theobald Earl of Blois who brought with them Arch-Bishop Thomas and the next day it pleased Divine Providence by the mediation of the King of France and by the Command and admonition of Pope Alexander and also by the advice of the Arch-Bishops Peace between the Arch-Bishop and King and Bishops of his Land the King received him into his Grace and Favour and pardoned to him and all that were with him in Exile his anger and ill-will Iram malevolentiam suam promising to restore wholly to him all the possessions of the Church of Canturbury as he held them a year before he went out of England All agree about the matter of this Treaty but differ about the Time and Place [3] f. 297. b. n. 30. Hoveden agrees with Abbat Bennet and says it was on the 4 th of the Ides or 12 th of October on a Hill between Tours and Amboise [4] lib. 3. c. 2.5 p. 46. Col. 2.6 Col. 1412. n. 30. Quadrilogus 5 Fitz-Stephen and 6 Gervase of Canturbury say it was on St. Mary Magdalens day or 22 of July at Fretevâ—ll between Chartrin and Main in a Meadow called the Meadow of Traitors The King and Arch Bishop being thus Reconciled he [7] Append. n. 60. The King writes to his Son to give him notice of the agreement wrote into England to his Son Henry to let him Know the Arch-Bishop had made peace with him according to his own Will and therefore Commanded him to let him and all with him have and injoy
all things as they did three moneths before he left England After his Peace made with the King he told him [8] Fitz-Steph p. 47. Col. 2. Thomas complains of the Arch-Bishop of York concerning the Coronation of the young King and presseth the old King about it That amongst all the Evils he susteined under his Anger and indignation as Banishment spoyling and Oppression of the Church of Canturbury c. there was one thing which he neither ought nor could leave unpunished And That was the Arch-Bishop of York his Crowning of his Son in the Province of Canturbury whic he caused him to do and so spoyled his Church of this Dignity The King â—aves it to him to take â—atisfaction of the Arch-Bishop of York c. where he by the Vnction of the mercy of God was anointed King and which amongst all her Dignities she had peculiar proper and special to her self ever since the time of St. Augustin And after a little further Discourse the King left it to him to take satisfaction of the Arch-Bishop of York and other Bishops for the [9] Ibidem p. 48. Col. 2. injuries done to the Church of Canturbury and himself The Pope thought the Arch-Bishop made not Hast Enough and therefore [1] Ibid. p. 51. Col. 2. sent a Messenger with Letters of Exhortation to him to go to his Church and with them he received Letters of severe Justice concerning the presumptuous Coronation of the new King by which the [2] Chron. Gervas Col. 1413. N. 40. The Pope writes to Thomas to make hast to his Church and sends him his Letters of suspension and Excommunication of the Bishops which he pronounced against them Arch-Bishop of York and Bishop of Durham were suspended and the Bishop of London Salisbury and other Bishops of England were Excommunicated He set Sail from Witsand and Landed at Sandwich in Kent on the first of December He pronounced the Sentence of suspension and Excommunication against the Bishops at which the people that came to meet him [3] Ibidem N. 60. were much Troubled and asked him why at his first coming into England he would in Reproach of the King suspend and Excommunicate the Bishops and threatned him with the Kings displeasure he answered the King ought not to be offended for it was done by his permission The Bishops [4] Ibid. Col. 1414. N. 10 20 30 40. The suspended and Excommunicated Bishops apply themselves to the King and complain of the Difficulties they were in by reason of the Peace He in a passion upbraids the Sloathfulness of his Servants that none would vindicate the Injuries and affronts done to him A. D. 1171. Four of his Knights Murther the Arch-Bishop sent to him very earnestly desiring Absolution He said they were bound by a Superior Judge and it was not in his power to release a Sentence given by so great a Judge yet he would Confide in the Clemency of the Pope and absolve them if they would give Caution to stand to the Judgment of the Church concerning those things for which they had been Excommunicated The suspended and Excommunicated Bishops went to the King into Normandy and threw themselves at his feet and told him he had made an ill Peace for them saying that they and all such as were present at the Coronation of his Son were Excommunicated At which words the King was mightily moved and in great Passion he cried out aloud he was a miserable man That fed so many Noble Sluggards none of which would vindicate him from the Injuries done unto him With which Words four of the Kings Noble Domestic Knights being highly Provoked Combined together to Kill him and when he would not absolve the suspended and Excommunicated Bishops nor submit in some other things to the Kings Will as they Demanded of him on the thirtieth of December They went into the Church and at Vespers with their Swords Clove his head and murthered him in the Cathedral at Canturbury when he neither would save himself by flight or have the doors shut against them [5] Ib. N. 50. Their names were Reginald Fitz Vrse William de Traci Richard Brito and Hugh de Morvill Fitz-Stephan says The Arch-Bishop of York [6] p. 58. Col. 1. The Arch-Bishop of York exasperates the King against Thomas told the King That so long as Thomas was alive he neither would have good Days nor a peaceable Kingdom nor Quiet times at which words the King conceived such indignation against him and shew it so much by his Countenance and gesture That four of his Domestic Barons the persons before named understanding what was the Cause of his Trouble and seeking to please him conspired the Death of the Arch-Bishop c. All men avoyded [7] Hoved. f. 299. a. n. 30. The Four Murtherers obteined Pennance from the Pope They dye at Jerusalem the Company and Conversation of these Murtherers at length they got to Rome and obteined pennance of the Pope who sent them to Ierusalem where according to his injunction doing Pennance in the Black Hill or Mountain they Dyed Concerning [8] Hoved. f. 299. a. n. 40. The King of France writes to the Pope to Revenge Thomas his Death the Death of the Arch-Bishop The King of France wrote to the Pope to unsheath the Sword of St. Peter to Revenge it and to think of some new kind of Justice and informed him That as it had been related to him The Divine Glory had been revealed in Miracles done at his Tumb by which it appeared for whose name he contended William Arch-Bishop of Sens [9] Ibidem b n. 10. The Arch-Bishop of Sens writes to the same purpose wrote also to Pope Alexander concerning the same and lays the Cause of his Death upon the King and urgeth him for the safety of the Church and the honor of God to confirm and Renew the Sentence of interdict against his Dominions Likewise Theobald [1] Ibidem f. 300. a. n. 10. 20 30. Theobald Earl of Blois wrote to the same purpose And avers he heard the King give Thomas leave to sentence the Bishops as the Pope and he pleased Earl of Blois wrote to him That he was present at the Agreement between them and that the Arch-Bishop complained to the King that he had too hastily and with too hot a zeal caused his Son to be Crowned for which he promised to do him right and give him satisfaction That he then also complained of the Bishops who contrary to the Right and Honour of the Church of Canturbury had presumed to Thrust a new King into the Royal Throne not for the Love of Justice or to please God but to please a Tyrant and That the King gave him leave to sentence them according to the Popes and his own pleasure This he said he was ready to prove by his Oath or any other way and told him the Bloud of the just called to him for vengeance In the mean
Commanded his Precepts should be made in the Kingdom per quod fieri praecepit Mandata sua in Regno He Delivered him also in Custody the Tower of London and to the Bishop of Durham the Castle of Windsor in Custody with the Forests and County The King was no sooner gone but his two Chief Justices contended about Power that which pleased one displeased the other In the year 1190. King Richard kept the [2] Hoved. f. 378. a. n. 40.50 A. D. 1190. first Christmass after his Coronation at Bure in Normandy with the Great Men of that Nation After that Solemnity Phillip King of France and he met and Established a firm Peace between themselves and Kingdoms A firm Peace Established between the Kings of England France which was Written and Confirmed by their Oaths and Seals on the Feast of St. Hillary Jan. 13th and the Archbishops and Bishops of both Kingdoms agreed to it In the word of Truth in verbo veritatis and the Earls and Barons of both Kingdoms swore they would faithfully keep that Peace which was [ ] Append. n. 69. The Articles of the Peace That they should both preserve the Honor of each other and keep Faith to one another in Defending their Lives Limbs and Terrene Honor. That neither should fail the other in the Management of their Affairs But that the King of France should help the King of England to Defend his Land as if he were to Defend the City of Paris if it were Besieged And so King Richard was to Defend the King of France his Dominions as he would Defend Roven if that were Besieged [4] Ibid. b. lin 3. The Earls and Barons of both Kingdoms swore They would not Depart from their Fealty to their Kings nor make any War or Broyls within their Dominions while they were in their Peregrination and the Archbishops firmly promised in the Word of Truth That they would Anathematize the Transgressors of this Peace and Agreement They further agreed That if either of them Died the Survivor should have the Money and Men of the Defunct to carry on the Service of God And because they could not be ready by the Close or Octaves of Easter they Deferred their Voyage until Midsummer After [5] Ibid. n. 30. King Richard sends for his Mother his Bishops and Brother to come to him into Normandy The Bishop of Ely Chancellor made chief Justiciary by the King Candlemass the King sent for Queen Alienor his Mother Alice Sister to Phillip King of France Baldwin Archbishop of Canturbury Iohn of Norwich Hugh of Durham Godfrey of Winchester Reginald of Bath William of Ely Hubert of Salisbury Hugh of Chester Bishops and Geofrey Elect of York and his Brother Iohn Earl of Moreton to come to him into Normandy and having advised with them he constituted William Bishop of Ely his Chancellor Chief Justice of England Summum Justitiarium Angliae and granted to Hugh Bishop of Durham the Office of Justitiarie from the River Humber to the confines of Scotland Concessit Hugoni Episcopo Dunelmensi Justitiarium à fluvio Humbri usque ad Terram Regis Scotiae [6] Ibid. n. 40. His Bâ—others John and Geofry swear they would not go into England in three years without his â—ave John Earl of Moreton released from his Oath And made his Brothers Iohn Earl of Moreton and Geofrey Elect of York swear they would not go into England within three years next following without his leave yet soon after he released his Brother Iohn from his Oath and gave him leave to return to England Upon his making another Oath that he would faithfully serve him From [7] Ibid. n. 50. He writes to the Pope to make his Chancellor Legate Normandy he sent his Chancellor into England to prepare all things necessary for himself and his Expedition and designing to Exalt him above all the Clercs and Laics of his Kingdom He sent to Pope Clement and prevailed with him to Commit to him the * See Append. n. 70. * â—cest the King or his Chancellor 1500 Marks See Hoved. f. 380. b. n. 10. Legantin Power of all England and Scotland or rather Wales His Chancellor at his return incompassed the Tower of London with a Deep Ditch intending the Thames should flow about it and [8] Ibidem The Chancellor encompassed the Tower of London with a Ditch And levies an Ayd for the Kings use Took for the Kings use of every City of England two Palfreys or Saddle Horses and two Sumpters as an Ayd and of every Abby one Palfrey or Saddle Horse and one Sumpter and of every of the Kings Maners as of the Abby's These horses undoubtedly were to be imployed in the War he was undertaking though 't is not said so in the Historian On the 16th of [9] Ibidem f. 379. a. lin 1. The Jews shut themselves up in the Tower of York for fear of the Christians They refuse to deliver it upon dâ—mand They cut one anothers throats rather than yield March and upon the Eve of Palm-Sunday the Jews of the City of York by consent of the Constable and the Sheriff shut themselves up in the Tower there for fear of the Christians and when the Constable and Sheriff Demanded the Tower of them they refused to deliver it whereupon the Citisens and Strangers which came to the County Court Populus Civitatis Extranei qui ad Comitatum venerant at the Request and by the incouragement of the Sheriff and Constable made an assault upon them which they continued Night and Day so as the Jews offered a great Sum of Money for Liberty to be gone but the people would not accept it These Jews were all destroyed The Historian reports that finding they must fall into the Hands of the Christians by agreement and Consent they cut one anothers throats rather than they would Dye by the hands of the incircumcised and enemies to their Law However it was [1] Ibid. n. 20.30 The * See Append. n. 71. what Power he gave him The Chancellor comes to York and displaces the Sheriff and Constable of the Tower Chancellor now also the Popes Legat and Justitiarie of all England after Easter came to York with a great Army to take those malefactors which destroyed the Jews and knowing it was done by the Command of the Sheriff and Constable he Displaced them both and took of the Citisens an hundred Pledges for the keeping of their faith and peace to King and Kingdom and that they would stand to the Law in the Kings-Court concerning the Death of the Jews And the Knights or Military Tenents of the County That is the Strangers which were Suitors and came to the County-Court as above which would not come to right or rather appear to the Accusation he caused to be apprehended Milites autem provinciae Qui ad Rectum noluerunt venire praecepit Comprehendi At this time by the [2] Ibid. n. 40. The
Sware Fealty to him against all men saying their Fealty to King Richard his Brother And the Deposed Chancellor Swore he would Deliver up all the Castles of England and he presently delivered to him the Tower of London and Windsor Castle with some others The different Characters of this Chancellor The Character of this Chancellor is various according to the inclinations of men of that time [7] Ibid. f. 400. a. in his Epistle de Dejectione Willielmi Eliensis Hugh de Nunant Bishop of Coventry one of his prosecutors says he was of a proud haughty imperious temper profuse and extravagant beyond measure a consumer of the Kings Revenue and injurious to all sorts of men Peter of Blois then Arch-Deacon of Bath a man learned and famous [8] Ibid. f. 401 b. in his Epistle pro Willielmo Elien Episcopo Defends the Chancellor against the sharp pen of the Bishop of Coventry and begins his Epistle Thus Quondam Domino amico Hugoni Coventrensi Cestrensi dicto Episcopo Petrus Blesensis Bathoniensis Archidiaconus Dei Memoriam cum Timore Livor quo tendat Invidia quo feratur proditoriae factionis hodie patefecit immanitas Dilectus Deo hominibus Episcopus Eliensis vir sapiens amabilis generosus benignus Mitis in omnes liberalitates Effusus Juxta Divinae Gratiae Dispositionem suorum Exigentiam morum meritorum Reipublicae administrationem summam rerum fuerat assecutus c. in English thus To his Quondam Lord and friend Hugh called Bishop of Coventry and Chester Peter of Blois Arch-Deacon of Bathe The Memory of God with fear What Detraction and Envy may do The fury of a Trayterous faction hath at this time discovered The Bishop of Ely beloved of God and men a wise loving Generous Kind and Mild man abounding in all Instances of Liberality according to the Disposing of Divine Grace and his own due Qualifications and Merits obteined the Administration of the Government and the chiefest power in it c. And proceeds to reprove him for his virulent Language against him without Cause After Eight Days [9] Ibid. f. 402. a. n. 10. He is released from his imprisonment and goes into Normandy He complains to the Pope and King and offers to stand a Tryal Imprisonment Earl Iohn gave Order he should be released and go beyond Sea He went into Normandy where by Command of the Arch-Bishop of Roven he was reputed as an Excommunicated person and in all places where ever he came in that Arch-Bishopric all Divine Offices ceased during his abode there At length he sent to Pope Celestin and to the King of England letting them know how Earl Iohn and his Complices had thrown him out of the Kingdom complaining of the Injury and desiring restitution of what had been taken from him and offering to stand to the Law or Tryal And that if what he had done or his Exspenses should not please the King he would in all things satisfie him according to his own mind At which Complaint the [1] Ibid. n. 20. The Pope writes to the English Bishops to excomunicate Earl John Pope was much moved and wrote to the Arch-Bishops and Bishops of England to Excommunicate Earl Iohn and all his Advisers Complices and Favorers And William Bishop of Ely as Legat and Chancellor wrote to the Bishop of Lincoln to put in Execution the Popes Brief and sent him the [2] Ibid. b. n. 30. names of such as he would have him Excommunicate videlicet Walter Arch-Bishop of Roven Godfrey Bishop of Winchester Hugh Bishop of Coventry William Marshal Geofry Fitz-Peter William Bruer Hugh Bardolf and many others [3] Ibid. f. 403. a. n. 10. The Bishops refuse to do it But none of the Bishops would Execute either the Popes or his Command as not owning him as Legat or Chancellor [4] Ibidem And the Arch-Bishop of Roven and the other Justices of England alii Justiciarii Angliae That is the Commissioners for the Government disseized him of his Bishopric and Collected the Rents to the Kings use to make good the money he had Wasted 5 And then the foresaid Justices and all the Bishops Earls and Barons of England sent to the King and by one Common Letter acquainted him how his Chancellor had destroyed the Kingdom and his Treasure and how he had been put out of his Office by the Common Council of the Kingdom The Chancellor on the other side wrote to the King That his Brother Iohn had Seized the Kingdom and would Crown himself if he returned not speedily Yet the King trusting in God would not Desert his Service until men and Money failed In Lent following [6] Ibid. f. 408. b. n. 30. A. D. 1192. Queen Alienor the Arch-Bishops of Roven and York and all the great men of the Kingdom met and Swore Fealty and faithful Service to King Richard and to his Heir against all men [7] Ibid. n. 40. Earl John endeavors to restore the Chancellor but the great men would not consent At the same time the Earl for 500 pounds having promised to restore the Chancellor to his Office sent for him into England and tryed to induce the great men to consent to it who would not but sent to him that unless he Departed the Kingdom they would imprison him he not daring to stay passed over the Sea on Good Fryday While these Commotions were in England King Richard was mightily uneasie in his imprisonment in Germany [8] Ibidem f. 412. a. n. 20. King Richard gave the Emperor his Kingdom to gain his Liberty He is reinvested by the Emperor to hold it of him by an annual tribute Before his death he is acquitted and for his liberty he gave the Emperor his Kingdom and invested him in it by the Delivery of his Hat or Cap and he presently as they had agreed before the great men of Germany and England redelivered it unto him to hold of him by the annual Tribute of 5000 pounds Sterling and invested him by a Double Cross of Gold But before his Death acquitted and Discharged King Richard and his heirs of this and all manner of Bargains Alice the King of France his Sister was in the [9] Ibid. f. 408. b. 10 20. The King of France demands his Sister of the Norman Nobiliâ—y Custody of the Seneschal and great men of Normandy and he had Demanded her of them but they would not deliver her without order from their King Richard at [1] Ibid. f. 412. a. n. 20 30. They refuse to deliver her without King Richards order which he was much troubled and disturbed and sent into England to Earl Iohn That if he would submit to his pleasure and advice he should Marry his Sister Alice and with her he should have Normandy Aquitan and Anjou and all the Lands which his Father had been possessed of in France and that he should make him King of England Earl [2] Ibidem
Earl John refuses to treat with the Norman Nobility about the Kings release Iohn soon after Christmass passed into Normandy where the Seneschal and other great men met him and desired he would go to Alencon to treat with them about the Kings affairs and the freeing him from Imprisonment [3] Ibid. n. 40 Unless they would accept him for their Lord which they refuse he told them if they would receive him as their Lord and Swear Fealty to him he would go with them and undertake their Defence against the King of France but otherwise not The Noblemen of Normandy refused his proposals hoping to see their King again From thence [4] Ibid. He does Homage to the King of France for Normandy c. the Earl went to the King of France and did Homage to him for Normandy and the other Dominions of his Brother beyond Sea and as it was reported for England and Swore he would take to Wife his Sister Alice and then quiet Claymed or Released to the King of France Gisors and whole Veuxin Norman And he gave him with his Sister That part of Flanders he had in his possession and Swore he would do his utmost to help him to Gain England and his Brothers other Dominion Then he [5] Ibid. n. 50. He returns into England and demands the Kingdom alledging the King was dead returned into England carrying many strangers with him and had the Castles of Windsor and Wallingford delivered to him from whence he came to London and demanded the Kingdom from the Archbâ—shop of Roven and the other Justices that is the Commissioners for the Government of England and the Fealties of the Military Tenants Vassals or Feudataries of the Kingdom Affirming his Brother the King was Dead Deinde ipse Comes venit Lundonias à Roâ—homagensi Archiepiscopo caeteris Justiciariis Angliae petiit sibi Regnum fidelitates hominum Regni affirmans Qâ—od Rex Angliae frater suus mortuus Erat. But they believed him not And when he saw he was [6] Ibidem b. lin 1. c. The Justiciaries reject him and secure all the Ports rejected by the Justiciaries and great men he swelled with fury Portifyed his places of Strength and Invaded his Brothers Lands in an Hostile manner The Justiciaries had so well secured the Ports as neither French or Flemmings that had promised him assistance dare attempt to Land in England They Besieged Windsor Castle [7] Ibid. n. 20. They raise an Army to oppose him The Archbishop of York Hugh Bardolfe one of the Kings Justiciaries and Sheriff of Yorkshire and William de Stutevill raise an Army in that Country and marched to Doncaster which they fortifyed [8] Ibid. n. 30. The Archbishop would have gone on and Besieged Tikehill a Castle belonging to Earl Iohn but the other two would not Consent to it because they were his men or Feudataries quia erant homines Comitis Iohanis After Easter the [9] Ibid. n. 10 Abbats of Boxley and Roberts-Bridge that had been sent by the Justiciaries to the King came Back and reported the Agreement made between him and the Emperor But the King not returning all men wondered at his stay in Germany and doubted what was become of him and whether he would return or not Whereupon the Aâ—chbishop of Roven and the other Justiciaries although they had forced Earl Iohn to a Complyance A truce made with Earl John and even taken the Castle of Windsor yet they made a Truce with him until the Feast of All Saints [1] Ibid. f. 413. a. lin 1. c. The Castles of Notingham and Tikehill remaining in his Custody as they were before and the Castles of Windsor Walingford and Pec were Delivered to the Queen Mother and were to be Redelivered to the Earl if the King returned not the mean While Soon after this [2] Ibid. n. 10. The King writes to his Subjects to send money for his Release Truce the King sent to the Archbishops all the Bishops Abbats Earls Barons Clercs and Free-tenants Francos tenentes or Tenents in Capite and desired all the Clergy and Laity would give him such an aid to redeem him as he might thank them for it The Emperor wrote to the same purpose and the Pope who Threatned the Kingdom with an Interdict unless the King were speedily freed from Prison and wrote to the King of France that he would anathematize his Kingdom unless he forbear to trouble the King of England while he was Prisoner [3] Ibid. n 30. The great instrument of reconciliation between the Emperor and King Richard was the Chancellor The price of his Redemption was 140000 marks Charissimus Cancellarius noster Willielmus Eliensis Episcopus as the King Stiles him in his Letter And the price of his Redemption was Seven score thousand Marks of Silver The Emperor and Kings [4] Ibid. b. n. 20. Append n. 76. A. D. 1193. Letters both bear Date the 19th of April at Hagenou By Authority of the [5] Ibid. f. 413. b. n. 10. How and upon whom this Sum was levied and raised Kings letters the Queen Mother and the Justices determined That all Clercs and Laics should pay a fourth part of their Revenues that year for the Redemption of the King and that they should add so much of their Moveables or upon their Moveables for which the King should Con or Ken them thanks and upon every Knights Fee they charged 20 s. and ordered the Abby's and Houses of the Cistertians and the order of Semplingham should contribute all their Wooll that year and That all the Gold and Silver the Churches were possessed of should be brought forth and delivered for the same purpose Autoritate Literarum istarum these words follow immediately after the Date of the Kings Letters Mater Regis Justiciarii Angliae statuerunt quod universi tam Clerici quam Laici quâ—rtam partem redditus sui de hoc anno darent ad redemptionem Domini Regis tantum superadderent de Mobilibus suis unde rex debet eis gratias Scire de unoquoque feodo Militis viginti Solidos de Abbatiis ordinis Cistrensis de Domibus Ordinis Semplingham totam lanam suam de hoc Anno Vniversum Aurum Argentum Ecclesiarum sicut Rex in Mandato suo praeceperat [6] f. 413. a. n. 40. The Gold and Silver taken out of the Churches to be restored The Gold and Silver that belonged to the Churches the King only Borrowed and his Justiciaires and Barons made Oath he should fully restore it again About this [7] Ibid. b. n. 40. The Chancellor returns into England to manage the Kings business Matter the Chancellor came into England and in great humility went to St. Albans where the Queen Mother the Archbishop of Roven and the other Justiciaires alii Justiciarii Domini Regis met him and there produced a [8] Ibid. n. 30. Golden
Bull conteining an indissoluble league between the Emperor and the King and told them he came not as a Justice or a Legat or a Chancellor but as a Bishop only and the Kings Messenger And injoyned some Barons they should go with him to the King as Gilbert Bishop of Râ—thester Sefrid Bishop of Chichester Benedict Abbat of Peterburgh Richard Earl of Clâ—re Earl Roger Bigod Geofrey de Say and many others On the 25th of [9] Ibid. n. 40. f. 414. a. n. 20. A. D. 1193. A Treaty betweâ—n the Emperor and King of France June the Emperor and the King of France had appointed a Colloquium or Treaty which if it should proceed the King of England knew they two would conâ—aederate against the Archbishops of Colon and Menâ—s and against the Dukes of Lovain Lâ—mburgh and Saxonie and many other Great Men and Nobles who had conspired against the Emperor for the Bishop of Liege Brother to the Duke of Lovain his Death which he had contrived and suspected That if the Treaty should take effect he should be Delivered to the King of France [1] Ibid. n. 30. 'T is broke off by the King of Englands policy After great pains and at the instance of the King of England a Peace was made between the Emperor and great men before mentioned and so the Treaty or Colloquium between the Emperor and King of France was Defeated This done the Emperor on the Day after St. John Baptist came to [2] Ibid. n. 40. A Treaty between the Emeror and King Richard Worms where the King of England then was and there was celebrated a Colloquium or Treaty between them four Days There were present the Bishops of those parts the Dukes of Lovain and Limburgh with many Earls and Barons There were on the Kings behalf the Bishops of Bath and Ely and on the fourth Day that is to say on the Vigil or Eve of St. Peter and Paul came to the King William Briwer and Baldwin de Bretun and as yet they all dispaired of the Kings Freedom [3] Ibid. n. 50. The Agreement between them But next Day they came to a final agreement upon these Conditions That the King of England should give the Emperor 100000 Marks of Pure Silver according to the weight of Colon and other 50000 as an aid toward his Reducing Apulia That the King should give the Sister of Arthur Duke of Britany his Nephew as wife to the son of the Duke of Austria and that he should Deliver the Emperor of Cyprus and his Daughter [4] Ibid. b. lin 2. The 100000 Marks were to be brought into the Empire at the Hazard of the King of England and when they were there he was freely and Quietly to return into England under safe Conduct and this all the Bishops Dukes Earls and Barons there present sware on behalf of the Emperor The form of this Bargain or Composition follows in the [5] Ibid. n. 10. same place So soon as the King of France heard these things he [6] Ibid. n. 40. The King of France gives Earl John notice of it sent to Earl Iohn that he might have a Care of himself for the Devil was got loose who knowing he wrote it of his Brother he passed into Normandy and adhaered to the King of France not Daring to expect the coming of his Brother and soon after the King of England sent the Bishop of Ely his Chancellor and William Briwer and other wise men to the King of France to make peace with him [7] Ibid. n. 50. A Peace between England and France concluded which was done accordingly and the claims setled on both sides in which peace there was ample provision made for the security of Earl Iohn and all his Matters The Money was [8] Ibid. f. 416. b. lin 1. c. How the Money for the Kings Ransom was Collected Collected for the Kings Ransom Twenty Shillings of every Knights Fee The fourth part of all the Rents of the Laics and all the Chalices and other Riches of the Churches the Bishops Collected of their Clercs of some a fourth part of some a tenth and so it was in all the Kings Dominions beyond Sea by which there was gathered together an infinite Sum of Money and then the [9] Ibid. lin 7. Emperors Envoyes received at London the greatest part of the Kings Ransom And paid to the Emperors Envoyes in weight and measure and sealed it up and Delivered it to such as were to carry it to the Borders of the Empire at the hazard of the King of England The Emperor at this time [1] Ibid. n. 10. What the Emperor gave to King Richard Gave unto the King of England by his Chart the Country of Provence Viana and Vianois Marseille Narbon Arleblanâ— and Lions upon the Rhone and as far as the Alps and whatsoever he had in Burgundy and the Homage of the King of Arragon the Homage of the Earl of Disders and the Homage of the Earl of St. Giles in which Lands and Dominions there were Five Archbishoprics and thirty three Bishoprics but the Emperor never had them in his possession nor would the people ever Receive a Governor from him The King sent into England [2] Ibid. n. 20.30 Hubert Arch-Bishop of Canturbury made Chief Justice of England for his Mother Queen Alienor and for Walter Archbishop of Roven and many others to come to him into Germany and made Hubert Archbishop of Canturbury Chief Justice of England and wrote over that the Day appointed for his Delivery and Freedom was the first Monday after twenty Days after Christmass Day Before the Agreement was [3] Ibid. f. 417. a. lin 1. c. Earl John swears Fealty to King Richard Confirmed between the Emperor and King Richard he sent William Bishop of Ely his Chancellor and others into France to his Brother Earl Iohn and so effectually dealt with him That he returned into Normandy and swore Fealty to the King his Brother against all men and the King commanded that all the Castles belonging to the Honors he had given him should be Delivered to him as well in England as beyond Sea But those who had them in Custody would not deliver them upon the Writ Whereupon in Anger he went back to the King of France and staid with him and he gave him the Castles of Driencourt now Dancourt and Arches which should have been delivered to William Archbishop of Remes King Richard was to [4] Ibid. n. 20.30 A. D. 1194. remain at Spire until the time of his delivery and to that City came the Emperor with the Archbishops Bishops Dukes and Great Men of his Empire and when they had Treated a long time about the Freedom of the King of England Thither came Envoys from the King of France and Earl Iohn The King of France and Earl John offer the Emperor 1000 a month to keep King Richard prisoner and offered from the King 50000
Marks to the Emperor and from the Earl 30000 upon condition he might be kept prisoner until Michaelmass following or if the Emperor had rather they would give him a thousand Pounds a Month so long as he should keep him Prisoner or if it pleased him better the King of France would give him 100000 Marks and Earl Iohn 50000 to deliver him Prisoner into their hands or at least that he would keep him one year The Emperor prevailed upon to differ his Release upon these Offers the Emperor put off the Day of his Liberty and ordered it to be upon the Purification of St. Mary at Ments At that Day and place [5] Ibid. b. n. 30.40 Henry Emperor of the Romans with the Great Men of his Empire and Richard King of England with his Mother Queen Alienor and Walter Archbishop of Roven William Bishop of Ely his Chancellor and Savaric Bishop of Bath met and held a Council about the Liberty of the King of England The Emperor out of Covetousness tempted with the money the King of France and Earl Iohn offered would have gone from his Agreement and calling for theis Messengers amongst which The King of France and Earl Johns letters given to King Richard to read was Robert Nunant Brother to Hugh Bishop of Coventry he gave the King of France and Earl Iohns Letters which they wrote against his Liberty to the King of England to read at which he was much troubled and confounded dispairing of his Freedom He by his Friend and Counsellor Sollicites the Archbishops of Ments Colon and Saxeburgh who this Archbishop was I find not unless Treves or Trier had ever that name the Bishops of Worms Spire and Liege The Dukes of Suavia the Emperors Brother of Austria and Lovain The Earl Palatin of the Rhene and other Great Men of the Empire who were â—idejussors or undertakers for the Emperor upon the Agreement between him and the King of England The Emperors Fidejussors rebuke him for his Covetousness who boldly went to him and rebuked him for his Covetousness and for that he would so impudently run back from his Bargain Qui ita impudenter à pacto suo resilire volebat and wrought so effectually with him as he Freed the King from his imprisonment [6] Ibid. n. 50. He thereupon consents to King Richards release he giving Walter Archbishop of Roven Savaric Bishop of Bath and Baldwin Waâ— and many other sons of his Earls and Barons hostages or Pleges for the Residue of his Ransom Money unpaid and that he should keep peace to the Emperor his Empire and all his Dominions and the Archbishops of Menâ—s and Colon Delivered him free into the Hands of his Mother Alienor A. D. 1194. Robert Nunant refuses to be plege for the King on the fourth of February The King asked Robert Nunant to be a Plege for him he answered he was Earl Iohns Man or Vassal and therefore would not be Plege for him Respondet [7] Ibid. f. 418. a. lin 4. Quod esset homo Comitis Iohannis ideo noluit pro ipso obses Esse for which answer the King caused him to be taken and imprisoned The same Day the [8] Ibid. n. 10. The Emperor writes to Earl John to restore King Richard all his rights and possession Emperor the Archbishops Bishops Dukes and Earls of the Empire by their common Writing to which they put their Seals sent to the King of France and Earl Iohn that presently upon sight thereof they should deliver to the King of England the Castles City's Fortresses Towns Lands and whatsoever they had taken from him while he was the Emperors Prisoner and if they did not to let them know they would help him to recover what he had lost [9] Ibid. n. 20.30 King Richards generosity to the German Bishops and Nobility Hereupon King Richard by his Charts granted to several Archbishops Bishops Dukes Earls and Barons and others of the Empire annual Rents or stipends for their Homages Fealty's and aids or assistance against the French King and received the Homage of the Archbishops of Ments and Colon of the Bishop of Liege the Dukes of Austria and Lovain the Marquess of Montferrat the Duke of Lemburgh and the Duke of Swavia the Emperors Brother of the Earl Palatin of the Rhene the Son of the Earl of Haynault of the Earl of Holland and many others saving their Fealty to the Emperor He is conducted to Antwerp and from thence came to Sandwich who gave the King a safe conduct or Pass-port to Antwerp where he was under the protection of the Duke of Lovain from thence he came to England and landed at Sandwich on the 13th of March. Not long before the Kings [1] Ibid. n. 40.50 Arrival one Adam of St. Edmund a Clerc and servant to Earl Iohn was sent by him into England with Letters and Directions That his Castles should be fortified against his Brother He came to London and went to the Palace of Hubert Archbishop of Canturbury and dined with him where he Boasted much of the prosperity of his Master The Insolence of one of Earl Johns Servants and the intimacy he had with the King of France telling that he had given him the Castles of Driencurt and Arches which should have been given to the Archbishop of Rhemes and talked at a great Rate what his Lord could do if he had but Faithful Men. His Bragging discourse much exasperated the Archbishop and all that heard him He is apprehended and Earl Johns designs are discovered but for the Deference to the Table he was not apprehended But after Dinner in his Inn the Major of London took him and all his Briefs or Commissions which conteined all Earls Iohns design and delivered them to the Archbishop of Canturbury [2] Ibid. b. lin 4.5.6.7 who on the Morrow called before him the Bishops Earls and Barons of the Kingdom and shewed them those Letters and declared the Tenor of them and presently it was Determined by the Common Council of the Kingdom Earl John disseized of all his Tenements in England That Earl Iohn should be disseized of all his Tenements in England and that his Castles should be besieged statim per Commune Consilium Regni Definitum est Quod Comes Iohannes Dissaisiretur de omnibus Tenementis suis in Anglia ut Castella sua obsiderentur factum est ita and so it was done The same Day [3] Ib. b. n. 10. He his Advisers and Abettors Excommunicated Archbishop Hubert the Bishops of Lincoln London Rochester Winchester Worcester and Hereford and the Elect of Excester and many Abbats and Clercs of the Province of Canturbury came together and Anathematized Earl Iohn and all his Abetters and Advisers which had or should Disturb the Peace of King and Kingdom unless they laid down Arms and gave satisfaction All to whom the [4] Ibid. n. 20 30 40 c. His
Dead lay [6] Ibid. n 50. A. D. 1197. unburied in the Streets of the Cities of Normandy and the King being mightily Troubled the Archbishop would not Release the Interdict [7] Ibid b. lin 2. n. 10. King Richard sends Messengers to the Pope to make his defence sent the Bishop of Lisieux and Philip the Elect of Durham after Christmas to the Pope to make his Defence before him They appearing in his presence with the Archbishop He asserted his Right he had in Andeli and complained of the Injury King Richard had done by Building a Castle upon the Patrimony of the Church of Roven without his assent and contrary to his pleasure To which they answered [8] Ibid. n. 10. â—0 Their Plea in the Kings behaâ—f The King had often offered him by the Mediation of his Bishops and Abbats Earls and Barons full satisfaction by the Estimation of discreet understanding Men and did affirm on behalf of the King he could not part with That Island of Andeli in which the Castle was built because the King of France made his passage that way into Normandy and often wasted it and therefore the King of England fortified it for the Defence of his Country against the King of France [9] N. 20.30 The Popes advice to the Archbishop of Roven The Pope and Cardinals after long Deliberation attending the Damages which might accrue to Normandy if there were not a Castle built there Advised the Archbishop amicably to compose the Matter and to accept Recompence according to the Estimation of honest and wise Men Secundum proborum sapientum virorum Aestimationem Saying It was lawful for Kings and Princes to fortifie the weak places of their Countries to avoid Damage to themselves and People The Interdict released This done the Pope Released the Interdict The Messengers and Archbishop being Returned with the Determination of the Pope and Cardinals [1] Ibid. n. 40. What the King gave the Archbishop for a recompence the King summoned the Bishops Abbats Earls and Barons of Normandy together and gave to Walter Archbishop of Roven in Recompence of his Town of Andeli the Town of Deipe with its Appertenencies the Mills of Robec in the City of Roven and Loviers with its Appertenencies and much more according to the Kings Chart and the Popes Confirmation in [2] Col. 701. n. 40. Col. 702. Ralph de Dâ—ceto by which exchange the Archbishop confesseth the Church got above Five [3] Ibid. Col. 700. n. 30. hundred Pounds The same year [4] Hoved. f. 437. b. n. 50. A. D. 1197. He plundered and burnt St. Valeri Richard came to St. Valeri and burnt the Town and Destroyed the Monks and carried with him into Normandy the Shrine and Reliques of St. Valerie in that Port he found Ships from England laden with Grain and Victuals he hanged the Mariners burnt the Ships and distributed the Corn and Victuals amongst his Soldiers Then came into King Richard [5] Ibid. f. 438. a. lin 2. Several People Confederate with King Richard against King Philip. the People of Champaign the Flemings and Britans they gave Pledges mutually they would not make Peace with the King of France but by common advice The King of England Bribed with Gifts many of the Great Men of France he gave to the [6] Ibid. n. 10. Earl of Flanders 5000 Marks for his assistance and he gave Hostages he should not make Peace with the King of France without his consent and the same the King of England did to him [7] Ibid n. 20.30 The King of France made him great Offers to leave the King but not being able to effect it he again Capitulated with the King of England The Sons of [8] Ibidem Hubert composes the Differences between the Welch Princes King Rese the Son of Grâ—ffin contended after the Death of their Father who should Reign Hubert Archbishop of Canturbury went to the Borders of Wales and made them Friends Philip Bishop of Beavais [9] Ibid n 50. The Bishop of Beavals his complaint to the Pope against King Richard sent his Brother the Bishop of Orleans with his Epistle to the Pope informing him he was made Prisoner by the King of England and complaining how he was bound and laden with Irons notwithstanding the Dignity of his Order and as he says petitioned him with Tears for Relief The Pope [1] Ibid. b. n. 20. c. The Popes Answer writes back to him That he had put on a Soldiers Armour in stead of a Priests Habit and Vestments That the King of France was bound by Oath not to do any Damage to the King of England's Towns and Countries during the Time of his Peregrination and That he had impudently against his Faith and Oath by force seized his Towns and cruelly wasted his Countries That Humility against Pride Right and Equity against Wrong and Injury and Modesty against Arrogance fought for the King of England That he was not only a foolish Adviser of but an insolent Actor in his Kings extravagant Madness and at last told him he could only supplicate the King of England in his behalf for in such a case he neither could nor ought to Command But whether the Pope wrote in his behalf or notwithstanding what he wrote he remained in Prison and toward the latter end of the year 1198 offered King Richard for his [2] Ibid. f. 449. a. lin 4. Liberty 10000 Marks of Silver The two Kings made a Truce again for one year from the Feast of St. Hilary [ ] Ibid. f. 439. a. n. 10. A. D. 1198. And presently broken designing to make Peace A Truce made between the two Kings and final Concord between themselves But in September following this Truce was broken as hath been said in the Relation of the Skirmish between Gamache and Vernon and the Battel between Curcels and Gisors yet in November that [4] Ibid. f. 446. b. n. 40. year they made Truce again until the Feast of St. Hilary from this time to the Death of Richard all Hostility ceased between the two Kings These are some of the Battels Skirmishes and Engagements and the most notorious that were fought and happened between King Richard and King Philip in France some of the Truces that were as soon broken as made some of the Barbarous Devastations and Plunderings some of the Inhumane Killings and Leadings into Captivity committed and practised there during those last five years King Richard was in that Kingdom from the middle of May 1194 to the 6th of April 1199 the time of his Death Let us now take a Turn into England In the year 1198. Geofrey Fitz-Peter A. D. 1198. the new Justitiary of England sent forth [5] Ibid. f. 445. b. lin 7. Itinerant Justicâ—s sent forth by the Chief Justicâ—y Itinerant Justices and Hugh Bardulf Mr. Roger Arundel and Geofrey Haget had committed to them and journeyed through Lincoln
so prevailed with the Justices that their Cloaths were not Seized nor the Assise of King Richard to be kept concerning the Breadth of Cloath or the Measure of Grain King Richardâ— Assise for the Measure of Cloath and Grain made void by the Justices so as for the future they might make their Cloaths as Broad and Narrow as they pleased from whence to the Damage of many the Justices procured a great Summe of Money to the Kings use This Year the [4] Ibid. f. 466. a. n. 20. The Pope wrote to the Clergy to Contribute to the Relief of the Holy Land Pope wrote a pressing Epistle to the Archbishops and Bishops to contribute a fortieth part of their Ecclesiastical Revenues to the Relief of the Holy Land and to take care that the Clercs in every Diocess did the same [5] Ibid. f. 470. a. n. 40. He sent to the same purpose to the King of England and France The Master of the Hospital of Ierusalem wrote another lamentable Epistle to the Prior and Brethren of the same Hospital in England moving them very earnestly for Relief and that they would induce the King and great men to assist them The Pope reflecting seriously upon the Contents of these Letters sent a Cardinal to the Kings of England and France requiring them to make a Subsidy or Tax in their Dominions for the Relief of the Land of Ierusalem [6] Ibid. f. 471. a. lin 3. King John granteth a fortieth part of his Revenue for one year upon which Message and Request the two Kings consented to give the fortieth part of all their Revenues for one Year And the King of England would have it Levied of all his Revenue and of the Ward Lands and Escheats in his hands and Commanded that all Lay-men of his Dominions praecepit quod omnes Laici c. should give a fortieth part of all their Rents as an Alms for the Relief of the Land of Ierusalem Whereupon Geofry Fitz-Peter then Chief Jâ—sticiary of England wrote [7] Append. n. 80. to the Sheriffs of England to admonish and induce the Earls and Barons in every of their Sherifwicks and others to give a fortieth part as aforesaid and to Collect it In Lent the Year following the two Kings [8] Mat. Paris f. 207. lin 2. King Philips Demands refused by King John Parleyed near the Castle of Goleton where the King of France armed with mortal hatred against the King of England in Scorn commanded him forthwith to Deliver to Arthur Earl of Britany Normandy Tourain Anjou and Poictou and Exacted of him many other things which King Iohn refused to do The day following the King of France attacqued the Castle of Butavant took and Demolished it from whence he went to Ou and took that Town He besieged took and demolished many of King Johns Towns and Castles with the Castle of Limâ—s and many other Castles Ratepont Castle seated upon the River Andell in Veuxin he Besieged Eight Days and hearing the King of England was coming toward him he left it but within few days after took the Town of Gournay and then returned to Paris [9] Ibid. n. 10 20. and sent Arthur and the Governors he placed over him with two hundred French Knights into Poictou to subdue that Country or by hostile incursions to make it submit to him in their March they were told Queen Alienor Mother to King Iohn was in the Castle of Mirebeau with a small Company they besieged and took it but the Tower in which the Queen was they could not obtein those few that were in the Castle having retreated thither Here came into Arthur all the chief men and more noble Knights or Military men of Poictou especially Hugh le Brun Earl of March who was a public Enemy to King Iohn in Respect of Isabel his Queen Queen Alienor reduced to great streights by Arthur to whom he had been contracted before he married her They made up together a great Army and made sharp assaults upon the Tower The Queen in this streight [1] Ibid. n. 30. She sends to her Son for speedy relief The French and Poictovins put to flight Arthur and all the Nobility of Anjou and Poictou taken Prisoners sent to her Son passionately pressing him to come to her Relief He marched night and day and came sooner then it was believed he could be there The French and Poictovins went to meet and give him Battel the King put them to flight and pressed so hard upon them as he entred the Castle with them where was a sharp Conflict that was soon ended by the Courage of the English In this Fight were taken 200 French Knights and Duke Arthur with all the Nobles of Poictou and Anjou who were fettered and manacled with Iron and part of them sent into Normandy and part into England Arthur was sent to Falais to be kept safe there The King of France had Besieged the [2] Ibid. n. 40. Castle of Arches and Battered it fifteen days but hearing of Arthurs misfortune he raised the Siege and went to Paris and did nothing more that Year After a short time King Iohn went to [3] Ibid. n. 50 Arthur Demands the Kingdom of England of King John his Uncle Falais and caused his Nephew Arthur to be brought before him Many fair words he gave him and promised him many Honors to quit the King of France and stick to him as his Lord and Vncle but he answered him with Disdain and with threats Demanded the Kingdom of England and all the Dominions King Richard died possessed of as his right of Inheritance and Swore he should never injoy Peace unless he Restored them King Iohn very much troubled at his Demands He is sent Prisoner to Roven and never heard of more sent him to Roven to be made close Prisoner in the new Tower where he suddenly vanished [4] Ibid. f. 208. n. 10. And it presently began to be the Opinion of France and the suspicion of all Transmarine Countries That King Iohn Killed him with his own hands whence many were averted from him and persued him with an irreconcileable Hatred This Year the King caused to be proclaimed [5] Ibid. n. 20. A. D. 1202. A legal Assize of Bread to be observed a legal Assise of Bread to be inviolably observed under pain of Pilloty as it was tryed and approved by the Baker of Geofry Fitz-Peter Justiciary of England and it was to be so as the Bakers might gain in every Quarter three pence Besides the Bran and two Loaves at the Oven and four Half-peny's for four Servants and for two Boys one Farthing and an Allowance for Salt an half-peny and for Yest or Beer-good an Half-peny for Candel a Farthing for Fagots three pence and for Bulter and Sieve an Half-peny And according to this gain and allowance The weight of Bread proportioned to the price of Corn. when Wheat was at six Shillings the
the French and mainteyned an obstinate fight with them before they were taken After the Castle was yielded up Roger de Lasci was carried into France but for the Courage and Bravery he shewed in the Defence of the Castle the King commanded he should only be a Prisoner at large propter probitatem suam quam in Castri custodia fecerat Jubente Rege sub libera Custodia detentus est Upon this the Castellans and Citisens [7] Ibid. n. 50. f. 212. l. 1. King John denys Relief to his Transmarine Subjects subject to the King of England sent to him to let him know in what streights they were The time of Truce was almost Expired and they must either deliver up their City's and Castles or permit their Hostages to be destroyed He told their Messengers they could expect no help from him and therefore left it to them to do what they thought best So that for want of Relief They generally submit to the King of France all Normandy Tourain Anjou and Poictou came under the Dominion of the King of France with their City's and Castles except Roâ—hel Tuarz and Nioris The King knew these things yet lived in all delight with his Queen and thought with her he injoyed all things The next year [8] Ibid. n. 10. A. D. 1205. King Johns policy to get Money from his Subjects about Whitsunday the King levied a great Army as if he would pass beyond Sea he was Prohibited by the Archbishop of Canturbury and many others He caused a great Number of Ships to come to Portsmouth on the fifteenth of July he went on Board with a small Company and put to Sea but changing his mind the third day after he Landed near Warham in Dorset-shire [9] Ibid. Upon his Returnâ— he took of the Earls Barons Knights and Religious persons a vast Summe of Money upon pretence they would not follow him beyond Sea that he might Recover his lost Dominions On the thirteenth of July [1] Ibid. n. 30. Hubert Arch-Bishop of Canturbury dyeth Dyed Hubert Archbishop of Canturbury to the great Joy of the King as having been suspected for holding correspondency with the King of France [2] Ibidem The Monks choose their Supprior Archbishop without the Kings Knowlege Before the Arch-Bishop was Buried some of the Monks chose their Supprior Archbishop without the Kings Knowledge and sent him away privately to Rome to procure his confirmation when he came there and shewed the Pope and Cardinals his Instruments of Election and petitioned him to confirm it He told him he would deliberate while he had more certainty of his Election The Monks had obliged their Supprior to [3] Ibid. n. 40. He breaks his Oath of Secresie Secresie but so soon as he got into Flanders he divulged his Election and told he was going to Rome to get it confirmed and shewed the Instrument of the Convent testifying his Election They having [4] Ibid. f. 213. n. 20 30 40. They choose the Bishop of Norwich upon the Kings recommendation notice he had Broke his Oath of Secresie were mightily moved against him and sent to the King to desire his Licence to choose an Archbishop the King gave them free leave without any Condition but secretly let them know That if they would choose Iohn Bishop of Norwich they would do him acceptable service The Monks unanimously choose him and in due form and then sent for him to come with all speed to Canturbury The King and he went to Canturbury together and the next day the Prior in the presence of the King and all the multitude declared Iohn de Grai Bishop of Norwich duly Elected and then the Monks placed him in the Archiepiscopal Throne or Seat and the King put him in possession of all things that belonged to the Archbishopric This double Election happened to be the Foundation of many great mischiefs that followed * The King [5] Ibid. n. 50. f. 214 l. 1. A. D. 1206. sent some of the Monks of the Church of Canturbury to Rome to obtein the Popes Confirmation of the Election at the same time the Suffragans of that Province sent their Procters to Rome who made a grievous complaint to the Pope The Suffragans of the Province Complaint against the Monks to the Pope That the Monks had presumed to choose an Arch-Bishop without them when they of Common Right and ancient Custom de jure communi consuetudine Antiqua ought to have been present with the Monks at the Election They alleged Decrees and Precedents produced Witnesses and exhibited Testimonials That the Suffragans together with the Monks had chosen three Archbishops [6] Ibid. n. 10. The Monks Answer to their Complaint The Pope pronounceth Sentence in favor of the Monks The Monks on the contrary affirmed That by antient and allowed Custom and by special priviledge of Popes they used to make Elections without them which they offered to prove by sufficient Witnesses The Allegations on both sides having been heard and the Witnesses Examined the Pope appointed the 12th of the Calends of January or 21st of December for pronouncing Sentence which was in favor of the Monks and by which he for ever [7] Append. N. 81. excluded the Suffragans or Bishops of that Province from having any thing to do with or share in the Election of an Arch-Bishop * Append. N. 82. In the mean time the King had very submissively Written to the Pope not to disturb him in that right he and his Ancestors had in the Election of Archbishop and Bishops This [8] Paris ut supra n. 20. King John Besieges Mont-Auban Castle and taketh it year on the 25th of June King Iohn with a great Army takes Ship at Portsmouth and on the 9th of July Lands at Rochell The Poictovins came in to him and promised their assistance After he had subdued a considerable part of Poictou he marched to the strong Castle of Mont-Auban which he Besieged and after he had Battered it fifteen Days took it on the first of August and wrote to his Justices Bishops and Nobility of England what and how many great and illustrious Prisoners what Horse and Arms and what innumerable spoils he had taken After this the Religious [9] Ibidem n. 30. A truce for two years agreed upon persons of those parts mediating between the two Kings on the Feast of All Saints procured a two years Truce so as King Iohn returned into England and Landed at Portsmouth on the 12th of December About this [1] Ibid. n. 30. time Iohn Ferentin the Popes Legat came into England and scraped up a great Summe of Money and the Morrow after St. Luke held a great Council at Reading and soon after left England Rigord [2] f. 206. n. 20 30. A. D. 1206. says King Philip hearing King Iohn was Landed at Roâ—hell Raised a great Army and Marched into Poictou and fortified and Garrisoned Mirebeau
before Ascension Day he should be no King much Credit was given to what he said notwithstanding the King kept him in Bonds and Close Prisoner And the [1] Ibid. n. 20. King Johns dissolute Life Monk says the King Defiled many Noblemens Wives and Daughters laid great Taxes on others and Confiscated the Estates of others so as he made to himself almost so many Enemies as there were great men And therefore at this time [2] Ibidem when they knew themselves absolved from their Fealty and Allegiance they rejoyced much and says the Monk further if common same was to be credited they every one sent the King of France a [3] Ibid. n. 30. Chart Sealed with their Seals That he might safely come into England receive the Kingdom and be Crowned with honor and glory About this time [4] Ibid. A. D. 1212. The Bishops inform the Pope against the King Stephan Archbishop of Canturbury William Bishop of London and Eustachius Bishop of Ely went to Rome and informed the Pope of the many Rebellions and Enormities King Iohn had committed since the Interdict inuerunt Papae multimodas Rebelliones Enormitates quas fecerat Rex Anglorum Johanes lifting up the hand of oppression and Cruelty against God and Holy Church and therefore humbly supplicated him in this Extremity to commiserate and assist the English Church The Pope was very Sorrowful when he had heard their Narrative and by advice of his Cardinals Bishops and other wise men [5] Ibid. n. 40. The Pope pronounces the Sentence of Deposition And writes to King Philip to put it in Execution he pronounced the Sentence of Deposition against King Iohn and ordered a more worthy person to succeed him and wrote to Philip King of France to put this Sentence in Execution and that he might undertake it he granted to him the Remission of all his sins and the Kingdom of England to him and his Successors in perpetual right when once he had Dethroned and expelled him Ad hujus quoque sententiae executionem scripsit Dominus Papa potentissimo Regi Francorum Philippo Quatenus Remissionem omnium suorum peccaminum hunc laborem assumeret Rege Anglorum a Solio Regni expulso ipse successores sui Regnum Angliae Jure perpetuo possiderent He [6] Ibid. n. 50. The Popes zeal to have King John dethroned wrote also to all great men Knights and other Warriers of divers Nations That they should undertake the Crusado ut sese Cruce signarent for the Dethroning of the King of England and follow the King of France the General in this Expedition and labor to vindicate the Injury done to the Vniversal Church and Decreed that whosoever should contribute either Money or other assistance toward the subduing of that Contumacious King should remain secure as well in their Goods as persons and in the Suffrages of their Souls or Prayers for their Souls in the Peace of the Church as those who visit the Sepulchre of the Lord. Sicut illi qui Sepulchrum Domini visitant Tam in Rebus quam in personis animarum suffragiis in pace Ecclesiae securi permaneant [7] Ibid. Pandulph sent into England And with this Commission and Instructions he sent Pandulph his Nuntio with the English Bishops that in his presence they might be executed But when [8] Ibid f. 233. l. 1. they were all gone out Pandulph asked the Pope privately what he might do if the King of England should repent and make satisfaction to God and the Roman Church and all others concerned in this business He presently gave him a form of Peace to which if the King would assent he might find favor at the Apostolic See In January [9] Ibid. n. 20. Ann. Dom. 1213. The English Bishops pronounced the Sentence in France They exhort King Philip to execute it He accordingly prepares to go into England next year Stephan Arch-bishop of Canturbury William Bishop of London and Eustachius Bishop of Ely in a Council in France before the King Bishops Clergy and Laity solemnly promulged the Sentence that had been pronounced against the King of England for Contumacy and then exhorted the King of France and all with him and for the Remission of their Sins injoyned them to Depose King Iohn and set up another by the Popes Authority He had now what a long time he desired and prepares accordingly and commands all the men under his power that is to say Dukes Earls Barons Knights and Esquites to be ready with their Horse and Arms at Roven eight days after Easter Rex Francorum omnes suae ditionis hâ—mines duces videlicet Comâ—es Barones Milites servientes cum equis armis c. under the Disgrace of being reputed Turn-tayls or Run-aways sub nomine * Du Fresâ— says these words sub nomine Culvertagil are of the same import with sub Poena Confiscationis Culverragii or least they should be disinherited as Traytors At the same time he caused all the Ships of his own Nation and many others to be Equipped Armed and Victualled King [1] Ibid. n. 40. Iohn having notice of this great preparation against him beyond Sea took care to prevent the Danger of it by fitting up all the Ships in all the Ports of England and by sending to all the [2] Append. N. 95. Sheriffâ— of every County of England to summon all the Earls Barons Knights and all Freemen and Esquires or Serjeants whoever they were and of whomsoever they held who ought to have or could have Arms and who had done Homage and Ligeance to him [3] Paris 234. n. 10 20 King Johns preparation to oppose King Philip. There were several Rendezvouses at Dover Feversham and Ipswich where the numbers were so great as they wanted Victuals therefore the unarmed multitude was sent home and the Knights Esquires Freemen Crosse-Bow-men and Archers staid upon the Coast The Bishop of Norwiâ—h came out of Ireland with 500 Soldiers and many Horse to the King and was kindly received The whole Force that was Mustered upon Barham Down consisted of sixty Thousand strong well armed men He designed also to way-lay the French Fleet and fight them with his Navy which was greater and stronger then that of France While King [4] Ibid. n. 30 40 50. Pandulph affrighteth King John Iohn expected the arrival of the King of France upon the Coast of Kent near Dover Pandulph sent two Templars to let the King know he would speak with him by whom the King desired he would come to him with speed They met at Dover when Pandulph tells him what a vast Navy and Army the King of France a. The French Historians Rigord and Mezâ—raâ— and our * Hypodigm Neustria Walsingham in this Year 1213. say that of all the Nobility of France Ferrand Earl of Flanders only refused to assist the King of France in this Expedition so that he resolved before he took Shipping
in the mean time all on both parts to repossess their Lands Castles and Towns which they had in the Beginning of the War between the King and Barons On the 27th of June by his Writ Directed to the Sheriff of Warwic we find King Iohn at Winchester from whence he passed privately to the Isle of [6] Mat. Paris f. 264 n. 40. King John goes into the Isle of Wight Wight where considering how to free himself from the Fetters of the Barons the Hardships they had put upon him and how he might make himself King again [7] Ibidem Sends to the Pope to void his Engagements and what the Barons had done And sends beyond Sea for Forces He sent Pandulph with others to the Pope that he might by his Apostolic Authority make void what the Barons had done and Frustate their Design He also sent Walter Bishop of Worcester and Chancellor of England Iohn Bishop of Norwich Richard de Marisco or Marsh William Gernon and Hugh de Boves to all the Transmarine Neighbour Nations with his Seal to procure Military assistance [8] Ibid. f. 265 lin 1. c. promising such as would Arm themselves for him possessions and Money good Store And for the greater Credit if it were needful they might make Charts to such as were Willing to come for their Greater security and their Military Stipends and appointed them to meet him at Dover on Michaelmass Day with as many as they could bring over [9] Ibidem lin 4. c. he sent also to all his Castellans or Governors of his Castles to Fortifie Man and Victual them as if they were to be immediately besieged and endeavour'd to make the Seamen of the Five-Ports of his Party and Friends In the mean time [1] Ibidem f. 265. n. 20. the Barons which were in London thinking their Work compleated appointed to meet at a Torneament or Tryal of Feats at Arms at Stanford Whereupon Robert Fitz-Walter and other Great Men wrote to William de Albeney what great conveniency it was to them all to keep in the City of [2] Append. n. 121. London the Receptacle of the Barons The Torneament which was to be at Stanford put off and to be holden upon Hounslo-â—eath London which was their Receptacle and what disgrace and damage it would be to them if by their negligence it should be lost c. And therefore by Common Council they deferred the Iusts which were to be at Stanford on the Monday after the Feast of Peter and Paul the Apostles i. e. the 29th of June until Monday after the Octaves of that Feast And that they should be holden upon the Heath between Stanes and Hounslawe and this they did for the security of themselves and City And therefore they sent to and required them diligently That they should come so well provided with Horse and Arms to the Tilting as they might receive Honor And he that behaved himself best should have the Bear a Lady would send thither At the same time Mat. Paris f. 265. n. 40 50. f. 266. lin 1. c. The King by his Messengers complains to the Pope of the hard usage of the Barons the Messengers of the King appeared before the Pope complaining of the Barons what affronts and injuries they had done to and Rebellions they had raised against him Exacting from him such Wicked Laws and Liberties as were not fit for his Royal Dignity to Grant Exigentes ab eo quasdam Leges Libertates iniquas Quas Regiam Dignitatem non Decuit Confirmare And that after the Discord between them when the King and Barons often met to Treat of Peace he publickly protested before them That the Kingdom of England in Respect of Dominion belonged to the Roman Church and That without the Popes Consent he could ordain nothing New or Change any thing in his Kingdom to his Prejudice And Therefore by Appealing put himself And puts himself under his Protection and all the Rights of his Kingdom under the Protection of the Apostolic See That the Barons taking no notice of the Appeal were then in Possession of the City of London Delivered to them by Treason and then armed themselves and Exacted the foresaid Liberties and the King fearing their force dare not deny what they required And then they delivered the Articles of the Charter in Writing to the Pope which when he Diligently perused he Knit his Brows and said What do the Barons of England indeavor to Dethrone a King that hath taken upon him the Croysado and is under the protection of the Apostolic See and to Transfer the Dominion of the Roman Church to another By St. Peter this Injury we cannot pass by unpunished And Deliberating with the Cardinals Damned and Cassated for ever by a Definitive Sentence The Pope makes void the Charter of Liberties the Charter of Liberties so often mentioned and sent the Bull which Conteined the Sentence to the King But before we speak further of it ' its necessary to take notice of some Precedent Records which it refers to not to be found in the Historians After the Barons had appeared in a Warlike Posture before the King at Christmass as hath been related and made their Demands of the Liberties they required of him He gave the Pope Notice of it who upon the 19th of March following [4] Append. n. 122 123. The Pope chargeth the Barons for raising new Questions and Controversies and exhorts them not to enter into Conspiracies against the King but to behave themselves dutifully towards him wrote to the Archbishop and his Suffragans or the Bishops of his Province and the Barons that they raised new Questions and Controversies against the King such as were not heard of in the time of his Father or Brother That they should not enter into Conspiracies against him but humbly and Dutifully apply themselves to him and perform their accustomed Services which were Due and had been performed by their Predecessors to him and his Predecessors Upon which he would enjoyn him upon the Remission of his sins To deal Mildly with his Nobles and admit their Just Petitions On the 10th of May next following He Published a [5] Append. n. 124. Declaration That he would not take the Barons or their Men That is their Tenents nor Disseise them nor pass upon them by force and Arms But by the Law of the Land and Judgment of their Pears in his Court The King offers to refer the Differences between him and the Barons while Things should be Determined by Four to be chosen on his part and four by the Barons and the Pope to be Vmpire and for the Performance of this he offered as Sâ—curity the Bishops of London Worcester Chester Rochester and William Earl Waren On the 29th of May following King Iohn [6] Append. n. 125. The Archbishop and his Suffragans neglect the Popes Commands The Barons refuse to hear what he wrote King
John claims the Privilege of the Cross and refers himself to the Popes Discretion wrote to the Pope that the Archbishop of Canturbury and his Suctragans had neglected his Commands and that the great men and Barons altogether refused to hear what he wrote And attending what the Barons said He replied to them That England was the Patrimony of St. Peter and that he held it as the Patrimony of St. Peter the Church of Rome and the Pope and had taken upon him the Crusado and required the Privilege of such who had taken upon them that Expedition And after having recounted the Effects of his Former Offers to the Barons and Bishops upon which he could obtein no Remedy he Refers himself to the Popes Discretion to relieve him Upon the Consideration of all these Offers Declarations Matters and Things and the Recapitulation and brief Mention of them in his [7] Append n. 126. The Pope by consent of the Cardinals Damns the Charter of Liberties Bull and the Information of King John's Messengers lately sent to him the Pope by the Common Consent of the Cardinals Damns the Charter of Liberties and all obligations and Cautions which he had given and entred into for the performance of it and Declares them Null and void By [8] Append. n. 127. The Pope writes to the Barons and chargeth them with evil Practises against the King Letters of the same date with this Bull viz. Aug. 24. 1215. the Pope wrote to the Barons They had not well considered their Oath of Fidelity when they rashly persecuted their Lord the King That all men Detested their proceedings especially in such a cause where they made themselves both parties and Judges When the King was ready to do them Justice by their Peers in his Court according to the Laws and Customes of the Kingdom or to proceed by arbitrators chosen on both sides with a Reference to him if they agreed not And therefore commands them to Renounce that unlawful and unjust Composition they had extorted from him by fear and force and satisfie him and such as adhered to him for the Injuries they had done them That by this means the King might be induced to Grant whatsoever of right ought to be granted to them And further adviseth them to send their procurators or Deputies to the next General Council which he intended suddenly to call about the Business of the Cross where would be the Archbishop and other English Bishops and there Commit themselves to his good pleasure who by the Favor and God intended so to Determin things as to do away all oppressions and Abuses in the Kingdom that so the King being Content with his own Right and Honor the whole Clergy and Laity might rejoyce in their Just Repose and Liberty The Popes Letters or Mediation prevailed not with the Barons they [9] Mat. Paris f. 268. n. 10. The Popes Letters prevail not upon the Barons They consult how to secure London and make William de Albiney Governor of Rochester-Castle persued what they had undertaken and sent for William de Albiney a stout man and experienced Soldier several Times before he came at last upon a Chiding Letter having secured the Castle of Belvoir or Beauvoir he came to them to London where he was received with great Joy by the Barons who immediately consulting how to secure the City of London from being besieged by the King and shutting up all passages to it raised a considerable Force and put them with William de Albiney into Rochester Castle whereof he was made Governor But before they had provided for their Defence so well as they intended the King after three Months stay in the [1] Ibid. n. 30. Isle of Wight was Sailed from thence to Dover where he met his Messengers or Commissioners he had sent beyond Sea with Forces from Poictou The King with forces from beyond Sea besiegeth Rochester Castle The Barons offer to relieve it Gascony Brabant and Flanders with which he Besieged the Castle of Rochester The Barons had Sworn to William de Albiney That it the Castle should happen to be besieged they would use their utmost indeavours to Relieve it they Marched as far as Dartford and then retreated to London They within Defended the place with great Courage and Resolution and at last after almost three Months were forced to yield without Conditions for want of Victuals It yeilds for want of Victuals The Siege was very Expensive to the King and many of his Men were slain in it for which reasons he would have hanged all the Noble Men or Knights had it not been for the perswasion of Savaric de Malo Leone and some others who told him the War might prove long and some of his own Knights might be taken and put to Death after the same manner Whereupon he sent William de Albiney The King Imprisons the persons of best Quality W. de Lancaster W. de Emeford Thomas de Mulecon Osbert Giffard Osbert de Bonbi Odinell de Albiney and others of the best Quality Prisoners to Corf Castle and others to Divers other Prisons all the Ordinary Men but the Cross Bow-Men And Hanged the Ordinary Soldiers he caused to be Hanged The Pope upon notice [2] Ibid. n. 40. That the Barons persisted in the persecution of the King [3] Append. n. 128. The Pope Excommunicates the Barons Excommunicated them and Committed the Execution of the Sentence to Peter Bishop of Winchester the Abbat of Reding and Pandulph Sub-Deacon of the Roman Church in which Brief of Excommunication he injoyned the Archbishop and Bishops by virtue of their Obedience That they should cause the Sentece to be Published every Lords Day and Holy Day with Ringing of Bells and Lightning of Candels throughout all England while the Barons fatisfyed the King for the Injuries done to him and returned to their Obedience The Bishop of [4] Paris f. 271. n. 50. Winchester and Pandulph personally attended the Archbishop of Canturbury and in the Name of the Pope Commanded him to Direct the Bishops of his Province to Publish this Sentence against the Barons He was ready to take Ship to go to the Council at Rome and desired Respit until he spake with the Pope affirming The Archbishop suspended for Disobedience to the Pope the Sentence had been obteined by Concealing Truth and therefore he should by no means Publish it until by Discourse with the Pope he Knew his Mind concerning it [5] Ibid. f. 272. lin 2. The Barons declared Excomunicated They value not the Sentence because not named particularly These two when they found the Archbishop Disobedient to the Popes Command suspended him from entring the Church and Celebrating Divine Service and then the Bishop of Winchester Declared all the Barons that had indeavored to Drive the King out of the Kingdom Excommunitate and continued to do so every Lords Day and Festival But they because not Named in the Popes Brief valued
Ros in Yorkshire in the Power of the Barons and so marching by the [6] Ibid. n. 50. Borders of Wales he took in many of his Enemies Castles Demolishing some and fortifying others The [7] Ibid. f. 277. lin 1. The Pope Excommunicated the Chiâ—fell of the Barons by name c. Pope having notice from the King that the Barons valued not his General Excommunication of them Excommunicatâ—d the chiefest of them by name and committed the Execution of his Brief to the Abbat of Aâ—â—ndune the Arch-Deacon of Poictou and Master Robert Official of Norwich [8] Append. n. 130. by which he Excommunicated and Anathematised all the Barons with their assistants and Favorers which persecuted the illustrious King John of England Vassal to the Church of Rome and Furthermore he Excommunicated and Anathematized all those who helped them to invade and possesss the Kingdom or hindred any persons from going to and assisting the King He excomunicated the Citisens of London And put the City under Interdict and put all the Barons Lands under interdict he also Excommunicates the Citisens of London that were principal Actors against the King and one and Thirty others by name and their Accomplices and puts the City of London under Ecclesiastic Interdict and all this without Remedy of Appeal This Brief bears Date the 17th of the Kalends of January i. e. December 16th 1215. The [9] Append. n. 131. Cathedral and Conventual Churches injoyned to Declare and publish the excommunication against the Barons Commissioners upon the Receit of the Brief writ to all Cathedral and Conventual Churches injoyning them to Publish this Brief of Excommunication against the Barons and to order it to be Published in the Parish Churches within their several Jurisdictions upon Lords Days and Festivals and injoyned them to Publish thirty other Barons by name excommunicate which were conteined in the Sentence drawn up by Peter Bishop of Winchester Pandulph and the Abbat of Reding Upon the Publication of this Brief only the [1] Mat. Paris f. 278. lin 7. and n. 10. The City of London Contumacious City of London stood Contumacious and Despised it so as the Barons resolved not to observe it nor the Bishops to urge it for that it was generally said the Briefs were obteined by false Suggestions and therefore of no moment and for that especially it belonged not to the Pope to Direct and Govern in Lay-Matters when as the Power and Disposition of Eccclesiastic affairs only was Collated by God to Peter the Apostle and his Successors how came the insatiable Covetousness of the Romans to extend it self to them said they how to our Apostolic Bishops our Barons and Knights behold the Successors of Constantine not Peter they do not the Works of Peter nor are they to be alike to him in Power About the same Time [2] Ibid. n. 20.30 The Isle of Ely taken and plundered Walter Buuk with his Brabanters entred the Isle of Ely by Audrey Causeway Walterus Buuk cum Brabantiis suis versus [*âŽ*] This Herebie that is the Army-Habitation or abiding place was the Old Fortification where part of the Conquerors Army lay at the end of Audrey Causeway against the Isle of Ely now called by the Country people Belsars Hills Herehie Elyensemintrans Insulam While William Earl of Salisbury Faulx and Sabariâ— de Malo Leone passing over the Ice entred it on the contrary side by Stuntney Bridge and wasted and plundered the whole many that fled thither as to a place of Safety were taken and put to Ransom the Cathedral was redeemed from fire by the Prior for the sum of an Hundred and Nine Marks of Silver The Barons [3] Ibid. n. 40. and f. 279. lin 8. The Barons choose Lewis Son to Philip King of France their King being brought this low Condition Consulted together and resolved to choose some Potent Person for their King They pitched upon Lewis Son to Philip King of France because the forreign forces which were King Iohns greatest strength came out of his Territories so that he would be deprived of their assistance and left as it were to their Mercy This generally pleased them and they [4[ Ibid. n. 20. sent Saher Earl of Winton and Robert Fitz-Walter to King Philip and Lewis his Son with Letters sealed with the Barons Seals earnestly Imploring the Father to send his Son to be King of England and the Son that he would forthwith come and be Crowned The King of France having perused the Barons letters told their Commissioners he should not send his Son until for his greater security and send 24 hostages for his Security he should receive Twenty Four Hostages or Pleges of the most noble persons of the Kingdom And the Barons having no other Remedy sent to him so many Hostages according to his own Will [5] Ibid. n. 30. which so soon as Received and put into Safe Custody Lewis prepared for the Expedition he desired above all things He sends forces before his own coming A. D. 1216. and sent before him into England the Castellan of St. Omar the Casâ—llan of Arras Hugh Chacun Eustace de Nevill Baldwin Breul Giles de Melun W. de Bellomonte or Beaumont Giles de Hersi Biseâ— de Fersi with a great Troup of Soldiers to incourage the Barons who came up the Thames to London and were received with great Joy on the Twenty seventh of February About the same time [6] Ibid. n. 40. Stephan Archbishop of Canturbury having given Caution at Rome that he would stand to the Judgment and Determination of the Pope concerning the things before expressed was absolved from the Sentence of Suspension The Archbishop of Canturbury absolved upon Condition he should not return into England until there was a firm Peace Established between the King and Barons At Easter [7] Ibid. The Abbat of Abbendon and his fellow Commissioners finding the Contumacy of the Barons and City of London cum Contumaciam Baronum Londinensis Civitatis Cognovissent wrote to all the Conventual Churches of England [8] Append. n. 132. The Dean of St. Martins and several Chapters in London excommunicated to Publish the Sentence of Excommunication against the Chapters of St. Pauls and St. Martins and G. Boâ—land Dean of St. Martins and the Convent of Holy Trinity for their Contempt to the Pope in not publishing the Sentence against the persecutors of King John and also Commanded them to Excommunicate the Castellan of St. Omar with all his Company that came to invade and possess the Kingdom of England together with all Canons and Clercs within the City under Danger of falling into the Popes displeasure This [9] Mat. Paris f. 245. n. to The Description of the Pope Monk is very Sharp upon the Pope concerning these Excommunications and saith that King Iohn knew and had learnt by much experience That he was ambitious and proud above all Mortals and insatiably thirsty after
But first the Kings Messengers summoned them to Surrender and were answered by William de Brent Falcasius his Brother They did not look [7] Ibid n. 50. The King Summons Bedford Castle 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 The Answer â—o the Summons The Arch Bishop Excommunicates Falcasius and the Garison The Castle taken by Assault and threatned if taken by force not to spare one man The Arch-Bishop and Bishops Excommunicated Falcasius 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] f. 321. n. 30. Twenty Four of the Garison Hanged 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 intercession of Alexander Bishop of Coventry [9] Ibid. n. 40. Falcasius submits to the Kings Mercy He is committed to the Custody of the Bishop of London 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 Eustachius Bishop of London till further Order and caused the * Ibid. f. 322. l. 7. Castle to be Demolished but gave the houses and ground to William de Beauchamp After this the Parliament granted to the King 2 shillings of every Plough Land and the King granted to the Great men Scutage two Marks Sterling of every Knights Fee to be levyed of their Tenants [1] f. 322. l. 3. The King Grants to the great men Scutage from their Tenents In the year 1225. King Henry [2] A Parliament at Westminster A. D. 1225. kept his Christmass at Westminster 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 presence of the Archbishops Bishops and Earls Barons and all others Coram Archiepiscopis Episcopis Comitibus Baronibus aliis Vniversis declared the Damages and Injuries the King susteined in his Dominions beyond Sea wherein not only the King but also many Earls and others were outed of their Possessions And seeing 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 retrieving of which He thought the Fifteenth part of all Moveables A Fifteenth granted both of Ecclesiastics and Laic's might be sufficient This being propounded [3] Ibid n. 20. the Archbishop and all the Bishops Earls and Barons 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 petitas concedere voluisset The Charter of Liberties and of the Forest granted 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 Counties in which there were Forests Two were directed One concerning their common Liberties the other concerning the Liberties of the 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] Ibid. n. 30. 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 forthwith to be Disforested The Council being ended Charters were carried to every County and by the Kings Command every one sworn 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 Record it self is Printed in the * n. 150. Appendix On Candlemass-day following the King [5] Ibid. n. 40 50. The King Knights his Brother Richard and makes him Earl of Cornwal and Poictou He with others is sent into Gascoigny The Knights and Soldiers of that Countrey come into him He reduceth Gascoigny to Obedience Knighted his Brother Richard and Ten Noblemen with him and made him Earl of Cornwal and Poictou In the Spring he sent him accompanied with 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 received Wages from him Then he marched with a great Army through all Gascoigny and seised the Castles of such as refused to do Homage 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 Marâ—h who was sent by the King of France to raise the Siege of Reole Castle Rigord * De Gestis Ludowici A. D. 1224. f. 399. n. 20.30 tells this Story otherwise and the later French Historians 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 In March following [6] f. 324. n. 20. Falcasius his Sentence the Great Men met the King at Westminster at a Parlement or Conference Convenerunt apud Westmonasterium ad Colloquium Rex Magnates sui where the King Commanded 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 he should lose neither Life nor Limb For ever to abjure the Kingdom but should for ever abjure the Kingdom Whereupon the King commanded William Earl of Warren safely to conduct him to the
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 Transaction hitherto The * Append. n. 152. Record says That the Pope wrote to King Henry To correct the Injuries Hubert de Burgh had done to the Roman Chucch and the * See before for this Matter Italian Clercs here in England and That thereupon the King sâ—nt 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 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 voluntarily 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 present received him carried him to London and delivered him to the Constable of the Tower The King not satisfied sent Stephan de Segrave then Justiciary John de Lascy Earl of Lincoln Brian de Lisle and others to know whether he was forced or went out voluntarily He answered he went out freely and not for want of Victuals 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 Warren 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 accused 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 permission of those that accused him Respited the Judgment notwithstanding 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 Father and all Writings and Instruments that concerned them Then he should have and retain the Lands and Tenements which descended 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 Richard Marshalâ— Earl of Pembroke and John Earl of Lincoln until 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 wheresoever or by whomsoever he should be found he was to be used as an Out-law Toward the latter end of this year in December Lewelin * Append. n. 153. Granted and promised to stand to the determination of Ralph Bishop of Chichester and Chancellor Alexander Bishop of Lichfield and Coventry Richard Marshal Earl of Pembroke John de Lascy Earl of Lincoln and Constable of Chester Stephan de Segrave Justiciary of England 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 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] fol. 384. n. 20 30 40. A. D. 1233. The English Nobility removed from the Kings Counsels kept his Court at Worcester where by the advice of Peter Bâ—shop of Winchester as it was reported he removed all Bishops Earls Barons and Noblemen from his Council and would trust no one but the aforesaid Bishop and Peter de Rivallis his Kinsman So that the management of all publick Affairs was committed to them The Poictovins and Brittans were now invited into England Poictovins and Brittans called into England The Wardships of the Nobility committed to them The English complain of it in vain and there came over 2000 Knights and Servants whâ— 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 complained of their burthens and oppression to the King they were hindred of remedy through the powerful influence of the Bishop of Winchester When [7] Ibid. n. 50. Richard Earl Marshal speaks boldly to the King Concern in the Poictovins Richard Earl Mareschal saw both the Noble and Ignoble oppressed and the Laws of the Kingdom laid aside He as a lover 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 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 replyed The Bishop of Winchesters Answer to him 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 Mareschal and the rest heard this Answer [8] fol. 385. lin 2. they retired from Court promising faithfully to stand by one another in that cause usque ad divisionem corporis anima to the very parting of Body and Soul The last year in Autumn [9] Ibid. n. 40. The Pope voids the Election of John Blund
much concerned for the present state of the Kingdom seeing He was apparent Heir to the Crown Cum simsolus Haeres Apparens And altho so many profits accrued every way to the King yet the Treasury was empty when the Kingdom was on every side encompassed with Enemies and Strangers enriched with Church Revenues and Benefices Given and Founded by our pious Ancestors When the Legat heard this [9] f. 468. n. 10. he endeavoured by admonition Entreaties and threats to allure or affright them into a complyance but to no purpose for the King saw their inclinations were bent toward his Brother He therefore when he could prevail nothing desired time till the day after the first Sunday in Lent to give his Answer [1] Ibid. n. 20. The Great Men come armed to meet the King at London Accordingly on the day appointed the Great Men met at London 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 submit himself Provisioni quorundam de gravioribus viris To the Determination 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 thiâ— time Simon Montfort and the Earl of Lincoln by their humble submission and the intercession of others and some Gifts Earl Richard brought â—ver to the Kings side so wrought upon Earl Richard that he was reconciled to them having first given caution to satisfy for the injuries committed yet it blasted his Reputation and his Integrity was suspected This year on the 4th of March dyed Joanna Queen of Scots eldest Sister to King Henry Simon [2] f. 468. n. 40. Montfort goes to Rome to procure a Confirmation of his Marriage Montfort seeing himself neglected by the King Earl Richard and the Great Men and his late Marriage with the Kings 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] f. 471. n. 10. His success there 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 Montforâ— and on the 14th of [4] Ibid. f. 47â— n. 10. He is kindly received by the King 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] f. 469. n. 30 40. Otto the Legate honorably received at Oxford An unfortunate quarrel between his Servants and the Scholras The Legate's Cook slain His flight and complaint to the King 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 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 immediately 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 darkness made his escape and hastened to the King and with many complaints and Tears related what had befallen him at Oxford [6] f. 470. n. 10. The Earl of Warren sent to repress the insolence of the Scholars Oxford Interdicted Upon 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 Legate after he had recovered his fright called some Bishops to him Interdicted Oxford and Excommunicated all that were Abettors or consenting to the late Enormity Soon after he summoned all the Bâ—shops of England to meet him at London A. D. 1238. 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] Ibid. n. â—0 At length the Legate was prevailed upon to restore them on these conditions That all the Scholars 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 On what conditions restâ—red 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 was restored and the Legate promised it should be no infamy or reproach to them This year soon after Easter the King sent assistance [8] Ibid. n. 40. The King sendeth men to the Emperors Assistance to the Emperor 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 Obedience He likewise sent a Letter to the Pope in the Emperors behalf which was taken very ill at the Court of Rome It is ill taken at Rome and put a stop to all English Affairs for some time This year [9] f. 472. l. 3. Peter Bishop of Winchester Dyes 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] f 473. n. 20 30. The Monks refuse to choose him the King recommended incline the Monks to choose William the Elect of Valence to succeed in that Bishopric but could 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 elected Ralph [2] Ibid. n. 50. They choose the Bishop of Chichester the Chancellor The Seal taken from him His Election voided at Rome 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
Mareschalcy of his Brother 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] fol. 573. n. 10. A. D. 1241 But at length through the intercessions of the Queen the Bishop of Durham and some other Noblemen He 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 Garrisoned to secure his new Acquisitions there This year [1] fol. 574. n. 10. and fol. 573. n. 50. Pope Gregory's death His Collectors were too nimble for King Henry August the 22. dyed Pope Gregory and the Emperor dispatched a Messenger to give King Henry speedy notice of 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 escaped into France with all their prey but were met with by the Emperors Servants taken and imprisoned and all their Money and Treasure paid into the Imperial Exchequer About the same time dyed [2] f. 574. n. 40. A. D. 1241. Alienor the Daughter of Geofry Earl of Britany having been kept in prison many years by whose death without Issue King Henry had a direct Title to the Crown which he had not before In the year 1242. A. D. 1242. King Henry at [3] fol. 578. n. 50. Peter of Savoy resigns up all his Castles into the Kings hands But is forced to be Governor of Dover Castle 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 Countrey 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] fol. 579. n. 10 20 30. The Earl of March refuses to do Homage to the Earl of Poictou Earl of March refused to do Homage to Alphonsus Earl of Poictou the King of France his Brother and applyed himself to the King of England for Protection perswading him that by the help of the Poictovins and Gascoignians King of Arragon and Earl of Tholouse he might easily recover those lost Dominions The King giving credit to these fair pretences [5] Ibid. n. 40. King Henry is ingaged in the quarrrel and calls a Parliament at London Scripsit omnibus suis Magnatibus Angliae Archiepiscopis Episcopis Abbatibus Prioribus Comitibus Baronibus districtè praecipiens ut omnes generaliter Londinum die Martis proxiâ— ante Pâ—rificationem B. Virginis convenirent de Arduis negotiis dilationem non capientibus cum summâ deliberatione tractaturi Wrote to all his Great Men of England Arch-Bishops Bishops Abbats Priors Earls and Barons streightly Commanding them That they should all meet at London on Tuesday before Candlemass-day to Treat with great Deliberation of such difficult Matters as would not bear any delay The day after [6] Ibid. n. 50. Earl Richard returns into England 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 for the recovery of Poictou and had confirmed the King in his resolution to Attempt it At the day appointed the [7] fol. 580. n. â—0 20 30 40 50. The Parliament are against the Kings engaging in a War with France Nobility of all England as well Prelates as Earls and Barons met at London according to their Summons Totius Angliae Nobilitas tam Praelatorum quam Comitum ac Baronum 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 oppose both him and the Poictovins who advised it adding That they had been Taxed and Pillaged as the meanest of Slaves and what had been thus extorted was unprofitably spent and therefore would not consent any more Money should be granted to be so vainly wasted and consumed The King's contrivance to gain their conâ—ent ineffectual 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 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 and the Kingdom nothing advantaged by it [8] fol. 581. lin 1. Reasons against undertaking the War at that juncture Moreover they very much wondred he should undertake so hazardous a War without 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 expect but little faith from such who had proved Traytors to their natural Prince Adding the unsuccessful Attempts that many of his Predecessors had made in this nature [9] Ibid. n. 10. The King resolved to persue the War 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 Paris inconsistent with himself in this matter This 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] Ibid. n. 20 30 40 50. A different Account of this Conference folloâ—s this which he says was Written as a perpetual Memorial of the Baronâ— Answer to the King it appears they never spake or had Conference with the King
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] fol. 599. n. 10. him to hasten his return into England On St. Gregories Day March 12th the 1 Fol. 600. n. 10. The Truce between England and France confirmed Five years Truce between the King of England and France were confirmed and by Agreement 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 Ibid. n. 40 50. The Kings passage into England delayed by many Accidents He commit's the Government of Gascoigny to Nicholas de Molis the King wrote to the Arch-bishop to provide 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 Burdeaux and all the Gasconians were unwilling to part with so profitable a Guest who was so generous in his distributions and after he was shipped he was forced to return again to Burdeaux to quiet the Tumults that arose among the Gascoinians whereby the Archbishop and Great men of 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] fol. 604. n. 20 30. The King received by his Subjects with the greatest instances of Gratitude and Joy Winchester 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 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] fol. 605. n. 50. The Jews forced to pay great Sums of money to the King The Religious made him great presents 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 On the first of November [5] fol. 606. n. 40. Beatrix Countess of Provence the Queens Mother came into England and brought with her her Daughter Cincia who was soon after Marryed [6] Ibid. n. 40. Earl Richard married to Cincia Daughter to Beatrix Countess of Provence to Earl Richard at Westminster on Saint Clements-Day the 23d of that Month and _____ th Weding was celebrated with great Pomp and Feasting there being no less than 30000 Dishes provided for one Dinner Triginta Millia Ferculorum prandentibus parabantur In the Year 1244. King Henry at [7] fol. 613. n. 30. The King and Court treated by Earl Richard at Wallingford 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 Câ—ncia was there with Beatrix her Mother who soon after took her solemn [8] Ibid. n. 40. leave of the King and Court took Ship at Dover and passed into her own Country About this Time the Pope sent Master [9] Ibid. n. 50. Innocent the 4th Martin the Pope's Legate sent into England with an Exorbitant power He Exercise's it accordingly 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 Revenue 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 strictly 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 Malmsbury and Prior of Merton were until they should make full satisfaction and when any Prebendaries of Churches became void He presently seized them and by Virtue of the Popes Authority disposed of them as he pleased and gave one of the rich Praebendaries of Salisbury 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] fol. 614. n. 50. The King of France his Offer to his Subjâ—cts that had Estates in England and France The King of England would not consent to it assembled at Paris all such of his Subjects that had possessions in England and declared to them That He thought they could not serve faithfully two different Lords at the same time and then gave them their Choice to whom they would adhere and after that to relinquish their possessions 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 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 Invectives His Norman Subjects made against the King of England In February King Henry received [2] fol. 616. n. 50. Several new Counsellers made Sir Paulinus Piper Steward of his Household and John Mansell Chancellor of St. Pauls into his Council and Master Lawrence of St. Martins was made Praesident of his Council and his Procurator in all Ecclesiastical Affairs [3] fol. 617. n. 20. The Unfortunate End of Griffin Prince Leolins Son About the same time Griffin Son of Leolin Prince of North Wales Prisoner in the Tower of London endeavoured to make his escape 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 A. D. 1244. This Year notwithstanding their Oaths Engagements and Charts the Welch men and their Prince had made to King Henry [4] fol. 638. n. 10. The Welch revolt from King Henry they Revolted from his Obedience and made War
Procurators returned without [7] f. 681. n. 30. a satisfactory Answer yet at length he [8] f. 696. n. 10 20 30 40. The Popes Grant to Patrons of Benefices iâ— England Granted that all Patrons both Lay and Ecclesiastic should present whom they would to Ecclesiastic Benefices without the Let or hinderance of him or his Legats But afterwards with a Non [8] f. 668. n. 20. Obstante to this privilege he totally destroyed it when ever he had a Mind to prefer any of the Italian Clergy About the Beginning of July the King [1] fol. 660. n. â—0 Clau. 29. Hen. 3 M. 8. D. The King prepares for an Expedition into Wales 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 their Service The Welchmen kept themselves upon their Mountains and in their Woods and fastnesses and took their Opportunities now and then to Destroy some Parties of the English and all that King Henry did in 10 Weeks time was to [2] f. 682. n. 20. f. 683. f. 684. n. 30. 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 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] f. 695. n. 40. A. D. 1246 Prince David dyeth without Issue died David Prince of b. The Prince of Northwales was the [7] Dr. Pow. Hist of Wales p. 315. Superior of all the Princes of Wales to whom the other Princes of South Wales and Powls paid a certain Tribute yearly as appears in the Laws of Howel Dha Northwales 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 together and chose [ ] History of Wales p. 314. Owen and Lewelin who divided the Principality between them and received their Homages This year in a Parlement at London there were severe A Parlement at London Laws made against such as Robbed Parks or Warrens [6] Paris ut supra f. 695. n. 50. lib. Additam f. 156. n. 10. Laws made against Robbers of Warrens and Parks If the Malefactor fled and was Killed there was neither Law or Appeal allowed for his Death If an Earl Baron or Knight complained to the King 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 Transgression And if any one were taken in a Park or Warren without the 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 Kingdom met at London according to Summons [8] Paris f. 698. n. 40 50. A General Parlement held at London where the King Conferred with the Bishops apart the Earls and Barons apart and the Abbats and Priors apart about the Popes not keeping his promises concerning the Removal of their Grievances which were these Papal Exctions and Oppressions First That the Pope not content with the payment of Peter-pence oppressed the Kingdom by Extorting from the Clergy great Contributions without the Kings Consent against the Antient Customes Liberties and Rights of the Kingdom and against the Appeal of the Procurators of the King and Kingdom in the General Council of Lyons 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 Kingdom to the Impoverishing of it Thirdly The Nation was oppressed by the Popes Exaction of Pensions from Churches Fourthly The Church and Nation suffered for that Italians succeeded 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 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 Privileges Sixthly The Church and Kingdom suffered for that in the Parishes where the Italians were Beneficed there was no Alms no Hospitality 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 The result of this Conference upon these Grievances for the Reverence due to the Apostolic See they should again Supplicate 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] f. 699 700 701. himself the Bishops by themselves the Abbats by themselves and the Earls and Barons by the name of the Vniversity of England by themselves as appears by their particular Letters extant in Mat. Paris But notwithstanding this Appeal [1] f. 681. n. 40. The English Bishops at the Council of Lyons imposed upon by the Pope the Pope just before the Dissolution of the Council of Lyons caused the English Bâ—shops 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 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 Emperor And yet further to the great prejudice of the King and Kingdom he [2] f. 701. n. 50. A new Oppression of the English Bishops by the Pope sent his Apostolic Commands to the Bishops That some of them should find him 15 others 10 others 5 stout men well Horsed and Armed 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 This year by great [3] f. 705. n. 30. The Office of Marescalcie granted
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 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 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 The Witnesses that set their Hands and Seals to the Ordinance 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 Humfry de Bohun William Montchensey and the Major of London put their Seals to the Writing Done in the Parlement at London in the 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 Parlement 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] Append. n. 214. Nine to be named to the King for his Council Record by which 't is Manifest That the King gave Power to Stephen Bishop of Chichester Simon Montfort Earl of Leycester and Gilbert de Clare Earl of Gloucester and Hertford to name nine as well Prelates as others by whose Advice he would Govern the Nation and commanded them to proceed to the Nomination Which Record is dated June 23d the day after their first Meeting The short Account [2] f. 394. lin 3. Mat. Westminster his Account of this Affair agrees with the Record Mat. of Westminster gives of this Matter in many things agrees with the Records The Prelates Earls and Barons saith he of that party which seditiously held their King Prisoner 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 Ordained 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 directed 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 Leycester and Glocester and Bishop of Chichester [3] Ibid. n. 10. The Bishop of Chichester's promised to such as should die fighting against the King who promised all that fought stoutly against the King and were killed in the Battel of Lewes immediate entrance into Heaven were Constituted the three chief Counsellors Then [4] Ibid. lin 16. They send Letters to the Pope's Legat and King of France to acquaint them with their proceedings 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 consent to this Cheat. Having contrived and perfected these Ordinances they sent [4] Ibid. lin 16. They send Letters to the Pope's Legat and King of France to acquaint them with their proceedings Letters to the Bishop of la Sabina a Cardinal and then the Popes Legat 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 Bishops 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 Saturday after the Nativity of the Blessed Virgin which is September the 8th the Bishops of London Worcester and Winchester with Hugh D'espenser Justiciary of England Peter Montfort and Richard de Mepham Arch-Deacon of Oxford were [5] Append. n. 215. Procurators and Commissioners appointed to Treat of the Peace The King to be obliged to whatever Peter Montfort should swear 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 Montfort that what he should swear to the King must be obliged to it What these Commissioners did I find not 't is 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] Append. 216. Montfort causeth false reports to be spread of the Kings design And then Taxeth the people Four or five to be sent out of every Town to the Sea-side The Kings endeavour to undeceive his people Army of Strangers into the Kingdom to destroy the Nation and ordered the Matter so as the People by a voluntary Contribution 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 Strangers And to undeceive the People the King Wrote to all the Sheriffs of England to make Proclamation at the County Courts and in every 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 oâ— imposed on them against their Leige Lord nor to Arm themselves nor go out of their County without his Special Command Montfort continues to create jealousies and fears among the
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 [*] Pat. 49 H. 3. n. 87. nostra Dovor Scardevurgh Bamburgh Nottingham Corf tradenda in Ostagium in Quinquennium c. who was now grown so great [8] Paris f. 997. n. 10. that the Earl of Glocester envied him and thought he was neglâ—cted and not well used by him for it was not enough for him thus to carry about the Captive King Montfort and the Earl of Glocester disagree 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 Kingdom and all the Money paid for the [b] The Money paid for the Ransom of Prisoners was very considerable and those that took them challenged it as their own [9] Append. n. 220. Marmaduke was taken Prisoner at Lewes by Hugh D'espenser and Compounded with him for his Liberty and found Sureties for the payment of seven hundred Mark and for their Security ingaged his Manor of Lunâ— Ransom of Prisoners 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] Pat. 49 Hen. 3. m. 13. n. â—4 The King endeavours to reconcile the two Earls 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] Ibid. n. 61. write to all the Keepers of the Peace and Sheriffs in England to apprehend 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] Ibid. 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 St. John and Giles Argenten Sciendum est quod literâ— istae emanarunt per preceptum Regis Commitis Leicestriae Justiciarium Petrum de Monteforti Rogerum de Sancto Iohanne Aegidio de Argenten The Earl of Glocester would not be reconciled to Montfort But 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] Pat. 49 Hen. 3. n. 54. reconciled to him but withdrew 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 * Easter day April 5th was on the 28th of May that year On the 30th of the same Month the King [5] Append. n. 221. The King esteems his Son Prince Edward a Rebel wrote to all his Tenants 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 Whitsun-week 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 privy to the Design and carried him off intending as he certainly believed to go to John Waren and William de Valentia and the Barons Marchers his Rebels and Disturbers of his Peace He therefore commanded them by the Faith Homage and Love in which they 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] Append n. 222. He prohibit All from Aiding or Aâ—sisting his Soâ— wrote to the Guardians of the Peace and Sheriffs of every County to Prohibit by Proclamation all People of 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 commanded 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 Ordinance and Arrest their Bodies and have them in safe Custody These Letters or Writs were directed into the several Counties by the King the Earl of Leicester Justiciary Peter Montfort Giles Argenten and Roger St. John On the same * Cl. 49 Heâ— 3. M. 4. Dors. 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] Pat. 49 Hen. 3. m. 13. n. 54. The Bishops commanded by the King to Excommâ—cate his Son written to the Bishop of London and the other Bishops of the Province of Canterbury Rex venerabilibus in Christo patribus H. London caeteris Episcopis c. in which they were required to Excommunicate by name in their several Diocesses his Contùmacious Rebellious Son and other Rebels Et est litera Duplicata per Comitem Leicestriae 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 On the 26 of the same a Letter in the Kings Name was [8] Pat. 49 Hen. 3. n. 46. directed 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 Favorers by all ways and means they
Transgressiones Excessus eisdem Civibus c. 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 indited Except the Goods and Chattels of those whose Bodies he had given to his Son Edward Exceptis Bonis Catallis eorum quorum Corpora eidem filio nostro concessimus And except the Houses Lands 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 Citizens that were fled And further he Granted the Citizens liberty to 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 Quousque 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 There was an [2] Ibidem Order from the King to John [2] Ibidem Walerand and John de la Lind his Guardians of the City of London reciting That whereas he had received into his Peace or Favour the Citizens of London according to a Form Granted in his Letters Patents That they should release the Pledges of the Citizens they had in their custody and permit them to go whether they would Except c. Witness the King at Northampton the 11th of January The like Letters were directed to the Constable of Rochester Castle with the same Teste All the [3] Pat. 50. H. 3. M. 29. Dors The Disinherited had a time set to make their peace with the King 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 The King [4] Pat. 50. H. 3. M. 24. 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] Claus 48. H. 3. M. 3. Dors Dated the first of September by which Record it appears to be so 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 Dicebatur He now being willing it should be expended for the true 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] Paris f. 1000. n. 30. Kenelworth Castle refuse to submit Kenelworth Castle yet they had not so streightned it but the Defendents which were very numerous [7] Claus 50. H. 3. M. 5. Dors Their barbarous usage of one of the Kings Messengers 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] Ibidem 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] Ibidem He resents it very ill To revenge such an impious affront the King commanded all and singular omnibus singulis 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 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 Inhabitants of the Towns through which they passed until they were taken Dated at the same time and place as the last April 30th this year [1] Pat. 50 Hen 3. m. 1â— m. 49. The Kings Grant to thâ— City of London to choosâ— a Sheriff for Middlesex 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 primogeniti nostri fidelitati hactenus adhaesit to the Office of Sheriff of Middlesex and Keeper or Guardian of the City of London so as he should 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 Antient Time had done Dated at Northampton 30 April It was spread [2] Cl. 50. Hen. 3. m. 5. Dors. about the Kingdom that the Barons and Confederates were Disinherited without Judgment of the Kings Court in Detraction to his Justice He therefore caused Proclamation to be made in all Burghs and Market-Towns He promised remedy to such as found themselves injured that if any of them found themselves 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 Northampton May 3d. Nay so just he was that when [3] Cl. 50. Hen. 3. m. 10. Dors. An instance oâ— his Justice Robert de Andewerk was accused by his Enemies
words were not in it Defraud and Wrong any Church or Religious place of their Liberties Goods and Possessions let them be admonished 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 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 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 Vses let him be Excommunicated And also such as hinder [*] That they might not be hindered to give to the Churchmen and Monasteries Villans from making their Wills The King [4] Append. n. 230 â—31 wrote to the Pope to revoke these Provisions and Constitutions as being made to the great Prejudice Hurt and Damage 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 Taxes in this Kings Reign THe Parliament called at Northampton Matt. Paris fol. 322. lin 3. 9 Hen. 3. A. D. 1224. in the Octaves of Holy Trinity 1224. granted the King two Shillings of every Plough 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 9 H. 3. fol. 323. n. 10. A. D. 1224. Fol. 324. n. 40 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 A fortieth part of Moveables granted 16 H. 3. A. D 1224. A. D. 1226. the 11th of Henry the Third Pat. 11 â— 3. m. 11. A. D. 1226. he wrote to the Bishops and Clergy to give him a Fifteenth of all their Moveables as the Bishops and Clergy of England had then done King Henry compelled the Citizens of London to pay him Five thousand Marks 12 H. 3. A. D 1227. fol. 33â— n. 10 20. 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 Northampton 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 which were unwilling to pay were compelled either by the Kings Authority or Ecclesiastical Censures Soon after the Religious and others had notice 12 H. 3. ibiâ— n. 40. 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 In the year 1230. Arch-Bishops Bishops Fol. 365. n. 1â— 15th H. 3. A. D. 1230. 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 16 H. 3. fol. 367. n. 50. A. D. 1231 as well Laics as Prelates It was opposed by the Arch-Bishop of Canterbury and some other Bishops but agreed to by all others On the 14 of September in a Parliament held at Lambeth A. D. 1232 17 H. 3. foâ— 377. n. 5. aâ— fol. 380. n. a fortieth part of all Moveables as well of Ecclesiastics as Laics was granted to the King and was Collected the latter end of October following A. D. 1235. 20 H. 3 fol. 417. n 30. A. D. 1235 He took two Marks of every Plough Land at the Marriage 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 Claus 21 H. 3. m. 1. and m. 21. Dors. There was at the same time a Thirtieth of Moveables granted by the Bishops and Lay Great Men. Cl 21 H. 3. m. 1. and m. 21 and 22. Dors. A. D. 1236. A. D. 1236. 21st of Henry the Third he sent into Ireland to the Bishops 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 Pat. 20 H 3. m. 8. n. 12. A. D. 1236. Scutage two Marks of every Fee granted by Arch-Bishops Bishops Abbats Priors and other Ecclesiastical Persons c. 'T is very probable this was the same Scutage which was given for the Marriage of his Sister to the Emperor F. 435. n. 10. 21 H. 3. A. D. 1237. A. D. 1237. A Thirtieth part of all Moveables was granted to the King A. D. 124â— Fol. 595. n. 30. and 597. n. 20. In the year 1242. about Michaelmas the King required Scutage three Marks of every Knight through all England So Paris but as others only twenty Shillings Fol. 643. n. 20. A. D. 1244. In a Council held at London three Weeks after Candlemass twenty 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 A. D. 1253. 37 H. 3. Par. f. 866. m. 20 30. The Clergy grant the Tenth of Ecclesiastical Revenues for three 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 A. D. 1â—67 Cart. 51 Hen. 3. m. 10. Cedula Three years Tenths of all Church Revenues granted to the King by the Pope A. D. 1270. Cl. 54 Hen. 3. m. 11. Dors. A twentieth part granted to the King Ireland and Irish Affairs KIng Henry by his Counsellors in the [1] Appâ—… n. 227. first year of his Reign he being then but nine years old or by William Marshall his Governor to gratifie the * The Enâ—… Irish King Johâ—… Charter oâ—â—â—â—berties grâ—â—ed to the Irish Irish for their firm Loyalty to his Father and himself Granted out of his special Grace that they and their heirs for