such a Freedom as this was only good against his Lord for if he was produced as a Witness in Court against a Stranger or to wage Law he might object against him that he was born a Villan that is descended from Bond or Villan Parents and if it were proved he might justly be set aside although he was made Free by Knight-Hood The second way of being made Free which was a second way of redeeming Men from Servitude A third way was The third way [2] Ibid. if a Bondman lived quietly a year and day in any privileged Town so as he was received into the Common * That is was either Alderman of Common-Council-Man for the Magistrates and chief Citizens were properly the Gild or Corporation and transacted the the Affairs of Corporation The fourth way Gild as a Member of it That made him Free from Villenage A Fourth way was by Exchange when Base and Vile Services were turned into Rent and that was advanced and paid pro omni Servicio This put the Villan out of all Servitude especially as to his own Person for if the Lord had no Service to command him but the payment of his Rent he was free This is co-incident with the first way by purchase and favour And that there were many manumitted by Grace and Favour of their Lords conditionally at least upon their desire to serve them in the Army it cannot be doubted by any man that doth consider the Usurpations of William Rufus and Henry the First upon their Elder Brother Robert and the long Civil War that attended them The Usurpation of King Stephen upon Maud the Empress and her Son King Henry the Second and eighteen years Wars between them and the War and Differences between King Henry the Second and his Son Henry The Barons Wars in the Reigns of King John and Henry the Third But that the Barons and Military Men and the Bishops and Clergy did Manumise and make Free many of their Clients Bondmen and Villans and did make their Tenures more easie to draw and fix them to their Interest and Party Lastly Time and Desuetude have made the most Free The last way Villenage at this day being rather antiquated and disused than nulled and taken away by Law for when Free-men or Customary Tenants grew wealthy and able to stock a good parcel of Land themselves or were of such Credit as the Lords could trust them with their Stock they then turned their Lands into Farms and instead of Works and Services reserved Rent in Money Corn or otherwise and left the improvement to the Farmer who took to his own use what he could make more of his Farm than he paid to the Proprietor so that the Lords had no need or use for so many Customary Tenants to Plough their Lands c. Cotars Servile People and poor The Labouâ—ers in our â—imes are Gentlemen in â—espect of â—hose wretchâ—d People miserable Laborers as before and they were glad to work for small Wages little more perhaps than for Meat and Drink rather than to be under immediate Servitude to their Lord for it cannot be thought though their Servitude as to the Correction or their Bodies and other Severities was lessened but that still they remained in a Servile State and that the Lords commonly turned over their Works to their Farmers who looked better after them than they could do and saw they laboured more and loytered less yet if they otherwise used them inhumanely or made their Conditions such as might not be indured without extreme misery they had a Remedy against these by Law which they could not have against their Lords And in time and by degrees they insensibly crept into more Liberty as there was less occasion for their Services and at length perhaps it was almost as much trouble to look after them as their Work was worth by which means Villenage became more and more easie until at last it was almost worn out and not regarded and many small Victuals Rents Fowl Capons Hens Eggs c. and small Rents in Money Pence Half-pence Farthings Half-farthings that the poor Villans paid were neglected and lost and the Way and Manner of Living of the Nobility Gentry and Proprietors quite altered and changed And more within the last Hundred and fifty years than in all the time after the Conquest For since Foreign Trading Commerce and Merchandising hath so much increased the Delicacy Softness Pride and Luxury of the People have proportionably grown up with them and were at first in a great measure brought into this Nation with them But all this Freedom obteined by Bondmen or the Freedom of others who were born Free and were Heirs to or had Purchased a small parcel of Land of Socage tenure that is privileged from Services was only personal they were not indeed Bondmen as to their Persons they were Free from Servile Works and Services or if they performed any as many of them did they were known certain and easie They neither had nor pretended to for several hundreds of years that Liberty nor those now esteemed Priviledges then thought Burthens which those sort of men are possessed of and now injoy For first though their Persons and Issue of their Bodies were Free from Servile Works and they were not Bondmen which was the only and true notion of those Freemen in those times yet they were not all together sui Juris for as to the Government and for the keeping of the Kings Peace all the Freemen or People in England were Bondmen either in their own Persons or by their Fidejussors and such as undertook for them and were [3] LL. Etheâ—red in Lambard c. 1. Magna Charta c. 35. Bracton p. 124. b. Briton c. 29. p 72. b. p 73. b. The Glossary to my Introduction c. f. 55. F. and f. 56. throughout bound ten Masters of Families one for another for their own keeping the Peace and Good Behaviour as likewise for their Children Servants and Families except Cleres Knights or Tenants in Military Service their Wives and Children and these Men so Bound were called Free Pleges and perhaps this Old Law is not so much out of force but that Sheriffs in their Turns and Lords of Maners in their Leets may put it in practice if there should be necessity of doing it Secondly The serving on Juries at the Assises and Sessions and that and their Suit and Service to or in County and Hundred Courts which now is accounted a great privilege and their Birth-rights when they have a mind to do mischief was in the times we Write of esteemed a Burthen from which all Tenants in Ancient Demeasns were Free by Tenure all or most Abbies and Monasteries by Charter and many particular [4] Stat. of Malebourh c. 4.52 Hen. 3. Persons as Knights and others purchased of the King Charters of Exemption from being Impannelled in Assises Juries and Inquests which they would not have done had they
Bishops and Earls I have required him to deliver me the Captive Duke but could not obtain my desire I sent Robert de Belism to him on several Messages he secured him in his Court cast him into Bonds and yet keeps him Prisoner Earl Tedbald is my Vassal and yet by the instigation of his Uncle he riseth up against me and being inflated by his Power and Riches Rebelled and made grievous War against me and my Kingdom and much more to this purpose [6.] Ibidem fol. 859. B. All the French Clergy in this Council justified what he said yet Geofrey Arch-Bishop of Rouen and all the Norman Bishops and Abbats rose up to make his defence and excuse him but could not be heard In this Juncture [7.] Ibid. fol. 863. C. D. Tedbald Earl of Blois reconciles the Noble Normans to King Henry Tedbald Earl of Blois the Kings Nephew made it his business to reconcile all dissenting Persons to the King and brought to him Almaric de Montfort who was received into his favour and restored to the whole Earldom of his Uncle William Eustachius also and Julian his Wife the Kings Natural Daughter were at that time restored to his Grace and their Lands except Breteul which for his faithful Service the King had given to his Kinsman Ralph de Guader in recompence whereof he gave him yearly 200 Marks of Silver in England Hugh de Gournay and Robert de Newburgh with the rest of King Henry's Enemies came in and were graciously received Only Stephen Earl of Albamarle stood out who seeing the King coming against him with an Army by Advice of his Friends humbly satisfied him and thereupon to his own satisfaction was pardoned When this Council was ended in [8.] Ibid. fol. 864. D. 865. A. B. The Pope moves King Henry to restore his Brother Robert and his Son November following the Pope came into Normandy and met King Henry at Gisors to Treat of Peace He told him by the Law of God every Man ought to enjoy his Right and that it was his Desire and the Request of the Council that he should free Robert his Brother from his Bonds and restore him and his Son William to the Dukedom He [9.] Ibidem C. D. His Answer to the Pope Answers the Pope that he did not take the Dukedom from his Brother but only secured his Fathers Inheritance which was given away to Dissolute Men Thieves and Robbers That he was called into Normandy by the Bishops Clergy and Religious to prevent the desolation of the Church and that what he did was not out of choice but by compulsion and invitation The Pope satisfied with his Answer to preserve the Country from desolation and ruine With this Answer which was the same the Norman Bishops would have given in the Council to the King of France the [1.] Ibidem fol. 866. B. Pope was satisfied and approved what he had done and said he had heard enough of the Duke and his Son And so leaving them to shift for themselves his next [2.] Ibid. fol. 866. B. C D. The Pope makes Peace between the Kings of France and England work was to strike up a Peace between the two Kings which was suddenly accomplished without the least cavil exception or difficulty all Castles and Strong Holds taken in the time of War being mutually delivered and Prisoners on both sides set at liberty The War being [3.] Ibidem fol. 867. C. King Henry comes for England ended and things well setled in Normandy King Henry commanded a Fleet to be prepared and many Military Men of all sorts that had served him well and faithfully to accompany him into England where he intended to bestow on some large Rewards and to raise others to great Honours At this time Ralph de Guader who had the Town of Montfort and other Towns and great Possessions in Britany upon the Kings consent and good will offered his Daughter in Marriage to his Natural Son Richard and with her the Towns and Castles of Breteul Gloz and Lire and his whole Honour in Normandy Which intended Marriage was never compleated When the Fleet [4.] Ibid. D. was ready in the Port of Bartaflot now Barfleur the King with a noble splendid Train the Wind at South set Sail on the Twenty fifth of November in the Evening and landed in England next Morning His Sons William and Richard had not the same good fortune for being in another Vessel called the White Ship whereof one Thomas Fitz-Stephen was Captain or Master [5.] Ibidem fol 668. A. Prince William c. with 300 Persons drowned who pretended to hold his Place or Office in Fee both Master and Mariners had got too much Wine in their Heads and striving to be the foremost Ship in the Fleet run upon a Rock and split the Ship so as she presently sunk with near 300 Persons in her [6.] Ibidem f. 870. A. B. Amongst whom were as before noted Prince William his half Brother Richard and his half Sister Maude the Wife of Rotro Earl of Mortain in Perch Richard Earl of Chester and many of the young Nobility who chose that Ship for the Company sake The King [7.] Ibidem fol. 871. A. distributed the Honours and Estates of such as perished in this Shipwrack very providently for he Married their Widows Daughters and Nieces to his Courtiers and Soldiers and gave with them their Patrimonies King Henry [8.] Ibidem A. D. 1120. having lost his Wife and Son by the Counsel of his Wise Men resolved to Marry and chose for his Wife Alice the fair Daughter of Godfrey Duke of Lovain She continued his Queen fifteen years but never bare him any Children Many [9.] Ibidem f. 875. C.D. An. Do. 1122. A new Contrivance against King Henry observing that King Henry had no Issue Male looked towards William Duke Roberts Son and endeavoured to set him up Amongst whom was Gualeran and Robert the Sons of Robert Earl of Mellent who had been Educated in the Kings Court and used as tenderly as his own Children and were both Knighted by him Gualeran besides his Fathers Estate the Earldom of Mellent in France had Beaumont and the Patrimony belonging to it in Normandy His Brother Robert had the Earldom of Leicester in England to whom the King gave Amicia the Daughter of Ralph de Guader which had been Contracted to his Son Richard and Breteul in Normandy with all the Estate appertaining to that Others of the [1.] Ibid. fol. 876. A. B. C. The Confederates Confederacy were Almaric de Monteforti Earl of Eureux the Kings perpetual Foe Hugo de Monteforti Hugo de Novo-Castello or New-Castle William Lupell Baldric de Braye and Pagan de Gisors c. who met in September and entred into a general Conspiracy The King [2.] Ibid. D. An. Do. 1122. Civil War in Normandy understood their Designs and in October summoned together a great Force at Rouen and on
John Fitz-Jeofry Hugh Bigod Brother to the Mareschal Richard de Gray William Bardolfe Peter Montfort Hugh D'espenser These Twenty Four [1] Ibid. f. 414. chose Four of their own Number who named the Kings Council and were these The Earl of Warwic John Mansel Earl Roger the Mareschal Hugh Bigod his Brother These Four named the Kings 2 Council in Number Fifteen who were these The Arch-Bishop of Canturbury The Bishop of Worcester The Earl of Leicester The Earl of Glocester Earl Mareschal Comes Mareschallus Peter of Savoy Earl of Richmond The Earl of Albemarle The Earl of Warwic The Earl of Hereford John Mansel John Fitz-Geofry Peter Montfort Richard de Gray Roger Mortimer James de Aldithlege or Audley The Great men or Twenty Four [3] Paris f. 970. n. 50. What the Great men or 24 required of the King Require the Kings Confirmation of the Charter Granted by King John his Father Secondly They [4] Ibid. f. 971. lin 2. Require such a Justiciary as would do Justice to such as suffered wrong as well to the poor as Rich. Thirdly That they should [5] Mat. West f. 391. lin 8. choose the Justices Chancellors Treasurers and other Officers and Ministers from year to year for ever Fourthly That [6] Ibid. l. 9. they themselves or friends should have the Custody of the Kings Castles Fifthly By [7] Ibid. n. 10. Edict they made it Capital for any of what degree or order soever to Refuse to Consent to these things and against such the Arch-Bishops and Bishops also pronounced Excommunication They ordain three Parlements to be held every year The Twenty Four ordeined there should be three Parlements in a year and when and how they should be holden which order I find drawn up in these words I l [8] Annal. Burton f. 415. fet a remember Ke les xxiv unt ordene Ke treies Parlemenz seint par an le premerem as utaves de Sein Michel le second le Demein de la Chandelur le terz le premer Ior de June Ceo est a Saver treis semeines devant le Seint John A ces treis Parlemenz vendrunt les Cunseilers le Rei esâ—uz tut ne scient il paz Mandez purver le Estat del Reaume pur treter les communs Bosoignes del Reaume quant Mester Serra per le Mandement le Rei That is Be it Remembred That the Twenty Four have ordained there may or shall be three Parlements in a year When the Parlements were to be holden The first on the Octaves or eight days after St. Michael The second on the Morrow after Candlemass day The third on the first day of June that is to wit three Weeks before St. John To these three Parlements shall come all the chosen Counsellors of the King though they be not * i. e. Whether they had particular Summons or not sent to to provide for the State of the Realm and to Treat of the common Business of the Realm when need shall be by the command of the King or by his Summons The Commons then or Community The Community choose twelve to represent them in the Parlements chose twelve persons to Represent them in these Parlements c. to save the Charges of the Community The Entry or Record as I may so call it of which Elections was in these words Si fet a [9] Ibid. f. 416 remembrer Ke le Commun Eslise xii prodes homes Ke vendrunt as Parlemenz autre * for fois fez Quant Mester Serra Quant Rei u sun Cunseil les Mandera pur treter de Bosoignes le Rei del Reaume E Ke le Commun tendra pur Estable * Instead of ce quâ— cer Ke ces xii frunt E ceo serra fet pur Espanier le Cust del Commun That is Be it remembred That the Commons or Community have chosen twelve wise men to come to Parlements and at other times when there shall be need when the King or his Council shall command or send to them to treat of the Business of the King and Realm and that the Commons or Community will hold for established what the twelve shall do and this shall be done to spare the cost or charges of the Commons or Community which twelve prodes â—omes provi homines or viri prudentes which the Reader pleaseth were these underwritten and entred according to this Form Ces sunt les [1] Ibid. f. 414. Duze Ke sunt Esâ—u par les Baruns a treter a treis Parlemenz per an oveke le Cunseil le Rei pur tut le Commun de la tere de Commun Bosoine That is These are the twelve which are chosen by the Barons to treat in the three * Note these twelve and the Kings Council were only to be present in these Parlements Parlements in a year with the Kings Council for all the Commons or whole Community of the Land upon Commune Business which twelve here do follow as in the [2] Ibid. Who the Twelve were Annals of the Monasterie of Burton The Bishop of London The Earl of Winchester The Earl of Hereford Philip Basset John de Bailol John de Verdun John de Gray Roger de Sumery Roger de Montalt Hugh D'espenser Thomas de Grestey Aegidius de Argenten These were all Barons and great Tenents in Capite not one Commoner as now reputed amongst them Not one Commoner among the Twelve Many other provisions and ordinances were made in this Parlement about Feudal Tenures about Custody of Wards Marriages and Escheates about Suits to the Kings Courts before Justices Itinerant What other Ordinances and provisions were made in this Parlement County Courts Hundred Courts Sheriffs Turns Writs of Right Wast of Estates in Custody Taking of Distresses c. all in abatement of the Rigor of the Feudal Law and for their own Ease and Benefit which are to be found in the Annals last cited f. 428. and most of them in the Close Roll 44. Hen. 3. M. 17. Dors and in the Patent Roll 47. of the same King M. 14. in Schedula Dors All these provisions and Ordinances made in eleven days All this was done and Commissions for the Governors of the Kings Castles were issued in eleven days time as appears by the the Records in the [3] n. 191 192 193. Appendix that bear Date June 22d and are worth noting Twenty four chosen to treat of an Ayd for the King There were also appointed at this meeting by the Community Twenty four persons to treat of an Ayd for the King which choice is thus to be found in the same [6] f. 414. Annals save only the Names of the 24 are rendred in English Ces sunt les vint quatre Ke sunt mis per le Commun a Treter de Aid de Rei The Bishop of Worcester The Bishop of London The Bishop of Salisbury The Earl of Leicester The Earl of Glocester
Constable of Dover Castle Henry Montfort Eldest Son to the Earl of Leicester was made by the Kings Commission Constable of Dover Castle Warden of the Cinque ports and had the Chamberlain-ship of Sandwich committed to him during pleasure On the 4th of [9] Append. n. 210. The King appoints Conservators of the Peace June the King relating That by Divine Grace there had been a firm Peace made between him and his Barons to be inviolably observed through the whole Kingdom did by the Advice and Assent of his Barons Constitute and Appoint in all Counties of England Keepers and Conservators of that Peace during pleasure commanding and injoyning them by their Faith and Allegiance that they strickly looked after the Conservation of the Peace in their Counties and prohibited in his name any one under the penalty of disinheriting and danger of Life and Members to set upon any man or Plunder him to Commit Homicide Burning Roberies Tolts i. e. Thefts or Rapine or perpetrate any the like Enormities nor do Damage to any man contrary to his Peace Also that for the future no man should bear Arms in the Kingdom without his special License and Command And if they found any such Malefactors and Disturbers of the Peace they were to arrest and keep them safe until further Order In the Body of these Commissions there was a Precept to every of these Conservators of the Peace Four Knights to be chosen in each County to be sent to London to send four of the most legal and discreet Knights of each County to be chosen by the Assent of that County for the whole County to the King at London to be there on the * Note the Octaves of holy Trinity this year were June 22d Eaâ—ter day being April 10th Octaves or Eight days after the Feast of Holy Trinity at furthest to treat with Him his Prelates Great Men and others in Parlement about his own Business and the Business of the Kingdom On the same 4th of June the King sent his [1] Append. n 2â—1 Writ to Iames Aloâ—thele or Audley acquainting him that by Divine Grace there was a firm Peace concluded between him and his Barons and that for the keeping of that Peace by Advice and Assent of his Barons it was provided That no man under Penalty of losing his Lands and Tenements and also under danger of his Life and Limbs should wear Arms without the Kings special Licence and Command None to wear Arms without the Kings Licence and that all the Prisoners taken at Northampton should be brought to him to London in whose Custody soever they were And whereas there were certain difficult Matters which concerned him and his Kingdom to be Communicated to him without whose presence they could not be dispatched he commanded him by the Faith and Homage he ought him upon receipt of the Writ to come to him to treat of the Matters aforesaid and to bring with him Robert de Sutton Robert Fitz Walter Philip de Covel and John de Wiavill and all others in his Custody whosoever committed them that if it were thought fit they might be exchanged Prisoner for Prisoner with those taken at Lewes or otherwise Released upon Security Roger Mortimer [2] Ibid. received the same Precept which was delivered to Simon Watervill and that he should bring with him Reynald de Watervill John le D'espenser Adam le D'espenser Roger de la Hide Humfry de Bassingburn and all other such Prisoners c. Roger de Clifford [3] Ibid. received the same Command and to bring with him William de Eyvill Henry de Penbregg and Baldwin de Drayton A [4] Append. n. 212. Writ in the same Form and of the same Date was directed to John de Grey Constable of Nottingham Castle and he was commanded to bring with him Baldwin Wake Anker de Freschenvill Hugh Gobion Roger de Mortein Richard de Hemington and all other Prisoners in his Custody c. This Writ was delivered to Philip Driby by the Earls of Leycester and Glocester The same [5] Ibid. Command was to Drogo de Barentin Constable of Windsor Castle that he should bring William de Furnivall and all other Prisoners c. This Writ was given to Charles the Kings Valet to be delivered to the aforesaid Constable The same [6] Ibid. Precept was directed to John de Vallibus that is Vaus Constable of the Castle of Norwich or his Sub-Constable to come c. and bring with him Ger. de Furnivall William de Elyesford Ralph de Bruton John Estormy and all other such Prisoners c. The main Business for which four Knights were to be sent by the Conservators of the Peace of each County and the Barons were particularly summoned to Parlement eight days after The business for which the four Knights were summoned Trinity Sunday was this year June 15. and the Sunday following was eight days after inclusive reckoning Trinity Sunday for the first Trinity Sunday or on the 22 d of June 1264 48th of Henry the Third was to Vnking the King which was done in this manner There was an Instrument ready drawn against their time of Meeting That for the Reformation of the State of the Kingdom there should be chosen three Discreet and Faithful or Well-Affected Men of the Kingdom who should have Power and Authority from the [7] Append. n. 213. King of naming and choosing nine Counsellors of which nine three by turns should always be present in the Court Nine Counsellors to be chosen for the King All great Officers to be chosen by them and the King by the Advice of those nine should Order and Dispose of the Custody of his Castles and all other Business of the Kingdom and the King should make his Justiciary Chancellor Treasurer and all other great and small Officers that belonged to the Government of the Court and Kingdom by the Advice of those nine The first Electors were to Swear That according to their Conscience they would choose and nominate such Counsellors as should be faithful to the Honour of God and the Church and profitable to the Kingdom The Counsellors also and all Officers both great and small were to Swear at their Creation That they would to the utmost of their Power execute their Offices to the Honour of God and the Church and to the profit of the King and Kingdom without any other reward than Meat and Drink which commonly was presented upon Tables And if the Counsellors When and by whom Officers ought to be displaced or any of them so behaved themselves as they were to be laid aside and changed then the King by the Advice of the three Electors might change and remove as many as he thought fit and in the place of them so removed Subsistitute other fit and faithful Person or Persons If the great or small Officers behaved themselves ill they were to be removed by the Council of nine and other
many of his Lands and the Lands of his Son Edward and other his Liege Subjects against the Homage and Fealty they had sworn to him The Welch made these incursions at this time upon [6] Paris f. 963. n. 30. What moved the Welch to Rebell at this time Confidence the King would be diverted by the Scots For whereas that King upon Marriage with King Henry's Daughter had put himself and Kingdom [7] Cl. 42. Hen. 3. M. 11. Dors under his Protection and Government until he should be of lawful age Some of his Rebels took him from the Counsellors and Curators King Henry had set over him and detained him against his Will For repressing of this Insolency and Rebellion the King issued out [8] Ibid. M 10. Summons on the 17 th of January before to all his Military Tenents of the North especially those of Yorkshire Cumberland and Northumberland to march with Horse and Arms and all their Force into Scotland with such as he should send to them After [9] Paris ut supra n. 40. A Parliament called at London The Kings demands rejected by the Great men Hoke Tuesday That is Tuesday fortnight after Easter-Tuesday a Parlement was convened at London Post diem Martis quae vulgariter Hoke-Daie appellatur factum est Parlamentum Londini wherein the King pressed with the Affairs of the Kingdom of Apulia concerning which Master Herlot was sent to urge him to a direct and positive Answer Demanded a very great Sum of Money which the Pope had upon his Request obliged himself to pay to the Merchants The Great [1] Ibid. f. 965. n. 50. Men stifly denyed to assist him with Money And in this [2] Ibid. f. 968. n. 10 20. The Barons complaints against the King Parlement there arose great Heats and Contentions between the King and Barons who made great complaints against him That he nighted the Keys and Power of the Church and did not observe the Tenor of his Great Charter That he had raised to Dignities and Riches his half Brothers against Law and Right as if they had been the Natural People of the Land and would not suâ—â—er any Writ to issue out of Chancery against them That although the pride of his Brothers and other Poictovins were intolerable Montfort appeals to the University and upbraideth the King yet William de Valentia exceeded them all Simon Montfort Earl of Leycester making his advantage upon these Debates and Wranglings complained very heartily not to the King but to the Vniversity calling for Justice And up braided the King that he promoted and enriched Strangers and despised and wasted his own People to the Subversion of the whole Kingdom by which means he became unable to Repell the injuries of the inconsiderable Welsh These Heats and Wranglings [3] Ibid. n. 20. The Parlement Adjourned to Oxford continued until the Sunday after (a) This year 1258. and 42 of Hen. III. Easter-Day was March 24. and Hock-Tuesday was April 10. Ascension-Day was May 2. Whitsun Tuesday May 14. So that St. Barnaby's Day or 11th of June was just Twenty eight days after that upon which the Parlement was to meet at Oxford by Adjournment Ascension-day when the Parlement was adjourned unto St. Barnaby's-day to be holden at Oxford but before the Adjournment upon Ascension-day or Second of May the Barons promised [4] Append. n. 188. The Barons Proposals to the King That if he would reform the state of the Kingdom according to their Advice and that the Pope would make the conditions about the affair of Sicily * The same with that of Apuâ—ia The King yieldeth to them more easy so as it might be prosecuted with effect They would then endeavour to procure him a Common Ayd or Tax for that purpose And the King agreed That before Christmass next coming the State of the Kingdom should be ordered by them and the Popes Legate if in England And for the performance of what should be ordained he put himself under the Popes Power so as he might compell him to it which way he pleased by Ecclesiastic Censure and caused his Son Edward to Swear That he would observe and keep what he had Granted Moreover he [5] Append. n. 189. What the King Granted to the Barons Granted at the same time to the Barons That the State of the Kingdom should be rectified and reformed by Twelve faithful persons of his Council then chosen and Twelve others to be chosen by the Barons who should meet at Oxford a Month after Whitsunday next coming as they should think fit to the Honour of God and Profit of the Kingdom And promised inviolably to observe whatsoever should be ordained by them 24 or the greatest part of them under such Security as they should Direct and caused his Son Edward to Swear he would inviolably observe the same things whereupon the Earls and Barons promised to endeavour that the Community of the Kingdom should Grant a Tax to him These Twenty Four had [6] Append. n. 190. power to choose four that were to choose the Kings Council which was to redress and amend all matters appertaining to the King and his Kingdom and this Council or the greater part of it was to choose one or more in the place of such as should make Default c. Barnaby Day approaching [7] Paris f. 970. n. 40 50. The Great men come Armed and Guarded to the Parlement at Oxford the Great Men and Nobles of the Land hastened to the Parlement then to be holden at Oxford and commanded all such as ought them Military Service to accompany them so prepared as if they were to defend their Bodies from the attempts of their Enemies And they did so Quod fecerunt palliating their coming thus armed under pretence of going against the Kings Enemies the Welsh But fearing as they pretended an Intestine War and that the King and his Brothers the Poictovins should bring in Foreign Troops against them and therefore they caused the [8] Ibid. f. 971. n. 10. Ports to be strictly Guarded The chief Transactions of this Parlement were these following First the Election of the 24 according to the Kings Grant who were to amend and reform what they should think amiss in the Kingdom The twelve [9] Annal. Burton f. 412. chosen by the King were The Bishop of London The Elect of Winchester Henry Son to the King of Almaign John Earl of Warren Guido de Lusignan the Kings half-Brother William de Valentia the Kings half-Brother John Earl of Warwic John Mansel Frier J. de Derlington The Abbat of Westminster Henry de Wengham Dean of St. Martins London The Twelfth not mentioned Q. whether not the Arch-Bishop of Canturbury Peter of Savoy or James Audley The twelve chosen by the Earls and Barons were The Bishop of Worcester Simon Earl of Leicester Richard Earl of Glocester Humfrid Earl of Hereford Roger Earl of Norfolk and Mareschal Roger Mortimer