Transcriber's Note.

Apparent typographical errors have been corrected. The use of hyphens has been rationalised.

Notices of other books in the series have been moved to the end of the text.

BELL'S ENGLISH HISTORY SOURCE BOOKS

General Editors: S. E. Winbolt, M.A., and Kenneth Bell, M.A.

THE
GROWTH OF PARLIAMENT
AND THE
WAR WITH SCOTLAND
(1216-1307)

BY
W. D. ROBIESON, M.A.
ASSISTANT TO THE PROFESSOR OF HISTORY IN THE UNIVERSITY OF GLASGOW

LONDON
G. BELL AND SONS, LTD.
1914

INTRODUCTION

This series of English History Source Books is intended for use with any ordinary textbook of English History. Experience has conclusively shown that such apparatus is a valuable—nay, an indispensable—adjunct to the history lesson. It is capable of two main uses: either by way of lively illustration at the close of a lesson, or by way of inference-drawing, before the textbook is read, at the beginning of the lesson. The kind of problems and exercises that may be based on the documents are legion, and are admirably illustrated in a History of England for Schools, Part I., by Keatinge and Frazer, pp. 377-381. However, we have no wish to prescribe for the teacher the manner in which he shall exercise his craft, but simply to provide him and his pupils with materials hitherto not readily accessible for school purposes. The very moderate price of the books in this series should bring them within the reach of every secondary school. Source books enable the pupil to take a more active part than hitherto in the history lesson. Here is the apparatus, the raw material: its use we leave to teacher and taught.

Our belief is that the books may profitably be used by all grades of historical students between the standards of fourth-form boys in secondary schools and undergraduates at Universities. What differentiates students at one extreme from those at the other is not so much the kind of subject-matter dealt with, as the amount they can read into or extract from it.

In regard to choice of subject-matter, while trying to satisfy the natural demand for certain "stock" documents of vital importance, we hope to introduce much fresh and novel matter. It is our intention that the majority of the extracts should be lively in style—that is, personal, or descriptive, or rhetorical, or even strongly partisan—and should not so much profess to give the truth as supply data for inference. We aim at the greatest possible variety, and lay under contribution letters, biographies, ballads and poems, diaries, debates, and newspaper accounts. Economics, London, municipal, and social life generally, and local history, are represented in these pages.

The order of the extracts is strictly chronological, each being numbered, titled, and dated, and its authority given. The text is modernised, where necessary, to the extent of leaving no difficulties in reading.

We shall be most grateful to teachers and students who may send us suggestions for improvement.

S. E. Winbolt.

Kenneth Bell.

NOTE TO THIS VOLUME

I am indebted to Messrs. MacLehose and Co. for permission to reprint two passages from Sir Herbert Maxwell's translation of the "Chronicle of Lanercost," which appeared in the Scottish Historical Review.

W. D. R.

Glasgow, January 1914.

TABLE OF CONTENTS

THE GROWTH OF PARLIAMENT
AND THE
WAR WITH SCOTLAND

(1216-1307)

THE CORONATION OF KING HENRY III. (1216).

Source.—Roger of Wendover, vol. ii., pp. 379-380. (Bohn's Libraries.)

After the death of King John, on the eve of the day of the Apostles Simon and Jude, an assembly was convened at Gloucester in the presence of Gualo, the legate of the Apostolic See, at which there were present Peter, Bishop of Winchester, Silvester, Bishop of Worcester, Ralph, Earl of Chester, William Marshal, Earl of Pembroke, William, Earl of Ferrers, John Marshal, and Philip d'Albiney, with abbots, priors, and a great number of others, to arrange for the coronation of Henry, the eldest son of King John. On the day following, all preparations for the coronation having been made, the legate, in company with the Bishops and nobles aforesaid, conducted the King in solemn procession to the conventual church to be crowned; and there, standing before the great altar, in the presence of the clergy and people, he swore on the Holy Gospels and other reliques of the saints that he would observe honour, peace, and reverence towards God and Holy Church and its ordained ministers all the days of his life; he also swore that he would show strict justice to the people entrusted to his care, and would abolish all bad laws and customs, if there were any in the kingdom, and would observe those that were good, and cause them to be observed by all. He then did homage to the Holy Church of Rome and to Pope Innocent for the kingdoms of England and Ireland, and swore that, as long as he held these kingdoms, he would faithfully pay the thousand marks which his father had given to the Roman Church. After this, Peter, Bishop of Winchester, placed the crown on his head, and anointed him King with the usual ceremonies of prayer and chanting observed at coronations. After mass had been performed, the Bishops and knights above-mentioned clothed the King in royal robes, and conducted him to table, where they all took their seats according to their rank, and feasted amidst mirth and rejoicing. On the following day, the King received the homage and fealty of all the Bishops, Earls, and others present, and they all promised faithful allegiance to him. Henry was crowned in the tenth year of his age, on the day of the Apostles Simon and Jude, which was the 28th day of the month of October.

THE FAIR OF LINCOLN (1217).

Source.—Annals of Dunstable, pp. 49-50. (Annales Monastici, vol. iii.—Rolls Series.)

Meanwhile the Earl of Chester laid siege to the Castle of Mount Sorel with the King's army; but the Barons, who had been delaying in London, set out with the Count of Perche, the Marshal of France, and a thousand men, granted to them by Louis, and proceeded innocently enough as far as Dunstable, but thereafter devastated everything, sparing not even widows and churches. They forced the Earl to raise the siege of the above-mentioned castle, and then, after changing its garrison, and renewing its stock of provisions, they continued on their way to Lincoln, where, joining Gilbert de Gaunt and other Barons there present, they besieged the Castle of Lincoln, which was gallantly defended by a noble lady, Nicola by name. But some days afterwards, the legate, with William Marshal and the Bishops, Earls, and other partisans of the King, wearing white crosses on the breasts of their tunics reached Newark in pursuit; the legate advanced no further, but delegated to the Bishop of Winchester his duties of absolving the loyal subjects of the King from their sins, and of encouraging them to make a bold stand. When the King's party approached Lincoln from the west, the Barons who were within drew up their line of battle and placed their scaling-ladders outside the city on the west side; but when they perceived the Royalists coming on with a powerful force, they adopted some coward's base counsel, and began to retreat within the city, being pursued by the royal army up to the gate and walls which give on the north. A brave knight, Fawkes de Breauté, who had been admitted by a guard into the castle through the postern gate, assaulted the Barons in the rear; whereupon they, seeing themselves attacked from both sides, left the walls, and descending towards Wigford, turned their weapons against Fawkes. But Simon de Peschi, with Henry Braybrook and eighty thousand Frenchmen, fled, and proceeded to London by way of Lynn and St. Edmunds.

Meanwhile the royal troops entered the city from every side, and, coming up with the Count of Perche defending himself gallantly in a churchyard, killed him, having first put his horse to death. Then the citizens, seized with panic, took to flight and perished in great numbers in the rivers. All the Barons were taken prisoners, one after another, and the city was given over to plunder, the victors even despoiling the churches, heedless of the divine favours bestowed on them. Many foot soldiers, also—Frenchmen especially—were seized here and there as they fled towards London and put to death by the peasants. Those who were taken became the prisoners of their captors; of these, all, except a few who delayed paying any penalty until peace was signed, ransomed themselves. Louis, when he heard what had happened to his men at Lincoln, burned his huts and gave up the siege (of Dover); then he came to London, and sent to France for reinforcements.

THE BATTLE OF SANDWICH (1217).

Source.—Histoire des ducs de Normandie et des rois d'Angleterre, pp. 200-202. (Société de l'Histoire de France.)

On S. Bartholomew's Day there set out from Calais my Lady Blanche's folk; and they went sailing towards the mouth of the Thames. Twenty-four ships had she begged, both great and small; of the ten great ones, all of which were fully manned, four were filled with knights, and six with sergeants; in the other smaller ships were the armour and the stores. Into Eustace the Monk's vessel entered Robert de Courtenay, and Eustace the Monk with him, and Raoul de la Tournelle, the good knight, who afterwards was killed in the service of God before the city of Toulouse, and William des Barres, the young son of William des Barres, the good knight and the well-disposed, and Neville de Canle, the son of the Bailiff of Arras, and other knights, so that their number was thirty-six in all. In the second of the ships filled with knights was Michus de Harnes, and in the third the Castellan of St. Omer; the fourth was that of the Mayor of Brittany, and into it many knights entered. The six ships for the sergeants were well manned and fit for battle. When they came nigh unto the Isle of Thanet, the Royalists who were assembled at Sandwich saw them, and entering straightway into eighteen great ships which they had ready, and several boats, came against them. Hubert de Burgh himself put out to sea, and Richard, the King's son, and several other knights; but the Earl of Warrenne did not embark; nevertheless, he kept watch over one ship of knights and men-at-arms, in which was his standard. The English so sailed as to attack the French rear. The ship wherein were the men of the Earl Marshal attacked firstly Eustace the Monk's ship, where was Robert de Courtenay, and very stoutly they fought. So fierce was the contest that four other ships came to aid the Earl's men; then was Eustace the Monk's vessel surrounded on all sides. Boldly the English assailed them, casting stones and lime, so that they blinded them all. So severely they attacked that they took them by force. Then there was captured Robert de Courtenay, who was uncle of the Queen.... William des Barres was taken with him, and Raoul de la Tournelle, and Neville d'Arras, and all the knights who were in that vessel. Eustace the Monk had his head cut off by one of the sailors called Stephen Trabe, who had long held him in great hate. None of the other great ships were taken, for they saved themselves by flight; but many of the smaller vessels were destroyed and great slaughter made of them who were captured. What more need I say? Great discomfiture the French had; long were they chased by the English, who then retired to Sandwich with their booty, which was very great. The knights were thrown into deep prisons, and Eustace the Monk's head was fixed on a lance, and carried in procession to Canterbury and through the countryside. This battle took place on Thursday, S. Bartholomew's Day, and the news was brought to London on the Saturday, very late in the evening, to Louis, who was exceeding wroth thereat, as was but natural.

WHY LOUIS WAS UNSUCCESSFUL IN ENGLAND.

Source.—The Canon of Barnwell's Continuation of Hoveden, p. 239. (Rolls Series.)

It was a miracle that the heir of the King of France, after having come to England with so great a number of armed men, and having obtained possession of so large a part of the kingdom, departed, or, I should rather say, was expelled, so speedily with all his men, and without hope of recovery. The reason is clear—that the hand of God was not with him, since he came in defiance of the prohibition of the Roman Church, and remained here under the ban of its anathema.

THE CHARTER OF THE FOREST (1217).

Source.—Statutes of the Realm-Charters of Liberties, pp. 20-21.

Henry, by the grace of God, King of England, Lord of Ireland, Duke of Normandy and Aquitaine, and Earl of Anjou, to the archbishops, bishops, abbots, priors, earls, barons, justiciars, foresters, sheriffs, reeves, officers, and all his bailiffs and loyal subjects, greeting.

Know that, looking to God and for the salvation of our soul, and the souls of our ancestors and successors, for the good of Holy Church, and the betterment of our kingdom, we have granted and by this our present charter confirmed ... the under-mentioned liberties to be observed in our kingdom of England for ever:

(1) First, all the forests created by King Henry our grandfather are to be inspected by good and lawful men, and if he shall be found to have made into a forest any woods other than those of his own demesne, to the detriment of the owner thereof, they shall be disforested. And if he has made his own demesne into a forest, let it remain so, saving common of herbage[1] and other rights in such a forest to those accustomed to enjoy them.

(2) Men dwelling outside a forest shall not for the future appear before our forest justiciars on a common summons, except they be impleaded, or be pledges for someone attached for forest offences.

(3) All woods made into forest by King Richard our uncle or King John our father up to the day of our first coronation, are to be immediately disforested, except our demesne woods.

(4) Archbishops, bishops, abbots, priors, earls, barons, knights, and freeholders, who have woods in our forests shall hold them as they held them at the time of the first coronation of King Henry our grandfather, so that they shall be quit for ever of purprestures,[2] wastes, and assarts,[3] made in these woods from that date up to the beginning of the second year after our coronation. And those who for the future shall make purprestures, wastes, and assarts, shall answer to us for them.

(5) Our reguardors shall perambulate the forests to make the reguard[4] as they were accustomed to do in the time of the aforesaid King Henry our grandfather and not otherwise.

(6) An inquisition or view of the expeditation of dogs in the forests shall for the future take place at the same time as the reguard—i.e., every third year; and then the inquisition shall be made by view and testimony of lawful men and not otherwise. And he whose dog shall be found without the claws cut shall pay as a penalty three shillings; and for the future no oxen shall be taken as a fine. And the expeditation shall be such that three toes shall be removed from the forefeet without injuring the ball of the foot; nor shall dogs have their claws cut except in those places where it was customary at the time of the first coronation of King Henry our grandfather.

(7) No forester or bailiff shall for the future make a forced contribution, or seize any corn or hay, or lambs or pigs, or make any levy; and by the view and oath of the twelve reguardors when they make the reguard, a reasonable number of foresters shall be appointed to keep the forests.

(8) No swanimote shall be held for the future in our kingdom save three times in the year—viz., a fortnight before Michaelmas when the agistors meet to agist[5] our demesne woods; at Martinmas when our agistors receive our pannage; and to these two swanimotes shall come foresters, verderers,[6] and agistors, and no others by distraint; and the third swanimote shall be held a fortnight before the feast of S. John the Baptist, before the period of the fawning of the deer, and to that swanimote shall come foresters and verderers and no others by distraint. Further, the verderers and foresters shall meet every forty days throughout the whole year to review the forest attachments, both of venison and of vert,[7] on the presentation of the foresters themselves and in the presence of those attached. And the aforesaid swanimotes shall not be held except in the accustomed counties.

(9) Every freeman may agist his own woods in the forest and have his own pannage.[8] We grant further that every freeman may take his own swine through our demesne woods, freely and without hindrance, to agist them in his own woods or where else he will. And if the swine of any freeman remain one night in our forest, the freeman shall not be accused thereof to his detriment.

(10) No one for the future shall lose life or limb on account of our hunting, but if any one be arrested and convicted of the taking of venison he shall pay heavily therefor, if he have whence he may pay; if he have not whence he may pay, let him lie in our prison for a year and a day; and if after a year and a day he can find pledges, let him depart from prison; but if not, let him abjure the kingdom of England.

(11) Any archbishop, bishop, earl, or baron passing through our forest, may take one or two beasts, in presence of the forester, if he should be at hand; if not, let a horn be blown, lest he should seem to take the beasts by stealth.

(12) Every freeman for the future may freely make in his own woods or in any land he has in the forest, mills, places for live stock, ponds, limepits, ditches, or ploughland outside the covert on the arable land, provided it be not to the hurt of any neighbour.

(13) Every person may have in his woods eyries for hawks, sparrows, falcons, and eagles, and heronries; he may likewise have any honey he finds in his woods.

(14) Henceforth, no forester who is not a forester of fee[9] paying us a ferm for his office, shall take any cheminage[10] in his bailiwick; but a forester of fee paying us a ferm for his office may take cheminage as follows:—for every cart, twopence per half year; for a horse bearing a burden, one halfpenny per half year; and only from those such as merchants, who come from outside his bailiwick into his bailiwick by his licence to buy brushwood, timber, bark, or coal, and to take and sell these articles in another place; and from no other load shall any cheminage be taken; nor shall cheminage be taken except in accustomed and due places. Those who carry on their backs brushwood, bark, or coal, to sell, although by this they make a living, shall pay no cheminage. Cheminage shall not be taken by our foresters save in our demesne woods.

(15) All outlaws for forest offences, from the time of King Henry our grandfather up to the time of our first coronation, may come freely into our peace, and find pledges that for the future they transgress not our forest laws.

(16) No castellan or any other shall hold forest pleas, whether of venison or of vert, but every forester of fee may attach forest pleas both of venison and of vert, and present them to the verderers of the district, and when they have been enrolled and enclosed under the seals of the verderers, they shall be presented to the chief forester when he comes into these parts to hold the pleas of the forest, and before him they shall be determined....

Given at Saint Paul's, London, on the sixth day of November, in the second year of our reign.

[1] Right of pasture.

[2] Encroachments.

[3] Clearings made by cutting down trees.

[4] "The chapters of the reguard" concerned all encroachments on the royal rights.

[5] Admit cattle for a defined time into the woods.

[6] Officials who made preliminary inquiry into forest offences.

[7] "Venison" covered the taking of game; "vert" destruction of woods, etc.

[8] Payment made for the liberty of pasturing swine.

[9] A forester who held his office on condition of feudal homage.

[10] Toll for liberty of passage through a forest.

CONCERNING A WRESTLING-MATCH AND DISTURBANCES IN THE CITY OF LONDON (1223).

Source.—Annals of Dunstable, pp. 78-79. (Annales Monastici, vol. iii.—Rolls Series.)

In the one thousand two hundred and twenty-third year after the Incarnation of Christ, there took place at London a wrestling-match between the household of the Abbot of Westminster and certain of the younger citizens of London; but their joy was turned to mourning. For though the household of the abbot had prevailed overnight, several being wounded on either side, on the following morning the Londoners chose to themselves a new Mayor, assembled armed mercenaries under the city standard, and having appointed a commander, set out against the church of Westminster. But some wise man's counsel turned them from this aim, and instead they attacked the houses belonging to the abbot's seneschal, alike within the city and without. And they carried off his possessions—both animals and other chattels. Some days thereafter, while Philip Daubeny, one of the household of our lord the King, was residing in London, the Abbot of Westminster visited him bearing a complaint of the violence to which he had been subjected; and the Londoners, learning this, surrounded the house like bees, seized twelve horses belonging to the abbot, and having beaten his servants and ill-treated the knights who were in his company, attempted to take the abbot himself. But while Philip strove in vain to stay the tumult, the abbot secretly departed by the back of the house and entered a vessel on the Thames; while the boatman rowed it away from the bank, stones were cast after them by the citizens, but the abbot succeeded with difficulty in escaping. When the news of these great disturbances reached the ears of the Justiciar, he summoned the Mayor and chief men of the city, and inquired who were the principal ringleaders in the riot. After the inquiry Constantine Fitz-Athulf and two of his nephews, of noble birth, were hung, because, when accused, they answered with insolence. Thereafter the lord King, because the citizens murmured at this, took from them sixty hostages, whom he sent to be kept in custody in different castles; further, he deposed the Mayor of the city, and appointed in his stead his own keeper. He also ordered a great gibbet to be prepared; finally, the citizens, after severe reprimands from the King and frequent consultations with the Barons, were reconciled with the King, by paying a fine of many thousand marks.

THE COMING OF THE FRIARS (1224).

Source.—Monumenta Franciscana, vol. i., pp. 5 et seqq. (Rolls Series.)

In the year of our Lord 1224, in the time of the lord Pope Honorius, and in the same year in which the Rule of the Blessed Francis was confirmed by him, in the eighth year of the reign of King Henry, son of John, on the third day after the Feast of the Nativity of the Blessed Virgin, which fell that year on a Sunday, the Minorite Brethren first landed in England at Dover; there were four clerks and five laymen. The following were the clerks:—First, Brother Agnellus of Pisa, a deacon of about thirty years old, who had been appointed by the Blessed Francis in the last general chapter, Provincial Minister in England.... The second was Brother Richard of Ingworth, an Englishman, a priest and preacher somewhat more advanced in years, who was the first to preach to the people beyond the mountains.... The third was Brother Richard of Devon, also an Englishman, a young acolyte, who left us divers examples of longsuffering and obedience.... The fourth was Brother William Ashby, a youthful Englishman, still a novice wearing the garb of probation.

The laymen were these:—First, Brother Henry of Ceruise, a Lombard, who, on account of his sanctity and great discretion, was made warden of London, and who, when his period of labour in England was completed, after the numbers of the brethren had been increased, returned to his own country. The second was Brother Laurence, from Beauvais, who was engaged at the beginning in uncompleted work, according to the injunctions of the Rule; afterwards he journeyed to the Blessed Francis, whom he was favoured to see frequently, and by whose conversation he was comforted; finally, the holy Father freely gave him his robe, and with a most pleasant benediction sent him back joyful to England.... The third was Brother W. of Florence, who returned to France, soon after the reception of the brethren (in England). The fourth was Melioratus; the fifth, Brother Jacobus Ultramontanus, still a novice in the garb of probation.

These nine, who had been brought across for charity to England and freely supplied with necessaries by the monks of Fécamp, came to Canterbury and abode at the priory of the Holy Trinity for two days; then four of them, to wit, Brother Richard of Ingworth, Brother Richard of Devon, Brother Henry, and Brother Melioratus, proceeded to London. The five others went to the Hospital of Poor Priests, where they remained until they had prepared a place of residence for themselves; soon after, a small room within the school was given to them, where they remained from day to day, shut up almost constantly. When the scholars returned home in the evening, the brethren entered the house where the scholars had been seated, made themselves a fire, and sat near it; sometimes, when they wished to drink, they placed on a fire a pot with the dregs of beer, and put a dish in the pot, and drank in turn, speaking each some words of pious instruction; and as he bears witness who shared in their real simplicity, and was a participator in their holy poverty, their drink was often so thick that, when the pots came to be heated, they poured in water, and so drank with pleasure....

The four brethren, of whom I have spoken above, when they came to London, betook themselves to the Friars Preachers, by whom they were kindly received, and with whom they remained for two weeks, eating and drinking what was set before them, like intimate friends. Afterwards they hired a house in the village of Cornhill, where they constructed cells, stuffing the interstices between the cells with grass. They remained until the following summer in their early simplicity, without a chantry, because they had yet no privilege to erect altars and celebrate divine service in their house. Just before the Feast of All Saints, and before Brother Agnellus had come to London, Brother Richard of Ingworth and Brother Richard of Devon came to Oxford, and there also were most kindly received by the Preaching Brothers, in whose refectory they ate, and in whose dormitory they slept, for eight days. Afterwards they hired for themselves a house in the parish of S. Ebba, and there remained without a chantry until the following summer. There the Blessed Jesus sowed a grain of mustard-seed, which afterwards became the greatest among herbs. From that place Brother Richard of Ingworth and Brother Richard of Devon set out to Northampton, where they took up their abode in the hospital. And afterwards they hired for themselves a house in the parish of S. Egidius, where the first warden was Brother Peter of Spain, who wore an iron corselet next his body and furnished many other examples of perfection. The first warden of Oxford was Brother William Ashby, hitherto a novice; he was now given the dress of the Order. The first warden of Cambridge was Brother Thomas of Spain; of Lincoln, Brother Henry Misericorde, a layman. The lord John Travers first received the brethren at Cornhill, and gave them a house; a certain layman from Lombardy was appointed warden, who first taught letters by night in the church of the Blessed Peter at Cornhill, and afterwards became Vicar of England, while Brother Agnellus went to the general chapter. In the vicarate he had as his associate Brother Richard of Ingworth; in the end, being unable to endure such heights of prosperity, and being weakened by so many honours, he became insane, and apostatised from the Order. It is worthy of note that in the second year of the administration of Brother Peter, fifth Minister of England, that is to say, in the thirty-second year after the arrival of the brethren in England, the number of brethren living in the province of England, in forty-nine places, amounted to MCCXLII.

THE RULE OF SAINT FRANCIS (1224).

Source.—Monumenta Franciscana, vol. ii., pp. 65 et seqq. (Rolls Series.)

(The following extracts are from an English translation of the fifteenth century. The Rule itself was confirmed by Honorius III. in 1224.)

In the name of God: here begynneth the rewle and the lif of the bretherne minoris, the first chapiter.

The rewle and lif of the bretherne mynorys is this, to obserue and kepe the holy gospelle of our Lord Jhesu Christ in lyving in obedience, without propre,[11] and in chastite. Brother Fraunces promyseth obedience and reuerence to the lord Honory, Pope, and to his successours laufully enteryng, and to the churche of Rome; and alle other bretherne be bownde to obey vnto brother Fraunces and to his successours.

II. Of them that wille resceive this lyf, and in what maner they may be resceyved:

Yf any that will resceive this lyf comme to oure bretherne, let them send them to ther mynysters provinciallis, vnto whom only, and to none other, licence ys grauntyd to resceyve bretherne. The mynysters dilygently shall examyn them of the Crystene feithe, and of the sacrementis of the churche. The mynysters dilygently shall examyne, and yf they stedfastly beleve in them, and will truly and feithfully graunt and confesse them, and to the ende of ther lyf stedfastly kepe them: and yf they have no wifys: ... let them say too them the wordis of the holy gospelle, that ys to say that they go and selle all ther goodis, and indever them self to distrybute them to poor people, the whiche if they may not doo yt suffisethe ther good wille. And the bretherne shalbe wel ware that they medle not nor enbesy them self with ther temporalle goodis or procuryng therof, that they may frely do ther with what so euer God putteth or enspireth in ther myndis. Nevertheles, if cownselle be desired and askyd of them therin, the mynisteris haue licence to send them vnto somme persones dredyng God, by whose counselle ther goodis may be distrybuted and givenne to poor people. Then, after this, they shall graunt to them the clothyng of probation, that ys to say ij cootis withoute a hode, a corde, a femoralle, a schapelet downe too the girdle. But yf yt be thowghte expedient too the seide mynisters godly otherwise to be done or dispensyd at summe tyme, the yere of probation fynyshed and endid, they may resceyve them to obedience and profession. And in nowise yt may be lawfulle to them to forsake this religion, after and accordynge to the commaundement of the Pope, for, after the saying of the holy gospelle, no manne puttynge his hand too the plowghe and lokyng backwardis ys apte to[12] the kyngdome of hevyne. And they whiche arre professid and haue promysed obedience shalle haue oone cote with a hoode, and a nother withoute a hoode that wille have yt, and suche as haue nede or as ar constreynyd by necessyte may were shoone. And alle the bretherne must be clothid with symple and vyle clothinge. And they may pece them and amende them with pecis of sak clothe, or with other pecis, with the blissyng of God. Whom I warn and exhorte that they dispise nor juge those men whiche they se clothid with delicate and softe clothyng, or with colowred and costly aray, use delicius metis and drynkis, but moche more rather eche of them shoulde juge and despise hymself.

III. How the bretherne shold behave them self when they goo by the weye:

... I cownsell also warne and exhorte my bretherne in oure Lorde Jhesu Criste that they bralle nat, nor strive in ther wordis or communication, nor that they juge norre deme[13] none other men; but that thei be meke, peasible, softe, gentille and curteis, and lowly, honestly spekynge and answerynge to euery manne as vntoo them accordith and belongith. And they shalnot ride, but yf they be constrayned by evident necessitee or ellis by sekeness. In to what house or place someuer they enter they shalle saye firste, "pece be vnto this howse." And, accordynge too the holy gospelle, they may ete of all maner of mettis whiche be sette before them.

IV. That the bretherne may not resceive any coyne or money:

I commande stedfastly and straitly too all the bretherne that in no wise they resceive any maner of coyne or money, nother by them self nor by none other meane person. Neuertheles for the necessite of the seke bretherne, and for the other bretherne to be clothid or nedynge clothinge, by goostly and spiritualle frendis, the mynysters oonly and the custodyes or wardens shalle haue diligent cure and charge accordyng to the placis, too the tymes or seasons, and to the colde cowntreis and regions; lyke as yt shall seme them expedient too ther necessite or nede. Savyng this alwaies that lyke as yt is before saide they may nat resceive ony maner of coyne or money.

V. The maner how the bretherne shall use and occupie them self in bodily labour.

The bretherne too whom God hath gyven grace and strengthe to labowr shall laboure truly and deuoutly, so and in suche wise that Idlenes, the enemy of the soule, excluded and put awey, they quenche not the inward feruour and sprite of holy prayer and devoycoun whereunto alle transetory and temporalle thyngis oughte deserne[14] and geve place. As of the hier and availe for ther laboure, they may resceive for them self and for ther bretherne, those thinggis that be necessary and nedefulle to ther bodies, except coyne or money. And that louly and mekely, as appartainith and belongith the saruauntis of God and the trewe folouaris of most parfyte and holy pouerte.

VI. Howe that the bretherne may not appropre to them ony thinge in any maner of wyse:

The bretherne shall nothynge appropre to them, nother in howsing nor in londis, nor in rent nor in any maner of thynge, but lyke pilgrimis and strangers in this world, in pouerte and mekenes, saruyng Almyghty God. They shalle feithefully, boldly, and surely and mekely goo for almys. Nor they shalnot nor owghte not to be ashamed, for our Lord made hym self poor in this worlde.

[11] Property.

[12] Fit for.

[13] Condemn.

[14] Yield.

PAPAL DEMANDS FOR PREBENDS (1226).

Source.—Roger of Wendover, vol. ii., pp. 466-468. (Bohn's Libraries.)

In the meantime the period fixed on for holding the council at Westminster at the Feast of S. Hilary was now come, at which the King, the clergy, and nobles of the kingdom were bound to appear to hear the Pope's message. Many Bishops, therefore, with others of the clergy and laity, assembled at the above place, and Master Otho, the messenger of our lord the Pope, of whom mention has been made before, read the Pope's letters in the hearing of them all. In these letters the Pope set forth a great scandal and old abuse of the Holy Church of Rome—namely, an accusation of avarice, which is said to be the root of all evil, and especially because no one could manage any business at the Court of Rome without a lavish expenditure of money and large presents. "But since the poverty of the Roman Church is the cause of this offence and evil name, it is the duty of all to alleviate the wants of their mother and father as natural sons; because unless we received presents from you and other good and honourable men, we should be in want of the necessaries of life, which would be altogether inconsistent with the dignity of the Roman Church. In order, therefore, utterly to destroy this abuse, we, by the advice of our brethren the Cardinals of the Holy Roman Church, have provided certain terms, to which if you will agree, you may free your mother from insult, and obtain justice at the Court of Rome without the necessity of making presents. Our provided terms are these: In the first place, we require two prebends to be granted to us from all cathedral churches, one from the portion of the Bishop and another from the chapter; and from monasteries in the same way where there are different portions for the abbot and the convent; and from convents the share of one monk, on an equal distribution being made of their property, and the same from the abbot."

After making these proposals, Master Otho, on behalf of our lord the Pope, advised the prelates to consent, setting forth the above-mentioned advantages contained in the letters. The Bishops and prelates of the Church who were present in person then moved apart to consult on the matter, and after having deliberated on the proposals for some time, they deputed John, Archdeacon of Bedford, to give their answer, who went before Master Otho, and gave the following reply to his demands: "My lord, ... since the King, on account of illness, and some of the Archbishops and Bishops and other prelates of the Church are absent, we cannot, and, in their absence, ought not to give you an answer; for if we were to presume so to do, it would be to the injury of all who are absent." After this, John Marshal and other messengers of the King were sent to all the prelates who held baronies in chief of the King, strictly forbidding them to engage their lay fee to the Church of Rome, by which he would be deprived of the service which was due to himself. Master Otho, on hearing this, appointed a day in the middle of Lent for those who were then present to meet, when he would procure the presence of the King and the absent prelates, that the affair might be brought to a conclusion; they, however, would not agree to the aforementioned day, without the consent of the King and the others who were absent, and in this way all returned home.

THE KING ANNULS THE GRANTS MADE DURING HIS MINORITY (1227).

Source.—Roger of Wendover, vol. ii., pp. 485-486. (Bohn's Libraries.)

In the month of February in the same year the King assembled a council at Oxford, and before all present he declared himself of legitimate age to be released from wardship, and to take the chief management of the kingly duties. And thus the former pupil and ward of William Marshal during his life, and after his death of Peter, Bishop of Winchester, now, by the advice of Hubert de Burgh, Justiciary of England, freed himself from all counsel and restraint of the said Bishop and his friends, who had formerly been, as it were, his schoolmasters, and dismissed them all from his Court and from all connection with him. At the same council, too, the said King annulled and cancelled the Charters of the Liberties of the Forests in all the counties of England, after they had been in practice throughout the whole of England for two years; and as a reason for this he alleged that the Charters had been granted, and the liberties written and signed, whilst he was under the care of a guardian, and had no power over his own body or his seal, and therefore, as it had been an unreasonable usurpation, it could no longer stand good. On this, a great murmur rose amongst the council, and all decided that the Justiciary was the author of this trouble; for he afterwards became so intimate with the King that all the other councillors of the kingdom were thought nothing of. Orders were then given to the religious men and others, who wished to enjoy their liberties, to renew their charters under the new seal of the King, as they knew that he held the old charters to be invalid; and for this renewal a tax was levied, not according to the means of each of them, but they were compelled to pay whatever the Justiciary determined on.

ARTICLES OF ACCUSATION AGAINST HUBERT DE BURGH (1232).

Source.—State Trials, vol. i., coll. 13-22.

Articles of accusation against Hubert de Burgh:

I. That his lord the King requires of him an account of all the revenue of the kingdom, for the fourteen years next following the death of King John his father, from which time he took upon him the keeping and management of the same, without any authority....

II. Concerning the collection of the whole fifteenth, which, according to the Great Council of the whole kingdom, ought to have been kept and held in deposit, so that no part of it should have been taken until the arrival at age of our lord the King, unless under the inspection of six Bishops and six Earls specially appointed for the purpose; nor so but for the defence of the kingdom; the amount of which was about 89,000 marks of silver.

III. Concerning the territory in Poitou, of which King John died seised, and of which our lord the King that now is had seisin when the said Earl took upon him the custody of the realm; to wit, the territory of Rochelle, Niort, and St. John; who, when he ought, for the rescue of these territories, to have sent treasure and corn, sent barrels filled with stones and sand, so that when the Barons and great men of our lord the King, and the burgesses, perceived that default, they abandoned the homage and service of our lord the King, and turned themselves to the enemies of our lord the King, by means whereof our lord the King lost Poitou.

IV. That while our lord the King was under age, and it was necessary to succour Poitou, and the King's army should have gone to Poitou, the Earl caused the Castle of Bedford to be besieged, where our lord the King and his great men of England expended a very large quantity of money before it was taken....

V. That he had sent messengers to Rome, and before the lord the King was of full age had obtained that he should be of full age, as if this had been for the advantage of the lord the King, and by authority of this his age, had caused to be granted by charter to himself lands which had been of Henry de Essex, and many other lands, dignities, and franchises, of which, by his own authority, he took possession after the death of King John, and of which the said King John died seised, as he also caused to be given and confirmed to religious persons, ecclesiastics, and others, many lands and franchises and other things, to the lessening and great detriment of the dignity of the lord the King and his crown.

VI. That whereas the lord William, King of Scotland, formerly delivered to the lord King John his two daughters, the elder of whom was to be married to the lord the King, or to Earl Richard, if the lord the King should die; and for which marriage the same King William released King John all his right which he had in the lands of Cumberland, Westmoreland, and Northumberland; and, besides, gave to him 15,000 marks in silver; he (i.e., Hubert de Burgh), before the lord the King was of such age as to be able to determine whether he would take her to wife or not, married her; so that, when the lord the King came of age, he was obliged to give the King of Scotland who now is, eight hundred oxgangs of land for the release of the lands aforesaid, because the first agreement had not been observed, and this notwithstanding he had before married the Countess of Gloucester, who had formerly been betrothed to the lord King John while he was Earl, and whom King John had committed to his custody, and whose marriage he had formerly sold to G. de Mandeville for 20,000 marks, whereby each of them was connected in a certain degree of consanguinity.

VII. Whereas the lord the Pope commanded that, on account of the said relationship, a divorce should be made between him and the Countess, his wife whom he now hath; he caused all the corn in the ear, belonging to the Romans, to be threshed out by those who were called Lewytheil. In consequence whereof, a general sentence of excommunication was passed against all those offenders, and those who favoured them; and this he did while he was Justiciar and bound to keep the peace, and so that by these means the peace continues disturbed to this time.

VIII. Whereas he had placed himself in the prison of the lord the King, and by the agreement made between them, he was to be taken to be an outlaw, if he should ever escape from that prison without the licence of the lord the King; he did escape from that prison, and ... he was become an outlaw; and afterwards when the lord the King had received him into his favour, he would not accept any writ of the lord the King for the remission of that outlawry....

IX. That he spake base and scandalous words of the lord the King in the presence of the lord Ralph, son of Nicholas, Godfrey de Cramcumbe, the brother of G., and others; and the lord the King still has many things to be proposed and alleged against him, which, for the perusal, he reserves in his mind to propose when it shall please him and occasion shall serve.

THE POITEVIN INVASION (1233).

Source.—Roger of Wendover, vol. ii., pp. 565-566. (Bohn's Libraries.)

A.D. 1233.—The seventeenth year of King Henry's reign he held his Court at Christmas at Worcester, where, by the advice of Peter, Bishop of Winchester, as was said, he dismissed all the native officers of the Court from their offices, and appointed foreigners from Poitou in their places. He also dismissed William de Rodune, a knight who carried on the duties of Richard the Grand Marshal at his Court. By the same person's advice the King also dismissed Walter, Bishop of Carlisle, from his office of Treasurer, and then took from him a hundred pounds of silver, and also spitefully deprived him of some trusts, which he the King had by his own charter confirmed to him for life. All his former counsellors, Bishops and Earls, Barons and other nobles, he dismissed abruptly, and put confidence in no one except the aforesaid Bishop of Winchester and his son Peter de Rivaulx; after which he ejected all the castellans throughout all England, and placed the castles under the charge of the said Peter. The Bishop, then, in order to gain the King's favour more completely, associated with himself Stephen de Segrave, a yielding man, and Robert Passelewe, who kept the King's treasury under Peter de Rivaulx; and he entirely ruled the kingdom with the advice and assistance of those men. The King also invited men from Poitou and Brittany, who were poor and covetous after wealth, and about two thousand knights and soldiers came to him equipped with horses and arms, whom he engaged in his service, placing them in charge of the castles in the various parts of the kingdom; these men used their utmost endeavours to oppress the natural English subjects and nobles, calling them traitors, and accusing them of treachery to the King; and he, simple man that he was, believed their lies, and gave them the charge of all the counties and baronies, as also of all the youths of the nobility, both male and female, who were foully degraded by ignoble marriages. The King also entrusted them with the care of his treasury, with the enforcement of the laws of the country and the administration of justice. In short, judgment was entrusted to the unjust, laws to outlaws, the preservation of peace to the quarrelsome, and justice to those who were themselves full of injury, and when the nobles of the kingdom laid complaints before the King of the oppression they endured, the said Bishop interfered and there was no one to grant them justice. The said Peter, too, made accusations against some of the other Bishops of the kingdom, and advised the King to avoid them as open enemies.

THE PAPAL LEGATE AND THE CLERKS OF OXFORD (1238).

Source.—Matthew Paris, Chronica Majora, vol. i., pp. 126-129. (Bohn's Libraries.)

At this time, the legate, having come to Oxford, and been received with the highest honour, as was due to him, was entertained in the house of the canons, which was at Oseney Abbey, where the scholar-clerks before breakfast-time sent him an honourable present, in the way of meat and drink, and after breakfast proceeded to his place of abode to pay their salutation to him, and to visit him out of respect. On their approach, however, a transalpine porter, with unbecoming and improper raillery, raising his voice after the manner of the Romans, and holding the door a little open, said: "What do you want?" To which the clerks replied: "We want his lordship the legate, that we may pay our respects to him;" for they confidently believed that they would receive honour for honour. The doorkeeper, however, with taunting speeches, saucily refused admittance to them all, with haughtiness and abuse; on seeing which, the clerks rushed forward with impetuosity, and forced their way in, whilst the Roman attendants, in their endeavours to keep them back, struck them with their fists and sticks. Whilst the contending parties were engaged in repeated blows and taunts, it happened that a poor Irish chaplain was standing at the door of the kitchen, and had earnestly besought for something to be given to him in God's name, after the custom of a poor and hungry man, when the master of the legate's cooks (who was also his brother, and whom he had placed at the head of that office, that no poison might be given to him, which he, the legate, greatly feared) heard him, but paid no heed to his request; and, becoming angry with the poor man, threw in his face some boiling water drawn from the caldron where fat meat was being cooked. At this injury to the poor man, one of the clerks, a native of the Welsh borders, cried out: "Shame on us to endure anything like this!" and drew a bow which he carried (for, as the tumult had increased, some of the clerks had seized on whatever came to hand), and by an arrow discharged from it, himself pierced the body of the cook (whom the clerks satirically called "Nabuzardan," which means chief of the cooks). On the fall of the dead man a cry was raised, hearing which the legate was astounded, and, struck with fear, which can overtake the boldest man, he betook himself to the tower of the church, clad in his canonical hood, and secured the doors behind him. When the darkness of the night had put an end to the tumult, he put off his canonical dress, quickly mounted his best horse, and under the guidance of some persons who knew the most private fords, crossed the river at the nearest part to him, although with much danger, for the purpose of flying under the protection of the King's wings as soon as possible; for the clerks, carried away by rage, continued to seek for the legate in the most secret hiding-places, crying out: "Where is that simoniacal usurer, that plunderer of revenues, and thirster for money, who perverts the King, subverts the kingdom, and enriches foreigners with spoil taken from us?"... Having crossed the river with much trouble (as above mentioned), and with only a few attendants, owing to the difficulty of the passage, the rest remaining concealed in the convent, the legate came to the King breathless, and in a state of alarm, and with sighs and tears interrupting his discourse, he explained to the King, as well as his attendants, the series of events which had happened, making a serious complaint in the matter. The King was astonished at his pitiable story, and sympathised much with him, and sent the Earl of Warrenne with an armed troop to Oxford, with all haste, to rescue the Romans who were lying concealed there, and to arrest the scholars; amongst the latter, one Master Odo, a lawyer, was roughly seized, and, together with thirty others, was ignominiously consigned to close imprisonment in the Castle of Wallingford, near Oxford; whilst the legate, thus liberated from the broken snare, summoned some of the Bishops, laid Oxford under an interdict, and excommunicated all the abettors of this enormous offence. The prisoners were then, at the instance of the legate, conveyed in carts, like robbers, to London, and were there committed to close confinement, after being deprived of their incomes, and bound by the anathema....

At length it was suggested to the legate, by the Bishops and the whole of the clergy, that the dispute took its risk from his own dependants; but at the end of the dispute the clergy got the worst of it, for, by his orders, a great portion of them were committed to prison; the rest of them, in obedience to his orders, were ready humbly to make submission, at a place about three days' journey from Oxford; to these, on the petition of so many great men, his mind ought to be inclined to mercy. At length it was arranged that the legate would grant this mercy, on condition that all the scholars there assembled should proceed on foot, in company with the Bishops, also on foot, from St. Paul's Church, which was nearly a mile distant from the abode of the legate, until they reached the abode of the Bishop of Carlisle, and from thence should go, without hoods and cloaks, and barefooted, to the abode of the legate, where they would humbly ask pardon, which would be granted them, and they would become reconciled. This was done; and the legate, seeing this humiliation, received them again into his favour, restored the University to its municipal site, mercifully withdrew the interdict, with the sentence of excommunication, and granted them letters that, on this account, no stain of disgrace should at any time be thrown on them.

PAPAL EXACTIONS (1240-1244).

A. Source.—Matthew of Westminster, vol. ii., p. 196. (Bohn's Libraries.)

A.D. 1240.—And about the same time, a friend and relation of the lord the Pope came into England, the Master Peter Rubeus, who passed rapidly through England, and coming to Scotland, collected with great energy one-twentieth of everything in that country for the use of the Pope. About the same time, Master Peter de Supion, being sent into Ireland diligently to collect the same twentieth in that country, carried off all he could from thence, like a genuine inquisitor of the Pope. And the booty which he collected is said to have amounted to the number of fifteen hundred marks and more. But the collection of Peter Rubeus, which he extorted from the Scotch territories, is supposed to have reached the double of that sum. And subsequently, returning through England, he looked into all the houses of the religious Orders with a new spirit, and exacted money for the use of the Pope with exceeding strictness, compelling them to swear that they would keep that oath as a secret of the confessional for half a year. By which conduct he turned aside the hearts of the faithful from any devotion and affection towards the Church of Rome, and wounded them with great anguish.

B. Source.—Matthew of Westminster, vol. ii., pp. 222-223. (Bohn's Libraries.)

A.D. 1244.—About the same time, the Pope, relying too much on the King's simplicity and patience, sent into England a new extorter of money, not invested with the insignia of a legate, but fortified with unheard-of powers, by name Martin, who immediately betook himself to the usual abode of all the Papal legates, and nuncios, and secular clergy, that is to say, to the New Temple in London; and without delay displayed his power of receiving revenues, and extorting money in all kinds of ways, and practised it diligently, to the great distress of many hearts, and to the wounding of men's consciences. For he had the power of prohibiting all collation to benefices, until satisfaction should be made to him according to his wish. And, despising all scanty revenues as so many husks, he laid rapacious hands on all rich booty. He had also power of excommunicating, suspending, and punishing in various ways, and just as he pleased, all who resisted his will, though it might have been a mere hasty action; just as if on that very day he had, according to established custom, produced authentic Bulls, drawn up in the Papal chancery. On which account it was said by some people, and not without reason, that he had brought over a great many papers sealed with a Bull,[15] but not filled up, for him to fill up himself as he pleased; but I would hope that this was not the case. Accordingly, the aforesaid Master Martin began to exact presents on all sides from the prelates in an imperious manner, such as desirable palfreys and precious vessels, and to extort them even by force (especially from those who belonged to any religious Orders) for his own use (for that man prays foolishly who forgets himself); and for the use of the Pope he extorted sums of money and prebends to which men had been already elected, using this odious additional form of words: "notwithstanding any privilege to the contrary," etc. And as a certain rich prebend at Salisbury was vacant, the aforesaid Master Martin, a diligent searcher out of such things, laid his greedy and hooked hands upon it, and without consulting, or, I may rather say, against the express wish of the Bishop of that See, he conferred it on a young man, a nephew of the lord the Pope. And in a similar manner the unwearied Master Martin, before-mentioned, conferred other benefices on the kinsmen of the Pope, of whom there was an astonishing number, not without causing great astonishment to many persons of experience. For many people believed, and because they believed, hoped that the Roman Court, having been so repeatedly chastised by God, would, in some degree, at least, check its accustomed avarice by the bridle of moderation.

[15] Technically, the Bull was the leaden seal affixed to a Papal document.

THE ENGLISH IN FRANCE (1242).

Source.—Matthew of Westminster, vol. ii., pp. 206 et seqq. (Bohn's Libraries.)

The same year a great sedition arose in Poitou, which subsequently produced great ruin, and a deadly quarrel, and war, and irreparable damage; for the Count de la Marche, at the instigation of Isabella, whom the French call the most impious Jezebel, being his own wife and the mother of the King of England, lifted up his heel against his lord the King of France ... and he intimated to the King of England to come to Poitou, not with any great retinue of English, but armed only with a large sum of money, and that he would make over to him all his territories beyond the sea. The King, by the advice of the Poitevins, a race always ready for treachery, gave credence to his proposals, and agreed to them, and prepared for his passage, with much treasure, and in a single vessel, and could not be delayed by either the advice or entreaties of any of his friends or natural subjects.... When Earl Richard (the brother of King Henry) saw that there were no means of turning the King from his design, he agreed to cross the sea with him, and prepared in a magnificent manner for the passage. And encouraged by his example, many other nobles prepared to make the passage in company with the King and the aforesaid Earl. The guardianship of the kingdom, therefore, being entrusted to Walter, Archbishop of York, because he was considered a man of singular discretion and fidelity among all the nobles of the kingdom, the lord the King, accompanied by his Queen, and by his brother, Earl Richard, with seven other Earls, and about three hundred knights, embarked on board ship on the fifteenth of May and set sail, steering his course towards Bordeaux....

About this time, the most pious and accomplished King of France, being moved by the spirit of mercy and peace, offered the lord the King of England excellent conditions of peace, because he was his kinsman, and because the Queen, his wife, was sister of the Queen of England. But the King of England, being led away by the false promises of the Count de la Marche, utterly refused them, asserting that he would never reject the advice of the said Count, whom, according to his usual custom, he called his father. And immediately, in a rash and hostile manner, he defied the King of France himself. Therefore the King of France repented of having thus humbled himself to the King of England, and unfolding the oriflamme, he made a vigorous attack on all the territories which belonged to the Count de la Marche; and in a short time the war was so successful in his hand, that he had crushed his enemies and brought the war to a wished-for end; for he had already occupied the Castle of Frontignac, which appeared to the Poitevins to be impregnable, and in it he took prisoners the son of the Count de la Marche, and a hundred knights. After that, he took the castle called Movent. And after that, day by day, he took other castles and cities, and all their inhabitants, illustrious citizens and knights, voluntarily submitted to his power. At last he came to a city very rich in vineyards, which is called Taillebourg, and which rejoices in a river, which is called the Tarente; and while the King of France was there, the King of England came in close order of battle to the other side of the river, and the two armies were so near that they could see one another's flags and standards, and there the King of England was saved from the danger of a disorderly battle by the energy of Earl Richard. Accordingly, King Henry fled with prudence and good fortune, and came to Saintonges; but the King of France pursued him without delay, and a very fierce battle took place between the French and English, outside of the city, in which the French, though against their will, were forced to confess that the English gained the most honour.

But as the army of the King of France was increasing every day, like a lake which grows in consequence of torrents which pour into it, a sedition arose in the city, in consequence of which evil reports got abroad, and so the King of England fled disgracefully, and retreated with all expedition to Blaye, where for some days he was detained by illness. So when the Count de la Marche heard this, being stung with grief in his heart, he sent the Count of Brittany to the King of France, to be a mediator and an intercessor for peace. And so, though with great difficulty, he was admitted to peace by the King of France, on very severe conditions, being forced to abandon the King of England, after he had drained him of his treasures and injured his honour. After these events, Reginald de Pontibus, and (following his example) William, surnamed the Archbishop, and the Viscount of Thouars, and many other nobles of Poitou, who nevertheless had craftily, or one might say treacherously, received all the money of the King of England that they could get, now flew to shelter themselves under the wing of the King of France....

Meantime, the King of France, having taken counsel with his nobles, because he saw that his military enterprises all prospered in his hands, according to his wishes, proposed to pursue the King of England in a hostile manner, without losing any time, as far as Blaye, because he knew that the said King was now deserted by all the forces of the Poitevins, and deprived of all comfort, and descending rapidly to the abyss of despair; and from Blaye to Bordeaux, if he departed in that direction, and to continue the war with unwearied diligence till its termination. And lo! the Lord, pitying the King, the Lord who giveth salvation to Kings, when and how He wills, that Henry might not appear to have recommended himself in vain to the prayers of the men of the religious Orders on his retreat, threw the hearts of the French, who were giving way to absurd pride, into confusion, by permitting seeds of division and dissension to arise among them.... Besides, a great want of provisions, and especially of water, oppressed their army, which was numerous, in a miserable manner, so that as their want of all kinds of food grew greater, they became swoln, and wasted away with sickness, and being afflicted and exhausted with various miseries, expired. For their fellow-citizens of the province had closed up the mouths of the wells, and had polluted and poisoned the rivers and fountains, had ploughed up the meadows and pasture-lands, and, having driven away the cattle, had removed to a distance all their supplies and all their crops. Accordingly, when they drank the waters, both horses and men perished; and as the dog-days were just at hand, those who were sick lay down, and speedily died, being destitute of all comfort and rest, and having no attendance or medicine. And in this way upwards of eighty nobles of the French army, who were entitled to bear standards, died, and of the infantry about twenty thousand. And as the King of France at the same time was very ill, great fear and despair seized upon the French, who said that the alms of the King of England had undone them. For they were greatly afraid that their own King, because he was tender and delicate, and indeed that they themselves, too, might be overwhelmed with sudden death; and the example of strong men who were overtaken by death increased their fear.

Therefore, as the fates were adverse to him, the King of France was compelled to beg a truce of five years from the King of England, being desirous to return with all speed into France, where he might be able to enjoy a better climate, and the truce was accordingly, and indeed joyfully, granted to him when he requested it. Having therefore received the homage of the nobles of Poitou, and having placed garrisons of his own natural and loyal subjects in their castles and cities, to command them, and keep them for him, the King returned to France; and being soon restored to perfect health, he commanded the men of Poitou, who had been surrendered on conditions of extremity, to be kept in close custody, and while there a condition was imposed on them that they should not give their daughters in marriage, nor go from one city to another, without leave of the French. Also the Count de la Marche, being accused and impeached of treason that same year before the King of France, was with difficulty saved from the infliction of an ignominious death. But he became a sort of prodigy in the eyes of all men; a sign that is to be pointed at and ridiculed, and hissed at by all men, because he had so wickedly betrayed the King of England, who rashly trusted in him. From that time forth, then, the prodigal anxiety of the King of England was released from its burdens, though before that time he was accustomed foolishly to distribute among the Poitevins seven thousand marks every year, for their shadow of homage and useless service.

HOW THE KING VEXED HIS LOYAL SUBJECTS (1248).

Source.—Matthew Paris, Chronica Majora, vol. ii., pp. 254-256. (Bohn's Libraries.)

About the beginning of the year, in the octaves of the Purification, the nobles of all England were convoked at London, to confer with the King on the affairs of the kingdom, which was now greatly disturbed, impoverished, and injured.... The King explained to them his purpose, which indeed was not a secret to the community in general, and asked pecuniary aid from them; whereupon he was severely rebuked and reproached, in that he was not ashamed to demand such assistance at that time, especially because on the last exaction of a similar kind, to which the nobles of England were with difficulty induced to give their consent, he gave his charter that he would not again make such an exaction. He was also most severely blamed (and no wonder) for the indiscreet way in which he summoned foreigners into the kingdom, and for lavishly and indiscreetly scattering the property of the kingdom amongst them, and also for marrying the nobles of the kingdom to ignoble foreigners, thus despising and putting aside his native and natural subjects; nor did he ask the consent of both parties, which is necessary to the completion of a marriage. He was also blamed, and not without reason, because he seized by force on whatever he used in the way of meat and drink—especially wine, and even clothes—against the will of those who sold these things, and were the true owners; wherefore the native dealers withdrew and hid themselves, as also did foreigners, who would otherwise bring their goods for sale to that country; thus a stop was put to trade, by which different nations are mutually enriched and strengthened, and thus we are defamed and impoverished, because they obtain nothing but lawsuits and anger from the King; and by this, he the said King incurs awful maledictions from numberless people to the peril and disgrace of himself and the whole kingdom. From these traders, moreover, he, in order that he may bestow alms indiscreetly, and may make immoderate illuminations, forcibly seizes wax, silk stuffs, and other things, without making any terms of pacification; thus bringing scandal on himself, his kingdom, and all who inhabit it, and not without giving serious offence to God, who holds rapine in abhorrence when connected with an offering. In all these proceedings he tyrannises and oppresses to such a degree that even on the sea-coast he does not allow the herrings and other fish to be disposed of at the will of the poor fishermen, nor do they dare to appear in the places adjoining the sea-coast or in the cities, for fear of being robbed; so that they consider it safer to trust themselves to the stormy billows and to seek the further shore. The miserable traders also are so cruelly oppressed and annoyed by the royal agents, that punishment is added to loss, and injury is heaped upon injury, both as regards their own persons, and as regards their carriages and their already jaded horses. The King was, moreover, reprehended, in that he, contrary to the first and chief oath which he made at his coronation, impoverished even to their ruin the bishoprics and abbacies, as well as the vacant wardships founded by the noble and holy fathers, which he for a long time detains in his own hands, though he ought to be their protector and defender; and therefore they are said to be in his hands, that is, under his protection. Another complaint also was made against him by each and every one, and it was no slight one; and this was, that, unlike his noble predecessors, he never appointed either a Justiciary, a Chancellor, or Treasurer, in consonance with the advice of the kingdom in general, as was expedient, but only such persons as obeyed his pleasure in everything, provided that it was advantageous to himself, and such as did not seek the advancement of the common weal, but their own especial benefit, by collecting money and obtaining wardships and revenues for themselves.

A CHANGE OF RULER IN SCOTLAND (1249).

Source.—John of Fordun's Chronicle of the Scottish Nation, pp. 288-290. (Historians of Scotland, vol. iv.)

That renowned King of Scots, Alexander II., while he was on his way to restore peace to the land of Argyll, was overtaken by grievous sickness, and carried across to an island which is called Kerrera; and there, in the year 1249, after he had partaken of the sacraments of eternal salvation, his blissful soul was snatched away from this life, and joined, as we believe, all the saints in the heavens.... While he lived, he was a most gentle Prince towards his people, a father to the monks, the comforter of the needy, the helper of the fatherless, the pitiful hearer and most righteous judge of the widow and all who had a grievance, and towards the Church of Christ a second Peter....

Alexander, son of the aforesaid King Alexander, a boy of eight years of age, came to Scone on the following Tuesday, the 13th of July, with a number of Earls, Barons, and knights. There were likewise present the venerable fathers, David of Bernham, Bishop of Saint Andrews, and Galfrid, Bishop of Dunkeld, a man in great favour with both clergy and people, zealous in temporal and spiritual things, who endeared himself to both great and poor, but was a terror to evildoers. The Abbot of the monastery of Scone itself was also there. But lo! as soon as they were gathered together, there arose a dispute among the nobles. For some of them would have made not a King, but a knight, on that day, saying that it was an Egyptian day.[16] Now this was said not because of the Egyptian day, but because the lord Alan Dorward, then Justiciary of the whole of Scotland, wished to gird Alexander with the sword of knighthood on that day. While they were arguing, the lord Walter Comyn, Earl of Menteith, a man of foresight and shrewdness in counsel, answered and said, that he had seen a King consecrated who was not yet a knight, and had many a time heard of Kings being consecrated who were not knights; and he went on to say that a country without a King was, beyond a doubt, like a ship amid the waves of the sea without rower or steersman. For he had always loved King Alexander, of pious memory, now deceased, and this boy also for his father's sake. So he moved that this boy be raised to the throne as quickly as possible, for it is always hurtful to put off what may be done at once; and by his advice, the said Bishops and Abbot, as well as the nobles, and the whole clergy and people, with one voice, gave their consent and assent to his being set up as King.

And it came to pass that when this same Earl, Walter Comyn, and all the clergy heard this, they joined unto them some Earls,—namely, the lord Malcolm, Earl of Fife, and the lord Malise, Earl of Strathearn—and a great many other nobles, and led Alexander, soon to be their King, up to the cross which stands in the graveyard, at the east end of the church. There they set him on the royal throne, which was decked with silk cloths inwoven with gold; and the Bishop of Saint Andrews, assisted by the rest, consecrated him King, as was meet. So the King sat down upon the royal throne—that is, the stone—while the Earls and other nobles, on bended knee, strewed their garments under his feet before the stone. Now, this stone is reverently kept in that same monastery for the consecration of the Kings of Albania;[17] and no King was ever wont to reign in Scotland, unless he had first, on receiving the name of King, sat upon this stone at Scone, which, by the Kings of old, had been appointed the capital of Albania.

[16] An unlucky day. Ill-luck was attributed to certain days of the year by Egyptian astrologers.

[17] Scotland north of the Forth, nominally united under Kenneth MacAlpin about 844 A.D.

THE MISDEEDS OF THE SENESCHAL OF GASCONY (1253).

Source.—Chronicon Thomæ Wykes, pp. 104-106. (Annales Monastici, vol. iv.—Rolls Series.)

In the same year, about the Festival of the Assumption of the Blessed Mary (August 15), King Henry crossed into Gascony with a large army, having at the general desire entrusted the guardianship of his whole kingdom of England to his brother Richard, Earl of Cornwall, and Walter de Gray, Archbishop of York. The cause of his journey was as follows: Certain of the chief men belonging to the Duchy of Gascony had come to the King in England with fierce complaints and denunciations against Simon de Montfort, Earl of Leicester, who had been Seneschal of Gascony, saying that he was intolerably oppressing the nobles and people of the said province by undue extortions, and had applied the revenues and proceeds which flowed into the royal treasury, not to the King's uses, but to his own. Henry, in great wrath thereat, dismissed the Earl from the administratorship of the Duchy; whereupon he, in revenge for his deposition, handed over to be held by capital enemies of the lord King three very famous and strongly-fortified castles, in which clearly lay the whole strength of the province, to wit, the castles of Fronsac, Renauges, and La Réole, with the neighbouring towns and boroughs, the city of Bordeaux alone preserving a lukewarm adherence to the King. The treacherous occupants of these castles oppressed the nobles and people more severely than ever, introduced a garrison to fortify their castles, and prepared to defend themselves by warlike means; nor would they allow any one appointed by the King to carry on the administration of the Duchy. Such being the state of affairs, the King, embarking at Portsmouth, committed himself to the deep, and, after a prosperous voyage, landed at Bordeaux; then, relying on the assistance of the people of the country and the soldiers whom he had brought with him, he laid siege to the castles so deceitfully occupied, assaulted them with engines of war, captured and held them; thereafter he quieted the whole province, appointing the lord Stephen Longsword, a man of great vigour, Seneschal of all Gascony. But the Earl of Leicester, though sorely offended, concealed the hatred which had filled him since the time of his dismissal, and awaited in the kingdom of France the opportunity of taking revenge on his deposers by some deep-laid scheme.

IRELAND GRANTED TO THE LORD EDWARD (1254).

Source.—Historical and Municipal Documents (Ireland), 1172-1320, p. 135. (Rolls Series.)

The King to the archbishops, etc.

Know that we have granted, and by this our present charter confirmed, to our beloved son, Edward, the cities of Dublin and Limerick, with the counties and everything pertaining to them, and also the city and castle of Athlone, with everything pertaining to it, in Ireland; which cities we had retained for our own use in a former charter of ours, containing a gift of the land of Ireland, which we caused to be granted to the said Edward.

They are to be held and retained by the same Edward and his heirs, the Kings of England, for ever; so that the land of Ireland shall never be separated from the crown of England, and that none other save Edward himself and his heirs, the Kings of England, shall be able to claim or hold any right to the aforesaid land of Ireland.

We wish, further, that the allegiance of the land remain to us for our lifetime, together with all the dues and wardships of cathedral churches and abbeys in Ireland, and likewise the right of election.

Wherefore we wish and firmly enjoin that the aforesaid Edward and his heirs, the Kings of England, do have and hold the whole land of Ireland for ever; provided that the land of Ireland be never separated from the crown of England, as aforesaid.

Given under our hand, at St. Mary Cray, on the twentieth day of July.

THE SICILIAN CROWN (1254-1257).

Source.—Matthew Paris, Chronica Majora, vol. iii., pp. 89, 137, 225. (Bohn's Libraries.)

(The Pope, acting through his emissary, Master Albert, had previously offered the Sicilian crown to Richard, brother of King Henry.)

A.D. 1254. About this time, Master Albert returned to the Court of Rome, bringing word to the Pope that he could in no way influence Earl Richard to accept the kingdom of Sicily and Apulia.... Then the Pope sent messengers privately to the King of England to work upon his simplicity, (knowing that he was always easy of belief and prone to his own loss), and offered to give him the kingdom of Sicily and Apulia, and to render him such assistance in getting possession of the same, as he could without doing any injury to himself.... The King, however, was so exhilarated at the Pope's empty promise, and his heart was so puffed up with empty joy, that his exultation showed itself in his voice, gesture, and laugh, and he openly called his son Edmund "King of Sicily," believing the possession of that kingdom to be an accomplished fact. The Pope's messenger whispered in his ear not to divulge this secret, lest it should come to the knowledge of his friends, who were aware of the wiles of the Roman Court, and that he might thus be put on his guard. The King then sent to the Pope all the money he could draw from his treasury or the exchequer, as well as whatever he could scrape from the Jews, or extort by means of his Circuit Justiciaries, for the purpose of making war against Conrad, and subjugating the Sicilians and Apulians.... The Pope, relying on the abundance of his wealth, was raised to a state of confidence; he took an immense army of mercenaries into his pay, entrusted it to the command of Cardinal Octavian, and lavishly distributed money among the soldiers, sending word to the King of England, when it failed him, that he wanted money. The latter, obeying the instincts of the devil and of avarice, wrote in reply to the Pope, and sent him promissory notes, sealed with the royal seal, authorising him to borrow money enough, and in abundance, from the Italian merchants, and recommended him not to be afraid of the quantity of money required or the high amount of interest, for that he would acquit him of all the debt, and bound himself so to do under penalty of disinheritance. The Pope agreed to all this and accepted his order.... A large host, therefore, flocked together, for the sake of the Pope's pay, composed of low and ignoble Italians, idle and unwarlike creatures, devoid of good faith, who looked not to the advantage of the King of England or of the Pope, but were only bent on gorging the Pope's money, as the sequel of the affair showed to be the case....

[In spite of the death of Conrad, King of Sicily, the Pope's army was cut to pieces, without having effected anything.]

A.D. 1255. After the Feast of S. Luke, a great number of nobles assembled together, having been summoned by royal warrant. For the Bishop of Romagna had come to the King in the Pope's name, in the stead of His Holiness, bringing with him a ring which he gave to the King's son Edmund, thus solemnly investing him with the kingdoms of Sicily and Apulia. The King's heart was now elated with pride and full of exultation, as though he had already received the homage of all the Sicilians and Apulians, as if he were already master of their cities and castles, and his son Edmund were already crowned King; in fact, he in public called his son Edmund, "King of Sicily." The aforesaid Bishop, as was believed, did not know that the Pope's expeditionary army was destroyed, that the King of England's money was entirely spent, and, moreover, that he was dreadfully burdened with debts; and if he did know, he cunningly concealed his knowledge of it, that he might not lose the presents prepared for him. The fact was indeed unknown to the King and the nobles, and the Bishop returned home, loaded with rich presents, before the real state of the case was known in England....

A.D. 1257. At Mid-Lent of this same year, a great Parliament was held ... and before the aforesaid Parliament broke up, the King brought his son Edmund, dressed in the Apulian fashion, before the assembly, ... and he said that, by the advice and goodwill of the Pope and the English Church, he had, for the sake of obtaining the kingdom of Sicily, bound himself under penalty of losing his kingdom to the payment of a hundred and forty thousand marks, exclusive of interest, which daily increased, although without being apparent. Also that he had obtained, for five ensuing years, the tithes to be levied from all the clergy in general, that is to say, from all their benefices, which were to be computed according to the new mode of taxation, without deducting any expenses save those which were incurred necessarily; also the profits of all ecclesiastical benefices vacated during the first year, and till the completion of the five years. This speech made the ears of all tingle, and struck fear to their hearts, especially as they knew that this tyranny took its rise from the Pope. Although they set forth excuses and asked for time to be allowed them, they could not obtain that favour, and were at length compelled to give a promise of relieving the King's pressing necessities, on the condition, however, that he would from that time forth observe inviolably the Great Charter, which he had so often promised to do, and which had been so often bought and rebought by them; and that he would refrain from injuring them and impoverishing them on so many specious pretexts. On these conditions they promised the King fifty-two thousand marks, though to the irreparable injury of the English Church; yet the King is said not to have accepted such a rich gift even as this.

THE EXPULSION OF THE POITEVINS (1258).

Source.—Annals of Waverley, pp. 349-350. (Annales Monastici, vol. ii.—Rolls Series.)

For some years England had been thronged with such a multitude of foreigners of different nations, on whom had been showered so many revenues, lands, estates, and other possessions, that they held the English in the greatest contempt, as inferior beings. It was said by some, who knew their secrets, that, if their power continued to increase, they would remove the nobles of England by poison, deprive King Henry of his kingdom, appoint in his place someone else at their own pleasure, and so in the end bring all England under their sway for ever. Further, the four brothers of the lord the King, Aylmer, Bishop-elect of Winchester, William, Earl of Valence, Guido, and Godfrey, raised as they were above the other aliens in dignities and riches, raged against the English in their intolerable arrogance, and loaded them with many insults and affronts; nor did anyone dare to oppose their presumptuous deeds for fear of the King. And they were not the only guilty ones, but—a yet greater matter for sorrow—Englishmen rose against Englishmen, majors against minors, all aflame with the lust of gain, and by means of pleas and amercements, talliages,[18] exactions, and divers other abuses, strove to take from each man what was his own. Old laws and customs were either broken through or utterly destroyed and brought to nought; every tyrant's will was a law unto himself, and except by a money payment could no man procure a right judgment. It is not within the power of anyone to recount all the evil doings which in those days took place in England. At length in this year the Earls and Barons, Archbishops and Bishops, and other nobles of England, as though aroused from sleep by a divine touch, seeing the miserable state of the kingdom, banded themselves together, and boldly assumed the strength and courage of a lion which fears the attack of no one. First of all, they expelled from England by force the aforementioned brothers of the King, together with many other aliens, and then began diligently to renew and amend the old laws and customs. And lest anyone should presume rashly to violate these customs in the future, they drew them up in the manner of a charter, sealed, by the King's permission, with his own royal seal.

[18] Taxes to which the demesne lands of the crown and all royal towns were subject.

THE KING CONSENTS TO THE ELECTION OF THE TWENTY-FOUR (1258).

Source.—Rymer's Fœdera, vol. i., p. 371.

The King to all, etc., greeting:—

Know that we have granted to the nobles and magnates of our kingdom, on oath administered to us by Robert de Walerand, that the state of the kingdom shall be rectified and reformed as shall seem best for the honour of God, our own faith, and the general good of our realm, by twelve faithful men chosen from our council, and twelve chosen from the party of the Barons themselves, who shall meet at Oxford within one month after the coming Festival of Pentecost. And should, by any chance, any of those chosen from our party be absent, those who are present may substitute others in their place; similarly in the case of those absent from the party of the Barons. And we shall observe inviolably whatsoever shall be ordained by the twenty-four chosen from both sides and put under an oath for this special purpose, or by the greater part of them; and we wish and strictly enjoin that their decisions be observed inviolably by all. And we shall, without causing any hindrance, carry out and render effective whatever measures of security they, or the greater part of them, shall ordain for the observance of these provisions. We bear witness, further, that Edward, our eldest son, having taken an oath on his body, has granted by his letters that, so far as in him lies, he will faithfully and inviolably observe and cause to be for ever observed everything above set down and conceded. The aforesaid Earls and Barons also promised that, when the business above-mentioned has been completed, they will strive in all good faith to secure the granting to us of a general aid by the commonalty of the realm.

Given at Westminster on the second day of May.

THE PROVISIONS OF OXFORD (1258).

Source.—Annals of Burton, pp. 446-453. (Annales Monastici, vol. i.—Rolls Series.)

It is provided that in every county there be elected four discreet and lawful knights who shall meet, on the days when the county court is accustomed to be held, to hear all complaints of transgressions and injuries inflicted on anyone by sheriffs, bailiffs, or other officials, and to make attachments in connection with the said complaints up to the day of the arrival of the Chief Justiciar in the district; they shall always attach sufficient pledges on behalf of the plaintiff about the defendant and on behalf of the defendant about the plaintiff, to come and fulfil the law before the aforesaid Justiciar on his arrival. And the aforesaid four knights shall cause all the said complaints with their attachments to be enrolled, duly and in order, those from each hundred separately and by themselves, so that the aforementioned Justiciar may, on his arrival, hear and determine the above-mentioned complaints singly from every hundred. And they shall order the sheriff to cause all the bailiffs and hundredmen to be present before the Justiciar on his arrival on the day and at the place which he shall make known to them; and every hundredman shall cause to appear all the plaintiffs and defendants of his hundred, in order, according as the Justiciar decides to hear the pleas from that hundred; and with them, as many and such knights and other free and lawful men as may be best fitting in order to ascertain the truth, provided that all the men of a hundred be not disturbed at the same time, but only those come whose cases may be heard and determined on the one day.

It is further ordained that no knight of the aforesaid counties be excused from serving on juries and assizes on account of any royal charter of acquittance, or be released from observance of this provision made for the common good of the whole kingdom.

(Here follow the names of the twenty-four.)

The oath which the commonalty of England swore at Oxford:

We, so and so, make known to all men, that we have sworn on the Holy Gospels and by our oath have bound ourselves together, and we promise in good faith, each one of us and all together, to aid one another, both ourselves and those belonging to us against all men, doing right, and taking nothing that we cannot take without doing hurt, saving our faith to the King and to the crown. And we promise, by the same oath, that no one of us will take anything, either land or movables, by which this oath may be disturbed or in any way impaired. And should any go against this, we will hold him a mortal enemy.

This is the oath of the four-and-twenty:

Each one swore on the Holy Gospels, that, looking to the honour of God, and the faith of the King, and the good of the realm, he would ordain and treat with the aforesaid sworn men regarding the reformation and the amendment of the state of the kingdom; and that neither for gift, nor promise, nor love, nor hate, nor fear of anyone, nor gain, nor loss, would he cease loyally to act according to the tenor of the letter, which the King and his son had granted for this purpose.

The oath which the Chief Justice of England swore:

He swears that he will perform well and lawfully, so far as lies in his power, whatever duties belong of right to the Chief Justice, toward all men, with a view to the profit of the King and kingdom, in accordance with the provision made and to be made by the twenty-and-four, and by the counsel of the King and nobles of the land, who will swear in these things to aid and support him.

The oath of the Chancellor of England:

That he will seal no writs, saving writs of course, except by command of the King and those of his council who shall be present; and that he will seal no gift of a great wardship, or of escheats, without the consent of the Great Council, or the majority thereof; and that he will seal nothing which is contrary to the provision made and to be made by the twenty-and-four or the greater part of them. And that he will take no fee greater than what is given to others; and he shall be given a companion in the form which the council shall provide.

The oath which the guardians of the castles took:

That they will keep the King's castles loyally and in good faith for the use of the King and his heirs; and that they will give them up to the King and his heirs and to no other, and according to his council and in no other manner, that is to say by honest men of the land elected to his council, or by the greater part thereof. And this form by writ lasts for twelve years. And thereafter there shall be no constraint in this ordinance or in this oath, to prevent them freely giving them up to the King or his heirs.

(Then follow the names of the King's council, of the twelve, and of the twenty-four.)

Concerning the state of Holy Church:

Be it remembered that the state of Holy Church shall be amended by the twenty-and-four chosen to reform the state of the kingdom of England, when they shall have time and opportunity, in accordance with the power granted them for this purpose by the letter of the King of England.

Concerning the Chief Justice:

Either one or two justices shall be appointed; what power they shall have is to be determined on; they shall hold office only for a year. And at the end of the year they shall answer for their term of office before the King and his council and their successors.

Concerning the Treasurer and the Escheator:

Similarly concerning the Treasurer. He shall render account at the end of the year. And other good men shall be placed at the exchequer as the twenty-four shall ordain. And there, and nowhere else, shall come all the revenues of the land; and what shall seem to them to require amendment shall be amended.

Concerning the Chancellor:

Similarly with regard to the Chancellor. He shall answer for his term of office at the end of the year; and he shall seal nothing out of course at the desire of the King alone, but at the command of the council which shall be around the King.

Concerning the power of the Justice and the bailiffs:

The Chief Justice has power to amend the wrongs done by all other justices and bailiffs, counts, barons, and all other men, according to the law and justice of the land. And writs shall be pleaded according to the law of the land and in the proper places. And the Justice shall take no presents except of beer, and wine, and such things, that is to say, meat and drink, such as have been accustomed to be brought to the tables of the chief men for the day. This shall be understood to apply also to all the councillors of the King and all his bailiffs. And no bailiff by occasion of any plea, or of his office, shall take any fee in his own hand, or by the hand of another, in any manner. If he be convicted, he shall be punished, and he that gives likewise; and if it be possible, let the King give so much to his justice and his servants that they have no need to take anything from anyone.

Concerning sheriffs:

There shall be appointed as sheriffs, loyal and honest men, who are landholders; so that in each county there shall be a vavasour[19] of the same county as sheriff, who shall treat the people of the county well, loyally, and rightly. And he shall take no fee, and shall not be sheriff for more than a year at a time; and he shall render his accounts to the exchequer, and answer for his term of office. And the King shall grant to him out of his own,[20] according to the amount of revenue he collects, sufficient to enable him to guard the county rightfully. And he shall take no fee, neither he nor his bailiffs. And if they be convicted, they shall be punished.

Be it remembered that such amendment is to be applied to the Jewry, and to the guardians of the Jewry, that the oath to them may be observed.

Concerning escheators:

Good escheators shall be appointed. And they shall touch none of the goods of the dead, of such lands as ought to be in the hand of the King. But if debts be due to the King, the escheators shall have free administration of the goods, until they have carried out the commands of the King. And this shall be done according to the form of the Charter of Liberty. They shall enquire concerning the wrongs that escheators have done in aforetime, and amends shall be made. And they shall make no talliage or other exaction except as provided by the Charter of Liberty.

The Charter of Liberty shall be firmly observed.

Concerning the Exchange of London:

Be it remembered to amend the Exchange of London, and the City of London, and all other cities of the King, which have suffered waste and destruction by talliages and other oppressions.

Concerning the place of reception of the King and Queen:

Be it remembered to amend the place of reception of the King and Queen.

Concerning the Parliaments, how many shall be held in each year, and in what manner:

Let it be remembered that the twenty-four have ordained that three Parliaments shall be held each year, the first a week after Michaelmas, the second on the day after Candlemas, and the third on the first day of June, that is to say, three weeks before Midsummer's Day. To these three Parliaments shall come the elected councillors of the King, even if they be not sent for to review the state of the land and to treat of the common needs of the kingdom and the King. And at other times, when need be, they shall meet on the command of the King.

Let it be remembered that the commonalty shall elect twelve honest men, who shall come to the Parliaments, and at other needful times, when the King and his council shall send for them to treat of the needs of King and kingdom. And the commonalty shall treat as established whatsoever these twelve shall ordain, and this shall be done to avoid expense to the commonalty.

Fifteen shall be named as the King's council by the following four, to wit—the Earl Marshal, the Earl of Warwick, Hugh Bigot, and John Mansel, who are elected by the twenty-four to name the above-mentioned fifteen. And their appointment shall be confirmed by the twenty-four or the greater part of them. And they shall have power to advise the King in good faith concerning the government of the kingdom and all matters pertaining to King and kingdom; and to amend and put to rights all things which they shall see require redress and amendment. And they shall have control over the Chief Justice, and over all other men. And should they not all be able to be present, what the majority ordains shall be settled and established.

(Then follow the names of the principal castles of the King and of their custodians.)

[19] A vassal, holding not immediately from the Sovereign, but from some great lord.

[20] The hereditary revenue of the crown, as distinct from taxation.

HENRY REPUDIATES THE PROVISIONS OF OXFORD (1261).

Source.—Matthew of Westminster, vol. ii., pp. 391-392. (Bohn's Libraries.)

About the same time, in February, the lord the King of England, who, during his whole reign, had been considered extravagantly liberal towards foreigners, having now taken thought with himself secretly, that from being subjected to the provisions made by the Barons he had been, contrary to his customs, forced to stay his hand, was greatly grieved at being forced to adhere to their guardianship and arrangements, however useful they might be, and determined, with a resolute heart, to alter them. Therefore, having convoked his nobles, he said to them: "All of you laboured perseveringly on behalf of the general advantage and benefit (as you asserted) of the King, and for the sake of increasing my treasures, and diminishing my debts; and you unanimously agreed to a promise which was to be observed upon oath, to the observance of which you also bound me and my son by a similar oath. But now I have experienced beyond a doubt that you are desirous not so much of the advantage of the King and of his kingdom as of your own, and that you are altogether receding from your arrangements, and that you have reduced me not as your lord, but as your servant under your authority. Moreover, my treasury is exhausted to an unusual degree; my debt increases in every direction, and the liberality and power of the King is almost overthrown and put down. On which account I desire you not to wonder if I do not walk any more by your counsel, but leave you to yourselves for the future, and allow myself to seek a remedy for the existing state of affairs."

And when he had said this, having sent ministers to Rome to procure absolution, the King wrote a special letter to the King of France, and to his son Edward, entreating them to furnish him with assistance. And the King of France promised him a large army, which he would support at his own expense for seven years, if it should be necessary; and Edward exerted himself, as it was said, in collecting forces of every description, endeavouring to release Henry, who was no longer a youth, but a veteran, from the confinement in which he was kept, and to make him master of his kingdom, as he had been used to be. In the meantime, the King, having neglected the statute made by his nobles, and being deceived by flattering counsels, entered the Tower of London, and having forced open the bolts, seized the treasure which was deposited there, and spent and dissipated it. Moreover, he hired workmen, and caused the Tower to be strengthened in every part, and he ordered the whole City of London to have its locks and barriers strengthened, and to be fortified all round. And having convoked all the citizens of twelve years old and upwards, he caused them all to swear to maintain their fidelity to him, the crier making proclamation that all who were willing to serve the King should come to receive pay from him. And when they heard this, the nobles flocked in from all quarters with their forces, encamping without the walls, since all entertainment within was entirely denied to them. And so a deadly war was expected on every side, which, indeed, had never been so near in past years.

THE QUEEN INSULTED BY THE LONDONERS (1263).

Source.—William Rishanger's Chronicle, p. 18. (Rolls Series).

Meanwhile, Edward, the King's son, arrived from across the seas, and garrisoned Windsor Castle with an armed band of aliens, whom he had brought with him a short time before. The King, however, fearing to be imprisoned in the Tower by the army of the Barons, agreed while there was yet time, through the mediation of timorous men, to the conditions of peace proposed by the Barons, and promised to observe the Provisions of Oxford. But the Queen, impelled by woman's malice, opposed the Barons as far as she could. Consequently, when she had embarked in a boat on the Thames for the purpose of proceeding by water to the castle at Windsor, a mob of townspeople gathered at the bridge under which she had to pass, loaded her with abuse and execrations, and, by throwing stones and mud, compelled her to return to the Tower.

THE BATTLE OF LARGS (1263).

Source.—Androw of Wyntoun's Orygynale Cronykil of Scotland, book vii., ll. 3267-3306.

A thowsand twa hundyr sexty and thre

Yheris efftyr the Natyvyté,

Haco, Kyng than off Norway,

Come wyth hys ost and gret array

In Scotland on the West Se.

In Cwnyngame[21] at the Largis he

Arryẅyd wyth a gret multitud

Off schyppys wyth topcastellys gud.

And thare be a tempest fell

Off gret weddrys scharpe and snell

Off fors thai behoẅyd to tak

Land, and thame for battayle make:

And offt syne[22], as thai mycht wyn

Thare schyppys, thai wald enter in,

And ordanyd thame wyth dilygens

In thare schyppys to mak defens.

The Kyng Alysandyre off Scotland

Come on thame than wyth stalwart hand,

And thame assaylyd rycht stowtly:

Thai thame defendyd rycht manlyly.

A Scottis sqwyare off gud fame,

Perys off Curry cald be name.

Amang the rapys[23] wes all to rent

Off tha schyppys in a moment.

And mony wes slayne that ilk tyde

Off Scottis and Norways on ilke syde.

Thare thai fechtand war sa fast,

The Kyng off Norway at the last

And hys men fer revyd[24] sare,

That evyre thai arryẅyd thare:

For off hys schyppys in the sé

Ware mony drownyd; and thare menyhe

Ware sa sted in gret peryle.

The Kyng hymself into that qwhylle

Wytht hys naẅyn[25], that sawffyd was,

Wychtly wan[26] owt off the pres,

And tuk the se hamwart the way,

Thare trad[27] haldand till Orknay.

Thare than tuk land Haco thar Kyng,

And in gret seknes mad endyng.

[21] Cunningham, one of the old districts of Ayrshire.

[22] Afterwards.

[23] Ropes.

[24] Sorrowed.

[25] Ships.

[26] Cleverly won.

[27] Course.

THE MISE OF AMIENS (1264).

Source.—Rymer's Fœdera, vol. i., pp. 433-434.

(This document is drawn up in the name of Louis IX., King of France. After a recapitulation of the letters of appeal sent to him by the King and Barons of England, he continues):

The aforesaid King of England on the one side, and the above-mentioned Barons on the other, have appealed to us concerning all the disputes between them, ... and have promised by an oath on the Holy Gospels that they will obey in all good faith whatever decision we decree and ordain regarding these disputes or some of them.... Therefore, having caused the said King in person, and certain of the Barons in person, and others by proxy, to appear before us, and having perceived that the provisions, ordinances, and statutes of Oxford, and the obligations resulting from them and brought about by them, have been of exceeding great hurt to the King's rights and honour, and have occasioned disturbances in the kingdom, depression and damage to the Church, and much loss to other persons—laymen and churchmen, natives and aliens—in the kingdom; believing, also, that even more serious results may reasonably be feared in the future; and bearing in mind, especially, that the lord Pope has already by his letters declared them null and void; in the name of the Father, the Son, and the Holy Ghost, by our royal command and ordinance we declare null and void the aforesaid provisions, ordinances, and statutes—by whatever name they may be called—and whatever obligations result from them, or are occasioned by them.

We declare further, that, by virtue of the said provisions, or obligations, or ordinances, or of any power conceded in connection with them by the King, no one is to make new statutes, or to hold to or observe those already made, and on account of non-observance of the aforesaid statutes no one shall be deemed, capitally or otherwise, the enemy of another, or shall undergo any punishment on this account.

We decree, also, that all letters resulting from the aforesaid provisions shall be null and void, and shall be restored to the King by the Barons.

In addition, we declare and ordain that all castles which were handed over as a pledge for the carrying out of the provisions, or because of them, shall be freely restored by the said Barons to the King, to be held by the King as he held them before the time of the aforesaid provisions.

Further, that the aforesaid King may, freely and of his own will, elect, dismiss, and remove from office, the Chief Justice, the Chancellor, the Treasurer, counsellors, lesser justices, sheriffs, and all other officials and servants of his kingdom and household, as he did and was allowed to do before the time of the aforesaid provisions.

Further, we cancel and annul the statute which provides that for the future the kingdom of England shall be governed by native-born men, and that aliens shall leave the country not to return, except those whose continued residence is approved by the commonalty: we ordain that aliens may freely dwell in the said kingdom; and that the King may freely call whomsoever he pleases, both aliens and natives, to his council, even as he could before the aforesaid time.

We declare and ordain, also, that the said King shall have full power to govern freely in his kingdom and its dependencies, and shall be in the state and in the enjoyment of plenary power, in and through everything, even as he was before the aforesaid time.

THE BATTLE OF LEWES (1264).

Source.—Continuation of Matthew Paris (attributed to William Rishanger), vol. iii., pp. 347-349. (Bohn's Libraries.)

Being then assured that a battle was imminent, the army of the Barons, before sunrise, left the village of Fletching [about six miles distant from Lewes], where a great portion of it had passed the night. Before starting on the expedition, Earl Simon conferred the honour of knighthood on Gilbert Clare. When they reached a place scarcely two miles distant from the town of Lewes, Simon with his friends ascended an eminence, and placed his car thereon in the midst of the baggage and sumpter horses. There he displayed his standard, fastening it securely to the car, and surrounded it with a large number of his soldiers. He himself with his army took possession of the ground on both sides of this place, and awaited the issue of events. In another car he had shut up four citizens of London, who had conspired to betray him a short time before, when he was passing the night at Southwark. This he did by way of precaution. He then prudently arranged his forces, and ordered his soldiers to fasten white crosses on their breasts and backs, above their armour, that they might be known by their enemies, and to show that they were fighting for justice. Early in the morning of that day the army of the Barons surprised the King's followers, who had gone out to seek food and fodder for their horses, and put a great many of them to death.

The King, being informed of the approach of the Barons, soon set himself in motion with his army, and went forward to meet them with unfurled banners, preceded by the royal ensign, which bore on it a dragon, as if announcing itself the messenger of death. His army was divided into three bodies; the first division was under the command of his eldest son Edward, accompanied by William de Valence, Earl of Pembroke, and John de Warrenne, Earl of Surrey and Sussex. The second was commanded by the King of Germany and his son Henry; whilst King Henry himself commanded the third division. The army of the Barons was in four divisions; the first of which was under the command of Henry de Montfort and the Earl of Hereford; the second under Gilbert Clare, John Fitz John, and William de Monchesnil; the third, composed of Londoners, was commanded by Nicholas Segrave; and Earl Simon and Thomas Pelvedon led the fourth division. Edward with his division rushed on the enemy with such impetuosity that he forced them to retreat, many of them—report stated the number of knights to amount to sixty—being drowned. The Londoners were soon put to flight, and Edward, who thirsted for their blood owing to the insult lately offered to his mother, pursued them for the distance of four miles, and made a dreadful slaughter of them; but, by his absence, he much weakened the King's forces. In the meantime, some of the chiefs of the King's army, seeing the Earl's standard on the hill, and thinking that the Earl himself was there, hastened thither suddenly and slew the citizens of London who were shut up in the car, not knowing that they were friendly to their cause. During all this time, however, the Earl and Gilbert Clare were by no means idle, but struck down and slew all who opposed them, directing their utmost endeavours to take the King alive; and great numbers of the King's adherents fell before them. John, Earl Warrenne, William de Valence, and Guy de Lusignan, all uterine brothers of the King, Hugh Bigod, and about three hundred armed knights, turned their backs and fled before the fierce attacks of the Barons. Richard, King of Germany, Robert Bruce, and John Comyn, who had brought a number of Scots with them, were made prisoners. King Henry, also, after having his horse killed under him, surrendered himself to Simon de Montfort, and was shortly afterwards placed in the priory under a guard. Many of the Barons of Scotland were slain on the spot on that day, and the foot-soldiers who had come with them were slaughtered in great numbers. There were, moreover, made prisoners, Humphrey de Bohun, Earl of Hereford; John Fitzallan, Earl of Arundel; William Bardolf, Robert Tateshull, Roger Somerey, Henry Percy, and Philip Basset. On the side of the King were slain the Justiciaries, William Wilton and Fulk FitzWarren, the one falling in battle, the other being drowned in the river. On the side of the Barons there fell Ralph Hornigande, a Baron, and William Blund, the Earl's standard-bearer. It was stated that the loss on both sides put together amounted to five thousand men.

Edward, on returning with his companions in arms from the slaughter of the Londoners, not knowing what had happened to his father, went round the outside of the town and reached the Castle of Lewes; but not finding his father there, he entered the priory, where he met with him and learned what had passed. The Barons, in the meantime, made an assault on the castle, but as the garrison made a vigorous defence, they withdrew; Edward, on hearing of the daring bravery of the garrison, was much inspirited, and, reassembling his troops, wished to try his fortune in another battle. The Barons, on learning his determination, sent persons to mediate for a peace, promising to come to some definite arrangement to that effect on the morrow. On the morrow, therefore, by the intervention of the Preacher and Minorite brethren, it was arranged that on the sixth day following, Edward and Henry should deliver themselves up to Earl Simon, in exchange for their fathers the Kings of England and Germany, in the hope of obtaining peace and tranquillity, on condition that due deliberation should be taken as to which of the statutes and provisions ought to be observed to benefit the kingdom, and which ought to be annulled, and that the spoil taken on both sides should be given up without any ransom. On the Saturday following the King gave permission to all who had joined his cause to return to their homes.... As for Edward, he was sent to the Castle of Wallingford for safety.

THE VIEWS OF THE KING AND OF THE BARONS CONCERNING THE GOVERNMENT OF ENGLAND (1264).

Source.—The Song of Lewes. (Political Songs of England from the Reign of John to that of Edward II., Camden Society, 1839.)

We are touching the root of the perturbation of the kingdom of which we are speaking, and of the dissension of the parties who fought the said battle. The objects at which these two parties aimed were different. The King, with his, wished thus to be free; and so (it was urged on his side) he ought to be; and he must cease to be King, deprived of the rights of a King, unless he could do whatever he pleased. It was no part of the duty of the magnates of the kingdom to determine whom he should prefer to his earldoms, or on whom he should confer the custody of castles, or whom he would have to administer justice to the people, and to be Chancellor and Treasurer of the kingdom. He would have everyone at his own will, and counsellors from whatever nation he chose, and all ministers at his own discretion; while the Barons of England are not to interfere with the King's actions, the command of the Prince having the force of law, and what he may dictate binding everybody at his pleasure. For every Earl also is thus his own master, giving to everyone of his own men both as much as he will, and to whom he will; and although he be a subject, the King permits it all. Which, if he do well, is profitable to the doer; if not, he must himself see to it; the King will not hinder him from injuring himself. Why is the Prince worse in condition, when the affairs of the Baron, the knight, and the freeman, are thus managed? Therefore they aim at making the King a slave, who wish to diminish his power, to take away his dignity of Prince; they wish by sedition to reduce captive into guardianship and subjection the royal power, and to disinherit the King, that he shall be unable to reign so fully as hitherto have done the Kings who preceded him, who were in no respect subjected to their people, but administered their own affairs at their will, and conferred what they had to confer according to their own pleasure. This is the King's argument, which has an appearance of fairness, and this is alleged in defence of the right of the kingdom.

Now let my pen turn to the other side:—let me describe the object at which the Barons aim.... The adversaries of the King are enemies who make war upon him, and counsellors who flatter the King, who seduce their Prince with deceitful words, and who lead him into error by their double tongues; these are adversaries worse than those who are perverse; it is these who pretend to be good whilst they are seducers, and procurers of their own advancement; they deceive the incautious, whom they render less on their guard by means of things that please them, whereby they are not provided against, but are considered as prudent advisers.... And if such, by their conduct, should change the state of the kingdom; if they should banish justice to put injustice in its place; if they should call in strangers and trample upon the natives; and if they should subdue the kingdom to foreigners; if they should not care for the magnates and nobles of the land, and should place contemptible persons over them; and if they should overthrow and humiliate the great; if they should pervert and turn upside down the order of things; if they should leave the measures that are best to advance those that are worst;—do not those who act thus devastate the kingdom?...