ariuing at the Port of Dam where they found the French Nauie vnorderly dispersed and without defence their forces going out to inuade the Country set vpon and vtterly defeited the same and afterward ioyning their powre with that of Ferrand draue the King of France home with great dishonour and exceeding losse King Iohn raised with this victorie and his peace with the Church sets vpon great designes taking oportunitie of this disaster of the King of France whom in reuenge of his iniurie and hope of recouering his transmarine Dominions he plots to assaile on all sides stirring vp his Nephew Otho to ayde the Earle of Flanders for an Inuasion on the East part whilst himselfe withall his powre should enter vpon the West For execution whereof first hee sends supplies of treasure to his Chieftaines in Flaunders then assembles a great Army at Portsmouth wherewith hee resolues to passe the Seas But his designe contrarie to his desire and haste came to be delayed by the withdrawing The Nobility refuse to ayde King Iohn of his Nobilitie who refused to ayde or attend him vntill hee were absolued and had confirmed vnto them their liberties wherewith much inraged seeing no other remedie he speedily sends for the Archbishop of Canterbury and the other Bishops which were yet in France promising them present restitution and satisfaction vnder the hands and seales of foure and twenty Earles and Barons vndertaking for the performance thereof according to the forme of his Charter graunted in this behalfe Pandolphus with the Bishop and the rest of the exiled Clergie forth-with come ouer and finde the King at Winchester where hee goeth forth to meere them and on his knees with teares receiues them beseeching them to haue compassion on him and the Kingdome of England Absolued he is with great penitence and compassion exprest with teares of all the beholders and sweares vpon the Euangelists to loue defend and maintaine Holy Church and the Ministers thereof against all their aduersaries to the vttermost of his powre That hee would reuoke the good Lawes of his Predecessors and especially those of King Edward abrogating such as were uniust Iudge all his subiects according to the iust iudgement of his Court That presently vpon Easter next following hee would make plenarie satisfaction of whatsoeuer had beene taken from the Church Which done he returnes to Portsmouth with intention to passe ouer into France 1214. Anno. Reg. 16. committing the gouernment of the Kingdome to Geffrey Fitz Peter and the Bishop of Winchester with charge that they should order all businesses together with the Councell of the Archbishop of Canterbury And here a numerous company of souldiers repayring to him complayned that by The Archbishop threatens to excommunicate the King their long attendance their mony was spent so that they could not follow him vnlesse they might be supplied out of his Eschequer which the king refusing to doe in a great rage with his priuate family takes ship and puts forth to the Isle of Iersey but seeing none of his Nobles or other to follow him was forced hauing lost the oportunity of the season to returne into England where he gathers an Army with intention to chastise the Lords who had thus forsaken him But the Archbishop of Canterbury followes him to Northampton Vrging that it was against his Oath taken at his absolution to proceed in that maner against any man without the iudgement of his Court. To whom the King in great passion replyed That hee would not deferre the businesse of the Kingdome for his pleasure seeing Lay iudgements appertained not vnto him and so in fury marches to Notingham The Archbishop followes him and plainely told him that vnlesse hee would desist from this businesse hee would excommunicate all such as should take armes against any before the releasing of the interdiction and would not leaue him vntill hee had obtayned a conuenient day for the Lords to come to his Court which shortly after they did and a Parliament is assembled in Pauls wherein the Archbishop of Canterbury produces a Charter of King Henry the first whereby hee graunted the ancient liberties of the Kingdome of England which had by his Predecessors beene opprest with vniust This Charter is recorded in Mat. Par. with restes of the Subscribers exactions according to the Lawes of king Edward with those emendations which his father by the Councell of his Barons did ratefie And this Charter being read before the Barons they much reioyced and swore in the presence of the Archbishop that Lagam regis Edwardi vobis reddo cum illis emcndationibus quibus pater mcus eam amendauit for these liberties they would if neede required spend their bloud And there withall concluding a confederation with the Archbishop the Parlament brake vp Shortly after dies Geffery Fitz Peter Iusticiar of England a man of a generous spirit learned in the lawes and skilfull in gouernment Who in that broken time onely held vncrased performing the part of an euen Consellour and officer betweene the King and Kingdome whom though the King most vsed he most feared and least loued as ill Princes doe their worthiest ministers whose grauity and iudgment may seeme to Vide Append. keepe them in awe And hearing of his death reioycing said now when he comes into hell let him salute the Archoishop Hubert whom assuredly he shall finde there And turning to those about him swore by the feet of God that now at length he was King and Lord of England hauing a freer power to vnty himselfe from those knots which his oath had made to this great man against his will and to break all the bands of the late concluded peace vnto which he repented to haue euer condiscended And to shew the desperate malice of this king who rather then not to haue an absolute domination ouer his people to doe what he listed would be any thing himselfe vnder any other that would but support him in his violences there is recorded an Ambassage the most base impious that euer yet was sent by any free and Christian Prince vnto Miramumalim the Moore intitled the great King of Affrica Morocco and Spaine wherein he offred to render vnto him his kingdom and to hold the same by tribute from him as his Souraigne Lord To forgoe the Christian faith which he held vayne and receiue that of Mahomet In which negotiation the Commissioners are named to be Thomas Hardington Raph Fitz Mat. Par. Nichols knights and Robert of London Clearke the manner of their accesse to this great King is related with the deliuery of their message and King Iohns Charter to that effect and how Miramumalim hauing heard at large their message and the discription both of the King and Kingdome with the nature and disposition of the people so much Miramumalim scornes the Message of K. Iohn disdayned the basenesse and impiety of the offerer as with skorne hee commanded his ministers to depart
sadde people of England tender their humble petition Beseeching him in regard of his oath made at his Coronation And by the soule of Saint Edward from whom hee had the Crowne and Kingdome vnder whose Lawes they were borne and bred That he would not adde that miserie to deliuer them vp to bee iudged by a strange Law they vnderstood not And so earnestly they wrought that hee was pleased to confirme that by his Charter which hee had twice fore-promised by his oath What were the lawes of England And gaue commaundement to his Iusticiaries to see these Lawes of Saint Edward so called not that he made them but collected them out of Merchen-Law Dane-Law and Westsex-Law To be inuiolablie obserued throughout the Kingdome And yet notwithstanding this confirmation and the Charters afterward granted by Henry the first Henry the second and King Iohn to the same effect there followed a great innouation both in the Lawes and gouernment of England So that this seemes rather done to acquiet the people with a shew of the continuation of their auncient customes and liberties then that they enioyed them in effect For the little conformitie betweene them of former times and these that followed vpon this change of State shew from what head they sprang And though there might bee some veynes issuing from former originals yet the maine streame of our Common-law with the The originall of the Common Law now vsed practise thereof flowed out of Normandie notwithstanding all obiections can bee made to the contrary For before these collections of the Confessors thère was no vniuersall Law of the Kingdome but euery seuerall Prouince held their owne Customes all the inhabitants from Humber to Scotland vsed the Danique Law Merchland the middle part of the Countrie and the State of the West Saxons had their seuerall constitutions as being seuerall Dominions And though for some few yeares there seemed to bee a reduction of the Heptarchie into a Monarchie yet held it not so long together as we may see in the succession of that broken gouernment as to settle one forme of order current ouer all but that euery Prouince according to their particular founders had their customes a part and held nothing in common besides religion and the constitutions thereof but with the vniuersalitie of Meum Tuum ordered according to the rites of nations and that ius innatum the Common-law of all the world which we see to be as vniuersall as are the cohabitations and societies of men and serues the turne to hold them together in all Countries howsoeuer they may differ in their formes So that by these passages we see what way wee came where wee are and the furthest end wee can discouer of the originall of our Common-law and to striue to looke beyond this is to looke into an vncertaine vastnesse beyond our discerning Nor can it detract from the glory of good Customes if they bring but a pedigree of 600 yeares to approue their gentilitie seeing it is the equity and not the antiquity of of lawes that makes them venerable and the integritie of the professors thereof the profession honored And it were well with mankinde if dayes brought not their corruptions and good orders were continued with that prouidence as they were instituted But this alteration of the Lawes of England bred most heauie doleances not onely in this Kings time but long after For whereas before those Lawes they had The Law of England put into a forraine Language were written in their owne tongue intelligible to all now are they translated into Latine and French and practized wholly in the Norman forme and Language thereby to draw the people of this Kingdome to learne that speech for their owne need which otherwise they would not doe And seeing a difference in tongue would continue a difference in affections all meanes was wrought to reduce it to one Idiom which yet was not in the power of the Conqueror to doe without the extirpation or ouerlaying the Land-bred people who being so far in number as they were aboue the inuadors both retaine the maine of the Language and in few yeares haue those who subdued them vndistinguishably theirs For notwithstanding the former Conquest by the Danes and now this by the Norman the solid bodie of the Kingdome still consisted of the English and the accession of strange people was but as riuers to the Ocean that changed not it but were changed into it And though the King laboured what hee could to turne all to French By enioyning their children here to vse no other Language with their Grammer in schooles to haue the Lawes practized in French all petitions and businesse of Court in French No man graced but he that spake French yet soone after his dayes all returnes naturall English againe but Law and that still held forraine and became in the end wholly to be inclosed in that language nor haue we now other marke of our subiection and inuassellage from Normandie but onely that and that still speakes French to vs in England And herewithall New Termes new Constitutions new Formes of Pleas new Offices and Courts are now introduced by the Normans a people more inured to litigation and of spirits more impatient and contentious then were the English who by reason of their continuall warre wherein Law is not borne and labour to defend the publicke were more at vnitie in their priuate and that small time of peace they had Deuotion and good fellowship entertained For their Lawes and constitutions before wee see them plaine briefe and simple without perplexities hauing neither fold nor pleite commanding not disputing Their grants and transactions as briefe and simple which shewed them a cleere-meaning people retayning still the nature of that Vide Append. plaine realnesse they brought with them vncomposed of other fashion then their own and vnasfecting imitation And for their tryals in cases criminall where manifest proofes failed they continued their antient custome held from before their Christianitie vntill this great alteration which trials they called Ordeal Or signifying Right Deale Part whereof they had these The English trials in cases criminall kinds Ordeal by fire which was for the better sort and by water for the inferiour That of Fire was to goe blindfold ouer certaine plough-shares made red hote and laide an vneuen distance one from another That of Water was either of hot or cold in the one to put their armes to the elbow in the other to bee cast headlong According to their escapes or hurts they were adiudged Such as were cast into the riuers if they sancke were held guiltlesse if not culpable as eiected by that Element These trials they called the iudgements of God and they were performed with solemne Oraisons In some cases The accused was admitted to Men of ability cleered by their oathes cleere himselfe by receiuing the Eucharist or by his owne Oath or the Oathes of two or three but this
was for especiall persons and such whose liuings were of a rate allowable thereunto the vsuall opinion perswading them that men of ability held a more regard of honesty With these they had the triall of Campefight or single combat which likewise the Lumbards originally of the same German Nation brought into Italy permitted by the Law in cases either of safetie and fame or of possessions All which trials shew them to be ignorant in any other forme of Law or to neglect it Nor would they bee induced to forgoe these Customes and determine their affaires by Imperiall or Pontificiall Constitutions no more then would the Lumbards forsake their duellary Lawes in Italy which their Princes against some of their wils were constrained to ratifie as Luytprandus their King thus ingeniously confesses Wee are vncertaine of the iudgement of God and wee haue heard many by fight to haue lost their cause without iust cause yet in respect of the custome of our Nation we cannot auoide an impious Law But all these formes of iudgements and trials had their seasons Those of Fire and Water in short time after the Conquest grew disused and in the end vtterly obrogated by the Pope as deriued The English trials from Paganisme That of combat continues longer-liued but of no ordinarie vse And all actions now both criminall and reall beganne to be wholly adiudged by the verdict of twelue men according to the custome of Normandy where the like forme is vsed and called by the name of Enquest with the same cautions for the Iurors as it is here continued to this day Although some hold opinion that this forme of triall was of vse in this Kingdome from all antiquitie and alledge an Ordinance of King Ethelred father to the Confessor willing in their Gemote or conuentions monethly held in euery Hundred twelue graue men of free condition should with the Greue the chiefe Officer amongst them sweare vpon the Euangelists to iudge euery mans cause aright But here wee see twelue men were to be assessors with the Greue to iudge and no Iurors according to this manner of triall now vsed Besides had there beene any such forme we should aswell haue heard thereof in their Lawes and practise as of those other kinds of Ordeal onely and vsually mentioned But whatsoeuer innouations were in all other things the gouernment for the peace The continuation of the Law for the peace and securitie of the Kingdome which most imported the King to looke vnto seemes to be contrnued as before and for that businesse he found here better Lawes established by the wary care of our former Kings then any hee could bring Amongst which especially was the Borough Law wherby euery free man of the Commons stood as surety for each The Borough Law of the Saxons others behauiour in this sort The kingdome was deuided into Shieres or Shares euery Shiere consisting of so many Hundreds and euery Hundred of a number of Boroughs Villages or Tythings contayning ten housholders whereof If any one should commit an vnlawfullact the other nine were to attach and bring him to reason If hee fled 31 dayes were enioysed him to appeare If in the meane time apprehended hee was made to restore the damage done otherwise the Free-boroughead to say the Tythingman was to take with him two of the same Village and out of three other Villages next ad oyning as many that is the Tythingman and two other of the principall Saxon Lawes men aud before the officers of that Hundred purge himselfe and the Village of the fact restoring Lambert the damage done with the goods of the malefactor which if they suffized not to satisfie the Free-borough or Tything must make vp the rest and besides take an oath to bee no way accessarie to the fact and to produce the Offendor if by any meanes they could recouer him or know where hee were Besides euery Lord and Maister stood Borough for all his familie whereof if any seruant were called in question the Maister was to see him answere it in the Hundred where hee was accused If he fled the Maister was to yeeld such goods as hee had to the King If himselfe were accused to bee aiding or priuie to his seruants slight hee was to cleere himselfe by fiue men otherwise to forfeit all his goods to the King and his man to bee outlawed These lincks thus intermutually fastened made so strong a chaine to hold the whole frame of the State together in peace and order as all the most pollitique regiments vpon earth all the interleagued societies of men cannot shew vs a streighter forme of combination This might make the Conqueror comming vpon a people thus Law-bound hand and foote to establish him so soone and easily as he did This Borough-law being as a Cittadell built to guard the Common-wealth comming to bee possest by a Conquering Maister was made to turne all this ordinance vpon the State and batter her selfe with her owne weapon and this Law may No popular insurrection before the Conquest be some cause we finde no popular insurrection before the Conquest For had not this people beene borne with these fetters and an idie peace but had liued loose and in action it is like they would haue done as noblie and giuen as many and as deepe wounds ere they lost their Country as euer the Brittaines did either against the Romans or the Saxons their predecessors or themselues had done against the Danes a people far more powerfull and numerous then these The Conqueror without this had not made it the worke of one day nor had Normandie euer beene able to haue yeelded those multitudes for supplies that many battailes must haue had But now First the strict executing this Law Secondly dis-wcop'ning the Commons Thirdly The meanes vsed by the Norman to establish his Conquest preuenting their night-meetings with a heauie penalty that euery man at the day closing should couer his fire and depart to his rest Fourthly erecting diuers Fortresses in sit parts of the Kingdome Fifthly collating all offices both of commaund and iudicature on those who were his made his domination such as he would haue it And where before the Bishop and the Alderman were the absolute Iudges to determine Alteration of the Gouernment all businesse in euery Shiere and the Bishop in many cases shared in the benifit of the Mulcts with the King now he confin'd the Clergie within the Prouince of their owne Ecclesiasticall iurisdiction to deale onely in businesse concerning rule of soules according to the Cannons and Lawes Episcopall And whereas the causes of the Kingdome were before determined in euery Shiere The order of deciding contrauerfies in the Saxons time and by a Law of King Edward Senior all matters in question should vpon especiall penaltie without further deferment bee finally decided in their Gemote or conuentions held monthly in euery hundred now he ordained That foure times in the yeare for
King of France who gaue him a faire entertainement in his Court Where he remained not long but that a Knight of 1093. Anno. Reg. 6. Normandy named Hachard vndertaking to put him into a Fort maugre his brother Robert within the Duchy conueyed him disguised out of the Court and wrought so as the Castle of Dampfront was deliuered vnto him whereby shortly after he got all the Countrey of Passays about it and a good part of Constantine by the secret aide of King William Richard de Riuteres and Roger de Manneuile Duke Robert leuies forces and eagerly wrought to recouer Dampfront but finding how Henry was vnderset inueighes against the perfidie of his brother of England in so much as the flame of rankor burst out againe more then euer And ouer passes King William with a great Army but rather to terrifie then do any great matter as a Prince that did more contend then warre and would be great with the sword yet seldome desired to vse it if he could get to his ends by any other meanes seeking rather to buy his peace then winne it Many skirmishes interpassed with surprisements of Castles but in the end a treaty of peace was propounded wherein to make his conditions what he would King William seemes hard to be wrought and makes the more shew of force sending ouer into England for an Army of thirty thousand men which being brought to the shore ready to be shipped an offer was made to be proclaimed by his Lieftenant that giuing ten shillings a man whosoeuer would might depart home to his dwelling Whereby was raised so much as discharged his expence and serued to see the King of France vnder-hand for his forbearing aide to Duke Robert who seeing himselfe left by the French must needes make his peace as the other would haue it Now for his affaires at home the vncertaine warres with Wales and Scotland gaue him more businesse then honour Being driuen in the one to incounter with mountaines in stead of men to the great losse and disaduantage of his people and in the other with as many necessities Wales he sought to subdue Scotland so to restraine as it might not hurt him For the last after much broyle both Kings seeming more willing to haue peace then to seeke it are brought to an enteruiew Malcolin vpon publicke faith and safe-conduit came to Glocester where vpon the haughtinesse of King William looking to be satisfied in all his demaunds and the vnyeeldingnesse of King Malcolin standing vpon his regality within his owne though content to be ordered for the confines according to the iudgement of the Primate of both Kingdomes nothing 1084. Anno. Reg. 7. was effected but a greater disdaine and rankor in Malcolin seeing himselfe dispised and scarce looked on by the King of England So that vpon his returne armed with rage he raises an Army enters Northumberland which foure times before he had depopulated and now the fifth seeking vtterly to destroy it and to haue gone farther The King of Scots his son Edward slaine causes Queene Margaret to dy with griefe Roger Houeden was with his eldest sonne Edward slaine rather by the fraude then power of Robert Mowbray Earle of that County The griefe of whose deaths gaue Margaret that blessed Queene hers After whom the State elected Dufnald brother to Malcolin and chased out all the English which attended the Queene and were harbored or preferred by Malcolin King William to set the line right and to haue a King there which should be beholding to his power aides Edgar the second sonne to Malcolin who had serued him in his wars to obtaine the Crowne due vnto him in right of succession by whose meanes Dufnald was expeld and the State receiued Edgar but killed all the aide he brought with him out of England and capitulated that he should neuer more entertaine English or Norman in his seruice This businesse setled Wales strugling for liberty and reuenge gaue new occasion of 1085. Anno. Reg. 8. worke whither he went in person with purpose to depopulate the Countrey but they retiring into the Mountaines and the Isle of Anglesey auoided the present furie But afterward Hugh Earle of Shrewsbury and Hugh Earle of Chester surprising the Isle their chiefest retreit committed there barbarous examples of cruelty by exoecations and miserable dismembring the people which immanity was there suddenly auenged on the Earle of Shrewsbury with a double death first shot into the eye and then tumbling ouer-boord into the sea to the sport and scorne of his enemy the King of Norway who either by chance or of purpose comming vpon that coast from taking in the Orchades encountred with him and that force he had at sea These were the remote businesses when a conspiracy brake out within the body of the Kingdome complotted by Robert Mowbray Earle of Northumberland William d'Ou and many others who are sayd to haue sought the destruction of the King and the aduancement of Stephen Earle of Albemare his Aunts sonne to the Crowne which gaue the King more trouble then danger for by the speedy and maine prosecution of the businesse wherein hee vsed the best strength of England it was soone ended with the confusion of the vndertakers But it wrought an ill effect in his nature by hardening the same to an extreme rigor for after the feare was past his wrath and cruelty were not but which is hideous in a Prince they grew to bee numbred amongst incurable diseases The Earle was committed to the Castle of Windsor William d' Ou at a Councell at Salisbury being ouercome in Duell the course of triall had his eyes put out and his priuie members cut off William de Alueric his Sewer a man of goodly personage and allyed vnto him was condemned to be hanged though both in his confession to Osmond the Bishop there and to all the people as hee passed to his execution hee left a cleere opinion of his innocency and the wrong hee had by the King But now whilst these fractures heere at home the vnrepairable breaches abroad were such as could giue the King no longer assurednesse of quiet then the attempters would and that all the Christian world was out either at discord amongst themselues or in faction by the schisme of the Church Pope Viban assembling a generall Councell at Cleirmont in Auergne to compose the affaires of Christendome exhorted all the Princes thereof to ioyne themselues in action for the recouery of the Holy Land out of the hands of infidels Which motion by the zealous negotiation of Peter the Hermit of Amiens tooke so generally meeting with the disposition of an actiue and religious world as turn'd all that flame which had else consumed each other at home vpon vnknowne Nations that vndid them abroad Such and so great grew the heate of this action made by the perswasion of the Iustice thereof with the state and glory it would bring on earth and the assurednesse of heauen
Kingdome where first is read the Commission of the Legatine power granted by Pope Innocent to the Bishop of Winchester who there openly vrges the indignitie offred to the Church by the imprisoning of these Bishops An act most haynous and shamefull for the King that in the peace of his Court through the instigation of euill ministers would thus lay hands vpon such men spoyle them of their estates Which was a violence against God And that seeing the King would yeeld to no admonitions hee had at length called this Councell where they were to consult what was to bee done that for his part neither the loue of the King though his brother nor the losse of his liuing or danger of his life should make him fayle in the execution of what they should decree The King standing vpon his cause sends certaine Earles to this Councell to know why he was called thither answere was made by the Legat That the King who was subiect to the faith of CHRIST ought not to take it ill if by the ministers of CHRIST hee was called to make satisfaction being conscious of such an offence as that age had not knowne that it was for times of the Gentiles for Bishops to bee imprisoned and depriued of their possessions and therefore they should tell the King his brother that if hee would voutsafe to yeeld consent to the Councell it should bee such by the helpe of God as neither the Roman Church the Court of the King of France nor the Earle Theobald brother to them both a manwise and religious should in reason dislike it that the King should doe aduisedly to render the reason of his act and vndergoe a Canonicall iudgement that hee ought in duetie to fauour the Church into whose bosome being taken hee was aduanced to the Crowne without any militarie hand With which aunswere the Earles departed attended with Alberic de Ver a man exercised in the Law and hauing related the same are returned with the Kings reply which Alberic vtters and vrges the iniuries Bishop Roger had done to the King how hee seldome The Kings Reply came to his Court that his men presuming vpon his power had offred violence to the Nephew and seruants of the Earle of Brittaine and to the seruants of Herui de Lyons a man of that Nobilitie and stoutnesse as would neuer voutsafe to come vpon any request to the late King and yet for the loue of this was desirous to see England where to haue this violence offred was an iniury to the King and dishonour to the Realme that the Bishop of Lincolne for the ancient hatred to the Earle of Brittaine was the author of his mens sedition that the Bishop of Salisbury secretly fauoured the Kings enemies and did but subtlely temporize as the King had found by diuers circumstances especially when Roger de Mortimer sent with the Kings forces in the great daunger of Bristow hee would not lodge him one night in Malmsbury that it was in euery mans mouth as soone as the Empresse came He and his Nephewes would render their Castles vnto him That he was arested not as a Bishop but a seruant to the King and one that administred his procurations and receiued his monies That the King tooke not his Castles by violence but the Bishop voluntarily rendred them to auoyd the calumnie of their tumult raysed in his Court If the King found some money in his Castles hee might lawfully seize on it in regard Roger had collected it out of the reuenues of the King his Vncle and predecessor and the Bishop willingly yeelded vp the same as well as his Castles through feare of his offences and of this wanted not witnesses of the Kings part who desired that the couenants made betweene him and the Bishop might remaine ratified Against this Bishop Roger opposes That he was neuer seruant to the King nor receiued his moneys and withall added threatnings as a man not yet broken though bent with his fortunes that if he found not iustice for his wrongs in that Councell hee would bring it to the hearing of a greater Court The Legat mildly as he did other things said That all what was spoken against the Bishops ought first to be examined in the Ecclesiasticall Councell whether they were true or no before sentence should haue beene giuen against them contrary to the Canons and therefore the King should as it is lawfull in iudiciall trials reuest the Bishops in their former Estates otherwise by the law of Nations being disseised they shall not hold their Plea After much debate the Kings cause was vpon a motion put off till the next day to the end the Archbishop of Roan an especiall instrument for the King might bee there who deliueting his opinion said That if the Bishops could rightly prooue by the Canons they ought to haue Castles they should hold them but if they could not it proceeded of great improbitie to striue to doe otherwise And be it said he their right to haue them yet in a suspected time according to the manner of other Nations all great men ought to deliuer the keyes of their Fortresses to be at the Kings pleasure who is to fight for the peace of all But it is not their right by the decree of the Canons to haue Castles and if by the Princes indulgence it bee tollerated yet in a time of necessitie they ought to deliuer the keyes The Lawier Alboric addes That it was signified to the King how the Bishops threatned and had furnished some to go to Rome against him But said he the King would haue you know that none of you presume to doe it for if any goe out of England contrarie to his will and the dignitie of the Kingdome it will be hard returning In conclusion the Councell brake vp nothing was done The Bishops durst not excommunicate the King without the Popes The Legat and Archbishops submission priuitie and besides they saw the swords to busie about them yet failed not the Legat and the Archbishop to prosecute their parts and from authority fell to prayer and at the Kings feete in his Chamber besought him that hee would pittie the Church pittie his owne soule and his fame not to suffer dissention to bee betweene the Kingdome and the Priest-hood The King returned thern faire words but held what hee had gotten Shortly after though griefe died the Bishop of Salisbary and according to the fate of ouer-minent and greedy Officers vnpittied He was a man in his latter time noted of much corruption and vnsatiable desire of hauing For whom the present King in the beginning of his reigue had done very much makingone of his Nephewes Chancellor the other Treasurer and vpon his fute gaue to himselfe the Borough of Malmesbury insomuch as the King would say to his familiars about him If this man will begge thus still I will giue him halfe the Kingdome but I will please him and first shall be weary of crauing ere
doe but so long as you shewed him fatherly Grace hee would loue you as a Father reuerence and cherish the Church as his Mother And humbly obay your sacred Decrees sauing his owne Dignity and that of his Kingdome and if of late hee hath not respected you with any reuerence the cause was that hauing with all his affection and all his powre stood to you in your necessitie hee was not answered worthily to his deserts vpon his recourse to you by his Ambassadours but in euery petition had the repulse And for hindring any which are willing to visit your Holinesse hee answeres hee will not nor hath hitherto done But for Appeales by the ancient custome of the Kingdome Hee chalenges that honour and cumber to himselfe that no Clergie man for any ciuill cause shall goe out of the Land till hee hath tried whether hee may obtaine his right by his Royall Authority and Iustice at home which if hee cannot hee may without any hinderance when hee will make his Appeale Wherein if any way hee doth preiudice Your Honour hee offers by the helpe of God to correct it as it shall bee ordred by the Councell of the whole Church of his Kingdome And for the Emperour though hee knew him a Scismatique hee neuer vnderstood hee was excommunicate But if hee bee by vs informed thereof or hath entred vnlawfull league with him or any other hee promises likewise to redresse the same by the sayd Ecclesiasticall Councell of his Kingdome And for our Father the Lord of Canterbury hee sayth that hee neuer expelled him out of his Kingdome but as hee went out of his owne accord so that at his pleasure it was free for him to returne to his Church in peace prouided that his Maiestie might bee satisfied concerning those complaints of his and haue him to obserue his Royall Dignity And if it can bee proued that any Church or Churchman hath beene opprest by the King or any of his hee is ready to make full satisfaction as shall bee thought fit by the whole Councell of the Church of his Kingdome This say they wee haue receiued in answere from our Lord the King and wish wee could haue had it fully according to your desire but these things wee thought good to notifie to your Highnesse that your Discretion may perceiue what is like to bee the conclusion of this businesse The King stands vpon the iustification of his owne cause ready to obey the Councell and iudgement of the Church of England Whereupon wee thought good to beseech your Highnesse that you would moderate for a time that zeale which by the fire of the deuine Spirit is worthily inkindled to reuenge any iniury done to the Church of God and forbeare to pronounce any sentence of interdiction or that last iudgement of abscision whereby inumerable Churches may bee miserably subuerted and both the King and an infinite number of people with him irreuocably which God forbid auerted from your obedience Then they tell him That better it were to haue a member bad then cut off abscision brought desperation a skilfull Chirurgion might recouer an infected part and how it were filter to imploy meanes to heale the wound then by cutting off a most noble part of the Church of God to bring more disturbance to the same that hath to much alreadie Though the King were stiffe they ought not dispare of the grace of God that a Kings stomacke was then to bee wonne when hee had wonne and might not blush to yeelde when hee had ouercome Patience and Meekenesse must pacifie him c. And inconclusion wee speake foolishly say they but yet withall Charitie if it come to passe that the Lord of Canterbury loose both his goods and liue besides in perpetuall exile and England which God forbid fall away from your obedience were it not better to forbeare for a time then with such zeale of seuerity to foster vp a party what if persecution cannot seperate many of vs from you yet will not there want knees to bow to Baall and receiue the Pall of Canterbury at the hands of an Idoll without choyce of religion or Iustice neither will there want suppliers of our Chayres that will obey him with all deuotion and already many deuoure these hopes wishing that scandalls may come and streight waies bee made crooked Thus much out of their letters which are the best peeces of History in the world and shew vs more of the inside of affaires then any relations else And by this wee truely see what barres kept these two mighty powers back from their wills and yet how lowde they threaten and both a feard of each other But the King of England stood safe ynough and was like to haue his businesses runne in a strong and intire course when by casting to make things safer then fast he layes open a way both to disioynt his owne power and imbroyle his people with diuision which was by the association of his sonne Henry in the gouernment an act without example in this Kingdome and strange that a Parliament an assembly of the State Prince Henry crowned King conuoked for the same businesse would in so wise times consent to communicate the Crowne and make the Common-wealth a Monster with two heads But it seemes the 1170. Anno. Reg. 16. strong desire of the King was such for the loue he bare his sonne as he would not bee denied in this motion nor hold it a sufficient Security to haue twice before caused all the Kingdome to take an Oath of Fealty vnto him to haue designed vnlesse he were Crowned King as he was with all vsuall solemnities the 14 day of Iune 1170. by Roger Archbishop of Yorke and had homage done vnto him that day by the King of Scots Dauid his brother and all the Nobility of England But now with what reseruations this was done wee are not particularly informed whether there was an equall participation of rule or onely but of Title and that the Father notwithstanding this Act was to haue the especiall manage of the Gouernment and the Sonne though a King yet a Sonne with a limited powre Howsoeuer this young King shewed shortly after That a Crowne was no State to bee made ouer in trust and layd much griefe and repentance vpon his Fathers forwardnesse What mooued the King with this precipitation to be before hand with his Graue may be deemed the iealosie he had apprehended by his Mothers example who for all the Oath of Fealtie sooften taken for her succession was yet put by it through the working of the Clergie and now considering in what termes hee stood with them and that although he had wonne some few Bishops vnto him was sure they loued him not and what they might worke with the people if himselfe should faile made him ouer doe his worke The King of France vnderstanding that his daughter was not Crowned with her husband which by reason of her tender age was deferred tooke it
and by the vniuersall Councell of the Kingdome graunted his daughter to the King of Sicile to whom shee was shortly after sent and there honourably indowed with many Cities and Castles as may appeare by the Charter of that King But the great Match that was prouided for Earle Iohn became frustrate by the Vide Append. death of Alice daughter to the Earle of Mauriana and hee is married to the daughter of William Earle of Glocester by whom hee was to haue that Earldome This William was sonne to Robert brother to Maude the Empresse The same yeare also hee marries Elionor another of his daughters to Alphonso King of Castile and takes vp the controuersie betweene him and his Vncle Sanctio King of Nauarre about the detention of certaine bordering peeces of each others Kingdome both the Kings hauing referred the businesse to his arbitration Likewise the marriage which should haue beene betweene his sonne Richard 1178. Anno. Reg. 24. and Alice daughter to the French King committed heretofore to his custodie was againe treated on and vrged hard by the Popes Legat to bee consummated vpon paine of interdiction But yet it was put off for that time and both Kings notwithstanding concluded a perpetuall League and amitie to ayde each other against all men and to bee Enemies to each others Enemies Besides they both vowed an expedition to the Holy Land in person which they liued not to performe The King of France vpon a daungerous sicknesse of his sonne Philip vowes a visitation of the Sepulcher of Thomas the Martire of Canterbury and vpon licence and safe conduct of the King of England performes the same with great deuotion and Rich presents First offering vpon his Tombe a massie Cup of Gold and after gaue and confirmed by his Charter twenty eight Tunne and a halfe of wine for the Monkes annually to bee receiued at Possi at the charge of the King of France and beside freed them from all Tolle and Custome for whatsoeuer they should buy in his Kingdome After hauing stayed there three dayes hee returnes towardes France conducted 1179. Anno. Reg. 25. by the King of England to Douer The Sonne recouers health but the Father lost his in this iourney for comming to Saint Denise hee was taken with a Palsie and liued not long after The weaknesse of his Age and disease mooued him presently to haue his sonne Philippe beeing but fifteene yeares of Age to bee 1180. Anno. Reg. 26. Crowned King in his life time which was done at Reines Anno 1179. Henry Duke of Saxonie who had married Maude daughter to King Henry was expelled his Dutchie and banished by the Emperour Frederic the third for seuen yeares for detayning the reuenues which the Archbishop of Cologne had out of Saxonie and refusing to come vnto tryall at the Imperiall Chamber according to his faith and promise made to the Emperour so that hee was driuen to come for succour with his Wife and Children to his Father in Law into England where hee remained three yeares and vpon the comming of the Archbishoppe of Cologne to visit the Sepulcher of Thomas of Canterburie meanes was wrought to restore him to his Dutchie and a motion is made of marriage for Richard the Kings sonne with the daughter of the Emperour Frederic notwithstanding the contract made with Alice daughter to the King of France long before but this last intention was made frustrate by the death of the Emperours daughter King Henry sends his sonne Iohn to reside in Ireland to the end that the Maiestie of a Court and the number of attendants which the same would draw thither might both a we and ciuilise that Countrey but hee being accompaned with many gallants young as himselfe who scorning and deriding the Irish in regard of their rude habits and fashions wrought an ill effect For it turned out three of their greatest Kings Limmeric Conact and Corke into open act of rebellion Gens enim haec sicut natio quauis barbara quanquam honorem nesciant honorari tamen supra modum affectant saith Giraldus Cambrensis Now this faire time of peace which King Henry enioyed gaue him leasure to seeke out all meanes to supply his coffers wherein hee was very vigilant and hearing of the great summes which Roger Archbishoppe of Yorke had giuen by his Testament to godly vses sends Commissioners to finde out and to seize the same to his owne vses Alledging that the Archbishop had giuen Iudgement in his life time that it was against Law any Ecclesiasticall person should dispose any thing by will vnlesse before hee The King sends after monies giuen to pious vses by Testators of the Clergie were sicke and that himselfe had done contrary to his owne Decree The Commissioners hauing found out that Hugh Bishop of Durham had receiued of the Archbishop three hundred Markes of siluer to bee bestowed in those vses demaund the same for the King The Bishop replies that hauing receiued it from the hands of the Archbishoppe hee had according to his will distributed the same amongst the Leprous Blinde and Lame in repayring Churches Bridges and Hospitalls so that who would haue it must gather it vp againe of them Which answere so displeased the King as besides the seizing vpon the Castle of Dures'm hee wrought this Bishop much vexation His meanes certaine besides the reuenue of his Demesne and the benefit of the Forests were not then great in England which caused him oftentimes in The Vacancie of Lincoln held 18 yeares to the Kings vse his necessities to bee bould with the Church and to hold their benifices vacant as hee did the Bishopricke of Lincolne eighteene yeares Hee made a new Coyne in England which was round decryed the Olde and put all the Coyners to great ransome for corrupting the olde money And besides to saue his purse in regard the continuall charge of Horse and Armour was heauie vnto him hee caused euerie mans Lands and substance to bee rated for the furnishing thereof And first beganne the same in his Dominions beyond the Seas ordayning That whosoeuer had a hundredpounds Aniouin money in goods and chattles should finde a Horse and all Militarie furniture thereunto and whosoeuer had in chattle fortie thirtie or twentie pounds Aniouin money should finde a Corslet Head-peece Launce and Sword or Bow and Arrowes with a strict prohibitition that no man should sell or pawne this Armour but bee bound to Vide Append. leaue it when hee died to his next heire And this Order afterward hee established in England 1181. Anno. Reg. 17. by consent of the State The King of France and the Earle of Flaunders by his example did the like in their Countreys Great and manifold were the expences of this mightie King in respect of his entertainments pensions and rewards hauing so wide an Estate and so many euer in his worke both of his owne and others who must alwaies be seed And besides oftentimes hee is faine to
partaker of our ioy and thought fit to signifie to your be louednesse that the Lord the Emperour hath prefixd the day thereof to be vpon Munday after the Feast of King Richards letters into England the Natiuity and the Sunday after we shall receiue theCrowne of the Kingdome of Prouince which he hath giuen vs whereof we send his Letters Patents vnto you and other our friends and well willers and doe you in the meane time as much as in you lyeth comfort those you know loue vs and desire our promotion Teste me ipso apud Spiram 22. Sep. The Emperour likewise writes to the Bishops Earles Barons and other the Subiects of England how he purposed to aduance and magnificently to honour his especiall friend their King and in this Coyne are they payd at home for what they were to lay out King Richard sends after this for his mother Queene Elionor who is still a trauailer and for the Archbishop of Rouen with many others to come vnto him about the time and businesse of his deliuerance for which There is imposed vpon euery Knights Fee twenty shillings the fourth part of all lay mens reuenues and the fourth part of all the reuenues of the Clergie with a tenth of their goods is inioyned to be payd The Chalices and treasure of all Churches are taken to make vp the summe the like is done in all his territories beyond the Seas so dearely cost the returne of this King from his Easterne voyage And this Queene Berenguela had likewise her part of affliction in this iourney for shee with her sister in law the Queene Dowager of Sicilia fearing the Emperours malice were a whole yeare in trauayling from Palestina and at length were conducted vnto Poictou The King of France hearing of this conclusion made betwixt King Richard and The King of France and Earle Iohn proffer great sums to hold King Richard prisoner the Emperour writes to the Earle Iohn how the Diuell was got loose willing him now to looke to himselfe and it vexed them exceedingly both being disappointed thus of their hopes And there vpon the Earle Iohn leauing his Castles in England well defended and incouraging his Soldiers to hold out and credit no reports departes into Normandy where he with the King of France whilest King Richard is yet in the Emperours hands solicites him with the proffer of a hundred and fifty thousand Markes or else a thousand pounds a moneth so long as he held him his prisoner But it preuayled not though it staggered the Emperour for a time who in the end shewed this letter to King Richard that he might see what care was taken for him and then deliuers him to his mother Elionor receiuing the pledges for obseruation of peace and the rest of the ransome vnpayd The Archbishop of Rouen the Bishop of Bath with the sonnes of many principall Earles and Barons And so in February King Richards returne into England one yeare and sixe weekes after his Captiuity in the fourth yeare of his raigne he returnes into England where the Bishops in whose grace especially he was had excommunicated the Earle Iohn and all his adherents and taken in his Castles of Marleborow Lancaster and a fortresse at Saint Michels mount in Cornewall defended by Henry de Pumeroy But his Castle of Nottingham though strongly assailed by Ralph Earle of Chester and the Earle Ferrers and the Castle of Tichill by the Bishop of Duresme held out for the Earle Iohn and found the King some worke to doe vpon his returne who presently without any stay otherwhere came before Nottingham Castle withall the shew of state and greatnesse he could make which yet could not so terrifie the defen dants as to make them yeeld confident either in their owne strength or in opinion that there 1193. Anno. Reg. 5. was no King euer to returne to assault them and supposiing it but a meere shew resolued to hould out for their maister which put the King to much trauayle and great expence of blood before they rendred themselues which was also vpon pardon Those of the Castell of Tichill yeelded to the Bishop of Duresme their persons and goods saued The King assembles a Parlement at Nottingham where Queene Elionor was present and sat on his right hand The first day of the Session he disserseth Girard de Canuile of A Parlament at Notingham the Castle of Lincoln and the Shriefwike of that Shire from Hugh Bardolph hee takes the Shriefwicke of Yorkshire the Castles of Yorke Scarborow and the custody of Westmerland and exposes them all to Sale The Archbishop of Yorke giues for the Shriefwicke of Yorkeshire three thousand Markes with one hundred Markes of annuall rent The second day of the Session the King requires iudgement vpon the Earle Iohn for hauing contrary to his Oath of fealty vsurped his Castles c. and contracted confederacy with the King of France against him And likewise iudgement against Hugh de Nauant Bishop of Couentry for adhering to the Earle Iohn and the Kings enemies And it was adiudged they should both appeare at a peremptory day to stand to the law Which if they did not the Earle Iohn to deserue banishment and the Bishop to vnder goe the iudgement both of the Clergie as being a Bishop and of the Layety being the Kings Shriefe But this Bishop two years after was restored to the Kings fauour and his Bishopricke for fiue thousand Markes The third day of this Session was graunted to the King of euery ploughland through out England two shillings besides the King required the third part of the seruice of euery Knights Fee for his attendance in Normandy and all the Wooll that yeare of the Monkes Cisteaux Which for that it was grieuous and insupportable vnto them they fine for money The fourth and last day was for the hearing of grieuances and accusations and so this assembly brake vp But here either to adde more Maiesty after calamity or else to nullifie his act done to the Eemperour is appointed the Kings recoronation to be solemnised Richard againe crowned at Winchester at Winchester presently vpon the Feast of Easter next following Whilest the king was in these parts William King of Scots repaires to him and required the dignities and honours his predesessors of right had in England and with all the counties of Northumberland Cumberland Westmerland and Lancaster To whom the King of England first answered that he would satisfie him by the aduice of his Councell with shortly after was assembled at Northampton where after deliberation he told him that his petition ought not in reason to be graunted at that time when almost all the Princes of France were his enemies for it would be thought rather an act of feare then any true affection and so put it off for that time with faire promises yet graunts he by the aduice and consent of the Councell vnder his Charter to William King of Scotts and his heires
blessed Martyre and glorious Bishoppe Thomas lately shedde his bloud especially since your father and brother of cleere memory late Kings of England haue in the hands of the Legats of the Apostolique Sea abiureá that impious Custome Wee if you acquite your selfe will sufficiently take care for you and yours that no preiudice shall arise vnto you hereby Dated at Lateran the 10 yeare of our Pontificat Thus we see how these two mighty powers striue to make good each other prerogatiue and defend their interests with words But when the Pope vnderstood how the King of England had proceeded against the Church of Canterbury hee sends presently his Mandate to the Bishop of London Ely and Worcester to deale with the The Popes Mandat to the B B. King by way of exhortation to reforme himselfe and if they found him still contumacious they should interdict the whole Kingdome of England If that would not correct him then himselfe would lay a seuerer hand vpon him and withall charged the Bishops suffragans of the Church of Canterbury by vertue of their obedience to receiue for father the Archbishop Stephan and to obay him withall respect The Bishops as they were inioyned repaire to the King Shew the Popes Mandat and with teares besought him as hee had God before his eyes to call home the Archbishop and the Monkes of Canterbury to their Church and voutsafe to vse them with Honour and Charity thereby to auoyde the scandall of interdiction c. The King interrupting the Bishops speech breakes out into violent rage against the Pope and the Cardinall swearing by the teeth of God That if they or any other King Iohns answere to the B B. should dare to put his Kingdome vnder interdiction he would presently send all the Clergie of England to the Pope and confiscat their goods Besides if any of Rome were found within any part of his Land he would cause their eyes to bee put out their noses cut and so sent home that by these markes they might be knowne of other Nations Charging moreouer the Bishop plresently to auoyde his presence as they would auoyde their owne daunger Of this their ill satisfaction the Bishop certifies the Pope and shortly after the 1208. Anno. Reg. 11. whole Kingdome of England is interdicted all Ecclesiasticall Sacraments cease except Confession Extreame Vnction and Baptisme of Children the dead are carried out and put into the earth without Priest or prayer The Bishops of London Ely Worcester Bathe and Hereford secretly get out of the Kingdome To answere this violence with the like the King sends presently his Shriefes and other his ministers to command all Prelates and their seruants forth-with to depart out of the Kingdome deputes the Bishopricks Abbayes and Priories into the hands of Lay men confiscating all theis reuenues but the Prelates themselues get into Monasteties and would not out except expelled by force which the officers would not doe hauing no Commission for the same but they seize on all their goods to the Kings vse Here the Monasticall Writers of that time of whom onely we haue notice of these proceedings aggrauate the rigorous course taken in this businesse telling vs that religious men of what Order soeuer found trauayling were pulled from their horses robb'd and vily treated by the Kings seruants and none to doe them Iustice. And how the seruants of a Shriefe bringing bound vnto the King a theese who had robbed and killed a Priest to know what should be done with him the King said loose him and let him goe he hath killed our enemy But howsoeuer this were there were Excesses to many committed in a time so vntied as this was The King to preuent the defection of his subiects which hee dayly doubted would The King takes pledges of his Nobles for their fidelitie follow vpon this his breach with the Church sends with a militarie powre to all the Potent men of the Kingdome to require pledges for the assurance of their fidelitie wherein many of them satisfied the Kings will sending some their sonnes some their Nephewes other the nearest of their kinne William de Brause a Noble man beeing required to deliuer his pledge his wife preuenting her husbands answere tells the Commissioners that the King should haue none of her sonnes to keepe that was so ill a keeper of his owne brothers sonne Arthur For which sodaine and intemperat speech the Baron sharply reprehending his wife before the Kings seruants told them he was ready if he had offended to satisfie the King without any pledge according to the iudgement of his Court or that of his Peeres at any time or place wheresoeuer Vpon the report of this answere the King sends downe priuely to apprehend the His crueltie she wed to the wife and children of W. Brause Baron but he hauing notice or doubting what would follow fled with his Wife and Children into Ireland where afterward this afflicted Lady to recouer mercy of the King is said to haue sent Queene Isabel foure hundred kine and a Bull which yet could not mediate her pardon or pacifie his wrath But in the end she was there taken with her 2 sons the husband escaping into France and sent prisoner to the Castle of Windsor where she with her innocent children were famished to death so deerely payed she for the offence of her rash tongue The King displeased with the Londoners remoued his Eschequer to Northampton and The Eschequer remooued to Northampton with a great army marches towards Scotland to make warre vpon that King for receiuing his enemies and ayding them against him But by mediation an accord is made in this sort that the King of Scots should pay eleuen thousand markes of siluer and deliuer vp his two daughters pledges for securing the peace Returning backe hee caused all inclosures within his forests to be layde open a worke of great griefe to his subiects whom though in nothing hee sought to satisfie yet seeks he what he may to fasten them in their obedience whereof loue and not rigour is the surest bond and takes homage of all free Tenants yea euen of Children of twelue yeares of age throughout the Kingdome Two yeares to the great distraction of the State the interdiction held when the King Iohn excommunicated Pope seeing no yeelding in the King proceeds to the excommunication of his person that extreame course of abscicion which his Predicessor Alexander better aduised forbare to take vpon suggestion of a more hainous act committed by Henry the second vpon the person of Thomas Becket and by this violence thinking to quaile the heart of a most vnmaisterable King put him into more desperate rage with the Clergie who notwithstanding the Popes mandate durst not execute the same for many dayes after And first one Geffery Archdeacon of Norwich seruing in the Kings Exchequer conferring with the rest of his assistants about this Sentence affirmed it was not safe for men beneficed to
Kingdome might seeme as if quite ouercome Most of the estates of the Earles and Barons of Scotland with their titles that had stood out were bestowed on the English Nobility to make them the more egar to maintaine A Parliament at St. Andrewes prosecute this Conquest And a Parliament is called at Saint Andrewes where all the great men of that Kingdome except onely Wallice againe sweare Fealtie to the King of England The Scottish writers here set a wide marke of Tyrannie vpon King Edward in this The Scotish writers inueigh against the tyranny of K. Ed. expedition as not content to carry away captiue all such as might seeme to haue any the least ability to stirre but also endeauours to extinguish if it were possible the very memory of the Nation abolishing all their ancient lawes traducing their Ecclesiasticall rights to the custome of England dispoiling them of their Histories their instruments of State their Antique Monuments left either by the Romanes or erected by themselues transporting all their Bookes and Bookemen into England Sending to London the Marble stone wherein as the Vulgar were perswaded the Fate of the Kingdome consisted and left them nothing that might either encite them to remember their former fortune or instruct generous spirits in the way of Vertue and worthinesse So that he bereaued them not onely of their strength but of their mindes supposing thereby to est ablish a perpetuali Domination ouer that Kingdome This iourney ended a Parliament is called at Westminster wherein the promised confirmation A Parliament at Weatminster of the Two Charters and the allowance of what disforrestation had heretofore beene made was earnestly vrged and in the end with much a doe granted with omission of the Clause Saluo Iure Coronae nostrae which the King laboured to haue inserted but the people would not indure the same the perambulation of the Forrests of England is committed to Thre Bishops Three Earles Three Barons In this little pause of Peace at home a Concord is by the mediation of Pope Boniface Reg. 28. Anno. 1301. concluded with the King of France whose sister Margeret the King of England takes to wife in the Sixty two yeare of his age somthing too late for so young a Match and the Daughter of the same King is likewise affianced to the Prince And thereupon restitution made of what had been vsurped by the French King in Gasconie Burdeaux returnes to the obedience of the King of England to the Merchants of which Citie he paid 150 Thousand poÌ„uds for his brother Edmonds expences in the late wars all is well on that side Besides the same Pope obtained permission for Iohn Baliol the captiue King of Scots to depart and liue in France vpon certaine lands he had there and vndertooke for his obseruation of the Peace and his confinement who shortly after dies hauing had little ioy of a Crowne or scarce leasure to know hee was a King The Decrying and calling in of certaine base Coine named Crocard and Pollard with the new stamping them againe yeelded something to the Kings Coffets which must be emptied in Scotland whither againe hauing beene scarce Eighteene moneths at home he makes his Third expedit but did little besides the regaining of Sterling Castle which held out Three moneths siege against all his power and Ingines reared with insinite charge and labour And in the end not wonne but yelded vp by the Defendant William Oliuer vpon promise which was not kept with him The rest of the Scots made no head but kept in the Mountaines and Fastnesses of their Country whereby the Kings Armie hauing more to doe with barrennesse then men suffered much affliction and many Horses were starued Now vpon this Peace with France the Scots being excluded and hauing none to relieue them send their lamentable complaints to Pope Boniface shewing him the afflicted state of their Countrie the vsurpation of the King of England vpon them and his most tyrannicall proceeding with them contrarie to all right and equity Protesting they neuer knew of any Soueraigntie he had ouer them but that they were a free kingdome of themselues and so at first hee dealt with them vpon the death of their last King Alexander both in the treaty of the mariage for his sonne Edward with Margaret the beire of Scotland and also after her death for the decision of the Title wherein he sought by their consents to be made Arbitror as hee was Howsoeuer afterward they were constrained to giue way to his will yet what they euer yeelded vnto was by reason they were otherwise vnable to resist c. Vpon this remonstrance of the Scots the Pope writes his powerfull letters to the King of England to forbeare any further proceeding against them Claiming withall the Soueraintgie of that Kingdome as belonging to the Church The King answeres the Popes Letters at large Alledging from all Antiquity how the direct and superiour Dominion of Scotland had euer appertained to this Crowne euen from Brute to his owne time And withall the whole Nobilitie write to the Pope auowing the same right And absolutely conclude that the King their Lord should in no sort vndergoe his Holinesse iudgement therein Neither send his Procurators as was required about that businesse whereby it might seeme that doubt were made of their Kings Title to the preiudice of the Crowne the Royall Dignity the Liberties Customes and Lawes of England which by their oath and dutie they were bound to obserue and would defend with their liues Neither would they permit nor could any such vn-usuall vn-lawfull and detrimentall proceeding Nor suffer their King if hee would to doe or any way to attempt the same And therefore besought his Holinesse to intermeddle no more in this matter These Letters subscribed with all their Vid. Apend names were dated at Lincolne where then was held the Parliament Anno Domini 1301. The Pope vpon this answere or rather hauing his hands full of other businesse stirs no more in this The King of France whom hee had excomunicated and giuen away his Kingdome to the Emperour Albert of Austrich shortly after so wrought as his Spiritualty was surprized at Anagne a City of Abruzzo whither he was retyred from the troubles of Rome and so violently treated by Sciarra Colonesse a Banditto of Rome and Nogâ—ret an Albigioye whom he had both persecuted as in extreame rage and anguish within few daies after he ends his turbulenr life And the King of England hauing been supplied with a Fifteenth vpon Confirmation Reg. 32. Anno. 1305. of the Charters againe at the Parliament at Lincolne hee makes his Fourth expedition into Scotland and as it were the Fourth Conquest thereof hauing had Foure times Homage and Fealtie sworne vnto him Which might seeme sufficient to confirme his Soueraingtie whereof now he rests secure and home returnes in triumphant manner Remoues his Eschequer from Yorke Feasts his Nobilitty at Lincolne with all
Magnificense From thence he comes to London and renders solemne thanks to God and Saint Edward for victory Which to make it seeme the more intire shortly after William Wallice that renowned Guardian of Scotland betrayed by his Companion is sent vp prisoner to London adiudged according to the Lawes of England to be drawne hangd and quarterd for his treasons committed against the King whom at his Araignement hee would not yet acknowledge to bee his King protesting neuer to haue sworne Fealty vnto him Thus suffered that worthy man for the defence of his owne in a strange Countrie and remains amongst the best examples of Fortitude Pietie in that kinde And now King Edward being as hee supposed at an end of all his businesse an vniuersall Lord at home strong in Alliance and Peace abroad beginnes to looke more seuerely to the gouernement of this Kingdome and to draw profit out of those disorders which the Licence of Warre and Trouble had bred therein And first amongst The case of Sir Nicholas Segraue other examples of his power which it seemes hee would haue equall to his will is the case of Sir Nicholas Segraue one of the greatest Knights then of the Kingdome who being accused of treason by Sir Iohn Crombwell offers to iustifie himselfe by Duell which the King refuses to grant in regard of the present Warre then in hand Whereupon Segraue without licence and contrary to the Kings prohibition leaues the Kings Campe and goes ouer Sea to fight with his enemy for which the King as against one that had not only contemned him but as much as in him lay exposed him to death and left him to his enemies would haue Iustice to proceed against him Three daies the Iudges consulted of the matter and in the end adiudged Segraue guilty of death and all his moueables and immouables forfeited to the King Notwithstanding in regard of the greatnesse of his blood they added Hee went not out of England in contempt of the King but only to bee reuenged of his accuser and therefore it was in the Kings power to shew mercy vnto him in this case The King hereto in great wrath replyed haue you been all this while consulting for this I know it is in my power to conferre grace and on whom I will to haue mercy but not the more for your sakes then for a dogge Who hath euer submitted himselfe to my grace and had repulse but let this your iudgement bee recorded and for euer held as a Law And so the Knight for example and terrour to others was committed to prison though Mat. West shortly after by the labour of many Noble men of the Kingdome Thirty of his Peers guirt with their swords standing out to be bound body for body and goods for goods to bring him forth whensoeuer hee should be called the King restored him to his estate Shortly after the King likewise sends out a new writ of inquisition called Trailbaston For Intruders on other mens lands who to oppresse the right owner would The inquisiti on of Trailbaston make ouer their lands to great men For Batterers hired to beate men For Breakers of the Peace For Rauishers Incendiaries Murthercrs Fighters False Assisors and other such Malefactors Which Inquisition was so strictly executed and such Fynes taken as it brought in exceeding much treasure to the King So did likewise another Commission the same time sent forth to examine the behauiour of Officers and Ministers of Iustice wherein many were found Delinquents and paide dearely for it Informers here as fruitfull agents for the Fiske and neuer more imployed then in shifting times were in great request Besides these meanes for treasnre aboue ground this King made some profit of certaine Siluer mynes in Deuonshire as is to be seene in Hollingshead but it seemes the charge amounting to more then the benifit they afterwards came discontinued The King likewise now beginnes to shew his resentiment of the stubborne behauiour of his Nobles towards him in times past and so terrefies Roger Bigod Earle-Marshall Reg. 33. An. 1306. as to recouer his fauour the E. made him the heire of his lands though hee had a brother liuing reseruing to himselfe a Thousand pounds pension per annum during his life Of others likewise hee got great summes for the same offence The Earle of Hereford escapes by death But the Archbishop of Canterbury whom hee accused to haue disturbed his Peace in his absence he sends ouer to Pope Clement the Fift who succeded Boniface that he might be crusht with a double power This Pope was Natiue of Burdeaux and so the more regardefull of the Kings desire and the King more confident of his fauour which to intertaine and encrease hee sends him a whole Furnish of all Vessels for his Chamber of cleane golde which great gift so wrought with the Pope as hee let loose this Lion vntied the King from the couenants made with his Subiects concerning their Charters confirmed vnto them by his three last Acts of Parlement and absolued him from his oath an Act of little Pietie in the Pope and of as little conscience in the King who as if hee should now haue no more need of his Subiects discouered with what sincerity hee granted what hee did But sodainely hereupon there fell out an occasion that brought him backe to his right Orbe againe made him see his error reforme it finding the loue of his people lawfully ordered to be that which gaue him al his power meanes he had to know how their subsistances were intermutuall The newes of a new King made crowned in Scotland was that which wrought the effect hereof Robert Bruce Earle of Carrick sonne to that Robert who was Competitor with Baliol escaping out of England becomes head to the confused body of that people which hauing beene so long without any to guide them any intire Councell scattered in power disunited in minde neuer at one together were cast into that miserable estate as they were For had they had a King as well as their enemies to haue led them held them together managed their affaires accordingly that which they did in this distraction shewes how much more they would haue done otherwise And therefore no sooner did Bruce appeare in his designe but he effected it had the Crowne and hands ready to help him at an instant and that before Rumour could get out to report any thing of it Although Iohn Comyn his Cosen german being a Titeler himselfe a man of great loue Alliance in Scotland wrote to haue bewrayed Brucos intention to the King of England in whose Court they both had liued and were his Pensioners But Bruce as great vndertakers are euer a wake and ready at all houres preuents him by speede Bruce murthers Iohn Cumyn in the Church and either to be auenged on him for his falshood or rid of him as a Competitor finding him at Dunfraies sets vpon and