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A29168 A complete history of England from the first entrance of the Romans under the conduct of Julius Cæsar unto the end of the reign of King Henry III ... : wherein is shewed the original of our English laws, the differences and disagreements between the secular and ecclesiastic powers ... and likewise an account of our foreign wars with France, the conquest of Ireland, and the actions between the English, Scots and Welsh ... : all delivered in plain matter of fact, without any reflections or remarques by Robert Brady ... Brady, Robert, 1627?-1700. 1685 (1685) Wing B4186; ESTC R19638 1,289,549 1,106

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usage of those which came from Rome which very much abated the Hatred conceived against him and by his endeavors Peter Bishop of Winchester Hubert Earl of Kent Gilbert Basset Stephen Segrave and Richard Sward were reconciled to one another as likewise many others According to the [1] fol. 445. n. 30 40. Act made in the late Assembly of the Great Men at London on St. Hilary's day The Thirtieth part that was granted to the King was to be Collected and secured in some Monasteries or Castles The King guided by Forreigners and his Liberality towards them to be disposed of towards the defraying the necessary expences of the Kingdom but the King bestowed it upon Strangers who carried it out of the Realm and was now wholly Governed again by their Counsels which much moved the Great Men and more especially [2] Ibid. n. 50. Earl Richard represents to him the state of the Realm Richard Earl of Cornwall who went to the King and represented to him the miserable state of his Realm That He had scraped from and spoiled his natural Subjects of their Money and Goods and had inconsiderately bestowed it upon Forreigners Adding that the Archbishoprick and all the Bishoprics of England had been void in his time except that of York Bath and Winchester beside what arose from Abbies Earldoms Baronies Wardships and other Escheats and yet his Treasury never increased Moreover he had lately called in the Popes Legate whereby he had so inslaved himself that He could do nothing in his Realm without his consent and was no longer [ ] fol. 446. lin 4. His principal Counsellors King but a Feudatary of the Pope His principal Counsellors and advisers in these things were John Earl of Lincoln Simon Earl of Leicester and Fryar G. a Templar all of them born within the Kingdom which rendred them the more odious to the Nobility of England Quos idcirco magis habebant Nobiles Angliae exosos Quia de Regno ipso duxerunt Originem Yet Simon Montfort Earl of Leicester and John Lascy Earl of Lincoln were of French and Norman Extraction On the 14th of September the King [4] Ibid. n. 30 40. A D. 1237. A Parlement assembled at York summoned his Great Men to meet him and the Legate at York to Treat upon some great Affairs that concerned the Kingdom Rex scripsit Magnatibus suis ut coram eo Domino Legato in exaltatione S. Crucis apud Eboracum convenirent de arduis negotiis regnum contingentibus tractaturi The King of Scots met him there to make an end of the difference that was depending between them An agreement between King Henry and the King of Scots After much consultation and debate it was agreed That the King of Scots should have Trecentas Libratas terrae a. It was but Two hundred pounds by the year as appears upon Record for Pat. 22. Hen. 3. M. 8. Thomas Muleton and others were appointed to set it out in the Counties o● Cumberland and Northumberland and such Lands upon which there was no Castles Dated March 16. 1238. Another Order to John Fitz-Philip and others to set them out Pat. 22. Hen. 3. M. 5. Dated May 29. Another Pat. 25. Hen. 3. M. 11. Dors to Hen. de Nokescn and others Dated Nov. 21. And another to the Bishop of Durham Pat. 26. Hen. 3. M. 9. to set out 200 pounds per annum in the Counties of Northumberland Cumberland and Westmerland according to an agreement made in Writing between the two Kings Dated Feb. 16. But that they were setled at last and that he was in possession of them it appears by Claus 36. Hen. 3. M. 23. Dors Dated Feb. 21. Three hundred pound Lands by the year in England for which he should do Homage to King Henry but should not build any Castles upon it and was to quit all pretences to any farther claim [5] Ibid. n. 40. The Legate signifies his desire to visit Scotland The King of Scots Answer Then the Legate signified to the King of Scots that he would go into Scotland to Treat upon Ecclesiastical Affairs there as in England to whom the King answered That He never remembred a Legate called into his Kingdom and He thanked God there was no need of any now for neither his Father nor any of his Antecessors had suffered any to enter and as long as He was Master of himself He would hinder it and withal advised him to take heed how and when he entred into his Land for he had an ungovernable people whose violence and fury would not be restrained When the Legate heard these things The Legate alters his Thoughts he altered his thoughts of seeing Scotland and kept close to the King of England whom he found very obsequious in all things In the year 1238. King Henry at Christmass kept [6] f. 465. n. 40. A. D. 1238. Simon Montfort Marrys Alienor the King 's Sister his Court at Westminster and on the day after Epiphany Simon Montfort Married Alienor the Kings Sister the Relict of William Mareschal late Earl of Pembroke Soon after the [7] f. 466. n. 20 30 40. The Pope revoketh Otto his Legat in England His own contrivance to continue his stay Pope hearing great disturbances were like to arise in England upon the calling in and continuance of his Legat there He sent his Letters to revoke him but he being very unwilling to part from England where he reaped such advantages prevailed with the King Earl Richard and all the Bishops to certify to the Pope under their Hands and Seals that his continuance here in England would be of great advantage to the King the Church and the Realm When [8] f. 467. n. 10 20 30 40 50. The Nobility Stomached Montfort's Marriage Earl Richard rebuked the King for adhering to the Counsels of Forreigners Earl Richard and the Great Men heard that Simon Montfort had privately Married the Kings Sister Alienor they very much stomached it because it was done without their privity and consent and Earl Richard went to the King and gave him hard words because he still adhered to and was guided by the Counsels of Strangers contrary both to his Promises and Oaths Gilbert Earl Mareschal and all the Earls and Barons of England seconded Earl Richard whom they looked upon to be the Man that should free the Land from Romans and other Strangers No one now stood close to the King but Hubert Earl of Kent When the Legat saw the danger the Kingdom was in He applyed himself to Earl Richard The Legat's advice to Earl Richard rejected and advised him to desist and promised him very large possessions from the King and a confirmation of them to him from the Pope To whom the Earl answered That he had nothing to do with the Estates of Lay-men or their Confirmation and might concern himself with Ecclesiastical Matters But would not have it seem strange to him that he was so
to ordinary Free-men or Free-holders clearly appears by one Article at the very close of it 1. All the foresaid Customs and Liberties which we have Granted to be holden in our Kingdom as much as it belongs to us toward our Men or Tenants of our Kingdom our Clercs and Laics shall observe as much as belongs to them toward their Men Quantum ad nos pertinet erga homines nostros tam Clerici quam Laici nostri observent erga homines suos The Persons which are expressed by homines in respect of the Clergy and Laity which could not be Subjects in general were of the same Condition with those expressed by Homines in respect of the King that is Feudal or Military Tenants and this gives us a certainty to whom the Charter was Granted If by homines it was intended that ordinary Free-men and mean Free-holders of those times were designedly to receive the benefit of this Charter yet their being homines shews their mean Condition at least and that they were under some sort of Servitude and men of no great consideration nor most certainly the Governours or Rulers of the Nation By homines in this Paragraph we may understand what the homines were that are mentioned in King Henry the Seconds Charter of Confirmation of his Grandfathers Charter above mentioned They were the same Persons his Military or Feudal Tenants or his Men Homines sui and I shall here note that the Earls and Barons by whose advice 't is said in the Preamble he granted this Charter were all Normans by Descent and several of the Bishops derived from Foreigners From the Magna Charta of King John we pass on to the Magna Charta of Henry the Third The King in the 9th year of his Reign wanted [1] Reign of Hen. 3. f. 535. A. Money for the Recovery of his own Rights and the Rights of many Earls Barons and others beyond the Sea The Kings Justiciary propounded in Parlement a fifteenth part of all the Moveables both of Church-men and Lay-men as a sufficient sum for effecting that Affair The Arch-Bishop and all the Bishops Earls and Barons Abbats and Priors deliberated a while and returned their Answer to the King That they would readily Gratifie his Request if he would Grant to them their long desired Liberties The King Complying with them Charters were forthwith written and sealed with the Kings Seal and directed into every County and Mat. Paris [2] Fol. 321. lin 27 28. says That the Charters of both Kings viz. John and Henry were the very same in Nullo dissimiles that is there was no Alteration made in this of King Henry from that of King John And in the Parlement in the 37th of Henry the Third when Excommunication and Cursing were so solemnly pronounced against the Infringers of Magna Charta 't is said The Charter which his Father King [3] Ibid. f. 867. n. 10. John had Granted was produced and read before them which the King Regranted Also in the 47th year of his Reign when the Differences between the King and Barons were Referred to the King of France 't is said That by his Award he damned the Provisions made at Oxford but did not intend thereby in the least wholly to diminish [4] Ibid. f. ●92 n. 10. King John's Charter which was Granted to the University that is the Comunity of England Hoc excepto quod antiquae Chartae Regis Johannis Angliae Universati concessae per illam sententiam in Nullo inten●ebat penitus derogare Any man would think Wendover Paris and Rishanger were competent Witnesses of the Identity of these Charters being all Historiographers to the King Successively and living in his Reign and all Monks of the Monastery of St. Albans where in the Archieves they had without doubt Copies of these Charters if not the Charters themselves under Seal They are not Entred upon Record in any Rolls in the Tower that I could find or have seen in either of these Kings Reigns but certain it is the very Charter made in this 9th year of Henry the Third dated at Westminster on the 11th of February is upon [5] Rot. Stat. ● 1.2 3. m. 40. Record by Inspeximus and was confirmed by Edward the First on the 12th day of October in the 25th year of his Reign And that it was then made besides its being upon Record it is very evident from the Christian Names of the Bishops living at that time King Henry in the 37th of his Reign about five Weeks after the Denuntiation of Excommunication and a Curse against the Infringers of this Charter as above mentioned declares to whom he Granted it saving to himself and his Heirs the Rights and Dignities of his Crown [6] Claus 37 H. 3 m. 9. Dors De Magna Charta tenenda Rex vicecom Somerset Dorset Salutem Scias quod ad instantiam Prelatorum Magnatum Regni nostri Concessimus quod Magna Charta nostra de Libertatibus Praelatis Magnatibus ac aliis liberis hominibus regni nostri confecta de c●tero rata stabilis perseveret quod omnes Articuli in eadem Carta contenti expressi inviolabiliter observentur Salvis nobis heredibus nostris Ju●ibus Dignitatibus Coronae nostrae Baronibus nostris Magnatibus aliis nobis Subjectis Libertatibus liberis suis consuetudinibus prius usitatis non expressis vel concessis in Charta predicta c. Saving to his Barons and Great Men and others his Subjects their Liberties and Free-Customs they had used not expressed and granted in this Charter And in another Record it appears who the Free-men were to whom and for whose advantage the Charter was chiefly made [7] Cart. 49 He● 3. m. 4. Ad haec de unanimi assensu voluntate nostra Edwardi filii nostri Prelatorum Comitum Baronum Communitatis Regni nostri concorditer Provisum est quod Chartae * So called in respect of Oxford Provisions which were made in the 42 d of his Reign and the Ordinances made in the 48th of his Reign in the Month of June at London referred to the beginning of this Charter Antiquae Comunium Libertatum Forestae Comunitati Regni nostri dudum concessae in quarum violatores ad petitionem nostram sententia Excommunicationis dudum lata est per sedem Apostolicam confirmata observentur in perpetuum Further of the unanimous Assent and Will of Us our Son Edward the Prelates Earls and Barons and the Comunity of our Kingdom it was Ordained That the Antient Charters of Common Liberties and of the Forests long since granted to the Comunity of our Kingdom against the Breakers of which at our Request the sentence of Excommunication hath been pronounced and confirmed by the Pope should be for ever observed Now that the Tenants in Capite or Military Tenants were the Comunity of the Kingdom I have sufficiently evinced in the Glossary to
in England the King of France recalled the young King and Earl of Flanders from the Sea Coast and with a great Army besieged Roven but prevailed little against it for the Barons and Knights of Normandy that heartily loved Henry the Father put themselves into the City and courageously defended it This news coming to King Henry the elder his Affairs in England being in a great measure setled with great speed he went to Portsmouth and on the Eighth of August being Friday landed at Barfleu in Normandy and carried with him his Brabanters and One thousand Welsh With him he also carried William King of Scots the Earls of Leycester and Chester and first imprisoned them at Caen and afterward at Falais On Sunday next he came to Roven the next Morning early he sent the Welsh beyond the River Seyn to search the Woods on that side of the Town where the King of France was with his Army they met with forty Waggons laded with Wine and Victuals from France The Welsh take a French Convoy of Wine and Victuals the Drivers and Convoy fled the Welsh pursued and took some and killed others and returning to their Prize they broke the Waggons and staved the Wine Vessels leading away the Horses The Report whereof coming to the King of France and his Army they thought of nothing but slight The King of England in the mean time cleared the Gates the Citizens had stopped up and marching out filled up the Ditch which was drawn between the King of France his Army and the City The King of France then Commanded That his Stone-Casting and other Warlike Engines should be broken and burnt He also Commanded his Soldiers to Arm. The King of England came up to his Tents with his Soldiers or Knights and their Servants and the King of France his Knights and Servants or Esquires came out of their Tents and charged furiously the English The English beat the French who took and wounded many of them and killed most of their Horses Next Morning William Arch-Bishop of Sens and Theobald Earl of Blois came to the King of England and asked Leave that the King of France might safely Retreat with his Army to Malhauny The Siege raised upon Condition he came next day to Treat with the King of England and that he should do so they both obliged themselves by their Faiths and Oaths and so the King of France departed with his Army to the place appointed and there staid but about Midnight The King of France regards not his Promise An. Do. 1174. he privately caused his Soldiers to march and they halted not until they came into France not regarding the Faith and Oaths of the Arch-Bishop or Earl by which for his advantage they had obliged themselves This Retreat of the King of France happened on the Fourteenth of August On the day following the Arch-Bishop and Earl came again [4.] Ibidem p. 58. b. p. 59. a. to King Henry the Father and propounded a * Colloquium That was the word as much used in the old Historians French and English as Concilium was for a Parliament Richard Earl of Poictou Rebels against his Father He flies before his Father and leaves his Castles and Fortresses He casts himself at his Fathers Feet and begs Pardon Conference or Treaty between him and the King of France at Gisers upon the Feast of the Nativity of the Virgin Mary or Eighth of September at which time they met but could not agree but appointed another Colloquium or Treaty on Michaelmass-day between Tours and Ambois upon Condition that the King of England the mean while might march into Poictou to subdue his Son Richard they swearing That neither the King of France nor the youg King nor any for them or on their Party should give or send him Relief When he came into Poictou his Son Richard dare not stand him but fled from every place where he thought he would come and relinquished the Castles and Fortresses he had formerly taken and when he heard the King of France and his Brother had made Truce with the King his Father and excluded him he was mightily troubled and came weeping and cast himself at his Fathers Feet and asked his Pardon He moved with Paternal Compassion received him into favour and kissed him [5.] Ibidem p. 59. a. Hoved. f. 309. a. n. 30 40 50. Who forgives him This Peace was made between his Father and him on the Twenty third of September Richard went with his Father to meet the King of France and his Brother that he might inform them what he had done On Michaelmass-day all Parties met between Tours and Ambois according to Agreement and the day following the young King and his Brothers All his Rebellious Sons submit to his Mercy according to the Advice of the King of France submitted themselves to their Fathers Mercy and made with him Articles of Peace and confirmed them with their Seals I. The young King [6.] Append. n. 35. Articles of Peace between old King Henry and his Sons Henry and his Brothers Richard and Geofry should return to the Obedience of their Father notwithstanding any Oaths of which they were to be absolved they had made between themselves or with others against him or his Men. II. That all their Men Tenents in Military Service or such as had otherwise done Homage to them and Barons such as held immediately of them their Baronies that had for their sakes receded from the Fidelity they ought to their Father were by them to be freed and acquitted from the obligation of such Oaths and Covenants they had made with them and so were to return into the Homage and Allegiance of their Lord the King III. The King his Men and Barons were to re-have and possess all their Lands Castles c. which they had fifteen days before the Rupture between Father and Sons Likewise the Kings Barons and Men that left him and followed his Sons were to have again all their Lands they had at the same time IV. The King the Father remitted all Evil Will towards his Barons and Men which left him so as for that he would do them no Evil so long as they served him faithfully as their Liege Lord. The like the young King remitted to all Clerks and Laicks which were in his Fathers Service and gave Security he would not procure their hart or damage in his whole Life V. By this Concord the King was to give his Son Henry two convenient Castles in Normandy by his own appointment and 15000 l. yearly of Anjou Money To his Son Richard two convenient Receptacles or Places of Receit in Poictou so as no damage might accrue to his Father from them and in Money half the Revenue of Poictou To his Son Geofry he gave in Money half the Fortune or Revenue he was to have by his Marriage of Earl Conans Daughter and after he was Married to her by Consent of
But first the Kings Messengers summoned them to Surrender and were answered by William de Brent Falcasius his Brother They did not look [7] Ibid n. 50. The King Summons Bedford Castle upon themselves obliged to deliver it unless commanded by their Lord Falcasius because they were not bound by Homage and fealty to the King The King being enraged at this Answer ordered the Castle to be Besieged The Answer ●o the Summons The Arch Bishop Excommunicates Falcasius and the Garison The Castle taken by Assault and threatned if taken by force not to spare one man The Arch-Bishop and Bishops Excommunicated Falcasius and all that were in Garrison in the Castle But neither the Kings threats nor Ecclesiastical Censures could prevail with them to yeild After many Assaults the Kings Soldiers entred the Castle Many were slain and wounded and the rest submitted to the Kings mercy [8] f. 321. n. 30. Twenty Four of the Garison Hanged whereof Twenty Four were Hanged for their insolence to the King after the Castle was taken Falcasius beforehand had made his Escape out of the Castle and fled into Wales but by the intercession of Alexander Bishop of Coventry [9] Ibid. n. 40. Falcasius submits to the Kings Mercy He is committed to the Custody of the Bishop of London he was introduced to the King where falling down at his feet he implored his mercy urging his Services to the King and his Father in times of Hostility Then the King by the advice of his Council having first taken from him his Castles Lands and Goods committed him to Custody of Eustachius Bishop of London till further Order and caused the * Ibid. f. 322. l. 7. Castle to be Demolished but gave the houses and ground to William de Beauchamp After this the Parliament granted to the King 2 shillings of every Plough Land and the King granted to the Great men Scutage two Marks Sterling of every Knights Fee to be levyed of their Tenants [1] f. 322. l. 3. The King Grants to the great men Scutage from their Tenents In the year 1225. King Henry [2] A Parliament at Westminster A. D. 1225. kept his Christmass at Westminster Praesentibus Clero Populo cum Magnatibus Regionis The Clergy and Laity and the Great Men of the Kingdom being present In this full Assembly Hugo de Burgh the Kings Justiciary in the presence of the Archbishops Bishops and Earls Barons and all others Coram Archiepiscopis Episcopis Comitibus Baronibus aliis Vniversis declared the Damages and Injuries the King susteined in his Dominions beyond Sea wherein not only the King but also many Earls and others were outed of their Possessions And seeing many were concerned the Assistance ought to be proportionable therefore he required their Counsel and Ayd That the Royalties of the Crown and their Antient Rights might be recovered for the retrieving of which He thought the Fifteenth part of all Moveables A Fifteenth granted both of Ecclesiastics and Laic's might be sufficient This being propounded [3] Ibid n. 20. the Archbishop and all the Bishops Earls and Barons Abbats and Priors after some deliberation returned this Answer to the King They would readily gratify his desires if he would Grant to them their long desired Liberties Si libertates din petitas concedere voluisset The Charter of Liberties and of the Forest granted The King agreeing to what the Great Men desired Charters were forthwith Writ and Sealed with the King's Seal and one directed to every County in England And to the Counties in which there were Forests Two were directed One concerning their common Liberties the other concerning the Liberties of the Forest The tenor of these Charters is to be found in the History of King John both being exactly alike A Moneth after Easter a day [4] Ibid. n. 30. was set to choose Twelve Knights and Legal Men Duodecim Milites Homines Legales who upon Oath should distinguish the new Forests from the old ones and what ever Forests were found to be made after the first Coronation of Henry the Second were forthwith to be Disforested The Council being ended Charters were carried to every County and by the Kings Command every one sworn to observe them The way and manner of Levying this Fifteenth was directed by the King and because it was very particular and worth noting how Fifteenths were taxed in those times the Record it self is Printed in the * n. 150. Appendix On Candlemass-day following the King [5] Ibid. n. 40 50. The King Knights his Brother Richard and makes him Earl of Cornwal and Poictou He with others is sent into Gascoigny The Knights and Soldiers of that Countrey come into him He reduceth Gascoigny to Obedience Knighted his Brother Richard and Ten Noblemen with him and made him Earl of Cornwal and Poictou In the Spring he sent him accompanied with William Earl of Salisbury Philip de Albiney and Sixty Knights into Gascoigny who arrived at Burdeux on Palm-Sunday and was Honorably received by the Archbishop and Citizens Then Richard opened the Kings Letters in which he desired Omnes Homines Fideles sui de Regionibus illis All his Men and those that had sworn Allegiance to him in those Countreys should give Ayd and Advice to his Brother Richard for the recovery of his lost Dominion Upon this a great many Knights and Soldiers resorted to him and received Wages from him Then he marched with a great Army through all Gascoigny and seised the Castles of such as refused to do Homage and swear Fealty to King Henry and wherever he met with opposition he reduced them by force and in a short time subdued all that Countrey having first obtained a great Victory over the Earl of Mar●h who was sent by the King of France to raise the Siege of Reole Castle Rigord * De Gestis Ludowici A. D. 1224. f. 399. n. 20.30 tells this Story otherwise and the later French Historians follow him He says that Lewis sent an Army under the Command of his Marshal to raise the Siege and that when Earl Richard had notice of its coming to the River Garonne he raised it and shipped himself and Men and went for England In March following [6] f. 324. n. 20. Falcasius his Sentence the Great Men met the King at Westminster at a Parlement or Conference Convenerunt apud Westmonasterium ad Colloquium Rex Magnates sui where the King Commanded Sentence should be given against his Traytor Falcasius what was to be done to him the Nobility agreed with the King in this Proceres in hoc cum Rege consenserunt That because both his Father and he had done faithful Service to the Crown many years he should lose neither Life nor Limb For ever to abjure the Kingdom but should for ever abjure the Kingdom Whereupon the King commanded William Earl of Warren safely to conduct him to the
the accustomed Relief About this time [1] fol. 370. lin 1. The Archbishop of Canturbury goes to Rome to complain of the King and the Justiciary Richard Archbishop of Canturbury arrived at Rome and in the Popes presence made the following complaints viz. That the King was wholly guided by Hubert the Justiciary that the Affairs of the Kingdom were transacted by his advice without consulting his Great Men. That the Justiciary had Married his former Wives Kinswoman and had invaded the Rights of the Church of Canturbury and refused to restore them That the Bishops his Suffragans neglected their Pastoral care and had betaken themselves to Plead Lay-Causes in the Exchequer and gave Judgments in Cases of Blood That Beneficed Clerks and such as were in Holy Orders had many Churches with Care of Souls and according to the examples of Bishops intruded themselves upon Secu●●r business On the other side the Kings Messengers pleaded many things on the Kings and the Justiciaries behalf but to very little purpose The Pope favors him for the Pope had Commanded that the Archbishop should have his business forthwith dispatched according as he desired He dies in his return home But in his return home he dyed at St. Gemma three days journey from Rome the 3 of August and the whole Transaction expired with him In October [2] Ibid. n. 30. The King desired to have Married the King of Scots Sister Is perswaded not to do it the King offered to Marry the King of Scots Sister but the Earls and Barons and especially the Mareschal opposed it alledging it did not become the King to Marry the Younger when his Justiciary had married the Elder Sister At length he was prevailed upon by the Earl of Brittain and the Mareschal to desist After this he gave to the Earl of Brittain 5000 Marks of Silver and so he returned into his own Countrey The Monks of Canturbury having chosen [3] Ibid. n. 40. The Monks of Canturbury choose Ralph Bishop of Chichesher Arch-Bishop The King accepts their choice Ralph de Nevill Bishop of Chichester and Chancellor of England Archbishop presented him to the King on the 19th of September The King accepted their choice and forthwith invest●d him with the Manors and other Rights belonging to the Archbishoprick Then the Monks desired their Elect to allow them Money for their expences in their journey and at the Court of Rome to procure the Election to be confirmed He replyed He thought it was Simoniacal and upon that account would not consent to allow one Farthing However the Monks proceeded in their journey and petitioned the Pope to confirm their choice But he being before informed of the Person by Simon Langton [4] fol. 371. lin 1. gave them this Answer That he was an illiterate Man and a Courtier and if he were promoted to that Dignity he would concur with the King and Kingdom to shake off the Papal Yoke that King John had put the Kingdom under Upon this the Pope voided the Election The Pope voids the Election and Commanded the Monks to proceed to a new choice of one who would be faithful and devoted to the English and Roman Church A. D. 1232. In the year 1232. King Henry [5] Ibid. f. 372. n. 40. The Ki●g calls a Colloquium or Parlement D●mands a general Ayd The Earl of Chester said none was due from the Barons and Knights because they had served the King in person The Laics depart from the Parlement The Clergy because many were absent desire another time to treat about the Ayd kept his Christmass at Winchester and upon the 7th of March He met the Great Men as well Prelates as Laics at Westminster Convenerunt ad Colloquium apud Westmonasterium ad vocationem Regis Magnates Angliae tam Praelati quam Laici to whom the King declared That his late Expedition beyond Sea had involved him in great Debts whereupon he was now forced to require of every one a general Ayd Vnde necessitate compulsus ab omnibus generaliter Auxilium postulavit To whom Ranulph Earl of Chester replyed in the Name of the Great Men That the Earls Barons and Knights which held of him in Capite had personally served him and had been at great expences to no purpose whereby they were reduced to poverty Vnde Regi de jure Auxilium non debebant and therefore of Right they ought no Ayd to the King And then having asked leave all the Laics departed But the Prelates answered the King That many Bishops and Abbats who were summoned were not yet come come thither and therefore desired it might be deferred and a day appointed for all to meet together and consult what ought to be done in that business which was agreed to and the * See September 14 th of this year Fifteenth day after Easter was appointed for their meeting This year [6] fol. 375. n. 10. A. D. 1232. Corn and Money taken from the Italian Clergy and distributed to the Poor many Armed Men of good quality with others of less reputation violently entred into the Barns of the Roman Clergy that were Beneficed in England and carried away and largely distributed their Corn and sometimes Money among the poor There were about Fourscore and sometimes fewer that were the Authors of this presumptuous Attempt But William Witham or Robert * Alias Twenge the chief Author of that Attempt Thinge a Knight was their chief Governor to whom they paid a ready Obedience When these disorders had reached the Popes Ears He sent very severe Letters to the King blaming him for permitting such Rapine to be executed on Clergy-men and Commanding him upon pain of Excommunication and Interdict to make close inquiry after the Authors of this violence and to punish them according to their offence that others might be terrified from committing the like The Pope by his Letters Commissioned [7] Ibid. n. 30. The Pope sends a Commission to inquire of the Transgressors who were to be Excommunicated Peter Bishop of Winchester and the Abbat of St. Edmunds to make an Inquisition in the South of England and in the North the the Archbishop of York the Bishop of Durham and John a Roman and Canon of York to make a strict search and whomsoever they found Transgressors they should Excommunicate them and send them to Rome to be Absolved When the [8] Ibid. n. 40 50. Many are accused and imprisoned Inquisition was executed and Witnesses examined upon Oath a great many were found either actually guilty of the above-mentioned Rapine or consenting to it there were some Bishops and some of the Kings Clerks with some Arch-Deacons and Deans with many Knights and Lay-men many High Sheriffs their Bayliffs and other Ministers were by the Kings Command taken up and committed to prison Hubert de Burgh is accused others through fear fled and could not be found But Hubert de Burgh the Justiciary was accused as
and violently forced from him the Great Seal and delivered it to Galfrid a Templar and John de Lexington but the Profits of the Chancellorship belonged still to the Bishop Then the King sent two Lawyers Simon and Alexander to the Court of Rome who by Money and promises procured this Election to be voyded This year when the [3] fol. 474. n. 40 50. A. D. 1238. A Plot against the Kings life discovered and the Traytor taken King was at Woodstock on the 8th of September there came one to his Court who feigned himself mad requiring the King to resign his Kingdom to him when the Ministers about the King would have forced him away with blows he hindred them from offering any violence to him affirming he did nothing but what became a Mad man But about Midnight it was discovered by one of the Queen Maids Margaret Biseth who was at her Devotions that he made a close search for the King who that night lay with the Queen she cryed out and with her noise alarumed the Guards who broke in upon him and secured him till next morning upon Examination he confessed He confessed who employed him and is Executed that he was employed by William de Marisco the Son of Geofry de Marisco to assassinate the King and that many others were in the Conspiracy Then he was Condemned to be drawn asunder by Horses at Coventry In the year 1239. A. D. 1239. King Henry at Christmass kept his [4] f. 48. l. 3. Court at Winchester while he was at Dinner one Day Gilbert Earl Mareschal came with several of his Friends to the Palace [5] Ibid. n. 20 30. Gilbert Earl Mareschal refused entrance into the Kings Palace He is very severely checked and reprimanded by the King but were denyed entrance by the Door-Keepers The Earl suspecting something had been whispered to the King to his prejudice sent to the King next day to know the reason why such an Affront was offered him the day before To whom the King replyed That R●chard his Elder Brother was a Traytor and a Rebel and continued so till Divine Vengeance overtook him and that through the importunate intercession of the Archbishop of Canturbury not for his own merit He had restored to him both his Brothers Office and Inheritance but could recall it when he pleased When the Earl heard the Kings Answer he retired from Court and went into the North of England On Candlemass day following the King made Simon Montfort [6] Ibid. n. 40. Montfort made Earl of Leicester Earl of Leicester and received Stephen de Segrave again into his Council This year the Pope by his Letters [7] fol. 484. n. 10. Otto again revoked but at the Kings request is continued revoked Otho his Legat but the King fearing his Great Men would unanimously oppose him next Parliament sent away Messengers to the Pope to permit him still to continue in England to appease the Troubles he expected Soon after Easter the [8] f. 485. n. 30. The King inviteth the Bishop of Chichester to return to his Office But he refused King being sensible of his own indiscretion in discharging the Bishop of Chichester from the Chancellorship and removing him from his Court used all allurements he could to prevail with him to return to his Office but he refused still remembring how he had been treated by the King in procuring his Election to Bishopric of Winchester to be voyded when he had served both him and his Father so long with Fidelity and integrity This year in Lent Pope Gregory [9] fol. 486. n. 40. The Emperor Excommunicated by the Pope Excommunicated and Anathematized or Cursed Frederick the Emperor because he justified himself and would not hearken to his admonitions On the 16 of June following Queen [1] f. 488. n. 40. A. D. 1239. Prince Edward born Alienor was safely brought to Bed of Prince Edward at Westminster and on the 4th day after war Baptised by the Legat although he was no Priests and the Archbishop of Canturbury confirmed him in the Conventual Church in the presence of many Bishops and Great Men. This year [2] f. 490. n. 10 20 30. Ranulph Canon of St. Pauls falsely accused of Treason by the Kings Writ he is Imprisoned in the Tower William one of the Kings Messengers being convicted of many Crimes was Condemned to Dye but to prolong his own Life he accused several of the Court of Treason and among the rest Ranulph Brito Canon of St. Pauls and Treasurer who was by the Kings Writ to the Major of London apprehended and Imprisoned in the Tower Whereupon the Dean of London with the Canons in the absence of the Bishop proceded to excommunicate all that were actually concerned in this violation of the Church's Peace And the King being admonished by the Bishop to correct his Error neglecting it the whole City of London was threatened to be Interdicted by the Legate London threatned to be interdicted Arch-Bishop and Bishop of London Then the King though against his Will released him but on this condition that he should appear when ever he should call him to his Tryal but the Church would not consent to it so at length he was set at liberty but discharged the Court. Stephen Segrave was now become one of the Kings chief Counsellors and behaved himself with more modesty and prudence then formerly Soon after the person that defamed Ranulph and many others was executed on a Gibbet and then confessed that he accused them only to prolong his own Life On the 9th of August [3] f. 497. n. 50. The King sheweth his passion and displeasure against Simon Montfort the Great Ladies met to accompany the Queen to her Churching when the King saw Simon Montfort Earl of Leicester and his Wife there He told him he was an Excommunicated person and prohibited both him and his Wife to be present at that Solemnity adding that he had first corrupted his Sister and to avoid scandal had Marryed her and then went to Rome to procure the Popes Confirmation of this unlawful Marriage when the Earl heard these words from the King [4] f. 498. n. 10. He and his Wife retire from Court and pass over Sea he was much abashed and that Evening took Ship with his Wife and some few attendants and passed over Sea On the last of July the [5] f. 498. n. 10. And f. 515. n. 10. The Bishops consult how to relieve the Church from the exactions of the Legate B● to no purpose Bishops met at London to consider how they might relieve the Church of England from those oppressions it lay under by the perpetual exactions of the Popes Legat. But instead of easing them He demanded Procurations To whom they generally Answered That the Church had been so often squeezed by him and others from Rome that they could endure it no longer so the Council was dissolved not without Murmurs and Complaints
Mareschalcy of his Brother Walter Mareschal Brother to to Gilbert late deceased applyed himself to the King for his Office and Inheritance But the King in great rage and fury denyed him both urging against him the Treasons and disobedience of his Brothers and his own undutifulness [9] fol. 573. n. 10. A. D. 1241 But at length through the intercessions of the Queen the Bishop of Durham and some other Noblemen He was prevailed with on the Sunday before All-Saints to restore him to the Honors Office and Estate of his Brother and to invest him with his Earldom and Marescalcie reserving only to himself two Castles in Wales Kaermarden and Cardigan which he Garrisoned to secure his new Acquisitions there This year [1] fol. 574. n. 10. and fol. 573. n. 50. Pope Gregory's death His Collectors were too nimble for King Henry August the 22. dyed Pope Gregory and the Emperor dispatched a Messenger to give King Henry speedy notice of it that he might seize the Money the Popes Collectors in England had gathered for his use but they were too quick for him and escaped into France with all their prey but were met with by the Emperors Servants taken and imprisoned and all their Money and Treasure paid into the Imperial Exchequer About the same time dyed [2] f. 574. n. 40. A. D. 1241. Alienor the Daughter of Geofry Earl of Britany having been kept in prison many years by whose death without Issue King Henry had a direct Title to the Crown which he had not before In the year 1242. A. D. 1242. King Henry at [3] fol. 578. n. 50. Peter of Savoy resigns up all his Castles into the Kings hands But is forced to be Governor of Dover Castle Christmass held his Court at Westminster where Peter of Savoy Earl of Richmond resigned up into the Kings Hands all those Castles that were committed to his custody lest his sudden advancement should displease the Great Men of England and then designed to return into his own Countrey but before he had taken Ship he was remanded by the King and was constreined to be Governor of Dover Castle This year the [4] fol. 579. n. 10 20 30. The Earl of March refuses to do Homage to the Earl of Poictou Earl of March refused to do Homage to Alphonsus Earl of Poictou the King of France his Brother and applyed himself to the King of England for Protection perswading him that by the help of the Poictovins and Gascoignians King of Arragon and Earl of Tholouse he might easily recover those lost Dominions The King giving credit to these fair pretences [5] Ibid. n. 40. King Henry is ingaged in the quarrrel and calls a Parliament at London Scripsit omnibus suis Magnatibus Angliae Archiepiscopis Episcopis Abbatibus Prioribus Comitibus Baronibus districtè praecipiens ut omnes generaliter Londinum die Martis proxi● ante P●rificationem B. Virginis convenirent de Arduis negotiis dilationem non capientibus cum summâ deliberatione tractaturi Wrote to all his Great Men of England Arch-Bishops Bishops Abbats Priors Earls and Barons streightly Commanding them That they should all meet at London on Tuesday before Candlemass-day to Treat with great Deliberation of such difficult Matters as would not bear any delay The day after [6] Ibid. n. 50. Earl Richard returns into England Epiphany Richard Earl of Cornwal the Kings Brother Landed at Dover and was received by the King Quen and Nobility with all demonstration of Affection and Joy together with variety of presents Soon after his return to Court the Poictovins endeavoured what they could to incline him to a War with France for the recovery of Poictou and had confirmed the King in his resolution to Attempt it At the day appointed the [7] fol. 580. n. ●0 20 30 40 50. The Parliament are against the Kings engaging in a War with France Nobility of all England as well Prelates as Earls and Barons met at London according to their Summons Totius Angliae Nobilitas tam Praelatorum quam Comitum ac Baronum secundum Regium praeceptum est Londini congregata When they were assembled and understood that the Earl of March had moved the King to undertake a War against France they resolved to oppose both him and the Poictovins who advised it adding That they had been Taxed and Pillaged as the meanest of Slaves and what had been thus extorted was unprofitably spent and therefore would not consent any more Money should be granted to be so vainly wasted and consumed The King's contrivance to gain their con●ent ineffectual When the King saw he could not prevail with the whole he would try what he could do with them severally and sent for them one by one urging that such an one had promised so much and another the like but this stratagem only took with a few and proved ineffectual as to the Majority Then he attempted those Great Men that were his Favorites and Domestics urging that they were Military men and ought to be very desirous to have the antient Rights of the Kingdom recovered and to have injuries repressed by force of Arms therefore he wondred with what confidence they could oppose and desert him when he had promised and sworn to prosecute what he had undertaken They answered that great sums of Money had been granted already and the Profits of the Crown had been extraordinary and all this Treasure was wasted and spent and the Kingdom nothing advantaged by it [8] fol. 581. lin 1. Reasons against undertaking the War at that juncture Moreover they very much wondred he should undertake so hazardous a War without ever consulting his natural Subjects and that the Truce between him and France was not yet expired which they had both sworn inviolably to observe Besides those Great Men that advised him to this War were the King of France his Subjects and he could expect but little faith from such who had proved Traytors to their natural Prince Adding the unsuccessful Attempts that many of his Predecessors had made in this nature [9] Ibid. n. 10. The King resolved to persue the War When the King heard their Answer he was much moved and in great passion swore That their words should neither affright nor hinder him from prosecuting what he had designed but that after Easter he would pass over Sea and try the fortune of War and so the Parliament was Dissolved Paris inconsistent with himself in this matter This is the Monks own account of this Colloquium or Parlement wherein he mentions much ill and harsh Language which was given unto the King by the Great Men Face to Face But in the Relation that immediately [1] Ibid. n. 20 30 40 50. A different Account of this Conference follo●s this which he says was Written as a perpetual Memorial of the Baron● Answer to the King it appears they never spake or had Conference with the King
King and Queen of Scots come into England to visit their Parents King and Queen of Scots came into England and gave their Parents a Visit at Woodstock from thence they came to London with a mighty Train so as both Courts were constreined to take two different Roads the whole Country being over-spread with the great appearance of Nobility Gentry and their Retinues On the 15th of the same Month when they came to London their reception was as great as their Retinue and Expectation by all Demonstrations of welcome in that City and Westminster The [6] f. 934. n. 10 20. The Priors and Convents of Durham and Giseburn opposed the Popes exaction Prior and Convent of Durham and the Prior and Convent of Giseburn stood out against the Knavish Obligation and Popes Suspension and would not bow their Knees to Baal licet omnes fere alii genua Baal incurvarunt But at last having none to assist them they submitted to the persecution of the Roman Court and Merchant Usurers This year on the 9th of October [7] f. 935. n. 40 50. Sheriffs of Counties Cited by the King to pay their Rents into the Exchequer the King came to the Exchequer while the Barons were sitting and with his own mouth pronounced that every Sherif that did not appear eight days after Michaelmass and brought his Money as well Farm-Rent as Amerciaments and other Debts should be amerced the first day five Marks the second day ten Marks the third day fiteen Marks and the fourth day he was to be grievously Fined if absen● quarta sit Redimendus si absens fuerit And the King pronounced the same thing against Cities that had Liberties And also ●ayliffs of Cities and answered at the Chequer by their own Bayliffs So as the fourth day they were to lose their Liberties if they appeared not as the Sheriffs were bound to appear And all the Sheriffs of England were Amercied each five Marks All that had ten pounds by the year forced to be Knighted because they did not Distrein every one that had ten pounds a year in their several Counties to come to the King and be Knighted but they obteined Respite of the King according to his Writs to them Directed The B●shop of Ely being Dead [8] f. 936. l. 1. Henry de Wengham recommended by the King to be Bishop of Ely The Convent refuse him and choose Hugh Balesham the King by his Letters recommended Henry de Weingham the Keeper of his Seal to the Election of that Convent and sent special Messengers to that purpose The Convent complyed not with the Kings Request but chose Hugo de Balesham their Prior Bishop The King would not accept him and caused John Waleran to whom he had committed the Custody of the Bishoprick to cut down the Woods and Sell the Stock upon their Lands The Exactors or Vsurers being [9] Ibid. n. 10. The Church of St. Albans interdicted severe upon the Church of St. Albans about the Feast of Simon and Jude the 28th of October it was under Interdict fifteen days not that it wanted great privileges but that the Detestable Addition of non obstan●e annulled the pious Concessions and Authority of all the Holy Fathers Therefore the Convent rather chose to comply with an injust and violent Sentence than be Guilty of Contempt The [1] Ibid. f. 937. l. 4. The Welch take Arms and invade the English borders Welch having been injuriously used and the Government of their Country Sold to such as would give most for it and at length oppressed above measure by Geofrey de Langley Knight the Kings Exactor and Assessor of Taxes about the Feast of All Saints took Arms for the Defence of their Country and Laws and invaded the English Borders or Marches and destroyed the Tenents of Prince Edward whom as yet they had not acknowleged to be their Lord. He borrowed 4000 Marks of his Uncle Richard that he might raise such a Force as to repress their incursions and enter their Country to make Reprisals but the whole Winter was so wet and Stormy and the places whether the Welch had retired so Boggy and impassible that the English could not attempt them so that this Expedition proved ineffectual and the Princes Expences in vain About this Time [2] Ibid. n. 40 The Kings kindness to his Brothers the King commanded the Chancellor that he should not Issue any Writs which might be prejudicial to his Brother Richard or to Richard Earl of Glocester Peter of Savoy or any other of his Brothers which says the Monk was manifestly contrary to the Law and Peace of the Kingdom Quod manifestè patet esse omni Juri paci Regni contradictorium The [3] n. 40 50. Several ways made use of by the King to raise money King at the same time being necessitated for Money forced such as he thought fit to be made Knights or Fine to be excused he also caused all such as neglected their Suits to Courts to be severely Amercied and Taxed all Lands that held in Serjeanty He also caused Inquiry to be made into Liquid Measures of Wine and Ale and dry measures of Grain as Gallons and Bushels and also into Weights and grievously punished those whose Measures and Weights answered not the Standard by which means he raised much Money but lessened the Affections both of Clergy and Laity towards him Yet this course could not preserve him from extream poverty for he had [4] Ibid. f. 938. lin 1. c. The Kings great Debts borrowed so much Money of the Popes Merchant-Vsurers for the promotion of his Son Edmund to the Kingdom of Sicily That the Interest and Penalties for non-payment of it amounted to an hundred pounds a day At Christmass [5] Ibid. f. 939. n. 50. Earl Richard elected King of the Romans in the year 1257. The King was at London A. D. 1257. where came to him several of the Great Men of Germany who Declared That Richard Earl of Cornwal was rightfully chosen by unanimous Consent King of Almain or of the Romans Fifteen days [6] Annal. Burton f. 376. after Easter the King held a Parlement at Westminster to Treat of the * The same with that of Sicily Business of Apulia in which the Arch-Bishop of Messina was present and then and there the King received the same Answer from the Clergy and Laity he had the year before From this Parlement Earl Richard went towards Germany He was at [7] Ibid. f. 377. He goeth to Germany and is Crowned King at Aken Yarmouth and took Ship there with all his Retinue on the Sunday after St. Mark and upon Tuesday following being the first of May he landed at Dort from whence on Ascension-day he came to Aken and on the same day was Crowned King and his Countess Queen of the Romans with great splendor in the presence of the Arch-Bishops of Colon Ments and many Earls Barons and
and France and what had been Treated of was approved of and a Peace concluded on Valentines-Day if both parties would consent to what their Agents had agreed and Determined In the [5] Ibid. f. 986. n. 10. Several English Noblem●n sent to a Parlement held in France beginning of April by the Command and Advice of the King and whole Baronage the Earls of Clare and Leycester John Mansel Peter of Savoy and Robert Walerand were sent to the King of France and his Great Parlement holden at that time and carried with them King Henry's Chart of the Resignation of Normandy with Letters of Credit to put an end to all differences that were and had been a long time depending between the two Kings and also to Confirm and Establish what had been lately agreed by their Agents But because these Envoyes were * Q. Whether they fell out or went not or came not together dispersed Sed quia ob eorundem Nunciorum dispersionem Quid super hoc actum est c What was done in this Matter was not certainly known or made publick When * Ibid. f. 987. n. 10. all things were agreed the Countess of Leicester would not Resign some Rights she pretended to in Normandy whereupon there arose a great Quarrel between the two Earls which with much difficulty was taken up by the Mediation of Friends This year [6] Cl. 43. H. 3. M. 10. Dors Lewellin invadeth England All Military Tenents Summoned to Chester and Shrewsbury Lewelin Son of Griffin in a hostile manner invaded the Kings his Son Edwards and other his Subjects Lands and for that the Truce between them was to determine on the 8th of August by Advice of the Great Men of his Council he summoned all that held of him in Capite to be at Shrewsbury and Chester with their Service upon the First of that Month. Adomar the Elect of Winchester had prevailed with the [7] Cl. 43. H. 3. M. 4. Dors Adomar desires to be admitted into England but is denyed Pope to send Velastus his Penitentiary and Chaplain by Advice of his Cardinals with his Letters directed to the King and Barons to intercede with them for his admission into England and injoyment of the Bishopric of Winchester The Answer of the King and Barons to this Letter and Mediation was a flat denial but modestly drawn up as 't is to be found in my Answer to Mr. Petit's Rights of the Commons c. f. 83. It is Reported [8] Paris f. 989. n. 10. Why King Henry omitted ●e Titles of Duke of Normandy and Earl of Anjou by the continuer of Mat. Paris That King Henry upon pretence that Rollo Duke of Normandy obtained that portion of France by Force and Extortion when the King of France was unable to assert his Right having neither Money or Army to defend it Therefore says he the King of England resigned the Dukedom of Normandy and Earldom of Anjou upon payment of 300000 pounds of Turon Money for which he promised him the Restitution of 20000 pound yearly Rent in Gascoigne and from thence-forward he left out of his Style the Title of Duke of Normandy and Earl of Anjou In the absence [9] Ibid f. 982. n. 40. A. D. 1259. Quare how this agrees with the Record above Henry de Wengham chosen Bishop of Winchester but refuses it of Aethelmar or Adomar Elect of Winchester the Monks chose Henry de Wengham then Chancellor to be their Bishop the King consented saving the Right of Adomar if he could obtain Consecration to that Bishoprick from the Pope He refused it because the Title was Litigious and excused himself That he was not fit for such a Dignity or the Cure of Souls having read little Divinity or studied the Scriptures as he ought Yet Fulke Bishop of London dying about that time he accepted that Bishoprick notwithstanding his insufficiency and procured the Kings [1] Append. n. 199. Letters Patents by Advice of his Council he being one of the 24 to hold and retain all his former Ecclesiastical Dignities and Benefices whereof the King was Patron together with his Bishoprick for so long time as the Pope should please to give him a Dispensation Notwithstanding Athelmar was forced to quit the Kingdom The King while he was beyond Sea judged the Bishoprick void seized the Temperalties and Stock thereof [2] Append. n. 200. Adomars Bishopric Seized by the King but on conditions and Granted 5000 Sheep 200 Cows and 10 Bulls to this Bishop of London Elect to stock that Bishoprick warranting them against the Bishops of Winchester Provided always That if Adomar should recover Possession of his Bishoprick they should be restored to him In the year 1260. King [3.] Paris f. 989. n. 30. A. D. 1260. 44. of Henry 3. Henry was at London with a multitude of Strangers Says the Continuer of Mat. Paris But that could not be for by the close Rolls of this year M. 5. Dors it appears he was in France at Paris Treating of Peace c. with that King the 19 th and 28 th of December at Paris and 17 th of January at St. Denis and was there and in Flanders a great part of this year as is clear from the Patent and close Rolls being dated at several Towns in those Countreys where the King then was This year Dyed [4] Ibid. Annal. Burton f. 446. Pope Alexander dye's and Vrban Succeeded him Pope Alexander the 4th to whom Urban the 4th succeeded and was Consecrated the fourth of September In the Kings absence the Great [5] Paris f. 990. n. 40. Revenues of the Italians Churches to be paid to the Barons receivers men Commanded all the Religious who farmed the Revenues of the Churches possessed by the Italians not to answer any of the Rent to them but to pay it at a time and place appointed to such as should be assigned by the Barons to receive it which if they refused to do they threatned to burn their Houses and Goods and to inflict the same punishment upon their persons which was prepared for the Romans [6] Ibid. n. 50. Simon Montfort reported to have dyed a Martyr A. D. 1261. They likewise commanded the Bishops not to interpose or concern themselves for any of the Romans or their Revenues upon like penalty By this Provision or Decree of the Barons saith the Monk England for almost three years was freed from Exactors until Simon Montfort was slain Et Martyrio ut Creditur Coronatus and as it was believed Crowned with Martyrdom In the year 1261. King Henry was at [7] Ibid. fol. 990. n. 50. King Henry employs the Treasure in the Tower for its repair Christmass in the Tower at London with his Queen who after he had broke his promise made to the Great Men was constreined to retire thither to secure himself He commanded the look● of the Treasure which had a long time been kept there to be forced and employed
approve who acted rather against than for him Now the King thinking himself secure on every side [8] Paris fol. 991. n. 50. He taketh the advantage of the Popes Absolution He displaces his great Officers of State resolved to take the advantage of the Popes Absolution and went to several Cities and Castles and took possession of them and the Government of the Kingdom encouraged to this by the promise of assistance he received from the King of France and his Great men Afterwards the King came to Winchester and removed from their Offices the Justiciary and Chancellor that were appointed by the Baronage and constituted * He made Walter de Merton his Chancellor and Philip Basset his Chief Justice Mat. Westm fol. 380. lin 7. others in their places according to his own pleasure and sent his [9] Append. n. 205. Reason why he could not stand to his Oath Writ to all the Sheriffs of England wherein he relates his own Submission and the Affairs of his Realm to the Provisions at Oxford under certain conditions which the Barons performed not the injustice of their Ordinances to the prejudice and depression of his Royal power and D●mage of his People his Absolution from his Oath to observe them both by Pope Alexander and Vrban his Successor His readiness to do justice to all men Great and Small in his Courts to which they might freely resort with security and to observe the Articles conteined in the great Charter and Charter of the Forest which they were commanded to proclaim in all places and to apprehend and secure all such as adhered to the former Ordinances or presumed to speak or act any thing prejudicial to the Rights of his Crown Honor or Dignity or to his Execution of his Office Upon this the [1] Paris ut Supra The Barons come Armed to Winchester Barons came Armed to Winchester and John Mansel went privately to the King and acquainted him with the danger he was in The King retires to the Tower and constrained him to hasten his return to the Tower of London In the year 1263 at Christmass [1] Paris f. 992. lin 1. n. 10. A. D. 1263. 47th Hen. 3. the King Queen and Council were in the Tower of London at which time both the English and French Bishops took great pains to make peace between the King and Barons and at length Both sides referred their Differences about the * See the Compromise it self on the Kings behalf in Append. n. 206. and observe the date of it on Sunday after St. Lucy's day 13th of December 1263. so that it had been agreed to Refer these Differences to the King of France before Christmass The King of France nulleth the Oxford Provisions Oxford provisions to the King of France who calling together his Bishops Earls and great men at Amiens on the 22 d of January in that Assembly pronounced sentence for the King of England against the Barons and Nulled those provisions But by Evacuating of them he did not intend altogether to abrogate King Johns Charter Upon which Exception S. Montfort and others took advantage and said The provisions were founded upon that Charter and therefore would not submit to the King of France his Sentence This Parlement of the King of France as the Monk calls it being Dissolved the [2] Ibid. Several noble men desert Montfort King of England and his Queen the Arch-bishop of Canterbury the Bishop of Hereford and John Mansel who were all there returned home And from that time [3] Ibid. n. 20. Henry Son to the King of Almain Roger de Clifford Roger de Leybourn John de Vallibus or Vaus Hamo L'estrange and many other Barons left Montfort and Roger Mortimer wasted his Lands and Estates But he confederating with Leolin Prince of Wales the Kings great Enemy sent an Army thither that invaded destroyed and burnt the Estate and Lands of Roger. In the mean while the [4] Mat. Westm f. 382. n. 40. Barons in other parts of the Kingdom by advice and under the conduct of the Earl of Leycester Resolving to make good the Oxford provisions armed themselves The Barons Arm themselves and seize the Kings Towns and on a sudden when they thought not of it fell upon the Strangers the Kings Counsellors and all they knew adhered to him and in an Hostile manner seised upon their Estates Places of Strength Castles Towns and Goods [5] Ibid. f. 384. n. 50. 385. n. 10. Montfort with his Army took in Glocester Worcester Bridgnorth and Shrewsbury Prince Edward and the Noble men that were of the Kings party took in the Castles of Haye Huntington Brecknoc c. and on both sides they wasted burnt and destroyed their Lands and Estates The Londoners also [6] Ibid. f. 385. n. 20. The Londoners second the Barons going out of their City in great numbers wasted and burnt the farms and possessions of the King of Almain Philip Basset and many others that were of the Kings party and imprisoned the Kings Clercs the Barons of the Exchequer and Justices of the Bench. The King was at this time in the [7] Ibid. f. 383. n. 20 30. Mat. Paris f. 993. lin 2. n. 10. The King maketh peace with the Barons Tower of London with his Queen and John Mansel one of his chief Counsellors who fled from thence fearing the Rage of the Barons and when he was gone the King fearing he should be besieged by their Army against all the power and perswasion of the Queen by the mediation of some Honourable persons made peace with them the Articles whereof were these First That [8] Ibid. The Articles of the peace Henry Son of the King of Almain should have his Liberty Secondly That the Kings Castle should be put into the Hands of the Barons Thirdly That the Statutes and Provisions made at Oxford should be inviolably observed as well by the King as others Fourthly That all strangers except such as the Well-Affected should think fit to stay should presently avoid the Nation never to return again A. D. 1264. 48. Hen. 3. But this peace did not hold long for the Soldiers that were within Windsor Castle [9] Paris f. 993. n. 20. furnished it with Arms and Victuals which raised great suspition in the Barons and it added much to it that when Prince Edward had desired of the Bishop of Worcester who was of the Barons party to conduct him from Bristol to his fathers Court when he came near Windsor he left the Bishop and went into the Castle which he took very ill [1] Ibid. n. 30. Prince Edward kept prisoner by Montfort and Simon Montfort coming to besiege it Prince Edward met him at Kingston and offered a Treaty of Peace But by advice of the Bishop Simon kept him prisoner until the Castle was delivered to him upon condition that such as were in it might go whether they would and the strangers and such others
published in the Castle of Kenelworth on the 31 of October in the year of Grace 1266 and of the Reign of King Henry 51. This Award had not its desired Effect The Disinherited in the Isle of Ely would not submit for many of the Disinherited that had got into the Isle of Ely as was said before continued there and made Excursions and wasted and plundered the Countries round about and would not submit unto it Hereupon [1] Paris f. 1001. n. 40. Bishops that favoured Simon Montfort excommunicated by the Legat. the Legat called a Council at Northampton and Excommunicated all the Bishops and Clercs which favoured Simon Montfort and gave him Assistance against the King and by name John Bishop of Winchester Walter of Worcester Henry of London and Stephan Bishop of Chichester the Bishop of Worcester dyed Febr. 5 th next following and the other three went to Rome to Beg the Popes Favour At the same time also he Excommunicated all the Kings Adversaries whatsoever After that he sent [2] Ibid. ● 1003. n. 30 40 50 and f. 1004. lin 1. The Disinherited in the Isle of Ely admonished by the Legat. Their Answe● to him Messengers to the Disinherited in the Isle of Ely and admon●shed them to return to the Faith and Vnity of the holy Mother Church To this they answered They firmly held the same Faith they learned from the holy Bishops Saint Robert that is Grostest or Grou●head of Lincoln St. Edmund and St. Richard both Arch-Bishops of Canterbury and other Catholic men That they believed the Articles of Faith conteined in the Creed the Gospels also and Sacraments which the Vniversal Church held and believed they did Believe and in that Faith would live and die Secondly He admonished them to return to the Obedience of the Roman Court Romanae Curiae To this they Answer They did Obey the Roman Church as the Head of all Christianity but not the Lust Covetousness and Exactions of those that ought to Govern it Thirdly He admonished them to return to the Kings Peace according to the late Award To this they Answer First That the Legat was sent into England to make Peace but he rather kept up the War because he manifestly joyned with the Kings party and incouraged it and in so doing maintained the War Secondly they Answer The Award was void for that the Pope commanded the King and Legat that none should be Disinherited and they had such a Fine set upon them as it amounted to a Disinheriting Fourthly He admonished them to receive Absolution from the sentence of Excommunication pronounced against them according to the Form of the Church To this they Answer Their first Oath that was to maintain Oxford provisions was for the Advantage of the Kingdom and the whole Church and all the Prelates of the Kingdom thundered out the Sentence of Excommunication against all those that should act contrary thereto that they resolved to stand to that Oath and were ready to Die for it and Exhort the Legat to revoke his Sentence otherwise they would Appeal to the Apostolic See or to a General Council or the Supreme Judge Fifthly He admonished them not to commit any more Roberies nor damnifie any one To this they answered That when as they fought for the Benefit of the Kingdom and Church they ought to live upon the Goods of their Enemies which deteined their Lands From Answering they proceed to [*] Ibid. n. 10 20. They urge the Legat to admonish the King Their insolent Demands urge the Legat to admonish the King to remove Strangers from his Council and they themselves admonish the Legat that their Lands may be Restored without Composition that Oxford provisions might be observed that they might have Pledges or Hostages sent them into the Isle for Security that they might peaceably injoy it for five years until they saw how the King would keep his promises and then make the same Complaints that Montfort and the Barons made many years before and enumerated the common pretended Grievances of men of their temper and desire they might be Redressed A. D. 1267. 51 Hen. 3. Toward the Spring the King was in extreme want of Money and the Legat being in the Tower of London he wrote to him from Cambridge to receive all the [3] Pat. 51 Hen. 3. m. 24. Dor● The King forced to pawn his Jewels for money Jewels and other precious things he had there and in the Abby of Westminster and to pawn for as much as he could and caused those that had them in their Custody to deliver them to him and in the same Letter wrote to him that concerning the State and Liberties of the City of London he would do what was expedient in instanti Parliamento apud Sanctum Edmumdum in the Parlement forthwith to be holden at St. Edmunds Bury This Letter is Dated March the 8th Teste Rege apud Cantebrigiam Some or it may be all the Transactions of this Parlement the [4] f. 1002. n. 30 40 50. Continuer of Mat. Paris relates thus though somewhat preposterously which is a frequent fault in their Historians The King caused to be summoned the Earls Barons Arch-Bishops Bishops Abbats all that ought him Military Service A Parlement called at St. Edmund Bury to meet at St. Edmunds Bury with their Horse and Arms to go against those which against his Peace had seised the Isle of Ely All others obeyed the Kings Command but the Earl of Glocester who was in the Confines of Wales raising a great Army and did not come John Waren and William de Valentia were sent to admonish him to come ad illum Parliamentum to that Parlement but could not prevail They could only obtein his Letters Patents sealed with his Seal literas patentes sigillo suo signatas acceperunt in which he promised never to bear Arms against his Lord the King nor his Son Edward unless in his own Defence When those that were summoned to the Parlement met Abadunatis Qui ad Parliamentum citati fuerant except those in Rebellion The King and the Legat required their compliance with these Articles First That the Prelates and Rectors of Churches What demands were made by the King and Legat and the Answer to them should grant them sibi conciderent the Tenths of their Churches for three years next to come and for the year last past as they gave the [5] In September the 49 of Hen. 3. See in the year before Barons to keep the Coast against the Invasions of Strangers To this they answered That the War began by Evil Desires and did then continue and for that Reason it was necessary to lay aside these Evil Demands and Treat of the Peace of the Kingdom and make use of the Parlement to the Benefit of Church and Kingdom and not to Extort Money especially when the Nation was so much destroyed by War that if ever it must be a long time before it could
Kings time and Money Levied by him for Scutage Service c. SOon after his first Coronation which was on the 27th of May 1199. [9] Rot. Pip. 1 Johanis Civit London Middlesex He had a Scutage Tax of two Marks of every Knights Fee In the year 1200. he had of every Ploughland in England [1] Hoved. f. 454. b. n. 20. three Shillings In the year 1201. he had two Marks of every Knights [2] Paris f. 206. lin 9. Fee for Scutage Service of such as had his Licence to stay at home upon Summons to pass beyond Sea with him In the year 1203. he took a 7th part of all the Earls and Barons [3] Ibid. f. 209. n. 20. Goods that left him in Normandy In the year 1204. in a Parliament at [4] Ibid. n. 50 Oxford there was granted to him a Scutage Tax of two Marks and half of every Knights Fee In the year 1205. he [5] Ibid. f. 212. n. 20. levyed of the Earls and Barons that would not follow him beyond Sea with their Service infinitam pecuniam a vast Summe of Money In the year 1207. he took a thirteenth part of all the [6] Ibid. f. 221. n. 50. moveables and other things as well of Laics as of Ecclesiastics and Prelates all Murmuring but none dared to contradict it In the year 1210. he forced from the [7] Ibid. f. 230. n. 10. Abbats Priors Abesses Templars Hospitallers c. 100000 l. and from the White Monks or Cistertians 40000 l. In the year 1211. he had two Marks [8] Ibid. n. 50 Scutage Service of every Knights Fee which furnished not out its Service to the Expedition of Wales In the year 1214. he [9] Cl. 16 Johan m. 24. Dat. apud Partenay 26 Maii. took of every Knights Fee of those that were not with him in Poictou as well of Bishopricks in his hands as of Wards and Escheats three Marks The Issue of King John HEnry his [1] Paris f. 225. n. 50. Eldest Son afterwards King Henry the Third was Born on St. Remigius his Day That is the first of October in the year 1207. Richard his Second Son afterwards King of the Romans and Almain Earl of Poictiers and Cornwall was [2] Ibid. f. ● 226. lin 1. born in the year 1208. His Daughters JOane the Eldest was Married to [3] Pat. 10. Hen. 3. n. 1. Dor● Alexander King of Scots as appears upon the Patent Roll 5 Hen. 3. M. 6. Dors Dated at York June 28. 1221. Alienor his Second Daughter [3] Pat. 10. Hen. 3. n. 1. Dor● Married to William Marshall the Younger who Dyed without Issue A. D. 1231. and was remarried to Simon Monfort Earl of Leicester on the [4] Paris f. 465. n. 40. Morrow after Epiphany A. D. 1238. Isabell his third and youngest Daughter was Married to [5] Ibid. f. 414. n. 30 40. Frederi● the 2d Emperor of Germany at the Age of One and twenty Years on the Twenty Seventh of February A. D. 1235. His Natural or Base Issue RIchard [6] Ibid. f. 298. n. 40. the Eldest Geofrey [7] Sand. Genealog Hist f. 86. Fitz-Roy Osbert mentioned as King Johns [8] Sandf ut supra f. 87. Son in Rot. Pat. 17 Johan Part. 2. M. 16. Olivar mentioned as King Johns Son in Rot. Cl. 1 Hen. 3. part 2. M. 23. and as King Henry's Brother in Rot. Cl. 2. Hen. 3. part 1. M. 9. Joan [8] Sandf ut supra f. 87. Married to Llewellen the Great Prince of North-Wales THE REIGN OF King Henry III. IN the Eve of Simon and Jude [1] Paris fol. 289. n. 10. A. D. 1216. Henry the 3. Declared King Eight days after the death of King John in the presence of Walo the Popes Legate Peter Bishop of Winchester Iocelin Bishop of Bath Sylvester Bishop of Worcester Ranulphe Earl of Chester William Marshal Earl of Pembroke William Earl of Ferrars John Mareschal and Philip de Albeney with Abbats Priors and a very great multitude met at Glocester to advance Henry the eldest Son of King John to the Crown of England The day after all necessaries being in a readiness for his Coronation His Coronation The Legate accompanied with the afore-mentioned Bishops and Earls brought him in Solemn Procession into the Conventual Church Declaring him King Being placed before the great Altar in the presence of the Clergy and Laity Coram Clero Populo laying his Hand upon the Holy Gospels and Reliques of many Saints Iocelin of Bath dictating the Oath He [2] Ibid. n. 20. His Oath Swear That he would bear Honor Peace and Reverence to God Holy Church and all its Clercs all days of his Life That he would administer due Justice to the People That he would abolish all bad Laws and ill Customs if any were in his Kingdom and would observe and cause to be observed all good ones He doth Homage to the Pope Then he did Homage to Holy Church of Rome and to Pope Innocent for the Kingdoms of England and Ireland And Swear Faithfully to pay the Thousand Marks yearly to the See of Rome which his Father King John had given After this And receives the Homage of all his Bishops Earls and Barons present Peter Bishop of Winchester and Iocelin Bishop of Bath anointed and Crowned him King with the usual Solemnities The day after he received the Homages and Fealties of all the Bishops Earls and Barons and all others who were present all promising him most faithful Obedience After his [3] Ibid. n. 40. The Earl of Pembroke Protector Coronation he remained in the Protection of William Earl of Pembroke Great Mareschal who forthwith sent Letters to all Sherifs and Castellans of the Kingdom of England Commanding Obedience to the new Crowned King and promised many Gifts and Possessions to all such as should faithfully adhere to him upon this all those Noblemen and Castellans who had continued firm to his Father stood the more close and faithful to him Lewis and his Adherents Excommunicated and every one prepared to fortify his Castles as well as he could and they were the more encouraged when they saw that Lewis his Accomplices and Favourers were Excommunicated every Sunday and Holy-day All endeavours were used by the Protector the Bishop of Winchester and others to reduce the Barons to their Allegiance and Obedience to their Natural Prince who then wanted One Moneth of the age of Ten years In whose Name they wrote to * Append. N. 143. Hugh de Lacy and gave him a safe Conduct to return to his Fealty and Service and that he might come to speak with the King and return safely and promised him the Restitution and injoyment of all his Rights and Liberties if he complyed with that invitation which bears the Earls Teste and is Dated November 18 the First of his Reign When Lewis and the Barons who besieged Dover Castle heard certainly that
to the Archbishoprick of Canturbury John Blundus a Student in Divinity at Oxford was elected Archbishop of Canturbury and this year about the beginning of April the Pope voided his Election because he had given 1000 Marks of Silver to the Bishop of Winchester for his promotion to the Archbishoprick Soon after [1] fol. 386. n. 10. The Earls and Barons refuse to obey the Kings Summons ●he King summoned all the Earls and Barons of the Kingdom to meet him at Oxford on the Feast of St. John Baptist but they refused to obey his Summons both because they feared and hated the Forreigners which were placed about him Then he was advised to send out a Second and Third Summons to try whether they would come or not to Westminster on the 11th of July [2] Ibid. n. 30. They pretend fear of Strangers that were insensibly landed in the Nation and promised by their Counsel to reform whatever was amiss But when the Great Men heard that upon the Kings invitation many Strangers in small numbers with Horse and Arms were landed in England Paulatim applicuerunt in Regnum and seeing not the least prospect of accommodation they laid aside all thoughts of meeting the King on the day appointed and by Solemn Messengers declared unto him Their Insolent Message to the King That unless forthwith the Bishop of Winchester and the Poictovins were removed from his Court they would by the Common Counsel of the Kingdom force both him and his evil Counsellors out of the Realm and would Treat about creating a new King Ipsi omnes de communi Consilio totius Regni ipsum cum iniquis Consiliariis suis a Regno depellerent de novo Rege creando contrectarent The [3] Ibid n. 40 The Bishop of Winchesters advice to the King King and the Court being startled at this Message He was advised by the Bishop of Winchester to reduce his rebellious Subjects by force and dispose of their Castles and Lands to the Poictovins who would defend the Kingdom of England from his Traytors Qui Regnum Angliae a suis proditoribus tuerentur The First that fell under the King's displeasure was Gilbert Basset a Nobleman who applying himself to the King for a Manner he had taken from him was called Traytor and threatned if he did not depart the Court he should be hanged The next was Richard Sward a Knight who had Married Gilberts Sister or Neice The King commanded him to be apprehended and brought before him and from every Noble or powerful Man he suspected He required pledges for their Fidelity and by his Letters ordered them to be presented to him before the beginning of August On the First of August the [4] fol. 387. lin 3. The Earls and Barons come Armed to London The Earl Mareschal retired into Wales Earls and Barons came with a great number of Armed Men In magno Militi● apparatu to London to a Conference or Parlement Ad Colloquium according to the day prefixed But Richard Earl Mareschal having received advice from his Sister Isabel Wife to the Earl of Cornwal the Kings Brother at whose House he lodged in London that snares were laid for him retired into Wales But the Earls of Chester Lincoln Ferrars and Earl Richard the Kings Brother with many other Earls and Barons came thither but nothing was done because Earl Mareschal and Gilbert Basset were absent Then the King by the advice of the Bishop of Winchester and Stephan Segrave [5] Ibid. n. 20. The King summoned all that ought him Military Service to meet him at Glocester Upon their refusal they are proscribed and Treated as Traytors summoned all that ought him Military Service to come to Glocester on the Sunday before the Assumption of the Blessed Virgin that is the 15th of August with Horse and Arms. But Richard Mareschal and others who were confederated with him refused to come Upon this the King as if they had been Traytors burnt their Towns destroyed their Parks and Warrens and besieged their Castles and without judgment of his Court or their own Peers proscribed them and disposed of their Lands to the Poictovins and commanded their Bodies should be taken where ever they were found in the Kingdom The [6] Ibid. n. 30. Several of the Nobility deserted the Mareschal Bishop of Winchester by 1000 Marks gained the Earls of Chester and Lincoln to the Kings ●de the Earl of Cornwal had before left the Mareschal and returned to his Brother When the Mareschal saw himself deserted by the aforesaid Earls he entred into a Confederacy with Leolin Prince of Wales and other chief Men of that Countrey He confederated with Leolin Prince of Wales and entred into an Oath to make no Peace but by general consent Then the King [7] fol. 388. lin 1. The King besieged one of the Mareschals Castles but without success It is delivered upon condition to be restored in Fifteen days defied him by the Bishop of St. Davids and commanded his Army to March against him and besiege his Castles one of which was so well defended that the King feared he should be baffled and with disgrace forced to raise the Siege whereupon he sent some Bishops to the Earl to offer him that if he would surrender the Castle to the King it should be restored entirely again within Fifteen days to him and he would correct what was amiss in his Kingdom by the Counsel of his Bishops who should be his Sureties Upon these Conditions the Castle was delivered to him and the day appointed for the doing of these things was the Sunday next after Michaelmass-day When the [8] Ibid. n. 50. The Mareschal demands restitution of his Castle The Kings Answer Fifteen days were expired the Mareschal according to agreement and Oath expected the restitution of the Castle and sent to the King to demand it but the King answered he would not restore it but would endeavour to subdue his other Castles The Mareschal seeing neither Promises nor Oaths were observed by the Kings Counsellors besieged the Castle and without difficulty gained it On the 9th of October [9] fol. 389. lin 1. The Great Men and Preaching ●y●rs supplicate the King to be reconciled to hi Nobility the Great men met the King at Westminster to reform what was amiss in the Kingdom according to appointment who humbly supplicated him to be reconciled to his Barons and Nobles also the Preaching Fryars and Minors whom the King much reverenced exhorted him to extend his affection to his Native Subjects and not to Banish Spoil and destroy them without Legal Process and not to call them Traytors who endeavoured the Peace and by whose Counsels the Management of the Affairs of the Kingdom ought to be directed To this the Bishop of Winchester replyed [1] Ibid. n. 10. The Bishop of Winchesters Reply The Bishops threatened to Excommunicate him and the rest of the Kings Counsellors He slighted their Threats and appealed to
Spiritual Causes Also concerning Clercs for Crimes imposed upon them by Laics In the beginning of Lent the forementioned [6] fol. 728. n. 20 30 40 50. The Abbat of St. Albans cited to London by the Popes Collector John a Minorite Demanded of the Church of St. Albans 400 Marks the Second time and by Virtue of his Authority cited the Abbat of St. Albans to appear at London three Days after either in Person or by his Proxy to satisfy the Popes Demands that were lately made to him The Abbat sent his Archdeacon to appear for him at the day appointed He Appeals to the Pope who after he had demanded and with difficulty obtained a Copy of the Brief Answered That the Abbat designed to send special Messengers to Rome to acquaint the Pope with these grievances and for remedy appealed to him because [7] fol. 729. n. 30 40 50. But without Remedy both the Abbat and Convent thought they should meet with more favour from the Pope than they could expect from him When they came to Lyons where the Pope then resided They were coldly received and met with great difficulties and some checks Namely That they did not give that respect and pay that reverence which was due to the Popes Messenger and that their Abbat was the only person amongst all the Abbats of England that refused to yield Obedience to his Commands When they saw their entertainment and no remedy to be expected they compounded for 200 Marks and their expences amounted to 100 more Frier John writeth to the Pope for additional Powers When Frier John the Minorite saw the Clergy especially the Abbats so unwilling to yield to his demands He wrote to the Pope to have his power enlarged The Popes Answer together with the Letters of additional powers are in Additament Matt. Par. fol. 159 160. About the same time the King finding the [8] fol. 730. lin 6. The Nobility and Clergy meet the King at Oxford State of his Realm endangered and much impoverished by Papal exactions and the Money carried out of his Kingdom without any advantage to the Church He commanded the whole Nobility of the Kingdom omnem Totius Regni Nobilitatem to meet at Oxford But the Prelates were in a more especial manner called that they might consult how the Church might be relieved from such oppressions as it now lay under But they contrary to all expectation presently consented to a Contribution of 11000 Marks The Prelates consent to contribute 11000 Marks to the Pope and the Clergy were constrained to pay it into the hands of the Bishops of Winchester and Norwich and such as refused were wearied into a compliance by the troubles and damages they received from John the Minorite nor did the Abbat of St. Albans fare the better for that he had sent the Pope fourscore Marks the year before In the year 1248. King Henry [9] Fol. 742. n. 30. kept his Christmass at Winchester with many of his Great men A. D. 1248. Soon after [1] fol. 743. n. 40 50. A Parliament called at London He summoned the Nobility of the whole Kingdom of England to meet him at London Eight days after Candlemass Besides a great Number of Barons Knights Noblemen Abbats Priors and Clercs there came thither Nine Bishops and as many Earls The Arch-bishop of York the Bishops of Winchester Lincoln Norwich Worcester Chichester Ely Rochester and Carlile Earl Richard the Earls of Glocester Leycester Winchester Hertford Roger Bigod Mareschal and Oxford besides the Earls of Lincoln Ferrars Warren and Richmond The Arch-bishop of Canturbury was beyond Sea the Bishop of Durham was infirm and the Bishop of Bath was lately dead When they were assembled the King required of them an Ayd But they [2] fol. 744. line 1. The King required an Aid but is denyed And is reproved by his Great men for miscarriages reproved him for asking it without Blushing as saith the Monk seeing when they granted the last he promised by his Chart he would not any more burthen his Great men Moreover they blamed him for his repeated kindness and Liberality to Forreigners and contempt of his Native Subjects for not encouraging the trade of his own Kingdom [3] Ibid. n. 20.30 for keeping Bishoprics and Abbys void in his own hands To these they added That neither the Justiciary Chancellour or Treasurer were made by the Common Counsel of the Kingdom per Commune Consilium Regni as they * There are no Instances to be found of that in his Predecessors times were in his Predecessors Reigns When the King heard these things [4] Ibid. n. 40. His concern and promise to correct what was amiss he was much concerned and promised that what was amiss should be speedily corrected To which the Vniversity of England Answered That as they had often so they would now patiently wait a short time and see whether he meant as he spake and according as he performed his promise so they would their obedience to him in all things So the further consideration of this Affair was put off till fifteen days after Midsummer At the day [5] fol. 748. n. 30 40 50. appointed The Answer He received the Nobility of all England Nobilitas totius Angliae met at London and were received by the King with this following Speech That they did not treat their King civily but would have him submit to their pleasure and yield to any Terms they should offer him and did deny that Liberty and Authority to him which every Master Exercises in his own Family every Master of a Family may use whose and what Counsel he please The Kings Speech to the Parliament and may put in and put out what Officers he please in his own House which you deny to your King And as Servants ought not to Judge or impose any Difficulties upon their Lord so neither Vassals on their Prince and therefore was resolved neither to remove the Chancellor Justiciary or Treasurer at their pleasure nor to appoint others And then added that he expected from them a pecuniary Ayd for the defence and recovery of his Rights which concerned them beyond the Seas To all which they unanimously Replyed That they would no longer impoverish themselves to enrich Strangers Their Answer and Resolve against granting any Ayd as they had formerly done when they gave money towards his Expedition in Gascoigny and Poictou So the Parlement was dissolved in great disorder without any satisfaction either to the King or themselves But the King was hereby [6] fol. 749. lin 1. The King reduced to great streights reduced to so great necessities that he was constreined to expose to Sale his Jewels Plate and other Vtensils of his House and such Vessels as were curiously wrought and Gilded were Sold not according to their value but weight When the King enquired where he should meet with Buyers it was Answered At London The King replied
or others by them to be appointed in their places And if the three Electors agreed not in the Choice of Counsellors or they agreed not in the Creation of Officers or Disposing of or in Dispatching other Business of the King and Kingdom then what should be ordained by two parts should firmly be observed so as of those two parts one should be a Prelate in Matters concerning the Church And if it should happen that two parts of the nine should not agree in any Business then it was to be determined by the three first Electors or the major part of them And if it shall be thought expedient by the Community of Prelates and Barons that all or any of the three first Electors should be removed and others substituted the King should substitute them by the Advice of the Community of the Earls and Barons All these things the King was to do by the Council of nine in Form as it was to be Subscribed by the King or by them instead of and by Authority of him And this Ordinance was to indure until the Mise made at Lewes should be Completed The Witnesses that set their Hands and Seals to the Ordinance or another Form provided and appointed by the Agreement of All Parties In witness whereof Richard Bishop of Lincoln and Hugh Bishop of Ely Roger Earl of Norfolk and Marescal of England Robert de Veer Earl of Oxford Humfry de Bohun William Montchensey and the Major of London put their Seals to the Writing Done in the Parlement at London in the June 1264. that is according to the Writ directed to the Conservators of the Peace of each County to send four Knights to Treat in Parlement c. on the Octaves of Trinity June the 22d Easter day being that year April the 20th as hath been before noted in the Margin And that this Instrument was ready drawn and that there could be little or no debate about so great and weighty Affair appears clearly by the next [1] Append. n. 214. Nine to be named to the King for his Council Record by which 't is Manifest That the King gave Power to Stephen Bishop of Chichester Simon Montfort Earl of Leycester and Gilbert de Clare Earl of Gloucester and Hertford to name nine as well Prelates as others by whose Advice he would Govern the Nation and commanded them to proceed to the Nomination Which Record is dated June 23d the day after their first Meeting The short Account [2] f. 394. lin 3. Mat. Westminster his Account of this Affair agrees with the Record Mat. of Westminster gives of this Matter in many things agrees with the Records The Prelates Earls and Barons saith he of that party which seditiously held their King Prisoner met at London and unmindful of the Compromise at Lewes the Oath they had taken and their own Salvation bethought themselves of new Ordinances for the Government of the Kingdom And Ordained amongst other things That two Earls and one Bishop Elected by the Community should Choose nine Persons of which three should Assist the King and by the Counsel of those three and nine all the Affairs as well of the Kings Houshold as of the Kingdom should be directed And that what the King should do without the Advice of them at least of the three should signifie nothing And so the Earls of Leycester and Glocester and Bishop of Chichester [3] Ibid. n. 10. The Bishop of Chichester's promised to such as should die fighting against the King who promised all that fought stoutly against the King and were killed in the Battel of Lewes immediate entrance into Heaven were Constituted the three chief Counsellors Then [4] Ibid. lin 16. They send Letters to the Pope's Legat and King of France to acquaint them with their proceedings threatning the King they would choose another and the Prince to keep him perpetually in Prison Commento fraudis consentire coacti sunt they were compelled to consent to this Cheat. Having contrived and perfected these Ordinances they sent [4] Ibid. lin 16. They send Letters to the Pope's Legat and King of France to acquaint them with their proceedings Letters to the Bishop of la Sabina a Cardinal and then the Popes Legat in France and to the Illustrious King of France That they would utterly annul the Compromise made at Lewes and Establish this New Peace made by an Amicable Consent of both Parties And the Bishops of London Winchester and Worcester and some others of the Province of Canterbury earnestly beseeched the foresaid Legat That he would be very ready to promote that Peace And upon the Saturday after the Nativity of the Blessed Virgin which is September the 8th the Bishops of London Worcester and Winchester with Hugh D'espenser Justiciary of England Peter Montfort and Richard de Mepham Arch-Deacon of Oxford were [5] Append. n. 215. Procurators and Commissioners appointed to Treat of the Peace The King to be obliged to whatever Peter Montfort should swear Constituted Procurators and Commissioners to treat in the presence of the Magnificent Prince the Illustrious King of France and the venerable Father G. Bishop of la Sabina and Legat of the Apostolic See or either of them about the Reformation of the State of the Kingdom of England with Power to do whatever they thought fit in this Matter and give Security for the Performance of it with a special Clause of Power to Peter Montfort that what he should swear to the King must be obliged to it What these Commissioners did I find not 't is probable the Barons kept themselves to the Instrument of Government made at London without Alteration About the beginning of this 48th year of this King Montfort and his Confederates had caused it to be spread abroad That he intended to bring an [6] Append. 216. Montfort causeth false reports to be spread of the Kings design And then Taxeth the people Four or five to be sent out of every Town to the Sea-side The Kings endeavour to undeceive his people Army of Strangers into the Kingdom to destroy the Nation and ordered the Matter so as the People by a voluntary Contribution taxed themselves or submitted to a Tax which was Imposed upon them without the Kings Privity or Knowledge especially in Warwic and Leycestershire to maintain four or five men out of every Town to march to the Sea-side and defend the Nation against Strangers And to undeceive the People the King Wrote to all the Sheriffs of England to make Proclamation at the County Courts and in every Hundred and good Town of the County That he intended no such Thing but resolved to Keep the Nation in Peace and commands the People not to believe any such Suggestions nor to pay the Taxes and Tallages made o● imposed on them against their Leige Lord nor to Arm themselves nor go out of their County without his Special Command Montfort continues to create jealousies and fears among the