And now fearing to be punished therefore by order of law, he shewed his
malice against such as had the execution of the same lawes chieflie in
their hands. Herevpon he tooke prisoner Henrie Braibroke, one of the
kings iustices of his bench, and led him to his castell of Bedford, and
there shut him vp close as his lawfull prisoner. Indéed the said Henrie
de Braibroke, with Martine de Pateshull, Thomas de Multon, and other
of the kings iustices were come to kéepe their circuit at Dunstable.
Where, vpon information giuen and presented before them, Fouks de Brent
was condemned to the king in great summes of monie. Wherewithall this
Fouks tooke such indignation and displeasure, that he commanded his men
of warre which laie in the castell of Bedford, to ride vnto Dunstable,
and there to apprehend the said iustices, and to bring them vnto
Bedford, where (as he said) he meant to commen further with them. But
they hauing knowledge of his purpose, fled quicklie out of the towne,
séeking to escape euerie man which waie he might best deuise. Howbeit,
the souldiers vsed such diligence, that Henrie de Braibroke fell into
their hands, & and so was brought captiue to Bedford as their maister
had commanded them.
[Sidenote: Bedford castell besieged.]
The king aduertised hereof by the gréeuous complaints of his subiects,
was as then at Northampton (where he had assembled his parlement) and
thervpon hauing gathered spéedilie a power, with all expedition he
hasted towards Bedford. At his comming thither, he besieged the castell
on ech side, and at length after two moneths, though not without much
adoo, he wan it, and hanged them all which taken within, being in
number 80 or aboue: and amongst other William de Brent, the brother
of the said Fouks was one. There were but thrée that escaped with
life, who were pardoned, vpon condition they should passe into the
holie land, there to serue among the Templers. The siege began on the
Ascension éeuen, and continued till the 15 daie of August, being the
feast daie of the assumption of our ladie.
[Sidenote: He was in the borders of Wales, where the earle of Chester
was lord.]
Fouks himselfe, whilest the siege continued, laie aloofe in Cheshire,
and on the borders of Wales, as one watching to doo some mischiefe:
but after the castell was woone, he got him to Couentrie, and there
was yer long apprehended, and brought to the king, of whom he obteined
pardon of life, but yet by the whole consent of the nobles and péeres
of the realme, he was exiled the land for euermore, and then went to
Rome, where he knew to purchase his pardon easilie inough for mony, of
crime whatsoeuer he should be iudged culpable. His wife, bicause she
neuer consented to his dooings, nor yet willinglie to the marriage had
betwixt hir and him, was acquited of all blame, and so likewise was his
sonne Thomas.
[Sidenote: The end of Fouks de Brent.]
Howbeit at length the foresaid Fouks, hauing obteined his purpose
at Rome (by meanes of his chapleine Robert Paslew an Englishman,
who was his sollicitor there) as he returned towards England in the
yeare insuing, was poisoned and died by the waie, making so an end
of his inconstant life, which from the time that he came to yeares of
discretion was neuer bent to quietnes. Which may be reported of him
not to his honour or renowme (for alas what fame is gotten by giuing
occasions of euill) but to his euerlasting shame and infamie, for the
same shall neuer die, but remaine in perpetuall memorie, as one saith
right well,
[Sidenote: _Plaut. in Persa._]
Hominum immortalis est infamia,
Etiam tunc viuit cùm esse credas mortuam.
But now to leaue these things and returne to the dooings in France
where we left. Ye shall vnderstand, that after Sauerie de Mauleon was
reuolted to the French king, the said king with all spéed determined to
make warre vpon king Henrie, and to win from him certeine townes and
fortresses within the countrie of Poictou.
[Sidenote: _Dunstable._]
The French writers affirme, that king Lewes recouered out of the
Englishmens hands the townes of Niort, S. Iohns d'Angeli, & Rochell,
before Sauerie de Mauleon reuolted from the French part. In déed, the
chronicle of Dunstable saith, that after the truce tooke end, this
yeare the French king raised an armie, and tooke Niort, and after they
of S. Iohn d'Angeli submitted themselues vnto him. From whence he went
to Rochell, within the which at that present was the said Sauerie de
Mauleon with seuentie knights, and Richard Graie, with Geffrey Neuill,
who had in their retinue sixtie knights. These with the forces of the
towne sallied foorth, & encountring with the French armie, slue manie
of their aduersaries, and lost some of their owne people. Yet after
this, the French K. besieged the towne, and in the end wan it, whilest
the king of England being occupied about the besieging of Bedford
castell, neglected to send them within Rochell necessarie succours.
[Sidenote: The Poictouins send to king Henrie.]
[Sidenote: Rochel woon.]
But Polydor Virgil writeth, that now after that Sauerie de Mauleon was
become the French king his man, the Poictouins sent vnto king Henrie,
signifieng, that they were readie to reuolt from the French kings
subiection, and yéeld themselues vnto him, if he would send vnto them
a power of men to defend their countrie from the French men. Now king
Henrie hauing receiued these letters, interteined them that brought
this message verie courteouslie, and promising them to send ouer aid
with all expedition, he caused his nauie to be made readie for that
voiage. In the meane time the French king sent foorth an armie vnder
the leading of Sauerie de Mauleon, who then tooke Niort and Rochell,
placing in the same sundrie garrisons of souldiers, but chéefelie he
fortified Rochell, which had béene long in the Englishmens hands, and
alwaies serued them to verie good purpose, for the handsome landing of
their people, when any occasion required. The French king therefore
hauing got it, fortified it, and meant to kéepe it, to the intent the
Englishmen should not haue hereafter in time of warre, so necessarie a
place for their arriuall in those coasts.
[Sidenote: _Matth. Paris._]
[Sidenote: An. Reg. 9.]
[Sidenote: A parlement.]
[Sidenote: 1225.]
[Sidenote: A fiftéenth granted to the king.]
[Sidenote: Magna Charta and Charta de Forresta confirmed.]
King Henrie holding his Christmasse at Westminster, called his high
court of parlement there the same time, and demanded a reléefe of
monie, toward the maintenance of his warres in France, and had granted
to him the fiftéenth penie in value of all the mooueable goods to be
found within the realme, as well belonging to the spiritualtie as
temporaltie, but vnder condition that he should confirme vnto his
subiects their often demanded liberties. The king vpon desire to haue
the monie, was contented to condescend vnto their requests, and so the
two charters were made, and by the king confirmed, the one intituled
Magna Charta, & the other Chart de Forresta. Thus at this parlement
were made and confirmed these good lawes and laudable ordinances, which
haue béene from time to time by the kings and princes of this realme
confirmed, so that a great part of the law now in vse dependeth of the
same. The same charters also were directed and sent foorth into euerie
countie within the realme to be proclaimed.
[Sidenote: Forrests.]
It was moreouer decréed, that at a certeine daie after Easter, there
should be an inquisition taken by the inquest of a substantiall iurie,
for the seuering of forrests, the new from the old, so as all those
grounds which had béene made forrests, since the daies of king Henrie
the grandfather of this Henrie the third, should be disforrested. And
therevpon after Easter, Hugh de Neuill, and Brian de Lisle, were sent
foorth as commissioners, to take that inquisition. By force whereof,
manie woods were asserted and improoued to arable land by the owners,
and so not onelie men, but also dogs, which for safegard of the game
were accustomed to lose their clawes, had good cause to reioise for
these confirmed liberties.
[Sidenote: _Matth. Paris._]
[Sidenote: _Polydor._]
[Sidenote: Thrée hundred saith Gaguin.]
[Sidenote: Townes woon by the Englishmen.]
[Sidenote: The earle of Marsh, saith _Matth. Paris._]
In the meane time, and about the feast of the purification, king Henrie
(hauing iust occasion to pursue the warre, for recouerie of those
townes taken, as before you haue heard by the Frenchmen) sent ouer
his brother Richard, whom he had made earle of Cornewall and Poictou,
with a mightie nauie of ships vnto Gascoigne. This earle, hauing in
his companie the earle of Salisburie, Philip de Albenie, and others,
with prosperous wind and weather arriued at Burdeaux with foure hundred
sailes, and there landing his men, went straight vnto the towne of
saint Machaire, situated vpon the banke of Garon, where, vpon his first
comming, he gat the castell, and sacked the towne, and then passing
further, wan diuerse other townes, as Longuile, Bergerat, and other,
and after went with great diligence to besiege and recouer Rochell, or
rather Rioll. The French king aduertised of the earls arriuall, and
of these his atchiued enterprises, sent foorth by and by the earle of
Champaigne with a mightie armie into Guien to aid his people there.
[Sidenote: The Frenchmen taken at aduantage.]
[Sidenote: The earle of Cornewall raiseth his siege from the Rioll.]
[Sidenote: The death of the earle of Salisburie.]
[Sidenote: _Matth. Paris._]
The earle of Cornewall vnderstanding of the comming of that French
armie, tooke a part of his host, and therewithall went to méet his
enimies, and lieng in ambush for them by the way, had them at a good
aduantage, and slue great numbers of them. After this, the earle of
Champaigne kéeping his men within their trenches and campe, without
attempting anie other exploit, the earle of Cornewall thought it
sufficient, if he might kéepe the Gascoignes in obedience, which had
alreadie practised a rebellion, by sending letters and messengers for
the same intent vnto the French king, and therefore breaking vp his
siege before the Rioll, he staied a while from exploiting any further
enterprise. About the same time, the earle of Salisburie returning
homwards out of Gascoigne, was so tossed and turmoiled on the seas by
tempests of weather, that he fell sicke therof, and within a few daies
after his arriuall died.
[Sidenote: Préests concubines forbidden christian buriall.]
¶ This yeare also, there came foorth a decrée from the archbishop
of Canturburie, and his suffragans, that the concubines of préests
and clearkes within orders (for so were their wiues then called in
contempt of their wedlocke) should be denied of christian buriall,
except they repented whilest they were aliue in perfect health, or
else shewed manifest tokens of repentance at the time of their deaths.
The same decrée also prohibited them from the receiuing of the pax at
masse time, & also of holie bread after masse, so long as the préests
kept them in their houses, or vsed their companie publikelie out of
their houses. Moreouer, that they should not be purified when they
should be deliuered of child, as other good women were, vnlesse they
found sufficient suertie to the archdeacon, or his officiall, to make
satisfaction at the next chapter or court to be holden, after they
should be purified. And the préests should be suspended, which did
not present all such their concubines as were resident within their
parishes. Also, all such women as were conuict to haue dealt carnallie
with a préest were appointed by the same decrée to doo open penance.
Where the question may be asked, whether this decrée was extended to
préests wiues or no? Wherevnto answer may be made, that as a quadrangle
in geometrie compriseth in it a triangle, and a quaternion in
arithmetike conteineth a ternion; so in logike a vniuersall proposition
comprehendeth a particular. But it is said here, that all such women
as had carnal knowledge with a préest, were to be punished, therefore
some, and consequentlie all préests wiues. But yet this séemeth not to
be the meaning of that decrée, for préests were allowed no wiues, naie
Sericius the pope iudged that all such of the cleargie as had wiues
could not please God, bicause they were in carne, which words he and
the residue of that litter restreined to marriage, admitting in no
case that churchmen should inioy the rights of matrimonie. Wherin they
offer God great iniurie, in séeking to limit that large institution of
wedlocke, wherein all estates are interressed; and they séeme likewise
to bridle nature, and to compell hir within certeine precincts, wherein
they offer intollerable iniurie to all mankind, considering that
----ad venerem compellimur exercendam
Non modò nos, verùm omne animal, terræq; marísq;
Naturæ imperio: facias peiora necesse est,
Si non foeminei sorberis ab ore barathri.
[Sidenote: An. Reg. 10.]
[Sidenote: A legat from the pope.]
[Sidenote: _Matth. Paris._]
This yeare, or (as some saie) in the next, the king granted to the
citizens of London frée warren, that is to saie, libertie to hunt
within a certeine circuit about London, & that all weires in the Thames
should be plucked vp and destroied. Also in this tenth yeare of his
reigne, king Henrie granted to the citizens of London, that they might
haue and vse a common seale. About the time of the making of which
ordinances, Otho the cardinall of S. Nicholas in Carcere Tulliano came
as legat from pope Honorius into England to king Henrie, presenting him
with letters from the pope. The tenour whereof when the king had well
considered, he declared to the legat, that without the whole assent of
the estates of his realme, he could doo little in that which the pope
as then required.
[Sidenote: A parlement called.]
Herevpon therefore he caused a parlement to be summoned at Westminster,
there to be holden in the octaues of the Epiphanie: this legat also
mooued the king in the behalfe of Fouks de Brent, that he might be
restored to his possessions, and inioy his wife as before time he had
doone: but the king declared that for his manifest treason committed
he was iustlie exiled, and not onlie by his, but by the sentence of
the nobles and other estates of the whole realme: which answer when
the legat had heard, he left off to solicit the king for Fouks, and
from thencefoorth talked no more of that matter. Shortlie after by waie
of proxie, the said legat gathered a dutie which he claimed of the
spiritualtie, that was of euerie conuentuall church within the realme
two markes of siluer.
[Sidenote: 1226.]
[Sidenote: The king is sicke.]
In this yeare the king held his Christmasse at Winchester, and after
comming to Marlebridge, chanced there to fall sicke, so that he laie in
despaire of life for certeine daies togither. In the meane time also
came the daie appointed for the parlement to begin at Westminster,
where the legat and other of the spiritualtie and temporaltie being
assembled, the said Otho shewed the popes letters, and according to
the tenour and purport of the same, was earnestlie in hand to haue
the priests to grant the yearlie paiment of a certeine pension or
tribute to the pope, towards the maintenance of his estate, which they
generallie denied. When he saw that this bait would not take, he onelie
demanded a tenth part of all their spirituall liuings for maintenance
of the wars against the Saracens, which was easilie granted, as more
reasonable than the first.
[Sidenote: _Matt. Westm._]
[Sidenote: _Matth. Paris._]
[Sidenote: The cardinals request.]
¶ Here by diuerse credible writers of good credit, it should appeare,
that the pope demanded to haue assigned vnto him out of euerie
cathedrall church two prebends, one out of the portion belonging to
the bishop, & an other out of the portion belonging to the deane and
chapiter: and likewise of the abbeies, where there were seuerall
portions, that is to saie, so much of the conuent as belonged to the
finding of one moonke, and as much also of euerie abbats liuing as
should counteruaile the same. The cardinall vsed iollie persuasions to
induce the prelats to assent to this grant, alledging that the church
of Rome was run in great slander for taking of monie in dispatch of
suiters causes, which arose by meanes there was no maintenance of
liuing sufficient for the churchmen there: and therefore he added, how
it was the parts of naturall children to reléeue the necessitie of
their louing mother, and that except the charitable deuotion of them
and other good and well disposed persons were shortlie extended, they
should want necessarie maintenance for the sustentation of their liues,
which shuld be altogither an vnséemlie thing for the dignitie of the
Romane church.
[Sidenote: The answer of Iohn the archdeacon of Bedford.]
The clergie resorting togither to take aduise what answer they should
make, at length vpon their resolute determination, Iohn the archdeacon
of Bedford was appointed to tell the tale for them all: who comming
before the cardinall, declared boldlie vnto him, that the demand which
he had proponed, touched the king especiallie, and generallie all the
nobilitie of the realme, which were patrons of anie churches. He added
furthermore, how the archbishops and bishops, and manie other of the
prelats of England (sithens the king by reason of his sicknesse could
not be there) were also absent, so that they which were there present,
being but as it were the inferiour part of the house, neither might nor
ought to make anie resolute answer as then in this matter. Immediatlie
herewith also came the lord Iohn Marshall, and other messengers from
the king vnto all the prelats that held anie baronies of the king,
streightlie commanding them, that they should in no wise bind and
indanger his lai fée vnto the church of Rome, whereby he might be
depriued of his due and accustomed seruices, and so euerie man herevpon
departed and went home.
[Sidenote: _Fabian._]
[Sidenote: A grant to the citizens of London.]
[Sidenote: _Matth. Paris._]
This yeare, the plées of the crowne were pleaded in the tower of
London. And on the sixtéenth daie of March in this tenth yeare of his
reigne, the king granted by his charter insealed, that the citizens of
London should passe toll frée through all England, and if anie of them
were constreined in anie citie, borough or towne within the realme, to
paie toll, that then the shiriffes of London might attach anie man of
the said citie, borough or towne, where such toll was exacted, being
found within the liberties of London, and him reteine with his goods
and cattels, till the citizens that paid such toll were satisfied, by
restitution of the same, with all costs and charges susteined in the
suit. Howbeit, about the same time, the king constreined the Londoners
to giue vnto him the summe of fiue thousand marks as a fine, for that
they had aided and succoured his aduersarie Lewes against him, and lent
to the said Lewes at his departure out of the realme a like summe. But
it may rather be thought they gaue vnto the king the said fiue thousand
marks for his fauour shewed in granting vnto them the aboue mentioned
fréedome and liberties. At the same time, he had also twelue hundred
pounds of the burgesses of Northampton, besides the fiftéenth, which
not onelie they, but also the Londoners, and all other generallie
through the realme, paid accordinglie as it was granted.
[Sidenote: An. Reg. 11. 1227.]
[Sidenote: A parlement at Oxford. The king of lawfull age.]
[Sidenote: _Matth. Paris._]
[Sidenote: _Polydor._]
[Sidenote: The charters cancelled.]
In Februarie, the king called a parlement at Oxford, in the which
he made open declaration vnto all the assemblie, that he was now of
lawfull age to gouerne of himselfe, without anie to haue rule ouer
him, and so whereas before he was gouerned first by the earle of
Penbroke lord protectour, whilest he liued, & after by the bishop of
Winchester and others, he now remooued them from him by the counsell
of the lord chéefe iustice, taking the regiment wholie to himselfe, &
to such as should please him from thencefoorth to appoint. Also in the
same parlement, he did cancell and disanull the two charters before
mentioned, after that the same had béene vsed through the realme for
the space of two yeares, pretending them to be of no value sith they
were sealed and signed whilest he was vnder age. This déed of the
king was gréeuouslie taken, and all the blame put in the lord chiefe
iustice. Herewith all such also as claimed anie manner charters of
liberties, were appointed to remooue the same (a practise onelie to
get monie) and to get them confirmed with the kings new seale, the old
being made void and pronounced of none effect.
[Sidenote: The death of Lewes the French king.]
[Sidenote: The earle of Marsh commeth ouer to the king and offereth
him his seruice.]
[Sidenote: _Polydor._]
In this yeare died the French king Lewes the eighth, and his son Lewes
the ninth sucéeded him, a child of twelue yeares of age, by reason of
whose infancie diuerse péeres of the realme began to withdraw their
obedience from him, as Theobald earle of Champaigne, Hugh earle of
Marsh, and Peter duke of Britaine. Howbeit, the earle of Champaigne was
easilie reduced againe to his former obedience, by the high wisedome
and policie of the quéene mother, who had the gouernement of hir sonne
the yoong king and his realme committed vnto hir. But the earle of
Marsh constant in his purpose, came ouer to king Henrie, whose mother
he had married, and declared vnto him, that now was the time for him
to recouer those places, which king Philip had vniustlie taken from
his father king Iohn: and to bring the same to passe, he offered
himselfe and all that he could make, in the furthering of this voiage.
The K. being thus pricked forward with the earle of Marsh his words,
determined without delaie to take in hand the warre.
[Sidenote: _Matth. Paris._]
[Sidenote: Ambassadors sent into France.]
[Sidenote: _Polydor._]
¶ Here authors varie, for some write, that king Henrie sent ouer
certeine persons, as the archbishop of Yorke, the bishop of Careleill,
and the Lord Philip Dalbenie, to vnderstand the minds of the Normans,
the Britains and Poictouins. And for that those that were sent, brought
word againe that the said people were not greatlie minded to forsake
the French gouernment, he surceassed from attempting any exploit at
that time. Others write, that gathering a great summe of monie of his
subiects, towards the maintenance of his charges, he prepared a nauie
of ships, and sailed ouer with the said earle of Marsh into Britaine,
and there wasted the confines of the French dominions, and that when
the French king was readie with an armie to succour his subiects, he
suddenlie retired to his ships, and returned into England, without
atchiuing anie enterprise worthie of remembrance, so that whether he
went himselfe or sent, it forceth not: for certeine it is that he
profited nothing at that seson, either by sending messengers to procure
him fréendship, or by going ouer himselfe to make an entrie to the
warres.
[Sidenote: The earle of Cornewall returneth home.]
[Sidenote: _Matth. Paris._]
[Sidenote: The earle of Cornewall.]