should be chosen by the generall voices of the states assembled, and
bicause it was néedfull that they should be oftentimes with the king,
it was thought they might be chosen out of the number of those foure
aboue rehearsed conseruators of iustice. And if the king at anie time
chanced to take the seale from the lord chancellour, whatsoeuer writing
were sealed in the meane time should be of none effect. They aduised
also, that there should be two iustices of the benches, two barons of
the excheker, and one iustice for the Iewes; and these for that present
to be appointed by publike voices of the states, that as they had to
order all mens matters and businesse, so in their election the assents
of all men might be had and giuen: and that afterwards, when vpon anie
occasion there should be anie elected into the roome of anie of these
iustices, the same should be appointed by one of the afore mentioned
foure councellors.
[Sidenote: The pope sendeth for some aid of monie to mainteine wars
against the emperour.]
[Sidenote: Escuage gr[=a]ted the king.]
But as the Nobles were busie in thrée wéekes space about the deuising
of these ordinances and other, to haue béene decréed as statutes, the
enimie of peace and sower of discord, the diuell, hindred all these
things by the couetousnesse of the pope, who had sent his chapleine
master Martin, with authoritie to leuie also an aid of monie for his
néed to mainteine his wars withall against the emperour; and the
emperour on the other part sent ambassadours to the king, to staie him
and his people from granting anie such aid vnto the pope: so that there
was no lesse hard hold and difficultie shewed in refusing to contribute
vnto this demand of the popes Nuncio, than vnto the kings. At length
yet in another sitting, which was begun thrée wéekes after Candlemasse,
they agréed to giue the king escuage to run towards the marriage of
his eldest daughter, of euerie knights fée holden of the king twentie
shillings to be paid at two termes, the one halfe at Easter, and the
other at Michelmasse.
[Sidenote: The K. with an armie goeth towards Scotland.]
[Sidenote: The king of England and Scotland made fréends.]
After this, the king minding to inuade the Scots, caused the whole
force of all such as ought to serue him in the wars to assemble, and
so with a mightie host he went to new castell vpon Tine, meaning from
thence to inuade the same, in reuenge of such iniuries as the Scots had
doone vnto him and his subiects, and namelie, for that Walter Cumin a
mightie baron of Scotland and other noble men had built two castels
néere to the English confines, the one in Galowaie, and the other in
Louthian, and further had receiued and succoured certeine rebels to
the king of England, as Geffrey de Marisch or Mareis an Irish man,
and others. The king of Scots was aduertised of king Henries approch,
and therefore in defense of himselfe and his countrie, had raised an
huge armie. Herevpon certeine noble men vpon either side, sorie to
vnderstand that such bloudshed should chance as was like to follow (and
that vpon no great apparant cause) if the two kings ioined battel,
tooke paine in the matter to agrée them, which in the end they brought
to passe, so that they were made fréends and wholie reconciled. There
was a publike instrument also made thereof by the king of Scots vnto
king Henrie, signed with his seale, and likewise with the seales of
other noble men, testifieng his allegiance which he owght to the king
of England, as superiour lord, in forme following.
The charter of Alexander king of Scotland made to Henrie the third.
Alexander Dei gratia rex Scotiæ, omnibus Christi fidelibus hoc
scriptum visuris vel audituris, salutem. Ad vestram volumus venire
notitiam, nos pro nobis & hæredibus nostris concessisse, & fideliter
promisisse charissimo & ligio domino nostro Henrico tertio Dei gratia
regi Angliæ illustri domino Hiberniæ, duci Normaniæ & Aquitaniæ, &
comiti Andegauiæ, & eius hæredibus, quòd in perpetuum bonam fidem ei
seruabimus, pariter & amorem. Et quòd nunquam aliquod foedus iniemus
per nos vel per aliquos alios ex parte nostra, cum inimicis domini
regis Angliæ vel hæredum suorum, ad bellum procurandum vel faciendum,
vnde damnum eis vel regnis suis Angliæ & Hiberniæ, aut cæteris terris
suis eueniat, vel possit aliquatenus euenire: nisi nos iniustè
grau[=e]t: stantibus in suo robore conuentionibus inter nos & dictum
dominum regem Angliæ initis vltimo apud Eboracum in præsentia domini
Othonis tituli S. Nicholai in carcere Tulliano, diaconi cardinalis,
tunc apostolicæ sedis legati in Anglia. Et saluis conuentionibus super
matrimonio contrahendo inter filium nostru & filiam dicti domini regis
Angliæ.
Et vt hæc nostra concessio & promissio pro nobis & hæredibus nostris
perpetuæ firmitatis robur obtineant, fecimus iurare in animam
nostram Alanum Ostiarium, Henric[=u] de Baliol, Dauid de Lindesey,
Wilhelmum Gifford, quòd omnia prædicta bona fide firmiter & fideliter
obseruabimus. Et similiter iurare fecimus venerabiles patres, Dauid,
Wilhelmum, Galfridum, & Clementem sancti Andreæ Glasconiensem,
Dunkeldensem, Dublin[=e]sem episcopos: & præterea Malcolmum comitem de
Fife, fidelis nostros, Patricium comitem de Dunbar, Malisium comitem de
Strathern, Walterum Cumin comitem de Menteth, Wilhelmum comitem de Mar,
Alexandrum comitem de Buchquhan, Dauid de Hastings comitem de Athol,
Robertum de Bruis, Alanum Ostiarium, Henricum de Baliol, Rogerum de
Mowbray, Laurentium de Abirnethiæ, Richardum Cumin, Dauid de Lindesey,
Richardum Siward, Wilhelmum de Lindesey, Walterum de Morauia, Wilhelmum
Gifford, Nicholaum de Sully, Wilhelmum de veteri Ponte, Wilhelmum de
Brewer, Anselmum de Mesue, Dauid de Graham, & Stephanum de Suningam.
Quòd si nos vel hæredes nostri, contra concessionem & promissionem
prædictam (quod absit) venerimus, ipsi & hæredes eorum nobis &
hæredibus nostris nullum contra concessionem & promissionem prædictam
auxilium vel consilium impendent, aut ab alijs pro posse suo impendi
permittent. Imò bona fide laborabunt erga nos & hæredes nostros, ipsi
& hæredes eorum, quòd omnia prædicta à nobis & hæredibus nostris nec
non ab ipsis & eorum hæredibus firmiter & fideliter obseruentur in
perpetuum. In cuius rei testimonium tam nos quàm prædicti prælati,
comites & barones nostri præsens scriptum sigillorum suorum appositione
roborauimus. Testibus prælatis, comitibus & baronibus superiùs
nominatis, Anno regni nostri, &c.
The same in English.
Alexander by the grace of God, king of Scotland, to all faithfull
christian people that shall sée or heare this writing, sendeth
gréeting. We will that it be knowne to you, that we for vs and our
heires haue granted and faithfullie promised to our most deare and
liege lord Henrie the third, by the grace of God, the noble king of
England, lord of Ireland, duke of Normandie and Guien, and earle of
Aniou, and to his heires, that we will beare and kéepe vnto him good
faith and loue for euer, and that we shall not enter into any league
with our selues, or by others in our behalfe with the enimies of our
said souereigne lord the king of England, or of his heires, to procure
or make warre, whereby any damage may happen to come to them or to
their kingdoms of England and Ireland, or to their other lands, except
vniustlie they doo molest and oppresse vs. The couenants alwaies
standing in force, which were concluded betwixt vs at our last being
togither at Yorke, in the presence of Otho decon cardinall of saint
Nicholas In carcere Tulliano, then legat of the sée apostolike in
England, and sauing the couenants made vpon the contract of the mariage
betwixt our sonne & the daughter of the said king of England.
[Sidenote: The lords sweare to sée the couenants performed.]
And that this promise and grant for vs and our heires may haue the
force and confirmation of an euerlasting assurednesse, we haue caused
these to sweare on our behalfe: Alan Porter, Henrie de Balioll, Dauid
de Lindesey, Wil. Gifford, that we shall in good faith obserue all the
premisses faithfullie and substantiallie, and we haue likewise caused
to sweare the reuerend fathers, Dauid, William, Geffrey, & Clement,
Bishops of S. Andrewes, Glascew, Dunkeld, and Dublane: and furthermore
our faithfull subiects Patrike earle of Dunbar, Malcolme earle of Fife,
Malisius earle of Stratherne, Walter Cumin earle of Menteth, William
earle of Mar, Alexander earle of Buchquhan, Dauid de Hastings earle
of Athol, Robert de Bruis, Alan Porter, Henrie de Balioll, Roger de
Mowbraie, Laurence de Abirnethi, Richard Cumin, Dauid de Lindesey,
Richard Siward, William de Lindesey, Walter de Murraie, William de
Gifford, Nicholas de Sully, William de Veipont, William de Brewer,
Anselme de Mesue, Dauid de Graham, and Stephan de Suningham.
And if that either we or our heires, against the foresaid grant and
promise, shall doo anie thing to the breach therof (which God forbid)
they and their heires shall not imploie either aid or counsell against
the said grant and promise, nor shall suffer other to imploie any such
aid or counsell, so far as they may hinder them therein: yea rather
they and their heires shall in good faith and plaine meaning endeuour
against vs and our heires, that all the premisses may firmelie and
faithfullie be obserued and kept of vs and our heires, and likewise
of them and their heires for euer. In witnesse whereof as well we our
selues, as the said prelats, our earles and barons haue confirmed this
writing by putting their seales vnto the same, the prelats earles and
barons before rehearsed béeing true witnesses therevnto, In the yeare
of our reigne, &c.
* * * * *
The seales of king Alexander himselfe, of William de Brewer, William de
Veipont, William de Lindesey, Stephan de Suningham, and the seales of
the rest were set to afterwards, and the writing sent ouer to the king
of England at Christmasse next insuing, by the prior of Tinmouth, who
had trauelled diligentlie and faithfullie in this negotiation to the
honour of both parts. This writing also was sent to the pope, that he
might confirme the same in manner as followeth.
A request made to the pope that he would vouchsafe to confirme the
foresaid charter.
Sanctissimo In Christo patri I. Dei gratia summo pontifici, Alexander
eadem gratia rex Scotiæ, comes Patricius, comes de Strathern, comes
Leuenox, comes de Anegui, comes de Marra, comes de Atholia, comes
de Ros, comes de Catnes, comes de Buth, Rogerus de Mowbray, Rogerus
de Abirnethiæ, Petrus de Mauuere, Richardus Cumin, Wilhelmus de
veteri Ponte, Robertus de Bruis, Rogerus Auenel, Richardus de Sully,
Wilhelm. de Murray de Dunfel, Wilhelmus de Muref de Petin, Iohannes
Biset iuuenis, Wilhelmus de Lindesey, Iohannes de Vallibus, Dauid de
Lindesey, Wilhelmus Gifford, Duncanus de Ergatilia, I. de Matreuers,
Hemerus filius eius, Rogerus comes Wintoniensis, H. comes Oxoniensis,
W. de Vescy, Richardus Siward, Wilhelmus de Ros, Rogerus de Clere,
Henricus filius comitis de Brettere, Eustacius de Stoutville,
Malcolmus de Fif come de Mentethshire, Walterus filius Alani, Walterus
Olifar, Barnardus Fraser, Henricus de Bailliol, Dauid Cumin, Dauid
Mareschallus, Dauid filius Ranulfi, Wilhelmus de Fortere, Ioannes
de Bailliol, & Robertus de Ros, salutem & debitam cum omni honore
reuerentiam.
Sanctitati vestræ significamus, nos sacramentum corporaliter
præstitisse coram venerabili patre Othone, tituli S. Nicolai in
carcere Tulliano diacono cardinalium, in Anglia, Scotia, & Hibernia,
nunc Apostolicæ sedis legato, ac chartam nostram confecisse, quæ ita
incipit: Sciant præsentes & futuri, quòd ita conuenit in præsentia
domini Othonis sancti Nicholai, &c. Quæ charta penes dominum regem
Angliæ, & nos remanet chyrographata. Item aliam quæ sic incipit: Ad
omnium vestrum notitiam volumus peruenire. Cum vt ex forma præcedentium
nostrarum pateat obligationum subiecimus nos iurisdictioni vestræ, vt
nos & hæredes nostros, per censuram ecclesiasticam possitis coërcere,
si aliquo tempore contra memoratam pacem venerimus.
Et si nonnunquam continget, quòd quidam nostrum omnes vel vnus
contrauenire temerè præsumpserint vel præsumere nituntur vel nitentur;
& ex hoc tam animabus nostris quàm hæredum nostrorum graue possit
generari periculum, & corporibus nostris & rebus non minimum immineret
detrimentum: sanctæ paternitati vestræ supplicamus, quatenus alicui
suffraganeorum archiepiscopi Cantuariensis detis in mandatis, vt nos
& hæredes nostros ad præfatæ pacis obseruationem compellat, prout in
instrumentis inde confectis pleniùs continetur. Aliàs super eadem pace
quod canonicum fuerit auctoritate vestra statuat contradictores, &c.
Et ad istius petitionis nostræ consummationem præsenti scripto sigilla
nostra apposuimus.
In English thus.
[Sidenote: The letter of the lords to pope Innocent.]
To Our holie father in Christ I. by the grace of God, the highest
bishop, Alexander by the same grace king of Scotland, earle Patrike,
the earle of Stratherne, the earle of Leuenox, the earle of Angus,
the earle of Mar, the earle of Athole, the earle of Ros, the earle of
Catnesse, the earle of Buch, Roger de Mowbray, Laurence de Abirnethie,
Peter de Mauuere, Richard Cumin, William de Veipont, Robert de Bruis,
Roger Auenel, Nicholas de Sulley, William de Murray de Dunfel, William
de Murray de Petin, Iohn Biset the yoonger, William de Lindesey, Iohn
de Valeis, Dauid de Lindesey, William Gifford, Duncan de Ergile, Iohn
de Matreuers, Eimere his sonne, Roger earle of Winchester, Hugh earle
of Oxford, William de Vescy, Richard Siward, William de Ros, Roger de
Clere, Henrie Fitz conte de Brettere, Eustace de Stouteuille, earle
Malcolme of Fife, the erle of Mentethshire, Walter Fitz Alaine, Walter
Olifard, Barnard Fraser, Henrie de Baillioll, Dauid Cumin, Dauid
Mareschall, Dauid Fitz Randulfe, William de Fortere, Iohn de Bailioll,
and Robert Ros, send gréeting and due reuerence with all honour.
We doo signifie vnto your holinesse, that we haue receiued a corporall
oth before the reuerend father Otho, deacon cardinall of S. Nicholas
In carcere Tulliano, legat to the sée apostolike, in England, Scotland
and Ireland, and haue made our charter or déed, which beginneth thus;
Sciant præsentes, &c. Which charter or déed indented and sealed,
remaineth with the king of England, and with vs. Also another déed
or writing that beginneth thus; Ad omnium vestrum notitiam volumus
peruenire. Whereas therefore by the forme of our precedent déeds
obligatorie, we haue submitted our selues to your iurisdiction, that
you may bridle and restraine vs, and our heires by the ecclesiasticall
censures, if at any time we go against the said peace.
And if it happen at any time, that any of vs all, or one of vs,
shall fortune to presume rashlie and vnaduisedlie to go against it,
or be about, or herafter shall be about so to presume, and therby
may procure great perill as well to the soules of our owne selues,
as of our heires, & no small danger may also be readie through the
same our default to light vpon our bodies & goods, we beséech your
holie fatherhood, that you will giue in commandement vnto some of the
suffragans of the archbishop of Canturburie, that he doo compell vs and
our heires vnto the obseruing of the same peace, accordinglie as in
the instruments thereof more fullie is conteined, or else to order by
your authoritie vpon the same peace, that which shall be agréeable to
the canons, &c. And to the performance of this our petition, we haue to
this present writing set our seales.
* * * * *
[Sidenote: The Welshmen stirre coles.]
When all things were throughlie concluded, and order taken in what
sort the assurances of this accord should passe, the king of Scots
returned into the inner parts of his realme, and the king of England
likewise returned to London. At the same time also the Welshmen were
verie busie: for hearing that the kings of England and Scotland were
agréed, they doubted least all the burthen of the warre would be turned
against them. Wherefore (as it were to preuent the matter) they began
to wast the English confines. The king aduertised thereof, sent Hubert
Fitz Matthew with thrée hundreth knights or men of armes to defend the
English marshes against the Welshmen, that made dailie war against
those that dwelled on the marshes, and namelie against the erle of
Herford, which chéeflie occasioned this warre, by deteining the land
which apperteined vnto the wife of prince Dauid, as in the right of hir
purpartie.
[Sidenote: _Matth. Paris._]
[Sidenote: The deceasse of the bishop of Cicester.]
Wherevpon when the Welshmen vnderstood that the king had broken vp
his armie and was returned to London, they inuaded their enimies,
namelie the said earle of Herfords men and the Mortimers, sleaing and
cutting in péeces two valiant and noble knights, and maiming the third,
they slue and ouerthrew of the footbands about an hundred, so that
all the English armie was disordered, and the Welshmen with victorie
returned to their places of refuge. Which when the foresaid Hubert Fitz
Matthew vnderstood, the morrow after he made foorth with his thrée
hundred waged men of armes, in hope to hem in and take the Welshmen
at aduantage: but he was preuented and by them distressed, in so much
that he was constreined with losse of men and horsses to returne to
his holds, and scarse could be suffered to remaine there in safetie.
This yeare Rafe Neuill bishop of Cicester and chancellour of England
departed this life.
[Sidenote: An. Reg. 29. P. V.]
[Sidenote: A subsidie of the richer sort.]
[Sidenote: _Matth. Paris._]
[Sidenote: The citizens of London.]
[Sidenote: The seneshall of Gascoine vanquished the king of Nauarre.]
[Sidenote: Anno, 1242.]
[Sidenote: as _Matt. West._ saith, & _Matth. Paris._]
In the 29 yeare of his reigne, king Henrie hauing spent much treasure
with the great preparation of wars which he had taken in hand against
the Scots, and also bicause he was constreined to be at further charges
for the Welsh wars, he called a parlement to begin on the third daie of
Nouember, in the which he demanded a great reliefe of monie, but the
same being generallie denied of all men, he exacted it in particular of
the richer sort of his subiects, & amongst other he caused the citizens
of London to giue vnto him 15 hundred marks for a fine, bicause they
had receiued a banished man, one Walter Bukerell into their citie,
contrarie to the law and order: but this they denied, affirming that
his brother had got his pardon, as by the kings owne letters patents
they could prooue, but they were answered, that the king was vnder age
when these letters were purchased, and therefore were of none effect.
About the same time, sir Nicholas de Molis or Mules seneshall of
Gascoigne, hauing warres against the king of Nauarre, got the victorie
in battell. ¶ About the midst of Nouember, great thunder and lightning
chanced, with a maruellous vntemperat season for the space of 15 daies
togither, as a signe of some misfortune to succéed.
[Sidenote: 1245.]
On S. Hughs daie died Margaret countesse of Penbroke the widow of
Gilbert Marshall late earle of Penbroke, & sister to the king of Scots,
and shortlie after the bishop of Excester William de Brewer likewise
deceased, as yet being in his florishing age, a man in manners,
parentage, and knowledge right honorable, and highlie commended. ¶ On
the daie of S. Marcellus was the quéene deliuered of a man child, which
at the font was named Edmund.
[Sidenote: Dauid king or prince of Wales.]
In Lent following néere to the castell of Mountgomerie in Wales, thrée
hundred Welshmen were slaine by them that lay in garrison there by a
policie of the capteine, which faining a counterfeited flight, drew
the Welshmen within danger of an ambush, which he had laid to surprise
them vnawares as it came euen to passe according to his deuise. Dauid
that tooke himselfe for king of Wales, coueting to be reuenged of this
displeasure, ceassed not daie nor night to make incursions and to
exploit enterprises to the damage of the marchers, the which valiantlie
resisted the enimies, and droue them oftentimes into the mounteines,
woods, bogs, and other places of refuge, and oftentimes the enimies
hauing the aduantage of place, did much displeasure to the Englishmen.
[Sidenote: Sir Hubert Fitz Matthew slaine.]
[Sidenote: The castell of Monthault taken by the Welshmen.]
[Sidenote: A generall councell.]
Vpon a time as they (being got to the heigth of an hill, to cast downe
stones and throw darts vpon the Englishmen that assailed them beneath)
chanced amongst other to slea with a mightie stone (which they threw
downe by the side of the hill) sir Hubert Fitz Matthew a right valiant
knight, and a man of great accompt for his knowledge and seruice in
warres. Thus the wars continued betwéene the parties, and oftentimes
the Welshmen by the sudden inuasions got the better: their prince
Dauid comming to the castell of Monthault besieged it, and within a
short time wan it, slaieng or taking all those whome he found within
it. The owner thereof the lord Roger de Monthault by chance was not
at home, which happened well for him, where otherwise he had béene in
great danger: but néere to the castell of Mountgomerie the Welshmen
yet were eftsoons ouerthrowne and 200 of them slaine by an ambush that
brake forth vpon their backs. About the middest of Lent the prelats of
England were summoned to come to a generall councell, the which pope
Innocent had appointed to be holden at the feast of S. Iohn Baptist
next following.
[Sidenote: The popes letters staied.]
It chanced that about this time, a post comming from the pope with
letters to his Nuncio maister Martin, conteining instructions how he
should procéed for the gathering of monie, was staied at Douer, by the
practise of such noble men as were gréeued to sée anie such summes of
monie to be conueied out of the realme in sort as was vsed. He was had
into the castell and his letters taken from him, wherein such secrets
were conteined for the getting of monie, as ought not to haue béene
reuealed. Maister Martin hearing that the post was thus staied and
imprisoned, made a gréeuous complaint vnto the king, so that the post
was set at libertie, had his letters to him restored, & so came vnto
master Martin, and deliuered them vnto him that he might vnderstand the
popes pleasure, which others to his griefe vnderstood now as well as
himselfe.
[Sidenote: The valuati[=o] of benefices taken, that perteined to
strangers.]
[Sidenote: This Gilbert was erle of Glocester, Hereford & lord of
Clare.]
[Sidenote: Ambassadors sent to the generall councell.]
[Sidenote: These were barons.]
The king this yeare caused inquisition to be made through euerie
countie within the realme, to vnderstand the true valuation of all
such benefices and spirituall promotions as were in the hands of
anie incumbents that were strangers borne, and such as had béene
preferred by the court of Rome, and the whole summe of all their
reuenues was found to be sixtie thousand marks. On Whitsundaie the
king made the earle of Glocester, Gilbert de Clare knight, and 40
other yoong gentlemen that attended vpon him. And perceiuing by the
late inquisition what great reuenues the beneficed strangers had and
possessed within the realme, and againe considering the excéeding great
summes of monie which the court of Rome had recouered of his subiects,
he began to detest such couetous dealing. And herevpon a letter was
deuised by the whole bodie of the realme, wherein were conteined, the
sundrie extortions and manifold exactions of the popes legats, and
other of his chapleines, which vnder colour of his authoritie they
had vsed. There were appointed also to go with these letters vnto
the generall councell, certeine honorable and discréet personages,
as Roger Bigod earle of Northfolke, Iohn Fitz Geffrey, William de
Cantlow, Philip Basset, and Ralfe Fitz Nicholas, with other, the which
presenting the same letters vnto the said assemblie, should declare
the gréefe of the whole realme, and require some redresse and easement
therein.
[Sidenote: A iusts and tornie appointed, and by the kings commandement
disappointed.]
[Sidenote: Fouke Fitz Warren commandeth the popes Nuncio to auoid the
realme.]