Part 13

Also it was enacted that there should be foure or six substantiall honest men chosen in euerie towne, and likewise in shires, with the head officers of cities and boroughes, which had a corporation, to see that the assises aforesaid were truelie kept, and that if anie were found to be offending in the premisses, to cause their bodies to be attached and commited to prison, and their goods to be seized to the kings vse: and if those that were chosen to haue regard thereto, were tried to be negligent, so that by others, and not by them any offenders chanced to be conuicted before the iustices, then should the regarders be put to their fines, for the negligent looking to their offices.

[Sidenote: 1198.] King Richard held his Christmasse this yeare at Roan, and Hubert the archbishop of Canturburie legat of the apostolike sée, named lord chéefe Justice of England, was about the same time in the marshes of Wales at Hereford, and there receiued into his hands the castels of Hereford, Bridgenorth and Ludlow, remoouing those that had the same in kéeping, and appointing others in their roomes. Afterwards comming by Couentrie, [Sidenote: Moonks placed againe in the church of Couentrie.] he placed the moonks againe in the cathedrall church of that citie, by commandement of pope Celestine, and chased out the secular canons, which the bishop Hugh Nouant had brought into the same church when he remooued the moonks.

[Sidenote: Messengers from the stats of Germanie.] In the Christmasse wéeke also there came messengers to Rouen from the archbishops of Cullen and Mentz, and from other states of the empire, which declared vnto king Richard, that all the princes of Germanie were appointed to assemble at Cullen, the two & twentith of Februarie, about the choosing of a new emperour, in place of the late deceassed Henrie: and therefore they commanded him by force of the oth and league in which he was bound to the emperour and empire, that all excuse of deniall or occasions to the contrarie ceasing and set apart, he should make his repaire vnto Cullen at the aforesaid day, to helpe them in choosing of some worthie personage that might and was able to haue the empire. King Richard doubting to put himselfe in danger, bicause he had not discharged all the debts due for his ransome, staied at home, but yet he sent diuerse noble men thither, and did so much in fauour of his nephue Otho, that by the helpe of the foresaid two archbishops of Cullen and Mentz, the same Otho was elected emperour. But of this matter more shall be said hereafter.

[Sidenote: Three hundred knights of men of armes to be found.] Moreouer, about the same time king Richard required by the archbishop of Canturburie his chéefe iustice, an aid of 300 knights to be found by his subiects of England, to remaine with him in his seruice for one whole yeare, or else that they would giue him so much monie, as might serue to reteine that number after the rate of thrée shillings a daie of English monie for euerie knight. [Sidenote: The bishop of Lincolne.] Whereas all other were contented to be contributors herein, onelie Hugh bishop of Lincolne refused, and spake sore against the archbishop that moued the matter. But how soeuer that request tooke place, king Richard (as we find) leuied this yeare a subsidie of fiue shillings of euerie hide of land within the realme, two commissioners, that is to say, one of the spiritualtie, & a knight of the temporaltie, being appointed as commissioners in euerie shire, with the assistance of the shiriffe, and others, to sée the same assessed & rated after an hundred acres of land to the hide of land, according to the custome.

[Sidenote: The moonks of Christes church send to the pope, complaining of their archbishop.] The same yeare also the moonks of the house of the holie Trinitie, otherwise called Christes church in Canturburie, exhibited their complaint vnto pope Innocent, that their archbishop Hubert (contrarie to his order and dignitie) exercised the office of high iustice, and sate in iudgement of bloud, being so incumbred in temporall matters, that he could not haue time to discharge his office touching spirituall causes: [Sidenote: The pope sendeth to the king.] wherevpon the pope sent vnto king Richard, admonishing him not to suffer the said archbishop to be any longer troubled with temporall affaires, but to discharge him thereof, and not to admit any spirituall person from thencefoorth vnto any temporall administration.

He further prohibited by vertue of their obedience, all manner of prelats and men of the church, that they should not presume rashlie to take vpon them any maner of secular function or office. Whervpon the archbishop was discharged of his office of chéefe iustice, and Geffrey Fitz Peter succéeded in gouernement of the realme in his stéed. ¶ Geruasius Dorobernensis saith, that the archbishop resigned that office of his owne accord, and that not till after his returne from the marshes of Wales, where he had ouerthrowne the Welshmen, and slaine fiue thousand of them. Which victorie other ascribe vnto Geffrey Fitz Peter, which Geffrey (as the said Dorobernensis saith) succeeded the archbishop in the office of lord cheefe iustice, but not vntill August, in the tenth yeare of the kings reigne.

[Sidenote: An. Reg. 10.] In this yeare, immediatlie vpon the expiring of the truce which was taken till haruest might be ended, the warre betwixt the two kings of England & France began eftsoones to be pursued with like earnestnesse as before: wherevpon manie encounters chanced betwixt the parties, with taking of townes and fortresses, as commonlie in such cases it happeneth. Twise the French king was put to the worsse, once in September betwixt Gamages and Vernon, where he was driuen to saue himselfe by flight, loosing twentie knights, and thréescore seruitors or yomen, which were taken, besides those that were slaine: and againe, in the same moneth on Michaelmasse euen betwixt Curseilles and Gisors, at what time he came to succour Curseilles, bringing with him 400 knights, besides seruitors, and a great multitude of commons. But the castell was woone before he could approch it.

King Richard being aduertised of his comming, hasted foorth to méet him, and giuing the onset vpon him, forced him to flée vnto Gisors, where at the entring of the bridge there was such preasse, that the bridge brake, so that amongst other, [Sidenote: King Philip almost drowned.] the king himselfe with his horsse and all fell into the riuer of Geth, and with much adoo was releeued, and got out of the water, no small number of right hardie and valiant gentlemen being taken at the same time, which put themselues forward to staie the Englishmen, till the king was recouered out of the present danger. To conclude, there were taken to the number of an hundred knights, [Sidenote: Seuen score saith _R. Houed._ _Matth. Paris._ _R. Houed._] and two hundred barded horsses, besides seruitors on horssebacke, and footmen with crossebowes. Amongst other prisoners these are named, Matthew de Montmorancie, Gales de Ports, Iollen de Bray, and manie other also innumerable. King Richard hauing got this victorie, wrote letters thereof vnto the archbishops, bishops, abbats, earles and barons of his realme, that they might praise God for his good successe.

¶ A notable example to all princes that haue the conquest ouer their enimies, to referre the happie getting thereof to God, and to giue praise vnto him who giueth victorie vnto whom it pleaseth him. Which the Psalmograph saw verie well, and therefore ascribed all the issue of his prosperous affaires to God, as may well be noted by his words, saieng expresselie, [Sidenote: _Eob. Hess. in Psal. 144._] ---- ab illo Munior, hic instar turris & arcis erat, Dura manus in bella meas qui format & armat, Ad fera qui digitos instruit arma meos.

Now will we staie the proceedings of the king of France at this time, and make no further relation thereof for a while, till we haue touched other things that happened in England at the same season. And first ye shall vnderstand, that Hugh Bardolfe, Roger Arundell, and Geffrey Hachet, to whom as iustices, the counties of Lincolne, Notingham, Yorke, Derbie, Northumberland, Westmerland, Cumberland, and Lancaster were appointed for circuits, held not onelie plées of assises, and of the crowne, [Sidenote: Inquisitions taken.] but also tooke inquisitions of escheats, and forfaitures of all maner of transgressions, and of donations of benefices, of marriages of widowes and maids, and other such like things as apperteined to the king, whereby any aduantages grew to his vse, the which for tediousnesse we passe ouer. These things were streightlie looked vnto, not without the disquieting of manie.

Herewith came an other trouble in the necke of this former, to diuerse persons within the realme, through inquiries taken by the iustices of the forrests: for Hugh Neuille, Hugh Waley, and Heruisius Neuill, appointed iustices itinerants in that case, were commanded by the king to call before them archbishops, bishops, earles, barons, knights, and fréeholders, with the reeue, and foure of the substantiall men of euerie towne or village, to heare and take knowledge of the kings commandement, [Sidenote: Ordinances of forrests.] touching the ordinances of forrests, the which were verie straight in sundrie points, so that whereas before those that offended in killing of the kings deere were punished by the purse, now they should loose their eies and genitals, as the lawe was in the daies of king Henrie his grandfather: and those that offended in cutting downe woods or bushes, or in digging and deluing vp of turues and clods, or by any other maner of waie made waste and distruction in woods or grasse, or spoile of venison, within the precinct of the forrests, contrarie to order, they should be put to their fines.

[Sidenote: Préests to be arrested offending in forrests.] He gaue commandement also, that it should be lawful to the forresters to take and put vnder arrest, as well préests and those of the cleargie, as temporall men, being found offendors in forrest grounds and chases. Manie other ordinances were decréed touching the preseruation of forrests, and the kings prerogatiue, aduantages and profits rising and growing by the same, as well for sauing of his woods and wasts, as in pannage and agistements, greatlie to the restraint of them that might vsurpe or incroch vpon the grounds within the compasse of his forrests.

Ye haue heard before, how the moonks of Canturburie did send to exhibit a complaint to the pope, for that their archbishop tooke vpon him to deale in exercise of matters belonging to a temporall man, [Sidenote: _Ger. Dor._] and not to such a one as had rule ouer the spiritualtie: but this was not the cause that did gréeue them so much, as that he went forward with the erection of that church at Lameth, which his predecessor archbishop Baldwine had first begun at Haketon, now called S. Stephans (as before ye haue heard) and after was driuen through the importunate suit of the moonks to leaue off, and race that which he had there begun, to obeie the popes pleasure: [Sidenote: The church of Lameth.] and after laid a new foundation at Lameth.

The moonks of Canturburie therefore still fearing least that church should greatlie preiudice such rights and liberties, as they pretended, namlie in the election of their archbishop, would neuer rest, but still complained and followed their suit in most obstinate maner in the court of Rome, as well in the daies of the said Baldwine, as now against Hubert, (when he tooke in hand to continue the worke according to the purpose of his predecessour the said Baldwine, which was to haue instituted a colledge there, and to haue placed secular canons in the same) and such was the earnest trauell of the moonks herein, that in the end now after the deceasse of pope Celestine, they found such fauour at the hands of pope Innocent his successor, that the same Innocent directed his letters of cōmandement to the archbishop, and other bishops of this land, [Sidenote: The pope cōmandeth the church of Lameth to be raced.] to destroie and race the same foundation, as a péece of worke derogatorie to the sée of Canturburie, and verie preiudiciall to the estate of holie church.

The archbishop at the first trusted to be borne out by the king (who was highlie offended with the moonks for their presumptuous dealing) and therefore refused to obeie the popes commandement. The king in deed stomached the matter so highlie, that he sent letters vnto the moonks by no worsse messengers than by Geffrey Fitz Peter, and Hugh Fitz Bardolfe his iustices, signifieng to them not onelie his high displeasure for their presumptuous proceedings in their suit without his consent, but also commanding them to surceasse, and not to procéed further in the matter by virtue of any such the popes letters, which they had purchased contrarie to the honour and dignitie of his crowne and realme. Moreouer, he wrote to the bishops, commanding them to appeale; and to the archbishop, forbidding him in any wise to breake downe the church which he had so builded at Lameth.

[Sidenote: The presumtuous stoutnesse of the moonks.] The shiriffe of Kent also was commanded to seize into his hands all the tenements and possessions that belonged to the moonks (a frie of satan and as one saith verie well of them and the like leuen of lewdnesse, ---- sentina malorum, Agnorum sub pelle lupi, mercede colentes Non pietate Deum, &c.) who neuer the lesse were so stout in that quarell, that they would not prolong one daie of the time appointed by the pope for the racing of that church. Herevpon the king for his part and the bishops in their owne behalfes wrote to the pope. Likewise the abbats of Boxeley, Fourd, Stratford, Roberts-bridge, Stanlie, and Basing Warke, wrote the matter to him: and againe the pope and the cardinals wrote to the king, to the archbishops, and bishops: and so letters passed to and fro, till at length the pope sent a Nuncio of purpose, to signifie his full determination, as in the next yeare it shall be shewed at full.

[Sidenote: Welshmen vanquished. _Ger. Dor._ ascribeth this victorie vnto Hubert archb. of Canturburie and saith there were slaine about 500 of the enimies.] About the same time Geffrey Fitz Peter, lord cheefe iustice of England, raised a power of men, and went into Wales to succour the tenants of William de Brause, which were besieged of the king, or rather prince of that countrie, named Owen, the brother of Cadwalaine, [Sidenote: Mauds castle.] in Mauds castell: but the lord chéefe iustice comming to the reskue of them within, gaue battell to the aduersaries, and vanquishing them slue three thousand of them, and seauen hundred of those that were taken prisoners and wounded. And all the while the warres continued in France, the losse for the most part still redounded to the Frenchmen. Earle John burnt Newburg, and tooke eighteene knights of such as were sent to the reskue.

[Sidenote: The earle of Leicester.] The earle of Leicester with a small companie came before the castell of Pascie, which (although the Frenchmen held it) did yet of right belong vnto the said earle. The souldiors within issued foorth, and being too strong for the earle, caused him to flee, for otherwise he had béene taken. But returning on the morrow after with more companie about him, and laieng ambushes for the enimie, he approched the said castell, and trained the Frenchmen foorth till he had them within his danger, and then causing his men to breake out vpon them tooke an eightéene knights, and a great multitude of other people. [Sidenote: Marchades.] Also Marchades with his rout of Brabanders did the Frenchmen much hurt, in robbing and spoiling the countries.

About this season the archbishop of Canturburie went ouer into Normandie to speake with king Richard, and at the French kings request he passed into France, to common with him of peace, which the French king offered to conclude, in restoring all the townes and castels which he had taken (Gisors onelie excepted) and touching the possession and title thereof, he was contented to put the matter in compremise, to the order and award of six barons in Normandie to be named by him; and of six barons in France which king Richard should name. But king Richard would not thus agrée, except the earle of Flanders and others which had forsaken the French king to take his part, might be comprised in the same peace. At length yet in Nouember, there was truce taken betwixt the two kings till the feast of S. Hilarie next insuing.

In the meane time pope Innocent the third, vnderstanding in what present danger things stood in the holie land, and on the other side, considering what a weakening it was vnto christendome, to haue these two kings thus to warre with mortall hatred one against the other: [Sidenote: A truce taken betwixt the two kings.] he thought it stood him vpon to trauell betwixt them, to bring them vnto some peace and agreement. Héerevpon he dispatched one Peter the cardinall of Capua into France, as legat from the sée of Rome, vnto the two foresaid kings, to instruct them in what present danger the state of the christians in Asia presentlie stood, so that without the aid of them and of other christian princes, it could not be holpen, but needs it must come to vtter ruine, and the Saracens yer long to be possessed of the whole. Therefore both in respect hereof, and also for the auoiding of the further wilfull spilling of christian bloud in such ciuill[17] and vngodlie warre, he besought them to staie their hands, and to ioine in some fréendlie band of concord, whereby they might with mutuall consent bestow their seruice in that necessarie and most godlie warre, wherein by ouercomming the enimies of Christ, they might looke for worthie reward at his hands, which is the frée giuer of all victories.[18]

[Sidenote: 1199.] The cardinall comming into France, and dooing his message in most earnest wise, was present at the interuiew appointed betwixt the two kings in the feast of S. Hilarie, but yet could not he bring his purpose to full effect: [Sidenote: _R. Houed._ A truce concluded for fiue yeares.] onelie he procured them to take truce for the term of fiue yeares, farther he could not get them to agrée. ¶ The fault by authors is ascribed aswell to king Richard, as to king Philip: for king Richard being first euill vsed, and put to hinderance, determined either to vanquish, or neuer to giue place.

This forbearance from warre was concluded and taken in the yeare 1199 after the incarnation, and tenth of king Richards reigne. But immediatlie after, there arose matter of new displeasure betwixt these two kings to kéepe their minds in vre with secret grudges, though by reason of the truce they outwardlie absteined from declaring it by force of armes. [Sidenote: Contention about the choosing of the emperour.] It chanced that in the election of a new emperour, the electors could not agrée, one part of them choosing Otho duke of Saxonie, nephue to king Richard by his sister Maud, and another part of them naming Philip duke of Tuscaine, and brother to the last emperour Henrie.

King Richard (as reason was) did procure what fauour he could to the furtherance of his nephue Otho: and king Philip on the contrarie part, did what he could in fauour of the foresaid Philip. At length Otho was admitted by the pope to end the strife: but yet the grudge remained in the harts of the two kings: Philip finding himselfe much gréeued in that he had missed his purpose, and Richard being as little pleased for that he had woone his so hardlie, and with so much adoo. And thus matters passed for that yeare.

[Sidenote: _R. Houed._ The popes letters to the king for the church of Lameth.] In the beginning of the next, the popes Nuncio came with letters, not onlie to the archbishop and bishops of England, but also to the king himselfe, signifieng the popes resolute decree touching the church and colledge of Lameth to be broken downe and suppressed. Wherevpon the king and archbishop (though sore against their willes) when they saw no waie longer to shift off the matter, yéelded to the popes pleasure: and so the archbishop sent his letters to Lameth, where the 21 daie of Januarie they were read, and the 27 daie of the same moneth was the church cast downe, & the canons which were alreadie these placed, had commandement to depart from thence without further delaie. [Sidenote: The moonks borne out by the pope.] Thus the moonks in dispite of the king and archbishop had their willes, but yet their vexation ceassed not, for the king and archbishop bearing them no small euill will, for that they had so obteined their purpose contrarie to their minds and intents, molested them diuerse waies, although the moonks still vpon complaint to the pope, were verie much releeued, and found great freendship both with him and likewise with his court. ¶ So that it may be obserued that these dishclouts of the popes kitchen haue in all ages, since their first quickening béene troublesome and mutinous, sawcie and insolent, proud[19] and malapert. But, [Sidenote: _M. Pal. in suo sag._] Proh pudor! hos tolerare potest ecclesia porcos, Cùm sint lasciui nimiùm, nimiúmq; superbi, Duntaxàt ventri, veneri somnóq; vacantes?

In this meane time, king Richard being now at rest from troubles of warre, studied busilie to prouide monie, meaning to make a new voiage into the holie land. Therefore finding himselfe beare of treasure, by reason of the French warres had emptied his cofers, [Sidenote: A tax. Fiue shillings of euerie plough land, as saith _Matt. Westm._] he set a great tax vpon his subiects, and by that meanes, hauing recouered a great summe, he builded that notable strong castell in Normandie, vpon the banke of the riuer of Saine, [Sidenote: Chasteau Galiard built.] named Chateau Galiard: which when it was finished he fell a iesting thereat and said; "Behold, is not this a faire daughter of one yeares growth." The soile where this castell was builded, belonged to the archbishop of Rouen, for which there followed great strife betwixt the king and the archbishop, till the pope tooke vp the matter (as before ye haue heard.)

After this, he determined to chastise certeine persons in Poictou, which during the warres betwixt him and the French king, had aided the Frenchmen against him: wherevpon with an armie he passed foorth towards them, but by the waie he was informed, that one Widomer a vicount in the countrie of Britaine, had found great treasure: [Sidenote: Images of an emperour and of his wife & children all of fine gold. The annales of Aquitaine.] and therefore pretending a right thereto by vertue of his prerogatiue, he sent for the vicount, who smelling out the matter, and supposing the king would not be indifferent in parting the treasure, fled into Limosin, where although the people were tributaries to the king of England, yet they tooke part with the French king.