Part 13

But to procéed, when men saw such vnreasonable couetousnes and polling, by the popes procurement; some of the nobility of the realme, not able longer to beare it, came to the king, and exhibited to him their complaint hereof, namelie for that the popes procurator bestowed diuers rich prebends and other rooms in churches vpon strangers knowne to be infamed for vsurie, simonie, and other heinous vices, which had no respect to preaching, nor to kéeping of any hospitalitie, for maintenance whereof their ancestors had giuen foorth their lands to the inriching of the church, not meaning to haue the same bestowed on such maner of persons. The king vnderstood that truth it was which was told him, and therefore writ to the pope in humble wise, beséeching him of his fatherlie care to take order for some redresse therein.

[Sidenote: _Polydor._]

[Sidenote: The king asketh counsell how to procéed in his warres against the French king.]

[Sidenote: The possessions of the Normans confiscated.]

About this time the king began to renew his imagination for the following of the warres against the French king, and therefore asked the aduise of his councell how he might best attempt the recouerie of those lands in France which were wrongfullie deteined from him. The most part of all his ancient councellors were of this opinion, that to make warre againe in trust of others aid, as had béene attempted so often before without any profit, should be no wisdome, and therefore he ought either to forbeare, or els so to prouide himselfe of power sufficient, without trusting to the support of strangers, as he might be able with his owne puissance and force to atchiue his enterprise, for otherwise his trauell should prooue but vaine and to verie small effect. The king persuaded with these sound reasons, thought not good to attempt any thing more touching the said warre vnaduisedlie: and to the end it should not be said how he trusted in vaine vpon the aid of strangers, he caused all such possessions as the Normans held in England to be confiscated, to the intent that as well the Normans as Britons and Poictouins might well vnderstand, that he minded not from thencefoorth to credit the false promises of rebels, as he that would now vse onelie the seruice of his owne people the Englishmen, which in respect of others painted promises he had before contemned.

[Sidenote: _Matth. Paris._]

[Sidenote: The occasion why the Normans were disherited.]

The occasion that mooued the king so to disherit the Normans, did chéefelie rise of the French kings dealing, who about the same time calling to him all those that had lands in England, required them either to sticke vnto him inseparablie, either else to the king of England, sith no man might serue two maisters. Wherevpon some forsaking their lands in England, liued on those which they had in France, and other forsooke those liuings which they had in France, and came ouer into England to liue on those possessions which they had here. But in the French kings dooings was no inforcing of men, either to forsake the one or the other: wherfore the procéedings of the king of England séemed somewhat more iniurious, and partlie sounded to the breach of the truce. Howbeit all was passed ouer without apparant trouble.

[Sidenote: _Polydor._]

[Sidenote: _Matth. Paris._]

[Sidenote: _Matt. West._]

[Sidenote: Dauid prince of Wales meaneth to submit himselfe to the pope.]

[Sidenote: _Matth. Paris._ pag. 880.]

Whilest all things were thus in quiet, and the king himselfe not troubled with any outward wars, the Welshmen (who though they were subdued, yet could not rest in quiet) receiued againe the fornamed Dauid to their prince, the which for a policie determined himselfe to make offer to the pope to hold his land of him, yéelding therefore yearelie vnto him the summe of fiue hundred marks (as is said) to the end that vnder the wings of the popes protection he might shadow himselfe, and be defended against all men. At length by large gifts of no small summes of monie he purchased letters of the pope in his fauour, to the preiudice of the crowne of England, as touching the right which the king of England had to the dominion of Wales, as by the tenour thereof it may appeare, beginning as here insueth. Illustri viro domino Henrico Dei gratia regi Angliæ, &c.

[Sidenote: The Welshmen discomfited.]

[Sidenote: Dauid fled into Scotland.]

[Sidenote: He prouoketh the king of Scots to make warre against England.]

Thus Dauid being incouraged herewith and such other of the Welshmen as tooke his part, at time appointed did set vpon the kings capteins as they stragled abroad, whom at the first brunt they put to flight, and slue manie of them here and there as they tooke them at aduenture. The Englishmen when night was come, and that the Welshmen withdrew to rest, assembled themselues againe togither, and in the morning with new recouered force both of mind and bodie, came vpon the Welshmen, and began with them a new battell, which continued the space of thrée houres togither, till at length the Welshmen, which rashlie had entred the fight, began to shrinke backe, and fled to their woonted places of refuge, the woods and mareshes. Their chiefe capteine Dauid fled into Scotland, hauing lost in that battell the most part of all his souldiers which he had there with him. At his comming into Scotland, and whilest he there remained, he incensed king Alexander against king Henrie to his vttermost power, putting into his head how reprochfullie the Englishmen did speake of the Scots, reprouing them of cowardnes & lacke of stomach; also that they liued according to the prescript of the English nation, as subiects to the same: and manie other things he forged, which had béene able to haue mooued a most patient man vnto indignation and displeasure.

[Sidenote: The king of Scots inuadeth Engl[=a]d.]

[Sidenote: _Matth. Paris._]

[Sidenote: King Henrie requireth an aid of monie of his subiects.]

Finallie, either by the prouoking of this Dauid, or by some other occasion, king Alexander meant to make warres vpon king Henrie indéed, and in raising an armie made a rode into England, and did some hurt by incursions, and further signified to king Henrie, as some write, that he neither ought nor would hold anie part or portion of Scotland of the king of England. King Henrie sore offended herewith, purposed in time to be reuenged, and shortlie after called a parlement at Westminster, in the which he earnestlie mooued the lords and other states to aid him with monie towards the furnishing of his coffers, being emptied (as they knew) by his excéeding charges in his last iournie into Gascoigne. He would not open his meaning which he had to make warre to the Scots, bicause he would haue his enterprise secretlie kept, till he should be readie to set forward.

[Sidenote: New orders deuised by the lords.]

But although the king had got the pope to write in his fauour vnto the lords both spirituall and temporall, to aid him in that his demand of monie, there was much adoo, and plaine deniall made at the first, to grant at that time to anie such paiment as was demanded: and eftsoones they fell in hand with deuising new orders, and namelie to renew againe their suit for the confirmation of the ancient liberties of the realme, so as the same might be obserued, according to the grant thereof before made by the kings letters patents, without all fraud or contradiction. They also appointed, that there should be foure lords chosen of the most puissant and discréetest of all other within the realme, which should be sworne of the kings councell, to order his businesse iustlie and trulie, and to sée that euerie man had right without respecting of persons. And these foure chiefe councellors should be euer attending about the king, or at the least thrée or two of them: also that by the view, knowledge and witnesse of them, the kings treasure should be spent and laid foorth, and that if one of them chanced to fall awaie, an other should be placed in his roome by the appointment of the residue.

[Sidenote: Vnreasonable requests.]

They would also that the lord chiefe iustice and the lord chancellour 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.]