Part 22

It was therefore first enacted, that all the Poictouins should auoid the land, togither with other strangers, and that neither the king nor his sonne prince Edward should in anie secret manner aid them against the people. Moreouer, that the king & his sonne should receiue an oth, to stand vnto the decrées and ordinances of that parlement, and withall spéed to restore the ancient lawes and institutions of the realme, which they both did, rather constreined therevnto by feare, than of anie good will. Thus not onelie the king himselfe, but also his sonne prince Edward receiued an oth, to obserue the ordinances of that parlement. But Iohn earle Warren, and the kings halfe brethren, namelie the earle of Penbroke refused that oth; and likewise the lord Henrie, sonne to the king of Almaine, excused himselfe by his fathers absence, without whose consent he would not receiue it, vnto whome this answer was made, that if his father would not consent to the agréement of the baronage, he should not possesse one furrowe of land within this realme.

[Sidenote: The earle of Leicester threateneth the earle of Penbroke.]

[Sidenote: The kings halfe brethren shift awaie.]

[Sidenote: They depart the Realme.]

Also, whereas the earle of Leicester resigned the castels of Killingworth and Odiham into the kings hands, which he had latelie receiued by his gift, and newlie repaired, the earle of Penbroke and his other brethren sware déepelie, that they would for no mans pleasure giue ouer such castels, rents, and wardships of theirs, as they had of the kings gift. But the earle of Leicester told the earle of Penbroke flatlie and plainlie, that he should either render them vp, or else he should be sure to lose his head. This saieng was confirmed by the generall voices of all other the barons, bicause it was a speciall article concluded amongst other in that parlement. The kings halfe brethren, perceiuing which waie the world went, stood in doubt of themselues, and secretlie therevpon departing from Oxenford, first withdrew vnto Winchester, where Odomare, one of the same brethren was bishop, through whose support, and by reason of the strength of such castels as he held, they trusted to be in more safetie: but finallie, perceiuing themselues not to be so out of danger, sith the barons minded to pursue them, about the eightéenth daie of Iulie they departed the realme with a great number of other of their countriemen; and amongest those, William de saint Herman the kings caruer was one.

[Sidenote: Henrie M[=o]ntfort pursueth the kings half brethren.]

[Sidenote: They sent to the French K.]

[Sidenote: Richard Gray capteine of Douer castell, and lord warden of the ports.]

Henrie Montfort, sonne to the earle of Leicester, vnderstanding of their departure out of the realme, followed; and hearing that they were arriued at Bullogne, he landed in those parts, & by such fréendship as he found there amongst those that bare good will vnto his father, he got togither a power, and after a manner besieged the Poictouins within Bullogne, laieng watch for them in such sort, both by sea and land, that there was no waie left for them to escape. When they saw themselues in that danger, they sent a messenger with all post hast to the French king, requiring his safe conduct, to passe fréelie through his realme, as they trusted he would be content to grant vnto such, as for refuge and safegard of life should repaire vnto him for comfort. The French king courteouslie granted their request, and so they were in safetie permitted to passe quietlie through the countrie. In the meane while one Richard Gray, chatellaine of Douer castell, a right valiant man and a faithfull, suffered no man to passe that waie vnsearched, according to that which he had in commandement: wherevpon he tooke & seized into his hands a great portion of treasure, which was brought thither to be transported ouer to the Poictuins that were fled out of the realme. Also, there was found a great quantitie of treasure in the new temple at London, which they had gathered & hoorded vp there, which also was seized to the kings vse.

[Sidenote: _Matt. West._]

[Sidenote: Foure and twentie gouernurs.]

[Sidenote: The abuses of those gouernurs.]

But now to returne vnto the dooings in the parlement holden at Oxford. It was ordeined (as some write) that the king should choose twelue persons of the realme, and the communaltie of the land should choose other twelue, the which hauing regall authoritie in their hands, might take in charge, the gouernance of the realme vpon them, & should from yeare to yeare prouide for the due election of iustices, chancellors, treasurors, and other officers, and sée for the safe kéeping of the castels which belonged to the crowne. These foure and twentie gouernours appointed as prouiders for the good gouernement of the realme, began to order all things at their pleasure, in the meane time not forgetting to vse things chéeflie to their own aduantages, as well in prouiding eschets and wards for their sonnes and kinsfolks, as also in bestowing patronages of churches (belonging to the kings gift) at their pleasures, so that these prouiders séemed to prouide all for themselues, in so much that neither king nor Christ could receiue ought amongst them: and as for iustice they regarded nothing lesse, their minds were so rauished with desire of priuat wealth; which who so hunteth after, being in place of magistracie, he must néeds neglect the law and course of equitie, and therefore this counsell is good which a good writer giueth in this behalfe, saieng;

[Sidenote: _M. Pal. in Virg. Fabian._]

Si iustus vult esse aliquis non vtile quærat, Iusticia est multis laudata, domestica paucis.

There be that write, how there were but twelue of these gouernours chosen; whose names were as followeth. First, the archbishop of Canturburie, the bishop of Worcester, Roger Bigod earle of Northfolke and marshall of England, Simon de Mountfort earle of Leicester, Richard de Clare earle of Glocester, Humfrey Bohun earle of Hereford, the earles of Warwike and Arundell, sir Iohn Mansell chéefe iustice of England, sir Roger lord Mortimer, sir Hugh Bigod, sir Peter de Sauoy, sir Iames Audeley, and sir Peter de Mountfort. To these was authoritie onelie giuen to punish and correct all such as offended in breaking of any the ordinances at this parlement established.

[Sidenote: Contention betwixt the earles of Leicester and Glocester.]

[Sidenote: The lords come to the Guildhall to haue their ordinances confirmed.]

It was not long after the finishing of this parlement, but that strife and variance began to kindle betwéene the king and the earles of Leicester and Glocester, by reason of such officers as the said earles had remooued, and put others in their roomes: among the which Iohn Mansell was discharged of his office, and sir Hugh Bigod, brother to earle Marshall, admitted in his roome. Also bicause the foresaid gouernours had knowledge that the king minded not to performe the ordinances established at Oxford, they thought to make their part as strong as was possible for them to doo, and therefore vpon the morrow after the feast of Marie Magdalene, the king as then being at Westminster, the earle Marshall, the earle of Leicester, and diuerse other came to the Guildhall of London, where the maior and aldermen, with the commons of the citie were assembled, and there the lords shewed the instrument or writing sealed with the kings seale, and with the seales of his sonne prince Edward, and of manie other lords of the land, conteining the articles of those ordinances which had béene concluded at Oxford, willing the maior and aldermen to set also therevnto their common seale of the citie. The maior and aldermen vpon aduise amongst them taken, required respit till they might know the kings pleasure therein, but the lords were so earnest in the matter, and made such instance, that no respit could be had; so that in the end the common seale of the citie was put to that writing, and the maior with diuerse of the citie sworne to mainteine the same, their allegiance saued to the king, with their liberties and franchises, according to the accustomed manner.

[Sidenote: A proclamation against purueiers.]

[Sidenote: A parlement.]

[Sidenote: The iustices sit at S Sauiours.]

[Sidenote: Bailiffes and other officers punished.]

[Sidenote: Bakers punished.]

Vpon the ninth day of August, proclamation was made in diuerse places of the citie, that none of the kings takers should take any thing within the citie, without the will of the owner, except two tunnes of wine, which the king accustomablie had of euerie ship comming from Burdeaux, paieng but 40 shillings for the tun. By meanes of this proclamation, nothing was taken by the kings officers within the citie and liberties of the same, except readie paiment were made in hand, which vse continued not long. Herevpon the king held a parlement at Westminster, and another at Winchester, or else proroged and remoued the same thither. Also sir Hugh Bigod lord chéefe iustice, with Roger Turksey, and other called Itinerarij, kept the terme for plées at saint Sauiours: for you must vnderstand, that in those daies they were kept in diuerse places of the realme, which now are holden altogither at Westminster, and iudges ordeined to kéepe a circuit, as now they kéepe the assises in time of vacation. The foresaid iudges sitting on that maner at saint Sauiours, punished bailiffes, and other officers verie extremelie, which were conuict afore them for diuerse trespasses, and speciallie for taking of merciaments otherwise than law gaue them. After this, the same sir Hugh came vnto the Guildhall, and there sat in iudgement, and kept plées without order of law; yea contrarie to the liberties of the citie, he punished bakers for lacke of true size, by the tumbrell: where before they were punished by the pillorie, & manie other things he vsed after such manner, more by will than good order of law.

[Sidenote: _Matth. Paris._]

[Sidenote: The Poictouins suspected to haue poisoned ye English lords.]

[Sidenote: Walter Scotonie arreigned and condemned.]

[Sidenote: He suffereth.]

There was a bruite raised (whether of truth or otherwise we leaue to the credit of the authors) that the Poictouins had practised to poison the most part of the English nobilitie. Indéed diuers of them were gréeuouslie tormented with a certeine disease of swelling and breaking out, some died, and othersome verie hardlie escaped, of which number the earle of Glocester was one, who laie sicke a long time at Sunning a place besides Reading. At length he recouered: but his brother William died of the same disease, and vpon his death-bed laid the fault to one Walter Scotenie, as the occasioner of his death, which afterwards cost the said Walter his life. For although he was one of the chéefe councellors, and steward also to the said earle of Glocester, yet being had in suspicion, and thervpon apprehended and charged with that crime, when in the yeare next following in Iune he came to be arreigned at Winchester, and put himselfe to be tried by a iurie, the same pronounced him guiltie: and when those that were impanneled vpon that iurie were asked by the iudges how they vnderstood that he should be giltie, they answered, bicause that where the said Walter was neuer indebted, that they could heare of, either to William de Valence, or to any of his brethren, they were fullie certified that he had of late receiued no small sum of monie of the said W. de Valence to poison both his maister and other of the English nobilitie as was to be thought, sith there was no other apparant cause why he should receiue such a gift at the hands of their enimie the said William de Valence, and so was the said Walter executed at Winchester aforesaid.

[Sidenote: A late haruest.]

[Sidenote: Dearth of corn increaseth.]

[Sidenote: Fasts & processions vsed.]

The haruest was verie late this yeare, so that the most part of the corne rotted on the ground, and that which at length was got in, remained yet abrode till after Alhallowentide, so vntemperate was the weather, with excessiue wet and raine beyond all measure. Herevpon the dearth so increased, that euen those which had of late reléeued other, were in danger to starue themselues. Finallie solemne fasts and generall processions were made in diuerse places of the realme to appease Gods wrath, and (as it was thought) their praiers were heard, for the weather partlie amended, and by reason the same serued to get in some such corne as was not lost, the price thereof in the market fell halfe in halfe. A good and memorable motiue, that in such extremities as are aboue the reach of man to redresse, we should by and by haue recourse to him that can giue a remedie against euerie casualtie. For

Flectitur iratus voce rogante Deus.

[Sidenote: Richard Gray, lord warden of the ports.]

[Sidenote: Erlotus the popes Nuncio returneth home.]

Richard Gray the chattellaine of Douer looking diligentlie vnto his charge, tooke a thousand marks which the bishop of Winchester had sent thither to haue béene transported ouer into France. Erlotus the popes Nuncio perceiuing the trouble that was like to insue within the realme would no longer tarie, but wiselie departed and got him home. Herewith certeine wise personages were sent to Rome on the part of the king and baronage, to informe the pope in what state the realme stood, and to giue him to vnderstand how gréeuouslie the people had béene handled by the practise of certeine Romane prelats promoted in this land.

[Sidenote: _Matth. Paris._]

[Sidenote: The lord of Kedwellie slaine.]

[Sidenote: _Matth. Paris._]

This yeare néere to Carmardin Patrike of Chauton lord of Kedwelli, Hugh de Viun, and diuerse other both horsmen and footmen were slaine through treason by the Welshmen: yet it should appeare by Matthew Paris that the Englishmen procured this mischéefe to light on their owne heads, through their disloiall dealing. For where they were come to the place to talke of an agréement, some of the marchers supposing they had béene too strong for the Welshmen, persuaded the said lord of Kedwellie to assaile them vpon the sudden, in hope to haue destroied them all: but in the end the Englishmen were distressed through the valiancie of Dauid one of the sonnes of the great Leolin and other capteines of the Welsh nation. Neuerthelesse Matthew Westminster saith brieflie, that the English men were treasonablie slaine: so that it séemeth that Matthew Paris speaketh rather of an affection and good will which he bare to the Welsh procéedings in those daies, than otherwise.

[Sidenote: _Matth. Paris._ not well affected towards the gouernement of the realme as it then stood.]

For who so marketh the course of his historie, shall perceiue that he had no good liking of the state in those daies, neither concerning the ecclesiasticall nor temporall policie, in somuch that he sticketh not to commend the Welshmen greatlie for their holding togither, against the oppression (as he meaneth it) of the English gouernement, and no doubt there was cause that mooued him to such misliking, namelie the often paiments and collections of monie by the popes agents, and other such misorders as dailie were permitted or rather mainteined to the impouerishing of both estates spirituall and temporall.

[Sidenote: Godfrey de Kinton archbishop of Canturburie.]

[Sidenote: An ordinance against extortion.]

Godfrey de Kinton was consecrated archbishop of Canturburie at Rome, about the feast of Christmasse last past, and so returned from thence home to his cure. There was an ordinance made about this time, for punishment to be had of the extortion of shiriffes, so that as well the receiuer as the giuer of bribes was punishable. Which law if it were now executed vpon all officers & occupiers whatsoeuer, there would not be so much wealth and substance, so great riches and treasure raked vp togither in the possession of some few men, as the old sage saieng importeth,

Quisquis ditatur rapidos miluos imitatur.

[Sidenote: An. Reg. 43.]

[Sidenote: Ambassadors sent to the councell at Cambrey.]

The bishops of Worcester and Lincolne, with the earles of Norfolke and Leicester, were sent ouer in ambassage vnto a councell holden at Cambrey, for a league and peace to be concluded betwixt the kingdoms of England and France, and also the empire: but bicause the French king looked to haue the king of England there, when he heard that the same king came not, he also staied at home, and so no conclusion followed at that assemblie.

[Sidenote: Ione countesse of Penbroke.]

[Sidenote: A great tempest of lightning and thunder.]

[Sidenote: Guy de Rochford banished.]

[Sidenote: Variance and debat betwixt the stud[=e]ts of Oxford.]

[Sidenote: The Welshmen séeke to agrée with the king.]

[Sidenote: Henrie de Wingham elected bishop of Winchester.]

Ione countesse of Penbroke, the wife of William de Valence the kings halfe brother, demanded hir right of dower, in such lands as belonged to hir by title of inheritance. At length she had to the value of fiue hundred marks assigned hir of the same lands, notwithstanding hir heritage amounted to the sum of a thousand marks and aboue of yearelie reuenues, but for that she should not aid hir husband with part thereof, the one halfe was thought sufficient for hir maintenance. About Aduent next insuing, she went ouer vnto hir husband, either for the desire she had to inioy his personall presence, or for that she thought hirselfe not well dealt with, to be abridged of those reuenues, which by right of inheritance were hir owne. In the first night of December, there chanced a maruellous sore tempest of lightning and thunder, with mightie winds and raine, as a token and signe of the troubles that after followed, the more noted, for that thunder in the winter season is not commonlie heard of. Guy de Rochford a Poictouin, to whom about two yeares before the king had giuen the castell of Rochester, was now banished the realme, and depriued of all that he held in this land. About this season there rose great variance amongst the scholers of Oxford being of sundrie countries, as Scotishmen, Welshmen, Northern men, and Southern men: who fell so farre at square, that they raised baners one against an other, and fought togither, in somuch that diuerse were slaine, and manie hurt on both parties. ¶ The Welshmen this yeare, notwithstanding their good successe had in these late wars, considered with themselues, that if the barons of England did once ioine in one knot of fréendship, they would with maine force easilie subdue them, wherefore to preuent that which might chance vnto them by stubborne resistance, they made suit to be receiued into the kings peace, offering to giue vnto him the summe of foure thousand markes, and to his sonne the lord Edward thrée hundred marks, and to the quéene two hundred marks. Yet the king would not accept those offers, and so the matter depended in doubtfull balance a certeine time. The Welshmen in the meane season attempted not any exploit, but rather sate still in hope to come at length to some reasonable agréement. ¶ The moonks of Winchester meaning to prouide themselues of a bishop, now that Athelmare aliàs Odomare the kings halfe brother was banished the realme, elected one Henrie de Wingham the kings chancellor, in hope that the K. would be contented with his election, and so he was, but yet conditionallie, that if the pope would allow his said halfe brother for bishop, then should the other giue place.

[Sidenote: 1259.]

[Sidenote: Ambassadors sent to the K. of Almaine.]

[Sidenote: His protestation to their demand.]

About the feast of S. Hilarie, when knowledge was giuen that king Richard of Almaine meant to returne into England, there were sent ouer vnto him the bishop of Worcester, the abbat of saint Edmundsburie, Peter de Sauoy, and Iohn Mansell, as ambassadours from the baronage and communaltie of the realme, to require of him an oth, to stand vnto and obeie the ordinances of the late parlement holden at Oxenford. When the said ambassadors came before his presence, and declared to him the effect of their message, he beheld them with a sterne looke, and frowning countenance, saieng (and binding it with an oth) that he would neither be sworne, nor kéepe any such ordinances as had béene made without his consent; neither would he make them of counsell how long his purpose was to staie within the realme, which the ambassadours required also to vnderstand. Herevnto he further added, that he had no péere in England, for he was the sonne of the deceased king, and brother of the king that now reigned, and also earle of Cornewall, and therefore if the barons of England ment to reforme the state of the kingdome, their duetie had béene first to haue sent for him, and not to haue procéeded so presumptuouslie in such a weightie cause, without his presence or consent. When one of the ambassadours was about to haue made answer somewhat roundlie, and also nippinglie vnto this spéech vttered by the king of Almaine, he was staied by one of his associats. And so the ambassadours vnderstanding his mind, returned with all conuenient spéed.

[Sidenote: He changeth his purpose and commeth ouer into England.]

[Sidenote: He receiueth an oth not to infringe the statutes of Oxford.]

The king of Almaine had assembled a great host of men on the further side the sea, meaning with all expedition to haue passed hither into England: but when he had aduertisement giuen that there was a power raised in England, and bestowed both by sea and land to resist him, he changed his purpose by aduise of his fréends, so that he consented to receiue such manner of oth as the barons required, and herewith taking the sea, he arriued at Douer on saint Iulians daie with his owne houshold seruants, bringing with him no traine of strangers, except onelie two earles of Almaine, which brought with them but onelie thrée knights, and he himselfe had but eight knights: his brother king Henrie was readie to receiue him, and brought him from Douer vnto Canturburie, for neither of them was suffered to enter into the castell of Douer, the lords hauing them in a gelousie, least they should be about to breake the ordinances which were concluded. On the morow after, the king of Almaine receiued the oth in the presence of Richard earle of Glocester and others, within the chapter house of Canturburie. And on the day of the Purification of our ladie, the two kings with their quéenes and a great number of noble personages made their entrie and passage into the citie of London.

[Sidenote: A parlement.]

[Sidenote: A peace concluded vpon betwixt the kings of England & France.]

[Sidenote: The countesse of Leicester.]

[Sidenote: Contention betwixt the earles of Glocester and Leicester.]