Part 4
Whilest king Henrie thus politikelie prouided for his affaires at home, Sauerie de Mauleon made prouision in Guien to withstand such perils and dangers as he saw most likelie to issue by the practises of the Frenchmen. But as he was most busilie occupied about the purueiance of such things as should be verie necessarie for his dooings, there sprang a great dissention betwixt him and William the earle of Salisburie, who was sent ouer into that countrie with commission to surueie the state thereof, and by colour of the same commission, tooke vpon him to order all things at his owne pleasure. Whereas the foresaid Sauerie de Mauleon (being a man of high parentage in those parts where he was borne) iudged it to be a matter nothing standing with his honour, that another man should order things at his will and commandement within the countrie, whereof he himselfe had the chiefe charge, as the kings lieutenant; and therefore determined not to suffer it anie longer.
[Sidenote: Sauerie de Mauleon reuolteth to the French king.]
Herevpon verelie arose the contention betwixt them, which the English souldiers that were there, did greatlie increase, fauouring the earle as the kings vncle, and contemning the lieutenant as a stranger borne, by meanes whereof the foresaid Sauerie doubting least if he should fight with his enimies, and through such discord as was now amongst them, be put to the worse, the fault should be laid wholie on his necke: he secretlie departed and fled to Lewes the French king, who was latelie come to the crowne of France by the death of his father king Philip, as you before haue heard: wherein he dwelt wiselie in respect of safetie. For
Quid poterit iusta tutius esse fuga?
[Sidenote: _Matth. Paris._]
[Sidenote: _Matt. Westm._]
[Sidenote: Fouks de Brent an enimie to rest and quietnesse.]
About the same time Fouks de Brent, being a man of an vnquiet mind, readie to mischiefe and loth to liue in peace (as some saie) conspired against the king of England, and aduertised the king of France that if he would boldlie begin the warres against king Henrie in France, he would not faile but raise warre against him here in the middest of his realme of England, hauing diuerse noble men in a readinesse, that would willinglie take his part. But howsoeuer it fell out, certeine it is that this Fouks hauing fortified his castell of Bedford, attempted manie enterprises greatlie to the preiudice of the kings peace, as well in robbing and spoiling the countrie about him, as otherwise.
[Sidenote: _Matth. Paris._]
[Sidenote: Henrie Braibroke taken by Fouks de Brent, and imprisoned.]
And now fearing to be punished therefore by order of law, he shewed his malice against such as had the execution of the same lawes chieflie in their hands. Herevpon he tooke prisoner Henrie Braibroke, one of the kings iustices of his bench, and led him to his castell of Bedford, and there shut him vp close as his lawfull prisoner. Indéed the said Henrie de Braibroke, with Martine de Pateshull, Thomas de Multon, and other of the kings iustices were come to kéepe their circuit at Dunstable. Where, vpon information giuen and presented before them, Fouks de Brent was condemned to the king in great summes of monie. Wherewithall this Fouks tooke such indignation and displeasure, that he commanded his men of warre which laie in the castell of Bedford, to ride vnto Dunstable, and there to apprehend the said iustices, and to bring them vnto Bedford, where (as he said) he meant to commen further with them. But they hauing knowledge of his purpose, fled quicklie out of the towne, séeking to escape euerie man which waie he might best deuise. Howbeit, the souldiers vsed such diligence, that Henrie de Braibroke fell into their hands, & and so was brought captiue to Bedford as their maister had commanded them.
[Sidenote: Bedford castell besieged.]
The king aduertised hereof by the gréeuous complaints of his subiects, was as then at Northampton (where he had assembled his parlement) and thervpon hauing gathered spéedilie a power, with all expedition he hasted towards Bedford. At his comming thither, he besieged the castell on ech side, and at length after two moneths, though not without much adoo, he wan it, and hanged them all which taken within, being in number 80 or aboue: and amongst other William de Brent, the brother of the said Fouks was one. There were but thrée that escaped with life, who were pardoned, vpon condition they should passe into the holie land, there to serue among the Templers. The siege began on the Ascension éeuen, and continued till the 15 daie of August, being the feast daie of the assumption of our ladie.
[Sidenote: He was in the borders of Wales, where the earle of Chester was lord.]
Fouks himselfe, whilest the siege continued, laie aloofe in Cheshire, and on the borders of Wales, as one watching to doo some mischiefe: but after the castell was woone, he got him to Couentrie, and there was yer long apprehended, and brought to the king, of whom he obteined pardon of life, but yet by the whole consent of the nobles and péeres of the realme, he was exiled the land for euermore, and then went to Rome, where he knew to purchase his pardon easilie inough for mony, of crime whatsoeuer he should be iudged culpable. His wife, bicause she neuer consented to his dooings, nor yet willinglie to the marriage had betwixt hir and him, was acquited of all blame, and so likewise was his sonne Thomas.
[Sidenote: The end of Fouks de Brent.]
Howbeit at length the foresaid Fouks, hauing obteined his purpose at Rome (by meanes of his chapleine Robert Paslew an Englishman, who was his sollicitor there) as he returned towards England in the yeare insuing, was poisoned and died by the waie, making so an end of his inconstant life, which from the time that he came to yeares of discretion was neuer bent to quietnes. Which may be reported of him not to his honour or renowme (for alas what fame is gotten by giuing occasions of euill) but to his euerlasting shame and infamie, for the same shall neuer die, but remaine in perpetuall memorie, as one saith right well,
[Sidenote: _Plaut. in Persa._]
Hominum immortalis est infamia, Etiam tunc viuit cùm esse credas mortuam.
But now to leaue these things and returne to the dooings in France where we left. Ye shall vnderstand, that after Sauerie de Mauleon was reuolted to the French king, the said king with all spéed determined to make warre vpon king Henrie, and to win from him certeine townes and fortresses within the countrie of Poictou.
[Sidenote: _Dunstable._]
The French writers affirme, that king Lewes recouered out of the Englishmens hands the townes of Niort, S. Iohns d'Angeli, & Rochell, before Sauerie de Mauleon reuolted from the French part. In déed, the chronicle of Dunstable saith, that after the truce tooke end, this yeare the French king raised an armie, and tooke Niort, and after they of S. Iohn d'Angeli submitted themselues vnto him. From whence he went to Rochell, within the which at that present was the said Sauerie de Mauleon with seuentie knights, and Richard Graie, with Geffrey Neuill, who had in their retinue sixtie knights. These with the forces of the towne sallied foorth, & encountring with the French armie, slue manie of their aduersaries, and lost some of their owne people. Yet after this, the French K. besieged the towne, and in the end wan it, whilest the king of England being occupied about the besieging of Bedford castell, neglected to send them within Rochell necessarie succours.
[Sidenote: The Poictouins send to king Henrie.]
[Sidenote: Rochel woon.]
But Polydor Virgil writeth, that now after that Sauerie de Mauleon was become the French king his man, the Poictouins sent vnto king Henrie, signifieng, that they were readie to reuolt from the French kings subiection, and yéeld themselues vnto him, if he would send vnto them a power of men to defend their countrie from the French men. Now king Henrie hauing receiued these letters, interteined them that brought this message verie courteouslie, and promising them to send ouer aid with all expedition, he caused his nauie to be made readie for that voiage. In the meane time the French king sent foorth an armie vnder the leading of Sauerie de Mauleon, who then tooke Niort and Rochell, placing in the same sundrie garrisons of souldiers, but chéefelie he fortified Rochell, which had béene long in the Englishmens hands, and alwaies serued them to verie good purpose, for the handsome landing of their people, when any occasion required. The French king therefore hauing got it, fortified it, and meant to kéepe it, to the intent the Englishmen should not haue hereafter in time of warre, so necessarie a place for their arriuall in those coasts.
[Sidenote: _Matth. Paris._]
[Sidenote: An. Reg. 9.]
[Sidenote: A parlement.]
[Sidenote: 1225.]
[Sidenote: A fiftéenth granted to the king.]
[Sidenote: Magna Charta and Charta de Forresta confirmed.]
King Henrie holding his Christmasse at Westminster, called his high court of parlement there the same time, and demanded a reléefe of monie, toward the maintenance of his warres in France, and had granted to him the fiftéenth penie in value of all the mooueable goods to be found within the realme, as well belonging to the spiritualtie as temporaltie, but vnder condition that he should confirme vnto his subiects their often demanded liberties. The king vpon desire to haue the monie, was contented to condescend vnto their requests, and so the two charters were made, and by the king confirmed, the one intituled Magna Charta, & the other Chart de Forresta. Thus at this parlement were made and confirmed these good lawes and laudable ordinances, which haue béene from time to time by the kings and princes of this realme confirmed, so that a great part of the law now in vse dependeth of the same. The same charters also were directed and sent foorth into euerie countie within the realme to be proclaimed.
[Sidenote: Forrests.]
It was moreouer decréed, that at a certeine daie after Easter, there should be an inquisition taken by the inquest of a substantiall iurie, for the seuering of forrests, the new from the old, so as all those grounds which had béene made forrests, since the daies of king Henrie the grandfather of this Henrie the third, should be disforrested. And therevpon after Easter, Hugh de Neuill, and Brian de Lisle, were sent foorth as commissioners, to take that inquisition. By force whereof, manie woods were asserted and improoued to arable land by the owners, and so not onelie men, but also dogs, which for safegard of the game were accustomed to lose their clawes, had good cause to reioise for these confirmed liberties.
[Sidenote: _Matth. Paris._]
[Sidenote: _Polydor._]
[Sidenote: Thrée hundred saith Gaguin.]
[Sidenote: Townes woon by the Englishmen.]
[Sidenote: The earle of Marsh, saith _Matth. Paris._]
In the meane time, and about the feast of the purification, king Henrie (hauing iust occasion to pursue the warre, for recouerie of those townes taken, as before you haue heard by the Frenchmen) sent ouer his brother Richard, whom he had made earle of Cornewall and Poictou, with a mightie nauie of ships vnto Gascoigne. This earle, hauing in his companie the earle of Salisburie, Philip de Albenie, and others, with prosperous wind and weather arriued at Burdeaux with foure hundred sailes, and there landing his men, went straight vnto the towne of saint Machaire, situated vpon the banke of Garon, where, vpon his first comming, he gat the castell, and sacked the towne, and then passing further, wan diuerse other townes, as Longuile, Bergerat, and other, and after went with great diligence to besiege and recouer Rochell, or rather Rioll. The French king aduertised of the earls arriuall, and of these his atchiued enterprises, sent foorth by and by the earle of Champaigne with a mightie armie into Guien to aid his people there.
[Sidenote: The Frenchmen taken at aduantage.]
[Sidenote: The earle of Cornewall raiseth his siege from the Rioll.]
[Sidenote: The death of the earle of Salisburie.]
[Sidenote: _Matth. Paris._]
The earle of Cornewall vnderstanding of the comming of that French armie, tooke a part of his host, and therewithall went to méet his enimies, and lieng in ambush for them by the way, had them at a good aduantage, and slue great numbers of them. After this, the earle of Champaigne kéeping his men within their trenches and campe, without attempting anie other exploit, the earle of Cornewall thought it sufficient, if he might kéepe the Gascoignes in obedience, which had alreadie practised a rebellion, by sending letters and messengers for the same intent vnto the French king, and therefore breaking vp his siege before the Rioll, he staied a while from exploiting any further enterprise. About the same time, the earle of Salisburie returning homwards out of Gascoigne, was so tossed and turmoiled on the seas by tempests of weather, that he fell sicke therof, and within a few daies after his arriuall died.
[Sidenote: Préests concubines forbidden christian buriall.]
¶ This yeare also, there came foorth a decrée from the archbishop of Canturburie, and his suffragans, that the concubines of préests and clearkes within orders (for so were their wiues then called in contempt of their wedlocke) should be denied of christian buriall, except they repented whilest they were aliue in perfect health, or else shewed manifest tokens of repentance at the time of their deaths. The same decrée also prohibited them from the receiuing of the pax at masse time, & also of holie bread after masse, so long as the préests kept them in their houses, or vsed their companie publikelie out of their houses. Moreouer, that they should not be purified when they should be deliuered of child, as other good women were, vnlesse they found sufficient suertie to the archdeacon, or his officiall, to make satisfaction at the next chapter or court to be holden, after they should be purified. And the préests should be suspended, which did not present all such their concubines as were resident within their parishes. Also, all such women as were conuict to haue dealt carnallie with a préest were appointed by the same decrée to doo open penance. Where the question may be asked, whether this decrée was extended to préests wiues or no? Wherevnto answer may be made, that as a quadrangle in geometrie compriseth in it a triangle, and a quaternion in arithmetike conteineth a ternion; so in logike a vniuersall proposition comprehendeth a particular. But it is said here, that all such women as had carnal knowledge with a préest, were to be punished, therefore some, and consequentlie all préests wiues. But yet this séemeth not to be the meaning of that decrée, for préests were allowed no wiues, naie Sericius the pope iudged that all such of the cleargie as had wiues could not please God, bicause they were in carne, which words he and the residue of that litter restreined to marriage, admitting in no case that churchmen should inioy the rights of matrimonie. Wherin they offer God great iniurie, in séeking to limit that large institution of wedlocke, wherein all estates are interressed; and they séeme likewise to bridle nature, and to compell hir within certeine precincts, wherein they offer intollerable iniurie to all mankind, considering that
----ad venerem compellimur exercendam Non modò nos, verùm omne animal, terræq; marísq; Naturæ imperio: facias peiora necesse est, Si non foeminei sorberis ab ore barathri.
[Sidenote: An. Reg. 10.]
[Sidenote: A legat from the pope.]
[Sidenote: _Matth. Paris._]
This yeare, or (as some saie) in the next, the king granted to the citizens of London frée warren, that is to saie, libertie to hunt within a certeine circuit about London, & that all weires in the Thames should be plucked vp and destroied. Also in this tenth yeare of his reigne, king Henrie granted to the citizens of London, that they might haue and vse a common seale. About the time of the making of which ordinances, Otho the cardinall of S. Nicholas in Carcere Tulliano came as legat from pope Honorius into England to king Henrie, presenting him with letters from the pope. The tenour whereof when the king had well considered, he declared to the legat, that without the whole assent of the estates of his realme, he could doo little in that which the pope as then required.
[Sidenote: A parlement called.]
Herevpon therefore he caused a parlement to be summoned at Westminster, there to be holden in the octaues of the Epiphanie: this legat also mooued the king in the behalfe of Fouks de Brent, that he might be restored to his possessions, and inioy his wife as before time he had doone: but the king declared that for his manifest treason committed he was iustlie exiled, and not onlie by his, but by the sentence of the nobles and other estates of the whole realme: which answer when the legat had heard, he left off to solicit the king for Fouks, and from thencefoorth talked no more of that matter. Shortlie after by waie of proxie, the said legat gathered a dutie which he claimed of the spiritualtie, that was of euerie conuentuall church within the realme two markes of siluer.
[Sidenote: 1226.]
[Sidenote: The king is sicke.]
In this yeare the king held his Christmasse at Winchester, and after comming to Marlebridge, chanced there to fall sicke, so that he laie in despaire of life for certeine daies togither. In the meane time also came the daie appointed for the parlement to begin at Westminster, where the legat and other of the spiritualtie and temporaltie being assembled, the said Otho shewed the popes letters, and according to the tenour and purport of the same, was earnestlie in hand to haue the priests to grant the yearlie paiment of a certeine pension or tribute to the pope, towards the maintenance of his estate, which they generallie denied. When he saw that this bait would not take, he onelie demanded a tenth part of all their spirituall liuings for maintenance of the wars against the Saracens, which was easilie granted, as more reasonable than the first.
[Sidenote: _Matt. Westm._]
[Sidenote: _Matth. Paris._]
[Sidenote: The cardinals request.]
¶ Here by diuerse credible writers of good credit, it should appeare, that the pope demanded to haue assigned vnto him out of euerie cathedrall church two prebends, one out of the portion belonging to the bishop, & an other out of the portion belonging to the deane and chapiter: and likewise of the abbeies, where there were seuerall portions, that is to saie, so much of the conuent as belonged to the finding of one moonke, and as much also of euerie abbats liuing as should counteruaile the same. The cardinall vsed iollie persuasions to induce the prelats to assent to this grant, alledging that the church of Rome was run in great slander for taking of monie in dispatch of suiters causes, which arose by meanes there was no maintenance of liuing sufficient for the churchmen there: and therefore he added, how it was the parts of naturall children to reléeue the necessitie of their louing mother, and that except the charitable deuotion of them and other good and well disposed persons were shortlie extended, they should want necessarie maintenance for the sustentation of their liues, which shuld be altogither an vnséemlie thing for the dignitie of the Romane church.
[Sidenote: The answer of Iohn the archdeacon of Bedford.]
The clergie resorting togither to take aduise what answer they should make, at length vpon their resolute determination, Iohn the archdeacon of Bedford was appointed to tell the tale for them all: who comming before the cardinall, declared boldlie vnto him, that the demand which he had proponed, touched the king especiallie, and generallie all the nobilitie of the realme, which were patrons of anie churches. He added furthermore, how the archbishops and bishops, and manie other of the prelats of England (sithens the king by reason of his sicknesse could not be there) were also absent, so that they which were there present, being but as it were the inferiour part of the house, neither might nor ought to make anie resolute answer as then in this matter. Immediatlie herewith also came the lord Iohn Marshall, and other messengers from the king vnto all the prelats that held anie baronies of the king, streightlie commanding them, that they should in no wise bind and indanger his lai fée vnto the church of Rome, whereby he might be depriued of his due and accustomed seruices, and so euerie man herevpon departed and went home.
[Sidenote: _Fabian._]
[Sidenote: A grant to the citizens of London.]
[Sidenote: _Matth. Paris._]
This yeare, the plées of the crowne were pleaded in the tower of London. And on the sixtéenth daie of March in this tenth yeare of his reigne, the king granted by his charter insealed, that the citizens of London should passe toll frée through all England, and if anie of them were constreined in anie citie, borough or towne within the realme, to paie toll, that then the shiriffes of London might attach anie man of the said citie, borough or towne, where such toll was exacted, being found within the liberties of London, and him reteine with his goods and cattels, till the citizens that paid such toll were satisfied, by restitution of the same, with all costs and charges susteined in the suit. Howbeit, about the same time, the king constreined the Londoners to giue vnto him the summe of fiue thousand marks as a fine, for that they had aided and succoured his aduersarie Lewes against him, and lent to the said Lewes at his departure out of the realme a like summe. But it may rather be thought they gaue vnto the king the said fiue thousand marks for his fauour shewed in granting vnto them the aboue mentioned fréedome and liberties. At the same time, he had also twelue hundred pounds of the burgesses of Northampton, besides the fiftéenth, which not onelie they, but also the Londoners, and all other generallie through the realme, paid accordinglie as it was granted.
[Sidenote: An. Reg. 11. 1227.]
[Sidenote: A parlement at Oxford. The king of lawfull age.]
[Sidenote: _Matth. Paris._]
[Sidenote: _Polydor._]
[Sidenote: The charters cancelled.]
In Februarie, the king called a parlement at Oxford, in the which he made open declaration vnto all the assemblie, that he was now of lawfull age to gouerne of himselfe, without anie to haue rule ouer him, and so whereas before he was gouerned first by the earle of Penbroke lord protectour, whilest he liued, & after by the bishop of Winchester and others, he now remooued them from him by the counsell of the lord chéefe iustice, taking the regiment wholie to himselfe, & to such as should please him from thencefoorth to appoint. Also in the same parlement, he did cancell and disanull the two charters before mentioned, after that the same had béene vsed through the realme for the space of two yeares, pretending them to be of no value sith they were sealed and signed whilest he was vnder age. This déed of the king was gréeuouslie taken, and all the blame put in the lord chiefe iustice. Herewith all such also as claimed anie manner charters of liberties, were appointed to remooue the same (a practise onelie to get monie) and to get them confirmed with the kings new seale, the old being made void and pronounced of none effect.
[Sidenote: The death of Lewes the French king.]
[Sidenote: The earle of Marsh commeth ouer to the king and offereth him his seruice.]
[Sidenote: _Polydor._]