Part 2

(14) Henceforth, no forester who is not a forester of fee[9] paying us a ferm for his office, shall take any cheminage[10] in his bailiwick; but a forester of fee paying us a ferm for his office may take cheminage as follows:--for every cart, twopence per half year; for a horse bearing a burden, one halfpenny per half year; and only from those such as merchants, who come from outside his bailiwick into his bailiwick by his licence to buy brushwood, timber, bark, or coal, and to take and sell these articles in another place; and from no other load shall any cheminage be taken; nor shall cheminage be taken except in accustomed and due places. Those who carry on their backs brushwood, bark, or coal, to sell, although by this they make a living, shall pay no cheminage. Cheminage shall not be taken by our foresters save in our demesne woods.

(15) All outlaws for forest offences, from the time of King Henry our grandfather up to the time of our first coronation, may come freely into our peace, and find pledges that for the future they transgress not our forest laws.

(16) No castellan or any other shall hold forest pleas, whether of venison or of vert, but every forester of fee may attach forest pleas both of venison and of vert, and present them to the verderers of the district, and when they have been enrolled and enclosed under the seals of the verderers, they shall be presented to the chief forester when he comes into these parts to hold the pleas of the forest, and before him they shall be determined....

Given at Saint Paul's, London, on the sixth day of November, in the second year of our reign.

[1] Right of pasture.

[2] Encroachments.

[3] Clearings made by cutting down trees.

[4] "The chapters of the reguard" concerned all encroachments on the royal rights.

[5] Admit cattle for a defined time into the woods.

[6] Officials who made preliminary inquiry into forest offences.

[7] "Venison" covered the taking of game; "vert" destruction of woods, etc.

[8] Payment made for the liberty of pasturing swine.

[9] A forester who held his office on condition of feudal homage.

[10] Toll for liberty of passage through a forest.

CONCERNING A WRESTLING-MATCH AND DISTURBANCES IN THE CITY OF LONDON (1223).

+Source.+--_Annals of Dunstable_, pp. 78-79. (_Annales Monastici_, vol. iii.--Rolls Series.)

In the one thousand two hundred and twenty-third year after the Incarnation of Christ, there took place at London a wrestling-match between the household of the Abbot of Westminster and certain of the younger citizens of London; but their joy was turned to mourning. For though the household of the abbot had prevailed overnight, several being wounded on either side, on the following morning the Londoners chose to themselves a new Mayor, assembled armed mercenaries under the city standard, and having appointed a commander, set out against the church of Westminster. But some wise man's counsel turned them from this aim, and instead they attacked the houses belonging to the abbot's seneschal, alike within the city and without. And they carried off his possessions--both animals and other chattels. Some days thereafter, while Philip Daubeny, one of the household of our lord the King, was residing in London, the Abbot of Westminster visited him bearing a complaint of the violence to which he had been subjected; and the Londoners, learning this, surrounded the house like bees, seized twelve horses belonging to the abbot, and having beaten his servants and ill-treated the knights who were in his company, attempted to take the abbot himself. But while Philip strove in vain to stay the tumult, the abbot secretly departed by the back of the house and entered a vessel on the Thames; while the boatman rowed it away from the bank, stones were cast after them by the citizens, but the abbot succeeded with difficulty in escaping. When the news of these great disturbances reached the ears of the Justiciar, he summoned the Mayor and chief men of the city, and inquired who were the principal ringleaders in the riot. After the inquiry Constantine Fitz-Athulf and two of his nephews, of noble birth, were hung, because, when accused, they answered with insolence. Thereafter the lord King, because the citizens murmured at this, took from them sixty hostages, whom he sent to be kept in custody in different castles; further, he deposed the Mayor of the city, and appointed in his stead his own keeper. He also ordered a great gibbet to be prepared; finally, the citizens, after severe reprimands from the King and frequent consultations with the Barons, were reconciled with the King, by paying a fine of many thousand marks.

THE COMING OF THE FRIARS (1224).

+Source.+--_Monumenta Franciscana_, vol. i., pp. 5 _et seqq._ (Rolls Series.)

In the year of our Lord 1224, in the time of the lord Pope Honorius, and in the same year in which the Rule of the Blessed Francis was confirmed by him, in the eighth year of the reign of King Henry, son of John, on the third day after the Feast of the Nativity of the Blessed Virgin, which fell that year on a Sunday, the Minorite Brethren first landed in England at Dover; there were four clerks and five laymen. The following were the clerks:--First, Brother Agnellus of Pisa, a deacon of about thirty years old, who had been appointed by the Blessed Francis in the last general chapter, Provincial Minister in England.... The second was Brother Richard of Ingworth, an Englishman, a priest and preacher somewhat more advanced in years, who was the first to preach to the people beyond the mountains.... The third was Brother Richard of Devon, also an Englishman, a young acolyte, who left us divers examples of longsuffering and obedience.... The fourth was Brother William Ashby, a youthful Englishman, still a novice wearing the garb of probation.

The laymen were these:--First, Brother Henry of Ceruise, a Lombard, who, on account of his sanctity and great discretion, was made warden of London, and who, when his period of labour in England was completed, after the numbers of the brethren had been increased, returned to his own country. The second was Brother Laurence, from Beauvais, who was engaged at the beginning in uncompleted work, according to the injunctions of the Rule; afterwards he journeyed to the Blessed Francis, whom he was favoured to see frequently, and by whose conversation he was comforted; finally, the holy Father freely gave him his robe, and with a most pleasant benediction sent him back joyful to England.... The third was Brother W. of Florence, who returned to France, soon after the reception of the brethren (in England). The fourth was Melioratus; the fifth, Brother Jacobus Ultramontanus, still a novice in the garb of probation.

These nine, who had been brought across for charity to England and freely supplied with necessaries by the monks of Fécamp, came to Canterbury and abode at the priory of the Holy Trinity for two days; then four of them, to wit, Brother Richard of Ingworth, Brother Richard of Devon, Brother Henry, and Brother Melioratus, proceeded to London. The five others went to the Hospital of Poor Priests, where they remained until they had prepared a place of residence for themselves; soon after, a small room within the school was given to them, where they remained from day to day, shut up almost constantly. When the scholars returned home in the evening, the brethren entered the house where the scholars had been seated, made themselves a fire, and sat near it; sometimes, when they wished to drink, they placed on a fire a pot with the dregs of beer, and put a dish in the pot, and drank in turn, speaking each some words of pious instruction; and as he bears witness who shared in their real simplicity, and was a participator in their holy poverty, their drink was often so thick that, when the pots came to be heated, they poured in water, and so drank with pleasure....

The four brethren, of whom I have spoken above, when they came to London, betook themselves to the Friars Preachers, by whom they were kindly received, and with whom they remained for two weeks, eating and drinking what was set before them, like intimate friends. Afterwards they hired a house in the village of Cornhill, where they constructed cells, stuffing the interstices between the cells with grass. They remained until the following summer in their early simplicity, without a chantry, because they had yet no privilege to erect altars and celebrate divine service in their house. Just before the Feast of All Saints, and before Brother Agnellus had come to London, Brother Richard of Ingworth and Brother Richard of Devon came to Oxford, and there also were most kindly received by the Preaching Brothers, in whose refectory they ate, and in whose dormitory they slept, for eight days. Afterwards they hired for themselves a house in the parish of S. Ebba, and there remained without a chantry until the following summer. There the Blessed Jesus sowed a grain of mustard-seed, which afterwards became the greatest among herbs. From that place Brother Richard of Ingworth and Brother Richard of Devon set out to Northampton, where they took up their abode in the hospital. And afterwards they hired for themselves a house in the parish of S. Egidius, where the first warden was Brother Peter of Spain, who wore an iron corselet next his body and furnished many other examples of perfection. The first warden of Oxford was Brother William Ashby, hitherto a novice; he was now given the dress of the Order. The first warden of Cambridge was Brother Thomas of Spain; of Lincoln, Brother Henry Misericorde, a layman. The lord John Travers first received the brethren at Cornhill, and gave them a house; a certain layman from Lombardy was appointed warden, who first taught letters by night in the church of the Blessed Peter at Cornhill, and afterwards became Vicar of England, while Brother Agnellus went to the general chapter. In the vicarate he had as his associate Brother Richard of Ingworth; in the end, being unable to endure such heights of prosperity, and being weakened by so many honours, he became insane, and apostatised from the Order. It is worthy of note that in the second year of the administration of Brother Peter, fifth Minister of England, that is to say, in the thirty-second year after the arrival of the brethren in England, the number of brethren living in the province of England, in forty-nine places, amounted to MCCXLII.

THE RULE OF SAINT FRANCIS (1224).

+Source.+--_Monumenta Franciscana_, vol. ii., pp. 65 _et seqq._ (Rolls Series.)

(The following extracts are from an English translation of the fifteenth century. The Rule itself was confirmed by Honorius III. in 1224.)

In the name of God: here begynneth the rewle and the lif of the bretherne minoris, the first chapiter.

The rewle and lif of the bretherne mynorys is this, to obserue and kepe the holy gospelle of our Lord Jhesu Christ in lyving in obedience, without propre,[11] and in chastite. Brother Fraunces promyseth obedience and reuerence to the lord Honory, Pope, and to his successours laufully enteryng, and to the churche of Rome; and alle other bretherne be bownde to obey vnto brother Fraunces and to his successours.

II. Of them that wille resceive this lyf, and in what maner they may be resceyved:

Yf any that will resceive this lyf comme to oure bretherne, let them send them to ther mynysters provinciallis, vnto whom only, and to none other, licence ys grauntyd to resceyve bretherne. The mynysters dilygently shall examyn them of the Crystene feithe, and of the sacrementis of the churche. The mynysters dilygently shall examyne, and yf they stedfastly beleve in them, and will truly and feithfully graunt and confesse them, and to the ende of ther lyf stedfastly kepe them: and yf they have no wifys: ... let them say too them the wordis of the holy gospelle, that ys to say that they go and selle all ther goodis, and indever them self to distrybute them to poor people, the whiche if they may not doo yt suffisethe ther good wille. And the bretherne shalbe wel ware that they medle not nor enbesy them self with ther temporalle goodis or procuryng therof, that they may frely do ther with what so euer God putteth or enspireth in ther myndis. Nevertheles, if cownselle be desired and askyd of them therin, the mynisteris haue licence to send them vnto somme persones dredyng God, by whose counselle ther goodis may be distrybuted and givenne to poor people. Then, after this, they shall graunt to them the clothyng of probation, that ys to say ij cootis withoute a hode, a corde, a femoralle, a schapelet downe too the girdle. But yf yt be thowghte expedient too the seide mynisters godly otherwise to be done or dispensyd at summe tyme, the yere of probation fynyshed and endid, they may resceyve them to obedience and profession. And in nowise yt may be lawfulle to them to forsake this religion, after and accordynge to the commaundement of the Pope, for, after the saying of the holy gospelle, no manne puttynge his hand too the plowghe and lokyng backwardis ys apte to[12] the kyngdome of hevyne. And they whiche arre professid and haue promysed obedience shalle haue oone cote with a hoode, and a nother withoute a hoode that wille have yt, and suche as haue nede or as ar constreynyd by necessyte may were shoone. And alle the bretherne must be clothid with symple and vyle clothinge. And they may pece them and amende them with pecis of sak clothe, or with other pecis, with the blissyng of God. Whom I warn and exhorte that they dispise nor juge those men whiche they se clothid with delicate and softe clothyng, or with colowred and costly aray, use delicius metis and drynkis, but moche more rather eche of them shoulde juge and despise hymself.

III. How the bretherne shold behave them self when they goo by the weye:

... I cownsell also warne and exhorte my bretherne in oure Lorde Jhesu Criste that they bralle nat, nor strive in ther wordis or communication, nor that they juge norre deme[13] none other men; but that thei be meke, peasible, softe, gentille and curteis, and lowly, honestly spekynge and answerynge to euery manne as vntoo them accordith and belongith. And they shalnot ride, but yf they be constrayned by evident necessitee or ellis by sekeness. In to what house or place someuer they enter they shalle saye firste, "pece be vnto this howse." And, accordynge too the holy gospelle, they may ete of all maner of mettis whiche be sette before them.

IV. That the bretherne may not resceive any coyne or money:

I commande stedfastly and straitly too all the bretherne that in no wise they resceive any maner of coyne or money, nother by them self nor by none other meane person. Neuertheles for the necessite of the seke bretherne, and for the other bretherne to be clothid or nedynge clothinge, by goostly and spiritualle frendis, the mynysters oonly and the custodyes or wardens shalle haue diligent cure and charge accordyng to the placis, too the tymes or seasons, and to the colde cowntreis and regions; lyke as yt shall seme them expedient too ther necessite or nede. Savyng this alwaies that lyke as yt is before saide they may nat resceive ony maner of coyne or money.

V. The maner how the bretherne shall use and occupie them self in bodily labour.

The bretherne too whom God hath gyven grace and strengthe to labowr shall laboure truly and deuoutly, so and in suche wise that Idlenes, the enemy of the soule, excluded and put awey, they quenche not the inward feruour and sprite of holy prayer and devoycoun whereunto alle transetory and temporalle thyngis oughte deserne[14] and geve place. As of the hier and availe for ther laboure, they may resceive for them self and for ther bretherne, those thinggis that be necessary and nedefulle to ther bodies, except coyne or money. And that louly and mekely, as appartainith and belongith the saruauntis of God and the trewe folouaris of most parfyte and holy pouerte.

VI. Howe that the bretherne may not appropre to them ony thinge in any maner of wyse:

The bretherne shall nothynge appropre to them, nother in howsing nor in londis, nor in rent nor in any maner of thynge, but lyke pilgrimis and strangers in this world, in pouerte and mekenes, saruyng Almyghty God. They shalle feithefully, boldly, and surely and mekely goo for almys. Nor they shalnot nor owghte not to be ashamed, for our Lord made hym self poor in this worlde.

[11] Property.

[12] Fit for.

[13] Condemn.

[14] Yield.

PAPAL DEMANDS FOR PREBENDS (1226).

+Source.+--_Roger of Wendover_, vol. ii., pp. 466-468. (Bohn's Libraries.)

In the meantime the period fixed on for holding the council at Westminster at the Feast of S. Hilary was now come, at which the King, the clergy, and nobles of the kingdom were bound to appear to hear the Pope's message. Many Bishops, therefore, with others of the clergy and laity, assembled at the above place, and Master Otho, the messenger of our lord the Pope, of whom mention has been made before, read the Pope's letters in the hearing of them all. In these letters the Pope set forth a great scandal and old abuse of the Holy Church of Rome--namely, an accusation of avarice, which is said to be the root of all evil, and especially because no one could manage any business at the Court of Rome without a lavish expenditure of money and large presents. "But since the poverty of the Roman Church is the cause of this offence and evil name, it is the duty of all to alleviate the wants of their mother and father as natural sons; because unless we received presents from you and other good and honourable men, we should be in want of the necessaries of life, which would be altogether inconsistent with the dignity of the Roman Church. In order, therefore, utterly to destroy this abuse, we, by the advice of our brethren the Cardinals of the Holy Roman Church, have provided certain terms, to which if you will agree, you may free your mother from insult, and obtain justice at the Court of Rome without the necessity of making presents. Our provided terms are these: In the first place, we require two prebends to be granted to us from all cathedral churches, one from the portion of the Bishop and another from the chapter; and from monasteries in the same way where there are different portions for the abbot and the convent; and from convents the share of one monk, on an equal distribution being made of their property, and the same from the abbot."

After making these proposals, Master Otho, on behalf of our lord the Pope, advised the prelates to consent, setting forth the above-mentioned advantages contained in the letters. The Bishops and prelates of the Church who were present in person then moved apart to consult on the matter, and after having deliberated on the proposals for some time, they deputed John, Archdeacon of Bedford, to give their answer, who went before Master Otho, and gave the following reply to his demands: "My lord, ... since the King, on account of illness, and some of the Archbishops and Bishops and other prelates of the Church are absent, we cannot, and, in their absence, ought not to give you an answer; for if we were to presume so to do, it would be to the injury of all who are absent." After this, John Marshal and other messengers of the King were sent to all the prelates who held baronies in chief of the King, strictly forbidding them to engage their lay fee to the Church of Rome, by which he would be deprived of the service which was due to himself. Master Otho, on hearing this, appointed a day in the middle of Lent for those who were then present to meet, when he would procure the presence of the King and the absent prelates, that the affair might be brought to a conclusion; they, however, would not agree to the aforementioned day, without the consent of the King and the others who were absent, and in this way all returned home.

THE KING ANNULS THE GRANTS MADE DURING HIS MINORITY (1227).

+Source.+--_Roger of Wendover_, vol. ii., pp. 485-486. (Bohn's Libraries.)

In the month of February in the same year the King assembled a council at Oxford, and before all present he declared himself of legitimate age to be released from wardship, and to take the chief management of the kingly duties. And thus the former pupil and ward of William Marshal during his life, and after his death of Peter, Bishop of Winchester, now, by the advice of Hubert de Burgh, Justiciary of England, freed himself from all counsel and restraint of the said Bishop and his friends, who had formerly been, as it were, his schoolmasters, and dismissed them all from his Court and from all connection with him. At the same council, too, the said King annulled and cancelled the Charters of the Liberties of the Forests in all the counties of England, after they had been in practice throughout the whole of England for two years; and as a reason for this he alleged that the Charters had been granted, and the liberties written and signed, whilst he was under the care of a guardian, and had no power over his own body or his seal, and therefore, as it had been an unreasonable usurpation, it could no longer stand good. On this, a great murmur rose amongst the council, and all decided that the Justiciary was the author of this trouble; for he afterwards became so intimate with the King that all the other councillors of the kingdom were thought nothing of. Orders were then given to the religious men and others, who wished to enjoy their liberties, to renew their charters under the new seal of the King, as they knew that he held the old charters to be invalid; and for this renewal a tax was levied, not according to the means of each of them, but they were compelled to pay whatever the Justiciary determined on.

ARTICLES OF ACCUSATION AGAINST HUBERT DE BURGH (1232).

+Source.+--_State Trials_, vol. i., coll. 13-22.

Articles of accusation against Hubert de Burgh:

I. That his lord the King requires of him an account of all the revenue of the kingdom, for the fourteen years next following the death of King John his father, from which time he took upon him the keeping and management of the same, without any authority....

II. Concerning the collection of the whole fifteenth, which, according to the Great Council of the whole kingdom, ought to have been kept and held in deposit, so that no part of it should have been taken until the arrival at age of our lord the King, unless under the inspection of six Bishops and six Earls specially appointed for the purpose; nor so but for the defence of the kingdom; the amount of which was about 89,000 marks of silver.

III. Concerning the territory in Poitou, of which King John died seised, and of which our lord the King that now is had seisin when the said Earl took upon him the custody of the realm; to wit, the territory of Rochelle, Niort, and St. John; who, when he ought, for the rescue of these territories, to have sent treasure and corn, sent barrels filled with stones and sand, so that when the Barons and great men of our lord the King, and the burgesses, perceived that default, they abandoned the homage and service of our lord the King, and turned themselves to the enemies of our lord the King, by means whereof our lord the King lost Poitou.

IV. That while our lord the King was under age, and it was necessary to succour Poitou, and the King's army should have gone to Poitou, the Earl caused the Castle of Bedford to be besieged, where our lord the King and his great men of England expended a very large quantity of money before it was taken....