diff options
Diffstat (limited to 'old/50790-0.txt')
| -rw-r--r-- | old/50790-0.txt | 5211 |
1 files changed, 0 insertions, 5211 deletions
diff --git a/old/50790-0.txt b/old/50790-0.txt deleted file mode 100644 index bd21786..0000000 --- a/old/50790-0.txt +++ /dev/null @@ -1,5211 +0,0 @@ -The Project Gutenberg EBook of The Growth of Parliament and the War with -Scotland, by William Dunkeld Robieson - -This eBook is for the use of anyone anywhere in the United States and most -other parts of the world at no cost and with almost no restrictions -whatsoever. You may copy it, give it away or re-use it under the terms of -the Project Gutenberg License included with this eBook or online at -www.gutenberg.org. If you are not located in the United States, you'll have -to check the laws of the country where you are located before using this ebook. - -Title: The Growth of Parliament and the War with Scotland - 1216-1307 - -Author: William Dunkeld Robieson - -Editor: S. E. Winbolt - Kenneth Bell - -Release Date: December 30, 2015 [EBook #50790] - -Language: English - -Character set encoding: UTF-8 - -*** START OF THIS PROJECT GUTENBERG EBOOK GROWTH OF PARLIAMENT, WAR WITH SCOTLAND *** - - - - -Produced by Close@Hand, Chris Pinfield and The Online -Distributed Proofreading Team at http://www.pgdp.net (This -file was produced from images generously made available -by The Internet Archive). - - - - - -Transcriber's Note. - -Apparent typographical errors have been corrected. The use of hyphens -has been rationalised. - -Notices of other books in the series have been moved to the end of the -text. - -Small capitals have been replaced by full capitals, italics are -indicated by _underscores_, and bold font is indicated by +plus signs+. - -Superscripts have been removed. - - - - - BELL'S ENGLISH HISTORY SOURCE BOOKS - - _General Editors_: S. E. WINBOLT, M.A., and KENNETH BELL, M.A. - - - THE GROWTH OF PARLIAMENT - AND THE WAR WITH SCOTLAND - (1216-1307) - - - BY - W. D. ROBIESON, M.A. - ASSISTANT TO THE PROFESSOR OF HISTORY IN THE UNIVERSITY OF GLASGOW - - - [Illustration] - - - LONDON - G. BELL AND SONS, LTD. - 1914 - - - - -INTRODUCTION - - -This series of English History Source Books is intended for use with any -ordinary textbook of English History. Experience has conclusively shown -that such apparatus is a valuable--nay, an indispensable--adjunct to the -history lesson. It is capable of two main uses: either by way of lively -illustration at the close of a lesson, or by way of inference-drawing, -before the textbook is read, at the beginning of the lesson. The kind of -problems and exercises that may be based on the documents are legion, -and are admirably illustrated in a _History of England for Schools_, -Part I., by Keatinge and Frazer, pp. 377-381. However, we have no wish -to prescribe for the teacher the manner in which he shall exercise his -craft, but simply to provide him and his pupils with materials hitherto -not readily accessible for school purposes. The very moderate price of -the books in this series should bring them within the reach of every -secondary school. Source books enable the pupil to take a more active -part than hitherto in the history lesson. Here is the apparatus, the raw -material: its use we leave to teacher and taught. - -Our belief is that the books may profitably be used by all grades of -historical students between the standards of fourth-form boys in -secondary schools and undergraduates at Universities. What -differentiates students at one extreme from those at the other is not so -much the kind of subject-matter dealt with, as the amount they can read -into or extract from it. - -In regard to choice of subject-matter, while trying to satisfy the -natural demand for certain "stock" documents of vital importance, we -hope to introduce much fresh and novel matter. It is our intention that -the majority of the extracts should be lively in style--that is, -personal, or descriptive, or rhetorical, or even strongly partisan--and -should not so much profess to give the truth as supply data for -inference. We aim at the greatest possible variety, and lay under -contribution letters, biographies, ballads and poems, diaries, debates, -and newspaper accounts. Economics, London, municipal, and social life -generally, and local history, are represented in these pages. - -The order of the extracts is strictly chronological, each being -numbered, titled, and dated, and its authority given. The text is -modernised, where necessary, to the extent of leaving no difficulties in -reading. - -We shall be most grateful to teachers and students who may send us -suggestions for improvement. - - S. E. WINBOLT. - KENNETH BELL. - - -NOTE TO THIS VOLUME - -I am indebted to Messrs. MacLehose and Co. for permission to reprint two -passages from Sir Herbert Maxwell's translation of the "Chronicle of -Lanercost," which appeared in the _Scottish Historical Review_. - - W. D. R. - - GLASGOW, - _January, 1914_ - - - - -TABLE OF CONTENTS - - - PAGE - - INTRODUCTION v - - DATE - - 1216. CORONATION OF HENRY III. _Roger of Wendover_ 1 - - 1217. THE FAIR OF LINCOLN _Annals of Dunstable_ 2 - - 1217. THE BATTLE OF SANDWICH _Histoire des Ducs_ 4 - - 1217. WHY LOUIS WAS UNSUCCESSFUL - IN ENGLAND _Canon of Barnwell_ 5 - - 1217. CHARTER OF THE FOREST _Statutes of the Realm_ 5 - - 1223. A WRESTLING-MATCH AND - DISTURBANCES IN LONDON _Annals of Dunstable_ 9 - - 1224. THE COMING OF THE FRIARS _Monumenta Franciscana_ 10 - - 1224. THE RULE OF ST. FRANCIS _Monumenta Franciscana_ 13 - - 1226. PAPAL DEMANDS FOR PREBENDS _Roger of Wendover_ 16 - - 1227. HENRY ANNULS THE GRANTS MADE - DURING HIS MINORITY _Roger of Wendover_ 18 - - 1232. ACCUSATIONS AGAINST - HUBERT DE BURGH _State Trials_ 19 - - 1233. THE POITEVIN INVASION _Roger of Wendover_ 21 - - 1238. THE PAPAL LEGATE AT OXFORD _Matthew Paris_ 23 - - 1240-44. PAPAL EXACTIONS _Matthew of Westminster_ 25 - - 1242. THE ENGLISH IN FRANCE _Matthew of Westminster_ 27 - - 1248. THE KING VEXES HIS SUBJECTS _Matthew Paris_ 32 - - 1249. A CHANGE OF RULER IN SCOTLAND _John of Fordun_ 34 - - 1253. THE MISDEEDS OF THE SENESCHAL - CHRONICON OF GASCONY _Thomæ Wykes_ 35 - - 1254. IRELAND GRANTED TO EDWARD _Historical Documents - (Ireland)_ 37 - - 1254-57. THE SICILIAN CROWN _Matthew Paris_ 37 - - 1258. EXPULSION OF THE POITEVINS _Annals of Waverley_ 40 - - 1258. KING CONSENTS TO ELECTION - OF TWENTY-FOUR _Rymer's Fœdera_ 41 - - 1258. PROVISIONS OF OXFORD _Annals of Burton_ 42 - - 1261. HENRY REPUDIATES THE PROVISIONS _Matthew of Westminster_ 48 - - 1263. QUEEN INSULTED BY THE LONDONERS _William Rishanger_ 50 - - 1263. THE BATTLE OF LARGS _Androw of Wyntoun_ 50 - - 1264. THE MISE OF AMIENS _Rymer's Fœdera_ 52 - - 1264. THE BATTLE OF LEWES _Continuation of Paris_ 53 - - 1264. VIEWS OF THE KING AND BARONS - CONCERNING THE GOVERNMENT - OF ENGLAND _The Song of Lewes_ 56 - - 1264. THE MISERIES OF CIVIL WAR _Chronicon Thomæ Wykes_ 59 - - 1264. DE MONTFORT'S SCHEME - OF GOVERNMENT _Rymer's Fœdera_ 60 - - 1265. THE EVESHAM CAMPAIGN _Continuation of Paris_ 62 - - 1265. CHARACTER OF DE MONTFORT _Continuation of Paris_ 64 - - 1266-67. THE DISINHERITED IN ELY _Chronicon Thomæ Wykes_ 65 - - 1270-72. EDWARD IN THE EAST _Continuation of Paris and - Matthew of Westminster_ 68 - - 1272. PARLIAMENT ARRANGES FOR - THE INTERREGNUM _Annals of Winchester_ 71 - - 1272. CHARACTER OF EDWARD I. _Nicholas Trivet's Annals_ 72 - - 1277. ACQUISITION OF WALES _Matthew of Westminster_ 73 - - 1278. DISTRAINT OF KNIGHTHOOD _Parliamentary Writs_ 74 - - 1278. EARL OF WARRENNE'S TITLE - TO HIS LANDS _Walter of Hemingburgh_ 75 - - 1279. STATUTE OF MORTMAIN _Statutes of the Realm_ 75 - - 1281-82. REBELLION IN WALES _Annals of Dunstable - and Oseney_ 77 - - 1285. STATUTE OF WINCHESTER _Statutes of the Realm_ 80 - - 1286. GOOD GOVERNMENT OF ALEXANDER III. _Book of Pluscarden_ 84 - - 1286. POPULAR SONG ON THE DEATH - OF ALEXANDER III. _Androw of Wyntoun_ 86 - - 1290. EXPULSION OF THE JEWS _Walter of Hemingburgh_ 86 - - 1292. BALLIOL DOES HOMAGE TO EDWARD _Nicholas Trivet's Annals_ 88 - - 1293. OUTBREAK OF WAR BETWEEN ENGLAND - AND FRANCE _Walter of Hemingburgh_ 89 - - 1295. WRITS OF SUMMONS TO PARLIAMENT _Report on Dignity - of a Peer_ 92 - - 1295. EVIL PRIESTS CAUSE - THE PEOPLE'S RUIN _Chronicle of Lanercost_ 94 - - 1296. THE VOYAGE OF KYNGE EDWARDE _Archæologia_ 95 - - 1296. THE SIEGE OF BERWICK _Chronicle of Lanercost_ 99 - - 1296. OPPRESSION OF SCOTLAND BY - THE ENGLISH _Barbour's Bruce_ 100 - - 1296-97. POPE FORBIDS THE TAXATION - OF THE CLERGY _Walter of Hemingburgh_ 101 - - 1297. NOBLES REFUSE TO GO TO GASCONY - WITHOUT THE KING _Walter of Hemingburgh_ 105 - - 1297. WILLIAM WALLACE _Book of Pluscarden_ 107 - - 1297. CONFIRMATION OF THE CHARTERS _Walter of Hemingburgh_ 110 - - 1298. BATTLE OF FALKIRK _Walter of Hemingburgh_ 113 - - 1299-1303. SCOTLAND AFTER FALKIRK _Book of Pluscarden_ 116 - - 1306. BRUCE CROWNED KING OF SCOTLAND _Nicholas Trivet's - Annals_ 119 - - 1307. DEATH OF EDWARD I. _Walter of Hemingburgh_ 119 - - 1307. EPITAPH OF EDWARD I. 120 - - - - - THE GROWTH OF PARLIAMENT - AND THE - WAR WITH SCOTLAND - (1216-1307) - - - - -THE CORONATION OF KING HENRY III. (1216). - -+Source.+--_Roger of Wendover_, vol. ii., pp. 379-380. (Bohn's -Libraries.) - - -After the death of King John, on the eve of the day of the Apostles -Simon and Jude, an assembly was convened at Gloucester in the presence -of Gualo, the legate of the Apostolic See, at which there were present -Peter, Bishop of Winchester, Silvester, Bishop of Worcester, Ralph, Earl -of Chester, William Marshal, Earl of Pembroke, William, Earl of Ferrers, -John Marshal, and Philip d'Albiney, with abbots, priors, and a great -number of others, to arrange for the coronation of Henry, the eldest son -of King John. On the day following, all preparations for the coronation -having been made, the legate, in company with the Bishops and nobles -aforesaid, conducted the King in solemn procession to the conventual -church to be crowned; and there, standing before the great altar, in the -presence of the clergy and people, he swore on the Holy Gospels and -other reliques of the saints that he would observe honour, peace, and -reverence towards God and Holy Church and its ordained ministers all the -days of his life; he also swore that he would show strict justice to the -people entrusted to his care, and would abolish all bad laws and -customs, if there were any in the kingdom, and would observe those that -were good, and cause them to be observed by all. He then did homage to -the Holy Church of Rome and to Pope Innocent for the kingdoms of England -and Ireland, and swore that, as long as he held these kingdoms, he would -faithfully pay the thousand marks which his father had given to the -Roman Church. After this, Peter, Bishop of Winchester, placed the crown -on his head, and anointed him King with the usual ceremonies of prayer -and chanting observed at coronations. After mass had been performed, the -Bishops and knights above-mentioned clothed the King in royal robes, and -conducted him to table, where they all took their seats according to -their rank, and feasted amidst mirth and rejoicing. On the following -day, the King received the homage and fealty of all the Bishops, Earls, -and others present, and they all promised faithful allegiance to him. -Henry was crowned in the tenth year of his age, on the day of the -Apostles Simon and Jude, which was the 28th day of the month of October. - - - - -THE FAIR OF LINCOLN (1217). - -+Source.+--_Annals of Dunstable_, pp. 49-50. (_Annales Monastici_, vol. -iii.--Rolls Series.) - - -Meanwhile the Earl of Chester laid siege to the Castle of Mount Sorel -with the King's army; but the Barons, who had been delaying in London, -set out with the Count of Perche, the Marshal of France, and a thousand -men, granted to them by Louis, and proceeded innocently enough as far as -Dunstable, but thereafter devastated everything, sparing not even widows -and churches. They forced the Earl to raise the siege of the -above-mentioned castle, and then, after changing its garrison, and -renewing its stock of provisions, they continued on their way to -Lincoln, where, joining Gilbert de Gaunt and other Barons there present, -they besieged the Castle of Lincoln, which was gallantly defended by a -noble lady, Nicola by name. But some days afterwards, the legate, with -William Marshal and the Bishops, Earls, and other partisans of the King, -wearing white crosses on the breasts of their tunics reached Newark in -pursuit; the legate advanced no further, but delegated to the Bishop of -Winchester his duties of absolving the loyal subjects of the King from -their sins, and of encouraging them to make a bold stand. When the -King's party approached Lincoln from the west, the Barons who were -within drew up their line of battle and placed their scaling-ladders -outside the city on the west side; but when they perceived the Royalists -coming on with a powerful force, they adopted some coward's base -counsel, and began to retreat within the city, being pursued by the -royal army up to the gate and walls which give on the north. A brave -knight, Fawkes de Breauté, who had been admitted by a guard into the -castle through the postern gate, assaulted the Barons in the rear; -whereupon they, seeing themselves attacked from both sides, left the -walls, and descending towards Wigford, turned their weapons against -Fawkes. But Simon de Peschi, with Henry Braybrook and eighty thousand -Frenchmen, fled, and proceeded to London by way of Lynn and St. Edmunds. - -Meanwhile the royal troops entered the city from every side, and, coming -up with the Count of Perche defending himself gallantly in a churchyard, -killed him, having first put his horse to death. Then the citizens, -seized with panic, took to flight and perished in great numbers in the -rivers. All the Barons were taken prisoners, one after another, and the -city was given over to plunder, the victors even despoiling the -churches, heedless of the divine favours bestowed on them. Many foot -soldiers, also--Frenchmen especially--were seized here and there as they -fled towards London and put to death by the peasants. Those who were -taken became the prisoners of their captors; of these, all, except a few -who delayed paying any penalty until peace was signed, ransomed -themselves. Louis, when he heard what had happened to his men at -Lincoln, burned his huts and gave up the siege (of Dover); then he came -to London, and sent to France for reinforcements. - - - - -THE BATTLE OF SANDWICH (1217). - -+Source.+--_Histoire des ducs de Normandie et des rois d'Angleterre_, -pp. 200-202. (Société de l'Histoire de France.) - - -On S. Bartholomew's Day there set out from Calais my Lady Blanche's -folk; and they went sailing towards the mouth of the Thames. Twenty-four -ships had she begged, both great and small; of the ten great ones, all -of which were fully manned, four were filled with knights, and six with -sergeants; in the other smaller ships were the armour and the stores. -Into Eustace the Monk's vessel entered Robert de Courtenay, and Eustace -the Monk with him, and Raoul de la Tournelle, the good knight, who -afterwards was killed in the service of God before the city of Toulouse, -and William des Barres, the young son of William des Barres, the good -knight and the well-disposed, and Neville de Canle, the son of the -Bailiff of Arras, and other knights, so that their number was thirty-six -in all. In the second of the ships filled with knights was Michus de -Harnes, and in the third the Castellan of St. Omer; the fourth was that -of the Mayor of Brittany, and into it many knights entered. The six -ships for the sergeants were well manned and fit for battle. When they -came nigh unto the Isle of Thanet, the Royalists who were assembled at -Sandwich saw them, and entering straightway into eighteen great ships -which they had ready, and several boats, came against them. Hubert de -Burgh himself put out to sea, and Richard, the King's son, and several -other knights; but the Earl of Warrenne did not embark; nevertheless, he -kept watch over one ship of knights and men-at-arms, in which was his -standard. The English so sailed as to attack the French rear. The ship -wherein were the men of the Earl Marshal attacked firstly Eustace the -Monk's ship, where was Robert de Courtenay, and very stoutly they -fought. So fierce was the contest that four other ships came to aid the -Earl's men; then was Eustace the Monk's vessel surrounded on all sides. -Boldly the English assailed them, casting stones and lime, so that they -blinded them all. So severely they attacked that they took them by -force. Then there was captured Robert de Courtenay, who was uncle of the -Queen.... William des Barres was taken with him, and Raoul de la -Tournelle, and Neville d'Arras, and all the knights who were in that -vessel. Eustace the Monk had his head cut off by one of the sailors -called Stephen Trabe, who had long held him in great hate. None of the -other great ships were taken, for they saved themselves by flight; but -many of the smaller vessels were destroyed and great slaughter made of -them who were captured. What more need I say? Great discomfiture the -French had; long were they chased by the English, who then retired to -Sandwich with their booty, which was very great. The knights were thrown -into deep prisons, and Eustace the Monk's head was fixed on a lance, and -carried in procession to Canterbury and through the countryside. This -battle took place on Thursday, S. Bartholomew's Day, and the news was -brought to London on the Saturday, very late in the evening, to Louis, -who was exceeding wroth thereat, as was but natural. - - - - -WHY LOUIS WAS UNSUCCESSFUL IN ENGLAND. - -+Source.+--_The Canon of Barnwell's Continuation of Hoveden_, p. 239. -(Rolls Series.) - - -It was a miracle that the heir of the King of France, after having come -to England with so great a number of armed men, and having obtained -possession of so large a part of the kingdom, departed, or, I should -rather say, was expelled, so speedily with all his men, and without hope -of recovery. The reason is clear--that the hand of God was not with him, -since he came in defiance of the prohibition of the Roman Church, and -remained here under the ban of its anathema. - - - - -THE CHARTER OF THE FOREST (1217). - -+Source.+--_Statutes of the Realm-Charters of Liberties_, pp. 20-21. - - -Henry, by the grace of God, King of England, Lord of Ireland, Duke of -Normandy and Aquitaine, and Earl of Anjou, to the archbishops, bishops, -abbots, priors, earls, barons, justiciars, foresters, sheriffs, reeves, -officers, and all his bailiffs and loyal subjects, greeting. - -Know that, looking to God and for the salvation of our soul, and the -souls of our ancestors and successors, for the good of Holy Church, and -the betterment of our kingdom, we have granted and by this our present -charter confirmed ... the under-mentioned liberties to be observed in -our kingdom of England for ever: - -(1) First, all the forests created by King Henry our grandfather are to -be inspected by good and lawful men, and if he shall be found to have -made into a forest any woods other than those of his own demesne, to the -detriment of the owner thereof, they shall be disforested. And if he has -made his own demesne into a forest, let it remain so, saving common of -herbage[1] and other rights in such a forest to those accustomed to -enjoy them. - -(2) Men dwelling outside a forest shall not for the future appear before -our forest justiciars on a common summons, except they be impleaded, or -be pledges for someone attached for forest offences. - -(3) All woods made into forest by King Richard our uncle or King John -our father up to the day of our first coronation, are to be immediately -disforested, except our demesne woods. - -(4) Archbishops, bishops, abbots, priors, earls, barons, knights, and -freeholders, who have woods in our forests shall hold them as they held -them at the time of the first coronation of King Henry our grandfather, -so that they shall be quit for ever of purprestures,[2] wastes, and -assarts,[3] made in these woods from that date up to the beginning of -the second year after our coronation. And those who for the future shall -make purprestures, wastes, and assarts, shall answer to us for them. - -(5) Our reguardors shall perambulate the forests to make the reguard[4] -as they were accustomed to do in the time of the aforesaid King Henry -our grandfather and not otherwise. - -(6) An inquisition or view of the expeditation of dogs in the forests -shall for the future take place at the same time as the reguard--_i.e._, -every third year; and then the inquisition shall be made by view and -testimony of lawful men and not otherwise. And he whose dog shall be -found without the claws cut shall pay as a penalty three shillings; and -for the future no oxen shall be taken as a fine. And the expeditation -shall be such that three toes shall be removed from the forefeet without -injuring the ball of the foot; nor shall dogs have their claws cut -except in those places where it was customary at the time of the first -coronation of King Henry our grandfather. - -(7) No forester or bailiff shall for the future make a forced -contribution, or seize any corn or hay, or lambs or pigs, or make any -levy; and by the view and oath of the twelve reguardors when they make -the reguard, a reasonable number of foresters shall be appointed to keep -the forests. - -(8) No swanimote shall be held for the future in our kingdom save three -times in the year--viz., a fortnight before Michaelmas when the agistors -meet to agist[5] our demesne woods; at Martinmas when our agistors -receive our pannage; and to these two swanimotes shall come foresters, -verderers,[6] and agistors, and no others by distraint; and the third -swanimote shall be held a fortnight before the feast of S. John the -Baptist, before the period of the fawning of the deer, and to that -swanimote shall come foresters and verderers and no others by distraint. -Further, the verderers and foresters shall meet every forty days -throughout the whole year to review the forest attachments, both of -venison and of vert,[7] on the presentation of the foresters themselves -and in the presence of those attached. And the aforesaid swanimotes -shall not be held except in the accustomed counties. - -(9) Every freeman may agist his own woods in the forest and have his own -pannage.[8] We grant further that every freeman may take his own swine -through our demesne woods, freely and without hindrance, to agist them -in his own woods or where else he will. And if the swine of any freeman -remain one night in our forest, the freeman shall not be accused thereof -to his detriment. - -(10) No one for the future shall lose life or limb on account of our -hunting, but if any one be arrested and convicted of the taking of -venison he shall pay heavily therefor, if he have whence he may pay; if -he have not whence he may pay, let him lie in our prison for a year and -a day; and if after a year and a day he can find pledges, let him depart -from prison; but if not, let him abjure the kingdom of England. - -(11) Any archbishop, bishop, earl, or baron passing through our forest, -may take one or two beasts, in presence of the forester, if he should be -at hand; if not, let a horn be blown, lest he should seem to take the -beasts by stealth. - -(12) Every freeman for the future may freely make in his own woods or in -any land he has in the forest, mills, places for live stock, ponds, -limepits, ditches, or ploughland outside the covert on the arable land, -provided it be not to the hurt of any neighbour. - -(13) Every person may have in his woods eyries for hawks, sparrows, -falcons, and eagles, and heronries; he may likewise have any honey he -finds in his woods. - -(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.... - -V. That he had sent messengers to Rome, and before the lord the King was -of full age had obtained that he should be of full age, as if this had -been for the advantage of the lord the King, and by authority of this -his age, had caused to be granted by charter to himself lands which had -been of Henry de Essex, and many other lands, dignities, and franchises, -of which, by his own authority, he took possession after the death of -King John, and of which the said King John died seised, as he also -caused to be given and confirmed to religious persons, ecclesiastics, -and others, many lands and franchises and other things, to the lessening -and great detriment of the dignity of the lord the King and his crown. - -VI. That whereas the lord William, King of Scotland, formerly delivered -to the lord King John his two daughters, the elder of whom was to be -married to the lord the King, or to Earl Richard, if the lord the King -should die; and for which marriage the same King William released King -John all his right which he had in the lands of Cumberland, -Westmoreland, and Northumberland; and, besides, gave to him 15,000 marks -in silver; he (_i.e._, Hubert de Burgh), before the lord the King was of -such age as to be able to determine whether he would take her to wife or -not, married her; so that, when the lord the King came of age, he was -obliged to give the King of Scotland who now is, eight hundred oxgangs -of land for the release of the lands aforesaid, because the first -agreement had not been observed, and this notwithstanding he had before -married the Countess of Gloucester, who had formerly been betrothed to -the lord King John while he was Earl, and whom King John had committed -to his custody, and whose marriage he had formerly sold to G. de -Mandeville for 20,000 marks, whereby each of them was connected in a -certain degree of consanguinity. - -VII. Whereas the lord the Pope commanded that, on account of the said -relationship, a divorce should be made between him and the Countess, his -wife whom he now hath; he caused all the corn in the ear, belonging to -the Romans, to be threshed out by those who were called Lewytheil. In -consequence whereof, a general sentence of excommunication was passed -against all those offenders, and those who favoured them; and this he -did while he was Justiciar and bound to keep the peace, and so that by -these means the peace continues disturbed to this time. - -VIII. Whereas he had placed himself in the prison of the lord the King, -and by the agreement made between them, he was to be taken to be an -outlaw, if he should ever escape from that prison without the licence of -the lord the King; he did escape from that prison, and ... he was become -an outlaw; and afterwards when the lord the King had received him into -his favour, he would not accept any writ of the lord the King for the -remission of that outlawry.... - -IX. That he spake base and scandalous words of the lord the King in the -presence of the lord Ralph, son of Nicholas, Godfrey de Cramcumbe, the -brother of G., and others; and the lord the King still has many things -to be proposed and alleged against him, which, for the perusal, he -reserves in his mind to propose when it shall please him and occasion -shall serve. - - - - -THE POITEVIN INVASION (1233). - -+Source.+--_Roger of Wendover_, vol. ii., pp. 565-566. (Bohn's -Libraries.) - - -A.D. 1233.--The seventeenth year of King Henry's reign he held his Court -at Christmas at Worcester, where, by the advice of Peter, Bishop of -Winchester, as was said, he dismissed all the native officers of the -Court from their offices, and appointed foreigners from Poitou in their -places. He also dismissed William de Rodune, a knight who carried on the -duties of Richard the Grand Marshal at his Court. By the same person's -advice the King also dismissed Walter, Bishop of Carlisle, from his -office of Treasurer, and then took from him a hundred pounds of silver, -and also spitefully deprived him of some trusts, which he the King had -by his own charter confirmed to him for life. All his former -counsellors, Bishops and Earls, Barons and other nobles, he dismissed -abruptly, and put confidence in no one except the aforesaid Bishop of -Winchester and his son Peter de Rivaulx; after which he ejected all the -castellans throughout all England, and placed the castles under the -charge of the said Peter. The Bishop, then, in order to gain the King's -favour more completely, associated with himself Stephen de Segrave, a -yielding man, and Robert Passelewe, who kept the King's treasury under -Peter de Rivaulx; and he entirely ruled the kingdom with the advice and -assistance of those men. The King also invited men from Poitou and -Brittany, who were poor and covetous after wealth, and about two -thousand knights and soldiers came to him equipped with horses and arms, -whom he engaged in his service, placing them in charge of the castles in -the various parts of the kingdom; these men used their utmost endeavours -to oppress the natural English subjects and nobles, calling them -traitors, and accusing them of treachery to the King; and he, simple man -that he was, believed their lies, and gave them the charge of all the -counties and baronies, as also of all the youths of the nobility, both -male and female, who were foully degraded by ignoble marriages. The King -also entrusted them with the care of his treasury, with the enforcement -of the laws of the country and the administration of justice. In short, -judgment was entrusted to the unjust, laws to outlaws, the preservation -of peace to the quarrelsome, and justice to those who were themselves -full of injury, and when the nobles of the kingdom laid complaints -before the King of the oppression they endured, the said Bishop -interfered and there was no one to grant them justice. The said Peter, -too, made accusations against some of the other Bishops of the kingdom, -and advised the King to avoid them as open enemies. - - - - -THE PAPAL LEGATE AND THE CLERKS OF OXFORD (1238). - -+Source.+--_Matthew Paris_, _Chronica Majora_, vol. i., pp. 126-129. -(Bohn's Libraries.) - - -At this time, the legate, having come to Oxford, and been received with -the highest honour, as was due to him, was entertained in the house of -the canons, which was at Oseney Abbey, where the scholar-clerks before -breakfast-time sent him an honourable present, in the way of meat and -drink, and after breakfast proceeded to his place of abode to pay their -salutation to him, and to visit him out of respect. On their approach, -however, a transalpine porter, with unbecoming and improper raillery, -raising his voice after the manner of the Romans, and holding the door a -little open, said: "What do you want?" To which the clerks replied: "We -want his lordship the legate, that we may pay our respects to him;" for -they confidently believed that they would receive honour for honour. The -doorkeeper, however, with taunting speeches, saucily refused admittance -to them all, with haughtiness and abuse; on seeing which, the clerks -rushed forward with impetuosity, and forced their way in, whilst the -Roman attendants, in their endeavours to keep them back, struck them -with their fists and sticks. Whilst the contending parties were engaged -in repeated blows and taunts, it happened that a poor Irish chaplain was -standing at the door of the kitchen, and had earnestly besought for -something to be given to him in God's name, after the custom of a poor -and hungry man, when the master of the legate's cooks (who was also his -brother, and whom he had placed at the head of that office, that no -poison might be given to him, which he, the legate, greatly feared) -heard him, but paid no heed to his request; and, becoming angry with the -poor man, threw in his face some boiling water drawn from the caldron -where fat meat was being cooked. At this injury to the poor man, one of -the clerks, a native of the Welsh borders, cried out: "Shame on us to -endure anything like this!" and drew a bow which he carried (for, as the -tumult had increased, some of the clerks had seized on whatever came to -hand), and by an arrow discharged from it, himself pierced the body of -the cook (whom the clerks satirically called "Nabuzardan," which means -chief of the cooks). On the fall of the dead man a cry was raised, -hearing which the legate was astounded, and, struck with fear, which can -overtake the boldest man, he betook himself to the tower of the church, -clad in his canonical hood, and secured the doors behind him. When the -darkness of the night had put an end to the tumult, he put off his -canonical dress, quickly mounted his best horse, and under the guidance -of some persons who knew the most private fords, crossed the river at -the nearest part to him, although with much danger, for the purpose of -flying under the protection of the King's wings as soon as possible; for -the clerks, carried away by rage, continued to seek for the legate in -the most secret hiding-places, crying out: "Where is that simoniacal -usurer, that plunderer of revenues, and thirster for money, who perverts -the King, subverts the kingdom, and enriches foreigners with spoil taken -from us?"... Having crossed the river with much trouble (as above -mentioned), and with only a few attendants, owing to the difficulty of -the passage, the rest remaining concealed in the convent, the legate -came to the King breathless, and in a state of alarm, and with sighs and -tears interrupting his discourse, he explained to the King, as well as -his attendants, the series of events which had happened, making a -serious complaint in the matter. The King was astonished at his pitiable -story, and sympathised much with him, and sent the Earl of Warrenne with -an armed troop to Oxford, with all haste, to rescue the Romans who were -lying concealed there, and to arrest the scholars; amongst the latter, -one Master Odo, a lawyer, was roughly seized, and, together with thirty -others, was ignominiously consigned to close imprisonment in the Castle -of Wallingford, near Oxford; whilst the legate, thus liberated from the -broken snare, summoned some of the Bishops, laid Oxford under an -interdict, and excommunicated all the abettors of this enormous offence. -The prisoners were then, at the instance of the legate, conveyed in -carts, like robbers, to London, and were there committed to close -confinement, after being deprived of their incomes, and bound by the -anathema.... - -At length it was suggested to the legate, by the Bishops and the whole -of the clergy, that the dispute took its risk from his own dependants; -but at the end of the dispute the clergy got the worst of it, for, by -his orders, a great portion of them were committed to prison; the rest -of them, in obedience to his orders, were ready humbly to make -submission, at a place about three days' journey from Oxford; to these, -on the petition of so many great men, his mind ought to be inclined to -mercy. At length it was arranged that the legate would grant this mercy, -on condition that all the scholars there assembled should proceed on -foot, in company with the Bishops, also on foot, from St. Paul's Church, -which was nearly a mile distant from the abode of the legate, until they -reached the abode of the Bishop of Carlisle, and from thence should go, -without hoods and cloaks, and barefooted, to the abode of the legate, -where they would humbly ask pardon, which would be granted them, and -they would become reconciled. This was done; and the legate, seeing this -humiliation, received them again into his favour, restored the -University to its municipal site, mercifully withdrew the interdict, -with the sentence of excommunication, and granted them letters that, on -this account, no stain of disgrace should at any time be thrown on them. - - - - -PAPAL EXACTIONS (1240-1244). - - -A. +Source.+--_Matthew of Westminster_, vol. ii., p. 196. (Bohn's -Libraries.) - -A.D. 1240.--And about the same time, a friend and relation of the lord -the Pope came into England, the Master Peter Rubeus, who passed rapidly -through England, and coming to Scotland, collected with great energy -one-twentieth of everything in that country for the use of the Pope. -About the same time, Master Peter de Supion, being sent into Ireland -diligently to collect the same twentieth in that country, carried off -all he could from thence, like a genuine inquisitor of the Pope. And the -booty which he collected is said to have amounted to the number of -fifteen hundred marks and more. But the collection of Peter Rubeus, -which he extorted from the Scotch territories, is supposed to have -reached the double of that sum. And subsequently, returning through -England, he looked into all the houses of the religious Orders with a -new spirit, and exacted money for the use of the Pope with exceeding -strictness, compelling them to swear that they would keep that oath as a -secret of the confessional for half a year. By which conduct he turned -aside the hearts of the faithful from any devotion and affection towards -the Church of Rome, and wounded them with great anguish. - - -B. +Source.+--_Matthew of Westminster_, vol. ii., pp. 222-223. (Bohn's -Libraries.) - -A.D. 1244.--About the same time, the Pope, relying too much on the -King's simplicity and patience, sent into England a new extorter of -money, not invested with the insignia of a legate, but fortified with -unheard-of powers, by name Martin, who immediately betook himself to the -usual abode of all the Papal legates, and nuncios, and secular clergy, -that is to say, to the New Temple in London; and without delay displayed -his power of receiving revenues, and extorting money in all kinds of -ways, and practised it diligently, to the great distress of many hearts, -and to the wounding of men's consciences. For he had the power of -prohibiting all collation to benefices, until satisfaction should be -made to him according to his wish. And, despising all scanty revenues as -so many husks, he laid rapacious hands on all rich booty. He had also -power of excommunicating, suspending, and punishing in various ways, and -just as he pleased, all who resisted his will, though it might have been -a mere hasty action; just as if on that very day he had, according to -established custom, produced authentic Bulls, drawn up in the Papal -chancery. On which account it was said by some people, and not without -reason, that he had brought over a great many papers sealed with a -Bull,[15] but not filled up, for him to fill up himself as he pleased; -but I would hope that this was not the case. Accordingly, the aforesaid -Master Martin began to exact presents on all sides from the prelates in -an imperious manner, such as desirable palfreys and precious vessels, -and to extort them even by force (especially from those who belonged to -any religious Orders) for his own use (for that man prays foolishly who -forgets himself); and for the use of the Pope he extorted sums of money -and prebends to which men had been already elected, using this odious -additional form of words: "notwithstanding any privilege to the -contrary," etc. And as a certain rich prebend at Salisbury was vacant, -the aforesaid Master Martin, a diligent searcher out of such things, -laid his greedy and hooked hands upon it, and without consulting, or, I -may rather say, against the express wish of the Bishop of that See, he -conferred it on a young man, a nephew of the lord the Pope. And in a -similar manner the unwearied Master Martin, before-mentioned, conferred -other benefices on the kinsmen of the Pope, of whom there was an -astonishing number, not without causing great astonishment to many -persons of experience. For many people believed, and because they -believed, hoped that the Roman Court, having been so repeatedly -chastised by God, would, in some degree, at least, check its accustomed -avarice by the bridle of moderation. - -[15] Technically, the Bull was the leaden seal affixed to a Papal -document. - - - - -THE ENGLISH IN FRANCE (1242). - -+Source.+--_Matthew of Westminster_, vol. ii., pp. 206 _et seqq._ -(Bohn's Libraries.) - - -The same year a great sedition arose in Poitou, which subsequently -produced great ruin, and a deadly quarrel, and war, and irreparable -damage; for the Count de la Marche, at the instigation of Isabella, whom -the French call the most impious Jezebel, being his own wife and the -mother of the King of England, lifted up his heel against his lord the -King of France ... and he intimated to the King of England to come to -Poitou, not with any great retinue of English, but armed only with a -large sum of money, and that he would make over to him all his -territories beyond the sea. The King, by the advice of the Poitevins, a -race always ready for treachery, gave credence to his proposals, and -agreed to them, and prepared for his passage, with much treasure, and in -a single vessel, and could not be delayed by either the advice or -entreaties of any of his friends or natural subjects.... When Earl -Richard (the brother of King Henry) saw that there were no means of -turning the King from his design, he agreed to cross the sea with him, -and prepared in a magnificent manner for the passage. And encouraged by -his example, many other nobles prepared to make the passage in company -with the King and the aforesaid Earl. The guardianship of the kingdom, -therefore, being entrusted to Walter, Archbishop of York, because he was -considered a man of singular discretion and fidelity among all the -nobles of the kingdom, the lord the King, accompanied by his Queen, and -by his brother, Earl Richard, with seven other Earls, and about three -hundred knights, embarked on board ship on the fifteenth of May and set -sail, steering his course towards Bordeaux.... - -About this time, the most pious and accomplished King of France, being -moved by the spirit of mercy and peace, offered the lord the King of -England excellent conditions of peace, because he was his kinsman, and -because the Queen, his wife, was sister of the Queen of England. But the -King of England, being led away by the false promises of the Count de la -Marche, utterly refused them, asserting that he would never reject the -advice of the said Count, whom, according to his usual custom, he called -his father. And immediately, in a rash and hostile manner, he defied the -King of France himself. Therefore the King of France repented of having -thus humbled himself to the King of England, and unfolding the -oriflamme, he made a vigorous attack on all the territories which -belonged to the Count de la Marche; and in a short time the war was so -successful in his hand, that he had crushed his enemies and brought the -war to a wished-for end; for he had already occupied the Castle of -Frontignac, which appeared to the Poitevins to be impregnable, and in it -he took prisoners the son of the Count de la Marche, and a hundred -knights. After that, he took the castle called Movent. And after that, -day by day, he took other castles and cities, and all their inhabitants, -illustrious citizens and knights, voluntarily submitted to his power. At -last he came to a city very rich in vineyards, which is called -Taillebourg, and which rejoices in a river, which is called the Tarente; -and while the King of France was there, the King of England came in -close order of battle to the other side of the river, and the two armies -were so near that they could see one another's flags and standards, and -there the King of England was saved from the danger of a disorderly -battle by the energy of Earl Richard. Accordingly, King Henry fled with -prudence and good fortune, and came to Saintonges; but the King of -France pursued him without delay, and a very fierce battle took place -between the French and English, outside of the city, in which the -French, though against their will, were forced to confess that the -English gained the most honour. - -But as the army of the King of France was increasing every day, like a -lake which grows in consequence of torrents which pour into it, a -sedition arose in the city, in consequence of which evil reports got -abroad, and so the King of England fled disgracefully, and retreated -with all expedition to Blaye, where for some days he was detained by -illness. So when the Count de la Marche heard this, being stung with -grief in his heart, he sent the Count of Brittany to the King of France, -to be a mediator and an intercessor for peace. And so, though with great -difficulty, he was admitted to peace by the King of France, on very -severe conditions, being forced to abandon the King of England, after he -had drained him of his treasures and injured his honour. After these -events, Reginald de Pontibus, and (following his example) William, -surnamed the Archbishop, and the Viscount of Thouars, and many other -nobles of Poitou, who nevertheless had craftily, or one might say -treacherously, received all the money of the King of England that they -could get, now flew to shelter themselves under the wing of the King of -France.... - -Meantime, the King of France, having taken counsel with his nobles, -because he saw that his military enterprises all prospered in his hands, -according to his wishes, proposed to pursue the King of England in a -hostile manner, without losing any time, as far as Blaye, because he -knew that the said King was now deserted by all the forces of the -Poitevins, and deprived of all comfort, and descending rapidly to the -abyss of despair; and from Blaye to Bordeaux, if he departed in that -direction, and to continue the war with unwearied diligence till its -termination. And lo! the Lord, pitying the King, the Lord who giveth -salvation to Kings, when and how He wills, that Henry might not appear -to have recommended himself in vain to the prayers of the men of the -religious Orders on his retreat, threw the hearts of the French, who -were giving way to absurd pride, into confusion, by permitting seeds of -division and dissension to arise among them.... Besides, a great want of -provisions, and especially of water, oppressed their army, which was -numerous, in a miserable manner, so that as their want of all kinds of -food grew greater, they became swoln, and wasted away with sickness, and -being afflicted and exhausted with various miseries, expired. For their -fellow-citizens of the province had closed up the mouths of the wells, -and had polluted and poisoned the rivers and fountains, had ploughed up -the meadows and pasture-lands, and, having driven away the cattle, had -removed to a distance all their supplies and all their crops. -Accordingly, when they drank the waters, both horses and men perished; -and as the dog-days were just at hand, those who were sick lay down, and -speedily died, being destitute of all comfort and rest, and having no -attendance or medicine. And in this way upwards of eighty nobles of the -French army, who were entitled to bear standards, died, and of the -infantry about twenty thousand. And as the King of France at the same -time was very ill, great fear and despair seized upon the French, who -said that the alms of the King of England had undone them. For they were -greatly afraid that their own King, because he was tender and delicate, -and indeed that they themselves, too, might be overwhelmed with sudden -death; and the example of strong men who were overtaken by death -increased their fear. - -Therefore, as the fates were adverse to him, the King of France was -compelled to beg a truce of five years from the King of England, being -desirous to return with all speed into France, where he might be able to -enjoy a better climate, and the truce was accordingly, and indeed -joyfully, granted to him when he requested it. Having therefore received -the homage of the nobles of Poitou, and having placed garrisons of his -own natural and loyal subjects in their castles and cities, to command -them, and keep them for him, the King returned to France; and being soon -restored to perfect health, he commanded the men of Poitou, who had been -surrendered on conditions of extremity, to be kept in close custody, and -while there a condition was imposed on them that they should not give -their daughters in marriage, nor go from one city to another, without -leave of the French. Also the Count de la Marche, being accused and -impeached of treason that same year before the King of France, was with -difficulty saved from the infliction of an ignominious death. But he -became a sort of prodigy in the eyes of all men; a sign that is to be -pointed at and ridiculed, and hissed at by all men, because he had so -wickedly betrayed the King of England, who rashly trusted in him. From -that time forth, then, the prodigal anxiety of the King of England was -released from its burdens, though before that time he was accustomed -foolishly to distribute among the Poitevins seven thousand marks every -year, for their shadow of homage and useless service. - - - - -HOW THE KING VEXED HIS LOYAL SUBJECTS (1248). - -+Source.+--_Matthew Paris_, _Chronica Majora_, vol. ii., pp. 254-256. -(Bohn's Libraries.) - - -About the beginning of the year, in the octaves of the Purification, the -nobles of all England were convoked at London, to confer with the King -on the affairs of the kingdom, which was now greatly disturbed, -impoverished, and injured.... The King explained to them his purpose, -which indeed was not a secret to the community in general, and asked -pecuniary aid from them; whereupon he was severely rebuked and -reproached, in that he was not ashamed to demand such assistance at that -time, especially because on the last exaction of a similar kind, to -which the nobles of England were with difficulty induced to give their -consent, he gave his charter that he would not again make such an -exaction. He was also most severely blamed (and no wonder) for the -indiscreet way in which he summoned foreigners into the kingdom, and for -lavishly and indiscreetly scattering the property of the kingdom amongst -them, and also for marrying the nobles of the kingdom to ignoble -foreigners, thus despising and putting aside his native and natural -subjects; nor did he ask the consent of both parties, which is necessary -to the completion of a marriage. He was also blamed, and not without -reason, because he seized by force on whatever he used in the way of -meat and drink--especially wine, and even clothes--against the will of -those who sold these things, and were the true owners; wherefore the -native dealers withdrew and hid themselves, as also did foreigners, who -would otherwise bring their goods for sale to that country; thus a stop -was put to trade, by which different nations are mutually enriched and -strengthened, and thus we are defamed and impoverished, because they -obtain nothing but lawsuits and anger from the King; and by this, he the -said King incurs awful maledictions from numberless people to the peril -and disgrace of himself and the whole kingdom. From these traders, -moreover, he, in order that he may bestow alms indiscreetly, and may -make immoderate illuminations, forcibly seizes wax, silk stuffs, and -other things, without making any terms of pacification; thus bringing -scandal on himself, his kingdom, and all who inhabit it, and not without -giving serious offence to God, who holds rapine in abhorrence when -connected with an offering. In all these proceedings he tyrannises and -oppresses to such a degree that even on the sea-coast he does not allow -the herrings and other fish to be disposed of at the will of the poor -fishermen, nor do they dare to appear in the places adjoining the -sea-coast or in the cities, for fear of being robbed; so that they -consider it safer to trust themselves to the stormy billows and to seek -the further shore. The miserable traders also are so cruelly oppressed -and annoyed by the royal agents, that punishment is added to loss, and -injury is heaped upon injury, both as regards their own persons, and as -regards their carriages and their already jaded horses. The King was, -moreover, reprehended, in that he, contrary to the first and chief oath -which he made at his coronation, impoverished even to their ruin the -bishoprics and abbacies, as well as the vacant wardships founded by the -noble and holy fathers, which he for a long time detains in his own -hands, though he ought to be their protector and defender; and therefore -they are said to be in his hands, that is, under his protection. Another -complaint also was made against him by each and every one, and it was no -slight one; and this was, that, unlike his noble predecessors, he never -appointed either a Justiciary, a Chancellor, or Treasurer, in consonance -with the advice of the kingdom in general, as was expedient, but only -such persons as obeyed his pleasure in everything, provided that it was -advantageous to himself, and such as did not seek the advancement of the -common weal, but their own especial benefit, by collecting money and -obtaining wardships and revenues for themselves. - - - - -A CHANGE OF RULER IN SCOTLAND (1249). - -+Source.+--_John of Fordun's Chronicle of the Scottish Nation_, pp. -288-290. (_Historians of Scotland_, vol. iv.) - - -That renowned King of Scots, Alexander II., while he was on his way to -restore peace to the land of Argyll, was overtaken by grievous sickness, -and carried across to an island which is called Kerrera; and there, in -the year 1249, after he had partaken of the sacraments of eternal -salvation, his blissful soul was snatched away from this life, and -joined, as we believe, all the saints in the heavens.... While he lived, -he was a most gentle Prince towards his people, a father to the monks, -the comforter of the needy, the helper of the fatherless, the pitiful -hearer and most righteous judge of the widow and all who had a -grievance, and towards the Church of Christ a second Peter.... - -Alexander, son of the aforesaid King Alexander, a boy of eight years of -age, came to Scone on the following Tuesday, the 13th of July, with a -number of Earls, Barons, and knights. There were likewise present the -venerable fathers, David of Bernham, Bishop of Saint Andrews, and -Galfrid, Bishop of Dunkeld, a man in great favour with both clergy and -people, zealous in temporal and spiritual things, who endeared himself -to both great and poor, but was a terror to evildoers. The Abbot of the -monastery of Scone itself was also there. But lo! as soon as they were -gathered together, there arose a dispute among the nobles. For some of -them would have made not a King, but a knight, on that day, saying that -it was an Egyptian day.[16] Now this was said not because of the -Egyptian day, but because the lord Alan Dorward, then Justiciary of the -whole of Scotland, wished to gird Alexander with the sword of knighthood -on that day. While they were arguing, the lord Walter Comyn, Earl of -Menteith, a man of foresight and shrewdness in counsel, answered and -said, that he had seen a King consecrated who was not yet a knight, and -had many a time heard of Kings being consecrated who were not knights; -and he went on to say that a country without a King was, beyond a doubt, -like a ship amid the waves of the sea without rower or steersman. For he -had always loved King Alexander, of pious memory, now deceased, and this -boy also for his father's sake. So he moved that this boy be raised to -the throne as quickly as possible, for it is always hurtful to put off -what may be done at once; and by his advice, the said Bishops and Abbot, -as well as the nobles, and the whole clergy and people, with one voice, -gave their consent and assent to his being set up as King. - -And it came to pass that when this same Earl, Walter Comyn, and all the -clergy heard this, they joined unto them some Earls,--namely, the lord -Malcolm, Earl of Fife, and the lord Malise, Earl of Strathearn--and a -great many other nobles, and led Alexander, soon to be their King, up to -the cross which stands in the graveyard, at the east end of the church. -There they set him on the royal throne, which was decked with silk -cloths inwoven with gold; and the Bishop of Saint Andrews, assisted by -the rest, consecrated him King, as was meet. So the King sat down upon -the royal throne--that is, the stone--while the Earls and other nobles, -on bended knee, strewed their garments under his feet before the stone. -Now, this stone is reverently kept in that same monastery for the -consecration of the Kings of Albania;[17] and no King was ever wont to -reign in Scotland, unless he had first, on receiving the name of King, -sat upon this stone at Scone, which, by the Kings of old, had been -appointed the capital of Albania. - -[16] An unlucky day. Ill-luck was attributed to certain days of the year -by Egyptian astrologers. - -[17] Scotland north of the Forth, nominally united under Kenneth -MacAlpin about 844 A.D. - - - - -THE MISDEEDS OF THE SENESCHAL OF GASCONY (1253). - -+Source.+--_Chronicon Thomæ Wykes_, pp. 104-106. (_Annales Monastici_, -vol. iv.--Rolls Series.) - - -In the same year, about the Festival of the Assumption of the Blessed -Mary (August 15), King Henry crossed into Gascony with a large army, -having at the general desire entrusted the guardianship of his whole -kingdom of England to his brother Richard, Earl of Cornwall, and Walter -de Gray, Archbishop of York. The cause of his journey was as follows: -Certain of the chief men belonging to the Duchy of Gascony had come to -the King in England with fierce complaints and denunciations against -Simon de Montfort, Earl of Leicester, who had been Seneschal of Gascony, -saying that he was intolerably oppressing the nobles and people of the -said province by undue extortions, and had applied the revenues and -proceeds which flowed into the royal treasury, not to the King's uses, -but to his own. Henry, in great wrath thereat, dismissed the Earl from -the administratorship of the Duchy; whereupon he, in revenge for his -deposition, handed over to be held by capital enemies of the lord King -three very famous and strongly-fortified castles, in which clearly lay -the whole strength of the province, to wit, the castles of Fronsac, -Renauges, and La Réole, with the neighbouring towns and boroughs, the -city of Bordeaux alone preserving a lukewarm adherence to the King. The -treacherous occupants of these castles oppressed the nobles and people -more severely than ever, introduced a garrison to fortify their castles, -and prepared to defend themselves by warlike means; nor would they allow -any one appointed by the King to carry on the administration of the -Duchy. Such being the state of affairs, the King, embarking at -Portsmouth, committed himself to the deep, and, after a prosperous -voyage, landed at Bordeaux; then, relying on the assistance of the -people of the country and the soldiers whom he had brought with him, he -laid siege to the castles so deceitfully occupied, assaulted them with -engines of war, captured and held them; thereafter he quieted the whole -province, appointing the lord Stephen Longsword, a man of great vigour, -Seneschal of all Gascony. But the Earl of Leicester, though sorely -offended, concealed the hatred which had filled him since the time of -his dismissal, and awaited in the kingdom of France the opportunity of -taking revenge on his deposers by some deep-laid scheme. - - - - -IRELAND GRANTED TO THE LORD EDWARD (1254). - -+Source.+--_Historical and Municipal Documents (Ireland)_, 1172-1320, p. -135. (Rolls Series.) - - -The King to the archbishops, etc. - -Know that we have granted, and by this our present charter confirmed, to -our beloved son, Edward, the cities of Dublin and Limerick, with the -counties and everything pertaining to them, and also the city and castle -of Athlone, with everything pertaining to it, in Ireland; which cities -we had retained for our own use in a former charter of ours, containing -a gift of the land of Ireland, which we caused to be granted to the said -Edward. - -They are to be held and retained by the same Edward and his heirs, the -Kings of England, for ever; so that the land of Ireland shall never be -separated from the crown of England, and that none other save Edward -himself and his heirs, the Kings of England, shall be able to claim or -hold any right to the aforesaid land of Ireland. - -We wish, further, that the allegiance of the land remain to us for our -lifetime, together with all the dues and wardships of cathedral churches -and abbeys in Ireland, and likewise the right of election. - -Wherefore we wish and firmly enjoin that the aforesaid Edward and his -heirs, the Kings of England, do have and hold the whole land of Ireland -for ever; provided that the land of Ireland be never separated from the -crown of England, as aforesaid. - -Given under our hand, at St. Mary Cray, on the twentieth day of July. - - - - -THE SICILIAN CROWN (1254-1257). - -+Source.+--_Matthew Paris_, _Chronica Majora_, vol. iii., pp. 89, 137, -225. (Bohn's Libraries.) - - -(The Pope, acting through his emissary, Master Albert, had previously -offered the Sicilian crown to Richard, brother of King Henry.) - -A.D. 1254. About this time, Master Albert returned to the Court of Rome, -bringing word to the Pope that he could in no way influence Earl Richard -to accept the kingdom of Sicily and Apulia.... Then the Pope sent -messengers privately to the King of England to work upon his simplicity, -(knowing that he was always easy of belief and prone to his own loss), -and offered to give him the kingdom of Sicily and Apulia, and to render -him such assistance in getting possession of the same, as he could -without doing any injury to himself.... The King, however, was so -exhilarated at the Pope's empty promise, and his heart was so puffed up -with empty joy, that his exultation showed itself in his voice, gesture, -and laugh, and he openly called his son Edmund "King of Sicily," -believing the possession of that kingdom to be an accomplished fact. The -Pope's messenger whispered in his ear not to divulge this secret, lest -it should come to the knowledge of his friends, who were aware of the -wiles of the Roman Court, and that he might thus be put on his guard. -The King then sent to the Pope all the money he could draw from his -treasury or the exchequer, as well as whatever he could scrape from the -Jews, or extort by means of his Circuit Justiciaries, for the purpose of -making war against Conrad, and subjugating the Sicilians and -Apulians.... The Pope, relying on the abundance of his wealth, was -raised to a state of confidence; he took an immense army of mercenaries -into his pay, entrusted it to the command of Cardinal Octavian, and -lavishly distributed money among the soldiers, sending word to the King -of England, when it failed him, that he wanted money. The latter, -obeying the instincts of the devil and of avarice, wrote in reply to the -Pope, and sent him promissory notes, sealed with the royal seal, -authorising him to borrow money enough, and in abundance, from the -Italian merchants, and recommended him not to be afraid of the quantity -of money required or the high amount of interest, for that he would -acquit him of all the debt, and bound himself so to do under penalty of -disinheritance. The Pope agreed to all this and accepted his order.... A -large host, therefore, flocked together, for the sake of the Pope's pay, -composed of low and ignoble Italians, idle and unwarlike creatures, -devoid of good faith, who looked not to the advantage of the King of -England or of the Pope, but were only bent on gorging the Pope's money, -as the sequel of the affair showed to be the case.... - -[In spite of the death of Conrad, King of Sicily, the Pope's army was -cut to pieces, without having effected anything.] - -A.D. 1255. After the Feast of S. Luke, a great number of nobles -assembled together, having been summoned by royal warrant. For the -Bishop of Romagna had come to the King in the Pope's name, in the stead -of His Holiness, bringing with him a ring which he gave to the King's -son Edmund, thus solemnly investing him with the kingdoms of Sicily and -Apulia. The King's heart was now elated with pride and full of -exultation, as though he had already received the homage of all the -Sicilians and Apulians, as if he were already master of their cities and -castles, and his son Edmund were already crowned King; in fact, he in -public called his son Edmund, "King of Sicily." The aforesaid Bishop, as -was believed, did not know that the Pope's expeditionary army was -destroyed, that the King of England's money was entirely spent, and, -moreover, that he was dreadfully burdened with debts; and if he did -know, he cunningly concealed his knowledge of it, that he might not lose -the presents prepared for him. The fact was indeed unknown to the King -and the nobles, and the Bishop returned home, loaded with rich presents, -before the real state of the case was known in England.... - -A.D. 1257. At Mid-Lent of this same year, a great Parliament was held -... and before the aforesaid Parliament broke up, the King brought his -son Edmund, dressed in the Apulian fashion, before the assembly, ... and -he said that, by the advice and goodwill of the Pope and the English -Church, he had, for the sake of obtaining the kingdom of Sicily, bound -himself under penalty of losing his kingdom to the payment of a hundred -and forty thousand marks, exclusive of interest, which daily increased, -although without being apparent. Also that he had obtained, for five -ensuing years, the tithes to be levied from all the clergy in general, -that is to say, from all their benefices, which were to be computed -according to the new mode of taxation, without deducting any expenses -save those which were incurred necessarily; also the profits of all -ecclesiastical benefices vacated during the first year, and till the -completion of the five years. This speech made the ears of all tingle, -and struck fear to their hearts, especially as they knew that this -tyranny took its rise from the Pope. Although they set forth excuses and -asked for time to be allowed them, they could not obtain that favour, -and were at length compelled to give a promise of relieving the King's -pressing necessities, on the condition, however, that he would from that -time forth observe inviolably the Great Charter, which he had so often -promised to do, and which had been so often bought and rebought by them; -and that he would refrain from injuring them and impoverishing them on -so many specious pretexts. On these conditions they promised the King -fifty-two thousand marks, though to the irreparable injury of the -English Church; yet the King is said not to have accepted such a rich -gift even as this. - - - - -THE EXPULSION OF THE POITEVINS (1258). - -+Source.+--_Annals of Waverley_, pp. 349-350. (_Annales Monastici_, vol. -ii.--Rolls Series.) - - -For some years England had been thronged with such a multitude of -foreigners of different nations, on whom had been showered so many -revenues, lands, estates, and other possessions, that they held the -English in the greatest contempt, as inferior beings. It was said by -some, who knew their secrets, that, if their power continued to -increase, they would remove the nobles of England by poison, deprive -King Henry of his kingdom, appoint in his place someone else at their -own pleasure, and so in the end bring all England under their sway for -ever. Further, the four brothers of the lord the King, Aylmer, -Bishop-elect of Winchester, William, Earl of Valence, Guido, and -Godfrey, raised as they were above the other aliens in dignities and -riches, raged against the English in their intolerable arrogance, and -loaded them with many insults and affronts; nor did anyone dare to -oppose their presumptuous deeds for fear of the King. And they were not -the only guilty ones, but--a yet greater matter for sorrow--Englishmen -rose against Englishmen, majors against minors, all aflame with the lust -of gain, and by means of pleas and amercements, talliages,[18] -exactions, and divers other abuses, strove to take from each man what -was his own. Old laws and customs were either broken through or utterly -destroyed and brought to nought; every tyrant's will was a law unto -himself, and except by a money payment could no man procure a right -judgment. It is not within the power of anyone to recount all the evil -doings which in those days took place in England. At length in this year -the Earls and Barons, Archbishops and Bishops, and other nobles of -England, as though aroused from sleep by a divine touch, seeing the -miserable state of the kingdom, banded themselves together, and boldly -assumed the strength and courage of a lion which fears the attack of no -one. First of all, they expelled from England by force the -aforementioned brothers of the King, together with many other aliens, -and then began diligently to renew and amend the old laws and customs. -And lest anyone should presume rashly to violate these customs in the -future, they drew them up in the manner of a charter, sealed, by the -King's permission, with his own royal seal. - -[18] Taxes to which the demesne lands of the crown and all royal towns -were subject. - - - - -THE KING CONSENTS TO THE ELECTION OF THE TWENTY-FOUR (1258). - -+Source.+--_Rymer's Fœdera_, vol. i., p. 371. - - -The King to all, etc., greeting:-- - -Know that we have granted to the nobles and magnates of our kingdom, on -oath administered to us by Robert de Walerand, that the state of the -kingdom shall be rectified and reformed as shall seem best for the -honour of God, our own faith, and the general good of our realm, by -twelve faithful men chosen from our council, and twelve chosen from the -party of the Barons themselves, who shall meet at Oxford within one -month after the coming Festival of Pentecost. And should, by any chance, -any of those chosen from our party be absent, those who are present may -substitute others in their place; similarly in the case of those absent -from the party of the Barons. And we shall observe inviolably whatsoever -shall be ordained by the twenty-four chosen from both sides and put -under an oath for this special purpose, or by the greater part of them; -and we wish and strictly enjoin that their decisions be observed -inviolably by all. And we shall, without causing any hindrance, carry -out and render effective whatever measures of security they, or the -greater part of them, shall ordain for the observance of these -provisions. We bear witness, further, that Edward, our eldest son, -having taken an oath on his body, has granted by his letters that, so -far as in him lies, he will faithfully and inviolably observe and cause -to be for ever observed everything above set down and conceded. The -aforesaid Earls and Barons also promised that, when the business -above-mentioned has been completed, they will strive in all good faith -to secure the granting to us of a general aid by the commonalty of the -realm. - -Given at Westminster on the second day of May. - - - - -THE PROVISIONS OF OXFORD (1258). - -+Source.+--_Annals of Burton_, pp. 446-453. (_Annales Monastici_, vol. -i.--Rolls Series.) - - -It is provided that in every county there be elected four discreet and -lawful knights who shall meet, on the days when the county court is -accustomed to be held, to hear all complaints of transgressions and -injuries inflicted on anyone by sheriffs, bailiffs, or other officials, -and to make attachments in connection with the said complaints up to the -day of the arrival of the Chief Justiciar in the district; they shall -always attach sufficient pledges on behalf of the plaintiff about the -defendant and on behalf of the defendant about the plaintiff, to come -and fulfil the law before the aforesaid Justiciar on his arrival. And -the aforesaid four knights shall cause all the said complaints with -their attachments to be enrolled, duly and in order, those from each -hundred separately and by themselves, so that the aforementioned -Justiciar may, on his arrival, hear and determine the above-mentioned -complaints singly from every hundred. And they shall order the sheriff -to cause all the bailiffs and hundredmen to be present before the -Justiciar on his arrival on the day and at the place which he shall make -known to them; and every hundredman shall cause to appear all the -plaintiffs and defendants of his hundred, in order, according as the -Justiciar decides to hear the pleas from that hundred; and with them, as -many and such knights and other free and lawful men as may be best -fitting in order to ascertain the truth, provided that all the men of a -hundred be not disturbed at the same time, but only those come whose -cases may be heard and determined on the one day. - -It is further ordained that no knight of the aforesaid counties be -excused from serving on juries and assizes on account of any royal -charter of acquittance, or be released from observance of this provision -made for the common good of the whole kingdom. - -(Here follow the names of the twenty-four.) - - -The oath which the commonalty of England swore at Oxford: - -We, so and so, make known to all men, that we have sworn on the Holy -Gospels and by our oath have bound ourselves together, and we promise in -good faith, each one of us and all together, to aid one another, both -ourselves and those belonging to us against all men, doing right, and -taking nothing that we cannot take without doing hurt, saving our faith -to the King and to the crown. And we promise, by the same oath, that no -one of us will take anything, either land or movables, by which this -oath may be disturbed or in any way impaired. And should any go against -this, we will hold him a mortal enemy. - - -This is the oath of the four-and-twenty: - -Each one swore on the Holy Gospels, that, looking to the honour of God, -and the faith of the King, and the good of the realm, he would ordain -and treat with the aforesaid sworn men regarding the reformation and the -amendment of the state of the kingdom; and that neither for gift, nor -promise, nor love, nor hate, nor fear of anyone, nor gain, nor loss, -would he cease loyally to act according to the tenor of the letter, -which the King and his son had granted for this purpose. - - -The oath which the Chief Justice of England swore: - -He swears that he will perform well and lawfully, so far as lies in his -power, whatever duties belong of right to the Chief Justice, toward all -men, with a view to the profit of the King and kingdom, in accordance -with the provision made and to be made by the twenty-and-four, and by -the counsel of the King and nobles of the land, who will swear in these -things to aid and support him. - - -The oath of the Chancellor of England: - -That he will seal no writs, saving writs of course, except by command of -the King and those of his council who shall be present; and that he will -seal no gift of a great wardship, or of escheats, without the consent of -the Great Council, or the majority thereof; and that he will seal -nothing which is contrary to the provision made and to be made by the -twenty-and-four or the greater part of them. And that he will take no -fee greater than what is given to others; and he shall be given a -companion in the form which the council shall provide. - - -The oath which the guardians of the castles took: - -That they will keep the King's castles loyally and in good faith for the -use of the King and his heirs; and that they will give them up to the -King and his heirs and to no other, and according to his council and in -no other manner, that is to say by honest men of the land elected to his -council, or by the greater part thereof. And this form by writ lasts for -twelve years. And thereafter there shall be no constraint in this -ordinance or in this oath, to prevent them freely giving them up to the -King or his heirs. - -(Then follow the names of the King's council, of the twelve, and of the -twenty-four.) - - -Concerning the state of Holy Church: - -Be it remembered that the state of Holy Church shall be amended by the -twenty-and-four chosen to reform the state of the kingdom of England, -when they shall have time and opportunity, in accordance with the power -granted them for this purpose by the letter of the King of England. - - -Concerning the Chief Justice: - -Either one or two justices shall be appointed; what power they shall -have is to be determined on; they shall hold office only for a year. And -at the end of the year they shall answer for their term of office before -the King and his council and their successors. - - -Concerning the Treasurer and the Escheator: - -Similarly concerning the Treasurer. He shall render account at the end -of the year. And other good men shall be placed at the exchequer as the -twenty-four shall ordain. And there, and nowhere else, shall come all -the revenues of the land; and what shall seem to them to require -amendment shall be amended. - - -Concerning the Chancellor: - -Similarly with regard to the Chancellor. He shall answer for his term of -office at the end of the year; and he shall seal nothing out of course -at the desire of the King alone, but at the command of the council which -shall be around the King. - - -Concerning the power of the Justice and the bailiffs: - -The Chief Justice has power to amend the wrongs done by all other -justices and bailiffs, counts, barons, and all other men, according to -the law and justice of the land. And writs shall be pleaded according to -the law of the land and in the proper places. And the Justice shall take -no presents except of beer, and wine, and such things, that is to say, -meat and drink, such as have been accustomed to be brought to the tables -of the chief men for the day. This shall be understood to apply also to -all the councillors of the King and all his bailiffs. And no bailiff by -occasion of any plea, or of his office, shall take any fee in his own -hand, or by the hand of another, in any manner. If he be convicted, he -shall be punished, and he that gives likewise; and if it be possible, -let the King give so much to his justice and his servants that they have -no need to take anything from anyone. - - -Concerning sheriffs: - -There shall be appointed as sheriffs, loyal and honest men, who are -landholders; so that in each county there shall be a vavasour[19] of the -same county as sheriff, who shall treat the people of the county well, -loyally, and rightly. And he shall take no fee, and shall not be sheriff -for more than a year at a time; and he shall render his accounts to the -exchequer, and answer for his term of office. And the King shall grant -to him out of his own,[20] according to the amount of revenue he -collects, sufficient to enable him to guard the county rightfully. And -he shall take no fee, neither he nor his bailiffs. And if they be -convicted, they shall be punished. - -Be it remembered that such amendment is to be applied to the Jewry, and -to the guardians of the Jewry, that the oath to them may be observed. - - -Concerning escheators: - -Good escheators shall be appointed. And they shall touch none of the -goods of the dead, of such lands as ought to be in the hand of the King. -But if debts be due to the King, the escheators shall have free -administration of the goods, until they have carried out the commands of -the King. And this shall be done according to the form of the Charter of -Liberty. They shall enquire concerning the wrongs that escheators have -done in aforetime, and amends shall be made. And they shall make no -talliage or other exaction except as provided by the Charter of Liberty. - -The Charter of Liberty shall be firmly observed. - - -Concerning the Exchange of London: - -Be it remembered to amend the Exchange of London, and the City of -London, and all other cities of the King, which have suffered waste and -destruction by talliages and other oppressions. - - -Concerning the place of reception of the King and Queen: - -Be it remembered to amend the place of reception of the King and Queen. - - -Concerning the Parliaments, how many shall be held in each year, and in -what manner: - -Let it be remembered that the twenty-four have ordained that three -Parliaments shall be held each year, the first a week after Michaelmas, -the second on the day after Candlemas, and the third on the first day of -June, that is to say, three weeks before Midsummer's Day. To these three -Parliaments shall come the elected councillors of the King, even if they -be not sent for to review the state of the land and to treat of the -common needs of the kingdom and the King. And at other times, when need -be, they shall meet on the command of the King. - -Let it be remembered that the commonalty shall elect twelve honest men, -who shall come to the Parliaments, and at other needful times, when the -King and his council shall send for them to treat of the needs of King -and kingdom. And the commonalty shall treat as established whatsoever -these twelve shall ordain, and this shall be done to avoid expense to -the commonalty. - -Fifteen shall be named as the King's council by the following four, to -wit--the Earl Marshal, the Earl of Warwick, Hugh Bigot, and John Mansel, -who are elected by the twenty-four to name the above-mentioned fifteen. -And their appointment shall be confirmed by the twenty-four or the -greater part of them. And they shall have power to advise the King in -good faith concerning the government of the kingdom and all matters -pertaining to King and kingdom; and to amend and put to rights all -things which they shall see require redress and amendment. And they -shall have control over the Chief Justice, and over all other men. And -should they not all be able to be present, what the majority ordains -shall be settled and established. - -(Then follow the names of the principal castles of the King and of their -custodians.) - -[19] A vassal, holding not immediately from the Sovereign, but from some -great lord. - -[20] The hereditary revenue of the crown, as distinct from taxation. - - - - -HENRY REPUDIATES THE PROVISIONS OF OXFORD (1261). - -+Source.+--_Matthew of Westminster_, vol. ii., pp. 391-392. (Bohn's -Libraries.) - - -About the same time, in February, the lord the King of England, who, -during his whole reign, had been considered extravagantly liberal -towards foreigners, having now taken thought with himself secretly, that -from being subjected to the provisions made by the Barons he had been, -contrary to his customs, forced to stay his hand, was greatly grieved at -being forced to adhere to their guardianship and arrangements, however -useful they might be, and determined, with a resolute heart, to alter -them. Therefore, having convoked his nobles, he said to them: "All of -you laboured perseveringly on behalf of the general advantage and -benefit (as you asserted) of the King, and for the sake of increasing my -treasures, and diminishing my debts; and you unanimously agreed to a -promise which was to be observed upon oath, to the observance of which -you also bound me and my son by a similar oath. But now I have -experienced beyond a doubt that you are desirous not so much of the -advantage of the King and of his kingdom as of your own, and that you -are altogether receding from your arrangements, and that you have -reduced me not as your lord, but as your servant under your authority. -Moreover, my treasury is exhausted to an unusual degree; my debt -increases in every direction, and the liberality and power of the King -is almost overthrown and put down. On which account I desire you not to -wonder if I do not walk any more by your counsel, but leave you to -yourselves for the future, and allow myself to seek a remedy for the -existing state of affairs." - -And when he had said this, having sent ministers to Rome to procure -absolution, the King wrote a special letter to the King of France, and -to his son Edward, entreating them to furnish him with assistance. And -the King of France promised him a large army, which he would support at -his own expense for seven years, if it should be necessary; and Edward -exerted himself, as it was said, in collecting forces of every -description, endeavouring to release Henry, who was no longer a youth, -but a veteran, from the confinement in which he was kept, and to make -him master of his kingdom, as he had been used to be. In the meantime, -the King, having neglected the statute made by his nobles, and being -deceived by flattering counsels, entered the Tower of London, and having -forced open the bolts, seized the treasure which was deposited there, -and spent and dissipated it. Moreover, he hired workmen, and caused the -Tower to be strengthened in every part, and he ordered the whole City of -London to have its locks and barriers strengthened, and to be fortified -all round. And having convoked all the citizens of twelve years old and -upwards, he caused them all to swear to maintain their fidelity to him, -the crier making proclamation that all who were willing to serve the -King should come to receive pay from him. And when they heard this, the -nobles flocked in from all quarters with their forces, encamping without -the walls, since all entertainment within was entirely denied to them. -And so a deadly war was expected on every side, which, indeed, had never -been so near in past years. - - - - -THE QUEEN INSULTED BY THE LONDONERS (1263). - -+Source.+--_William Rishanger's Chronicle_, p. 18. (Rolls Series). - - -Meanwhile, Edward, the King's son, arrived from across the seas, and -garrisoned Windsor Castle with an armed band of aliens, whom he had -brought with him a short time before. The King, however, fearing to be -imprisoned in the Tower by the army of the Barons, agreed while there -was yet time, through the mediation of timorous men, to the conditions -of peace proposed by the Barons, and promised to observe the Provisions -of Oxford. But the Queen, impelled by woman's malice, opposed the Barons -as far as she could. Consequently, when she had embarked in a boat on -the Thames for the purpose of proceeding by water to the castle at -Windsor, a mob of townspeople gathered at the bridge under which she had -to pass, loaded her with abuse and execrations, and, by throwing stones -and mud, compelled her to return to the Tower. - - - - -THE BATTLE OF LARGS (1263). - -+Source.+--_Androw of Wyntoun's Orygynale Cronykil of Scotland_, book -vii., ll. 3267-3306. - - - A thowsand twa hundyr sexty and thre - Yheris efftyr the Natyvyté, - Haco, Kyng than off Norway, - Come wyth hys ost and gret array - In Scotland on the West Se. - In Cwnyngame[21] at the Largis he - Arryẅyd wyth a gret multitud - Off schyppys wyth topcastellys gud. - And thare be a tempest fell - Off gret weddrys scharpe and snell - Off fors thai behoẅyd to tak - Land, and thame for battayle make: - And offt syne[22], as thai mycht wyn - Thare schyppys, thai wald enter in, - And ordanyd thame wyth dilygens - In thare schyppys to mak defens. - The Kyng Alysandyre off Scotland - Come on thame than wyth stalwart hand, - And thame assaylyd rycht stowtly: - Thai thame defendyd rycht manlyly. - A Scottis sqwyare off gud fame, - Perys off Curry cald be name. - Amang the rapys[23] wes all to rent - Off tha schyppys in a moment. - And mony wes slayne that ilk tyde - Off Scottis and Norways on ilke syde. - Thare thai fechtand war sa fast, - The Kyng off Norway at the last - And hys men fer revyd[24] sare, - That evyre thai arryẅyd thare: - For off hys schyppys in the sé - Ware mony drownyd; and thare menyhe - Ware sa sted in gret peryle. - The Kyng hymself into that qwhylle - Wytht hys naẅyn[25], that sawffyd was, - Wychtly wan[26] owt off the pres, - And tuk the se hamwart the way, - Thare trad[27] haldand till Orknay. - Thare than tuk land Haco thar Kyng, - And in gret seknes mad endyng. - -[21] Cunningham, one of the old districts of Ayrshire. - -[22] Afterwards. - -[23] Ropes. - -[24] Sorrowed. - -[25] Ships. - -[26] Cleverly won. - -[27] Course. - - - - -THE MISE OF AMIENS (1264). - -+Source.+--_Rymer's Fœdera_, vol. i., pp. 433-434. - - -(This document is drawn up in the name of Louis IX., King of France. -After a recapitulation of the letters of appeal sent to him by the King -and Barons of England, he continues): - -The aforesaid King of England on the one side, and the above-mentioned -Barons on the other, have appealed to us concerning all the disputes -between them, ... and have promised by an oath on the Holy Gospels that -they will obey in all good faith whatever decision we decree and ordain -regarding these disputes or some of them.... Therefore, having caused -the said King in person, and certain of the Barons in person, and others -by proxy, to appear before us, and having perceived that the provisions, -ordinances, and statutes of Oxford, and the obligations resulting from -them and brought about by them, have been of exceeding great hurt to the -King's rights and honour, and have occasioned disturbances in the -kingdom, depression and damage to the Church, and much loss to other -persons--laymen and churchmen, natives and aliens--in the kingdom; -believing, also, that even more serious results may reasonably be feared -in the future; and bearing in mind, especially, that the lord Pope has -already by his letters declared them null and void; in the name of the -Father, the Son, and the Holy Ghost, by our royal command and ordinance -we declare null and void the aforesaid provisions, ordinances, and -statutes--by whatever name they may be called--and whatever obligations -result from them, or are occasioned by them. - -We declare further, that, by virtue of the said provisions, or -obligations, or ordinances, or of any power conceded in connection with -them by the King, no one is to make new statutes, or to hold to or -observe those already made, and on account of non-observance of the -aforesaid statutes no one shall be deemed, capitally or otherwise, the -enemy of another, or shall undergo any punishment on this account. - -We decree, also, that all letters resulting from the aforesaid -provisions shall be null and void, and shall be restored to the King by -the Barons. - -In addition, we declare and ordain that all castles which were handed -over as a pledge for the carrying out of the provisions, or because of -them, shall be freely restored by the said Barons to the King, to be -held by the King as he held them before the time of the aforesaid -provisions. - -Further, that the aforesaid King may, freely and of his own will, elect, -dismiss, and remove from office, the Chief Justice, the Chancellor, the -Treasurer, counsellors, lesser justices, sheriffs, and all other -officials and servants of his kingdom and household, as he did and was -allowed to do before the time of the aforesaid provisions. - -Further, we cancel and annul the statute which provides that for the -future the kingdom of England shall be governed by native-born men, and -that aliens shall leave the country not to return, except those whose -continued residence is approved by the commonalty: we ordain that aliens -may freely dwell in the said kingdom; and that the King may freely call -whomsoever he pleases, both aliens and natives, to his council, even as -he could before the aforesaid time. - -We declare and ordain, also, that the said King shall have full power to -govern freely in his kingdom and its dependencies, and shall be in the -state and in the enjoyment of plenary power, in and through everything, -even as he was before the aforesaid time. - - - - -THE BATTLE OF LEWES (1264). - -+Source.+--Continuation of _Matthew Paris_ (attributed to William -Rishanger), vol. iii., pp. 347-349. (Bohn's Libraries.) - - -Being then assured that a battle was imminent, the army of the Barons, -before sunrise, left the village of Fletching [about six miles distant -from Lewes], where a great portion of it had passed the night. Before -starting on the expedition, Earl Simon conferred the honour of -knighthood on Gilbert Clare. When they reached a place scarcely two -miles distant from the town of Lewes, Simon with his friends ascended an -eminence, and placed his car thereon in the midst of the baggage and -sumpter horses. There he displayed his standard, fastening it securely -to the car, and surrounded it with a large number of his soldiers. He -himself with his army took possession of the ground on both sides of -this place, and awaited the issue of events. In another car he had shut -up four citizens of London, who had conspired to betray him a short time -before, when he was passing the night at Southwark. This he did by way -of precaution. He then prudently arranged his forces, and ordered his -soldiers to fasten white crosses on their breasts and backs, above their -armour, that they might be known by their enemies, and to show that they -were fighting for justice. Early in the morning of that day the army of -the Barons surprised the King's followers, who had gone out to seek food -and fodder for their horses, and put a great many of them to death. - -The King, being informed of the approach of the Barons, soon set himself -in motion with his army, and went forward to meet them with unfurled -banners, preceded by the royal ensign, which bore on it a dragon, as if -announcing itself the messenger of death. His army was divided into -three bodies; the first division was under the command of his eldest son -Edward, accompanied by William de Valence, Earl of Pembroke, and John de -Warrenne, Earl of Surrey and Sussex. The second was commanded by the -King of Germany and his son Henry; whilst King Henry himself commanded -the third division. The army of the Barons was in four divisions; the -first of which was under the command of Henry de Montfort and the Earl -of Hereford; the second under Gilbert Clare, John Fitz John, and William -de Monchesnil; the third, composed of Londoners, was commanded by -Nicholas Segrave; and Earl Simon and Thomas Pelvedon led the fourth -division. Edward with his division rushed on the enemy with such -impetuosity that he forced them to retreat, many of them--report stated -the number of knights to amount to sixty--being drowned. The Londoners -were soon put to flight, and Edward, who thirsted for their blood owing -to the insult lately offered to his mother, pursued them for the -distance of four miles, and made a dreadful slaughter of them; but, by -his absence, he much weakened the King's forces. In the meantime, some -of the chiefs of the King's army, seeing the Earl's standard on the -hill, and thinking that the Earl himself was there, hastened thither -suddenly and slew the citizens of London who were shut up in the car, -not knowing that they were friendly to their cause. During all this -time, however, the Earl and Gilbert Clare were by no means idle, but -struck down and slew all who opposed them, directing their utmost -endeavours to take the King alive; and great numbers of the King's -adherents fell before them. John, Earl Warrenne, William de Valence, and -Guy de Lusignan, all uterine brothers of the King, Hugh Bigod, and about -three hundred armed knights, turned their backs and fled before the -fierce attacks of the Barons. Richard, King of Germany, Robert Bruce, -and John Comyn, who had brought a number of Scots with them, were made -prisoners. King Henry, also, after having his horse killed under him, -surrendered himself to Simon de Montfort, and was shortly afterwards -placed in the priory under a guard. Many of the Barons of Scotland were -slain on the spot on that day, and the foot-soldiers who had come with -them were slaughtered in great numbers. There were, moreover, made -prisoners, Humphrey de Bohun, Earl of Hereford; John Fitzallan, Earl of -Arundel; William Bardolf, Robert Tateshull, Roger Somerey, Henry Percy, -and Philip Basset. On the side of the King were slain the Justiciaries, -William Wilton and Fulk FitzWarren, the one falling in battle, the other -being drowned in the river. On the side of the Barons there fell Ralph -Hornigande, a Baron, and William Blund, the Earl's standard-bearer. It -was stated that the loss on both sides put together amounted to five -thousand men. - -Edward, on returning with his companions in arms from the slaughter of -the Londoners, not knowing what had happened to his father, went round -the outside of the town and reached the Castle of Lewes; but not finding -his father there, he entered the priory, where he met with him and -learned what had passed. The Barons, in the meantime, made an assault on -the castle, but as the garrison made a vigorous defence, they withdrew; -Edward, on hearing of the daring bravery of the garrison, was much -inspirited, and, reassembling his troops, wished to try his fortune in -another battle. The Barons, on learning his determination, sent persons -to mediate for a peace, promising to come to some definite arrangement -to that effect on the morrow. On the morrow, therefore, by the -intervention of the Preacher and Minorite brethren, it was arranged that -on the sixth day following, Edward and Henry should deliver themselves -up to Earl Simon, in exchange for their fathers the Kings of England and -Germany, in the hope of obtaining peace and tranquillity, on condition -that due deliberation should be taken as to which of the statutes and -provisions ought to be observed to benefit the kingdom, and which ought -to be annulled, and that the spoil taken on both sides should be given -up without any ransom. On the Saturday following the King gave -permission to all who had joined his cause to return to their homes.... -As for Edward, he was sent to the Castle of Wallingford for safety. - - - - -THE VIEWS OF THE KING AND OF THE BARONS CONCERNING THE GOVERNMENT OF -ENGLAND (1264). - -+Source.+--_The Song of Lewes._ (_Political Songs of England from the -Reign of John to that of Edward II._, Camden Society, 1839.) - - -We are touching the root of the perturbation of the kingdom of which we -are speaking, and of the dissension of the parties who fought the said -battle. The objects at which these two parties aimed were different. The -King, with his, wished thus to be free; and so (it was urged on his -side) he ought to be; and he must cease to be King, deprived of the -rights of a King, unless he could do whatever he pleased. It was no part -of the duty of the magnates of the kingdom to determine whom he should -prefer to his earldoms, or on whom he should confer the custody of -castles, or whom he would have to administer justice to the people, and -to be Chancellor and Treasurer of the kingdom. He would have everyone at -his own will, and counsellors from whatever nation he chose, and all -ministers at his own discretion; while the Barons of England are not to -interfere with the King's actions, the command of the Prince having the -force of law, and what he may dictate binding everybody at his pleasure. -For every Earl also is thus his own master, giving to everyone of his -own men both as much as he will, and to whom he will; and although he be -a subject, the King permits it all. Which, if he do well, is profitable -to the doer; if not, he must himself see to it; the King will not hinder -him from injuring himself. Why is the Prince worse in condition, when -the affairs of the Baron, the knight, and the freeman, are thus managed? -Therefore they aim at making the King a slave, who wish to diminish his -power, to take away his dignity of Prince; they wish by sedition to -reduce captive into guardianship and subjection the royal power, and to -disinherit the King, that he shall be unable to reign so fully as -hitherto have done the Kings who preceded him, who were in no respect -subjected to their people, but administered their own affairs at their -will, and conferred what they had to confer according to their own -pleasure. This is the King's argument, which has an appearance of -fairness, and this is alleged in defence of the right of the kingdom. - -Now let my pen turn to the other side:--let me describe the object at -which the Barons aim.... The adversaries of the King are enemies who -make war upon him, and counsellors who flatter the King, who seduce -their Prince with deceitful words, and who lead him into error by their -double tongues; these are adversaries worse than those who are perverse; -it is these who pretend to be good whilst they are seducers, and -procurers of their own advancement; they deceive the incautious, whom -they render less on their guard by means of things that please them, -whereby they are not provided against, but are considered as prudent -advisers.... And if such, by their conduct, should change the state of -the kingdom; if they should banish justice to put injustice in its -place; if they should call in strangers and trample upon the natives; -and if they should subdue the kingdom to foreigners; if they should not -care for the magnates and nobles of the land, and should place -contemptible persons over them; and if they should overthrow and -humiliate the great; if they should pervert and turn upside down the -order of things; if they should leave the measures that are best to -advance those that are worst;--do not those who act thus devastate the -kingdom?... - -A wise Prince will never reject his people, but an unwise one will -disturb the kingdom. Wherefore, if a King is less wise than he ought to -be, what advantage will the kingdom gain by his reign? Is he to seek by -his own opinion on whom he should depend to have his failing supplied? -If he alone choose, he will be easily deceived, who is not capable of -knowing who will be useful. Therefore let the community of the kingdom -advise; and let it be known what the generality thinks, to whom their -own laws are best known. Nor are all those of the country so -uninstructed as not to know better than strangers the customs of their -own kingdom, which have been bequeathed from father to son. They who are -ruled by the laws know these laws best; they who experience them are -best acquainted with them; and since it is their own affairs which are -at stake, they will take more care, and will act with an eye to their -own peace. They who want experience can know little; they will profit -little the kingdom who are not stedfast. Hence it may be deduced that it -concerns the community to see what sort of men ought justly to be chosen -for the unity of the kingdom; they who are willing and know how, and are -able to profit it, such should be made the counsellors and coadjutors of -the King; to whom are known the various customs of their country; who -feel that they suffer themselves when the kingdom suffers; and who guard -the kingdom, lest, if hurt be done to the whole, the parts have reason -to grieve while they suffer along with it; which rejoice, when it has -cause to rejoice, if they love it.... - -From all that has been said, it may appear evident that it becomes a -King to see, together with his nobles, what things are convenient for -the government of the kingdom, and what are expedient for the -preservation of peace; and that the King have natives for his -companions, not foreigners nor favourites for his counsellors or for the -great nobles of the kingdom. - - - - -THE MISERIES OF CIVIL WAR (1264). - -+Source.+--_Chronicon Thomæ Wykes_, pp. 157-159. (_Annales Monastici_, -vol. iv.--Rolls Series.) - - -But to return to the course of events in England, we must not pass over -in a feigned silence the wickedness or madness of the inhabitants of the -Cinque Ports, and the many hardships which they brought upon the English -people. For they gathered together a large fleet of pirate vessels, with -which they constantly scoured the seas, to prevent by force the bringing -of provisions to England; all those whom they were able to capture on -the seas, natives as well as foreigners, they cruelly slew, and, casting -the bodies into the deep, put to their own use the ships and all they -contained; they became crueller, in their destruction, than the -whirlpool of Scylla or Charybdis, for they despoiled of all their goods -and slew, without respect of persons, the merchants who were accustomed -to bring us stores. Wherefore the supply of foodstuffs, which generally -had been more plentiful in England than in all other regions, so -diminished, that wine, previously sold at forty shillings, easily -fetched ten marks; and wax, which generally did not exceed forty -shillings, was worth eight marks and more; and a pound of pepper, -formerly scarcely worth sixpence, was sold for three shillings. To be -brief, there was such a scarcity of salt, iron, steel, cloth, and all -manner of goods, that the people suffered terribly from want, and even -divers merchants were forced to beg, for the people could not send their -goods out of the kingdom; wherefore, had not Divine Providence come -quickly to succour the country in its misery, the supply of money would -have failed, as well as that of goods. And the Earl--_i.e._, Simon de -Montfort--wishing to soothe the popular ear by foolish fancies, -announced and caused it to be proclaimed abroad that the inhabitants -could easily be provided for out of the produce of the country itself, -without bringing in provisions from abroad--an idea which is clearly -absurd: for, indeed, the interchange of goods between two countries -brings divers benefits to each in turn; nevertheless, some, wishing to -please the Earl, wore garments of white cloth, refusing to put on -coloured ones, lest they should be seeming to seek for necessaries from -abroad. - -The lord Henry de Montfort, too, eldest son of the Earl of Leicester, to -fill up the cup of his greed, greatly tarnished his honour as a soldier -by seizing and applying to his own purposes all the wool of the kingdom, -which the merchants, not only of Flanders, but of England and other -parts, had brought down to the harbours to ship each to his own country; -for which dishonourable act, instead of a good soldier, he was known, -for a byword, as "the woolcarder." By these and other distresses the -kingdom of England was so weakened that, wounded by irreparable losses, -it became a most miserable instead of a flourishing country, and, in the -words of the Prophet, we were "a reproach to our neighbours, a scorn and -a derision to them that are round about us." - - - - -SIMON DE MONTFORT'S SCHEME OF GOVERNMENT (1264). - -+Source.+--_Rymer's Fœdera_, vol. i., p. 443. - - -For the amendment of the state of the kingdom of England there shall be -elected and nominated three discreet and faithful men of the realm, who -shall receive authority and power from the lord King to elect or -nominate, in the King's place, nine counsellors. Of these, three at -least, in turn, shall always be present at the Court; and the lord King, -by advice of the aforesaid nine, shall ordain and dispose of the -wardenship of castles and all other business of the kingdom. The lord -King, also, acting on the advice of the same nine, shall appoint the -Justiciar, Chancellor, Treasurer, and other greater and lesser officials -who have to do with any matters pertaining to the government of Court -and kingdom. The first electors or nominators shall swear that, obeying -the dictates of conscience, they will elect or nominate counsellors whom -they believe to be useful and faithful to the honour of God and the -Church, and to the lord King and kingdom. Further, the counsellors and -all officials, greater and lesser, shall swear on appointment that they -will faithfully carry out their duties, so far as they can, to the -honour of God and the Church, and the good of the lord King and kingdom, -taking no gifts, except the meat and drink commonly presented for the -table. But if the aforesaid counsellors, or any one of them, in carrying -out the duties entrusted to them, shall be found guilty of malversation, -or for any other cause shall require to be changed, the lord King, by -the advice of the first three electors or nominators, shall dismiss -those requiring dismissal, and in their place, by advice of the same -three, appoint and substitute other faithful and suitable men. If the -greater or lesser officials shall be found guilty of malversation in -their offices, the lord King, on the advice of the aforesaid nine, shall -remove them, and by the same advice substitute others without delay. If -the first three electors or nominators, in the election or nomination of -counsellors, or the counsellors in the appointment of officials, or in -carrying out or accomplishing other business pertaining to the King or -kingdom, shall disagree, whatever is determined on or ordained by -two-thirds shall be firmly observed; provided that among these -two-thirds shall be a prelate of the Church in all ecclesiastical -matters. And if it should happen that two-thirds of the aforesaid nine -do not agree about any matter, the dispute shall be referred to the -determination of the first three electors or nominators, or the greater -part thereof. And should it seem fitting to the general body of prelates -and Barons together that some person or persons should be appointed in -the place of, or be substituted for any of the first three nominators, -the lord King, on the advice of the general body of prelates and Barons, -shall do so. The lord King (or the counsellors themselves, in place of, -and by authority of the King), shall carry out all the aforesaid matters -by advice of the nine in the form above described; the present ordinance -being intended to hold good until the provisions of the Mise drawn up at -Lewes, and afterwards signed by both sides, be jointly carried out, or -other provisions approved of by both parties be substituted. - -Given in Parliament at London, in the month of June, 1264. - - - - -THE EVESHAM CAMPAIGN (1265). - -+Source.+--Continuation of _Matthew Paris_ (attributed to William -Rishanger), vol. iii, pp. 353-354. (Bohn's Libraries.) - - -About this time the King's son Edward, who was detained in custody in -the Castle of Hereford, obtained permission from his guards to take -exercise in a field outside the city, and to amuse himself with trying -the speed of their horses. On one occasion, after trying several horses -and tiring them out, he at length chose a good one, which he mounted, -and, urging him to speed with his spurs, he bade farewell to his guards, -and, crossing the River Wye, he directed his course, accompanied by two -knights and four esquires who were aware of his design, to the Castle of -Wigmore. His guards gave pursuit to him, but seeing the banners of Roger -Mortimer and Roger de Clifford, who were come to assist Edward in his -escape, they were out-manœuvred, and so returned to Hereford. These -occurrences took place on the eve of the Trinity, and were arranged with -the counsel and assistance of the aforesaid knights. Thus released from -his imprisonment, Edward assembled a large army, as numbers flocked to -join him, and the counties of Hereford, Worcester, Salop, and Chester -entered into an alliance with him, the towns and villages, cities and -castles pouring forth their inhabitants to join his standard. He at once -besieged and took the city of Gloucester, of which the Earl had lately -gained possession, the garrison left therein taking flight to the -castle; but after fifteen days they surrendered the castle also, and on -giving their oath not to bear arms against Edward for the future, they -were allowed to depart at liberty. The Earl of Leicester in the meantime -attacked the Castle of Monmouth, which the Earl of Gloucester had lately -taken and fortified, and having compelled the garrison to surrender, -rased the castle to the ground. He then entered Glamorganshire, the -territory of the said Earl of Gloucester, and being met by the Prince of -Wales with assistance, the two chiefs together ravaged the whole country -with fire and sword. Edward in the meantime, hearing that many of the -partisans of Earl Simon had flocked together to the Castle of -Kenilworth, joined his forces with those of the Earl of Gloucester, and, -setting forth from Worcester in the evening, reached that place by -forced marches. Coming on the place suddenly, he made prisoner of the -Earl of Oxford, and about thirteen knights bannerets, before they could -enter the castle, in which Simon, the son of Earl Simon, had already -shut himself up. Simon, Earl of Leicester, always keeping the King in -his company, returned from the south of Wales, and on the Festival of S. -Peter ad Vincula, arrived at Kempsey, a manor of the Bishop of -Worcester, and stayed there on the day following. Edward then returned -from Kenilworth to Worcester, which is only three miles distant from the -above-named manor; and Simon, on hearing of his arrival there, went away -with the King at nightfall, and took up his quarters in the town of -Evesham, where he awaited his unhappy destiny. For, on the morrow, which -was the day of the finding of S. Stephen, Edward moved from Worcester, -crossed the river near the town of Claines, and cut off the approach of -the Earl to his son, who was in the Castle of Kenilworth, and prevented -all chance of the father and son meeting. On the following day he drew -near the town of Evesham on one side, and the Earl of Gloucester and -Roger Mortimer came up with their respective forces in two other -directions; thus the Earl of Leicester was hemmed in on all sides, and -was under the necessity either of voluntarily surrendering or of giving -them battle. On the fifth of August, which fell on the third day of the -week, both armies met in a large plain outside the town, where a most -severe conflict ensued, till the partisans of the Earl began to give -way, and, the whole weight of the battle falling on him, he was slain on -the field of battle. At the time of his death a storm of thunder and -lightning occurred, and darkness prevailed to such an extent that all -were struck with amazement. Besides the Earl, there fell in that battle -twelve knights bannerets ... and a great number of others of inferior -rank, such as esquires and foot-soldiers, the greatest loss being among -the Welsh. - - - - -CHARACTER OF SIMON DE MONTFORT. - -+Source.+--Continuation of _Matthew Paris_ (attributed to William -Rishanger), vol. iii., p. 355. (Bohn's Libraries.) - - -Thus ended the labours of that noble man Earl Simon, who gave up not -only his property, but also his person, to defend the poor from -oppression, and for the maintenance of justice and the rights of the -kingdom. He was distinguished for his learning; to him an assiduous -attention to divine duties was a pleasure; he was moderate and frugal; -and it was a usual practice of his to watch by night, in preference to -sleeping. He was bold in speech and of a severe aspect. He put great -confidence in the prayers of religious men, and always paid great -respect to ecclesiastics. He endeavoured to adhere to the counsels of S. -Robert, surnamed Grosseteste, Bishop of Lincoln, and entrusted his -children to him to be brought up when very young. On that prelate's -counsel he relied when arranging matters of difficulty, when attempting -dubious enterprises, and in finishing what he had begun, especially in -those matters by which he hoped to increase his merits. It was reported -that the same Bishop had enjoined on him, in order to obtain remission -of his sins, to take up this cause, for which he fought even to the -death, declaring that the peace of the Church of England could not be -firmly established except by the sword, and positively assuring him that -all who died for it would be crowned with martyrdom. Some persons, -moreover, stated that on one occasion the Bishop placed his hand on the -head of the Earl's eldest son, and said to him: "My well-beloved child, -both thou and thy father shall die on one day, and by one kind of death; -but it will be in the cause of justice and truth." Report goes that -Simon, after his death, was distinguished by the working of many -miracles, which, however, were not made publicly known, for fear of -Kings. - - - - -THE DISINHERITED IN THE ISLE OF ELY (1266-1267). - -+Source.+--_Chronicon Thomæ Wykes_, pp. 192-193, 204, 207-210. (_Annales -Monastici_, vol. iv.--Rolls Series.) - - -A.D. 1266.--About Michaelmas, a great body of the disinherited, forming -a strong confederation, gathered together secretly, and took possession, -more by guile than by force, and with the connivance of the inhabitants, -of a marshy district, surrounded by lakes and rivers, and girded in by -impassable marshes, commonly called the Isle of Ely. This place, after -they had effected their entrance--and the islanders were unable to -resist such a host of invaders--they immediately stored with arms and -provisions, and built defences which so cunningly closed up the -entrances and exits that no one could approach without their consent; -while they themselves were accustomed to cross to the neighbouring -counties, and there, accompanied by the great band of robbers whom they -had collected, they seized and carried off to the aforesaid island, by -deeds of evil daring, and without respect of persons or places, for -their own sustenance and that of their dependants, whatever food or -furnishings they could find in Norfolk, Suffolk, Cambridge, or in any of -the districts round about; and in that island they abode safely without -being disturbed all winter.... - -A.D. 1267.--Since the King with his nobles was engaged, as we have said, -in the siege of London, the nobles on the island, perceiving that the -administration of the law was lax, and being therefore controlled by no -fear of restraint or armed resistance, but rejoicing in the licence thus -permitted them, harassed the neighbouring district by frequent marauding -expeditions, conducted with the usual cruelty.... - -But now, the lord Edward, his heart full of the desolation of the Island -of Ely, decided that he must use guile as well as force to reduce by -warlike means its treacherous occupants. (For, against such dastardly -robbers as these, to employ cunning must not be considered a sin, but -rather a virtue, since in dealing with enemies of the State victory is a -consideration paramount to good faith.) Therefore, striving with noble -zeal to put a stop, in the interest of the whole realm, to the fierce -attacks of this great host, Edward cunningly entered into a secret -compact with the lord Nicholas de Segrave, the warden to whom had been -entrusted the guardianship of the defences or fortifications by which -assailants were easily kept back from the approach to the island, his -aim being to prevent any check from that direction to the plans which he -had conceived and was endeavouring to carry into effect; and when this -bargain had been firmly and faithfully sealed, he entered the monastery -of Ramsey, near to the marshes, with a large band of men, and brought -the people of the district over to his side by promises and bribes, -enjoining them not to fear the danger of death should they be compelled -by fate or ill-fortune (which might Heaven forbid!) to die with him; -then the country people, who had come, by frequent examination, to know -the most secret places of that wide extent of marsh land, sailing or -walking over it constantly as they did, fashioned hidden paths through -places formerly impassable, making bridges by means of bundles of reeds -wrought together; and the bounty of Nature supplied the defects of their -skill. By this means a body both of foot-soldiers and horsemen crossed -almost as on dry land. Two hot summers in succession added to the -success of this artifice, by causing places, formerly so swampy as to -offer no sure foothold, to be quite dried up by the heat, so that it -truly might be said, "Here is the finger of God." Thus the soldiers were -enabled, by traversing the paths pointed out to them by the country -people, whose fears vanished under the leadership of so famous a -general, and by the connivance of the lord aforesaid, who held to his -compact, to cross the fortifications and defences without resistance, -and, without the knowledge of the islanders, to halt on solid ground -within the bounds of the island, separated from their enemies only by a -small stream; this, too, they were able to cross without any difficulty -by filling it up with bundles of reeds, of which they had a plentiful -supply, to the terror and stupefaction of the other inhabitants, who now -observed them. Astounded by the sudden, unexpected arrival of so many -strangers, the islanders were slow to make defence or resistance; but -lest they should seem to be entirely inactive, they sent forward to the -river a number of crossbowmen and archers, who, by clearing a passage -with their arrows, or even by a slow retreat, might grant the nobles -time to gird on their armour, assume their weapons, and bear down on -these unexpected adversaries; but the plan failed, for the lord Edward, -fearing that his bold device might come to nought through weakness in -defence, ordered his crossbowmen and archers to engage the enemy's -archers from the other side of the stream; and when his army, having -almost completed its passageway, was courageously commencing to attack -the enemy, whom he saw near at hand ready to fight, the lord Edward -publicly proclaimed that if anyone attacked any of his men or by any act -of rebellion hindered him in carrying out his enterprise, such an one -would suffer death by hanging or execution, should success--and of that -there was no doubt--crown his efforts. On this, the fierce courage of -the islanders weakened and gave way, and all, struck by sudden fear, -laying aside their haughty fierceness, with bowed heads meekly surrendered, -and--though they had refused to hear of it previously--submitted -themselves to the ever-gracious clemency of the Prince. - -Then Edward, granting them a simulated pardon, which, indeed, not to -pass over it in silence, they had deserved, allowed a truce of barely -two days in which, sacrilegiously gathering together their spoil, they -should vacate the surrendered city and island. They departed, all alike -in confusion and disgrace, to the no small joy of the provincials, who -were now restored to their possessions and rejoiced in their ancient -liberty. But the victorious army, in triumphal procession, with trumpets -sounding joyfully, entered the city, while all the citizens, together -with the few remaining monks, gave thanks to the King of Kings, who, -pitying the distress of the city and province, had destroyed that evil -horde of wicked men, and, striking from their necks the insupportable -yoke of slavery, had restored their liberty under the protection of -their future Prince. - - - - -EDWARD IN THE EAST (1270-1272). - - -A. +Source.+--Continuation of _Matthew Paris_ (attributed to William -Rishanger), vol. iii., pp. 375 _et seqq._ (Bohn's Libraries.) - -A.D. 1270.--In the month of May in this year, the King's son Edward set -out on his pilgrimage to the Holy Land, taking with him his wife -Eleanor, and accompanied by his brother-in-law Edmund, by four Earls, -the same number of Barons, and many other nobles.... Edward then arrived -in France with his fleet, but, learning that the King of France had -started for the Holy Land, he followed him by sea, and after a voyage of -ten days, arrived safely at Tunis, and landed with all his companions -and followers. There he was met by the King of France and his nobles, -who received him joyfully, and admitted him to the kiss of peace. In the -month of August the sickness which raged about the sea-coast did great -havoc in the army of the Christians. At Tunis, amongst the chiefs of the -army, in the first place, there died John, Count of Nevers, the son of -the French King, and the Cardinal Albano, legate of the Apostolic See. -Soon afterwards, on the day after the Feast of S. Bartholomew the -Apostle, St. Louis, the most Christian King of the French, passed from a -temporal kingdom to an eternal one.... He was succeeded in his kingdom -by his son Philip. At the time when the army was in a state of -desolation, in consequence of the King's death, Charles, King of Sicily, -arrived, who had been sent for by the King before his death. Although -the Saracens were evidently much more numerous than the Christians, they -never dared to attack the Christians in the open field, but caused them -much annoyance and inconvenience by their stratagems. Amongst their -devices, one was as follows. The country being sandy, and very dusty in -the dry seasons, the Saracens placed several thousands of their people -on an eminence in the neighbourhood of the Christians, and when the wind -was blowing in the direction of the latter, they stirred up the sand and -dust, which caused great annoyance to the Christians. But at length -rain, coming on, laid the dust, and the Christians got ready their -different engines of war, and made preparations for attacking Tunis by -land and sea. The Saracens, on seeing this, entered into a treaty with -them, and agreed to set at liberty all the Christians who were captives -in that country. They also allowed the faith of Christ to be preached -freely by the Preacher and Minorite brethren, and by all others soever, -in all the monasteries founded in honour of Christ in the cities of that -kingdom; also that all who chose to be baptized should be at liberty to -be so. The expenses of the two Kings then having been paid, and the King -of Tunis having acknowledged himself tributary to the King of Sicily, a -truce for several years was arranged, and the King of Sicily prepared to -re-embark with his army. But the Divine vengeance followed him, and, as -he was endeavouring to return, the sea engulfed almost his whole army, -the treasure he had taken from Tunis, and all his movable property.... -When Edward heard of the terrible vengeance which the Lord had inflicted -on Charles, King of Sicily, the brother of Louis, the late King of -France, and when he considered that this disaster had happened not -without a cause, he struck his breast and cried, swearing by God's -blood, his usual oath: "Although all my companions in arms and -countrymen should desert me, yet I, with Fowin, my palfrey-keeper" (for -such was his name) "will enter Ptolemais or Acre, and will keep my -compact and my oath, though my soul shall be separated from my body in -so doing." All the English who were with him, and heard this -declaration, promised that they would go with him. He then at once set -sail for Acre, and, on his arrival there, found that the city was to be -surrendered to the Saracens in four days from that time. By his arrival -the Soldan of Babylon was disappointed in his expectations; and although -he had begun to besiege the city, he returned to his own country with -his army. - -A.D. 1271.--In this year, whilst the King's eldest son Edward was -staying at Acre, a certain Emir of Joppa (a rank which corresponds to -that of an Earl amongst us), and a Saracen by birth, was seized with an -affection for him, on account of his fame for valour, and frequently -sent letters and messages of commendation to him by a certain Hassatut, -or Assassin, named Anzazim. This man had been educated from his boyhood -in subterranean places, where he had been taught to make a sudden attack -on any Prince of the adversaries of his sect, and had been given to -understand that, even if he should be slain in his attempt, he would, -for such an action, receive new life amidst the joys of Paradise. On one -occasion of his coming to Edward, as he had been often accustomed to do, -with letters, he pretended that he wanted to reveal some secrets to him. -Everyone then having been excluded from the room, the assassin, whilst -Edward was leaning against the window and directing his attention -outside, suddenly drew a poisoned knife and wounded him twice in the -arm, and a third time under the armpit. Edward at once hurled the -assassin to the earth with his foot, and, wrenching the knife from his -hands, slew the villain with it. In wresting away his knife, however, he -wounded himself severely in the hand, and as the poison entered and -spread in the wounds, they were only cured with great difficulty, and by -the application of many and various remedies. Some say that Edward, on -finding himself suddenly wounded, having nothing to defend himself with, -seized the tripod which supported his table and brained the ruffian. He -then summoned his attendants, and after explaining the particulars of -his mishap, he ordered the body of the wretch to be hung on the walls of -the city, by the side of a live dog, that the sight of this spectacle -might strike fear into others. - - -B. +Source.+--_Matthew of Westminster_, vol. ii., p. 455. (Bohn's -Libraries.) - -A.D. 1272.--This year, when Edward had been a long time waiting in Acre -for aid from the Christians and the Tartars, because he had formed the -design of overwhelming the Saracens with a mighty force, seeing that he -was deceived by both parties, because the Christians had returned to -their own land, and because the Tartars, who are also called Moallians, -were perishing under domestic tyranny, he dismissed all his mercenary -forces at Acre, and, crossing the sea, landed in the kingdom of Sicily, -where he was met with honour by King Charles, who conducted him to -Civita Vecchia, where the Roman Court was residing, and where Edward -related to Pope Gregory, who was now become his lord, from having lately -been his friend, all the perils of the Holy Land. - - - - -PARLIAMENT ARRANGES FOR THE INTERREGNUM (1272). - -+Source.+--_Annals of Winchester_, p. 113. (_Annales Monastici_, vol. -ii.--Rolls Series.) - - -In this year, after the Feast of S. Hilary, when an assembly of all the -prelates and other magnates of the kingdom had been summoned to -Westminster, after the death of the illustrious King Henry, there -gathered together the Archbishops and Bishops, Earls and Barons, Abbots -and Priors, and from every county four knights and from every borough -four, all of whom, in the presence of the lords Walter, Archbishop of -York, Roger Mortimer, and Robert Burnell, clerk, who presided in the -place of the lord Edward, King of England, took an oath to the said lord -Edward as ruler of the land, and undertook to carry out the commands of -the King for the faithful and strict keeping of the peace in the -kingdom. Lord Walter of Merton was appointed Chancellor, to remain at -Westminster, as a place of public resort, until the arrival of the King. -It was further provided that there be no justices itinerant before the -King's arrival, but only justices "de Banco." - - - - -PERSONAL APPEARANCE AND CHARACTER OF EDWARD I. - -+Source.+--_Nicholas Trivet's Annals_, pp. 281-283. (English Historical -Society Publications.) - - -Edward, King of England, eldest son of Henry the Third by Eleanor, -daughter of the Count of Provence, had completed thirty-three years and -five months of his life on the day when he succeeded his deceased father -on the throne. He was a man of experience and prudence in affairs, -devoted from boyhood to the exercise of arms, in which in different -parts he had gained such fame as a warrior that he easily excelled the -Princes of his time throughout the whole Christian world. In build he -was elegant and of commanding stature, towering head and shoulders above -the people; his hair, which in boyhood turned from a colour wellnigh -silver to yellow, and in youth became black, beautified his old age with -its snowy whiteness. His forehead, like the rest of his face, was broad, -though the drooping of the left eyelid recalled his father's expression. -He spoke with a lisp, but yet did not lack a ready power of persuasion -in argument. His arms were supple, in proportion to his body, and -supremely fitted in the strength of their sinews for the use of the -sword. His girth was greatest round the chest. The length of his lower -limbs enabled him to keep a firm seat in riding and leaping with -spirited horses. When not engaged in feats of arms, Edward indulged in -hawking and hunting, especially the hunting of deer, which he used to -pursue on a fleet racehorse, and when he had come up with them, to -pierce with a sword instead of a hunting-spear.... - -In spirit he was magnanimous, intolerant of insult, and apt to forget -the presence of danger in his desire for revenge, though his passions -cooled easily on the culprit showing sorrow at his presumption. For -example, when on one occasion he was engaged in the sport of falconry -near a riverbank, he reproved one of his companions for carelessness -regarding a falcon which had caught a duck amidst the willows; but the -other, seeing that there was neither bridge nor ford near, lightly -replied "that it was sufficient for him to have the river between them"; -whereat the King's son, exasperated, entered the water on his horse, -though he knew not the depth, forced the animal to swim across, and, -ascending with difficulty the steep opposite bank, hollowed out by the -rush of the waters, drew his sword and pursued his companion, who had -now mounted and ridden off. Finally, the latter, giving up all hope of -escape, wheeled his horse round, bared his head, and offered his neck to -Edward's will. The King's son, however, softened by this surrender, -replaced his sword in its sheath, and the two returned together -peacefully, to attend to the needs of the abandoned falcon. - - - - -THE ACQUISITION OF WALES (1277). - -+Source.+--_Matthew of Westminster_, vol. ii., pp. 471-472. (Bohn's -Libraries.) - - -In the fortnight after Easter the King withdrew from Westminster, and -hastened towards Wales with all the military force of the kingdom of -England, taking with him, as far as Shrewsbury, his Barons of the -Exchequer and his justices of the King's Bench, who remained there some -time, hearing suits according to the customs of the kingdom of England. -The Welsh, fearing the arrival of the King and his army, fled to their -accustomed refuge of Snowdon, and the King, relying on the assistance of -the Cinque Ports, occupied their territories as far as the mountain of -Snowdon in every direction. Therefore Llewellyn, Prince of Wales, -understanding that his manors and castles were being given to the flames -and destroyed, took to himself the most powerful chiefs of his country, -and about the Feast of the Nativity of the Lord in the aforesaid year, -went to the King, entreating him to show mercy and not justice. -Accordingly, King Edward received homage and fealty from the most -powerful chiefs of the Welsh, and took with him to Westminster their -Prince Llewellyn, from whom he received fifty thousand marks in hand; -and with whom he made a covenant to receive a thousand marks every year, -to be paid into the Exchequer at Westminster for the Isle of Anglesey -and the district of Snowdon; and then he permitted the aforesaid Prince -to return to those parts, after having been carefully instructed in his -duty. Further, by a formal sentence, he deprived Llewellyn's successors -for ever of the title of Prince, and reserved all the rest of the -territories of Wales of which he had lately made himself master for -himself and his successors, the Kings of England. - - - - -WRIT FOR DISTRAINT OF KNIGHTHOOD (1278). - -+Source.+--_Parliamentary Writs_, vol. i., p. 214. - - -The King to the Sheriff of Gloucester, greeting. - -We firmly enjoin you to compel without delay all the men in your -bailiwick who have twenty librates of land, or a complete knight's fee -of the annual value of twenty pounds, and who hold from us in chief and -ought to be knights, but are not, to receive from us the arms of a -knight before or at the approaching Festival of Christmas; further, you -are to compel without delay all those in your bailiwick who have twenty -librates of land, or a complete knight's fee of the annual value of -twenty pounds, from whomsoever they hold, and who ought to be knights, -but are not, similarly to receive the arms of a knight at or before the -same festival; take care to exact good and sufficient security from -them, and cause their names to be inscribed on a roll in the presence of -two lawful men of the aforesaid county, and have the roll, with your -seal and those of the two knights appended, transmitted to us without -delay. We further desire you to know that we shall cause strict -examination to be made of your conduct in the execution of this mandate, -and shall cause fitting punishment to be given. - -Witness the King at Westminster on the XXVI. day of June. - - - - -THE EARL OF WARRENNE'S TITLE TO HIS LANDS. (1278). - -+Source.+--_Walter of Hemingburgh's Chronicle_, vol. ii., p. 6. (English -Historical Society Publications.) - - -Not long afterwards, the King disturbed some of the nobles by demanding -to know, through his justices, by what warrant they held their estates; -and if they could not produce a good warrant, he straightway seized -their lands. Among others, the Earl of Warrenne was summoned to appear -before the King's justices. He, when asked by what warrant he held his -lands, produced an old and rusty sword, saying: "This, my lords, is my -warrant; for my ancestors came over with William the Bastard and -conquered their lands by the sword, and by the sword I shall defend them -from whoever shall desire to take them; for the King did not conquer and -subdue the whole country by himself, but our ancestors also took part -and assisted him." The other nobles, placing themselves on his side and -supporting his reasoning, departed in excitement and anger. But the -King, when he was informed, feared for himself, and desisted from his -mistaken course. - - - - -THE STATUTE OF MORTMAIN (1279). - -+Source.+--_Statutes of the Realm_, vol. i., p. 51. - - -The King to his justices "de Banco," greeting. - -Although it was previously ordained that ecclesiastics should not enter -on possession of the fees of others without the licence and permission -of the lords-in-chief, from whom these fees are directly held, yet -ecclesiastics have up to now continued to take possession of their own -fees as well as those of others, appropriating and buying them for -themselves, and sometimes receiving them by gift from others, as a -result of which the services due from such fees, which have been from -all time applied to the defence of the kingdom, are unjustly withdrawn, -and lords-in-chief lose their escheats; therefore we, wishing to provide -a proper remedy in the interest of the kingdom, hereby, with the advice -of the prelates, Earls, and other lieges of our council, provide, -decree, and ordain that no ecclesiastic or other person shall buy or -sell, or, under pretext of a donation, or lease, or other title -whatsoever, shall receive from anyone, or in any way appropriate, by -guile or craft, lands or tenements, in such a way that the said lands -and tenements may fall to the dead hand, under pain of forfeiture of the -same. - -We decree, further, that if any ecclesiastic or other person contravene -the present statute in any way, by guile or craft, it shall be lawful -for us and for other immediate lords-in-chief of a fee so alienated, to -enter it within a year of such alienation, and to hold it in fee and as -an inheritance. And if the immediate lord be negligent, and fail to -enter upon possession of such a fee within a year, then it shall be -lawful for the nearest mediate lord of that fee to enter upon and hold -that fee, as aforesaid, within the space of half a year following; and -so may every mediate lord do, if the lord nearest to him be negligent in -entering upon possession, as aforesaid. - -And should all the other lords-in-chief (such as be of full age, and -within the four seas, and out of prison) be negligent or remiss for one -year, we ourselves, after the lapse of a complete year when purchases, -donations, or other appropriations of this kind ought to have been made, -shall take such lands and tenements into our own hands, and shall -enfeoff others on them to do certain fixed services to us for the -defence of our realm; saving to the lords-in-chief of those fees, -wardships, escheats, and other incidents belonging to them, and the due -and accustomed services. And we command you to cause the aforesaid -statute to be read in your presence, and henceforth to be firmly held -and observed. - -Witness the King, at Westminster, on the fifteenth day of November, in -the seventh year of his reign. - - - - -THE WELSH REBELLION OF 1281-1282. - -A. +Source.+--_Annals of Dunstable_, p. 291. (_Annales Monastici_, vol. -iii.--Rolls Series.) - - -A.D. 1282.--In the same year the Welsh rebelled a second time against -their lord, the King of England; the chief reason for the rebellion was -that the lord King had introduced English laws and customs into their -territory, and had decreed that county and hundred courts should follow. -Another reason was that the Justiciar of Chester had caused certain of -the men of David, brother of the Prince of Wales, to be hung, contrary -to the usage of the Welsh. Further, by command of the lord the King, the -woods of the said David had been cut down for the construction of a safe -highway for travellers, as the result of the misdeeds of robbers. - - -B. +Source.+--_Annals of Oseney_, pp. 287 _et seqq._ (_Annales -Monastici_, vol. iv.--Rolls Series.) - -A.D. 1281.--About the Festival of the Annunciation of the Blessed Mary, -Llewellyn, violating the peace which he had some time before entered -into with the King of England, at the instigation and with the -assistance of his brother David, on whom the King of England had -bestowed lands and possessions in England, and whom he had honoured with -kindness among the nobles of his household, did not shame, with a large -band of robbers, to devastate, plunder, and burn, in frequent raids, -those lands, belonging to the King of England and the Marchers, which -lay nearest to him; he even attacked the Castles of Flint and Rhuddlan, -which the King had begun to build on the borders of Wales to ward off -the threatened attacks of the Welsh. When the King, who was at that time -keeping Easter at Devizes, heard the news, he sent off a few of his men -immediately to check, even a little, the advance of the Welsh, until he -himself could take more serious measures. Then, summoning the nobles of -the kingdom, he appointed a Parliament to be held at Worcester on the -Festival of the Nativity of S. John the Baptist. Meanwhile Roger de -Clifford, who was endeavouring to protect the lands lying next his own -from the fury of the marauding bands, was captured, mortally wounded, by -David and his accomplices, after several of his family had been cruelly -put to death. The King, hearing this, decreed in the Parliament -above-mentioned that all the nobles of the kingdom should meet him with -horses and arms in Wales on the Feast of S. Peter ad Vincula; and when a -large army assembled, he laid waste, ravaged, and burned the -strongholds, lands, and villages of the Prince of Wales, which lay near -him. But the Welsh resisted courageously, and one day, when a detachment -from the King's army was advancing somewhat carelessly and allowing -itself to become too far separated from the main body, suddenly a -countless host of Welshmen, bursting forth from hiding-places in the -woods and marshes, attacked our men, who were relatively very few in -number. In the struggle were slain the son of lord William de Valence, -nephew of the lord King, Richard de Argentoein, and several others, the -remainder escaping with difficulty. - -The King remained in the region of Rhuddlan until about the Feast of All -Saints, and in the meantime the lord John, Archbishop of Canterbury, was -sent to Llewellyn at Snowdon to treat for peace with him, or rather to -advise and induce him to observe the peace which he had previously made -with the King, and confirmed in writing and by oath, especially since -the conditions had been carried out. But his mission was fruitless, for -Llewellyn could not be induced to make peace. While the Archbishop -delayed for three days in Snowdon, the English nobles, showing more -foolishness than courage, secretly entered Snowdon, thinking that by -craft they could seize it by their own unaided strength. But the Welsh, -forewarned of their approach, advanced in force against them, and -joining battle, easily prevailed over the small detachment of nobles and -put them to flight. The fugitives thought to save themselves by crossing -a certain river, but, owing to ignorance of the force of the current, -several were drowned, namely, Luke de Tani, William de Dodingsele, -William la Zouche, and others; the rest escaped with difficulty. This -happened on the Festival of S. Leonard. When the Archbishop came down -from Snowdon without accomplishing his aim, he uttered sentence of -excommunication against Llewellyn as a violator of his oath, and a -perjurer, and against David, his brother, and all their accomplices and -abettors. - -About the same time died the lord Roger Mortimer, one of the most famous -men of his age, and a valiant soldier. On his death, the lord Edmund, -his eldest son and heir, together with his brother--perchance, as is -believed, to appease the King--laid an ambush for the said Llewellyn; -for, being informed of his movements by spies, the said Edmund gathered -together a large and powerful force, and, more by chance than was -imagined at that time, fell in with Llewellyn when he had descended from -the mountains of Snowdon for some unknown reason and was traversing the -lower ground with the few followers who still adhered to him, and put -him, and those of his men who were unable to escape, to death by the -sword. The head of the Prince, whom he recognized among the slain, he -cut off and sent to the lord King. This memorable triumph of the slaying -of Llewellyn happened, under God, about the Feast of S. Thomas the -Apostle, before Christmas. The King, glorying in his victory, ordered -the head to be taken to London, and affixed it to the Tower on a spear -as a memorial of so notable a success. - -A.D. 1282.--The King of England, encouraged by the aforesaid victory, -and seeing a way open to him for the fulfilment of his desires, lest -there should be any impediment to his carrying his wishes into effect, -entered in triumph with his men the safe and secret hiding-place of the -Welsh, to wit, the province of Snowdon; he held Easter in a monastery of -Cistercian monks, called in their tongue Aberconway, and situated within -the bounds of the aforesaid province. Then he was able to control, as -master, the castles and fortified places, both within Snowdon and -without, except a certain castle, called in their tongue Bere. Into this -castle David, the brother of Llewellyn, who had fled before the King on -learning of his coming, had in vain introduced a garrison, promising to -send them speedy assistance, while he himself took refuge in secret and -almost inaccessible woods and swamps. The castle itself was surrounded -by an impassable marsh, and possessed no entrance except by narrow paths -artificially constructed to overcome the natural difficulties of the -ground. When the King found this out, he carefully closed up the -entrances and exits and besieged the defenders so straitly that, giving -up hope of any succour, they were compelled to surrender the castle and -trust to the clemency of the King, who graciously granted them freedom -of life and limb. Then the King, by a lavish distribution of gifts and -presents, entered privily into an agreement with some of the natives who -knew the hidden ways and secret retreats, and they, not without joy, -compelled David to withdraw from his refuge, and surrendered him to the -King, who sent him, as was only just, to be imprisoned, along with his -wife and son, at Rhuddlan. This took place about the Feast of S. -Botulf.... About Michaelmas, the King, summoning the nobles and mayors -of the cities to meet him at Salisbury, held a Parliament, and caused -David, who had been imprisoned at Rhuddlan, to be brought before him; -and after consideration of his misdeeds, had him condemned to death, by -advice of the magnates. - - - - -THE STATUTE OF WINCHESTER (1285). - -+Source.+--_Statutes of the Realm_, vol. i., pp. 96-98. - - -I. Forasmuch as, from day to day, robberies, homicides, and arsons -happen more frequently than they did in aforetime, and felonies cannot -be attained by oath of jurors who more willingly suffer felonies done to -strangers to pass without punishment than to indict the evil doers, -since many of them are men of the same neighbourhood, or at least, if -the malefactors be of another district, their receivers are of the -neighbourhood; and this they do because a positive oath has never been -put upon jurors nor upon the district where the felonies were committed -for restitution of damages, and hitherto no punishment has been provided -for concealment or overlooking; our lord the King, to abate the power of -felons, has established a punishment in such cases, so that for fear of -the punishment more than for fear of the oath, they should spare no one -henceforth, and conceal no felony; and he commands that proclamation of -this punishment be solemnly made in all counties, hundreds, markets, -fairs, and other places, where people are wont to assemble, so that no -one may excuse himself on plea of ignorance, and each county may -henceforth be so properly guarded, that immediately after robberies and -felonies fresh suit be made from town to town, and from district to -district. - -II. Likewise inquests shall be made, if need be, in towns by him who is -lord of the town, and afterwards in hundreds and in franchises and in -counties, and sometimes in two, three, or four counties, in those cases -where felonies shall be done on the boundaries of counties, so that -malefactors may be attainted. And if the district will not answer for -the persons of such manner of offenders, the punishment shall be such -that each district, that is to say, the people dwelling in the district, -shall be answerable for the robberies done and the damages; so that -every hundred where a robbery takes place, or the franchises which are -within the precinct of the same hundred, shall be answerable for the -robbery. And should the robbery take place on the boundary between two -hundreds, both hundreds shall be answerable, together with the -franchises they contain; and the district shall have no longer a term, -after the committing of the robbery and felony, than forty days within -which to give satisfaction for the robbery and for the offence, or to -answer for the bodies of the evildoers. - -III. And inasmuch as the King does not wish that people should be -suddenly impoverished by this penalty, which may seem hard to some, he -grants that it be not immediately enforced, but that respite be had -until next Easter, and within that time he will take note how the -district acts, and whether such robberies and felonies cease. After -which term all may be assured that the aforesaid penalty shall be -applied generally in this way, that every district, that is to say, the -people dwelling in the district, shall be answerable for the robberies -and felonies done in their district. - -IV. And for the greater safety of the district, the King has commanded -that in the great cities which are walled, the gates be closed from -sunset to sunrise; and that no man shall take lodging in a suburb or in -any place beyond the walls of a town, from nine of the clock until day, -unless his host be willing to answer for him; and the bailiffs of towns -every week, or at least every fortnight, shall make inquisition for -people harboured in suburbs and outside the walls of a town; and should -they find any that have harboured or received in any way people of whom -it is suspected that they are against the peace, let them do right -therein. And henceforth it is commanded that watches be made, as was -formerly accustomed to be done, from Ascension to Michaelmas, in every -city by six men at each gate; in every borough by twelve men, and in -every town in the land by six men or four according to the number of -people who dwell there; and they shall keep watch continually the whole -night from the setting to the rising of the sun. And should any stranger -pass, he shall be arrested until morning; and should no suspicion be -found of him, he shall go free; but if there be suspicion, he shall -straightway be handed over to the sheriff, who shall receive him without -doing him bodily hurt, and shall keep him safely, until in due manner he -be acquitted. And should such persons not suffer themselves to be -arrested, hue and cry shall be raised after them, and those who keep the -watch shall follow them with the whole town and the neighbouring towns, -and hue and cry be made from town to town, until they be taken and -handed over to the sheriff, as is above provided; and for the arrests of -such strangers, no one shall be punished. - -V. It is further ordained that the highways from one market town to -another be widened, where there be woods, hedges, or ditches, so that -there be no ditches, hedges, or bushes where a man may lurk to do hurt -within two hundred feet on either side of the road; provided that this -statute be understood not to extend to oaks or great trees, where it is -clear underneath. And if through the fault of the lord, who shall be -unwilling to destroy ditches, hedges, or bushes, as aforesaid, robberies -take place, the lord shall be answerable; and if there be murder, the -lord shall be fined at the will of the King; and if the lord be unable -of himself to cut down the bushes, the district shall aid him. And the -King wishes that in his demesne lands, and woods within forests and -without, the roads be widened as aforesaid. And should there be by -chance a park near the highway, the lord thereof shall diminish his park -until it be two hundred feet from the highway, as aforesaid, or shall -build such a wall, ditch, or hedge, that evildoers shall be unable to -cross and recross to do evil. - -VI. Further, it is ordained that every man have in his house arms to -keep the peace according to the ancient assize; that is to say, that -every man between the ages of fifteen and sixty be assessed and sworn to -arms, according to the quantity of his land and chattels, as -follows:--from a man with fifteen pounds worth of land, and chattels -worth forty marks, a hauberk, an iron helmet, a sword, a knife, and a -horse; from ten pounds worth of land and chattels worth twenty marks, -hauberk, helmet, sword, and knife; from an hundred shillings of land, a -doublet, iron helmet, sword, and knife; from forty shillings of land and -beyond it up to an hundred shillings, sword, bow, arrows, and knife; and -he with less than forty shillings of land shall be sworn to carry darts, -knives, and other small arms; and he that hath less than twenty marks in -chattels, shall carry swords, knives, and other small arms. And all -others who can, out of the forests shall have bows and arrows, and -within the forests bows and boults. And the view of armour shall be made -twice a year; and in every hundred and franchise shall be elected two -constables to make the view of armour; and the aforesaid constables -shall bring to the notice of justices specially entrusted therewith, -when they shall come into the district, such faults as they find in the -view of armour, in suits, in watches, and in highways; and they shall -present also such persons as harbour strangers, for whom they will not -be answerable, in upland towns. And the said justices in every -Parliament shall present such defaults to the King, and the King shall -find a remedy therefor. And henceforth sheriffs and bailiffs, within -franchises and without, greater or less, who hold any bailiwick or -forest in fee or in any other manner, shall take care to follow the hue -and cry with the district, and, as they are required, they shall have -horses and armour to do so; and if there be any who do not, the defaults -shall be presented by the constables to the justices, and by them to the -King, as aforesaid. And the King commands and ordains that from -henceforth fairs or markets be not held in cemeteries, for the honour of -Holy Church. - -Given at Westminster, on the last day of October, in the thirteenth year -of the King's reign. - - - - -THE GOOD GOVERNMENT OF ALEXANDER III., KING OF SCOTLAND. - -+Source.+--_The Book of Pluscarden_, pp. 81-82. (_Historians of -Scotland_, vol. x.) - - -In all the early days of the life of the said King the Catholic Church -of Christ flourished at its highest in the kingdom of Scotland, justice -reigned, vice was withered up, virtue increased, and the State grew so -much that prosperity and peace and abundance of wealth and the pouring -in of money and fruitful plenty prevailed in Scotland during all his -time. The King, moreover, was adorned with every virtue, beloved by all -good men, hated by the wicked. A ruler is so called from ruling well; -for where there is no rule, there is no ruler. That King, indeed, so -behaved towards his enemies that they feared him with the utmost fear -and loved him with hearty love; and in his country he maintained -unshaken peace, law, and unbroken prosperity, so that the inhabitants -thereof abode in the beauty of peace, in the tents of trustfulness and -in plenteous ease; and he quelled all insolence, disturbances, rioting, -and rebellion. Now he had this habit, that he was wont to travel every -year through all the districts of his kingdom with a large retinue, to -become acquainted with his people, to reprove shortcomings, to -administer justice, to punish rebels, to cherish and reward the good, -and, with the officers of each district, thoroughly to reform all -abuses. He would not allow within his kingdom any idlers without a trade -or means of livelihood. When the knights and officers of one district -went away from him, the sheriff of another district, with a chosen train -of knights, came to meet him. Moreover, he made it a statute of the -realm that everyone should, in each working day, dig the length and -breadth of his own body--that is, seven feet--considering that idleness -is the foe of virtue. Likewise he would not allow very many licences for -horses, save only those devoted to work, in the court of any lord, or in -the houses of the rich; for too great a number of horses destroys the -sustenance of the poor; for they were bred neither for necessary -purposes nor for profit. The King also decreed that merchandise should -not cross over by sea to any place without the kingdom; for so many -ships were distressed, others taken by foes and enemies, that the -kingdom was much impoverished in this particular; and therefore he -decreed that up to a certain time no ship should pass out of the realm -on pain of loss of goods. Thus, notwithstanding it was with great -difficulty that this was enforced, yet many ships laden with all manner -of merchandise would come in abundance and readily to the country in -these days without danger, and barter all their merchandise, goods for -goods, without the medium of cash. This King also forbade any but free -burgesses to meddle in such trade at all. When these statutes had been -in force for a time, the country in a few years so flourished in -fruitfulness and abundance of all wealth, in handicrafts also, and in -metals and moneys and all the other advantages of policy and good -government, that numberless ships and merchants, hearing of the King's -justice and wisdom, poured in thither from all parts of the world, and -said they saw in the country better and greater things than they had -heard of from afar. Accordingly the country became so wealthy that -Lombards came from the borders of Italy, bringing into the country -untold gold and silver and precious stones, and made the King an offer -to build and construct a city in the country on their own account, on -Queensferry Hill or on an island near Cramond, if the King would see -that they got the due and needful privileges and liberties. This would -have been accorded to them had not death, which snatches all things -away, so soon carried off the King from the world, leaving no lawful -offspring from him to succeed to the throne. - - - - -POPULAR SONG ON THE DEATH OF ALEXANDER III. - -+Source.+--_Androw of Wyntoun's Orygynale Cronykil of Scotland_, book -vii., ll. 3619-3626. - - -(This song, probably contemporary, is inserted by Wyntoun at the close -of his account of Alexander III., under the heading "Cantus.") - - Quhen Alysandyr oure Kyng wes dede, - That Scotland led in luẅe and lé,[28] - Away wes sons[29] off ale and brede, - Off wyne and wax, off gamyn and glé: - - Oure gold wes changyd in to lede. - Cryst, borne in to Vyrgynyté, - Succoure Scotland and remede, - That stad is in perplexyté. - -[28] Law. - -[29] Plenty. - - - - -THE EXPULSION OF THE JEWS (1290). - -+Source.+--_Walter of Hemingburgh's Chronicle_, vol. ii., pp. 20-22 -(English Historical Society Publications.) - - -The King held a Parliament at London after Easter ... and the Barons -complained of the wickedness and perfidy of the Jews, in that they had -impoverished many of the nobles by divers usuries and false scripts, and -had corrupted the coinage throughout the whole land; therefore, it was -ordained by the King and the Privy Council that, on a certain day -between the hours of one and three, all Jews in every city should be -seized and then expelled from the realm; a like zeal inspired all, for -they thought to obtain great favour in the sight of God by cutting off -from the faithful those who had risen against Christ. And this ordinance -was carried into effect, for on the one day all Jews were seized, and -before another appointed day, expelled. All their real property was -confiscated together with their starrs[30] and obligations; but their -remaining movables, with their gold and silver, the King allowed them to -take away--which was a matter of displeasure to many. Among them were -certain Jews of London, of the noblest and wealthiest in the city, who, -since they had immense treasure, hired a great and lofty ship in the -harbour, loaded it, went on board and departed. When they were -descending the Thames and had now approached nigh to the sea, the master -of the ship, without leave, anchored it in the midst of the waters, for -he grieved to think of the kingdom being despoiled of such riches. When -the tide ebbed and the ship was left on the sands, he said to the Jews, -"My masters, you have already suffered discomfort from the sea, and many -greater discomforts are to follow; it would be well then to come and -walk with me on the sands, while the tide is out, for the waters will -not return yet for a space." The Jews acquiesced joyfully, and -disembarked; but he conducted them afar off from the vessel until he saw -the waters returning; and as the tide flowed in, he ran forward and -climbed to the deck of his vessel by means of a rope; whereupon the -Jews, following slowly, called to him to rescue them. "Call not upon -me," he cried in answer, "but upon Moses your prophet; for he brought -your fathers through the midst of the Red Sea, and is able to snatch you -from the midst of the waves, if he will." They called, therefore, upon -God and upon Moses, but were not heard, for the sea swallowed them up, -and they perished in the waters. Then the sailor returned to the King, -told him all, and claimed favour and reward.[31] - -[30] Acquittances and assignments of debt. The word is Hebrew. - -[31] According to Sir Edward Coke, the master and his accomplices were -tried, and hanged for murder. The King had granted a safe-conduct to all -Jews leaving the country. - - - - -JOHN BALLIOL DOES HOMAGE TO EDWARD FOR HIS KINGDOM OF SCOTLAND (1292). - -+Source.+--_Nicholas Trivet's Annals_, pp. 324-325. (English Historical -Society Publications.) - - -The King of England, after the Feast of S. John the Baptist, came to -Scotland, and having listened to the pleas in support of their right of -those who claimed the Scottish throne, caused forty persons to be -elected, twenty from England and twenty from Scotland, to examine those -pleas with diligent care, the final decision being postponed to the -following Michaelmas. When the aforesaid date arrived, after careful -discussion, Edward, with the consent of all, adjudged the kingdom -without reservation to John Balliol, who was descended from the eldest -daughter of David, King of the Scots. Robert Bruce, between whom and the -aforesaid John decision lay, after the claims of the others had been -dismissed, although one degree nearer in descent, yet was descended from -the second daughter of David. John, on the Feast of S. Andrew the -Apostle following, was crowned, seated on the royal stone in the Church -of Canons Regular at Scone. After the coronation, coming to the King of -England, who was keeping the Festival of the Nativity of our Lord at -Newcastle-on-Tyne, he did homage in these words: "My lord, lord Edward, -King of England, I, John Balliol, King of Scotland, acknowledge myself -your liege vassal for the whole kingdom of Scotland, with its -appurtenances and all belonging to it, which kingdom I hold and claim by -right to hold hereditarily, from you and your heirs, Kings of England, -as regards life and limb and earthly honour, against all men who live -and die." And the King received homage in the aforesaid form, saving his -own or another's right. And when King John had done homage, the King of -England restored to him without delay the kingdom of Scotland in full -with all its appurtenances. - - - - -THE OUTBREAK OF WAR BETWEEN ENGLAND AND FRANCE (1293). - -+Source.+--_Walter of Hemingburgh's Chronicle_, vol. ii., pp. 40 _et -seqq._ (English Historical Society Publications.) - - -In the year of our Lord 1293 a shameful quarrel arose between the -English seamen of the Cinque Ports and French seamen from Normandy, in -this wise. A certain ship from the Cinque Ports touched at a port in -Normandy and remained there several days; one day two sailors from this -vessel were going to draw pure water from a spring in the neighbourhood, -when they chanced to meet some Norman sailors, who so irritated them -that they had recourse to abuse and then to blows; finally weapons were -drawn, and one of them was killed; the other fled, and betook himself -with his companions to the ship, where he told what had happened and how -the Normans were hard in pursuit. They sailed out on to the high seas, -hoping there at least to escape, but the enemy followed so as to capture -them. Evading their pursuers with difficulty, they told the news to the -seamen in the Cinque Ports, and besought aid; nor did the rage of the -Normans abate; for they secured reinforcements, and sought out English -vessels on the seas. They happened on one occasion to fall in with six -English ships, which they attacked; two of them they destroyed, hanging -the men with dogs to the yard-arm, and thus sailed over the seas, making -no difference between a dog and an Englishman. When tidings of this -event were brought to the men of the Cinque Ports by those who had -escaped, they straightway gathered together, and, grimly resolving to -avenge the insult, sought out their enemies. - -(A fierce naval engagement followed, in which the English were -victorious.) - -When Philip, King of France, received the news of this battle, although -his brother Charles had been the cause of it, he sent to the King of -England messengers who vehemently demanded that reparation should be -made, that those responsible for the engagement should be given up for -punishment, and that a great sum of money should be paid as compensation -for loss to his merchants. To these demands our King prudently answered -that he would reply through his own agents; and, by their mouth, asked -the King of France, as his relative and lord, to appoint a day and -place, where they might both agree to be present, to deliberate on the -matter in a friendly fashion, and to do further whatever the state of -the case demanded. The King of France did not accept this proposal, but, -with the advice of his Barons, commanded the King of England, by writ, -to appear in his Court on a certain day to answer for the -above-mentioned damages. When the English King did not appear on the day -appointed, it was decided and ordained by the Court of the King of -France that he should be disseised of all his lands beyond the seas, and -should be summoned to appear on another day, under pain of forfeiture of -his whole continental possessions. - -The King of England, fearing a disturbance--having been warned to that -effect by some of his friends--did not come in person, but sent his -brother, the lord Edmund, Earl of Leicester, on each occasion, with -letters empowering him to do whatever was required by justice. When the -latter appeared with a sufficient mandate on behalf of the King of -England, the French Barons did not receive him, but in the Royal Court -adjudged Gascony, and all the lands of the King of England, forfeited -for contempt. The lord Edmund himself, then, in hope of peace, carried -on divers negotiations with the King of France; so that it was commonly -said that our King would marry the sister of the King of France, and by -that means a settlement be arrived at. Meanwhile the Seneschal of the -King of England in Gascony refused to allow the officers of the King of -France to enter in to take possession of the Duchy, and a great dispute -took place; thereupon the King of France, summoning the lord Edmund to -his presence, asked him, as a friend and as the mediator on behalf of -peace, to allow him to possess himself of four or five cities -only--Bordeaux, Bayonne, Langon, and Marmande--and this in the hope of -peace, for he said he could not sign a treaty of peace unless his Barons -saw the sentence of their Court carried into effect; he promised, on his -honour as a King, that complete peace would follow if this request were -granted. Edmund, saying that he could not dare to take it upon himself -so to do, asked to be allowed to seek the opinion and consent of the -King of England himself. Edward, placing full reliance on his brother's -words, replied by letters patent to the effect that he was content with -and would abide by whatever his brother thought should be done regarding -the matter in his name. When these letters had been received and -reported to the King of France, the King promised in all good faith, and -by his word as a King, that he would restore everything in full peace -after a short time, according to his vow. Edmund, guilelessly trusting -him, and ensnared by the royal promise, did not demand security, -believing that the royal word must be of more value than any safeguard -whatever; and he wrote immediately to the Seneschal of Gascony, ordering -him to give seisin of the cities to the officers of the King of France. -Thereupon the French introduced into Gascony first a few men, then a -large number, by stealth, and finally a great army, openly. The lord -Edmund, being informed of this, and fearing rebellion, asked the King of -France to remember his promise and to forbid it; but the King replied: -"Wait a little, until the forty days have passed, when I shall restore -all." When that time was completed, the lord Edmund again brought the -matter before him, only to receive the immediate reply that a decision -of his Court and judgment by twelve peers could not be revoked without -their consent; then, changing his attitude to one of scorn, Philip -departed. - -The lord Edmund ... secretly and in haste left the Court, and, coming to -England to his brother the King, recounted everything in order, not -without great anguish of mind, saying that he had been guilty of folly -and self-deception. But the King, although disturbed in mind by the -news, yet gently comforted his brother, and, hastily summoning his -nobles and John, King of Scotland, held a Parliament at London, in which -he narrated in their presence the whole course of events, and sought -their advice and assistance, saying that he himself intended, even had -he no greater following than one boy and one horse, to prosecute his -rights to the death, and to take vengeance on Philip for his insults; -but the magnates replied unanimously that they would follow him to life -or to death.... The King, thus secure of assistance from his own -subjects, sent two brethren of the Order of Friars Preachers with -letters of presentation to the King of France, to renounce his homage to -the said King. - - - - -WRITS OF SUMMONS TO THE PARLIAMENT OF 1295. - - -1. SUMMONS OF THE ARCHBISHOP AND CLERGY. - -+Source.+--_Report on the Dignity of a Peer_, App. I., p. 67. - -The King to the venerable father in Christ, Robert, by the same grace, -Archbishop of Canterbury and Primate of all England, greeting. - -Even as that most equable law, established by the farseeing wisdom of -the fathers of the Church, exhorts us to remember and ordains that what -concerns all should be approved by all, so it is evident that common -dangers should be provided against by remedies devised in common. You -know, doubtless, for it is, we believe, generally noised abroad -throughout the world, that the King of France has fraudulently and -deceitfully deprived us of our land of Gascony, and wickedly detains it -from us. And now, not content with the aforesaid fraud and wickedness, -he has collected a great fleet and a warlike body of soldiers, with -which he has made hostile advance against our kingdom and the -inhabitants thereof, with intent, if his power correspond to the -detestable iniquity of his intentions, utterly to drive the English -tongue from out the land. Since, therefore, missiles which are foreseen -do less destruction, and since your personal affairs, like those of your -fellow-subjects in this kingdom, are greatly affected by this matter, we -enjoin you, by the faith and love with which you are bound to us, to be -present in person at Westminster on the Sunday after Martinmas this -approaching winter; and premonish the Prior and chapter of your -cathedral, the Archdeacons, and the whole body of clergy, to send with -you the Prior and Archdeacons in person, and one suitable Proctor from -the chapter and two from the clergy, provided with full and sufficient -authority from the said chapter and clergy, to treat, ordain, and take -all necessary measures, together with ourselves and the other prelates -and inhabitants of our kingdom, to meet the dangers and plots directed -against us as aforesaid. - -Witness the King at Wengham on the thirtieth day of September. - - -2. SUMMONS OF THE REPRESENTATIVES OF SHIRES AND TOWNS. - -+Source.+--_Report on the Dignity of a Peer_, App. I., p. 66. - -The King to the Sheriff of Northamptonshire. - -Inasmuch as we wish to confer and treat with the Earls, Barons, and -other nobles of our kingdom, in order to provide remedies against the -evils threatening the kingdom in these days, and with that end in view -have instructed them to come to us at Westminster on the Sunday after -Martinmas this approaching winter, to treat, ordain, and take measures -to meet the aforesaid dangers, we enjoin you firmly to cause to be -elected without delay from the aforesaid county two knights, and from -every city two citizens, and from every borough two burgesses, of those -more discreet and ready to take pains, and to make them appear before us -at the aforesaid time and place; provided that the said knights, by -themselves, shall have full and sufficient power for themselves and the -whole body of the aforesaid county, and the said citizens and burgesses, -by themselves, for themselves and the whole body of citizens and -burgesses, to carry out whatsoever shall be ordained by the advice of -all, in regard to the aforesaid matters; provided that the business -shall not remain undone through lack of these powers. And bring with you -the names of the knights, citizens, and burgesses, and this writ. - -Witness the King at Canterbury on the third day of October. - - - - -EVIL PRIESTS THE CAUSE OF THE PEOPLE'S RUIN. - -+Source.+--_Chronicle of Lanercost_ (translated by Sir Herbert Maxwell -in the _Scottish Historical Review_, vol. vii., pp. 283-284). - - -In like manner, as we know that it is truly written, that evil priests -are the cause of the people's ruin, so the ruin of the realm of Scotland -had its source within the bosom of her own Church, because, whereas they -who ought to have led them (the Scots) misled them, they became a snare -and stumbling-block of iniquity to them, and brought them all to ruin. -For with one consent both those who discharged the office of prelate and -those who were preachers, corrupted the ears and minds of nobles and -commons, by advice and exhortation, both publicly and secretly, stirring -them to enmity against that King and nation who had so effectually -delivered them; declaring falsely that it was far more justifiable to -attack them than the Saracens. Certain mercenary priests also, not -really pastors, pretending to be dealers in wool, had crossed over to -the country of the French at the preceding Feast of S. Lawrence (10th -August, 1294), commissioned by their people to disclose this nefarious -plot to the King (of France). These were the Bishops of St. Andrews and -Dunkeld, who, according to the prophetic saying, "delighted the King by -their wickedness and Princes by their fraud." For, not long afterwards, -they succeeded in making them believe their falsehoods, and sent letters -by their servants announcing that the King of France was most favourably -inclined towards them, and that a huge fleet was setting sail with a -large force of men, and with arms, horses, and provender. In -corroboration whereof the Bishop of St. Andrews sent in advance to -Berwick many new and valuable arms, and also most sumptuous pontifical -vestments, all of which we know were seized and taken by the Bishop of -Durham's sailors in the very mouth of that port. - -Also, to confirm what was said by the Holy Job--"the vain man is puffed -up by pride, and thinketh himself to be born as free as a wild ass's -colt"--this foolish people, yielding credence to these rumours, turned -fiercely upon all the English found within their borders, without regard -to age or sex, station or order. For the authority of the Church, which -was very oppressive, decreed that those rectors and vicars of churches -who were of English origin should be ousted and expelled from the -country by a given date; also the stipendiary priests were suspended and -were sentenced to expulsion with their clerical compatriots. Moreover, -the royal authority ejected monks from their monasteries, and unseated -those who were in high office; it even forced laymen out of their own -houses, confiscating under royal sasine[32] or taxing the goods found -therein. Also the biting tongues of certain evil men, who either could -not or dared not do injury by force, composed ballads stuffed with -insults and filth, to the blasphemy of our illustrious Prince and the -dishonour of his race; which, though they be not recorded here, yet will -they never be blotted from the memory of posterity. - -[32] A deed giving legal possession of land. - - - - -THE VOYAGE OF KYNGE EDWARDE (1296).[33] - -+Source.+--_Archæologia_, vol. xxi., p. 478. - - -(The author of this English account of Edward's expedition is unknown; -the minuteness of the detail would suggest its having been written by -one who took part in the march.) - -HERE FOLLOWETH THE VOYAGE OF KYNGE EDWARDE INTO SCOTLANDE, WITH ALL HIS -LODGYNGS BRYEFLY EXPRESSED. - -In the xxiiij yer of the raigne of King Edwarde, Ester daie was on the -daie of the Annunciation of owre Lady, and on the Wednesdaie in the -Ester weke beyng the xxviij day of Marche passed Kynge Edwarde the -forenone the Ryver of Twede with v thousand horses coverid and xxx -thousand fotemen, and laie that nyght in Scotland at the Priori of -Calderstreme; and the Thursdaie at Hatton; and the Fridaie toke the -towne of Barwyk upon Twede by force of armes withought tarieng. The -Castell was geven up the same daie by the Lorde William Dowglas, whiche -was in it and the Kynge in the said Castell all that nyght and his hoste -in the towne, everi man in the house that he hath gotten, and the Kynge -taried ther almoste a monthe. And on Saint Georges daie the xxiij day of -Aprill cam newes to the Kynge that they of Scotland had besegeid the -Castell of Dunbarre that longed to the Erle Patrik the whiche holded -strongly with the Kynge of England. And on the Mundaie, the Kynge sente -his men to areyse the siege, but before thei cam the Castell was geven -up the same daie, and the Scottis wer in it when the Englishmen cam to -it and did assige it with iij hostes on the Wednesdaie that they cam -ther; and the Tuesdaie they that wer within sende owte privyly; and the -Thursdaie and Fridaie cam the hoste of the Scottis ner them aboute -none[34] to have raysid the siege of the Englisshmen, and when the -Englisshmen se them come towarde them, then the Englysshmen ran to the -Scottis and discomfite did them and did overcome them, and the chase did -dure well x myles of waie untill it was evenyng; and ther died the Lorde -Patrik of Greahm, a greate lord, and x thousand and lv by right -accompte. And the same Fridaie cam the Kyng from Barwyk to goo to -Dunbarre and laie that night at Coldynghm; the Saturdaie at Dunbarre; -and the same daie they of the Castell gave over at the Kynges pleasure, -and ther was in it therle of Acelelles,[35] the erle of Roos, therle of -Monetet, Syr John Comyn of Bedvaasok,[36] the son of Syr Richard Suard, -Syr William Saintler,[37] and iiij skore men of armes and vij skore -fotemen. Ther taried the Kynge iij daies; the Wednesdaie Ascencion even -the Kynge went to Hadyngton; the Sundaie after to Lowedere;[38] the -Mundaie to Rokesbrough at the Graie Freres, the Kynge lodgeid ther -Tuesdaie at the Castell, and the Kynge taried there xiiij daies. And the -xv daie went to Gardeford;[39] the Thursdaie to Wiel;[40] the -Fridaie to Castelton; the Sundaie bak ageyn to Wiell; the Mundaie to -Gaydeford;[41] the Fridaie to Rokesbrough; the Mondaie after to Lowdere; -the Tuesdaie to the Abbey of Neubattaill; the Wednesdaie to Edenbrough -the abbey, and caused ther to be set up iij engyns castyng into the -Castell day and night; and the v daie thei spake of pees; the -viij daie the Kynge went to his bedde to Lunsta,[42] the engyns -castyng stille before the castell. The Thursdaie wente to -Estrevelyn,[43] and they that were in the castell ran away and left non -but the Porter, which did render the keyes: and theder cam therle of -Stradern to the pees; and the Kynge taried ther v daies. The Wednesdaie -before Saint Johns daie the Kynge passed the Scottish se[44] and laid at -Entrearde[145] his castell, the Thursdaie to Saynt Johns,[46] a metely -goode towne, and ther abode Fridaie, Satordaie, and Sundaie, which was -Saint John Baptist daie; the Mundaie went to Kynge Colowen Castell;[47] -the Tuesdaie to Clony[48] castell, and ther abidde v daies; the Munday -after to Entrecoit[49] Castell; the Tuesday to Forfar Castell, a good -toune; the Friday after to Fernovell;[50] the Saturdaie to Monorous[51] -castell and a good toune, and ther abidde Sundaie, Mondaie, and -Tuesdaie; and ther cam to hym Kynge John of Scotlande to his mercy, and -did render quietly the Realme of Scotlande, as he that had done -amys.[52] Also ther cam to merci therle of Marre, therle of Bochan, Syr -John Comyn of Badenasshe, and many oder. The Wednesdaie went to Kynge -Carden, a faiour manour; the Thursdaie to the mountaigne of -Glowberwy;[53] the Wedeninesdaie to a manour in the Dounes[54] amonge -the mountaignes; the Saturdaie to the cyte of Dabberden,[55] a faire -castell and a good towne upon the see, and taried ther v daies; and -thedar was brought the Kynges enemy Syr Thomas Worhme,[56] Sir Hugh -Saint John did take and xij with hym. The Fridaie after wente to -Kyntorn[57] manner; the Saturdaie to Fyuin[58] Castell; the Sundaie to -Banet[59] Castell; the Mundaie to Incolan[60] maner; the Tuesdaie in -tentis in Lannoy[61] upon the ryver to Repenathe[62] maner in the counte -of Morenue;[63] the Thursdaie to the cite of Deigm,[64] a good Castell -and a good towne, and taried ther ij daies; the Sundaie to Rosers[65] -Maner. The Kynge sente the same daie Syr John Cantelow, Syr Hugh Spencer -and Syr John Hastynges to serche the countrey of Badenasshe, and sente -the Bishopp of Dyresym[66] with his people over the mountaynes by -another way then he wente hymselfe; the Mundaie he wente into -Interkeratche,[67] wher ther was no more then iij houses in a rowe -between too mountaignes. The Tuesdaie to Kyndroken[68] castell -belongying to the erle of Marre, and ther taried Wednesdaie, Sainte -Peturs daie, the first daie of Auguste; on Thursdaie to the hospitall of -Kyncarden in the Marnes;[69] the Saturdaie to the citie of Breghem;[70] -the Sundaie to the Abbey of Burbro-doche,[71] and it was said that the -abbot of that place made the people beleve that there was but women and -no men in Englande; the Mundaie to Dunde; the Tuesdaie to -Balygernatthe,[72] the redde Castell; the Wednesdaie to Saint John of -Perte; the Thursdaie to the Abbey of Loundos,[73] and taried ther the -Fridaie, Seynt Lawrence daie. Saterdaie to the Cite of Saint Andrew, a -castell and a good towne; the Sundaie to Merkynch, wher as is but the -churche and iij houses. Mondaie to the abbey of Donffremelyn,[74] ther -as all the moste of the Kynges of Scottes lieth. The Tuesdaie to -Strevelyn, and taried ther Wednesdaie owre Lady daie; the Thursdaie to -Lansen;[75] the Fridaie to Edenbrough, and ther taried Saturdaie; -Sundaie to Hadyngton; Mundaie to Pikelton,[76] by Dunbarre; Tuesdaie at -Coldyngham; Wednesdaie at Barwyk; and conquerid and serchid the Kyngdom -of Scotland as is aforesaid in xxj wekys withought any more. - -[33] In the identification of place-names in this passage, I have -followed Professor Hume Brown, _Early Travellers in Scotland_, pp. 2-6. - -[34] Noon. - -[35] The Earl of Atholl. - -[36] Badenoch. - -[37] Sinclair. - -[38] Lauder. - -[39] Jedburgh. - -[40] Whitekirk. - -[41] Jedburgh. - -[42] Linlithgow. - -[43] Stirling. - -[44] The River Forth. - -[45] Auchterarder. - -[46] Perth. - -[47] Kinclavin Castle. - -[48] Cluny. - -[49] Inverquiech. - -[50] Farnell. - -[51] Montrose. - -[52] Amiss. - -[53] Glenbervie. - -[54] Durris. - -[55] Aberdeen. - -[56] Warham. - -[57] Kintore. - -[58] Fyvie. - -[59] Banff. - -[60] (Inver) Cullen. - -[61] Enzie. - -[62] Balvenie. - -[63] Moray. - -[64] Elgin. - -[65] Rothes. - -[66] Durham. - -[67] Innerquharanche. - -[68] Kildrummy. - -[69] Mearns. - -[70] Brechin. - -[71] Aberbrothock (Arbroath). - -[72] Baledgarno. - -[73] Lindores. - -[74] Dunfermline. - -[75] Linlithgow. - -[76] Pinkerton. - - - - -THE SIEGE OF BERWICK (1296). - -+Source.+--_Chronicle of Lanercost_ (translated by Sir Herbert Maxwell -in the _Scottish Historical Review_, vol. vii., pp. 383-384). - - -The King solemnly observed the thanksgiving services on Easter Day at -his Castle of Wark, and tried to persuade the head men of Berwick to -surrender, promising them safety in their persons, security for their -possessions, reform of their laws and liberties, pardon for their -offences, so that, had they considered their own safety, they would not -have slighted the proffered grace. But they, on the contrary, being -blinded by their sins, became more scornful, and, while he waited for -three days, they gave no reply to so liberal an offer; so that when he -came to them on the fourth day, addressing them personally in a friendly -manner, they redoubled their insults. For some of them, setting -themselves on the heights, ... reviled the King and his people; others -fiercely attacked the fleet which lay in the harbour awaiting the King's -orders and slew some of the sailors. The women folk, also, bringing fire -and straw, endeavoured to burn the ships. The stubbornness of these -misguided people being thus manifest, the troops were brought into -action, the pride of these traitors was humbled almost without the use -of force, and the city was occupied by the enemy. Much booty was seized, -and no fewer that fifteen thousand of both sexes perished, some by the -sword, others by fire, in the space of a day and a half, and the -survivors, including even little children, were sent into perpetual -exile. Nevertheless, this most clement Prince exhibited towards the dead -that mercy which he had proffered to the living, for I myself beheld an -immense number of men told off to bury the bodies of the fallen, all of -whom, even those who began to work at the eleventh hour, were to receive -as wages a penny apiece at the King's expense. - - - - -THE OPPRESSION OF SCOTLAND BY THE ENGLISH -(1296). - -+Source.+--John Barbour, _The Bruce_, book i., ll. 179-224. - - - Quhen Schyr Edward, the mychty King, - Had on this wyss done his likyng - Off Jhone the Balleoll, that swa sone - Was all defawtyt and wndone, - To Scotland went he than in hy,[77] - And all the land gan occupy - Sa hale that bath castell and toune - War in-till his possessioune, - Fra Weik[78] anent[79] Orkenay - To Mullyr snwk[80] in Gallaway, - And stuffyt all with Ingliss men. - Schyrreffys and bailyheys maid he then, - And alkyn[81] othir officeris - That for to gowern land afferis[82] - He maid off Inglis nation; - That worthyt[83] than sa rych fellone,[84] - And sa wykkyt and cowatouss, - And swa hawtane and dispitouss,[85] - That Scottis men mycht do na thing - That euir mycht pleyss to thar liking. - Thar wyffis wald thai oft forly,[86] - And thar dochtrys dispitusly: - And gyff ony of thaim thair-at war wrath, - Thai watyt[87] hym wele with gret scaith;[88] - For thai suld fynd sone enchesone[89] - To put hym to destructione. - And gyff that ony man thaim by - Had ony thing that wes worthy, - As horss or hund or othir thing - That war plesand to thar liking, - With rycht or wrang it have wald thai. - And gyf ony wald thaim withsay,[90] - Thai suld swa do, that thai suld tyne[91] - Othir land or lyff, or leyff in pyne.[92] - For thai dempt[93] thaim eftir thair will, - Takand na kep[94] to rycht na skill.[95] - A! quhat[96] thai dempt them felonly. - For gud knychtis that war worthy, - For litill enchesoune or than nane - Thai hangyt be the nekbane. - Als that folk that euir wes fre - And in fredome wount for to be, - Throw thar gret myschance and foly - War tretyt than sa wykkytly - That thair fays[97] thair jugis[98] war. - Quhat wrechitnes may man have mar? - -[77] Haste. - -[78] Wick. - -[79] Opposite. - -[80] Neck. - -[81] All kinds of. - -[82] Pertains. - -[83] Became. - -[84] So monstrously rich. - -[85] Despiteful. - -[86] Lie with. - -[87] Plundered. - -[88] Hurt. - -[89] Excuse. - -[90] Gainsay. - -[91] Lose. - -[92] Misery. - -[93] Judged. - -[94] Heed. - -[95] Reason. - -[96] How. - -[97] Foes. - -[98] Judges. - - - - -THE POPE FORBIDS THE TAXATION OF THE CLERGY (1296-1297). - -+Source.+--_Walter of Hemingburgh's Chronicle_, vol. ii., pp. 113 _et -seqq._ (English Historical Society Publications.) - - -A.--THE BULL "CLERICIS LAICOS." - -Boniface, Bishop, servant of the servants of God, for the perpetual -remembrance of this matter. Ancient writings declare the hostility of -laymen to clerics in a city, and the experience of these present days -confirms it, for laymen, not content with their own, strive to enter a -forbidden sphere, and cast off restraint in quest of unlawful power; nor -do they prudently remember that jurisdiction over clerics and -ecclesiastics and their goods is prohibited to them; on the contrary, -they impose heavy burdens on prelates of churches, churches, and the -regular and secular clergy, talliage them, ... and compel them to -undergo all manner of servitude ...; further, ... some prelates, ... -seeking a transitory peace, ... acquiesce in such abuses, without -obtaining the authority of the Apostolic See. We, therefore, wishing to -prevent such occurrences, by the advice of our brethren, decree by our -apostolic authority, that all prelates or clerics, ... who pay or -promise to laymen imposts or talliages, a half, a tenth, a twentieth, or -a hundredth, of the goods and revenues belonging to themselves and their -churches ... without the authority of the same see; likewise all -Emperors, Kings, Princes, Dukes, Earls, ... and any others ... who -impose, exact, or receive such payments, ... thereby incur the sentence -of excommunication. - - -B.--ITS RECEPTION IN ENGLAND. - -On the day after All Saints in the same year, the King held his -Parliament at St. Edmund's, where he was granted, on his request, a -twelfth by the people, and an eighth by the cities and boroughs; a fifth -was demanded from the clergy, but they replied that they were unable to -grant anything, and the King to receive anything, without each incurring -the sentence of excommunication pronounced in the Bull; a result which -they deemed the King did not desire, and which they knew would be -injurious to themselves. But this reply did not satisfy the King, so -postponement was made to another Parliament to be held at London on the -day after S. Hilary, to see if after mature deliberation in the interval -they would give a more favourable reply. At length the day came, and -when the clergy were assembled, Master Robert of Winchelsea Archbishop -of Canterbury, after hearing the advice of the messengers sent from the -King, replied as follows: "You know well, my lords, for it is -undeniable, that under God Omnipotent we have two lords, one spiritual -and one temporal; our spiritual lord is the Pope and our temporal lord -the King; and although we owe obedience to each, yet in a greater degree -to the spiritual than to the temporal; but with the aim of satisfying -both, we permit and desire our special messengers to be sent at our -expense to our spiritual lord the Pope, in order that we may have -liberty to grant, or, at least, may be informed by him what we are to -do; for we believe that our lord the King fears and wishes to avoid the -sentence of excommunication pronounced in the Bull, even as we do." To -this the King's messengers replied, "Appoint from among yourselves, my -lords, men whom you may send to make these proposals to the lord King; -for we, knowing that his wrath is roused, fear to tell him of them." -When the clergy had done so, the King's anger broke forth, and giving -way to furious rage, he declared the Archbishop of Canterbury himself -and all the clergy of England outside his guardianship and protection; -and ordered that all the lands--even the lands received in gift--of the -Church of England should be taken into his own hand. And, as is -believed, it miraculously happened that, on the very day on which the -King outlawed the clergy, his soldiers were thrown into confusion and -defeated, in Gascony, by the French. Even the King's Justiciar, seated -at the tribunal, in the place of the King, said, publicly, in the -hearing of all who were present: "Do you, who are attorneys of -Archbishops, Bishops, Abbots, and Priors, and all other clerics, -announce to your masters that for the future they shall receive no -justice in the King's Court for anything, even though they suffer the -most cruel wrongs; yet justice shall be done on them in the interest of -all who complain against them and wish to have redress. Wonderful to -tell! common justice, which is granted to the people, is, I know not for -what reason, denied to the clergy; so Mother Church, which of old had -dominion over her sons, now walks in bondage and servitude." - -But Henry de Newark, Bishop-elect of York, the Bishops of Durham, Ely, -and Salisbury, and some others, fearing the anger of the King, and -imagining some grave danger to be impending, announced that they had in -mind to deposit in their churches a fifth part of the ecclesiastical -property of the year, for the defence of the Church of England and the -warding off of a great crisis, so that they might avoid the King's -anger, and yet not incur the sentence pronounced in the Bull. Thus, -whatever was deposited by the clergy the treasury took into its -possession; by so doing, and under a pretence granting a fifth, these -Churchmen obtained the King's protection. But the Archbishop of -Canterbury remained steadfast, refused to grant or deposit anything, and -chose rather to incur the anger of the King than the sentence of -excommunication; wherefore all his goods were seized, his gold and -silver vessels, and all his horses; and his friends forsook him, nor was -there even anything left for the maintenance of Christ's poor; and it -was ordained, under pain of heavy forfeiture to the King, that no one -should receive him to lodge within a religious house or elsewhere, -heedless of the command of the Apostle, "Receive one another, as Christ -also received you"; and he remained an outcast in the house of a simple -rector, with only one priest and one clerk, not having in the whole -diocese where to lay his head; yet he ordered himself even according to -the word of God, begging publicly, ever ready to die for the Church, and -everywhere protesting that all who had granted anything to the King or -any other lay person, against the will of the lord Pope, had thereby -surely incurred the sentence of excommunication. - -The friends of Oliver, Bishop of Lincoln, who also had refused to -perform the King's will, persuaded the Sheriff of Lincoln to take a -fifth part of the Bishop's goods, and then restore him his possessions -and lands. All the monasteries of that same episcopate, and of the whole -Province of Canterbury, were taken into the King's hand, and by his -command wardens were appointed who allowed to the monks the barest -necessaries, while everything else was gathered into the Treasury. -Whereupon the Abbots and Priors, driven by necessity, approached the -King's Court, and redeemed, not their sins, but their own property, by -the payment of a fourth. At that time the clergy received no justice, -and clerks suffered many injuries. Churchmen were even robbed of their -horses on the King's highway, and were unable to obtain justice, till -they ransomed themselves and were received back into the royal -protection. - - - - -THE NOBLES REFUSE TO GO TO GASCONY WITHOUT THE KING (1297). - -+Source.+--_Walter of Hemingburgh's Chronicle_, vol. ii., pp. 121 _et -seqq._ (English Historical Society Publications.) - - -On the Festival of S. Matthew the Apostle in the same year, the King, -having summoned the magnates of the kingdom without the clergy, held a -Parliament at Salisbury, in which he requested some of the nobles to -cross to Gascony. When all began to excuse themselves, the King grew -angry, and threateningly told some of them that they would either go or -that he would bestow their lands on others who were willing to go. At -this many of the Barons were offended, and signs of quarrel began to be -apparent. The Earl of Hereford (who was High Constable), and the Earl -Marshal gave as their excuse that they would willingly perform the -duties which devolved on them by hereditary right, by accompanying the -King in person. The King once more repeated his request to the Earl -Marshal, who replied: "Gladly will I accompany thee, Sir King, preceding -thy royal person in the front rank, as is my hereditary right." "But -thou wilt also accompany the others without me." "I am not bound, nor is -it my will, Sir King, to set out without thee." Thereat, it is said, the -King angrily burst forth: "By God, Sir Earl, thou shalt either go, or -hang." "By the same oath, Sir King," replied the Earl, "I will neither -go nor hang." Then, without making any agreement, he left the council, -which was dissolved for that occasion. Very soon the Earl of Hereford -and the Earl Marshal, gathering round them many Barons, and choosing -more than thirty bannerets, had collected a great host, to the number of -fifteen hundred horsemen armed for battle; and the King began to be -afraid, though he concealed his fear. Then the rebels, going to their -own estates, refused to allow the King's officials to take wool or hides -or to make any unusual exaction, or to extort anything from those -unwilling to give; they even forbade the officials entrance to their -estates, on pain of loss of life and limb, and occupied themselves in -preparations for resistance. - -The King, in this same year, abiding by his resolve, ordered all who -owed him service, and all others who held from anyone twenty pounds -worth of land within the kingdom of England, to be at London on the -Feast of S. Peter ad Vincula, with horses and arms, prepared to cross -with him without delay or excuse.... The Earl of Hereford and the Earl -Marshal, who had seceded from the King, when they did not fulfil their -obligations, were dismissed from their offices, and the offices given by -the King to others, who would do his will. The Earls, much incensed -thereat, especially since they were supporting not so much their own -cause as that of the commonalty as a whole, informed the mediators, who -were passing between them and the King, that not only they themselves, -but the whole commonalty of the land, were oppressed beyond all bounds -by unjust exactions, talliages and prises, and especially by the -non-observance of the liberties of the Great Charter; and when they saw -that the King's attitude was unyielding ... they sent messengers to him -... to say that if he would confirm the Charter of Liberties and redress -certain abuses, they were all ready to follow him to life or death.... - -When the lord King was at Portsmouth almost ready to cross (to -Flanders), the Earls sent messengers to him to seek to know his will -regarding the aforesaid proposals. And the King answered: "My full -council is not here with me, ... and without it I cannot reply to your -demands. But go, tell them that sent you, that if they are willing to -come with me, they will do me a great pleasure; if they are not, I beg -of them not to do injury to me or, at least, to the kingdom."... Then -the aforesaid Earls, with certain Barons their accomplices, returning to -London, forbade the King's Chancellor and his Barons of the Exchequer to -collect the eighth penny of which the King had obtained a grant from the -people, or the fifth from the clergy, or any other exaction or levy. And -they besought the Londoners, as friends and brethren, to assist them to -gain the liberties of the Great Charter, and to take measures for the -recovery of their lost rights, and their preservation, when recovered; -and lest they should afterwards be charged with unlawful robbery or -extortion, the aforesaid Earls caused it to be publicly proclaimed that -no one of their followers was to take anything, however small, from -anyone, without paying the just price, and this under pain of losing the -right hand, or even the head, should the seriousness of the crime so -require. Then they returned to their own lands, doing no hurt or damage -to anyone. - - - - -WILLIAM WALLACE (1297). - -+Source.+--_The Book of Pluscarden_, pp. 117 _et seqq._ (_Historians of -Scotland_, vol. x.) - - -The same year, that renowned champion William Wallace, the terror of the -English, the son of a noble knight of the same name, rose in Scotland. -He was very tall of stature, of great bodily strength, pleasant and -merry of countenance, of kindly seeming to all his friends, but terrible -to his foes, bounteous in gifts, most righteous in judgment. Being a -true Scot, he loathed the English nation and their ways; and at the -outset of his rebellion against the English nation, he slew the Sheriff -of Lanark and many others with him. From that time there were gathered -unto him all who were bitter in spirit and weighed down by the burden of -most wretched thraldom under the unbearable domination of the English -nation. He became their leader and one of the Wardens of Scotland; for -he was a man of wonderful courage and daring, of knightly origin. His -brother, Sir Andrew Wallace, was girded with the belt of knighthood, and -was a very distinguished and gallant knight; and his patrimony is still -in the possession of his descendants. He himself, however, overthrew the -English on all sides and was always successful against them, so that by -force and by dint of his prowess he in a short time brought all the -magnates of Scotland under his control, whether they would or no; and, -when all had thus been gained over, he held out manfully, and devoted -himself with all his might to storming the stronger castles and bringing -under the sway and dominion of the Scots the strongholds where the -English were in power, for his aim was ever skilfully to overthrow and -undo the English, always sagaciously casting about to compass by tact -and cunning all he was unable to achieve by force and the strong hand. -In all his doings, and in the carrying out of every undertaking, he -would exhort his comrades always to have the cause of the freedom of -Scotland before their eyes in battle, and to charge in its name. He also -told them off by fives, appointing one to have command and maintain -discipline over four under him, and another over ten, and so with each -of them; and he gave instructions that whoever would not obey his -superiors in the ordering of the battle should be summarily put to -death; and so on up to twenty-five and fifty and a hundred in their -several ranks.... At length the renown of William Wallace's name was so -spread about that the noise of the damage done by him to the natives of -England reached the ears of the King of England, who sent into Scotland -a large force of men-at-arms, with his Treasurer, Hugh Cressingham, to -curb the daring of this William Wallace. On hearing this, William -Wallace, who was then engaged on the siege of Dundee Castle, entrusted -it to the burgesses, and, mustering his forces, set himself without much -ado to oppose the aforesaid Treasurer with all haste. He accordingly -engaged him at Stirling Bridge on the 11th of September, 1297, and made -great havoc among his train. Sir Hugh was killed there, and the remnant -of his army who escaped were put to flight, and returned to England; -many were drowned in the rout. So the said William happily gained the -victory; and here the noble Andrew Murray fell by the sword, with a few -others of Scottish birth. After this, however, William Wallace returned -to the siege of Dundee Castle, and brought that place under his sway; -and, finding there much treasure of the King of England, he generously -distributed it among his companions in arms. Thereupon so great fear and -trembling fell upon the enemy, that some of the wardens of castles left -their castles and fled from the fortified places, while others, after -sacking the castles, demolished the strongest towers and withdrew to -their own country. Now from lack of grain there was a great dearth -before the autumn, on account of which the General gave orders that the -army should make its way into England and live there at the expense of -the enemy, so as to save their own provisions and keep them for the -winter. The aforesaid William Wallace likewise appointed that a gallows -should be set up in every domain, so that all under orders to fight, if -absent or flying from battle at a critical time without leave or -reasonable cause, might be hanged thereon without mercy. When these -matters had been settled and completed, he made his way towards England, -and overran and ravaged the whole of Northumberland as far as Newcastle; -thus he wintered in England at the expense of the enemy, and saved his -country's substance; and he got home again safely with much riches and -honour.... - -During the time of his rule the Kingdom of Scotland prospered -wonderfully in happiness and in manifold ways; everyone dwelt in safety -with his own, and agriculture began to thrive everywhere. In spite, -however, of all his good deeds and deserts in the interests of the state -and the independence of the crown, certain sons of wickedness and imps -of the devil conspired and devised mischief against him, framing lies -and backbiting him behind his back while speaking him fair to his face -and meditating treachery, saying within their hearts, "We will not have -this man reign over us." But the lower orders and the populace were -exceedingly fond of him, as were also a good many of the older and wiser -of the great men of the kingdom. For God of His loving-kindness sent -this leader to snatch them from the snare of the fowler; and, whereas -the whole of Scotland was unable at that time to defend herself, he, -supported by the help of God and aided by the assistance of S. Andrew -and S. Cuthbert, did his best to free her from the chain of perpetual -slavery, and strove to exalt her with uplifted arm. So the death of the -guileless lamb was devised by those envious haters of the happiness of -mankind; and hard upon his death there followed struggles, the shipwreck -of the clergy of Scotland, the ruin of the people, the downfall of the -kingdom, and the destruction of the state. - - - - -THE CONFIRMATION OF THE CHARTERS (1297). - -+Source.+--_Walter of Hemingburgh's Chronicle_, vol. ii., pp. 147-151. -(English Historical Society Publications.) - - -While such deeds were being wrought by the perfidious race of the Scots, -those of the King's council who were with his son, seeing that great -danger threatened not only the King in distant parts but the whole realm -of England, urged the King's son, who was residing at London within the -city walls for fear of rebellion, to request and require the Earl -Marshal and the Earl of Hereford, who, as has been explained, had -revolted from his father, to join him, in peace and love. So he sent -letters, asking them to come to the Parliament which he was holding in -the stead of his father at London on the tenth day of October. They -acceded to the request of their new ruler and future Prince, and came on -that day, though not defenceless, for they brought with them fifteen -hundred horsemen and a great number of chosen foot-soldiers; they then -refused to enter the city gates until they were allowed to station their -own guards at each gate, in case, entering without weapons, they should -be shut in like sheep in a fold. When this was granted them, they -entered, and after much debate and deliberation, by the mediation of the -venerable father, Master Robert of Winchelsea, Archbishop of Canterbury, -of blessed memory, there was no other form of agreement than that the -lord King himself should grant and confirm Magna Carta with certain -additional articles, and the Charter of the Forest; and that he should -promise to seek or exact in the future no aid or task from the clergy or -people without the goodwill and assent of the Barons; and that he should -set aside all bitterness against them and their associates. Finally, an -agreement was drawn up in writing as follows: - -I. Edward, by the grace of God, King of England, Lord of Ireland, and -Duke of Aquitaine, to all who shall see or hear these present letters, -greeting. Know that we, for the honour of God and of Holy Church, and -for the good of our whole kingdom, have granted for ourselves and our -heirs, that the Great Charter of Liberties and the Charter of the -Forest, which were made by common assent of the whole realm, in the time -of King Henry our father, shall be observed in every point without -change. And we wish that these same charters be sent under our seal to -our justices, both justices of the forest and others, and to all -sheriffs of counties and to all our other officials, and to all our -cities throughout the land, together with our writs, in which they shall -be enjoined to publish the aforesaid charters, and to tell the people -that we have granted them to be held in every point; and that our -justices, sheriffs, mayors, and other officials who administer the law -of the land under and through us, shall allow these charters in all -their points in pleas before them and in judgments--that is to say, the -Great Charter of Liberties as Common Law; and the Charter of the Forest -according to the Assize of the Forest, for the betterment of our people. - -II. And we wish that if any judgments be given henceforth against the -provisions of the aforesaid charters, by justices and other officials of -ours who hold pleas before them contrary to any point contained in the -charters, they shall be undone and held as nought. - -III. And we wish that these same charters under our seal be sent to the -cathedral churches throughout our kingdom, and remain there; and that -they be twice a year read before the people. - -IV. And Archbishops and Bishops shall pronounce the sentence of great -excommunication against all those who shall come against the aforesaid -charters in act, in deed, or in counsel, or shall infringe or oppose -them in any way; and such sentences shall be pronounced and published -twice a year by the aforesaid prelates. And should the same prelates, or -any of them, be negligent in making the aforesaid denunciation, they -shall, as is fitting, be reproved by the Archbishops of Canterbury and -York for the time being, and compelled to publish the denunciation in -the form aforesaid. - -V. And because the people in our kingdom fear lest the aids and tasks, -which they have hitherto given us for our wars and our needs, of their -own grant and their own free will, in whatever manner they have been -made, may become a fixed service for them and their heirs, should they -at some time be found in the rolls, and likewise prises that have been -taken throughout the kingdom by our officials in our own name, we have -granted for ourselves and our heirs, that we shall not turn into a -custom such aids, tasks, and prises, for anything that may be done or -hereafter found in the rolls or in any other manner. - -VI. We have also granted, for ourselves and our heirs, to the -Archbishops, Bishops, Abbots, Priors, and other people of Holy Church, -as also to the Earls and Barons and the commonalty of the whole realm, -that never for any need shall we take in our kingdom such manner of -aids, tasks, and prises, except by common consent of the whole kingdom -and to the common profit thereof, save the ancient aids and prises due -and accustomed. - -VII. And forasmuch as the greater part of the commonalty of the realm -feel themselves sore grieved by the maletote of wool, that is to say, a -tax of forty shillings on each sack, and have begged us to release the -same, we have fully released it in answer to their request; and we have -granted that we shall never take it nor any other, without their common -assent and their good will; saving to us and to our heirs the custom on -wool, skins, and leather, before granted by the commonalty of the realm -aforesaid. - -In witness whereof we have issued these letters patent. Witness Edward -our son at London, on the tenth day of October, in the twenty-fifth year -of our reign. - -And be it remembered that this same charter in the same terms, word for -word, was sealed in Flanders, under the great seal of the King, at -Ghent, on the fifth day of November, in the twenty-fifth year of the -reign of our aforesaid lord the King, and sent to England. - - - - -THE BATTLE OF FALKIRK (1298). - -+Source.+--_Walter of Hemingburgh's Chronicle_, vol. ii., pp. 177-181. -(English Historical Society Publications.) - - -Soon after, when severe famine was attacking the camp,[99] and the King -had decided to return to Edinburgh in order to get provisions by way of -the North Sea, and then advance against the Scots from another -direction, two Earls--the Earl Patrick and the Earl of Angus--came at -dawn on the day preceding the Festival of Mary Magdalene to the Bishop -of Durham, and took him with them to the King. They introduced into the -King's presence a young spy, who said, "Hail, O King"; and the King -replied, "Hail to thee"; then the spy continued: "My lord King, the army -of the Scots, your foes, is only six short leagues away from you, near -Falkirk, in the Forest of Selkirk. Hearing that you are preparing to -return to Edinburgh, they have decided to fall on your camp this -evening, or at least to attack and despoil your outposts." "There is -indeed a God," said the King, "who has hitherto delivered me from all -danger; it will not be necessary for them to follow me, for I shall -proceed against them even this day." Immediately he gave orders for all -to arm, but did not announce whither he intended to go. Clad in full -armour, he mounted his horse in front of the army and exhorted them all -to take up their arms; then he spoke in person to the sellers of wares, -enjoining them to pack their bundles and follow him without fear. -Finally, when all was ready, about the third hour, the King left -Kirkliston, and directed his march towards the place which goes by the -name of Falkirk. And all wondered that he had changed his intentions, -and caused the army to advance slowly and dispersedly without any haste. - -When they had come to a moor nigh to Linlithgow, they spent the night -there, resting on the ground, with their shields for pillows and their -weapons for couches. The horses, which had tasted nothing but hard iron, -were picketed each near his master; after they had halted for some time, -and the night was about half-way over, it happened that the King's -war-horse, which was guarded somewhat carelessly by a small boy, in -stamping its foot, struck the sleeping King. So soon as the news spread -that the King was hurt, someone raised the cries of "treachery" and "the -enemy are upon us." Whereupon they got themselves ready and were eager -for battle. But when the true version of the incident became known, that -the King was but slightly hurt, they felt pity for him, and the -excitement vanished. Then the King rose immediately, and they set out -and passed through the town of Linlithgow at the dawn of the day. When -they raised their eyes and looked at the hill opposite, they saw on its -crest a number of spearmen. Believing them to be the army of the Scots, -they hastened to ascend the slopes of the hill in battle array, but when -they reached the top, found none. On this spot a tent was pitched, and -the King and the Bishop heard the Mass of the Magdalene (the Magdalene -being the saint of the day). While the celebration was taking place, and -it was light enough for them to see one another, our men saw the Scots -at a distance arranging their lines and preparing for battle. They had -drawn up all their men in four circular bodies on the hard ground of a -slope near Falkirk. These circles were composed of spearmen, with their -spears pointing upwards; they were joined one to another, and stood with -their faces turned towards the circumference of the circles. Between the -circles were spaces, occupied by archers; in the extreme rear were the -cavalry. When, on the conclusion of Mass, the King was informed of what -could be seen, he hesitated, and proposed that they should pitch their -tents until horses and men had broken their fast, for they had not -partaken of food from the third hour of the previous day. But his men -answered: "It is not safe here, O King, for between the two armies there -is only a small stream." "And what of that?" asked the King. "Let us -advance in the name of the Lord," replied they, "for the field is ours -and the victory is ours." "So let it be," said the King, "in the name of -the Father, of the Son, and of the Holy Ghost." - -Immediately the leaders of the front rank--the Earl Marshal, the Earl of -Hereford, and the Earl of Lincoln--advanced straight towards the enemy, -not knowing that there was a morass in the intervening ground. When they -saw it, they made a detour round it on the west side, and so were -delayed in their arrival; but the second rank, that of the Bishop of -Durham, composed of thirty-six chosen veterans, knowing that the morass -was in their way, struck out to the east to avoid it. As they hastened -at full speed in order to be the first to engage, the Bishop commanded -them to await the approach of the King's third line. Ralph Basset, of -Drayton, a valiant soldier, answered him: "It is not your part, my lord -Bishop, to give us our fighting orders at this moment when you ought to -be engaged in celebrating Mass. Go, if you wish to celebrate Mass, for -this day we shall all act as befits soldiers." They hastened on, and -soon after engaged the first circle of the Scots; then the aforesaid -Earls came up from the other side with the first rank. As soon as our -men approached, the Scots cavalry fled without striking a blow, a few -only remaining to give orders to the foot-soldiers, who were drawn up in -circles called "schiltrons." Among them was the brother of the Seneschal -of Scotland, who, when he was directing the bowmen of the Forest of -Selkirk, fell by chance from his horse, and was slain among the bowmen, -who surrounded him and died with him. They were men of comely build and -commanding stature. When the bowmen were thus cut down, our men -proceeded to attack the Scots spearmen, who, as we have said, were -stationed in circles, with sloping spears, after the manner of a -closely-planted wood. And while our horsemen could not advance for the -number of spears, those of the enemy on the outside struck at and -pierced several with their spears. But our foot-soldiers shot at them -with arrows, and then, securing a quantity of round stones, of which -there was abundance near, stoned them. So, when many had been slain and -the others confounded, the remainder of the outer ring were thrown back -on the others, and our horsemen broke in and swept the field. - -There fell of the Scots on that day, besides an unknown number who were -drowned and about twenty horsemen, 50,000 foot-soldiers. The army of the -Scots, according to the report given by prisoners, numbered about 1,000 -horsemen, and about 300,000 foot-soldiers. But the Lord preserved our -men, and no man of note fell in the whole battle save only the Master of -the Knights of the Temple, who was caught in a morass and slain while he -pursued the fugitives. - -[99] The English army was at this time encamped at Kirkliston, in -Linlithgowshire, about eight miles west of Edinburgh. - - - - -SCOTLAND AFTER FALKIRK (1298-1303). - -+Source.+--_The Book of Pluscarden_, pp. 168 _et seqq._ (_Historians -of Scotland_, vol. x.) - - -After the battle lost (by the Scots) at Falkirk, the King of England did -not for the nonce personally come north of the Firth of Forth; but he -sent a very large force, which ravaged the whole land of Fife and all -the adjacent lands of the town of Perth, and killed great numbers of the -inhabitants of those lands; and when this force came back, the said King -and his men went home again with immense booty. This, no doubt, was -God's doing; for if then, or after the engagement at Dunbar and the -capture of King John, he had tarried in the country, he would, as is -believed, either have subdued to his sway the whole land of Scotland and -its inhabitants, or have laid it waste, all but the water and the -stones. As, however, he was very busy elsewhere, he could not attend to -everything at one and the same time. So he and his men went back, after -appointing administrators, officers, and wardens of the castles in -Scotland, in the parts, namely, beyond the Forth, which part of the -country was then fully under his dominion, with the exception of a few -outlaws of the nation of the true Scots, who lived in the woods and were -lurking in caves in rocks and glens, and who, on account of the -slaughter and losses they had inflicted on both English and Anglicised -Scots, durst not appear openly in the sight of the people. But at this -time John Comyn, the Chief Warden of Scotland, and his son, and Simon -Fraser, called Fresail, warlike men, stalwart, and endowed with every -virtue, together with their partisans and followers, day and night lay -in wait for the aforesaid officers, bailiffs, and wardens of castles of -the King of England, and greatly harassed the aforesaid English, as also -the Anglicised Scots, as above stated; and for four years or more they -kept harrying one another with mutual slaughter and divers scourges and -torments.... - -In the year 1303 the King of England entered Scotland with a very large -force, which he had brought with him from both England and Wales, -Gascony, Ireland, and Savoy--the Count of which was there in person, as -well as the Prince of Wales--both by land and by sea, ... with the -deliberate design of peacefully settling in that land of Scotland -altogether and subduing it for ever, or, on the other hand, entirely -sweeping away its inhabitants and leaving the said land a waste. The -King, therefore, scouring the whole country over hill and dale as far as -Lochindorb,[100] received oaths of fealty and homage from all the -inhabitants, and himself personally brought the northern parts under his -dominion. Then, after appointing his royal officials and officers in the -towns and castles, the King went about exploring the country, and -brought it all under his allegiance and dominion; and he remained at -Dunfermline to spend the winter, and no one in all Scotland hindered -him, or brought force to bear against him; but he rested in peace until -Candlemas. In this year Edward of Carnarvon, then Prince of Wales, spent -some time in the town of Perth, and during the whole of this time food -was so plentiful and abundant in Scotland that a laggen[101] of good -beer sold commonly for twopence, and a laggen, Scottish measure, of good -wine for eightpence. The same year, after the whole people of Scotland -had made its submission to the King of England, John Comyn, then Head -Warden, and all the magnates of Scotland, except that noble leader -William Wallace, and his partisans and followers, were little by little -brought by the aforesaid King to make their submission and swear -allegiance to him, giving up to him the towns, castles, and all the -strongholds but Stirling Castle and its garrison.... - -Just after the Easter Festival, the said King Edward besieged Stirling -Castle for three months without a break; and he ordered the whole of the -lead of the monastery of St. Andrews to be stripped off and carried to -Stirling aforesaid for the construction of the engines for the siege. At -length, however, the warden of the said castle, William Oliphant by -name, surrendered the castle to him, under a certain condition in -writing and under seal. But, notwithstanding his promise, the King, on -taking the castle, belied his word and broke through the condition by -taking the said William Oliphant, the warden of the said castle, in -bonds with him to London, and consigning him to a fearful dungeon. The -same year also, when he had taken castles, towns and all the other -strongholds, and the whole of the leading lords of the realm had made -their submission to him, and the whole of the castles and towns formerly -destroyed had been rebuilt, and there was no one but William Wallace -alone who remained faithful to the King of Scotland; and after he had -appointed wardens and officers of his own there, and all and sundry of -the Scottish nation had taken the oaths of fealty and homage, the said -King, together with the Prince of Wales and their armies, went back to -England, leaving, however, one Chief Warden as his lieutenant to put -down and chastise any outbreaks by any of the rest, both Scottish and -English; and he never afterwards showed his face in Scotland. After his -departure, the English nation lorded it in every part of Scotland, -harassing the Scots in many and manifold ways, and ruthlessly doing them -to death with wrongs, massacres, and stripes, under the awful yoke of -slavery. - -[100] Near Elgin. - -[101] Probably in about seven quarts. - - - - -ROBERT THE BRUCE CROWNED KING OF SCOTLAND (1306). - -+Source.+--_Nicholas Trivet's Annals_, pp. 407-408. (English -Historical Society Publications.) - - -In the same year, on the twenty-ninth day of January, Robert the Bruce, -aspiring to the kingdom of Scotland, sacrilegiously slew the noble John -Comyn, who had refused to abet his treacherous rebellion, in the church -of the Minorite Brethren at Dumfries, in the castle of which town the -King's justices were then sitting. Thereafter, on the Feast of the -Annunciation of the Blessed Virgin, he had himself solemnly crowned King -in the abbey of Canons Regular at Scone. The wife of the Earl of Buchan -secretly departed from her husband, taking all his war-horses with her, -and hastened to Scone to place the diadem on the head of the new King; -for her brother, the Earl of Fife, on whom devolved the duty by -hereditary right, was then absent in England. This Countess was captured -in the same year by the English, but, when some of them wished to put -her to death, the King interfered; instead, he confined her in a wooden -cage on the wall of the Castle of Berwick, so that she might be seen by -the passers-by. - - - - -DEATH OF EDWARD THE FIRST (1307). - -+Source.+--_Walter of Hemingburgh's Chronicle_, vol. ii., pp. 266-267. -(English Historical Society Publications.) - - -When the evil intents of the new King (Robert the Bruce) became known, -our King sent to the nobles of the land ordering them to come to -Carlisle, ready for war, a fortnight after the blessed John the -Baptist's day. In the interval, because the King was afflicted with -severe dysentery, and none had speech with him save with his attendants, -it was noised abroad among the people that the King was dead. Edward, -hearing this, ordered everything to be prepared for his journey to -Scotland, and moved his camp almost two miles from Carlisle on the third -day of July--a Monday; on the Tuesday he rode almost two miles; on the -fourth day of the week he rested, but on the Thursday he proceeded to -Burgh-on-Sands, and there he proposed to remain over the following day. -It was his habit and custom almost every day to remain in bed until the -ninth hour; but on the Friday, when he was being raised up by his -attendants to partake of food, he expired in their arms. The King -departed from this world on the day of the translation of S. Thomas, -Archbishop and martyr; his servants concealed the death of the King -until his son and the nobles of the kingdom should come, and many were -imprisoned for proclaiming it. When the Prince his son and the other -nobles arrived, they decreed that the King's body should be removed with -all honour to the south by his Treasurer, the Bishop of Chester, and all -his household, and should remain in the church of the monks of Waltham -until some definite policy should be adopted regarding Scotland, and -there should be leisure to arrange for sepulture; and this was done. - - EPITAPH OF EDWARD I. - - HIC JACET EDWARDUS PRIMUS, MALLEUS SCOTORUM. PACTUM SERVA. - - (Here lies Edward the First, the Hammer of the Scots. Keep troth.) - - -BILLING AND SONS, LTD., PRINTERS, GUILDFORD - - - - -BELL'S ENGLISH HISTORY SOURCE BOOKS. - - -_Volumes now Ready. 1s. net each._ - -+449-1066. The Welding of the Race.+ Edited by the Rev. JOHN WALLIS, -M.A. - -+1066-1154. The Normans in England.+ Edited by A. E. BLAND, M.A. - -+1154-1216. The Angevins and the Charter.+ Edited by S. M. TOYNE, M.A. - -+1216-1307. The Struggle for the Charter.+ Edited by W. D. ROBIESON, -M.A. - -+1307-1399. War and Misrule.+ Edited by A. A. LOCKE. - -+1399-1485. York and Lancaster.+ Edited by W. GARMON JONES, M.A. - -+1485-1547. The Reformation and the Renaissance.+ Edited by F. W. -BEWSHER, B.A. - -+1547-1603. The Age of Elizabeth.+ Edited by ARUNDELL ESDAILE, M.A. - -+1637-1688. The Scottish Covenanters.+ Compiled by J. PRINGLE THOMSON, -M.A. - -+1660-1714. A Constitution in Making.+ Edited by G. B. PERRETT, M.A. - -+1714-1760. Walpole and Chatham.+ Edited by K. A. ESDAILE. - -+1760-1801. American Independence and the French Revolution.+ Edited by -S. E. WINBOLT, M.A. - -+1801-1815. England and Napoleon.+ Edited by S. E. WINBOLT, M.A. - -+1815-1837. Peace and Reform.+ Edited by A. C. W. EDWARDS, M.A., -Christ's Hospital. - -+1837-1856. Commercial Politics.+ By R. H. GRETTON, M.A. - -+1856-1876. Palmerston to Disraeli.+ Edited by EWING HARDING, B.A. - -+1876-1887. Imperialism and Mr. Gladstone.+ Edited by R. H. GRETTON, -M.A. - -+1563-1913. Canada.+ Edited by JAMES MUNRO, Lecturer at Edinburgh -University. - - -_Other volumes, covering the whole range of English History from Roman -Britain, are in active preparation, and will be issued at short -intervals._ - - -LONDON: G. BELL AND SONS, LTD. - - - - - -End of the Project Gutenberg EBook of The Growth of Parliament and the War -with Scotland, by William Dunkeld Robieson - -*** END OF THIS PROJECT GUTENBERG EBOOK GROWTH OF PARLIAMENT, WAR WITH SCOTLAND *** - -***** This file should be named 50790-0.txt or 50790-0.zip ***** -This and all associated files of various formats will be found in: - http://www.gutenberg.org/5/0/7/9/50790/ - -Produced by Close@Hand, Chris Pinfield and The Online -Distributed Proofreading Team at http://www.pgdp.net (This -file was produced from images generously made available -by The Internet Archive). - -Updated editions will replace the previous one--the old editions will -be renamed. - -Creating the works from print editions not protected by U.S. copyright -law means that no one owns a United States copyright in these works, -so the Foundation (and you!) can copy and distribute it in the United -States without permission and without paying copyright -royalties. Special rules, set forth in the General Terms of Use part -of this license, apply to copying and distributing Project -Gutenberg-tm electronic works to protect the PROJECT GUTENBERG-tm -concept and trademark. Project Gutenberg is a registered trademark, -and may not be used if you charge for the eBooks, unless you receive -specific permission. If you do not charge anything for copies of this -eBook, complying with the rules is very easy. You may use this eBook -for nearly any purpose such as creation of derivative works, reports, -performances and research. They may be modified and printed and given -away--you may do practically ANYTHING in the United States with eBooks -not protected by U.S. copyright law. Redistribution is subject to the -trademark license, especially commercial redistribution. - -START: FULL LICENSE - -THE FULL PROJECT GUTENBERG LICENSE -PLEASE READ THIS BEFORE YOU DISTRIBUTE OR USE THIS WORK - -To protect the Project Gutenberg-tm mission of promoting the free -distribution of electronic works, by using or distributing this work -(or any other work associated in any way with the phrase "Project -Gutenberg"), you agree to comply with all the terms of the Full -Project Gutenberg-tm License available with this file or online at -www.gutenberg.org/license. - -Section 1. General Terms of Use and Redistributing Project -Gutenberg-tm electronic works - -1.A. By reading or using any part of this Project Gutenberg-tm -electronic work, you indicate that you have read, understand, agree to -and accept all the terms of this license and intellectual property -(trademark/copyright) agreement. If you do not agree to abide by all -the terms of this agreement, you must cease using and return or -destroy all copies of Project Gutenberg-tm electronic works in your -possession. If you paid a fee for obtaining a copy of or access to a -Project Gutenberg-tm electronic work and you do not agree to be bound -by the terms of this agreement, you may obtain a refund from the -person or entity to whom you paid the fee as set forth in paragraph -1.E.8. - -1.B. "Project Gutenberg" is a registered trademark. It may only be -used on or associated in any way with an electronic work by people who -agree to be bound by the terms of this agreement. There are a few -things that you can do with most Project Gutenberg-tm electronic works -even without complying with the full terms of this agreement. See -paragraph 1.C below. There are a lot of things you can do with Project -Gutenberg-tm electronic works if you follow the terms of this -agreement and help preserve free future access to Project Gutenberg-tm -electronic works. See paragraph 1.E below. - -1.C. The Project Gutenberg Literary Archive Foundation ("the -Foundation" or PGLAF), owns a compilation copyright in the collection -of Project Gutenberg-tm electronic works. Nearly all the individual -works in the collection are in the public domain in the United -States. If an individual work is unprotected by copyright law in the -United States and you are located in the United States, we do not -claim a right to prevent you from copying, distributing, performing, -displaying or creating derivative works based on the work as long as -all references to Project Gutenberg are removed. Of course, we hope -that you will support the Project Gutenberg-tm mission of promoting -free access to electronic works by freely sharing Project Gutenberg-tm -works in compliance with the terms of this agreement for keeping the -Project Gutenberg-tm name associated with the work. You can easily -comply with the terms of this agreement by keeping this work in the -same format with its attached full Project Gutenberg-tm License when -you share it without charge with others. - -1.D. The copyright laws of the place where you are located also govern -what you can do with this work. Copyright laws in most countries are -in a constant state of change. If you are outside the United States, -check the laws of your country in addition to the terms of this -agreement before downloading, copying, displaying, performing, -distributing or creating derivative works based on this work or any -other Project Gutenberg-tm work. The Foundation makes no -representations concerning the copyright status of any work in any -country outside the United States. - -1.E. Unless you have removed all references to Project Gutenberg: - -1.E.1. The following sentence, with active links to, or other -immediate access to, the full Project Gutenberg-tm License must appear -prominently whenever any copy of a Project Gutenberg-tm work (any work -on which the phrase "Project Gutenberg" appears, or with which the -phrase "Project Gutenberg" is associated) is accessed, displayed, -performed, viewed, copied or distributed: - - This eBook is for the use of anyone anywhere in the United States and - most other parts of the world at no cost and with almost no - restrictions whatsoever. You may copy it, give it away or re-use it - under the terms of the Project Gutenberg License included with this - eBook or online at www.gutenberg.org. If you are not located in the - United States, you'll have to check the laws of the country where you - are located before using this ebook. - -1.E.2. If an individual Project Gutenberg-tm electronic work is -derived from texts not protected by U.S. copyright law (does not -contain a notice indicating that it is posted with permission of the -copyright holder), the work can be copied and distributed to anyone in -the United States without paying any fees or charges. If you are -redistributing or providing access to a work with the phrase "Project -Gutenberg" associated with or appearing on the work, you must comply -either with the requirements of paragraphs 1.E.1 through 1.E.7 or -obtain permission for the use of the work and the Project Gutenberg-tm -trademark as set forth in paragraphs 1.E.8 or 1.E.9. - -1.E.3. If an individual Project Gutenberg-tm electronic work is posted -with the permission of the copyright holder, your use and distribution -must comply with both paragraphs 1.E.1 through 1.E.7 and any -additional terms imposed by the copyright holder. Additional terms -will be linked to the Project Gutenberg-tm License for all works -posted with the permission of the copyright holder found at the -beginning of this work. - -1.E.4. Do not unlink or detach or remove the full Project Gutenberg-tm -License terms from this work, or any files containing a part of this -work or any other work associated with Project Gutenberg-tm. - -1.E.5. Do not copy, display, perform, distribute or redistribute this -electronic work, or any part of this electronic work, without -prominently displaying the sentence set forth in paragraph 1.E.1 with -active links or immediate access to the full terms of the Project -Gutenberg-tm License. - -1.E.6. You may convert to and distribute this work in any binary, -compressed, marked up, nonproprietary or proprietary form, including -any word processing or hypertext form. However, if you provide access -to or distribute copies of a Project Gutenberg-tm work in a format -other than "Plain Vanilla ASCII" or other format used in the official -version posted on the official Project Gutenberg-tm web site -(www.gutenberg.org), you must, at no additional cost, fee or expense -to the user, provide a copy, a means of exporting a copy, or a means -of obtaining a copy upon request, of the work in its original "Plain -Vanilla ASCII" or other form. Any alternate format must include the -full Project Gutenberg-tm License as specified in paragraph 1.E.1. - -1.E.7. Do not charge a fee for access to, viewing, displaying, -performing, copying or distributing any Project Gutenberg-tm works -unless you comply with paragraph 1.E.8 or 1.E.9. - -1.E.8. You may charge a reasonable fee for copies of or providing -access to or distributing Project Gutenberg-tm electronic works -provided that - -* You pay a royalty fee of 20% of the gross profits you derive from - the use of Project Gutenberg-tm works calculated using the method - you already use to calculate your applicable taxes. The fee is owed - to the owner of the Project Gutenberg-tm trademark, but he has - agreed to donate royalties under this paragraph to the Project - Gutenberg Literary Archive Foundation. Royalty payments must be paid - within 60 days following each date on which you prepare (or are - legally required to prepare) your periodic tax returns. Royalty - payments should be clearly marked as such and sent to the Project - Gutenberg Literary Archive Foundation at the address specified in - Section 4, "Information about donations to the Project Gutenberg - Literary Archive Foundation." - -* You provide a full refund of any money paid by a user who notifies - you in writing (or by e-mail) within 30 days of receipt that s/he - does not agree to the terms of the full Project Gutenberg-tm - License. You must require such a user to return or destroy all - copies of the works possessed in a physical medium and discontinue - all use of and all access to other copies of Project Gutenberg-tm - works. - -* You provide, in accordance with paragraph 1.F.3, a full refund of - any money paid for a work or a replacement copy, if a defect in the - electronic work is discovered and reported to you within 90 days of - receipt of the work. - -* You comply with all other terms of this agreement for free - distribution of Project Gutenberg-tm works. - -1.E.9. If you wish to charge a fee or distribute a Project -Gutenberg-tm electronic work or group of works on different terms than -are set forth in this agreement, you must obtain permission in writing -from both the Project Gutenberg Literary Archive Foundation and The -Project Gutenberg Trademark LLC, the owner of the Project Gutenberg-tm -trademark. Contact the Foundation as set forth in Section 3 below. - -1.F. - -1.F.1. Project Gutenberg volunteers and employees expend considerable -effort to identify, do copyright research on, transcribe and proofread -works not protected by U.S. copyright law in creating the Project -Gutenberg-tm collection. Despite these efforts, Project Gutenberg-tm -electronic works, and the medium on which they may be stored, may -contain "Defects," such as, but not limited to, incomplete, inaccurate -or corrupt data, transcription errors, a copyright or other -intellectual property infringement, a defective or damaged disk or -other medium, a computer virus, or computer codes that damage or -cannot be read by your equipment. - -1.F.2. LIMITED WARRANTY, DISCLAIMER OF DAMAGES - Except for the "Right -of Replacement or Refund" described in paragraph 1.F.3, the Project -Gutenberg Literary Archive Foundation, the owner of the Project -Gutenberg-tm trademark, and any other party distributing a Project -Gutenberg-tm electronic work under this agreement, disclaim all -liability to you for damages, costs and expenses, including legal -fees. YOU AGREE THAT YOU HAVE NO REMEDIES FOR NEGLIGENCE, STRICT -LIABILITY, BREACH OF WARRANTY OR BREACH OF CONTRACT EXCEPT THOSE -PROVIDED IN PARAGRAPH 1.F.3. YOU AGREE THAT THE FOUNDATION, THE -TRADEMARK OWNER, AND ANY DISTRIBUTOR UNDER THIS AGREEMENT WILL NOT BE -LIABLE TO YOU FOR ACTUAL, DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE OR -INCIDENTAL DAMAGES EVEN IF YOU GIVE NOTICE OF THE POSSIBILITY OF SUCH -DAMAGE. - -1.F.3. LIMITED RIGHT OF REPLACEMENT OR REFUND - If you discover a -defect in this electronic work within 90 days of receiving it, you can -receive a refund of the money (if any) you paid for it by sending a -written explanation to the person you received the work from. If you -received the work on a physical medium, you must return the medium -with your written explanation. The person or entity that provided you -with the defective work may elect to provide a replacement copy in -lieu of a refund. If you received the work electronically, the person -or entity providing it to you may choose to give you a second -opportunity to receive the work electronically in lieu of a refund. If -the second copy is also defective, you may demand a refund in writing -without further opportunities to fix the problem. - -1.F.4. Except for the limited right of replacement or refund set forth -in paragraph 1.F.3, this work is provided to you 'AS-IS', WITH NO -OTHER WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT -LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PURPOSE. - -1.F.5. Some states do not allow disclaimers of certain implied -warranties or the exclusion or limitation of certain types of -damages. If any disclaimer or limitation set forth in this agreement -violates the law of the state applicable to this agreement, the -agreement shall be interpreted to make the maximum disclaimer or -limitation permitted by the applicable state law. The invalidity or -unenforceability of any provision of this agreement shall not void the -remaining provisions. - -1.F.6. INDEMNITY - You agree to indemnify and hold the Foundation, the -trademark owner, any agent or employee of the Foundation, anyone -providing copies of Project Gutenberg-tm electronic works in -accordance with this agreement, and any volunteers associated with the -production, promotion and distribution of Project Gutenberg-tm -electronic works, harmless from all liability, costs and expenses, -including legal fees, that arise directly or indirectly from any of -the following which you do or cause to occur: (a) distribution of this -or any Project Gutenberg-tm work, (b) alteration, modification, or -additions or deletions to any Project Gutenberg-tm work, and (c) any -Defect you cause. - -Section 2. Information about the Mission of Project Gutenberg-tm - -Project Gutenberg-tm is synonymous with the free distribution of -electronic works in formats readable by the widest variety of -computers including obsolete, old, middle-aged and new computers. It -exists because of the efforts of hundreds of volunteers and donations -from people in all walks of life. - -Volunteers and financial support to provide volunteers with the -assistance they need are critical to reaching Project Gutenberg-tm's -goals and ensuring that the Project Gutenberg-tm collection will -remain freely available for generations to come. In 2001, the Project -Gutenberg Literary Archive Foundation was created to provide a secure -and permanent future for Project Gutenberg-tm and future -generations. To learn more about the Project Gutenberg Literary -Archive Foundation and how your efforts and donations can help, see -Sections 3 and 4 and the Foundation information page at -www.gutenberg.org - - - -Section 3. Information about the Project Gutenberg Literary Archive Foundation - -The Project Gutenberg Literary Archive Foundation is a non profit -501(c)(3) educational corporation organized under the laws of the -state of Mississippi and granted tax exempt status by the Internal -Revenue Service. The Foundation's EIN or federal tax identification -number is 64-6221541. Contributions to the Project Gutenberg Literary -Archive Foundation are tax deductible to the full extent permitted by -U.S. federal laws and your state's laws. - -The Foundation's principal office is in Fairbanks, Alaska, with the -mailing address: PO Box 750175, Fairbanks, AK 99775, but its -volunteers and employees are scattered throughout numerous -locations. Its business office is located at 809 North 1500 West, Salt -Lake City, UT 84116, (801) 596-1887. Email contact links and up to -date contact information can be found at the Foundation's web site and -official page at www.gutenberg.org/contact - -For additional contact information: - - Dr. Gregory B. Newby - Chief Executive and Director - gbnewby@pglaf.org - -Section 4. Information about Donations to the Project Gutenberg -Literary Archive Foundation - -Project Gutenberg-tm depends upon and cannot survive without wide -spread public support and donations to carry out its mission of -increasing the number of public domain and licensed works that can be -freely distributed in machine readable form accessible by the widest -array of equipment including outdated equipment. Many small donations -($1 to $5,000) are particularly important to maintaining tax exempt -status with the IRS. - -The Foundation is committed to complying with the laws regulating -charities and charitable donations in all 50 states of the United -States. Compliance requirements are not uniform and it takes a -considerable effort, much paperwork and many fees to meet and keep up -with these requirements. We do not solicit donations in locations -where we have not received written confirmation of compliance. To SEND -DONATIONS or determine the status of compliance for any particular -state visit www.gutenberg.org/donate - -While we cannot and do not solicit contributions from states where we -have not met the solicitation requirements, we know of no prohibition -against accepting unsolicited donations from donors in such states who -approach us with offers to donate. - -International donations are gratefully accepted, but we cannot make -any statements concerning tax treatment of donations received from -outside the United States. U.S. laws alone swamp our small staff. - -Please check the Project Gutenberg Web pages for current donation -methods and addresses. Donations are accepted in a number of other -ways including checks, online payments and credit card donations. To -donate, please visit: www.gutenberg.org/donate - -Section 5. General Information About Project Gutenberg-tm electronic works. - -Professor Michael S. Hart was the originator of the Project -Gutenberg-tm concept of a library of electronic works that could be -freely shared with anyone. For forty years, he produced and -distributed Project Gutenberg-tm eBooks with only a loose network of -volunteer support. - -Project Gutenberg-tm eBooks are often created from several printed -editions, all of which are confirmed as not protected by copyright in -the U.S. unless a copyright notice is included. Thus, we do not -necessarily keep eBooks in compliance with any particular paper -edition. - -Most people start at our Web site which has the main PG search -facility: www.gutenberg.org - -This Web site includes information about Project Gutenberg-tm, -including how to make donations to the Project Gutenberg Literary -Archive Foundation, how to help produce our new eBooks, and how to -subscribe to our email newsletter to hear about new eBooks. - |