Chapter II: Part 2

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.